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0020 ALBINA AVENUE
�v�0 - ti., d/. } 1 i t{ v, 3 p 1 i a R i C 1, 1 R rn 4. ,'1 I PLAN REF 19/39 (fnd)� 100.00" o 5E,237'49'�' C� 1 275/61 W CHAIN LINK 303/24 449/43 ^~ O w I O O � HSE a u LOT MARK: 550D) / w ELP OF-C. S72 3749'E 100. 00' To l ti LOT 22 two o w� w DIRT DRTI VE N S72 3749'E i 100.00' 0 140- 30.0' S o� H ti D • LOT . 4.0" 38. 7' 0 22.A- 28.00' � N72 37—'49-'W— 1 10.0' 11.1' 3 4 2,3 LoT �Ci 2 � 'mil ti 18 ESsogs ' ASLo e 94 ik o.z7'. 68.3z' PINE LOAD (PAPER STREET) 4 FLOOD ZONE "c"_ FO UNDA TION CEI?TIFICA TION RES ZONE- "RF" TO WN COTUIT SCALE:1 "=30 PL.REF.-SEE ABOVE E'LEV N/A I CERTIFY THAT THE ABO VE �� �Fssq:� YANKEE SURVEY CONSULTANTS FOUNDATION IS LOCATED ON a F 0. BOX 265 THE GROUND AS SHOWN, AND �E R�r^ v UNIT 1, 4 0B INDUSTRY ROAD ITS POSITION —D=----- ft MARSTONS MILLS, MASS. 02648 CONFORM TO THE ZONING LAW � o�Q;.� TEL: 428—0055 SETBACK REQUIREMENTS OF �q o FAX 420—5553 _ BARNSTABLE %SU' — --------- JOB PAUL A. MERITHEW DATE 3�0212001 NUMBER51915FND .y :.... .� 'TOWN O<R--`tARNSTABLEJ CERTIFICATE OF OCCUPANCY I' PARCEL ID 018 094 GEOBASE -ID 561 ADDRESS 20 ALBINA AVENUE PHONE COTUIT ZIP - LOT BLOCK LOT SIZE .DBA DEVELOPMENT DISTRICT- CT PERMIT 57751 DESCRIPTION CERTIFICATE OF OCCUPANCY/SFH #40471 PERMIT TYPE BC00 TITLE CERTIFICATE OF OCCUPANCY . CONTRACTORS: Department of Health Safety Y ARCHITECTS: i and Environmental Services TOTAL FEES: i BOND $.00 per THE ; CONSTRUCTION COSTS $.00 i .756 CERTIFICATE OF OCCUPANCY 1 PRIVATE P'<tI'Fp' + 1ARNSTABLF, • MASS. 3g39. A�O� FD INI`►I - .�--- BUILDIN ' D ,V I BY / f_G✓_ ION DATE ISSUED 12/14/2001 -EXPIRATION DATE i GEJ 31.1`% 1 i) 561 A1)DKL'S-, ?0 AL.EI1;: k AVi S UE I'k10;''! fk)T BLOCK LUI ,'. _ - 47 D1, ;GR1PTION NEW 4 BDRM STNC'-FAM. 1.0 ae. Si1q. Pq .#:1") u,"&AIT Ty"mlM 3.-AW T' TL1. NKV! RE,IDE TiAL 8F,u:' PiviT Department of Health, Safety and Environmental Services r� IM I �i:;;1'r:TJC"I '�►� r-o". Pi145, 11'iU. 70 d 101 r. Y.V H 0',it, lib:ACHED 1. PTt 1.MATH, ►= I. 3rABLE, 1 '""SS. 1639. ED MA'S BUILDING.DI. I$IDN� WK, I AnT: TSSULU) 08/17/1999 9XPil2ti'i''ON DATE I I THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- 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. 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 + 2.PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- PERMITS ARE REQUIRED FOR (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ELECTRICAL,PLUMBING AND MECH- 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. ANICAL INSTALLATIONS. 4.FINAL INSPECTION BEFORE OCCUPANCY. IS-VISIBLEPOSTTHIS CARD SO IT BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 13f-01) 3/sl o 1 Dui-- ¢f ' .� pry x-.1P. V l 0 2 'byvm -7 �0I '1'Y w 2 / rs 2 /-�---� /.A 6 , A?'//� of 3 1 HEATING IN PEC IO APPROVALS ENGINEERING DEPARTMENT f Z �o i GAS -�� �►`�� �d� 2 F EALTH �;.� O AR B z o 4j- I r o OTHER: lG DrG'Ifj^*l Vtr&A9rSITE PLAN REVIEW APPROVAL ml of bl 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. NOTED ABOVE. TION. f I i I i TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map / Parcel Permit# Health Division 'y 80 Date Issued Conservation Division Fee . Tax Collector � . Treasurer �1� SEPTIC SYSTEM MUST BE INSTALLED IN COMPLIANCE Planning Dept. - ����6 Date Definitive Plan Approved by Planning Board o� P NVIRONMENTAL CODE AND �Q 1 ` e �-S TOWN REGULATIONS Historic�OKH Preservation/Hyannis is Project Street Address e_Q0 fll�3i�/14 ii U� nii Chc�r 1 U'r}e P4vr- Village l'rr Owner Ale 12 901, SC e,�r ddress Z, m� / Telephone- 9 Zua 109"7 Permit Request /'on'-'h2 U4 i9sal dYlf'_ L' �s 5 ����Ifl�. � /'!f 2�-al f Square feet: 1st floor: existirlQ proposed 2nd floor:existing — proposed, 5606 Total new Z4?0 6D Estimated Project Cost Zoning District Flood Plain �_ Groundwater Overlay 19P Construction Type �"`�� Y�y 36 Lot Size 229]Zf3 SA . Grandfathered: ®'Yes ❑No If yes,attach supporting documentation. Dwelling Type: Single Family 123j, Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes -EYNo On Old King's Highway: ❑Yes 2-N-o Basement Type: 12f Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) (1f614 Number of Baths: Full:existing — new .3 Half:existing new ` Number of Bedrooms: existing new Total Room Count(not including baths): existing new First Floor Room Count , . Heat Type and Fuel: rr Gas ❑Oil ❑Electric ❑Other e 'Central Air: ElYes U No Fireplaces: Existing New Existing wood/coal stove: ❑Yes B<oo -Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing dnew size Attached garage:❑existing (2/new size ZZX ZZShed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes 21 o If yes,site plan review# Current Use Proposed Use BUILDER INFORMATION Name ✓Ic of 1 S/ ll Telephone Number Address Ia�z✓► � L�l. License# Z,/:3 K-3017) T— f� DZ��- Home Improvement Contractor# Worker's Compensation# NUO ALL CONSTRUCTION DEBRIS RESUL ING FROM THIS PROJECT WILL BE TAKEN TO UR/?C� SIGNATURE DATE FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS � _. VILLAGE OWNER ~Ilk DATE OF INSPECTION FOUNDATIONl6 FRAME 7t Crt INSULATION `S l� FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH 4`> FINAL GAS: ROUGH Z FINAL tc FINAL BUILDING ` 'R � DATE CLOSED OUT ASSOCIATION PLAN NO. s� v '.sir+4-•�yy�"7jV"�'`,'-.rt"�„FJ�yz�.Y.'�S.s7».+-•"�'7`f-+tY7':-+al`-r.,ycas�.err..{�.,p.,�,;..�nne.rzr+ w�r,.;:.&�•s'QJa'�+!:hfv��:�ki'�.C••�y`:_"Wr-...._,,�.�ox,-..aw�Q-n-;.o�.-- Mls:Pi�"�.Mc. `ofNNFip The Town of Barnstable o� BARNSrABLE.p Department of Health Safety and Environmental Services MASv, 0 1639. �0 , prEo .y• Building Division ry' 361 Main Street, Hyannis,MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790.6230 Building Commissioner Inspection Correction Notice Type of Inspection Fk'AlYlf ° Location A ' i Y1'6- Permit Number Owner Builder One notice to remain on jobsiie, one notice on file in Building Department. The following items need correcting.'- i r r y k�l 41_q o 4 r:k r 00 i=4 } 0411 Y21 U cnAc.,P a, 4 in bock ac 4 klo m , �i re Cud"(i�4s I*h - ' r-�-7 Y 4; AW� -fin 4vy, man A4V4 v JWJ IP >C-EA1 � V1 Please call: 508-862-4038 for re-inspection. Inspected by _7/( -I)b Date ' I LAGADINOS BUILDING DESIGN I 13 Thankful Lane Cotuit, MA 0263 I T INC. 508-428-4097 Fax 508-428-7709 January 26, 2000 Mr. Ralph Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Permit for 20 Albina Ave, Cotuit Dear Mr. Crossen, We would like to extend to following permit for 6 months: Foundation Permit# 99-481 for 20 Albina Ave. in Cotuit. If you have any questions,please call. i erely, Nick Lagadinos h L Indusionary Affordable Housing Fee Property Owner's Name �JO �� A4 I �2(A 37 Project Location ao b & CC.�-4k (o—tTe, g v c/,j i Project Value / Permit Number N® q 7 I Planning Dept. INCLUSIONARY HOUSING FEE $ i 4 55:u PAID .PLANNING DEPARTMENT INITIALS W DATE (k-UG' 18 (191 JOHN W. KENNEY ATTORNEY AT LAW 12 CENTER PLACE 1550 FALMOUTH ROAD CENTERVILLE, MASSACHUSETTS 02632 TELEPHONE 771-9300 FAX NO. 775-6029 AREA CODE 508 August 18 , 1999 e-mail:Jwkesq@cape.com Town of Barnstable Planning Department 230 South Street Hyannis, MA 02601 RE : Lagadinos Building & Design Inc . Payment of Inclusionary Housing Fee Albina Avenue Cotuit, MA Dear Sir/Madam: Enclosed herewith please find a bank check payable to the Town of Barnstable in the. amount of $1, 455 . 30 which represents the Inclusionary Housing Fee being assessed against my client in connection with his application for a building permit for a lot located on Albina Avenue, Cotuit, MA. My client is paying this fee to facilitate the obtaining of its building permit . Although payment is being made, my' client protests the Town' s right to assess this fee . Lagadinos Building & Design Inc . hereby reserves its right to challenge the Town' s right to assess this Inclusionary Housing Fee as set forth in General Ordinance LXIII . I request that you acknowledge receipt of my client' s check as well as a copy of this letter setting forth my client' s protest of the assessment of the Inclusionary Housing Fee by signing the copy of this letter enclosed herewith. If you have any questions please do not hesitate to call me . Very my yours, ohn W. Kenney JWK/wlj Enclosures cc : Nick Lagadinos Receipt of the foregoing letter and check is hereby acknowledged by the Town of Barnstable Planning Department . Town of Barnstable Planning Department BY: DATE liT BOARD OF BUILDING REGULATIONS t1License:,CQNSTRUCTION SUPERVISOR i Number:-CS, 012653 B i rtlidate;OZ/16/l 954 Eiipres:.07/16%2001 Tr.no: 11689 Restricted;To: 0a NICHOLAS A LAGADINOS; 13 THANKFUL LANE COTUIT, MA 02635 Administrator MAScheck COMPLIANCE REPORT Massachusetts Energy Code Permit # MAScheck Software Version 2.01 Checked by/Date CITY: Barnstable STATE: Massachusetts HDD: 6137 CONSTRUCTION TYPE: 1 or 2 Family, Detached HEATING SYSTEM TYPE: Other (Non-Electric Resistance) DATE: 8-9-1999 DATE OF PLANS: 8-9-99 TITLE: Albina Cape PROJECT INFORMATION: Albina Cape Albina Rd. Cotuit, MA 02635 COMPANY INFORMATION: Lagadinos Building and Design Inc. 13 Thankful Lane Cotuit, MA 02635 COMPLIANCE: PASSES Required UA = 515 Your Home = 505 Area or Cavity Cont. Glazing/Door Perimeter R-Value R-Value U-Value UA ------------------------------------------------------------------------------- CEILINGS 566 30.0 0.0 20 CEILINGS 1904 30.0 0.0 67 WALLS: Wood Frame, 16" O.C. 1744 11.0 0.0 156 WALLS: Wood Frame, 16" O.C. 440 11.0 0.0 39 GLAZING: Windows or Doors 199 0.310 62 DOORS 170 0.310 53 FLOORS: Over Unconditioned Space 1904 19.0 0.0 90 FLOORS: Over Unconditioned Space 396 19.0 0.0 19 HVAC EQUIPMENT: Boiler, 83.0 AFUE ------------------------------------------------------------------------------- COMPLIANCE STATEMENT: The proposed building design described here is consistent with the building plans, specifications, and other calculations submitted with the permit application. The proposed building has been designed to meet the requirements of the Massachusetts Energy Code. The heating load for this building, and the cooling load if appropriate, has been determined using the applicable Standard Design Conditions found in the Code. The HVA quipm4fidesign ed to heat or cool the building shall be no greater th 125°s load as specified in Sections 780CMR 1 1 nd 4.4 Builder/Designer Date M2ischeck INSPECTION CHECKLIST Massachusetts Energy Code MAScheck Software Version 2.01 Albina Cape DATE: 8-9-1999 Bldg. I Dept. Use CEILINGS: [ ] 1. R-30 Comments/Location [ ] 2. R-30 Comments/Location WALLS: [ ] 1. Wood Frame, 16" O.C. , R-11 Comments/Location [ ] 2. Wood Frame, 16" O.C. , R-11 Comments/Location WINDOWS AND GLASS DOORS: [ ] 1. U-value: 0.31 For windows without labeled U-values, describe features: # Panes Frame Type Thermal Break? [ ] Yes [ ] No Comments/Location I DOORS: [ ] 1. U-value: 0.31 Comments/Location FLOORS: [ ] 1. Over Unconditioned Space, R-19 Comments/Location [ ] 2. Over Unconditioned Space, R-19 Comments/Location HVAC EQUIPMENT: [ ] 1. Boiler, 83.0 AFUE or higher Make and Model Number AIR LEAKAGE: [ ] Joints, penetrations, and all other such openings in the building envelope that are sources of air leakage must be sealed. When installed in the building envelope, recessed lighting fixtures shall meet one of the following requirements: 1. Type IC rated, manufactured with no penetrations between the inside of the recessed fixture and ceiling cavity and sealed or gasketed to prevent air leakage into the unconditioned space. 2. Type IC rated, in accordance with Standard ASTM E 283, with no more than 2.0 cfm (0.944 L/s) air movement from the the conditioned space to the ceiling cavity. The lighting fixture shall have been tested at 75 PA or 1.57 lbs/ft2 pressure difference and shall be labeled. ' VAPOR RETARDER: [ ] Required on the warm-in-winter side of all non-vented framed ceilings, walls, and floors. MATERIALS IDENTIFICATION: [ ] Materials and equipment must be identified so that compliance can be determined. Manufacturer manuals for all installed heating and cooling equipment and service water heating equipment must be provided. Insulation R-values, glazing U-values, and heating equipment efficiency must be clearly marked on the building plans or specifications. DUCT INSULATION: [ J Ducts shall be insulated per Table J4.4.7.1. DUCT CONSTRUCTION: [ ] All accessible joints, seams, and connections of supply and return ductwork located outside conditioned space, including stud bays or joist cavities/spaces used to transport air, shall be sealed using mastic and fibrous backing tape installed according to the manufacturer's installation instructions. Mesh tape may be omitted where gaps are less than 1/8 inch. Duct tape is not permitted. The HVAC system must provide a means for balancing air and water systems. TEMPERATURE CONTROLS: [ ] Thermostats are required for each separate HVAC system. A manual or automatic means to partially restrict or shut off the heating and/or cooling input to each zone or floor shall be provided. HVAC EQUIPMENT SIZING: [ ] Rated output capacity of the heating/cooling system is not greater than 125% of the design load as specified in Sections 780CMR 1310. and J4.4. [ ] SWIMMING POOLS: All heated swimming pools must have an on/off heater switch and require a cover unless over 20% of the heating energy is from non-depletable sources. Pool pumps require a time clock. [ ] HVAC PIPING INSULATION: HVAC piping conveying fluids above 120 F or chilled fluids below 55 F must be insulated to the following levels (in. ) : PIPE SIZES (in.) HEATING SYSTEMS: TEMP (F) 2" RUNOUTS 0-1" 1.25-2" 2.5-4" Low pressure/temp. 201-250 1.0 1.5 1.5 2.0 Low temperature 120-200 0.5 1.0 1.0 1.5 Steam condensate any 1.0 1.0 1.5 2.0 COOLING SYSTEMS: Chilled water or 40-55 0.5 0.5 0.75 1.0 refrigerant below 40 1.0 1.0 1.5 1.5 [ ] I CIRCULATING HOT WATER SYSTEMS: Insulate circulating hot water pipes to the following levels (in. ) : PIPE SIZES (in.) NON-CIRCULATING CIRCULATING MAINS & RUNOUTS HEATED WATER TEMP (F) : RUNOUTS 0-1" 0-1.25" 1.5-2.0" 2.0+" 170-180 0.5 1.0 1.5 2.0 i I 140-160 0.5 0.5 1.0 1.5 100-130 0.5 0.5 0.5 1.0 ----NOTES TO FIELD (Building Department Use Only) ------------------------- oa�e: a U C � 11 Q� to W Q C N 4 � O c ro 0) it ~ a o0 _ a < m C 2pp (n N V C E m ro EE N ❑o � 0 0 o ❑❑❑❑ ❑❑❑❑ ❑❑❑ ❑❑❑❑ ❑ ❑❑❑❑ o ro c SMOKE DETECTORS O.K.-Q U BARNSTA�LDNG N O a` Drawn By.nu Date:— Scale:w.r Sheet • t .. 8 • 6 Y E g ■ ti 6 m Project: Albina Home Lagadinos Building and Design Inc. Custom Homes,Additions,Remodeling 13 Th"Idul Lane CoWIL MA 02935 Tel.50&4284097 Fez 50&42&7709 i a m Project: Albina Home Lagadinos Building and Design Inc. W !t s Custom Homes,Additions,Remodeling 13 Thankful Lane Cotul4 MA 02635 Tel.508 42e-4097 Fe:506428-7708 6 3 n 3` 1 g$ i m Project: Albina Home Lagadinos Building and Design Inc. Custom Homes,Additions,Remodeling ' 13 Thwldul Lena CoNit,MA 02635 Tel.50842B4097 Fax 508428-Mg 5 o � S 7 $ i r �z I.—r FF IEEI s 's 4 g`` q 1� 7 l T Project: Albina Home Lagadinos Building and Design Inc. P 6 Custom Homes,Additions,Remodeling 13 Thankful lane CoWI,.MA 02635 Tel.608428-4097 Fax 508-428.7709 I I 1 I I I 1 I I I I I 1 I I I I I 1 I 1 1 I ' I J I I ' I I I I I I I I I I 1 I 1 I 1 1 1 I 1 I I I J -------------- Project: Albina Home Lagadinos Building and Design Inc. Custom Homes,Additions,Remodeling' N 13 Thankful Lane Cobult.MA 02635 Tel.508-4284097 Fax 508 428.7709 .��. �;1 1 it';1 Is ■' III �;1 L■ 11 I� �;1 1 ■• --- rrru sN... • I� � III �III� �m� 5 6 q M S: a IOU = t, q ,,: t :P'1 {4 y ? N L n C. 5g 7 Il o n 0 � !a qg o $ r F i m Lagadinos Building and Design Inc. cn •• Project: Albina Home Custom Homes,Additions,Remodeling 13 Thankful Lane COML MA 02635 Tel.508-428-4097 Fax 508-426-7709 I f< � 5 L fi a 13 I vn- Project: Albina Home Lagadinos Building and Design Inc. 6 K Custom Homes,Additions,Remodeling 13 ThanMul Lane CotulL MA 02635 Tel.508428-4097 Fax 509-428-7709 it w 'v ---------------- ..................................................... � m 3Q§ $ 'm r m G) a mAlpn $ D ; . a "s I •m ................................. ............................ u m to {- ro00 �? i ;M � �m ........................................5...................... g 403 m 0 Lagadinos Building and Design Inc. D •' Project: Albina Home Custom Homes,Additions,Remodeling 13 Thenldul lane CoWIt,MA 02635 Tel.5084284097 Fax 508-428-7709 �s. r sz z 4D ;0 10 o + ©6 e 50 I y ;;0 -z Nm mp ©B { 0 II m j . :z 0 �� $ 0 �l b "Z p � =z le + _ —j u• f I r J t 1 w0 x T ix o C 0 l� +z o I Z t ay I I � 1 I I I I I e I I m I I I I � 1 I I 1 I I 0O a . I I T I I I I I I I I a :p $ q LL I N {ova cs�ee�II �es��e�II isse -F ss�e+o F n � a 1 D m Project: Albina Home Lagadinos Building and Design Inc. ! b Custom Homes,Additions,Remodeling S 13 7henktul Lane Cotutt MA 02635 Tel.509-0284097 Fox 508 42&7709 6 a1.1a r Iz r1 y, as --- I � I I II I II I II r ------ — I Oil pi j l I II a Iz Ir I iiv I II I I II 9 HI Ll 1- II II r Ft --------J --- J� a e1 L ------ ------------- — — I 7 • 1 I s I L_ v s I __—_—_—_—_—_--_- I I� 191a � Q10 � 11D I1D F 19 > La adinos Building and Design Inc. T Project: Albina Home 9 9 9 i Custom Homes,Additions,Remodeling U Thankful Lane Cotult MA 02935 Tel.508-029-4097 Fax 509d29.7709 ti I� od ► n6,3 4097 G� r •'•.•.. Remember Luj can Printing for all your printing needs! 4.28-8700 0 4.507 Falmouth Road (Route 28),Cotuit From.Nick Laaadinos To:KATHY r)ate:C'7/,7/2Ci00 Time: 12:14:20 Ph:; Page 2 c`2 II i I 13 Thankful Lane Cotuit MA 02635 508-428-4097 Fax 508-428-7709 June 23, 2000 Barnstable Building Dept. Att-. Kathy Please extend our permit on file for 20 Albina Rd. Cotuit I Sincerely Lisa Harney t Office Manager. "f {�---_- The Commonwealth of Massachusetts Department of Industrial Accidents etfice 9115yestigatioos - ¢ � 600 Washington Street & Boston,Mass. 02111 Workers' Compensation :Inssul�/rraan.Gc/ee Affidavit rIumi iaiii��%%%%/%%% %% wiC3i ��eV��%%��/�%"'<,.... name: LmI� location: city phone>Y ❑ I am a homeowner performing all work myself. ❑ I am a sole ropnet and have no one worldrig in any capacity ❑'1 am an employer providing workers' compensation for my employees working on this job. compnny name: L ✓�7�iiV0 S R U/L/�i✓/G f �s�IT�, SNP . i city: tlon) f . Inn - /)Zt 3S phone#- Z162 7 insurance co. L = nlicv# GCI —OQ ❑ I am a sole proprietor,general contractor, or homeowner(circle one)and have hired the contractors listed below who have the following workers' compensation polices: company name• address: city: phone#: insarnnce cn. :.. oliiv# >:r ..... w:..... . companv name. :•.. :....:..............::: address: c1h,. phone#� .:.. .:..:..:...olicv it # u ar nn cc co. :.;:.:.: . : ........... . ... .. WOO FaIIure to secure coverage as requited under Section 25A of MGL 152 can lead to the Imposition of criminal penalties of a tine up to 51.500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP NVORK ORDER and a tine of 5100.00 a day against me. I understand that a copy of this statement may be forwarded/2to the Office of Investigations of the DIA for coverage verification. 1 do hereb rtify under t e p ' �l penalties of perjury that the information provided above is truo and eorre Signature ,� Date _ Print name Nl NL l' 19��//l//� Phone it 42-9 7 u q 7 olticial use only do not write in this area to be completed by city or fawn official city or town: permifAicense q ❑Btdlding Depattrneat ❑Licensing Board ❑check if immediate response 6 required ❑Selectmen's Office ❑Health Department contact person phone#; QOther (m&m 9195 P/AI S 7i''f3 5 0 L DW 00fl,T�oA D 1,113 • SS'frf 35.0 Pik 35.0 .To.0 SO.o 350 Lester NICker50N ry Le5fer NiCkerson z /3 Jw-'fls/ ,7/1°.X 5 ,113.S.z.6z 50.0 So,o 500 So.o So.o jF F.73 /O0•o 6 7/ '`11 z � o Z3 /S W4 l0 ° S'.� h �7/` 1 vtI ' � MJry Ni cter5o1 CS(1/1S f ' , S o,o-s7q OO a /00.0 /O . S 7i'99 Z' ` W• Ii ik 75:0 ? .2 9 h ° -TO Sot � soa°=Syk. 100-0 Q O S61S--'Spk Z fS�/ n 713 f s 'r S° H Z 1 M IY` 30 / / 7 �° Y96or z SOOa= P3 /00.0 /o0.0 �V N Q 6 (n c .Z W� Sd47.J�/� ° zo 3 ° p 7 ° � 0 /9 h W Q V o:.fi6o 99.s�1 //8.73 . i / � (�, n #/ Leo J6 S S0 13'.k. 3 2 - 5.2.3'`1 vi L/o 3 2 0=30 i s—/ 75s 4,f N 77— I C:) R '°72 Jq ti //0.0 .7710- O A S 9P1 o• i � is 3 3 5 i S 63-17 6 7 s�sO' l SGIyYf�� BAY VIEW' PARK C Otk&A MAss,C APE COD., ' GEOROE P R LLSSEll E _ OWNER AND DEVELOPER -Scale 40feet f-odn ,nck 3 7.co""c O .5mi'4 C.C f3u z zARbS/jay,M3 ss i _ Char'lo.�k A �(ct lg Parcet tLl Co3s is 1(1. 1cr 120., al,_,;? _ Fro oca LcL`�--Nenc- _{kru _.b1Q-A rrrco -- - - _ r_t Boruro.LoulS _.:ae_�!Carco -procuPi o --Fo_--Bz— c _S c�c�Pr v. }.6aY l�A,_ rocoP..r v -- - —•: -c 3-� 3 - . ._13ernd v J_._.{�✓_gc.o P lo. r CYI�A—W_oc� o Pi. ic1C°-Pi o aC ------?-a�=,a- �nurot0 — _ . �?.a_. - --- 9'a_a-7a7a . -- u� ► 'Iefio.. �na�dO.5��� s_._Cl�n_d_12� h 13�Surrs ----- ��-�-s � V._ Sets S814tz- pcL.43 Laks 11*1V ?o1Q -a13 �Gr�ure� .C. �7✓alrA...�o._.Drmald-v.�5h���_c.5 r �v�h(3•Stu�gr5- -<3-u.q '713 ao 0UTA of L--3Qr•nS4Ukx. k -..Dq.n 1 0 Uth.B,����s /a 7 7 4_4_s_.- - - F(a T e 1 tit . C000cta-11 {c�_Ro ber�I-�S . B��Lma n } 2u F h C-_Bed l ma h s Ai3-s3-3 . -___Ashl-ey B.Chitds rEleuror_rU, Chr.(ds. ,0 1k zel IA .6o6dal) -7 3 ss _-797-r(lr(_.._- _ I?o4h 3..Sfv�yr� 4o Ashley. B _Chr_lds—Id nor_�I rlds - — SIC e a 6e- 4, Porc-el 4a �and�a ur,r� d�unnhauser_.. t-Barnes r- -won-b'+.usec-Ao San_d_r_a�__ . _ �eun lkinr`hauser___.- .. .. -------- _ 0_. __ 6ctr.t A-.O:_iUerl r _y_Aezman__0`Alegi(_� ka ----a_7_7.3.-37 �0ro4y. 6 ._ul(Alk-er_4l ) 6a -7y al�s_a4� -...�dwctrcl_ R. Aal o..._t%� l_ler� M. Naro .+o 1)oro+h4__!F7. -- _- ---irons.-�7--- Uktrrer__A_3(rch_i=�anr_s t-__Chrrs{ensen_-�_AnnC: I�url�r�tame .. Ed u�aro� O• - - — - �- --- - -- - - _lu-aroi Prob_..0 s3b3 / 99-ags qI Fred Cbur+i�s r.qeirna .COuqines -fo f}i Fred F4 arrcJ, t _Anne IC. 8�rch q a5-63 750-a89' Woodward , nee Rose( Knapp arced 4o Alfred .60ur+i n-es :.-- and Velmo`..L_-. Oour4-jnes . _ S-9 s0- - 750-adq. Al i ce_ A .Foa*kr- *_&i Nd COur+Ns t__.11elma L.Court ►nos. _.. L o k f 3) ---- Lof 1 k Pare 1 93 Lo/s a3,,Zy,.as - - - -- /i.353 ( Claire Nauen -o.__(1J'i(horrn D. Rct-de, t Karen A a'+I-f� 1-. bg74-/1 SuZaYlhe G. .CG1Qc►1d.�e��a-_Cla(re �. J�riuev, _ 9-?-g� { 57/69 y�l._ �ohnU. l�csha�ne-..,��- +.6a,le_�+. ta�shanz 40 SuzGnne -Chocndte.- - -rr(o uZ03-q Aibcr4 7. Schulz) 6XeLJ+Vru)W 64-' 1 or,l e. 9(A+ us 4o J-okr\z 1�1cSl'►�re , o�57a A�JAro_-r.la cif - - -zoo_a�9_ . Tawn._o_ ..Barrls}ab(�to_141v_a���`f`la fios r _µar�(..r_-ka+-as -- - - . ._.—_ -----.—---------- --- JOHN W. KENNEY ATTORNEY AT LAW 12 CENTER PLACE 1550 FALMOUTH ROAD CENTERMLLE, MASSACHUSETTS 02632 TELEPHONE 771-9300 FAX NO. 775-6029 AREA CODE 508 a-mall:jwkesq@cape.com August 11, 1999 Mr. Ralph M. Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Request For Determination of Buildability of Undersized Lot Locus : Lots 15, 16, 19, 20, 21, and 22 shown on plan recorded in Plan Book 19, Page 39, Charlotte Avenue and Albina Avenue, Cotuit, MA (these lots are merged into one lot) Parcel ID: Map 18, Parcel 94 Land Area: . 68 acres Zoning District : Residence F (RF) Groundwater Protection District : Acquifer Protection (AP) Dear Mr. Crossen: I am writing to request a determination from you that for zoning purposes, the above-referenced lots constitute one "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 parcel shown on Assessor' s Map. 18 as Lot 94 consists of Lots 15, 16, 19, 20, 21, and 22 shown on a plan of land recorded in the Barnstable County Registry of Deeds in Plan Book 19, Page 39 . The recorded plan is undated but dates back to the 1920' s . A copy of the plans as well as a copy of the Assessor' s Map showing that the lot contains . 68 acres are attached for your review. 2 . The lots shown as Lot 15, 20, and 22 on the plan recorded in Plan Book 19, Page 39 were acquired by Donald O. Sturgis and Ruth B. Sturgis from the Town of Barnstable by a deed dated January 27, 1949 and recorded in Book 713 , Page 206 . Donald O. Sturgis and Ruth B. Sturgis acquired Lot 16 by a deed dated August 13 , 1949 recorded in Book 729, Page 213 . 0• " I Mr. Ralph M. Crossen Building Commissioner August 11, 1999 Page 2 Donald 0. Sturgis and Ruth B. Sturgis acquired Lots 19 and 21 by deed dated December 7, 1951 recorded in Book 822 , Page 272 . With this deed all of the lots which have been merged into the lot shown as Parcel 94 on Assessor' s Map 18 were owned by Donald 0. Sturgis and Ruth B. Sturgis . 3 . On June 16, 1972 Donald 0. Sturgis and Ruth B. Sturgis conveyed all of these lots to Bernard J. Procopio and Gayle A. Procopio by deed recorded in Book 1673 , Page 121 . 4 . On July 27, 1972 Bernard J. Procopio and Gayle A. Procopio deeded all of said lots to Gayle A. Procopio by deed recorded in Book 1695, Page 189 . On March 13 , 1973 Gayle A. Procopio deeded all of said lots to Bernard J. Procopio and Gayle A. Procopio by deed recorded in Book 1824, Page 343 . Finally, on August 18, 1976 Bernard J. Procopio and Gayle A. Procopio deeded all of said lots to Henry Paul DeMarco and Barbara Louise DeMarco by deed recorded in Book 2413 , Page 11 . Henry Paul DeMarco and Barbara Louise DeMarco are the current owners of Lots 15, 16 , 19, 20, 21, and 22 shown on plan recorded in Plan Book 19, Page 39 and further shown on Assessor' s Map 18 as Parcel 94 . All of the Deeds referenced herein are enclosed for your review. 5 . In 1942, Ruth B. Sturgis, then known as Ruth M. Bacon, acquired title to Lots 17 and 18 (shown on Assessor' s Map 18 as Parcel 91) in her name individually. On November 19, 1951 she deeded Lots 17 and 18 to Ashley B. Childs and Eleanor M. Childs by deed recorded in Book 797, Page 414 . Attached hereto is a summary of my title rundown on these lots as well as copies of the Deeds for Lots 17 and 18 showing the conveyancing history from 1945 to the current owner Ruth C. Behlman. Based upon this examination Lots 17 and 18 have been in separate ownership from Lots 15, 16, 19, 20, 21, and 22 since 1945 . 6 . The summary sheet for the title rundown and deeds for Lots 13 and 14 shown on Assessor' s Map 18 as Parcel 92 shows that these lots were held in separate ownership from the subject premises since 1950 . 7 . The summary sheet for the title rundown and deed for Lots 23 , 24 , and 25 shown on Assessor' s Map 18 as Parcel 93 shows that these lots were held in separate ownership from the subject premises since 1948 . Mr. Ralph M. Crossen Building Commissioner August 11, 1999 Page 3 8 . Copies of the Summary Sheet and all the deeds referenced herein are enclosed for your review. 9 . The zoning history of this area is as follows : 1950-1957 Zoned RB-1 10, 000 square foot lots required 1957-1973 Zoned RD-2 20, 000 square foots lots required 1973 Zoned 1 Acre 10 . The lots which make up Parcel 94 on Assessor' s Map 18, when merged, complied with zoning until the zoning in this District - was changed in 1973 to require 1 acre lots . At the time of this zoning change this parcel was held in separate ownership and has remained in separate ownership to date . Based on the foregoing it is my opinion that under Section 4- 4 . 2 (1) and Section 4-4 . 2 (5) of the Town of Barnstable Zoning Ordinance this one merged lot was not held in common ownership with any adjoining land; has a minimum of 5, 000 square feet of area and 50 feet of frontage; the one lot which resulted from the merger of Lots 15, 16 , 19, 20, 21, and 22 conformed to zoning when zoning was first enacted in the Town of Barnstable in 1950 ; and the combined lot which now makes up Parcel 94 on Assessor' s Map 18 has been separately owned at the time of every zoning change which made it non-conforming. Therefore, it is my opinion that Lots 15, 16, 19, 20, 21, and 22 shown on the plan recorded in Plan Book 19, Page 39 and shown on Assessor' s Map 18 as Parcel 94 constitutes one "grandfathered" lot and may be built upon for residential purposes because the lot conforms with Section 4-4 . 2 (1) 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 my your ohn W. Kenney �/ JWK/wlj Enclosure cc : Henry & Barbara DeMarco Jim Waskiewicz Nick Lagadinos i C:r Mr. Ralph M. Crossen Building Commissioner August 11, 1999 Page 4 I, Ralph M. Crossen, Building Commissioner for the Town of Barnstable agree that as of the date of this letter Lots 15, 16, 19, 20, 21, and 22 shown on the plan recorded in Plan Book 19, Page 39 and further shown on Assessor' s Map 18 as Parcel 94 located on Charlotte- Avenue and Albina Avenue, Cotuit, MA, is, for zoning purposes, one buildable lot . Ralp M. Crossen, Building Commissioner, Town of Barnstable i Bk. ■ 1 19S9-021 2S283 � � - 04-1�-29�� •Ca 12 si01 ,,. Claire H. Hauen of Barnstable (Cotuit), Barnstable county, Massachusetts, for consideration paid of $225,000.00 : !Yc_ - grant to WII= Ii D. BAZTEY and 131I2fN D. BAvIIZC, husband and wire, as tenants by the entirety, both of 18 Cedar Hill Road, Dover, Massachusetts 02030 with quitclaim covenants, the land, together with the buildings.thereon, situated in Barnstable (Cotuit), Barnstable County, Massachusetts, descriheci as ...... - follows: - IAts 23, 24 and 25 as shown on.a plan of land entitled: "Bay View Park - '` -- Cotuit, Mass., Cape Cod, George p. laassell, Owner and Developer, Scale 40 feet to an inch, amderia 0. Smith, C.E., Buzzards Bay, Mass.", which said plan is duly filed"in-the'-Barnstable County Registry of Deeds in Plan Book 19 Page 39. :et ='w-: For title, sea deed dated September 7, 1989 and recorded in said Registry —_---- --- -- -- ---— . ____ - Ex AS A SEM nUI1UWa this ..1�. day of Alril, 1998. 3 Claire H. Nauen zbd OOZlONWEAUCH OF?4 TS z - _ Barnstable, as: April ., 1998 Mien personally appear the named Claire M. tia��en and acknowledged the foregoing be free act and deed, before me, i<r Coamission ires:lp W property location: .JS"- 131 Nickerson Road - - Cotuit, MA 02635 DEEDS REC 91 BARNSTABLE CO1XTY BARNSTABLE REGISTRY OF DEEDS _ ���annEXCISE TAX 04/13�G;11luly�l _ 04�13�98 Mi1111i TAX 513.00 ` TAX 769.50 TOTAL 513.00 = CHCK 769.50 CHECK 513.00 7999AO C 0 10:57 0010 --- EXCISE TAX Ii01 Miii! 0:57 COLHIY EXCISE TAX i BARNSTABLE REGISTRY OF DEEDS tf�7 — �nh�nCl�r•Ga 5874PAGE 0jr 11 QUITCLAIM DEED II of 131 Nickerson Road Cotuit, SUZANNE G. CHANDLER ! ! Massachusetts 02635, for consideration paid in the amount of d FIVE TWO HUNDRED FORTY E THOUSAND and no/100 (8245,000.00) f �IDOLLARS, grant to CLAIRE M. NAUEN, of 25 Pine Ridge Road, Cotuit, Massachusetts, 02635 id iiwith QUITCLAIM COVENANTS - 2 i ;' the land together with the buildings thereon, situated in i1Barnstable (Cotuit) in said County of Barnstable, and z_ -':. ��1,, described as follows: .. 4 j 9. II LOTS 23, 24, & 25, as shown on a plan of land entitled: Bay View Park-Cotuit, Mass. , Cape Cod, George P. .0_ 1 Russell, Owner and Developer, Scale 40 feet to an inch, ,) Frederic O. Smith, C. E., Buzzards Bay, Mass.", which plan has been duly recorded in the Barnstable County °°• 0 ' Registry of Deeds in Plan Book 19, Page 39. _...�.< uit, TAX- .__83Z.aa.. - . . .__. I —MA _.937:90 !I Being the same premises conveyed by deed of John J. McShane,- II• Jr. , and Gaile M. McShane to me, dated July 11 1986, and 11f6AP66"53-�7 recorded in the Barnstble County Registry of Deeds, Book �FXCISE TA:: 5169, Page 044. ._ :. '. '.FITNESS my hand and seal this 7 day of September, 1989. i Suzarite G. Chandler COMMONWEALTH OF MASSACHUSETTS S A'iwl Barnstable, ss. September 7 1989 ' i Then personally appeared the above-named Suzanne G. ' dged the foregoing instrument ta;;be.,her Chandler and acknowle free act and deed, before me - �;••.. r J; • S ALBERT J.S. LZ • - ._ ., A Notary Public TTORREYATLAW .� • .....,10,'� iii--- ]PARKER ROwO y ' I ••......•.... ww.- OSTERvtLLE. 02653 14 Commission expires: /; 1-7 i993 .B L E I5oal.a"ou°o SEP 8 89 I BOOKR69 PAGE 044 QUITCLAIM DEED ,• 'AF, J.OHN J. MCSHANE, JR. & GAILE M. MCSHANE, Husband & �� Wife, as Joint Tenants, both of 11 Neck Pond Road, PO Box 679, V' Ostecville, Massachusetts 02655 for consideration paid of; ONE HUNDRED EIGHTY THOUSAND ($180,000.00) DOLLARS Grant with QUITCLAIM COVENANTS ,PTO; SUZANNE G. CHANDLER of 01 N,cKERSON ROAD Go-ruiT mASS. f The land together with the buildings thereon, aituted in y•,, Yy .. Barnstable (Cotuit) in said County of Barnstable, and described as follows; =r LOTS 23, 24, & 25, as shown on a plan of land entitled: 'Bay View Park-Cotuit, Mass., Cape Cod, George P. Russell, Owner and Developer, Scale 40 feet to an inch, Frederic 0. Smith, C. E., Buzzards Bay, Mass.', which plan has been duly = j' recorded in the Barnstable County Registry of Deeds in Plan Book 19, Page 39. _ FOR TITLE: See deed of Albert J. Schulz, Executor under the rWill of Mary G. Mattos, Barnstable County Probate Case No. >' 84P-0676-E1, to us dated September 5, 1985 and recorded with , Barnstable Deeds in Book 4703 Page 009. WITNESS Our Hands and Seals this ) 5—,- day of TULY , 1986. Q4.u.ft ihn J. �Acshane, Jr. .i Ga a M. AjShan6l COMMONWEALTH OF MASSACHUSETTS Barnstable, as TuA Y 1 1986 Then personally appeared the above-named TONN T. rocSNAMN,79. .. and acknowledged the foregoing to be HiS free act and deed, before me, Sark AtBE.ti Pub is My commission expires to l2+ )Q90 '��• N AIL 0 I`N JUL 186 Y; i � 'L_.�a b iL11`_— - 1 tti1-...�:i.�.',.. ..cC!- •t-.i' y_`..y+M o3•_.i• 1.,. BOOK4703 PZE a09 . 52314 —_- 1, ALBERC J. SCHULZ',..EXECUTOR . j t3NkkX9Wkunder the WILL of wYkTIvlt?f393YisKAW3lCaktkec{778(Rt abaxA>1k038YtN3nkx�Ckl��lVidifkXii _- ®kx-kx6tW3�i�iKlDA14YfR1kntx�x�LS(itbi81f1tYLcnRxlta�dd5Y8/UH7f3xAxowcbYkKk6tkhl�scnRxxx�&HH11kf69dt)f�1Klt MARY G. MATTOS also known ai Maty G. deMaitos and Mary Robello Mattos by pimerronferredby License to Sell of the Barnstable Probate Court, -- dated June 27. 1985 - and every other power, for Two Hundred Forty Thousand-and no/1.00 ($240,000.00) Dollars -- paid,Rrnnt to JOHN J. MCSHANE, JR. and GRILE M. MCSHANE, husband and i wife as tenants by the entirety, both of 11 Neck Pond Road, P.O. Box 6 9, Osterville, MA 02655 wex6aasb6ax Three certain parcels of land, together with the buildings thereon, situated in Barnstable (Cotuit) in said County of Barnstable described as follows- PARCEL I j LOT I as shown on a plan of land entitled "Plan of Land in BARNSTABLE (Cotuit), r" ' - MASS. As Surveyed For ALVARO V. & MARY C. MATTOS, Scale 1" = 40',^'March 5, 1979,. L Baxter and Nye, Inc. Registered Land Surveyors, Osterville, Mass.", which plan is duly recorded in the Barnstable County Registry of Deeds in Plan Book 335, Page 15. PARCEL II LOT 2 as shown on a plan of land entitled "Plan of Land in BARNSTABLE (Cotuit), MASS. As Surveyed For ALVARO V. & MARY G. MATTOS, Scale 1" = 40', March 5, 1 9 7 9. Baxter and Nye, Inc.' Registered Land Surveyors, OstervilLe, Mass.", which j plan is duly recorded in the Barnstable County Registry of Deeds in Book 335, Page — I — - — l 5. 1 PARCEL III LOTS 23, 24 & 25 as shown on. a plan of land entitled "Bay View Park-Cotuit, i Mass.,Cape Cod, George P. Russell, Owner and Developer, Scale 40 feet to an inch, Frederic 0. Smith, C.E.,Buzzards Bay, Mass.", which plan has been duly recorded in the Barnstable County Registry of Deeds in Plan Book 19, Page 39. For title to Parcel I, see deedfrom Town of Barnstable to Alvaro V. & Mary G. Mattos, dated October 5, 1948, recorded in Book 707, Page 279; see also Estate of Mary G. Mattos a/k/a, Barnstable Probate No. 84P-0676-E1. For title to Parcel lI, see deed from Town of Barnstable to Alvaro V. & Mary C. Mattos, dated December 26, 1956, recorded in Book 962, Page 385; see also Estate of Mary G. Mattos a/k/a, Barnstable Probate No. 84P-0676-E1. For title to Parcel III, see deed from Alvaro V. Mattos to Mary G. Mattos & Alvaro V. Mattos, dated July 2, 1973, recorded in Book 2572, Page 144, and deed from Town of Barnstable to Alvaro V. & Mary G. Mattos, dated October 5, 1948'and recorded in Book 707, Page 279; see also Estate of Mary G. Mattos a/k/a, Barnstable Probate No. 84P-0676-E1. lWilttess my hand and heal this b -- day of 1985 e . Albert J. Schuly Executor _.. ,jQy .� :a•ss- `�, - J •4 f. ,. `�. •- `fib' i . . - l�Ihe�IIommonwe�lfhof�lass�rhusefts ry.GP f -- Barnstable, ss. J 4-y- 5 19.85 Then personally appeared the above named ALBERT J. SCHULZ, EXECUTOR and acknowledged the foregoing instrument to be hisfree act and deed,before me l „�� <.• Cv.�<F y Notary 1 My commission expires 19 e) htLLh!'LD SEP.10 65 a ' Bccx2572 nu 144 22584 Itnabi all OUn by t rst regents ALVARO mATTOS, of Old Wood Road, Barnstable (Cotuit), Barnstable County, Massachusetts, j :.. i; W tdrtrawadon paib hereby QTant aato MARY G. MATTOS and ALVARO MATTOS, husband and wife, as tenants by the entirety, both of Old Wood i; Road, Barnstable (Cotuit), Barnstable County, Massachusetts, 1 y with gttttcWm tobrnantf,all that tract or parcel of land situate at or near the Village of Cotuit, County of Barnstable and Commonwealth of Massachusetts, described as follows: Lot No. 23 as shown and delineated on a plan made by F. 0. Smith, C. E. entitled "Bay View Park, Cotuit, Mass. Cape Cod" filed with ; Barnstable County Deeds in Plan Book 19, Page 31. 'I N For my title, reference is made to the deed of Mary Millette to me, dated January 30, 1951, and recorded in Barnstable County : t t ,t Registry of Deeds, Book 881, Page 112. t 1 is a - r ' Ft �_ c, I Mth fW Satb&MI(btratton'-----NomniAL-------- be eb7 isaid peemism . t• it ! �ttnrsf my baud and wl this vs( Jill day of {� A.D.1973. j�� Barnstable 1973 � y (i Tb=Pcram;n�I�PP the above named �a(a I{ Alvaro Mattes /'►' r t , and acSmowledgcd the foregoing tn�sme7rt to be ' free aGci anddeed,bei me rllvaro`>lattos r `Gary?ubb,- r ar y' i t /L�mmmtam c�.trn y 8, 1974 RECORDED AUG 29 1977 w 1954: , Y. 1954 _ Then-personally appeared t'^.e a!rove-names -en d-i ck ._._Paine and acknowledged the fore oinrr .instrzrent to be his i` free act and deed, before me - i i Ii• ', 71 i Tlotar4 -public h*:y commissicn (? expires I!i, II _ Barnstable, ss.--Received July 26 1 , 954, and is recorded. , FORM L83 M.Y.DEED—WARIURTY—1E Li-Co.enn•3 et 3017,Cl-D.681, Clap•s!?:.a.ro.1 l9321 .Tir,:,?....Pr:.r,.PuJr,rw•r:.,i',.,/.,nr.;�. •,5,,, Ll � _ � - .hi j I i. 9 !- i• Made the 30th day of Juir r,r r N'ineleen Hundred, an I III d - t ?ifty-one =p i: F f. �. I i %'°6 3tltl+6 tl SQ Ti i.iG..^.te c J. O r 2n� - Y _- on Ya Ii ?lace, City of 31 ^a:ltc,r_, Sroome :nt; a _ork part ; of tlu- /i.rst part,and ALVARO MAITOS of Cotu:it, I Part- of ULe second part, tluet the. Nert Y of the p.rsl IxLrt, in consideration of -Dollar i u-. a li ($1.00 } larvjicl money Of tlu United 81.0tAs, and othn- Co':d and valuable con.eideraticn paid liy the party of the second part, I. - I!i do hereby grant and relAuse unio the party of the secon/b part, his iheirs and assigns foreuer,.1a= ALL TWIT TRACT OR 'nRC?3L OF LAND situate ac or near y `"' the Villa' C- ge of Cotuit, County of 2arn3tabie and Cor=on?/eaith of •.I�.I I i Yassachu3etts, described as follows: II' Lot No. 23 as shorn and delineated on a man-made by isl F. 0. Smith, C. U. entitled "Bay View Par!-, Cotuit, aia3s. Cape Cod" i Piled ^:ith BarnAeble•Couut7 Deeds in Plan Book 19 ?age 31 and being partcfthe same n�iemises ccnveyed to 'glory J. Davies by Cherles 01`leil by deed dated August 29th, 1927 and recorded with said Deeds Book B Page 121 and by deed dated December loth, 1927 and i recorded in Book �{5i Page Imo, _- Being part of the same nremi3e3 conve-7ed to the warty of the first oart herein by deed from the Town of Barnstable dated _,:712 ,: �.945 and recorded:•:on' December 19 i� -945. �.-th_e' Baastabxa..: :::.:-•: �' gistig a.* Deeds. Said promises were formerly owned b7-.the -oai-ty F ' rst'pert'herein under her maiden name, SSa; J...Davies r lag -osrve7 A to said Town b7 deed dated Auguat',22, ' 4-9 and r:.rrti3 : fed in Baok...at=Desd's.�T3..at.page::37:. - F> _ .. E This coave"yanoe is made and accepted sub Ject• to=alLtaaest tecoma due and payable after the first day of Januarg _ = & $rtoitir the appurtenances and adl the estate and party of the first part in a77d to said premises, -"T T 3I the premixes herein granted rwtto th,e-par6 ' - - _ .. of the second part, his heirs a7ul assigns-orever. —------ _ v, �IIHfl�Said IVP.Y MILLETT"3 cm:Nn.ant cr_¢`fi7llows: . i i 3rgret.That the part of the serond, pans, sh ad• tp,11,11y enjoy the said premwe-8; .t wiU forever 1QU o'��}i��e0(fIIIt the tills h, said premises. +. air). L'lcut, iu ('r.)/Ipliunr•r !r'iilr Pt ul'Il;•: l,i,a L.nu•. the 4miaur will receive the. r:un.;:ilL r:ruliun Jr,r lhis ruhrrj;nger:ornl 14'ill il„l,l (l/••rir%lr/ 1„ cuwiderutiun qs a lyd..v!jrY/J.,/lr, br I/ppli!Id/i.r:;/i'r,r lr,.,•purpr,>r. ,f Pru/il,.^ /l/4 rust Of the iin.prove..inwil rz/„/ will nnpl,l /hr .v.71rr: firs/ /•, ;Jr: p:nrr,,.rl.% ;,f'ih,. rr,r/ ,j/lime ' 17Yiprf)i,e7'17 f'll l• l,(rjllrr:II.Y%„/'i/!I!//•rI/'l r,l'/%r r• ll,/r!l..i`r r,r ::rl:,1.r'�.,/'r;/::/r,l lr„/'plr.'I;I,Ye. $UIlDtIQ'5_19v LONkvn of , the. l art* of ll,r. fir s1, port has herewnto set Ter hand and srcul the day and year /first above written. ��tt�ltvsenrr i�l } _ lit 4 N Yr x/zb . f ,RY J. D.. d 0.1 :� _ , Lounty of BROOMS of J On this 30th day of January Nineteen Hundred and - Fifty-one before me, the subscriber, personally appeared :d'?Y MILL=T='i to me personally known and known to me to he. the some Person de.9cribed in and who executed the u!itnin Fn arumen,,, am shire duly acknowledged to me, phut VIc ezeczded .`he same P-r-': ,-__.. :�• s= or-lerlf i� ;nary J. Davies. , I, -T is dam_ — I , I.WU ETAM H.MOO&Clerk of the Conaty of aroome, bad also Clerk a,Ule Coanty and supreme caurta for anld �Cuuaty,said COWU being Cnar'ta at'.ecord,do her"by,.Wrtry;ha[ We Yo /tart P�Ily�befare whom the within acknawlydgmgnt,'wae•'made, wnm at the - .. - 'Ime of taking'fhe cam-mtbortaed by the Iaxa O! :ho.9taLe.at New York to take ' acknOwledpmeata mad grants of deeds of Conveyaacos [qi•suWa,renementa and heredl- . tam m altuate,LytnC mad being In.mild State of Yew York, :4nd farther that I am sell acquainted with the handwriting of such Notary Public and verily believe that the signature to said certificate of#mot of ackaowledgmeat I9 aeoulne add Chet as lmprsg, - e10n Of the 60aI Of such Notary Pnb11C!a not reguIred by law to be filed In this ofddw - In teetlmony Abeeeof-I tine hereunto set my hs l!a }Tzed the seal of the said T Coons and Can=,the day of- ,(.- •w ///f z / - 19 1 / WUZ 7a♦r 3•7LOOE, Meek " .77 / *. 'l �.._.�,-._.,.t✓A DOMY fart - 1 9arnetable, ss., Received July 26, 1951, and is recorded. r" i I � -�ri+� - t�rwWJ4.w.�D�LM1NT�; NSA,.??l�v - _ YW� �•- I w� direction along the shore of said cove seventy-five (75) feet to 638 the point o•f beginning. The grantee and her husband and their heirs (but not their 389 I iassigns) • hall have the right to hunt on the entire shore of the said fresh ater pond. Being pa t of the premises conveyed to me by deed- of Mary t F. Linnell, date ct. 27, 1944 and recorded with arnstable Registry of Deeds, ook fi2': PaF;e 84. • I (The consideration bein less than ?100 0, No Federal Documentary Stamns are affixed.) I Ralph 3. Foster husband of said grantor, _.._..z..._.............:..............._......................_................................................._. _............_................................................._ S� / .. .. ... ..............._.........._...._..............._....................:..........._... � I release to said grantee all rights of tenant.}`by the curtesv d other interests therein. g g dc�FxaY� did itncss.......o.ur.....hand s and'`seal s this..Io.u.rteenth..,.,.....day of.............D.edemb.e.r.................1945. ..........:....................................................... .. ...._...._.......................................................................................................... ... —74... i . / Mbe CommonWeattij of : faggacl)ugctts Wore ter December 14,...............................19 45. .� ......................................SS. ; Then personally appeared the above-named Viola L. Foster ................................................................................................... ......_.................................................................._................_.........._.........._.......... _..._...__.._._. and acknowledged the foregoing instrument to be......hp.r'.................free act and deed,before me i Noyry Public 1 ntr comm,.,i.o wi,.. Oct. 311— -..-19 52. I I i Barnstable, ss. , Received December 19, 1945, and is recorded. I ��. The TO7iN OF BARNSTABLE, a Muhicipal Corporation located in the County- of Barnstable and Commonwealth of Massachusetts, for 204.41 paid, grants to MAtY tdILLETTE residing at Owen Hill, R.D. �I 1'Lisle, Yew York, the land situate in said Barnstable, at or near the Village of Cotuit, so-called,; described as follows! i I I i Lots ##19, 21 ,and 23 as shown and delineated li on a plan made by F. Cl. Smith, C. E. entitled "Bay View Park, Cotuit, Mass: Cape Cod" filed with Barnstable County Deeds in Plan Book 18 Page 31 and being the same premises conveyed to Mary J. Davies by Charles I O'Neil by deed dated August 29th, 1927 and recorded with said Leeds Book 448 Page 121, and by deed dated ' i 'I December 14th, 1927 and recorded in Book 451 Page 426. I ► 639 For the Town' s title reference is made to the deed of the 3�1� 638 i said Mary J. Davtes, by Collector of Taxes, to said Town, dated I I August 22nd, 1934 and recorded with said Deeds Book 503 Page 537, it and to the Decree of Foreclosure entered in the Land Court. :590 January 12th, 1942 in Tax Lien Case #20381 as will more particularly appear from the Notice of Disposal recorded with said Deeds Book 589 Page 301. I IN WITNESS WHEREOF the said Town of Barnstable, this 14th ►I day of December, A.D. 1945 has caused its Corporate §eal to be ' hereto affixed and these presents to be signed in iti name and,' I behalf by CHESTER A. CROCKER, VICTOR F. ADAMS and JAMES F. KENNEY, I II its SELECTMEN, -hereto duly authorized by vote of the Town while: I acting under Article 19 of the Warrant for the Annual Town Meeting, duly called and held on the 3rd day of Iviarch, A. D. 1943. b�.Fl ! TOWN OF BA T LE, kA ;nS;ectmen.. ,A wasS. ,63�� �.Jam : COMMONWEALTH OF MASSACHUSETTS. I BARNSTABLE ss. December 4� 1945.' i Then personally appeared the above named CHESTER A.' CROCKER, VICTOR F. ADAMS and JAMES F. .KENNEY, SELECT1MEN, and acknowledged the foregoing instrument to be the free act and deed of the Town of Barnstable, before me- II -Justice of the Peace. My commission expires 5-V1—S1 I Barnstable, ss. , Received December 19, 1945, and is recorded. I I I I, RALPH E. WOODBURY, i of Boston, Suffolk County,&Iassachtisecte I a.i.g..'' o ied, for consideration paid,grant to ANDREW TER30N ,{ f of Arlington, Middlesex County, with tti�'rntietiarit�'Q , the land in Barnstable (West Hyannisport), in'said County of Barnstable' bounded and described as follows: �.-...!,.. i I i � -—; nn+• h�,ede sadseal3 th 12th a yof :i •,mh4. t9A8 707-' tz nod .. . . . o: of �Id � M Th _ BarQgtA'hla _ v--- NQV m�2 19-4E - the td - eme personalty appeared the above oaaed-__ a ds. fob erti.��oodr, f free as and deed,before me tmAc _ aad admowlcdged the forebrom•^iastrummt tob< his a " r Y~,,n;c0 1,• �8ll t Barnstable, as., Received November 15, 1948, and is recorded. i� '+ The TC":rii OF B: .??ST�3LE, a :�=:ic_Pal Coraoratian lccaied-_ t_te j;•.. count-7 of 3a:ns a le ar-a Coj:on:: altl+ of :assac_:_-errs, for a, a .. _.5rt*•r_ Bundred (<�500.00) Rollers :aid, sra;ts to i:;a:� �5 and n :T"OS, h+!sbaid aac crife,, a tc vnts b 1e erttxetm•, _R_ a i both o*' •3s^tstable (Coteitl, Ba___s:able COU=7, l::assaci.usects, , a certain Farce_ of and si�:ete _a ' nt ^a: o:" t-a Tcrn of %-4arn- 1•. stable c^o r. as Corait, •7e1a6, descr:bet as Lcts 2., 25, 25, 27, 2e, 29, 30 anti31L Lcts 2_ ;o :1 1nc1_s ve s 21az of .art entitled "Ba'_ V_e•a Par", ore" re- i• ccrced ti it:,�Bac:s stile Co:nt Lee'.= in Plan Zoo?c 1?,?age 31. Said land is so dascr_bed in a deed of i:a:les O'::eil-to ;lice es deter :iovaz er 15, ne stable count.; Doeds 1n Boo{ !01, Pa,;c 117. ine sate laced is uescr`_bed i.n a deer of a_ice 3-=dies t� i William F. F-s-^•_dles d--tee; 15:>:, recor_.e:.. ::1 h said - deeds in Book 46c, ?age _02. rot tLe Tovrn's t'_tle refercr_ce is tnade to a tar_ deed •:'-ated IAugust 2`L, 1°�4, recorcea ;;�t sald deeds In.Book 503, ?age 314, ,� �I and to a.deer of e T:ea3:�_cr c; tE a ^_o:.n of 9a >e_table to ti>e ^_o»r dated uC-ast 26; 1952, recorde• rr:'i: sal deers moo:= 505, Pa?;e 173. .'.efer nca is also wde to an af`.'idaait '; th-3 Ce^_- - l' n n Ln n_ssioner of Cornnrations and Taxation ^.coed=d o== ou_; 2&, to ^.:tr said deeds iz Book 504, Pena 130. _ -- - ✓"_ i� r:: =fig :LO= th- said To•..r_ o= Ba ^. tavie t:3s J da, of O `�```: r1S`�, -tea causad ita ccrnoraas sell to be hereto k be aPf r_ed and these ?resants to be slzned 1 n 1 s:_ann an- ba^_1: by �. - ! Chester A. Crocker, V=c for F. A<iar_s and, F. �"^e�, its _e- T [: leetnen, hereto duly au 'o rote of said ^otrn. II F;. �o '" TAB. �::° _ I a: li.`•i 7OZ -- TO"-� OF BAP.i{STr_E:S BY <<• . Se lee tnen. - THE COTQ:ON%5SAI.TE 03 i•_<u`'iSA01=GETTS _ I Barnstable,ss. `� �^ 1948. Then. aersonally ap-jeared the above-named Chester Crocker, I : { II• Victor P. Ads= and James ?. Rcn^_ep, S•;lectmen, and sc'.monled,yed the forego=. ir_strur..ent to be the free act and dead of the Tom - '•Fi I of Da astable, before me _ j`.; ,. i { - - 'Ttt� ! _ ; conrlss±cn_e:<t_Tres: 5i:,.l ('t Barnstable, ss., Received November 15, 1948, and is recorded. I�' I SP_RINGFIEL SAFE DEPOSIT AND TRUST COMPANY, a banking corporation duly established under the laws of the Commonwealth of Massachusetts and II having its usual place of business at Springfield, Hampden County, Mass- achusetts, for consideration paid i greats to G:ORGr. H. STZLL90V and ELLEN L. STI7-L305, husband and wife, both residing at No. 27 Jamea - i: Street in Greenfield, Franklin County, Massachusetts, as tenants by the \ entirety, with quitclaim covenants, the land in that part of Barnstable, a�:';I Barnstable County, Massachusetts, called Craigvilla, bounded and de- 7 scribed as follows: BEGINNING at a point in the westerly line of Greely Ave_mxe, as shown on Section No. 1, Plan of Seashore Lots belonging to the Hyannis -Beach Association;-om Vine ard-Sauna--Barnstable,-• � � � Y Barn ahTe -Mass.'-" by Oeabett and r I I .. 4 � ' is i� 2413. .Au oil 4110 2.1'791. '!e, Fernando I.. Procoplo and Coyle A. Procopio, husband and wife, as tenants b'1 the entirety, both ; fain Street, Cotuit, in the Town and County�of Barnstable, •rr; in the amount of Six Thousand Five `hundred Dollar ',ft.zb rnr comidrratlon tudd•taunt to ^aru-, Pn•rl Oel'arco or Barbara Louise DeVareo, husband and wife, as tenants by the entirety, a! 33 .3unmr Field Drive, 'a'indoor, Connecticut with psildalm tvanmuds • �`'�` trbrchndmac �!•; PA°^.'?, I. The land in Cotuit, Maneuohueetta, beiM Lot No. 16, as eharm on a plan of land of reorr;e P. -1une0ll9 ?Bay View Park, Cotuit, Massachusetts' N. recorded with 11mrnatnbre County-Reristry of Deeds, Plan Book 19, Page 39► being bounded and described- as- followet �.,;.: •- ;IOZrt?'Rii�7+.h.;C�??i,7 by Lat.No. 15 One !htutdred (100) feotT ' f��Y\ G01M.rr..ASTM.LT by Charlotte Avenue ?Sfty (50) faetT I -< SCh1T<r;MT7 LY by Lot tTo. 17, One hundred (100) feed and 11C'.iT't4=..3T",1LY by Lot No. 22, Fifty .(50) feet. _ x• Containin5 accordinrr to said plan Five Thousand (5,000) square .feet,- be the-some more'or--loos—. - ------.' .. _."_--------- -.-- — �+ •: PAI!17t. TT. A cortain parcel of land situate in that part of the Torn of "!( Barnstable known an .^.otuit, beinv, described as Lots 15, 20, 22• as shown on a plan of land entitled "Arty View Park, Cotuit, yass. Cape Cod" recorded with rn Rastable Corutty Roriotrl of Deeds in Plan hock 19, Pave "Said land is ,fi r`• part of that doncribed in a deed of Ceorr, :P. Ruccell to ..d-ar . . Bassett i dated Februarl 6, 1920, recorded with 9arnstabls County Resiatry^of Deeds in Book •153, Parr 55. i rC ', PARr.7. TTT. The land situate in the Town of i3arnotable at or near the Pillars ;,•.: .,U,. of Cotuit, Commonwealth of h'.assachunetta, described as follower Lot s`19 and ?21, as shown and delineated on a plan made by F. C. Smith, C. ::., entitled "Ray View Park, Cotuit, ?;ass. Cape.,Cod" filed with Barnstable ? Cattnty Reristr,. of Deadn in Plan Book 19. Page�Iand being the same premises S: conveyed to Vary J. Davies by Charles 0111nil by deed dated Aurust 29, 1927, and *• recorded with acid Deeds., Book 448, Page 121, and by deed dated recember 14, 1927, and recorded in Book 451, Pars 426. Parcelo I, II, 7II are conveyed topsther with a rir ht of wa:/ r ver the ways i` as shown an the ai•orcmentioned plan for all purposee for which seal ways are 7t.{ corm anl; used in the Town of Barnatable. For title, see deed of Cavle A. Procopio to Bernardo J. Procopio and ,` Gayle A. Procopio dated i'arch 13, 19739 recorded in the Barnstable County nt c�- Rerictr of Deeds, Book 1824, Pave 343. and also deed of Donald 0. Sturgis and Ruth B. Sturrie dated June 16, 1972, recorded in the Barnstable Count? Regiatrl of Deeds, Book 1673,'Pace 121. Also see deed of rary Millette to Donald 0. Stur•-1e and Ruth B.'Sturzis dated December 7, 1951, recorded with Barnstable County Registrl of Deeds, Book 822, Pane 272. Executed p a sealed instrument this /F71, day t tl S 19 76 , �yy• I 'spa: x4t tIIonintOM alili of laeaar#zSri2a 97 6 .� Ti van- an personally appeared the Axwe named 0. 'a,'•' ��^ and aeknewledtrid the(OreROlnq Insm,ment to be'�'� free set and deed. •}'! ♦ �s .�•; i }� � , /ten/ i'.i_U ♦ .• �• . a• COMMONWEALM Of At.4`SACI •1'. ITS Bvofi M0. ti+ -�Ulswv •'� �'' . j�ll 1 t1 7 L I S U Fredr4c Pall kY Ilrrr, �i� '•: `� ve OC:t 4•f6Y-1 I My mmmi�lion r"pj6rMn 1"1Qn '_c.uu iati j]„1•J:'71"•�� . .. =- _ =�•y= - RECORDED OCT 18 LC96 _ __---_.• -_-_. t eouh 18-21-mcc:. 343 08200 I, GAYLE A. PROCOPIO, of La-'J411a,. California, for consideration paid, grant to BERNARDO J. PROCOPIO.and_GAYLE.A.. PROCOPIO, husband and wife, as tenants by the- entirety., both of' Charlotte Avenue, Cotuit, Barnstable County, Massachusetts, with QUITCLAIM COVENANTS, the land i � in Cotuit, Massachusetts, being Lot No. 16, as shown on a plan of }t ' land of George P. Russell, Bay View•Park, Cotuit, Massachusetts, re- corded with Barnstable County Registry of. Deeds, Plan Book 19, Page - 39, being bounded and described as follows: PARCEL I• NORTHEASTERLY by Lot No. 15, One Hundred (100) feet;.. SOUTHEASTERLY by Charlotte Avenue, Fifty (50) feet; SOUTHWESTERLY by Lot No. 17, One Hundred (100) feet; and tS .' NORTHWESTERLY by Lot No. 22, Fifty (50) feet. f. :. Containing according to said plan Five Thousand (5,000) j r square feet, be the same more or less. PARCEL II: A certain parcel of land situate in that part of { the Town of Barnstable known as Cotuit, being described as Lots 15, 20, and 22, as shown on a plan of land entitled "Bay View Park, Cotuit, Mass., Cape`Cod", recorded with Barnstable County Registry I ::A =; µ of Deeds in Plan Book 19, Page 31. Said land is part of that des- : r�' cribed in a deed of George P. Russell to Edgar F. Bassett dated February 6, 1928, recorded with Barnstable County Registry of Deeds . in Book 453, Page 55. .. 1 PARCEL III: The land situate in the Town of Barnstable at s " f or near the Village of Cotuit, Commonwealth of Massachusetts, des- cribed as follows: Lots #19 and #21, as shown and delineated on a plan made by ' F. C. Smith, C.E., entitled "Bay View Park, Cotuit, Mass. Cape Cod", filed with Barnstable County Registry of Deeds in Plan Book 19, . �) Page 31 and being the same premises conveyed to Mary J. Davies by �) r Charles O'Neil by deed dated August 29, 1927 and recorded with said r:� I Deeds; Book 448, Page 121, and by deed dated December 14, 1927 and # ;t. recorded in Book 451, Page 426. Parcels I, II, III are conveyed together with a right of , way over the ways as shown on the aforementioned plan for all purposes for which said ways are commonly used in the Town of Barnstable. t The consideration for the within conveyance is less than $100.00� J For title, see deed of DONALD 0. STURGIS, et ux, dated June 16,. 1972 and recorded in the Barnstable County Registry of Deeds, Plan Book 1673, Page 121. See also, deed from Bernardo J. P 1 ; Procopio, et ux to me, recorded in Barnstable County Registry of Deeds, i Book �69s , page �� WITNESS ipy hand and seal this 13 day of yjC , 1973. � } aye A. Procopio i l • , eoux 1824 Tact 344 STATE OF CALIFORNIA ;.. i SAN DIECO COUNTY :se March 13, Then personally appeared the above named Gayle A. Procopio and acknowledged the foregoing egoing instrument to be her free act .and - - - deed, before me, 11 Notary Public Linda D. Del in My commission expires: $ ORFOAL StAL ', S Lj LINDA D.DELIN NOTAIY FUEUC•CAUFOINIA , FLINCI►Al oFFIC!IN My Commisslon Expire RECORDED MA -0t913 I racy 1695 r�,� 189 21472 jl caueed WE, BERNARDO J. PROCOPIO and GAYLE A. PROCOPIO, husband . e to b II and wife, as tenants by the entirety, both of Charlotte Avenue, by I! Barnstable County, (Cotuit), Massachusetts for consideration paid I� zed grant to GAYLE A. PROCOPIO of Cotuit, Barnstable Gounty, Massachu �I setts, with QUITCLAIM COVENANTS, PARCEL 1. The land in Cotuit, jMassachusetts, being Lot No. 16, as shown on a plan of land of 1� II George P. Russell, Bay View Park, Cotuit, Massachusetts••„,recorded ! with Barnstable County Registry of'Deeds, Plan Book 19, Page 39, "v ii being bounded and described as follows: Yew en ' it l�. ... Z ;I NORTHEASTERLY by Lot No. 15 one Hundred (100) feet; `�� '• S '• SOUTHEASTERLY by Charlotte Avenue Fifty (50) feet; SO.UTHWESTERLY by Lot No. 17, One Hundred (100) feet; and i. NORTHWESTERLY by Lot No. 22, Fifty (50) feet. { ;I Containing according to said plan Five Thousand (5,000) square feet, be t2ie same more or less. i t 'I PARCEL II: A certain parcel of land situate in that part of the Town of Barnstable known as Cotuit, being described i as Lots 15, 20, 22, as shown on a plan of land entitled "Bay 1972. .l View Park, Cotuit, Mass. Cape Cod" recorded with Barnstable I County Registry of Deeds in Plan Book 19, Page 31•. Said land i nott Y= is part of that described in a deed of George P. Russell to ct Edgar F. Bassett dated cebruary 6, 1928, recorded with Barnstablel ;I County Registry of Deeds in Book 453, Page 55. :j PARCEL III: The land situate in the Town of Barnstable! at or•near.• the-Village of Cotuit, Commonwealth of Massachusetts, i described as follows: 1. .I I I' Lot # 19 and # 21, as shown and delineated on a plan i made by F. C. Smith, C. E., entitled "Bay View Park, Cotuit, Mass..Cape Cod" filed with Barnstable County Registry of Deeds II in Plan Book 19, Page 31 and being the same premises conveyed to Mary J. Davies by Charles O'Neil by deed dated August 29, 19271 and recorded with said Deeds, Book 448, Page 121, and by deed `I dated December 14, 1927 and recorded in Book 451, Page 426. Parcels I, II, III are conveyed together with a right of !I way over the ways as shown on the afamnentioned plan for all I !I curposes for which said ways are commonly used inthe Town of Barnstable. " The consideration for the within conveyance is less than I $100.00. For title, see deed of DONALD 0. STURGIS Et Ux, dated I:• ;l June 16, 1972 and recorded in the Barnstable County Registry of Deeds, Plan Book 1673, Page 121. I f , R i a d:h�' ,y�ytf Kt twi�s.7�i�.y`1 a r. ♦£'�� S ter. 11,e..�;-'?S;{ jo { is • �' S1 Yx "�k - '� t • • • ." _ '�• • t � ,i^ nth;s. 1 - •- • - tat e~ 1�`i s ?" A� o•, Y hwy L,�Y • f"'4�`S�i SLY tY-n ' sti: n w Safi y3 r;• . v _ �!;� •Y h - _.. ---- 6001(1673 PAtE 121 a :.a.s y._:'.r. j 17282 i We,. Donald,0. Sturgis.and Ruth B. Sturgis, husband and wife as tenants by the ' 9!c entirety, both oC Yarmouth Barnstable County,Maaachusetor et Of ;fat Sir thousand ( $8,000.00))pollars conrideradonpeid. ,d to ::R ' ¢mnt to Bernardo J. Procopio.and Gayle A. Procopio, husband and wife as. ........... tenants by the entirety, both of Ck4o"rrC r9ua, Carurr., /Wf55, od ' is with 4atttfatec cobenartl * n PARCEL 1. The land in Cotuit, Massachusetts, being Lot No, 16 as shown s. on a plan of land of George ?VAAMQ =KP�rk, Cotuit , Massachusetts, �r = _>^• recorded with Barnstable Deeds, Plan Hook 18, page N39, being bounded and it described as follows; ..- _ - ' a NORTHEASTERLY by Lot No.•15 one hundred (100) feet; e SOUTHEASTERLY by Charlotte Avenue fifty (50) feet; f SOUTHWESTERLY by Lot No. 17, one hundred (100) feet; and —' f NORTHWESTERLY by Lot No, 22 fifty (50) feet. i x Containing according to said plan five thousand (5,000) square feet, be the same more or less. - For title see deed of Margaret C. Drake to grantors herein dated August 13, j y 1949, and recorded with Barnstable Deeds, Book 729, page 213 . PARCEL II: A certain parcel of land situate in that part'of the Town I of Barnstable known as Cotuit, being described as Lots 15, 20 and 22, as shown on a plan of land entitled "Bay View Park, Cotuit, Mass. Cape Cod recorded with I Barnstable County Deeds in Plan Book 19, Page 31. Said land is part of that i 1;- described in a deed of George P. Russell to Edgar F. Bassett dated February 6, : 1928, recorded with Barnstable County Deeds in Book 453, Page 55. For title see deed of the Town of Barnstable to the grantors herein dated ``•. January 27, 1949 and recorded with Barnstable Deeds, Book 713, Page 206. !i r; i PARCEL III: The land situate in the Town of Barnstable at or near the :3 Village of Cotuit, Commonwealth of Massachusetts, described as follows: Lots#19 and #21, as shown and delineated on a plan made by F. C. Smith, C.E., entitled "Bay View Park, Cotuit , Mass. Cape Cod" filed with Barnstable i County Deeds in Plan Book 19, Page 31 and being the same premises conveyed to _ Mary J. Davies by Charles O'Neil by deed dated August 29, 1927 and recorded i 1, with said-Deeds Book 448,. Page 121, and by deed dated December 14,, 1927 and re- corded in Book 451, Page 426. For title see deed of Mary Millette to the grantors herein dated December 7, 1951 and recorded with Barnstable Deeds in Book 822, Page 272. Parcels It IIt and III are conveyed together with a right of way over the ways m shown on the aformentionod plan for all purposes for which said way§ are, are ooamonly used in the Town of Barnstable• 'f i66K 16 l3 1 act 122 : . j s F - ..................................................................................................................................... ...... ......_......_................... _.._...................._._........._..........._.................................. ................................ � s _ . 39Ittuss...our........iandsaad sealsthia.....................: ..� day oi...........Iuna........................i9.:i:.... _ . • - 71 = O r n .� ...I 0!7 - O ..... I - z w" j •O w w 1kr lluuus M= a4 if 3gmaiMMrtbl 3ARr ! L..:.. 1 A n hen monad a Donald Q. Stur?ls T }� {){X'atGa inG 3bOVG-namCd................ .." .................................: .................................................... _ and acknowiedM ;Se foregoing instrument-o be......:Lis...........iree act ana deed.Seiore me 5C IYo...r....me,............ r f _... ......_....... R ... • 1 1 y 21 Xl72 0 4r^nrn� i E 9' I ditch to a corner in the marginal ditch; thence in an easterly direction -• QQ nnu in the center of said mark nal ditch-to a point at other new cranberry bog-now or formerly of Peter Lopes; thence Southwesterly in a straight line - € as anown on said plan as separating Late C and D to a corner in the line of a ditch; thence Northwesterly by swamp of said Peter Lopes and for the- -- k3 '2 7 2. ': greater distance by swamp of Manuel Fonseca shown as Lot a on said plan -- Ei! in the center line of said ditch to the ooint :f beginning. ! -_ For title reference to said two lots of cranberry bog, see Deed of Peter Loves to Hanel Fonseca dated April 15, 1937 and recorded with Barn- i 1 stable County Deeds, Book 680, Pa&e 101. - �; Said Kart' Grace Oliveira, one of the grantees, is the mother of said `"__. _arcianna F. Pena, said grantor, who has pow become 21 years of age and is - neraky conveying her ownership in said above described property without L ceneideration to her said mother. 3 I, ROUND P CA :husband of said -rantor, Idarcia: release nia F. Pena, e , r e e to iF t:he grertees all riobts of Tenancy by the Curtest' end all other interests in tba granted premises. - '14i:ZSS our hands and seals this t';'.l�-tsent•;1 day a'Sapt:eciber.,,1952. L; - i ' as. Sertgber lj, 1972 jPersonally apr"eared the above-named 1A:-2:A F. PGA and acknowledged #i the foregoing instrument to be her free act end deed, -- I - I�. oefire me; I ll f - 6 Notar. Public Wv co=iesion expires •terc!, 12, 1954. i Barnstable, ss., 3eceived September 1S, 1952, and is recorded. Il - hii' of 15 Iw,on In the City ..'_n;�, ^u, I'Oo:ze uunty, .._,. 'COY1C, being un -,_rrie_, for . ants tv 1)0'f;-LLD 0. STUir,IS and RLP I B. :,tli .. I s S^L'R':IS, bis ,rife, as tenar_ts by the entirety, of Cotuit, Coro wealth of Icassachusetts. with .Arrant; ccve-ants, the lard situate 'n the Tov.n of Earo- �j' 'fT7. stable at or near the Villap:e of Cotu_t,. Co_ronv:ealth cf 11 "••...sacbuse tts• esc. -bed as follows: Lots �F19 Znd �21, as stOwn and delineated on F_ plan made bJ F.. C. Smitt, C. E., entitled ncay View .`ark, Cotuit, ?.'ass. Cape Cod" filed kith Zarnstable Count Deeds in ! I•II Plan cook 19 Page 5= and being the same premises conveyed to -- I :: 4. Uary T. _Daviea by Charles OfNeil by deed dated August.29th, I927 and recorded with said Deeds Book 448 Page 121, and by 822' deed dated.Deeember. 14th', 1927 and recorded in Book 451 Page 126. 2 7 31 i Being a portion of the same premises conveyed I by the Torn of Barnstable to MARY wr.T•ETTS by a deed dated ; December 14, 1945 and recorded in the' Barnstable Registry of Deeds on December 19, 1945. r h. fi=TII$S5 my hand and seal this 7tb -ja of December, 1951 Seal STATE OF NEW YORE: ss: COUNTY OF DROOME Can this ',tb day ef-Decembers Nineteen Hundred and Fifty-one •cefore ,as, to subscriber, personally appeared i-kRY _r-_ EIZITTE to die _.ersonally L—nOwn and :_tlotiv to me to be the `. same person describcd in and abo executed the within instrti,ent ! ' ar•d s'ce '_uly ackno:+led:ed to me th she zed beet , le 2?olarj 'public oSCdc of �Sk i . �dB cE f"u"; . L WUXaAM Z.HOOK,Clark of the Comb of Broome..and oleo Clerk of the Comb and eumems Coufte to sold r.- County.sutd Coarta being Courts of Record,do bereby oertlty that FF ' the Notary Ptlbik bdaae whom the vlihln at.Ya edgmeat was made, was at the . time of tnk}na the same aathadaed by the laws the State of New York to take -•i acknowledgments and Proate of deeds of coayayanoee tar leads,teeamenm and heredA •tamacts altnatq lying and being in said State of New York, And furthar that I am wez. i acquainted with the handwriting of such'Notary public and-rertly believe,that the j sisnamfe to sate oertlacats Of Proof of aehaowiedameat is genuine sad that an immee. din of the seal of each Notary?mbik Is not required by law to be illed In this office, In testimony WIW6 L I hereunto set my a9sad the seat of tha'a dd ootcae and County,the —day ot)b.4—:0_P�A t AL111— Is t 7 mn?.rau a n4=CEeck ' . nenaty Clark I . W. Barnstable, ss., Received September 18, 1952, and'is recorded. ,; G * 720 Z, M&rgaret C. .Drake, a widow, Suf f o lk Conatp,Ma—abets, of Boston,. was for eoeado%tion paid.gram to Donald 0. Sturgis and Ruth 3. i husband and erife as tenants by ;he entirety, and not i Sturgis, . I . as tenants in common, of Cotuit, Barnstable County, a with gmtdaa mhoat�tA I- the laadin Cotuit, YAssachusetts, being Lot P7o. 16 as shoem on a Plan of . lead of George P. Russell, Bap View Dark, Cot;ilt, 'Liassachusetts, I. reeozded with Barnstable Deeds, plan Book 19, page §39, being bounded -- - - — and described as follows: NORT-mASj:-:= by Lot Vo. 15 cne hundred (100) feet; SOL'�.iS�RT� by Charlotte Avenue fifty (50) 'set; v 1at .70. 17, one hundred 110G) feet; and ?IO?TfiPl T:3L'_' by :,jt No. 22 fifty (50) feet. I j Containing accorling to said plan file thousand (5,000) scuare i I feet, be the sane =ere or less. Fo= my title see deed of George ?. Russell to Doha B. Die dated January 14, ls27, and recorded vrith 3a-nstable_Deeds, ic book s, ac2k i rage 556; and also estate of Sohn L. Drake, Sufi 'Probate Court 17?39263. Also another oa col e. land im Cotuit, ?Yassachuset,s, be'_ng �t -:c. _ as shovm on a pla= end of Ceorga =• russell, n2p View , Cotuit, Of l i{assachusetts, recorded with 3arastabie Deeds, ?lam Dock 19, Page A% , being bounded and described as follows: ROET3re SAY b7 l.ats No. 9 and 2 as shown on said p18m by tsvo 1+_es teiag ninety-^ate and 0_/'-CC (99.04% Feet; SOUTASiy:tLY by Sears Avenue as. shown on said plan sixty (60) � feet; SoUT=-hTSTZMY by Lot No. 5 as shown on said Plan ninety-nine and I. 54/100 (99.54) feet; and i ,�oRgL+, gLr by Lot No. 7 as shown oa said p1a= iftp (50) feet. 9 Containing accor;iag to said plan five thousarn, four hundred dad L��i�63 ven (5,447) square feet, 'oe the same more or less. I •. �. my title see deed of George ?. Russel_' to Sohn E. Br'-Ye nuary 14, 1927, and recor3ed with Barnstable Suffolk ProbateBCour- — ; and also estate of Jcha S. Drake, rt. -7 aq 4{ l 724 sad seal thee_—..Lday of_/ ?.st Ut Cvmwmftmftb of AM"abusetw SDFTrO Aug us t „ 49 '. i Q Thm PexaoaaW appeared the above 3amed_t:!$a�_C. Dom-,•, ----- ..__...... and aelmmvledged the foregoing ilf8tr -t to be—~eS ee act and deed,before me _ _ Barnstable, as., Received September 14, 1949, and is rsoorded. of A`� _e_ � _ ssacncsetts being Xmarrwi,for consideration paid,grant to of •.� •••tyl. �ji.a; J .c�t, with yadZ{sixt[ tubnraxxts - the land in i - -7I 3 =- 71.3 reoorded.with Barnstable county Deeds,Book. .520 Page 329 _ --- aclmowledges satisfaction of the same. - In witness whereof the said SEAMEN'S SAVINGS BANK has caused its corporate seal - - to be hereto a6ued and these presents to be signed,admowledged,and delivered in its name anti SSA to i bY Marjorie H.Ferranti,its Assistant Treasurer,this twenty-eighth r'°'�.qQ 5�• - �1rs a .: a to Of January .A.D. 19 49 SEAMEN'S SAVINGS BA ?'" llli�?' b , Assistant Treasurer Cotamnamralta of filassarl morns BARNSTABLE,SS. -- -� s ...:ary 29, 1040 - -- — Them personally appeared the above named Marjorie H. Feaanti and acknowledged the foregoing instrument to be the free act and deed of the SEAMEN'S SAVINGS BANK before me. /_ Barnstable, ss., Received .Tanua=y 31, 1949, and is recorded. - The T04V11 OR BARi<STABLE, a kiniei al Coroorat'on located in P _ ;. • the County of 3arnstable and Cotraton:iealth of Uassachusctts, for one hundred fifty ($150.00) dollars paid, Wants to DOi4kLD 0. STURGIS and R?Pr D. STURGIS, husband and ''wife, as ter_ents by the entirety, both of Melrose, Middlesex County, :dassachusetts, a certain parcel of land situate in that part of the Town of Barn- stable known as Cotuit, being described as Lots 15, 20 and 22, +' as shown. on a olan of land entitled "Bay View Park Cotuit Mass. Cape .Cod" recorded with Barnstable County Deeds in Plan Book 19, � Page 31.I� g _ !:',+;. Said land is a part of that described in a deed of George P. `iL� t Russell to Edgar F. Bassett dated February 6, 1928, recorded Frith Barnstable County Deeds in Book 453, Page 55. ii I �' --- 9 For the Towns-title reference is made to a tax deed dated 7 1e3. August 29, 1934, recorded with said deeds in Book 503, Page 567, ry. notice of the disposal i l and to Tax Lien.Forecloaure Case #203833 .� of which was recorded with Barnstable County Deeds on October 7, ;sty 1942, in Book 596, Page 474. - i •'3. ... r:•_o�. IN WITNESS WT'MEOF the said Toga of Barnstable this t 1� 'day -a• ••�w,, I 1949, has caused its corporate seal to be hereto of 511, !�? f affix and these presents to be signed in its' name and behalf by' Chester A. Crocker, Victor F, Adams and James F. Kenney, its i Selectmen, hereto duly authorized by vote of said Town. I TOWN OF Bp_RNSTABLB i, - Selectmen. TqM COb4e027%;MALTH OF LAS.,ACHUSET..S 1949. Barnstable,ss. Then personally appeared the above-nared Chester A.Crocker, , Kerney, Selectmen, and ael,:owledged Victor F. Adams and James F t4set%'Ct¢egoing instrument to be the free act and deed of the Town I 't bf..: 's le, before me n •.. r.. — Otary Fu0 c. - - I I? My commission expires; 3-� u- s5 • Barnstable, ss., ReceiTed January 31, 1949, and is recorded. Tme umrnvworr aweu�n ee rn.�wr oNac.ew wmooae a.s,sourwwrrow. •OIlM Yl a INSTRUMENT OF NGDGMPr10N - -__ . - - THE COMMONWEALTH OF MA95ACHUM-M . Town of Wellfleet M11QW QR dl T01IL 7 �....• - y 107? an 4,95 ::idt -:..-•...s.;. Then Pa samal}yaPPc the above—me - _..._..........—......_............................ r.;...•..: the .. ".. ap ' �r.....................__..... : rr: ady DST g, _ and ac6�oacledged the foregai g imstnment to be . :o_.s...free act and deed befaco me ;aidmid ! •'.- ::i•.c , ioe c�a 19 res; : -• My came' ezpitt3................ ........... ....... .. -er- t the a 1 :::• far `• _ - ,.. ,c cbC _n �s _arnstuble, Ss., .._-e1y-� ..-y �., 1 ..... on `. �. the ted Ic}e -der ;Do- 1, AIEL M. GCODAT -ion of Barnstable (Cotuit) 3atnstabLe Cnunrc,3iassacbusers, mg c -- su- farina an nett .:o: anside�t nn=a c,^n::u RCB=RT S. B_ MA.\' and ilL- . C. BETS -AN, V _ zee, :- .;' iusband and wife, as -erants by the entirerv, both o: 3arnstable (Cor_it;, Barnstable Count:, Massachusetts is ane the :der Z the _ with gamtrL-i,r,r_unas¢s •-. . a [ e a ca sal 3arastablz :Cotuit), toeet=er -.,iri the h•_ildir_gs thereon. " mes rebc, v _ bounded and described as fo,l.r.ws:- •:- the - :eb%, _ Lot the as shown on a plan of land of George P. Russell, Bar View Pack, 43 Cotuit, Mass., recorded ^Jith Barnstable Cotmty Registry of Deeds in es Plan Book 19, Page 39. more particularl:- bounded and described as :ten' follows:- Kcrt:ern? b-: Lot 1c as sho•.m on said plan, one hundred (100) feet: f, _ aste l;:'by Charlrtc.e Avenue, as shown as said pan, fifty (5C) _ feet: "' - Southerlt, by Lots 13 a^d :9, as shown on said plan, one hundred (_OC) -ee-: and i. .1es'erly by Lot 3:, as shown. on said plan, _'i[ts ('C) feet. C-mtainin; 5,C1)C square feet, more or less. Lot =18 as show. on a plaa of '_and of George ?- Russell, Bay View Park, Coruit, tzs:;., recor=ed witli Barnstable Court? Registry of Deeds in F` " Plan Boca= 19, Page 39, more parriculariy bounded. and described as f ollows:- L Ycrtherly by Lot 17, as shown on said plan, seventy-two (72) feet; i .Lastdri� by Charlotte Avenue, as shown on said plan, forty-three and 47/100 (43.47) feer; -- Southeasterly by a curiwd line at the jua- c:ion cf Charlotte - avenue and Pine Road, as shoum on said plan, thirty-two and 47/100 (32.47-) feet; Sou.hecly by Pine Road, as shown on said plan, fifty-two and 34/100 (52.34) feet; and ..... — Westerly by Lot 19, as shown on said plan, seventy and 15/100 (70.151, feet. ff( i w t•. at• ..i.0 w1 i0.. Y�•-.3 T i Yr.yt1'V'xw 6 Ili •r�.:"!.T•"�.vr-1t:::ri••' — 'i' — x.q. <2.•tr- =*y'• uu-•._ ti�J j}����-4pf+�' - - 1 A •r-y. �L�C.t:: �''a Ls f• •ip :�' d:. - • ti�(r`••�:4:,.�.t:.;mod j L i ,L t• � �T. I ..r• :� 7 h �3'. r AbA'i tea•• . ?- '.y.i� .?C�:�. • Q1 s y �' '�7'"h�E t .T e ter'• ..'��:f?;��'iS}�yd f'. 47• r i r A i• yy���h P�' � S ..�Y r ,.• ti ^"'er- 2 i. v= ..'� ^.-tiS •i. k � :'� T s :may'- -at ��,,•��, .'�L �, s r s r ,��-^ K L�• r� _'e t �•,,�,� i �� ik S c *i,; �' e.- i -•1� F.y. - Ey.:.c_:_ nv -.a X.^r %-«t.. ••L: .•� �. rt ,rs� -�...:-� � 3 '~1{�}. r . ! K , a ��•i 3, Zt fv_r�F. r •:'• fib - .1. 'k Y'-�n 1�'Md• y- ^.ai -r> �. �' ,+ F r K.. t s � r � yJf�£r Y� y�. '� 0!.1 �.,s{w s -,{+' ,y � F �r r a - tip- r t ba e .•�^��. .f ! .1•a:,F+( ^!..� a. .1. t y}tom d4F�.�" � � 4.f=a✓ �,j�rti v.�1� } .. _f ..G.{. '� �,t^ �ate' s1 � �` ' � 7� y 6 .i•'-.' t7s r f w•�.+ "" 0 T�`Ft•i t.. .,+� }.r t { i.:t •., �M ...!...A. F>....�.�,��,t.ai.� x. .�/ t•..yr •X.s .i�.,. s,.r•fe,•,�'�,...e„3';.�. [i�.!'t.'7'.,tr. _,`r ,t.., a?e a. � 'r:. i I'- ••+ram=,i�, We; ASHLEY B. CHILDS and ELEANOR M. CHILDS,- husband- and wife as tenants' -o-by the entirety,,both of Barnstable (Cotuit);Barnstab %=ty,i1assachusrsts, 9is� i beingsrnaarried,for consideratianpid,grant to BAZF.L M. GOODALL of Barnstable (Cotuit) WARD Barnstable County, Nassachusetts•, --- . .. -��. 5.tl3� . $1.0o K \tY�R.;;TL tRl rausna da 1.00 the land in said Barnstable. (Cotuit), together with the buildings thereon, -r 1.00 bounded and described as follows:- LOT #l? 1.00 as shown on a plan of land of George P. Russell; Bay View Park, Cotuit, .ldass., recorded with Barnstable County Registry of Deeds in .' Plan 3ook 19, Page 39, more particularly bounded and described as 1.00 follows:- Northerly by Lot to as shown on said plan, -one hundred (100). feet;. — Easterly by Charlotte Avenue, as 'shown on said ,plan, fifty 1.00 (50) feet; �.. Southerly by Lots 18 and IQ, as shown on said plan, cne hundred = (100) feet;-and Nesterly br Lot 21, as shown on said plan, fifty (50) feet. 1.00 a- ' Containing 5Q00 square f-et, more cr less. r.- Being the sates p.rernises conveyed Lc, the. grartors by deed from I 1.00 Ruth 3. Sturgis, dated November 19, 1?51, recorded w-it'n Aarnstable County Registry of Deeds in Book 797, Page LOT #15 1.00 as shown on a ?tan of land of George P, R113seli, Pay Vier ;�arK, T. Cotuit, Mass., recorded w;-th Barr_stablr. Cou=7 Rezlstry of Deeds in Plan Book 19, Page 39, morn particularly bonded and described as 1.00 .follows7. - _ Northerly by Lot 17, as shown on said plan, seventy-two (72) feet; 1,00 Easterly b? Charlotte- Avenue, es sho'.�n on said plan, forty-twee and 47/100 (43'.'47) feet; r Southeasterly by a curved line. at the junction o" said Charlotte Avenue and Pine Road as shown on said plan, thirty-two aad L.7/100 1.00 _ (32.)+?) feet; Southerly b Pine Road, as shown on said plan, fifty-two and 1 3VIOO (52.3 L) feet; and L 00 :;esterly by Lot 19 as shown on said plan, seventy and 151100 (70.15) feet. C: Containing 4822 square. feet, more or less. Beirig.the same'premises conveyed to the grantors by deed from. ! Ruth 3. Sturgis, dated November 19, 1951, recorded with Barnstable i " County Registry of Deeds in Book 797, Page 4.24.- mouth i -.3_- :1 .line to o said'grantor,., . 1 release"t.1 said s of by.,the" aad'°ilrer'attemts theia6.. dower and hotneshsd 3.lmas our: `x,nda .atidseals-t6;a: S' daq.o 19'S5 l s- i:. `t • _ t I 913 " `213 .. l9 55 Barnstable sL 947 ;5 l3 + 'Then personally,appeared the above named ASHLEY:.-B. CHILDS and ELEANOR 1i. CHILDS, ` and acknowledged the foregoing in,trument to be—their—.free act deed,beiore me a i � t'KeeaaeT Lam: inusi rea � xee; — Barnstable, Ss., Received July 13, 1955, and is recorded. CI ; N. (FEa<Li v BL"047) _. �! MORTGAGE - KNOW ALL,MEN BYTMEETRERMThat I, HA7 L H! GOCZALL, o_'Fan--i Street, Cotuit., nar•as:a:l.e Counry;.M=.ssachusetts, .being a widow and Unmarried (hereinafter with h-r. heirs executors,administrators'and asaigna referred to as Mortgagor); FOR CONSIDESATION PAID,GRAvT unto ;i i ! LIMIT- rION i C.R.SVINCS'Zl•1 ROXEMY - `• a corporation organized and existing under the laws of 'the Cottanontrealth of Plassachusetts .,{) (hereafter with its successors and ascigis referred.to'as Mortgagee).; WtrH MORTGAGE CovaNANTs to secure the payment oi` 'Seven'Thousand'Fits Hundred µ i. . / Dollars.($:7,500:00'-...);with interest from date at the rats of four and one-half — per-centun( 4*70:Rer;.anman on the unpaid balancr until paid,as . provided in a note.of.even date'herewith, said principal:atid-interest being payable at the office--of ;:;1, ZNSTIMION FIX SAVINGS lei`•Rama in. Boston, iiassachusstts oratauch other place-as the holder may designate,in writing, 1+"Ifa in monthly.installments of Zhirty-eight.and 43/1C0. — , Dollars (b 38.03 ). .. commencing on the first day c8.::. ::September . ',: ,::19 55;and'on the first-day of each month - - thereafter until the principal and interest are fully paid,:except that the final payment of principal.and 114 interest,if not sooner-paid,.:'shtZ be-due snd.payable.on:thefirstdayaf August ;!G 19 85 ,and also to secure the limlormanc .of all'.laovrnantol;and:agreements herein contained;a certain paTeel.of land with all the buildings and atructinis now,o.i:liei�aaiteo;.standing or placed,thereon,situated in Barnstable (Cotuit) ::w.in.the.County:o$'.' Harnatablc j' and Ciomnionwealth of MA sachngettJ,bounded and Aescribedas follows: , A. 797 - -- 4 1 4 It RijTH B. STURGIS, formerly Ruth M. Bacon,.. . . ,• of Waltham Middlesex C01at3•,liassaehnserts, . husband an for consideration paid gnat to ASRLEY B. CffILDS and ELEANOR M. CHILDS, husband and rrlfe, as tenants by the' entiret(Cotuit), Barnstable Coup Y, both of Barnstable ty, Massachusetts, aitL�fafa r+omaata - 'he laod m said Barnstable (Cotuit), together with the bounded and described as follows � u..,� buildings thereon, i LE- as shown on a plan of land of George P. Russell, Bay View park,_ Cotuit, Hass., recorded with Barnstable County Registry of Deeds in Po11o� Peet; k 19, ?age 39, more Particularly bounded and described as Northerly by Lot 16 as shown on said plan, one hundred (100) - na.sterly by Charlotte Avenue, as shown on said plan, fifty (50) feet; Southerly by Lots 18 and 19, as shown on said plan, one hundred (100) feet; and Westerly by Lot 21, as shown on said plan, fifty (50) feet. Containing 5000 square feet, more or less. — = Being the same Or conveyed to the grantor, Ruth B. Sturgis, as Ruth M. Bacon, by deed from Forrest C. hamblin et ux dated i•iarch 1939, recorded with --arnstable County Registry of Deeds in Book 31, - Page 320. 55G, iAT 418 as shown on a plan of land of George p. Russell, Bay View Park, - Plan Cotuit, Mass., recorded with Barnstable County Registry of Deeds in follows&.19' Page 39, ore particularly bounded and described as �~ Northerly by Y Lot 17, as shown on said plan, seventy-two and 4Easte y by Charlotte avenue, as shown on said plan, for(72) feet; ty-three (43.47) feet; G Southeasterly by a curved line at the �unetion of said Charlotte d Avenue and Pine Road as shown on said plan, thirty-two and Charlotte _ (32.47) feet; 7/100 Southerly by pine Road, as shown on said plan, fifty-two and 34/100 (52.34) feet; and - Westerly by Lot 19 as shown on said plan, seventy and 151100 (70.15) feet. Containing 4822 square feet, more or less. - �t Being the same premises conveyed to the grantor Ruth B. Sturgis, as Ruth M. Bacon, by deed from Clarence M. Chase, Treasurer of he Town ofnB�kt595, ag dead 170 dated August 25, 1942, recorded with said Q� Deeds _ Page170. N 79.7' I, Donald 0• Sturgis, hosband of said � grantor, Ruth B. Sturgis, 1• release to said grantee all rights of tenaaey by the`wtesy and other interests therein- 9 -ART—hand a and seals th-g— I day of NnoRmhwr. 1951. Barnstable, ss. November �9� 1951 . They personally appeared the above named - - -- - - Ruth B. Sturgis - and acknowledged the fongoiag instrument to be herc.VIMct and deed,be P° �ItCA�l717SS - I Barnstable, ss., Recei.ed November 19, 1951, and i; recorded. e: AMY try_ i We, ASH= B. CHILDS and ELEANOR M. CHILDS, husband and wife, as tenants by the entirety, both F of $ i,.abt a ( •ot]_#,.L ?wymatabl _-----_ County,liassachusetts_txb _-xx M2W,for consideration paid,grant to the i•: CAPE COD CO-OPERATIVE BANK a Massachusetts banlmtg corporation,having its principal place of business in Yarmouth(Yarmoathport),Earn— stable County,Massachusetts, with MORTGAGE COVENANTS, to secure the payment of . gj,9e Thn,w nd nr] ,-vn/Y (.�'r+,COO.OQ) Dollars l' m err withi., twelve_j _ yean from this date,with interest there ma at the rate of five And ' a one—P (5 ) _per emc per aaanm.payable in monthly iashallmeats of��17_Sl „ +I the first Thursday of each month bereafter,which payments she➢firer be applied to interest thm due and the balance thereof remaining applied to principal:the interest to be computed monthly in advance on the unpaid balance,together with soich fives on interest in arrears as are provided for is the by-laws nn : of said bank:with the right to make additional payments on account of said principal sum on any payment date T after one year from the date bereof, y ' . h • ,Y J S _ 55793 sou 6 4 6 4 PAGE 050 = �. SANDRR JEANNE DANNHADSER and JAMES F. DANNHAUSER, of 4. oval Court, Bronxville, New York grant to SANDRA JEANNE DANNIIAUSER JJ �: 4 Oval Court of Bronxville, New York 10708 with quitclaim raurnants �1fEh71t118RRR The land in Barnstable (Cotuit), Barnstable County, MA, with the build- ' ings thereon, comprising LOTS 13 and 14 in Bayview Park, so-called, t as shown on plan filed in the Barnstable County Registry of Deeds in Plan Book 19, Page 39, and being more particularly separately bounded and described as follows: LOT 13 NORTIIEASTF.RLY by Oldwood Road, as shown on said plan, thirty-five `- (35) feet; i..- NORTHWESTERLY by Lot 14, as shown on said pion, one hundred (100) feet; 1 SOUTIIWF.STERLY by a portion of Lot 15, fifty (50) feet: SOUTHEASTERLY by Charlotte Avenue. as shown on said plan, eighty- five (85) feet; and approximately EASTERLY by a curved line at the corner of Uldwood Road and Ciinrlotte Avenue, twenty-three and 56/100 (23.56) fret. Containing 4,952 square feet of land, more or less. LOT 14 Starting at a point on Oldwood Road at Lot 24, as shown on said plan and running fifty (50) feet South- easterl,v to Lot 13; Thence turning and running one hundred (100) feet i Southwesterly to Lot 15; Thence turning and running Northwesterly fifty (50) feet to Lot 24; Thence turning and running Northeasterly one hundred (100) feet to the point of beginning on Oldwood Road; Containing 5,000 square feet, more or less. For our title, see deed to be recorded 'herewith. i 4 . :1 GE Executed as-a-sea"led:.instrument. this:.30th day of September, 1988. _. "i $ dra Jeanne Dannhauser ' as F. Dannhauser r• '� • COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS September 30, 1988 Then personally appeared the above-named Sandra Jeanne I Dannhauser and James F. Dannhauser and acknowledged that the foregoing is their free act and deed, before me CarIA G. efavor, Nb ary Public " s - Myommissionexpire `YY/71/91 - i — — -- i I. i _ I PEC0511EO SEP 30 sa Boox- 6 4's 4 PAGE- 0.4 0 55790 = j GARY D. O'NEIL and BETTY DEZMAN O'NEIL, formerly known as 3ECPY DEZMAN, husband _ and wife as tenants by the entirety of Cotuit, Barnstable County,ltasaachuaetta, in consideration of ONE HOLDRED EIGHTY-SEVEN THOUSA,YD and 00/100 ($187,000.00) DOLLARS r- Grant to SANDRA JEANNE DANNHAUSER a/k�/� S J. Da,IINHAUSER and JA, ES F. DANNHAUSER, husband and wife as tenants b!Uthe entl:ety i 4 Oval Court I ys==- of 3ronsville, `few 'lock i0708 ! ` i with gnttrisint runtnanis I - f .`"TMkli.Ritl( i � ` .. The land in Barnstable (Cotuic), Barnstable Count?, MA, with the Duild- ings thereon, comprising LOTS i3 and 14 in 3ayview ?ark, ao-called, as shown on plan filed in the Barnstable County Registry of Deeds in plan hook 19, Page 39, and being more particularly separately bounded and described as follows: °= LOT 13 I va NORT:;EAST_RLY by Oldwood Road, as shc•n on said plan, thirty-five (35) feet; NORTHLrESTERL'( by Lot 14, as shown on said plan, one hundred (100) feet; kx _,.• SOUTHWfSTE.RLY by a portion of Lot 15, .ifcy (50) _ SOUTHEASTERLY by Charlotte Avenue, as shown on =aid plan, eighty- ! �•'' 9 f;ve (95) Feet; and approximately EASTERLY by a curved line at the corner of Old-wood Rcad and + "' Charlotte Avenue, twenty-three and -0/100 (2'_.56) feet. Containing 4,952 square feet of land, more or less. LOT 4 .: Starting at a point on Oldwood Road at Lot 24, as shown on said plan ana running :_fey (`_0) feet South- easterly to Lot 13; Thence turning and running one hundred (100) _sec _" Southwesterly to Lot 15; " r;. 0 Thence turning and running .`forthwester'_y :ty (- ) _:.,. feet to Loc 24; Thence turning and running Norcheascer_y one hundred (100) `eet to the point of beginning on Oldwood ,.,�-:_. Road; Containing 5,000 square Feet, .more or less. i Eor titla see deed dated August 28, 1978 and recorded -with aarnscable <? County Registry of Deeds in Book 2773 ?age 37. I .t .. .� ,i.".7 - son 6464PAGE 041 s - W D am' "J na r.o fDO m WA '• mo am. M o N N bb D I Executed as a sealed instrument this day of Septembe 19 88. i • Gary D. O'Neil Betty Deb an O'Neil L�`=.- �he�.�mnonu�eAlf�Z��fas�x�ltx�l tts Barnstable, sa. September 19 88 Then personally appeared the above named Gary O'Neil and Betty Dezman O'Neil and acknowledged the foregoing instrument to be their ee act and deed Beam me, W A CwQTA4F P ,Va@v '.{-f ?X)N2W}Pt+E1fX My commiasion expires �/�i4s— 19 I x.: 1 1.= r RECORDED SEP 30 88 sa+2773 f,u 037 D E E D {. I, DOROTHY E. WALKER, of Windsor, Hartford County, !' Connecticut 06095, for full consideration of Forty-One Thousand ($41,000.00) Dollars paid, grant to GARY D. O'NEIL and BETTY DEZMAN, both having a residential and mailing address of 606 Old Stage Road, Centerville, in the Town and I � l County of Barnstable, Massachusetts 02632, as joint tenants _. � with a right of survivorship and not as tenants in common, with QUITCLAIM COVENANTS, the land in Barnstable (Cotuit), -s Barnstable County, Massachusetts, with the buildings thereon, ` �1 ! comprising LOTS 13 and 14 in Bayview Park, so-called, as shown on plan filed in the Registry of Deeds for Barnstable County, in Plan Book 19, Page 39, and being more particularly separately bounded and described as follows: f ~� I _ LOT 13 Northeasterly: by Oldwood Road, as shown on said i' plan, thirty-five (35) feet; Northwesterly: by Lot 14, as shown an said plan, % f one hundred (100) feet; Southwesterly: b� y: y a portion of Lot 15, fifty (50) �.� feet; !( t , Southeasterly: by Charlotte Avenue, as shown on - said plan, eighty-five (85) feet; .--and. approximately Easterly: by a curved line at the corner of Oldwood Road and Charlotte Avenue, twenty-three and 56/100 (23.56) feet; { containing 4,952 square feet of land, be the same more =} or less. f LOT 14 Starting at a point on Oldwood Road at Lot 24, as shown on said plan and running fifty (50) feet at • Southeasterly to Lot 13; } thence turning and running one hundred (100) feet Southwesterly to Lot 15; 17, ' 3 4 502773 ou 03e I thence turning and running. Northwesterly fifty (50) feet to Lot 24; - i: thence turning and running Northeasterly one hundred i (100) feet to the point of beginning on Oldwood Road; fi containing 5,000 square feet, more: or- less. For my title see Deed to the Grantor herein dated May 15, .1975, recorded with the Barnstable County Registry of Deeds in Book 2185, Page 294. - WITNESS my hand and seal this ;1S day of Lt.cyty2 ' 1978. Dorothy Walker III` COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. 4M�..� ��� 1978 is Then personally appeared the above named Dorothy E. Walker ! and acknowledged the foregoing to be her free act and deed, i,.r. before me !. Notary Public .� My commission expires: f. uw MIAONWEALTH OF'tAASSACHUSEITS �. 9 3. A i- i. . f b .i ~ •1 B=2185 rue. 294 ;.. Q9'7Q6 j We,: EDWARD P. MARA and ELIM M. MARA, husband and J ' W14e,' as tenants by the 'entirety. and not as joint tenants or i tenants in cominon, both 'of' Barnstable (Cotuit) , Barnstable `! X. Count Massachusetts' for consideration +r :. : � � Y� , paid and in full consideration of Thirty-eight Thousand Dollars ($38',000.) II paid, grant to DOROTHY E. WALKER of' 231 Sigh Path Drive,. - !.1 I Windsor, Connecticut,: with QUITCLAIM COVENANTS,' the land in j Barnstable "(Cotuit) , Barnstable County, Massachusetts, with the buildings thereon, comprising LOTS 13 and 14 in Bayview park, so-called, as shown on plan filed in the Registry of Deeds for Barnstable County, .in Plan Book 19, Page 39, and being more particularly separately bounded and described as w, follows:- LOT 13 i; . Northeasterly: by Oldwood Road, as shown on ".;;. said plan, thirty-five (39) feetj. Northwesterly: by Lot 14, as shown on said plan, . one hundred (100) feet] Southwesterly: by a portion of Lot 15, fifty (50) feet;. .:.' Southeasterly: by Charlotte Avenue, as shown on said plan, eighty-five (85) feet;* and approximately - N Easterly: by a curved line at the corner of. k. Oldwood Road and Charlotte Avenue,' twenty-three and 56/100 (23.56) feet; ;j . containing 4,9.52 square feet of land, be the same more or less. LOT 14 Starting at a point on Oldwood Road at Lot 24,. as shown on said plan and running fifty (50) feet I� Southeasterly to Lot 13; j: I } thence turning and running one hundred (100). feet Southwesterly to Lot 151' Ir f thence turning and running Northwesterly fifty. (50) feet to hot 24; thence turnip and running:. g g Northeasterly one hundred. ,t . (100) feet to the point of beginning on Oldwood Road; sTy, containing 5,000 square- feet,. more or- less.- For title see Deed to the Grantors herein dated May 15•, i 1972, recorded in Barnstable Deeds Book. 1675, Page 87.' li WITNESS our hands and seals this IZ' day of May, I�i •. . __... . 1975. COMMONWEALTiKPQ®7MASSACI4USETTS !' KAY227 ^;•,............ ................. ... ? ' COMMONWEALTH OF MASSACHUSETTS jf Barnstable, sa. May /j , 1975 f' Then personally appeared the above named Ellen M. Mara 11 ti li and acknowledged the foregoing to be her free act and deed, i? before me n Lei- My h Notary-Public commission expires: �x4.-v /y��— �> ....... `:i:''• f.�. ' "i �� o�. i:'.•. ki MAY-22 75 --- h -, BOOA�6'�� PJIGE Ot3 d We, WARREN A. BIRCH of Hanover-, New HampsL3r',¢ NIS E. CHRISTENSEN and ANN C. BURLINGAME, both of Barnstable (Cotuity, Barnstable County, Massachusetts, for consideration- paid and in x full consideration of Twenty-two Thousand Dollars ($22,000.) paid grant to EDWARD P. MARA and ELLEN M. MARA, husband and wife, as ,g :r ` .: tenants by the entirety and not as joint tenants or tenant9. in ...: ,: common, both-of 136 Pond Street, Barnstable (Osterville) , Barnstab a County, Massachusetts, with QUITCLAIM COVENANTS, the land in ro �.'. 1e Barnstable (Cotuit) , Barnstable County, Massachusetts, with the x - sp - buildings thereon, comprising LOTS 13 and 14 in Bayview Park., so- called, as shown on lan filed in the Registry-p of Deeds for 1 a - Barnstable County, in Plan Book 19, Page 39, and being more partic - laxly separately bounded and described as follows: : LOT 13 Northeasterly by Old Wood Road, as shown on said plan, thirty-five (35) feet: .y; Northwesterly by Lot 14, as shown on said plan, one _ .; hundred (100) feet: Southwesterly by a portion of Lot 15, fifty (50) feet; Southeasterly by Charlotte Avenue, as shown on said plan riG"•, eighty-five (85) feet; and approximately Easterly by a curved line at the corner of Old Wood Road and Charlotte Avenue, twenty-throe and 56/100 (23.56) feet; containing 4,952 square feet of land, be the same more or less. LOT 14 Starting at a point on Oldwood Road at Lot 24, as shown • MF on said plan and running-fifty (50) feet Southeasterly to Lot 13; t` thence turning and running one hundred (100) feet South- . westerly to Lot 15; thence turning and running Northwesterly fifty (50) feet ' to Lot 241 thence turning and running Northeasterly one hundred (100) feet to the point of beginning on Oldwood Road; ; containing 5,000 square feet, more or less. For title see deed to Alfred H. Birch and Anna R. Birch ; dated April 25, 1963, and see Probate of" Estate of Alfred H. Birch., Barnstable Probate No. 45363, said Alfred H. Birch having died October 29, 1969, and said Anna R. Birch having died November 23, 1966. W C11OM11.n�WE ! OP 1AAr',ACNUSETTS —I . . N R.AlateAT LAW WAS*.e,n� MY 1 .__; . . - ! i sn_mc ' WITNESS our iTdriA 1.6lea`ls this f.S1 day of d� 1 i . l 1972. . ?s I I Warren A. B rc • i(; Janis E. Christensen Ann C. Bur--i ngame , 1 V { I COMMONWEALTH OF RASSACHUSETT_S I "YI I Barnstable, ss. i'T , 1972 ,! •�d,.. I Then personally appeared the above named Warren A. Birch, •:L Janis E. Christensen and Ann C. Burlingame and acknowledged. the Y { r , -foregoing to be their free act and deed, before me �G i E!1 Not •y Public �f',,' �• a o c ! My commission expires: a! ! r. rn vl (,(l�LLVIwLJ I. �'�., —2— .,� aamu table,EL - _Somdvi hTasa, 2 9 S Then personally appaved the'aboTe n&ma .Treata=, as afotesaid'ena aamawfedBed-the fozegaing iost=mt to be the free set and leed of the said SANDWICH CO-OPMB.ATM BA''$. Before me, NotvT Public ._..�_...--- ' my eommisdon Barnstable, os., Receiy-d Mav 1, 19611, ,rid is recorded. -- - -- _ - - S-14.223-- - We, ALFRED COC7tTI21FS and VRLXA L. COTR=-S, husband and wire, as tenants by the entirety, both of Barnstable (Cotuit), Bar.-st_hle. County,_M2za farm. for coosid=Hon mod. --anr :o oL'!L�7 .:. =iC`: ar_? �NA SIRC:, husband and caife. as tenants t- the entirety, )otn of Cuiacv �- (?ollaston), Korzfclk County, 11.assachusetts, �fcx with gaticlnim rtQenatrLS thelandia tar-stable (Cotui'). Barnste'-Le Cc;:r.t-y, ..assachuse__s. x "xsFx r +0.4434r. _ a LO=S 1; snc: 14 _ 3av,., e%7 Park, so- the buy =:: t:._reo-.. coi,oris_::_ � - caLled, as shoc:-n va c-an file' in the o'= Leeds `or stable County, in ?Lzr. 3or fc 19, ?^r- �:, -=d be i_ more par.:cular)y C.l separately bounded and described as�folic-:s: - LOT 13: Northeaster ? 016 WOOL' Road, as _hor. : on said plan, `_:i=^=- l_� b `\�� feet; 'ior -oresterly by Lot: ?4, as sho-:^ on sai.a rlan, one .._ndred (l00) \ feet; Southwesterly by Charlotte avenue, as s:-or:*- o- said ?_a:, ei�hty- five (85) feet: and approximately Tasterly by a cu^ed Line at the corner of OLd :.`ood Roa: and C.arlotte avenue, tc:•er.-y-t;,ree and =5/'OC (23.55%- ee=; containing 4,952 square feet of Land, be the sz.ae more or less. For title to th.is parcel, reference is mad.- tc a teed to us; as tenants by the ent'-rety, from :1i_ice Foste:, riatel=. apri'_ 29, 1950, duly recorded with Barnstable County Registry cf deed Book 7°0. Pa?e 289 LOT 14: Starting at a point on OLdwood Road at Lot 24, as shorn on said plan and running fits (50) feet Southeasterl? to Lot 1:; thence. turnine ane running one nuncred ;1C0) feet Sou.-hwesterly to Lot 15; thence turni-a a:d ru==fro Northwestarl^ fifty :%0) feet to Lot 24; thence turnin? and running Northeasterly one hundred i100) feet to the point of beg-n:-ing or. OLdwood Road; containirto :,000 square feet, more or Less. For title to this parcel. reference is made to a deed to us from Roselth K. Woodaard. dated May 9, 1990, duly recorded with said Deeds in Book 7=0, Pane 288. yn= 1149 - Wsrm.....0rliand 9 and seals ;his_..__...?=z."_: —.day of_�/ 63 - 296 'C1J83,ti`95F1�12N l)r .�iws^-ftS_..a /.:: , 1 lJQC r �. —................ ---— ` •=�— I_ ' j 94e 11=mmtm d1,111 at Massachadrtts .. 3 as ( i Rat®den, SS. Apr'1. 25, 1963 LU Then per aally appeared the above named Alfred Courtines and Velma L. il.. .. Courtines (f 0 C dad adcootsleJged the foregoing mstntmar to be t[} free act and'-deed,before me UJ 7 _ _ �•'�'�4iigmiatim��.ias ' l9 De 2N ^`�'.. .., .. _.— a y • f - (•lndivido•I—Jaiat Trnaao--eaan io Cct®m—Toats'x_4=xaety.l ( w W 'Barnstable, es., Received May 1, 1961, -'!:. -s recorded. x s-l+,223 yt - a� I We, AL—ti� Et_ BIRCH and ANNA K. BIRCH, husband and -wife, as tenants 1 by the entirety, bot'n of ..Quiq.gj..(.Wollaston).—.._._........----...._....---._...----"-- Nor°olri. County,Massachusetts,SompommcPckX for consderuion paid,graut to the it ' SANDWICH CO.O?ERAI L BA.NK situated in Sandwich, ra.,,suble County,Massachusetts,with vmrtgagr ra maa, to seccre the payment of F.4uX 000.00....-.-_......._-.—-- --------. . .---..D°llan �> >snJr,••---------.._.• � ...___.._........—_._...._�,with interest thereon axtbmrxec '� toavabk in monthly im-11r�� ({ _..._..— .._:....,.....;i7e.. iof enc's month hereafta.'whica payments shall first be applied to - rote-st then due and the balanx thereof remaining applied to principal; the interest to be computed monthly in advance on the unpaid balance,together with such fine on interest in arrears as are prmided for in the by-laws of said batik;with:he tight to make additional payments on account of said principal sum on any pay--data !t all 23 provided in._............. L r---.._—.....sate of evert date,the land.with the buildings thereon,sjcuated in 1'' o Barnstable (Cot'_it); Barnstable County, I•lassach.:setts, comprLs2mg LOTS 13 and 14 in Bayview Park, so-caLied, as snosm an plan 'fled l: . the Registry of Deeds for Barnstable County, ir. ?la:_ Book 19, jl - ?age 39, and being more particularly separately 'pounded and des- a cribed as follows: ` LOT 13: 1 t4 > - t' nn Nor-heasterly by Old Wood Read, as shown on said plan, thirty- five C3:) feet; l� Northwesterly by Lot 14, as shown or. said p'_an, one hundred !�+ (100) feet; Southwesterly by Charlotte Avenue, as shown on said plan, eighty- Southwesterly_`4 " (85) feet; and approximately Easterly by a curved line at the corner of Old 'Wood Road and (i1 Charlotte Avenue, twenty-three and 56/100 (23.56) feet; containing 4,952 square feet of land, oe the same more or less. _ i %•7 L '-; ai t 7 t34s Im===aith af Aaasarhuertta _ _ arastable Couni4 Apr' ; 2s,-----1950 Then xrwnal! 288 Y appeared the above teamed Lillian Olsen --and aclmotrledged the foregoing i.' • astnrment io be the free act and deed of Co-operative Bank.before ae J {{ V ?obli--:—of the Peace - -�.. my commission mire � —.--.-_.. --__—;9C C: L. ' Barnstable, ss., Received -lay 11, 1950, ate is recorded. I, Roselt:_ K. Wood:rard, widow, nee Roselt Xnar_ Breed .Yr �. of 3rcof_±ne Middlesex Comm•, Mas—h—etm t -being unmarried, for consideration paid,-r=t:o Alfred Cour-Ines and Velma L. Courtines, husband and w-I f , as tenants by t^e eatlret-, of Cotuit, Torn of Barnstable, county cf' Barnstable, with gaFtriaburbaemnis ff L: the Land in Co tuit, Tour. c 3arnotd=_e, COur:ty of Eiarn.3table �ih s a ac P_us et t S, - — being lot le-L in may Viev; Par-, sc-ca11=d, as 3--0^rn On plan record Ed e ?-• ^ Barnstable Deeds ?'_3n 50:1= 19, ?egg=_ and 'url: r described -77 as follows: } - - '� "9tartir_g at s pcl-t on Olcrrood =oad at _cc 24 on sail - plan and _unn_n; 5C feet Southeasterly to Lot _3, -.-ence r` turn_na and, running '-00 ?let So::thwestarl to =ot 15, rt thence urni and ~err_ _ Yor hwesteri- 5C feet tt Lot �:1f:' 9a, t`____.,_' tsr__� _ any ,unnlzg :fort:easterly 100 _feet to I fFf the point of beei_^_II1n2 cn Old-oOod Rosd, ..,, :a.in±ng 5,000 -'1`• .square feet, more or less." - t�" •^(A� _ _ wtiwe6WlRi�,JYE.jSti�- t - 3ftmm hand ninth day oL Kay 1qk50 'ny and seal this Ii : ' ZL: � r z 750 eared --- May 9, 13 0SL �r88 .1af folk. Roselth K... .Woodward E�`* going above named =._ y _ - Then pasanallY appeaxd the ••�.` °',. T 1 aad'adaawledf�the fore instrument to be. her free act and deed,before me Paacc Notary Public >lti�1.0=empir� March 9,'I96 ,st z. Barnstable, se., Received May 11, 1950, and is recorded. "s Ise= � . ._ - ,- _ _ .. _ %F.GIi_ALL. =SE.:nS=S That I, Alice A. roster, of Lancaster. Worcester County,Massachusetts being womwried,for consideration Paid,grant to Alfred Court_res end Velma L. Courts yes, cis- band and rrife, as tenants by the entirety, rmnis of with m�lruuLJ tnnra8tz>?f isetts, the land is Cotuit, bfassac usetts, 3er_stable County, bocnled d ate escribed zs Pe'_1c.rs: led (DescrMdoe and cncambr =m,if arq) 3artheasterly by Old Fiooi 3oad as =_`orn on a. �len ''_erein23ter referred to, thirty s five (35) feet; Y Northwesterly by Lot ly,•as s_or;a on sp— z one =undred (_0^) fzet; Southwesterly by lot 15 as shorn on said ?'_z-n, fifty (50) feet; Southeasterly by Charlotte Avenue zs sHon- o= sz:.id plan eighty-.`ice (85) feet, env A:Tmrozimately easterly by a cL;ed line at t'e corner of Ole Wood Road and Charlatte Q_ Avenue twenty-tzree znd 501100 (23.:0) feet. pv Being Lot 13 as shorn on a Bolen of land of C�crde F. ?:ssell recorded i;it:2 3arnstable 01 Deeds, Plan Book 19 Plan 31; and containing accord=__ to sail _lzn `our thoasF-nd nine hundred fifty-tr;o (4,952) square feet. Intending to convey end hereby convey-i.nd the sate Penises conveyed to =e by deed of Chailea GllIeil sated:-.127 16, 1927 and recorded er_th Bz_'rnstgb'_e County- Ae�str, of Deeds Booms 1''0 =abe 138. L •1 u 1 �7 50 750* and=W rh;. r —day��ofp io SQ s' �$r Olnta�anTaralt# of �Eaaaat Bras - P—�J' pP�ed named Al i cn 9 T d -- 'T'hea' a the above- ,aster :, .. �1_• .. -•( and aclmowF the foregoing;�crr, Z. �8�' �m8 ree act before me - Barnstable, ss., Received May 11, 1950, and is recorded. - - .i; (. - L L - S j•� -- .. _ _. i , FRANCIS G. ''.:'_�150's. e uF JCe-PrI_'� E. :�'=ERGO I husband and wife, as tenants by the entirety, both of Bourne (Pocasaet), 3arnsta?ale Court-, Massachusetts, for cc:=_6eration paid, beln8 merely nominal, grant unto .'_d:%( :i. BUCrZZEY, of Barnstable (Hyannis), Barnstable County, 'Lassachusetts, r:ith = aUIT'C I' COVE M-.TS, the lsnd, with the thereon, situatec in that par: of the To of :curr_e, Ea table County, ;;assachu- • setts, lcev-n as Pocasset, and 'ce_n., parts of Lots one Hundred I Eighty-Two (132), One Hundred Ei, t - hree (183) and One Hundred Ninety-Three (193), and the whole of Lot OTie hundred Ninety-Tvo (192), all as s'r_ov+r_ a-3 del_neated on a =1sn entitled "Plan or Land 'Pa`,uissett' Sourre, Mass. '.elcr=ins to Charles D. -_wie, i:. By E. _ennent, C. E. Aubust, 193C", Anion said pLn is d"';; filed in the Reg=stry of Deeds for 3-rnstable Cour_ty and said tract is , more particulaa'ly bounded and described as follows: Beginning at the Southeasterly- corner of -_ the granted premises at a cerent bound on the So'-ithviesterly side. line of. Cancniaus Avenue, - - - .as shown on said plan, wh1ch said point adjoins -- }'�� the Norther side line of Ciacuit Avenue, also shoval on sa id plan; Ali i' Town of Barnstable FILE COPY ONLY! Zoning Board of Appeals NOT RECORDED AT Decision - Notice of Withdrawal REGISTRY OF DEEDS Appeal Number 1999-59-DeMarco Variance to Section 3-1.4(5) Bulk Regulations Summary: Withdrawn Without Prejudice Applicants: Henry Paul and Barbara Louise DeMarco Property Address: Fronting on Charlotte Avenue, Pine Road and Albina Avenue, Cotuit Assessor's Map/Parcel: Map 018, Parcel 094 -- �6 Area: 0.68 acre Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal is a vacant lot consisting of approximately 24,672 sq. ft. (0.68 of an acre)fronting on Charlotte Avenue, Pine Road and Albina Avenue in the village of Cotuit. The property is located in an RF Residential Zoning District which requires a minimum lot area of one acre and a minimum frontage of 150 feet. The property was subdivided in 1926, prior to the adoption of zoning in Town, as shown on the attached plan labeled"Bay View Park, Cotuit, Mass, Cape Cod, George P. Russell, Owner and Developer". The plan was recorded at the Registry of Deeds on December 17, 1926(Plan Book 19, Page 39). At that time, there were no minimum area or frontage requirements. From 1950 to 1957, the property was zoned RB-1 which had a minimum 10,000 sq. ft. area requirement. From 1957 to 1973, the property was zoned RD-2 which required a minimum 20,000 sq. ft. lot size. In 1973, the property was rezoned to an RF District, as it is currently zoned today with a minimum area requirement of 1 acre and a minimum frontage requirement of 150'. According to the application, the petitioners acquired the property (Lots 15, 16, 19, 20, 21, and 22) in 1976. At that time, the lots had already merged under zoning. The subject parcel is currently nonconforming with respect to the minimum area requirement, but does meet the minimum frontage requirement; having 100'of frontage on Charlotte Ave., approximately 109' of frontage on Pine Rd., and approximately 164'of frontage on Albina Ave. The petitioners are seeking a Variance to Section 3-1.4(5)of the Zoning Ordinance-Bulk Regulations -to allow the creation of 3 buildable lots from the subject parcel as follows: • Lots 15 & 16- 10,000 sq. ft. (0.23 acre), 100' of frontage on Charlotte Ave. 0 Lots 19&20-9,672 sq. ft. (0.22 acre), 172' of frontage (109'on Pine Rd. and 63' on Albina Ave.). • Lots 21 &22 - 10,000 sq. ft. (0.23 acre), 100' of frontage on Albina Ave. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 30, 1999. A 60 day extension of time for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened May 26, 1999, and continued to June 30, 1999, at which time the Board, per applicants' request, granted a withdrawal without prejudice. _ Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-59-DeMarcw Variance to Section 3-1.4(5)Bulk Regulations Hearing Summary: Board Members hearing this appeal were Tom DeRiemer, Gail Nightingale, Richard Boy, Ron Jansson, and Chairman Emmett Glynn. Attorney John Kenney represented the applicants. Attorney Kenney requested a continuance of this appeal. He stated additional time is needed to discuss this matter with the neighbors in order to possibly reach a mutually agreeable proposal. The Board asked Attorney Kenney how much time he would need. Attorney Kenney stated about a month. It was decided to continue Appeal Number 1999-59 to June 30, 1999 @ 8:30 PM. At the start of the hearing on June 30, 1999, Chairman Emmett Glynn read a letter, dated June 30, 1999, from Attorney John Kenney requesting this appeal be withdrawn without prejudice. Decision: Per request of the applicants, a motion was duly made and seconded to allow Appeal Number 1999-59 to be Withdrawn Without Prejudice. The Vote was as follows: AYE: Tom DeRiemer, Gail Nightingale, Richard Boy, Ron Jansson, and Chairman Emmett Glynn NAY: None Order: Appeal Number 1999-59 has been Withdrawn Without Prejudice. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Emmett Glynn, Chairman Date Signed Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of j under the pains and penalties of pedury• Linda Hutchenrider, Town Clerk 2 Re1No mappar ' ownerl owner2 addr city state zip Y 59 018 045 JACOBSEN, MELCOLM A TRS JACOBSEN FAMILY NOMINEE TR PO BOX 1395 COTUIT MA 02635 018 071 002 BUCKLEY, SUZANNE 6338 COCOA LANE APOLLO BEACH FL 33572 019 083 HUGHES, ARTHUR & PHYLLIS BOX 562 COTUIT MA 02635 018 085 001 BARRY, JANICE 500 HARLAND ST MILTON MA 02186 018 085 002 LAZOTT, WILLIAM J & LAZOTT, ANTONIA M 36 HYDER ST WESTBORO MA 01581 018 086 COURTINES, VELMA L 162 BOWLES PK SPRINGFIELD MA 01100 018 087 LONG, DAVID J & MICHELLE I 54 TERESA ROAD HOPKINTON MA 01748 018 088 CROSBY, DONEEN 7 1/2 CENTRE ST APT 31 CAMBRIDGE MA 02139 018 089 DOOLEY, HAROLD &SUZANNE 111 NICKERSON RD COTUIT MA 02635 018 090 JENEVE CORP %WEBBY, STEPHEN & JENNIFER J 25 CHARLOTTE AVE COTUIT MA 02635 018 091 BEHLMAN, RUTH C 25 CHARLOTTE AVE COTUIT MA 02635 018 092 DANNHAUSER, SANDRA JEANNE 4 OVAL COURT BRONXVILLE NY 10708 018 093 NAUEN, CLAIRE M %BAILY, WILLIAM D & KAREN D 18 CEDAR HILL RD DOVER MA 02030 018 094 DEMARCO, HENRY P & DEMARCO, BARBARA L 319 COUNTRY CLUB DR TEQUESTA FL 33458 018 095 MOREAU, ROBERT J & CAROL J 143 NICKERSON RD COTUIT MA 02635 018 096 001 WHALEN, ROBERT J & RUTH W & WHALEN,RJ JR & M W & D G 142 STANFORD DR WESTWOOD MA 02090 018 096 002 REDFIELD, CARL PO BOX 65 23 TOPSAIL CIRCLE COTUIT MA 02635 018 096 005 DICARLO, MICHAEL & LINA 330 WEST STREET HYDE PARK MA 02136 018 097 DAVIS, DIX F & SARAH B 47 PINE HILL RD PRINCETON MA 01541 018 099 SYMONDS, CHARLES G & SYMONDS, CATHERINE HADLEY 171 PRESCOTT ST READING MA 01867 018 100 NICKERSON, DOROTHY S P 0 BOX 155 COTUIT MA 02635 018 105 GRANT, JACQUELINE F TR % FORD, JOSH H 98 CENTER STREET NORTH EASTON MA 02356 018 125 001 DEMATTOS, PAULO V 143 NICKERSON RD COTUIT MA 02635 018 125 002 OCONNELL, JOHN J & JULIA H P 0 BOX 2012 COTUIT MA 02635 018 127 CARVER, THOMAS E 132 NICKERSON RD COTUIT MA 02635 018 128 SHEEHAN, FRANCIS M & SHEEHAN, JANET F 67 OAK ST COTUIT MA 02635 Proof of Publication LEGAL NOTICES 'Town of Barnstable Zoning Board of Appeals Notice of Public Hearing Under The Zoning Ordinance for May 26. 1999 To all persons interested in,or affected by the Board of Appeals under Sec, 11 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts,and all amendments thereto you are hereby notified that-- 7:30 P.M.— Ricci Appeal Number 1999-56 Philip J.Ricci has applied to the Zoning Board of Appeals for a Special Pemit for a Family Apartment pursuant to Section 3-1.1(3XD)of the Zoning Ordinance.The property is shown on Assessor's Map 124.Parcel 016 and is commonly addressed as 889 L.umbert Mil Road, Mars tons Mills.MA in an RF Residential IF Zoning District. 7:45 P.M. DeOliveira Appeal Number 1999.57 Marcio De*OWWra has applied to the Zoning Board ofAppeals fora Special Permit fora Family Apartment pursuant to Section 3-1.1(3XD)of the Zoning Ordinance.The property is shown on Assessors Map 250. Parcel 068.003 and is commonly addressed as 446 Bishops Terrace.Hyannis,MA In an RC-1 Residential C-1 Zoning District- 8-W P.M. Krech . ' Appeal Number 1999658 Lili Krech has applied to the Zoning Board of Appeals for a Special Pemit to Section 4-2.8 Parking Requirements.The.Petitioner is seeking a Special Permit In accordance with Section 4-2.8.(Reduction of Parking)to reduce the required numberof parking spaces from 54 spaces tothe 35 spaces.The propertyis shown onAssessoes Map 309.Parcel 218 and is commonly addressed as.426 Main Street.'Hyannls.MA in a B Business Zoning District. 8:15 P.M. LleMekt o Appeal Number 1999-59 Henry Paul DeMarco and girbara tpuise DeMarco have petitioned to the Zoning Board of A.p.�als fora Variance toS'66*n 34'A(5)Bulk Regulations.The Petitioneracquired.six lots in:t976,each rerq*i fr0i`4'.650 squerefeet to 5.022 square feet in size.For the purposes of zohing;the tots are how merged into one lot.The petitioner seeks to create three buildable Jots out of the six-original lots.The property is shown on Assessors Map 018,Parcel 094. and frontlrig:?on•Charlotte.Avenue. Pine Road; and Albina Avenue,Cotuit, MA in an RF Residential FiZorti'g'Distftt. 8:30 P.M. Colette Appeal Number 1999-W Guy Coletti,Trustee of Waterview,Realty Trust, has petitioned to the Zoning Board of Appeals for a Modification of existing variance decision in Appeal Number 1997-124. Specifically the Petitioner seeks a deletion of that portion of Condition#2 which states.'No variances shall be obtained from the Board of Health.'The property is shown on Assessors Map 193.Parcel 26and will now be addressed as 10 Hillside Drive,Centerville,MA in an RD- 1 Residential D-1 Zoning District. These Public Hearings will be held in the Hearing Room:Second Floor,NewTown Hall,367 Main Street..Hyannis. Massachusetts on Wednesday. May 26. 1999. All plans end applications may be reviewed at the Zoning Board of Appeals Office,Town of Barnstable. Planning Department.230 South Street,Hyannis.MA. Emmett Glynn.Chairman Zoning Board of Appeals iir:Betni,:iabie Pau iot ' May 6 8 May 13, 1999 AV Town of Barnstable Planning Department Staff Report Appeal Number 1999-59-DeMarco Variance to Section 3-1.4(5) Bulk Regulations Date: May 18, 1999 To: Zoning Board of Appeals From: Approved By: Robert P. Schernig,AICP, Planning Director Reviewed By: Art Traczyk, Principal Planner Drafted By: Alan Twarog,Associate Planner Peti Property p Address: F o tin on Charlotte Avenue, Pine Road_and Albina ry �` g Avenue Cotuit x I Assessor's Map/Parcel Map 01.8,-Parcel 094 --ap r4 lb i Area: 0.68 acre Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Filed:March 30, 1999 Hearing:May 26, 1999 Decision Due:July 8,1999 Background: The property that is the subject of this appeal is a vacant lot consisting of approximately 24,672 sq. ft. (0.68 of an acre)fronting on Charlotte Avenue, Pine Road and Albina Avenue in the village of Cotuit. The property is located in an RF Residential Zoning District which requires a minimum lot area of one acre and a minimum frontage of 150 feet. The property was subdivided in 1926, prior to the adoption of zoning in Town, as shown on the attached plan labeled "Bay View Park, Cotuit, Mass, Cape Cod, George P. Russell, Owner and Developer". The plan was recorded at the Registry of Deeds on December 17, 1926 (Plan Book 19, Page 39). At that time, there were no minimum area or frontage requirements. From 1950 to 1957, the property was zoned RB-1 which had a minimum 10,000 sq. ft. area requirement. From 1957 to 1973, the property was zoned RD-2 which required a minimum 20,000 sq. ft. lot size. In 1973,the property was rezoned to an RF District, as it is currently zoned today with a minimum area requirement of 1 acre and a minimum frontage requirement of 150'. According to the application, the petitioners acquired the property (Lots 15, 16, 19, 20, 21, and 22) in 1976. At that time, the lots had already merged under zoning. The subject parcel is currently nonconforming with respect to the minimum area requirement, but does meet the minimum frontage requirement; having 100'of frontage on Charlotte Ave., approximately 109' of frontage on Pine Rd., and approximately 164'of frontage on Albina Ave. The petitioners are seeking a Variance to Section 3-1.4(5)of the Zoning Ordinance-Bulk Regulations-to allow the creation of 3 buildable lots from the subject parcel as follows: • Lots 15& 16- 10,000 sq. ft. (0.23 acre), 100' of frontage on Charlotte Ave. • Lots 19 &20-9,672 sq. ft. (0.22 acre), 172'of frontage (109' on Pine Rd. and 63'on Albina Ave.). • Lots 21 &22 - 10,000 sq. ft. (0.23 acre), 100' of frontage on Albina Ave. Staff Review: Single-family residences abut the subject site on all sides. Some of the lots in the immediate vicinity are an equivalent size as the lots being proposed. However, most of the lots in this area of Town are larger, many meeting the one acre area requirement(see attached assessor's map). Access Charlotte Ave., Albina Ave. and Pine Rd. have not been constructed in accordance with the recorded plan. Pine Rd. has never been constructed and is only a paper road. The majority of Albina Ave. is improved with a paved surface and the majority of Charlotte Ave. is improved with a gravel surface. a l Town of Barnstable-Planning Department-Staff Report Appeal Number 1999-59-DeMarco Variance to Section 3-1.4(5)Bulk Regulations Although these roads have not been constructed as shown on the recorded plan, the proposed lots would have access to either an existing paved or gravel way. The Town's Subdivision Rules and Regulations, in its"Standards of Adequacy for Existing Ways", requires a minimum width of 14 feet for ways accessing 2 residential lots, 16 feet for 3 residential lots and 18 feet for 4- 10 residential lots. A 3" bituminous concrete surface is also required. Currently, 4 single- family residences are accessed by Charlotte Ave. and 3 are accessed by Albina Ave. Charlotte Ave. does not appear to meet these standards, being only about 15 feet wide and having a gravel surface. The Board may wish to consider, as a condition of approval, requiring Charlotte Ave. to be up-graded to meet minimum subdivision requirements(a minimum width of 18 feet with a paved surface). The Board may recall a recent appeal (Appeal No. 1996-61)that dealt with a grandfathered lot located off Charlotte Ave., in which a building permit was issued for the construction of a single-family residence on a 0.11 acre lot(Parcel 90). Many of the facts pertinent to that case dealing with frontage and access are also relevant to the case at hand. The Board may wish to review the Decision and Notice for that appeal, a copy of which is attached. Groundwater Protection The applicants are proposing relatively small lots of only 10,000 sq. ft. for 2 of the lots and 9,672 sq. ft. for the third lot. Nitrogen and nitrate loading of groundwater is a concern on lots of this size. However, the property is located in the AP Aquifer Protection Overlay District. Under current Title V regulations, each lot could be permitted to have up to 3 bedrooms, if the property meets minimum requirements for percolation. According to the Health.Division, this area is made up of sandy soils, so meeting percolation requirements probably would not be a problem. The Board may also wish to consider, as a condition of approval, limiting the.number of bedrooms per lot to no more than 2. Variance Findings: In consideration for the Variance, the petitioner must substantiate those conditions unique to this lot that justify the granting of the relief being sought. In granting of the Variance the Board must find that: • unique conditions exist that affect the locus but not the zoning district in which it is located, • a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner, and • the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Suggested Conditions: If the Board should find to grant the requested Variance, they may wish to consider the following conditions: 1. An ANR Plan showing the proposed division of land, as presented to the Zoning Board of Appeals, must be approved by the Planning Board and shall reference this Decision of the Zoning Board of Appeals. Both the Plan and the Decision shall be recorded at the same time. 2. Charlotte Avenue shall be up-graded to meet the minimum requirements of the Subdivision Rules and Regulations. 3. No more than two (2) bedrooms shall be permitted per lot. 4. The locus shall comply with all Town of Barnstable Building and Health Divisions Regulations. Attachments: Application Copies: Petitioners/Applicants GIs Map Property Deed 1926 Plan of Land Decision and Notice for Appeal No. 1996-61 2 t THE ZONING RELIEF BEING SOUGHT HA.. BEEN DAD By THE ZONIN ENFORCEMENT OFFICER TO BE APPBOPRIATI$BELIEF G TOWN T CIRCUUSTA.VCE9, E MAR 3 O zonrig�B9o'ard�.:af .A ?+ I' A lica :ion to petition for a variance TOWN OF BARNSTABL '99 MAR 30 All 54 ZrPdING 1,nP FAPP _LS For office IIse on Da" elieve Appeal # Town Clerk office Hearing Date Decision.Due - The undersigned hereby applies to the Zoning Board of Appeals for a Variance from er and for the reasons hereinafter set forth: the Zoning Ordinance, in the mann Henry Paul DeMarco &Barbara Louise DeMarco phone (561) 746-7040 petitioner Name: ' Petitioner Address: 319 Country Club Drive, Tequesta, FL 33469 Property Location: Charlotte Avenue Cotiut :MA 02 35 Paul DeMarco & Barbara TnuiGP n MarCophone (561) 746-7040 Property owner: Henry Address of owner: 319 Country Club Drive, Tequesta, FL 33469 if petitioner differs from owner, state nature of interest. Number of Years Owned: Twenty-Three (2�23) , Assessor's_Map/Parcel. Number: 1R/A4 Zoning District: Groundwater overlay District: AP - Aquifer Protection District variance Requested: Section 3-1 4(5) Bulk Regulations Cite section & Title of the Zoning ordinance Description of variance Requested- Petitioner seeks relief from Section 3-1.4(5) Bulk beglatireerne s piicagieg to anl�owmforttieze of ioe o�frthree hs�n Ie e u ations as may buildable lots. Descri tion. of the Reason and/or Need for the variance: Petitioner acquired six lots in 1979, one for each of his children. The lots are now merge into one odd shaped ui e °w'lotslwounldrn T meet currenteBu ee ulationeRe uirout nts,the. six original ots. a ne Discription of Construction Activity (if applicable) : None currently proposed but if Variance is granted it would result in three (3) single-family residences. Existing Level of Development of the Property - Number of Bui1 din.g3: -0- present Use(s) : vacant land Gross Floor Area: N/A sq.ft. ' - Proposed Gross Floor Area to be Added: N/A Altered: N/A is this property subject to an lief Variance or special Permit) from Y other re ( p the Zoning Board of Appeals? Yes [J No if Yes, please list appeal numbers or applicant's name 1 f Application to Petition for a variance is the property within a Historic District? Yes [] No [A is the property a Designated Landmark? Yes (] No [;4 . For Historic Department use-Only: Not Applicable ......... .. . . .. [] OKH Plan Review Number. Date Approved Signature: Have you applied for a building permit? Yes [] No Vj Has the Building Inspector refused a permit? Yes [] No D] All applications for a variance which proposes a change in use, new ' construction, reconstruction, alterations or expansion, except for single or two-family dwellings, will require an approved site Plan (see section 4- 7.3 of the Zoning ordinance) . That process should be completed prior to submitting this application to the Zoning Board of Appeals. For Buildina Department use Only: Not Required . . . . . . . . .... . . . . . [] site Plan Review Number Date Approved Signature: The followings information must be submitted with the Petition at the time of filing, without such information the Board of Appeals may deny your request: Three (3) copies of the completed Application Form, each with original signatures. , Five (5) copies of a certified property survey (plot plan) showing the dimensions of the land, all wetlands, water bodies, surrounding .roadways and the location of the existing improvements on the land. All proposed development activities, except single and two-family housing development, will require five (5) copies of a proposed site improvements plan approved by the. site Plan Review committee. - This plan must show the exact location of all proposed improvements and alterations an the land and to structures. see "contents of Site Plan:" section 4-7.5 of the Zoning ordinance, for detail requirements. The petitioner may submit any additional supporting documents to assist the Board in making its determination. Signature: "�4 Date: 3 air g petitio er or Ag nt's Signature John W. Kenney 1550 Falmouth Road, Suite 12 Agents Address: Centerville, MA 02632 phone: 771-9300 Fax Ho. 775-6029 .''JO42413 tea 011 2+1791. .,.. is, Rernnrdo J. Procopio and Cayle A. Procopio, husband and wife, as tenants irk by the entirety, both y &4; •`• rain :,treat, Cotuit, !n the Town nrtd County of Barnstable, ?bb,,rtt r:. Iin the amount of Six Thousand Five '.ittndred Doll ;7 far crmildendlrmrM11Lgrant to "onr-r Pa•+1 7el'arco or Barbara Louias DeVarco, husband and wife, as tenants by the entirety, i1 33 Sunnv Field.Drive, Windsor, Connecticut with 6d19 M taa1M=b PA!!C 7+ I. ".'he land In Cotuit, Manesahusette, bei.nm Lot No. 16, as shown on �T:•, a plan of land of leorre P. iuosoll, Bay View Park, Cotuit, Massachusetts, recorded with Rnrnotabre County Registry of Deeds, Plan Book 19, Page 39, being bounded and described as follower '< NORlIM..M."(7 '1.7 by Lot No. 15 One !hundred (100) feet; SnIMMASTMIX by Charlotte Avenue ?iffy (50) feed I 5CV"!P.1-,T^R1,T by Lot Ilo. 17, One huundred (100) feet; and 11CR7..!4'r+iMA LT by Lot Na. 22, Fifty (50) feet. is �, :.•, ContnininF nocordinrC to said plan Five Thousand (5,000) equars -�� feet, be the same more or loos. .k a PA?^Ti, IT. A certain parcel of land situate in that pa=t of the Town of ;�, Barnstablo known as ,.otuit, being described as Lots 13, 20, 22, as shown on a plan of land entitled "Arty View Park, Cotuit, Naas. Cape Cod" recorded with •? Barnstable Cottrity Roriatry of Deeds in Plan ;look 19, Pane 31. Said land is part of that described in a deed of Ceorl;e P. Ruoaell to Fdonr F. Bassett � dntod February 6, 1^20, recorded with Barnstable County Registry of Deeds in Book 453, Pave 55• ! "' .. PARr='1. TIT. The land nituato in the Town of Urnotable at or near the VillaCe � 1 •�_. of Cotuit, Commonwealth of P".asoachuaetta, described as follower ,,•.: Lot #19 and #21, as shown and delineated an a plan made by F. C. Smith, C. E., entitled "Ray View Park, Cotuit, 114ee. Cape Cod" filed with Barnstable �'•. Cottnty Registry of Dendn 1n Plan Book 19, Psge 31, and being the same premises conveyed to Mary.J. Davies by Charles Moil by deed dated Auvust 29, 1927, and r recorded with paid Deals, look 448, Page 121, and by deed dated recember 14, 1927, and recorded in Book 451, Pa+-e 426. Parcels I. II, III are conveyed together with a right of way rver the ways �•',..! m shown on the aforementioned plan for all purposes for which eeid ways are • commonly used in the Town of Barnstable. For title, see deed of Cayle A. Procoplo to Bernardo J. Procopio and 6 Gayle A. Procopio dated March 139 1973, recorded in the Barnstable County dint Rer riotr of Deeds, Book 1824, Pane 343. and also deed of Donald 0. Sturgis and Ruth B. Sturgis dated June 16, 1972, recorded in the Barnstable County ' Registry of Deals, Book 1673.'PaCe 121. Also see deed of Nary Millette to Donald 0. Sturis and Ruth B. Stur.ris dated December 7, 1951, recorded ((e.' with Barnstable County Registry of Deeds, Book 822, Page 272. +t; yl•' 1 Executed as a sealed Instrument this %mil dayf u S'� 18 76 Wj;•�y. 'is�.. .ens......-.......•......_..—..,,......--.•._.. ' Then Pmandly appeared the dxwe named and acknowledged the fan Imtniment to he free act and deed, t'r � � t•� � COI/.IAONWEAIiII Of A',A`.SA; :1"•F 115 Boon + E,I,D S U Frederic Pail �y5t: j i��e My rnmml»lonln d"rAlfnl.► _Octon =yina fare jl.•b'11 �~ _ _ ._ _ il�:rc=Z nnT • �,_` OCrnDn[n 4 n ..rw. wig i it 'Q ! - - -- 89 #6{ of wle wwle 45 WTI 11 ----- ---_-- ;;- " 300 FT. 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To r 1 M Who A p•1 •bra ' peo , a n AM .nm. 't. ! .rr. To - sue•' • - mp,. ' I A a.. I nr 125-! ' Q• _ l.11K'. IZS�Z 141, 1I3AC Ito to 64 jD .p- jAe • atOR- MAY An• iam' Comm mdw .are 3 HIa'�M Ilanlii '7�: ., .. : S IT .. P Val Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal fVo. 199fi-6'I -D.J. Mcheile Long Appeal of the Decision of the Building Commissioner Summary Upheld Building Commissioner's Decision Applicant: D.J.&Michelle Long Property Address: 26 Charlotte Avenue, Cotuit,MA Assessors Map/Parcel Map 018,Parcel 90 Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Appeal: Appeal of the Building Commissioners decision to issue a Building Permit for a Single Family dwelling Background: The applicant has appealed the issuance of a building permit issued by the Building Commissioner for the development of a single family home. The lot was a vacant lot of 5,067 sq.ft. until recently when construction was initiated on the locus. The applicant, being neighboring abutter, has appealed that issuance of the building" permit citing that lot is"too small"and the structure is located only 9ifeet from the side property line. In Appeal No. 1987-80, the Board at that time, under the'previous non-conforming section of the Barnstable Zoning Ordinance found the lot in question to be undersized and not buildable under zoning because; the lot did not meet the 7,500 sq.ft. requirement of than Zoning Bylaw, Section G Paragraph E, the proposed.dwelling - 42'x22'was an over intensification on the lot and the proposal was not in keeping with the intent of the Zoning Ordinance nor was it compatible with the neighborhood. On November 2, 1995 the non-confomring section changed. Section 4-4.2(1) Non conforming Lots-Separate Lot Exemption -appears to be applicable. The Building Commissioner has determined that this lot meets those requirements of"A to D"and that"Any increase in area, frontage,width, yard or depth requirements of the Zoning Ordinance shall not apply...". The RF Zoning District now requires a minimum front yard setback of 30 feet and the rear and side yard setbacks of 15 feet. Given the provision of Section 4-4.2(1)cited above and MGL Chapter 40A, Section 6 the Building Commissioner has also permitted the structure to be built with a lesser setbacks than what is required today. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on May 28, 1996. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened June 19, 1996, and was continued to July 10,1996., and August 07, 1996 and then to August 21, 1996, at which time the Board found to upheld the Building Commissioner. Board members hearing this appeal were Ron Jansson, Emmett Glynn, Richard Boy, Tom DeRiemer and Chairman Gail Nightingale. At the opening of the hearing on June 19, 1996, Mr. Long, stated that he owns a home at 14 Charlotte Avenue in Cotuit,which directly abuts the property in issue. He is appealing the decision of the Building Commissioner to grant a building permit on that neighboring lot. He had asked the Building Commissioner how the building permit was issued in light of the denial of a Variance Number 1987-80. The lot is very small,.only 0.11 acres and the r Zoning Board of Appeals-Decision and Notice Appeal No.1996-61 -D.J.&Michelle Long house being constructed is quite big. Mr. Long also cited that to access the lot, his property has been trespassed by construction vehicles and the telephone lines were severed in the process. The Board asked the Building Commissioner why the permit was issued in light of Appeal Number 1987-80. He replied that in 1987 the Bylaw required a 7,500 sq.ft. minimum and 20 feet of frontage..The Building Commissioner stated that the permit was issued now under the newly amended non-conforming lot section of the Zoning Ordinance stating a 5,000 sq.ft. lot with 50 feet of frontage should be buildable as a grandfathered lot. He noted that the lot is 50 feet deep and 79 feet long, and today's setback requirements of a front yard setback of 30 feet and the rear yard setback of 15 feet leaves only 5 feet out of the 50 feet buildable. So a 24 x 34 footprint must infringe on those setback requirements. Mr. Crossen cited that he.had consulted with the Legal Department and they referred.him to M.G.L. 40A Section 6 which states, "Any increase in area, frontage width, QIV VI VG UI 1 Y1161I IGI I\O VI Q LVI I/11 VI VII IQIIVG VI \! -IOwt A11011/1Vt 4 V p1 .....VV� I-I IiG.r\�C L air i.7tiiYy ' . Y N � y". r rr i --..._-- requirements-and had less than the proposed requirements but at least five thousand feet of area and fifty feet of frontage." The Building Commissioner stated that he asked the applicant to move the placement of the house a "couple.of feet back". He noted the footprint is a typical size of a Cape. The Board and Mr. Crossen discussed whether or not the lots were ever held in common ownership. Mr. Crossen did not-personally check for common ownership, but as is custom, he relied on the information supplied by the applicant's Attorney which states "in no time during March 24, 1928 to date has there existed any common ownership." The Board asked.Mr. Long what was the status of the building right now, to which he replied that the building . was well into construction. It was framed and very tall, approximately 27 feet high. It is the highest structure in the area and on a very small lot. Again, Mr. Long stated he has asked'many times how this is allowed and has never received a clear explanation. He requested the Board make a site visit. Public Comment was requested, Ruth Behlman submitted a letter to the file objecting to the construction of the house.. She stated the house.is too close to neighboring existing homes and invades on the privacy and enjoyment of the neighboring dwellings. She also expressed concern with the effect of the septic system on the neighboring private drinking wells. She submitted a photograph of the home under construction. Also speaking in opposition was Alfred Courtines for Velma Courtines(his mother). He reported that their property was.' trespassed on many times by the builder and the location of the house intrudes on their privacy. Board Members asked how the Building Commissioner could overrule the Board's decision of 1987-80 that said the lot was not buildable and also cited the photograph that appears to show a dwelling under construction that is more than two stories. The Board indicated that they need an opinion from the Town Attorney as to how that big of a house is allowed and how its setbacks can be varied on the lot without permission from the Board. The Board asked the Building Commissioner if he had issued a Cease.and Desist in light of this appeal. The Building Commissioner replied that he has no reason to. He has however told the applicant to remove the dormers from the third floor. The owner of the property, Steve Webby, requested to speak. He said that the pioperty was for sale, and he bought it in good faith. He has a mortgage on the property and it would be a financial hardship if something happened that they could not continue to build this house. Mr. Webby has owned the property for approximately 2-3 months. The Board explained to Mr.Webby that if he continues to build'on the house, he is doing so at his own peril. The Board also questioned as to whether or not the Petitioner is properly before the Board . For clarification, with reference to standing, the Board determined that the application was filed at the Town Clerk on May 28, 1996. -The Building Permit was issued on April 23, 1996. Mr. Crossen stated that the Petitioner(Mr. Long)came into his office and talked to Building Inspector, Buddy Martin but he is not sure of that date. Mr. Crossen stamped-the appeal to the Zoning Board on May 28,.1996. The digging for the foundation was done by May 22, 1996 at which time the Building Commissioner asked him to shift the foundation two feet. The foundation was poured'after the appeal was stamped on May 28, 1996. Mr. Crossen did not receive a written request for him to act on the appeal by the Petitioner, it was only a verbal request, but the Building Commissioner"went along with that." 2 � 4 Zoning Board of Appeals-Decision and Notice Appeal No. 1996-61 -D.J.&Michelle Long i The Board continued the appeal-to July 10, 1996 to secure the opinion of the Town Attorney.. At the continuance of July 10, Mr. Long told the Board that he had spoken to Town Attorney Robert Smith regarding this..lot.. He explained to the Board that the builder had relied upon his frontage being on Charlotte Way which may in fact not.be actual frontage on an legal road. The Building Commission wrote a.cease and desist letter to the builder, Mr. Webbyi indicating that he was misinformed and this lot may not a buildable lot as there is no road and or way fronting the lot (letter submitted to the file). Mr. Crossen looked in the records to find out when the way and the lot were approved, no records were . available. He then asked Mr.Webby to supply the necessary information. The Building Commissioner still does not have proof that Charlotte Way is an approved way. He explained that a"way" must be approved as a public ... T�._..� ..L 0��,.�..1-1� :f ...1 ..ii..-�[f�A_i �uwn rjnn� by♦,1n Dl�nninn,wvar VI a id11VOLU"VVay.. III UIG INYIII WI vo�l(wov�c, Of a t:oji'�:p.��saMfiiv:v..........-... ..� . ...... v.. :.j ,,.. . .....:.� Board. But if the way was approved between 1925 and 1960, it was approved by a Board of Survey Approval. In the.Town of Barnstable, Board of Survey Plans were approved by the Board of Selectman. The Building Department has a book of approved Board of Survey Plans. However, in this case that approved plan and recorded Board of Survey plan for the road(if it does exist)is missing. Mr. Webby submitted a plot plan citing a plan at the Registry of Deeds, but when the Building Commissioner pulled,that plan it is not an approved plan signed by the Board of Survey, it is just a recorded plan. If an approved plan cannot be located, then the lot is not grandfathered. To have the lot considered a buildable lot would require a Variance as the lot is without frontage, is undersized and does not meet any setback requirements. The issue of "frontage" is not defined specifically in the Zoning Ordinance, but frontage is defined in Zoning Interpretation Guide as frontage on a way. The Board then raised the issue of the roads. There is a road on paper, but that road does not exist: There is a plan, but that was never approved. Both Charlotte Avenue and.Pine Road do not exist-are not developed. Town Attorney Robert Smith spoke and urged the Board to proceed cautiously with regards to the definition and existence of the way. The issue before the Board is an appeal of Mr. Long from the decision of the Building Commission not to deny a Building Permit to Mr. Webby. Mr. Smith has looked into the whether or not Mr. Long is properly before the Board and he has come to the conclusion that the appeal was filed in time.When Mr. Long became knowledgeable of the issuance of the permit he asked for and received a meeting with the Building . Commissioner. At that meeting which was around May 22, 1996, Mr. Long asked the Building Commissioner to enforce the Zoning Ordinance and to ask Mr.Webby to cease and desist. The Building Commissioner did not and it is that decision of the Building Commissioner of May 22, 1996 that Mr. Long is appealing. The appeal was filed on May 28, 1996 which was within thirty days and, therefore, the applicant has fulfilled the requirement of Chapter 40A, Section 15. Mr. Long filed his appeal after the foundation.hole had been dug, but before the foundation had been poured. The Board reviewed Chapter 40A, Section 6 and the Non-conforming lot section of the Zoning Ordinance with regards to lot frontage size and buildability. The matter appears.to be'open to interpretation and perhaps at the discretion of the Building Commissioner. The Board and Attorney Smith again reminded Mr. Webby that any work he does is at his own peril. He was also told this at the last hearing. Mr. Webby's Attorney, Bernard Kilroy, spoke and cited that Mr.Webby received a building permit in good faith and has committed a substantial amount of money to the property and its development. Mr. Kilroy has reviewed the Building Commissioners Cease and Desist letter regarding frontage and disagrees with it. He reminded the Board that many other homes in the area.are on lots that may not have proper frontage and Mr. Kilroy said if he is unsuccessful-he will ask the Building Commissioner to look into enforcement actions again other homes in the area. He requested that the Board dismiss the appeal on the ground that it was not timely filed. The Board noted that this question is one of several issues before them and that they would address that today. The Board cited that on April.23;1996, the building permit was issued, but that does not put an abutter on notice. The law requires due process and the issuance of a building permit does not create notice for purposes'of an appeal of the Building Commissioner. Therefore,when Mr. Long saw work being done on the lot, he went to the Building Commissioner on or.about May 22,.1996 and asked for action from him. Mr. Crossen did not take any enforcement action'and it is that verbal decision not-to enforce the Zoning Ordinance that Mr. Long is appealing and that.was done in a timely fashion. That was done on May 28, 1996. With regards to Attorney Kilroy request to dismiss the appeal, a motion was duly made and seconded to deny that request. The Board voted unanimously to deny.the request to dismiss the Appeal. 3 t � Zoning Board of Appeals-Decision and Notice k Appeal No. 1996-61 -D.J.&Michelle Long The appeal was continued to August 7, 1996 to allow the Board time to consult with the Town Attorney regarding the lot in question. At.the August 07, 19996 continuance, Town Attorney Robert Smith submitted a memorandum to the Board. He clarified the issue of frontage by saying that with reference to grandfathering under section 6 of Chapter 40A. this lot does comply with the requirements of the fifty feet of frontage, however, that does not answer the question of whether or not the Building Commissioner should or should not issue a building permit. Attorney Smith suggested an occupancy certificate should not be issued until the road, completed in satisfactory condition, is on the ground. This is for access and safety reasons. In Mr. Smith's opinion the lot is entitled to grandfather.status. In this case, the building permit has been issued but Mr. Crossen has indicated that there will be no occupancy perm f untiffhere is dri adequate road on the ground: iviF. Smitfi also discussed M.G.L. Chapter 41, Section 81 FF which deals with status of lots and roads, in that if the road is not on the ground it does not mean that the lot does not have frontage. The Building Commissioner told the Board that he had issued a stop work order for the house. But now he has given Mr. Webby permission to make two modifications. One is to cut back the front entry way that exceeded the building permit and the other is to remove the partitions and remove the shower on the third floor which was not part of the permit. In exchange, Mr. Crossen told him if he did those two things he would allow the petitioner to make the home weather tight, put in the windows, and put on the roof. Regarding the setback requirements, Mr. Crossen said that the only setbacks that are in effect for this lot would be the setbacks that were in effect when the lot was established. In this case, the year is 1927 and there were no setback requirements at that time. The plan was not approved by the Board of Surveys and was not signed. Also, this plan appeared to have been recorded in 1927. Mr. Long reminded the Board that everything he did was before the foundation was poured. The builder was made aware of Mr. Long's appeal before he did any work. He restated his desires that the Zoning Board deny the continuance of the construction of this dwelling and revoke the building permit. Attorney-Kilroy submitted a memorandum to the file. He stated that in his opinion, M.G.L. Chapter 41, Section 81 FF exempts individual lots-on plans that were in existence prior to subdivision control from the jurisdiction of the Planning Board. Therefore it would not be necessary for Mr. Webby to go before the Planning Board regarding the road. He noted that Mr. Webby will improve the-road before the occupancy permit is issued. The Board noted that the description of the lot on the deed supplied indicates the boundary of the lot but does not specifically give the lot the rights to the road leading to the lot. The deed does not convey the right to use Charlotte Ave to the lot owner, it may have been intended but it is not in the boundary description nor it is stated in the deed that transferred this lot dated March 14, 1928: That issue had not been looked at previously by the Town Attorney. Attorney Kilroy stated that the lots were conveyed out on a plan that specifically shows the ways*and the individual lots are entitled to those ways for access to the nearest public way. The Board asked Mr. Kilroy if he could provide documentation to prove the Petitioner does have the rights of access on the road. There is concern that Mr. Webby may not have access right to Charlotte Avenue and Mr. Long may own that section of the road: The Board had concerns with the access issues citing that to allow a house of this magnitude on such a small lot is just what the Zoning Ordinance is attempting to control and avoid. The Board continued this appeal to August 21, 1996 to permit time to review the new materials and developments in this appeal and requested.the Planning Department to verify that the plan was filed in the Registry of Deeds. They also asked the Attorneys involved to review the issue of Mr. Webby's access rights to Charlotte Avenue, and the frontage. The Board requested that materials be submitted prior to the continuance to allow the Members time for review. At the August 21, 1996 continuance Attorney Arthur Hyland represented Mr. and Mrs. Long. Mr. Webby was represented by Attomey Bernard Kilroy. Attorney Kilroy had filed a memorandum and wanted to make sure all Board Members had received this new information. The memorandum included the deeds to all the lots in the subdivision. All of the lots are consistent in format without any express grant of rights to use the ways on the 4 Zoning Board of Appeals-Decision and Notice Appeal No. 1996-61 -D.J.&Michelle Long plan. Mr. Kilroy explained that in the absence of an expressed grant in a deed, the Courts rely on the principle of estoppel. The Board indicated that it appears from the information submitted that the lot does have proper frontage under that legal principle. The Zoning Ordinance does not specifically define frontage. There is still a serious concern that the Zoning Ordinance could allow a house of this magnitude on such a small lot and so close to the neighboring boundary lines. It is disturbing that this would be allowed, but that is not grounds for overruling the Building Commissioner. The important issue is to scrutinize the Zoning Ordinance because it was never the intention of the Ordinance to allow this type of situation to exist. The Zoning Ordinance was adopted to protect the Town from chaos and confusion. A type of dwelling of this size on this small lot defies good planning nrartirac ' Finding of Facts: Based upon the testimony given during the public hearing on this appeal, the Board unanimously found the following findings of fact: 1. The property in issue is located at 28 Charlotte Avenue, Cotuit, on Assessor's Map 18, Parcel 20 and in an RF Residential F Zoning District. 2. The lot itself was, until recently, a vacant lot of 5,067 square feet with a minimum of 50 feet of frontage along Charlotte Avenue. 3. The lot in issue is delineated on Plan Book 19, Page 39, recorded December 17, 1926. The plan is labeled "Bay View Park, Cotuit, Mass, Cape Cod, George P. Russell, Owner and Developer." 4. The plan does not bear any indications that it was approved at the time by the Board of Survey for the Town of Bamstable. During that period of time, the Town of Barnstable did have a Board of Survey. 5. .The lot itself was not the beneficiary of an approved road but was fronted on a road that was at least a paper street. 6. An easement by estoppel does exist over that portion of Charlotte Avenue that services this property. 7. At the time the lot was created, there was no zoning in effect in the Town of Barnstable. 8. At the time the lot was created, there were no setback requirements and no side yard requirements. 9. Based on the facts he had before him, the Building Commissioner properly issued a Building Permit. Decision: Based upon the positive findings a motion was duly made and seconded to uphold the decision of the Building Commissioner. The Vote was as follows: AYE: Richard Boy, Ron Jansson, Emmett Glynn, Tom DeRiemer, and Chairman Gail Nightingale NAY: None Order: ORDER: In Appeal Number 1996-61,the Decision of the Building Commissioner has been upheld. Appeals of this decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, withi twenty (20)days after the date of the filing of this deci 'on in the office of the Town Clerk. 0,6Y1996 G I Nightingal hairman Dat Sig ed I Li da Hutche der, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed,since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the offi e f the Towr,.Cl Signed and sealed this day of 96 under the pains and penalties of perjury. Linda Hutchennder, Town Clerk 5 ¢9 OTUIT Y SHELL NE c'` l HSE ,ftl I000�;9'�' PINE •x.,q fiE RO D 0 C o fii ,� 57�3 LOT O' N�N o LOCUS 9" 23 G� POLE \ J BENCHMARK EL=100.0 (ASSUMED)7VF OF CH o 5 LOT LOT 4 00 22 15 �V h0. / 99 0 LOCUS TP o IN / a 0 )sIQW ,> PLAN REF. RES. ZONE.- RF' Tp py 16 T �►�/ /� SETBACKS. 2 53 61 Cf ps', �� 30 0 , �/ �I SFRONT IDE. 150 BCA 7r.ASIN ' 303124 98.5 ,• 57 � `�LOT o `'�¢9" O' REAR- 15" 449143 ROPOSED BEDROO 21 R 10 �' h WATER l �2 00 y0. S �. _+/ ASSESSORS MAP IV VALVES O H ` 18 /IJ 0' a �, E (fnd) 4z, 0, D LOT HSE. CRO UND WA TER ' PRO T4 PCTION FLOOD ZONE. "'"C 17 O VERLA Y DISTRICT � I '�� �0 y ti CAR 13g �g•Z, ' PROJECT LOCH TION (Ind) I �� ¢9 LOTS' 0 BARNSTABLE (COTUIT), MA. I I ' 20 99. I 1 h assEsso LOT go APPLICANT 1 w 94 29,728S FT / a �N e T NICK LA GADINOS I LOT 1, Alt S7e1519,E 68 3 q l YAWEE SUR VEY CONSUL TAN TS P. O. 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