The URL can be used to link to this page

Home My WebLink About043-91xk TOWN OF NANTUCKET Z BOARD OF APPEALS �gpORAZE�� Amin NANTUCKET, MASSACHUSETTS 02554 Date: June 1991 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: (043 -91) Owner/Applicant: Southwestern Bell Mobile Systems, Inc. d /b /a Cellular One, under license from New England Telephone and Telegraph 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 Chaoter 40A, :•;assachusetts General Laws. Any action appealing the Decision must be brought by filing an cori-iplai nt in court within TWENTY ( 20) days after this day's date. lNotice of the action with a copy of the complaint and certified copy of the Decision rust be given to the Town Clerk so as -to be rece d i7lthin such '? i-EENTY (20) days. cc: Town Clerk Planning Board Building Commissioner ert ,4./ Leichter,, Chai rman NO �ii9 Map 40 Parcel 62 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION 215 Cliff Road LUG -2 At a Public Hearing of the Zoning Board of Appeals held on Friday, June 14, 1991 at 1:00 P.M. in the Town and County Building, Nantucket, on the Application of Southwestern Bell Mobile Systems, Inc., d /b /a Cellular One, under license from New England Telephone and Telegraph Company (043 -91), 1000 Winter Street, Waltham, MA 02154, the Board made the following decision: 1. Applicant seeks a SPECIAL PERMIT under Section 139 -33A of the Zoning By -Law to alter a pre- existing, non - conforming use by adding antennae to the existing antenna tower; constructing a 231x 13' footprint building to house equipment used in connection with said antennae and the electronic transmission of information; and permission to place a trailer on the premises during the aforesaid installation and construction. 2. The Board's Decision is based upon the Application and accompanying papers and documents, the evidence, oral and documentary, presented at the hearing, letters from the fire and police chiefs of Nantucket supporting the Application and a positive recommendation from the Planning Board. Abutters raised concerns about electromagnetic emissions from the antennae and the effect of such emissions on persons living near the tower. 3. The Applicant's evidence showed that the building predates zoning as does the use of the existing antenna tower for the transmission of electronic information; that the premises upon which the work is to be performed contains 5.7 acres of land; that the proposed building will be constructed in the rear of the existing building on the premises; and that the proposed installation of antennae will not increase the health hazards from electromagnetic emissions which will be minimal for the people of Nantucket and the abutting neighbors. 4. The Board finds that: i) the commercial use of the premises is a pre- existing, non - conforming use; ii) that the proposed use is not substantially more detrimental to the neighborhood than the existing use; and iii) that the upgrading of the microwave tower proposed by the Applicant will significantly improve emergency and telephone service on Nantucket. (Decision, 043 -91) -2- 5. Based upon the findings, the Board, by UNANIMOUS VOTE, grants the Special Permit under Section 139 -33A, to allow alteration of a pre- existing non - conforming use as follows: a) the installation of five new antennae (2 whip and 3 collinear antennae); b) the construction of a new 231x 13' footprint building to house equipment used in connection with said antennae and electronic transmission of information substantially in the location as shown on the site plan filed with the application; and c) to permit the location of a trailer upon premises during the period of construction of the aforesaid building and installation of antennae. 6. Said Special Permit is granted upon the following conditions: a) the siting and exterior elevations of the building to be constructed are to be approved by the Historic District Commission; b) no new dish microwave antenna are to be placed upon the antenna tower; c) the emergency power generator to be located within the building shall be exhausted to the east and said exhaust shall be suitably screened with plantings; d) The maximum radiated power of the antennae will not exceedt100 watts; e) Applicant will replace any vegetation removed or damaged during the construction of the building, the installation of the antenna and the temporary location of the trailer; f) Applicant will perform all work in conformity with all necessary local, state and federal permits and licenses; and g) Applicant will submit to the Board of Appeals a statement that the addition of the antennae as permitted hereunder and the construction of the building in connection therewith will not significantly increase the health hazards for the people of Nantucket. Dated: June a(p , 1991 -2- (Decision 043 -91) -3- Dale W. Waine ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, June 14, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY, owner, and SOUTHWESTERN BELL MOBILE SYSTEMS, INC., d /b /a CELLULAR ONE Board of Appeals File No. 043 -91 Applicant is seeking a finding that the proposed change, alteration or extension of a commercial use in a residential district said to be pre- existing and nonconforming will not be substantially more detrimental to the neighborhood than the existing use on the premises. In the alternative, applicant seeks a Special Permit under Section 139 -33A to expand a prior existing nonconforming use. Applicant proposes to add ten (10) antennae to the existing antenna tower (6 dish and 4 collinear antennae) and to construct a 23' x 13' building to house equipment used in connection with said antennae and the electronic transmission of information. In addition, applicant seeks permission to use a trailer during the installation of the antennae and the construction of the building in accordance with the provisions of Section 139- 7E(3). The premises are located at 215 CLIFF ROAD, Assessor's Map 40, parcel 62, as shown on Land Court Plan 14,424 -A. The property is zoned LUG -2. r C obert J. LEVchter, Chairman BOA-Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 - CASE No.�[,� � APPLICATION FOR RELIEF Owner's name(s): NEW ENGLAND TELEPHONE & TELEGRAPH COMPANY Mailing address: c/o Theodore L. Tillotson P.O. Box 1389 Nantucket, MA 02554 Applicant's name: Southwestern Bell Mobile Systems, Inc. d /b /a Cellular One Mailing address: c/o Theodore L. Tillotson P.O. Box 1389 Nantucket, MA 02554 Location of lot: Assessor's map and parcel number 40 - 62 Street address: 215 Cliff Road Registry Land Ct Plan, 2inxxRkxfxR9xQXx3 i&RxRik9 14424 -A kRJ4 Certificate of Title No. 2798 Date lot acquired: Lj�46 Deed Ref zoning district LUG -2 Existing Antenna Tower Uses on lot - commercial: Xong oxand Equipment Building MCD ?�Q - number of: dwellings 0 duplex 0 apartments 0 rental rooms -0 Building date(s): all pre -8/72? Yes or Building Permit appl'n. Nos. N/A Case Nos. all BOA applications, lawsuits: None C of 0? 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 if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3A _&_B , attach decision or order appealed. OK to attach addendum . Applicant seeks special permit to expand a prior existing non - conforming use by adding 10 antennas to the existing antenna tower (6 dish antennas and 4 collinear antennas) and constructing a 23' x 13' building to house equip- ment used in connection with said antennas and the electronic transmission of information. Additionally, applicant seeks permission to use a trailer during the installation of the antennas and the construction of the building in accordance with the provisions of 139- 7E(3). Items enclosed as part of this Application: orderl addendum2 Locus ma X Site plan X showing present x +planned x structures P t roved ?_) Floor plans present proposed elevations (HDC app Listings lot area frontage _T setbacks GCR_ parking data Assessor- certified addressee list 4 sets Xroofl labels 2 $200 fee payable to Town of Nantucket X p P l(If an appeal, ask Town Clerk to send Bldg Comr's record to BoA.) I certi that t r quested information submitted is substantially complete d tru to he bes of my knowledge, under the pains and penalties o ry SIGNATURE: �- Applicant Attorney /agent X Th odore L. TYllo`tson 3 (If not owner or owner s attorney, enclose proof of authO61V WORE L. TILLOTSON, P.C.