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HomeMy WebLinkAboutLot Inquiry 5/10/04 f1AR-15-z004 12:01P FROM: TO: 15083980836 P: 1/2 ma. iu ruin uo•ui rrUIIl' I—Udf Y UU !U,UI; ...`—tl84 (9j TOWN OF YARMOUTH BUILDING DEPARTMENT 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 261 oS3`, LOT INQUIRY FORM (used for zoning purposes only) Assessors' Map No, (11 Lot No. 6 7., 1 Street Address w /1.1 �� :•-�"t 2L Endorsement Date of Subdivision Plan and Type(if applicable) - e 6:-� 5-7 7 Pam.; c_02 3 Total Land Area(sq.ft) 3. 3 "1 (,;^�_� _..., Frontage (f C'`r.. (c� e / 0S LV lepho Na. �Ct �� S�C�/ Name of Current Owner_I._�..,,,,., ,,�c.- Address fit J � Telephone Inquirer's Name(if different from owner) Telephone No. Cpi1C &vt,2`i /htr/10 `-y ("7, Inquirer's Mailing Address _ `ti`�` `"'"-p t-c/- , ;,YL 411 ( C' t.of l 7-.), Buplding Intent 3`^ j -ratA4-, Pr-S : Adjoining Lot Numbers flt ccri 4 I`1.1-4, , ( ^'1 ug i vt,41%I( l .P+ i cp i I`1 Lam+ '17 Plaie 11 By signing this application I assert my understanding that the purpose of this inquiry is to determine whether the aforementioned 31 lot(s)qualifies for protection afforded certain heretofore-undeveloped land and that to the best of my knowledge this s)has never previously been built taon h� .ter' :t �t ���s� {1,.mot- ;4, Signature of Applicant Date of Inquiry 2//S 1C Y DECISION(for office use only) It el2ti/L ,& Does not conform to the applicable provisions of M.G.L.Chapter 40A, Section 6,Defnntive 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,and/or Section 1043.4,Para. of the zoning bylaw,as per the information provided on this date. Comments: 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 the ( j] Planning Board pursuant to M.G_L.Chapter 41 prior to the issuance of a building permit.(' plti�xub�e. 6,0 1. 6 2004 Shall satisfy Title V requirements.(Sec Health Dept.) as ) BUILDING DEPT. Shall satisfy Conservation regulatons,if applicable. By Shall satisfy the 01 gs Highway Regional Historic District Commission(if applicable) Investigator's Signature- 2 � Date 721 e, /6 .2 u v �'L / Rev. 8/02 -- -�w�` - � � - ~.^ ^ -~ . . . . ~. ' _� ~_ ~�. � � ` ' / ° / . ' . . � MAR-15-2004 12:02P FROM: T0:15083980836 P:2/2 WOW 14n - �� r I jA f{ � 4. Abutters to T, Lamminen Map 110: 29 Robert Brouthers, 670 Depot Street, N. Harwich 02645 30 Norman Herrick, 14 Daisy Lane, South Yarmouth, MA 02664 31 Marie L. Browne, 10 Daisy Lane, So. Yarmouth, 02664 ✓ 19.2 Town of Yarmouth ./ Map 119: 22 Stuart T, Brown. 17 Wild Rose Terrace. So. Yarmouth / 21 John H. MacPhee, Jr , 7 Wild Rose Terrace, So, Yarmouth 19 Thomas M Taylor, Box 793, So. Yarmouth ✓ 18 Alev Y. Kokturk, Trs., Gladys H. Kokturk, 63 Mayflower Terrace, So. Yarmouth / 17 Thomas P Dillon, 67 Payson Road. Belmont, M 2478-1009 ✓ 31 Janet T. Callahan, Tr. One Buttercup Lane Realty Trust, 1 Buttercup Late, South Yarmouth � o � � � ,. i3 AC. W,VA C / j C� N CC) \S3gW"�1n GD\r'4 \S tisris"u$\���7,., ;\\ ev, \`Fi „,�;`af M`�;»s \av'1�4 f Say�fS��t (C( ::1 tip+'r i s y, r�'a , a „:.l.\fl w*i4', �vtihl\ n,'"L `fie b�1�\�l\V�\F�'�V��,lvc�•�S cdt s �ic?''1�t ,ZN t�i i �+\„ e\w �'� 1 ' �, tVv q Sv'11i.', '/ t4. REF e,, ,O s S•kla , ri y/ f F TOWN OF YARMOUTH Engineering Division " 4 NEW PARCELS '��� Scale 1"= NiS 111111111111111111 1111111111111111111 (Hi, LI-1- (44-0 wrylnW.Ad-IJI 1-0-1r1 • bb-L1-1 1.44.11 1.41r) 1 9? vf11:011 951 1-117s:T1 - qs.1 o f U-iLat - 1, kilo 179,1 11 La! qw-v1 39_912'11 7 7 / /74 t ,/ /-/ - --pq; y -(7 77 7 3 Iva BIVE3Otid JJJBD oa UP[J )Pti 3NV1 ASIVG tT000 001 161' 101 860 dVW OC 'OTT #130V ew (CJQQ1SCT 11 I Nin-I3 cool Kit) I 17 E-= (2! 0 )0 13 N (Nfici`i -1141jo —4$11 16 L pig )Cri Od • /4 vokio • /7. •) r ' -;± • ,/ •• •` - 3111C1 BIVEIOdd 'DOCI ueld ?WV MVV1 ASIVU 81000 001 -(7,6r 101 860 dVW 6E OTT #130V Ma AccT# 110. 31 MAP 098 LOT J90 LOC 00010 DAISY LANE Ad h Plan i. DOC. CERT. 1 PROBATE DATE _ . ; .: - /, : : / / i 7/: - T1- I,. ;4,1' -- -' / - :-: ,--' , / /,Id / /t i_ . i.<, t-',.: , /.",- . . .- ig1g 1, A.101.0 iu C ET pt, ,iT5 1, 4-1-1 Li, 0) I I I _. Acct. No. //6), ig, z ACRES , ' ' '"--/. i/ PLAN NO. ."?1 3 4 J Property Location: 6i-f- 72/ z_, LK). OWNER A-ITLE REF. Book Page., _ Document , Certificate Date Selling Price if ,,/A---f. 5`7‘Y,t-,i --- i , L rrk C fz r 777 i ej—tix 7 7(4) / 3 (Z , 1,1 4 (L , 2/7.40 /-/4z-Y r9-/' lid p-/r 2,4 tri4 / 0cc.'") I ig3 57 ,,Q3C) 7-,4 J.-0.. L--'-'-'ritivil-i-11,:ft4' Mai ACCT# 119. 17 MAP 098 LOT 388 LOC 00057 MAYFLOWER TERR Add Plan 51A DOC. CERT. 1 PROBATE DATE ..tfrAL / I 1-::-.VI-41—YA b • -1-1-e,v4(--y 1 1 7.7-(1 .2 (1 •--2-6 /e-. -- - -(- 7:140-2->?_ ---3 .,,._2•10-Z 36 LC-3 9-2. (.."--4,,e)--ez ) /--/ -82:5 _.. _ . • M ACCT# 119. 18 MAP 098 LOT J87t� " LOC 00063 MAYFLOWER TERR A 224 Plan 3— DOC. CERT. PROBATE DATE 11, � f ss C=C / Z-rt'x o2 73 /% J=' -=- A Lt 1/ �% KC kTu� i WV ' EC0 �1' 0-L_ CO 6a. 76 (l,00 l�` ACCT# 119. 19 MAP 098 LOT J86 /:/A ( A LOC 00069 MAYFLOWER TERR Plan DOC. CERT. PROBATE DATE •I • (itel. DE I OF 11)0 H Th / erux q4ç (j-7000) ACCT# 119. 21 MAP 098 LOT J83 LOC 00007 WILD ROSE TERRACE A Plan DOC. CERT. PROBATE DATE (')/,t-;:/LT 9, ,6-F-Telf_tothi n--0( 7/i L7)/66.6) 61-TrifIc toore h 7 9 °VI (Jig KY) f 117,111\; - L-roc CPI;WIN "6-/Ig°11967.7.,-'11 4 ACCT# 119. 31 MAP 107 LOT S4 LOC BAY POINT DRIVE A Plan OWNER I BOOK PAGE DOC. CERT. PROBATE DATE /.. / /I/.'. i / < , 6 f,(-)C P. 7"Pt b 3q 3 iy.- 4/6 li` ,; i l h©5 6-061,675) 6r G(!( A t b ec,Z�G _ .6'3 95 7 i:/2 4 E ,=-1) /JoC F /ieit-%) 1/. ;/i l ri-OLr(TT 1-16.KCrJztL; 7G14 (i 410,4-1-) u/tom/�1i Icy 76C f ( it /19/91 7t tl i Z " o.4-. Orr 1//q/ l . 14,), l`t r oVI 7t-1 I 1 . - b .1 414 13 3 00r. r/ad) _ / y/`tl • 7Pr JT i7Z. 14-0 b i:25 ( F of t4 7 A3 P I ACCT# 119. 22 MAP 098 LOT J17 LOC 00017 WILD ROSE TERRACE / Plan DOC. CERT. ( PROBATE DATE .'rtiN-r-T F, PILo a ,J 7.300 1'3 1 &/ 'OD) 1 rt. No. 119 . 69. 2 ACRES 1 . 13 I PLAN NO. 2002 P1 Bk 577 Pg. 23 Property Location: Wild Rose Terr. (off) OWNER TITLE REF. Book Page Document Certificate Date Selling Price had been assessed to Tadd R. Lamminen and prey. deed owners to him until FY '114see Deed 3k. 14614/P 115; 194 / Plan shows 2 separate pcls. (P1 an 58A- Knob Hill Shores) _ Owners Unknown Per 1947 Plan ":knob Hill Shores" _ .5'9 "�' -. - �� _ _ ^ry-dyy's r>y ; .. msL • - tea ' s�,' - ''?'4'..+ .ram`" *`} ['',,.-,'-2 T '9.i,.rt - .7x �. f '-h 9t' a-4„�i 'Y q�Waj.1 'kg '.F'Ai t ,pp�' �� 1 4 Xa$ F'. :��j- '.a ,-,. .44',� rra+ -., .< 4+* 2_ .,t .i n -, zi ram`- i s 'z'- +ate 5 - 'Aa "'i4k_ +f. '�F f*""s_ " F ISa - ,7- i s d .f", -`-A .,'.. -�-;.;Y . r -E t.--_A a ;r 2 'o*'-.: ,' tom`-. ,�.. .` .7 +`�>74„ ? 4' a. r ya- }��s1 ^ C a— }.a. +M, '-ram --�. - .: +Y .--+ ,; - ;'..r; ,� .gi..+n f 1u.7-,,t - ae,sue S E s..+.y�i;. r� a n _ -r+A. C y r 'X'�.a. ,u."ua'S .` rn �: .a _ ., - '' . :s'r,...-3'r s r -r r Pr p-..-41FT4'4` ' ' .=',_-'-- -'r ',f-'..r ... y, �.E4�'- 4`.'' y -3`'Y _ y$s_h z:" 3Y, 'ry l-O ' R y y 3 '7''- - .. . .0;-,s,t, , .,..,%,1,4,-...;!,-.._.,7:ir.zi...1._-v42.,,.. .„,45,..;,_:-.1:4r... :,,....„,,,,i„.;,4-4--„... 1 - t w-t-- z IA 3 t JUL.-28-2003 11:29 ATTY JOHN CRENEY 15083621125 P.01 • TELECOPY COVER SHEET John C. Creney .P.C. Attorney at Law 86 Willow Street Yarmouth Port Massachusetts 02675 If there is a problem with transmission or if all pages are not received,please call 508 362-I 122 for retransmission. Fax 508 362-1125 TO: Terry N. Sylvia FAX #: 398-2365 COMPANY: "Town of Yarmouth FROM: John C. Creney DATE: July 28, 2003 RE: Town of Yarmouth with Williams Number of pages including this cover page: 6 This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone, and return the original to us by mail without making a copy. Thank you. Comments: Transmitted is a copy of the Superior Court decision, which arrived at my office over the weekend, by which Judge Connon concludes that the Williams plan is entitled to an ANR endorsement. It appears that the Judge was impressed with the memoranda from the Fire, Police and Highway Departments to the effect that the road could provide access for emergency vehicles; and that the Judge dismissed our arguments of the lack of safety for ordinary travel particularly over that portion of the road consisting of an elevated dyke; the fact that the perimeter of the Williams plan purports to show some land, which is not owned by Williams; and that the covenant not to change the location of the road offered to be signed by Mr. McCarthy would cover only some 1000 lineal feet of the 2200 foot road. Success on an appeal to the Appeals Court would likely be difficult, but not impossible. The period during which an appeal could be taken expires on August 25. Stl-�2.J—dbb.S H I 1 Y JUHN LKENEY 15083621125 P.02 )mmonwealth of Massachu tts County of Barnstable The Superior Court CIVIL DOCKET# BACV2001.00651 Craig Williams vs. Town of Yarmouth Planning Board JUDGMENT ON FINDING OF THE COURT This action came on for trial before the Court, Richard F. Connon,Justice, presiding, and the issues having been duly tried, and finding having been rendered, It is ORDERED and ADJUDGED: 1. that the decision of the Yarmouth Planning Board, dated September 20, 2001, exceeded its authority, and was arbitrary and capricious; 2. that Bay Point Road, Yarmouth, Barnstable County, Massachusetts, provided adequate emergency vehicular access to lots 1 and 2 and that such access is in the "could be better manageable" category; 3. that the goal of access under G.L. c.41, sec. 81M has been satisfied; and 4. that an endorsement pursuant to G.L. c.41, sec_ 81P is required. Dated at Barnstable, Massachusetts this 14th day of August, 2003. Scott W. Nickerson, Clerk of the Courts • B % j&tit..✓, J)6(2 By- Clerk A true copy, Attest: ,4/./ ,J lerk cvdjuiil'Ci.D_l.WVA 150017 judgm irvineji TOTAI P R2 JUL-28-2003 11:29 ATTY JOHN CRENEY 15083621125 P.03 COMMONWEALTH OF MASSACHUSETTS • BARNSTABLE, ss. SUPERIOR COURT BACV 2001-00651 CRAIG WILLIAMS vs. PLANNING BOARD OF THE TOWN OF YARMOUTH MEMORANDUM OF DECISION AND ORDER INTRODUCTION This is an appeal from the denial of a petition for endorsement of a plan prepared as Approval Not Required (ANR) under the Subdivision Control Law,pursuant to G.L. c. 41, § 81P and § 81BB. BACKGROUND Craig Williams is the owner of property located in South Yarmouth consisting of 8.25 acres of land. The property is located in an R-40 zone, which requires a minimum lot size of 40,000 square feet and minimum frontage of 150 square feet. On the December 30, 1999, Williams submitted a plan pursuant to G.L. c. 41, § 81P: "Approval under the Subdivision Control Law not required." The plan created two parcels, one would consist of 1.13 acres+/-and parcel two would consist of 7.10 acres+/-, both exceeding the minimum lot size for the R-40 zoning district. • Access to the lots was off of Knob Hill Road, a public way by way of Bay Point Road. Bay Point Road commences at Knob Hill Road and terminates some 2,200 feet at the parcel designated as parcel 2 on the plan submitted to the Yarmouth Planning Board. For the first 1,000 feet, it passes between two abandoned cranberry bogs which at the time of the petition were owned by David L. and Carol A. McCarthy. Williams has a right of way over the McCarthy property via Bay Point Road and McCarthy has signed a covenant at the request of the Planning JUL-28-2003 11:29 ATTY JOHN CRENEY 15083621125 P.04 • Board that Bay Point Road will not be relocated. Bay Point Road is a way that was in existence prior to the adoption of the Yarmouth subdivision control law in 1946. Both parcels one and two have adequate frontage on Bay Point Road (a private way). Under G.L. c. 40, § 81L(c), "[S]ubdivision shall mean the division of a tract of land into two or more lots and shall include re-subdivision . . . , that the division of a tract of land into two or more lots shall not be deemed to constitute a subdivision within the meaning of the subdivision control law if, at the time when it was made, every lot within the tract so divided has frontage on a) a public way or a way which the clerk of the city or town certifies is maintained and used as a public way, or b) a way shown on a plan therefore approved and endorsed in accordance with the Subdivision • Control Law, or c) a way in existence when the Subdivision Control Law became effective in the city or town in which the land lies, having in the opinion of the planning board, sufficient width, suitable grades, and adequate construction to • provide for the needs of vehicular traffic in relation to the proposed use of the . . land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon." In order to determine whether § c applied, the Planning Board had the police and lire departments conduct demonstrations with their emergency vehicles to see if Bay Point Road was adequate for the purposes of§ 81L(c)_ On January 5, 2000, Chief Brown of the Yarmouth Fire and Rescue Department wrote to the Assistant Town Planner stating, "{T]he fire department has inspected the unimproved dirt road identified as Bay Point Road and found it passable for both tire engines and ambulances." On January 4, 2000, an officer from the Yarmouth Police Department drove the length of the dirt road and found it to be accessible by cruiser, although only one vehicle may pass at a time. His observations were that the road was an improved single lane way through a wooded area,presumably to be cleared at some future time. .1-le concluded by stating that the road is accessible to a cruiser for routine and emergency purposes. Bay Point Road was also inspected by the highway superintendent for the Town of Yarmouth and he commented, "[T]he highway division DPW could maintain Bay Point Road if requested. At the present time Bay Pont Road is in good condition." Additional comments by Chief Brown were that in some respects the causeway portion of Bay Point Road is the most improved portion of the roadway. The fire department has used the causeway in the past to access brush fires. JUL-288-2003 11:30 ATTY JOHN CRENEY 15083621125 P.05 On May 15, 2001, at the request of the plaintiff, Chief Brown documented his observations of Bay Point Road to the Planning Board. In his memorandum to the Assistant Planner he stated, "Craig Williams asked me to document fire department access on 'Bay Point Road'. The entrance of Knob Hill Road is marked with a sign Bay Point Road, a large circle with 72" a posted sign and a large rock with'Old Colony Bog'. The initial portion crosses the causeway through the cranberry bog. It is a single lane gravel surface with an unguarded drop off on either side. The next portion transitions from the gravel surface across the bog to the dirt surface through the woods, is a single lane, lined with boulders and marked 'Bay Point Road Private'. The entrance to the woods is partially obstructed by large overhanging pine tree. The access through the wood is a single lane unimproved dirt surface. There a number of posted signs at the upper end of the woods. The access lane is sufficient for fire department access in width and appears to be firm enough to support fire department apparatus." DISCUSSION The duty required of a planning board under §§ 81L and 81P is ministerial in character. See Hamilton v. Planning Board of Beverly, 35 Mass. App Ct. 386 (1993)_ In the case of Gifford v. Planning Board of Nantucket, 376 Mass. 801 (1978) illuminated the role of the planning board in acting on applications for an ANR endorsement is not so mechanical as it was made to seem in the preceding reference but that planning boards and courts must take into account the function of planning boards and the purpose of§ 81P exemption from subdivision control. A principle object of the subdivision control was to ensure efficient vehicular access to each lot in a subdivision . . . efficient vehicular access was the critical factor and that the plan for on the ground facts showed that vehicular access from the public way was not a practical possibility then the planning board was to deny the ANR endorsement. In Gifford, supra, the court stated that it did not confer upon planning board a roving commission to assess the quality of access so long as the access was not an illusion. Gates v. Planning.8d. of Dighton, 48 Mass. App. Ct. (2000). More recently in the case decided by the Appeals Court Ball v. Planning Bd. of Leveret, the Court stated that they have consistently construed the exemptions from subdivision control that are set forth in causes a) b) and c) of§ 81I,, twelfth paragraph, in light of the purposes of the -3- JUL-28-2003 11:30 RTTY JOHN CRENEY 15083621125 P.06 subdivision control law generally as those are set forth in U.L. c. 41, § 81M. Gifford, supra; Perry v, Planning Bd.. of Nantucket, 15 Mass_ App. Ct. 144 (1983); Flulchinson v. Planning Bd. of Hingham,23 Mass. App. Ct. 416 (1987) "where there is the access that a public way normally provides that is where the street is of sufficient width and suitable to accommodate motor vehicle traffic and to provide access for firefighting equipment and other emergency vehicles . . . the goal of access under 81M is satisfied and an 81.P endorsement is required." The evidence before this court without contradiction is that Bay Point Road as it existed at trial provided adequate emergency vehicular access to lots I and 2 and that such access is in the "could be better manageable"category. I therefore conclude the goal of access under 81M has been satisfied and - that an 81 P endorsement is required. Richard F. onnon Justice of he Superior Court DATED: July 23, 2003 -4- A true copy, Attest: at 0erk TOTAL P.O6 \-.._ 0 10 s1 +.tc zf (9WM .01 -I wAard) 3NY7 AS)YU a i 1 �.1 F- <� 1 f w� m< I tr F- 7 w I O <p 0 a i O < 1n. u_=W I 4�� 4CC2 ,fi m ICV � II 0_ 0� 1 a 3W Y0 a o I 0 1 x C > O 40 i II 1,00 cL --. .00'09 .00•08 = . ,£.£-SL i)` ,ff'Olf M.O0_00.06N • � H OI �< \ I v4 Z Z0) Y IA 0, 0< j d F-r < < Y In \ U Oo M Y 0 J I J COCL Uv I a�U 1 o �0)< O) .4 a �ZW^r 1 I N. = zar.. 0 c� : a 2- I 1 J m0 2 < of\02< _ J i I aZr a Ix� m • I oJ_ f W� q nI I a 3 CCV)0 eN I- o �' a a ae'I O Irl • 00 H r 01 ry 8 amo Z' ' ; O • n a e • i O I i [:: w a o --.....\ l i x < W • & 7' i r =a 0 I ' z 40W 'Oall �Z'm • a I I � W 0 , `�al�# < a df o t \ I I m A �2 CO )1.)I W ; U I tt:43 C I - I) H v O m2 a '-U i r .S1,60.0lis 3 ZS.lf.09N ' i I 1 N (V F I F- m 0 ' m z \ ° ;�< n Jm ry i l 3 \ -n L. ;•4 License # 70572 * f. RoyalCorp. TADD R. LAMMINEN REAL ESTATE APPRAISER PH 508.420.7447 Fax 508.420.0417 980 MAIN STREET • OSTERVILLE, MA 02655