HomeMy WebLinkAbout72 CrosbyBraudy,Bentley S.Feingold,P.C.
Counsellors sc Law
Salwyn I.Brsudy (1 939-1 979]
John C-Bencley,Jr.
Robert B.Feingold
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521 -525 Olympia Building
BS6 Purchase Screat
New Bedford,Massachuseccs 03740
C51 7]S9S-5SOa
August 29,1983
Crosby Yacht Yard,Inc.
72 Crosby Circle
Osterville,Mass,02655
ATTENTION:Richard Egan
Re:FLOATING DOCKS/NORTH BAY
Dear Mr.Egan:
Please be advised that this office represents John C. Bentley, the owner of the property
at the southerly corner of the intersection of Bridge Street and Cockachoiset Lane.We have
also been consulted by various other neighbors in the immediate neighborhood.
it has come to our client's attention that you are in the process of constructing various
floating docks which you intend to locate at the end of Cockachoiset Lane. We have heard
nothing as to your proposed access to these docks and we felt it advisable to inform you of our
client's position.
First, with respect to your rights to use Cockachoiset Lane for purposes of access to these
floating docks (which we feel constitute a marina),we are in the process of ekamining the title.
Please note that we do not feel that you have the right to use the Lane for access for marina
purposes based upon the easements which have existed for some period of time.We are not certain
of this position but wish to advise you in advance of our doubts as to your rights. Please do not
interpret our silence as an acquiescence in your right to use the Lane.
You have indicated to our client's wife that you intend to pave the Lane. Please be
advised that it is the position of this office that you have no right to pave said Lane.
Further,should you intend to use said Lane for access to your marina,it is the positionof
this office that the use of the Lane will be in violation of the Barnstable Zoning By-Laws.I
would point out to you that Cockachoiset Lane is a private wayand is thus subject to the
restrictions of the zoning by-laws.Further, I would point out that the portion of the Lane
starting from Bridge Street and traveling west to the easterly boundary of Peak's Drive is zoning
residential.Accordingly,any use of this portion of the property would constitute the dedication
of that portion of the Lane to non-residential use. I would refer you to the case of Harrison vs.
Crosby Yacht Yard,Inc.-2-August 29,1983
Building Inspector of Breiintree,215 NE2nd,773.
We acknowledge that the use by Crosby Yacht Building and Storage of the Lane after the
adoption of zoning constituted a prior,non-conforming use. However, it is the position of this
office that the increased usage of the Lane is far in excess of that existing at the time zoning
was adopted.Should youattempt to useCockachoiset Lane for access to yourmarina, it is the
position of this office that such use would constitute a new use and would constitute a zoning
violation.
Please note that v/e have no objections to your developing your property to its highest
and best use.However,we feel that Cockachoiset Lane is inadequate to support the amountof
traffic which your use would expose it to.It would also substantially change the characteristic
of the neighborhood through which it passes. Any attempt to use Cockachoiset Lane will be
strongly resisted.
Yours very truly,
BRAUDY,BENTLEY &FEIN GOLD,P.C.
JCB/sj
Ml 52
CERTIFIED MAIL P474 748 411
ETUBM RECEIPT REQUESTED
JOHN C.BENTLEY,JR.
/
/ccc:Building Inspector,Town of Bornstoble,367 Main St.,Hyonnis,Moss.02601
cc:JohnC.Bentle/,30 Bridge Street,Osterville,Mass.02655