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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.