HomeMy WebLinkAboutLot Inquiry 10/24/19 /t.'YaR "h(c-Aa /O/ai/9
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TOWN OF YARMOUTH
t'Acs)3�`° °'-0 $ ®� - BUILDING DEPARTMENT
i %-Cq' . .\% \ 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261
fC,NP�1 Al • INQUIRY FORM (used for zoning purposes only)
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Ass s \moo "No. (o 9 Lot No. /Street Address 7 ... (//V.s'et7 el io i
Endorsement Date of Subdivision Pan and Type (if applicable) AP' / 0 T /95-4
/, J
Total Land Area(sq. ft.) 77/ ) I, Frontage
Name of Current Owner"44-ite ✓/4 dress/J Jf ( //t41 dV Telephone No.�.? 937 ay.7"
Inquirer's Name (if different from owner), Telephone No.
Inquirer's Mailing Address Qj/M'E__
Building Intent Adjoining Lot Numbers /3f ,,,.r /. /44-2-1 i -c
By signing this application I assert my understanding that the purpose of this inquiry is to determine whether the aforementioned
lot(s)qualifies for protection afforded certain heret ore-undeveloped land and that to the best of my knowledge this lot(s) has
never previously been built on.
Signature of Applicant ( ¢ Date of Inquiry fir /leg •/ q
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, .+;;,sr Section 104.3.4, Para. J of the
zoning bylaw, as per the information provided on this date. Comments: / ,' "fi
Q 1,47,..7ir� .
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.)
7 Shall satisfy Conservation regulations,if applicable.
Shall satisfy the Old • gs Highway Regional Historic District Commission (if applicable)
Investigator's Signature c Date /43 - '2 4<- /f
Rev. 8/02
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N/F TOWN OF YARMOUTH
\'- 230± -' "‘ LONG
POND
LOT 2 ��
0 o
p
1 STY LOT 1 ����
LOT 3 W/F \\
29000± SF 1 #15 �
(TOTAL)
`,- 300± -, ))
At
84.08 TO PC AT 1l
INDIAN MEMORIAL SUNSET PINES ROAD "BEACH
DRIVE AREA"
(40')
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Mf^•� Si. PHEN �d`f
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5 Des ROCHE y
No.27699 e,
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MORTGAGE INSPECTION PLAN
ADDRESS: 15 SUNSET PINES ROAD
CITY/TOWN of: YARMOUTH, MASS
SCALE: 1" = 40' DATE: SEPT 4, 2009
DEED AND PLAN REFERENCE
BARNSTABLE Registry of Deeds
Deed Ref 1257/345; 1027/418
Plan Book 130 Page 7
Certification is hereby made to:
POLI MORTGAGE GROUP INC
The permanent structures are approximately
located on the ground as shown, and they
either conformed to the setback requirements
of the local zoning ordinances in effect at
the time of construction or are exempt from
enforcement action under M.G.L., Chapter 40A,
Section 7, unless otherwise noted.
Certification is hereby made that the structure
shown on this plan is not located within a
Special Flood Hazard Area as delineated on the
map of
Community Panel No: 250015 0004C
Effective /revised Date: JULY 2, 1992
By the U.S. Department of Housing & Urban
Development, Federal Insurance Administration.
NOTE: This inspection was prepared in
accordance with the technical standards for
Mortgage Loan Inspections as adopted by the
Commonwealth of Massachusetts, and use for
any other purpose is prohibited.
NEPONSET VALLEY
SURVEY ASSOC., INC.
)5 WHITE STREET
)UINCY, MASSACHUSETTS 02169
rrI rrii_I',Air'. is..-7\ •-• ..-,.-
_ ti,set)
Retu •
ichael J.Nevulis
Lo ine M.Nevulis
73 Ly n Road
Milton, A.o22186
(SPACE ABOVE THIS LINE RESERVED FOR REGISTRY OF DEEDS USE)
QUITCLAIM DEED
I, H. BEVERLY MELLO,A/K/A H. BEVERLEY MELLO, surviving tenant by the
entirety, of Naples, Florida for consideration paid and full consideration of THREE
HUNDRED FIFTY THOUSAND DOLLARS AND 00/100 ($350,000.00) grant to
MICHAEL J. NEVULIS and LORRAINE M. NEVULIS, husband and wife as tenants
by the entirety, of 73 Lyman Road, Milton, MA 02186
with QUITCLAIM covenants
Parcel I PROPERTY ADDRESS: 15 Sunset Pines Road, South Yarmouth, MA
A certain parcel of land with the buildings thereon situated in Yarmouth (South),
Barnstable County, Massachusetts bounded and described as follows:
NORTHEASTERLY by the Way and Beach Area, as shown on the plan
hereinafter mentioned, one hundred eighty (180) feet, more
or less;
SOUTHEASTERLY by Lot 2, as per plan, one hundred ten(110) feet, more or
less;
SOUTHWESTERLY by land of the Town of Yarmouth,as per plan, one hundred
ten(110) feet, more or less; and
NORTHWESTERLY by Long Pond, as shown on said plan.
Containing 15,800 square of land and being shown as LOT (on"Plan of Sunset Pines in
South Yarmouth, Mass. owned by Susan M. Pratt, Scale 1"=40' dated May 10, 1956,
Newell B. Snow, Eng'r" and recorded in Barnstable County Registry of Deeds Plan Book
130, Page 7.
Together with grantor's remaining right,title and interest in the 40' Way and the Beach
Area shown on said plan in common with others lawfully entitled thereto.
For Grantor's title see deed from The First Pennsylvania Banking and Trust Company
dated June 10, 1964 and recorded in Book 1257, Page 345. Also, see death certificate of
Raymond F. Mello recorded herewith.
•
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idsikriy
Parcel II PROPERTY ADDRESS: 7 Indian Memorial Drive,South Yarmouth,MA
A certain parcel of land situated in Yarmouth (South),Barnstable County, Massachusetts
bounded and described as follows:
NORTHEASTERLY by a forty foot way as shown on a plan of land hereinafter
mentioned, one hundred twenty (120) feet;
SOUTHEASTERLY by Lot 3 on said plan, one hundred ten (110) feet;
SOUTHWESTERLY by land of the Town of Yarmouth, one hundred twenty(120)
feet;
NORTHWESTERLY by Lot 1 as shown on said plan,one hundred ten (110) feet.
Containing 13,200 square feet of land and shown as Lot 2 on "Plan of Sunset Pines in
South Yarmouth, Mass. owned by Susan M. Pratt, Scale 1"=40' dated May 10, 1956,
Newell B. Snow, Eng'r" and recorded in Barnstable County Registry of Deeds in Plan
Book 130,Page 7.
Together with the right to use the beach area as shown on the above plan in common with
the owners of Lot 3,4 and 5 and the right of way to such beach area.
For Grantor's title see deed from Susan M. Pratt, dated January 6, 1959 and recorded in
Book 1027, Page 418. Also, see death certificate of Raymond F. Mello recorded herewith.
MASSACHUSETTS STATE EXCISE TAX
PARHSTAPLE COUNTY REGISTRY OF DEEDS
Date: 09-25-2C109 & 02::34pm
C:tl;: 1535 Doct: 55028
Fee: $1+197,00 Guns: $35C1,(tU0,00
BARN' FAELE COUNTY Xcj:`;c TAX
IIRN'I rtF!..E. COUNTY RE;;iISTRY OF D{'.!:c,;:;
52; ec {
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.. N GILBERT Na.. T. N
OF ,AL OF111EVVVQiIAL OFE46„ ,., 0 iiiAL
PLAN O 40 Y
SUNSETINOF EO . AL OFE O. OFE�� ,AL . I
SOUTH Y A T'!4.g OUT N N , i
OWNED 4.,I. • . AL OFF ,IAL OFFICIAL t FT_ ,AL n
S U S A N M. PNQ- T. •N(��+r7y+ N �7y+ �C(j(j((��77((TT7�
SCALE: I"=40' 5 AY 10.195 .EH � l. S o� Q9l Lo
NEWELL B sN�' I'Ij AL O� l/Tl� AL OF AL • Ul A
I
I HEQEe.,CERTIAV THAT TH19 PLAN WA. MADE RR N N '•
IN ACCORDANCE WITN YARMOUYH PIANNIHO.0 pp
IN9TRUCTION9 ANO THAT THE PERMAN e4 IAL OF AL OFEI hAL 0 E: IAL
,HO�/N ON THC�yPIAN ARE IN 2X19T E.NCF oN LLLY• YY
MAY 10,19SG /«.8 4=�
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APPROVED DATE—.111654 1 m a•ns•°• A9y6,..--'
BIONEO OAT // 4 w•
E____t1
YARMOU TH PLAN ^� �_ O m 'I A`aO90
PLANNING BOARD IIM 5'/o v�
/ 6
"u� �• �pyynly I3250z so.FT.
Yj
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BARNSTABLE
a yqY� -Ai� REGISTRY OF DEEDS
,0 ° j U 7+' SEP 7 01958
M 6 a2 0. RECORDED
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Visior Government Solutions Page 1 of 3
7 SUNSET PINES RD
Location 7 SUNSET PINES RD Mblu 69/ 17///
Acct# 9978 Owner NEVULIS LORRAINE M
Assessment $149,600 PID 9978
Building Count 1
Current Value
Assessment
Valuation Year Improvements Land Total
2019 $0 $149,600 $149,600
Owner of Record
Owner NEVULIS LORRAINE M Sale Price $100
Care Of Certificate
Address 15 SUNSET PINES RD Book&Page 30766/0180
SOUTH YARMOUTH, MA 02664 Sale Date 09/15/2017
Instrument 1F
Qualified U
Ownership History
Ownership History
Owner Sale Price Certificate Book&Page Instrument Sale Date
NEVULIS LORRAINE M $100 1 30766/0180 1F 09/15/2017
NEVULIS MICHAEL] $350,000 24056/0206 i 1V 09/25/2009
MELLO H BEVERLY $100 24056/0205 1N 09/25/2009
MELLO H BEVERLY $100 24056/0204 1N 09/25/2009
MELLO RAYMOND F $0 1027/0418 01/09/1959
Building Information
Building 1 : Section 1
Year Built: Building Photo
Living Area: 0
Replacement Cost: $0
Building Percent
Good:
Replacement Cost
Less Depreciation: $0
Building Attributes
Field Description
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Vision Government Solutions Page 2 of 3
Style Vacant Land
Model
Grade:
Stories: $ 1 0.( w .
Occupancy
Exterior Wall 1
Exterior Wall 2
Roof Structure:
Roof Cover
Interior Wall 1
(http://images.vgsi.com/photos2/YarmouthMAPhotos//default.jpc
Interior Wall 2
Building Layout
Interior Fir 1
Interior Fir 2 (http://images.vgsi.com/photos2/YarmouthMAPhotos//Sketches/!
Heat Fuel Building Sub-Areas(sq ft) L n
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:
Num Kitchens
Cndtn
Usrfld 103
Usrfld 104
Usrfld 105
Usrfld 106
Usrfld 107
Num Park
Fireplaces
Usrfld 108
Usrfld 101
Usrfld 102
Usrfld 100
Usrfld 300
Usrfld 301
Extra Features
Extra Features Leoendl
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Vision Government Solutions Page 3 of 3
l-
No Data for Extra Features
Land
Land Use Land Line Valuation
Use Code 1300 Size (Acres) 0.3
Description RES ACLNDV MDL-00 Frontage 0
Zone Depth 0
Neighborhood 0040 Assessed Value $149,600
Alt Land Appr No
Category
Outbuildings
Outbuildings Legend
No Data for Outbuildings
Valuation History
1 Assessment
Valuation Year Improvements Land Total
2020 $0 $149,600 $149,600
2019 $0 $149,600 $149,600
2018 $0 $121,900 $121,900
(c)2019 Vision Government Solutions,Inc.All rights reserved.
i
http://gis.vgsi.com/yarmouthma/Parcel.aspx?Pid=9978 10/24/2019
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Vision Government Solutions Page 1 of 3
15 SUNSET PINES RD
Location 15 SUNSET PINES RD Mblu 69/ 18///
Acct# 9977 Owner NEVULIS MICHAEL J
Assessment $536,700 PID 9977
Building Count 1
Current Value
Assessment
Valuation Year Improvements Land Total
2019 € $294,500 $242,200 $536,700
Owner of Record
Owner NEVULIS MICHAEL] Sale Price $350,000
NEVULIS LORRAINE M Certificate
Care Of Book&Page 24056/0206
Address 15 SUNSET PINES RD Sale Date 09/25/2009
SOUTH YARMOUTH, MA 02664 Instrument 1V
Qualified U
Ownership History
Ownership History
Owner Sale Price Certificate Book&Page Instrument Sale Date
NEVULIS MICHAELJ $350,000 24056/0206 1V 09/25/2009
MELLO H BEVERLY $100 24056/0205 1N 09/25/2009
MELLO H BEVERLY $100 24056/0204 1N 09/25/2009
MELLO RAYMOND F $0 1257/0345 06/19/1964
MELLO RAYMOND F $0 /0
Building Information
Building 1 : Section 1
Year Built: 1972
Building Photo
Living Area: 1,691
Replacement Cost: $365,113
Building Percent 80
Good:
Replacement Cost
Less Depreciation: $292,100
Building Attributes
Field Description
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Vision Government Solutions Page 2 of 3
Style Ranch Y ' =
Model Residential i
-
I Y '�
Grade: Average+10 ;
Stories: (1 Story ' _
Occupancy E1 v
Exterior Wall 1 Wood Shingle
Exterior Wall 2 Brick Veneer
Roof Structure: Gable/Hip
Roof Cover Asph/F Gls/Cmp
Interior Wall 1 Drywall/Sheet
(http://images.vgsi.com/photos2/YarmouthMAPhotos//\00\00
Interior Wall 2 \34\30.jpg)
Interior Fir 1 Hardwood Building Layout
Interior Fir 2 Ceram Clay Til
Heat Fuel €Electricifk
I PTO m a
Heat Type: Electr Basebrd
BAS
AC Type: I None lF2 SFEt
{ a,a f ,�I
Total Bedrooms: `3 Bedrooms
Total Bthrms: 2 BA. FQ OAS
9 Uliki �'--�' !
Total Half Baths: 0 Y
Total Xtra Fixtrs: 1 24'' F1;H 24
Total Rooms: I
E
Bath Style: Average
Kitchen Style: Luxurious (http://images.vgsi.com/photos2/YarmouthMAPhotos//Sketches/!
Num Kitchens 01 Building Sub-Areas(sq ft) Legend
Cndtn I Gross Living
Code Description jl
Usrfld 103 Area Area
Usrfld 104
r .BAS First Floor 1,691 1,691
Usrfld 105 I FGR Garage 528 0{
Usrfld 106 I FOP Porch,Open,Finished 90 0
Usrfld 107 PTO Patio 301 0
f
Num Park f SFB Base,Semi-Finished 1,401 0
I
I
Fireplaces UBM Basement,Unfinished 290 0•
Usrfld 108 WDK Deck,Wood 373 01
•
Usrfld 101 4,674 1,691
Usrfld 102 •
Usrfld 100
Usrfld 300
Usrfld 301
.......................
a .�.
Extra Features
Extra Features Legend
Code 1 Description --— �. ...- —_Size 1._..._._.__Value .._.�_.�__ .... Bldg#..... ... _.
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Vision Government Solutions Page 3 of 3
•
FPL1 FIREPLACE 1 ST 1.00 UNITS $1,800 1
FPO EXTRA FPL OPEN 1.00 UNITS $600 1
Land
Land Use Land Line Valuation
Use Code 1013 Size (Acres) 0.36
Description SFR WATER MDL-01 Frontage 0
Zone Depth 0
Neighborhood 0050 Assessed Value $242,200
Alt Land Appr No
Category
Outbuildings
Outbuildings Legend
No Data for Outbuildings
Valuation History
Assessment
Valuation Year Improvements Land Total
2020 $294,500 $242,200 $536,700
2019 $251,300 $242,200 $493,500
2018 $251,300 $201,800 $453,100
(c)2019 Vision Government Solutions,Inc.All rights reserved.
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Vision Government Solutions Page 1 of 3
139 INDIAN MEMORIAL DR
Location 139 INDIAN MEMORIAL DR Mblu 69/ 16///
Acct# 9979 Owner STAFFORD JOHN R
Assessment $361,600 PID 9979
Building Count 1
Current Value
Assessment
Valuation Year Improvements Land Total
2019 $230,000 $131,600 $361,600
Owner of Record
Owner STAFFORD JOHN R Sale Price $0
STAFFORD CONSTANCE Certificate
Care Of Book&Page 8289/0106
Address 13 BEVERLY ST Sale Date 11/05/1992
OXFORD, MA 01540-1203 Instrument
Qualified
Ownership History
Ownership History
Owner Sale Price Certificate Book&Page Instrument Sale Date
STAFFORD JOHN R $0`. 1 F 8289/0106 11/05/1992
STAFFORD JOHN R $116,000 € /0 1L 11/05/1992
Building Information
Building 1 : Section 1
Year Built: 1957 Building Photo
Living Area: 1,499
Replacement Cost: $326,473
Building Percent 70
Good:
Replacement Cost
Less Depreciation: $228,500
Building Attributes
Field Description
Style Ranch
Model Residential
Grade: Average+10
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Vision Government Solutions Page 2 of 3
y
I Stories: 1 Story d
Occupancy 1 � t�r F, 'f�, 1tf
:::::::::
Wood::::n
0.
I Board >.}
Roof Structure: Gable/Hip
Roof Cover ,Asph/F GIs/Cmp 1,. f,
Interior Wall 1 Drywall/Sheet ;
Interior Wall 2 �
fiat r ?t` ° Z" ;
Interior Fir 1 i Hardwood �* '� ��' "" �"':
Interior Fir 2
(http://images vgsi.com/photos2/YarmouthMAPhotos//\00\4.03
Heat Fuel {I Gas \75\16.jpg)
Heat Type: i Forced Air-Duc Building Layout
AC Type: None
Total Bedrooms: 3 Bedrooms
FE p W�i-R 19
Total Bthrms: I 1 5T 4ti+Ct 3 25
13t3 1"' 13
Total Half Baths: 1 1 ��7 5 g 12�tGit
i f� 22
Total Xtra Fixtrs: 1";'--,_.: d : � 13t
Total Rooms:
Bath Style: Average T3 4
Kitchen Style: Modern
Num Kitchens i 00
Cndtn
Usrfld 103 (http://images.vgsi.com/photos2/YarmouthMAPhotos//Sketches/!
UsrFld 104 Building Sub-Areas(sq ft) Legend
UsrFld 105 Gross Living ,
i Code Description
UsrFld 106 II Area Area
UsrFld 107
FEP
1 BAS First Floor 1,499 1,499
Num Park CAN Canopy 52 0
Fireplaces ,Enclosed,Finished I 182 0
Usrfld 108 FGR I Garage 528 0
I
Usrfld 101 i FOP PorchPorch,Open,Finished 28 0
i }
UsrFld 102 SFB €Base,Semi Fiagenished 709 0
T
Utilit
Usrfld 100 UBM BasementSto,Unfinished in shed
608 0
Usrfld 300 UST y, r ,Unfi 182 0
i
Usrfld 301 i WDK ;Deck,Wood 468 0
4,256; 1,499
(
Legend
Extra Features
Extra Features
Code Description Size Value Bldg#
—
FPL1 FIREPLACE 1ST 1.00 UNITS
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Land
Land Use Land Line Valuation
Use Code 1010 Size(Acres) 0.3
Description SINGLE FAM MDL-01 Frontage 0
Zone Depth 0
Neighborhood 0040 Assessed Value $131,600
Alt Land Appr No
Category
Outbuildings
Outbuildings Legend i
No Data for Outbuildings
Valuation History
Assessment
Valuation Year Improvements 1 Land I— Total
2020 $230,000 $131,6001 $361,600'
2019 $196,100s: $131,600: $327,7001
2018 $196,100 i $107,200: $303,300(
(c)2019 Vision Government Solutions,Inc.All rights reserved.
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,, 47.
1 ? ,
Grylls, Mark
From: Grylls, Mark
Sent: Tuesday,June 11, 2024 4:38 PM
To: cmedeiroslaw@gmail.com
Cc: Inkley, Brad; Sears, Tim
Subject: RE: 7 Sunset Pines Rd. Yarmouth
I sent to the wrong email address the first time.
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES/ BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508)398-2231 x 1260
From:Grylls, Mark
Sent:Tuesday,June 11, 2024 4:34 PM
To:emedeiroslaw@gmail.com
Cc: Inkley, Brad <binkley@yarmouth.ma.us>;Sears,Tim <tsears@yarmouth.ma.us>
Subject:7 Sunset Pines Rd.Yarmouth
Hi Atty. Medeiros,
Thank you for taking my call today regarding your legal opinion for the above-mentioned address.
After our discussion I have a better understanding of the location of the required open space in the subdivision.
It appears that the lot is protected from merger as also determined by this office in 2019.
Section 104.3.4 Para. 5 does apply as the lot was endorsed by the Planning Board.Title V and Conservation
regulations shall be met.
If you have any questions, I am available any time.
Talk soon,
Mark
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508)398-2231 x 1260
1
Grylls, Mark
From: Grylls, Mark
Sent: Tuesday,June 11, 2024 4:34 PM
To: emedeiroslaw@gmail.com
Cc: Inkley, Brad; Sears, Tim
Subject: 7 Sunset Pines Rd. Yarmouth
Hi Atty. Medeiros,
Thank you for taking my call today regarding your legal opinion for the above-mentioned address.
After our discussion I have a better understanding of the location of the required open space in the subdivision.
It appears that the lot is protected from merger as also determined by this office in 2019.
Section 104.3.4 Para. 5 does apply as the lot was endorsed by the Planning Board.Title V and Conservation
regulations shall be met.
If you have any questions, I am available any time.
Talk soon,
Mark
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508)398-2231 x 1260
1
Law Office of Craig Medeiros
98 East Grove St.,Suite 201,Middleboro,Massachusetts 02346
Telephone: 508-947-3555•Facsimile: 508-946-4474
cmedeiroslaw@gmail.com
March 30, 2024
Mark Grylls,Building Commissioner
Town of Yarmouth
1146 Route 28
South Yarmouth,MA 02664
Re: Lot 2, 7 Sunset Pines Road,Yarmouth,MA
Assessors Map 69 Lot 17
Dear Building Commissioner Grylls:
I am writing to provide an opinion on the buildability of the above-referenced Lot 2, 7 Sunset
Pines Road,Yarmouth,Massachusetts,Assessors Map 69 Lot 17("Locus"). Specifically,I researched
whether Locus, is a separate,buildable lot or whether it has merged with the adjoining property located at
Lot 1,115 Sunset Pines Road, a developed property also owned in common for a considerable time with
the Locus. Based on my research which is outlined below,I believe that Locus should be considered a
pre-existing nonconforming lot under the Yarmouth Zoning By-Law under both sections 104.3.4(2)and
(5). How these sections apply is analyzed as follows:
Locus Lot and Common Ownership
The locus is an undeveloped lot which is shown as Lot 2 on that certain Plan of Sunset Pines in
South Yarmouth owned by Susan M. Pratt,approved by the Yarmouth Planning Board on May 24, 1956
and recorded at the Barnstable County Registry of Deeds in Plan Book 130 Page 7. It contains,pursuant
to said Plan,roughly 13,200 square feet of area and is shown as having 120.00 feet of frontage on a
way/road now known as Sunset Pines Road,which is undersized for the R-40 zoning district,which
requires 40,000 square feet of area and 150 feet of frontage. The adjoining property which had been
under common ownership,Lot 1 as shown on said Plan,contains 15,800 square feet of area and is shown
as having 128.91 feet of frontage on the way now known as Sunset Pines Road. Such lots were conveyed
to Raymond F.Mello and H.Bevrly Mello by a deed dated January 6, 1959,by deeds recorded at the
Barnstable County Registry of Deeds in Book 1027 Page 418. Such lots were held in common ownership
until Lot 2 was conveyed to Michael Nevulis in 2017 by deed recorded in Book 30766 Page 180(Lot 1 is
still owned by Michael Nevulis and Lorraine Nevulis).
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Under Section 104.3.4(2),Nonconforming Lots,the By-Law provides that even if two(or as
many as three)lots are in common ownership,so long as the undeveloped lot meets the following criteria,
it is grandfathered under the earlier zoning and considered buildable:
1. The plan for the undeveloped lot was recorded or endorsed;
2. The lots were held in common ownership when they became nonconforming;and
3. The lots contained more than 7,500 square feet, 75 feet of frontage or contained 15,000 square feet,and
fifty feet of frontage(if section 203.2 conditions met)
Here,Locus's Plan of Land was first recorded in 1956. Locus was held in common ownership since 1956
and became non-conforming after such time when both lots were in common ownership.Locus meets the
dimensional requirements given that it is over 7500 square feet(13,200 square feet)and has over 75 feet
of frontage(120.00 feet shown on the way now known as Sunset Pines Road). This provision of the
Zoning By-Law provides grandfathering protection to Locus based on meeting these criteria.
Section 104.3.4(5)also provides an alternative option for relief. Under this section,the
dimensional requirements of the By-Law will not apply for a lot to be used for single family residential
use,so long as the following provisions are met:
1. The plan for the lot was approved or endorsed by the Planning Board prior to June 3, 1996;
2. The lot was not held in common ownership with more than two abutting lots as of June 3, 1996;
3. The lot is at least 10,000 square feet in non-wetland area;and
4. The lot has either 75 feet of lot frontage or 50 feet of lot frontage if the minimum dimensional
requirements of Sections 203.2 are met.
Locus meets these requirements as well. Locus was approved and the Plan recorded in 1956. Locus was
held in common ownership with only Lot 1 as of June 3, 1996. Locus meets the minimum square
footage requirements(provided the non-wetland area requirement is met)and has over 75 feet of frontage
on Sunset Pines Road.Again,all criteria required to recognize a grandfathered lot appear to be met here.
Notwithstanding the foregoing and with respect to this opinion of buildability,no opinion is made in this
letter as to the adequacy of construction of the roadway known as Sunset Pines(a private road)and
whether or not the lot contains legal frontage within the requirements of M.G.L.Chapter 41 Section 81L.
Further,no opinion is made regarding the effect of merger or infectious invalidity due to lack of frontage
of the adjoining lot located at 15 Sunset Pines Road or the construction of the home located at 15 Sunset
Pines Road within the sideline setbacks required by the By-Law.
Thank you in advance for your consideration.
Very truly yours,
r ig Medeiros, Esq.
raig Medeiros
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