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Appeals court reviews Nantucket setback dispute over whether addition created a new nonconformity
Summary
The court heard competing arguments about whether a new house and attached garage created a new nonconformity requiring a variance, or whether a special permit was sufficient; the panel emphasized deference to the local ZBA's factual findings on nonuse and neighborhood impact.
The appeals panel heard an appeal of a land‑court judgment about a Nantucket property where a recently constructed house and an attached, expanded garage drew a neighbor challenge.
Kathleen Hyer, representing Madeline Guy, argued the project created a new nonconformity that required a variance under the local bylaw because the structure now…
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