HomeMy WebLinkAbout0976 MAIN ST./RTE 6A(W.BARN.) o
UPC 12643 '
No.63LOIt
H.asn�aa.ma
J. ALEXANDER WATT
Attorney at Law
P.O. Box 881 Telephone(508) 362-1900
3M7 Main Street Fax(508) 362-7912
Barnstable, MA 02630
July 28, 1999
Mr. Ralph Crossen
Building Commissioner
Town of Barnstable
367 Main Street
Hyannis, MA 02601
Re: Land off Route 6A, W. Barnstable, MA A� /
' p Ig �AAssessor s Ma 179, Parce1001, Lot 002 9 `�� /�'f� i!� Si. i r_
Dear Mr. Crossen:
I-represent the purchaser of the above-referenced lot; . This letter provides you with
information pertaining thereto and thereby seeks your written opinion pursuant to G.L. c. 40A, §7
of whether the lot is buildable.
Facts
The lot in question is shown highlighted in yellow on the plan attached hereto as Exhibit
"A" (hereinafter the "Lot"). The Lot comprises lots 2 and 15 as shown on said plan. Prior to
1983, there was common ownership of lots 1, 2 and 15 and by said plan, lot 1 was subdivided off
of lot 1 with lot 1 retaining a 12' wide easement over the strip shown in red on said plan.
As a condition of this approval-not-required plan, lots 2 and 15 were to become one lot,
with a covenant that building on the Lot be limited to one single dwelling. See Exhibit "B"
attached.
As far as access to the Lot is concerned, at present there is the 12 foot easement to Route
6A and frontage of 102' along Packett Landing Way, a paper way.
The question is thus presented: may a-building permit 'issue for the Lot, without the
necessity-of building Packett Landing Way and allowing access only over the easement from
Route 6A.
Mr. Ralph Crossen
Building Commissioner
July 28, 1999
Page 2
Pursuant to Barnstable Zoning By-Law §3-1.4(5), the Lot requires 150' of "frontage"'
The term "frontage" is not defined in the Barnstable Zoning By-Law. Accordingly, irrespective
of whether Packett Landing Way is built, the Lot would appear to satisfy the frontage require-
ment of§3-1.4(5).
Access to the Lot, of course, is desired over the 12' easement off Route 6A. As a general
proposition, the purpose of frontage under zoning is to ensure that a lot "may be reached by the
fire department, police department, and other agencies charged with the responsibility of
protecting the public peace, safety and welfare." Gifford v. Planning Board of Nantucket, 376
Mass. 801, 808 (1978). It would appear that the 12' easement provides the qualitative access to
the Lot, while the frontage on Packett Landing Way provides the quantitative requirements.
On the foregoing facts, I respectfully request your opinion on whether a building permit
may issue for the Lot. Please provide the same at your earliest opportunity consistent with the
provisions of G!L. 40A, §7.
I
Thank you.
i
Sincerely,
9,-c�,� 1,�V
J. Alexander Watt
JAW/kjr
enc.
cc: Mr. Donald Roberts
For the purposes of your consideration, you should assume that the Lot has sufficient frontage along Packett
Landing Way by reason of"grandfather"rights under Barnstable Zoning By-Law§4-4.
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S COVENANT
! i
?; The -undersigned, ROBERT E. 3EARSE, of 63 Great
i
t ,
;iHii1 Road, South Sandwich, Barnstable County, Massachu-
setts, hereinafter called the Covenanter, having sub- i 1
i
.Imitted _o the Barnstable Planninc Board, a definite i
:oian of subdivision, entitled, "Plan of ('and in ,:west;
' Barnstable, Mass. ?reoared for Robert E. Bearse, :kale
.hated :aarch 3, i933
I made cv A. A. J;a' , 3.eq- �
6�Lil n; LAC::,�, _ ;'/ ?11(C 2-
Z tered ran,: Sur- e,or, dues -hereby .overran.- and aar=_e
• wi_h sa:d ?iar.nina Board .and the successors In office
of said Board, pursuant =c G.:.. ;Ter. Ed.) C. 4i, Sec. i
i
i
:; 31U, as amended, that-.
1. The covenantor is the owner of record of the
joremises shown on said oian;
'2. ':his covenant shall run with the land and oe
:binding upon the executors, administrators, heirs
aassigns of the covenantor, and their successors '_n __tlei
to the premises shown on said olan;
1. i
Construction on Lot 2 of said olan shall be
limited to one sinyle dwelling;
4. This covenant shall take effect upon the appro
Ival of said olan;
_. Reference to this covenant shall be entered
qupon said plan-and this covenant shall be recorded when
isaid olan is recorded.
_
EXECUTED as a sealed instrument this /� day of
:aarch, 1983.
P08ERT A.SCA04>J"A
•*to,..iT•* A« ii --`RQ,6ERT E. RSE j I
POSt O�CC HOR I)fl �I '
' pA1l6T•dL MA 02610 •I ,
. a,r-tetrlte 'j
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- °FSNE Tpy,_
. .'L The Town of Barnstable.
BAMSTABM
MAM
� Department of Health Safety and Environmental Services
Building Division
367 Main Street,Hyannis MA 02601
Office: 508-862-4038 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
August 4, 1999
J. Alexander Watt, Esq.
P.O. Box 881
3267 Main St.
Barnstable, MA 02630
Dear Attorney Watt:
A paper way does not count as frontage, in my opinion, unless it is up to a certain safety
standard. After the frontage meets this standard, you are allowed to access over an
easement, if you would like.
You are not allowed to consider a paper street as frontage as it is not"frontage" if it
cannot meet the basic safety standards previously referred to.
You may seek a variance or appeal my decision if you would like. If you would like to
pursue this course of action, we will be more than happy to assist you.
Sincerely,
Ralph Crossen
Building Commissioner
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