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HomeMy WebLinkAbout0090 CROSS STREET �6 Cross S4, (� 0-3o/9 Add, � 3 0 30 3 qo Cam , r� c-,-�A- 03%17/2003 MON 12:56 FAX 508 862+4711 TOB - DPW - Engineering Z 001/005 t y Town of Barnstable _ 4 Engineering Department 367 Main Street, Hyannis, MA 02601 ifs ale in F 'i -%T Dam: -- '7-dam C� � Number of pages including cover sheet: TO: FROM: l:ngineeriag Deparhaeat r Phone: 508-862-4088 Phone: Fax phone: 508-86247I 1 Fax phone: �.5Ot1 7 CC. REMAIM: d Urgent ® For your review © Reply ASAP (3 Please comment CTcC ` F —IL— fJvGUH► "? .r, 0 0 cv o .. a 1!9p LS1p m[FOVKD I. ZdO -rA Ebtl4cK. LC.SZr6 CrF.•2Y97p- �... -I i AC4nD1 p s r0oZ4.� {� �..� j r 44F O W,Fr - 1.3 QD-j0S7 M-r p 394/ 7 dg .�Rl�q C� - `sYxn� r .R/_hl.4D. --Slst - Ste• - cz" Q 219.D4 CQ - 98fi':D2•WE I� y6 W `9D L-- - !A 10 7 �,A(IjW F7 t - G�a S!C!'xi B t fey"' noA Aie p � -'A$ 1 al % 'i¢.Ol{ V - _ • Yw,,.. i - Nip IS ID Y .-. ��SS-^ r t yrL COTUIT- - M • -'Se IF7vMcl `� M aa:l'n`I ,` `__^^''��1__ aSn.eD - -c� - _ TO IK tul'r�: CROSS - $TF;EET IB43D 33'y�Dr.- .J 03/17/2003 MON 12:58 FAX 508 862+4711 TOB - DPW - Engineering Z003/005 g Town of Barnstable Assessing Division 367 Main Street, Hyannis MA 02601 Ofcc: 508-86U022 Paul A.Matheson,III FAX, 508-862.4722 Director of Assessing March 4,2003 Kevin M.Kirrane,Esquire Atuming&Kirrane,L.L.P. Counselors At Law Post Office Box 560 Mashpee,MA 02649 Be: Steven E.Hirsch—149 Ocean View Avenue, Catuit Dear Attorney Kirrane: I am in receipt of your letter of February 24,2003 concerning the three.lots oWned by Steven E.Hirsch. We have discussed this matter with the Engineering Department. As a result of these discussions we will be assessing these lots individually starting in FY2004. The issue of whether or not these lots are valid building lots does not rest with our office. The decision to assess them individually should not be interpreted as conferring that determination. That authority rests with the Building Inspector. Please feel free to contact me if you have any questions. Respectfully, aul A Matheson,III birector of Assessing PAM11dp\ki=nelHirsehlietter 03/17/2003 RON 12:59 FAX 508 862+4711 TOB - DPW Engineering Z 004/005 DUNNING & KIRRANE, L.L.P. 1' COUNSELORS AT LAW MICHAEL A.DUNNING' SHELLRACK PLACE YAWL AMMS UVIN M.KIRRANE 133 ROUTE 28 d►uil irCcape.com ELIZASM A.McNICHOIS BOX 560 BRIAN F.GARNER MASHP£E,MA 02649 WEB sirs SCAN P.EARLY 503-477-6500 dunning iuic.com RICHARD J.REILLY,JR. FAX 508-477-5897 'Also admitted Illinois Bar Ujrran rr,canc.com February 24,2003 Town of Barnstable Building Department " Peter DeMatteo,Building Commissioner 367 Main Street Hyannis,MA 02601 w vr• J 7 RE: STEVEN E. HIRSCH- 149 OCEAN XrMW AVENUE COTUIT �� N xy t1'I ,n�•r Dear Mr. DeMatteo: d. 4. Please be advised that this office represents Mr. Steven E.Hirsch,an owner of property situated'at 149.Oceah View Avenue,'Cotuit,'MA 02635.'• - Recently Mr.Hirsch-became aware that the Barnstable Assessor had merged two lots;which he owns and which are shown as Lots 1 and 3 on a Plan dated June 15, 1972,aad recorded at the Barnstable County Registry of Deeds in Plan Book 263,Page 41 (copy attached). Lot 1 contains two(2)residential units and Lot 3 is a vacant parcel of land with access to Cross Street. Mr.Hirsch has requested that these lots be separated for assessment and tax purposes but to date said Department has chosen not to so act. We have reviewed the Registry records as it relates to'these parcels.and are of the opinion that both parcels are valid building lots. The following represents our rationale for this conclusion. As previously stated these lots were created by Plan dated June 15, 1972. The lots in question were two(2)of several shown on the above referenced plan, owned by Herbert and Pamela Pheeney prior to the zoning change in 1973, which increased the,acreage and lot frontage requirements in the Residential D and D-2 Zoning Districts by establishing them as Residential F and which set one(1)acre and 15W Frontage as minimum requirements for building lots. Apparently the issue of building on Lot 3 came up in 1974, and in May 1974,the Pheeneys :applied for Variance Relief:&oltn those minimum requirements since it had only.95 acres of lot area and 45.1 l' of frontage on Cross Street. 1 i 03/17/2003 MONr 13:00 FAX 508 862+4711 TOB - DPW - Engineering �005/005 On July 17, 1974,the Board of Appeals granted Variance Relief(Appeal No. 1974-26)to establish Lot 3 as a separate and distinct building lot. (See Decision appended hereto) The old Zoning Act(prior to the adoption of Chapter 808 of the Acts of 1975)placed no limitation on the life of Variance Relief and as such would not fall within the current statutory requirement that such relief should lapse if not exercised within one(1)year. Under these circumstances it is our position that the Variance Relief granted by the Town's Board of Appeals would continue to run with this lot and protect its status as buildable. It is my clients' intent to market this property as a buildable lot,however,in an effort to avoid future conflict or questions regarding their representing this lot as buildable,it would be appreciated if you would review this information and advise whether you are in agreement with our conclusion. Thank you in anticipation of your attention to this matter. Very truly yours., Kevin M.Kirrane KMK/m k P cc: Mr, &Mrs. Steven Hirs ch Bamstable Board of Assessors Barnstable Tax Collector Barnstable Town Counsel w.Wk3�winwordV:m}:Ulr-bumbldginspCc.doc 2