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Trust approves easements, partial mortgage release for Lot 9 conveyance at Wiggles Way
Summary
The Affordable Housing Trust approved documents required for the conveyance of Lot 9 (formerly part of 31 Fairgrounds Road) to the land bank, including a declaration of cross-easements, a partial release of mortgage, and related agreements. Staff described maintenance and public-access provisions tied to the lot.
The Affordable Housing Trust voted June 17 to approve execution of documents tied to the conveyance of Lot 9 — part of the former 31 Fairgrounds Road subdivision and commonly described in materials as portions of Wiggles Way.
Staff explained that because the Trust holds the mortgage on the property, it needed to approve a set of documents to allow the conveyance. Vicky Marsh and Christie (staff) walked trustees through the packet, which included a declaration of cross-easements, an acknowledgment terminating an affordable-housing restriction for the specific lot, a partial release of the mortgage, and an agreement related to posting of a bond.
Staff said Housing Nantucket (NHA Properties) will construct and maintain infrastructure on the property — roadways, sidewalks, underground utilities and irrigation — and that certain easements run to Lot 9 (the land-bank parcel) to permit maintenance access. The land bank will hold Lot 9 for open-space purposes in perpetuity pursuant to a previously granted special permit, and Lot 9 will be available for public use; the documents reserve two parking spaces for public use and two maintenance parking spots, and include a well-maintenance easement because an irrigation well is located on the lot.
Trust staff recommended approval. A trustee moved to authorize Trust review and execution of the declaration of cross-easements, the partial release of the mortgage, and the agreement between NHA Properties and the Trust regarding the listed Wiggles Way lots (identified in the packet as lots 1,2,3,4,5,7,9 and 11 formerly part of 31 Fairgrounds Road). The motion was seconded and adopted by roll-call vote. Recorded votes included Brooke Moore, Penny Dye, Dante/John Tom Murphy (as recorded in roll call), Meg Brouwer and Brian Sullivan voting "aye." The motion outcome: approved.
Trust discussion clarified that Lot 9 is the large grassy area between Buildings 1 and 8 and Fairgrounds Road, and that while the complex is on town water the on-site well was installed for irrigation. Trustees also reviewed maintenance responsibilities and noted the land bank already maintains the space.
No additional municipal funding was approved in this vote; the action approved the Trust's acceptance of the documents as mortgagee to allow the conveyance to proceed.
