AP- 2022-006 White 438 South St HY r— — — — — — — —
Town Clerk Stamp
,�tiarnrzreu��t�, I
Zoning Board of Appeals
Petition for a Variance
For Office Use Only
Date Application Received: Appeal No.:
Hearing Due Date: Hearing Date:
Decision Due:
Property Owner:Allen J White Phone:508 775 1146
Property Location: 45,f�.59,µth;, treet village:Hyannis
city:Barnstable ( Hyannis) State:MA Zip:02601
Address of Owner et Stre South
405 S
(If different from above): Rr a. th Street
City: Hyannis State: MA Zip:02601
Assessor's Info: Map:308 Parcel: 123 Zoning District:SF Groundwater Overlay:
Registry of Deeds/Land Book: 1 881 #Li Page:342 Document#: Certificate#:
Court Reference: ( Plan Book:301 Plan Page: 1
Applicant's Name:' Allen J White Phone:508 775 1146
Applicant's Address: 4,Q,5 SCtuib,,Street Fax#:
City: Hyannis state: MA zip:02601
If Petitioner(s) differs from owner, state nature of interestz
I I
( I
The undersigned hereby applies to the Zoning Board of Appeals for a Variance, in the manner and for the reasons set forth
below:
Cite Section(s) &Title(s) from Zoning Ordinance: 240- 24.1 .5-B. Dimensional , Bulk and other
lot area and rear yard set back
Description of Activity/Reason for Request: 1
Seek a variance for lot area minimum of 20,000 sq it to 15, 358 sq ft and rear yard setback from 10 to 3 ft Note: 5 A side yard setback
Prior preexisting re Garage) See Plan in Barnstable Plan book301 Page 1 and Easement Plan d 5-4-11 attached
SEE NARRATIVE ATTACHED
I The Applicant(s)Name will be the entity to whom the special Permit will be issued to.
2 if the Petitioner(s)differs from property owner,the Petitioner(s)will be required to submit one original notarized letter from the owner authorizing the
Petitioner(s)to represent them before the Board. Also,if perspective owner(s),an executed Purchase and Sales Agreement or lease,or other documents to prove
standing and interest in the property will be required. -
Is property subject to an existing Yes X No
Special Permit or Variance: Please list Appeal #(s):
Existing Level of Development of Property — Existing Number of Buildings:Two (2)
Existing Use of Property:Sinqle Family Residence
Existing Gross Floor Area: 4.808
Proposed Level of Development of Property—Total Number of Buildings:no change no new buildings
Proposed Use of Property:single famliy residence
Proposed New Gross Floor Area: 4,808
Site Plan Review Number: �N/A Date Approved: N/A
Description of Construction Activity (if applicable): N/A
Is the property located in a designated Historic District: Yes x No
Is the building a designated Historic mark: Yes x No
Is this proposal subject to approval by the Board of Health: Yes x No
Is this proposal subject to the jurisdiction of the Conservation Commission: Yes x No
Have you applied for a building permit: Yes x No
Have you been refused a building permit: Yes X No
Signature: / ' f 4 Date: 2/8/22
Print Name:Allen J Vyhite By Theodore A Schilling Esq his Atty In Fact Phone:508 775 0700
Mailing Address: 12 Parker Road
City: Osterville, State: MA I Zip:02655
Fax Number:508 775-0792 Email Address:tas@lawcapecod.com
NARRATIVE TO ALLEN J WHITE'S BOARD OF APPEALS PETITION FOR VARIANCE
Re: 438 South Street, Hyannis, Massachusetts (Barnstable Assessors No. 308/123)
Locus is shown as Lot 1 on Plan Book 301, Page 1, a copy of which is attached hereto. It
contains 15,358 square feet of area, has 127.24 feet of frontage, well over 100 feet of width and
is improved with a single- family dwelling and a detached garage. Assessor's records indicate
that the dwelling was initially constructed around 1840. I could find no records relative to the
detached garage, but it appears quite old.
Lot 2 on said Plan Book 301, Page 1, contains 12,094 square feet of area, 20.07 feet of
frontage and width of well over 100 feet. It is unimproved.
The division plan in question (Plan Book 301, Page 1) is an Approval Not Required plan,
endorsed in 1975 and recorded in 1976. At that time, the property was in an RB district,
requiring 10,000 square feet in area, 100' in width and no frontage. Applicable yard setback
requirements at the time were 20 feet front and 10 feet side and rear. The plan notes that a small
portion in the back of the dwelling was to be removed to comply with the 10 feet rear setback
requirement. That section does not exist presently. However, there is presently an old wooden
deck attached to the rear of the dwelling with 3-foot rear yard setback( 10 foot allowed) . The
lots were laid out so that the detached garage would comply with the then rear yard setback of 10
feet. That garage does lie approximately 5 feet from the westerly sideline of locus, which was
then and is not presently in compliance with the side yard setback requirements, but I found no
evidence that the westerly abutting land and locus were held in common ownership subsequent
to any zoning creating dimensional requirements in the area.. It is assumed that the garage
structure pre-dated the inception of dimensional zoning restrictions.
The area surrounding locus was rezoned RB-I in 1977, but the intensity regulations did
not change. In 1982, the intensity regulations changed, but only to require a minimum of 20 feet
of frontage.
In February of 1985, RB-1, along with the remaining under-acre residential districts,
went to a required minimum area of 43,560 square feet, rendering both lots noncompliant. Yard
setback requirements remained the same, at 20 feet for the front yard and 10 feet for the side and
rear yards. At that time, and through 2003, both lots were held in common ownership. In 2003,
Lot 1 was conveyed to Allen J. White, individually, and Lot 2 was conveyed to Allen J. White,
Trustee of Homestead Realty Trust. Homestead Realty Trust was created by instrument dated
April 1, 1986. The Schedule of Beneficiaries of said trust, dated April 2, 1997, indicating that
Allen J White's daughter, Eden A. White, was the sole beneficiary of that trust. The trust sold
Lot 2 to an unrelated third party (and its present owner) in 2012. Allen J. White still holds
record title to Lot 1. Therefore, assuming that Lots 1 and 2 were not deemed to be under the
same ownership or control when owned by Allen J. White and Allen J. White, Trustee of
Homestead Realty Trust, respectively, for purposes of zoning, they have been held separately
since 2003.
In 2001, our area was rezoned OR, which reduced the required area to 10,000 square feet,
but increased the required frontage to 50 feet and increased the required front yard setback to 30
1
feet and rear yard setback to 20 feet. By itself, that zoning change would have rendered Lot 2
newly noncompliant as to frontage and both structures on Lot 1 noncompliant with respect to the
rear yard setback.
In 2005, this area was rezoned SF and remains as such today. This district requires a
minimum of 20,000 square feet of area, 20' of frontage, as well as setbacks of 20 feet for the
front yard and 10 feet for the side and rear yards.
In 1985 when zoning when to RB-I said lots 1 and 2 merged and could not be
separately sold based on zoning, but were purchased by Allen J White and Homestead Realty
Trust without being aware of the many zoning changes and the merger.
Petitioner has no control over Lot 2 own by a separate unrelated person. Lots I & 2
cannot be reunited , into one lot, based upon a case law stating the same is not allowed and
could not be done anyway since there are to separate owners.
Presently lot 1 is under a Purchase and Sales agreement but can not be sold without the
granting of a variance allowing lot 1 to lawfully exist as shown on Plan 301 Page 1. This all
has been reviewed and confirmed by Brian Florence Building Commissioner.
The granting of a variance is the only solution to allowing this Lot 1 with dwelling to exist
under zoning and to be sold.
2
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fox ncope.com @ HYAI� NIS, MA
downcape.com
down cope engineering, inc. #438 SOUTH STREET
civil engineers PREPARED FOR
land surveyors BEECH TREE R.T.
939 Main Street ( Rte 6A)
YARA40UTHPORT MA 02675 DATE: 5-4-2011
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Map printed on: 2/4/2022 This map is for ilbas, ation purposes only.It is not Parcel lines shown on this map are only graphic Town of Barnstable GIS Unit
adequate for legal boundary determination or representations of Assessor's tax parcels.They are 6 Main Street,Hyannis,MA 02601
Feet regulatory interpretation.This map does not represent not true property boundaries and do not represent 3 7
O 42 83 anon-the-ground survey.It may be generalized,may not accurate relationships to physical objects on the map 5o8-862-4624
reflect current conditions,and may contain such as building locations.
Approx. Scale: I inch = 42 feet 0 cartographic errors or omissions. gis@town.barnstable.ma.us