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HomeMy WebLinkAbout016-89© / (Q - g4� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April '7 1989 File No. 016 -89 To: Parties in interest and others Re: Decision in the Application of: KAROL B. TEIKO, EXECUTRIX FOR THE ESTATE OF JUDITH B. CURPIE Enclosed is the decision of the Board of Appeals which has this day been filed with 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 court wit'. twenty (20) days after this date. Notice of the action with a ,; ,Y of the complaint and certified copy of the decision must be to the Town Clerk so as to be received within such twenty (20 '.. days. William R. Sherman, Chairman cc: Building Commissioner Planning Board Town Clerk y NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MA 02554 At a public hearing on Friday, March 31, 1989, at 1:00 p.m. in the Town and County Building, Nantucket, on the Application (016 -89) of KAROL B.TEIKO, EXECUTRIX for the ESTATE OF JUDITH B. CURRIE, having an address c/o Sherburne, Powers & Needham, One Freedom Square, Nantucket, MA 02554, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicant seeks a Variance from the 75 -foot frontage requirements of zoning Bylaw Section 139 -16A to allow creation of a new 1 -acre lot with only 25 -foot frontage on Westmoor Lane. After division of that lot from the existing 7 -acre lot, following ANR endorsement by the Planning Board, Applicant would have a 6 -acre lot with frontage on West Chester Street, available for development, e.g., by AR subdivision. 2. The premises are at 5 Westmoor Lane, Assessor's Parcel 41 -212, zoned Residential -2. 3. Our findings are based upon the Application papers including a will of Mrs. Currie, and correspondence, also plans dated 3/7/89 showing the locus and proposed 1 -acre lot, photoprints, and representations and testimony received at our hearing. 4. In the decedent's will is an appointment of decedent's sister, the Applicant here, as her Executrix. A reason given for this Application for Variance relief is the bequest made in that will to 12 -year old Chelsea Palmer of one acre surrounding the 'Mousehold' cottage. While that bequest could be carried out by a proper approval - require::. subdivision of the 7 -acre tract, relying on West Chester frontage, relief in these proceedings would allow a quicker and cheaper division approval- not - required. The residual estate would have enhanced value based on the simpler eventual development of the 6 -acre remnant. 5. The proposed 1 -acre lot would have the existing driveway access to Westmoor Lane via a strip of land 115' long by 40' wide. The 25' frontage on Westmoor Lane is at the northerly end of the westerly lot line bounding that strip. Westmoor Lane is a rustic way layed out with 14' width and extending some 255' to Cliff Road. This 'pot - handle' lot, if it complies with the regularity conditions of Section 139 -16D, would be proper except for the lack of adequate frontage. File No. 016 -89 6. Parties in interest, by letters, telephone and through their counsel, opposed relief. Reasons given include inadequacy of Westmoor Lane (e.g., if unqualified relief were given, the whole 7 -acre development could arguably be serviced via Westmoor Lane) and its dangerous entry onto arterial Cliff Road, as well as its increasingly heavy use by the Westmoor Inn at the end of the Lane, a nonconforming commercial use. Noted was the absense of a showing of the hardship arising out of any of the circumstances recited in Section 139 -32A as required for variance relief. 7. Applicant cannot rely on the 'pot - handle' shape with inadequate frontage to show hardship arising out of lot shape. Warren V. Board of Appeals of Amherst, 416 N.E.2d 1382, 12 Mass App 802 (1981). Our zoning authority to vary the frontage requirement is subject to the highly restrictive criteria for variance relief. Arrigo v. Planning Board of Franklin, 429 N.E.2d 355, 12 Mass App 802 (1981). We are unable to make the requisite findings for relief. Grant of the requested variance would be in clear derogation of the concerns for safety and general welfare, as well as for neighboring property values. Section 139 -16A begins with an express statement that bars creating the 1 -acre lot with insufficient frontage. 8. Accordingly, upon motion to grant the variance relief requested, this Board voted unanimously in the negative. Relief is, therefore, DENIED. Dated April % 1 1.989 s, . av J L g � Willi m R. Sherman R ert J. ;c =. Mi a 1 �J J. O'Mara Ann G. Balas _._ - 2 - NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING NANTUCKET, MA 02554 March 16, 1989 NOTICE A public hearing of the Board of Appeals will be held on Friday, March 31, 1989, at a:30 p.m. in the Town and County Building, Nantucket, on the Application of: KAROL B. TEIKO, Executrix for the ESTATE OF JUDITH B. CURRIE Board of Appeals File No. 016 -89 seeking a variance from the 75 -foot frontage required in Section 139 -16A to divide from the present 7 -acre lot fronting on West Chester Street a new 1 -acre lot said to have 20 feet of frontage on a way giving access to Cliff Road. The premises are at 5 Westmoor Lane, Assessor's Parcel 41 -212, zoned Residential -2. William R. Sherman, Chairman BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 3/7/89 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 . 255 CASE No APPLICATION FOR RELIEF Owner's name(s): Estate of Judith B. Currie Mailing address: c/o Karol B. Teiko, Executrix _ Applicant's name: Karol B. Teik.o, Executrix Mailing address: c/o Sherburne, Powers & Needham, One Freedom Square, Nantucket, MA 02554 Location of lot: Assessor's map and parcel number 41 - 212 Street address: 5 Westmoor Lane Registry Land Ct Plan, Plan Bk & Pg or Plan File None Lot Date lot acquired: 4/22/ 63 Deed Ref 124/ 179 Zoning district R -2 Uses on lot - commercial: None X,.•or MCD? N/A - number of: dwellings 1 duplex = apartments = rental rooms= Building date(s): all pre -8/72? Yes or Building Permit appl'n. Nos. N/A Case Nos. all BOA applications, lawsuits: None C of 0? N/A State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BOA to make each finding per Section 139 -32A X if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3�A & B _ , attach decision or order appealed. OK to attach addendum . Application for variance in accordance with the provisions of Section 139 -32A, Zoning By -Law, to create a one (1) Acre Lot without the minimum frontage of 75 ft. on a way - in order to accomplish the devise of Judith B. Currie in Article Fourth of her Last Will And Testament (copy annexed) . GmGQ2` 5 � 13(( " « Vq ) a' (: :rte' (7 " 20 T.T. ��,h - 31c�ffq) Items enclosed as part of this Application: orderl addendum2 Locus map Site plan X showing present X - Rplxamed structures Floor plans present proposed elevations (HDC approved ?_) Listings lot area frontage T setbacks GCR parking data _ Assessor - certified addressee list 4 sets X ma ling labels 2 setsX 5200 fee payable to Town of Nantucket proof 'cap' covenant (If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of pgrjur� KAROI, B- T IK(j -, EXEC/UTRIX SIGNATURE: By 111'[$x� Attorney�x Theodore L. Tillotson, Esq. 3 (If not owner or owner's attorney, enclose proof of authority) :D LAST WILL AND TESTAMENT OF JUDITH BALDWIN CURRIE F LED � 3 II lil 6 M ke 0'0S"S -Er NANTUCKET PROBATE & FAMILY COURT DEPARTMENT I, JUDITH BALDWIN CURRIE, do hereby make, publish and declare this writing to be my Last Will and Testament hereby revoking all other Wills and Codicils to Wills heretofore made by me. FIRST: I declare that I am the widow of Lauchlin Morgan Currie who died on February 4, 1982; that I have no children or descendants of any deceased children. SECOND: I authorize the expenditure 7of such sums for funeral, burial, and monument expenses as my Executor or Personal Representative shall deem proper without regard to statutory or other limitation upon the allowance of such expenses. I desire to be cremated. THIRD: I direct that all federal, estate, or local inheritance or succession taxes shall be a charge upon and paid from my general estate without apportionment among or reimbursement from any beneficiary hereunder. FOURTH: I give and devise all of my interest in my house in Nantucket, Massachusetts, now known as "Mousehold," together with approximately one (1) acre of surrounding land, to Ilorace and Rosemary Palmer, or the survivor of them, of Bradford, Vermont, as Trustees in trust for Chelsea 11astings Palmer until she attains twenty -one (21) years of age. I direct that the Trustees shall have full authority and discretion. to manage, deal with, mortgage, sell, exchange, or otherwise administer said property or the income therefrom or the profits of sale thereof, for the use and benefit of Chelsea Ilastings Palmer until tier twenty - first (21st) birthday at which time the trust shall terminate and the then trust property and any accumulated income shall be distributed to or for the use and n — C.:� W CD court or to apply to any court for authority to carry out any fiduciary duties in connection with the control, management, or disposition of the trust property. FIFTH: All of the rest, residue, and remainder of my property and estate I direct shall be divided into four equal parts and distributed as follows: (a) one part to my brother -in -law, Roderick Currie; (b) one part to my sister, Karol Baldwin Teiko, of Haworth, New Jersey; (c) one part to my brother, John Chapman Baldwin, of Burlington, Vermont; and (d) one part to my brother, Karl Loomis Baldwin, of Woodbridge, Virginia. I direct that should any of the beneficiaries named in thie Item Fifth predecease me, his or her portion shall be distributed to his or her surviving issue equally per stir es, and if no issue survive, to his or her lawful heirs at law. SIXTH: I nominate and appoint John Valentini of Arlington, Virginia, to be the Executor of the Will, and if he predeceases me or for any reason fails to qualify, serve, or continue to serve, then I direct that the then senior member of the law firm of Cross, Murphy, Bills do Smuck designate a successor or alternate Executor or administrator c /t /a. I direct that no Executor or administrator be required to furnish bond for the performance of his duties. I authorize my Executor or administrator to sell at public or private sale for cash or for credit upon such terms as they may deem appropriate any property held by them, and no purchaser of such property shall be bound to see to or be liable for the application of the proceeds of any such sale. My Executor or administrator is hereby authorized to make any distribution required by this Will in money, in kind, or partly in both, and to that end to allot specific securities or other property, or an undivided interest: therein, to..any person's share or part, although it may differ in kind from securities or property alloted to any other person's share or part. I waive appraisal of all property of ;mine and direct that values placed thereon by my Executor shall be accepted as final. .�..m.,_ 7- +hn avant i am the owner of any real or personal property I my sister Karol B. Teiko, of Haworth, New Jersey, to be the Executrix or Administrator of this Will as to any such property, with the same powers and authority as given to my Executor at my place of residence, including the waiver of bond for performance of her duties. CD __:r IN WITNESS WHEREOF, I I hereunto subscribe my name and affix my seal CZ) CXD to this my Last Will and Testament, this day of 1985. (SEAL) JUDITH BALDWIN CURRIE The foregoing document was signed, sealed, published and declared by JUDITH BALDWIN CURRIE for and as her Last Will and Testament in our presence, we all being present at the same time; and we, in her presence and at her request and in the presence of each other, have subscribed our names as witnesses hereto, all on the date last above written. of x, of of CV C% C� O m ss: �iia ir7 / 1 ' /mil via -%7r .j• 'T— -7,014,14 - /NA/i1� Before me, the undersigned authority, on this day personally appeared v- J/!�-h 4 -/-)w / ;J 4f Q A- i t: known to me to be the Testatrix and the witnesses, respectively, whose names are signed to the alt,qched. instr ent, and all of these persons being by me first duly sworn, .'.• L,d t,;, the Testatrix, declared to me and to the witnesses in my presence that said instrument is her Last Will and Testament and that she had willingly signed the same, and executed it in the presence of said witnesses as her free and voluntary act for the purposes therein expressed; that said witnesses stated before me that the foregoing Will was executed and acknowledged by the Testatrix as her Last Will and Testament in the presence of said witnesses who, in her presence and at her request, and in the presence of each other, did subscribe their names thereto as attesting witnesses on the day of the date of said Will, and that the Testatrix, at the time of such execution of said Will, was over the age of 18 years and of sound and disposing mind and memory. r 1..., Testatrix 7 Witness Ye Witness Subscribed, sworn to and acknowledged before me by the Testatrix; subscribed and sworn to before me by —�rQ�� s _ M(,/a h N / A 'rj the witnesses, this ?,;t,_ day of 4 1985. My Commission Expires: N of y P u �R� c3 . a �. ✓.a Z BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 3/7/89 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No. - APPLICATION FOR RELIEF Owner's name(s): Estate of Judith B. Currie Mailing address: c/o Karol B. Teiko, Executrix _ Applicant's name: Karol B. Teik.o, Executrix Mailing address: c/o Sherburne, Powers & Needham, One Freedom Square, Nantucket, MA 02554 Location of lot: Assessor's map and parcel number 41 - 212 Street address: 5 Westmoor Lane Registry Land Ct Plan, Plan Bk & Pg or Plan File None Lot Date lot acquired: �2� 63 Deed Ref 124/ 179 Zoning district R-2 Uses on lot - commercial: None X,.. or MCD? N/A - number of: dwellings 1 duplex = apartments = rental rooms= Building date(s): all pre -8/72? Yes or C of 0? N/A Building Permit appl'n. Nos. N/A Case Nos. all BOA applications, lawsuits: None State fully all zoning relief sought and respective Code sections and subsections, specifically what you propose compared to present and what grounds you urge for BOA to make each finding per Section 139 -32A X if Variance, 139 -30A if a Special Permit (and 139 -33A if to alter or extend a nonconforming use). If appeal per 139 -3�A -&-B , attach decision or order appealed. OK to attach addendum . Application for variance in accordance with the provisions of Section 139 -32A, Zoning By -Law, to create a one (1) Acre Lot without the minimum frontage of 75 ft. on a way in order to accomplish the devise of Judith B. Currie in Article Fourth of her Last Will And Testament (copy annexed). Items enclosed as part of this Application: orderl addendum2 Locus map Site plan X showing present X - kp12x=8E1 structures Floor plans present proposed elevations (HDC approved ?_) Listings lot area frontage setbacks GCR parking data _ Assessor - certified addressee list 4 sets X maling labels 2 setsX $200 fee payable to Town of Nantucket proof 'cap' covenant l(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury KARO��/,, B. TEIK ,.EXECUTRIX SIGNATURE: By a,; r:r . - '�'�' �,.;. kimnt Attorney] Rk X Theodore L. Tillotson, Esq. 3(If not owner or owner's attorney, enclose proof of authority) LAST WILL AND TESTAMENT OF JUDITH BALDWIN CURRIE FI ED �3 Lu lid 619 IF 0s—S--CF NANTUCKET PROBATE & FAMILY COURT DEPARTMENT O (Y-1 I, JUDITH BALDWIN CURRIE, do hereby make, publish and declare this writing to be my Last Will and Testament hereby revoking all other Wills and Codicils to Wills heretofore made by me. FIRST: I declare that I am the widow of Lauchlin Morgan Currie who died on February 4, 1982; that I have no children or descendants of any deceased children. SECOND: I authorize the expenditure of such sums for funeral, burial, and monument expenses as my Executor or Personal Representative shall deem proper without regard to statutory or other limitation upon the allowance of such expenses. I desire to be cremated. THIRD: I direct that all federal, estate, or local inheritance or succession taxes shall be a charge upon and paid from my general estate without apportionment among or reimbursement from any beneficiary hereunder. FOURTH: I give and devise all of my interest in my house in Nantucket, Massachusetts, now known as "Mousehold," together with approximately one (1) acre of surrounding land, to Horace and Rosemary Palmer, or the survivor of them, of Bradford, Vermont, as Trustees in trust for Chelsea Hastings Palmer until she attains twenty -one (21) years of age. I direct that the Trustees shall have full authority and discretion to manage, deal with, mortgage, sell, exchange, or otherwise administer said property or the income therefrom or the profits of sale thereof, for the use and benefit of Chelsea Hastings Palmer until her twenty - first (21st) birthday at which time the trust shall terminate and the then trust property and any accumulated income shall be distributed to or for the use and O r C.:� i CO m court or to apply to any court for authority to carry out any fiduciary duties in connection with the control, management, or disposition of the trust property. FIFTH: All of the rest, residue, and remainder of my property and estate I direct shall be divided into four equal parts and distributed as follows: (a) one part to my brother -in -law, Roderick Currie; (b) one part to my sister, Karol Baldwin Teiko, of Haworth, New Jersey; (c) one part to my brother, John Chapman Baldwin, of Burlington, Vermont; and (d) one part to my brother, Karl Loomis Baldwin, of Woodbridge, Virginia. I direct that should any of the beneficiaries named in thie Item Fifth predecease me, his or her portion shall be distributed to his or her surviving issue equally per sti_pes, and if no issue survive, to his or her lawful heirs at law. SIXTH: I nominate and appoint John Valentini of Arlington, Virginia, to be the Executor of the Will, and if he predeceases me or for any reason fails to qualify, serve, or continue to serve, then I direct that the then senior member of the law firm of Cross, Murphy, Bills & Smuck designate a successor or alternate Executor or administrator c /t /a. I direct that no Executor or administrator be required to furnish bond for the performance of his duties. I authorize my Executor or administrator to sell at public or private sale for cash or for credit upon such terms as they may deem appropriate any property held by them, and no purchaser of such property shall be bound to see to or be liable for the application of the proceeds of any such sale. My Executor or administrator is hereby authorized to make any distribution required by this Will in money, in kind, or partly in both, and to that end to allot specific securities or other property, or an undivided interest: therein, to any person's share or part, although it may differ in kind from securities or property alloted to any other person's share or part. I waive appraisal of all property of ;mine and direct that values placed thereon by my Executor shall be accepted as final. f any real or personal property my sister Karol B. Teiko, of Haworth, New Jersey, to be the Executrix or Administrator of this Will as to any such property, with the same powers and authority as given to my Executor at my place of residence, including the waiver (=1 of bond for performance of her duties. C-D IN WITNESS WHEREOF, I I hereunto subscribe my name and affix my seal C:) Co to this my Last Will and Testament, this day of 1985. (SEAL) JUDITH BALDWIN CURRIE The foregoing document was signed, sealed, published and declared by JUDITH BALDWIN CURRIE for and as her Last Will and Testament in our presence, we all being present at the same time; and we, in her presence and at her request and in the presence of each other, have subscribed our names as witnesses hereto, all on the date last above written. 7 of of /26 of S7r 7 N t f� c i1�/ q ss: Before me, the undersigned authority, (on this day personally appeared v.1Ji�'_A;f 4 -/-)G.-I / ;t/ e -, 4 ,2 j IE known to me to C� be the Testatrix and the witnesses, respectively, whose names are signed to the alUched. instTent, and all of these persons being by me first duly sworn, -�y.Diyh the Testatrix, declared to me and to the C:) witnesses in my presence that said instrument is her Last Will and Testament m and that she had willingly signed the same, and executed it in the presence of said witnesses as her free and voluntary act for the purposes therein expressed; that said witnesses stated before me that the foregoing Will was executed and acknowledged by the Testatrix as her Last Will and Testament in the presence of said witnesses who, in her presence and at her request, and in the presence of each other, did subscribe their names thereto as attesting witnesses on the day of the date of said Will, and that the Testatrix, at the time of such execution of said Will, was over the age of 18 years and of sound and disposing mind and memory. Testatrix ! 1 i 7 Witness A( .rf //°'% Witnesshe,c, Witness Subscribed, sworn to and acknowledged before me by �c iJi7 /yam �_.v� •J C the Testatrix; subscribed and sworn to befgre me by �,om s _ �y�a,b/Y the witnesses, this ?,p,_ day of � L, 1985. Not y Pu My Commission Expires: /°2f /� %