HomeMy WebLinkAboutPublic Comment from Mitchell in Opposition1
Ziino, Genevey
Subject:FW: Appeal 3 2024-022 - Wed. 06/26 meeting exhibits
Attachments:sketched in plot plan.pdf; Cape House Pictures.docx; DOHERTY TO DOHERTY DEED
PROPERTY B 1957.pdf; MITCHELL DEED 42 WOOBBURY PREVIOUSLY 17 WOODBURY
7.31.98.pdf; WOODBURY DEED REFERENCING RIGHT OF WAY.pdf; MARROGUIN 42
WOODBURY DEED BOOK 35296 PAGE 265 8.8.2022.pdf
From: Lisa Mitchell <LMitchell@radiofrequency.com>
Sent: Thursday, June 20, 2024 5:04 PM
To: Brigham, Anna <Anna.Brigham@town.barnstable.ma.us>
Subject: Appeal 3 2024-022 - Wed. 06/26 meeting exhibits
06/20/2024
The Mitchell Family intends to oppose vigorously this zoning appeal and have contacted a Cape lawyer to discuss our
legal options as we feel this is an egregious misuse of the property that will adversely affect our own use of our own
property and property value.
The issues I want to stress are:
1. that this is not a road that runs along the outside edge of our property – it is a shared driveway. I added an arrow
to one of the pictures to depict the land we own on the opposite side of the driveway. We maintain the land on the
opposite side and use that portion, opposite our front door, for parking.
2. Also, what they propose as an “accessory building” is a 3-bedroom home and not an accessory building.
The definition I got of accessory building: “Accessory building” means a building which is subordinate to the
principal building, and is incidental to the use of the principal building on the same lot. Examples include sheds,
shops, garages, greenhouses and barns.” I believe under the description of what’s allowed for an ADU only
allows for at most a 2-bedroom, only allows for 900sqft (larger would require a variance) and that one of the
dwellings must be occupied by the owner. As far as we have been able to ascertain Mr. Marroquin does not live
on the property, but has an address on Nantucket. My understanding is that he could not rent (or even allow the
buildings to be used rent free) if he didn’t occupy one of them. I have gone over to the house on mor than one
occasion to discuss with him problems we’ve had with drivers over the property being way to fast and that the
driveway and have only been given a phone to try to call him by the “baby-sitter”. He has also graveled over the
entire driveway when we were away from the property and after we had previously said no.
Lisa Mitchell – daughter of Lorraine Mitchell and executor of trust
44 Woodbury Ave
Hyannis Ma