HomeMy WebLinkAbout007-91oo-7 -
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: February 21 , 19 91
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No..
007 -91
Owner /Applicant: JANE T. LAMB, .owner
contract purchaser
and CHARLES WINSTON
Enclosed is the Decision of the BOARD OF APPEALS i•:hich has
this day been filed in the office of the Nantucket Town
Clerk.
un !-.)-eal f om this Decision may be taken pursuant to
Section 17 of Chapter G0A, ?t acc --chusetts General Laws.
vn =_ pealing she Decision must be o''c �c ?� bi•
l-vl •' -7aYs - -..e_
i
411n ... is �t.at:�• -- __ __. �.%t... ,. n.. .. __- _
this day I s date. ,N otice of the- action w ith a c ;r o= _the
complaint and certified copy of the Decision :lust oe given
to ; 1 Vii l ler.. SO aS �o
( 21 0) aay'S .
William R. Sherman, Vice chalrman
cc: Town Clerk;
Planning Board
Building Commissioner
ZONING BOARD OF APPEALS
South Beach Street
Nantucket, Mass. 02554
Map 12 105 Wauwinet Road
Parcels 40.1 R -1
At a Public Hearing of the Board of Appeals held on February
15, 1991, at 1:00 P.M., in the Town and County Building,
Nantucket, Massachusetts, on the Application (No. 007 -91) of Jane
T. Lamb, owner, and Charles Winston, contract purchaser, of 36
Wauwinet Road, Nantucket, Massachusetts 02554, the Board made the
following DECISION:
1. Applicants are seeking relief by Special Permit under
Section 139 -7D(6) of the Zoning Bylaw, to permit construction of
a building for a non - profit organization, or Section 139 -8B(2) of
the Zoning Bylaw, to permit construction of a neighborhood
service establishment, to permit construction of a building of
not more than 300 S.F. to house water tanks and two water pumps
to provide potable water to certain residential lots in Wauwinet.
2. Our decision is based upon the application and documents
filed therewith, the testimony and evidence presented at the
hearing, and a favorable recommendation from the Planning Board.
There were no letters or statements in opposition from any
abutter, and thirty (30) or more letters in support of the
proposal.
3. According to the evidence, there is a question by the Health
Officer as to whether this facility might require state licensing
as a public water supply, which is determined, in part, by the
number of hookups, the number of people served, and the number of
days operating per year. This well is only to serve private
homes in the immediate area.
4. Whether this well is considered a public water supply or
not, the Health Officer can require water quality testing on a
regular basis.
5. The proposed structure is to be located approximately eleven
feet (111) off the road and will be approximately thirteen feet
(131) tall at the peak. The heavy screen of vegetation between
the building site and the road will be maintained to the extent
possible.
6. The Fire Chief indicated his support for the project, which
would provide a second source of water for fire - fighting in the
area, to supplement the other major supply at the Wauwinet House.
7. The owner of the Wauwinet House, which is the present
I
supplier of potable water for the houses to be served by the
proposed system, wrote in support of the project.
8. The Board found that the proposed structure was not to be
used as a recreational facility, as would be required for
issuance of a Special Permit under Section 1239- 7D(6).
9. The Board found that the proposed used as a water supplier
to neighboring residences was within the scope of neighborhood
service establishments contemplated by the exceptions specified
in Section 139- 8B(2), and the proposed structure did not exceed
3,000 S.F. of floor area.
10. By unanimous vote, the Board voted to GRANT the Special
Permit as requested by the Applicants under Section 139 -8B(2)
with the following conditions:
A) the structure to be constructed in substantial
conformity with the plans appended hereto as Exhibit A;
B) the indigenous vegetative screen be maintained to the
extent possible; and
C) the Permit is subject to all applicable health
regulations, state and local.
11. By unanimous vote, the Board voted to DENY the requested
Special Permit under Section 138 -7D(6) because the proposed
structure did not qualify as a recreational facility, as required
by that section, and relief under that section was unnecessary in
light of the Board's previous vote as detailed in paragraph 10 of
this decision.
Date: 9Q-h • 2?lt 1Q91
William R. Sherman
Linda F. Williams
xat�44 i 7.-41-,�"74,
71[ -'L
I
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held at
1:00 P.M., Friday, February 15, 1991, in the Town and County
Building, Broad Street, Nantucket, Massachusetts, on'fhe
Application of:
JANE T. LAMB and CHARLES WINSTON, contract purchaser
Board of Appeals File No. 007 -91
Applicant is seeking relief by Special Permit under Section
139- 7(D)(6), permitting construction of a building for a non-
profit organization, or Section 139- 8(B)(2), for construction of
a neighborhood service establishment, of the Zoning By -Law to
allow construction of a structure of not more than 300 sq. ft. to
house water tanks and two water pumps to provide potable water
to certain residential lots in Wauwinet.
The premises are located at 105 WAUWINET ROAD, assessor's
Map 12, parcel 40.1, as shown on Land Court Plan 15961 -1, Lot
117. The property is zoned R7 ' /_7
rt J. Veichter, Chairman
r
#3070
FoA Form 189 NANTUCKET ZONING HOARD OF 11PPE'hLS
TOWN AND COUNTY BUILDING
NANTUCKET, 2,1.A 0 :2554
Owner's name(s):
Mailing address:
APPLICATIOi1 'OP. RE1,T.1'nF
Jane T. Lamb,
1/9/91
(9-amt e p /
C.7 �E No . V� !- i I
36 Wauwinet Road Nantucket, Ma. 02554
Applicant's name: Jane T. Lamb and Charles Winston Contract Purchaser
Mailing address: 36 Wauwinet Road Nantucket, Ma. 02554
Location of lot: Assessor's map-and parcel_ number 12 - 40.1
40.1
Street address: 105 Wauwinet Road
Registry Land Ct Plan, Plan DI,. & Pg or Plan File L.C.15961 -Lbt 117
Date lot acquired:1 00 81 Deed Ref98 ,92 Zoning district g_1
Uses on lot - commercial: None X or
MCD?
- number of: dwellings duplex: apartments rental rooms
Building date(s): all pre -8/72? or
Building Permit appl'n. Nos.
Case Nos. all BoA applications, lawsuits:
C of O?
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
139 -32A x if Variance, 139 -30A _ if a Special Perm-it (and 1.39 -33A
if to alter or extend a noncon orming use) If appeal per 139 -31A
-&—B _ , attach decision or order appealed. OK to attach addendum2.
see addendum "A"
Items enclosed as part of this Application: orde.rl_ addendum2 X
Locus maps_ Site plan x showing present - -+-planned X 'structures
Floor plans present proposed X_ elevations _ X (11DC approved? NQ!
Listings lot areal frontage X setbacks_ X Gcl. X _ parking data X
Assessor - certified addressee I.15t 4 sets X_ ma) _ling labels 2 sets X
5,200 fee payable to Town of Nantucket X_- Proof- covenant
i(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.
SIGNATURE: Applicant L 2Mttorney /agent _
v
3(If not owner or owner's attorney, enclose proof of authority)
FOR BoA OFFICE USE
Addendum "A"
As a condition of the Purchase and Sale Agreement
between the Applicant, Jane T. Lamb and Charles Winston, the
applicant seeks a special permit either under the Nantucket
Zoning By -Laws, Section 139, 7 -D(6) or Section 139, 8 -B(2).
Charles Winston is purchasing the subject property for the
benefit of a non - profit corporation to be formed with the
purpose of distributing potable drinking water to a certain
number of lots in Wauwinet. These lots will be members of
the non - profit corporation. Such lots, due to their
proximity to the ocean, cannot pump their own potable water.
For this reason, it is intended that the subject property
will house water tanks and two water pumps in a proposed
modest structure of not more than 300 sq. feet and provide
these lots with potable water.
The applicant seeks a special permit pursuant to two
alternative sections. Pursuant to S139 7 -D(6), the Board of
Appeals may grant a special permit for the construction of a
building, for a non - profit organization. Pursuant to S139
8 -B -2, the Board of Appeals may grant a special permit for
the construction of a neighborhood service establishment.
The proposed entity will not exceed 3,000 square feet of
floor area.
The proposed use of this lot will cause less traffic
than a dwelling. It is anticipated that a maintenance
person would visit the site once a day when it is operating.
The proposed structure of 280 -290 square feet to the best of
my knowledge is smaller than any dwcllinq that is currently
in use on the island of Nantucket.
The proposed pump house is located further south than
the existing hotel pump house which is also non- contiguous
to the hotel. The existing pump house will continue to
serve the hotel while the new pump house will serve the
dwellings.