HomeMy WebLinkAboutTardif letter 10/22/13 •
LAW OFFICES 01,
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.
ptardif@tardiflaw.com www.tardiflaw.com melissa@tardiflaw.com
REFER TO FILE NO.
October 22, 2013
Mark Grylls
Building Commissioner
Town of Yarmouth
1146 Route 28
South Yarmouth MA 02664
Re: Lot Inquiry Form—Russell Lane property
Dear Mark:
Thanks for the call this morning regarding your analysis of the buildability of the lot
denoted on Map 56 as Parcel 7,to which I will refer as the Rectangular Lot(Russell Lane).
Your inquiry seems to be focused on the frontage on Russell Lane. I can provide you with the
following information.
What is the status and width of Russell Lane?
Despite being labeled on the Yarmouth Tax Assessor's Maps as being a public way,
Russell Lane does not appear to have been taken by the Town of Yarmouth. I visited the
Engineering Department in Yarmouth and inquired about its status and they did not have any
evidence of it being a public way. However,they did have a copy of a deed from A.D.
Makepeace Company to the Town of Yarmouth in which the way is referenced and is shown on
Land Court Plan 33160A. Russell Lane is depicted on Land Court Plans 35157 A, B, C and E
and shows its location. The more difficult question is how wide is Russell Lane? Land Court
Plan 35157E does provide some insight. At the southerly boundary of Lot 6 (the Pork Chop Lot)
on that plan, it appears to show that the neck of the lot is a total of 23 feet wide. There is also a
measurement of 12.72 feet,which seems to be measured from the easterly side of the neck to the
corner bound. It also looks like the corner bound is the easterly boundary of Russell Lane. With
this information, and assuming that Russell Lane straddles the boundary between the Pork Chop
Lot and the lot of Joseph C. Avitabile, I estimate that Russell Lane is approximately 20.5 feet
wide (23 feet— 12.72= 10.28 x 2 =20.5 ±).
Is Lot 7 (the Rectangular Lot) buildable?
The Zoning District in which this is located is the R40 Zoning District which requires a
minimum of 40,000 square feet. The Lot contains approximately 72,310 square feet. The
Zoning District also requires a minimum of 150 feet of frontage, but that can be reduced to 50
feet if the lot can contain a square of 150 feet on each side. When we look at the description of
the property, the ancient calls are measured in rods. However, based on my calculations,the
shorter ends of the rectangle are approximately 12 rods. 1 rod equals approximately 16.5 feet.
Thus,the shorter ends of the rectangle are approximately 198 feet, which would support the
square referenced in Section 203.2.1. Knowing the width of 198 feet, and seeing that Land
Court Plan 35157E,which depicts a call of 78 feet from the place where the Port Chop Lot meets
the Rectangular Lot, I estimate that Russell Lane crosses from east to west approximately 120
feet in length. In addition, Land Court Plan 33160A also depicts Russell Lane traveling an
undisclosed distance north before it bends to the west. I would estimate that you have at least an
additional 30 feet of frontage there.
Finally, it appears that Russell Lane can be used for purposes of frontage calculation.
Section 500 of the Zoning Bylaw defines "LOT FRONTAGE" as that portion of a lot fronting
upon and having rights of access to a way providing legally sufficient frontage for a division of
land under the requirements of M.G.L., c. 41, § 81L., to be measured continuously along a single
street line. There does not seem to be any requirement that Russell Lane be a public way. In
sum, I think that we can meet the requirements to make the Rectangular Lot buildable, as long as
we can make Russell Lane passable.
I hope this information is helpful. Please contact me if you have any further questions in this
ga .
V y Tr Yours,
R. Ta dif
Enc.
Cc: DeWitt P. Davenport