HomeMy WebLinkAbout074-03
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
o cJof/uA 17
, 2003
To: Parties in Interest and Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: o7Lf-{)3
Owner/Applicant: ~,Qy l.U"'(A)OJ./Y\~': O~ ~ &.
UJal^ne.- / O-,>'-f-h.J>1ees ~ ~%~, -F~ Ll.CUf1.=
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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.
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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 9139-301 (SPECIAL PERMITS); ~139-321 (VA~IANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
37 Washinqton Street
Nantucket, Massachusetts 02554
Assessor's Map 42.3.3, Parcel 169
Ten Vestal Street
Residential Old Historic
Book 457, Page 95
DECISION:
At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, October 10, 2003, at 1:00 PM, in the
Conference Room, Town Annex Building, 37 Washington Street,
Nantucket, Massachusetts, the Board made the following decision
on the application of DALE W. WAINE and PAUL B. WAINE, as
TRUSTEES of JOSEPHINE F. WAINE 1992 TRUST, c/o Sarah F. Alger,
P.C., Two Union Street, Nantucket, Massachusetts 02554, File No.
074-03:
1. The Applicants are seeking relief by Special Permit
under Nantucket Zoning By-law (the "By-law") ~139-33.E. (2) (a).
The Applicants propose to demolish the existing dwelling having
ground cover of about 648 square feet and a total ground cover
ratio of about 13.6% and to construct a new single-family
dwelling with an attached garage that will have total ground
cover of about 1, 780 square feet and a ground cover ratio of
about 37.5%. The locus contains about 4,756 square feet of lot
area in a district that requires a minimum lot area of 5,000
square feet. The By-law allows relief by Special Permit to
exceed the maximum ground cover ratio of 30% for this subminimum
lot provided that the ground cover ratio does not exceed the
maximum allowable ground cover ratio of 50% for conforming lots
in the Residential-aid-Historic zoning district in which the
Premises are located. The new structure would meet all setback
and parking requirements. The Board previously granted the
requested relief in its Decision in File No. 012-01, but the
Applicant did not act upon such relief within prescribed
statutory time limit, and as a result, such relief has arguably
expired.
The Premises are located at TEN VESTAL STREET, Assessor's
Map 42.3.3, Parcel 169, Book 457, Page 95, with no record plan.
The Premises are zoned Residential-aid-Historic.
2. Our decision is based upon the
accompanying materials, and representations
received at our public hearing. The Planning
that this matter was not of planning concern.
opposition presented at the public hearing,
representatives, or in writing.
application and
and testimony
Board indicated
There was no
personally, by
3. The locus is currently improved by a one-story, single-
family dwelling. The existing dwelling is in poor condition and
would not meet any current code requirements, having, for
example, an interior ceiling height of only about 6 feet, 10
inches, and a bedroom that is undersized. The locus has been in
the Applicants' family for over 50 years and is impractical by
today's standards. For these reasons, the Applicants propose to
demolish the existing dwelling and to construct a new, one and
one-half story dwelling, with a one story attached garage, on the
locus.
4. The locus is located in a Residential-aid-Historic (ROH)
zoning district and is nonconforming as to lot area, containing
about 4,756 square feet, where a minimum of 5,000 square feet is
required. The locus is short of the required minimum lot size of
5,000 square feet by only about 244 square feet. If the locus
were conforming as to lot area, the maximum permitted ground
cover would be 50%, and the Applicants would be permitted to
perform the proposed construction as a matter of right, without
relief from this Board. The locus, as currently improved,
conforms to all other dimensional requirements of the By-law.
5. The existing structure on the locus has ground cover of
about 648 square feet (resulting in a ground cover ratio of about
13.6%), where maximum permissible ground cover in an ROH zoning
district for a lot having less than 5,000 feet under By-law ~139-
33.E. (2) (a), without special permit relief, is 30% of the total
lot area, or about 1,426 square feet. Under By-law ~139-
33.E. (2) (a), the Applicants may, by special permit, have maximum
ground cover of up to 50% or about 2,378 square feet. The
Applicants seek such a special permit under By-law ~139-
33. E. (2) (a) to demolish the existing dwelling and to construct a
new single-family dwelling with an attached garage that will have
total ground cover of about 1,780 square feet and a ground cover
ratio of about 37.5%. Following the construction, the locus will
meet all other dimensional requirements of the By-law, including
setbacks, and will comply with all parking requirements.
6. The locus is located on Vestal Street, and the Board
took note of the fact that many properties in the neighborhood
are improved with large, two-story structures.
7. The Board previously granted the requested relief in its
Decision in File No. 012-01. Due to the death of the Applicants'
mother and other illness in the family, the Applicants have not
acted upon such relief. The Board finds that there has been no
material change in circumstances since the relief was granted in
File No. 012-01 and that its findings in that decison are still
viable today.
8. Upon these facts, the Board of Appeals finds that the
proposed relief, increasing the ground cover from 684 square feet
(13.6%) to about 1,780 square feet (37.5%), conditioned as set
forth herein, will not be substantially more detrimental to the
neighborhood and will be in harmony with the general purpose and
intent of the By-law.
~. Accordingly, by a UNANIMOUS vote, the Board grants the
requested relief by SPECIAL PERMIT, under Nantucket Zoning By-law
~13 9-33. E. (2) (a) , to demolish the existing dwelling and to
2
construct a new, one and one-half story, single-family dwelling
with a one story, attached garage that will have total ground
cover of about 1,780 square feet, resulting in an increase of the
ground cover ratio from about 13.6% (648:1: square feet) to about
37.5% (1,780:1: square feet) upon the locus upon the following
express conditions:
a. The new, one and one-half story, single-family
dwelling and the one story, attached garage shall
have a maximum ridge height of twenty-six (26)
feet.
b. The maximum permitted ground cover on the locus,
wi thout further relief from this Board, shall be
about 1, 780 square feet, resulting in a maximum
ground cover ratio of about 37.5%.
c. All of the new construction will meet all other
dimensional requirements of the By-law, including
setbacks, and the locus will comply with all
parking requirements.
d. All of such construction upon the locus shall be
in substantial conformity with Certificate of
Appropriateness No. 38050, issued by the Nantucket
Historic District Commission, as the same may be
amended from time to time.
Dated: October
\1 , 2003
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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, OCTOBER 17, 2003, IN THE CONFERENCE
ROOM, TOWN ANNEX BUILDING, 37 Washington Street, Nantucket,
Massachusetts, on the Application of the following:
JOSEPHINE F. WAINE 1992 TRUST, DALE W. WAINE AND PAUL B. WAINE,
TRUSTEES
BOARD OF APPEALS FILE NO. 074-03
Applicant is seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33E(2Xa). The Applicants propose to demolish the existing single-
family dwelling, with a ground cover of about 648 square feet (about 13.6%) and
construct a new single-family dwelling with an attached garage that will have a total
ground cover of about 1,780 square feet (about 37.5%). The new structure would meet all
setback requirements and parking would be provided on site. The By-law allows relief by
Special Permit to exceed the maximum ground cover ratio allowed of 30% for this sub-
minimum lot provided that the ground cover ratio does not exceed the maximum
allowable ground cover ratio of 50% for conforming lots in the ROH zoning district in
which the property is located. The Locus is nonconforming as to lot area with the Lot
containing about 4,756 square feet of area in a district that requires a minimum lot size of
5,000 square feet. The Board previously granted this relief in the Decision in BOA File
No. 012-01, but the Applicant never acted upon it within the statutorily required time
limit and said Decision has arguably expired.
The Premises is located at 10 VESTAL STREET, Assessor's Map 42.3.3, Parcel
169, Deed Ref. 457/95. The property is zoned Residential-Old-Historic,
THIS NOTICE IS AVAILABLE IN LARGE P T OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
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FEE: $300.00
NANTUCKET ZONING BOARD OF APPEALS
lEAST CHESTNUT STREET
NANTUCKET, MA 02554
APPLICA TION FOR RELIEF
CASE NO. ()7Lf~
Owner's name(s): Dale W. Waine and Paul B. Waine, As Trustees Of Josephine F. Waine 1992 Trust
Mailing address: do Sarah F. Ah!er, P.C., Two Union Street, Nantucket, Massachusetts 02554
Applicant's name(s): same as above
Mailing address: same as above
Locus address: Ten Vestal Street Assessor's MaplParcel: 42.3.3/169
Land Court PlanIPlan Book & PagelPlan File No.: None Lot No.: None
Date lot acquired: 10/21/94 Deed Ref.!Cert. of Title: Book 457, Page 95 Zoning District: ROH ....
Uses on Lot - Commercial: None.x. Yes (describe)
Residential: Number of dwellings .!. Duplex No Apartments No Rental Rooms No
Building Date(s): All pre-date 7/72? Yes or C of O(s)? N/A
Building Permit Nos:
Previous Zoning Board Application Nos.: 012-01
State below or on a separate addendum speciOc relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
,
The Applicants are seeking relief by Special Permit under Nantucket Zoning By-law (the "By-law") S 139-
33.E.(2)(a). The Applicants propose to demolish the existing dwelling having ground cover of about 648 square
feet and a total ground cover ratio of about 13.6% and to construct a new single-family dwelling with an attached
garage that will have total ground cover of about 1,780 square feet and a ground cover ratio of about 37.5%. The
locus contains about 4,756 square feet of lot area in a district that requires a minimum lot area of 5,000 square
feet. The By-law allows relief by Special Permit to exceed the maximum ground cover ratio of 30% for this
sub-minimum lot provided that the ground cover ratio does not exceed the maximum allowable ground cover
ratio of 50% for conforming lots in the Residential-Old-Historic zoning district in which the Premises are located,
The new structure would meet all setback and parking requirements. The Board previously granted this relief in
Case No. 012-01, but the Applicants never acted upon it.
I certify that the informati~n contained herein is substantially complete and true to the best of my
knowledge, under the pains and pe alties of perjury.
SIGNATURE: Applicant Attorney/Agent .x.
(If not owner or ner's attorne please enclose of of agency to bring this matter before the Board)
FO~m~,9FFICE USE ~
Application received on: 9. lJ.J{f!:;:p,y: UJ UAJ Complete: Need copies?:
Filed with Town Clerk:11 3::!C&PI' r : . . BY:LI!Z1iJ
Fee deposited with Town Treasurer: 9/?C):::t:;By:@waiver reque ed?:_Granted:_I_/_
Hearing notice posted with Town Clerk:YI 5CJ~ailed:tJ;kQ3.& :JQz 1Q2 & It) I!(J b-3
Hearing(s) held on:-'-'_ Opened on:_I-'_ Continued to:_I_1 Withdrawn?:_I_I_
DECISION DUE BY:_I-'_ Made:_I-'_ Filed wffown Clerk:-'_I_ _1-'_
DECISION APPEALED?: 1 1 SUPERIOR COURT: LAND COURT Form 4/03/03
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ZONING CLASSIFICATION: I?:- 0.' I.f.
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BUILDING LOCATION PLAN
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NANTUCKET, -1:1~~~'gq9L
SCALE: ,-. /5' DA~A~.3, ~
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CHARLES W. HART & ASSOCIATES, Inc.
SANFORD BOAT BUILDING
49 SPARKS AVENUE
NANTUCKET, llASS. 02554
NOT TO BE RECORDED. (508) 228-8910 H-5825
PROFESSIONAL lAND SURVEYOR
THIS PLOT PLAN WAS PREPARED FOR 1HE TOWN
OF NANTUCKET BUILDING DEPARTMENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY UNE
SURVEY. 1HIS PLAN SHOULD NOT BE USED TO
ESTABUSH PROPERTY UNES. FENCES. HEDGES. OR
ANY ANCILLARY STRUClURES ON 1HE PREMISES.
THE PROPERTY UNES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD.
THIS PLOT PLAN IS NOT A CERTIACAllON AS TO
11TLE OR OWNERSHIP OF THE PROPERTY SHOWN.
OWNERS OF ADJOINING PROPERTIES ARE SHOWN
ACCORDlNa TO C~ ASSESSOR RECORDS.
ASSESSOR MAe: 1~:I6.RCEL: !.~{J. .
ZONING CLASSIFICATION: .1?-:- J .
I.IIN. ARfA: . . . . . . . $000.s.F.
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BUTI.J)ING LOCATION PLAN
OF LAND IN
NANTUCKET, MASS.
SCALE: 1. _ /5' DATE: "14~ .3 I ,2000
D4~ v.J. &. PAuL. e. ""A/NE. ,~~
Owner: ~ ../oSEP.Hif..€. 'F;: y./flINE. J.j~2.. ~,
Deed: ~~:1~?:' ~.-:9~. Plan ~?';-1!=-. . . . .
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Locus . . . . . . . . . . . . . . . . . . . . . .
CHARLES W. HART & ASSOCIATES, Inc.
SANFORD BOAT BUILDING
49 SPARKS AVENUE
NANTUCKET, llASS. 02554
NOT TO BE RECORDED. (508) 228-8910 H-5825
THIS PLOT PLAN WAS PREPARED FOR THE TOWN
OF NANTUCKET BUILDING DEPARTMENT ONLY AND
SHOULD NOT BE CONSIDERED A PROPERTY UNE
SURVEY. THIS PLAN SHOULD NOT BE USED TO
ESTABUSH PROPERTY UNES. FENCES. HEDGES. OR
ANY ANCILLARY STRUcnJRES ON THE PREMISES.
THE PROPERTY UNES SHOWN RELY ON CURRENT
DEEDS AND PLANS OF RECORD.
THIS PLOT PLAN IS NOT A CER1lFlCATlON AS TO
TITLE OR OWNERSHIP OF THE PROPERTY SHOWN.
OWNERS Of ADJOINING PROPER1lES ARE SHOWN
ACCORDING TO CURRENT ASSESSOR RECORDS.
ASSESSOR MAP: 1~.?;~ , PARCEL: ;rp:J. .
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TUWN UF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
ffp.,,' l
9
, 2001
To: Parties in Interest and, Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.: CJL2--6l
Owner/Applicant: Oa. \e \JJ. U h~ ne-- C~\'\.& q.:u.U/ {3.
WQ.t'y\P ) QS TV'USt--eeb 0+ JO~hl'nL.., r.
lAJalt\ I qq~ TruST
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.
rJ\..c.
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 NANTUCKET
ZONING BY-LAW n139-30I (SPECIAL PERMITSb ~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 42.3.3, Parcel 169
Ten Vestal Street
Residential Old Historic
Book 457, Page 95
DECISION:
At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, March 9, 2001, at 1:00 PM, in the Conference
Room, Town Annex Building, 37 Washington Street, Nantucket,
Massachusetts, the Board made the following decision on the
application of DALE W. WAINE and PAUL B. WAINE, as TRUSTEES of
JOSEPHINE F. WAINE 1992 TRUST, c/o Sarah F. Alger, P.C., Two
Union Street, Nantucket, Massachusetts 02554, File No. 012-01:
1. The Applicants are seeking relief by Special Permit
under Nantucket Zoning By-law (the "By-law") ~139-33.E. (2) (a).
The Applicants propose to demolish the existing dwelling having
ground cover of about 648 square feet and a total ground cover
ratio of about 13.6% and to construct a new single-family
dwelling with an attached garage that will have total ground
cover of about 1,780 square feet and a ground cover ratio of
about 37.5%. The locus contains about 4,756 square feet of lot
area in a district that requires a minimum lot area of 5,000
square feet. The By-law allows relief by Special Permit to
exceed the maximum ground cover ratio of 30% for this subminimum
lot provided that the ground cover ratio does not exceed the
maximum allowable ground cover ratio of 50% for conforming lots
in the Residential-aid-Historic zoning district in which the
Premises are located. The new structure would meet all setback
and parking requirements.
The Premises are located at TEN VESTAL STREET, Assessor's
Map 42.3.3, Parcel 169, Book 457, Page 95, with no record plan.
The Premises are zoned Residential-aid-Historic.
2. Our decision is based upon the
accompanying materials, and representations
received at our public hearing. The Planning
that this matter was not of planning concern.
opposition presented at the public hearing,
representatives, or in writing.
application and
and testimony
Board indicated
There was no
personally, by
3. The locus is currently improved by a one-story, single
family dwelling. The existing dwelling is in poor condition and
would not meet current code requirements, having, for example, an
interior ceiling height of only about 6 feet, 10 inches, and a
bedroom that is undersized. The Applicants' mother will use the
locus, which has been in the Applicants' family for over 50
years. The Applicants propose to demolish the existing dwelling
and to construct a new, one and one-half story dwelling, with a
one story attached garage, on the locus.
4. The locus is located in a Residential-aid-Historic (ROH)
zoning district and is nonconforming as to lot area, containing
about 4,756 square feet, where a minimum of 5,000 square feet is
required. The locus is short of the required minimum lot size of
5,000 square feet by only about 244 square feet. If the locus
were conforming as to lot area, the maximum permitted ground
cover would be 50%, and the Applicants would be permitted to
perform the proposed construction as a matter of right, without
relief from this Board. The locus, as currently improved,
conforms to all other dimensional requirements of the By-law.
5. The existing structure on the locus has ground cover of
about 648 square feet (resulting in a ground cover ratio of about
13.6%), where maximum permissible ground cover in an ROH zoning
district for a lot having less than 5,000 feet under By-law ~139-
33.E. (2) (a), without special permit relief, is 30% of the total
lot area, or about 1[426 square feet. Under By-law ~139-
33.E. (2) (a), the Applicants may, by special permit, have maximum
ground cover of up to 50% or about 2,378 square feet. The
Applicants seek such a special permit under By-law ~139-
33.E. (2) (a) to demolish the existing dwelling and to construct a
new single-family dwelling with an attached garage that will have
total ground cover of about 1,780 square feet and a ground cover
ratio of about 37.5%. Following the construction, the locus will
meet all other dimensional requirements of the By-law, including
setbacks, and will comply with all parking requirements.
6. The locus is located on Vestal Street, and the Board
took note of the fact that many properties in the neighborhood
are improved with large, two-story structures.
7. Upon these facts, the Board of Appeals finds that the
proposed relief, increasing the ground cover from 684 square feet
(13.6%) to about 1,780 square feet (37.5%), conditioned as set
forth herein, will not be substantially more detrimental to the
neighborhood and will be in harmony with the general purpose and
intent of the By-law.
8. Accordingly, by a UNANIMOUS vote, the Board grants the
requested relief by SPECIAL PERMIT, under Nantucket Zoning By-law
~139-33.E.(2)(a), to demolish the existing dwelling and to
construct a new, one and one-half story, single-family dwelling
with a one story, attached garage that will have total ground
cover of about 1,780 square feet, resulting in an increase of the
ground cover ratio from about 13.6% (648:1: square feet) to about
37.5% (1,780:1: square feet) upon the locus upon the following
express conditions:
a. The new, one and one-half story, single-family
dwelling and the one story, attached garage shall
2
have a maximum ridge height of twenty-six (26)
feet.
b. The maximum permitted ground cover on the locus,
without further relief from this Board, shall be
about 1,780 square feet, resulting in a maximum
ground cover ratio of about 37.5%.
c. All of the new construction will meet all other
dimensional requirements of the By-law, including
setbacks, and the locus will 0 ly w'th all
parking requirements.
Dated: ~~L~, 2001
~
Jr.
~:cr c. Murphy
.......-
Edward S. Toole
3
. (j
~ ID ,0
Town of Nantucket
r:-SEIVED
s:- ,-, OF ASSESSORS
SI:P 0 42003
,tUWN OF
L:,;'J tUCKET, MA
ZONING BOARD OF APPEALS
,
to,
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF
PROPERTY OWliER.. .#J.A~......D~..f.:....12.L .:-:tM -
, :/.Y.U,
MAILfNG AD~RESS...", "."..",.,,,.,,. r '/'"'''''''' "",,' ",.".,.",."..., '''.
PROPERTY LOCATION".."../.a,....~,~..,.,,,.,,.,",..
,: 1f.~39 _/1 a
ASSESSORS MAPIPARCEL:"".,,,,,.,,.,,, .,. "".. ,/.P.."."." ."."."".... "....
APPLICANT.,.,,,,,,.,, ,,,,,,,,. "..,..., ".." ".""".."".' ""."". '" ,,,.,,.,,,, ""."
\
SEE ATTACHED PAGES
I certify that the foregoing is a list of persons who are ownerS of abutting property, owners of
land directl" opposite on any public or private street or way; and abutters of the abutters and all
other land owners within 300 feet ofth~ property lirie of owner's property, all as they appear on
the most recent applicable tax list (M.G.L. c, 40A, Section 11 Zoning Code Chapter 139,
Section 139-29D (2) .
#.".J;,,~I!.43
~t2~
DATE'
ASSESSOR'S OFFICE
Town of Nantucket
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