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Home My WebLink About085-05 TOWN .OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: JOn i.JO( II , 200G To: Parties in Interest and Others concerned with the ..-DeCrsion6f the BOARD OF APPEALS in the Application of the following: .. Of?S-~O S- ApplIcatIon No.: Owner/Applicant: ~-ene -GbrenT Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing an complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the com~laint and certified copy of the necision must be given to the Town Clerk so as to be received within such TWENTY (20) days. cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. ZONING BOARD OF APPEALS ] EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 Map 44 Parcel 7.2 LUG-3 139 Polpis Road Lot 13, L.C. Plan No. 10999-F Certificate of Title No, 15965 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals on Friday, December 9, 2005, at 1 :00 p.m., having been continued without opening from the November 18, 2005 public hearing, in the Conference Room of the Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board made the following Decision on the Application (085-05) of IRENE PARENT c/o 616 Indian Field Road, Greenwich, Connecticut 06830. 2. Applicant is seeking reliefby VARIANCE under Nantucket Zoning By-Law Section 139-16A (Intensity Regulations - minimum lot size, ground cover ratio, frontage). Applicant is seeking VARIANCE relief to validate the lot as separately marketable and buildable from all adjacent parcels, specifically the lot located at 137 Polpis Road shown as Lot 11, Land Court Plan No. 10999-F at the Nantucket Registry District, Assessor's Map 44, Parcel 7.1, and to cure the "merger" of the two (2) lots. The subject lot is currently vacant. Applicant is proposing a limitation of one dwelling unit per lot. The Locus is nonconforming as to lot size with the lot having an area of about 53,143 square feet oflot area in a zoning district that requires a minimum lot size of 120,000 square feet, and as to frontage, with the lot having about 120 feet of frontage along Polpis Road, in a zoning district that requires a minimum of 200 feet The Premises is located at 139 POLPIS ROAD, Assessor's Map 44, Parcel 7.2, Land Court Plan No. 10999-F, Lot 12. The property is zoned Limited-Use-General-3. 3. Our Decision is based upon the Application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board made no recommendations, fmding that the Application did not present any issues of planning concern. One abutter, Dr. Owen Pickus, wrote to the Board and requested a continuance of the initial November 18, 2005 date to obtain further information, which was accommodated by the Board and the Applicant. Another abutter, Pamela Farkas, through her counsel, Arthur Reade, spoke in favor of the requested relief as an agreement had been reached specifying a no-build area on the Applicant's lot. The Nantucket Land Council, while not an abutter to the Locus, opposed the Application at the public hearing and submitted a letter stating its concerns. 4. The Applicant, through counsel, stated that the Locus had an area of approximately 1.22 acres and contained significant wetland resource areas. Applicant has owned the subject property since 1993. From October 9, 1993 until August 15,2000, Applicant also owned the immediately abutting property located at 137 Polpis Road shown as Lot lIon Land Court plan No. 10999-F at the Nantucket Registry District; Nantucket Assessor's Map 44, Parcel 7.1 a reduced copy of which is attached here to as Exhibit A. At the November 13, 1990 Nantucket Special Town Meeting, the zoning district for the Locus and the abutting lot was changed from LUG-l with a 40,000 square foot minimum lot size requirement) to LUG-3 (with a 120,000 square-foot minimum lot size requirement), subject to an amendment that allowed all lots in the district in existence as of November 15, 1990 to have the benefit of LUG-l Intensity Regulations in perpetuity. Both Parent lots existed prior to November 15, 1990 and conformed to LUG-l Intensity Regulations, and were protected by said 1990 amendment. In 1995, at the Nantucket Annual Town Meeting, it was voted to rescind this LUG-l Intensity Regulation Benefit Amendment, effective January 1, 2000. Irene Parent held both lots in "common ownership" until August 15, 2000, 8 Y2 months after the effective rescission of the L U G-l Intensity Benefit Amendment on January 1, 2000 and thus the lots were arguably merged as one lot was vacant at the time. Applicants argued that this was not a situation whereupon new lots would be created. The Board was being asked to validate existing lots as separate from each other due to a zoning change that adversely affected them. 5. The Applicant was now seeking relief by Variance pursuant to Section 139-16A of the Zoning By-law to cure the "merger" of the Locus with the abutting lot so as to validate each property as a separately marketable and buildable lot on the condition that each lot would be limited to one (1) single-family dwelling. The Applicant, through counsel, stated there were significant wetland resource areas on the locus which has limited buildability and is unique in size and shape, compared to other lots in the LUG-3 zoning district. The abutting lot was also adversely affected by wetland resource areas and had limited buildability. The Applicant is an elderly woman who would suffer a significant financial hardship if the Variance was to be denied. Moreover, if both lots were "merged" into one lot, the Applicant could construct a secondary dwelling. Limiting each lot to one dwelling unit would result in the same number of dwellings. There is an existing septic system on the lot. 6. Based on the foregoing, the Board finds that Variance relief is warranted in this case owing to circumstances related to the location and extent of the wetland soil conditions and the wetland resource areas on the lot, the size and shape of the lot, and the existing dwelling on the lot, all constituting unique circumstances that relate to the topography, configuration especially affecting the lot and structure but not affecting generally the zoning district in which it is located. The Board also notes that the lots were valid, separate lots at one point and this situation could be distinguished from other situations where lots had no separate history or title and Applicants were seeking a new subdivision of property. The Board also finds that the proposed limitation of one single-family dwelling unit on the locus, and the abutting lot, would result in a total of two dwellings, which would be the result if the lots were forced to be merged. In addition, the Board finds that Irene Parent's common ownership of both lots for a period of 8 Y2 months after the effective termination of the LUG-l Intensity Regulation Benefit Amendment on January 1,2000 was fleeting and inadvertent and that a literal enforcement of the provisions of this chapter would cause the Applicant to suffer a significant financial hardship if both lots "merged" into a single building lot, particularly as the lots were no longer held in common ownership, 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 the By-law. A grant of relief would be equitable and in keeping with similar relief the Board had granted for situations where there had been a momentary merger of what were once separately marketable and buildable lots. 7. Accordingly, the Board of Appeals, by a vote four in favor (Toole, Murphy, Wiley, Koseatac) and one opposed (Waine), GRANTS the requested relief by V ARlANCE under Nantucket Zoning By-law Section 139-16A to validate the lot as a separately marketable and buildable lot, separate and independent from all adjacent parcels, specifically the lot located at 139 Polpis Road shown as Lot 12 on Land Court Plan No. 10999-F at the Nantucket Registry District, on the following conditions: 2 (085-05) a. The lot shall be limited to one single-family dwelling; and b. Dated: !1~f'llfCft1-.lL, 200' \ ~ ,) ; A ,,~-; J I \ "7~ ~,~i Edward Toole ~c Edw3J Murphy --/ / / / L..J 3 cex~. ft- # ' SUBDIVISION PLAN OF LAND IN NANTUCKET I0999F Michael S. Bachman, Surveyor July 23, 1979 <. c: ~ . ....~ ~"9' / / I~ --. ~ ., .. 9 ~ ~ lb \ ~ .~ \ j \ --- , "- -""""""2 I / / .--/ I ' LC. No. l0999C Cerl. No. 7287 Subdivision of Lot ~ Shown on Plan l099~ Filed with Cert. of Title No. 2815 Registry District of Nantucket County Separitt ctrtificatts of title may he issued for land BySliown htreon iJSLDtJJ...l2tw1.1Juu__ _____h__U____ the COlIrt. a.w ~1. of plM LAND REGISTRATION OFFICE -DEC.6,/9'/9_ Sale tfthis'pfIfI 80 1M tD BII inch R.L. WHdWry, fngiMrrfOrCouft R {)a.li../.Ji?.!L Au__ 8 h7'~F -- eo - - i'iico;:di;. t7 POnD LCB-$-3. 2500-0f.1I TOWN OF NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1:00 P.M., FRIDAY, NOVEMBER 4, 2005, IN THE CONFERENCE ROOM, TOWN ANNEX BillLDING, 37 Washington Street, Nantucket, Massachusetts, on the Application of the following: IRENE PARENT BOARD OF APPEALS FILE NO. 085-05 Applicant is seeking reliefby VARIANCE under Nantucket Zoning By-law Section 139-16A (Intensity regulations - minimum lot size, ground cover ratio, frontage). Applicant is seeking relief to validate the lot as separately marketable and buildable from all adjacent parcels, specifically the lot shown as 137 Polpis Road, Assessor's Map 44, Parcel 7.1, to cure a merger of the two lots. The subject lot is currently vacant. Applicant is proposing a limitation of one dwelling unit per lot. The Locus is nonconforming as to lot size with the lot having an area of about 53,143 square feet of lot area, in a district that requires a minimum lot size of 120,000 square feet; and as to frontage, with the lot having about 120 feet of frontage along Polpis Road, in a district that requires a minimum of 200 feet. The Premises is located at 139 POLPIS ROAD, Assessor's Map 44, Parcel 7.2, Land Court Plan 10999-F, Lot 12. The pro rty is zoned Limit -Use-General-3. THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO.og-X--dS- FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Irene Parent Mailing address: c/o Peter Parent, 616 Indian Field Road, Greenwich, CT 06830 Applicant's name(s): same Mailing address: same Locus address: 139 PolPis Road Land Court Plan/Plan Book & Page/Plan File No.: 10999-F Date lot acquired:l!Llm.Jm.j)eed Ref.lCert. of Title: 15965 Uses on Lot - Commercial: N one Yes (describe) Residential: Number of dwellingsvacantDuplex Assessor's Map/Parcel: 44-7.2 Lot No.: 12 Zoning District: LUG-3 Apartments Rental Rooms Building Date(s): All pre-date 7/72? Building Permit Nos: Previous Zoning Board Application Nos.: State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: C of O(s)? or The Applicant seeks a Variance to Section 139-32 of the By-Law to cure the "merger" of the locus with the property located at 137 Polpj:s Road, Map 44, Parcel 7.1 and ~o validate the locus as a separate, buildable lot subject to LUG-3 intensity regulat~ons. See Addendum "A". , ) 'cant roof of agency to bring this FO ZB OFFICE USE Application received on: 101jjJO:I By: Complete: Need copies?: Filed with Town clerk:-lDflJo/" PlalHliRg-Buard: 1-1_ Buildillg Deve:::: I~BY: Fee deposited with Town Treasurer:-P.tl.IO.f BY~WaiVer requ~sted?: Granted:_I_I_ Hearing notice posted with Town Clerk:LCt.dll21 Mailed:jo.fl/-ill I&M:j{) dJ;OJ/& (01 '"")710)-- Hearing(s) held on:_I_I_ Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_/~_ DECISION DUE BY :_1_1_ Made: ~ _I_Filed w/Town Clerk:_1 _I_Mailed: ~ _1_ DECISION APPEALED?:~ _1_ SUPERIOR COURT: LAND COURT Form 4/03/03 I certify that the information contained herei is substantially complete and true to the best of my knowledge, under the pains and penalti perj Irene Parent SIGNATURE:By her Attorney (Unot owner or owner's attorney, p AttorneY/Agent1 atter before the Board) ADDENDUM "A" IRENE PARENT 139 POLPIS ROAD MAP 44, PARCEL 7.2 Applicant, Irene Parent, owns the vacant land located at 139 Polpis Road, Nantucket, Massachusetts shown as Lot 12 on Land court Plan No. 10999-F at the Nantucket Registry District (hereinafter "Parent Property"). The Parent Property has an area of approximately 1.22 acres (53,143 sq. ft.) and includes wetland resource areas. The Parent Property is located in the LUG-3 District but does not conform to LUG-3 Intensity Regulations for minimum lot area (120,000 sq. ft.) and minimum frontage (200 feet). The Parent Property has an area of approximately 53,143 square feet and 120 feet of frontage along Polpis Road. By way of background, Irene Parent has owned the Parent Property since 1993. From October 9, 1993 until August 15,2000, Irene Parent also owned the abutting property located at 137 Polpis Road (hereinafter "Trust Property"). The abutting Trust Property is non-conforming as to LUG-3 minimum lot size requirements, minimum frontage requirements, and maximum ground cover ratio requirements. The Trust Property has an area of approximately 51,046 square feet, frontage of 130 feet, and existing ground cover of2,213 square feet (4.33%). At the November 13, 1990 Special Town Meeting, the Zoning District for these Properties was changed from LUG-l to LUG-3, subject to an amendment that allowed all lots in the district in existence as of November 15, 1990 to have the benefit of LUG-l Intensity Regulations. Both Properties conformed to LUG-l Intensity Regulations and had the benefit of this 1990 amendment. In 1995, the Annual Town Meeting voted to rescind this LUG-l Intensity Regulation benefit, effective January 1,2000. Both Properties at issue were held in common ownership by Irene Parent until August 15,2000, 8 ~ months after the effective rescission of the LUG-1 Intensity Regulation benefit on January 1, 2000. Irene Parent seeks a Variance pursuant to Section 139-32 of the By Law to cure the "merger" of the Trust Property with the Parent Property so as to validate each Property as a separate, marketable lot on the condition that each Property is limited to one (1) dwelling. A Variance is warranted in this case because there are unique circumstances relating to the topography of the Properties, a literal enforcement of the By Law would involve a significant financial hardship for Irene Parent and the Trust, and granting a Variance in this case would not undermine the intent and purpose of the By Law. Specifically, the Parent Property is adversely affected by wetlands and has limited buildability. \The Trust Property also includes a significant wetland resource area (Pond) and is subject to the provisions of Nantucket Conservation Commission Order of Conditions No. NAN-O 15 and a Determination of Applicability issued by the Commission. The fifty (50') foot wetland buffer zone affecting the Trust Property precludes any significant expansion of the existing dwelling. Moreover, the existing ground cover of this dwelling exceeds the maximum allowable ground cover allowed in the LUG-3 District (3%) sot the existing ground cover of the dwelling may not be expanded without further zoning relief. Both Properties are unique in size and shape compared to other properties in the LUG-3 District. Further, limiting each Property to no more than one (1) dwelling effectively preserves the status quo and does not undermine the intent and purpose of the By Law. If the Properties are merged into one (1) lot, two (2) dwellings (primary and secondary) are allowed on the newly configured single lot. As a practical matter, the intensity of use of the Properties does not change whether they are deemed one (1) "merged' lot, or preserved as two (2) separate lots. No more than two (2) dwellings are allowed in either situation. Irene Parent is an elderly woman who will suffer a significant financial hardship if Variance relief is denied in this case. Irene Parent, therefore, asks the Board to grant the Variance for the above reasons ,1' ~O~~C. ~ ... SOUTH .... ft ...?.. j . ..==J ~ ~.. Set Scale 1 in. = ~9 Use of this facility is dependent upon acceptance and understanding of Use Conditions al Gt (,,) - z -+ 0 :) ::> -+- 0 ~ z '\ -c ~ :2 ~ ::J . <t ~ ;= . II <t: .- ::I: (f) " " .CS I . ,.. t - ~ ~ to fQ J- It! c,) fI- ~ - '" <Pi JE i~ !o ~Ftt ~~ Ii \aI III ::) _ ~0 0 g z .... !ig c z J 'f( ~ ~. , . ....tn / , / , . '. . .. . . . ...... , .' J .( +\8 · C' . cr .. - .-.. , .' - . . . / ~ I '" ~ ~ ! ~ r;r... ('f\ ...... f ~ ~ -3 t ~ i 06.:..0 ~!6 Iv _. u. QUITCLAIM DEED We, J. Michael Frascati and Florence C. Frascati, husband and wife, both of 250 Kelbourne Avenue, No. Tarrytown, NY 10591, in consideration of $ 135,000 paid GRANT TO Irene Parent of 137 Polpis Road, Nantucket, MA 02554 WITH QUITCLAIM COVENANTS a certain parcel of land situated in th~ Town and Cou~ty of Nantucket, Commonwealth of Massachusetts, shown as Lot , nL-ana- Court' PTari--No-~' l0999-F dated -23--J'uly'I9T9'-6jr ~t ~S. Bachman, Surveyor, which plan is filed with Nantucket Registry District of Land Court with Certificate of Title No. 9427, bounded and described as follows: Northerly by Polpis Road, 120 feet; Easterly by Lot 13 as shown on said plan by two lines, 200 feet and 217.26 feet respectively; Southerly by land shown on LC Plan 10999-C, 210.51 feet; and Westerly by Lot 11 as shown on said plan by two lines, 121.45 feet and 260 feet respectively. This conveyance is made subject to and with the benefit of the easements and related covenants recited in certificate No. 15196 and subject to an order of taking for Polpis Road dated 10 October 1946 and registered as Doc. No. 4559. EXECUTED UNDER SEAL THIS ?z\A Y OF OCTOBER 1993 1fl1. ~ (j /) ~ /----- , .i;~~' t. .--- . Michael Frascati C. E STATE OF NEW YORK ~ October 1993 Westchester, ss --~~ .._-.~.----~.~,...~-~ )(. Then personally appeared the above-named J. Michael Frascati and Florence C. Frascati and acknowledged the foregoing as their free act a~ed beforeAe, ~~, /./)0/1 L (( ../ i/,')./ ;-,//1ll/A:~ .-j NOTARY PUBLIC Ml, commission expires: (1)~3J L9?!5 E~IE MOTEN Notary Public. State of New York .No.60-4513329 . Qualified in Westchester County CommiS!iion Expires Octaber ~ " 1973 550 7A i} rt008; 56 E~(CISE _ Tp~ N: HIS REG.16 .... NANTUCtc.:T' ~...__. ..-1.~- ~'.n:'3:,... .. ..... .1.1 ."i ~ _'_.__'_ ?-:O(..:_~<}~~ ,.-.. -. .:.-::::-=:::--=~~":=:':~'';.~ 10." ... -.,. ... ' '--', .. __n.. _ 0.' .",.., - ~ , , ,-,,_....... .-. .. -....-. .. . - _n _ _. _.... . ~I 7o~ tOt::? . TAX ~15~'60 CA'SH-- _.61;5. 60 t I OLf7 tol/$/13 ..-{ t>I~A.. . tl)t ~ Q fj o d z t- Z W ~- :;:) () o a CD ~ o N ~ o ~ .k! ./: .~ ~- .Q: I 'E eel til j- -~_/ z:: \~ ~\ ~,~\ ~ ~L, - z ." an w lj!'-ll ill W ,~~ a: d Iii: ,~ ~ ...---. O~' ~ u Cf.) ::E _ .. I; ;;;" g; "" Z ~ ~t- 0 ,.,,,",~ d~ ,.( "'.... ~ 0 J ~ ." tr' C" Z 8 ~ .~.. c::l w" ,,'I U '" 8 ~ O _~ > ,- .-'- cr: Z <D <:[ O Yo _ t3;~UJ<<l:?-lfG ~ UJ z-1-1- c..-,-=> ..,.... 0"1 0"'" ,,~~ UJ fa8~ !!'-~~ a: b cc a: 1:8 ~ 1]j 'Z :z I- ,~~ 2 - ~* ;; FORM G Book 86 Page 48 ~rantiftr €ertificatt of ~itlr. No. 15,965 From Transfer Certificate No. 15,196 , Originally Registered February 26th, 1992 ,in Registration Book 81 Page 129 for the Registry District of Nantucket County. l!tbi~ i~ to Certifp that IRENE PARENT 137 Polpis Road, of Nantucket in the County of Nantucket and Commonwealth of Massachusetts, 02554 maaiedxn is the owner in fee simple of that certain parcel of land situate in Nantucket in the County of Nantucket and said Commonwealth, bounded and described as follows: Lot number 12 as shown on Land Court Plan No. 10999-F, drawn by Michael S. Bachman, Surveyor, dated July 23, 1979, and filed with Certificate of Title No. 9427 at the Registry District of Nantucket County. Said Lot 12 has the benefit of the easement over Lots 12 and 13 as shown on plan attached to Document No. 27259, of Michael S. Bachman, Registered Land Surveyor, entitled "Plot Plan Showing Easement to Run in Favor of Lots 11 and 12 for Ingress and Egress" (herein- after Easement Plan). The said easement shall run in favor of Lots 11, 12 and 13 and shall be for the purpose of ingress and egress for vehicular and pedestrian traffic to and from Polpis Road, for the installation of utilities, and for drainage; provided, however, that upon any construction or repair of said easement, it shall be restored to its natural surface. With respect to the said easement, the owners for themselves, their heirs, successors, and assigns, agree and covenant as follows: 1. These covenants shall run with the land and shall be applicable to the owners, their heirs, successors, and assigns. 2. The easement as shown on said Easement Plan and shall be used exclusively for residential purposes so long as any of Lots 11, 12 or 13 as shown on said plan shall be limited to residential use under the zoning laws or ordinances of the Town of Nantucket. 3. The owners, their heirs, successors, and assigns of Lots 11, 12 and 13 as shown on said Plan No. 10999-F covenant and agree, each with the other, to join in, cooperate in, and to sign any and all documents or agreements necessary to facilitate the initial con- struction, and continued repair and the maintenance of said easement. 4. The covenants and agreements recited herein shall be binding on the heirs, successors, and assigns of the owners of Lots 11, 12 and 13 as shown on Plan No. 10999-F and each owner of Lot 11, 12 and 13 for himself, his heirs, successors and assigns, shall include these covenants and agreements in a description of the easement and all subsequent deeds and mortgages to said Lots 11, 12 and 13. And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said IRENE PARENT to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting, and subject also ilk as aforesaid. ROBERT V. CAUCHON, WITNESS, ~, Esquire, Judge of the Land Court, at Nantucket in the County of Nantucket the fifteenth day of October in the year nineteen hundred minutes in the after noon. and o'clock and thirty-seven ninety-three at three Attest. with the Seal of said Court, ~1k1.~~ ./ Assistant Recorder. Land Court Case No. 10999 Document No. 62036 I I f I 'I) I -.9 <J '-D- III =c U - I .... - ... . III U '" - '" :z:: 0 ... ~ Z z - 0 Q fi.j III all - . U '" III '" Q 0 Q ~ < Z Q I ~ ... III .. :z:: 0 ... ~ Q Z 0 '" III U Z " ~ ~ " . ~ all .~ ::) U Z III .. c .... " 0 c I ~ .. -c ~ Q i z ~ ;; 0 II ~ i:2 ~I ~! ~! I \.() I ...9 w I <s- f.) \..n- ~ III a =c u - I u. I - == III U fa .,. ~~ - :I: ~~ ... Z ~~ - oo~ Q rn III ~ m - ~ u z .,. o :Ii III ~~ = Q Q ~rn Q- Z ~ :~"''; eo..::t u lIC( :&~o I I~ ", ~i o ~ --l " . ~ ~~ '" <J '" .. :I: ~r: ~.; "'- riA ... l=>~ '" <J ral ~o Z 0 ~ 0.. .,. ~ '" III :.: H U en '" ion Z :!l ~ = -g lIC( ~ 0 ~ all: <>:: en m " H .... 0.. ~ P. ... ri 0 0 0.. 0.. U Z '" III 0 II. !5 0 ~ I 1i1 ~ I z ~ 0 of I II ~ oed lOR. 'er. 1.1901.03 .. OUITCIAIM DEED I, IRENE PARENT, of5260 South Landings Drive, No. 1105, Fort Meyers, Florida 33919, in consideration of an intra-family transfer for estate planning plUposes, grant to PETER A. PARENT, Trustee of the IRENE PARENT QUALIFIED PERSONAL RESIDENCE TRUST, of616 Indian Field Road, Greenwich, Connecticut 06830, an undivided one halfinterest WIth Quitclaim covenants, in The improved land in Nantucket County, Commonwealth of Massachusetts, located at 137 Polpis Road and descnoed as follows: NORTHERLY by Polpis Road, one hundred thirty (130.00) feet; two hundred sixty (260.00) feet; EASTERLY NORTHEASTERLY one hundred twenty-one and 451100 (121.45) feet, by Lot 12 on plan hereinafter mentioned; SOUTHERLY one hundred ninety (190.00) feet; and WESTERLY three hundred seventy-two and 82/100 (372.82) feet, by Lot 9 as shown on said plan. All of said boundaries are determined by the Court to be located as shown upon plan numbered 10999-F, drawn by Michael S. Bachman, Surveyor, dated July 23, 1979, and filed with Certificate of Title No. 9427 at the Registry District of Nantucket County. Said land is shown thereon as Lot 11. For my title see Certificate of Title No. 15,047 on file at the Nantucket Registry District of the Land Court. 090103 TN WITNESS my hand and seal this )S - day of August, 2000. ~~ Irene Parent Nantucket, ss. COMMONWEALTH OF MASSACHUSETIS August;5 . 2000 Then personally appeared the above named Irene Parent and acknowledged that the foregomg DJstrommt is her ~.ct an;;;; _ . ~ ~ NOmry~ 0IJf My Commission expires: Itf kJ IS, ~ , (jah)PARENr 1deed5.j.OO NANTUCKET LAND BANK CERTIFICATE ~ PaId $------- I ~ E~r:mpl_____1'J I I 0 Non':ll:p~licabl(}_ 1~f2~.'lG l;hr;fi~~~I-,-. n. I ~ c ,.. o OJ ,- .... . o Z ~ ~ o (jJ ,.. .... .. ~~~ ~ I .....v ~ ~ ~olli I- ~ a: U E!2:<. .$ I- E r w~_ I .; ~ ~ ,J ~n ~I i tQ C\1 a: ~ (.) UJ 1'& a: :M: d a:~ -~ IN 0 (J :z ~~a: g, ~ CJ .11. 9 I!! g rs ~ ~ w!J .v...:::> ,,~ z li: ~ P 0\ <: 0 0 ~ ~ffi< ;:0; g; ~ 1&.1, ffi ~~ ~ a: ~ > 0 ~z ~ ~ ~ w a ~c2 ~ ~ ~ 0 fa wt- ~ ro W ""0:: ~<O g; . i ~ ... ;: ~ ~ F I 00029;' 095299 OUlTCLAIM DEED I, IRENE PARENT, of5260 South Landings Drive, No. 1105, Fort Myers, Florida 33919, for non-monetary consideration and in consideration ofan intra-family transfer for estate planning purposes, grant to JAMES 1. CURTIN, JR. of 5260 South Landings Drive No. 1105, Fort Myers, Florida 33919, my undivided one half interest as a tenant in common With Quitclaim covenants, in The improved land in Nantucket County, Commonwealth of Massachusetts, located at 137 Polpis Road and described and bounded as follows: NORTHERLY by Polpis Road, one hundred thirty (130.00) feet; EASTERLY two hundred sixty (260.00) feet; NORTIffiASTERLY one hundred twenty-one and 45/100 (121.45) feet, by Lot 12 on plan hereinafter mentioned; SOUTHERLY one hundred ninety (190.00) feet; and WESTERLY three hundred seventy-two and 82/1 00 (372.82) feet, by Lot 9 as shown on said plan, All of said boundaries are detennined by the Land Court to be located as shown upon Land Court Plan 10999-F, drawn by Michael S, Bachman, Surveyor, dated July 23, 1979, and filed with Certificate of Title No.. 9427 at the Registry District of Nantucket County. Said land is shown thereon~" For my title see Certificate of Title No. 19,573 on file at the Nantucket Registry District of the Land Court. . , .. 00030C 095299 -or WITNESS my hand and seal this 2-,\ day of November, 2001. ~--p~ Irene Parent STATE OF FLORIDA .-/' /-"<dLNJA , 55. November ~ 2001 , ~E ~U.P/y Then personally appeared the above named Irene Parent who ~nally kno~ to me or did produce ( drivers license) as identification and acknowledged that the foregoing instrument is her free act and deed, before me, 4~4~ My Commission expires: PARENT/deed 1 ~"--NANTUCK. ET -j "^.'N. 'D~ ...--.-...... '~E .... .. . B4~\'~ .~ FlTf..-I'" r" o Paid $ . c.o., :0 . Exemp;~~~~..:c:- --.----! o Non'al'p'j.__~. '---'--'; , 'l"~lE(".."'_. -i No. ~-;-~~-~ -i. i AlIthO'E."!,~ .' .. tJ002!)r. g'J ~ en o ci z ....... c Q) E 8 c O"J ~ Z :I ~ # ~~ In .!9 0') ~ - ffl_ In e .... A .. C) !~ .... C) . ~c-..s 0 U1 ~ (0 :z b.l ,... C\I ...... "u ~ c: p ~w Q) ~Cl o ~ E .;,.;. w 9 :::J ~ > () - b 8 ~~ 0 '. ~ 066493 DEQE File No. LfiAl~ - 0 IS (To be provided by OEOE) - - ,. CeRUIMR,...aa1th or ManaahHsB1t1 cityrrown Nantucket Parent Applicant Order of Conditions issued under the Ma!8aGhusetts 'NdlaRds rreteetieA Aet (G. L 0.131, Soe. .~ SR9 tho Nantucket Wetlands Bylaw (Chapter 136) FROM THE NANTUCKET CONSERVATION COMMISSION To: Irene Parent SAME (Name of Applicant) (Name of property owner) Address 137 Pol pis Road This Order is issued as follows: CJ by hand delivery to applicant or representative on Address (date) ~ by certified mail, return receipt requested on This project is located at 137 Polpis Road (Address) October 28, 1994 (date) 44 (Assessor's Map #) 7.1 (Parcel #) The property is recorded at the Registry of Nantucket Book Page Certificate (if registered) 1')047 I Land Court Plan: LC Plan 10999-F The Notice of Intent for this project was filed on 8/8/94 9/27/94 (date) (date) The public hearing was closed on .." Findings The Nantucket Conservation Commission has reviewed the above-referenced Notice of -'ntent and plans and has held a public hearing on the project. Based on the Information available to the Commission at this time. the Commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act and/or the Bylaw (checked as appropriate): U Public water supply 0 Flood Control n Land containing shellfish ~ Private water supply )(J Storm damage protection 0 Fisheries ):J Ground Water supply J?!f Prevention of pollution ~ Protection of Wildlife habitat (Act) ~ Erosion control (Bylaw) n Recreation (Bylaw) Pt Wildlife (Bylaw) r:::: Wetland scenic views (Bylaw) Total Filing Fee Submitted Cityff own Share Total Refund Due $ $25.00 State Share (1/2 fee in excess of $25) State Portion $ (1/2 total) CltylTown Portion $ (1/2 total) 5-1 Effective 11/1 0/92 0664sa , Therefore, the Nantucket Conservation Commision hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those interests checked above. The Commission orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. , General Conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by./aws or regulations. 4. The work authorized hereunder shall be eompleted wUhin three years from the date of this Order unless either of the following apply; (a) the work is a mainenance dredging project as provided for in the Act; or (b) the time for completion has been extended to a specific date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5, This Order may be extended by the issuing authority for no more than two periods of one year each upon application to the issuing authority at least 30 days p~ior to th~ ~?<piration date of the Order. 6. Any fill used in connection with this project shall be clean fill. containing no trash, refuse, rubbish or debris. including but not limited to lumber. bricks, plaster, wire. lath, paper, cardboard, pipe, tires, ashes, refrigerators. motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of deeds or the Land Court for the district In which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land. the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the Commission of the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, -Ma33ftehtl3ctts Departmt"t of Enviro"""e"tal Preteetio". File Number' ." . }lPi~ NAIY- 0/5' 10. Where the Department of Environmental Protection is required to make a determination and to Issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 5-2 ... . "A 066493 , . " . . .. " , \.., ~.. ,. . , "e,. ~ ~ c. ... ~ , ...,...... r - -. ... .... .. .... 12. The work shall conform to the following plans and special-conditions: SE48- :lIJ>>~uo7S' Plans: ~ ~ Signed and Stamped by On File with Sketch plan rec~d 9/2794 .. ..-- , . ~ The COllll!lusiOn'::. .~ . . The- CQmmissian Proposed Pond-access, clearing, fill dated 12/30/92 Pond section dated 8/17/94 The Commission ATTENTION: SPECIAL CONDITIONS 1. Any changes intended to be made in the most recent plans listed above or in methods described in the Notice of Intent shall require the applicant to inquire of the Conservation Commission, in writing, as to whether the desired change is substantial enough to require filing of a new Notice of Intent. No changes are allowed unless authorized in advance, in writing, by the Commission. 2. This project is approved, contingent upon approval by the Health Inspector when required by law, as specified by the Notice of Intent and all attaschments, the most recent plans cited above, and the general and speCial conditions in this document. However, if there is a conflict between this Order and the application or plans, this Order shall prevail. ADDITONAL SPECIAL CONDITION ATTACHED Xves nNo 5-4A 066493 , Issued by the Nantucket Conservation Commission .." Signature( s) This Order must be signed by a majority of the Conservation Commission. o~?~s... ht 3~ day of 0 ~61 r 19 ~, before me personally ~ ,,;. ..."" t.. ."... .app~~ '..thEf~bove Commissioners ,to me known to be the persons described in, and who .~:e~ecutag,_lbe for~iog instrument, and acknowledged that they executed the same as their free act and .~~ d~~(r:''-:>-i~) J ~ j ~ ~ '. -::- -'t. (7) "~/,~~c) .' ~ \3 i \CC96 My commission expires The applicant, the~oWner, any person aggrieved by this Determination. any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located. are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Order, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mall or hand delivery to the Conservation Commission and the applicant. Copy the Order and submit to the Nantucket Conservation Commission prior to commencement of work. .........11............................................................................................................................................................... To The Nantucket Conservation Commission Please be advised that the Order of Conditions fO( the project at Issuing Authority F~e Number has been recorded at the Registry of Nantucket and has been noted In the chain of tlt/e of the affected property in accordance with General Condition 8 on ,19 If recorded land, the Instrument number which identifies this transaction Is If registered land, the document number which Identifies this transacUon Is Signature ApplicanVAgent 5-4A .. .~ 066493 FINDINGS and ADDITIONAL SPECIAL CONDITIONS Irene Parent NANTUCKET FILE NUMBER NAN - 015 ASSESSOR'S MAP 44, PARCEL 07.1 137 Polpis Road UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT ( MGL CHAPTER 131, SECTION 40 ) AND THE WETLANDS BYLAW OF THE TOWN OF NANTUCKET ( CHAPTER 136 ) FINDINGS 1.) Areas subject to protection are vegetated wetland and isolated land subject to flooding, and their buffer zones. . ADDITIONAL SPECIAL CONDITIONS 3. Pursuant to General Condition Number 8, this Order of Conditions must be registered in the Registry of Deeds for N~mtueket and proof of recording shall be submitted to the Commission, prior to commencement of any work approved in this Order. IJ. No work approved under this Order shall take place until all administrative appeal peri()(l" from the Order have elapsed, or, if an appeal has been filed, until all proceedings have been completed. 5. Prior to any activity at the site, siltation fence and a line of haybales shall be staked along the upland edge of the established wetJands boundary, or at. a higher elevation and along the edge of the hrush toward PolpiR Road. After the fenee or haybales are inst.alled, notice shall be given to the Nantucket Conservation Commission. No work shall begin on the site for 48 hours after said notice is given, so as to allow Commission members time to inspect all siltation devices. The snow fence, siltation fenee or hayhale line, erected to prevent siltation, erosion, filling of the wetland, and trap windhlown debris during construction, will also serve as a limit of activity for work crews. It Rhall remain in good repair during all phases of construction, and it shall not be removed until all soils are stabilized and revegetated or until v(~rmission to remove it i,o; given by t.he Commission, 6. An as.built plan, signed and stamped by a registered professional engineer or land surveyor in the Commonwealth of MassachlL."etts and have the same scale as the final approved plans, shall he sl.1hmitt.ed to the Commission at the same time as a written request for a Certificate of Compliance and shall specify how, if at an, the complet.od plan differs from the final approved plan. The as-built plan shall include, but not be limited to, the folloWlllg: any pipe/<:ulvert inverts Ii)r inOow and outfaJls; pipe slope, size Hnd eomposition; location of other drainagp. ~tructures and their c()mpm~ition; limits of fill or alteration; location of all struetures and pavement within 100 feet of wetland; the edgo of the wetland; the grade <:ontours within 100 feet of the wetland. 7. Members, empJoyp.es, and agents of the Commission shan have the right to enter and inspeet the premises to evaluate complianee with the conditions and performance i . .. .. 066493 Additional Special Conditions page 2 ~tandards stated in this Order, the Nantucket Wetlands Bylaw, the Regulations promulgated under the Bylaw, the Massachusetts Wetlands Protection Act, and pertinont Massachusetl.'3 regulations (310 CMH. 10.00 through 10.99). The (',ommission may require the submittal of any data deemed necessary by the Commission for that (w<lluation. 8. The applicant, owners, successors or assignees shall be responsible for maintaining any on-site drainage st.ruetures and outfalls, assuring the lasting integrity of vegetative cover on the site and monitoring site activities so as to prevent erosion, siltation, ~edimentation, chemical cont.amination or other detrimental impact to anyon-site or ofT-site resource area. It shall be the responsihility of the property owner of record to see that the maint.enance conditions are complied with as required by this order. 9. This document shall be included in all construction contract~<; and subcontracts dealing with the work propo8ed .and shall supersede other contract requirements. 10. Used petroleum products from the maintenance of construction equipment, construetion debris, anll unused paint and paint-related products shall be collected and disposed of responsibly off the site. No on-site dispo~ml of these itetp:s is allowed. 11, Dust control. if required, shan be limit.eII to water. No.s~lt,8 or other wetti.ng agents shalll){~ ll~ed. .' 12. Any refuse material found on the site shall be disposed of at an approved landfill and in no case may these materials be huriAd or disposed of in or near a wetland. 13. This Order of Conditions shall apply to any successor in interest or successor in cOntrol of the property. 14. Natural vegetation between the wetland edge and upland edge of the uQ-disiurbed buffer shall be left intact. After construction, any disturhed area within this buffer area and along the aecess route shall be replanted with native plants. 15. To minimize adverse effects on wildlife. the U!:-le of any pesticide or fertili:l.er within the Commission':; jurisdiction is prohibited. W. The use of timber prAssure treat.ed with CCA (c:romated copper arsenate) or its equivalent is permitted. Creosote treated timbers are prohihited. The Commission su~gests the use of non.wooden alternative materials be used in the wetland':.'. The wood preservative must. be dry before the treated wood is used in construction. .J 7. Prior to excavation the contractor shall contact the Commission office to set up a field inspection to discuss location of the siltation measures, limit~q of work, access routes, etc. 18. The aeeess route for machinery and removal of excavated mat.erial~ shall be on the adjacent. property as discU!:lsed during the hearings. ### ~+.~ ~_._~ "( . .,~! ., ~ ... ot ,. ... Ii .. 1 t ~ ~' ~ J ... l .::.., i: .!J ~ f ~ " ~ .. v :x 'f, : ..., .. ~ It ~ I). ~ s::j t~1 , ~. 21 4~~~. \1 ~ "t r c>'-:. <;i *"~<>:'.... .~.~ l.,'l,. }1. ~~ "-""t- w.. ,.. \~ 1\ \~ " . '7'" ~fe19 ":-:::K Ss&""", "\ ~ - 0, y' Y. 01...., t" . <" \ - ..z ___ v- - \ '5 \. ~.. , H \,. . . ' .. : !. '.. - ..)~" .~~ 'I, . \,J ~ ~~ "\ : " ~ .- / .\ ./ - . . - ' .-- .. ~ " <I' I .~ ~ : --- ~ ~ 'l: Cl t{ Q h rJ ..: ojJ , -.l q. ./ + oj :) " \ / :; .1 ,/ _ ,( / ~~ ( / ~-~ ( : ~ i +_: ~. ., ~ " \ .---- " "---. -L ~ ; \--- ~ ~ _ i .-.. ~ -~~~ ~ -- "--. // :V'1/e--_:__ l ' , , : ~ ~ t1)~1 O"'~tll\ ~~r." '.1\. '" l~llJ'.~'ll '<)1/\\\':'<1\'): ", ~~'~~"lt'lt~ '''J'I~ ~); " ~'''''' , " ) / : ~ o :: '~ ~ ..\ , .~ ,I,; '.ri, r{:I. ;, .\i ., ~;' . I ~,I '\'. :; :~r~ \J~ ~ >- ~I~.'t; ~~ i :';;';~. .\1, ': N ......a\'~~ \. .) \...1\' j \N i:;:;i~i :;'.1 . \) ;~. ' ;j~:, ,<' .~~ I ./ ,.ltifi'I~;' '. ~.I',,1'1 "/fI' Ill" (\'.' " . ~1';~j'(l\'}tl"" :~ till:, .\ 'IQI. "'~ '. "'~' 'Ii ~.~~. h :~'l. I.~ ~.it~ '~~I'~~\JS~\\i\\.. ! .\) ..~..L _. f ----- -- .-- . \ .... 0,"'-' ,. .>", : .~r.... .. ~. ""'. ,..., ,- ~lclfOd o? :J (";101M <Iv"'?! , " /. l . ; .~~ .~ -t '..0'. '~" i , .;.{I ..' ~ : if r I . IH t : ~ ,I. I. ;.; r !i :. iI 'I , ~~ o . .. .. ..j f I ,-, ~ . ~ ~ ~. .s ... '2 ~ . i1i '-t 1 I- . ! : I : .. ~ ~ ~ ~ III ~ j ~ U >:l '" ~ J ~ \!l ~ II ... 0 ;. ~ R .,' i:. ~ ~ .. ~ "{ ~ ~. ~i',. " , Town of Nantucket OFFICE OF THE TOWN CLERK Rebecca J. Lohmann Town Clerk 16 Broad Street NANTUCKET, MASSACHUSETTS 02554 (508) 228,7217 April 24, 1995 .TO WHOM IT MAY CONCERN: I, Rebecca J. Lohmann, duly elected Clerk of the Town of Nantucket, hereby certify tha~ the April 10, 1995 ANNUAL TOWN MEETING adopted Article 51 "Zoning Bylaw Amendment: Recision of Amendment Made at November 13, 1990 Special Town Meeting" at the April 11, 1995 adjourned session, as recommended by the Planning Board, as amended once on the floor. AMENDMENT: Amend the Planning Board's recommendation to amend the text of the article by adding the following thereto: liThe effective date of the recision shall be January 1, 2000.11 VOTE: The vote was by voice vote. VOTE: The vote on Article 51, as recommended, as amended was by unanimous voice vote. Rebecca J. Lohmann Town Clerk ATTEST: A TRUE COpy ~ ARTICLE 51 NANTUCKET TOWN CLERK (Zoning Bylaw Amendment: Recision of Amendment Made at November 13, 1990 Special Town Meeting) To see if the Town will vote to rescind the amendment to Article 20 of the 1.1/1.3/~0 Sp~cial Town Meeting which was: "Provided, however that all lots in this dlstnct In eXistence as of November 15, 1990 shall have the benefit of the LUG 1 Intensity Regulations". (John A. Hussey, et al) FINANCE COMMITTEE RECOMMENDATION: We recommend that the T~wn consider the following Planning Board recommendation: PLANNING BOARD RECOMMENDATION: We recommend that the Town vote to adopt Article 51 as written. Town of Nantucket OFFICE OF THE TOWN CLERK Rebecca J. Lohmann Town Clerk 16 Broad Street NANTUCKET, MASSACHUSETTS 02554 (508) 228,7217 April 24, 1995 . TO WHOM IT MAY CONCERN: I, Rebecca J. Lohmann, duly elected Clerk of the Town of Nantucket, hereby certify that the April 10, 1995 ANNUAL TOWN MEETING adopted Article 51 "Zoning Bylaw Amendment: Recision of Amendment Made at November 13, 1990 Special Town Meeting" at the April 11, 1995 adjourned session, as recommended by the Planning Board, as amended once on the floor. AMENDMENT: Amend the Planning Board's recommendation to amend the text of the article by adding the following thereto: "The effective date of the recision shall be January 1, 2000." VOTE: The vote was by voice vote. VOTE: The vote on Article 51, as recommended, as amended was by unanimous voice vote. Rebecca J. Lohmann Town Clerk ATTEST: A TRUE COpy ~~ ARTICLE 51 NANTUCKET TOWN CLERK (Zoning Bylaw Amendment: Recision of Amendment Made . at Nove!'lber 13, 1990 Special Town Meeting) To see If the Town will vote to rescind the amendment to Article 20 of the 1J/1~/9.0 Sp~cial Town Meeting which was: "Provided, however that all lots in this dlstnct In eXistence as of November 15, 1990 shall have the benefrt of the LUG 1 Intensity Regulations". (John A. Hussey, at al) FINANCE COMMITTEE RECOMMENDATION: We recommend that the T~wn consider the following Planning Board recommendation: PLANNING BOARD RECOMMENDATION: We recommend that the Town vote to adopt Article 51 as written. . " . )II{ 11.)1 o ]I '" ,,0)1 ~ ~.. ~ o~ b;, . SOUTH .... ft. ...?.. i c::aj ~ ~.. . I . TRANSFER CERTIFICATE OF TITLE Cert. No. 19573 Docu. No. 90103 From TRANSFER Certificate No. 15047 Originally Registered October 29,1991 in Registration Book 80 Page 131 for the Registry District of Nantucket County. THIS IS TO CERTIFY that PETER A. PARENT, TRUSTEE of the IRENE PARENT QUALIFIED PERSONAL RESIDENCE TRUST uldlt dated 8/1512000 and registered as document # 90102 at the Registry District of Nantucket County, for an undivided one-half (1/2) interest, of 616 INDIAN FIELD ROAD, GREENWICH IN THE STATE OF CONNECTICUT 06830 and IRENE PARENT, for an undivided one-half (1/2) interest, of 5260 SOUTH lANDINGS DRIVE, NO 1105, FORT MEYERS IN THE STATE OF FLORIDA 33919 are the owners in fee simple of that land situated in NANTUCKET in the County of Nantucket and Commoowealthof Massachusetts, bounded and described as follows: NORTHERLY by Polpis Road, one hundred thirty (130.00) feet; two hundred sixty (260.00) feet, and EASTERLY NORTHEASTERLY one hundred twenty-one and 451100 (121.45) feet, by Lot 12 on plan here- maftermentioned;and one hundred ninety (190.00) feet, and three hundred seventy-two and 82/100 (372.82) feet, by Lot 9 as shown on said plan. All of said boundaries are determined by the Court to be located as shown upon plan numbered 10999-F. drawn by Michael S. Bachman, Surveyor, dated July 23, 1979, and filed with Certificate of Title No. 9427 at the Registry District of Nantucket County. Said land is shown thereon as Lot 11. SOUTHERLY WESTERLY Said Lot 11 has the benefit of the easement over Lots 12 and 13 as shown on plan attached to Document No. 27262, of Michael S. Bachman, Registered Land Surveyor. entiUed "Plot Plan Showing easements to Run in Favor or Lots 11 and 12 for Ingress and Egress. (hereinafter Easement Plan). The said easement shaH run in favor of Lots ii, 12 and 13 and shall be for the purposes of ingress and egress for vehicular and pedestrian traffIC to and from PoIpis Road, for the installation of utilities, and for drainage; provided, however, that upon any construction or repair of said easement, it shall be restored to its natural surface. With respect to the said easement, the owners for themselves, their heirs, successors, and assigns, agree and covenant as follows: 1. These covenants shall run with the land and shall be applicable to the owners, their heirs. successors, and assigns. 2. The easement as shown 00 said- Easement Plan shall be used exclusively for residential purposes so long as any of Lots ii, 12 and 13 as shown on said plan shall be limited to residential use under the zoolng laws or ordinances of the Town of Nantucket 3. The owners, their heirs, successors, and assigns of Lots ii, 12 and 13 as shown 00 said Plan No. 10999-F covenant and agree, each with the other, to join in, cooperate in. and to sign any and all documents or agreements necessary to facilitate the initial construction, and continued repair and maintenance of said easement 4. The covenants and agreements recited herein shall be binding on the heirs, successors, and assigns . of the owners of Lots 11, 12 and 13 as shown on said Plan No.10999-F and each owner of Lot 11. 12 and 13 for himself. his heirs, successors and assigns, shaUinclude these covenants and agreements in a desaiption of the easement and all subsequent deeds and mortgages to said Lots 11,12 and 13. And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the tIDe of said PETER A PARENT, TRUSTEE of the IRENE PARENT QUALIFIED PERSONAL RESIDENCE TRUST and IRENE PARENT to said land Is registered under said chapter, subject, however, to any of the encumbrances mentioned in section forty-six of said chapter, which may be subsisting and subject as aforesaid; and to the memoranda of encumbrances for this certifICate. WITNESS, PETER W. KILBORN, Esquire, Chief Justice of the Land Court, at Nantucket, in said County of Nantucket. The twenty-second day of August in the year two thousand at 9 o'clock and 25 minutes in the forenoon. Attest, with the seal of said court, Joa~?Ass~ecorder Case # 10999 Purported Address of Property: 137 POLPIS ROAD CERTIFICATE 19573 I I ; , : I . I . I .. Ql Ol It! ll. '" r-.. to OlW ~CJ ~~ ~5 rJ~ !EO t IV w() I- <( o IL I- 0:: W o en I I- Z o w m 0:: o en w o o z ::s w I I- Z o en w o z ~ OJ ~ ::> o z W IL o <( o z ~ o ~ w ~ a: w Cl a: o LLO ow wa: 0:1- :Jz I-<l: <l:1- ZOO QU) oo~ !Z~r:. w- ::!E ::2@ Ii :Jo: ~ a:LL (<) tf)o 0 Zw u..::2U>COM'<t'<t'<t Oi='<t'<t(J)(J)(J)(J) oo~~~~~~ ~~~~~~~~ OC3~~~S~~ 00 ::2 0: w I- LL o 0: o ;;: LL Z CJ Z Z Z :J c:: o z S2 I- Z Wo: :;;w :::>lD o~(J) O:JIO OZ~ o ~ 0: en 0: -I o ll. I- W ~ o ::J I- Z <l: Z u. o ~ Z ::J o o (!) Z 52 ~ u. o 0: W o 0: o ::E Ii co N N o o ~ 0: en 0: -I o ll. 10 ~ o :Z <( Z 6 Z W -I ii: Iii 0: I- W ~ o ::J I- ~ Z U. o ~ Z ::J o o I- Z w ::!E w ~ I !;: ll. W ~ iii W I- Z ~ W 0 ~ ~ zO Z 01- <( -Z z tu!;(O u. ~>(ij 0 offienl-~ ::Jen:EZZ I-Z::!EW::> ~oo~o ZOOll.O en u..Z oQ o:!:: WO OZ 0:0 00 o co ~ co .., 0> ~ ::E a: co N N o W/-'-'I- ZenWen OWZW 00:00: WWOW Q~~!z >--- BN~N ~~~~ ::>u..::Ju.. ffi-:J.!!.?-:J. II:!::!: -; W o en ~ W W--en !!;~ :!: ~~!!i-l -I -IZ ~ O::I-Z<l: 0:<( <(w ..., -Z",,,,,ZI- 0::>0_ 0 -~I-Oen -Oen ... ZzO::en::>Zen::> ...en I- i=W::JO:o:i=O:o:: Z~ Z o::o:OWt-O::W... W W ::><l:-;ll.W::Jll.W ~~ O:!!iOD:enOOOoo ll.Z ~Z-;<(WM!ifj-;M!ifj w 0... W... - en O::!:::i 0 en::i 0 Z~~Zo:W~~<((ijW<(Ci) !YWO::!Y::J~Wu..::>W~::>W l*: ll./-l*: 0..., ll. 000:...,00:: ::E < N '<t o ..- '<t'<too 0> (J) 0 0 0>0>00 ~"-NN ~(;5iO~ 0'..........<"1 NNCOQ; ..........0'0 :!: !i: ll. W ~ iii o ~ 0:: en 0: -I o ll. 0:: W o 0:: o ... ::> ~ ~ ... en ::> 0:: I- u.. o -I o W o .... 10 .... $ N o 8 o~ ............... :E < 10 N a; o ::E a: 10 ~ C; ..............N 0000 0000 ~~~S ~~~~ .....,.-..... 0 ~ Z W 0:: <l: ll. <ill o::t; ~::> WO:: ll./- o W W o o W W o 0> 0> N 10 0> o .., ~ 0> ::E Ii ::E Ii M N o ..- .., N o ..-N 00 00 ~~ 10 ClO ~~ 10 ..- 00 ~ Z W 0:: ~ <Itl 0::1- wen I-::J Wo:: (1..1- t; ::J 0: I- U. o -I o W o ~ ~ ~ ~ c) M ~ CD ~ '. -1.. SUBDIVISION PI,AN OF LAND IN NAJiTUCKET I0999J , '.~ . . ~., . Michael S. Bachman, Surveyor Jul,. 23, 1979 'r~l h I .'; I <. c: ~ , ......, '~ / / I~ ... ~ ..: .. 9 ~ .~ ... \ ~ -~ \~ \ ~ I " / '- ,/ '-...'2 ../ L.C. No. lOsnC c.rl. NtI.7217 Subdivision of Lot ~ Shown on Plan 109990 Filed with Cert. of Title No. 281S Registry District of Nantucket Count,. ~"u certific'~$ of title m'lk issued lOr land By 1M = '$ LotJJ...J,2J111d.J3_________ ------------ ~~cf~ lAND RE6ISTeATION OrfiCE -OEC.6.lg~9 - Ju/uf'tII/s JUn 80 f<<t lUll inch ilL W.,dWr;y, 6wh<<rfirc-t R f)E:C.~..I.1l7..!l_ Lzz____ B --_0-Aic~ ...~ ~71