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HomeMy WebLinkAbout028-86TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April 7, 1986 ft Re: MR. AND MRS. RALPH MARBLE (028 -86) 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. William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, APRIL 4, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of MR. AND MRS. RALPH MARBLE (028 -86) address. Somerset Road, Nantucket, MA 02554, the Board enters the following Deci- sion and makes the following findings: 1. Applicants seek a SPECIAL PERMIT under SECITON 139 -33A to ex- tend ox alter a pre- existing, non - conforming private airstrip use. In the alternative, Applicants appeal under section 139 -31 from the Building Inspector's order of 2/3/86 that they cease such airstrip use. Their premises are located on SOMERSET ROAD, MIACOMET, Assessor's Parcel 66, Lot 69 and zoned RESIDENTIAL - COMMERCIAL -2. 2. Based upon the Application papers, map, correspondence, peti- tions, testimony and representations, we find that Applicants have had a private airstrip use since prior to mid -1972 zoning. Such use was on their lot on the opposite side of Somerset Road, with landing strip marked in blue on the Town map- overlay in our file. Applicants represent that they owned in common that lot and the 42 acre lot (the premises) to which they moved their airstrip use a few years ago, after Zoning was in affect. They claim the two contiguous lots should be treated as one for zoning purposes whether or not Somerset Road is a proprietor's road or taken by the county. Two new runways, marked in yellow, replace the prior single runway, on generally north -south and east -west vectors. 3. If, and only if, Applicants are entitled legally to treat their present extended use as a continuation of a pre- existing, non - conforming use are we able to give approval to a private airstrip use. The zoning chap- ter permits municipal airports (Section 139- 7A(6)) but not personal or private airstrips anywhere: we have no power to grant use variances. No one, (028 -86) -2- however, challenged their legal position based upon contiguity across Somerset Road, at our hearing. If successfully challenged. at any time, the Special Permit we grant here can be nullified. 4. Argument was heard whether Applicants' alteration (i.e., relo- cation) and extension (i.e., added runway) are or are not substantially more detrimental to the neighborhood. Whether so or not at the time of relocation, Applicants' delay until now in requesting a Special Permit leaves us to consider the present impact. In favor of Applicants continued use of the "Somerset Airport" are many petitioners, including "immediate neighbors ", one of whom wrote as possibly the closest abutter that the very limited use is not a bother or nuisance and that Applicants would give satisfaction if faced with a specific complaint. The Planning Board" recommended favorable action barring commercial (and presumably public) use. All Airport operations are subject to FAA regulations. Applicants cannot resume use without filing a "Notice of Landing Area Proposal" and conforming with any further FAA or Massachusetts Aeronautics Commission requirement. 5. Opposed were two abutters writing about some aircraft at tree- top level, noise and risks to neighborhood safety. Applicants undertook to reroute flight paths over open land and ocean to minimize the problem. We would not condition relief on such rerouting, mindful of an undue en- forcement burden on the zoning officer (who expressed deep concern for safety as the residential use builds in the neighborhood). If this were not a grandfathered use, the prohibitions of Section 139 -20 as to danger- ous and noisy uses would need fullest consideration. 6. Better to ensure that the altered and extended use will not prove substantially more detrimental to the neighborhood, we condition relief on Applicants: a. First meeting FAA and MAC requirements to reopen the air- strip or airport b. Restricting use to VFR, daylight hours, Versonal or private but not public or commercial (028 -86) -3- c. No teaching or student trainee use d. No reduction in the present airport size without prior modification of this Special Permit. 7. In view of condition 6.a and absent a copy in our record of the Building Inspector's order of 2/3/86, we deny the appeal with leave to reopen this appeal if need be, when these are cured, if done without delay. 8. Accordingly, this Board by UNANIMOUS vote GRANTS to Applicants the SPECIAL PERMIT to continue the altered and extended airport use, sub- ject to the noted conditions. Dated: April 7, 1986 Nantucket, MA 02554 William R. Sherman 4-xe* V Dorothy D. Vollans Linda F. Williams 3� NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, APRIL 4, 1986 at 1Z =00 p.m. in the TOWN AND COUNTY BUILDING FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of MR. AND MRS. RALPH MARBLE (028 -86) seeking a SPECIAL PERMIT under Zoning By -Law SECTION 139 -33A to alter a prior, non - conforming air strip use (see also 5139- 7A�6)) and, in the alternative, appealing from the Building Inspector's order of 2/3/86 to cease his air strip use. The premises are located in MIACOMET, ASSESSOR'S PARCEL 66 -699 and zoned RESIDENTIAL- COMMERCIAL -2. rm-", /Chairman Jr., BOARD OF APPEALS T AB -1 FEE $100.00 Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusett; To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of (7t) ;_fir;;; BY -T,AW) (BU' LDINC canr> on property do- scribed below: rec tion of property. C Plan No. LS LO No. DJ.:,':rict is zoned for. 'ryh4 of structure (Existing or Proposed) or proposed use: G2- J =._ (^►►7 __ Name_�1�,1 -� C�r_,� jDk1�� Owacr' s Address__- ScRwv.e 5(f 1ZnG. � Jh ,n did you acquire this property? C C Has application been filed at Building Department? Has any previous appeal been made ?_ Section of By-Law or Code from which relief is requested: 0 1\e� r7 CIA fc� Le t,� A 0 Reason for asking relief :_L Ire `' s r 1 ►�e e _ _'1 They- GtiLtV�l r ecl,� ►,S t.�h cU.�- vS�' � S ••g t e ppl nt ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the T3,an of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION ' Application submitted to Board .- Advertising dates tlearing date (s) Decision of Board _ Decision filed with the Town Clerk - -- �ec o�- v�c�NS I 1 T>1sre,TV r t Y cr Ov vTv e . TOWN OF NANTUCKET .BOARD OP Y.: of [far "C.1es In J.nterest in the r. Fitter ol- the :t :1 - < :•tame— __ tph- imp r' -ii,p -- -- - - -- _ Property Address_ I certify the foregoing is a list of persons whO rare abutting the property, owners of land abutting thc- abutter::, of lard directly opposite the property on any street or owners of land within. 300 feet of the property, all as they on the most recent applicable TAX list. tnv) / - - - - - -- - Date �L Assessor Town of Nantucket 1 1 `I 4 ?nn a i P 0 1 1 turn, LCF -U?. Inf 10-64 - 936907 � 2 W �N N O m 0 AK PLIN OF LPSJD IN ITUdITUCKET Josiah S. Barrett, Surveyor June 16, 1958 June 221 1967 N70o10'3?°W 94.01 , (Pu1O..• -- NOTE• ■ = C.S. 28933& Sheet i 06 p51 E a00 o46p2 E - N ss� _ is b N M m �SgyOO)3d E t Na? °0441 "W 1-0 - Locus comprises lots 1-3 incl. Copy ofpan` of plan f)kd in — LAND REG ISTRAT ION OFF /CE FEB. /6, 1959 Scale of this plan 400 fed to an inch C. M. Anderson, £nghmer for Court lee 53- 599&/0 �j K b Z • O y U b 4 R I- I tl% I I 0 ci Lo 912 lye � /� �� \ � \ \�� \ �� �� \ MA? 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