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Home My WebLink About0023 CHERRY TREE ROAD a 3 C�,� I ee �'c�, �^ -- - -------- _- -----_ .,-n,-.-_ ,..-...-.. ,r..r�-�... r ��..... ... .. ...-. ..ti..,.. .. T ��.�. ti�,� �i� . / � 3 � R J � .:, 0 y �y ' •� � ., r. 1 TOWN (�p{.,��r4T i":i r ERK opF IIA C'Ae TOWN OF BARNSTABLE •89 MAY -4 P 3 :49 ZONING BOARD OF APPEALS VARIANCE DECISION AND NOTICE PETITION NO. 1989-23 PETITIONERS: JOHN MC BARRON AND TANYA DAWSON At a regularly scheduled hearing of the Zoning Board of Appeals, held on April 6, 1989, notice of which was published in the Barnstable Patriot and notice of which was forwarded to all interested parties pursuant to Chapter 40A of the General Laws of the Commonwealth of Massachusetts, the Petitioners, John McBarron and Tanya Dawson, requested a variance from Section 3- 1 .4 (5) Bulk Regulations of the Town of Barnstable Zoning Bylaw on the property located on Assessor's Map -18,- Lot 22; ?Cherry Tree Road, Cotuit, MA7 i n an RF zoning district. ---'�' In support of this petition, the petitioners presented evidence that the following conditions applied which would warrant the grant of a variance: The petitioners are seeking to construct a single-family residential dwelling on lot 22 containing . 18 acre which will be require a variance from the bulk regulations. Lot 22 does not qualify for exemption pursuant to Chapter 40A Section 6 because it is in the same ownership as lot . 18 which abuts it to the rear. . The topography especially affects lot 22 because it is extensively sloped to the rear. Lot 22 meets all of the requirements for building including the perc test with the exception of area requirements. If the petitioners are not allowed to build upon this lot it will create a substantial financial hardship. Most of the other lots in the area have already been built upon.. A. FINDINGS OF FACT Based on the evidence submitted, the Zoninig Board of Appeals made the following findings of fact: The lot is deeply sloped to the rear, a condition which does not affect generally other lots in the zoning district. A literal enforcement of the bylaw would involve substantial financial hardship to any petitioner wishing to make use of this lot. Most of the similarly sized lots in this area are built upon and the grant of a variance allowing the petitioners to build one single-family dwelling upon the premises may be granted without substantial detriment to the public good and without nullifying or substantially derogating from. the intent or purpose of the Bylaw. Based upon the above findings, the Zoning Board of Appeals, at a meeting held on April 20, 1989, voted to grant the Variance being sought. The vote was as follows: AYES: JANSSON, LALLY, BOY WIRTANEN NAYES: NONE Any person aggrieved by this decision may appeal to the Barnstable Superior Court, as prescribed in Section 17 of Chapter 40A of the General Laws of Massachusetts by filing a Complaint in said Court as well as a notice of action with theBarnstable Town Clerk, within twenty (20) days of the i filing of this decision with the Barnstable Town- Dlerk's Office. i Q T Chairman I , Clerk. of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and sealed this day of 19 under the pains and penalties of perjury. Town Clerk DISTRIBUTION Town Clerk Property Owner Applicant Persons Interested Building Commissioner Public Information Board of Appeals TOWN. OF BARNSTABLE Board of Appeals ............................................................................................................................. Petitioner Appeal No. ....................................................................... .............................................................................. 19 FACTS and Decition Petitioner ................................................................................................................................. filed petition on 195 requesting a variance-perWD17,Xor premises at ...Waw......................................................... in the village ................................ q0tutt zaroy D01100 off; CLIO 0 ........ ....................;..................................... , adjoining premises of.......................................................................................................................;...................... .............................................................................................................................................................................................................................................................................;................ for the purpose of are'a.t-111F go,4 4-ottu an a lot with 10,46 www" tho V4,14 ............................................................................................................................................................................................................................ trorltago#- .................................................................................................................................................................................:..........................................!................................................................. Locusis presently zoned in ...............................................................:............................................................................................................................... .............................................................................................................................................................................................................................................................................................. Notice of this hearing eras given by mail, postage prepaid, to all persons deemed affected and by publishing in Cape Cod Standard Times, a daily newspaper published in Town of Barnstable a copy of -%vIiieli is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town tP.M. ................................................................................... Office Building, Hyannis, Mass., at ..........................................AM 19 upon said petition under zoning by-laws. Present at the hearing were the following members: .................................................................................... .................................................................................... .................................................................................... Chairman .............................................. ... .................................................................................... ......................................................................I.. At the conclusion of:the 'hearing, ;the Board took said petition under ;advisement. A .view of the locus was:had by the Board. -On .... 05 -P.,.. .:.............:: . .....:.............. 19%; -the.Board of Appeals-Joun4; ; �I CMAII '" 'a �e ' g a mma - � ' Via` . 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Yj iJ Y.!♦ 1 lle; i b Ana •fin a. om� 4�x�0 lot ' 'bO alam IS» s ; . 1 no", In atoorAAITIO VAUL 06 I t tear Um 11104_0441wf� MOT I)istiibution:= Board of Appeals Town Cleik Town of Barnstable 'Applicant Persons interested Building'Inspector Public Information By .................... Board'of Appeals Chairman QUIRK AND CHAMBERLAIN, P.C. d '°`c�tto¢nEys an ouns.eZ&z�a:E:�aur�--_ _ z , 99 WILLOW STREET JAMES H.QUIRK,JR. POST OFFICE BOX 40, ROBERT C.CHAMBERLAIN r3'/ "[ 16 .10 BARNSTABLE OFFICE YARMOUTHPORT, MASSACHUSETTS 026 z0040- PAMELA B. MARSH �q POST OFFICE BOX 92 508/362-6262 T THOMAS J. PERRINO J. BARNSTABLE, MA 02630 FACSIMILE 508/362-6060 ANASTASIA WELSH PERRINO 508/362-43 1 4 OF COUNSEL WILLIAM E.CROWELL,JR. December 8, 1997 Chairman, Board of Appeals Town of Barnstable _ Hyannis, MA 02601 RE: APPEAL OF BUILDING INSPECTOR', RALPH CROSSEN'S, DECISION TO GRANT, A BUILDING PERMIT AT 23 CHERRY TREE, .COTUIT, IN THE NAME OF O'BRIEN OUR FILE NO. 902'/8455 Dear Sir or Madam: - This letter constitutes a notice of appeal of the decision of the Building Inspector, Ralph Crossen, to grant a building permit on property which is presently subject to an appeal of the gant of a variance by the Board of Appeals. At the request of Mrs. O'Brien' s attorney, the Building Inspector has re=examined his original rationale for determining that a variance was required and issued a building permit to 27 Cherry- Tree, Cotuit. The letter to the Defendant' s attorney is dated November 6, 1997 . No notice of this action was ever provided to the abutters, John 'Snow and Florence Bacas, the Plaintiffs in the Superior Court action. Since the 30th day would have been on Saturday, their right of appeal should be through today' s date. Mr. Snow and Ms. Bacas, by raising this appeal, do not waive a claim that they were entitled to notice of the Building Inspector' s decision in view of the pending lawsuit. This letter, therefore, constitutes an appeal of the grant by the Building Inspector of the building permit on the O'Brien property. If, as a result of this correspondence you have any questions, please do not hesitate to contact me regarding same. Very truly yours, QUIRK AND CHAMBERLAIN, P.C. I 1$L-�✓ '�'/ �"'� /�, TOWN OF BARNSTABLE James H. Quirk, Jr.., Esq. BUILDING DEPT. JHQ/mre D DEC 8 1991 dFVE The Town of Barnstable • a�uvsres�, - 059. �0� Department of Health Safety and Environmental Services TEo ru't' Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner 1 \ November 6, 1997 Edward W.Kirk Attorney at Law Wianno Place 901 Main Street Osterville,MA 02655-0393 Dear Eddie: I read your letter concerning 27 Cherry Tree Lane in Cotuit and after a long time researching the issue, I believe I have an answer for you. Your situation involves a lot that was commonly owned during the 5-year period after the by-law change in 1973. One of the two lots(not yours)was conveyed out during this five year period and it is your position that yours became"otherwise buildable"by this action. It is also correct that if the same situation were the case after 1976,the new ordinance would allow buildable status for your lot. After review of all the facts,and especially the Horgan case`-and recent Zoning Board actions,I am now of the opinion that 27 Cherry Tree Lane is a buildable lot and entitled to a building permit. I believe the facts are different enough to support this conclusion. The previous variance issued by the ZBA,I believe, is not necessary as the new evidence and supporting documentation supports this new conclusion. Sincerely Ralph Crossen Building Commissioner RC:lb j cc: ZBA Town Attorney g971106a TOWN OF BARNSTABLE BARNSTABLE. ' OFFICE OF TOWN ATTORNEY e 9 peg 367 MAIN STREET orEp � HYANNIS, MASSACHUSETTS 02601-3907 ROBERT D. SMITH, Town Attorney TEL. (508)790-6280 RUTH J. WEIL, Assistant Town Attorney NIGHT LINE-AFTER 4:30 P.M. CLAIRE R. GRIFFEN, Legal Assistant (508)790-6283 EILEEN S. MOLLICA, Legal Clerk November 10, 1997 FAX#(508)775-3344 Ralph Crossen, Building Commissioner Department of Health, Safety and Environmental Services Building Division Town of Barnstable 367 Main Street, New Town Hall Hyannis, MA 02601-3907 Re: 27 Cherry Tree Lane, Cotuit Dear Ralph: Thank you for your "carbon copy" regarding 27 Cherry Lane, Cotuit, MA. As we previously discussed, there are problems with the issuance of a building permit for this lot. Thank you. Sincerely, RDS:cg 00ert D. Smith, Town Attorney Town of Barnstable cc: Zoning Board of Appeals [building127cherrylcrossen 1] . . �; The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner November 6, 1997 Edward W. Kirk Attorney at Law Wianno Place 901 Main Street Osterville,MA 02655-0393 Dear Eddie: I read your letter concerning 27 Cherry Tree Lane in Cotuit and after a long time researching the issue,I believe I have-an answer for you. Your situation involves a lot that was commonly owned during the 5-year period after the by-law change in 1973. One of the two lots(not yours)was conveyed out during this five year period and it is your position that yours became"otherwise buildable"by this action. It is also correct that if the same situation were the case after 1976,the new ordinance would allow buildable status for your lot. After review of all the facts,and especially the Horgan caseeznd recent Zoning Board actions, I am now of the opinion that 27 Cherry Tree Lane is a buildable lot and entitled to a building permit. I believe the facts are different enough to support this conclusion. The previous variance issued by the ZBA,I believe,is not necessary as the new evidence and supporting documentation supports this new conclusion. Sincerely Ralph Crossen Building Commissioner RC:Ib cc: ZBA M Town Attorney O LRD U g971106a N — 71997