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Home My WebLink AboutLots Inquiry 7/25/12TOWN OF YARMOUTH BUILDING DEPARTMENT 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Building Department Inquiry Form (For Zoning Purposes Only) RECE VED JUL 0 9 2012 g I PARTME T By: Assessors' Map No. � 6 Lot No. / 5/ Street Address e2f 5U2 CH Endorsement Date of Subdivision Plan and Type (if applicable) Total Land Area (sq. ft.) lla 00 Frontage /`' Name of Current Owner K �� rc--0rn "" �s a Address s "c-71 " '- 10 VsTLO Telephone No. CJ7 YgY YSG !` A 3q TCT �E i Inquirer's Name (if different from owner) Telephone No. Inquirer's Mailing Address Building Intentlam' pUg't Adjoining Lot Numbers — 6 /3 46 4 /6 By signing this application I assert my understanding that the purpose of this inquiry is to determine whether the aforementioned lot(s) qualifies for protection afforded certain heretofore -undeveloped land and that to the best of my knowledge this lot(s) has never previously been built upon. Signature of Applicant Date of Inquiry FOR OFFICE USE ONLY Conforms with M.G.L Chapter 40A, Section 6, single lot exemption, and or section 104.3.4, Para. _,� of the zoning bylaw, as per information provided..1,4e Protected pursuant to M.G.L. Chapter 40A, Section 6, Definitive Plan Exemption. Application is incomplete. Comments: Adequate road access must be present. Determination of access shall be determined y the Planning Board (if applicable). ust satisfy Title V requirements. 7Must satisfy Conservation regulations, if applicable. OKH-RHD Applica Investigator's Signature 7 �. Date e"4 Doc=9BOY666 09-22-2004 10:54 Ctf t e 174482 BARNSTABLE LAND COURT REGISTRY FIDICUARY DEED I, DAWN E. BALCAZAR of 17 Cottage Street, Wellesley, MA 02482, as Executor of the Estate of Marilyn Balcazar, Barnstable County Probate Docket No.04P0027EP1, by power conferred in said Will and every other power For consideration of FIVE HUNDRED 'THOUSAND DOLLARS ($500,000.00) PAID, grant to RAYMOND ANTETOMASO and KAREN ANTETOMASO, Husband and Wife, tenants by the entirety, of 42 Pleasant Street, Stoneham , Massachusetts 02180 with QUITCLAIM COVENANTS, The land situated in Yarmouth, Barnstable County, Massachusetts, bounded and described as follows: LOTS 65 &. LAND �1�-(SHEETli�0) Subject to and together with any and all matters of record insofar as the same are in full force and applicable. For title see deed recorded in Document No. 327,316 Certificate No. 95020 with Barnstable County Land Court Registry. See also Estate of Marilyn Balcazar, Barnstable Probate Court Docket No. 040027EPI. LOCUS: 25 Burch Road, Yarmouth, MA APPR0FORREG*-MAC` BY THE COURT. MASSACHUSETTS STATE EXCISE TAX BARNSTABLE LAND COURT REGISTRY Date: 09-22-2004 a 10:54ae CtIA: 712 Doc:: 980666 Fee: t1010.00 Cons: tS001000.00 R1, .i'i � ,CAE;D . ; I f'�f ! t;Y •:i3l�nT REGISTRY a 1.0:5�o.w Dort: YSA6.E. Conn: t 00F000.00 WITNESS my hand and seal this .— day of September 2004. .144 DAWN E. BALCAZAR7= COMMONWEALTH OF MASSACHUSMS On this I day of 9� 2004, before me, the undersigned Notary Public, personally appeared the above -named DAWN E. BALCAZAR proved to me through satisfactory evidence of identification, which was a MA Driver's License, to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose. (Raised Seal or Stamp) Notary Public My Commission LINDA S. B183"W"6"' Notory Public CWMMMreohh of M*Mchuiekf My Canwni a n Expirts .htm 1A. 2010 BARNSTABLE COUNTY REG18MY OF DEEDS i A TRUE COPY. ATTFS' ` ' F. MEADE, RWMTER_j BARNSTABLE REGISTRY OF DEEDS MAP o ACCT# 026. 13 MAP 021 LOT 67 1 PLAN NO. r��1 LOC 00017 BURCH RD «C 17A 3 7 7 l Property l L C. a ! 1 aaA Map Sheet a2 Par;el z: ,4, y , ;_ flan yy-?- ,21iZ 2 4 l, l i �.. i I I l J A= I_ �gin, Wn Adct. No. O 2 iO , I ` ACRES Property Location: QA6 PLAN NO. T `� OWNER TITLE REF. Book Page Document Certificate Date Selling Price 0 D 1-784 2 6 O CYO ACCT 026.15 MAP 021 LOT Z64 LOC 030 A ENZIE RD UyyNr-ri I f f LC Mr-r. Book/Doc .� _�, .a5 " 4 PLAN NO. �t 7dl / SELLING DATE PRICE I ACCOUNT NO. M! ACCT# 026. 16—MAP 021 LOT Z63 a+D PLAN NO. LOC 00026 MACKENZIE RD Pr, Rl uwrgr-m i i i r_t htr. DATE SELLING PRICE ACCOUNT NO. Book/Doc Page/Cert .5 3 11 8 a 72 /b o g -723 A4474C/ .n 406 5S g ''r RT ,, S 41 7 1633 t o o TOWN OF YARMOUTH BUILDING DEPARTMENT 1146 Route 28, %uth Yarmouth, MA 02664 508-398-2231 ext. 261 Fax 508-398-0836 September 12, 2012 Mr. Raymond Antetomaso 42 Pleasant Street Stoneham, MA 02180 Re: 25 Burch Road, Lots 65 & 66 Dear Mr. Antetomaso: FILE copy Thank you for providing copies of the documents referenced in my August 21, 2012 letter. I have completed a review of same. My findings and comments are as follows: l . The lots in question were created by Land Court Subdivision plan 21122A, sheet 10. 2. Lot 65 contains approximately 8,518 square feet of land area with approximately 149 feet of frontage. 3. Lot 66 contains approximately 8,500 square feet of land area with 85 feet of frontage. 4. Based on the approximate square,footage of each, the lots in question became non -conforming when the minimum land area was increase to 15,000 square feet, in 1973-1974. 5. The January 4, 1963 conveyance reflects that parcel 1 and 2 aka 65 and 66, were conveyed from "Leonard Burch and Cora M. Burch" to "Albert E. Tucker and Ethel M. Tucker" 5. January 3, 1983, Land Court Case No. 21122-S --- document reflects an order that "Certificate of Title No. 29751 be cancelled and new certificate for the land described therein be issued to Marilyn Balcazar" 6. July 23, 1999—Will of Marilyn Balcazar bequeaths all tangible property to her daughter, Dawn E. Balcazar. 7. September 22, 2004 Deed —Conveyed Lots 65 and 66 from Dawn E. Balcazar, Executor of Estate of Marilyn Balcazar to Raymond and Karen Antetomaso 8. December 17, 2004 Deed ---Conveyed Lot 64 from Dawn E. Balcazar, Executor of Estate of Marilyn Balcazar to Calvin and Frances Annino. 9. I have further determined that Marilyn Balcazar owned to 63, parcel 16, shown on assessors' map 26 through November 10, 1983, when she conveyed it to Arthur H. Nelson, Et Ux. Based on the foregoing documented information, because Marilyn Balcazar owed four (4) contiguous lots, 63, 64, 65 and 66 after the time at which they became non -conforming, the two parcels in question lots 65 and 66 do not qualify for protection afforded in zoning bylaw Section 104.3.4(2) and M.G.L. Chapter 40A, Section 6, the common lot protection, so called. Accordingly, lots 65 and 66 are considered merged for zoning purposes. Therefore, pursuant to the provisions of zoning bylaw Section 104.3.4(5) one single family dwelling may be built upon such merged lots, containing a total of approximately, .39 acre, as shown on assessor's map 26 as parcel 14. Finally, this determination was made based on the information available to this department. Should additional information to the contrary be available please provide it for further review. As with all zoning determinations, you have the right to appeal this within thirty (30) days to the Zoning Board of Appeals pursuant to the provisions of M.G.L 40A, Section 15. Very truly, GD Brandolini, Oputy Building Commissioner TOWN OF YARMOUTH BUILDING DEPARTMENT 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 261 Fax 508-398-0836 August 21, 2012 Mr. Raymond Antetomaso 42 Pleasant Street Stoneham, MA 02180 CezL- Re: 25 Burch Road, Lots 65 & 66 Dear Mr. Antetomaso: 617— '0s1© I ,4"i This is to serve as a follow up to our office meeting of two weeks ago and previous Lot Inquiry determinations concerning parcel 14, shown on Assessors map 26, consisting of two lots; 65 and 66. During our meeting with Building Commissioner Mark rylls you had questioned the previous determinations which provided that the two lots in question ere required to be combined into one lot for one single family dwelling. Based on our discussion it was agreed that I would review the potential buildability status of lots 65 and 66 based on MGL Chapter 40A, Section 6 and the Town of Yarmouth zoning bylaw Section 104.3.4(2) which provides that up to three (3) lots, held in common ownership, containing a minimum of 7,500 square feet and 75 feet of frontage may be buildable. I have completed a cursory review applying these zoning bylaw and general law provisions. Based on the information available to me at this time it appears that lots 65 and 66 do comply with these exemption provisions. However, in order to make a definitive determination, it is necessary that you provide the following information: -Copy of deed recorded Document No. 327,316 Certificate No. 95020 with the Barnstable County Land Court Registry. -Copy of Estate of Marilyn Balcazar, Barnstable Probat ourt Docket No. 040027EP1. -Copies of deeds prior to the recording of the above referenced documents (if any). In order to make a definitive determination it is imperative these documents be provided. I have attempted to obtain them from the Town of Yarmouth Assessors office. However, I have been advised they do not have access to them. Also, because the previous lot inquires referred to parcel 14 as one parcel, for documentation purposes, please complete the enclosed inquiry forms for each lot, 65 and 66. Thank you. Very truly, James D. Brandolini, 3 Deputy Building Commissioner / r TOWN OF YARMOUTH BUILDING DEPARTMENT 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 261 Fax 508-398-0836 rl'�4 60 August 21, 2012 Mr. Raymond Antetomaso 42 Pleasant Street Stoneham, MA 02180 Re: 25 Burch Road, Lots 65 & 66 Dear Mr. Antetomaso: This is to serve as a follow up to our office meeting of two weeks ago and previous Lot Inquiry determinations concerning parcel 14, shown on Assessors map 26, consisting of two lots; 65 and 66. During our meeting with Building Commissioner Mark Grylls you had questioned the previous determinations which provided that the two lots in question were required to be combined into one lot for one single family dwelling. Based on our discussion it was agreed that I would review the potential buildability status of lots 65 and 66 based on MGL Chapter 40A, Section 6 and the Town of Yarmouth zoning bylaw Section 104.3.4(2) which provides that up to three (3) lots, held in common ownership, containing a minimum of 7,500 square feet and 75 feet of frontage may be buildable. I have completed a cursory review applying these zoning bylaw and general law provisions. Based on the information available to me at this time it appears that lots 65 and 66 do comply with these exemption provisions. However, in order to make a definitive determination, it is necessary that you provide the following information: -Copy of deed recorded Document No. 327,316 Certificate No. 95020 with the Barnstable County Land Court Registry. -Copy of Estate of Marilyn Balcazar, Barnstable Probate Court Docket No. 040027EP L -Copies of deeds prior to the recording of the above referenced documents (if any). In order to make a definitive determination it is imperative these documents be provided. I have attempted to obtain them from the Town of Yarmouth Assessors office. However, I have been advised they do not have access to them. Also, because the previous lot inquires referred to parcel 14 as one parcel, for documentation purposes, please complete the enclosed inquiry forms for each lot, 65 and 66. Thank you. Very truly, James D. Brandolini, Deputy Building Commissioner - �' TOWN OF YARMOUTH YMATT A � .yam BUILDING DEPARTMENT 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 LOT INQUIRY F (used for zoning purposes only) Assessors' Map No. (a Lot Lot No. _.__Street Address S. Endorsement Date of Subdivision Plan and Type (if applicable) Total Land Area (sq. ft.) 5 W Frontage Name of Current Owner A070DM AS 0 _AddressRGLMOvE MA 62 *1 Telephone No. 6 t�Y 48 `f - �S (,I Inquirer's Name (if different from owner) Telephone No. Inquirer's Mailing Address sN4t� F��Y � ✓ ✓ Building Intent Adjoining Lot Numbers / ,6 By signing this application I assert my understanding that the purpose of this inquiry is to determine whether the aforementioned lot(s) qualifies for protection afforded certain heretofore -undeveloped land and that to the best of my knowledge this lot(s) has never previously been built upo Signature of Applicant Date of Inquiry DECISION (for office use only) Does not conform to the applicable provisions of M.G.L. Chapter 40A, Section 6, Definitive Plan Exemption and/or the applicable zoning bylaw, as per the information provided on this date. Reason: Conforms to the applicable provisions of M.G.L. Chapter 40A, Section 6, and/or Section 104.3.4, Para, of the zoning bylaw, as per the information provided on this date. Comments: Protected pursuant to the applicable provisions of M.G.L. Chapter 40A, Section 6, Definitive Plan Exemption. Application is incomplete. Comments: Adequate road access must be present. A determination of adequate access shall be made by the Planning Board pursuant to M.G.L. Chapter 41 prior to the issuance of a building permit. (if applicable.) Shall satisfy Title V requirements. (See Health Dept.) Shall satisfy Conservation regulations, if applicable. Shall satisfy the Old Kings Highway Regional Historic District Commission (if applicable) Investigator's Signature Date Rev. 8/02 - y TOWN OF YARMOUTH BUILDING DEPARTMENT 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 LOT INQUIRY F�� (used for zoning purposes only) Assessors' Map No. ate% Lot No. 45— Street Address a25_ 8t,4CAt tZb Endorsement Date of Subdivision Plan and Type (if applicable) Total Land Area (sq. ft.) 4125-k 1-00 Frontage Name of Current Ownerk. Address A Af61-CAfrUr 90 Telephone No._ 612- Voc-Y- 59'�747? B GZ.*tom ,# Inquirer's Name (if different from owner) Telephone No. Inquirer's Mailing Address Building Intent Adjoining Lot Numbers 2 By signing this application I assert my understanding that the purpose of this inquiry is to determine whether the aforementioned lot(s) qualifies for protection afforded certain heretofore -undeveloped land and that to the best of my knowledge this lot(s) has never previously been bu'I n. Signature of Applicant Date of Inquiry DECISION (for office use only) Does not conform to the applicable provisions of M.G.L. Chapter 40A, Section 6, Definitive Plan Exemption and/or the applicable zoning bylaw, as per the information provided on this date. Reason: Conforms to the applicable provisions of M.G.L. Chapter 40A, Section 6, and/or Section 104.3.4, Para. of the zoning bylaw, as per the information provided on this date. Comments: Protected pursuant to the applicable provisions of M.G.L. Chapter 40A, Section 6, Definitive PIan Exemption. Application is incomplete. Comments: Adequate road access must be present. A determination of adequate access shall bTB ---- Planning Board pursuant to M.G.L. Chapter 41 prior to the issuance of a building�pplhcable�)_� Shall satisfy Title V requirements. (See Health Dept.) ``''6 3 2017 ttShall satisfy Conservation regulations, if applicable. 1NG 0EPAR,1"MENT Shall satisfy the Old Kings Highway Regional Historic District Commission (if applickbTe) Investigator's Signature Date Rev. 8/02 Brandolini, Jim From: Brandolini, Jim Sent: Thursday, July 9, 2020 4:58 PM To: 'carole@capecodera.com' Subject: RE: 25 Burch Road Carole Sorry for the delay in getting back to you. Please be advised that on August 21, 2012 and September 12, 2012 I made determinations that the lots in question were not protected, (grandfathered). I attempted to attach copies of these letters but had some computer issues doing so. If you wish I will scan them and send them to you in that fashion. James D. Brandolini, Deputy Building Commissioner From: carole@capecodera.com [mailto:carole@capecodera.com) Sent: Friday, June 12, 2020 10:51 AM To: Brandolini, Jim <JBra ndolini@yarmouth.ma.us> Subject: 25 Burch Road ............................................................................................................................................................................................................................................................................................... Attention! This email originates outside of the organization. Do not open attachments or click links unless you i are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. ............................................................................................................................................................................................................................................................................................... Hi Jim: Have a client who is in the process of purchasing a double lot, but needs clarification on the two lots. Is is possible to schedule a meeting by phone or in person to inquiry about the status if both lots are buildable? Is there a form online that needs to be completed with the required fee? Thank you, Carole Carole Phelps Broker Associate ERA Cape Cod RE www.capecodera.com Cell: (508) 685-7555 Office: (508) 398-4444 Fax: (866) 941-4732 email: carole@capecodera.com This email and any files transmitted with it are intended solely for the use of the 1 Brandolini, Jim From: carole@capecodera.com Sent: Friday, June 12, 2020 10:51 AM To: Brandolini, Jim Subject: 25 Burch Road 1 Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Hi Jim: Have a client who is in the process of purchasing a <016"lot, but needs clarification on the two lots. Is is possible to schedule a meeting by phone or in person to inquiry about the status if both%ts are'buildable? Is there a form online that needs to be completed with the required fee? Thank you, Carole Carole Phelps Broker Associate ERA Cape Cod RE www.capecodera.com Cell: (508) 685-7555 Office: (508) 398-4444 Fax: (866) 941-4732 email: caroleCa@capecodera.com This email and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed and may be confidential and/or privileged. If you have received this email in error, please do not further review, disseminate or copy it. Please delete it and reply to the sender that you have received this message. IMPORTANT NOTICE: Never trust wiring instructions sent via email. Cyber criminals are hacking email accounts and sending emails with fake wiring instructions. These emails are convincing and sophisticated. Always independently confirm wiring instructions in person or via a telephone call to a trusted and verified phone number. Never wire money without double-checking that the wiring instructions are correct. Brandolini, Jim From: Carole@capecodera.com Sent: Wednesday, May 27, 2020 3:26 PM To: Brandolini, Jim Subject: Land question Attachments: Burch Road - Two lots (1).pdf Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Hi Jim: Have a client that is looking at a piece of land in South Yarmouth. His question is this started out as two separate lots about .20 acres each. They are now listed as one and he was asking if they could be separated again so he could add one lot to his existing property that is adjacent to the land? Then his mother would like to build on the remaining .20 acres property. Have attached a copy of the land how it originally was. Thank you for your time, Carole Carole Phelps Broker Associate ERA Cape Cod RE www.capecodera.com Cell: (508) 685-7555 Office: (508) 398-4444 Fax: (866) 941-4732 email: ca rolecacapecodera.com This email and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed and may be confidential and/or privileged. If you have received this email in error, please do not further review, disseminate or copy it. Please delete it and reply to the sender that you have received this message. IMPORTANT NOTICE: Never trust wiring instructions sent via email. Cyber criminals are hacking email accounts and sending emails with fake wiring instructions. These emails are convincing and sophisticated. Always independently confirm wiring instructions in person or via a telephone call to a trusted and verified phone number. Never wire money without double-checking that the wiring instructions are correct. 1 Brandolini, Jim From: Sent: To: Subject: Attachments: carole@capecodera.com Friday, May 29, 2020 11:33 AM Brandolini, Jim Land question Burch Road - Two lots (1).pdf Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Hi Jim: Have a client that is looking at a piece of land in South Yarmouth. His question is this started out as two separate lots about .20 acres each. They are now listed as one and he was asking if they could be separated again so he could add one lot to his existing property that is adjacent to the land? Then his mother would like to build on the remaining .30 acres property. Have attached a copy of the land how it originally was. My client's property is Lot #63 Thank you for your time, Carole Carole Phelps Broker Associate ERA Cape Cod RE www.capecodera.com Cell: (508) 685-7555 Office: (508) 398-4444 Fax: (866) 941-4732 email: carole@capecodera.com This email and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed and may be confidential and/or privileged. If you have received this email in error, please do not further review, disseminate or copy it. Please delete it and reply to the sender that you have received this message. IMPORTANT NOTICE: Never trust wiring instructions sent via email. Cyber criminals are hacking email accounts and sending emails with fake wiring instructions. These emails are convincing and sophisticated. Always independently confirm wiring instructions in person or via a telephone call to a trusted and verified phone number. Never wire money without double-checking that the wiring instructions are correct. 1 d1l 211220 Sheet /0 Wood Et N 0 ��4 CPON George gyp. f 43 .� p0 44 g r3 om �• �• � 45 p 46 0 r 2 47CA N � O o ti p at e ) ti •A, 35- Okb N w. ss.• CO' tow.— c6 g o so o Q 63 - Q 01 �! F cc�s to to z - 67 $ d o 51 0o s • ' ao' to iIgo a do l to o d s IND 0 + a. s . �-/ v s s• to' mo- c- 69 g CD �00 0o e, o 0 0 o Sj G o $ x Z 0 60 z $ 0 m „ m 1° A � 50�' toy io L+ 70 •► a ioo 00 w Z o 0 W obi 00 b $ 54 $ u o 59 ,s 0 all o" Q '' 10000 s. as' zo• 201 55 I \ 56 or Scale of this plan 60 Feet to an inch PLAN OF L.dJJ IN Yt BIOUTH ;J:-,v-c Ll L. Snow, Lnginper J-into iry Iri 1 4" _ sheet 4 T/DAL POND , 417.96' p J'. yrr�pv0 a1 �R I ,i i r ppl c° ry a Ir Ls. 952 �. y,2359 eye K j 2112A?-*A /fey Sheet sheet 1 Shoe+ 2 `� l 40 ivc -90 46�� is* r4zas.2,5— ti RUN 3.57' p lo RD. tz -4! 0. Sir Q Ct % 0 iz .w Qj y O 70 0 L6 VI 347 25 o h to 461,r 244. 7,2 C. 4. 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