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Home My WebLink About019-91TOWN OF NANTUCKET BOARD OF APPEALS Nantucket, Mass. 02554 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 019 -91 Owner /Applicant: MARY HIGBEE PHILLIPS Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of 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 day's date. Notice of the action with a copy of the Complaint and a certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20L,-dayp. //. Ai. VI i #17 11 Date: V j \ F bert J. ickter, cc: Town Clerk f Planning Board Building Commissioner 0 rman ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 Map 42 -3 -2/ parcel 38 Map 55 -4/ parcel 14 ROH 54 Fair Street At a Public Hearing of the BOARD OF APPEALS held at 1:00 P.M., Friday, April 26, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of MARY HIGBEE PHILLIPS, of 54 Fair Street, Nantucket, Massachusetts, Application No. 019 -91, the Board made the following Decision: 1. Applicant is seeking a Modification of her existing Special Permit, BOA File No. 008 -90, to change condition 7 thereof, to permit her to rent the new apartment on a seasonal basis until October 31, 1991. The original limitation on seasonal rental was until October 31, 1990. 2. Our decision is based upon the application and documents filed therewith, the testimony and evidence presented at the hearing, a favorable recommendation from the Planning Board, and letters and testimony in support from abutters. There was no opposition to granting the relief requested. 3. The Certificate of Occupancy for the apartment had not been obtained as of the date of the hearing on this application; the failure to obtain the Certificate of Occupancy was due to unforeseen construction delays and financial hardship. 4. Applicant has attempted to rent the premises for some period of time prior to masking this application on a year -round basis, without success, and it is unreasonable for her to do so at this time because of the highly seasonal nature of the rental market. 5. The original restriction was placed on the Special Permit to allow one rental of the apartment for less than a full year, if necessary, after obtaining the Certificate of Occupancy, with the year -round tenancy then to commence in the following fall, as is customary on the island. 6. The Board finds that the modification of the condition will not be substantially more detrimental to the neighborhood that enforcement of the condition as it exists. 7. By unanimous vote, the Board grants the relief requested and modifies the condition contained in paragraph 7 of the Special Permit granted in Application No. 008 -90, to permit rental on a seasonal basis until October 31, ] Date:- 124 tA Lin a . Williams Peter Dooley Dale Waine q�C,A- YAJ Kate Mitchell 17 1Xfl. ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, April 26, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: MARY HIGBEE PHILLIPS Board of Appeals File No. 019 -91 Applicant is seeking a Modification of her existing Special Permit, BOA File No. 008 -90, to change condition 7 thereof, to permit her to rent the new apartment on a seasonal basis until October 31, 1991. The original limitation on seasonal rental was until October 31, 1990, but the Certificate of Occupancy was not issued until after that date. The premises are located at 54 FAIR STREET, Assessor's Map ^f] l] r7 T t 7,R F n YG • J . 2, parcel J8, an d 2"Isse.s7. so s "lap 55. Y, parcel 14, as .711O W1. in Plan Book 18, page 121, Lot 1. The property is zoned ROH. /t Linda F. Williams, Vice Chairman BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No o/9-91 owner's name(s): Mailing address: APPLICATION FOR RELIEF Applicant's name: Mailing address: Location of lot: Assessor's map and parcel number �% -,� a - 03 Street address: J Registry Land Ct Plan, Plan Bk & Pg or Plan File- /g, Lott / �L Date lot acquired:/ ;i Deed Ref /,5Y Z9 Zoning district �°� "Q -�/ Uses on lot - commercial: None,/ or MCD ?- - number of: dwellings-/ duplex.— apartments,?- rental rooms— Building date(s) : all pre - -8/72? t or Building Permit appl'n. Nos. _ Case Nos. all BoA applications, lawsuits: 000. C of O? State fully all zoning relief sought and respective Code sections and subsections, spec*.l:i_cally what you propose compared to present and what grounds you 111:9E. for BoA to make each finding Per- 139 -32A if Variance, 1:39 -:30A if a Special Permit (and 139 -33A _ if to alter or extend a nonconfforming use) . If appeal per 139 -3A & B attach decision cn: Orden appealed. OK to attach addendum . ok X0 ,()e � VL \ C44 YO 11Q41Y- X�''� C cX-- �'��22 Gc •z� a CU - Items enclosed as part of this; Application: orderl addendum2 Locus map_ Site plan__ showing present +planned structures Floor plans present _proposed— elevations (IIDC approved?_) Listings lot area ^frontage setbacks_ GCR parking data — Assessor-certif_iec[ addressee I - t 4 sets ma�ling labels 2 sets_ 200 fee payable t:o Town of 14antucket proof 'cap' covenant (If an appeal_, ask 'Town clerk to send Bldg Comr's record to DuA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATU2EIII5, l _ � -�� *(,_4 _d-_ Applicant// ; A ttorney /agent — 3 (I:f not owner_ oi� owner's att:orni�y, enclose proof of authority) NZ 4 FOR Do OFFICE USE Application copies recd: 4_! or_ for BoA on��/_ Y roll b -�1� complete? one copy filed arii:lt 1'owri. Clerk on _J�_ y One copy each to Planning I3d and Building ,Drrept�/ `I�11by $2U0 fE:e check given Town 'Treasurer on e by�LG��aived� ?�— � Hearing notice postedJ.J / W mailed / /—W Ilear..ing(s) on_f_ /_ cont'd to/_/_, _/_/_ withdrawn ?_ / _/_ Decision due by,J_J made_1i_-J_ filed TC__f_/_ mailed— /-See related cases other_