HomeMy WebLinkAbout071-90oP-71 -70
TOWN OF NANTUCKET
BOARD OF APPEALS .
NANTUCKET, MASSACHUSETTS 02554
Date: 3' r 19 90
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
Owner /A,pplicant:
071 -90
NEW ENGLAND TELEPHONE COMPANY
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
An Appeal from this Decision may be taken pursuant to
Section 17 of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by
filing an complaint in court within TWENTY (20) days after
this day's date. Notice of the action with a copy of the
complaint and certified copy of the Decision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
_/V�cz
Linda F. Williams, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
I
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a public hearing on Friday, October
19, 1990, at 1:00 p.m. at the Town and County Building,
Nantucket, made the following decision on the application of NEW
ENGLAND TELEPHONE COMPANY (071 -90) with an address of 185
Franklin Street, Boston, Massachusetts 02107.
1. Applicant seeks a SPECIAL PERMIT under Section 139 -33A
of the Zoning Code to upgrade and alter the commercial microwave
transmission tower and control building on the premises in
accordance with the plans prepared for New England Telephone
Company by Shevalier Associates Architects entitled "Microwave
Tower Modifications" and dated October 18, 1990. The Premises
are located at 14 EEL POINT ROAD, ASSESSOR'S PARCEL 40 -64, Plat:
Book 16, Page 46 at the Nantucket Registry of Deeds and zoned
LIMITED USE GENERAL -2.
2. Our findings are based upon the Application papers,
correspondence, plans, representations and testimony received at
our hearing on October 19, 1990. The commercial use of the
premises is a pre- existing, non - conforming commercial use
because the Applicant's microwave tower and control building
were constructed and used on the premises from a time prior to
the effective date of the Zoning By -Law to date. The premises
include approximately 11.7 acres and comply with the intensity
Page One
requirements of the current zoning code. The applicant proposes
to install two (2) new ten (10) foot microwave dishes on the
tower, remove a microwave dish from the existing control
building, and construct a new 16' by 20' control building
adjacent to the existing metal building on the premises in
accordance with the submitted plans. The upgrading of the
microwave tower proposed by the Applicant will improve
significantly emergency and long distance telephone service on
Nantucket.
3. We find that the Applicant's proposed upgrading and
alteration of the existing microwave facility on the premises
will be in harmony with the intent and purpose of the By -Law and
will not be substantially more detrimental to the neighborhood
than the existing commercial use of the premises. Specifically,
we find that the proposed upgrade of the microwave facility will
promote the welfare and safety of persons on Nantucket by
providing better and more reliable telephone service.
4. For the reasons set forth herein, the BOARD, by
unanimous vote, hereby GRANTS the requested SPECIAL PERMIT so as
to allow the upgrading and alteration of the Applicant's
microwave facility on the premises upon the following express
conditions:
A. The proposed microwave facility shall be constructed in
conformity with the submitted plans and with all necessary
Page Two
local, state and federal permits;
B. The Applicant shall keep intact and shall not disturb
the natural vegetative screening existing between the proposed
project site and Eel Point Road, Madaket Road and Primrose Lane
as shown on the submitted plans;
C. The proposed additional frequency capacity of the
upgraded microwave facility will not increase significantly
health hazards for the people of Nantucket.
Dated: October 3(_, 1990
Nantucket, MA
Page Three
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, OCTOBER 19, 1990 at 1:00 P.M. in the TOWN AND COUNTY
BUILDING, Federal and Broad Streets, Nantucket, on the
Application of:
NEW ENGLAND TELEPHONE COMPANY
Board of Appeals File No.: 071 -90
Applicant seeks a SPECIAL PERMIT under SECTION 139 -33A of the
Zoning By -Law for the alteration or expansion of a pre- existing
non - conforming commercial use or structure in a residential zone.
The Applicant proposes to remove an existing reflector on the
microwave tower and to install two (2) ten foot microwave dishes
on said tower. In addition, Applicant seeks to construct a 16
foot by 20 foot control building adjacent to the existing metal
building at the base of the tower to house new control equipment.
The purpose of the proposed changes is to provide better
telephone service with a reduction of weather related
interference.
The premises are located at 14 EEL POINT ROAD, Assessor's Map 40,
Parcel 64, as shown in Plan Book 16, Page 45, and are zoned
LIMITED USE GENERAL -2.
r
Linda F. Williams, Chairman
BOARD OF APPEALS
BoA Form 1 -89
Owner's name (s)
Mailing address:
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date
NANTUCKET, MA 02554
CASE No.n-
APPLICATION FOR RELIEF
New England Telephone Company
185 Franklin Street, Boston, Massachusetts 02107
Applicant's name: same
Mailing address: same
Location of lot: Assessor's map and parcel number 40 - 64
Street address: 14 Eel Point Road
Registry Land Ct Plan, Plan Bk & Pg dWJUMMWXrM 16/46 Lot
Date lot acquired: 11 7/L964 Deed Ref 127,157 Zoning district LUG -2 ,
Uses on lot - commercial: None _ or MCD? No
- number of: dwellings_ duplex_ apartments_ rental rooms_
Building date(s): all pre -8/72? yes or C of 0 ?_
Building Permit appl'n. Nos.
Case Nos. all BoA applications, lawsuits:
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
13 -32A if Variance, 139 -30A if a Special Permit (and 139 -33A
Vif to alter or extend a nonconforming use). If appeal per 139 -31A
& B _ attach decision or order appealed. OK to attach addendum2.
The applicant seeks a Special Permit pursuant to Section 139 -33(a) of the
Zoning By -Law permitting the alteration and expansion of a pre- existing,
non - conforming commercial use and structure on the Premises. See Addendum A f
annexed hereto. ,
Items enclosed as part of this Application: orderl addendum2 x
Locus map x Site plan_ showing present X +planned X "structures
Floor plans present_ proposed_ elevations _ (HDC approved ?_)
Listings lot area frontage setbacks GCR parking data
Assessor- certifie —aaddressee Iist 4 sets C ma ling labels 2 sets_
200 fee payable to Town of Nantucket x proof 'cap' covenant
(If an appeal, ask Town Clerk to send Bldg Comr s record to BoA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties of perjury.
NEW ENGLAND TELEPH CO
SIGNATURE: By its Attorney, t. 3)k4�� Attorney/ nit X
Kevin F. Dale, Es uire ,
3(If not owner or owne 's at orney, enclose proof of authority)
FOR BoA OFFICE USE
Application copies recd: 4_ for (Bo)A on. ��by
One copy filed with Town Clerk on �LV by ��� complete
One copy each to Planning Bd and Building Dept,/ by�
$200 fee check given Town Treasurer on yd ���� aived?
Hearing notice posted4J* mailed /�
Hearings) on__/__/_ cont'd to--/_fT_, ��_ withdrawn ?_f__,/_
Decision due by__/__/_ made _j___/_ filed TC _/_/_ mailed__J__/_
See related cases lawsuits other
ADDENDUM A
The applicant, New England Telephone Company, owns the
premises situated at 14 Eel Point Road, Nantucket, Massachusetts
02554. The premises are situated in the Limited Use General -2
zoning district and contain approximately 11.7 acres. Prior to
the effective date of the Zoning By -Law, the applicant erected a
microwave tower and small control building on the property.
The applicant seeks a Special Permit pursuant to Section
139 -33A of the Zoning By -Law to permit the alteration and
expansion of the commercial use and structure on the lot.
Specifically, the applicant seeks to remove an existing
reflector on the microwave tower and to install two ten -foot
microwave dishes on said tower. In addition, the applicant
seeks to construct a 16' by 20' control building adjacent to the
existing metal building at the base of the tower as shown on the
attached plan. The proposed enlargement of the building will
allow the telephone company to house new control equipment in
said building.
By upgrading the microwave tower and the building, the
Telephone Company will provide better telephone service to the
residents of Nantucket. Specifically, the existing microwave
tower does not function properly; the proposed upgrading of the
tower and control building will eliminate weather related
interference that now affects telephone calls. The proposed
alteration and expansion of this pre - existing, non - conforming
commercial use will not be substantially more detrimental to the
neighborhood than the existing use and the applicant requests
that the Board issue a Special Permit to allow the project to go
forward.