The URL can be used to link to this page

Home My WebLink About0073 LINDA LANE �3 l.Ir�IDW �� E �__ JOHN W. KENNEY ATTORNEY AT LAW 12 CENTER PLACE 1550 FALMOUTH ROAD o CENTERVILLE, MASSACHUSETTS 02632 TELEPHONE 771-9300 FAX NO.775-6029 AREA CODE 508 ` e-mail: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 p No.: 2006-058 Dear Mr. Traczyk: 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, John W. Kenn/y JWK/mmc Enclosure cc: Thomas Perry, Director, Building Division Mary M. Kennedy r 09-05-21366 a 01 = 28P :THE BARNSTABLE TOW CLE 'MA'S Town of Barnstable AUG 'S P 1 =3+� Zoning Board of Appeals Decision and Notice z Appeal 2006-058 -Kennedy Variance-Section 240-11 (E)Bulk Regulation,Minimum Lot Area. Seeks to create a buildable undersized lot from a lot that has merged due to common ownership. Z M summary: Granted with Conditions Petitioner: Mary M.Kennedy Property Address: 48 Carla R ad&73 Linda Lane Hyannis MA. Assessor's Map/Parcel: Map 248 as parcels 089 and 218. Zoning: Residence B Zoning District ti Relief Requested&Background: In Appeal 2006-58,the applicant seeks to"unmerge"two undersized adjoining lots held in common 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. 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. t 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 90 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 1990, the vacant lot at 48 Carla Road,Hyannis MA merged with the developed lot at 73 Linda Lane,Hyannis,MA as both remained in common ownership. o_ 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. i r Procedural.&Hearing Summary: This appeal was filed at the Town Clerk's office and office of the Zoning Board of Appeals on May.1;20.06. 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 r 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 associated 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 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, hairman 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 i tr offic o e Town Clerk. Signed and sealed this � '—` day e Eder the pains and en3lties of perjury-. i Linda Hutchenrider,Town Clerk 4 . r LEGAL NOTICES Z,ONIICa"60►RD OFPP"E�► . NC�TiCFD UB IC IN 0 THE ZONING ORDIfiIANC `4 J17L26 200er a r To L persans interested{n,o taffecfed6y#h a orung Boar AppQi c al ri er Sectipc 11tht 7 OoAf PMhapt� ftx 1. t� 7awsof �� oMan ttnnHCnner se �A fiaeeayodw aH amendmentsdheo uar� ereb eap A'05$ sx Ye llaby M K nn rly hasa�pmed �NliRi= mum LatArba.The-i*Jrcan&hse U tacrebte"a butldak ie undeis�zed Ob om alo hat has merged diie o cokningn awnersfup of adJoinrng lots The uac�o Jof;i J 11 Q00 sq$ pa ceCatli re; �4tz Casa Road yarsms I.AR de�reJbped tp s'addressg . 7 Luttla Land.hiyanms 1N the raQe�#ies are s own on Assessor s Map 2485 pardefs.08'}and:278 ThefaF�rnal�esidPnce B Zoning D1stRc4` '�P1Y 7 i; Pfy s's EN.M. �ugea�a bsta�pecner� s��ppfedfoa a5pee�af Permit pursuant#o 8ecfion'2A0 54¢ Expah�rorr of a ree Fel, strng to Ponfornnng Jse TF1E ap�Gca�f;seek�to expand ap exy trng second weilin�(fhe cottage} ocate- %the p gp�efty with a 2�O�sg addl traq�The pr�t5e is addressed k3sDuru�s Ponb f2badfa'n`iisrViAndis sfiownXN Via; Assessors IWCapi27Qas parce1t002 hedacus is rna Res e{� he 6,Distnc��" 7 30 PM` r f�A p 2001i-068 Y be er,� . AlexandLinda texa da au apprag.6theZonrngBoa�d=ro Appeals rOrnodihcatPpn ofSpecialerrrs1 cmber1�J3 acid 1000 fl5yii�t ordo pethetisfer of a Beds&Breakk#a zcralC efmrt-a t�iemsa aevy�wt�ersr'othe=P dperTaAe propel g} sXC rs shoM� ory ssessnr s dap 2 as parce1105 camFnonly ad ressed O:OCd Lfing '. Road,Qdf9if PM� a eside cePrYonrng District ' `'� 7 30�4?Mrd /spa?�QD6 Atex antl Linda Afexandey r. applied#o the Zdffigg>Board a pgpe�szfok trlodrfic . Longo# r�aph t be q 99�7 36 antl 0 06}�nineR a� rt�t tea fe of+ p , vaneIngeAajloY091T rru��1�Q Odgers rn theBed greak#a 14sses §Map D22 as a�F .105t commonly addressed 40�YdKy� R3ad otuit� MA rnResrdece F Yo[atng Distr�et r , ' z 45 Rljll F s 4ppgaf 2QQ5A70 �gJ tG ! Etea1* �rySt L Y; ; � � y t �. ek Joseph�Y�a�dtaire LGuanno Trustees affJGMG Fy#ealty Trustraueppuefo� . . i%ana i fo Secfio`�i 240 11 E Bulk E e uCafjonsAMlni r 1 froYA e T1ae variance y� being requestefo�a pprop sed2154�sg ft 1of fo'be creald by�tne rerget;oFtwts... undgrsrzed Jot ne the of which is developable,The existing iwo is s�apfshown ag, . Assessor sfJlap 267 as p�rcefs 183 and 18£ cotnFnonly'addres�so� andIJ flolida . Lane��11QesYflyaimrsportA Tfie lots are in atResrdence56 Zarim`g'Djsfnc wy these 2ubhc�Heapn�s wU1 be*Meld atthe Barps abbe;Towle r-a 36�Tc�ain Streef�by0rinl MA�Jiaanng Room,2 fFioor�1lyednes�day, Ju1yk26,20q. Plansantl apg6 trohs mad 6e reviewed of fhe Zansng 8o,�rd Appeals pLfi ov�th Mar age ne i}De s Fr e Town Offices 2003Marnt�eef arinis MA , T t Garl C I fghtinga�e, harrTna otaitg Board gfAppeal . The,.Bamstable R.afno6 ; d03ffandduCy006 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.I Address 2 City State Zip Country 022001 PONTE,JOHN F JR& HURLEY,CATHERINE 67 OLD KINGS COTUIT MA 02635 JUSA .. ... -- - ---_-_ _-——__-ROAD I r22002 ILOWE,ALISON A P O BOX 124 COTUIT MA 02635 RD I022040 IPISCH,JOHN J&PATRICIA I I OLD KINGS COTUIT MA 02635 USA I __. ....._ I l _ 022041 IFUERST,EILEEN M 4 RALYN RD COTUIT MA .02635 USA L_ - ---- - ------ -- - — -------- 8 RALYN RD -- I - --- - ]COTUIT IMA 1 02635 USA I 022042 SMITH,ANNE 1 IMCGREENERY,IOHN J&RUTH C 15 RALYN COTUIT IMA I02635 IUSA .. - ._.. .----------. -------- _ - _- -- -022067 DONNA L&JOHN D HOLLYWOOD GROVESTREET 25 GROVE ST CONCORD MA 01742 TRST]'�&LYWOOD, _..._._._._.__._._..---.._..._._._._..--------- -------------------------- 022068 MCPHERSON,SIDNEY R& ��p�Rs6j�ESTELLE H 29 OLD KINGS COTUIT MA 02635 USA 022068 MCPHERSON,SIDNEY R& RD _ ......-- --. ..._..._._I. - ----- - - 022075 HORTON,TODD A 404 PAGE ST STOUGHTON MA 102072 USA J I022076 IMORLEY,SUSAN M ..... _._ . --L--------------------- = - - _._I---._.. .. -. : _. ... .... 43 COTUIT IM A I02635 JUSA I TROUTBROOK RQ 022077 BROOKS,ROGER C&JOANNA COTUIT MA USA 23BROOKS TROUTBROOK I10-26-35 RD - - 1022081 IHENDERSON,JOSEPH& - -- -�HENDERSON,JACQUELINE— -- 132 FURLONG DRI - ICOTUIT MA 02635 USA 1 - - ---- 022085 KILLDUFF,KENNETH L.. DONNA T4FURLONG COTUIT MA 02635 . _ ._......__.__._. ]KILDUFF, WAY :�_....-....._ _._._..:... 022097 CINCOTTA FAMILY TRUST ----- - - --- -- ---------- --80 OLD KINGS P O BOX 172 ICOTUIT....... . .. IMA..102635 RD 022098 GOSHDIGIAN,JOHN - -----__�-_--'------------- --- --_-_------63 CONCORD - MA 101-7 42 USA MINUTEMAN ..._ DR - ---_ -----.------------ Monday,June 26,2006 - Page 1 of 2 Mappar Ownerl Owner2 Address l Address 2 City State Zip Country 1122100 DRISCOLL,DANIEL J JR&ANGELA I 33 SAMPSON COTUIT 02635 N1HOUSENOBIMA .. 022102 TRZCINSKI,EDMUND&ESTELLE 44 SAMPSON COTUIT MA 02635 USA D TRSr22105 CARTER,CAROL W&LEONARD F CARTER HOUSE REALTY TRUST 40 OLD KINGS COTUIT MA l — ---- -- -------��_== 102635 -- — -- -r22106 MALOY,JOHN L JRITRS 341 MAIN COTUIT ]M� 02635 USA STREET 022117 HOWARD,RICHARD S&JOYCE A 77 - . --.._.. --- --- ----__-------,LAN�EEEN ANN�---- -.ICOTUIT .._... _ __.. MA...�02635- IUSA' Monday,June 26,2006 -.- Page 2 of 2