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HomeMy WebLinkAboutVariance No.1994-104rL---- n' rre and Laughlin l .,t y I r 4 u a a e o s....4 w J:•oiMmhYK btgw.ay-,b.t.,..se r..,I... r tRAF f•3='ITS.•"iT - TOWN OF BARNSTABLE aZONINGBOARDOFAPPEALS = r `,4jj f i Decision and Notice Appeal No. 1994-104 Lane & Laughlin Variance--Bulk Regulations -Minimum Lot Area Summary Granted with Conditions Applicant/Owners:John Lane, P.O.Box 141,Needham,MA 02192;for 56 Rambler Road, Osterville,MA and, William&Mary Ellen Laughlin,82 Barnard Rd.,Osterville.,MA 02655 Assessor Map/Parcel: 140-192 (0.47 acres) and 140-182 (0.49 acres) Zoning: RF-1, Residential F-1 District Applicant's Request: Variance to Section 3-1.3 (5),Bulk Regulations,Minimum Lot Area. Activity Request: To allow Lot 140-192,a non-conforming lot of 20,075 sq. ft. to be changed to a more non-conforming lot by a reduction in size of 884 square feet. Procedural Provisions: Section 5-3.2(3):Variances BACKGROUND INFORMATION: The subject of this appeal is Map 140,Parcel 192 and the abutting lot to the west. Both lots are located on the north side of the intersection of Rambler Road and Barnard Road,Osterville,MA. According to the Assessor's Records each lot contains a single family dwelling. 56 Rambler Road dwelling was built in 1970,and 82 Barnard Road was built in 1968. The petitioners are jointly requesting relief from the minimum lot size of one acre for the purpose of resolving a mutual boundary re-alignment(as shown on Easement Plan,August 16, 1994 1"=30',Prepared for John R Lane,PO Box 141,Needham MA for Owner,William F. &Mary Ellen Laughlin,82 Barnard Road,Osterville,MA 02655")to allow past traditional uses to be accommodated and to straighten out the boundary angle. The easement area is now proposed to be a deeded transaction from Lot 192 to Lot 182. A copy of the ANR(Approval Not Required)Plan dated May 12, 1994 and endorsed June 20, 1994 was submitted. PROCEDURAL PROVISIONS: The application was filed with the Town Clerk and at the Zoning Board of Appeals Office on October 13, 1994 and scheduled for a public hearing on November 16, 1994,at which time the Board rendered a decision to grant the variance. Board members sitting on this appeal were,Betty Nilsson,Dexter Bliss, Tom DeRiemer,Emmett Glynn and Chairman Gail Nightingale. Michael Ford representing the petitioners submitted a memorandum in support to the Board.. He noted that this petition is simply a technicality. Lanes own the property on the right side of plan and Laughlins own the left side on the plan. Mr. and Mrs.Lane have five children and 13 grandchildren and as a result the parking demands are sometimes satisfied with off street parking. The Lanes need added space,the triangle parcel on the plan,to provide a few more parking spaces. The Laughlin are willing to provide ZBA Decision and Notice Appeal Number 1994-104—Lane and Laughlin that area. The request is for variances for both of the lots as they are undersized and in order to change the lot line the Laughlin lot will be smaller and an increase will be given to the Lanes parcel. Variances need to be on record with Registry of Deeds for future transfers. To meet variance conditions Mr.Ford said the shape of the lots and existing lot lines are unique and the results is insufficient off-street parking for the Lanes. The proposed plan would be an improvement of the shape of both parcels, it does not deviate from the spirit and intent of the Zoning Ordinance and would improve neighborhood.. The Board expressed the concern that today the triangle is grass and gardens and how it will look after the transfer. Mr. Lane said some of the triangle will be driveway and the rest will remain garden. Public comment was requested. Ted Turner an abutter,and Mr.Lane spoke in favor of the application. Three letters in the file from Richard Hinckley,Ralph Jurginger and Ted Turner favored the granting of a variance. Their was no opposition. Findings: The Board Unanimously found the following finding of facts as related to Appeal No. 1994-104: 1.The lots in question are unique is shape and have an odd layout creating an extra leg on the lot and it is unique. 2.All of the available land has been developed abutting the land which allows no other land to be obtained. 3.By not granting the variance it would create a hardship for the property owner as far as lot utilization. 4.The relief could b be granted without substantial detriment to the neighborhood. 5.The request is within the spirit and intent of the Zoning Ordinance. Decision: A motion was duly made by Dexter Bliss and seconded by Tom DeRiemer to grant the relief being requested in Appeal Number 1994-104 as per the plot plan submitted. The vote was as follows: AYE: Betty Nilsson,Dexter Bliss,Tom DeRiemer,Emmett Glynn and Chairman Gail Nightingale. NAY: None. ORDER: Appeal Number 1994-104 for Land and Laughlin has been granted with conditions. Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17,within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk. 111221994 G ' Nightingale, "airman Date igned I L da Leppanen, Clerk of the Town of Barnstable,Barnstable County,Ma-ssachusetts,hereby certify that twenty(20)days have elapsed since the Zoning Board of Appealsfiled this decision and that no appeal of the decision has been filed in the office of th Clerk. Signed and sealed this day of 19 Wun6rthe pains and penalties of perjury. Linda I'.eppanen,Town Clerk 2 ro/ ) T 77 Z E3ES3T 0 moo i639' \{g' o MAY A" TOWN.fof BARNSTABLE 3t PETITI©N PTO VARY =THE_;ZONING BYLAW b OG1 3 Date filed with S OCT 13 4 Appeal# 4 Hearing Date Town Clerk Decision due The undersigned hereby petitions the Barnstable Zoning Board of Appeals to vary, in,the manner and for the reasons hereinafter set forth, the application of the zoning bylaw. 1 Applicant Name :John Lane,, ;, Tel : 617-444-0279 Address : PO Box 141 Needham MA 02192 William and Mary Ellen Laughlin 82 Barnard Road Tel : 428-9115 Osterville, MA 02655 2 Owner Name : same 3 How long have you owned the property: 1 year (Laughlin) The Lanes have owned their house since 1977 . The house was built in 1968 (assessor' s records) . 4 If applicant is different from owner, state nature of interest : Lane and Laughlin own abutting properties . The Lane property address is 56 Rambler Road and Laughlin property address is 82. Barnard Road. 5 Location of property: 82 Barnard Road, Osterville 6 Assessor' s map : 140 parcel 192 and map 140 parcel 182 7 Zoning District : RF-1/ AP 8 Number of buildings on lot : 1 single family house on each lot . 9 Present use of premises : single family residential 10 Proposed use of premises and extent of proposed construction: single family residential; vacant land transfer only 11 Has building Commissioner refused a building permit : no 12 What section of the zoning bylaw do you ask to be varied: 3-1 . 3 5 Bulk regulations for RF-1 district. The Laughlin' s existing non-conforming lot (20075 sq. ft) will be reduced 884 sq. feet to 19191 sq. ft . The Lane lot is non-conforming and will be increased in size by 884 ft . 13 State your reasons for requesting a Variance : • As a result of the deeding out of 884 sq. ft of lard to abutter Lane, the newly created Lot 43 , as shown on LC plan 7685Q needs a variance as the parcel is less conforming (more undersized) than before . Redrawn lot 43 consists of 19191 sq. ft does not conform to RF-1 zoning and therefore needs a variance . If this variance is allowed, an unusual angle in the lot line will be eliminated and the redrawn boundry line will be straight line .The Lane family, residents of Osterville since 1977, have parked cars on this section of the vacant abutting property for many years . The Laughlin house has just been constructed and it is the desire of both parties to enter into this transfer. A Land Court case Learoyd v. Thurston (Fenton, C.J) Essex, Misc . Case No. 125271 (December 1990) indicates that if a lot is made less non-conforming by a land transfer such as this, that the new lot retains its non-conforming protection and does not need zoning relief . However, if the Board determines that the Lane lot (map 140 lot 182) also needs a variance, the petitioners request such relief . The ANR plan was endorsed by the Planning Board on June 20, i 1994 . 14 Plans are submitted with this application. ANR plan dated May 12, 1994 (endorsed June 20, 1994) Easement plan August 16 , 1994 Assessor Map 140 (Portion of) Respectfully sub itt Date : Oct . 11, 1994 Mich D. Ford, agent for the applicant MYCOCK, KILROY, GREEN and FORD, PC Box 960 Hyannis, MA 02601 Tel : 771-5070 D: \Data\Users\PPJ\LaneBoar.pet . I M Lows Ifap Y' • ` ' 5 SS£SSORS H£F— ZONE, wr""' l mr 304 r.«r as w.Fy+.)airy r Parcel r 1 OWRLAY DfSTRfCT: ^" O..k)4 Map 40 Parcel 192 1 3 1 = Lot -44 i ld••• ` may`- 7' 4,j'1 -,j OW4ER: HOOD ZOke Lane r D--"M` Laughlinwci? r a.r 1 Lot 13 i Lot 10 1 RO F 1 ti.... ...w a+a.d o e.r Lot 36 1 Si)BD1V1570H r r.w.+ 1 PLAN OF L NO BARNSTABL£FUMING BOARD M IN 4. BARNSTABLE, Lot 5 1—mm aW MASSACH USE TTS NOTE,1AAY 1Z 1994 SCALE 1'>20'a Q u a UEWC A Df WSON OF LOT 43 AS SNOMN ON LCC 7585 0 .r.r.......r i)lbw A l.t ra'm h.por..i ly artwi.. L or rr Aaip as-sth r map sa_aa Parcel to be transferred highlighted O `'^\ 0\ O 0b o TOOT\L O Q Lo oc` m e\ o s 0 5 o C*o p O.OB±Ac. (Unregistered) N/F Vj 44 48.53' 19 John R. & Grace L. Lane ' s{erect b Ctf• 72307 U!9 ed FND - o CO Deed Book 2610/112/n 9g0 Reg1s{ er F" o S,3e a 2!3 78' i ry.wOpd D o\ ck C 17c sy 1 c`H pots° Lot46 (LCC 7685 Q) 16,7881S.F. 0.38±Ac. f off . :•:•,, D, e//nw- Stone 1 0 Drive v / huh Ib ca/o1+ FNo •:•:• . :.:•: Grave/ Drive ro aRa NL=16.51'FNo 26.76No 8528'4 Lot 10 Proposed Easement R- 8 .90 884 S.F: p L A RD FN0 O Lot 36 EASEMENT PEAN AUGUST 16, 1994 1 "=30' Prepared For. John R. Lane PO Box 141 Needham, MA 02192 Lot 5 Prepared By. OWNER; A& M Survey William F. &,Mary Ellen Laughlin33OldMainStreet82BarnardRoadSo. Yarmouth, MA 02664 , Osterville, MA 02655508) 398-2121 LC Doc 595249 . 0 15 30 45 60 FEET Please note: easement area now proposed to be deeded transaction AC 4 t 10-1 1I, o S ea 6?+ its c•jOS ' Q 1 f+ t 149-3 60, 149'4 Ii i J9 O o s I. ° 1 , 9 y a+ O 0 a ® nQ oRe40 10 a .,C438 3`e O' f' 1• - f 20/ r saw a4 W I55-Z U4AC o cis/'ss v` O 155-I JA 43 I.00AC 0Aq P o ati e ie i v O 1.90AC- oe°4'Q Q 2/ 41 I siAt r, t,' I 1 r a 2 t go J It ;i r t P / SOwe Y 1 S 4-? P J i Ji 30'Lvv.—b 4.\7.ro; p•/16 ro v,+ C 094C G '9-T oIn 8 q J4C• I o II yl4s° Fq 5 g a /9 y 2 e o •o1qp A4'' s t•1Sr AV r1#0: z/b 8ARN4RD N/ /) y REV. BY AV/S /9O 64, ORIGMIAL ISSUE: /91 iLy RR fM..Wi VSED:lll• 1116,21: •I 21J 117 141 164 1-4 0 116 140 163 i i 115 139 62 f PAR: R140 172.P• R14C 132.PAR: R 140 153. KEY: 76054 SAX CODE:300 KEY: 75956 TAX CODE:300 KEY: 75643 TAX CODE:300 LAUGHLINI 4ILLIAM R K LANE, JOHN R d GRACE L alOVANNONE, MINA RLAUUHLIN, MARY ELLEN 5u RAMbLER RD P 0 sox 10582bAANARJRDOSTERVILLEMA02665-0000 OSTERVILLE MA 02655-ODOCOSTERVILLEMA02655-0000 PAR: R14U 154.091 PAR: K14C 154.UU2 PAR: R140 170.KEY: 75652 TAX CODE:300 KEY: 75061 TAX CODE:300 KEY: 75330 TAX CODE:300 KUO;iG, JAVIcR F K NELLY E WHEATUN, PAUL W HOWE, CHESTER M &LORRAINE M57GREYLOCKRD310NORTH -RAND AVE 57 SJAN RDWELLESLEYMA02181-0000 POUGHKEEPSIE NY 12603-0000 WINCHESTER MA 01890-0000 PAR: R140 171.PAR: R14L 172.PAR: R140 173.KEY___le775849 TAX CODE:300 KEY: 75858 TAX CODE:300 KEY: 75867 TAX CODE:300 ST PETER'S EPISCOPAL CHURCH ST PETER'S EPISCOPAL CHURCH SMITH, BETTY PERRY TR00000-0000 WIANNO AVENUE SMITA FAMILY TRUST OSTERVILLE MA 02655-0000 XSMITH, POMEROY 3000 N GARFIELD SUITE 280 MIDLAND TX 79705-0000 PAR: R140 174.PAR: R14C 178.PAR: R140 179.KEY: 7 876 TAX CODE:300 KEY: 75910 TAX CODE:300 KEY: 75929 TAX CODE:300 CARBONELL, ARMANDO J TRS MCCUSKER, MARY W TRS HALL, STETSON R 9 JANE GCARbONELLNOMINEETRUSTRAMBLERROADREALTYTRUST2dRAMBLERRD371WIANNOAVEPOBOX187OSTERVILLEMA02655-000COSTERVILLEMA02655-0000 OSTERVILLE MA 02655-0000 PAR: R140 130.PAR: R14C 183.PAR: R140 1d4.KEY: 75938 TAX CODE:300 KEY: 75965 TAX CODE:300 KEY: 75974 TAX CODE:300 HINCKLEY, GWENDOLYN L CHANDLER, THOMAS M FJLGER, PETER M K BARBARA WXUEARSE, dARBARA P 15 HORSESHOE LANE 3755 JACKSON ST40RAMBLERHDROLLINGHILLSESTATESSANFRANCISCO CA 94118—COOCOSTERVILLEMA02655-0000 PALOS VERDES PR CA 90274-0000 PAR: R14U 187.PAR: R13'r 032.PAR: R139 033.KEY: 76009 TAX CODE:300 KEY: 73466 TAX CODE:300 KEY: 73495 TAX CODE:300 DOLAN, ROdERT J 8 WOOD, GARA B CHANDLER, THOMAS ESPILANE—DOLAN, KATHLEEN 4J BARNARD RD 15 HURSESHOE LANE7DOVERLANEOSTERVILLEMA02655-000D ROLLING HILLS ESTATESLEXIN-TUN qA 02173-0000 PALOS VERDES PE CA 90274-0000 PAR: R139 034. PAN: R135 J35.PAR: R139 036.KEY: 73501 TAX CODE:300 KEY: 7351U TAX CODE:3UO KEY: 73529 TAX CODE:300 JUNGINGER, R.ALPH H EDWARDS, MARGARET K TURNER, THEODORE R JR TRSJUNGINGER, HELMA E 1AUINGTON SAVINGS BANK 55 BARNARD RD228EASTCHESTERRDPREUS, CHARLES E OSTERVILLE MA 02655-0000NEWROCHELLENY1U801-0000 564 WASHINGTON ST WHITMAN MA 02382-0000 PAR: R139 037.PAR: R139 U38.PAR: R139 046.KEY: 73538 TAX CODE:300 KEY: 73547 TAX CODE:300 KEY: 73627 TAX CODE:300 HIGSINS, UEATRICE L MACDUNALD, DANIEL N 8 CROSJY, WILTON e476ARNARDRDMACDONALD, ELEANOR F 1284 MAYFLOWER DRIVEOSTERVILLEMA02655-0000 123 WOODCLIFF RD PO BOX 248 DATTUNA 3EACH FL 32019-0000 CHESTNUT HILL MA 02167-0000 PAR: H139 047.PAR: R139 O48.PAR: R139 049. KEY: 73636 TAX CODE:300 KEY: 73645 TAX CODE:300 KEY: 73654 TAX CODE:300 MCUUADE. ELIAS J MARTORANA, HERMAN 8 MARY M GAFF.IEY. THOMAS E JOHN E NUR70N 125 FIVE CORNERS RD 1J5 JEVERLY RD Pi 3OX 523 CENTERVILLE MA 02632-0000 8800KLINE MA 02167-0007 OSTERVILLE MA U2655-0000 PAR: R139 050.PAR: R139 051.PAR: R139 052. KEY: 73663 TAX CODE:300 KEY: 73672 TAX CODE:300 KEY: 73631 TAX CODE:300 PdICE. WILL J IIL 6 JANE R HULLOWAY. PHELPS CASSIDY• CHARLES E P 0 BOX 299 247 CRYSTAL LK RD AGNES C CASSIDY OSTERVILLE MA 02655-0000 WIANNU MA. 02655-0000 CRYSTAL LAKE RD OSTERVILLE MA 02655-0000 PAR: R139 053.PAR: R163 001..PAR: .R163 002. KEY: 73690 TAX CODE:300 KEY: 29987 TAX CODE:300 KEY: 39996 TAX CODE:300 BOLES. RUSSELL S OCONNOR. JEREMIAH POWER. PATRICIA R MARGARET S 30LES 435 WIANNU AVE 35 GRAYFIELD AVE 225 CRYSTAL LAKE RD OSTERVILLE MA 02655-0000 WEST ROX3URY MA 02132—OJOC OSTERVILLE MA 02655-0000 PAR: R163 005.PAR: R163 U25.001 PAR: R163 025.032 KEY: 9U010 TAX CODE:300 KEY: 326361 TAX CODE:300 KEY: 328390 TAX CODE:300 COPELAND. JOHN T WEISS. k03ERT S WEISSI ROEERT S TR VINNIE COPELAND TOWER REALTY TRUST TOWER REALTY TRUST 43 SCOTCH PINE RD 432 WIANAO AVENUE 432 /IANNO AVE WELLESLEY MA U2181-0000 OSTERVILLE MA 02655-0000 OSTERVILLE MA 02655-00Ji: I r Town of Barnstable L4 Planning Department n MA Staff Report-Appeal No. 1994-104: Lane&Laughlin f6I9. Variance-Bulk Regulations-Minimum Lot Area Date:November 08, 1994 To: Zoning Board of Appeals From: Robert P. c ernig,Director Art Traczyk,Principal Planner Dave Palmer,Assistant Planner Petition Summary Appeal No. 1994-104 Applicant/Owners:John Lane, P.O.Box 141,Needham,MA 02192; 56 Rambler Road,Osterville,MA(Map 140-Parcel 182) And William&Mary Ellen Laughlin, 82 Barnard Rd.,Osterville.,MA 02655(Map 140-Parcel 192) Assessor Map/Parcel: 140-192 (0.47 acres) and 140-182 (0.49 acres) Zoning: RF-1, Residential F-1 District Applicant's Request: Variance to Section 3-1.3 (5),Bulk Regulations,Minimum Lot Area. Activity Request: To allow Lot 140-192,.a non-conforming lot of 20,075 sq.ft.to be changed to a more non- conforming lot by a reduction in size of 884 square feet. Procedural Provisions: Section 5-3.2(3): Variances Filed: October 13, 1994; Hearing Scheduled Nov. 16, `94 Background Information: The subject of this appeal is Map 140,Parcel 192 and the abutting lot to the west: Both lots are located on the north side of the intersection of Rambler Road and Barnard Road,Osterville,MA. According to the Assessor's Records each lot contains a single family dwelling unit and has public water and an individual on-site septic. 56 Rambler Road dwelling was built in 1970,and 82 Barnard Road was built in 1968. The petitioners are jointly requesting relief from the minimum lot size of one acre for the purpose of resolving a mutual boundary re-alignment(as shown on Easement Plan,August 16, 1994 1"=30'.Prepared for John R Lane,PO Box 141,Needham,MA,for Owner,William F. &Mary Ellen Laughlin,82 Barnard Road,Osterville,MA 02655")to allow past traditional uses to be accommodated and to straighten.out the boundary angle. The easement area is now proposed to be a deeded transaction from Lot 192 to Lot 182. A copy of the ANR(Approval Not Required)Plan dated May 12, 1994 and endorsed June 20, 1994 is attached to the application. Department Comments: 1. The application states the Lane's have owned their property since 1977 while the Laughlin's have owned their property for one year. The Laughlin's property,Assessor's Map/Parcel 140/192 that is being reduced from 20,075 sq. ft. to 19,191 sq.ft. should be issued a variance prior to implementation of the plan and transferring of the land. 1 Staff Report - Appeal .No. 1994-104: Lane and Laughlin Variance: Minimum Lot Area, Boundary Adjustment Y 2. Section 5-3.2(3),Variances,of the Zoning Ordinance and Section 10 of Mass. General Laws(MGL)Chapter 40A require that the Board be provide with facts which justify the granting of the relief sought. The petitioner should be prepared to present the circumstances relating to soil,shape,or topography which justifies the granting of this relief and should also be prepared to substantiate that the granting of the relief will not be,in detriment to the neighborhood nor derogate the intent of the Zoning Ordinance. SUGGESTED CONSIDERATIONS: If the Board should find to grant this request for a Variance to the Minimum Lot Size for Map 140,parcel 192,it may want to consider the following condition: That the boundary realignment be as shown on Easement Plan,August 16, 1994 1"=30',Prepared for John R.Lane,PO Box 141,Needham.MA,for Owner,William F. &Mary Ellen Laughlin, 82 Barnard Road, Osterville.MA 02655 Attachments: Application,including ANR Plan Proposal,and Easement Plan Assessor Field Cards,Lots 140-182 and 193 (dated 12/18/93 and 11/02/92) copies: Applicant/Owners Building Commissioner Planning Board Zoning Board of Appeals Files Appeal No. 1994-104 2 f MYCOCK, KILROY, GREEN & FORD, P.C. ATTORNEYS AT LAW BERNARD T.KILROY 171 MAIN STREET SPECIAL COUNSEL ALAN A. GREEN P. O. BOX 960 RICHARD P.MORSE,JR. MICHAEL D.FORD HYANNIS, MASSACHUSETTS 02601-0960 OF COUNSEL LAURIE A.WARREN TELEPHONE (508) 771-507{0 EDWIN S.MYCOCK MARIBETH KING TELEFAX (508) 790-1954R v RONALD J.SEIDEL REFER ALL MAIL: OCT 8 P.O.BOX 960 Jv aiY 4 j' ie -Z-1E.. October 17, 1994 Barnstable Board of Appeals 367 Main Street Hyannis, MA 02601 Re : Variance application for Laughlin property Variance application for Lane property (if necessary) John Lane, applicant 82 Barnard Road, Osterville Assessor Map 140 Parcel 192 Dear Board, Please be advised that this office represents John Lane in this appeal . It has been brought to my attention that the Laughlin house is more than 100 years old, not 1 year old as stated in Paragraph 13 of the application petition. Please accept this correction. Thank you very much. f, Ve-" aly your Michael D. Ford MDF/ppj CC : Mr. John Lane PO Box 141 Needham, MA 02192 Mr. and Mrs . William Laughlin 82 Barnard Road Osterville, MA 02655 OCT 3 w MYCOCK, KILROY, GREEN & FORD, P.C: ' ATTORNEYS AT LAW BERNARD T.KILROY 171 MAIN STREET SPECIAL COUNSEL ALAN A. GREEN P. O. BOX 960 RICHARD P.MORSE,JR. MICHAEL D.FORD HYANNIS, MASSACHUSETTS 02601-0960 OF COUNSEL LAURIE A.WARREN TELEPHONE (508) 771-5070 EDWIN S.MYCOCK MARIBETH KING TELEFAX (508) 790-1954 RONALD J.SEIDEL REFER ALL MAIL: P.O.BOX 960 October 12 , 1994 Barnstable Board of Appeals 367 Main Street Hyannis, MA 02601 Re : Variance application for Laughlin property Variance application for Lane property (if necessary) John Lane, applicant 82 Barnard Road, Osterville Assessor Map 140 Parcel 192 Dear. Board, Please be advised that this office represents John Lane in this appeal . Enclosed please find a Variance Petition and a check for $75 . 00 for the required fee : A list of abutters is also enclosed. It is my understanding that the public hearing on this will be .scheduled for November 30, 1994 . The petition has been filed at the Town Clerk' s office . Ve s, Michael D. Ford MDF/PhJ encl : petition and check cc : Mr. John Lane PO Box 141 Needham, MA 02192 Mr. and Mrs . William Laughlin 82 Barnard Road Osterville, MA 02655 A & M Survey 33 Old Main Street South Yarmouth, MA 02664 Notice For Public Hearing The following are the most recent names, mailing addresses and corresponding Assessor's Map & Parcel Numbers of the abutting property owners , the owners of land directly opposite on any public or private street or way,_ and all abutters to the abutters within- three- hundred- ( 300 )- feet of the property lines of the subject property. i Assessor' s Map & Parcel Number Owner' s Name Address 140 - 171 & 172 St . Peter ' s Episcopal Church, Wianuo Ave . , Osterville 02655 if - 170 Chester M. & Lorraine M. Howe , 57 Swan Rd . , Winchester , MA 01890 173 Smith Familv Trust , 3000 Garfield Suite 280 Garfield ,TY 79705 174 Carbonell Nominee Trust , 371 Wiarino Ave . , Osterville , MA 02G55 179 Stetson R .&Jane G. Hall , 28 gambler Rd . , Osterville , MA 02655 133 Thomas M. Chandler , 15 Horseshoe Ln . , Palos Verdes CA 90274 1.34 Peter M.&Barbara Fol_Ler , 3755 Jac;csoti St . , San Francisco C1 94118 185 Clifford & Mary Noreen 65 Rogers Rd , E Longmeadow MA 01028 187 Robert J . Dolan , 7 Dover Ln . , Lexii),> ton MA 02173 181 Barbara P . Bears_e , 46 Rambler Rd. , Osterville , MA 02655 18- John R. & Grace L. Lane , P .O . Box 141 , Needham, MA 02192 153 Mina R. Giuvannoue , P. O . Box 105 , Osterville , MA 02655 154-1 Javier F.&Nelly E. Kuong 57 Grevlock Rd Wellesley MA 02181 154 -2 Paul W. Wiieatuu . 310 Nort,i Grand Ave Poug,ikeeL2sie NY 12603 163 - 5 John T.&Viniiev Copeland , 48 Scotch Pine Rd . Weilesiev , MA 02181 if 25-1 & 25-2 Tower Realtv Trust , 432 Wianuo Ave , Osterville , MA 02655 1 Jo emiah Oconnor , 435 Wiaiino Ave , Osterville , MA 02655 139 - 32 Gara B. Wood , 40 Bar<tard gd. , Osterville , MA 02655 if - 33 Thomas E. CL'iaudler , 15 Horseshoe Ln . , Palos -Verdes , CA 90274 if 34 RalDli lI.&Helnia L. Juu2inger , 228 E. Chester Rd. , New Ruciielle , NY 10801 35 MARGARET K . Edwards . 81 Barnard Rd . , Osterville , MA 0265j 36 Theodore R . Turner , 55 Barnard Rd—Osterville , MA 02655 37 Beatrice L. Hi 2iiis , 47 Barnard Rd. , Osterville , MA 0" 55 W Wilton B . Crosbv , 1239 Mayflower Dr , Daytona Beach FL 32019 47 Elias J . McOuade & John E . Norton , PO Box 523 , Osterville , MA 02655 48 Herrnan & Mary M. Martoraiia. 125 Five Ck)rne;_s Rd , Cehcervilie , MA J2G _ 4-9 Thomas E. Gaffney , 105 Beverly Rd. , Brooi:liile , MA 02167 50 Mary B . Breed, 255 Crystal Lake Rd. , Osterville , MA 02655 51 PIielos Hollowav , 247 Crvscal Lake Rd . , Osterville , MA 02655 52 Charles E.&Agnes C. Cassidy , 235 Crystal Lake Rd . , Osterville , MA 026= 53 Russell S .&Margaret S . Boles , 225 Crystal Lake Rd. , Ostervi.11c , MA0265 N O T I C E Upon submission of application, it is required that all facts and documentation necessary to support the relief being sought be presented by the applicant. The failure of which may result in the denial of the application at the scheduled hearing. F ZHE T Town of Bamstable Planning Department aAMSTAB a 230 South Street, Hyannis, Massachusetts 02601 s639. ,0m (508) 790-6290 Fax (508) 790-6454 ArEO MA'S A TO: Planning Board FROM: Robert P. Schernig, Director x Laura Harbottle, Assistant Planner RE: ANR Plan Showing Division of Lot 43 As Shown on LCC 7685Q DATE: June 10, 1994 Background This ANR plan shows a subdivision of Lot 43 on Land Court plan LCC 7685Q. The property is located in the RF-1 Zoning district, which requires a minimum of 43,560 sq. ft. of upland and 20 ' frontage. Lot 43 will be subdivided into two lots, 46 and 47 . Lot 46 is not intended to be buildable and is proposed to be combined with the adjacent Lot B. Lot 46 is nonconforming with respect to area, but has 154 .8 feet of frontage on Barnard Road, a public way. The plan will result in the area of Parcel B being reduced further, thus creating a zoning violation since the lot does not meet area requirements. The owners are aware of this problem and intend to apply to the Zoning Board of Appeals for zoning relief. Request The applicant requests endorsement of the ANR plan as presented. Recommendation Barnard Road is a public way, and Lot 46 meets the frontage requirement for the RF-1 zoning district. The plan should therefore be endorsed as an ANR. cc: Steve Seymour, Engineering Department Jacqueline Etsten, Principal Planner TOWN OF BARNSTABLE SUBDIVISION RULES AND REGULATIONS FORM E DESIGNER'S CERTIFICATE t Date:I-lay 27 , 1994 94 .II -7 A10 :02 Subdivision # : ANR- To the Planning Board in the Town of Barnstable-: In preparing the plan entitled: Subd;v• L,n pl a-1 ()f i ailci j „ Ra. „5- stabi '(0st-erville) Muss . , and dated Hay 12 , 1994 I Richard R. L'k{euieux of company: A&M Laud Services , Inc , address: 33 Old. Main St - , S . Yar-ttiout-Li tel: (508) 398-2121 hereby certify that the above named plan and accompanying data are true and correct -to the accuracy required by the current Town of Barnstable Subdivision Rules and Regulations and the rules of the Massachusetts Registries of Deeds, and that my source of information about the location of boundaries shown on said plan were one or more of the following: • William F. & 1. Deed from Robert J.&Mare S . Doyle to Mary Ellen Lau iilin dated Sept . 28 , 1993. and recorded in the Barnstable Registry in Akok Doc. # , MIX. 595249 (LC) 2 . Other deeds and plans, as follows L. C. C. 7685 0 3. Oral information furnished by 4 . Actual measurement on the ground from a starting point established by 5. Other sources Registered 'Land Surveyor o RICHARD c Ft Name: Richard R. L'Heuretix NEu3412 Address: A&M Land Services , In:: OfCiStE o 33 U1d Main Street S . Yarrioi-i.tit ss SJ Phone: 508 398-2121 ryAtL Registration # : 4312 Surveyor's Seal Signature: Professional Engineer Name: Address: Phone: Registration # : Engineer's Seal Signature: s TOWN OF BARNSTABLE SUBDIVISION RULES AND REGULATIONS FORM A APPROVAL NOT REQUIRED PLAN - SUBMISSION CHECKLIST U_ r} i MC-TA This form must be completed by the plan preparer, signed, dated and returned with the completed copy of *%r -fin .QZ&;7m E along with the appropriate fee. For the complete submission requirements see Section 3-3 of the Rules and Regulations . Please check each item submitted: v Two Copies of the completed Form A and Form A Checklist. Filing Fee Paid $ One copy of the completed Form E. Copy of deed and copy of recent tax bill. Ten copies of the plan at a reduced scale 1"=100 ' t/ GIS file or mylar y Original cloth tracing and six ( 6) prints of the plan containing the following information: Z. Locus Map at a scale of 1" _ k, 000 ' . Underneath the locus map, the assessors map and parcel number(s) , zoning district( s) , zoning overlay district(s) , and zoning area, frontage and dimensional requirements. North arrow. Present owner(s) ' of the land, and adjbining lots and owner( s) . Frontage of any remaining adjoining land. Location of existing buildings, including front, side and rear yard setbacks and street address. L-oc-ation- and-.-width,- of-streets=;-ways---and- easements-:-- legal status, name and pavement widths. Type of s_-surface of---way-which gives--- rontage NA Location and area of wetlands on any buildable lot. v square eet and/or s • of shapeLotsizeinfracre1p factor calculations on separate building lots . Lots created for conveyancing purposes only, so noted. I Note: "No determination as to compliance with the Zoning Ordinance requirements has been made or - intended by the above endorsement" . Signature of re is ed land surveyor or registered engineer: Company/Firm: rievE Address :33 04P Al ST S0. AleOr l q OZVv Telephone: s;l61 398-Zi z/ Date: va Certification: Certification d: subdn: fma-anr.doc a e i TOWN OF BARNSTABLE SUBDIVISION RULES AND REGULATIONS FORM A APPLICATION FOR DETERMINATION THAT PLAN DOES INOTF REQt I.RE APPROVAL 8.A R H'-'IA F IASS. Date: May 27 , 1994 94 XN -7 A10 .01 The undersigned owner(s) or authorized applicant(s) of the land shown on the accompanying plan request a determination and endorsement by the Barnstable Planning Board that approval under the Subdivision Control Law is not required. Plan Title: Subdivision Plan -of Land in Barnstable, (Osterville) Mass . May 12 , 1994 Scale: 1"=20 ' Plan Date: May 12 , 1994 Assessor's Map and Parcel Number: May 140, Parcel 192 Zoning:. RF-1 Area: 43 , 560 Number of Lots: 2 Drawn By: A&M Land _Services , Inc Address: 33 Old. Main Street So. Yarmouth MA 02664 Phone:508 398-2121 The undersigned's title to said land is derived as follows: By Quitclaim Deed recorded as Document # 595249 in the Land Court section of the Barnstable Registry of Deeds . From Robert J. & i Mary S . Doyle PLEASE COMPLETE THE FOLLOWING 1. The proposed lots do do not X meet the present Zoning By-Law lot size requirements, including lot shape factor requirements. (Check one) . 2. The applicant believes that the plan does not require the Planning Board's approval because (please circle) : A. Each lot has the minimum required frontage required under the Zoning Bylaw on Street, which is: 1. A public way, certified by the Town Clerk as . maintained and used as a public way, or 2. A way shown on a subdivision plan # dated and endorsed and installed in , accordance with the Subdivision Rules and Regulations, or 3. A private way which provides adequate access in accordance with Section 3-1.3 (2) of these Subdivision Rules and Regulations. B. The division proposed is for conveyance purposes and does not reduce, the lot frontage less than the minimum required in the Zoning Bylaw. C. The division of the tract of land shown on the accompanying plan is not a subdivision because two or more buildings shown on the accompanying plan were standing prior to the date in which the Subdivision Control Law was implemented in the Town of Barnstable. The date the buildings were constructed and the use is as follows: Building #1 date use . Building #2 date use Building #3 date use Other reasons: 4. Has a plan of this land been submitted to the Planning Boardbefore? Yes No X (check one) . If yes please. provide the date of the plan, date of recordation with the Registry of Deeds or of the date of filing with Land Court 5. a there any wetlands within this tract of land? s No X (check one) . 6. r e -owner/applica owns djoin land yes X no Si n ture of Owner Address Telephone Signature of ner Address Telephone ignature Address Telephone Authorized Applicant Applicant's Authorization: re Rpbq Y..LNs J `\• ti: Q I—.At er t• P ASSESSORS REr. ZWL Z„ is p Q\ Sy7 4r1 OVERLAY DISTRICT: ON Poroel A J ' o+a ar.°":"•-.,A.. ti s gjje \•.`.p4`> T Cw o 1j}B{EB:. f7000 ZONE c" i'r rR.:.•:.•` a M o+wr ram •\'.. C!'J / ` Lot46 ta I v U REFERENCES R os o.•r oq L4r e"' BPRNPRO v a...r o.... SUBDIVISION BARNSTABLE PLANNING BOARD PLAN OF LAND IN BARNSTABLE. r m+w,n MASSACHUSETTS NOTE., YAY IZ. 1994 SCALE: 1--20• Nr r......r. V..-r'.'..•.+r. BEING A DIVISION OF LOT/J AS SHOWN ON LCC 76650 e'.a M r' o..r w.«i.....ss r a.«Rrr r.v a•nwq au..a Lrr.RRR.ol. a)u uv a"ss.r r:.o.uiwv r. w w w. r 1 Barnstable Planning Board 230 South Street Hyannis, MA 02601 William F. & Mary Ellen Laughlin 82 Barnard Road Osterville, MA 02655 May 27, 1994 Members of the Board, I (we) hereby authorize Richard R. L'Heureux to represent our interests in the submittal Of the proval not Required Plan dated May 12, 1994 which depicts the division of the lot sho n on Assessors' Map 140 parcel number 192. Sin ly, V Date Date r i F j sa u QUITCLAIM DEED WE, ROBERT J. DOYLE .and MARY S . DOYLE of Houston, Texas FOR consideration paid and in full consideration of TWO HUNDRED TWENTY THREE THOUSAND TWO HUNDRED FIFTY DOLLARS and NO CENTS ( $223,250 . 00) paid GRANT to WILLIAM F,LAUGHLIN and MARY ELLEN LAUGHLIN, husband and wife as tenants by the entirety of 82 Barnard Road, Osterville, Massachusetts 02655 WITH QUITCLAIM COVENANTS Two certain parcels of land together with buildings thereon situated at 82 Barnard Road in Barnstable , (Osterville) , Barnstable County, Massachusetts, more particularly described as follows : PARCEL 1 - Registered Land SOUTHERLY: by Barnard Road, 154 . 76 feet; NORTHWESTERLY by Lot 44, 92 . 89 feet; AND WESTERLY: NORTHERLY: by a portion of land now or formerly v of Francis W. Parsons, Trustee, 98 . 99 o feet; b NORTHEASTERLY: by a portion of land now or formerly 01 of Trustees of Donations to the o Protestant Episcopal Church, 80 . 00 4 feet; m a Cd SOUTHEASTERLY: by Lot 10, 108 . 87 feet. 00 ALL of said boundaries are determined by the Court to be located as shown on subdivision plan 7685-Q dated November 1, 1967, drawn by Nelson Bearse - Richard Law, , Surveyors and b filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 310 Page 112 with Certificate of Title No. 39382 and said land is shown thereon as LOT 43 . v SO much of said lot as is included within the limits of w Barnard Road as shown on said plan .is subject to the rights of all- persons lawfully entitled thereto- in and over the -same. THERE-i s--a urtererrant-to---s-atd—lot the right-"to-ht- to--use - Barnard ALGER&SCHILLING Pp g ATTORNEYS AT LAW Road and Rambler Road as shown on said plan for free ingress 886 MAIN STREET and egress to and from the public way known as Wianno Avenue P.O.BOX 449 in common with all others now or hereafter lawfully entitled OSTERVILLE.MASS. thereto 026SS-0449 y..' 7 / r I SUBJECT to' an Easement 'to Cape & Vineyard` Electric Company et al as shown on said plan by instrument dated December 15, 1952 being Document No. 35377 . SUBJECT to a Taking by the Town of Barnstable for the layout of Barnard Road as a Town Way by instrument dated March 15, 1954 being Document No. 39939 . PARCEL 2 - Unregistered Land A small triangular parcel of land shown as LOT B on plan entitled, "Subdivision Plan of Land in Barnstable Wianno) , Mass . , dated November 1, 1967 , drawn by Nelson Bearse - Richard Law, Surveyors and filed in Barnstable County Registry of Deeds in Plan Book 222 Page 29 . FOR title to Parcel 1 see Certificate of Title No. 47412 . FOR title to Parcel 2 see deed of William W. Slade dated December 6 , 1969 recorded in Barnstable Deeds in Book 1457 Page 710 . WITNESS our hands and seals this day of September, 1993 . 1, ROBERT J. DOYLE mod\vvV/ MAY S. OYLE f: DEEDS `kb 01 BAO.9VABLE STATE OF TEXAS 10/06/93 f-I QG County September 1993 s TAX 764.37 THEN personally appeared the above named, ROBERT J. DOYLE and CHCK 764.37 _MARY S. DOYLE and. acknowledged the foregoing instrument -to., - be -- their free act and deed_, before me 3462A000 12:01 EXCISE-TAX - ._ _ - -- r ALGER&SCHILLING ATTORNEYS AT LAW Notary Public 886 MAIN STREET P.O.BOX 449 My Commission Expire kk,- ,.•'',;;- • y l./.:flJl./J 3:R/.i.,c1 e• OSTERVILLE.MASS. j/./ S J , -' f ,•, LAUREL DUGCAN 02655-0449 NOTAHI'PIJrLIC.6T41'E OF TE r.AB NYCOUMMSION EXPIRES MARCH 4 1995 o- . 131609595249 4n i i i i I O m D t_C):. C c n(n Cry Js_t i i C) t) 1 I:T1 G i i ALGER 8e SCHILLING ATTORNEYS AT L—AW 1 886 MAIN STREET I I i P. 0. BOX 449 I p OSTERVILLE, MASS. 02655-0449 MEMORANDUM i IN SUPPORT OF VARIANCE APPEAL NO 1994-104 Property located at : 82 Barnard Road • Osterville Presented by Michael D. Ford, Esq. Mycock, Kilroy, Green Ford, P. C. Box 960 Hyannis, MA 02601 November ,16 , 1994 1 BACKGROUND AND FACTS This is a petition for a variance to permit an undersized lot at 82 Barnard Road to become more undersized as a result of the transfer of a small portion of the lot to the abutting property. This undersized lot (20075 sq. ft . in RF-1 district) , owned by William and Mary Ellen Laughlin at 82 Barnard Road in the Osterville section of Barnstable would become 19191 sq. ft . after the proposed transfer to their neighbor, John Lane, of 56 Rambler Road. This parcel has been owned by the Laughlins for one year. The Lanes have been residents since 1977 . The proposed property to be transferred is 884 sq. feet of undeveloped land abutting the road. Attached to the variance application were the copies of the Approval Not Required plans endorsed by the Barnstable Planning Board on June 20, 1994 and the easement plan which clearly shows the property to be transferred. ARGUMENT With respect to the variance request, Massachusetts General Laws Chapter 40A, Section 10 specifically provides the criteria for a variance : 1 . There are circumstances relating to soil conditions, shape, or topography of land and especially affecting said parcel but not affecting generally the zoning district in which it is located and a literal enforcement of the provisions of the zoning by-law, would involve substantial hardship; and 2 . Desirable relief may be granted a) without substantial detriment to the public good; and b) without nullifying or substantially derogating from the intent or purpose of the' by-law. 1 Specifically relating to this petition, in the following ways, the criteria can be met . A. THE CONDITIONS ESPECIALLY AFFECTING THE PARCEL SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE BARNSTABLE ORDINANCE WOULD INVOLVE SUBSTANTIAL HARDSHIP: 1 . Conditions especially affecting the locus with circumstances relating to the soil conditions, shape or topography: a) Topographic conditions facilitate the transfer of this triangular piece of property and the resulting lot configuration establishes a straight property line . b) The shape of the lot is dictated in part by the area of the lot; e) The area or size of the lot determines the outside dimensions and results in forming the shape of the lot; and f) The physical features, topography and configuration of the lot (shape) are determined by the area and size which are unique . 2 . Substantial hardship: Inability to transfer ownership of proposed triangular lot could result in future problems for both properties . B . DESIRABLE RELIEF MAY BE GRANTED 1 . Without substantial detriment to the public good: a) To be able to transfer this small piece of property has no detrimental effect on the public good. b) The change in lot size results in two new lots still similar in size as other lots in the area. c) At the time of these lots were created (1967) , the lots met the minimum lot size requirement in effect . d) The lots meet all other dimensional requirements of the zoning by-law with the exception of minimum lot size . e) The lots are in the AP Groundwater Protection Overlay District . 2 . Without derogating from the intent of the Barnstable 2 I Ordinance . a) This dimensional variance has very little impact on the residential character of the neighborhood. b) The lot became undersized in 1985 and becoming slightly more undersized in 1994 is not a detriment to the neighborhood. CONCLUSION For all the above reasons, the Board of Appeals should grant this petition for a variance. Exhibits : Assessor Map 140 showing locus ANR Plan D: \Data\Users\PPJ\laneramb.mem I 3 pv a-wn--toy{JUOfJVo-cIc1 YO 169-I 1 1 Ad x go tp, Al I I I Y OO I Y y a' 1 69• s a I 4C 2l 7S vaw••a• / .O•/Lc Mqt sil /i O ROAD 977 0 to 1 o tv t O 0 sg i 1. 55 4 o o cil 1. 00ACo43 L61 I fI1a e O 1 1. 90AG i y O I I JtN.0 0 f/ lY I 0.9 is 9 7C 44 y pJ Sq IS4-Z Ot i J x 40. ao C n I. 00 Ja O C• C 9J ho 1 4C C J4 C.as q4J a I j!f 14 Be aD, C 4C• I I I qC y' 1190 t• Q•i C! A d REV. BY AV/f 19•9AR NARO 1Q q4 B4r u ORIGINAL ISSUE: 191 Iaa lN,MoI VS£ D: 1 1 1116/Z1: . 1 I II7 141 ' 164 281 i,1 4 0 116 140 163 115 139 62 loan Loms u ASSESSORS ZONJE, Parcel OMRLAY DISTRICTw c ur um ab.or LOW Lot 44 W iu a v OMNER: FLOOD ZOMnosI- K ma a pp 4Q L.4 47; l V RFfERFfLCEs: Lot 13 Lot 10 4e 0 Lot 36 1 SWDIIAS10N PLAN OF LAND BARNSTABLE P'L4NNMC BOARD 1 #p IN BARNSTABLE, Lot 5 y to -74 MASSACHUSETTS NOTE MAY IZ 1994 SCALE J'a20' Q if u a Y.r 1.r. BEWC A DIWStON OF LOT 43 AS SHOMN ON LCC 76M r....s rrr.r :r v. rrr r rr 6—i.n r rr..• 17f r "r FA-"t+ML ra ....L+r ar a oar rry.r r, am aFsm 6.1wq a.-ara ii/Q-2l0 i May 20, 1994 i To Whomever It May Concern: I am a neighbor of John & Grace Lane of 56 Rambler Rd. I 1 ive at .5S 1%o --rJt t and I am in f avor o f grant ing permission to the Lanes to widen their existing driveway. The Lanes live at the intersection of Rambler- & Barnard Rd. and between the people going to St.Peter' s Church and the neighbors ' families, there is too much traffic. The Lanes have 5 grown children and 13 grandchildren and the cars of the family are always in the street by necessity - not by choice. The hardship and danger of the cars on the street can be resolved by the above. We favor the above project. r J May 20, 1994 To Whomever It May Concern: I am a eighbor f John & Grace Lane of 56 Rambler Rd. I live at 1 f/' and I am in favor of granting permission to the Lanes to widen their existing driveway. The Lanes live at the intersection of Rambler- & Barnard Rd. and between the people going to St.Peter' s Church and the neighbors ' families, there is too much traffic. ' The Lanes have 5 grown children and 13 grandchildren and the cars of the family are always in the street by necessity - not by choice. The hardship and danger of the cars on the street can be resolved by the above. We favor the above project. IV-Llho( May 20, 1994 To Whomever It May Concern: I am//a neighbor of John & Grace Lane of 56 Rambler Rd. I live at-46 42A-en b2 OpId., and I am in favor of granting permission to the Lanes to widen their existing driveway. The Lanes live at the intersection of Rambler- & Barnard Rd-. and between the people going to St.Peter' s Church and the neighbors ' families, there is too much traffic. The Lanes have 5 grown children and 13 grandchildren and the cars of the family are always in the street by necessity - not' by choice. The hardship and danger of the cars on the street can be resolved by, the above. we favor the above project. THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) I M ^C&L DATA o s ISS-3 f:90/1G s d i t 0: O 4`, O 2 MAP 143 Preetto II p•1 10 5.-L Ile i.Jf6.c h 1.00 tt F r I f/Pory'W i• ti M 140 •1 l I A s SO a 4 0 C el 9 9 v N$ e 4'' °P Re h 0 9fvpto 79 e 4 p '4 P9 a M 1p Ir IX L. d 0" gyp p' 4. l,i o• A% L.s-.` o '` s 1' 4 yes g F30 6p+$''%. f q 5211G goo a y6 d9 y1 A9w MAP 134 LOS WIN ',CRrSrAL i••r clgrsrIL LIR[ 690 P 2 1a2,{12 tW 140— t2 131 —15 LAN C +, LkV&A L j F q r i O cb•'CB/D" 1 FND 0 o So 9 F o `SO os EAST Q O 8° W Boy BA Y64m o SR. 0 0 ° o 1 Q, For ReRegistry Use Only o ch o a0, o F9yyo o a9 o ce/D" o v LOCUS ae, n"J o o/ o v ,Io S Seaview NANTUCKET i oc o 86 Cr SOUND 00 Locus MopO0o a a Scale: 1 "=2,000±' o Oo a \ o a Parcel B S 21,265±SF total) Uj 48.53 0. r 0 NIF o John -R. & Grace L. Lane Stered o reg s Ctf 72307 erect FND o ; ASSESSORS REF. . ZONE. h Ist o _ sc,Deed Book 2610/112 Reg o S,5 o Mop 40gg.0 w, poi p 1 Parcel 192 RF 1 S243 o h Area min. 43,560 SF r c5' 0 V Fron to e (min) 20 o S ERLA DISTRICT. O o p Width (gm in) 125'Ois AP Aquifer Protection District 0 6 ,, g O 9 Setbacks: 9 q4 7 o As Shown on Plan Entitled10.wo Front 30ldoRevisedGroundwaterProtectionNecknQSide15 Con' Porce/ A Overlay Districts - Aril 1993 O p cB/" Pa c l y P Rear 15 o I do ed 15.89' FND 3,297fS.F` 0.08±Ac. (Unregistered) igfer Br• 15,904±S.F. 0.37±Ac. (Registered Lot 46) N 15 2 ly 19,201±S.F , 0.44 ±Ac. (Total) OWNER: FLOOD00D ZONE.- 0 red Sha e factor 16.9 V. Reg ste c°nC qpr P S> Q William F. & Mary Ellen Laughlin Zone C on 2 S ce-"t 82 Barnard Road Community Panel No. y o Lot 44 0 D y / F FND y Osterville, MA 02655 250001 0016D O Lot46' , o 82 ej July 2, 1992 Stone o CBIDH o Fo, 7s Drive f o h FND T yco REFERENCES: o o S' c h V fi s Lot• 47 l w f J o LC Document 595249 pL C8/DH I j O b F T t 1 LCC 7685ND0.02 A c. Gr 36.76 33.09 o4,5 Grovel Dri ve Oi/ 7 26. , BRB CTF 4 7412 49 L=y6 'FND eRe CTF 723075126. 76 ND o Deed Book 26101112 28'4 Lot 10 Plan Book 222129Lot13858S,p0, eC9 45/69 r 155 107 o 2 1 0.08 0 ICB/DH FND 0 NCn I o 0.15 BRB FND QO 1P1v sQLot36 BRB sy .)6, FN00. o BN8 0.09' LA V o 09• BRB PP FHA Approval under the Subdivision Control SUBDIVISION Law is not required 8ND PLAN OF LAND BA RNS TA BL E PLANNING BOARD IN Lot 5 BARNSTABLE, OSTER VI LLE) MASSACHUSETTS NOTE: BRB MAY 12) 1994 SCALE: 1 =20 Q 1.) Parcel „A" as shown hereon is composed of an FNDO l I certify that this plan has been prepared in p o BEING A DIVISION OF LOT 43 AS SHOWN ON LCC 7685 conformity with the rules and regulations of the unregistered portion containing 3,297±SF 'and registered pootion shown as "Lot 46" containing pRegistersofDeedsoftheCommonwealthofaro 6• Massachusetts,15,904±SF (total= 19,201±SF). 20 0 10 20 40 80 Da Parcel "B" as shown hereon is an existing lotOf2• Cmposed of an unregistered portion and a registered RiCHARD r G portion shown as Lot 44. R. No determination as to compliance with Prepared by: v La+ u aEux the Zoning Ordinance requirements has 3. Lot 47 as shown hereon is not to be considered9q1a A&M Survey 6 Ec sTEa°, `` been made or intended by the above a buildable lot and is to be deeded to and become 33 Old Main Street os endorsement.part of Parcel "B". The new combined area is 22,149±SF. So. Yarmouth, Mo 02664 Jvv 9 The revised shape factor is 16.4.A Division of A&M Land Services, Inc. . Registered Land Surveyor Date 508) 398-2121 fax (508) 394-9642 R Job # 93- 120 3