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BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
THE BOARD OF APPEALS, at a public hearing held on Friday,
April 28, 1989 at 1:00 P.M. at the Town and County Building,
Nantucket, Massachusetts made the following decision on the
Application of JEAN TRIFERO ((a ZS = -89) with an address of 4 Meadow
View Drive, Nantucket, Massachusetts 02554.
1. Applicant seeks special permit relief pursuant to
Chapter 139, Section 16C of the Code of the Town of Nantucket to
validate the siting of the existing structure which is 9.24 feet
from the side lot line at is closest point and to allow the
entrance steps on the westerly side of the addition to be
located five (5) feet from the lot line in a zone where a
10 -foot setback is required. The premises are 4 Meadow View
Drive, Assessors Parcel 56 -149, Lot 78 on Land Court Plan
14830 -U and zoned Residential - 2.
2. Our findings are based on the application papers, a
plot plan dated May 18, 1988, testimony and representations
received at our hearings) and prior Special Permit 001 -85.
3. No opposition was heard to the application. The
applicant stated that it would be economically unreasonable to
rebuild the existing addition to comply with the 10 -foot
setback. The Board finds that, given the de minimis nature of
the encroachment and their power to reduce the setback from 10
feet to 5 feet in this zone, the existing structure complies
with the intent and purpose of the intensity regulations of the
zoning by -law; favored as an Accessory Apartment.
4. Accordingly, by UNANIMOUS VOTE, this Board GRANTS to
the Applicant by SPECIAL PERMIT the reduction in the side lot
setback necessary to validate the existing structure which is
sited 9.24 feet from the westerly lot line and to allow entrance
steps to be located five (5) feet from the lot line.
f
DATED: May ; , 1989
Nantucket, MA 02554
William R. Sherman
C. Mar hall Beal
Davi J.`' egge.
Robert J. Leich
X—eter Dooley
NANTUCKET ZONING
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
'May IF . 1988
File No. 025 -89
To: Parties in interest and others
Re: Decision in the Application of
JEAN TRIFERO
Enclosed is the decision of the Board of Appeals which has
this day been filed with 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 court within twenty (20) days after this
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.
AZZ!5,4.
�e-e-a�
William R. Sherman, Chairman
cc: Building Commissioner
Planning Board
Town Clerk
NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
April 13, 1989
NOTICE
A public hearing of the Board of Appeals will be held
on Friday, April 28, 1989, at a:3Q p.m. in the Town
and County Building, Nantucket, on the Application of:
JEAN R. TRIFERO
Board of Appeals File No. 025 -89
seeking a Special Permit pursuant to Section 139 -16C to
reduce the required 10 -foot side yard setback so as to
validate the siting of an existing single - family dwelling
with the westerly wall of an accessory - apartment addition
9.24' from the westerly side lot line and entry steps 5'
(now 4.461) from that line.
The premises are at 4 Meadow View Drive, Assessor's Parcel
56 -149, Land Court Plan 14830 -U, Lot 78, zoned
Residential -2. See our file 001 -85.
William R. Sherman, Chairman
'000i� /l:��
"��.Z-4
BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS Date
TOWN AND COUNTY BUILDING
NANTUCKET, MA 02554
CASE No V -
APPLICATION FOR RELIEF
Owner's name(s): Jean Trifero
Mailing address: Post Office Box 1246 Nant,rkat Massachusetts .
Applicant's name: Same
Mailing address: Same
Location of lot: Assessor's map and parcel number 56- 149
Street address: 4 Meadow View Drive
Registry Land Ct Plan, �i1j�yMkX76KMjXX#XX$1L ilCX��1�7€1C 14830 -U Lot 78
Cert. 9603
Date lot acquired• • lj� 81 R Ref Zoning district R -2
Uses on lot - commercial: None X or MCD? -
- number of: dwellings 1 duplex— apartments 1 rental rooms
Building date(s) : all pre -8/72? _ orPermit No. 1831 -81 C of O? Yes
Building Permit appl'n. Nos. 3878-85 and 4041-85, both
for the addition
Case Nos. all BOA applications, lawsuits: 1 -85 Special P&:rmit for accessory apartment.
and respective Code sections
State fully all zoning relief sought
and subsections, specifically what you propose compared to present
and what grounds you urge for BOA to make each finding per Section
139 -32A if Variance, 139 -30A X if a Special Permit (and 139 -33A
if to alter or extend a nonconforming use). If appeal per 139 -3�A
-&-B _ , attach decision or orderl appealed. OK to attach addendum .
Pursuant to Section 139- 16C,the Applicant seeks a Special Permit to reduce the sideyard
setback in this R -2 zone so as to validate the existing structure that is shown on the
plan as being 9.24 feet from the lot line at its closest point and to allow entrance
steps to the addition to be located no closer than 5 feet from the lot line. Given the
slight encroachment into the usual 10 foot setback, relief is in harmony with the general
purpose and intent of the by -law to provide setback reductions in the R -2 zone when
necessary.
Items enclosed as part of this Application: orderl addendum2
--
Locus maps Site plan X showing presentX ned approved'_) structure
Floor plans present proposed_ elevations ( data
Listings lot area X frontage_ setbacks x GCR parking
Assessor- certified addressee list 4 sets_ mailing labecovenants X
$200 fee payable to Town of Nantucket x proof 'cap'
(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties o perjur
SIGNATURE.
Applicant Attorney /agent X .
Melis D. Philbrick, Atto e for owner
3(If not caner or owner's art��rney, enclose proof of authority)
FOR BOA OFFICE USE Lb
Application copies recd: 4 for BOA on�/u C by C�
� complete?
One copy filed with Town Clerk on �Z� /�b _�c /���- --�
One copy each to Planning Bd and Building Dept C C/
gj $200 fe e check givenTown Treasurer on by aived?
Hearing notice posted / /�� mailed!'/ M
Hearing(s) on__/__/— cont'd tom —/_, withdrawn ?��_
made � /__/_ filed TC� _j_ mailed -/—
See related cases
Decision due by��_
lawsuits other
—
VAUGHAN, DALE AND PHILBRICK
April 6, 1989
Mr. William Sherman, Chairman
Nantucket Zoning Board of Appeals
Town and County Building
Broad Street
Nantucket, Massachusetts 02554
RE: 4 Meadow View DT rive (tax map 56 Parcel 149)
Dear Bill:
Enclosed for filing is the application of Jean Trifero in
connection with the above - referenced property through which she
is seeking a Special Permit to reduce the sidelines setback
requirement from 10 to 5 feet.
Also enclosed are the required mailing labels, abutters
list, and a check for the $200.00 filing fee. Please call if
you have any questions.
Sincerely,
MDP /md
encl.
cc: Mr. Neil Parent
Ms. Jean Trifero
ATTORNEYS AT LAW
EDWARD FOLEY VAUGHAN
WHALER'S LANE
KEVIN F DALE
NANTUCKET, MASS 02554
MELISSA D. PHILBRICK
TEL:(508) 228 -4455
RACHEL G. HOBART
PAX.(508) 228 -3070
April 6, 1989
Mr. William Sherman, Chairman
Nantucket Zoning Board of Appeals
Town and County Building
Broad Street
Nantucket, Massachusetts 02554
RE: 4 Meadow View DT rive (tax map 56 Parcel 149)
Dear Bill:
Enclosed for filing is the application of Jean Trifero in
connection with the above - referenced property through which she
is seeking a Special Permit to reduce the sidelines setback
requirement from 10 to 5 feet.
Also enclosed are the required mailing labels, abutters
list, and a check for the $200.00 filing fee. Please call if
you have any questions.
Sincerely,
MDP /md
encl.
cc: Mr. Neil Parent
Ms. Jean Trifero