HomeMy WebLinkAboutBoard of Selectmen Agenda August 17, 2011 Packet_201402061624250790COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
BOARD OF SELECTMEN
ORDER OF TAKING BY EMINENT DOMAIN
OF PORTIONS OF HINSDALE ROAD, OLD SOUTH ROAD,
SOUTH SHORE ROAD AND PROPRIETOR’S ROAD
The undersigned being the majority of the duly elected and serving members of the Board
of Selectmen of the Town of Nantucket, a body politic and corporate and a political subdivision
of the Commonwealth of Massachusetts, having a principal place of business at Town and
County Building, 16 Broad Street, Nantucket, Massachusetts (“Town”), acting by authority of
Massachusetts General Laws Chapter 40, § 14 and Chapter 79, as amended, Article III, Section
3.3 of the Town Charter, St. 1996, c. 289, § 1, and the vote on Article 25 adopted by the Town at
its 2009 Special Town Meeting, a certified copy of which is attached hereto, and by virtue of
every other power and authority hereto enabling us, having complied with all the preliminary
requirements prescribed by law, having determined that the taking of the fee in those certain
parcels of land comprising portions described below (“Parcels”) is required for open space and
conservation purposes, and for the disposition of said Parcels for the same purposes do hereby
adopt and decree this Order of Taking on behalf of the Town and do hereby take from the
supposed owners of the Parcels, those who hold easements and other rights to the Parcels, and all
their successors, heirs and assigns, as their interests may appear, by the right of eminent domain,
the fee in the Parcels, including but not limited to all rights of passage, if any, as follows:
The land shown on a plan of land entitled “Subdivision Plan of Land in Nantucket, MA.,
prepared for: Town of Nantucket, 1” = 200’, May 20, 2011,” (the “Plan”) prepared by Blackwell
& Associates, Inc. and recorded with the Nantucket Registry of Deeds as Plan No. 2011-40 and
consisting of the following Parcels described on the Plan:
Parcel Address/Location Area ±
Road Lot 6 South Shore Road 31,098 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 70 Nantucket Islands Land Bank Book 1230, Page 167
Parcel 5
Parcel Address/Location Area ±
Road Lot 7 Hinsdale Road 1.122 Acres
Property ID Supposed Owner(s) Title Reference
Map 78, Parcel 6 Nantucket Island Land Bank Book 1230, Page 167
Parcel Address/Location Area ±
Road Lot 9 Hinsdale Road 11,943 s.f.
Property ID Supposed Owner(s) Title Reference
Map 69, Parcel 4 Nantucket Conservation Foundation Book 356, Page 329
Inc.
Parcel Address/Location Area ±
Road Lot 10 Hinsdale Road 2.183 Acres
Assessor ID Supposed Owner(s) Title Reference
Map 69, Parcel 5 Nantucket Conservation Foundation, Book 356, Page 329
Inc.
Map 70, Parcel 4 Nantucket Conservation Foundation, Book 144, Page 247
Inc.
Map 70, Parcels 6 Nantucket Conservation Foundation, Book 497, Page 261
Map 77, Parcel 27 Inc.
Parcel Address/Location Area ±
Road Lot 11 Hinsdale Road 24,528 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 69, Parcel 6 Town of Nantucket Proprietors Book 7,
Pages 146-148, 186-187
Veterans of Foreign Wars, Notice of Lease recorded
Post 8608 As Lessee in Book 837, Page 1
Parcel Address/Location Area ±
Road Lot 12 Old South Road 19,392 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 69, Parcel 6 Town of Nantucket Proprietors Book 7,
Pages 146-148, 186-187
Veterans of Foreign Wars, Notice of Lease recorded
Post 8608 as Lessee In Book 837, Page 1
Parcel Address/Location Area ±
Road Lot 13 Old South Road 17,759 s.f.
Assessor ID Supposed Owner(s) Title Reference
Portion of
Map 78, Parcel 5 Town of Nantucket Book 62, Page 170 and
Proprietors Book 7,
Pages 146-148 & 186-187
Parcel Address/Location Area ±
Road Lot 14 Old South Road 5,235 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 69, Parcel 290 Nantucket Islands Land Bank Book 1229, Page 108
Parcel Address/Location Area ±
Lot 8 Old South Road 13,450 s.f.
Property ID Supposed Owner(s) Title Reference
Map 69, Parcel 295 Town of Nantucket Book 1229, Page 100
Parcel Address/Location Area ±
Road Lot 15 South Shore Road 6.598 acres
Property ID Supposed Owner(s) Title Reference
Map 77, Parcels Nantucket Conservation Foundation, Inc. Certificates of Title Nos.
15, 19, 20, 21, 22 12236, 14287, 16071
And Book 497, Page 261
Parcel Address/Location Area ±
Road Lot 17 South Shore Road 22,813 s.f.
Property ID Supposed Owner(s) Title Reference
Map 90, Parcel 2 Nantucket Conservation Foundation, Inc. Certificate of Title Nos. 8550
Excepted from this Order of Taking is a 20’ wide easement in Hinsdale Road to be
retained by Nantucket Islands Land Bank within Road Lot 10 as shown on said Plan for the
purposes of access to Lots 4 and 5 as shown on the Plan; and a License Agreement between the
Town and National Grid (USA), Inc. dated April 12, 2006 recorded with said Deeds in Book
1020, Page 80 as it affects property shown on Assessor’s Map 69, Parcel 6
Any and all trees, vegetation, structures and improvements at the Parcels are included in
this Order of Taking.
The damages sustained by the supposed owner(s) listed above by reason of this taking of
the Parcels are valued and awarded in a resolution of even date adopted by the Board of
Selectmen in accordance with Massachusetts General Laws Chapter 79, as amended.
If any party named hereinabove as an owner of any Parcels taken hereby is not a true
owner of said Parcels, then the award is made only to the true owner(s) of said Parcels.
(Remainder of Page Intentionally Blank. Signatures Follow on Next Page.)
Adopted under seal this day , 2011
TOWN OF NANTUCKET
BY ITS BOARD OF SELECTMEN
Rick Atherton
Whiting Willauer
Patricia Roggeveen
Michael Kopko
Robert DeCosta
COMMONWEALTH OF MASSACHUSETTS
Nantucket County, ss
On this day of , 2011, before me, the undersigned notary public, personally
appeared Patricia Roggeveen, Whiting Willauer, Rick Atherton, Michael Kopko, and Robert
DeCosta, as members of the Board of Selectmen of the Town of Nantucket, proved to me
through satisfactory evidence of identification, which was personal knowledge of the
undersigned, to be the persons whose names are signed on the preceding or attached document,
and acknowledged to me that they signed it voluntarily for its stated purpose as the free act and
deed of the Board of Selectmen of the Town of Nantucket.
Notary Public
My commission expires:
428771/NANT19712/0001
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
BOARD OF SELECTMEN
ORDER OF TAKING BY EMINENT DOMAIN
OF PORTIONS OF MYLES STANDISH STREET F/K/A
SHIMMO STREET, ATLANTIC AVENUE AND
MAP 87, PARCELS 42 AND 44 UNCATENA STREET
F/K/A WANNACOMET STREET
The undersigned being the majority of the duly elected and serving members of the Board
of Selectmen of the Town of Nantucket, a body politic and corporate and a political subdivision
of the Commonwealth of Massachusetts, having a principal place of business at Town and
County Building, 16 Broad Street, Nantucket, Massachusetts (“Town”), acting by authority of
Massachusetts General Laws Chapter 40, § 14 and Chapter 79, as amended, Article III, Section
3.3 of the Town Charter, St. 1996, c. 289, § 1, and the vote on Article 102 adopted by the Town
at its 2011 Annual Town Meeting, a certified copy of which is attached hereto, and by virtue of
every other power and authority hereto enabling us, having complied with all the preliminary
requirements prescribed by law, having determined that the taking of the fee in those certain
parcels of land comprising portions of Myles Standish Street f/k/a Shimmo Street and Atlantic
Avenue, and the fee in the parcels shown on Town Assessor’s Map 87, Parcels 42 and 44
Uncatena Street f/k/a Wannacomet Street described below (“Parcels”) is required for general
municipal purposes and public access purposes, and/or open space purposes do hereby adopt and
decree this Order of Taking on behalf of the Town and do hereby take from the supposed owners
of the Parcels, those who hold easements and other rights to the Parcels, and all their successors,
heirs and assigns, as their interests may appear, by the right of eminent domain, the fee in the
Parcels, including but not limited to all rights of passage, if any, as follows:
The land shown on a plan of land entitled “Plan to Acquire Land for General Municipal
Purposes in Surfside Area Prepared for the Town of Nantucket in Nantucket, MA, Scale: 1” =
40’, Date: May 13, 2011, Nantucket Surveyors LLC” (the “Plan”) and recorded with the
Nantucket Registry of Deeds as Plan No. 2011-39 and consisting of the following Parcels
described on the Plan:
Parcel Address/Location Area ±
Parcel 80 Myles Standish Street 3,166 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 87 Nantucket Islands Land Bank Book 718, Page 340
Parcel 40
Parcel Address/Location Area ±
Parcel 81 Myles Standish Street 4,271 s.f.
Property ID Supposed Owner(s) Title Reference
Map 87, Parcel 40 Nantucket Islands Land Bank Book 718, Page 340
Parcel Address/Location Area ±
Parcel 85 Atlantic Avenue 1,775 s.f.
Property ID Supposed Owner(s) Title Reference
Map 87, Parcel 44 Heirs of Eugene A. Yates Certificate of Title
No. 3604
Parcel Address/Location Area ±
Parcel 83 Uncatena Street 3,573 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 87, Parcel 42 Heirs of Lyman S. Meston Book 79, Page 72 and
Including Helen I. Moorhouse, Josephine Book 115, Page 72
Kilduff , George Kilduff, Dan B. Foster,
Henry W. Grady, Henry W. Grady, Jr.,
Ruth Grady, Carney Hospital and the
Devisees of Margaret P. Yates
Parcel Address/Location Area ±
Parcel 84 Uncatena Street 15,033 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 87, Parcel 44 Heirs of Eugene A. Yates including Certificate of Title
Eugene Adam Yates, Jr., Anne Yates No. 3604
Proctor, Eugene A. Yates III,
Virginia R. Yates, Margaret Yates
Buckenmayer, Samuel Yates, the heirs
of Paul C. Shepard, the heirs of Reese A.
Shepard, the heirs of Wendy Shepard Chisolm, and the
Heirs of Edward M. Shepard III
Any and all trees, vegetation, structures and improvements at the Parcels are included in
this Order of Taking.
The damages sustained by the supposed owner(s) listed above by reason of this taking of
the Parcels are valued and awarded in a resolution of even date adopted by the Board of
Selectmen in accordance with Massachusetts General Laws Chapter 79, as amended.
If any party named hereinabove as an owner of any Parcels taken hereby is not a true
owner of said Parcels, then the award is made only to the true owner(s) of said Parcels.
(Remainder of Page Intentionally Blank. Signatures Follow on Next Page.)
Adopted under seal this day , 2011
TOWN OF NANTUCKET
BY ITS BOARD OF SELECTMEN
Rick Atherton
Whiting Willauer
Patricia Roggeveen
Michael Kopko
Robert DeCosta
COMMONWEALTH OF MASSACHUSETTS
Nantucket County, ss
On this day of , 2011, before me, the undersigned notary public, personally
appeared Patricia Roggeveen, Whiting Willauer, Rick Atherton, Michael Kopko, and Robert
DeCosta, as members of the Board of Selectmen of the Town of Nantucket, proved to me
through satisfactory evidence of identification, which was personal knowledge of the
undersigned, to be the persons whose names are signed on the preceding or attached document,
and acknowledged to me that they signed it voluntarily for its stated purpose as the free act and
deed of the Board of Selectmen of the Town of Nantucket.
Notary Public
My commission expires:
430724/NANTYDSALE/0001
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
BOARD OF SELECTMEN
ORDER OF TAKING BY EMINENT DOMAIN
OF EASEMENTS OVER PORTIONS OF HULBERT AVENUE
The undersigned being the majority of the duly elected and serving members of the Board
of Selectmen of the Town of Nantucket, a body politic and corporate and a political subdivision
of the Commonwealth of Massachusetts, having a principal place of business at Town and
County Building, 16 Broad Street, Nantucket, Massachusetts (“Town”), acting by authority of
Massachusetts General Laws Chapter 40, § 14 and Chapter 79, as amended, Article III, Section
3.3 of the Town Charter, St. 1996, c. 289, § 1, and the vote on Article 107 adopted by the Town
at its 2011 Annual Town Meeting, a certified copy of which is attached hereto, and by virtue of
every other power and authority hereto enabling us, having complied with all the preliminary
requirements prescribed by law, having determined that the taking of the easement rights of
others in and over those certain parcels of land comprising portions of Hulbert Avenue formerly
known as Hulbert Street, owned by the Town by virtue of a Certificate of Title No. 2283 filed
with the Nantucket Registry District of the Land Court and shown as Parcels A and B on a plan
of land entitled “Roadway Acquisition/Disposition Plan in Nantucket, Mass. A Portion of
Hulbert Avenue, Assessors Map 29 & 30 Prepared by Bracken Engineering, Inc.,” dated May 19,
2011 and recorded with the Nantucket Registry of Deeds as Plan No. _____ (the “Parcels’) is
required for open space and/or general municipal purposes, do hereby adopt and decree this
Order of Taking on behalf of the Town and do hereby take from those who hold easements and
other rights to the Parcels, and all their successors, heirs and assigns, as their interests may
appear, by the right of eminent domain, the easement rights in and over the Parcels, if any.
Said easement is owned or supposed to be owned and/or formerly owned by the public as
set forth in the above-referenced Certificate of Title and more specifically by the following
Owner:
Record Owner of Easement: Joseph A. Young. Joseph J. Young and Frances T. Young
Benefitted Property: 43 Jefferson Avenue, Nantucket, MA
Mailing Address: 4000 Massachusetts Avenue, N.W. #716, Washington, D.C.
Title Reference: Certificate of Title No. 23529
Any and all trees, vegetation, structures and improvements at the Parcels are included in
this Order of Taking.
The damages sustained by the supposed owner(s) listed above by reason of this taking of
the Parcels are valued and awarded in a resolution of even date adopted by the Board of
Selectmen in accordance with Massachusetts General Laws Chapter 79, as amended.
If any party named hereinabove as an owner of any Parcels taken hereby is not a true
owner of said Parcels, then the award is made only to the true owner(s) of said Parcels.
(Remainder of Page Intentionally Blank. Signatures Follow on Next Page.)
Adopted under seal this day , 2011
TOWN OF NANTUCKET
BY ITS BOARD OF SELECTMEN
Rick Atherton
Whiting Willauer
Patricia Roggeveen
Michael Kopko
Robert DeCosta
COMMONWEALTH OF MASSACHUSETTS
Nantucket County, ss
On this day of , 2011, before me, the undersigned notary public, personally
appeared Patricia Roggeveen, Whiting Willauer, Rick Atherton, Michael Kopko, and Robert
DeCosta, as members of the Board of Selectmen of the Town of Nantucket, proved to me
through satisfactory evidence of identification, which was personal knowledge of the
undersigned, to be the persons whose names are signed on the preceding or attached document,
and acknowledged to me that they signed it voluntarily for its stated purpose as the free act and
deed of the Board of Selectmen of the Town of Nantucket.
Notary Public
My commission expires:
431450/NANTYDSALE/0001
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
BOARD OF SELECTMEN
ORDER OF TAKING BY EMINENT DOMAIN
OF PORTIONS OF LAUREL STREET
The undersigned being the majority of the duly elected and serving members of the Board
of Selectmen of the Town of Nantucket, a body politic and corporate and a political subdivision
of the Commonwealth of Massachusetts, having a principal place of business at Town and
County Building, 16 Broad Street, Nantucket, Massachusetts (“Town”), acting by authority of
Massachusetts General Laws Chapter 40, § 14 and Chapter 79, as amended, Article III, Section
3.3 of the Town Charter, St. 1996, c. 289, § 1, and the vote on Article 96 adopted by the Town at
its 2009 Annual Town Meeting, a certified copy of which is attached hereto, and by virtue of
every other power and authority hereto enabling us, having complied with all the preliminary
requirements prescribed by law, having determined that the taking of the fee in those certain
parcels of land comprising portions of Laurel Street described below (“Parcels”) is required for
general municipal purposes, do hereby adopt and decree this Order of Taking on behalf of the
Town and do hereby take from the supposed owners of the Parcels, those who hold easements
and other rights to the Parcels, and all their successors, heirs and assigns, as their interests may
appear, by the right of eminent domain, the fee in the Parcels, including but not limited to all
rights of passage, if any, as follows:
The land shown on a plan of land entitled “Taking Plan of Land in Nantucket, MA.,
Laurel Street, Town of Nantucket,” dated June 22, 2011, prepared by On-Island Land Survey
Co.(the “Plan”) and recorded with the Nantucket Registry of Deeds herewith as Plan No.
and consisting of the following Parcels described on the Plan:
Parcel Address/Location Area ±
Parcel One Laurel Street 9,600 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 80, Book 386, Page 333
Parcel 144 George F. Decambra as Trustee of the Trust
Agreement dated August 27, 1991 recorded
with said Deeds in Book 386, Page 281, and Karen A.
DeCambra as Trustee of the Trust Agreement
dated August 27, 1991 recorded with said Deeds
In Book 386, Page 307
Parcel Address/Location Area ±
Parcel Two Laurel Street 4,800 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 80, Parcel 143.2 Nantucket Six Pochick, LLC Book 1220, Page 334
Parcel Address/Location Area ±
Parcel Three Laurel Street 4,800 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 80, Parcel 143.1 Peter W. Atkinson and Janet R. Book 1006, Page 73
Atkinson
Any and all trees, vegetation, structures and improvements at the Parcels are included in
this Order of Taking.
The damages sustained by the supposed owner(s) listed above by reason of this taking of
the Parcels are valued and awarded in a resolution of even date adopted by the Board of
Selectmen in accordance with Massachusetts General Laws Chapter 79, as amended.
If any party named hereinabove as an owner of any Parcels taken hereby is not a true
owner of said Parcels, then the award is made only to the true owner(s) of said Parcels.
(Remainder of Page Intentionally Blank. Signatures Follow on Next Page.)
Adopted under seal this day , 2011
TOWN OF NANTUCKET
BY ITS BOARD OF SELECTMEN
Rick Atherton
Whiting Willauer
Patricia Roggeveen
Michael Kopko
Robert DeCosta
COMMONWEALTH OF MASSACHUSETTS
Nantucket County, ss
On this day of , 2011, before me, the undersigned notary public, personally
appeared Patricia Roggeveen, Whiting Willauer, Rick Atherton, Michael Kopko, and Robert
DeCosta, as members of the Board of Selectmen of the Town of Nantucket, proved to me
through satisfactory evidence of identification, which was personal knowledge of the
undersigned, to be the persons whose names are signed on the preceding or attached document,
and acknowledged to me that they signed it voluntarily for its stated purpose as the free act and
deed of the Board of Selectmen of the Town of Nantucket.
Notary Public
My commission expires:
431395/NANTYDSALE/0001
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
BOARD OF SELECTMEN
ORDER OF TAKING BY EMINENT DOMAIN
OF PORTIONS OF HAWTHORNE STREET, IRVING STREET,
VERNON STREET, WAVERLY STREET, ADAMS STREET
AND POCOMO AVENUE
The undersigned being the majority of the duly elected and serving members of the Board
of Selectmen of the Town of Nantucket, a body politic and corporate and a political subdivision
of the Commonwealth of Massachusetts, having a principal place of business at Town and
County Building, 16 Broad Street, Nantucket, Massachusetts (“Town”), acting by authority of
Massachusetts General Laws Chapter 40, § 14 and Chapter 79, as amended, Article III, Section
3.3 of the Town Charter, St. 1996, c. 289, § 1, and the vote on Article 76 adopted by the Town at
its 2010 Annual Town Meeting, a certified copy of which is attached hereto, and by virtue of
every other power and authority hereto enabling us, having complied with all the preliminary
requirements prescribed by law, having determined that the taking of the fee in those certain
parcels of land comprising portions of Hawthorne Street, Irving Street, Vernon Street, Waverly
Street, Adams Street and Pocomo Avenue described below (“Parcels”) is required for general
municipal purposes and public access purposes, do hereby adopt and decree this Order of Taking
on behalf of the Town and do hereby take from the supposed owners of the Parcels, those who
hold easements and other rights to the Parcels, and all their successors, heirs and assigns, as their
interests may appear, by the right of eminent domain, the fee in the Parcels, including but not
limited to all rights of passage, if any, as follows:
The land shown on a plan of land entitled “Roadway Acquisition Plan in Nantucket,
Mass. Of Hawthorne Street, Irving Street, Vernon Street, Waverly Street, Adams Street, Pocomo
Avenue, Prepared by Bracken Engineering, Inc.,” dated July 29, 2011 (the “Plan”) and recorded
with the Nantucket Registry of Deeds herewith as Plan No. and consisting of the
following Parcels described on the Plan:
Parcel Address/Location Area ±
Parcel A Hawthorne Street, Pocomo Avenue 24,000 s.f.
and Irving Street
Assessor ID Supposed Owner(s) Title Reference
Map 79 Patrick W. Taaffe and Carol A. Muehling Book 565, Page 337
Parcel 180
Parcel Address/Location Area ±
Parcel B Irving Street, Pocomo Avenue 24,000 s.f.
and Vernon Street
Assessor ID Supposed Owner(s) Title Reference
Map 79, Parcel 181 Patrick W. Taaffe and Carol A. Muehling Book 407, Page 125
Parcel Address/Location Area ±
Parcel C Vernon Street, Pocomo Avenue 24,000 s.f.
And Waverly Street
Assessor ID Supposed Owner(s) Title Reference
Map 79, Parcel 174 Whitney A. Gifford, Trustee of 25 Okorwaw
Avenue Nominee Trust Book 764, Page 145
Parcel Address/Location Area ±
Parcel D Hawthorne Street and Pocomo Avenue 12,000 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 79, Parcel 178 Heirs of Henrietta M. Mills Book 82, Page 8
Parcel Address/Location Area ±
Parcel E Pocomo Avenue and 12,000 s.f.
Irving Street
Assessor ID Supposed Owner(s) Title Reference
Map 79, Parcel 177 NHA Properties, Inc. Book 512, Page 117
Parcel Address/Location Area ±
Parcel F Vernon Street, Pocomo Avenue 10,800 s.f.
and Irving Street
Assessor ID Supposed Owner(s) Title Reference
Map 79, Parcel 176 James B. Rockett and Daniel F. Rockett Book 360, Page 255
Parcel Address/Location Area ±
Parcel G Irving Street 2,000 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 79, Parcel 156 Andrew G. Hausman and Dawne D. Book 812, Page 78
Hausman
Parcel Address/Location Area ±
Parcel H Vernon Street 2,000 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 79, Parcel 156 Andrew G. Hausman and Dawne D. Book 812, Page 78
Hausman
Parcel Address/Location Area ±
Parcel I Waverly Street 7,600 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 79, Parcel 154 John E. Fox, III and Mary Ann Fox Book 624, Page 21
Parcel Address/Location Area ±
Parcel J Adams Street, Pocomo Avenue 16,400 s.f.
And Waverly Street
Assessor ID Supposed Owner(s) Title Reference
Map 79, Parcel 118 Douglas J. Kepple and Christina Kepple Book 473, Page 38
Parcel Address/Location Area ±
Parcel K Adams Street and Pocomo Avenue 10,000 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 79, Parcel 117 John F. Polmonari and Marilee J. Book 874, Page 320
Polmonari, Trustees of 4 Mohansett
Road Realty Trust
Any and all trees, vegetation, structures and improvements at the Parcels are included in
this Order of Taking.
The damages sustained by the supposed owner(s) listed above by reason of this taking of
the Parcels are valued and awarded in a resolution of even date adopted by the Board of
Selectmen in accordance with Massachusetts General Laws Chapter 79, as amended.
If any party named hereinabove as an owner of any Parcels taken hereby is not a true
owner of said Parcels, then the award is made only to the true owner(s) of said Parcels.
(Remainder of Page Intentionally Blank. Signatures Follow on Next Page.)
Adopted under seal this day , 2011
TOWN OF NANTUCKET
BY ITS BOARD OF SELECTMEN
Rick Atherton
Whiting Willauer
Patricia Roggeveen
Michael Kopko
Robert DeCosta
COMMONWEALTH OF MASSACHUSETTS
Nantucket County, ss
On this day of , 2011, before me, the undersigned notary public, personally
appeared Patricia Roggeveen, Whiting Willauer, Rick Atherton, Michael Kopko, and Robert
DeCosta, as members of the Board of Selectmen of the Town of Nantucket, proved to me
through satisfactory evidence of identification, which was personal knowledge of the
undersigned, to be the persons whose names are signed on the preceding or attached document,
and acknowledged to me that they signed it voluntarily for its stated purpose as the free act and
deed of the Board of Selectmen of the Town of Nantucket.
Notary Public
My commission expires:
431431/NANTYDSALE/0001
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
BOARD OF SELECTMEN
ORDER OF TAKING BY EMINENT DOMAIN
OF PORTIONS OF POLLOCK AVENUE, HIGH STREET,
WESTERN AVENUE AND MORGAN SQUARE
The undersigned being the majority of the duly elected and serving members of the Board
of Selectmen of the Town of Nantucket, a body politic and corporate and a political subdivision
of the Commonwealth of Massachusetts, having a principal place of business at Town and
County Building, 16 Broad Street, Nantucket, Massachusetts (“Town”), acting by authority of
Massachusetts General Laws Chapter 40, § 14 and Chapter 79, as amended, Article III, Section
3.3 of the Town Charter, St. 1996, c. 289, § 1, and the vote on Article 107 adopted by the Town
at its 2011 Annual Town Meeting, a certified copy of which is attached hereto, and by virtue of
every other power and authority hereto enabling us, having complied with all the preliminary
requirements prescribed by law, having determined that the taking of the fee in those certain
parcels of land comprising portions of Pollock Avenue, High Street, Western Avenue and
Morgan Square described below (“Parcels”) is required for general municipal purposes and
public access purposes, do hereby adopt and decree this Order of Taking on behalf of the Town
and do hereby take from the supposed owners of the Parcels, those who hold easements and
other rights to the Parcels, and all their successors, heirs and assigns, as their interests may
appear, by the right of eminent domain, the fee in the Parcels, including but not limited to all
rights of passage, if any, as follows:
The land shown on a plan of land entitled “Perimeter Plan & Roadway Division Plan of
Land in Nantucket, Mass., Prepared for Town of Nantucket, Scale: 1”=50’, June 7, 2011,
Blackwell & Associates, Inc.” (the “Plan”) and recorded with the Nantucket Registry of Deeds as
Plan No. 2011-37 and consisting of the following Parcels described on the Plan:
Parcel Address/Location Area ±
Parcel 3 Western Avenue 2,106 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 87 Anthony B. Farrell, Brigid Ann Book 434, Page 319
Parcel 93 Farrell and Dorothy Ann Farrell
as Trustees of Farrell Realty Trust
u/d/t dated December 28, 1993
recorded with said Deeds in Book
434, Page 323
Parcel Address/Location Area ±
Parcel 4 Pollock Avenue, Morgan Square, 87,350 s.f.
High Street and Western Avenue
Property ID Supposed Owner(s) Title Reference
Map 87, Town of Nantucket Book 81, Page 258,
Parcels 86, 90, Book 246, Page 263 and
36, 4 and 91 Book 1013, Page 139
Map 87, Nantucket Islands Land Bank Book 1286, Page 126
Parcel 4
Parcel Address/Location Area ±
Parcel 5 Morgan Square 6,891 s.f.
Property ID Supposed Owner(s) Title Reference
Map 87 Richard J. Glidden, Trustee of Book 937, Page 89
Parcel 34 Roanalan Realty Trust u/d/t dated
January 18, 2005 recorded with
said Deeds in Book 937, Page 91
Parcel Address/Location Area ±
Parcel 6 Morgan Square 5,934 s.f.
Assessor ID Supposed Owner(s) Title Reference
Map 87 Parcel 3.3 Paul D. Cleary Book 387, Page 61
Any and all trees, vegetation, structures and improvements at the Parcels are included in
this Order of Taking.
The damages sustained by the supposed owner(s) listed above by reason of this taking of
the Parcels are valued and awarded in a resolution of even date adopted by the Board of
Selectmen in accordance with Massachusetts General Laws Chapter 79, as amended.
If any party named hereinabove as an owner of any Parcels taken hereby is not a true
owner of said Parcels, then the award is made only to the true owner(s) of said Parcels.
(Remainder of Page Intentionally Blank. Signatures Follow on Next Page.)
Adopted under seal this day , 2011
TOWN OF NANTUCKET
BY ITS BOARD OF SELECTMEN
Rick Atherton
Whiting Willauer
Patricia Roggeveen
Michael Kopko
Robert DeCosta
COMMONWEALTH OF MASSACHUSETTS
Nantucket County, ss
On this day of , 2011, before me, the undersigned notary public, personally
appeared Patricia Roggeveen, Whiting Willauer, Rick Atherton, Michael Kopko, and Robert
DeCosta, as members of the Board of Selectmen of the Town of Nantucket, proved to me
through satisfactory evidence of identification, which was personal knowledge of the
undersigned, to be the persons whose names are signed on the preceding or attached document,
and acknowledged to me that they signed it voluntarily for its stated purpose as the free act and
deed of the Board of Selectmen of the Town of Nantucket.
Notary Public
My commission expires:
430715/NANTYDSALE/0001
DEPARTMENT OF MUNICIPAL FINANCE TOWN OF NANTUCKET
Finance Director (508) 325-7518 (508)228-7209
Operations (508) 228-7209 Town & County Building
Collector (508) 228-7270 16 Broad Street
Treasurer (508) 228-7265 Nantucket, MA 02554
Assessor (508) 228-7211
Accounts Payable (508) 228-7275
TO: C. Elizabeth Gibson, Town Manager
FROM: Irene Larivee, Finance Director
DATE: August 8, 2011
RE: Finance Department Progress - July 2011
Attached is the monthly progress report relating to: the findings and areas of concern of the FY 10
audit and management letter; the Abrahams Report recommendations implementation, and
Department of Revenue report submittals.
Fiscal Year 2010 Audit Management Letter
The audit management letter outlines areas for improvement and identifies findings and weaknesses.
The Town’s FY 10 management letter contains eight findings requiring immediate attention including
implementation of internal controls; cash reconciliations; legacy account issues; enterprise funds;
county reconciliations; late journal entries; enterprise fund inter fund transfers; capital borrowing and
associated expenditures.
Action Taken Since July 1, 2011:
1. Town Cash Reconciliations: Incomplete. The Treasurers Cashbook wasn’t 100% completely
reconciled within the allotted time period (July 21, 2011) Therefore, the Acting Town Accountant
wasn’t able to complete the cash reconciliation process from the Treasurers Cashbook to the
General Ledger. The expectation is to have both the May 31, 2011 and June 30, 2011 cash
reconciliations complete for all accounts, including the two remaining legacy accounts by August
18, 2011.
2. County Cash Reconciliations: Complete.
The Management Letter also identifies other areas of concern that need to be corrected during the
remainder of FY2011 and FY2012, including reconciling Massachusetts Highway Grants; Accounting for
Trust Fund Balances; Commingling Cash Accounts of Enterprise Funds; Fraud Risk Assessment;
Accounting for Off-Duty Police and Fire Details; Dental Insurance Withholding Deficit; General Ledger
Maintenance and Reconciliations for Nantucket County; Receivable Reconciliations; Prepaid Expense
Balance; Journal Entry Control; and County Escrow Accounts.
An update on key items listed in the prior paragraph follows:
1. Accounting for Trust Fund Balances – In progress. Trust fund bank statements are received on
a quarterly basis. Therefore, we anticipate reconciliation of the cash balances in the Trust
Funds will be completed for the final quarter of FY11 . The June 30, 2011 cash reconciliation
is due on August 18, 2011.
Page 2 of 3
2. General Ledger Maintenance and Reconciliations for Nantucket County – Complete for Fiscal
Year 2011.
3. Receivable Reconciliations – Incomplete. The receivable reconciliation for May was due July
21, 2011. The staff member previously performing reconciliations for the town is no longer
with the town. Therefore, the Finance Director will ensure the June 30, 2011 receivables are
reconciled by the due date of August 18, 2011.
4. Enterprise Funds Cash Reconciliation – Complete. The final reconciliation for June 30, 2011
from the Cashbook to the Airport and Wannacomet Water General Ledger cash accounts will
be completed on August 18, 2011.
5. Enterprise Fund Inter-fund Transfers – Complete for Fiscal Year 2011.
6. Journal Entry Control – In progress. For the month of June, Town journal entries have a
cumulative decrease of 98.9% over FY2010 (283 in FY11 vs. 522 in FY10); with County journal
entries cumulatively decreased by 67.3% (33 in FY11 vs. 90 in FY10.
Department of Revenue Schedule
The Massachusetts Department of Revenue provides a schedule of tasks with an associated timeline
for all municipalities in the Commonwealth.
Action Taken Since July 1, 2011:
1. Certification date for Free Cash – In progress. The free cash schedule is now open on the
Department of Revenue’s website for towns to submit the information required for free cash
certification. The Acting Town Accountant is in the process of preparing the necessary reports for
the Department of Revenue. The deadline to submit the free cash certification application is
September 15, 2011.
2. Report Community Preservation Fund Balance – In progress. Similar to free cash, the Department
of Revenue has released the schedule for towns to report their community preservation fund
balance. The report is due to the Department of Revenue on October 31, 2011.
3. Deadline for Appealing Commissioner’s Pipeline Valuations to ATB - Complete. The town is not
appealing at this time.
Abrahams Implementation Plan
In 2008, the Town contracted with the Abrahams Group to provide an organizational review of the
Finance Department. Within the report were thirty-six recommendations to improve the organizational
structure of the department. As of July 31, 2011; twenty or 55.6% of the recommendations have
been implemented; with an additional ten or 27.7% in progress.
Action Taken Since July 1, 2011:
1. Recommendation #16: Decentralize cash receipt entry. In progress. Phase I and II are up and
operational. Phase III of the implementation is scheduled for completion at the end of August.
Phase I includes the Airport, Police Department, Fire Department, Planning Department,
Wannacomet Water, Siasconset Water and the Community School
Phase II includes Code Enforcement, Public Works, Our Island Home, Visitor Services, and
the Marine Department
Page 3 of 3
Phase II includes Human Services, Town Clerk, Town and County Administration, School
Departments, County Registry of Deeds, and the Tax Collectors office.
2. Recommendation #35: Assistant Treasurer Function. In progress. The remaining task is to
remove all cash receipt posting authority to the general ledger. The completion target date is
August 30, 2011.
If you have any questions or concerns regarding our progress to date or future deadlines, please don’t
hesitate to let us know.
Combined Status of Management Letter, Abrahams Implementation, and Department of Revenue ScheduleJuly 28, 2011Rec. #Fundamental Purpose/ObjectiveDate DueAccomplishedCommentResponsible for Performing Task's) Responsible for Follow UpPartially AccomplishedNot AccomplishedDOR Schedule1Mail Annual Preliminary Tax Bills Tax Collector Finance Director 7/1/2010N/ATown on Semi-annual tax bills until FY2013DOR Schedule2Certification Date for Free Cash Town Accountant Finance Director 7/15/2010√DOR Schedule3Report Community Preservation Fund Balance Town Accountant Finance Director 7/15/2010√DOR Schedule4Certification Date for Excess and Deficiency (E&D) Fund School Business Officers Superintendent 7/15/2010 N/ADOR Schedule5Deadline for Appealing Commissioner's Pipeline Valuations to ATB Assessor Finance Director 7/15/2010√NOT APPEALINGManagement Letter1b. Cash ReconciliationsTreasurer / Assistant Treasurer / Town Accountant / Accounting Clerk Acting Finance Director(s) 7/21/2011√County Complete; Town waiting on May Cashbook.Management Letter9General Ledger Maintenance and Reconciliations for CountyAssistant Finance Director / Town Accountant Acting Finance Director(s) 7/21/2011√CompleteManagement Letter10Receivable ReconciliationsStaff Accountant / Town Accountant / OIH Administrator / DPW Acting Director Acting Finance Director(s) 7/21/2011√May not complete; June in progress.Management Letter1d. Enterprise FundsTreasurer / Airport Accountant / Water AccountantActing Finance Director(s) / Airport Manager / Water Manager 7/21/2011√In progress Management Letter1g. Enterprise Fund Inter-fund TransfersTown Accountant / Assistant Finance Director Acting Finance Director(s) 7/21/2011√May CompleteAbraham's Implementation16 b.Decentralize cash receipts data entry into Munis to departmentsDepartment Heads / Assistant Finance Director Town Manager7/31/2011√Scheduled 2nd team training and implementation in July (Includes: Code Enforcement, Public Works, OIH, Visitor Services, and Marine Department.)8/8/2011
MEMO
TO: Town Manager
FROM: Traffic Safety Work Group
DATE: August 3, 2011
RE: Jefferson Avenue Accessible Parking Spaces
The Traffic Safety Work Group reviewed a request for a second accessible
parking space near the Galley Beach on Jefferson Avenue. Following a site visit,
Traffic Safety recommends designating two accessible spaces to be located on
the right side of Jefferson Avenue at the end, one behind the other, with a space
in between them to allow access to a gate entrance to the cottages.