HomeMy WebLinkAbout030-88TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
April 1988
Re: Decision in the Application of
NANTUCKET AIRPORT COMMISSION (OWNER), and NANTUCKET ELECTRIC
COMPANY, LEASEE (030 -88)
Enclosed is a notice of the 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.
4
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cc: Building Commissioner
Planning Board
Town Clerk
k
William R. Sherman, Chairman
BOARD OF APPEALS
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
nFrTCT()NI -
At a Public Hearing of the BOARD OF APPEALS held on FRIDAY,
MARCH 25, 1988, at the Town and County Building, Nantucket, in
the matter of the Application of NANTUCKET AIRPORT COMMISSION
(Owner) , and NANTUCKET ELECTRIC COMPANY ( Lec_Se 2 ) (030 -88) , the
Board enters the following decision and makes the fol lowing findings:
1. The Applicant seeks a VARIANCE from Nantucket Zoning
By -law Section 139 -21 (Height Limitation), in connection with the
erection of proposed electric utility generating facilities with
exhaust stacks which would exceed the permitted maximum height of
30 feet by about. 10 feet. The Premises are located at OLD SOUTH
ROAD (Assessor's Parcel 78 -2), Land Court Plan 14342 -B, Lot D3
(part.), and are zoned RESIDENTIAL COMMERCIAL -2.
2. Based upon the Application, representations and testimony
at the public hearing, and our knowledge of the premises, this
Board finds that the premises are a part of the land controlled by
the Nantucket Airport Commission as part of the Nantucket Memorial
Airport. The Applicant represents its need to place two new
electric power generating facilities upon the premises, and to
relocate two exist.i.ng facilities to another portion of the premises.
The Electric Company has entered into a five -year lease with the
Airport. Commission, covering the premises. The Applicant and
Owner have also applied to the Nantucket Planning Board for special
permit relief under Section 139-9.B (4) , because the proposed project
falls under the definition of "major commercial development." under
the by -law. In addition, special permit relief is required under
Section 139.9.B(3)(e), for public utility production and
distribution facilities, and under Section 139.9.B(4) (b) the
Planning Board is the special permit granting authority for all
special permit relief in conjunction with a project which requires
a special permit for a major commercial development. However, as
the sole authority for the grant of variance relief, we are
required to act upon the requested variance from height relief,
only.
3. The Applicant has presented evidence to us to support
the finding, which we hereby make, that by reason of environmental
concerns, the height of the exhaust stacks for the proposed
facilities must be at least 40 feet.. This is necessitated by
Massachusetts Department of Environmental Quality requirements
relating to emissions from exhaust. stacks. The Applicant has
further represented that current demands for electricity on
Nantucket cannot at present be fully met by the existing downtown
facilities, and that additional pressures resulting from demand
in the peak tourist season, and from continuing development of
the Island, create a critical sitution which requires the
construction of additional generating facilities.
4. Under the circumstances of this application, we find
that owing to the shape of the proposed structures (as required
to be configured, with a height of 40 feet, by applicable
environmental requirements) , and especially affecting the premises
-2-
but not affecting generally the zoning district in which they are
located (in that this is, clearly, a unique project) , a literal
enforcement of the provisions of the by -law would involve substantial
hardship, financial or otherwise, to the Applicant (in that electric
generating facilities, necessary for the Island, could not be
constructed without. relief from the height requirement of the
by -law) , and that desirable relief may be granted without substantial
detriment to the public good and without. nullifying or substantially
derogating from the intent. or purpose of the by -law (in that the
public need for electric generating facilities cannot be met
without such relief).
5. The grant of variance relief hereunder is upon the
following conditions:
(a) The relief granted hereby is conditional upon the
grant. by the Nantucket. Planning Board, in the matter now pending
before it, of a special permit for a major commercial development
(and other required special permit re.lief), consistent with the
terms of this decision.
(b) Upon expiration of the special permit relief referred
to in paragraph (a) (which shall expire not later than five years
from its grant.), the variance relief granted hereby shall terminate.
(c) The height of the proposed stacks shall not exceed _
40 feet above mean grade �-� s !'' "� ( °'" f
i.0 (r..H. -c1 It �:�i.�(�� :✓G: ci �'� - r—f.•_ (,. c...- r J "c'.^ P 6 j cJNw
> (d) The Applicant shall comply with all applicable rules a
and regulations imposed by the Federal Aviation Administration,
the Massachusetts Aeronautical Commission, and all successor
-3-
agencies, with regard to safety requirements as to the proposed
project.
6. Accordingly, this Board GRANTS relief by VARIANCE,
permitting the Applicant to construct and relocate electric
generating facilities with exhaust stacks exceeding 30 feet in
height above mean grade, upon the conditions herein set forth, by
a UNANIMOUS VOTE.
Dated: 1988
William R. Sherman
l�
Dorothy D. /ollans
C. Marshall BeAte
/ /
liiik, =�
i
IRM, 40
-4-
APPLICATION TO THE PLANNING BOARD FOR A SPECIAL PERMIT
name of development: Nantucket Electric_(_mnany._8irnnrt renprating 4itP
owner (s)' name (s) : Town of Nantucket Nantucket Airport Cnmmission
mailing address: Nantucket Memorial Airport Nantucket, MasGachuGPttG n2554
applicant's name: Nantucket Elec. rirc Com 7
mailing address: raj rgrn In rla PnA(9- NAnt1jr-k_a_+- , Naccarh„cct�a .02r 54
engineer /surveyor's name: r,....tnrket Tnn
mailing address: 14-A orange street, T]antnnketY M 1 nccttc n -)c;
location of lots)
- -> street address: old south Road
- -> Tax Assessor's map and parcel: 7a -2 -
- -> County Registry of Deeds
(LC PL, PL BK & PG, PL FL) 14342 -B - Lot D3 (Part)
size of parcel: 4,329,864 square feet (area being developed: 136,683
zoning district: Residential - Commercial 2 sauare feet)
Special Permit sought (check one):
( ) cluster subdivision
(x ) use requiring Special
- - -> specify all uses
section
Permit
and Zoning Code sections:
description
139- 9.B(3) (E) Public Utility Production and nigtrihution Facility
) "commercial WECS
) Moorlands Management District subdivision or construction
X) Major Commercial Development
Specify all associated Zoning Code relief sought:
section description
139 -21 Waiver of height limitation (Variance ann1jratinn to =oard
of Appeals)
Only zoning relief expressly requested above will be considered as
part of this application.
Specify how the application will comply with Section 139- 9B4(h) of the
Nantucket Code, also known as the Town's Affordable Housing Effort:
Request is made that no such condition be imposed because of the impracticability of
providing housing on site and the public 9ntPrest gPryPC3 iy providinn nf rhP n,nnr--Qd
facilities.
Planning Board filing fee due:
Engineering Inspection Escrow Deposit due:
I /we hereby certify that the applicant(s) cited above have been
authorized by me /us to file a Special Permit application with the
Planning Board on property that I /we own.
owner (s,)1'4gnature (s)
-- ��i/� -- -------------- - - - - --
---- - -- - -- 63 Lkh ---------------
- --- - _ -------- - - - - --
applicant's signature:
______________ _________ __ _ -
Nantucket Electric Company by: `'x—(J -�
I /we the Y
undersigned, hereby authorize
to act as agent(s) on my /our behalf and to make any necessary
revisions on this filed application as they may be requested by the
Board to meet its governing rules and guidelines.
owner(s)' signature(s):
This application must be accompanied by the requisite
submission materials in order to be considered valid and complete
(submission requirements available at the Planning Board office). A
copy of the application shall be filed with the Town Clerk and the
Building Commissioner.
'I = N
N -1545
Nantucket
SURVEYORS
INCORPORATED
Nantucket Planning Board
Town Building Annex
4 North Water Street
Nantucket,-Mass. 02554
Attn: Mr. Brian Weise, Planner
Dear Mr. Weise:
P.O. Box 937 Nantucket, Massachusetts 02554 (617) 728-0240
3 March 1988
Re: Nantucket Electric Co. - Airport Site M.C.D.
Please find enclosed seven (7) sets of our design for Nantucket Electric
Co. - Airport Site Major Commercial Development, along with all of the
necessary filing fees and applications, as well as one copy of the Site
Development plan on an 81,11x11" reduction.
irkindly follow the brief outline of Section I of the Submission Requirements
for Major Commercial Developments, with pertinent resarsm to help guide you
through your review of this project.
1. Abutters List:
Enclosed is a Certified List of Abutters, Attested
by the Assessor, accompanied by two (2) sets of
pre - addressed mailing labels for Certified, Return
Receipt mailers.
2. Filing Fees:
(a)
Special Permits_: Using the dimensions of proposed
Structures supplied to us by Nantucket Electric Co.
and it's consultants, we have computed the gross
usage area to be 3037 S.F.,
($0.05 /S.F.) ( 3058 S.F.) =
152.90 Gross Floor Area Filing Fee
(b)
N /A: Not modifying a previously,granted Special
Permit.
Topographic N 511 Nit, M15111j, RIS6110 I WO Rk I I 111V I I M-1 V 0 551 V
Offices at 149 Orange Street
Aerial 9 Construction 9 Engineering * Geodetic e Hydrographic o Land o Marine o _
Page 2
N -1545 - Nantucket Electric Co. - Airport Site M.C.D.
3. E.naineerina Ins ection Escrow Deposit:
The computed area of all proposed asphalt and gravelled
surfaced parking areas, driveways and aisles, as shown
on Sheet 2 of 2, is 7980 S.F.
($0.10 S,.F.) (7980 S.F.) =
798.00 Engineering Inspection Escrow Deposit
4. Plan Submission Requirements for Major Cormercial Developments:
-- -- --
A. Site Inventory and Resource Analysis (Sheet 1 of 2)
1) Existing topography is•shown at one foot contour intervals,
with spot elevations, due to the general lack of slope
on -site.
2) The edge of woods, being 4" to 12" diameter pines over -
story with scrub oak understory, is shown as located. No
wetlands appear on -site.
3) The site is not subject to flooding, as shown on the
U.S. Federal Emergency Management Agency Flood Hazard
Map Np. 250230 0009C.
B. Site Development Plan Sheet 2 of 2)
1) North Point, scale, bearings, distances and lot lines
are shown.
2) Abutting streets and intersections, rights -of -way lines,
location and type of surfacing of existing travelled
way are shown.
3) Lot coverage, gross floor areas and uses of proposed
structures are shown.
4) Interior driveway and parking areas are shown and de-
lineated on Sheet 2 of 2.
5 ) N/A
6) Storm drainage, retention areas are shown on site plan.
Drainage analysis supplied with submittal also.
7) Nantucket Electric Co. does not require sanitary facilities
on -site, since generator plant is remote controlled.
8) No well is proposed at site.
P REV Nil 5610 M61"Ll M1111JI ROD MS �Mhklljj
Offices at OrorVe Street
.. _ *Topographic
Page 3
N -1545 - Nantucket Elec. Co., - Airport Site M.C.D. - Cont.
9) N/A
10) No fencing is proposed.
11) A detail of proposed lighting is supplied - locations to
be determined in field at time of construction.
12 ) N/A
13) The fuel storage facilities are shown on Sheet 2 of 2 -
along with a detail of same.
14) All electric lines are shown for proposed site (see
Sheet 2 of 2).
15) No sign is proposed at this time.
16) Fire Protection - The existing draft well in the
vicinity of Yates Gas is more than adequate fire pro-
tection for sirE. - as per recommendation of B. Watts,
(Fire Chief). See enclosed letter.
17) As much of the existing vegetation to remain as possible.
No elaborate landscaping is proposed, since site is a
very industrial area.
18) Approx. 91.9°,0 of the site will remain as "greenspace" area.
C. Detailed Drawings
1) Service /security light detail is supplied.
2) Typical cross - section of access drive is shownon Sheet
2 of 2.
3) Retention area grading shown on Sheet 2 of 2.
4) N/A
5 ) N/A
D. AMlication of M.C.D.
A complete application required for submission has been submitted.
Offices at
Aerial . .
...
Page 4
N -1545 - Nantucket Elec. Co., - Airport Site M.C.D. - Cont.
Ground Cover Calculations
Total Lot Area (3.1378 Ac.)
Gravel Drive and Parking
Asphalt Truck Pad
Pre - Packaged Units (Control room,
Generators, fuel Storage)
Greenspace
=- 136684 s.f. 10000/°
- 7480 s.f. ( 5.47%0')
500 s.f. (0.0')
3058 s.f. (2.2490')
125646 s.f. (91.9290')
(100.00%)
Parking Requirements: Nantucket Electric Company feels that 4 parking spaces
at site are sufficient.
If you have any quesitons regarding-this information, please feel free to
contact me at my office.
Respectfully Submitted,
Leo C. Asadoorian
XC Nantucket Electric Co., Mr. John Topham
Arthue Reade, Esquire
Ml 5111LIN 556LJOSIV M550 MLINNI 516V
Offices at 149 Orange Street
Aecial 9 Construction e Engineering 0 Geodetic e Hydrographic e Land e Marine 0 Topographic Survevs
Bruce L. Watts
CHIEF
NANTUCKET FIRE DEPARTMENT
Nantucket, Massachusetts 02554
FIRE ALARM DIVISION
TO: Nantucket Planning Board
FROM: Nantucket Fire Department
RE: fire safety plans
Dear Board members:
Timothy M. Soverino
SUPERINTENDENT of FIRE ALARM
•. wvlq •::
Please accept this as notification that the Fire Department
approves the fire safety provisions for the subdivision /development
named Nantucket Electric Company_
located Bunker Road. ,
Acceptance has been based
NOTE: Existing water storage
is acceptable for conditions as
exist presently.
see
on note: review of site plans
drawn by
tank _ and dated/
they
revised
- on -site
on -site
— review
inspection
testing
of equipment
This approval refers to the following components of the
safety plan:
— fire hydrants
— fire alarm boxes
_X_ other: existing holding tank.
Yours very truly,
t
Timothy 66overino
Fire Alarm Superintendent
JOB
(617) 228 -0240
Nantucket SHEET NO. ' OF 2 I
SURVEYORS P o BOX 937 CALCULATED BY L. 147n1 �OCi�.n• DATE JI � `135
INCORPORATED
Nantucket, Massachusetts 02554 CHECKED BY
DATE_
SCALE ✓ �`� �Al.YSI �i
pWW W1 �:c. 6EYm, Om 01171.
JOB
Nantucket (617) 228 -0240
SHEET NO. OF
SURVEYORS P o BOX 937 CALCULATED BY �`�► DATE
INCORPORATED Nantucket, Massachusetts 02554 CHECKED
�yBy"YY, DATE_
SCALE.YI41 � (6n/-J
Prawn" mm 0101.
N 0 T I C E
A Public Hearing of the BOARD OF APPEALS will be held
on Friday, march 25, 1988, at 1.30 P.M., in the TOWN and COUN'
BUILDING, FEDERAL and BROAD STREETS,
NANTUCKET, on tre
d TLCK�=
application of NANTUCKET AIRPORT COMMISSION, owner, an Nh:� ' ^
(0'0�l a VARIANCE from Zonin,.
ELECTRIC COMPANY,
Applicant � seeking
By -Law Section 139 -21 (Height Limitation)
to enable the
tion of electric utility generating
facilities w
construc it
exhaust stacks which will exceed the permitted height of
3G
feet by about 10 feet. The Premises are located at OLD SOUTH
ROAD (Assessor's Parcel 78-2) , Land Court Plan 14342, Lot D3
(part) and are zoned RESIDENTIAL- COMMERCIAL -2.
Andrew J. Leddy, Acting Chair„"an
BOARD OF APPEALS
AUTHUI3 L HE, ADE, JR.
SARAH E ALGEH
KENNETH A. GULLIGKSEN
R.EADE & ALGE13
YHOFISSIONAL GORYORATION
FOUR YOUNG'S WAY
NANTUGIiET, MASSACHUSETTS 02554
(617) 228 -3126
March 4, 1988
Andrew J. Leddy, Jr., Acting Chairman
Nantucket Board of Appeals
Town and County Building
Federal and Broad Streets
Nantucket, Massachusetts 02554
MAILING ADDRESS
POST OFFICE DOX 2669
NANTUCKET, MASS. 02584
Dear Andrew:
We enclose herewith for filing the application of Nantucket
Elect.ri.c Company and Nantucket Airport Commission for relief
to permit construction of electric generating facilities upon
a site at the Nantucket Memorial Airport.
This application involves a simultaneous application
i
to the Planning Board for a Sp r
Variance Permit relief under thee relief
Major Commercial Development j urisdiction. Varic
is required to be secured from the Board of Appeals.
Bill Sherman attended a preliminary meeting with Town
planning officials, a which it was as agreed that the Planning
for March 2
Board hearing would be scheduled
t his instance for
1988. It was
also agreed that it would be appropriate in t
there to be a joint hearing of the Board of Appeals and Planning
Board to consider this matter.
Accordingly, I should like to request that this mattmeeting
be scheduled for hearing by the Board of Appeals at. your
then be immediately continued
March 25, 1988, and that. the hearing Board for their regular
for a joint hearing with the Planning
meeting on March 28.
Obviously this is subject to approval by your Board and
by the Planning Board, and I request that appropriate arrangements
be undertaken in that regard.
Thank you for your courtesy and cooperation in this matter.
Sincerely,
/Arthur I. Re de, Jr.
AIR /ejw
Enclosures
HEADE & ALGER
11I40FLSSIONAL CORPORATION
Andrew J. Leddy, Jr., Acting Chairman
March 4, 1988
Page Two
cc: Nantucket Planning Board
Nantucket Electric Company
Nantucket Airport Commission
Nantucket Surveyors, Inc.
C
I,
BOA Form 1 -87
APPLICATION`-
NANTUCKET 'ZONING BOARD Or APPEALS ( "BOA ")
Owner's name(s): Town of Nantucket. Nantucket Airport Commission
No.
Mailing address: Nantucket Memorial Airport, Nantucket Ma c
Applicant's name Nantucket Electric Company
Mailing address: fairgrounds Road, Nantucketr Massachusetts 02554
Location of lot(s): Assessor's map and parcel: 78 -2
Street address Old South Road
Registry LC PL, , 14342 -B Lot D3 (Part) Deed ref. Cert. 2511
Subdivision Endorsed _ /_ /_ ANR?
Date lot(s) acquired: — /_/ 1941 Zoning district Residential- Commercial -2
Number of dwelling units on lot(s): None Rental guest rooms None
Commercial use on lot(s): Electric generating facility MCD? Yes
Building date(s): all pre -'72 zoning? No or
Building permit application-Nos. and dates None C of 0?
Case No(s). or dates all prior BOA applications:
State fully all zoning relief sought together with all respective Code sections
and subsections, specifically, what you propose compared with present and
what grounds you urge, for BOA to make each finding per Section 139 -32A if
Variance, -30A if Special Permit, -33A if to alter or extend non - conforming
use, or to reverse Building Inspector by;Appeal per -31A & B:
Applicant requests relief by Variance from the height- limitation of 30 feet under
Zoning By-Law Section 139 -21 to permit construction of electric utility generating
facilities with exhaust stacks reachinq an approximate height of 40 feet above mean
grade. This application is ancillary to a Ma'or. Commercial Development Special Permit
ADDlicationfiled with the Nantucket Planning Board.
Enclosures forming part of this Application: Supplement bo above
Site /jilot plan(s) with present /proposed structures
Locus map floor plans present /proposed Appeal.record'
Needed: areas frontage setbacks GCR% parking data
Assessor's certified addressee list (4 sets):-'OX Mailing -labels) (2:11s�ts)_X
Fee check for $150.00 payable to Town of Nantucket "Cap" covenant
I certify that the requested information submitted is substantially complete
and truo to the best of my knowledge, under pains•and penalties'of perjury.
Signature: Applicant Attorney /agent
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