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NANTUCKET ZONING BOARD OF APPEALS 5 -89
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
May /V
To: Parties in interest and others
concerned with the decision of the
19.90
Board of Appeals in Application 971 -
of: Nantucket Fire Department, for itselT and the Town of Nantucket, Owner
EXTENSION
Enclosed is the decision of the Boated or Appeals which has
this day been filed with the Nantucket Town Clerk. This
decision [provides a clarificati or -arc' not a no�!-; fi cation
- or - authorizes a Temporary Pe: ^. .;�',:,_ ;:ling Bylaw
Section 139 -26H].
cc: Town Clerk
Planning Board
Building Commissioner
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
Nantucket, Mass. 025-'
At a public meeting on Friday, May 4, j90, at 1:00 P.M. in
the Town and County Building, Nantucket, on the Application (071-
89 ) of the NANTUCKET FIRE DEPARTMEN_' , {=or _ elf a:. '6.-he jWN OF
NANTUCKET, owner, having an address at 131 Pleasant Street,
Nantucket, Massachusetts, the Nantucket Zoning Board of Appeals
made the following DECISION:
1. Applicant seeks a six month extension of the Temporary
Permit granted by this Board pursuant to the provisions of
Section 139 -26H of the Zoning By -La-:.
2. The permit was originally granted on November 14, 1989, as
appears in the file, with the deadline Ion renewal being May 14,
1990.
3. After a review of the file and the presentation of testimony
by the Applicant that this renewal is necessary because no
permanent location for the storage _ I _ __ y found
and the desire of the Applicant to have the container remain
where it is during the summer season in order to permit abutters
to have an opportunity to view the present situation and comment
before final action is taken to secure a permanent storage site,
the requested relief was GRANTED w' the ca%eat tc the Applicant
that it would have to secure a satisfactory permanent solution to
the storage needs of the departme ^'-- -�s l::_ authcrit1 cf the Board
to allow this Temporary Permit was strictly limited.
William R. Sherman
_
I�`avia J .. /.Legg
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
Map 42 -3 -2 33B Washington Street
Parcel 26
At a Public Meeting of the Zoning Board of Appeals held in
the Town and County Building, Broad Street, Nantucket,
Massachusetts, at 1:00 P.M., Friday, November 15, 1991, on the
Application (071 -89) of the NANTUCKET FIRE DEPARTMENT, for
itself, and she TOWN 01' NANTUCKET, owner, having an address of
131 Pleasant Street, Nantucket, Mass. 02554, the Zoning Board of
Appeals made the following DECISION:
1. Applicant is seeking a one (1) year extension of the
Temporary Permit granted by this Board pursuant to the provisions
Of §139 -26H of the Zoning Bylaw.
2. The Permit was originally granted for six (6) months on
November 14, 1989, was extended for six (6) months, as provided
in the original Permit, on May 18, 1990, was extended for one (1)
year on November 16, 1990, to expire, if not further extended
, 1 9
, on
November 1691.
3. The original Permit allowed for extension of the Permit by
annual renewal for a total period of time " ..not to exceed 3
years from November 14, 1989, when all foam storage shall be
completely removed without cost to the Town." Decision, at
paragraph 8.
4. After review of the file and the presentation of testimony
by the Applicant that renewal is necessary because no permanent
location for the storage facility has yet been found and the
desire of the Applicant to have the container remain in its
present location for reasons of public safety, and with the clear
understanding by the Applicant that no further extensions are
permissible, the Board, by unanimous vote GRANTS an extension of
the Permit granted by the Board in Applica�lon 071 -89 to November
14, 1992.
Date: November 15,_1991
l
I�J2 /,I>, �
Form 5 -89
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
November 14, 1989
To: Parties interested in or
concerned with the decision of the
Board of Appeals in Application No. Da -89
of: NANTUCKET FIRE DEPARTMENT (TOWN OF NANTUCKET)
Enclosed is the decision of the Board of Appeals which has
this day been made and then filed with the Nantucket Town
Clerk. This decision authorizes a Temporary Permit under
zoning Bylaw Section 139 -26H.
William R. Sherman, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
,;&( A) / 1�0 / � ^ e�' - /` '/ -a '
W 01 —) Y7 c�,� — 45�� - Z�
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MA 02554
At a public meeting on Tuesday, November 14, 1989,
at 4:00 p.m. in the Town and County Building, Nantucket,
the Application (071-89) of the NANTUCKET FIRE DEPARTMENT,
for itself and the TOWN OF NANTUCKET, owner,
having an address at 131 Pleasant Street, Nantucket, MA
02554, was taken up informally, and the Nantucket zoning
Board of Appeals made the following DECISION:
1. Applicant seeks a Temporary Permit pursuant to Section
139 -26H of the zoning Bylaw for storage of up to 400
5- gallon plastic cans of AFFF fire - fighting foam. Fire
safety requires that such storage be off the site of a
potential fire and that heated storage be provided to
prevent foam freeze -up. The foam must be quickly
accessible for pick up and transport by fire - fighting
equipment, otherwise protected in secure storage.
2. The foam is now on hand. With freezing weather
imminent, the matter is urgent. We are told by the Fire
Chief that the foam and its storage are the responsibility
of the two firms holding Town licenses for respective
petroleum - product tank farms located off Washington
Street. After an intensive search, the only suitable
storage site found to be available is the Town Pier
parking lot. It is located just off Washington Street to
the south of the tank farms but beyond the 200' buffer
zone required for the foam storage to be still accessible
in case of fire.
3. More specifically, the Town parking lot site is at 33B
Washington Street, Assessor's Parcel 42.3.2 -026, has an
area of 1.8 acres and is in the Residential - Commercial
zoning district. A plan of the relevant portion of the
property accompanied Applicant's letter of November 14,
1989, requesting the Temporary Permit.
4. According to Applicant's letter of November 14th, the
container for secure storage of the foam cans is
characterized as a "trailer ". But trailer use for storage
purposes (with an exception not applicable absent on -site
construction) is barred by Section 139 -20C and D. The
State Zoning Act, c. 40A M.G.L. Section 10, restricts this
Board from granting "use variances" unless specifically
provided for in the local zoning bylaw. Our Bylaw formerly
had a broad provision for use variances, but that was
eliminated by Town Meeting amendment of the Bylaw.
5. However, the Section 139 -26H provision for a Temporary
File No. 011 -89
Permit for nonconforming uses (and structures) was not
affected. We are not asked to decide whether a Temporary
Permit for a nonconforming use in effect constitutes a use
variance so that statutory notice of hearing is required.
The provision for Temporary Permits is presumptively valid
without any express requirement of notice, having had the
approval of the State Attorney General at the time of its
adoption.
6. Because of the imperatives of fire safety, particularly
the upgrading of safety measures to ensure against a major
fire and explosions impacting the Town's core district
around the tank farms, we find that the requested
Temporary Permit is for a nonconforming use "necessary to
promote the proper development of the community ". Urgency
bars our simply leaving Applicant to pursue relief through
zoning amendment at Town Meeting - or other time - consuming
process. We are advised that Applicant's proposal for foam
storage has the approval of the Board of Selectmen.
7. The Town parking lot location seems appropriate,
particularly as we understand that Applicant can make
emergency use of the foam if needed for fighting a fire in
the Town Pier area directly across Washington Street or in
the area of the airport fuel off - loading facility just to
the south off Washington Street. A location of the trailer
is shown on the submitted plan in a corner of the parking
lot behind the former laundromat. Our grant of the permit
is not restricted to that specific place, but any
alternative site in the parking lot must be at least
equally inconspicuous, inoffensive to neighbors, out of
the way of parking lot users, secure against vandalism
without night -time lighting, heatable, and accessible to
fire equipment for pick up.
8. We further limit our authorization of a Temporary
Permit to a first period of 6 months, to expire on May 14,
1990. Prior to that date, Applicant may request an
extension for the second 6 months of the first year, with
annual renewals thereafter for a total not to exceed 3
years from November 14, 1989, when all foam storage shall
be completely removed without cost to the Town. The
request for six -month extension should reach us in writing
by April 20, 1989 to allow time for our publishing notice
by newspaper so that neighbors may be alerted to express
any concerns for the 1990 summer season.
9. Having found the requested relief necessary in the
sense set forth in Section 139 -26H, this Board by
unanimous vote hereby authorizes issuance of a Temporary
Permit to Applicant for the requested nonconforming foam
storage, as described above and subject to the
above - stated limitations.
- 2 -
File No. 011-89
Dated November 14, 1989
r
MndW V Mliams
rt Jf-,- Lei chter
- 3 -
William R.
Sherm
n
Michael
'Mara
- 3 -
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
November 16, 1990
To: Parties in interest and others
concerned with the Decision of the
Board of Appeals in Application No.: 071 -89
Of: The Nantucket Fire Department, for itself and The Town of
Nantucket, Owner
ONE YEAR EXTENSION OF TEMPORARY PERMIT
Enclosed is the Decision of the Board of Appeals which has
this day been filed with the Nantucket Town Clerk. This
Decision
y -or- --authorizes a Temporary Permit under Zoning By -Law
Section 139 -26H).
cc: Town Clerk
Planning Board
Building Commissioner
Linda F. Williams, Chairman
16-%
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
At a Public Hearing of the BOARD OF APPEALS, held on
FRIDAY, NOVEMBER 16, 1990 at 1:00 P.M. in the Town and
County Building, Nantucket, on the Application (071 -89) of
the NANTUCKET FIRE DEPARTMENT, for itself and the TOWN OF
NANTUCKET, owner, having an address at 131 Pleasant Street,
Nantucket, MA 02554, the Board made the following Decision:
1. Applicant seeks a one year extension of the Temporary
Permit granted by this Board pursuant to the provisions of
Section 139 -26H of the Zoning By -Law, on November 14, 1990
for a period of six (6) months, expiring May 14, 1990.
2. A further six (6) months extension was granted May 4,
1990, with the date of expiration being six months from the
date of filing, November 18, 1990. Annual renewals are
permitted for a period up to but not to exceed three (3)
years from November 14, 19gfl, when all foam storage shall be
completely removed without cost to the Town.
3. After a review of the file and the presentation of
testimony by the Applicant, that this renewal is necessary
because no permanent location for the storage facility has
yet been found and the desire of the Applicant to have the
container remain where it is during the summer season in
order to permit abutters to have an opportunity to view the
present situation and comment before final action is taken
to secure a permanent storage site, the requested relief was
GRANTED with the caveat to the Applicant that it would have
to secure a satisfactory permanent solution to the storage
needs of the department as the authority of the Board to
allow this Temporary Permit was strictly limited.
Dated: November 61 1990
Linda F. Wil]/i )ains
obert J,.Zelichter
William R. Sherman
ti
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
October 23, 1991
Joanne Holdgate
Town Clerk
Town and County Building
Nantucket, MA 02554
Dear Joanne;
Upon recent review of Board of Appeals File No.
071 -89, Nantucket Fire Department, for Itself and the Town
of Nantucket, Owner, I have found that there was a clerical
error in the Decision filed on November 16, 1990. It should
read as corrected on the attached signature page. In
summary:
The original permit was filed on November 14, 1989
and was to last six (6) months to May 14, 1990.
The second extension was filed May 18, 1990 for six (6)
months, to expire on November 18, 1990.
The third extension, in which Decision there are
errors as to specific dates, was filed on November 16, 1990
and was to expire one year from that date, November 16, 1991.
This letter should serve to clarify the dates on the
Temporary Permit 071 -89. Thank you.
cc: Nantucket Electric Company
Nantucket Fire Department
Harbor Fuel Oil Corporation
Planning Board
Building Department
Sincerely
Linda F. Williams
Secretary /Vice- Chairman
Board of Appeals
w
.�����,
;;
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
lublic Hearing of the BOARD OF APPEALS, held on
FRIDAY, NOVEMBER 16, 1990 at 1:00 P.M. in the .Town and
County Building, Nantucket, on the Application (071 -89) of
the NANTUCKET FIRE DEPARTMENT, for itself and the TOWN OF
NANTUCKET; owner, having an address at 131 Pleasant Street,
Nantucket, MA 02554, the Board made the following Decision:
1. Applicant seeks a one year extension of the Temporary
Permit granted by this Board pursuant to the provisions of
Section 139 -26H of the Zoning By -Law, on November 14, 1999
for a period of six (6) months, expiring May 14, 1990.
2. A further six (6) months extension was granted May 4,
1990, with the date of expiration being six months from the
date of filing, November 18, 1990. Annual renewals are
permitted for a period up to but not to exceed three (3)
years from November 14, 19 ,J8, when all foam storage shall be
completely removed without cost to the Town.
3. After a review of the file and the presentation of
testimony by the Applicant, that this renewal is necessary
because no permanent location for the storage facility the
yet been found and the desire of the Applicant to have
container remain where it is during the summer season in
order to permit abutters to have an opportunity to view the
present situation and comment before final action is taken
to secure a permanent storage site, the requested edwrelief was
GRANTED with the caveat to the Applicant
to secure a satisfactory permanent solution to the storage
needs of the department as the authority of the Board to
allow this Temporary Permit was strictly limited.
Datgd: November �CQ, 1990
Lida F. Wit
obert J,.---fe\ichter
`J
William R. Sherman
is
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
November 16, 1990
To: Parties in interest and others
concerned with the'Decision of the
Board of Appeals in Application No.: 071 -89
Of: The Nantucket Fire Department, for itself and The Town of
Nantucket, Owner
ONE YEAR EXTENSION OF TEMPORARY PERMIT
Enclosed is the Decision of the Board of Appeals which has
this day been filed with the Nantucket Town Clerk. This
Decision
---ar— authorizes a Temporary Permit under Zoning By -Law
Section 139 -26H).
cc: Town Clerk
Planning Board
Building Commissioner
Linda F. Williams, Chairman
' o�aPt%7UC/rE;1 TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
At a Public Hearing of the BOARD OF APPEALS, held on
S FRIDAY, NOVEMBER 16, 1990.at 1:00 P.M. in the.Town and
Application
(071 -89) of
...1.'.
County Building, Nantucket, on the pp
the NANTUCKET FIRE DEPARTMENT, for itself and the TOWN OF
NANTUCKET: owner, having an address at 131 Pleasant Street,
made t,ie following Decision:
Nantucket, MA 02554, the Board
_.
1, Applicant seeks a one year extension of the Temporary of
Permit granted by this Board pursuant on November114, 1990
Section 139 -26H of the Zoning By-Law, May 14, 1990.
for a period of six (6) months, exp
2. A further six (6) months extension-was granted May 4,
1990, with the date of expiration being six months from the
date of filing, November 18, 1990. Annual renewals are
permitted for a period up to but not to exceed three (3)
years from November 14, 19Q1j, when all foam storage shall be
completely removed without cost to the Town.
3. After a review of the file and the presentation of
testimony by the Applicant, that this renewal is necessary
because no permanent location for the storage facility the
yet been found and the desire of during the
container season in
container remain where it . during opportunity to view the
order to permit abutters to have an opp
present situation and comment before tfinrequested relief
ewas ction is
to secure a permanent storage site,
GRANTED with the caveat to the Applicant that it would have
to secure a satisfactory permanent solution of thetBoardotoge
needs of the department as the authority
allow this Temporary Permit was strictly limited.
Dat d: November `�Q , 1990
Li da F. Wil i s William R. Sherman
obert J e'chter