HomeMy WebLinkAboutLot Inquiry 7/28/99f 04'
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TOWN OF YARMOU�T'H,
l 1-1[i ROUTE `'18 SOUTI f 1:ARNInUTH MASSA(:HUS£TTS
Telcl)lu>>>c (50K) :i98-:.'`_':31. Ext `361 — Fax (508) 398-
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C,0 r-tP)wjz L-OTS
13L'ILQINC; DEPARTMENT LB
BUILDABLE LOT INQUIRY FORM
4-171 S7Z,173 p�� Street
Lot No. I Assessors Map No.�
SL [LDINL.
(� f1.I_(TR1( �L
U U41 R1
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JUL 2 8 19a&:.
Endorsement Date of Subdivision Plan and Type (if applicable)
Total Land Area (sq. ft) 1 Frontage
jEr- h sAc7ar "
Name of Current Owner Address Telephone No..
inquire's Name (if different from owner)_ --r-1Ac^A3 -jf:R„ Telephone No ,544`
Inquire's Mailing Address_ lJ� E0 &-6yL
coo-t B1 L&- 3 L-oTS
Building Intent Adjoining Lot N
Signature of Applicant
A . -t "11r
v2 , -.
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I Date of Inquiryz �2a�2
FOR OFFFICE USE ONLY
ZDoesnot confowith M.G.L. Chapter 40A, Section 6, single lot exemption, or Definitive
rm
Plan Exemption and/or the applicable zoning bylaw, as per information provided.
Conforms with M.G.L. Chapter 40A, Section 6, single lot exemption, and/or applicable
zoning bylaw, as per information provided.
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 by the
planning Board (if applicable).
I" Must satisfy Title V requirements.
Must satisfy Conservation regulations, if applicable.
A, n P /L -,, 1. ' Date R
TO:
FROM:
DATE:
SUBJECT:
d LA 6-1/Z,o
TOWN O� YARMOUTH
BUILDING DEPARTMENT
1146 Route 28, South Yarmouth, MA 02664
508-398-2231 ext. 261 Fax 508-398-0836
MEMORANDUM
Attorney Bruce Gilmore
James D. Brandolini, Building Commissioner
July 28, 2009
Swan Lake Shores
(77
-e-- �/j-
FILE COPY
On July 28,1999 I received a lot inquiry concerning lots 171, 172 and 173 aka parcels 103,104 and
105, shown on Assessors' Map 49. I determined that these lots do no have legal frontage (see my
August 22, 1999 determination attached). I made this determination based on the fact the
Assessors records and deeds describe a "20' Right of Way" and not a road. A July 1 1, 1978 letter
from then Town Surveyor John Newton, states "lot 170, Swan Lake Shores Subdivision in West
Yarmouth, does not abut a Town way. Access to the property is by private right of way". The
original subdivision plan depicts a "Park" between the lots in question and Lake Road. This was
reiterated on May 23, 2000. No appeal or relief was sought.
On November 1, 2007 I received a letter from Attorney Denis N. Yurkofsky requesting a
determination on lot 171, parcel 103. On December 3, 20071 determined the parcel lacked legal
frontage. No appeal or relief was sought.
More recently, despite these determinations, parcels were sold to other individuals; Denise Sousa
and Phillip Proia. Both contend the twenty (20) foot Right of Way satisfies the frontage
requirements. In response to that contention I requested any additional information the Town
Engineering Dept. might be able to provide (see my October 21, 2008 memo to Doug Wrock).
Doug provided me with a "Chain of Title Lake Road "Right of Way" Lots 170-175 Swan Lake
Shores. On November 19, 2008 I wrote Ms. Sousa reiterating my prior determinations. No appeal
or relief was sought.
On July 22, 2009 Mr. Proia and I had a conversation with respect to the same issue. He insists the
Right of Way satisfies the frontage requirement.
In order to bring this issue to a head, I request your legal opinion with respect to the Right of Way
constituting legal frontage. I am attaching the correspondence and reference documents for your
review.
we,
TOWN OF YARMOUTH
1 146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 BOARD OF
Telephone (508) 398-2231 Ext. 285, Fax (508) 398-0836 APPEALS
MEMORANDUM
Denise S. Sousa rSEP 3 0 2008
From: Rhonda LaFrance, Office Administrator
Board of Appeals
Date: October 1, 2008
Subject: Lake Road, West Yarmouth
Per our telephone conversation this morning, I am returning your partial Board of
Appeals application and check, as it is incomplete and does not have plans attached.
My understanding is that you wish to ask to overturn the decision of the Building
Inspector from a decision he made in July of this year, and for the Board to waive the
fines he has imposed. According to MA General Law 40A §15, the time period in which
to do that has lapsed. As to your request that the Board of Appeals cancel the fines that
have been imposed, the Board has no authority to cancel or waive fines. You have also
asked to build a summer cottage on the lot but provided no plans. You have also asked
to be allowed storage of a recreational trailer on the lot, but you indicated that you will
be removing the trailer as soon as a tree has been removed.
As we also discussed, there have been a few inquiries in the past asking for a zoning
determination as to the lot's buildablity, and the past determinations that have been
made is that it's not a buildable lot. If you have new information with regards to that lot,
please contact the Building Commissioner. If you wish to proceed with your request for
a Variance to build a home, I have included a new Board of Appeals application which
includes instructions on filing a petition with the Board. I also suggested that you seek
legal council prior to proceeding with formal site and building plans.
I also went to the Assessors office to inquire about a subdivision plan on your behalf,
and have included a copy of a portion of the sub -division plan which shows your lot,
prior to the creation and improvements to the two lots on Lake Road, # 16 & #22, in
front of your lot.
If you have any questions or I can assist you on this end, please feel free to call me or
email me.
Cc Building Department
July 11, 1973
To whom it may concern;
Lot 170, Swan Lake Shores Subdivision in "Jest Yarmouth, Y,,
does not abut a Town way.
access to the property is by private right of way leading
from Lake Road, a Town way.
Very truly yours,
9- -Qf - �'
John L. Newton
Town uzveyo r
11H/M c
TOWN OF YARMOUTH
BUILDING DEPARTMENT
1146 Route 28, South C7
outh, N A 02664 508-398-2231 ext. 260
May 23, 2000
Mr. Thomas Giffin
15 Edgewater Drive
West Falmouth, MA 02536
Dear Mr. Griffin:
Reference is hereby made to your letter concerning Lot numbers 103, 104 and 105 shown on
Assessor's Map, 49 Lake Road and your Buildable Lot Inquiry Form that you completed on July 28,
1999.
Please be advised the lots in question do not qualify for protection under Section 104.3.4 of the Town
Zoning Bylaw for the following reasons:
1. The lots lack legal frontage as defined by MGL Chapter 41, Section 81L and as defined in the
Town Zoning Bylaw in Section 500.
2. The lots are currently in separate ownership, therefore, the lots either combined or separate, lack
the qualifiers for protection and are therefore not grandfathered.
This decision may be appealed within 30 days to the Zoning Board of Appeals pursuant to MGL
Chapter 4A, Section 14.
Very truly yours,
James D. Brandolini
Building Commissioner
JDBIIk
a:tg
FROM; THOMAS J. GRIFFIN
SON OF JANET M. SAVAGE LOT K- 171
NEPHEW OF LEONARD SANTAMARIA LOT K-173
COUSIN OF LYNNE WATSON LOT K-172
TO; MR JAMES BRANDOLINI
YARMOUTH BUILDING INSPECTOR
SUBJECT; BUD -DING LOT INQUIRY LOTS K-171X-172,K-173
ON JULY 28TH 1999 WE WERE DENIED AN APPLICATION FOR BUILDING
PERMIT AT THIS LOCATION. THE REASON WAS NO FRONTAGE. ONE
REASON FOR DENIAL WAS THAT WE FAILED TO GIVE YOU ALL OF THE
INFORMATION ABOUT THE LOTS. WE. ARE ATTACHING A COPY OF THE
DEED TO THIS LETTER FOR A BETTER DISCRIPTION OF THE PARCEL.. A
HOME IS CURRENTLY BUILT AT THIS LOCATION UTILIZING THIS RIGHT OF
WAY ACCORDING TO THE DEED. THE ADDRESS IS 24 LAKE RD. K-170 LOT
WE AS RELATIVES ARE CONSIDERING COMBING THE LOTS INTO ONE TO
BETTER ARE CHANCES FOR BUILDING A TWO BEDROOM HOME THERE.
WE APOLOGIZE FOR NOT RESPONDING WITHIN YHE THIRTY DAY PERIOD
BUT AFTER GIVING IT CONSIDERABLE THOUGHT WE DECIDED TO PERSUE
IT FURTHER WE ALSO REALIZE THAT WE MAYBE DENIED AGAIN BUT
WOULD LIKE TO APPEAL THE DECISION IF NECESSARY.
ON NOV. 3 1999 I MET WITH YOU BRIEFLY AND WE SPOKE ABOUT THIS
MATTER YOU SAID FOR ME TO WRITE YOU THIS LETTER AND PROVIDE
MORE DETAILS. YOUR ASSISTANCE IN THIS MATTER IS GREATLY
APPRECIATED,
SINCERELY,
THOMAS GRIFFIN
508 548 5259
1pC(� III MAY 19 ZOOU D
MQ . Wiu Qoj-'-rQr-
9oEAsc�- C1,. mt!!' K- y o u Z,
FROM; THOMAS J. GRIFFIN
SON OF JANET M. SAVAGE LOT K- 171 0 t o
NEPHEW OF LEONARD SANTAMARIA LOT K-173 *41q
COUSIN OF LYNNE WATSON LOT K-172 ,014
T0; MR. JAMES BRANDOLINI
YARMOUTH BUILDING INSPECTOR
SUBJECT; BUILDING LOT INQUIRY LOTS K-171,K-172,K-173
ON JULY 28TH 19W WE WERE DENIED AN APPLICATION FOR BUILDING
PERMIT AT THIS LOCATION. THE REASON WAS NO FRONTAGE. ONE
REASON FOR DENIAL WAS THAT WE FAILED TO GIVE YOU ALL OF THE
INFORMATION ABOUT THE LOTS. WE ARE ATTACHING A COPY OF THE
DEED TO THIS LETTER FOR A BETTER DISCRIPTION OF THE PARCEL. A
HOME IS CURRENTLY BUILT AT THIS LOCATION UTILIZING THIS RIGHT OF
WAY ACCORDING TO THE DEED. THE ADDRESS IS 24 LAKE RD K-170 LOT
WE AS RELATIVES ARE CONSIDERING COMBING THE LOTS INTO ONE TO
BETTER ARE CHANCES FOR BUILDING A TWO BEDROOM HOME THERE,
WE APOLOGIZE FOR NOT RESPONDING WITHIN YHE THIRTY DAY PERIOD
BUT AFTER GIVING IT CONSIDERABLE THOUGHT WE DECIDED TO PERSUE
IT FURTHER. WE ALSO REALLL THAT WE MAYBE DENIED AGAIN BUT
WOULD LIKE TO APPEAL THE DECISION IF NECESSARY.
ON NOV. 3 1999 I MET WITH YOU BRIEFLY AND WE SPOKE ABOUT THIS
MATTER. YOU SAID FOR ME TO WRITE YOU THIS LETTER AND PROVIDE
MORE DETAILS. YOUR ASSISTANCE IN THIS MA77ER IS GREATLY
APPRECIATED.
SINCERELY,
THOMAS GRIFFIN
508 548 5259
-
NI -
NOV
21999���'
1 L ,
BOOK4915 ► Z-,E 040 0768.3
QUITCLAIM DEED
m
.- formerly Edith P. Flynn, surviving tenant by the
entirety, of 8 Lombard Street, Dorchester, i,iassachusetts 021241
for nominal consideration paid, grants to: ,
_riussell �J,��yttn an(Ed�,th, p, pynn, husband and wife
a. ,
s tenants by the entirety , both of d Lombard Street,
Dorchester, Massachusetts 02124.
with
QUITCLAIM COVEIIANTS. — two certain parcels of land situat]
in YARIfOUTH, in that part called West Yarmouth, Barnstableed
'
County, Miassachusetts, together with any buildings thereon, being,
bounded and described as follows:
PARCEL 1.
I
On the SOUTHWEST by Lake Road, as shown on a plan hereinafter
described, 139 feet, more or less;
On the :JORTi-i �
by Lot #176, as shown on said plan, 100 feet; I
On the TORTHEAST by Lot 1175, as shown on said plan, 50 feet;
On the. NORTHEAST by Lot ,174, and Lot '173, as shown on said
main plan, lOJ feet; and
On the SOUTH plan,
the southerly ore - half of the Par;. Lot, as �
shown on said plan.
Being the 140RTHERLY 03E-1iALF OF THE PAR,-,
of land entitled .... "Swan Lake Shores r LOT as shown on a plan
which Plan is recorded in Barnstable Countys:;e�;istr,r ofet Yarmouth�i)eedssinP
Plan Book
ya/K3
This conveyance is subject to right of way for the benefit of the �
owners of Lots #170 through W175, said right of way to be`twenty
(20) feet -wide and to be located as follows: Along the North and
Northeast side of the granted premises so that said right of way !
shall, abut and run parallel with the south boundary of Lat #176, i
and shall abut•and run i;arallel with the southwest boundary of I
Lots #175, #174 and ,#173.
Together with h and subject to a rights of way and easements ox
record, insofar as the same are now in force and applicable.
For title to the above parcel., see deed from Edith
surviving tenant by the entirety to James D. Flynn and
Flynn, dated November 1, 1977, duly recorded in the
Vounty Registry of Deeds in Hook 2610 Page 140.
PARCEL 11.
On the SOUTHWEST
On the i; OR a H
On the MR fi-IE AST
)n the SOSIHEAsT
the SOUTH
P. Ryfa,
Edith P.
Barnstable
iI
y Lake Road, as shown on a plan hereinafter
described, 139 feet, more or less;
by the northerly one-half of the Park Lot as �
shown on said plan; i
by Lots i/172 and i;171, as shown on �d a' l
1O0 feet; s pan,
by Lot #170, as shown on said plan, 50 feet;
and
by Lot #169, as shown on said plan, 100 feet;
Being the SOUTIi-RLY O:V'F,- ?ALn OF T iL p IZ4 r 0T as shown on a plan
�f land enter d....'13var. Lake+S!3ores, �lesn f Yarmouth, :Mass. 11 , Mich plan is recorded in Barnstable County ,_egist_ %r at Deeds in
�l.an.. .
'his conveyance is made subJect to a right of way fcr• the benefit
PERCOLATION TEST LOG Time: 1 1100
Lot No.; Street: FF , COnDl Date: 9 -9-
Engineer: alth Agent: n�
Expansion Area:Yes: No: Suitable/Subsurface Sewage:Yes:_No:
_
Expansion Area Tested:Yes: No: Leaching Field:—Pits:Trenches:
1 f No -Wiry? Unsuitable: Why? .___
Well: Town Water: Subdivision/Owners I Name:
Ske tch :"� L,
Test #1Test #2
Water At: Ft.
'p '
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ACCT# 49 .101 MAP 042 LOT K1
LOC 00022 LAKE RD
Plan .3
AGE
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LOC 00016 LAKE RD
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LOC 00014 o0z,
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AC ' PLAN NO. I6.�
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DATE
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PRICE
ACCOUNT NO.
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LOC 00018 LAKE RD (OFF)
ACCT# 49 .�04 MAP 042 LOT K172
LOC LAKE
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ACCOUNT NO.
Map ACCT# 049. 106 MAP 042 LOT X170
Addi LOC 00024 LAKE RD
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19-7
���etA7TA,
TOWN OF YARMOUTH
BUILDING DEPARTMENT
1146 Route 28, South Yarmouth, MA 02664
508-398-2231 ext. 261 Fax 508-398-0836
MEMORANDUM
TO: Douglas Wrock, Town Surveyor
FROM: James D. Brandolini, Building Commissioner
DATE: October 21, 2008
SUBJECT: Swan Lake Shores
On July 28, 1999 a Lot Inquiry was submitted to this department to determine whether parcels 103,
104 & 105, shown on assessor's map 49, aka lots 171, 172, & 173 were buildable. On August 22,
1999 1 determined that the parcels in question were not buildable because they lacked the legal
frontage as defined by MGL Chapter 41, Section 81 L and the town's zoning bylaw Section 500.
This was predicated on the fact that Assessor's map 49 and a copy of a deed provided, depict the
access to these lots is a "Right of Way" and not a road.
On November 5, 2007 an Attorney by the name of Denise N. Yurkofsky made a similar inquiry for
parcel 103, aka 14 Lake Road. My finding was the same; that is, the legal frontage was not present.
More recently a Ms. Denise Souza purchased parcel 104, and a party by the name of Phil Proia
purchased parcel 105, so I am advised. I have had conversations with both individuals and they
both allege the "right of way" is a road. I have requested that proof be provided to that effect, but
only a copy of another deed was submitted to me, which includes the words "right of way".
In an effort to settle this matter I request whatever input you can provide with respect to the alleged
road layout, versus a right of way. I also understand that this subdivision layout included a
playground in the area of the right of way. The questions boil down to these: (a) was there a road
layout in the original subdivision for the parcels in question, (b) was there a road layout subsequent
to the original subdivision plan, (c) if a road was laid out, does it currently have adequate access
and (d) do the parcels qualify for grandfather protection afforded in zoning bylaw Section 104.3.4
and MGL, Chapter 40A, Section 6. If in fact a road was laid out, the Planning Board would have to
determine the adequate road access issue and will determine if they qualify as being grandfathered.
In the final analysis, these last two determinations are moot if the parcels lack legal frontage.
Thank you.
Chain of Title
Lake Road "Right of Way" Lots 170-175 Swan Lake Shores
1. 1926 Plan Bk/Pg 20/15
Subdivision Plan was created "Swan Lake Shores"
"Park"on Lake Road shown as part of road lay -out. No boundary line on
street side. Lots 169 — 176 surround/abut "Park"
2. 1936 Bk/Pg 558/402
"Park" sold to Morton Collingwood
Deed dated 1936 - no description
Recorded 1939
3. 1961 Bk/Pg 1106/190
Morton Collingwood sold to Alan Hunt
Referencing Probate Estate 58169 mentioned "Park Lot" with no other
description.
4. 1962 Bk/Pg 1143/344
Alan Hunt to Ellen Sena —"Park Lot" with description "on west side" "by
Lake Road" from "Swan Lake Shores"
5. 1963 Bk/Pg 1196/108
Ellen Sena too William Ryfa -1/z of "Park Lot" with description —
"Northerly Southerly one-half'
With the conveyance a creation of a 20' "Right of Way" for owners of
Lots 170-175
6. 1963 Bk/Pg 1196/110
Ellen Sena too William Ryfa -1/z of "Park Lot" with description —
"Southerly one-half'
With the conveyance a creation of a 20' "Right of Way" for owners of
Lots 170-175
7. 1971 Bk/Pg
"Lake Road" as laid out by the Board of Selectman by John Newton Town
Land"
c°py`_
i On the NOR'IRWT by Lot 9-175, i ,. , s,n on said plan, fifty (50) feet;
On the N01MMAST again by Lot 9174 and U,. 2173, as shown on said plan, one
I; hundred (100) feet; and
On the SOUTH by the southerly one—half of the Park Lot, as shorn on
said plan:
Being the NORMERLY one—half of the PARK LOT as shown on a plan of land
entitled, "Swan Lake Shores, nest Yarmouth, Hass.", which plan is recorded in
Barnstable County Registry of Deeds in Plan Book _�2, Page I5.
This conveyance is made subject to a right of way for he benefit of the
owners of Lots 9170 through 0175, said right of way to be twenty (20) feet wide
and to be loacted as follows: Along the north and northeast side of the granted
premises so that said right of way shall abut apd, xun parallel with the south
boundary of Lot 2176. and shall abut and rvo parallel with the southwest boundary
of Lots 9175, 9174 and s173.
Together with and subject to rights of way and easements of record insofar as
same are now in force and applicable.
For our title, see deed of Alan T. Hunt t� us dated January 17, 1962 and
recorded in Barnstable County Registry of Deeds in Book 1143, Page 344.
(� " NtYEALTH Cf WMALHLSETTS
�2 DU
}Ri —
{ _
� ea. �.eery •-=
I, JOSEP9 R. SEN A, husband of Ellen N. Sena, wad
1, ALVIN R. GOLL.IFF, husband of Florence 4, .oiliff,
cu'tes,
release to said grantee all rights of tenancy by she auftX , .r and howealaad and other interests therein.
Vitness our hand; and seal a this {' day of �%� '` ( 1963
a
lab
am
�tt�DIIAIIQIIlilElt�I PP�?+'18fIthll>��
Barnstable ss. ld� �. (' 19 63
Theii personally appeared the above named FLORENCE H. GOLi.1FF,
and acknooledged the foregoing instrument to be her free act and deed, before me
Notary Pubfic — Xp 0MxW)O x
My commission expirp4h] i R 19 Jp
Barnstable, 8e., Received April , 1963,'-'�d is recorded.
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MAaaACHVaaTIN QUITCLAIM Oct* tHOaT roAM !INDIVIDUAL) sal
hilux 1bUti 197 05078
WE, THOMAS GRIFFIN, JR. and JANET GRIFFIN, husband and wife, tenants by•the
entirety, both
of Framingham Middlesex County, Mwuhttutn,
duhfyxarfnt+tWA#* for eowldemdon pain tad in fLI1 rot=rideration of nominal consideration, being
consideration of less than One Huldred ($100.00) Dollars a
granuto JANET M. GRIFFIN
of 798 Old Connecticut Path , Framingham, Massachusetts with quiklutm raarnalits
the ltadln Yarmouth (West Yarmouth), Barnstable County, Massachusetts, being
Lot numbered 171 as shown onlgPLn e2t�iN� 1 d°Sranr�ake Shores, West Yarmouth,
Mess., Donald T. Fenton, Trustee, dated Dec., 1926" and recorded with Barnstable
County Registry of Deeds Plan Book 20, Page 15.
For title see deed of Emilio Merullo, dated October 19, 1962 and recorded
with Barnstable County Registry of Deeds Book 1209 Page 73.
�9 lus
....
�� ^
.. � ° 1 ,...... R�44mbR!"..,.. r.., ...19., 72,
head read �
Mht 0am=11wraltb at �aaearlivatttlt
tt. December ;Sl 14 72
Then personally appeared the above armed Thomas Griffin, J r .
and tckrtowledged the foregoing instrument to be his! , itee t to ,
�..�,...
PV//
11 ti of tht t+nteRECORDED FEB241973m, e,>�oa �irn lt��
(a,Iadltfdutl--Jolat T—Ass--Teaantla !n Common —Tenants by the 8a6reh'.)
CaApM !t! 8gC 6 AS Al =111) by CKAPM 07 OF 150
Dvtrrr� drod pmmted far record .lull eoMain or ha•e •od �ucd ,:pna It the full tome, n1w"n ,ad pwt oaln wwreu of the armm
and r teelul of the @tmunf of tlu full eauidrtaUQn tMnvf is .ct'+n or the nature of the othtr �tafdmtlo+t lhudor 1! not deli.and for
• swifie monour/ sum. Thefuull,eonldremai,innlnsaltlham eteos OAIWWd redormmenu anfor the d er�nlmttull b,drem dt>a�fot P•+t 40?d al dte .
euenbtsnre, assumed b► tM p
ysiiw• to mmplr with this "k* shall oot effen Of r,lldlry of . ay deed No trs4ter of deeds ,lull arttpt s dead w rawrdlar ua1eM
It a to Letaphan" with the ttgviremmu of this smloQ.
10/14/2008 13:36 4077657213 STAPLES PAGE 01/04
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10/14/2006 13:36 4077657213 STAPLES PAGE 02/04
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C°PY '-- i P-/� G J eeds
On the NORTEAST by Lot e175, as rhwo on sold plan, fifty (yn) feet;
Ou the Kolam= again by Lot 9174 and Lot $173, as sbatrn ost void plan, can
hundred (100) feet; and
oft the SOOTS by the southerly ono—balf of the Park Lot. as shown on
said plans
I
Being the NORVSHLT one—half of the PARK LOT on a plan of land
entitled, "Swan take Shoats, Wept Yarmouth, Me which Ion is rocotded io
Barnstable County Registry of Deeds in Plan pegs 5.
This ecnveyance is made subject to right of tray f the benefit of the
owners of Loots 9170 through 4175, sold -glit of way t e twenty (20) feet wide
and to be loaeted as follows: Aloag the orthaast side of tho granted
premises so that said right of way shall abut and no parallel ritb the South
boundary of Lot D176, and shall abut and run parallel with the southwest boundary
of Lots 9175, #174 and 4173.
Together with and subject to rights of way and easements of record insofar as
same aro now fu force and applicable.
-J
Fur our title, see deed of Alan T. Runt to us dated January 17, 1962 and
recoudud in Barnstable County lidgistry of Dueds in Book I143, Page 344,
CL'N:klMYEALTH OF MA35ACH4017TS
1DEED� L,JdC�ISE
1. JOSgpR q, SUM, husband of 611on N. $one, and rsamuaZPQ0 aaca�amamS
1, &LVIN R. GCLZJ-wF, husband of Florooce M. Gu111ff,
torte
r0tsus t� said grantoo all rigbsrs sir rm,%ev by vir cim t+ar 4rW Aonwalead and other sntoteels t!rNteln
ti
GIlnLSC our Irunds wrd 9en; 9 tl.iu `v= y day of � 19 63
QM
� �ulnonlnes�huf �ar�schtlsetts
Barnstable sd• C�/�� f
Thu r porzonally appoarod the ubovn nurnod FLORENCE IE. GOi.UFF,
10 63
wW eknutirledgdd ;he fortgoing Wtrurndnt to bo her free uet and ducd, Word mn
Notary Puli4 — Ahfnrlo¢Y%bc7�or+�I
My uomauswon
Barnstable, sa., Received April , 1963, 4d is recorded.
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ASSUMED BY THE TOMM OF YARMOUTH
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TOWN OF
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CITATION Na: YAR
pp _j,N NOTICE LEFT WITH
TOWN OF
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icy
TOWN OF
YARMOUTH
NO'nGE OF
VIOLATTON
OF TOWN
FIVI'd OR
NAME OF OFFENDER:
NOTICE LEFT WITH —
ADDRESS OF OFFENDER:
NAME OF OFFENDER: i.
NOTICE LEFT WITH
ADDRESS OF OFFENDER:
CITY,
DATE OF VIOLATION. I
CITATIONNO.: YAR
DATE OF VIOLATION:
TIME OF VIOLATION:
S1A7: ZIP:
----- — — CITATION NO,: YAR
DATE OF VIOLATION:
TIME OF VKXATION-
LfC. Jr & ST STATE:—
- DATE OF BIRTH:
YOU HAVE BEEN OBSERVED VjoLATM: AT, (o--ftftav
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FINE AMOVW. ku
I OF
NAME OF OFFENDER: CITATION NO.: YAR
NOTICE LEFT WITH
DATE OF VIOLATION:
ADDRESS OF OFFENDER: I TIME OF VIOLATION:
CITY. STATE: —ZIP'
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LIC. # & ST DATE OF BIRTH:
YOU HAVE BEEN OIL�ERVED VIOLATING: Lu
:)F WWa'y bO— 8
IN BY- cf)
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AM aFINEAMOIJISIT-4300.
wwery
I HEREBY ACKNOWLEDGE RECEIPT OF c5wiON
ION EMPLOYEE NUMBER
tow— a dc PW-4
of offerxkr
�f%LDMM&TMWJMSINretSMAMRBdwoption (I)oropbm(2)wgopw&a3afirW&potftoi,wthw.mjb 0 ukrkWrecord
@ydE=tDpay twabove 2w,wwwbyappn* in pawnor fto4 2duly A#0tMd Wt. OrbY MAN a dnck. ffoM Offt OrPostal n* MTHN 21 DAYS OF THE DATE OFTHIS hWato:
Clerk bend Ymmixiti, 1140 M* Sna SOLO Umwh KA 026FA.
Ina oopyd V* CtWm WTTM21 DAYS OF THE BATE OF THS NOTICE to: Clerk MagISM,
'COXI DePL. First Barrmbble OWskrI, Main SVaeL wnbue, MA 02630.
are YOU fait appear for ft I'littlT OriDpay XWhie ddffMkVd at ft WartV totedue, a crkr: * cue ,r%2ybatuned apkwyou.
LECT TIE RIMT WITON &m wrdess #*dIa=dwgK&Wendow pa)m,o lathe aticu of$
HEPAM on Cris n
V Dab
"t, -, t tt Y-r . xv 1 t1mr, vYd L-u t t11
LOC 00022 LAKE RD
44, Plan %i:� .�
AGE
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YARMOUTH
GRANTEE �U� m� 0
Deed dare J �9 36, Rec. date Q + y a 9 Plan No.
Instrument (�, Sub. to Mtg. of
Consideration
Rcv. stamp ,.
Ass'd Val
> 8 P6g8 4 a
Lot No.
Street
Description Q.GCs ry y A4,�,�f , Gt c[C, 9� ,�,yv 9G o yc a& Awl
za,2&
IAI ,Q L. L A--s /--0 /v 7'
Co L L l A-16-1✓ 00 O
s
1 11 I' ., ., � r 1• I l � .t. 11 .J ��^1_J .� �, 1�/U r
.1ri.'r :'J' r:1, Ittnr�Iy .1^11v COU-),y,viv�il, of Not ; Navc•-1, :nu,
d ux s; c�x�oxv sv�x tiima tic
1�beint) *tr,; cr 11.1 r11n5idertrti0ri j)jIiu, urnnt to 1tr1N '1. !I111V"T
of S..uth flnrtsich, Nassnchusrqts with gtlit[Irtfnz courititnN
OW lAndin Yarmouth, that part cal led '•'est Yarmouth, 3arnstahle County, Massachusetts.
bounded and described as fn1lows:
PARCEL I L!ats_-'t75. �;76.1137—A, 17tM n10I A and ''ATT IPT as shown on a plan
of land entitled, "c;-ran Lake Shnres. "'rst Yarmouth, NI, assachusetts".
rvtlich said plan is recorded in Barnstable County Tegistry of Deeds
in !'Tan Book 20, "age 15.
PARCEL II: All our ri(lht, title and interest in and to all the land shown on
a Man of hind entitled, "Swan Lake Shores, "►est Yarmouth,
r iissachusetts", t•:ltich said i)lan is recor_cl(;d in Ilarnstahle County
Registry of Deeds in Plan `nok 20, Pacgr. I5.
Fnr our title sec Probate of the f,.state of 'llortott Coll i nrg•vr)od being "l_ mouth
prnhatc ,In. 5.1169.
/ c.
I , CDIIAI D R. GAR ,IDF, husband of the, said NATALI'. GARSIDE, release to said grantee
all rights of tenanry by the cur-tesy and other interests therein.
ti,k v �ct�cd�f x74t x�i : �a�c:texao�d_�xx
I, l IRENI flI`;Y-:Y, huslza7ri of tiie said JIW1 1)15Yi Y,
r.. Ir:isr Ic, •:rill �r:rirtl 1 ;ill rii;lrt�; Ilf t, Plartcii ur, the curfesy0mvi Nt+:sticl of i,or intr�lt �t� tlrrr/ iti.
Gifiirs$ nur lr:rnll5 mid --AS this 1jt?Z l; I,f Fe'bruar,,-, 1;i 61
s, �� � �.u>rAenwu)n f r IiLSITJ E_. <; EN' A of Srvi llC,' M S'sa6Mset ts
i-ld Fivrence M. Goltiff of South �'armouth. Massachusetts. as tenants in common
' xo(x %vitIl Q110TIrtim cc, ""'ul
tIw jlm(i In Yar[outh, that part called West Yarmouth, Barnstable �'ounty,
f Massachusette, bounded and described as follows
On the WEST' by
On the NORTH by
On the NORTHEAST by
On the EAST by
On the SOUTHEAST by
On the SOUTH by
Lake Road, as shown on a plan hereinafter
described;
Lot 0"176, as shown on said plan, one hundre
(100) feet;
Lot #175, as shovin on said plan, fifty (50)
feet;
Lots #174, 173, 172 and 171 as shown on
said plan, two hundred (200� feet;
Lot #170, as shown on said plan, fifty (50)
feet; and
Lot #169, as shown on said plan, one hundre
(100) feeti-
Being the PARK LOT as shown on a plan of ]and entitled, 'Swan Lak
Shores, West Yarmouth, Massachusetts".. which plan is recorded in
Barnstable county registry of Deeds in Plan Book 20, Page 15.
For my title see dead of Natalie C%. Garside at al to me dated
February 15, 1961 and recorded in Barnstable County iegistry of Dee
in Book 1106, Page 190.
1, MAR Y C . H UNl' (of .•:j icl l;r:u1141
rclr:ut� to �:�i:! �;r;iutc�� nl! ri�;llls �,fZ�34�[gCb4Aa��4sC�6.�/�lurrr•r r�n�l hnrx�•.cr!�ad ;itrcl uth��r ilrti�rust� llz��rt�in
'[t
1' /QC'�9 — i I � i
)ifilC$9 DUT Ir;ttiriB atrcl x�a1s this ,' j (layof
�' N
108
Third In the event the ownership of the nVaged premises, or any part thereof, becomes
vested la a person other than the Mortgagor, the Mortgaggee may, without notice to the Mortgagor,
deal with such successor or successors m interest with r2emoe to the mortgage and the debt hereby
secured, in the same manner as with the M o, without in way Vitiating or discharging the
Mortgagor's liability hereunder or upon the de herebyrsecured. No sale of thepromises; hereby
mortgaged and no,furbearance on the part of the Mortgagee and no extension 9f the time for the
payment of the deb\hereby secured ggivrven by the Mortgagee shall operate to ref- Q(�Se, discharge, mad.
4, change or affect origfnal h bility of the Mortgagor herein, either in w e or pert
.... ...... .... .......... . ...........................
r
premises.
alitulm - handA(BDMM=MnMa%1tt4
y of _.....,. u�...... 19..63.
tta
Barnstable . ss. April i 1 , _.... 19.(3-31,
'Phen personally a peered the above -named William Bib ............ .
and acknowledged the foregoing instrument to be b6t free act and deed, a me,
rr
My commission expires 19
Barnstable, sa., Received April 1.1, 1963, and is recorded.
Vs. RUEN L. SBNA, being married, of Somerville, Massachusetts,and FL.ORENCE M.
6OLLSFF, being married, of Yarmouth, lfessachasetts,
Kk
ko6wmx mmmisut for consideration paid, grant to VILIJAM fiYFA and EDITH P. BYFA, husband and
wife as tenants by the entirety,
of TT Walnut Street, Somerville,
with quifrlaim iDamsnts Massachusetts
the land in Yarmouth that part called west Yarmouth, Barnstable County, aassachusetts,
bounded and described as follows:
On the SOUTHWEST by Lake R08d, as shown oa a plan hereinafter described,
one hundred thirty-nine (139) feet more or less;
On the NORM by Lot *IT6, a$ sham on said plan, one bnndred (100)
feet;
On the NORTHEAST by Lot 8175, as shown an said plan, fifty GO) feet; 1774
On the NOMMAST again by Lot 2174 and Lot 9173, as shown on said plan, one 1196
hundred (100) feet; and
109
On the SOM by the southerly one-half of the Part Lot, as shown on !
said plan:
Being the NORMBLY one-half of the PARK LOT as sham on a plan of land
entitled, "Swan Lake Shores, ?lest Yarmouth, Mass.", which plan in recorded in
Barnstable County Registry of Leeds in Plan Book 20, Page I5.
This conve anee is wade subject to a right of way for the benefit of the
owners of Lots 170 through w175, said right of way to be twenty (20) feet wide
and to be loacted as follows: Along the north and northeast side of the granted
premises so that said right of way shall abut and tan parallel with the south
boundary of Lot 4176, and shall abut and run parallel with the southwest boundary
of Lots 9175, 2174 and 9173. w
Together with and subject to rights of way and easements of record insofar as
same are now In force and applicable. y
-�
For our title, see deed of Alan T. Bunt to us dated January 17, 1%2 and z
recorded In Barnstable County Registry of Deeds in Book 1143, Page 344.
!z�
1 Ct—KM— VEALTM CF MkWAEHES_ETTS
� i)EEDs k:�c�SE
2 Rf9:1'S7
z
z
I, JOSBPi SRNA, husband of Men N. Sane, and xxs0anmop�q�afataw�oat4 F
IALVIN R. GOL.L.IEF, husband of Florence M. Golliff,
curtest'
release to said grantee all rights of tenancy by the �Y/dower and honuekad and other interests therein. j
Afflitneae oar hands and seal s this day of �% 19 63 .{
e.
dw
fo
4
�Cef�araroettltht¢iL�
Barnstable A,�- / 19 63
Then personally appeared the above named FL01WCE N. 60L.iIFF,
t
and acknowledged the foregoing instrument to be her free act and deed, before me
r •TAg Public — 2 a� 7tLOCla�t JlV\'
My commission expires k 1 1 19
Barnstable, ss., Received April 11, 1963, and is recorded.
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TOWN OF YARMOUTH
BUILDING DEPARTMENT
1146 Route 28, South Yarmouth, MA 02664
508-398-2231 ext. 2611 Fax 508-398-0836
November 19, 2008
Ms. Denise Sousa
10 Oak Terrace
Bellingham, MA 02019-2240
Re: Swan Lake Shores
Dear Ms. Sousa:
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 81L 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.
Parce �.15 acre of land or 6.534+/- auare feet: uarcel 104 contains .13 Acre of land or
5,662+/- square feet and parcel iris . r_ ac�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 Q1—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: hnspector Andrew Arnault
Enclosure: I
CERTIFIED MAIL
gat
J'w�
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AlrN
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Ao09
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Sri
R
TOWN OF YARMOUTH
BUILDING DEPARTMENT
1146 Route 28, South Yarmouth, MA 02664
508-398-2231 ext. 261 Fax 508-398-0836
November 19, 2008
Ms. Denise Sousa
10 Oak Terrace
Bellingham, MA 02019-2240
Re: Swan Lake Shores
Dear Ms. Sousa:
AdO3 3113
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 Q1—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:I
CERTIFIED MAIL