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Home My WebLink About0020 OCEAN AVENUE � o C� ,fi ,� �� ,.j �� i • aexrrsrnst�, The 'Town of Barnstable s6 9. � Department of Health, Safety and Environmental Services " Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-775-3344 Building Commissioner September 28, 1994 Fred Brian Williams,Esquire P.O.Box 646 Marlborough, MA 01752 Dear Attorney Williams: After reviewing the plan for lot#3,assessors map 288,lot 181.3,this office is of the opinion that the grandfathered status lot 3 has under Chapter 40A,Section 6,4th paragraph,would not be affected if lot 10 was added to lot 3. Sincerely, Ralph M.Crossen Building Commissioner RMC/gr [k AREA CODE 506 485-0179 465-4311 FRED BRIAN WILLIAMS FAX: (506) 461-2911 ATTORNEY AT LAW 25 NEWTON STREET - P.O. BOX 646 MARLBOROUGH. MASSACHUSETTS 01752 September 26, 1994 Ralph Crossen, Building Commissioner Re: Board of Appeal #1994-77 Town of Barnstable Leonora A. Williams, Petitioner Town Hall 20 Ocean Avenue Barnstable, MA 02630 Hyannis Port, MA 02647 Assessor's Map 288, Parcel 181-3 Dear Mr. Crossen: In accordance with our telephone conversation, today, I submit the following facts regarding the above : In July 1994, Leonora A. Williams, owner of the parcel shown on Assessor' s Map 288 as Parcel 181-3, (also shown as Lot 3 on the attached portion of the plan endorsed by the Barnstable Planning Board, August 8, 1994) , spoke with Town Attorney, Ruth J. Weil regarding acquiring title to a portion of an abutting lot (shown as Lot 10 on the attached) and adding it to her lot . Her lot was created in 1978 and complied with the then zoning. Zoning has since been up-graded and it was the opinion of the Town Attorney that no land could be added to Lot 3 unless the new lot complied with present zoning requirements. Lot 3 is vacant and the concern of the owner was not to lose any of the rights the lot enjoyed as a buildable lot . Town Attorney said a Variance must be obtained from the Board of Appeals to acquire the abutting parcel . At the Board of Appeals Hearing, the Board expressed the opinion that the law was not clear regarding the need for a Variance and felt the area could be added to Lot 3 without losing the rights enjoyed by Lot 3 . After an inquiry to the Town Attorney, the Board suggested that Leonora A. Williams withdraw her Petition because a Variance was unnecessary. After comment from the Board of Appeals, re-examination of the matter by the Town Attorney and conferences with the Building Commissioner' s office, it has been determined that none of the rights of Lot 3 , for future buildability, would be lost by acquiring and annexing to it Lot 10 . The new, composite lot containing 23 , 255 square feet would enjoy all of the rights as to buildability as the original lot . 4 V y truly ou , Fred B. Williams Leonora A• Williams 04 o C14 N EV - 3 `t F S 425 PC o o N S 63cv '7 , E O.E ni 1 .. ti 60.50 OCEAN, 1 .lu ' Nu �� EDM E. E co rn) . �� FDM 404�_ 2' - • - i -i Ak Leonora A.. Williams o �• iv ;V N SF, 0 � o V N .S 63� 6Q 00, aD SF Cb N Ci l cv 60.56 OCEAN Qp EN EnM E. t _ n Town of Barnstable Zoning Board of Appeals :j Variance-Minimum Lot Area Decision and Notice-Appeal No. 1994-77 Summary Withdrawn Without Prejudice Applicant: Leonora A. Williams Address: 24 Main Street,P.O.Box 81, Southborough,MA 01772 TOWN CW BARNSTA13LE Property Address: 20 Ocean Avenue,Hyannis Port,MA WE PION REVIFIP,1 Assessor's Map/Parcel: 288-181-3 OCT 2 8 1994 Fn) Zoning: RF-1 -Residential F-I District Zoning Overlay District: AP-Aquifer Protection Applicant's Request: Variance-Section 3-1.3(5)-Bulk Variance,Minimum Lot Area Activity Request: The applicant is seeking a Variance to allow a change in the area and a reconfiguration of a non-conforming lot. Procedural Provisions: Section 5-3.2(3)Variances Background: The nature of this appeal affects three lots created by a 1978 Approval Not Required(ANR)Plan. The three lots are located at the intersection of Ocean and Marston Avenues and are characterized as follows; Map-Parcel No. Ownership Address Area Use 288-181-01 George M. Shannon&Leonora Shannon 174 Marston Ave 0.49 Single- Family 288-181-02 George M. Shannon&Margaret Shannon 190 Marston Ave 0.40 Vacant 288-181-03 Leonora A. Williams 20 Ocean Ave 0.42 Vacant On August 08, 1994,the Planning Board did approve an ANR Plan for the division of the three lots into two. The plan eliminates existing lot 2 with part of that lot being combined with Lot I that contains the existing home. Another part of Lot 2 is being transferred in to Lot 3,eliminating the pan-handled shape of Lot 3. The applicant is requesting a Variance from the minimum lot area requirement of I acre to establish and retain the buildability of the new configured Lot 3. Procedural Summary: Sitting on this appeal are T.DeReimer,Robert Thorne,Ron Jansson,R.Boy and Chairman G. Nightingale. Attorney Fred Williams representing his wife Leonora Williams,the petitioner,spoke to explain this request. First,an Authorization to Act on Behalf of Land Owners: George M. Shannon, George M. Shannon,Jr.,Leonora Shannon and Margaret Elizabeth Shannon was submitted to the file. Attorney Williams submitted the land court plan for a clearer view of the parcels. 18 3na TO 0 (' Zoning Board of Appeals Decision and Notice 1994-77 - Leonora A. Williams Historically the land has been in the Williams'family since 1943 and was one lot on the corner of Ocean and Marston Ave in Hyannisport. There was and is a house on that lot. The lot was subdivided according to an ANR subdivision plan into three lots in,1978. Lot one with the house was retained by George M. Shannon and Leonora Shannon,the parents. Lot two as shown on the plan before the Board was deeded to a son, George M. Shannon,Jr. and his wife,Margaret Elizabeth Shannon. Lot three was deeded to a daughter,the petitioner,Leonora Williams. From 1978 to 1992 the lots stayed that way. The lot with the house was listed in August 1992. It did not sell so the brother agreed to sell his lot(lot two) along with lot one. That did not sell either. In 1994,the attempt was made to sell the house and a portion of lot two only.The daughter Leonora will buy the other portion of lot two to add to her lot. It was marketed that way and the plan was presented for it. On August 16, 1994 the sale of the House lot and the front lawn coming from a portion of lot two sold. Now they need to annex 4,806 square feet of land that is still owned by the brother onto lot three owned by the petitioner. They would like to build on lot three someday. From going to the Town Attorney's office and from talking to the former Building Inspector they were told that in a one acre zoning they can not add to this lot without losing its buildability. Mr. Williams believes they need a variance from this Board. He also believes this action would move the property more toward the intent of the by-law by reducing the congestion. Ron Janson: I don't know who in the Town Counsel's office gave you that opinion.... Attorney Williams: I talked to Ruth Weil and I said to her 40A,6 takes care of us.. Ron Jansson: I would like to find out from Ruth and get an opinion and clarification. Public Comment was requested by Chairman Nightingale: There was none in favor and none in opposition. The Secretary was instructed to send a note to legal for an opinion and to have Ruth Weil touch base with Ron Janson. This hearing is continued until September 21, 1994 at 7 P.M. ZBA MEETING OF SEPTEMBER 21, 1994 This hearing has been continued from September 7, 1994,until tonight, September 21, 1994. Board Members sitting on this appeal are T.DeRiemer,R Thorne,R Jansson,R.Boy and Chairman G. Nightingale. Attorney Fred Williams representing his spouse,the petitioner,Leonora Williams said that the Board had referred this matter to the Assistant Town Attorney Ruth Weil. R. Jansson said he had spoken to Ruth Weil who said this was a judgment call and that there was no case law on point. Chapter 40A,Section 6 has not been so construed,that this Board should be taking any action except to allow the Petitioner to Withdraw without Prejudice. However, it is his decision. Attorney Williams asked a few questions regarding buildabliity. Building Commissioner,Ralph Crossen said he would write a letter for Mr. Williams stating that the land would be buildable in general but that he would obviously have to see the plans first. Attorney Williams: Withdrew without Prejudice. 2 ' Zoning Board of Appeals Decision and Notice 1994-77 Leonora A. Williams R. Jansson made a motion to accept the petitioner's request to Withdraw without Prejudice. Seconded: K DeRiemer VOTE: AYE:T.DeRiemer,R Thorne,R Jansson,R.Boy and Chairman G.Nightingale. NAY: None. Order: Appeal No. 1994-77 has been Withdrawn without Prejudice- Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17,within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk. Gail Nightinfai hairmaV' > Date Signed I Linda Leppanen,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 Cl rk. Signed and sealed this day of 19 der a pains and penalties of perjury. • Linda Leppanen, Town Clerk copies Applicant/Attorney Building Commissioner ZBA File 3 TOWN OF BARNSTABLE Zoning Board of Appeals Application to Petition for a Vari&aR - - _ Date Received For office Use Only: Town clerk office pp A Hearing Date - Decision Due The undersigned hereby applies to the Zoning Board of Appeals for a variance from the Zoning ordinance, in the manner and for the reasons hereinafter set forth: Petitioner Name: Leonora A. Williams Pho e (508) 485-4311 Petitioner Address: 34 Main Street, P. 0. Box 81 , Southborough, MA ,01772 Property Location: Ocean Avenue, Hyannis Port, Barnstable, MA Assessors Map 288 Property Owner: Leonora A. Williams Phone Parcel 181-3 Address of owner: 34 Main Street, P. 0. Box 81 , Southborough, MA 01772 If petitioner differs from owner, state nature of interest: Number of Years owned: 16 years Assessor's-Map/Parcel Number: Map 288, Parcel 181-3 Zoning District: RF-1 Groundwater overlay District: AP Variance Requested: Section 3-1 3, 5) bulk regulations - area and width requirements for lots. Cite section & Title of the Zoning Ordinance Description of variance Requested: Petitioner desires to add 4,806 square feet of land to existing non-conforming lot created under zoning as it existed in August, 1978 with- out losing existing rights'under area or width requirements. Description of the Reason and/or Need for the variance: Needed to add land to existing non-conforming lot where new. lot created would have less total area than currently required by zoning and would have less widthAcur' ently required by zoning. Discription of construction Activity (if applicable) : Petitioner has no present plans for any construction activity. Petitioner wishes to preserve her rights to construct a single family residence on the new premises to be created. Existing Level of Development of the Property - Number of Buildings: None Present Use(s) : Vacant land , Gross Floor Area: n/a sq.ft. Proposed Gross Floor Area to be Added: n/a Altered: n/a Is this property subject to any other relief (variance or special Permit) from the Zoning Board of Appeals? Yes [] No �C] if Yes, please list appeal numbers or applicant's name Application to Petition for a Variance Is the property within a Historic District? Yes [] No $] Is the property a Designated Landmark? Yes [] No [c] For Historic Department Use Only: Not Applicable . .. . . . . . .... . .. [] ORE Plan Review Number Date Approved signature: Have you applied for a building permit? Yes [] No pc] Has the Building Inspector refused a permit? In a telephone Yes [] No pc] conversation Building Inspector said adding the area would render lot illegal and All applications for a Variance which proposes a change in use, new unbuildable construction, reconstruction, alterations or expansion, except for single or two-family dwellings, will require an approved site Plan (see section 4 7.3 of the Zoning ordinance) . That process should be completed prior to submitting this application to the Zoning Board of Appeals. For Building Department Use Only: Not Required . . . . . . ... . . . . . . [] Site Plan Review Number Date Approved signature: The followings information must be submitted with the Petition at the time of filing, without such information the Board of Appeals may deny your request: Three (3) copies of the completed Application Form, each with original signatures. Five (5) copies of a certified property survey (plot plan) showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing improvements on the land. All proposed development activities, except single and two-family housing development, will require five (5) copies of a proposed site improvements plan approved by the site Plan Review Committee. This plan must show the exact location of all proposed improvements and alterations on the land and to structures. see "Contents of site Plan:" Section 4-7.5 of the Zoning ordinance, for detail requirements. Y The petitioner may submit any additional supporting documents to assist the Board in making its determination. signature: Date: 9 Petitioner or Agent's Signature Agent's Address: Fred B. Williams/ � /l_ f .G/ -Phone:(508 485-4311 25 Newton Street, P. 0. Box 646 Fax No.(508) 481-2911 Marlborough, MA 01752 Page 1 or 2 Pages Notice For Public Hearing The following are the most recent names, mailing addresses and corresponding Assessor's Map & Parcel Numbers of the abutting property owners, the owners of land directly opposite on any public or private street or way, and all abutters to the abutters within three. hundred (300) feet of the property lines of the subject property. Assessor's Map & Parcel Number Owner's Name Address 288 - 180 A Thomas C. & Carolyn Garrahan Box 306, Forestdale, MA 02640 „ 288 - 180 B Laurence S. Hill 8 Myrtle Street #2, Jamaica Plain, MA 02130 288 - 180 C Sherman L. & Ellen N. Epro 5 Macarthur Ct., Stoughton, MA 02072 288 - 180 D William F. & Margrie L. Petersen, 1533 Popple.Bottom Road,--W. Barnstable, MA 02668 288 - 180 E Paul J. Sullivan P. 0. Box 6046, Boston, MA 02209 288 - 180 F Maryane Mahan 2166 Berry Hill Dr., Grove City, OH 43123 288 - 180 G Raymond E. King Trs. Harbor Village Nom Trust, 433 Main St. Chatham, MA 02633 288 - 180 R Richard & Shirley A. Ryan Box 586, South Windsor. CT 06074 288 - 180 I Richard R. & Joann S. Eurich 7 Pitcairn P1., Lexington, MA 02173 288 - 180 J Kenneth F. & Trudy A. Soucy 46 Heywood Dr., Glastonbury, CT 06033 288 - 180 K Nicholas A. Bishop, William Garvey, Palardy, 38 Boudreau Ave. Marlborough, MA 01752 288 - 180 L Barbara S. Bengen 5076 Washington St., West Roxbury, MA 02132 288 - 180 M Sharon M. Kravis 47 Pawling St., Hanaman. NY 12086 288 - 180 N William J & Margaret C. Garvey. 48 Clinton 0r_. S_ Windsor, rT QAQ74 288 - 180 0 Nicholas A. &Anne M. Bishop 200 Pleasant St., Framingham, MA 01701 288 - 180 P Taddeus Gutkowski & Marilyn A. Pugliese, 154 Rosemary Lane, S. Windsor, CT 06074 288 - 180 Q David K. & Nancy J Dawson Box 16 Boston. MA 02101 288 - 180 R Eugene D. & Janet L. Smith 222 Hersey Street, Hingham, MA 02043 288 - 180 S Christopher H. Babcock 330 E 38th Street #53E, New York. NY 10016 288 - 180 T iRaymond E. King Tr., Lighthouse Realty, 782 Main Street, Chatham, 'MA 02633 288 - 180 U Robert C. & Shirley Palardv 38 Boudreau Avenue. Marlhorough_ MA nl752 SEE SECOND PAGE ANNEXED * Notice Upon submission of application, it is required that all facts and documentation necessary to support the relief being sought by presented by the applicant. The failure of which may result in the denial of the application at the scheduled hearing Page 2 of 2 Pages Notice For Public Hearing The following are the most recent names, mailing addresses and corresponding Assessor's Map & Parcel Numbers of the abutting property owners, the owners of land directly opposite on any public or private street or way, and all abutters to the abutters within three hundred (300) feet of the property lines of the subject property. Assessor's Map & Parcel Number owner's Name Address 288 - 181-1 George M. & Leonora Shannon 237 No. Main St. So. Yarmouth, MA 02664 288 - 181-2 George M. & Margaret E. Shannon, 112 Edgewater Drive, Needham, MA 02192 288 - 182-1 Waldo M. & Catherine M. Maffei, 7 Byron Road, Natick, MA 01760 288 - 182-2 Robert Fitzpatrick 86 Washington Street, Newton, MA 02158 288 - 182-3 Elaine Fitzpatrick 86 Washington Street, Newton,.MA 02158 288 - 119 Jane M. Browne.&Ray W. McMullen, 1521 Dairy Road, Charlottesville, VA 22903 288 - 120 Malcolm McMullen 10 Cherboury Court, Potomac, MD 20854 288 - 118 John P. Driscoll, Jr. & Jane A. Driscoll, 118 Prospect Street, Belmont, MA 02178 288 - 117 Howard V. Evans Box 204, Hyannisport, MA 02647 288 - 116 - Marshall & Mary Anne Farley - Box 537, Hyannisport, MA 02647 288 - 110 Karen Bacon, c/o Carter S. Bacon, Jr.,101 Federal St. llth FI.,Boston, MA 02110 287 - 141 William J. Reick, Jr. 15 West 53rd. Street, New York, NY 10019 287 - 123 John G. Jr. & Dawn R. Doherty, P. 0. Box 566, Hyannis, MA 02601 287 - 122-1 Ruth Jacques P. 0. Box 331, Hyannisport, MA 02647 287 - 122-2 Norberta J. Reilly 42 Decatur Lane, Wayland, MA 01778 287 - 121 Peter B. & Lissa L. Stepanek 29 Honeybrook Lane, Amherst, NH 03031 * Notice Upon submission of application, it is required that all facts and documentation necessary to support the relief being sought by presented by the applicant. '. The failure_ of which may result in the denial of the application at the scheduled hearing __ _ _ -�----•+'r----.�� -�_ --~--'-"'. ��-.�-'�'. _=-�-"�`_-'c'.�=ate+-_ --_ - -�_. ��_ �--=:_-. __Tye=`-- ,�_= ��'�_'•� I � � I "��-i•s-. l -_w-r..��_ I f 11 _.-,�,��-.--:+.,�.-_a-__"--�__-�.._��-'-"��. '•w �tea_— �__ +'='fir� -- - —�-------_-.'_'—�,-m== "r, - •. = — _ ��...-'-�—�--�'^ _ I: - -��a.w•=-�-a�