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Home My WebLink About04-17 55 Pochick Avenue cross & paper filed in 2017TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION N ^ UG � Ti 0 , "iN C1_El .t 2016 DEC 16 PM 3: 20 Fee: $450.00 File No. o V--1 7 Owner's names VENIVIDIVICI PROPERTY DEVELOPMENT, INC Mailing address: 53 Pochick Avenue Nantucket. MA 02554 Phone Number. 508- 332 -9165 E -Mail: edmarie6W-,,,aoLcom Applicant's name(s): _ Same Mailing Address: Same Phone Number: —Same E -Mail Same Locus Address: 55 Pochick Avenue Assessor's Map /Parcel: 79 -76 Land Court Plan /Plan Book & Pap /Plan File No.: Lots 5 -11 Block 164, Plan Bk 2 Page 61 Deed Reference /Certificate of Title: 1458 -291 Zoning District LUG -1 Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings 2 Duplex Apartments Date of Structure(s): all pre -date 7/72 or 1992 (cottage), 1995 (primary dmelhog 1 Building Permit Numbers: Previous Zoning Board Application Numbers 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. SIGNATURE:' ?c Cr3`•►. �• , SIGNATURE: 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:—/—/_ By:_, Waiver requested: Granted:--/—j— Hearing notice posted with Town Clerk: -/ -/_ Mailed_/_ /_ I&M_/_/_ &_/_/_ Hearing(s) held on —J-1— Opened on :_/_/_ Continued to:_/_/_ Withdrawn--/—/— Decision Due By:_/_/_ Made:—/—/_ Filed w /Town Clerk:—/—/— Mailed:—/—/_ 0 ADDENDUM Applicant, VENIVIDVICI PROPERTY DEVELOPMENT, INC., Edwin A. Lemberg, Principal, 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 55 Pochick Avenue to current Owner Edwin A. Lemberg on May 28, 1992 in separate Deed 390/171. Nantucket Bank then also conveyed vacant parcel 53 Pochick Avenue to current Owner Marie E. Lemberg on May 28, 1992 in Deed 390/169 (the subject of a companion application to the ZBA for the same relief). Edwin Lemberg obtained validly issued building permits to construct a cottage (1992) and a primary single -family dwelling (1995) without comment from the Building Department that there may be a merger issue with 53 Pochick Avenue. Subsequent permits were issued also without comment. Separate tax bills were sent, creating a separate identity from 53 Pochick Avenue which exists to the present. An affidavit was also presented to the Building Department stating that the subject lot at 55 Pochick Avenue had not been held common ownership with any contiguous parcels in support of the first building permit. Title insurance had also been issued for this property as a mortgage was granted 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 for 53 Pochick Avenue. No comment was made at the time of any possible merger issues with subject lot 55 Pochick Avenue. There is no possibility of merging 55 Pochick Avenue with 53 Pochick Avenue at this point as there are two (2) dwelling units on 55 Pochick Avenue and one (1) on 53 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 15,823 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 setback with a side patio /deck area providing access to the back of the cottage set back from the easterly side yard lot line at about 7.9 feet in a district that requires a 10 foot side yard setback. The lot is conforming to 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 lot size and setback nonconformities 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. I own ana L ouniy OT NaniUCKeL, MA 79163 SH P001ICKAV Is 79126.1 57 79146 7975 47 g, V 7974 46 December n, 2016 POCH1CKAV 0 79125 59 Is 79162 W ' W. 1 " =130ft AV Go g ....... Property Information Pro perty 7976 r "�^ c 10 Location 55 POCHICK AV av t Owner VENIVIDMCI PROP DEV INC 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 December n, 2016 POCH1CKAV 0 79125 59 Is 79162 W ' W. 1 " =130ft s N f)RTH ,n 75.00 3 b -- n e m ZONE LUG I 0.4 ACRES. o MIN LOT , 40,000 FRONTAGE 100 &/G 7% n w �w s FRONT YARD 35 a z SIDE /REAR YAP.D: 10 j, � \ SV d< m H- w s I O J TAX MAP 79 PARCEL 25 MARK M5C15Z CERT. 24934 LC PLAN 40406 -A PARCEL A5 DE5GR16ED IN DEED 600K 1458 PAGE 291 55 POCHICK AVENUE TAX MAP 79 PARCEL 76 DEED BOOK 1458 PAGE 291 PLAN 2 PAGE 61 PLAN 2010 PAGE 52 5(-ALE: 1. . 30' 12 - 13 - 2016 ACKME 5URVEY LLC PO BOX 1446 NANTUCKET 02554 OWNER VENIVIDIVICI fr GFMTY DEVEL0F%ENT INC. 53 POGHIGK AVENUE TAM MAY 7° PA'RCA_ 76 DEED BOOK K56 PAGE 2T PL.m 3090 -52 0 b !D P9 ti W I � I I < i I 1 O IL 1 LLI J V I R 15TRY ve orLr TAX MAP 79 PARCEL 'CRT 17422 77 EDWARD 34745 -A C. FAWGETT POC.H i I✓K PRIVATE 40 II � �Ij j j1 CG ✓\JI i O I L I I' ', li 1 I L I \ L1 / � \ 11-TJ i i IL I li I I jl � I I! i AVENUE 9+ FFQF �"9 <�FQ � BpF�C 99 s �4pgF c° ms's �pFC � s 4 9 nO \ I v- TAX MAP 79 PARCEL 75 MTW NOMINEE TRUST DEED BOOK 1497 PAGE 265 �v A O R> W` U n y Y L J�Ch F W�W< 5FF_D MUST MOVE TO COIEORM TO ZONING LOTS SHOWN DO NOT CONTAIN AKEA5 5U5JECT TO PROTECTION UNDER T-E MA55ACHJ5ETT5 WETLANDS PROTECTION ALT WHICH ARE REQUIRED TO BE EXCLJDED =ROM LOT AREA UNDER T-E NANTUCKET ZONING BY -LAW BUT 57IL_ REQUIRED TO 5E 5U5JECT TO PROTECTION UNDER STATE AND LOCAL WETLaD6J BYLAW5. DETEAW"A70k OF AR'LtC451LITY WAY DE CAT APED. THKOLK,4- A+PL.K.AT IOA TO THE C.CN5ERVATION '_OM5,54ON APPROVAL 5Y T 1E NANTJ:.KET °LANNINC—, 50AR NO— REQJIREJ FILE NUMBER 75.00 3 b -- n AREA° f Q ` 0.4 ACRES. n n r.� z 15823 i s O � a A \ \ SV II � �Ij j j1 CG ✓\JI i O I L I I' ', li 1 I L I \ L1 / � \ 11-TJ i i IL I li I I jl � I I! i AVENUE 9+ FFQF �"9 <�FQ � BpF�C 99 s �4pgF c° ms's �pFC � s 4 9 nO \ I v- TAX MAP 79 PARCEL 75 MTW NOMINEE TRUST DEED BOOK 1497 PAGE 265 �v A O R> W` U n y Y L J�Ch F W�W< 5FF_D MUST MOVE TO COIEORM TO ZONING LOTS SHOWN DO NOT CONTAIN AKEA5 5U5JECT TO PROTECTION UNDER T-E MA55ACHJ5ETT5 WETLANDS PROTECTION ALT WHICH ARE REQUIRED TO BE EXCLJDED =ROM LOT AREA UNDER T-E NANTUCKET ZONING BY -LAW BUT 57IL_ REQUIRED TO 5E 5U5JECT TO PROTECTION UNDER STATE AND LOCAL WETLaD6J BYLAW5. DETEAW"A70k OF AR'LtC451LITY WAY DE CAT APED. THKOLK,4- A+PL.K.AT IOA TO THE C.CN5ERVATION '_OM5,54ON APPROVAL 5Y T 1E NANTJ:.KET °LANNINC—, 50AR NO— REQJIREJ FILE NUMBER N ORTH I `I n 6 a w ZONE: LUC, I MIN LOT 40,000 L �I FRONTAGE 100 9� 1 LL zC7/.'.• 7 s FRONT YARD 35 SIDE /REAR YARD 10 II 71" w d iil ai, J m < e.Felsrzr use LI �Q� W IF7 I < a I O I CEP.T MAP I7422 PARCEL 77 I I F U LC PLAN 34745 -A EDWARD TAX MAP 79 PARCEL J G. FAWGETT WILLIAM A. BURK� 128 + CEKT. 24295 NANG" J. BOSS,DY iLG PLAN 41428 -A P I Q n � 145,oc Iry r s DWELLING AREA•279; .. .off FF Lye s 5F 3� J' I� 9SA Sti0 i0i.o, F I �u i I \� T '•,. q SGF ,Cj V 43 O/ 5/ d ear O , tl Q� AREA- 04 ACRES, c w+ c 4 �z 15,304 5F. < \\ RO Ti J _r, c nZ- pr` i <3o R `O I FI \\ \� wl N n l0 x w< ^,�� T in I -G1 F �9CE IW CLI Y 1- lJi J J w K I I TAX MAP 79 PARCEL 75 S 6O I �/ MTW NOMINEE TRUST I ? �. DEED BOOK 1497 PAGE 265 I O 93. LL I I I I E \ LOTS 5HOWN DO NO LONTAIN AREAS 5UBJEC.7 TO PROTECTION UINC: R T1£ MA55AC1-PJSETT5 WETLAND PROTECTION 'AC.T WHt,'.H ARE REQUIRED TO BE '. EXGLJDED FROM LOT AREA. UN'iER THE NANTUCKET ZONING BY-LAY, BUT 5T1'_: RE'JIRED TO BE 5UBJEGT TO p 5TATE AIJ✓ '_O_ PROTEC,TtON UNDER GA. WETLAND BT AW5. DETERMINA.IDN 0= APPL /GAB1LiTY MAY BE OBTANE --- THROUGH APP'-IGAT IOI. TC THE C,ON5ERVA-ION C *0M155ION. APPROVA_ f�Y TF+E7 ANIUGKET P_ANN N�7 6 Ali NGT RE (D PARCEL C.0M6INATI0N PLAN DATE i 53 POGHIC.K AVENUE FILE NPABEk '. TAX MAP 79 PARCEL 127 DEED BOOK 1418 PAGE 154 PLAN 2 PAGE 61 DEED BOOK 1285 PAGE 214 PLAN 2010 PAGE 52 SCALE I.. • 30 ' I2 -13 -2016 AC.KME SURVEY L-C, PC BOX 1448 NANTUCKET 02554 OWNER MARIE IFMDERG w.s ors 53 POGHIGK AVENUE TAX MAP 79 PARUE- 127 caerlsv tau e¢epnc6 N rrorz+uv�c[ - x.� BOp' 1416 PAGE 154yy_ PLAN 2010 -52 It 55 POCHICK AV Location 55 POCHICK AV Acct# 00007356 Assessment $1,589,800 Building Count 2 Current Value Mblu 79/ / 76/ / Owner VENIVIDIVICI PROP DEV INC PID 7356 Assessment Valuation Year Improvements 2016 $617,400 Owner of Record Owner VENIVIDIVICI PROP DEV INC Co -Owner Address 53 POCHICK AV NANTUCKET, MA 02554 Ownership History Land $972,400 Sale Price $0 Certificate Owner Book & Page 01458/0291 Sale Date 11/05/2014 Instrument 99 Year Built: 1992 Living Area: 780 Replacement Cost: $199,937 Building Percent 94 Good: Replacement Cost Less Depreciation: $187,900 Building Attributes Field Description Instrument 99 1P 1L N Total $1,589,800 Sale Date 11/05/2014 05/28/1992 01/14/1991 11/05/1987 Ownership History Owner Sale Price Certificate Book & Page VENIVIDIVICI PROP DEV INC $0 01458/0291 LEMBERG EDWIN A $30,500 00390/0171 NANTUCKET BANK $90,000 00358/083 REZENDES ELIZABETH A TR $160,000 00287/273 Building Information Building 1 : Section 1 Year Built: 1992 Living Area: 780 Replacement Cost: $199,937 Building Percent 94 Good: Replacement Cost Less Depreciation: $187,900 Building Attributes Field Description Instrument 99 1P 1L N Total $1,589,800 Sale Date 11/05/2014 05/28/1992 01/14/1991 11/05/1987 Style Cape Cod Model Residential Grade: Average Stories: 1 1/2 Stories Occupancy 1 Exterior Wall 1 Wood Shingle Exterior Wall 2 $428,300 Roof Structure: Gable /Hip Roof Cover Asph /F GIs /Cmp Interior Wall 1 Plastered Interior Wall 2 Grade: Interior Fir 1 Pine /Soft Wood Interior Fir 2 Heat Fuel Gas Heat Type: Forced Air -Duc AC Type: None Total Bedrooms: 2 Bedrooms Total Bthrms: 1 Total Half Baths: 0 Total Xtra Fixtrs: Total Rooms: Bath Style: Average Kitchen Style: Modem Building 2 : Section 1 Year Built: 1995 Living Area: 2,120 Replacement Cost: $455,635 Building Percent 94 Good: Replacement Cost Less Depreciation: $428,300 Building Attributes: Bldg 2 of 2 Field Description Style Colonial Model Residential Grade: Above Average Building Photo (http://images.vgsi.com/photos/NantucketMAPhotos//\00\03\1, Building Layout Building Sub -Areas (sq ft) Legend Code Description Gross Living Area Area BAS First Floor 600 600 FHS Half Story, Finished 360 180 960 780 Stories: 2 Occupancy 1 Exterior Wall 1 Wood Shingle Exterior Wall 2 Code Roof Structure: Gable /Hip Roof Cover Asph /F GIs /Cmp Interior Wall 1 Plastered Interior Wall 2 BAS Interior Fir 1 Pine /Soft Wood Interior Fir 2 FUS Heat Fuel Oil Heat Type: Hot Water AC Type: Central Total Bedrooms: 3 Bedrooms Total Bthrms: 4 Total Half Baths: 0 Total Xtra Fixtrs: 148 Total Rooms: Bath Style: Average Kitchen Style: Modem Building Photo (http: // images. vgsi. com / photos /NantucketMAPhotos // \00 \03 \1, Building Layout 2,548 2,120 Extra Features Extra Features Legend No Data for Extra Features Land Land Use Land Line Valuation Building Sub -Areas (sq ft) Legend Gross Living Code Description Area Area BAS First Floor 800 800 FUS Upper Story, Finished 640 640 FBM Basement, Finished 800 560 TQS Three Quarter Story 160 120 WDK Deck, Wood 148 0 2,548 2,120 Extra Features Extra Features Legend No Data for Extra Features Land Land Use Land Line Valuation Use Code Description Zone Neighborhood Alt Land Appr Category Outbuildings 1090 MULTI HSES M01 LUG 1 550 No Code Description SHD1 SHED FRAME Valuation History Valuation Year 2016 2015 2014 2013 2012 Size (Acres) 0.43 Frontage 0 Depth 0 Assessed Value $972,400 Outbuildings Legend Sub Code Sub Description Size Value Bldg # 100 S.F. $1,200 2 Assessment Improvements Land Total $605,300 $972,400 $1,577,700 $508,300 $686,500 $1,194,800 $508,300 $686,500 $1,194,800 $508,300 $686,500 $1,194,800 $518,500 $686,500 $1,205,000 (c) 2016 Vision Government Solutions, Inc. 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EM ,S7 S- m o C J 4 l CtC- AU4&�J&, Bill Information Parcel 0079 -076 Location MLLE Name ° VARIOUS BBs Alerts Effective Date 12/14/2016 Year Cat Bill NS Orig Billed Activity Unpaid Bal Due Now 2016 RE -R 12793 ❑ 5450.02 - 5450.02 .00 AO 2015 RE -R 5916 ❑ 443190 - 4431.80 .00 .00 2014 RE -R 5887 ❑ 461594 - 461594 .00 .00 2013 RE -R 5847 ❑ 4505.46 - 4505.46 .00 .00 2012 RE -R 5831 ❑ 448210 - 4482.10 .00 AO 2011 RE-R 5813 ❑ 443258 -443258 .00 .00 2010 RE -R 5768 ❑ 391192 - 391192 .00 .00 2009 RE -R 5752 ❑ 3929.56 - 3929.56 .00 .00 2008 RE -R 5702 ❑ 3801A2 - 3801.42 .00 .00 2007 RE -R 5650 ❑ 354515 - 3545.15 .00 .00 2006 REA 5617 ❑ 221091 - 2210.81 .00 AO 2005 RE -R 5534 ❑ 220132 - 2201.32 AO A0 2004 RE -R 5520 ❑ 200891 - 200891 AO .00 2003 RE -R 5512 ❑ 2038.63 - 2038.63 .00 .00 2002 REA 5384 ❑ 1%531 - 1965.31 .00 .00 2001 RE -R 34197 ❑ 180437 - 180437 .00 .00 2000 RE -R 34196 ❑ 1769.66 - 1769.66 .00 .00 1999 RE -R 34195 ❑ 2310.43 - 2310.43 .00 .00 1998 RE -R 34194 ❑ 195353 - 195353 AO .00 1997 RE -R 34193 ❑ 1113.45 - 1113.45 .00 .00 Wednesday, Dec 14, 2016 02:40 PM tT 0 N O � O N y A d Vl L LL E rr Ix 9 u � d ao ,x O� Q a a �o Kn O O 0 a 0 0 U ai a _U U a tn O �D M o � a C d C a. o in 12� 000' p°C j 'N o` o— h h N h 00 r 000 00 ... 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O b ON h f1 Ll. i1 LL ¢, ai X y � h y uzz ° aaa °0.40 �000 �Z O 000 ° oxx W Q- 01 Arl u CD 14, M ya - »> o °oo °e W E1 U Q o _ Q fi ° C q UO t- p 0C4 0, '" O O F a v1 O W-, 00 O " *Q d A c� 54 e°000 0 0 v `C=r- U 4 o�r00r v d �O a �►i pip cm o0 h N 1 l O� OOQ?; °', Ov ft" r i jao aF c� a -pOO o000 w o A " u O Q O a w Y d U E:. a! q; Er z oczz N Q0001 o> �rA Q �Mr � h = 0!i a on Or > "� i:rZnz"at GL a N .. 5 N M a = U U � rFW�3 �UWFW via_ Q A —Z 'a' Uc a Zo z cc en en cm Q� www w '°^ a M ME W 3i ., M �N MAeeACMUeano QUITCLAIM ORO e110eT PORN (IMaIUIDUAL) NI Kbx 287 m27-3 WE, BERTRAM R. MacHANNIS a /k /a BERTRAM R. MacMANNIS. JR.. and WILLIAM M. BURKE. as tenants in common, of 8 St. Janes Place. Rowayton, Connecticut 06853, for consideration paid, and in full consideratiau of * ;160.000.00 Xrantto ELIZABETH A. REZENDES. Trustee of South Shore Trust u /d /t dated October a 18. 1987, and recorded in Book.447 Page ,241 at the Nantucks gistry of Deeds, Of Unit i12, Bayberry Square, 1645 Route 26. Centervillh,MA/ 111711 lltB tp4t11Bt10 dw lmd in Nantucket Town and County. Massachusetts. situate at 50 Boulevard, Surfalde, and bounded and described as follows: Wwa4" oM �(tamMoe(m, if alc Lots one (1) through eleven (11). 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 Deedso being approximately .61 acres. For our title see Deed of William J. Devise. Trustee of the Mills Ladd Trust. recorded in Book 283. Page 11 at the Nantucket Registry of Deeds. NANTUCKET LAND BANK FEE ❑ S . ,1C� • = BE AM A1JH OF IM�AXC . M ® Qld: CI Exem;t: So E so X&L hn vnRl�` u K+ssr o eaui.i� V mut ..... and seats this......... ...`.......... day of. .... 44W ... . �... .. ..... ..... ............................. ... ........ ............................... ...... .... . rjLw►sYeopiw' k Be tram R. MacMaemis a/fc/ rtru R. .................................... ............................... HacMannlr r .... r................... ................. William M. Burks .......... ............................... STATE OF CONNECTICUT Fairfield Then personally appeared the above named William M. Burks and acknowledged the foregoing instrument to be h rre act and be[on ; ,`5 ,K tiA1r'rl.tCtCg'P COUIVt'C �"'y�.�, 11V,;tVUd emd Eutuxd ... . . -- ....... .I..Naayt. ...... h'�i'rrSJ NOV , m �loe� R F NOWSK 99 1.�e� oWcoaNEcncur (•I VWUW — joint Tesnub — �� nd QIAii N 31,1983 CHAFM 185 SEC. 6 AS AH°..NM BY CIiAPI'EN 197 OF 1969 Evert dad fer scold sirll e,nlein w have s,Idoe,ed rpa. k the full Irma. lesideneo mid sea eam eddwm of it alk�tkr and reclni the ,mew d the full eQeeilkralnn ther(of b detlers a dIe ANun of dM ether eeesidaaeten fheldw. N eet ddiwlM for a yy�1ecclie aa�I� no. The full Ponder w shill ease the iota for the emoor me widlsot d.dredoe Ser rq liver w errrnlbranrm saumeA he the a ', at Ialrhtins thomo. All sew I. mad Ia1Nb " he Auld r Ort ar o aj Fail, m o,mplr wid. tW satisa Ihab iw olea tlr Wlft af Ny dnL No NSi d douY 1hY1 eelttlt o Mil fa /wadYla aetmk It .10 aeeplioks wld de wtrinmente of dB metien. rn W wvw a wr4 ....uaW". — . . ».r+......+.... .--*w w MlM. ."o oft WHEREAS Alfred s. Rezendes as Trustee of South More 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 tee simpler and whereas there has been such default, and notice has been published, and a sole 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 An said mortgage deed as aforesaid, and of every other power it hereto enabling, and in consideration of the sum of NINBTY THOUSAND AND 00 /100 ($90,000.00)- DDLLAM 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 acid 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: o ewer. am Lots one (1) thraugb four 4t1, inclusive, in Block 166 in the Surfelde Section of Nantucket, Massachusetts shown on the plan of Surfaide, recorded in Book of plans 2, page 61 at the Nantucket Registry of Deeds, being approximately 6,969•agoare feet. Lots five 451 through eleven 1111, inclusive, in block 144 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 15,730 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•applicoble. TO HAVE AND TO HOLD the same to the said Nantucket bank, its heirs and assigns, to its use and behoof forever. -1N WITNESS WHERE_ OF the said Nantucket sank bas 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 7'J day of December in the year one thousand nine hundred and ninety. Signed a" sealed to the pcesemn of NANTUCKET W= �-AA Et' sy, wl - o010s3NN MTR or NASSMMUSVM Nantucket, as. December 31 , 1990 Then personally appeared the above named WILLIAM P. 9=18AN, JR. Senior Vice President and acknowledged the foregoing instrument to be the free act and deed of the NANTUCKET WM,...�_ before me. ai my Commission txpires = to IMV{se1Y11Y �,,,wa.w�ur. •c .w�wawMr. �,ww„ a rn IL I IS 'INTO -11 1 M4358"085 AMAVIT I. William P. nOwrihaa. Jr. the Sesipr Yip &" fresidest a duly setborlssd a9eat of Nantucket Mnk on oats dap"q and say. as behalf of the said Corporation, that default has been made is the Payment of the principal am istepat me4tlonsd in the eesditiaa Of the mert9040 dead ahem referred to. the saki principal OW lasereat sot b"A" baea at the time rhea it became payable. or at any time* paid or tendered to any person satborired to realm the same. and that, pursuant to the proelsias of said morto"o deed and to there uirements of the Statutes or tlW Commm"Welth of na&"cbuaetts, the sold Nantucket aamk pablished on the 2lth OcY Of October, 19" and the 18t eta nth days of November. 1"0 is the raOnirer and mirror a swsysper publieked to Nantucket of wesaiy a potime Of which the following is a trm ..n...,. MAOAawNPtl now -NM wr.w..,.o I also complied with Msssachusetts General Lowe Chapter 244, Section 16, by Maine the reguired notices, certified aril, Man receipt requested, to the parties entitled to such notice. And 1 further depose and any that, puraoaat to sold notice and at the time and place therein appointed, the said default still continuing, the said Nantucket Bank sold the promises conveyed by said mortgage deed at public auction by park S. Tower, a duly licensed auctioneer of C/O Joseph Finn Co., Inc. 180 Needham Street, Newton, Massachusetts to Nantucket Bank of 104 Pleasant Street, Nantucket, Massachusetts, for the eve of NINlTT TNWSAND AND 00 /100 ($90,000.00) DOLLAR$ which said amount was bid by the amid Nantucket Bank and was the highest bid made therefor at said auction. NITHM my hand this 3A day of December 1990. CC 1001IMTN or HASSACHUSCM Nantucket, so. December 3. , 1990 Than persoasily appeased the above named wiiliaip YoZnris Jr. before se, and mode oath that the foregoiaq suu�"i •. statement by his is true, ?; My Commission aspires: i0-V--95 ' ►ax�ucv�r_�xraws �x�trawwe f was NUM r-" COON" JAN faP ff- Pey+eM► BEERS . NAMT OV1A/9 TAX :.4: e.os gQ f M16 fXC TAX f l r N R N w.o •,u�vo p saw wwSWIMT j MYNA W 6 N4 dN 71FMM i - ,.. ,..:..y...w.,+y . � H�Rf3sv41wf N'mLr1M!w- i�YfY/L'.fi1'M'7"•.. •: • yy. Est >+ga•wav�rtP.KSI+I�.v.•+...._. �.. ... �., � - , ;;0M0?XE171 [MTT'rCi.,iM DSC.D NANTUCKET BANK, a banking corporation duly established in the Commonwealth of Massachusetts, having its usual place of business at 104 Pleasant Street, Nantucket, Massachusetts 02554, in consideration of THIRTY THOUSAND FIVE HUNDRED AND 00 /100 ($30,500.00) DOLLARS paid, grants to EDWIN A. LEMBERG, 28 1/2 Pleasant Street, Nantucket, Massachusetts 02554, with QUITCLAIM COVENANTS, .That certain parC@l of land, situated in Nantucket , Nantucket County, Massachusetts, bounded and described as follows: PARCEL TWO Lots five (5) through eleven (11), inclusive, in Block 164 in the Surfside Section of Nantucket, Massachusetts shown on the Plan of Registry ofeDeeds, being approximately 18,7301 square e tuckat feet. The above described premises are subject to and have the benefit of all rights, rights of way, restrictions, easements, road takings and reservations of record, insofar as the same are now in force and applicable. For title see Deed recorded in Book 287 Page 273, Nantucket County Registry of Deeds. IN WITNESS WHEREOF the said Nantucket Bank has caused its corporate goal to be hereto affixed and these presents to be signed in its name and behalf by William P. Hourihaa, Jr- this day 28 of May, 1992. NANTUCKET BANK BY: Willie P. Bmriha r. l I Y �wMwA.172 CO NOWIM"TN of 'NhSBACNVSBM Nantucket, as. May 2a, 1992 Than personally appeared the above named Milliaa P. Neurgma. Jr. and acknowledged the foregoing instrument to be t ...act and deed of the Nantucket Bank, before me, Notar Pu " s.° my Commission Expires: 10 -5-95 cam �raM " � ",�i t �, �" � ate•• O709 M IAM M 281222 3 : a5aa MXIUCW cum DAM m aOOM f1wo comp" ,I;jW FSMWM wvs a wws w7rowvs TIA1474 no saw OWN m77ir MNN&W W�7 i i i C Bk: 01458 Pg: 291 vNJIM11111 Bk: 1458 Pg: 291 Page: t of 2 Doc: DD 11/05/2014 02:47 PM MASSACHUSETTS QUITCLAIM DEED EDWIN A. LEMBERG with an address of 53 Pochick Avenue, Nantucket, MA 02554, For consideration paid in the amount of $ 1.00, grants to VENIVIDIVICI PROPERTY DEVELOPMENT INC., a Massachusetts Corporation, with an address of 53 Pochick Avenue, Nantucket, MA 02554. With QUITCLAIM COVENANTS, The following described parcel of land situated at 55 POCHICK AVENUE, Nantucket, Nantucket County, Massachusetts, together with the buildings and all other improvements thereon: Lots five (5) through eleven (11), 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 18,730 square feet. The above described premises are subject to and have the benefit of all rights, rights of way, restrictions, easements, road takings and reservations of record, insofar as the same are now in force and applicable. For title see Deed recorded in Book 390, Page 171, at the Nantucket Registry of Deeds, Nantucket, Massachusetts. SIGNATURE PAGE TO FOLLOW w Bk: 01458 Pg: 292 /v Jv r� Executed and sealed effective as,gXD tot;6 _, 2014. �7 — G, Edwin A. Lemberg COMMONWEALTH OF MASSACHUSETTS County of Nantucket IW*A- On this J. ' day of , 2014, =ers me, the undersigned notary public, personally appeared Edwin A. Lemberg (a) onally known to me, or (b) proved to me through satisfactory evidence of identification, which was , (type of identification) to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he /she signed it voluntarily for its stated purpose. Notary Public My Commission Expires: s1s/7 NANTUCKET LAND BANK []Paid CERTIFICATE � ] Paid $ ..1Vl u No. ARhOMLbn %tuft" 10 O 6 �y . - ;pgnd Oba26N4 N M- �v •� 7 a 1 T i C xx p s �D �D �c o :D �i ct y ry b :D CD Q 1 EDWIN A. LEMBERG Lots 5 - 11, inclusive, 50 The Boulevard, Nantucket, MA COMMONWEALTH OF MASSACHUSETTS Nantucket,ss CERTIFICATE OF NON - CONTIGUOUS OWNERSHIP I, the undersigned Richard J. Glidden of Glidden & Glidden, P.C., 37 Centre Street, Nantucket, MA 02554, being an attorney duly licensed in the Commonwealth of Massachusetts, hereby certify to the Nantucket Building Department for the purposes of the issuance of a building permit, that I have examined the public records maintained at the Nantucket Registry of Deeds affecting the premises at Pochick Avenue and The Boulevarde, Surfside, being shown as Lots 5 - 11 inclusive, on Plan recorded in Plan Book 2, Page 61 at the Nantucket Registry of Deeds (Tax Map 79, Parcel 076), currently owned by Edwin A. Lemberg, Deed recorded at Book 390, Page 171, hereinafter referred to as the Premises, and I have examined the record title to the properties abutting the Premises, to wit: Northerly abuttor: Northeasterly abuttor: Easterly abuttor: southerly abuttor: Westerly abuttor: Pochick Avenue; Lots 1 -3 in Block 1.66 on said plan; Lot 4 in Block 164 on said plan; The Boulevarde; Clifford Street. I certify that none of the aforesaid lots abutting the premises have been held in common ownership with that of the premises since July, 1972 at or about which time the Zoning By- Law was adopted in Nantucket. Signed under the pains and penalties of perjury this 2nd day of October, 1992. Richard J. Glidden, Attorney Glidden & Glidden, P.C. 37 Centre Street Nantucket, MA 02554 508 -228 -0771