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JOHN W.,K NNEY
ATTORNEY.AT LAW
12 CENTER PLACE f�
1550 ROUTE 28
CENTERVILLE,MASSACHUSETTS 02632
'TELEPHONE 771-9300 FAX NO.775-6029
AREA CODE 506
November 24, 1997
Mr. Ralph N. Crossen
Building Commissioner
Town of Barnstable
367 Main Street t.
Hyannis, MA 02601. -
RE: Request For . Determination of Buildability of
Undersized Lots
Locus: Lots . 1 & .2, 3, . 4, •5, 6 & 7, 8, and 9
Plan Book 325, Page' 33
Point. of ' Pines Avenue, .Centerville, `MA
Parcel ID
and Land Area: LOT ;MAP PARCEL LAND AREA
1 210 . 104-4 .25 acres
2 210 .`104-3 :46 `acres
3'-'�"'21.0�°"'10;4 2
_ 6'ac r e s_ f
4. 21'0 1'04-i 50f rca es` L
5 210 107-1 1.17 acres.
6 210 107-2 .77 acres
7 210 107-3 .70 acres
8 210 108-4 .46 acres
- 9 210 .108-3 . .46 acres .
Dear Mr.. Crossen:
I am writing `to request a _determination from you - that for
zoning purposes, the following are "non-conforming lots" exempted0. /t/
from the current :minimum. lot site provisions of the Barnstable
Zoning ordinance and.' are buildable lots: �J
Lots 1 & 2 (Merged into One Lot)-
Lot 3
Lot' 4
Lots- 6 & 7 (Merged into One Lot)
Lot,8 .
Lot 19 .
The facts' regarding these "lots are as follows
T. The lots, were established on a plan of land dated June 14,
1978 . The plan is recorded in the Barnstable County Registry
JOHN W..RENNEY
ATTORNEY AT LAW
12 CENTER PLACE
1 SSO ROUTE 28
CENTERVIL.LE.MASSACHUSETTS 02632
TELEPHONE 771-9300 FAX NO.77S-6029-
AREA CODE SOH
December 12, 199.7
Charles Crones . Jacqueline- Crones
66 Point of Pines 11140 Caravel, Circle, #310
Centerville, MA 02632 Ft. Myers, FL 33908
RE: Opinion Letter/Undersized Lot
Point of Pines, Centerville, MA
Dear Charlie and. Jacqueline:
Enclosed herewith please find a copy of page 4 of .my letter'. to
Ralph Crossen dated November '24, .1.997 which was signed by Mr.
Crossen. He has agreed with my -opinion rendered in said letter
that the lots as listed on page 4 of the letter. are buildable. .
If you have any questions please do not hes' to to call me
e t y Yo. r ,
Jo
n W. Kenney
JWK/wlj
Enclosure
Mr. Ralph N. 'Crossen
November 24, 1997
Page 4 -
14 . The only land owned by` the Crones family in this area is the
land that was subdivided to create Lots 1-11 shown on the plan
recorded in Plan Book 325, Page 33. , I have enclosed copies of
my rundown sheets and the deeds 'to all of the abutting lots to
establish that the Crones .family never held title to these
lots.
Based on the foregoing it is my opinion that the following
lots are "grandfathered". and' may be built upon for residential
purposes because the lots conform with Section 4-4.2 (2) or Section
4-4 .2(4) of the Zoning Ordinances,
Lot # Status Grandfatherina Provision
of Zoning Ordinance
1 & 2 Combined Make One Section 4=4.2(2)
Buildable Lot
3 Buildable Lot Section 4-4.2(2)
4 Buildable Lot Section 4-4.2(4 )
5 Buildable Lot Meets Current .Zoning/Already
Built Upon
6 & 7 Combined Make One Section. 4-4.2'(2 )
Buildable. Lot
S Buildable 'Lot Section 4-4.2(2)
9 Buildable Lot Section 4-4.2(2)
Please inform me by signing a copy of :this letter and mailing
it back to me as to whether, or not in your opinion thes lots may be
built upon for residential purposes. Thank you for your .attention.
l 71 "1
John W. Re``nney
JWK/wwl
Enclosure
I agree that as of the'date of this letter the foregoing lots
-
on plan recorded in Plan Book 325, Page 33 located on Point of
Pines . Avenue in Centerville, MA, for zoning purposes,
buildable lots.,
Ralph N. Crossen, Building Commissioner
Town of Barnstable
R
/Mr. Ralph N. Crossen
November 24, 1997
/ Page 2
I of Deeds in Plan Book 325, Page 33. The subject lots all have
adequate frontage on an approved way (a copy of the plan is
enclosed for .your records) .
2. On February 28, 1985,. by Article. 1 of the Town Meeting of the
Town of Barnstable, the minimum lot size for the subject area
was increased to_ 43,560 square feet.
3. Lot- 1 was conveyed on March 26, 1990 from Frances I. Crones to
Charles. G. Crones, Jr. , the- current owner. This deed is
recorded in Book 7105, Page 342. A copy -of this deed- is
attached for _your reference.
4. Lot 2 was conveyed on July 5, 1989 from Frances I. Crones to
Charles G. Crones, Jr. , the current owner. This deed is
recorded in Book 6809, Page 155. A copy of this .deed is
attached for your reference.
5. Per a note on the' ,subdivision plan, Lot 1 is not a legal
building lot. Lot l. is to be combined with Lot 2. Lot 2 was
conveyed into ownership separate from any other adjoining lots
before the expiration of the 5-year protection period provided
by Section 4-4.2(2) of the Barnstable. Zoning Ordinance (Zoning
Changed•2/28/85; Lot 2 conveyed 7/5/89) . It has remained in
separate ownership since July 5, 1989.
6. Lot 3 was conveyed on July 5, 1989 from Frances I. Crones to
Jacqueline Crones, the current owner. . .This deed is recorded
in Book :6809, Page 154 . A copy of this deed is attached for
your. reference. Lot 3 was conveyed into ownership separate
from any other. adjoining .lots before the expiration of the 5
year protection period provided by Section 4-4.2 (2), of . the
Barnstable Zoning Ordinance (Zoning Changed 2/28/85; Lot 3
conveyed 7/5/89) . It has 'remained in separate ownership since
July 5, 1989. '
7 . Lot 4 ,was conveyed on December 23, 1980 from Frances .I. Crones
to Charles G. Crones, Jr.; Trustee of the Crones Family Realty
Trust, the current owner. This deed is recorded.in.Book 3216,
this deed is attached .for your reference.
Page 161. A copy of
Lot 4 was. , conveyed into separate ownership within the "plan
protection period" provided by M.G.L. Chapter 40A, Section 6
and Section 4-4 .2(4) of the Town of Barnstable Zoning
Ordinance. Neither Charles G. Crones, Jr. , his mother Frances
I. Crones,- or his sister Jacqueline Crones is a beneficiary of
the Crones Family Realty Trust.
r
: .; Mr. Ralph N: Crosser-.
November 24,`-1997
Page 3
8. Lot 5 was conve
yed ed o n March 26 19 90 from m Frances I. Crones t.o
Jacqueline Crones, the current owner. This deed. is recorded
in Book 7105, Page 343. A copy .of this deed is attached for
your reference. - At the time of creation of the subdivision
plan, Lot 5 had-a house on it which remains to this day.. Said
Lot 5 also contains in excess of one acre of land and is a
separate buildable lot.
9. Lots 6 and 7 were conveyed on November 1, 1979 from Frances I.
Crones to Jacqueline Crones, the current owner .of both lots.
This deed is recorded in Book 3034, Page 276._ A copy of this
deed is attached for your reference. Since Lots 6 and 7 are
undersized lots owned in common ownership more. than five years
after the zoning change which impacted this area, they must be
combined into one building lot.
10.. Lot 8 was conveyed on July 5, 1989 from Frances I. Crones to
Charles G. . Crones, Jr. , the . current. owner. This deed is
recorded in Book 6809, Page 155. A copy of this deed is
attached for your reference. _ Lot 8 was conveyed into
ownership .separate from any other adjoining lots before the ,
expiration of the 5-year protection period provided by Section
4-4 .2 (2) of the Barnstable Zoning Ordinance (Zoning Changed
2/28/85; . Lot 8 conveyed 7/5/89) . It has remained in separate
ownership since July 5, 1989.
11. Lot 9 was conveyed on'July 5, 1989 from Frances I. Crones to
Jacqueline Crones, 'the. current owner. This deed is recorded
in Book 6809, Page 154. A copy of this deed is attached for
your reference. 'Lot. 9 was conveyed into ownership separate
from any other adjoining lots before the expiration of the 5
year protection period provided by Section 4-4 .2 (2) of the
Barnstable Zoning Ordinance (Zoning. Changed 2/28/85; Lot 3
conveyed 7/5/99) . it has remained in separate ownership since
July 5, 1989.
12 . Lot 10 was conveyed on July 13, 1982 from Frances I. Crones to
Vincent F. -Kirsch and.Margaret W. Kirsch, the current owners.
This deed is recorded in Book 3517, Page 188. A copy_ of this
deed is attached for your reference. This' lot is already
built upon. No opinion is sought on the status of this lot.
13. Lot 11 was .conveyed on January 4, 1983 . from Frances .I. Crones
to Edward O'Toole and' Dorothy O'Toole, the current owners
This deed is recorded in Book 3654, Page 180 .. A copy of this
deed is. attached for' your reference. This lot is - already
built; upon. No opinion is sought .on the status of this. lot.
Y lM
j Mr. Ralph N. Crossen
Ji November 24, 1997
Page 4
14 . The. only land owned by the Crones family in this area is- the
land that.was subdivided to create Lots 1-11 shown on the plan
recorded in Plan Book 325, -Page 33. I have enclosed copies of
MY rundown sheets and the deeds to all of the abutting lots to
establish that the Crones family never . held title to these .
lots.
Based on the foregoing it is my opinion that the following
lots are grandfathered" ..and may be built upon for residential
purposes because the Tots conform.with Section 4-4.2 (2) or Section
4-4.2(4) of the Zoning Ordinance':
Lot # Status Grandfathering Provision .
of Zoning Ordinance
1 & 2 Combined Make One- Section 4-4 2(2)
Buildable Lot
3� Buildable Lot Section 4-4 .2 (2)
4 Buildable Lot Section 4-4.2 (4)
5 Buildable Lot Meets Current Zoning/Already
Built Upon
6 & 7 Combined Make One, Section 4-4.2(2)
Buildable Lot
8 Buildable Lot Section 4-4.2 (2)
9 Buildable Lot Section 4-4:2 (2)
Please inform me by signing a copy of this letter and mailing
it back to me as to whether or not in your opinion thes lots may be
built upon for residential purposes. Thank you for your attention..
Ve truly yours,
John W. Kenney
JWK/wwl
Enclosure
I agree that. as of the date of this letter the foregoing lots
on plan recorded in Plan Book 325.1 Page 33 located on Point of
Pines Avenue in Centerville, MA, are, for zoning purposes,
buildable lots.
Ralph N. Crossen, Building Commissioner
Town of Barnstable