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Home My WebLink About077-85•jj,HT U C/f- l�� -I'f)1' N OF NA'V IJ'C KI- -T BOARD OF APPEALS NA N I1 'C'K I'T, M ASSAC M I SI' V I,S 02554 September 6, 1985 Re: MSPCA -DR. GEORGE W. ABBOTT, DIRf?CTOR (077 -85) Enclosed, please find notice of a rlt >ci sion of the BOARD OF :+Pi'EAI,S which has this- day been f i lod! with the Town Clerk. Any appeal from this action shall be mide pursuant to Section 17 of Chapter `+OA of the General Laws, and shall oe filed within twenty (20) days after this (L:te. William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOV,!N OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 1'if;C1.`11ON: At a Public Hearing of the BOARD OF APPEAL.; held on FRIDAY, AUGUST 23, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of THE INS)KA -DR. GEORGE W. ABBOIT, DIRECTOR (077 -85), address Crooked lane, Nantucket, MA 0554, the Board finds: 1. This is an Application for an expansion of a pre- existir. non- conforming kennel use by SPECIAL_ PE "RM11' pursuant to Zoning By -Law SECTIONS 139 -22 and -33. The premises are located at the JU?NCTfW_ OF CROOKED LANNE AND 41EST CHESTER STREET EXTENT ?I1), Assessor's Map 41, Parcel 72 in the RESIDENTIAL- 2Z,oning District. 2. Based upon the Application papers, testimony, representations and letters, we find that Applicant has operated an animal hospital with kennel for dogs and cats since prior to the 1972 enactment of zoning and in a pre - existing structure. Pursuant to Arttcle 63 adopted at the April 19?5 Annual Town Meeting, Applicant has undertaken to construct an addition with kennel and lease it to the Town of Nantucket as a new Dog Pound. Adop- tion of such Article may be taken broadly as indicating a harmony of this siting with the general purpose and intent of the Zoning By -Law chapter. 3. An abuttor expressing concern for increased level of barking noise stated that barking can now be heard on occasion, but recognizes that this arises from a permitted pre- existing use. To answer the concerns of that abuttor, some 12,000 feet remote from the structure, Applicant's re- presentatives noted that the new kennel will be sited below grade with limited window openings for the strictly indoor kennel area facing south away from the abuttor. Acoustical tile will be installed, and Applicant proposes natural vegetation for further sound deadening. �. Applicant will be responsible for animal health and for main- tenance of the leased kennel space. Continuance of the high standards realized with the existing kennel area can thus be anticipated for the new (077 -85) -2- Dog Pound. 5. Access to the Dog Pound will be via the existing town road, West Chester Extended, separate from the Crooked Lane entry to the animal hos- pital. 6. By -Law Section 139 -22 makes a kennel allowable in any zoning district where, as we have found, the use is in harmony with the general purpose and intent of the Zoning By -Law chapter. Section 139 -33 requires, for the expansion of the pre - existing, non - conforming kennel use, our also finding that it would not be substantially more detrimental to the neigh- borhood than the existing use. Based upon the a -Dove and a favorable recom- mendation by the Planning Board, we so find. 7. Accordingly, by UNANIMOUS vote, the Board hereby GRANTS to Appli- cant a SPECIAL PERMIT pursuant to SECTIONS 139 -22 and -33 to operate a kennel on the premises and to construct the addition, substantially as proposed, for housing the new Dog Pound. Dated: September 6, 1985 Nantucket, MA 02554 ��- e..Q��` mod. �- ��_.�.� -.-- ��- •-- -,... - ��t�,.►�,ayQ— William R. Sherman Andrew J. Leddy Dorothy D. Vollans NOTICE A Public Hearing of the BOARD OF APEPALS will be held on FRIDAY, AUGUST 23, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica- tion of MSPCA -DR. GEORGE W. ABBOTT, DIRECTOR (077 -85) seeking a SPECIAL PERMIT under Zoning By -Law SECTION 139 -22A and SECTION 139 -33. If granted, Applicant would be able to construct an addi- tion and kennel for the MSPCA and the new Dog Pound. The pro- perty is located at CROOKED LANE, MAP 41, PARCEL 72 and zoned RESIDENTIAL -2. William R. Sherman, Chairman BOARD OF APPEALS r AB -1 FEE. $100.00 APPLICATION i0 THE BOARD OF APPF _,S To the Members of the Board of Appeals: se No. Nantucket, Massachuset'.: c The undersigned hereby applies for relief from the terms of (Z0':.ir;G BY -T.AW) (BUTLDINC CODE) on property described below: r cc tion of Property. ^ Croo Map 41 — Piarr�Co. p�rrel 72 District is zoned for ges dantial 2 Type of struct•,_?re (Existincj or Proposed) or proposed use: Animal hospital Otiun(-r' s N 3me MPCA ---- Dr. George W. Abbott, Director _ .— - Ow,icr's Ad °ess Crooked Lane Wh•an did ya cquire this property? thlknown Has applicani been filed at Building Department? yet Has any previou .1peal been made? No — - -- Section of By- Law -ode from which relief is requested: Article VI, Section 1- Reason for asking relies '(Fe present use is non - conforming and the applicant desires to construct an additbr) czcrborized by the -Town of Nantucket ender -Ar-t -isle. '63 of the 1985 Town Warrant, _. ignature o applicant. ATTACH: (1) A list of the names and addr��" 16tner and owner abutting the abutters, ana owners within 300 feet. (2) A check in the amount of $100.00 made payable to the T --an of Nantucket. (3) Four copi6s of the application and a map or plan sho':qing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION ' Application submitted to Board Advertising dates Hearing date(s) Decision of Board Decision filed with the Town Clerk 1� 1r L: ;,t of parties :Jame !,ddress TOWN OF NANTUCKET BOARD On t:PPEA JS interest in the r.-atter of the petit_c,:i ot: Property Addres, C p &S. , 41, l I certify the foregoing is a list of persons who are owners of 1 abutting the property, owners of land abutting the abutters, o,:n of land directly opposite the property on any street or way, zinc: owners of land within 300 feet of the property, all as they appc',�: on t most recent applicable TAX list. ate Assessor Town of Nantucket LLW- Tc CT C7 -Pi `il- - ZD(P -- GL�I:Ut�l�.�2TNS_ _ - - -- _ - - -- -4l — 709 ---- — - 1--t7�1L Iz-- - MmiSE a NO 11 -Cl -- - -X20 _ C�1- �� -1_Y�) -- - - - -- J�K -- TucjL:e-v