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BOARD OF APPEALS
qp __RA __...°�''� NANTUCKET, MASSACHUSETTS 02554
June //, 1985
Re: JOHN M. WEBER, JR. FOR THE ESTATE OF RICHARD VINCENT, OWNER
(043 -85)
Enclosed, please find notice of a decision of the BOARD
OF APPEALS which has this day been filed with the Town
Clerk.
Any appeal from this action shall be made pursuant to
Section 17 of Chapter 40A of the General Laws, and shall
be filed within twenty (20) days after this date.
William R. Sherman, Chairman
BOARD OF APPEALS
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, MAY 24,
1985 at 1:30 p.m. in the Town and County Building, Nantucket, rendered the
following decision in the Application of JOHN M. WEBER, JR. acting for the
ESTATE OF GEORGE R. VINCENT, through RICHARD VINCENT, ADMINISTRATOR (043 -85)
c/o 3726 East Lake Mead, Las Vegas, Nevada 89115.
1. Applicant, duly represented by John M.Vkber, Jr. of Nantucket,
seeks a SPECIAL PERMIT under Zoning By -Law SECTION 71 (codified as Section
139 -33) to extend a pre- existing, non - conforming use. If granted, Applicant
would be able to construct an addition onto an existing single- family dwell-
ing now sited astride a side lot line. The property is located at 8 TROTTERS
LANE, Lot 135 of Plan 23 at Page 23, in the RESIDENTIAL -10 Zoning District.
2. Based upon submissions of plans, probate appointment, agency
power, photoprints, abuttor's assent, representations and testimony, we find
that Richard Vincent was appointed administrator of the estate of his broth-
er George Vincent. Richard, in turn, appointed John Mercer Weber, Jr. to
act for him in this matter.
3. A predecessor of Applicant, George McMannis, constructed the one -
story wood frame dwelling in about 1958. To determine the siting for the
house, he is said to have paced off the bounds without benefit of survey.
In any event, what purports to be a proper survey shows a corner of house
extending from Applicant's Lott onto abuttor's Lot 2, thus astride the side
lot line. The proposed addition is inwardly of Lot 1 and entirely outside
the side yard setback. Accordingly, the proposed extension of the pre-
existing, non - conforming structure does not increase the non - conformity or
make the siting more non - conforming, and we so find.
4. No objection to the proposed addition was heard. From the photo -
prints, the addition is understood to be part of an overall undertaking to
remedy a delapidated appearance. Eight abuttors endorsed a recommendation
that we act favorably on this Application. We further find that the exten-
sion will not be more detrimental to the neighborhood.
(043 -85) -2-
5. The Planning Board expressed misgivings with favorable action
where Applicant's dwelling has part of its "footprint" beyond the lot owned
by Applicant. For Applicant, we are told a claim might lie for prescriptive
right by adverse possession. However, a purchase and sale agreement is said
to have been signed with the abuttor to obtain ownership to the footprint
plus a 3 -foot setback. To resolve any question of the sort posed by the
Planning Board, Applicant accepts our conditioning relief on its acquiring
ownership to the footprint.
6. Accordingly, by UNANIMOUS vote, the Board GRANTS to Applicant the
SPECIAL PERMIT to construct the proposed addition, conditioned on Appli-
cant perfecting ownership in the land underlying the dwelling, i.e., in the
footprint.
Dated: June u', 1985
JVC4A�114,J
C
William R. Sherman
a�,V IL �Q
c—
Dorothy D. Vollans
CA -�� "- � � ' Q,-,L-
C. Marshall Beale
(�Y.
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, MAY 24, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING,
FEDERA?, AND BROAD STREETS, NANTUCKET, on the Application of JOHN
M. WEBER, JR. acting for the ESTATE OF RICHARD VINCENT, OWNER
(043 -85) seeking a SPECIAL PERMIT under SECTION 7I (codified as
Section 139 -33) (extension of a pre- existing non - conforming use)
of the Zoning By -Law. If granted, the Applicant would be able to
construct an addition onto an existing one -story dwelling encroach-
ing on a side lot line. The premises are located at$ TROTTERS LANE,
LOT 135, PLAN 23, PAGE 23, and are zoned RESIDENTIAL -10.
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fi. M
d�
William R. Sherman, Chairman
BOARD OF APPEALS
AB -1
FEE $100.00
Case No. D y 1:6�
APPLICATION TO THE BOARD OF APPEALS
Nantucket, Massachusetts
To the Members of the Board of Appeals:
The undersigned hereby applies for relief from the terms of the
(ZONING BY- LAW)(BUILDING CODE) on property described below:
Location of Property 6 �ILG ,-��YLS C.,IU i
Lot No. 1?3 S Plan No. -2-2)
District is zoned for (P - a
Type of structur (Existing or Pro osed o proposed use: RCVzTionJ
Owner's Name L ��OZ) V fq- Q l
Owner's Address
When did you acquire this property? Lam( :5eC
Has application been filed at Building Department? l�IO
Has any previous appeal been made? - &)o
Section of By -Law or Code from which relief is requested: %
(DE rVE SE i �,i9LG� ���.C��� �Fh�2j, ;
Reason for asking relief: SpA. ojC !4
T/ivC4 / J6"
U12
pl,cg4rDlull ,,Cau Signa ure or ap iicant
BIF�'}►4(, F a F �o r}w M h(Ff3 E I� � f
ATTACH: (1) A list of the names and addresses of each abutting owner
and owner abutting the abutters, and owners within 300 feet.
(2) A check in the amount of $100.00 made payable to the Town
of Nantucket.
(3) Four copies of the application and a map or plan showing
the location of the property to be considered.
(4) f the applicant is other than the owner, please indicate
your authority to make this application.
BOARD'S DECISION
Application submitted to Board tJ
Advertising dates
Hearing date(s)
Decision of Board
Decision filed with the Town Clerk
TOWN OF NANTUCKET
BOARD OF t:PPEALS
of parties in interest in the ratter of the petit -on of:
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I certify the foregoing is a list of persons who are owners of 1-
abutting the property, owners of land abutting the abutters, owl -
of land directly opposite the property on any street or way, and
owners of land within 300 feet of the property, all as they appea,
on the most recent applicable TAX list.
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Da-- _ Q,e,a Assessor
Town of Nantucket
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