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Home My WebLink AboutLot Inquiry 4/21/21TOWN OF YARMOUTH BUILDING DEPARTMENT 1146 Route 28, South Yarmouth, NIA 02664 508-398-2231 ext. 1261 LOT INQUIRY FORM (used for zoning purposes only)B(lbr2-'� Assessors' Map No.—J-1-6 Lot No. 4 Street Address . C -01) beer Endorsement Date of Subdivision Plan and Type (if applicable) Total Land Area (sq. ft.) � ,2 : G o Frontage Name of Current Owner I !s Address LAI Telephone `�-- No. Inquirer's Name (if different from owner) Telephone N Inquirer's Mailing Address Building Intenty5� CJLtT V Adjoining Lot Numbers -� j 7��.�M' By signing this application I assert my understanding that the purposer s inquiry is to lot(s) qualifies for protection afford a'n heretofore -undeveloped land and that to the beret fumy knowledge h lot(s) thne whether the sed never previously been built upo . Signature of Applicant Date of Inquiry (for office use only) Does not conform to the applicable provisions of M.G.L. Chapter 40A, Section 6, De and/or the applicable zoning bylaw, as per the information provided on this date,mttpnwReaso0 BtiIL01f4C, [)L l\k _Conforms to the applicable provisions of M.Gi t� t-N7 .L. Chapter 40A, Section 6, and/or Secti�-3.4,-Par-a. _a(filg 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 he 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 " gs Highway Regional Historic District Commission (if applicable) Investigator's Signature _ ! _ __Date _ / Rev. 8/02 1ZD'Il� F I O m �0 0 Skit o m T� Q y DCo m � �0 — O (3L r Cr R B#C 12233 P'012 0 340E;s e 3059.008 QUITCLAIMDEED N O T N 0 T A N A N Ronald t. &rW Oof 94 C rry Lane, )&r pb► ,�, tta use for FIFTY FIVE THOUSAND AND 001100 (SSS,000.00) DOLLARS N O T N 0 T grant to Troy Walk 4md Katherine Walls, husband aW %Nfe, as tenants by the entireties, of 78 Station AFcT*, f alath jYgQn2 a le Massa I C I A L with QUITCLAIM CSV&ANTS C 0 P Y The land in Yarmouth, Barnstable County, Massachusetts, bounded and described as follows: LOT No 43 (forty-five) as shown on a ptan of land eutid : "Section B - Driftwood on Bass River Yamotuth, Massachusetts as surveyed for Norbert J. Kaiscr, Scale I inch - 80 fact, May, 1954, Whitney & Bassett Architects & Vic», Hyamis, Mass. Note: This plan superoodes plan book 110 page 59". Said plan afuly recorded with Barnstable County Registry of Dodds in Plan Book 120, Page 119, Subjoct to and with the benefit of all rights, reservations, easements and restrictions of record insofar as the same are m force and applicable For title see Dead rnoordod in Book 3246, Page 267. ' Exmned as a sealed instramaat this 29th day of April, 1999. J ZYO Ronald G. Stewart Barnstable, as Apra! 29, 1999 Before me personally appearod Ronald G. Stewart, ad acknowlddgod the fon*oing instrument to be his free act and deed, before me, r Brian p, Gamer Notary Public My Commission Exnires: 219/02 M r If 11ARNSTABLE REGISTRY OF DEDS 1 f r 4lowpnl Lis �c S z� 3 3 a c n fD co LA rD 3 n 77 to W 00 IIIIIIIIII�I �IIIII�IIIIIIl b 0 tf zm 2 C r �r 0 x m n + n j = m v � v � n v n p Z m 00 A o• 0 z co w r Z 00 A ,a v N C (A FD*tA � o m v ro Un 71 N r O A 3 CD M n 3 o ' C 3 �l C N J rn rD 0 d Q rD 0 a a ro a -°0 ro n, rD r-1 00 Z Z d NJ wN D s ro a a ro x L w o e N o N 0 :3❑ 0 c CA Ln Ln w �I m N 93 CRANBERRY LN Loca 93 CRANBERRY LN Acct# 15132 Assessment $33,900 Building Count 1 Current Value Valuation Yaw E• • Owner WALLS TROY A WALLS KATHERINE L Care Of Address 87 CRANBERRY LN SOUTH YARMOUTH, MA 02664 Ownership History Owner WALLS TROY A � SULLIVAN VALERIE / - SULLIVAN KEVIN M WALLS TRO Building Information Building 1 : Section i Year Bunt: Living Area: 0 Replacement Cost S0 Mbfu 118141111 Owner WALLS TROY A PID 15132 Assessment Improvements Land Total — s0 $33,900 - s33,900 Sale Price $32,200 C ertifidate Book & Page 31688/0092 Sale Date 11/27/2018 Instrument 1T Qualified U Ownership History Sale Price Certificate Back a Page $32,200 3168810092 $100 2990810225 $20,000 1 25322N048 $150,000 19117/0262 So 9394M14 1n86vMont sale Gate 1T 11/27/2018 1F 09/02Y2016 IT 03/1&2011 i1NK0 10/08/2004 10AW1994 Building Percent Good: Replaoement Cost Lees Depreciation: $0 Building Attributes Field I Description Style: Vacant Land Model Grade: Stories: Occupancy Exterior Wall 1 Exterior Wall 2 Root Structure: Roof Cover Interior Wall 1 Interior Wall 2 Interior Fir 1 Interior Fir 2 Heat Fuel Heat Type: AC Type: Total Bedrooms: Total Bthmm Total Half Baths: Total Xtra Fixtrs: Total Rooms: Bath Style: Kitchen Style: Num Kitchens Cndtn Num Park Fireplaces Fndtn Cndtn Basement Extra Feattmes Building Photo ----- -- - (tMp://imageavo.condphotos2/Yam-"AMAPhotoWAOM0945148.Ip9 Building Layout (ParcelSketch.seWpid=151328bid=15757) Building Sub -Areas (sq f# L&Md No Data for Building Sub -Areas Extra Features No Data for Extra Features i 1 11 Wti. N f IV WQ Z t1 a o N rn m � g r� G i Y I 1 x o � $ w Z co Z s b � 00 0 . n a , t, G'1 C 0 O X Ln Ln e w tg7 0 0 3 0 c x �. a Z cn Z _T ^G . { C C d ro Q " CO tA p r�D n p CL m w � ro p- ° p 0 �v d � ro orD 00 - Z Z CL oo ro � I A O ro F LA00 D ro X 00 O V C n r1 tA g O v1 O u1 p a) °; ` ; V) V1 .-t N tD ri 0 '1 87 CRANBERRY LN Location 87 CRANBERRY LN Acct# 15133 Assessment $395,800 Building Count 1 M W u 118/ 40/ / / Owner WALLS TROY PID 15133 Current value Assessment vallmo n Yew j smprovenw to Land Totd 200 $280200 $135,600 $395,800 0 Owner WALLS TROY Care Of Address 87 CRANBERRY LN SOUTH YARMOUTH , MA 02664 Ownership History owner WALLS TROY STEWART RONALD G Building information Building 1 : Section 1 Sale Price $55,000 $0 Safe Price $55,000 Certificate Book & Page 12233/0120 Sale Date 04/29/1999 Instrument 1 P Qualified U Ownership Hisimy cvW1100118 Book & Page 12233/0120 ro Yea► Buffs: 2.00 L1vMg Area: 253 � Fteplaoement Cost $292,614 Building Percent Good: 85 Replacement Cost Less Depredation: $248,700 Building Attributes 1 Instrument Sale Date 1 P 04/29/1999 /W-y- Flekt DescrV$on style: Colonial Model Residential Grade: Average 2 Stories Stones: Occupancy 1 Exterior Wall 1 1Arryl Siding Exterior Wall 2 Root Structure: a GableMip — Root Cover Asph/F GL*Amp - Interior Wall 1 Drywall/Sheet Interior Watt 2 Interior Fir 1 Hardwood Interior Fir 2 Carpet ' Heat Fuel Gas Heat type: Hot Water AC Type: None Total Bedrooms: i 4 Bedrooms Total Bthmts: :2 Total t• O Baths: 1 Total Xtra Fixers: Total Rooms: Bath Style: -_`--- Average ----- --- Kitchen Style:— Modem Num Kitchens 01 Cndtn Nurn Perk Fireplaces Fndtn Cndtn ■asernent Extra Feattu+es Building Photo (httpJfimage&vgsi.00t V"os2/YamiouthMAPhotos/AO036\P5030001 Building layout lei 14 u (ParserL%etch.aahX?pid=1513.3&bid-15758) Code BAS FUS Building Sub -Areas (sq ft) Deecripi First Floor Upper Story, Finished tinsel Arles 1,034 1,020 Lmod Area 1,034 1,020 FOP Poch, Open, Finished 512 0 UAT USM Attic, Unfinished Basement, Unfinished Utility, Storage, Unfinished Deals, Wood 11020 0 1,020 0 UST 286 0 WDK 2t?18 0 5,182 2,054 97 CRANBERRY LN Location 97 CRANBERRY LN Acct## 15131 Assessment $395,000 Building Count 1 Current Value Vahration Year Xv i Owner of Record Mblu 118142111 Owner SULLIVAN GARY P PID 15131 Assessment Improvements Land $280,300 Owner SULLIVAN GARY P Sale Price S289,000 SULLIVAN VALERIE A Certificate Care Of Book & Page 24416/0210 Address 97 CRANBERRY LN Sale Date 03/12/2010 SOUTH YARMOUTH, MA 02664 Instrument 15 Qualified U Ownership History Ownership History owner Sale Price Certificate Book $ Page SULLIVAN GARY P $289.000 24416M210 (9-11F-UTSCHE BANK TRUST CO AMERICAS w. $438,204 I 23988/0280 WALLSTROY — �._._� $500,000 19028/0219 STE"WART RONALD G s0 11481 /0341 Building Information Building 1 : Section 1 Year Bunt: 1969 Living Area: 42Y Replacement Cost: $368,821 Building Percent Good: 70 Replacement Cost $134,700 i $395,000 Instrument sale Date 1S 03/12/2010 2 1 L 08/25 UNKQ 09/14/2004 06/05/199a Le" Dear: Fkkt Style: Model Grade: $258,200 Building Athibutes Doacr-ptlon -- RR/Split Residential Average Stories: 1 Occupancy Exterior Wall 1 Vinyl Siding Exterior Wall 2 Roof Structure: Gable/Hip Roof Cover Asph/F GI&Cmp Interior Waft 1 Drywall/Sheet J Interior Waft 2 Interior Flr t Carpet I` Interior Fir 2 Hardwood Heat Fuel Gas FHeat Type: Hot Water AC Type: Central Total Bedrooms: 4 Bedrooms Total Bthmuc 3 Total Half Baths: Tote) Xtre Fixtre: Total Rooms: Bath Style: Kitchen Style: Num Kitchens Cndtn Num Pa* Fireplaces Fndtn CrK to Basement Extra Futures OX19 FPL1 EOS FIREPLACE 1 ST End Outs Shwr 0 Average Modem 00 Building Photo (http:/ftnmges.vgsi.c orrVphotos2NamiouthMAPhotos/AOO\00\45\49.jpg Building Layout tf0 ~ � 1 W we WO% , w uert x (ParcelSketch.ashx?pid=15131 &bid-15756) Bullding Sub -Areas (eq fQ La=d Gro" L" Code DescripUm Ares Arne SAS Fret Floor 1,732 11732 Pro Patio 324 0 SFB Base, Semi -Finished 9W 0 UBM Basement, Unfinished 276 0 UGR Garage Under 520 _ 0 WDK Deck, Wood sm 0 -- - --- , 4,344 11,7321 Extta Feftrw Shea Valtw Bldg e 1.00 UNITS 51,500 ; 1 1.00 UNITS 50 1 46 NICKERSON FARM WAY Location 46 NICKERSON FARM WAY Acct# 101716 Assessment $593,900 Building Count 1 Current Value Valuation Yasr 2021 Owner of Record Owner KUHARENKAALIAKSEI Care Of Address 46 NICKERSON FARM WAY SOUTH YARMOUTH, MA 02664 Ownership History Owner KUHARENKA ALIAKSEI PHILBROOK T VARNUM Building Information Building 1 : Section 1 Mblu 118/ 23.3/ / / Owner KUHARENKA AUAKSEI PID 101716 assessment Improvernents Land Totet $485,100 $1286800 5593,800 Sole Price $176,000 Certificate Book & Page 29541/0100 Sale Date 03/29/2016 Instrument 1 P Qualified U Bala Prks $176.000 $0 Year Built 2016 Uving Area: 2,228 Replacement Cost $463,954 Building Percent Good: 100 Replacement Cost Less Depreciation: $464,000 Building Attributes Ownership History Ceruficate Book d Pago 29541MIW 18070Jb243 Instrument 1P Sale Date OSM12018 12/12P2002 Field DescrWOm Style; Ranch Model Residential Grade: Average +10 Stories: 1 Occupancy 1 Exterior Wall 1 Wood Shingle Exterior Wail 2 Roof Structure: (ia *A-Np Roo! Cover Asph/F GlslCmp Interior Wall 1 CirywaN/Shest [Interior Wall 2 Interior Fir 1 Hardwood Interior Fir 2 Ceram Clay Til Heat fuel Gas Heat lype; Forced Air-Duc AC Tjlpe: Central Total Bedrooms: 4 Bedrooms Total Bthrm& 2 Total Half Baths: 1 Total Xtre FkW. 3 Total Rooms: Bath Style: Modern Kitchen Style: Modem Num Kitchens Cndtn FNum Park Fireplaces Fndtn Cndtn Basement Building Photo r {http:lfirnages.vgm--n iotos2/Yen imMMAPhotos/AO(A03\54129.1pg Building Layout wwc t, rar it (Pamel$ketch. ashx?pid-1017113Rhid-100746) Building Sub -Areas (sq ft) _... __ j&IIII1111p12 Code Desedption Grote Lhrkr,;l Area Area BAS First Floor 2,228 2,228 FGR Garage 484 0 FOP Porch, Open, Finished 180 0 UBM Basement, Unfinished 2.226 0 WDK Deck, Wood 448 0 — -- - ---- 5,548 2,228 r vti I n Cl is n n q 1 � NICKERSON FARM WAY yW i iA�Y . M r Moil '3A4il0 i n n arn 3 n s n SlNtS30 III i � v � Grylls, Mark From: Grylls, Mark Sent: Friday, June 21, 2024 7:53 AM To: ptardif@tardiflaw.com Subject: RE: 93 Cranberry Dear Atty. Ta rd if, Sorryfor the delay in responding. Thank you for your patience and for taking my call. I have reviewed your request to reconsider a decision of the now retired Deputy Building Commissioner Jim Brandolini. After a thorough review of the documents you provided I consulted with town counsel and conclude the following. The lot was approved on June 10, 1954 by the Town of Yarmouth Planning Board and because of this endorsement I feet the lot does not qualify for protection under 104.3.4 para. 2 of the Yarmouth Zoning Bylaw. As your letter indicates, section 104.3.4 para. 5 does appear to qualify this lot for protection provided the lot meets all of the criteria regarding upland, frontage, setbacks which could include averaging which is slightly different than section 203.3 of the zoning bylaw. The differences between the two paragraphs are distinct in the way lots are created. Having been endorsed by the Planning Board, the setbacks of structures will meet the criteria indicated in this section. I agree that 93 Cranberry Lane is protected from merger. As with all decisions of the Building Commissioner, you have the right to appeal per MGL Ch 40a 57 and 515 within 30 days. If you have any questions feel free to reach out. Very Truly, Mark Grylls MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES / BUILDING COMMISSIONER TOWN OFYARMOUTH (508) 398-2231 x 1260 From: ptardif@tardiflaw.com <ptardif@tardiflaw.com> Sent: Thursday, June 20, 20241:08 PM To: Grylls, Mark <mgrylls@yarmouth.ma.us> Subject: 93 Cranberry 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. Mark Any update on this buildability determination? Paul R. Tardif, Esq. Law Offices of Paul R. Tardif, Esq., P.C. 490 Main Street Yarmouth Port, MA 02675 Telephone 508 362 7799 Facsimile 508 362 7199 Website: www.tarflaw.com BE AWARE! Online banking fraud is on the rise. 1/ you receive an email containing W/RE TRANSFER 1NSTRUMONS please tali the lender or client immediately to verify the information Frlor to sending f undsl CONFIDENTIALITY NOTICE: This e-mail message including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and /or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. If you are the intended recipient but do not wish to receive communications through this medium, please so advise the sender immediately. This office will not transmit outgoing funds for parties who are not clients of this firm. P TOWN OF 'YARM'OUTH 1146 Route 29, South, Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Bu#diug Commissioner April 21, 2021 Troy Walls 87 Cranberry Lane So. Yarmouth, MA 02664 Re: 93 Cranberry Lane -Lot Inquiry Dear Mr. Walls: Please be advised that 1 have completed the Lot Inquiry for 93 Cranberry Lane, parcel 41, shown on Assessors' Map 118. The following are my findings and comments: -The parcel was created by a subdivision plan dated, May, 1954. -This subdivision plan is titled Driftwood on Bass River, Section B and was recorded at the Barnstable Registry of Deeds on Book 120, Page 119. -The parcel in questions appears on this plan as Lot 45, containing 29,560 square feet of land area and 100 feet of frontage. Note: The Assessors records show the parcel contains .67 Acres or 29,185 square feet of land area. -This parcel became non -conforming on April 29, 1980, when the minimum land area requirements increased from 20,000 square feet to 40,000 square feet. -Zoning Bylaw Section 104.3.4, Para. 2 and MGL Chapter 40A, Section 6 provides that a maximum of 3 three lots held in common ownership (at the time they became non -conforming), having a minimum of 7,500 square feet of land area and 75 feet of frontage may qualify for protection (grandfathered) from zoning land area and frontage increases. -In addition, Zoning Bylaw Section 104.3.4, Para. 5, provides that lots, up to a maximum of 3 three, held in common ownership, as of June 3, 1996, having a minimum of 10,000 square feet of non -wetland area and 75 feet of frontage may also quality for the same protection. This provision, in effect, moves the clock forward from the original non- conforming date for lots held in common ownership to, 1996. -In determining whether parcels comply with either or both of these provisions, we must review the ownership history of the parcel in question and adjoining parcels. -According to the Assessors records, the parcel in question, NoA l and two adjoining parcels 40 & 42 were held in common ownership by Ronald Stewart on .tune 3, 1996. -On April 29, 1999 parcel 40 was conveyed to Troy Walls -On September 4, 2004 parcel 42 was conveyed to Troy Walls -On October 8, 2004 parcel 41 was conveyed to Troy Walls. -On August 25, 2009 parcel 42 was conveyed to Deutsche Bank & Trust. Page 2- Lot Inquiry Determination for 93 Cranberry Lane cont'd. -Parcels 40 & 41 continued to be held in common ownership until March 16, 2011 at which time, parcel 41 was conveyed to Kevin Sullivan, into separate ownership and then conveyed to Valerie Sullivan, on September 2, 2011. -On November 27, 2018, parcel 41 was conveyed back to Troy Wall, re-creating a common lot situation with Parcel 40. A Lot Inquiry Determination was made on February 8, 2005, indicating Parcel 41 was protected. However, that determination was based on the fact that parcel 40, 41 & 42 were held, in common ownership as of June 3, 1996 and that common ownership existed on the date the determination was made.. Had they remained in common ownership, thru the present, the parcel in question, would have remained protected. In addition, had the parcel when conveyed into separate ownership, remained in separate ownership, thru the present date, it also would have remained protected; but neither of these scenarios, is the case. Accordingly, based on the foregoing information, parcel 41, located at 93 Cranberry Lane does not qualify for protection (not grandfathered) due to the fact it returned intZommon ownership after June 3, 1996, after having been in separate ownership. Therefore, it is deemed merged with parcel 40, for zoning purposes. Very truly, James D. Brandolini, Deputy Building Commission