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HomeMy WebLinkAbout0059 BLUFF POINT DRIVE r �� �. ,; ��. ... �i� - - - / , � } f t I ;' z ,: 3� �_ � � , 1 E �� �� i :" 4 f i i, MICHAEL D. FORD, ESQUIRE ATTORNEY AT LAW 72 MAIN STREET, P. O. BOX 665 WEST HARWICH, MA. 02671 TEL. (508) 430-1900 FAX(508) 430-8662 EMAIL: mdfesq@capecod.net May 23, 2000 Ralph Crossen Building Commissioner Town Hall 367 Main Street Barnstable, MA 02601 Re: Egan Property Lots 37and 59 Bluff Point, Cotuit Dear Ralph: i Enclosed please find a copy of the Special Permit which provides that these two lots on which the putting greens are being constructed may be used as accessory to the Egan's lot across the street on Bluff Point Drive. Therefore,the single family residence to which the lots are appurtenant is 28 Bluff Point Drive, the two lots being 37 and 59 Bluff Point Drive respectively. As you will see in the Findings of Fact No. 3, the Board of Appeals found that there were two accessory buildings on these two lots which are to now be used as accessory to the main house. While no specific alterations were proposed to the accessory buildings as part of the Special Permit, I don't believe such alterations require Special Permit relief as the buildings will clearly remain accessory to the main house as part of the use authorized under the Special Permit. Please be advised that said Special Permit has been recorded at the Barnstable County Registry of Deeds in Book 13025, Page 283. If you have any further questions, please do not hesitate to contact me. Very truly , Michael D. Ford MDF/mbf enclosure, , cc: Tom Racicot_ John R. Egan aa e ` ell egg 'eo e" n e eJ�l,�l 0e-te l�tt_-J DOGz800,931. 05-23-2000 12%11 d - BRRNSTABLE.LAND COURT REGISTRY T � p rasa � '°'I-;::,•. �,,� ['q k. hP a� t„ Town of Barnstable Zoning Board of AppIF ; 1 ;44 Decision and Notice Egan-Appeal Number 2000-27 Special Permit-Section 4-1.2(1)Accessory Uses. ' Summary: Granted with Conditions: Petitioner. John,.R.and Pamela C.Egan' Property Address: 37 and 59 Bluff Point Drive,Cotuit,MA Assessors MapMarcei: Map.o34,Parcels 063 and'064 -1 Zoning:,.: RF Residential F Zoning'District " Groundwater Overlay: AP Aquifer Protection District Background: The.Special:Permit request is being made by a.John R. and Pamela C:Egan;Who'own'a residence at 28 :'.w..: Bluff Point Drive. The::petitioners are seeking to utilize two lots, addressed as 37&:59 Bluff Point.Drive, .,;::''-and located-across the::rdadwa 'from their residence for accessory uses to the home. The lots are.to be � used for putting greens and two.accessory buildings of a small water and irrigation building and a pump house. M ' Y' The applicants proposed use of the lots requires a Special Permit in accordance with Section 4-1.20). That Section reads as follows: . 114-1.2 Special Permit Required/Certain Accessory Uses . cs _ "The following accessory uses are permitted provided a special permit is first obtained from the Board of O n . Appeals: < , YK °1) In residential zoning districts, accessory uses and structures on a lot adjoining or:immediately' Opp osite and across a road from the lot on which the principal use.it serves is located; provided that both ':: lots are retained in identical ownership with respect to,both fee and non-fee interests j(as Amended by: Town.Council in item#96-014 on Nov. Z 1995)" -' Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January 27, 2000, A public hearing before the Zoning Board of Appeals was duly advertised and notices ' sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 29,2000,at which time the Board granted the requested relief. o Hearing Summary: Board Members hearing this appeal were Gene Burman, Gail Nightingale, Ron Jansson, Richard Boy, and Chairman Emmett Glynn. Attorney Michael Ford represented the applicants,John R. and Pamela C. o Egan. John Egan was presenL'.-.A memorandum was previously submitted to the file by Attorney Ford. The applicants own four lots. Two lots consist of their single family home and garage. This proposal is to permit two put fng.greens.on.the_other two lots to.be used in conjunction with their single..fami[y_hiame._..NQ . N accessory structures are planned. There are already two small structures(an irrigation building and a pump house)on site. t c D00:800,931. 0 —23-2000 .12 d 11 IME RAMSfAUM MA Town of Barnstable Zoning Board of Apppals;i , I Decision and Notice Egan -Appeal Number 2000-27 Special Permit-Section 4-1.2(1) -Accessory Uses Summary: Granted with Conditions Petitioner: John R. and Pamela C. Egan Property Address: 37 and 59 Bluff Point Drive, Cotuit, MA Assessor's Map/Parcel: Map 034, Parcels 063 and 064 Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The Special Permit request is being made by a John R. and Pamela C. Egan, who own a residence at 28 Bluff Point Drive. The petitioners are seeking to utilize two lots, addressed as 37 &59 Bluff Point Drive, and located across the roadway from their residence for.accessory uses to the home. The lots are to be used for putting greens and two accessory buildings of a small water and irrigation building and a pump house. The applicants proposed use of the lots requires a Special Permit in accordance with Section 4-1.2(1). That Section reads as follows: "4-1.2 Special Permit Required/Certain Accessory Uses "The following accessory uses are permitted provided a special permit is first obtained from the Board of Appeals: 1) In residential zoning districts, accessory uses and structures on a lot adjoining or immediately opposite and across a road from the lot on which the principal use it serves is located, provided that both lots are retained in identical ownership with respect to both fee and non-fee interests. (as Amended by Town Council in item#96-014 on Nov. Z 1995)" Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January 27, 2000. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 29, 2000, at which time the Board granted the requested relief. Hearing Summary: Board Members hearing this appeal were Gene Burman, Gail Nightingale, Ron Jansson, Richard Boy, and Chairman Emmett Glynn. Attorney Michael Ford represented the applicants, John R. and Pamela C. Egan. John Egan was present. A memorandum was previously submitted to the file by Attorney Ford. The applicants own four lots. Two lots consist of their single family home and garage. This proposal is to permit two putting greens on the other two lots to be used in conjunction with their single family home. No accessory structures are planned. There are already two small structures (an irrigation building and a pump house) on site. Town of Barnstable-Zoning Board of Appeals-Decision and Notice Egan-Appeal Number 2000-27 Special Permit-Section 4-1.2(1)-Accessory Uses Attorney Ford reported that the lots in issue are in different title ownership. Section 4-1.2 of the Zoning Ordinance states that the accessory uses and structures must be retained in identical ownership with respect to both fee and non-fee interests. The applicant's are the beneficiaries of the trusts''and they own or control all the lots. However, if the Board requires, the applicants will create one trust and put all the parcels together under that trust. Both of the lots in question are separate buildable lots, but the Petitioners have elected not to proceed at this time with building. They are seeking a more passive use of the land (putting greens) and as such, the relief may be granted without substantial detriment to the public good or the neighborhood affected. At the present time, no other use is intended for these lots. Attorney Ford indicated that as long as the rights granted under this Special Permit are exercised, there will be no other use on these lots. Public Comment: No one spoke in favor or in opposition to this appeal. Findings of Fact: At the hearing of March 29, 2000, the Board unanimously found the following findings of fact as related to Appeal No. 2000-27: 1. The petitioners, John R. and Pamela C. Egan, are seeking a Special Permit to Section 4-1.2(1) Accessory Uses. The property address is 37 and 59 Bluff Point Drive, Cotuit, MA, as shown on Assessor's Map 034, Parcel 063 and Parcel 064. The property is issue is located in a RF Residential F Zoning District. 2. The Petitioners currently own a single family dwelling across the street at 28 Bluff Point Drive, by virtue of a Trust, for which they are the Trustees. 3. The Petitioners are seeking to utilize the two lots across the street(37 and 59 Bluff Point.Drive) as accessory uses to allow for two putting greens-one on each of the lots-along with two accessory buildings. These two lots (Parcels 063 and 064) are buildable lots. 4. Parcel 63- 37.Bluff Point Drive is owned by Pamela Egan. Parcel 64 - 59 Bluff Point Drive is owned by John R. Egan. 5. The Petitioner has indicated an interest to combine the ownership, so that will not be an issue under the Zoning Ordinance. 6. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the relief being sought in Appeal No. 2000-27, subject to the following terms and conditions: 1. All three lots (the primary house lot and the two accessory lots)will be in the same record ownership- common ownership. 2. The accessory lots are to be developed and used as presenting in a plan tilted "Landscape Improvements Accessory To Residence of John Egan, 28 Bluff Point Drive, Cotuit, MA" and dated November 15, 1999. The Vote was as follows: AYE: Gene Burman, Gail Nightingale, Ron Jansson, Richard Boy, and Chairman Emmett Glynn NAY: None 2 a Town of Barnstable-Zoning Board of Appeals-Decision and Notice Egan-Appeal Number 2000-27 Special Permit-Section 4-1.2(1)-Accessory Uses Order: Special Permit Number 2000-27 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Emmett Glynn, Chairman Date Signed Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. i Signed and sealed this — ay of �r . �'� �' under the pains and penalties of perjury. 1 I / Linda Hutchenrider, Town Clerk 3 .MICHAEL D. FORD, ESQUIRE A7.".170RNEY AT LAW 72 MAINT STREET, P. O. BOX 665 WEST HARWICH, M,A., 02671 TEL. (508)430-1900 FAX (508)430-8662 EMAIL: mdfesq c�z capecod.net May 23, 2000 Ralph Crossen Bu.il.din.g Commissioner Town Hall. 367 Main Street Barnstable, MA 02601 Re: Egan Property Lots 37and 59 Bluff Point; Cotuit Dear Ralph: 'Enclosed please find a copy of the Special Pcn-uit which provides that these two lots on which the putting greens are being con.stTucted may be used as accessory to the Egan's lot across the street on Bluff Point Drive. Therefore,the single family residence to which the lots are appurtenant is 28 Bluff.Point Drive, the two lots being 37 and 59 Bluff Point Drive respectively. As you will see in the Findings of Fact \To. 3, the Board of Appeals found that there were two accessory buildings on these two lots which are to now be used as accessory to the main house. While no specific alterations were proposed to the accessory buildings as part of the Special Permit,I don't believe such alterations require Special.Permit relief as the buildings will clearly remain accessory to the main house as part of the use authorized under the Special Pennit. Please be advised that said Special Peanut has been recorded at the Barnstable County Registry of Deeds in Book 1.3025, Page 283. If you have any further questions, please do not hesitate to contact.me. Very truly , v Michael D. Ford MDF/mbf enclosure cc: Tom Racicot John,R. Egan MICHAEL JD. FORD,ES4),UIRE ATTORNEY AT LAW 72 MA N1 STREET;P.O. BOX 665 WEST HARWICH,MA 026'1 PHON C.(508)430-190()FA.X(508)430-5662 FMA1L.: mdfesy(EDcapecod.net DATE: .iTELECOMMUNICATJON INFORMATION SHEET PLEASE DELIVER THE FOLLOWING PAGE(S)TO: Recipient's Name Company Telephone Number Telefax Number THIS MATERIAL IS FROM: Michael D. Ford Es wire Sender's Nance (SOg)430-1900 Telephone Number 508) 430-86 2 Telefax Number TOTAL PAGES (NOT INCLUDING COVER). IF YOU DO NOT RECEIVE ALL THE PAGES'S PLEASE CALL SENDER'S TELEPHONE NUMBER AS SOON AS POSSIBLE, REIvtkR.KS: ' iNOTICE OF CONTIOCNTIAI ITY� TRAXEM1TTALTWNOIAL�RENTBNDeO RECIP¢NTN IAW 'ORTltf EMPLOYEE OR TMtl AGENT RSpON38LEFORDILIVSKINO�TOTH E INTENOEO RECIIONT.YVU ARE NERES I NOY)FIEO THAT ANY 018SEMITVATION. DIETRIDUTION OAC0 YINOORTMI$COMAIUNIG�T10N 158TFUCdLY P.ROMMITED.IFY0014AVE RECEtV6VTNI$COMMVNICATIVNIN ERROR.oLga$Et�?IFY U9lMMCDIATElY DY ffiLOPNONE TD ARMNOtl FOR)N$3RUCTION5 AND AVYICE. ��,,pe D tY. I°ti. 1"D��.:....... N�•t.,71 .D...}. .3 1.J ILl!_i DOC Q00,931_05.23--2ODO 1201 11 M BRRNSTRBLE 18NQ COURT REGISTRY Town of Barnstable Zoning Board of Apaals ps? 11 ?: :?4 Decision and Notice Egan-Appeal Number 2000.27 Special Permit-Section 4-1.2(1)-Accessory Uses. Summary: Granted with Conditions. Petitioner. John.R.and Pamela C. Egan Property Address: 37 end 59 Bluff Point Drive,Cotuit,MA Assessor's Map/Parcel: Mnp:W4,Parcels 063 and 054 �J Zoning:.,' RF Residential F Zoning'Diatrict . .Groundwater Overlay: AP Aquifer Protection District Background: :'::`The.Special-Permit request Is•being made by a.John R. and Pamela C_'Egah, who.own a residence•at 28 :.Bluff Point-®rive. The:patitloncrs-are:seeking tb Gtilize two[cite,addressed-as 37 8,:58 Bluff Point Drive, '.,and located-across tha.roadway from their residence for accessory uses to the home.The lots�are.to be ,i used for putting greens and two.accessory buildings of a small water.and irrigation building and'a pump house.' The applicants proposed.use of the lots requires a Special Permit in accordance.with Section 4-1.20). That Section reads as follows: "44.2 Special Permit Required/Certain Accessory Uses. "The following accessory uses are permitted provided a special permit is first obtained:from the:Board of � Appeals:. '+~ 01) in residential zonin®districts,accessory uses and structures on a lot adjoining or:irninediately. Cr K opposite and across'a road from the lot on which the principal use It serves is located; provided that both'::'.". lots are retained in identical ownership with respect to.both fee and non-fee interests:(as Amended ay: Town Courrp7 in item#9t3-OJ4 on Nov. 2, 1995)" Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January 27,2000. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters In accordance with MGL Chapter 40A. The hearing was opened March 29,2000,at ' .0 which time the Board granted the requested relief. s _ Hearing Summary: Board Members hearing this appeal were Gene Burman,Gail Nightingale, Ron•Jansson, Richard Boy, 9 and Chairman Emmett Glynn. Attorney Michael Ford represented the applicants, John R.and Pamela C. o Egan. John I_gan was present.'.,A memorandum was previously submitted to the file by Attomey Ford. The applicants own four lots, Two lots'consist of their single Mmlly home and garage. This proposal is to permit two putting.greens cn,.t1}e.v±her.-tNo lots to be used In conjunction with their single.famil...hame....NQ. . accessory structures are planned. There are already two small structures(an irrigation building and a AJ pump house)on site. 0 it 2 �. �/ L/ Town of Barnstable Zoning Board of Appeal§ .i Decision and Notice Egan -Appeal Number 2000-27 Special Permit•-Section 4-1.2(1)-Accessory Uses Summary: Granted with Conditions Petitioner: John R. and Pam©la G. Egan Property Address: 37 and 59 Bluff Point Drive,Cotuit, MA Assessor's MaplParcel, Map 034,Parcels 063 and 064 Zoning: R.F Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Background; The Special Permlt request is being made by a Joan R. and Pamela C. Egan: who own a residence at 28 Bluff Point Drive. The petitioners are seeking to utilize two lots, addressed as 37&59 Bluff Point Drive, and located across the roadway from their residence for accessory uses to the home. The lots are to be used for putting greens and two accessory buildings of a small water and irrigation building and a pump house. The applicants proposed use of the lots requires a Special Permit in accordance wish Section 4-1.2(1), That Section reads as follows: 114-1.2 Special Permit Required/Certain Accessory Uses "The following accessory uses are permitted provided a special permit is first obtained from the Board of Appeals: 1) In residential zoning districts, accessory uses and structures on a lot adjoining or immediately opposite and across a road from the lot on which the principal use it serves is located, provided that both lots are retained in identical.ownership with respect to both fee and non-fee interests. (as Amended by Town Council in item#96-014 on Nov. 2, 1995)" Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January 27, 2000, A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 29, 2000, at which time the Board granted the requested relief. Hearing Summary: Board Members hearing this appeal were Gene Burman, Gail Nightingale, Ron Jansson, Richard Boy, and Chairman Emmett Glynn, Attorney Michael Ford represented the applicants, John R. and Pamela C. Egan. John Egan was present. A memorandum was previously submitted to the file by Attorney Ford. The applicants own four lots. Two lots consist of their single family home and garage. This proposal is to permit two putting greens on the other two lots to be used in conjunction with their single family home. No accessory structures are planned. There are already two small structures (an irrigation building and a pump house) on site. Town of Barnstable-Zoning Board of Appeals-Decision and Notice Egan-Appeal Number 2000-27 Special Permit-Section 4-1.2(1)-Accessory Uses Attorney Ford reported that the lots in issue are in different title ownership. Section 4-1.2 of the Zoning Ordinance states that the accessory uses and structures must be retained in identical ownership with respect to both fee and non-fee interests. The applicant's are the beneficiaries of the trusts and they own or control all the lots. However, if the Board requires, the applicants will create one trust and put all the parcels together under that trust. Both of the lots in question are separate buildable lots, but the Petitioners have elected not to proceed at this time with building. They are seeking a more passive use of the land (putting greens)and as such, the relief may be granted without substantial detriment to the public goad or the neighborhood affected. At the present time, no other use is intended for these lots. Attorney Ford indicated that as long as the rights granted under this Special Permit are exercised, there will be no other use on these lots. Public Comment: No one spoke in favor or in opposition to this appeal. Findings of Fact: At the hearing of March 29, 2000, the Board unanimously found the following findings of fact as related to Appeal No. 2000-27'. 1. The petitioners. John R. and Pamela C. Egan, are seeking a Special Permit to Section 4-1.2(1) Accessory Uses. The property address is 37 and 59 Bluff Point Drive, Cotuit, MA, as shown on Assessor's Map 034, Parcel 053 and Parcel 064. The property is issue is located in a RF Residential F Zoning District. 2. The Petitioners currently own a single family dwelling across the street at 28 Bluff Point Drive, by virtue of a Trust, for which they are the Trustees. 3. The Petitioners are seeking to utilize the two lots across the street(37 and 59 Bluff Point Drive) as accessory uses to allow for two putting greens-one on each of the lots -along with two accessory buildings. These two lots (Parcels 063 and 064) are buildable lots. 4. Parcel 63-37 Bluff Point Drive is owned by Pamela Egan. Parcel 64. 59 Bluff Point Drive is owned by John R. Egan. 5. The Petitioner has indicated an interest to combine the ownership, so that will not be an issue under the Zoning Ordinance. 6. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. i Decision: Based on the findings of fact, a motion was duly made and seconded to grant the reiief being sought in Appeal No. 2000-27, subject to the following terms and conditions: 1. All three lots(the primary house lot and the two accessory lots)will be in the same record ownership - common ownership. 2. The accessory lots are to be developed and used as presenting in a plan tilted"Landscape Improvements Accessory To Residence of John Egan, 28 Bluff Point Drive, Cotuit, MA"and dated November 15, 1999. The Vote was as follows: AYE: Gene Burman, Gail Nightingale, Ron Jansson, Richard Boy, and Chairman Emmett Glynn NAY: None 2 Town of Bernstable-zoning Board of Appeals-Decision and Notice Egan-Appeal Number 20OD-27 Spoclel Peimit-Section 4-1.2(1)-Accessory Uses Order: Special Permit Number 2000-27 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town cf Barnstable, Barnstable Cob,nty, Massachusetts, hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this ! T Oay of lh. r-�2.', under tho pairs and penalties of perjury. _ f J � t' Linda Hutch enrider, Town Clerk 3 n r FILE COPY ONLY! NOT RECORDED AT �.►�► REGISTRY OF DEEDS HASIL 6"39. Town of Barnstable Zoning.Board F.als Decision and otce Conlin -Appeal Number 2000-26 Variance to Section 3-1.4(5)Bulk Regulations -Minimum Lot Size Summary: Granted with Conditions Applicant: James M. Conlin Property Address: 27 and 59 Bob White Run,Cotuit,MA Assessor's Map/Parcel: Map 024, Parcels 052 and 053 Area: Parcel 052-0.72 acres, Parcel 053-0.73 acre Zoning: RF Residential F Zoning District Groundwater Overlay: GP Groundwater Protection District Background: On August 23, 1978, under Appeal No. 1978-57, the Zoning Board of Appeals granted a variance from the minimum lot size requirement to allow these two lots to be considered as two buildable lots. However, this variance was never exercised within the required one year time4rame. Today, the applicant, James M. Conlin, is seeking a Variance to Section 3-1.4(5) Bulk Regulations-Minimum Lot Size to re-establish the two lots a separate buildable lots under zoning. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on February 14, 2000. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 29, 2000, at which time the Board granted the requested relief. Hearing Summary: Board Members hearing this appeal were Gene Burman, Gail Nightingale, Ron Jansson, Richard Boy, and Chairman Emmett Glynn. Attorney Theodore A. Schilling represented the applicant, James M. Conlin, who was present. A memorandum was previously submitted to the file by Attorney Schilling. Attorney Schilling indicated that this property was granted a Variance in 1978 based on a similar site plan and the variance conditions have not changed since that time. The topography has not changed. Public Comment: Dennis Valente, an abutter, submitted photographs to the file which show a step slope with wetlands in the back of the lot in issue. He is in opposition to this appeal. Patrick Brown was concerned about the wetlands. No one else spoke in favor or in opposition to this appeal. For clarification: The Board told the abutters that even if this Variance is granted for bulk regulations, the applicant must still comply with Board of Health and Conservation Regulations. Attorney Schilling reviewed the appeal before the Board. He explained that in 1978, under Appeal Number 1978-57, the Zoning Board of Appeals granted a variance from the minimum lot size requirement to allow these two lots to be considered as two buildable lots. However, that variance was not exercised within the required time-frame. The applicant is before the Board again seeking a variance for two lots of the same exact square footage but in a slightly different configuration. The center line between the two Town of Barnstable-Zoning Board of Appeals-Decision and Notice Conlin-Appeal Number 2000-26 Variance to Section 3-1.4(5)Bulk Regulations-Minimum Lot Size lots has been changed to be more compatible with the development of the lot. The same Variance Conditions exist now as existed in 1978. The houses that will be built on these two lots will be controlled and regulated by the Board of Health and the Conservation Commission. As to Variance Conditions pursuant to MGL Chapter 40A, Section 10, there is a hardship in that the Petitioner, James M. Conlin, suffered a heart attack and had by-pass surgery. There are topographical conditions unique to the lots which create a hole located between the two lots, leading to the rear of the lot. To require the Petitioner to conform to a different lot size than other lots in the neighborhood, would impose a hardship upon the Petitioner. Because many of the lots in this area are similar in size and the prior granting of the variance under the same conditions, the granting of the relief would not be in derogation of the spirit and intent of the Zoning Ordinance and would not cause substantial detriment to the neighborhood. Findings of Fact: At the hearing of March 29, 2000, the Board found the following findings of fact as related to Appeal No. 2000-26: 1. The applicant, James M. Conlin, is seeking a Variance to Section 3-1.4(5) Bulk Regulations- Minimum Lot Size. The Property Address is 27 and 59 Bob White Run, Cotuit, MA as shown on Assessor's Map 024, Parcels 052 and 053. The area of Parcel 052 is 0.72 acres, and the area of Parcel 053 is 0.73 acre. The property is located in the RF Residential F Zoning District and the WP Wellhead Protection Overlay District. 2. On August 23, 1978, under Appeal No. 1978-57, the Zoning Board of Appeals granted a variance from the minimum lot size requirement to allow these two lots to.be considered as two buildable lots. However, this variance was never exercised within the required one year time-frame. In granting the variance the Board found that each lot contained approximately 31,500 sq. ft. 3. The reconfiguration of the two lots as shown.on the proposed subdivision plan does not adversely affect or change the original granted variance and the conditions found owing thereto. 4. The topographical conditions unique to the lots are shown on Town of Barnstable's topography plan effectively creating a hole located between the two lots, leading to the rear of the lot. 5. To require the Petitioner to conform to a different lot size than in the neighborhood of this development, would impose a hardship upon the Petitioner. 6. Because many of the lots in this area are similar in size and the prior granting of the variance under the same conditions, the granting of the relief would not be in derogation of the spirit and intent of the Zoning Ordinance and would not cause substantial detriment to the neighborhood. The Vote was as follows: AYE: Gene Burman, Gail Nightingale, Richard Boy, and Chairman Emmett Glynn NAY: Ron Jansson I Decision: Based on the findings of fact, a motion was duly made and seconded to grant the relief being sought in Appeal No. 2000-26, subject to the following terms and conditions: 1. The lots are to be created as presented to the Board in a plan titled " Plan of Land Bob White Run Cotuit, MA" dated January 14, 2000 drawn by Norman Grossman, RPLS. 2. The Approval Not Required (ANR) Plan that is to be submitted to the Planning Board, shall reference this Decision. The ANR plan and Variance are to be recorded together. 3. The development of the lots shall conform to all Health Department regulations without Variances for the Board of Health. 4. The conditions imposed during the creation of the drainage easement on this site shall not be changed without further approval from the proper authorities. 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Conlin-Appeal Number 2000-26 Variance to Section 3-1.4(5)Bulk Regulations-Minimum Lot Size The Vote was as follows: AYE: Gene Burman, Gail Nightingale, Richard Boy, and Chairman Emmett Glynn NAY: Ron Jansson Mr. Jansson stated he voted in the negative as he felt the variance conditions cited do not relate to the nature of the relief being sought. Order: - Variance Number 2000-26 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL.Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify thattwenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of . -o under the pains and penalties of perjury. r r Linda Hutchenrider, Town Clerk 3 s. Re1No mapper ownerl owner2 addr city state zip s 26 ' 010 010 005 DEDECKO, MARK A P 0 BOX 367 CENTERVILLE MA 02632 ' O10 O11 BARRY, LORRAINE 7 CURLEW WAY COTUIT MA 02635 ✓ e 010 015 VERANI, MARY BETH & MCCARTHY, KENNETH C 117 SANDALWOOD DR COTUIT MA 02635 v ® 010 016 PADERBORN DEV COMPANY INC P 0 BOX 1645 COTUIT MA 02635 i 010 017 PIANTES, SPERO H& JOANNA C P 0 BOX 8 COTUIT MA 02635 v 010 025 LANGEVIN, LORRAINE %BARRY, LORRAINE BOX 639 OAK BLUFFS MA 02557 6t 010 026 ANDREADIS, COSTA D 23 CURLEW WAY COTUIT MA 02635 ✓ 010 027 WALDER, JAMES L 6 BOB WHITE RUN COTUIT MA 02635 ✓ IS O10 028 SIKORA, RONALD W 40 BOB WHITE RUN COTUIT MA 02635 ✓ g 024 003 MICELI, ROBERT J & JANE K 38 SANDALWOOD DRIVE COTUIT MA 02635 V 0 024 005 FRASER, DEAN C & CATHY A 71 TARRAGON CIR COTUIT MA 02635 ✓ 4 024 006 HAYWARD, HARRIET P BAKER BAKER, FO,RW,RM,PB,DF,LH,CD 4544 FALMOUTH RD COTUIT MA 02635 ✓ a 024 012 DONNELLY, WALTER J & SYLVIA U 101 CURLEW WAY COTUIT MA 02635 rr 024 045 WELLS, RAYMOND L & SHIRLEY 41 CURLEW WAY P.O. BOX 1425 COTUIT MA 02635 40 024 046 BAFARO, JOHN.J & MAUREEN F PO BOX 1351 COTUIT MA 02635 ✓ aE 024 047 HIGGINS, RAYMOND L & MARY E 73 CURLEW WAY / SANTUIT MA 02635 1b 024 049 SMALL, MARK W 117 OLD TOWN ROAD HYANNIS MA 02601 '� ® 024 050 VALENTE, DENNIS B & JANICE C/O PLYMOUTH MORTGAGE CO PO BOX 1007 BOSTON MA 02205 ✓ 024 051 NEWCOMB, F TYLER & BARNABY, ELLEN JANE P 0 BOX 291 COTUIT MA 02635 024 052 CONLIN, JAMES M'& GERTRUDE 47' ALDRICH ST ROSLINDALE MA 02131 ✓ 9B 024 053 CONLIN, JAMES M & GERTRUDE 47 ALDRICH ST ROSLINDALE MA 02131 ✓ 4 024 054' FULLER, STEVEN & DONNA, TRS BOWMAN-FILLER TRUST 39 BARON RD FRANKLIN MA 02038 ✓ 024 055 BROWN, 'PATRICK J & VICTORIA PO BOX 97 COTUIT MA 02635 `� s 024 056 BLAKE, HUGH G & ALTA M P 0 BOX 2072 COTUIT MA 02635 3 PMdgf w oaf x SCUMO or. norm cw Pun= FM t �.� " CwXw = UAF= loan V twisted w or affected by the Board of Appeals under See. 11 of Chapter 40A d tine General Lairs of the C mmonweekh of MwSednmettL and an amendments #Hereto you are hereby notified that::30 PM Childs Appeal Pkarnbe<2000 24 7 pads has applied to the ZonbV Board of Appeals for a ModificDt°n of an e�etM+g VarW"pursuant to MM Chapter 40A.Section 14 to allow four Offil IS electrical QcwUIP OnS Of howl ��dWwAd* Mrep 8cWswvkmtoreplacespermitted sales room and retail bookstom. The property is shown an Assessor's Map 50.Pmed or t and is cweonly addressed as 1047 Falmouth Road/Route 28.Hy�s• in an M Residential RP 1 Zoning District. Nwdw 2000 25 F trarncia L Skalelay Aovlrq Cars Assisted�has wpmd to the Zoning Board d Appeals fora,Use Variance to Section 3.1.30)Principle PeMMOd Uses to provide an ssstaesd fAAng home for the elderty for not more than dose(3)persons. to appocant is lensed by the Commionweeldn's Executive Office of Elderly Affairs. The property IS sham on Assessor's Map 190.Parcel 194 and is corrowniy addressed as 94 Monomoy Circle.Centervfbe.MA in an RC Rssldwdid C Zoning District &30 PM Conlin Appeal Nurriher 2000.26 James M.Coniirn has epOW to the Zoning Board of Appeals ftw a Variance to 3-Section for two(3- 1.4(5)SuW Regulations. The Variance is requested from the amrequbenmu undersized lots. The properly is shown on Assessor's Map 024.Parcels 052 and 053 and e«►rn+. addressed as 27 and 59 Bob White Run.Cotu4.MA in an RF Residential F Zo" District Appeal Number 2000.27 8 John R.and Pen eW C,Egan have petitioned to the Zoning Board of Appeals for a Special Permit pumma to Section 4-1.2(1)Special Permit Requhed/Certaln Armory Uses far two(2)putWV greens and two(2)accessory buildings(s erneii water and krtgatton bust " and a pump house)to be krceted an lots i rnealately across the road from the pw+cipal use. The property is shown on Assessor's Map OX Pamela 063 sad 064 and eoowa* addressed as 37 BIA Point Drive and 59 Btuff Point Dnvs,C:lhd.MA in an RF Residential F Za"District. These Public I IM&Vs will be held in the Hearrp Roorn:Secom Floor,Town HdL 367 Main Stream,Hyarrrs,Masssdwsetts on Wednesday.March 29.2000. "OS"ardapplicationS may be reviewed at the Zor ing Board of Appeals Office. Town of Barnstable. Pia O*v Department.230'South Sheet.Hyannis.MA Enrnett G".C:heimrsn" Zoning Board of Appeels The Barnstable Patriot Marti,9 b March 16.2000 FILE COPY ONLY. NOT RECORDED AT REGISTRY OF DEEDS Town of Barnstable Zoning Board of Appeals •pp Decision and Notice Egan -APeeal Number 2000-27 Special Permit-Section 4-1.2(1)-Accessory Uses Summary: Granted with Conditions Petitioner: John R. and Pamela C. Egan Property Address: 37 and 59 Bluff Point Drive, Cotuit, MA Assessor's Map/Parcel: Map 034, Parcels 063 and 064 Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The Special Permit request is being made by a.John R. and Pamela C. Egan, who own a residence at 28 Bluff Point Drive. The petitioners are seeking to utilize two lots, addressed as 37&59 Bluff Point Drive, and located across the roadway from their residence for accessory uses to the home. The lots are to be used for putting greens and two accessory buildings of a small water and irrigation building and a pump house. The applicants proposed use of the lots requires a Special Permit in accordance with Section 4-1.2(1). That Section reads as follows: 114-1.2 Special Permit Required/Certain Accessory Uses . "The following accessory uses are permitted provided a special permit is first obtained from the Board of Appeals: "1) In residential zoning districts, accessory uses and structures on a lot adjoining or immediately opposite and across a road from the lot on which the principal use it serves is located;provided that both lots are retained in identical ownership with respect to both fee and non-fee interests. (as Amended by Town Council in item#96-014 on-Nov. 2, 1995)" Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January 27, 2000. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened March 29, 2000, at which time the Board granted the requested relief. Hearing Summary: Board Members hearing this appeal were Gene Burman, Gail Nightingale, Ron Jansson, Richard Boy, and Chairman Emmett Glynn. Attomey Michael Ford represented the applicants, John R. and Pamela C. Egan. John Egan was present. A memorandum was previously submitted to the file by Attorney Ford. The applicants own four lots. Two lots consist of their single family home and garage. This proposal is to permit.two putting greens on the other two lots to be used in conjunction with their single family home. No accessory structures are planned. There are already two small structures (an irrigation building and a pump house) on site. I Towrl of Barnstable-Zoning Board of Appeals-Decision and Notice Egan-Appeal Number 2000-27 Special Permit-Section 4-1.2(1)-Accessory Uses Attorney Ford reported that the lots in issue are in different title ownership. Section 4-1.2 of the Zoning Ordinance states that the accessory uses and structures must be retained in identical ownership with respect to both fee and non-fee interests. The applicant's are the beneficiaries of the trusts and they own or control all the lots. However, if the Board requires, the applicants will create one trust and put all the parcels together under that trust. Both of the lots in question are separate buildable lots, but the Petitioners have elected not to proceed at this time with building. They are seeking a more passive use of the land (putting greens) and as such, the relief may be granted without substantial detriment to the public good or the neighborhood affected. At the present time, no other use is intended for these lots. Attorney Ford indicated that as long as the rights granted under this Special Permit are exercised, there will be no other use on these lots. Public Comment: No one spoke in favor or in opposition to this appeal. Findings of Fact: At the hearing of March 29, 2000, the Board unanimously found the following findings of fact as related to Appeal No. 2000-27: 1. The petitioners, John R. and Pamela C. Egan, are seeking a Special Permit to Section 4-1.2(1) Accessory Uses. The property address is 37 and 59 Bluff Point Drive, Cotuit, MA, as shown on Assessor's Map 034, Parcel 063 and Parcel 064. The property is issue is located in a RF Residential F Zoning District. 2. The Petitioners currently own a single family dwelling across the street at 28 Bluff Point Drive, by virtue of a Trust, for which they are the Trustees. 3. The Petitioners are seeking to utilize the two lots across the street(37 and 59 Bluff Point Drive) as accessory uses to allow for two putting greens-one on each of the lots-along with two accessory buildings. These two lots (Parcels 063 and 064) are buildable lots. 4. Parcel 63-37 Bluff Point Drive is owned by Pamela Egan. Parcel 64- 59 Bluff Point Drive is owned by John R. Egan. 5. The Petitioner has indicated an interest to combine the ownership, so that will not be an issue under the Zoning Ordinance. 6. The relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the relief being sought in Appeal No. 2000-27, subject to the following terms and conditions: 1. All three lots (the primary house lot and the two accessory lots)will be in the same record ownership- common ownership. 2. The accessory lots are to be developed and used as presenting in a plan tilted "Landscape Improvements Accessory To Residence of John Egan, 28 Bluff Point Drive, Cotuit, MA" and dated November 15, 1999. The Vote was as follows: AYE: Gene Burman, Gail Nightingale, Ron Jansson, Richard Boy, and Chairman Emmett Glynn NAY: None 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Egan-Appeal Number 2000-27 Special Permit-Section 4-1.2(1)-Accessory Uses Order: Special Permit Number 2000-27 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. . Signed and sealed this day of o 0 o under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 3 RefNo 'mappar ownerl owner2 addr city state zip 27 034 009 GRIMM, ELIZABETH 0 14 SAWYER RD WELLESLEY MA 02482 034 010 MELLORS, ROBERT C JR & MELLORS, ELIZABETH LIND 733 MAIN STREET HINGHAM MA 020.43 034 O11 BAILY-GATES, LAURIE C P 0 BOX 535 COTUIT MA 02635 034 014 EDGAR, ALICE E TR P 0 BOX 372 COTUIT MA 02635 034 015 SIMPSON, WILLIAM H & JUDITH A 2532 HEPPLEWHITE DR YORK PA 17404 034 040 KNISS, RICHARD &ELIZABETH H TR KNISS FAMILY 96 RLTY TRUST 1985 COWPER ST PALO ALTO CA 94301 034 041 HAYDEN, R F JR E A KNISS C/O UYENOYAMA 19 OCEAN VIEW AVE COTUIT MA 02635 034 044 CONNOR, MARY OBOYLE TR MOC QUAL PERS RESID TRUST 11854 TURTLE BEACH RD NO PALM BEACH FL 33408 034 045 CRAWFORD, KATHLEEN S 5000 STANDSBURY DR SOLON OH 44139 034 045 001 WOODS HOLE OCEANOGRAPHIC INST' CHALLENGE DRIVE WOODS HOLE MA 02543 034 052 HANEY, WILLIAM & GILSON, ANNE P 0 BOX 406 WAYLAND MA 01778 034 053 001 GARGIULO, BARBARA D 217 WOBURN ST READING MA 01867 034 053 002 MARTIN, WAYNE L & BARBARA J %WATERFIELD MORTG/TAX DEPT 7500 W JEFFERSON BLVD FORT WAYNE IN 46804 034 054 SKOWRONSKI, HELEN E 955 S SPRINGFIELD AVE #1702 PARK PL SPRINGFIELD NJ 07081 034 055 SKOWRONSKI, HELEN E 955 S SPRINGFIELD AVE #1702 PARK PL SPRINGFIELD NJ 07081 034 056 WILGUS, CAROL L 30 OCEANVIEW AVE COTUIT MA 02635 034 057 KNISS, RICHARD & ELIZABETH TR KNISS FAMILY 96 RLTY TRUST 1985 COWPER ST PALO ALTO. CA 94301 034 059 EDGAR, ALICE E TR PO BOX 372 COTUIT MA 02635 034 063 EGAN, JOHN R 22 OLD FARM RD HOPKINTON MA 01748 034 064 EGAN, PAMELA C 22 OLD FARM RD HOPKINTON MA 01748 034 065 BIXBY, BRIAN D TRS %SULLIVAN, WILLIAM H & MARY 202 ORANGE TREE DRIVE LAKE WORTH FL 21185 034 066' SULLIVAN, MARY MALONE BOX 646 COTUIT MA 02635 034 067 BIXBY, BRIAN, TRUSTEE %SULLIVAN, WILLIAM H & MARY 202 ORANGE TREE DRIVE LAKE WORTH FL 33462 034 071 ANDERSON, ARTHUR W & ANDERSON, PATRICIA A 105 LARCHMONT RD MELROSE MA 02176 034 072 FRANCHI, ANTHONY A & FRANCHI, CONSTANCE 2 WOODRIDGE RD WESTON MA 02193 034 073 FRANCHI, ANTHONY A TR & FRANCHI, CONSTANCE TR 2 WOODRIDGE RD WESTON MA 02193 034 074 FRANCHI, ANTHONY A TR & FRANCHI, CONSTANCE TR 2 WOODRIDGE RD WESTON MA 02193 034 075 EGAN, JOHN R& PAMELA C TR COTUIT REALTY TRUST 22 OLD FARM RD HOPKINTON MA 01748 034 076 EGAN, PAMELA C TRUSTEE PAMELA C EGAN REALTY TRUST 22 OLD FARM RD HOPKINTON MA 01748 034 077 HAYDEN, f( F JR KNISS, E A P 0 BOX 496 COTU.IT MA 02635 Count= 117 4 •. P f of PubNOT" r fOfCoraw"M Tti aN p�sorte rx sal Mr.•or affected by the Boa!;of Appeals under Sec.,1 of Chapter 40A of the General Law*of tits Commionwealtr of k4assechuseft and all arnandmenta therato You am f►embY ratified that Appeal Number 2000-.24 7Asr*Childa has applied to the Zoning Board of Appeals for a Modification of an existing Variance pursuen+t to MOO ampler 40A.Section 14 to allow four eler�tOcspace*one of y�y,o��de�prsctic servicesto replace spemdted sates morn and rated bookst+ore• The pWerty a dwwn on Assessor's Map 50.�PWIW 0 1 and is conrnonly addressed as 1047 Falmouth Roed/Route 28,Hyannis. an M Residar2A MI Zoning District Appeal Number 2000.28 8:15 PM Sixelslxy Liv Cara Assisted hO has aPPBed to the Zoning Boas cif Appeals Frenxae L Simisiay(LtrAn9 sided fora lfse Variance to Section 3.1.3(1)Principe Pennitted!lees to provide home for the elderly for not more than three.(3)persons. The applicant islicensedbythe Comrnonwsehh's Executive Office of Elderly Affairs. The property to shown on Assessor's Map 190.Parcel 194 and is conrnonly addressed as 94 Monomvy Circle.CenterAle.MA in an RC Rsaldentlel C Zonwo District. Number 2000.26 jem sM Conlinlito the Zoning Board of Appeals for a Varimce to Section 3• Janes Bulk Cagu has s. The from the Brea regArernents for two(2) t.4(5)BtNc Regutetlona. The Variance ar requested undersized Iota. The property is el wwn on Assessor's Map 024.Parcels 052 and Obi and oonurn v iy addressed as 27 and 59 Bob W C.hite Run. ottat.MAInanFIFPasWwdWFzonwv District. Appeal Number 2OM27 John Phl Egan to the Zoning Board of Appeals for a Special JohnR.end Panrrela C.Egan have petitioned _ permit pu rwa t to Section 4.1.20U Special Permit W� a� Accessory Was for two a p putting groans and two d O accessorymn waxes the road from the prtrudpal use. and apump hausaJ to be located on lots grrrrediately The property is O own on Assessor's Map 034. parcels 063 and 064 NO con XR* addressed as 37 Ba<uff Point Drive and 89 Bluff Point Dries,Cotua.MA in an RF Restdentlei F Zoning District. Thane Public Hearings vA be held in the Hearing Room:Second Roar.Town!tail.367 Main Street.Hyauus,k4assadasetts on Wednesday.March 29.2000. AD plans and 4pPkGtIWW may be reviewed at the Zoning Board of Appeals Office.Town of Bernet". Planning Department.230 South Street.Hywwris.MA Erranatt Glynn.Chairmen Zoning Board of Appeals The Bamst"P,etriot Mauch 9 8 March 16.20DO