HomeMy WebLinkAbout067-14 40 & 42 Nobadeer Farm Rd.VAUGHAN, DALE, HUNTER AND BEAUDETTE RECEIVED
PROFESSIONAL CORPORATION 1!!'' p m
ATTORNEYS AT L" L tl ! l E C 1 I I; �3
1VHAL ER's LAxE
P.O. Box 659 T L` ! i
EDWARD FoLEY VAuoHAN NANTUCKET, i�tASSACHIISETTS 02554 1i'ILLIAM R HII�TER
I{EviN F. DALE OF COU. SEL
RICHARDP.BEAUDETTE TEL:1508V228.4455
_ FAIC15081228.3070
LORI D'ELIA
KATHLEEN L KILLOY
November 14, 2014
Leslie Snell, Deputy Director of Planning
Nantucket Zoning Board of Appeals
2 Fairgrounds Road
Nantucket, MA 02554
Re: Trade Wind Cottages Condominium
40 & 42 Nobadeer Farm Road
Nantucket, MA 02554
Dear Leslie:
On behalf of Trade Wind Cottages Condominium, enclosed is a Zoning Board of Appeals
Application with supporting documentation for your review with respect to 40 & 42 Nobadeer
Farm Road (the "Premises "). The Applicants request relief from Condition #8 in Special Permit
#21 -05. Enclosed please find the following:
1. Completed Zoning Board of Appeals Application,
2. An Addendum to the Zoning Board of Appeals Application,
3. Locus Plans from that Nantucket Tax Assessor's Map Book,
4. Certified Abutters List,
5. Two (2) sets of addressed mailing labels for each address,
6. A check for $450.00 may payable to the Town of Nantucket representing the Zoning
Board of Appeals Application fee,
7. 2006 Planning Board Special Permit #21 -05, recorded as document #114648 at the
Nantucket Registry of Deeds,
8. Plan # 2006 -79 recorded at the Nantucket Registry of Deeds,
9. Restriction granted to the Planning Board in document #118242 recorded at the
Nantucket Registry of Deeds,
1
10. Trade Wind Cottages Condominium Master Deed recorded as Document #11824' it the
Nantucket Registry of Deeds; and
11. The Deed for each condominium located 40 and 42 Nobadeer Farm Road for a total of 8
Deeds.
Please mark this matter for the December 11, 2014 Public Hearing before the Nantucket
Zoning Board of Appeals. Thank you for your help with this matter. Please feel free to contact
nee should you have any questions.
Sincerely,
Richard P. Beaudette, Esq,
RPB/BJS
Enclosures;
CC: Trade Wind Cottages Condominium
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET) MA 02554
APPLICATION
Zoning Bo -. -d of Ahoeals
NOV 17 6 a4
RECEIVED
Pee: $450.00
Giedr;us Miksys, Susan McRae, John Thomps Pile No,Z?T on, William J. Lewis, Jonathan Heneke,
Owners name(s): Robert Saunders, James Harden and Robert Dunbar, c/o
g n; Dafe, Hunter and 8eaudette, PC -----
Alaitingaddress: 2 Whaler's Lane, PO BOX 659, Nantucket MA 02554
Phone Number: 508- 228 -4455
- ---- -- E- lla;l: rick @vdhlaw.com
Applicant's name(s); Trade Wind Cottages -' Condominium �~
Mailing Address, Same as above
Plione Number: same as above
E- flail: same as above
Locos Address; 40 & 42 Nobadeer Farm Road Map 69 Parcel's 32.1 - 32.4 &
Assessor's Alap /Parcel: Map 69 P� a_ reels 33.1 -33.4
Land Court Plan /Plan Book & page /Plan File No.: 2006 -79
Dees! Reference /Ccrditcate of Title: See_ Attached Zoning District RC -2
Uses on Lot- Commercial; Node X Yes (describe)
Resideudal: Number of dwellings $ on z tots Du lex —` -- `-`
P — Apartments .
Date of Structure($): all pre -date 7/72 None_ or
Building Permit Numbers:
Previous Zoning Board Applicadou Numbers:
2 Fairgrouilds Rostd
508- 228 -7215 tele Nantucket
ueket MA$sachusetts
P 508- 228 -7298 facsimlle 02554
State betow or attach a separate addendun) ofspeci le speclal permits or Variance relief applying for;
See Attached ADDENDUM
I cortify that the infotmntion contained herein is substantially complete and true to the
bestnFmy knowledge, under tho pains and pennitics of perjury,
SIGNATURRt OwnefY
SIGNATCJ1tL;t, � Al>pllcatit /Jittor�iey�Age;tl�`
Rlohard P. Eeaudette. Esq.
*If an Agent is representing the Owner or tho-Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application recolvcd ott w_/ ,/ By: Complote:._._, Need topics:
Red with Town Clerk: / / Planning Hoard:.,/„/ 13ullding Dept.:–/–/_ By.-_,
Pee deposited with Town Treasurer;_/ /_ By:— Walvee requested: —
Granted:,_/,_/_ heahug notice posted with Town Clctk, --/ /
I &►1I._. /� /_.. /.__ /.. , Henting(s) held oia: /_/ Opened on;
Continued to;,._, /„ /,._, lltithtlrawn:,_, /,_ / Decision Due By:,,_. /—/_
Filed w /Town
2 hairgrounde ltoatl Nil ntuoket Mnaaaehueoite 02664
508.228 -7216 tclat;ir0no $08- 228.7298 fnostmtlo
ADDENDUM TO ZONING BOARD OF APPEALS APPLICATION
40 & 42 NOBADEER FARM ROAD
Trade Wind Cottages Condominium (the "Applicants "), are the owners of the properties
located at 40 and 42 Nobadeer Farm Road, Nantucket, MA 025554 (the "Premises "). The
Applicants are seeking relief from the restrictions imposed by Condition #8 of Special Permit
#21 -05, registered as document 114648 at the Nantucket Registry of Deeds.
BACKROUND
In 2005, Nantucket Properties One, LLC, and Nantucket Properties Two, LLC, (the
"Developers ") filed an application for a Special Permit with the Nantucket Planning Board to
construct 4 separate condominium dwellings on each 40 and 42 Nobadeer Farm Road, for a total
of 8 condominiums. On November 28, 2005, the Nantucket Planning Board issued Special
Permit #21 -05 (attached hereto) which authorized the Developers to construct the condominiums
subjected to certain conditions. The construction of more than 2 dwellings per lot was permitted
at the time because the parcels were located within Multi - Family Overlay District ( "MFOD ").
The MFOD was subsequently repealed on 4/2/2013 by Article 30 of the 2013 Nantucket
Annual Town Meeting. The properties, therefore are non - conforming uses with respect to the
number of dwellings per lot. As evidenced by the deeds to each condominium (attached hereto),
and Special Permit #21 -05, the dwellings were constructed prior to the MFOD's repeal, and
therefore, the Premises is pre- existing non - conforming with respect to the use of 4 dwellings on
each lot.
REQUESTED RELIEF
Special Permit #21 -05 contains several restrictions that limit the owner's use of the
Premises. In pertinent part, the use of each condominium is limited to housing for year -round
Nantucket residents or or peak seasonal (May 1 to October 30) employeesl. Accordingly that
restriction prohibits any of the condominiums from being occupied or used by any non -year-
round resident of Nantucket who is not a seasonal employee. Special Permit #21 -05 also
provides that each buildable lot shall not contain more than 4 dwellings per lot with a total of 8
bedrooms. As Premises stands today, each condominium is limited to 2 bedrooms per
condominium.
The Applicants are seeking relief pursuant to Nantucket Zoning Bylaws Chapter 139
§33(A) from the aforementioned condition so that the Premises can be occupied by someone
other than a year round resident or peak seasonal employee. The Applicants have found that
certain lenders will not lend to buyers with this restriction in place, thereby putting an undue
burden on the owners of the units. The Zoning Board of Appeals is permitted to grant the
requested relief if they "[find] that such alteration shall not be substantially more detrimental
than the existing nonconforming structure and /or use to the neighborhood. ,2
The Applicants' proposed use of their respective condominiums would not be more
detrimental to the neighborhood than they currently are if they are permitted to have the
condominiums occupied by someone other than a year- round - resident or seasonal employee. In
fact, the sporadic occupancy of the condominiums if owned by a seasonal resident could be a
less intense use on the current neighborhood. Furthermore, the Applicants are seeking to amend
restrictions in so far as the Applicants do not wish to allow weekly rentals of the Premises. The
result of such an amendment would allow each owner to their sell unit to any available buyer
who could receive institutional financing but prevent the constant turnovers associated with the
commercial use of weekly rentals.
Therefore, the Applicants respectfully request that the Board issue a Special Permit
permitting the Premises to be occupied by persons other than year round residents or peak
seasonal employees while continuing to restrict weekly rentals.
' Condition #8, Special Permit # 21 -05, issued by Nantucket Planning Board on November 28, 2005.
2. Nantucket Zoning Bylaws Chapter 139 §33(A)(1)(a)
i own ana Lounty of Nantucket
November 10, 2014
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Property Information
Property ID 69 33.1
Location 42 NOBADEER FARM RD #c
Owner YEAGYJILLM
C/O THOMPSON JOHN MARSHAL
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
The Town makes no datms and no warranties,
expressed or implied, concerning the validity or
a=faCY Of the CIS data presented on this map.
Parcels Updated July, 2014
November 14, 2014
? 55 ----7
12 6955
69
RECEIVED
BOARD OF ASSESSORS
NOV 12 2014
TOWN Or
Nt MICKET, MA
Town of Nantucket
to J32ffLof ?1Ak
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OIL;
PROkRTY OWNER —Trade Winds Cottages Condominium
., a.. a.. 11a.- ..a ............................
MAILING) ADDRESS... Hunter and Beaudetic PC , a a
PO Box 659, Nantucket, MA ..............
2554
PROPERTY LOCATION., 4AuRd,42 .t`Iohudwr.Eurtu Rwid ................ . . . .
ASSBSOR MAP/PARCEL 69/32 ;1,. 2 ; 3 & 4 and 69133. I, 2; 3 ; 4
SUBMITTED BY Richa d,P.,Dequdette, Esci:, Y�ij61�,�1> >.DP�p�.�unlei,�iiti Beauciette, PC
SEE ATTACHED PAGES
I certify that the foregoing is a list of all 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 owncra within 300 feet of the
Property Tine of owner's property, as they appear on the most recent applioable tax
list (M.G.L, e. 40A, Section I 1 and 7onring Code Chapter 40A, Section 139 -29B
(2).
TE 444 SORIS 0 F1
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69 69 69
JELLEME BARBARA A LEWIS WILLIAM J 1R & SUZANNE A VIERA ERNEST E JR
2446 BEACON ST 8 GRIZZLY BEAR CIRCLE 4 SQUARE RIGGER RD
CHESTNUT HILL, MA 02467 WESTFORD, MA 01886 NANTUCKET, MA 02554
69 69 69
JONES DUANE P 14ARDEN JAMES BLAIR & WEI FON MINIHAN GERALD & ELIZABETH E
41 NOBADEER FARM RD C/O KURSINA PETER 16 SOMERSET LANE
NANTUCKET, MA 02554 79 BEACON STREET NANTUCKET, MA 02554
BOSTON, MA 02108
69 69 69
JONES DUANE P ETAL TRST DUNBAR ROBERT J & JENIFER A SANTOS PATRICIA TRUSTEE
41 NOBADEER FARM RD PO BOX 3217 TOES -CO NOMINBE TRUST
NANTUCKET, NIA 02554 NANTUCKET, MA 02584 NO BOX 789
SIASCONSET, MA 02564
69 69 69
MOREIRA JOAO C & JOBLMA S OSONA RAFAEL E & GAIL E TUTTLE E SANFORD ETAL TRS
PO BOX 3102 PO BOX 2607 T& R REALTY TRUST
NANTUCKETE', MA 0.2584 NANTUCKET, MA 02584 2 GREGLEN AVE 399
NANTUCKET, MA 02551 -2830
69 69 69
NANTUCKET PROPERTIES LLC CROWL13Y SEAMUS M & GENNARO BANK OF NEW YORK MELLON
137 FOREST STREET 18 DAFFODIL LANE CIO BANK OF AMERICA
SHERBORNE, MA 01770 NANTUCKET, MA 02554 7105 CORPORATE DRIVE
PLANO, TX 75024
69 69 69
MIKSYS CIEDRIUS ETAL CROWLEY SEAMUS M & OENNARO MOORE KIM LARUE
40 A NOBADEER FARM RD 18 DAFFODIL LN P 0 BOX 444
NANTUCKET, MA 02554 NANTUCKET, NfA 02554 NANTUCKET, MA 02554
69 69 69
MCRAE SUSAN CROWLEY SEAMUS M & GENNARO GIFFORD WHITNEY A TRST
74 JERRICHO RD 46 NOBADEER FARM RD TIDAL CREEKS REALTY TRUST
WES'TON, MA 02493 NANTUCKET, MA 02554 PO BOX 2981
NANTUCKET, MA 02584
69 69 69
TIENEKE JONATHAN D & GINA MARIE CROWI.EY SEAMUS M & GENNARO COLLINS CRON#N & CORCORAN LLC
42 E NOBADEER FARM RD 18 DAFFODIL LN 18 UPLAND WAY
NANTUCKET, MA 02554 NANTUCKET, MA 02554 MATTAPOISETT, MA 02739
69 69 69
SAUNDERS ROBERT A & DEBRA A AI GARAGE LLC MACDONALD CHARLES TRUSTEE
28 SAMOSL'T AVE 133 ORANGE STREET ARROWHEAD REALTY TRUST
BARRINGT'ON, RI 02806 NANTUCKET, MA 02554 $55 RODMAN ST
FALL RIVER, MA 02721 -4286
69 69 69
YEAGY JILL M TUTTLE E SANFORD III ETAL TRS GLYNS MARINE INC
C/O THOMPSON JOHN MARSHALL T & R REALTY TRUST PO BOX 2858
PO BOX 3,164 2 OREOLEN AVE 399 NANTUCKET, M.A. 02584
NANTUCKET, NIA 02584 NANTUCKET, MA 02554 -2830
69 69 69
GLYNS MARINE INC CHITESTER MARK & SHERRY KOTALAC MARSHA A
PO BOX 2858 PO BOX 3027 PO BOX 1467
NANTUCKET, MA 02584 NANTUCKET, MA 02584 NANTUCKET, Iv1A 02554
69 69 69
NOR'T'H ATLANTIC DEVELOPMENT LLC FEINSTEINN RICHARD KOTALAC MARSHA A
130 OLD SOUTH RD 24 DILLION WY PO BOX 1467
NANTUCKET, MA 02554 WASHINGTON CROSSNO, PA 18977 NANTUCKET, MA 02554
69 69 69
CHAMPOUX LANDSCAPE REALTYTR MITCHELL CARTER K SHARKEY KENNETH' J
CIO JESSIE M GLIDDBN TRST 2 TEASDALE Cl 34 NIXON RD
PO BOX 3195 NANTUCKET, MA 02554 FRAMINGHAIVI, MA 01701
NANTUCKET, MA 02584
G9 b9 69
DARK HARBOR INC YATES TONY & LINDA TRUSTEES JONES DUANE P ETAL TRST
142 OLD SOUTH RD HTZ REALTY TRUST I NOBADEER FARM RD
NANTUCKET, MA 02554 PO BOX 3040 NANTUCKET, MA 02554
NANTUCKET, MA 02584
69 69 69
PORTER JULIET COLLETTE TIMOTHY JONES DUANE P ETAL TRST
9 TEASDALE Cl UNIT I C!0 JILL YEAGY 4 YAWKEY WAY
NANTUCKET, MA 02554 P 0 BOX 717 NANTUCKET, MA 02554
NANTUCKET, MA 02554
69 69 69
BISTANY CHRISTOPHER NANTUCKET OLIVER 88 LLC JONES DUANE P ETAL TRST
9 TEASDALE Cl UNIT 2 20 TEASDALE Cl 6 YAWKEY WY
NANTUCKET, MA 02554 NANTUCKET, MA 02554 NANTUCKET, MA 02554
69 69 69
DARK HARBOR INC OAK HILL INVESTMENTS LLC JONES DUANE P ETAL TRST
P 0 BOX 1382 2 ANGELI, ST UNIT 3 5 YAWKEY WY
NANTUCKET, MA 02554 PROVIDENCE, RI 02903 NANTUCKET, MA 02554
69 69 69
DARK HARBOR INC. JONES HELAINA N1 JONES DUANE P BTAL TRST
P 0 BOX 1382 41 NOBADBBR FARM RD 3 YAWKEY WY
NANTUCKET, MA 02554 NANTUCKET, MA 02554 NANTUCKET, MA 02554
69
ALGER SARAH F TRUSTEE
7 TEASDALE CIRCLE NOM TRUST
TWO UNION STREET
NANTUCKET, MA 02554
69
TONKIN ROBERT R & JOHNNA R
PO BOX 996
NANTUCKET, MA 02554
69
KOTALAC MARSHA A
PO BOX 1,167
NANTUCKET, MA 02554
69
KOTALAC MARSHA A
PO BOX 1467
NANTUCKET, MA 02554
L
Cart: 21917 Doc: BP
Reglatered; 12/2312005 11:41 AM
114648
Nantucket Planning Board
Multi - Family Special Permit Decisia'ta
Planning Board File #21 -05 i
40 Nobadeer Farm Road
Owner: Nantucket Properties One, LLC
Applicant: Holcomb Designs
Lots 4 shown on Land Court Plan #14342 -H
Certificate I of No. 21918
Parcel 32 on Nantucket Tax Assessors Map 69
42 Nobadeer Farm Road
Owner: Nantucket Properties Two, LLC
Applicant: Holcomb Designs
Lots 5 shown on Land Court Plan #14342 -H
Certificate of Title No. 21917
Parcel 33 on Nantucket Tax Assessors Map 69
November 28, 2005
The Planning Board of the Town of Nantucket held a public hearing at its October 24, 2005 and November
,28, 2005 meetings regarding a request for a Multi- family Special Permit. The applicants' request would allow
the construction of eight (8) separate dwellings on two (2) separate lots on property at 40 and 42 Nobadeer
Farm Road.
Proposal
The site is currently vacant and is substantially wooded. Eight (8) new dwellings will be constructed, each
containing two (2) bedrooms. The total number of bedrooms on the site will be sixteen (16). According to the
Zoning Bylaw, one (1) dwelling unit per 2,500 square feet of lot area shall be permitted up to a maximum of
either four (4) dwelling units or eight (8) bedrooms, whichever is greater. Each lot included in the application
is approximately 12,000 square feet in area, therefore the total site is approximately 24,000 square feet in area.
Ten thousand (10,000) square feet per lot is required for the number of dwelling units proposed.
Access to the site will be through a common driveway constructed of a combination of Belgian block, asphalt,
and crushed stone. A beigian block apron will be constructed at the driveways intersection with Nobadeer
Farm Road. The apron will extend from the edge of the existing pavement to a depth of approximately twenty
(20) feet behind the property line where it will transition into an asphalt driveway. The asphalt will extend to a
point where the driveway forms a `T ", at which point the remainder of the driveway and all of the parking
spaces will be constructed of crushed stone.
Zoning Bylaw section 139 -18 requires a total of twelve (12) parking spaces (75 spaces per bedroom). The
proposed site plan indicates two (2) parking spaces for each unit, some of which are garage spaces. "There is
additional space within the parking area for compact parking spaces, although these are not included in the
parking requirement.
Bast Chestnut Street Nantucket Massachusetts 02554
508.228.7233 telephone 508.228.7298 facsimile
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114648
Drainage for the proposed multi- family development is proposed to be handled through the use of catch
basins, water quality tanks, and leaching basins.
Basis for Findings
The Planning Board evaluated this application in accordance with Zoning Bylaw sections 139 -8, 139 -12,
139 -18, 139 -19, 139 -23 and by reviewing the submitted site plan on which the proposed structures were
indicated. Planning Board public hearings were held on October 24, 2005 and November 28, 2005, at which
times the Planning Board heard testimony from the applicant and the public. The Planning Board closed the
public hearing on November 28, 2005.
Findings
a. 'I7ie Planning Board finds that the Applicant's site plan is substantially in compliance with the Minor
Site Plan Review Required Contents, Review Objectives, and Performance Standards, as specified in
section 139 -23 of the Zoning Bylaw. This finding is made after review of the site plan by the
Planning Board and its staff,
b. The Board finds that the applicant will fulfill the housing provisions of Zoning Bylaw section 139 -8C
by restricting the dwellings to either year -round occupancy or peak - seasonal employee occupancy;
c. The Board finds that the parking requirements of section 139 -18 of the Zoning Bylaw have been
exceeded by the provision of two (2) parking spaces per dwelling unit;
d. The Planning Board finds that the proposed structures and uses are in harmony with the general
purpose and intent of the Zoning Bylaw and meet the objectives of the Multi- Family Overlay District;
and
e. The Planning Board funds that a twenty -four (24) foot aisle width is unnecessary for the use and
intensity of the proposal. The twenty (20) foot aisle width as indicated on the proposed plan is
adequate for the residential use of the site.
Decision
Based on the aforementioned findings, the Planning Board, on November 28, 2005 voted 5 -0 to close the
public hearing and to APPROVE the above - referenced Special Permit which shall be subject to the following
conditions:
1. That the applicant is granted the following waivers from the Nantucket Zoning Bylaw:
a. 139- 18A(3)(a) Aisle Width
Waiver Granted — to allow the aisle width for ninety (90) degree
parking to be reduced from twenty -four (24) feet to twenty (20) feet;
2. That the applicant shall submit to the Planning Board a common driveway easement prior to the
issuance of any Building Permits. The driveway easement shall be filed with the Nantucket Registry
of Deeds prior to submission to the Planning Board;
3. That the applicant shall obtain a Certificate of Water Quality Compliance from the Wannacomet
Water Company prior to the issuance of any Building Permits;
4. That the site plan and drainage plan shall be endorsed by the Planning Board prior to the issuance of
any Building Pemuts;
5. That the project shall substantially conform to the Planning Board endorsed site plan, except for
minor building adjustments which may be required by the Historic District Commission. Any further
applications, including those for building permits, shall reference the approved site plan and any
modification of said plan shall require a public hearing;
6, That the applicant submit an Operation and Management Plan for the proposed drainage system.
Said plan shall be submitted to the Planning Board prior to the issuance of any Building Permits and
shall be included in the Condominium Association documents which shall be presented to die
Planning Board prior to the issuance of any Cettificatcs of Occupancy;
7. That a maximum of four (4) dwelling units and eight (8) bedrooms shall be permitted per lot;
8. That a covenant, with enforcement powers granted to the Town of Nantucket, shall be filed at the
Nantucket Registry of Deeds referencing the subject site and limiting the housing to (a) year round
occupancy, (b) peak seasonal (May 1 to October 30 or any put thereof) employee housing and by
prohibiting occupancy of use by any other non -year -sound residents in accordance with the definition
of transient residential facilities or otherwise. A copy of the filed covenant shall be presented to the
Planning Board prior to the issuance of a Certificate of Occupancy for any individual unit;
40 and 42 Nobadeer Farm Road . Decision
2of3
114648
9, That the applicant has volunteered to grant to the County of Nantucket a ten (10) foot bike
path /sidewalk easement along the Nobadeer Farm Road frontage. Said easement shall be in
accordance with the plan entitled "Nobadeer Farm Road Sidewalk Right -of -Way Exhibit A Plan"
prepared by Blackwell & Associates, dated November. 19, 2003 and shall be filed with the Nantucket
Registry of Deeds. A copy of the recorded easement shall be presented to the Planning Board prior
to the issuance of any Building Permits;
10. That all future landscaping at the driveway entrance shall be limited to low growing plant material not
to exceed three (3) feet in height and
11. 'That Certificates of occupancy for individual dwelling units may take place independently of each
other, provided that Planning Board staff determines the level of infrastructure installed is sufficient,
Prior to the issuance of a Certificate of Occupancy for the final two (2) dwelling units, all site
improvements shall be installed in accordance with the approved plan.
Record of Vote
On November 28, 2005 the Planning Bo;
L detision,
dl�
Donald T. V' co
j cLaughlin
G.
Nantucket, SS
trd voted 5 -0 to APPROVE this special permit and END ORSE this
�r
S a Howard
jo t agley
CO NIMO N WEALTH OF MASSACHUSETTS
t t
On the A day ofxXxbe1�0 —� /2W5, before me, the undersiVied noury public,
personally appeared ,L bg*u tU4 4 one of the abovc-mmed mernbers of the Planning Board of Nantucket,•
Musachusetts, personally known to me to be the person whose name is signed on the preceding document; and acknowledged that he /the
signed the foregoing irutnunent volwrtnnly for the purposes therein expressed. LESLIE ERIN WOODSON
01 t Public
AI ammanweaM of Mmsac
husett
Notary Par lie My Commission Expires My ComrMssloR Fxplres
December 22, 2011 .
r r
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40 and 42 Nobadeer farm Road - Decision
DEC 2 3 2005
ATTEST: A TRUE COPY
NANTUCKETiOWN CLERK
3of3
114648
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L41V49 SURWMRS Ma AFL. (781) 246-2090
UNIT F - FIRST FL 0 OR
FIRST F1 OOR AREA = 659 S. f,- TOTAL UNIT AREA = 1, 797 S. F
CEILING HEIGHT = 8.17'
NOTE • FIRST FLOOR AREAS DO NOT INCLUDE STAIRCASES.
I CERTIFY THAT THIS
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LAND SURVEYORS M. (781) 246 -2800
UNIT F - SECOND FL OOR ATT /C
SECOND FLOOR ARfA = 484 S.F.; TOTAL UNIT AREA = 1,797 S F.
CEILING HEIGHT = 8.81
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AT 8UL91NG F AT 7R40£ WINO COTTAGES CONX4JINI11,W' NANIUCK£T, Q C£RT1FY THAT THIS PLAN t
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UNIT G - BASEMENT
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CEILING HEIGHT = 7.9'
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CML ENGINEERS & WAKEF /ELL, A0-5S. 01880
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LAND SURVEYORS A,-L. (781) 146 -1800
UNIT G - FIRST FL (9 OR
FIRST FL OOR AREA = 655 S. F.; TOTAL UNIT AREA = 1,796 S. F.
CEILING HEIGHT = 8-21'
NOTE: FIRST FLOOR AREAS 00 NOT 1NCLU0E STAIRC4SES.
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REVISED.• SEM.' 25, 2005
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LAND SURVEYORS M. •(76I) 246 -2800
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AT BUmmw H AT 'TRADE WSNO COTTAGES CONI)OVINIUM; NANTM"Mr, 0 CERTIFY rMf !MIS PLAN;,.
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-PAGE 4OF4
118242
TOWN OF NANTUCKET
MULTI - FAMILY USE RESTRICTION
Cert; 22226 1 Doo: RES
Registered: 1/06/2006 11 :25 AM
Property: 40 and 42 Nobadeer Farm Road, Nantucket, Massachusetts 02514
NANTUCKET PROPERTIES, LLC (hereinafter collectively referred t( as
"Grantor "), a Massachusetts Limited Liability Company with a mailing addres. of 137
Forest Street, Sherborn, Massachusetts 01770, being the owner of the land gen rally
described above and more particularly described as Lots 4 and 5 on Land Cour Plan No.
14342 -H, dated April 30, 1978, filed with Certificate of Title No. 6391, registe ed with
Nantucket Registry District (the "Premises'), in accordance with Section 139-S C of the
Town of Nantucket Zoning By -Law, do hereby grant with QUITCLAIM COVENANTS,
to THE TOWN OF NANTUCKET, a Massachusetts municipal corporation wi h a
principal address of 16 Broad Street, Nantucket, Massachusetts, its successors nd
permitted assigns, by and through it Planning Board (hereinafter "Grantee ") in erpetuity
and exclusively, for the purposes more specifically set forth below, a RESTRICTION on
the Premises located in the County of Nantucket, situated in the Town of Nant icket.
The terms of the Restriction, as authorized by Section 139 -9C of the To�`wn of
Nantucket Zoning By -law, as amended and authorized by law, are as follows:
A. PURPOSE: I
The purpose of the Restriction is to assure that the use of any multi-f ily
dwelling unit, as defined in Nantucket Zoning By -law Section 139 -2A, on the I Iremises
will be limited to either year -round occupancy or peak, seasonal employee liou ing and is
hereby imposed as a condition for Special Permit relief granted pursuant to Na tucket
Zoning By -law § 139- 9C(5). For purposes of this Restriction, the "peak seaso 'shall
mean May 1 to October 30, or any part thereof. Except as provided above, occupancy of
any multi - family dwelling unit by non -year round residents, as defined by Sect i n 139 -
2A of the Nantucket Zoning By -law, is prohibited. The foregoing restriction s all remain
in effect for such time as the dwelling upon the Premises are used as multi- f ily 1
dwelling units pursuant to the Special Permit relief granted. In the event the Pr mises are
no longer being used for purposes of multi - family dwelling units pursuant to We Special
Permit relief granted, Grantor or its successors or assigns shall notify the Nant cket
Planning Board of such cessation of multi - family use and the Planning Board will, after
inspection of the Premises, remove the restriction by filing with (lie NantucketlRegistry
District of the Land Court a release of this Restriction.
B. GRANTOR'S COVENANT:
Grantor covenants that it will manage and maintain the Premises in ac rdance
with this Restriction,
I
r
E
118242
C, BREACH:
In the event that a breach of this Restriction by the Grantor or by a third party
comes to the attention of the Grantee, such breach will be considered a violation f the
Nantucket Zoning By -law and the Grantee shall have the right to enforce the provision
hereof and take any other action authorized by § 139 -25 of the Nantucket Zoning By -law.
D. LEGAL REMEDIES OE THE GRANTEE:
The rights hereby granted shall include the right to enforce this Restriction by
appropriate legal proceedings and to obtain injunctive and other equitable relief, and shall
be in addition to, and not in limitation of, any other rights and remedies available to
Grantee.
E. DURATION:
This Restriction shall take effect upon the insurance of a special permit to the
Grantor pursuant to Nantucket Zoning By -law Section 139 -9C, which shall be recorded
herewith.
The burdens of this Restriction shall run with the Premises in perpetuity and shall
be enforceable against the Grantor and all successors and assigns of the Grantor holding
any interest in the Premises. The Grantee is authorized to record or file any notices or
instruments appropriate to assuring the perpetual enforceability of this Restriction; and
the Grantor on behalf of itself and its successors and assigns appoints the Grantee his
attomey -in -fact to execute, acknowledge and deliver any such instruments on its behalf.
The Grantor and the Grantee intend that the restrictions arising hereunder shall take effect
upon the date Restriction is filed with the Nantucket Registry District of the Land Court.
The burdens of the Restriction shall terminate upon the recording of a release of
restriction as set forth in Paragraph A.
F. INVALIDITY OF ANY PROVISION:
If any provision of the restriction shall be held invalid to any extent by any court
of competent jurisdiction, this restriction shall be construed as though such provision had
not been included in it.
G. GRANTEE'S DISCLAIMER OF LIABILITY:
By its acceptance of this Restriction, Grantee does not undertake any liability or
obligation relating to the condition of the Premises except as provided herein.
118242
H. NON - WAVER:
Enforcement of the terms of this Restriction shall be at the discretion of Grantee;
and any election by Grantee as to the manner and timing of its right to enforce this
Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to
be a waiver of such rights,
J. RULES FOR INTERPRETI —G THIS INSTRUMENT:
This instrument is to be governed by, and administered and interpreted according
to, the laws of the Commonwealth of Massachusetts. This Restriction is intended to be a
restriction in favor of a governmental body, and as such is not subject to the provisions of
Massachusetts General Laws Chapter 184 § §26 -30, Words of number or gender may be
read as singular or plural, or as masculine, feminine or neuter, as required by the context.
The section headings are included only for convenience of reference, and shall not be
interpreted to modify the terms of this instrument.
IN WITNESS WHERE OF Nantucket Properties, LLC executed this instrument
as of this '� day of October, 2006.
NANT T PROPERTIES, LLC
By:
Richard A. Sa , Authorized Signatory
COMMONWEAL'T'H OF MASSACHUSETTS
p County, ss. October ;2006
On this -day of October, 2006, before me, the undersigned notary public,
personally appeared Richard A. Savery, as authorized signatory for Nantucket Properties,
LLC, (a) _ personally known to me, or (b) I/ proved to me through satisfactory
evidence of identification which was to be the person
whose name is signed on the preceding or attached document, and acknowledged to me
that he signed it voluntarily for its stated purpose.
CLAIRE R BURROUGHS
a Notary f Public
Mai
t:ommonwaahh o! Massachusetts Otary Pub 1C
My Comm►ssbntexptas A,I23,2ot0 My Commission Expires:���a; /o
118242 ;
ACCEPTANCE BY PLANNING BOARD
We, as a majority of the Planning Board, hereby accept and approve the foregoing
Multi - Family Use Restriction.
Dated: 06k , 2006
I-Y\ A l l f b
Spriggs
D a d Visco
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
/ /o W, M 1,V—f' li , 2006
On this day of A fYlher 20 6, before me, the undersigned notary
public, personally appeared 6 q& being one of the Planning Board and
personally known to the to be the persons whose names are signed on the preceding
document, and acknowledged to me that they signed it as their free act and deed and as
the free act and deed of the Planning Board of the Town of Nantucket for its stated
purpose.
Notary Public w
Printed name:
My commission expires:;, 3AX��%V
� SIJIIJ7 �t :.••�� •,CSC .�:.
:S,iSS !!glJll'Sr J. r #iw.:r,:
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,
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'1,1'7J1 p -',�
NOT
118242
September 20, 2006
TO WHOM IT MAY CONCERN:
I hereby certify that a certificate of organization of a Limited Liability Company was
filed in this office by
NANTUCKET PROPERTIES, LLC
in accordance with the provisions of Massachusetts General Laws Chapter 156C on May 1,
2006.
I further certify that said Limited Liability Company has filed all annual reports due and
paid all fees with respect to such reports; that said Limited Liability Company has not filed a
certificate of cancellation or withdrawal; and that, said Limited Liability Company is in good
standing with this office.
I also certify that the names of all managers listed in the most recent filing are: NONE
I further certify, the names of all persons authorized to execute documents filed with this
office and listed in the most recent filing are: RICHARD A. SAVERY, JANICE S. SAVERY,
PETER A. CARO
The names of all persons authorized to act with respect to real property listed in the most
recent filing are: RICHARD A. SAVERY, JANICE S. SAVERY
Processed By:TAA
in testimony of which,
i have hereunto affixed the
Great Seal of the Commonwealth
on the date first above written.
Secretary of the Commonwealth
118242
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cart: 047 Doc. MDq MASTER DEED ('.t3ief Jusfl
Registered: 1lio$12006 11:26 AM OF
TRADE WIND COTTAGES CONDOMINIUM
The undersigned Nantucket Properties, LLC, a Massachusetts limited liability company, with a
mailing address at 137 Forest Street, Sherborn, Massachusetts 01770 (hereinafter with its successors and
assigns called the "Declarant"), being the sole owner of the land located at 40 and 42 Nobadeer Farm
Road, Nantucket, Massachusetts described in Exhibit A attached hereto and made a part hereof, by duly
executing and recording this Master Deed, does hereby submit said land together with the buildings and
improvements thereon and all easements, rights and appurtenances belonging thereto to the provisions of
Chapter 183A of the General Laws of Massachusetts, as amended, (hereinafter "Chapter 183A ") and
proposes to create, and hereby does create with respect to said premises, a condominium (hereinafter the
"Condominium ") to be governed by and subject to the provisions of Chapter 183A, and to that end
declares and provides the following:
Condominium. The Condominium will be developed as eight (8) residential single family
buildings.
2. Name. The name of the Condominium shall be:
Trade Wind Cottages Condominium
3. The Unit Owners' Organization. The organization through which the Unit Owners will
manage and regulate the Condominium established hereby is the Trade Wind Cottages Condominium
Trust (hereinafter referred to as the "Trust" or the "Condominium Trust ") under a Declaration of Trust of
even date to be recorded herewith. Each Unit Owner shall have an interest in the Condominium Trust in
proportion to the percentage of undivided ownership interest in the Common Areas and Facilities to
which his Unit is entitled hereunder. The initial address of the Condominium Trust is 137 Forest Street,
Sherborn, Massachusetts. The name of the original and present Trustee as of the date hereof of the
Condominium Trust (hereinafter the "Trustee(s)" or the "Condominium Trustee(s) ") is as follows:
NANTUCKET PROPERTIES, LLC
The Condominium Trustee has enacted By -Laws, as provided for in the Condominium Trust,
pursuant to and in accordance with the provisions of Chapter 183A.
This Master Deed and the Condominium Trust are sometimes referred to as the "Condominium
Documents ".
4. Dgscription of the Land. The land (hereinafter the "Land ") upon which buildings and
improvements to be situated is more fully described in said Exhibit A attached hereto and made a part
hereof.
In addition to the residential units, there will be a private roadway, hereinafter designated
"Driveway ", to provide access to the condominium. The Driveway shall be a Common Area as defined
herein. Provisions for the upkeep, maintenance, and use of such designated common areas are detailed in
the Trade Wind Cottages Condominium Trust filed herewith.
4.A. Description of the Buildings. The building(s) (hereinafter the `Building" or "Buildings ")
on the Land are shown on the site and floor plans recorded herewith (the "Plans ") and are described in
Exhibit B attached hereto and hereby made a part hereof.. The Condominium presently consists of the
Land and Structures erected thereon. There will be eight (8) buildings which contain eight (8) Units on
Lots 4 and 5, which buildings will be designated and described as follows:
Unit A, Unit B, Unit C, Unit D, Unit E, Unit F, Unit G, Unit H Plct(l No , Zu) -] 9
5. Designation of the Units and Their Boundaries.
(a) The Condominium presently consists of eight (8) units in eight (8) Buildings as shown on
the site plan to be recorded herewith (said units are hereinafter referred to as the "Units ").
The designations, locations, approximate areas, numbers of rooms, immediately accessible
common areas and other descriptive specifications of the Units are set forth in Exhibit C
attached hereto. The Units are shown on the certified floor plans of the Condominium
recorded herewith.
(b) Each of the Units consists of the entire residential structures and, with respect to Units C
and H, the attached garages.
(c) Each Unit includes the foundation, structural columns, girders, beams, supports, perimeter
walls, roofs, concrete floor slabs, the exterior surface of the window and door frames, and
all conduits, ducts, pipes, flues, wires and other installations or facilities for the furnishing
of utility services or waste removal which are situated within a Unit, but which serve one
or more of the other Units.
(d) Each Unit includes the ownership of all appliances, fixtures and utility installations
contained therein which exclusively serve the Unit. Each Unit also includes the ownership
of any air conditioning or heating apparatus which serves the Unit alone whether located
within the Unit or not. In the case of those utility installations which are included in the
ownership'of the Unit, but which are physically located in whole or in part outside of the
Unit, each such Unit shall have the appurtenant right and easement to use, maintain, repair
and replace such installations notwithstanding the fact that they may be located in or on the
Common Areas of the Condominium as defined in Paragraph 6 below.
(e) Each Unit shall have as appurtenant thereto the right and easement to use, in common with
the other Units served thereby, all utility lines and other common facilities as defined in
Paragraph 6 hereof which serve it, but which are located in the Common Areas or in
another Unit or Units.
(f) Each Unit shall have as appurtenant thereto the right to use the Common Areas as
described in Paragraph 6 below, in common with the other Units in the Condominium.
(g) Each Unit shall have as appurtenant thereto a right of ingress and egress to such Unit,
which right shall be perpetual.
2
(h) Each Unit includes the appurtenant exclusive right and casement to use the designated
yard areas, decks, driveways and entryways adjacent to and accessible directly from such
Unit as shown on the Site Plan and building plans and the areas labeled on the Plan as
"EUA" (the "Exclusive Use Areas "), Maintenance and repair of such yard areas, decks,
entryways and Exclusive Use Areas shall be the obligation of the Unit Owner having the
exclusive use thereof. Use of yards, decks and driveways shall be subject to all provisions
of this Master Deed, the Condominium Trust, and the Rules and Regulations pursuant
thereto. No alteration of size, configuration or appearance of such yards, decks and entry-
ways, except as provided by Declarant or in the Master Deed, shall be permitted. Any
exterior changes to the Building(s) shall be subject to approval of the Trustee pursuant to
Section 5.9. of the Condominium Trust. Any usage or furnishings of such yards, decks and
entryways must not be dangerous, unsightly or incompatible with the comfort and
convenience of other Unit Owners. The Trustees or their agents shall have an easement for
access over such yards, decks and entryways, and if necessary, through a Unit to which it
is attached, for repair or replacement to structural elements of the Building(s).
S.A. Driveway. The land shown on the site plan as the Driveway is a Common Area.
Notwithstanding any other provisions or restrictions set forth in this Master Deed or the
Declaration of Trust, the Trustees shall be entitled and permitted, with the prior approval from a majority
of the Unit Owners to:
(a) add additional structures;
(b) alter, rebuild, expand, change and/or modify the existing structures;
(c) change their uses, including, without limitation, structures, paving, landscaping and
signage in or within such Common Area.
6. Common Areas . Subject to the exclusive use rights described in section 5(i) above, the
entire premises, including, without limitation, the Land and all parts of the buildings and improvements
thereon, shall constitute the Common Areas of the Condominium. These Common Areas specifically
include, without limitation, the following:
(a) The land described in Exhibit A hereto within the Condominium Premises, together with
the benefit of and subject to all rights, easements, restrictions and agreements of record,
insofar as the same may be in force and applicable and subject to the Exclusive Use Areas
appurtenant to certain Units.
(b) All conduits, ducts, pipes, wires and other installations or facilities for the furnishing of
utility services or waste removal, including, without limitation, water, sewerage, gas,
electricity-and telephone services, which are not located within any Unit or which,
although located within a Unit serve other Units or the Common Areas, whether alone or
in common with such Unit, together with an casement of access thereto for maintenance,
repair and replacement.
(c) In general, any and all apparatus, equipment, alarms and other installations existing for
common use, including, but not limited to, heating, hot water and air conditioning
apparatus and any such equipment serving more than one (1) Unit.
(d) The Driveway constructed on the Land are part of the Common Areas. The driveway will
be maintained as private way, in perpetuity and shall not be made public ways. Snow
plowing and ice removal shall be the responsibility of the Condominium Trust.
(e) Such additional common areas and facilities as may be defined in Chapter 183A.
There is appurtenant to each Unit the right to use the Common Areas in accordance with their
intended purposes without being deemed thereby to be hindering or encroaching upon the lawful rights of
the other Unit Owners.
7. Percentage Ownership Interest in Common Areas . The percentage ownership interest of
each Unit in the Common Areas and Facilities has been determined upon the basis of the approximate
relation that the fair value of each Unit on the date of this Master Deed bears to the then aggregate fair
value of all Units in the Condominium.
8. Purpose and Restrictions on Use. The Condominium shall be used for the following
purposes and shall be subject to the following restrictions:
(a) Each Unit shall be used only for residential purposes.
(b) No commercial uses except for professional offices or customary home occupations, as
defined in the Nantucket Zoning By -Laws, shall be allowed.
(c) The occupancy of each Residential Unit shall be limited at all times to the number of
persons for which its sleeping quarters have been designed.
(d) Each Unit may only be used for year round occupancy or peak seasonal (May I to October
30) employee housing.
(e) Interior modifications that are structural may be made to any Building.
(f) No such exterior modifications to any Building may be made without the prior written
consent of the Trustees of the Condominium Trust according with section 5.9 of the
Condominium Trust, based upon the submission to the Trustees of plans and drawings for
such proposed modifications. Such modifications may not result in the Building
conflicting with the appearance, nature and character of the Condominium. The parties
performing such modifications shall be responsible for obtaining all government approvals
and permits necessary to construct such modifications, shall maintain liability insurance in
an amount satisfactory to the Trustees, and shall indemnify, defend and hold harmless the
Trustees and all Unit Owners for any loss, damage, injury claim of or to any person or to
the property of any person resulting from or arising out of any such modification. All such
modifications shall be performed in a good and workmanlike manner using new materials.
(g) Any Building may be enlarged with the approval of the Trustees, and in accord with all
local zoning and building requirements.
(h) All use and maintenance of Units and the Common Areas and Facilities shall be conducted
in a manner consistent with the comfort and convenience of the occupants of the other
Units. No Unit Owner may use or maintain his Unit in any manner or condition which will
impair the value or interfere with the beneficial enjoyment of the other Units. Unit Owners
shall not cause, nor shall they suffer, obstruction of Common Areas, except as the Trustees
may in specific instances expressly permit.
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(i) No Unit Owner shall use his Unit in such fashion as to result in the cancellation of
insurance maintained by the Trustees on the Condominium or in any increase in the cost of
such insurance, except that uses resulting in increase in premiums may be made by specific
arrangement with the Trustees, providing for the payment of such increased insurance
costs by the Unit Owner concerned.
(j) No more than one animal, either one (1) dog or one (1) cat, may be kept in any Unit. No
other type of animals or additional dogs or cats may be kept in a Unit without the prior
written consent of the Trustees, The grant of approval for a pet, if required, will not be
rescinded unless the pet is deemed a nuisance by the Trustees. Notwithstanding the
foregoing, if any pet kept as of right, or by approval, creates a nuisance, the Trustees may
require such pet to be removed at any time. Any damage or accelerated wear and tear to
the Common Areas caused by a specific pet shall be repaired at the expense of the Unit
Owner owning such pet, which expense shall be deemed a common expense and shall be
payable to the Trustees on demand by such Unit Owner.
(k) The volume of television sets, radios, phonographs, musical instruments and the like shall
be turned down after 10 p.m. until 7:00 a.m. and sounds of any kind shall, at all times, be
kept at a level which will not unreasonably annoy the occupants of neighboring Units and
will not disturb other Unit owners.
(1) No Unit Owner shall hang laundry, rugs, drapes and the like out of a Unit, from any
window, on a line or upon any of the Exclusive Use Areas or the Common Areas.
(in) Subject to subsection (s) hereof, Unit Owners may rent a Unit, but they may not display
"For Sale" or "For Rent" signs in windows of their Unit, nor may any Unit Owner place
window displays or advertising in windows of any Units.
(n) The Trustees may charge to a Unit Owner any damage to the mechanical, electrical or
other building service system of the Condominium caused by such Unit Owner, by misuse
of those systems.
(o) No noxious or offensive activity shall be carried on in any Unit, or in the Common Areas,
nor shall anything be done therein, either willfully or negligently, which may be or become
an annoyance or nuisance to the other Unit Owners or occupants. No Unit Owner shall
make or permit any disturbing noises by himself, his family, servants, employees, agents,
visitors and licensees, nor do or permit anything by such persons that will interfere with
the rights, comfort or convenience of other Unit Owners.
(p) All radio, television, or other electrical equipment of any kind or nature installed by Unit
Owners or used in each Unit shall fully comply with all rules, regulations, requirements or
recommendations of the fire insurance underwriters, or similar board, or other public
authorities having jurisdiction, and the Unit Owner alone shall be liable for any damage or
injury caused by any radio, television, or other electrical equipment in such Unit.
(q). No Unit Owner or any of his agents, servants, employees, licensees, or visitors shall, at any
time, biting into or keep in his Unit or any portion of the Common Areas or the Buildings
any gasoline, kerosene, or other flammable, combustible, or explosive fluid, material,
chemical, or substance except such lighting, cleaning and other fluids, materials,
chemicals, and substances as are customarily incidental to residential use.
(r) No Unit or any part of the Common Areas shall be used or maintained in a manner
contrary to or inconsistent with the provisions of this Master Deed, the Condominium
Trust, the By -Laws, or the Rules and Regulations promulgated pursuant thereto.
(s) Units may be leased or rented without the prior written approval or consent of the Trustees
of the Condominium Trust. All leases or rental agreements for Unit shall be in writing and
specifically made subject to this Master Deed, the Condominium Trust, By -Laws and
Rules and Regulations promulgated pursuant thereto.
(t) Except on a temporary basis, each of the parking spaces is intended to be used solely for
the parking of automobiles belonging to residents and their invitees, in accordance with the
Parking Plan and Parking Place Assignment Sheet attached as Exhibit D. The parking of
boats, trucks or recreational vehicles is prohibited. .
(u) No Unit may be partitioned or subdivided, nor combined with any other Unit, without the
express written approval of the Trustees, in their sole discretion.
(v) After initial construction, the conversion of any living or attic area into additional
bedrooms is prohibited without prior Trustee approval, and such being done in accordance
with all applicable building codes and regulations.
(w) There shall be no outdoor swing sets or play structures erected on any of the Common
Areas or Exclusive Use Areas.
Said restrictions shall be for the benefit of each of the Unit Owners and the Condominium
Trustees, and shall be enforceable by each Unit Owner and also by the Condominium Trustees. Also,
insofar as permitted by law, such restrictions shall be perpetual, and to that end, they may be extended at
such time or times and in such manner as permitted or required by law for the continued enforceability
thereof. No Unit Owner shall be liable for any breach of the provisions of this Paragraph 8, except such
as occur during his or her ownership of a Unit. There is no right of first refusal or other restriction upon
the right of a Unit Owner to sell, transfer or otherwise convey his or her Unit.
9. Reserved Rights.
(a) Notwithstanding any provision of this Master Deed, the Condominium Trust or the By-
Laws to the contrary, in the event that there are unsold Units, the Declarant and their
successors and assigns shall have the same rights, as the Owner of such unsold Units, as
any other Unit Owner. In addition to the foregoing, the Declarant reserves to itself and its
successors and assigns the rights for so long as it owns such an unsold Unit to:
(i) lease and license the use of any unsold Unit;
(ii) to use any Unit owned by the Declarant as a model and sales and leasing office for
display for purposes of sale or leasing of the Units;
(iii) to use any Unit owned by the Declarant as an office for the Deciarant's use; and
(iv) to perform any work and transact any other business on the Common Areas and
Facilities including, but not limited to Condominium property to complete the
development thereof and to facilitate the marketing of any unsold Unit,
D
(b) With reasonable notice and the opportunity of the Unit Owner to be present (except in an
emergency without notice), the Condominium Trustees or their agents shall have the right
of access to each Unit and the Common Areas appurtenant thereto:
(i) to inspect, maintain, repair or replace the Common Areas contained therein or
elsewhere in a Building;
(ii) to exercise any other rights or satisfy any other obligations they may have as
Trustees.
(c) Notwithstanding any provisions of this Master Deed, the Condominium Trust or the By-
Laws to the contrary, the Declarant hereby reserves to it and its agents, representatives,
employees and contractors the right and easement to enter upon all or any portion of the
Common Areas with workers, vehicles, machinery and equipment for purposes of
operating, maintaining, repairing, modifying, rebuilding, replacing, relocating and
removing structures and their appurtenance, utilities of every character, roads, drives,
walks and all such other structures and improvements as the Declarant shall deem
necessary or desirable to complete the development of the Condominium. This easement
shall include the right to store at, in or upon the Common Areas vehicles, machinery,
equipment and materials used or to be used in connection with said development work for
such periods of time as shall be conveniently required for said development work. This
easement shall not be construed to limit or restrict the scope of any easements granted for
the purpose of facilitating development and expansion of the Condominium under the
provisions of any other paragraph of this Master Deed or any other instrument or
document, or under applicable law or regulation.
10. Easement for Encroachment. If any portion of the Common Areas now encroaches upon
any Unit, or if any Unit now encroaches upon any other Unit or upon any portion of the Common Areas,
or if any such encroachment shall occur hereafter as a result of (a) settling of the Buildings, or (b)
alteration or repair to the Common Areas made by or with the consent of the Condominium Trustees, or
(c) repair or restoration of the Buildings or any Unit after damage by fire or other casualty, or (d)
condemnation or eminent domain proceedings, a valid easement shall exist for such encroachment and for
the maintenance of the same so long as the affected Building stands.
11. Units Subject to Master Deed Unit Deed and Condominium Trust,_ All present and future
owners, tenants, visitors, invitees, servants and occupants of Unit shall be subject to, and shall comply
with, the provisions of this Master Deed, the Unit Deed, the Condominium Trust and the By -Laws, and
the Rules and Regulations adopted pursuant thereto, as they may be amended from time to time, and the
items affecting title to the Land as set forth in Exhibit A. Each Unit Owner, including the Declarant, shall
be required to pay a proportionate share of common expenses upon being assessed therefor by the
Condominium Trust as is provided therein. The acceptance of a deed or conveyance of a Unit or the
entering into occupancy of any Unit shall constitute an agreement that the provisions of this Master Deed
the Unit Deed, the Condominium Trust and the By -Laws, as they may be amended from time to time, and
the said items affecting title to the Land, are accepted and ratified by such owner, tenant, visitor, invitee,
servant or occupant; and all of such provisions shall be deemed and taken to be covenants running with
the land and shall bind any person having at any time any interest or estate in such Unit, as though such
provisions were recited and stipulated at length in each and every deed or conveyance or lease thereof.
12. Amendments.
(a) Except as provided in paragraph 21 hereof with respect to Special Amendments, this
Master Deed may be amended by an instrument in writing (a) assented to by the Owners of
Units at the time entitled to at least seventy -five (75 %) percent or more of the undivided
interest in the Common Areas (the Trustees may certify as to such assent), (b) signed by a
majority of the Condominium Trustees, and (c) duly recorded with the Nantucket Registry
District of the Land Court (hereinafter, the "Registry "), provided that:
(i) The date on which any such instrument of amendment is first assented to by an
Owner of a Unit shall be indicated thereon as the date thereof, and no such
instrument shall be of any force or effect unless so recorded within six (6) months
after such date.
(ii) No instrument of amendment which alters the dimensions of any Unit shall be of
any force or effect unless signed by the Owner of the Unit so altered.
(iii), No instrument of amendment which alters the percentage of undivided interest to
which any Unit is entitled in the Common Areas shall be of any force or effect
unless signed by the Owners of all such Units.
(iv) No instrument of amendment which alters this Master Deed in any manner which
would render it contrary to or inconsistent with any requirements or provisions of
Chapter 183A shall he of any force or effect.
(v) Where required under the provisions of this Paragraph 12, the instrument of
amendment shall be assented to by the holders of the first mortgages of record with
respect to all of the Units.
(vi) No instrument of amendment which purports to affect the Declarant's reserved
rights to construct, erect or install common use facilities as set forth herein shall be
of any force and effect unless it is assented to in writing by the Declarant, and this
assent is recorded with such amendment at the Registry.
(vii) No instrument of amendment which would adversely affect the Declarant's right
and ability to develop and/or market the Condominium shall be of any force or
effect unless it is assented to in writing by the Declarant, and this assent is recorded
with such amendment at the Registry. The requirements for the Declarant's assent
contained in this subparagraph (a) (vii) shall terminate upon the completion of
construction and sale by the Declarant to a third party purchaser of the final Unit.
(viii) Declarant reserves the right to amend the Master Deed and the Condominium Trust
at any time and from time to time in a manner required by any Mortgagee of
Declarant, provided that no such amendment shall adversely affect the fee
ownership of any Unit Owner and his, her or its percentage interest in the Common
Areas. Any such amendment may be made without the consent of the Unit Owners
or the Mortgagees, provided that the Unit Owners and their Mortgagees shall
promptly execute a consent to any such amendments at no expense to the
Declarant.
(b) Nothing in this Master Deed or in the Condominium Trust shall be construed to require the
consent of any Unit Owner to the to the granting of an easement by the organization of
Unit Owners or the Declarant.
11 Provisions for the Protection of Mortgagees. Notwithstanding anything in this Master
Deed or in the Condominium Trust and By -Laws to the contrary, the following provisions shall govern
and be applicable insofar and for as long as the same are required in order to qualify mortgages of Units in
the Condominium for sale to the Federal Home Loan Mortgage Corporation (FHLMC) or Federal
National Mortgage Association (FNMA), as applicable under laws and regulations applicable thereto and
shall apply for the protection of the holders of the first mortgages (hereinafter "First Mortgagees ") of
record with respect to the Units and shall be enforceable by any First Mortgagee:
(a) In the event that the Unit Owners shall amend this Master Deeds or the Condominium
Trust to include therein any right of first refusal in connection with the sale of a Unit, such
right of first refusal shall not impair the rights of a First Mortgagee to:
(i) foreclose or take title to a Unit pursuant to the remedies provided in its mortgage;
or
(ii) accept a deed (or assignment) in lieu of foreclosure in the event of default by a
mortgagor; or
(iii) sell or lease a Unit acquired by the First Mortgagee through the procedures
described in subparagraphs (i) and (ii) above.
(b) Any party who takes title to a Unit through a foreclosure sale duly conducted by a First
Mortgagee shall be exempt from any such right of first refusal adopted by the Unit Owners
and incorporated in this Master Deed or the Condominium Trust.
(c) Any First Mortgagee who obtains title to a Unit by foreclosure or pursuant to any other
remedies provided in its mortgage or by law shall not be liable for such Unit's unpaid
common expenses or dues which accrued prior to the acquisition of title to such unit by
such First Mortgagee;
(d) Except as provided by statute in case of condemnation or substantial loss to the Units
and/or Common Areas of the Condominium, unless at least sixty -seven (67 %) percent of
the First Mortgagees (based on one (1) vote for each first mortgage owned), and Owners of
Units (other than the Declarant, sponsor, developer or builder) have given their prior
written approval, the Trustees shall not:
(i) by any act or omission, seek to abandon or terminate the Condominium;
(ii) change the pro rata interest or obligations of any individual Unit for the purpose of:
(a) levying assessments or charges or allocating distributions of hazard insurance
0
proceeds or condemnation awards, or (b) determining the prorata share of
ownership of each Unit in the Common Areas;
(iii) partition or subdivide any Unit; or
(iv) by any act or omission seek to abandon, partition, subdivide, encumber, sell or
transfer the Common Areas , provided that the granting of easements for public
utilities or for other public purposes consistent with the intended use of the
Common Areas shall not be deemed an action for which prior consent of the First
Mortgagees shall be required pursuant to this clause; or
(v) use hazard insurance proceeds on account of losses to either the Units or the
Common Areas and Facilities for other than the repair, replacement or
reconstruction thereof, except as otherwise provided in Section 5.6. of the
Condominium Trust which contains provisions dealing with substantial losses in
conformity with the requirements of Section 17 of Chapter 183A.
(e) Consistent with the provisions of Chapter 183A, all taxes, assessments and charges which
become liens prior to a first mortgage under the laws of the Commonwealth of
Massachusetts shall relate only to the individual Units and not to the Condominium as a
whole.
(f) In no event shall any provision of this Master Deed or the Condominium Trust give a Unit
Owner or any other party priority over any rights of a First Mortgagee pursuant to its
mortgage in the case of a distribution to such Unit Owner of insurance proceeds or
condemnation awards for losses to or a taking of such unit and/or the Common Areas.
(g) Upon written request to the Trustees of the Condominium Trust, identifying the name and
address of the holder, insurer or governmental guarantor and the Unit number or address,
any First Mortgagee or insurer or governmental guarantor of said first mortgage
(hereinafter the "Eligible Mortgage Holders" and "Eligible Insurers or Guarantors" as the
case may be) will be entitled to timely written notice of:
(i) Any condemnation loss or any casualty loss which affects a material portion of the
Condominium or any Unit on which there is a first mortgage held, insured, or
guaranteed by such Eligible Mortgage Holder or Eligible Insurer or Guarantor, as
applicable;
(ii) Any delinquency in the payment of assessments or charges owed by an Owner of a
Unit subject to a first mortgagee held, insured or guaranteed by such Eligible
Mortgage Holder or Eligible Insurer or Guarantor, which remains uncured for a
period of sixty (60) days;
(iii) Any lapse, cancellation or material modification of any insurance policy or fidelity
bond maintained by the Trustees of the Condominium Trust;
(iv) Any proposed action which would require the consent of a specified percentage of
Eligible Mortgage Holders as specified in this Paragraph 13.
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(h) To the extent permitted by applicable law, Eligible Mortgage Holders shall also be
afforded the following rights;
(i) Any restoration or repair of the Condominium after a partial condemnation or
damage due to an insurable hazard, shall be performed substantially in accordance
with the Master Deed and the original plans and specifications unless other action
is approved by Eligible Mortgage Holders holding mortgages on Units which have
at least fifty -one (51 %) percent of the votes of Units subject to Eligible Mortgage
Holder mortgages.
(ii) Any election to terminate the legal status of the Condominium after substantial
destruction or a substantial taking in condemnation of the Condominium property
must be approved in writing by Eligible Mortgage Holders holding mortgages on
Units which have at least fifty -one (51 %) percent of the votes of Units subject to
Eligible Mortgage Holder mortgages.
(iii) Except as otherwise provided herein, no reallocation of interests in the Common
Areas and Facilities resulting from a partial condemnation or partial destruction of
the Condominium may be effected without the prior approval of Eligible Mortgage
Holders holding mortgages on all remaining Units whether existing in whole or in
part, and which have at least fifty -one (51 %) percent of the votes of such remaining
Units subject to Eligible Mortgage Holder mortgages.
(iv) When professional management has been previously required by an Eligible
Mortgage Holder or Eligible Insurer or Guarantor, whether such entity became an
Eligible Mortgage Holder or Eligible Insurer or Guarantor at that time or later, any
decision to establish self management by the Trust shall require the prior consent of
Owners of Units to which at least sixty -seven (67 %) percent of the votes in the
Trust are allocated and the approval of Eligible Mortgage Holders holding
mortgages on Units which have at least fifty -one (51 %) percent of the votes of
Units subject to Eligible Mortgage Holder mortgages,
(i) Condominium dues or charges shall include an adequate reserve fund for maintenance,
repair and replacement of those portions of the Common Areas that must be replaced on a
periodic basis, and shall be payable in regular installments rather than by special
assessments. In addition, a working capital fund shall be established equal to at least a two
(2) months' estimated common area charge for each Unit and shall be maintained in a
segregated account. The working capital fund shall be in addition to the required
Driveway Endowment Fund noted in the Condominium. Trust filed herewith. The purpose
of the working capital fund is to insure that there will be cash available to meet unforeseen
expenditures, or to acquire additional equipment or services deemed necessary or desirable
by the Trustees. Amounts paid into the fund are not to be considered as advance payment
of regular assessments.
(j) No agreement for professional management of the Condominium or any other contract
with the Declarant, developer, sponsor or builder, or any lessee may exceed a term of three
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(3) years, and any such agreement shall provide for termination by either party without
cause and without payment of a termination fee on ninety (90) days or less written notice.
(k) The Trustees shall make available to the Unit Owners and lenders, and to holders, insurers
or guarantors of any first mortgagee, current copies of the Master Deed, Declaration of
Trust, By -Laws, other rules concerning the Condominium and the books, records and
financial statements of the Condominium Trust. "Available" means available for
inspection upon request, during normal business hours or under other reasonable
circumstances.
(1) Any lease or rental agreement pertaining to a Unit must be in writing and state that it is
subject to the requirements of the Master Deed, Condominium Trust, By -Laws and Rules
and Regulations of the Condominium.
(m) Except for amendments to the Condominium documents or termination of the
Condominium made as a result of destruction, damage or condemnation as above set forth:
(i) The consent of the Declarant (so long as the Declarant owns any Unit) and Owners
of Units to which at least sixty -seven (67 %) percent of the votes in the
Condominium Trust are allocated and the approval of Eligible Mortgage Holders
holding mortgages on Units which have at least sixty -seven (67 %) percent of the
votes of Units subject to Eligible Mortgage Holder mortgages, shall be required to
terminate the legal status of the Condominium; and
(ii) Except for Special Amendments, the consent of the Owners of Units to which at
least sixty -seven (67 %) percent of the votes in the Condominium Trust are
allocated and the approval of Eligible Mortgage Holders holding mortgages on
Units which have at least fifty -one (51 %) percent of the votes of Units subject to
Eligible Mortgage Holder mortgages, shall be required to add or amend any
material provisions of the condominium documents of the Condominium, which
establish, provide for, govern or regulate any of the following:
Voting;
Assessments, assessment liens or subordination of such liens;
Reserves for maintenance, repair and replacement of the Common Areas
and Facilities (or Units if applicable);
Insurance or Fidelity Bonds;
Rights to use Common Areas and Facilities;
Responsibility for maintenance and repair of the several portions of the
Condominium;
Expansion or contraction of the Condominium or the addition, annexation
or withdrawal of property to or from the project;
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Boundaries of any Unit;
The interests in the Common Areas ;
Convertibility of Units into Common Areas or of Common Areas into
Units;
Leasing of a Unit;
Imposition of any right of first refusal or similar restriction on the right of a
Unit Owner to sell, transfer or otherwise convey his or her Unit;
Any provisions which are for the express benefit of mortgage holders,
Eligible Mortgage Holders or Eligible Insurers or Guarantors of first
mortgages on Units.
Any First Mortgagee which does not deliver or mail to the Trustees of the Condominium Trust a
negative response within thirty (30) days of a written request by the Trustees for approval of any addition
or amendment pursuant to this paragraph shall be deemed to have consented to the addition or change set
forth in such request. An affidavit by the Trustees making reference to this section, when recorded at the
Registry, shall be conclusive evidence as to the existence or nonexistence of any fact, or to any conditions
precedent required for any action taken in connection with this paragraph, and may be relied upon by any
person without being required to make independent inquiry.
14. SeverabiliV. The invalidity or unenforceability of any provision of this Master Deed shall
not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of
this Master Deed and, in such event, all of the other provisions of this Master Deed shall continue in full
force and effect as if such invalid provision had never been included herein.
15. Waiver. No provision contained in this Master Deed shall be deemed to have been
abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations
or breaches which may occur,
16. S, inns. Nothing in this Master Deed shall limit the right of the Declarant, or the
Declarant's agents and representatives, and thereafter any authorized Trustees, to install signs of
advertisement within the condominium development, including without limitation the entrance signs,
parking regulations, and other necessary instructional signs, as long as such signs comply with all legal
requirements of the Town of Nantucket.
17. Definition of "Declarant'; For purposes of this Master Deed, the Condominium Trust and
the By -Laws, "Declarant" shall mean and refer to said Nantucket Properties, LLC which have executed,
delivered and recorded this Master Deed, and to all successors and assigns of said Nantucket Properties,
LLC,
18. Cgptjons. The captions herein are inserted only as a matter of convenience and for
reference, and in no way define, limit or describe the scope of this Master Deed nor the intent of any
provision hereof.
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19. Governing Law, This Master Deed, the Condominium Trust, and By -Laws and the
Condominium created and regulated thereby, shall be governed in all respects by Chapter 183A as it is in
force as of the date of the recording of this Master Deed. Provided, however, a subsequent amendment of,
revision to or substitution for Chapter 183A shall apply to this Master Deed, the Condominium Trust and
By -Laws and the Condominium in the following cases:
(a) Such amendment, revision or substitution is by its terms made mandatory on existing
Condominiums; or
(b) To the extent permitted by applicable law, the Unit Owners by a written instrument signed
by Owners of Units holding at least sixty -seven (67%) percent of the total voting power of
the Unit Owners, as said voting power is defined in Section 43. of the Condominium
Trust, may elect to have such amendment, revision or substitution apply. Such instrument
setting forth this election, or a notice of it signed by a majority of the Condominium
Trustees, which notice shall be accompanied by a certification that the consent of the Unit
Owners required for it has been obtained, shall be recorded with the Registry prior to its
becoming effective. Such instrument or notice, as so executed and recorded shall be
conclusive evidence of the existence of all facts recited therein and of compliance with all
prerequisites to the validity thereof in favor of all persons who rely thereon without actual
knowledge that such facts are not true or that such instrument or notice is not valid.
20. Miscellaneous. Notwithstanding anything herein or in the Declaration of Trust contained
to the contrary, (but subject to any greater requirements imposed by Chapter 183A) Declarant reserves
the right and power to file a special amendment ( "Special Amendment ") to this Master Deed or the
Declaration of Trust at any time and from time to time which amends this Master Deed or the Declaration
of Trust (i) to comply with requirements of the Federal National Mortgage Association, the Federal
Home Loan Mortgage Corporation, or any other governmental agency or any other public, quasi - public or
private entity which performs (or may in the future perform) functions similar to those currently
performed by such entities; (ii) to induce any of such agencies or entities to take, purchase, sell, insure, or
guarantee first mortgages covering Unit ownership (iii) to bring this Master Deed or the Declaration of
Trust into compliance with Chapter 183A (iv) to correct clerical, typographical or other errors or
inconsistencies in this Master Deed or any exhibit thereto or any supplement or amendment thereto or the
Declaration of Trust,
In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to
Declarant to vote in favor of, make or consent to any such Special Amendment(s) on behalf of each Unit
Owner. Each deed, mortgage, other evidence of obligation, or other instrument affecting a Unit shall
constitute and be deemed to be and the acceptance of, and a consent to the reservation of, the power to the
Declarant to vote in favor of, make, execute and file Special Amendments. The right of the Declarant to
act pursuant to rights reserved or granted under this paragraph shall terminate at such time as the
Declarant no longer holds or controls title to a Unit.
21. Mailers relating to the Town of Nantucket. The Declarant reserves, at its sole discretion, the right
to enter into agreements with the Town of Nantucket, its Conservation Commission, Planning Board,
Historic District Commission and other boards in connection with the Condominium and generally to take
all actions required by the Town of Nantucket, or any other governmental authority, to effect the terms of
this Master Deed.
14
23. Non - Interference. Owners of Units, by their acceptance of unit deeds, covenant that the
neither they nor anyone claiming by, through or under them shall ever interfere with or obstruct any of the
rights or easements of the owner of other units or their invitees, employees, agents or contractors
involving the, the Common Areas, or any roads in the Condominium.
15
IN WITNESS WHEREOF, the said Nantucket Properties, LLC has caused these presents to be
executed this 2Ll day of em r, 2006.
NANTUCKET PROPERTIES, LLC
By: IQOL
Richard A. Sav Authorized Signatory
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
17 2006
On this�6 day ofq� , 2006 before me, the undersigned Notary Public, personally
appeared the above -named Richard A. Savery proved to me by satisfactory evidence of identification,
being (check whichever applies): )j driver's license or other state or federal governmental document
bearing a photographic image, [] oath or affirmation of a credible witness known to me who knows the
above signatory, or [] my own personal knowledge of the identity of the signatory, to be the person whose
name is signed above, and acknowledged the foregoing to be signed by him, as his free act and deed,
voluntarily for its stated purpose as an Authorized Signatory of Nantucket Properties, LLC.
4e-�,,u // yz�!f2 -- -
t Name of Notary Public):
My Commission Expires:;T/, �J oo 9
m
Qualified in the Comonweal o MassLIla,�,t{�,�%
MY COMMISSION EXPIRES: JULY 10,
16
EXHIBIT A
TO MASTER DEED
TRADE WIND COTTAGES CONDOMINIUM
NANTUCKET, MASSACHUSETTS
The land located at 40 and 42 Nobadeer Farm Road, Town and County of Nantucket, Massachusetts,
shown as lots 4 and 5on Land Court Plan No. 14342 -H, dated April 30, 1978, filed with Certificate of
Title No, 6391 at the Nantucket Registry District.
The premises above described is subject to the following:
(a) Terms and provisions of Chapter 183A of the Massachusetts General Laws, as amended.
(b) Provisions of an Order of Taking, dated October 29, 1975, registered with Nantucket
Registry District as Document No. 16558; as affected by the Provisions of a Land Court Plan Approval,
dated May 1, 1979, registered with Nantucket Registry District as Document No. 21793.
(c) Provisions of a restriction set forth on a deed, dated January 5, 2000, registered with
Nantucket Registry District as Document No 87754.
(d) Provisions of a Grant of Easements for Sidewalk/Bicycle Path Along Nobadeer Farm Road
and Corner Rounding On Hinsdale Road, dated September 2, 2005, registered with Nantucket Registry
District as Document No. 113684.
(e) Provisions of a Special Permit, dated November 28, 2005, registered with Nantucket
Registry District as Document No. 114648.
(f) Provisions of a Common Driveway Easement, dated January 24, 2006, registered with
Nantucket Registry District as Document No. 115054.
(g) Provisions of a Bicycle Path/Sidewalk Easement, dated January 24, 2006, registered with
Nantucket Registry District as Document No. 115485.
(h) Provisions of an Electric Easement, dated March 29, 2006, registered with Nantucket
Registry District as Document No. 115807.
(i) Provisions of the Trade Wind Cottages Condominium Trust dated as
of _, 2006, registered with Nantucket Registry District as Document No.
17
EXHIBIT B
TO MASTER DEED
TO TRADE WIND COTTAGES CONDOMINIUM
NANTUCKET, MASSACHUSETTS
The Condominium will consist of eight (8) buildings containing a total of eight (8) residential
units.
In addition to the residential units, there is a Driveway to provide access to the condominium, such
Driveway being designated on the plans filed herewith.
Such amenity areas shall be Common Areas as defined herein and detailed on plans to be filed herewith.
Provisions for the upkeep, maintenance, and use of such designated spaces are detailed in the Trade Wind
Cottages Condominium Trust filed herewith.
BUILDING DESCRIPTIONS
Each of the eight (8) residential buildings are of wood frame construction with asphalt
shingle roofing. The foundations are of poured concrete. Units C and H also contain an
attached garage.
18
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EXHIBIT D
PARKING PLAN and PARKING SPACE ASSIGNMENT
UNIT No. PARKING SPACE Nog.
A A -1 and A -2
B
B -1, B -2 and B -3
C
C -1
D
D -1 and D -2
E
E- 1, E -2 and E -3
F
F -1 and F2
G
G -1 and G -2
H
H -1 and 14-2
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142562
Cert: U42223 Doc: UDD
Regietered: 10/11/2013 02:08 PM
CONDOMINIUM UNIT DEED
I, PETER KURZINA, being married to Stephanie Kurzina, of Nantucket, Massachusetts,
For consideration paid and in full consideration of THREE HUNDRED FORTY -SEVEN
THOUSAND AND 00 /100 ($347,000.00) DOLLARS,
Grant to GIEDRIUS MIKSYS and KRISTINA RALKOVA, husband and wife as tenants
by the entirety, of 40A Nobadeer Road, Nantucket, Massachusetts 02554,
with QUITCLAIM COVENANTS,
Unit No. A of Trade Wind Cottages Condominium created by Master Deed dated
September 26, 2006, and filed on November 8, 2006, with Nantucket Registry District of
Nantucket County of the Land Court as Document No. 118243.
The Post Office Address of the Condominium is: 40A Nobadeer Farm Road, Nantucket,
Massachusetts 02554.
The unit conveyed is laid out as shown on a plan filed with the first unit deed, which plan
is a copy of a portion of the plans filed with said Master Deed and to which is affixed a
verified statement in the form provided in G.L. c. 183A, Section 9. It is subject to and
with the benefit of the obligations, restrictions, rights and liabilities contained in G.L. c.
183A, the Master Deed and the By -Laws filed therewith.
The Condominium and each of the units is intended for residential purposes and other
uses permitted by the applicable Zoning Ordinances and as set forth in the Master Deed.
The undivided percentage interest of the unit conveyed hereunder in the common areas
and facilities is 12.5 %.
The unit is also conveyed with the exclusive right to use the parking area designated for
Unit A as described in the Master Deed.
142562
Grantor hereby releases any and all rights of homestead in said premises and certifies
under the pains and penalties of perjury that there were no other persons entitled to
protection of the homestead act.
For my title see Deed registered with Nantucket County Registry of Deeds, Land
Registration Office, as Document No, 141400, noted on Certificate U42217.
WITNESS my hand and seal this day of October, 2013.
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss.
On this qT-K day of October, 2013, before me, the undersigned notary public,
personally appeared PETER KURZINA, proved to me through satisfactory evidence of
identification which were �) L.. , to be the person whose name is
signed on the preceding or attached document and acknowledged to me that he signed it
voluntarily for its stated purpose.
"Ic -P
Notar
My Commission Expires:
2
142662
1, Stephanie Kurzina, hereby release any and all rights of homestead with respect to the
above - described property.
r`
tep an Kurzina
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss.
11 'Cif
On this tQ day of October, 2013, before me, the undersigned notary public,
personally appeared Stephanie Kurzina, proved to me through satisfactory evidence of
identification which were '�) L_. , to be the person whose name is
signed on the preceding or attached document and acknowledged to me that she signed it
voluntarily for its stated purpose.
Maio Doi Niar — W N&MPUW Notary Public
Coaxr�olweonh of mmod►usefts My Commission Expires; ( —
My corrmiwon E)Pkos
,anumy Z =
NANTUCKET LAND BANK
CERTIFICATE
E] Paid $
Cuemp.M
0
No.
Atrmorhal►on CiC.S
MA3SACHU9( I i9 SE TAX
Nantuoket Coun OD A'18 001
Date: 10111 13 02:08 PM
C1r1A 4609 10370 Doo# 00142562
Fee: $1 82.32 Cons: $347,000,00
142562
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118479
THE COMMONWEALTH OF MASSACHUSETTS Cert: 042065 Doo: UDD
LAND COURT R9918tered; 11/29/2006 03:27 PM
DEPARTMENT OF THE TRIAL COURT
CONDOMINIUM UNIT DEED
NANTUCKET PROPERTIES, LLC, a Massachusetts limited liability
company,
Of 137 Forest Street, Sherborn, Massachusetts 02554
For consideration of SEVEN HUNDRED SIXTY
THOUSAND($760,000.00)DOLLARS
GRANTS TO SUSAN MCRAE
of 78 Forest Ridge Road, Unit 104, Concord, Massachusetts 01742
Commonwealth of Massachusetts, with quitclaim covenants, Unit No.
B of Trade Wind Cottages Condominium created by Master Deed dated
September 26, 2006 and filed on November 8, 2006, with Nantucket
Registry District of Nantucket County of the Land Court as
Document No. 118,243.
The Post Office Address of the Condominium is: 40B Nobadeer Farm
Road, Nantucket, Massachusetts 02554
The unit conveyed is laid out as shown on a plan filed herewith,
which plan is a copy of a portion of the plans filed with said
Master Deed and to which is affixed a verified statement in the
form provided in G.L.c. 183A, §9. It is subject to and with the
benefit of the obligations, restrictions, rights and liabilities
contained in G.L.c, 183A, the Master Deed and the By -Laws filed
therewith.
The Condominium and each of the units is intended for residential
purposes and other uses permitted by the applicable zoning
Ordinances and as set forth in the Master Deed.
The undivided percentage interest of the unit conveyed hereunder
in the common areas and facilities is 12.5%
The Unit is also conveyed with the exclusive right to use the
parking area designated for Unit B as described in the Master
Deed.
For title, see Certificate of Title No. 22,225 at the Nantucket
Registry District.
118479
Executed and sealed on Wokmbef 131
NANT RQPERTIES, LLC
Richard A. Save Y ,
Authorize Signatory
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. Date ;t�)O ' 13ja b(p
On this IS rday of 2006, before me, the undersigned
notary public, personally appeared Richard A. Savery, personally
known to me to be the person whose name is signed on the
preceding or attached document, and acknowledged to me that he
signed it voluntarily for its stated purpose.
SE TAX
MA County E li16 001
Nontuoket Gouniy R 3G 7 IM
pate: 11!2912006
OWN 467861 05 8 poo 0 000 00
Fee: $3,486.6 Cons. $760,
t
�6A�Jwl L—Ao�� —
—j� //' Nota Public
Printed me ;3P0kGAAVfk1 K J
My commission expires: J U1-`4 30 f a-Ot0
?Yto r'L. • . ii�s+ f'
& JAMfE TARA ANAL
I * h ul 1 Notary Public
Go^�rr,r wealth of Massa
My Comm ssion E)
July 30, 2040
NANTUCKET LAND BANK
CERTIFICATE
}fsaid $ _ (, L
rl-
118479
"TRADE WIND COTTAGES CONDOMINIUM"
IN
NANTUCKET, MASS.
SCALE.• 1, - !0' AUGUST 18, 7006
HA YES ENGINEERING, INC. ► 60-T SQL £M 57R£ET
OW ENGINEERS & WAK£FIELO, MASS. 01880
LANO SURS FYORS M. (781) 246 -2600
UNIT B -- BASEW NT
BA5FMi'NT AREA = 647 SF.; TOTAL UNIT AREA - 1,795 S.F.
CEILING HEIGHT = 7.9'
NOTE- BASEMENT AREAS DO NOT INCLOOC BASEMENT STAIRCASES.
/ CERTIFY T1WT THIS PLAN SHOWS TH£ UNIT OESICNAT/ON OF THE UNlI BEING CONVEY£O. 1 FURTHER CERTIFY
TH4T THIS PLAN FULLY ANO ACCURATELY 0£PICTS THE LAYOUT OF THE UN /T, /75 LOG471ON, O>MENSIONS
APPROXIMATE AREAS, MAIN ENTRANCE ANO /MM£OLAT£ COMMON AREAS TO WHICH THE UNIT HAS ACCESS, A$ 81J/1 T
AT 9U11,MW 9 AT TRAO£ WIND COTTAGES CONOOM/N1UM; NANTUCKET, MASS / ALSO CERTIFY THAT TN /S PLAN
FULL Y ANO ACCUR41£LY DEPICTS THE LArO4Vr L N, UNIT NUM8ERS ANO IONS OF 8U /LO/NC 81 IN THE
6411L0/NG A5 GUILT. Al -4A
O47F- �
-R£G /STEREO^ FES / ENG1 �.,
PAGE 1 OF 3
118479
"TRADE WIND COTTAGES CONDOMMUN"
IN
NANTUCKET, SASS.
SCALE I" _ 10' AUGUST 18, zo06
HAYS ENGINEERING, /NC. \ � 60J S4L£AI 57RECT
CML ENGINEERS fr WAKER£LD, U..4SS. 07880
LANO SUR ErORS M. (781 ) ?46 -2800
UN /T B - F /RST FL OOR
PRST FLOOR AREA = 656 S.F; TOTAL UNIT ARIA = 1,795 S.F.
GELLING HEIGHT = 8. ?0'
NOTE.- FIRST FLOOR AREAS 00 NOT INCLUQI STAIRC4SES.
1'j8 BATH
LIVING
ROOM DINING
ROOM
22.5
N
KITCHEN
12.1
MA /N
ENTRANCE FAMLL Y
RODM `?
O
11.5
I C£RnfY TfW r THIS PLAN SHOF15 THE UNIT OES7CM4770N OF TH£ UNIT M110 CONY£YEO. I FURTHER CERN -Y
IM 7 THIS PLAN FUL L Y AND ACCURATELY DEPICTS TH£ LAYOUT OF THE UNIT, /TS LOCATION, DIMENSIONS,
APPROXlAL47£ AREAS, U4 /N £NT)4ANC£ AND IMMEOWTE COMMON AREAS rO ON H TH£ UNIT MS ACCESS AS BUILT
Ar L ?u20lNG 8 AT 7870£ MWO COMOES CONOOUINIUAI, K'WTUCK£T, WSS. I ALSO C£RT/FY THAT IHiS PLAN
flIlly CCI1RATELY_i?M,- 9 Ml- LAYOUT, N, UNIT NUM8ERS ANO OIMENSIONS OF 8U/10ING 6,, IN rHE
BUILD/ BUILT.
- i +lM et �G,�y
R£GIST£R£O PROFES ION4L' ENGINE£
om
C
rro.
PAGE 2 OF 3 zn� °'2n45 c
fg 6�
118479
"TRADE W.TND COTTAGES CONDOMINIUM"
IN
NANTUCKET, MASS.
SCALE.• 1, = 10" AUGUST 18, 2006
REYISEO.• S£PT 2,5, 2006
H4 YES ENGINEER /NC, INC. ► 60-T S4L£d! STREET
CML ENGINEERS & WAl!£f7£19, MASS 01680
LANO SURVEYORS TEL. (761) 246 -2800
UNIT B - SECOND FL OOR & ATT /C
SECOND FLOOR AREA - 49Z S.F.; TOTAL UNIT AREA = 1,795 S. F.
CEILING AIEICHT = 8.9
NOT£.• SECOND FL OCR AREAS 00 NOT INCLWE STAIRCASES
SECOND FLOOR MAY CONTAIN SOS!£ AREAS THAT ARE
NOT HASITABL£ OUE TO CEIUNC HEIGHT.
ATTIC
NOT HABITABLE N
22.6
IJ 5
h BATH
BEO B.6
ROOM
�r BATH
C'- J
ATTIC ACCESS
HATCH
BED
ROOM
19.5
SECOND FLOOR
I CERTIFY THAT TH/S PLAN SHOWS THE UNIT DL3YCNATI01V OF THE UNIT 8EINC CONY£Y£O. / FURTHER CERTIFY
THAI THIS PLAN FULLY AND ACCUR47ELY DEPICTS TH£ LAYOUT OF THE UNIT; 1TS LOCAT /ON DIMENSIONS
APPROXIAL4T£ AREAS, AWAl ENTRANCE ANO IMAICO147C COMMON AREAS M #H/CH THE UNIT HAS ACCESS, AS 8017
AT BUILDING 8 AT -MADE WIND COTTAGES CON90MINIUM; K4NlUC / ALSO C£RTTFY THAT THIS PLAN
FULLY ANO ACCUR4TELY OEP/CTS TN£ LAYoUr LOCATION, UNIT N Sf ENS /DNS OF 8U/LOINC 8, IN TH£
BUILDING AS 6UIL T.
OAT£..
�RECISTEREO PROFES I'GQL LNEfSEti'�G �
� ,y Na.Ili�S O w
eFG�STEP�
FSSY{ONALE�'\
PAGE OF
1
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118479
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144031
QUITCLAIM DEED
1, JILL M. YEAGY of
14 0 1
Cert: U42239 Doc: UDD
Registered: 03/27/2014 03:44 PM
For consideration of Four Hundred Forty Nine Thousand and N0 1100
($449,000.00) Dollars
Grants to JOHN MARSHALL THOMPSON with a mailing address of P.O. Box 3464,
Nantucket, Massachusetts, 02584
With QUITCLAIM COVENANTS the following described premises:
Unit No. C of Trade Wind Cottages Condominium created by Master Deed dated
September 26, 2006 and filed on November 8, 2006 with Nantucket Registry District
of Nantucket County of the Land Court Document No. 118,243.
The Post Office Address of the Condominium is: 40C Nobadeer Farm Road,
Nantucket Massachusetts 02554.
The Unit conveyed is laid out as shown on a plan filled herewith. Which plan is a
copy of a portion of the plans filed with said Master Deed and to which is affixed a
verified statement in the form provided in G.L.c.183A 9. It is subject to and with the
benefit of the obligations, restrictions, rights and liabilities contained in G.L.c.183A,
the Master Deed and the By-Laws filed therewith.
The Condominium and each of the units is intended for residential purposes and
other uses permitted by the applicable Zoning ordinances and as set forth in the
Master Deed.
The undivided percentage interest of the Unit conveyed hereunder in the common
areas and facilities is 12.5°/x.
The Unit is also conveyed with the exclusive right to use the parking area designated
for Unit C as described in the Master Deed.
This deed is intended to release Jill M. Yeagy's right of homestead set forth In that
certain Declaration of homestead dated 01/11/2013 registered with Nantucket
Registry District as Document 139814.
144031
For title see Deed recorded as Certificate U42165 at the Nantucket Registry of
Deeds.
Signed and sealed this/ day of March, 2014
Commonwealth of Massachusetts
Nantucket ss. Date:
On this IIday of March, 2014 before me, the undersigned Notary
Public personally appeared Jill M. Yeagy proved to me through satisfactory means of
identification, which was _vaild government issused photographic identification
and /or X- personally known to this notary, to be the person whose name is signed
on the preceding or attached document, and acknowledged to me that he signed it
voluntarily for its stated purpose.
MASSACHUSETTS EX 96E TAX
Nantuoket County R /18 001
Date: 03/27/201 03 :44 PM
Ctrl# 4610689 92 pooh 00144031
Fee: $2.0444 Cons: $449,000.00
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My Commisslon Expires
October 31, 2014
MASSACHUSETTS EX 96E TAX
Nantuoket County R /18 001
Date: 03/27/201 03 :44 PM
Ctrl# 4610689 92 pooh 00144031
Fee: $2.0444 Cons: $449,000.00
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133237
Cori: 042162 Doo: UDD
Registered: 081181201103:4e PM
Massachusetts Quitclaim Deed by Corporation
Wells Fargo Bank, N.A., as Trustee for the Certiticateholders SARM
2007 -3 , a corporation duly established under the laws of the United States
and having its usual place of business at c/o BAC Home Loans Servicing,
LP f/!da Countrywide Home Loans, Servicing, LP, 7105 Corporate Drive,
Plano, TX 75024 for consideration paid, and in full consideration of Three
Hundred Twenty -Five Thousand and 00 /100 Dollars ($325,000.00)
Grants to: William J. Lewis, Jr. and Suzanne A. Lewis, as
Joint Tenants with Rights of Survivorship
of 8 Grizzly Bear Circle, Westford, MA 01886
Property address: 40D Nobadeer Farm Road, Unit D, Nantucket,
Nantucket County, Massachusetts 02554
With Quitclaim Covenants
The Property known as Unit D, in the Condominium know as the Trade
Wind Cottages Condominium (the "Condominium "), situated in Nantucket,
Nantucket County. Massachusetts, created by Master Deed, (the "Master
Deed ") dated September 26,2006 and filed with the Nantucket County
Registry of Deeds in Land Court at Document No. 118243, Certificate C47
as further amended from time to time.
The Post office address of the Condominium is: 40D Nobadeer Farm Road,
13 Nantucket, Massachusetts 02554
Q The unit conveyed is laid out as shown on a plan filed with said Master Deed
and to which is affixed a verified statement in the form provided in G.L.C.
0 183A, §9. It is subject to and with the benefit of the obligations, restrictions,
rights and liabilities contained in G.Lc. 183A, the Master Deed and the By-
laws filed therewith.
The Condominium and each of the units is intended for residential purposes
and other uses permitted by the applicable Zoning Ordinances and as set
forth in the Master Deed.
The undivided percentage interest of the unit conveyed hereunder in the
common areas and facilities is 12.5 %.
The Unit is also conveyed with the exclusive right to use the parking area
designated for Unit D as described in the Master Deed.
133237
Said premises are conveyed subject to and with the benefit of easements and
restrictions of record, if any, insofar as the same may now be in force and
applicable.
For Grantor's Title see Foreclosure Deed registered with the Nantucket
County Registry District of the Land Court, as Document No. 131862,
Certificate No. U42141,
The Grantor herein certifies that the premises do not constitute all or
substantially all of the assets of Wells Fargo Bank, N.A., as Trustee for the
Certificateholders SARM 2007 -3 or BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP situated in the Commonwealth of
Massachusetts and that the transfer is being made in the ordinary course of
the Wantor's business.
in ffliness Whereof, Wells Fargo Bank, N.A., as Trustee for the
Certificateholders SARM 2007 -3, has caused its corporate seal to be hereto
affixed and these presents to be signed, acknowledged and delivered in its
name and behalf by its attorney-in-fact,-this s day of March, 2011.
Wells Fargo Bank, N.A,, as Trustee
for the Certificateholders SARM
2007 -3
By its Attorney in Fact
BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing,
LP *
� DEC L)�_J
By, veronica Casfllas , Assistant
Secretary of BAC GP, LLC DVa
Countrywide GP, LLC, General
Partner of BAC Home Loans
Servicing, LP f/k/a Countrywide
Home Loans Servicing, LP**
'For BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans
Servicing, LP's authority on behalf of Wells Fargo Bank, N.A,, as Trustee
for the Certificateholders SARM 2007 -3, see Power of Attorney recorded
bdtecittr:'► with the Nantucket County Registry District
of the Land Court, As Document No.1318590 Cert#U42068.
"See Assistant Secretary's Certificate recorded herewith.
TIJCf�r LAND
CETMFKATE
cJ
MA88AOHUSEIT XOIOE TAX
Nanlucket0o 'RODf18001
pate: 031/1� 2011 03A8 PM
CIO 46Sjr96 04824 Doo9 00103237
Fee: ${{ {.4,92.00 Conv:4326,000.00
133237
STATE OIL TEXAS
Collin, ss Dated:
Now before me, the undersigned notary public ersonally appeared
as Assistant Se of BAC GP, LLC
f/k/a Countrywide GP, LLC, General Par of BAC Home Loans
Servicing, LP Wa Countrywide Ho pans Servicing, LP, attorney -in-
fact
for Wells Fargo Bank, N.A, rustee for the Certificateholders SARM
2007 -3 , personally known e OR provided to me through satisfactory
evidence of identificat' , which was driver's license, to be the person
whose name is si above, and acknowledged to me that he /she signed it
voluntarily f s stated purposes on behalf of said corporation.
Notary Public
My Commission Expires:
133237
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of\" )20h.(b?
On before me,
(Here, insert nar?1t:*_cTiiQf of the officer) Q
personally appeared
who proved to me on the basis of satisfactory evidence to be the persopa g) whose name ) is /pt subscribed to
the within instrument and acknowledged to me that li#ehe /tKy executed the same in er /toir authorized
capaciteenpe'rson(gexted, , and that by�/he�/Weir signatures) on the instrument the person(s}, or the entity upon behalf of
which t executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct,
S y hand a official seal, 13BITfNI 8AlNG0q
COMM. it 1t39Ws
IypTARYW�uCaCAtFOftlNA
YHNTUPA etas
Signature of Notary Public (Notary Seal) MY ,)2814
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or diistxiption of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
0
Individual (s)
D
Corporate Officer
(Title)
D
Partner(s)
O
Attorney-in -Fact
11
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ZUVN version UAPA v12.10.07 900.673.9865 WWW.Notaryclasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
,iny acknowledgment completed In California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgmeru form mwt be
properly completed and attached to that document. The only exception is tf a
document is to be recorded outside of Caf(fornta. /n such instances, any atternatrve
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is. iltegol jot a notary in
Calljornia (i.e. certifying the awhorl;ed capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form tf required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment
• Data of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (rotary public).
e Print the name(s) of document signer(s) who personally appear at the tune of
notarization,
o Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
4e /sWt4ayr- is tare ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording,
• The notary seal Impression must be clear and photographically reproducible.
Impression must not cover text or lines, if seal Impression smudges, reseal if a
sufficient area permits, otherwisecomplera a different acknowiedgrnent form.
P Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensurr this
acknowledgment is not misused or attached to a different document
d• Indicate title or type of attached document, number of page and date.
ti• Indicate the capacity claimed by the signet. If the claimed capacity is a
corporate ofriccr, indicate the title (i.e. CFO, CFO, Secretary).
Securely attach this document to the signed document
133237
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141069
Cart: U42211 Doe: UDD
Regietared: 05/14/2013 11:36 AM
CONDOMINIUM UNIT DEED
1, JONATHAN D. HENEKE of 42E Nobadeer Farm Road, Nantucket, Massachusetts, for
consideration paid and in full consideration of love and affection and as an inter - family
transfer grant to JONATHAN D. HENEKE and GINA MARIE HENEKE, husband and
wife, as tenants by the entirety, with QUITCLAIM COVENANTS,
That certain condominium unit situated in Nantucket County, Massachusetts, located at 42
Nobadeer Farm Road, being Unit No. E of Trade Wind Cottages Condominium created
pursuant to Chapter 183A of the Massachusetts General Laws by Master Deed dated
September 26, 2006 and filed on November 8, 2006 with the Nantucket Registry District for
Nantucket County of the Land Court as Document No. 118243, as more particularly shown
on Plan No. 2006 -79 registered at the Nantucket Registry District for the Land Court.
The Post Office Address of the Condominium is: 42E Nobadeer Farm Road, Nantucket,
Massachusetts 02554.
The unit conveyed is laid out as shown on a plan filed with the first Unit Deed, recorded
with said Registry as Document No. 118519, which plan is a copy of a portion of the plans
filed with said Master Deed and to which is affixed a verified statement in the form provided
in G.L.cl83A, § 9. It is subject to and with the benefit of the obligations, restrictions, rights
and liabilities contained in G.L.c 183A, the Master Deed and the By -Laws filed therewith.
The Condominium and each of the units is intended for residential purposes and other uses
permitted by the applicable Zoning Ordinances and as set forth in the Master Deed.
The undivided percentage interest of the unit conveyed hereunder in the common areas and
facilities is 12.5% as provided in the Master Deed.
The Unit is also conveyed with the exclusive right to use the parking area designated for
Unit E as described in the Master Deed.
For title, see Certificate of Title No. U42206 at the Nantucket Registry District for the Land
Court.
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141069
WITNESS my hand and seal this /3 day of !A LI 2013,
JONA IAN D. HENEKE
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. on A t, 13 , 2013
On this ) 3 day of ���, 2013, before me, the undersigned notary
public, personally appeared Jonathan D. Heneke and proved to me through satisfactory
evidence of identification, which were .l ,-1� ,to be the person whose
name is signed on the preceding or attached do um iiec and ackno 'ledged to me that he/she
signed it voluntarily for its stated purpose.
1 AR BLIC
My Commission Expiresf
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N WTUCKET LMD BMK
CERTIFICATE
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140581
201 L i
Cart: U42204 Doo: UDD
Registered: 03/2812013 01:28 PM
CONDOMINIUM UNIT DEED
Richard A. Savery, a married man, of P.O. Box 3660, Nantucket, MA 02584,
For consideration paid and in full consideration of Three Hundred Twenty Five Thousand and
00 /100 Dollars ($325,000.00),
GRANTS TO Robert A. Saunders and Debra A. Saunders, as husband and wife, tenants by the
entirety,
With quitclaim covenants,
Unit No. F of Trade Wind Cottages Condominium created by Master Deed dated September 26,
2006 and filed on November 8, 2006 with Nantucket Registry District of Nantucket County of
the Land Court as Document No. 118243.
The Post Office Address of the Condominium is: 42F Nobadeer Farm Road, Nantucket,
Massachusetts 02554.
The unit conveyed is laid out as shown on a plan filed with the first Unit Deed, recorded with
said Registry as Document No. 00118523, which plan is a copy of a portion of the plans filed
with said Master Deed and to which is affixed a verified statement in the form provided in G.L.c
183A, § 9. It is subject to and with the benefit of the obligations, restrictions, rights and liabilities
contained in G.L.c 183A, the Master Deed and the By -Laws filed therewith.
The Condominium and each of the units is intended for residential purposes and other uses
permitted by the applicable Zoning Ordinances and as set forth in the Master Deed.
The undivided percentage interest of the unit conveyed hereunder in the common areas and
facilities is 12.5 %.
The Unit is also conveyed with the exclusive right to use the parking area designated for Unit F
as described in the Master Deed.
The Grantor and his wife, Janice S. Savery, hereby release any and all homestead rights in the
property.
For title, see Certificate of Title No. U42058, Document No. 00118523.
140581
Executed this 2-5-1- day of A-61- , 2013.
Richard A. Save
COMMONWEALTH OF MASSACHUSETTS
4 ss:
ZS , 2013
Before me, the undersigned notary public, personally appeared the above -named
Richard Q� Sgvery and proved to me through satisfactory evidence of identification, which
was }� X%S I/I" , to be the person whose name is signed on the preceding document,
and acknowledged to me that he signed it voluntarily for that purpose.
My commission expires:
140581
Executed this Z day of 114#4 � �' , 2013.
ti
J S. Savery
COMMONWEALTH OF MASSACHUSETTS
44 1 ss: ^'Ypa� 2 �q' , 2013
Before me, the undersigned notary public, personally appeared the above -named
Janice S, avery and proved to me through satisfactory evidence of identification, which
was VIVAS 1 + to be the person whose name is signed on the preceding document,
and acknowledged to me that she signed it voluntarily for that purpose.
iFMCKEfj.k,jj) [,ANx
CERTIFICATE
yaw s ka-a' _r
Author4ze>� _..
Notary Public
My commission expires:
MASSACHUSETTS KOD SE TAX
NanluOhel 0-01111( 18 001
Oate: 03/2812 _01,28 YM
GIrIB 48048 3805 DOCK 00140585
fee: $1, _ 2.00 Cons: $325,000.00
I
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143674
4
Cert: U42236 Doc: UDD
Re916tered: 02/06/2014 03:26 PM
CONDOMINIUM UNIT DEED
James Blair Harden and Wei -Fon Ammie Harden, a married couple, of Milford, MA
For consideration paid and in full consideration of Three Hundred Fifty Nine Thousand.and
00/100 Dollars ($359,000.00),
GRANTS TO Peter Kurzina, individually, of Nantucket, MA
With quitclaim covenants,
Unit No. G of Trade Wind Cottages Condominium created by Master Deed dated September 26,
2006 and filed on November 8, 2006 with Nantucket Registry District of Nantucket County of
the Land Court as Document No, 118243.
a�
The Post Office Address of the Condominium is: 42G Nobadeer Farm Road, Nantucket,
e Massachusetts 02554.
u#
cd
I The unit conveyed is laid out as shown on a plan filed with the first Unit Deed, recorded with
Id said Registry as Document No. 00118476, which plan is a copy of a portion of the plans filed
with said Master Deed and to which is affixed a verified statement in the form provided in G.L.c
183A, § 9. It is subject to and with the benefit of the obligations, restrictions, rights and liabilities
contained in G,L.c 183A, the Master Deed and the By -Laws filed therewith.
The Condominium and each of the units is intended for residential purposes and other uses
ro
co
permitted by the applicable Zoning Ordinances and as set forth in the Master Deed.
o
z
N The undivided percentage interest of the unit conveyed hereunder in the common areas and
T facilities is 12.5 %.
The Unit is also conveyed with the exclusive right to use the parking area designated for Unit G
H as described in the Master Deed.
ro
N
The Grantors hereby release any and all homestead rights in the property and hereby declare
$4 wider the pains and penalties of perjury that no other person is entitled to protection under
o Massachusetts General Laws Chapter 188.
u
a
For title, see Certificate of Title No. U42054, Document No. 00118476.
143674
Executed under the pains and penalties of perjury this 2-7 day of 2014.
JaT es lair Harden
COMMONWEALTH OF MASSACHUSETTS
I) , 2014
Before me, the undersigned notary public, personally appeared the above -named
James Blair Harden and proved to me through satisfactory evidence of identification, which
was <v i',n.S t' , to be the person whose name is signed on the preceding document,
and who swore or affirmed to me that the contents of the document are truthful and accurate to
the best of his knowledge and belief and belief and acknowledged to me that he signed it
voluntarily for that purpose
xl.es M. MacLean r. '-
t• r.l,
Notary Public 't3; `;••• J'
My commission expires: %;fir•°
. "rindr.
143674
Executed under the pains and penalties of perjury this —)- r day of -i—AA)
Wei -Fon Ammie Harden
wj6y5 , ss:
COMMONWEALTH OF MASSACHUSETTS
N�4� ,2014
2014.
Before me, the undersigned notary public, personally appeared the above -named
Wei-Fun Ammie Harden and proved to me through satisfactory evidence of identification, which
was .p Qy j (�� c, , to be the person whose name is signed on the preceding document,
and who swore or affirmed to me that the contents of the document are truthful and accurate to
the best of her knowledge and belief and belief and acknowledged to me that she signed it
voluntarily for that purpose
MASSACHUSETTS EX SE TAX
Nantucket County 0 816 001
Date: 02!08120 03:28 PM
010 461005 807 Doe# 00143674
Fee: $1,6,W.04 Cons: $369,000.00
NANTUCV(El�tAF1D 13M1K j
CER'TIF GATE 1
�°') Exemp4
Charles M. MacLean
Notary Public
My commission expires:
11— �' -- a `7
143674
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140480
UNIT DEED Cart: U42203 Doe: UDD
Regietered: 03/14/2013 03:32 PM
I, JANICE S. SAVERY, of Nantucket, Massachusetts, for
consideration paid in the amount of Three Hundred Twenty One
Thousand Dollars ($321,000.00), grant to ROBERT DUNBAR and
JENIFER DUNBAR, as tenants by the entirety, of Post Office Box
3217, Nantucket, Massachusetts 02584, with QUITCLAIM COVENANTS,
Unit H (the "Unit ") of the Trade Wind Cottages Condominium (the
"Condominium), located at 42H Nobadeer Farm Road, Nantucket,
Massachusetts, created pursuant to the provisions of Chapter 183A
of the General Laws of Massachusetts, by Master Deed dated
September 26, 2006, registered with Nantucket Registry District
as Document No. 118243 and filed with Master Certificate of Title
No. C -47 and the Declaration of Trust dated September 26, 2006,
registered with said Registry District as Document No. 118244.
Unit Post Office Address:
42H Nobadeer Farm Road, Nantucket, Massachusetts 02554
The Unit is conveyed together with an undivided 12.5 percentage
interest appertaining to said Unit in the common areas and
facilities of the Condominium, together with the rights and
easements appurtenant to the Unit as set forth in said Master
Deed.
The Unit is conveyed together with the exclusive right and
easement to use Parking Spaces No. H -1 and H -2.
The Unit contains approximately 1,328 square feet, and is laid
out as shown on a plan recorded with the Master Deed, a copy of
which is attached to Unit Deed registered with Nantucket Registry
District as Document No. 118521(the "first unit deed "), to which
Plan is affixed the verified statement of a registered land
surveyor, certifying that the plan shows the unit designation of
the Unit hereby conveyed and of immediately adjoining units, and
that it fully and accurately depicts the layout of the Unit, its
location, dimensions, approximate area, entrance, and immediate
common area to which it has access, as built.
The Unit hereby conveyed is intended to be used for residential
purposes only and is subject to the restrictions, as set forth in
Section 8 of said Master Deed, which Section is incorporated
herein by reference.
The Unit and the undivided interest in said common areas and
facilities hereby conveyed are conveyed subject to (i) the
provisions of said Chapter 183A and to taxes attributable thereto
for the current fiscal year; (ii) the provisions hereof and all
the rights, restrictions, easements, agreements, and other
matters referred to or set forth in said first unit deed, said
Master Deed (including, without limitation, in Exhibits A and 8
140480
thereof) and the Declaration of Trust for the Trade Wind Cottages
Condominium Trust dated September 26, 2006 and registered with
Nantucket Registry District as Document No. 118244, and the rules
and regulations promulgated pursuant thereto, and the obligations
thereunder to pay the proportionate share attributable to said
Unit of the expenses of the Condominium set forth in Declaration
of Trust, all as amended from time to time in accordance with
their terms; (iii) all easements, restrictions, agreements, and
other matters of record affecting said Unit and said common areas
and facilities insofar as now in force and applicable; and (iv)
real estate taxes attributable to said Unit assessed by the Town
of Nantucket for the fiscal year 2013.
I hereby certify that no owner, spouse or civil union partner of
an owner, former spouse or former civil union partner of an owner
resides in the property as their primary residence.
For title, see Certificate of Title No. U42060 at Nantucket
Registry District.
Executed and sealed
MASSAOHUSETT XG19E TAX
Nantucket C ty ROD #16 001
Date: 0 412013 03:32 PM
Ctrl# 0477 20466 Doo# 00140460
Fe : $1,463.76 Cons: $321,000.00
on March _a, 2013.
Jan' 'e S. Savery
COMMONWEALTH OF MASSACHUSETTS
M& t&4 , ss.
On this day of March, 2013, before me, the undersigned
notary public, personally appeared Janice S. Savery, (a) :•
personally known to me, or (b) X proved to me thra> `a.; •.t
satisf ctory evidence of identification whit
t`f�QSS•�YytrS to be the person whose name isr,s .q,.ft1,� r
on the preceding or attached document, and acknow_ .dg
that she signed it voluntarily for it stated purpose.
Notary Public
NAWTUCKETUWDl3ANK My commission expires:
44�'
CERTIFICATE Sr
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140480
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WITHDRAWAL FORM
L G15 �' p n; 1.2 1?
U U Z
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
File No. 67 -14
Map 69 Parcel
APPLICANT(S): TRADE WIND COTTAGES CONDONMINIUM - Unit owners
40 & 42 Nobadeer Farm Road
* Map 69 Parcels 32.1 - 32.4 & Parcels 33.1 -33.4
UPON THE REQUEST OF THE APPLICANT(S) MADE:
PRIOR TO
X AFTER
PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED
APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS:
ACKNOWLEDGE AS A MATTER
RIGHT AND WITHOUT PREJUDICE
X APPROVE WITHOUT PREJUDICE
APPROVE, BUT WITH PREJUDICE
THE WITHDRAWAL:
X IN FULL OF THE SAID
APPLICATION
OF SO MUCH OF SAID
APPLICATION AS:
The Zoning Board of Appeals
DATED: October 8, 2015 Eleanor Weller Antonietti,
Zoning Administrator
2 Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -7215 telephone 508 - 228 -7298 facsimile