HomeMy WebLinkAbout018-11 Rufus Realty Trust(Marchese, Michael K. & Joseph P.)
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
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APPLICATION
Owner's name(s):
4f!I{tlf!fJ
File No.j)lf-H
~ Rut=us
Fee: $300.00
Mailing address: 221 BfAOI s-.fl.ur
Phone Number: 7 B I 2.81f ,- 6Cf 00
RE\lf~f j"\4 0215 I
J
REALT'! TRv.sf
MICHAeL I,.( MAnc"~f} 'TfLlhTic
Jlt}.:'~ f. ~i\cHtS~ .:rf\. TRtJSift
E-Mail: jojOM~r ~vert20l'~ "e"i
Applicant's name(s):
ETHAN t1 c(V1 0 R./2o-w
Mailing Address:
po (30)< 105 i-
1.l8 OCfS'
NP.rYlv(~t1 N 025slf
E-Mail: P Thct tl & 7 @ ("01'1 cot S 1. 1P- 'r-
Phone Number:
Locus Address: 7 coppEll. L.ANE
Assessor's Map/Parcel: 'f23 3
crt
Land Court Plan/Plan Book & Page/Plan File No.: P~oOl< /'1- pp&E lf
Deed Reference/Certificate ofTicle: 53/" al Zoning District R. o. 1--/.
Uses on Lot- Commercial: None_ Yes (describe)
Residential: Number of dwellings .. 1.. Duplex
Date of Structure(s): all pre-date 7/72 '(t~ or
Rf!. fPOfqA L
Apartments
.1.
Building Permit Numbers:
Previous Zoning Board Application Numbers:
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
State below or attach a separate addendum of specific special permits or variance relief applying for:
~~ ~~~ ~ Ictl1l~ /1.11\ ""!"., ~-k.,d,-", ft,fj.,J
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herein is substantially complete and true to the
nd penalties of perjury.
SIGNATURE:
Owner*
SIGNATURE:
Applicant/Attorney 1 Agent*
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on:_1 _/ _ By:_ Complete:_ Need Copies:_
Filed with Town Clerk:_1 _/ _ Planning Board:_1 _/ _ Building Dept.:_/ ~ _ By:_
Fee deposited with Town Treasurer:_1 _/ _ By:_ Waiver requested:_
Granted:_/ _I _ Hearing notice posted with Town Clerk:_1 _I _ Mailed:_1 _I _
I&M_I _/ _ &_/_1_ Hearing(s) held on:_/ _I_Opened on :_1 ~_
Continued to:_/ _I _ Withdrawn:_/ _I _ Decision Due By:_1 _I _
Made:_/ _/ _ Filed w ITown Clerk:_/ _I _ Mailed:_/ _I _
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile
Nantucket Zoning Board of Appeals
PUBLIC NOTICE
A PUBLIC HEARING of the NANTUCKET ZONING BOARD OF APPEALS is scheduled
for 1:00 PM March 10,2011 in the Garage Area at 2 Fairgrounds Road, Nantucket, MA, 02554.
The application materials may be reviewed at the Zoning Board of Appeals office at 2
Fairgrounds Road, Nantucket, MA 02554 between the hours of 8:30 A.M. and 4:30 P.M.,
Monday through Friday. Please submit written comments for the March 10,2011 meeting by
4:30 PM on Wednesday March 2,2011 and address them to the Nantucket Zoning Board of
Appeals at the above address, faxed to (508) 228-7298, or e-mailed to ibrescher@nantucket-
ma.gov
RUFUS REALTY TRUST, MICHAEL K. MARCHESE AND JOSEPH P.
MARCHESE, JR., TRUSTEES, FILE NO. 018-11
Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw
Sections 139-33.A.(4) and (5) (alteration of preexisting nonconforming structure) in order
to enclose an existing fIrst floor deck sited in the rear yard setback and to construct an
addition on the southerly and westerly side of the structure. Said addition will not
encroach into the side or rear yard setbacks. The structure is preexisting nonconforming
as to rear yard setback being sited as close as 2.5 feet from the rear yard setback in a
zoning district that requires a five foot rear yard setback. The Locus is situated at 7
Copper Lane, is shown on Nantucket Tax Assessor's Map 42.3.3 as Parcel 91, is shown
on Plan Book 14, Page 4, and title is recorded at the Nantucket County Registry of Deeds
in Book 831, Page 81. The property is zoned Residential Old Historic.
2 Fairgrounds Road . Nanrucket, MA 02554
508.228.7215 telephone. 508.228.7298 facsimile
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ATTORNBYS.AT-LAW
PINKHAM PKOI"J:SS!OtllAl.. BUJU>1NO
221 BEACHSTREBT
REVERE, MASSACHUSE'ITS 02151
-i
TBLBPHONE (781) 284--6900
FAX (781) 289-4628
jojoJ08J'@~eriion.net
ToWn of Nantucket
8oar4 of Appeals
2' Fairgrounds Road
Nantucket, MA 02554
february 14,2011
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RE:
7 Copper Lane '
Nantucket, MA
(Enclosme)
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Honorable Members: j
Kindly ~ advised that I am requesting permymon t~ enclose the deck at the rear of my
home. This deck bas existed since 1977. I
!
The reason for the enclosqre is to extend my f.ritchen and ctiniDg room.
This requested enclosure shall aesthetica.Jty eJ,h8Jlce the Il['~ce nfthe home and will
add to the surrOWlding area.. i
Your permission shall be ~y appreciate I
Thank you.
JPMlmb
Enclosures
# j5,OrJ
RECEIVED
BOARD OF ASSESSORS
FEB 0 9 2011
Town of Nantucket
TOWN OF
NANTUCKEt MA
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
PROPERTY OWNER......... .~.~~~H.... r!!-~.~.v.~. [..............................
MAILING ADDRESS............. 1..... ~~f.~~I?:....~..............................
7 coPfE~ uJ .
PROPERTY LOCATION..................................................................
t2-33 r /
ASSESSOR MAP/P ARCEL...............................................................
f5ItAN ~tf'1 012. (low
SUBMITTED By...........................................................................
22 9 CI'fS 6
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
property, owners of land directly opposite on any public or private street or way;
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B
(2).
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Nantucket Zoning Board of Appeals
, ',qo
Zoning Board of Appeals
PUBLIC NOTICE
MAR () l 2011
RECEIVeO
A PUBLIC HEARING of the NANTUCKET ZONING BOARD OF APPEALS is scheduled
for 1:00 PM March 10,2011 in the Garage Area at 2 Fairgrounds Road, Nantucket, MA, 02554.
The application materials may be reviewed at the Zoning Board of Appeals office at 2
Fairgrounds Road, Nantucket, MA 02554 between the hours of 8:30 A.M. and 4:30 P.M.,
Monday through Friday. Please submit written comments for the March 10,2011 meeting by
4:30 PM on Wednesday' March 2, 2011 and address them to the Nantucket Zoning Board of
Appeals at the above address, faxed to (508) 228-7298, or e-mailed to ibrescher@nantucket-
ma.gov
Nantucket Zoning Board of Appeals
2 Fairgrounds Road
Nantucket, MA 02554
February 28,2011
Dear Sir or Madam:
I am writing in response to the notice sent to me regarding a public hearing of the
Nantucket Zoning Board of Appeals scheduled for 1:00 PM on March 10, 2011.
I would like to STRONGLY OBJECT to the request by the owners of the property at 7
Copper Lane to enclose an existing first floor deck directly behind my aunt's
(Barbara Melendy) property at 25 Milk Street I have been handling my aunt's
financial and other matters since March of 2008 (Durable Power of Attorney
enclosed). I am also the Trustee of the Twenty-five Milk Street Nominee Trust
(Acceptance of Appointment enclosed). Barbara is now residing at Our Island Home
on Nantucket (since October 2010).
Barbara has been living in Nantucket most of her life. She bought the house at 25
Milk Street in the 1960's. She painstakingly restored it and maintained a lovely
garden, primarily by herself. She generously shared it with family members of
various ages for many years. The family plans to make frequent visits in the warmer
weather and hopefully bring her over to enjoy the backyard and see that the house
is OK. The idea of such a structure looming over the property would break her
heart, or worse. Were she in a position to protest, I guarantee she would fight this
proposal fiercely!
I hope you will understand the impact this structure would have on the property
and our family now and in the future. In her stead, I am asking you to deny the
request for this enclosure/addition.
Thank you ftw-your time and attention to this matter.
Sincerely yours,
~ f\\ .1V\ru).Q..
Henrietta M. Morse
My contact information is:
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Cell phone: 703-989-3918
Email: nitamorse@aol.com
Address: Henrietta M. Morse
3806 Garfield Street, NW
Washington, DC 20007
Nantucket Zoning Board of Appeals
PUBLIC NOTICE
A PUBLIC HEARING ofthe NANTUCKET ZONING BOARD OF APPEALS is scheduled
for 1 :00 PM March 10, 2011 in the Garage Area at 2 Fairgrounds Road, Nantucket, MA, 02554.
The application materials may be reviewed at the Zoning Board of Appeals office at 2
Fairgrounds Road, Nantucket, MA 02554 between the hours of 8:30 A.M. and 4:30 P.M.,
Monday through Friday. Please submit written comments for the March 10,2011 meeting by
4:30 PM on Wednesday March 2,2011 and address them to the Nantucket Zoning Board of
Appeals at the above address, faxed to (508) 228-7298, or e-mailed to ibrescher@nantucket-
ma.gov
RUFUS REALTY TRUST, MICHAEL K. MARCHESE AND JOSEPH P.
MARCHESE, JR., TRUSTEES, FILE NO. 018-11
Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw
Sections 139-33.A.(4) and (5) (alteration of preexisting nonconforming structure) in order
to enclose an existing fIrst floor deck sited in the rear yard setback and to construct an
addition on the southerly and westerly side of the structure. Said addition will not
encroach into the side or rear yard setbacks. The structure is preexisting nonconforming
as to rear yard setback being sited as close as 2.5 feet from the rear yard setback in a
zoning district that requires a fIve foot rear yard setback. The Locus is situated at 7
Copper Lane, is shown on Nantucket Tax Assessor's Map 42.3.3 as Parcel 91, is shown
on Plan Book 14, Page 4, and title is recorded at the Nantucket County Registry of Deeds
in Book 831, Page 81. The propelty is zoned Residential Old Historic.
l Fairgrounds Road. Nailtucket, ~1A 0255.-1
'5111::U2S.7215 telephonc . 508.228.7298 j",u:simih.:
Nantucket Zoning Board of Appeals
PUBLIC NOTICE
A PUBLIC HEARING of the NANTUCKET ZONING BOARD OF APPEALS is scheduled
for 1 :00 PM March 10,2011 in the Garage Area at 2 Fairgrounds Road, Nantucket, MA, 02554.
The application materials may be reviewed at the Zoning Board of Appeals office at 2
Fairgrounds Road, Nantucket, MA 02554 between the hours of 8:30 A.M. and 4:30 P.M.,
Monday through Friday. Please submit written comments for the March 10,2011 meeting by
4:30 PM on Wednesday March 2,2011 and address them to the Nantucket Zoning Board of
Appeals at the above address, faxed to (508) 228-7298, or e-mailed to ibrescher@nantucket-
ma.gov
RUFUS REALTY TRUST, MICHAEL K. MARCHESE AND JOSEPH P.
MARCHESE, JR., TRUSTEES, FILE NO. 018-11
Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw
Sections 139-33.A.(4) and (5) (alteration of preexisting nonconforming structure) in order
to enclose an existing first floor deck sited in the rear yard setback and to construct an
addition on the southerly and westerly side of the structure. Said addition will not
encroach into the side or rear yard setbacks. The structure is preexisting nonconforming
as to rear yard setback being sited as close as 2.5 feet from the rear yard setback in a
zoning district that requires a five foot rear yard setback. The Locus is situated at 7
Copper Lane, is shown on Nantucket Tax Assessor's Map 42.3.3 as Parcel 91, is shown
on Plan Book 14, Page 4, and title is recorded at the Nantucket County Registry of Deeds
in Book 831, Page 81. The propelty is zoned Residential Old Historic.
2 Fairgruunds Road, NanlLlt:kc:l, MA 02554
SOl::U28.7215 telephone' 508.228.7298 facsimile
,...
0f~ 11-b!CI;
DURABLE POWER OF ATTORNEY
I, BARBARA MELENDY, of 25 Milk Street, Nantucket, MA 02554, hereby appoint
HENRIETTA MELENDY MORSE, of 3806 Garfield Street, NW, Washington, DC
2007, to serve as my agent and attorney in fact (hereinafter referred to as my
attorney), for me and in my' name and behalf to control and manage my property and
affairs in all respects including full power and authority:
1. GENERAL GRANT OF POWER. To exercise or perform any act,
power, duty, right or obligation whatsoever that I now have or may hereafter acquire,
in relation to any person, matter, transaction or property, real or personal, tangible or
intangible, now owned or hereafter acquired by me, including, without limitation, the
specifically enumerated powers. I grant to my attorney full power and authority to do
everything necessary in exercising any of the powers herein granted as fully as I
might or could do if personally present, with full power of substitution or revocation,
hereby ratifying and confirming all that my attorney shall lawfully do or cause to be
done by virtue of this power of Attorney and the powers herein granted.
(a) Powers of Collection and Payment. To pay my current bills
and just debts; to collect, receive, request, demand, sue for, recover, and hold all
such sums of money, debts, dues, commercial paper, checks, drafts, accounts,
deposits, legacies, bequests, devises, notes, interests, stock certificates, bonds,
dividends, certificates of deposit, annuities, pension, profit sharing, retirement, social
security, insurance and other contractual benefits and proceeds, all documents of
title, all property and property rights and demands whatsoever, liquidated or
unliquidated, now or hereafter owned by, or due, owing, payable or belonging to me,
or in which I have or hereafter acquire an interest; to have, use, and take all lawful
means for the collection and recovery thereof, to adjust, sell, compromise, and agree
for the same, and to execute and deliver for me, on my behalf, and in my name, all
endorsements, releases, receipts, or other sufficient discharges for the same;
(b) Power to ACQuire and Sell. To acquire, purchase, exchange,
grant options to sell, mortgage (including a reverse mortgage), pledge, lease,
transfer, assign, deliver, conveyor otherwise dispose of real and personal property,
tangible or intangible, or interests therein, on such terms and conditions as my
attorney shall deem proper, and in connection therewith to sign, seal, execute and
deliver deeds, bills of sale, stock powers, and any other documents necessary or
convenient to accomplish such action, and no purchaser, transferee or assignee
shall be bound to see to the application of the proceeds;
(c) Manaaement Powers. To invest and reinvest, maintain,
repair, improve, manage, insure, rent, lease, encumber, and in any manner to deal
with any real or personal property, tangible or intangible, or any interests therein,
that I now own or may hereafter acquire, to enter any premises leased by me and to
Page 1 of 8 Pages
.'"
care for any such premises and its contents, all upon such terms and conditions as
my attorney shall deem proper;
(d) Bankina Powers. To make, receive, sign and endorse checks
and drafts, deposit and withdraw funds, acquire and redeem certificates of deposit,
in banks, savings and loan associations and other institutions, execute or release
such deeds of trust or other security agreements as may be necessary or proper in
the exercise of the rights and powers herein granted, to open and close checking
and savings accounts, to certify my taxpayer identification number;
(e) Votina Powers. To exercise either in person or by proxy, any
voting rights I have, with respect to any condominium, condominium association,
condominium trust or real estate cooperative;
(f) Business Interests. To conduct or participate in any lawful
business. of whatever nature for me and in my name; to execute partnership
agreements and amendments thereto; incorporate, reorganize, merge, consolidate,
recapitalize, sell, liquidate or dissolve any business; elect or employ officers,
directors and agents; carry out the provisions of any agreement for the sale of any
business interest or the stock therein; and exercise voting rights with respect to
stock, either in person or by proxy, and exercise stock options;
(g) Investment Powers. With respect to any investment
accounts, whether presently opened or hereafter opened, to make purchases and
sales (including short sales); to subscribe for and trade in stocks, bonds, options, or
other securities, or limited partnership interests or investments and trust units,
whether or not in negotiable form, issued or unissued, foreign exchange,
commodities, and contracts relating to same (including commodity futures), on
margin or otherwise, for my account and risk; to deliver or surrender securities to my
attorney on my account; to order payment of moneys from my accounts and to
receive and direct payments from my accounts; to sell, assign, endorse and transfer
any stocks, bonds, options or other securities of any nature, at any time standing in
my name and to execute any documents necessary to effectuate the foregoing, to
receive statement of transactions made for my account; to approve and confirm the
same; to receive any and all notices, calls for margin, or other demands with
reference to my accounts; and to make any and all agreements with reference to
such accounts on my behalf;
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(h) Tax Powers. To prepare, sign and file joint, separate or single
income tax returns or declarations of estimated tax for any year or years; to apply for
and receive any refund due me, to receive any communications with respect to any
tax, and to appear for me and represent me before any federal, state or municipal or
other agency in connection with any tax matter; to prepare, sign and file gift tax
returns with respect to gifts made by me or by my attorney hereunder for any years
or years; to consent to any gift and to utilize any gift-splitting provisions or other tax
election; and to execute any Power of Attorney designation on forms required by the
Page 2 of 8 Pages
Internal Revenue Service or any state department of revenue or taxation for three
tax years prior to the date of this instrument and for all tax years hereafter;
(i) Safe Deposit Boxes. To have access at any time or times to
(and to enter by force if necessary) any safe deposit box rented by me, wheresoever
located, to remove all or any part of the contents thereof, and to surrender or
relinquish said safe deposit box; and any institution in which any such safe deposit
box may be located shall not incur any liability to me or my estate as a result of
permitting my attorney to exercise this power;
(j) Gift Makino Powers. To make gifts, by deed or otherwise, to
my spouse without restriction; to make gifts from my property to one or more
charitable organizations, the choice of such organizations and the amount of such
gifts to be determined In the sole discretion of my attorney, taking into account the
desirability of income-tax deductions for the current year and my prior charitable-
giving practices; to make gifts of present interests from my property to any of my
children and grandchildren or to any trust for the exclusive benefit of anyone or
more of them, not to exceed in any case the maximum amount which I might give to
the donee without making a taxable gift for federal gift tax purposes, and it shall not
be necessary that such donees receive equal amounts; to give any item or items of
my property to any person named in any current, valid will of mine, provided that the
aggregate gifts to a donee in any year shall not exceed the applicable federal gift tax
exclusion, except for transfers of property to any trust according to following
paragraph (k), which may exceed such annual exclusion amount for three tax years
prior to the date of this instrument and for all tax years hereafter;
(k) Powers Under Inter Vivos Trust. To transfer, convey and
deliver any and all of my property, real and personal, to the trustees of any revocable
or irrevocable trust created by me as donor, and to do all things necessary or
convenient to accomplish the same, including without limitation the power to sign,
seal, execute and deliver deeds, bills of sale, and stock powers; to create and fund
any trust, revocable or irrevocable, for the benefit of myself and issue that I may
have power to create; to amend or revoke any such trust to the same extent that I
am empowered to do so according to the terms of such trust;
(I) Estate Plannino Powers. To take such action or to apply
funds in a manner and for a purpose that is in keeping with my estate planning
wishes, without petition to or leave of court, to conserve my property, benefit my
descendants and other relatives, minimize current or prospective federal and state
taxes, and maximize entitlement to or availability of federal and state medical,
welfare, housing, and other public programs for myself or my descendants, including
without limitation to make gifts to my spouse, children, relatives, friends or charities
as would likely be the recipients of such gifts from me, to make revocable or
irrevocable transfers of my property into trusts (whether established by me, my
attorney or any other person) for the benefit of myself or others, to establish, fund or
contribute to any education accounts such as so-called Coverdell IRA or 529
Page 3 of 8 Pages
accounts. To the extent the powers conferred under this paragraph are inconsistent
with the limits on giftmaking powers conferred in paragraph 0) above, the provisions
of this paragraph (I) shall take precedence; and it shall not be deemed to be self-
dealing on the part of my spouse named as my attorney herein to make gifts,
transfers or dispositions to or for herself or my children, because my spouse and
children are the objects of my bounty in harmony with my estate plans;
(m) Power to Make Statutory Elections and Disclaimers. To
make on my behalf any and all statutory elections and to disclaim any interest in
property passing to me by gift, bequest, devise or other transfer if my attorney in the
exercise of his or her sole discretion determines that such disclaimer is likely to
increase the after-tax amount ultimately passing to my family after my decease
without materially affecting my well-being;
(n) Power to Act in Probate Proceedinas. To represent me and
any interest I may have as an individual in connection with any estates or trusts,
including the power to assent to accounts or other proceedings;
(0) Retirement Plan Powers. To deal with all retirement plans of
which I am a member including, but not limited to, individual retirement accounts,
Keogh plans, pension and profit-sharing plans, settlement options and distributions,
roll overs and voluntary contributions; to change the beneficiary of such plans; to
consent to any election to waive a qualified joint and survivor annuity form of benefit
in any of my spouse's retirement plans; to convert any such accounts to an annuity;
to liquidate any such accounts;
(p) Insurance Powers. To exercise all rights I may have under
policies of life insurance, whether on my life or that of another, including powers to
borrow on the policy, name a new or additional beneficiary, assign the policy or
name a new owner of the policy, elect settlement options, accumulate dividends or
have dividends paid out, apply for waivers of premiums or disability income, and
surrender the policy for cash value; and to exercise all such powers with respect to
any National Service life Insurance policy under which I am entitled to benefits;
(q) Motor Vehicles. To apply for a Certificate of Title upon, and
endorse and transfer title thereto, any automobile or other motor vehicle and to
represent in such transfer assignment that the title to said motor vehicle is free and
clear of all liens and encumbrances except those specifically set forth in such
transfer assignment;
(r) Governmental Entitlement Powers. To deal with any and all
state or federal agendes from whom I receive or am entitled to receive governmental
benefits of any description or amount in order to: (i) prepare and file all documents
required by such agencies; (ii) apply for any benefits to which 1 may be entitled; (iii)
modify the amounts or terms of such entitlements; (iv) assert my rights against any
Page 4 of 8 Pages
curtailment or termination of benefits; (v) appeal or compromise any contested claim;
(vi) effect a termination thereof;
(s) Power to Desianate a Substitute. To appoint and substitute
for my attorney any . agents or attorneys for any or all of the purposes herein
enumerated, and their authority at pleasure to revoke;
(t) Powers to Provide for mv Care. To make such use of my
personal and real property as is necessary to provide for my maintenance,
transportation, and necessary medical, dental and surgical care, hospitalization and
custodial care;
(u) Reverse Mortaaae Powers. To negotiate, obtain and close a
reverse mortgage for me and in my name to be secured by any real estate that I may
now or hereafter own as my home and residence; to execute and deliver all
documents in connection with such reverse mortgage; to execute an end of term
plan for the ultimate disposition of my said residence; and to take any other action(s)
necessary for this purpose, in order to satisfy the terms and conditions of the reverse
mortgage loan;
(v) To Chanae and Establish Domicile. To maintain, change
and/or establish my residence and domicile, including without limitation, the authority
to express on my behalf an intent to return to a residence in order to preserve any
homestead or principal residence exemptions to which I may be entitled under
federal or state law;
(w) In addition to the foregoing, my attorney hereunder may act as
my alter ego with respect to any and all possible matters and affairs not otherwise
enumerated herein and which I as principal can do through an agent.
2. HEALTH CARE DECISIONS AND FUNERAL PLANS. To authorize
my admission to a medical, nursing, residential or similar facility and to enter into
agreements for my care.
To enter contracts for my funeral, burial or cremation and to pay in advance
for such funeral arrangements; to establish a bank account designated as a funeral
account for purposes of my funeral arrangements.
3. GUARDIANSHIP. If it is deemed necessary to seek the appointment
by a probate court of a guardian of my person or a conservator of my estate, I
hereby nominate HENRIETTA MELENDY MORSE, for appointment by such court to
serve as such fiduciary.
In the event HENRIETTA MELENDY MORSE is not able to serve,
then I nominate HENRY WARD ABBOT in her place and stead. Nothing in this part
shall be construed as a direction that such a petition be filed or such appointment be
Page 5 of 8 Pages
made, and it is my express wish that such action be taken only when and if
absolutely necessary.
4. SUCCESSOR ATTORNEYS IN FACT and COMPENSATION FOR
MY ATTORNEY. In the event the said HENRIETTA MELENDY MORSE for any
reason ceases or is unable to serve under this power, then I grant the same
aforesaid powers in every respect to HENRY WARD ABBOT. A written statement
by the said HENRY WARD ABBOT as to the cessation or inability of HENRIETTA
MELENDY MORSE to serve shall be conclusive evidence of such fact, and any third
party may rely upon the same in dealing with him under this power.
My attorney shall be entitled to prompt reimbursement for any expenses he or
she may incur and to reasonable compensation for his or her time, effort and
services as my attorney.
5. THIRD PARTY RELIANCE. Third parties may rely upon the
representations of my attorney as to all matters pertaining to any power granted to
my attorney, and no person who may act in reliance upon the representation of my
attorney or the authority granted to my attorney shall incur any liability to me or my
estate as a result of permitting my attorney to exercise any power. Failure to honor
this appointment and to recognize the authority of my attorney hereunder shall be
actionable.
6. EMPLOYMENT OF EXPERTS. To employ and compensate agents,
accountants brokers, attorneys-in-fact, attorneys-at-law, tax specialists, licensed real
estate brokers, licensed salesmen and other assistants and advisors deemed by my
agent needful for the proper administration of my assets, and to do so without liability
for any neglect, omission, misconduct, or default of any such agent or professional
representative provided he or she was selected and supervised with reasonable
care. I authorize my agent to consult with my attorneys, physicians, accountants,
financial advisors, and/or other professionals with respect to any issue regarding the
management of my affairs, including but not limited to my physical or mental
capacity to manage my affairs. I request my advisors cooperate with my agent and
to the extent necessary to effectuate this purpose, I hereby waive in favor of my
agent any and all privileges such as the attorney-client privilege, the patient-
physician privilege, and/or similar protections of a confidential relationship.
7. ATTORNEY-IN-FACT DISCLOSURE. Any person appointed
hereunder as attorney-in-fact may request of any other duly appointed attorney-in-
fact information and accountings of his or her acts or actions as fiduciary, such
information to be provided in writing or orally, as the parties may agree. Provided
however, that my spouse acting as my attorney-in-fact hereunder shall not be
required to comply with any such disclosure request; and any actions undertaken by
my spouse as attorney-in-fact hereunder shall be conclusively presume to be
appropriate and performed with my full consent and approval.
Page 6 of 8 Pages
8. HIPAA AUTHORITY. My attorney appointed hereunder may release
authority that applies to any information governed by the Health Insurance Portability
and Accountability Act of 1996 (HIPAA), 42 USC 1320d and 45 CFR 160-164, as
now in effect, and as such law may from time to time hereafter be amended. I intend
that my attorney shall be treated as I would be, with respect to my rights regarding
the use and disclosure of my individually identifiable health information or other
medical records.
My attorney, in any matter involving my health care, may cooperate with and
assist any person lawfully appointed by me to make health care decisions on my
behalf, and in connection with the foregoing. My attorney shall be exempt from any
liability to any person for such cooperation and assistance.
I authorize any physician, health-care provider, any insurance company and
the Medical Information Bureau Inc. or other health-care clearinghouse that has
provided treatment or service to me, or that has paid for or is seeking payment from
me for such services, to give, disclose and release to my attorney, without
restriction, all of my individually identifiable health information and medical records
regarding any past, present or future medical or mental health condition, including all
information relating to the diagnosis and treatment of HIV/AIDS, sexually transmitted
diseases, mental illness, and drug or alcohol abuse.
The authority given to my attorney shall supersede any prior agreement
that I may have made with my attorney to restrict access to or disclosure of my
individually identifiable health information and medical records.
As long as this Durable Power of Attorney remains in full force and effect,
the HIPPA release authority given under this Paragraph 8 has no expiration date
and shall only expire in the event that I revoke the authority in writing and deliver
it to my attorney.
9. INTERPRETATION AND GOVERNING LAW. This instrument is
executed and delivered in the Commonwealth of Massachusetts, and the laws of the
Commonwealth of Massachusetts shall govern all questions as to the validity of this
power and construction of its provisions.
10. DISABILITY OR INCAPACITY OF PRINCIPAL. This Durable Power
of Attorney shall not be affected by my subsequent disability or incapacity, and shall
be binding not only upon me but also upon my heirs, executors and administrators
up to the time of the receipt by my said attorney of a written revocation signed by
me or of reliable intelligence of my death. This Durable Power of Attorney shall be
exercisable notwithstanding the lapse of time since the execution of this instrument.
Page 7 of 8 Pages
1
11. REVOCATION OF PRIOR INSTRUMENTS. If I have executed any
Durable Powers of Attorney prior to the date of this instrument, I hereby revoke any
such earlier documents and the powers conferred therein.
IN WITNESS WHEREOF, I have executed this Durable Power of Attorney
this 26th day of July, 2005. ,0
fJ~~
BARBARA MELENDY
We, the undersigned, have witnessed the signing of this document by the
Principal or at the direction of the Principal and state that the Principal appears to be
at least eighteen years of age, of sound mind and under no constraint or undue
influence. We have not been named as the Principal's agent or attorney-in-fact, or
as successor agent or attorney-in-fact in this document.
. I (Qob v UvdJ! tJoY-.-tvct'd ~ C9 ~-rY
fl) ~1'/ ,,~~ ~AI~11I'#~Pds;ry
COMMONWEALTH OF MASSACHUSETTS
Nantucket, 55
On this 26th day of July, 2005, before me, the undersigned notary public,
personally appeared the above named BARBARA MELENDY, as Principal of the
within Durable Power of Attorney, personally known to me to have the identity
claimed, to be the person whose name is signed to the within instrument and
acknowledged to me that she executed the same as her free act and deed for the
purposes therein expressed.
~ JUUE A. FllZGERAlD
m' ~ Notary Public
, Commonwealth of Massachusetts
My Commission Expires
.:{.# June 27, 2008
Signature of the Attorney In Fact and A
tary Public:
y commission expires:
~~ .7\'\21.2 {\ ~ ~
HENRIETTA M~LENDY MO ]E Named Attomey
~v Lo :---IGt1
HENRY WA 0 ABBOT, Alternate
Page 8 of 8 Pages
~ ,
..
.
TRUSTEE'S ACCEPTANCE OF APPOINTMENT
OF
TWENTY-FIVE MILK STREET NOMINEE TRUST
I, Henrietta Melendy Morse, of 3806 Garfield Street, N.W., Washington, D.C.
20007, do hereby accept appointment as Trustee of the Twenty-five Milk Street
Nominee Trust under Declaration of Trust dated October 27, 2000.
Witness my hand and seal this ~ day of April, 2008.
~~;tr~. ~ ~
Henrietta Melendy Mor
WASHINGTON, D.C.
stG\~e of Vir sit\,\
Di!trict of Columbia
On this S-1S-day of April, 2008, before me, the undersigned notary
public, personally appeared Henrietta Melendy Morse, proved to me through
satisfactory evidence of identification, which were \.Jll\.s~ l>.C btj#1r.) UultSt:,/or
personally known to me to be the person whose name is signed on the preceding
or attached document, and acknowledged to me that sh signed it V~Umy for
its stated purpose. ~
Notary 'lie L I
My Commission Expires: <3 (S 1 ZG't> ~
-
1(1)
MICHAEL J. GOELLER ·
Notary Public
State of Virginia
Commission #124746
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TOWN OF NANTUCKET "".
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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Date:
AprilS, 2011
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
018-11
Owner/Applicant:
RUFUS REALTY TRUST, MICHAEL K. MARCHESE AND
JOSEPH P. MARCHESE, TRUSTEES
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the comp1aint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY
cc: Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
rman
PLEASE NOTE: MOST SPECIAL PEBMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY-LAW SECTION 139-30 (SPECIAL PEBMITS); SECTION 139-32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508-228-7215.
-
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 42.3.3, Parcel 91
7 Copper Lane
Residential Old Historic
Book 831, Page 81
Plan BOQk 14, Page 4
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Thursday, March 10, 2011, at 1:00 P.M., at 2
Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of RUFUS REALTY TRUST,
MICHAEL K. MARCHESE AND JOSEPH P. MARCHESE, TRUSTEES, of 221
Beach Street, Revere, MA 02151, File No. 018-11:
2. Applicant is requesting Special Permit relief pursuant to
Nantucket Zoning Bylaw Sections 139-33.A. (4) and (5) (alteration
of preexisting nonconforming structure) in order to enclose an
existing first floor deck sited in the rear yard setback and to
construct an addition on the southerly and westerly side of the
structure. Said addition will not encroach into the side or rear
yard setbacks. The structure is preexisting nonconforming as to
rear yard setback being sited as close as 2.5 feet from the rear
yard setback in a zoning district that requires a five foot rear
yard setback. The Locus is situated at 7 Copper Lane, is shown
on Nantucket Tax Assessor's Map 42.3.3 as Parcel 91, is shown on
Plan Book 14, Page 4, and title is recorded at the Nantucket
County Registry of Deeds in Book 831, Page 81. The property is
zoned Residential Old Historic.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. There was no Planning Board
recommendation, on the basis that no matters of planning concern
were presented. Staff had received letters from the abutters in
opposition to the application. At the hearing, one abutter spoke
in opposition to the application and one member of the public
spoke in favor of the application.
1
4. Ethan McMorrow represented the Applicant. Mr. McMorrow
explained to the Board that the Applicant is requesting Special
Permit relief pursuant to Nantucket Zoning Bylaw Section 139-
33.A. (4) and (5) (alteration of preexisting nonconforming
structure) in order to enclose an existing first floor deck sited
in the rear yard.
Mr. McMorrow stated that the Applicant also proposes to
construct an addition on the southerly and westerly side of the
structure. Said proposed addition will not encroach into the
side and rear yard setbacks. Enclosing said deck will not
encroach further into the setback than the existing setback
intrusion.
The structure is preexisting nonconforming as to rear yard
setback being sited as close as 2.5 feet from the rear yard
setback in a zoning district that requires a five foot rear yard
setback.
5. The abutter speaking in opposition to the application
noted issues involving the views for the neighbors and the noise
emanating from the deck. Mr. McMorrow explained that the
proposal is to enclose said deck and, in turn, reduce the amount
of noise that will reach the abutters.
6. Therefore, after a discussion with the agent for the
Applicant, the Board finds that such a Special Permit may be
granted to approve the alteration of the preexisting
nonconforming structure as the alteration will not intrude into
the setback any further than what presently exists. The Board
determined that this type of alteration would not be
substantially more detrimental to the neighborhood than the
existing nonconformity on the Locus.
7. Accordingly, by a unanimous vote of the sitting Board,
the Board of Appeals made the finding that the proposed
alteration to the preexisting nonconforming structure would not
be substantially more detrimental to the neighborhood than the
existing nonconformity and allowed the proposed alteration to the
structure to be done in substantial conformity with the plan
entitled "Zoning Board of Appeals Site Plan" prepared by Island
Surveyors, LLC, dated February 11, 2011, attached hereto as
"Exhibit A," with the condition that there shall be no exterior
construction between Memorial Day and Labor Day of any year.
SIGNATURE PAGE TO FOLLOW
2
Dated:
~ II , 2011
~i:KP:
Mark P~0":-:::::=C-
SU~7,a'tthY
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. . ~ 20 II
.A On ~ day ofJf'.u~OIl. before me, the undersigned Notary Public, persooally appeared
~ ~ " , who is personally known to me, and who is the person whose
name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily
for its stated purpose.
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