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Plymouth Long Beach Land Exchange: Nielsen Property. 2013 Fall Annual Town Meeting Dept. of Marine & Environmental Affairs. Why is an exchange needed?. The Nielsen property is made up of two 25 ft wide lots for a total width of 50 ft.
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Plymouth Long Beach Land Exchange: Nielsen Property 2013 Fall Annual Town Meeting Dept. of Marine & Environmental Affairs
Why is an exchange needed? • The Nielsen property is made up of two 25 ft wide lots for a total width of 50 ft. • The footprint of the cottage, driveways, shed and septic system is approximately 90 ft wide. • An exchange of land will create a new lot so that all of the structures will be located on private property.
How many properties have already had lot line adjustments? Five properties have had lot line adjustments: • Four have exchanged land with the Town (Laughlin, Melahoures, DeMarzo and Graham). • One was corrected with a transaction with another private property owner (Barbieri).
Status of Lot Lines • There is no recent survey in this area. • The lots on Long Beach were laid out in 25 ft widths, and the Nielsen property includes two of these lots. • The exact location of the boundaries are not known • The area currently used by the property owner is more than 50 ft in width. • Therefore, a portion of the area in use is Town property, either on the north side or south side of the private property.
How did this happen? • Boundaries at PLB are confusing due to past survey errors and lack of recent survey. • The cottage was built in 1930, and the septic system was upgraded in 2008 by the previous owner. • The project was permitted through the Board of Health (Septic Permit 36-2008) and the Conservation Commission (PCC-05-41, DEP SE 57-2085). • Improvements to the cottage and shed were located in areas already in use by the previous owner.
Proposal • The new lot will remain .41 acres in size and will encompass all of the areas currently in use by the property owner. • The Town will take ownership of the harbor and beach sides, including property rights to the intertidal areas granted through the Colonial Ordinances of 1641-47.
Rationale for new configuration • A1:1 swap of square footage has been used in previous lot line adjustments. • R25 Zoning: lots less than 25,000 sq. ft., as the Nielsen property is, are non-conforming. The size of lot has to be maintained using the 1:1 swap ratio to prevent zoning violations. • Per Section 205-25 of the Zoning Bylaw, consistent with MGL c. 41, and case law, increasing the non-conformity of a legally non-conforming lot in any way jeopardizes the zoning protection afforded the legally existing non-conforming lot. • The assessed size of the lot includes only the areas above mean high water. The property owner is also giving up rights to intertidal areas granted through the Colonial Ordinances of 1641-47.
How many more need to be adjusted? • The only properties that we can say with certainty do not need adjustments are the ones that have already been adjusted. • Survey is needed for the other properties to determine if the GIS parcel lines accurately show the actual property boundaries. • In addition, the location of underground structures (septic, wells) will need to be researched to determine if they fall within the property boundaries.
