HomeMy WebLinkAboutdensieski@aol PUBLIC CommentFrom: densieski@aol.com
Sent: Monday, November 17, 2025 10:48 AM
To: Cavanaugh, Kimberly; Quirk, Ann; Tom Lee; Bloom, Charles
Cc: Hoopes, Edwin; Tamash, Craig; Brown, Erica
Subject: PUBLIC COMMENT, ConCom Nov 18, 2025 Agenda, parcel 71 Sunset Lane
A achments: [A] NOI SE3-6326 , parcel 71 Sunset Lane.pdf; [B] October 31, 2025, Cover
email from Department of Environmental Protec on.pdf; [C] Barnstable
GSI Unit map parcel 71 Sunset Lane.pdf; [D] Disclaimer, Town of Barnstable
GIS Unit.png; [E] Barnstanle Assessor ’ s tax parcels, parcel 71 Sunset Lane
.pdf; [F] 17933-A Land Court subdivision plan dated August 1939.pdf
To: Kimberly Cavanaugh, Staff, Barnstable Conservation Commission
Ann Quirk, Barnstable Town Clerk
F. P. (Tom) Lee, Chair, Conservation Commission
Charles Bloom, Councilor, Liaison Conservation Commission
cc: Edwin Hoopes, Public Comments, Conservation Administrator
Craig A. Tamash, President, Town Council
Erica Brown, Public Comments, Administrative Assistant Barnstable Planning-
Development
Common Field plan 17933-A, authorized Lot owners
re: PUBLIC COMMENT
Conservation Committee, Nov. 18, 2025 Agenda
Parcel 71 Sunset Lane, WPA Form 3, Notice of Intent SE3-6326, dated Sept. 20,
2025
November 17, 2025
Madam, Sirs:
Now we focus on parcel 71 Sunset Lane, Notice of Intent submitted by Tighe & Bond
The Notice of Intent contains several misleading representations.
The Notice of Intent should be tabled until the below issue items are resolved.
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The Notice of Intent has not been completed as required on the submitted WPA Form
3 Form.
Should the parcel be within a subdivision then a Plan Number and Lot Number are
required where the form specified.
I have added in blue the words “plan 17933-A” and “lot 3” onto the WPA Form 3. [see
A]
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The October 31, 2025 Department of Environmental Protection cover email stated in
all uppercase letters, … ISSUANCE OF A FILE NUMBER INDICATES ONLY
COMPLETENESS OF SUBMITTAL, NOT APPROVAL OF APPLICATION… [see B]
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The Barnstable Town maps utilized in the Notice of Intent filing included this Town of
Barnstable GIS Unit warning, … This map is for illustration purposes only. It is
not adequate for legal boundary determination or regulatory interpretation. …
[see C]
Prior to allowing parcel 71 Sunset Lane to enter the GIS site parcel 71 Sunset Lane
must acknowledge this Disclaimer by activating the I Understand selection. [see D]
The surveyor Tighe & Bond utilized the Barnstable GIS Units illustration as a
boundary determination as basis for the size and shape of parcel 71 Sunset Lane
when preparing the Tighe & Bond site plan presented to the Conservation
Commission. [see E]
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Land Court subdivision plan 17933-A, titled “Plan of Land in Barnstable” and dated
“August 1939” is attached with Lot 3 noted.
This is a legal factual Land Court document that has been accepted in various Land
Court trials, not an illustration. [see F]
The above is verified by the March 11, 1940 deed for plan 17933-A, Lot 3. [see G]
The deed states the lot’s dimensions are 100 feet by 60 feet [see G1]
The LOT 3 deed also states with rights of way in common with others entitled thereto;
with the right to use the beach in common with all others entitled thereto. [see F1]
Thereby, the 60 foot by 100 foot Lot 3 is surrounded by deeded easement way
(Sunset Lane) to the South; a deeded easement right of way to the West; a deeded
easement area marked “Bathing Beach” to the North; and a benefitted Lot 4 owned
by others on the East. [see E]
These deeded rights were originally granted by the Land Court in the November 29,
1946, Decree of Registration, recorded as document 19184 and certificate of title
8594 in the Barnstable Registry of Deeds. [see H]
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October 21, 2022 Land Court issued a Judgment for Plan 17933 confirming the
deeded rights each plan 17933-A Lot owner has been granted. [see I]
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The Land Court Judgment Plan 17933 also ORDERED, ADJUDGED and
DECLARED that the, … proposed artificial dune on Lot 202 interfere with the
Plaintiffs’ easement rights … [see I2]
Judge Roberts further clarified Plaintiffs’ easement rights as follows within the
Memorandum On Case, Plan 17933 [see J]
…
61. The (Conservation) Commission issued an order of conditions on December 4,
2018 (Order Of Conditions}, recorded in the Registry District as Document No.
1,361,001
62. The Order Of Conditions approved the Dune Project, subject to conditions
63. Among other things, the Order Of Conditions “does not grant any property rights
of any exclusive privileges; it does not authorize any injury to private property or
invasion of private rights” … [see J1]
December 4, 2018 Conservation Commission approved Document No. 1,361,001,
Order of Conditions WPA Form 5 SE3-5625. [see K]
The Order of Conditions states in: [C.] General Conditions, [2.], … The Order does
not grant any property rights or ay exclusive privileges: it does not authorize any
injury to private property or invasion of private rights … [see L]
The Order of Conditions states in: [C.] General Conditions, [3.], … This Order does
not relieve the permittee or any other person of complying with all other applicable
… state … or regulations … [see M]
The following Conservation Commission Members signed authorizing the Order of
Conditions SE3-5625. [see N]
As of November 13, 2025, a search of Land Court documents; [see O]
confirms that Town Of Barnstable Conservation, Document No. 1,361,001, dated
December 4, 2018; has not been discharged by the Town of Barnstable as directed
by Judge Roberts.
The most recent Conservation Department Projects file also continues to list SE3-
5625 as an active, approved project. [see P]
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November 22, 2021 the Barnstable Building Department issued parcel 71 Sunset
Lane a “Notice of Zoning Ordinance Violation(s) and Order to Cease, Desist and
Abate” for Finished space was created in the basement. [see Q]
Parcel 71 Sunset Lane appealed the “Order to Cease, Desist and Abate” to the
Barnstable Zoning Board of Appeals as “Finished basement exceeds the floor area
ratio; and the generator is located to close to the property boundary”.
The Barnstable Zoning Board of Appeals upheld the Building Departments “Notice of
Zoning Ordinance Violation(s) and Order to Cease, Desist and Abate” [see R]
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February 23, 2022 in Superior Court Barnstable, parcel 71 Sunset Lane filed a Civil
complaint v. Barnstable Zoning Board of Appeal’s members who upheld the Building
Departments Notice of Zoning Ordinance Violation; and Brian Florence as he is the
Building Commissioner [see S]
On Plaintiffs’ filing for Motion For Partial Summary Judgment contained a personal
hand written entry dated April 19, 2023. [see T]
It stated, … 4/19/23 – Partial summary judgment to enter that the enforcement … as
to the finished basement is improper because it was not commenced in a timely
manner… [see S2]
April 20, 2023 an entry noted on the case Docket stated:
… Endorsement on Motion for partial summary judgment (#6.1): Other action taken
Partial Summary Judgment to enter that enforcement action as to the finished
basement is improper because it was not commenced in a timely manner… [see S1]
A Trial in Superior Court Barnstable for the Zoning Board of Appeals never occurred.
The individual parties settled per case Tracker. [see S2]
Superior Court Barnstable case 2272CV00062, was settled June 28, 2024 by the
parties, not the appointed Superior Court of Barnstable Judge.
See the case docket “Ticklers” entry. [see S3]
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Two senior Barnstable Town Attorneys and the Commissioner of the Barnstable
Building Department spent twenty-eight months negotiating with parcel 71 Sunset
Lane.
All members of the Barnstable Zoning Board of Appeals were involved.
The Massachusetts Land Court has exclusive original jurisdiction of the following
matters including subdivisions, subdivision easements and Land Court plan 17933.
[see U]
The Land Court jurisdiction includes , (k) All cases and matters cognizable under
the general principles of equity jurisprudence where any right, title or interest
in land is involved, including actions for specific performance of contracts. [see
U1]
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The facts of record are clear.
The parcel 71 Sunset Lane’s Superior Court Barnstable case 2272CV00062, “illegally
finished basement area” was resolved due to, … it was not commenced in a timely
manner … [see S1]
The Barnstable Town “Notice of Zoning Ordinance Violation(s) and Order to Cease,
Desist and Abate” for a finished space was created in the basement was never
disproven.
The Barnstable Town Zoning Board of Appeals decision on the question pursuant to
“Section 240-88 Appeal of an Administrative Official’s Decision“ also was never
disproven.
It seems the parcel 71 Sunset Lane finished basement matters and additional
other items can now be brought against the current controlling persons of
parcel 71 Sunset Lane.
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It is necessary that the parcel 71 Sunset Lane Notice of Intent be denied until
subdivision plan 17933-A, Lot 3 benefitted acreage is determined and a site plan is
prepared which meets Land Court Survey Division 2006 Manual; and 250 CMR 6.00
Land Surveying Procedures and Standards.
Also:
-The harborside portion of the fence, [ see V]
trespasses upon the plan 17933- H, lot 196 portion of the deeded easement of the
area marked “Bathing Beach”. [see W]
This portion of fence is to be removed to allow access to the area marked “Bathing
Beach” by plan 17933-A lot owners.
High tide prohibits use of other sections of the Lot 196 which is a portion of the area
marked “Bathing Beach”.
-The fire pit may also trespass upon the plan 17933- H, lot 196,[see W]
a portion of the deeded easement area marked “Bathing Beach”.
To verify this item a bona fide survey meeting Land Court Manual for Surveyors
guidelines will be required to locate and stake the boundary line between plan 17933-
H Lot 196 which is a portion of the area marked “Bathing Beach” and plan 17933-A
Lot 3 which is easement benefited.
Anthony Densieski
P.O. Box 76
Barnstable, MA 02630
Attached A - W
Mr. Edwin Hoopes, pursuant November 18, 2025 Agenda, please distribute this email
and attachments to all Conservation Committee members and display this email with
attachments allowing for remote public viewing,