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Home My WebLink AboutSubdivision letter 12/4/24 DEC 17 2024 f Hayes & Hayes . L. 6uIL.DING vrt- ME Attorneys-At-Law, P.C. `�' - ____ _____ i'�' NT 23 East Main Street West Yarmouth, Massachusetts 02673 Michael J. Hayes Tele (508) 775-0080 Fax (508) 775-0693 Stephen P. Hayes firm@hayesandhayes.com Harold L. Hayes,Jr. (1952-2007) December 4, 2024 Bartholomew Rubin 8 Tee Way South Yarmouth, MA 02664 Re: 14 Herring Run Road, South Yarmouth Lot 5, Block G, 'Salt Box Beach Colony' Dear Bart: With regard to the above lot, this lot appears on a subdivision plan dated February, 1959. It appears that when the lot was created in 1959 it met all of the zoning requirements of the town of Yarmouth then applicable. This lot contains 13,850 square feet, which makes it one of the larger lots in the subdivision. In fact 36 of the lots on the 1959 plan were smaller than 13,000 square feet. In addition, many of the lots on the subdivision plan were well under 10,000 square feet. It appears that at all times this lot was taxed by the Town of Yarmouth as a buildable lot. It also appears that you had this lot separately perked before you purchased the lot, with the understanding that the town had recognized this as a separate buildable lot. At the time you purchased this lot, it appears that the estate of Joan Ruthford also owned lot 3, an adjacent lot, which had an area of 13,150 square feet. Please let me know if I can be of further assistance. Sincerely/ ,. , / , „y SUS 2 b �' S S Michaeb. Trades, Esc. Grylls, Mark From: Grylls, Mark Sent: Monday, February 3, 2025 8:17 AM To: Michael Hayes Cc: bartmrubin@gmail.com; Sears, Tim Subject: RE: 14 Herring Run Rd, South Yarmouth/Bart & Lotte Hi Atty. Hayes, Based on this information, it appears that Paragraph 5 is applicable. I will place a copy of the original letter and this email chain in the file for future reference. Thank you, Mark MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/ BUILDING COMMISSIONER TOWN OF YARMOUTH (508)398-2231 x 1260 From: Michael Hayes<michael@hayesandhayes.com> Sent: Friday,January 31, 2025 1:27 PM To:Grylls, Mark<mgrylls@yarmouth.ma.us> Cc: bartmrubin@gmail.com Subject: Re: 14 Herring Run Rd, South Yarmouth/Bart & Lotte Attention!:This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Thanks, Mark; The plan which shows the subject lot was recorded on April 4, 1960 in Plan Book 154 Page 29. That plan was endorsed by the Yarmouth Planning Board as `Approval Not Required' on March 24, 1960, and signed by three members of the Planning Board. Please let me know if you need anything further. Michael Michael J. Hayes, Esq. Hayes & Hayes Attorneys-at-Law, PC 23 East Main Street West Yarmouth, MA 02673 508-775-0080 508-775-0693 fax michael@hayesandhayes.com On Jan 30, 2025, at 8:27 AM, Grylls, Mark<mgrylls@yarmouth.ma.us>wrote: Hi Atty. Hayes, I did copy and paste your original email as the format it was sent in did not allow me to cut and paste the relevant bylaw sections. Thank you for the detailed breakdown of ownership history regarding the lot mentioned above. I agree that the lots have not merged as a result of the ownership history. I have one remaining question as it relates to the Town of Yarmouth Zoning Bylaw. Section 104.3.4 paragraphs 2 and 5.The two paragraphs help identify how lots are protected from merger and allow residential development,yet placement of the structure is regulated differently as a result of who approved or endorsed the lot. I am making an assumption that the planning board did not exist prior to the early 1950's and therefore the reason for the difference. Para. 2: Two(2)or three (3)adjoining lots. 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 endorsedand such lot was held in common ownership with contiguous lots and 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(50)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. Para. 5: Other Nonconforming Residential Lots. Except as set forth in this paragraph, area, lot frontage or other dimensional requirements of this zoning bylaw shall not apply to a lot for single-family residential use, provided a plan for such lot was approved or endorsed by the Planning Board on or before June 3, 1996,duly recorded,filed, or registered and such lot was not held in common ownership with more than two abutting lots as of June 3, 1996; as provided said lot contains at least ten thousand (10,000) square feet of non-wetland lot area and either seventy-five(75)feet of lot frontage or fifty(50)feet of lot frontage if the minimum dimensional requirements of Section 203.2 of this zoning bylaw are met, each side of the square described therein being seventy-five (75)feet. The minimum front yard setback for such a lot shall be pursuant to this bylaw Section 203.5 and footnote 1 thereof. The minimum side yard setbacks for such a lot shall be as set forth in Section 203.5 of this bylaw, but not more than the average of the setbacks of the residential dwellings on the lots next thereto on either side, but not less than six(6)feet, nor less than twelve (12)feet from any other building. The minimum rear yard setback for such a lot shall be as set forth in Section 203.5 of this bylaw, but not more than the average of the rear yard setbacks of the building(s)on the lot(s) abutting thereto, but not less than twelve(12)feet. The maximum building coverage for such a lot shall be in accordance with Section 203.5 of this bylaw. I guess the main question from me is this. Did the Planning Board or another entity endorse the plan? Thank you, Mark 2 MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER TOWN OF YARMOUTH (508) 398-2231 x 1260 Original Message From: Michael Hayes<michael@hayesandhayes.com> Sent:Wednesday,January 29, 2025 11:12 AM To: Grylls, Mark<mgrylls@yarmouth.ma.us> Cc: bartmrubin@gmail.com Subject: 14 Herring Run Road,South Yarmouth/Bart&Lotte Rubin Attention!:This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Good Morning, Mark; This is to confirm that in accordance with our discussion I have reviewed the title to 14 Herring Run Road relative to the Yarmouth Zoning By-Law. We examined the title to 14 Herring Run Road (Lot 5 Block G Plan Book 154 Page 29) back to the date of the subdivision plan, February, 1959, as well as all of the surrounding lots. In 1973 the developers sold Lot 5 Block G (14 Herring)to Charles&Joan Ruthford (Book 1888 Page 212). At that time the Ruthfords did not own any adjoining lots. With regard to the property at 8 Herring Run Road (Lot 3, Block G, Plan Book 154 Page 29): in 1960 this lot was conveyed to Charles F. Doble (who at no time owned any adjoining lots). Doble built a house at 8 Herring between 1960 and 1962. In 1962 he sold 8 Herring to Robert&Tonora Plattner(who at no time owned any adjoining lots). In 1977 the Plattners sold the home at 8 Herring to Mr. &Mrs Ruthford (Book 2492 Page 253). Accordingly from 1977 forward, Mr. &Mrs Ruthford owned both the house at 8 Herring and the empty lot at 14 Herring. At no time did either of them own any other adjoining lots. The Ruthfords subsequently got divorced and in 1981 and 1982 both 8 Herring and 14 Herring were conveyed to Joan Ruthford (Book 3488 Page 105 and Book 3488 Page 106). Accordingly Joan Ruthford from 1982 until her death in 2008 owned both 14 Herring and 8 Herring.At no time did she own any other adjoining lots. In April of 2008 the Estate of Joan Ruthford sold the vacant lot at 14 Herring to Bart& Lotte Rubin,the current owners(Book 22843 Pagel 43). At no time did the Rubins own any adjoining lots. Accordingly, under the Yarmouth Zoning By-Law,the lot at 14 Herring Run Road (Lot 5 Block G, Plan Book 154 Page 29) should qualify as a buildable lot. 3 Please let me know if you need any further information. Respectfully, MichaelJ. Hayes MichaelJ. Hayes, Esq. Hayes& Hayes Attorneys-at-Law, PC 23 East Main Street West Yarmouth, MA 02673 508-775-0080 508-775-0693 fax michaeVahayesandhayes.com MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/ BUILDING COMMISSIONER TOWN OF YARMOUTH (508)398-2231 x 1260 4