Notice of Appeal: Hartley, James E. et al vs. Town Of Chilmark Zoning Board Of Appeals et al

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                                Date Filed 10/19/2022 4:39 PM
 Superior Court - Dukes
 Docket Number
 Date Filed 10/19/2022 4:39 PM
 Superior Court - Dukes
 Docket Number




                           3.       On   November      23,   2021,   the  ZBA     commenced      a  public   hearings    to  consider
                  Plaintiffs’ Special Permit Application.         The public hearing was continued a number of times and
                  Plaintiffs’ Special Permit Application was discussed at a number of ZBA meetings.

                           4.       At the ZBA’s September 22, 2022 meeting, the ZBA closed the public hearing and
                  voted on Plaintiffs’ Special Permit Application.          Defendants Allison Burger, Russell Maloney, and
                  Wendy Weldon voted in favor of issuing the permit.              Defendant Joan Malkin abstained.          The ZBA
                  denied Plaintiffs’ Special Permit Application despite three votes in favor of issuing a special permit
                  and no votes against.

                           5.       On September 30, 2022, the ZBA issued the Decision, denying Plaintiffs’ Special
                  Permit Application.

                           6.       This appeal is timely pursuant to G.L. ch. 40A, section 17, which allows for appeals
                  of zoning board decisions within twenty days after a decision is filed with the town clerk.               Plaintiffs
                  commenced this action on October 19, 2022, within twenty days after the Decision was filed with
                  the Chilmark Town Clerk on September 30, 2022.

                           7.       An   annulment     of  the   Decision    is appropriate     because    the  ZBA    exceeded     its
                  authority by denying Plaintiffs’ application for a special permit.

                           8.       Plaintiffs are aggrieved parties with standing under G.L. ch. 40A, section 17.                The
                  Decision negatively impacts the Plaintiffs’ use and enjoyment of the property.

                           9.       The   Plaintiffs’  Complaint,    served   herewith,    more   fully  sets forth  the  ground   for
                  Appeal, and is incorporated by reference herein.

                                                                              Respectfully submitted,

                                                                              Plaintiffs James E. Hartley, individually, and
                                                                              Joan V. Hartley, individually and as Trustee,
                                                                              The James E. Hartley, Jr. 2020 Family Trust


                   Dated: October 19, 2022                                    By:
                                                                              Felicia H. Ellsworth (BBO # 665232)
                                                                              Wilmer Cutler Pickering Hale and Dorr LLP
                                                                              60 State Street
                                                                              Boston, MA 02109
                                                                              (617) 526-6000
                                                                              felicia.ellsworth@wilmerhale.com




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