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Home My WebLink About098-85I:ZM ft HOLDGATE AND COLLETTI CONSTRUCTION, INC. (098 -85) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. �rif'GrJ.� Ij ?%c, l'1CIZC� William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION: In the matter of the Application of HOLDGATE AND COLLETTI CONSTRUC- TION, INC. (098 -85) at a meeting of the BOARD OF APPEALS held at 1:30 p.m. on FRIDAY, DECEMBER 13, 1985, at the Town and County Building, Nantucket. The Board enters the following Decision and makes the following findings: 1. Applicant seeks a SPECIAL PERMIT under Zoning By -Law SECTION 139 -33 to expand an existing non - conforming commercial use by addition of a hopper structure to serve as a plant for preparation of non - asphaltic (non- bituminous) concrete to be used off -site. The premises are located OFF THE MILESTONE ROAD, in the zoning district LIMITED USE GENERAL -3, Assessor's Map 53, Parcel 25. 2. At our hearing of November 8, 1985, the threshold question of this Board's jurisdiction was taken up. Based upon the Application papers, correspondence, testimony, representations and viewings, the Applicant's commercial use, an extensive borrow pit, was found clearly to exceed 5000 SF. The By -Law provision for Major Commercial Development ( "MCD ") was first enacted at the April 1979 Annual Town Meeting ( "ATM "). Only with the April 1985 ATM amendment has provision been made for "grandfathering ". Absent evidence to show applicability of grandfathering in this matter, the amended MCD provisions would place sole jurisdiction of Special Permit grants in the Planning Board. (Section 139 -9 B(4)(b).) 3. The grandfathering provision, the last paragraph of Section 139 -9 B(4)(a), speaks of commercial developments accomplished with more than one building permit. No evidence was offered in this case of prior building permits. Nor were we told of the extent of commercial use preceding the 4/79 ATM. The Board voted to obtain Town Counsel's opinion, taking this case UNDER ADVISEMENT until our meeting of December 13, 1985. Advised then by Town Counsel, we of necessity relied upon Board member knowledge from prior viewings. On this basis we find that Applicant's pre -4/79 commercial use at the site was restricted toborrow pit operations of almost the same (098 -85) -2- extent as the present pit. Assuming no operations at the pit are conducted other than borrow, we are able to find no MCD, and jurisdiction accordingly in this Board. If commercial use were ever enlarged in area or kind beyond the original pre -4/79 borrow operations to come within the MCD definition, a Special Permit from this Board would not suffice. 4. Applicant proposes use of a mixing hopper constructed within the pit carried on 4 corner poles. With height of 14 feet, the structure has a profile below grade, the hopper open to receive aggregate and cement (argillaceous and calcareous materials) in a dry mix for dry flow into a concrete mixing truck below. Water is supplied to the mix from a water tank truck. The entire operation thus involves the hopper, associated vehicles and areas for their movement and for storage of materials used. (The borrow operation is understood not to supply aggregate gravel.) The fixed structure is within 400 SF of ground cover and 20 foot height. No signifi- cant increase in dust, noise or other objectionable element prohibited in Section 139 -20 is foreseen. 5. Opposition was raised but not pursued by the principal abuttor (through a recent acquisition of the Hoversen Trust in the North Pasture). Concern was expressed about conservation and Airport interests in that connection. Two letters in opposition were also noted neither specific to the hopper -type operation here. The Planning Board's recommendation was favorable provided Applicant is not making bituminous cement - as we are assured by Applicant's counsel here. 6. Accordingly, this Board by UNANIMOUS vote, GRANTS to Applicant the SPECIAL PERMIT under SECTION 139 -33 to use the above - described hopper structure for the mixing of cement and aggregate in the on -site preparation of non - bituminous concrete for off -site use. Dated: December 18, 1985 c Nantucket, MA 02554 ti-- �Qe�� P M. William R. Sherman Dorothy D. "Vollans Q,A3.� C. M rsha B a THE BOARD OF' APPEALS Date: December 18 919 85 Certificate of Granting of Va�e Special Permit (General Laws Chapter 40A, Section 11) The Board of appeals of the City or Town of Nantucket hereby certifies that a Varia e ^' Sypecial Permit has been granted To HOLDGATE AND COLLETTI CONSTRUCTION, INC (098 -85) - Address Off Milestone Ro City or Town Nantucket — affecting the rights of the owner with respect to land or buildings at Off M; 1 e s r on e Road- Assessor's Map 53, Parcel 25, Book 200, Page 186 - -- And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said varianee -- special permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the planning board and the city or town clerk. The Board of Appeals also calls to the attention of the owner or applicant that General La��s, Chapter 40A, Section 1 l (last paragraph) provides that no pecial permit, or any e\- tension, modification or renewal thereof, shall take effect until a copy of the decision b'_aring the certification of the town or city clerk that twenty days have elapsed after the decision has been filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal 111- been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for sucli recor- ding or registering shall be paid by the owner or applicant. Chairman Clerk r URM IU94 A WARREN INC: -1:11 r �(3 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 8, 1985 at 1:30 p.m.-in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of HOLDGATE AND COLLETTI CONSTRUCTION, INC. (098 -85) seeking a SPECIAL PERMIT under Zoning By -Law SECTION 139 -33 to expand an existing non - conforming commercial use by addition of a concrete plant. The property is located OFF THE MILESTONE ROAD ASSESSOR'S MAP 53, PARCEL 25,BOOK 200, PAGE 186 and zoned LIMITED USE GENERAL -3. /:Jorsn/. William R. Sherman, Chairman BOARD OF APPEALS FE F. $100.00 Case Nl.. APPLICATTON TO THE DOARD OF APPEALS 'lo the 011 the Board of Appeals: he kip, Jlt,,rs-i aned hereby a-pl"«.-. fol: rel..-'Lef the term: , 0 N:7 B Y - 1 13 11, DI N (, C 0 DE) can e r t �, de c r i below; 0 1'rt.,pertv Off Milestone Road 1-of- .'To, Book 2010, Page 186 Plan Nc.).Assessor's Sneet 53, 11arc(_1 2-5 ,)2 :3tr11..1 is zonej for LUG-3 �-.)f structure(Exist-ing or Proposed) or proposed use: I S Nzi r.. 1 e x L, oL Poad, NantuckSjt A 0255Z, When did ; .,,u acquire this property? 19,83 - -------- i1 D application been filed at Uui.ldinq Department" 1,10 H,i , a,,,.-; pry vious appeal been made? Yes �,O(,t.on of By-Iaw or Code from which relief is requestc,d: Section 71 for -Isking relief: Expansion of pre-existing noci-corfo-L-mina com- - - -------- The ex- m,ercial usc bv the addition (--)f a concrrlte plant on the s? c-, n s o n OL alteration of the pre-t"xisting cs�-, and struc-ure , relief BOARD'S DECISION —7-tioii -su; -.,Atted to Board I S i can r J with the Town —i rk- plicant Wayne Attorney for applical"L- A s t u f t c n a m e & r es ::7, (- s r:) f e h a a rid own, e r a b t t i i -i-,, Lll° a ii t t e r!--, 2 A chec-k: ii' , the c)E 1-YI(, of 'Nantucket. ( ?) Four copies of the application and a map or P'lar, IL,he location of proy)erty to be con i(.'erod. (4) If the applicant is other tha,.,, the owner, ,�Our aLl#--hL).-,-it y, to make this arplication. BOARD'S DECISION —7-tioii -su; -.,Atted to Board I S i can r J with the Town —i rk- TOWN OF N;VLNIT1JCKET BOAiZ'D OF APPE7\i-` 1"Ist of partles, in intere--t, in tht- ,,, ii t_cr_ c t tip f)(Aiti-(j Holdqate & rojjE,'ti Cori c S t ru c. t o n (7, Address Post office 11icx 3-31. Nantuck(,t, YLA 02554 Piol.-.,erty Addre!�s 01-f Milostone Road 5�/ 23.1 Open Land Fund, Inc. Hinkloy Lane Nantucket, MA 02554 23 .2 Joan J. Fisher and Everett R. Fisher c/o Frank Low 33 Joan Drive Chapp.,qua, NY 10514 I Frank H. & �"Iara B. Low 2 33 Joan 'Drive 24 Chaopaqua, NY 10515 26 :,:2rt1fy the foregoing i,,, --i list of 0 P., 'W I I 11-(, 0W1,1C:-r 11-ind abutting tthe propert- and owner c, of land dj t-oc-t-ly t i property on any str(Eet cz: wail, -10 owners of I mcl t::-:. I 3M feet of the property, -i1l as th'ey- app 211t C"'11 1, 1 aCaibl e t ca x I _1 t '1985 . . . . ' , ` ' / ' --'� r ^---- - - - - «° � / � / ' / | ' / ` ')N WAS '^ w*�cuJDS, ^^z/Sw-, TO m ',)Cu*T°ccu* _ / ' / / / / --`- ` u LEGEND — --------------- L m r=Tro v` w*J�*V�n^ & v"�"= *,.~o" `~,, A!n,=~.^~,AP,,OU=^=~� `. ` / 'P 14 4 a / .. �I[! ^.^.^^. ' / 'i --~ �I[! ^.^.^^. LAW OFFICES HOLMES, HAYS & FITZGERALE) 35 CENTER STREET NANTUCKET,IVIASS 02S54 WAYNE F HOLMES A 74 F A COO[. WILLIAM H. DAYS L11 JU"'K A. FITZGERALD October 11, 1985 William Sherman, Esq. Chairman, Board of Appeals 18 Broad Street Nantucket, MA 02554 RE: Applica'E-ion for Special Permit Holdgate & Colletti Construction, Tnc. Off Milestone Road, Nantucket, MA Dear Mr. Sherman: Enclosed for filing, please find the followlinr�: 1. Application plus three (3) copies; 4. Certified Abutter's List, plus three (3) cop-Les; and 3. Four (4) copies of the site plan. A check in the amount of $100.00 to cover the filing fee, is also enclosed. Please schedule this for hea-ri;;,-j or; the next availabl e date. ?I JAF/sdi-) Enclosures cc: Madelyn Perry, Town Very truly yours, Wayne IF'. FEE S100. 00 Case No. A.PPLICATION TO TW' bIjARD OF APPEALS Nantucket, Massacilusc!�j_f-, .o the Mei,lbers of the Board of Appeals. The unlersivned hereby applies for relief from the tc-,�r,;s of the ,ZONING W-111ILDING CODE) on property described below: Off Milestone Road 10t 10. Book 200, Page 186 Plan No.ASsessor's Shoot 53, Parc --1 2 c, t z d f o r-- LUG -3 -po ')f s' t z'uolture (Existing or Pz'oposc 1) or prc o -se -d use': s N a a. Tric. t NI a n ac(.Julre this prc,perty? 1983 applic"tion boon filed at Lhiildifiq tme rit'? o an ' prt-'-vious appeal been !�) by-L:iw or Code frG,-a iVhic!t1 rea1.1.t?r 2° I- -"-c-cLj(�n 71 ecii:-ii iric� relief FxpansiGn ol� pre-e.xistii;g M(- rcial. 1,,se by the zi(ldition of a concrete pla-C;t or- Lhe sife. TL,,e tens.-I'lon or alteraf.4-on of -the ure—existinq use re—,'Ares, '-'Pec i 1 Permit r Ij-c Attorn -:Y for applicant Vj .111- - uA !-:-ftitted to Board 'lates "I (A4 a t Bo'.Ird File,' with the Tow i CLL�rk t Attorn -:Y for applicant A li.st of �I-he na-;cs and ador(.Sse' s 0 1 c i C h 'D 1) U t e - and r,�wrier abuttinq tho CI131'ltter3. A check In th )`..:. {JII.It of jp, yable to (" hO of Nantucket. 3) Four copies of the applicatton and a ntiaj-,) or p1ar, sh L'110 lac-aLiori of vhe property zo be (4) If HIO . -:IppliCa,IL l -)the r thar, t',' r! c, w ri e T- "as jA vou,r to miakt, thiss Vj .111- - uA !-:-ftitted to Board 'lates "I (A4 a t Bo'.Ird File,' with the Tow i CLL�rk TC)NN 04' �NA� f� i t of parties, i n into r e.�, t.. i r e o r e 1) e t i t i o n of: floldq,� �jto- & Colletti Construction, Inc. Address Post Cffice Box 337., Nantucket, MA 02554 Property Address Off Milestone Road '13/ 23-1 Open Land Fund, Inc. Hinkley Lane Nantucket, MA 02554 23.2 Joan J. Fishier and Ever,2tt R. Fisher c/n Frank Low 33 Joan DraVCI NY -1-0514 L Frank H. & Clara B. Low 2 33 Jo..)..n Drive j I Chap ?aqua , NY IG - 5 26 c :ez:tifv the forcci,�'.)' property a[? Cl C W 1'1 t "y property ,-)n an} -id cwiiers of 1-ind J300 feet of the property, :il 15 -0-f t 1985 7- f � ~ - - ' / � . . | / ' ,m, *. nn* / ./ / ./ ' ( / ^ LLGL ND _ p.,° �~"."" ```= . . . — | ` - � � .-- ' '` ` 4 WA ^' ^ ^^"^ ^` is HOT ~ ~ - x / - - `~ �/ l — `- `Ll