HomeMy WebLinkAboutPlanner Memo Lot 6 Release Request 110218 w attach
T O W N O F Y A R M O U T H
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492
Telephone (508) 398-2231, Ext. 1276, Fax (508) 398-2365
MEMORANDUM
To: Planning Board
From: Kathy Williams, Town Planner
Date: November 2, 2018
Subject: Request for Covenant Lot Release
Lot 6 (28 Saturn Lane) Definitive Subdivision #1833
Attorney Anthony Mazzeo, representing the current owners of 28 Saturn Lane, has requested a
release of their property identified as Lot #6 on Definitive Subdivision #1833. The owner is
looking to sell the property.
Based on a research of the Subdivision files and a review of the records at the Barnstable
Registry of Deeds, it would appear that all of the 18 lots created by this subdivision (see attached
plan) were released from the Covenant in 1966 and 1967, except for Lot #6. Based on the
attached correspondence from then Town Engineer, John L. Newton, the portion of Saturn Lane
fronting on Lot 5 (which also fronts on Lot 6) was satisfactorily completed in 1967 and Lot 5
was subsequently released as requested. Due to an oversight, the release for Lot 6 was never
requested nor given. There is currently a house located on the property and adequate road access
was confirmed by the Town Engineer when the road was completed in 1967.
Planner Suggestion: Motion to Release Lot #6 (28 Saturn Lane) from the Covenant for
Definitive Subdivision Plan #1833.
Should the Board authorize release of this Lot, a formal Lot Release document will need to be
signed by the Planning Board Chairman and notarized prior to issuance for recording at the
Barnstable Registry of Deeds.
ATTACHMENTS
October 23, 2018 Letter from Pizzuti & Mazzeo Attorneys
Definitive Subdivision #1833, approved December 15, 1965
June 22, 1966 Letter from Town Engineer John Newton (see Note at bottom of letter)
January 18, 1967 Letter from John Newton Certifying Portion of Saturn Lane fronting on Lot 5
Planning
Division