HomeMy WebLinkAbout29-18 32 & 34 Dukes RoadDC��pb -A .
18
TOWN OF NANTU
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $450.00 File No. zj.,fs
Owner's name(s): Gordon E. W. Gilbertson & Nancy Anne Gilbertson
34 Dukes Road LLC
Mailing address: Gordon E. W. Gilbertson & Nancy Anne Gilbertson
788 Bain Place, Redwood City, CA 94062
34 Dukes Road LLC
37 Centre Street, Nantucket, MA 02554
Phone Number: 508-228-0771 E -Mail: Jessie@gliddenandglidden.com
Applicant's name(s): Gordon E. W. Gilbertson & Nancy Anne Gilbertson
34 Dukes Road LLC -
by Jessie M. Brescher, Esq.
Mailing Address: 37 Centre Street, PO Box 1079, Nantucket, MA 02554
Phone Number: 508-228-0771 E -Mail: Jessie@gliddenandglidden.com
Locus Address: 32 and 34 Dukes Road Assessor's Map/Parcel: 56 / 187 & 188
Land Court Plan/Plan Book & Page/Plan File No.: Lots 1 and 2 shown upon
Plan File 7-A filed with the Nantucket Registry of Deeds.
Deed Reference/Certificate of Title:
Zoning District: R-20
Uses on Lot- Commercial: No Yes (describe)
Residential: Number of dwellings: 0 Duplex Apartments
Date of Structure(s): Vacant Land
Building Permit Numbers: N/A
Previous Zoning Board Application Numbers: N/A
State below or attach a separate addendum of specific special permits or variance relief
applying for:
SEE ATTACHED
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:
SIGNA
Attorney/_*
Owner*
*If an Attorney or other 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:_/_/_
I&M_/_/_ &_/_/_ Hearing(s) held on:—/—/— Opened on :—/—/—
Continued to:—/—/— Withdrawn:_/_/_ Decision Due By:—/—/—
Made:—/—/— Filed w/Town Clerk:—/—/— Mailed:—/—/—
Exhibit A
Applicant is requesting a finding from the Zoning Board of Appeals that there is no relief
necessary because Locus (32 and 34 Dukes Road) have not merged with each other
pursuant to Nantucket Zoning Bylaw Section 139-2 (definitions — Ownership). In the
alternative, Applicant is requesting Variance relief pursuant to Nantucket Zoning Bylaw
Section 139-32 from the provisions in Section 139-2 (ownership) and 139-16 (intensity
regulations — lot size) to confirm that the Locus have not merged and remain separately
marketable and buildable pre-existing non -conforming lots of record.
History:
As set forth in the attached title chart for Locus and the adjacent parcels (attached hereto
as Exhibit B), Locus has been in separate ownership to retain the status of the lots as
separately marketable and buildable since the filing of the Approval Not Required plan in
1976 and subsequent deeds out. Pursuant to Section 139-33.E. of the Nantucket Zoning
Bylaw and Mass. General Laws, Chapter 40A, Section 6, the lots were separately
marketable and buildable because the parcels were deeded to separate entities after the
Approval Not Required Plan was endorsed.
More particularly, Bernice Charlotte Gilbertson (sister of applicant) owned the property
at 34 Dukes Road (Lot 1 on Plan File 7-A) since December 30, 1981 by virtue of deed
from Erik Nord Gilbertson, filed with the Nantucket Registry of Deeds in Book 183, Page
245. The Applicant (Gordon E. W. Gilbertson) owned property at 32 Dukes Road (Lot 2
on Plan File 7-A) since May 28, 1982 by virtue of a deed from Erik Nord Gilbertson filed
with the Registry of Deeds in Book 194, Page 205. Applicant later transferred said 32
Dukes Road to he and his wife, Nancy Anne Gilbertson, by virtue of deed recorded in
Book 1588, Page 123.
Both parcels were undersized at the time of the change in zoning to R-20 (20,000 sf lots);
32 Dukes Road (Lot 2 on Plan File 7-A being 17,474 square feet) and 34 Dukes Road
(Lot 1 on plan File 7-A being 14,268 square feet). Through a unique set of circumstances
regarding the filing of an Approval Not Required plan and various hearings with the
Nantucket Planning Board relevant thereto (the minutes of said hearings are attached
hereto as Exhibit C), Erik Nord Gilbertson had filed a plan in a timely fashion so as to
preserve his various lots on Dukes Road and Vestal Street as separately marketable and
buildable. This was done through a subdivision creating Lots 1-7 as shown on Plan File
7-A filed with the Nantucket Registry of Deeds. Said plan was endorsed by the Planning
Board on October 4, 1976. Erik Nord Gilbertson then deeded the various parcels to
relatives, as to confirm their grandfathered status. The Applicant and Bernice Charlotte
Gilbertson were two such relatives.
Bernice Charlotte Gilbertson died April 12, 2014 (Nantucket Probate Docket No.
NA16P0080EA). At the time of her death, Bernice Charlotte Gilbertson was a resident of
Florida and her Estate was originally probated in Palm Beach County, Florida. In
connection with Bernice Charlotte Gilbertson's Estate administration, the family litigated
several matters and, ultimately, a mediated settlement agreement was reached, approved
by the Florida Court, and was filed in Nantucket Probate and Family Court as part of the
ancillary Massachusetts estate administration required to clear title to the property.
Pursuant to the mediated settlement agreement, the parcel at 32 Dukes Road (owned by
the Estate of Bernice Charlotte Gilbertson) was to be deeded to Gordon Gilbertson. None
of the parties to the mediated settlement agreement were aware that the court order
directing both 32 and 34 Dukes Road be given to Gordon Gilbertson caused a title issue,
potentially causing the lots to merge; it was the intention of the parties to the said
agreement that the lots were separately marketable and buildable at the time of Bernice
Charlotte Gilbertson's death and would remain separately marketable and buildable
thereafter.
Under the definition of Ownership in Section 139-2, it would be at this time (the date
upon with the mediated settlement agreement was approved by the court) that the merger
of Lots 1 and 2 on Plan File 7-A occurred, unintentional as this may have been.
In an effort to correct this unintended merger, the mediated settlement agreement has
been amended, the court order from the Palm Beach County Probate Court approving
same has been filed with the Nantucket Probate Court, the Nantucket Probate Court has
approved the Motion to Amend the License to Sell authorizing the Estate of Bernice
Charlotte Gilbertson to execute a confirmatory deed confirming that 32 Dukes Road is
conveyed to 32 Dukes Road LLC in accordance with the Florida Court Order, and the
confirmatory deed is to be filed with the Nantucket Registry of Deeds (Book and Page
reference to be provided prior to public hearing).
As a result of these filings, the properties will be in separate ownership — which is what
they were intended to be since the filling of the Approval Not Required plan with the
Nantucket Planning Board. The merger was unintentional and was the result of Bernice's
passing.
Therefore, the Applicant is requesting the Board of Appeals make a finding that there is
no relief necessary because Locus (32 and 34 Dukes Road) have not merged with each
other pursuant to Nantucket Zoning Bylaw Section 139-2 (definitions — Ownership). In
the alternative, Applicant is requesting Variance relief pursuant to Nantucket Zoning
Bylaw Section 139-32 from the provisions in Section 139-2 (ownership) and 139-16
(intensity regulations — lot size) to confirm that the Locus have not merged and remain
separately marketable and buildable pre-existing non -conforming lots of record.
Specifically, due to the unique nature of these lots being undersized in the R-20 zoning
district and being "merged" unintentionally by the passing of one of the title holders, a
literal enforcement of the provisions of this chapter would involve substantial hardship,
financial or otherwise, to the applicant, and the desirable relief may be granted without
substantial detriment to the public good and without nullifying or substantially derogating
from the intent or purpose of such bylaw because the lots have been separately
marketable and buildable since the adoption of the zoning bylaw.
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Property Information
Property ID 56 188
Location 32 DUKES RD
Owner GILBERTSON GORDON E W ETAL
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
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EX14 I P:) i I C
NANTUCKET PLANNING BOARD July 99 1973
The regular meeting of the Nantucket Planning Board was held
at 7:30 p.m. in the Town and County Bldg. with Messrs. Gardner,
Visco, Barrett and Rounsville present. Mr. Corkish was not present.
A plan was submitted by Eric Nord Gilbertson for a subdivision
on Vestal Street Extension and Dukes Road. He was told that the lots
were too small, have to be 20,000 sq. ft.
A plan was submitted for Alfred Borneman, Surfside Road. The
Board said that it was not entitiled to ANR status and had to have
a public hearing. A letter would be sent to Mr. Shugrue.
It was voted to write a letter to Walter Glowacki stating that
the Board will sign his definitive plan as soon as the covenant is
executed and recordgd for the utilites.
A letter was received from the Board of Health about the
preliminary plan of Nuovo property, Tom Nevers Head.
Respectfully submitted,
Secretary
MINUTES OF MEETING HELD JULY 1, 1974, AT 8:00 P.M.
PRESENT: ALL MEMBERS AS WELL AS WILLIAM KLEIN, DIRECTOR, NP & EDC
PLANS: Josiah Barrett presented four plans as follow:
#1322, property of Nathan F. and Helen L. Thurston, Miacomet Ave., 3 lots, Approval
Not Required, Approved.
#1323, property of Roy K. and Carol A. Barrett, Cliff Rd., 4 lots, Approval Not
Required, Approved.
#1324, property of Donald W. and Gertrude M. Holdgate, Old South Rd., 6 lots,
Definitive Plan; Public Hearing set for July 22.
#1329, property of Barbara A. Lawrence, Derrymore Road, 2 lots, Definitive Plan;
Public Hearing set for July 22.
Mr. Robert Mooney spoke on behalf of Mr. and Mrs. Robert L. Eden regarding building
on their second lot. The Board pointed out that the lot was deficient on two counts,
total area and frontage on a public way. The secretary was instructed to write to
the Edens confirming the Board's denial of the right to build a cottage on the lot.
Dennis Dias showed the Board a plan of his land on Surfside Road, asking for permis-
sion to sell his inside lots which are accessible by a dirt road. The Board told
Mr. Dias that they could not approve the plan as such, that he must conform to pre-
sent subdivision rules.
Ronald Bamber, accompanied by the Building Inspecter, showed the Board a plan of his
property at Dionis. He intends to combine two lots and build his house on that and
to construct a guest cottage on a third lot. The Board approved his plans, as shown.
John Shugrue presented four plans and a sketch, as follow:
#1308D, property of Roe Corporation, Monomoy Road, 6 lots, Definitive Plan; Public
Hearing set for July 29.
#13252 property of Henry Coffin et ux, Burnell St., 2 lots, Approval Not Required,
Approved.
#1326, property of the Estate of Shelby P. Campbell, West York Way, 3 lots, Approval
Not Required, Approved. Two lots were stamped "insufficient area to comply
with present zoning requirements," and the third was stamped "insufficient
frontage to comply with present zoning requirements."
#1327, property of Nantucket Development Association, Surfside Rd., 5 lots, Approval
Not Required, Approved.
Mr. Shugrue, then accompanied by the owner, Linda Cahoon Nelson, drew a sketch of
her property which she intends to subdivide. It is bounded by Nobadeer Way and
Hinsdale Rd. Since Hinsdale Road is passable at this section and within 200' of
a paved road, the Board decided to check with Dr. Brown regarding the legal status
of Hinsdale Rd. since the owner would prefer to subdivide the property with the
lots fronting on Hinsdale Road.
A covenant had been received for the Donal O'Brien, Trustee, subdivision and the' y
definitive plan was signed and dated June 3.
The last plan which received approval was as follows:
#1328, property of Karen Barsoe Landers, Low Beach Rd., 1 lot, Approval Not Required,
Approved.
OTHER BUSINESS: Mrs. White, along with the Building Inspecter, asked for the Board's
advice as to how to apply for a rooming house license. She was advised to write a
letter of application to the Board of Selectmen who would meet the following night.
Chairman Gardner suggested she enclose statements from her neighbors and previous
guests confirming the fact that it was operated as a guest house since, to the
owner's knowledge, it was never licensed.
Eric Nord Gilbertson appeared before the Board to ask for reconsideration of his
plan which had been denied July 2, 1973. On that date, the Chairman had been noti-
fied that the Town was in receipt of a document from the Attorney General, approving
amendments to the zoning by-laws and that it would be posted immediately, That
evening the plan was denied on that basis. Mr. Gilbertson told the Board that the
notification was not posted until July 3, 197�V Mr. Visco told Mr. Gilbertson that
he did not appeal the Board's decision within the 20 -day appeal period and empha-
sized that the Board was acting in good faith. The Board decided to refer the
matter to Town Counsel.
A letter from Wayne Holmes, Chairman of the Appeals Board, requesting the Board's
policy regarding the consideration of a private way as lot area was reviewed. The
secretary was instructed to send Attorney Holmes a copy of the response the Board
had received from Town Counsel regarding Frank Hardy's similar situation.
Notices of the forthcoming appeals cases on July 16 were discussed briefly, and it
was decided to review them further on July 15.
A voucher for current bills was signed for payment after removing one bill from the
voucher. The bill was for a sub -surface sewer study which was funded by Article 66
in the warrant for the 1972 regular Town Meeting. That was also approved for pay-
ment by means of the article.
A letter with a copy of the covenant for 2 roads for 2 separate lots was received
from Abraham Glasser. The secretary was instructed to acknowledge receipt of the
letter and approval of the covenant,
Dorothy McGarvey moved that the Board meet the following Monday to review the sub-
division rules, and the Board agreed to do so.
Review of a letter from Attorney Glidden regarding Nantucket Beach Properties and
discussion on the Braun subdivision was deferred to the next regular meeting.
THE MEETING WAS ADJOURNED AT 10:50 P.M.
MINUTES OF PLANNING BOARD MEETING HELD OCTOBER 21, 1974 at 8:00 PM
PRESENT: Charles J. Gardner ATAIter Rarret----
Donald Visco William Klein
Walter Barrett boroikl, HLG(trVeT
ABSENT: Marland Rounsville
SURFSIDE EAST - ZONING AMENDMENT: Mr. S. Grant Stone asked to be heard
out of order to present a letter on behalf of the Surfside East Association reques-
ting that the Planning Board enter an article in the warrant for the March, 1975,
Town Meeting to change the zoning from Residential 2 to Limited Use General 2.
He listed reasons for this request, and he said that Vito Capizzo would represent
the Association in his absence. The Board indicated they would consider the
request.
NEW PLANS: Josiah Barrett presented two, as follow:
#1362, property of Howard B. Gill, Main St., Ocean Ave. and Grand Ave.,
Siasconset, 2 lots, ANR, endorsed. The plan showed a building on
each lot.
#1363, property of Albert P. and Margaret W. Manchester, Somerset Rd.,
2 lots, ANR, endorsed. Lot 4 has frontage on a way of an Approved Plan.
ZONING PROBLEM - ADDITION TO A NON -CONFORMING USE: A young man,
seeking a permit for an addition to a guest house on Orange St.,which is
zoned residential, appeared before the Board at the Building Inspector's
suggestion. The boundary for residential -commercial runs along the
east bound. The Board advised him to apply for a variance.
ERIC NORD GILBERTSON: He appeared before the Board for endorsement of
Approval Not Required of his plan of land on Vestal St. Ext. and Dukes Rd.
He had submitted a plan on July 2, 1973, for a subdivision of the property, and
the plan was not accepted on the basis that the zoning amendment had been posted.
He next appeared before the Board on July 1, 1974, to ask, for reconsideration of
that plan, based on the fact that the zoning amendment was not posted until the
following day, July 3, 1973.
The Planning Board members pointed out that the ANR plan was not the same
plan presented July 2, 1973. The plan submitted then was a preliminary plan.
The Board advised him he could withdraw the "ANR" plan and submit a Defini-
tive Plan. He withdrew the "ANR" plan.
BUILDING QUESTION:. Sandra Egan asked the Planning Board if she needed a new
plan in order to put an apartment over her garage. She was told she didn't need
a new plan and that she should contact the Building Inspector for a permit.
MORE NEW PLANS: John Shugrue presented four plans as follow:
#1365, property of Eugene Brooks, West Chester St. Ext., Definitive Plan for
a 5 -lot subdivision. The date for the public hearing was set for Nov. 18.
#1366, property of Russell Management, Inc., off Milestone Rd., 5 lots, ANR.
This plan was referred to Town Counsel for his advice.
Mr. Visco moved that the Board approve the plan subect to the subdividers
improving Appleton Rd. from the entrance of the subdivision to Bartlett Rd. in
the manner specified in the Nantucket Rules and Regulations Governing Subdivisions.
Mr. Barrett seconded the motion and the motion carried. The Board also agreed
to waive all 8 items as originally requested by Mr. Shugrue in the letter of applica-
tion received August 26, 1974.
CORRESPONDENCE:
Nantucket Conservation Foundation - Chairman Gardner read a letter from
Attorney O'Rourke asking to be kept informed of any further action of the subdi-
viders abutting Conservation Foundation property.
Miacomet Realty Trust - A review of this subdivision was received from Bob Jones
and also read by Chairman Gardner. There was some discussion about the road,
since three of the members had driven to the site that afternoon.
OTHER BUSINESS:
Braun: Mr. Klein told the Board that he had talked to a land planner employed
by Mr. Braun who gave him a proposed plan for the area for which he has a 189 -
lot disapproved plan. The proposed plan shows 39, 5 -acre lots with common
driveways to be submitted for ANR endorsement. Mr. Braun is considering
creating scenic easements or fee simple grants to a conservation group of 50%
of the land tract.
Rules & Regulations: The Board agreed to meet Oct. 28th for a second workshop
for its subdivision rules and regulations. They also set a tentative date of Nov. 18
for a public hearing for the rules and regulations.
THE MEETING ADJOURNED AT 10:50 PM.
��.����ANTUC����i••100
TOWN of NANTUCKET
Massachusetts
L
PLANNING BOARD
AGENDA FOR MEETING OF NOVEMBER 18, 1974
PUBLIC HEARING EUGENE BROOKS 5 -lot subdivision, West Chester St..
PUBLIC HEARING - SUBDIVISION RULES AND REGULATIONS
REGULAR MEETING M � ti -n- 7
Mjjt,�/l am (3a.
NEW PUNS
A. Subdivision of Henry, Jr. and Florence Coffin, Burnell St., 'Sconset
B. William Braun
C. Others
CONSIDERATION OF PLANS PREVIOUSLY SUBMITTED
A. Miacomet Realty Trust - reply before November 30th
B. Others
CORRESPONDENCE
A. Glidden re. Mayo
B. Eric Nord Gilbertson
C. Zoning Board of Appeals
D. Building Inspector
E. County Commissioners
BILLS
OTHER BUSINESS
MINUTES OF PLANNING BOARD MEETING, NOVEMBER 18, 1974 AT 8:00 PM
PRESENT: ALL MEMBERS
PUBLIC HEARING - EUGENE BROOKS: Chairman Gardner opened the hearing
for the 5 -lot subdivision of Eugene Brooks on West Chester St. and asked if
anyone wished to comment on it. Mr. John Shugrue ,briefly described the plan
and pointed out that the plan was submitted as a subdivision for access for
one lot only since the remaining four front on the street. Chairman Gardner
read a letter from the Board of Health approving the plan and one from
Robert Jones in which he noted that the existing drainage ditch should be
shown on the plan. Richard Brooks explained that that ditch was used to
drain North Liberty St. Mr. Visco moved that the plan be taken under advise-
ment and Mr. Rounsville seconded the motion. Mr. Brooks was told he would
receive a decision from the Board before their next regular meeting.
PUBLIC HEARING - REVISION OF SUBDIVISION RULES & REGULATIONS: Mr.
Klein explained that the hearing was being held to consider any comments from
the public. Several copies had been distributed the week before and more were
passed out then along with a listing of corrections, additions, and deletions to
the draft. Mr. Klein said that there were two main concerns in the revision.
The Planning Board wished to make the rules as clear and thorough as possible
by including much of the State law and to have the rules streamlined for the
small developers and more rigorous for the large developers. After further
explanation, the hearing was then opened to the audience for discussion. Mr.
Robert Dennis questioned the division between major and minor subdivisions
at 10 lots. He thought it should be lower. Mrs. Collen McGrath said she
thought it was reasonable at ten since many people want to create lots for chil-
dren and grandchildren. Mr. Robert Dennis asked on what basis waivers were
granted. Chairman Gardner said that the requirements such as fire boxes and
street lights are waived for developments out of town but that these items
might not be waived if the subdivision abutted Town areas. Mr. Carl Borchert
said he thought the division between minor and major subdivisions should be
at five lots.
Mr. Richard Glidden questioned the phrase that an applicant provide
"sufficient information to indicate to the Board the exact location of the lots... "
After some discussion, the word exact was deleted.
The matter of one dwelling per lot was discussed with relation to the Town.
zoning by-law which .permits two. Mrs. McGarvey read section 81Q which.
stated the purpose of that law as to provide adequate access to building sites.
She said she thought that that purpose should be included in the subdivision
rules and Mr. Visco and Mr. Gardner both agreed.
Mr. Mooney referred to the list of required improvements and asked if
it were the intention of the Board to have roads in all subdivisions paved. He
said that many people prefer the dirt roads. Mr. Visco said that the require-
ment had to be stated in the rules so that it would be there should a subdivision
require it. He added that each subdivision should be taken on its own merits.
Mr. Robert Campbell cautioned the Board about the possibility of
discriminatory lawsuits. He said that if you waive a paving requirement
for a small subdivider and don't do the same for a large subdivider one-
quarter mile down the road, the decision would be wide open to challenge.
Mr. Visco said the Board was concerned with providing adequate access
to lots. Mr. Glasser suggested the inclusion of a recognized legal term
called "making findings" in the last sentence of the rules so that it would
be clear that the decisions are based on evidence.
Mr. Robert Mooney said that he thought the division line of ten lots for
a major subdivision perfectly reasonable.
Colonel A. M. Murray questioned the section which provides for ANR
endorsement for lots which front on a road which the Town Clerk certifies
is maintained and used as a public way. He asked about the qualifications
for maintenance. The fact that the Town Clerk has certified two roads which
the Planning Board didn't believe adequate was brought up. Mr. Visco said
that if it is done again, the Planning Board will challenge him. Mr. Borchert
asked who the Planning Board would use as a lawyer if they should challenge
the Town Clerk. Mr. Robert Dennis said that quite a few towns have a defini-
tion of maintenance in their subdivision rules. Chairman Gardner asked him
to get a copy of them for the Planning Board. Mr. Visco said he thought the
Selectmen at the next Town Meeting would want to have the Town adopt the
sections of law which permit a Town to do work on a private road.
Mr. Klein said that the date the rules would become effective would be
December 2, 1974, instead of December 1, 1974. He also said the rules would
not remain static but would be reviewed and changes made in the future to
ensure that they keep pace with the changes which will take place. Mr. Visco
moved to close thehearing; Mr. Barrett seconded the motion and it carried.
REGULAR MEETING
MINUTES OF MEETINGS HELD OCT. 31, NOV. 4 AND NOV. 7: Mr. Barrett moved
that they be approved, Mrs. McGarvey seconded the motion and it carried.
NEW PLANS: Mr. Josiah Barrett presented one plan, as follows:
#1370, property of Philip B. and Beatrice Heywood, Monomoy Rd., 1 lot, ANR,
endorsed. Mr. Barrett explained that this was not a new lot but changes
had been made along one boundary and the plan showed that.
Mr. John Shugrue presented one plan, as follows:
#1372, property of Associates Corp., Low Beach Rd., 4 lots, ANR. Since the
four lots were part of the 57 -lot subdivision approved for Mr. Heath
and included in the. terms of the covenant, the Planning Board with-
held endorsement. The Planning Board had received a release form
for these four lots, had denied the request but had subsequently
requested Town Counsel's opinion when the request was made a second
time. The Board was still awaiting Town Counsel's advice and agreed
to make their decision upon reviewing his counsel which was expected
to be forthcoming.
The Planning Board had received one plan through the mail; the descrip-
tion follows:
#1371, property of Henry, Jr. and Florence Coffin, Burnell St., 15 lots,
Approval Required. The date for the public hearing was set for Dec. 16.
ZONING QUESTION: Tris Coffin showed the Board a plan of land which he bought
which fronts on a main road. He intends to divide the lot into two lots but was
told that he would need permission from the Planning Board to discontinue a
private way which crosses his property and meets a "paper" proprietors' road
which abuts the length of one side of his property. He was told that the private
way wasn't the concern of the Planning Board and he was reminded that in
order to split the lot in two, he must come before the Board with a plan for
approval not required endorsement.
BRAUN: Mr. Gerard McNeil, a landscape architect presented a proposal for
a 49 -lot ANR plan for William Braun, the same land for which the Planning
Board disapproved a 189 -lot subdivision. Mr. McNeil said that the proposal
was a result of the consideration of the proper utilization of the land and as
a safeguard of the natural features of the tract, notably, the two large valleys.
He said that this plan for 240 acres would designate house sites and would pro-
vide for portions of lots ( about 1/2 the total tract) to be set aside for
conservation by easements or grants to be made by the new owners. Mr. Visco
questioned the legal status and the condition of the roads. Chairman Gardner
said that the way the roads are now they would be impassable part of the year.
Mr. McNeil indicated five ways the tract could be developed:
1. The 26 -lot plan, ANR, presently on file
2. The 49 -lot proposal
3. 30 lots of 8 acres each, all fronting on Old South Rd.
4. Existing plan of 26 lots plus cluster development (by means of
a variance) of the property behind the lots
5. Follow through with the 189 -lot disapproved plan on file
Nancy Ayotte, a reporter for the I & M, asked Mr. McNeil if Mr. Braun
chose to follow up with the 49 -lot plan, might not there be 98 houses since
the zoning by-law would now permit two per lot. Mr. McNeil replied that
if the 49 -lot plan were developed there would be deed restrictions limiting
the construction of one house to a lot.
Chairman Gardner asked what Mr. McNeil meant by gravel roads and
Mr. McNeil said that they would have a rolled gravel base.
Mr. Robert Dennis asked if the county were going to build the access road
so that the developer could sell his lots. Mr. Klein questioned whether the
roads legally entitled Mr. Braun to get ANR endorsement.
Mr. McNeil said there would be compromise on the part of the developer
and the Planning Board. Mr. Klein questioned how the legal status of the road
could be compromised. Mr. McNeil said what could happen would be a multi -
document transaction at the time of endorsement.
Mr. James Glidden said the other alternative would be to submit a plan
needing approval and have stipulations on a covenant as to what would be done
to the road.
Mr. Borchert said he didn't see how the Planning Board could consider
the plan for ANR since the Town had already been burned by a gerrymandered
plan somewhat like this one from Tristram's Landing.
Mr. McNeil asked for direction from the Board and Mr. Visco suggested
that he bring in a plan for approval. Mr. Barrett moved that the proposal be
taken under advisement, in light of the viewing to take place the following day,
and that a copy be left with the Board.
GLASSER: Mr. Glasser formally presented his request to permit the alteration
of the entrance to the old Quidnet Milk Route so as to allow 200' frontage for
each of the two lots to the west of it. He also asked to be permitted to waive
the paving for the road directly behind those two lots as long as it services
only one lot. The Board said they would reply by letter.
MIACOMET REALTY TRUST: The Board decided to meet the following Tuesday
to reply to Miacomet Realty Trust as well as Mssrs. Brooks, Glasser, Braun
and Heath.
CORRESPONDENCE:
Board of Appeals - Two letters indicating the outcomes of appeals of Mr.
Phelps and Mr. Kehlenbeck were read; Mr. Phelps petition was denied
and Mr. Kehlenbeck's was granted.
Building Inspector - A copy of his letter to Madaket Realty Trust, revoking
the permits for lots 2 and 3 was read.
County Commissioners - A letter from the clerk notifying the Planning Board
that all legal proceedings had been complied with and orders of taking
recorded for Nonantum Avenue was read. Mr. Visco moved that the
Planning Board approve the layout, and Mr. Barrett seconded the
motion, which carried.
Eric Nord Gilbertson - Mr. Gilbertson asked the Board to waive the require-
ments of a topo map, percolation tests and road profiles. The Planning
Board agreed that they would require all that he requested be waived
but would consider waiving street lights, fireboxes, bicycle paths, etc.
The secretary was instructed to reply to Mr. Gilbertson to that effect
and to request a viewing of his property with him.
BILLS: Mr. Visco moved that the voucher be signed for payment, which was
seconded and it carried.
THE MEETING ADJOURNED AT 10:50 PM.
Respectfully submitted,
_444
4 C 41-c'c�
TOWN of NANTUCKET
Massachusetts
PLANNING BOARD
AGENDA. FOR MEETING OF OCTOBER 6, 1971$
PUBLIC HEARING - A. W. SIEFERT, Tom Nevers Head
PUBLIC HEARING - W. J. BRAUN, East of Airport
NEW PLANS & RELATED BUSINESS - Taken in order of arrival to meeting
of the representatives of such matters.
CORRESPONDENCE:
Building Inspector re: Buildable Lots
Shugrue & Hart, Inc. re: installation of bounds for Mayo et al subdivision
Town Counsel - Copy of Decision of "Chira vs Planning Board of Tisbury
et al" re effective date of zoning amendment
Atty Richard Glidden to Gilbert Corcoran requesting inspection of 1st
phase of construction of roads for Nantucket Beach
Atty Richard Glidden to Planning Board confirming that Lot 8 on Plan of
land of Richard White in Quidnet, submitted to Board on
9/29/75, is to be conveyed to the Ornithological Society
and will never be built upon.
OTHER BUSINESS:
Request by Mr. Cecil Richrod for 'Legal Opinion as to Rho is responsible
for maintenance of a private way after the lots are released
from the covenant.
Other Business
BILL
MINUTES OF PLANNING BOARD HEARINGS & REGULAR MEETING HELD OCT. 6.,
1975 AT 8:00 PM.
PRESENT: ALL MEMBERS
PUBLIC HEARING - A. W. Siefert - Tom Nevers Head: Chairman Barrett called the
meeting to order and began the hearing by reading the correspondence. An abutter,
Dr. Siebert, asked that the recommendations of the Nantucket Conservation Society
be followed. The Board of Health accepted the Health Inspector's report and approved
the plan as did the Supt. of the DPW, Gilbert Corcoran. Then, Chairman Barrett
asked if anyone wished to speak in favor of the plan, and Mr. Siefert's agent, Engi-
neer John Shugrue, described the plan.
Mr. O'Rourke, attorney for an abutter, the Nantucket Conservation Foundation,
next discussed the plan. He noted that the surface of the pond was considered as
part of the lot area. He said it was his client's position that Tom Nevers Pond is
a great pond and that its title reposes in the public. He quoted from an IBM print-
out, part of an inventory by the Commonwealth through the Mass. Cooperative
Fisheries unit in 1971, that listed the acreage of that pond as 13 acres. He also
quoted from a letter of Sept. 4, 1974, to Arthur Desrocher from Karl Nordin,
Deputy Commissioner of Natural Resources, which stated that certain ponds on
Nantucket were great ponds if they were 10 acres or greater but didn't name
Tom Nevers Pond. He said he has discussed the removal of the surface of the
water from inclusion as lot area with the subdivider's representative and that the
representative will take it up with his client. Mr. Visco asked Mr. O'Rourke if the
question of title wasn't a matter of the Land Court. Mr. O'Rourke agreed that it
would be but that it might never get there and pointed out that no one was present
to speak for the Commonwealth.
Mr. Rounsville asked if there were someone present who could speak on behalf
of the Town since the Proprietors had voted to take certain great ponds in June, 1973.
(The Town owns more than 90% of the proprietors' shares and the Selectmen repre-
sented the Town at that meeting. ) Mr. Gardner, now also chairman of the Board
of Selectmen, said he had no further information but would like the matter referred
to Town Counsel.
Mrs. McGarvey asked why that section of pond was included in the plan. Mr.
Shugrue said Mr. Siefert's deed includes it, and he's been paying taxes on it for
30 years. Mr. O'Rourke said he had traced the deed and at no point was Tom Nevers
Pond specifically included. He said the question comes down to what was included
in the proprietors' original set-off.
Mrs. McGarvey asked about the status of Sandsbury Road and Mr. Shugrue
indicated the section abutting the property is not paved and Dr. Brown confirmed
the fact that it's not a legal road.
Mr. Holland asked why the right-hand lot on the plan was designated unbuildable.
Mr. Shugrue replied that over 90% of it falls below the 10' contour and that much
of it is marsh area and some is wet, depending on how the neighbor to the north
regulates the bog.
In the absence of further discussion, Mr. Visco. moved that the plan be taken
under advisement and Mr. Rounsville seconded the motion. Julie Manner asked
what that meant, and Mr. Barrett said a decision would not be made until Town
Counsel had been contacted. Ms. Manner asked if the plan were changed would a
second hearing be held, and Mr. Barrett said no. At 8:33 PM the Siefert hearing
was closed.
PUBLIC HEARING - W. J. BRAUN, East of Airport: This hearing opened at 8:35 PM.
Chairman Barrett read the letter from the Board of Health which withheld approval
since the percolation tests had not been done. He also read a letter from an abutter,
Julius Jensen III of the Norwood Farm Trust,who protested the development of the
area and the widening and paving of the road which runs through his property. Mr.
Barrett next read the report from the Supt. of the DPW which noted several deficienciE
in the plan, mostly minor. Mr. Barrett also read the letter from Attorney Mendler
to Town Counsel about a proposed form of order for execution by the Selectmen for
the utility lines.
Attorney Glidden spoke on behalf of the plan, commenting that 36 lots out of
250 acres was an awfully good way to use the land. Attorney Mendler spoke next
and explained the proposed form of order for the utility lines in that it should be
adapted to go along with the new plan. Mr. Gardner said the former approval was
only for the section of the road the Town had legally taken, and Mr. Mendler replied
that thatwasi''t clear, because it would be fruitless to lay 2 sections of wire without
a connection in the middle.
He continued by saying that the plan reflects adjustments made to satisfy several
requests by the Planning Board and better design. He said that there is an existing
26 lot plan of 60, 000 sq. ft. lots and that the new plan incorporates that area as well
as much acreage in back of those lots so that the 36 lots average 6 acres each. He
mentioned that no building would be permitted below a 20' contour, that Mr. Braun
would give a 7. 4 acre parcel which abuts the Airport to the Nantucket Conservation
Commission, and that they would improve the access road at the point where the
Town ownership ends through the subdivision and that the proposed Maddequecham
Road would be improved also, both to the specifications prepared by the local DPW.
Planner Peter Rospeck then described the plan and showed 6 overlays prepared
to indicate various characteristics that might limit the development of the land and
discussed the roads within the subdivision. He said that Valley Road, an existing
road, would remain untouched and that the wet area on New South Road should become
dry after it's constructed to the DPW specifications.
Mrs. McGarvey said she was still curious about how the utilities could be brought
in. Mr. Mendler said he had discussed a form with Mr. Goglia which he approved
and explained that they believe if a Planning Board can require improvements to an
access road then they can also grant permission for the installation of utilities. He
said either the Board has jurisdiction over access roads or it doesn't.
Mr. Klein asked to what extent the Town would be liable to complaints from
owners unknown. He said he was led to understand that the only person to be held
liable would be Mr. Braun, and the Town would be immune to them. Mr. Mendler
said that wasn't possible.
Mrs. McGarvey asked if there were a document that says Mr. Braun has rights
to bring in the utilities and if so, could the Board see it.
Mr. Mendler said the certificate of title gives Mr. Braun the right of passage.
Mr. O'Rourke then discussed the right of passage and said that in the case of Rus-
sell Management it was decided by the court that that right did not include the
right to lay utilities in the road not owned by Russell Management.
Mr. Barrett read a second letter written by the son of the abutter on behalf of his
mother, Viola D. Webster. Mr. John Webster objected to the laying of utilities
on the road through his property. Attorney Richard Glidden commented that these
abutters were not listed on the assessors maps and that it might be appropriate for
them to pay taxes on their property.
Attorney O'Rourke then said that the Foundation had several strong objections to
the 189 -lot plan and that the new plan showed remarkable improvement. However,
he said he still had some basic objections. He pointed out that unless covenanted, it
would be possible to further subdivide many of the lots. He said he was hopeful that
certain easements and scenic easements would be shown on the plan.
Mr. Lentowski, Executive Secretary of the Conservation Foundation, said he was
hopeful that some agreement could be reached on the siting of second homes, that
the integrity of Made quecham Valley be preserved by providing for a restriction
on building below the 30' contour and that the road layout not damage the slope or
valley and that as few driveways as possible be provided.
Mr. Mendler said that he could meet the requests of the Conservation Foundation
in that they would be willing to covenant not to further subdivide but that the 20'
contour conservation easement already provides for the conservation of Madeque-
cham Valley and that there would be a way to suggest wording so as to minimize
roadwork.
Mr. Glidden and Mr. Mendler then summarized their reasons supporting approval
of the plan. Mrs. McGarvey asked if all Mr. Corcoran's objections had been met.
Mr. Visco replied that they would be according to the attorneys and that most are
technical omissions.
At 10:05, Mr. Rounsville moved that the hearing be closed and Mr. Barrett
seconded the motion.
REGULAR MEETING: The regular meeting followed after a 5 -minute recess.
NEW PLAN: The Board received one new plan, presented by John Shugrue:
#1477, property of Frank Sylvia, Meadow View Drive, 1 lot, ANR, endorsed.
OTHER BUSINESS:
Town Map - The Board approved the second draft of the town section of the maps
prepared under contract by Schofield Bros. and asked for 12 copies of the section
at the 500' to an inch scale.
Building Inspector - Buildable Lot - The Board expressed agreement with the letter
to be sent by the Building Inspector to Attorney Bolotow who represents Mr. Alan
Nathan whose property is at Tom Nevers Head.
Richard White - Gift to Ornithological Society - Attorney Richard Glidden told the
Board that the Ornithological Society may not be able to accept the gift of land. In
that event, it will be given to the Nantucket Conservation Foundation.
Eric N. Gilbertson - Mr. Gilbertson asked tl-e Board to review his application of
July 2, 1973, for the creation of 7 lots on Vestal St. extension and Dukes Rd. Mr.
Gardner recalled that the plan was denied endorsement since the Board believed
the new zoning by-laws had been posted that day, but, in fact, were not until a day
or so later. He said that Town Counsel had advised the Board that the plan should
be Honored in good faith. Upon further discussion, it was learned that the section
of Vestal St. Extension on which 5 lots front is not even on the ground. Mr. Gil-
bertson was then advised to resubmit the plan for approval under the rules and
regulations that were in effect at the time of the original submission.
Request for Town Counsel's Opinion - The Board agreed to request Town Counsel's
opinion about liability for maintenance of a new road after the construction is complete
and the lots are released from the covenant. The request was made by Cecil Richrod.
BILLS: Schofield Bros. bill for the balance due on the mapping and a bill from the
Inquirer and Mirror for advertising were approved for payment.
THE MEETING ADJOURNED AT 10:40 PM.
TOWN of NANTUCKET
Massachusetts
PLANNING BOARD
AGENDA. FOR MEETING OF OCTOBER 20, 1975
MINUTES OF THE LAST TITIO MEETINGS, SEPT. 29 & OCT. 6
NEW PLANS & OTHER BUSINESS - Taken in order of arrival to meeting by
representatives of such matters.
CONSIDERATION OF PLANS PREVIOUSLY RECEIVED:
Donald MacDonald - Release of second lot & clarification of paving of road
Milestone Associates - Covenant received
Nantucket leach Properties - State DPSFT requested complete signed copy of
their latest subdivision plan since their access road comes from state hghy.
OTHER BUSINESS:
Mrs. Rose - Siasconset - R.equest for 2nd house on a lot on School Street.
Other
CORRESPONDENCE:
Planning & Zoning Newsletter - Fall Conference of Mass. Fed. of Planning
"Soards on 10/25/75 in Pittsfield.
Stephen Grant Stone -Request to reconsider Foard's position on sponsoring
article to upzone Surfside.
MINUTES OF THE MEETING OF OCTOBER 20, 1975 AT 8:00 PM.
PRESENT: Donald T. Visco, Charles J. Gardner & Marland Rounsville
ABSENT: Walter Barrett and Dorothy McGarvey
MINUTES OF THE LAST TWO MEETINGS, Sept. 29 & _Oct. 6: Mr. Gardner moved
they be approved as written, and Mr. Rounsville seconded the motion.
NEW PLANS: Mr. Josiah Barrett presented one new plan, as follows:
#1478, property of Hugh B. and Helen C. MacVicar, Vesper Lane, an adjustment
of a lot line between two existing lots, ANR, endorsed.
Schofield Brothers presented one plan, also:
#1479, property of heirs of Phinney Taylor, 5 lots, Tuckernuck, ANR, endorsed.
MILESTONE ASSOCIATES: Attorney James Glidden and Engineer John Shugrue
requested a clarification of the road specifications and a lowering of the engineering
specifications from what was approved for the drainage of the road. Mr. Shugrue
had designed 8" lateral piping for the drainage. Town Engineer Gilbert Corcoran
had recommended 12" lateral with an increase of 1' in pitch or 15" lateral with the
pitch to remain as designed. At the public hearing, Engineer Shugrue agreed to
the former recommendation, and the plan was approved with that condition. Since
then, Engineer Corcoran has published specifications for work on Town roads and
sidewalks, Mr. Glidden explained, and those specifications only call for 8" pipe for
drainage. Therefore, they believe that Milestone Associates should not have to
do more than what will be required in the rest of the Town. None of the Planning
Board members had known of Mr. Corcoran's new specifications but agreed that
a person in his position would likely have his ideas on the subject.
As to the road specifications, Mr. Glidden said that Mr. Corcoran first
talked about requiring 6" of gravel on the surface on the road and then indicated
that adding stone fines to what was there might suffice. Mr. Glidden said he
wrote to Mr. Corcoran Oct. 9 for clarification on the specs but had not received
an answer.
Mr. Visco said he thought it was unreasonable to ask for more than the stan-
dard specs. Mr. Rounsville said he would move to approve their covenant based
on the basic rules and regulations.
Mr. Gardner said he would like to hear Mr. Corcoran's explanation. He added
that he thought it was unfair to tear apart his recommendations when he's not present
and that the time for such discussion was at the public hearing. The discussion
ended with the understanding that Mr. Visco and Mr. Rounsville would accept the
covenant. Mr. Gardner said he wouldn't sign it but that they could get a third
member to sign it.
ROSE - Second House on a Lot:Architect Chris Holland representing Mrs. Edward
A. Rose of School St., Siasconset, requested permission to build a second house
on the lot. After determining that there would be access to the proposed house
for emergency vehicles, the Board approved the request on a motion by Mr.
Gardner, seconded by Mr. Rounsville.
BRAUN: Attorney Richard Glidden requested the addition of a phrase to the terms of
the proposed covenant for that plan, that the 7. 4 acre gift of land be made to the
Conservation Commission (which was in the original) or "to the Nantucket Memorial
Airport, " which was the addition. The addition was acceptable. Mr. Klein asked
if there were a chance that his client would get a utility easement over Airport
property and Mr. Glidden said there was.
ERIC NORD GILBERTSON: Mr. Gilbertson presented an application for ANR with
a single print of a plan enscribed "Preliminary Plan. " Mr. Gilbertson was then
told he should bring in a plan for approval in order to create lots on that property,
which he had been advised to do at the previous meeting. Mr. Gilbertson then
questioned how Mrs. Burchell could have received ANR and that he couldn't'.
It was said that some plans have received ANR endorsement and that after a certain
number of lots have been created, the condition of a road may preclude more from
being created.
DONALD MACDONALD: A request to release a second lot of the 18 -lot subdivision
of the MacDonalds off Hooper Farm Road was granted, and the release form was
signed. The matter of the paving of that road was raised, and it was agreed that
Mr. MacDonald should be asked to request by letter the substitution of the gravel
road specifications in place of asphalt if that's what he wants to use.
S.
GRANT STONE: The Board read a letter from S. Grant Stone dated October 6, 1975,
in which he requested the Board to sponsor an article to upzone the Surfside area
from 20, 000 sq. ft. lots to 40, 000 sq. ft. lots. In discussing the matter, the
Board reaffirmed their earlier position, that they would not sponsor individual
articles.
THE MEETING ADJOURNED AT 9:20 PM.
TOWN of NANTUCKET
Massachusetts
PLANNING BOARD
MINUTES OF THE PLANNING BOARD MEETING HELD SEPTEMBER 20, 1976
PRESENT - Charles Gardner, Donald Visco, Walter Barrett
1.
MINUTES OF LAST MEETING - September 7th & 15, 1976 - Mr. Gardner
motioned to approve the minutes, seconded by Mr. Barrett, all in favor.
NEW PLANS
#1550 Henry CcfAn, Jr. , 2 lots, located off Burnell St. , ANR, endorsed.
#1591 David O. Cowles, 2 lots, located off Dave St., ANR, endorsed.
Terry Eldredge submitted a plan ANR for Rose H. Collins Snow for 3 lots
located off Massasoit Bridge Road. This was only for a perimiter survey
and Land Court registration. The Board felt that Mr. Eldredge should use
Section 81X of the Subdivision Law. Mr. Eldredge voluntarily withdrew
the plan.
#1562D Hamilton Heard Jr., definitive plan, 7 lots, located on Tuckernuck.
A public hearing was set for October 18, 1976 at 8:00 PM.
#1592 George Fraker, 6 lots, located off De Wolf Avenue, Monomoy. Lots
16, 1 & 13 and Lots 14, 2 & 15 are being combined for building
purposes, ANR, endorsed.
#1593 Sherburne Associates, 4 lots, located off North Beach St., ANR,
endorsed.
#1594 Sherburne Associates, 4 lots, located off North Beach St. Mr.
Shugrue submitted a definitive plan. A public hearing was set for
October 18, 1976 at 8:30 PM.
PLANS PREVIOUSLY SUBMITTED
#1567 Nantucket Beach Properties Cluster Subdivision. Mr. Klein sub-
mitted a draft report written to the Board of Appeals. The reviewed
the report and decided to take it under advisement.
#1366 Russell Management - Mr. Klein explained to the Board that he
talked to Town Council and he said the Board need take no action
until Russell presents the Board with a covenant.
#1473 William Braun - The Board is making no decision because of pending
- litigation. Town Council will be on the Island Friday, September
24, 1976 to take more depositions.
CORRESPONDENCE
Mr. Visco read a letter from Claude Bamberger to Mr. Desrocher cc: to the
Planning Board for their information.
OTHER BUSINESS
Eric Nord Gilbertson read a letter to the Board which mentioned that he had
talked to Town Council about his plan that he submitted two years ago. The
Board admitted that they were in the wrong. The plan had been denied because
of zoning changes but Mr. Eric Gilbertson had submitted his plan the day before
c:-anges so therefore, h2 would be subject to the zoning by-laws in effect the
day he submitted the plan.
Mr. Gilbertson submitted this plan for discussion purposes. The Board
suggested that Mr. Gilbertson come back with a plan with 5 or 6 lots instead
of 7 because the lots are alittle too small.
Mr. Eldredge submitted a release form for Phillip J. Minella for the release
of his two lots for building purposes. Mr. Gardner motioned to release the lots;
seconded by Mr. Barrett, all in favor.
ADJOURNED - 9:30 PM
lolqlq& —f�r12 DI a&4Wdor,a� bN
Plann in3 80a�'
GLIDDEN & GLIDDEN, P.C.
ATTORNEYS AT LAW
P. O. Box 1079
37 CENTRE STREET
NANTUCKET, MASSACHUSETTS 02554
508-228-0771
FAx 508-228-6205
OFFICE@GLIDDENANDGLIDDEN.COM
RICHARD J. GLIDDEN
JESSIE M. GLIDDEN BRESCHER
JOHN B. BRESCHER
July 30, 2018
Via Email OW
y — eantoniettiac iiantucket-ma.gov
Eleanor Antonietti
Land Use Specialist
Zoning Board of Appeals
Town of Nantucket
2 Fairgrounds Road
Nantucket, MA 02554
RE: 32 and 34 Dukes Road, Nantucket, MA
Dear Eleanor:
Zoning Board of Appe
JUL3 0 2018
RECEIVED
JAMES K. GLIDDEN
(1917 -- 2009)
Enclosed please find a copy of the recorded Confirmatory Deed which includes the Amended
License to Sell from the Nantucket Probate Court.
If you have any questions or need any additional information, please do not hesitate to contact
me. Trusting you find everything in order and thanking you for your continued assistance, I
remain,
Very truly
Brescher
cc: Gordon E. W. Gilbertson (with enclosures)
Sarah F. Alger (with enclosures)
Bk: 01666 Pg: 276
2133
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CONFIRMATORY
MASSACHUSETTS QUITCLAIM DEED
***to confirm transfer in accordance with Agreed Order Granting Motion
to Amend Amended Mediated Settlement Agreement issued by
the Fifteenth Judicial Circuit in and for Palm Beach County
Florida, Probate Division
See also Nantucket Probate Docket No. NA16P0080EA)***
Confirming Deed recorded with the Nantucket Registry of Deeds in Book 1588, Page 123
1, GORDON GILBERTSON, Personal Representative of the Estate of Bernice Charlotte
Gilbertson, with a mailing address of 788 Bain Place, Redwood City, CA 94062 (Nantucket
Probate Docket No. NA 16P0080EA), pursuant to License to Sell, as amended
For consideration paid and in full consideration of ONE AND NO/100 DOLLARS ($1.00)
[transfer pursuant to court -approved agreement]
Grant to 34 DUKES ROAD, LLC, with a mailing address c/o Glidden & Glidden, P.C, 37 Centre
Street, Nantucket, MA 02554
With QUITCLAIM COVENANTS,
that certain parcel of land together with the improvements thereon situate at 34 DUKES ROAD,
Nantucket Town and County, Massachusetts, bounded and described as follows:
Being more particularly described as Lot I shown upon Plan File 7-A filed with
the Nantucket Registry of Deeds.
For Grantor's title, see Deed recorded with the Nantucket Registry of Deeds in Book 183, Page
245 and Nantucket Probate Docket No. NAI6P0080EA (including Order to Approve Amended
Mediated Settlement Agreement, as amended by Agreed Order Granting Motion to Amend
Amended Mediated Settlement Agreement from the Fifteenth Judicial Circuit in and for Palm
Beach County, Florida, Probate Division Case No, 502014GA000084XXXXMB IB filed
therewith).
- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -
SIGNATURE PAGE TO FOLLOW
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WITNESS my hand and seal as of this day of ��Ui� 12018.
7 RDON GILBERTSON, Personal Representative
Estate of Bernice Charlotte Gilbertson
MWIN
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County of
On thi day of , 2018, before me, the undersigned notary
public, personally appeared sORDONPILBERTSON, Personal Representative as aforesaid, (a)
Personally known ton or d to me through satisfactory evidence of
identification, which was�m._ (type of identification), to be the person
whose name is signed on the preceding or attached document, and acknowledged to me that he
sieved it voluntaril"— his free act and (iced, for its stated purpose.
Offi ial Signaiu e 4d Seublic
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Commission 9 2197334
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We, Gordon E. W. Gilbertson, and Nancy Anne Gilbertson, join in this Deed for the purpose of
releasing to 34 Dukes Road, LLC any rights which we may have acquired pursuant to that
certain deed dated January 25, 2017, and filed with the Nantucket Registry of Deeds in Book
1588, Page 123, and acknowledge that the intent of the Agreed Order Granting Motion to Amend
Amended Mediated Settlement Agreement issued by the Fifteenth Judicial Circuit in and for
Palm Beach County, Florida, Probate Division (a certified copy of which is filed with Nantucket
Probate Docket No. NAI 6P0080EA) is that legal title to the property herein conveyed is to pass
to 34 Dukes Road, LLC, and not to us individually, as a result of the Mediated Settlement
Agreement.
Witness our hands and seals thi,rday of
C✓
GORDON E. W. GILBERTSON—
Individually
STATE OF
County old- 1�1U�1
On thiday of , 2018, before me, the undersigned notary
public, personally appeare CORDON E. W. GILBERTSOY and NANCY ANNE
GILBERTSON, (a) personally ki 10 proved to me through satisfactory
evidence of identification, which was (type of identification), to be
e persons whose names are signed on the preceding or attached document and acknowledged
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to1{ne that they siggedrl)voluntarily, as their free act and deed, for its stated purpose.
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FILED
JUL 19 2018
NANTUCKET PROBATE COURT
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
PROBATE AND FAMILY COURT DEPARTMENT
ESTATE OF BERNICE CHARLOTTE GILBERTSON
Nantucket Division Docket No. NA 16POO80EA
MOTION FOR AMENDMENT OF LICENSE TO SELL
AND AUTHORITY TO SIGN CONFIRMATORY DEED
Gordon E. W. Gilbertson, Petitioner
Now comes Gordon E. W. Gilbertson, (lie petitioner in this action who moves this Honorable
Court as follows:
That (lie License to Sell the property situate at 34 Dukes Road, more particularly described as
Lot I as shown on Plan File 7-A filed with the Nantucket Registry of Deeds (hereinafter the
"Property"), dated Apri 113, 2017, be amended to authorize the transfer of the Property to 34
Dukes Road LLC (instead of Gordon E. W. Gilbertson and Nancy Anne Gilbertson), in
accordance with the Agreed Order Granting Motion to Amend Amended Mediated Settlement
Agreement dated June 20, 2018 issued by the Fifteenth Judicial Circuit Court in and for Palm
Beach County, Florida, Probate Division, Case No. 502014GA000084XXXXMB [B (a certified
coy of such order is filed herewith), and that Petitioner be given authority to execute a
Confirmatory Deed transferring said property to 34 Dukes Road LLC, as provided by the
enclosed Florida Agreed Order.
The unintended consequence of the initial Order approving the Amended Mediated Settlement
Agreement was the "merger" of the Property with the adjacent lot at 32 Dukes Road (more
particularly described as Lot 2 as shown on Plan File 7-A filed with said Registry) for zoning
purposes; prior to said Order, said lots were deemed to be separately marketable and buildable
pre-existing nonconforming lots of record. Inasmuch as the initial order intended to maintain
adjacent lots as separately buildable, the purpose of the Agreed Order Granting Motion to
Amend Amended Mediated Settlement Agreement dated June 20, 2018 is to prevent the merger
of the adjacent lots and maintain them in separate legal ownership.
NAHTUCYET SS PROBATE COURT
THE WITHIN MOTILIN IS
HEREBY ALLOWED.�&Q__
JUDG F 0 ATE COURT
A TRUE COPY, ATTEST:
a�DRegiobate
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As such, Petitioner prays that the License to Se11 be amended as set forth herein and that
Petitioner be granted authority to execute the attached Confirmatory Deed. ,
Gordon E. W. Gilbertson
B is at ney
e M. Brescher
lidden & Glidden, P.C.
37 Centre Street
Nantucket, MA 02554
508-228-0771
'essic(eglliddenandgliddeiz.eom
BBO# 645204
3J p-
9. S'
Town of Nantucket
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER......1t . • i..:..�..i.:......... .. .
MAILING ADDRESS SI&-6M.1'..tGf.�
PROPERTY LOCATION... ...... ...
ASSESSOR MAP/PARCEL...,, ... ...... .. t.0 ............
SUBMITTED BY.SJ e–S 4�-...............
SEE ATTACHED PAGES
Icertify that the foregoing is a list of all persons who are owners of abutting
p.roperty, 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 properly, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section I 1 and Zoning Code Chapter 40A, Section 139-29B
(2)
— - 7 --- 0 T—�� Y=� -
DATE AS' S OFFICE
TOWN OF NANTUCKET
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