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Town Meeting Guide April 4, 2007
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MY FAMILY DESERVES TO KEEP OUR HOME
by Eric Shaw Sponsor of Article 71
In the spring of 2003 my family and I found our home on Nantucket situated at the end of a quiet dirt road. We found a home and a community where we could raise our children and live year-round in one of the most beautiful places on earth. We gathered our savings, had the title checked and closed the purchase.

In October of 2005, a certified letter arrived at our home from a Boston law firm informing us that an eminent domain land taking in 1941 - 65 years ago - had given Nantucket Airport the land underneath our home. This was not on the deed. This was not on the site map. This was not on literally dozens of legal documents, maps, plans and surveyor's descriptions. The Airport itself did not realize it for over half a century. How could this be?

We were devastated, confused and desperate for some concrete answers. Imagine being told your home of two years was not, in fact, yours at all; that you were going to lose it. Now imagine you can't get anyone to answer your questions. What are the issues? What is the history? What can we do?

Our inquiries were mainly met with silence. "We'll get back to you," we were told. When we asked what possible use our tiny plot could have for the airport, it was suggested that it might make a nice home for the airport manager. At the time, it seemed to be a joke. My family wasn't amused.

For the better part of the last century, this land has been treated as private property. It has been taxed and building permits have been issued by the town. Airport executives would routinely swing by the house as it was being built years ago to say hello, visit with the builder and see how construction was progressing. How could the town and the airport have believed for 65 years that this land was privately held - only to change their minds today?

Neighbors, friends and island residents who have learned of our situation have been sympathetic and supportive. For the most part they are as confused and mystified by all this as we are.

It is with their encouragement that we have decided to appear before Town Meeting to ask for the support of all residents in allowing us to reach an equitable solution with the Airport Commission that benefits the Town - saving our tax dollars - and saves our family's home.

Please understand why we were so completely shocked to learn that the airport was trying to take our home from under us. Consider:

+ The land taking is noted nowhere in the trail of deeds to our property leading back to 1941 - nowhere;

+ In 1944, the US Department of Defense leased much of Nantucket Memorial Airport and in the surveyor map of the agreement, the land we live on is not included as part of the airport;

+ In 1947 and again in 1957 local surveyor Josiah Bartlett produced for the Airport Commission two documents on the boundaries of the airport - neither includes the land our property sits on;

+ Other plans prepared for the airport in 1980 and in the 1990s show the boundaries of the airport with our property outside those lines.

+ The land has been taxed as private property for years and building permits were issued for our house by the town.

+ This land has no impact on the airport. It creates no impact even if one of the three runways were to be extended; is nowhere near any flight path; is well outside the airport building restriction zone; and is further from the noise boundary and airport fence than many other homes.

Despite our repeated attempts at discussion, the Airport Commission has refused to meet us and discuss the issue, apparently taking the position that they would rather use an expensive court process to force us out of our home than discuss a settlement that would benefit the Town and allow us to remain in our home. While we will fight this case as long as it takes in the courts, this is not about money for us - it is about doing anything we can to save our family home on this island.

In the last few days, the airport has gone public with their plan to use our home for the airport manager. It is now clear to us why we could not get the airport to discuss a settlement that kept us in our home, regardless of any financial benefit to the town.

If the airport truly needs housing for its employees, let it decide to fund such housing in the open, public process we, as a town, have established. If the town decided such housing was needed, funds saved by not litigating our court case could even help pay for it. The money saved not taking this case through the courts could, for example, pay for many years of an airport manager's housing allowance.

The town and the airport are not unaccountable governmental bodies. They are us! Should town money and a closed process be used to force fellow townspeople out of their home? It sounds hokey, but it is simply not right.

Town Meeting begins Monday, April 9 in the Nantucket High School auditorium at 7 p.m. We ask for your support. Our request is a simple one. Please vote Yes on Article 71 at Town Meeting to authorize and direct the Airport Commission to meet with us, avoid costly litigation and develop a mutually beneficial arrangement that will allow us to keep our land and our home.

Please support our efforts to save our home and vote Yes on Article 71. To learn more, please visit us online

at: www.mundyshawfamily.org. I