HomeMy WebLinkAbout006-11 Congleton, William & Kirsten
VAUGHAN, DALE, HUNTER, STETINA AND BEAUDETTE
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PROFESSIONAL CORPORATION
-EDWARD FOLEY V AlJGHAN
KEvrn F. DALE
WILLIAM F.HUNTER
MARTIN JEFFREY STETINA
RICHARD P. BEAUDETTE
ATTORNEYS AT LAW
WHALER'S LANE
P.O. Box 659
NANTUCKET, MAsSACHUSETTS 02554
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TEL: 1508) 228-4455
FAX: (508) 228-3070
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December 16, 2010
John Brescher, Esquire
Nantucket Zoning Board of Appeals
Fairgrounds Road
Nantucket, MA 02554
Re: Special Permit Request
William and Kirsten Congleton
14 Pine Crest Drive
Nantucket, Massachusetts 02554
Dear John:
On behalf of my clients, William and Kirsten Congleton, enclosed is an
application for Special Permit relief with supporting documentation attached. I enclose
four (4) duplicate counterparts to accompany the original application and the required
filing fee in the amount of $300.00.
Please mark this matter for hearing by the Nantucket Zoning Board of Appeals at
its January Public Hearing. Thank you for your help in this matter. Please feel free to
call me should you have questions.
Sincerely,
~~
Richard P. Beaudette
RPB/
Enclosures
Cc: Nantucket Town Clerk
William and Kirsten Congleton
Sarah F. Alger, PC
1
t. Print Form
TOWN OF NANTUCKET
BQAJU10F APPEALS
NANTUCKET, MA'.02554 .
APPLICATION
Fee: $300.00
File No. 00(,- IJ
Owner's name(s): James F. Bennett and Deborah B. Bennett
Mailing address: r:ln S::lr::lh F Alger, PC. ? S Water Street, Nantucket 02554
Phone Number: 508-228-1118
E-Mail:
Applicant's natne(s): William and Kirsten Conqleton
Mailing Address: c/o Vaughan,Dale Hunter. Stetina. and Beaudette, PC
Phone Number: 508-228-4455
E-Mail: rick@vaughandaleandhunter.com
Locus Address: 14 Pine Crest Drive
Assessor's ~!ap/Parcel: 68/431
Land Court Plan/Plan Book & Page/Plan File No.: Lot 531 Land Ct. Plan 16514-24
Deed Reference/Certificate of Title: Cert 2137dZonlng District RC-2
Uses on Lot- Commercial: None...L Yes (describe)
Residential: Ntunber of dwellings 1 Duplex
Apartments
Date of Structure(s): all pre-;-date 7/72
or 1996
Building Pettnit Numbers: 12501-95
Pte\rious Zoning Board Application Nwnbers: None
2 Fairgrounda Road Nantucket Massachu8etts 02554
508-228-7215 telephone 508-228-7298 facsimile
Shtte below ot atmch a separate addeudUln of specific special permits os: 'VarIanco relief applying foz::
r cettlfy that the itlfOl'matiOll contained here!n.ls substantiaUy complete and mle to the
best of my knowledge, uncle!: the pains aod penalties of petjuty.
SIGNATURE:
~~---_.
Owne.t*
SIGNATURE:_'Zrvt- ~ tcfi
Applicant/Attorney / Agent*
*rf an Agent is tcprcscntiog the OW.l1et or the AppJicll.l1t. please provide ~ signed proof of agency.
OFFICE USE ONLY
Application received OD:. -L/ _ 'BY'~ Colnplete:_ Need Copies:~
Filed with Town CJ.erk:..J J _ Planning Board:J J _ Building Dept.:_/ J _ Br- _
Fee deposited with Town T-r.C'rtsoter.J J ~ BY'~ Waiver requested:
Gtattted:_I_/_ Hearlngnotice posted with Town C!ctlc_LI_ Mailed: 1_1_
I&hLI _/ _ &_1_1_ Heating(ll) held on; _1_1_ Opened on :_1_1_
ContihUed to: I I Withdmwn: I I Decision Dlle By: I /
Made; / T Filed wlTown Cle.d; 7 / Mailed; //--
--- ---- ---
2 Palrgco\Ulds Road Nl\I1tucket MassBchu8Clfts 02554
508.228.7215 telephone 50&-228-7298 facsJmHe
ADDENDUM
The Applicants, William and Kirsten Congleton, contract purchasers, request
Special Perrnitrelief for the property located at 14 Pine Crest Drive, Nantucket
(hereinafter the "Property"). The locus is shown as Nantucket Town Assessor's Map 68,
Parcel 431, which is shown on Land Court Plan 16514-24 as Lot 531, attached hereto as
Exhibit A.
The subject Property is located in the Residential Commercial- 2 ("RC-2) zoning
district. The Applicants, are seeking relief by Special Permit under Nantucket Zoning
By-law ~139-7 and ~139-30 to operate a landscape contractor business with interior and
exterior storage and warehousing. Existing on the.Property is a single family dwelling on
the rear of the lot which the applicants intend to make their primary dwelling for their
family. The Applicants are seeking permission to operate a landscape contractor business
on the front portion of the Property to include parking for 6 vehicles and storage of 3
trailers as well as two 12 x 20 storage sheds as shown on the site plan attached hereto as
Exhibit B. The site plan includes parking for eight (8) vehicles total on the Property
configured as 2 conforming parking spaces for the single family residence located on the
back of the Property and 6 conforming parking spaces for the commercial use on the
front portion of the Property. There is no specific parking calculation delineated in the
zoning bylaw for this use. Therefore, the applicant has calculated the parking required on
site as follows: 2 spaces for the residential dwelling; 5 spaces for employees at peak shift,
and 1 space for the gross floor area of the sheds. In addition, the site plan provides three
(3) storage spaces for the 3 trailers used by the applicant's landscaping business.
Access to the back residential portion of the Property is down Pine Crest Drive.
Access to the front commercial portion of the property is down a paved driveway
easement off old south road which wraps around to the back of commercial portion as
shown on the Nantucket Web GIS Photo attached hereto as Exhibit C. Therefore, no
ac.cess to the Property exists directly off Old South Road
In addition, the Applicants are seeking relief by Special Permit under Nantucket
Zoning By-law ~139-20 to waive the loading zone requirement. The type of business
which would be conducted on-site would essentially be storage relative to the landscape
business. Therefore any materials used in association with the business will be purchased
1
off-site or delivered directly to their [mal destination by third parties. Accordingly, a
waiver of the loading zone requirement would be in harmony with the general purpose
and intent of the Zoning By-law and would have no significant adverse impact on the
scenic integrity of the neighborhood. In addition, such waiver would not be contrary to
sound traffic, parking or safety considerations because the activities performed on..ite
would not require the use of large delivery vehicles.
The applicants' proposed use and structures are in harmony with the general
purpose' and intent of the bylaw. The uses are consistent with the historical use of
properties in the RC-2 zoning district and this Property is located in a general area used
by many landscape contractors. In addition, the applicant is proposing to screen all four
sides of the Property with privet and cedar trees. Finally, all access to the commercial
portion of the property will be through an interior roadway and not directly off Old South
Road. Accordingly, the applicant respectfully requests that the Board grant the requested
Special Permit relief.
2
EXHIBIT A
Exhibit A
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SUBDIVISION PLAN OF LAND IN NANTUCKET
Hayes Engineering Inc., Surveyors
October 22, 1991
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No.
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(33.00 5 76'JO '37'E WltIo)
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PIaIIN..
165146 sI12'
Subdivision of Lots 4B2 through 499
Shown on Plan 16514-22 Sh. 1 and 2
Filed with Cert. of Title No.-l-3-~~5:' __
Registry District of Nantucket County
Separate certificates of title /IIay be issued for land
shown hereon aniOd 'l1s 2 thrOU!l!.~5 as ~ ].18 through 535
- T- ------;--7 - -7
By the Court. L/
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DEC. 4, 1991 - - - - - _..c!: - - - 'Xl
. - - - - - - - . Ili 'f'utlr.
SJK H.B. ~JJ4 .
Plan
16514-24
36941 A
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KEY SHEET
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Copy of part of plan
- filed in' -
LAND RE6ISTRA TION OFFICE
----- DEC. 4.1991 -----.
SCale of this plan 150 feet to 811 inch
Louis A. MJore, Engineer for court
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EXHIBIT B
Exhibit B
4'-5' PRIVET
q' X .20' PAAKING
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TYP. OF 6
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Rm.JRE SITE OF MAIN
BUILDING
q' X .20' TRAILER
STORAGE, TYP. OF :3
10' X 1.2' CEDARS
6'FENc.E
o ENLARGED SITE PLAN
1/16" = 1'-0"
XISTING 2 C.AR
PARKING
EXISTING MAIN
RESIDENC.E
NE~ SHEDS
o 51TE PLAN
I 1/64. = 1'-0.
EXHIBIT C
Town of Nantucket Web GIS - Printable Map
Exhibit C
Page 1 of 1
Town of Nantucket Web GIS
Prop ID
Address
OWner
Sale Date
Sale Price
Book/Page
Lot Size
68 431
14 PINE CREST DR
BENNETT JAMES F JR &
DEBORAH B
14 PINE CREST DRIVE
NANTUCKET, MA 2554
08/18/2004
$1,125,000
C0021370
1.1 acres
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Disclaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
Ail information is from the Town of Nantucket
Geographic Information System (GIS) database.
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Town of Nantucket, Massachusetts
Map Composed
12/15/2010
Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo
http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve=Width&Map Width=86... 12/15/2010
Town of Nantucket Web GIS - Printable Map
Page 1 of 1
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
68 431
14 PINE CREST DR
BENNETT JAMES F JR &
DEBORAH B
14 PINE CREST DRIVE
NANTUCKET, MA 2554
08/18/2004
$1,125,000
C0021370
1.1 acres
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Disclaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
Geographic Information System (GIS) database.
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Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo
.-------------------
Town of Nantucket, Massachusetts
Map Composed
12/15/2010
http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserv.e= Width&Map Width= 17... 12/15/2010
Fee: $300.00
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
File No.fkt -t,
Owner's name(s): James F. Bennett and Deborah B. Bennett
Mailing address: cln S::lr::lh F Alger, PC. 2 S Water Street, Nantucket 02554
Phone Number: 508-228-1118
E-Mail:
Applicant's name(s): William and Kirsten Conqleton
Mailing Address: c/o Vaughan, Dale Hunter. Stetina. and Beaudette, PC
Phone Number: 508-228-4455
Print Form
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E-Mail: rick@vaughandaleandhunter.com
Locus Address: 14 Pine Crest Drive
Assessor's Map/Parcel: 68/431
Land Court Plan/Plan Book & Page/Plan File No.: Lot 531 Land Ct. Plan 16514-24
Deed Reference/Certificate of Title: Cart 2137dZoning District RC-2
Uses on Lot- Cotntnercial: None......L Yes (describe)
Residential: Number of dwellings 1 Duplex
Apartments
Date of Structure(s): all pre-date 7/72
or 1996
Building Pennit Numbers: 12501-95
Pre'\rious Zoning Board Application Numbers: None
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Stltte below or Attach a separate addendum of specific epecW. permits or varianco rellef applying fos::
r celtify that the il1fol'matiou contained he.rdn.ls substantially complete and tt\.1e to the
best of my knowledge. uncle!: the pains aDd penalties of pe1juty.
TJ____--.
SIGNATURE: ~
SIGNATURE:_';~ ~ ~
Ownet*
Applicantl Attorney / Agent*
*rf an Agent is teprcscnting the Owner or the Applicant. p1ellse provide a signed proof of agency.
OFFICE USE ONLY
Application received OD: -L/ _ 'BY'~ Complete: _ Need Copies:~
Filed with Town CJ.etk:..LJ _ Planni1-lg Board:,J J _ Building Dept.:j .J ~ By: _
Fee deposited with Town T-r.easoter..J J ~ :BY"~ Waiver requested:
Granted:_/ _1_ Heating notice posted with'l'own Cktlc_1 J _ Mailed: 1_1_
I&I\L/_/_ &_1_1_ HeRting(s) held on:._I_I_ Opened on =_1_1_
Contihlled 00=-/_/ _ Withdtawn~/ _/ _ Dedsion Doe By: _/ _/_
Made: / 1 Filed w /Town eleJ:k:: I / Mailed; I /
--- ---- ---
2 Falrgrounds Road Nantucket Ml\llllllChu8<:fts 02554
50B.228.7215 telephone 508-228-7298 f'acsJmUe
ADDENDUM
The Applicants, William and Kirsten Congleton, contract purchasers, request
Special Permit relief for the property located at 14 Pine Crest Drive, Nantucket
(hereinafter the '~Property"). The locus is shown as Nantucket Town Assessor's Map 68,
Parcel 431, which is shown on Land Court Plan 16514-24 as Lot 531, attached hereto as
Exhibit A.
The subject Property is located in the Residential Commercial- 2 ("RC-2) zoning
district. The Applicants, are seeking relief by Special Permit under Nantucket Zoning
By-law ~139-7 and ~139-30 to operate a landscape contractor business with interior and
exterior storage and warehousing. Existing on the Property is a single family dwelling on
the rear of the lot which the applicants intend to make their primary dwelling for their
family. The Applicants are seeking permission to operate a landscape contractor business
on the front portion of the Property to include parking for 6 vehicles and storage of 3
trailers as well as two 12 x 20 storage sheds as shown on the site plan attached hereto as
Exhibit B. The site plan includes parking for eight (8) vehicles total on the Property
configured as 2 conforming parking spaces for the single family residence located on the
back of the Property and 6 conforming parking spaces for the commercial use on the
front portion of the Property. There is no specific parking calculation delineated in the
zoning bylaw for this use. Therefore, the applicant has calculated the parking required on
site as follows: 2 spaces for the residential dwelling; 5 spaces for employees at peak shift,
and 1 space for the gross floor area of the sheds. In addition, the site plan provides three
(3) storage spaces for the 3 trailers used by the applicant's landscaping business.
Access to the back residential portion of the Property is down Pine Crest Drive.
Access to the front commercial portion of the property is down a paved driveway
easement off old south road which wraps around to the back of commercial portion as
shown on the Nantucket Web GIS Photo attached hereto as Exhibit C. Therefore, no
access to the Property exists directly off Old South Road
In addition, the Applicants are seeking relief by Special Permit under Nantucket
Zoning By-law ~139-20 to waive the loading zone requirement. The type of business
which would be conducted on-site would essentially be storage relative to the landscape
business. Therefore any materials used in association with the business will be purchased
1
off-site or delivered directly to their fmal destination by third parties. Accordingly, a
waiver of the loading zone requirement would be in harmony with the general purpose
and intent of the Zoning By-Iaw.and would have no significant adverse impact on the
scenic integrity of the neighborhood. In addition, such waiver would not be contrary to
sound traffic, parking or safety considerations because the activities performed on-site
would not require the use of large delivery vehicles.
The applicants' proposed use and structures are in harmony with the general
purpose and intent of the bylaw. The uses are consistent with the historical use of
properties in the RC-2 zoning district and this Property is located in a general area used
by many landscape contractors. In addition, the applicant is proposing to screen all four
sides of the Property with privet and cedar trees. Finally, all access to the commercial
portion of the property will be through an interior roadway and not directly off Old South
Road. Accordingly, the applicant respectfully requests that the Board grant the requested
Special Permit relief.
2
EXHIBIT A
Exlribn'A
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16514-24
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523 ~ 524 513 534 .)
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SUBDIVISION PLAN OF 'LAND IN NANTUCKET
Hayes Engineering Inc., Surveyors
October 22, 1991
KEY SHEET
Sheet 1 of 5
LC.
No.
,s694114
(.s.s.OO S 76'JO'3rE 1Wdtr)
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Plan .N..
16514 G slJ.E .
Subdivision of Lots 482 through 499
Shown on Plan 16514-22 Sh. 1 and 2
Filed with Cert. of Title NO.+3...~~5:' __
Registry District of Nantucket County
Separate certificates of title lIIay be issued for land
sho/(n hereon ':JG.(t1dl _S115 _2_f;JJc..oY,;~ __5__8 75 ~o -1-.~B through 535
By the Court. L-/ l/
. W (.~ ,\
DEC. 4, 1991 - - - - - _L::: - - - 'xi
- - - - - - - _ . II. V'atlr.
~ N.B. ~JU .
Copy of part of plan
- fned in' -
LAND RE6ISTRA TION OFFICE
----- DEC. 4, 1991 -----
Seale of this plan 150 feet to an inch
Louis A. Noore. Enl1ineer for COurt
Pion
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EXHIBIT B
Exhibit B
4'-5' PRIVET
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"I' X 20' PARKIN5
AAEA,
'TYP. OF b
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"I' X 20' TRAILER
5T0AA5E, 'TYP. OF S
I
10' X 12' CEDARS
b'FENc.E
o ENLARGED SITE PLAN
1/16" = 1'-0"
XISTING 2 C.AR
PARKING
EXISTING MAIN
RESIDENC.E
8 SITE PLAN
I 1/64" = 1'-0"
EXHIBIT C
Town of Nantucket Web GIS - Printable Map
Exhibit C
Page 1 of 1
Town of Nantucket Web GIS
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
68431
14 PINE CREST DR
BENNETT JAMES F JR &
DEBORAH B
14 PINE CREST DRIVE
NANlUCKET, MA 2554
08{18{2004
$1,125,000
C0021370
1.1 acres
e
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator,
Disdaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
Geographic Information System (GIS) database.
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~~~ r--~j~...~
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Town of Nantucket, Massachusetts
Map Composed
12/15/2010
Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo
http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve=Width&Map Width=86... 12/15/2010
Town of Nantucket Web GIS - Printable Map
Page 1 of 1
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size .
68 431
14 PINE CREST DR
BENNETT JAMES F JR &
DEBORAH B
14 PINE CREST DRIVE
NANTUCKET, MA 2554
08/18/2004
$1,125,000
C0021370
1.1 acres
-'.
NOT A LEGAL DOCUMENT
ii..
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For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator,
"-"
----------~-~-----~--- .--
Disdaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
. Geographic Information System (GIS) database.
Map Composed
12/15/2010
Town of Nantucket, Massachusetts
Copyright 2005 Town of Nantucket. MA. All rights reserved. Developed by AppGeo
http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve= Width&Map Width=17... 12/15/2010
VAUGHAN, DALE, HUNTER, STETINA AND BEAUDETTE
PROFESSIONAL CORPORATION
EDWARD FOLEY VAUGHAN
KEVIN F, DALE
WILLIAMF. HUNTER
MARTIN JEFFREY STETINA
RICHARD P. BEAUDETTE
ATTORNEYS AT LAW
WHALER'S LANE
P.D. Box 659
NANTUCKET, MASSACHUSETTS 02554
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TEL: 1508)228-4455
FAX: (508) 228-3070
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January 11,2011
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LORI D'ELIA
John Brescher, Esquire
Nantucket Zoning Board of Appeals
Fairgrounds Road
Nantucket, MA 02554
Re: Special Permit Request Withdrawal
William and Kirsten Congleton
14 Pine Crest Drive
Nantucket, Massachusetts 02554
Dear John:
On behalf of my clients, William and Kirsten Congleton, enclosed is a completed
withdrawal form for the above referenced special permit application. Please accept this
letter as my client's request that the Board grant the withdrawal without prejudice. My
clients have decided not to move forward with the purchase of the property.
Thank you for your help in this matter and please feel free to call me should you
have questions.
Sincerely,
~
Richard P. Beaudette
RPB/
Enclosures
Cc: Nantucket Town Clerk
William and Kirsten Congleton
Sarah F. Alger, PC
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TOWN OF NANTUCKET
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WITHDRAWAL FORM .
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APPLICANT(S): Wini8'ITL.?D_d Kirsten Coogleton, Contract Purc_hasers
UPON THE REQUEST OF THE APPLICANT(S) MADE:
PRIOR TO
x AFTER
PUBLICATION OF NOTICE OF A PUBLIC HEARING ON TIlE ABOVE CAPTIONED
APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS:
ACKNOWLEDGE AS A MATTER
RIGHT AND WITHOUT PREJUDICE
APPROVE WITHOUT PREJUDICE
APPROVE, BUT WITH PREJUDICE
THE WITIIDRA W AL:
IN FULL OF THE SAID
APPLICATION
OF SO MUCH OF SAID
APPLICATION AS:
The Zoning Board of Appeals
DATED:
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephonc 508-228-7298 facsimile
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WITHDRAWAL FORM
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APPLICANT(S):
UPON THE REQUEST OF THE APPLICANT(S) MADE:
PRIOR TO
1\ AFTER
PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED
APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS:
ACKNOWLEDGE AS A MATTER
RIGHT AND WITHOUT PREmDlCE
K
APPROVE WITHOUT PREmDlCE
APPROVE, BUT WITH PREmDlCE
--'-- IN FULL OF THE SAID
APPLICATION
THE WITHDRAWAL:
OF SO MUCH OF SAID
APPLICATION AS:
The Zoning Board of Appeals
DATED:
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2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile