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HomeMy WebLinkAbout0000 MIDCAPE HGHWY(WEST) RTE 6 (2) llll llll � z UPC 12543 No. ��°�n•cos`�`��� HASTINGS,MN l � ..•(6jy�"J�:�+iG�•?l.616'YIWPa h .:. �� ._C�f�y.�l�.!`w l:i ..y.. .�.-..:.e. ... ..�. ._, { JOHN W. KENNEY ATTORNEY AT LAW 12 CENTER PLACE 1550 FALMOUTH ROAD CENTERVILLE, MASSACHUSETTS 02632 TELEPHONE 771-9300 FAX NO. 775-6029 AREA CODE 508 e-mail:john@jwkesq.com ��lop" �R�STge �F May 18, 2016 Thomas Perry, Building Commissioner Town of Barnstable Building Division 200 Main Street Hyannis, Massachusetts 02601 Re: Variance 2007-058 —Warren 0 Mid Cape Highway (West) - Lot off of Oak Street West Barnstable, MA 02668 Dear Mr. Perry: Please allow this letter to serve to confirm that you agree with my opinion that the above referenced variance has been acted upon and the subject property constitutes a buildable lot for zoning purposes. A new variance is not required. I met with you on January 26, 2016 to discuss the status of the variance. We reviewed the conditions set forth in the variance. I informed you that my client, Linda Warren, complied with Condition Number 1 by widening the access road over her lot. I pointed out to you that the variance contains no condition that'a building permit be pulled within one year from the date of granting of the variance. Based upon our meeting, you indicated that you agreed with my opinion but you wanted to do a site visit to confirm that Condition Number 1 has been complied with. On May,9, 2016, you visited the.site. You sent me an e-mail confirming that the work has been done and suggesting the approach road be graded as it is a little rough. You also stated that numbers will need to be placed at the Oak Street entrance: I May 18, 2016 Page 2 Based upon our meeting to review the conditions set forth in the variance; the work performed by Mrs. Warren to comply with the variance terms; and your visit to the site you stated to me that you agree with my opinion that Mrs. Warren has complied with the requirement to act upon her variance within one year from the date of granting the variance and, for zoning purposes, her lot remains a buildable lot. Thank you for your assistance with this matter. Very truly yours, ohn W. Kenney, sq. Attorney for Linda Warren Cc: Linda Warren 4butterReport Page 1 of 1 Zoning Board of Appeals (ZBA) Abutter List for Map & Parcel(s): '194014' Parties of Interest are those directly opposite subject lot on any public or private street or way and abutters to abutters.Notification of all properties within 300 feet ring of the subject lot. - Total Count: 7 ® Close Map&Parcel Owners Owner2 Addressl Address 2 Mailing Cltystate2lp WARREN,RICHARD 43 HI-0NA-HILL RD CENTERVILLE, 194014 R MA 02632 ALCOCK,ARTHUR BOX 3D4 CENTERVILLE, 194015 3AME.5 MA 02632 194016 DIRICO,FRANK INDUSTRIAL COMM& 40 LONE ST MARSHFIELD, ELEC INC MA 02050 195006 DIRICO,FRANK INDUSTRIAL COMM& 40 LONE ST MARSHFIELD, ELEC INC MA 020SO ALCOCK,ARTHUR P O BOX 304 CENTERVILLE, 195007 1AMES MA 02632 i 195008 R ARREN,RICHARD 43 HI DNA HILL RD MA 02632CENTERVI�, 195009 BARNSTABLE, CONSERVATION 367 MAIN ST HYANNIS,MA TOWN OF(CON) COMMISSION 02601 This 0si by Kself does NOT cons0lute 0 aeN6ed 031 of abutim and b provided only as an aid to the determinalinn or ebuflers.ifs ` ceNOed Ott of sbulteo is Mquhed,tsntacl the Assessing DMslon to have Ws list reNfed.The owner and address data on this 05113 ihmn 0e Town of Bamstabte Assassofs database as of 6lBR007. i •AbutterReport Page 1 of 1 Zoning Board of Appeals (ZBA) Abutter List for Map & Parcel(s): '195008' Partles of Interest are those directly opposite subject lot on any public or private street or way and abutters to abutters.Notification of all properties within 300 feet ring of the subject lot. Total Count: 11 ® close Map d Parcel Ownerl Owner2 Addressl Address 2 Melling CItyStateZlp 194014 WARREN,RICHARD 43 HI-ONA-HILL RD CENTERVILLE, - R MA 02632 ALCOCK,ARTHUR t� CENTERVILLE, 194015 1AMES 6BOX 304 MA 02632 199016 DIRICO,FRANK INDUSTRIAL COMM a 40 LONE ST MARSHFIELD, ELEC INC MA 02050 19SO06 DIRICO,FRANK INDUSTRIAL COMM a 40 LONE ST MARSHFIELD, ELEC INC MA 02050 195007 ALCOCK,ARTHUR P O BOX 304 CENTERVILLE, 1AMES MA 02632 19soos RWARREN,RICHARD 43 HT DNA HILL RD CENTERVILLE, MA 02632 BARNSTABLE,TOWN CONSERVATION HYANNIS,MA 195009 OF(CON) COMMISSION 367 MAIN ST 02601 19s010 BARNSTABLE FIRE P 0 BOX 546 BARNSTABLE, DISTRICT MA 02630 MORTWND, MORTLAND FAMILY DUXBURY,MA - '.195011 TMOMAS F a LIVING TRUST 239 NORTH ST 02332 REGINA Tits COMMONWEALTH C/O NSTAR ELECTRIC PROPERTY TAX P NORW000,MA '195032 ELECTRIC CO DEFT O BOX 567 02062-OS67 195033 BARNSTABLE,TOWN CONSERVATION 367 MAIN ST HYANNIS,MA OF(CON) COMMISSION 02601 This list by Itself does NOT constitute a certified list of abutters and Is Provided only as an aid to the delardna0an of abutters.II a carload aat of abutters Is required,contact the Aaaessing Division to have this list ceNfrad.The owner and address data on We list Is from the Town of Barnstable Assessors database as of 6/8/2007. Bk 23058 P9114 -039373 • 07-23-2008 & 11 : 10m BARNSTASLE Kam fly f Town'of Barnstable '08 SUN 23 P 1 :20 Zoning Board of Appeals Notice of 6-Month Extension of Variance Variance No. 2007-058-Warren Summary: -Extension Granted to December 28,2008 Applicant: Richard Warren Property Address: 0 Mid Cape Highway(West) Route 6, West Barnstable,MA Assessor's Map/Parcel: ,Map 194 Parcel 014 and Map 195 Parcel 008. Zoning: Residence F Zoning& Resource Protection Overlay Zoning Districts Background and Procedural: On June 29,2007, the Zoning Board of Appeals issued Variance No. 2007-058 to Richard Warren for property addressed as 0 Mid Cape Highway. That bulk variance provided relief from the minimum lot frontage to a 4.5 acre lot accessible only by a 25-foot wide easement that extends from Oak Street to the State's Fire Tower. The variance was granted as the lot's 196 foot of frontage on the Mid Cape Highway does not qualify under the Ordinance as frontage because access can not be taken from that roadway. The variance was recorded at the Barnstable Registry of Deeds in Book 22254 page 138. On June 9, 2008, Linda A.Warren requested a 6 month extension of that variance issued to her late husband Richard Warren. As provided for in MGL Chapter 40A, Section 10.the request was presented to the Board at the open public meeting of June 11,2008. Chairman Gail C. Nightingale summarized the request noting that the Board generally grants the extension upon request and without public notice or a public hearing. She noted the request was filed prior to the expiration of the variance. Motion: At the June 11, 2008 regularly scheduled public hearing of the Zoning Board of Appeals a motion was duly made and seconded to grant a six-month extension of Variance 2007-058. The extension is to take effect June 28, 2008 and shall extend for six (6) months to December 28, 2008. The vote was as follows: AYE: James R. Hatfield,Jeremy Gilmore, Sheila Geiler,John T. Norman, Gail C. Nightingale NAY: None Ordered: Variance No. 2007-058 has been extended for six (6) months.This decision must be recorded at the Barnstable Registry of Deeds for,it to be-in effect. 6r� 3 AX—. T" Gai . Nightingale, airman Da a SignecbF }`p ,�tt ^TEIE �. t I, Li da.Hutchenrider, Clerk of the Town of Barnstable, BaciiJ��C ty:d�?laisetts, hereby certify the filing of this extension in the office of the Towr�*Cluj. Signed and sealed this day of o�0a tt,c .. �` g � y 0" an �nd{�e lties of perjury. • 213AIIINS t, +, gARNSTABLE REGISTRY OF DEEDS Linda H wp--cIgrk i Bk 22254 F9138 =47183 08-10-2007 & 09= 17m BARNSTABLE TOVIIN, `07 JUN 29 A9 :42 Town of Barnstable Zoning Board of Appeals Decision and Notice Variance 2007-058-Warren Sections 240-14.E, Bulk Regulations,Minimum Lot Frontage. To develop a single-family dwelling on a lot that does not meet the requisites of zoning for frontage and access. Summary: Granted with Conditions Applicant: Richard Warren Property Address: 0 Mid Cape Highway(West) Route 6,West Barnstable,MA Assessor's Map/Parcel: Map 194 Parcel 014 and Map 195 Parcel 008. Zoning: Residence F Zoning& Resource Protection Overlay Zoning Districts Relief Requested and Background: This application sought and was granted a bulk variance to minimum lot frontage. The subject locus is a 4.5 acre vacant parcel that is a composite of two Assessor's Lots (Map 194/Parcel 014 and Map 195/Parcel 008). The property has approximately 196 feet of frontage on the Mid Cape Highway. ' That way cannot be used as access and does constitute legal and practical access as Section 801-3 - The Subdivision Regulations, defines frontage as'The distance between the side boundaries of a lot, measured along the exterior line of whatever way or street serves as legal and practical access to the O buildable portion of the lot." p However,the property is bisected by a 25-foot wide easement through the locus. That easement was originally defined in a 1946 plan recorded at the Barnstable Registry of Deeds in Plan Book 80 page 45 and extends from Oak Street to a one-acre lot occupied by a State Fire Tower. The easement -� roughly follows a power line to the tower and the subject property is situated approximately 940 linear feet from Oak Street(0.18 mile). The applicant has requested a variance to Sections 240-141, Bulk Regulations, Minimum Lot Frontage to allow for the development of a single-family dwelling with an attached garage. A site plan for development of the lot was submitted with the application. Procedural& Hearing Summary: This appeal was filed at the Town Clerk's office and at the office of the Zoning Board of Appeals on May 21, 2007. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened June 20, 2007,at which time the Board found to grant the variance to lot frontage subject to conditions. Board Members deciding this appeal were, Randolph Childs,James R. Hatfield,John T. Norman, Kelly Kevin Lydon, and Chairman, Gail C. Nightingale. Attorney Michael J. Princi presented-the application to the Board. He stated conditions of lot shape, issues with its location and access as well as the topographical features both in the slope of land and i Ll` LLLJZ ry 1JJ Trz �ZV Town of Barnstable-Zoning Board of Appeals- Variance 2007-058 Decision and Notice-Warm configuration with access justifying the granting of the relief being requested. He noted thatthe subject lot is over 4 acres in area and to permit one single-family dwelling to be located on the property would not be detrimental to the neighborhood. Attorney Princi stated that the topography slopes some 70 feet in elevation and the lot is a large lot with a narrow width and very deep. A"wood lot" lot as they were once called. It is bisected by the easement that does provide for access and for all purposes, a defined 25-foot"way". The way however, is not developed to roadway standards and,given what it serves, perhaps should not necessarily be developed to those new standards.. He noted that the "way"was originally defined in a 1946 plan recorded at the Barnstable Registry of Deeds in Plan Book 80 page 45, prior to the adoption of subdivision control law in the Town of Barnstable. The applicant purchased the lot a number of years ago in 1974 and paid fair market value for the land. It has been taxed as developable land and taxes have been paid. Currently, it is assessed at$121,800. He also noted that in 1975 the Planning Board did endorse an Approval Not Required Plan for the way that showed the subject lot. That plan is recorded in Plan Book 294 page 73. Attorney Princi stated that he has read the proposed condition submitted by staff and had no issue with any of the suggested conditions and limitations proposed. He stated that development would conform to the development levels suggested or less and all other conditions are acceptable. The Board and Attorney Princi discussed the nature of access to which he noted that the owner would cooperate with the Fire Chief and Building Commissioner to assure an adequate level of access is provided. He stated that his client,the property owner, has the rights to improve the way and to maintain it. Public comment was requested and no-one spoke either in favor or in opposition to the request. Findings of Fact: At the hearing of June 20, 2007, the Board unanimously made the following findings of fact: 1. Appeal 2007-058 is that of Richard Warren for property addressed as 0 Mid Cape Highway(West) Route 6,West Barnstable,MA. The subject locus is shown on Assessor's Map 194 as Parcel 014 and Map 195 as Parcel 008. It is located in the Residence F Zoning District and the Resource Protection Overlay Zoning District. The appeal seeks a variance to Sections 240-141-Bulk Regulations,Minimum Lot Frontage. The variance is sought to allow the-property to be developed with a single-family dwelling having access via an undeveloped 25-foot way off Oak Street. 2. The zoning district requires a minimum of 150 feet of frontage on a way sufficient to provide access to the lot. In this case, the locus is a 4.5 acre vacant parcel that is a composite of two Assessor's Lots(Map 194/Parcel 014 and Map 195/Parcel 008). Section 801-3 —Subdivision Regulations defines frontage as "the distance between the side boundaries of a lot, measured along the exterior line of whatever way or street serves as legal and practical access to the buildable portion of the lot." 3. The lot has approximately 196 feet of frontage on the Mid Cape Highway. That way cannot be used as access and therefore does not constitute legal and practical access to the lot. The two subject Assessor's lots are bisected by a 25-foot wide easement through the locus. That easement was originally defined in a 1946 plan recorded at the Barnstable Registry of Deeds in Plan Book 2 i LJ\ c.�-t.,.iz 'ry iZV Trz r iV Town of Barnstable-Zoning Board of Appeals- Variance 2007-0SB Decision and Notice-Warren 80 page 45 and extends from Oak Street to a one-acre lot occupied by the Commonwealth's"Clay Hill"Fire Tower. 4. The 1946 recorded plan was not signed by the Board of Surveyors in existence at that time. The level of development in the easement does not rise to that level of a road for land division. The easement roughly follows a power line to the tower. The subject property is situated approximately 940 linear feet from Oak Street(0.18 mile). 5. There is a cleared area along the traveled way at the end of the subject locus that can provide for a V turn-around for smaller vehicles but not for fire-trucks. That turn=around occurs where a neighboring drive splits off from the easement.The neighboring drive provides access for the abutting lot to the west of the subject property. That lot is owned by Arthur James Alcock and was apparently developed as-of-right in 1973. Access to that lot is via the 25-foot easement. 6. With respect to the statutory requirement of MGL Chapter 40A, Section 9, the circumstances as they relate to lot shape and topography of the land justify the grant of the variance requested. The lot being 4-acres is of substantial area and is long and narrow bisected by the 25-foot way. Those conditions are unique to the lot at issue. The topography of the lot slopes some 70 feet in elevation from the Mid Cape Highway. The conditions and size of the lot are generally not found in neighboring lots that are in private ownership and developable. 7. To not allow the single 4-acre plus lot to be developed would be a hardship as the proposed use does not over burden the site,and the owner of the property had paid fair market value as well as taxes as a developable lot. 8. Given the size and proposed use,this conforms to zoning and would not be a detriment to the public good. It will not be substantially derogating from the intent or purpose of the zoning ordinance to grant a variance from the frontage requirements. Decision: Based on the findings of fact,a motion was duly made and seconded to grant the variance to the required lot frontage in order to permit Assessor's Map 194 Parcel 014 and Map 195 Parcel 008 to be developed for one single-family dwelling and accessory uses except lodging. Development and use is subject to all of the following conditions. 1. The applicant shall designate an additional15 feet of width to the existing'25-foot easement to create a 40-foot wide right-of-way over the property he owns. Proof of the expanded right-of way shall be submitted to the Zoning Board of Appeals prior to the issuance of any building permit. 2. The traveled way shall be reviewed by the Building Commissioner and the West Barnstable Fire Chief for adequacy of access and any improvements required by the Building Commissioner and Fire Chief shall be made prior to the issuance of any building permit for the dwelling. Improvements shall include assurances that emergency vehicles have sufficient area and surfacing for convenient access and egress to and from the subject property for fire protection. 3. The 0.31-acre parcel identified on Assessor's Map 195 as Parcel 008 shall not be built upon nor cleared. It shall remain in a natural state and vegetated. 4. Development of the lot shall be as presented to the Board in a plan entitled "Plan of Land in West Barnstable prepared for Richard Warren"dated September 25, 2006 as prepared by Down Cape Engineering, inc. Development is limited as depicted on that plan to that of one building only- 3 iLfti LLLJZ iy ZZZ ifZ / ZV 1. . Town of Barnstable-Zoning Board of Appeals- Variance'2007-058 Decision and Notice-Warren that building being a single-family dwelling with an attached garage. The total footprint of the building (not including open air decks) shall not exceed 3,742 sq.ft. and the total gross area of the building shall not exceed 5,613 sq.ft. (not including the basement).The height of the building shall not exceed two stories. 5. The total number of bedrooms permitted on the lot shall not exceed five. 6. The basement of the dwelling shall not be used for sleeping purposes. 7. The on-site well shall be sized appropriately and as may be required by the Fire Chief to assure adequate water is on-site for fire protection. 8. The dwelling shall be fitted with a fire suppression sprinkler system should the Fire Chief desire that system be installed. 9. The lot area to which this variance is granted shall not now, or in the future, be reduced in area except as required by Condition No. 1 herein. The level of development granted in this decision shall be considered full buildout of the lot. 10.The on-site septic and well shall conform to all Board of Health requirements and Title 5 without variance. 11. During all stages in construction of the structure, all vehicles, equipment and materials associated with the construction shall be required to be located off the 25-foot right-of-way except as may be required to install utilities and to landscape and then only on a temporary and short term basis. i • The vote was as follows: AYE: Randolph Childs,James R. Hatfield,John T. Norman, Kelly Kevin Lydon, Gail C. Nightingale NAY: None Ordered: Variance 2007-058 has been granted with conditions. This decision must be recorded at the Barnstable Registry of Deeds for it to be in effect and notice of that recording submitted to the Zoning Board of Appeals office. The relief authorized by this decision must be exercised within 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 Barnstable Town Clerk. ` �y7' I V /C) G I C. Nighting -Cha man -bat6 Signed I,Unda Hutchenrlder, Clerk of the Town of Barnstable,.Barnstable County,Massachusetts, hereby certify that twenty(20)days have elapsed since the Zoning Board of AppealsWed-tFiE,1,1eQs1on and that no appeal of the decision has been filed in the office of the Town Clerk.'—�ENE Tp��%tit Signed and sealed this 020 day of oo under the, I S-S—Aa a aMefi .•' .� . Lin A:h i ' + ' fit Hh o B ee w 7.90 CB So FND / \\9 ,7 3 94.1 zz \�1 % \ 1 2. /\ 171. 4 i\ 1.3 16172.1 5 \ Q17_°1 / i 1 8. 1 4. ., S CHPLAN OF LAND IN WEST BARNSTABLE.M EPARED FOR RICHARD WARREN DATE: NOVEMBER 17, 2004 \/ REVISED DATE: MAY 3, 2005— TEST HOLES %\15 5 SCALE: 1' = 80, STAKE SET CONCRETE BOUND FOUND I B' 7cc-OU 4'i5— Na off 508-362- - - la.500 382-9w08o i i 1 16 r�T 50 /\ --— a y ering, inc. %1 CIVIL ENGINEERS 9a 6^ LAND SURVEYORS 9 main st. yarmouth, ma 02675 y s4f - \ 1 TOWN OF EARN STABLE ZONING BOARD OF APPEAU NOTICE OF PUBLIC HEARDIO UNDER THE ZONING ORDIIUNCE, JUNE la,=I To d pnao hhmWd h•a d.I d W da Z-bV Bond d N.Cammrwa.MdM.Wchuxb.ud dmmndmlbOs.h . 7d10 PM ApP•d I001-054 Woe4 Connor A Cwghb D.W C.Woo4 Jdoi J.Cemm,Trob.d 50 Bq R.d R'* Trml W WadmJ.CaghblAPWiddC.Cagldnh.r.P im.SpMdd Pum3pn .I I.Sedlpi2J0AI.FMerpedLatL the peRbnen smk to bdmbr.wont wditllcK mondnd*dd..' magdW d&—W.B2 PYwT—Ddy.•CpdWll-,bdBPdm Trei Drkv Ce d irr&Tha.Wed bl d W Ph.Tr..Ddm hn i —vd;;20 IdhJdWay dw b Lama:VKZ: rdsdl.h5g ud.daMbK ThI gpaluriwtmudhm7nwbdWe+�Y b m&bwL Tlebhw.d6m.du070aP pbwT...Odn and 2e Kg"Wry,Cmt0%MA W m dwrmmAumd.14P taen Pumho55,052 W OIblO1.A7n.mwd R.MmWD-I W me h Ne Re nI 7453 OvdNy Dltbld. _ Rdard Wurtn bda appied l.r•Yubn.e b Ssdloia 2141/.E, 6d2 R.7AWa.Mirkun Lad Fmd-q-TM dpPOmdwdf dw ,edam h ack to dordw.%bgI.4amly d.<fug .M.*(,.b m da MM CW.IOo,' y..n•bod.0.dm..0 mk.ldt.irydfdesdtaag Wbmh0. �TMpr p.W ®u h orer m und.rel W ad,pwUaW Adaom..e.dw Shel C.imvm•.W.FhTow.TM PrW"b sd- d-ndu 0 Mid Cap HW m(VArdl Rade B,Wm1 Bmahbb, . 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Plan W q PB--k-may b.--i d M Oro Zmlg Boud dAW h dbo.GmMh M—Ww d DtFull w Tam Oak...200 Mdh Sb..l HWub,W Gd C.NlpMdgab•Chd.an Zmhp Bond d/yp.h The BumLabb Patrbl Jun.I W Jura 0,2007 Cherk oul our Web sBa.waw6amslaglepil,.,c4�1 T� � � .e ® EWynn &Wynn PLC oj 1AY I I PN I?: 46 • ATTORNEYS • May 8,2006 300 Barnstable Road a I`I '�IS I ON �--^ Hyannis,MA 02601 Via:First Class Mail (508)775.3665 Fax(508)775.1244 http:// w.wynn Mr. Thomas Perry Building Inspector p://www.wynnwynn.com � 200 Main Street Hyannis, MA 02601 Elizabeth K.Balaschak William E.Enright,Jr. M Thomas M.Grimmer RE: Richard R. Warren Richard A.Martone Parcel off Oak Street on Fire Service Road Kevin P.McRoy Robert F Mills Charles D.Mulcahy Dear Mr. Perry: John J.O'Day,Jr. Kevin J.O'Malley Thomas E.Ponces J. Michael J.Princi I believe that you have the plans necessary to review the Warren parcel. Rebecca C.Richardson Janice E.Robbins William Rosa* As I indicated to you,the road was laid out sometime in the 1940's and is shown on Louis V Sorgi,Jr. plans in your possession. All of the residents and owners of the wood lots between Oak Dina M.Swanson Andrew A.Toldo Street and the Fire Tower have used the road for access from and before that date. The Robert.Walsh 0 earl, wood lot plans show an outline of a way In that vicinity, and I believe that the John A.Walsh y' h y Ty� Paul F.Wynn Commonwealth of Massachusetts merely followed the ancient way to their fire tower. Thomas J.Wynn Of Counsel In any event,the owners and their predecessors have used the fire tower road as Hon.Robert L.Steadman(Ret.) their access consistently for over 60 years. At least two houses have,been built in the area, Thomas A.Maddigan • Hon.James F.McGillen,11(Ret.) and Mr. Warren now seeks a building permit for- home 6nlv."'He has no intentions of Hon.James J.Nixon(Ret.) subdividing or attemptipg to use the access road for anything other than access to one dwelling. Admitted: You will also note that sometime after the Town of Barnstable acquired ownership *Massachusettsand Rhode Island to the parcels abutting the Warren parcel,the assessor unilaterally eliminated the road on the assessors plan. I have provided you with the aerial view showing you the outline of the road. You have the opportunity to go on line and view the prior aerials going back into the 1960's,which also show the road has been in existence for over 40 years. After you have had a chance to review the materials, I would appreciate you getting back to me as Mr. Warren is anxious to move ahead with the development or sale of the parcel. Thank you for your consideration of this matter. Very truly yours, r ; P.C. rinci . MJP/kml cc: R. Warrens E:\MJP\WARREN\PERRY.WPD Corn,.." t-J Q lM b Affiliate Office: Raynham 90 New State Highway•Raynham � v k,MA 02767 • (508)823-4567 � fr�cytic,c$.�. m I Parcel Lookup Page 1 of 1 ov tA i .4 BAAKSTABLE �'�n M,ate*`' e� ..x,,: ��i-li���•�i'J. '`rl�i /�»,� .,,� Logged In As: Parcel Lookup Thursday, Augu Road Lookup Condo Lookup Multiple Address Lookup j Search Options 1k Search By Parcel I. Map Block Lot 195 I 008 I arch <Prev Next> Page 1 of 1 Rows/Page Parcel Location Owner Village M; 195-008 0 MIDCAPE HGHWY(WEST) RTE 6 WARREN, RICHARD R WB 19 http://issql/intranet/propdata/lookup.aspx 8/16/2007 f - Parcel Lookup Page 1 of 1 Ok THE !o\ 1�:i'E,lFl157AA1.1= ,� �4 9 �bo ED09frl/ -'904i/ / 44A a' Jay Logged In As: Parcel Lookup Thursday, Augu Road Lookup Condo Lookup Multiple Address Lookup Search Options Search By Parcel iE Map Block Lot 194 014 � Search <Prev Next> Page 1 of 1 Rows/Page Parcel Location Owner Village K 194-014 0 MIDCAPE HGHWY(WEST) RTE 6 WARREN, RICHARD R WB 1a http://issql/intranet/propdata/lookup.aspx 8/16/2007 i Parcel Lookup Page 1 of 1 4 T n E z-w ti s W.N STAB_.e . iq v r S,�Qa,y�,(B-'f/�.00L`��� �v Logged In As: Parcel Lookup Thursday, Augu Road Lookup Condo Lookup Multiple Address Lookup Search Options kk Search By Parcel (� Map Block Lot 4 003 � 002 Search No records were found that match your criteria http://issql/intranet/propdata/lookup.aspx 8/16/2007 r Parcel Lookup Page 1 of 1 ,. 48A0.ti5TA8U�• Y MASS, Logged In As: Parcel Lookup Thursday, Augu Road Lookup Condo Lookup Multiple Address Lookup Search Options , Search By Parcel Map Block Lot 194 003 004 Search No records were found that match your criteria http://issql/intranet/propdata/lookup.aspx 8/16/2007 Parcel Lookup Page 1 of 1 YHE -- ' a Xv Logged In As: Parcel Lookup Thursday, Augu Road Lookup Condo Lookup Multiple Address Lookup Search Options Search By Parcel i Map Block Lot 194j 027 Search No records were found that match your criteria http://issql/intranet/propdata/lookup.aspx 8/16/2007 1AA ly 5�1 Q 6 .a NOT A TRUE COPY3 aQ = Wk 1 t le [se r's map 9nd lot r ........ 7.... .�... ... / Jl�� THE Permit numb HARMnumber ...... .... .......................................................... � 9 � 00 i63q. \00 0 MAY TOWN OF BARNSTABLE BUILDING INSPECTOR +n� APPLICATION FOR PERMIT TO ...... a s^C(ZU-C--F...... ................................................. TYPEOF CONSTRUCTION ....... .§".f....................................................................................................... ........... . .Q.(h............19.. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies fora permit according to the following information: Location ....C>N'.��......q .....$It............ 4.3!>.&q.JO .1j E......................................................................... Proppsed Uses e .! ............. .... ................................................................................................. .q Zoning District ........................./..!............. Fire District .............. ................................... A Q L.O QArS'f a Name of Owner ../ :V�` 'FU .... .,....T-iI .C...�...... Address 06�� f�!4 .. T>. ... ........1..... o T1}v�{?� 4� �C,A:fti.`4�...Address . bAl� �^ AA'�� Name of Builder `� ..T.................�.�............... ... ........ Name of ArchitectL'-�— `...... L� ...Address �'. � ........� ... ......... .... ............... .......... .............. ............... Number of Rooms ...............c.................................................Foundation .......t ?. ........... ........................... E)leriQr• .........CIF.©A,;13....... ......................Roofing ......�7�' .�� ...... :'����1. ........................ Floors C.O.f A a..1 ��...• ........................................Interior ......:1k�TJF� �5. .......................................... Heating ..........IA ........................................................Plumbing .......... l ....................................................... p �. . �. ......Approximate Cost ......... .............................Fireplace ............... �?... ................................................ ........................ Definitive Plan Approved by Planning Board -----------______-----------19_______ . Area .... ......-5 ........... O Diagrd'm of Lot and Building with Dimensions Fee _ SUBJECT TO APPROVAL OF BOARD OF HEALTH I - %� 57 ------� _ ��....,-moo' =, ••1 1,3 • l OCCUPANCY PERMITS. REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding t above construction. NameCu .L......... �. ...... ............. F ALCOCK, ARTHUR J. . ............. ... Permit for .B lLg ........ -Y Accessor to ..................... . ---'g..........P.... Location M'd .....................................................v........t ..............!.)..West Barnstable ........................................................... Owner ....Arthur..J- A1COClc......................... Type of Construction EMM.............................. ................................................................................ 'Plot ............................ Lot ................................ Permit Granted August...1.7.1.................19 84 Date of Inspection ...........19 Date Completed ............ ........19 �f 1, � .,�..�... . .ae. .•c. . . .. .:�.'.. 1,!Yf. CC t ?r ,LAt�SJ• dtNKE rd .99 DEB 1 P 2 :35 MAPA I Town of Barnstable Zoning Board of Appeals Decision and Notice.. Appeal Number 1999-19-Bearse Appeal Decision of Building Commissioner Summary: Upheld Building Commissioner Petitioner: Robert E. Bearse Property Address: Off cedar Street,West Barnstable Assessors Map/Parcel: Map 131, Parcel 004 Area: 12.69 acres Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property is a vacant lot consisting of 12.69 acres in the village of West Barnstable. This lot has no assigned address, being situated off the Mid-Cape Highway. It is located in a RF Residential Zoning District which has a minimum frontage requirement of 150 feet. The applicant applied for and was denied a building permit for the construction of a new single-family residence and accessory buildings, as defined in a letter dated December 29, 1998 in which the Building Commissioner states: "it is our position that the frontage you have on the State Highway is illusory and therefore not adequate or practical. Additionally, the 20'wide easement to Cedar Street is not frontage and, therefore, a building permit cannot be issued." The applicant is appealing this decision of the Building Commissioner. In the alternative, the applicant has also applied for a Variance to Section 3-1.4(5) Bulk Regulations-Frontage. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on December 29, 1998. 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 February 03, 1999, at which time the Board upheld the decision of the Building Commissioner. Hearing Summary: Board Members hearing this appeal were Gail Nightingale, Gene Burman, Ron Jansson, Elizabeth Nilsson, and Chairman Emmett Glynn. Attorney Michael Ford represented the applicant, Robert E. Bearse, who was present. Attorney Ford requested and the Board agreed to hear these appeals together. Attorney Ford described the locus which is a vacant lot situated Off Cedar Street,West Barnstable and consisting of 12.69 acres. The lot has the benefit of a 20' right-of-way that runs out to Cedar Street. The lot backs up to Route 6. There was a plan approved by the Town of Barnstable Planning Board in 1997 which divided the land into three lots(under the name of Ted Piers)and created a subdivision road leading out to Willow Street. However, after the plan was signed by the Planning Board, a title examination determined there were no rights of passage over that subdivision road they had created, and Mrs. Piers was unable to sell the property. The Board asked if that invalidated the subdivision and Mr. Ford stated it does not because those rights could be acquired at a later time. If relief is granted this evening the legal access to Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-19-Bearse Appeal Decision of Building Commissioner this lot would be over the right-of-way (over the Lampi property) not the subdivision road. Mr. Ford stated the applicant would formally rescind the approved subdivision plan if the relief is granted by the Zoning Board of Appeals. The Petitioner has a Purchase and Sales Agreement to buy all 12.69 acres as shown on the plan entitled Plan of Land as surveyed for Harold& Gladys Weekes, Book 286, Page 26. The lot is large and could be divided into 5 or 6 lots if another lot was purchased for access, however, the Petitioner is proposing to use the entire lot as a single house lot which is good land use. But for the problem with one abutter not granting the right-of-way to Willow Street, the land is a developable piece of property. A subdivision could be created if(for example)the abutting Lampi property (which has frontage on Cedar Street)was combined with the subject property. The two parcels could be combined and a new subdivision created. It is not the intention of the applicant to do that- but his predecessor could. Regarding Appeal Number 1999-19,Attorney Ford suggested that the decision of the Building Commissioner is incorrect in that the lot does contain the required linear frontage along Route 6 to qualify under the Zoning Ordinance but that actual access may be taken over the right-of-way from Cedar Street because Route 6 is a limited access higftway. There being no definition of frontage in the Zoning - Ordinance, it could be argued that if one has linear frontage along the road, it is not required that the actual access for the lot be derived over said frontage. Can you satisfy the frontage requirement from one road and use another road as access, the Building Commissioner says you can not and does not want to establish a precedent with respect to Route 6. Public Comment: No one spoke in favor or in opposition to this appeal. Findings of Fact: At the hearing of February 03, 1999, the Board unanimously found the following findings of fact as related to Appeal No. 1999-19: 1. The Petitioner is Robert E. Bearse. The property in issue is located Off Cedar.Street,'West Barnstable, MA as shown on Assessor's Map 131, Parcel 004. The entire parcel totals:.12.69 acres. and is located in the RF Residential F Zoning District. 2. The Petitioner has submitted a Purchase and Sales Agreement to show standing before the Board. 3. The Petitioner is seeking to build, as a matter-of-right, on this parcel based upon two factors: • There is a deeded 20' right-of-way to the property as is shown on a plan of land entitled Plan of Land in West Barnstable, MA, as surveyed for Harold& Gladys Weeks by Crowell& Taylor Corp. 89 Willow Street, Yarmouthport MA, dated June 3, 1974, Barnstable County Registry of Deeds Book 286, Page 26. • The Petitioner is laying a claim of right of access to this parcel based upon a subdivision Plan of Land in West Barnstable, MA for Ted Peirs,prepared by John Milne, All Cape Engineering, dated September 6, 1996 and approved by the Town of Barnstable Planning Department on April 14, 1997. 4. In view of the fact that neither the Petitioner nor the current owner have ownership rights in-or-to, or rights over the so called extension from Willow Street, this in essence is a subdivision plan whose validity is at best questioned and may be invalid. 5. In view of the fact that there is no such frontage on an existing way, and no such frontage on an existing legal way, the Petitioner does not have sufficient frontage. 6. Based upon these facts, the Petitioner does not have the right, as a matter-of-right, to go forward and construct a single family dwelling on the lot in issue. 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-19-Bearse I- Appeal Decision of Building Commissioner Decision: Based on the findings of fact, a motion was duly made and seconded to Uphold the Decision of the Building Commissioner in Appeal Number 1999-19. The Vote was as follows: AYE: Gail Nightingale, Ron Jansson, Gene Burman, Elizabeth Nilsson, and Chairman Emmett Glynn NAY: None Order: In Appeal Number 1999-1.9,the Building Commissioner has been Upheld. 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 zo — d y of under the pains and penalties of perjury. :.. wnda Hutchenrider, Town Clerk 3 Planning Labels ` II-Jan-99 RefNo mappar ownerl owner2 addr city state zip 19 107 001 BARNSTABLE, TOWN OF (CON) CONSERVATION COMMISSION 367 MAIN STREET HYANNIS MA 02601 108 008 CHAMBERS, ROGER A 6 JAN R %COOK, JEAN PO BOX 23 HYANNIS MA 02601 -108 010 BARNSTABLE, TOWN OF (CON) CONSERVATION COMMISSION 3.67 MAIN STREET HYANNIS MA 02601 .130 001 BARNSTABLE, TOWN OF (CON) CONSERVATION COMMISSION 367 MAIN STREET HYANNIS MA 02601• 130 032 PIERS, THEODORE L ANN R PIERS WILLOW ST W BARNSTABLE MA 02668 130 033 KENNEDY, JOSEPH E & KENNEDY, MARGARET JEAN 575 WILLOW ST W BARNSTABLE MA 02668 131 002 PINSON, MARGARET E 245 CEDAR ST W BARNSTABLE MA 02668 131 003 MEYERROSE, WILHELM &BETTY HEMLOCK ROAD LANGDON NH 0360; '. 131 004 PIERS, THEODORE L ANN R PIERS WILLOW ST W BARNSTABLE MA 02668 131 005 LAMPI, HENRY %CHARLES CROWELL PO BOX 2003 DENNIS MA 02538 131 006 WALLACE, JOAN M 339 CEDAR ST W BARNSTABLE MA 02668 Count= 85 3 M . t� ' .99 � P 2 35 BAPMABIZ Fnrea+� � ✓ I Town of Barnstable Zoning Board of Appeals Decision and Notice. Appeal Number 1999-19-Bearse Appeal Decision of Building Commissioner Summary: Upheld Building Commissioner Petitioner: Robert E. Bearse Property Address: Off cedar Street,West Barnstable Assessor's Map/Parcel: Map 131,Parcel 004 Area: 12.69 acres Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property is a vacant lot consisting of 12.69 acres in the village of West Barnstable. This lot has no assigned address, being situated off the Mid-Cape Highway.. It is located in a RF Residential Zoning District which has a minimum frontage requirement of 150 feet. The applicant applied for and was denied a building permit for the construction of a new single-family residence and accessory buildings, as defined in a letter dated December 29, 1998 in which the Building Commissioner states: "It is our position that the frontage you have on the State Highway is illusory and therefore not adequate or practical. Additionally, the 20'wide easement to Cedar Street is not frontage and, therefore, a building permit cannot be issued." The applicant is appealing this decision of the Building Commissioner. In the alternative, the applicant has also applied for a Variance to Section 3-1.4(5) Bulk Regulations-Frontage. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on December 29, 1998. 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 February 03, 1999, at which time the Board upheld the decision of the Building Commissioner. Hearing Summary: Board Members hearing this appeal were Gail Nightingale, Gene Burman, Ron Jansson, Elizabeth Nilsson, and Chairman Emmett Glynn. Attorney Michael Ford represented the applicant, Robert E. Bearse, who was present. Attorney Ford requested and the Board agreed to hear these appeals together. Attorney Ford described the locus which is a vacant lot situated Off Cedar Street,West Barnstable and consisting of 12.69 acres. The lot has the benefit of a 20' right-of-way that runs out to Cedar Street. The lot backs up to Route 6. There was a plan approved by the Town of Barnstable Planning Board in 1997 which divided the land into three lots(under the name of Ted Piers)and created a subdivision road leading out to Willow Street. However, after the plan was signed by the Planning Board, a title examination determined there were no rights of passage over that subdivision road they had created, and Mrs. Piers was unable to sell the property. The Board asked if that invalidated the subdivision and Mr. Ford stated it does not because those rights could be acquired at a later time. If relief is granted this evening the legal access to Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-19-Bearse Appeal Decision of Building Commissioner this lot would be over the right-of-way(over the-Lampi property) not the subdivision road. Mr. Ford stated the applicant would formally rescind the approved subdivision plan if the relief is granted by the Zoning Board of Appeals. The Petitioner has a Purchase and Sales Agreement to buy all 12.69 acres as shown on the plan entitled Plan of Land as surveyed for Harold&Gladys Weekes, Book 286, Page 26. The lot is large and could be divided into 5 or 6 lots if another lot was purchased for access, however, the Petitioner is proposing to use the entire lot as a single house lot which is good land use. But for the problem with one abutter not granting the right-of-way to Willow Street, the land is a developable piece of property. A subdivision could be created if(for example)the abutting Lampi property (which has frontage.on Cedar Street)was combined with the subject property. The two parcels could be combined and a new subdivision created. It is not the intention of the applicant to do that- but his predecessor could. Regarding Appeal Number 1999-19, Attorney Ford suggested that the decision of the Building Commissioner is incorrect in that the lot does contain the required linear frontage along Route 6 to qualify under the Zoning Ordinance but that actual access may be taken over the right-of-way from Cedar Street because Route 6 is a limited access highway: There being no definition of frontage in the Zoning Ordinance, it could be argued that if one has linear frontage along the road, it is not required that the actual access for the lot be derived over said frontage. Can you satisfy the frontage requirement from one road and use another road as access, the Building Commissioner says you can not and does not want to establish a precedent with respect to Route 6. Public Comment: No one spoke in favor or in opposition to this appeal. Findings of Fact: At the hearing of February 03, 1999, the Board unanimously found the following findings of fact as related i to Appeal No. 1999-19: 1. The Petitioner is Robert E. Bearse. The property in issue is located Off Cedar.Street,'West Barnstable, MA as shown on Assessor's Map 131, Parcel 004. The entire parcel totals:.12.69 acres. and is located in the RF Residential F Zoning District. 2. The Petitioner has submitted a Purchase and Sales Agreement to show standing before the Board. 3. The Petitioner is seeking to build, as a matter-of-right, on this parcel based upon two factors: • There is a deeded 20' right-of-way to the property as is shown on a plan of land entitled Plan of Land in West Barnstable, MA, as surveyed for Harold& Gladys Weeks by Crowell& Taylor Corp. 89 Willow Street, Yarmouthport, MA, dated June 3, 1974, Barnstable County Registry of Deeds Book 286, Page 26. • The Petitioner is laying a claim of right of access to this parcel based upon a subdivision Plan of Land in West Barnstable, MA for Ted Peirs,prepared by John Milne, All Cape Engineering, dated September 6, 1996 and approved by the Town of Barnstable Planning Department on April 14, 1997. 4. In view of the fact that neither the Petitioner nor the current owner have ownership rights in-or-to, or rights over the so called extension from Willow Street, this in essence is a subdivision plan whose validity is at best questioned and may be invalid. 5. In view of the fact that there is no such frontage on an existing way, and no such frontage on an existing legal way, the Petitioner does not have sufficient frontage. 6. Based upon these facts, the Petitioner does not have the right, as a matter-of-right, to go forward and construct a single family dwelling on the lot in issue. 2 i Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-19-Bearse I- Appeal Decision of Building Commissioner Decision: Based on the findings of fact, a motion was duly made and seconded to Uphold the Decision of the Building Commissioner in Appeal Number 1999-19. The Vote was as follows: AYE: Gail Nightingale, Ron Jansson, Gene Burman, Elizabeth Nilsson, and Chairman Emmett Glynn NAY: None Order: In Appeal Number 1999-19,the Building Commissioner has been Upheld. 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 d y of under the pains and penalties of perjury. :.. c ,", Jnda Hutchenrider, Town Clerk 3 Planning Labels 11-,tan-99 RefNo mappar ownerl owner2 addr city state zip 19 107 001 BARNSTABLE, TOWN OF (CON) CONSERVATION COMMISSION 367 MAIN STREET HYANNIS MA 02601 108 008 CHAMBERS, ROGER A 6 JAN R %COOK, JEAN PO .BOX 23 HYANNIS MA 02601 -108 010 BARNSTABLE, TOWN OF (CON) CONSERVATION COMMISSION 3.67 MAIN STREET HYANNIS MA 02601 .130 001 BARNSTABLE, TOWN OF (CON) CONSERVATION COMMISSION 367 MAIN STREET. HYANNIS MA 02601 . 130 032 PIERS, THEODORE L ANN R PIERS WILLOW ST W BARNSTABLE MA 02668 130 033 KENNEDY, JOSEPH E & KENNEDY, MARGARET JEAN 575 WILLOW ST W BARNSTABLE MA 02668 131 002 PINSON, MARGARET E 245 CEDAR ST W BARNSTABLE MA 02668 131 003 MEYERROSE, WILHELM %BETTY HEMLOCK ROAD LANGDON NH 0360; 131 004 PIERS, THEODORE L ANN R PIERS WILLOW ST W. BARNSTABLE MA 02668 131 005 LAMPI, HENRY %CHARLES CROWELL PO BOX 2003 DENNIS MA 02538 131 006 WALLACE, JOAN M 339 CEDAR ST W BARNSTABLE MA 02668 Count= 85 3 Tn:.711.� .I lI� HE _ �gr"� t �,r n 16 F ,,� r 99 I{r,{, �' 4 fFD IMF� Town of Barnstable Zoning.Board of Appeals Decision and Notice Appeal Number 1999-20 - Bearse Variance to Section 3-1.4(5) Bulk Regulations -Frontage Summary:: Granted With Conditions - Petitioner: Robert E. Bearse Property Address: Off cedar Street,West Barnstable Assessor's Map/Parcel: Map 131, Parcel 004 Area: 12.69 acres Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property is a vacant lot consisting of 12.69 acres in the village of West Barnstable. This lot has no assigned address, being situated off the Mid-Cape Highway. It is located in a RF Residential Zoning District which has a minimum frontage requirement of 150 feet. The applicant applied for and was denied a building permit for the construction of a new single-family residence and accessory buildings, as defined in a letter dated December 29, 1998 in which the Building Commissioner states: "It is our position that the frontage you have on the State Highway is illusory and therefore not adequate or practical. Additionally, the 20'wide easement to Cedar Street is not frontage and, therefore, a building permit cannot be issued." The applicant is appealing this decision of the Building Commissioner. In the alternative, the applicant is — also applying for a Variance to Section 3-1.4(5) Bulk Regulations- Frontage. The applicant has applied for the following relief: • Appeal No. 1999-20 -Variance to Section 3-1.4(5).Bulk Regulations- Frontage, to allow the construction of a single-family residence and accessory buildings, including a barn, on a lot that does not meet the minimum 150 foot frontage requirement. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on December 29, 1998. 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 February 03, 1999 and continued to March 03, 1999, at which time the Board granted the Variance with conditions. Hearing Summary: Board Members hearing this appeal were Gail Nightingale, Gene Burman, Ron Jansson, Elizabeth Nilsson, and Chairman Emmett Glynn. Attorney Michael Ford represented the applicant, Robert E. . Bearse, who was present. Attorney Ford described the locus which is a vacant lot situated Off Cedar Street,West Barnstable and consisting of 12.69 acres. The lot has the benefit of a 20' right-of-way that runs out to Cedar Street. The lot Town of Barnstable-Zoning B;._..d of Appeals-Decision and Notice Appeal Number 1999-20-Bearse Variance to Section 3-1.4(5)Bulk Regulations-Frontage backs up to Route 6. There was a plan approved by the Town of Barnstable Planning Board in 1997 which divided the land into three lots(under the name of Ted Piers)and created a subdivision road leading out to Willow Street. However, after the plan was signed by the Planning Board, a title examination determined there were no rights of passage over that subdivision road they had created, and Mrs. Piers was unable to sell the property. The Board asked if that invalidated the subdivision and Mr. Ford stated it does not because those rights could be acquired at a later time. If relief is granted this evening the legal access to this lot would be over the right-of-way (over the Lampi property) not the subdivision road. Mr. Ford stated the applicant would formally rescind the approved subdivision plan if the relief is granted by the Zoning Board of Appeals. The Petitioner has a Purchase and Sales Agreement to buy all 12.69 acres as shown on the plan entitled Plan of Land as surveyed for Harold& Gladys Weekes, Book 286, Page 26. The lot is large and could be divided into 5 or 6 lots if another lot was purchased for access, however, the Petitioner is proposing to use the entire lot as a single house lot which is good land use. But for the problem with one abutter not granting the right-of-way to Willow Street, the land is a developable piece of property. A subdivision could be created if(for example)the abutting Lampi property (which has frontage on Cedar Street)was combined with the subject property. The two parcels could be combined and a new subdivision created. It is not the intention of the applicant to do that-but his predecessor could. As to Variance Conditions pursuant to MGL Chapter 40A, Section 10, the property is unique in terms of its location, size and shape when viewed with respect to other lots in the neighborhood. This lot is of a different shape than the other lots in the neighborhood. As a direct and proximate result of its location abutting Route 6 and its lack of frontage, a literal enforcement of the Zoning Ordinance would create a hardship in that the lot cannot be used for the purpose for which it is zoned, single family residential. The current owner has been unable to sell the property and has lost one sale as a direct result of the access problems to the lot. Therefore, a severe financial hardship exists. There will be no substantial detriment to the public good if the variance is granted in that a very large piece of property which could be used in assemblance with other adjoining property to create five or six house lots, will now be used for a single family home and accessory structures. This less intense use on this large parcel will provide public benefits in terms of congestion, traffic and discharge of wastewater. There will be no derogation from the purpose and intent of the Ordinance by granting the variance as the parcel was landlocked by virtue of the layout of the Mid-Cape Highway (Route 6) and, given its large size, the Zoning Ordinance contemplates that variance relief may be granted in unique situations where a parcel has been left without rights of access sufficient to rise to the level of frontage. Attorney Ford stated the applicant is willing to have a restriction placed on the Variance that the lot not be subdivided. However, the Board was concerned with the enforceability of such a restriction because if an access road were developed giving the lot frontage, the Variance would no longer be needed and in essence, the restrictions would be null and void. The applicant and/or his successor could then have a subdivision plan put in place and the land could [legally] be subdivided. The Board questioned if they had the authority to place any deed restrictions on the property. Attorney Ford discussed such a restriction with Mr. Bearse and reported the applicant does not have an objection to such a covenant. The applicant does not want a Conservation Restriction,just a deed restriction. The Board wanted the Legal Department to review such a deed restriction. Public Comment: No one spoke in favor or in opposition to this appeal. A motion was made, seconded and unanimously voted that this matter be referred to the Town Attorney for their advise(in Counsel)with reference to the issue as to whether or not the Town and the Petitioner can effectively enter into an arrangement under the terms and conditions of which the 12.69 acres of land can be restricted in perpetuity to one single family residence. The Board continued this appeal to March 3, 1999 at 8:15 PM. Board Members hearing this appeal on March 03, 1999 were Gene Burman, Ron Jansson, Elizabeth Nilsson, Tom DeRiemer, and Chairman Emmett Glynn. Attorney Michael Ford represented the applicant, Robert E. Bearse,who was present. 2 j 11i Town of Barnstable-Zoning B,,_.,d of Appeals-Decision and Notice Appeal Number 1999-20-Bearse Variance to Section 3-1.4(5)Bulk Regulations-Frontage Attorney Ford addressed the Board and reported he has met with Town Attorney Robert Smith to discuss such a restriction. Mr. Smith is of the opinion that an open space restriction, such as this, can be placed in perpetuity and can be enforced by the Town if the Board were to impose that condition. Nothing was submitted in writing, however, Attorney Ford stated any condition could be reviewed by the Town Attorney. The Board and Attorney Ford discussed the restriction. The applicant stated he understands the restriction will allow him to build only one house and not permit the land to be subdivided into any buildable lots. The restriction shall be enforceable by the Town of Barnstable in perpetuity and shall have independent legal significance. The Board stressed the fact that they wanted the restriction placed regardless of the Petitioner's exercising of the rights granted under this Variance. Public Comment: Steve Tenaglia owns the adjacent property and indicated he may want to buy a portion of the subject property to add to his own lot to increase his lot size. He wanted to make sure the proposed restriction would still allow that to happen. He would not gain a new buildable lot. No one else spoke in favor or in opposition to this appeal. Findings of Fact: At the hearing of March 03, 1999, the Board unanimously found the following findings of fact as related to Appeal No. 1999-20: 1. The Petitioner is Robert E. Bearse. The property in issue is.located Off Cedar Street, West Barnstable, MA as shown on Assessor's Map 131, Parcel 004. The entire parcel totals 12.69 acres and is located in the RF Residential F Zoning District. 2. The property is currently owned by Ann Piers. The Petitioner has submitted a Purchase and Sales Agreement to show standing before the Board. 3. The property is located off the Mid-Cape Highway. Due to its location in the RF Residential F Zoning District, there is a minimum frontage requirement of 150 feet. 4. The applicant had applied for a building permit for the construction of a single family residence on this lot but was denied by the Building Commissioner. That denial was upheld by this Board in Appeal Number 1999-19. 5. The applicant is seeking a Variance to Section 3-1.4(5) Bulk Regulations-frontage-to allow for the construction of a single family dwelling and accessory building including a barn on a lot that does not have the minimum required 150 feet of frontage. 6. The property in issue has the benefit of an Approved Subdivision Plan from the Town of Barnstable endorsed on April 14, 1997 recorded in Barnstable County Registry of Deeds Book 532, Page 84. 7. The property, given its overall configuration, is landlocked, without the benefit of frontage and is otherwise undevelopable. 8. The Petitioner has expressed a willingness to prevent the land from being developed into more housing lots and developing a road into the area, thereby increasing the congestion. 9. No findings are made pursuant to MGL Chapter 40A, Section 10. 10. The relief may be granted without substantial detriment to the public good or neighborhood affected given the size of the parcel of land, its location, and its proximity to Cedar Street. 11. The relief may be granted 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. 1999-20 with the following terms and conditions: 1. The Approved Subdivision Plan endorsed by the Planning Board on April 14, 1997 and recorded in Barnstable County Registry of Deeds Book 532, Page 84, must be rescinded. 2. There shall be no further subdivision of this property as set forth in the conditions of this Variance. 3 Town of Barnstable-Zoning B(_.J of Appeals-Decision and Notice Appeal Number 1999-20-Bearse Variance to Section 3-1.4(5)Bulk Regulations-Frontage 3. The locus shall comply with all regulations of the Building Division, the Health Division, and the requirements of the Old Kings Highway Historic District. 4. The grant of this Variance is contingent upon the imposition of a restriction, to be recorded at the time of the recording of the Variance, limiting the property to one buildable lot. Such a restriction shall provide that it shall be enforceable by the Town of Barnstable in perpetuity and shall have independent legal significance and its enforceability shall not be contingent upon the exercise of the rights granted under this Variance. The restriction shall contain such further conditions as the Town Attorney deems necessary and appropriate to carry out the provisions of this condition. However, the restriction shall not preclude the division of the property to create one or more unbuildable parcels of land. 5. The recording of this Variance shall occur no later than sixty (60) days from the expiration of the appeal period and the rescission of the subdivision plan recorded in Plan.Book 532, Page 84. 6. This Variance is subject to the review of the Town Attorney. The Vote was as follows: AYE: Gene Burman, Ron Jansson, Elizabeth Nilsson, Tom DeRiemer, and Chairman Emmett Glynn NAY: None Order: Variance Number 1999-20 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 fled in the office of the Town Clerk. Signed and sealed this 694 day f under the pains' and,penalties of pefjury. Linda Hutchenrider, Town Clerk I i 4 Tr; i! ;x ;^►-RK �_. THE {)1..,..• ' � ..a. .E.. i i%".�i•�. BAMSTAB14 '99 f°';AR 16 P? MAM 4<< 1679. �0 D�6 Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1999-20-Bearse Variance to Section 3=1.4(5) Bulk Regulations -Frontage Summary: Granted With Conditions Petitioner: Robert E. Bearse Property Address: Off cedar Street,West Barnstable Assessor's Map/Parcel: Map 131, Parcel 004 Area: 12.69 acres Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property is a vacant lot consisting of 12.69 acres in the village of West Barnstable. This lot has no assigned address, being situated off the Mid-Cape Highway. It is located in a RF Residential Zoning District which has a minimum frontage requirement of 150 feet. The applicant applied for and was denied a building permit for the construction of a new single-family residence and accessory buildings, as defined in a letter dated December 29, 1998 in which the Building Commissioner states: "It is our position that the frontage you have on the State Highway is illusory and therefore not adequate or practical. Additionally, the 20'wide easement to Cedar Street is not frontage and, therefore, a building permit cannot be issued." The applicant is appealing this decision of the Building Commissioner. In the alternative, the applicant is also applying for a Variance to Section 3-1.4(5) Bulk Regulations - Frontage. The applicant has applied for the following relief: • Appeal No. 1999-20-Variance to Section 3-1.4(5) Bulk Regulations- Frontage, to allow the construction of a single-family residence and accessory buildings, including a barn, on a lot that does not meet the minimum 150 foot frontage requirement. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on December 29, 1998. 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 February 03, 1999 and continued to March 03, 1999, at which time the Board granted the Variance with conditions. Hearing Summary: Board Members hearing this appeal were Gail Nightingale, Gene Burman, Ron Jansson, Elizabeth Nilsson, and Chairman Emmett Glynn. Attorney Michael Ford represented the applicant, Robert E. Bearse, who was present. Attorney Ford described the locus which is a vacant lot situated Off Cedar Street,West Barnstable and consisting of 12.69 acres. The lot has the benefit of a 20' right-of-way that runs out to Cedar Street. The lot i Town of Barnstable-Zoning B,-.,d of Appeals-Decision and Notice Appeal Number 1999-20-Bease Variance to Section 3-1.4(5)Bulk Regulations-Frontage Attorney Ford addressed the Board and reported he has met with Town Attorney Robert Smith to discuss such a restriction. Mr. Smith is of the opinion that an open space restriction, such as this, can be placed in perpetuity and can be enforced by the Town if the Board were to impose that condition. Nothing was submitted in writing, however, Attorney Ford stated any condition could be reviewed by the Town Attorney. The Board and Attorney Ford discussed the restriction. The applicant stated he understands the restriction will allow him to build only one house and not permit the land to be subdivided into any buildable lots. The restriction shall be enforceable by the Town of Barnstable in perpetuity and shall have independent legal significance. The Board stressed the fact that they wanted the restriction placed regardless of the Petitioner's exercising of the rights granted under this Variance. Public Comment: Steve Tenaglia owns the adjacent property and indicated he may want to buy a portion of the subject property to add to his own lot to increase his lot size. He wanted to make sure the ' proposed restriction would still allow that to happen. He would not gain a new buildable lot. No one else spoke in favor or in opposition to this appeal. Findings of Fact: At the hearing of March 03, 1999, the Board unanimously found the following findings of fact as related to Appeal No. 1999-20: 1. The Petitioner is Robert E. Bearse. The property in issue is located Off Cedar Street, West Barnstable, MA as shown on Assessor's Map 131, Parcel 004. The entire parcel totals 12.69 acres and is located in the RF Residential F Zoning District. 2. The property is currently owned by Ann Piers. The Petitioner has submitted a Purchase and Sales Agreement to show standing before the Board. 3. The property is located off the Mid-Cape Highway. Due to its location in the RF Residential F Zoning District, there is a minimum frontage requirement of 150 feet. 4. The applicant had applied for a building permit for the construction of a single family residence on this lot but was denied by the Building Commissioner. That denial was upheld by this Board in Appeal Number 1999-19. 5. The applicant is seeking a Variance to Section 3-1.4(5) Bulk Regulations -frontage -to allow for the construction of a single family dwelling and accessory building including a barn on a lot that does not have the minimum required 150 feet of frontage. 6. The property in issue has the benefit of an Approved Subdivision Plan from the Town of Barnstable endorsed on April 14, 1997 recorded in Barnstable County Registry of Deeds Book 532, Page 84. 7.. The property, given its overall configuration, is landlocked, without the benefit of frontage and is otherwise undevelopable. 8. The Petitioner has expressed a willingness to prevent the land from being developed into more housing lots and developing a road into the area, thereby increasing the congestion. 9. No findings are made pursuant to MGL Chapter 40A, Section 10. 10. The relief may be granted without substantial detriment to the public good or neighborhood affected given the size of the parcel of land, its location, and its proximity to Cedar Street. 11. The relief may be granted 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. 1999-20 with the following terms and conditions: 1. The Approved Subdivision Plan endorsed by the Planning Board on April 14, 1997 and recorded in Barnstable County Registry of Deeds Book 532, Page 84, must be rescinded. 2. There shall be no further subdivision of this property as set forth in the conditions of this Variance. 3 1. Town of Barnstable-Zoning B,._.,f of Appeals-Decision and Notice Appeal Number 1999-20-Bearse Variance to Section 3-1.4(5)Bulk Regulations-Frontage 3. The locus shall comply with all regulations of the Building Division, the Health Division, and the requirements of the Old Kings Highway Historic District. 4. The grant of this Variance is contingent upon the imposition of a restriction, to be recorded at the time of the recording of the Variance, limiting the property to one buildable lot. Such a restriction shall provide that it shall be enforceable by the Town of Barnstable in perpetuity and shall have independent legal significance and its enforceability shall not be contingent upon the exercise of the rights granted under this Variance. The restriction shall contain such further conditions as the Town Attorney deems necessary and appropriate to carry out the provisions of this condition. However, the restriction shall not preclude the division of the property to create one or more unbuildable parcels of land. 5. The recording of this Variance shall occur no later than sixty (60) days from the expiration of the appeal period and the rescission of the subdivision plan recorded in Plan Book 532, Page 84. 6. This Variance is subject to the review of the Town Attorney. The Vote was as follows: AYE: Gene Burman, Ron Jansson, Elizabeth Nilsson, Tom DeRiemer, and Chairman Emmett Glynn NAY: None Order: Variance Number 1999-20 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. 0� Signed and sealed this V day f under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 4 Planning Labels H-Jan-99 RefNo mapper own erl owner.2 addr city state zip 19tZo 107 001 BARNSTABLE, TOWN OF (CON) CONSERVATION COMMISSION 367 MAIN STREET HYANNIS MA 02601 108 008 CHAMBERS, ROGER A & •JAN R %COOK, JEAN PO BOX 23 HYANNIS MA 02601 '108 010 BARNSTABLE, TOWN OF (CON) CONSERVATION COMMISSION 367 MAIN STREET HYANNIS MA 02601 •130 001 BARNSTABLE, TOWN OF (CON) CONSERVATION COMMISSION 367 MAIN STREET HYANNIS MA 02601 . 130 032 PIERS, THEODORE L ANN R PIERS WILLOW ST W BARNSTABLE MA 02668 130 033 KENNEDY, JOSEPH E 6 KENNEDY, MARGARET JEAN 575 WILLOW*ST W BARNSTABLE MA 02668 131 002 PINSON, MARGARET E 24.5 CEDAR ST W BARNSTABLE MA 02668 _ 131 003 MEYERROSE, WILHELM &BETTY HEMLOCK ROAD LANGDON NH 03602 131 004 PIERS, THEODORE L ANN R PIERS WILLOW ST W BARNSTABLE MA 02668 131 005 LAMPI, HENRY %CHARLES CROWELL PO BOX 2003 DENNIS MA 02538 131 006 WALLACE, JOAN M 339 CEDAR ST W BARNSTABLE MA 02668 Count= 85 3 J Proof of Publication iLEGAL NOT��(___E_:; _ i Totrrn bf'Barnstable Zonug Board oT Appiab 1 Notice of-Public Hearing Under The Zoning Ordinance for February 03. 1999 To all persons interested in,or affected by the Board of Appeals under Sec. 11 of Chapter 40A of.the General Laws of the Commonwealth of Massachusetts,and all amendments r thereto you are hereby notified that: I 7:30 P.M. Otto Appeal Number 1999-14 Frederick Otto has applied to the Zoning Board of Appeals for a Variance to Section 3-1.4 I (5)Bulk Regulations.The applicant is seeking a Varianbe from the minimum 30foot front yard setback requirement to permit construction of a proposed garage to be located 20 feet from the front property line.The property is shown on Assessor's Map 030,Parcel'022 and is 1 commonly addressed as 195 Lakeshore Drive,Marston Mills,MA In an RFfiesidentlal F t Zoning District. , 4S utkowsiaj.4; •" q�pealNumbe'.1519$IS .; ''and Frill RlliElcowsIa.-Bade.applied to`the Zoning of Appeals.for a Modification to Variance Number 1997-45 to permit the Installation of a proposed in-ground swimming pool to encroach 10 feet into the minimum 20 feet front yard setback required by Variance Number 1997-45.The property is shown on Assessor's Map 045,Parcel 048 and is commonly addressed as 120 Berry Hollow Drive,Marstons Mills,MA in an RF Residential FZoning District. 8:00 P.M. Egan Appeal Number 1999-16 r William A."Egan, Jr. and Constance Egan have appealed the decision of the Building ' i Comrissioner as.defined in a letter dated December.14, 1998 in which the,Building I Commissioner states,'1 regret to inform you that your application to add a third floor to 676 1 Scudder-Avenue,Hyannisport,must be denied.The reason for this denial is because third 1 floors are not allowed underour ordinances'.The property is shown on Assessor's Map 287, Parcel 008 and is commonly addressed as 676 Scudder Avenue,Hyannisport,MA in an RF- 1 Residential F-1.Zoning District. t 9:05 P.M. Egan Number 1999-17 William A.Egan,Jr.and Constance Egan.have applied too the Zoning.Board of Appeals for a Variance to Section 3-1.3(5)Bulk Regulations.The Petitioner seeks permission to complete a portion of the attic above the secondfloor by the addition of dormers to provide two bedrooms,a bath and stairway.The property is shown on Assessor's Map 287,Parcel 008 and is commonly addressed as 676 ScudderAvenue,Hyannisport,MA in an RF-i Residential F-1 Zoning District. 8:30.P.M. Cabana Appeal Number 1999-18 John Cabana has petitioned to the Zoning Board of.Appeais'for a Modification to Special Pemrit 1997-129 a 1998-10A. The petitioner is seeking to extend termination date to February4,2000 as is permitted under MGL Chapter40A,Section 9.The property is shown' on Assessor's Map 311.Parcel 075 and is commonly addressed as 157 Falmouth Road/ Route 28.Hyannis,MA in an HB Highway Business District ' 8:45 P.M. -Bearse '. Appeal Number 1999-19. Robert E.Bearse has appealed the decision of the Building Commissioner as defined in a letterdated December29,1998inwhichtheBuildingCommissionerstates,'itisourposition that the frontage you have on the State Highway is illusory and therefore not adequate or practical.Additionally,the 20'wide easement to Cedar Street is not frontage and,therefore, a building permit cannot be issued.'The property is shown on Assessor's Map 131,Parcel 004 and is located off Ced*Street in West Barnstable,MA in an RF Residential F Zoning District.' A 8:50 P.M. Bearse Appeal Number 1999-20 Robert E.Bearse has applied to the Zoning Board of Appeals for a Variance to Section 3- 1.4(5)Bulk Regulations.The Variance is requested to allow the Petitioner to use the locus for one single family dwelling and accessory buildings including,without limitation,a barn.A variance is necessary since the access to the parcel does not qualify as frontage,as defined in a letter from the Building Commissioner dated December 29,1998.The property is shown on Assessors Map 131.Parcel 004 and is located off Cedar Street in West Barnstable,MA in an RF Residential F Zoning District. These Public Hearings will be held in the Hearing Room:Second Floor,New Town Hall,367 Main Street, Hyannis, Massachusetts on Wednesday, February 03, 1999. All plans and applications may be reviewed at the Zoning Board of Appeals Office,Town of Barnstable, Planning Department,230 South Street,Hyannis,MA. Emmett Glynn,Chairman Zoning Board of Appeals The Barnstable Patriot January 14 8 January 21, 1999 r = otTME . �„� . •99 ccB �? P2 �5 �6SP��Og l Town of Barnstable r Zoning Board of Appeals Decision and Notice: Appeal Number 1999-19 -Bearse Appeal Decision of Building Commissioner Summary: Upheld Building Commissioner Petitioner: Robert E. Bearse Property Address: Off cedar Street,West Barnstable Assessor's Map/Parcel: Map 131, Parcel 004 Area: 12.69 acres Zoning: RF Residential F Zoning District iGroundwater Overlay: AP Aquifer Protection District Background: The property is a vacant lot consisting of 12.69 acres in the village of West Barnstable. This lot has no assigned address, being situated off the Mid-Cape Highway.. It is located in a RF Residential Zoning District which has a minimum frontage requirement of 150 feet. The applicant applied for and was denied a building permit for the construction of a new single-family residence and accessory buildings, as defined in a letter dated December 29, 1998 in which the Building Commissioner states: .'It is our position that the frontage you have on the State Highway is illusory and therefore not adequate or practical. Additionally, the 20'wide easement to Cedar Street is not frontage and, therefore, a building permit cannot be issued." The applicant is appealing this decision of the Building Commissioner. In the alternative, the applicant has also applied for a Variance to Section 3-1.4(5) Bulk Regulations-Frontage. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on December 29, 1998. 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 February 03, 1999, at which time the Board upheld the decision of the Building Commissioner. Hearing Summary: Board Members hearing this appeal were Gail Nightingale, Gene Burman, Ron Jansson, Elizabeth Nilsson, and Chairman Emmett Glynn. Attorney Michael Ford represented the applicant, Robert E. Bearse, who was present. Attorney Ford requested and the Board agreed to hear these appeals together. At Ford described the locus which is a vacant lot situated Off Cedar Street,West Barnstable and consisting of 12.69 acres. The lot has the benefit of a 20' right-of-way that runs out to Cedar Street. The lot backs up to Route 6. There was a plan approved by the Town of Bamstable Planning Board in 1997 which divided the land into three lots(under the name of Ted Piers)and created a subdivision road leading out to Willow Street. However, after the plan was signed by the Planning Board, a title examination determined there were no rights of passage over that subdivision road they had created, and Mrs. Piers was unable to sell the property. The Board asked if that invalidated the subdivision and Mr. Ford stated it does not because those rights could be acquired at a later time. If relief is granted this evening the legal access to i Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-19-Bearse Appeal Decision of Building Commissioner this lot would be over the right-of-way (over the Lampi property) not the subdivision road. Mr. Ford stated the applicant would formally rescind the approved subdivision plan if the relief is granted by the Zoning Board of Appeals. The Petitioner has a Purchase and Sales Agreement to buy all 12.69 acres as shown on the plan entitled Plan of Land as surveyed for Harold& Gladys Weekes, Book 286, Page 26. The lot is large and could be divided into 5 or 6 lots if another lot was purchased for access, however, the Petitioner is proposing to use the entire lot as a single house lot which is good land use. But for the problem with one abutter not granting the right-of-way to Willow Street, the land is a developable piece of property. A subdivision could be created if(for example)the abutting Lampi property (which has frontage on Cedar Street)was combined with the subject property. The two parcels could be combined and a new subdivision created. It is not the intention of the applicant to do that-but his predecessor could. Regarding Appeal Number 1999-19,Attorney Ford suggested that the decision of the Building Commissioner is incorrect in that the lot does contain the required linear frontage along Route 6 to qualify under the Zoning Ordinance but that actual access may be taken over the right-of-way from Cedar Street because Route 6 is a limited access highway. There being no definition of frontage in the Zoning Ordinance, it could be argued that if one has linear frontage along the road, it is not required that the actual access for the lot be derived over said frontage. Can you satisfy the frontage requirement from one road and use another road as access, the Building Commissioner says you can not and does not want to establish a precedent with respect to Route 6. Public Comment: No one spoke in favor or in opposition to this appeal. Findings of Fact: At the hearing of February 03, 1999, the Board unanimously found the following findings of fact as related to Appeal No. 1999-19: 1. The Petitioner is Robert,E. Bearse. The property.in issue is located Off Cedar.Street, West Barnstable, MA as shown on Assessor's Map.131, Parcel 004. The entire parcel totals*.12.69 acres. and is located in the RF Residential F Zoning District. 2. The Petitioner has submitted a Purchase and Sales Agreement to show standing before the Board. 3. The Petitioner is seeking to build, as a matter-of-right, on this parcel based upon two factors: • There is a deeded 20' right-of-way to the property as is shown on a plan of land entitled Plan of Land in West Barnstable, MA, as surveyed for Harold& Gladys Weeks by Crowell& Taylor Corp. 89 Willow Street, Yarmouthport, MA, dated June 3, 1974, Barnstable County Registry of Deeds Book 286, Page 26. • The Petitioner is laying a claim of right of access to this parcel based upon a subdivision Plan of Land in West Barnstable, MA for Ted Peirs,prepared by John Milne, All Cape Engineering, dated September 6, 1996 and approved by the Town of Barnstable Planning Department on April 14, 1997. 4. In view of the fact that neither the Petitioner nor the current owner have ownership rights in-or-to, or rights over the so called extension from Willow Street, this in essence is a subdivision plan whose validity is at best questioned and may be invalid. 5. In view of the fact that there is no such frontage on an existing way, and no such frontage on an existing legal way, the Petitioner does not have sufficient frontage. 6. Based upon these facts, the Petitioner does not have the right, as a matter-of-right, to go forward and construct a single family dwelling on the lot in issue. i 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-19-Bearse Appeal Decision of Building Commissioner Decision: Based on the findings of fact, a motion was duly made and seconded to Uphold the Decision of the Building Commissioner in Appeal Number 1999-19. The Vote was as follows: AYE: Gail Nightingale, Ron Jansson, Gene Burman, Elizabeth Nilsson, and Chairman Emmett Glynn NAY: None Order: In Appeal Number 1999-19,the Building Commissioner has been Upheld. 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. Q Signed and sealed this — d y of under the pains and penalties of perjury. nda Hutchenrider, Town Clerk 3 Planning Labels 11-Jan_99 RefNo mappar ownerl owner2 addr city state zip 19 107 001 BARNSTABLE, TOWN OF (CON) CONSERVATION COMMISSION 367 MAIN STREET HYANNIS MA 02601 108 008 CHAMBERS, ROGER A & JAN R %COOK, JEAN PO BOX 23 HYANNIS MA 02601 •-108 010 BARNSTABLE,' TOWN OF (CON) CONSERVATION COMMISSION 367 MAIN STREET HYANNIS MA 02601 .130 001 BARNSTABLE, TOWN OF (CON) CONSERVATION COMMISSION 367 MAIN STREET HYANNIS MA 02601 130 032 PIERS, THEODORE L ANN R PIERS WILLOW ST W BARNSTABLE MA 02668 130 033 KENNEDY, JOSEPH E & KENNEDY, MARGARET JEAN 575 WILLOW ST W BARNSTABLE. MA 02668 131 002 PINSON, MARGARET E 245 CEDAR ST W BARNSTABLE MA 02668 131 003 MEYERROSE, WILHELM &BETTY HEMLOCK ROAD LANGDON NH 0360i 131 004 PIERS, THEODORE L ANN R PIERS WILLOW ST W BARNSTABLE MA 02668 131 005 LAMPI, HENRY %CHARLES CROWELL PO BOX 2003 DENNIS MA 02538 131 006 WALLACE, 'JOAN M 339 CEDAR ST W BARNSTABLE MA 02668 Count= 85 3 Proof of Publication i i - Town of Bainistable Zoeiing fYoardof Appiab . l Notice of-Public Hearing Under The Zoning Ordinance for February 03. 19" To all persons Interested In,or affected by the Board of Appeals under sec.11 of Chapter 40A of:the General Laws of the Commonwealth of Massachusetts,and all amendments` thereto you are.hereby notified that: 7:30 P.M. Otto Appeal 1 Frederick Otto has a lie'd'to the'Zoning Board of Number 1999 14 PP g Appeals for a Va►ience to Section 3-1.4 I (5)BulkRegulations.TheapplicantIsseekingaVadanyefromthemiNmum30footfrontyard i setback requirement to permit construction of a proposed garage to be located 20 feet from I the front property line.The property Is shown on Assessor's Map 030,Parcel 022 and is I commonly addressed as 195 Lakeshore Drive.Marstons Mills,MA in an RFResidential F t Zoning.Distriet r _ 7'� p, Ltkowsld .. c* ppeal.NumJbe�",�19�99.15 ` rbn 'and FrAzlks RiAowski`have applied tol"Zonimg''Bl A.of Appeals for a Modification to Variance Number 199745 to permit the installation of a proposed In-ground swimming pool to encroach 10 feet into the minimum 20 feet front yard setback required by Variance Number 1997-45.The property is shown on Assessor's Map 045,Parcel 048 and is commonly addressed as 120 Berry Hollow Drive,Marstons Mills,MA in an RF Residential FZoning District. 1 8:00 P.M. Egan Appeal Number 1999-16 r William-A Egan, Jr. and Constance Egan have appealed the decision of.the Building i Commissioner as defined in a letter dated December.14. 1998 in which the Building Commissioner states,'I regret to inform you that your application to add a third floor to 676 ScudderAvenue,Hyannisport,must be denied.The reason for this.denial is because third i 'floors are not allowed under our ordinances'.The property is shown on Assessors Map 287; Parcel 008 and is commonly addressed as 676 ScudderAvenue,Hyannisport,MA in an RF- I 1 Residential F 1 Zoning District. i 8:05 P.M. Egan. Appeal Number'1999-17 William A Egan,Jr.and Constance Egan.have applied to the Zoning Board of Appeals fora Variance to Section 3-1.3(5)Bulk Regulations.The Petitioner seeks permission to complete a portion of the attic above the second floor by the addition of dormers to provide two bedrooms,a bath and stairway.The property is shown on Assessors Map 287,Parcel 008 andls commonly addressed as 676ScudderAvenue,Hyannisport,MAin an RF-1 Residential F-i Zoning District. 8:30.P.M. Cabana Appeal Number 1999.18 i John Cabana has petitioned to the Zoning Board of Appeals.for a Modification to Special Permit 1997-129 & 1998-1 GA. The petitioner Is seeking to extend termination date to February 4,2000 as is permitted under MGL Chapter40A,Section 9.The property is shown on Assessors Map 311.Parcel 075 and is commonly addressed as 157 Falmouth Road/ Route 28.Hyannis,MA in an HB Highway.Business District 8:45 P.M. -Bearse Appeal Number 1999-19. Robert E.Bearse has appealed the decision of the Building Commissioner as defined in a letterdated December 29,1998 in which the Building Comirnissionerstates.1 is ourposition that the frontage you have on the State Highway is illusory and therefore not adequate or practical.Additionally;the 20'wide.easement to Cedar Street is not frontage and,therefore, a building permit cannot be Issued.'The property is shown on Assessors Map 131,Parcel 004 and is located off Cedar Street in West Barnstable,MA in an RF Residential F Zoning District. D 8:50 P.M. Bearse. Appeal Number 1999-20 Robert E.Bearse has applied to the Zoning Board of-Appeals for a Variance to Section 3- 1.4(5)Bulk Regulations.The Variance is requested to allow the Petitioner to use the locus for one single family dwelling and accessory buildings including,without limitation,a bam.A variance is necessary since the access to the parcel does not qualify as frontage,as defined in a letterfrom the Building Commissioner dated December29,1998.The property Is shown on Assessors Map 131.Parcel 004 and is located off Cedar Street in West Barnstable,MA in an RF Residential F Zoning District. These Public Hearings will be held in the Hearing Room;Second Floor,New Town Hall,367 Main Street, Hyannis, Massachusetts on Wednesday. February 03, 1999.All plans and applications may be reviewed at the Zoning Board of Appeals Office,Town of Barnstable, Planning Department,230 South Street,Hyannis,MA. Emmett Glynn,Chairman Zoning Board of Appeals The Barnstable Patriot January 14&January 21, 1999 Assessor's map:and lot number ....... q:7�.................I............ THE of To Sewage Permit number 0 ...........................................I........n.... I ST L House number .......................................................................... N a 039,D MA-1 TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO ......... C",*A S1 kt U--C� 1,4 o -k N I r, ...................................................................................................................... e-1 , TYPE OF CONSTRUCTION ....... .... A...7 .. '`.�..................................................................................................... • ............ . .. . ............19..j�� .... . .. ....... TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location .... L ................................................... ......... . . .......................................................................... Proposed Use. .......... -4 (f A 91— ............................................................ ............................................................................ ZoningDistrict ........................ ...................................Fire District .............. ...................................... AAA.f!!�,,r-k.......Address ... ..............,..................................... Name of Owner A.!�� 1,� &),y t- -;.4\�a k t::- 4 Name of Builder, ...4.r."... ................. . ... ..� .. L� -..Acdress .......... ....—.K....A..a-.. N ,.I.R . .... ( n � l Ak V,. ...... ............................. Name of Architect ...Address ...............................<............. rv,-- S. Numberof Rooms ..................................................................Foundation .............................................................................. E*ierior .............t..!.%P%�2.......!7��A.�.n-�::�A ......................Roofing ......A,��?A.AA-t.......... .................................. Floors ............... ...................Interior ......:!A.-1 717—S-*�-05-X\.1�,�i-.'a........................................... ........... .................................... ............................................. ............................................................................ Heating ......... ................Plumbing ...... - \, O Fireplace ........... ......................................................Approximate Cost ...... ...(-,...... ............................................. .. Definitive Plan Approved by Planning Board �t------------19--------- Area 4-�Zl Diagram- of Lot and Building.with Dimensions Fee .....................i........................ SUBJECT TO APPROVAL OF BOARD OF HEALTH L OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS i I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name .................................................................................. AWOCK, AkTHUR J. A=195-7 No ...�6853... Permit for ... .........Accessory.to..L?e2.l.i ng....................... Location= ?_ West Bates V Y t�7.e. .. ........... . ........ Owner ...ArtlZl?z..J-.r.A.lcc�c ................... ... Type of Construction YP ....Frame. ......................... . ............ ................................................................ r Plot ............................ Lot ........................... 0 Permit Granted ....August._17................19 84 , Date of Inspection ....................................19 Date Completed 16 J ram_; - - r�_� ._ . . ��-� � . _ c �._._... __ �--�_.. i �� ` / . o PP Assessor's map and lot number . ,�, -'M► SEPTIC SYSTEM MUST BE ... INSTALLED IN COMPLIANCE\ o Sevwage-'?ermit number ..........................1 ......:. WITH ARTICLE II •STATE ........... SANITARY CODE AND TOWN THE T 61 TOWN OF B A R N'S �"U"LE.__ Q ♦ N L B6HBSTODLE,.i is ON DUNLDING INSPECTOR a 9�o i639 � v O YpY a' N i �; -i *i a t•+ �'"�L, C ri•+ � ' y> C i7 o Y i - o LL 0 APPLICATION,FORT PERMIT TO ./.e?.5.�a.,1.1.....14'-W .Wa��Q..7......t............{................s TYPE OF CONSTRUCTION . 0k.a•eL...4."?za.r.t:.. . ............( ... dme............................ ' ....R3..A-Vku-50.................i.9. ,. +-, TO"?THE INSPECTOR OF,)BUILDINGS: The undersigned hereby applies for a permit according to the following information: t i Location ..1�"/1�..: �1�?.l.G.s? ....I/It�, .d�.J... ...1� .....rsef�°�P7..-�...15 .... �Y� .���+?•?.. ............ ProposedUse ....../A-'asex-l'��� ./................................................................................................................................... Zoning District ........R.� ......................................................Fire District ..... ... ................ fume of Owner ....��N?�.$...... (C.ac-ll<............Address �����t'�� ..�r--� ��..C�d7�9�� �.��s ��—d .. , .� N me of Builder ....v! ......V�.....kC. ac,.! Address Name of Architect ....................Address Number of Rooms ��4/.!?*f IFoundation a / Exterior �E.>. ./ � ...r... ? L .............................Roofing ���� ...�.c,?.1. ..... sy / �� 1................. Floors < .Interior .................................................. . Heating C.71 114?.`-0. .......An ....tj. .............PIumbing��►�? JP / ,6�-icy . Q G Fireplace ............ ........ ..................................................... Approximate Cost Definitive Plan Approved by Planning Board ---------------_---------------19________. Area ....... ..... '...... .'....-.......... Diagram of Lot and Building with Dimensions Fee ...........��.......................... • f, SUBJECT TO APPROVAL OF BOARD OF HEALTH I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name .................................... cock, A. James 18719 two story, No A ......�.4. P&fTnit for .................................... single family dwelling off Typical Way Location ................................................................ West Barnstable ............................................................................... A. James Alcock Owner .................................................................. frame TypeL of Construction .......................................... 4Mw ..........I...................................................................... Plot ... Lot ............................. October 12 76 Permit Granted 19 Date of Inspection ....................................19 Date Completed ......................................19 PERMIT REFUSED . ................................................................ 19 00k ............................................................................... tJ ............................................................................. ............................................................................. ............................................................................. "-,,Approved ................................................. 19 ................................................................................. ............................................................................... Assessor's map and lot number ........................................... c' ' Sewav Permit number ........................../'........................... �vFTNETO�` TOWN 'OF BARNSTABLE• Q I F � ;, EARNSTADLE, 'BUILDING INSPECTOR A "'j M AV C r'44 APPLICATION FOR PERMIT TO ��: �.... :! ??. ��'/ ...:.... .......... ....................................................... TYPE OF CONSTRUCTION 17 z:v................................................19.•--r/ •TO THE INSPECTOR OF BUILDINGS:- The undersigned hereby applies for a permit according to the following information: Location ' T ld D. r ..../..........f...................:..........f'.�....;,....,f.i..g....'S ..!....fit-;ra;s .:............ 4 Proposed Use ...... ! ;.SI��,r ��. ' ..................................:................................................................................................. ..................... ` f Zoning District ........ .z'........................:.............................Fire District .... E"a. ' ab`� _Name of Owner Ar �TAOL ............Address A....-.1... 14/ t / a ............................. •./...?sr r Name of Builder ... �!..!�`�r..... •� .. ...................Address ...................................:................................................ r Name of Architect ...................Address Number of Rooms ?4? �-� ����!:` v'� �kWFounclwion Exterior 54���1f f. ��...:y.... ��� ...Roofing a / Floors Interior � �' . ..................................................................................... `%4Heating ....... ^............................................Plumbing . !.......41. .............. i 9� •, �i�G 1.,.�.'?.v'... Fireplace .. ..�-1 ��' ......Approximate. Cost •4 ."!�• ►� J Definitive Plan Approved by Planning Board -------------------_-----------19________ . Area �.........I.v..:........'.. Diagram of Lot and Building with Dimensions Fee / SUBJECT TO APPROVAL OF BOARD OF HEALTH , 4 ' � 1 " _r • I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name .......... .................................. Alcock, A. James -00 - t . No 18719 permit for , two story ................ I single family dwelling PPI Location ........off Typical Way .. .................... .. West Barnstable t Owner ...........A. James Alcock ....................................................... �fitame Type of Construction ........ ........................... t ......................................./................................. Plot ........................ Lot ....................... - r Permit Granted ........0 czet er 2 76 f ` ............ 19 Date of Inspection ..................19 ' t Date Completed .......................................19 ' r PERMIT REFUSED ........... ................ 1 1 i ...... .. ........ ................ ........................... .... ........ .`. . .. .... ..... ... ..... �.. :........... - ..'"!. ... ........... Appoved .............. ....... ............... ........ 19 .......... rn P Application to gpPE�P EE 4P 0P5"'��PPP�S EP•�Ge YY Old King's Highway Regional Historic District Committee in the Town of Barnstable for a CERTIFICATION OF EXEMPTION Application is hereby made, in triplicate,for the issuance of a certificate of exemption under Section 6 and 7 of Chapter 470, Acts and Resolves of Massachusetts, 1973, as amended for proposed work as described below and on plans, drawings, or photo- graphs accompanying this application. TYPE OR PRINT LEGIBLY DATE r ADDRESS OF PROPOSED WORK �,J � ST ASSESSORS MAP NO. OWNER —1 q C_e�- _-L ASSESSORS LOT NO. HOME ADDRESS 8�'� � � �� - TEL. N0. C '2-� AGENT OR CONTRACTOR Ar2_-t'±j::jzd R ArL c n c(— ADDRESS 5'�d/Vl� TEL. NO. This ap lication is for exemption of proposed exterior construction on the ground that: (1) It will not be visible from any way or public place. ❑ (2) It is within a category declared entitled to exemption by Old King's Highway Regional Historic District Commission. ) (Check applicable box) PROPOSED WORK: Describe and furnish plan of proposed work, showing location on lot, and, if an addition is involved, show- ing location of existing building. SIGNED Owner- ontr for-Agent Space below line for Committee use. Received by H.D.C. The Certificate is hereby Date -�. 0 a Time By Date �J �Y Approved The categories of-work entitled to exemption are listed on Disapproved ❑ the back of this form. EXTERIOR ARCHITECTURAL FEATURES SUITABLE FOR CERTIFICATES OF EXEMPTION FOR RESIDENTIAL USE ONLY FENCES: 1. Post and rail, split,half round or round; natural finish 2. Square rail;white or natural finish 3. Stockade;natural or gray stain finish;not forward of face of main building 4. Picket;white only (Maximum height of all fences, 4 feet) HEDGES: natural, not to exceed four feet in height DECKS: constructed of'wood,on single family dwellings, built after 1900, at first floor level, at the rear only, railings not to exceed 30 inches in height, not over 509/6-to be visible from a way; natural finish or color compatible with building involved BREEZEWAYS: enclosure of existing breezeways,consistent with style, material and color of house, excluding sliding glass doors facing street,way or public place FLAGPOLES: on residential property, not over 24 feet high, not less than 20 feet from way„constructed of wood, with natural finish or painted white, or of aluminum,or of fiberglas or metal painted white ARBORS AND TRELLISES: of lightweight,wooden construction, not over nine feet high ROOFS: natural cedar shingles,or asphalt shingles per approved color samples;not over five inches exposure to weather SIDING: natural cedar shingles, or wooden clapboards- natural or approved color; not over five inches exposure to weather STORM SASH,STORM DOORS,WINDOW SCREENS,SCREEN DOORS,GUTTERS AND LEADERS: permissible if consistent with style, material and color of building LIGHT POST: permissible if consistent with style, material and color of building AIR CONDITIONERS, portable,window units at side or rear of building STONE WALLS: construction of field or split stone, not exceeding 30 inches in height / NOTE 1. All prior bulletins hereby superseded. 2. Conditions contained in certificates of appropriateness shall be binding regardless of any exemptions contained herein. 1 l •. ' _.. - - _ _ - _ _ _- - - _ - - �"'�' - -ate_- ,� .,. - — 'i' _. - ,r c •{'� 4$1 /s,r y,�Yam- -a�.-y��.�:�, Y �� r T � � /}\(\��\\�\ t O � l d rk�1 0� \ � , ,(}�t'. '11 � O � � 4• , r � ? 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