Public comment from Densieski in opposition1
Ziino, Genevey
From:densieski@aol.com
Sent:Wednesday, September 28, 2022 1:13 AM
To:Quirk, Ann; Ziino, Genevey; ma@aol.com; matthewlevesque02648@gmail.com
Subject:Public Comment, Street address 95 Sunset Lane Zoning Board of Appeals application
No. 2022-048 September 28, 2022 hearing.
Attachments:[A] LAND COURT MANUAL OF INSTRUCTIONS.pdf; [B] 220901 date signed, Pigott , lot
199, deed.pdf; [C] Zoning site plan, 95 Sunset.pdf; [D] 17933-H.pdf; [E] 17933-M.pdf; [F]
Land Court doc. 19184, Barnstable Deeds ctf 8594.pdf; [G] 17933-A L.C. Plan dated 02_
21_1941.pdf; [H] ctf 140593, 95 Sunset Lane, Land Court Certificate Search Results.pdf;
[I1] Staff Report, 95 Sunset-page1].pdf; [I2] Staff Report, 95 Sunset-page 2].pdf; [I3] Staff
Report, 95 Sunset-page3].pdf; [J} 95 Sunset Lane, Barnstable Town Property Card
copy.pdf
Ann Quirk, Town Clerk
Jake Dewey, Chair, Zoning Board of Appeals, c/o genevey.ziino@town.barnstable.ma.us
Matthew P. Levesque, President, Town Council, for vacant Liaison, Zoning Board of Appeals
Zoning Board of Appeals, seven Members, c/o genevey.ziino@town.barnstable.ma.us
Re: Public Comment, Street address 95 Sunset Lane, Zoning Board of Appeals,
application No. 2022-048, September 28, 3033 hearing
Dear Mr. Dewey,
Zoning Board of Appeals application 2022-048, street address 95 Sunset Lane contains numerous
factual errors which impedes the Zoning Board of Appeals from making a knowledgeable
decision.
The major legal inaccuracy being 95 Sunset’s Surveyor Down Cape En gineering, Inc (Down Cape) is
negligent by not disclosing to the Zoning Board of Appeals in the application and site plan, that
one of the lots which form application 2022-048 is entirely burdened by an easement.
Massachusetts Land Court Manual of Instructions for Surveyors and the plans they produce
states: [see A]
2.3.3. RECORD EASEMENTS. Easements recognized on prior locus Land Court Plans
and easements subsequently granted or imposed as disclosed by the outstanding
certificate of titleand title rundown must be shown.
= = =
The Zoning Board of Appeals September 28, 2022 agenda identified the property in appeal 2022-
048 as, The property is located at 95 Sunset Lane, Barnstable, MA as shown on Assessor’s Map
301 as Parcel 027.
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= = =
The actual property identification of 95 Sunset Lane, the property in appeal 2022-048, is stated as
follows from a September 1, 2022 sale, Quitclaim Deed doc 1,467,010 [see B]
Street address 95 Sunset Lane is two separate lots.
The original Unregistered Land, buildable parcel is Lot 7, Land Court subdivision plan 17933-A.
[see B1]
The second is a Registered Land burdened parcel is Lot 199, Land Court subdivision plan 17933-
H.[see B2]
Prudence A. Pigott is the sole owner.
= = =
The August 31, 2022 Zoning application included a site plan prepared by licensed surveyor Down
Cape Engineering, Inc (Down Cape).[see C]
Down Cape lists references it researched for creating the site plan under the
heading References. [see C1]
The references Down Cape listed for the Zoning Board of Appeals to render a decision for the
appeal application are:
-LCP (Land Court plan) 17933-H Sheet LOT 199 [see C2]
-LCP (Land Court plan) 17933-M LOT 225 [see C3]
-CERT. (Certificate of Title) 140593 [see C4]
= = =
The surveyor’s site plan attached to the Zoning application was produced by Down East and lists
ctf 140593 under the heading References and Land Court plans 17933-H and 17933-M, both
containing easement doc 19184 (a/k/a ctf 8594) in each plan’s title.
The items listed under references were supposedly thoroughly researched by Down East to
produce an accurate account for the Zoning Appeals Board which includes descriptions of any
easements for the 95 Sunset Lane property.
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I used the tern supposedly due to the fact that within ctf 140593 is the easement which is
described in detail on Land Court document 19184 but is never mentioned on the Down East site
plan for the Zoning Board of Appeals application.
The Land Court plan titles applied to Land Court plans 17933-H and 17933-M both contain the
phrase Filed with Cert. of Title No. 8594.
Land Court subdivision plan 17933-H [see D]
Land Court subdivision plan 17933-M [see E]
Certificate of Title 8594 filed in the Barnstable Registry of Deeds is the same document as Land
Court document 19184, Decree of Registration, Petition of Elizabeth J. Cobb, numbered 17933 and
dated November 29, 1946. [see F]
Land Court produced document 19184 states that So much of the land hereby registered as is
included within the area marked “Bathing Beach”, on said plan, is subject to the rights of all
persons lawfully entitled thereto in and over same.[see F1]
Land Court plan 17933-A was filed February 21, 1941. [see G]
95 Sunset Lane Lot 7 is noted on the plan.
= = =
Attached is Land Court search of Certificate of Title 140593 which is shown as C4 on the site plan.
The second listed item in ctf 140593 is Land Court document 19184 (a/k/a ctf 8594). [see H]
= = =
The applicant filed for a Special Permit pursuant to Town code Section 240-91.
The Planning and Development Department, Staff Report which codified the 95 Sunset Lane
application and utilized Barnstable Town code Chapter 240 produced a flawed recommendation
for the Zoning Board of Appeals. [see I1, I2, I3]
= = =
The Planning and Development Department bypassed a segment of Town code Section 240-102,
Contents of site plan, A. , (8)… The location, grade and dimensions of all …streets, ways
and easements…
Therefore the recommendation to the Zoning Board of Appeals overlooked the easement of the
complete Lot 199, plan 17933-H or fifty percent of the application 2022-048 for the 95 Sunset
Lane property area.
The Planning and Development Department reviewed the August 31, 2022 site plan which
references Land Court plans 17933-H and 17933-M with the easement doc 19184 (a/k/a ctf 8594)
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being noted on both plan titles; and Certificate of Title 140593 with easement doc 19184 being
the second item listed on the Land Court search.
Yet, they did not take the easement into account when reviewing the application.
Within the site plan drawing itself the surveyor Down Cape inserted the phrase Beach
Easement within the site plan, but in a manner to insure it will escape notice. [see C5]
The Barnstable Town created Property Card for street address 95 Sunset Lane also contains a Land
Court Plan Reference 17933-M with the easement doc 19184 (a/k/a ctf 8594) being noted in the
plan title; and ctf 140593 and ctf 81955 wherein both Certificates of Title contain “Bathing Beach”
easement doc 19184. [see J]
= = =
Barnstable Town’s own Property Card records verify that the Town is aware there is a Land Court
subdivision plan 17933-M; and the title of that plan includes in the title Filed with Cert. of Title No.
8594(the easement document 19184).
It is evident that an easement exist on the entire Lot 199, Land Court plan 17933-M.
Therefore, the Zoning Board of Appeals decision for application 2022-048 is based on the
remaining 60,000 square foot parcel being Lot 7 and the Southerly 100 feet of Lot 225 without
encroaching upon area marked “Bathing Beach” or Lot 199, plan 17933-H.
This reduced buildable lot footage would be far too small to justify the approval of current Zoning
application 2022-048.
Attached A - J
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