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APPLICATION
Fee: $300.00 File No.
Owner's name(s): % G%r V 2 f/ hGLi
Mailing address:,
Phone Number: ,� ( -30267',,2 f rS` E- Mai1:1 e-,z lal)4 &-ey
Applicant's name(s):
Mailing Address: d4 t'� tS i`/1 �5 In, /1" A,(c� )- Y7,,9- 02
Phone Number: :/ E- Mail:`
Locus Address: i 3 A%jaJ -kwjt A!5,,t Assessor's Map /Parcel:
Land Court Plan /Plan Book & Page /Plan File No.:
Deed Reference /Certificate of Title: Zoning District
Uses on Lot- Commercial: None. ` Yes (describe)
Residential: Number of dwellings Duplex r' Apartments ,
Date of Structure(s): all pre -date 7/72 , k or
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Building Permit Numbers: tJ
Previous Zoning Board Application Numbers: NIA
2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
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State below or attach a separate addendum of specific special permits or variance relief
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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*
for:
SIGNATURE: ! Applicant /Attorney /Agent*
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on: l /_� /_ By :. Complete: 1 Need Copies:
Filed with Town Clerk:_ /_/_ Planning Board:_ /J_ Building Dept.:_ /_ /_ By:! ;' I
Fee deposited with Town Treasurer:_ /_ /_ By:_ j Waiver requested:;
Granted: / '/ Hearing notice posted with Town Clerk:—/—/- Mailed:
I &M ' /_ /_r & �/ /,_1, Hearing(s) held on: /_:/ Opened on:—;
Continued to:' If ?/_ Withdrawn: /_ /_I Decision Due By 1/ Decision
Made:_i/ /_; Filed w /Town Clerk:
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2 Fairgrounds Road Nantucket Massachusetts 02554
508 - 228 -7215 telephone 508 - 228 -7298 facsimile
August �8, 2012
To Whom It May Concern:
My intent is to open and run a doggie day care facility at 3 Newtown Rd. where I
currently live. This personal service will strictly be a day care for dogs only. There will
be no kernels on the property and no overnight boarding. Hours of operation
tentatively be from 7:00 a.m. until 5:00 p.m. Monday through Friday. The dog dily care
will be closed on weekends and major holidays.
On the property there are five parking spaces available for customers during drop
off and pick up times. I am planning to organize staggered times for drop off andl pick up
of customer's dogs in order to have ample room for parking. There is also a
contained, fenced in yard behind the house for exercising the dogs. During
weather the dogs will also have access to one large room inside the house.
To start out, I am currently thinking of taking in 5 -7 dogs each day. I wily only
accept non - aggressive dogs with a sound temperament. The dogs will be require to be
up to date with vaccines. I realize sound and noise are important in my neighborhood.
All the dogs will be supervised at all times both outside and inside during hours o
operation. I will not allow constant barking and will be aware and considerate of any
noise the dogs make while outside playing. No dog will be left alone or unattended at
any time.
I am a licensed veterinary technician with an associate's degree in A
Animal Science. I have experience working with animals in shelters and animal hospitals.
The dog's physical and mental health, cleanliness of the dog yard, up to date
exercise, supervision and safety are all important to me and top priority. Therefore, I do
not see any issues with running a doggie day care at my home.
The people of Nantucket love their dogs and treat them like members
family. I want to provide a safe, healthy and happy environment for these island
am excited and eager to open up a doggie daycare for the Nantucket community.
Sincerely,
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Catherine M. Mack
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Town of Nantucket
Zoning Board of Appeals
RECEIVED
BOARD OF ASSESSORS
AUG 21 2012
TOWN OF
NANTUCKET, MA
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER.... ....... V7 ... ..................................
MAILING ADDRESS........ /�... ��. V !'i V, ........................
PROPERTY LOCATION..... ..........................
ASSESSOR MAP/PARCEL..... ......
..........................
SUBMITTED BY. ........v�_�i�/....QV►.I....... ��.:?I ...........
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)•
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Date: November 9, 2012
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
059 -12
Owner /Applicant: HARVEY E. LYNCH AS OWNER;
CATHY MACK AS APPLICANT
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 a
complaint in Land 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.
S. Q CSI
Edward S. Toole, Chairman
cc: Town Clerk
Planning Board
Building Commissioner /Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY -LAW SECTION 139 -30 (SPECIAL PERMITS); SECTION 139 -32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508 - 228 -7215.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 55, Parcel 210 Deeds Book 758, Page 288
3 Newtown Road Plan File No. 46 -F
Residential - 10
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, October 11, 2012, at 1:00 P.M., 4
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of HARVEY E. LYNCH AS
OWNER; CATHY MACK AS APPLICANT, 3 Newtown Road, Nantucket,
Massachusetts 02554, File No. 059 -12:
2. Applicant is requesting Special Permit relief pursuant
to Nantucket Zoning Bylaw Section 139 -7a (uses by special
permit) for personal services in order to operate a commercial
use on the Locus. The Applicant proposes to operate a "doggie
day- care" facility. Personal services are allowed by Special
Permit in the Residential - 10 zoning district. The Locus is
situated at 3 Newtown Road, is shown on Nantucket Tax Assessor's
Map 55 as Parcel 210, is shown on Plan File 46 -F, and is
recorded at the Nantucket County Registry of Deeds in Book 758,
Page 288. The site is zoned Residential - 10.
3. Our decision is based upon the application and
accompanying materials, representations, and testimony received
at our public hearing. There was no Planning Board
recommendation on the basis that no matters of planning concern
were presented. There were letters both in favor of, and in
opposition to, the application. At the hearing abutters spoke
in favor of, and in opposition to, the application.
4. Cathy Mack represented herself at the hearing. Ms.
Mack explained to the Board that she is requesting Special
Permit relief pursuant to Nantucket Zoning Bylaw Section 139 -7a
(uses allowed by special permit) in order to operate a
commercial use (personal services) on the Locus. Specifically,
she is proposing to operate a "doggie day- care" facility on the
Locus. After a discussion with the Zoning Enforcement Officer,
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it was determined that this type of commercial operation would
be categorized a personal service and required Special Permit
relief from the Board of Appeals.
Ms. Mack explained that she lives at 3 Newtown Road and is
proposing that there will be no kennels or overnight boarding in
connection with the business. The hours of operation shall be
from 7:00 a.m. until 5:00 p.m., Monday through Friday. The
doggie day -care shall be closed on weekends and major holidays.
To start, the Applicant is proposing to take in five (5) to
seven (7) dogs each day.
The Locus also contains a fenced -in yard for the dogs to
exercise and there are five (5) parking spaces on the Locus that
will be available for customers during drop -off and pick -up
times. Additionally, Ms. Mack plans on staggering the times of
the drop -offs and pick -ups in order to mitigate any increase in
traffic on Newtown Road.
Elizabeth Cody, a direct abutter, expressed her concern with the
application. Specifically, Ms. Cody was concerned about the
amount of noise the business will generate. Ms. Cody also
wondered how sanitary the business would be, given how many dogs
would be staying on the site.
The Board and Ms. Mack agreed that limiting the total number of
dogs to five (5) and updating the Board in October 2013 would
alleviate some of the concerns of the abutters. The Board also
suggested that Ms. Cody's letter be attached to their decision
for reference. Said letter is attached hereto as "Exhibit A."
5. Therefore, after a discussion with the Applicant, the
Board finds that such Special Permit relief pursuant to
Nantucket Zoning Bylaw Section 139 -7.A for personal services
would in harmony with the general purpose and intent of the
Zoning Bylaw because of although this is a business in a
commercial neighborhood, the steps are being taken to mitigate
its intensity.
6. Accordingly, by a UNANIMOUS vote of the sitting Board,
the Board of Appeals made the finding that such Special Permit
relief pursuant to Nantucket Zoning Bylaw Sections 139 -7.A for
personal services to operate a "doggie day- care" facility at 3
Newtown Road would be in harmony with the general purpose and
intent of the Zoning Bylaw with the following conditions:
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a. That there shall be no more than a total of five (5) dogs
at the facility at any given time;
b. That the hours of operation shall be from 7:00 A.M. to
5:00 P.M., Monday through Friday, and the facility shall
be closed on Holidays and weekends; and,
c. That the Applicant shall come back before the Board of
Appeals in October 2013 to discuss the business and any
neighborhood concerns relating to the commercial business
on the Locus.
SIGNATURE PAGE TO FOLLOW
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Dated: N �` -L 1 '2012
COMMONWEALTH OF
Nantucket, ss.
Lisa Botticelli
Michael e tro
eoffrey Thayer
MASSACHUSETTS
IV I C , 2012
On this -�— day o 2012, before me, the undersigned Notary Public, personally appeared
who is personally known to me, and who is the person whose
name is signed on the preceding or attached document, and who acknowledged to me that he /bb signed it
voluntarily for its stated purpose.
, I 0�-5 --
Notary P c
My commission expires: Z /fig /Ufq
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Air. &Mrs. Joseph M. Cody
5 Newtown Rd
Nantucket, MA 02554 -2807
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