HISTORIC PRESERVATION RESTRICTION
THIS HISTORIC PRESERVATION RESTRICTION is made on
____________________, 2002, by and between NANTUCKET MARIA
MITCHELL ASSOCIATION, a Massachusetts nonprofit corporation with having a usual place of business at Four Vestal Street,
Nantucket, Massachusetts 02554 (“Grantor”), and the NANTUCKET
PRESERVATION TRUST, INC., a Massachusetts nonprofit corporation with a mailing address of Post Office Box 2999, Nantucket,
Massachusetts 02584 (“Grantee”).
Recitals
A. Grantor is the owner of that certain parcel of land, together with the buildings thereon, located in Nantucket,
Nantucket County, Massachusetts, now known and numbered as One and Three Vestal Street, more particularly described in Exhibit
A attached hereto and incorporated herein (the “Property”). The
Property includes the following structure (“Mitchell House”):
The principal wood-framed residence, known as
“Mitchell House”, the birthplace of Maria Mitchell, and also known as “the Swain-Mitchell House,” clad in white cedar shingles in a rectangular form, sidegabled with exterior chimney and roofwalk, built in
1790, as altered by an 1825 kitchen and milk room addition, an 1850 summer kitchen addition, and an attached twentieth century cottage.
B. The Property also includes two structures, a wood frame dwelling known as the “Astronomer’s Cottage” (the
“Astronomer’s Cottage”) and a brick and wood frame building known as the “Observatory” (the “Observatory”).
C. The Property also includes an informal landscaped lawn and garden that complements Mitchell House and contributes to its setting and context (the “Lawn and Garden”).
D. The historic preservation restriction granted by the
Grantor to the Grantee shall be solely on that portion of
Mitchell House shown as “Restricted Building” (the “Restricted
Building”) on that certain Restriction Plan, drawn by Emack
Surveying, dated December 10, 2001 a copy of which is attached hereto as Exhibit B (the “Restriction Plan”) and that portion of the Lawn and Garden shown as “Restricted Lawn and Garden” (the
“Restricted Lawn and Garden”) on the Restriction Plan.
E. The Restricted Building and the Restricted Lawn and
Garden are collectively referred to herein as the “Restricted
Property” (the “Restricted Property”).
F. The Restricted Property expressly excludes, and this historic preservation restriction specifically does not affect

or apply to, (i) the Astronomer’s Cottage; (ii) the Observatory;
(iii) those portions of the Lawn and Garden not specifically included in the Restricted Lawn and Garden on the Restriction
Plan; and (iv) those portions of Mitchell House not specifically included in the Restricted Building, including but not limited to the 1850 summer kitchen addition and the attached twentieth century cottage portions of Mitchell House.
G. Grantee is authorized to accept historic preservation restrictions to protect property significant in national and state history and culture under the provisions of Mass. Gen.
Laws c. 184, §§31, 32, and 33 (the “Act”).
H. Grantee is a publicly supported, tax-exempt, nonprofit organization whose primary purposes include the preservation and conservation of sites, buildings, and objects of national significance and is a qualifying recipient of qualified conservation contributions under Section 170(h) of the Internal
Revenue Code of 1986, as amended, and the regulations thereunder
(the “Code”).
I. The Restricted Property stands as a significant example of the Quaker style of architecture in Nantucket,
Massachusetts, illustrates aesthetics of design and setting, and possesses integrity of materials and workmanship.
J. Because of its architectural, historic, and cultural significance, the Restricted Property was listed in the National
Register of Historic Places in 1966 and is an historically important structure under Section 170(h)(4)(B) of the Code.
K. Grantor and Grantee recognize the architectural, historic, and cultural values (the “Preservation Values”) and significance of the Restricted Property and have the common purpose of conserving and preserving the Preservation Values and significance of the Restricted Property. In addition, Grantor is committed to maintaining the Property in accordance with the provisions of Building with Nantucket in Mind and the policies and procedures of the Nantucket Historic District Commission and in accordance with The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for
Preserving, Rehabilitating, Restoring and Reconstructing
Historic Buildings (36 C.F.R. 67 and 68), as these may be amended from time to time (the “Historic District Commission
Guidelines and the Secretary’s Standards”, to protect the
Preservation Values of the Restricted Property.
L. The Restricted Property’s Preservation Values are documented in a set of reports, drawings, and photographs
(hereinafter “Baseline Documentation”) incorporated herein by reference, which Baseline Documentation the parties agree provides an accurate representation of the Restricted Property
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as of the effective date of this historic preservation restriction.
M. The Baseline Documentation consists of the following:
(1) interior and exterior photographs produced by
______________, dated ___________________, 200__, copies of which are attached hereto as Exhibit C; (2) the Restriction
Plan; (3) research materials collected from the archives of the
Nantucket Maria Mitchell Association Science Library and the
Nantucket Historical Association library and research center;
(4) Nantucket Island Architectural and Cultural Resources Survey of the Restricted Property, prepared in 1989, a copy of which is attached hereto as Exhibit D; and (5) Massachusetts Historical
Commission Inventory Form B of the Restricted Property, prepared by ____________________, dated ________________, 200__, a copy of which is attached hereto as Exhibit E.
N. The grant of this historic preservation restriction by
Grantor to Grantee on the Restricted Property will assist in preserving and maintaining the Restricted Property and its architectural, historic and cultural features for the benefit of the people of the Town and County of Nantucket, Commonwealth of
Massachusetts, and the United States of America.
O. To that end, Grantor desires to grant to Grantee, and
Grantee desires to accept from Grantor, an historic preservation restriction in gross, in perpetuity, pursuant to the Act, on the
Restricted Property.
Covenants
For and in consideration of the mutual agreements and promises herein and for other good and valuable consideration paid, the receipt and sufficiency of which are hereby acknowledged, and pursuant to Section 170(h) of the Code and
Mass. Gen. Laws c. 184, §§31, 32, and 33, Grantor does hereby voluntarily grant and convey unto Grantee this historic preservation restriction (the “Restriction”) in gross, in perpetuity, over the Restricted Property.
1. PURPOSE
It is the purpose of the Restriction (the “Purpose”) to assure that the architectural, historic, and cultural features of the Restricted Property will be retained and maintained forever substantially in their current condition for conservation and preservation purposes, the Restricted Lawn and
Garden will be retained and maintained forever substantially undeveloped and landscaped as a lawn and garden so that it continues to contribute to the historical setting and context of the Restricted Building, and to prevent any use or change of the
Restricted Property that will significantly impair or interfere with the Restricted Property’s Preservation Values.
2. GRANTOR’S COVENANTS
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2.1 Covenant to Maintain.
Grantor agrees at all times to maintain the Restricted Building in the same structural condition and state of repair as that existing on the effective date of the Restriction. Grantor’s obligation to maintain shall also require that the Restricted Property’s landscaping be maintained in good appearance. The existing lawn areas within the Restricted Lawn and Garden shall be maintained as a lawn and regularly mown. Vegetation and screening within the Restricted
Lawn and Garden shall be maintained such that the Restricted
Building at all times remains visible to the public from Vestal
Street. Subject to the casualty provisions of Paragraphs 5.1 and 5.2, this obligation to maintain shall require repair of the
Restricted Building whenever necessary in accordance with the
Historic District Commission Guidelines and the Secretary’s
Standards.
2.2 Prohibited Activities.
The following acts or uses are expressly forbidden on, over, or under the Restricted Property, except as otherwise conditioned in this Paragraph:
(a) The Restricted Building shall not be demolished, removed, or razed except as provided in Paragraphs 5.1 and 5.2.
(b) Nothing shall be erected or allowed to grow on the
Restricted Property that would impair the visibility of the
Restricted Building from Vestal Street.
(c) No other buildings or structures, including satellite receiving, camping accommodations, or mobile homes, except a lightening rod shall be erected or placed on the Restricted
Property hereafter except for temporary structures required for the maintenance or rehabilitation of the Restricted Property, such as construction trailers.
(d) The dumping of ashes, trash, rubbish, or any other unsightly or offensive materials is prohibited on the Restricted
Property.
(e) The Restricted Property shall not be divided or subdivided in law or in fact and the Restricted Property shall not be devised or conveyed except as a unit.
(f) Subject to utility easements already on record, no aboveground utility transmission lines, except those currently existing and those reasonably necessary for Mitchell House, may be created on the Restricted Property.
(g) Subject to the maintenance covenants of Paragraph 2.1, the following original eighteenth and nineteenth century features located within the Restricted Building shall not be removed, demolished, or altered: (1) the floor plans of the first, second, and attic stories; (2) all wood ceiling beams, wood floors including decorative details, and plaster walls and details, including the circa 1920 - 1928 frieze; (3) all doors
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with transom lights and hardware attached; (4) all windows, including panes, sashes, frames, trim, and casings; (5) all seven fireplaces; (6) the root cellar beneath the front hall and sitting room, formerly the 1790 kitchen; (7) hanging strips fitted with knobs or nails located throughout the Restricted
Building; (8) the mirror boards located in between the first floor parlor windows and the front bedroom windows; and (9) the decorative wood graining found in the 1825 kitchen.
3. GRANTOR’S CONDITIONAL RIGHTS
3.1 Conditional Rights Requiring Approval by
Grantee. Without the prior express written approval of Grantee, which approval shall not be unreasonably withheld, Grantor shall not undertake any of the following actions:
(a) With the express exception of restoration (such as restoring the chimneys to their nineteenth century condition), increase or decrease the height of, make additions to, change the exterior construction materials or colors of, or move, improve, alter, reconstruct, or change the facades (including fenestration) and roof and roofwalk of the Restricted Building.
(b) Erect any external signs or external advertisements except the existing sign shown in the photographs attached as
Exhibit B, or any replacement or redesign of such sign, provided, however, that such replacement or redesigned sign shall be of the same size (or smaller) as that now existing, and excepting also: (i) such plaque permitted under Paragraph 19 of the Restriction; (ii) a sign stating solely the address of the
Restricted Property; and (iii) any sign for which the Nantucket
Historic District Commission shall have issued a Certificate of
Appropriateness.
(c) Cut down or otherwise remove healthy trees located within the existing lawn areas of the Restricted Lawn and
Garden.
3.2 Archaeological Activities. Archaeological activities, including without limitation, survey, excavation, and artifact retrieval, may occur only following the submission of an archaeological field investigation plan prepared by Grantor and approved in writing by Grantee and the State Archaeologist of the Massachusetts Historical Commission (Mass. Gen. Laws c. 9,
§27C and 950 C.M.R. 70.00).
3.3 Review of Grantor’s Requests for Approval.
Grantor shall submit to Grantee for Grantee’s approval of those conditional rights set forth in Paragraph 3.1 two copies of information (including plans, specifications, designs, and
Nantucket Historic District Commission application and materials where appropriate) identifying the proposed activity with reasonable specificity. In connection therewith, Grantor shall also submit to Grantee a timetable for the proposed activity sufficient to permit Grantee to monitor such activity. Within
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sixty (60) days of Grantee’s receipt of any plan or written request for approval hereunder, Grantee shall certify in writing that (a) it approves the plan or request, or (b) it disapproves the plan or request as submitted, in which case Grantee shall provide Grantor with written suggestions for modification or a written explanation for Grantee’s disapproval. Any failure by
Grantee to act within sixty (60) days of receipt of Grantor’s submission or resubmission of plans or requests shall be deemed to constitute approval by Grantee of the plan or request as submitted and to permit Grantor to undertake the proposed activity in accordance with the plan or request submitted.
3.4. Standards for Review.
Grantee shall apply the
Historic District Commission Guidelines and the Secretary’s
Standards in exercising any authority created by the Restriction to inspect the Restricted Property or the interior of the
Restricted Building; to review any construction, alteration, repair or maintenance; or to review casualty damage or repair of the Restricted Building following casualty damage.
3.5. Public Access.
Upon Grantee’s reasonable request,
Grantor shall make the Restricted Property and interior of the
Restricted Building accessible to the public on a minimum of two days per year, one day in the spring and one day in the autumn.
At other times deemed reasonable by Grantor, persons affiliated with educational organizations, professional architectural associations, and historical societies shall be admitted to study the Restricted Property. With Grantor’s express written permission, Grantee may make photographs, drawings, or other representations documenting the significant historical, cultural, and architectural character and features of the
Restricted Property and distribute them to magazines, newsletters, or other publicly available publications, or use them to fulfill its charitable and educational purposes, provided, however, that appropriate credit shall be given to
Grantor in all of such cases.
4. GRANTOR’S RESERVED RIGHTS
Grantor’s Reserved Rights Not Requiring Further Approval by
Grantee.
Subject to the provisions of Paragraphs 2.1, 2.2, 3.1, and 3.2, the following rights, uses, and activities of or by
Grantor on, over, or under the Restricted Property are permitted by the Restriction and by Grantee without further approval by
Grantee:
(a) The right to engage in all those activities and uses that: (i) are permitted by governmental statute or regulation; and (ii) are not inconsistent with the Purpose.
(b) The right to maintain and repair the Restricted
Building strictly according to the Historic District Commission
Guidelines and the Secretary’s Standards, provided that Grantor use in-kind materials and colors, applied with workmanship comparable to that which was used in the construction or
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application of those materials being repaired or maintained, for the purpose of retaining in good condition the appearance and construction of the Restricted Building. Changes in appearance, materials, colors or workmanship from that existing prior to the maintenance and repair requires the prior approval of Grantee in accordance with the provisions of Paragraphs 3.1 and 3.2.
(c) The right to continue all manner of existing museum use of the Restricted Property, including but not limited to the maintenance, repair, and restoration of existing fences; the right to maintain existing driveways, roads, and paths with the use of same or similar surface materials; the right to maintain existing utility lines; gardening; building walkways, steps, and garden fences; and the right to cut, remove, and clear grass or other vegetation and to perform routine maintenance, landscaping, horticultural activities, and upkeep, consistent with the Purpose and Paragraphs 2.2 and 3.1.
(d) The right to conduct at or on the Restricted Property educational and nonprofit activities that are not inconsistent with the protection of the Preservation Values of the Restricted
Property.
5. CASUALTY DAMAGE OR DESTRUCTION; TAXES
5.1. Casualty Damage or Destruction.
In the event that the Restricted Building or any part thereof shall be damaged or destroyed by fire, flood, windstorm, hurricane, earth movement, or other casualty, Grantor shall notify Grantee in writing within twenty-one (21) days of the damage or destruction, such notification including what, if any, emergency work has already been completed. If deemed advisable by Grantor, Grantor shall, at its sole expense, obtain and submit to Grantee, as soon after the date of damage or destruction as is reasonably practical, a written report prepared by a qualified restoration architect and an engineer selected by Grantor in its sole and absolute discretion, which report may include the following:
(a) An assessment of the nature and extent of the damage.
(b) A determination of the feasibility of the repair of the damaged or destroyed portions of the Restricted Building.
(c) A report of such repair work necessary to return the
Restricted Building to the condition existing as of the date hereof.
5.2. Review After Casualty Damage or Destruction.
If, after consulting with Grantee, reviewing the report provided in
Paragraph 5.1 if any, and assessing the availability of insurance proceeds after satisfaction of any mortgagee’s/lender’s claims, Grantor determines, in its sole and absolute discretion, that the Purpose will be served by such repair, Grantor shall establish a schedule under which Grantor shall complete the repair of the Restricted Building in
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accordance with plans and specifications obtained by Grantor, in its sole and absolute discretion. Notwithstanding anything herein to the contrary, in no event shall the Grantor’s obligations hereunder exceed the total casualty insurance proceeds available to Grantor.
If, after consulting with Grantee, reviewing the report provided in Paragraph 5.1 if any, and assessing the availability of insurance proceeds after satisfaction of any mortgagee’s/lender’s claims, Grantor determines, in its sole and absolute discretion, that repair of the Restricted Property is impractical or impossible, or that the Purpose would not be served by such repair, Grantor may, without any further action or consent being necessary or required, alter, demolish, remove, or raze the Restricted Building, and/or construct new improvements on the Restricted Property. Grantor and Grantee shall then agree to extinguish the Restriction in whole or in part, as appropriate, in accordance with the laws of the
Commonwealth of Massachusetts, and Grantor shall have the unfettered right to use any available casualty insurance proceeds in any way that Grantor shall, in its sole and absolute discretion, determine.
5.3 Taxes.
Grantor shall pay immediately, when first due and owing, all general taxes, special taxes, special assessments, water charges, sewer service charges, and other charges that may become a lien on the Restricted Property, unless Grantor timely objects to the amount or validity of the assessment or charge and diligently prosecutes an appeal thereof, in which case the obligation hereunder to pay such charges shall be suspended for the period permitted by law for prosecuting such appeal and any applicable grace period following completion of such action.
6. ADMINISTRATION AND ENFORCEMENT
6.1.
Written Notice. Any notice that either Grantor or
Grantee may desire or be required to give to the other party shall be in writing and shall be delivered by one of the following methods: overnight courier postage prepaid, facsimile transmission, registered or certified mail with return receipt requested, or hand delivery; if to Grantor, then to the Board of
Managers of the Nantucket Maria Mitchell Association at Four
Vestal Street, Nantucket, Massachusetts 02554, and if to
Grantee, then to the Board of Directors of the Nantucket
Preservation Trust at Post Office Box 2999, Nantucket,
Massachusetts 02584. Each party may change its address set forth herein by a notice to such effect to the other party.
6.2. Evidence of Compliance.
Upon request of Grantor,
Grantee shall promptly furnish Grantor with certification that, to the best of Grantee’s knowledge, Grantor is in compliance with the obligations of Grantor contained herein or that otherwise evidences the status of the Restriction to the extent of Grantee’s knowledge thereof.
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6.3. Inspection.
With the consent of Grantor, representatives of Grantee shall be permitted at reasonable times to inspect the Restricted Property, including the interior of the Restricted Building, each June on an annual basis at the convenience of both Grantor and Grantee. Grantor covenants not to withhold unreasonably its consent in determining dates and times for such inspections.
6.4. Grantee’s Remedies.
Grantee may, following a minimum of sixty (60) days written notice to Grantor, institute suit(s) to enjoin any violation of the terms of the Restriction by ex parte, temporary, preliminary, and/or permanent injunction, including prohibitory and/or mandatory injunctive relief, and to require the restoration of the Restricted Property to the condition and appearance that existed prior to the violation complained of. Grantee shall also have available all legal and other equitable remedies to enforce Grantor’s obligations hereunder.
Exercise by Grantee of one remedy hereunder shall not have the effect of waiving or limiting any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time.
6.5. Plaque.
Grantor agrees that Grantee may provide and maintain a plaque on the Restricted Property, which plaque shall not exceed 6 inches by 24 inches in size, giving notice of the significance of the Restricted Property and the existence of the
Restriction. The plaque and its placement upon the Restricted
Property shall be approved by Grantor prior to installation, such approval not to be unreasonably withheld.
7. BINDING EFFECT; ASSIGNMENT
7.1. Runs with the Land. Except as otherwise provided herein, the obligations imposed by the Restriction shall be effective in perpetuity and shall be deemed to run as a binding servitude with the Restricted Property. This Restriction shall extend to and be binding upon Grantor and Grantee, and their respective successors in interest and all persons hereafter claiming under or through Grantor and Grantee, and the words
“Grantor” and “Grantee” when used herein shall include all such persons. Any right, title, or interest herein granted to
Grantee also shall be deemed granted to each successor and assign of Grantee and each such following successor and assign thereof, and the word “Grantee” shall include all such successors and assigns.
Anything contained herein to the contrary notwithstanding, an owner of the Restricted Property shall have no obligation pursuant to the Restriction where such owner shall cease to have any ownership interest in the Restricted Property by reason of a bona fide transfer. The restrictions, stipulations, and
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covenants contained in the Restriction shall be inserted by
Grantor, by express reference, in any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Restricted
Property or any part hereof, including by way of example and not limitation, a lease of all or a portion of the Restricted
Property, but excluding any lease with a term of fewer than ninety (90) days.
7.2. Assignment. In the event of (a) Grantee’s dissolution; (b) Grantee’s merger or consolidation with another entity; or (c) with the express written agreement of both
Grantor and Grantee, Grantee shall convey, assign, or transfer the Restriction to a unit of federal, state, or local government or to a similar local, state, or national organization that is a
“qualified organization” under Section 170(h) of the Code and that qualifies under the Act as an eligible donee whose purposes, inter alia , are to promote preservation or conservation of historical, cultural, or architectural resources, provided that any such conveyance, assignment, or transfer requires that the Purpose shall continue to be carried out as a condition of the transfer, and further expressly provided that either (a) the entity to which the Restriction is conveyed, transferred, or assigned is the Massachusetts
Historical Commission; or (b) Grantor shall have, in its sole and absolute discretion, consented to and approved, in writing, the entity to which the Restriction is conveyed, transferred, or assigned.
7.3. Recording and Effective Date. Grantee shall do and perform at its own cost all acts necessary to the prompt recording of the Restriction in the land records of the County of Nantucket. Grantor and Grantee intend that the restrictions arising under the Restriction take effect on the day and year the Restriction is recorded in the land records of the County of
Nantucket.
8. INTERPRETATION
The following provisions shall govern the effectiveness, interpretation, and duration of the Restriction:
(a) The Restriction may be executed in two counterparts, one of which may be retained by Grantor, and the other of which, after recording, may be retained by Grantee and each of which when so executed and delivered shall be an original, but both of which together shall constitute one instrument. In the event of any discrepancy between the counterparts produced, the recorded counterpart shall in all cases govern. In the event of any discrepancy between two copies of any documentation retained by
Grantor and Grantee, the copy retained by Grantee shall control.
(b) The Restriction is made pursuant to the Act, but the invalidity of such Act or any part thereof shall not affect the validity and enforceability of the Restriction according to its
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terms, it being the intent of Grantor and Grantee to agree and to bind themselves and their successors and assigns in perpetuity to each term of the Restriction whether the
Restriction be enforceable by reason of any statute, common law, or private agreement in existence either now or hereafter. The invalidity or unenforceability of any provision of the
Restriction shall not affect the validity or enforceability of any other provision of the Restriction or any ancillary or supplementary agreement relating to the subject matter thereof.
(c) Nothing contained herein shall be interpreted to authorize or permit Grantor to violate any ordinance or regulation relating to building materials, construction methods, or use. In the event of any conflict between any such ordinance or regulation and the terms hereof, Grantor promptly shall notify Grantee of such conflict and shall cooperate with Grantee and the applicable governmental entity to accommodate the purposes of both the Restriction and such ordinance or regulation.
(d) To the extent that Grantor owns or is entitled to development rights which may exist now or at some time hereafter by reason of the fact that under any applicable zoning or similar ordinance the Restricted Property may be developed to use more intensive (in terms of height, bulk, or other objective criteria related by such ordinances) than the Restricted
Property is devoted as of the date hereof, such development rights shall not be exercisable on, above, or below the
Restricted Property during the term of the Restriction, nor shall they be transferred to any adjacent parcel and exercised in a manner that would interfere with the Purpose of the
Restriction.
(e) This Restriction reflects the entire agreement of
Grantor and Grantee. Any prior or simultaneous correspondence, understandings, agreements, and representations are null and void upon execution hereof, unless set out in the Restriction.
9. AMENDMENT
If circumstances arise under which an amendment to or modification of the Restriction would be appropriate, Grantor and Grantee may by mutual written agreement jointly amend the
Restriction, provided that no amendment shall be made that will adversely affect the qualification of the Restriction or the status of Grantee under any applicable laws, including Sections
170(h) and 501(c)(3) of the Code and the laws of the
Commonwealth of Massachusetts. Any such amendment shall be consistent with the protection of the Preservation Values of the
Restricted Property and the Purpose; shall not affect its perpetual duration; shall not permit additional residential development on the Restricted Property other than the residential development permitted by the Restriction on its effective date; shall not permit any private inurement to any person or entity; and shall not adversely impact the overall
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architectural, historic, natural habitat, and open space values protected by the Restriction. Any such amendment shall be effective when the requirements of the Act with respect to amendments have been met and the amendment is recorded in the land records of the County of Nantucket. Nothing in this
Paragraph shall require Grantor or Grantee to agree to any amendment or to consult or negotiate regarding any amendment.
Executed and sealed on ____________________, 2002.
GRANTOR
Nantucket Maria Mitchell
Association
By:
Witness:
_____________________________
_____________________________
_____________________________
Judith F. Lee, President
_____________________________
Peter B. Boyce, Treasurer
GRANTEE
Witness:
_____________________________
Nantucket Preservation
Trust, Inc.
By:
_____________________________
Georgia U. Raysman, President
_____________________________
_____________________________
Clarissa Porter, Treasurer
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COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. _________________, 2002
Then personally appeared the above named Judith F. Lee, in her capacity as President of Nantucket Maria Mitchell Association, and Peter B. Boyce, in his capacity as Treasurer of Nantucket
Maria Mitchell Association, and acknowledged the foregoing instrument to be the free act and deed of Nantucket Maria
Mitchell Association, before me,
_____________________________
Notary Public
Printed Name:
My commission expires:
Nantucket, ss.
COMMONWEALTH OF MASSACHUSETTS
_________________, 2002
Then personally appeared the above named Georgia U.
Raysman, in her capacity as President of the Nantucket
Preservation Trust, Inc., and Clarissa Porter, in her capacity as Treasurer of the Nantucket Preservation Trust, Inc., and acknowledged the foregoing instrument to be the free act and deed of Nantucket Preservation Trust, Inc., before me,
_____________________________
Notary Public
Printed Name:
My commission expires:
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APPROVAL BY SELECTMEN OF THE TOWN OF NANTUCKET
We, the undersigned, being a majority of the members of the
Board of Selectmen of the Town of Nantucket, Massachusetts, hereby certify that at a meeting held on ______________, 2002, we voted to approve the foregoing historic preservation restriction by the Nantucket Maria Mitchell Association to the
Nantucket Preservation Trust, Inc., pursuant to Mass. Gen. Laws c. 184, §32, and also hereby certify that at said meeting we made a finding that said historic preservation restriction is in the public interest.
Board of Selectmen of the
Town of Nantucket
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
Nantucket, ss.
COMMONWEALTH OF MASSACHUSETTS
____________, 2002
Then personally appeared the above named
___________________, in his capacity as a Selectman for the Town of Nantucket, and acknowledged the foregoing instrument to be his free act and deed before me,
_____________________________
Notary Public
Printed Name:
My commission expires:
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APPROVAL BY MASSACHUSETTS HISTORICAL COMMISSION
COMMONWEALTH OF MASSACHUSETTS
The undersigned Executive Director and Clerk of the
Massachusetts Historical Commission hereby certifies that the foregoing historic preservation restriction has been approved pursuant to Mass. Gen. Laws c 184, §32.
Date: ____________, 2002
_____________________________
Cara H. Metz,
Executive Director and Clerk
Massachusetts Historical
Commission
COMMONWEALTH OF MASSACHUSETTS
_____________, ss. ____________, 2002
Then personally appeared the above named Cara H. Metz and acknowledged the foregoing instrument to be the free act and deed of the Massachusetts Historical Commission, before me,
_____________________________
Notary Public
Printed Name:
My commission expires:
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SCHEDULE OF EXHIBITS
A. Legal Description.
B. Restriction Plan.
C. Photographs of the Property.
D. HABS Drawings.
E. Massachusetts Historical Commission Inventory Form B
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EXHIBIT A
That certain parcel of land, together with the buildings thereon, located in Nantucket, Nantucket County, Massachusetts, now known and numbered as 1 and 3 Vestal Street, bounded and described as follows:
SOUTHWESTERLY by Vestal Street, on several courses, one hundred twenty-five and 09/100 (125.09) feet;
NORTHWESTERLY by land now or formerly of Walter F. Lucas and
Eleanor H. Lucas, sixty-two and 70/100
(62.70) feet;
NORTHEASTERLY by land now or formerly of Doris Kynett, land now or formerly of Maxwell Deacon and
Josephine Deacon, and land now or formerly of David E. Webster and Carole P. Webster, sixty-four and 71/100 (64.71) feet;
SOUTHEASTERLY one and 10/100 (1.10) feet,
NORTHEASTERLY fifteen and 20/100 (15.20) feet,
NORTHWESTERLY one (1.00) foot,
NORTHEASTERLY two and 69/100 (2.69) feet,
SOUTHEASTERLY one half (0.50) of a foot,
NORTHEASTERLY ten and 44/100 (10.44) feet, and
NORTHWESTERLY thirty and 78/100 (30.78) feet, by land now or formerly of said Webster;
NORTHEASTERLY by land now or formerly of James F. Guthrie and
Sandra Guthrie, thirty-five and 91/100
(35.91) feet; and
SOUTHEASTERLY by land now or formerly of Catherine Conway and land now or formerly of Milk Street Trust, ninety-two and 94/100 (92.94) feet.
Said land is shown on a plan drawn by Nantucket Surveyors, Inc., dated May 2, 1986, recorded with Nantucket Deeds in Plan File
24-G.
For title, see deeds recorded with Nantucket Deeds in Book 83,
Page 367, Book 85, Page 537, and Book 102, Page 530.
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