HomeMy WebLinkAbout070-13 3 Newtown Roadn
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TOWN OF NANTUCKET N
BOARD OF APPEALS
NANTUCKET, MA 02554 �
APPLICATION
Fee: $300.00 File No.Oh -13
Owner's tatne(s): I'LC, //
Mailing address: Q O K /' k'? 4
Phone Number f71R-.3dS'- a-5B"6' E -Mail n.�,L+.1, {�c_r ✓2I'oim[u�COm
A li=es names : n r /
Mailing Address: 7e.J sP/-✓ /��eh7u li7/�O'$'c
Phone Number. 5- 08- 33a- e1b/ay E -Marl cs5f� minis O��u �.vo, Ceps
Locus Address:. vn)&"? k1 at'- IPsi _Assessors MaP ///Parcel: e^.S -e�- /n
Land Court Plan/Plan Book & Page/Plsn File NO.aok 74 /1-I. 2P,' ell L-46
Deed Reference /Certificate of Title: Zoning Dismr -/
Uses on Lot- Commercial: None ✓ Yes (describe)
Resdential: Numhet of dwellings -Duplc I-- Apattments
Date of Snucture(s): all pre -date 7/72 k or /94 9,
Building Permit Numbers:
Previous Zoning Board Application Numbers: /
Fairgrounds Road Nantucket Massachusetts 02554
508 -228 -7215 telephone 508- 228 -7298 facsimile
State below or attach a s crate addendum of specific special perry s or variance relief applying for.
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I certify that the infom,ation contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE: X ,:;� Owner*
*If an Agent is representing the Owner or the Apphrsnt, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on:— / —J—By— Complete_ Need Copies:_
Filed with Town rh it JJ_ planning BoardJJ_ Building Dept*.JJ— By._
Fee deposited with Town TreasutaJJ_ By_ Waiver requested_
Gnnted:JJ_ Hearing notice posted with Town C1eticJJ- M2fled-JJ-
I&MJJ— &JJ— Hearing {s) held oaJJ— Opened on :JJ-
Continued to:JJ— Withdraw — /J— Decision Due ByJJ-
Made:JJ— Filed w /Town C1 —J-1— M2&-cLJJ-
2 paitgaounds Road Nantucket Mae. achnsetts 02554
508 -228 -1215 telephone 508- 228 -7298 fac.imile
aeMUCrpr� zD .NO.
~P9POPAT� ^ C o_
TOWN OF NANTUCKET M m
BOARD OF APPEALS o m
NANTUCKET, MASSACHUSETTS 0150
r S
A O
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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:
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 £ilea with -tom of£ ice -o£ -- the - Nan�u-ckeg-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.
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 (SPECIA_T pERMITS); SECTION 139 -32
(TrA=2j,CES) . 7LNY QUESTIONS, P "i.EAS€ CLLL THE JPP_NTUCCET ZONING- B01URD
OF !�_IPEALS OFFICE AT 508 - 228 -72-15.
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 requesfing Special Permit relief pursuant - -
to Nantucket Zoning Bylaw Section 139 -7a (uses by special
Fy i�.,�%.�nn�.as..c^n a.L- services --i ^�R�r +^ ^pe,rat n erciai
use on the Locus. The Applicant proposes to operate a "doggie
- - -- - -- - -- day = care " -- facility: Personat - servrces- are— aYlowed__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 2B8. 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,
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
an s
wondered how sanitary the business would be, g' how Y dogs
�..nu1d_be.s.taying -on- the -site
- - - - - -- -The- Board- and -Ms. - Mack'-agreed -that - limttin - the total -number -o£--- --
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:
2
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
9
Dated: '2012
SS.
name m stgaw on
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Michael a txo
offrey Thayer
. COMMONWEALTH OF MASSACHUSETTS -
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Nantucket Zoning Board of Appeals
2 Fairgrounds Road
Nantucket, MA 02554
To Whom It May Concern:
OCT ^9
- -Q
We just received on Friday October 25, 2013 notice of a public hearing for
Modification to a previously issued Special Permit for operation of a "doggie daycare
facility" at 3 Newtown Road also known as Assessor's Map 55 Parcel 210.
We are against any expansion of this current operation. We opposed this original
application on the premises that businesses do not belong in a residential area We were
total dismayed that the original permit was granted. Granting an additional 5 dogs now
turns this into a dog kennel.
After 20 years of vacationing on the island we decided to purchase a property to
enjoy the peaceful ocean breezes and the old time charm that Nantucket is famous for.
We do not wish this to be tainted by the sounds and smells associated with the housing of
10 dogs nor do we look forward to the added traffic to an already busy residential street.
We ask that the board do the right thing, do not allow expansion.
Regards,
Clay & Diane Hopper
4 Newtown Road
Support for the Comforts of Home Pet Care (3 Newtown Rd) BY:
I am writing this testimonial to show my support for Cathy's doggie daycare business. Cathy has always
exhibited the highest level of professionalism in her work. She is a deeply caring individual who puts the
needs of the pets in her care above all else. The pet owners of the Island are fortunate to have her
available to aid in the care and husbandry of their pets. As her nearest neighbor, who also shares a
common driveway and parking, I am happy to report that we have not had any incidents of congested
traffic nor parking issues since she opened up her operation last yew. The yard is new and clean at all
times. The dogs go out on "field trips' several times a day to run and frolic in our community's walking
area and when they return to the house, they are tired and happy, as a result diem is no excessive noise
or barking.
I highly recommend her to you as she endeavors to expand the scope of her business. Please give her
your deepest consideration and let her grow her successful daycare venture.
Sincere
U
Vallorie A. Oliver (3B Newtown Road)
/4' J' e-1 3
Nantucket Zoning Board of Appeals ,
BY
To whom it may concern,
We are writing again on behalf of Cathy Mack, in full support of her having more
dogs at her doggie day -care business at 3 Newtown Rd. We appreciate all the
wonderful local businesses in our mid town residentailfcommercial area and her
business is a positive asset to them. In our area there are many businesses
including Wee Whalers Day Care Center, a woodworking shop for the Nantucket
Yacht Club, Michael Wilson attorney, Nantucket Police Department, Nantucket
Fire Department and Stop and Shop grocery store, just to name a few. We are
full time year round residents on Newtown Rd., Cathy's neighbors and relatives
and we ran assure you that her space inside and out is wonderful and nothing
but clean, organized and odor free! We stop by there often with our children to
play with the dogs. All the dogs are super sweet and very well taken care of!
There is no annoying noise. There are no parking issues or traffic issues related
to her customers. We are very happy with the outcome of her new business and
fully support it.
Thank ou!
Rebecca Mack , V
Jerome Mack
Sports Medicine &
fPhysical Therapy Associates
November 1, 2013
To: The Zoning Board of Appeals
®) NANTUCKET
� 1 COTTAGE HOSPITAL
Nw n ; 2nj,7
BV
My Husband and I have been fortunate enough to have Cathy care for our dog Donovan this past year
through Comforts of Home Pet Care. We both work long days and need help giving Donovan the
exercise and activity he requires. Cathy does an excellent job. She cares for Donovan as if he were a
member of her own family. She ensures a safe and clean environment for him both indoors and
outdoors. Her space is conveniently located and there is adequate parking in the back (away from the
street) to allow safe transfers to and from the car. She screens the dogs before accepting them into her
care to be sure they interact appropriately with people and other dogs and she ensures good social
behavior (i.e. she does not allow excessive barking). Each morning Donovan is eager to see Cathy and
his "buddies" at school. We enjoy the peace of mind he Is in good hands.
Respectfully,
/Kelly Facteau
59 Pmspece StrM Nantucket, MA OnM Phone 508 -825 -8100 Fox 508 -825 -8133 Nanhmkeffl spiW.org
Nmvncke� Cottage Hospital is an affiliaze of Musachnsetts General Hospital and a membe. of Partners HealthCore
Liza McKenney
58 old South Road, Unit E
Nantucket, MA 02554
November 4, 2013
Dear Sir or Madam:
By.
My name is Liza McKenney and my dog, Layla, has been going to Cathy Mack's doggy
day care since approximately March of 2013. It is comforting to know that my dog is
in a safe place and that she is having fun while I am at work It is so hard to leave her
for hours at a time during the week, and it is incredibly convenient to have someone
who loves and cares for her when I'm not around.
Cathy's house and yard are always very clean and well maintained. The dogs have a
great time and everything is under control whenever my boyfriend or I go there. I
am so thankful for what she does to help my dog and me, and I would like you to
know how much we appreciate what she does and how much we trust her. I believe
she is fully capable and dependable enough to take on the additional responsibility
of more dogs. Please take this into consideration when making any decision about
allowing her to expand.
Sincerely,
Liza McKenney
1] COPY
T TOWN OF NANTUCKET
BOARD OF APPEALS
Uj �NINTUCKET, MASSACHUSETTS 02554
W
F-
W N W
C U �
u Date: December 12, 2013
z
_^ a
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
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.
x�& -L
Eleanor W. Antonietti,
Zoning Administrator
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- 325 -7587.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MA 02554
Assessor's Map 55, Parcel 210 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,
November 14, 2013, 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. 070 -13:
2. Applicant requests a modification to the Special Permit granted in Decision No.
059 -12, which allowed the operation of a "doggie day- care" facility as a "personal service" on
the Locus pursuant to Nantucket Zoning Bylaw Section 139 -7a Applicant now proposes to
modify Condition (a) of paragraph 6 in Decision No. 059 -12 to increase the maximum number of
dogs allowed from five (5) to ten (10) dogs. All other conditions would remain in full force and
effect. 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. Applicant
submitted four letters, written by neighbors and clients, in favor of her proposal and a Petition in
Support signed by thirteen residents who live within close proximity to the Locus. There was
one letter in opposition to the application written by a neighbor who lives across the road.
4. Cathy Mack represented herself at the hearing. Ms. Mack explained to the Board
that she is requesting this Modification to the previously granted Special Permit in order to meet
a growing demand for her "doggie day - care" facility, categorized as a personal service.
Specifically, she is proposing to take in five (5) additional dogs each day, bringing the maximum
allowance of dogs to ten (10). She explained that several of her clients only need "part time"
doggie day -care and, therefore, there would rarely be ten dogs on the premises at the same time.
As in the previous hearing, Ms. Mack explained that she lives at 3 Newtown Road and reiterated
that there will be no kennels or overnight boarding in connection with the business. The hours of
operation shall continue to 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.
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, the times of the drop -offs and pick -ups are staggered in order to mitigate any
increase in traffic on Newtown Road. She takes the dogs on "field trips" off the premises on a
daily basis.
The Board determined an expansion limiting the total number of dogs to ten (10) is an acceptable
modification to the previously granted Special Permit, based on the representations about the
business made at the public hearing and the lack of complaints over the past year. The Board
also proposed to further modify Condition (c) of paragraph 6 to require that Applicant inform the
Board of Appeals of any neighborhood complaints or concerns. In addition, the Board adds an
additional Condition which stipulates that this specific commercial use of the Locus as a "doggie
day- care" facility is specific to this Locus and not the neighborhood.
5. Therefore, after a discussion with the Applicant, the Board finds that such a
Modification to the Special Permit granted in Decision No. 059 -12 would continue to be in
harmony with the general purpose and intent of Zoning Bylaw Section 139 -7.A for a "personal
service". Although this is a somewhat non - traditional "personal service" business, steps continue
to be taken to mitigate its impact to the neighborhood. There has been ample written testimony,
from both neighbors and clients, that the Applicant is operating her business with the utmost
responsibility and consideration for her neighbors.
6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals
grants the MODIFICATION of the SPECIAL PERMIT granted in ZBA Decision No. 059 -12, in
order to expand the operation a "doggie day -care" facility at 3 Newtown Road from five (5) to
ten (10) dogs based upon the following conditions:
a. That there shall be no more than a total of ten (10) dogs at the facility at any 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 Board of Appeals shall have the right to reopen a public hearing if complaints are
filed with the Zoning Administrator who shall make a determination about the validity of the
complaints. The Board may impose additional conditions such as a further limitation on the
number of dogs or hours of operation.
d. The use of this Locus as a "doggie day- care" facility is granted specifically to this Applicant
and any changes in ownership shall require a modification.
SIGNATURE PAGE TO FOLLOW
Assessor's Map 55, Parcel 210
3 Newtown Road
Residential —10
Dated: 2013
Deeds Book 758, Page 288
Plan File No. 46 -F
Susan McCarthy
ffrey Thayer
COMMONWEALTH OF MASSACHUSETTS
Nantucket, SS
3ein ilk 2q_, 2013
On the day of n 2013, before me, the undersigned notary public,
personally appeared '1W 0.— , one of the above -named members of
the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose
name is signed on the preceding document, and acknowledged that he/she signed the foregoing
instrument voluntarily for the purposes therein expressed.
..I_V�� �..�
IPA
KAREN L. E. SRADF
Notary PUWk
COMMONWEALTH OF W.OHU
It myeo Evtr
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