HomeMy WebLinkAboutLot Determination response G nail
121 Long Pond Dr.
James Brandolini<bjimsr@gmail.com> Tue, May 5, 2020 at 4:54 PM
To: Pam Tames<pamt@specialneedsfamilyservices.com>
Cc: "Grylls, Mark"<mgrylls@yarmouth.ma.us>, Linda Cipro<Icipro@yarmouth.ma.us>
Good Afternoon Pam:
This is to serve as a follow up to your May 1, 2020 email concerning the vacant lot at 121 Long Pond Dr, shown on
Assessors' Map 50, as Parcel 38 and on the original subdivision plan as Lot 1. You indicated you had concerns
about the upcoming June1, 2020 tax bill and inquired about what could be done with the lot.
As outlined in my April 28, 2020 emails and April 25, 2018 lot determination, it appears the lot in question has lost its
protection, as detailed. However, as I further mentioned I would be happy to revisit the review process to determine
what impact/bearing the merger of parcels 36 and 37, aka 111 Long Pond Dr., may have had on parcel 38, if any. I did
indicate I would not be in a position to conduct this review until I return to the office, hopefully, in two weeks, because I
don't have access to the original subdivision plan, the conveyances/ownership historical package and the applicable
zoning changes from 1973 to present; all of which are critical for review purposes. I did access the Assessors records
on line from home, which depict the construction dates of the houses located on 107& 111 Long Pond Dr. and a
limited list of previous and current owners. Many of those records do not include conveyance dates; thus the need to
review the deeds that were provided in 2018.
As a Building Official I cannot provide you or the owner, Mr. Chase, legal guidance on how to proceed. This effort
boils down to the following:
1. Wait until I can conduct a second review to see how the lot merger noted above may have impacted the lot in
question's status. The best case scenario would be the lot maintained its protection under the law.
2. If however, this review determines the lot in question has merged for zoning purposes as previously determined,
the lot could be conveyed to the owner of abutting parcel No. 37 only, as a result of the ownership chain, as a non
buildable lot.
3. In either event, I suggest you or Mr. Chase consult with an attorney for a legal review and possibly provide me with
any additional information the attorney may have with regard to this matter.
Finally, it is unfortunate your questions were not raised two years ago when the original lot determination was made
(April 25, 2018). The original inquiry was submitted by Cape Estate & Elder Law, Ms. Lynne N. Oakley. It is also
unfortunate that lot determination was not used to file for a Tax Assessment abatement request.
Sincerely,
James D. Brandolini,
Deputy Building Commissioner
MGmaiI
121 Long Pond Dr Lot Inquiry Determination
James Brandolini<bjimsr@gmail.com> Tue, Apr 28, 2020 at 11:29 AM
To: pamt@specialneedsfamilyservices.com
Cc: "Grylls, Mark"<mgrylls@yarmouth.ma.us>
Good Morning Ms Tames
Mark Grylls has advised me that you have some questions concerning the
Lot Inquiry Determination made by me on April 25, 2018 for 121 Long
Pond Dr. Because I am responding from home, via my personal email, I
don't have the entire document package available. However, Mark did
forward a copy of my letter, which outlines the historical facts and
determination findings. Based on that, I can provide you with the
following information:
4,0e,t
-Certain undersized lots may be protected (grandfathered) providing
they meet the qualifiers set forth in MGL Chapter 40A, Section 6 1 1
and/or the Town of Yarmouth Zoning Bylaw, Section 104.3.4. y-
-Because the lot in question (lot 1, parcel 38), was held in common r /,' /
ownership with other adjoining (contiguous) lots, we look to what is
referred to as the "Common Lot Protection" provisions.
-Those provisions are found in MGL Chapt. 40A, Section 6 and Zoning
Bylaw Section 104.3.4, Para. 2 stipulating that undersized lots of up
to a maximum of three 3, held in common ownership, at the time they
became non-conforming (July 31, 1973), containing a minimum of 7,500
square feet and 75 feet of frontage, may qualify for such protection,
as individual lots, for zoning purposes.
-Town of Yarmouth Zoning Bylaw, Section 104.3.4, Para. 5 provides some
additional protection that "moves the clock" forward to June. 1993 for
common lot ownership protection. However, that provision requires a
minimum of 10,000 square feet of land area and the lot in question
contains 8,502 square feet, thus disqualifying it from that
protection.
In summary, based on the documented information (deeds), provided by
Attorney Oakley and the Assessors records, there were four contiguous
lots held in common ownership at the time they became non-conforming
(July31, 1973), exceeding the limitation of three 3. Therefore, the
lot in question is deemed merged, for zoning purposes and not
buildable as a separate individual lot.
Finally, not having the zoning map to refer to, I believe the lot lies V
within the R-25 Zoning District currently requiring a minimum of a
25,000 sq. feet of land area and 150 feet of frontage. If it lies
within the R-40 Zoning District, requiring a minimum of 40,000 square
feet of land area, a variance could be sought by filing a petition
with the Zoning Board of Appeals from the current applicable minimum
land area requirements. I cannot speak to what the Board's finding
might be in that regard.
I hope this provides you with further clarity on this matter. Should
you have any further questions, I would be happy to provide them.
Sincerely
Jame., D. Brandolini,
Deputy Building Commissioner
Sent from my iPad
r'YArr WN OF YARMOUTH
o BUILDING DEPARTMENT
11 note 28,South Yarmouth,NIA 02664
5 98-2231 cat.1261 Fax 508-393-0836
April 25,2018
Case Estate&Elder Law,P.C.
1645 Falmouth Road
Suite 1E
Centerville,MA 02632
Attn:Lynne N.Oakley
Re:121 Long Pond Drive Lot Inquiry
Dear Ms.Oakley.
Please be advised that I have completed the Lot Inquiry concerning 121 Long Pond Drive South Yannouth.My
comments and findings are as follows:
-The parcel in question was created via a January 13,1958 subdivision,was endorsed by the Planning Board on
January 23,1958 and recorded at the Barnstable Registry of Deeds on March 11,1958 and depicted as Lot 1.
-This lot appears on Assessors'Map 50,as Parcel 38.
-The lot contains 850244-square feet of land arca,with 82.37 feet of frontage.
-On July 31.1973 die Town of Yarmouth voted to change the minimum land area for this district,from 8,500
square feet to 15,000 square feet.
-Based on the deeds provided and records of the Assessors'Office,I perforated an ownership tracking. That
tracking reflects that a total of four(4)contiguous lots,specifically.Lots 1,2,3&5 were held in common
ownership after this zoning change of July 31,1973.That ownership detail is as follows:
'Lots 1&S owned by Rebecca Kanrrowit;&Rose Kietal from November 15.1966 rhru August 11,
1010
"Lots 1 Al 3 owned by Rebecca Kantrarity&Rose Kieval firm December 6.1963 thnr April 3,1974: at
which time they were conveyed to A1ilton Meat&Rose Mein/.
Accordingly,parcel 38,(lot 1)does not qualif rsuant to the provisions of M.G.L.Chapter
40A,nor the Town of Yannouth Zoning Bylaw Section 104.3.4(2).Those provisions protect up to a maximum of
three(3)contiguous lots held in common ownertotp alter me tot( become non-conforming.
/ You may contact ate should you have any question or additional information concerning this matter.
Very truly
/
James D.Bmndolini.
Deputy Building Commissioner
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