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Home My WebLink About029-94TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: May /0 , 1994 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 029 -94 Owner /Applicant: SOUTHWESTERN BELL MOBILE SYSTEMS, INC., D /B /A CELLULAR ONE, FOR ITSELF AS LICENSEE, AND NEW ENGLAND TELEPHONE AND TELEGRAPH CO., OWNER 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. Dale W. Waine Chairman cc: Town Clerk Planning Board Building Commissioner TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Assessor's Map 40 215 Cliff Road Parcel 62 Land Court Plan 14424 -A LUG -II Cert. of Title 2798 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, April 8, 1994, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of SOUTHWESTERN BELL MOBILE SYSTEMS, INC., D /B /A CELLULAR ONE, FOR ITSELF AS LICENSEE, AND NEW ENGLAND TELEPHONE AND TELEGRAPH CO., OWNER, c/o Theodore L. Tillotson, Box 1530, Nantucket, MA 02554, Board of Appeals File No. 029 -94, the Board made the following Decision: 1. Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By -Law §139 -33A to expand a said to be pre- existing non - conforming use, that of a support structure and antenna for the transmission of electronic information, by adding an eight (8) foot microwave dish to the westerly side of the existing antenna tower for Cellular One transmissions. The premises are located at 215 CLIFF ROAD, Assessor's Map 40, Parcel 62, as shown on Land Court Plan 14424 -A. The property is zoned Limited Use General -II. 2. The Decision is based upon the Application and materials submitted with it; the testimony and evidence presented at the hearing; a letter from the Historic District Commission; a letter and testimony in opposition from an abutter; and a favorable Planning Staff recommendation. The letter from HDC administrator stated that they were unable to make a recommendation and evaluate the appropriateness of the proposal as thay had not been able to review scaled drawings or explicit graphic documentation. The abutter expressed concerns concerning possible adverse health effects. 3. Applicant proposes to add an eight (8) foot microwave dish onto the westerly side of an existing 225 foot transmission tower. Tno (2) other dishes are currently in place, one being 10 feet in diameter, the other being 6 feet in diameter. The new dish would be placed at a height of between 100 to 130 feet and would emit no radiation, having low power emissions of one (1) watt. Applicant represents that there is no health hazard to the public as there are no electromagnetic field issues with this type of equipment. Installation of an additional dish would aid in Cellular One transmissions to the mainland by way of Martha's Vineyard. The existing tower pre -dates 1972 zoning and is also the subject of x'029 -94 ) -2- a favorable grant of relief for alteration and expansion in Board of Appeals File No. 043 -91. 4. Accordingly, by a unanimous vote, the Board GRANTS relief under §139 -33A to allow placement of an additional microwave dish, and makes the finding that it is an increase in the existing non - conformity, but it is not substantially more detrimental to the neighborhood than the existing non - conformity. Relief is granted under the following conditions: A. There will be no increase in health hazards to the public; and B. Applicant must meet all local, state and federal regulations and code requirements. Dated: May /D 1994 - - - -- tom, Dale W. Waine Linda F. Williams vv? - 'Go William Hourihan RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 MAY 10 1994 TIME: i Z" J> CLERK: Zoning Board of Appeals South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the ZONING BOARD OF APPEALS will be held at 1:00 P.M., Friday, April 8, 1994, in the Town and County Building, the Selectmen's Meeting Room, Broad Street, Nantucket, Massachusetts, on the Application of: SOUTHWESTERN BELL MOBILE SYSTEMS, INC., d /b /a CELLULAR ONE, For Itself as Licensee, and NEW ENGLAND TELEPHONE & TELEGRAPH CO., Owner Board of Appeals File No. 029 -94 Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By -Law §139 -33A to expand a said to be,`_�re- existing, nonconforming use, that of a support structure and antenna for the transmission of electronic information, by adding an eight (8) foot microwave dish to the westerly side of the existing antenna tower for Cellular One transmissions. The premises are located at 215 CLIFF ROAD, Assessor's Map 40, parcel 62, as shown on Land Court Plan 14424 -A. The property is zoned Limited Use General -II. e W. Waine, Chairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228 -7215. N BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date TOWN AND COUNTY BUILDING Da Da _ NANTUCKET, MA 02554 CASE No APPLICATION FOR RELIEF Owner's name(s): NEW ENGLAND TELEPHONE & TELEGRAPH CO. c/o Theodore L. Tillotson,. P.C. Mailing address: P 0 Box 1530 Nantucket MA 02554 -1530 Southwestern Bell Mobile Systems, Inc. d /b /a Cellular Applicant's name: c o Theodore L. Tillotson, P.C. One Mailing address: P O Box 1530 Nantucket MA 02554 -1530 Location of lot: Assessor's map and parcel number 40 - 62 Street address: 215 Cliff Road Registry Land Ct Plan, Plan Bk & Pg or Plan2798le 14424 -A Lot Date lot acquired: 2146 dxj%j C/T No. /Zoning district LUG -2 Existing Antenna Tower Uses on lot - commercial: 2�WMx— j&r & Equipment Building MCD? No - number of: dwellings 0 duplex 0 apartments _0 rental rooms o Building date(s): all pre - 8/72? N_ or 1992 (1 of 2) C of O ?Yes Building Permit appl'n. Nos. 8581 -92 Case Nos. all BoA applications, kj1W9J+JiJ#,At Case No. 043 -91 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 -3�A '&_B _ , attach decision or order appealed. OK to attach addendum Applicant seeks special permit to expand a prior existing non - conforming use by adding an 8' wicrowave dish on the westerly side of the existing antenna tower to link Nantucket with Martha's Vineyard for Cellula76 e t Dons. WN CAE NAN7'VCKETK'S OF?. � -,Ce BAR 4 1994 Items enclosed as part of this Application: order l addendum2 Locus map X Site plan X showing present +planned structures Floor plans present proposed elevations (HDC approved ?_) Listings lot area frontage setbacks GCR parking data Assessor - certifies addressee ist 4 sets majl ni g labels 2 sets_ 1200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to sens Bldg Comr record to BoA.) I certi y that the r b e ted information submitted is substantially complete and a to the st of my knowledge, under the pains and penalties erl u $ Y = a� Applicant licant Attorney /agent X SIGNATURE . ,t�- eodore L. Tillotson 3 (If not o ner or owner's attorney, enclose proof of authority)