HomeMy WebLinkAbout0000 MAIN ST./RTE 6A(W.BARN.) UPC 12543 �
No. 53LOR
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QUERY PROPERTY: QUERY END
QUERY PROPERTY
PENTAMATION----------------------------------------------------------- 10/07/03
PARCEL ID 237 004 GEO ID 14706
LOT/BLOCK DBA
PROPERTY_ ADDRESS OWNER BAYSIDE
r0 MAIN. STREET/RTE 6A ( FUNDING INC
W` BARNSTABLE PO BOX 679
BROOKLINE VLLG MA 02147
PHONE DISTRICT BA
DEVELOPMENT STATUS C ASSESSOR' S CODE
CAPACITY(NOTES)
ZONING DIST/ZOC RF SEWER SYSTEM
FLOOD PLN/ELEV. WATER SYSTEM
OKH? Y # BEDROOMS
ZBA DECISION FAMILY APT
LOT SIZE 65340 OPER/MGR NAME
WET LANDS MULT ADDRESS
USE 132 PROTECT DIST AP
(N)EXT / (P) REVIOUS / NO (T) ES / PER(M) ITS /
• (V) IOLATIONS / (G) EOBASE / (E)XIT
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Memorandum
To: Attorney Robert Smith—Building Com.Thomas Perry
From: Linda Hutchenrider
Date: 10/7/2003
Re: Appeal of Building Commissioner's Sept.4,2003 Decision
Attached hereto is a letter from Paul Revere with a copy of Tom's decision regarding Bayside's
request for determination on Assessors May 237,Parcel 004, and Assessors Map 217,Parcel 030.
According to Mr.Revere the day he clocked this in was the last day he could appeal this. He wanted
the letter to stand as an appeal. However,he told me that the owner has subsequently found a buyer
for.the property who does not want to develop it and the sale is on Friday the 10`h.
So Mr:..Revere,purportedly will bring in a withdrawal of this appeal on Friday after the closing—
but mcasethe closing does not go through he wanted an'appeal on record. Hence I am treating this
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as-14d1h,appeal and am forwarding a copy to both of you. If he brings in an appeal on Friday I will have
my staff_forward the letter to both ou.
Have a good week.... .Lind
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LAW OFFICES OF PAUL REVERE, III
226 River View Lane
Centerville,' Massachusetts 02632
(508) 778-7126
October 6, 2003
Zoning Board of Appeals
Town of.Barnstable
200 Main Street
Hyannis, Massachusetts 02601
Dear;Members of.the Board:
This letter serves as the appeal by Bayside funding of the Building Commissioner's
September 4, 2003, decision on Bayside's request for a determination as to whether
Assessors Map 237, Parcel 004, and Assessors Map 217, Parcel 030 have sufficient
frontage to qualify as buildable lots under Barnstable's Zoning Ordinance. A copy of
the Building Commissioner's decision is attached.
Please feel fibb to contact me at (508)778-7126 if you have any questions regarding
this letter.
Very truly yours,
Paul Revere, III
cc: Bayside Funding
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Town of Barnstable
Regulatory Services
Thomas F.Geiler,Director
Building Division
Tom Perry,Building Commissioner
200 Main Street, Hyannis,MA 02601
`F- 508-862-4038 Fax: 508-790-6230
3 September 4,2003
4 - Paul Revere, Esq.
226 River View Ln.
Centerville,MA 02632
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Re:Assessors Map 237 Parcel 004 and Assessors Map 217 Parcel 030
Dear Atty.Revere:
This letter is in response to the letter you sent with documentation concerning the above lots. In your
opening paragraph of this letter you summarize the purpose is not to request that you make a determination
of adequate access,but rather to determine whether the property meets frontage requirements.
The lots in question still have the same problem as the Taber proposal submitted to the Zoning Board ui
1991,an issue of frontage. The.Board at that time addressed the tracking of the title for the property back
to 1887 as you have also done in your documentation. Even with this documentation the Board, at that
s~' time,did not feel that this was adequate to show grandfathered status because it existed prior to the adoption
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of zoning. The Board,in its 1999 decision,also addressed the easements that you are citing in the
documentation that you provided. At that time, 1991,its findings of fact determined that"The way as
shown on the plan of land submitted does not constitute a way sufficienf for purposes of establishing
frontage as the owners of the land seek to establish it". The plans have not changed since then. In fact it
would appear that this package presented to me has the same plans and records that were already in the ZBA file,so in reality nothing has changed.
}' You state that the Town of Barnstable has issued numerous building permits for properties which have
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frontage on one way but are accessed by an easement. This is true. Some lots have been allowed to gain
access through an easement separate from the frontage,but these lots have the required frontage, The
reasons for an easement are varied and really immaterial to this response.
Z .. I hope that this letter clarifies my position on the standing of these lots. If I can be of any further assistance
please let me know.
Sincerely,
I
<: Thomas Perry
Building Commissioner
ti=: Q:C'ommneice�s:RevrreP030904
Town of Barnstable
Regulatory Services
Thomas F.Geiler,Director
KAM
*� Building Division
Tom Perry,Building Commissioner
200 Main Street, Hyannis,MA 02601
Office: 508=8624038 Fax:. 508-790-6230
September 4,2003
Paul Revere,Esq.
226 River View Ln.
Centerville,MA 02632
Re:Assessors Map 237 Parcel 004 and Assessors Map 217 Parcel 030 -o/We,V 'Sr Dom-.A
Dear Atty.Revere: �jq�� 57--' Mf,61?q
This letter is in response to the letter you sent with documentation concerning the above lots. In your
opening paragraph of this letter you summarize the purpose is not to request that you make a determination
of adequate access,but rather to determine whether the property meets frontage requirements.
The lots in question still have the same problem as the Taber proposal submitted to the Zoning Board in
1991, an issue of frontage. The Board at that time addressed the tracking of the title for the property back
to 1887 as you have also done in your documentation. Even with this documentation the Board, at that
time,did not feel that this was adequate to show grandfathered status because it existed prior to the adoption
of zoning. The Board,in its 1999 decision,also addressed the easements that you are citing in the
documentation that you provided. At that time, 1991,its findings of fact determined that"The way as
shown on the plan of land submitted does not constitute a way sufficient for purposes of establishing
frontage as the owners of the land seek to establish it".-The plans have not changed since then. In fact it
would appear that this package presented to me has the same plans and records that were already in the
ZBA file,so in reality nothing has changed.
You state that the Town of Barnstable has issued numerous building permits for properties which have
frontage on one way but are accessed by an easement. This is true. Some lots have been allowed to gain
access through an easement separate from the frontage,but these lots have the required frontage. The
reasons for an easement are varied and really immaterial to this response.
I hope that this letter clarifies my position on the standing of these lots. If I can be of any further assistance
please let me know.
Sincerely,
Thomas Perry
Building Commissioner "
Q:Conunleam AevereP030904