HomeMy WebLinkAboutZoning Opinion110223 HAYES & HAYES
ATTORNEYS-AT-LAW, P.C.
23 EAST MAIN STREET
WEST YARMOUTH, MASSACHUSETTS 02673
Est. 1952
MICHAEL J. HAYES TELEPHONE (508) 775-0080
STEPHEN P. HAYES TELEFAX (508) 775-0693
Writer's email: Steve@hayesandhayes.com
HAROLD L. HAYES, JR. (1952-2007) Writer's telephone extension: 14
November 2, 2023
Mr. Mark Grylls
Building Commissioner
Town of Yarmouth
1146 Route 28
South Yarmouth, MA 02664
RE: Real property located on Berry Avenue in West Yarmouth, Massachusetts; further
described in a deed(hereinafter the"Deed")from Dora M. Stacy,Widow of Chester
R. Stacy, to Paul Stacy and Dorothy Stacy, Husband and Wife as Tenants by the
Entirety,which deed is dated August 3, 1948 and recorded with Barnstable County
Registry of Deeds in Book 700, Pages 35 and 36. Said real property is shown as
Lot 222 1.03 AC on Sheet 30 of map entitled "Tax Map Town of Yarmouth
Barnstable County,Massachusetts Sheet 30"(hereinafter the"Tax Map"). The real
property described in the Deed and shown on the Tax Map as described above is
hereinafter referred to the "Premises"
ZONING OPINION
Dear Commissioner Grylls:
You have requested our opinion with respect to the zoning laws applicable to the Premises.
In addition to the Deed and the Tax Map,we have examined and relied on the following documents
and materials with respect to the information contained therein or shown thereon:
RECE 1 ,
NO[ v -
BUILDING DEPARTM5,1T
By
HAYES&HAYES
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1. Document entitled "Town of Yarmouth Commonwealth of Massachusetts Zoning Bylaw
Yarmouth Planning Board Amended Through April 26, 2022, which document consists of
184 pages (the "Zoning Bylaw").
2. Map entitled "Zoning Map of the Town of Yarmouth Updated through Special Town
Meeting,November 2, 2021, consisting of one sheet(the "Zoning Map")
3. Property information card with respect to the real property known as and numbered 17
Berry Ave Map ID 30/222,as found on the database maintained by the Town of Yarmouth
Assessor as of September 14, 2023 (the"Assessor's Card")
We assume for the purposes of this opinion the authenticity of all signatures,the due issuance and
validity of the Zoning Bylaw and Zoning Map, and that there have been no changes to either the
Zoning Bylaw or the Zoning Map since the issuance of the Zoning Bylaw and Zoning Map.
Based on the foregoing and such investigation of law and public records as we have deemed
necessary or desirable,and subject to those matters set forth below,we have reached the following
conclusions:
1. Zoning District. Based on the Zoning Map, the Premises are located in an R-25 Zoning
District. Based on the Zoning Map, the Premises are not located in as Aquifer Protection
Overlay District, a Revitalization Overlay Architectural District, or a Village Center
Overlay District.
2. Use Regulations. Based on the Zoning Bylaw, the following uses of the Premises are
permissible in an R-25 Zoning District:
• Permissible as of right: Residential — Single-family dwelling; Residential — Two-
Family dwelling.
• Permissible by special permit: Cluster/Planned Residential Development;Boarding
or Lodging House;Guesthouse,Inn,or Bed&Breakfast Inn;Accessory Apartment.
3. Dimensional Requirements. Based on the Zoning Bylaw and the Zoning Map, the
following dimensional requirements are applicable to the Premises:
• Minimum Lot Size: 25,000 sq. ft.
• Minimum Frontage: 150 feet
• Minimum Yard:
o Front: 30 feet
o Side: 15 feet
o Rear: 20 feet
• Maximum Building Coverage: 25%
• Maximum Shape Factor: 22
HAYES&HAYES
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Based on the Assessor's Card, the Premises has an area of 1.03 acres. Based on the
Deed,the dimensions of the Premises indicate that the area of the premises is in excess
of 25,000 square feet.Based solely on the Assessor's Card and the dimensions set forth
in the Deed, it is our opinion that the Premises complies with current zoning with
respect to minimum lot size.
Based on the Deed, the property has frontage on Berry Avenue of 150 feet more or
less. Accordingly, it cannot be determined if the Premises complies with the zoning
law with respect to frontage.
No opinion is rendered with respect to the zoning status of the Premises with respect
to Minimum Yard, Maximum Building Coverage or Maximum Shape Factor.
4. Adjoining Lots. Based on the Tax Map, the parcels of land adjoining the Premises are:
• Lot 221
• Lot 223
• Lot 224
• Lot 226
• Lot 227
Said lots are hereinafter referred to as the "Adjoining Lots".
Section 104.3.4 of the Zoning Bylaw provides as follows:
"104.3.4 Nonconforming Lots. Except as provided below, lots which do not
conform to the dimensional requirements of this by- law, as amended, shall not be
individually built upon unless combined and/or re-subdivided so as to meet the
revised dimensional requirements.
"1. Single lots. Any increase in area, frontage or other dimensional
requirements of this zoning bylaw shall not apply to a lot for single family
residential use which, at the time of recording or endorsement, whichever
occurs sooner, conformed to then existing requirements, had less than the new
requirement but at least five thousand (5,000) square feet of area and fifty (50)
feet of frontage and was not held in common ownership with any other
contiguous lot at the time of, or since, the effective date of the increased
requirements."
We have reviewed the chain of title to the Premises and to each of the Adjoining Lots
with the records of the Barnstable County Registry of Deeds. We find that the recording
of the Premises as referred to in said Section 104.3.4 occurred on August 4, 1948. We
have confirmed based on the records of the Barnstable Registry of Deeds that since
August 4, 1948, there has been no common ownership between the Premises and any
of the Adjoining Lots. Based on the Deed, the Premises has at least 5,000 square feet
of area and 50 feet of frontage. Based on the Deed and with the assumption that the
Premises complied with the zoning requirements in effect as of August 4, 1948, it is
HAYES&HAYES
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our opinion that the Premises qualifies as a nonconforming single lot under Section
104.3.4 of the Zoning Bylaw.
This opinion is rendered to the addressee hereof only for the transaction herein described and may
not be relied upon by any other person or used for any other transaction. We render no opinion on
matters except as specifically herein stated. Without limiting the generality of the preceding
sentence, we wish to point out that we express no opinion concerning title to the Premises or the
Premises' compliance with signage regulations, flood regulations, building codes, health codes,
life safety codes, or other similar rules and regulations, except as may be specifically set forth in
this opinion.
Sincerely,
HAYES & HAYES ATTORNEYS AT LAW
Stephen P. Hayes