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HomeMy WebLinkAbout0048 CARLA ROAD 4 � cN2L-w vs� �I i I I� I I I I JOHN W. KENNEY ATTORNEY AT LAW m 12 CENTER PLACE 1550 FALMOUTH ROAD CENTERVILLE, MASSACHUSETTS 02632 TELEPHONE 771-9300 FAX NO.775-6029 AREA CODE 508 e-m 1:John@Jwkesq.com September 6, 2006 Art Traczyk; Principal Planner Town of Barnstable Zoning Board of Appeals 200 Main Street Hyannis, Massachusetts 02601 Re: Mary M. Kennedy No.: 2006-058 Dear Mr. Traczyk: Cc Enclosed for your file please find a copy of the Decision as recorded at the Registry of Deeds. Please feel free to contact me if you have any questions regarding this matter. Very truly yours, r t John W. Kenney JWK/mmc Enclosure cc: Thomas Perry, Director, Building Division Mary M. Kennedy 09-05-21366 a 01228r,8ARNS TABLE. TOWN, ; 69.;�. Town of Barnstable . AUG '8 P l Zoning Board of Appeals Decision and Notice i Appeal 2006-058-Kennedy . Variance-Section 240-11 (E)Bulk Regulation,Animum Lot Area. QAZ Seeks to create a buildable undersized lot from a lot that has merged due to common ownership. M Summary: Granted with Conditions Petitioner: Mary M..Kennedy C� Property Address: 4&Carla Road&.73 Linda Lane Hyannis.MA. Assessor's Map/Parcel: Map 248 as parcels 0.89 and 218. Zoning: Residence B Zoning District Relief Requested&Background: In Appeal 2006-58,the applicant seeks to"unmerge"two undersized adjoining lots held in common (Y) ownership. The subject lots consist of a vacant lot addressed as 48 Carla Road,Hyannis MA,and a developed lot addressed as 73 Linda Lane,Hyannis,MA. , . e' The lots were created in 1961,prior to the adoption of.Subdivision Control in.the Town of Barnstable, They were created by a plan entitled"Craig Port a Residential Subdivision in West Hyannis,Mass.Property.of Rolkin Realty Trust"-recorded at the Barnstable Registry of Deeds in Plan Book 165,page 41. The lots are shown on the plan as Lot No's. 57 and 58. Lot No.57 is the vacant.lot and Lot No:58 is the developed:lot. M " In 1961,this area of the Town was zoned Residence B-1 requiring a minimum lot area of 10,000 sq.ft. Each lot conformed to zoning when created. The area was rezoned to Residence B in 1969 and the minimum lot requirements remained at 10,000 sq.ft. It was not until 1985;with the adoption of a one-acre zoning,that the minimum lot area for the Residence B Zoning District was increased. At that point in time,the owners of the undersized vacant and adjoining lots were granted five years of grandfathering from merger. After 100, the vacant lot at 48 Carla Road,Hyannis MA merged with the developed lot at 73 Linda Lane,Hyannis,MA . v as both remained in common ownership.. In November 1991`.the applicant,,Ms Mary M. Kennedy,purchased both the house lot and the vacant lot from Irene M.Anthony. They were transferred together on one deed recorded at the Barnstable Registry of Deeds in Book 7743,page 333. The 11,000 sq.ft. lot is located within a designated Wellhead Protection Overlay District and subject to.Title 5's nitrogen loading limitation. r: Procedural.&Hearing Summary: This appeal was filed at the Town Clerk's office and office of the Zoning Board of Appeals on May ;2006. 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 July 26,2006, at which time the Board found t to grant the variance subject to conditions herein. Board Members deciding this appeal were,Randolph Childs,James R. Hatfield,Sheila Geiler,John T. Norman, and Chairman-Gail C. Nightingale. Attorney John W. Kenney represented the applicant. He then submitted to the Board a copy of a petition signed by 8 abutting neighbors in favor of granting the variance to develop the lot. Mr. Kenney also noted that a memorandum supporting this appeal was previously submitted to the Board. Mr. Kenney cited the zoning history and ownership of the lots from the 1961 subdivision to present. He stated that his client,Mary M.Kennedy acquired both of the lots in 1991. He also stated that Ms.Mary M. Kennedy, when negotiating to purchase the home,had only intended to purchase the lot with the home but was given the option to also purchase the vacant lot. She agreed and along with the house,purchased the additional lot for$25,000. Mr. Kenney stated that the lots have been taxed separately and taxes have been paid continuously during all of.those years. He noted,that all of the lots.in.the neighborhood are developed and all lots are approximately 10,000 sq.ft. He stated that the literal zoning enforcement_would create a hardship as the vacant lot adds little to the developed lot and the two cannot be used together. The Board noted that the vacant lot may only be developed for a one(1)bedroom dwelling due to Title 5 regulations namely being.in a Ground Water Protection area. They inquired regarding the applicant's intentions as to the lot's future. Mr. Kenney noted that Ms.Mary M.Kennedy is considering building a small home on the vacant lot for herself and turning the existing dwelling over to her children. He also stated that with the cost of housing, a young couple or retired couple may also find a one(1)bedroom fitting their needs. He also requested that the number of bedrooms not be restricted by the Zoning Board but left to the Board.of Health. He noted that should public sewer become available in this area they would,like to have the ability to add bedroom(s). Public comment was requested and no one spoke in favor or in opposition to the request. The Chairman cited the petition submitted by the applicant noting the seven abutters favored the grant of this variance. Findings of Fact: At the hearing of July 26,2006,the Board unanimously made the following findings of fact: 1. Appeal 2006-58 is that of Ms.Mary M.Kennedy for property addressed as 48 Carla Road, and 73 Linda Lane,Hyannis;MA. The lots are shown on Assessor's Map 248 as parcels 089 and 218. They are in a Residence B Zoning District and a Wellhead Protection Overlay District. She has applied for a Variance to Section 240-11,Bulk Regulation,Minimum Lot Area. 2. The applicant seeks to create a buildable undersized lot from a lot that has merged due to common ownership of adjoining lots. The vacant lot is an 11,000 sq.ft.parcel addressed 48 Carla Road, Hyannis MA. The developed lot is addressed 73 Linda Lane,Hyannis,MA. 3. The two lots were created prior to the adoption of Subdivision Control in the Town of Barnstable by a plan entitled"Craig.Port a Residential Subdivision in West Hyannis,Mass. Property of Rolkin Realty Trust"dated September 1961,endorsed by the Board of Survey's and Recorded at the Barnstable Registry of Deeds in Plan Book 165,page 41. The two lots are shown on that plan as Lot No's. 57 and 58. Lot No. 57 is the vacant lot and Lot No. 58 is the developed lot. 2 4. Each of the two lots conformed to zoning requirements when created and were separate buildable lot under zoning. It was not until 1985,with the adoption of a one-acre zoning,that the minimum lot area for the Residence B Zoning District was increased to one-acre. 5. In November of 1991,the applicant,Ms Mary M. Kennedy,purchased.both the house lot and the vacant lot from Irene Anthony.for$160,000. They were transferred together on one deed recorded at the Barnstable Registry of Deeds in Book 7743,page 333. At the time of lot transfer the lots had lost any grandfathering rights and merged for the purposes of zoning 6. In consideration for the variance, conditions exist in that the two lots cannot be used effectively together. 7. This relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance as the.subject lot is similar in area to,neighboring lots. All of which are:developed. ..A petition has been submitted in support of granting the variance. No one has testified in opposition to the granting of this variance. Decision: Based on the findings of fact,a motion was duly made and seconded to grant the appeal with the following conditions: 1. This variance is granted to permit Lot No's 57 and 58 as shown on a plan entitled"Craig.Port a Residential Subdivision in West Hyannis,Mass. Property of Rolkin Realty Trust"dated September 1961,and Recorded at the Barnstable Registry of Deeds in Plan Book 165,page 41 to be considered separate and buildable lots under zoning. 2. Use of Lot No. 57 (48 Carla Road,Hyannis MA,Assessor's Map 248,parcel 218),is limited to that of a single-family dwelling and its accessory uses as permitted under the Residence B Zoning District. It is further restricted to a lot coverage not to exceed 20% of the lot area and a Floor Area Ratio of 0.30. (For reference that would be a 2,200 sq.ft.,footprint and a 3,300 sq.ft. gross area of building. This restriction is applicable to all building, including accessory structures,garages and decks.) 3. Construction shall comply with all applicable Building Division-and Fire requirements and shall comply with Board of Health:Title 5 requirements without variance. 4. All mechanical equipment associat0d with the dwelling(air conditioners, electric generators,etc.) shall be located so as to conform to the required setbacks for the district and screened from neighboring homes and the public right-of-way. 5. This decision must be recorded at the Barnstable County Registry of Deeds and a copy of that recorded document must be submitted to the Zoning Board of Appeals Office and to the Building Division before any building permit is issued. The relief authorized must be executed within one year of the grant of this permit. Execution shall include the transfer of the lots out of common ownership and/or initiating building upon the lot with a building permit. The vote was as follows: AYE: Randolph Childs,James R.Hatfield, Sheila Geiler,John T. Norman, and Gail C.Nightingale 3 F NAY: None Ordered: Special Permit 2006-58 is 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. Gai .Nightingale, ha rman Date Signed L 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 i tr offic o e Town Clerk. Signed and sealed this day e Eder the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 4 L• LEGAL NOTICES' TO�IIIN DF BARNS�ABLE ZONING BOARD Of" PREAL irOTiCE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE ram; JUL 26.2006 To all peisons mtefesta oy affected;by the,Zonmg Boaed of Appeals up, 11,ofC6pter40gofhe Gerierallawvofthe Commonwealth of�Massaclw'seKs and all amendmentsxheietoyou are hereyKnotified that 00 Appeal'2006 058 a 7 Kennedy Mary M"Kennady has applied for a�/aHance to Section 240 11 Bulk'ftegLlatiop`Mid. mum LotA_rea Theap�Jicantseeks toteate a buildable uhdersizedRtotfrom a lotthat has merged due to comtrion ownershipr6f adJotmng lots The vacaptlotis.an,�1$000 'sq ft panel addressed�d8 Carla fZoadF F�yannis�M,4FThe developed fobs addressed 73 L1nda,L';ane;fiyanms MAZ*ThFe�roperfies are shown_oyAssessor s Map_248 as j parcels 08 �nd 218 Theysare m a Residence'B`Zornng Distract-a�' ;2 z = r 7 15 PfVi•F� �t�AfieAppea12006 067 '" 'i : �3 OstapeChem ugemo Ostapechem hasapphed for a5peciaLPermit pursuant to 5echon'290 94 5• Exgansion of a�reexishngoriconforrmng Use The applica0t sedks to- expand ao existing second divelhng(the cottage)located onthe popert�y with a 206 sqt addi Asp The:property is addressed 135 Dunns Pond}?oad Hyannis MAandisshown On Assessors Maps27©as pa e1002Thelocus is m a Res�dance BZoning Distract 7 30 PM !' ;` APPeal,2006 068 yr' Alexantles� r Ale51 x and LindaAlexdaha�e applied to the Zoning Boardyo Appeasl or3modincation'_ of$pedalPdmits Nurnbe�1997 35A and 2�000 05 irto[det.tap re it"the transfer ofa= Bed&B akfastji I -n.it to them.:es neHcowners of tf�e prtlperty TFie Property' is shown on 1.Assessor s Map 012 as parce1r1405 commorly addressed 40 OId Kings f2oad Cotiiif MA�n a Reside`r�ce FgZoning Distncf ' t��, a' 7'30'PMT 4�s Appeal.2006 069 a� Alexander` Y Alex and Lintla Alexander have app idd,lp the Zoning Board of 4ppealszfo�r�modific�. 1ionof VariaFlce Afumbe��g;97 36and 2000 Ohm order to pe�rhit thetransfer of Jana�ce�aflowu�g� up 1�O Ipdgers in tfi°g Bed&Breakfasth pldeatys shown orr Assessors Map 022 asrparcel`:y commonly addressed 40 Old Kin sAbAa ,Cotuit� MA m a Residence F Zoning Dastnet _ • �` � �, ,.,, Z:�5 QM Appeaf2006-070 JCIt'IG` R,eaJ•y TF11Stt^-i-. r r Joseph J and Cla�reaL,Guarano Trustees of JGMG E�ealty,Trust have applied fora. , Vanance fo?Section.240`11 E"'Bulk Regulafions Minimum Lvt Area The variance is being requested for'-a,-proposed 21 194'_fsq ft lof fo be createdcby the 4merger of twti. urders¢edaot �nettheofw�hich is deyelopeble The existinfq two ots are shown oa; . Assessors=Map 267'as parcels 185-nd'.1 commonly -ddressed;3 and 3D Holldai't Lune,WesY;Fiyanmsport MFj,>he lots are in'a Residence B Zoning R�stnct IfiesePublicHeaOnyswtllbeheldatthel3amstableTownHall,=367Mair?Street Hyannis iVIA HeahngRoorri 2nd Floor Wednesday July 26.2006 Plans ardapghoatioy s mad be7eviewed,at7fheZonin'g Boartl�ofAppealsOfficeGrowytti ManagemehtDeparfineht� Town Offices 200 Maln Street-Hyannis MA ' 1,��. ti.( t� y �� �' - .:•� y5k3 ':� LF..'c. �' i ..LT, GaII C NightiFlgale ChaiRnar I Zoning Board of:Appeal_. The Barnstable Pafno�, une 30 and duly 7 :006 x Zoning Board of Appeals (ZBA) Abutter List: Map 022 Parcel 105 Abutters=Parties of Interest-those directly opposite subject lot on any public/private street/way and abutters to abutters. Notification of all properties within 300' ring of the subject lot. This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters. The requestor of this list is responsible for ensuring the correct notification of abutters. Owner and address data taken from the Town of Barnstable Assessor's database on 6/25/2006 Mappar Ownerl Owner2 Address l Address 2 City - -....__._......._..-- - - - - ---- .._._..-—tR --------- ------------._.. State Zip Country 022001 PONTE,JOHN F JR& HURLEY CATHERINE TUITMA 02635 USA : ..I :-_-:-:= iOAD--=- ----...__.._,_.t....._.._......_...._._.. ........_._ I I_022002 LOWE ALISON A - P O BOX 124 COTUIT MA 02635 022040 I'P_'ISCH,JOHN J&PATRICIA - I _ 1 I OLD KINGS --------iC0T61T--- IMA 102635 IUSA 022041 ]F­UERST,EILEEN M 4 RALYN RD _�-- COTUIT MA 102635 IUSA 022042 SMITH,ANNE —' 8 RALYN RD _ COTUIT A 102.6.35 S M USA I 022066 MCGREENERY,JOHN J&RUTH C I ROAD TUIT1026-35 f 1 15 RALYN - -- - - CO MA IUSA .. _ _ ._ ... --......._._...___._.... .._._._._..__.._, 022067 HOLLY WOOD,DONNA L&JOHN D HOLLYWOOD GROVE STREET 25 GROVE ST -�_---- --- -(CONCORD- IMA 101742 TRS NQMINEE TRUST l 022068 IMCPHERSON,SIDNEY R& MCPHERSON,ESTELLE H 29 OLD KINGS - COTUIT -----_-------�RD _�.--..__. ._. ..I- - --_. _ IMA 102635 JUSA 022075 HORTON,TODD A - _ 404 PAGE ST STOUGHTON IMA I02072 IUSA J ....._. .....S ......._......._.. ._........- -�(--------------- ---- --- 022076 IMORLEY,SUSAN M - ----"---------•-• '----- -- -A _ OTUIT TROUTB.ROOK 3 C _.. _ - _ I 1 5 IPSA M 026_ _ I 022077 CABRAL,ROGER C&JOANNA --- - 23 TROUTBROOK - 1COTUIT-- ]MA 102635 IUSA BROOKS J 022081 HENDERSON,JOSEPH& HENDERSON JACQUELINE 32 FURLONG DR ���"-•- --- •" " " ' - --.-.__= _ :-�__._:�___-_�:_._ __ _I_ _:_ _._ _ _ _. AMA COTUIT 02 USA 022085 KILLDUFF,KENNETH L& KILDUFF,DONNA T 54 FURLONG - - COTUIT MA 02635 - _. . ... _.... WAY ........... - 022097 CINCOTTA FAMILY TRUST-- --- - - `-- - --- -- _... .. RD LD K1NGS - P O BOX 172 ICOTUIT IMA 112631 �22098GOSH61GIAN,JOHN63lA I01742 USA ._...._. -- . .._ . _... -.-------------------•---•---__ ---------- MINUTEMAN DR Monday,June 26,2006 -"""" ---- -- - --- -- Page 1 of 2 Ma ar Ownerl PP Owner2 Address l Address 2 City State Zip Country 022100 JDRISCOLL,DANIEL J JR&ANGELA 33 SAMPSON.........._._.... ..... . .... ......... . ._.. N COTUIT MA 02635 I -- - -- HOUSE NOB 022102 TRZCINSKI,EDMUND&(STELLE __] 44 SAMPSON COTUIT lMA I02635 JUSAJ I D TRS HOUSE NOB RD l 022105 CARTER,CAROL W&LEONARD F CARTER HOUSE REALTY TRUST 40 OLD KINGS " " TRS RD ------ — -�COTU(T IMA 10263-.5 _....— - --- ----- -- 1 �22106 IMALOY,JOHN L JR 1 —-- l 341 MAIN COTUIT MA 02635 JUSA _ _.. '7 022117 HOWARD,RICHARD S&JOYCE A 86 QUEEN ANN COTUIT 02635 USA . LANE ]_mA...L _. _.. 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