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HomeMy WebLinkAbout0000 HIGH STREET q e � - E i 1 SMEAD No. 53LOR UPC 12543 smead.com Made to USA c a oaiYmr.a.—m.-..-.":..��rs�.xry_•1�.._�a...:ant - -�a�;�:;,.:_.�.... ..: ........._.. -.... ,..:. .-.,r:.>...,ti�_::.�..:._.s..:.�::a: ..:..1�.._..,..... ......;...•„�"�,��"rt`5a.".-:,�`�,....._�.._._�_. �— �_..c.c4_ca... __ _. __.._ _-��= _ _ i J. ALEXANDER WATT Attorney at Law P.O.Box 881 Telephone(508)362-1900 3267 Main Street Fax(508)362-7912 Barnstable,MA 02630 Email: law.jaw@verizon.net July 16, 2009 a o Mr. Thomas Perry Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 m Re: Map 110, Parcel 7 �.0_High_Street;West Bar-nstabl6' Shirley Wallace, et al. Request Pursuant to G.L. c. 40A, §7 Dear Mr. Perry: I write on behalf of Mrs. Shirley Wallace to obtain your opinion whether a building permit for a single or two-family residence may issue under the Barnstable Zoning Ordinance on the sole issue of the property's lack of frontage. I do not seek an opinion with respect to any other zoning issue including, but not limited to, other zoning issues or environmental factors. Facts 1. The subject property is identified on Map 110 as Parcel 7 ("Property"). See Exhibit A. 2. The current owners of the Property received their interests from the estate of Carl.Lampi (Barnstable Probate No. 03P1735EP1), who, in turn, obtained title by deed from Henry Lampi and Carl Lampi in 1981 (Book 3390, Page 291). See Exhibit B, Parcel IV. The Property is specifically described as a discrete lot as early as 1922 when it was conveyed by deed from Lopes to Rodrigues (Book 388, Page 490). See Exhibit C, Fifth Parcel. 3. The Property has the right to use Wayside Lane and a 40' wide easement leading from the Property to Wayside Lane by reason of an easement granted to Henry and Carl Lampi in 1976. See Exhibit D. r Mr. Thomas Perry July 16, 2009 Page 2 4. The Property comprises 5.9 acres and has never, since 1922, been held in common ownership with any adjoining property. Discussion The Town's first comprehensive zoning by-law was adopted in 1929, so the Property pre-dates zoning in any form. Pursuant to Barnstable Zoning Ordinance §-240-91(A), "[a]ny increase in area, frontage, width, yard or depth requirement of this Chapter shall not apply to a lot for single or two-family residential use which at the time of recording or endorsement: (1) Was not held in common ownership with any adjoining land; and (2) Had a minimum of 5,000 square feet of area and 50 feet of frontage or the minimum frontage requirement for the zoning district in which it is located; and (3) Conformed to the existing zoning if any when legally created; and (4) Was separately owned at the time of every zoning change which made it nonconforming." Because the Property has not been held in common ownership with any adjoining land since at least 1922, contains at least 5,000 square feet of area and was created prior to zoning and thus prior to any frontage requirement, it appears that the Property would be eligible for a building permit for a single or two-family residence pursuant to §240-91(A). In addition, the Property has a demonstrated right of access from Wayside Lane, thus making the lot accessible, in fact, for purposes of ingress, egress, utility installation, and for access by public safety officials. Conclusion If you could provide me with your written opinion whether, based upon the foregoing facts, the Property would be eligible for issuance of a building permit under the Zoning Ordinance for a single or two-family residence notwithstanding its lack of frontage, I would appreciate it. i Mr. Thomas Perry July 16, 2009 Page 3 Thank you. Sincerely, 4't�/ Alexander Watt JAW/kjh enc. cc: Client i Exhibit A F ~ Bl qC 1-26 .81 AC 14 /-/7 ": u � I .•eb,gC �c of-tV C,V9 :,` rR-`yt•) 41 6 y1 OPEN SP^CLr © I-14 ► n+o;� r f• /_ 25-14 BOgC tipk,. .sc 25-9 ti 25-10 i5.z9Ac 69AG .77AG c • � s,, 6�Z. `a,�r v 6 31 10 7 0 AC o Y1 J, r 1" a5AG i . V et u. M .73AC- _7 Ar OA� �^ 25-� 9 2S-I Z 9�`'` .7ZAG F 70A 47 C 0 7(.AG- N� Oq 4 S .74 A- 3 IL PqCe IV 74p•G '7? : ' . pnRFi�s"'L ry <I I ,L �'°a ;{, ,1 I i s L 44 74AG r� Aso a a; _. I 5`3 r 4Z 1a BURS,Lo ')o 71 C- h ? u 7OA 3 c 4 �SY�,Y Y \ r P1 IV O . .44 ,, fM • 'o t is 7b 6a � la r C v N 25 �i AC ro Z is • 40 Oje d� Kj'A9 r T A 30 O 75AC. . 3 d d. '• ~ /7 r 1 J o �• \ ', :0540 �, s 39 V y 8 PL Q4 J �5 ACE , I0n e F Sir S-1 Sy�� � �} � :r •i D PREPARED UNDER THE OJRECTION OF THE 1rg 1}.'J' e BARN9TABLE BOARD OF 099E990R9 \ AVIS .AIRMAP INC. 22� 1 7a�4 +•r. ,. f k�i y �. 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LAMPj ro rAL AREA s563/'d2"W LAP/O 6Y °0 5.9 Ac2E5 n. 73•,z c o, /Ne c,eolVecL. i TA LOR CO•BP• s6s4545� A� gg WILLOW 5 T.06P-r YA•2/-lo,,rH? • 7', MADS.: P Y1 44.56 PLAN BK.246 SCAiLE /'-,00' OCT06C>B /g�4 0�~•5560227•W PAGE 33 ry �� 75.20 j UGLA A/D 4.3 ACR&O t 4 p�„•m•• V79•o/:4p•W ,�\a er uss•V`� �'� .��� e„"°`r N 54.8/ nw.��, 36 9 97 W 'H TAYtOR 31.20 PPROVAL NO r Z E U/OE D s %f A-'LOCUS f�ro..a an m.•� IZ61 X rIG' UNDER 7F/E SC/0D,�S�ON µN;:- •.• - ...2 1 g9 p23 1 CONT.eOL LA B III 0✓ 172' •P4� V BARNSTA6LE PLANK/n/G BD• ^„�T 1674 DEGD't-PGFGRE',t.C'CS- yt'PAu9.f3'ANa 4 5acs L 'dboL32 1-146 S-`'.P•e .e 4 Exhibit B t MA•9AGNuxrrrG OURCLAIM G[[D INDIVIDUAL(LONG"MM)N7 I i� ! �k a. We, Henry-H. Lamp; and Carl H. Lompi as joint tenants and not as Tenants in common, both I� of 319 Cedar Street, (West) Barnstable, Ba3mstable County.Ma sachus" y ioiwa iel,for consideration paid,and in fuU consideration of Six Thousand Five Hundred (6,500.00)Dollara i ! grants to Carl H. Lamp; • of 319 Cedar Street, West'Bamstable, Massachusetts with i;ut2rGthst racraattts Four (4) certain pieces or parcels of land, together with any buildings thereon, } *. ; ! situated in. said Barnstable (West); bounded and described as follows: 'I JDticripuOG and mcua>Daeoe,J!Q:J ?. ( PARCEL I) A certain.traet of land situated in the west part of Barnstable bounded and f' x described as follows: III` Commencing at the North corner of the premises and running Southeasterly by the loeation of the Old Colony Railroad Corporation' and by said corpor- ation to the land of Joseph H. Holway;.thence South 448 west; twenty (20) 'rods f ' t to a stake and atone; thence turns and running North 550 west by land.of heirs 1•: of Irving S.. Bodfish,..deceased, to cranberry bog, now or formerly owned by �." s Arthur H. Somes; thence by said Somes,bog North 50 west to land of said Henry i Bodfish; thence by said Bodfish land to the first mentioned bound, containing six acres more or less said land be, lag known as the ;roods field. � ! Together with all rights acquired by John Lopes under an indenture: dated tt November 1, 1898 and recorded in said Registry of Deeds Book 236, Page 13, and an indenture dated December 11, 1896 recorded in said Registry of Deeds, ! Book 236, Page 13. Fbr our title see the.deed to us from Alfred W. Childs, Jr. it ux s A January 7,.1968, duly recorded at the Barnstable Registry of Deeds in Book 1426 Page 10.18.1 . PARCEL II: A certain piece of land situated in said Barnstable (West), bounded and described as follows: Commencing at the NORTH comer and running WESTERLY by the railroad, until { 1 ! it comes to George Bodfish's orchard field, so-called; thence SOUTHERLY to the „ Er land of John Lopes; thence EASTERLY and NORTHERLY to the first-mentioned bounds. I Containing three-quarters (3A) of an acre, more or less. 3 �.k PARCEL Ms -A certain cranberry bog and cleared land situated in said Barnstable West s bounded and described as follows: � ' Beginning at the NORTHEAST corner at the New York, New Haven and Hartford 3 Railroad and.by land of Sylvanue Jones; thence running SOUTH by said.dones'•land to land of George*H. Weeks; ' thence WEST by said George H. Weeks' land; and i NORTH by the same as the fence now stands to said railroad I�'} .' ,:• t�" .: � thence EAST by said railroad to first-mentioned bounds.• t;(•� ' ' Contain; one acre be' the same more or leas, reserving a right of way for ' Sylvanue Jones across said cleared land and granting the same right of way which �;�• Antonio Rodrigues enjoyed through the land of George H. Weeks. PARCII+IT/i A,certain tract of cranberry `{I rry bog and woodland containing three 3 acres !! } situated in said Barnstable (West), .bounded and described as follow I! ` ,. NORTHERLY BY the Old Colony Railroad, a y NORTHEASTERLY by cranberry bog of George " Weeks; SOUTHEASTERLY by cleared lead of George H. and Addi_e S. Bodfish and woodland I /�----i of heirs of Peter C. Blossom; If C P SOUTHWESTERLY- by woodland of said Bloaecm,heire._and_ land of Sylvanua.J. Jones 1—to-the point of the beginning. i ;} 7 Together with all•rights of way'to the same that Antonio Rodrigues owned, :..' and reserving to George H. and Addis S. Bodfish all privileges v P Se given to them. • _ by Henry Bodfish concerning rights of racy over said described land. x, All of the above described parcels are conveyed together with all righter privi leges add appurtenances thereto appertaining. Subject to a pole line easement to Cape and Vineyard Eleottio Co:' dated Februazy 14, 1922, recorded in Barnstable Countr Re s M� w' Page 472. y giy of Deeds in Book 382 1 era For our title to Parcels II, III, and IT, see the deed to us from Alfred W. Childs, Jr.,etux, dated May 7, 1963, duly recorded in said Registry of Deeds in Book 12320 Page 183. (•IDdividsrl—Joint Tomb—Tenants in Common) • .,t.�'cv L o Exhibit C : r '+nyh�ri I, Walter Austin, of Dedham, Norfolk. County, liassachusetts being married, for consideration paid, grant to Annie F. I•lddy of Newton, I:Iiddlesex County, Mass chusetts, with quitclaim covenants the land in Falmouth, Barnstable �gi.. .T!-'f County, as follows:- PARCEL 1. A certain piece of beach land situated in that par of Falmouth culled Wast Falmouth, and bounded and described as follows:- eginning at a stone bound at the Northeast corner thereof; t nos � +.= running ti7est rly by land now or late of T. B. Landers and passing thr tgh r another stone ound (just above the beach) to the waters of Buzzar, Bay; thence by said B zzards Bay to a point in a line drawn parallel ti th and. twenty-five (25) f et distant from the first mentioned bounder, line; thence TZ- running Basterly,by nd of the grantor by a line parallel i ' th and twenty- five (C5) foot distant - rom the first mentioned boundary ne to land now 0", or late of Charles M. Bak r and others; thence running I rtherly by said land of Balser and others to the point of beginning. T gethor with a right-of- IV way, as agreed upon betwoen t grantor and James Boyce, for foot passengers and vehicles over th land now or for erly of James A. Boyce, as a means of access to and from apaquoit Re d, so called, Meaning and '�r,•. intending to hereby convey the same remise as were conveyed to me by deed .0 (><D of James A. Boyce, dated June 22, 190 d recorded with Barnstable County Il..A Deeds, Book 295, Page 168. PARCEL 2. ertain parcel of land situated in said !'lest Falmouth on the Northerly de o the road leading from '!lest Y` Falmouth to Chapaquoit Island and yang betw on said road and Chapaquoit yo Harbor, and being the %usterly if of the pre sea convoyed by Charles I,i. Baker to the grantor by deed _ted Sept. 11, 190 and recorded with Barnstable County Deeds, Boo . 284, Pago 282. Said emises are conveyed suhject to the Taxes of 19 2. I, Idabel F. Austin wif of said grantor release ovenue to said grantee all rigl a of dower and homestead and ther interests therein. s+. d, �1.00 tamp ;'fitness our hands and .,cols this 13th day of September, 922. .a tamp ncelled !'falter Austin ( 3) Mabel F. Austin (L') Commonwealth of Massachusetts Suffolk as. 3 )tcmber 13 1922. Then personally appeared the abo a -named ;'•' h ,d Walter Aust n and acknowledged the foregoing instrument to be hi free tct and deed before me Luther Hill Justice of the Peace Idy commission expires liar 10 1927 Barnst )lc,sa. Received September 18, 1922, and is recorded. ap -------------------------------------------------------------------------------- �4im. I, Lucy R. •lopes (widow) of New Bedford Bristol County, Massachusetts for ya consideration paid, grant to Antonio Rodrigues, unmarried, of said New Bedford " s " with warranty covenants the land in Barnstable, West Barnstable and Sandwich, 1, County of Barnstable and state aforesaid and bounded and deacribed as follows:- F-1I:S: PaltOi..T: A certain tract df land situated in West Barnstable, county and state aforesaid and bounded and described as follows, to wit: North by ,k __- - Xjv land of llo:::ara ig, Parker; East by Maple Stroct so called, till it comes to s ,. land of JOccPh H: II011,':ay; thence westerly h; land of said 110111ray about twenty_ 2 nine (29) red,; thence northerly by said lloljvaT land n (1 about ci h - 0 ) rods till it come:] to land. of Howard N. Parker to the first mentioned hon.nds. Containing about Lhr.ee (3) acres more or , less ant being the ;0m pr omi.�e bed. to John Lopes by Joseph H. Holway at ali by deed dated June 9 convc 1093 and recorded in Barns�;•� Ltsble County Registry of Deeds, Book 200, page 329, g` . SEC01II1 PAiUU; A curtain piece of salt moadow in the ;'re:;terly part of :;aid a Barnstable, nDu,,aca a0 follows: Commencing '.it the north corner adjoining; uF xa marsh o;: the late Nathaniel Hinckley, deceased, and running sov.thlvestcrl;' by *` 1 said mur.sh Co ' the upland; thence by the upland until it comes to land of David " . Lovell; thence by said Lovell's land until it comes to Lhe creek; thence by ` T the creel: I:o the first mentioned bounds, and contains throe loads of ha.;j be tL 1. j '4 " ..the same. more or less. Also, another piece Of meadow part „alt and part 4' Y +� fresh on the Duct side of Smith's Dock, so called, and bounded ::_3 follows; Commencing at Lhc north corner of the marsh, and the east corner or mouth of L-ho Dock Creel:, and running by said Dock Crook to a. s take four rods from x, xi the 'head of tho dock; thence southerly to a ditch by the road until it comes 'to" the upland; thence by the heirs of Jonas Flhitrnan southoastcrly to a Stale; ti thenco northeasi:crly by the heirs of Jonas ':mitman until it corms to Creek; wyg-y thence by the Creel: to the first mentioned bounds, and contains tyro ].oasis of hay. Being the same premises conveyed. -to John lopes b�� P Iionry W. Fish by deed dated April ll, 109G and. recorded in said. 12cgistry of llerc,s, Book 235 pace. n 9 }'4x; . 1 G 1 . y� �; T1Ii1tD. PARCEL: is certain piece of land. situated ill, West Barnt:t,.nle bounded and described as follovrs: Commencing; at the northeast corner and running westerly by the railroad, until it comes to said George .Bodfinh orchard field �.. �. . so called; thence southcrh�„- to land. of the said John Lopes; thoncc easterly y and northerly LD Lhe first mentioned bounds. Containing three quarter of an acro more or lost; and being the Stune pramisos conv o od to John Lopes by George�# H. Bodfish at ali by dead dated March 13, 1905 and recorded in said Re i.ntr G Y of Deeds, lloolt 272, page 145. FOUR72I PAI,CEL: A certain cranberry bog and cleared land si tua l:cd. in the west part of the LOY'll of Darno table and bounded and 's described 2:; follows: Beginning at the northeast corner At the 11. ]. 11,H. Fc , R. R. and by land of Sylvanus Jones thence running south n;; s^mid Jones' land to land. of George II. l7ecke; L-hence treat by said George H. Flacks' land and north by the, dame tic tho fence now stands tD said, railroad.; thence east b;,r said railroa.d to first mentioned bounds. Containing one acre be the sUmc moro or loss, r000rving u ri ht of vru�- :.!.z g J for Sylv•^nus Jones acron;r said clen.r.od i 16b land and, gr:.tnting I;he said Branton thr.' name right of rrt , s,hich I enjoy through i the 1anu. of Gcor.ge ](. i7echs. B sing; thy.. ;; me premises'r cam e;ed. I:o John Jones by flood dated July 2 •:_�; �};� 13- 0, 190?., and recorded in said �, „ � R [:isl:ry of Doed.n il0oli 2f,� „ -• :,,>�k --. i'�t[e 4.74. I!I 1�1,i;C;';L: A cari;ain tr.^,e,t of cr^nhe,rr� hug 5�yi ^' und-rrood`lans;containing-three-acres-mor"e'er less, situate in the xrest of t-h .ovrn_of-Bar-ns.tab.1 bounded and_described as follows: Northerly h.! the J. Old Oolony Railroad;w no_rtheasterly by cranberry bob of_Ge,o_._H 1iT0o%9 a r' 'y southeasterly h r cleared land of GoorFo II, and Addis S_. _Bodf.iah�and ti�o.od �� v land of heir: of Peter C. Blossom, soutlnvesterly by 7rood land of said *rry s 'AD = y:. Lf'lOJJoms iicirs_ar.d land_of_3y,lvanus_J._Jo.nes-to_p.oknt-_of begin n i n g, togen or t all ri lits"of-vra to-the-same-that'I own;reserving to George IIand �D r q0� r�' -U&ie 3. Bodfish all privileges given to them by'Henry Bodfish concerninC $ rights of way ovor said described land. Being the same premic.os conveyed ±"+ to John Lopes by Henry Bodfish by deed dated Nov, 23, 1©96 and recorded in �s said Registry of Deeds, Book 227, page 8. SIX-M PARCEL: A certain 'tract of r, r'#9 land situated in the west part of Barnstable bounded and described as follows: ' �}$ Commencing at the north corner of the premises and running southeasterly by k ,, )' j;. the location of the Old Colony Railroad Corporation; and by said corporation 4 to land of Joseph H. FIole:ay; thence south 44° west. , twenty (20) rods to a v stake and stones, thence turns and running north 55° west by land of heirs of £.< Irving S. Bodfish, doceased, to cranberry bog, now or formerlyowned by ate' {., Arthur H. Somas, thence by said Somes bog north 6° Yes to .land of said w� 3 Henry Bodfish,' thence by said Bodfish land to the first mentioned bound, containing sir.,acres more or less, said land being known as the woods fih1d, j reference being had to dead from Asenath C. Bodfish to George IF. Bodfish { { dated October 21, 1805 and recorded with said Registry of Deeds Oct. 16,1886. y Being the same promises conveyed to John Lopes by Henry Bodfish by deed kj dated Oct. 31, 1698 and recorded in said Registry of Deeds, Book 236, pIN age 418. a S ,VF:IITH 11;dICEL: A certain piece of vroodlat& situated in the easterly part of W said town of Sandwich bounded as follows; Northwesterly by the heirs or r 95 devises. of Sarah Ho::ie; northeasterly by woodland of John PI. B. Parker; southeasterly by voodland formerly of George H. Weeks, deceased, and south- westerly by land acre or formerly of heirs of Benjamin Ewes, deceased. Being the vsame premises conveyed to John .Lopes by'Froderic A. Fish by deed dated January . fad 7, 1908 and recorded in said Registry of Deeds Book 264, page 425. Together p,d,/� 1� with all rights acquired by John Lopes under an indenture dated Nov. 1, 1898,,11�W��h 5 re lg,I��f and recorded in said Registry of Deeds Book 236, page 13, and an indenture date ' Doc. 11, 1896 recorded in said Registry of Deeds, Book 236, pago 13. My title r po;:c M ti1t�� -, to this property being, as heir at law of said John Lopes. this conveyance is � s( n subject to a mortgage for $950 to Leslie Jones on one of said parcels, which the >, grantee hereby assumes and agrees to pay. and to all unpaid tares and. assessments. day Witness my hand and seal this 16th of September 1922. r i` y p her Signed and scaled in presence of Lucy R. X Lopes (L5) ' k1 r" 'Joseph F. Francis markP. p Commonwealth of Massachusetts. Bedford, Se Bristol as. New Bedford, 16, 1922. Then personally appeared the above '12 :J. c,.0 "• *l named Luc;; li. Lopes and. acknowledged the foregoing instrument to be her rrr.g - 14� abt and deed, before me Joseph 1'p Francis Justice of tho Poace. • t-ab , Bc:rn:; 1e, anceivr-d :iepLember 18, 19?,2, and is recorded. „ -------------------------------------------------------------------------------- fh .s..,y�a' I1jOFi .iL1. t,1L1{ 171 111� )L�,�, thL.,LI.f., that I, Antonio Rodrigues, of Herr Bedford in the County of )lrist:ol, end. z Commonwea11:1t of 1:1assachu.setts beingunmarried. for consi.dorntion paid, Ctant to Lucy 11. Lopes of said ]jeer Bedford with mortgage e covena Cog nts to secure the ' pument of Five '17,ousand (6000) dollttrs on demand, or shall support and. " maintain sa:i.d Oran Leo as provided in a bond of oven date given by n;iid Antonio V. Roderiguos to Lucy R. Lo1?es as Lhcrein provided, dur:i nn her enteral p. life, and shall tray all taxea :Lnd assessments on 'thn ranted ?� premises, sh:al k0c)? Win buildings thereon insured against fire in u sum not less; than 1,a000. nr for the hcncfit of said grantoo and hor executors administrators arnrl assigns, and shall not commit or suffer any strip or waste of the grt•ntecl premise,, the land in Barnstable, Ylest Barnstable and Sandwich, Count-. of Barnstable • and state aforesaid and. bounded and doscr.ihod as follorre:- 1'Ii2S°I PruT2ChL: r v'. . A certain tract of land situated in Ylest Burn ,teblo, County Ind state u,:oresai.d y� a e and bounded and described as follows, to wit: Borth by land of Hovrrrd Id. Parker; llus t by }.Iaple S tree t, so called; till it comes to l utd of Joseph H. xt \Ij Holway;r, thence we,rtorly by land of said Holway about twenty-nine (29( rode,, thence north.rly l(> by said Holway land about eighteen (18) rods till it comas to land of }Iowara H. 1'ur}:!tr to the first rnenti.oneci hounds. Containing shout .< three (3) acres more or less. SHC0II1) 21LRCLL: A certain pioec of .t mcnaorr in the wostcrlr.'' part of said Barnstable, bounded as folloers: Comm,:r..r,ing at 44 the nor th corner adjoining march of talc late Nathaniel Hinckley, d.oceased, • and runninj; southwesterly by said marsh to the upland; thence by the upl:u?r] y' r.K M until it comas to land Of Duvld Lovell; thence h.r said Lovell's .la.na until it comoec 1;0 the crook; thence by the creek to hhc first mer.tione0 bounds, and cow.•:ined t-h.r.ce loads of h_c,V be the c,mc more or lo:;s. Also, a.nother licce part Of meadow t salt and•A I part :fresh on the east lido of Smith's Dock. so called, F and bounded as follows: Comae ncing at the north corner of the marsh, and the =s; oust corner or mouth of the Dock Creel,, and running by said Doc], Creel: to a t stale four rods from the head of the dock; thence 'souL}torl;r to a ditch by the ': road until it comes to the upland; thence by the hr.iro of Jonas Fjhitimc n sou.Lye:,o terly to a s take; thence northeas t..r ^ ly by th^_ heirs of Jonu.�t Whitman ` � •' until it comes to Creek; thence by„' the Creek to the first mentioned bound^, t r' and oonLc.in^ trio loads of hay. `I1:IRD IAEGE1,• A certain piece of Land situated v in 'lent: llurnc>L:r.ble bounded and described ,i; folloers: Commencing at the norLh- �r. g westerly east corner and running t Lye railroad until it comes orl h,; to :said. fi& my-�':; George )>udf:i.crit orchard i'icld, so c:>ll.cd.; ]hence eotctherly to lrtinl o or.e Jahn Exhibit. D 4 ..340 w; Y` EASEMENT 00301 SEA-LAKE CORPORATION, a Maasachusetts corporation with its rr " `•� i principal place of business at P.O. Box 264, Sandwich, i Barnstable County, Massachusetts, SANDWICH CO-OPERATIVE BANK, CAPE COD CO-OPERATIVE BANK and CAPE COD FIVE CENTS SAVINGS BANK, '..' as their interest appear of record;-for=consideration=paid,, gr-ant-with-quitclaim_covenanta to CARL H._LAMPI_and HENRY H. s� fLAMPI, both of Cedar Street, West Barnstable;Massachusetts;the' (right to use Wayside Lane and the area designated as "40 ' + o Wide Easement", both as shown on the plan hereinafter referred'to for all purposes for which public ways are now or may hereafter, be used in the Town.of Barnstable for the benefit of their land and any subdivision thereof. f Reserving to the Grantors the right to use, in common with the Grantees, said Wayside Lane and 40' + Wide Easement for all purposes for which public ways are now or may hereafter be used in the Town of Barnstable for the benefit of their remaining land „ 'r not shown on said plan, whether or not presently owned by the Grantors. The above described Land and Easement is shown on a r plan of land entitled "Trailview" a Subdivision in Barnstable Mass. Owned by: Sea-Lake Corp. Scale: l" = 100' Oct. 23, 1975 Ewald Eng. Co., Inc., Framingham, Mass." which said plan ' P. is duly filed with said deeds in Plan Book 301, page 99. .•:_; ' For title see deed from Louis A. Lapio Co. Inc. dated =: June 14, 1972 and recorded in Book 1674, Page 242. There is also granted herein the right to use the following described parcel of land for all purposes for which publid ways are now or may hereafter be used in the Town of BarnstableY4 for the benefit of the Grantees' land and any subdivision thereof which said land' is described in a deed from Alfred W. Childs, Jr. = et ux to the Grantees January 1, 1968 and recorded with Barnstable County Registry of Deeds in Book 1426, Page 1018: "Ur A certain parcel of land situated in Barnstable (West), Barnstable County, Massachusetts, bounded and described as >' follows: Beginning at a point on the southerly side of land now _ or formerly of Walcott Ames as shown on a plan hereinafter ' referred to, thence running South 340 34' 20" East two hundred thirty-five (235) feet more or less to a point, thence turning (� i and running South 360 59' 30" East, ninety-four and 24/100 (94.2 feet to a point, thence turning and running South 330 51' 00" , East one hundred seventy-four and 17/100 (174.17) feet to a poin , MYCOCIC KILROY i,.z' e cecc" r•�+ �.� i •noextrs AT uw m r�u vun 7, to _. s A - ju00,2451 IAi i 341 1 thence turning and runnin South 330 211 3711 East two hundred twenty-four and 02/100 (254.02) feet, the last four courses being by land now or formerly of Albert W. Childs at ux as shown on said plan thence turning and running South 61° 071 loll West twenty and Obi/100 (2g.04) feet by Maple Street, thence turning and running North 34 171 30" West two hundred nineteen and 37/1.00 (g19.37) feet to a point, thence turning and running North 39 301 4011 West two hundred nine and 60/b00 (209.60) feet to a point, thence turning and running North 21 30, 4011 West eighty and 00/109 (80,00) feet to a point, thence turning and i running North 36 07' 30" West, eighty-five and 00/100 (85.00) j feet to a point, the last four courses being by land now or formerly of Clyde T. Brennan asshown on said plan thence turning and running North 34 34, 2011 West to a point at land now or formerly of Walcott Ames, thence turning and running Northerly by land now or formerly of said Ames to the point and place of beginning. The above described parcel is shown on. s plan entitled "Compiled Plan of Land in Barnstable, Mess. for: Sea-Lake Corp. Scale: 111 = 1001 March 12, 1976 Kings/byq Surlsylag Co., Inc." which said plan is filed in Plan Book/ fiaFj a portion of Lot 50A as shown on said plan. Said portion of said Lot 50A is to be used by the Grantees in common with all others now or hereafter entitled to use the same. For title see deed from Frank C. Hincks, Jr. at ux dated June 19 1972 and recorded with said Registry in Book 1674, Page 244. The consideration for this conveyance is less thsn•.6100. Executed as a sealed instrument this dayrcd...- j 1.•f,;.,. SEA-LAKE CORPORATION';,: 1 By Paul ync i : i DIY I:UC K.KII,IIUY d 1:11171," . 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Ma,'<' 8' .a' y,' y6 � i /� F'. d. �. za z,s.: d P ^"" �R y� ®' ,, y,���e�M.gb, ��,zqw.,:'�,zy erm E 8� ,ps{• �•.=c.�-•'---`(;^ •..� ~'V 6 o t;'��.k,®.abt''' Y.�9,s'`b.•,,.v"��°io„a e 'ad e�� .4 j '• $. 9w' r .wn .SSE 99 a � �"'' p •a �' 1 c_,000, s� � �� •�+ tip P � Vir . ug e , faR 8 �4► or f — 27g,23 i y t S I Y\ - Town of Barnstable P , �Y O C -YSIde - Regulatory Services r-pn Q„ Thomas F.Geiler,Director EAMgrAB Building Division AIAM 0 9. Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508490-6230 July 21,.2009 Mr. J. Alexander Watt, Esquire P.O. Box 881 3267 Main Street Barnstable; MA 02630 RE: Map 110, Parcel 007 0 High Street, West Barnstable Dear Attorney Watt, This letter is in response to your documentation of July 16, 2009 regarding the above. While this lot may pre-date the 1929 adoption of zoning by the Town of Barnstable, this lot still lacks frontage which is a basic requirement of Chapter 40 §6 and also §240-91(A). -Both of these require that for a lot to be protected it must have: 1. 5000 square feet of area-which this lot contains. 2. 50 feet of frontage. This lot lacks frontage. This lot is not located on a road or street and was never located on a road or street. This lot to be developed would require a variance from the Zoning Board of Appeals. You have the right to appeal this decision to the Zoning Board of Appeals. Should you require additional information,. please do not hesitate to contact me. Sincerely, Thomas Perry, CBO Building Commissioner J. ALEXANDER WATT Attorney at Law P.O. Box 881 Telephone(508)362-1900. 3267 Main Street Fax(508)362-7912 Barnstable,MA 02630 Email: law.jaw@verizon.net i NOTICE TO DEFENDANTS PURSUANT TO G.L. 40A, §17 To: Thomas Perry, Building Commissioner Town of Barnstable Barnstable Town Hall 200 Main Street Hyannis, MA 02601 I, J. Alexander Watt, attorney for the Plaintiffs, Joan M. Wallace, Irene Lamvi,vry Derwin Lampi and Gordon Bumpus, hereby provide notice that the Plaintiffs lave? appealed the decision of the Barnstable Zoning Board of Appeals filed with the Town Clerk on December 29, 2009. Said decision upheld the decision of the Town of Barnstable Building Commissioner dated July 21, 2009, in which decision the Building Commissioner determined that property owned by the Plaintiffs located at 0 High Street, West Barnstable - Assessor's Map 110, Parcel 007 - was not entitled to grandfather status under Section 240-91(A) of the Town of Barnstable Zoning Bylaw. A copy of the Complaint filed in the Barnstable Superior Court on January 11, 2010, and Notice to the Town Clerk, are attached hereto, all pursuant to G.L. c. 40A, §17. Dated: January 11, 2010 q C�a I-KA J Alexander Watt CERTIFIED MAIL- RETURN RECEIPT REQUESTED J. ALEYANDER WATT Attorney at Law P.O. Box 881 , _, :� - , !q F 3267 Main Street Telephone(508)362-1900 " 362-7912 Barnstable,MA 02630 Fax(508)' Email: lawjaw@verizon.net `10 AN! 11 P 2 :46 NOTICE TO TOWN CLERK PURSUANT TO G.L. 40A, §17 I, J. Alexander Watt, attorney for the Plaintiffs, Joan M. Wallace, Irene Lampi, Derwin Lampi and Gordon Bumpus, hereby provide notice that the Plaintiffs have appealed the decision of the Barnstable.Zoning Board of Appeals filed with the Town Clerk on December 23, 2009. Said decision upheld a decision of the Town of Barnstable Building Commissioner dated July 21, 2009 in which decision the Building Commissioner determined that property owned by the Plaintiffs located at 0 High Street, West Barnstable - Assessors' Map 110'. Parcel 007 - was not entitled to grandfather status under Section 240-91(A) of the Town of Barnstable Zoning Bylaw. A copy of the Complaint filed in the Barnstable Superior Court on January 11, 2010 is attached hereto, all pursuant to G.L. c. 40A, §17. P. �A Dated: January 11, 2010lexander Watt TRIAL COURT OF MASSACHUSMS CIVI(t ACTION COVER SHEET SUPERIOR COURT DEPARTMENT DOCKET NO. / 0" 2 y COUNTY: BARNSTAB/L+E lA. PLAINTIFF(S) .'r7r DEFENDANTS 1'"']<<�r" 'U��+-� � •urcl^4Q\ ATTORNEY,FIRM NAME, DDRESS AND TELEPHONE ATTORNEY(IF KNOWN) rS, �( -xe;ii v Ox' Cc 5�1�E Po QOx. $ S7 -ci0� Cs�� 1 n QGr�SFc�/� /y/1-D-26-k BAR-NSTA3I.FSS BBO# Ori Pl a an x in one box only: FO1 Original Complaint [ ] 4.F04 District Court Appeal c.231,s.97&104(After trial) (X) [ 2. F02 Removal to Sup.Ct. C.231,s.104 [ ] 5.FOS Reactivated after rescript;relief from judgment/ (Before trial) (F) Order(Mass.R.Civ.P. 60) (g) [ 13. F03 Retransfer to Sup.Ct.C.231,s.102C(X) [ ] 6. E10 Summary-Process Appeal (X) TYPE OF ACTION AND TRACK DESIGNATION(See reverse side) CODE NO. TYPE OF ACTION(specify) i TRACK ,CIS THIS A JURY CASE? Yes 16) The following is a full, itemized and detailed statement of the facts on which plaintiff relies to determine money damages. For this form, disregard double or treble damage claims; indicate single damages only. TORT CLAMS A. Documented medical expenses tot dat tace additional sheets as necessary) 1. Total hospital expenses $ 2. Total Doctor expenses S I Total chiropractic expenses S 4. Total physical therap expenses S 5. Total other expenses describe) $ B. Documented lost wages and compensation to date Subtotal S C. Documented property damages to date S D. Reasonably anticipated future medical and hospital expenses S E. Reasonably anticipated lost wages S F. Other documented items of damages (describe) G. Brief description of plaintiffs in'u $ A/ P p � ry, including nature and extent of injury (describe) Total S CONTRACT CLAMS (Attach additional sheets as necessary) [PL vide a detailed description of claim(s): /�1�7�r-c de: / �7/�`,;- �t��.v�t�f`1'G� C• (�. �'('O/ �/�'/ 1•L;c�,�r.t �} . �c ( SiG�. GsT iTOTAL ............ASE IDENTIFY,BY CASE NUMBER,NAME AND COUNTY,ANY RELATED ACTION PENDING IN THE SUPERIOR RT DEPARTMENT "I hereby certify that I have complied with the requirements of Rule 5 of the Supreme Judicial Court Uniform Rules on Dispute Resolution(SJC Rule 1:18) requiring that I provide my clients with information about cou -connected dispute resolution services and discuss with them the advantages and disadvantages oft -arious met ods." Signature ofAttorney of Record Date: A.O.S.C.3-2007-2007 r f ClommonweatO of Massar4uoPtts THE TRIAL COURT SUPERIOR COURT DEPARTMENT BARNSTABLE, ss DOCKET NO. . JOAN M. WALLACE, IRENE LAMPI, ! S11P1= R 6O CURT ' BARNSTABLE SS � DERWIN LAMPI and GORDON BUMPUS PLAINTIFFS, REO" JAN 11 2910 I ' V. lark aark TOWN OF BARNSTABLE ZONING BOARD OF APPEALS, and WILLIAM H. NEWTON, MICHAEL P. HERSEY, CRAIG G. LARSON, ALEX M. RODLAKIS and LAURA F. SHUFELT, as members of the BARNSTABLE ZONING BOARD OF APPEALS, and THOMAS PERRY, AS TOWN OF BARNSTABLE BUILDING COMMISSIONER. DEFENDANTS. COMPLAINT Nature of the Action 1. This is an appeal pursuant to G.L. c. 40A; §17 from a decision of the Town of Barnstable Zoning Board of Appeals filed with the Barnstable Town Clerk on December 23, 2009, in which said Board denied an appeal of the Plaintiffs from a decision of the Building Commissioner rendered on July 21, 2009. Parties 2. The Plaintiffs, Joan M. Wallace, Irene Lampi, Derwin Lampi and Gordon Bumpus are individuals owning real property in the Town of Barnstable ("Plaintiffs"), MA. 3. The Defendant, Town of Barnstable Zoning Board of Appeals, is a duly constituted board of the Town of Barnstable, with a principal place of business located at 200 Main Street, Hyannis, MA ("ZBA"). Page 1 i 4. The Defendant, William H. Newton, is a member of said ZBA, residing at 101 Curlew Way, Cotuit, Barnstable County, MA. 5. The Defendant, Michael P. Hersey is a member of said ZBA, residing at 62 Homeport Drive, Hyannis, Barnstable, Barnstable County, MA. 6. The Defendant, Craig G. Larson, is a member of said ZBA, residing at 142 Bog Road, Marstons Mills, Barnstable County, MA. 7. The Defendant, Alex M. Rodolakis, is a member of said ZBA, residing at 83 Blantyre Avenue, Centerville, Barnstable County, MA. 8. . The Defendant, Laura F. Shufelt, is a member of said ZBA, residing at 1696 Osterville-West Barnstable Road, West Barnstable, Barnstable County, MA. 9. The Defendant Thomas Perry is the Building Commissioner of the Town of Barnstable, with a principal place of business located at 200 Main Street, Hyannis, Barnstable County, MA. Allegations of Fact 10. The Plaintiffs are the owners of real property located at 0 High Street - Assessor's Map 110, Parcel 007- in the Town of Barnstable, MA ("Subject Property"). 11. . On or about July 16, 2006, Plaintiffs applied to the Building Commissioner for an opinion.of the buildability of the Subject Property as a non-conforming lot pursuant to Barnstable Zoning Ordinance Sec. 240-91(A), specifically with respect to the issue of frontage. 12. On July 21, 2009, the Commissioner stated that the Subject Property lacked the required frontage pursuant to Barnstable Zoning Ordinance Section 240-91(A). See Exhibit C. Count I Appeal Pursuant to G.L. c. 40A $17 13. Plaintiffs repeat and reallege paragraphs 1 through 12 as if set forth fully herein. 14. On August 20, 2009, Plaintiffs filed an appeal with the town of Barnstable Zoning Board of Appeals, appealing the July 21, 2009 decision of the Building Commissioner. See Exhibit A.' Exhibit A comprises both the July 16,2009 letter to the Building Commissioner, as well as the Building Commissioner's July 21,2009 decision letter. Page 2 15. On December 23, 2009, the ZBA denied the appeal and upheld the decision of the Building Commissioner, basing its decision upon the finding that the Subject Property had no frontage. See Exhibit B. 16. The Subject Property does not require frontage because Barnstable Zoning Ordinance Section 240-91(A) confers grandfather status on the Subject Property because it was created prior to the enactment of any Zoning Bylaw in the Town of Barnstable. 17. The ZBA, in rendering its Decision, acted beyond its authority, in an arbitrary and capricious manner, contrary to law, and said Decision is unsupported by substantial evidence in the record. 18. Plaintiffs are aggrieved by the Decision of the ZBA. Prayer for Relief The Plaintiffs respectfully pray that this just and honorable court: A. Annul the Decision of the ZBA; B. Find that the Subject Property is entitled to grandfather status under the Barnstable Zoning Ordinance; and C. Grant such other relief as it deems just and proper. DATED this 11th day of January, 2010. Plaintiffs, By their attorney, J Alexander Watt 3267 Main Street, P.O. Box 881 Barnstable, MA 02630 (508) 362-1900 BBO #: 569774 Page 3 Exhibit A a61y ED Mlle� '09 AUG 20 P 3 : 1 Town of Barnstable Zoning Board of Appeals Application for Other Powers Date Received For office use only: Town Clerk's Office: Appeal# Hearing Date Decision Due The undersigned hereby applies to the Zoning Board of Appeals for the reasons indicated: Joan M. Wallace , Irene Lampi , Applicant Name: Tam . Cnrr�nn Rmmlaus ,Phone: 508-362-1900 Applicant Address: c/o J. Alexander Watt , P.O. Box 881 , Barnstable , MA 02630 Property Owner: Same a s Applicant ,Phone: Address of Owner: Same as Applicant Map 110 Assessor's Map/Parcel Number: Parcel 7 Zoning District: R F Groundwater Overlay District: No This is a request for: [ ] Enforcement Action [X] Appeal of Administrative Official's Decision [ ] Other General Powers-Please Specify: Which Section(s) of the Zoning Ordinance and/or MGL Chapter 40A are you appealing to the Zoning Board of Appeals? Section 240-91 (A) Nature of Appeal &Description of Request: See attached Continuation Sheet Attach Additional Sheet if Necessary f • 1 Application for Other Powers-Page 2 Existing Level of Development of the Property -Number of Buildings: 0 Present Use(s): Vacant land Gross Floor Area: N/A sq. ft. Is the property located in a designated Historic District?..................................................... Yes [X] No [ ] Ifyes [ ] -Old King's Highway Regional Historic District Date Approved(if applicable)_ N/A — no permit sought [ ] -Hyannis Main Street Waterfront Historic District Date Approved(if applicable) N/A Is the building a designated Historic Landmark?.......NSA.....................................................Yes [ ] No [X] ......................................... Have you applied for a building permit?..........................:................... [ }................................. Yes No [X] Have you been refused a building permit? ...........................................................................Yes [ ] No [ ] to do so may result in a denial of your request. • Three(3) copies of the completed application form;each with original signatures. • Three(3) copies of a certified property survey(plot plan) and one (1)reduced copy(8 1/2"x 11"or 11"x IT) showing the dimensions of the land, all wetlands,water,bodies, surrounding roadways and the location of the existing improvements on the land. • Three(3) copies of a proposed site improvement plan and one (1)reduced copy(8 1/2"x 11"or 11"x 17"). • The applicant may submit any additional supporting documents to assist the Board in making its detennination. n / Signature: L• �L [� r Date: 8/20/09 App,, 'cant's or Representative's Signature Representative's P.O. Box 881 Phone: 5 0 8—3 6 2—19 0 0 Address: Barnstable , MA 02630 FaxNo.: 508-362-7912 • V V ♦ f Continuation Sheet Application of Joan M. Wallace, Irene Lampi, Derwin Lampi, Gordon Bumpus Nature of Appeal & Description of Request: On July 16, 2009, the Applicants wrote to the Building Commissioner seeking determination that the subject property complied with §240-91A. Exhibit A. On July 21, 2009, the Building Commissioner replied that the lot was not in compliance. Exhibit B. The Applicants appeal the Building Commissioner's determination and request that the Board overturn the Building Commissioner's determination and declare that the property is entitled to the protection of§240-91A. Exhibit A I J. ALE-NA\DER WATT Attorney-at Law-- P.O. Box 881 Telephone(508)362-1900 3267 Main Street Fax(508)362-7912 Barnstable, MA 03630 Email: law.jaw@verizon.net July 16, 2009 Mr. Thomas Perry Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Map 110, Parcel 7 0 High Street, West Barnstable Shirley Wallace, et al. Request Pursuant to G.L. c. 40A §7 Dear Mr. Perry: Y I write on behalf of Mrs. Shirley Wallace to obtain your opinion whether a building permit for a single or two-family residence may issue under the Barnstable Zoning Ordinance on the sole issue of the property's lack of frontage. I do not seek an opinion with respect to any other zoning issue including, but not limited to, other zoning issues or environmental factors. Facts 1. The subject property is identified on Map 110 as Parcel 7 ("Property"). See Exhibit A. 2. The current owners of the Property received their interests from the estate of Carl Lampi (Barnstable Probate No. 03P1735EP1), who, in turn, obtained title by deed from Henry Lampi and Carl Lampi in 1981 (Book 3390, Page 291). See Exhibit B, Parcel IV. The Property is specifically described as a discrete lot as early as 1922 when it was conveyed by deed from Lopes to Rodrigues (Book 388, Page 490). _See Exhibit C, Fifth Parcel, 3. The Property has the right to use Wayside Lane and a 40' wide easement leading from the Property to Wayside Lane by reason of an easement granted to Henry and Carl Lampi in 1976. See Exhibit D. Mr. Thomas Perry ---- - -----July16,2009 Page 2 4. The Property comprises 5.9 acres and has never, since 1922, been held in common ownership with any adjoining property. Discussion The Town's first comprehensive zoning by-law was adopted in 1929, so the Property pre-dates zoning in any form. Pursuant to Barnstable Zoning Ordinance §240-91(A), "[a]ny increase in area, frontage, width, yard or depth requirement of this Chapter shall not apply to a lot for single or two-family residential use which at the time of recording or endorsement: (1) Was not held in common ownership with any adjoining land; and (2) Had a minimum of 5,000 square feet of area and 50 feet of frontage or the minimum frontage requirement for the zoning district in which it is located; and a � � � M (3) Conformed to the existing zoning if any when legally created; and (4) Was separately owned at the time of every zoning change which made it nonconforming." Because the Property has not been held in common ownershipwit any adjoining land since at least 1922, contains at least 5,000 square feet of area and was created prior to zoning and thus prior to any frontage requirement, it appears that the Property would be eligible for a building permit for a single or two-family residence pursuant to §240-91(A). In addition, the Property has a demonstrated right of access from Wayside Lane, thus making the lot accessible, in fact, for purposes of ingress, egress, utility installation, and for access by public safety officials. Conclusion If you could provide me with your written opinion whether, based upon the foregoing facts, the Property would be eligible for issuance of a building permit under the Zoning Ordinance for a single or two-family residence notwithstanding its lack of frontage, I would appreciate it. • Mr. Thomas Perry -- - -July 16, 2009 Page 3 Thank you. Sincerely, X"/(�/ Alexander Watt JAW/kjh enc. cc: Client � 1. _ - •!.} -, ..... i, __ Exhibit A .- -:. = mill llillillllll! S -�` - _';vie: -'\- _� ; r ,.emu'. x: f s"• 40 m lJ qt v m � P • � V 0 4P cc F. Jo ;n s /16 J a� Y ��? re C m Q 0 o b e Nn TL J% 0Q i C tn 1 Ho � �{ �� J C e y. nl0 o z W S •iC - hm roZ 1lpy fo- 5 ~E e o C e° . P' ..�4 s r q• o C p A1J J poU O ' • j - Nr o ' m Wpw z IV yy4IL o °�. . r� • � Nr � vim e in cc %n 0 • 1 J 1 g•,sl C � ® Nr• M � 3'7dd5 a68_W .. e • BOOK PAGEa d. PE/VA/ CE A/77RA -A IL-)20A L:) "Z* 's 75.Z4 pV1,IAI .4*. O"z RT- smut ;PA6L 19 vv .3-9-ft- 43.43 I Aw AP,LAAI OF 4A O lAof wesr 23A ZAIS 5L. A 5 SUE V's YIE 40vc. A—Z;l Cd-A-44 C.4,2L. Al.*,44E-Ane Al. ZOU/Z A. TOTAL AJ2&A LA)-10 GfY S.9 Co. z,/C. Cr-,ovVe-" J� TA L-02 caep 69 WIL/-Ow 7-JZ F-A 7- 248 -7% I-fAOS- z7w -'00' ocroazle.I LIPI.AVD 4.3.A4ff&7.t .n '�'• 7'3.2b / Ar 79,01 54.451 a c 5 3 a 31,- LOCUS 14 A^�m 0 VAI- JVC)r z j!0 "ic- C,,vor-AZ 7He- *WaDIVI-510- eoNrZOL LAOV- W,.t - .27' tj peAt ja 1-146 ol Qc C �, ., - .- -. � : : .- - : : - _ .-. � �.�- . - -. . -: . •. • ;� Exhibit B 't r•//JCNu/[TTL Ou rtCLilr O[[O INOWWW"(town •onr( Ma BOOVM1 l: 291 `".. Ve, Henry H. Iampi and Carl H • LamPi u Joint tenants and not as Tenants io canon, both ! i of 319 Cedar S meet, (West) Ba=stable, Boa=ratable Countt,Msssschusetts k';wg r+navio1,for consideration paid,and in fall eoasid=6oe of Hs Thousand.. Pive 3uadred (6r 500.00)Dallaz's gnats to Carl H. Lamps = � 01 319 Cedar Street, West Barnstable, Massachusetts with qumlatm rournants 3tisrimmbb Four (4) certain pieces or parcels of land, together with buildings the i> situated in Bald Baamstable (Weet); e bounded and described naefoomrst ��' j (Daipli/n and aw—Annak if mil f PARCEL Ii A certain tract of land situated in the vest part of Barnstable bounded and i described as follow: Commencing at the North comer of the premises and i a by the location of the Old Colony Railroad Co Seutheaster�y i ation to the land of Joseph H. Holvay; thence ions and by said co_rpor- to a stake and stone; thence turns and 44�oveer, twenty (20) rods runni o North 55° west by land,of heirs i of Irving S. Bodfiah, deceased, to cranberry bog, now or formerly owned by ;S Arthur H. Somes; thence by said Somes bog North 5 west to land of said Henry Bodfish; thence -by said Bodfish land to the first mentioned bound, taining con six acres more or lease said land being known as the woods field. Together with all rights acquired by J02m Lopes under as indenture dated November 1, 1898 and recorded in said Registry of Deeds Book 236, 1 an indenture dated December 11, 1896 recorded in said Re Deed 3r nod Book 236, Page 13, For our title see the deed to us �lfre of Deeds, dated January 7, 1968, duly recorded at the Barnstable from W. Childs, JBo �t ux Page 10.18.•, '. Registry of Deeds is Book 1426 PARCEL II: A certain piece of land situated is said Barnstable eat afollower Commencing at the NORTH comer and running WESTERLY )' the ceded sad described as it comes to George Bodfish•s cretin-d field, so-called; thence SOUTHERLY mmtl-1 ` land of John Lopes; thence entione to the . P i EASTERLY and NORTHERLY to the tirst.meationed bounds-Containing three-quarters (3A) of an acre, more or lose. PARCEL III A certain cranberry bog and cleared land situated is said Hamstable (West), , bounded and described as follower Beginning at the NORTHEAST comer at the New York, New Haven and Hartford l s Railroad and by land of Sylvaaua -Tones; -a I thence running SOUTH by said Jones' land to land of George H. Weeks;ce WEST . by said George H. Weeks' land; and NORTH by the same as the fence now stands to said railroad; thence EAST by said railroad to first-mentioned bounds.- Containing one acre be the same more or less, reserving a right of w•T for Sylvanus Jones across said cleared land and granting the same right of wa tihloli Antonio Rodrigues enjoyed thro ugh the land of George H. Weeks. y j '"' , PARCEL IVt A I certain tract of cranberry bog and woodland, containing three (3) sores, situated is said Barnstable (West), .bounded sad described as follows: NORTHERLY BY ' the Old Colony Railroad; NORTHEASTERLY by cranes j� SODTBSASI'ERLY cranberry bog of George H. Weeks; cleared land of George H. and Addle S. Bodfiah and'voodlaad of heirs of Peter C. Blossom; 11 80DT8V£STERLY by woodland of said Mesa' heirs and land of y. Sylvaaua J. Jones to the point of the begin, �) y (( and Together with all rights of way to the same that Antonio Rodrigues owned, ruing to George H. and Addie S. Bodfiah all privileges given to them by Henry Bodfiah concerning rights of way over said described land. „I 111 of the above described parcels are conveyed together with all rights Privileges and appurtenances thereto appertaining. , Subject .'b� ct to a pole line easement to Cape and Yineya.•d Electtio Co.; dated f February 14, 1922, recorded in Barnstable County Regie Page 472. try of Deeds is Book 382 j For title .. .'our to Pamela II, III, and IV, see the deed to us frum Alfred j W. Childs, Jr.,etux, dated YAq 7, 1963, dulwT recorded in said 8e �r g:La of Desda :' in Bode 1232, Pao 183. _ ..� •< '{ .' .^'� \ ^X ..— LNG � n i •. rv. , i Exhibit C 'salter :Tustin, of Dedham, Norfolk County, l.Iassachusette being mnrr rJ, .or consid^ration laid. Crant to tI-,nie F. rddy of Pei-.,ton, I.iddlesex County, ;,•:a;:; chilsetts, with quitclaim covenants tho land in Falmouth, f0ij.O:'lo;-'Yl�R(I�L I. 9 certain piece of beech an situated in that a_ of 1 almouLh cull i p ad 1'�est Pa_mouth, and bounded and described a9 _ .i•:'. follow::;- eginning at a stone bound at the IJorthenst corner thereof; 1) .,Ice running Goat rly by land now or late of T. B. Landers and pa9sing thr e:. another steno ound (just above the; beach) to the waters of Du^ -a-z Beg; rN thence by said B szards Day to a point in a lino drawn parallel t th and twenty-five (25) f et distant from the first mentioned boundar• lino; thence running Lastcrly.by na. of the grantor h y aline Br' 1 P�'a11e1 t ' th and tv.enty- - ���- five (C5) feet distant rom the first mentioned boundary ne to land nov '•�_ l or late of Charles IS. Da k r and others; thence running h rtherly by said < ' ' land of Baker and others to the point of beginning. T gcthor with a right-of- ; M' way, as agreed upon LcWoen t grantor and James Boyce, for foot passengrers and vehicles over t)t lnnd now or for erly of Jrines A. Royce, - t•' -•, as a means of access to and from apaquoit Re d, so called, Merining and ^.-5 intending to hereby convey the same remise an were conveyed to me by deed tX� of James A. Boyce, dater] June 22, 190. d recorded with Barnstable County De^-ds, ,Book. 295, Yalta 1G8. PARCEL 2. ertain parcel of land situated in said West Falmouth on the. Northerly -do o tho road leading .from West. =o Falmouth to Chapaquoit Island and ying betw en said road and Chnpaquoit Harbor, and being tho F:asterl if of the , g Y pre .^-.es conveyer] by Charles 1:I. _- ,,.Y�� Bakor to the grantor by deed _tea. Sept. 11, 190 and recorded with h^ >- Barnstable County Bnedn, Boo 204, 1-ago 20.1. Said emises are convoyed !:uhjcct to the Taxes of 19 2. I, Liabel F. Austin r:if of said grantor release 3Lamp to said grantee all riL;l s of dower and homestead and ther interests therein. 00 fliLneo.,, our ]lands and. .>e-als this 13th clay p tcmber, 922.of Se , - assailed ' - y. Walter Austin Liabel F. Austin (I, ) Commotnvealth of Massachusetts Suffolk ss. 3 >t'cmber 13 1922. Then personally appeared the abo a -namod L7alt'er Aus - n and acknoe:lodGed the foregoing instrument to be hi free r.i.ct .nYT and docd before me Luther Fill Justicc of the 1'r.ace ' _' vn Il commission o 2 'n ' J xl.ires 1a'ar 10 19.,7 Barnst +lc,sa. Rear.ivcd September 18, 1922, and is recorded. -------------------------------------------------------------------------------- I, Lucy It, •Lopes (widow) of New Bedford Bristol County, Llassachusetts for .' consideration paid, grant to Antonio 110drigues, unmarried, of said 11ow Bedford with warranty covenants the land in Barnstable, Vlost Barnstable and Sandwich, County of Barn:,table and state aforesaid and bounded and described as follows;- n FI;;i'"_ i'tL: .. onT fain tract Of - "' ' land situated in 41est Darnstable, count:,r t �5,' and JtL'tl a£o.T0aaii anri bounded and ac;cribed ao follolvs, t0 YJit' I1orL)7 t7J = Of c a_led. of til_ i t co tcc t0 •:c�c;:h i:: })cl:,ay; titc� c •tl:criY lanai_ o•_ no y ni 2 ) c ,.c• _ I:i cui3 }!ol:. about( ,= tr.•cttty- '•I'cncc no.•tner'y by acid }loll:a;, Land aht,ut cifhtcen (70} rods till i L r_o,:tr.:, to hind of Rciward 11., s 'arer to Lhc : , Corte:n.ir. ah firo t men tionod hounds. convc•.c,) C out I:hrce (3) acres more or ; at,trl being Lhc ,om^. p r romiso J to 17ehn lopes h; JOocp)t 11,. }iel':ra}' c t a li�;• b dr.r June 9 and J d dntc`i it393 recorded in Jarn:;Le.ble County rct:istr of Dccdr,, Book200, pace 329, v Oltll 1':s1iC:L' is Cr`�nin piece of calf mon,low in Llte tcrl; part of llarr:atahlc, hrn:nded as follo,vs: CortunencinC ut the north cornnrrdjoirin _ marsh of the late I+uthanicl , arid liinc7cley, do d running nt:h::ca Lcrl; h..aid marsh to the upland; the so nce h the lip land until it comes to land of David +; Lovell; thenco by said 'c Lovell land until it comes to z' the creel: Lo tthe crrcl.; thonce Ily ti))q first- mentioned bounds, and contains three load, of ho;� l,c the came more or 1Pss. Alto, another piece of meadow fresh on thr ouot :;ide o£ Smith's Dock. so called, and U ended !._'i fo'to Commcncin at Lhc lle1-1, C nor corns: of the marsh, and the cast corner or mouth ,'• of Lho Dock CreeJc, and running by said Doc}: Crook_ to a Stake four rods from the head of thn dock; t}lease coutherh ~' J to a ditch by the ro to ad until it comes E.` Lhr. upland; thence by thr hr.irs of Jonas 1711itman southeasterly to n ntaJ:o thence northr:.artcrly h� th0 heirs of Jonas !11:dtrnan until it cornr.s to Crock.;: thonce by the Crcc}: to the first mentioned bounds, and contains two loans of `• - hay. Bci nC the a:ane prcmices conveyed. to John Lopcs by 1forry li. Fish b�dated April 14, 1096 and recor,io;l in said. Iicg j of Logs , drrd T1fIliD i'.i:1C ;l 19`r . Book 235, 1-^Ce 419. �'•: . i �i certain piece of 1�nd. situated ir, I7c0t 13crn::L:.h1e bounded and described ar follots: Commencing at the northeast corner and running s t+c;ter1Y h,r the r-ilroad, uni:il it cornet to cm id CcorCo liodfinh orchard fir_ld, so celled; thence ;outhcrl,r to lard. of the said John r to,•, . as id northerly Lc t;hc rir L tn�• 1 Lher.rr. r tstcrl, nLionod bou.ndr„ ContaininC thrcc qu,lrl:r:r of :,n -: acre more or loss: and hcinC the :rams premi;r.s conv:.,• od to John Lopes by r.co"Cs Id- 13odfi slt e t uli b J deed dated 7dirch 13, 1'.r05 and .recorded in aid 11cCi.^,try of Dcr.•d. 11001, 271 1taCe 145, FOUR 1'liItCc,l: A certain cranbn.rry bor.- and cleared �. land ,ituated in the r..c, part of Life Lowe of Durn,: t-Lbl^ and bn11 d and doccribcd ;t:: follows: '.i . DcginninC at the nor then t corner At the IJ. T. R.R. f• Ii. h. R. end. by land of "•-i .,,_vanes Jonoat; thence running ztout)t h;•• ct ,Ionco' land to lunil. Of CcorCc ,I. IJcc7:�; t),enca meat: by said CcorCe }?, 4'iecla` lard and north I.,,. co u::)ne ns t;ho fence no,: stands tat caul, r-,ilroad )1'r .said rai 1 tltc.rce. eaet. road to first rnenLioncd bounds- ContaininC one acrr he tite ;:imr: morn: or lr.�,, rrr..crvi: ng u ri)h t 1-1113 for S-iv-inen Jonr_• `,S 1^and and. :r:,nl:i.nc I;h ,• ricrnr an.id cl.�atrr+d c ld Cr_r.tnn th^ right ;. .^Jn c Of Ll:n 1; t% !:'Mich I .)o art o� thr.ou h wy iiee)'e. 13einC I:h,, :: ctle ;t'ernisr:s cor,, -0,; ;:o hn I,ap�.. of Deed.-, i;rr - •. :.-tt:'t rc00rUrd in ,,.._l d 1)�:r'.l�iT1: - Cr,'.1 4 7 p A core:. _lr t of rat.,^ant• n.rr* hnr j�,.'• •..rd i:oon land, oontainirc. three acres more or leis, si uato in thm r.,cst ;'rtrt .' of the To,•m of Darnstablm, bounden and described as follows: Ilmrtherly h-• the Old Colony iiailroad; northeasterly by cranberry bcg of Goo . H. .7ooss, y ,.• nou the:_.,tcrly br cleared land of Cccrgc 1I. and Addis 3. Dodfish and :.004 ow S _and of ;airs of icter C . Blossom, souLhwestoil, by wood land of said - Blossoms heirs ar.d land of 3y!vanu3 J. .;ones to point- of beginning, together �- r:ifr. all rlgirt3 of +'ay to the same that I orm, reserving to George H. ar.n iddic S. Dodfish all privileges given to thorn by Iicrsy Dodfish r.onccrrin! rights of wuy ovor cuid riencribcd land. Doing the same premicos conveyed " to John Lopes b;; Hcnry Dodfish by deed dated Nov, 23, 1896 and recorded in r-'-. ` said Rcgistry of Deeds, Book 227. page 8. SIXIH PAFCEL: A certain tract oC land aituatod in the west part of Darnstable bounded and described as follows: ., Commencing at tho north corner of the premicos and running southeanterly by - ?,, the location of the Old Colony ilailroad Corporation; and by said corporation <r j to land of Joseph H. IIolv:ay; thence south 44° west. , trrcnty (20) rods to a stake and stonee, thence turns and running north 550 west by land of heirs of ly. j:Y Irving S. Bodfi3h, deceased, to oranberry bog, rcu or .formerly owned by " Arthur H. Somos, thence by said 3ome3 bog north b° •weat to land of said �0 Henry Dodfish, thence by said hodfish land to the first mentioned bound, containing si: acres more or less, said land being known as the woods fii;ld, reference being had to flood from Aserath C. Dodfish to George I1. Bodf13h dated October 21. 1805 and recorded with said Rogistry of Deeds Oct. 1G,1806. ileing the same promises conve,,red to John Lopes by Henry Dodfish by deed dated Oct. 31, 189c7 and recorded in said Registry of Deeds, Book 236, page 418. 3ZTLYjIi 1'iLItCLL: A certain piece of woodland situated in the easterly part of said Loon of Sandwich bounded as follows. Northwesterly by the heirs or -. J, doviso© of Sarah Bowie; northeasterly by woodland of John Vt. D. Parker; southeasterly by woodland formerly of Goorge H. 'leeks, deceased, and south- -oily by land noa or formerly of heirs of Benjamin Ewes, deceased. Being the :r , r name premises convoyed to John .Lopcs by Frederic A. Fish by deed dated January �•� 7, 1908 and rucorded in said Rogis try of Deeds Book 284, page 425. Together j with all rights ac rrircd h John Lopes under an indenture doted Nov. 1, 189 �U'� •+` rr. and rcccr•cd in 3L`i ,d R_ i r of Deeds Book 36 page 13, and an indenture dcttear' • �' Doc. 11, 189G recorded in said Registry of Deeds, Dool: 236, Page 13. Av title • to this property bring- as heir at law of said John Lopes.. This convey.Lnce is subjoct Lo a mortgage for �p9b0 to Leslie Jones on one of said parcels, which the `'-ran Lee hereby assumes and af,,reea to pay. and to all unpaid taxes and assessments. ya Witness rnL? hard and seal Lhis 16th da;,r of Septemher 1922. I'-' , her r-3 �. .. 3ignec; and scaled in presence of Lucy R. X Lopes (LS) H 1t Joseph F. Francis mark ` Commonwealth of 1lncoryrh,iantt.g, L+ristol Gs. ldew lsrdford, 3optembcr 1G 1922. Then person:_lly appeared the above name] it:c io i!c0 arid ;,c7:nacl. ded Lite+ for i C!•;0 n` _nc :rijmcnt to I+^ ),Cl- .rrr O a0 t any: acc: bcfor n c rn. Jo-cub P. -,r - yt ^h 1' arci, u;tine o: tho Poacc. a;. C., . lc, .. :irccivr!i cpLcmbnr 10, lU -2. and : rcordnd. --------- I1Y L),aC I, ,ini,nnio l:cdrirues, of IOVI Ledford in the, County of )Jris:.ol, and. Com„ron,:•r..al!:h n.{ i.;ays,:chu.netts bein nnrnu _ , ::. C 1ri_s • %• for considcr�,l:ion ,.:.id, -in �. Cr•. ry\ to hue ;,. lopes of srtid. New Bedford s'✓ith c cover,a• r GEC mart:^ uC- to sccurn 01C• p1y 111C Of Five ?r GI Thousand (�a000) dollars on dInland, or all..l1. support and, mrinLair. cold CrnnCee as p:ovidod in a bond of even date Civcn hn naid :(`, �Jc iintonio V, i,odr.riCuos to hue J ll. ropes n� Wherein trov,iclecl, duri nr her na*,t olife, and nhall ,ay all I t r:_1 ta;:ra ^.nd assn-smcnt; on i:hra L .runtcrl prnmi:es, -h:!.11 J_ }:eep th huildines thereon insurnd a[-,rii nat fire in a -um not le than j 0000. for the honefi t or said Gran too and ],or executors ucLnini•st:r,_ctor:, !,nd us-i�;00 m. and sh::11 not commit or suffer an -trip or wa-te of the Erc!.n tcd ]n'cmi.^,n13 the land in barns Lab lc, Flest Barnsteoile and Sandwich Count;; of Darn:;t:nhln 'r. *: and. -fate aforo said and bounded and de-cr.ihorl a, :ollo:r, - ];+I;? r PrJ:CIih: `s A certain tract of land situated in 1'lc3t Barn,table, County Ind st;:tc a,:oresai.d and bounded and de-cribed as follows, to tvit: Borth by land of liov,ar.J It. r- Parker; But;t by LIaple S tree t, so culled; till it comes to l':in' of Joseph }i, 1 )� Ilol,ve; r, thence :vccttorly by land of said IlolriaY about tv✓cnty-nine (C°( rod:;, thence north%rly li;; saidr.olv✓ay fund about ciC)Iteen (18) rods till it comes to U W. land of Iloti:nrd Ia, Parker to the first rnenti.oned hounds, Containing shout three ( ;) ;.,eras more or less. ;;i;C0I1) !?ARCI; A certain pioce of lt mrndocv in the wcr;tcrl" part of said Barnstable, bounded c:s folloirs: Corvt,:rr:[nC at the nortli corner 'tLdjoinine murrh of the late 21ath.cniel Hine] lev, t:ececsed, a' and runninir :;ou 1:hwco Lcrly by aid marsh to 'the upland; t:hcnce ll:,7 the upinn(7 until it. come- to land Of David Lovell; thn tic a h, -aid. hovcll'0 1!1.nd itnUl it corner, L0 the creek; thr,ncc by the crack to the first mer.tioneu bounds, and co r 1. inec] th.r.c!c lou.ds of ):sty be thr, _ more or 1^;s. Also, !1noLljcr t!icce of mculoty part sCclf: and. peat :fresh on tho natt• cido of :;mith's Doc}:, so csllcd, k and 'hounded s; follows: Comm ncinC at the north corner of the marsh, arvl" the ,. e r^t corner or mouth of I:hc Dock Creel•, and rurnin b n+ C J uid Doc.]: C re., to a sLctl:c four rod:e from the hrad of the doc)c; thence ,..Outhrrly to a tli.tch b.• the rood un Cil it comes L0 the upland; thence b the hri:.s of Jom r, l!h i tmr.:n '• -ou.Cie::::tcrly to w s tale; thench. northeas tnr lY b,. the heirs of Jon-f-, t','hitrna.n unl:il i t come Ln ( reels; thenco b,, the Cree): to t)te fi;-t mentioned houndr. and. c:or,l:. n. t::o load: :* -i of ]lay A certain piccc of .1.:1716 :31 Lu:!.trd in 'icr.t liar bound.ntl a nu cc--gibed ,•., follow, : Commr_nci na it t I:hr no.r Lh- es..^,t c > oar sod ru.r,ning r'n-Lcr,,. h.­ C]tn rai'_road until i_ t r.omcs tc� thrrlY to 1.!cn-1 Clio John rr Exhibit D i - ;n--2452 ,i;E 340 u EASEMENT - 00301 ; SEA-LAKE CORPORATION, a Massachusetts corporation with its principal place of business at P.O. Box 264, Sandwich, - Barnstable County, Massachusetts, SANDWICH CO-OPERATIVE BANK, -° CAPE COD CO-OPTATIVE BANK and CAPE COD FIVE CENTS SAVINGS BANK, as their interest appear of record; for consideration paid, grant with quitclaim covenants to CARL H. LAMPI and HENRY H. LAMPI, both of Cedar Street, West Barnstable, Massachusetts,. the right to use Wayside Lane and, the area designated as "40 ' + Wide Easement", both as shown on the plan hereinafter referred to for all purposes for which public ways are now or may hereafter be used in the Town.of Barnstable for the benefit of their land and any subdivision thereof. Reserving to the Grantors the right to use, in common with the Grantees, said Wayside Lane and 40' + Wide Easement for all pusposes for which public ways are now or may hereafter be used in the Town of Barnstable for the benefit of their remaining land not shown on said plan, whether or not presently owned by the Grantors. The above described Land and Easement is shown on a plan of land entitled "Trailvlew" a Subdivision in Barnstable Mass. Owned by: Sea-Lake Corp. Scale: 1" = 100' Oct. 23, 1975 bald Eng. Co., Inc. , Framingham, Mass." which said plan . j is duly filed with said deeds in Plan Book 301, page 99. j.% . For title see deed from Louis A. Lapio Co Inc. dated' i June 14, 1972 and recorded in Book 1674, Page 42. is There is also granted herein the right to use the following described parcel of land for all purposes for which public ways are now or may hereafter be used in the Town of Barnstable for the benefit of the Grantees' land and any subdivision thereofl.. Jr. - which said-land- is described in a deed from Alfred W. Childs, et ux to the Grantees January 1, 1968 and recorded with. A. Barnstable County Registry of Deeds in Book 1426. Page 1018: A certain parcel of land situated in Barnstable (West), Barnstable County, Massachusetts, bounded and described as follows: - Beginning at a point on the southerly side of land now or formerly of Walcott Ames as shown on a plan hereinafter _J referred to, thence running South 340 34' 20" East two hundred thirty-five (235) feet more or less to a point, thence turningg _ and running South 360 59' 30" East, ninety-Sour and 24/100 (94.2 ) - feet to a point, thence turning and running South 330 51' DO" Fast one hundred seventy-four and 17/100 (174.17) feet to a point, 'a rrcoct uu3or S GREEN • li 4.. I 1042451 tu,t 341 thence turning and running South 110 21' 17" East two hundred twenty-four and 02/100 (224.02) feet, the last four courses being by lend now or formerly of Albert W. Childs at ux as shown i on said plan thence turning and running South 610 07' 10" West twenty and 04 100 (22.04) feet by Maple Street, thence turning and running North 34 17' 30" West two hundred nineteen and 37/3.00 (g19.37) feet to a point, thence turning end running North 39 30' 40" West two hundred nine and 60/;00 (209.60) feet to a point, thence turning and running North 21 30' 40" West eighty and 00/10g (80.00) feet to a point, thence turning and running North 36 07' 30" West, eighty-five and 00/100 (85.00) i feet to a point, the last four courses being by land now or formerly of Clyde T. Brennan as shown .on said plan, thence turning and running North 340 341 20" West to a point at land now or formerly of Walcott Ames, thence turning and running Northerly by land now or formerly of said Ames to the point and place of beginning. The above described parcel is shown on. s plan entitled "Compiled Plan of Land in Barnstable, Mass. for: Sea-Lake Corp. Scale: 1" = 100, March 12, 1975 Kingsb S By g Co., Inc." which said plan is filed in Plan Book/ hdq a p�ortinn of Lot 50A as shown on said plan. Said portion of said Lot 50A is to be used by the Grantees in common with all others now or hereafter entitled to use the same. For title see deed from Frank C. Hincks, Jr. at ux dated June 19 1972 and recorded with said Registry in Book 1674, Page 244. The consideration for this conveyance is leas than- $100. n_ .C// . Executed as a sealed instrument this j c.> day,ctf.•:�1N;� f.. SEA-LAKE CORPORATION;,; r By Patti ync l: es en i i MYCOA.[II."ut n rili f" •n.,.a n M uw n. . a rn.o n• o� y � a K ..,✓ � ,° X y,i.> 4 �\e•. ,..vim o'/ fi.A,°:e. �a y ° �. � ,� .lam.,,: 5„°°,,,•�. ,� ¢3'ssa> °.» y`•v-•.Nw,�•e `1•��•^�.> C�.°"..,.�i°� ^. r ,� : eP o,'°t t r(��� \ B GIQUSTAHLF.,Mse R55. Cr¢¢.,. c•�•;.•� ti 0, +e. Se...:l'•ioo Gt .. •� �•.�^ h.0 i s .�»�� a\ig .ems' '�dn• 6µ °^; ism'�`�206 ✓'y °°• I. �e�i cs r 0 9 i�' i :•c° YY S '��i 9�. 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't9'. �> .,.I< Mm i ,,.m ° m ;�}l�c�'• ♦•. °° P s1 9 `� .•✓••y � ;> °> �. y • 1 I - � >`moo � �, � � �, r dam° O qy, I j k y .e R i �`' y�,.ti-�• i : + . °i,�b 6� b� ;yam' 1 Sj\�. -�4: \. n s �' I . • � -ntrm- I , ..,.+w•1 rv6v ,� ; � M1w \ •�L. . �,•�. .=°o si> 1 "• -mow ,. � ta„ a !? un faDu,t60. 1...' C'C °b ° I J✓yw+i ! Yw 1 � 'wy 'a ' •br ". CPo �y •f ��t! ;� t°b '�q � HA¢NST�HLc �e ,w� 6a � � 3 l: .c+w 8 Ic p `' ¢w, �e,r i✓m � /.- yw.r"s' •i • S ° i NING H•••L(] i�, •om. � '>; sr 8 ....:.,� , B� ti.�• 'T to i,• 1 S °'au —"��'-"�`0'�, � 6 v __ Q y.. 3 a'� •."`r m• •• 8� �� r: n.•m. 1 1�•' n°°°' °°.am. � °�w ` •a>w 4 ��� e _ �Y si- de —�L•!1>.t_ 1a= '�a'j ¢¢ • � '' a �y� q,� r •••r• , '1 I �%. S� ny, . B i M '"., 1:._�:,..,•�:.�•c ?d�. I f. �`�. �,L0 �� ..,•^ � .1 � �/ Via.: .� „- :,:., �,v eo,¢, w evm.a,.r. �. .fd`r_ t� .t,e" {`°• a�• a g .5.,•' er i_ �n '�:�° Al JI 1. � � F' + 1".�: ".9.}` .� ^�,�q"• • � <d rid/ �.J'aE C-100 Cal k r�r L Y o0 1Q, ' � •`b '��' 9 �� � � ��• � � � ,dam atop 444 � � ass. .� •q. a. � � Be 1 s W cf' �L N \ 0, _ 1 • off. r 27d.23 � •' r o .d` b f" 4• Exhibit B i own of Barnstable . 'THE� Regulatory Services Thomas F.Geiler,Director BARNSrABLML Building Division MASS. s63q. ��� Thomas Perry,Building Commissioner �E p � 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 July 21, 2009 Mr. J. Alexander Watt, Esquire P.O. Box 881 3267 Main Street Barnstable, MA 02630 RE: Map 110, Parcel 007 0 High Street, West Barnstable Dear Attorney Watt, This letter is in response to your documentation of July 16, 2009 regarding the above. While this lot may pre-date the 1929 adoption of zoning by the Town of Barnstable, this lot still lacks frontage which is a basic requirement of Chapter 40 §6 and also §240-91(A). Both of these require that for a lot to be protected it must have: 1. 5000 square feet of area-which this lot contains. 2. 50 feet of frontage. This lot lacks frontage. This lot is not located on a road or street and was never located on a road or street. This lot to be developed would require a variance from the Zoning Board of Appeals. You have the right to appeal this decision to the Zoning Board of Appeals. Should you require additional information, please do not hesitate to contact me. Sincerely, LJ Thomas Perry, CBO Building Commissioner R. A Exhibit B p � 4 IKE O 9AANSTAOLF- MAS& a 039• `00 p�FD MPS A Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal No. 2009-059 - Wallace, Lampi, Lampi & Bumpus Appeal of Building Commissioner Upheld the July 21, 2009 response of the Building Commissioner that the lot addressed 0 High Street lacks the required frontage of 150 feet on a way and therefore it is not buildable as-of-right. Summary: Upheld the Building Commissioner Applicant: Joan M. Wallace, Irene Lampi, Derwin Lampi and Gordon Bumpus Property Address: 0 High Street, West Barnstable, MA Assessor's Map/Parcel: Map 110 parcel 007 Zoning: Residence F Zoning District Relief Requested and Background: The subject lot in this appeal is a 5.9 acre parcel (4.3 acres upland) situated in West Barnstable. The lot appears to have been created by deed and is first shown on a 1974 plan recorded at the Registry of Deed in Plan Book 289 page 98. The lot is now vacant but once supported cranberry bogs and a sand pit. Between the years 1973 and 1975, the land easterly of the lot was subdivided as shown on a plan entitled "Trailview a Subdivision in Barnstable. Mass", recorded 1975 in Plan Book 301, page 99 (Subdivision No. 290). In that plan a 40-foot wide easement was defined over Lot No. 95 (a/k/a Lot No. 95A) linking Wayside Lane with the subject lot. In 1977 rights over that easement and to Wayside Lane were granted to Henry H. Lampi and Carl H. Lampi (Book 2451 page 340). In 1981, Carl H. Lampi, individually purchased the subject property (Book 3390 page 291), and in 2007, upon the passing of Carl Lampi, the lot passed into the Estate of, Carl H. Lampi, Peter A. Sundelin, Executor (Book 21820 page 108). On July 16, 2009, Attorney J. Alexander Watt, on behalf of Mrs. Shirley Wallace requested the Building Commissioner's opinion on the buildabilty of the lot for a single or two-family residence. The letter cited the "sole issue" in the request was that of the property's lack of frontage. The letter presented information and concluded that the lot "was created prior to zoning and thus prior to any frontage requirement [and] it appears that the property would be eligible for a building permit for a single or two-family dwelling pursuant to Section 240-91(A)" Nonconforming lot. On July 21, 2009, the Commissioner responded to Attorney Watt's letter stating that the lots "still lacks frontage which is the basic requirement of Chapter 40A Section 6 and also Section 240- 91(A)". The letter cited that the "lot is not located on a road or street and never was located on a road or street." Town of Barnstable,Zoning Board of Appeals Xb i; Decision and Notice on Appeal No. 2009-059-Wallace, Lampi, Lampi & Bumpus : `1 Procedural & Hearing Summary: On August 20, 2009, an appeal was filed with the Town Clerk's Office and at the Zoning Board's Office appealing that July 21, 2009 response by the Building Commissioner. The appeal was accompanied by a series of exhibits and requested "the Board overturn the Building Commissioner's determination and declare that the property is entitled to the protection of Section 240-91 .A." The appeal was filed under the names of Joan M. Wallace, Irene Lampi, Derwin Lampi and Gordon Bumpus. A public hearing before the Zoning Board of Appeals was duly advertised and notice sentto all abutters in accordance with MGL Chapter 40A. The hearing was opened October 7, 2009, continued to October 21, 2009, and to December 9, 2009, at which time the Board found to uphold the decision of the Building Commissioner. Board Members deciding this appeal were, William H. Newton, Michael P. Hersey, Craig G. Larson, Alex M. Rodolakis and Board Chair, Laura F. Shufelt. Attorney J. Alexander Watt represented the Appellants during the hearing. At the October 21, 2009 hearing he submitted a memorandum on standing and presented his argument that the Appellants have standing to appeal the decision of the Commissioner. After that he addressed frontage, stating that the lot was created in 1922 predating zoning requirements for the Town. Therefore, the lot is a pre-existing legal grandfathered lot and developable under current zoning as-of-right. He noted that the lot has access over an easement to Wayside Lane that was created as shown on a 1974 recorded subdivision plan that created Wayside Lane. Attorney Watt noted that the lot has been used for cranberry bogs and a sand pit, but is currently vacant. The 40-foot easement to Wayside Lane was granted in 1977 shortly after the abutting subdivision was approved. Attorney Watt indicated that prior to 1975, the lot was accessed over the land area that today creates Wayside Lane. The Board and Attorney Watt discussed the possibility of extending Wayside Lane into the lot and thereby creating sufficient access via subdivision control. Attorney Watt noted that it would require the Planning Board approval and he has not reviewed that possibility with the Planning Board. Steve Wallace, custodian of the property; addressed the Board stating that Wayside Lane is an old road from Crocker Road that had provided access to the cranberry bogs on 0 High Street and to a lot addressed as 350 Wayside Lane.. He stated that the road dates to the 1800's. The public was invited to speak. Mr. Paul S. Cotton, an abutter at 21 Parrish Way and president of the Parrish Acres Community Association addressed the Board stating that the association's Board had voted to support the Building Commissioner and are asking the Board to deny this appeal and uphold the Commissioner. The Board determined that they would continue the appeal to December 9`h in order to secure the Town Attorney's opinion on the interpretation of Section 240-91.A of the ordinance. At the continuance, Attorney Watt summarized past testimony and addressed Town Attorney David Houghton's response to the Board stating the interpretation of Rourke verses Rothman, 448 Mass. 190 (2007) supports the argument that the lot is grandfathered. Therefore, the lot should be buildable as-of-right as it exists and without frontage on a way. He stated that the lot has been in existence prior to inception of zoning and therefore no frontage is applicable. 2 n , Town of Barnstable,Zoning Board of Appeals �d1" \ Decision and Notice on Appeal No. 2009-059-Wallace, Lampi,Lampi &Bumpus Town Attorney T. David Houghton addressed the Board noting the jurisdictional issue. He stated that the Commissioner's statement, which is being appealed, may not constitute a decision. It is what the Applicant requested, an "opinion". The statement before the Board is not based upon a refusal of a building permit or based on an action taken by the Commissioner. It is an opinion. Attorney Houghton stated that an opinion may not rise to that level authorized in MGL Chapter 40A Section 8 or 15 to be an appealable action. He cited that the underpinning on the frontage issue is that instrument that created the lot and if that instrument provides information to clearly identify the lot. He noted Dowling vs. Board of Health of Chilmark. In that case, the operative deed for lot creation must provide sufficient notice identifying the land at issue. In his opinion, the Appellant has not submitted sufficient information to determine which instrument was the latest recorded instrument that supplied that information on the land in question. The Board asked if an issue on which deed/plan created the lot was more an issue for.the Land Court to decide. Attorney Watt noted that the recorded 1974 plan references the 1922 deed. The Board asked if there was an easement prior to 1977 from the lot over that land that is today Wayside Lane. Attorney Watt thought the easement existed by reference in deeds prior to 1977 and perhaps as far back as 1922. The Board noted that they could not accurately determine if the easements cited are indeed over that land that is today Wayside Lane. The Board also expressed their concern for addressing the issues relating to the "operative deed" and the easement as those findings related to issues that are best left to the Land Court to rule on. The Chairman asked Attorney Watt if he would like to table the appeal issue and move on with Appeal No. 2009-060 which requested a variance to the-frontage requirement for the subject lot. Attorney Watt indicated that he prefers a decision on the appeal of the Commissioner before proceeding with a variance. The Board determined they would move the appeal issue. .Motion & Finding of Fact At the hearing of December 7, 2009, a motion was duly made and seconded to uphold the Building Commissioner's response of July 21, 2009 that the property addressed as 0 High Street, West Barnstable lacks frontage based upon the following: 1. The Building Commissioner reviewed the issue of the lot having legal frontage and rendered his opinion as requested by Attorney Watt on behalf of Mrs. Shirley Wallace. His opinion was based on the information submitted to him at that time and the Commissioner expressed his opinion that the lot has no frontage on a designated way. The information submitted to the Commissioner included copies of the subdivision plan creating Wayside Lane that clearly showed the designated way terminating prior to the subject lot. In addition, the recorded 1974 plan of the lot at issue shows it does not front on a way. 2. The Appellants in this appeal have not shown sufficient proof to this Board that the subject lot met the requirements as a pre-existing, legally created nonconforming lot that would have those rights to be developable without zoning relief. From the information submitted, a reasonable person would have concluded that the lot has no frontage on a way. The vote was as follows: AYE: Michael P. Hersey, Craig G. Larson, Alex M. Rodolakis Laura F. Shufelt NAY: William H. Newton 3 Town of Barnstable, Zoning Board of Appeals Decision and Notice on Appeal No.2009-059-Wallace, Lampi, Lampi &Bumpus a`I•I Mr. Newton voted in the negative having cited that from the information submitted, it is his assessment that the lot predated the 1929 enactment of zoning and the 40-foot easement provides access to Wayside Lane that the property owners have had the rights to use since 1977. Ordered: Appeal No. 2009=059 has upheld the Building Commissioner on his July 21, 2009 response to the issue of frontage for a lot addressed as 0 High Street, West Barnstable, MA. 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 Barnstable Town Clerk. J�b3/a 9 Laura F. Shufelt, Ch it Date Signed I, 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 under the pains and penalties of perj ury. Linda Hutchenrider, Town Clerk i 4 Loni,6g, Board of-Appeals (ZBA) Abutter List for Map & Parcel(s): '110007' Parties of interest are those directly opposite subject lot on any public or private street or way and abutters to abutters. Notification of all properties within 300 feet ring of the subject lot. Total Count: 26I Close Map & Parcel Ownerl Owner2 Addressl Address 2 -Mailing Country Deed CityStateZip OBRIEN, DANIEL F W BARNSTABLE, 109005009 JR TR P 0 BOX 481 MA 02668 USA 19621/239 109005010 KOESEL, JOHN G& 56 LOTHROP'S LN W BARNSTABLE, 21833/291 WENDY F MA 02668 110001011 HEBDITCH, PIKE-HEBDITCH, 173 PERCIVAL W BARNSTABLE, USA 10126074 RANDALL& JACQUELINE DRIVE MA 02668 110001012 MACURDY,JAMES K 163 PERCIVAL DR W BARNSTABLE, 16126/088 & KERRY A MA 02668 KANE,110001013 HOLLY STEPHEN) & &STEPHAHARLET, MICHAEL WEST 159 PERCIVAL DR BARNSTABLE, USA 11022/087 HOLLY A J &STEPHANIE M MA 02668 110001014 PALMER, COURTNEY 149 PERCIVAL DR W BARNSTABLE, USA 11066/291 C&MELISSA S MA 02668 110001015 HOLLIS, PIPER R 141 PERCIVAL AVE W BARNSTABLE, 21617/162 MA 02668 110001016 CASALI, ERNEST J & 129 PERCIVAL DR W BARNSTABLE, 12046/153 DEANNA E MA 02668 LAM PI, IRENE& C/O WALLACE, BARNSTABLE,110007 DERWIWIN & BUMPUS, WALLACE, SHIRLEY STEVE P O BOX 490 MA 02668 03P1735EP1 GORDON & 110008 BARNSTABLE, 200 MAIN ST HYANNIS, MA 13119/260 TOWN OF(CON) 02601 LAMPI, IRENE& C/O WALLACE, W BARNSTABLE,110009 DERWIN & BUMPUS, WALLACE, SHIRLEY STEVE P 0 BOX 490 MA 02668 03P1735EP1 GORDON& 110016 BOURQUE,JOHN D 80 CROCKER ROAD W BARNSTABLE, USA 12813/O10 &DEBBIE M MA 02668 110017 PRINCI, PATRICK M 29 WAYSIDE LN W BARNSTABLE, 13107/022 MA 02668 110018 FEELEY, GAYLE L& 41 WAYSIDE LANE W BARNSTABLE, FULLER, DAVID MA 02668 USA 10597/254 110019 MEAGHER, NANCY F 26 WAYSIDE LN W BARNSTABLE, 21594/98 MA 02668 110021. FUREY,THOMAS J& 10 WAYSIDE LANE W BARNSTABLE CYNTHIA A MA 02668 USA 9840/134 110025014 PARRISH ACRES P O BOX 733 W BARNSTABLE COMM ASSOC, INC MA 02668 15907/268 REZENDES, 110039 CHRISTOPHER& 80 LOTHROPSLA W BARNSTABLE, USA 17594/220 CHERYL MA 02668 110040 CARLETON, ROBERT 98 LOTHROPS LANE W BARNSTABLE, T&DAWN MA 02668 USA 8435/086 110041 CARROLL, JOSEPH P 114 LOTHROP'S W BARNSTABLE, USA 7774/051 &KATHRYN LANE MA 02668 110042 SHRAMEK, GARY M GARY M SHRAMEK 134 LOTHROPS LN W BARNSTABLE, 21565/28 TR 2006 REV LVNG TR MA 02668 110043 BOULE, MICHAEL& GMAC MORTGAGE PO BOX 569760 DALLAS,TX USA 9179/311 LAURA CORP 75356 110044 W BARNSTABLE,MA COTTON, PAUL S 21 PARRISH WAY MA 02668 15907/266 110045 NUGNES,JENNIFER 23 PARRISH WAY W BARNSTABLE, 12021/186 H MA 02668 110046 MURPHY,JOHN C& MURPHY, DIANE M 24 PARRISJ WAY W BARNSTABLE, USA 10148310 MA 02668 111069 WEEKES CROSSING P 0 BOX 834 W BARNSTABLE, USA 6243/265 COMM ASSOC MA 02668 This list by itself does NOT constitute a certified list of abutters and is provided only as an aid to the determination of abutters. If a certified list of abutters is required,contact the Assessing Division to have this list certified.The owner and address data on this list is from the Town of Barnstable Assessor's database as of 9/11/2009. i TOWN OF BARNSTABLE:ZONING BOARD'OF APPEALS . � NOTICE OF PUBLIC HEARING UNDER 'LEGAL J 1 THE-ZONING ORDINANCE Jarnztdble Patriot OCTOBER 7,2009- To all persons interested in,or affected by the Zoning Board of Wallace,Lampi,Lampi&Bumpus Appeals under.Section-11;of Chapter 40A of the General Laws of ' the Commoriwealtti of Massachusetts,and all amendments thereto ! Joan M.Wallace,Irene Lampi,Derwin Lampi and Gordon Bumpus you areherebynoItfiedthat r have appealedthedecisionoftheBuil ngCommissio dinerdatedJuly 7:00 PM Remand of Appeal No.100T-059 21,2009. In that decision,the Commissioner determined that the S3:00ifu lougfi subject lot lacks the required frontage of 150 feet on a way. The By an'Agreem.k of Remand,Appeal No.2007-059 has been appeal is being made pursuant to MGL Chapter 40A,Section 15 remanded back to the Zoning Board of Appeals for a new hearing and is seeking the Zoning Board ofAppeals to overrule the Building Commissioner's decision.'The subject property is a 5.9 acre lot ac to.alTord the Board an opportunity to review a request to modify • cessed over a 40-foot easement from Wayside Lane.The property ,CeAdition.4 of.the variance issued: That condition involves the is addressed as 0 High Street,West Barnstable,MA and is shown issue of access to the lot The variance was issued to Donna Swift is addressed Map 1 g S eet,Par Westel a is in a Residence is Zoning Clough for relief from Sections 240-36 and 240-13.E,Bulk Regula-. District and the Resource Protection Overlay District. lions,Minimum LotArea and Resource Protection Overlay District. 7:00 PM Appeal No.2009-060 The variance created a buildable undersized lot from a lot that'has Wallace,Lampi,Lampi 8,Bumpus merged due to common ownership with adjoining lots.The subject properties are addressed 99 8 109 Old Salem Way'and 83 Swift Joan M.Wallace;Irene Lampi,Dennrin Lampi and Gordon Bumpus have applied for relief from Section 240-14.E Bulk Regulations, Avenue;Osterville,MA.as shown onAssessoi's Map 165asparcels Minimum Lot Frontage. The applicants are seeking relief from the "041,036 and 122. They are in a Residence C Zoning'District and the Resource Protection Overlay District. required 150 feet of frontage. The subject property is a 5.9 acre lot- 7:00 PM 'Appeal No.2009-M' accessed overa40-foot easement from Wayside Larie.The property. PoyanUCentervillechopping Centel is addressed as 0 High Street,West Barnstable,MA and is shown Marcel R.Poyant;TrusieeofCentervilleShoppingCenterNominee onAssessor's Map 110 as Parcel 007.It is in a Residence F Zoning, District and the Resource Protection Overlay District.- ` I Trust,has applied fora Conditional Use Special Permit pursuant to 'These Public Hearings will be held at the Barnstable Town Hall, Section 240.25.C..The petitioner is seeking the permit to allow 900 367 Main Street,Hyannis,MA,Hearing Room,2n0 Floor,Wednes-. sq.ff:,'of the existing commercial building(1'of the 10 units)to be day,October 7,2009 at 7:00 PM. Plans and applications maybe used as a retail store.and salesroom and/or a shop for tailoring and reviewed attheZoning Board of4pealsOKce,Growth Management. retaifsalesof clothing,slipcovers and other fabric related items.The Department Town Offices,200 Main Street,Hyannis,MA. subjedpropertyis ,addressed as 1682 Falmouth Road,Centerville, Laura F.Shufelt,Chair k1 And is stiown on Assessor's Map 209 as parcel 003. It is in a j . . Zoning Board of Appeals Highway Business Zoning Distridc`•: :, 7:00 PM""Appeal No.2009-059 ' The Barnstable Patriot September 18 and September 25,2009 Town of Barnstable Regulatory Services Q, Thomas F.Geiler,Director IARNSTABLEr Building Division s63y Thomas Perry,Building Commissioner �Fvnne't° 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 July 2.1,.2009 Mr. J. Alexander Watt, Esquire P.O. Box 881 3267 Main Street Barnstable, MA 02630 RE: Map 110, Parcel 007 0 High Street, West Barnstable Dear Attorney Watt, This letter is in response to your documentation of July 16, 2009 regarding the above. While this lot may pre-date the 1929 adoption of zoning by the Town of Barnstable, this lot still lacks frontage which is a basic requirement of Chapter 40 §6 and also §240-91(A). Both of these require that for a lot to be protected it must have: 1. 5000 square feet of area which this lot contains. 2. 50 feet of frontage. This lot lacks frontage. This lot is not located on a road or street and was never located on a road or street. This lot to be developed would require a variance from the Zoning Board of Appeals. You have the right to appeal this decision to the Zoning Board of Appeals. Should you require additional information, please do not hesitate to contact me. Sincerely, Thomas Perry, CBO Building Commissioner i Town of Barnstable •BAMUMBI$: Zoning Board of Appeals Laura F. Shufelt, Chair 200 Main Street, Hyannis, Massachusetts 02601 Phone(508) 862-4785 Fax(508)862-4784 Growth Management Department 367 Main Street, Hyannis, MA 02601 JoAnne Miller Buntich, Interim Director October 27, 2009 a —I o ;Z Ruth J. Weil, Town Attorney -Jm Town of Barnstable, Town Attorneys Office 367 Main Street Hyannis, MA '02601 w ]moo. Go _ r-- N M Reference: Request for review of an argument made in Appeal 2009-059 Wallace, Lampi, Lampi & Bumpus, an Appeal of the Building Commissioner- concerning grandfathering rights of a single nonconforming lot, addressed, 0 High Street, West Barnstable (Map 110 Parcel 007) accessed via Wayside Lane. i Dear Attorney Weil, The Zoning Board of Appeals is seeking a review and opinion from your office regarding an argument presented by Attorney J. Alexander Watt concerning the grandfathering of the above referenced parcel. On October 21, 2009, Attorney Watt presented a line of reasoning concluding j that the subject property is a grandfathered lot under Barnstable's Zoning Ordinance and is legally buildable today as-of-right. The crux of his argument stated that Section 240-91.A, Nonconforming Lot, regarding the separate lot exemption in Barnstable's Ordinance, is more liberal than the states statute (MGL Chapter 40A Section 6). For background on the subject property: ■ The lot is a 5.9 acre parcel created by deed that dates to at least 1922. The lot has no frontage on a designated "way". ■ The lot is shown on a 1975 plan recorded at the Barnstable Registry of Deeds. ■ An easement to the lot was created in 1975 as a part of an abutting subdivision plan. The easement is 40 feet wide and is located on a lot addressed.41 Wayside Lane, Barnstable MA. The easement appears to be 27+/-feet long and connects Wayside Lane with the subject property. ■ The rights to use the easement were granted to the former owners in 1977. Attorney Watt argued that second provision (2) of Section 240-91.A, that reads the minimum frontage requirement for the zoning district in which it is located" must be read in combination with paragraph A, the "separate lot exemption" and its reference to "time of recording or endorsement". That paragraph and provision (2) reads as follows: a October 27, 2009 letter to Ruth J.Weil,Town Attorney Page 2 ■ Paragraph A "Any increase in area, frontage, width, yard or depth requirement of this chapter shall not apply to a lot for single-or two-family residential use which at the time of recording or endorsement: [emphasis added]" ■ Provision (2) "Had a minimum of 5,000 square feet of area and 50 feet of frontage or the minimum frontage requirement for the zoning district in which it is located [emphasis added]; Attorney Watt reasoned that the "time of recording or endorsement" of the subject lot was that date the deed was filed which created the lot, or prior1922. At that time in 1922 there was no zoning in Barnstable- no applicable zoning district. Therefore, no minimum area requirement and no minimum frontage requirement were applicable and the subject lot meets the requirements of the second provision. Based on that reasoning, Attorney Watt concluded that the lot should be considered a separate legally-created, pre-existing nonconforming lot with respect to frontage and buildable as-of-right under Barnstable's Zoning Ordinance. The Board would appreciate the Town Attorney's Office review of this argument and assist the Board in determining if that is the interpretation that should be made of provision (2) of Section 240-91.A, and applicable to the subject lot. Materials submitted have been attached to this letter. Please feel free to communicate directly with Attorney Watt on this issue. If you should need any additional assistance from this office please do not hesitate to call. This appeal was continued to December 9, 2009. The information for that hearing will be transmitted to the Board members on December 2, 2009. On behalf of the Board, I would like to thank you and your office for their assistance in this matter. Re pectfully, 1 L Arth r P. Tr czyk, Regulatory Review/Design Planner File- oning Board of Appeals-Correspondence-2009-L102709 to Weil on zba 2009-059r.doc Attach: Copy of Application, Staff Report,Attachments and Supplemental Materials submitted Copy: Laura F. Shufelt,Zoning Board of Appeals,Chair Attorney J.Alexander Watt T.ho.mas-Perry;_B:u ldi_ng-C-ommissioner� JoAnne Miller Buntich, Interim Dir Director,Growth Management Department ,ZBA Files 2009-059—Wallace, Lampi, Lampi & Bumpus