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0242 ROLLING HITCH ROAD
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WAS 210,0� Nutter Patrick M.Butler Direct Line: 508-790-5407 Fax: 508-771-8079 E-mail: pbutler@nutter.com MEMORANDUM November 27, 2007 #104921-1 TO: Tom Perry, Building Commissioner CC: Charles McLaughlin, Town A ey Mr. and Mrs. Thorn asMcDozia-ld FROM: Patrick M. Butler RE: McDonald - 242 & 244 Rolling Hitch Lane, Centerville Remand Appeal 2004-143 This memorandum will serve to confirm that this office has conferred with the Town" Attorney's office with reference to the above remand appeal. Based upon the information presented in our memorandum to the Zoning Board of Appeals dated September 19, 2007, in conjunction with the review by the Town Attorney's office and the submission of the Affidavit of David A. Sauro dated November 14, 2007 (copy enclosed), it is our understanding that based upon Finding No. 3 in the Zoning Board's decision dated December 21, 2004 together with the additional information submitted upon remand (including the enclosed Affidavit), that the lots in question (242 Rolling Hitch Lane [Barnstable Assessor's Map 193, Lot 239] and 244 Rolling Hitch Lane [Barnstable Assessor's Map 193, Lot 240]) have not merged and had , grandfathering protection such that the property at 242 Rolling Hitch Lane has been and remains a separate buildable lot. It is the purpose of this memorandum to confirm the foregoing in order to allow for me to record the Affidavit at the Barnstable County Registry of Deeds in accordance with the Town Attorney's suggestion, as well as to dismiss the pending Superior Court matter, with prejudice. Would you kindly confirm the foregoing by signing and returning to me the enclosed copy of this memorandum in duplicate. I will forward an original copy to the Town Attorney's office for their file. Nutter McClennen&Fish LLP' ■.Attorneys at Law 1513 lyannough Road,P.O.Box 1630 ■ Hyannis,MA 02601-1630 ■ 508-790-5400 ■ Fax:508-771-8079 ■ www.nuffer.com Tom Perry, Building Commissioner November 27, 2007 Page 2 R Thank you for your assistance in this matter. } PMB:cam Enclosures ' Receipt aclmowledgedrreed: Thomas Perry, Building Co issio er 1686430.1 CERTIFICATE I, Patrick M. Butler, Esq., hereby certify that I am an attorney with the law firm Nutter McClennen & Fish, LLP, located at 1513 Iyannough Road, Hyannis, Massachusetts, and that the facts stated in the foregoing Affidavit of David A. Sauro, are relevant to the title to the premises held in certain trusts therein described, located at 242 and 244 Rolling Hitch Road, Centerville, Massachusetts, and will be of benefit and assistance in clarifying the chain of title thereto. \ i P ick M. Butler, Esq. 1686324.1 f r Town of Barnstable :UMMOTABUI Zoning Board of Appeals Gail Nightingale- Chairman u,'ea+•�� 200 Main Street,Hyannis,Massachusetts 02601 Phone(508)862-4785 Fax(508)862-4725 Growth Management Department 367 Main Street,Hyannis,MA 02601 Ruth J.Weil-.Director September 27, 2007 Thomas Perry— Building Commissioner Regulatory Services— Building Division 200 Main Street Hyannis, MA 02601 RE: ZBA Remand Appeal 2004-143 -Thomas F. McDonald and Patricia S. McDonald - 242 & 244 Rolling Hitch Lane, Centerville, MA-Assessor's Map 193 Parcels 239 and 240. Dear Commissioner Perry, The above referenced appeal is on remand with the Zoning Board of Appeals. This remand is narrowly limited to new information which was presented recently to the Board at the hearing of September 26, 2007. The new information makes an argument that the subject lots have not merged; therefore, no relief is necessary. The conclusion being, the vacant lot constitutes a pre- existing legally created nonconforming undersized lot that is buildable under zoning and as-of- right. Given the nature of the argument, Board members agreed that initial responsibility to evaluate and determine the argument for a pre-existing legally created nonconforming undersized buildable lot as-of-right rests with you office. Therefore, the Board is requesting that you review and make a determination on this specific issue as your decision may pegate any request made to this Board. have enclosed a copy of a memorandum dated September 19, 2007, from Attorney Patrick M. Butler to the Board on the issue as well as a copy of the Staff Report. Should you need any additional materials please do not hesitate to request them. The Board has also instructed Attorney Butler to provide any additional information to make this case to your Office. The Board has requested that your reasoning and ruling be submitted to the Board for their edification regarding this issue. The appeal was continued to November 7, 2007. On behalf of the Board, let me thank you and your office for its assistance. R spectfully, Arth r P. T aczyk- Principal Planner File: ZBA Correspondence 2007—"L-092707-Perry on Remand 2004-143 McDonald.doc" copy: Gail Nightingale—Chairman-Zoning Board of Appeals Ruth Weil'-Director—Growth Management Department Attorney Patrick M.Butler—Nutter,Mcclennen&Fish,LLP,P.O.Box 1630,Hyannis,MA 02601 ZBA File Remand Appeal 2004-143 McDonald 1 1 y t r l �` 1 ---- i Nutter Patrick M. Butler Direct Line: 508-790-5407 Fax: 508-771-8079 E-mail: pbutler@nutter.com MEMORANDUM December 5, 2007 #104921-1 TO: Tom Perry FROM: Patrick M. Butler RE: 242 Rolling Hitch Road, Centerville, MA o? Tom, Enclosed please find a copy of the Stipulation of Dismissal filed with the Barnstable Superior Court as well as a copy of the recorded Affidavit filed with the Registry of Deeds in accordance with our prior discussions. Thank you for your assistance on this matter. PMB:cam Enclosures 1688621.1 91 :Qi �iwv 9-- 930 HUI NUTTER McCLENNEN & FISH LLP • ATTORNEYS AT LAW 1513 Iyannough Road • P.O. Box 1630 • Hyannis, Massachusetts 02601-1630. 508-790-5400• Fax: 508-771-8079 www.nutter.com Nutter * ' Sarah H:Manning Direct Line: 508-790-5445 Fax: 50.8-771-8079 E-mail: smanning@nutter.com November 29, 2007 104921-1 - Scott W. Nickerson, Clerk Barnstable Superior.Court ; Courthouse 3195 Main Street ' P.O. Box 425 Barnstable, MA 02630 . P Re: Thomas F. McDonald and Patricia S. McDonald v. Ron S. Jansson, Randolph Childs, Gail Nightingale, Ralph Copeland and Sheila Geiler, as they are Members of Barnstable Zoning Board of Appeals Barnstable Superior Court 05-06 Dear Scott: Enclosed herewith please find a Stipulation of Dismissal signed by all parties in connection with the above-referenced matter. Kindly file and docket same. Very truly yours, Sarah H. Manning �^ SHM:cmf Enclosure cc: Charles S. McLaughlin, Jr., Esq. Patrick M. Butler, Esq. Thomas F. McDonald 1687330.1 NUTTER M.cCLENNEN &FISH LLP • ATTORNEYS AT LAW 1513 lyannough Road ® P.O. Box,1630 • Hyannis, Massachusetts 02601-1630• 508-790-5400• Fax: 508471-8079 www.nutter.com COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. SUPERIOR COURT CIVIL ACTION NO. 05-06 THOMAS F. McDONALD and ) PATRICIA S. McDONALD ) Plaintiffs, ) V. ) F RON S. JANSSON, RANDOLPH CHILDS, ) GAIL NIGHTINGALE, RALPH COPELAND ) " and SHEILA GEILER, as they are Members of ) s TOWN OF BARNSTABLE ZONING BOARD ) OF APPEALS, ) Defendants. ) ' STIPULATION.OF DISMISSAL Now come the parties in the above-referenced matter and hereby stipulate that all claims between the parties, including the above-referenced matter,are dismissed with prejudice and without costs and that all rights of appeal are hereby waived. Respectfully submitted, Plaintiffs, Defendants, By their By their Attorney, t Patrick Butler(BBO #068100) Charles S. McLaughlin, Jr, Sarah H. Manning (BBO #559713) Assistant Town Attorney ` NUTTER, McCLENNEN.& FISH, LLP TOWN OF BARNSTABLE - 1513 Iyannough Road, P.O. Box 1630 367 Main Street Hyannis, MA 02601 Hyannis, MA 02601 (508) 790-5400 (508) 862-4620 Dated: November 2007 r 1687318.1 AFFIDAVIT I, David A. Sauro, of Centerville, Massachusetts, hereby state and depose as follows: 1. My name is David A. Sauro"and I am a resident of the Town of Barnstable, Massachusetts. 2. 1 have served as the Trustee of the David Family Trust under Declaration of Trust dated March 7, 1985, recorded with the Barnstable County Registry of Deeds in Book 4441, Page 298 (the "David Family Trust', and the David Building Trust under Declaration of Trust,dated February 12, 1982, recorded with the Barnstable County Registry of Deeds (the "Registry's in Book 3442, Page 292, as amended on January 18; 1983 by an Amendment of Trust recorded with the Registry in Book 3656, Page 257 (the 'David Building Trust"). 3. I have served as the sole Trustee of both the David Family Trust and the David Building Trust since the inception,of the respective trusts.and the recording of the declarations.of trust as noted above: 4. The beneficial interest holders of the David Building Trust were, at all times, as follows: ■ David A. Sauro: 50%; and ■ Janice L. Sauro: 50%. 5. The beneficial interest holders of the David Family Trust were, at all times, as follows: ■ Jill Marie Sauro: 33%; and ■ Lauren Antico Sauro 33%; and ■ Maia Jean Sauro: 33%. 6. At no time during the existence of either trust did both trusts have the same beneficial interest holders. t Signed under the pains and penalties of perjury this�`�day of November, 2007. David A. Sauro i COMMONWEALTH OF MASSACHUSETfS Barnstable, ss. November Y , 2007. . On this day of �� 2007, before me, the undersigned notary public, personally appeared David A. Sauro,.proved to me through satisfactory. ..evidence of identification, which was _ , to be the person whose name is signed on the preceding or attached document in my presence. Note , ublic My Commission expires: o( � — 1681901/1 ti E A r t ' - - 2 _ AFFIDAVIT PURSUANT TO M.G.L.�c 183, § 5B I, Patrick M. Butler, of Centerville, Massachusetts, do hereby state and attest to the ; following facts which are relevant to the title of land known as 242 and 244 Rolling Hitch Lane, Centerville, Massachusetts (the "Property"); I am an attorney at law (BBO #068100) licensed to practice in the Commonwealth of Massachusetts, and am a partner with the law firm of Nutter, McClennen & Fish, LLP, 1513 Iyannough Road, Hyannis, MA 02601. The attached Affidavit is submitted in accordance with the provisions of Massachusetts General Laws, Chapter 183, §5B in that the foregoing facts are relevant to the title of the Property and will be of benefit and assistance in clarifying the chain of such title. Signed under the penalties of perjury this 36 day of f�ov,�;-/' ,`2007. Patrick M. Butler . COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. -Date: 4� On this , of ,(� 2007, before me, the undersigned notary public, personally appeared Patrick M. Butler, proved to me through satisfactory evidence of identification, which was nve_,Cn,c..f,Z to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public: My Commission Expires:, R 1687675.1 { N to ,fib xa3 - Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2004-143—McDonald Variance Section 3-1.3(5) Bulk Regulations,Minimum Lot Area To divide two undersized merged lots Summary: Not Granted Petitioner: Thomas F.McDonald and Patricia S.McDonald Property Address: 242 and 244 Rolling Hitch Lane,Centerville MA Assessor's Map/Parcel: Map 193,Parcels 239&240 Zoning: Residence C Zoning District Background&Review: In Appeal 2004-143, the applicant is seeking a Bulk Variance to permit two undersized merged lots to be considered separate buildable lots. The subject two lots are addressed 242_and.2.4_4 Rolling i itch Lane Centerville MA: The two lots were originally created by a Subdivision Plan, endorsed by the Planning Board in 1986 and recorded at the Barnstable Registry of Deeds in Plan Book 386,page 27. The lots were subsequently readjusted through an Approval Not Required(ANR)plan endorsed by the Planning Board in December of 1993 and recorded at the Barnstable Registry of Deeds in Plan Book 500,page 31. Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on September 14,2004. 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 October 27, 2004 and continued to December 08,2004,at which time the Board made a motion to grant the Variance,however, that motion did not carry and therefore the appeal was not granted. Board Members deciding this appeal were,Ralph Copeland, Sheila Geiler,Gail Nightingale,Randolph Childs and Acting Chairman Ron S. Jansson. At the December 8`s continuance,Attorney Patrick M.Butler represented the applicants before the Board who were also present. Mr.Butler explained that the Variance was being requested to correct a technicality in a prior adjustment to the lots that cause the two undersized lots to merge. He further explained that the applicants seek to sell the developed lot and then build a new modest dwelling on the other merged vacant lot if the Variance is granted. That new dwelling would conform to all of the setback requirements and no other relief is being sought other than to"un-merge"the undersized lots by variance to minimum lot area. Mr. Butler noted past applications to the Board on the property had sought to un-merge the lots.However those were unsuccessful. He stated that conditions had changed from that time and many of the neighbors favored the grant of the Variance. He presented the history of the ownership of the lots noting that the applicant purchased the house lot from David A Sauro Trustee of David Family Trust in 1985. The vacant undersized lot was acquired form the Cape Cod Bank and Trust Company for$10,000 in 2000. The house lot was purchased by Thomas F. McDonald and Patricia S. McDonald and the vacant lot by Thomas F. McDonald only. i Mr.Butler addressed the variance conditions citing that the irregular shape of the lot and topography of the lot justified the grant of the Variance. The Board questioned if those conditions relate to the nature of the Variance being sought which is one of lot area. The Board noting the ANR plan created the shape of the lot as it now exists and the topography is similar to other lots in the area. It was also noted that most of the lots to the north and south of the locus were much larger in area that the subject lot. The Board questioned if the intent of the purchase of the non-buildable lot in 2000 for$10,000 was done to enhance the existing lot. Mr.Butler argued that the Board can be flexible in its application and extent of granting.a Variance on the lot due to the situation before them. It was noted that two letters were submitted by the applicant in support of the application. They were from Mrs. Miriam Loiselle of 246 Rolling Hitch Road and Catherine and John Nugnes of 235 Rolling Hitch Road. Public comment was requested and Thomas Vander Voort of 209 Rolling Hitch Road; and Diane Parvin, 151 Rolling Hitch Road spoke in support of the Variance. t Findings of Fact: At the hearing of December 08, 2004,the Board by a split vote of three to two made the following findings of fact: 1. Appeal 2004-143 is that of Thomas F. McDonald and Patricia S.McDonald seeking a Variance to Section 3-1.3(5)Bulk-Regulations,Minimum Lot Area to divide two undersized merged lots. The subject lots are addressed 242 and 244 Rolling Hitch Lane, Centerville,MA as shown on Assessor's Map 193 as parcels 239 and 240. The property is in a Residence C Zoning District. 2. The two lots are accessed from Rolling Hitch Lane,Centerville MA. The two lots were originally created by a Subdivision Plan,endorsed by the Planning Board in 1986 and recorded at the Barnstable Registry of Deeds in Plan Book 386,page 27. The lots were subsequently readjusted through an Approval Not Required(ANR)plan endorsed by the Planning Board in December of 1993 and recorded at the Barnstable Registry of Deeds in Plan Book 500,page 31. 3. Prior to the 1985 town wide One-acre Minimum Lot area enacted by Article 1 approved February 28, 1985,Residence C required 15,000 sq.ft.Lot minimum Areas. The 1986 endorsed subdivision plan is assumed to have been initiated prior to the increase in lot area and was therefore grandfathered from the 1985 one-acre requirement. That subdivision Plan would have been protected for 8 years from the increase as provided for in MGL Chapter 40A, Section 6. That grandfathering would have expired in 1994. , 4. The 1993 ANR Plan that reconfigured the subject,lots does not constitute any grandfathering with respect to dimensional requirements. Technically,that plan could not be used to create any new buildable lot without meeting all of the then applicable bulk regulations(one-acre minimum lot area); or in the option securing Variances to the undersized lot. The two-acre minimum lot area was imposed over this area of the Town with the adoption of the Resource Protection Overlay District in October of 2000. 5. In consideration for the Variance, the shape and topography of the lot establish Variance conditions that affect the locus. 6. A literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship financial or otherwise to the petitioner and 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 with proper conditions imposed. 2 The vote was as follows: AYE: Randolph Childs, Sheila Geiler, Gail Nightingale NAY: Ralph Copeland,Ron S. Jansson Decision: Based on the findings of fact,a motion was duly made and seconded to grant the appeal with the following conditions: 1. Division of the merged lots shall be as shown on an Approval Not Required(ANR)plan endorsed by,the Planning Board in December of 1993 and recorded at the Barnstable Registry of Deeds in Plan Book 500,page 31. 2. Development of the lot shall conform to all applicable setback regulation for the district and is limited to no more than 1,600 sq.ft. of living area. '3. The on-site septic system shall conform to all applicable Health regulations without variances from the Board of Health. The vvoote was.as_follows: AYE Randolph=Childs,Sheila Geiler, Gail Nightingale NAY: G pli Copeland;Ron S.Jansson Mr. Copeland and Mr. Jansson cited that they voted in the negative as there was a self-imposed hardship in this instance and that the Petitioners have not demonstrated variance conditions under Chapter 40A Section 10. Ordered: Appeal 2004-143 did not carry as four positive votes are required to grant relief therefore this Appeal is not granted. 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. � t I Ron S. Janss , cting Chairman 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 of under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 3 Proof of Publication b i R T .q y. f X- TOWN OF B/ARN$'TABLONING BOARD OF APPEALS; 11IOTICE OF,PUBLIC HE ZEARING NING - _ `OCTt?�ER 27� 200r4 c To all persons interested in or-'affected'bytFie Zoning Board af`Appealskunder Sectron 11 ofChapter90A of Elie General Gawsrof the�Cpmmonwealth of Massachusetts antl all amendrnent�thereto'you are Hereby rfotihed that � >` `- 7Carty = �'� n sp►pPeal 2004 4r41 R - Jotn and i_ucy Carty have applied fora Fam+ly Apartment Spec+al Perm+t m accordancewdh Section t'.1 (3)(D)-of the Zoning Orcl+nance sto aQow'for a 756 sq ft ,apartment and tlevelopeda6oveadetachedgaragetofjeusedasafamilyapartment The propgrty!siocated as"shown on`Assessor s Map,297 Parcel 070 addressed 49 Acre Hill Roatl Barnstable MA q In a Resdenhat RP 1 Zornng D+s#nct Appeal 2004 142 7 7Q P M Lebbe Rccharslson ` tl aura Labbe Pochard"son has applied for a Family Apartment Special Perm+t`in accordance rwth Sectlon"3 t t{33(D)of tFe Zoning Ordinance The appLcant is seeWng to convert the Faffached 29 by 24 toot garage to a�amilyapartrrien#unit The property+s located as shown Sn.;Asessar s Map:310�arcef 165 address71. ed 101 Grove Street Hyannis MA sn a Residence B'Zornng D+stnct 5 7 20 P M McDonald Appeal 2004 143 Thomas F`McDonald and Patric+a S tiAcDonaltl i-K applied for a variance to Sectson 3 13(5)Bulfi: egulations M+rtirnum i ot,Area to dndde two undersized merged lots Each of wt+ch+s to be a core tdered aseparate twldabie lot�uner zon+rg The subfect lots are addressed 242�antl 244 Rpil�ng Hitch Lene�Ce'nterv+�le fvlA as shows on Assessor s Map�t93 psparoels239 and 240jhe p5ropercy-fs in a Residence C ZoningsD+stnct i A a12a04-144 }� - 7i30 P M Bolduc af� � ' F 3t Rna�d P.Bolduc hasapplsetl for a vananc�e to S;ecbon 3 4(5)Buik Requirement£M+n+mum Yard Setback to allow far the depmerst cif a detached 20 by 28 foot Sarage tobe looted -4;�. t u with+n tho regwi ed side yaresetback The property+s{oCated as shown on Assessor s Map t 2 f es parcel 005 addressed265 O&terv+ite West BamstTable Roa�Marstons Mils MAln e;Res+derttlai"`F Zan+ng D+strietr��,�:-Y � �f �t ��. These Pu51+e Heartngs w+il beheld at Elie Bamstable Town Hall67 Main Street Hyanns,_ N1A Heanrig Room Intl Rr Wetlnestlay October 27=2004 Plans and eppUcat+gns may b revrerived at the Planning Dlvislon_Zornng Board of Appeals OFfioe T[iwn Offices 200` Main Street Hyannis MA _ � WNY � u, Daniel tvl Oreedon III Cfia+rman NO Zoning Board of Appeals: L Qctober B and Ocfoberl5 2004 ,�. - S �� .� l 1 `-emu K - ( L(3 Parcels within 300' of Map 193 Parcels 239 and 240 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 9/23/2004 Mappar Ownerl Owner2 Address 1 Address 2 City State Zip Country 192207 HURLEY,STEPHEN F&SARAH C 25 JUDITH EVE CENTERVILLE MA 02632 USA LN 193066 COOK,DAVID 30 CROCKETT �STOUGHTON MA �12172 USA ST 193068 ERICKSON,ROBERT F&VIRGINIAT 26 MASTHEAD CENTERVILLE �MA 02632 USA M �LN 193069 STEWART,HARVEY H&ELISA A 14 MASTHEAD CENTERVILLE ]"2 USA • LN 193070 SULLIVAN,JANET M TR 236 ROLLING CENTERVILLE MA 02632 USA HITCH RD 193071 NUGNES,JOHN A "ARINE P NUGNES 235 ROLLING CENTERVILLE MA 02632 USA HITCH RD 193072 ISWARTZ,RALPH G&CAROLE B SWARTZ REAL ESTATE TRUST 223 ROLLING CENTERVILLE �MA 02632 USA TRS HITCH ROAD 193073 VANDER VOORT,THOMAS D : VANDER VOORT,MARCIA B 209 ROLLING CENTERVILLE MA 02632 JUSA HITCH RD 193116 SIEMENSKI,STEPHEN J& SCHILLING,ERIKA A 50 OXNER RD CENTERVILLE MA 02632 193117 CAMPBELL,NEIL P& CAMPBELL,SUZANNE R 30 OXNER RD CENTERVILLE �MA 02632 USA 193118 RIORDAN,ROBERTA J& RIORDAN,JAMES A&SONJA J 264 CAPN CENTERVILLE MA 02632 LIJAH'S RD 193120 HIGGINS,JAMES W&COLLEEN T4 OXNER RD CENTERVILLE MA 02632 USA 193121 ISHAFROTH,JOHN F 21 OXNER RD CENTERVILLE IMA 02632 193122 COSBY,JOHN F&MILD RED TRS 33 OXNER RD CENTERVILLE MA 02632 JUSA 193123 MCNAMARA,VIRGINIA M 41 OXNER RD CENTERVILLE MA 02632 USA 193124 MCCABE,THOMAS J&STELLA %LILIE,CORINNE 97 GREAT S YARMOUTH MA 102664 USA . WESTERN RD 193215 GOLDMAN,DAVID - 75 RIVERVIEW CENTERVILLE MA 02632 USA LANE ���777 Friday,September 24,2004 Page 1 of 2 AA,- `(3 Mappar Ownerl Owner2 Address 1 Address 2 City State Zip Country 193216 GOLDMAN,DAVID JOANNE S GOLDMAN 75 RIVERVIEW CENTERVILLE MA �02632 USA LANE 193217 GOLDMAN,DAVID 75 RIVERVIEW CENTERVILLE MA �02632 USA LANE 193218 GOLDMAN,JOANNE S 75 RIVERVIEW CENTERVILLE IMA �02632 USA LANE 193219 GOLDMAN,JOANNE S 75 RIVERVIEW CENTERVILLE MA 02632 USA LANE 193220 GOLDMAN,DAVID JOANNE S GOLDMAN 75 RIVERVIEW CENTERVILLE MA 02632 USA LANE 193221 GOLDMAN,JOANNE S 75 RIVERVIEW CENTERVILLE MA 02632 USA LANE 193222 GOLDMAN,DAVID T 75 RIVERVIEW CENTERVILLE MA 02632 7SA LANE 193223 GOLDMAN,JOANNE S T75 RIVERVIEW CENTERVILLE �MA �02632 USA . LANE 193226 CASTIELLO,THOMAS&FRANCES 1 525 OVERLAND ORANGE CT �06477 USA DRIVE ' 193227 DELANEY,MARK A. DELANEY,LAURA L. 53 HIGH NOON CENTERVILLE MA �02632 DRIVE 193228 BROWN,DAVID B 15 JUDITH EVE CENTERVILLE MA �02632 USA LANE 193233 SWARTZ,RALPH G&CAROLE B. 223 ROLLING CENTERVILLE �MA �02632 USA HITCH RD 193239 MCDONALD,THOMAS F PO BOX 293 CENTERVILLE �MA �02632 193240 MCDONALD,THOMAS F& MCDONALD,PATRICIA P O BOX 293 CENTERVILLE MA �02632 USA 193241 LOISELLE,JAMES E& GRILLO,MIRIAM G 246 ROLLING CENTERVILLE IMA �02632 USA HITCH ROAD 193242 WILLIAMS,KIRK D&EMI_LY D �41 HAVILAND CENTERVILLE �MA �02632 WAY I93243 SHAFROTH,JOHN F 21 OXNER RD CENTERVILLE MA �02632 USA 193244 PALMISANO,ROGER&CRYSTAL 14720 KOGAN �WOODBRIDGE VA �22193 USA DR 193245 WILLIAMS,BETTY L 27 HAVILAND CENTERVILLE MA 02632 USA E * WAY 193247 SYLVIA,MATTHEW&SHIELA 15 HILLSIDE CENTERVILLE MA �02632 USA DRIVE Friday,September 24,2004 Page 2 of 2 Proof of Publication s6 LEGAL NOTICES IM � � , �� x i1 S AM- - � - } Sl a-a z � c � � , 1 all'pF `�.31 s fs` # i �aaasettd � c2t1'�edd{ 1+,?thef�t9: -a�'e &re6y a Iwx `r 5ig � �•��1 QVl`l��a�iS - u ,T• 1 F; .:y8 ( � _F :="�n��a 'G tiC"3� �x .j�j'.;,,'E�Y+•+C1ih, ss}Ni JfJC� [lC��rty. 8�[4IOf 8 �T1� ' r a�i r�z� � fF,enir� d�nat�c �to�a � fii evetoa_JatveaTta3 ara9e3°iuseaa yy A Y i 'has_stip"nansssa�' 7sPace1,07 n a��rat HF 1 �1ng(ist 0- p M tbFi � earsO S'APt fdr e u�3 Labtse-fbcWs�Md P!s -,fM- ' c� R - � tFr aecticXr t t9)t{�)nt#ti r�9 insn . a IIcacttAJ09-4kar�§t�5 anuextNie ttaats +7� r a to& m�lysp rtm �.iOM ►sic3cete�f�s f av t nn3s �V1A to �sidetA�st�Ct F- � x= Ilic[1atif � WIN 1Ed '. 4;�i5J�3ti1kl�eguletitins,�Nin i�Area t�!dyldergLtsders��d_ ed�oi�s _ h of-. te,ba �o g" d � ri7a Via: g �3 ld eu �eeads wMt#3e01 d ehe� ebe �t�-Nkvntre ? s WAc RM Y+le�r+ days Oc;°67 �f �n � f�j�ip w_ at-f Mant�uI7�ris�n�` � afi ls�f#ice�� �s IY�Q�rT,ou et3 ya J - 4Z Vl— '� a'RA'i.He's` Kxst_ n-C'- .- 43u � - l �(3 Parcels within 300' of Map 193 Parcels 239 and 240 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 9/23/2004 Mappar Ownerl Owner2 Address 1 Address 2 City State Zip Country 192207 HURLEY,STEPHEN F&SARAH C 25 JUDITH EVE CENTERVILLE MA 02632 USA ILN 193066 COOK DAVID 30 CROCKETT STOUGHTON MA 102072 USA ST 193068 ERICKSON,ROBERT F&VIRGINIA 26 MASTHEAD CENTERVILLE IMA 02632 USA M LN 193069 STEWART,HARVEY H&ELISA A 14 MASTHEAD CENTERVILLE �MA 02632 USA LN 193070 SU JANET M TR 236 ROLLING CENTERVILLE IMA 02632 JUSA- LLIVAN, IHITCH RD 193071 NUGNES,JOHN A CATHERINE P NUGNES 231 ROLLING CENTERVILLE IMA 02632 JUSA HITCH RD 193072 SWARTZ,RALPH G&CAROLE"ARTZ REAL ESTATE TRUST 223 ROLLING CENTERVILLE MA 02632 USA ITRS HITCH ROAD 193073 VANDER VOORT,THOMAS D VANDER VOORT,MARCIA B 209 ROLLING CENTERVILLE MA 02632 USA —7 HITCH RD 193116 SI,MENSKI,STEPHEN J& SCHILLING,ERIKA A 50 OXNER RD CENTERVILLE �MA 02632 193117 CAMPBELL,NEIL P& CAMPBELL,SUZANNE R 30 OXNER RD ]CENTERVILLE MA 02632 USA 193118 RIORDAN,ROBERTA J& RIORDAN,JAMES A&SONJA J 264 CAPN CENTERVILLE MA 02632 LIJAITS RD 193120 HIGGINS,JAMES W&COLLEEN 4 OXNER RD CENTERVILLE MA 02632 USA 193121 SHAFROTH,JOHN F 21 OXNER RD CENTERVILLE IMA 02632 193122 ICOSBY,JOHN F&MILDRED TRS 33 OXNER RD CENTERVILLE IMA 02632 JUSA 193123 MCNAMARA,VIRGINIA M 41 OXNER RD CENTERVILLE MA 02632 USA 193124 MCCABE,THOMAS J&STELLA %L[LIE,CORINNE 97 GREAT IS YARMOUTH MA 102664 USA WESTERN RD 193215 GOLDMAN,DAVID 75 RIVERVIEW CENTERVILLE MA 02632 USA l� LANE % 1 ���VVV Friday,September 24,2004 Page 1 of 2 LU Mappar Ownerl Owner2 Address 1 Address 2 City State Zip Country 193216 GOLDMAN,DAVID JOANNE S GOLDMAN 75 RIVERVIEW CENTERVILLE MA 02632 USA r" LANE 193217 GOLDMAN,DAVID 75 RIVERVIEW CENTERVILLE MA 02632 USA LANE 193218 GOLDMAN,JOANNE S 75 RIVERVIEW CENTERVILLE MA 02632 USA LANE 193219 GOLDMAN,JOANNE S 75 RIVERVIEW CENTERVILLE IMA 02632 USA LANE 193220 GOLDMAN,DAVID JOANNE S GOLDMAN 75 RIVERVIEW CENTERVILLE MA 02632 USA LANE 193221 GOLDMAN,JOANNE S 75 RIVERVIEW JCENTERVILL!::::]!���A � LANE 193222 GOLDMAN,DAVID 75 RIVERVIEW CENTERVILLE ]MA 02632 USA LANE 193223 GOLDMAN,JOANNE S T 75 RIVERVIEW CENTERVILLE IMA 102632 USA LANE 193226 CASTIELLO,THOMAS&FRANCES 525 OVERLAND ORANGE CT �0, USA DRIVE 1 ::1 193227 DELANEY,MARK A. DELANEY,I-AURA L. 53 HIGH NOON CENTERVILLE ]MA 02632 DRIVE 193228 BROWN,DAVID B 15 JUDITH EVE CENTERVILLE MA 02632 USA LANE 193233 SWARTZ,RALPH G&CAROLE B 223 ROLLING CENTERVILLE MA �0:632 USA HITCH RD 193239 MCDONALD,THOMAS F PO BOX 293 CENTERVILLE MA 02632 193240 MCDONALD,THOMAS F& MCDONALD,PATRICIA IP O BOX 293 CENTERVILLE IMA 02632 JUSA , 193241 LOISELLE,JAMES E& GRILLO,MIRIAM G 246 ROLLING CENTERVILLE MA �02612 193241 LOISELLE,JAMES E& —T�U USA �HITCH ROAD 193242 WILLIAMS,KIRK D&EMILY D 41 HAVILAND CENTERVILLE IMA 102632 WAY ' 193243 SHAFROTH,JOHN F 21 OXNER RD CENTERVILLE MA 02632 USA 193244 PALMISANO,ROGER&CRYSTAL 14720 KOGAN WOODBRIDGE IVA 122193 USA DR 193245 WILLIAMS,BETTY L 27 HAVILAND CENTERVILLE ]MA �02632 USA WAY 193247 SYLVIA,MATTHEW&SHIELA 15 HILLSIDE CENTERVILLE MA 02632 USA DRIVE Friday,September 24,2004 Page 2 of 2 �� a'�,'=; 2 � r BARN'►�dPJ CLERK STABLE PNS: NAM � ; •�� Zt03 .Ufa —4 PM 2- 18 .Town of Barnstable Zoning Board of Appeals- Decision and Notice Dupont Appeal 2003-70—Appeals of the Building Commissioner Undersized lots under separate control/ownership Summary: Overruled Building Commissioner Petitioner: Roger Dupont Property Address: 6 Conant Lane&43 Three Ponds Drive,Centerville,MA Assessor's Map/Parcel: Map 193 as Parcels 186 and 185 Zoning: Residential C Zoning District Relief Requested&Background: Appeals 2003-70 and 71 are dealing with the subject of merger of adjoining undersized lots. The subject lots are both 0.35-acres in size. • Parcel 183 (Developer's Lot No.41)is developed with a one-story,three-bedroom, 1,632 sq.ft.single- faJbilydwelling,built in 1978 and is addressed 43 Three Ponds Drive. • Parcel 186(Developer's Lot No.40)is vacant and is addressed as 6 Conant Lane. The lots were created by 1976 subdivision plan,recorded in Book 558,Page 114. The lots met the zoning requirements,of the Residence C Zoning District when created. Those requirements remained unchanged until 1985 with the adoption of one=acre minimu nlot'area.forall zoning districts in the Town. Roger A.Dupont and Diane J.Dupont,husband and wife,purchased developer's-Lot 41 on March 16, 1979.. Rodger A.Dupont purchased developer's Lot 40,on May25, 1979. - C+n February4,2003,the applicant,through his attorney,W John F.Thibbitts requested a Zoning Compliance Certificate from the Budding Commissioner with reference to the buildability of the vacant parcel addressed as 6 Conant Lane,Centerville. Included with that letter was a review of the ownership of the abutting lots and attached documents. On February 11,2003 and again by certified mail on March 11,2003,the Building Commissioner issued his opinion that"because lot 41 is owned byhusband and wife and lot 40 is owned bythe husband,Roger Dupont had control of both of the lots. Therefore,the lots have not been held in separate ownership or in separated control." In accordance with MGL Section 6,the lot 40 would therefore have merged after five years froni the 1985 zoning change.with lot.41 and the two would be considered as one developed lot for zoning purposes. On Apra 10,2003,the March 11,2003 decision of the Building Commissioner was appealed to the Board. That appeal was taken in a timelyfashion as prescribed in section 15 of MGL Chapter 40A. The essence of the Building Commissioner's denial was based upon the term"control" Section 4-4.2(5) of the Town of Barnstable Zoning Ordinance states: "5)Merged Lots: Except as otheiwise provided herein,lawfiullynonconforming lots that are adjoining and held in common ownership,or under the control of the same owner,shall be treated so as to - i conform so far as possible with the minimum area requirement of the zoning district in which they are located." A memorandum in support of the applicant's appeal of the Building Commissioner was submitted. In that' memorandum,the applicant is contending that the parcel is protected in two instances. The first being Section 4-4.2(5)in that the word"control" is further modified by the words "of the same owner." The second point being made is with reference to Section 4-4.2 (2) and the so-called`vesting'language that reads: "The protection Afforded bythis paragraph shall become vested upon the sale or transfer of the lot so protected into ownership Karate from that of adjoining lots or the building thereon of a residence." In this instance,the reasoning is that a dwelling was constructed on one of the lots and that this language then would protect the adjoining vacant lot from merger with the house lot. The above determination is the substance of which is Appeal 2003-70,the appeal of the Decision of the Building Commissioner. In his decision,the Commissioner contends that two adjoining undersized lots are under common control and therefore would have merged for the purposes of zoning. Procedural&Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on April 10- 2003. 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 May21,2003 at which time the Board found that the two lots were in separate ownership and to overrule the Building Commissioner's decisions. Board ldembers deciding this appeal were;Ron S.Jansson,Gard Nightingale;Richard Boy,Randolph Childs and.._:., Clairrrran.Daniel l i Creedon orneyJohn F.-Tibbitts represented the applicant. He addressed the Building Commissioner's decision, presenting a brief-history of.the.pmperty ownerships. He noted the issue is that of lot protection and `vesting'of fi6is-k-sepamte ownership. Mr.Tibbitts stated that the one lot is built upon and they are not under_ :. identical Qwtie ships: One lot is MUM-ay-tenants by entirety and the other by an individual The Board_commented that historically they have held that ownership must be identical to be the same. alsas--buildable. o noted that the Lots have been taxed at full value-as buildable. Public comment as nt w 'requested and iio one spoke in favor or in opposition to the request. Findings of Fact: At the hearing of I1+Iay21,2003,the Board unanimously made the following findings of fact: 1. Roger Dupont has appealed to the Zoning Board of Appeals the March 11,2003,decision of the Building Commissioner that the subject undersized lots have not been held under separate control and have merged for the purposes of zoning.. The subject propertyis located as shown on Assessor's Map 193 as Parcels 186. and 185 addressed 6 Conant Lane and 43 Three Ponds Drive,Centerville,MA in a Residence C Zoning District. 2. Appea12003-'70 deals with the subject of merger of adjoining undersized lots. The subject lots are both 0.35-acres in size. Parce1186(Developer's Lot No.41)is developed with a one-story,three-bedroom, 1,632 sq.&single-family dwelling,built in 1978 and is addressed 43 Three Ponds Drive. Parcel 185 (Developer's Lot No.40)is vacant and is addressed as 6 Conant Lane. 3. The lots were created by a 1976 subdivision plan,recorded in Book 558,Page 114. The lots met the zoning requirements of the Residence C Zoning District when created. Those requirements remained unchanged until 1985 with the adoption of one-acre minimum lot area for all zoning districts in the Town. s, 4. Prior to the zoning change, Roger A. Dupont and Diane J. Dupont, husband and wife, purchased developer's Lot 41 on March 16, 1979. Rodger A.Dupont purchased the adjoining parcel, 186, developer's Lot 40,on May 25, 1979. 5. On February 4,2003,the applicant requested a Zoning Compliance Certificate from the Building Commissioner with reference to the buildability of the vacant parcel addressed as 6 Conant Lane, Centerville. The Building Commissioner issued his opinion that-"because lot 41 is owned by husband and wife and lot 40 is owned bythe husband,Roger Dupont had control of both of the lots. Therefore,the lots have not been held in separate ownership or in separated control." 7. There is no common ownership. The husband and wife own the fast lot and solelyRoger Dupont owns the second lot. 8. There is no merger of the two lots,no common control of ownership: Decision: Based on the findings of fact,a motion was duly made and seconded to.overrule the Budding Commissioner in that the lots are not under identical ownership and are not under the control of the same individual. The vote was as follows: y AYE: .Ron S.Janson,Gail Nightingale,Richard.Boy,Randolph Childs and Daniel U Creedon NAY None ,;-:Ordered:--- -In Appeal 2003-070 the ruling of the Building Commissioner with�egards:fo 6 Conant.Lane and 43 Three'' omds.]?rive,Centerville,MA has been overturned: Appeals of is cledsifr;-if airy,shall be.mad�=pwsuant.;to. -.= MGL Chapter 40A,Section 17,within twenty(20) days after the date of the filing of this decision. A copy = which must be filed in the office-of the Town Clerk. -Daniel M.Creedon,Chairman Date 91in7ed I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,herebycertifythat 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 o ice of the Town Clerk -Signed and sealed this da C Dd node ains. enalties•of. e .-,3' P P P _ : Linda Hutchen`rider,Town Clerk 4 Town of Barnstable Growth Management Department Ruth J.Weil, Director Staff Report v,. Remand Appeal 2004-143 —McDonald Variance-Section 240-13E— Bulk Regulations, Minimum Lot Area formerly Section 3-1.3(5)of the Ordinance Seeks to divide two undersized merged lots into separate independent buildable lots Date: September 19, 2007 To: Zoning Board of Appeals Art Traczyk- Principal Planner Petitioner: Thomas F.McDonald and Patricia S.McDonald Property Address: 242 and 244 Rolling Hitch Lane,Centerville MA Assessor's Map/Parcel: Map 193, Parcels 239 &240 Zoning: Residence C Zoning District Opened:August 8,2007,Continued: September 26,2007—No Members Assigned Copy of Public Notices: By mutual agreement, Appeal 2004-143 of Thomas F. McDonald and Patricia S. McDonald has been remanded back to the Zoning Board of Appeals for a variance to Section 240-13E — Bulk Regulations, Minimum Lot Area (formerly Section 3-1.3(5) of the Zoning Ordinance). The variance seeks to divide two undersized merged lots so that each would be considered separate buildable lots under zoning. The subject lots are addressed as 242 and 244 Rolling Hitch Lane, Centerville, MA as shown on Assessor's Map 193 as Parcels 239 and 240. The property is in a Residence C Zoning District. Background & Review: On September 14, 2004, an application (Appeal 2004-143) was submitted to the Board requesting a bulk variance for two undersized lots addressed as 244 and 242 Rolling Hitch Lane, Centerville, MA. The lot addressed as 244 Rolling Hitch Lane is developed and owned by Thomas F. McDonald and Patricia S. McDonald. The lot addressed as 242 Rolling Hitch Lane is a vacant lot owned by.Thomas F. McDonald. The lots are 18,295 sq.ft. and 14,263 sq.ft. respectfully. On December 22, 2004, the Board issued its decision to not grant the variance requested in appeal 2004-143. Board Members deciding the appeal were; Randolph Childs, Ralph Copeland, Sheila Geiler, Gail Nightingale and Acting Chairman - Ron S.Jansson. The vote was three in favor of granting the variance and two opposed. Those voting in the negative cited that it was a self-imposed hardship in this instance and that the applicant did not demonstrate variance conditions under Chapter 40A Section 10. Growth Management Department-Staff Report-Remand Appeal 2004-143—McDonald On January 5, 2005, an appeal of the Board's decision was filed at Superior Court on behalf of Thomas F. McDonald and Patricia S. McDonald by Attorney Patrick M. Butler. That appeal sought the courts to annul and overrule the Board's decision and grant the relief or order the Board to do so. Notice of the appeal was submitted to the Town Clerk's Office and to the Zoning Board of Appeals Office. On April 3, 2007, a communication was submitted to the Town Attorney's Office from Attorney Butler requesting that the parties consider the filing of a stipulation of remand. That letter proposed that the vacant lot addressed as 242 Rolling Hitch Lane is a buildable lot as-of-right and that there is no need for the variance. The letter makes an argument that separate mortgages in effect protected the lots from merger. On April 17, 2007, it was reported to the Court that the parties had agreed to a remand of the case back to the Zoning Board of Appeals. The Court is holding the appeal to October 16, 2007, to allow this issue to be remanded to the Board for review. Remand: This remand was made by mutual agreement. However, no document was submitted to the file itemizing the extent and nature of the remand. The Board may recall that in an April 11, 2007 executive session of the Board this remand was discussed with First Town Attorney- David Houghton. Staff notes from that session indicates that the remand was based upon "new information". Presumably, this is the mortgage/foreclosure issue. The notes support that the Board had agreed to the remand based solely on hearing of that new information and not the entire case. April 3, 2007 Letter The letter dated April 3, 2007, from Attorney Butler to Attorney Houghton is attached. That letter presented the argument that the subject lot may be protected for merger based upon separate mortgages and foreclosure. Mortgage/Foreclosure Argument: The Board may recall this argument was also made in appeal 2004-086, Lente Festina, LLC, for property address as 80 Hyannis Avenue, Hyannis, MA. The variance in that appeal was granted. Although the cases may not be exactly parallel, some of the findings did discuss the issue with the mortgages/foreclosure and those finding did support hardship and unique circumstances to justify the granting of the variance. A copy of that decision is attached. With respect to that appeal, the Board may recall that a number of attorneys participated in that hearing and a number of briefs on the issue were received. As the decision issue notes, no applicable case law existed at that time on the mortgage/foreclosure issue. 2 4 Growth Management Department-Staff Report-Remand Appeal 2004-143—McDonald The one case law cited in the decision is Lapenas v. Zoning Board of Appeals of Brockton, 352 Mass. 530, 226 N.E.2d 361(1967). That case, in combination with several other cases, upheld the Board's power to grant variances under diverse circumstances. That case also upheld that the Zoning Board can grant a variance in a "case where the zoning bylaw would have been deemed invalid as applied ....", and so the conclusion of Finding No. 8. That is to "establish as of record that the lot is a lawful non-conforming lot." It must also be noted that the decision of the Board to grant appeal 2004-086, Lente Festina, LLC, was appealed to the Court also. As of this date, the Zoning Board of Appeals file still shows that appeal as unresolved. The Festina file will be at the hearing, should the Board members wish to refer to it. Copies: Petitioner/Applicant Attachments: t 3 RECEIVED f' immonwealth of Massachus� Is APR 17 2�U� County of Barnstable The Superior Court S.H.M. CIVIL DOCKET# BACV2005-00006 RE: McDonald et al v Barnstable Zoning Board of Appeals c(opy TO:Sarah H Manning, Esquire Nutter McClennen & Fish o c 1513 lyannough Road c PO Box 1630 =. Hyannis, MA 02601-16301 ORDER FOR ENTRY OF DISMISSAL NISI' � DA cry cn r- The above entitled action came on before the Court, Gary A. Nickers nn, L M RAJustice and thereupon was REPORTED: Agreement of parties to rema d back to the Barnstable Zoning Board of Appeals by plaintiff's counsel of record. Wherefore, it is ORDERED that an AGREEMENT FOR JUDGMENT or STIPULATION OF DISMISSAL, be filed in the Clerk's office by 10/16/2007. If said Agreement or Stipulation is not filed by said date and no motion having been made to restore case to the trial list and allowed the Clerk is hereby directed to prepare, sign and enter Judgment dismissing the Complaint, and all other claims, without prejudice and without costs. Dated at Barnstable, Massachusetts this 12th day of April, 2007 Scott W ickerson, Cle the Courts BY: r Scott W. Nickerson Clerk-Magistrate Telephone (508) 375-6684 cvdn1si_2.wpd 523588 nisi nickscot a Town of Barnstable Geographic Information System July 27, 2007 -* 193136- N193249,,.,- f93032� 193 193X4 1931 #283 193147 20- #10 4 #290 193248 #30' 1 1, '-#582 193033 271','-. #34 1 0 193141 193112 1931210 193246 #580 N #1134 193035 "I #278 #4,Jl-,17�1 #15 193201 1 602 V 193119' 193247 25 19313 - Al # #16 #251 193245 193078 193113 . .'.: 24 427 193009 AW , .... #613 #614 #26�2 19320 193118 0212 193132 241, 1! 07Tj 9, 193121:7- �7 193114134 #250 v 30,?;/ 19313 -' 5 193041 1 2251 19 ) , 193215 #25 #70V 91 1930 6 193116 50 #i!6 36 12f P 193130;1 #215- W 193127 193075 193043 41 19312 #37 #AA "L, 9 #207 93126 193125 t 65 #55 F ,193128 .4 #212 7& 193045 #46 1193087 '95 1930 0 193089 193067 1 #1 W ,#48' 60 193223 MASTHEAD ... 1931348 193086 LANE 193007 'X 181 885 #678 93224 L-�,I 9 3 C TJ 40 1930 93090 #35 91* #49- 0:1 193085 #59 9171 LJ 1930 193 064 193226 193047 #91 #96 0 #26 #698 192170 192-1711 10 49 193@-5 f: 192080 0 192021 193229 :-1 2GT 0161 #1621 #2931 x #3%/ #6971 #20 192089 192169 192020 P'1151 192172 #79 #8 - 192090 192099 192210 0 #152' ZP #82''71- #197 192098 #16 lb!211 :0190, # I.ellittl LANE 1920 0 192208 192209 192019 LL 192173 #65 a192100 #26 #711 1- 192091 - #185 192238 #30 0 192034 192033 #68, 192097 Li #357 192240 1!Q79--7—192 8 0 #7 #18 2`174 7 #17 W M 0366 V-Ad #351 DISCLAIMERS:This map is for planning purposes only. It is not adequate for legal Map:193 Parcel:239 Zoning Board of Appeals (ZBA) Selected Parcel N boundary determination or regulatory interpretation. Enlargements beyond a scale of Abutter List Type-Parties of interest are those directly opposite subject lot on 1"=1 00'may not meet established map accuracy standards. The parcel lines on this map are only graphic representations of Assessor's tax parcels. They are not true property any public or private street or way and abutters to abutters. Notification of all Abutters I'llE boundaries and do not represent accurate relationships to physical features an the map properties within 300 feet ring of the subject lot. such as building locations- Buffer Barnstable Assessing Search Results Page 1 of 2 r . .. r .r- -.... 0:vl:'4 Pi-r'periv AsSeSs-lE'.r't�`�^,aiU i *<.eSUifg New_Search ;New Interactive-Maps » b "W�`� 2007 Assessed �� Values: MCDONALD,THOMAS F & 244 ROLLING HITCH ROAD Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $375,500 $375,500 193 /240/ Extra Features: $5,400 $5,400 Outbuildings: $0 $0 Mailing Address Land Value: $ 170,200 $ 170,200 MCDONALD, THOMAS F& MCDONALD, PATRICIA Totals $551,100 $551,100 P O BOX 293 CENTERVILLE, MA. 02632 20 i7 REAL E-S• TATE T ax Information: Tax Rates: (per$1000 of valuation) Community Preservation Act Tax $84.50 Fire District Rates Town Barnstable-All Classes $2.10 $6.32 C.O.M.M.-All Classes $1.03 Commei C.O.M.M. FD Tax(Residential) $567.63 Cotuit FD-All Classes $1.34 $5.57 Hyannis-Residential $1.54 Persona Town Tax(Residential) $2,816.65 Hyannis-Commercial $2.37 $5.57 Hyannis-Personal $2.37 Other R, W Barnstable-Residential $2.02 Commur W Barnstable-Commercial $1.69 W Barnstable-Personal $1.69 Total: $3,468.78 i ;�zr"!:''tea"~;,.��,�e.�i�€'� `.��'`�'��`I�;� • _ Property Sketch & ASi Building value $375,500 Interior Floors Carpet Style Cape Cod Interior Walls' Drywall Model Residential Heat Fuel Gas Grade Custom Heat Type Hot Water Stories 1 1/2 Stories AC Type None http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO7map.asp?mappar=l 9... 9/18/2007 Barnstable Assessing Search Results Page 2 of 2 Exterior Walls Wood Shingle Bedrooms 4 Bedrooms Roof Structure Gable/Hip Bathrooms 2 Full+ 1 H �p Roof Cover Asph/F Gls/Cmp living area 2315 j V(DIC j+ Replacement Cost $399504 Year Built 1985 e i Depreciation 6 Total Rooms 8 Rooms ..r,�2 fie �` y 1 i nw gar Mrs, r ,kr h}�y. k CODE 1010 Lot Size(Acres) 0.42 Appraised Value $ 170,200 AsBuilt Card N/A Assessed Value $ 170,200 I, View Interactive Maps > Owner: Sale Date Book/Page: Sale Price: MCDONALD,THOMAS F& Jan 15 1994 12:OOAM 9014/243 $ 160,000 SAURO, DAVID A TRS Mar 15 1985 12:OOAM 4441/313 $27,000 Code Description Units/SQ ft Appraised Value Assessed Value FPL2 Fireplace 1 $2,800 $2,800 BRR Bsmt Rec Room 560 $2,600 $2,600 BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area (Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area UST Utility Area (Unfinished) (Finished) FAT Attic Area (Finished) GAR Garage UTQ Three Quarters Story (Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story (Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO7map.asp?mappar=19... 9/18/2007 f Barnstable Assessing Search Results Page 1 of 2 r a Fh #' i D.`... r_I.,. pr'?ne°i't 'S. .C;` Ii`—:'1-..earth F<e9uits New Search New_.Interactive_Maps 0 2007 Assessed 1�s a�'9', Values: MCDONALD,THOMAS F 242 ROLLING HITCH ROAD Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $0 $0 193 /239/ Extra Features: $0 $0 Outbuildings: $0 $0 Mailing Address Land Value: $ 167,300 $ 167,300 MCDONALD,THOMAS F Totals $ 167,300 $ 167,300 PO BOX 293 CENTERVILLE, MA. 02632 % >t;¢ f EAL EST �,TE Tax Information: Tax Rates: (per $1,000 of valuation) Community Preservation Act Tax $31.72 Fire District Rates Town Barnstable-All Classes $2.10 $6.32 C.O.M.M.-All Classes $1.03 Commei C.O.M.M. FD Tax(Residential) $ 172.32 Cotuit FD-All Classes $1.34 $5.57 Hyannis-Residential $1.54 Persona Town Tax(Residential) $ 1,057.34 Hyannis-Commercial $2.37 $5.57 Hyannis-Personal. $2.37 Other R; W Barnstable-Residential ..$2.02 Commur W Barnstable-Commercial $1.69 W Barnstable- Personal $1.69 Total: $1,261.38 IfProperty Sketch & ASBUILT Cards Construction info N/A A sketch is not available for this parcel. l._u.nd AsBuilt Card N/A I http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO7map.asp?mappai=l9... 9/18/2007 Barnstable Assessing Search Results Page 2 of 2 CODE 1300 Lot Size(Acres) 0.35 VI@W__Intera_ctive.__MapS» I Appraised Value $ 167,300 I Assessed Value $ 167,300 j I y " Owner: Sale Date Book/Page: Sale Price: MCDONALD,THOMAS F Mar 31 2000 12:OOAM 12921/203 $ 10,000 SAURO, DAVID A TR Jan 15 1994 12:OOAM 9014/240 $ 1 SAURO, DAVID A TRS Jan 15 1994 12:OOAM 9014/237 $ 1 SAURO, DAVID A TRS Mar 15 1985 12:OOAM 4441/313 $27,000 SAURO, DAVID A TRS Mar 15 1985 12:OOAM 4441/310 $27,000 WILLIAMS, R ARTHUR May 15 1968 12:OOAM 1400/072 $0 I xn 'a�" tots JIt`g Features Code Description Units/SQ ft Appraised Value Assessed Value Propaer-'Ly Sketch t..,.-: a itsz"id BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area (Unfinished) BMT Basement Area (Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area UST Utility Area (Unfinished) (Finished) FAT Attic Area (Finished) GAR Garage UTQ Three Quarters Story (Unfinished) FCP Carport GRIM Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story (Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO7map.asp?mappar=--19... 9/18/2007 U4/UyUZUUr Ua:aa rAA bUd 6UZ 47Z4 TUWN UH BARNSTABLE LEGAL ig002 V E C E I V E utter V APR — 5 2001 Patrick M.Butler Direct Lint: 508-790-5407 TOWN ATTORNEY Fax: 508-771-8079 TOWN OF BARNSTABLE E-mail: pbutler@nutter.coin April 3, 2007 BHa d For Settlement P urposes OnIjy David Houghton, Esq. _ Town of Barnstable 367 Main Street, New Town Hall Hyannis, MA 02601 - Re: BACV2005-00006 McDonald et al v. Barnstable Zoning Board of Appeals Dear David: 1411 ;t On behalf of our clients, Thomas and Patricia McDonald, I am writing to request that the parties agree upon and file a stipulation of remand in the above matter, currently scheduled for trial on April 26th. As you may recall, the prior owners of the properties located at 242 and 244 Rolling ditch Lane, sought a variance for these two lots, which was denied by the Zoning Board of Appeals ZBA based on its determination that the lots had merged for zoning g PP � ) purposes, rendering Lot 242 unbuildable. Based on the facts and circumstances as set forth below, we believe that the variance sought was not necessary and Lot 242 was buildable as of right. At the time of our hearing, the Board noted that it was not reviewing or dealing with the title aspects associated with the subject property and that the applicant's rights would be reserved regarding those issues. We believe a remand would provide the ZBA with an opportunity to consider the applicant's position and render an appropriate determination. As a result, the variance sought. would no longer be necessary and the pending litigation could come to an end. In the alternative, the Board would reconsider the variance criteria submitted. The decision was 3-2 in favor of the variance, with the application was supported on the record by all abutters. In 1985, Lots 242 and 244, were owned of record by the David Family Trust (Trust). Although the lots were undersized as a result of a 1985 zoning change, they were protected by an eight-year zoning freeze as lawfully.preexisting nonconforming lots, pursuant to a definitive subdivision plan filed in 1984 and endorsed in 1986_ In 1993, the lots were the subject of an ANR plan submitted by then-owner, the David Family Trust. - The ANR plan attempted to re-aligned the shared boundaries between Lots 242 and 244. Although the properties were both technically held in the same Trust when the Planning Board NUTTER MCCLENNEN & FISH LLP -ATTORNEYS AT LAW - 1513 Iyannough Road - P.O. Box 1630 —Hyannis, Massachusetts 02601-1630 - 508-790-5400 - Fax: 508-771-8079 www.nuttencom 04/09/2007 09:39 FAX 508 862 4724 TOWN OF 13ARNSTA13LE LEGAL lgooa David Houghton, Esq. April 3, 2007 Page 2 endorsed the ANR plan in December 1993, their status as separate, protected lots was never compromised because they were never held in "common ownership." For purposes of lot merger, "common ownership" requires that title to both lots be held by the same entity. As a general rule, properties held in "common ownership" that are subject to alteration by ANR plan will merge. However, common ownership does not exist where, as here, one lot is subject to a mortgage whereby a bank holds actual title to that property. In 1994, the Trust filed two separate appeals seeking a determination that the properties had not merged. The Trusts appeals were no longer properly before the ZBA,.when, prior to issuance of any decision thereon, the Trust lost its interest in the properties. We believe that the remand of this matter would be in the best interest of judicial economy, while also allowing for possible final resolution. Please advise if such a consideration for remand will be acceptable to the Zoning Board.. Please thank the Board members for their consideration, in advance. Sin , P ick M. Butler cc: Mr. & Mrs. McDonald PMB:ds 1605061.1 SAILNSTAEM Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2004-143—McDonald Variance Section 3-1.3(5) Bulk Regulations,Minimum Lot Area To divide two undersized merged lots Summary: Not Granted Petitioner: Thomas F.McDonald and Patricia S.McDonald Property Address- 242 and 244 Rolling Hitch Lane,Centerville MA Assessor's Map/Parcel: Map 193,Parcels 239&240 Zoning: Residence C Zoning District Background &Review: In Appeal 2004-143,the applicant is seeking a Bulk Variance to permit two undersized merged lots to be considered separate buildable lots. The subject two lots are addressed 242 and 244 Rolling Hitch Lane, Centerville MA. The two lots were originally created by a Subdivision Plan,endorsed by the Planning Board in 1986 and recorded at the Barnstable Registry of Deeds in Plan Book 386,page 27. The lots were subsequently readjusted through an Approval Not Required(ANR)plan endorsed by the Planning Board in December of 1993 and recorded at the Barnstable Registry of Deeds in Plan Book 500,page 31. Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on September 14,2004. 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 October 27, 2004 and continued to December 08,2004, at which time the Board made a motion to grant the Variance,however, that motion did not carry and therefore the appeal was not granted.Board Members deciding this appeal were,Ralph Copeland,Sheila Geiler, Gail Nightingale,Randolph Childs and Acting Chairman Ron S. Jansson. At the December 8`h continuance,Attorney Patrick M.Butler represented the applicants before the Board who were also present. Mr.Butler explained that the Variance was being requested to correct a technicality in a prior adjustment to the lots that cause the two undersized lots to merge. He further explained that the applicants seek to sell the developed lot and then build a new modest dwelling on the other merged vacant lot if the Variance is granted. That new dwelling would conform to all of the setback requirements and no other relief is being sought other than to"un-merge"the undersized lots by variance to minimum lot area. Mr. Butler noted past applications to the Board on the property had sought to un-merge the lots.However those were unsuccessful. He stated that conditions had changed from that time and many of the neighbors favored the grant of the Variance. He presented the history of the ownership of the lots noting that the applicant purchased the house lot from David A Sauro Trustee of David Family Trust in 1985. The vacant undersized lot was acquired form the Cape Cod Bank and Trust Company for$10,000 in 2000. The house lot was purchased by Thomas F. McDonald and Patricia S. McDonald and the vacant lot by Thomas F. McDonald only. Mr. Butler addressed the variance conditions citing that the irregular shape of the lot and topography of the lot justified the grant of the Variance. The Board questioned if those conditions relate to the nature of the Variance being sought which is one of lot area. The Board noting the ANR plan created the shape of the lot as it now exists and the topography is similar to other lots in the area. It was also noted that most of the lots to the north and south of the locus were much larger in area that the subject lot. The Board questioned if the intent of the purchase of the non-buildable lot in 2000 for$10,000 was done to enhance the existing lot. Mr.Butler argued that the Board can be flexible in its application and extent of granting a Variance on the lot due to the situation before them. It was noted that two letters were submitted by the applicant in support of the application. They were from Mrs.Miriam Loiselle of 246 Rolling Hitch Road and Catherine and John Nugnes of 235 Rolling Hitch Road. Public comment was requested and Thomas Vander Voort of 209 Rolling Hitch Road; and Diane Parvin, 151 Rolling Hitch Road spoke in support of the Variance. Findings of Fact: At the hearing of December 08, 2004,the Board by a split vote of three to two made the following findings of fact: 1. Appeal 2004-143 is that of Thomas F. McDonald and Patricia S. McDonald seeking a Variance to Section 3-1.3(5)Bulk Regulations,Minimum Lot Area to divide two undersized merged lots. The subject lots are addressed 242 and 244 Rolling Hitch Lane,Centerville,MA as shown on Assessor's Map 193 as parcels 239 and 240. The property is in a Residence C Zoning District. 2. The two lots are accessed from Rolling Hitch Lane, Centerville MA. The two lots were originally created by a Subdivision Plan,endorsed by the Planning Board in 1986 and recorded at the Barnstable Registry of Deeds in Plan Book 386,page 27. The lots were subsequently readjusted through an Approval Not Required(ANR)plan endorsed by the Planning Board in December of 1993 and recorded at the Barnstable Registry of Deeds in Plan Book 500,page 31. 3. Prior to the 1985 town wide One-acre Minimum Lot area enacted by Article 1 approved February 28, 1985,Residence C required 15,000 sq.ft.Lot minimum Areas. The 1986 endorsed subdivision plan is assumed to have been initiated prior to the increase in lot area and was therefore grandfathered from the 1985 one-acre requirement. That subdivision Plan would have been protected for 8 years from the increase as provided for in MGL Chapter 40A, Section 6. That grandfathering would have expired in 1994. 4. The 1993 ANR Plan that reconfigured the subject lots does not constitute any grandfathering with respect to dimensional requirements. Technically,that plan could not be used to create any new buildable lot without meeting all of the then applicable bulk regulations (one-acre minimum lot area); or in the option securing Variances to the undersized lot. The two-acre minimum lot area was imposed over this area of the Town with the adoption of the Resource Protection Overlay District in October of 2000. 5. In consideration for the Variance,the shape and topography of the lot establish Variance conditions that affect the locus. 6. A literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship financial or otherwise to the petitioner and 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 with proper conditions imposed. 2 The vote was as follows: AYE: Randolph Childs, Sheila Geiler,Gail Nightingale NAY: Ralph Copeland,Ron S.Jansson Decision: Based on the findings of fact, a motion was duly made and seconded to grant the appeal with the following conditions: 1. Division of the merged lots shall be as shown on an Approval Not Required(ANR)plan endorsed by the Planning Board in December of 1993 and recorded at the Barnstable Registry of Deeds in Plan Book 500,page 31. 2. Development of the lot shall conform to all applicable setback regulation for the district and is limited to no more than 1,600 sq.ft. of living area. 3. The on-site septic system shall conform to all applicable Health regulations without variances from the Board of Health. The vote was as follows: AYE: Randolph Childs, Sheila Geiler,Gail Nightingale NAY: Ralph Copeland,Ron S. Jansson Mr. Copeland and Mr. Jansson cited that they voted in the negative as there was a self-imposed hardship in this instance and that the Petitioners have not demonstrated variance conditions under Chapter 40A Section 10. Ordered: Appeal 2004-143 did not carry as four positive votes are required to grant relief therefore this Appeal is not granted. 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. so cting Chairman 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 of under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 3 oFTMF`�a BARNSIABIE, MAS& Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2004-086—Festina Variance- Section 3-1.3(5),Bulk Regulations, Minimum Lot Area &Minimum Lot Width U) To allow for the construction of a single-family dwelling on an undersized nonconforming lot Summary: Granted with Conditions Petitioner: Lente Festina,LLC Property Address: 80 Hyannis Avenue,Hyannis,MA Assessor's Map/Parcel: Map 287,Parcel 123 Zoning: Residence F-1 Zoning District r• Relief Requested&Background: Appeal No. 2004-86 is requesting variance relief from Section 3-1.3(5),bulk regulations,minimum lot size and minimum lot width, to allow for the construction of a single family dwelling on an undersized and non- conforming lot. The property which is the subject of this application is a vacant lot shown on Town of Barnstable Assessor's Map 287 as Parcel 123, commonly addressed 80 Hyannis Avenue,Hyannisport,MA. The property is located within the Residential F-1 (RF-1)Zoning District.The property consists of approximately 0.35 acres of land and has approximately 99.49 feet of frontage on Hyannis Avenue. The property does not conform to the current bulk requirements of the Town of Barnstable Zoning Ordinances, which require a minimum lot size of one(1)acre in the RF-1 Zoning District and a minimum lot width of 125 feet. The subject property became nonconforming in November of 1978 when the area was re-zoned from an RC to an RF-1 district, approved at Town Meeting via Article 6. At the time of the zoning change, the minimum lot size in the RC district was 15,000 square feet and the minimum lot width in the RC district was 100 feet. Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 24, 2004. An Extension of the Time Limits for holding the public hearing and for the filing of the decision was executed between the applicant and the Board Chairman. 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 June 23,2004, and continued to September 01, 2004, October 27, 2004,December 08, 2004,January 19, 2005,April 13, 2005,and to June 8, 2005,at which time the Board found to grant the variance. Board Members deciding this appeal were Ralph Copeland, Sheila Geiler,Jeremy Gilmore,Gail Nightingale, and Acting Chairman,Ron S.Jansson. Attorney Patrick M. Butler represented the applicant. Mr.Butler noted that the subject property is a vacant lot located at 80 Hyannis Avenue. He presented the title chronology to the subject property and to the neighboring adjacent property 70 Hyannis Avenue. Mr.Butler noted that the area was rezoned in 1978 from RC to RF-1 increasing the minimum lot.area to one acre and minimum lot width to 125 feet. Mr. Butler stated that the subject lot may have mistakenly merged under zoning with 70 Hyannis Avenue (Assessor's Lot 124). He stated that in October of 1973, 80 Hyannis Avenue was owned by Linda Plunkett, the ex-wife of Gregory Plunkett,Manager of Lente Festina,LLC. The property was purposefully held in the name of Linda Plunkett in order to ensure that it would remain a separate buildable lot,because at the same time,the adjoining Lot 124(70 Hyannis Avenue)was owned by Gregory Plunkett, individually. The 80 Hyannis Avenue property was purchased with the intention of utilizing it in the future as a site to build a home to be occupied by Mr. and Mrs.Plunkett or their children. In March of 2001,as a result of a divorce settlement,Linda Plunkett conveyed the 80 Hyannis Avenue property to Lente Festina,LLC,the current owner of the Property. Title to adjoining Lot 124 (70 Hyannis Avenue)confirms that in 1977 Gregory Plunkett, individually,conveyed Lot 124, which was developed with a single-family dwelling,to the HP Realty Trust. Mr. Butler stated that in March of 1989,the HP Realty Trust mistakenly conveyed Lot 124 to Linda Plunkett,individually. When,Mr. and Mrs.Plunkett had intended to convey Lot 124 to Linda Plunkett as trustee. Three years later the developed Lot 124 was conveyed via a foreclosure to John G.Doherty and Dawn Doherty. From March 1989 until June 1992,both the subject property(Lot 123)and Lot 124 were apparently and unintentionally held in common ownership by Linda Plunkett. Mr. Butler stated that it was always the intention of Mr. Plunkett to hold the property, 80 Hyannis Avenue, as a separate buildable lot to be used as a place to construct his retirement home or for his children use. Mr. Butler stated the property is being taxed as a buildable lot. He cited that the topography of the property slopes down from Hyannis Avenue to the center of the lot and then rises back toward the easterly property line. In fact,the street is approximately eight feet(8')higher than the middle portion of the subject Property. He further claimed that when compared to the rest of the neighborhood,the subject property is unique in shape and specifically configured to be utilized for the purposes of construction a single-family dwelling. And the dwelling could be constructed in conformance with the current setback requirements of the Ordinances. Mr. Butler stated that the inability to use the lot for a single-family,retirement home represents a unique and substantial hardship to the applicant,particularly in light of the history. He also noted, Mr. Plunkett has been an active member of the community since 1949, having raised his four children in Barnstable and now desires to retire and live near his family. Mr. Butler explained the granting of the requested relief would not result in substantial detriment to the neighborhood nor will it substantially derogate from the Ordinances, as the proposed dwelling represents a modest four-bedroom single-family home measuring approximately 40'x 60'. Public comment was requested and William J. Reik,the abutter at 90 Hyannis Avenue, spoke in opposition by his attorney,J.Douglas Murphy, who stated that variance conditions had not been established and there is nothing unique about the lot. Attorney Stuart W. Rapp,representing John and Dawn Doherty, abutters at 70 Hyannis Avenue, spoke in opposition and submitted a memorandum to the Board 2 Julianne Pemberton, stated her father-in-law,Mr.Plunkett, would suffer financial hardship as this is the only asset for him to build a home. Liz Mumford of 143 Irving Avenue, Peter O'Keefe, a family neighbor and friend,and a John Grant all spoke in support. Ken Plunkett,the applicant's son,spoke of the intention of his father to build on the lot and spoke of circumstances of the trust and land transfers. Chairman Jansson noted that a number of letters had been submitted to the file in support and in opposition of the grant to the variance. He noted that letters in support were received from; John W.Filoon,Jr., 94 Edgehill Road,Peter O'Keeffe,636 Scudder Avenue,David H.Nunes, 39 Wachusett Avenue,Robert and Patricia Trevisani, 55 Irving Ave,Frank&Anne Fitzpatrick, 60 Ocean Ave.,Jerome M. &Virginia R. Leonard,51 Hyannis Avenue,Richard Gallagher, 39 Massachusetts Avenue,Connie&Joe Shay,76 Washington Avenue,Gregory Kent Plunkett,26 Grayton Avenue, Charlie&Juli Sample,50 Quail Lane, a person identified as N.B.Hall,Richard M. O'Keeffe,Jr. and C.Elizabeth O'Keeffe, 175 Marston Avenue, Mr. &Mrs.William Gulliver, 51 Edge Hill Road,Edward M. Gallagher,621 Scudder Avenue,Maureen Maffei as Trustee,28 Ocean Avenue,David Nauss,68 Dale Avenue,Mr. and Mrs. Hugh G.O'Neill, 20 Quail Lane,Barry W.Plunkett,Ellen M. Plunkett and James P. Plunkett, 100 Washington Avenue,Willis & Angela Byz, 8 Newton Avenue,Paul M. Hughes and Maureen Hughes, 18 Longwood Avenue, and Margaret and Henry Erbe, 33 Park Place. , Letters in opposition were received from;John F.Donahoe,35 Ocean Avenue,Ron Peters, 14 Wachusetts Avenue,David J and Elizabeth B.Roache,54 Hyannis Avenue,John K. and Patricia J. Figge, 19 Ocean Avenue,William J.Reik III,90 Hyannis Avenue,William Reik Jr., as Trustee, 90 Hyannis Road, Kathy and Austin Graff,25 Maywood Avenue, and William W. Tuttle and Christine Tuttle, 185 Marston Avenue. At the conclusion of the June 8,2005 hearing,Mr.Butler reviewed the history of ownership noting that mortgages were also held on the properties. Mr. Butler suggested that an argument could be made by`the fact that mortgages were being held that in effect would have protected the lots and separately owned and not in common ownership. Mr.Butler stated that the Board could make findings to this fact and no variance would be necessary. In public response,Attorney J. Douglas Murphy commented that if this argument for protection under zoning is recognized for the earlier 1977 mortgages,then the same argument must be accepted that the lots merged in 1982 when both lots were encumbered by a single mortgage of$70,000, which mortgage was issued to both Mr. and Mrs.Plunkett. Mr. Murphy concluded that this rationale would have also caused the lots to merge under zoning. Findings of Fact: At the hearing of June 8, 2005, the Board unanimously made the following findings of fact: 1. The subject locus in Appeal 2004-86 is lot number 123 as shown on Town of Barnstable,Assessor's Map 287. The subject locus is addressed 80 Hyannis Avenue,Hyannisport, Mass. The neighboring lot is identified as Assessor's lot number 124 and is addressed as 70 Hyannis Avenue, Hyannisport, Mass. The applicant in the appeal is Lente Festiria,LLC seeking a variance to Section 3-1.3 (5), Bulk Regulations,minimum lot size and minimum lot width to allow for the construction of a single-family dwelling on an undersized nonconforming lot. 3 2. The subject locus(Lot 123)is located within the Residential F-1 (RF-1)Zoning District, and consists of approximately 0.35 acres of land and has approximately 99.49 feet of frontage on Hyannis Avenue. The district regulations now require a minimum lot area of 1 acre and a minimum lot width of 125 feet. Neither the subject locus nor the neighboring Lot 124 conforms to the district's minimum lot area or minimum lot width. 3. The Board finds that a merger between the two undersized lots occurred at the very latest in 1989 and probably sooner in 1977. But either way, as a result of the merger the two lots for zoning purposes must be considered as having been in common ownership and considered one in order to minimize zoning non compliance after the 1978 change from Residence C to Residence F-1. Prior to 1978 each lot appears to have been a lawful conforming lot. 4. With respect to conditions necessary to grant a variance as required by MGL Chapter 40A Section 10 we find that constructing the proposed house would not be detrimental to the neighborhood and would not be in derogation of the zoning ordinance but we are unable to find conditions that qualify the lot for a variance. The lot is substantially flat and rectangular in shape and no different than other lots in the area. It is further of a size that is not substantially dissimilar from other lots in the area and appears to be appropriate for development with respect to constructing a residential home on it. 5. It appears to us that the present lot is nonconforming by reason of the doctrine of infectious invalidity. That is if the common owners by alienating title to Lot 124 left the locus as nonconforming it would be an unlawful nonconforming lot and would not be a lawful nonconforming lot and ostensibly needs a variance to make it buildable which is what is being applied for. 6. Although there is apparently no applicable case law,we think the doctrine of infectious invalidity should be confined to cases where there has been a voluntary alienation of the title of the adjoining lot by the common owner. In the instant case, it appears and we find there was an involuntary alienation of title to the adjoining locus via an arms length foreclosure by a mortgagee. 7. Accordingly,we turn to the question of what is the consequence of an involuntary alienation of the adjoining lot on the locus and more particularly whether the locus should be considered a lawful nonconforming lot. We think that in substance,the merger should be ignored because there was.no voluntary alienation of the subject locus,Lot 124. Given that, it follows and we so find, that since the locus conformed with zoning up to the 1978 change regarding dimensional requirements and there were no other intervening changes,that the lot should be considered grandfathered as having been in compliance with the zoning laws as they existed at the time of the 1978 change and thus should be considered a lawful nonconforming lot. Although not necessarily material, we note that the locus contains substantially more than 5000 sq. ft. and has more than 50 feet of frontage. 8. Therefore,in accordance with the rationale for issuing a variance as set forth in Lapenas v. Zoning Board of Appeals of Brockton, 352 Mass. 530, 226 N.E.2d 361(1967)we think it appropriate to issue a variance to the applicant so that it can establish as of record that the lot is a lawful non- conforming lot. 9. In view of the foregoing,we do not reach the issue to whether the Zoning Ordinance is unconstitutionally cgnfiscatory as applied to the locus. 4 Decision: Based on the findings of fact, a motion was duly made and seconded to grant the variance to permit an undersize lot of approximately 0.35-acres with approximately 99.49 feet of frontage, addressed as 80 Hyannis Avenue,Hyannisport,MA., and as shown on Assessor's Map 287 as parcel 123 to be considered a separate developable lot under zoning subject to the following conditions: 1. Development of the lot shall be as proposed in plans presented to the Board. The site plan of which is entitled"80 Hyannis Avenue,Hyannis Port,Massachusetts prepared for Gregory Plunkett"drawn by Baxter,Nye and Holmgren Inc.,dated 10/19/2001, last revised 12/01/04. The architectural plans are entitled"Residence for Lente Festina LLC/Mr. Gregory P. Plunkett 80 Hyannis Avenue, Hyannisport, Massachusetts"dated 8`h of December 2004,as drawn by Peter G.Brown,Architect. The plans of which are generally termed the"amended plan"and are initialed by the Board Chairman. 2. Development on the lot shall conform in all respects with all setback requirements of the present Zoning Ordinance. 3. The maximum number of bedrooms as counted by the Board of Health,and as counted by the Building Division shall not exceed three and shall comply with Board of Health Title 5 requirements without variance. 4. During construction of the dwelling, all vehicles,equipment and materials associated with the construction shall be required to be located on-site and not within the required setbacks. At no time will any parking, storage or construction materials or items be permitted in the right-of-way of Hyannis Avenue or within 10 feet of the neighboring property except as may be needed for landscaping purposes or for utilities and then only on a temporary basis. 5. 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. The vote was as follows: AYE: Ralph Copeland, Sheila Geiler,Jeremy Gilmore, Gail Nightingale, and Ron S.Jansson NAY: None s I , Ordered: Variance 2004-86 is granted with conditions. This decision must be recorded at theRegistry of Deeds for it to be in effect. The relief authorized by this decision must be exercised within 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. b � � Ron S. cting Chairman 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 of under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 6 `a 17J_ Nutter Patrick M.Butler Direct Line: 508-790-5407 Fax: 508-771-8079 E-mail: pbutler@nutter.com MEMORANDUM September 19, 2007 104921-1 BY HAND TO: Zoning Board of Appeals CC: Mr. & Mrs. Thomas McDonald David Houghton, Town Attorney FROM: Patrick M. But RE: McDonald - 242 and 244 Rolling Hitch Lane, Centerville Remand Appeal 2004-143 This memorandum is submitted on behalf of Mr. and Mrs. Thomas F. McDonald (the "Applicants") in connection with the above referenced remand appeal. This matter was previously heard by the Board on December 8, 2004, at which time the Board voted 3-2 in favor of granting a variance to allow for the construction of a`single family dwelling on'the vacant, undersized lot addressed 242 Rolling Hitch Lane (the "Vacant Lot"), which is owned by Thomas F. McDonald. Based on the simple majority vote, the positive decision did not carry. A copy of this decision, dated December 21, 2004, (the "Decision") is attached hereto as Exhibit 1. On January 5, 2005, the Applicants timely appealed the Decision pursuant to M.G.L. c. 40A, §17, to the Barnstable Superior Court (Docket No. 05-06). By agreement of the parties, the Superior Court has remanded the matter back to the Board for further consideration of this request. On remand, the Applicants continue to assert the existence of variance conditions for the Vacant Lot as required by M.G.L. c. 40A, §10. Furthermore, however, the Applicants offer the following additional information, which the applicant believes was not fully discussed at the original hearing. NUTTER McCLENNEN & FISH LLP ®ATTORNEYS AT LAW' 1513 Iyannough Road ® P.O. Box 1630 s Hyannis, Massachusetts 02601-1630.a 508-790-5400 a Fax: 508-771-8079 www.nutter.com i Zoning Board of Appeals September 19, 2007 Page 2 No Merger At the December 2004 hearing, the Applicants presented arguments to "un-merge" the Vacant Lot from the adjoining developed lot addressed 244 Rolling Hitch Lane, Centerville (the "House Lot") which is jointly owned by Thomas F. McDonald and Patricia S. McDonald. In fact, however, it appears that the House Lot has not merged with the Vacant Lot. At the time of the original hearing before the Zoning Board, members of the board indicated that the applicant could reserve further discussion and clarification of such title issues. It is the purpose of this.memo to provide such clarification. In 1985 both the House Lot and the Vacant Lot became non-conforming to minimum lot size with the passage of Article 1 on February 28, 1985, which created a town-wide one- acre minimum lot area. The 4'paragraph of Massachusetts General Laws chapter 40A, section 6 provides for a 5 year grand-fathering provision for single and two family properties held in common ownership'. A review of the title to the House Lot and Vacant Lot confirms as follows: HOUSE LOT VACANT LOT 3/7/1985 - Deed from Arthur 3/7/1985 - Deed from Williams and Betty L Williams to Arthur Williams and Betty ' the David Family Trust, David A. L. Williams to the David Sauro as Trustee (Book 4441, Page Building Trust, David A. 313) Sauro as Trustee (Book 4441, Page 310) 1/21/1994 - Deed from David 1/21/1994 - Deed from Building Trust to David Family David Family Trust to Trust for Lot 1B only (as shown on David Building Trust for Lot the ANR Plan) (Book 9014, Page 2B only (as shown on the 240). ANR Plan) (Book 9014, Page 237). 1/21/1994 - Deed from the David 1/21/1994- Deed from Family Trust to Thomas F. David Building Trust to McDonald and Patricia S. Cape Cod Bank and Trust McDonald (Book 9014, Page 243) Company (Book 12921, ` See also §240-91(B)of the Zoning Code. S' f: Zoning Board of Appeals September 19, 2007 Page 3 ' McDonald (Book 9014, Page 243) Page 201). 3/30/2000 - Deed from . Cape Cod Bank and Trust Company, N.A., to Thomas F. McDonald (Book 12931, Page 203). With the benefit of the 5 year freeze for residential lots held in common-ownership (which would have expired in February of 1990), the foregoing chart confirms that the House Lot and the Vacant Lot have been held in separate legal record title. As such, consistent with the Board's determination in the Dupont appeal (No. 2003-70), a copy of which is attached as Exhibit 2, it is clear that the House Lot and the Vacant Lot have not merged for the purposes of zoning. Effect of Reconfiguration of Lot Lines Finding No. 3 of the Decision states as follows: Prior to the 1985 town wide One-acre Minimum Lot area enacted by Article 1 approved February 28, 1985, Residence C required 15,000 sq.ft. Lot minimum Areas. The 1986 endorsed subdivision plan is assumed to have been initiated prior to the increase in lot area and was therefore grandfathered from the 1985 one-acre requirement. That subdivision Plan would have been protected for 8 years from the increase as provided for in MGL chapter 40A, section 6. That grandfathering would have expired in 1994. (Emphasis added). The 8 year definitive plan freeze provided for in MGL c. 40A, §6 is considered the broadest of all freeze protections offered by said section 6. In Massachusetts Broken Stone Co. v. Town of Weston, 45 Mass. 637, 640 (2000), the Supreme Judicial Court explained that the definitive plan freeze applied to the "land" shown on a plan and not the subdivision plan itself: We reject the town's argument that the words "land shown on the plan" mean the freeze provision covers only the subdivision plan submitted and ultimately approved. Where the language of a statute is clear, courts must give effect to its plain and ordinary meaning...Here the words "the land shown" are clear and unambiguous. The legislature did not say subdivision shown or lot shown, it said "land shown. " Zoning Board of Appeals September 19, 2007 Page 4 As such, the foregoing confirms that a developer may change the development proposals for the same land without losing the benefit of the freeze. Mark Bobrowski, Handbook of Massachusetts Land Use and Planning Law §5.04[A] (2'ed. 2002). Finding No. 3, quoted above, of the Decision indicates that the subject properties were grand-fathered until 1994. As such, the 1993 Approval Not Required Plan (the "ANR Plan") described in Finding No. 4 of the Decision, which re-configured the lot lines of the House Lot and the Vacant Lot, had no effect on the buildability of the properties because the 15,000 square foot minimum lot size in effect at the time of the definitive plan would still have been frozen. Therefore, in accordance with said Finding No. 3 of the Decision, the-ANR Plan would not have affected the grandfathering protection of the subdivision plan. Variance Should the board feel that the lots were not grandfathered as discussed above, the Applicants would incorporate herein by reference the variance arguments contained in the memorandum submitted at the time of the original hearing. The unique shape of the lots created by the resubdivision resulted in substantial hardship and unique circumstances for Mr. McDonald, who obtained title subsequent to such resubdivision. Neighborhood support At the time of the initial hearing, many neighbors, including all direct abutters submitted letters of support or testified to same. Further, no opposition was noted either in writing or by oral testimony by any party. Conclusion The lots in question did not merge and, based upon the Finding No.3 in the Board's decision on this matter, the ANR subdivision would not have effected the grandfathering protection of both lots as it relates to minimum lot size. In the alternative, the lots meet variance criteria and appropriate conditions to development of the Vacant Lot may be imposed. Further, such a result would be consistent with prior decisions of this Board on similar matters since the Decision on this matter. We appreciate the Board's consideration of this remanded matter. Attachment PMB:ezc 1667058.1 s � i 1 1 psi }r .0- g o C'oa b Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal 2004-143—McDonald Variance Section 3-1.3(5) Bulk Regulations,Minimum Lot Area To divide twQ..undersized merged lots Summary: Not Granted Petitioner: Thomas F.McDonald and Patricia S.McDonald Property Address: 242 and 244 Rolling Hitch Lane,Centerville MA Assessor's Map/Parcel: Map 193,Parcels 239&240 Zoning: Residence C Zoning District Background"&Review: In Appeal 2004-143, the applicant is seeking a Bulk Variance to permit two undersized merged lots to be considered separate buildable lots. The subject two lots are addressed 242 and 244 Rolling Hitch Lane, Centerville MA.'The two lots were originally created by a Subdivision Plan, endorsed by the Planning Board in 1986*arid recorded at the Barnstable Registry of Deeds in Plan Book 386,page 27. The lots were subsequently readjusted through an Approval Not Required(ANR)plan endorsed by the Planning Board in ' December of 1993 and recorded at the Barnstable Registry of Deeds in Plan Book 500,page 31. Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on September 14,2004. 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 October 27,2004 and continued to December 08,2004, at which time the Board made a motion to grant the Variance,however, that motion did not carry and therefore the appeal was not granted.Board Members deciding this appeal were,Ralph Copeland, Sheila Geiler, Gail Nightingale,Randolph Childs and Acting Chairman Ron S. Jansson. At the December 8th continuance,Attorney Patrick M.Butler represented the applicants before the Board who were also present. Mr.Butler explained that the Variance was being requested to correct a technicality in a prior adjustment to the lots that cause the two undersized lots to merge. He further explained that the applicants seek to sell the developed lot and then build a new modest dwelling on the other merged vacant " lot if the Variance is granted. That new dwelling would conform to all of the setback requirements and no other relief is being sought other than to"un-merge"the undersized lots by variance to minimum lot area. Mr. Butler noted past applications to the Board on the property had sought to un-merge the lots. However those were unsuccessful. He stated that conditions had changed from that time and many of the neighbors favored the grant of the Variance. He presented the history of the ownership of the lots noting that the applicant purchased the house lot from David A Sauro Trustee of David Family Trust in 1985. The vacant undersized lot was acquired form the Cape Cod Bank and Trust Company for$10,000 in 2000. The house lot was purchased by Thomas F.McDonald and Patricia S. McDonald and the vacant lot by Thomas F. McDonald only. Mr.Butler addressed the variance conditions citing that the irregular shape of the lot and topography of the lot justified the grant of the Variance. The Board questioned if those conditions relate to the nature of the Variance being sought.which is one of lot area.The Board noting the ANR plan created the shape of the lot as it now exists and the topography is similar to other lots in the area. It was also noted that most of the lots to the north and south of the locus were much larger in area that the subject lot. The Board questioned if the intent of the purchase of the non-buildable lot in 2000 for$10,000 was done to enhance the existing lot. Mr.Butler argued that the Board can be flexible in its application and extent of granting a Variance on the lot due to the situation before them. It was noted that two letters were submitted by the applicant in support of the application. They were from Mrs. Miriam Loiselle of 246 Rolling Hitch Road and Catherine and John Nugnes of 235 Rolling Hitch Road. Public comment was requested and Thomas Vander Voort of 209 Rolling Hitch Road; and Diane Parvin, 151 Rolling Hitch Road spoke in support of the Variance. Findings of Fact: At the hearing of December 08,2004,the Board by a split vote of three to two made the following findings of fact: 1. Appeal 2004-143 is that of Thomas F.McDonald and Patricia S.McDonald seeking a Variance to Section 3-1.3(5)Bulk-Regulations,Minimum Lot Area to divide two undersized merged lots. The subject lots are addressed 242 and 244 Rolling Hitch Lane,Centerville,MA as shown on Assessor's Map 193 as parcels 239 and 240. The property is in a Residence C Zoning District. 2. The two lots are accessed from Rolling Hitch Lane, Centerville MA. The two lots were originally created by a Subdivision Plan,endorsed by the Planning Board in 1986 and recorded at the Barnstable Registry of Deeds in Plan Book 386,page 27. The lots were subsequently readjusted through an Approval Not Required(ANR)plan endorsed by the Planning Board in December of 1993 and recorded at the Barnstable Registry of Deeds in Plan Book 500,page 31. 3. Prior to the 1985 town wide One-acre Minimum Lot area enacted by Article 1 approved February 28, 1985,Residence C required 15,000 sq.ft.Lot minimum Areas. The 1986 endorsed subdivision plan is assumed to have been initiated prior to the increase in lot area and was therefore grandfathered from the 1985 one-acre requirement. That subdivision Plan would have been protected for 8 years from the increase as provided for in MGL Chapter 40A, Section 6. That grandfathering would have expired in 1994. 4. The 1993 ANR Plan that reconfigured the subject lots does not constitute any grandfathering with respect to dimensional requirements. Technically,that plan could not be used to create any new buildable lot without meeting all of the then applicable bulk regulations(one-acre minimum lot area); or in the option securing Variances to the undersized lot. The two-acre minimum lot area was imposed over this area of the Town with the adoption of the Resource Protection Overlay District in October of 2000. 5. In consideration for the Variance, the shape and topography of the lot establish Variance conditions that affect the locus. 6. A literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship financial or otherwise to the petitioner and 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 with proper conditions imposed. 2 n The vote was as follows: AYE: Randolph Childs, Sheila Geiler,Gail Nightingale NAY: Ralph Copeland,Ron S.Janson Decision: Based on the findings of fact,a motion was duly made and seconded to grant the appeal with the following conditions: 1. Division of the merged lots shall be as shown on an Approval Not Required(ANR)plan endorsed by the Planning Board in December of 1993 and recorded at the Barnstable Registry of Deeds in Plan Book 500,page 31. 2. Development of the lot shall conform to all applicable setback regulation for the district and is T limited to no more than 1,600 sq.ft. of living area. 3. The on-site septic system shall conform to all applicable Health regulations without variances from the Board of Health. The vote was as follows: AYE: Randolph Childs, Sheila Geiler,Gail Nightingale_ NAY: Ralph Copeland,Ron S.Janson Mr: Copeland and Mr.Jansson cited that they voted in the negative as there was a self-imposed hardship in this instance and that the Petitioners have not demonstrated variance conditions under Chapter 40A Section 10. Ordered: Appeal 2004-143 did not carry as four positive votes are required to grant relief therefore this Appeal is not granted. 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. 1 ` Ron S. Janss , cting Chairman 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 of under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 3 Proof of Publication 4 r , A uk t 5. a � ,l: x`R T ���-"" S �a•t_�` �'�te�'�-%ate �8,� - c � alkaEtsc3hszr� sted# �r. #fC � oningr� f � ais�lrr � R01 Berta t}iBf¢t9 r 4'46by dot#ham=ti t• x F aixrendr <�h► K B E �C ft i7-, ain #+teak€�' av� pp�iditsra �ri�t� e Plet 0 M. it M ectir flr�f tie ZrHr Urt��raal�c -for t k 3evE#opEdalx d�taa a�a9Efobe ws ass ' 7h tfeRe7 act - lcl #ivadEfrrtal ssh9wnnssOil 1200", 19Pare tip 1t331sF3ct � � r 21© .#111 Ecrat Pest m ccc z I�Ki7nn�e vra Labe e f rc srfisc ies:ap estf f W. W ;ttr Ecti s -# {3 } 0 �nEr tl c f Plicar t I.M.— g#ti nan e t ttze ttacT1 � aitQymdYaprmer �€ gr �ls3ocatasvvi n s M( ac#clres £1 � t #iyars 1vFAa ' a� rthc et,�vap �Edc -3+ ar�cE �Q" s �5)$vlk##egu�atiui�n1v Area tt dlv ultrlers! Eri r f. ra 9 umffi III An 'N Agm Z,Noi"',N3411 � sttlMINOR arr � eVRY a in-A ? 1zi 3arristable 'awn l a E i tvtasn v�`tr }y is sgr � sf 1dt►ed$y{jct�5iSts, afer Tf . it s r. rEwE a t an g �vi�ibr M- err m pP stet,tra y Y t�aFW m rE000#104,1 S Sari Ot'.�E3�5-. f k- ALA c, 3 "• . Parcels within 300' of Map 193 Parcels 239 and 240 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 9/23/2004 Mappar, Owned Owner2 Address 1 Address 2 City State Zip Country 192207 HURLEY,STEPHEN F&SARAH C 25 JUDITH EVE CENTERVILLE MA 02632 USA ILN 193066, COOK,DAVID 30 CROCKETT STOUGHTON MA �0207T---riA- 193068 ERICKSON,ROBERT F&VIRGINIA 26 MASTHEAD CENTERVILLE MA 102632 USA —7 M ILN 193069 STEWART,HARVEY H&ELISA A 14 MASTHEAD CENTERVILLE MA �02632 USA �LN 193070 SULLIVAN,JANET,M TR 236 ROLLING CENTERVILLE MA �12632 USA HITCH RD 193071 NUGNES,JOHN A CATHERINE P NUGNES 235 ROLLING CENTERVILLE IMA 102632 USA HITCH RD 193072 SWARTZ,RALPH G&CAROLE B SWARTZ REAL ESTATE TRUST 223 ROLLING CENTERVILLE MA 02632 USA �TRS HITCH ROAD 193073 VANDER VOORT,THOMAS D VANDER VOORT,MARCIA B 209 ROLLING CENTERVILLE MA 02632 USA HITCH RD 193116 SIEMENSKI,STEPHEN J& SCHILLING,ERIKA A 50 OXNER RD CENTERVILLE MA 02632 193117 CAMPBELL,NEIL P& CAMPBELL,SUZANNE R 30 OXNER RD CENTERVILLE MA 02532 USA 193118 RIORDAN,ROBERTA J& RIORDAN,JAMES A&SONJA J 264 CAPN CENTERVILLE MA 02632 ILIJAITS RD 193120 HIGGINS,JAMES W&COLLEEN 4 OXNER RD CENTERVILLE MA 02632 USA 193121 SHAFROTH,JOHN F 21 OXNER RD CENTERVILLE MA 02632 193122 COSBY,JOHN F&MILDRED TRS 33 OXNER RD CENTERVILLE MA 02632 USA 193123. MCNAMARA,VIRGINIA M ; 41 OXNER RD CENTERVILLE 11 02632 USA 193124 MCCABE,THOMAS J&STELLA %LILIE,CORINNE 97 GREAT S YARMOUTH` MA 02664 USA WESTERN RD 193215 GOLDMAN,DAVID 75 RIVERVIEW CENTERVILLE �MA �02632. USA V LANE 1 . Friday,September 24,2004 Page 1 of 2 Mappar Ownerl Owner2 Address 1 Address 2 City State Zip Country 193216 GOLDMAN,DAVID.- JOANNE S GOLDMAN 75 RIVERVIEW ]CENTERVILLE IMA 102632 USA —7 LANE 193217 GOLDMAN,DAVID 75 RIVERVIEW CENTERVILLE MA �02632 USA LANE 193218 GOLDMAN,JOANNE S 75 RIVERVIEW CENTERVILLE MA 02632 USA LANE 193219 GOLDMAN,JOANNE S 75 RIVERVIEW CENTERVILLE �MA �02632 USA LANE 193220 GOLDMAN,DAVID JOANNE S GOLDMAN 75 RIVERVIEW CENTERVILLE 7ffTO2632 USA LANE 193221 GOLDMAN,JOANNE S: 75 RIVERVIEW CENTERVILLE MA 02632 USA LANE 193222 GOLDMAN,DAVID 75 RIVERVIEW CENTERVILLE IMA 102632 USA LANE 193223 GOLDMAN,JOANNE S �75 RIVERVIEW CENTERVILLE MA �02632 USA LANE 193226 CASTIELLO;THOMAS&FRANCES 525 OVERLAND ORANGE CT 16477 USA DRIVE 193227 DELANEY,MARK A. DELANEY,LAURA L. 53 HIGH NOON CENTERVILLE �MA �02632 DRIVE 193228 BROWN,DAVID B 15 JUDITH EVE CENTERVILLE MA �02632 USA 4 LANE 193233 SWARTZ,RALPH G&CAROLE B _ �223 ROLLING CENTERVILLE MA 02632 USA HITCH RD 193239 MCDONALD,THOMAS F PO BOX 293 CENTERVILLE A �02632 193240 MCDONALD,THOMAS F& MCDONALD,PATRICIA P O BOX 293 CENTERVILLE MA 102632 USA 193241 LOISELLE,JAMES E& __:GRILLO,MIKIAM G 246 ROLLING CENTERVILLE �MA �02632_ USA HITCH ROAD 193242 WILLIAMS,KIRK D&EMILY D 41 HAVILAND CENTERVILLE MA 02632 ' - WAY 193243; SHAFROTH,JOHN F 21 OXNER RD CENTERVILLE MA �02132 USA 193244 PALMISANO,ROGER&CRYSTAL 14720 KOGAN WOODBRIDGE VA �22193 USA 193245 WILLIAMS,BETTY L 27 HAVILAND CENTERVILLE �MA �0,632 USA WAY 193247 SYI IA,MATTHEW&SHIELA 15 HILLSIDE CENTERVILLE MA 102632 USA DRIVE Friday,September 24,2004 Page 2 of 2 i 2 a l l 2 y ��� l 1 j TOWN CLERK' N BARMMSLE .Town of Barnstable Zoning Board of Appeals Decision and Notice Dupont Appeal 2003-70—Appeals of the Building Commissioner . Undersized lots under separate control/ownership Summary: Overruled Building Commissioner Petitioner: Roger Dupont Property Address: 6 Conant Lane&43 Three Ponds Drive,Centerville,MA Assessor's Map/Parcel: Map 193 as Parcels 186 and 185 .Zoning: Residential C Zoning District Relief Requested&Background: Appeals 2003-70 and 71 are dealing with the subject of merger of adjoining undersized lots. The subject lots are both 0.35-acres in size. o Parcel 183 (Developer's Lot No.41)is developed with a one-story,three-bedroom, 1,632 sq.ft.single- fariiilydwelling,bunt in 1978 and is addressed 43 Three Ponds Drive. Parcel1.86 (Developer's Lot No.40)is vacant and is addressed as 6 Conant Lane. The lots were created by a* 1976 subdivision plan,recorded in Book 558,T'age 114. The lots met the zoning rem requients of the Residence C Zoning District-when created. Mo_se requirements remained unchanged unto 1985 with the.adoption of one-acre minimum lot'area.for all zoning districts in the Town. Roger A.Dupont and Diane J.Dupont,husband and wife,purchased developer's Lot 41 on March 16, 1979. Rodger A Dupont purchased developer's Lot 40,on May 25, 1979. On February4,2003,the applicant,through his attorney,Mr:John F.Thibbitts requested a Zoning Compliance Certificate from the Building Commissioner with reference to the buildability of the vacant parcel addressed as 6 Conant Lane,Centerville. Included with that letter was a review of the ownership of the abutting lots and attached documents. On February 11,2003 and again by certified marl on March 11,2003,the Building Commissioner issued his opinion that"because lot 41 is owned byhusband and wife and lot 40 is owned bythe husband,Roger Dupont had control of both of the lots. Therefore,the lots have not been held in separate ownership or in separated control." In accordance with MGL Section 6,the lot 40 would therefore have merged after five years from the 1985 zoning change,with lot.41 and the two would be considered as one developed lot for zoning purposes. Oa April 10,2003,the March 11,2003 decision of the Building Commissioner was appealed to the Board. That appeal was taken in a timelyfashion as prescribed in Section 15 of MGL Chapter 40A The essence of the Budding Commissioner's denial was based upon the term"control" Secdon 4-4.2(5) of the Town.of Barnstable Zoning Ordinance states: "5)Merged Lots: Except as otherwise provided herein,lawfullynonconformiag lots that are adjoining and held in common ownership,or under the control of the same owner,shall be treated so as to conform so far as possible with the minimum area requirement of the zoning district in which they are located." A memorandum in support of the applicant's appeal of the Building Commissioner was submitted In that / memorandum,the applicant is contending that the parcel is protected in two instances. The fast being Section / 4-4.2(5)in that the word"control" is further modified by the words "of the same owner." The second point being made is with reference to Section 4-4.2 (2) and the so-called`vesting'language that reads: "The protection afforded bythis paragraph shall become vested upon the sale or transfer of the lot so protected into ownership separate from that of adjoining lots or the budding thereon of a residence." In this instance,the reasoning is that a dwelling was constructed on one of the lots and that this language then would protect the adjoining vacant lot from merger with the house lot. The above determination is the substance of which is Appeal 2003-70,the appeal of the Decision of the Building Commissioner. In his decision,the Commissioner contends that two adjoining undersized lots are under common control and therefore would have merged for the purposes of zoning. Procedural&Hearing Summary-. This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on April 10. 2003. 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 May 21,2003 at which time the Board found that the two lots were in separate ownership and to overrule the Building Commissioner's decisions. Board Members:deciding this appeal were;Ron S.Jansson,Gail Nightingale,Richard Boy,Randolph Childs and.._..... .- Chairrnan.Daniel M Creedon Attorney John F.-Tibbitts represented the applicant. He addressed the Building Commissioner's decision, presenting a brief-history of the property ownerships. He noted the issue is that of lot protection and the- `vesting'of rights 9n'sepamte ownership. Mr.Tibbitts stated that the one lot is built upon and they are not under Identical.ownerships: One lot is owned as.tenants by entirety and the other by an individual The:Board-commented that historically they have held that ownership must be identical to be the same. Ix,oyas;�.:., ;...:_.;..,.. also noted that the Lots have been taxed at full value-as buildable. Public comment was requested'and no one spoke in favor or in opposition to the request. Findings of Fact: At the hearing of 1day21,2003,the Board unanimously made the following findings of fact: 1. Roger Dupont has appealed to the Zoning Board of Appeals the March 11,2003,decision of the Building Commissioner that the subject undersized lots have not been held under separate control and have merged for the purposes of zoning. The subject property is located as shown on Assessor's Map 193 as Parcels 186: and 185 addressed 6 Conant Lane and 43 Three Ponds Drive,Centerville,MA in a Residence C Zoning District. 2. Appea12003-70 deals with the subject of merger of adjoining undersized lots. The subject lots are both 0.35-acres in size. Parcel 186 (Developer's Lot No.41)is developed with a one-story,three-bedroom, 1,632 sq.ft.single-family dwelling,built in 1978 and is addressed 43 Three Ponds Drive. Parcel 185 (Developer's Lot No.40)is vacant and is addressed as 6 Conant Lane. 3. The lots were created by a 1976 subdivision plan,recorded in Book 558,Page 114. The lots met the zoning requirements of the Residence C Zoning District when created. Those requirements remained unchanged until 1985 with the adoption of one-acre minimum lot area for all zoning districts in the Town. rf , 4. Prior to the zoning change, Roger A. Dupont and Diane J. Dupont, husband and wife, purchased . developer's Lot 41 on March 16, 1979. Rodger.A.Dupont purchased the adjoining parcel, 186, developer's , Lot 40,on May 25, 1979. 5. On February 4,2003,the applicant requested a Zoning Compliance Certificate from the Building Commissioner with reference to the buildability of the vacant parcel addressed as 6 Conant Lane, Centerville. 6. The Building Commissioner issued his opinion that"because lot 41 is owned byhusband and wife and lot 40 is owned bythe husband,Roger Dupont had control of both of the lots. Therefore,the lots have not been held in separate ownership or in separated control" 7. There is no common ownership. The husband and wife own the first lot and solelyRoger Dupont owns the second lot. .8. There is no merger of the two lots,no common control of ownership: Decision: Based on the findings of fact,a motion was dulymade and seconded to.overrule the Building Commissioner in that the lots are not under identical ownership and are not under the control of the same individual The vote was as'f ollows: AYE: .Ron S.Janson,Gail Nightingale,Richard Boy,Randolph Childs and Daniel M.Creedon NAY: None - -In Appeal 2003-070 the ruling of the Building Commissioner with regains to 6 Conant.Lane and 43 Three Poods.Drive, Centerville,MA has been overturned: Appeals of this-d�cis z srx:jf-any,shall be made:pursuant o _., 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 Td Clerk. 4anie,Ivl+ Creedon,Chairman Date igned 4 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(o�j��j[ice of the Town Clerk ..Signed and sealed this day 0100 unde pains.and penalties-of Linda Hutchenridei,Town Clerk f December 8, 2004 246 Rolling Hitch Road Centerville, MA 42632 To Whom It May Concern, I am writing this letter to inform you of my consent with the decisions that Tom and Pat McDonald wish to take with their property on Rolling Hitch Road in Centerville. As neighbors for over eleven years I feel that they have always been concerned with their current Piece of property and the up-keep. It is evident that this is a top priority of theirs as is many others that live on Rolling Hitch Rood, I huge also been fortunate to get to know them more than any other neighbor on Rollin Hitch Road and feel that I have been extremely fortunate to have them as neighbors not only for fact mentioned above but for their character also. Our neighborhood will continue to benefit from having these two well respected citizens as neighbors. It is my hope that you highly consider the changes that they are proposing. Thank you for your attention to this matter. Miriam Loiselle p i December 7 2004 Zoning Board of Appeals Dear Zoning Board of Appeals: We are writing this letter to support Thomas and Patricia McDonald's petition to,divide the two lots addressed as`242 andx244 Roleg""ET cH R5ad:in-Centerville. We have been next- door neighbors to the McDonalds for eleven years. They understand the beauty of the neighborhood. They have told us about their plans for the property, and we are confident that they will maintain the integrity of the neighborhood. Sincerely r Catherine P. Nugne" s ' r I John A. Nugnes X. d' mt� 80wc °� — 9ar� - • O -- _ viY V •JAAQ. O .&e up* b y 15 5 ,e, Z36 32 w D O QS t .61 AC 46 C SAG. OR. lJ ydt S^ I �8 wcr / 1.1 b Tosq� 8 P i ,100 s� �I /.05 T-4 y4 `4 !p Gt 9.9 L35 .46 2 teW°,i}y _J44c .7L 4C h� 4c — 3.15 wer y 1.05 r lOt, J aC �Ri yy�ty o sa 4 4C r J,44 _ 7- l07 Ie ,a 39 Q 19 ^ d74C O y �S' 1, a9 4C 6 jo .3'1 AL�5 M h3 3 B 108 ® 2 4�+" a 23 V 9r sC .35q C• A - 21 P� �.. ;�.� �� c•Z a dT D� � ax •g M 1 � l09 � ® � � ,. .•�� - yi 110 4 1 .414C. a z ed ,�° r zs 4C d v®, f s3 1 v " zo ,li `.a =6tnr O 19 A� ZAP !: 120 ti 2 � o l 9 47'^c Q 40{o i a .4/4C 't &� Ab O J o tb O ;EOUAOUEr LAKE l21 ® s .3��C-S 219 L® wo, '5° . .,12 vwaep �� zl �.. 22 ®�so✓ '�T e� . Ab 91 g I S a 74 _. \\ v .4y.e+rs p .3iAG mat IWO, r O � 42 49 , 2zovr 34 ' 4Z -- ,s sip ry� Legg .aaD ww� 1 .54 AC lc?V:' 4V ® $ 47.AC 'J k !rI !� 8 N} 0 $ 1 P t 2zl 011 w P e2„aee 2r 9Qs l) -4S AC f. ti Ae Wew� 46 ,r 124 AC • O ASS 4� g, a O 41 .61 AC t 't `F eo 1 Nutter Patrick M.Butler Eliza Cox Direct Line: 508-790-5431 Fax: 508-771-8079 E-mail: ecox@nutter.com February 2, 2004 104921-1 By gland �" , C .) � Tom Perry, Building Commissioner ,q„2 Town of Barnstable 200 Main Street / Uf f 03'f Hyannis, MA 02601 1- 0 -r-O Z c' �— Re: Thomas and Patricia McDonald 242 Rolling Hitch Lane-(Map 193, Lot 239); Thomas McDonald - 244 Rolling Hitch Lane (Map 193, Lot 240) Dear Tom: We are submitting this correspondence, together with referenced attachments, on behalf of our clients, Thomas and Patricia McDonald,.requesting a determination from you as to whether the vacant property located at 242-Rolling Hitch Lane in Marstons Mills (Map 193, • Lot 239) is a buildable lot. In assisting you in making such a determination, we are providing herein some background information regarding the lot and its title history, particularly with reference to its relationship with the adjoining, developed property located at 244 Rolling Hitch Drive (Map 193, Lot 240). The Properties The subject property is located at 242 Rolling Hitch Lane in Centerville and is shown on Barnstable Assessor's Map 193 as Lot 239 (hereinafter the "Vacant Lot"). For your reference, we have attached hereto as Exhibit A, a copy of a portion of Assessor's Map 193 showing the Vacant Lot highlighted thereon in orange. The House Lot (as defined below) is highlighted thereon in yellow. The Vacant Lot is presently owned by Thomas F. McDonald. In addition, the adjacent property,-known as and numbered 244 Rolling Hitch Lane in Centerville is shown on Assessor's Map 193 as Lot 240 (hereinafter the "House Lot"). The House Lot is developed with a single family dwelling that according to the assessor's information was constructed in approximately 1985 and is approximately 2,716 square feet. The House Lot is presently owned by Thomas F. McDonald and Patricia S. McDonald. The properties are further shown on the 1984 subdivision plan entitled "Plan of Land in Barnstable (Centerville) Mass. for R. Arthur and Betty L. Williams" dated June 2, 1984, recorded with the Barnstable County Registry of Deeds (the "Registry") in Plan Book 386 as Nutter McClennen & Fish LLP o Attorneys at Law 1513 lyannough Road, P.O. Box 1630 ■ Hyannis, MA 02601-1630 a 508-790-5400 a Fax: 508-171-8079 ■ www.nutter.com Tom Perry, Building Commissioner February 2, 2004 Page 2 y Plan 27 (hereinafter the "Subdivision Plan"). The Vacant Lot is shown as Lot 1 (highlighted in orange)and the House Lot as Lot 2 (highlighted in yellow) on the Subdivision Plan, a copy of which is attached hereto as Exhibit B. In addition, the properties are also shown on the 1993 Approval Not Required Plan entitled "Plan of Land in (Centerville)Barnstable, Mass. for David A. Sauro, Trustee" dated November 29, 1993, which is recorded with the Registry in Plan Book 500, as Plan 31 (the "ANR Plan"). The House Lot is shown as Lots 2Aand 1B (highlighted in yellow) and the Vacant Lot is shown as Lots lA and 2B (highlighted in orange) on the ANR Plan, a copy of which is attached as Exhibit C. Both properties are located in the Residential C and the Resource Protection Overlay Districts. According to the ANR Plan, the Vacant Lot contains approximately 15,369 square feet of land and the House Lot contains approximately 18,161 square feet. Accordingly, neither property conforms with the minimum lot size requirements of the RC or the RPOD districts. Other than minimum lot size, it appears that both properties conform to the other bulk regulations of the RC zoning district. The RPOD became effective on or about November 25, 2000. In addition, the minimum lot size in the RC district was increased to one acre in 1985. Title Histories Based upon our review of the title to both properties, both properties were held separately since 1985. For your reference, a summary of the title history to the properties since 1985 is summarized below: HOUSE LOT VACANT LOT 3/7/1985 - Deed from Arthur 3/7/1985 - Deed from Williams and Betty L Williams to Arthur Williams and Betty the David Family Trust, David A. L. Williams to the David Sauro as Trustee (Book 4441, Page Building Trust, David A. 313) Sauro as Trustee (Book 4441, Page 310) 1/21/1994 - Deed from David 1/21/1994 - Deed from Building Trust to David Family David Family Trust to Trust for Lot 1B only (as shown on David Building Trust for Lot the ANR Plan) (Book 9014, Page 2B only (as shown on the 240). ANR Plan) (Book 9014, Page 237). I Tom Perry, Building Commissioner February 2, 2004 Page 3 1/21/1994 - Deed from the David 1/21/1994- Deed from Family Trust to Thomas F. David Building Trust to McDonald and Patricia S. Cape Cod Bank and Trust McDonald (Book 9014, Page 243) Company (Book 12921, Page 201). 3/30/2000 - Deed from Cape Cod Bank and Trust Company, N.A., to Thomas F. McDonald (Book 12931, Page 203). Copies of the deeds referenced above are not included herein, however, we would be happy to provide copies to you upon your request. As is noted in the table above and as shown on the ANR Plan, it appears that in December of 1993, the Barnstable Planning Board endorsed the ANR Plan which carved Lot 2B (as shown on the ANR Plan) out of what used to be a part of the House Lot and simultaneously carved Lot 1B (as shown on the ANR Plan) out of what used to be the Vacant Lot. Then, in 1994, as noted in the above table, Lot 2B was deeded to and combined with the Vacant Lot and Lot 1B was deeded to and combined with the House Lot. In effect, there was a swapping of land between the two properties. Effect of ANR Endorsement and Reconfiguring of Lot Lines Since the House Lot and the Vacant Lot were shown on the Subdivision Plan and held in legally separate entities in March of 1985, the two lots were grandfathered from the minimum lot size increase in the RC and RPOD zoning districts. Moreover, in accordance with the DuPont Barnstable ZBA decision (copy attached hereto as Exhibit D), the properties have remained in separate ownership. Accordingly, pursuant to Section 4-4.2(5), it is clear that the properties have not merged. As such, the critical issue in determining if the Vacant Lot is buildable is the effect of the ANR Plan.' In making this determination, Section 4-4.2(1) of the Zoning Ordinances ' It should be noted that there are two ZBA decisions affecting the properties (Appeal Nos. 1994-016 and 1994-017). Both decisions hold that the reconfiguring of the lot lines interrupts the prior non-conforming nature of the properties. However, both decisions may be procedurally invalidated. The applicant in both decisions is David Sauro as Trustee of the David Building Trust and as Trustee of the David Family Trust. However, by the Tom Perry, Building Commissioner February 2, 2004 Page 4 instructs that.residential properties will be grandfathered from increased bulk regulations provided subsections A-D therein are meta The zoning change in question that rendered the Vacant Lot non-conforming occurred in 1985 when the minimum lot size was increased to one (1) acre. At that time, the Vacant Lot complied with each subsection A-D of section 4-4.2(1). As such, the Vacant Lot was a properly grandfathered, legally non-conforming, separate buildable lot. The slight change in the boundary of the Vacant Lot in 1993 did not effect this grandfathered status, since at the time of the ANR endorsement, the Vacant Lot was separately owned (subsection A); had a minimum of 5,000 square feet and the minimum frontage requirement of the RC District (subsection B); the Vacant Lot conformed to existing zoning in that it was properly grandfathered (subsection C); and it was separately owned since 1985 (subsection D). As such, we believe that you may make a determination that the Vacant Lot is a properly grandfathered, buildable lot. Mr. and Mrs. McDonald seek this determination to allow them to construct a new single family dwelling for their personal use on the Vacant Lot without the necessity of appearing for the Board of Appeals. The new dwelling will comply with all setback distances of the Ordinances. Thank you very much for your consideration. Please do not hesitate to contact us with any questions. time the decisions were rendered in April of 1994, the applicant Trusts no longer owned the subject properties. As noted in the table above, by April of 1994, the House Lot was owned by Thomas and Patricia McDonald and the Vacant Lot was owned by Cape Cod Bank and Trust Company. The January 1994 conveyance in lieu of foreclosure of the Vacant Lot to Cape Cod Bank and Trust Company clearly interrupted and procedurally invalidated the ZBA proceedings which were still pending after the conveyance. Accordingly, the Trusts had no legal standing or right to appear before the Board as of the date the properties were sold, and the applications should have been withdrawn from the ZBA. Accordingly, the ZBA decisions have no legal effect. Tom Perry, Building Commissioner February 2, 2004 Phi Page 5 With best regards, we remain, 9rs . Butler 6�4 Eliza Cox EZC:bp cc: Mr. and Mrs. Thomas F. 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' Cap" NN6 6ar.+em-WIVN0A'wo effCOWc� - AT THIS CFINCS &NO "M A �A/GS } f SLlcvavvta %-a TN!T E"ry�j 'S��DS�UWr •T�-" 5UCN eh cm.Pr �URT.CM.aE1b�E%CE:Pf- IL s SuP6RJo '.s - 94TE �Q�� MIbSAL s 8A[e►JSrADUE• TiwPSCl.s'e�c ._ F.Sb><('ER. wiyEitiG. i x 'e.-I ST U jmCa LAND Svevr vo es 1 C6eTIFy TN A"1' TN�a PLAN - :, . . .. .. " .,�•,, . - ANO C'E4ulAT10� OF THE - .• � ., 2GGl:'.TBR'S,� or oElD S. Ft" ;. r OOL 7N I CERTST THAT TIOS PLAN HAS s, , GRAPHIC SCALE 'SEEN PREPARED IN COiObQTY VFM 0 1? 40 THE RULES AND IEGLR,ATIOIS W THE REGISTERS Of DEEDS. Lam „I LN,C„[T UINE LOCUS MAP R �Sl.1OR ��!��0������ 140p NR(� NAP 123 PARM 230-240 _ ZONE At. f1ESODILi C 1NOMs AREA-4;SE0 3:F. FRONTAGE-ffi O WIN tOd FRONT SEIRAOII-2or Lv ❑ LOT 2A 1 SLOE SETSAos-IW 17,932 S.F. PEAR SEMAW-ur r 0.41 AC. (OR RLS�IF o TOTAL 18,161 sq. ft. S 19T23 C °dot r 1 i o R .z LOT 2D mar 229 RFL LL) / . � r i>. _�sw7tYE_ c / off'` — LOT 11 /z DIO`f' �.� �IIAY EAST 220 sqIL �4 Q*�/ $ ►bt4Dry 3522• 504R4 S�2''0 45.1 ". C. C ^ G 11ozzi�T M6� G_ e p h 2zr CPA ►o0, Y Won, R, LOT IA } v �"J• 15140 S.F. ,( 3sa3 = 0.35 Ac. 42.W . ' TOTAL 15369 sq. ft. S# = 19.68 - ems, �30 3E.lM' 41.04-`� � � NfMI'13'30'V MOS'0031'V 3 ~ R NUDES . M. PLAN OF LAND IN (CEN70t41L 0 BARNSTABLE , MASS. WINSTABLE PLANNING BOARD FW APLMI M U CEN I E SLL1GI."m DAVID A. SAURO TRUSTEE NOT Iiaw". OATS•/ " SCALE: 1'.W DATE: WV. 20.1003 1111LTa•WE INC. -•o 'REM1ZAE!IAND SURVETOS NOTE: NO OE1d00NA110N AS TO * CIVIL ENWHEER OOWUANCE WORN 1IE ZONNO 0lmNLL.E.NASS. NOIC. ORONANCE IEOU01DdE NTS HAS a LOT 1 IS OWU OT OAMD A.SALM TRUSTEE OF OAVD K*D01G TRIM 9001E 4441 PACE 3106 9m1 MADE OR INTENDED BY 1LiE LOT 2 G 0WW 9Y DAv10 A.SALR0.11RRSTEE OF DAMD FAULT TRUST 9001E 4441 PAGE 311 LOT 19 AND LOT 29 ARE NOT TO K CONSWEREO,AS SEPARATE 9ULMG LOPS A901EE DWORSDI NT LOT 19 0 TO DE CONENED WM LOT 2A. ' LOT 29 d TO SE COMDRIED NON LOT to • .. - /GOOD I D . . ..; .. D i T ► .RK' �t > BARNSTABi E CLERK' .Town of Barnstable Zoning Board of Appeals Decision and Notice Dupont Appeal 2003-70—Appeals of the Building Commissioner Undersized lots under separate controllownership Summary: Overruled Building Commissioner Petitioner: Roger Dupont Property Address: 6 Conant Lane&43 Three Ponds Drive,Centerville,MA Assessor's Map/Parcel: Map 193 as Parcels 186 and 185 .Zoning: Residential C Zoning District Relief Requested&Background: Appeals 2003-70 and 71 are dealing with the subject of merger of adjoining undersized lots. The subject lots are both 0.35-acres in size. • Parcel 183 (Developer's Lot No.41)is developed with a one-story,three-bedroom, 1,632 sq.ft.single- fanZydwelling,built in 1978 and is addressed 43 Three Ponds Drive. • Parcel 186 (Developer's Lot No.40)is vacant and is addressed as 6 Conant Lane. The lots were created by a 1976 subdivision plan,recorded in Book 558,rage 114. The lots met the zoning requirements of the Residence C Zoning District when created. Those requirements remained unchanged until 1985 with the adoption of one-acre minimum lot`area for all zoning districts in the Town. Roger A Dupont and Diane J.Dupont,husband and wife,purchased developer's Lot 41 on March 16, 1979. Rodger A Dupont purchased developer's Lot 40,on May25, 1979. On February4,2003,the applicant,through his attorney,Mr.John F.Thibbitts requested a Zoning Compliance Certificate from the Budding Commissioner with reference to the buildability of the vacant parcel addressed as 6 Conant Lane,Centerville. Included with that letter was a review of the ownership of the abutting lots and attached documents. On February 11,2003 and again by certified mail on March 11,2003,the Building Commissioner issued his opinion that"because lot 41 is owned byhusband and wife and lot 40 is owned bythe husband,Roger Dupont had control of both of the lots. Therefore,the lots have not been held in separate ownership or in separated control." In accordance with MGL Section 6,the lox 40 would therefore have merged after five years from the 1985 zoning change.with lot.41 and the two would be considered as one developed lot for zoning purposes. On April 10,2003,the March 11,2003 decision of the Building Commissioner was appealed to the Board That, appeal was taken in a timely fashion as prescribed in Section 15 of MGL Chapter. Y 40A P p The essence of the Building Commissioner's denial was based upon the term"control" Section 4-4.2(5) of the Town.of Bamstable Zoning Ordinance states: "5)Merged Lots: Except as otherwise provided herein,lawfullynonconforming lots that are adjoining and held in common ownership,or under the control of the same owner,shall be treated so as to conform so far as possible with the minimum area requirement of the zoning district in which they are located." A memorandum in support of the applicant's appeal of the Building Commissioner was submitted. In that memorandum,the applicant is contending that the parcel is protected in two instances. The first being Section 4-4.2(5)in that the word"control" is further modified by the words "of the same owner." The second point being made is with reference to Section 4-4.2 (2) and the so-called`vesting'language that reads: "The protection afforded bythis paragraph shall become vested upon the sale or transfer of the lot so protected into ownership separate from that of adjoining lots or the building thereon of a residence." In this instance,the reasoning is that a dwelling was constructed on one of the lots and that this language then would protect the adjoining vacant lot from merger with the house lot. The above determination is the substance of which is Appeal 2003-70,the appeal of the Decision of the Building Commissioner. In his decision,the Commissioner contends that two adjoining undersized lots are under common control and therefore would have merged for the purposes of zoning. Procedural&Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on April 10; 2003. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 404. The hearing was opened May 21,2003 at which time the Board found that the two lots were in separate ownership and to overrule the Building Commissioner's decisions. Board Members,deciding this appeal were;Ron S.Jansson,Gail Nightingale,Richard Boy,Randolph Gilds and..._ ,. .- Chairman Daniel M.Creedon AnomeyJohn F.Tibbitts represented the applicant. He addressed the Building Commissioner's decision, presentinga brief history of the property ownerships. He noted the issue is that of lot protection and the.-:: `vesting'of rights in separate ownership. Mr.Tibbitts stated that the one lot is built upon and they are not under: >: .identical ownerships: One lot is owned as:tenants by entirety and the other by an individual The Boarrl_commented that historically they have held that ownership must be identical to be the same. also noted that the Lots lave been taxed at full value-as buildable. Public comment was requested and no one spoke in favor or in opposition to the request. - Findings of Fact; At the hearing of 1&y21,2003,the Board unanimously made the following findings of fact: 1. Roger Dupont has appealed to the Zoning Board of Appeals the March 11,2003,decision of the Building Commissioner that the subject undersized lots have not been held under separate control and have merged for the purposes of zoning.. The subject property is located as shown on Assessor's Map 193 as Parcels 186.- and 185 addressed 6 Conant Lane and 43 Three Ponds Drive,Centerville,MA in a Residence C Zoning District. 2. Appeal 2003-70 deals with the subject of merger of adjoining undersized lots. The subject lots are both 0.35-acres in size. Parcel 186 (Developer's Lot No.41)is developed with a one-story,three-bedroom, 1,632 sq.ft.single-family dwelling,built in 1978 and is addressed 43 Three Ponds Drive. Parcel 185 (Developer's . Lot No.40)is vacant and is addressed as 6 Conant Lane. 3., The lots were created by a 1976 subdivision plan,recorded in Book 558,Page 114. The lots met the zoning requirements of the Residence C Zoning District when created. Those requirements remained unchanged until 1985 with the adoption of one-acre minimum lot area for all zoning districts in the Town. 4. Prior to the zoning change, Roger A. Dupont and Diane J. Dupont, husband and wife, purchased developer's Lot 41 on March 16, 1979. Rodger A.Dupont purchased the adjoining parcel, 186, developer's Lot 40,on May 25, 1979. 5. On February4,2003,the applicant requested a Zoning Compliance Certificate from the Building Commissioner with reference to the buildability of the vacant parcel addressed as 6 Conant Lane, Centerville. 6. The Building Commissioner issued his opinion that."because lot 41 is owned by husband and wife and lot 40 is owned bythe husband,Roger Dupont had control of both of the lots. Therefore,the lots have not been held in separate ownership or in separated control" 7. There is no common ownership. The husband and wife own the first lot and solely Roger Dupont owns the second lot. 8. There is no merger of the two lots,no common control of ownership: Decision: ,. Based on the findings of fact,a motion was duly made and seconded to overrule the Building Commissioner in that the lots are not under identical ownership and are not under the control of the same individual. The.vote was as-follows: AYE: .Ron S.Janson,Gail Nightingale,Richard Boy;Randolph C idds and Daniel M Creedon NAY: None Orci�red: In Appeal 2003-070 the ruling of the Building Commissioner with regards to 6 Conant Lane and 43 Three' Ponrids Drive,Centerville,MA has been overturned. Appeals of this.,4e stun;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 To Clerk.' d -. 2oa3 —Daniel M.Creedon,Chairman 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 o ice of the Town Clerk Signed and sealed this day C7 06) unde pains penakies"of.per�uty_ ., Linda Hutchenrider,Town Clerk - - - - - j \ � V r TOWN OF SARNSTABLE n`_ ZONING BOARD OF APPEALS DECISION AND NOTICE Variance - Non-Conforming Lots / when Exempted Appeal No. 1994-17 Summary Denied Appeal No. 1994-17 Applicant/owner Sauro, David A., Trustee of David Building Trust Address: 1582 Route 132, Hyannis, MA 02601 Property Location: 242 Rolling Hitch Rd., Centerville, MA (house) Assessor's Map/Parcel: 193-239; 0.33 Acres Zoning: RC - Residential C District Groundwater overlay: AP - Aquifer Protection District Applicant's Request: Variance to Section 4-4.5 Non-Conforming Lots/ when exempted. Activity Request: To adjust side boundary between the two properties in a manner to eliminate any side yard setback requirement intrusion on parcel 193-240 and to maintain existing lot size for both lots. Procedural Provisions: Section 5-3.2 (3) : variances Procedural Summary: The petition was filed with the Town clerk and the zoning Board of Appeals on December 28, 1993. A public hearing, duly noticed under M.G.L. Chapter 40-A was opened, heard and continued to March 2, 1994, and then continued to April 13, 1994, at which time the hearing was closed and a decision rendered. The petition was heard by Board Members Tom DeRiemer, Betty Nilsson, Robert Thorne, Acting Chairman Gail Nightingale. Background Information: This Decision concerns the second of two appeals being considered at the same time. According to the Assessors Records the two adjacent lots are 0.42 acres (northern parcel containing a single family home) and 0.33 acres (southern parcel, a_vacant lot) respectively. Both parcels have frontage on the end of Rolling Hitch Road "Tee" (a cul-du-sac) just north of the intersection with Masthead Lane, Centerville. The petitioner is requesting relief from Section 4-4.5 Non - Conforming Lots / When Exempted to maintain the continued non - conformity status of both lots and to allow the adjustment in the mutual property line. Decision - Appeal No. 1994-17 .variance - Non - Conforming Lots / When Exempted: Sauro This appeal (Appeal 1994-17) concerns the southern vacant lot which is identified as Map/Parcel 193-239. The northern Lot identified as Map/Parcel 193-240 (Appeal 1994-16) has a 3,432 sq. ft., 1.5 story "Cape Cod" single family dwelling on it that extends into the required side yard setback of 10 ft. The home was built in 1985. Summary of public Hearing: opened by Vice-Chairman Gail Nightingale, who recognized Attorney Jansson of the Board who informed he was not in partnership with Attorney Thibbitts, who represents the applicant, but that they do share office space and therefore felt he should step down from hearing this appeal. He was acknowledged by the Acting Chairman Nightingale. Ms. Nightingale then informed Attorney Thibbitts that only four members are available to hear the petition and asked if he would like to postpone or if he would like to be heard with four members which means that in the event of a vote there cannot be even one dissenting vote in order to be approved. Attorney Thibbitts opted to be heard tonight and stated his understanding of the vote process as explained by Ms. Nightingale. Acting chairman Nightingale then read the legal and Attorney Thibbitts- was recognized and began by explaining that appeals 1994-16 Sauro (David Family Trust) and 1994-17 Sauro (David Building Trust) were two separate petitions but that because the land in question abuts, that he would like to have the appeals heard together. Ms. Nightingale acknowledged with approval of the Board. Mr. Thibbitts then addressed the staff report concerns and submitted a memorandum of law in support of these appeals. The staff report concerns are as follows: The memorandum of law submitted addressed the concern of (2a) "control', which states that the trusts are separate legal entities. The Board takes issue with this assessment and will have the town legal department review the application. ` The issue of present ownership also was addressed and a deed duly recorded at the Barnstable county Registry of Deeds was submitted to the file from neighbors stating that the new owners are Thomas and Patricia McDonald. The Board will check to see if Mr. Sauro has a right to continue with this matter or if the McDonald,s should be required to file the application. Ms. Nightingale asked for public comment and several neighbors spoke in opposition to the request, namely Ralph Schwartz, Carol Schwartz, Jack Nugis, Cathy Nugis, Janet Sullivan, Marilyn Gerlo, speaking for Dave Archibalt was Mr. MacNamara and neighbor Tom van Devort. These Decision - Appeal No. 1994-17 ,Variance - Non - Conforming Lots / When-Exempted: Sauro neighbors also submitted a petition in opposition to this action for the file. Acting chairman, Gail Nightingale deemed this hearing continued to March 2, 1994 at 8:45 P.M. in order to allow time for questionable issues to be addressed by town counsel. Continued Appeal No. 1994-17: Sauro Attorney Thibbitts requests an extension of time and wishes to be continued to April 13, 1994 at 7:30 P.M. The Board agrees and Attorney Thibbitts signed an extension which the secretary clocked in at the town clerks office the next morning. Continued Appeal No. 1994-17: Sauro Attorney Thibbitts representing the petitioner had a few brief comments ` as background information. He stated that what they had originally appealed for in fact had taken place and if the Board approved this petition it would be doing so after the fact. Due to unfortunate circumstances with the bank Mr. Sauro had to sell the land with the changes of reconfiguration in lot lines to avoid foreclosure. The purchaser, Mr. McDonald, purchased lot 2 with the house on it. Mr. Sauro could not get financing for a "Land Loan" for lot 1, so he was forced to sell lot 1 as well. The lots were in two separate ownerships and Mr. Sauro would like the Board to protect the non-conformity of the lots. He informed that they do comply with frontage. However it is a diminuous situation. Acting chairman Gail Nightingale advised Attorney Thibbitts that at the last meeting she informed that only four members of the original five were available to hear the rest of the appeal and that Mr. Thibbitts had agreed to continue. Attorney Thibbitts said yes he remembered and that he wished to continue. Tom DeRiemer asked if the driveway was built with the assumption that the lots were one. Attorney Thibbitts said the driveway was a mistake. There is a garage attached on the southerly end of the house and that the original wrong driveway had been fixed by an easement and that selling the lot was done to correct a sideyard violation. Acting chairman Gail Nightingale said she felt that they had lost the nonconformity by deeding out the land and by changing the lot lines which she felt he had no right to do. Attorney Thibbitts said they were in between a rock and a hard place. Decision - Appeal No. 1994-17 Variance - Non - Conforming Lots / When Exempted: Sauro Attorney Thibbitts asked the Board to consider that they were under time constraints and that it was the best possible solution to resolve the problem. Public Comments: No public comments were offered. Finding of Facts: Based upon the evidence submitted and testimony given at this public hearing, a motion to unanimously approve the following finding of facts was made, seconded and approved: 1. In Appeal number 1994-17 that of 242 Rolling Hitch Road, the David Family Trust, owner of lots 1 and 2, changed the lot lines and deeded out the property therein giving up the right for non-conformance; 2. In Appeal number 1994-16 which is the back lot that is developed with a single family dwelling on it, the applicant has located the home and driveway in such a manner that it requires both lots to be usable. This again is a self-imposed hardship. 3. The request is not in keeping with the spirit and intent of the zoning ordinance. 4. By altering the lot lines a self-inflicted hardship was created and therefore no variance conditions can be found. Conclusion: Accordingly, based upon the findings of the Board, a motion was duly made and seconded that appeal No. 1994-17 for a variance to Section 4- 4.5 be denied. The Vote was: AYE: Betty Nilsson, Tom DeRiemer, Robert Thorne, Acting Chairman Gail Nightingale. NAY: None second: Tom DeRiemer VOTE: Affirmative: Betty Nilsson, Tom DeRiemer, Robert Thorne, Acting Chairman Gail Nightingale. order: Appeal No. 1994-16 David A. Sauro, Trustee of David Building Trust is Denied. Appeal of this decision, if any, shall be made pursuant to MGL Chapter 40-A, section 17, and shall be filed within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. Any person aggrieved by this decision may appeal to the Barnstable Superior Court, as described in Section 17 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts by bringing. an action Within twenty days after the decision has been filed in the office of the Town Clerk. Chairman I. 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. Signed and Sealed this day of 19 under the pains and penalties of perjury. Distribution: Property Owner Town Clerk Town Clerk Applicant Persons Interested Building Inspector Public Infcr--ac=on Board of Appeals .� ea s Application to Petition for a Variance and/or Special Permit D-,te Received s For office UseO8ti k:ERK Tc,Mrn Clerk o ,f f ice Appeal # B L:M i'- Hearing Date -V-17 Decision Due „n ., . '93 Ott ; 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: David A_. Sauro, Trustee of Petitioner Name: David Building Trust , Phone 362-1300 Petitioner Address: 1582 Route 132 , Hyannis, MA 02601 Property Location: 242 Rolling Hitch Road, Centerville, MA 02632 Property owner: Same as petitioner , Phone Same as above Address of owner: Same as petitioner If petitioner differs from owner, state nature of interest: Number of Years owned: 8 ( since March, 1985 ) Assessor's Hap/Parcel Number: 193-239 Zoning District: RC Groundwater Overlay District: AP . Variance Requested: Sec. 4-4 .5 Non-Conforming Lots/When Exempted Cite Section i Title of the Zoning Ordinance Description of Variance Requested: Variance to permit the continued non-conformi: status of Lots lA and 2B on ANR p an dated Nov. , , and approve Dec-13 . 1993 _ attachPd hPrPJ-n, whi +h plan corrPctG a side Yard setback violation on Lot 2 , Plan Book 386 , Page 27 . Description of the Reason and/or Need for the Variance: Variance/Special Permit is needed to allow the continued non-conformit of-Lots lA and 2B, which replace Lot 1 , Plan Book 386 . Page 27 . and con ain the same total area as Lot 1 contained and corrects a side .yard setback violation between old Lots 1 and 2 _ Lot 1 hag hPPn held in sppAratP ownershin from To 2 Discrortion of Construction Activity (if applicable) : None. Existing Level of Development of the Property - Number of Buildings : Present Use(s) : , Gross Floor Area: sq.ft. Proposed Gross Floor Area to be Added: Altered: Application to Petition for a Variance 1e the property within a Historic District? Yes [ ] NO Is the property a Designated Landmark? yes [ ] No �{� , For .Historic Deoartment Use Only: Not Applicable . . . . . . . . . . . . . . . [ j OKH Plan Review Number Date Approved Signature: Have you applied for a building permit? Yes ( ] No (� Has the Building Inspector refused a permit? Yes [ ] No x[x] All applications for a Variance which proposes a change in use, new 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. The petitioner may submit any additional supporting documents to assist the Board in making its determination. Signature: Date: /c;! Petitioner or. Agents Signature Agent's Address: Phone: Fax No. f Zhe following are the most recent names, mailing addresses and corresponding As�Qssorls Map t Parcel Numbers of the abutting property owners, the owners of land directly opposite on any public or private street or way, and all sbuttrrs to the abutters within three hundred (300) feet of the property lines of the subject property. Assessor s 'sap Parcel Number Owner's Name Address 192-207 Sandra Hirsch 1160 Phinney' s Lane, Centerville, MA 02632 193-66 James T. Duane 11 Masthead Lane, Centerville, MA 02632 193-68 Robert F. Erickson 26 Masthead. Lane, Centerville, MA 02632 193-69 Reginald Silvia 14 Masthead Lane, Centerville, MA 02632 193-70 Janet Sullivan 236 Rolling Hitch Rd. , Centerville, MA '02.632 193-71 John A. Nugnes 235 Rolling Hitch Rd. , Centerville, -MA 02632 193-72 Carole * B. Swartz 223 Rolling Hitch Rd. , Centerville, MA 02632 193-73 Thomas Vandervoort 209 Rolling Hitch Rd. , Centerville, MA 02632 193-121 David McGraw 21 Oxner Road, Centerville, MA 02632 193-122 John Crosby 33 Oxner Road, Centerville, MA 02632 193-123 George McNamara 41 Oxner Road, Centerville, MA 02632 193-124 Thomas McCabe 49 Oxner Road, Centerville, MA 02632 193-125 William Dever 358 Prince Hinckley Rd. , Centerville, MA 0263: 193-217 David Goldman 76 River View Lane, Centerville, MA 02632 193-218 Joanne Goldman 76 River View Lane, Centerville, MA 02632 193-219 Joanne Goldman 76 .River View Lane, Centerville, MA 02632 193-220 David Goldman 76 River View Lane, Centerville, MA 02632 193-221 Joanne Goldman 76 .River View Lane, Centerville, MA 02632 193-222 David Goldmand 76 River View Lane, Centerville, MA 02632 193-226 Thomas Castiello 525 Overland Drive, Orange, CT 06477 193-227 Fred Williams Highnoon Drive, Centerville, MA 02632 193-228 David Brown 15 Judith Eve Lane, Centerville, MA 02632 193-233 Carole Swartz 223 Rolling Hitch Road, Centerville, MA 02632 193-240 David Sauro 163 Tern Lane,, Centerville, ' MA 02632 193-241 David Sauro 163 Tern Lane, Centerville, MA 02632 193-242 Arthur Williams 27 Haviland Way, Centerville, MA 02632 93-243 David McGraw . 21 Oxner Road, Centerville, MA 026-32 .93-244 Betty Williams * 27 Haviland Way, Centerville, MA 02632 TOWN OF BARNSTABLE ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING UNDER I ZONING APPEAL NO.1994-I8 8:00 P.M. ORDINANCE MEETING OF FEBRUARY 23, Richard D.Arenstrup.Trustee of Cape 19% Ann Trust has appealed to the Bamstable Zoning Board of Appeals for a Special To all persons deemed interested or af- Permit to Barnstable Zoning Ordinance, fected by the Board of Appeals, under ,. Section 4-4 non-conforming use to per. Sec.I 1 of Chap.40A of General Laws of mit renting of 19 rooms and parking for the Commonwealth of Massachusetts and 12 cars. Addition of 12 baths to provide all amendments thereto.you are hereby accommodations and Addition of one notified that: intc"orstainvayforimpmveditreegress. APPEALNO. 1994-IS 7:30P.M. The lot is located on Assessor's Map 326.. Kevin and Nancy Shearerhave petitioned Parcel 29,commonly referred to as 93 the Barnstable Zoning Board of Appeals . . Pleasant Street,Hyannis.MA and is in a for a Variance to Barnstable Zoning Or. r. RB 1 Residential B 1 District, dinance,Section 3.1.1(5)Bulk Regula- A PUBLIC HEARING WILL BEHELD dons,for zoning setback regulations in ON THIS APPEAL AT 8:00.P.M. order to construct a deck. The lot is APPEAL NO.1994-19 8:15 P.M. located at Assessor's Map 246, Parcel DonaldLamriganhas petitioned the Bam. 235. commonly referred to as 56 Sea stable Zoning Board of Appeals for a Meadow Circle. Centerville, in a RB. VafiancetoBamstableZoningOtdinanoe, Residential B Zoning District Section 3-1.1(5)Bulk Regulations 1 APUBLICHEARING WILL BE HELD , allow construction of a garage six(6)feet ON THIS APPEAL AT 7:30 P.M. into the side line requirement of ten(10) r APPEAL NO.1994-16 7:45 P.M. feet.The lot is located at-Assessoes Map David A.Sauro,Trustee of David Family R268,Parcel 293,commonly referred to Trust has petitioned and/or appealed to as 97 Oakview Terrace.Hyannis in a RBI the Barnstable Zoning Board of Appeals Residential B Zoning District, for a Variance and/or Special Permit to A PUBLIC HEARING W LLBEHELD Barnstable Zoning Ordinance,Section4. '. ON THIS APPEAL AT 8:15 P.M. 4.5 non-Conforming Lots to permit the These hearings will be held in the Second continued non-confirming status of Lots Floor Hearing Room,New Town Hall. I A and 2B correcting a side yard setback 367 Main Street, Hyannis, Massachu. violation.The lot is located on Assessors setts on Wednesday evening, February Map 193.Parcel 240.commonly referred , 23.1994. to as 244 Rolling Hitch Road. Center- RICHARD L BOY,CHAIRMAN viile,MA,in a RC,Residential C Zoning ZONING BOARD OF APPEALS District. A PUBLIC HEARING WILL BE HELD The Barnstable Patriot ON THIS APPEAL AT 7:45 P.M. February 10&February 17, 1994 APPEAL NO.1994-17 7:50 P.M. David A.Sauro,Trustee of David Build- ing Trust has petitioned and/or appealed to the Barnstable Zoning Board of Ap. Peals for a Variance and/or Special Per. mit to the Barnstable Zoning Ordinance, Section 4-4.5 non-conforming lots to permit the continued non-con forming sta. tus of Lots IA and 2B correcting a side yard setback violation.The lot is located on Asssessors Map 193.Parcel 239.com. monly referred to as 242 Rolling Hitch Road.Centerville.MA, in a RC. Resi. denial C Zoning District. A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 7:50 P.M. PCANALYSIS --T_0 w N U d A R N 5 _FIPROPERTY—VALUES _F07Z_._199b` THEREOF OR ASSESSED BY-YOUR TACS ASSESSOR-COLLECTOR FOR THE YEAR 1994 R193 242, LEGAL CONTINUATION 27 HAVILAND WAY - #RR 2007 SALE 0568 1400/072 CENTERVILLE MA 02632 - ----------t-------------------------------------------------------------------------------- --------- �;; R193 243. __.. .. ___.. .. PCA: 1301 DIST: 300 10 CO LAND �11 KEY OU322047 _-- --CTL:- -_._._. _ LOC : 4 REA: JV: MAP ASSESSED 1z UT1 ....._ UT2= 45 AREA: 42AC ROLL SEQ: RESIDENTIL 13 MCGRAW� DAVID W TRS MS2:MGFM: 118740 #LAND 1 26.100 SALE-PRICE 1J D 3 M TRUST #DL LOT 5 #PL 45 HAVILAND WAY CENT ADJ-SALE= 21 OXNER 2007_ SALE 1288 6555/275 V_ --____.- **RATIO : % CENTERVILL 11 ---••------ -- �- ---R 193 244a -- ----------------- ------- ----------------- --�---- PCA: 1301 DIST: 300 10 CO -----LAND---------- 1E 3 KEY - 00322056----- CTL.------ LOC: 0037 -- -_ _. . . REA: JV: __ ..- --- - MAP: _ ASSESSED , Ira UT11 UTZ:'-___._ _ :48 AREA: 42AC ROLL SEQ: 77 RESIDENT'L MS2MGFM: 118740 #LANDPALMISANOr ROGER CRYSTAL 1 26i600 SALE-PRICE r� SHAPE/ECOS NMR #DL LOT 6 #PL 37 HAVILAND WAY CENT ADJ-SALE= iz3 CMR 450 BOX SSb #RR" 2007 SALE 0792 8132/132 V TE **RATIO %= tr, APO . AE.._._. . 42 ..., 13 44 45 46 _ _ _ - ---- __.._, .__ . ..._ _._._..------ - ------ .. +1 the names and address on the .attached sheets as_:required under, Sec.: II;: Chap 40A.-of the.., 48 /9 Massachusetts General Laws are as they appear on the most recent tax list to within the 300ft or the abut 50 within the 300ft. 51 52 ' 53 u-0d ear <32 54 ss _. . .uw..._:_---- ___.__...Feb 8; 1994 - - _..._ .. _..____.__._.. - o s. E. a we 56 _ Assistant Asses 51 58 59 60 61 63 . ..- PCANALYSIS _ . A. ET—FOR-1-Y Y 4 SELECTOR u l— THEREOF OR ASSESSED BY-- YOUR TAGS ASSESSOR—COLLECTOR FOR THE YEAR 1994 s R 1 93 226.:. LEGAL CONTINUATION R193 227. PCA 1011 DIST: 300 10 Co, c LAND KEY: 00120719 CTL 2012 LOC : 0053 HIGH NOON DRIV REA: JV : MAP: 8LD—VAL 1 D ,! UT1 : — UT2: --,_...__._...36 -AREA: 42AC ROLL SEQ: 15612 ASSESSED 1 ;1_ WILLIAMSi FRE'D'ERICK D'----'- *'-----' #LAND 1 24.500 #BLDG(S)—CARD-1 1.. ..... 106.900 RESIDENT'L 1 LINDA A WILLIAMS #PL 53 HIGH NOON DRIVE #DL LOT 13 53 HIGH NOON DR #RR 0704 0145 0813 0099 #SR JUD.ITH EVE LANE =:a CENTERVILLE MA 02632— - SAL£ 0000 3353/210 _ . — iI,; R193 22t3. PCA: 101 DIST: 300 10 CO LAND 118 KEY: OJ120728 CTL LOC : D015 JUDITH EVE LAN REA: JV : MAP: 3LD—VAL 1 19 UT1 : ... 1 _....1-- UT2 __ .34 AREA: 42AC ROLL SEQ: 11790 ASSESSED 1 2.; BROWN. DAVID- 8... ._.. #LAND 1 24.100 #BLDG(S)—CARD-1 1 126.000 RESIDENT'L 1 2, 15 JUDITH EVE LANE'" #DL LOT 14 #PL 15 JUDiTH EVE LANE CENT SALE—PRICE r 22, CENTERVILLE MA 02632 NRR 0813 0100 SALE 0689 6791 /266 I D Y4 R193 233 - .___ -..PCAs .1321— DIST: 300 10 C0 _.. - LAND- KEY: _.. ._ '' 25 OU120773 CTL: LOC : 0000 ROLLING HITCH REA: JV: MAP: ASSESSED UT1 : UT2 .35 AREA: 37AC ROLL SEQ: 15227 RESIDENT'L 27 SWARTZi CAROLE '8 TRS'- — -- #LAND 1 19.200 #DL LOT 61C j2e SWARTZ FAMILY TRUST------------ —.._.#PL OFF ROLLING HITCH RD #RR 1379 12a 223 ROI:'LING.. HITCH RD:-: SALE 0484 4062/345 V M �i310ENTERVILLE -- 02632 --------- 32 R193. 240 :,A- -------------------------------------------------------- -- PCAz - 1011 DIST: 300 10 CO LAND 133 KEY: 00322010 : . C'TL: 2013 LOC : 0244 REA: JV: MAP: 3LD—VAL 34 UT1 : UT2 .42 AREA: 37AC ROLL SEQ: 14884 ASSESSED 35 - SAURO., DAVIO A TRS - - — - MIS2:MGFM: 118740 #LAND 1 31 .900 RESIDENT'L 35 ' %DAVID FAMILY TRUST—`....-_.__.._......_._.-_...... #BLDG (S)—CARD-1 1 167.Z00 #DL LOT 2 SALE—PRICE I32 171 CAPT CROSBY RD: #PL 244 ROLLING HITCH RD #RR 1379 ADJ—SALE= Ise CENTERVILL MA 02632 SALE 0385 4441 /313 V **RATIO %= f ___.._.---- __._--.. . _ 1 301.__. 4o R193 241 PCA: DIST: 300 10 . CO LAND - 41 KEY: 00322029 CTL. LOC : 0246 REA: JV : MAP: ASSESSED 42 UT1 : UT2. .36 AREA: 37AC ROLL SEQ: 18007 RESIDENT' L ®'43 ' LOISELLE.--JAMES- E_. $ MIS2:MGFM: 118740 #LAND 1 ._ 3J.600: SALE _-PRICE 44 GRILLO. MIRIAM-...G_--... #DL LOT 3 #PL 246 ROLLING- HITCH RD 45 246 ROLLING HITCH ROAD: #RR 1379 SALE 1193 8876/134 I JT D 45 CENTERVILL MA 02632 -- ------------------------------------------------------------------------ R193 242:_ ____-_ __ PC DIST: 300 10 CO LAND-- Is JV: MAP: 49 KEY: 0J322038 CTL. LOC : 0041 REA: ASSESSED UT1 : UT2 .8i AREA: 42AC ROLL SEQ: 15622 ... RESIDENT'L51 ' WILLIAMS. R-- ARTHUR & — MIS2:MGFM: 118740 #LAND 1 - 32.700 52 WILLIAMSi - BETTY L-- ---` � #DL LOT 4 #PL 41 HAVILAND" WAY CENT - I53 )'ss * t * ,r * * *- * f - * *- #... ,t * * f ,► * * * * * * * * ,t * : * * V A L U E S ASSESSED $.383.000 TRUE._..vL_ 8.383.000 LAND 2.623.200 BLD 5.692.30 5° BASE-01 .00 BASE-02 8383000.00 BASE-03 .00 BASE-04- Iss . . BASE .00 . BASE.-07 . . 00 BASE-08 .00. ., .. BASE-09 .0 60 `1 PCA►vALYSIS _. ... ... "PERTY—nCU'ES_.F_UR_'.1.99V cC � 3 _ a THEREOF R193 ASSESSt-D BY- YOUR TACS ASSESSOR-COLLECTOR FOR THE YEAR 1994 ' s R193 218. LEGAL CONTINUATION 1 : 75 RIVERVIEW LANE---- ---- -" #PL 83 HIGH NOON DRIVE CENT #RR 0704 0096 CENTERV ILLE MA- 02632 .._..-._.. __._. SALE 4433 4433/082 V N $ ------------------------------------------------------------------------ ,a R193 219. ✓ PCA: 1301 DIST: 300 10 CO LAND 11 KEY: 00120639 _.._ CTL: LOC: 0078 HIGH NOON DRIV REA: JV : MAP: ASSESSED UT 1 : --` UT2 - .8T "AREA: 42AC ROLL SEQ: 26890 RESIDENT'L i3 GOLDMAN. JOANNE S : #LAND 1 330800 #DL LOT 3 SALE-PRICE 75 RIVERVIEW LANE #PL 78 HIGH NOON DRIVE CENT #RR 0704 0020 0 ;s CENTERV IL — MA 02632 -__ __SALE 0285 4433/087 V N ------ -------- ----- -- - --- - ------------------------- ,, Ri93 220. Pca; 1301.: DIST: 300 10 Co LAND is KEY. 0012064a CTL LOC 0076 HIGH NOON DRIV REA: JV : MAP: ASSESSED 13 UT1 :_...__ UT2. 88 AREA:- 4.2AC.,,, ROLL SEQ: 26885 RESIDENT'L GOLD MAN� OAV_ID___ _. _ - -#LAND __ 1 33.900 #DL LOT 4 JOANNE S GOLDMAN #PL 76 HIGH NOON DRIVE CENT #RR 0704 0029 I22 75 RIVERVIEW LANE I _ . _.SACf_. 0000 3 3 5 3/2 0 7 3 - MA fl2b32 L E --------------------------------------------------=------------ ----- --- ------- ---=-- .d 25 ✓�� PCA: 1301 DIST: 300 10 CO LAND zs KEY: 00120657 CTL LOC : 0076 HIGH NOON DRIV REA: JV : MAP: ASSESSED 12? UT1 : ... .._ __---- UT2. -- .59 AREA 42AC ROLL S.EQ: 26891 RESIDENT'L- 123 GOLDMANi"JOANNE` S_____'__'____'__ .---"- #LAND _ - 1 28.700 #DL LOT 5 SALE-PRICE. 23 75 RIVERVIEW LANE #PL 74 HIGH NOON DRIVE CENT #RR 0704 0155 I30 CENTERVILL _ --MA 02632_____-SALE 0285-4433/087-V----N 0;913; ---- --------------------------------------------- 132 R193 222. J' ____.� PCA: 1301 DIST: 300 10 CO LAND . 33 KEY: 00120666 ;` CTL• LOC 0060 HIGH NOON DRIV REA: JV : MAP: ASSESSED ,, UT1 U T 2 .54 AREA" 42AC ROLL SEQ: 26886 RESIDENT'L 33 " GOLDMAN o DAVID"--""- - -- -"' -#LAND' - 1 27i800 #SN HIGH NOON DRIVE CENT - SALE-PRICE 36 75 RIVERVIEW- LANE--- -- - - #HN" 222 #DL LOT 6 37 CENTERVILLE MA 02632 #RR 0704 0100 —SALE—0285-4433/086—V N 40 3 R193 223. - - PCA: 1301 DIST: 300 10 CO LAND so ` KEY: 0012067.5 CTL - LOC : 0050 - HIGH NOON DRIV REA: JV : MAP: - ASSESSED UT1 : UT2 .48_.AREA: 42AC ROLL SEQ: 26892 RESIDENT'L .� a2 GOLDMAN. "JOA'INE S #LAND 1 26.600 #DL LOT T....... SALE-PRICE t�a3 ,. 75 RIVERVIEW LANE----- -_ --__-..-` _ _ #PL 50- HIGH NOON DR CENT #RR 0704 0100 I44 CENTERVILL MA 02632 SALE 0285 4433/087 V N a; ---------- ------------------------------------------------------------------------------------ 1 4S R 1 93 22 6. PCA: 1011 DIST: 300 10 CO LAND �-' r KEY: 00120700_" _- CTL• � LOC: 0069 , HIGH NOON DRIV REA: JV :379147 MAP: - 9LD-•VAL Llaa UT1 • UT2 42 AREA-:- 42AC ROLL SEQ: 25404 ASSESSED 49 CASTIELLOi THOMAS B .FRANCES #LAND 1 25i600 #BLDG( S)-CARD-1 1 128i100 RESIDENT'L � 525 OVERLAND DRIVE #DL LOT 12 #PL 69 HIGH NOON DRIVE CENT SALE-PRICE ;, ORANGE CT 06477 _ - #RR 0704 0166 SALE 1086 5347/266 I ADJ-SALE= 52 **RATIO %= 53 54 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V A L UES * * * 1.5 . ASSESSED 7.819.900 TRUE VL 7,819,900 LAND 2.460.200 BLD 5.292.20 Icy SASE—Gi .00 BASE-02 7819900.00 BASE-03 .DO BASE-04 .0 , i5s 3ASE-06 .00 BASE-07 .00 BASE-08 .00 BASE-09 .0 IE3 ul . ..... ...._ _._.. _. .. PCANALYSIS T�OFFRTY-VA CTTES-F-�R-'C 9 =—�t- �, z 4 THEREOF OR SESSED BY YOUR TACS ASSESSOR-COLLECTOR FOR THE YEAR 1994 . : 6 R193 121 . : . . LEGAL CONTINUATION i7 21 OXNER RD - #HN 210 #SN OXNER RD CENTERVILLE SALE-PRICE s CENTERVILLE MA D2632 #DL LOT 35 - #RR 1197 0245 S 6/80 21 $00088500 I -SALE-0893-8T12/072 I TE F ---- ------------------------ y „ R193 1t2. -- PC A: 1011 DIST: 300 10 CO KEY: 00119721 _ CTL - LOC 00.36 -- OXNER ROAD REA: JV: - MAP _._ LAND UT1 : UT2• .36 AREA: 37BC ROLL SEQ: ' 12133 14 COSBYi JOHN F ASSESSED #LAND 7 30,600 #BLDG{ S)-CARD 1 1 99,100 RESIDENT'L MtLDRED CO�BY - _� -_ - #PL- 33- OXNER RD CENTERVILLE #DL LOT 36 - 16 33 OXNER RD #S1- O5/79 ' 21 $0006500C I #RR 1197 0113 - - �; CENTERVILLE/ MA 02632 SALE 0000 290$/ 195 is ------ - - -- - ------ ----------------- oiie : R193 123. _ - PCA 1011 DIST: 300 10 C0 ---------- ----- KEY: D011970 _- CTL 9101 -LOC : 0041 - .. OXNER ROAD REA: JV : MAP: LAND UT1 : UT2 .48 ' AREA: 37BC ROLL SEQ: 14018 BLD-VAL ASSESSED 122 MCNAMARA. GEORGE E #LAND... .. ... ...... 1 33,300 #BLDG( S)-CARD-1 1 91 .800 RESIDENT'L 23 �INCNAMARA, VIRGINIA= M_ -_ _ - #PL 41 OXNER RD CENTERVILLE #DL LOT 37 SALE-PRICE z4 41 OXNcR RD #RR 1197 OD70 SALE 1183 3930/149 - I .. _ C£NTERVILLEj MA 02632 - 26 **RATIOEX v . R193 124. f__._..-_.._�. -_. .PCA: 1011 - - DIST: 300 10 C0 za KEY 00119749 _._._.CTL — .—LOC ." 0049 —_.— OXNER AP: 3LD-VAL ROAD REA: JV : M _...--.__-- 19 UT) . UT2 .44 AREA: 378C ROLL SEQ: 13941 LAND 30 MCCABE, THOMAS J #LAND ASSESSED 1 32,500 #BLDG( S)-CARD-1 1 90,300 RESIDENT•L 31 STELLA MCCABE, -� Y _ - - - #PL OXNER RD CENTERVILLE #DL LOT 3$ 32 49- OXNER- RD #S1_08/81. 21 $00078600 I #RR 1197 0070 33 CENTERVILLE MA 026321. SALE 0000 3336/183 ° 34 ---------- — ------------- � 35 R193 207. ---- PCA 1011 - DIST: 300 10 CO - K KEY: 00120522� CTL•-- LOC :-D01Q_._._. PEN -LANE REA: JV: MAP: 3LDLAN-VAL- 3: UT1 : UT2. .42 AREA: 378C ROLL- SEQ: 12061 ASSESSED CODY, THORNTON S & HARRIET #LAND 1 31 ,900 #BLDG(S)-CARD-1 1 92,500 RESIDENT'L 10 PEN LANE - - -- #PL 10 PEN LANE CENT #DL LOT 22A LC38507-8 SALE-PRICE a3 CENTERVILLE MA 02632 `- *UN-REG 4150/038 #RR 1231 0108 4 41 SALE 0684 C97067 I _ _ - - ------ ---------- J SALE -------------------------------------=-**RATIO.-X----- �i43 - R1 93 21 7.7E -_ PC A.- 1301 DIST: 300 10 C D 44 KEY: . 00120611 ---- CTL• -- LOC • 0081. HIGH NOON DRIV REA: JV : MAP. ASSESSED- 4 ASSESS 4s UT __ _ UT2 057 ; AREA: 42AC ROLL SEQ: - RESIDE GOLDMANr DAVIO #LAND 1 28,300 #DL LOT 10 I16° SALE-PRICE 47 75 RIVERVIEkf LANE _- - -- #PL- 81 HIGH NOON DRIVE CENT #RR 0704 0021 - 4E _ CENTERVILLE MA-02632 - -- SALE 028.5 4433/086 V N 43 ..-�--- - M ---- ---------------------------------------------------------------1301... . .. .. DIST: 300 10 CO �Isc _ R193 21 8. `� _ g, KEY DU12i0620---CTL - LOC . 0083---- HIGH NOON DRIV REA: JV : MAP: LAND isz UTi - - ED UT2 - -:40 AREA:--42AC ROLL SEQ: 26889 R NT•L `3 GOLDMAN , JOANNE S #LAND 1 25,200 #DL LOT 11 SALE-PRICE �Is4 SALE- IC 1 55 P E 157 ASSESSED s --- ._.-T--.R._.U_..E VL.. 7,515,400 LAND 2,283,800 64,10BASE-01 DO BASE 02.. 75-15400.00 BASE-03 .00 _BL 5,1.. 59 BASE 07 -00 BASE-08 BASE-04 p .00 BASE-09--._. _ _.... .0 PCANALYSIS � THEREOF OR ASSESSED BY_' YOUR TACS ASSESSOR-COLLECTOR FOR THE YEAR 1994 s R 1 93 06 9. PC A: 1011 DIST: 300 10 C0 LAND s� 7 KEY: OU1192_ 59_- CTL 201-2 -"LOC 0014 MASTHEAD LANE REA: JV :286924 MAP: BLD-VAL UT1 : UT2 .34 AREA- 37AC ROLL SEQ: 15024 SPEC-FEAT SILVIA. REGINALD_..E: & :CARLIE #LAND 1 30.100 #BLDG( S)-CARD-1 1 77.400 ASSESSED 1 lio 14 MASTHEAD LANE #OTHER FEATURE 1 1.000 #PL 14 MASTHEAD LANE CENT RESIDENT'L 1 31 1m . CENTERV ILLE MA 02632---- #DL LOT 42 #S1 05/79 24 $00051500 I SALE—PRICE 1 12 --� -- --- "- -#RR - 0997 0102 SALE 0887 5907/045 I TE ADJ—SALE= 1 13 _ **RATIO %= 14 --- --- ——— —————— — --------, R193 0700� - -_ PCA 1011 — DIST: 3D0 10 CO... ._. . - --- - -- --- LAND ... lo ' KEY".- 001 1926-$ - CT� 91-02`LOC 0236---_-ROLLING HITCH REA s JV : MAP -- BLD—VAL - 17 UT1 U:T2: .34 AREA::' 37AC. ROLL SEQ: 15199 ASSESSED is SULLIVAN.- JANET M #LAND 1 30.-100 #BLDG( S)-CARD-1 1 112o600 RESIDENT'L *1i9 : 236 ROLLING HITCH' RD . -- - #HN 236- #SN ROLLING HITCH RD CEN SALE-PRICE . 123 CENTERVILLE MA 02632 _ #DL LOT 43 #RR 1379 0131 0997 0J52 ADJ—SALE= 121 ` #SR MASTHEAD LANE *M-792 _. **RATIO %= .. . 21223 --- — — - S.ALE_1086_5378/085—I---------------------------------- -`- =— z; R193 071 �._. PC A: 1011 DIST: 300 10 CO - __. .. .. _ .. .. LAND Zs KEY; 00119277 CTL 2001„ 'LOCii '0235 ': ROLLING HITCH REA: JV: MAP: ` BLD-VAL is UT1 : UT2: .71 AREA: 37AC ROLL SEQ: 14337 ASSESSED 0 v NUGNESi JOHN A - - __ _ #LAND 1 38,300 #BLDG( S)-CARD-1 1 122o900_-. RE$IDENT'L.- __ Its CATHERINE P -NUGNES__ OF 235-" #SN ROLLING HITCH RD C=N �rx I39 235 ROLLING ;_HITCH RD #DL`' LOT 44&61B #RR 1379 U174 3o CENTERVILLE MA 02632 SALE 0000 3122/54 t� 31 •._ ----------- — 3: R193" -072 - - __ —_ PCAr 1011 _ -_ DIST: 300 10 CO LAND 33 . KEY: OGH9 d6 CTL. 9102 LOC: 0223 ROLLING HITCH REA: JV : MAP' BLD-VAL 34 UT1 : UT2 34 AREA! 37AC ROLL SEQ: 15226 ASSESSED 0 35 SWARTZ• CAROLE B __-__ _ #LAND - 1 18.700 #BLDG( S)-CARD-1 1 125,000 RESIDENT'L 135 ' 223 ROLLING HITCH- RD - - - "#PL 223 ROLLING HITCH RD #DL LOT 45 SALE-PRICE 37_ CENTERVILLE MA _02632 #RR 1379 0113 SALE 0284 4022/162 I ADJ-SALE=3 RATIO %= 1 -------:- - ----------------------------------------------------------- 4� .. . R193 073.__ 7 ----- ---------PCA.: ...1011 DIST: 300 10 CO .. .. LAND. 41 KEY: 00119295 CTL 1002 LOC- 0209 ROLLING HITCH REA: JV: MAP. BLD—VAL 42 UT1 : UT2 .34 AREAs 37AC ROLL SEQ: 15420 SPEC—FEAT 43VANDERVOORT-#-`-THOMAS D- - #LAND --.. _.-- 1 1 37,400 #BLDG( S)-CARD-1 1 - 105i000 ASSESSED 44 VANDERVOORT;MARCZ-A B — - _--#OTHER FEATURE 1 8.E00 #PL 209 ROLLING-HITCH RD _ ----- RESIDENT'L 45 . 209 ROLLING HITCH RD "` #DL LOT 46961D #RR 1379 0120 SALE-PRICE : —. 4E CENTERVILL MA 02632 SALE 0885 4650/307 1 ADJ-SALE= 1) 47 ,. __._ -------------------------------------------*RATIO------- 43 r -- ------- -------- 49 R19-3 121 . _ PC A: 1011 DIST: 300 10 CO AND.:.:._ .. . KEY: 00119712 CTL LOC . 0021 OXNER ROAD REA: JV : MAP: c3L0- VAL Aso _ 13984 ASSESSED si UT1 - -.. _.. . _.._ UT2.---_...___. 35 AREA: 37BC ROLL SEQ. � _ sz MCGRAW, DAVID W & - MEtZSSA-" A __" #LAND 1 30,600 #BLOG( S)-CARD-1 1 133.900 - RESIDENT L 153 154 V A L U E S 15E ASSESSED- 0.959.900 TRUE VL 6.959.900 LAND 2,102,000 BLJ 41P790.40 �57 -3ASE-01 A0 BASE-02 69599U0.00 BASE-03 .00 BASE-04 . .0 159 BASE-06.. .... .00 .. 8ASE-07 .00 BASE-08 .00 BASE-09 .0 y I60 I61 1 E"_ :..:, - <. n- f '... „`*.'.a`r,-.c.`:, c' r •s"N• S+M+ _ i:,.-. ',i+...�.- .,> „^•:to- 0 1 MUM t --- ------------------------------------------------------------------------------ ua ,zo R193 066... JJ:. :. PCA- 1011 : ... ._..:.:_ DIST: 300 10 CO LAND -- 3 z7 KEY: OU119222 _— CTL:2018--LOC:-- 001'1-- MASTHEAD LANE REA: - JV: MAP:' _.._ . 9L-D-UAL... . ..._ 7 UT1z __..- -._-- - -UT2: -_ .34 AREA:- 37AC ROLL SEQ: 12438 - SPEC-FEAT 123 DIETER. RUSSELL #LAND 1 30.100 #BLDG( S)-CARD-1 1 72.600 ASSESSED 10 I.� 11 MASTHEAD LN #OTHER FEATURE 1 700 #PL 11 MASTHEAD LANE CENT RESIDENT L 10 a, CENTERVILLE - '..... _. MA- 02632- - - #DL LOT 39 #S1 11 /79 21 $00051000 I._. SALE-PRICE 8 _. _ __. -- -- --__-----_.#RR 0997 0277- 1379 0040 #SR ROLLING HITCH ROAD 133 . - :SALE 0193 8411 /1 76 I L _ _ __ __ 134 ---------------------------------------------------- ----------- ----------------------------------- i 3, n R 193 06 7- __ - _ , .�.-...._._ - PC A.:._..101 1..._.._.__.. _. ._. DIST: 300 10 CO _- . _. LAND .. 3 is- 2 KEY:-" 00119231 ' CT-L:'-2010--LOC: 0036 MASTHEAD LANE REA: JV : - MAP:- BLD-VAL 7 137 ` UT1 : UT2: .35 AREA: 37AC ROLL SEQ: 11763 ASSESSED 10 135 Q BRENTLINGER. JOHN Wi TRS #LAND 1 30.6OO #BLDG( S)-CARD-1 1 77,100 RESIDENT'L 10 36 MASTHEAD LANE -`--- - #PL 36 MASTHEAD LANE CENT #DL LOT 40 SALE-PRICE 11 CENTERVILLE- MA- 02632'- - - .#RR 0997 0118 SALE 0193 8391 /118 I -. - - ADJ-SALE 11 u *RATIO Z= ---- '43 R193 - 068 __.-,f�..__,__— ___ __ _ PC A: 1011 DIST: 300 10 CO las _ KEY: 00119240 —_ CTC: 1002---LOC :_ 0026_- ... MASTHEAD LANE REA: JV : - . . MAP: ._ _ -.-_ - BLDDVAL _. 10 UT1 : . UT2:'; .37 AREA: 37AC ROLL SEQ: 12631 SPEC-FEAT ;5 ERICKSON, ROBERT F #LAND 1 31 ,000 #BLDG(S)-CARD-1 1 101.400 ASSESSED 13 47 VIRGINIA M ERiCKSON—�� - - #OTHER FEATURE 1 800 #PL 26 MASTHEAD LANE CENT RESIDfNTOL 13 ;a _.. 26 MASTHEAD LN -- -" -" - #DL LOT 41 #RR 0997 0111 !as CENTERVILLE MA 02632 #CL22 SALE 0000 2793/187 i51 :52 ;54 ASSESSED 6,088,100 TRUE VL 6,088,100 LAND 1 .916,800 BLD 4.113,600 BASE-01 .00 BASE-BASE 6088100.00 BASE-03 .OU BASE-04 .00 BASE-06 AO- BASE-07 .00 BASE-08 .00 BASE-09 .00