HomeMy WebLinkAboutInquiry Letter Response 12/11/12 --
TOWN OF YARMOUTH
BUILDING DEPARTMENT
y � 1146 Route 28, South Yarmouth, MA 02664
to s. 508-398-2231 ext. 261 Fax 508-398-0836 FILE COPY
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December 11, 2012
Mr. James Peerless
1085 Old Turnpike Road
Plantsville, CT 06479
Re: Parcel 24.1, aka 7B,Shown on Assessors' Map 122
Dear Mr. Peerless:
Please be advised that on July 7, 2005 the Town of Yarmouth Planning Board approved a Definitive
Subdivision Plan, Reference No. 1648H for Parcel 7B, shown on Assessors' Map 122 as parcel
24.1containing 1.41 acres of land area. This plan approval includes eight (8) waivers and two (2)
conditions. It is important that these be reviewed.
Secondly,it is my understanding there was a question concerning a proposed utility easement through
one of the adjoining lots Owned by Mr. Swift. I have been advised that an earlier request to the
Planning Board for such an easement was denied. Should you have questions concerning this issue,
please contact Cathy Williams, Town Planner.
Finally, based on this plan, parcel 24.1 (7B) is buildable for zoning purposes, subject to the Planning
Board conditions and all other regulatory matters, such as Title V and Old Kings Highway Historic
District.
Very truly,GQ�
�®
James v. Brandolini,
Deputy Building Commissioner
cc: Assessing Department
Bk 20090 F° 133 -:51 .36
07 7-2005 ill
• - PLANNING BOARD
TOWN OF YARMOUTH, MASSACHUSETTS
AGREEMENT
Ref. No. 1648H
July 28, 2005
The undersigned applicant hereby covenants and agrees with the Town of Yarmouth:
1. That said applicant will not apply for a building permit for any lots shown on the
applicant's plan, bearing Yarmouth Planning Board reference number 1648H, as finally
approved by the Board, until the subdivision road is constructed according to the
provisions of the Board's current Rules & Regulations. The Planning Board made the
following waivers from the provisions of its Rules and Regulations Governing the
Subdivision of Land:
1. the requirement for the required curb radius to be tangential to the existing roadway, as outlined in
section 4.2.1 (i);
2. reduction of the minimum right-or-way width requirement outlined in section 4.2.2 from 40 feet to
20 feet;
3. the requirement to show pavement in the street plan cross sections, as outlined in section 4.2.5;
4. the requirement for a circular turn-around, as outlined in section 4.2.6 (b), in favor of a 16 foot
wide tee turn-around, as shown on the approved plan;
5. the requirement to remove unsuitable material (if any) for 5 feet on either side of the way, as
outlined in section 5.1.2;
6. the requirement fora bituminous concrete road surface, as outlined in section 5.1.5;
7. reduction of the minimum road surface width outlined in section 5.1.6 from 20 feet to 12 feet, and;
8. the requirement for bituminous berms, as outlined in section 5.2;
2. That said applicant will complete the said ways so as to comply with the provisions of
the Rules & Regulations within Eight (8) years of approval of the plan. The plan
drawing must reference the covenant and this agreement;
3. That the said applicant will record this instrument as a part of, but not attached to,
said plan, and;
4. That this agreement shall be binding upon the heirs, executors, administrators and
assigns or successors and assigns of the undersigned.
The Planning Board made the following conditions to their approval;
1. the road shall forever remain unpaved and shall be constructed (and maintained), as shown on
the approved plan, with 12 inches of processed gravel, meeting the foundation specifications of
section 5.1.4, with a top course consisting of a 2 inch thick layer of 3/ inch blue stone;
2. the road shall remain un-named and treated as a driveway. No town services for paving,
maintenance, replacement, repair, or snow plowing will be provided, nor shall the town provide
any maintenance, replacement, or repair of the drainage system;
3. a sprinkler system will be required for any residential structure.
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Agreement, Ref. No. 1648H Page 2 of 2
Witness my hand and seal this 2 day of �✓ 1{ , 2005.
by:
David H. Swift
Commonwealth ofMassachusetts
County cY--frIcs / L-
On this „26 day of --0-6 IL/ , 2005, before me, the undersigned notary
public, personally appeared David H. S ift, proved to me through satisfactory evidence
of identification, which was / e c,t,4I ,10 , to be the person
whose name is signed on the precedincf document, and acknowledged that he signed it
v• or its stated purpose.
).'"0 e • * /41e/rs
N®tary Public
'`Print Name: rmGe-1 •(Q
- W-ct, 1(
My commission expires:
BARNSTABLE REGISTRY Of DEEDS
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FORM C-1 E,�
-7 ►- !: 53
PLANNING BOARD ( ..
TOWN OF YARMOUTH, MASSACHUSETTS
CERTIFICATE OF APPROVAL OF A DEFINITIVE SUBDIVCS1O-N—PLAN
Ref. No. 1648H
July 7, 2005
Town Clerk
Town of Yarmouth, Massachusetts
RE: Planning Board Reference No. 1648H, David H. Swift
It is hereby certified by the Planning Board of the Town of Yarmouth, Massachusetts,
that at a duly called and properly posted meeting of said Planning Board held on
June 1, 2005 and July 6, 2005, it was voted unanimously to approve a definitive
subdivision plan submitted by David H. Swift of 138 Route 6A, Yarmouth Port, MA.
The plan is entitled "DEFINITIVE PLAN OF LAND IN YARMOUTH PORT, MA PREPARED FOR
DAVID SWIFT", dated May 03, 2005. The plan was prepared by Arne H. Ojala, RPLS,
of Down Cape Engineering, MA 02645. The plan shows the subdivision of land off
Thacher Shore Road in Yarmouth Port consisting of 1 lot and the creation a private
way. The plan and application were originally filed with your office on May 04, 2005.
Waivers granted from the Planning Board's Rules and Regulations Governing the
Subdivision of Land were:
1. the requirement for the required curb radius to be tangential to the existing
roadway, as outlined in section 4.2.1 (i);
2. reduction of the minimum right-or-way width requirement outlined in section
4.2.2 from 40 feet to 20 feet;
3. the requirement to show pavement in the street plan cross sections, as
outlined in section 4.2.5;
4. the requirement for a circular turn-around, as outlined in section 4.2.6 (b), in
favor of a 16 foot wide tee turn-around, as shown on the approved plan;
5. the requirement to remove unsuitable material (if any) for 5 feet on either side
of the way, as outlined in section 5.1.2;
6. the requirement for a bituminous concrete road surface, as outlined in section
5.1.5;
7. reduction of the minimum road surface width outlined in section 5.1.6 from 20
feet to 12 feet, and;
8. the requirement for bituminous berms, as outlined in section 5.2.
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Form C-1, Planning Board Ref. #1648H, Page 2 of 2
The Planning Board made the following conditions to their approval:
1. the road shall forever remain unpaved and shall be constructed (and
maintained), as shown on the approved plan, with 12 inches of processed
gravel, meeting the foundation specifications of section 5.1.4, with a top
course consisting of a 2 inch thick layer of 3/ inch blue stone;
2. the road shall remain un-named and treated as a driveway. No town services
for paving, maintenance, replacement, repair, or snow plowing will be
provided, nor shall the town provide any maintenance, replacement, or repair
of the drainage system;
3. a sprinkler system will be required for any residential structure;
NOTE TO PLANNING BOARD: Conditions should be written on the endorsed plan
which is recorded or should be set forth in a separate instrument, which could be a
copy of the approval vote, and which should be referenced on the endorsed and
recorded plan.
NOTE TO TOWN CLERK: The Planning Board should be notified immediately of
any appeal to the Superior or Land Court on this subdivision approval made within
the statutory twenty (20) day appeal period. If no appeal is filed with your office the
Planning Board should be notified at the end of the twenty (20) day appeal period in
order that the plan(s) may be endorsed.
A true copy, attest:
an Palmer, Clerk
armouth Planning Board
Duplicate copy sent to applicant
Duplicate entered into subdivision file
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Y�,� TOWN OF YARMOUTH
5 c, � o BUILDING DEPARTMENT
,-**011 s :y 1146 Route 28, South Yarmouth,MA 02664
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7 �'x 508-398-2231 ext. 261 Fax 508-398-0836
°kaw,.ne �.,
April 10, 2009
To Whom It May Concern:
Re: Parcel 7B Shown on Assessors' Map 122
Please be advised that on July 7, 2005 the Town of Yarmouth Planning Board approved a
Definitive Subdivision Plan, Reference No. 1648H for Parcel 7B, shown on Assessors' Map
122. This plan approval includes eight (8) waivers and two (2) conditions.
Based on this approval parcel 7B is buildable for zoning purposes.
Very truly,
James D. Brandolini, C.B.O.
Building Commissioner
cc: Assessing Department
t.
Page 1 of 1
3r;,ndolirti, Jim'
From: J.Peerless [urhonorl@yahoo.com]
Sent: Friday, December 07, 2012 7:52 PM
To: Brandolini, Jim
Subject: Re: Peerless-63 Thacher Shore Rd
Mr. Brandolni,
Thank you for your time and consideration. My mailing address is: 1085 Old Turnpike Rd,
Plantsville, CT, 06479
James Peerless
From: "Brandolini, Jim" <JBrandolini@yarmouth.ma.us>
To: 'J.Peerless' <urhonorl @yahoo.com>
Cc: "Grylls, Mark" <mgrylls@yarmouth.ma.us>
Sent: Friday, December 7, 2012 5:13 PM
Subject: RE: Peerless -63 Thacher Shore Rd
Mr. Peerless:
I have drafted a letter to send to you. Please provided me with your mailing address.
Thank you,.
James D. Brandolni
From: J.Peerless [mailto:urhonorl@yahoo.com]
Sent: Friday, December 07, 2012 3:03 PM
To: Brandolini, Jim
Subject: Peerless - 63 Thacher Shore Rd
Mr.Brandolini,
Recently I visited the town hall to do some research and to discuss with various departments, the
possibility of building a home on Lot 7B/Map 22 - 63 Thacher Shore Rd. It was suggested by
the planning dept, I visit the building dept to renew the April 10, 2009 letter, which states the lot
is build-able for zoning purposes. I am a retired telephone lineman, and plan to build a home for
wife and I. The health dept recommended I re-perc the lot even though it passed a perc test in
2005. One (of many)concerns I have and hope you could answer is with building lot set backs.
Specifically, the set back that requires that the lot line must be within 500' from the street. I see
no mention of this setback in any of the waivers, approvals, etc. If this lot is build-able for
zoning purposes, does that mean this 500' set back issue has been addressed by building dept and
approved? I would appreciate any information you know or suggestions you could make that
would assist in my decision to purchase this lot.
Thank you very much, James Peerless
12/11/2012
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I,s tie E.l/AtT?N S CLERK OF THE TON
OF YARMOUTH, HEREBY CERTIFY THAT NOTICE
KENNETIH MUM OF APPROVAL OF THIS PLAN BY THE YARMOUTH
NAP 122 PARCEL 19 PLANNING BOARD HAS BEEN RECEIVED AND
87737/125 RECORDED AT THIS OFFICE AND NO NOTICE
OF APPEAL WAS RECEIVED DURING THE
TWENTY DAYS NEXT AFTER SUCH RECEIPT
AND RECORDING OF SAID NO CE.
7/Z7/os
DATE OWN CLERK
DATE OF APPLICATION - DEFINITIVE 6.1.441.05
DATE OF APPROVAL - .DEFINITIVE 7-6 -OS
.5E. HUNT IR.
122. PARCEL 18 YARMOUTH PLANNING BOARD
11393/P.325
APPROVAL UNDER THE SUBDIVISION
CONTROL LAW IS REQUIRED
OATS 7/27/o5--
NH °HEARN
? PARCEL 17.
38/P302 •
Ref fFgoL/ri-i-
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?CEL 16
'158
THIS PLAN IS SUBJECT TO A
COVENANT AND AGREEMENT FILED
WITH THE REGISTRY OF DEEDS.
DEFINITIVE Si )RniviisinN