HomeMy WebLinkAboutSTONE & REID LETTER 3
STONE & REID RECEIVED
ATTORNEYS AT LAW APR 2 8 2022
A l'IZOI'L.SSIONAI.ASSOCIATION *
SOUTH YARMOUTH PROFESSIONAL BUILDING BUILDING DEPARTMENT
1292 ROUTE 28 SOUTH YARMOUTH, MA 02664-4452 By:
TEL. (508) 394-5648 FAX (508) 398-1699
DAVID S. REID, ESQ. MICIIAI-iL F. STONE, ESQ.
DSReid@verizon.net MFStoneEsq@comcast.net
April 25, 2022
Mr. Mark Grylls
Building Commissioner
Yarmouth Town Hall
1146 Route 28
South Yarmouth MA 02664
RE: #19-26 Bass River Terrace
Dear Commissioner Grylls,
I have been asked to determine the buildability of#19-26 Bass River Terrace, South
Yarmouth. I understand that your office is no longer giving advisory opinions on the status of
vacant lots. It is my opinion that this property should be buildable for at least one residence,but
since it has been the subject of previous actions by the Town, I felt it prudent to at least discuss
with you my analysis and that background.
There are 5 parcels adjoining each other , in a row(wrapping around the cul de sac), on
Bass River Terrace. They appear as assessors parcels 42.152, 42.153, 42.154, 42.155 and 42.156.
and as lots 5-9 on the Land Court Plan#13018-A. The lots were created in a pre-zoning
subdivision in 1928. These are in common ownership and have been for many years. They range
in size from approximately 20,450 to approximately 13,000 sq ft. Lots 42-152 through 42.154 are
heavily burdened with wetlands.
In 1999, when they were in the R-25 zone, they were the subject of a ZBA application
seeking to reconfigure the five of them into two buildable lots under bylaw section 104.3.5.
However as the ATM was about to re-zone them to RS40, the application was withdrawn. It
appears that this decision was based on the assumption that since there were more than three lots
in common ownership they did not qualify for the three-lot protection, now embodied in section
104.3.4 (2). As we know from the subsequent decision of Marinelli v. Stoughton, in 2003,the
three-lot protection does extend to ownership of more than three lots, provided that only three of
them may claim the grandfathered protection as individually buildable lots. Therefore since lot
42.156 (#26 Bass River Terrace) contains approximately 18,295 square feet of area, and over 50
feet of frontage, it would appear to remain a buildable lot under bylaw section 104.3.4 (2). As for
*Each Attorney in this office is an independent practitioner
who is not responsible for the practice or liabilities of any
other attorney in the office.Rule 7.5(d)
s ( SS=,rS 8 S >N
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the other lots, I am not offering any opinion on how they might be reconfigured at his time. For 1
septic reasons, it might be necessary for some of the adjoining land to be added to #26, 2 .—
depending on the development proposed. Obviously I am not asking you for any determiAation of
Health or Conservation issues. Those would need to be addressed separately.
In 2002, a Lot Inquiry form was submitted for 30 Bass River Terrace by Robert Dunphy. I
do not know what his relationship was with the owners at that time, but presumably he was
seeking to purchase and develop the lot. That inquiry was denied, based on the condition of the
road. ( see enclosed). However, I note that there are presently three other homes on the Terrace,
the cul de sac appears to be fully cleared and graded, and there is a fire hydrant at the end of the
cul de sac. A letter of Water Availability had been issued in 1999 in the earlier zoning
application. I am not sure why this negative determination was made at that time. Perhaps other
work has been done to the road since then. But as a road predating subdivision control, it would
appear to qualify as frontage providing safe and adequate access to the site.
So, at this time, I would welcome the opportunity to speak with you about this property,
to get any feedback that you might offer on at least the buildability of lot 42.156 or the land in
general.
Ve uco
David S. Reid
*Each Attorney in this office is an independent practitioner
who is not responsible for the practice or liabilities of any
other attorney in the office.Rule 7.5(d)
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TOWN OF YARMOUTH
BOARD OF APPEALS (,�
DECISION R E C E IV1 D ` v
o •ft.l y•
•iN�NATTA � �. � •99 MAY 26 Al :59
% A"rd CIF
1 NN CLERK it TREA .L'i ,
FILED WITH TOWN CLERK: May 25, 1999
PETITION NO: #3535
HEARING DATE: April 8, 1999 and May 13, 1999
PETITIONER: Davenport Realty Trust,DeWitt P. Davenport, Trustee
PROPERTY: 19-30 Bass River Terrace, South Yarmouth, MA
Map: 42 Parcel: 152 thru 156 Zoning District: R25
MEMBERS PRESENT AND VOTING: David Reid, Chairman, James Robertson, John
Richards, Joseph Sarnosky, Diane Moudouris, Richard St. George non-voting alternate.
It appearing that notice of said hearing has been given by sending notice thereof to the petitioner
' and all those owners of property deemed by the Board to be affected thereby,and to the public by
• posting notice of the hearing and published in The Register, the hearing was opened and held on
the date stated above.
The petitioners seeks a Special Permit per bylaw§104.3.5 in order to reconfigure five(5)existing
non-conforming lots, in order to assemble two (2)residential lots.
The petitioner was represented at the hearing by Mr. DeWitt Davenport.
The petitioner proposes to purchase five (5) existing non-conforming lots,and recombine them so
as to make two (2) buildable residential lots. The properties are now in common ownership, and
are shown on a 1928 subdivision plan. The roadway consists of an unpaved but cleared dirt road.
The petitioner's proposed recombination is shown on its proposed plan, filed with the Board.
During the course of the proceeding, the Board had questions as to whether Lot 9 was presently a
buildable lot, and about the status of the way. It was also noted by the Board and petitioner that a
bylaw amendment was pending before the upcoming Town Meeting, which, if passed, would
apply to the property and would render the petitioner unable to meet the Special Permit
requirements for the relief sought. In order to allow the petitioner to gather information to
respond to the Board's concerns, and to deterniine the result of Town Meeting, the Board voted
to continue this matter for further hearing on May 13, 1999. At that time the Board reconvened,
as scheduled. It was reported that the Town Meeting had passed the article which increased the
zoning for this land from 25,000 sq. ft. to 40,000 sq. ft.. It is the understanding of the Board that
this amendment would apply to this project. Accordingly, the petitioner would not appear to be
able to meet the Special Permit criteria.
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. •
`r A letter was received from the petitioner requesting that the petition be withdrawn, without
prejudice.
A motion was made by Mr. Richards, seconded by Mr. Robertson, to allow the petition to be
withdrawn, without prejudice, as requested. The Board voted unanimously in favor of this
motion.
David S.Reid, Clerk
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LOCUS MAP
P�L:9' Ja
gorbar0 B. Smith r TnRoS' ' esn 3jh E� J R no23p32A 6'
1� NA CIC
on
r''� Seal, I In.•2000 ff.
Yves L J Morrisette ITS
R; OW _ 7z.gq.
199.25' �i•o
- 303.25' " tu
—�—� 104.00' ° c Seale,
J Rubor,
II f= y
Lote18 °
N. L \:61 Acres,. R Areo•18,833 sq.
ft.t
v.
Arthur R.Selvitello °t a63sgtl- 'O• ^ 0.432Acres_
UPIOnd Afeo`25-26s•.ft'0. '6A�R sees zow 15,
ui6 *<• q e David R. White,MLx.
Wetland A 3B9sq•fi.'-1.54 off / -
M
. Totol We°= 00 3,14
. • /ro°j- a b
M ' ���`� w NOTES:
Mary • 3 i i I wI G T of Yarmouth Aaeessor4 Mop 42,
n Parcels'152.153.154,155 a 156,
_ 2.Zoning Cloeslfleafiom RS-25.
I� --- 130.50' --,I 3Traverse Data.
— _ Errories...NW 42'35•W-0.01 ft,
— 5 90• 00' 00' W reision CI Port In 40,117
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_ EDM Accuracy exceeds
.m -� ""1 4.Frontage and Area requirements
o Rt. ° m W I I- ,„_ 13. Sec.104.35
. `^,QI I c .r Yormouth Zoning By-Law
-
-. l II Gele E. Ambrose Gale E. Ambrose RS-25 75x
aMinimum
4 •0 Lot Sire 25000 18750
a,�UJI a•W In sq.N.
•00vid J.
10_ 'S o:4'-1�11' Froniage ISO 112.5 .. .
��� 1"-
In reel
Ber01er5 Trs `�'a 5.0wners of fleeced.
ol't t Wo�o Walk M.1937 A
Can.t,r5.61937de,ie M O
Yc o i 7\Wp4 Cert.No,.57703 I(.577077..1'
Aoomwolu der Me Suodivlsion Comrol Low • ,'(C 31
n gulredn,f.Chap.4l.,Sec.BI-P,G.L ..qp \.\yO .,
YARMOUTH PLANNING BOARD v` -
°a ° W. WI6y PLAN OF LAND
Z dP j \ ` IN
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g� - YARMOUTH, MASS.
1 'il 9 c<° BEING A RE—DIVISION OF
• ,s A �Je`s LC,PLAN#130I8A-LOTS#5,6,_7,8{t`9
jo<gg r ee lrr that lMe cancan w,, as mad,, —TO BE FILED 1N THE LAND COURT-
1 0 the Mound In aemrdance with lnaland Court imbed SCHOFIELD BROTHERS of N.E,Inc.
S. Root of Monet Do between November q,l998 and REGISTERED PROFESSIONAL ENGINEERS AND LAND SURVEYORS
.�e Nowenber 23,199& ROUTE 6A-RG:BOk 108,1-ORLEAN3,MASS.,02653
Dote: Nla.rh fG,(999 (50 z55-zone
\ _'/ SCALE,I In..40R. MARCH10,1999 -
_�1/, Cl•('Ga,,k ' -40 -20 0 4D 6/ . �D'
Ro6...,..l Land Surveyor 4'a•.dd,
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� �,rt +� TOWN OF YARMOUTH
�'*'"' ``� BUILDING DEPARTMENT
1146 Route 28, South Yarmouth,MA 02664 508-398-2231 ext.261
BUILDING DEPARTMENT
LOT INQUIRY FORM (ZONING PURPOSES ONLY)
Assessors'Mapes` 22d 9 Lot No. H8 Stre tAddress 30 Bass River Terrace
Endorsement Date of Subdivision Plan and Type(if applicable) May, 1928
Total Land Area(sq.R.) 13,250
Frontage 63.39
Name of Curran Owner Lucille 70 Doran Drive
Y Dwocki Address Brewster1Ma. Telephone No. 896-3552
Inquire's Name(ifdifferent from owner) Robert Dunphy Tel hone No. 760-1318
ep
Inquire's MailingAddress 218 Blue Rock Road,S.Yarmouth,Ma. 02664
Buiiding Intent Single Family Res. 1 54 1 56, 161 , 1 62 169.3
-1 Adjoining Lot Numbers , ,
Signature of Applicant ,� % Date of Inquiry 1 2/1 1 /01
(3? FOR4I FFICE USE ONLY
Does not conform with M.G.L..Chapter 40A,Section 6,single lot exemption,or
V
Defimitiv`%P Esxempti and/or the applicable zoning byl w,as p
informmationpro ed
Conforms with M.G.L.Chapter 40A,Section 6,single lot exemption,and or Section
I043A,Para. of the zoning bylaw,as per information provided. Comments:
Protected pursuant to M.G.L.Chapter 40A,Section 6,Definitive Plan Exemption.
Application is incomplete. Comments:
Adequate road access must be present. De nmination of access shall be made by the 0--.
Planning Board pursuant to M.G.L.Chapter 4I (if applicable.) k°1 1 2001 I
Must satisfy Title V requirements.(See Board of Health)
By_WMust satisfy Conservation regulations,if applicable.
_Old Kings Highway Regional Historic District Commission applicability.
Investigator's Signature ,.�? S 6 • ,,,,, Date / - v
Rev.3/0I
I
R TOWN OF YARMOUTH
4.-t WATER DIE?A ?,TMENT
E'\ " " 4 102 UNION STREET
YARMOUTH PORT,MASS.02875
(508)382-4974
FAX(508)382-5421
Date of Issue : Jan 19, 1999
Letter of Water Availability
1. Single Family Dwelling X 2 . Duplex Family Dwelling
3 . Condominium Dwelling 4 . Commercial / Industrial
5. Other (Specify)
Reference; Massachusetts General Laws Chapter 40, Section 54
To : Town of Yarmouth Building Inspector
Please be advised that the Town of Yarmouth Public water supply
is available to service lot/parcel (s) 156 Street 26 BASS RIVER TERRACE
as shown on Assessors sheet/map # 42
Issuance of this Letter of Availability is subject to the
following provisions/restrictions.
(1) The property owner agrees to comply with all Federal, State,
and Local Laws, Rules and Regulations as they pertain to the use of the
Public water Supply.
(2) The Yarmouth Water Department shall have exclusive rights as
to the size, number, type and location of all water service lines, fire
service lines or appurtenant items connected to the water distribution
system.
(3) The Yarmouth Water Department reserves the right to require,
at the property owners expense, the installation of water mains and
appurtenant items to meet water demand requisites within any structure
relevant to this Letter of Availability.
(4) This Letter of Availability will expire 180 days from
the date of issue.
I have read and understand 1; provisio restrictions of this Letter of
Water Availability. 1 a
gn
Reference
: DAVENPORT REALTY TRUST
: 20 NORTH MAIN STREET
: SOUTH YARMOUTH, MA 02664
Yarmout a er Department