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Home My WebLink AboutLot Inquiry 080822 TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner August 8, 2022 Atty. Marian S. Rose 26 Upper County Rd. Dennisport, MA 02639 RE: 130 Mayflower Terrace - Lot Inquiry Dear Atty. Rose, This letter is in response to your letter of June 16, 2022. Your compilation of information was very helpful in making my determination. Based on the historical record provided by you as well as a review of the zoning history for the district, I have concluded that the property is protected from merger as allowed per section 104.3.4 paragraph 5 of the Town of Yarmouth Zoning Bylaw as this lot was endorsed by the Planning Board on July 24, 1947, appears to contain the minimum required lot size of 10,000 sq. ft. and at least 75 feet of frontage. It is apparent that the lot was not held in common ownership with more than two abutting lots. There are other factors to qualify a lot as buildable as you are aware such as adequate access, satisfying Conservation and Title 5 requirements, and meeting Old Kings Highway design standards if applicable. Should you disagree with this conclusion, you have the right to appeal this decision and or seek relief with the ZBA in accordance with MGL 40a §8, and §15. If you have any questions, I am available at any time. Truly, Mark Gryll Building Commissioner Law Office of Singer & Singer, LLC 26 Upper County Road P.O.Box 67 Dennisport,Massachusetts 02639 Andrew L.Singer Tel:(508)398-2221 Marian S.Rose Fax:(508)398-1568 www.singer-law.com Myer R. Singer(1938-2020) Via Email: mgrylls(&yarmouth.ma.us June 17,2022 Building Commissioner,Mark Grylls Town of Yarmouth 1146 Rt. 28 Yarmouth,MA 02664 Re: 130 Mayflower Terrace,Yarmouth,MA Dear Mr. Grylls, I am writing to ask that you make a determination regarding whether the undeveloped parcel captioned above is independently buildable for single-family use purposes. 130 Mayflower Terrace (locus)is owned by the 130 Mayflower Terrace Trust. 126 Mayflower Terrace,is also owned by a separate family trust and improved with a single-family dwelling. Based on my research,I believe that locus should be considered an independently-buildable pre-existing nonconforming lot for single-family residential purposes under the Yarmouth Zoning By-Law for the reasons outlined in the attached memorandum. Thank you for your attention to this matter. Should you have any concerns, I would welcome any questions you might have. Sincerely, Very truly yours, Marian S. Rose Marian S.Rose Attachments:memorandum 1 Law Office of Singer & Singer, LLC 26 Upper County Road P.O.Box 67 Dennisport,Massachusetts 02639 Andrew L.Singer Tel:(508)398-2221 Marian S.Rose Fax:(508)398-1568 www.singer-law.com Myer R. Singer(1938-2020) EMAIL MEMORANDUM To: Mark Grylls,Yarmouth Building Commissioner From: Marian Rose Date: June 16,2022 Re: 130 Mayflower Terrace; Yarmouth Buildability Introduction I have been asked by the owners of 130 Mayflower Terrace,Yarmouth,MA (Locus),an undeveloped,undersized lot,to review whether or not the lot is buildable for single-family residential use under the Yarmouth Zoning By-Law. Question: Is Locus a separately buildable lot for zoning purposes or has it merged with other contiguous,developed but undersized lots? Answer: Locus does not meet current zoning dimensional requirements. However,it meets the requirements necessary under the Yarmouth Zoning By-Law to provide grandfathered protection to certain nonconforming,undeveloped lots. As a result,I believe the lot is independently buildable for single-family residential purposes. ANALYSIS Background: Locus (Lot 45), 126 Mayflower Terrace(Lot 44)and 134 Mayflower Terrace(Lot 46) The undeveloped lot, Lot 45(Locus) is,per the field card,roughly 13,939+/-square feet,and undersized for a building lot under the current R-40 zoning which requires a minimum lot size of 40,000 square feet. The Plan of Land on record for Locus describes frontage on Mayflower Terrace of roughly 80 feet. The plan for Locus and the two lots which share a bound with Locus, 126 and 134 Mayflower Terrace,were endorsed by the Yarmouth Planning Board and recorded with the Barnstable Registry of Deeds in 1947. (See Plan of Land Book 79,Page 101). 2 Current Zoning Status Locus is within the R-40 zoning district and does not meet current lot size(40,000 square feet required, 13,939 square feet existing)or frontage(150 required, 80+/-existing)requirements. If current dimensional requirements were to apply,the lot would not be buildable. Grandfathering Considerations for an Undersized Lot Under Section 104.3.4,Nonconforming Lots,of the Yarmouth Zoning Bylaw, if an undeveloped lot does not conform with current dimensional requirements, it can still be buildable for single-family residential use if it meets any one of the sets of conditions required for grandfathering an undeveloped residential lot. The key information required to make a determination of buildability includes the dimensions of Locus,whether a plan for Locus has been recorded or approved and when,when the Yarmouth Zoning By-Law was altered in a way that made Locus nonconforming,and whether and when someone owned Locus and one or more contiguous properties. Locus Lot size: 13,939 square feet per Plan of Land. Date Locus Became Nonconforming: Locus became nonconforming sometime between 1960 when the RD-2 district's minimum lot size was 12,500 square feet and 1965,when the Zoning By-Law confirmed the minimum lot size as 15,000 square feet in the RD-2 district. Common ownership of the two parcels was subsequent(1967)to the change in the Zoning By-Law which made Locus nonconforming. Common Ownership: 126 and 130 Mayflower Terrace were held in common ownership by Emily F.Hulse from 1967 until 2014. In 2014,her estate transferred 126 Mayflower Terrace to the Knob Cottage Trust and Locus to the 130 Mayflower Terrace Trust. I have assumed,for the purposes of this analysis,that the Trusts have common beneficiaries and, if so, that the Town of Yarmouth would likely consider the properties to be in common ownership at present. Because Locus has not been held in common with more than one other lot,the continued common ownership, if present,does not affect Locus's potential buildability. I have reviewed ownership of 122 and 134 Mayflower Terrace to confirm that these properties were not in common ownership with 126 and 130 Mayflower Terrace so that the limit on number of properties in common ownership is not exceeded(i.e.3 or more after 1996)(see Summary attached). Analysis Under Section 104.3.4 Sections 104.3.4.1 and 104.3.4.2 provide no grandfathering relief to Locus. Under 104.3.4.1,the Zoning By-Law requires that the undeveloped lot not be held in common ownership with an abutting lot at the time the Zoning By-Law made the lot nonconforming or since. Clearly,the 125 Mayflower Terrace and Locus have been held in common for at least fifty years, if not more. Section 104.3.4.2 implies that the undeveloped lot and the contiguous lot be held in common ownership at the time the Zoning By-Law increased dimensional requirements making the lot nonconforming. Here,the lots came into common ownership in 1967,after the change in the Zoning By-Law which made Locus nonconforming. Section 104.3.4(5)also provides a basis for relief. Under this section,the dimensional requirements of the By-Law will not apply for a lot to be used for single-family residential use, so long as the following provisions are met: 3 � • 1 1. The plan for the lot was approved or endorsed by the Planning Board prior to June 3, 1996; 2. The lot was not held in common ownership with more than two abutting lots as of June 3, 1996; 3. The lot is at least 10,000 square feet in non-wetland area;and 4. The lot has either 75 feet of lot frontage or 50 feet of lot frontage if the minimum dimensional requirements of Sections 203.2 are met. Here,Locus meets these requirement of this section of the By-Law. The Plan including Locus was endorsed and recorded in 1947,well before 1996,as required by this subsection. Locus has been held in common ownership with only one other lot,not more than two. The lot is more than 13,000 square feet so well over the 10,000 square feet minimum. Finally,the lot,at least according to the 1947 Plan of Land,has a frontage of 80 feet,five feet to spare from the requirement of at least 75 feet. I believe all requirements of this section have been met. Conclusion: Based on the analysis above,I would ask that locus be confirmed as an independently buildable lot for single-family residential purposes because it meets the standards required to be grandfathered under Yarmouth Zoning By-Law Section 104.3.4(5). 4 Title Review—confirming 3 or more contiguous properties including Locus not owned in common since 1996. 130 Mayflower Terrace Deed Book 28299 Page 341 (8.1.2014) Lucy L. Hulse,Leslie H.Arbuckle,Lorna L. Bozeman and Linda H. Mauro under will of Emily F.Hulse grant to 130 Mayflower Terrace Trust Deed Book 1366 Pge 711 (05.23.1967) Emily P. Hulse 126 Mayflower Terrace Deed Book 28299 Page 347(6.1.2014) Lucy L. Hulse,Leslie H.Arbuckle,Lorna L. Bozeman and Linda H. Mauro under will of Emily F.Hulse grant to Knob Cottage Trust Deed Book 1213 Page 163 (8.15.1963) Emily P. Hulse 122 Mayflower Terrace Deed Book 34125 Page 246(5.8.2021) Maureen/Thomas Mullins Deed Book 25515 Page 26(6.7.2011) Deborah Carrus Deed Book 23126 Page 133 (8.28.2008) Dinah's Pond,LLC Deed Book 22601 Page 332(1.14.2008) Godfrey,Marjorie E. Trustee Deed Book 22601 Page 331(1.14.2008) Godfrey,Marjorie E. Trustee Deed Book 937 Page 156 (4.2.1956) Charles B. Smith,Jr. 134 Mayflower Terrace Deed Book 18027 Page 340(12.12.2003) James Banno Deed Book 15614 Page 154(9.19.2002) Pauline Smith Deed Book 15614 Page 151 (9.19.2002) Elaine Pinkam 5 Deed Book 14670 Page 268(1.7.2002) Pauline Smith Deed Book 1366 Page 715 Hugh Smith 6 . .s i , 77—ID! t QY N :T A L E �N�OPTi A L 1 OT N O T $ ,ovv‘ � A : ` YA L_�10 a yF ) `\ Yaa / • a �r��i 1jLS BAY ER P 'J/ Y a 1 _ * 2 '1/4, '..- itd 26 iffr= AZA LAVE :�„'' , .. ,..... ''..q,dr ' ' 1 it lirs, - ,o' , a; sigiOgw'—..-1.. ., ,, ''rx, . 0,--.4..= aa 40 Q' <. r 3 y„�1� w , 4. DINAxS • .."'''''''''''''''''..\\ 3 L` ma en Q ;�� i. �.., ..,,. � POND ' .8: \\ 1 / n'wo+SwpM A N. GV , d • a' a f C \�I I/ _, \\ . • ti Yarmouth.ttaccachus ttc Kai ph ICelle a10 01 ' ':)' 4 ...tad,"°^ea.. ow narPdevelover 5 „A. / t$ 1: QP� aw.. �Rq\ JULYYAI947 G ,r �' \ .r—_ w,L INSOFAR AS APPROVAL OF INC PLANNING \ . 9 '''.A' \ - , BOARD OF YARMOUTH IS REOUIRED,INC ABOVE •'..,f A J BENJMAN llama a ASSOCIATES PLAN IS HEREBY 4PPROVEO. 5 / Mogen YEnxevORrOMpa 8. SCALE 68•1. JOKE KWAT CHAIRMAN,PLANNING BOARS v YAIS-A125 p TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner August 8, 2022 Atty. Marian S. Rose 26 Upper County Rd. Dennisport, MA 02664 RE: 130 Mayflower Terrace - Lot Inquiry Dear Atty. Rose, This letter is in response to your letter of June 16, 2022. Your compilation of information was very helpful in making my determination. Based on the historical record provided by you as well as a review of the zoning history for the district, I have concluded that the property is protected from merger as allowed per section 104.3.4 paragraph 5 of the Town of Yarmouth Zoning Bylaw as this lot was endorsed by the Planning Board on July 24, 1947, appears to contain the minimum required lot size of 10,000 sq. ft. and at least 75 feet of frontage. It is apparent that the lot was not held in common ownership with more than two abutting lots. There are other factors to qualify a lot as buildable as you are aware such as adequate access, satisfying Conservation and Title 5 requirements, and meeting Old Kings Highway design standards if applicable. Should you disagree with this conclusion, you have the right to appeal this decision and or seek relief with the ZBA in accordance with MGL 40a §8, and §15. If you have any questions, I am available at any time. iifrTruly, , ,.a Mark Grylls Building Commissioner