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MATTA M CS
November 19, 2008
Ms. Denise Sousa
10 Oak Terrace
Bellingham, MA 0201.9-2240
Re: Swan Lake Shores
Dear Ms. Sousa:
TOWN OF YARMOUTH
BUILDING DEPARTMENT
1146 Route 28, South Yarmouth, MA 02664
508-398-2231 ext. 261 Fax 508-398-0836
AdO3 3111
This is to serve as a follow-up to the various discussions over the past few months concerning the
buildability status of parcels102, 103, 104 & 105, aka lots 171, 172, 173 & 175, shown on assessors'
map 49. As you are aware I received a Lot Inquiry from a Thomas Griffin, for parcels 103, 104 &
105 on July 28, 1999. It was my determination that these parcels lacked the legal frontage as defined
in MGL Chapter 41, Section 81 L and Town of Yarmouth zoning bylaw Section 500. I reiterated this
in a May 23, 2000 letter to Mr. Griffin and also stated that "the lots are currently in separate
ownership, therefore, the lots either combined or separate lacked the qualifiers for protection (MGL
Chapter 40A, Section 6 & zoning bylaw Section 104.3.4) and therefore are not grandfathered. The
same finding was made on December 3, 2007 when a Denise Yurkofsky submitted a Lot Inquiry for
parcel 103. Copies of these documents were provided to you earlier this year.
These lots were created via a 1926 subdivision plan. This plan included a "Park" in the area where a
Right of Way currently exists. According to information provided by the Town Engineering
Department, this Right of Way was apparently created by deed in 1963. Based on this information, it
appears that two additional lots were created by deed in 1963, by splitting the Park Lot in
approximately one half. The Right of Way does not constitute frontage, thus my earlier findings. For
your edification I am enclosing a copy of the information provided by the Engineering Department.
Parcel 103 contains .15 acre of land or 6,534+/- square feet; parcel 104 contains .13 Acre of land or
5,662+/- square feet and parcel 105 contains .15 acre of land or 6,534+/- square feet.
Notwithstanding the frontage issue, these parcels are not accorded protection provided by the
provisions of MGL Chapter 40A, Section 6 and zoning bylaw Section 104.3.4. Based on these facts
building permits cannot be issued should applications be submitted for the construction of single
family buildings.
Page 2 Ms. Denise Sousa Re: Swan Lake Shores off Lake Road
Secondly, as you are aware you have been cited several times by Inspector Arnault for failing to
remove the mobile home you have stored on the vacant lot. These tickets were issued pursuant to the
provisions of Yarmouth zoning bylaw Section 202.5 Use A9. MGL Chapter 40A, Section 3 provides
that a manufactured (mobile) home may be placed when a person's residence is destroyed by fire or
other natural disaster up to a maximum of twelve (12) months. Zoning bylaw Table 202.5 Section
Q—Accessory Use, Use Ql. Temporary Construction Trailer is permitted, but not as living quarters
and in this case no permit has been issued for any construction and cannot be considered accessory to
a principle structure because one does not exist.. Therefore, the mobile home/trailer in question does
not qualify as a permitted accessory use either for storage or temporary occupancy.
Finally, you may appeal these zoning determinations within. thirty (30) days to the Zoning Board of
Appeals, pursuant to the provisions of MGL Chapter 40A, Section 15.
Very truly,
James D. Brandolini, C. B.O.
Building Commissioner
cc: inspector Andrew Arnault
Enclosure:1
CERTIFIED MAIL
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TOWN OF
BL'ILL)I\L,
YARMOUTH ELI(,RIUAL
1146ROUTE2S SOUTH VAPUNIOUTH N.�55�C:Y�L'SE�'iS
Teielflhosle (508) :398.2231. Esc.. 261 — Fax (508) 398-
13L'ILDING 1)EPARTMEN'T
165 /11� BUILDABLE LOT INQUIRY FORM LB
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K---171 17J.7
Lot No.� _.. A, sessors Map No, 04V Street
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BLL. ,NG
JUL 2 8 19 ;.
AXV-
Endorsement Date of Subdivision Plan and "rype (if applicable)
"Total Land Area (sq. ft) Frontage bO
7;tEC" Slc�rG"
c Name of Current Owner Address_ Telephone No. —
In uire's Name (if different from owner) ~S. 6 �1 4elephone No -E4-`�
Inquire's Mailing Address_
C-Om B3 r.,5
Building Intent,
Signature of Applicant
3�-oTS Q
Adjoining Lot Numbers
FOR. OFFICE USE ONLY
V Does not conform with M.G.L. Chapter 40A, Section 6, single lot exemption, or Definiaive
Plan Exemptioq and/or the applicable zorag bylaw, as per information provided.
k
Conforms with M.G.L. Chapter 40A, Section b, single lot exemption, and/or applicable
zoning bylaw, as per information provided.
Protected pursuant to M.G.L. Chapter 40A, Section b, Defuzitive Plan Exemption.
Application is incomplete. Comments:
Adequate road access must -be present. Determination of access shall be determined by the
Planning Board (if applicable).
60""Must satisfy Title V requirements.
Zf Conservation regulations, if applicable.
Must satisfy �
#:. _ �4,�. , / ' mate
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