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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.