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Home My WebLink AboutLot Inquiry 8322 TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner RECEIVED AUG 0 3 2022 August 3, 2022 BUILDING DEPARTMENT By. - _.--- ---� Atty. Marian S. Rose 26 Upper County Rd. Dennisport, MA 02664 RE: 150 Merchant Ave. Lot Inquiry Dear Atty. Rose, This letter is in response to your letter of July 06, 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 December 18, 1960, appears to have the minimum 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. Alp ruly./ 1' Mark Grylls Building Commissioner RECEIVED Law Office of Singer & Singer, LLC 26 Upper County Road - J U L c�6 2022 P.O.Box 67 Dennisport,Massachusetts 02639 BUILDING DEPARTMENT By Tel:(508)398-2221 Andre Marian S. Rose Singer Fax:(508)398-1568 Marianwww singer-law.com Myer R.Singer(1938-2020) Via Email: m rolls a yarmouth.ma.us July 6,2022 Mark Grylls,Building Commissioner Town of Yarmouth 1146 Rt.28 Yarmouth,MA 02664 Re: 150 Merchant Avenue,Yarmouthport, MA Dear Mr.Grylls, I am writing to request a determination that the undeveloped property captioned above is buildable for zoning purposes. Attached is a memorandum heldet whrminat on that itas a separate,buildable ed research on 150 Merchant Avenue,Yarmouthport,providing support f lo lot for zonin purposes and that it has not merged with any the o contiguous be cons(56,a pre-ex144,o ring 158 Merchant Avenue). Based on my research,I believe that the lotnon rmin lot that is independently buildable for a single-family home use under the Yarmouth Zoningng By-Law g for the reasons outlined in the attached memorandum. our attention to this matter. Should you have any concerns,I would welcome any Thank you for y questions you might have. Sincerely, truly y yours, Marian S. Rose Marian S.Rose 1 Law Office of Singer & Singer, LLC 26 Upper County Road P.O.Box 67 Dennisport,Massachusetts 02639 Tel:(508)398-2221 Andrew Marian Singer Fax:(508)398-2221 Marian S.Rose www singer-law.com Myer R.Singer(1938-2020) EMAIL MEMORANDUM To: Mark Grylls From: Marian Rose Date: July 6,2022 Re: 150 Merchant Avenue, Buildability Introduction Is 150 Merchant Avenue,Yarmouthport,MA (Locus),an undeveloped, undersized lot, is buildable for single family residential use under the Yarmouth Zoning By-Law? merged with other Question: Is Locus a separately buildable lot for zoning purposes or has itmer g contiguous,developed but undersized lots? Answer: Locus does not meet current zoning dimensioalunder quiiwo secenns of. the However, Zoninger,I believe it meets the requirements necessary By-Law which provide grand here and ectiO4.o.4 to5 certain nonconforming, undeveloped lots,Sections 04 ANA�LY_SIS Back round 150 Merchant Avenue Lot 29 on Plan of Land Book 225 Pa a 103 ort property along Follins Pond in Yarinout p and the four adjacent lots were created along with others at that A subdivision was created in the mid-sixties for roe y f time Locus and are shown ont a Plan o of 29) a of Yarmouth, not requiredh,Inc. under Plantne Land r shown a Plan of Land prepared for Merchant andAC�(p Yarmouth,Inc. The of an dated December 18, 1968 and was recorded withh Barnstable�Registry y1 f Boardas Land bears the signatures of the Yarmouth Planningattached).Lot 27 Deeds oYarmouth December Subdivision ,L1968 (Plan Book 225,Page 103 7o 58 er with Locus.I and Lot 32(56 Merchant)each share a p p Y 4 Deeds on December 20, reviewedMere the Lot le history ry offhachnt) part of this analysis to determine attached).wwhether Lot and d when dtle history each contiguous lot as See Assessor's Map were owned by Jose and Elizabeth Ruisanchez from 1969 to 2005. anyone owned Locus and a contiguous lot in common. Merchant)and Locus 2 Current Zoning Status Locus is within the R-40 zoning district and may be in the Aquifer Protection District(APD). Maximum building coverage is 25%. If the lot is in the APD,then additional restrictions would apply in addition to the frontage and lot area minimums outlined above. The APD imposes a 15%maximum impervious lot surface coverage limit,or 2,500 square feet,whichever is greater(Locus's maximum would be 4,900+/-square feet unless artificial recharge for excess runoff is provided.) The Plan of Land on record for Locus describes frontage on Merchant Avenue of 140 feet+/-. The field card notes the total lot area as 19,602 square feet. Current requirements for undeveloped lots in the R-40 district are minimum frontage of 150 feet and minimum lot size of 40,000 square feet. 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. Lot size: 19,602. Date Locus Became Nonconforming:Locus became nonconforming when the Zoning By-Law was changed so that the RD-2(Locus's earlier district designation)minimum lot size increased to 20,000 square feet in,I believe,March 1971. Common Ownership: Here,Elizabeth and Jose Ruisanchez owned two contiguous properties during a common time period,Locus and 56 Merchant Avenue(Lot 43)from 1969 to 1982,during the time in which Locus became nonconforming. Locus:Elizabeth and Jose Ruisanchez owned Locus from 1969 until 2005. In 2005, ownership was transferred to the Elizabeth A.Ruisanchez Living Trust. 56 Merchant Avenue: Elizabeth and Jose Ruisanchez owned 56 Merchant Avenue from 1968 until sold to Robert Purcell in May 1982. See final page of memorandum summarizing ownership for locus and continguous properties. Grandfathered under Section 104.3.4.2 Under Section 104.3.4(2),Nonconforming Lots,the By-Law provides that even if two(or as many as three)lots were held in common ownership when dimensional requirements were increased so as to make the undeveloped lot nonconforming,so long as the undeveloped lot meets the following criteria,it is grandfathered under the earlier zoning and considered buildable: 1. The plan for the undeveloped lot was recorded ownershipwhen they 2. The lots were held in commonbecame nonconforming;and 3 3. The lots contained more than 7,500 square feet,75 feet of frontage or contained 15,000 square feet, and fifty feet of frontage(if section 203.2 conditions met) Here,the Plan of Land for Locus was endorsed and recorded in 1968. Locus was held in common ownership,as mentioned earlier,with 56 Merchant from 1969 to 2005 and during this time(1972),Locus became nonconforming. The lot meets the dimensional requirements for grandfathered status given that its over 7,500 square feet(19,060+/-square feet)and has well over 50 feet of frontage(140+/-feet)on Merchant Avenue and there was the only one lot in common ownership with Locus;not more than two. This provision of the Zoning By-Law appears to provide grandfathering protection for zoning purposes to 150 Merchant Avenue. Grandfathered Under Sections 104.3.4 5 Section 104.3.4.5 also provides an alternative option 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: 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. Under this provision, if the conditions are met,any single-family structure built would need to meet current setback requirements. Here,Locus clearly appears to meet these requirements as well. The Subdivision Plan of Land was endorsed and recorded in 1968 and at that time,Locus was conforming. Locus was held in common ownership with just one abutting lot(56 Merchant). Locus meets the minimum square footage requirements of 10,000(19,060 Locus)square feet and has over 75 feet(140 Locus)of frontage of frontage on Merchant Avenue. Conclusion: I believe Locus is independently buildable under sections 104.3.4.2 and 104.3.4.5 based on the analysis outlined above. 4 Documentation of Ownership Locus, 150 Merchant Deed Book 20571,Page 347 Jose Ruisanchez 2005 to present Deed Book 1451,Page 674 Jose Ruisanchez 1969 to 2005 56 Merchant-owned in common with Locus Deed Book 29576,Page 62 John Deady 2016 to present Deed Book 14864,Page 151 Cheryl Bartlett 2002 to 2016 Deed Book 12975,Page 21 Cheryl Bartlett 2000 to 2002 Deed Book 10308,Page 255 Leslee Dooley 1996 to 2000 Deed Book 3483, Page 324 Robert Purcell 1982 to 1996 Deed Book 1413,Page 281 Jose&Elizabeth 1968 to 1982 Ruisanchez 144 Merchant—not owned in common with Locus Deed Book 10677,Page 336 Virginia Fahey 1997 to present Deed Book 2478,Page 2 Wllm and Elinor Along 1977-1997 Deed Book 1410, Page 174 John Maureen Erb 1968-1977 158 Merchant—not owned in common with Locus Deed Book 30140,Page 25 Kathleen Linnell 2016 to present Deed Book 21667,Page 26 Robert Oberg 2007-2016 Deed Book 19120,Page 234 Robert Oberg 2004-2007 Deed Book 17147,Page 315 Walden Corp 2003-2004 Deed Book 1526,Page 111 Evelyn Yonkers 1971-2003 62 Merchant— Deed Book 33205,Page 24 Rui Tang 2020 to present Deed Book 31067,Page 178 Geralyn Warren 2018-2020 Deed Book 30646,Page 51 John Warren 2017-2018 Deed Book 30605,Page 132 Virginia Audino,Tr. 2017-2017 Deed Book 30605,Page 131 Virginia Audino,Tr. 2017-2017 Deed Book 28577,Page 270 Peter Audino,Tr 2014-2017 Deed Book 4015,Page 55 Audino 1984-2014 Deed Book 3814,Page 160 Cobb 1983-1984 Deed Book 1449,Page 624 Erb 1968-1983 5 E I. `you x.• � `� i;W9' 5 c w $ov n R 0 ° g'0 5 a Y`.,, a N •0 m g o,I g �'S ,, m g Z J � .'.8 I .a '' x s .N w o s I 5 2 i ° ---„- va 0 g Z 0 u i L ° • "°po 0: a•e �' a i d N muY n a 0 d �.6 Z, ° I N z Z & ° . 0000 M.Os As 5"N . .._ z 0 l0 W 0 2 M , ' . d 4 oaL 1Z ESiO.eN h • < _ G ZL9 Q D 3 p0 ,. 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