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Home My WebLink About04-17 55 Pochick AveFee: $450.00 NANTUCK� Ti 0 10 N CE1*H <, 2018 OEC 16 PM 3: 20 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No._�/ 7 Owner's name(s VENIVIDIVICI PROPERTY DEVELOPMENT INC. Mailing address: 53 Pochick Avenue Nantucket. MA 02554 Phone Number. 508 - 332 -9165 E -Mail: edmarie68��ol.com Applicant's natne(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 & Page /Plan File No.: rots 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 dwelling_) 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. SIGNA 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:--J—/— Building Dept.*J-/_ By:_ Fee deposited with Town Treasurer.—/,_ By:_ Waiver requested: Granted:—/--/— Heating notice posted with Town Clerk: —/—/— Mailed---/—/— I&M_/_/_ &_/_/_ Hearings) held on:_/_/_ Opened on Continued to:—/—/— Withdrawn:—/—/_ Decision Due By:_/_/_ Made:—/—/— Filed w /Town Clerk.—/—/— Mailed.—/—/— ADDENDUM Applicant, VENIVIDVICI PROPERTY DEVELOPMENT, INC., Edwin A. Lemberg,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 county OT NantucKet, MA 7927 62 7977 52 79128 54 z O 79163 58 7974 46 'EwF r AV AV Go g•e ` AOC11iCKAV 79126.1 57 791.26 Property Information Property 7976 3 r� ID Location 55 POCNICK AV a4pnttt' Owner VENMDIVICI 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 15, 2016 PocrrOCKAV 4 79135 59 If 79162 m % ' 1 " =130ft "'EV-MEDCxaV ,e„„ - N I)RTH c n E w ZONE LU& I g MIN LOT : 40,000 FRONTA&E 100 Q 6/G 7% s FRONT YARD 35 SIDE /REAR YARD 10 I H H S � � I I n o' � T �Q— r Y W � REVi —Y STRr US_ M -74229 PARCEL 77 LC- I L _A EDWA F) ARG L. , FA FAWGETT v � 1 AhQ�P j i� TAX MAP 79 PARCEL 25 MARK M5C.15Z CEK T. 24934 ! G PLAN 40406 -A W CLI i j � I rc j O it LL- ?I F.ARGEL A5 DE5LRIBED IN DEED BOOK 1455 PAGE 291 55 POCHICK AVENUE TAX MAP 79 PAR(,EL 76 DEED BOOK )458 PAGE 291 PLAN 2 PAGE 61 PLAN 2010 PAGE 52 5GALF I • 30 12 -13 - 2016 ACKME 5URVEY LL(- PO BOX 446 NANTUCKET 02554 OWAER VE341VIDJVIU PKOPHRTY DEVF OPMEI:T INC. 53 POCH9CK AMRCE TAX WlW . PAR(A_ 76 DEED BOOK 1%58 PAGE 29I PLM 2OC -52 POC.HIC.K 75,00 3 AREA= 'c Q 04 ACRES. 15823 5= N �\ s � O G ..X F \ PRIVATE - 40' AVENUE 'li9"9+ •��CG FG�PO h h NO to � I` I `_J I II I I O h > � � u W V' r ? Y L n Y X�WW� E E 51- MU5T MOVE TO CONFORM TO ZONING LO15 SHOWN DO NOT CONTAIN AKEAS 5U5JEGT TO PROTECTION UNDER T-E MA55AG- IJ5ETT5 WETLANDS PROTECTION A-T W-IILH ARE REQUIRED TO DE EXC.LJDEG =ROM LOT AREA UNC> --K Tt NANTUCKET ZONING 5Y -LAW BUT STi_- REpU1RED TO 5E 5UBJECT -0 PKOTEG ION UNDER 5TATE AND LOGA` VAETLAVC> DYLAW5. C)ZTE4ZYMIAT0N OF ATLtL45UTY WAY DE C5TAIMLi TH ROU64- All -L "TiON, TO THE LON5ERVATlOH COM1115510id. AP?ROVAL BY THE NANTJC.KET PLANNING- SO,S�G NC- KE0JIKE:� DATE FILE NUMDER I I a n nw W Jd d W J { � ti Iwo W: «W I o �o 0 v N ORTH ZONE LJ6 1 w MIN LOT 40,000 FRONTAGE 100 Q &/G 77. I J FRONT YARD 335' I z s SIDE /REAR YARD' 10 j I TAX MAP 79 PARCEL CEKT17422 77 LC PLAN 34745 -A EDWARD C. FAWCETT I 4C — TAX MAP 79 PARCEL 128 WILLIAM A. SUKKE + NANC" J. BOSSIDY CERT, 24295 LC PLAN 41428 -A 14so° � I DWE I \ NC G 9+ s? 3` i3 AREA 5. j J �OFF�iy „o 5s �� I I s,� S A� OU 6� 6 9'�'rr J6 AREA G ' -,.� �� `�5�LC� 04 ACRES. v f� C l5,3o4 5F. W It C FARGEL LOM6INATION FLAN 53 POCHICK AVENUE TAX MAP 79 PARCEL t27 DEED DOCK M16 PAGE 154 PLAN 2 PAGE 61 DEED ROOK 1265 PAGE 214 PLAN 2011 PACE 52 SCALE • 30 12-13-2016 ACKME 5URVEY L'C PO 50X 1448 NANTUCY.ET 02554 OWNER MARIE LEMDEK& ? POGHICK AVENUE TAX MAP 19 PARCFI 171 DEE% GOOF 1418 PACE IS4 PLAN 20ID -52 RH£s /IOwPE6�ul�rlra6 �w� TaE � L6ZD LUM9X Th - �TTS. Ic E Q Q �z r J O� <3omR x z�v °< �t D'C - j LL j� I 1 I I: 9p I \ r I LOTS 5HOWN DO NO- CONTAIN AREA: 5U5JEC- TO PROTECTION U13DE-R TEE MA55AC.HJ5ETT5 WETLAN�5 PROTECTION .ACT WHI'_.H ARE R.= O'JIRED TO 5-_ EXCLUDED FROM LOT AREA LA,' ER THE NANTUC-KET ZONING 5T -'-AA 5UT KEp'JIRED TO 5E SU5.i_CT TO PROTECTION UNDER STATE A1ri WETLAND 5YL.AW5. DETEKM I NA-7ION Cl APPL1CA51LITY MAY DE ODTAINE',� THROUGH AP': -I CATiOn TO ThC CON5ERVA-ION COMM15510N. APPROVAL !';AN`UGKET ?_ANN NO t) N07 REQ -IP�EG FILE n P III W �gnr j Q QW. I I i Q iTAX MAP 79 PARCEL 15 TRU5T I S 5p ?S b- MTW NOMINEE DEED BOOK 1497 PACE 2L5 9 O v9F I I I FARGEL LOM6INATION FLAN 53 POCHICK AVENUE TAX MAP 79 PARCEL t27 DEED DOCK M16 PAGE 154 PLAN 2 PAGE 61 DEED ROOK 1265 PAGE 214 PLAN 2011 PACE 52 SCALE • 30 12-13-2016 ACKME 5URVEY L'C PO 50X 1448 NANTUCY.ET 02554 OWNER MARIE LEMDEK& ? POGHICK AVENUE TAX MAP 19 PARCFI 171 DEE% GOOF 1418 PACE IS4 PLAN 20ID -52 RH£s /IOwPE6�ul�rlra6 �w� TaE � L6ZD LUM9X Th - �TTS. Ic E Q Q �z r J O� <3omR x z�v °< �t D'C - j LL j� I 1 I I: 9p I \ r I LOTS 5HOWN DO NO- CONTAIN AREA: 5U5JEC- TO PROTECTION U13DE-R TEE MA55AC.HJ5ETT5 WETLAN�5 PROTECTION .ACT WHI'_.H ARE R.= O'JIRED TO 5-_ EXCLUDED FROM LOT AREA LA,' ER THE NANTUC-KET ZONING 5T -'-AA 5UT KEp'JIRED TO 5E SU5.i_CT TO PROTECTION UNDER STATE A1ri WETLAND 5YL.AW5. DETEKM I NA-7ION Cl APPL1CA51LITY MAY DE ODTAINE',� THROUGH AP': -I CATiOn TO ThC CON5ERVA-ION COMM15510N. APPROVAL !';AN`UGKET ?_ANN NO t) N07 REQ -IP�EG FILE 55 POCHICK AV Location 55 POCHICK AV Acct# 00007356 Assessment $1,589,800 Building Count 2 Current Value Valuation Year 2016 Owner of Record Owner VENIVIDIVICI PROP DEV INC Co -Owner Address 53 POCHICK AV NANTUCKET, MA 02554 Ownership History Mblu 79/ / 76/ / Owner VENIVIDIVICI PROP DEV INC PID 7356 Assessment Improvements $617,400 Land $972,400 Sale Price $0 Certificate Book & Page 01458/0291 Sale Date 11/05/2014 Instrument 99 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 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 Living Roof Structure: Gable /Hip Roof Cover Asph /F GIs /Crop Interior Wall 1 Plastered Interior Wall 2 800 Interior Fir 1 Pine /Soft Wood Interior Fir 2 640 Heat Fuel Oil Heat Type: Hot Water AC Type: Central Total Bedrooms: 3 Bedrooms Total Bthrms: 4 Total Half Baths: 0 Total Xtra Fixtrs: 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 Usse CoUe Description Zone Neighborhood Alt Land Appr Category Outbuildings 1090 MULTI HSES MO1 LUG 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 Sub Code Sub Description Legend 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. All rights reserved. 0 s- (3>0C1�1 C(C_ AU&I6-- 84 Informatbn Parcel 0079 -076 Location "MULTIPLE Name ° VARIOUS " 'C3'! L231 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 ❑ 4431.80 - 443120 .00 .00 2014 RE -R 5887 ❑ 461594 - 461594 00 .00 2013 REA 5847 ❑ 4505.46 - 4505.46 .00 .00 2012 REA 5831 ❑ 448210 - 448210 .00 .00 2011 REA 5813 ❑ 443258 - 4432.58 AO 00 2010 REA 5768 ❑ 391192 - 391192 .00 .00 2009 RE -R 5752 ❑ 392956 - 392956 .00 AO 2008 REA 5702 ❑ 3801A2 - 3801.42 AO m 2007 RE -R 5650 ❑ 354515 - 3545.15 .00 .00 2006 RE -R 5617 ❑ 2210.81 - 2210.81 AO .00 2005 REA 5534 ❑ 220132 - 22201.32 .00 .00 2004 RE -R 5520 ❑ 200891 - 200891 AO AO 2003 REA 5512 ❑ 2038.63 - 2038.63 AO .00 2002 REA 5384 ❑ 796531 - 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 .00 .00 1997 RE -R 34193 ❑ 1113A5 - 111145 .00 .00 Wednesday, Dec 14, 2016 02:40 PM w et 0 N o � O N N � A d M C N 0 'C O U 0 z~ ra � N O 00 r o1 A a O 0 at C O Q Q Y U x U a o �o u M .a G d O O a > 000 O 0 0 0 0 0 O V O O O C O O .•+ M y r N N %c oo W) v r oO0 � A r a r a W O " y •.. 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Connecticut 06853, hr for consideration paid, and im fail aoosidention of ' =160 .000.00 gratio ELIZABETH A. REZENDES, Trustee of South Shore Trust u /d /t dated October 4 8, 1987, and recorded in Book -127 page ,049 at the Nantuckyt gistsy of Deeds. of Unit 11E. Bayberry Square, 1645 Route 28. Centervillo.MA/uZ r dwlaodin Nantucket Town and County. Massachusetts, situate at 50 Boulevard, surfsids, and bounded and described as follows: IDUa/p" cod mcemhloaam, Y oayl 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 Deeds. being approximately .61 acres. For our title see Deed of William J. Devine, Trustee of the Mills Land Trust. recorded in Book 283, Page 11 at the Nantucket Registry of Deeds. NANTUCKE FEE ® P ^,�d: $ • ,?C�. _ Z COMM AUH Of MASSAC"USM DE �X 'I E D Exemrt• "� ` .80 E � f AUtx..... h2pAV mad seals .........T ................ day of........ Z... i mil...... Be �+ .i�le,�.6 Ii`•,C�IweNVflt'/ Be tram R. MacMaemis af•�t rtram R. ............................ ............................... Mac llannirt..Ji................... «............. Ali ....................... ............................... William M. Burke........... .............................. /STATE OF CONNECTICUT Fairfield &L 6,��► c4 �/��,�� ,y_,.��, 4/�,� Then personally appeared the shove nursed William M. Burke - u: and adowwledged the foregoing inatruawt to be h ree an and before NtAh'Tl.MKI� C•OLNtr (� '• .: .4 ...... .... i 1'kc;trcd Od E111D:C4 ... ........' .,,:. NOV 2'o4 P. M. , ram AAwr*S +tAsLut)'L•�'t. >Kya>.M �atCOPwichKoJT t+�IG►sarr 1�nrnln►wauac ( *1nd;oid sl — Joint Ttmaab — �� 5 WlfiCil51,19A3 CHAPM 1e5 SEC 6 AS ANSM1 U BY CtfAP= 07 of 190 Erer7 deal hr ItXOIa she" aon"in w hm mamW Wm h the foU maw. meideneo and PON oiQ .aam" of the end . recltsl of ds .nwent of she full coa.Weralnn d0mg IN de14n Or the nmufe Of dw aher congAmulm dwxfw, it set ddiwwd ter o no. The full conswendon " elan dw ton! for the colneymw widlsn dedettlml Icr !tees w wnM lame. wed 6� eie psra sr —in;% theaen. A9 mad, � mW redab ri.0 Is medti Y pmt et t;a dmL t YI to omlply wick tW sxriea r6.t1 nw dfed dw .aRatq at wy daL m moles of a" I aiYl amspt a Issa fss wesrdtoa aai� i coepa"Ife vim aw 0"immaam of us recdso. i m m W I wvw a wws &VTones."..M a . i� {�i rr �1A, • ..MMa w.NM� A40 IN .-W . WHEREAS aaf red s. Rerendes as Trustee of South Shore Trust did by mortgage deed, dated June 22, 1999 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 sold 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 notion has been published, and a sale has been made, as will more particularly appear in and by the affidavit hereto to be subjoined. NOW THEREMRE KNOW ALL MEN that the said Nantucket Sank 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 NIUM THOUSAND AND 00 /100 1$90,000.00)•DOLIARS to it paid-by Nantucket Bank of 104 Pleasant Street, Nantucket, Nantucket County, Massachusetts the receipt whereof is hereby acknowledged doss hereby grant, bargain, sell, and convey unto the said Nantucket Bank the promises conveyed by the aforesaid mortgage dud, namely: The land with the buildings thereon situated in Nantucket, Nantucket County, Massachusetts- bounded and described as follow: Lots one (1) through tour (4), inclusive, in Block 164 in the Surtside Section of ftntueket, Massachusetts abowo on the Plain of SuCtside, recorded in Book of Plans 2, Page $I at the Nantucket Registry of Deeds, being approximately 6,969 - square feet. Lots five 01 throw" eleven 1111, inclusive, in flock 144 in the -Surtside section of Nantucket, Massachusetta, shore an the lrlaa of Surfside, recorded in book of Plans 2, Pays ii at the Nantucket Registry of Deeds being approximately 19,730 square feet. The above described premises are subject to and have -the benefit of all rights, rights of wayt restrictions, easements, and road takings and reservations of record insofar as the same are now in force and•applieable. TO HAVE AND TO HOLD the same to the said Nantucket Sank, 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 new and behalf by William P. Nourihan, Jr. its Senior Vice President this 3-1 day of aewhsr in the year one thousand nine hundred and ninety. sinned and sealed in the presence of NANTUCKET BANK n Alt, I Y COI0101EALTb Or MASSAGRUSESTS Nantucket, as. Dmem"T 3. 1!!0 Than personally appeared the above named WILLIAM P. NOURISAN, JR. Senior Vice President sad acknowledged the foregoing instrument to be the free act and deed of the NANTUCKET bA'I y. before me My Commission Expires: Nola If -s -4S- p Wt Y.FMnp� m AFFIDAVrr I, Milllam p. Mourlbaa. Jr. the swelor Vice !resident and duly authorised agent of Nantucket sank on oath depeae and say. an behalf of the said Corporacloa, that default has been node In the payaeat of the principal and latereet mentioned In the Candltlee of the brt gage deed above referred, to, the Said principal Sad inter*st Sot b"I" been at the tine when It became payable. or at any time, paid Or tendered to any person authorised to receive the Ste' Md ehac, pursuant to the Proeiaion of Said Swrtgage deed and to rhe_regnirencnes of the Statutes of t!K roemoswealtkl of Massachusetts. the said Nantucket lank published ON the 29th day of Ottebef. It" Sad the 16t and 9th days of Movember. 1996 iw the Iaquisar and Mirror a sewpsper publiehed In Nantucket of resald. a Motlee of which the followlno is a p- wreesw.n H w1Kww.Ni[. nor ►w_w +� i�ti: L,, I also complied with gsssachusetts General Laws Chapter 244, Section 14, by sailing the required notion, certified sail, retain receipt requested, to the parties entitled to such notice. And 1 further depose and say that. Pursuant to said notice and at the tine 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 Mark 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 seat of NINETY TNWSAND AND 00 /100 ($90,00O.O0) DOLLAN$ which said amount wig bid by the said Nantucket Bank and was the highest bid made therefor at said auction. NITRW sy hand this 3A day of December 1990_ COIMOMSALTN OF MASSAMUSVM Nantucket, as. December 3. , 1990 Than Pmrsowlly appeared the above named Nillia*po�nribv Jr. before se, and made oath that the foregoing sU..0,40ra, statement by him is true, : Z; My Commission moires: iw . a -?r - t�vr tx�r :. +xs a�wtn �►nrtstt:�rE w�nnTUCKCr cv(�Mnr JAN 1 r/ At1Nt �,.ts+t � �/+�sJefpY� tiey�s�ee mom NANT 93/14/9 rAX e.�e e.41 e 1St16 fXCi TAX 0 e r R 4. wares a ors ' w�roiwstiwtaw.►s y SW YOM on"= W 01M1 �M 71FMr 1 1 i s r ��OQ�Or�E171 Ai12'H'2.A2ii DFFn '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 THOUS grants ANDFl EDWIN 00 VEU HUNDRED 00%8 1/2 102 ($30,500.00) DOLLARS paid, Pleasant Street, Nantucket, Massachusetts 02554, with QUITCLAIM COVENANTS, That certain MMaasaahusetts, boundedeand n Nantucket described &9 follows% Nantucket County, PARCEL TWO Lots five (5) through eleven (11), inclusive, in Block 164 in the Surfside,S recorded finaBook of , plans page s6lhat f the Nantucket Registry of Deeds, being approximately 18,730 square feet. The above described premises are subject to an easements, benefit of all rights, rights of way, 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 signed in itslDaame and behalf by x' alias these H urihsne Jr. to be this day Is of May, 1992. NANTUCKET BANK BY: William P. Hoar r• ill i s wvo•7ZA A"DMr* �ur wa .. w►Gw �nwsr "WAWSk..A sw§ wA72 CaMONNULTH a Nantucket, $a. Nay n , 1992 Then personally appeared the above named YMIM P. neuriima. Jr. and acknowledged the foregoing instrument to be the Irte" Oct and deed of the Nantucket Dank, before me, ;,'G� Notar Pu • l- S •C NY Commission Expires:10 -3-93 �' •. '`':,Y MIrEM� g m W WX I rp 281992 3 : gSaa wxnm MLQM Vxm M MWOM "Wo Etmp" Airm FAMM 0 i Bk: 01458 Pg: 291 ( Bk: 1458 Pg: 291 Page: 1 of 2 Doc: DD 11/05/2014 02:47 PM MASSACHUSETTS OUITCLAIM 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 Bk: 01458 Pg: 292 Executed and sealed effective as,Qf QcttIr _, 2014. Edwin A. Lemberg COMMONWEALTH OF MASSACHUSETTS County of Nantucket .WO&- On this L-0' day of , 2014, bef�oo me, the undersigned notary public, personally appeared Edwin A. Lemberg (a) c / personally 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 91 document, and acknowledged to me that he /she signed it voluntarily for its stated purpose. Notary Public My Commission Expires: -1-1117 NANTUCKET LAND BANK CERTIFI(IATE ]Pall $ nempt s No. RUSku:!�,aLhn 7S� X- Lv L. f .D r 7 S Y D T.. D 1 G O �D 7� .T :D w ++ :fi R D � O .D flD n y EDWIN A. LEMBERG Lots 5 - 11, inclusive, 50 The Boulevard, Nantucket, MA Nantucket,ss COMMONWEALTH OF MASSACHUSETTS 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 166 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