HomeMy WebLinkAbout0011 SESAME STREET10 Oak Street changed to 11 Sesame St
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ESSELTE 101,
FREEMAN LAW GROUP LLC
Attorneys at Law
Peter L.Freeman Ilana M.Quirk,Of Counsel Kevin T.Smith,Of Counsel
pfreeman@freemanlawgroup.com iquirk@freemanlawgroup.com ksmith@freemanlawgroup.com
Tel.(508)362-4700 Mobile(781)854-2430 Tel.(508)362-4700 Tel.(508)362-4700 (978)369-0634
Mobile(978)549-3399
December 24, 2020
Brian Florence, Barnstable Building Commissioner 6(f/L
Town of Barnstable 1NG KEPT
200 Main Street DEC 31 2020Hyannis, MA 02601
RE: 10 Oak Street Centerville MA 02632
TOWNOWN o BARNSTAB E
Dear Mr. Florence:
In my opinion, as set forth below, the parcel, known as 10 Oak Street, Barnstable, MA
Assessing Parcel 173/006)and which is located in an RF Zoning District("10 Oak Street Parcel"),
satisfies the requirements of'the "Developed lot protection" provision set forth in Barnstable
Zoning Bylaw(`-`ZBL") §240-91.H.- Under that provision a developed parcel may be developed as
of right with a new single-family dwelling if,before the parcel became nonconforming,the parcel
Was both: (i)lawfully in existence and(ii)improved by the construction of a single-family or two-
family residence which conformed to all provisions of the ZBL and if the new dwelling will
conform to the dimensional requirements set forth under the provision.
Specifically, ZBL §240-91.H provides (in bold text) as set forth below and is satisfied (as
noted below), based upon the June 16, 1980 Subdivision Plan(recorded at the Barnstable County
Registry at Book 346, Page 76)("1980 Subdivision Plan") and the December 23, 2019 Plan
prepared by Paul E. Sweetser for the 10 Oak Street Parcel ("December 23, 2019 Plan) and the
pending building permit application materials:
ZBL §240-91H. Developed lot protection; demolition and rebuilding on
nonconforming lots:
Preexisting legal nonconforming lots which have been improved by the construction
of a single- or two-family residence which conformed to all provisions of the zoning
ordinance or bylaw at the time of construction shall be entitled to completely demolish the
old residence and construct thereon a new residence in accordance with the following.
Added 11-18-2004 by Order No. 2005-025W]
NOTE:The original single-family dwelling at the 10 Oak Street Parcel was in existence in
the'1960's and at the time of the zoning amendment in 2004. The parcel itself has had its
current configuration since the June 16, 1980 endorsement of the 1980 Subdivision Plan.
The requirements of the zoning in effect on June 16, 1980 were satisfied as noted below
86 Willow Street n Yarmouthport,MA 02675 a Phone(508)362-4700 a Fax(508)362-4701
see the December 23, 2019 Plan, which shows the location of the original dwelling, and
the 1980 Subdivision Plan which also shows the original dwelling):
Required: Actual:
Frontage: 150' Satisfied(parcel had and has 152' of frontage)
Lot Area: 43,560 s.f. Sati
t
sfied(parcel had and has.43,560 s.f. of area)
Front Yard: 30 feet Satisfied (original dwelling front setback: at least
50')
Side Yard: 15 feet Satisfied(original dwelling side setbacks: at least
50')
Rear Yard: 15 feet Satisfied(original dwelling rear setback: at least
150').
As-of-right. The proposed demolition and rebuilding shall be permitted as-of-right
on a preexisting legal nonconforming lot that contains a minimum of 10,000 square feet of
contiguous upland, provided that the Building Commissioner determines that all of the
following criteria are met:
NOTE:The 10 Oak Street Parcel has 43,560 s.£ of area and,therefore, satisfies the 10,000
s.f. requirement and, since the parcel is located in a Flood Zone X, it consists entirely of
upland, all as depicted on the December 23, 2019 Plan.
a)The proposed new structure conforms to all current use and setback requirements
of the zoning district it is located in;
NOTE: The building permit application illustrates that all current use and setback
requirements of the zoning district are fully satisfied.
b) The proposed construction conforms to the following requirements of lot
coverage,floor area ratio and building height:
11 Lot coverage by all buildings and all structures shall not exceed 20% or the
existing lot coverage,whichever is greater;
NOTE:The lot coverage will not exceed 20%as set forth in the building permit application
materials.
21 The floor area ratio shall not exceed 0.30 or the existing floor area ratio of the
structure being demolished and rebuilt,whichever is greater; and
NOTE:The FAR shall not exceed .30 as set forth in the building permit application
materials.
31 The building height, in feet, shall not exceed 30 feet to the highest plate and shall
contain no more'than 21/2 stories.The building height,in feet,shall be defined as the
vertical distance from the average grade plane to plate.
NOTE: The building height will not exceed 30 feet to the highest plate and shall
contain no more than 2 '/2 stories, as set forth in the building permit application materials.
c) Further expansion of the rebuilt structure must conform to
Subsection H(1)(b) above.
NOTE: Not relevant now,but future expansions will comply.
If you could confirm that you agree with this letter,please advise as soon as possible.Thank
you.
Very truly yours,
Ia'A—,z
Peter L. Freeman, Esq.
10/24/2019 Homestead Mortgage LLC Mail-Fwd: 10 Oak Street(Assessing Parcel 173/006)-Veritas Academy non-conforming lot
Homestead Mortgage
LLC Mail
Steve Mele<stevemele@myhomesteadmortgage.com>
Fwd: 10 Oak Street (Assessing Parcel 173/006) -Veritas Academy non-conforming
lot
Peter Freeman <pfreeman@freemanlawgroup.com> Fri, Oct 18, 2019 at 3:1 7 PM
To: Steve Mele<stevemele@myhomestead mortgage.com>
Here you go. On ferry so probably hard to talk
Sent from my iPad
Begin forwarded message:
From: "Ilana Quirk"<IQuirk@freemanlawgroup.com>
To: "Peter Freeman"<pfreeman@freemanlawgroup.com>
Subject: 10 Oak Street(Assessing Parcel 173/006) -Veritas Academy non-conforming lot
Hello,
You asked for an opinion as to whether a parcel, known as 10 Oak Street, Barnstable, MA(Assessing
Parcel 173/006)("l 0 Oak Parcel")has a right to build a single-family dwelling under the Barnstable Zoning
Bylaw. You have informed me that a single-family dwelling was located on the 10 Oak Street Parcel but it
was demolished and the intention now is to build a new dwelling that would conform to all existing
dimensional zoning requirements, except as to lot area.The 10 Oak Parcel has one acre of area and does
not conform to a recent zoning amendment that requires that a parcel in the relevant zoning district shall
have a minimum of two acres of area.
In my opinion, based upon the available material that is described below, a single-family dwelling may be
built now, as of right, at the 10 Oak Parcel, provided that all of the requirements of ZBL§240-91.H(1)are
fully satisfied. This particular provision allows for a"Developed lot protection,"which expressly allows for
the demolition and rebuilding on a nonconforming lot, provided that all of the following requirements are
satisfied:
First,the parcel in question must be a lawfully pre-existing, nonconforming parcel, meaning that the parcel
had to both: (i) have been lawfully in existence; and (ii) have been improved by the construction of a single-
family or two-family residence which conformed to all provisions of the ZBL before it became
nonconforming.
Please note that, based upon the available information, which is detailed below, the 10 Oak Parcel first was
created on June 16, 1980 when the Planning Board endorsed a subdivision plan for a four-lot development
this is so even though the dwelling itself was in existence as early as 1966, but on a smaller parcel). But
the date of the creation of the relevant parcel was June 16, 1980.
So,to be eligible for the"Developed lot protection,"the single-family dwelling on the 10 Oak Parcel
had to have conformed to all provisions of the ZBL on June 16, 1980. That means that the ZBL
requirements for June 16, 1980 should be researched to determine compliance with the relevant
requirements.
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10/24/2019 Homestead Mortgage LLC Mail-Fwd: 10 Oak Street(Assessing Parcel 173/006)-Veritas Academy non-conforming lot
Please note that there is the potential to argue that any nonconforming rights that existed in the 1960s are
now available to the 10 Oak Parcel; however, there are insufficient facts to evaluate that potential and, if the
10 Oak Parcel fully conformed to all zoning requirements on June 16, 1980,then that would be sufficient. If
the 10 Oak Parcel was not conforming on June 16, 1980,we would need to perform more research and
evaluate the matter further.)
In determining compliance by the 10 Oak Parcel with the June 16, 1980 zoning requirements, particular
attention should be paid to:
i) How the term "side yard"or"setback"was defined. The western side yard (setback)
for the single-family dwelling must be reviewed in relation to the right of way located on the
western boundary. In other words, the definition for the term"side yard"or"setback"from June
16, 1980 must be examined to determine whether the side yard or setback distance was
measured is from the dwelling to the lot line or to the right of way.
and
ii)How the term"lot area"was defined, to determine whether the minimum lot area
calculation was allowed to include or had to exclude the right of way area. _
Second, the 10 Oak Parcel must have at least 10,000 s.f.of contiguous upland and, since there is no
information regarding the amount of upland that is contained within the area for the 10 Oak Parcel,this fact
must be favorably confirmed for the 10 Oak Street Parcel to be eligible for the protection.
Third, the Building Commissioner must be able to determine that all of the following criteria are met:
a.The proposed new structure must conform to all current use and setback requirements for
the zoning district it is in.
b.The proposed new structure must conform to all of the following additional requirements:
1] Lot Coverage. The lot coverage for all proposed building and
structures, shall not exceed 20%. (There is the ability to use the existing
lot coverage if it is greater than 20%, but since we have been told the
parcel is vacant, this would not apply.)
2]FAR. The Floor to Area Ratio ("FAR")shall not exceed
3.0 or the existing FAR of the structure being demolished and rebuilt
whichever is greater. (Please note the prior FAR of the prior structure
likely is not available to be used as it is no longer"existing.")
3) Height. The building proposed shall not exceed 30 feet to
the"highest plate"and shall contain "no more than 2 '/Z stories. The
building height, in feet, shall defined as"the vertical distance from the
average grade plan to plate." .
c An further expansion of the rebuiltypullt structure (once completed as allowed)may not be further
expanded, as of right, except in compliance with the
above requirements.
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10/24/2019 Homestead Mortgage LLC Mail-Fwd: 10 Oak Street(Assessing Parcel 173/006)-Veritas Academy non-conforming lot
Information Based upon Available Material.
The deeds and plan information attached above indicate that, since at least as early as June 16, 1980,
there was a single-family dwelling on property known as 10 Oak Street, Barnstable, MA(Assessing Parcel
173/006)(the 10 Oak Parcel'). On June 16, 1980, the Barnstable Planning Board endorsed a subdivision
plan (1980 Subdivision Plan")that created four parcels, including the 10 Oak Parcel.
The 1980 Subdivision Plan indicates that the 10 Oak Parcel already had a single-family dwelling on it and,
as newly configured, had 152 feet of frontage on Oak Street(which was labeled as a 1926 County Layout)
and 285 feet of frontage on a new way that was approved to be constructed under the subdivision approval
labeled as Sesame Street). The 10 Oak Parcel, as created under the 1980 Subdivision Plan has 43,560
s.f. of area; however, the setbacks for the dwelling are not shown. The May 12, 1980 subdivision plan was
recorded in Plan Book 346, Page 75 during 1980 (with the Barnstable Registry website indicating a
4/9/1'980 recording date, but with the plan itself stamped as having been recorded on 10/8/1980). The 1980
Subdivision Plan depicts the 10 Oak Parcel as Parcel 1 and indicates that Parcel 1 had a right of way
across its western boundary that is detailed in Plan Book 209, Page 69.
A review of the plan recorded at Plan Book 209, Page,69 indicates an ANR Plan that depicts an existing
right of way on the western boundary of what later became the 10 Oak Street Parcel (although additional
land was added in order to create the 10 Oak Street Parcel). The ROW information on this plan is difficult
to decipher but appears to be related to the 1926 county layout for Oak Street. This plan was recorded in
either 1966 or 1967,with the Barnstable Registry website indicating that it was recorded on 11-19-1966 and
with the plan itself indicating that it was stamped as having been recorded on 03-16-1967. This plan
indicates that the single-family dwelling that was located on what later became the 10 Oak Parcel already
was in existence when the ANR Plan was endorsed by the Barnstable Planning Board on November 7,
1966.
The current Barnstable Zoning Bylaw(provided above)("ZBL")indicates that, under ZBL§240-91.H(1), a
parcel that satisfies specific criteria is eligible for what is referred to as"Developed lot protection."
Conclusion:
If the 10 Oak Parcel is eligible for the"Developed Lot Protection"set forth under ZBL§240-91.1-1(1), then a
new dwelling that satisfies all of the required criteria described above may be built as of right.
If you have further questions or if you would like us to research the necessary background facts,to
determine eligibility for the Developed Lot Protection or to review additional research that you conduct,
please let me know.
Regards,
Ilana M.Quirk, Esq.
Freeman Law Group LLC
86 Willow Street
Yarmouthport, MA 02675
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10/24/2019 Homesfead'Mortgage LLC'Mail-wd: 10 0ak Street(Assessing Parcel 173/006}-V6rif;s Acatlemy aon-conforming lot
508-362-4700 voice
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iquirk@freemanlawgroup.com
4 attachments
DEEDS AND PLAN.pdf
4167K
ATT00001.htm
1K
gn ZONING BYLAW NONCONFORMITIES SECTIONS.pdf
933K
ATT00002.htm
1K
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TOWN OF BARNSTABLE BUILDING PERMIT APP ICATIO
TOWN of BAR N TOLEMap3Parcel Application # a a
Health Division 710R2 . AIN 26 P . Date Issued
Conservation Division Application Fee lo S Sd s 1 S
Planning Dept
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Permit Fee PA
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Date Definitive.Plan Approved by Planning Board
Historic.- OKH Preservation / Hyannis
Project Street Address
Village
Owner / I'Ch9 G /``/Address R U. O 10/ O-A,)AeVI A6
Telephone
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Permit Request e,—e- /Zo a f P e
Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new
Zoning District Flood Plain Groundwater Overlay
Project Valuation I Construction Type
Lot Size / CAP Grandfathered: Yes No If yes, attach supporting documentation.
Dwelling Type: Single Family Two.Family Multi-Family (# units)
Age of Existing Structure Historic House: Yes No On Old King's Highway: Yes No
Basement Type: Full Crawl Walkout Other
r - Basement,Finished Area,,(sg.ft.)_ Basement Unfinished Area (sq.ft)_
Number of Baths: Full: existing new Half: existing new
Number of Bedrooms:existing —new
Total Room Count (not including baths): existing new First Floor Room Count
Heat Type and Fuel: Gas Oil Electric Other
Central Air: Yes No Fireplaces: Existing New Existing wood/coal stove: Yes No
Detached garage: existing new size_Pool: existing new size _ Barn: existing new size_
Attached garage: existing new size _Shed: existing new size _ Other:
Zoning Board of Appeals Authorization Appeal # Recorded
Commercial Yes No If yes, site plan review #
Current_-..Current Use—
Proposed-Use--APPLICANT INFORMATION
BUILDER OR HOMEOWNER)
pl Af_.D yNameC Telephone Number
CJ
Address !X ! 01 License'#
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e Home Improvement Contractor#
Worker's Compensation # F
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ALL CONSTRUCTION DEBRIS RESULTING FROM THIS,PROJECT VYILL BE TAKEN TO__ °
SIGNATURE ATE
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FOR OFFICIAL USE ONLY
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Detail GOLDMAN, RICHARD M
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Property information CENTERVILLE MA 02632
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Mr.Thomas Perry
Department head
Dear Mr.Thomas,
I am writing as requested in our recent telephone conversation about my property at 10 Oak Street.A
representative of the Christ Chapel Church contacted me and asked to purchase my property in order to
expand their school.After looking at available buildings they decided that they would to stay on their
n( own campus and build.They plan to remove my buildings.
Respectfully,
ti Richard Goldman
CQ
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Town of Barnstable Geographic.Information System January 25,2012
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Ma 173 Parcel:006DISCLAIMERS.This map is for planning purposes only. It is not adequate for legal P
boundary delenrination or regulatory.interpretation. Enlargements beyond a scale of Fr.'GOLDMAN,RICHARD Mom- Total Assessed Value $169100 y
1"=100'may not meet established map accuracy standards.The paroei lines on this map Owne Selected Parcel El
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are only graphic representations of Assessors tax parcels. They are not true property Co-Owner 4 Acreage:1.00 acres;,Abutters'
boundaries and do not represent accurate_relationships to physical features on the map Location:10 OAKSTREET(CENT.WBARN)
such asbuilding locations.Buffer