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HomeMy WebLinkAbout025-89Day - S) C/ 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