Loading...
HomeMy WebLinkAboutLot Inquiry 8/10/00 • aR T al`11.DiNU // deo TOWN OF YARMOt� TH E�- R,C:,1_ • - '1 11-iIiRQL'TE_6 SOUTH YARMOL1TH M.ASSACHL'S61't5O2664-451 • run,Kc f "x PLUMBING ' ,.`�set► Trlric�ttc (a()fi) 391�-'�91. Ext. .61 -- Fes: (508) 3982365 SIGNS BUILDING DEPARTMENT BUILDABLE LOT INQUIRY FORM r 1 k.-.4 -5 ` B° ( 'll r • r 1 ), I • OF/Y/r;7 • Lot No. ��- Asscssovap No. �3 Strca37 P)� a.,� ", � 2-. Endorsement Date of Subdivision Plan and Type ('if applicable) • • Total Land Area(sq. ft) , u " ! T .3 Frontage .ro / B 7/e--•2 - Name of Current Owner of , s4 Address Winvii lufiiut/ Tdcphoae No.T/�=(),aS7 Inquire's Name ¢f different from owner)` la1/Uicu ;;u.,t Telephone Noll-4,Pin J Inquire's Mailing Address'6si/ r/)',i _V I fJ�,r/T r)7 i;rr,id1 Building-Intent 5iN c 4-'.4-m m 4-y Adjoining Lot Numbers r 1, 6 2, 6 3, 2 9 Signature of Applicant 11J6 4y��;a u 'i Date of Inquiry FOR.OFFICE USE ONLY JUL 1 9 2000 0 1 ___Does not conform with M.G.L. Chapter 40A, Section 6, single lot tin, or Definitive Plan Exemption and/or the applicable Toning bylaw, as per information provided. - • • Reason 1,cr (ga d _7 7 . 4e-c �- ��.-•-T ,, -'-' e' t`''7 _ , 4 ,i .,!-x-i c ±',---( .r _A`„ . (--r eel•-,---tr--(X er �e,,-e,, (Q dot-7 ram` �` �rr 2 ' ' ,a„-e-c o� " K , . /tc,a,-q' ./ r',/ U r _Conforms.with M.G•L�,,.A, Section 6, single lot exemption? and/or applicable zoning bylaw, as per informatioil'provided. • • • '� ____Protected pursuant to M.G.L. Chapter 40A, Section 6,Definitive Plan Exemption. ,Application is incomplete. Commenyl; • ___Adequate read access rnustbo'prescnt. Determination of access shall be determined by the Planning Board Cif applicable). __Mug satisfy Title V requires, • ' _. • • Must satisfy ConscrVation regulations, if applicable. ' � , , 11 r- 7 (19A70) - -- - - - -• -BL} - - - . •-/ (18K20)_ 4 - e'90 e .30 AC,,' (1a 97 kliik .95i 25A O ,• O (19A72) _!�19A6 Q 71>. �y/� 3'LC (. .26 /�� �O19Afi8��> 6, 98 0, /7 93 / / ''.90 AC-- n (19A7� TOWN OF YARMO 11 R/-..ito p {19A821. / •64AG 34 AC /. (1 1A59) 72 •�' 92 A�M b� 7 % l� .31<} j (ToVv) �� 11 fi C14) '91ic. 0.65AC k, 4, 88'-- ~/1/(./ . (1 A57) 5. (16L20) > �Q- AC .26 AC' }} 69j/' `Y 100 117 87 i. (19A58) (1 325A4)C Li19A= 119K7A 73 2,2�AC'„ /(19f110) ,31 ,Ni7 �"- (18L21) 38 AC -`_ ' 1�1 60 / 113 4� .24 AC � 86 j (122 (:241AC �1) � (133-) ( 8K6A) .1 ,22 AC 46 .19 AC�`1 �� (1 A6 �Q- ga. , S19L221 r1 15 ' • R1,AC (19Pf�) l�J Al1 ai Q S-94/ /114/. r, c Q' 1}5 '` �a O� (13A6512 4/�4 J 22'AC ;.22 t /1 J (18K5A) .112 91 i �,_.Jg AC 76' 66, i119N31 l 6. (18L29) '` �� (1987) • (191313) .22 AC a �11, 116Z 24 AC 21.A� 22 AC `1 101 � ' �l (1 3A50 94 • /. 19N21 (. 111? a' (111Z4i 77 / (19R14) ( 2 AC -' (19N2-4Y '. Z,9 138 `419,AG.,1 (18Y6) .22 AC `ti .23 AC ) �tc 4) .22 ACt02, 11 243L2AC S /78/ 64 (192 22 A111 C e' (19N8I ��' /$3' �- 191113) �i 103 �\ A �18Y51 3 F 100' (181C3A1/ 22 AC 27 AC Civ, ( ©N2-9) 19 AC,�� _ V s , -.23 1126N6 9 �� 63 ,50 ,104 82 /' Y4) (19E1161 �19P3) i,9 (19N2�A�) I` /7 ' 22 AC ' .22AC n .18 AC RQ , "_ 5 18Z2)/ �; 1' 1-0 At N ) </-49 OR /A Q j1105 ,/ �//n ?~ 6219P51 �' ,.> {196 AC /`J 0 (19P30) Q� (�123AC (18Y17)22AC (.19AC 1, lj IQo l�q \ 0;4>4AC th y 8181 +y� 622 i119A(18Y2) (18Y21E1) a (19N5) . /\119P31 (19P3741 .19 AC 8 27 AC -� 41 AI 1 .22 AC 2�AC t` 19QC a \ �� 4 7 r % /613 60i �� (19 Pfl) `Id N4) // C co ea (118Yi)> 11.P21AC (19P3=3) 19 AC (1�7 AC \ 42 ? 92 a+ 19 , 19 Aq �` (19P29) `'> '� 46 �� • 44 ACC 4' 6• S/`�F� (16 Y2 1 �• 54 (t9P1A1)C t\� ` 45 / < ��� \41 �� l - ? BIIC .192) 1g .25'A� (19P281) �� 0.19 AC \ 41 '7 15 (8X9i /29' • 21I+JC (18P11 30 33 t2' .6� 'stp.10 AC ,.,(19P12) (19P 0) 19P23)) (1271, fit) (t020b.L� / 73fl AQ �� (19N1 1) j .��AC �� ��27dC \2 ALA 6j /� "• 97,AC I //AC ►t,v� `� �3's 2.8 1551 (18X1-616) >a 19 5 21 �1�31AC �.q (.20 AC° .20 AC' c• 27 / �'I �� 2 AC r /� ; (19R5) r "o 30, '9,q/� %�� / 0.21 AC 6 a� y�e 0 // (19P,25) ®O�i c_ r7/ (i9n4);' 11Fl 6 1) /31 AC ,yh '1 2 (162),, .45 AC /1 q A_ 18 (13A18) , �� 35 A � (1A4hp Q \ R(),qO 1125 313 ;� 0.45 AC ?7 700 `1 //5Est, /24 / �? /: (13A1 1 (12L7) 19 .32AC ,'> -- ENGLEWOOD SHORES _ //�35A Plan of Land in Yarmouth . Scale 80 feet to an inch - JANUARY 1926- northwest sideline of Lot 4 , Block N, G. f. Clemenf�-awl En Ineer� corrected from 95 feet to 85 feet . 9 I (1/24/77) I _ Daniel S. Drew --v•q-783.98 - • 197.72 9.39'J7 Jn`a 376.2I • ;i7"m p'.F 22(1.OS 5 46°78 40f% � ilI �.S _mac __- ron �40.t� >2011 a 6B '� ,D g ANDY LANE ,, , ti °o I � 1pNYANNf ARO 7o 0 Q120, � STATE ,alw(' Q % • 2 hNI330. :',4!,,.,. � i� 9 *ik � • "-'Z _ sI Ei '-. i 4� ----\ S...,• 120. r20 C� no. ,70. so. EGG a K4RBOR o'ra x Rp. l. ',80. 80. �: ' / rooms �41, I � I \ - JY ' 7 •. o • It+n >� m s •-. 120 �': 121 _ 0 /00 100. 117.61 ,�, ll 4•d• `i'.."! C$W bI 1 v.$�L7�i•1 i no 120. . /00. I ron_ • $ J ccLLJ o%s6 y o ac+� '°°o 4M r�W o i ao. 120 ' r00. o /00. 2 sN 4 4 \ . wy �' .� m w� [t- J _ r�u. 120. , /00. /00 a ' ti `Y 0. 0. o S.44°,4SOff. ae ''- $ N 66 Q. N .d w ' 1 .i 232 'c 1.r 1 .F\ v 100. 10O. a �YU 80. 80 a,,,. " Is . q' 1 SILVER 5.40°Y4 0E ,�; ;.-L r _ 3. ' ---- - - - �0.o3j; • , P,,330-LEAF4_ 5 40.,4 54 4 LANE o 1,• 58.11 92. 12. 92. 72. ` ..q /0.9 70. o /1744' •a Vt o B/.82' 92. _ 91. W 90 90. 81.r8 ti \IP 120. :.. '� olV8 'M gg ' tt1ao $ fV $ 'M �., 56.48 _ 92. 92. 92. n. �• :IR 8D. 5373 btp!� ,r a a, �.n,"l4 bI R -ter °ro L. 120. 0 $ RAINBOW 't, �.sOAD' ,.a ;P 54.19 88. 81. .,81. 61. 3 • c0 ,66. 8Src' Sr W- n : ed e. m $ "ao g n o 'too .,co„ mPINEro ''y'1--� Q 8980 88. 18.1 81. 81. 1 'a i°'w to ` y , °' -t,r 120 cc - a tV o Mgd' 8cn$ 666. iJ; _ ,11W .59 �'' �8`;s ' N x !} _ 9 ./� 86. so. Sf. 6p. 1" ` au) .m ii/444::''' / Ko rm. YWISTERIA 5.40 /4'°'1AbAD v , .` m 135.06 ' /35.06•4 `°u> > 54'i 83. 83. 83. 63. ''{, "9*/ 1� °a H 145 6!�? cc� _ Q tt7Cti 'o ! '� l20. • W H O M m h a0 n 't0 ' l?8.70 ro /18.79 "b O •:'a ._.i ,EMERALD • 1 N o .A 9a65 M. �a.' 83 af. w Nd • � M s6,' rn co .2 -LNG M d L 'nit C 5 /a C • .s• eM N• a3N 5.67 8 .� ,,. , .18_ n . 8 •art 5ot,, 118.26 ft /16.16 !L . •t w•• MFR4NKLIN ST. E .. .,. res.67 4',.i .' d438 80. 80. 80. 1ut'< ;N > -'-` ,m I 71. I e c) t ry Q t. 'm to 'i A g 00 $ o t0 X f 1. S4IIO4• 5 f 3,7 4, �4 ,,t_t i �., F7tANKLI NcPt 'r- I12 _ 80. 80. II 80. 80,1 . , o 'o •A 5.67 k..- N' i`^'1 ,, • •6. lh ',. k c 117. OC M 4 �� .. 0•L ,,a l .' 81. 80. 80. f7.21• • s 6 \I°' e`h Io Z. M w S4 •Id'Sa'�. °' b y" e m 9BERWICK ROADS 45 „. 140.58 4' C 'e Q '#.: • . • • 7Z. .4 s' v 4 65, (.i W z" M1:44 r a 003 '.c r . a,. .. • 1'.,. . m 112• 3J � 'Xi ll6 C IQ c ' `U WATER Do •I, .s �>x moo'V7 M = Av+ ' FP aBVULEYARdr 4;5 Y q a' '• •�W L. �'. Y i ,p i PEARLSr - c '*. '2.t•Ii, - . at i �� ti it �Q°'a�• _ ,/. BROADN'AY LEWIS 8.4� 9- 7 / , Cooy of part of plan • {J/ed in -- • • LAND REGISTRATION OFFICE APRIL /2, 1926 ^ Scale of this plan 244 feet iv an inch Lan flied with Certifio tb\N 1e/(Nr;-. C.B.Humphrey, Eqineer for Court.. 4 79 YAR TOWN OF YARMOUTH 1� BUILDING DEPARTMENT r, � of � �y „ =E% 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 261 March 12, 2001 Law Offices of Myer R. Singer Andrew L. Singer 26 Upper County Road P. O. Box 67 Dennisport, MA. 02639 Re: 37 Pine Grove Drive Lot Determination Dear Mr. Singer: Reference is hereby made to your letter of January 25, 2001, concerning a negative determination I made on August 14, 2000, with respect to the buildability of lot 62, shown on Assessors' map 23 aka 37 Pine Cone Drive. The decision that lot 62 did not qualify for either the separate lot protection or the common lot protection, so called, was reached based on the following: FACTS 1. Lot 62 contains 9,583 +/- square feet of land area 80+/- feet of frontage 2. Lot 62 became non-conforming on March 7, 1960 when the Town voted to change the requirement from 8,500 square feet to 10,000 square feet of land area. 3. Lot 62 & lot 79 "fell into common ownership"in July 16, 1964 when Mary A. Luminari, the owner of lot 79, purchased lot 62. 4. These lots have remained in common ownership since that time. SEPARATE LOT PROTECTION 1. The Town's zoning bylaw Section 103.4, para. 1 Single lots,provides that"Any increase in area, frontage or other dimensional requirements of this zoning bylaw shall not apply to a lot for single family residential use which, at the time of recording or endorsement, whichever occurs sooner, conformed to then existing requirements, had less than the new requirement but at leas five thousand square feet of area land fifty feet of frontage and was not held in common ownership with any other contiguous lot at the time of, or since, the effective date of the increased requirements." Page 2—Andrew Singer 3'7 Pine Cone Dr.March 12,2001 2. The Adamowicz case addressed the issue of: What date and instrument determined if a lot was in common ownership for purposes of M.G.L. Chapter 40A, Section 6. 3. No Adamowicz related case suggested that the single lot protection continued when the lot later fell into common ownership with an adjoining lot. 4. Effectively Anne M. Preston vs. Town of Hull Board of Appeals, Superior Court No. 97-1087-B decided that a lot held in separate ownership at the time it became non-conforming and then subsequently"fell into" common ownership with an adjoining lot is considered to have merged for zoning purposes. 5. Lots 62 and 79 have been held in common ownership since July 16, 1964 through the current date. Therefore, lot 62 does not qualify for this protection and these lots have merged for zoning purposes. COMMON LOT PROTECTION 1. Section 104.3.4, para. 2-Two (2) or three(3) adjoining lots,provides that "Any increase in area, frontage or other dimensional requirements of this zoning bylaw shall not apply to a lot for single family residential use, provided the plan for such lot was duly recorded or endorsed and such lot was held in common ownership with contiguous lots and had less than the dimensional and density requirements of the newly effective zoning--" 2. Lot 62 was not held in common ownership at the time of the newly effective zoning ( March 7, 1960) and therefore does not qualify for this protection. In summary based on the foregoing, lot 62 does not qualify for either the single lot or the common lot protection provisions afforded in MGL Chapter 40A, section 6 and Section 104. 3.4 para. 1 and 2 the Town's zoning bylaw and I deem them to have merged. Finally, you have the right to appeal this decision to the Board of Appeals within thirty (30) days pursuant to M.G.L. Chapter 40A, Section 15. Very truly, ci'Vt# James D. Brandolini, C.B.O. Building Commissioner cc: Board of Appeals -- _ + � � � . , ' � � � � . ` � ' . � � . | � ' ^ � » » ^ � ~ --~�~ \ � . / ' i ` . - _ - --� __- /°_�^~-~__- ___�_-'- _ _- - - LAW OFFICE OF MYER R. SINGER 26 UPPER COUNTY ROAD,P.O.BOX 67 DENNISPORT, MASSACHUSETTS 02639 MYER R. SINGER TEL: (508)398-2221 ANDREW L. SINGER FAX: (508)398-1568 January 25, 2001 James D. Brandolini, Building Commissioner n i' Vri 7 Yarmouth Town Hall 1146 Route 28 J A 9V South Yarmouth, MA 02664 2001 By _ I I GDE Re: 37 Pine Cove Drive, West Yarmouth Assessor's Map 23, Parcel 62 (18/Y17) Dear Jim: I am writing regarding an interpretation you made as to the buildability of the above- referenced lot. I have researched the title and zoning of the property as well as the three adjoining parcels, including review of Deeds, Certificates of Title, Land Court Plans and old Yarmouth Zoning By-Laws and Zoning Maps. Based on this research and as detailed in the enclosed Memorandum, it is my opinion that property is a separately buildable lot under M.G.L. Chapter 40A, Section 6 (Paragraph 4) and can also be found to meet the grandfather provisions of Section 104.3.4(2) of the Yarmouth Zoning By-Law. I would appreciate your reviewing the enclosed information and determining that 37 Pine Cone Drive is in fact a buildable lot. Thank you for your assistance in this matter. If you have any questions or if I can provide any additional information,please call. Very truly yours, AYL,..t-eA/L---) Andrew L. Singer ALS/a Enclosures F:\DOCS\WORK\A1122LTR.LUJ LAW OFFICE OF MYER R. SINGER 26 UPPER COUNTY ROAD,P.O.BOX 67 DENNISPORT, MASSACHUSETTS 02639 MYER R. SINGER TEL: (508) 398-2221 ANDREW L. SINGER FAX: (508)398-1568 MEMORANDUM To: James D. Brandolini, Building Commissioner Town of Yarmouth S From: Andrew L. Singer Re: Buildability of 37 Pine Cove Drive, West Yarmouth Date: January 25, 2001 Introduction You determined that the land at 37 Pine Cone Drive in West Yarmouth is not a separate buildable lot under the provisions of the Yarmouth Zoning By-Law(see copy of enclosed Buildable Lot Inquiry Form). At the request of the landowner, I have researched the title and zoning of the property as well as the three adjoining parcels, including review of Deeds, Certificates of Title, Land Court Plans and old Yarmouth Zoning By-Laws and Zoning Maps. Based on this research and as detailed herein, it is my opinion that property is a separately buildable lot under M.G.L. Chapter 40A, Section 6 (Paragraph 4) and can also be found to meet the grandfather provisions of Section 104.3.4(2) of the Yarmouth Zoning By-Law and that a building permit is warranted to construct a single-family residence on the land. Property The property is shown as Parcel 62 on Yarmouth Assessor's Map 23 (Old Map 18, Parcel Y17)[herein"Parcel 62"]. A copy of a portion of Assessor's Map 23 is attached to this Memorandum. Parcel 62 is also shown as Lot 17, Block H on Land Court Plan 11435-A dated January 1926 (see attached copy). Parcel 62 contains approximately 9,600 square feet of land area and 80 feet of frontage on Pine Cone Drive and is in the R-25 residential zoning district. The Town of Yarmouth adopted its first zoning by-law in 1946. Based on my review of old Yarmouth Zoning By-Laws and Zoning Maps, I believe that Parcel 62 first became nonconforming sometime between 1957 and 1960. It is thus a pre-existing, nonconforming single-family residential lot. Parcel 62 is contiguous with only three (3) other parcels of land, all of which are shown on Assessor's Map 23 —41 Pine Cone Drive (Parcel 61), 33 Pine Cone Drive (Parcel 63) and 14 Merrymount Road(Parcel 79). 1 Grandfather Provision of Massachusetts General Laws. Chapter 40A The first sentence of the fourth paragraph of M.G.L. Chapter 40A, Section 6 provides grandfather protection to certain single-family residential lots: "Any increase in area, frontage,width, yard, or depth requirements of a zoning ordinance or by-law shall not apply to a lot for single and two-family residential use which at the time of recording or endorsement,whichever occurs sooner [sic] [1] was not held in common ownership with any adjoining land, [2] conformed to then existing requirements and [3] had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage." The Massachusetts Courts have held that the key date for determining the buildability of a lot(separate ownership)is the date immediately preceding the date that the lot became nonconforming {see Adamowicz v. Town of Ipswich, 395 Mass. 757 (1985) and Carciofi v. Board of Appeals of Billerica, 22 Mass.App.Ct. 926 (1986)}. Parcel 62 meets the criteria set forth in M.G.L. Chapter 40A, Section 6: 1. Parcel 62 was held in ownership separate from the three adjoining parcels during the time frame of 1957-1960 when it became nonconforming(see Ownership History section below). The first criteria(separate ownership on the date e3 immediately prior to the zoning change that made the lot nonconforming) is met; 2. Prior to the change in zoning raising the lot size and frontage requirements to 10,000 square feet of area and 100 feet of frontage (1960), Parcel 62 conformed to the then requirement of 8,500 square feet of area and 80 feet of width (frontage)(1957). The second criteria is met; and 3. Parcel 62 contains 9,600 square feet of land area and 80 feet of frontage,more than the 5,000 square feet and 50 feet,respectively, required by Section 6. The third criteria is met. Grandfather Provisions of the Yarmouth Zoning By-Law In addition to State law, there are five separate categories of buildable,vacant nonconforming lots under Section 104.3.4 of the Yarmouth Zoning By-Law. The second category (Two or Three Adjoining Lots) applies to Parcel 62. The first(Single Lots), third _,,,,y- (Definitive and Approval Not Required Plans), fourth(Business and Industrial Lots) and fifth (i ' (Other Nonconforming Residential Lots)categories do not apply either because of zoning if"1classification, size or ownership history. r Under the provisions of Section 104.3.4(2) of the Zoning By-Law, increases in the G 2 dimensional requirements of the zoning by-law"shall not apply to a lot for single family residential use, provided [lithe plan for such lot was duly recorded or endorsed and [2] such lot was held in common ownership with contiguous lots and [3] had less than the dimensional and density requirements of the newly effective zoning but contained at least seven thousand five hundred(7,500) square feet and seventy-five (75) feet of frontage, or contained fifteen thousand (15,000) square feet and fifty(5) feet of frontage if approved under Section 203.2 of this bylaw. This exemption shall not apply to more than three (3) such adjoining lots held in common ownership." All three of the above criteria are met by Parcel 62: 1. The plan of land showing Parcel 62 is dated January 1926 and was duly filed and registered filed with the Land Registration Office as Land Court Plan 11435-A on April 12, 1926). The first criteria is met; 2. Parcel 62 has been in common ownership with one of the contiguous parcels of land(Parcel 79) since July 1964. Since at least 1955, Parcel 62 has never been held in common ownership with more than this one contiguous parcel (see Ownership History section below). Unlike the first and fifth categories of Section 104.3.4 and M.G.L. Chapter 40A, Section 6 (Paragraph 4), the timing of the common ownership is not a specific requirement of the second category. The second criteria is met; and 3. The relevant newly effective zoning requirements increased lot size requirements from 8,500 square feet of area and 80 feet of width(frontage) (1957)to 10,000 square feet of area and 100 of frontage (1960). Parcel 62 contains 9,600 square feet of land area and 80 feet of frontage, more than the 7,500 square feet and 75 feet,respectively, required by Section 104.3.4(2). The third criteria is met. Ownership History of Parcels 62. 79. 63 and 61 Parcel 62. Joseph L. Tracey owned Parcel 62 from March 1930 until July 1963. Ruth G. MacDonald and Evelyn Priestnal owne_dilejand from July 1963 until July 1964. MaA. Lumin&purchased the land on July 16, 1964. `The current owners are John J. Luminari and Dorothy L. Luminari, Trustees of the JJL&DLL Living Trust. Parcel 79. Nils Frederick Anderson owned Parcel 79 from July 1955 until January 1961. 2,y, John M. Sullivan owned the land from January 1961 until May 1962. Helen F. Hogan owned the land from May 1962 until July 1962. Mary A. Luminari purchased the land on July 21, 1962.i The current owners are John J. Luminari and Dorothy L. Luminari, Trustees e L&DLL /� Living Trust. Parcel 62 and Parcel 79 have remained in common ownership in the Luminari family since July 1964. These are the only two lots ever owned by members of the Luminari S / family. / 4 3 Parcel 63. G. Arthur Howard owned Parcel 63 from August 1929 until August 1944. The Town of Yarmouth owned the land from August 1944 until October 1949. Richard K. Johnson and Virginia K. Johnson owned the land from October 1949 until June 1951. Adrian Denbroeder and William J. Doughty owned the land from June 1951 until October 1958. Alston R. Benn and Beverly E. Benn owned the land from October 1958 until September 1968. John A. DeCoste and Patricia K. DeCoste owned the land from September 1968 until March 1976. Daniel J. DeBassio, Jr. and Frances C. DeBassio owned the land from March 1976 until December 1993. Daniel J. DeBassio, III purchased the land in December 1993 and is the current owner. Parcel 61. Frank McManus and Minnie H. McManus owned Parcel 61 from January 1950 until September 1955. Denman B. Wight and A. Lawrence Lovequist were their immediate predecessors in title prior to 1950. Harold F. Faunce and Elizabeth N. Faunce owned the land from September 1955 until January 1967. Robert L. Riemer d/b/a Pickwick Associates took title to the land by foreclosure in December 1991. Donna M. Summers purchased the land in December 1991 and is the current owner. Conclusion As detailed above,Parcel 62 complies with the grandfather provisions of M.G.L. Chapter 40A, Section 6 (Paragraph 4) and notwithstanding the Yarmouth Zoning By-Law is protected for single-family residential use. In addition, Parcel 62 can also be built upon for single-family residential use under Section 104.3.4(2) of the Yarmouth Zoning By-Law as described herein. F:\DOCS\WORK\A1122LTRLUJ 4