HomeMy WebLinkAbout044-91O L( `-f =�'/
TOWN OF NANTUCKET
BOARD OF APPEALS
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.: 044 -91
Owner /Applicant- New England Telephone Company and
Nynex Mobile
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 :gust be given
to the Town Clerk so as to be rece/t� -ed within such T ;Ei�Tf
(20 ) days. �1 7
ert/f I,eichter, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a public hearing on Friday, June
14, 1991, at 1:00 p.m. at the Town and County Building,
Nantucket, made the following decision on the application of NEW
ENGLAND TELEPHONE COMPANY and NYNEX MOBILE (044 -91) with an
address of 185 Franklin Street, Boston, Massachusetts 02107.
1. Applicant seeks a MODIFICATION of SPECIAL PERMIT No.
71 -90 to allow the expansion of a prior, existing nonconforming
use so as to allow the applicant to install four (4) directional
cellular antennae on the existing microwave tower at 14 Eel
Point Road, or, alternatively, a finding that the proposed
change, alteration or extension of the commercial use in a
residential district will not be substantially more detrimental
to the neighborhood than the existing use on the Premises. The
Premises are located at 14 EEL POINT ROAD, ASSESSOR'S PARCEL
40 -64, Plan 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, and our prior Special Permit
decision (071 -90). The commercial use of the Premises is a
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pre- existing, nonconforming 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
requirements of the current zoning code. On October 31, 1990,
we granted the applicant a Special Permit to allow the upgrading
and alteration of the microwave facility on the Premises. The
applicant proposes to install three (3) omnidirectional DB560
cellular antennae and one (1) directional DB499 Yagi "pick -up"
antenna on the tower to provide for cellular telephone service
on the island of Nantucket. In addition, the applicant proposes
to use the existing control building and power supply on the
Premises to service the antennae. Cellular telephone service on
the island of Nantucket will provide additional emergency
service to outlying areas, provide service to boats, and will
generally enhance the public health and safety as substantiated
by letters received from the Nantucket Police Chief and
Nantucket Fire Chief. The Nantucket Planning Board recommended
favorable relief and two (2) abutters raised concerns about
electromagnetic emissions from the antennae and the effect of
such emissions on persons living near the tower. Testimony
received at the hearing reflected that electromagnetic emissions
from the antennae would be minimal.
3. We find that the applicant's proposed expansion of the
commercial use of the microwave tower by the installation of
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four (4) antennae 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 reliable cellular telephone
service to the island of Nantucket.
4. For the reasons set forth herein, the BOARD, by
unanimous vote, herby GRANTS the requested MODIFICATION OF
SPECIAL PERMIT No. 71 -90 so as to allow the Applicant to install
the aforementioned four (4) cellular telephone antennae on the
microwave tower and, alternatively, make a specific finding that
the proposed change, alteration or extention of this commercial
use in a residential district will not be substantially more
detrimental to the neighborhood than the existing use on the
Premises upon the following express conditions:
t
A. The proposed antennae will emit no more than 100"watts
of power as represented at our hearing by the Applicant;
B. The proposed additional wattage from the four (4)
antennae will not increase significantly health hazards for the
people of Nantucket and the Applicant will submit to the Board a
Certified Statement of same.
044 -q
Page Three o r `'t"
Dated:
O` q-Q(
June 0 1991
Nantucket, MA
rAM101
ry
Kate Mitchell
Dale Waine
Ann Balas
Page Four I 4
Kc-,
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 COMPANY
Board of Appeals File No. 044 -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 Modification of an existing Special Permit, granted in
BOA File No. 071- 90,under Section 139 -33A to allow expansion of a
prior existing nonconforming use. Applicant proposes to install
two (2) directional cellular antennae on the existing microwave
tower.
The premises are located at 14 EEL POINT ROAD, Assessor's
Map 40, parcel 64, as shown in Plan Book 16, page 46. The
property is zoned LUG -2.
/ ep , � -1 /U, � V(4, -
Robert J. Le' hter, Chairman
BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
APPLICATION FOR RELIEF
Owner's name(s): New England Telephone Company
Date
CASE Noo�_K
Mailing address: 185 Franklin Street, Boston, Massachusetts 02107
Applicant's name: New England Telephone Company - NYNEX MOBILE
Mailing address: 6100 Unicorn Park Drive, Woburn, Massachusetts 01801
Location of lot: Assessor's map and parcel number 40 - 64
Street address: 14 Eel Point Road
Plan Bk & Pg 16 Lot 46
Date lot acquired: Deed Ref _,_ Zonipg district LUG -2
Uses on lot -(commercial— None or MCD?
- number of: dwellings 0 duplex 0 apartments 0 rental rooms 0
Building date(s): all pre -8/72? _ or
Building Permit appl'n. Nos.
Case Nos. all BoA applications, lawsuits: 71 -90
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 x if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -3JA
& B _ , attach decision or order appealed. OK to attach addendum .
The Applicant seeks a modification of Special Permit No. 71 -90 to
allow the installation of two (2) directional cellular telephone
antennas on the New England Telephone microwave tower at 14 Eel Point
Road. See Addendum "A."
0
Items enclos d as part of ,this Application: orderl addendum2 ,- Locus map Site plan V showing present V +planned --structures
Floor plans present proposed— elevations (IIDC aapproved ?_)
Listings lot area frontage setbacks GCR parking data
Assessor- certifie3 addressee rist 4 sets,7` -maP ng labels 2 sets
200 fee payable to Town of Nantucket �oof 'cap' covenant
(If an appeal, ask Town Clerk to senCBldg Comr 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 Englan el hoy," C mpany
SIGNATURE: BY: _Applicant Attorney /agent XX
Kevin Dale, Esquire
3(If not owner oi' owner's attorney, enclose proof of authority)
FOR BoA OFFICE USE
Application copies reed: 4 ✓ or_ for BoA on2 . /,`R �1 �by�
One copy filed with Town Clerk on !�by -J!� complete? L�
One copy each to Planning Bd and Building D>eptt,� y , bv(�
$200 fee check given Town Treasurer on� .. g"pfL by�')"aived ?—
Hearing notice posted/�9/mailed1/�/l/ I &
Hearings) on_/_/_ cont'd to_/ _/_, _/_/_ withdrawn ?__/_/_
Decision due by_/_/_ made_/_/_ filed TC_/__/_ mailed__/__/_
See related cases lawsuits other
PI
ADDENDUM "A"
The Applicant, New England Telephone Company /NYNEX Mobile,
seeks a modification to Special Permit No. 071 -90 to permit the
installation of two (2) directional cellular telephone antennas
on the Company's microwave tower at 14 Eel Point Road.
On October 31, 1990, this Board granted New England
Telephone Company a Special Permit (071 -90) to upgrade and alter
its commercial microwave tower on the premises. The Board found
that the Company's commercial use of the premises constituted a
pre- existing, non - conforming use. The premises contain
approximately 11.7 acres, and the premises comply with the
current intensity regulations of the Zoning By -Law, as amended.
The Applicant proposes to install two (2) directional
cellular telephone antennas on the microwave tower to provide
cellular telephone service to the Island of Nantucket. Each
antenna is relatively small and inconspicuous. The
specifications for the proposed DB499 Directional Yagi Antenna
and the proposed DB560 Omnidirectional Antenna are attached
hereto as Exhibits "A" and "B." Neither proposed antenna will
interfere with radio and /or television reception in the
neighborhood.
The requested Special Permit modification 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. Moreover, a grant of
relief allowing the modification will promote the welfare and
safety of persons on Nantucket by providing them with ceullular
telephone service, especially in those areas where no regular
service now exists, i.e., Tuckernuck, Muskeget, and boats moored
off Nantucket Island.
For the reasons set forth herein, the Applicant respectfully
requests that this Board modify Special Permit No. 071 -90.
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: 3 / , 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.: 071-90
Owner/Applicant: 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.
Linda F. Williams, Chairman
cc: Town Clerk
Planning Board
Building Commissioner
NOV 2 91990 At 11 010look
and LIO minut e a /I" M
Received and Entered with
Nantucket County Deeds.
Book 955 page _a .7
Attest
Reg-kat, r
4 .
BOARD OF APPEALS
TOWN OF 1ANTUCKET
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, Plan
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
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u
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
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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
upgi:aded microwave facility will not increase significantly
health hazards for the people of Nantucket.
Dated: October 13( , 1990
Nantucket, MA
7 Pike
.46it, A P
1 CERTIFY THAT 20 DAYS HAVE ELAPSED gt THE DECISION
WAS FLIED IN TXE OFFICE OF THE TOWN CLERK, &ND TIJAT
NO APPEAL RAS g ED, PERSU T TO WS
40 A, SECTION 11
iOW C
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