HomeMy WebLinkAbout121 Town Brook Rd Letters from J. Brandolini121 Town Brook Road Letters from
James D. Brandolini
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1146 Route 241
508-398-223t.
Office of the
January 21, 2021
Veto Solornini Realty Trust
196 Rockingham Road
Londonderry, NIA 03 053 -2129
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Re: Lot Inquiry 121 Town Brook Road 45/87
Dear Mr. Solomini:
I have completed the review of the Lot Inquiry dated January 7, 2021 for parcel 87, shown on
Assessors Map 45, 121 Town Brook Rd. My findings and comments are as follows:
-The lot was created by an Approval Not Required Under the Subdivision Control Laws Plan on
February 8, 1972, and appears as Lot A-2.
-According to this plane, the lot contains 33,287 square feet of land area and 308.32 feet of
frontage.
-At the thne the plan was endorsed by the Planning Board, a minimum of 20,000 Square feet of
land area was required for residential lots for the zone in which this parcel Iles. Therefore, the lot
was conforming at that. time.
-The lot became non -conforming on January 7, 1987, when the minimum lot size for this zone
increasedto 40,000 square feet.
-In determining whether a parcel of land is protected (grandfathored) we must review the
ownership history of the lot in question and adjoining lots from the time the lot became non-
confonning, or June 1. 1296. This June 1, 1996 date affords a-Z owner alternate lot protection,
pursuant to Zoning Bylaw Section 104.3.4, para. 5, by essentially .setting the clock forward from
the non -conforming date to 1996.
02/18/2021 12A MA FAX IG035370200 s s metals recycling QJOoO3/0403
Page 2 --Re; 121 Town Brook Road Lot inquiry Determination
-Based on the Assessors' records, I•find the following:
121 Town Brook Road parcel 87 (lot A-2)
*4/9/81-6/4/99, owned by Robert Balzer (in separate ownership frOm109 Town Brook Rd.)
*6/4/99-present, parcel was conveyed to Veto Solomini (in common ownership with 109 Town
Brook Rd.)
109 Town Brook Road parcel 86 (lot A-1)
*7/7/81-11/1/00, owned by Ruth Welch (in separate ownership from 121 Town Brook Rd.)
'11 I/l/00-4/28/03, owned by Veto J. Solomini, TR (in common ownership with 121 Town
Brook Rd.)
*4/28/03-present, owned by Veto Solomini (in common ownership with 121 Town Brook Rd.)
Summary
Parcel 87 was held in separate ownership from adjoining parcel 86 when the parcel became
non -conforming on January 7,1987 and on the extended date of June 1,1996. It then fell
into common ownership when parcel 86,109 Town Brook Rd was purchased under Veto I
Solomini, TR an. November 11, 2000 and April 28, 2003, under Veto Solomint. The lot in
question would have had to been held In common ownership prior to the 1996 eld-off date to
qualify for protection.
Accordingly, Parcel 87, 121 Town Brook Road unfortunately is not afforded protected as per
MGL Chapter 40A, Section 6, nor the Town of Yarmouth Zoning Bylaw. Section 104.3.4, pare. 3
or S. However, you do have the option to seek a Variance with the Zoning Board of Appeals for
the current minimum land area requiremolit of 40,000 square feet.
Very truly,
amen D. Brandolini,
Deputy Building Commissioner
cc: Building Commissioner Mark Grylls
TOWN OF YARMOUTH
1146 Route 2�, South Yarmouth,. NIA 02664
508-398-2231 ext. 1261 Fax 508-398-0836
Office of the 1-nilding Commissioner
May 19, 2021
Attorney Paul Tardif
490 Main Street
Yarmouth Port, MA 02675
Re: 121 Town Brook Road, West Yarmouth
Map 45, Parcel 81
Dear Attorney Tardif:
This is to serve as a follow up your March 10, 2021 letter, concerning a parcel of land located at 121 Town Brook
Rd. West Yarmouth and shown on Assessors' Map 45 as Parcel 87. That letter was in response to a Lot
Determination made January 21, 2021, in which this department determined the parcel in question was not
protectedlgrandfathered, for zoning purposes.
Subsequent to receiving your letter; you, Building Commissioner Mark Grylls and I met to discuss the basis and
criteria for this determination. It was agreed this department would request a legal opinion from Town Counsel;,
Jason R. Talerman. That request was submitted on April 7, 2021 and his response was received on May 18, 2021.
The following is an outline of Attorney Talerman's remarks and opinions:
-Based on the language of Zoning Bylaw Section 104.3.4, Para. 2 it can be implied from its language that the intent,
was to protect lots held in commonly ownership as of the date that the zoning in question was adopted. This
interpretation is most consistent with the statute (MGL 40A, Section 6). If it was not read this way, it would make
Section 104.3.4, Para. 5, meaningless.
-Section 104.3.4, Para. 5 is extraordinarily generous and allows a large class of commonly held lots to regain zoning
rights, but as you stated (Building Dept,), it requires that the lots already be in common oWnership,as of 1996.
-Reading Para. 2 and 5 together, yields the only logical result, that Para. 2, only protects from pre -combined lots and
that Para. 5 may provide protection for post -combined lots, provided they were combined prior to 1996.
Accordingly, based on the detail of this department's determination of January 21, 2021 and Town Counsel Jason R.
Talerman's legal opinion, the January 21, 2021 determination, stands. You have the right to appeal this decision
within thirty (30) days, pursuant to the provisions of MGL Chapter 40A, Sections 8 and 15. You also have the right
to apply for a variance from the minimum lot size provision, proscribed in Zoning Bylaw Table 203 , 5, R-40 Zoning
District.
Su 'tted'
ames.D. Brandolini,
Deputy Building Commissioner
cc: Mark GryM, Building Commissioner
TOWN OF Y.At.RMOUTH
1146 Route 2A, South "Yarmotith, MA 02664.
508=398-2231 ext. 1261 Fax 508-398-0836
Office of the Building Commissioner
May 27, 2021
Attorney Paul Tardif
490 Main Street
Yarmouth Port, MA 02675
Re: 121 Town Brook Rd. West Yarmouth
Map 45, Parcel 87, fonnerly Parcel S3 aka Lot A2
Dear Attorney Tardif:
As per our phone conversation of Friday May 21, 2021, concerning the status of Parcel 87, shown on Assessors Map 45, aka Lot
S3, please be advised that I have performed a review of the Board of Appeals files for this property. My findings and comments
are as follows:
-There have been several Petitions filed with the Board; some relating to 109 Town Brook Rd & others relating to 121 'Town
Brook Rd.
*Petition No. 632, 1962
* Petition No. 1098, March 9, 1972 Re: Parcel S2, Lot Al (109 Town Brook Rd)
* Petition No. 1210, June 28, 1973 Re: Parcel S3, Lot A2
* Petition No. 1453, December 8, 1977 Re: Parcel S3, Lot A2, (121 Town Brook Rd)
-The Petitions that seem to be most germane to the issue of protection of Lot A2, appear to be Petitions 1098 and Petition No.
1453. Petition No. 1098 cites Parcel S2, which is 109 Town Brook Rd. However, the decision makes reference to Parcel (lots)
Al & A and states "variance" "to allow g steel building to be erected on each of these lots.". However, the associated plan
depicts one proposed building on lot A2 (109 Town Brook Rd), only. Based on this we conchide the Variance was issued for
one biildhrg to be Incased on Iot A2, 109 Town Brook Rd,
-Petition No. 1453 cites Parcel S3, (lot A2), 121 Town Brook Rd. The decision states "variance to allow ilia constriction of a
building"_ The associated plan depicts a proposed 6,000 Sq. Ft. building on lot A2, Parcel S3. It appears that building was not
constructed, based on the Assessors records, therefore, the Variance does not appear to have been exercised. However, the
determining factor as to whether the variance was lost is based on the year the Town of Yarmouth adopted the "new M.G.L.
Chapter 40A", so called. The reason this is so important is because the "old 40A", so called, contained no date certain to
exercise. Note: the granting and working of this petition has bearing on our conclusion of Petition No 1098. If the Board
intended to grant a variance for both lots, there would have been no need for Petition No. 1453.
Finally, if it can be demonstrated the variance was issued under the "old 40A", the variance can'still be exercised, in my opinion
and that a compliant single family structure maybe constructed; but again the determining factor is the date the Town adopted
the new 40A.
"r1 f
Vyry truly, n .
/g3
/lames D. 13randolini,
Deputy Building Commissioner
cc: Mark Grylls, Building Commissioner