HomeMy WebLinkAbout112-07
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: t:lb./I
,2008
To: Parties in Interest and. Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following: @ .-.~
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Application No.:
112-07
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owner/Applicant:
EDMUND J. CORRY
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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 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 TWE~Y (\0) days.
<~O~
Michael J. O'Mara, Chair.man
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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 508-228-7215.
NANTUCKET ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
Assessor's Map 60.3.1,
Parcels 186 to 191
33 New Hampshire Avenue
Residential 2
Land Court Plan 2408-V
Lots 41 to 46
Certificate of Title
No. 19223
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, January 11, 2008, at 1:00 P.M., at 2
Fairgrounds Road, Nantucket, Massachusetts 02554, the Board made
the following decision on the application of EDMUND J. CORRY, c/o
Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, File No. 112-07:
2. The Applicant is seeking relief by Variance from the
setback requirements set forth in Nantucket Zoning Bylaw Section
139-16A in order to move his existing dwelling to the
northeasterly corner of his lot because of severe coastal
erosion. The Applicant proposes to site the dwelling about two
(2) feet from the northeasterly lot line and about two (2) feet
from the northwesterly lot line i minimum side and rear yard
setback in this zoning district is ten (10) feet (five (5) feet
if reduced by special permit). The dwelling is now about
eighteen (18) feet from the front lot line along New Hampshire
Avenue, with a deck extending to about eight (8) feet from the
line i after the proposed move, the structure would be sited
thirty-three (33) feet from the front lot line, with the deck
being about twenty-two (22) feet from the line. Minimum front
yard setback in this district is thirty (30) feet. The locus is
situated at 33 New Hampshire Avenue, Assessor's Parcels 60.3.1-
186 to 191, inclusive, is shown upon Land Court Plan 2408-V as
Lots 41 to 46, inclusive, and is situated in the Residential-2
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. Except for the presentation by the Applicant's
representatives, no support, nor opposition, was presented at the
public hearing.
1
4. As presented by the Applicant' s representatives, the
Applicant's dwelling is in severe jeopardy as a result of
continuing erosion of the shoreline, and the Applicant proposes
to move the structure as far away from the shoreline as
reasonably possible. The dwelling was constructed in 1973 and
was compliant with dimensional zoning requirements then in
effect; see the Board of Appeals decision in File No. 083 - 92,
which related to the reconstruction of a deck, for the zoning
history of the locus.
5. By a UNANIMOUS vote, the Board of Appeals found that
owing to circumstances relating to the soil conditions and
topography of the locus (specifically, the proximity to an
eroding coastal bank), and especially affecting the locus and not
affecting generally the Residential-2 zoning district, a literal
enforcement of the Bylaw would involve substantial hardship to
the Applicant, and that desirable relief may be granted without
substantial detriment to the public good and without nullifying
or substantially derogating from the intent or purpose of the
Bylaw; and GRANTED relief by VARIANCE from Zoning Bylaw Section
139-16A for the relocation of the dwelling as requested; upon the
following condition:
a) Construction will be pursuant to the plans prepared by
Blackwell and Associates dated December 20, 2007 and submitted to
the Zoning Board of Appeals.
SIGNATURE PAGE TO FOLLOW
2
...
Dated: FebrUary~, 2008
Qo~
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
February JL, 2008
On this II day of before me, the undersigned Notary Public,
personally appeared L:S ,. , who is personally known
to me, and who is the person whose name is signed on the preceding or attached document, and
who acknowledged to me that he/she signed it voluntarily fi it stated purpose.
otary Public: I . J
My commission expires: ~ ~1'3
F:\WpC\Corry\ZBA decision 112-07.docx
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKE T, MA 02554
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PUBLIC NOTICE
A PUBLIC HEARING of the NAN11JCKE T ZONING BOARD OF APPEALS is scheduled for
1:00 PM January 11, 2008 in the Conference Room at 2 Fairgrounds Road, Nantucket, MA, 02554.
The application materials may be reviewed at the Zoning Board of Appeals office at 2
Fairgrounds Road, Nantucket, MA 02554 between the hours of 8:30 AM. and 4:30 P.M., Monday
through Friday. Written comments for the January 11, 2008 meeting must be received by 4:30 PM
on Wednesday, January 2, 2008 and may be addressed to the Nantucket Zoning Board of
Appeals at the above address, faxed to (508) 228-7298, or e-mailed to jbreschet@nantucket-
ma.gov
EDMUND J. CORRY, FILE NO. 112-07
The applicant is seeking variance relief under Zoning Bylaw 139-16 (intensity regulations - side
and rear yard setback) to move the existing structure into the setback because of severe coastal
erosion. The site is located at 33 New Hampshire Avenue, is shown on Tax Assessor's Map
60.3.1 as Parcels 186 - 191 (inclusive), and is shown on Land Court Plan 2408- V, Lots 41- 46
( inclusive).
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00
File No.~
Owner's name(s):
Edmund J. Corry
Mailing address:
c/o Reade. Gullicksen. Hanley & Gifford. UP
Phone Number:
508-228-3128
E-Mail:
air@readelaw.com
Applicant's name(s):
Same
Mailing Address:
6 Young's Way. Post Office Box 2669. Nantucket Mass. 02584
Phone Number:
E-Mail:
Locus Address: 33 New Hampshire Avenue Assessor's Map/Parcel:60.3.1-186-191. inclusive
Land Court Plan/Plan Book & Pa-ge/Plafl File No.: 2408-V. Lots 41-46. inclusive
Deed Reference/Certificate of Title: 19223 Zoning District Residential-2
Uses on Lot- Commercial: None-K- Yes (describe)
Residential: Number of dwellings 1
Duplex
Apartments
Date of Structure(s): all pre-date 7/72
or
1973
Building Permit Numbers:
Previous Zoning Board Application Numbers:
083-92
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
State below or attach a separate addendum of specific special pennits or variance relief applying for:
The applicant proposes to move the pre-existing,
nonconforming single-family dwelling upon the locus,
constructed in 1973 and compliant with dimensional zoning
requirements in existence at the time of its construction, to
the northeasterly corner of the locus, because of severe
coastal erosion. (See decision in 083-92 for zoning history
of the locus; that decision involved the reconstruction of a
deck and is not otherwise relevant to this application.) The
applicant proposes to site the relocated dwelling as far as
reasonably possible from the edge of the water, so that the
northwesterly side yard setback will be about 2 feet and the
northeasterly side yard setback will also be about 2 feet;
minimum side and rear yard setback in this district is 5
feet. Accordingly, the applicant requests relief by Variance
from the provisions of Nantucket Zoning By-law ~139-16.A
(Intensity regulations - side and rear yard setback) to allow
this proposed siting. The locus is a pre-existing undersized
lot of record, in separate ownership from all adj acent land
since a time prior to the adoption of zoning, containing
12,000 square feet; minimum lot area in this district is
20,000 square feet. The front yard setback of the existing
dwelling is about 8 feet, with the minimum in this district
being 30 feet; this setback will be increased to about 22
feet.
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE:
SIGNATURE~Y: ~ ~L
A.rtJI6r I. Reade, Jr., Attorney
*If an Attorney or other .L\gent is representing the Owner or the Applicant, pkase provide a signed
proof of agency.
EDMUND J. CORRY
Owner*
Applicantl Attorney I Ageffi*
OFFICE USE ONLY
Application received on:_1 _I _ By:_ Complete:_ Need Copies:_
Filed with Town Clerk:_1 _I_Planning Board:_1 _I_Building Dept.:_1 _I _ By:_
Fee deposited with Town Treasurer:_1 _I _ By:_ Waiver requested:_
Granted:_1 _I _ Hearing notice posted with Town Clerk:_1 _I _ Mailed:_1 _I _
I&M_I _I _ &_1 _I _ Hearing(s) held on:_1 _I _ Opened on :_1 _I _
Continued to:_1 _I _ Withdrawn:_1 _I _ Decision Due By:_1 _I _
Made:_1 _I _ Filed w ITown Clerk:_1 _I _ Mailed:_1 _I _
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
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058722
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date:
October 9
, 19 92
CERTIFICATE OF GRANTING OF VARIANCE ~~~X~~ir
(Massachusetts General Laws, Chapter 40A, Section 11)
The BOARD OF APPEALS of the TOWN OF NANTUCKET, hereby certifies
that a VARIANCE ~~~ has been GRANTED:
To: (Owner/Applicant)
Edmund J. Corry and Judith M. Corry (083-92l
Address:
c/o Reade and Alger, Box 2669, Nantucket, MA
02584
affecting the rights of the Owner/Applicant with respect to land or
building at:
33 New Hampshire avenue, Assessor's Map 60.3.1,
Parcels 186 - 191 (inclusive). as shown on Land Court Plan 2408-V
Cert. of Title
Lots 41 - 46. ~m~: 9551
And the BOARD OF APPEALS further certifies that the attached
Decision is a true and correct copy of its Decision GRANTING the
VARIANCE ~~~ and that copies of the Decision and of
all pian~ referred to fn the Decision have been filed with the Planning
Board and the Town Clerk.
The BOARD OF APPEALS calls to the attention of the Owner/
Applicant that General Laws, Chapter 40A, Section 11 (last paragraph)
provides that no VARIANCE~~XIXlmlD."JCX or any EXTE~SION,
MODIFICATION or RENEWAL thereof, shall take effect until (a) a copy of
the Decision is certified by the Town Clerk that TWENTY (20) days have
elapsed after the Decision has been filed in the ~ffice of the Town
Clerk and no appeal has-been filed (or, if such appeal has been filed,
that it has been dismissed or denied) and (b) the certified copy is
recorded in the Registry of Deeds for the County of Nantucket and
indexed in the grantor index under the name of the Owner of Record or
is recorded and noted on the Owner's Certificate of Title. The fee for
such recording or registering shall be paid by the Owner/Applicant.
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Chairman Dale W. Waine Clerk ~1nda F. Williams
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058722
'1'OWN or NANTOCItE'r
BOARD or APPEALS
Decision:
At a pUblic hearing ot the Nantucket Board ot Appeals, duly
held on September 11, 1992, at 1:00 P.M~, at the Town and County
Building, Federal j(nd Broad Streets, Nantucket, the Board made
th& following decision upon the application ot EDMOND J. CORRY
and JUDITH M. CORRY (083-92), c/o Reade , Alger Professional
Corporation, Post Ottice Box 2669, Nantucket, Massachusetts
02584, relating to premises situated at 33 NEW HAMPSHIRE AVENUE,
Madaket (Assessor's Parcel 60.3.1-186), shown as Lots 41-46,
inclusive, Block 26, upon Land Court Plan 2408-V (the "Locus"):
1. The applicants have requested relief of several
different types in order to validate extension of the deck of the
dwelling upon the Locus to its present location, about seven feet
from the southerly boundary ot the Locus with New Hampshire
Avenue. Required front yard setback in this Residential-2 zoning
district is now 30 feat. The forms of relief proposed by tho
applicants are:
(a) A special permit under Nantucket Zoning By-law
Section l39-33.A, for the extension ot an existing structure
which violates a setback distance so as to not make the
nonconforming diatance more nonconforming, with regard to the
exiating deck.
(b) A variance under Section .139-32, to reduce the
required setback trom New Hampshire Avenue horn thirty feet to
seven feet in order to validate the siting ot the existing deck.
(c) A finding that "New Hampshire Avenue" is not a
-street- as detinedin the Nantucket Zoning by-law and that front
yard setback need not be maintained from it, together with a
special permit, as provided for Residential-2 z.oning districts
under By""law Section l39-l6.C(1), to reduce the ten-foot setback
trom the southerly li~e ot the Locus to five feet.
(d) A determination that the Locus, as a lot of record
in separate ownership from all adjacent land conti~uously since
prior to. the advent of zoning in Nantucket in 1972, is exempt
from all setback requirements pursuant to applicable language ot
Massachusetts General Laws, c. 40A, f6. .
2. The relevant zoning and buUaing history of the Locua
h as follows, as presented by rhe applicants in their.
application and at our public hearing:
(a) The 'Locus was, when the Nantucket zoning by-law
was adopted, a vacant l?t in separate ownership from all adjacent
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land, and has not thereafter come into common ownership with any
abutting parcel.
(b) At the effecti..,e date of the Nantucket zoning
by-law, pursuant to rts approval by the Attorney General on July
27, 1972, under the former provisions of General Laws, c. 40A, as
it existed prior to the adoption of c. 808 of the Acts of 1975,
the [.ocus was zoned as Residential, with minimum lot size of
5,000 squQre feet. and no setback requirements. (The [.ocus
contains about 12,000 square feet of lot area, as defined in the
by-law.)
(c) On April 10, 1973, a building permit for the
construction of a dwelling upon the Locus Was issued by the
Nantucket Building Inspector. The plans submitted therewith
showed a prOposed deck, to be situated up to about ten feet from
the southerly line of the Locus, along its boundary' with New
Hampshire Avenue. The applicants d~ not know exactly when this
dwelling was comple~ed.
(d) Meanwhile, the Locus was later rezoned as
Residontial-2, with minimum lot area of 20,000 square fe~t.
Initially, front yard setback was 20 feet, and side and rear yard
setback were three feet. Later, these setback req\lirements were
amended to the present 30 feet for front yard and 10 feet for
side and rear yard. The appliCAnts bought the Loc:;us on January
30, 1981.
(e) A CertifiCAte of Occupancy Was issued for the
dwelling upon the Locua by the NantUCket Building Inspector on
February 12,.1990.
(f) In early 1990, after the issuance of the
Certificate of Occupancy, a contractor engaged by the applicants
demolished the deck of the dwelling upon the Locus and replaced
it with a new deck, situated as close as about seven feet to the
line of New Hampshire Avenue, as shown upon the plan attached
hereto as Exhibit A.
3. The applicants inform us that they had no idea that
their contractor had not secured a building permit for the new
deck until after it was finished: nor' did they realize the
existence of any attendant zoning issues.
4. New Hampshire Avenue appears as a street upon the
relevant Land Court plans and Assessor's map: however, an
examination of the site shows that, beyond the applicants'
driveway, it is not constructed and, because of wetlands
constraints (it traverses an area of coastal dunes)' undoubtedly
will never be opened up for travel. The portion of -New
Hampshire Avenue- lying seven teet trom the applicanta' deck ia
4ndiatinguishable from adjacent dunelands. .
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TOWIl OF W"-IIl\JCKIi:T
I CfIlT.,Y. AS OF . . ~..I',,'~, . , . . T'" T
~ eUll.OIHGIS, 1'/AlII LOOA T'D ON TNf
OIIOVNO AS SHOWN HERrON.
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PROFE SIONAL LANa SURVEYOR
IIUILDIHG LOCATIO II 'LAlI
01' LAND IN
NANTUCKET, MASS.
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SHOUlO NOT If CONSICEREO A PROPERTY LHf
lURVEY, THI PLAN .II1ll1.'UU/QULW;at..IQ
UTAeUSH PROFfRTY LINES. FENCES, HEDeES 011
ANY ANCUARY.STRUCTURES OH THE PRE"ISES.
'~~io"s"~~~R:~A~~f~,s~~~~HY OH CUIlAENT "ART-BLACn/ELL , ASSOCIATES. .1...
~~~l~~TO~~A~,;o6/T~i"P%i;::~~HS~~~~ 6 YOUNGS \fAY
~~~~=~woa" r"t~:';~~H~R~::n~: t:~o~~~WN NANTUCKET, blASS. 02554
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ASSESSOR' MAP: ."'. , .', . PARCEL, ~ . .",1 r HOT 10 ec Iiaotw!D. BB. 1044
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058722
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058722
5. No neighborhood opposition to the app1'icants' request
for relief was received: one neighbor spoke in favor of it. The
Planning Board recommendation was unfavorable.
6. Based upon the foregoing unusual history. the
application, materials submitted with the application, and
testimony and evidence presented at the public hearing, a
majority of the Board finds that. owing to circumstances ~elating
to the soil conditions and topography of the Locus (in that the
portion of the Locus between the dwelling and New Hampshire
Avenue, and the adjacent portion of New Hampshire Avenue .itself.
are dunelands not susceptible of development) and especially
affecting the Locus but not affecting generally the Residential-2
zoning district, a literal enforcement of the provisions of the
zoning by-law would involve substantial hardship, financial or
otherwise . (the demoli tion of the existing deck), to the
applicants, and that desirable relief may be granted without
substantial detriment to the public good and without nUllifying
or substantially derogating from the intent or purpose of the
by-law. The Board further finds that the dwelling and former
deck upon the Locus conformed to .zoning requirements when built,
and later became nonconforming as a result of zoning changes: and
that the 1990 alteration, insofar as it did not make the
nonconforming setback more nonconforming. will not be
substantially more detrimental to the neighborhood.
7. Accordingly, based upon a finding that New Hampshire
Avenue is a street, by a vote of four members in favor and one
(Balas) opposed, the Board grants relief by variance under
Section 139-32.1'. from front yard setback requirements to confirm
and validate the location of the existing dwelling and deck upon
the Locus, as shown upon Exhibit A hereto.
8. The applicants withdrew at our hearing all of their
other requests for relief, and such withdrawal, without
p'.j.d'c.. ... .llov.d by. ."'~_ of tb. ~OJc)~^~
Dated: ~~.~~~~992 ~
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Town of Nantucket Web GIS - Printable Map
Page 1 of 1
Town of Nantucket Web GIS
Prop 10
Address
Sale Date
Sale Price
Book/Page
Lot Size
60.3.1 186
33 NEW HAMPSHIRE AV
01/01/1981
$0
C0009/ 551
0.28 acres
NOT A LEGAL DOCUM ENT
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For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Disclaimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
Geographic Information System (GIS) database.
Town of Nantucket, Massachusetts
Map Composed
12/5/2007
Copyright 2005 Town of Nantucket. MA All rights reserved. Developed by AppGeo
http://host.app geo. comlnantucketmalPrintab leMap. aspx?Preserve= Width&Map Width=864&Map... 12/5/2007