HomeMy WebLinkAbout02-18 89 Somerset Road Unit 2VAUGHAN, DALE, HUNTER AND BEAUDETTE
December 14, 2017
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WILLUM F. HUNTE E
OFCOUNSEL
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VIA HAND DELIVERY:
Eleanor W. Antonietti DEC 14 2017
Zoning Board of Appeals Administrator
2 Fairgrounds Road �� )
Nantucket, Massachusetts 02554
Re: Paul Cronin
89.Somemet Road, Urrit 2
Nantucket, MA 02554
Application for a Special Permit
Dear Eleanor:
Our client, Pau Cronin, hereby requests Special Permit Relief pursuant to
Sections 139-33 (A)(2) of the Nantucket Zoning By -Law (the "By -Law"), or in
the alternative Variance relief pursuant to 139-32 of the By-law, with respect to
Unit 2 of the 89 Somerset Road Condominium located at 89 Somerset Road,
Nantucket, MA 02554 (the "Premises"). Further to this application, enclosed
please find the following documents:
1. An application for a Special Permit with its Addendum and Exhibits (a copy
of which is simultaneously being filed with the Town Clerk);
2. Locus Plan from the Nantucket Tax Assessor's Map Book;
3. A check in the sum of $450.00, made payable to "Town of Nantucket,"
representing the Special Permit filing fee;
4. A certified list of the panties in interest (Abutters) to the application and two
(2) sets of mailing labels, and,
PROFESSIONAL CORPORATION
A'rTOHN-EYS AT LASV
WE AIER'S LANE
P.O. BOX G59
EDWARD FOLEY VAUGHAN
NANTUCKET, MASSACHUSETTS 02554
REvu. F. DALE
FdcH HDP.BEAUDETTE
=(508)2284455
FAT.. (5081228.3070
LORI DTLIA
BR AN J. SWAIN
December 14, 2017
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WILLUM F. HUNTE E
OFCOUNSEL
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VIA HAND DELIVERY:
Eleanor W. Antonietti DEC 14 2017
Zoning Board of Appeals Administrator
2 Fairgrounds Road �� )
Nantucket, Massachusetts 02554
Re: Paul Cronin
89.Somemet Road, Urrit 2
Nantucket, MA 02554
Application for a Special Permit
Dear Eleanor:
Our client, Pau Cronin, hereby requests Special Permit Relief pursuant to
Sections 139-33 (A)(2) of the Nantucket Zoning By -Law (the "By -Law"), or in
the alternative Variance relief pursuant to 139-32 of the By-law, with respect to
Unit 2 of the 89 Somerset Road Condominium located at 89 Somerset Road,
Nantucket, MA 02554 (the "Premises"). Further to this application, enclosed
please find the following documents:
1. An application for a Special Permit with its Addendum and Exhibits (a copy
of which is simultaneously being filed with the Town Clerk);
2. Locus Plan from the Nantucket Tax Assessor's Map Book;
3. A check in the sum of $450.00, made payable to "Town of Nantucket,"
representing the Special Permit filing fee;
4. A certified list of the panties in interest (Abutters) to the application and two
(2) sets of mailing labels, and,
Please note that the Applicant reserves the right to supplement this
application with additional materials and information at a later time. Please mark
this matter for hearing by the Zoning Board of Appeals at its meeting scheduled
for January 12, 2018. Please feel free to call me should you or any of the Staff or
Board members have questions or concerns.
Sincerely,
Richard P. Beaudette, Esq.
RPB/BSS
Enclosures
cc: Paul and Megan Cronin
Fee: $450.00
TOWN OF NANTUCKET
BOARD OF APPEALS
a
NANTUCKET, MA 02554
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APPLICATION
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File No. 02-18
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Owner's name(s): Paul Cronin
Mailing address: C/O Vaughan, Dale, Hunter and Beaudette, P.C.
Phone Number: 508-228-445 rick ,vdhlaw.corn
Applicant's name(s): Paul Cronin
Mailing Address: C/O Vaughan, Dale, Hunter and Beaudette, P.C.
Phone Number: 508-228-4455 E -Mail: rick@vdhlaw.com
Locus Address: 89 Somerset, Unit 2 Assessor's Map/Parcel: 66 /135.7
Land Court Plan/Plan Book &- Page/Plan File No.: Unit 2, Plan No. 2014-47
Deed Reference/ Certificate of Title: 1436/346 Zoning District R-40
Uses on Lot- Commercial: None x Yes (describe)
Residential: Number of d-,vellings 2 Duplex Apartments
Date of Structure(s): all pre -date 7/72
Budding Permit Numbers: 11559, 11560
Pre -%nous Zoning Board Application Numb
or 1994
None
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
State below or attach a separate addendum of specific special permits or variance relief applying for:
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the_ ains and penalties of perjury.
SIGNATURE: // �� OwnerX
SIGNATURE: Applicant/Attorney/Agent*
Richard P. Beaudette, Esq.
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on:_ /_/_ By: Complete: Need Copies:
Filed with Town Clerk: _/-/_ Planning Board:–/–/– Building Dept.:–/–/_ By:
Fee deposited with Town Treasurer:–/–/_ By:_ Waiver requested:
Granted:_/�_ Hearing notice posted with Town Clerk:-/-/— Mailed:_/_/
Hearing(s) held on:_/_f _ Opened on
Continued to:_/_/— Withdrawn:___f __J___. Decision Due By:__-/_/_
Mader/,-,./_ Filed w/Town Clerk:/._/___. Mailed:_/_/_
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
ADDENDUM TO ZONING APPLICATION
89 Somerset Road, Unit 2
The Applicant, Paul Cronin (hereinafter the "Applicant"), is the owner of Unit 42 of the
89 Somerset Road Condominium, located at 89 Somerset Road, Nantucket, MA 02554 (the
"Premises"). The Premises is shown as Unit 2 on Plan recorded at the Nantucket Registry of
Deed as Plan No. 2014-47, and is further identified as Parcel 135.7 on Nantucket Town
Assessor's Map 66. The Applicant hereby requests Special Permit Relief pursuant to Sections
139-33 (A)(2) of the Nantucket Zoning By -Law (the "By -Law") or in the alternative Variance
relief pursuant to 139-32 of the By-law.
The Premises is located in the Residential -40 ("R-40") Zoning District and is currently
improved with two condominium units as shown on the Condominium Master Deed site plan,
attached hereto as Exhibit A. The Premises is pre-existing non -conforming as to lot size as
shown on the plan prepared by Blackwell and Associates, Inc., (the "As Built"), a copy of which
will be submitted at a later time. As shown on the As Built, the Premises consists of a 13,947+/ -
square foot lot in a zoning district that requires a minimum lot area of 40,000 square feet. The
Premises also is now non -conforming as to ground cover ratio having 1602 square feet or ground
cover where 1500 square feet is the allowed maximum for undersized lots of record. The
Premises complies with the zoning regulations in all other respects.
The Premises has a curious zoning history. At the time the Premises was originally built
upon it was improved with two single family dwellings and was located in the LUG -2 zoning
district which required a lot size of 80,000 and a ground cover ratio of 4% or 1,500 square feet
for undersized lots. The Premises complied with the 1500 square foot maximum ground cover
requirement until 2005 when a building permit was issued which allowed for a 148 square foot
addition to one of the dwellings. The permit was presumably issued in error due to the fact that
the Premises was mistakenly thought to be in the R-2 zoning district (which allowed for a 12.5%
ground cover ratio). This addition had the effect of making the Premises non -conforming as to
ground cover by 42 square feet (1542). A certificate of occupancy was subsequently issued for
this addition. At all times after 2005, all surveys, site plans and master deeds mistakenly
referenced the Premises as being located in the R-2 zoning district and thus conforming to the
12.5% ground cover ratio. In 2010 the Premises was re -zoned R-40. The premises still did not
conform to the R-40 required ground cover ratio of 10% or 1500 square feet. A 2014 master
deed amendment site plan showed the premises as being located (again mistakenly) in the R-2
zoning district with a conforming ground cover of 1665 square feet (11.9%).
The Applicant, wishes to construct a modest addition to the Unit 2 dwelling on the first
floor only. As shown on the proposed HDC approved plans prepared by Emeritus and attached
hereto as Exhibit B, the Applicant proposes to construct a 75 square foot addition, increasing the
ground cover for the existing covenant dwelling from +/-603 square feet to 678+/- square feet.
The Applicant purchased Unit 2 (a Nantucket Housing Needs Covenant Unit) in 2014 and
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Property Information
Property ID 66 135.7
Location 89 SOMERSET RD 42
Owner CRONIN PAUL J & MEGAN B
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town and County of Nantucket, MA makes no claims and no
warranties, expressed or implied, concerning the validity or
accuracy of the GIS data presented on this map.
Parcels updated December, 2014
Properties updated 12/13/2017
EXHIBIT 64A"
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EXHIBIT "B"
N A NI V C K E
TOWN C L E ?J-.
Me MAP —9 PM 3: 00
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date : March 8 , 2018
To : Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No. : 02-18
Owner/Applicant: PAUL J. CRONIN and MEGAN B . CRONIN
Property Description : 89 Somerset Road
Map 66, Parcel 135 . 7
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 Nantucket Superior Court or Land Court within TWENTY
(20) days after this day' s 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 .
z
Eleanor W. Antonietti ,
Zoning Administrator
cc : Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND
WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW
SECTION 139-30 (SPECIAL PERMITS) ; SECTION 139-32 (VARIANCES) . ANY
QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT
508-325-7587 .
1 1 II
NANTUCKET ZONING BOARD OF APPEALS
4 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 66, Parcel 135.7 Book 1436, Page 346
89 Somerset Road Unit 2; Plan No. 2014-47
Residential Forty(R-40) 89 Somerset Road Condominium
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals on Thursday,
February 8, 2018, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the
Board made the following Decision on the Application of PAUL J. CRONIN and
MEGAN B. CRONIN, 89 Somerset Road,Nantucket, Masschusetts, 02554, File No. 02-
18.
2. Applicant seeks relief by Special Permit pursuant to Zoning By-law Section 139-
33.A(2)to alter and expand the pre-existing nonconforming dwelling Unit 2. Specifically,
applicant proposes to build an addition which will result in an increase in the pre-existing
nonconforming ground cover ratio upon the pre-existing nonconforming locus. In the
alternative, and to the extent necessary, Applicant requests relief by Variance from the
provisions of Section 139-16.A to allow a seventy-five (75) square foot increase to the
pre-existing nonconforming ground cover ratio. The Locus, an undersized lot of record,
situated at 89 Somerset Road, is shown on Assessor's Map 66 as Parcel 135.7, and on
Plan No. 2014-47.The subject structure is known as Unit 2 of the 89 Somerset Road
Condominium. Evidence of owner's title is recorded in Book 1436, Page 346, on file at
the Nantucket Registry of Deeds. The site is zoned Residential Forty(R-40).
3. Our decision is based upon the application and accompanying materials, and
representations and testimony received at our public hearing. There was no Planning
Board recommendation on the basis that no matters of planning concern were presented.
There was no opposition, written or oral,to the application.
4. The Locus, as shown on plan entitled, "Site Plan to Accompany Zoning Board of
Appeals Application in Nantucket, Mass."; dated February 5, 2018 and prepared by
Blackwell & Associates, Inc. (attached herewith as "Exhibit A"), is a pre-existing non-
conforming corner lot with double frontage onto both Somerset Road and Somerset Lane.
Specifically, the lot contains roughly 13,947 square feet in the Residential Forty (R-40)
zoning district which requires a minimum lot area of 40,000 square feet. The Premises is
also non-conforming as to ground cover ratio, having greater than 1,500 square feet
2
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which is maximum allowed for undersized lots of record pursuant to Section 139-
33.E(1)(b). The Premises complies with the zoning regulations in all other respects.
5. As explained by the Applicant's legal representative, the Locus has a complicated
history. The Locus was improved with two single family dwellings circa 1994 when it
was located in the LUG-2 zoning district, which required a lot size of 80,000 square feet,
and permitted a ground cover ratio of 4%, or 1,500 square feet for undersized lots. The
Premises complied with the 1,500 square foot maximum ground cover requirement until
2005, when Building Permit No. 1199-05 was issued to allow a 148 square foot addition
to one of the dwellings. The permit was presumably issued in error due to the fact that
the Premises was mistakenly thought to be in the "R-2" (now known as R-20) zoning
district which allowed for a 12.5% ground cover ratio.
6. A Building Location Plan dated July 7, 2008 was prepared by Blackwell &
Associates, Inc to allow for the issuance of a Certificate of Occupancy for the work
approved in 2005. This plan again shows the lot to be zoned "R-2" and to have a 790
square foot dwelling (Unit 1), the subject 603 square foot dwelling (Unit 2), and a 123
square foot shed for a ground cover of 1,516 square feet and a Ground Cover Ratio of
10.9%. A Certificate of Occupancy was subsequently issued for this addition.
7. At all times after 2005, all surveys, site plans and master deeds mistakenly
referenced the Premises as being located in the "R-2" zoning district and thus conforming
to the 12.5% ground cover ratio. The Locus underwent a change of zoning from LUG-2
to Residential Forty (R-40) by virtue of passage of Article 52 at 2010 Annual Town
Meeting. The premises did not, at that time, and does not currently conform to the R-40
minimum lot size of 40,000 square feet or the required ground cover ratio of 10% or
1,500 square feet.
8. A 2014 Master Deed Amendment site plan for the #89 Somerset Road
Condominium situated the premises (again mistakenly) in the "R-2" zoning district. The
lot is shown to have a 939 square foot dwelling (Unit 1), the subject 603 square foot
dwelling (Unit 2), a 123 square foot shed, and a 60 square foot shed resulting in a total
ground cover, not including the smaller "zoning shed", of 1,665 square feet. (The larger
123 square foot shed would have counted towards ground cover at the time this plan was
prepared when the By-law only allowed for exemption of sheds up to 120 square feet.
This was later changed to allow an exemption of a sheds up to 200 square feet when
Article 64 was passed at the 2015 Annual Town Meeting.) Given the erroneous
designation of the zoning district, the Locus was thus thought to be compliant with the
12.5% maximum, having a ground cover ratio of 11.9%. The applicant acquired the
property in June 2014 under the assumption that the property was in R-20 and compliant
as to ground cover.
3
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9. The above-referenced "Exhibit A" plan shows the premises As-Built conditions
to consist of a 925 square foot dwelling (Unit 1), the subject 586 square foot dwelling
(Unit 2), a 123 square foot shed, and a 65 square foot shed (sited in the layout of
Somerset Road). The resulting overall calculated ground cover, not including the larger
"zoning shed", is approximately 1,576 square feet, for a ground cover ratio of 11.3%. The
overage is therefore shown to be roughly seventy-six (76) square feet.
10. The Applicant proposes to construct an approximately seventy-five (75) square
foot addition to the first floor of Unit 2. The addition will essentially consist of enclosing
an existing porch and deck. The project benefits from Historic District Commission
approval by virtue of Certificate of Appropriateness No. 69210, as the same may be
amended from time to time. The proposed alteration will increase the ground cover of
said unit from roughly 586 square feet to 661 square feet. Accordingly, the applicant
seeks Special Permit relief pursuant to Section 139-33.A(2), of the By-law, which reads:
An extension, alteration, or change to an existing structure or a new structure
that will result in an increase in the pre-existing nonconforming ground cover
ratio of a lot may be allowed through issuance of a special permit, provided
that the special permit granting authority makes the following findings:
a) The increase in ground cover ratio will not be
substantially more detrimental to the neighborhood
than the existing nonconformity;
b) The resulting ground cover ratio is consistent with
the character of the surrounding neighborhood; and
c) The extension, alteration, or change to the existing
structure or the new structure is conforming to other
dimensional requirements of this chapter.
11. The Applicant maintained that the proposed construction of the new addition to
the dwelling, while resulting in an additional 75 square feet of ground cover upon the
premises, is considered to be consistent with the character of the surrounding
neighborhood, would not be substantially more detrimental to the neighborhood, and
would be otherwise conforming to dimensional requirements pursuant to Section 139-
16.A. As such, the Applicant asserted that the burden of proof had been met in satisfying
the criteria of Section 139-33.A(2) cited above. The Applicant also proposed to remove
the smaller 65 square foot shed on the southern portion of the locus and to restrict the
total ground cover area of the remaining "zoning" shed, located on the northwestern
portion of the property, to no more than the existing 123 square feet.
12. Based upon the facts set forth above, as presented by Applicant, the Board made
the finding that the 75 square foot addition to Unit 2, as proposed, would not be
4
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substantially more detrimental to the neighborhood than the existing nonconformity, that
the resulting ground cover is consistent with the character of the surrounding
neighborhood, and that the structure is otherwise conforming to the dimensional
requirements of the By-law.
13. Accordingly, by a MAJORITY VOTE (4 in favor, Toole opposed), the Board of
Appeals GRANTED the requested relief by SPECIAL PERMIT pursuant to By-law
Section 139-33.A(2), to allow the alteration and extension of the pre-existing,
nonconforming structure in excess of the permitted ground cover upon the locus, to be
increased by 75 square feet, subject to the following Conditions:
a) The Applicant shall remove the smaller 65 square foot shed located along
the southern lot line boundary;
b) The existing shed located along the northern lot line boundary shall be
restricted to no more than 123 square feet of gross ground cover.
SIGNATURE PAGE TO FOLLOW
5
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Assessor's Map 66, Parcel 135.7 Book 1436, Page 346
89 Somerset Road Unit 2; Plan No. 2014-47
Residential Forty(R-40) 89 Somerset Road Condominium
Dated: February 8, 2018
E 4 d S. Toole (opposed)
dialffillF .All
Agee Apb.j,-We- .,...- -_______
m Kosea
Michael O'
,, ,
Geoffrey Thayer
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On the eb‘-'day of ✓Ck- , 2018, before me, the undersigned notary
public, personally appeared v , Q A,V , one of
the above-named members of the Zo B acrd of Appeals of N. - cket, Massachusetts,
personally known to me to be the person whose name is si tMe on the preceding
document, and acknowledged that he signed the foregoing instrument voluntarily for the
purpose
therein expressed.
a
I 'ficial Signa tle and Seal of Notary Public
My commissiixpires:
I. MEGAN O'SHEA
l®t Notary PubfiS CAmMpivees%of M8$sad� is
My Gort�rissbn Fires May G8,c�
6
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T LIST OF PARTIES IN INTEREST rN THE MATTER OF THE PETITION OF:
—PROPERTY OWNEP.: Paul and Megan Cronin:_ .
C/O Vaughan, Dale, Hunter, and Beaudette, P.C., 2 Whalers Lane, Nantucket, MA 02554
MAILING ADDRESS ....................... ...: .......................................... .
PROPERTY LOCATION., 89 Somerset Road, Unit 2, Nantucket, MA 02554
ASSESSOR MAP/PARCEL......13.5:.x.............
SUBMITTED BY..Bryan,J; .................................................
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
property, owners of land directly opposite on any public or private street or way;
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list (M.G.L, c, 40A, Section I I and Zoning Code Chapter 40A, Section 139-29B
(2)•
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TOWN OF NANTUCKET
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66 66 66
FREEDMAN DONALD & JERE C RIDEN KIRK F & CARRIE M GEORGAKLIS JAMES TRST
42 SOMERSET IN 95 SOMERSET RD 330 NVASHINGTON ST
NANTUCKET, MA 02554 NANTUCKET, MA 02554 BOSTON, MA 02108
66
GF,LLO KARYN R TRUSTEE
44 SOMERSET LN TRUST
44 SOMERSET LN
NANTUCKET, MA 02554
66
GAMIvllLL CAMERON T & JULIE C
87 SOMERSET RD
NANTUCKET, MA 02554
66 66
ROWSEY SHERRY L & DUFFIN MARGARY 86 AND A HALF SOMERSET R -D LLC
4 RACEWAY DR P 0 BOX 2942
NANTUCKET, MA 02554 NANTUCKET, MIA 02584
66
SNqELDEN SCOTT R & NICOLE C
3 RACEWAY DR
NANTUCKET, MA 02554
66 -- -- --- 66-
CONNOR CHRISTOPHER J & LISA M NATLLS FARGO BANK NA
PO BOX 2235 C/0 OCWEN LOAN SERVICING LLC
NANTUCKET, MA 02584 1661 WORTHINGTON RD STE I0
NkTST PALM BEACH, FL 33409
66 66
GLIDDEN RICHARD J & KATHRYN L SARNIE WILLIAM & RILEY CAROLYN
PO BOX 816 PO BOX 3283
NANTUCKET, MA 02554 NANTUCKET, MA 02584
66
HUNTER CRAIG D & BRADFORD A
PO BOX 1371
NANTUCKET, MA 02554
66
HUNTER CRAIG D & BRADFORD A
43 SOMERSET LN
NANTUCKET, MA 02554
66
REINBERGS ARVIDS & DEHERTOGH
C/0 DOVE COTTAGE LLC
18 CLIFF ROAD
NANTUCKET, MA 02554
66
COURTNEY KARA & GIBSON STEVEN
PO BOX 484
NANTUCKET, MA 02554
66
HORTON' JOYCE A
3 CLARA DR
NANTUCKET, MA 02554
66
GODESEER LLC
PO BOX 1294
NANTUCKET, MA 02554
66 66
GLIDDEN RICHARD J & KATHRYN L WILLIAMS MARK P & TAMMY LYNNE
PO BOX 816 PO BOX 3070
NANTUCKET, MA 02554 NANTUCKET, MA 02584
66 66
CRONIN PAUL J & MEGAN B MCGOWAN MARTIN E & HOLLY P
75 SPARKS AVE 88 SOMERSET RD
NANTUCKET, MA 02554 NANTUCKET, MA 02554