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Lot Inquiry 7/14/17
' °lye ?,,,. � TOWN OF YARMOUTH BUILDING DEPARTMENT r1.01 146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 ��o� � -60°'' T INQUIRY FORM (used for zoning purposes only) ek)Asses ' ap No. 42 Lot No. Street Address 10 Melva Street Oi ,rJ(ki-i-`i L0T F7- OI OLT, I I41 Endorsement Date of Subdivision Plan and Type(if applicable) s°J13‘4'6►o,J - ?L,u2 W s uB Di J‘-s t ca-) c‘---n2 at- fvoo rt(R-nu--'s s,vcc Tttcr. - s ctle0 Total Land Area(sq. ft.) 8761 SF Frontage 90 FT Name of Current Owner Edward Ogden Address Telephone No. Inquirer's Name(if different from owner) Joshua Bilotta Telephone No. 617-719-2114 Inquirer's Mailing Address 50 Bilotta Way Fitchburg, MA 01420 r!/ (+.✓wr.,ty Building Intent 27 ' -6" X 4 8 ' Ranch Adjoining Lot Numbers 76 & 78 it, � /V J. , r, 3 By signing this application I assert my understanding that t e purpose of this inquiry is to determine whether the aforementioned lot(s)qualifies for protection afforded ce 'n heret re eloped land and that to the best of my knowledge this lot(s) has never previously been built upo Signature of Applicant Date of Inquiry 6/3 0/17 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: I Conforms to the applicable provisions of M.G.L.Chapter 40A,Section 6, or Section 104. 4, Para. 0/ of the zoning bylaw,as per the information provided on this date. Comments: art /e Va.� C�A . /3 ..-; al.. ?`,./e,.,,7 A. ' c..e.".,...1.4. h-t gnu 4.r+q< 4209....,--4.6 ,P '1,, Protecte pursuan o e appTicabte provisions of M.U.L. Chapter 40A, Section 6, Definitive Plan Exemption! Application is incomplete. Comments: Adequate mad access must be present. A determination of adequate access shall be made by the Manning 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 'ngs Highway Regional Historic District Commission(if applicable) Investigator's Signature WDate ? - /4 - /, _ Rev. 8/02 —I ' 2 3 2 � 0 U W 0 I- 0 � _ tjz } -i <_ titi zQ0 't<aJ` � ` 0 — too b rN%for 0 Q g-p6 w 0 or z Q z-° ,.,�4z ). . 1. a 202 i3021Vd 20 dVIN S 1OGG2GGV Un } di ~ a- j U < '3 zS _� r Q Q <601 g9Vd SG 1 '1006 Wild-UN n 2 d - 1S19VJZLN009Meld 0 ""s u o q O is... _ d m at T N v_-N z o U WS< O 2 W 0 O 0 z a a r u 0 h .5f'L6 2AZ,20.9N 8 1 AOTs' —i - I— N 9L101d0N011210.1 g 1 W ► w I 1 OZ --—- 1 1 L 1 I--- o -_ hN 1 _ '- --c._ o N 1 $ .1g I � Q 1 1 Qii yt �n N. Q N C O In I` �I u O �1 w I. Q O 1 N W W 1 _� r +- aom 1 " uv 1 PI 0 o i 3 ° 2 Li `1"f • o 0 0 1 g I 0 n za i Q QL 101 o N011210d I c 1 1g 1 -J sets 1 '° 1 W N602.Z0.9S ` .00 51 G 'I t 1, Aii, TOWN OF YARMOUTH ;,1' o BUILDING DEPARTMENT . y 1146 Route 28, South Yarmouth,MA 02664 ^'� '� 508-398-2231 ext. Fax 508-398-0836 —�� ���� FILE COPY July 2,2013 Ms. Cynthia Marie Allen 43 Under Pin Hill Road Harvard,MA 01451 Re: 10 Melva Street, South Yarmouth Map 42,Parcel 202,aka lot 77 Dear Ms.Allen: On June 21, 2013, I sent a memo to George Allaire, DPW Director, concerning the 1963 land "taking/easement"of Melva Street(copy enclosed). His email response is also attached. On July 1,2013 Town Counsel,Bruce Gilmore,responded with his legal opinion that"The taking was for an easement only" "The area of the lot subject to the easement is 8,761.5 sq.ft.so I believe that the lot is buildable."(Copy enclosed) Based on Attorney Gilmore's legal opinion and the June 11, 2013 plot plan stamped June 20,2013, depicting the land area noted above and ninety(90)feet of frontage,this department now determines this parcel qualifies for protection as per 111GL, Chapter 40A,Section 6 and zoning bylaw,Section 104.3.4,Nonconforming Lots and is buildable for zoning purposes. As with all lots it shall comply with all other applicable regulations and laws,such as conservation regulations,if applicable and Title V(septic)regulations. Please contact this office should you have any further questions concerning this matter. Very truly, 0,-e cc° James D. Brandolini, Building Commissioner cc: Mark Grylls,Building Commissioner Zoning Board of Appeals Cynthia: Page 1 of 3 Brandolini, Jim From: Brandolini, Jim Sent: Wednesday,April 24, 2013 1:01 PM To: 'Allen's Antique Lighting' Cc: Cipro, Linda; Grylls, Mark; Clark,Sandi;Williams, Kathleen Subject: FW: 10 Melva Lot Determination 042413 Cynthia: Thank you for providing the information contained in your April 11, and April 12,2012 emails. In reviewing that information and the information you provided during our April 2,2013 meeting with Building Commissioner Mark Grylls there appears to be discrepancies between the lot size at the time it was created by deed in 1962 and the road taking. Please see below: -Information you provided April 2,2012, entitled"Legal Arguments for Recognizing 10 Melva St as a Buildable Lot', item No.4 states: 'In 1963 the Town of Yarmouth took 1800 feet from the lot(then called Parcel 4)to create Melva Street, which reduced the lot to its current 8,712 square feet and 90 feet of frontage. See Plan 175, page 109 in 1963." -Certified land taking plan showing parcel 4(10 Melva St.)depicts that taking was 1,800 sq.ft. -April 11,2013'Parcel Table No. 1"states that'Parcel No 4 (10 Melva Street)lot size before(road)taking was 8,761.50 sq.ft—after road taking 8,311.50 sq. ft. a difference of 450 sq. ft. -My email of April 7, 2013 to Building Commissioner Mark Grylls and forwarded to you includes square footage calculations that are somewhat different. This email also includes a reference to a time frame for land area zoning changes,which I will outline again herein. In any event, I am capsulizing the information pertinent to this matter. LAND AREA ZONING CHANGE CHRONOLOGY(for the zoning district in question) 1947-1950 6,500 sq. ft. March 7, 1960 8,500 sq. ft. July 31, 1973 15,000 sq.ft. January 7,1987 25,000 sq. ft. LAND AREA OF 10 MELVA STREET LOT 77, (shown as lot 4 on your table No. 1 and land taking plan) 1945 Lot 77 was created by subdivision plan having 4,867 sq.ft. and 50 feet of frontage 1962 Portions of lots 76&78 were added to lot 77 which increased the land area to approx. 8,860 sq. ft.which exceeded the minimum 8, .500 sq. ft required fro that time frame. 1963 Land taking for Melva Road,as per certified plan provided 1,800 sq.ft. SUMMARY -Lot 77 was less than 5,000 sq. ft.when it was originally created In 1945 -Lot 77 became conforming in 1962 when portions of lots 76 &78 were added -Lot 77 became non-conforming in 1963 when land was taken by the Town of 4/24/2013 Cynthia: Page 2 of 3 r Yarmouth for Melva Road because it then contained less than the minimum of 8,500 square feet required between 1960 and 1973. -Lot 77 does not qualify for the 5,000 square foot area protection because it contained 4,867 sq. ft when created in 1945, then became conforming in terms of area in frontage in 1962 when additional land was added to it when the minimum land area was 8,500 sq. ft -Lot 77 became non-conforming once again as a result of the land taking for Melva Road CONCLUSION 1. The Acts of 1958, Chapters 493 and 494, (approved July 29, 1958), copies of which you included in your email, provides in part, that"Any lot lawfully laid out by plan or deed duly recorded or registered in the appropriate registry of deeds or land registry district that complies, at the time of such recording or registering, with the minimum area and frontage providing that at the time of building such lot has an area of more that five thousand square feet,a frontage of fifty feet or more—" 2. The lot in question contained less than 5,000 square feet of area when originally created via plan in 1945 and then became non conforming in 1947 when the minimum land area requirement was increased to 6,500 square feet 3. The lot was effectively re-created in 1962 by deed re-configurations, and conformed to the zoning bylaw minimum land area provisions of 8,500 square feet adopted in 1960. 4. It appears the land are taking for Melva Road reduced the land area to less than 8,500 square feet, thus creating a non-conforming, non-grandfathered lot, so called. Accordingly,you are hereby advised that because Building Officials do not have authority to issue variances,you must submit an application for variance to the Zoning Board or Appeals, citing Section 203.5, Table of Dimensional Requirements, Zoning District R25. To bolster your petition you may want to consider providing the Board with the Adams v Brolly,46 Mass App. Ct 1998 case noted in your April 12, 2013 email. Finally,you also have the right to appeal this determination within thirty(30)days pursuant to the provisions of MGL Chapter 40A, Sections 8 and 15. Very truly, James D. Brandolini, Deputy Building Commissioner From: Allen's Antique Lighting [mailto:antiquelight@comcast.net] Sent: Friday,April 12, 2013 4:23 PM To: Brandolini,Jim; Grylls, Mark Cc: Williams, Kathleen Subject: 10 Melva more info Jim, I just found a case precedent that upholds the validity of a variance in light of a road taking. In Adams v. Brolly, 46 Mass. App. Ct. 1998, the Court ruled that Brolly was entitled to a variance for his nonconforming lot after the MOC engaged in a road taking, which resulted in his lot having insufficient frontage. Essentially the Court found that 4/24/2013 TRELT ALLOW 11 •. -` .z:° S faR a.,. J°pNG R .Lf ,...b _ ° :fown/A. • eOrs e./....r p f i TA*Ros.A R' ° YARNEY HAR.4O OR M /a°s-•:' '' ,a„ ''.JA.ss,rryMasErr'ti Leo,/1.! e f few.n. A. ° -R R K"..> .'a.,,,.._ /s..z ,b ei‘Arr4doemn, C 4..Yer ° ° ` RCA • rnr<on• GcORGC C. f /yl /94, /9/ ; Run./As! BACER 114611 2ei ' . aen af,> 4,114, � e - eoiA.x t , ((t.� EL H .STREET M I e6a_ a! 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WCOQ re C. , , iv 0P L.4N0 - .50 7W Y,c7et°IC(/Ty C ,4J3. j/ /J/�%/jJ 7�AJS/ �S/T✓R V e Y R/Pj/J /OR _ „ // ! f[ fL // 1// lY v/ c Js YL RR/yL SUL6 ',RA BO r„r OCTOB ER/94/ - WM.NEY if ORO.," ARCM/Mors`AAWA/CCRS t C 141945 I nye,e,A MArs. . 10.11".A ••',AS le 6.n.M.sx=fY:Suxrero W Jr. •v MOS.ff r./,,SO RP Ma ee 1 6D-PA,... 3•o-Pi. 1.2. — /?.o.• 57 Page 1 of 2 From: capecodlawyer@comcast.net Sent: Monday, July 01, 2013 12:57 PM To: Allaire, George Cc: Brandolini, Jim; Grylls, Mark; Wrock, Douglas Subject: Re: 10 Melva Street Plot Plan George: The taking was for an easement only. The area of the lot subject to the easement is 8,761.5 sq. ft. so I believe that the lot is buildable. Bruce From: "George Allaire" <GAllaire@yarmouth.ma.us> To: "Bruce Gilmore" <capecodlawyer@comcast.net> Cc: "Jim Brandolini" <JBrandolini@yarmouth.ma.us>, "Mark Grylls" < mgrylls@yarmouth.ma.us>, "Douglas Wrock" < DWrock@yarmouth.ma.us> Sent: Monday, July 1, 2013 11:46:47 AM Subject: FW: 10 Melva Street Plot Plan Bruce: Have you had time to look into this matter regarding the lot being buildable?The building official asked me this AM if you had responded. George R.Allaire Yarmouth Department of Public Works 1146 Route 28,Town Hall South Yarmouth, MA 02664 Ph: 508-398-2231 ext 1291 Fax: 508-760-4830 From: Allaire, George Sent: Monday, June 24, 2013 2:44 PM To: Brandolini, Jim Cc: Grylls, Mark; Bruce Gilmore; Wrock, Douglas Subject: FW: 10 Melva Street Plot Plan Jim: Based on the language of the taking it was taken like every other road for roadway purposes and the land owners were compensated for the taking, so in my opinion, it was a taking but to be sure I'm forwarding the info to Bruce Gilmore, due to the ramifications, for his opinion. George R.Allaire Yarmouth Department of Public Works 1146 Route 28,Town Hall South Yarmouth, MA 02664 Ph: 508-398-2231 ext 1291 Fax: 508-760-4830 From: Brandolini, Jim Sent: Monday, June 24, 2013 9:57 AM To: Allaire, George file:///C:/Users/jbrandolini/AppData/Local/Microsoft/Windows/Temporary%20Internet%2... 7/14/2017 Page 2 of 2 Cc: Grylls, Mark Subject: 10 Melva Stree Plot Plan George: Please see attached memo. I am sending this from home. Mark will be providing you with the plot plan. Thanks. Jim file:///C:/U sers/jbrandolini/AppData/Local/Microsoft/Windows/Temporary%20lnternet%2... 7/14/2017 Page 1 of I Brandolini, Jim From: Allaire, George Sent: Monday, June 24, 2013 2:44 PM To: Brandolini, Jim Cc: Grylls, Mark; Bruce Gilmore; Wrock, Douglas Subject: FW: 10 Melva Street Plot Plan Attachments: 10 Melva St MEMO Geo Allaire 062113.doc; Melva tking.PDF; Melva ATM Action.PDF Jim: Based on the language of the taking it was taken like every other road for roadway purposes and the land owners were compensated for the taking, so in my opinion, it was a taking but to be sure I'm forwarding the info to Bruce Gilmore, due to the ramifications, for his opinion. George R.Allaire Yarmouth Department of Public Works 1146 Route 28,Town Hall South Yarmouth,MA 02664 Ph:508-398-2231 ext 1291 Fax:508-760-4830 From: Brandolini,Jim Sent: Monday,June 24, 2013 9:57 AM To: Allaire, George Cc: Grylls, Mark Subject: 10 Melva Stree Plot Plan George: Please see attached memo. I am sending this from home. Mark will be providing you with the plot plan. Thanks. Jim 6/27/2013 • o'F'441. TOWN OF YARMOUTH �o' BUILDING DEPARTMENT u 1146 Route 28,South Yarmouth, MA 02664 s 508-398-2231 ext. 1261 Fax 508-398-0836 FILE COPY May 21, 2013 Ms.Cynthia Marie Allen 43 Under Pin Hill Road Harvard,MA 01451 Re: 10 Melva Street, South Yarmouth Map 42,Parcel 202,aka lot 77 Dear Ms.Allen: This is to serve as a follow up to our May 1,2013 meeting with Building Commissioner Mark Grylls concerning a review of my April 24,2013 email. During our meeting you provided us with additional documentation; specially, a copy of the February 18, 1946 zoning bylaw, Section VI, entitled Area Regulations,paragraph 4,Lot Size,and a copy of an"Order of Taking of an Easement in Land----for a Town Way Known as Melva Street. During our meeting Building Commissioner Grylls and I performed a cursory review of these documents. Based on certain specific information included in the Order of Taking I obtained copies of the Annual Town Meeting Warrant Article 36 as proposed; as moved and as voted on in the affirmative,from the Town Clerk's office. As you are aware this Order of Taking was accompanied by a certified plan depicting 1,800 square feet was taken from Parcel 4 (lot 77). Since our meeting we have performed a more in depth research of the questions you raised with respect to two primary issues: 1. Was the Order of Taking in fact a land taking or simply an easement effected by the Town of Yarmouth? 2. Do the provisions of Zoning Bylaw, Section VI, paragraph 4, lot size have an impact on the parcel's buildability protection status? Over the past several weeks I have reviewed the Order of Taking in more depth and note some of the more pertinent excerpts "it appearing that it is necessary to acquire land for the purpose of laying out said way we the Selectmen of said Town of Yarmouth,acting for and on behalf of said town under the provisions of Chapter 82 of the General Laws and acts in amendment thereof' "This Order of Taking is subject to the rights of easements of the New England Telephone & Telegraph Company and the Cape& Vineyard Electric Company." In reviewing the General Laws,MGL,Chapter 82 provides for the"laying out,altering,relocating and discontinuance of roads"and also provides for a Board of Selectmen to affect such matters,according to the provisions detailed. I also find that MGL,Chapter 81 provides for utility easements. t • • S . Page 2 Ms. Cynthia Marie Allen,Re: 10 Melva Street Parcel 202, lot 77 In light of this,it appears that this Order was in fact a taking of 1,800 square feet to widen Melva Street and not for easement purposes. Secondly,I have researched the Town of Yarmouth Zoning Bylaw records from 1946-1983,located in the Planning Department office. I find that the provision in Section VI,Area Regulations,Para.4 set forth in the 1946 bylaw,"that one dwelling may be erected on any lot which,at the time this bylaw is adopted,either is separately owned or is shown on a recorded plan or lots" was amended in 1978,via Section 1534 and 1535 (copy enclosed). The grandfather protection of lots, so called was further changed in 1983 which resembles the provisions of MGL Chapter 40A,Section 6 adopted via the 808 Mass.Acts of 1975. A question was raised during our May 1, 2013 meeting concerning "how the adjoining houses were allowed to be constructed". Based on the Assessors'records 4 Melva Street was constructed in 1950,while the less restrictive provision of zoning bylaw Section VI(4)was in effect and 16 Melva Street was constructed in 1940,prior to the creation of the subdivision. Accordingly,based on the foregoing documents and information,and the fact the land taking appears not be simply an easement and also because the less restrictive lot protection Zoning Bylaw has been revised both at town level and at the State level; MGL, Chapter 40A, Section 6 to its more restrictive level, we have determined that our April 24, 2013 stands. This is based on the mathematical calculations of the land area in question a variance from the Zoning Board of Appeals is required. Finally,you also have the right to appeal this determination within thirty(30)days to the Zoning Board of Appeals pursuant to the provisions of MGL,Chapter 40A, Section 8 and 15. Very truly,++ �� I*.0 James D. Brandolini, Deputy Building Commissioner End.2 cc: Building Commissioner Mark Grylls •� o�•Y4,1* TOWN OF YARMOUTH • BUILDING DEPARTMENT O .�. ce yr. •iPSE 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 MEMORANDUM Date: June 21, 2013 To: George Allaire, DPW Director From: James D. Brandolini, Deputy Building Commissioner Re: 10 Melva Street Plot Plan Attached is a certified plot plan for 10 Melva Street South Yarmouth,shown on Assessors'map 42 as parcel 202. This June 11, 2013 plan, stamped dated June 20, 2013, depicts a 450 square foot "taking of easement for R.O.W. widening, March 25, 1963". The Building Department is in the process of determining whether this lot is afforded"grandfather protection",so called,which in this case the lot would have to contain a minimum of 8,500 square feet of land area. Therefore it is critical to definitively determine whether this lot contains 8,761.5 square feet of land area or 8,311.5 square feet. In speaking with the surveyor he states he is not sure whether this is simply an easement or in fact a land taking which would then reduce the land area in question. Based on information that was provided prior to the submittal of this plan,the Building Department was provided copies of deeds, wherein the lot was created in 1962 and copies of the "taking/easement". This department made initial determinations that this was a land taking based on the wording/interpretation and MGL references of the land taking/easement documents and Town Meeting warrant article vote. In summary, can you provide us with a definitive determination with regard to the question: -Is the 450 square feet,simply an easement or was this in fact a land taking? I can provide you with copies of the documentation we have, should you need it. Thank you. Pagelof2 i/ 411rndolini, Jim �' from: capecodlawyer©comcast.net Sent: Monday, July 01, 2013 12:57 PM To: Allaire, George Cc: Brandolini, Jim; Grylls, Mark; Wrack, Douglas Subject: Re: 10 Melva Street Plot Plan George: The taking was for an easement only. The area of the lot subject to the easement is 8,761.5 sq. ft. so I believe that the lot is buildable. Bruce From: "George Allaire" <GAllaire@yarmouth.ma.us> To: "Bruce Gilmore" <capecodlawyer@comcast.net> Cc: "Jim Brandolini" <1Brandolini@yarmouth.ma.us>, "Mark Grylls" <mgrylls@yarmouth.ma.us>, "Douglas Wrock" <DWrock@yarmouth.ma.us> Sent: Monday, July 1, 2013 11:46:47 AM Subject: FW: 10 Melva Street Plot Plan Bruce: Have you had time to look into this matter regarding the lot being buildable?The building official asked me this AM if you had responded. George R.Allaire Yarmouth Department of Public Works 1146 Route 28,Town Hall South Yarmouth,MA 02664 Ph:508-398-2231 ext 1291 Fax:508-760-4830 From: Allaire, George Sent: Monday,June 24, 2013 2:44 PM To: Brandolini,Jim Cc: Grylls, Mark; Bruce Gilmore; Wrock, Douglas Subject: FW: 10 Melva Street Plot Plan Jim: Based on the language of the taking it was taken like every other road for roadway purposes and the land owners were compensated for the taking,so in my opinion, it was a taking but to be sure I'm forwarding the info to Bruce Gilmore, due to the ramifications, for his opinion. George R.Allaire Yarmouth Department of Public Works 1146 Route 28,Town Hall South Yarmouth,MA 02664 Ph:508-398-2231 ext 1291 Fax:508-760-4830 From: Brandolini, Jim 7/2/2013 / Page 2 of 2 it: Monday,June 24, 2013 9:57 AM i : Allaire, George Cc: Grylls, Mark Subject: 10 Melva Stree Plot Plan George: Please see attached memo. I am sending this from home. Mark will be providing you with the plot plan. Thanks. Jim 7/2/2013 cv.y.i.- TOWN OF YARMOUTH kc BUILDING DEPARTMENT ,`� a' 1146 Route 28, South Yarmouth, MA 02664 .::: .. 508-398-2231 ext. 1261 Fax 508-398-0836 MEMORANDUM Date: June 21, 2013 To: George Allaire,DPW Director From: James D. Brandolini, Deputy Building Commissioner Re: 10 Melva Street Plot Plan Attached is a certified plot plan for 10 Melva Street South Yarmouth,shown on Assessors'map 42 as parcel 202. This June 11, 2013 plan,stamped dated June 20,2013,depicts a 450 square foot "taking of easement for R.O.W. widening,March 25, 1963". The Building Department is in the process of determining whether this lot is afforded"grandfather protection",so called,which in this case the lot would have to contain a minimum of 8,500 square feet of land area. Therefore it is critical to definitively determine whether this lot contains 8,761.5 square feet of land area or 8,311.5 square feet. In speaking with the surveyor he states he is not sure whether this is simply an easement or in fact a land taking which would then reduce the land area in question. Based on information that was provided prior to the submittal of this plan,the Building Department was provided copies of deeds, wherein the lot was created in 1962 and copies of the "taking/easement". This department made initial determinations that this was a land taking based on the wording/interpretation and MGL references of the land taking/easement documents and Town Meeting warrant article vote. In summary, can you provide us with a definitive determination with regard to the question: -Is the 450 square feet,simply an easement or was this in fact a land taking? I can provide you with copies of the documentation we have, should you need it. Thank you. M m "�� `-� 0 � t '" t. W • eo a �ti (1Cr4 il al 1 Cli 0 d a. It) i'' $ct ctI t 2 < 0 , v. 443 LX:1 CI )1 0 Ili , Cd E % --...] .....) H *. \) v 0 ,_ 0 I I— L) 0 t‘---- 1 `-.. .. cl ..� • --1 " 1 � � � '� w i Vision Government Solutions Page 1 of 3 10 MELVA ST Location 10 MELVA ST Mblu 42/ 202// Acct# 4933 Owner OGDEN EDWARD Assessment $104,200 PID 4933 Building Count 1 Current Value Assessment Valuation Year Improvements i Land Total 2017 $0', $104,200 $104,200 Owner of Record Owner OGDEN EDWARD Sale Price $95,000 Care Of Certificate Address 10 RIDGESIDE RD Book&Page 27613/ 189 DANBURY, CT 06811 Sale Date 08/12/2013 Instrument Qualified Q Ownership History Ownership History Owner Sale Price Certificate Book&Page Instrument Sale Date OGDEN EDWARD $95,000 27613/189 08/12/2013 ALLEN CYNTHIA MARIE $100 19619/285 1N 03/15/2005 LIONETTA ANGELINA I $100 18718/ 108 1F 06/15/2004 LIONETTA WILLIAM G TRS $1 16340/ 189 1F 02/03/2003 LIONETTA WILLIAM G $0 Building Information Building 1 : Section 1 Year Built: Living Area: 0 Building Photo Replacement Cost: $0 Building Percent Good: Replacement Cost Less Depreciation: $0 Building Attributes Field Description http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid=4933 7/14/2017 Vision Government Solutions Page 2 of 3 Style Vacant Land Model Grade: Stories: \ No lmag Occupancy • Exterior Wall 1 Available Exterior Wall 2 m" 101 Roof Structure: Roof Cover Interior Wall 1 (http://images.vgsi.com/photos2/YarmouthMAPho[os//default.jpc Interior Wall 2 Building Layout Interior Fir 1 Interior FIr 2 in Building Layout Heat Fuel Building Sub-Areas(sq ft) Legend Heat Type: No Data for Building Sub-Areas AC Type: Total Bedrooms: Total Bthrms: Total Half Baths: Total Xtra Fixtrs: Total Rooms: Bath Style: Kitchen Style: Extra Features Extra Features Legend No Data for Extra Features Land Land Use Land Line Valuation Use Code 1300 Size(Acres) 0.2 Description RES ACLNDV MDL-00 Frontage 0 Zone Depth 0 Neighborhood 0050 Assessed Value $104,200 Alt Land Appr No Category Outbuildings Outbuildings Legend No Data for Outbuildings http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid=4933 7/14/2017 Vjsion Government Solutions Page 3 of 3 Valuation History Assessment Valuation Year Improvements Land Total 2017 $0', $104,200 $104,200 2016 $0 $95,800 $95,800 2015 $0', $91,700 $91,700 (c)2016 Vision Government Solutions,Inc.All rights reserved. http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid=4933 7/14/2017 Nom M ACCT# 042. 207 MAP 029 LOT B69 PLAN NO. LOC 00113 GROVE ST Pt (1 at r Fit0 A 3 SELLING OWNER TITLE REF. DATE PRICE ACCOUNT NO. Book/Doc Page/Cert 551 D l AZ _ O s`!, `� L4__ Q 3 57e tiqW _1,23 is elf/tHi'� - • 19 DI got sMo fl7 c 7if, 14 , lJ l ed V , HOPIEy fro( 600 r V u l �L t • +b 000 II E w •Io y 739�'_ _ 0277 <<111 70 ctol000 (Au° LbTY----- ilieFf2Ed PouTChiI 6T -7-1i5 140 V1A-111 , coo Loki `6kGuWiv H ot) Ho s-p121 L1.4i L ACCT# 042. 208 MAP 029 LOT 1368 PLAN NO. a I LOC 00111 GROVE ST .1l SELLING OWNER TITLE Htr. DATE PRICE ACCOUNT NO. Book/Doc Page/Cent ij1IA O1 & 1sJt _ MOO ,6-13 O'G rs 3I 1 ' Izq--: ‘4 ct ‘c;-1 -131 '\I I • : ,. ,, . .,,c2) i . ,,i .k _ 0 . r > . N. 0 " ...k 1 0 . O -4 ! -'-' N. CI') k a \r' (1 d .o o , C ma s LT) (..x. ' k) f N N 4' ! . off . DJ k to 1 _ L i 1 , - i ACCT# 042. 201 MAP 029 LOT D79 \ ` Iv' LOC 00004 MELVA ST r /�' Plan E DDC. • CERT._, PROBATE .•- 6 59 . Q G 639/ /•Y . ii.29/gj - 7 : 83al ova / ii ( Mom, �. ,-) 44TI7t-Ej 1UE •Q0 ET ui- b 97` ' 7.6 C30116) '.s. -t147 9•3_ = ACCT 2- 202 MA 029 LOT B77 flC 00010 MELVA ST Plan q ' •, - fOE ,DOC. .'CERT. /Z.PROBATE 1 4/✓uli G•D:^in G S4eG• : 7z--- SS (. tyary,S'T .Mje/in 4' ' < Ilco 2y/ . .r r'wil lam �'r: Lio"n&rra e7uy` /3 6 .270',. .. : ',.i Wi1t!Prr 6 -Li o,JATr4 T I9&. .:b lol:.' -q.. &Hi&)) l -lg/Ss1 ::wiliARri- 6: Lto?rct4 Frat;1T Ib340 •I q' 1s00 Z 3 • - -: iNb6 tla T-Lion i i} : - % 11%7• . 10S : . (Yob ' b(t5log3 ' I,rChi N A.` R(.l, tJ : 1 a& 11. '2 GO() . . . 1 t (QS 1 F. ' ACCT# 042. 203 MAP 029 LOT B75 ''1 MI LOC 00016 MELVA ST Plan `;- y': " '',I E ,,, :DOC. _ 'J CERT. -PROBATE , 'a ha. -4lEhoffc�I u,�. ,V.0—o:. :- J , ///lain 3: Zr q n,/hro� /pryfi. sy3 ' . ' ;' • , I . .U_ a . .• . .. , ,.; • I - + - - .. t 1 r 1 V ion Government Solutions Page 1 of 3 4 MELVA ST Location 4 MELVA ST Mblu 42/ 201/// Acct# 4935 Owner ROACH CATHERINE H Assessment $189,000 PID 4935 Building Count 1 Current Value Assessment Valuation Year Improvements I Land I Total 2017 $86,600 $102,400 $189,000 Owner of Record Owner ROACH CATHERINE H Sale Price $60,000 ROACH RAYMOND T JR Certificate Care Of Book&Page 8697/45 Address 29 MAITLAND ST Sale Date 07/27/1993 MILTON, MA 02186-4510 Instrument 1N Qualified U Ownership History Ownership History Owner Sale Price Certificate Book&Page Instrument Sale Date ROACH CATHERINE H $60,000 I 8697/45 1N 07/27/1993 Building Information Building 1 : Section 1 Year Built: 1950 Building Photo Living Area: 1,009 Replacement Cost: $125,081 Building Percent 68 Good: Replacement Cost Less Depreciation: $85,100 Building Attributes Field Description Style ;Ranch Model Residential Grade: Average Stories: 1 Story http://gis.vgsi.com/yarmouthma/Parcel.aspx?Pid=4935 7/14/2017 Vision Government Solutions Page 2 of 3 I, , Occupancy ' 1 i ' Exterior Wall 1 Wood Shingle '��te�' t:". O f.1, #.,, R?, Exterior Wall 2 e #ec`�-t k 1 '(/� , ,. i'- Roof Structure: Gable/Hip Fa Roof Cover Asph/F Gls/Cmp F r Interior Wall 1 Drywall/Sheet Interior Wall 2 1* . Interior Fir 1 Pine/Soft Wood f. st 1 Interior Fir 2 Heat Fuel Electric (http://images.vgsi.com/photos2/YarmouthMAPhotos/A00\02 Heat Type: Electr Basebrd \50/76.jpg) AC Type: None Building Layout Total Bedrooms: 2 Bedrooms Total Bthrms: 1 Total Half Baths: 0 1 Total Xtra Fixtrs: y �PT01 Total Rooms: IF 7 BAD 10 . 1e Bath Style: Average FOP1. Kitchen Style: Modern 2 .. _ 10 Building Sub-Areas(sq ft) Legend 1 Gross Living Code Description Area i Area BAS First Floor 1,009 1,009 FOP Porch,Open,Finished 120 0 PTO Patio 140 0 1,269 1,009 i Extra Features Extra Features Legend Code Description Size Value Bldg# FPL1 FIREPLACE 1 ST 1 UNITS $1,500 1 EOS Encl Outs Shwr 1 UNITS $0 1 Land Land Use Land Line Valuation Use Code 1010 Size (Acres) 0.19 Description SINGLE FAM MDL-01 Frontage 0 Zone Depth 0 Neighborhood 0050 Assessed Value $102,400 Alt Land Appr No http://gis.vgsi.com/yarmouthma/Parcel.aspx?Pid=4935 7/14/2017 Vision Government Solutions Page 3 of 3 Category Outbuildings Outbuildings Legend Code 1 Description 1 Sub Code Sub Description I 111 Size Value Bldg# 1 SHD1 ;SHED FRAME I I 64 S.F. $0 1 Valuation History Assessment Valuation Year Improvements Land Total 2017 $86,600; $102,400 $189,000 2016 $86,600 $94,200 $180,800 2015 $78,700 $90,100 $168,800 (c)2016 Vision Government Solutions,Inc.All rights reserved. http://gis.vgsi.com/yarmouthma/Parcel.aspx?Pid=4935 7/14/2017 Vision Government Solutions Page 1 of 3 16 MELVA ST Location 16 MELVA ST Mblu 42/ 203/// Acct# 4932 Owner SWAN GRETCHEN H TRS Assessment $169,400 PID 4932 Building Count 1 Current Value Assessment Valuation Year 1 Improvements Land Total 2017 III $63,500 $105,900 $169,400 Owner of Record Owner SWAN GRETCHEN H TRS Sale Price $100 C/O HARRIS STEPHEN B Certificate Care Of Book&Page 28879/79 Address 109 FAIRVIEW AVE Sale Date 05/20/2015 BELMONT, MA 021861 Instrument 1F Qualified U Ownership History Ownership History Owner Sale Price Certificate Book&Page Instrument Sale Date SWAN GRETCHEN H TRS $100 28879/79 1F 05/20/2015 HENNESSEY THERESA H TR $0 8939/81 12/10/1993 HENNESSEY THERESA H TR $0 Building Information Building 1 : Section 1 Year Built: 1940 Building Photo Living Area: 528 Replacement Cost: $91,235 Building Percent 68 Good: Replacement Cost Less Depreciation: $62,000 Building Attributes Field I Description Style Ranch Model Residential http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid=4932 7/14/2017 Vision Government Solutions Page 2 of 3 a rr a Grade: Below Average �y� c `�' yi r Stories: 1 Story f p ' 1i1 '+ O 1 '! Occupancy 1 i i.,.. Exterior Wall 1 Wood Shingle Exterior Wall 2 Roof Structure: Gable/Hip i I I Roof Cover Asph/F Gls/Cmp Interior Wall 1 Plywood Panel Interior Wall 2 Interior Fir 1 Pine/Soft Wood (http://images.vgsi.com/photos2/YarmouthMAPhotos//\00\02 Interior Fir 2 \50/80.jpg) Heat Fuel Gas Building Layout Heat Type: Floor/Wall Fur AC Type: None Total Bedrooms: 2 Bedrooms Total Bthrms: 1 7 12 MS 24 Total Half Baths: 0 Total Xtra Fixtrs: - Total Rooms: ,y Bath Style: Old Style Kitchen Style: Old Style 9 12 Building Sub-Areas(sq ft) Legend Code Description Gross Living Area Area BAS First Floor 528 528 FEP Porch,Enclosed,Finished 264 0 792 528 Extra Features Extra Features Legend Code Description Size Value Bldg# FPL1 FIREPLACE 1 ST 1 UNITS $1,500 1 OOS OPEN OUT SHOWER 1 UNITS $0 1 Land Land Use Land Line Valuation Use Code 1010 Size (Acres) 0.21 Description SINGLE FAM MDL-01 Frontage 0 Zone Depth 0 Neighborhood 0050 Assessed Value $105,900 Alt Land Appr No Category http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid=4932 7/14/2017 Vision Government Solutions Page 3 of 3 J rr ti Outbuildings Outbuildings Legend Code Description Sub Code Sub Description I Size Value Bldg# SHD1 SHED FRAME 54 S.F. $0 1 Valuation History Assessment Valuation Year Improvements Land Total 2017 $63,500 $105,900 $169,400 2016 $63,500 $97,400 $160,900 2015 $54,700 $93,200 $147,900 (c)2016 Vision Government Solutions,Inc.All rights reserved. http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid=4932 7/14/2017 - Vision Government Solutions Page 1 of 3 • 111 GROVE ST Location 111 GROVE ST Mblu 42/ 208/// Acct# 4927 Owner TORTOLA ANGELO TR Assessment $173,700 PID 4927 Building Count 1 Current Value Assessment Valuation Year Improvements 1 Land Total 2017 $87,300 $86,400 $173,7001 Owner of Record Owner TORTOLA ANGELO TR Sale Price $100 JOSEPH &LINDA OCCHINO TRUST Certificate Care Of Book&Page 28805/292 Address 18 PIERMONT ST Sale Date 04/16/2015 WATERTOWN, MA 02472 Instrument 1F Qualified U Ownership History Ownership History Owner Sal rice Certificate Book&Page Instrument Sale Date 'TORTOLA ANGELO TR $100 28805/292 1F 04/16/2015 OCCHINO JOSEPH $100 28805/284 1F 04/16/2015 OCCHINO JOSEPH TRS $100 24180/206 1F 11/20/2009 OCCHINO JOSEPH $0 1200/583 05/13/1963 OCCHINO JOSEPH $0 Building Information Building 1 : Section 1 Year Built: 1965 Building Photo Living Area: 816 Replacement Cost: $122,506 Building Percent 70 Good: Replacement Cost Less Depreciation: $85,800 Building Attributes Field Description http://gis.vgsi.com/yarmouthma/Parcel.aspx?Pid=4927 7/14/2017 ,,.. Vi4on Government Solutions Page 2 of 3 SA/le ` Ranch k °3 f t' °i, Model Residential �,�y�s/�� F. 4 .. •r' u� 4• Grade: Average k _i Stories: 1 Story ... ,, i Occupancy 1 Exterior Wall 1 Asbest Shingle % Exterior Wall 2 -i Roof Structure: Gable/Hip Roof Cover Asph/F Gls/Cmp Interior Wall 1 Drywall/Sheet (http://images.vgsi.com/photos2/YarmouthMAPhotos//\00\02 Interior Wall 2 \50/85.jpg) Interior FIr 1 Hardwood Building Layout Interior Fir 2 Heat Fuel Gas Heat Type: Forced Air-Duc AC Type: None :AS Total Bedrooms: 2 Bedrooms BM Total Bthrms: 1 Total Half Baths: 0 '4 2 Total Xtra Fixtrs: Total Rooms: Bath Style: Old Style Kitchen Style: Old Style Building Sub-Areas(sq ft) Legend Code Description Gross Living Area Area BAS First Floor 816 816 UBM Basement, Unfinished 816 0 i 1,632 816 Extra Features Extra Features Legend Code Description Size Value Bldg# FPL1 FIREPLACE 1 ST 1 UNITS $1,500 1 EOS End Outs Shwr 1 UNITS $0 1 Land Land Use Land Line Valuation Use Code 1010 Size (Acres) 0.11 Description SINGLE FAM MDL-01 Frontage 0 Zone Depth 0 Neighborhood 0050 Assessed Value $86,400 Alt Lana Appr No Category http://gis.vgsi.com/yarmouthma/Parcel.aspx?Pid=4927 7/14/2017 Vi on Government Solutions Page 3 of 3 ti rt • Outbuildings Outbuildings Legend No Data for Outbuildings Valuation History Assessment Valuation Year Improvements Land Total 2017 $87,300 $86,400 $173,700 2016 $87,300 $79,500 $166,800 2015 $76,700 $76,000 $152,700 (c)2016 Vision Government Solutions,Inc.All rights reserved. http://gis.vgsi.com/yarmouthma/Parcel.aspx?Pid=4927 7/14/2017 Visn Government Solutions Page 1 of 3 109 GROVE ST Location 109 GROVE ST Mblu 42/ 209/// Acct# 4926 Owner NUSSBAUM RICHARD I Assessment $207,500 PID 4926 Building Count 1 Current Value Assessment Valuation Year Improvements Land Total 1. ___ _ _ -- ------ --- —. ------- ------ 2017 $121,100 $86,400 $207,500 Owner of Record Owner NUSSBAUM RICHARD I Sale Price $110,500 NUSSBAUM BARBARA 0 Certificate Care Of Book&Page 7575/293 Address 42 WINNE RD Sale Date 06/18/1991 DELMAR, NY 12054 Instrument 1N Qualified Q Ownership History Ownership History wner Sale Price Certificate Book&Page Instrument Sale Date NUSSBAUM RIC $110,500 7575/293 1N 06/18/1991 Building Information Building 1 : Section 1 Year Built: 1982 Building Photo Living Area: 1,116 Replacement Cost: $151,399 Building Percent 80 Good: Replacement Cost Less Depreciation: $121,100 Building Attributes Field Description Style Cape Cod Model Residential Grade: Average Stories: 1.5 http://gis.vgsi.com/yarmouthma/Parcel.aspx?Pid=4926 7/14/2017 Vision Government Solutions Page 2 of 3 • Tt } O;cupancy + 1 Exterior Wall 1 Wood Shingle Exterior Wall 2 .�^4_' a; Roof Structure: Salt Box _ Roof Cover Asph/F Gls/Cmp Interior Wall 1 Drywall/Sheet / Interior Wall 2 er Interior Fir 1 Carpet Interior Fir 2 Heat Fuel Electric (http://images.vgsi.com/photos2/YarmouthMAPhotos/A00\02 Heat Type: Electr Basebrd \50/84.)pg) AC Type: None Building Layout Total Bedrooms: 2 Bedrooms Total Bthrms: 2 Total Half Baths: 0 Total Xtra Fixtrs: 0 1� 20 Total Rooms: 3i :AS BM Bath Style: Average Kitchen Style: Modern '4 Building Sub-Areas(sq ft) Leoend Code Description Gross Living Area Area BAS First Floor 744 744 FHS Half Story,Finished 744 372 UBM Basement,Unfinished 744 0 WDK Deck,Wood 200 0 2,432 1,116 Extra Features Extra Features Legend Code Description Size Value Bldg# EOS End Outs Shwr 1 UNITS $0 Land Land Use Land Line Valuation Use Code 1010 Size(Acres) 0.11 Description SINGLE FAM MDL-01 Frontage 0 Zone Depth 0 Neighborhood 0050 Assessed Value $86,400 Alt Land Appr No http://gis.vgsi.com/yarmouthma/Parcel.aspx?Pid=4926 7/14/2017 Vision Government Solutions Page 3 of 3 Category Outbuildings Outbuildings Legend No Data for Outbuildings Valuation History Assessment Valuation Year improvements Land Total 2017 $121,100 $86,400 $207,500 2016 $121,100 $79,500 $200,600 2015 $110,000 $76,000 $186,000 (c)2016 Vision Government Solutions,Inc.All rights reserved. http://gis.vgsi.com/yarmouthma/Parcel.aspx?Pid=4926 7/14/2017 Vision Government Solutions Page 1 of 3 113 GROVE ST Location 113 GROVE ST Mblu 42/ 207/// Acct# 4928 Owner FIVE SHAMROCKS LLC Assessment $211,300 PID 4928 Building Count 1 Current Value Assessment Valuation Year Improvements Land Total 2017 $124,900 $86,400 $211,300 Owner of Record Owner FIVE SHAMROCKS LLC Sale Price $220,000 Care Of Certificate Address 32 AUTUMN LN Book&Page 25997/243 BELCHERTOWN, MA 01007 Sale Date 01/12/2012 Instrument Qualified Q Ownership History Ownership History Owner Sale Price Certificate Book&Page Instrument Sale Date FIVE SHAMROCKS LLC $220,0001 25997/243 01/12/2012 GULLIVER LORI E $129,900 1 11400/ 112 05/01/1998 Building Information Building 1 : Section 1 Year Built: 1987 Building Photo Living Area: 1,080 Replacement Cost: $153,568 Building Percent 80 Good: Replacement Cost Less Depreciation: $122,900 Building Attributes Field Description Style Cape Cod Model Residential Grade: Average http://gis.vgsi.com/yarmouthma/Parcel.aspx?Pid=4928 7/14/2017 Vision Government Solutions Page 2 of 3 j. r . Stories: 1 1/2 Stories `�R' a +ire jir ' Occupancy 1 -!a • Exterior Wall 1 Clapboard = _ <r i ,� Exterior Wall 2 Wood Shingle Roof Structure: Gable/Hip �w 1 Roof Cover Asph/F Gls/Cmp ,w _ _ - . s —� . Interior Wall 1 Drywall/Sheet I ' 'Interior Wall 2 Interior Fir 1 Carpet Interior Fir 2 (http://images.vgsi.com/photos2/YarmouthMAPhotos//\00\02 Heat Fuel Gas \50/86.jpg) Heat Type: Forced Air-Duc Building Layout IAC Type: None i 'Total Bedrooms: 2 Bedrooms Total Bthrms: 2 Total Half Baths: 0 Total Xtra Fixtrs: •Bit Total Rooms: .4 y Bath Style: Average i Kitchen Style: Modern Building Sub-Areas(sq ft) Legend Code Description Gross Living Area Area BAS First Floor 720 720 FHS Half Story,Finished 720 360 UBM Basement,Unfinished 720 0 WDK Deck,Wood 256 0 2,416 1,080 Extra Features Extra Features Legend Code Description Size Value Bldg# FPL2 1.5 STORY CHIM 1 UNITS $2,000 1 EOS End Outs Shwr 1 UNITS $0 1 Land Land Use Land Line Valuation Use Code 1010 Size (Acres) 0.11 Description SINGLE FAM MDL-01 Frontage 0 Zone Depth 0 Neighborhood 0050 Assessed Value S86,400 http://gis.vgsi.com/yarmouthma/Parcel.aspx?Pid=4928 7/14/2017 Vision Government Solutions Page 3 of 3 I Alt Land Appr No Category Outbuildings Outbuildings Legend No Data for Outbuildings Valuation History Assessment Valuation Year Improvements Land Total 12017 $124,900 $86,400 $211,300 2016 $124,900 $79,500 $204,400 2015 $113,400 $76,000[ $189,400 i (c)2016 Vision Government Solutions,Inc.All rights reserved http://gis.vgsi.com/yarmouthma/Parcel.aspx?Pid=4928 7/14/2017 Page 1 of 1 Brandolini, Jim From: Brandolini,Jim Sent: Sunday, April 07, 2013 11:32 PM To: Grylls, Mark Cc: Cipro, Linda; Williams, Kathleen Subject: 10 Melva Street Lot Status Update Mark: Please be advised that as a follow up to our Tuesday April 2, 2012 meeting with the property owners of 10 Melva Street, at home on Friday April 5, I reviewed this new package of information that was provided us,during that meeting. In reviewing the case law(Adomowicz vs.Town of Ipswich, and the Land Use Manager Editions, it does appear that a recorded deed can be an acceptable method for creating a re- defined lot(s)during the time frame in question. Based on the 1962 deed descriptions and subsequent deeds, for the parcel in question, 15 feet was added on one side, (calculated contribution of 1,460 s.f.)and 25 feet added on the other side, (calculated contribution of 2,444 s.f.) totaling a calculated 3,893s.f. The original 1945 subdivision plan shows this lot contained 4,867. s.f. Adding 3,893 s.f. the total land area totals 8,793 s.f.or.20 acre,which is reflected on the Assessors' map. A secondary consideration is that a land taking by the Town in 1963 totaled 1,800 s.f. Unless I am missing something, that would reduce the lot size to 6,960 s.f. This analysis raises two questions: 1. What was the lot size before and after the land taking for the road? 2. During the 1962-1963 time frame, the minimum land area requirement was 8,500 s.f., and then increased to 15,000 s.f. in July, 1973 for the zoning district in which the lot lies, based on the historical mapping. Based on the fact the land taking may have reduced the lot to less than 8,500 s.f., is there legal precedent for such land taking that would extend the lot`protection" I will call the owner on Tuesday to ascertain the facts and documentation concerning the land area issues. If it is definitively determined the land area was reduced to 6,960 s.f., then the owners will then have to pursue and address the legal precedent issue. Jim � _ , S---, 4/10/2013 • • • There is no point in creating a plan of lots already separately conveyed. To interpret Section 6 to. re- quire separate ownership at :the time of 'recordifg' or endorsement of a plan showing more than one lot is to render it meaningless because such a plan by its very nature implies that the lots created thereon are all initially in common ownership and then sub- sequently deeded to individual owners. One cannot have separate ownership before the plan because there must be a plan showing the tract of land so divided before lots may be separately deeded and owned. However, if there is such a plan, the separate owner- ship criteria of Section 6 would never be satisfied, even to subsequent individual lot o=ars, because initially all lots shown on the plan were commonly • owned. The language of Section 6, therefore, becomes a nullity. It is hard to place any reliance on an analysis which results in such a barrenness of result in legislative effort.' While the Massachusetts Appeals Court was deciding Sieber. landowners • were battling the Town of Ipswich over the interpretation of the separate lot provision. Eventually, through a roundabout process, their appeal reached the Massachusetts Supreme Judicial Court. The landowners had initially sued the town in Federal court and on appeal , the United States Court of Appeals for the First Circuit requested the Massachusetts Supreme Court to interpret the separate lot provision. The town of Ipswich had refused to issue building permits on the view that the Massachusetts Appeals Court had incorrectly interpreted the separate lot protection provision of the Zoning Act in the Sieber decision. In deciding Adamowicz v. Town of Ipswich, 395 Mass. 757 • (1985) , the Massachusetts Supreme Judicial Court interpreted the • separate lot provision by responding to three questions which had been posed by the Court of Appeals. The court agreed with the Sieber decision and reached the following conclusions: 1). the word "recording" as appearing in the separate lot rovision means the recording of any instru— ment, inc u i g a deed; 2). the statute looks to the most recent instrument of record prior to the effective date of the zoning change from which the exemption is sought; and 3). a lot meets the statutory requirements of the separate lot provision if the most recent instrument of record prior to a restrictive zoning change reveals that the lot was separately owned, even though a pre- viously recorded subdivision plan may reveal that the lot was at one time part of land held in common ownership. - 3 - 11I9R TOWN OF YARMOUTH tto BUILDING DEPARTMENT y 1146 Route 28,South Yarmouth,MA 02664 _^;?���,a 508-398-2231 ext. 1261 Fax 508-398-0836 T FILE COPY July 2,2013 Ms. Cynthia Marie Allen 43 Under Pin Hill Road Harvard, MA 01451 Re: 10 Melva Street, South Yarmouth Map 42,Parcel 202, aka lot 77 Dear Ms.Allen: On June 21, 2013, I sent a memo to George Allaire, DPW Director, concerning the 1963 land "taking/easement"of Melva Street(copy enclosed). His email response is also attached. On July 1,2013 Town Counsel,Bruce Gilmore,responded with his legal opinion that"The taking was for an easement only" "The area of the lot subject to the easement is 8,761.5 sq.ft.so I believe that the lot is buildable." (Copy enclosed) Based on Attorney Gilmore's legal opinion and the June 11, 2013 plot plan stamped June 20, 2013, depicting the land area noted above and ninety(90)feet of frontage,this department now determines this parcel qualifies for protection as per MGL, Chapter 40A,Section 6 and zoning bylaw,Section 104.3.4, Nonconforming Lots and is buildable for zoning purposes. As with all lots it shall comply with all other applicable regulations and laws,such as conservation regulations,if applicable and Title V(septic)regulations. Please contact this office should you have any further questions concerning this matter. Very truly, Cpp1 James D. Brandolini, Building Commissioner cc: Mark Grylls, Building Commissioner Zoning Board of Appeals