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HomeMy WebLinkAbout014-99Town of Nantucket OFFICE OF THE TOWN CLERK 16 Broad Street NANTUCKET, MASSACHUSETTS 02554 Catherine Flanagan Stover Town Clerk ~sog> zzg-~z~~ I, Catherine Flanagan Stover, duly elected Clerk of the Town of Nantucket, hereby certify that a clarification was requested, and issued in this case (014-99). No other action, nor an appeal period is necessary. Signed and certified this day of , 2000 Catherine Flanagan Stover Town Clerk TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NAN'T'UCKET, MASSACHUSETTS 02554 Date: March /S 2000 T0: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: APPLICATION NO.: 014-99 OWNER/APPLICANT: STEPHANIE AND DENNIS DIAS Enclosed is the Decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. This Decision provides a CLARIFICATION (not a Modification), an EXTENSION, or authorizes a TEMPORARY PERMIT under Nantucket Zoning By-Law §139-26H, with NO twenty (20) day appeal period required. VV~~- l~ ~~w~~ Chairman cc: Town Clerk Planning Board Building Department RECEIVE=D I'OW{~ CLERK'S OFFICE "~AN~~JCKET, MA 02554 ~~,'~~~, ~. 5 Z00~ ,... ~s }, __ __ ,~~.ERK: -.~~~ TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Catherine Stover Town Clerk Town Building 16 Broad Street Nantucket, MA 02554 March 10, 2000 RE: DECISION IN BOARD OF APPEALS FILE N0. 014-99 Dear Ms. Stover; Please be advised that at a duly noticed Public Hearing held at 1:00 P.M., Friday, March 10, 2000, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, the Board considered the attached request for a six (6) month extension on the Variance relief granted in the above noted Decision. The Board, by a unanimous vote, GRANTED the six (6) month extension on said Variance relief, originally filed with the Town Clerk on April 30, 1999, and due to expire on April 30, 2000. The extension shall run from the date of expiration of the Decision until October 30, 2000. Should Stephanie and Dennis Dias, or their successors-in-title, not activate the Variance by October 30, 2000, relief will be deemed expired under that Decision. The property is situated at 2 Tripp Drive, Assessor's Map 80, Parcel 51.3, Land Court Plan 37096-B, Lot 1, Certificate of Tile No. 7709. There is no new twenty-day appeal period engendered by this extension. Dated: March `~, 2000 encl. w~~_ ~ ,,.~ ,,,,., Stephanie and Dennis Dias 6 Tripp Drive Nantucket, MA 02554 Nantucket Zoning Board of Appeals Town Annex Building 37 Washington Street Nantucket, MA 02554 March 10, 2000 RE: DECISION IN BOARD OF APPEALS FILE N0. 014-99 Dear Board Members; We would respectfully like to request a six (6) month extension of the time limit on our Decision. Our Decision is due to expire on April 30, 2000, having been filed with the Town Clerk on April 30, 1999. We were initially unaware that the Decision expired on the one (1) year anniversary date. We have been held up on starting construction as it took longer than we had thought to transfer title of the property to us as well as arrange for affordable financing. We are now in the design stage and should have the Building Permit in hand prior to the end of the extension on October 30, 2000 at the latest. We are now aware that should we not have pulled the Building Permit by that date, the Decision would expire and we would have to reapply to the Board for another Variance with no guarantee that we would receive the same relief. We would appreciate the Board's consideration of this matter at the regularly scheduled meeting on March 10, 2000. We thank you for your help. cerely_, , ~------ Stephanie and Dennis Dias TOWN OF NANTUCKET Application No.: 014-99 Date: April ~ ~ 1999 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Owner/Applicant: CATHERINE E. TRIPP, FOR HERSELF AS OWNER AND FOR DENNIS AND STEPHANIE DIAS 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 court1within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. ~_ Dale W. Waine ~ Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED-UPON ACCORDING~TO NANTUCKET ZONING BY-LAW §139-30I (SPECIAL PERMITS); §139-32I (VARIANCES) ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS. TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON STREET NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 Assessor's Map 80 2 Tripp Drive Parcel 51.3 Land Ct. P1. 37096-B, Lot 1 LUG-2 Cert. of Title No. 7709 At a Public Hearing of the Nantucket Zoning Board of Appeals held at 1:00 P.M., Friday, March 12, 1999, in the Conference Room, Town Annex Building, 37 Washington Street, Nantucket, Massachusetts, on the Application of CATHERINE E. TRIPP, FOR HERSELF AS OWNER AND FOR DENNIS AND STEPHANIE DIAS, of P.O. Box 911, Nantucket, MA 02554 and 6 Tripp Drive, Nantucket, MA 02554, respectively, Board of Appeals File No. 014-99, the Board made the following Decision: 1. Applicants (Dias) are seeking relief by VARIANCE under Nantucket Zoning Bylaw §139-16A, to validate the 1.2 acre parcel as separately marketable and building from adjacent land. The Locus is an undersized vacant lot situated within a district that requires a minimum lot size of 80,000 square feet. The Premises is located at 2 TRIPP DRIVE, Assessor's Map 80, Parcel 51.3, Land Court Plan 37096-B, Lot 1. The property is zoned Limited-Use-General-2. 2. The Decision is based upon the Application and the materials submitted with it and the evidence and testimony presented at the Hearing. There were six (6) letters in support, including two (2) from direct abutters, in the file. Several neighbors were present at the Hearing in support of the Application. One (1) Planning Board member was also present and spoke in favor of the grant of Variance relief. A local attorney, present at the Hearing on an unrelated case, also spoke in favor. There was no opposition expressed. The Planning Board made no recommendation but stated that they would not object if relief were granted. Submitted for this Board's review, however, was the Modification granted by the Planning Board in File No. #2310. 3. Applicants represented that this was the last vacant lot situated within a family owned subdivision. On January 25, 1982 the subdivision was created with the subject Lot having a prohibition against construction of a dwelling unit as part of the recorded covenant in "Tripp Drive Subdivision Planning Board File #2310". The other lots within said subdivision were all created so as to have a minimum of 80,000 square feet of lot area as required in the LUG-2 zoning district in which the lots are situated. However, Applicants' Lot contains only 44,476+ square feet of lot area and is thus deficient as to the minimum required area. Applicants sought and received a Modification of said covenant which was granted on February 10, 1999 by the Planning Board which eliminated, in its entirety, the condition that prohibited improvements on the Locus. Variance relief is still necessary from the Board of Appeals to enable Applicants to build a dwelling in this Lot. The Planning Board stated that they were unclear about the purpose of initially creating the unbuildable one-acre parcel at the entrance to the subdivision citing evidence in the file that indicated that there was confusion in 1982 about the impact of the easement that bisects the Lot on the buildability of the Lot and restricted the Lot accordingly. As shown at the Board of Appeals Hearing, the easement is only to allow access to the force main for repairs, it does not restrict the buildability of this Lot. The other subdivisions that front on South Shore Road do not have a similar buffer zone and the Planning Board concluded at the recent Hearing that this pattern was not useful at this location. There was no density bonus given in 1982 for setting aside this parcel and found that the escalating cost and lack of available land on Nantucket would likely preclude such a decision today. The Planning Board approved the Modification based upon the following conditions: 1. Variance relief would need to be received from the Board of Appeals and filed with their Decision; 2. Applicants would be restricted to one (1) single-family dwelling on the Lot; and 3. Vehicular access to the property would be restricted to Tripp Drive and no curb cuts would be allowed on South Shore Road to the subject Lot, identified as Lot 1. 4 Applicants stated that they would be willing to abide by the above stated conditions in the Board of Appeals Decision as well. They also represented that There was a mixture of lot Sizes in the LUG-2 zoning area that was serviced solely by South Shore Road, with many lots having a lot area of less than two (2) acres and a few less than one (1) acre, most of which were already improved with one (1) to two (2) dwelling units and ancillary structures. The Lot was also situated proximate a 34-lot one-acre subdivision that was located within the LUG-2 zone. Many of those lots were benefited by grants of similar relief by Variance. Applicants stated that they were the last members of their part of the family that did not have a lot in the subdivision to build their home on. The subdivision could have been designed in such a manner as to have made this Lot buildable in 1982. They would suffer extreme financial hardship if they were not able to build on this Lot due to the high cost of purchasing land on the open market on the Island. They were not able to purchase land from another family member as the abutting lot was improved and the lot to the south was offered for sale to the Applicants for an amount in excess of zahat they were able to afford. 5. Therefore, the Board finds that, with the proposed one (1) single-family dwelling restriction, the density of the Applicants' lot would be consistent with that of the surrounding neighborhood. This finding is based upon the determination that surrounding lots have no restrictions regarding second dwellings and, therefore, they have the potential to contain one (1) dwelling unit per 40,000 square feet, equivalent to the Applicants' proposal. The Board further finds that the lot is different in size and shape from other lots in the neighborhood, and had the unique feature of having the sewer easement bisecting the property and that owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structure but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this Zoning Bylaw would involve substantial hardship, financial or otherwise, to the Applicants, 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. The Board feels that there are unique characteristics only affecting this Lot and that there are sufficient restrictions placed on it that would mitigate a grant of Variance relief which would be consistent with other Decisions made in the immediate area. 6. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by VARIANCE under Nantucket Zoning Bylaw §139-16A to validate the lot as separately marketable and buildable from adjacent properties upon the following conditions: 1. There shall be only one (1) dwelling unit on the property; and 2. Access to the Locus shall be restricted to Tripp Drive with no cure cut onto South Shore Road. Dated: April, 1999 ~c Li ar,F. illia s ., Nancy Sevren Edward Murphy F~~'CCleb'~~ 1"OW~i CLERK'S OFFICE NA~JTl.6CKET, MA 02554 ~~~~~ 3 ~ 1999 1"I M E.-----~-~ 3.~~~ /.~~}. ~..;LERK:~~" TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON 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, MARCH 12, 1999, in the CONFERENCE ROOM, TOWN AND COUNTY BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: CATHERINE E. TRIPP, FOR HERSELF AS OWNER AND FOR DENNIS AND STEPHANIE DIAS BOARD OF APPEALS FILE N0. 014-99 Applicants (Dias) are seeking relief by VARIANCE under Nantucket Zoning By-Law §139-16A, to validate-the 1.2 acre parcel as separately marketable and buildable from adjacent land. The Locus is an undersized vacant Lot situated within a district that requires a minimum lot size. of 80,000 square feet. The Premises is located at 2 TRIPP DRIVE, Assessor's Map 80, Parcel 51.3, Land Court Plan 37096-B, Lot 1. The property is zoned Limited-Use-General-2. c~. Dale W. Waine, Chairman __ _..._. _Y ..,-.,. -.~ THIS NOTICE IS AVAILABLE IN LARGE PRINT O~R OTHER ALTERNATIVE. FOR_MA_TS, FOR _ ASS~ISTANC;E~ t;ALL _ ___„ __ (SO~r~~~=721. _--:: -._ ._- --- - _ ----- ~'-~~~~ +.• •80A Form 1-89 NANTtJCTCET ZONAid BOARD 08 APPEALS ~.,. SOWN ANA COIIlTPY RLfILDIDId Date ,... NAN'~'QC3C8T, NA 02554 CASE No.Q~,- APPL•?CA'i'?QN DOB REL?ED owner's name(s) : C ~ • ~~2t~ ti ~; Mailing address: Applicant's name: Mailing address: Location of lot: Aasesaor'b map and parcel number ~ ~~• 3 str--eat address: ~ ! ~ ,2 Registry Land 'Ct 'P1 ~'l~-n Bk & Pg or Plan File 3 70 ¢~O~Lot~ Date lot acquired : ~^/~, Deed Ret ~ 7 7O~ Zoning district ~~[(~~2 Uses on lot - .commercial :' Nons -d~ or McD?,_ - number of: dwellings,- duplex-,,,. apartments,- rental rooms, Building date(s): all pre-8/72? _ or Cot o?r Building Permit appl'n. Nos. Case Nos. all 8oA applications, lawsuits: ' State Pull all zoning relist sought and respective Code sections and subssa~ions, spsaitically what you propose compared to present and what rounds you urge for BoA to make each finding per Section 139-32A ~ i! Variance, 139-:oA it a Special Permit -(and 139-33A if to altar or extend a noncon"~'orminq use). It appeal per 139-3~A ~8 _ attach decision or order appealed. OK to attach addendum . LL N 12~ v~ (mac-C~(1 `• ~-t~[~ LL°, ~ Q rn //~ 9 - l (a ~6 y !/CL2t.C~iYi C~ ~ avr.~ artap ~ ~~~- iyUV r~ ~~ ~,~7 Ste. Z ~ ~_~ ~ Z '•-~ ~'~ Items enclos as part o! this Application: o~deri addendum2 Q ~ Locus map Site pplan showing present / +plannea structures ~- ~ ~ +~ Floor plans present proposed-, elwat one (HOC approved?_). ~ ~,`~ Listi s lot ro» e • tba p rking data `C.~, Assass~r-cart#'~~sH"R~rses~a I1T1: ~ sa~a~""~a~~ lase3e a sasT,,: ~s00 tee payable to Town of Nantuokeb ~roo! aap~ covenant (It an appeal, ask Torn Clark •to sencC'S1 q ComT rsoord to BOAT I certify that the requested information submitted is substantially oomplsts and true to the bast of my knawlsdge, under the pains and penalties o rjury. SIGNATURE: ~ Applicant Attorney/agent~ • 3(tL not owner or own4r's attorney, enclose proof of authority) • FOR 8oA OFBICE USE Application oopies raa'd: 4_N or_ for 8oA onQ~,/~ Q~bY One copy tiled with Town Clerk on„~J~/~ by co:ppl te? V --~~~~~~~ b ~j~ ~ ~ Ons copy each to Planning sd and Building De t 7i y_~~~"~i x200 Lse check giysn' To Tr~feasurer on 2 bY1~~waived?_ Hearing notice postedl~JZ/~` mailed/ I & M~~"-~~~ ;1J Hearing(s) on_J_J_, cont'~a to_/J_, JJ_.._, withdrawn?J Decision due by_/„,,~ eade_,J~_ tllsd TcJJ~ mailsdJ,J_ 8se related cases lawsuits_~ other COVENANT ::nw; ~:;: r,..,~ J;i .....~~ , ;'~,:?;1;~ ..1~._ 1;'::_„~;~:.., tiie Un;.^riii~n2G' h&,"i SUt,'iill:iC:J ~i{ d~rll; „ lion dated _ 12 28 _____ , '.5 81, to the Nantucket ____ _ "~annl~"~ Po~~ ;~ . ~ c ~~ ~l~:. ., °f: :ti r~~ ..1 ~ ~ ~ t. I' ~: ~ _~ ~. Y* L~ G ..1~ 1 r ,;n o{ 4 VV. t(.In uvL 1vIJ{v{1 yn_~\. ~.J __ "plan ~f Tancl of Ernest E $ Catherine E. Tripp" and dated 12/22 , 19 81 ,and has requested the Board to approve such plan without requiring a performance bond, NOW THEREFORE, THIS AGREEMENT WITNESSETH that in consideration of the Planning Board approving said plan without requiring a performance bond, and in consideration of one dollar in hand paid, receipt whereof is hereby acknowledged, the undersigned covenants and agrees with the (City/Town) of Nantucket as follows: 1. The undersigned will not sell any lot in the subdivision or erect or place any permanent building on any such lot until the construction of ways and municipal services necessary to serve adequately such lot has been completed in the manner specified in the afore- said application, and in accordance with the covenants, conditions, agreements, terms and provisions thereof. 2. This agreement shall be binding upon the executors, administrators, devisees, heirs, successors and assigns of the undersigned. It is the intention of the undersigned and it is hereby undersood and agreed that this contract shall constitute a covenant running with the land included in the aforesaid sub- division and shall operate as restrictions upon said land. It is understood and agreed that lots within the subdivision shall, respectively, be re- leased from the foregoing conditions upon the recording of a certificate of performance executed by a majority of said Planning .Board and enumerating the specific lots to be so released. 3. The undersigned represents and covenants that undersigned is the owner' in fee simple of all the land included in the aforesaid subdivision and that there are no mortgages of record or otherwise on any of said land, except such as are described below and sub- ordinated to this contract, and the present holders of said mortgages have assented to this contract .prior .to its execu.ti.on by .the undersigned. . ' If-there is more than one owner, all must sign. L VIJTDTT " III 1) l'he land shown on said plan shall comply with the rules .u~d regulations of the Nantucket Planning Board in force on December ~8, 1981, except for the following enumerated regulations which the Board agrees to ~.~aive or alter in the manner specified: a. 3.08: Adequate Access to Site - The access road (South S Noce Road) shall be improved to meet the specifications for stabilized gravel roads from the end of the existing as- phalt pavement on South Shore Road to the entrance of the interior subdivision road. b. 4.02: Streets - The interior subdivision road shall be paved to a width of sixteen (16') in accordance with the speci- fications for asphalt roads. AMES K. GLIDDEN. ESG. ICNARD J. GLIDDEN. ESQ. )7 C[NTR[ •TR![T YANTUCK[T. MA/[. OL1lt4 c. 4.05: Guard Rails and Posts - Waive. d. 4.06: Street Signs - ,~ street sign shall be erected at the entrance to the subdi~•ision road. e. 4.07: Water-Pipes, etc. - Naive. f. 4.08: Dry sewer lines - Naive. g. 4.11: Shade Trees - 1Vaive. h. 4.12: Fire Alarm Boxes - tVaive. i. 4.13: Sidewalks - Waive. j. 4.14: Bicycle Paths - lv'aive. k. 4.15: Street Lights - Itiai~~e. 1. 4.16: Bridges - Naive. m. 4.17: Curbing - tVaive. 2) ~\pplic ant shall construct asphalt aprons with leaders around the inlets of eac h leach ing basin. 3) It is agreed that the present owners or their successors, heirs or assign s. s hall not be allowed to include the one foot wide strip located T[L. It 171 2=OA771 on the northerly side of the subdividion road on a plan for endorsement under section 81 P of the subdivision control law. This provision shall survive any lot rele;~ses granted by the Board and shall be included on all Ueeds out. 4) It is agreed and understood that Lot one on said plan cannot be built upon under current zoning regul<;tions, and the approval and endorse- ment of this plan by the Planning Board is not to be construed as making I.ot one a buildable lot. 5) The Board agrees that Lot 2 on said plan is hereby released from the terms of this covenant. Approved and assented to by the Nantucket Planning Board. ~~ AMES K. GLIDDEN.. ESQ. ICNARD J. GLIDDEN. E50. 07 C[NTR[ OTR[[T /AIITUCK[T, MA[0. 02[04 T[L. 1[171 [i[-0771 ~oPn~ -: ~c. 2 of ~; IN WITNESS WHEREC -the undersigned, aapliCSyi as a~ores:.iC, does hereunto set his t ,a hand and seal this ~ y _ c y of M ~,z c ~~ _ , 13 ~? {. Received by Town Clerk: Date Time Signature Description of Mortgages: Applicant's signature t' ~ ~_7. c Applicant's address FrnPCT F_ Trinn South Shore_Road Nantucket, Mass. 02554 ~" ~f~i~Si~3i~~c,~F~i~~i'itl~'d"cf'r~~t4i~~tK~ ~1~ :~ ,~~`~~/ applicant Catherine E Tri RA South Shore Road Nantucket, Mass. 02554 (Give complete names and Registry of Deeds reference.) Assents of Mortgagees: COMMONWEALTH OF MASSACHUSETTS ~~ ~ ev ~ \~. ~ k e e ss Then personally appeared the above named and acknowledged the foregoing instrument to be free act and deed, before me. . -,-_ ~- ~',Z Paz T ~a~~ 1~ V"1~ Notary~Publ . My commission expires: ~ I ~4 24 Januaryy26, 1982 Ernest E. & Catherine E. Tripp South Shore Road Nantucket, MA 02554 Dear Nir. & Mrs. Tripps Please be advised that at a meeting of the Nantucket Planning Board held January 25, 1982, the Board voted to approve your 4 lot subdivision, as proposed, located off of South Shore Road conditional upon a covenant being executed which shall include the following sttpulationss 1. All the conditions and agreements included in the proposed list of waivers submitted to the Board, a copy of which is attached herewith. 2. The following additional requirements, conditions and/or modification to the plan and covenants a. That the access road (South Shore Road) be improved to meet the Town's specifications for stabilized gravel roads from the end of the existing asphalt paving on South Shore Road to the entrance of your proposed subdivision road. ti^~.~ `~{;~`"` b. That a reference noting that the plan is subject to a covenant ~° ~~~ be shown on Hie plan. c. That asphalt aprons with leaders be constructed around the in- ~~ lets of each leaching basin. d. The Board has agreed to permit a 16 foot wide travelled way / / provided that a provision be included in the covenant which shall .prevent iv the present owner or any future owner(s), their heirs, successors and assigns from theluding the one foot wf'ie strip located on the northerly . side of the subdivision road on a plan for, endorsement under Section. 81-P. This restriction shall be included on all deeds out and shall survive any lot releases granted by the Board. c~ e. The Board has agreed to release one lot prior to, the com- pletion of the required pui~lie improvements. f.~ That ~a provision be included in the covetiaat. which rnake~ . it learly understood that lot 1 cannot be built upon ender ceerpnt ~r~ning 2 1/26/82 and that this restriction be included on all deeds out and shall survive the normal release procedures under Section 81-U. ;'~ g. That a street sign be erected at the entrance of the proposed interior road. Should you have any questions concerning these conditions, please contact the Board at 288-9625. Sincerely, Donald T. Visco Chairman DTV /amm :c: John Shugrue Madelyne Perry, Town Clerk ~- ~,. Q `~o.~.~~ ~_--_-_ ~.. ~~ TRIPP DRIVE HOMEOWNERS ASSOCIATION DECLARATION OF TRUST This Declaration of Trust is made this l ~ day of December, 1997 at Nantucket, Massachusetts by Catherine E. Tripp and Diane Viera ( hereinafter the "Trustees" which term and any pronoun referring thereto shall be deemed to include their successors in trust hereunder and to mean the trustee or trustees for the time being hereunder whenever the context so permits). The business address for the Trust shall be 12 Tripp Drive, Nantucket, MA 02554 ARTICLE ONE - NAME OF TRUST . The Trust hereby created shall be known as Tripp Drive Homeowners Association Trust and under that name so far as legally convenient and practical shall all business carried on by the Trustees be conducted and shall all instruments in writing by the Trustees by executed. ARTICLE TWO - THE TRUST AND IT'S PURPOSE 2.01 Purposes - This trust has been formed for the purpose of acting as an association of the Owners of the Lots and, in connection therewith, to maintain, plant, improve, repair and replace the roads, drainage systems, sidewalks, bicycle paths, common landscaping, Utility Lines and the Electric Easement serving the Land; to enforce- the Restrictions and such rules and regulations as the Trustees may from time to time adopt; to collect and enforce the Assessments; and generally to promote the common enjoyment by the Owners of their respective Lots and the best interests of all Owners with respect to the Land, as the same may 1 ;' interests of all Owners with respect to the Land, as the same may from time to time be determined by the Owners, acting in accordance with the provisions hereof; this trust, being the Association referred to in the Restrictions. 2.02 Relationship of Parties. It is hereby expressly declared that a trust 'and not a partnership has been created and the Lot Owners are cestuis que trustent and not partners or associates nor in any other relation whatever between themselves with respect to the trust property; and hold no relation to the Trustees other than of cestuis que trustent, with only such rights as are conferred upon them as such cestuis que trustent hereunder. ARTICLE THREE - DEFINITIONS 3.01 "Subdivision" shall refer to the land and improvements thereon within the subdivision known as Tripp Subdivision Plan of Land in Nantucket, Ma, approved by the Nantucket Planning Board on April 22, 1997, filed in the Nantucket Registry District and shown as lots - inclusive on Land Court plan 37096- filed with Certificate of Title No. . 3.02 "Owner or Homeowner" shall refer to an owner of a fee or the collective owners of undivided fee interests in any Lot within the subdivision. 3.03 "Utility Easement" shall refer to utility services as are now or may in the future be customarily installed to service said lots. 3.04 The "Assessments" shall mean the. assessment and charges deemed necessary to provide-and pay for maintenance of the roads, 2 3.05 "Association" shall mean the associatian of Owners of Lots created•by Declaration of Trust of Tripp Drive Homeowners Association Trust, dated as of ,1997 acting by its Trustees. 3.06 The " Declarant" are Catherine E. Tripp .and Diane Viera. 3.07 "Dwellinct" shall mean a structure used for human habitation. 3.08 The "Lots" are all of the lots shown upon the Plan and designated by the numbers - inclusive. (All references herein to any "Lot" by number shall be deemed to be the lot so designated upon the Plan.} 3.09 The "Plan" is Land Court Plan No. 37096-C. 3.10 "Restrictions" shall mean the restrictions (and, where the context indicates, all other .relevant provisions) of a Declaration of Protective Covenants dated December ,1997, executed by Catherine E. Tripp, owner of the subdivision. 3.11 "Utility" shall refer to any telephone, electric, water, sewer, gas transmission, cable television or other service which is customarily used in the Town of Nantucket from time to time. 3.12 "Utility Lines" shall mean the pipes, wires, cables, or other means of transmission of electric, telephone, and, if now or in the future applicable, water, sewer, cable television, and such other utility services as are now or may in the future be customarily installed td serve residential and/or commercial building Lots in Nantucket, Massachusetts, which serve any two. (2) 3 or more of the Lots (but not any such means of transmission which serves any orie (1} Lot only). .ARTICLE FOUR - THE TRUSTEES 4.01 Election of Trustees. There shall be at all times be a board of trustees (hereinafter called the "Board of Trustees" or the "Board") hereunder consisting of such number, not less than two (2 ) nor more than five ( 5 } as shall be determined from time to t ime by vote, at the annual meeting of the Owners, of Owners of Lots entitled to not less than fifty-one (51%} percent of the beneficial interest hereunder. The Trustees hereinabove named shall serve until the next Annual Meeting of Owners of Lots but shall not expire until filled as hereinafter set forth. Thereafter, the terms of office of the Trustees shall, except as hereinafter provided, be two (2) years, and such terms of one-half {1/2} of the Trustees shall expire each year; provided that, in order to establish and maintain such staggering of the terms, the terms of the Trustees first elected pursuant hereto shall be one {1} year, two (2) years, respectively, determined by lot, and thereafter, upon any increase or decrease in the number of Trustees, the terms of any then newly appointed Trustee or Trustees shall be one (1) year and two (2) years determined in so far as possible. If and whenever the number of such Trustees shall become less than two (2) or less than the number of Trustees then determined as aforesaid, a vacancy or vacancies in said office shall be deemed to exist. Each such vacancy shall b~ filled by instrument in writing setting forth (a) the appointment of natural person-to act as Trustee, {b) 4 one or more Owners (whether directly or indirectly because of his interest individually or the Trustees interest or any Owner's interest in any, corporation, firm, trust, or other organization connected with such contracting or dealing or because of any other reason) as vendor, purchaser, or otherwise, nor shall any such dealing, contract, or arrangement entered into in .respect of this trust in which any Trustee shall be in any way interested or avoided, nor shall any Trustee so dealing or contracting or being so interested be liable to account for any profit realized by any such dealing, contract or arrangement by reason of such Trustee's holding office of the fiduciary relation hereby established, provided the Trustee shall act in good faith and shall disclose the nature of his interest before the dealing, contract, or arrangement is entered into. 4.07 Indemnity. The Trustees, and each of them, shall be entitled to indemnity both out of the trust property and by the Owners against any liability incurred by them, or any of them, in the execution hereof, including, without limiting the generality of the foregoing, liabilities in contract and in tort and liabilities for damages, penalties and fines. Nothing in this paragraph contained shall be deemed, however, to limit in any respect the powers granted to the Trustees in this instrument. ARTICLE FIVE - BENEFICIARIES AND THE BENEFICIAL INTEREST IN THE TRUST 5.01 Beneficiaries. The cestuis que trustent or 3 beneficiaries shall be the Owners from time to time of each of the Lots. T~ie~berie€icial interest in the trust hereunder shall be 8 divided among the Owners in equal fractional interests appertaining to the Lots with the numerator of such fraction being one (1) and its denominator being the total number of Lots. 5.02 Multiple Owners. The beneficial interest of each Lot shall be held and exercised as a unit and shall not be divided among several owners of any such Lot. To that end, whenever any or the Lots are owned of record by more than one (1) person, the several owners of such Lot shall (a) determine and designate which one of such owners shall be authorized and entitled to cast votes, execute instruments, and otherwise exercise the rights appertaining to such Lot hereunder and (b) notify the Trustees of such designation by a notice in writing signed by all of the records owners of such Lot. Any such designation shall take effect upon receipt by the Trustees and may be changed at any time and from time to time by notice as aforesaid. In the absence of any such notice of designation, the Board of Trustees may, by majority vote, designate any one such owners for such purposes. ARTICLE SIX - BY-LAWS The provisions of this Article Six shall constitute the By- Laws of this trust and the organization of Owners established hereby; to wit: 6.01 Powers of the Trustees. The Trustees shall have the absolute control, management and disposition of the trust property as if they were the absolute owners thereof, free from the control of the Owners and, without; by the following enumeration, limiting the generality of the foregoing or of: any item in enumeration, .with 9 discretion and duties hereby conferred or imposed upon the Trustees. 4.02 MaZOrity Vote. In any matters relating to the administration of the trust hereunder and the exercise of the powers hereby conferred, the Trustees may act by a majority vote at any duly called meeting at which a quorum is present as provided in Section 6.07, provided, however, that in no event shall a majority consist of less than two (2) Trustees hereunder and, if and whenever the number of Trustees hereunder shall become less than two (2), the then remaining or surviving Trustees, if any, shall have no power of authority whatsoever to act with respect to administration of the trust hereunder or to exercise any of the powers hereby conferred, except as provided in Section 4.01. The Trustees may also act without a meeting by instrument signed by a majority of their number. 4.03 Resignation or Removal. Any Trustee may resign at any time by instrument in writing, signed and acknowledged in the manner required in Massachusetts for the acknowledgment of deeds, and such resignation shall take effect upon the registration of such instrument with Nantucket County Registry District. After reasonable notice and opportunity to be heard before the Board of Trustees, a Trustee may be removed from office with or without cause by an instrument in writing executed by Owners entitled to not less than fifty-one (Slo) percent of the beneficial interest hereunder, such instrume$t to take effect upon the registration thereof `with Nantucket Registry District. 6 instrument in writing setting forth (a} the appointment of natural person to act• as Trustee, (b) the acceptance of such appointment, signed and acknowledged by the person so appointed, and (c) certification that the person so appointed has been duly elected a Trustee hereunder by a majority vote at a meeting of the Owners duly called and held, which instrument is signed by a majority of the then remaining Trustee if only one (1), or by Owners entitled to not less than twenty-five (250) percent of the beneficial interest hereunder. Such appointment shall become effective upon the registration with Nantucket Registry District of such instrument, and such person shall then be and become such Trustee and shall be vested with the powers of the Trustees and title to the trust property, jointly with the remaining or surviving Trustee or Trustees, without the necessity of any act of transfer of conveyance. If for any reason any vacancy in the office of Trustee shall continue for more than sixty (60} days and shall at the end of that time remain unfilled, a Trustee or Trustees to fill such vacancy or vacancies may be appointed by any-court of competent jurisdic"t ion upon the application of any Owner or any Trustee and notice to all Owners and Trustees and to such other parties in interest, if any, to whom the court may direct that notice be given. The foregoing provisions of this section to the contrary notwithstanding, despite any vacancy in the office of Trustee, however caused and for whatever duration, the remaining or surviving Trustees, subject to .the provisions to. exercise and discharge all of the powers,. 5 4.04 Bonds. No Trustee named or appointed as hereinbefore provided, whether as original Trustee or as successor to or as substitute for another, shall be obliged to give any bond or surety or other security for the performance of any of his duties hereunder, provided, however, that the Owners entitled to not less than fifty-one (51%) percent of the beneficial interest hereunder may at any time, by instrument in writing signed by them and delivered to the Trustee or Trustees affected, require that any one or more of the Trustees shall give bond in such amount and with such sureties as shall be specified in such instrument. All expenses incident to any such bond shall• be charged as a common expense of the trust. 4.05 Personal Liabilitv. No Trustee hereinbefore named or appointed as hereinbefore provided shall under any circumstance or in any event be held liable or accountable out of his personal assets or be deprived of compensation by reason of any action taken, suffered, or omitted in good faith, or be so liable or accountable for more money or other property than he actually receives, or for allowing one or more of the other Trustees to have possession of the trust bonds or property, or be so liable, accountable, or deprived by reason of honest errors of judgement or mistakes of fact or law or by reason o.f the existence of any personal or adverse interest or by reason of anything except his own personal and willful malfeasance and defaults. 4.06 Dealing with ~'rustees. No Trustee shall be disqualified by his office frog contracting or dealing with. the Trustees or with 7 full power and uncontrolled discretion, subject only to the limitations and conditions hereof, at any time and from time to time and without the necessity of applying to any court or to the Owners for leave so to do. 6.02 Inspection of Records. Books, accounts and records of the Trustees shall be open to inspection to any one or more of the Trustees at all times and to the Owners at reasonable times as determined by the Trustees. The Trustees shall, however, as soon as reasonably possible, after the close of the fiscal year, or more often if convenient for them, submit to the Owners a report of the operations of the Trustees for such year, which shall include a profit and loss statement, an analysis of surplus charges during the year, and a balance sheet as of the-close of each year, all in such summary form and only in such details as the Trustees shall deem proper. Any person who has been furnished with such report and shall have failed to object thereto by notice in writing to .the Trustees given by registered mail within a period of six (6) months of the date of the receipt by him shall be deemed to have assented thereto. 6.03 Common Expenses Profits and Funds. The owners shall be liable for common expenses and entitled to common profits of the Trust in proportion to their respective percentages of beneficial interest as set forth in ARTICLE FIVE hereof , except as hereinafter provided. The Trustees may at any time or times distribute common profits among the Owners in such proportions. The Trustees may, to such extent as~they deem advisable set aside common funds. of t.he. 10 Trust as reserve or contingent funds and may use the funds so set aside for reduction of indebtedness or other lawful .capital gurpose, or, .subject to provisions of this Declaration of Trust, for repair, rebuilding, or restoration of facilities maintained by the Association or for improvements thereto, and the funds so set i aside shall not be deemed to be common profits available far distribution. j 6.04 Assessments. At least thirty (30) days prior to the 'commencement of the fiscal year of this trust, the Trustees shall 'estimate the common expenses expected to be incurred during such ;fiscal year together with a reasonable provision for contingencies and reserves and, after taking into account any undistributed ,common profits for prior years, shall determine the assessment to be made for such fiscal year. The Trustees shall promptly render 'statements to the Owners for their respective shares of such assessment, according to their percentages of undivided beneficial interest in the Trust as set forth in ARTICLE FIVE, and such statements shall, unless otherwise provided herein, be due and payable thirty (30) days after same are rendered. In the event that the Trustees shall determine during any fiscal year that the assessment so made is less than the common expenses actually ;incurred, or in the reasonable opinion of the Trustees likely to be incurred, the Trustees shall made a supplemental assessment or assessments and render statements therefore in the manner ,aforesaid,.and such statemesnts shall be payable and take effect as aforesaid. The Trustees may, in their discretion, provide for ~, . 11 payments of statements in monthly or other installments. The amount of each such statement, together with interest thereon, if a not paid when due, at the rate of eighteen (18%) percent per annum,- .shall constitute a lien on the Lot of the Owner assessed, in the 4 ~~ same manner as set forth with respect to condominium unit owners in Massachusetts General Laws, Chapter 183A. The Trustees shall i enforce collection of all of such assessments by all lawful means and shall have the right to collect, and each Owner who has not paid any such assessment as and when due shall be liable to pay to the Trustees, all costs and expenses incurred by the Trustees in enforcing such collection and, in addition thereto, such lawful fines and penalties as the Trustees may determine by rules and regulations promulgated pursuant hereto. 6.05 Insurance. The Trustees shall obtain and maintain to the extent available, master policies of insurance with respect to the areas and facilities maintained by, or within the jurisdiction of, the Trustees (but not covering any areas or facilities in the possession or control of the Owner of any one Lot) for the benefit and protection of the Trustees and all of the Owners for {a) comprehensive public liability, {b) workmen's compensation and employer's liability with respect to any manager, agent, or employee of the trust, but excluding any independent agent or manager, and {c) such other risks as the Trustees in their discretion deem it appropriate to insure. All such insurance shall be in such amounts and formd as the Trustees, in their discretion, deem..-.appropriate. and shall, insofar .as practicable, contain. . . 12 provisions as above set forth with respect to non-cancellation, waiver of subrogation, waiver of defense ,based on conduct of any insured, and non-contribution. The cost of all such insurance obtained and maintained by the Trustees, pursuant to provisions of this section, shall be a common expense; provided, however, that, if the Trustees shall determine in their reasonable discretion that the cost of any such insurance has been increased because of any addition or improvement within any Lot or Lots, then the amount of such .increased cost shall be separately assessed to and paid by the Owner or Owners of such Lot or Lots. 6.06 ,.Rules Regulations. Restriction, Requirements. The Board of Trustees may at any time and from time to time adopt and amend and rescind administrative rules and regulations governing the details of the operation and use of the facilities maintained by.the Association and other matters within the jurisdiction of the Trustees. 6.07 Meetincrs of Trustees. The Board of Trustees shall meet annually on the date of the annual meeting of the Owners and at such meeting shall elect the Chairman, Treasurer, and Secretary hereinbefore provided for. Other meetings may be called by the Chairman and in any other manner as the Trustees may establish, provided, however, that written notice of each meeting stating the place, day, and hour thereof shall be given at least four (4) days before such meeting to each member. of the Board of Trustees. One- half (1/2) of the number o~ Trustees shall constitute a quorum at all meetings, and-such meetings shall be conducted.n accordance. 13 with such rules the Board of Trustees may adopt. 6.08 Meetinqs of Owners. There shall be an annual meeting of the Owners on or about the second Saturday of September in each year at 11:00 a.m. at such reasonable place and time (not more than fifty (50) days before or twenty (20) days after said date)as may be designated by the Board of Trustees by written notice given to the Owners at least fourteen (14) days prior to the date so designated. Special meetings of the Owners may be called at any time by the Board of Trustees and shall be called by them upon written request of Owners entitled to more than thirty-three {33%) percent of the beneficial interest hereunder. Written notice of any such meeting designating the place, day, and hour thereof shall be given by the Board of Trustees to the Owners at least fourteen (14) days prior to the date so designated. At the annual meeting of the owners, the Board of Trustees shall submit reports of the management and finances of the trust. Whenever at any meeting the Board of Trustees proposes to submit to the Owners any matter with respect to which approval of or action by the Owners is necessary or appropriate, the notice of such meeting shall so state and reasonably specify such matter. 6.09 Notice to Owners. Every notice to any Owner required under the provisions hereof, or which may be deemed by the Trustees necessary or desirable in connection with the execution of the ;trust created hereby, or which may be ordered in any judicial r proceeding, shall be deemed sufficient and binding if a written or printed copy of such notice shall be given ~by one or more of the` 14 Trustees to such Owner by mailing it, postage prepaid and addressed to such Owner at his address as it appears upon the records of the Trustees, at least seven (7) days prior to the date fixed for the happening of the matter, thing, or event of which such notice is given. 6.10 Checks. Notes, Drafts, and Other Instruments. Checks, notes, drafts and other instruments for the payment of money drawn or endorsed in the names of the Trustee or of the trust may be signed by any two (2) Trustees or by any person or persons to whom such power may, at any time or from time to time, be delegated by not less than a majority of the Trustees. 6.11 Seal. The seal of the Trustees shall be circular in form, bearing the inscription Tripp Drive Homeowners Association Trust - 1997, but such seal may be altered by the Trustees at pleasure, and the Trustees may, at any time or from time to time, at their option, adopt a common or safer seal which shall be valid for all purposes. 6.12 Fiscal Year. 'the fiscal year of the trust shall be the year ending with the last day of December or such other date as may, from time to time, be determined by the Trustees. ARTICLE SEVEN - RIGHTS AND OBLIGATIONS OF THIRD PARTIES DEALING WITH THE TRUSTEES 7.01 Act of Trustees. No purchaser, mortgagee, lender, or other person dealing with the Trustees as they then appear of record at Nantucket Registry District shall be bound to ascertain s or inquire further as to the persons 'who are then Trustees hereunder or be affected with any notice, implied or actual, or 15 otherwise than by a certificate thereof, and such record or certificate shall be conclusive evidence of the personnel of the 4 Trustees and of any changes therein, .The receipts of the Trustees, or any one or more of them, for moneys or things paid or delivered ~ to~ them, or him, shall be effectual discharges therefrom to the a F persons paying or delivering the same and no person from whom the Trustees, or any one or more of them, shall receive any money, property, or other credit shall be required to -see to the application thereof. No purchaser, mortgagee, lender, or other person dealing with the Trustees or with any real or personal '. property which then is or formerly was trust property shall be - bound to ascertain or inquire as to the existence or occurrence of any event or purpose in or for which a sale, mortgage, pledge, or ~, charge is herein authorized or directed, or otherwise as to the purpose or regularity of any of the acts of the Trustees, or any one or more of them, purporting to be done in pursuance of any of the provisions or powers herein contained, or as to the regularity of the resignation or appointment of any Trustee, and any instrument of appointment of a new Trustee or of an old Trustee '„ purporting to be executed by the Owners of Lots or other persons herein required to execute the same shall be conclusive evidence in 'favor or any such purchaser or other person dealing with the Trustees of the matters therein recited relating to such discharge, resignation, or appointment, or the occasion thereof. 7.02 Transfer of Securities. No corporation, company, trust, association, -body politic, ~or other body having outstanding shares, 26 bonds, or. other securities shall be affected by notice that any of ''- %ii15 4i ii ~- its shares or~bonds or other securities d~~: suu~ect t:: or Z::: :..'CJ I.:!!C l..! _..C +.V i_llG CltiC i.ii 4__vu iic._icv.i Ui ~ ...,.. -. .. ..~.. ., ._ inquire whether any transfer of any such shares, bonds, or other securities by the Trustees is authorized, notwithstanding such authority may be disputed by some other person. 7.03 Recourse Against Trustee. No recourse shall be at any time, had upon or under any note, bond, contract, order, instrument, certificate, undertaking, obligation, covenant, or agreement, whether oral or written, made, issued, or executed by the Trustees of by any agent or employee of the Trustees, or by reason of anything done or omitted to be done by or on behalf of them, or any of them, against the Trustees individually, or against any such agent or employee or against any beneficiary or the holder of any security issued by the Trustees, either directly or indirectly, by legal or equitable proceeding, or by virtue of any suit or otherwise, and all persons extending credit to, contracting with, or having any claim against the Trustees shall look only to the trust property for payment under such contract or claim or for the payment of any debt, damage, judgment or decree, or of any money that may otherwise become due or payable to them from the Trustees, so that neither the Trustees nor the beneficiaries or holders of such other securities, present or future, shall be personally liable therefor. 7.04 Execution by Trustees. Every note, bond, contract, order, instrument,_certificat~, undertaking,,obligation, covenant, 17. or agreement, whether oral or written, made, issued, or executed by the Trustees oY~ by any agent or employee of the Trustees shall be deemed to have been entered into. subject to the terms, conditions, provisions, and restrictions hereof, whether or not express reference shall have been made to this instrument.. 7.05~Recording. This Declaration of Trust and any amendments hereto and any certificate herein required to be recorded and any other certificate or paper signed by said Trustees, or any of them, which it may be deemed desirable to record shall be recorded with Nantucket Registry District, and such recording shall be deemed conclusive evidence of the contents and effectiveness thereof according to the tenor thereof; and all persons dealing in any manner whatsoever with the Trustees or the trust property shall be held to have notice of any alteration or amendment of this Declaration of Trust, or change of Trustee or Trustees, when the same shall be recorded with Nantucket Registry District. Any certificate signed by the Trustees in office at the time, setting forth as facts any matters affecting the trust, including statements as to who are Owners, as to what action has been taken by the Owners, and as to matters determining the authority of the Trustees to do any act, when duly acknowledged and recorded with Nantucket Registry District, shall be conclusive evidence as to the existence of such alleged facts in favor of all third persons, including the Trustees, acting in reliance thereon; and any certificate signed by the~President, Vice President, Secretary, Treasurer,. or Trust Officer of a trust company or bank `engaged in 18 business in the City of Boston or the Town of Nantucket, Massachusetts,' stating who, upon inspection of the records of Nantucket County Registry District and Registry of Deeds, are Owners, and the amount of interest of each, or as to what action has been taken by the Owners, shall be conclusive evidence as to who are such Owners and the amount of interest of each and the action taken as aforesaid, in favor of all third persons, including the Trustees, acting in reliance thereon. Any certificate executed by any Trustee hereunder, setting forth the existence of any facts, the existence of which is necessary to authorize the execution of any instrument or the taking of any action by such Trustee or majority, as the case may be, shall, as to all persons acting in ', good faith in reliance thereon be conclusive evidence of the truth of the statements made in such certificate and of the existence of the facts therein set forth. ARTICLE EIGHT - AMENDMENTS AND'TERMINATION 8.01 Amendments. The Trustees, with the consent in writing of Owners entitled to not less than fifty-one (51%) percent of the beneficial interest hereunder may, at any time and from time to r time, amend, alter, add to, or change this Declaration of Trust in any manner or to any extent; the Trustees first, however, being duly indemnified to their reasonable satisfaction against outstanding obligations and liabilities; provided always, however, that no such amendment, alteration, addition, or change (a) ` according to the purport of~which the percentage of the beneficial interest hereunder°of ariy Owner would be altered. or .in any manner 19 or to any extent whatsoever modified or affected, so as to be different than-the percentage of the individual interest of such Owner in the beneficial interest in this trust as herein provided, , or (b) which would render this trust contrary to or inconsistent with any requirements or provisions of law shall be valid or effective.' Any amendment, alteration, addition, or change pursuant to the foregoing provisions of this paragraph shall become effective upon registration with Nantucket Registry District of any instrument or amendment, alteration, addition, or change, as the case may be, signed, sealed, and acknowledged in the manner required in Massachusetts for the acknowledgment of deeds, by the Trustees, setting forth in full the amendment, alteration, addition, or change and reciting the consent of the Owners herein required to consent thereof. Such instrument, so executed and recorded, shall be conclusive evidence of the existence of all facts and of compliance with all prerequisites to the validity of such amendment, alteration, addition, or change, whether stated in such instrument or not, upon all questions as to title or affecting the rights of third persons and for all other purposes. No such amendment shall be effective unless it has been consented to in writing by the Planning Board, and such consent shall be attached .to instruments of amendment at the time of its record. Nothing in ,this paragraph contained shall be construed as making obligatory upon the Trustees to amend, alter, add to, or change the Declaration of Trust upon` obtaining the necessary consent as hereinbefore provided. ... _ .. 2a 8.02 Termination. The trust hereby created shall terminate only upon the written agreement of all Owners and the Planning Board. 8.03 Liquidation. Upon the termination of this trust, the Trustees may sell and convert into money the whole of the trust property,' or any part or parts thereof, and, after paying or retiring all known liabilities and obligations of the Trustees and providing for indemnity against any other outstanding liabilities and obligations, shall divide the proceeds thereof among, -and distribute in kind, at valuations made by them which shall be conclusive, all other property then held by them in trust hereunder to, the Owners according to their respective percentages of beneficial interest hereunder; and making any sale under this provision, the Trustees shall have the power to sell or vary any contract of sale and to resell without being answerable for loss, and for said purposes, as may by their performance thereof be shown to be in their judgment necessary or desirable in connection therewith. The powers of sale and all other powers herein given to the Trustees shall continue as to all property at any time remaining in their hands or ownership, even though all times herein fixed for distribution of trust property may have passed. CONSTRUCTION AND INTERPRETATION In the construction hereof, whether or not so expressed, words used in the singular or in the plural respectively include both the plural and singular, words denoting males include females, and words denoting persons..3:ricl.ude individuals, firms, associations and . 21 the subject matter or context. The cover, title, headings of different parts hereof, the table of contents, and the marginal notes, if any, are inserted only for convenience of reference and are not to be taken to be any part hereof or to control or affect the meaning, construction, interpretation, or effect hereof. Al the trust, powers, and provisions herein contained shall take • effect and be construed according to the law of the Commonwealth of Massachusetts. Executed and sealed as of the day and year fi t above written. atherine E. Tri lane ier COMMONWEALTH OF MASSACHUSETTS Nantucket,ss ~~~~"~~ C3 ,1997 Then personally appeared the above named Catherine E. Tripp and acknowledged the foregoing instrument to be her free act before me, Notar is ~GSf.~Icr~,,, G~,•~~ My mission Expires: ~ O '.3G L~3 COMMONWEALTH OF MASSACHUSETTS Nantucket,ss Then personally appeared the above-named Diane Viera and acknowledged the foregoing instrument to be her free act and deed, before me My Commission Expires: l~ ~~ .~a • zuxs3 Not ublic ~~'C~ ~tc. ~~~~ 22 400 0 400 800 Fcet y' w y1 t~t . ~ ..). L'.. ..t / _Yf. . :I1 .~',Yt~ t.°'T~-~.y{~ 'JS!.!1~. J' . ~... .Z rat r. `., .. p - ~ ~ ~.: ~' ~fy - ~~~ ~~: O i1NG ~ -~ LOT 3 1" - "~ ~ ~ N~ ~ ~` L~ONA id. TRIPP / `"-~ L.C. PUW , Na 370si8~9. LOT 2 ~c `L1v: ~-CERT. No: 12259 ~ 3 t#'MIiP -~. PCL 51.2 - ' ~ ~; . ~~, N/F'... C . CATiiERINE E. ~r:. • ~RIPP. , _ LC. PLAN Na X37096-8.: N ~ - . ,2g, l ~-~ ~ MAP 80. PCI. 51e3 ~~-.~:~ - N'' 'A 'S n ~ ~ ` LOT' 6 ~ / / ~ ?5 ~4' c~/DH 199.663. sq. ~ ft. / / / ~ _ 4.58 acres / / t~t9 ~ ~• c~ ~` ~ / / ~/ / W/ DISK N CR8 i.~'~ ~ / / ~ W/ DISK / // / M // / / / d. OTC 6p ~ 61 ~. - / / / ,,~ cV LOT 5 _ ii ~m 1.899. sq. ft. ~ / / _~ 2.10 acres / / / ~I °o` l l i ~' i~JJ/// o~ / / /. d ~ -J' '-: ~q: ft. ,~'~„ ~~e' a ,~ ~~ .. ' . ~f'c ~ ~ f ,~~ /a o r(_ 3~IBDIVISION PLAN OF LAND IN NANTUCKET John J. Shugrue Inc., Surveyors December 22, 1981 37096 B , I Y Po/i/cI /. Mc Gro/A ~ C. C. No. /lG Jb'A--Crr/. No. 7 937 PROPR/ETORS N t/° 00' 1!' C /Sl.AO widt/ ROAD ~ -- _ ! m ti q A ,o ; ® ` h . D£TA/L h• • '~ '~ (No/ to Sre/• / ~p `; ~ b ` a .t a o ,h ~ I C1 I 4 \- 4 N70 °/x.74 E• ~ ! ~\ f ' O c ~ - 10.00 •' ~ ~ 3 : II I = ` e :I~B` r A425~ ,/•.OJ C.B.. I S°~~El+„ a C.B. ` .'~ ' !'!'wiles. `V ` ~ E ~ o O ~ , N70°/S%J~ ~e O b ~ W , ~ ~ ., :~ ~ - P9o.s4 - ~ ~-, '! ~ a w N 10°/S'/J E ~ o O ~ q ~ O ti 4 /~ ~ ~p ~ 1/ ~ Vj rso.•. --- ~ I , ~ r9o.es :, ~ ~ h e ~ b LA. -• b ^ ~ C.B. ~•S10°/SIJ~W q ~ C e ,. • " j ~' :4 ~ ~ ; ~ Z ~~ E ~+ ~ ~ : ~ 4 r 0 ~0 /~ - `~w Tiww NNww/rcto/ ti 2 F.Lt)- T ~ o ~.OOo NE'/nBo~ rwl~ b 4 ~ f NZO°/J~IJ'E ~O '!-- lon ai ~ .~. ~ 4 ~ rye h '°- ~~~ t68.6? ~~d- ~ w s.A.ce. s zi•o 19 w d. c.d. SOUTH SHORE /66•~ w~ / ROAD C. C. No. I01l9 / Ptwdlw0l Subdivision of Land Shown on Plan 37096A Filsd with Cert. of Title No. T709 Registry Distriot of Nantuatcet County Abutters are shown as on original decree plan. Separate certirKates of of/e may be issued far /and shown/knrn ss~Qtt.[./ArX-t--------------------- BI' the Cotrt. Cq~i oF~+ ~dN+n [AND REG/STRAY/ON OFF/CE ,~,~ ~ - 7n ~ A/AY ~ /9et MAY _ ~-/9BP - - - Scik dfNsdart / O hrf to wn with ~----it -----------• ---- - ¢ ~,- - /" yam,,- ffet r. L or/r A. Moon, J6r Corot F..u LGl3•Jr If00. /J1 ~ ~ ~ ~ ~ . ,P- lUs~ ~7 :J .~. '}I,i. l,. ,': i' i i,~; I j~ I,~ ,, i. '~ y `~ i j; ) i ii i '!'ff!I ~'~ ~~i , I;; ~' '~i i ~~ . -----~ ,7~/~~J ~,~320 • ' , ~~ ~ M O/ACMV/tTT• OVRCWM O~~O /M011T /OIIM aNOtWpyAy al X =s I, THOMAS F. SHANNON, of 1055 Thomas Jefferson Street, Washington, District of ~pj soar ~lff~a~au>a1 tlp `L: bp~cs»s~asXsd, for eoasIderadoa paid, and in full consideration of S 1.00 •~ graatsto BARRY EVANS PAULSON and GERALDINE A. LETOURNEAU, as joint tenants witA a right of survivorship, of P. 0. Box 206, Siasconset, Massachusetts 02564 with gttt2tlaltn tmrett~ all my right, title and interest in and to--------------------------------------=~ thelaadla Nantucket Town and County, Massachusetts, situate on South Shore Road, d bounded and described as folloxs: ~ lDescdprlon ud eecumbnacn. u b11 ^ NORTHEASTERLY by the line of a private way, 239.88 feet; EASTERLY by the curved line of said private way, having a length of 39.23 feet and a radius of 25.00 feet SOUTHEASTERLY by South Shore Road, 314.33 feet; SOVfHWESTERLY by land of Augusto C. Ramos et ux, 240.84 feet;y and r~ NORTHWESTERLY by land of James A. Cooper et al, 340.18 feet. '• ' Being shown on plan of James A. Cooper, Sylvia Howard and Paul Bixby, dated February 20, 1980, recorded in Book of Plans No. 20, Page 101; at the Nantucket Registry of Deeds. Said land is shown as Lot 2. _: :~_ Said-ps~aperty 5s; subject Lo a thirty i39) foot wide sewer eues>ent Ysmning along itst NbrtM+es[erly boundary as sha+n an said plan. For my title see Deed of Sylvia D. Howard et sl, recorded in Book 175, Page 206 at the Nantucket Registry of Deeds. +. ~{~~ .......n!Y_ head and seal this.._'"'-/~l~~~y °iT!ll~ `~~ ~` -19 ~ NANTUCK -_ ` ._..._.___._. ~~iaMns~ F: sxninaoiu--- @7' COUiVj~ ~ lr k Received and Entered ~ Attest ~.. qq~p THE DISTRICT OF COL!7h!BIA -c fEB,9 ~~1 ..~i4aXL~~~~(~~ `~ 19~ 3, S6 M ss. Janv~y Regts!cr Thrn personally appeared the above named Thomas F. Shannon :~'~~ 6Md ackneNledged the foregoing iastrumrnt to be his free act aad deed, before me r T= ~ otu7 puS,k - Jam- ~~ ~ ,)•'~ ,'v `-.I ti7 commi~.ian eapiro ~~i ~ ~ ~ U 1~. , ('Individ•ul -'oint Tcnrltts -Tenants in Cermon.) CHA?TFA IBS S~C. 6 AS ti~:T:.'r'D°..D 9Y CHAPYF:t !97 OP 1959 d ~~ °_~e dead pmmted foe record ~haL' corta:n Ot have endorsed upon It the full name, ttl:ce:t[e and post o.'Sce Ko~ ~ (orda ec:i c ©onetar7 iumeTt:eafalllco.viden•io.~ ~h=11^^tran ~ r mtal pr ce to•at`et ecn e7~n¢ w~M ut~^d ~ ~ ~P~ ~~~ CJGi GGl 1777 1f>1 :JUOLLOl G.JO IVHIVIU~.~~Gi ~LI-11 vIV11vV r.-'VL O1 ! M f~ _ , ~ai~~. NANTUCKET PLANNING g0AR0 MODIFICATION OF TRIPP DRIVE SUBDIVISION PLANNING 80AR0 FILE #2310 February 10,1999 The Planting Bo~-rd of the Town of Nantucket, at its February 8, 1999 meeting, considet+ed an application by Dennis E. and Stephanie Dias to modify the conditions of the decision approving the Tripp Drive subdivision. This subdivision `.vas approved on January 25, 1982. The Board hereby APPROVES the requested anodification based upon the fuidings and conditions as follows. MODIFICATION REQUESTED The applicants sek to remove the following condition From the decision: "f. 'il~at a provisi~~n be included in the covenant which makes it clearly understood that lot 1 cannot be buih upon wader cutxoiat zoning and that the restriction be included on all docds out and shall survive the normal release procedures under Section 81-U" (letter to Ernest E. & Catherine E. Tripp from Donald T. Visco dated January 26, 1982); and modify the covenant by deleting the following condition: "4} It is agreed ar-d understood that Lot one on said plan cannot be built upon under current zoning regulations, and the approval and endorsement of this plan by the Planning Board is not to be construed as making Lot one a buildable lot". FINDINGS The Board acknowledges that the applicants have voluntarily offered to restrict the use of Lot l to one singly family dwelling S-nly .The Board notes that the applicant's property and surrounding ncighborhood is located in the Limited Use F3eaeral-2' (LUG-2) totting district, which requires a minimum lot size of 80,000. square feet. The Board finds that with the proposed single-family home restriction, the density of the applicant's lot will be consisterrt with ttKat of the surrounding neighborhood- This finding is based upon the detertni~oation that surrounding lots aavc no r+ostrictions regarding second dwellings and, therefore, have the potential to contain one dwelling unit per 40,000 square feet, equivalent to the applicant's proposal. The Board rcvie~~ed a map of the area and noted the fact that there are a mixture of lot sizes in the general vicinity and an area of one acre lots inclose proximity to the applicants property. The Board fords shat the applicants must seek a variance froth the Zoning Board of Appeals (ZBA) to validate the ability to con;~truct a dwelling Since the applicants' lot, at 44,476 square feet, is defecietrt as to the minimuxtr required area. 1 t~s$ Ctresttrut Sheet • Nantucket. MA 02554 • (508) 228.728$ • fax (SOa) 228-7236 eme-il: nanplan~nautuoket.net VL/ LLB 1 JJJ l ~ . Jl JV VLLV ~ LJV The Board is uacker about tho purpose of inidaUy creating the unbuiklable on~acre parcel at the entrance to the subdivision. The Board assumes dial it was created a9 a buffer area and because it may have been assumed by the original devo}:oilers oo be unusable due to the fact drat the Town of Nantucket sewer line ttms beneath the Land. There is cvidonce in the Plati~nii~iig Board files drat there was a significant amount of confusion roga:ding the status of the sewer line, as it had historically been utilized as an unofficial roadway. Tho Board finds that adjacent property has not created similar size buffers along South Shore Road and, therefore, this patxern is not useful at this location. The Board also finds that the sewer bed is a thirty-foot wide easement that aff:cts the property but does not render die lot of ao use. The Board notes the original subdivider received no density bonus for setting aside this land (as in a cluster subdivision) and that tht escalating cost and lack of available land on Nantucket would likely preclude such a decision today. oEClsloN The Board hereby approves the applicants' request m delete condition "f" and remove the necessary language from the covenant subject to the following conditions: l) The applicants receive a variance from the Zoning Board of Appeals (ZBA) and record such document with this decision end; 2) The applicants record an amuidment to the covenant with the following restrictions: •A restriction limiting Lot 1 to asingle-family dwelling only and prohibiting any other dwelling unit, inetudin~ a secondary dwelling, accessory apartment, or garage apartment &oni the subject tot and; •A restriction lirp~iting all vehicular access for Lot 1 to Tripp Drive only and preventing access and/or curb cuts from South Shore Road onto Lot 1. The Board tequir~ss that the above documents bo submitted, in a form acceptable to the Board, within 90 days of the lapse of the twenty-day appeal period of ZBA decision (if approved) or from the final date of any other judicial procccdi~tgs. All remaining conditions of the original Tripp Drive subdivision decision shall remain iui full force and effed_ Duly this,` day of ~21~u~%~r , 1999. NANTUCKET, SS bR l 2 1999 Then personally appeared Sd~1n ~c C~~'t ,one of the above-named members of the Planning Board of Nantucket, Massachusetts grid acknowledged the foro-going instrument to be hisTher free act and deed before me. ,r Notary Public My Comuoaission Ecpires: ~LLEEI'll 00NN~LY NOTAF~Y pl~G ~~~,Mry t5, 2006 COMMONWEALTH OF MASSACHUSETTS RECEtYED Towel cl.~lcs oFFtCE Ivalvrucla:r, Ma o2s5a ~B 16 1999 a3~~ CLERK: [~pD TOWN OF NANTUCKET ZONING BOARD OF APPEALS /r ~~- - -_~_. ~, _ - %JC ~ 2 i'; :,~ ~,; , ~,~~;~ LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF `''- ~ J~ PROPERTY OWNER:. .. .~.~.(!:~~.~Q.~~~^!..~-7 . ...................................... MAILING ADDRESS:.....: ~ . ~. ~x.....:l.I ~ ....... .........'~ . ~ :-.. ~y PROPERTY LOCATION:....... ~.~-.1........Z..'t"~I..PP..I~~r U~ ASSESSORS MAP/PARCEL :.............8 ................. s ...................................... SUBMIT'T'ED BY :.................................................................................. SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within three hundred feet of the property line of owner's property, all as they appear on the most recent applicable tax list. (M.G.L. c. 40A, Section 11 Zoning Code Chapter 139, Section 139-29D (2) ). Q .......1...3........9...... DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET 01/13/99 TOWN OF NANTUCKET 08:32:08 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location. 0080 00512 TRIPP LEONA M PO BOX 911 0004 TRIPP DR NANTUCKET MA 02554 0080 0051 STRANG DORIS CATHERINE 0008 TRIPP DRIVE 0008 TRIPP DR NANTUCKET MA 02554 0080 0052 VISCO DONALD T & PHYLLIS J PO BOX 1081 0053 S SHORE RD NANTUCKET MA 02554 0080 0045 *GUAY JOSEPH M TRUSTEE PO BOX 1294 0071 S SHORE RD SISTERS REALTY TRUST NANTUCKET MA 02554 0080 0115 CLARK FREDERICK J & JEANNE C PO BOX 2034 0052 S SHORE RD NANTUCKET MA 02584 0080 0114 PEZZELLA THOMAS J & PATRICIA L 0215 YEW ST 0056 S SHORE RD E DOUGLAS MA 01516 0080 0113 FEE MARY K & MCGUINNESS JOHN M 0060 SOUTH SHORE RD 0060 S SHORE RD NANTUCKET MA 02554 0080 0112 THOMPSON JOANNE 0062 SOUTH SHORE RD 0062 S SHORE RD NANTUCKET MA 02554 PAGE 1 MUAS750 8.7 NUMBER OF RECORDS = 8