HomeMy WebLinkAboutdensieski@aol.com_Fw_ Public Comment, NovFrom: densieski@aol.com
Sent: Monday, November 10, 2025 12:59 PM
To: Brown, Erica; Quirk, Ann; Bloom, Charles
Cc: Florence, Brian; Cavanaugh, Kimberly; Hoopes, Edwin
Subject: Fw: Public Comment, Nov. 12, 2025 ConCom Agenda , parcel 71 Sunset Lane
To: Erica Brown, Public Comments, Administrative Assistant Barnstable Planning-
Development
Ann Quirk, Barnstable Town Clerk
Charles Bloom, Councilor , Liaison Conservation Commission
Brian Florence, Building Commissioner
Kimberly Cavanaugh, Staff, Barnstable Conservation Commission
Edwin Hoopes, Conservation Administrator
re: PUBLIC COMMENT
Old King’s Highway Historic District Committee, Nov. 12, 2025 Agenda
Item: Applications, 71 Sunset Lane, Barnstable MA
Madam, Sirs:
It is inconceivable that the parcel 71 Sunset Lane, Notice of Intent application
would even be accepted for the Conservation Commission Agenda given that the
parcel violates several Town of Barnstable General Ordinances and the surveyors
site plan violates the Land Court Judgment Order, dated October 21, 2022.
Thereby it is necessary that the 71 Sunset Lane Notice of Intent be tabled until
these issues are corrected.
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The Barnstable Building Department issued parcel 71 Sunset Lane a “Notice of
Zoning Ordinance Violation(s) and Order to Cease, Desist and Abate” on
November 22, 2021. [see A]
Parcel 71 Sunset Lane has not abated - corrected the listed violations.
Parcel 71 Sunset Lane Appealed the Order to Cease, Desist and Abate.[see B]
BUILDING COMMISSIONER’S RULING UPHELD [see B1]
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The Land Court plan 17933 Judgment dated October 21, 2022 states, ““ Each has
the right, as confirmed in their respective certificates of title, to the use of a bathing
beach running the length of the subdivision as shown on various plans thereof
(“the Bathing Beach”). “” [see C]
Unburden parcel 71 Sunset Lane is depicted on Land Court subdivision plan
17933-A as Lot 3 [see D]
The Lot 3 dimensions are 100 feet deep; 60 feet wide fronting an un-named way.
The original deed for Land Court plan 17933-A, Lot 3 was granted to Maxwell J.
Pearson and is dated March 11, 1940. [see E]
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June 18, 1973 an additional new Land Court plan was issued titled “Subdivision of
Land (Bathing Beach) shown on plan 17933-A” creating Land Court plan 17933-H.
[see F]
Twenty-two easement burdened lots were created. [see F1]
Land Court prepared Quitclaim Deed doc 59543 dated August 4, 1973. [see G]
Plan 17933-H, Lot 196 was given to the owner of Land Court plan 17933-A, Lot 3,
Maxwell J. Pearson. “for consideration paid, in full consideration of less than One
Dollar”. [see G1]
The property is a portion of the plan area marked “Bathing Beach” and was
conveyed at $0.00 compensation to transfer the property tax obligation and
easement responsibilities and continues to be marked “Bathing Beach”.
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The preparer of the 71 Sunset Lane Notice of Intent and site plan did not advise the
Town of Barnstable of the use easement contained in the Certificate of Title 8594
and Decree of Registration 19,184. [see H]
The surveyor did not note the easement on the site plan; or mark the area of the
“Bathing Beach” easement as was done on subdivision plans 17933-A, 17933-H
and other subdivision plans.
This is a requirement contained in the “Land Court Manual Of Instructions For The
Survey Of Lands And Preparation Of Plans” and also “Massachusetts Regulations
Title 250 CMR 6.00 : Land Surveying Procedures And Standards”.
The Notice Of Intent preparer utilized the “Assessor ’s Map” as stated in Tighe &
Bond “Appendices, (A), (5)”.
The Town of Barnstable GIS Unit listed the following disclaimer with the Assessor ’s
Map.
… This map is for illustration purposes only. It is not adequate for legal boundary
determination or regulatory interpretation. [see I]
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It is necessary that the 71 Sunset Lane Notice of Intent be tabled until these issues
are corrected.
Anthony Densieski
P.O. Box 76
Barnstable, MA 02630
Attached A – I
Ms. Erica Brown, please distribute this email with attachments to all Conservation
Committee members and any above noted persons who do not have a direct email.
Please display this email with attachments allowing for remote public viewing.