HomeMy WebLinkAboutLot Inquiry 11/17/15 k 'L'
C, �ATMA � -3� $ f� S� TOWN OF YARMOUTH
�"``�~�'°°.��3 BUILDING DEPARTMENT
1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261
LOT INQUIRY FORM (used for zoning purposes only)
Assessors' MapNo. 40 Lot No. jz Street Address (:) /" Giiti f ��Q Yf
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Endorsement Date of Subdivision Plan and Type (if applicable) fA O`y / / (0 0
Total Land Area(sq. ft.) /�jI�a- S�! Frontage (d�p
l u I oo C/a/-1-t Tel C'
Name of Current Ownera)ff S J • V h l I1; Address-r CO(��rhP 1cx �y Telephone No. 2-1 Y I
Yak,� (� I qInquirer's Name(if different from owner) I 1\ • Ta Cdr, f-, es - Telephone No.�o�3CQ a-77 /
Inquirer's Mailing Address Li. JO N`mi 4 Si k la(' tgA6u Pth1-F-- M/j 6 3 67)
Building Intent S 1 1)W 441 Adjoining Lot Numbers S / & 0 0 1 0)-2—
By signing this applicatic. I sert 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 u n.
Signature of Applicant i \ Date of Inquiry /U ckC-/ -
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, or Section 104.3.4, Para. -5 of the
zoning bylaw, as per the information provided on this date. Comments: � , ,ate„«'
Q a to e o � �-tAt/7 ,,A., t
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 01 'ngs Highway Re 'oval Historic District Commission(if applicable)
Investigator's Signature ( 2,.,10-6-N, Date //— / 7 /_,
Rev. 8/02
LAW OFFICES OF
PAUL R. TARDIF, ESQ., P.C.
490 MAIN STREET
YARMOUTH PORT,MA 02675
(508)362-7799 (508)362-7199 fax
Paul R Tardif,Esq. Melissa G.MacLeod,Esq.
Itardif a tardiflaw.co www.tardiflaw.com melissa@tardiflaw.com
REFER TO FILE NO.
September 28, 20 5
Mark Grylls, Buil.ing Commissioner
Town of Yarmou'h
1146 Route 28
South Yarmouth, A 02664
Re: Separate uildability of Lot—Lot Inquiry
148 Center Street, 2 Ellis Circle, and 9 Mattis Drive, Yarmouth Port, MA
Map 140, Parcel 59, 60 and 62
Dear Mr. Grylls:
Please be advised that this office represents Doris J. Phillips, n/k/a Doris Murphy,the
owner of the pro erty at 148 Center Street, 2 Ellis Circle, and 9 Mattis Drive, Yarmouth Port,
Massachusetts (t e Properties). My client intends to sell each of these properties, and has
inquired with thi office whether they may be sold, and in two cases, built upon, separately from
each other. I have reviewed the records at the Barnstable County Registry of Deeds, the
Yarmouth Assessor's records, Massachusetts General Laws c. 40A, § 1 et al., as well as the
Yarmouth Zoning Bylaw. Based on that research, it is my opinion that the Properties are each
buildable lots, which entitles my client, or a successor owner, to building permits by right. I am
writing to determine whether, based on the information presented herein, you concur.
148 Center Street, Yarmouth Port, MA (Map 140,Parcel 59):
The Property is denoted as Parcel 59 on the Town of Yarmouth Assessor's Map 140. I
have attached a Copy of the relevant Map, and have denoted the Property in orange highlight.
Title to the Property is currently in the name of Doris J. Phillips, and is derived pursuant to a
deed recorded in the Barnstable County Registry of Deeds in Book 10403, Page 24, dated
September 24, 1996. The property is denoted as Lot 2 as shown on a plan entitled "Subdivision
Plan of Land in Yarmouth, Mass., for Irving C. & Lydia H. Ellis, Scale 1"=50' May 1960,
Gerald A. Mercer & Co., Inc., Engineers, South Yarmouth, Mass.", which said plan is duly
recorded with Vie Barnstable County Registry of Deeds in Plan Book 156, Page 151. (the
"Plan"). I have attached a copy of the Plan for your review. Currently, and based on the field
Page 1 of 6 Letter to Mark Grylls
148 Center Street, 2 Ellis Cir, and 9 Mattis Drive
card of the Town of Yarmouth Assessor's Office, the lot is improved with a single family
dwelling. Includi g Ms. Phillips's ownership,the title to the property is as follows:
-Lydia H. Ellis to 6 oris J. Phillips by deed dated September 24, 1996, recorded in the Barnstable
County Registry o Deeds in Book 10403, Page 24 (Life Estate retained by Lydia);
-Irving C. Ellis to rving C. Ellis and Lydia H. Ellis by deed dated September 12, 1958, recorded
in the Barnstable I ounty Registry of Deeds in Book 1016, Page 467;
The total . ea of the Property is approximately 20„020 square feet and contains 127 feet
of frontage on Ce ter Street. The Property is located in the R-40 zoning district, which mandates
the following curr-nt minimum bulk requirements for a single family use:
Minimum i of Area: 40,000 sf
Minimum rontage: 150 ft
Front Yar• Setback: 30 ft
Side Setba, k: 20 ft
Rear Setback: 20 ft
2 Ellis Circle, Ya mouth Port,MA (Map 140, Parcel 60):
This prop rty is currently titled in the name of Doris J. Phillips, by virtue of a deed dated
September 24, 1996, recorded in the Barnstable County Registry of Deeds in Book 10403, Page
24. The property is denoted as Lot 3 as shown on the Plan. The lot contains 13,640 square feet
of area. Currently, and based on the tax card of the Town of Yarmouth Assessor's Office, the lot
is vacant land. Tlie title to the property is derived as follows:
-Lydia H. Ellis to pods J. Phillips by deed dated September 24, 1996, recorded in the Barnstable
County Registry of Deeds in Book 10403, Page 24(Life Estate retained by Lydia);
-John E. Olar to Irving C. Ellis and Lydia H. Ellis by deed dated March 27, 1951, recorded in the
Barnstable County Registry of Deeds in Book 779, Page 95;
9 Mattis Drive, rmouth Port, MA (Map 140,Parcel 62):
This property is currently titled in the name of Doris J. Phillips, by virtue of a deed dated
July 23, 1981, recorded in the Barnstable County Registry of Deeds in Book 3329, Page 44. The
property is denoted as Lot 5 as shown on the Plan. The lot contains 12,942 square feet of area.
Currently, and based on the tax card of the Town of Yarmouth Assessor's Office, the lot is
vacant land. The title to the property is derived as follows:
-Irving C. Ellis axid Lydia H. Ellis to Doris J. Phillips by deed dated July 23, 1981, recorded in
the Barnstable C 'unty Registry of Deeds in Book 3329, Page 44;
Page 2 of 6 Letter to Mark Grylls
148 Center Street,2 Ellis Cir, and 9 Mattis Drive
-John E. Olar to I ing C. Ellis and Lydia H. Ellis by deed dated March 27, 1951, recorded in the
Barnstable Coun Registry of Deeds in Book 779, Page 95;
These three contig ous lots are all titled in the name of Doris J. Phillips.
CONTIGUOUS °ARCELS:
6 Ellis Circle (Ma 140, Parcel 61):
This property is c rrently titled in the name of Marcia J. Moser, by virtue of a deed dated July
23, 1981, recorde in the Barnstable County Registry of Deeds in Book 3329, Page 41. The
property is denoted as Lot 4 as shown on the Plan. The lot contains 12,800 square feet of area.
Currently, and b ed on the tax card of the Town of Yarmouth Assessor's Office, the lot is
vacant land. The 'We to the property is derived as follows:
-Irving C. Ellis and Lydia H. Ellis to Marcia J. Moser by deed dated July 23, 1981, recorded in
the Barnstable County Registry of Deeds in Book 3329, Page 41;
-John E. Olar to Iiving C. Ellis and Lydia H. Ellis by deed dated March 27, 1951, recorded in the
Barnstable Count Registry of Deeds in Book 779, Page 95;
15 Mattis Drive (Map 140,Parcel 63):
This property is currently titled in the name of Harris Halpert and Elizabeth J. Halpert, by virtue
of a deed dated October 8, 2008, recorded in the Barnstable County Registry of Deeds in Book
23207, Page 116. The property is denoted as Lot 6 as shown on the Plan. The lot contains
21,020 square fecit of area. Currently, and based on the tax card of the Town of Yarmouth
Assessor's Office the lot is improved with a single family dwelling. The title to the property is
derived as follows!:
-Christopher Slott, Trustee to Harris Halpert and Elizabeth J. Halpert by deed dated October 8,
2008,recorded in the Barnstable County Registry of Deeds in Book 23207, Page 116;
-Jeanne M. Boutel to Jeanne M. Boutel, Trustee by deed dated March 11, 1994, recorded in the
Barnstable County Registry of Deeds in Book 9091, Page 244;
I
-Irving C. Ellis and Lydia H. Ellis to Ralph and Jeanne Boutel by deed dated June 23, 1981,
recorded in the Barnstable County Registry of Deeds in Book 3312, Page 335;
-John E. Olar to Irving C. Ellis and Lydia H. Ellis by deed dated March 27, 1951, recorded in the
Barnstable County Registry of Deeds in Book 779,Page 95;
1
I
Page 3 of 6 Letter to Mark Grylls
148 Center Street, 2 Ellis Cir, and 9 Mattis Drive
159 Center Street(Map 140,Parcel 58C):
This property is currently titled in the names of 4 unit owners of the Gray's Beach
Condominium, formed pursuant to a Master Deed dated June 19, 2006, recorded in the
Barnstable County Registry of Deeds in Book 21113, Page 224. The property is denoted as Lot
1 as shown on the Plan. The lot contains 19,950 square feet of area. Currently, and based on the
tax card of the own of Yarmouth Assessor's Office, the lot is improved with a 4 unit
condominium. T title to the property is derived as follows:
-Ralph Crossen an Mary Crossen, Declarants of a Master Deed dated June 19, 2006, recorded in
the Barnstable Co my Registry of Deeds in Book 21113, Page 224;
-Daniel Creedon, rustee to Ralph Crossen and Mary Crossen by deed dated December 28,
2005, recorded in he Barnstable County Registry of Deeds in Book 20612, Page 307;
1
-Sean Creedon to ]Daniel Creedon and Sean Creedon, Trustees by deed dated August 9,2004,
recorded in the Barnstable County Registry of Deeds in Book 19741, Page 1;
-Cathy Klim to Sean Creedon by deed dated April 27, 2004, recorded in the Barnstable County
Registry of Deeds in Book 18511, Page 134;
1
-William Dumont Ito Cathy Klim by deed dated June 12, 2002, recorded in the Barnstable County
Registry of Deeds jn Book 15266, Page 287;
i
-William Dumont and Mary Lou Dumont to William Dumont by deed dated February 13, 1987,
recorded in the Barnstable County Registry of Deeds in Book 5565, Page 98;
-JD Lane and Elizabeth Lane to William Dumont and Mary Lou Dumont by deed dated
September 14, 19g4, recorded in the Barnstable County Registry of Deeds in Book4248, Page
141;
I
-Grace T. Ellis to JD Lane and Elizabeth Lane by deed dated August 28, 1963,recorded in the
Barnstable County Registry of Deeds in Book 1216,Page 83;
ZONING:
In this case, I find that Doris J. Phillips is the owner of 3 contiguous lots, one which is improved
with a single famil, dwelling, and two other vacant lots. The Yarmouth Zoning Bylaw addresses
this situation in tw separate sections regarding the buildability of a lot held in common
ownership with no more than 2 other lots.
First, Section 104.3.4, entitled"Nonconforming Lots", states as follows:
Page 4 of 6 Letter to Mark Grylls
148 Center Street,2 Ellis Cir, and 9 Mattis Drive
Except as provide• below, lots which do not conform to the dimensional requirements of this by-
law, as amended, hall not be individually built upon unless combined and/or re-subdivided so as
to meet the revise• dimensional requirements.
2. Two (2) or thre; (3) adjoining lots. Any increase in area, frontage or other dimensional
requirements of th s zoning bylaw shall not apply to a lot for single family residential use,
provided the plan or such lot was duly recorded or endorsed and such lot was held in common
ownership with co tiguous lots and had less than the dimensional and density requirements of
the newly effectiv zoning but contained at least seven thousand five hundred (7,500) square feet
and seventy-five ( 5) feet of frontage, or contained fifteen thousand (15,000) square feet and
fifty(50) feet of f ontage if approved under section 203.2 of this bylaw. This exemption shall not
apply to more tha three (3) such adjoining lots held in common ownership.
In this cas , the Property was created by a subdivision plan in May of 1960. These lots
were compliant th zoning area requirements at the time of their creation. As indicated above,
the property at 14 Center Street is already improved and contains approximately 20,020 square
feet, and has 127 eet of frontage on Center Street. Because it is already built upon, I reference
this information f r purposes of the contiguous lot analysis. It is my opinion that the vacant lots
at 2 Ellis Circle and 9 Mattis Drive have not merged with the house lot and may be separately
built upon. Both of these lots were created by the same plan in 1960, each contain more than
7,500 square feet of area, and each has more than 75 feet of frontage on a way. The exemption
applies based on the fact that there are not more than three (3) such adjoining lots held in
common ownership.
Second, S ction 104.3.4 also states in pertinent part as follows:
5. Other No conforming Residential Lots. Except as set forth in this paragraph, area, lot
frontage or other II''d imensional requirements of this zoning bylaw shall not apply to a lot for
single-family residential use, provided a plan for such lot was approved or endorsed by the
Planning Board on or before June 3, 1996, duly recorded, filed, or registered and such lot was
not held in common ownership with more than two abutting lots as of June 3, 1996; as
provided said lot contains at least ten thousand (10,000) square feet of nonwetland lot area
and either seven y-five (75) feet of lot frontage or fifty (50) feet of lot frontage if the
minimum dimens onal requirements of Section 203.2 of this zoning bylaw are met, each side
of the square des ribed therein being seventy-five (75) feet.
Based on the e terms, the three lots have not merged. Here, the lots all appear on a plan
which was approved and endorsed by the Planning Board on July 29, 1960, which plan is
recorded in Plan Book 156, Page 151. Next, such lot was not held in common ownership
with more than two abutting lots as of June 3, 1996. Each lot contains at least 10,000 square
feet of non-wetland lot area and at least 75 feet of frontage on a way.
1
I am of the opinion, based on this information, that each of the properties, at 148 Center
Street, 2 Ellis Circle, and 9 Mattis Drive, Yarmouth Port, Massachusetts, are each separate and
Page 5 of 6 Letter to Mark Grylls
148 Center Street, 2 Ellis Cir, and 9 Mattis Drive
buildable lots which have not merged. I have included copies of each of the deeds referenced
above for your review, as well as the current Yarmouth Tax Assessor's Field Cards. Please
contact me if you would like to discuss this further, or if you are in need of additional
information. I certainly appreciate your time and attention to this matter and look forward to
(hearing from you in the near future.
Very T tily1 durs,,i
Fa 1 R. Tardi`
Enc.
Cc: Doris J. Phillips, n/k/a Doris Murphy
SEEN AND AGRIEED TO:
I, Mark Grylls, Bu'.lding Commission of the Town of Yarmouth, do hereby determine that each
of the properties a 148 Center Street, 2 Ellis Circle, and 9 Mattis Drive, Yarmouth Port,
Massachusetts, depicted on Town of Yarmouth Tax Assessor's Map 140, as Lots 59, 60 and 62,
are separate non-Merged lots, and the two vacant lots at 2 Ellis Circle and 9 Mattis Drive may be
separately built upbn.
Dated: der r'7. , 2015
k Grylls/James D. Brandolini
/ sstlBuilding Commissioner, Town of Yarmouth
Page 6 of 6 Letter to Mark Grylls
148 Center Street, 2 Ellis Cir, and 9 Mattis Drive