HomeMy WebLinkAbout022-04
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: -IJpt i 30
, 2oal/-
To: Parties in Interest and. Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Owner/Applicant:
02-2, -0L(-
Donnq F. nnrHlJo
Application No.:
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 an complaint in 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.
" 1~~{A;ACV
/llCJJ;1.Vf U. .. . J Chairman
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING" TO ~ANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 55
Parcel 336
R-l
21 West York Lane
LC Plan 13302-G, Lot 11
LC Plan 13302-H, Lot 14
Cert. of Title 20,029
At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M.,
Friday, April 2, 2004, in the Conference Room, Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, on the Application of the DONNA F. MARTINO, of
81 Franklin Street, Englewood, NJ 07631, Board of Appeals File No. 022-04, the Board
made the following Decision:
1. Applicant is seeking a MODIFICA nON of a SPECIAL PERMIT issued in the
Decision in BOA File No. 003-02 that allowed construction of a new dwelling attached to
a pre-existing nonconforming shed structure to the rear of the property in order to meet
the 20% differential requirements of the Zoning By-law. Applicant is asking the Board to
allow a portion of the interior space of the renovated shed to be used as living space for
the attached dwelling, and be accessed directly from said dwelling, without altering the
footprint of the structure which is sited within the westerly five-foot required rear yard
setback area. See also BOA File Nos. 079-99, 003-02 and 022-03.
The Premises is located at 21 WEST YORK LANE, Assessor's Map 55, Parcel
336, and Land Court Plan No. 13302-G, Lot 11, and Land Court Plan No. 13302-H, Lot
14. The property is zoned Residential-I.
2. The Decision is based upon the Application and the material submitted with it and
the testimony and evidence presented at the Hearing. The Planning Board made no
recommendation finding that the matter did not present any issues of planning concern.
There were no letters on file.
3. The Applicant, through her representative, stated that she had acquired the Locus
in 2001. The Locus was benefited by previous grants of Special Permit relief in BOA File
No. 079-99, which allowed the swapping of land with the immediate abutter to the south
that did not change the overall lot size or ground cover; BOA File No. 003-02, which
allowed removal and alteration of pre-existing nonconforming structures to the rear and
construction of the new single-family dwelling onto the existing shed in order to meet the
20% differential requirement for primary and secondary dwellings on a lot; and in BOA
File No. 022-03, which allowed an upward expansion ofthe original single-family
dwelling on the lot, and which permit had not been activated as of the date of the
meeting. In the Decision in BOA File No. 003-02, there was no reference to what the
remaining shed, attached to the new dwelling, was to be used for. Applicant now
proposed to be able to access the interior space of the shed from the interior of the
attached dwelling and incorporate it into living space for the newly constructed about 23'
x 26' dwelling. There would be no increase or alteration of the footprint or increase in
any nonconformity as a result of the alteration of the interior space. The garage doors
facing Prospect Street would be maintained. Applicant stated that she was not asking for
anything new, just a clarification of the language in the previous Decision to specify that
this space could be used as living space accessed directly from the attached dwelling.
Applicant further pointed out that the structure had no status as a garage as it could not be
accessed from Prospect Street. The required parking was provided elsewhere on the Lot.
4. Based upon the foregoing, the Board fmds that the Modification of the Decision
in BOA File No. 003-02 to allow alteration of the interior space of the attached shed to
allow living space ancillary to the dwelling unit would not be substantially more
detrimental to the neighborhood than the existing nonconformity and have little impact as
all changes would take place on the interior of the structure without increasing any of the
existing nonconformities.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
MODIFICATION of the SPECIAL PERMIT relief in BOA File No. 003-02, to allow the
use of the shed structure for living space ancillary to the attached single-family dwelling,
based upon the following condition:
a. The Applicant shall not exercise the Special Permit relief granted in BOA
File No. 022-03 to alter the original dwelling unit located east of the subject dwelling,
which had not yet expired, in order to reduce the overall intensity of use on the Locus.
Any further expansion of that structure would need a separate grant of new relief by this
Board.
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at
1:00 P.M., FRIDAY, APRIL 2, 2004 in the Conference Room, Town Annex Building,
37 Washington Street, Nantucket, Massachusetts, on the Application of the following:
DONNA F. MARTINO
BOARD OF APPEALS FILE NO. 022-04
Applicant is seeking a MODIFICATION ofa SPECIAL PERMIT issued in the
Decision in BOA File No. 003-02 that allowed construction of a new secondary dwelling
attached to a pre-existing nonconforming shed structure in order to meet the 20%
differential requirements of the Zoning By-law. Applicant is asking the Board to allow a
portion of the interior space of the renovated shed to be used as living space for the
attached secondary dwelling, and be accessed directly from said dwelling, without
altering the footprint of the structure which is sited within the westerly five-foot required
rear yard setback area. The southernmost section of the shed would continue to be
maintained as a storage area.
The Premises is located at 21 WEST YORK LANE, Assessor's Map 55, Parcel
336, Land Court Plan No. 13302-H and 13302-G, Lot Nos. 14 and 11, respectively. The
property is zoned Residential-I.
THIS NOTICE IS A V AILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
/',
..
II
NANTUCKEt ZONING BOARD OF APPEALS
t. 1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
CASE N<DC( -0 <f
FEE't $300.00
APPLICATION FOR RELIEF
7)O{f)I1Cf r. moml1O
1/ (fOf)/c!r'n 51'{'(/ e:t" /. tv) 7 (Q Ufcvd) jIJ J 07 ~ "3/
(:;'a nw. )
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Mailing address: . r .sa pM ) . .
'Locus'address: ;2/ . u.Je5'f rryt:../oY1e Assessor's MaplParcel: S....S" -3:.'5r;
. . 1330 z. -1-1 . . / 1:./
Land Court Plan/Plan Book & PagelPlan File No.: 13 30 2 - ~ . .. Lot No.: 1/
Date lot acquired:.!lI_l5! Deed Ref./Cert. of Title: O?CJ, IJ 2., 9 Zoning District:
. I I
Uses on Lot- Commercial: Nonej(,.Yes (describe)
. Residential: Number of ~wel~~F~ -2. Duplex~ Apartments Rental Rooms
. Bunding Date(s): All pre-date 71727 ~ /tN.UJ ry ("onJ7r/)d~J~ (lJI/I:iilrjfO(S)?
Building Permit Nos: L
Previous ~ning Board Application Nos.: . 0 J{ - 99 /tJ03 -tJ2! () 2.2 ~&3
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By~law, and supporting details, grounds for grant of,reli~f, listin$ any existing noncol!-formitie~:
':It'ja.;n;{ UJ' J€e(C/i/1i 0. modi {; (CI'Y7CJn c;I ~ Veet.JIM
. "Tho!} tt 112 NO. 003 --102.-. tJrr;; l/c allY-- ~ r.:~ i{:;.!ir It! ~ c(
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Owner's name(s):
Mailing address:
Applicant's name(s):
. . ~
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pa. iDS~alti~~Yj/. .. .
SIGNATURE: ~ ~ Applicant X Attorney/Agent
(If Dot owner or owner s orney, please enclose prO(~f of agency to bring this matter before the Board)
F BA FFICE USE -:)/'}l-v/ ~-
Application received on:.:3..-,-1-J o{By: Complete~Need copies?: (.,./',
Filed with Town Clerk:3J&IO<l Planning Board:_I_I___ Building De(JL._.'_.'_"'")y: (jqz)
Fee deposited with Town Treasurer:'.J;iJliaiBy:~iver requested?:-:..-Granted:-:-/_I_,
Hearing notice posted with Town Clerk:~.Jf'/:JiMailed:2t1 ) 16<(I&M:3 I!?'IOC{& --.J./2Jj~
Hearing(s) held on:_I_I_ Opened on:--.I_I_ Continued to:--.I_I_ Withdrawn?:_I_I_
DECISION DUE BY: 1 1 Made: 1 1 Filed wrrown Clerk: 1 1 Mailed: 1 1 '.
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ZONING CLASSIFICATION: .~ ~ L.
MIN. AREA: . . . .~'?C?.o. ~'..c:. .
MIN. FRONTAGE: . . .~Q .!=;r.. . .
FRONT YARD S.B.: . ..(Q R~. .
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I CERTIfY, AS OF : . . . . . . . . . . . . THAT
THE BUILDING(S) IS/ARE LOCATED ON THE
GROUND AS SHOWN HEREON.
PROFESSIONAL LAND SURVEYOR
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BUILDING LOCATION PLAN
OF LAND IN
NANTUCKET, MASS.
Rev. Z-:Z7-o~
SCALE: ,"= 15' DATE: l-Z5-0:2.
Owner: ..P.o./'{I-("'!' /"':C~!?-T(1'!9. . . . . . . .
LC. CEl't.T. ,{.OT /I; L.C.l3:302-
Deed: . . ;?qQ;;'.!? . . . Pion r,; p. ./-.,0"T./-:1-.;.
L.C./330Z-H.
Locus . f!.1.Yy~{.'T.::(QJ<;.t<;.I--.A./'>(.E;. . . .
CHARLES W. HART & ASSOCIATES, Inc.
SANFORD BOAT BUILDING
49 SPARKS AVENUE
NANTUCKET, MASS. 02554
(508) 228-8910
NOT TO BE RECORDED. H - <01 (;; 8
THIS PLOT PlAN WAS PREPARED FOR THE TOWN
OF NANTUCKET BUILDING DEPARTMENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY LINE
SURVEY. THIS PLAN SHOULD NOT BE USED TO
ESTABUSH PROPERTY LINES, FENCES. HEDGES, OR
ANY ANCILLARY STRUCTURES ON THE PREMISES.
THE PROPERTY LINES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD.
TH1S PLOT PlAN IS NOT A CERTIFICATION AS TO
TITLE OR OWNERSHIP OF THE PROPERTY SHOWN.
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDJNG TO CURRENT ASSESSOR RECORDS.
ASSESSOR MAP: .s.s. . . . PARCEL: ;3.3.<0. .
C,\JOftS\CW~91.P
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NANTUCKET, MASSACHUSETTS 02554
TOWN OF NANTUCKET
BOARD OF APPEALS
Date:
IJf/'ll
, 2002-
7'
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
003-02-
'8on{)(L f'ror+t ho
Owner/Applicant:
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 an complaint in 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.
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING-TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
(
NANTUCKET ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
Assessor's Map 55, Parcel 336
21 West York Lane
Residential-1
Land Court Plan 13302-G, Lot 11,
and Plan 13302-H, Lot 14
Certificate of Title No. 20029
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, March 8, 2002 (having been opened on January
11, 2002, continued to February 8, 2002, and further continued to
March 8, 2002), at 1:00 P.M., in the Conference Room, in the Town
Annex Building, 37 Washington Street, Nantucket, Massachusetts,
the Board made the following decision on the application of DONNA
MARTINO, c/o Reade, Gullicksen, Hanley & Gifford, LLP, Post
Office Box 2669, Nantucket, Massachusetts 02584, File No. 003-02:
2. The Applicant is seeking relief by SPECIAL PERMIT under
Nantucket Zoning By-law ~139-33.A (alteration or expansion of a
pre-existing, nonconforming structure or use). The Applicant
proposes to remove a dilapidated shed and replace it with a
smaller secondary dwelling. The existing ground cover is about
1,470 square feet, in a district in which maximum ground cover
for this undersized lot is about 1,346.7 square feet (30% of the
lot area of about 4,489 square feet). The proposed new total
ground cover upon completion of the Applicant's proposed project
would be about 1,460 square feet. In the alternative, the
applicant is seeking relief by VARIANCE from Nantucket Zoning By-
Law ~139-16.A to complete the project as proposed. The 12-foot
scalar separation and the 20% differential in ground cover
between primary and secondary dwelling would be met. In addition
the Applicant is seeking relief by SPECIAL PERMIT under Nantucket
Zoning By-law ~139-18 (parking requirements) to waive one parking
space. One space is currently provided on site, and the second
space would be provided in a stacked manner. The Applicant
proposes to remove an existing one-story dilapidated
nonconforming shed at the rear of the subject property (the
"Locus") and construct a new one and one-half story conforming
secondary dwelling that would be attached to an existing garage
structure. The Locus is nonconforming as to lot size, having lot
area of about 4,489 square feet in a district in which minimum
lot area is 5,000 square feet; as to front yard setback, with the
principal dwelling situated at about three feet at the closest
point from West York Lane, in a district in which minimum setback
is 10 feet; and as to side and rear yard setback, with the
existing shed situated at about one foot at its closest point
from the northerly side yard lot line, and about two feet at its
closest point from the westerly rear yard lot line, and with a
1
separate garage structure being situated at about 1.5 feet at its
closest point from the westerly rear lot line, with the minimum
side and rear yard setback in this district being five feet. See
also Board of Appeals Files, Nos. 078-99 and 079-99.
The Locus is situated at 21 West York Lane, Assessor's Map
55, Parcel 336, consists of Land Court Plan No. 13302-G, Lot 11,
and Land Court Plan 13302-H, Lot 14, and is situated in a
Residential-l zoning district.
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 matter of planning concern
was presented. One abutting property owner spoke in opposition
at the first two meetings upon this Application, but was not
present at the final meeting on March 8, 2002. In the file was a
letter from the Nantucket Fire Department that stated that there
were no issues of fire safety with the construction of the new
dwelling in the originally proposed location and at the
originally proposed ground cover.
4. The Locus consists of a pre-existing, nonconforming
parcel, reconfigured by virtue of Special Permit relief granted
by the Board of Appeals in order to cure mutual encroachments of
structures between the Locus and the abutter's property as
previously configured, in Files Nos. 078-99 and 079-99. While
the plan endorsed by the Planning Board under its File No. 6429
pursuant to those Special Permits, and filed with the Land Court
as Plans 13302-G and 13302-H, and the subsequent mutual
conveyances between the owners, cured those encroachments and
established conforming setbacks between the two reconfigured
lots, it did not and could not cure the pre-existing setback
nonconformities of the Locus as to setbacks from its other lot
lines. Likewise, the pre-existing nonconformity in ground cover
ratio of the Locus remained unchanged.
5. After discussion between the Applicant's representatives
and the Board of Appeals at the January 11, 2002 and February 8,
2002 meetings, the Applicant presented at the March 8, 2002
meeting a new plan with maj or changes from the original plans.
The new plan, being a Building Location Plan by Charles W. Hart &
Associates, Inc., dated January 25, 2002, and revised February
27, 2002, a reduced copy of which is attached hereto as Exhibit
A, shows a revised size and footprint of the new proposed
dwelling, which will result in conformance with the maximum
ground cover ratio of 30% and will eliminate the need for parking
relief by provision of two conforming on-site parking spaces.
Total ground cover of the new dwelling will be about 799 square
feet (including the new structure of about 608 square feet, added
2
to the garage/storage structure containing about 191 square
feet). When added to the ground cover of the existing principal
dwelling containing about 547 square feet, total ground cover
upon the lot will be about 1,346 square feet, for a ground cover
ratio of exactly the 30% permitted under the By-law. The only
reason why the project still needs relief is that the pre-
existing, nonconforming garage structure will be attached to the
new dwelling so that it can be counted in determining the ground
cover of the dwelling, which will be necessary in order for the
differential of 20% between the ground cover of the two dwellings
to be maintained as required by the By-Law.
6. Since the pre-existing garage structure will not be
altered in any respect as to its dimensional nonconformity with
the By-Law, its alteration to be incorporated into the new
dwelling will not have any effect upon the neighborhood. In
addition, existing nonconformities related to ground cover and
setback of an ancillary structure that will be demolished, will
be eliminated with construction of the new dwelling, sited
outside of the required five-foot rear and side yard setback
requirement. Accordingly, by UNANIMOUS vote, the Board of
Appeals made the finding that the proposed alteration will not be
substantially more detrimental to the neighborhood than the pre-
existing nonconformity, and GRANTED the requested SPECIAL PERMIT
under By-Law ~139-33.A(4), subject to the condition that
construction shall be done in substantial conformity with the
site plan attached as Exhibit A.
7. The Applicant's requests for Variance relief and parking
relief by Special Permit were rendered moot by the changes to the
plan, and were withdrawn without prejudice at the March 8, 2002,
meeting. No relief from ground cover was granted, and
accordingly the project must be constructed within the 30%
maximum ground cover ratio.
Dated: April ~ , 2002
C.
- ..,----- '.......--.
Edward C. /Murphy
/,/
//
3
ZONING, GLASSIFICATION: .~ ~ 1.
MItt. ARFA: . . . .~<??P ~'.F: .
lAIN. FRONTAGE: , . ~Q ..r::'{.. . ,
FRONT YARD S.B.: , -. .lQ ;::7.'-. .
REAR de SIDE S,8.: . ,~ F:~. .
GROUND COVER (r.): . . ~ P:"" . .
EXISTING:
4-f89:t:S.~
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, 8.9. .9.:3
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PROFESSIONAL lAND SURVEYOR
THIS PLOT PLAN WAS PREPARED fOR THE TOWN
OF' NANTUCKET BUILDING DEPARTMENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERlY UNE
SURVEY. THIS PLAN SHOULD NOT BE USED TO
ESTABUSH PROPERTY UNES, FENCES, HEDGES, OR
AN( ANCILLARY STRuCruRES ON THE PREMISES.
THE PROPERTY UNES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF' RECORD.
THIS PLOT PLAN IS NOT A CER11ACAllON AS TO
TITlE OR OWNERSHIP Of THE PROPERlY SHOWN.
OWNERS OF' ADJOINING PROPER11ES ARE SHOWN
ACCORDING TO CURRENT ASSESSOR RECORDS.
ASSESSOR MAP: ~s. . . , PARCEL: .;3,3.10. .
C.\JOIS\c:wt+..111
3'
L .:1"T":>'. W/F
DWE/.-/...ING
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G.C.: 05"1-7:1: S.P.
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37."00
SS - "1-
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BUILDING LOCATION PLAN
OF LAND IN
NANTUCKET, MASS.
Rdv. ;e - ~7- 0'<;
SCALE: 1.... 15' DATE: 1-2.5-0::'
Owner: ..z>.o."(l<(~ .t-:'~~T(;Y9. . . . . . . .
~,c. C.lr~'r. Lor II; L.C./3:302-
Deod: . .~QQ?~ . . , . Plan (7/c./-"o7',/-:f-.;.
,l..,.C./:?>302.-H.
Loculi. if!.1 .y(/if';>T.~ql<T~ .f.-A/,{~ , , . ,
CHARLES W. HART & ASSOCIATES, Inc,
SANFORD BOAT BUll.DING
49 SF ARKS AVENUE
NANTUCKET, MASS. 02554
(S08} 228-8910
NOT TO BE RECORDED. H - G;; 1 G 8
!1. C;, IJ 0
Town of Nantucket
RECEIVED .
BOARD OF ASSESSORS
M~R 0 2, 2004
"
TOWN OF
NANTUCKET,. MA
ZONING BOARD OF APPEALS
LIST OF P ARTlES IN INTEREST IN THE MA TIER OF THE PETITION OF
. ,
. ..~-.-r'-/D r
PROPERTY OWNER.....L~/.~...........~....t:::
.' .~ T' .
MAILfNG ADDRESS...........................:...........................................
PROPERTY LOCATION... ...;ZI..... A/... ...~...~
. . ;~ Ss:. 33/-
ASSESSORS MAPIPARCEL:.................... ... ...V?............... ..................
APPLICANT....................................................................... .............
SEE ATIACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property, owners of
land directlr opposite on any public or private street or way; and abutter.s of the abutters and all
other land owners within 300 feet of the, property Iirie of owner's property I all as they appear ?n
the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139.
Section 139-29D (2) ..
(}Jfd.. 3~.. .;2rJ.a t(
.~..i2A
DATE'
ASSESSOR'S OFFICE
Town of Nantucket
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