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Home My WebLink AboutPublic comment from Densieski in opposition1 Ziino, Genevey From:densieski@aol.com Sent:Wednesday, September 28, 2022 1:13 AM To:Quirk, Ann; Ziino, Genevey; ma@aol.com; matthewlevesque02648@gmail.com Subject:Public Comment, Street address 95 Sunset Lane Zoning Board of Appeals application No. 2022-048 September 28, 2022 hearing. Attachments:[A] LAND COURT MANUAL OF INSTRUCTIONS.pdf; [B] 220901 date signed, Pigott , lot 199, deed.pdf; [C] Zoning site plan, 95 Sunset.pdf; [D] 17933-H.pdf; [E] 17933-M.pdf; [F] Land Court doc. 19184, Barnstable Deeds ctf 8594.pdf; [G] 17933-A L.C. Plan dated 02_ 21_1941.pdf; [H] ctf 140593, 95 Sunset Lane, Land Court Certificate Search Results.pdf; [I1] Staff Report, 95 Sunset-page1].pdf; [I2] Staff Report, 95 Sunset-page 2].pdf; [I3] Staff Report, 95 Sunset-page3].pdf; [J} 95 Sunset Lane, Barnstable Town Property Card copy.pdf Ann Quirk, Town Clerk Jake Dewey, Chair, Zoning Board of Appeals, c/o genevey.ziino@town.barnstable.ma.us Matthew P. Levesque, President, Town Council, for vacant Liaison, Zoning Board of Appeals Zoning Board of Appeals, seven Members, c/o genevey.ziino@town.barnstable.ma.us Re: Public Comment, Street address 95 Sunset Lane, Zoning Board of Appeals, application No. 2022-048, September 28, 3033 hearing Dear Mr. Dewey, Zoning Board of Appeals application 2022-048, street address 95 Sunset Lane contains numerous factual errors which impedes the Zoning Board of Appeals from making a knowledgeable decision. The major legal inaccuracy being 95 Sunset’s Surveyor Down Cape En gineering, Inc (Down Cape) is negligent by not disclosing to the Zoning Board of Appeals in the application and site plan, that one of the lots which form application 2022-048 is entirely burdened by an easement. Massachusetts Land Court Manual of Instructions for Surveyors and the plans they produce states: [see A] 2.3.3. RECORD EASEMENTS. Easements recognized on prior locus Land Court Plans and easements subsequently granted or imposed as disclosed by the outstanding certificate of titleand title rundown must be shown. = = = The Zoning Board of Appeals September 28, 2022 agenda identified the property in appeal 2022- 048 as, The property is located at 95 Sunset Lane, Barnstable, MA as shown on Assessor’s Map 301 as Parcel 027. 2 Each Information Technology Department, Tax Assessor map is produced with this Legal Warning: Disclaimer Parcel lines shown on this map are only graphic representations of Assessor’s tax parcels. They are not true property boundaries and do not represent accurate relationships to physical objects on the map such as building locations. This mapis for illustration purposes only. It is not adequate for legal boundary determinationor regulatory interpretation.This map does not represent an on-the-ground survey. It may be generalized, may not reflect current conditions, and may contain cartographic errors or omissions. Please contact the Town of Barnstable GIS Unit with any questions, comments or concerns at: (508) 862-4624 or Email us here To continue, please click the "I Understand" button below. = = = The actual property identification of 95 Sunset Lane, the property in appeal 2022-048, is stated as follows from a September 1, 2022 sale, Quitclaim Deed doc 1,467,010 [see B] Street address 95 Sunset Lane is two separate lots. The original Unregistered Land, buildable parcel is Lot 7, Land Court subdivision plan 17933-A. [see B1] The second is a Registered Land burdened parcel is Lot 199, Land Court subdivision plan 17933- H.[see B2] Prudence A. Pigott is the sole owner. = = = The August 31, 2022 Zoning application included a site plan prepared by licensed surveyor Down Cape Engineering, Inc (Down Cape).[see C] Down Cape lists references it researched for creating the site plan under the heading References. [see C1] The references Down Cape listed for the Zoning Board of Appeals to render a decision for the appeal application are: -LCP (Land Court plan) 17933-H Sheet LOT 199 [see C2] -LCP (Land Court plan) 17933-M LOT 225 [see C3] -CERT. (Certificate of Title) 140593 [see C4] = = = The surveyor’s site plan attached to the Zoning application was produced by Down East and lists ctf 140593 under the heading References and Land Court plans 17933-H and 17933-M, both containing easement doc 19184 (a/k/a ctf 8594) in each plan’s title. The items listed under references were supposedly thoroughly researched by Down East to produce an accurate account for the Zoning Appeals Board which includes descriptions of any easements for the 95 Sunset Lane property. 3 I used the tern supposedly due to the fact that within ctf 140593 is the easement which is described in detail on Land Court document 19184 but is never mentioned on the Down East site plan for the Zoning Board of Appeals application. The Land Court plan titles applied to Land Court plans 17933-H and 17933-M both contain the phrase Filed with Cert. of Title No. 8594. Land Court subdivision plan 17933-H [see D] Land Court subdivision plan 17933-M [see E] Certificate of Title 8594 filed in the Barnstable Registry of Deeds is the same document as Land Court document 19184, Decree of Registration, Petition of Elizabeth J. Cobb, numbered 17933 and dated November 29, 1946. [see F] Land Court produced document 19184 states that So much of the land hereby registered as is included within the area marked “Bathing Beach”, on said plan, is subject to the rights of all persons lawfully entitled thereto in and over same.[see F1] Land Court plan 17933-A was filed February 21, 1941. [see G] 95 Sunset Lane Lot 7 is noted on the plan. = = = Attached is Land Court search of Certificate of Title 140593 which is shown as C4 on the site plan. The second listed item in ctf 140593 is Land Court document 19184 (a/k/a ctf 8594). [see H] = = = The applicant filed for a Special Permit pursuant to Town code Section 240-91. The Planning and Development Department, Staff Report which codified the 95 Sunset Lane application and utilized Barnstable Town code Chapter 240 produced a flawed recommendation for the Zoning Board of Appeals. [see I1, I2, I3] = = = The Planning and Development Department bypassed a segment of Town code Section 240-102, Contents of site plan, A. , (8)… The location, grade and dimensions of all …streets, ways and easements… Therefore the recommendation to the Zoning Board of Appeals overlooked the easement of the complete Lot 199, plan 17933-H or fifty percent of the application 2022-048 for the 95 Sunset Lane property area. The Planning and Development Department reviewed the August 31, 2022 site plan which references Land Court plans 17933-H and 17933-M with the easement doc 19184 (a/k/a ctf 8594) 4 being noted on both plan titles; and Certificate of Title 140593 with easement doc 19184 being the second item listed on the Land Court search. Yet, they did not take the easement into account when reviewing the application. Within the site plan drawing itself the surveyor Down Cape inserted the phrase Beach Easement within the site plan, but in a manner to insure it will escape notice. [see C5] The Barnstable Town created Property Card for street address 95 Sunset Lane also contains a Land Court Plan Reference 17933-M with the easement doc 19184 (a/k/a ctf 8594) being noted in the plan title; and ctf 140593 and ctf 81955 wherein both Certificates of Title contain “Bathing Beach” easement doc 19184. [see J] = = = Barnstable Town’s own Property Card records verify that the Town is aware there is a Land Court subdivision plan 17933-M; and the title of that plan includes in the title Filed with Cert. of Title No. 8594(the easement document 19184). It is evident that an easement exist on the entire Lot 199, Land Court plan 17933-M. Therefore, the Zoning Board of Appeals decision for application 2022-048 is based on the remaining 60,000 square foot parcel being Lot 7 and the Southerly 100 feet of Lot 225 without encroaching upon area marked “Bathing Beach” or Lot 199, plan 17933-H. This reduced buildable lot footage would be far too small to justify the approval of current Zoning application 2022-048. Attached A - J CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe!