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HomeMy WebLinkAbout0053 ABBEY GATE �, . � 8 . ` �, I e .. .� .,_; .�''"' -�. .... .. . .,:. ,. - - f _ 1 9 I Town of Barnstable *Permit# 061a��ad Expires 6 months from issue date "7 Regulatory Services Fee �a -- • �tvcresia, • ... MAM Thomas F.Geiler,Director Building Division X-PRESS PERMIT Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 0 C T 12 2012. www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIODEN=9SMARNSTABLE �t� � �i ali without Red X-Press Imprint V Map/parcel Number r1jQ� 1 f Prope .AddressUiw CAL) t Residential Value of Work Minimum fee of$35.00 for work under$6000.00 Owner's Name&Address �— r r Contractor's NameFM= E-Mphone Number Home Improvement Contractor License#(if applicable) Con structio pervisor's License#(if applicable) Compensation Insurance Check one: ❑ I am a proprietor. ❑ I the Homeowner have Worker's Compensation Insurance Insurance Company Name Workman's Comp.Policy# Tcog 41 Copy of Insurance Compliance Certificate must accompany each permit. Permit Request(check box) ❑ Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to L4 ❑Re-roof(hurricane nailed)(not stripping.,Going over existing layers of roof) ❑ Rep-Sid #of doors Replacement Windows/doors/sliders.U-Value (maximum.35)#of windows _ ❑ Smoke/Carbon Monoxide detectors 4 floor plans marked with red S and inspections required. Separate Electrical&Fire Permits required. ; *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: erty Owner must sign Property Owner Letter of Permission. A c y of the ome Improvement Contractors License&Construction Supervisors License is re it SIGNATURE: Q:\WPFILES\FORMS\buildin permit forms\EXPRESS.doc Revised 053012 } Renew, a byAndersen® WINDOW REPLACEMENT an Andersen Company 1137 Park East Drive,Woonsocket,RI 02895,Phone:866-563-2235 Fax:401-671-6262 To Whom It May Concern: I,Matthew Esler, hereby authorize Richard Fallone, to pull permits on behalf of Southern NE Windows LLC. Should you have any questions or need additional information, please contact me directly at (401) 671-6450 Sincerely, Matthew Esler www-Renewa%yAndersenNow.com " The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street _ Boston,MA 02111 www.mass.gov/dice Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Le 'bl Name(Business/Organizetiondndividual):. ,� Address: ��U' City/State/Zip: � � (- Are you mployer? Check the appropriate box: Type of project(required):. 1. am a employer with 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. ❑New construction . 2.❑ I am a'sole proprietor or partner- listed on the-attached sheet 7. ❑Remodeling ship and have no employees These sub-contractors have 'g. ❑Demolition working for me in any capacity. employees and have workers' • [No workers comp.insurance 0o insurance.t 9. ❑Building addition required.] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions 3.❑ officers I am a homeowner doing all'-work have exercised their 11.❑Plumbing repairs or additions . . myself. [No workers' comp. right of exemption per MGL . 12.❑Roj4eepairs insurance required.]t c. 152, §1(4),and we have no employees.[No workers' 13. flier comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tcontractors that check this box must attached an additional sheet showing the name of the sub-contractois and state whether or not those entities have employees. If the sub-contractors have employees,they must providt their workers'comp.policy number. 'I am an employer that is p pviding work rs' ensa on insurance for my employees. Below is the policy and job site information. Insurance Company Name: 4oMcy br'S'e1f ins ic. Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensate a policy declaration page(showing the policy number and expiration date). Failure,to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as-well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be.advised that a copy of this statement maybe forwarded to the Office of Investigations of the DIA fordusurance coverage verification. I do hereby certify under a pac s• nd nal ' of perjury that the information provided above is true and correct Signature: Date: Phone#: Official use only. Do not write in this.area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1 Board of Health 2.Building Department 3.City(Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: . i + -2-2007 01:04 FROM:IA 5W44404ie T0:14016336602 P.1'5 W YqA 1H1# wary R Hx',C9nt12.4 g, RENEWAL BY ANDERSEN MAHir 1nU99, a,rrtnr uerserr 1137 Perk finvt Drive•Woonsocket.R102895 low tum6 canna)Iirm Phone 401.671.6401•Fax 401.671.6262 110ruetlu+cta099 FOM Ta IDa 46-05V M Soatharn New Enid Windows,LW d/b/a Renewal by Aadeses of Sontbern New England CUSTOM WINDOW AND DOOR REMODELING AGREEMENT tad or d}(A� QL Ld t�a 1 C�l�t� Aj a soeuAditm Sao.uW 7lr l vd. S3 a4b bey CA-a Po Coiy a t MIA io;G S SM,dAdd. Nwa.TdojwmNumb.r Work WdwrNwdw a-, &j 2 9 1rQ4t�, M elr I as 4.10 Buyrr(s)hcreby f Dimly and Severally agrees to Pun:hasc the products and/or rrvices of Southern New Englund Windows,L1.0 d/b/e Renewal by Andersen or Southern New England("Cuoltnu•tus'j hi accordance with the coma and cond;iiont described on the front and The reverse of this agreement and on the attached apecificatiun s6eegs)(collectivrly,this"Agrremrnt"), Ton1 jobArnewlm 853 moaned SetrtintgDue: Mcihod of Punt c,J Check O Cosh O Fmnwd Deposit Received(33%)6�t� ( �' - ' t:redit Gres ere aaepted for deposit ony-mandrttum I13 of era Bahia to Smrt of job(33X):�� SO S Carglatbn Due p��cost�see Cmdt Cord font)8Y>Oi�B this Alreemenc you acknowledge that the Salim at Start cf)ob and the Babrice on (- - Iitbnee en subrnnWl conlpledan ajob annot be arse ty audit Compkdon of jobb(�33%. �o I�•Sb i f and and mun be made by personal check bunt check,or euh. Baytr(a)agrees and understtsads that this Agreement constiNates the Cadre rmderrbtad:ng between the partllas,and that these are uo verbal understandings changia6 any of the terms of film Agreement.Buyer(s)aclmowledges that Buyer(s) (I)bss read this Agreements undoestands the terms of this Agreement,and has received it completed,signed,and dated copy of this Agreement,including the two attached Notices of Caucallatiou,on the date firstwrkmn above and(2)wars orally informed of Buyer's right to cancel this Aarrcmebt.DO NOT SIGN TEAS CONTRACT IF THBRE ARE ANY BLANK SPACES. (Rhode Islossd Sofas Omar)Notice to Buyers(1)Do not sign this Agreement M any of the spaces intended for the agreed terms to the oxbeat of then avaa7able iaformadon ark left bbhak.(2)Yak are ea*kd to a copy of this Agreement at the time you sips it.(3)You may at any time pay off the fill unpaid balance due under this Agreement,and to no duing you may be entitled to reetive a partial rebate of the finance and insurance charges.(4)The stiller boo no right to unlawfully,eater your promises or commit any breach of the peace to repossess goods purchased nndmr thin Agreement.(8)Yon may cancel This Agreament if it has not been signed at the main office or a branch o11114ae of the solace,provided you notify the seller at his or bar maia offitte or branch oS&oe shown In the Agreament by regisrtered or certified mail,which shall be ported nos later than midaigbt of the third calendar dry alter the day onwhich the buyer signs the Agreement,encluding Sunday and any holiday on which regular mail deliveries are not made.Seethe accompanying notice of eaacenstion form for an eaplanatio of buyer's rights. Buyers)received the consumer education materials provided by the Rhrxk island Contractors Regiamiion Roard. (lluja}lrniliaG) Renewal by Andersen of Southern New England Buyer(s) 13ayar{s) By: a of an ,gtsaturc Signature /yl/c�,�.eL ���/ o pQAr�TtAro LoQ� 7dRaJT�Aro Print Name or Pmduct Minager Print Name Print Name YOU, THE MMER(S), MAY CANCEL THIS TRANSACTION AT ANY 11 PRIOR TO MIDNIGHT OF THE TB= BUSINESS DAY AFTBR THE DATE OF TkUS TRANSACTION.SEE T=ATTACHED NOTICE OF CANCELLATION FORMS FOR AN EXPLANATION OF TIUS RIGN E x- - - - - -- - - - - � - - - - - - - - - - - - - - 44- - - - - - - - - - - - - - � N.QYI O..CE F LLATION NOTICE OF_ CIN Gate of Transaction Vas may cancel I Date of Transaction You may cancel Date of Transaction Vas may cancel !this bmstisacdon,without iny penalty or obligation,within this transaedots.without Ary penalty or obligation,within three businan days from the above date.If you cancel,any I three business days cram the above data.if you cancel,any property traded in,assy payments made by you under Rite I property traded In,any payments made by you under the Contract or Sale,and arty negotiable instrument executed I Contract or Sale,and any negotiable Instrument executed by you will be returned within ten business days following I by you will be returned wi#dn ten business days following I list by the Seller of your cancellation notice,and any 1 recelpt by tho Seller of your cancellation notice,and any security interest arising out of the transaction will be security interest arising out of tits transaction will be canceled.Nyou cancel,you must make available to the Sutter canceled.lf you caneal,you must make avallabke to the Seger at your residecc.In substantially as good condition as when at your residence,in wbstandally as good condition a s when recelved,any goods delivered to you under this Contract or I received,eery goods delivered to you under this Contract or Sole;or you may,if you wish,comply with the instructions of I Sale;or you may,Nyou wish,com*with the Instructions;of the Setter regarding the return shipment of the goods at the the Seller wing the return shipment of cite goods at the Seller's expense and nisk.lf you do make the goods available Sellers expanse and risk.If you do make the moods available to the Seller and the Seller does not pills them up within to the Seller and the Seller does not pick Chem up within tweet/days of the date of ciumlhation,you may retain or I twenty days d the date of cancellation,you may retain or dispose of the goods without any further obligation.If you I dhpote dtM goods vAthout any further obligation.N you fall to maim the goods"table to the Seller,or Nyou agree I fall to make the goods available to the Sella,or N you agree to return the goody to the Seller and fall to do so,then I to return this foods to the Salter and foil to do se,then you remain lla&e for performance of all obligations under I you remain Ilabie fa'performance of all obligations under ire Contract.To cancel this transaction,mall or deliver tl►e Conntmet.To cancel this trans"Von,null or cWWer a signed and dated copy of this cancellation notice or any I a signed and dated copy of this cancellation notice or any other written notice, or send a tellegnm to Renewal by I other written notice,or send a telegram to Renewal by Andersen of Southern New England at 1137 Park Eau Dr, I Andersen of Southern New England at 1137 Nark East Dr., Wooshs a ,FLI02695,NO)T LATERTHAN MIDNIGHT OF t Woonspciont R102893,NOT LXrBR.TNAN MIDNIGHT OF I H Y NCELfHISTRANSACTION. ! I HER RY ANCEL I`MIS�ERNSACTION. ouWt alp- Print 01— tow X airy✓t PAW KIM" eau nbA Copy:Whim Buyer CoW.Yellow Buyer Cope Pink i Massachusetts- Department of Puhlic Safel% Board of Building Regulations and Standards Construction Supervisor License License: CS 42926 PAUL H THIBEAULT 26 LESTER•ST N SMITHFIELD, Rl 02896 _ Expiration: 2/16/2013 Commi:-sioncr Tr#: 9%3 II i i i I vuusiness Office of Consumer Affairs and Regulation 10 Park Plaza-Suite 5170 Boston,Massachusetts 02116 Home Improvement Contractor Registration Registration: 173245 :__• :_= Type: LLC i.i-7 r'. M1°5."' -~ •, Expiration: 9/19/2014 Trk 231545 SOUTHERN NEW ENGLAND WINDQWSaL MATTHEW ESLER - 1137 PARK EAST DRIVE WOONSOCKET, RI 02895 = - Update Address and return card.Mark reason for change. Address ]Renewal Employment Lost Card nPS•CA1 A 501A04004G1,0(11216p OtGee�rCo1F4Q��f`R1if(It�X�$Ildi� License or registration valid for individul use only HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: •Registration: 173245 Type: Office of Consumer Affairs and Business Regulation Expiration: 8l19/2014 LLC za %SF 10 Park Plan-Suite 5170 Boston,MA 02116 ERN NEW.EN6Ll.NP WINDOWS LLC. RENEWAL BY ANDERSON ' MATTHEW ESLER s ?:_ 1137 PARK FAST WOONSOCKET,RI 02895 v ., Undersecretary Not valid without signature Client#:30124 SOUTNEW iACORD,.. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYM 10/02/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAOMNEACT Anita Little Willis of Massachusetts,Inc. n/c°No Et I:856 914-4600 FAX N,, 856-914--1881 100 Huntington Avenue E-MAIL ADDRESS: @wi anita.little//��,,,,Illis.com INSURER(S)AFFORDING COVERAGE NAIL 8 Boston,MA 02116 INSURER A:Argonaut Insurance Co. 19801 INSURED Southern New England Windows LLC INSURERS:Beacon Mutual Insurance Company 24017 D/B/A Renewal by Andersen INSURER C: 1137 Park East Drive INSURER D: Woonsocket,RI 02895 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSLTR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP I SR WVD POLICY NUMBER MM/DD MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY AAC�E T RENTED MI E3 Ea o IEI.ce $ CLAIMS-MADE OCCUR MED EXP(Any one pennon) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PR0 LOC $ AUTOMOBILE LIABILITY CO MBIND SINGLE LIMIT Ea accdent ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS ( ) NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accdent $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION AIC927698352394 8/21/2012 08/21/201 X WCSTATU- OTH- AND EMPLOYERS'LIABILITYTORY LIMIT B ANY OFFICEWMEMBER�EXCLUD D?ECLITNE� N/A 68028(RI) E.L.EACH ACCIDENT $1 OOO OOO (Mandatory in NH) E.L.DISEASE-EA EMPLOYEEI$1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS bell I E.L.DISEASE-POLICY LIMIT $1,000 000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Named insured is a Renewal By Andersen Dealer CERTIFICATE HOLDER CANCELLATION Southern NE LLC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1137 Park East Drive ACCORDANCE WITH THE POLICY PROVISIONS. Woonsocket,RI 02895 AUTHORIZED REPRESENTATIVE pmrk ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S212686/M212684 AXL N 05-49'50'E 160. 76 LOT 4 20, 250 SF. h o v 60.00 in EXISTING l0 n c FOUNDA TION tn 24.00 O= 14.00 8.0 14.00 5 135.00 S 07'46'05"W ABBEY GATE 'TO THE BEST OF MY KNOWLEDGE, THE PLOT PLAN OF LAND FOUNDATION SHOWN ON THIS PLAN IS AS L OCA TED IN IT ACTUALLY EXISTS AND CONFORMS TO CO T UI T-BA INNS TA BL E-MA SS. THE ZONING REGULATIONS IN THE BARNSTABLE, REGARDING YARD 5,A ,,. PREPARED FOR DATE:FEB.4, 1998 :' '�' c��,�,D P JOHN TAPANTINO U�• -_�i'G�.._� ;��R.Lv DA TE.•FEB.4, 1998 SCALE.' 1 "=30 FT. FLOOD ZONE NON-HAZA CAPE 6 ISLANDS ENGINEERING RD �:�?; ��--�,yt. 4 MA SHPEE — MA SS. Q _�-����' �S xi- .�.,9v:T�q.P"'i' ti... t i+•{y �'xt '"' �N�-Fr� h -v�.r�=t� X'tS���^y..�'. !b +✓�' .. +�a:vx�i,���n.a+� u�`'�t`R4si•"x`',J t 4 e,�'�,, �� :t��:"te��rw��` .i �- s � �jS �a4�s � "�� y4�-, � >�1.4. �.1...v,.. "tm f� .•:..it.,..=, �.:��. v^c''.."i-u�.�.A�, .���''��.-�;rt... _ _.4k'.,.T''.�..�,:.i 't -;°' _ .�?dt,�xc�ra�2� �l m9 ,1N.+� -0as+'�c' .L:.� o� _ t' .-®8�J � -•''t � r�t, � 1 -c�rt.R12S�14�—�ttU'it3A8ti3t�: C 1 }r ,<•.r. 3ou�217�`_tace 290 . :. 4�; .,. WE, PETER A -THOMPSON and DOROTHY F. DUNC'KLEE, Trustees of TKING'S v < GRANT TRUST under a Declaration of Trust dated Janus 19 1973' .� January t recorded with Barnstable Registry Deeds Book 1809 Pa e. 332 of j • ! Barnstable County,Massachusetts, t• r x; )bdxgrAct=a W,for theJud coneideratfon of NINE THOUSAND FORTY-FIVE and 00/100 paid. 7 `! # ($9,045.00) DOLLARS 0 ;� 9r=. jig, grant to ROBERT W. COLLINS and;MYRA L.: COLLINS, husband and wife as_Y. ,, k k tenants by..the entirety ,v� �p I .... i 4! of 41 Pine Street, Bedford, ,Middlesex County, Massachusetts t ' �i withtTttt2riaitttruttrttanlaefmsmax a certain -parcel of land located in Barnstabl , : F• rid Barnstable County, Massachusetts, bounded and described as follows: ' EASTERLY by Abbey Gate, One hundred forty-three and 00/100 i (143.00) feet; SJ� SOUTHERLY by Lot 4, One hundred thirty-nine and 13/100 - •!`�I� (139.13) feet;" WESTERLY by land now or formerly of Ackerman at al, One s hundred forty-three and 09/100 (143.09) feet; and NORTHERLY by Lot 2, One hundred forty-four and 33/100 II (144.33) feet. _ Containing an area of 20,265 square feet, more or less, and `- being LOT 3, as shown on plan of land of "Kings' Grant" dated Februar 1973, which plan is recorded in Barnstable County w Registry of Deeds Plan Book 271, Page 56. Together with a right of way over the ways as shown on said plan in common with all others lawfully entitled thereto for all `<- 3 purposes for which public ways are used in the Town of Barnstable rf z Said land is conveyed subject to Protective Covenants recorded in Barnstable County Registry of Deeds Book 1892, Pace 186. ' For our title see deed of Raymond D. Crawford to us recorded in Barnstable County Registry of Deeds Book 1871, Page 93. r NgWEEA`LTH Of MASSAfC,HUSETTT,S — 06-9, i Executed y a sealed instrument this ay o 19 7f A. _ N, RUSTEE Ar(Sa minanawaft#of MR." bmtrtta I � 19 yl ?'iI 'Ilan personally appeared the above named PETER A. THOMPeON T'IV TRUSTEE'S OF KINGt GRANT TRUST and acknowledged the foregoing Instrument to be ZAir free sot and deed,a— u i Cv 1 L L �•l .T. NI u N SO Notary Pubha My afrfmiuion expires Cc lB, awr2675 YAct 225 � -1 •�- 063ti�ti WE, DOROTHY F. DUNCKLEE and PETER A. THOMPSON, TRUSTEES OF KINGS GRANT TRUST under a Declaration of Trust dated January 19, 1973, recorded i Barnstable Deeds Book 1809, Page 332, of P.O. Box 324, Cotuit, Barnstable County,N(Lssachusetts, for the full consideration of SEVENTEEN THOUSAND FOUR HUNDRED and 00/100(17.400.001 DOLLARS *d grant to MARY M. SCOL LES 11 of 11 Robinson Street. Somerville. Middlesax County. Massachu,F:tts. pith quttrlatm rvwnamW the land in Cotnit. Barnstable County, Massachusetts, bounded and described as follows: ble ` y EASTERLY by Abbey Gate, ' One- hundred twenty five and 00/100 (125.00) feet; SOUTHERLY by a fifteen foot way and easement, two hundred eightI and 00/100(208.00) feet, more or less to a marsh; WESTERLY and ) by lard_shown as a Marsh, one hundred and 00/100. y'. NORTH19ESTERLY) (100.00) feet, more or less; t �„,• NORTHERLY by land of Jill W. Ackerman et al, one hundred fifte n " and 40/100(115.40) feet; and "c I Still NORTHERLY by Lot 4A, on plan recorded in Book 281, Page 82 of r 'T Barnstable Registry Plan Book for a distance of one hundred thirty six and 00/100(136.00) feet. Containing 23,000 square feet, more or less, and being shown as � w LOT 5 on a plan entitled "KINGS' GRANT", A subdivision of Land in Barnstable, Mass. Scale: 1"=100' , February 28, 1973, Ewald & Maschi,In . n Enviromental Planning & Engineering Consultation, Sandwich & Framing- _ ham, Massachusetts", said plan being recorded in Barnstable Deeds _. � Plan Book 271, Page 56. Together with a right of way over the ways as shown on said plan is = common with all others lawfully entitled thereto for all purposes for which public ways are used in the Town of Barnstable. ISaid land is conveyed subject to Protective Covenants recorded in Barnstable Deeds Book 1892, Page 186 and in Book 2315, Page 181. For title, see deed of Raymond D. Crawford to these Grantors, being L recorded Barnstable Registry Deeds Book 1871, Page 93, and said deed ! being dated June 1, 1973. I - ' y>. Executed as a sealed instrument this a day of Jiarch 19 78 Vt NGS—f TRUST k UU VI.iW LL �1RlJ�TLL 1Zr EI�k2'Z, THAME Or KINGS ..,i RUST ! _ I' ZII�r(8a�aatuatalily raf�assarfp�ti2ls Barnstable March a(/ 19 78 Then personally appeared the above named Dorothy F. Duncklee and Peter A.Thompso ., Trustees as aforesaid, and acknowledged the foregoing Instrument to be thel ree act and deed. L Notary!rblte i My commission expires 19 b I I RECORDED MAR 2 p 1978 ' i I 1 1117 Engineering Dept. (3rd floor) Map a� Parcel �' 4 Permi Z � UST EE House# DateNSTALLED IN COMPLIAK'CE Board of Health(3rd floor)(8:15 -9:30/1:00-4:30) Fee WI • Vt tl'.li i..a,• � Conservation Office(4th floor)(8:30- 9:30/1:00-2:00) yhv '06i.J � 1116' OdZ�+/� Planning Dept.(1st floor/School Admin. Bldg.) — �. r 4�— �(20 - Definitive Plan Approved by Planning Board > / 19 (�ED / BARNSTABLE. TOWN OF BAI(NSTABI LE J �fOM►K� Building Permit Application Project Street Address 3 P bb e W 6a- Village L u i . /y� Owner , 6 h n 1 Gt i cull l,c LQ� Address � Old 6' to 7 N I r, v-C d 0/lt�jDe e Telephone q 7`7 9-0 7 Permit Request ki-) 14o M 6- First Floor / O-D SS square feet Second Floor f y y o square feet Construction Type ne-0J Y-(O.m 0- Estimated Project Cost $ 4 ; 13-9 1 G((v Zoning District Flood Plain Water Protection Lot Size v10, dS0 S Grandfathered ❑Yes ❑No Dwelling Type: Single Family ©" Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House ❑Yes 21Go On Old King's Highway ❑Yes p Basement Type: ❑Full ❑Crawl U`I�Nalkout ❑Other Basement Finished Area(sq.ft.) D Basement Unfinished Area(sq.ft) Number of Baths: Full: Existing New Half: Existing New No.of Bedrooms: Existing New 3 Total Room Count(not including baths): Existing New First Floor Room Count Heat Type and Fuel: c�W dGas ❑Oil ❑Electric ❑Other Central Air ❑Yes dNo Fireplaces: Existing New i Existing wood/coal stove ❑Yes [q10 Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size) 17A Attached(size) all - ❑Barn(size) ❑None ❑Shed(size) ❑Other(size) Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes If yes, site plan review# Current Use Proposed Use Builder Information Name �UK 1 G'��Gl C�t�� f(.1 L' �7D/1 r�. ,jJl(- Telephone Number 7— LDS 9 q Address d. &X -7 License# U j Mc6h pp p, fr�)4 C),j bqq Home Improvement Contractor# Worker's Compensation# W C, 'S 10 S I g NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO Removed sk(4 CnV% c v -+*1 ; e/ L0 SIGNATURE DATE_ ab-2 9 J BUILDING71 P MIT DEN! FOR THE FOLLOWING REASON(S) FOR OFFICIAL USE ONLY . PERMIT NO. DATE ISSUED - MAP/PARCEL NO. - ADDRESS VILLAGE ' OWNER " DATE OF INSPECTION: FOUNDATION FRAME f. INSULATION ell" 7 rA FIREPLACEj ` ELECTRICAL: ROUGH FINAL PLUMBING ROUGH FINAL w fi " ' GAS� ROUGH FINAL' FINQL t? ,,i 'BUILDING DATE CLOSED OUT -- ASSOCIATION PLAN NO. y I I � it , - a• _i i .� rS �` -�� lily �II'IIII ii� j! � �� p i 1;:-iii.lit; id:i:~ ; a , r; 44�wf,l I � - �r� �� ly_� ! i iI• � '1 AgRTCO LA-:cAT`dMUGTI ON -------- - M a 1 r r 1 r�.o•._r.. �1. i I p I ���. • DDI , I •� I ae .•.O �S�.� t�e �. lea ro::tr1 ..4• i �.4� ~_ I D ' � I• I N ! O q. '. e fV • I Ty I I ! j i l . .. ` � -':Ts\• .. Tom\ I )] a C. is, O I 7 M 0 3 f I .o I � I ° � !0 it I f 7 L•J ': 'i a aea �^ o k 1 e : o•a ° :no•s If� e •ee I �.oc. , r I I o 1 i AA9 I. IT i 2.0. -+` y g z y 6' t • .I � I i ? I ga I: F9 . r I II II n II ti - I 1 tiGRICAI�—_.CANST.RUGTpry ?>• ,p c J� TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY ARCEL ID 022 112 GEOBASE ID 1126 DDRESS 53 ABBEY GATE :PHONE COTUIT ZIP - i'LOT - 4 BLOCK ,LOT SIZE DEVELOPMENT , DISTRICT CT PERMIT 32857 ' DESCRIPTION SINGLE FAMILY DWELLING (PMT.027909) PERMIT TYPE BCOO. TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS A. Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: BOND .00 CONSTRUCTION ,COSTS $.00 �T Qi► . 756 'CERTIFICATE OF OCCUPANCY HARN3TABLE, + BUILD G IVIS ,OBY DATE ISSUED 08/21/1998 EXPIRATION DATE • ��y � --- - - ... : ____^�--• -rs�- _ _� .: _- .. ,...;ram_�---'--a- - �I TOWN OF - �, BUILDING °P.SRM� PARCEL ID 022 112 GEOBASE IIb 1126 ADDRESS 53 ABBEY GATE _ PHONE COTUIT k• - ZIP - LOT 4 BLOCK LOT SIZE r- DBA DEVELOPMENT DJSTRICT CT PERMIT 27909 DESCRIPTION SINGLE FAMILY HOME SEPTIC NO 97-716 PERMIT TYPE BUILD TITLE NEW RESIDENTIAL BLDG PMT CONTRACTORS: AGRICOLA, JOHN Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES;. $43.7.38 1 �INE BOND $101.00 i CONSTRUCTION COSTS $134,640.00 + 101 SINGLE FAM HOME DETACftgli 1 PRIVATE P':* * BARNSPABLE. +*' MASS. 039. BUILDIN' IVI I©ram, DATE ISSUED 12/22/1997 EXPIRATION ,.DAB, THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- t CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. i MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND M FOR (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. CH- 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS y, 2 2 2 n yM(�Vt (t�— G�. OQ-• n_310cv, 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2%-1 8-cjg _ / BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. 2 c NOTED ABOVE. TION. r0 V�O 1 �. � - R x r a 11/07/1997 14: 04 5087756029 JQTRJMQAW PAGE 02 JOIN W. KENNEY ATTORNEY AT LAW 12 CENTER PLACE 1550 ROUTE 28 CIBNTERVILLE.MASSACI+USETTS 02632 TELFPHONS 771.9300 FAX NO.778.6024 AREA COOK 908 I November 4, 1997 Mr. Ralph N. Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Request For Determination of Buildability of Undersized Lot Locus: -Lot 4A, Plan Book 281, Page 82 )­ 3 Abbey Gate, Cotuit, MA Parcel ID: Map R022, Parcel 112 Land Area: .47 acres Dear Mr. Crossen: I am writing to request a determination from you that for zoning purposes , the above-referenced lot is a "non-conforming lot" exempted from the current minimum lot size provisions of the Barnstable Zoning ordinance. The facts regarding the lot are as follows: 1 . The lot was established on a plan of land dated February 7 , 1974 . The plan is recorded at the Barnstable County Registry of Deeds in Plan Book 281, Page 82 . Locus is shown as Lot 4A on said plan. The subject locus has .47 acres and one hundred thirty-five ( 135) feet of frontage on an approved way (a copy of the plan is enclosed for your records) . 2 . Lot 3 on plan at Plan Book 281, Page 82 was conveyed to ownership separate from the subject Lot 4A on May 2 , 1975 by a deed from Peter. A. Thompson and Dorothy F. Duncklee, Trustees of King's Grant Trust to Robert W. Collins and Myra L. Collins recorded in Book 2178, Page 290. A copy of this deed is attached for your reference. Since May 2 , 1975, Lot 3 has remained in ownership separate from the subject Lot 4A. 3 . Lot 5 on the plan at Plan Book 281, Page 82 was conveyed to ownership separate from the subject Lot 4A on March 20, 1978 be a deed from Peter A. Thompson and Dorothy F. Duncklee, Trustees of Ring's Grant Trust to Mary M. Scolles recorded in Book 2675 , Page 225 . A copy of this deed is attached for your reference. Since March 20, 1978, Lot 5 has remained in ownership separate from the subject Lot 4A. f 07/1997 14: 04 5087756029 JQTRJMQAW r:Aut A. Mr. Ralph N. Crossen Building Commissioner November 4 , 1997 Page 2 4 . The only other abutting parcel, shown as the Jill W. Ackerman Childs et al lot on plan at Plan Book 281, Page 82 has been held in ownership separate from the subject Lot 4A since Lot 4A was created. Copies of deeds to the "Ackerman Lot" are attached for your reference. 5 . Therefore, Lot 4A has been held in ownership separate from adjoining lots since March 20 , 1978 . Lot 4A gained this status within the plan protection period provided by M.G.L. Chapter 40A, Section 6. 6 . On January 5 , 1981, Lot 4A was conveyed by Peter A. Thompson and Dorothy F. Duncklee, Trustees of King's Grant Trust to the current owner, Bruce Cameron and Jacqueline D. Cameron by a deed recorded in Book 3220, Page 252 . A copy of this deed is attached for your reference. This transfer also took place during the plan protection period. 7 . Lot 4A was released from the Planning Board Covenant recorded in Book 1871, Page 74 by a release dated August 8 , 1974 recorded in Book 2089, Page 87 . A copy of the release is attached for your reference. 8 . On March 29 , 1973 by Article 159 of the Town Meeting of the Town of Barnstable, the minimum lot size for the subject area was increased to 43,560 square feet. Based 'on the foregoing it is my opinion that under Section 4- 4 . 2 (4 ) of the Town of Barnstable Zoning Ordinance this lot was lawfully laid out on a plan under the Subdivision Control Law which complied at the time of recording with the minimum area, frontage, width, and depth requirements of the zoning by-law in effect at that time. The lot was sold into separate ownership and control from any adjoining lots within the plan protection period. The lot has a recorded release from covenant. Therefore, it is my opinion that this lot is "grandfathered" and may be built upon for residential purposes because the lot conforms with Section 4-4 . 2 ( 4 ) of the Zoning Ordinance. Please inform me by signing a copy of this letter and mailing it back to me as to whether or not in your opinion this lot may be built upon for residential purposes. Thank you for your attention. VWhnW. 1//y ''yours j �J Kenn JWK/wwl Enclosure cc : Bruce Cameron and Jacqueline D. Cameron r . Mr. Ralph 14. Crossen Building Commissioner November 4 , 1997 Page 3 I agree that as of the date of this letter Lot 4A on plan recorded in Plan Book 281, Page 82 located on 53 Abbey Gate, in Cotuit, MA, is, for zoning purposes a buildable lot. _ CONTINUE FROM PREU I_OU_S_PAGE 001 _ Cotuit, MA, is, for zoning purposes a buildable lot. Ralph N. Crossen, Building Commissioner, Town of Barnstable FINISH GRADE FINISH GRADE'OVER SEPTIC TANK .: a•o: o°a;vo 7j;,12" n..o6 „ 70.is e C.I. OR PVC TEES cs 90 v.�Q. "rn s✓. �✓cr q. a qro�•: � e D: 15'00 '.;e a:; �°� -BSMT FL. "o'°:o:,o ,/h i v GALLON •y, •o•a : s e''o•j;o ' PPECA S T CONCRETE H- 10 REINFORCED o ae �4.•ep:na.d,:o.L'p^G'o�p;:bd.:vAa•4�"' v .o'o• ° . �/qrS/� i .o.•s.•o.o.,o. .br. D..o::•. ..�.0•�'rkoPc.:y'.�".c�rt0. I SEPTIC TANK INSTALL ON LEVEL BASE f. 1. ALL EL 2. ALL P14 q OR SCH 3. THE BO o WHENS N Cl TO BAC \ 4. ANY CHA BY THE JJ' �. SURVEYI 5. MA TERIA N 05-49'50•E .....--,_-- COMPLIA CODE - L 160.76 RULES A - 6. NORTH A IS NOT 7. FLOOD h / B. WA TER S I LEG, /foc G9 1 � I of "I I / -1- d ' C ..v. S 07'46'0S'7 .. ABBEY-GA TE C C. E/, -7 PLOT PLAN SCALE.' I'-' •+�"' T/rr Cunnrrunl+•crrltlr of:)tussuchusctts Depurt"'C"t of Industrial Accidents '; ;.'-�► Office ofltryeSV921lons V, .... _6 608 11 a.vNit,Julr Sircct Bttstnrr. Alas. (12111 Work-en' Compensation Insurance AMdavit Al�Plicint informatinn Picnne OR TNT, iiv — L Inc inn Iq P4006(rn Pa111-4 �d cit, 1 r)C)h w Pr q nhnnre I am a homeowner performing all wort: myself. I am a sole proprietor and have no one working in any capacity am an empinver providing workers' compensation for my employees working on this joo. cnoro in, n imc CLQr )C0)QL construe hon Co, 1 n c /LI nhnnr0. incnrnncr rn. wo r c-Q-s 1XA a05L•tJ GI.V lJU r Halle,•t! I am a sole proprietor. general contractor, or homeowner(circle vrte) and have hired the contractors listed beio« r e the ,ollowin^_ %vori<ers. compensation polices: cnmmiriv nntnr- 'ftirlrr«• Clt•.. nhnor a' in<nrnnrr rn nnlic� _ �.� �..`... __ � :rya:.-�-a�:T••r�•..�1:. .. .�•►_ .s.�._.. rmmn nv njrnt•- :,tirlrr<c• tin•• nhnnc i�• _ Holier tl incrtr-arc rn Attach additionai sheet if nece3]ary t• ._.., mod.' Y�. _�� �eir ='..,,...__.•.:.. «r.... �....�.v: y�e•� w. :�. F:t,rurc tti,ccurr cit,cr st a:ts required under-,icction_SA of NIGL in can Iead to the imposition of ertmtnal penalties of a line up to S1.!00.UU anurur une +ears• imprisonment as %%ell as civil penalties in the form of a STOP AVORK ORDER and a fine of SI00.00 a day against me. 1 understand that Cop) of thi.st:ttcmcat ma, be fur„•ardcd to the orrice of Investigations of the D1A for coverare verification. 1 do hercnr ccrri(i•ruin the pains mild penalties of erjun•that the information provided above is true attd correct. �i=^atur� Datc Print c d Phone official use unh' do not write in this area to be completed by city or town otrciai ' E`I E cin•or to„n• rertnit/licensc>;: rtl3uiWin>:Department Clt.rcensinc !Board C Sclectmen'S Uf6cc Chccic if iminediatc respunsc is required t.. is [_'tttealth Department phone o: cant:cr nercon: information and Instructions Massachusetts General Laws chapter 152-section 25 requires all employers workers' to proyide co"'Pens:trial etnnioyees. As quoted tom the "ta��". an ejytpfi ref is dcfrncd as every,person in the service of ancither under;:: contract of hire. express or implied. oral or-twitten. An enip/nrcr is dcf-mcd as an individual. partnership. association. corporation or other legal entity. or any ttvu or the Foregoing enunued in a joint enterprise. and including the le-pi representatives of a deceased employer. or at. receiver or tntstee of an individual . pannership. association-or other legal entity. employing employees. Ho«e•. Owner of a dwelling, house lhayin_ not more than tlhree-apartments and who resides therein. or the occupant of:he dwellin- house of another who employs persons to do maintenance , construction or repair wort: on such diveilit:: or oft the _rounds or building appurtenant thereto shall not because of such employment be deemed to be an etr.p: MGL chapter 152 section _5 also states that every state or local licensing agency shall withhold the issuance o :ctiV:rl of a license or !hermit to operate a business or to construct buildings in tlu communivealth Car:rn1- ic:utt who leas not produced acceptable evidence of compliance with the insurance coverage required. neither tite commonwealth nor any of its political subdivisions shall enter into any contract for the pert6rmz::ce of public work until acceptable evidence of compliance with the insurance requirements of this cl:--=: bee:: pre=ned to tlhe contracting authority. Applicants Plcese ill in the workers' compensation affidavit completely, by checking the box that applies to your situation c: succivinu cotnpany names. address and phone numbers as all affidavits tnay be submitted to the Departme^t of Industrial .-\ccidents For confirmation of insurance covera_e. Also be sure to sign and date the affidavit. The "%,it should be returned to tlhe cin, or town that the application for the permit or license is being requester. :lie Dcrc;tthie::t of�Industrial accidents. Should you have any questions regarding the "law or if you arerl .O ObIZ111 a workers' compensation policy. pie--se call the Department at the number listed below. City ur wi—ns Pie_�-n- �e ;urc that the affidavit is complete and printed legibly. The Department has provided a space at the bot:c,. .; (lie ::�`dz •it for you to fail out in the event the Office of Investigations has to contact you regarding the applicant. F be _ : to fill in the permit/license number which will be used as a reference number. The affidavits may be tour; 'ne DL;oartnhent by mail or FAX unless other arrangements have been made. The Dftice of Im esti_ations would like to thank you in advance for you cooperation and should you have any quest piease do not hesitate to _iye us a c:11. The Depa.runent:s address. telephone and fax number- The Commonwealth Of Massachusetts Department of Industrial Accidents -• Other. :31 Investigations - - 600 Washington Street Boston, Ma. 02III fax R: (6I 7) 727-7749 nitunc =. :6i��� --�900 c�:r. 406. -'.0° or _ . - --�;"-- avi✓� �anvrnaruue.��a�✓�oac�ivaetla✓- y OEP'ARTMENT OF PUBLIC SAFETY CONS:TRUC:T=ION-SUPERVISOR LICENSE 1. i 66er � Expires: ± Res1r c ed'1:0; 00 JOHN P AGRICOLA PO BOX 765 1 MASHPEE, MA 02649 r y t+ aJ a� I � ✓�IOMJVI)[09WM,Q((q � E IMPROVEMENT CONTRACTORS oReg 'strationt 110033 A' y`�' t • TYPe DBA � y {� Ezpiratio.n : .10/02/98 '�' f" { AG ICOL9,C0 ` a n r.; N.S RUCTION CO JOHN P GR Cp M%5, IN., g nDMi JISTRnroa MASHPEE.MA 02649 1 JOHN W. KENNEY ATTORNEY AT LAW 12 CENTER PLACE 1 SSO ROUTE 28 CENTERVILLE,MASSACHUSETTS 02632 TELEPHONE 771-9300 FAX NO.77S-6029 AREA CODE SOB November 4, 1997 "0 WAJ OFe Building V60 Ralph Commissioner N. Crossen �U��011Fp�4, Town of Barnstable O /Vol/ r 367 Main Street 6 a Hyannis, MA 02601 � c R RE: Request For Determination of Buildability of v Undersized Lot Locus: Lot 4A, Plan Book 281, Page 82 53 Abbey Gate, Cotuit, MA Parcel ID: Map R022, Parcel 112 Land Area: .47 acres Dear Mr. Crossen: I am writing to request a determination from you that for zoning purposes, the above-referenced lot is a "non-conforming lot" exempted from the current minimum lot size provisions of the Barnstable Zoning ordinance. The facts regarding the lot are as follows: 1. The lot was established on a plan of land dated February 7, 1974 . The plan is recorded at the Barnstable County Registry of Deeds in Plan Book 281, Page 82 . Locus is shown as Lot 4A on said plan. The subject locus has .47 acres and one hundred thirty-five ( 135) feet of frontage on an approved way (a copy of the plan is enclosed for your records) . 2. Lot 3 on plan at Plan Book 281, Page 82 was conveyed to ownership separate from the subject Lot 4A on May 2, 1975 by a deed from Peter A. Thompson and Dorothy F. Duncklee, Trustees of King's Grant Trust to Robert W. Collins and Myra L. Collins recorded in Book 2178, Page 290. A copy of this deed is attached for your reference. Since May 2, 1975, Lot 3 has remained in ownership separate from the subject Lot 4A. 3. Lot 5 on the plan at Plan Book 281, Page 82 was conveyed to ownership separate from the subject Lot 4A on March 20, 1978 be a deed from Peter A. Thompson and Dorothy F. Duncklee, Trustees of King's Grant Trust to Mary M. Scolles recorded in Book 2675, Page 225. A copy of this deed is attached for your reference. Since March 20, 1978, Lot 5 has remained in ownership separate from the subject Lot 4A. IMr. Ralph N. Crossen Building Commissioner November 4, 1997 Page 2 4 . The only other abutting parcel, shown as the Jill W. Ackerman Childs et al lot on plan at Plan Book 281, Page 82 has been held in ownership separate from the subject Lot 4A since Lot 4A was created. Copies of deeds to the "Ackerman Lot" are attached for your reference. 5. Therefore, Lot 4A has been held in ownership separate from adjoining lots since March 20, 1978. Lot 4A gained this status within the plan protection period provided by M.G.L. Chapter 40A, Section 6. 6. On January 5, 1981, Lot 4A was conveyed by Peter A. Thompson and Dorothy F. Duncklee, Trustees of King's Grant Trust to the current owner, Bruce Cameron and Jacqueline D. Cameron by a deed recorded in Book 3220, Page 252 . A copy of this deed is attached for your reference. This transfer also took place during the plan protection period. 7 . Lot 4A was released from the Planning Board Covenant recorded in Book 1871, Page 74 by a release dated August 8, 1974 recorded in Book 2089, Page 87 . A copy of the release is attached for your reference. 8. On March 29, 1973 by Article 159 of the Town Meeting of the Town of Barnstable, the minimum lot size for the subject area was increased to 43,560 square feet. Based on the foregoing it is my opinion that under Section 4- 4 .2 (4) of the Town of Barnstable Zoning Ordinance this lot was lawfully laid out on a plan under the Subdivision Control Law which complied at the time of recording with the minimum area, frontage, width, and depth requirements of the zoning by-law in effect at that time. The lot was sold into separate ownership and control from any adjoining lots within the plan protection period.. The lot has a recorded release from covenant. Therefore, it is my opinion that this lot is "grandfathered" and may be built upon for residential purposes because the lot conforms with Section 4-4 .2 (4 ) of the Zoning Ordinance. Please inform me by signing a copy of this letter and mailing it back to me as to whether or not in your opinion this lot may be built upon for residential purposes. Thank you for your attention. Very ly yours, Very W. Kenn y JWK/wwl Enclosure cc: Bruce Cameron and Jacqueline D. Cameron i Mr. Ralph N. Crossen Building Commissioner November 4, 1997 Page 3 I agree that as of the date of this letter Lot 4A on plan recorded in Plan Book 281, Page 82 located on 53 Abbey Gate, in Cotuit, MA, is, for zoning purposes, a buildable ot. R 1ph N. Crossen, Building Commissioner, Town of Barnstable �t.:. A ' If•' sue,,,. - r E?:O9 02-0138 94-0y-27 1 :10 *S737S . r, 1994 NORTHEAST LAND AUCTION is w; Massachusetts Release Deed • !` The undersigned, Federal Deposit Insurance Corporation as , Receiver of New Bank of New England, N.A. (herein called "Grantor") , for and in consideration of the sum of Twenty Thousand ` „ems and 00/100ths Dollars ($20,000.00) and other good and valuable consideration in hand paid to Grantor, the receipt and sufficiency ';i: of which is hereby acknowledged, by these presents does hereby 5?_ GRANT, SELL and CONVEY unto Katherine S.- Thomas (herein called "Grantee") , whose mailing address is " P.O. Box 74, Cotuit; ,' == 'i Massachusetts, 02365-0074 : " —� (i) that-CErtain tract or parcel of land- situated in �) Cotuit, Massachusetts, described in Exhibit "A" attached hereto and incorporated herein for all purposes, together with all rights and w = `" appurtenances pertaining thereto, including, but `+."' not limited to, any right, title and interest of :I Grantor in and to adjacent streets, alleys or - '`� rights-of-way the "Land") , and all buildings and other improvements situated on _ . n the Land, together with all fixtures and other y' VI property attached thereto (hereinafter collectively ` LWi1 F: called the "Improvements") (all of the foregoing Land and Improvements being hereinafter W, together called the "Subject Property") , subject to general real ' estate taxes on the Subject Property for the current year and v subsequent assessments for prior years due to change in land usage or ownership, zoning laws, regulations and ordinances of municipal 9 other and governmental authorities if an 1 �'�• y, affecting the Subject Property and a]:1 matters of record including but not limited to those matters set forth on Exhibit "B" attached hereto and made a part hereof by reference (all of the foregoing hereinafter called the "Permitted Encumbrances") . TO HAVE AND TO HOLD the Subject Property together with all and «`. singular the J rights and appurtenances ,thereto belonging, unto the r;�ss e Grantee. The Grantor makes no covenants of title. � " w The conveyance is made upon the following terms and 'a-�?'' conditions: �`•" (A) For purposes of this Deed, the following terms shall have Sri•<-ao,: the definitions indicated: °.w..: ` S 1994 NOklI(FAST IANU AUCTION ..?y DOW INIMX N.LOT N 703 i.`J�;Cr ` k1WISI!II:April 20,1994 ,'P•, Y•. 1'" i��iil"• � . NNN••I .jY ti 5�^.t�•'t BP:09382-0137 94-09-27 1 :10 K7375 (1) "Environmental Law" shall mean any federal, state or local laws, ordinances, permits or regulations, or any common f � law, regarding health, safety, radioactive materials, or the environment, including, but not limited to, the following federal statutes: Clean Air Act (42 U.S.C. §57401 et sea.) ("CAA") , Clean Water Act (33 U.S.C. §§1251 et seq.) ("CWA") , Resource Conservation and Recovery Act (42 U.S.C. §56901 et r sect. ("RCRA") , Comprehensive Environmental Response, compensation, and Liability Act (42 U.S.C. §§9601 et seq.) ("CERCLA") , Emergency Planning and Community Right-to-Know Act (42 U.S.C. 5511001 et sect.) ("EPCRA") , Safe Drinking Water Act (42 U.S.C. §§300f et se .) ("SDWA") , Toxic Substances Control Act (15 U.S.C. 552601 et sect.) ("TSCA") , Endangered Species {: Act of 1973 (16 U.S.C. §§1531 et seq.) ("ESA") , Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. SS136 et ' se "FIFRA") , and the Occupational Safety and Health Act = (29 U.S.C. §§651 gt sect.) ("OSHA") , each as amended, and any regulations promulgated thereunder, guidances and directives - issued with respect thereto, or policies adopted by authority thereunder. (2) "Release" shall mean the discharge, disposal, deposit, injection, dumping, spilling, leaking, leaching, L_ placing, presence, pumping, - pouring, emitting, emptying, escaping or other release of any Hazardous Material. a (3) "Hazardous Material" shall mean: (a) any [.. ' radioactive materials; (b) any substance or material the transportation, storage, treatment, handling, use, removal or Release of which is subject to any Environmental Law; or (c) of conduct are any substance or material for which standards ° imposed under any Environmental Law. Without limiting the =L �"• generality of the foregoing, Hazardous Materials" shall _ e include: asbestos and asbestos-containing materials (whether or not , friable) ; urea-formaldehyde in any of its forms; ?� polychlorinated biphenyls; oil; used oil; petroleum products .L. and their by-products; lead based paint; radon; and any substances defined as "hazardous waste", "hazardous 1 substances", "pollutants or contaminants", "toxic substances", 1•,'`< "hazardous chemicals", "hazardous air pollutants", or "toxic s. chemicals" under .the CAA,/ CWA, RCRA, CERCLA, EPCRA, SDWA, A TSCA, or OSHA. ' (4) "Environmental Matter" shall mean any of the _ following: (a) the Release of any Hazardous Material on or at the Subject Property or any other property; (b) the migration of any Hazardous Material onto or from the Subject Property; (c) the environmental, health or safety aspects of the { transportation, storage, treatment, handling, use or Release, whether any of the foregoing occurs on or off the Subject r y t' 1994 NORTHEAST LAND AUCTION fir . " 1)[0) . jS RP.WSpA:April 20.1994 tip._.. 8P:093E12-0138 94-09-27 1 :10 #c* ' i4. <fx:' ;; Property, of Hazardous Materials in connection with the or operations o P past operations of the Subject Property; (d) the fs::l violation, or alleged violation with respect to the Subject Property, of any Environmental Law, order, permit or license ' j of or from any governmental authority, t �. y, agency or court :;:+! relating to environmental, health or safety matters; (e) the :•;-w presence of any underground storage tanks within the confines of the Subject Property; (f) the presence of wetlands within the confines of the Land; (g) the presence of any endangered species on, in or around the Land; (h) the characterization of the Subject Property as historical in nature in any way; or (i) soil, groundwater and surface conditions on,' in or around ^" ' ':• ' the Subject Property which may have an adverse affect upon the use or value of the Subject Property. (5) "Released Parties" shall mean, collectively, all of the following (to the extent applicable) : (a) The Federal Deposit Insurance Corporation ("FDIC") in any and all of its various capacities; �; I+ including as Receiver or Liquidating Agent of a financial X`1 institution. (b:) Grantor and all of the directors, officers, employees, agents, contractors, representatives, q , i+� successors and assigns of Grantor and of each of the fn ;.I ",.I-+l:I parties referenced above in this Paragraph (A) (5) . n. (B) Grantee acknowledges that Grantor has acquired the Subject �+:;•..I��i' '•;;-1i;; Property due solely to the failure of a financial ' +I institution for which Grantor has the responsibility for 'R liquidation, and consequently has little or no knowledge of the r'''I�'' condition of the Subject Property and the surrounding areas. T ACCORDINGLY, GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTEE IS PURCHASING THE SUBJECT PROPERTY "AS-IS", "WHERE-IS", AND "WITH ALL FAULTS", GRANTEE ACCEPTS THE SUBJECT PROPERTY "AS-IS", "WHERE-IS" AND "WITH ALL FAULTS," AND GRANTEE FURTHER ACKNOWLEDGES AND AGREES , THAT GRANTOR HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES CONCERNING THE CONDITION OF THE SUBJECT PROPERTY AND ANY _ � V PORTIONS THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED a < WARRANTIES OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A !si ` PARTICULAR PURPOSE. (C) Grantee acknowledges and agrees that Grantee has not `s ` relied upon any representations or warranties (oral or written) made by or purportedly on behalf of Grantor unless expressly set ;r .,. ; ::• forth herein, and has not relied upon any documents or other ' ' information (oral or written supplied b or purportedly° .;.: ) PP Y pur ortedl on behalf of Grantor. a. . ..:.r GRANTEE UNDERSTANDS AND AGREES THAT ANY DOCUMENTS OR f=' ''"•j.` 1994 NORTHRAST LAND AUC-nON rf DUD )..?- IN V U:I•LOT 0 363 •r� R6VLSDD:April 20,1991 ra=; E,F:0993&M1,9 94-09-27 1 :10 1 S,7979 - INFORMATION PROVIDED TO GRANTEE BY GRANTOR OR ON GRANTOR'S BEHALF HAVE BEEN OBTAINED FROM A VARIETY OF SOURCES, HAVE NOT BEEN INDEPENDENTLY INVESTIGATED OR VERIFIED BY GRANTOR, AND +. ARE NOT TO BE RELIED UPON BY GRANTEE IN PURCHASING THE SUBJECT PROPERTY. GRANTOR MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, CONCERNING THE TRUTH, ACCURACY AND COMPLETENESS OF ANY DOCUMENTS OR INFORMATION INCLUDING, WITHOUT LIMITATION, ANY AUCTION BROCHURE OR CATALOG, SUPPLIED TO GRANTEE BY GRANTOR OR ANYONE ACTING OR PURPORTING TO ACT ON GRANTOR'S BEHALF. (Z) GRANTEE AGREES THAT IT HAS INVESTIGATED THE SUBJECT ?` PROPERTY AND IS SATISFIED WITH ITS CONDITION, AND HAS INDEPENDENTLY VERIFIED ANY INFORMATION PROVIDED BY GRANTOR, OR IF GRANTEE HAS FAILED TO SO INVESTIGATE THE SUBJECT PROPERTY i? AND/OR HAS FAILED OR BEEN UNABLE TO INDEPENDENTLY VERIFY ANY Z21 ' .y OF THE INFORMATION PROVIDED BY GRANTOR, GRANTEE AGREES THAT ITS FAILURE TO INVESTIGATE AND/OR VERIFY INFORMATION IS AT ITS " -� -:•. OWN RISK AND I8 IT9 OWN DECISION FOR WHICH IT I8 SOLELY RESPONSIBLE. (D) GRANTOR MARES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING ANY MATTERS INVOLVING THE SUBJECT PROPERTY, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED HEREIN. WITHOUT LIMITING - THE GENERALITY OF THE FOREGOING, GRANTOR HEREBY AFFIRMATIVELY DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES - ,�� �,• CONCERNING ANY OF THE FOLLOWING MATTERS: H n" ' (1) EXCEPT AS EXPRESSLY SET FORTH HEREIN, ANY MATTERS AFFECTING TITLE TO THE SUBJECT PROPERTY; ,>l (2) THE COMPLIANCE OF THE SUBJECT PROPERTY OR ANY ' PORTION THEREOF WITH ANY AND ALL APPLICABLE FEDERAL, STATE AND � ' LOCAL LAWS, ORDINANCES, PERMITS, RULES, REGULATIONS OR REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL ; *, LAWS. , (3) THE SUITABILITY OR APPROPRIATENESS OF THE SUBJECT '.F:-,7 PROPERTY OR ANY PORTION THEREOF FOR FUTURE DEVELOPMENT OR RENOVATION, INCLUDING, WITHOUT LIMITATION, THE AREA, SIZE, CAPACITY, CASH FLOW, EXPENSES, DEVELOPABLE AREA, OR FOR THE CONDUCT OF ANY USES OR ACTIVITIES THAT GRANTEE MAY ELECT TO :» CONDUCT THEREON; (4) THE CONDITION OF THE SUBJECT PROPERTY OR ANY PORTION n T,. THEREOF INCLUDING WITHOUT LIMITATION, THE NATURE OR QUALITY OF CONSTRUCTION, DESIGN, OR ENGINEERING OF ANY IMPROVEMENTS; AND xr (5) THE PRESENCE OR ABSENCE OF ANY ENVIRONMENTAL 1994 NORTHEAST LAND A VCSON e OCCO ENDEX/,LOT 1363 RRVORD:April 20.1994 iv �N ,s 'd 3 J ~fib .�.1:' li RP 109332-0140 94-09-27 1 :10 4S737S . MATTERS. ?: (E) GRANTEE, FOR ITSELF AND ITS HEIRS, SUCCESSORS AND ASSIGNS AND ANYONE ELSE CLAIMING BY, THROUGH OR UNDER GRANTOR, HEREBY s' EXPRESSLY WAIVES THE CLAIMS AND CAUSES OF ACTION DESCRIBED BELOW IN THIS PARAGRAPH (E) AS AGAINST GRANTOR OR THE RELEASED PARTIES (WHETHER OR NOT SUCH CLAIMS OR CAUSES OF ACTION ARE KNOWN OR _ DISCOVERABLE AS OF THE DATE HEREOF) AND EXPRESSLY RELEASES GRANTOR AND ALL RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM ANY AND ALL LIABILITY BASED IN WHOLE OR IN PART UPON ANY SUCH CLAIMS OR CAUSES ' 'f OF ACTION: (1) CLAIMS OR CAUSES OF ACTION BASED UPON ANY OF THE MATTERS DESCRIBED IN PARAGRAPH (B) , SUBPARAGRAPHS (1) AND (2) _ rs OF PARAGRAPH (C) OR SUBPARAGRAPHS (1) THROUGH (5) OF PARAGRAPH -N L: (D) ABOVE; AND (2) CLAIMS OR CAUSES OF ACTION BASED UPON ANY ACTUAL OR - . ALLEGED FAILURE BY GRANTOR TO SATI6FY A DUTY TO DISCLOSE ;'. INFORMATION TO GRANTEE CONCERNING THE SUBJECT PROPERTY, , INCLUDING, BUT NOT LIMITED TO, INFORMATION CONCERNING THE PRESENCE OF ANY PATENT OR LATENT DEFECTS, DEFICIENCIES IN OR t' t.F AFFECTING THE SUBJECT PROPERTY, OR THE PRESENCE OF ANY PATENT }' '•'''' OR LATENT ENVIRONMENTAL MATTERS. (3) CLAIMS OR CAUSES OF ACTION BASED UPON GRANTOR HAVING = .a. INACCURATELY STATED ANY INFORMATION CONCERNING THE SUBJECT ")t PROPERTY. i (F) Notwithstanding the parties' intent that the waiver and release provisions contained in Paragraph (E) above bar all claims and causes of action by Grantee and Grantee's heirs, successors and assigns and anyone else claiming by, through or under Grantee, - ' should a court of competent jurisdiction deem otherwise, Grantee ' agrees that the presence of the waiver and release provisions in 1 Paragraph (E) above should serve as the overwhelming, primary ' factor in any equitable apportionment of response costs under a' applicable federal, state or local laws, ordinances or regulations. (G) Grantee acknowledges and agrees that the waiver and release provisions contained in Paragraph (E) above are an essential component of the consideration for the sale of the ` z= Subject Property. 1994 NORTHFAST LUNU AUCTION z IN U M 1.LOT 1363 RCVISCU:APIU 20,1994 2.5' 9�1.::. ill:: t3i',I• � .9. 1 t. Bp-0930421-0141 94-09 2? 1 :10 ;S73'(s EXECUTED this 27 day of 19jy-. g, RECOIL Management Corporation as attorney- :; in-fact for the Federal Deposit Insurance Corporation as Receiver of New Bank of New England, N.A. By: Name' -0.,. (1 t t? 1 nin Title: U. v ✓ 'r !Catherine S. Thomas ACXNOWLEDGEMENT N;•^:s COMMONWEALTH OF MASSACHUSETTS z' County of Suffolk, ss. )) d ( 1994 Then appeared before me�x.ir�•ctuc1 a �° l`✓ Vice President of RECOLL Management Corporation, and acknowledged that he\she executed the foregoing instrument as his\her free act and deed and as the free act and deed of said Corporation. Notary Pu My Commission "eCri L 1 ••'. - y_r ACKNOWLEDGEMENT YI ' COMMONWEALTH OF MAS CHUSETTSs d7 1994 County of Then appeared before me .Katherine S. Thomas and acknow.l �lg¢d;• �:'' ` + that she executed the foregoing instrument , as her free :d � nd deed. !. rt=• Notary Pub— my Commission expi '$a ly��/9 1994 NORTHEAST LAND AUCTION _ DEED - ..,-�� INDEX f,LOT 1363 REVISED;April 10.1994 ' j ter'. t. At BF=U9-3c-0142 94-09-27 1'10 g;r�7� 4.1 4 F.!!?c J: EXHIBIT ci Legal Description A portion of the land shown as "Pasture" on a plan entitled "Land >"':;: •_;;! of James E. Rothwell COtuit, Mass. , " Scale 1' inch = loo', November 20, 1916, and filed with the Barnstable Registry of Deeds in Plan Book 5, Page 5. �-' • The Property P y is subject along J t to the` right of Lee C. Hascall to fish •.1;�:.::' g said River as reserved in his deed to James E. Rothwell, duly •Lsr"�!i-; recorded. u1lSi'`f;'i '"it it•i i;�I': 1 C1i I —"— r- {`ail i % :S? 2 1994 NORTHEAST LAND AUCTION DEED ,c aP'.4 INDEX/:LOT 1363 i REVISED:April 20.1994 vii -. � 1 1. F i i 1 ltl #1�7�r5 BP:�I932 U14: 34-L'9 r EXHIBIT "B" {_ permitted Encumbrances A11 matters of record. A. 'vim J` . :.. _y' tots 1994 NORTHEAST AND AUCTION RBVI.9PD:Apri120,1941 y ( V 111 BARNSTABLE REGISTRY OF DEEDS r�Y R; 252 ' WE, DOROTHY F. DUNCKLEE and PETER A. THOMPSON, Trustees of RINGS GRANT t TRUST, under a Declaration of Trust, dated January 19, 1973,recorded 6, E.' I Barnstable Registry of Deeds in Book 1809, Page 332, ol : � Box 597 Sandwich, Barnstable ` County,\fas3achuactta02 63 for the full consideration of FIFTEEN THOUSAND FIVE HUNDRED and pdd 00/100(15,500.00) DOLLARS, 3;i RC 3 r. £3' grantto BRUCE CAMERON and JACQUELINE D. CAMERON, husband and wife as l; tenants by the entirety, both t -•t i of 4 Prospect Street, Natick, Middlesex County, Massachusetts , 1 tt,th qultrlatm rnarnantn the land in CptUit, Barnstable County, Massachusetts, .>? bounded and described as follows: ,' �` ... V EASTERLY by Abbey Gate, one hundred thirty-five and 00/100(135.00) feet as shown on plan hereinafter described; v` SOUTHERLY by Lot 5 as shown on plan, one hundred thirty-six and 00/1 0 `-y "��' ' ! (136.00) feet; WESTERLY by land now or formerly of Jill W. Ackerman, one hundred ! sixty and 76/100(160.76) feet as shown on said plan; an ( j err: r ; NORTHERLY by Lot 3 as shown o:z•said plan, one hundred thirty-eight ' ' I I and 98/100(138.98) feet. ;: ':;;•: I i Containing 2.0,250—square feet more or less and being shown as LOT 4A o. plan entitled "PL.VN OF LAND IN BARNSTABLE, MASS. Showing Revisions and If and Omissions oa Approved Subdivision "KINGS GP.ANT", Scale: 1"=100' , � A- .':.:; Fcb.7, 1974, Ewald Engineering Co. ,Sandwich & Framingham, Mass." said �vr;v;.•i, i plan being recorded Barnstable Deeds in Plan Book 281, Page 82. Together with a right of way over the ways as shown on said plan in '") '" ''' common with all others entitled thereto for all purposes for which'pub- "lie ways are used in the Town of Barnstable. r'H. {{- 1,�'� iri � ' ;: Said land is conveyed subject to Pr Y 7 Protective Covenants recorded in .r�.�4�• Barnstable Deeds Book 2315, Page 181, and in Book 1892, Page 186. For title, see deed of Ravmond D. Crawford to the said Kings Gran } recorded Barnstable Re g 9 t Trust Registry of Deeds Book 1871 Page 093, '•t .�� r 1fI �•I .. - �_f� ,t Imo. � ' ; M .r. lrll! i ' ..aA 1 it F ; � i - i =r'�r• {i VV: I _.d i l d - Execute as a scaled this f2�. . S day of anu/ary 19 81 .` +i pro y unc, ee; rustee zna ran ust� Peter. A. mhomn:on, T ustr_e Y.i.ngs Grant Trust stir (�ammonmraltb of�nnaarb�rtta `! S Barnstable ::. January 5 19 81 - Then personally appeared the above named Peter A. Thompson, Trustee as aforesaid ~ and acknowledgel.inc�h+ bin Hitt 9;M j1e ('tf` -��'�•' l 'Y• �'1 V: ,,^_i his ree act and deed, o.. J' i Cr. ��•�a. �C`'�•�l- Notary Public ...•*,,`ot" MYcommistionexpires { �!9 1� 1^ F. BOOK 087 p �, r ./ fA � I' 1 FORM G. s CERTIFICATE OF PERFORMANCE 1t (Covenant Approval Release) L" Barnstable, Mossachusetts,'.AU9t1St 19 74' t The undersigned,.being a majority of the.Planning Board of Barnstable, Massachusetts, hereby f certify that the requirements for work on the ground called for by the.Covenant dated May 31;•••••. (e e' and.recorded in .B.amtab1P_.................... District Deeds, Book ...1871...., Page 7A r (oi re istered on Certificate of Title No. P+f g ................... m Registration Book Pogo hove been completed to the satisfaction of the Planning Board as to the following enumerated lots shown on Plan entitled ...... .Ki.ng.'.S...Granx............: recorded with said Deeds, Plan Book .......... 54; Plan man �lan Book .280:.&281 ptawc..P.dg.p..1A••Rage.82 ' and said lots are hereby released from the restrictions as to sale,and building,specified'thereon. 5 r t Lots designated on said Plan as follows: ° t .....Lots...#.l..t)xrough..#129.And..Lats..1.44..through-49.1 .................................................... I , .....4A..13A..9A:1QA.:11A..1ZA..13A..18A..19A..58A..59A..8 6A �q ° :f culf')EILS Ot= SfVO PrKbPfriT jn.0/V D ,V L'Ck c.t....ANA ......................... .................................... ...... I T�ro1"12Son/ —rXkS7rES ...k V(,j ...�"' r7 �,usT :.........AA'W6ri-i"ed"A..'e'nf.... ?r Yli1M�lX% of the .................... ....... .... ... ................... Planning Board )• 1 of the Town f of C.. .. .n .. ...... ... Barnstable. jj .• in ... ,. COMMONWEALTH OF MASSACHUSETTS Barnstabl.�................ aa. .......August........ . ........:. .. 19.74.... ;k ( Then personally appeared ..JosEph..X....ReBrdon... one of the above named members of the Planning Board of the Town of Barnstable, Massachusetts and ockn wledged the foregoing instrument to be the free oLt and deed of said Planning Board, before me. Notary Public,. My commission expues: .. 0. i IE��POLD C zs 7a r a a `3 , i` r s_ Tay 2P:09382-0133 94-09-27 1:10 #S7373 72 5 :` DEED w NWE, Inc. , a Massachusetts corporation with an address c/o RECOLL Management Corporation, 245 Summer Street, Boston, Massachusetts 02210 (hereinafter, the "Grantor") , for consideration .: of One Dollar ($1.00) paid, hereby grants to the Federal Deposit Insurance Corporation as Receiver of New Bank of New England, N.A. , having an address c/o RECOLL Management Corporation, 245 Summer Street, Boston, Massachusetts 02210 (hereinafter, the "Grantee") ' WITH QUITCLAIM COVENANTS, that certain parcel of land located in Cotuit, Barnstable County, Massachusetts, and more particularly - described irr_Exhibit A attached hereto,, together with all easements and other rights appurtenant to said property, subject to all prior matters of record insofar as the same remain in full force and �- effect. The Grantor has been voluntarily dissolved as a corporation formed under the laws of the Commonwealth of Massachusetts by paction of the Grantee. The Grantee is the sole stockholder of the i 1�i-) Grantor. The conveyance effected by this deed is made to effect, as a matter of record, the distribution of the assets of the Grantor to the Grantee pursuant to said dissolution. IN WITNESS WHEREOF, the execution and corporate seal of said corporation this JUL day of July, 1994. n GRANTOR: , t NWE, Inc. a B C Y� U Tltle: �` Al 0 COMMONWEALTH OF MASSACHUSETTS V) County of Suffolk July All 1994 Before me appeared�iO, -l6£-UJ)ko 1 , a ZT a J of NWE, Inc. , and acknowledged that he/she executed the,.•fQrEgQing 0 instrument as his/her free act and deed and as the ;.�; deed of said corporation. �;• Not��ary Pu is 41 My Commission Expires:• y�. ell•' �' - 1 4 f;, � - @ .w§ r . ./§ : ,,y c BR:mm gm +-09-7 ! do RS 73 \ EXHIBIT A & portion of the land shown as "Pasture" on a Plan entitled "Land of James E. Rothwell, cotuit, Mass. , ,, Scale I inc = lool, November 20, 1916, an filed with the Barnstable Registry of. Deeds in Plan Boo 3, Pam S. / �T The Property is subject to the right of Lee C. Bascall to fish : along said River as reserved. in his deed to James E. t well, duly recorded.. . a �\ \ �� i \\ /} I i1 \ BARKS! #E REGISTRY Q DEEDS m OW \ j E \ , 2�§ t, IiocxMi wE 203_ • MORTOAGEE'S DEED 36269 i NEW BANK OF NEW ENGLAND, N.A. a corporation duly established under the laws of the United States of America and having Its _ I usual place of business at:28 State St., BOSTON as assignee to the Federal Deposit Insurance Corporation (F.D.I.C.), Receiver to Bank of New England, N.A., (Sea Certification pf F.D.I.C. dated 2/I3/91 flied with Suffolk County Registry or Deeds at Book 16726 Page 280 et sea.) j holder of a mortgage given by: JOHN C. STEPHENSON, TRUSTEE OF OLD KING'S REALTY ! TRUST U/D/T DATED NOVEMBER 20TH 1986 AND RECORDED BARNSTABLE COUNTY REGISTRY OF DEEDS BOOK 5413 PAGE 136 ` to:BANK OF NEW ENGLAND, N.A. s i dated: NOVEMBER 26, 1986 recorded: BARNSTABLE COUNTY DISTRICT OF THE ! LAND COURT AT BOOK 3433 PAGE 053 ;1. by virtue of the power conferred by said mortgage and every other power, In consideration of: _ $50,000.00 receipt of which Is acknowledged / I said amount being bid by:(AWE INC. hereby grant(s)to:NWE INC. whose address is:26 STATE ST.,BOSTON,MA the premises conveyed by said mortgage •,•, q; subject to taxes and municlpal obligations I WITNESSETH THE EXECUTION OF THIS INSTRUMENT BY SAID CORPORATION ON THIS DAY OF April 199 1 NEW BANK OF NEW ENGLAND, N.A. PHILLIP B.'PCLAUGHLIN ITS VICE PRESIDENT ffl(SEE VOTE OATED AND RECORDED st BOOK PAGE Ab OCCU"ENT• ON CERTIFICATE OF TITLE•' IIII COMMONWEALTH OF MASSACHUSETTS, suttolk 53. then personally appeared the above named:PHILLIP B.MCLAUGHLIN and acknowledged the foregoing to be given as the free act and deed of: j NEW BANK OF NEW ENGLAND, N,A. i t on this the 3 day of APRIL 1991 ,a .i. NOTARY PUBLIC D/E: V i II My COMMISSIOn Expires 9.14.95 PhIIIP L Godutl 2. 14 DE S FIX I t. 'R,� m -_-.�a:.-•—sssnzas,..;c.-is-a- _ •�:.:�b:.r�-m,.. � �� n:_y+c'.5rrdl's'!F@YSrTEY�l.c�$u `,F:_t- _•'.�xCn .,yam = I : nil 50ox7631 FAcE 204 s' MORTGAGEE'S AFFIDAVIT (CHAPTER 244, SECTION 15) rn^ I, PHILLIP B. MCLAUGHLIN, ASS'T VICE PRESIDENT y4..':. of: NEW BANK OF NEW ENGLAND, N.A. ...., as assignee to the Federal Deposit Insurance Corporation t� I (F.D.I.C.), Receiver to Bank of New England, N.A., (See " � .. Certification of F.D.I.C. dated 2/15/91 filed with Suffolk County Registry of Deeds at Book 16726 Page 280 et seq.) =& named In the foregoing deed, make oath and say that the principal ` and interest or other obligation mentioned in the mortgage above referred to were not paid or tendered or performed when due or prior \ } to the sale, and--RQt: NEW BANK OF NEW ENGLAND, N.A. N� • published on: (I) JANUARY 31 TH 1991 ' (2) FEBRUARY 7TH 1991 ?^' �'. (3) FEBRUARY 14TH 1991 f In the : BARNSTABLE PATRIOT ' r�+ a newspaper published or by Its title page purporting to be puuIIshed '< In the town of: BARNSTABLE ., r�!a: and the: BARNSTABLE PATRIOT ^� + having a general circulation In: BARNSTABLE = A NOTICE OF WHICH A TRUE COPY IS.ATTACHED HERETO AS ?II. EXHIBIT A. , The holder also compiled with Chapter 244, Section 14 of the d Massachusetts General Laws as amended by mailing the required notice or notices by Certlfled Mall, Return Receipt Requested. Pursuant to said notice at the time and place therein appointed, to :.., w I t: February 27th, 1991, A Wednesday at 2:00-a.m.. and said sale not having been subsequently adjourned = " b the holder of said mortgage, sold the mortgaged premises ^- "r r. 1 . (revised 7/8/90) is b' �I f � . • Bccx.7631 ou 205 - at public auction by _ f- i Robert L. Moore, an auctioneer, State License Number 1357 .sy" to NWE INC., a Massachusetts Corporation with a usual place of business at 28 State St., Boston the grantee In said mortgagee's deed, the winning bidder pursuant to the terms of said auction or the assignee of said bid, for the _ 1 consideration therein recited, to wit: $50,000.00 bid by said NWE INC. ri said amount being the highest amount bid at said auction, i f`. PHILL P B✓MCLAUGHLIN, VICE PRESIDENT NEW BANK OF NEW ENGLAND,,N.A. Affiant COMMONWEALTH OF MASSACHUSETTS n ! then personally appeared the above named PHILLIP B. MCLAUGHLIN and MADE OATH that the foregoing Is true and correct in each and every partt uiar 9A this the J--� day of APRIL , ,I t: 1991 ` Notary Pub11c, /e: 1 phi//p £ .-L 4t/ 9'14.9S „r. i 'fP ` F. :y- 2 (revised 7/8/90) , accK.7631 )eet 206 r S° yl;i. M(1RTG AG FF'S CAI F'OF RFAI F'ti"r\'rF f BY VIRTUE OF AND IN EXECUTION OF THE I'OH'E•R OF SALB ) _ CONTAINED IN A CERTAIN MORTGAGI:GIVEN t, nY:JOIIN C.STI:Pl IENSON,IRUSTI:1:01:OLD KINGS REALIY TRUST TO:BANK OF NI:W[:','GLAND.N.A. �:• DATED:NOVEMBER 26th,1986 AND RECORDED HITII nARNSTABLE COUNTY REGISTRY 01:DEEDS.AT BOOK:Sa))AND PAGE:055 OF WIIICII MORIGAGI:THE UNDI:KSIGNIM IS lift:PKI SENT HOLDER FOR❑REACII OF THE CONDI'l10\S 01:SAID\IORTGAGr•.AND FOR �•• "IL PURPOSE 01:FORECLOSING Tali SAM1:WILL III:SOLD A I'run• ' UC AUCTION AT:2.00 P.M.ON'1'llL 27th,DAY OP FEBRUARY.1991 A WEDNESDAY UPON TIIE MORTGAGED PREMISES ALL AND SL\GU- `'•)• LAK THE PRE\nSES DESCRIOL'D IN SAID�IUKTGAGL'1G WIT: , Jt' the land in Ilamuablc,a Cutuit,IlammM<Cuunty,M.,wh—m, i ' bounded and do—ibed a(ullu— , �I A Pon ion o(the land th—n'Puwre'on a plan eruidtd'I nd of tt�+ Lma r•_RoNwell,Cumit,\laa.Sale I i,.h ! V N: —e -20,1916- t t1 .nd(Jed in I'l.n Uwk 5,Pip S. , Ihcptcmiui3m,uhjcntudiengh4u(Icc C.Ilatolltn(ithilo quid _ 1rp { Ri.er a—c-1 in hit dccd to Lmn h_Rudl+cll.July tecwdc L Fur ml -UucJ(rum It.\In)tr,h.,n•c.n.k.l in ILt—..ale County Rginry of DccJ.,in Boult 34I),I%Cc,14 1. �{ s TIIE PREMISES WILL nf•.SOLD SUBJI:Ci'TO,\Np 1Vrrll l'Ilf nENEFTf OF ALL RIGIITS,COVENA\I'S,EASEMENTS,CONDHIONS,RES'IRIC• �I T10NS.UI'PAIDTAXF.S,'1'AX'11'1'I.ES.W,\1'1:1(IIII.IS,\IU\ICII'A1.tl[:NS, ASSL'SS\IENfs,RIGIrrS 01:TENAN'15 AND,OR I'AlOWS 1\1 POSSFS- SIGN.EXISIING LNCUMIIKANCI:S 01:RLCURD C.KE.AI I:D PRIOR TO ,i THE\tOHTGAGI:AND R1GII-IS OF RH)CMI'110.1(Ol:Till: UNITED STATES OR ANY AGENCY TIILRI::UF WIIICII SURVIVE TIM.FORECLO- SURE SALE.IF ANY. MORTGAGEE IS PROSECUTING LAND COURT AC"1 ION 133677,WFlll 1 A RETURN DATE OF:JANUARY 7th,1991.AND EXPECTS THAT THE LAND COURT WQJ.ISSUE A )C(Xil:\Ili\I' 11WREUN L'rQNSU11• MISSION OF`` I'llE 1,0RIMA)SURI:IXX:U\l I:\-lS I OR AITHOVAI_ \I ORICAGEI:RPSI:KVIi.I'?11E HIGIII'It)Al JOVRN lilt:SM.E 1 KUM t 11ME•'TUTIMI:BY I'U1111C DI:CI.\RAIION LTUN'lilt:PREMISES. TE` 11:1WS OF SALE: A CI:Rlll:ll:D CIILCK I'A)'All Ll:'10 TIII:\IOK'I'GA- GEC•(S),W 11'1IOUl'INTERMLOIA'1'L'1_\I)OItSL'\ll•:\T C(11IE AMOUNT OF: t7 (AS A DL'I.OSFI) S 9IXIU.m (AMERICAN EXPRESS CARDS ACCLPIED SCIIKCT TO CREDIT AP. i_ PROVAI.AND SI:RVICI:CIIARGIi) Id Till:nAI.ANCh 011,111:IIID I'I(1CF10 III:PAID IN OK WITHIN]W LICTY• ONE DAYS AT TI IL 01'1ICES OF: 'rho PUIJP I_GODUII,ESQUIRE 1171 MASSACIIUSI:ITS AVENUE ' ' ARLL\GTON IIIA;II1S,MASSACIIUSEI'rS OTHER TFILCIS,IF ANY.TO nE ANNOUNCED ATTIIE SAI.E. ROBERT L MOORE,AUCTIONEER,STATE IJCE_NSL•NUMBER 1757 'NEW BANK 01:NEW LNGLAND,N.A.,a...i <c of the Fcdml Dc u P1•: s^ In+� Inwnncc Coq—ition a cocci—of HANK OF NEW E\GLAND,N.A.' MORTGAGEE(S)AND PRESENT IIOLDL'R 01:SAID MORTGAGE - BY: PHILIP I_GODUTI,ESQUIRE 1173 MASSACI IUSII'I S AVI:NUII: POST OITICI:BOX 15 y., ARLINGT'ON Iwmi rS,\IASSACIIUSETTS 02175 (617)616.4WO AITO%NL'Y TO TIIE MORTGAGEE 4 The B.munble P.triut Jmu.ry)I,FebmAry 7 A 11,1991 r HOPED AUG 191 n. i, t,.1 BOOK . .._. c 5413r.c 144 RQBEn H. KUM, JR. P 84238 i j of 1201 US Highway 01, Suite 240, N. Palm Beach, Florida 3340 R 1 kw�`�• k�i l ri N'•�,;, r. ' in consideration of ONE HUNDRED TeOM-F ,1E TICUSAND ($125,000.00) AND 00/100 DO LMtS PAID Brant to JOIN C. STEPHENSCN, TRUSTEE OF OLD KING'S REALTY TRUST,under a Declaration of Trust dated November 20, 1986 and recorded herewith, yt! of 456 Hearse's Way, Hyannis, Barnstable County, Massa«chusetts 02601 with quittlaitst robennnts A certain parcel of land situated in said Barnstable at Cotuit and it is described "., as follows: �' :i3i.• A portion of the land shown as "Pasture" on a plan entitled "Land of James E. Rothwell, Cotuit H r"4• Mass. Scale 1 inch = 100 feet, November 20 1916" and filed in Plan Book 5, Pagea 5. The as rese-eds are J the right of Lee C. Hascall to fish along said River. ames E. Rothcell, duly recorded. For title'Tse of Todd B. Ackerman, et ai dated June 13, 1979 and recorded inBarnstable County Registry of Reds Book 3025 Page 299. i t ! t. r r t. I: Executed as a sealed instrument this / 19 86 1 hi day of 3'rJ f/ouoN�r bert H. Mayne, Jr. 31 r THE STATE OF F-CRIDA t Cp u n s November 3 19 86 Then personally appeared the above named Robert H. Mayne, Jr. and acknowledged the foregoing instrument tell be his free act and deed, `NE IUn,Y,� ,••••••••. Before me• lY1mM v, 01 A R Y`'. notmy raarr� `\ huticr of the Pear My commission expire 19 . •••.P U NOTARY Pi1811C STATE Of FLORMA ',•fl ............ AT CCKNISSION EAT, MAY"'1990 'Barl� ..•qTF of �oO�_ BOKOEO I!INU GENERAL INS.U10. 1 • �° RECORHO Nov 20 86 l • Boox3025P;6E 299 33916 i We, TODD B. ACKERMAN, of 4905 Calle Angosta, Tuscon, Arizona, JILL A. SLAYMAKER, of 5100 Camino Esplendora, Tuscon, Arizona", and I JUNE E. CHI.LDS, of St. David, Arizona, as tenants in common, , w x k �� � �)ennt�rMex9neFme+et+? :� ' ;"• I in consideration of Seventeen Thousand and 0.0/100 ($17,000.00) Dollars ' 1: Brant to ROBERT H. MAYNE,JR. : ., Box 549 I y of Centerville', MAA2632 �. with quitr(atm ronenants el lho Laa�! +A- A ce tr ain parcel of land situated in said Barnstable at Cotuit and it is bounded and described as. follows: BEGINNING at the northwest corner at the Santuit River and Falmouth 4� ! Road; ;. THENCE southerly by said River about six hundred seventy five (675) :q. feet to land of Hiram Crocker; THENCE easterly by a fence and land of said- Crocker about one hundred ninety•,;;_, 'I y (190) feet to other land of said Crocker; II THENCE north by said Crockers land about five hundred ninety (590) feet to the Falmouth Road; �! is .�L`. THENCE northwesterly by said Falmouth Road about one hundred sixty one (161) feet to the point of beginning. This conveyance is made subject to the right of Lee C. Hascall to ti fish along said River as reserved in his deed to Jared E. Rothwell, duly recorded. For our title, see deed in Book 170 Page 142. t. x 'S�xa:czizaencx�uibaric:c�mc;o�cxacleocxs �cxax�r�x�xiso�dd�k�c k �; aW-zap`�•ocncx�c:cx;c��pc"1,-m�a�clncjcxxx,c�:a�xFarre�cxY.Yoeckk, s �: Goa:S.tticiscx; xxxssbclocxk°.cx�cic3®fkkyc9macxsbammcmac�mcl�cx�ix�dc :8c. t The above described parcel is a portion of the land shown as "Pasture" } <.. Mass. Scale, on a plan entitled "Land of James E. Rothwell Cotuit' r � P 1 inch = 100 feet Nov. 20, 1916" and filed in Plan Book 5, Page 5. For title see deed from The First National Bank of Boston et al, dated September 16, 1937, deed from Ruth W. Ackerman, dated January 12, 1968 i and recorded in Book 1389, Page 626 and deed from Edward Arthur 'r Ackerman ,dated February 16, 1971 and recorded in Book 1500,• Page 41. �. i - ,ALi1! OF rc"1 ,1f,(t!I:FI19 t i ;fir• � ._ .... L aoox302 PiuE 5 3CO rr { j :'C •-� tee. ,I I • I y Executed as a sealed instrument this 13 th day of JuW 19 .79 I-. -V._,r.,�-N _ a; Ilr. I June E. Childs �B�ATFA i ,GIs: County of Pima sa. Arizona Swnt 13 1977 Then personally appeared the above named Todd B. Ackerman, Jill A. Slay-maker r I r and June E. Childs '. W and acknowledged the foregoing instrument to be their f7r a act and deed, Bcfore me, `� 1��� /r 4. Nofa.y Public Jue,' f,he Peas •r•' My commissi expires LI-I _ 19 My Commlralon Explie� 1- I' QQyi�.t-':•� Q �m••.lye, 3. C. - j, I' I I{ RECAOFD pE- 51979 I'I r ��,� I 143 ab. B O LOCUS ,,.Ji?P Ly' r-d . A Lva i o Sall yoain L �e d o 9 A oM JjpO ao 93 re dom�ass' ZO�Zb� A'J'GC .SE �Q ge _efe5 j v B 9i ti / co C7 �y G �}5 �.� e, UOr �1 79 K 5'aI i 1 .V n .� .�P, op:a q�0 - i �� \ /p�h �•4 1� S. 7➢0 --y ( .ve7 is Hof v$vTacr - -j G bnb 77 7 w YYY pv` aG bW go��bs� ....st���so ' 76 '� f. _. oaf^• ;�= �:�.� - n�\� �° h j. i ; h:y.� x e--.. -v 5� gym•[ 4:a .. \a,o � + •�•ui:,, -3� oA -1'r.Z• �e�� � D' i. V ¢ � p. 4� f 59 83 91 R�LyN o� _d •5y q, o . fi 7 p � � W j o' � lie -s IL - / \ ..\ .�•�°' v2E'O.[:ViY :.b v ' V� NtT3Q� j .. zisanot 5' 2i 1C N�; r ��o•is' ,tea,T•-..�` is 1 N:� 20 �' i/439 $ ti J4Pp'ovol under �✓Le:'��bdirLssav+ vo \j. I.t•f+soyto I$ � �o pI�pgJ.?� 72 !CoiztroL Lout noD re red. 3 0 8 5Bx ^g $� 'BnrizetabLe Plo�i+�n Boord �� Vf .frcy.2o_r- Da3e 3 REFERENCE RULER 33 J877 j i ap 11 u PL nd ir[. 0 �. �2 s� 34. �� B.4RNSTABLE', MASS. - I I '3e I Shou.iny .�evioions oi•d I Omissions on yipproved SuDdlrleion iKsn9e Qo ci o Iz.�� GronL' I Cry ScaL� 1'-JOO' IT 3'eb. 71974 `9 y�'uioLd �En9ineerany Co. SANTU A D S,=^Oewoch Q 3"rom[n9hom, JTloss. R.`OA W. I R RO �, '•\4 pLD T E f,•:.:, lan twazd 6 oechi .4jzO i The's plow is o modilYco�on alr o ploit rectivdcd sa lic lZov�`S�7J oho 9 revision to Lot a BP�1 83+�B3�(,Jei� J9 ,ze9as arsd Lord Sc'rveyor Bo.ns?oble CoanSy Pcyisl-y a1� Occds Lit. P7t PL 'JCJ7 - oird go reao+vCd'R so.d 74 c o z n AArr Tit UST, a .mac A� 7�r►�.A.T�w.✓se,. 7x�sfuS. - - nRESEnrT CwA,-6RS,: /�/N63..G/2