HomeMy WebLinkAboutLetter to Determine Buildablilty 4/25/22 STONE & REID
ATTORNEYS AT LAW
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SOUTH YARMOUITI PROFESSIONAL BUILDING
1292 ROITI'E 28 SOI"I1I YARMOUII-I, MA 02664-4452
TEL(5081 3945648 FAX(508)398-1699
DAvil)S.REID,ESQ. MICI lAIa.F.STONE,ESQ.
DSReid@verizon.net MFStoneEsq@comcast.nel
April 25,2022
Mr.Mark Grylls
Building Commissioner
Yarmouth Town Hall
1146 Route 28
South Yarmouth MA 02664
RE:#19-26 Bass River Terrace
Dear Commissioner Grylls,
I have been asked to determine the huildability of#19-26 Bass River Terrace,South
Yarmouth.I understand that your office is no longer giving advisory opinions on the status of
vacant lots.It is my opinion that this property should he buildable for at least one residence,but
since it has been the subject of previous actions by the Town,I felt it prudent to at least discuss
with you my analysis and that background.
There are 5 parcels adjoining each other,in a row(wrapping around the cul de sac),on
Bass River Terrace.They appear as assessors parcels 42.152,42.153,42.154,42.155 and 42.156.
and as lots 5-9 on the Land Court Plan#13018-A.The lots were created in a pre-zoning
subdivision in 1928.These are in common ownership and have been for many years. They range
in size from approximately 20,450 to approximately 13,000 sq ft.Lots 42-152 through 42.154 are
heavily burdened with wetlands.
In 1999,when they were in the R-25 zone-they were the subject of a ZBA application
seeking to reconfigure the live of them into two buildable lots under bylaw section 104.3.5.
However as the ATM was about to re-zone them to RS40,the application was withdrawn.It
appears that this decision was based on the assumption that since there were more than three lots
in common ownership they did not qualify for the three-lot protection,now embodied in section
104.3.4(2).As we know from the subsequent decision of Marinelli v.Stoughton,in 2003,the
three-lot protection does extend to ownership of more than three lots,provided that only three of
them may claim the grandfathered protection as individually buildable lots.Therefore since lot
42.156(#26 Bass River Terrace)contains approximately 18,295 square feet of area,and over 50
feet of frontage,it would appear to remain a buildable lot under bylaw section 104.3.4(2).As for
•Each Attorne)in this office is an independent practitioner
who is not responsible for the practice or Iiabilititz or any
other athxnec in the office.Stile 7.5(d)
the other lots. I am not offering an. opinion on how they might be reconfigured at his time. For
septic reasons, it might be necessary lbr some of the adjoining land to be added to #26,
depending on the development proposed. Obviously I am not asking you for any determination of
Health or Conservation issues. Those would need to be addressed separately.
In 2002. a Lot Inquiry form was submitted for 30 l3ass River Terrace by Robert Dunphy. I
do not know what his relationship was with the owners at that time. but presumably he was
seeking to purchase and deg clop the lot. That inquiry was denied. based on the condition of the
road. ( see enclosed). However. I note that there are presently three other homes on the Terrace,
the col de sac appears to be fully cleared and ,graded. and there is a tire hydrant at the end of the
cul de sac. A letter of Water Availability had been issued in 1999 in the earlier zoning
application. I am not sure why this negative determination was made at that time. Perhaps other
work has been done to the road since then. Rut as a road predating subdivision control, it would
appear to qualify as frontage providing safe and adequate access to the site.
So. at this time. I would welcome the opportunity to speak with you about this property,
to get any feedback that you might offer on at least the huildability of lot 42.156 or the land in
general.
Ve my o
David S. Reid
Each Auurnc, in this,aTic.is an independent practitioner
who is not responsible fur the practice or Liabilities ol'any
who allomc* in the office.Rule 7.3 Id)
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TOWN OF YARMOUTH
'Yq+4; BOARD OF APPEALS
O DECISION RECE1� - D 1/ •
O H: Q41 :►1V 5
-� NAT7A n f 99 HA ��i W All 9
IJ Nf-1 (I Yl�titlt:i.
l NN CLERK & TREM.L► i
FILED WITH TOWN CLERK: May 25, 1999
PETITION NO: #3535
HEARING DATE: April 8, 1999 and May 13, 1999
PETITIONER: Davenport Realty Trust,DeWitt P. Davenport,Trustee
PROPERTY: 19-30 Bass River Terrace,South Yarmouth, MA
Map: 42 Parcel: 152 thru 156 Zoning District: R25
MEMBERS PRESENT AND VOTING: David Reid, Chairman, James Robertson, John
Richards,Joseph Sarnosky, Diane Moudouris,Richard St. George non-voting alternate.
It appearing that notice of said hearing has been given by sending notice thereof to the petitioner
and all those owners of property deemed by the Board to be affected thereby,and to the public by
- posting notice of the hearing and published in The Register, the hearing was opened and held on
the date stated above.
The petitioners seeks a Special Permit per bylaw§104.3.5 in order to reconfigure five(5)existing
non-conforming lots,in order to assemble two(2)residential lots.
The petitioner was represented at the hearing by Mr.DeWitt Davenport.
The petitioner proposes to purchase five(5) existing non-conforming lots,and recombine them so
as to make two (2)buildable residential lots. The properties are now in common ownership,and
are shown on a 1928 subdivision plan. The roadway consists of an unpaved but cleared dirt road.
The petitioner's proposed recombination is shown on its proposed plan,filed with tho Board.
During the course of the proceeding, the Board had questions as to whether Lot 9 was presently a
buildable lot,and about the status of the way. It was also noted by the Board and petitioner that a
bylaw amendment was pending before the upcoming Town Meeting, which, if passed, would
apply to the property and would render the petitioner unable to meet the Special Permit
requirements for the relief sought. In order to allow the petitioner to gather information to
respond to the Board's concerns, and to determine the result of Town Meeting,the Board voted
to continue this matter for further hearing on May 13, 1999. At that time the Board reconvened,
as scheduled. It was reported that the Town Meeting had passed the article which increased the
zoning for this land from 25,000 sq. ft. to 40,000 sq. ft.. It is the understanding of the Board that
this amendment would apply to this project. Accordingly, the petitioner would not appear to be
able to meet the Special Permit criteria.
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A letter was received from the petitioner requesting that the petition be withdrawn, without
prejudice.
A motion was made by Mr. Richards, seconded by Mr. Robertson, to allow the petition to be
withdrawn, without prejudice, as requested. The Board voted unanimously in favor of this
motion.
David S.Reid,Clerk
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'` TOWN OF YARMOUTH
`°' ., BUILDING DEPARTMENT
1146 Route 28, South Yarmouth,MA 02664 508-398-2231 ext.261
BUILDING DEPARTMENT
LOT INQUIRY FORM (ZONING PURPOSES ONLY)
/1Z, (155) '
Assessors+Map N 9 Lot No. H 8 Street Address 30 Bass River Terrace
FAdersement Date of Subdivision Ptah and Type(if applicable) May, 1928
Total Land Arm(sq.ft.) 13,250 Frontage 6 3.3 9
Lucille 70 Doran Drive
Name ofCutrrntOwner
pwocki Address Brewster,Ma. Telephone No. 896-3552
inquires Nam ofdiferaitfiunowner) Robert Dunphy Telephone No. 760-1318
Irrqudre+smallingAddress 218 Blue Rock Road,S.Yarmouth,Ma. 02664
Building Single Family Res. 154,156, 161, 162, 169.3
Adjoining Lot Numbers _
Signature of Applicant Date of Inquiry 12/1 1/01
FOR FFICE USE ONLY
Does not conform with M.G.L.Chapter 40A,Section 6,single lot exemption,or
Defnnitiv+a Exempti and/or the applicable zoning byl w,as peer inf Pmvn y
•
Reason`% ,N O .i� • ./r- �r. t'i� .�t�i ."4-.z.
Conforms with MG.L Chapter 40A,Section 6,single lot exemption,and or Section
104.1.4,Para. of the zoning bylaw,as per information provided. Comments:
?rowed pursuant to M.G.L.Chapter 40A,Section 6,Definitive Plan Exemption.
..�._App;Gcation Is incomplete. Comments:
9
,-
� r
Adequate road access must be present. Determination of access shall be made by the I) 1 �v� .G.g Board pursuant to MAIL.Chapter 41 (if applicable.) n�1 i 2001
Must satisfy Title V requirements.(See Board of Health) -
ay4c _
Must satisfy Conservation regulations,if applicable.
Old!Gigs Highway Regionsl Historic District Commission applicability.
Investigator's Signsture ,r�,.� (� / i 4.-&t Tate / , - d
Rev.3/01
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1•Yd% TOWN OF YARMOUTH
' C WATER DEPARTMENT
102 UNION STREET
YARMOUTH PORT,MASS.02675
(508)362-4974
FAX(508)382-5421
Date of Issue : Jan 19, 1999
Letter of Water Availability
1. Single Family Dwelling x 2. Duplex Family Dwelling
3. Condominium Dwelling 4 . Commercial / Industrial
5. Other (Specify)
Reference; Massachusetts General Laws Chapter 40, Section 54
To : Town of Yarmouth Building Inspector
Please be advised that the Town of Yarmouth Public water supply
is available to service lot/parcel (s) 156 Street 26 BASS RIVER TERRACE
as shown on Assessors sheet/map # 42
Issuance of this Letter of Availability is subject to the
following provisions/restrictions.
(1) The property owner agrees to comply with all Federal, State,
and Local Laws, Rules and Regulations as they pertain to the use of the
Public water Supply.
(2) The Yarmouth Water Department shall have exclusive rights as
to the size, number, type and location of all water service lines, fire
service lines or appurtenant items connected to the water distribution
system.
(3) The Yarmouth Water Department reserves the right to require,
at the property owners expense, the installation of water mains and
appurtenant items to meet water demand requisites within any structure
relevant to this Letter of Availability.
(4) This Letter of Availability will expire 180 days from
the date of issue.
I have read and understand t provisio restrict,;'one of this Letter of
Water Availability. i agn
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Reference
: DAVENPORT REALTY TRUST
: 20 NORTH MAIN STREET
: SOUTH YARMOUTH, MA 02664
Yarmout_z a er Department
oFY BUILDING
' '`�R
i Yk ,o
TOWN OF YARMOUTH BILDING,a
`i GAS
r I 1-li ROUTE 28 SOUTH 1ARM°L'TH VIASSACHL'SETTS026t, -1451_
*...said,..`',,rd► Telephone (508) 3918-2231. Exc. :61 — Fax ( ) I UV
BUILDING DEPART \1E ` 1
BUILDABLE LOT INQUIRY FO . AU6 9 3 2000sifi I!J
_ fUJLJ iNa DEPT _
Lot No. /1 Assessors' Map No. 4/2 Street EA •
•i'i p's nY /�'R RAc' F
Endorsement Date of Subdivision Plan and Type(if applicable)
2: tc1.4s To Lc, LOTS f' ,' 5' C.4-i 6E
' Total Land Area(sq. ft) '• 'S II 2 f - `Frontage(cei 3,%)ed fe)Z. iv 0'•{Qol r4gP _ .
7o .�c,RAti' D,.%r,
Name of Current Owner u c 1 l it CZ-toe Ki Address BC-1 w• rC Jyn Ott 3/Telephone No. -
• •
wK i pi--y.75/-304Z
Inquire's Name(if different frpm owner)2),44(Z \S" .1•2f2)7 Telephone No Ame 73i- 72$- ,r‹.751/
Inquire's Mailing Address V/ / "-s„, y 0.14 j ST Gl,•'c%&,s 7-F.e 'lam U Af'9b
'ofi3,„e Leas f
l •
Building Intent i1 Avi / S rr_.Lc I.-eke Adjoining Lot Numbers '- Z nl vu.,1 i 9
tv. i ii ,-7 -641.wJ /4 rrAeil ed
Signature of Applicant 'a{,x ,$ zZn t, n; Date of inquiry of-ie- 2 060
n
r nic i. Ii
- /' ', � �q � 1
f� J• �fi��' ,;�, . '� � fly �-• ' BUGZ 20 [ f;J FOR CE USE ONLY j- / L.'
/
Does not conform with M.G.L. Chapter 40A, Section 6, single fot boa, or Definitive
Plan Exemption and/or the applicable zoning bylaw, as per information provided.
' Reason
Conforms with M.G,L. Chapter 40A, Section 6,single lot exemption,and/or applicable
zoning bylaw, as per information provided.
- Protected pursuant to M.G.L. Chapter 40A, Section 6,Definitive Plan Exemption. .
Application is incomplete. Comments:
Zkrieqirate road access must-be present. Determination of access shall be determined by the
Planning Board(if applicable).
_Must satisfy Title V requirements.
•
Must satisfy Conservation regulations,if applicable.