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Two coastal‑area applications withdrawn as applicants await natural‑heritage surveys; ZBA waives reapply fee

3235426 · May 9, 2025
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Summary

Two applicants withdrew zoning applications for properties mapped as habitat under the Massachusetts Endangered Species Act (MESA) and the board agreed to waive reapplication fees so the cases can be resubmitted after environmental review.

At the May 8 meeting, the Nantucket Zoning Board of Appeals accepted withdrawals without prejudice for two applications that intersected mapped habitat requiring Massachusetts Endangered Species Act (MESA) review and agreed to waive fees for reapplication.

Attorney Arthur Reed told the board the two matters involve work in areas mapped as potential habitat; Natural Heritage (the state program) has identified plant species that require late‑summer/early‑fall field surveys and further back‑and‑forth with Natural Heritage before a final plan can be vetted. Because the plant life‑cycles and the needed survey schedule would delay resolution, the applicants withdrew the matters without prejudice and asked to refile once Natural Heritage review is complete.

Board members agreed it was reasonable to waive the application fee for a reapplication. The board took a roll call vote and approved the withdrawals with the fee waiver. Staff noted that if the board had instead continued the hearings, no further notice might have been required, but members preferred the withdrawal and refile approach to keep the public notification process clear.

Both items were described in the staff record as relating to the world’s management/coastal district (the transcript referenced the “Woman’s Management District” / mapped habitat), and the board emphasized that MESA and Natural Heritage review is a prerequisite for final plans in mapped habitat areas.

The board also agreed to continue two unrelated applications to the June 12 meeting (applicants and staff consented).