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Home My WebLink About19-19 7 Clifford StreetFee: $450.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Owner's name(s): Sheila and Carmine Giardini File No. j 9' j Mailing address: c/o Cohen & Cohen Law PC 34 Main Street, P.O. Box 786 Phone Number: 508-228-0337 E -Mail: Steven (o_Cohenleg al. net Applicant's name(s): Same Mailing Address: 34 Main Street P.O. Box 786 Nantucket, MA 02554 Phone Number: 508-228-0337 E -Mail: Steven(cDCohen legal. net Locus Address: 7 Clifford Street Assessor's Map/Parcel: 79 19 Plan: Lot 35 on LC Plan 17745-F and Certificate of Title: 20981 Zoning District: R-20 Uses on Lot- Commercial: None Yes (describe) Residential: Number of dwellings: 2 Duplex Apartments Date of Structure(s): all pre -date 7/72 or 2005 and 2006 Building Permit Numbers:. Previous Zoning Board Application Numbers: 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile r. N s• 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: Please see attached addendum I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner* SIGNATURE: Applicant/Attomey/Agent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:—/ / By: Complete: Need Copies: Filed with Town Clerk:—/—/— Planning Board:—/—/— Building Dept.:—/—/— By: Fee deposited with Town Treasurer:—L/_ By: Waiver requested: Granted: / / Hearing notice posted with Town Clerk:—/—/ Mailed: I&M / / & / / Hearmg(s) held on: / / Opened on: Continued to: / / Withdrawn: / / Decision Due By: Made: / / Filed w/Town Clerk: / / Mailed: / /_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile The locus, 7 Clifford Street, is a dimensionally conforming oversized lot of 60,984± SF in the Residential 20 (R-20) Zoning District. It is shown on Assessor's Map 79 as Parcel 19 and also as Lot 35 upon Land Court Plan No. 17745-F at the Nantucket Registry District of the Land Court. Evidence of Applicant's ownership is at Certificate of Title No. 20981. Pursuant to Zoning Bylaw Section 139-16.C.3, the R-20 zoning district provides for a 30 foot front yard setback and 10 foot side and rear yard setback. The locus fronts on Clifford Street to the west and also previously abutted an unconstructed private way, Harriet Street (a/k/a Prospect Street), to the east, but that land was Taken by Eminent Domain by the Town of Nantucket in 2014 (Document No. 147396) and it is now Town land in the Yard Sale program. The Take: parcel was subdivided by the Town in an Approval Not Required Acquisition Plan filed by the Town of Nantucket and approved by the Planning Board on June 8, 2015 (see Plan No. 2015-35). This plan created Parcel H, which is 20' wide along the eastern boundary of the Locus. The disposition of Parcel H to the Applicant (and of the other parcels to the other abutters) has been held up for more than five years but is proceeding through the Yard Sale Program. Under the terms of the Yard Sale Program, the Applicant is a certain acquirer of the land, since they are the only abutter. Applicant has delayed development of this lot for several years waiting for the Yard Sale process to be completed. In June 2018, Applicant sought to de -register their land from the Land Court system, to try to cut down on the delay. However, because the Town filed for a Certificate of Title in July 2018, Applicant has withdrawn that action so as to not interfere with the Land Court petition. (See attached) Due to the long narrow shape of the lot, and the unusual title clearing related to Parcel H, Applicant seeks relief by Variance pursuant Zoning By-law Section 139-32 from the provisions of Secticn 139-16 to reduce the side yard setback on the east side of the premises by up to 8' feet to allow for a new pool to be as close as 2' from the lot line. Said pool would be create a new nonconformity until the Yard Sale process is completed but would then be about 22' from the lot line, more than double the applicable setback. In recognition of the extreme delay, and of the Applicant's future ownership, the Town of Nantucket has already granted a license agreement to allow the Applicants to install a fence and landscaping improvements within Parcel H. (See attached) The new structure will be compliant with all applicable front, rear and side yard setback requirements with the addition of the Yard Sale lot, the lot will remain below the allowable ground cover ratio, 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile and the relief sought is not detrimental to the neighborhood. Relief may therefore be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the bylaw. 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile July 8, 2019 Town and County of Nantucket, MA 7 Clifford 4• iyyb 74:a i47S 79 AV JR ............... vrc Yliii(x /.'� �t rw 79 19 27 > �` Y .. 4 •MIbYit' � '` S3 l_ 'Peiy?• eir I r fnSE421 as 5 as y 4( N- J5 93,4 ... ... ?IJ't12fI)'inisJ.:i;nl[nn i.._ `r..i-- PT weRf Lxenon ki,A= FOP PEFEP.ENCE ONLY NOT A LEGAL Dr -C MEN + o`r.-Rm,=�= N2Wa4ic= c4`r�s� us tiT:aiiE-:I Cn�E^l n� Tr^ u391C1' ^:. SUBDIVISION PLAN OF LAND IN NANTUCKET /7745 F Josiah S. Barrett, Surveyor September 11, 1975 WEWEEDER (40. oo xwe) AVENUE p%Pe 5 54° 14' 95' F PIPS 200.00 F-, LCES-1. 8.73 200.03 LAJ j p;Pe W ce. PiP NOBADEER (40.00 W/O--) W pion 177450 30 Cerf. 6940 Ira 35 0 Subdivision of Lot 12A Block 186 17745A Sheet 3 c9 Shown on Plan Filed with Cert. of Title No. 2494 d W O F-, LCES-1. 8.73 200.03 j p;Pe ppe N 84° 14' 45 W ce. PiP NOBADEER (40.00 W/O--) W pion 177450 30 Cerf. 6940 Subdivision of Lot 12A Block 186 17745A Sheet 3 c9 Shown on Plan Filed with Cert. of Title No. 2494 d p a O O By the Court. � No%.�, /975 Scale of ibis plan 60 fret to an inch AL. woadbwry, En96wrf+r Court -- - �Ji'4r;DyL2Z�_ 0 200.02 sx. S- M- S 84' 14' 45' E 2 h � /0.0:.00 4 N 64° 14' 45'W -m O t •y�. S 64° 14' 45' E li N /00.00 V 36 ° e U O F-, LCES-1. 8.73 200.03 j p;Pe ppe N 84° 14' 45 W ce. PiP NOBADEER (40.00 W/O--) AVENUE pion 177450 30 Cerf. 6940 Subdivision of Lot 12A Block 186 17745A Sheet 3 Shown on Plan Filed with Cert. of Title No. 2494 gegistry pIstrlct.of Nantucket ounty title may be issued or land Separate certificates of shown hereon asJefd--3S-02-P-'-�¢----------------- a M By the Court. LAND REOISTRA77ON OFF/CE No%.�, /975 Scale of ibis plan 60 fret to an inch AL. woadbwry, En96wrf+r Court -- - �Ji'4r;DyL2Z�_ F-, LCES-1. 8.73 LICENSE AGREEMENT THIS AGREEMENT is entered into this day of , 2018, by and between the Town of Nantucket, a Massachusetts municipal corporation, acting by and through its Board of Selectmen, having an address of Town & County Building, 16 Broad Street, Nantucket, Massachusetts 02554(the "Licensor") and Carmine Giardini and Sheila Giardini of Nantucket, Massachusetts (the "Licensee"), the owners of property located at 7 Clifford Street, Nantucket, Massachusetts (the "Property") by virtue of a Certificate of Title No 20981 filed with Nantucket Registry District of the Land Court: WHEREAS, Licensor is the owner of land shown as Parcel H, Harriet Street, Nantucket, Massachusetts (the "Licensor's Property") shown on a plan of land entitled "Roadway Acquisition Plan in Nantucket, Mass., Being a Portion of Harriet Street (a.k.a Prospect Street), Prepared for Richard Michael Pollock," dated May 2, 2013, prepared by Bracken Engineering, Inc., recorded with Nantucket Registry of Deeds as Plan No. 2013-45 (the "Plan") by virtue of an Order of Taking dated May 28, 2014 recorded in Book _, Page _, at the Nantucket Registry of Deeds and also as Document No. 144719 at the Nantucket Registry District of the Land Court; WHEREAS, Parcel H, shown on said Plan, is registered land and the Land Court has not yet issued an Order for the issuance of a Certificate of Title for Parcel H in the name of the Licensor; WHEREAS, the Licensee wishes to construct a fence and make landscaping improvements in the Licensor's Property and has requested the Licensor's permission to use the Licensor's Property for these purposes; WHEREAS, the Licensor is willing to grant permission to Licensee to use a portion of the Licensor's Property for the purpose of constructing a fence and planting landscaping as shown on a sketch plan to be approved by the Licensor, and to generally use the portion of the Licensor's Property for purposes incidental to the construction and maintenance of these improvements and plantings, until such time as the Land Court issues an Order to Issue a New Certificate of Title for the Licensor's Property in the name of the Licensor; and NOW, THEREFORE, in consideration of the mutual promises and covenants herein made, the parties hereto agree as follows: Licensor hereby permits Licensee, its contractors, agents, invitees, permittees and licensees, a non-exclusive right to enter upon a portion of the Licensor's Property (the "Licensed Premises") and locate, construct, install, plant, maintain, and repair the fence and landscaping improvements, at their sole cost and expense in accordance with the plan Licensee had submitted to the Licensor and all federal, state and local laws, regulations, ordinances and by- laws. Such entry and use shall be exercised from the date of the execution of this License and shall continue until such date as the fee in the Licensor's Property is conveyed to the Licensee or is revoked or terminated pursuant to Section 8 below. Licensor makes no representation or warranty, by said grant of license hereby or otherwise, that the Licensor has title to or rights in the Licensed Premises or that the Licensed Premises may be used for a particular purpose. Licensee acknowledges that they have not relied upon any warranties or representations of the Licensor nor any person acting on behalf of the Licensor, and that Licensee agrees to accept the Licensed Premises "as is", with no liability on the part of the Licensor for any condition or defect or title in the Licensed Premises, whether or not known to the Licensor or any representative of the Licensor. The terms of this paragraph shall survive the termination of this License. 2. Licensee hereby releases Licensor from any and all claims and liabilities of any nature whether known or unknown, both in law or in equity, which Licensee has or may have had from the beginning of the world to the date of execution of this license. Licensee also agrees to indemnify, defend and hold Licensor harmless from and against all claims, demands, losses, costs, damages, causes of action, or liabilities whatsoever, including but not limited to mechanic's liens and reasonable attorney's fees and expenses, which may be imposed upon, incurred by, or asserted against the Licensor or its agents, employees, successors and assigns by reason of (a) any failure on the part of the Licensee, its agents, contractors, representatives, licensees, permittees or invitees to comply with any provision or term required to be performed or complied with by Licensee, its agents, contractors, representatives, licensees permittees or invitees under this License; (b) for the death, injury or property damage suffered by any person on account of or based upon the act, omission, fault, negligence or misconduct of any person whomsoever, other than the Licensor relating in any way, to the Licensee's exercise of its rights under this License; (c) the discharge, release or threatened release at or from the Licensed Premises of oil or hazardous material as defined under federal, state or local law which is caused by Licensee, its agents, contractors, representatives, licensee, permittees or invitees under this License. Licensee will be solely responsible for any hazards created through Licensee's conduct in connection with this License. Furthermore, Licensee hereby releases the Licensor from any responsibility or liability for Licensee's losses or damages related to the condition of the Licensed Premises, and Licensee agrees and covenants that it will not assert or bring, nor cause any third -party to assert or bring any claim, demand, lawsuit or cause of action against the Licensor including without limitation, claims for property damages, diminution in property, value claims, personal injury damages and any other damages relating to or arising from the Licensee's use of the Licensed Premises. The provisions of this Paragraph shall survive the termination of this License. 3. The Licensee agrees that it shall use the Licensed Premises in a manner typical and customary for the construction and use of a fence and landscaping improvements. The Licensee agrees that it shall use and occupy the Licensed Premises at its own risk, and the Licensor shall not be liable to Licensee for any injury or death to persons entering the Licensed Premises pursuant to the License, or loss or damage to vehicles, equipment, or other personal property of any nature whatsoever of the Licensee, or of anyone claiming by or through -the Licensee, that are brought upon the Licensed Premises pursuant to the License. Licensee shall be responsible for the condition of the fence and landscaping improvements and agrees to maintain them in good and safe condition and repair, at its sole cost and expense. Licensee agrees not to place or construct any additional structures or improvements in, on, under, over or across the Licensed Premises, or store any equipment, materials or property of any kind on the Licensed Premises. During the exercise of the rights hereby granted, the use of the Licensed Premises by Licensee shall not unreasonably interfere with the use of the Licensor's Property by the Licensor, and observe and obey directives of the Licensor as well as all applicable laws, statutes, ordinances, regulations and permitting or licensing requirements. 4. This License shall not be construed as creating or vesting in the Licensee any estate in the Licensed Premises, but only the limited right of possession as hereinabove stated. 5. This License is personal and exclusive to the Licensee and is not intended to run with the land. This License may be transferred or assigned only upon the expressed written consent of the Licensor. 6. This License represents the complete understanding and entire agreement between the parties hereto. Any prior agreements or understandings, whether written or oral, are hereby superseded and of no effect. 7. This License is to be interpreted under and construed in accordance with the laws of the Commonwealth of Massachusetts. The parties agree that venue for any dispute arising from this License will be the Nantucket District Court. 8. This License shall be revocable by either party upon written notice of revocation at least one hundred twenty (120) days prior to the termination date stated within said notice. This obligation shall survive the termination of this License. This License shall be terminated upon the Land Court's issuance of an Order to Issue a New Certificate of Title in the name of the Licensor for the Licensor's Property and the delivery of a Deed from the Licensor to the Licensee of the Licensor's Property. 9. The Licensee shall maintain during the term of this License public liability insurance, including coverage for bodily injury, wrongful death and property damage, in the minimum amount set forth herein to support the obligations of the Licensee under the terms and condition of this License to indemnify, defend and hold harmless the Licensor pursuant to insurance coverage on the Property held by the Licensee: General Liability $1,000,000.00 per occurrence; Bodily Injury Liability $2,000,000.00 per occurrence; and Property Damage Liability or a combined single limit of $2,000,000.00 annual aggregate limit. Prior to entering upon the Licensed Premises, and thereafter on or before January 1 of each year of the term of this License, Licensee shall provide the Licensor with a certificate of insurance in each case indicating the Licensor as an additional insured on the policy and showing compliance with the foregoing provisions. Licensee shall require the insurer to give at least thirty (30) days written notice of termination, reduction or cancelation of the policy to Licensor. Licensee or Licensee's contractors shall maintain workmen's compensation insurance during any site work, maintenance or repair on the Licensed Premises, as required by law. Licensee agrees that while any contractor is performing work on behalf of the Licensee at the Licensed Premises the contractor shall carry liability insurance and automobile liability insurance in amounts of General Liability and Automobile Liability insurance in amounts of $1,000,000.00, combined single limit and shall name the Licensor as an additional insured party. Prior to any construction or site work on the Licensed Premises performed by the Licensee or any contractor on behalf of the Licensee on the Licensed Premises, Licensee shall provide Licensor with a copy of the contractor's insurance certificate indicating liability insurance coverage as herein specified. EXECUTED as an instrument under seal as of the date first above written. LICENSOR: TOWN OF NANTUCKET By its Board of Selectmen Dawn E. Hill Holdgate Matthew G. Fee Jason Bridges Rita Higgins James R. Kelly 5 89651 NANT/ 19713 /0001 LICENSEE: Owner of 7 Clifford Street IC Carmine Giardini Sheila Giardini FLOAN2,11k,i Ybe Leader in Public Sector Law July 8, 2016 BY HAND Edmund A. Williams, Esq. Chief Title Examiner Land Court 3 Pemberton Square Boston, MA 02108 Re: Town of Nantucket — Parcels D, G and H, Harriet Street Case No. 17745 Dear Mr. Williams: 101 Arch Street, Boston, MA 02110 Tel: 617.556.0007 1 Fax: 617.654.1735 www.k-ptaw.com Vicki S. Marsh vmarsh@k-plaw.com I have been informed by Mr. Thomas Gavaghan that the proposed subdivision plan for Parcels D, G and H, Harriet Street is ready to be filed with the Land Court. The mylar is already with the Land Court. Enclosed please find the following documents for filing and approval of the Land Court: 1. Petition for Approval of Plan; 2. Petition for New Certificate of Title for Parcels D and G, Harriet Street; 3. Petition for New Certificate of Title for Parcel H, Harriet Street; 4. Checks for filing fee of plan in amounts of $40.00 for Parcel H, Harriet Street and $35 for Parcels D and G, Harriet Street; 5. Two checks in the amount of $50.00 for filing fee for the two Petitions for New Certificate of Title; and 6. Check in the amount of $50.00 for filing fee for Petition of Approval of Plan. Your prompt consideration of this matter is greatly appreciated. If you have any questions or need any additional documents on this matter, please do not hesitate to contact me. Very truly yours, Vicki S. Marsh V SM/ekh Enc. cc: Town Manager LZ'oning Administrator 559016/NANT/ 19712/0160 KP Law, P.C. I Boston • Worcester • Northampton • Lenox THE COMMONWEALTH OF MASSACHUSETTS LAND COURT PETITION FOR APPROVAL OF A PLAN Case No. 17745 Upon the petition of Vicki S. Marsh, Town Counsel for the Town of Nantucket, representing that; 1. Carmine Giardini and Sheila Giardini are the registered owners of 7 Clifford Street, Nantucket as described in Certificate of Title No. 20981; 2. Glenn Stewart and Judith R. Stewart are the registered owners of 40 Nobadeer Avenue, Nantucket as described in Certificate of Title No. 18180; 4. Petitioner has filed with the Engineering Department of the Land Court a subdivision plan of Land Court Plan No. 17745-F; and 5. Said plan delineates Parcels D, G and H, Harriet Street also known as Prospect Street. Petitioner prays that the Plan No. 17745- O be approved. p Signed under the pains and penalties of perjury, this 1i day of r, 2016 ��uiji )�!. Vicki S. Marsh, Esq.. Town Counsel BBO# 307040 KP I LAW 101 Arch Street Boston, MA 02110 559001NANT 19712/0160 THE COMMONWEALTH OF MASSACHUSETTS LAND COURT PETITION FOR NEW CERTIFICATE OF TITLE Case No. 17745 Upon the petition of Vicki S. Marsh, Town Counsel for the Town of Nantucket, representing that Certificate of Title No. 20981 issued by the Registry District of Nantucket County stands in the name of Carmine Giardini and Sheila Giardini; and further representing that the Town of Nantucket has taken, pursuant to the provisions of G.L. c. 79, as amended, the property shown as Parcel H, Harriet Street on Land Court Plan No. 17745-0 by Order of Taking dated May 28, 2014, and filed with said Land Court as Document No. 144719; and praying for a new certificate of title be issued in the name of the Town of Nantucket. Signed under the pains and penalties of perjury, this day off )!U , 2016. 1111� A�U'_ Vicki S. Marsh, Esq. Town Counsel BBO# 307040 KPILAW 101 Arch Street Boston, MA 02110 559007/NANT/19712/0160 THE COMMONWEALTH OF MASSACHUSETTS LAND COURT PETITION FOR NEW CERTIFICATE OF TITLE Case No. 17745 Upon the petition of Vicki S. Marsh, Town Counsel for the Town of Nantucket, representing that Certificate of Title No. 18180 issued by the Registry District of Nantucket County stands in the name of Glenn Stewart and Judith R. Stewart; and further representing that the Town of Nantucket has taken, pursuant to the provisions of G.L. c. 79, as amended, the property shown as Parcels D and G, Harriet Street on Land Court Plan No. 17745-0 by Order of Taking dated May 28, 2014, and filed with said Land Court as Document No. 144719; and praying for a new certificate of title be issued in the name of the Town of Nantucket. Signed under the pains and penalties of perjury, this liday of J 0 i , 2016. r 1A1. A Vicki S. Marsh, Esq. Town Counsel BB04 307040 KPILAW 101 Arch Street Boston, MA 02110 559003/NANT/ 19712/0160 Town of Nantucket Plan and �4 PROPERTY OWNER: Shiela & Carmine Giardini BOgRp OPF p ✓U� gss�ssORs 022013 T N,qN U KOp Mq MAILING ADDRESS: c/o Cohen & Cohen, 34 Main Street, Nantucket PROPERTY LOCATION: 7 Clifford Street, Nantucket, MA 02554 ASSESSOR MAP/PARCEL: 79/19 SUBMITTED BY: Cohen and Cohen Law PC SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139- 29B (2) . DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET ROSE HERBERT HOULIHAN M CYNTHIA GIARDINI CARMINE & SHEILA 1111 PARK AV 27 VAN BUREN AVE 202 W RIVERSIDE DR NEW YORK, NY 10128 W HARTFORD, CT 06107 JUPITER, FL 33469 6 CLIFFORD STREET LLC CC TOWNSEND 63 ALFRED DROWN ROAD BARRINGTON, RI 02806 SHUGRUE JOHN J & NANCY J PO BOX 1811 NANTUCKET, MA 02554 CONONICUS PARTNERS LLC 561 HARRINGTON AVE CONCORD, MA 01742 MAGEE CHRISTOPHER J & JANET E P 0 BOX 5262 NANTUCKET, MA 02554 ROSE ANNE M 1111 PARK AV NEW YORK, NY 10128 PLATT DANIEL T & JENNIFER 68 SCHOOL STREET HINGHAM, MA 02043 SURFSIDE NANTUCKET PARTNERS LP 63 ALFRED DROWNE RD BARRINGTON, RI 02806 THOMAS THOMAS M & FRENCH REBECCA T TR 3100 FOULKEWAYS GWYNEDD, PA 19436 TORRISI MICHAEL A & MARY E 38 HIGH ST ANDOVER, MA 01810 NOBLE PAUL E JR & ANNE J PO BOX 156 NANTUCKET, MA 02554 CLANCY JOSEPH F TR CLANCY J F REVOCABLE TRUST 112 BEACH STREET COHASSET, MA 02025 WILKINSON BETH ETAL 2167 DUNMORE LANE NW WASHINGTON, DC 20007 POLLACK RICHARD MICHAEL 218 SEASPRAY AV PALM BEACH, FL 33480 WALSH ANTHONY F & EDITH S 821 GREAT SPRINGS RD BRYN MAWR, PA 19010 STEWART GLENN & JUDITH R 6408 CUTTER RIDGE CT COLLEYVILLE, TX 76034 MOORE STARR 3330 CUMBERLAND BLVD SE #610 ATLANTA, GA 30339 HERBERT JAMES C & KATHLEEN H 227 AVONDALE ST HOUSTON, TX 77006 MSCISZ MARK TR 25 HIGH STREET TOPSFIELD, MA 01983 FIFTY NINE POCHICK AVENUE LLC 125 EAST 87TH STREET APT 9G NEW YORK, NY 10128 BROWN DENNIS G & PATRICIA L 203 EAST 72ND ST APT 26C NEW YORK, NY 10021 73 LOVERS LANE LLC 4310 36TH ST NW WASHINGTON, DC 20008 VILLAR ARTHUR CHRISTOPHER TR El 1515 15TH STREET NW APT # 607 WASHINGTON, DC 20005 NANTUCKET TOWN OF 16 BROAD ST NANTUCKET, MA 02554 ROOST AT NOBADEER LLC 35 NOBADEER AVE NANTUCKET, MA 02554 JACOBSON NATALIE SALATICH CARREY BERNARD S & VIRGINIA TRST BIRD ALPINE C ETAL TRS 37 NOBADEER AV 11021 VIA TUSCANY LN # 201 2 RIVER DR NANTUCKET, MA 02554 MIROMAR LAKES, FL 33913 ANNAPOLIS, MD 21403 �L WITHDRAWAL FORM TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 File No. 19 -19 Map 79 Parcel19 CL E 2019 SSP 13 PF 2: 26 APPLICANT(S): SHEILA GIARDINI & CARMINE GIARDINI 7 Clifford St - VARIANCE for installation of pool & pergola inside side yard setback. UPON THE REQUEST OF THE APPLICANT(S) MADE: PRIOR TO X AFTER PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS: THE WITHDRAWAL: ACKNOWLEDGE AS A MATTER RIGHT AND WITHOUT PREJUDICE X APPROVE WITHOUT PREJUDICE APPROVE, BUT WITH PREJUDICE X IN FULL OF THE SAID APPLICATION OF SO MUCH OF SAID APPLICATION AS: The Zoning Board of Appeals DATED: �jJ//� / /� Eleanor Weller Antonietti, / ( d Zoning Administrator 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile