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Home My WebLink About0040 MASSACHUSETTS AVENUE ✓��' I�e�,�aChuse�ts eve . J _ _ _. i Mass r4ue- , The Town of Barnstable * BMNSTABLE, • 9q, 16 q. `0i Department of Health Safety and Environmental Services prED�n►'ts Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner September 21, 1998 Mr.John Alger,Esq. 886 Main Street P.O.Box 449 Osterville MA 02655-0449 RE: ZBA Variance#1983-71 (Assessor's Map#287,Parcel#'s 23&24) Dear John: In response to your letter of September 15, 1998 relative to the above referenced variance,please be advised that based on the facts and time frames you have provided,the variance from 1983 has lapsed;and you must reapply for a variance to the Zoning Board of Appeals. To assist you,I have enclosed a Variance Application Form. If you need any further assistance,please do not hesitate to contact me. Sincerely, Ralph Crossen BUILDING COMMISSIONER Enclosure RC/kl q:980921 a 1 i I LAW OFFICES OF JOHN R. ALGER, P.C. ATTORNEY AT LAW 886 MAIN STREET P. O. BOX 449 OSTERVILLE, MA 02655-0449 TELEPHONE(50B)426-B594 FAX (50B) 420-3162 September 15, 1998 Mr, Ralph Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Dear Ralph: I got a variance for Arvid Anderson, a copy of which I enclose. After that was granted and within the year,the lot was conveyed to one of his children but no house was ever built on it. It has remained separately owned since that time. Is this a buildable lot or do I have to go back for a variance even though it is individually held? )Vve trulyyours, JRA/bt Enclosure TOWN OF - BARNSTABLE S` 42655 Zoning Board of Appeals ARVID R ANDERSON Deed duly recorded in the Property Owner County Registry of Deeds in Book SAME _...._..._--.._..-._._._.._.._.....:._...._. _._-_._.-.........._.—..................._._. ___ Page ___..----_._, ___.___._..__._� --•---._.Registry Petitioner District of the Land Court Certificate No. ........................ ---......_.-._.._ Book ._.-._.._.. __ Page _.._.._._. 1983-71 Appeal No. _.............-----._....................... Sepetember 14 19 83 ................_..__ ....._........._...................................._L......_._. _ FACTS and DECISION Petitioner Arvid-R. Anderson ..................... filed petition on _.._Ju1t 8, — 1983 Ma sachusetts & Lake Ave, Hyannis port requesting a variance pvM,,Afor premises at - ......�,......................................._................._...............� -----r in t.i�e �f]]age (Street) of ................_......_....................................................................... adjoining premises of -._.........._ (see attached list) ...__....._.............--- Locus under consideration: Barnstable Assessor's ifap no?8.7...._.................................... lot no. 23....&-.-_?Q Petition for Special Permit: 0 Application for Variance: made under Sec. ....Res..._.£-?....aze.a.,tazdth,f the Town of Barnstable Zoning by-laws and Sec. _.._.... ._-._.............................................._..............._..........—._._ Chapter 40A., )bass. Gen. Laws for the purpose of lot five (51 to be a separate buildable Iot v L� Locus is presently zoned in....___..._.....RF-1 LLJ -7 Notice of this hearing was givea by :nail, post:ge prepaid, to all persons deemed affected and (a Cl- a by publishing in Barnstable Patriot 11ewsl,aher published in Town of Barnstable a copy of which is attached to the record of these proceedings filed with Town .Clerk. 0 < � A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town 8:15 XX. August 4, 19.83 Office Building, HN annis, Hass., at ......_.___..—___._:1. P.M. - , upon said petition under Zoning by-laws. Present at the hearing were the following members: Richard L. Boy Frank P. Congdon Dexter Bliss, Associate -._-...............__......- _-- - --- -- ._ .._.._...............-_._..._....— Chairman Best 3893 FAA 121 the conclusion of the hearing, the Board took said petition under advisement. A view of the ,,as made b3 the Board. PPeaI No._ _.�...___._1983-71_,_-_—__--- Page �2+.� of On August 4 __... _ _.g.__._%�_.__.__._._._.-..-._� 19 83__ _, The Board of Appeals found The petitioners were represented by Atty. John R. Alger who explained that they are seeking a variance to allow two lots as buildable lots which are assessed separately. The locus is directly across the street from the previous petition (1983-70) e In 1946, Ruben E. Anderson bought a 5. 7 acre parcel of land and this was subdivided in 1948 and a house was built. In 1948 he conveyed a- lot to each of his six children and they are still the owners of this property. There were nine additional lots plus the land of the parents and there were transferred in 1953. In 1974, the survivor of the two senior Andersons passed away and the children re-arranged the lots between themselves. Due to a re-codification, of the zoning by-laws, .grandfa thering on the lots was- lost due to the action at Town meeting:• _ In 1975, the petitioner's wife passed away and Mr. Anderson owned the lots in common. In 1978, this entire area was zoned for a minimum lot size of one-acre. . Mr. Anderson is now assessed for lots 23 and 24 separately. Lots 23 and 24 have clearly merged even though separately assessed. The petitioner seeks to make lots 23 and 24 into one lot and to make the tail of lot 5 into a separate lot. Lake Street is at least 40 ft. below Massachusetts Avenue. It is so steep that there is an erosion problem as the lot drops off. This property is not ocean front property so that allowing the variance would not be detrimental to the neighborhood. It would be in the best interest of the neighborhood if the _ land is built upon. If the variance is allowed the petitioner's lots would be equal to or greater in size than the surrounding lots. There is a house on the front part of lot 23. The petitioner, Arvid Anderson, presented an 1872 subdivision plan to the Board showing the original layout of the property. Speaking in favor of the petition were: Roger Currey, Francis Brogan, Bob Anderson, Ruth and John Berry, Regina Kennedy and Arvid Anderson. No one spoke in objection to the petition. The Board voted unanimously to grant the petitioner a variance. S.?-clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty- (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Sibned and Sealed this .... 5...; .. pia` of __.�� _.___. _. 19 1?3 under the _._. penalties of perjury. pains an Distribution:— Property Owner �: 1`\` cam_`............. .............................._.__.._.__._......_ Town Clerk ..___..-•---------_..._.__._-- r �. tiltvard of Appeals Applicant 's Town of Barnstable Persons interested Building Inspector Public Information \ " Board of Appeals PP Chairman _ Bn-<3893 F ,u 12 Bt 7-775-1 120 TOWN OF BARNSTABLE ZONING BOARD OF APPEALS .STALL - i6J9 367 MAIN STREET Elie rn�table 3�atriut 11}anni HYANNIS, MASSACHUSETTS 02601 LEGAL NOTICES _ TOWN OF BARNSTABLE BOARD OF APPEALS NOTICE OF PUBLIC 11EARLNG PARTIES INTEREST APPEAL NO. 1983-71 ARVID R. ANDERSO`: UNDER ZONING BY-LA`VS To all persons deem_d interested of BARNSTABLE PLANNING BOARD affected by the Board of AYp_ under Sec. 11 of Chap. BOA of Genera:ra.! YARMOUTH PL-A-NNING BOARD Laws of the C6.nmon,kcalth of `sass- M.ASHPEE PLANNING BOARD achusetts and all amendments thereto. you are notified that: SANDWICH PLANNING BOARD APPEALNO. 1983-68 7:30P.M. ROBERT E. AND MARJORIE E. H_?DER CHINA CO. HALL have appealed to the ZONING BOARD OF APPEALS and petitior. c/o JEANETTE CORP. for a SPECIAL PERMIT to allo%A FAMILY APARTMENT at WREN ROBERT ALLEN ANDIERSON LANE, MARSTONS MILLS in t. RESIDENCE F ZONING DISTRICT. RUTH A. BERRY A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 7:3G FRANCIS D. BROGAN, MAYE A. BROGAN P.M. - APPEAL NO.1983-69 7:45 P.M. ROBERT A. A_NDERSON DOROTHY HOSIE CRAWFORD AND DAVID RONALD HOSIE have JOHN R. BERRY, RUTH A. BERRY appealed to the ZONING BOARD OF APPEALS and petition for a SPECIAL C L?BEES A. POi ,S, JR. PERMIT to allow PROFESSIONAL OFFICES OR REAL ESTATE OF- GER.TRUDE H. COLEMAN FICE at 942 & 944 WEST MAIN SIRE ET, CENTERVILLE in a RESI DOR OTHY E. W ESTON DENCED-1 ZONING DISTRICT. A PUBLIC HEARING WILL BE ITILLIA2`I O'NEIL JR. , MILDBED L. O'NEIL HELD ON THIS PETITION AT 7:4` P.M. ALBERT E. A.NDERSON APPEAL NO.1983.70 8:00 P.M PRISCILLA P. GALLAGHER ha, EDWARD 11. GALLAGHER, JR. , PRISCILLA GALLAGHER appealed to the ZONING BOARD Of APPEALS .and petitions for a VAR RICHARD F. SENTNER, JESSIE P. SENTNER IANCE to allow TWO DWELLING`. ON LOTS NQT IN CONFORMIT) CHARLES P. EDWARDS,' LICIA S. EDWARDS WITH INTENSITY REGULALION` at GRAYTON AVENUE, HYANNIS ROSE•LkRY S. C. BYSE c/o CAN CIAN PORT in a RESIDENCE F-1ZONINC DISTRICT. ' DANA N. 1:EEDER c/o 1LARRI LICKEL A PUBLIC HEARING WILL BE i HELD ON THIS PETITION AT 8:01: JOB: GAR_77SO— , C/O SILVER A AHERN P.M. APPEAL NO.1983.71 SAS P.M ARVID R. ANDERSON has ap pealed to the ZONING BOARD O APPEALS and petitions for a VAR- IANCE to allow UNDERSIZED LO'. to be UTILIZED AS BUILDABLI LOT of MASSACHUSETTS AVE NUE&LAKE AVENUE, HYANNIS PORT In a RESIDENCE F-1 ZON ING DISTRICT. A PUBLIC HEARING WILL Bl HELD ON THIS PETITION AT 8:1_ P.M. These hearings will be held in th HEARING ROOM TOWN HALL 367 MAIN STREET, HYANNIS o TH U RSDAYEVENING,AUGUST, 1983.You are invited to be present. LU K E P.LALL) Cler} Barnstable Patriot July 14,21, 1983 t�L i►DI'D OL]T 12 8� REGI STRY OF DEEDS BARNS ABLE COUNTY BARNSTABLE, MASSACHUSETTS 02630 ,TEPHEN WEEKES, ROISTER N 0 T I C E NO MARGINAL REFERENCE HAS BEEN MADE IN CONNECTION WITH THE ATTACHED FOR THE REASON THAT THE IDENTIFICATION OF THE INSTRUMENT OF RECORD HAS BEEN OMITTED OR DOES NOT APPEAR TO BE CORRECT. IF YOU IIAVE ANY QUESTION IN THIS MATTER, PLEASE CONTACT THE REGISTRY OF DEEDS. STEPHEN WEEKES REGISTER OF DEEDS o9 29 63