HomeMy WebLinkAbout0130 GUIMQUISSETT ROAD G it,t.. ;s-ve--IT -Y-?d
�.K, Town of Barnstable
- Growth Management Department ;r`°` CIE ARNSTABLE
a MSTABM
A` �.•� 367 Main Street,Hyannis,MA 02601 -Ruth J.Weil,Director
'Go�nng) oardl of Appeals
200 Main Street,Hyannis,MA 02601
Gail C.Nightingale,Chairman
u 'Phone1508}PB 2 47835"Fa—x7M8)8624725
August 30,2006
Theodore A. Schilling, Esq.
Law Offices of Theodore A. Schilling
1550 Falmouth Road- Center Place, Suite 10
Centerville,MA 02632
RE: 130 Guimquissett Road, Cotuit,MA-Zoning Board of Appeals-Variance 1982-39
Dear Mr. Schilling: 'r
In response to your August 22, 2006,letter concerning the above referenced Zoning Board of Appeals
variance issued June 23, 1982,to a William V. Mattos and Robert H. Quinn for property addressed 130
Guimquissett Road and 74 Cherry Tree Road, Cotuit,MA,I offer the following.observations and
information.
The question you pose is that you"wish to confirm with [this] office and the Building Commissioner,that
in fact [130 Guimquissett Road, Cotuit, MA] remains a viable buildable lot which [your] clients will be
able to pull a building permit." With respect to that part of your question relating to "pull[ing] of a
building permit",that cannot be answered at this time given no completed building permit was submitted
to the Building Division. Concerning your question asking if the lot"remains a viable buildable lot"
suggests to me that you are seeking confirmation that the subject lot is buildable
As you are aware, this office, as well as the Building Commissioners Office, does not issue so-called
"letters of buildablity". As to the buildablity of any lot,that determination is made only by the Building
Commissioner and only upon the receipt of a completed building permit application for the proposed
development of a lot inclusive of, all necessary information, all other required permits, and orders as
applicable, as well as plans in full conformity to all applicable building,zoning, fire and health
regulations.
However,with respect to your letter I would offer the following observations:
• As noted, on June 23, 1982 Variance No. 1982-39 was issued by the Zoning Board of Appeals to
William V. Mattos and Robert H. Quinn.
• The variance issued was that of a bulk variance allowing two undersized lots as shown on a plan
entitled; "Plan of Land in Barnstable(Cotuit) for Charles N. Savery,Dated; December 29, 1975—
No. 7114713"to be individual buildable lots. The referenced plan is an Approval Not Required
Plan endorsed by the Barnstable Planning Board and recorded at the Barnstable Registry of
Deeds in Plan Book 310 page 100 on December 29, 1975.
• At the time of the grant of the variance,the two lots were already in individual ownership. The
130 Guimquissett Road lot was owned by Robert H. Quinn and Marjorie Quinn and the 74
Cherry Tree Road lot was owned by William V. Mattos and Cecilia P. Mattos.
• On August 19, 1982, the variance issued was recorded at the Barnstable Registry of Deeds in
Book 3539 page 304. The recording was completed within one-year of the granting of the
variance. At the time of this recording each lot was held in separate ownership.
• Also,on August 19, 1982,the lot addressed as 130 Guimquissett Road,was transferred from
Robert H. Quinn and Marjorie Quinn to Charles A. Bowler and Pamela M. Bowler as evidenced
by a deed recorded at the Barnstable Registry of Deed in Book 3539 page 309.
• On July 22, 1983, the lot addressed as 74 Cherry Tree Road, was transferred from William V.
Mattos and Cecilia P. Mattos to the individual ownership of William V. Mattos as evidenced by a
deed recorded at the Barnstable Registry of Deed in Book 3807 page 102. Also, as your letter
indicates a house was constructed on this lot in 1992.
• The 1982 variance was, and still is, subject to "The Zoning Act"of 1975. The present MGL
Chapter 40A. Section 10 of that Chapter requires a variance to be executed within one year.
That section is also explicit that the variance travel with the land or structure.
• In November of 2000,the Resource Protection Overlay District was imposed in this area. District
regulations now required all lots created thereafter have a minimum lot area of two acres.
However, Section 240-9 LG provides an exemption for separate individual buildable lots that
predate November 16, 2000.
Given the facts above, I would conclude that the variance was implemented as required. Thereafter,the
lots appear to be held in separate ownerships and I assume separate from any common ownership with
other neighboring lot(s). It does not appear that the subject lot was reconfigured or altered from that
parcel that was issued in the 1982 variance. The fact of separate ownership and verification of the
assumptions cited would be conclusive evidence that relief granted remains in effect.
As noted,this letter is not intended to address the issue of buildablity. That will only be addressed by the
Building Commissioner upon the submission of a completed building permit application. With regards to
that application, the Building Commissioner requires that all undersized lots have certification indicating
that the lot was legally created and documentation of ownership indicating that no adjoining lots were
held in common ownership. Also, as in your case,proof that the variance was implemented in a timely
manner and verification that those restrictions upon which the variance was granted have not been altered
thereafter.
Respectfully,
1 l
Arth r P. Tra zyk,Principal Planner
Growth Management Department, Regulatory Review Services
Copy: Gail C.Nightingale,Chairman Zoning Board of Appeals
t-Tom_Parry.,Building_Conumssionero
ZBA File Appeal 1982-39
File: Correspondence-2006-L-82906 Schilling on 130 Guimquissett Road
LAW OFFICES OF
THEODORE No SCHILLING, P.C.
1550 FALMOUTH ROAD,SUITE 10 CENTERVILLE,MA 02632 -
TELEPHONE: (508) 775-0700; FAX: (508) 775-0792
www.lawcapecod.com EMAIL: law@cape.com
t
August 22, 2006
Via Facsimile & Regular Mail
Arthur TLaczy�, Principal Planne.—
Barnstable Planning Board
200 Main Street
Hyannis, MA 02601
RE: Grant of Variance-Appeal No. 198:-39
Property Owner: Charles A. & Pamela M. Bowler
Property Address: (Vacant Lot) 130 Guimquissett Road, Cotuit, MA
Dear Art:
I represent Mr. and Mrs. Charles Bowler who are the owners of a vacant lot situated at
130 Guimquissett Road in Cotuit. Back in July of 1982, the Board of Appeals unanimously
voted to grant a variance as concerns Lots 106 and 177 on Map 19 to make them both buildable
lots in accordance with a plan submitted with the filing recorded in Plan Book 301, Page 100. I
have enclosed a copy of the recorded Decision and Plan herewith. Lot 177 had a house
constructed upon it in 1992, but Lot 106 remained vacant and in separate ownership.
At this time my clients wish to construct a house in the near future on Lot 106 and we
wish to confirm with your office and the Building Commissioner that in fact it remains a viable
buildable lot v�hicl.:rly clients- .gill be t�b1e to pull w]-,,;,A;, ,moo,,,,;*
building tlernnit.
I loo and to hearing from you on this matter at your earliest opportunity.
Very tr r
Te 1
AS/smr
Q:%CLIENTFOLDERSSBOWLERK4867TLettertc Pla Sng Baard.da -
i
e
1
I
IOpWN CLERK 503539WE 304
tkkNfiI#Lf.MAU- 21832
�• TOWN OF BARNSTABLE
H'L j11N 23 PH 3 i15 Zoning Board of Appeals
�11 1J aw V• Ne_ttoa 6„Robert H._Quinn Deed duly recorded in the _... .�
Property Owner
County liegistry of Deeds in Book....,...».
Same as above Page _ __, __—_-Registry
RECORO IN REGISTRY OF DMS District of the Land Court Certificate No. j
1#00 UMTV SM11 OF. _. ,.. __..Book_.,.. ._,..Page.�
Appeal No,...:., 82'. _ ..__ June 22 1982
t FACTB cad DZ0I810N
Petkioaer$�71411e..Yu. .iGK,f7B.., ..R4bR. :_4N n<1,:.filed petition on JJ4Y..,A ,._ .-..1982 ,
reyuestiag- for premises at _i..:mq.:ioaa:; .',ga^: » _ _ in the viiiake
(elfNl)
of rrr,.i* _�_ ___._._._...,adjoining promises of (see attached list) _,......__
Loom ender consideration: Barnstable Assessor's Map no. lot nos• 106 6 177
Petition for Special Permit: 0
Application for Variance: [ made under See. of the Town of Barnstable
Zoning'bq•Lws and Sec. _�I;R,.A,�...._...»..,�.„.,__�__,-_____.._Chnpter 40A.,Maas,f3em Laws �
for the propose of 4.aA1Z.fL14, A_j;p..be_utilized as
Loaae is presently zoned
Notice of this hearing was given by mail,postage prepaid, to all persons deemed affected and
by publishing inBarnstable Patriot newspaper published in.Town of Barnstable a copy of
which is attached to the record of these proceedings filed with Town Clerk.
A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town
Office Building, Hyannis, Mass., at .. 1,rt _ _ ?4sf. P.M.__ ZWIg...1(L_._. .,... _.1982 ,
upon said petition under zoning by-laws.
Present at the hearing were the following members:
:
Richard L. Boy Ei&RIL�sc4L4Sf1S711 �tR 11�A11k�ttgAk
Chairman
I.
is
i.
i
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l
BOOK3539PACE 305
At the conclusion of the hearing, the Board"took said petition under advisement.A view of the
'alocus was made by the Board.
Appeal No— Page__L__of..2 _
On .1unp 10 __ 19 U,_,The Board of Appeals found
Mr. Mattos presented the petition for a variance and explained that•there are .
two lots under 'consideration which require variance relief from aquaria foot area
requirements imposed in the residence F zone in which the land is located. Both
of these lots are on Guimquissett Rd., Cotuit. Lot C-1 as shown on the plan sub-
mitted with the filing, is owned by Robert Quinn and lot C-2 is owned by Mr.
Nattos. Lot C-1 contains 39,347 sq. £t. and lot C-2 contains 40,141 sq. ft. of
area. A residence F zone requires a minimum lot size of one acre (43,560 sq. ft.).The subdivision of this land was approved by the Planning Board in 3976.0-nd the
upgrading of zoning to one-acre occurred in 1973. . The petitioner believed that
both of these lots were buildable lots."Both lot owners now find that these are
not buildable lots without zoning relief and would suffer severe financial hard-
ship if the lots cannot be built on.
No one spoke in favor of or in objection to the petition and the Board took the
matter under advisement.
The Board voted unanimously to grant the petitioners a variance allowing two
undersized lots to be utilized as buildable lots at Cuimquisaett Rd., Cotuit
and found that each of these two lots is less than 10Z deficient of the one-acre
minimum lot size imposed in the RF zone in which this land is located. In addition,
the Board found that the shape of he lots complies with the requirements of Sec. 10
of Chapter 40A., M.G.L. and Sec. Q. 2(c) of the zoning by-laws necessary to the '
granting of a variance. The petitioners cannot acquire additional land which would
enable them to meet the one-acre zoning requirement and would suffer severe financial
hardship if the iota cannot be used for single-family residential use. Variance
relief is granted in accordance with the plan submitted"with the filing and cited
as follows:
"Plan of Land in Barnstable (Cotuit) for Charles N. Savery,
Date: December 29, 1975 - No. 71147E".
Clerk of the Town of Barnstable, Barnstable
County, Kassachusette, hereby certify that twenty (20)days have elapsed since the Board of Appeals
rendered its decision in the abovetegi�,led petition and that no appeal of said decision has been filed
in the office of the Town perk:'
.F, 4
Signed and Sealed.tbi6 �`y__day•6C__-___ �`.//_. 19 9 - under the pains and
penalties of perjury.
Distribution:—
Property Owner M + '• �.. �_
Town Clerk Board of Appeals
Applicant ":, •It Town of Barnstable
Persons interested
Building InspectorliM % /��
Public Informatiormationn By
Board of Appeals Ch n
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LOCUS MAP
xoD
xowlr.l4'DISTRICT RF
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LAN-46 D
®A 1 B E R a•
cB sn�V 46M, 1� Ts
�g426�. pe 14'48'10 '}
T our
1 0 I
5 OAKWOOD ST.
pj LOT
LAWRENCE V. MARY M.BJORK 39,347 S.F ,
¢ I 9 oOvl -
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t esn,
�~QQ l
_ � Nod. /�� 3
8 LOT t2d �a I
m
PAUL N.BJEAN M.ROMA � 40,141 $.F. m,,m
yh�j'L 40' -
178.08' .4ip
—N 71.29'30'W
CHERRY TREE 40' ROAD
NOTE:
T!c RHD+etlotts FlaDemld•d in ObG CwR 272poge5l alRairN 4 yla.
TOWN OF RARNSTABLE
PLANNING BOARD PLAN OFLAND
aNB4VRl BNoenTKELvedNRglmNm4LwaMdf iIIPCD. ' IN
GATE 7�
CDTUIT BARN S TABLE MASS.
: ��(C_ FOR
--�Z7cS CHARLES N. SAVERY
DRAWN BY SCALE. I IN.• 40 FT. y5..
R.S.J.
' CHECKED BY
R.P.B. DATE:DECEMBER 29,1995
CHARLES N. SAVERY INC.
REGISTERED
CIVIL ENGINEERS B LAND SURVEYORS
712 MAIN ST. HYANNIS,MASS. WO Vi IAVR
DOOK3539 BOE 309
21.835
WE, ROBERT H. QUINN and MARJORIE QUINN, husband and wife as
tenants by the entirety, both
of Hudson, New Hampshire, RRontX*t=dxz=
in consideration of EIGHT THOUSAND AND NO/100THB DOLLARS
(S8,00.00) paid,
i
t
1
Iran, to CHARLES A. BOWLER and PAHELA M. BOWLER, husband and wife
as tenants by the entirety, both
i
t
of RFD 9, Box 291, Pinecreat Drive, Bow, New Ham&shiixp Q333 iohtenattfs
the land bt situate in Barnstable (Cotuit), Barnstable County,
Massachusetts, bounded and described as follows:
NORTHERLY. by Bayberry Lane, as shown on hereinafter mentioned
plan, one hundred eighty-two and 99/100 (182.99)feet;
+ NORTHEASTERLY by an arc at the intersection of Guimquisaet Road and I
Bayberry Lane, the radius of which is twenty-five.and
00/100 (25.00) feet, as shown on said plan, a distance
of thirty-nine and 27/100 (39.27) feet;
EASTERLY and
SOUTHEASTERLY by Guimquisset Road, as shown on said plan, two
hundred thirty and 43/100 (230.43) feet;
SOUTHWESTERLY by Lot C2, as shown on said plan, one hundred ninety
and 20/100 (190.20) feet;
NORTHWESTERLY by land of Lawrence V. and Mary M. Bjork, as shown
on said plan, sixty and 00/100 (66.00) feet; and
WESTERLY by land of Lawrence V. and Mary M. Bjork, as shown on
said plan, one hundred one and 69/100 (101.69) feet.
The land being conveyed herein is shown as LOT Cl on a plan of land
entitled "Plan of Land in Cotuit, Barnstable, Mass. for Charles N.
Savery Drawn by R.S.J. Scalet 1 in. - 40 ft. Checked by R.P.B.
Datet December 29, 1975, Charles N. Savery Inc. Registered Civil
Engineers & Land Surveyors 712 Main St. Hyannis, Mass." Said plan is `
recorded in Barnstable County Registry of Deeds in Plan Book 301,
Page 100.
For title see deed of Newcomb-Rich, Inc. to us dated
1976 and recorded with said Registry in Book 2359, Page 298 on
June 25, 1976.
Executed as a sealed instrument this 16th dW�.Muli�nn _
hNYiE'1l•�� pugµgt 19 82
obert
��. '• -yyi(iA D,'.`1fa�lyFty$ .
j s i R
N
�:
Marjorie Quinn
STATE OF W HAMPSHIRE
St. August 16, 1982
„.pll"dp/I/„I
Then personally appeared the above named Robert H. Quinn ;� '''i,•I�"
Th
0] :6�
and acknowkd the foregoing
ljed imwroeot to be i free deed,Be
y•7ii6Ne
tY7lfkoEafaht;hnt
My commission expires 9
OEAtiOE R.sEMAttAM,tlrNary rlW,le p�b�?j
l�4V#f"*Oawtebar%low
h Uh, L9 AM 1.982
1
BOOK380( PnE OVITOLAIM DLRD WORT 1!011M (INDIVIDUAL)"I
2'783'7
wn im v. MATTOS AND CECILIA P. M MIOS, husband and wife, both
of Cotuit (Barnstable) Barnstable County,Massachusetts
! beingObmarrisd,for consideration paid,and in full consideration of Ten Th usand ($10,000.00) Dollars
(
grants to WILLIAM L. MUMS •
of 82 High Pload, Newbury, Massachusetts with quttrlatm rannants
thelandin Cotuit (Barnstable) County, Massachusetts, bounded and described as follows
[Description and ennlmbunmi,it any)
NORTHERLY by land of Lawrence V. and Mary M. Bjork, as shown on said
plan, ninety-two and 49/100 (92.49) feet; and
NORTHEASTERLY by Lot Cl, as shown on said plan, one hundred ninety and
20/100 (190.20) feet;
3OUTHEASTERLY by Guim uisset Road, as shown on said plan, one hundred twenty-
five and 79/100 (125.79) feet= and by an art at the intersec-
tion of Guimquisset Road and Cherry Tree Road, the radius of
which is'twenty-five and 00/100 (25.00) feet, as shown on said
. plan, a distance of thirty-nine and 27/100 (39.27) feet;
SOUTHWESTERLY by Cherry Tree Road, as Shawn on said plan, one hundred seventy-
six and 08/100 (176.08) feet;
WESTERLY by land of Paul K. and Jean M. Rama, as shown on said plan, one
hundred sixty-five and 00/100 (165.00) feet.
The land being conveyed herein is shown as LOT C2 on a plan of land entitled
"Plan of Land in Cotuit, Barnstable, Musachusetts,715ir-Zharles N. Savory Drawn by
RSJ Scale: 1 in. - 40 ft. Checked by R.P.B. Date: Deowber 29, 1975, Charles N.
Savery Inc. Registered Civil Engineers & Land Surveyors 712 Main St. Hyannis, Mass."
Said plan is recorded in Barnstable County Registry of Deeds, Book 301, Page 100.
Fbr our title see deed to us from the Newomb-Rich, Inc. A copy of which
is recorded in the Barnstable County Registry of Deeds in Book 2513 Page 328.
tyl OF MA 6ACtioSE-iTS
ttntaa our_hand a and seals this............ .... T.....�tday of.......: X!TY&...........
��.. .........n,.............................................. ...............5M1t.'Ca�ls,el!... ...} .. ...
! ...Yl... ;....... .....................................................................................................
wILLIAM V. MATTOS CECILIA P. MATTOS
.......................................................................
�1)C �umutpitautalt� of it 14"utliate uo
BARNSTABLE, as. JULY Y�3} , 1903
Then personally appeared the above named WILLIAM V. MUMS and CECILIA P. MUTM
and acknowledged.the foregoing instrument to be their free at wad-deed,.befht4 me
•.\M S IN1111N,11j,, f�;�l
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t M�5610N'•� � ... ,1'Tbla11..... � . ..1. �.1' ati ?
1}: ..:trr„-�h •.. s.F YLty tOmmi4lDa C�?iRl +""1T. 24,
'.sf p.;✓sr:Hl�;;'�4' ,� ��*Udlvidual—joint Tenants—Tewts in CAtunwa,)
1 P ! 6 AS AbI31020 SY CHAP�t>:49f OF I"?Y. \)l t�;nrras la
gdtd �ee►in w Yaliuwd 7t a OWlldome a a►. of. '.t q,lLe sempyt.�,F�! laa.er In aat�iis of rtr auu.of cis 060.
for a 4w' ,wwwww=OW mom do tout peip for ItN. ,w r t
m �,�y t6i or mmdol"0— All sail Indorrsmeob and �
FsBun ro ply wtf6 e6L U. eBecc nlldlg of our dro6.1Vo liil +
it L lu almee 1�tt1 f6e p((Oil of ddsoa ��}���� D „-` a
I} A_/tl`ltly
Town of Barnstable
Growth Management Department
Zoning Board of Appeals
August 30, 2006
To: Tom Perry
RE: 130 Guimquissett Road, Cotuit, MA
For your review. Please let me know if you have any
comments or corrections.
Thanks,
Art
i
BIKE Town of Barnstable
Growth Mariagement Department
367 Main Street,Hyannis,MA_02601 -Ruth J.Weil,Director
Zoning Board of Appeals
200 Main Street,Hyannis,MA 02601
Gail C.Nightingale,Chairman
Phone(508)862-4785 Fax(508)862-4725
August 30, 2006
Theodore A. Schilling,Esq. �
Law Offices of Theodore A. Schilling f`off- a
1550 Falmouth Road-Center Place, Suite 10J .
Centerville,MA 02632
RE: 130 Guimquissett Road, Cotuit,MA-Zoning Board of Appeals-Variance 1982-39
Dear Mr. Schilling:
In response to your August 22, 2006, letter concerning the above referenced Zoning Board of Appeals
variance issued June 23, 1982,to a William V. Mattos and Robert H. Quinn for property addressed 130 l
Guimquissett Road and 74 Cherry Tree Road, Cotuit,MA, I offer the following observations and
information.
The question you pose is that you"wish to confirm with [this] office and the Building Commissioner,
that in fact [130 Guimquissett Road, Cotuit,MA] remains a viable buildable lot which [your] clients will
be able to pull a building permit." With respect to that part of your question relating to"pull[ing] of a
building permit", that cannot be answered at this time given no completed building permit was submitted
to the Building Division. Concerning your question asking if the lot"remains a viable buildable lot"
suggests to me that you are seeking confirmation that the subject lot is buildable
As you are aware, this office, as well as the Building Commissioners Office, does not issue so-called
"letters of buildablity". As to the buildablity of any lot, that determination is made only by the Building
Commissioner and only upon the receipt of a completed building permit application for the proposed
development of a lot inclusive of; all necessary information, all other required permits, and orders as
applicable, as well as plans in full conformity to all applicable building,zoning,fire and health
regulations.
However, with respect to your letter I would offer the following observations:
• As noted, on June 23, 1982 Variance No. 1982-39 was issued by the Zoning Board of Appeals to
William V. Mattos and Robert H. Quinn.
0 The variance issued was that of a bulk variance allowing two undersized lots as shown on a plan
entitled; "Plan of Land in Barnstable(Cotuit)for Charles N. Savery,Dated;December 29, 1975
-No. 71147B"to be individual buildable lots. The referenced plan is an Approval Not Required
Plan endorsed by the Barnstable Planning Board and recorded at the Barnstable Registry of
Deeds in Plan Book 310 page 100 on December 29, 1975.
• At the time of the grant of the variance, the two lots were already in individual ownership. The
130 Guimquissett Road lot was owned by Robert H. Quinn and Marjorie Quinn and the 74
Cherry Tree Road lot was owned by William V. Mattos and Cecilia P. Mattos.
• On August 19, 1982, the variance issued was recorded at the Barnstable Registry of Deeds in
Book 3539 page 304. The recording was completed within one-year of the granting of the
variance. At the time of this recording each lot was held in separate ownership.
• Also, on August 19, 1982,the lot addressed as 130 Guimquissett Road, was transferred from
Robert H. Quinn and Marjorie Quinn to Charles A. Bowler and Pamela M. Bowler as evidenced
by a deed recorded at the Barnstable Registry of Deed in Book 3539 page 309.
• On July 22, 1983, the lot addressed as 74 Cherry Tree Road, was transferred from William V.
Mattos and Cecilia P. Mattos to the individual ownership of William V. Mattos as evidenced by
a deed recorded at the Barnstable Registry of Deed in Book 3807 page 102. Also, as your letter
indicates a house was constructed on this lot in 1992.
• The 1982 variance was, and still is, subject to"The Zoning Act"of 1975. The present MGL
Chapter 40A. Section 10 of that Chapter requires a variance to be executed within one year.
That section is also explicit that the variance travel with the land or structure.
• In November of 2000,the Resource Protection Overlay District was imposed in this area. District
regulations now required all lots created thereafter have a minimum lot area of two acres.
However, Section 240-91.G provides an exemption for separate individual buildable lots that
predate November 16, 2000.
Given the facts above,I would conclude that the variance was implemented as required. Thereafter,the
lots appear to be held in separate ownerships and I assume separate from any common ownership with
other neighboring lot(s). It does not appear that the subject lot was reconfigured or altered from that
parcel that was issued in the 1982 variance. The fact of separate ownership and verification of the
assumptions cited would be conclusive evidence that relief granted remains in effect.
As noted, this letter is not intended to address the issue of buildablity. That will only be addressed by the
Building Commissioner upon the submission of a completed building permit application. With regards to
that application,the Building Commissioner requires that all undersized lots have certification indicating
that the lot was legally created and documentation of ownership indicating that no adjoining lots were
held in common ownership. Also, as in your case, proof that the variance was implemented in a timely
manner and verification that those restrictions upon which the variance was granted have not been altered
thereafter.
Respectfully,
Arthur P. Traczyk,Principal Planner
Growth Management Department,Regulatory Review Services
Copy: Gail C.Nightingale,Chairman Zoning Board of Appeals
Tom Parry,Building Commissioner
ZBA File Appeal 1982-39
File: Correspondence-2006—L-82906 Schilling on 130 Guimquissett Road
AUG, 23, 2006 2: 09PM N0. 6552 P. 2
LAW OFFICES OF
T HEODORE A. SCHILLING9 P.C.
1550 FALMOUTH ROAD, SUITE 10 CENTERVILLE,MA 02632
TELEPHONE: (508)775-0700; FAX:(508)775-0792
www.lawcapecod.com EMAIL: law®cape.com
ro
ti xe�
- rw-
August 22,2006l'
Via Facsimile &Regular Mail;
Arthur Traczyk,Principal Planner w ?
Barnstable Planning Board m r
200 Main Street
Hyannis, MA 02601
RE: Grant of Variance-Appeal No. 1982.39
Property Owner: Charles A. & Pamela M. Bowler
Property Address; (Vacant Lot) 130 Guimguissett Road, Cotuit,MA
Dear Art:
1 represent Mr. and Mrs. Charles Bowler who are the owners of a vacant lot situated at
130 Guimquissett Road in Cotuit. Back in July of 1982,the Board of Appeals unanimously
voted to grant a variance as concerns Lots 106 and 177 on Map 19 to make them both buildable
lots in accordance with a plan submitted with the filing recorded in Plan Book 301,Page 100. I
have enclosed a copy of the recorded Decision and Plan herewith. Lot 177 had a house
constructed upon it in 1992, but Lot 106 remained vacant and in separate ownership.
At this time my clients wish to construct a house in the near future on Lot 106 and we
wish to confirm with your office and the Building Commissioner that in fact it remains a viable
buildable lot which my clients will be able to pull a building permit.
1100 ward to hearing from you on this matter at your earliest opportunity.
Very tr
Te
AS/smr
Q;-CLIENTFOLDERS$OWLER04dG7VA((UTIUDIA 1619EQUd OG
AUG, 23. 2006 2: 08PM N0, 6552 P. 1
The Law Offices Of
Theodore A. Schilling, P.C.
1550 Falmouth Road, Suite 10 Telephone: 508-775-0700
Centerville, MA 02632 Fax: 508-775-0792
Email: law@cape.com
FAX COVER SHEET
Arthur Traczyk7 Principal Fax: 508-862-4784
To: Planner Town. of Barnstable
CC
CC: Fax:
From: Theodore A, Schilling, Esquire By: Susan Randall
Pages: 5 (Including Cover Sheet)
Date: August 23, 2006
Appeal No. 1982-39
Re: Charles A. &Pamela Bowler
130 Guimqui6sett Road, Cotuit
0 Urgent X For Review ❑ Please Comment O Please Reply
Please see attached letter and copy of Decision and Plan.
Look forward to discussing same with you.
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The documents accompanying this FAX tranEmission cover letter contain information from The Law Offices of Theodore A.Schilling,P.C.,
which is confidential and privileged. The information is intended to be for the use of the individual or entity named on this transmittal
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IMMEDIATELY BY TELEPHONE.
AUG, 23. 2006— 2: 09PM N0. 6552 P. 3
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fpNti f,LERK BOc�lc35.39PeGE 304
• 4W IA9� -rla5sTOWN OF BARNSTA�BLL 21832
'!1't J1►N 23 PM 3 0 Zoning Hoard of Appeal
VW jgLL )qU2§_6„Rebezt H._Qginn-•„_ Deed duly recorded he the — �-
Proparfy Owner
County ltoglstry of Deeds In Book
Saa®e� ..-_._,, ........_ Page
YetfUoner
RE6pR0 II REGISTRY OF BE $ Dhtrlat of the Land Court Cartlfieatc No.
UI m� �L 110E _...,_.._.._..�_Beo4_,.----1'ag't•--- i
l
Appeal No. ....... ]082
t• PAOT6 aad DE01610li l
Pelitisan$ ku, G tl1_-��1N6AXS..1{s 4►l xuu—.filed petition an jWy.L4 ..-.,_leg ,
regnast�g ■rarlsnaa-permit far prsmlas At In the Allaka
otmo
i
of adjoining prolnleea of (Bee ■l,twhed lilt)
Loans odor consideration: D"notabl, Asaesaor'a flop no. --IL----let DO-- 77
Petitlan far®peelal Permit D
Appliest6a far Varlsnam [ made under Sea..Q fa of the Tosco of Barnstable
I
Ronln61a,lawo and see. Chsotor 10A.,Mw-Gal.Laws
for toe Pearls of r=a9lam eWQ•yp ii8lT,l:f1�Ci�iO�_YLilii
Loos Is presently zoned 1" A't,tAArA
No&e of this Learing was glven by mall,poatago prepeld, to all Demons deemed aCaeted end
by publihisit Inbarnatable patriot newspaper pablislied in Town of Barnstable a copy of ;
which i awahad to the ecoord of thew preeeedinge filed with Town Clark,
A pablfo heating by the Board of Appeals of the Town of Berizatable was )laid at the Town
Office pullyog.11yanala, Yen..At P,ef,June j1 L___11B2 ,
upoa lag petition varier aeaing by-laws.
Present at the hclAuff .+ere the following membenl
1 agrAArd t_ ner _ prwak B.�..�iQAZd9D-.— Ga11 Ni�hc��oalw „r.�
chairman
AUG, 23, 2006— 2: 09PM No, 6552 P. 4
eoox3539 Pace 305
At the eoneluaion of the hearing,the Board took amid polition under advleersont,A view of the
.locoo vas made by the hoard.
Appeal No__==32. _.,__ Pap_2 of:-.-2
0ta tie to _..._ 19 J2_,The Board of dppesh blind
hr. Xactoo presented the petition for a variance and explained that.there are
two lots under consideration which require variance relief from squerh foot are&
requirements imposed in the realdenee E zone in which the lend is located. Both
of these lots are on Cufnluinaett Rd.. Cotuit. Lot a1 as shown on the plan sub-
mitted with the filing, in awed by Robert Quinn.and lag C-2 is caned by life.
hattos. Let o-1 contains 39,347 aq. ft. and lot C-2 contains 40,141 eq. ft. of
Arco: A residence F tone requires a minimum lot size of one Acre (43,560 aq, ft-)-
The subdivision of this land was approved by the Planning Hoard in 1976 and the
upgrading of zoning to one-acre occurred in 1973. The petitioner believed that
both of theme lots were buildable late. Both lot owners now find that these are
nee buildable lots without zoning relief and would suffer severe financial hard-
ship 1f the lots cannot be built on.
No one spoke in favor of or in ob±zerion to the petition and the Board took the
matter under advisement.
The Board voted unanimously to grant the petitioners a variance allowing two
undersized lot@ to he utilized an buildable lots at Cuimquisaett Rd., Cotuit
and found that each of these two lots Is lees than 101 deficient of the one-Acre
minimum lot else imposed in the RP zone in uhicb this land is located. Tn addition,
the Board found that the shade of :he Iota cosplien with the requirements of See. 10
of Chapter 40A., H.G.L. and Sec. Q. 2(c) of the toning by-lave necessary to the
granting of a variance. The patitionere cannot acquire additional land which would
enable them co moct the one-acre zoning requirement and would auffor severe financial
hardship if the late cannot be used for single-family residential use. Variance
relief is granted in accordance with the plan submitted with the filing and cited
as tollovs:'
"Plan of Lend in Barnstable (Cotuit) for Charles N. Savery,
Dates December 29, 1975 - No. 7114711".
1, f :��1 'J 1 :st Clerk of the loon of Dammtable, Baraatable
County,xasanebusetta, bcrcby eertify that twenty (20)days have elapaod limes the Board of Appoith
rendered its deeieion in lbe aV�v."tir,ed petitlaa sad tbat no appcal of said deoiaion hae been filed
In Lhe office of the Toga ke
signed and Secled tblq�„�: .day pf--?G. {!---.., 19 S'` under the palm and
penalties of perivey. ,(
Ell
Dielribntion e— e:rf -
Property 04ner ,ri',. e,: ---
Torn Clerk �� N"• Baird of Appeals
Applicant Town of Beraaublc
persona latereated
Handling 1rutpforeeoior
Public lafoe>,ation 1qY-•�Board of Appeals
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AUG. 23, 2006 2: 09PM / N0, 6552 P. 5
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O1 LOT"et" 8
LOWRIXE V.6 MART K.WORK `
O! ca , 39,347 S.F. -- '
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PAUL N.C JLLN In.ROMA + 40.141 S.F.
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CHERRY THEE ROAD
• NOT['
TH eblla0w plmnmEaO N pbn DaYT.ga1�.Ni a qa,
TOWN DF BA&MB LE PLAN OF LAND i
PLkNNIND RDApD '
YALtiI u¢tAn�turoallumn9d l.�Avr AtatAta IN '
COTINT BARNSTABLE MASS.
pop CHARLES N. SAVERY
DRAWS PT 9CAli: I IN,.AO FT.
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O15F�E5°Q' DDr[:DEC£MBER2C,1075 •n�•
yr•CHARLES N UVERY INC. p.
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