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HomeMy WebLinkAbout0009 OLANDER DRIVE I/a -7 � gar • 69 r.., ! Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal2001-51 - Michaelson Variance to Section 3-1.1(5) Bulk Regulations, Minimum Lot Area Summary: Denied Petitioner: Willis H.Michaelson Property Address: 9 Olander Drive,Hyannis,MA Assessor's Map/Parcel: Map 270,Parcel 143 Zoning: Residential B and Aquifer Protection Overlay District Background: The property at issue is a vacant 0.58-acre parcel located at the intersection of Lincoln Road and Olander Drive in Hyannis. The locus is zoned Residential B which requires one acre of upland to be considered buildable. The petitioner has submitted a request for a variance to the minimum lot size to permit the undersized lot to be considered buildable.The one-acre minimum lot size for the district was established in 1985. The relief sought stems from a common ownership of three neighboring undersized lots (MGL Chapter 40A-Section 6). According to the Assessor's records,Joseph C. &Anne Centrella owned three adjoining lots in the area. • The subject locus, Parcel 143,was transferred to the Centrella's from a Sandra I. Gifford on May 15, 1986, by document C105943. That document also transferred Parcel 138 - 141 Lincoln Road-which was a 0.62- acre parcel developed with a 1,304 sq. ft. one-story single-family dwelling built in 1949. • On March 18, 1986, 23 Olander Drive, a 1.27-acre lot to the west of the subject site,was transferred to Joseph C. &Anne Centrella, by document C81086. It was transferred to a Phillip L. Spencer on December 15, 1995. 23 Olander Drive was developed in 1971 with a one-story 1,090 sq. ft. single-family dwelling. • On August 03, 1998,the Centrellas transferred Parcel 138 - 141 Lincoln Road-the 0.62 acre developed lot to a Trudi Sumner, Recorded.Book 1161.1 page 196. • Parcel 143 -9 Olander Drive-the locus of this appeal, the vacant undersized lot,was transferred in to JRM Realty Trust,Joseph Centrella and Ann Centrella Trustees, on November 22, 1989. Prior to 1985, the RB Zoning,District required a minimum lot area of 10,000 sq. ft. On February 28, 1985, Town meeting amended the District Regulations requiring a minimum lot area of 1 acre. Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on February 28, 2001. An extension of time for holding the.hearing and for filing of the decision was executed between the applicant and the Board. 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 May 16, 2001, at which time the Board found to deny the variance. e • Board Members deciding this appeal were Daniel M. Creedon, Gail Nightingale, Richard L. Boy,Thomas DeRiemer, and Ron S.Janson. Attorney Peter Daigle represented the applicant who was also present as well as the owners of the property,Joseph C. &Anne Centrella. Mr. Daigle cited that this is the last remaining undeveloped parcel in the area. He noted that the lot was somewhat larger that surrounded developed parcels. He noted that the Centrella's owned three abutting parcel. Two had been sold, the third remain vacant and is the subject of this appeal. The issue of standing was discussed and Mr. Daigle noted that he had included a copy of the Purchase and sales agreement is submitted with the package of materials presented.. Chairman Jansson asked Mr. Daigle what the Variance conditions existed on the lot. Mr. Daigle answered that the lot was not unique. He noted that the grant of the variance would result in a dwelling being built and increase taxes. He stated that to grant the variance would not be detrimental to the area. The public was invited to speak. Josh Carlino, an abutter from Lincoln Rd,voiced his opposition. Mrs. Centrella spoke on behalf of the appeal. She gave a history of their ownership of the lots. Findings of Fact: At the hearing of May 16,2001, the Board found the following findings of fact: 1. In Appeal 2001-51,Willis H. Michaelson has applied for a Variance to Section 3-1.1(5) Bulk Regulations,Minimum Lot Area, to allow an undersized lot to be considered buildable under zoning. The property is shown on Assessor's Map 270, Parcel 143, and addressed as 9 Olander Drive, Hyannis, MA in a Residential B Zoning District. 2. The petitioner has submitted a request for a variance to the minimum lot size to permit the undersized lot to be considered buildable.The one acre minimum lot size for the district was established in 1985 3. According to the Town's Assessor's records, the parcel is owned by Joseph C. &Anne Centrella. According to the application the petitioner is Willis H. Michaelson. For standing,the applicant has submitted a copy of a Purchase and Sales Agreement for the parcel. 4. The property is a vacant 0.58-acre parcel located at the intersection of Lincoln Road and Olander Drive in Hyannis. The locus is zoned Residential B which requires one acre of upland to be considered buildable. 5. The petitioner has submitted a request for a variance to the minimum lot size to permit the undersized lot to be considered buildable.The one-acre minimum lot size for the district was established in 1985. 6. The problem stems from a common ownership issue of neighboring undersized lots and their merger as required under MGL Chapter 40A-Section 6. 7. Prior to 1985, the RB Zoning District required a minimum lot area of 10,000 sq. ft. On February 28, 1985,Town meeting amended the District Regulations requiring a minimum lot area of 1 acre. 8. The zoning ordinance provided for a 5-year grandfathering of undersized lots. After 5 years,vacant adjoining undersized lots would be merged. The subject lot-Parcel 143 -9.O1ander Drive would have merged with the developed undersized Parcel 138 - 141 Lincoln Road for the purposes of zoning in 1990. 2 9. The applicant,Willis H Michaelson, does not yet own the parcel. Given that fact, the property does not present financial hardship to the applicant. However that fact might establish a financial hardship to the owners,JMS Realty Trust,Joseph C. &Anne Centrella Trustees. 10. No variance conditions as required under MGL Section 10 have been presented to the Board. Although a financial hardship may exist for the owners, it does not exist for the applicant before the Board. No unique conditions exist that affect this lot. The vote was as follows: AYE: Daniel M. Creedon, Gail Nightingale, Richard L. Boy,Thomas DeRiemer, and Ron S.Jansson NAY: None Decision: Based on the findings of fact, a motion was duly made and seconded to grant the variance. The vote was as follows: AYE: None NAY: Daniel M. Creedon, Gail Nightingale, Richard L. Boy,Thomas DeRiemer, and Ron S.Jansson Ordered: Appeal 2001-51 has been denied. 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. Ron S. ans airman 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 day f finder t ains and enalties of perjury. Linda Hutchenrider,Town CLrk 3 Vol 0C, Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal2001-51 - Michaelson Variance to Section 3-1.1(5) Bulk Regulations,Minimum Lot Area Summary: Denied Petitioner: Willis H.Michaelson , Property Address: 9 Olander Drive,Hyannis,MA Assessor's Map/Parcel: Map 270,Parcel 143 . Zoning: Residential B and Aquifer Protection Overlay District Background: The property at issue is a vacant 0.58-acre parcel located at the intersection of Lincoln Road and Olander Drive in Hyannis. The locus is zoned Residential B which requires one acre of upland to be considered buildable. The petitioner has submitted a request for a variance to the minimum lot size to permit the undersized lot to be considered buildable.The one-acre minimum lot size for the district was established in 1985. The relief sought stems from a common ownership of three neighboring undersized lots (MGL Chapter 40A-Section 6). According to the Assessor's records,Joseph C. &Anne Centrella owned three adjoining lots in the area. • The subject locus, Parcel 143,was transferred to the Centrella's from a Sandra I. Gifford on May 15, 1986, by document C105943. That document also transferred Parcel 138 - 141 Lincoln Road-which was a 0.62- acre parcel developed with a 1,304 sq. ft. one-story single-family dwelling built in 1949. • On March 18, 1986, 23 Olander Drive,a 1.27-acre lot to the west of the subject site,was transferred to Joseph C. &Anne Centrella,by document C81086. It was transferred to a Phillip L. Spencer on December 15, 1995. 23 Olander Drive was developed in 1971 with a one-story 1,090 sq. ft. single-family dwelling. • On August 03, 1998,the Centrellas transferred Parcel 138 - 14.1 Lincoln Road-the 0.62 acre developed lot to a Trudi Sumner, Recorded Book 11611 page 196. • Parcel 143 - 9 Olander Drive-the locus of this appeal, the vacant undersized lot,was transferred in to JRM Realty Trust,Joseph Centrella and Ann Centrella Trustees, on November 22, 1989. Prior to 1985, the RB Zoning District required a minimum lot area of 10,000 sq. ft. On February 28, 1985, Town meeting amended the District Regulations requiring a minimum lot area of 1 acre. Procedural &Hearing Summary:, This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals 28, 2001. An extension of time for holding the.hearing and for filing of the decision was executed between ther� applicant and the Board. A public hearing before the Zoning Board of Appeals was duly advertised an d-fotices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened May 16,20B ;' hick time the Board found to deny the variance. Board Members deciding this appeal were Daniel M. Creedon, Gail Nightingale, Richard L. Boy,Thomas DeRiemer, and Ron S.Jansson. Attorney Peter Daigle represented the applicant who was also present as well as the owners of the property,Joseph C. &Anne Centrella. Mr. Daigle cited that this is the last remaining undeveloped parcel in the area. He noted that the lot was somewhat larger that surrounded developed parcels. He noted that the Centrella's owned-three abutting parcel. Two had been sold, the third remain vacant and is the subject of this appeal. The issue of standing was discussed and Mr. Daigle noted that he had included a copy of the Purchase and sales agreement is submitted with the package of materials presented.. Chairman Jansson asked Mr. Daigle what the Variance conditions existed on the lot. Mr. Daigle answered that the lot was not unique. He noted that the grant of the variance would result in a dwelling being built and increase taxes. He stated that to grant the variance would not be detrimental to the area. The public was invited to speak. Josh Carlino, an abutter from Lincoln Rd,voiced his opposition. Mrs. Centrella spoke on behalf of the appeal. She gave a history of their ownership of the lots. Findings of Fact: At the hearing of May 16, 2001,the Board found the following findings of fact: 1. In Appeal 2001-51,Willis H. Michaelson has applied for a Variance to Section 3-1.1(5) Bulk Regulations,Minimum Lot Area,to allow an undersized lot to be considered buildable under zoning. The property is shown on Assessor's Map 270, Parcel 143, and addressed as 9 Olander Drive, Hyannis, MA in a Residential B Zoning District. 2. The petitioner has submitted a request for a variance to the minimum lot size to permit the undersized lot to be considered buildable.The one acre minimum lot size for the district was established in 1985 3. According to the Town's Assessor's records, the parcel is owned by Joseph C. &Anne Centrella. According to the application the petitioner is Willis H.Michaelson. For standing, the applicant has submitted a copy of a Purchase and Sales Agreement.for the parcel. 4. The property is a vacant 0.58-acre parcel located at the intersection of Lincoln Road and Olander Drive in Hyannis. The locus is zoned Residential B which requires one acre of upland to be considered buildable. 5. The petitioner has submitted a request for a variance to the minimum lot size to permit the undersized lot to be considered buildable.The one-acre minimum lot size for the district was established in 1985. 6. The problem stems from a common ownership issue of neighboring undersized lots and their merger as required under MGL Chapter 40A-Section 6. 7. Prior to 1985, the RB Zoning District required a minimum lot area of 10,000 sq. ft. On February 28, 1985,Town meeting amended the District Regulations requiring a minimum lot area of 1 acre. 8. The zoning ordinance provided for a 5-year grandfathering of undersized lots. After 5 years,vacant adjoining undersized lots would be merged. The subject lot-Parcel 143 -9 Olander Drive would have, merged with the developed undersized Parcel 138 - 141 Lincoln Road for the purposes of zoning in 1990. 2 f 9. The applicant,Willis H Michaelson, does not yet own the parcel. Given that fact, the property does not applicant. However that fact might establish a financial hardship present financial hardship to the app gh p to the owners,JMS Realty Trust,Joseph C. &Anne Centrella Trustees. 10. No variance conditions as required under MGL Section 10 have been presented to the Board. Although a financial hardship may exist for the owners, it does not exist for the applicant before the Board. No unique conditions exist that affect this lot. The vote was as follows: AYE: Daniel M. Creedon, Gail Nightingale, Richard L. Boy,Thomas DeRiemer, and Ron S.Jansson NAY: None Decision: Based on the findings of fact, a motion was duly made and seconded to grant the variance. The vote was as follows: AYE: None NAY: Daniel M. Creedon, Gail Nightingale, Richard L. Boy,Thomas DeRiemer, and Ron S.Jansson Ordered: Appeal 2001-51 has been denied. 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. S 3a o Ron S. ans airman 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. f nalti f I..,r-X . Signed and sealed this% day f CI nder a�ns and a es o p��u y Linda Hutchenrider,Town Clerk 3