HomeMy WebLinkAbout03-17 53 Pochick paper & cross file 2017TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
NANTUCr�E-.;
TOWN CLEF`
?916 DEC 15 PM 3: 21
Fee: $450.00 File No. 0 3 `/ /
Owner's name(s Marie E. Lemberg
Mailing address: 53 Pochick Avenue, Nantucket. MA 02554
Phone Number. 508 -332 -9165 E -Mail: edmarie68(r�aol.com
Applicant's name(s): Same
Mailing Address: Same
Phone Number.—Same E -Mail Same
Locus Address: 53 Pochick Avenue Assessor's Map/Parcel;- 79 -127
Land Court Plan /Plan Book & Page /Plan File No.: Lots 1-4. Block 164, Plan Bk 2, Page 61
& Plan 2010, Page 61
Deed Reference /Certificate of Tide:1285 /214 & 1418/154 Zoning District LUG -1
Uses on Lot- Commercial: None X Yes (describe)
Residential: Number of dwellings 1 Duplex Apartments
Date of Structure(s): all pre -date 7/72 or 1993
Building Permit Numbers:
Previous Zoning Board Application Numbers-049-11 combine vard sale parcel
State below or attach a separate addendum of specific special permits or variance relief applying
for:
(SEE ATTACHED ADDENDUM)
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNA
Applicant
Owner*
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on:—/—/— By Complete: Need Copies:
Filed with Town Clerk:—/—/— Planning Board.—/—/— Building Dept: —/—/_ By:_
Fee deposited with Town Treasurer: —/J_ By:_ Waiver requested:
Granted:--/--/— Hearing notice posted with Town Clerk.—/—/_ Mailed :—/—/_
I&.M_/_ — &_/_/_ Hearing(s) held on —/—/— Opened on
Continued to:—/i/_ Withdrawn:—/—/— Decision Due By:_/_/_
Made.—/—/— Filed w /Town Clerk.—/—/— Mailed:—/_j_
ADDENDUM
Applicant, Marie E. Lemberg, is seeking a VARIANCE pursuant to Nantucket Zoning By -law
Section 139 -32 from the provisions of Nantucket Zoning By -law Section 139 -16 (Intensity
Regulations — minimum lot size, groundcover) in order to render the subject lot separately
marketable and buildable from abutting property specifically at 55 Pochick Avenue (Map 79 -76).
A parcel of land shown as Lots 1 -11 on Block 164 was conveyed by Bertram MacMannis in
1987 under Deed 287/273 to Elizabeth A. Rezendes on November 5, 1987. Subsequently, the
parcel was split into two (2) parcels, Lots 1 -4, today known as 53 Pochick Avenue, and Lots 5-
11, today known as 55 Pochick Avenue.
On January 14, 1991 the Nantucket Bank took the two (2) properties in one (1) Foreclosure Deed
358/83 from Alfred S. Rezendes, Trustee of South Shore Trust. The parcels were vacant at the
time of foreclosure. As the lots were vacant at the time of the foreclosure and the Bank took
ownership of the properties in one title and name, there is a question that the nonconforming lots
may have merged under the provisions of the Zoning By -law. Had the lots been improved there
would be in general no issue of merger.
Nantucket Bank then conveyed vacant parcel 53 Pochick Avenue to current Applicant/Owner
Marie E. Lemberg on May 28, 1992 in Deed 390/169.
Nantucket Bank then also conveyed vacant parcel 55 Pochick Avenue to current owner Edwin A.
Lemberg on May 28, 1992 in separate Deed 390/171 (the subject of a companion application to
the ZBA for the same relief).
Marie Lemberg obtained a validly issued building permit to construct a single - family home
without comment from the Building Department in 1993 that there may be a merger issue with
55 Pochick Avenue. Subsequent permits were issued also without comment. Separate tax bills
were sent, creating a separate identity from 55 Pochick Avenue which exists to the present.
In addition, Special Permit relief was granted by the Zoning Board of Appeals in the Decision in
File No. 049 -11 to validate a change in lot lines with the incorporation of a paper street conveyed
by the Town of Nantucket to the property. No comment was made at the time of any possible
merger issues with 55 Pochick Avenue.
There is no possibility of merging 53 Pochick Avenue with 55 Pochick Avenue at this point as
there are two (2) dwelling units on 55 Pochick Avenue and the lots are held in separate
ownership and control. Merger would create further nonconformities as three (3) dwelling units
would be contained on one (1) lot. 53 Pochick Avenue is under agreement to be sold and this
matter needs to be corrected and validated through issuance of Variance relief and further
eliminating the ability to merge the lots.
The Locus is nonconforming as to lot size, with the lot containing about 15,304 square feet of lot
area in the LUG -1 zoning district that requires a minimum lot size of 40,000 square feet and as to
groundcover with the dwelling containing about 2791 SF in a district that allows a maximum
groundcover of 1500 SF or 7% whichever is greater. The lot is conforming to the setback and
frontage requirements of the Zoning By -law.
Applicant is asking the Zoning Board of Appeals to validate the lot as presently configured, with
the existing groundcover as separately marketable and buildable from adjacent land. The Zoning
Board of Appeals has granted similar relief on many occasions over time and could support a
grant of relief based on the unique circumstances affecting these lots, separate histories, shape of
the lot, topography of the structure and extreme negative financial hardship that would be created
should the Board require re- merger of the two (2) parcels. Further, there would be an increase in
the nonconformity should merger be required resulting in three (3) dwelling units on one (1)
parcel. There would be no detriment to the public good with allowing the two (2) properties to
remain separately marketable and buildable as the situation has existed without negative impact
since the dwellings were constructed on the lots, at least 24 years ago. There are other similarly
sized lots along Pochick Avenue.
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Property Information
Property 79127 D
Location 53 POCHICK AV
Owner LEMBERG MARIE
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MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town and County of Nantucket, MA makes no
claims and no warranties, expressed or implied,
concerning the validity or accuracy of the GIS data
presented on this map.
Parcels updated December, 2014
Properties updated 12/15/2016
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PLAN 2 PAGE 61
DEED 500K 1255 PAGE 214
PLAN 2010 PAGE 52
SCALE 1' • 30'- 12 -13 - 7016
AC.KME SURVEY LLC,
PC 5OX 1445
NANTUCKET 02554
OWNER
MARIE LEMBERG
POCGK AVENUE
53 HI
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PLAN 2010 -52
53 POCHICK AV
Location
53 POCHICK AV
Mblu
79/ / 127/ /
Acct#
00007390
Owner
LEMBERG MARIE
Assessment $1,519,500 ;� PID 7390
Building Count 1
Current Value
Assessment
Valuation Year Improvements Land
2016 $567,700 $951,800
Owner of Record
Owner LEMBERG MARIE Sale Price $0
Co -Owner Certificate
Address 53 POCHICK AV Book & Page 01418/0154
NANTUCKET, MA 02554 Sale Date 12/30/2013
Instrument 99
Ownership History
Instrument
99
13
1P
1L
IN
Total
$1,519,500
Sale Date
12/30/2013
07/11/2011
05/28/1992
01/14/1991
11/05/1987
Ownership History
Owner
Sale Price
Certificate Book & Page
LEMBERG MARIE
$0
01418/0154
LEMBERG MARIE E
$2,500
01285/0214
LEMBERG MARIE E
$30,500
00390/0169
NANTUCKET BANK
$90,000
00358/0083
REZENDES ELIZABETH TR
$160,000
00287/0273
Building Information
Building 1 : Section 1
Year Built:
1993
Living Area:
3,186
Replacement Cost:
$598,306
Building Percent
94
Good:
Replacement Cost
Less Depreciation:
$562,400
Building
Attributes
Instrument
99
13
1P
1L
IN
Total
$1,519,500
Sale Date
12/30/2013
07/11/2011
05/28/1992
01/14/1991
11/05/1987
Field
Description
Style
Colonial
Model
Residential
Grade:
Above Average
Stories:
2 Stories
Occupancy
1
Exterior Wall 1
Wood Shingle
Exterior Wall 2
Area
Roof Structure:
Gable /Hip
Roof Cover
Asph /F GIs /Cmp
Interior Wall 1
Drywall /Sheet
Interior Wall 2
929
Interior Fir 1
Pine /Soft Wood
Interior Fir 2
880
Heat Fuel
Gas
Heat Type:
Forced Air -Duc
AC Type:
Central
Total Bedrooms:
3
Total Bthrms:
4
Total Half Baths:
1
Total Xtra Fixtrs:
Total Rooms:
Bath Style:
Average
Kitchen Style:
Modem
Extra Features
Building Photo
1 7 -"4J
(http://images.vgsi.com/photos/NantucketMAPhotos//\00\03\1,
Building Layout
Extra Features
Code Description Size Value
FPL3 2 STORY CHIM 1 UNITS $3,900
Land
Land Use
Land Line Valuation
Legend
Bldg #
1
Building Sub -Areas (sq ft)
Legend
Gross
Living
Code
Description
Area
Area
BAS
First Floor
1,257
1,257
FUS
Upper Story, Finished
929
929
FBM
Basement, Finished
1,257
880
TQS
Three Quarter Story
160
120
WDK
Deck, Wood
320
0
3,923
3,186
Extra Features
Code Description Size Value
FPL3 2 STORY CHIM 1 UNITS $3,900
Land
Land Use
Land Line Valuation
Legend
Bldg #
1
lase Code
Description
Zone
Neighborhood
Alt Land Appr
Category
Outbuildings
1010
Single Fam M01
LUG 1
550
No
Size (Acres)
0.35
Frontage
0
Depth
0
Assessed Value
$951,800
Outbuildings Legend
Code Description Sub Code Sub Description Size Value Bldg #
SHD1 SHED FRAME 120 S.F. $1,400 1
Valuation History
Assessment
Valuation Year Improvements Land Total
2016 $551,900 $951,800 $1,503,700
2015 $432,200 $677,000 $1,109,200
2014 $432,200 $677,000 $1,109,200
2013 $429,000 $677,000 $1,106,000
2012 $339,900 $677,000 $1,016,900
(c) 2016 Vision Government Solutions, Inc. All rights reserved.
FOCNIC-k- A- uSAru&
ON Information
Parcd 0079 -127
location — PRA33U-
Name °VARIOUS °
B&
f3
Alerts
(gi Efiectiveoate 1ZI14/MI6
Year Cat
oil NS Orig Bled
Activity
l%Ww lw Due Now
2016 REA
10473 ❑
393930
- 393930
00
00
2015 REA
5920 ❑
2116075
-2M.75
.00
AO
2014 REA
51!91 ❑
3125.74
- 312534
.00
AO
2013 REA
5051 ❑
30219D
- 302190
.00
A0
2012 REA
51136 ❑
378076
- 3780.76
AO
AO
2011 REA
5018 ❑
3438A5
-- 3438A5
m
.DO
2011 RE-0
1000004 ❑
29177
- 291.77
AO
AO
2010 REA
5775 ❑
305158
- 305158
AO
AO
2009 RE -R
5756 ❑
3190A4
- 3I90A4
.00
AO
2008 REA
5706 ❑
3086A0
- 3D86AO
AO
AO
2007 REA
5658 ❑
287833
- 387833
AO
AD
20116 REA
5624 ❑
248515
- 238515
AO
AO
2005 REA
5538 ❑
2419.03
- 2319.03
AO
.00
2004 REA
5524 ❑
223154
- 22,1134
110
AO
2003 REA
5514 ❑
227309
- 2273.09
AO
.00
2002 REA
5386 ❑
208484
-2D8484
AO
AO
2001 RE -R
34370 ❑
1905.78
- 1905.78
AO
AO
2000 REA
34359 ❑
1795.05
- 1795.05
AO
AD
1999 REA
34366 ❑
M3.71
-1813.71
.00
00
1998 REA
34361 ❑
1510A3
- 1510.43
AO
AO
1997 REA
34366 ❑
17187D
- 171 &70
AO
AO
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40 Doc: 8P /09/2011 11:63 AM
TOWN OF NANTUCKET
BOARD OF APPEALS r
NANTUCKET, MASSACHUSETTS 02554
Date: August 19, 2011
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
049 -11
Owner /Applicant: NAME LMSZRG
Enclosed is the Decision of the HOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision most be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision lust be given to the Town Clerk so
as to be received within such THENTY (20) days.
I �L S. fa (%)
Edward S. Toole, Chairman
cc: Town Clerk
Planning Board
Building Commissioner /Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIM LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY -LAN SECTION 139 -30 ( SPECIAL PERMITS); SECTION 139 -32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508 -228 -7215.
Bk: 01291 Pg: 307
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road, Nantucket, Massachusetts 02554
Assessor's Map 79, Parcel 127
53 Pochick Avenue
Land Use General 2 (LUG -2)
DECISION:
Lots 1-4 Block 164
Book 17, Page 146 Plan
Plan Book 2, Page 61
Deed Book 390, Page 167
1. The Nantucket Zoning Board of Appeals held a public hearing on August 11,
2011 at 4 Fairgrounds Road, Nantucket, Massachusetts 02554, regarding the
application of Marie Lemberg, 53 Pochick Avenue, Nantucket Massachusetts
02554, Board of Appeals File No. 049 -11. The Board made the following
decision:
2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw
Section 139- 33.A.(8) (alteration of preexisting nonconforming lots) in order to
alter the preexisting nonconforming lot by adding a parcel from the Town's Yard
Sale program to said lot. The lot, as so altered, will still not meet the minimum lot
size of the LUG -2 zoning district. The Locus is situated at 53 Pochick Avenue, is
shown on Nantucket Tax Assessor's Map 79 as Parcel 127, is shown Lots 1-4,
Block 164 Surfside, Plan Book 2, Page 61, and title is recorded at the Nantucket
County Registry of Deeds in Book 390, Page 167. The property is zoned Limited
Use General — 2.
3. The applicant is requesting permission to alter the preexisting nonconforming lot
by adding a parcel of land acquired through the Town's Yard Sale program. The
altered lot will remain nonconforming as it will not meet the minimum lot size.
The existing lot is 15,304 square feet. The applicant has purchased a lot pursuant
to the Nantucket Yard Sale Program of approximately 4,600 square feet as shown
on plan recorded as Plan File 2010 -52 at Nantucket Registry of Deeds. In the
Limited Use General — 2 zoning district, the minimum lot size is 80,000 square
feet. With the addition of 4,600 square feet the applicant's lot, the Locus will still
be nonconforming as to lot size, but will be less nonconforming.
4. Our decision is based upon the application, accompanying materials and
presentation by applicant's attorney at the public hearing. There was no
recommendation from the Planning Board, as it is not considered a matter of
planning concern, and no opposition or concerns were presented by abuttors or
members of the public. Applicant's attorney stated that there have been many
similar applications and that there will be many more as the town is aggressively
pursuing the "Yard Sale Program" in order to raise revenue as well as restore un-
used land to the tax rolls. In this instance, applicant's lot, while still undersized
for the zoning district, will be increased in size by almost thirty percent.
Bk: 01291 Pg: 308
5. Therefore, based upon the foregoing, the Board finds that the requested special
permit was in keeping with the spirit and intent of the by -law. The Board also
found that decreasing the non - conformity by increasing the lot area was to be
encouraged and the newly created lot would not be substantially more detrimental
to the neighborhood than the existing non- conformity.
6. Accordingly, by a unanimous vote, the Board grants the requested Special Permit
pursuant to Nantucket Zoning By -Law Section 139- 33.A.(8) to allow the
alteration of applicant's pre - existing non - conforming lot by adding the yard sale
lot containing 4,600 square feet, making a total lot area of 19,904± square feet.
SIGNATURE PAGE TO FOLLOW
Dated: ': U4 � i, 7� it
Bk: 01291 Pg: 309
Edward Toole
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COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss.
On this 17 day of �V+ 2011, before In the undersigned notary public,
personally appeared J",. (a) _T personally known to me, or (b)
proved to me through satisfactory evidence of identification, which was
, (type of identification) to be the person(s)
whose Ws- signed on the preceding or attached document,
AT.'167Ai y signed it voluntarily for its stated purpose.
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Nantucket, on. May 28, 1992
Then personally appeared the above named NNiliiam p. 6geribu. jr.
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and ackmviedged the foregoing instrument to be the frpi•act: °aqd
deed of the Nantucket Hank, before me,
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WHEREAS Alfred S. Rezendes as Trustee of South Shore
Trust did by mortgage deed, dated June 22, 1989 and recorded in
Nantucket County Registry of Deeds in Book 327 Page 216 convey the
premises hereinafter described to Nantucket Bank and whereas in an
by said mortgage deed the grantee therein named, or its assigns.
were authorized and empowered, upon any default in the performance
or observance of the condition of said mortgage, to sell the said
premises with all improvements that might be thereon, at public
auction in Nantucket, Massachusetts first publishing a notice as
therein required, and to convey the same by proper deed or deeds
to the purchaser or purchasers absolutely and in fee simples and
whereas there has been such default, and notice has been
published, and a sale has been made, as will more particularly
appear in and by the affidavit hereto to be subjoined.
NOW THEREFORE KNOW ALL MEN that the said
Nantucket Bank by virtue and in execution of the power contained
in said mortgage deed as aforesaid, and of every other power it
hereto enabling, and in consideration of the sum of NINETY
THOUSAND AND 00 /100 (590,000.00!•D0LLARS to it paid by Nantucket
sank of 104 Pleasant Street, Nantucket, Nantucket County,
Massachusetts the receipt whereof is hereby acknowledged does
hereby grant, bargain, sell, and convey unto the said Nantucket
Bank the premises conveyed by the aforesaid mortgage deed,
namely: The land with the buildings thereon situated in
Nantucket, Nantucket County, Massachusetts bounded and described
as follows:
Lots one (1) through four (4), inclusive, in Block 164 in the
Suarfside Section of Nantucket, Massachusetts shown on the plan of
Suriside, recorded in Book of Plans 2, Page 61 at the Nantucket
Registry of Deeds, being approximately 6,969,square feet.
COWMM .ALTH OF M11SSACApssTTs
Nantucket, on. May 28, 1992
Than personally appeared the above named Villiam !. squrihm. Jr.
and acknowledged the foregoing instrument to be the frai- aeti:and
deed of the Nantucket Bank, before me, y a .
Notary qIublic k ►� *"_4 :;- .:,'j"
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WHEREAS Alfred S. Rezendes as Trustee of South Shore
Trust did by mortgage deed, dated June 22, 1989 and recorded in
Nantucket County Registry of Deeds in Book 327 Page 216 convey the
premises hereinafter described to Nantucket Bank and whereas in an
by said mortgage deed the grantee therein named, or its assigns,
were authorised and empowered, upon any default in the performance
or observance of the condition of said mortgage, to sell the said
premises with all improvements that might be thereon, at public
auction in Nantucket, Massachusetts first publishing a notice as
therein required, and to convey the same by proper deed or deeds
to the purchaser or purchasers absolutely and in fee simples and
whereas there has been such default, and notice has been
published, and a sale has been made, as will more particularly
appear in and by the affidavit hereto to be subjoined.
NOW THEREFORE KNOW ALL MEN that the said
Nantucket Bank by virtue and in execution of the power contained
in said mortgage deed as aforesaid, and of every other power it
hereto enabling, and in consideration of the sum of NINETY
THOUSAND AND 00 /100 ($90,000.00)•DOLLARS to it paid by Nantucket
Bank of 104 Pleasant Street, Nantucket, Nantucket County,
Massachusetts the receipt whereof is hereby acknowledged does
hereby grant, bargain, sell, and convey unto the said Nantucket
Bank the premises conveyed by the aforesaid mortgage deed,
namely: The land with the buildings thereon situated in
Nantucket, Nantucket County, Massachusetts bounded and described
as follows:
Lots one (1) through four (4), inclusive, in Block 164 in the
Surfaide Section of Nantucket, Massachusetts shown on the Plan of
Surtside, recorded in Book of Plans 2, Page 61 at the Nantucket
Registry of Deeds, being approximately 6,969•square feet.
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Lots five is) through eleven 1111, inclusive, in flock 164 in the
Surfside section of Nantucket, Massachusetts, shown on the Plan of
Surfside, recorded in Book of Plans 2, Page 61 at the Nantucket
Registry of Deeds being approximately 18,730 square feet.
The above described premises are subject to and have the
benefit of all rights, rights of way, restrictions, easements, and
road takings and reservations of record insofar as the same are
now in force and-applicable.
TO HAVE AND TO HOLD the same to the said Nantucket
Bank, its heirs and assigns, to its use and behoof forever.
IN WITNESS WHEREOF the said Nantucket Bank has
caused its corporate seal to be hereto affixed and these presents
to be signed in its name and behalf by William P. Nourihan, Jr.
its Senior Vice President this 3'•+ day of Decesber in the year
one thousand nine hundred and ninety.
Signed and sealed in the presence of NANTUCKET BANK
At By
COMMONWEALTH Or MASSACHUSETTS
Nantucket, as. December 3. , 1990
Then personally appeared the above named WILLIAM P. W)URIHAN,
JR. Senior Vice President and acknowledged the foregoing
instrument to be the free act and deed of the NANTUCKET BA`JK, ..,v�
before me, +;di 1, {
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AFFIDAVIT
I, N1111a1s P. Mourihan, Jr. the Senior Vice President and
duly authorised agent of Nantucket Sank on oath depose and say, on
behalf of the said Corporation, that default has been wade in the
payment of the principal and interest mentioned in the condition
of the mortgage deed above referred.to, the said principal and
Inter est not having been at the time when It became payable, or at
any tile, paid or tendered to any person authorized to receive the
same% and that, pursuant to the provision of said mortgage deed
and to the requirements of the Statutes of the Commonwealth of
Massachusetts, the said Nantucket Bank published on the ioth day
Of Ottober, 1990 and the lot and 8th days of Nuvember, logo in the
Inquirer and Mirror a newspaper published In Nantucket aforeNid,
a notice of which the following is a true copy;
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I also complied with Massachusetts General Laws Chapter 244,
Section 14, by wailing the required notices, certified mail,
return receipt requested, to the parties entitled to such notice.
And I further depose and say that, pursuant to said notice
and at the time and place therein appointed, the said default
still continuing, the said Nantucket Bank sold the premises
conveyed by said mortgage deed at public auction by Mark S. Tower,
a duly licensed auctioneer of C/O Joseph Finn Co., Inc. 188
Needham Street, Newton, Massachusetts to Nantucket Bank of 104
Pleasant Street, Nantucket, Massachusetts, for the sum of NINETY
THOUSAND AND 00 /100 ($90,000.00) DOLLAR$ which said amount wits bid
by the said Nantucket Bank and was the highest bid made therefor
at said auction.
NITNESS my hand this 3�� day of December 1990.
COM40NUMTH OF MASSACHUSETTS
Nantucket, as. December 3. , 1990
Then personally appeased the above named Will" Yourihan,
Jr. before me, and made oath that the foregoing suA�krib`,
statement by him is true, ' Zr
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Bk: 01285 Pg: 214
Bk: 1286 P8: 214 Page: 1 of 3
Doc: DD 07/11/2011 11:06 AM
QUITCLAIM DEED
Parcel One, Harriet Street, Nantucket, Massachusetts
The TOWN OF NANTUCKET, a Massachusetts municipal corporation having a
principal place of business at 16 Broad Street, Nantucket, Nantucket County, Massachusetts
acting by and through its Board of Selectmen (the "Grantor "), in consideration of Two Thousand
Five Hundred and 00 /100 Dollars ($2,500.00), receipt of which is hereby acknowledged,
pursuant to the authority of Article 77 voted upon at 2010 Annual Town Meeting held on April
6, 2010, a certified copy of which is attached hereto, grants to MARIE E. LEMBERG of 55
Pochik Avenue, Nantucket, Massachusetts 02554 (the "Grantee'), with QUITCLAIM
COVENANTS, that certain plot of land shown as Parcel One, Harriet Street, shown on a plan of
land entitled "Taking Plan of land in Nantucket, MA, Harriet Street (F.K.A. Prospect Street),
Town of Nantucket, Prepared for: Town of Nantucket," dated September 8, 2010, recorded with
Nantucket County Registry of Deeds as Plan No. 2010 -52. The premises hereby conveyed is a
portion of Harriet Street in Nantucket, Massachusetts, and contains approximately 4,600 square
feet of vacant land (the "Parcel ").
The Grantor's conveyance of this Parcel is based in part on the Grantee's warranty and
representation to the Grantor that such Parcel shall be used for residential purposes only and
shall, for all intents and purposes, be combined with and considered as one parcel with all
abutting lots previously acquired by Grantee pursuant to Deed as shown on Town Assessor Map
79, Parcel 127 and shown as Lots 1-4 on Block 164 on the Plan of Surfside recorded with said
Deeds in Plan Book 2, Page 61 (collectively with the Parcel, the "Combined Premises "), and that
no part of such Parcel or the Combined Premises shall hereafter be used for non- residential
purposes nor divided, subdivided or conveyed as a separate parcel or parcels. Accordingly, the
Parcel hereby granted to the Grantee is conveyed subject to permanent restrictions coupled with
a reversionary interest hereby reserved to and held by the Grantor, forever restricting the Parcel
and Combined Premises to residential use, prohibiting the division or subdivision of any portion
of the Combined Premises, and prohibiting the conveyance or use of any portion of the
Combined Premises apart from another portion of the Combined Premises, and automatically
effectuating a reversion of the Parcel to the Grantor, if within twenty -four (24) months of the
date of this Deed, the Parcel has not been merged with the Grantee's existing property in
accordance with the Town of Nantucket By -Laws and statutes These restrictions shall run with
the title to the Combined Premises, and no part of the Combined Premises shall be hereafter
used, conveyed, divided or subdivided in a manner inconsistent with these restrictions unless the
Grantor, in addition to any other permission required by law, grants to the Grantee or to all their
successors, heirs and assigns, such Grantor's prior written release for such use, conveyance,
division or subdivision and recorded with said Deeds.
By accepting and recording this Quitclaim Deed, the Grantee expressly agrees to the
Grantor's reservation of, and otherwise grants to the Grantor, such restrictions on the use of the
Bk: 01285 Pg: 215
Combined Premises. These restrictions shall be enforceable for a term of 200 years from the date
hereof, and all of the agreements, restrictions, rights and covenants contained herein shall be
deemed to be "other restrictions held by any governmental body," pursuant to G.L. c. 184, §26,
such that the restrictions contained herein shall be enforceable for the term of 200 years and not
be limited in duration by any contrary rule or operation of law. Nevertheless, if recording of a
notice is ever needed to extend the time period for enforceability of these restrictions, the
Grantee hereby appoints the Grantor as its agent and attorney in fact to execute and record such
notice and further agrees that the Grantee shall execute and record such notice upon request.
The undersigned certifies that there has been full compliance with the provisions of G. L.
c. 44 §63A.
llr.11)
No deed stamp taxes are due on this conveyance pursuant to G.L. c. 64D, § 1.
For Grantor's title, see Order of Taking recorded with said Deeds in Book 1249, Page
EXECUTED under seal this �_ day of tUi�t , 2011.
Wxnjow
CER7 MATE
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TOWN OF NANTUCKET
BY ITS BOARD OF SELECTMEN
AR J. (,�"
Rick Atherton
Whiting Willauer
Patricia Roggeveen
A,-Z>
Michael K p o
Robert DeCosta
Bk: 01285 Pg: 216
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On this '_ day of 2011, before me, the undersigned Notary Public,
personally appeared Ric Ath n, Whiting Willauer, Patricia Roggeveen, Michael Kopko, and
Robert DeCosta as Members of the Board of Selectmen of the Town of Nantucket, proved to me
through satisfactory evidence of identification, which was personal knowledge, to be the persons
whose names are signed on the preceding or attached document, and acknowledged to me that
they signed it voluntarily for its stated purpose as the free and deed of the Board of Selectmen of
the Town of Nantucket.
No Public
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Bk: 01418 Pg: 154
1
Bk: 1418 Pg: 164 Page: 1 of 4
Doc: RELEASE 12/3012013 02:5:
RELEASE DEED
The TOWN OF NANTUCKET, acting by and through its Board of Selectmen, a
Massachusetts municipal corporation, having offices at 16 Brad Street, Nantucket,
Massachusetts,
for consideration paid and in full consideration of ONE AND NO1100 ($1.00) DOLLAR,
grants to MARIE LEMBERG of 53 Pochick Avenue, Nantucket, Massachusetts, 02554
all of Grantor's right, title and interest, if any, in and to that portion of property located at
53 Pochick Avenue, shown as Lots one (1) through four (4), inclusive, in Block 164 in
the Surfside Section of Nantucket, Massachusetts shown on the Plan of Surfside,
recorded in Book of Plans 2, Page 61 at the Nantucket Registry of Deeds, being
approximately 6,969 square feet.
This conveyance is made without any covenants of title of any kind or nature
whatsoever.
This conveyance is made without monetary consideration to confirm Grantee's record
tits to said Lots one (1) through four (4), inclusive in Block 164 in Book of Plans 2, Page
61.
This conveyance is made pursuant to the authority of Article 81 adopted at the April,
2012 Nantucket Annual Town Meeting, a certified copy of which is attached hereto, and
to Chapter 334 of the Acts of 1990.
The conveyance hereby made has been oomph in full compliance with the
requirements of MGL CH 30 B.
Bk: 01418 Pg: 155
In witness whereof the undersigned set their hands and seals this L day of
2013 on behalf of the Town of Nantucket.
Town of Nantucket
By and through its
Board of Selectmen:
� a+L
Rick Atherton
Bruce D. ViKer
k-ef
Matthew G. Fee
Tobias lidden
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket
On this IS day of PtZem bC4-- 2013, before me, the undersigned notary
public, personally appeared Rick Atherton, Robert DeCosta, Bruce D. Miller, Matthew
G. Fee, and Tobias B. Glidden, as members of the Board of Selectmen of the Town of
Nantucket, proved to me through satisfactory evidence of identification, which was
personal knowledge of the undersigned, to be the persons whose name are signed on
the preceding or attached document, and acknowledged to me that they signed it
voluntarily for its stated purpose as the free and deed of the of the Board of Selectmen
of the Town of Nantucket.
Official Signature and Seal of Wotary Public,
My Commission expires:
EMU DlE iDSON MOOT EY
Not" PubM
COMAIO►rWMTH Of MASSACtNlSET16
My commission Expim .
November 17, 2417
NANrUCKET LAND Bc
COMFICATE
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