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HomeMy WebLinkAbout0112 AUGUSTA NATIONAL DRIVE /(/ 1 L e" _. •, yoFTMET.04, TOWN OF BARNSTABLE t Q S i°t;•b BARNSTABLE, S 440 MO Mb 91 BUILDING INSPECTOR APPLICATION FOR PERMIT TO /C' P or a '" #27 • TYPE OF CONSTRUCTION `r/'P1�r „T4 414v . S.11- 1971 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit accordingr to the following information: Location X or" / 4J44/j7 4 /Y�77®N sq 4 alp e J'1147 ‘1i3O / !y Proposed Use c '� "`7� Zoning District PC _ Fire District �� .34( Q O4® Co.✓/ /o5i Name of Owner Wes' '"' ,94' 4Fr et,Address .... 4 /),,7 �iQ.L.4fer, �' Name of Builder !,��� Address ' /�' 7 �/,✓-7 Name of Architect ",40 Address .," A/ �/'3 Number of Rooms • Foundation 4:)1/ee eT Exterior / �� Roofing Floors c1ia® Interior .44 41/4./44 Heating -e�4'6r,diC Plumbing /.�815 m.3 Fireplace te, 'r Approximate Cost " .0: ®®•EYG� Difinitive Plan Approved by Planning Board d'el 17/9 6 1 • 0 70/ f //A Diagram of Lot and Building with Dimensions „Z l"e. 0.10 THE PROPOSED METHOD ST 76 NITARY WATER SUPPLY SEWAGE DISP FOR ,Z 7 l / A ND DRAINAGE I HEREBY APPR VE OSAL, /0 �; Q D TOWN p g 7� 7 y BOARD OF HEALTHABLEA A rnSED INST r� v 0 ....,. .. TALLER T ri4'tip'INSTALL SYSTEM szw AGE I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name " T Scaler, William H. .IJ 1 87 one story, No Permit for single family dwelling •P Augusta National Drive Location . 1 William H. Sailer t Owner ! _ • ._ e. 1 frame , Type of Construction ... r r Plot Lot , -�136 • r. . Permit Granted Nov ember 3 19 71 - r Date of Inspection .F- 41 I ® 19 7Y` Date Completed 19 PERMIT REFUSED ' i 19 y ` r/ 1 n f • ` ♦ . • - - 1 IJ Approved 19 - _ _ _ _ 1. . _. �h7 11 s _ , 1.2: . ' .. • . . \\ il .: ..7 . Il \. • ' ., . . . , . 4\ . . • . )137 705%;45/ '1,4 4( . . .. w �fTTii0T • +f '. . f • i� •_-, _. .... A:-„, a: ..&,.• w:yt. ., .,^. ".,` ..+winrF. .,..- ..i,fiY[i d. ..��:'^�. .p_br as m,p.r„.._ir..,;w.'..a.4_. !_ ....�t'�....:.�.:wa..fi •a4w.4;,.., -...„.........w-.�» ,SY.n.;A:-.v—ii,,:+., OFTMB kiss_ • i,, "�.• The Town of Barnstable • • BARNST�, • Department of Health Safety and Environmental Services rio Naas Os Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner May 23, 1996 \a Mr. and Mrs. William.H. Soller Heatherwood 5202 Yarmouthport, MA 02675 RE: Assessor's Map/Parcel Nos. 355/11 and 355/12 Dear Mr. and Mrs. Soller: At the request of your attorney,Albert J. Schulz,I am writing to you concerning the above captioned premises, which is a vacant parcel of land that is presently under agreement to be sold. This parcel, and the abutting parcel, were the subject of several variances issued by the Town of Barnstable Zoning Board of Appeals. I have reviewed the variance issued by the Zoning Board of Appeals in Appeal No. 1993-56, which has been recorded in Book 8896,Page 121 and the deed from you to Paul and Barbara Rand recorded in Book 8896, Page 244. Based on my review of the variance and deed,which one of the lots that was the subject of the variance, I am prepared to issue a building permit to you or any subsequent purchase of the vacant parcel. • It is my opinion that the conveyance to the Rands,which occurred within one (1)year of the grant of the variance, "exercised"the rights authorized by the variance, in accordance with the provisions of M.G.L. c. 40A, Sec. 10. If you have any questions concerning this matter,please do not hesitate to call me. Sincerely, Ralph Crossen Building Commissioner TRUE T_TEST A COPY A _-11-18 1 : , Town of Barnstable N CLERK C1/� t� 1T• - '- CaJ Zoning Board of Appeals (�/� . ''' ---'�, tIA Z' wri Clerk' V riance - Mi ni mnm Lot Size 3 BAfNSTABLE -�7 Decision and Notice OCf 2$ P3 Summary -,a - up }If i Appeal No. -) 1993-56 Applicant: - . William & Barbara soller Address 112 Augusta National Dr., Yarmouthport, HA 02675 Property Location: 112 Augusta National Dr., Cuamtaquid HA, Assessors Map/Parcel 335/012 & 335/011 Zoning: RF2 - Residential F-2 District Property Owner: William & Barbara soller Address of Owner 112 Augusta National Dr. , Yarmouthport, HA 02675 Variance Request: Section 3-1.1(5) Bulk Regulations, Minimum Lot Size. Activity Request: To permit the existence of two (2) undersize lots, shown as Assessors Hap & Lot Numbers 335/012 and 335/011, and to permit the )11 undeveloped lot #335/012 to be considered O4. • buildable. ' Procedural Provisions: Section 5-3.2 (3) Variances Y W Op 0 Background: - , • CDa This petition was before the Board in Appeal No. 1992-17 which was granted in ® April 09, 1992. The transfer of one Tot out of the applicants name did not occur in the one-year from the issuance of the Variance (May 15, 1992) . The Background in support of the Decision. made on Appeal No. 1942 117' is' repeated here in abreviated form (detail may be found in Decision and Notice for Appeal No. 1992-17) : , 1. Petitioner requested' that two adjoining lots, shown on the 1991 Assessors Haps as Lots No. 335-012 and No. 335-011, each be considered separate buildable lots. Both lots have been owned by the sollers and in accordance r< r, with Section 4-4:5 of the Zoning ordinance are to be considered one for the Mr" purpose of development. • 1,• O ,2% ' Situation was created by the fact that in 1977 the area was rezoned to RF- Y ... 2 and a minimum lot area of 43,560 sq.ft. was required for the District Q (*3 (previous lot minimum was 20, 000 sq.ft. ) . _Eight years elapsed from the time COd of the zoning change, and in accordance with the Zoning ordinance are today m considered one ( 1) for the purpose of development. • 3. Lot area identified as No. 335-011 is developed with a single family home that is the principal residence of the sollers. The' Sollers purchased two lots recorded in April 1971 and identified as subdivision lot 0136 and 0135 (today Assessors Hap & Parcel No. 335-011 and No. 335-010 respectfully) . The BP' :ORR:IR-01 :E3-11-1E 1 :42 # I bb2 Decision and Notice Appeal No. 1993-56 expressed intent of the two lot purchase was to develop one lot as the Sollers primary residents and to hold the second as a financial asset for their later retirement. 4. In october 1975, the Sollers traded Lot No. 335-010 for Lot No. 335-012, again an adjacent lot located south of the developed Lot No. 335-011. This trade was made to accommodate neighbors and yet retain a lot for future financial security. At this point in time both lots were developable. 5. In 1992 it became apparent to the Sollers that the additional lot they intended to sell as part of their retirement needs has been united with the adjacent developed lot, and both lots must be sold as one. The Sollers wish to continue their retirement in a retirement community in order to assure care and enjoyment. .The additional lot and its sales as a separate developable lot would provide the economic means for them to realize this desire. The Norton & Co. Realtors have estimated that the additional separate buildable lot may increase the value of the property some $65,000. 6. The Board was provided with case reviews from the Planning Department and the conservation Administrator. The Conservation Administrator was concerned that the Sollers understood that the property being adjacent to Long Pond (in Yarmouth) would still require Conservation approval of all development activities within 100 feet of the fringe of the wetlands. Procedural Summary: The application for Appeal No. 1993-56 was filed in the office of the Town Clerk and at the Zoning Board of Appeals on september 9, 1993, 2:53 PM. A public hearing, duly noticed under MG1 chapter 40-A was held on October 14, 1993, heard, closed and a decision made. The petition was heard by Dexter Bliss, Emmett Glynn, Ron Jansson, Gail Nightengale, and Chairman Richard Boy. Four out of five of the present Board members sat on the original decision where a Variance was granted. After restating the history of actions leading to this request, Mr. Soller presented his recent situation: On April 9, five weeks prior to May 18, they entered into a Purchase and Sale Agreement with Paul and Barbara Rand, who bought the house on Lot 136 - five weeks before expiration of their Variance. on September 10, the Rand's attorney questioned the status of the Variance on Lot 137. The petitioners had failed to renew their Variance. The Rand's attorney, on the date of the closing, said they could not close on the property till they had obtained a neW variance, so the two attorneys constructed an escrow agreement, involving note and mortgage. A down payment of $130, 000 made it possible for them to remain at their condo at Heatherwood, as they were already moved in. The escrow agreement provides that, in the event the Variance is not renewed, : and the Rands decide to move out, the cost of moving is to be paid for by petitioner. Lot 137 has not been sold. The expenses incurred thus far have created hardship upon hardship for the Sollers. Letters from neighbors in favor of 2 ecision and Notice►ppeal No. 1993-56 BF':02:19S-i�1`3 .J.:-11-18 1 :#` #dibu. • the petitioners were submitted by Mrs. Sailer: Mr. Sollet went on to say that he knows they had no defense in not being aware .of the zoning change and in neglecting to renew their Variance. His only excuse was being too wrapped up in the business of selling and moving to Heatherwood. • Warren Hallen, a neighbor of the Sollers, spoke in favor of the petitioner as he bought his property in good faith. Barbara Maslin, Lot 135, spoke in favor. Sean Sheen, an abuttor, spoke in favor, providing the vacant lot would not be subdivided further. He was told not to worry about that, that was the Board's responsibility. Chairman Boy asked if there was anyone present who felt the petition should not be granted. No one responded. • Ms.Nightingale read aloud names of all who wrote letters in favor, and they were put into the file (copies in ZBA File, Appeal No 1993-56) . Finding of Fact: Mr. Jansson spoke and said that they would be adopting, for the most part, findinds made on April 9, 1992. In particular, he would find: 1. That due to topographical conditions which is one of the conditions in 40A, Section 10, that the lot is unique and topography of the lot does create the hardship , lot location and its slope down to the pond and also abuttor's lawn create a unique lot in the area; 2. That because of that unique topographical condition, there is. no possible area from which to acquire additional land to bring the lot into conformity with current Zoning Bylaw. The two lots, themselves, each, if further subdivided, are the same size as other lots around which have been develope; . 3. That denying the petitioner the relief sought would impose a severe financial hardship, in view of the fact they had purchased the lot and intended to remain in separate ownership-for investment purposes and came before this Board in April, 1992 as evidence -of their good faith to. get a Variance when the Variance was required; 4. That the 1992 request for a Variance was granted by the Board, and the petitioners, relying on that variance, entered into Purchase and Sale Agreement to sell their house, which they are now bound by; 5. That the Board did grant a Variance back on April 9, 1992, and the conditions for which they granted a variance have not changed. Vote on findings: . Aye: Ms . Nightingale, Mr. Bliss, Mr. Glynn, Mr. Jansson and Chairman Mr. Boy. Nay: None. Conclusion: Accordingly, a motion was duly made and seconded that based upon the findings Appeal No 1992-56 for a Variance to the Minimum Lot Area requirements be granted to Lots No. 335-011 6 No. 335-012 subject to the following terms and conditions: 3 ecision ,and Notice BP IJocl:�6-1 11 .:�;-11-1��- 1 470662 appeal No. 1993-56' 1. That the lot that is unbuilt upon, Lot 012, Map '335, not be further subdivided. 2. This decision dose not grant relief from the petioners responsibility to obtain any relief from nor supersede the authority of the Town of Yarmouth, where portions of the land is located, if, in fact, that--is warrented. 3. The fact that this Variance is granted to their lots does not preclude, or otherwise exonerate the petioner from obtaining any order of conditions from the Barnstable Conservation Commission and any site improvements in Lot No. 335-012 as a result of the wetland areas located on the locus. The vote was as follows: Aye: Mr. Bliss, Mr. Glynn, Mr. Jansson, Ms Nightingale, and Richard Boy, Chairman Nay: None Order: The petition for a Variance to the Minimum Lot Area requirements has been granted to Lots No. 335-011 and No. 335-012 subject to the conditions • enumerated. Appeals of this decisions, if any, shall be made pursuant to MGL Chapter 40A, Section 17, and shall be filed within Twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant is reminded that this Variance should be recorded with the. Title to both Lots No. 335-011 and No. 335-012. This Variance will expire in one year if not implemented. • PARTIES IN INTEREST PAR: R355 U10. PAR: R 3 5 5 C13. WILLIAM H. & BARBAS—SOLLAR KEY: 254218 TAX CODE :100 KEY: 254245 TAX CODE :IGQ No. 1993-56 MASLEN. EAREARA W �_4� Lo 128 AUGUSTA NATIONAL DR SHEEHAR, JCNN D 8 EERNA co P C 3CX 4C9 r- YARMOUTHFORT MA 02675-0000 CUMMAQLID MA 02637-0000 6 1 : AR : R355 . '~ EY :AR540 TAX CODE : 100 PAR: R355 014. PAR : R355 015. '? KEY: 254254 TAX CODE:100 KEY: 254263 TAX CODE: 100 DAMS, DOUGLAS P & BRENDA J 7 BRINK, JAMES A TR 8 7 MEDINAH DR EARLS. fRANCIS X HELENA A �r MOUTH'PORT MA 32675-0000 `:' LEGGAT. RICHARD D TR 56 AUGUSTA RATIONAL DRIVE ALo JF TUFTS TR A&D/HALE & DORR YARMCUTHPCRT MA 02675-0000 _.., 60 STATE ST �' BOSTON MA 02109-0000 Lo AR: . R355 007. 'T' ' , PAR: R355 008. ' EY: 254133 TAX CODE: 100 `_' KEY: 254192 TAX CODE :100 PAR : R355 009. c'- KEY: 254209 TAX CODE :100 4MPSUN. ARA J & BARBARA I m 3 AUGUSTA NAT' LJ DR ERNST. RICHARD & ROBERT, 'TR 7525 GULF STREAM BLVD 119TAR.UG FRANK H g DRIVE EG �RMOUTHPT MA 02675-0000 AUGUSTA NATICNAL DRIVE MARATHON FL 33050-0000 YARMOUTH PCRT MA 02675-0000 lR : R356 018. PAR: R356 019. Y: 254450 TAX CODE: IOC KEY: 254469 TAX CODE : 100 PAR: R356 02C. KEY: 254478 TAX tODE : 100 EEFE. THOMAS JR 8 EEFE. ANNETTE , • TILLMAN. EDNA V MCKENNA. JCHN T & COROTHY I 76 7 AUGUSTA,ANN NTNL DR 144 AUGUSTA NATL DR BOXYARMOUTHFORT MA 02675-0000 CUM 3QL MMAQUID MA 02637-0000 CUMMAQLID MA 02637-000G R : R355 GuS. PAR : k355 006. r= 254165 TAX CODE : IOC KEY: PAR : R349 024. 254174 TAX CODE :100 KEY: 2515C5 TAX CODE : 100 uRNE. DAVID A & CROWDER. DIANA L UCKMAN. JOANNE 8 TRS C/O DIANA l VARJABEDIAN COREY. WILLIAM T 3 INE RD BOX 116 COREY, ELIZAEETH M 4 MIDP M Dp PORT 266 MI DP INE RD MA 02675-0000 YARMOUTHFORT MA 02675-0000 YARMOUTHPTE RD MA 02675-000C 1. . CJ LID Bernice Jasper, Trustee Jane B. Poor # Berkshire Realty Trust 76 Augusta National Drive 2 Martin Street Yarmouth Port, MA 02674 rr •• Newport, R.I. 02840 Map 91, Lot P144A Map 91, Lot C118A co James T. and Diane M. Reimer Grace Daly 26 Medinah Drive 61 Congressional Drive • Yarmouthport, MA 02675 Yarmouthport, MA 02675 cn Map 91 , Lot P144B co Map 91, C118Brn cn Paul G. and Clara H. Douglas Warren J. and Helen M. Allan . 42 Medinah Drive 43 Medinah Drive Yarmouthport, MA 02675 Yarmouthport, MA 02675 Map 91 , Lot P145A Map 91, Lot P146 Antonio J. and Pauline L. Chaves Douglas P. and Brenda J. Adams P.O. Box 596 27 Medinah Drive West Yarmouth, MA 02675 Yarmouthport, MA 02675 Lot 91, Lot C119A Map 91 , Lot P147 1 } • BP:08S9II8,-012 93-11-1;8 1 :42 #0662 • • HARTRANFT, EDWIN A. and HARTRANFT, TERESA M. 224 MIDPINE ROAD YARMOUTHPORT, MA 02675 Map 355, Lot 004 • ANS'1 Aui.a AOF APPEALS .-�8E-S6-0128 r_— 8� 2 7 LIC HEARING BP - 11-1 1 c #i II6F;2 • "THE ZONING ORDINANCE . • G OF OCTOBER 14,1993 ell-persons deemed interested or•af- by the Board of Appeals,under Sec. 11 of Chap.40A of General Laws of the Commonwealth of Mascichuietts and all amendments thereto,you are hcrcby notified that APPEAL NO.,1993-55 . 7:45 P.M. George A.Velardi has petitioned to the Barnstable Zoning Board ofAppcalsfor :a•Speciat•Prrn lvunderSection 3'1:4"(3) (D)of the Zoning Ordinance,to allow a Conditional UseFamily.Apartment at • Assessor's map 166,Lot 14,commonly .known'as'151 Sturbridge Drive,Oster- vile, Massachusetts,located in an RC A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 7:45 P.M. APEEAL NO._1A93-56•a- .:8:00 P.M. ::1vBIia ,L.and.Barbera B.Soller haze appealed to the Barnstable Zoning Board of Appeals for aV.ariance under Section 3-1.1(5).Bulk Regulations:. Minimum • Lot Area:to allow two undersized lots to •be considered buildable atAssessot's map 355,Lots 11 and 12,commonly known as Lots 136 and 137, Augusta National :Drive;.Yarmouthport, Massachusetts, located in an FR-2 District A PUBLIC HEARING WILL BE11ELD • ON THIS PETITION AT 8::00 P.M. . • • APPEALNO.1993-57 8:15 P.M. . Ryan Amusement Co.,Inc.'dib/a•Ryan Family Amusement has petitioned to the Barnstable Zoning Board ofAppcals for aSpecial Permit under Sectioe 3-3:1(3) ,..(B)of thezoning Ordinance as it applies •to coin-ooperated amusements.The sub- . .jest site of this apical is within the Cape -Cod Mall (Space W101), Route 13Z, . Hyannis,Massachusetts,Assessor's Map 293, Parcel 24: The parcel is zoned Business B District. •. —• BBEIOU, ON•THIS.PETITION'AT 8:15 P.M. APPEAL NO.1993-58 • 8:30 PM: Jeffrey Cuccia has appealed to the Zon- ing Board of Appeals for a Variance under.Section-.3-1:4(5) of the.2oning Ordinance,Bulk Regulations,Minimum Yard errharicc;to add a two.ear.garage and additional bedroom,encroaching into the side yard setback,at.Map 251.Lot 129,commonly known as 260 Longview Drive,Centerville,Massachusetts,in an • RC-1 Zoning District. A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 8:30 P.M. These ° hearings will be field in the Second i.'�\-\\ Floor Hearing Room.New Town Hall, (•\d� 367-Main Street, Hyannis, Massachu- setts on Thursday evening.October 14, RICHARD L BOY,CHAIRMAN ° dy�-• ZONING BOARD OF APPEALS • 'p 0Y y5p �° The Barnstable Patriot ryr` September 30&October 7,1993 BARNSTABLE REGISTRY OF DEEDS • ALBEIT J. SCHULZ ATTORNEY AT LAW WILLIAM CHARLES PLACE 7 PARKER ROAD OSTERVILLE,MASSACHUSETTS 02(355-2034 TELEPHONE(508)428-0950 FACSIMILE(508)420-1530 May 22, 1996 Mr. Ralph Crossen Building Commissioner Town of Barnstable 367 Main Street Barnstable, MA 02601 Dear Mr. Crossen: In accordance with our meeting at your office on Monday, May 13, 1996, I enclose herewith a"draft" letter to the Sollers for you review and reproduction onto your letterhead, as you requested. I also enclose a copy of the variance at issue and copy of the deed out of the house lot. Please review the letter and if you have any questions,please call me. I am furnishing a copy of the correspondence to Bob Smith. Thank you for meeting with me concerning this matter. Si erely, Albert J. ulz AJS/dab Enclosure CC: Robert D. Smith, Esq. Town Attorney • ..0 '4.1'°s.o� TOWN OF BARNSTABLE . 164• BARNSTABLE. • OFFICE OF TOWN ATTORNEY 713 M33. ,e39. peg 367 MAIN STREET Arfpmid- HYANNIS, MASSACHUSETTS 02601-3907 ROBERT D. SMITH, Town Attorney TEL. (508)790-6280 RUTH J. WEIL, Assistant Town Attorney NIGHT LINE-AFTER 4:30 P.M. CLAIRE R. GRIFFEN, Legal Assistant (508)790-6283 EILEEN S. MOLLICA, Legal Clerk May 29, 1996 FAX#(508)775-3344 Ralph Crossen, Building Commissioner Town of Barnstable 367 Main Street Hyannis, Ma. 02601 Dear Ralph: • Sincerely yours, 77°--- 6 -- Ro ert D. Smith, Esq. Town Attorney RDS;em - • • ALBEIT J. SCHULZ ATTORNEY AT LAW WILLIAM CHARLES PLACE 7 PARKER ROAD OSTERVILLE, MASSACHUSETTS 02(355-2034 TELEPHONE(508)428-0950 FACSIMILE(508)420-1538 May 22, 1996 Mr. Ralph Crossen Building Commissioner Town of Barnstable 367 Main Street Barnstable, MA 02601 Dear Mr. Crossen: In accordance with our meeting at your office on Monday, May 13, 1996, I enclose herewith a"draft" letter to the Sollers for you review and reproduction onto your letterhead, as you requested. I also enclose a copy of the variance at issue and copy of the deed out of the house lot. Please review the letter and if you have any questions, please call me. I am furnishing a copy of the correspondence to Bob Smith. Thank you for meeting with me concerning this matter. Sincerely, Albert J. Schulz AJS/dab Enclosure fn, ��. `; !I, Pl CC: Robert D. Smith, Esq. 1 f'f L Town Attorney I 8 , t • May 23, 1996 Mr. and Mrs. William H. Soller Heatherwood 5202 Yarmouthport, MA 02675 RE: Assessor's Map/Parcel Nos. 355/11 and 355/12 Dear Mr. and Mrs. Soller: At the request of your attorney, Albert J. Schulz, I am writing to you concerning the above captioned premises, which is a vacant parcel of land that is presently under agreement to be sold. This parcel, and the abutting parcel, were the subject of several variances issued by the Town of Barnstable Zoning Board of Appeals. I have reviewed the variance issued by the Zoning Board of Appeals in Appeal No. 1993-56, which has been recorded in Book 8896, Page 121 and the deed from you to Paul and Barbara Rand recorded in Book 8896, Page 244. Based on my review of the variance and deed, which one of the lots that was the subject of the variance, I am prepared to issue a building permit to you or any subsequent purchase of the vacant parcel. It is my opinion that the conveyance to the Rands, which occurred within one (1) year of the grant of the variance, "exercised"the rights authorized by the variance, in accordance with the provisions of M.G.L. c. 40A, Sec. 10. If you have any questions concerning this matter, please do not hesitate to call me. Sincerely, Ralph Crossen Building Commissioner 4 ~ , " A TRUE COPY ATTEST ��(,� , Ep .noo9�E,:i►1,�'1 3: -11-18 1 :42 #r_t_2 Town of Barnstable CLERK Gu ;Zoning Board of Appeals BAR. e. �.,~H nifriClerk' az:iance - minimum Lot Size �3 OCT 2 BA.RNSTABLE • .. ` Decision and Notice 8 . P3 Summary ',a ^t •Appeal No. '_:, + A 1993-56 • Applicant: William & Barbara soller Address 112 Augusta National' Dr. , Yarmouthport, HA 02675 Property Location: 112 Augusta National Dr. , Cummaquid MA, Assessors Map/Parcel 335/012 & 335/011 Zoning: RF2 - Residential F-2 District Property Owner: William & Barbara soller Address of owner 112 Augusta National Dr., Yarmouthport, HA 02675 Variance Request: Section 3-1.1(5) Bulk Regulations, Minimum Lot Size Activity Request: To permit the existence of two (2) undersize lots, shown as Assessors Hap & Lot Numbers 335/012 and 335/011, and to permit the 41 undeveloped lot #335/012 to be considered q 1. buildable. O Procedural Provisions: Section 5-3.2 (3) Variances hd W Op 0Background: , • m a This petition was before the Board in Appeal No. 1992-17 which was granted in April 09, 1992. The transfer of one Tot out of the applicants name did not a, occur in the one-year from the issuance of the Variance (Hay 15, 1992) . • The Background in support of the Decision. made on Appeal No. 1992-17 is, repeated here in abreviated form (detail may be found in Decision and Notice for Appeal No. 1992-17) : 1. Petitioner requested that two adjoining lots, shown on the 1991 Assessors Haps as Lots No. 335-012 and No. 335-011, each be considered separate buildable lots. Both lots have been owned by the sollers and in accordance f'< with Section 4-4 :5 of the Zoning Ordinance are to be considered one for the tR C4 purpose of development. 0 ,2. ' situation was created by the fact that in 1977 the area was rezoned to RF- hd w 2 and a minimum lot area of 43,560 sq.ft. was required for the District (previous lot minimum was 20, 000 sq.ft. ) . .Eight yearn elapsed from the time m a of the zoning change, and in accordance with the zoning ordinance are today ® considered one ( 1) for the purpose of development. - 3 . Lot area identified as No. 335-011 is developed with a single family home that is the principal residence of the sollers. The sollers purchased two M lots recorded in April 1971 and identified as subdivision lot $136 and *135 ( today assessors Hap L Parcel No. 335-011 and No. 335-010 respectfully) . The _ (� BF' :i�'BMF;-i=i 122 ':=;-11-11 1 :4# 14 LIbb Decision and Notice Appeal No. 1993-56 expressed intent of the two lot purchase was to develop orie lot as the Sollers primary residents and to hold the second as a financial asset for their later retirement. 4. In October 1975, the Sollers traded Lot No. 335-010 for Lot No. 335-012, again an adjacent lot located south of the developed Lot No. 335-011. This trade was made to accommodate neighbors and yet retain a lot for future financial security. At this point in time both lots were developable. • 5. In 1992 it became apparent to the Sollers that the additional lot they intended to sell as part of their retirement needs has been united with the adjacent developed lot, and both lots must be sold as one. The Sollers wish to continue their retirement in a retirement community in order to assure care and enjoyment. .The additional lot and its sales as a separate developable lot would provide the economic means for them to realize this desire. The Norton & Co. Realtors have estimated that the additional separate buildable lot may increase the value of the property some $65,000. 6. The Board was provided with case reviews from the Planning Department and the Conservation Administrator. The Conservation Administrator was concerned that the Sollers understood that the property being adjacent to Long Pond (in Yarmouth) would still require Conservation approval of all development activities within 100 feet of the fringe of the wetlands. Procedural Summaryt The application for Appeal No. 1993-56 was filed in the office of the Town clerk and at the Zoning Board of Appeals on September 9, 1993, 2:53 PM. A public hearing, duly noticed under MG1 chapter 40-A was held on October 14, 1993, heard, closed and a decision made. The petition was heard by Dexter Bliss, Emmett Glynn, Ron Jansson, Gail Nightengale, and Chairman Richard Boy. Four out of five of the present Board members sat on the original decision where a Variance was granted. • After restating the history of actions leading to this request, Mr. soller presented his recent situation: on April 9, five weeks prior to May 18, they entered into a Purchase and Sale Agreement with Paul and Barbara Rand, who bought the house on Lot 136 - five weeks before expiration of their Variance. on September 10, the Rand's attorney questioned the status of the Variance on Lot 137. The petitioners had failed to renew their Variance. The Rand's attorney, on the date of the closing, said they could not close on the property till they had obtained a new variance, so the two attorneys constructed an escrow agreement, involving note and- mortgage. A down payment of $130, 000 made it possible for them to remain at their condo at Heatherwood, as they were already moved in. The escrow agreement provides that, in the event the Variance is not renewed, and the Rands decide to move out, the cost of moving is to be paid for by petitioner. Lot 137 has not been sold. The expenses incurred thus far have created hardship upon hardship for the Sollers . Letters from neighbors in favor of • ecision and :Notice appeal No. 1993-56 BP :Occ:IR-0123 93-11-18 1 :42 #7i662 ' • the petitioners were stihmitted by Mrs. Soller. Mr. Soller went on to say that he knows they had no defense in not being aware .of the zoning change and in neglecting to renew their Variance. His only excuse was being too wrapped up in the business of selling and moving to Heatherwood. Warren Hallen, a neighbor of the Sollers, spoke in favor of the petitioner as he bought his property in good faith. Barbara Maslin, Lot 135, spoke in favor. Sean Sheen, an abuttor, spoke in favor, providing the vacant lot would not be subdivided further. He was told not to worry about that, that was the Board's responsibility. chairman Boy asked if there was anyone present who felt the petition should not be granted. No one responded. Ms.Nightingale read aloud names of all who wrote letters in favor, and they were put into the file (copies in ZBA File, Appeal No 1993-56) . Finding of Fact: Mr. Jansson spoke and said that they would be adopting, for the most part, findinds made on April 9, 1992. In particular, he would find: 1. That due to topographical conditions which is one of the conditions in 40A, Section 10, that the lot is unique and topography of the lot does create the hardship , lot location and its slope down to the pond and also abuttor's lawn create a unique lot in the area; 2. That because of that unique topographical condition, there is no possible area from which to acquire additional land to bring the lot into conformity with current Zoning Bylaw. The two lots, themselves, each, if further subdivided, are the same size as other lots around which have been developer . 3. That denying the petitioner the relief sought would impose a severe financial hardship, in view of the fact they had purchased the lot and intended to remain in separate ownership ••for investment purposes and came before this Board in April, 1992 as evidence .of their good faith to. get a Variance when the Variance was required; 4. That the 1992 request for a variance was granted by the Board, and the petitioners, relying on that Variance, entered into Purchase and Sale Agreement to sell their house, which they are now bound by; 5. That the Board did grant a Variance back on April 9, 1992, and the conditions for which they granted a Variance have not changed. Vote on findings: Aye: Ms . Nightingale, Mr. Bliss, Mr. Glynn, Mr. Jansson and Chairman Mr. Boy. Nay: None . Conclusion: Accordingly, a motion was duly made and seconded that based upon the findings Appeal No 1992-56 for a Variance to the Minimum Lot Area requirements be granted to Lots No. 335-011 & No. 335-012 subject to the following terms and conditions : 3 .ecision•and Notice EIF' ;I� [I: 17-!I 1 J .'� -1 1-1 1 T(I IF;�i' ,ppeal No. 1993-56' 1. That the lot that is unbuilt upon, Lot 012, Map '335, not be further subdivided. 2. This decision dose not grant relief from the petioners responsibility to obtain any relief from nor supersede the authority of the Town of Yarmouth, where portions of the land is located, if, in fact, that-.is warrented. 3. The fact that this Variance is granted to their lots does not preclude, or otherwise exonerate the petioner from obtaining any order of conditions from the Barnstable Conservation Commission and any site improvements in Lot No. 335-012 as. a result of the wetland areas located on the locus. The vote was as follows: Aye: Mr. Bliss, Mr. Glynn, Mr. Jansson, Ms Nightingale, and Richard Boy, Chairman Nay: None Order: The petition for a Variance to the Minimum Lot Area requirements has been granted to Lots No. 335-011 and No. 335-012 subject to the conditions enumerated. Appeals of this decisions, if any, shall be made pursuant to MGL Chapter 40A, Section 17, and shall be filed within Twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant is reminded that this Variance should be recorded with the- Title to both Lots No. 335-011 and No. 335-012. This Variance will expire in one year if not implemented. • • • PARTIES IN INTEREST r A K : R.3) 5 U10. PAR : R 5 5 C13. WILLIAM H. & BARBA SOLLAR KEY: 254218 TAX CODE :100 KEY: 254245 TAX CODE : IGO No. 1993-56 MASLEN, EARBARA W SHEEHAN , JCNN D & EERNA .s� 128 AUGUSTA NATIONAL DR YARMOUTHFORT �� P C 3CX 4CS MA 02675-0000 CUMMAGLID MA 02637-000C AR : R355 016. PAR: R355 014. EY : 254272 TAX CODE : 100 r� KEY: 254254 TAX CODE:100 PAR : R255 015. �iKEY: 254263 TAX CODE : 100 DAMS, DOUGLAS P & BRENDA J BRINK,MEDINAH DR .i. BRINK, JAMES A TR 8 EARLS , FRANCIS X 3 HELENA A rn 01 LEGGAT, RICHARD D TR ARMOUTH'PORT MA 32675-0000 56 AUGUSTA RATIONAL DRIVE Lo JF TUFTS TR A&D/.HALE & DORR rIJ 60 STATE ST YARMCUTHPCRT MA 02675-0000 �' BOSTON MA 0211;9-0000 cs' AR: R355 007. 'T' 'Q� PAR: R355 OGB.EY : 254133 TAX CODE : 100 '.� KEY: 254192 TAX CODE :IGG PAR : R255 009. E'- J & KEY : 254209 TAX CODE : 100 4MPSUN, ARA BARBARA I � i AUGUSTA AA & BA ERNST, RICHARD & ROBERT. 'TR 7525 GULF STREAM BLVD 119T0UG FRANK H & ALRIRN G L 1RMOUTNPT MA 02675-0000 MARATHONA6USTA NATIONAL DRIVE FL 33050-0000 YARMOUTH PCRT MA 02675-0000 R : R356 018. PAR: R356 019. Y = 254450 TAX CODE: IOC KEY: 254469 TAX CODE : 100 PAR : R356 02C. KEY : 254478 TAX CODE : 100 EEFE, THOMAS JR g EEFE, ANNETTE TILLMAN, EDNA V MCKENNA , JCHN I & COROTHY I 7 AUGUSTA NTNL DR 144 AUGUSTA NAIL DR BOX 376 AUG O YARMOUTHFORT MA 02675-0000 MA 02637-0000 CUMMAGLID MA 02637-000G R : R355 0u5. PAR : k355 006. r = 254165 TAX CODE : IOC KEY : 254174 TAX CODE :100 PAR : R349 024. KEY: 2515C5 TAX CODE : 100 JRNE, DAVID A & CROWDER, OIANA L UCKMAN, . JOANNE 3 TRS C/O DIANA L VARJABEDIAN COREY , ELZ E T 3 I 4 MIDPINE RD 80X 110 COREY , A� TH M 266 MIDPINE RD RMOUTHPORT MA 02675-0000 YARMOUTHFORT MA C2675-0000 YARMOUTTHPTc RD . MA 02675-000C z. . . 1J Bernice Jasper, Trustee Jane B. Poor Berkshire Realty Trust 76 Augusta National Drive 2 Martin Street Yarmouth Port, MA 02674 Newport, R.I. 02840 • Map 91 , Lot P144A co Map 91, Lot C118A � I James T. and Diane M. Reimer • coGrace Daly 26 Medinah Drive • 0.1 61 Congressional Drive Yarmouthport, MA 02675 Yarmouthport, MA 02675 Map 91 , Lot P144B .' , Map 91, C118B Paul G. and Clara H. Douglas Warren J. and Helen M. Allan 42 Medinah Drive 43 Medinah Drive Yarmouthport, MA 02675 Yarmouthport, MA 02675 Map 91 , Lot P145A Map 91, Lot P146 Antonio J. and Pauline L. Chaves Douglas P. and Brenda J. Adams P.O. Box 596 27 Medinah Drive West Yarmouth, MA 02675 Yarmouthport , MA 02675 Lot 91, Lot C119A Map 91 , Lot P147 BP •U8f 96-0127 83-11-18 1 :42 #706E;2 • • HARTRANFT, EDWIN A. and • HARTRANFT, TERESA M. 224 MIDPINE ROAD YARMOUTHPORT, MA 02675 Map 355, Lot 004 • • 1 Aux,. Ay_ OF APPEALS BP:088 {6—I_I 128 S3-1 1-1- 1 :42 W I I_IEE 2 .. LIC HEARING THE ZONING ORDINANCE • G OF OCTOBER 14,1993 sII-persons deemed interested or af- by the Board of Appeals, under Sec. 11 of hap.40A of General Laws of the Commonwealth of MasSiehu'cn+c and all amendments thereto,you arc hereby notified that ':: APPEALNO.,1993-55 • 7:45 P.M. George A.Velardi has petitioned to the Barnstable Zoning Board ofAppcaisfor . • 'a$peciai-PrrmivvnderScction 4-.1•(3) (D)of the Zoning Ordinance,to allow a Conditional UseFamily.Apartment at Assessor's map 166,Lot 14,commonly .known'it'151-Sturbridge Drive,Oster- viile, Massachusetts.located in an RC Zoning'District �.. . . A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 7:45 P.M. APPEAL NO.:1993-56'•+- .:8:00 P.M. . WlIlia 1,H:.and.Batbera B.Sager have appealed to the Barnstable Zoning Board of Appeals for aV.ariance under Section 3-1:1(5).Bulk Regulations:' Minimu ni • Lot Area:to allow two undersized lots to be considered buildable at Assessor's map 355,Lots 11 and 12,com monlyknown as Lots 136. and 137, Augusta National :Drive;.Yarmouthpott. Massachusetts, located in an FR-2 District A PUBLIC HEARING WILL BEHELD • ON THIS PETITION AT 8:03 P.M. . • APPEALNO.1993-57 8:15 P.M. :Ryan Amusement Co.,Inc.'d/b/a•Ryan .Family Amusement has petitioned to the Barnstable Zoning Board ofAppeaLs for aSpecial Permit under Section 3-3:1(3) •..(8)of thezoning Ordinance as it applies •tocoin-ooperatedamusements.The sub- .jest site of this appeal is within the Cape -Cod Mall (Space W 101), Route 132, .•Hyannis,Massachusetts,Assessor's Map 293, Pared 24: The parcel is zoned Business B District- .. .. A PUBLIC HEARING WILL BEHELD ON.THIS.PETTTION AT 8:15 P-h1. • • APPEAL NO.1993-58 8:30 P.M. Jeffrey Cuccia has appealed to Me Zon- iag Board of Appeals for a Variance under.Seetion•:3-1:4(5) of the Zoning Ordinance,Bulk Regulations,Minimum Yard Glh.•rt-s;to add a two-car garage and additional bedroom.encroaching into the side yard setback.at Map 251. Lot 129,commonly known as 260 Longview Drive,Centerville,Massachusetts,in an RC-1 Zoning District A PUBLIC HEARING WILL BE HELD ON THIS PETITION AT 8:30 P.M. 74CC These bearings will be held in the Second 7,; Floor Hearing Room.New Town Hall, 367 Main Street, Hyannis. Massachu- U y.. setts on Thursday evening,October 14, `� \ >)v' RICHARD L BOY,CHAIRMAN ZONING BOARD OF APPEALS 7jY 0.9 The Barnstable Patrioti September 30&October 7, 1993 BARNSTABLE REGISTRY OF DEEDS • 614A{) . 4b1 >o ° TOWN OF BARNSTABLE i seEasTAHL = N : MASSACHUSETTS es'O MAY 0� Solid Fuel Stove Permit DATE OF APPLICATION IAvU' 1 J ^ (Q q 3 FIRE DEPT. ISSUING PERMIT ---;c atiffle4.., 4-� L- 1 p(owner) N NAME NAME (Installer) ADDRESS \ l -1 e-to 5 L\k-- (-- b gs• ADDRESS S A-o/�E. STOVE TYPE 1'"e-Y`61--) 4- CHIMNEY: NEW EXISTING ✓ Manufacturer kc2-e- P L 6- �'.--) E(a-` • CHIMNEY: Masonry V Mass. Approval Lq 7 9 CHIMNEY: Metal b This is to certify that the above installer has permission t 'ns l a soi uel burning appliance at the listed address in accordance with an application on file with the20/1/0 f Fire Department, and subject to the provisions of the Commonwealth of Massachusetts State Building Code and regulations made under the authority thereof. 1.,/,„9 ,,,. .... , I ,) , //W,---1, Issued BY: Title Date Permit to install expires 60 days after issue date Stove Stove Clearance Floor k3 -i. , �', Smoke Pipe Smoke Pipe Clearance 3 Chimney . Smoke Detector PI The undersigned hereby certifi th t the installation of solid fuel burning stove and equipment made under au- thority of permit dated // 76— has been made in accordance with provisions of the Commonwealth of Massachusetts State Building Code now currently in effect and pertaining thereto ....(R . . Installer 41/ �// INSTALLATION APPROVED .....// �� By: Title ".'' ' �`'*' date WHITE: FIRE DEPARTMENT — CANARY: BUILDING INSPECTOR — PINK: APPLICANT T3 3 Town of Barnstable Zoning Board of Appeals %17 Variance .J •11,' Decision and Notice Summary Appeal No. 1992-17 Applicant: William & Barbara Soller Address 112 Augusta National Dr., Yarmouthport, MA 02675 Property Location: L112 Augusta National_Dr.,_ Cummaquid MA,,' Assessor's Map/Parcel 3357,0.12 &"=3357011/ Zoning: RF2 - Residential F-2 District Property Owner: William & Barbara Soller Address of owner 112 Augusta National Dr., Yarmouthport, MA 02675 Variance Request: Section 3-1.1(5) Bulk Regulations, Minimum Lot size Activity Request: To permit the existence of two (2) undersize lots, shown as Assessors Map & Lot Numbers 335/012 and 335/011, and to permit the undeveloped lot #335/012 to be considered buildable. Procedural Provisions: Section 5-3.2 (3) Variances Background: This decision concerns the petition submitted by William & Barbara Soller requesting that two adjoining lots, shown on the 1991 Assessors Maps as Lots No. 335-012 and No. 335-011, each be considered separate buildable lots. Both lots have been owned by the Sollers and in accordance with Section 4-4.5 of the zoning Ordinance are to be considered one for the purpose of development. This situation was created by the fact that in 1977 the area was rezoned to RF-2 and a minimum lot area of 43,560 sq.ft. was required for the District (previous lot minimum was 20,000 sq.ft.) . The two lots were held in common . ownership and are adjoining and within the same zoning district. Eight years have elapse from the time of the zoning change and in accordance with the Zoning Ordinance are today considered one (1) for the purpose of development. Lot area identified as No. 335-011 is developed with a single family home that is the principal residence of the sollers. The history of this situation dates to 1969 and the creation of the Subdivision entitled "subdivision Plan of Land in Barnstable and Yarmouth for Cummaquid Realty Trust", filed May 15, 1969 with the Barnstable County Register of Deeds. This plan encompassed lands located both within the towns of Barnstable and Yarmouth, MA. The Sollers purchased two lots recorded in April 1971 and identified as subdivision lot #136 and #135 (today Assessors Map & Parcel No. 335-011 and No. 335-010 respectfully) . The expressed intent of the two lot purchase was to develop one lot as the Sollers primary residents and to hold the second as a financial asset for their later retirement. Deisioa and Notice Appeal No. 1992-17 In October 1975, the Sollers traded Lot No. 335-010 for Lot No. 335-012, again an adjacent lot located south of the developed Lot No. 335-011. This trade was made to accommodate neighbors and yet retain a lot for future financial security. At this point in time both lots were developable. A 1977 Zoning Amendment created the RF-2 District and set the minimum lot area for the District at one (1) acre. In accordance with the Zoning Ordinance, in those cases were existing lots under common ownership were adjoining, eight additional years are granted before those lots would be united and considered as one for development purposes. In 1992 it became apparent to the Sollers that the additional lot they intended to sell as part of their retirement needs has been united with the adjacent developed lot, and both lots must be sold as one. The sollers wish to continue their retirement in a retirement community in order to assure care and enjoyment. The additional lot and its sales as a separate developable lot would provide the economic means for the Sollers to realize this desire. From information submitted, the Norton & Co. Realtors have estimated that the additional separate buildable lot may increase the value of the property some $65,000. Procedural Summary: The application was filed in the office of the Town Clerk and at the Zoning Board of Appeals office on March 23, 1992. A public hearing, duly noticed under MGL Chapter 40-A was held on April 09, 1992 at the School Administration Building and closed on that day. The petition was heard by Board Members; Richard Boy, Ron Jansson, Gail Nightingale, Gene Burman and Dexter Bliss, Chairman. William & Barbara Soller represented themselves before the Board and presented their case. Mr. Soller gave the history behind the purchase and trade of the lots. He also presented copies to the file of relevant materials including; 1. copy of the April 01, 1971 deed, which acquired lot No. 335-011, 2. copy of the April 02, 1971 deed which acquired lot No. 335-010, 3. copy of the Oct 06, 1975 deed, documenting the transfer of Lot No. 335-012 to the Sollers for compensation of parcel No. 335-010, 4. ' the Norton March 11, 1992 letter estimating the value of the property, and 5. letters from Helena A Earls, Helen .& Warren Allan, Steve Britton, and Thomas F. O'Keefe, Jr. neighboring property owners supporting this request for this Variance It is important to note that the lots involved in this case are located partly within both the towns of Barnstable and Yarmouth, MA. Mr. Soller stated that the real estate taxes for the assessed improvements on the lot (his house) are only paid to the Town of Barnstable even though part of the house is in Yarmouth. Taxes on the assessed land value are paid to both towns. , All the other lots in the neighborhood are less than one acre and are developed. Mr. Soller further explained it would be a financial hardship if the lot could not be sold separately. Decisidh and Notice Appeal No. 1992-17 Barbara Maslin and Dorthea Fricke, abutters, spoke in favor of the petition and no one spoke in opposition of this petition. Chairman Bliss read into the record letters from the four abutters delivered to the Board and supporting the granting of this Variance. The Board was also provided with case reviews from the Planning Department and the Conservation Administrator. The Conservation Administrator was concerned that the Sollers understood that the property being adjacent to Long Pond (in Yarmouth) would still require conservation approval of all development activities within 100 feet of the fringe of the wetlands. After reviewing the information, the Board became concerned about the jurisdiction over this parcel, given that the Town Line runs directly across the parcels involved. For Lot No. 335-012, 0.41 acres lies within Barnstable and 0.39 lies within the Town of Yarmouth. For Lot No. 335-011, the developed lot, 0.30 acres lies in Barnstable and 0.44 acres lies within Yarmouth. It was noted that access and frontage to the lot is from Augusta National Drive, which is solely within the Town of Barnstable and that the subdivision which created this lot was approved by the Town of Barnstable Planning Board. Finding of Fact: Based upon the evidence submitted and testimony given, at the meeting of April 09, 1992, the Zoning Board of Appeals unanimously finds, as follows: 1. The petitioner initially acquired two lots of land during 1971, but one of the lots in issue today was subsequently acquired in separate transaction in 1975. Since 1975, both lots has been assessed separately. 2. All the remaining lots in this area of the Town have been built upon and are all basically of the same size and dimensions of the lots in issue. 3. The Requirements of Section 5-3.2 (3) to permit a variance have been met in that: a. The sites topography, lot location and extent of development, creates a unique situation. Lot No. 335-012 is the only lot not built upon within the neighborhood, it has sloping topography to the pond, is abutted by developed property, a public way and Long Pond itself. b. The lots have no possible area from which to acquire additional land to bring it into greater conformity. The two lots combined (No. 335-012 and No. 335-011) would create a lot area of 1.54 acres, and would constitute the largest residential lot within the subdivision. This situation is unique to these two lots and does not affect the Zoning District. c. A real financial hardship has been established in the fact that the denial of the relief could represent a loss of $65,000 to the petitioners. d. Allowing lot No. 335-012 to be a utilized as separate buildable lot, would not be in derogation of spirit and intent of Zoning Ordinance, nor would it be in derogation of, or detrimental to, the neighborhood affected given that all surrounding lots are approximately 3/4 of an acre and are developed. Dobision and Notice Appeal No. 1992-17 Conclusion: Accordingly, a motion was duly made and seconded that based upon the findings Appeal No 1992-17 for a Variance to the Minimum Lot Area requirements be granted to Lots No.` 335-011 & No. 335-012 subject to the following terms and conditions: 1. That the lot not be further subdivided. 2. This decision dose not grant relief from neighboring jurisdiction nor supersede that authority of the town of Yarmouth. 3. The fact that Variance is granted to their lots does not mitigate any order of conditions from the Barnstable Conservation Commission and any site improvements in Lot No. 335-012 must be 100 feet from the fringe of the wetlands of Long Pond. The vote was as follows: Aye: Richard Boy, Ron Jansson, Gail Nightingale, Gene Burman and Dexter Bliss, Chairman Nay: None Order: The petition for a Variance to the Minimum Lot Area requirements has been granted to Lots No. 335-011 and No. 335-012 subject to the conditions enumerated. Appeals of this decisions, if any, shall be made pursuant to MGL Chapter 40A, Section 17, and shall be filed within.Twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant is reminded that this Variance should be recorded with the Title to both Lots No. 335-011 and No. 335-012. This Variance will expire in one year if not implemented.