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0057 WIDGEON LANE
677 UPC 12543 No, HASTINGS, AAN r a s d a6 3 a 4-S Town of Barnstable *Permit# Expires 6 months from issue date Regulatory Services Fee !1�6 , iE d • anaxsrnsM MASS. Thomas F.Geiler,Director " Building Division Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.bamstable.ma:us Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number Property Address Q-('"� X Residential Value of Work Minimum fee of$35.0.0`foorr.work under$6000.00 Owner's Name&Address VL �� Gt'�v`�" 6 27 8 o Contractor's Name JAC ' Telephone Number so D Home Improvement Contractor License#(if applicable) O 1 9 A Construction Supervisor's License#(if applicable) C JE]Workman's Compensation Insurance X P R G S S PERMIT Check one: ❑ I am a sole proprietor J U N -5 2012 ❑ I am the Homeowner �I have Worker's Compensation Insurance Insurance Company Name A Cc �� TOWN nF BA RnlSTABLE Workman's Comp.Policy# ^`� Copy of Insurance Compliance Certificate must accompany each permit. Permit Request(check box) Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to ❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof) 659-Re-side #of doors ❑ Replacement Windows/doors/sliders.U-Value (maximum.35)#of windows *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the Home Im rovement Co tractors License&Construction Supervisors License is r quired. SIGNATURE: C:\Users\decollikWppData\L.ocaIMcrosoft\Windows\Temporary Internet Files\Content.Outlook\DDV87AAZ\EXPRESS.doc Revised 072110 The Commonwealth ofAfassachusetts DeparknEnt of IndwstridAccidents l Ofi7ce of Investigations it 600 Washington Street Boston, AL4.02111 www.mass.gov/dia Workers' Compensation Insurance A-Milavit: Builders/Contractors/EIectricians/PIumbers Op&cant Informations PIease Print LeZibIy KTame (Busincss/Organiva mVEndividuaI): E-l> . f )ocd-L5 7;LC kddress: i City/State/Zip: 65L.0 O,L .,t W 026 55 Phone#: 9M Z O l � Are you an employer? Check the appropriate box; Type of project(required): I.&+am a employer with /� 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6• ❑New construction 2. ❑ I am a sole proprietor or partner- Iisted on the attached sheet 7 ❑Remodeling ship and have no employees These sub-contractors have 8. ❑ Demolition working for.me in any capacity. workers' comp. insurance. 9. ❑ Building addition No workers' comp,insurance 5. ❑ We are a corporation and its required.] officers have exercised their I0.❑Electrical repairs or additions 3. ❑ I am a homeowner doing all work right of exemption per MGL 1 1.❑PIumb'ing repairs or additions myself. [No workers' comp. c. 152, §I(4), and we have nD 12.�Roof repairs insurance required] t employees. [No workers' comp. insm-ance required.] 13.1�5 Other Si��. *Any ipplirsrrt that checks box#1 must also fjU ont the section below showing their workers'compensation Policy information t HD=owncrs who submit this affidavit-indicating they am doing all wort and then hire outride contractors must submit a new.affidavit indicating such. 1Con odors that check this box must attached an additional shectsbowing the name of the sub-contractors and their workers'comp.policy information. I arrz an employer that fs providing workers'camperrsadon huarance for my enzp[oj,ee.� Below rs the policy and fob site ClLforTrt�orr. . Insurance Company Name: Policy#or Self-ins. Lic. #: Q3Z 3 8 Ip ( Expiration Dec.- 3 t! Job Siia Address: S-4 o zC� O`1 a", City/State/Zip: Attach a copy of the workers' co peasation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. I52 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment•, as well as civil penalties in the form of a STDP WORK ORDER and a fine of up to$250.00 a day, against the.-violalnr. Be advised that a copy of tbis statement may be forwarded to the Office of Investigations of the DIA for ir,mzwce coverage verification. I do hereby certify under the pains analPamaMkf of perjag tlzat the information provided above is true and correct ' Sip-nature: Phone#: a� 7ZU Fth or►ly..Do riot write in this area to be completed by city or town ofJzcia(n: Permit/License ority(circle one): Health 2: Building Department 3. City/Town Clerk 4. Electrical Inspector 5, Plumbing Inspector Client#:646400 2NORRISEB ACORD. CERTIFICATE OF LIABILITY INSURAN U AI E(MMN U/YYYY) CE 051(. /2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement,A statement on this certificate does not confer rights to the certificate holder in lief(of such endorsement(s). PHODUCEH CONTACT NAME: Dowling &O'Neil PHONE 508 775 1620 FAX 5087781218 (AIC,Nu,EAQ: (IC,Nu): Insurance Agency E-MAIL ADDRESS: 973 lyannough Rd., PO Box 1990 INSURER(S)AFFORDING COVERAGE NAIC A Hyannis, MA 02601 INSUKEH A:Acadia Insurance INSUHEU INSURER B: E. B. Norris&Son., Inc. INSUKEH C 138 Ostervilla-West Barnstable Road INSURER D: Osterville, MA 02655 INSUK EKE INSURER F: COVERAGES CERTIFICATE NUMBER( REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS., EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LI NH TYPE OF INSURANCE NSR WVD POLICY NUMBER POLICY EFF POLICY EY.P LIMITS ADULSUkIR (MOLIC YI=PP (POLIC YYYY) A GENEHALLIAHILIIY BINDER338665 5/03/2012 05/03/201 FA(,HOCOIIHHFN(;F $1 000000 X COMMERCIAL GENERAL LIABILITY I,NFmOAMAr(�F7 FR nlrnumnrr. $250 000 CI AIM',;-MAI)I- n OCCIIH I-AFI)I-XF(Any mr.pr.mon) $5,000 FFH(iONAl R AI)V IN.10HY $1 000 000 GENERAL AGGREGATE $2,000,000 61-1,11 A66HFI4AIFIIMII APF'IIF' PFH: PH(1I111C1:i-COMP101'AGG $2,000,000 POLICY PHO LOC $ AU OMOBILE UABILI I (:I7PAHINFII,=:IN(il F I IMII (En nuuidenl) $ ANY AUTO BODILY INJURY U'uI vh)ewn) $ ALL OWNED SCHEDULED HO1111 Y IN.II IN (Pnrnrr.lr)rnt) $ AII1O; AIIIOF "I'll Xmi,1HI PH( f 71)FFHIY I)AMAC;F $ HIRED AUTOS At 1 Ofi euuid7nl $ UMBHELLA LIAR OCCUR •} FACH OCCfIHHFNCF $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ LIED RETENTION $ A WORKERS COMPENSATION BINDER338666 5/03/2012 05/03/201 X WH;Ash FFH AND EMNLOYEKS'LIABILI I Y ANY F'HOFHIF I(1H/P AHIMFWFXF(;I11 IVF YIN E.L.EACH ACCILIE14T $500,000 OFFICER/1AEMBER EXCLUDED? 7 N I A (Mandalory In NH) F.I.DIIRFA$F.FA I-Mill OYFF $500 000 If vas•dysuiU5 under UF:;CHIP I IOh10F OFFHA IlO1VR hnInw E.L.DISEASE-POLICY LIMIT $500,000 UESCKIP I ION OF OPEHA I IONS/LOCAI IONS I VEHICLES(Allach ACOKU 101,Additional Hamarhs Schodula,If more sp eo Is raqulrad) Insurance coverage is limited to the terms, conditions,exclusions,other limitations and endorsements. Nothing contained in the certificate of insurance shall be deemed to have altered,waived,or extended the coverage provided by the policy provisions. CERTIFICATE HOLDER CANCELLATION Town of Barnstable SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Hyannis, MA 02601 AU I HOHILEU HEP HESEN I A I IVE I .-7y!%Ati.nt�le- "'q" G•{;�ilr,-,u.'�m, �yraq 0 e„ OL 1988.2010 ACORD CORPORATION,All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S96106/M96105 LS1 May 30 12 04:28p p.2 oFtKE y r,/h``P�oR� `1•• snxxsraste. S. / Town of Barnstable ppEDMp�s Regulatory Ser-tices Thomas F.Geiler,Director Building Division Thomas Perry,CBO Building Commissioner 200 N•Sain Street; Hyannis,MA 02.601 www.town.barnstable.ma.us Office: 508-862-403S Fay: 508-7790-6230 Property Owner Must Complete and Sign This Section If Using A Builder z, oitc�1'�i�ttD}OQ.J9'G'L -��ro�5�"e6z1 as Ovmer of the sLbject property hereb7,authorize tf `J 's 1 to act on my behalf, in all matters relati-Te to work authorized by this building permit application for: (Address of Job) t"Z S afore f Owner Date Winch M�uulowi Z Print Narne If Property Ov%-ner is applying for permit,please complete the Homeowners License Exemption Form on the reverse side. C:,Usets decellik,..4ppData;Locar ft4icrosofi\WindowslTempoary•Internet Files\.ContentOudoekODVS?AAZ1E:CPRESS.doe Revised 072110 i ' t • t I Office of Consumer Affairs and Business Regulation _ = 10 Park Plaza - Suite 5170 Boston, Massachusetts 02116 Home Improvement Contractor Registration Reqistration: 102014 Type: Private Corporation Expiration: 6/30/2014 Tr# 223290 ERNEST B. NORRIS & SON INC Craig Ashworth 138 Osterville W. Barnstable rd. Osterville, MA 02655 Update Address and return card.Mark reason for change. Address �j Renewal n Employment Lost Card SCA 1 0 20M-05/11 U/CG' �(f.+•7�br�cOilClrBIIIC�o.��G�C6JJl�C�IIJCCId y� License or registration valid for individul use only \_ Office of Consumer Affairs&Business Regulation before the expiration date. If fodrid return to: IVOME IMPROVEMENT CONTRACTOR Office of Consumer Affairs and Business Regulation registration: 102014 Type: r Private Cor .oratioc 10 Park Plaza-Suite 5170 Expiration: 6/30/2014" p Boston,MA 02116 ERNEST B. NORRIS.&SON INC Craig Ashworth 138 Osterville W. Barnstable rd Osterville,MA 02655 Undersecretary No valid without signature } .:-�✓� `tea i � 1 1..� �,�.:"�_�..�.�! �!"�+jr^at �+v-r-(.__:i , '�—_ _•,.. ��, 1,. tF L._�� _ �-�,. i —}<: �+�7 ___. i l � '� _' i _ _ i �1'.1 r �._. � 1 _—ram•-- I.. •. / �' l i iJ s I i � �—_1 ,.� f. —'_(�' �` ti Ar ' r Massachusetts- Department of Public Safety Board of'Building Regulations and Standards Construction Supervisor License License: CS 15851 Y CRAIG Nt ASHWORTH w.{ ;,138 0ST'1N jBARNST,ABLE ,... �OSTERVILLE a*MA,026, F x"3 Expiration: 9/28/2013 Commissioner, Tr#: 522 y� O — --->_ _ c'��,. �i'Y1' lNO��c� py j'-P���n 6�'�' ..� Parcel Lookup Page 1 of 1 �F THE t . I 1 GAR\SrAttI-) y i L G 'E9 M !i7/�C/JGi LV ssE ��BL�. F� 1 Logged In As: Parcel Lookup Friday, It Road Lookup Condo Lookup Multiple Address Lookup Reports Search Options , Search By Owner Owner Name MIKU �, Search <Prev Next> Page 1 of 1 Rows/Page Parcel Location Owner Village Ma 247-013 132 CLIFTON LANE MIKUTOWICZ, JOHN F & GEORGE CEN 241 179-001-OOA 990 MAIN ST./RTE 6A(W.BARN.) MIKUTOWICZ, JOHN F & NANCY WB 17E 179-001-00B 990 MAIN ST./RTE 6A(W.BARN.) MIKUTOWICZ, JOHN F & NANCY WB 17� 179-001-OOC 990 MAIN ST./RTE 6A(W.BARN.) MIKUTOWICZ, JOHN F & NANCY WB 17� 179-001-OOD 990 MAIN ST./RTE 6A(W.BARN.) MIKUTOWICZ, JOHN F & NANCY WB 17� 179-001-OOE 990 MAIN ST./RTE 6A(W.BARN.) MIKUTOWICZ, JOHN F & NANCY WB 17� 073-030 59 POINT ISABELLA ROAD MIKUTOWICZ, JOHN TR COT 07: 132-036-001 57 WIDGEON LANE MIKUTOWICZ, JONAH J & EMMA D WB 13, 132-036-002 251 MAPLE STREET MIKUTOWICZ, NANCY A& DIETZ, ABRAHAM P WB 13, http://issql/intranet/propdata/lookup.aspx 6/6/2008 I � I Barnstable TOWN OF BARNSTABLE MAHmericaCRY BARNSTABU. OFFICE OF TOWN ATTORNEY I I y MASS. �a 1639. 367 MAIN STREET IEDa HYANNIS, MASSACHUSETTS 02601-3907 2007 RUTH J.WEIL,Town Attorney ruth.weil@town.barnstable.ma.us T. DAVID HOUGHTON, 1st Assistant Town Attorney david.houghton@town.barnstable.ma.us CHARLES S. McLAUGHLIN,JR.,Assistant Town Attorney charles.mclaughlin@town.barnstable.ma.us CLAIRE R.GRIFFEN, Paralegal/Legal Assistant claire.griffen@town.barnstable.ma.us PAMELA D.GORDON, Legal Clerk TEL.508-862-4620 -FAX.508-862-4724 MEMORANDUM March 11, 2008 To: Tom Perry, Building Commissioner From: Charles S. McLaughlin, Jr. CC: Ruth Weil, David Houghton,John Kenney, Bruce Gilmore Re: Mikutowicz Property Dear Tom D� You have asked whether Lot 1 on the plan recorded at the Registry in Plan Book 366, Page 16 may be built upon for residential purposes or, put another way, whether its nonconformity caused by one or both of two zoning amendments resulted in a merger with Lot 2. As a starting point, I have assumed most, if not all, of the facts in Attorney Peter Sundelin's memorandum sent to you by John Kenney on February 12. Three scenarios are presented and are analyzed separately, as follows: I. What is the effect of the 1984 zoning change that increased the amount of required contiguous upland from 70% to 100%? Lot 1 appears to have been rendered non-conforming as a result of this zoning amendment. I say "appears" because the plan (366/16) shows 1.07 acres of upland which seems to be distributed in three separate non-contiguous areas; none of the three upland areas on the plan shows the square footage but I assume for purposes of this analysis that if either one of the two smaller areas is subtracted from "total upland" of 1.07 acres, the net would then be less than the required 1.0 acre of required contiguous upland. If this assumption is correct, Lot 1 becomes non-conforming with respect to the requirements of the 1984 amendment. In light of this non-conformity, must Lot 1 and 2 merge as a matter of law? To answer this question, one must examine §240-91..Section 91A is inapplicable. Sections 91B & C would, if applicable, provide protection for five years from plan endorsement provided that the lot was conveyed out of common ownership or a residence was built on the subject lot; neither of these conditions was met. Section 91D is inapplicable as well. y Section 91E dealing with subdivision plans does provide limited protection and is applicable. However, that protection only lasts for eight years from plan endorsement. This plan was endorsed by the Planning Board on August 25, 1981 and the 91E protection would therefore have expired in 1989. I also note that prior versions of the General Laws provided seven years of protection in some instances, although it is not clear that this opinion would be affected by such earlier versions of the law. Therefore, in the absence of any agricultural use protection (discussed in section III, below), I am of the opinion that lot 1 would have merged with lot 2 in 1989. I should point out that I respectfully disagree with Attorney Sundelin's argument that the contiguous upland requirement is somehow not included in the definition of "area, frontage, width, yard, or depth" computations that must be considered in determining if a lot is rendered nonconforming. The contiguous upland requirement §240-7 (C) clearly requires that wetlands not be included in computation of lot area"for zoning compliance."The language of sections 7 C.and 7 E when read together, as they must, are exceptionally clear and must be given their obvious meaning. The definition of"area" within the context of the zoning ordinance necessarily must be interpreted to mean "contiguous upland area" in order to give consistent effect to sections 7C and 7E. II. What is the effect of the 2000 zoning change (RPOD, §240-91G) that increased the minimum lot size to two acres? Deferring the agricultural use discussion for the moment, Lot 1 does not comply with §240- 91 G (1)(a) with respect to "applicable bulk requirements" because the lot apparently' did not comply with the "Minimum Lot Area" of 43,560 square feet"immediately prior to November 16, 2000". This is so because "Minimum Lot Area" by definition is synonymous with "contiguous upland area"as discussed above. And for the reasons discussed in Section I above concluding tentatively that there is no lot protection created by the various subsections of 240-91, there would therefore be no compliance with and no protection offered by §240-91 (G)(1)(b). Therefore,the lots merged, at least under this analysis. III. What effect would agricultural use of Lot 1 have on the conclusions above? The introduction of agricultural use of Lot I injects some interesting twists into the analytical picture. To begin with, agricultural use is permitted throughout the Town, §240-8A(4). However, there is a question about the history of agricultural use of Lot 1 and the "barn" located there. There is also a question as to whether the bog on Lot 1 is now dormant and overgrown 2. As well, there is the question whether the "barn" has been used as an accessory to the residential use and home on Lot 2. The method of resolving these factual questions is discussed below. For now, the opinions offered here must necessarily make certain assumptions which may or may not.prove out. If the"Minimum Lot Area"is in fact at least 43,650 square feet of upland,the conclusion offered in this section may be subject to revision. 2 This would raise the possibility of abandonment if true;see §240-97. 4 Assuming for argument's sake that there has been continuous agricultural use of the barn and bog, these facts would likely imbue Lot 1-with a limited degree of zoning protection from the non-conformities created by the two .zoning changes as,discussed above. This is so because "agricultural use" is a permitted use-in this zoning district, subject only to certain restrictions if the lot is less than five acres in size as is the case here. See §240-8A(4)3. Conversely, if there was not the requisite agricultural use at critical points in time, Lot 1 might not have been protected from the zoning changes and would have merged into lot 2. This potential conclusion, however, is very fact-sensitive and could only be conclusively resolved once additional facts were established. These analyses, however, beg the question as to what future use could be made of Lot 1. The ultimate question is, if the devotion of the property to agricultural use has given the lot protection for that use, does it necessarily follow that the protection extends to all other uses, including residential? It is important to note that as far as our research to date has revealed, this is a case of first impression that has not clearly and previously been dealt with by our courts4. Therefore, we can only offer our best guidance on the probable resolution of this question. Our conclusion with respect to these facts is that the lot may not be devoted to any other uses, including residential, if the lot does not currently conform to the requirements of the zoning amendments or if the lot does not qualify for protected non-conforming status. The fact that it may have attained protected status with ,regard to dimensional ,zoning adjustments while in agricultural use does not mandate than, the same consideration be afforded the lot when the proposed use changes to a more intense application such as residential construction. The logic of this position is reinforced when one examines §240-92 which deals with non- conforming residential structures that are given limited protection and in some circumstances must be submitted to the special permitting process, §240-92B. It would be highly anomalous to require submission of an existing residential building on a non-conforming lot to a special permit hearing and yet to grant a"free ride"to a non-conforming lot.with no history of residential use so as to allow construction of a residence thereon without going to the ZBA. IV. Future Course of Action I would recommend that the property owner be put on notice that your opinion constitutes a denial of a permit application, subject to appeal to the ZBA. The property owner can then appeal to the ZBA for a resolution of the factual questions and for any additional relief that their counsel may recommend and that might be available to them in light of the factual determinations. Please do not hesitate to call if you have any questions concerning this opinion. 3 Another fact to be determined is when the bog came,into active agriculture. If this use pre-dated the Town's 1929 adoption of zoning,there might be an argument that the use is a protected non-conforming use not subject to the restrictions of§240-8A(4). ' 4 However,this is similar the ANR process under c.41,§81L that allows ANR lots to be created under any structure that pre-dated zoning.Doing so allows the lot to be separately conveyed but does not imbue the lot(or structure thereon)with any use exemption,special status,or zoning relief. i Y C C C.3 co �J C)' r I 57 Widgeon Lane,;.West Barnstable-.Map 132 parce1036-001 October 18, 1972 Variance No. 1972-82 was issued to Walcott Ames for a 2.98 acre parcel with 154eet of frontage on Maple Street (currently 251 Maple Street—Map 132 Parcel 036-002). The variance was issued to the 160-foot minimum frontage requirements of the RE Zoning . District allowing a reduction to 15 feet. In effect, allowing the then subject lot to be buildable. A draft copy of a June 1972 ANR plan for the subject lot was submitted with the application for the variance. Variance was granted with the conditions that: 1. The further use of the locus-be confined to the use as one (1) lot for residential purposes and that upon any subdivision of locus, the conditional variances here granted shall terminate. 2. No portion of the location-shall be.used as a way to or from any other parcel of land. November 14, 1972 Notice of the Variance was recorded in Book 1756 page 045. November 21,_1972 An Approval Not Required Plan dated June of 1972-was recorded at the Barnstable Registry of Deeds in Plan Book 263 page 76 reflective of that 2.98 acre lot upon which Variance 1972-82 was issued. The plan notes: "Lot does not meet present zoning standards. Building allowed under Appeal No. 1972-82 Town of Barnstable Board of Appeals." March 5, 1973 The 2.98 acre parcel is transferred from Walcott'Ames to Neal F. Ames (book 1815 page 298) and then from Neal Ames to Jane M. Burke (book 1815 page 300). (Note: the variance is referenced in the deeds and the rights of the variance conveyed with the property.) Late 1979 Building permit is issued for the 2.98 acre parcel(251 Maple Street). According to information contained within the Building Division file, a building permit was issued apparently sometime in late 1979/early 1980 for the development of the-2.98 acre lot utilizing variance 1972-82. A copy of the foundation plan for the dwelling was located in the building division file. That plan cites the lot as that lot recorded in June 1972 (Plan Book 263 page 76) and that the development of the lot is.by benefit of the Zoning i 0 Board of Appeals variance 1972-82. The plot plan is dated February 20, 1980. January 17, 1979 An ANR Plan is created and recorded(Plan Book 331 Page 27) for neighboring land adjoining the 2.98-acre 251 Maple Street lot. At this time that neighboring land is owned by Neal F. Ames and is developed with a"barn structure". This ANR Plan creates Lot 3B (today's 57 Widgeon Lane lot) as a 0.97-acre lot with 20-feet of frontage on Widgeon Lane. The plan notes "Lot 3B not to be considered as a separate buildable lot and is to be combined with land shown hereon as Jane M. Burke (the 2.98-acre parcel). March 8, 1979 The 2.98 acre parcel is transferred from Jane M. Burke to John F. Mikutowicz and Nancy A. Mikutowicz (Book 2882 page 326). (Note: the variance is referenced in the deeds and the rights.of the variance conveyed with property.) March 9, 1979 Lot 3B (57 Widgeon) is transferred from Neal F. Ames to John F. Mikutowicz and Nancy A. Mikutowicz (Book 2882 page 328). The lot"is not conveyed as a separate building lot and is to be combined with and made a part of the land adjoining the same to the west shown on said plan as Jane M. Burke(the 2.98 acre lot)." June 9, 1981 Application is made to the Planning Board for a 2 lot subdivision of that land area consisting of the a 2.98-acre developed parcel (251 Maple Street) and the 0.97-acre lot (57 Widgeon Larie). Both lots being now owned by John F. Mikutowicz and Nancy A. Mikutowicz. The subdivision proposed the creation of Mikutowicz Lane and . Lot 1 of 1.92 acres (57 Widgeon Lane) and Lot 2 at 2.32 acres (251 Maple Street). That subdivision (#462.)was signed by the Planning Board on March 1982 after an agreement was reached between appealing parties. The August Planning Board meeting notes state that they"approved this subdivision subject to rules and reg[ulation]s." However, no road development standards were specified,nor were waivers granted, nor was a covenant recorded on the single vacant lot (Lot 1 shown on the plan). March 16, 1982 Subdivision Plan(#462) recorded in Plan Book 362 page 16. No recorded covenant was. found. May, 2007 Building Permit Application is made for 57 Widgeon Lane as per Lot 1 of the 1982 recorded subdivision plan#462 Zoning Analysis: The dwelling situated on 251 Maple Street was built in 1979/80 based upon that variance to frontage granted by the Zoning Board in Appeal 1972-82. That being a 2.98-acre lot with 15 feet of frontage on Maple Street. As such, that developed lot is subject to maintaining all conditions imposed by that variance including lot area as represented to that Board at the time of the variance. One does have that option-and, arguably, a duty to surrender that variance upon meeting all zoning requirements for development as-of-right. It would appear that the 1982 subdivision was attempting to do just that and create lots that met zoning requirements without variance. However, a subdivision requirement is to provide adequate access to the lots it creates and according to current subdivision rules . and regulation(Section 801-3 of the Code), further require that access to the lot be from that frontage area that meets zoning requirements which currently is 150 feet in that area. Given that your proposed access is from the 20 feet of frontage on Widgeon Lane, your request for a building permit cannot be granted. In addition, the 251 Maple Street lot, as now defined by the 1982 subdivision, is in violation of the conditions imposed in the variance upon which the dwelling was constructed. That violation extends to part of the 57 Widgeon Lane lot that is encumbered in the original area to which the 1972 variance was granted (infectious invalidity). Under MGL Chapter 40A, Section 7, development permits are not to be issued for land and buildings when known to be in violation of zoning. To attempt to rectify the issues and situation, either: • Seeking some level of development of Mikutowicz Lane through the Planning Board, thereby satisfying subdivision requirements for development of the way and access via frontage. That may prove to be difficult knowing the wetlands issues, or • Both 57 Widgeon Lane and 251 Maple Street could attempt to.secure variances from the Zoning Board of Appeal to rectify the issues with frontage and lot area as necessary. I 57 Widgcon Lane,West.Barnstable-Nlap 1.32 parcel 036-001 October 18, 1972 Variance No. 1972-82 was issued to Walcott Ames for a 2.98 acre parcel with 15-feet of frontage on Maple Street(currently 251 Maple Street—Map 132 Parcel 036-002). The variance was issued to the 160-foot minimum frontage requirements of the RE Zoning District allowing a reduction to 1.5 feet. In effect, allowing the then subject lot io be buildable: A draft copy of a June 1972 ANR plan for the subject lot was submitted with the application for the variance. Variance was granted with the conditions that: 1_ The further use of the locus be confmcd to the use as one(1) lot for residential purposes"and that upon any subdivision of locus,the conditional variances here granted shall terminate. 2. No portion of the location shall be used as a way to or from any other parcel of land. November 14, 1972 Notice of the Variance was recorded in Book 1.756 page 045. November 21, 1972 An Approval Not Required Plan dated June of 1972 was recorded at the Barnstable Registry of Deeds in Plan Book 263 page 76 reflective of that 2.98 acre lot upon which Variance 1972-82 was issued. The plan notes: "Lot does not meet present zoning standards. Building allowed under Appeal No. 1972-82 Town of Barnstable Board of Appeals." March 5, 1973 The 2.98 acre parcel is transferred from Walcott Ames to Neal P. Ames(book 1815 page 298) and then from Neal Ames to Jane M. Burke (book 1815 page 300). (Note: the variance is referenced in the deeds and the rights of the variance conveyed with the property.) Late 1979 Building permit is issued for the 2.98 acre parcel(251 Maple Street). According to.information contained within the Building 'Division file, a building permit was issued apparently sometime in late 1979Iearly 1980 for the development of the 2.98 acre lot utilizing variance 1972-82. A copy of the foundation plan for the dwelling was located in the building division file. That plan cites the.lot as that lot recorded in June 1972 (Plan Book 263 page 76) and that the development of the lot is by benefit of the Zoning F I jury Board of Appeals variance 1972-82. The plot plan is dated February 20, 1980. January 17, 1979 An ANR Plan is created and recorded (Plan Book 331 Page 27)for neighboring land adjoining the 2.98-acre 251 Maple Street lot. At this time that neighboring land is owned by Neal F. Ames and is developed with a"barn structure". This ANR Plan creates Lot 3B (today's 57 Widgeon Lane lot) as a 0.97-acre lot with 20-feet of frontage on Widgeon Lane. The plan notes"Lot 3B not to be considered as a separate buildable lot and is to be combined with land shown hereon as Jane M. Burke(the 2.98-acre parcel). March 8, 1979 The 2.98 acre parcel is transferred from Jane M.Burke to John F. Mikutowici and Nancy A. Mikutowicz(Book 2882 page 326). (Note: the variance is referenced in the deeds and the rights of the variance conveyed with property.) March 9, 1979 Lot 3B (57 Widgeon)is transferred from Neal F. Ames to John F. Mikutowicz and Nancy A..Mikutowicz(Book 2882 page 328). The lot"is not conveyed as a separate building lot and is to be combined with and made a part of the land adjoining the same to the west shown on said plan as Jane M. Burke(the 2.98 acre lot)." June 9, 1981 Application is made to the Planning Board for a.2 lot subdivision of that land area consisting of the a 2.98-acre developed parcel (251 Maple Street) and the 0.97-acre lot(57 Widgeon Lane). Both lots being now owned by John F.Mikutowicz and Nancy A. Mikutowicz. The subdivision proposed the creation of Mikutowicz Lane and "Lot 1 of 1.92 acres(57 Widgeon Lane) and Lot 2 at 2.32 acres (251 Maple Street). That subdivision (#462)was signed by the Planning Board on March 1982 after an agreement was reached between appealing parties.The August Planning Board meeting notes state that they"approved this subdivision subject to rules and reg[ulation]s." However,no road development standards were specified,nor were waivers granted, nor was a covenant recorded on the single vacant lot(Lot 1 shown on the plan). March 16, 1982 Subdivision Plan (#462)recorded in Plan Book"362 page 16. No recorded covenant was found. May,2007 Building Permit Application is made for 57 Widgeon Lane as per Lot.1 of the 1982 recorded subdivision plan#462 I I Zoning Analysis: The dwelling situated on 251 Maple-Street was built in 1979/80 based upon that variance to frontage granted by the Zoning Board in Appeal 1972-82. That being a 2.98-acre lot with 15 feet of frontage on Maple Street. As such, that developed lot is subject to maintaining all conditions imposed by that variance including lot area as represented to that Board at the time of the variance. One does have that option and,arguably, a duty to surrender that variance upon meeting all zoning requirements for development as-of-right. It would appear that the 1982 subdivision was attempting to do just that and create lots that met zoning requirements without variance. However,a subdivision requirement is to provide adequate access to the lots it creates and according to current subdivision rules and regulation (Section 801-3 of the Code), further require that access to the.lot be from that frontage area that meets zoning requirements which currently is 150 feet in that area. Given that your proposed access is from the 20 feet of frontage on Widgeon Lane, your request for a building permit cannot be granted. In addition,the 251 Maple Street lot, as now defined by the 1982 subdivision, is in violation of the conditions imposed in the variance upon which the dwelling was constructed. That violation extends to part ofthe.57 Widgeon Lane lot that is encumbered in the original area to which the 1972 variance was granted (infectious invalidity). Under MGL Chapter.40A, Section 7, development permits are not to be issued for land and buildings when known to be in violation of zoning. To attempt to rectify the issues and situation., either: Seeking some level of development of Mikutowicz Lane through the Planning Board, thereby satisfying subdivision requirements for development of the way and access via frontage. 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Building Division Thomas Perry, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.ba rnsta ble.ma.us Office: 508-862-4038 Fax: 508-790-6230 i June 18, 2007 Jonah Mikutowicz 22 Rodney Street New Bedford, MA 02744 RE: 57 Widgeon Lane, West Barnstable Dear Mr.Mikutowicz: Your application for a building permit at the above sited address must be denied. On this lot there is a variance that was granted by the Zoning Board of Appeals and it appears that the conditions of this variance are not being met with this application. Very truly o s, mas erry, CBO Building Commissioner -� ����� �� i �� C� � �(T 0 � � �� E O --v �� f. ---BRUCE P. GILMORE s ATTORNEY AT LAW it 99 WILLOW STREET YARMOUTHPORT, MA 02675 (508) 362-8833 lG AN 11. 23 FAX: (508) 362-5344 E-MAIL: capecodlawyer@comcast.net OF COUNSEL: wwwcapecodlawyeccom Y._ , RUBIN, RUDMAN, CHAMBERLAIN & MARSH G f 'I a N----_. January 17, 2007 Tom Perry, Town Building Commissioner Town of Barnstable Building Department - �- 200 Main Street Hyannis, MA 02601 © RE: David and Diane Ross - 60 Widgeon Lane, West Barnstable Dear Mr. Perry: Please be advised that I represent Mr. and Mrs. David Ross of Widgeon Lane, West Barnstable. Would you kindly notify this office if and when Jonah and Emma Mikutowicz of 57 Widgeon Way, Map 132, Parcel 36-1, apply for a building permit. It is the position of this office that this lot is unbuildable due to an earlier merger with the abutter's property. Should you have any questions, please do not hesitate to contact me. ` Very,truly yours, Bruce P. Gil e Amm I d . 57 Widgeon Lane,West Barnstable—Map 132 parcel 036-001 October 18, 1972 Variance No. 1972-82 was issued to Walcott Ames for a 2.98 acre parcel with 15-feet of frontage on Maple Street (currently 251 Maple Street—Map 132 Parcel 036-002). The variance was issued to the 160-foot minimum frontage requirements of the RE Zoning District allowing a reduction to 15 feet. In effect, allowing the then subject lot to be buildable. A draft copy of a June 1972 ANR plan for the subject lot was submitted with the application for the variance. Variance was granted with the conditions that: 1. The further use of the locus be confined to the use as one(1) lot for residential purposes and that upon any subdivision of locus, the conditional variances here granted shall terminate. 2. No portion of the location shall be used as a way to or from any other parcel of land. November 14, 1972 Notice of the Variance was recorded in Book 1756 page 045. November 21, 1972 An Approval Not Required Plan dated June of 1972 was recorded at the Barnstable Registry of Deeds in Plan Book 263 page 76 reflective of that 2.98 acre lot upon which Variance 1972-82 was issued. The plan notes: "Lot does not meet present zoning standards. Building allowed under Appeal No. 1972-82 Town of Barnstable Board of Appeals." March 5, 1973 The 2.98 acre parcel is transferred from Walcott Ames to Neal F. Ames (book 1815 page 298) and then from Neal Ames to Jane M. Burke (book 1815 page 300). (Note: the variance is referenced in the deeds and the rights of the variance conveyed with the property.) Late 1979 Building permit is issued for the 2.98 acre parcel (251 Maple Street). According to information contained within the Building Division file, a building permit was issued apparently sometime in late 1979/early 1980 for the development of the 2.98 acre lot utilizing variance 1972-82. A copy of the foundation plan for the dwelling was located in the building division file. That plan cites the lot as that lot recorded in June 1972 (Plan Book 263 page 76) and that the development of the lot is by benefit of the Zoning Board of Appeals variance 1972-82. The plot plan is dated February 20, 1980. January 17, 1979 An ANR Plan is created and recorded (Plan Book 331 Page 27) for neighboring land adjoining the 2.98-acre 251 Maple Street lot. At this time that neighboring land is owned by Neal F. Ames and is developed with a"barn structure". This ANR Plan creates Lot 3B (today's 57 Widgeon Lane lot) as a 0.97-acre lot with 20-feet of frontage on Widgeon Lane. The plan notes "Lot 3B not to be considered as a separate buildable lot and is to be combined with land shown hereon as Jane M. Burke (the 2.98-acre parcel). March 8, 1979 The 2.98 acre parcel is transferred from Jane M. Burke to John F. Mikutowicz and Nancy A. Mikutowicz (Book 2882 page 326). (Note: the variance is referenced in the deeds and the rights of the variance conveyed with property.) March 9, 1979 Lot 3B (57 Widgeon) is transferred from Neal F. Ames to John F. Mikutowicz and Nancy A. Mikutowicz (Book 2882 page 328). The lot"is not conveyed as a separate building lot and is to be combined with and made a part of the land adjoining the same to the west shown on said plan as Jane M. Burke (the 2.98 acre lot)." June 9, 1981 Application is made to the Planning Board for a 2 lot subdivision of that land area consisting of the a 2.98-acre developed parcel (251 Maple Street) and the 0.97-acre lot (57 Widgeon Lane). Both lots being now owned by John F. Mikutowicz and Nancy A. Mikutowicz. The subdivision proposed the creation of Mikutowicz Lane and Lot 1 of 1.92 acres (57 Widgeon Lane) and Lot 2 at 2.32 acres (251 Maple Street). That subdivision (#462) was signed by the Planning Board on March 1982 after an agreement was reached between appealing parties. The August Planning Board meeting notes state that they "approved this subdivision subject to rules and reg[ulation]s." However, no road development standards were specified, nor were waivers granted, nor was a covenant recorded on the single vacant lot (Lot 1 shown on the plan). March 16, 1982 Subdivision Plan (#462) recorded in Plan Book 362 page 16. No recorded covenant was found. May, 2007 Building Permit Application is made for 57 Widgeon Lane as per Lot 1 of the 1982 recorded subdivision plan #462 I Zoning Analysis: The dwelling situated on 251 Maple Street was built in 1979/80 based upon that variance to frontage granted by the Zoning Board in Appeal 1972-82. That being a 2.98-acre lot with 15 feet of frontage on Maple Street. As such, that developed lot is subject to maintaining all conditions imposed by that variance including lot area as represented to that Board at the time of the variance. One does have that option and, arguably, a duty to surrender that variance upon meeting all zoning requirements for development as-of-right. It would appear that the 1982 subdivision was attempting to do just that and create lots that met zoning requirements without variance. However, a subdivision requirement is to provide adequate access to the lots it creates and according to current subdivision rules and regulation (Section 801-3 of the Code), further require that access to the lot be from that frontage area that meets zoning requirements which currently is 150 feet in that area. Given that your proposed access is from the 20 feet of frontage on Widgeon Lane, your request for a building permit cannot be granted. In addition, the 251 Maple Street lot, as now defined by the 1982 subdivision, is in violation of the conditions imposed in the variance upon which the dwelling was constructed. That violation extends to part of the 57 Widgeon Lane lot that is encumbered in the original area to which the 1972 variance was granted (infectious invalidity). Under MGL Chapter 40A, Section 7, development permits are not to be issued for land and buildings when known to be in violation of zoning. To attempt to rectify the issues and situation, either: • Seeking some level of development of Mikutowicz Lane through the Planning Board, thereby satisfying subdivision requirements for development of the way and access via frontage. That may prove to be difficult knowing the wetlands issues, or • Both 57 Widgeon Lane and 251 Maple Street could attempt to secure variances from the Zoning Board of Appeal to rectify the issues with frontage and lot area as necessary. i N Pt-4�51�5 _ _ - -- �I �o %' sTA,rE Ser 14 V Ql i s 88°44'/a"6 Z 0 44 Qr B06 Sre:snr. ,, 2,98 AC—PE5-2 o� p Ives s�.f•k 9/'. n/E/L F. \ �`o • �'�otih � AM�s 57C.FND. � �\ \ 57ACE 567 \\„ p.8D2i[� ` ` s /./ z/ zi'2s"ti' 96 69 J� Z FoUVD 2S9 5 AS � N BOh �STACE 5E7 AL D2/G[ HOLE. �1z, Cl �F,oun/D ALFTZED {'V CL//LDS 8.1 658 //° Q' Z ZZ' �? cs� I 255 FG 94 JP' S� V -( �I �.51w Le �fltJ`�/P �PQ��o ,� LOGOS �• 4a _ PLAN OF L A^/0 /A/ YO�/D �PPL wE s r BA ,2NS T,<I.B L& MASS. S Sine✓E:YE D FO r? NE/L F. 41--16 S tc P J'I �• 8 Y a C,80a1/ELL 3 TAy/-oz-�- co 817 IN/LLOvV STrz�ET yA/ZM 0[/Tf/POTZT M.4 SS. /00 .Tun/E /9 72 APP2OVAL NOT .o&qu/,QED i UAVOLZ THE Su3DIv/5/oAj CO^-/T.BOL LAW. 8ARM-57ABL6 PI.4AIAJ/-,/G 23042D Barnstable Assessing Search Results Page 1 of 2 ; w if2007 Property Assessment Lookup a= a- Home: Departments: Assessors Division: Property Assessment Search Results New Search r : �>: �.. New Interactive Maps >> Owner: 2007 Assessed Values: MIKUTOWICZ,NANCY A 251 MAPLE STREET Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $227,100 $227,100 132 /036/002 Extra Features: $ 10,200 $ 10,200 Outbuildings: $0 $0 Mailing Address Land Value: $225,100 $225,100 MIKUTOWICZ,NANCY A Totals $462,400 $462,400 251 MAPLE ST W BARNSTABLE, MA.02668 2007 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuation) Community Preservation Act Tax $67.68 Fire District Rates Town Barnstable-All Classes $2.10 $6.32 C.O.M.M.-All Classes $1.03 Commei W. Barnstable FD Tax(Residential) $717.58 Cotuit FD-All Classes $1.34 $5.57 Hyannis-Residential $1.54 Persona Town Tax(Residential) $2,256.06 Hyannis-Commercial $2.37 $5.57 Hyannis-Personal $2.37 Other R; W Barnstable-Residential $2.02 Commur W Barnstable-Commercial $1.69 W Barnstable-Personal $1.69 Total: $3,041.32 Construction Details o Building Property SketchPLeg6nd,`y Sketch 8t ASI Building value $227,100 Interior Floors Carpet Style Cape Cod Interior Walls Knotty Pine Model Residential Heat Fuel Gas Grade Average Plus Heat Type Hot Water Stories 1 Story F A AC Type None http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO7map.asp?mappar--1 32... 5/8/2007 Barnstable Assessing Search Results Page 2 of 2 Exterior Walls Wood Shingle Bedrooms 3 Bedrooms Roof Structure Gable/Hip Bathrooms 2 Full+ 1 H Roof Cover Wood Shingle living area 1874 Replacement Cost $258043 Year Built 1980 Depreciation 12 Total Rooms 6 Rooms °4 Land m CODE 1010 Lot Size(Acres) 2.32 Appraised Value $225,100 AsBuilt Card N/A Assessed Value $225,100 View Interactive Maps > Sales History: Owner: Sale Date Book/Page: Sale Price: MIKUTOWICZ; NANCY A Dec 31 2004 12:OOAM 19403/074 $0 MIKUTOWICZ, NANCY A Jan 15 1996 12:OOAM 10029/233 $ 100 MIKUTOWICZ,JOHN F&NANCY 2882/328. $0 Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL1 Fireplace 1 $2,600 $2,600 DOR Dormer 12 $ 1,700 $ 1,700 BFA Bsmt Fin-Aver 450 $5,900 $5,900 Property Sketch Legend BAS First Floor, Living Area FST- Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area UST Utility Area(Unfinished) (Finished) Three Quarters Story FAT Attic Area(Finished) GAR Garage UTQ (Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO7map.asp?mappar=132... 5/8/2007 Barnstable Assessing Search Results Page 1 of 2 perty Assessment Lookup 2007 Pro p 4L7R Home: Departments:Assessors Division: Property Assessment Search Results New Search :New Interactive Maps >> 2007 Assessed Owner: Values: MIKUTOWICZ,JONAH J&EMMA D 57 WIDGEON LANE Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $0 $0 132 /036/001 Extra Features: $0 $0 Outbuildings: $ 11,500 $ 11,500 Mailing Address Land Value: $221,000 $221,000 MIKUTOWICZ,JONAH J&EMMA D Totals $232,500 $232,500 22 RODNEY ST NEW BEDFORD, MA.02740-48 2007 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuation) Community Preservation Act Tax $44.08 Fire District Rates Town Barnstable-All Classes $2.10 $6.32 C.O.M.M.-All Classes $1.03 Commei W. Barnstable FD Tax(Residential) $469.65 Cotuit FD-All Classes $1.34 $5.57 Hyannis-Residential $1.54 Persona Town Tax(Residential) $ 1,469.40 Hyannis-Commercial $2.37 $5.57 Hyannis-Personal $2.37 Other R; W Barnstable-Residential $2.02 Commur W Barnstable-Commercial $1.69 W Barnstable-Personal $1.69 Total: $1,983.13 Construction Details property Sketch Legend Property Sketch & ASBUILT Cards Building Construction info N/A A sketch is not available for this parcel. Land http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO7map.asp?mappar=132... 5/8/2007 Barnstable Assessing Search Results Page 2 of 2 k AsBuilt Card N/A CODE 1060 Lot Size(Acres) 1.92 View Interactive Maps >> Appraised Value $221,000 Assessed Value $221,000 Sales History: Owner: Sale Date Book/Page: Sale Price: MIKUTOWICZ,JONAH J &EMMA D Sep 26 2005 12:OOAM 20298/030 $50,000 MIKUTOWICZ,JONAH J&JOANNA S Jan 13 2003 12:OOAM 16228/243 $0 MIKUTOWICZ,NANCY A Dec 31 2002 12:OOAM 16172/335 $0 MIKUTOWICZ,NANCY A& Dec 28 2000 12:OOAM 13456/114 $0 MIKUTOWICZ,NANCY A Jan 15 1996 12:OOAM 10029/235 $ 100 MIKUTOWICZ,JOHN F&NANCY 2882/328 $0 i Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value BRN1 Barn 1 Story 9600 $ 11,500 $ 11,500 Property Sketch Legend . BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished)- BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area UST Utility Area(Unfinished) (Finished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio U Full Upper 2nd StoryUS (Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) bttn://www.town.bamstable.ma.us/assessing/assess06/displayparcelO7map.asp?mappar=132... 5/8/2007 IBarnstableAssessing Search Results Page 1 of 2 I { � ��tip-•r s' ow n • ► ► d 2007 Property Assessment Lookup Home: Departments:Assessors Division: Property Assessment Search Results New Search New In Ma s >> - p Owner: 2007 Assessed Values: MIKUTOWICZ,NANCY A 251 MAPLE STREET Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $227,100 $227,100 132 /036/002 Extra Features: $ 10,200 $ 10,200 Outbuildings: $0 $0 Mailing Address Land Value: $225,100 $225,100 MIKUTOWICZ, NANCY A Totals $462,400 $462,400 251 MAPLE ST W BARNSTABLE, MA.02668 2007 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuation) Community Preservation Act Tax $67.68 Fire District Rates Town Barnstable-All Classes $2.10 $6.32 C.O.M.M.-All Classes $1.03 Commei W. Barnstable FD Tax(Residential) $717.58 Cotuit FD-All Classes $1.34 $5.57 Hyannis-Residential $1.54 Persona Town Tax(Residential) $2,256.06 Hyannis-Commercial $2.37 $5.57 Hyannis-Personal $2.37 Other R; W Barnstable-Residential $2.02 Commur W Barnstable-Commercial $1.69 W Barnstable-Personal $1.69 Total: $3,041.32 Construction Details Building Property SketchPLeg€nd rty Sketch ASI Building value $227,100 Interior Floors Carpet Style Cape Cod Interior Walls Knotty Pine Model Residential Heat Fuel Gas Grade Average Plus Heat Type Hot Water Stories 1 Story F A AC Type None http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO7map.asp?mappar=132... 6/6/2007 Barnstable Assessing Search Results Page 2 of 2 Exterior Walls Wood Shingle Bedrooms 3 Bedrooms Roof Structure Gable/Hip Bathrooms 2 Full+ 1 H Roof Cover Wood Shingle living area 1874 Replacement Cost $258043 Year Built 1980 N3� . Depreciation 12 Total Rooms . 6 Rooms ; Land CODE 1010 Lot Size(Acres) 2.32 Appraised Value $225,100 AsBuilt Card N/A Assessed Value $225,100 � ' �."View Interactive Maps > Sales History: Owner: Sale Date Book/Page: Sale Price: MIKUTOWICZ,NANCY A Dec 312004 12:OOAM 19403/074 $0 MIKUTOWICZ,NANCY A Jan 15 1996 12:OOAM 10029/233 $ 100 MIKUTOWICZ,JOHN F&NANCY 2882/328 $0 Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL1 Fireplace 1 $2,600 $2,600 DOR Dormer 12 $1,700 $ 1,700 BFA Bsmt Fin-Aver 450 $5,900 $5,900 Property Sketch Legend BAS First Floor, Living Area FST Utility Area (Finished Interior) UAT Attic Area(Unfinished) BMT. Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area UST Utility Area(Unfinished) (Finished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story (Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story (Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO7map.asp?mappar=132... 6/6/2007 Barnstable Assessing Search Results Page 1 of 2 ; ' ctl r k cx � ho w n o f B a r 17 stable 2007 Prot)ertv Assessment Lookup iiCA1T1S3 Home: Departments:Assessors Division: Property Assessment Search Results New Search v4 ;New Interactive Maps >> Owner: 2007 Assessed Values: MIKUTOWICZ,JONAH J&EMMA D 57 WIDGEON LANE Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value:. $0 $0 132 /036/001 Extra Features: $0 $0 Outbuildings: $ 11,500 $ 11,500 Mailing Address Land Value: $221,000 $221,000 MIKUTOWICZ,JONAH J&EMMA D Totals $232,500 $232,500 22 RODNEY ST NEW BEDFORD, MA.02740-48 2007 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuation) Community Preservation Act Tax $44.08 Fire District Rates Town Barnstable-All Classes $2.10 $6.32 C.O.M.M.-All Classes $1.03 Commei W. Barnstable FD Tax(Residential) $469.65 Cotuit FD-All Classes $1.34 $5.57 Hyannis-Residential $1.54 Persona Town Tax(Residential) $ 1,469.40 Hyannis-Commercial $2.37 $5.57 Hyannis-Personal $2.37 Other R; W Barnstable-Residential $2.02 Commur W Barnstable-Commercial $1.69 W Barnstable-Personal $1.69 Total: $ 1,983.13 Construction Details Property Sketch Legend Property Sketch & ASBUILT Cards Building Construction info N/A A sketch is not available for this parcel. Land http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO7map.asp?mappar=132... 6/6/2007 IBarnstableAssessing Search Results Page 2 of 2 AsBuilt Card N/A CODE 1060 Lot Size(Acres) 1.92 N� View Interactive Maps » Appraised Value $221,000 Assessed Value $221,000 Sales History: Owner: Sale Date Book/Page: Sale Price: MIKUTOWICZ,JONAH J&EMMA D Sep 26 2005 12:OOAM 20298/030 $50,000 MIKUTOWICZ,JONAH J&JOANNA S Jan 13 2003 12:OOAM 16228/243 $0 MIKUTOWICZ, NANCY A Dec 31 2002 12:OOAM 16172/335 $0 MIKUTOWICZ, NANCY A& Dec 28 2000 12:OOAM 13456/114 $0 MIKUTOWICZ, NANCY A Jan 15 1996 12:OOAM 10029/235 $ 100 MIKUTOWICZ,JOHN F& NANCY 2882/328 $0 Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value BRN1 Barn-1 Story 9600 $11,500 $ 11,500 Property Sketch Legend BAS First Floor, Living Area FST Utility Area (Finished Interior) UAT Attic Area•(Unfinished) BMT Basement Area (Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area UST Utility Area(Unfinished) (Finished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story (Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story (Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story (Finished) http://www.town.bamstable.ma.us/assessing/assess06/displayparcelO7map.asp?mappar=132... 6/6/2007 TOWN OF BARNSTABLE Board of Appeals Walcott Ames Petitioner Appeal No. _. ..._.1�72-82__._. .__._.�_.._ ....__.October�18_ .. __ 1972 FACTS and DECISION Petitioner .Walcott Ames „_..., filed petition on _.August�2 1972. _........__......_....._..._......__.......__..._..._._. ... , requesting a variance permit for premises at ........_M9p1e_.Street Street, in the village of ,West.Barnstable , adjoining premises 'of___ _.._....._. ._. _........_......_.. _.......__.._... ............._.._ Stanley Baker, Jr. , Robert R. and Margaret M. Black, Robert R. Jr. , and .Gabrielle Black, Clyde T. and Janice D. Brennan, Beatrice Carlson and Edward H. Bodfish, Alfred W. , Jr, and Ellen Childs, Priscilla C. Crane, Ellen E. Davidson, Mary Mar- garet Davidson and Henry Edward Davidson, Gail Sandra DeCoste and Joan M. Wallace, Frank C. Jr. , and Doris N. Hincks, Gertrude E. Jager and Margaret G. Meengs., George A. and Signe M. Johnson, Elliott W. Krook, Henry H. and Carl H. Lamps., Jack E. Leeman, William J. Leonard, James W. Perry, Norma E. Phillips, Harold R. and Alice M. Soares, George W. and Kathleen L. Thew, Wilfred Taylor, Joan T. Vos, Vitie G. and Helmi R. Viliesis, Earl T. and Joan Wallace, Reginal J. and Margaret E. Wallace, Anddew N. M. Wiinikainen, Lombi M. Wiinikainen, William F. Bodfish and Martha S. Carter, Penn Centrl,.l -Company, Carl and Emma Leeman, Edwin M. Howard and Edward R. Thomas, Robert A. Faulkner and Weston 0. Graves. Office Building, Hyannis, Mass., at ................3 �r.....__. .h?.Z. P..:1Z. ............................... _......September...2.7„ 1972 , upon said petition under zoning by-laws. Present at the hearing were the following membera: _ .Joseph A. Williams .George .Gomel .Jane Eshbauh � -........ ............. ... ............_.._ .._..._._._.. Acting Chairman ''- At the conclusion of the hearing, the Board took said petition under ~ advisement. A view of the locus was had by the Board. ,T On _______ _ October 18 _ _ _ _ 19 - 2-, the Board of '^ Appeals found Attorney Alger represented the Petitioner stating they had submitted a petition on June 16, 1972 which was withdrawn without prejudice as the petition was submitted in the name of Walcott R. Avies the Petitioner's father. The present Petitioner, Walcott Ames, owns the land in question, containing 2.98 acres of land and the only requirecent in question id the frontage on Maple Street, which is only 15 feet. The lot ;wets all other requirements under the present Zoning By-Laws. lie is seeking permission to build a single family residence. Attorney Alger says Petitioner ii willing to go along with any restrictions the Poard may stipulate. A Firs. Jager, and Ivir. Clyde Prennan questioned Mr. Ames as to his plans for building a home. Mr. Brennan wondered why a person would buy property with the knowledge that the only possib le way to build a house would be by Special Permit or a Variance from the Board of Appeals. A letter from Joan D. Vos, an abutter, questioned the overall plans of the Petitioner in regard to other land he owns in the area, some of it cranberry cogs and questioned the present and future of the development of this acrekZe if the Board approved. the 15' frontage on Maple Street.riShould this frontage be allowed would it also provide access to other land of the Petitioner as well. Mr. Alger stated that the Board of Health has approved the lot for a single family residence. He stated the proposed entrance on Naple Street would be for Mr. Aries' use only - or to another owner if he should decide to sell the .and in question. The Petitioner seeks a Variance. The Board finds a hardship within the gearing of Chapter 40A, Section 15, due to the unavailability of residential use of locus without a variation in the frontage requirement. The only access to locus is the 15' strip of land. The "oard finds that the granting of this Variance would not result in a derogation of the Zoning Py-law nor be detrimental to the public good, and that there are conditions especially affecting this parcel but not generally other land in the same zoning district. Distribution Board of Appeals Town Clerk Town of Barnstable Applicant Persons interested Building Inspector Public Informatior_ y $ Board of Appeals Acting Cy ma continued on page 2 •.It<n 1 2 - A f,. Appeals Case 1972-82 Walcott Ames In granting this Variance the Board imposes the following conditions: 1. That the further use of locus be confined to use as one (1) lot for residential purposes and that upon any subdivision of locus, the conditional Variance here granted shall terminate. 2. That no portion of the location shall be used as a Bray to or from any other parcel of land. The Hoard grants the Variance subject to the above conditions. Boot 1756 PAGE 045' THE COMMONWEALTH OF MASSACHUSETTS 327 85 TOWN-.OF BARNSTABLE BOARD OF APPEALS t ____.9.1 t her_.-18.........___...____..._..19 72 NOTICE OF VARIANCE Conditional or Limited Variance or Special Permit i (Crn l taws Chuptm 40A.Section 18 m uneaded) t Notice is hereby given that a Conditional or Limited Variance or Special Permit has been granted To.......Walcott Ames ................................................................................................................_._..... 0—or Pait:oner........................ 1 Address...I±faP.le..9traet ............. jtf City or Town..Aet__Barastsble t .................. .....AC.dfe..aAM8.table..--•-----........................-•---•---.............._.............. IdecWr Iaed Muted f ...................................................................................................................................................... 4 i by the Town of Barnstable. Board of Appeals affecting the rights of the owner with i f respect to the use of premises on.....Map1e..Stnet.......................Wst..Ba dLable...:. Street Clry Or To— the record title standing in the name of .............:Daleott es Am i whose address is....Map1e._Xreet.............Nest Barnstabler Mass: _ .......................... ......_........ ......- - A Gry or To.v Bute by a.deed duly recorded in, the............................ ...County Registry of Deeds in Book A .................Page:..............., ................-....................................Registry District of the Land Court Certificate No..:..............................Book ....1_5 ....Page..710........ The decision of said Board is on file with the papers in Decision or Case No..1972"82 j in the office of the Town Clerk of the Town of Barnstable. Signedthis............day of.................................................19 Board of Appea J j ....-.-.... t«-- Acting --Chairman j •. tlwra of eppnn � � ` ................................................................................Clerk eo.rd of Appetls f 1 ...............................................19........ at..............o'clock and................................minutes....M. Received and entered with the Register of Deeds in the County of.......................................... f rBook........................Page........................ 1 1 ATTEST 1 ..-_.............................••--..............._...........-------_... Register o/Deeds Notice to be recorded by Petitioner RECORDED aov 141972 s' t t i A- RECEIV- y Nov 21 9 as AN T Pie - Iq5 ,`I•;.:.,, . r F. yG ::.i..... uc �I,,yo �,�:=' 3TAK6Sl TEPIIG!:R:[A ri1S PEGIS-Ei1 w_ 40 Ta' 56/�'13 fir,O E /S BB44'i3 E , 4 a 44 +r y 3 52' p jrl 8� O ter `� STACE SET A d 0 ti �y��,hA9/d AHES � 5 � / stare,set 0-06 �.A'ravicc � � •`�•96.59 .Nvice 9.5 2 z �� R `/ y 4 a• 8- 'JSO ALF,2ED K!CN/LDS J2• ; �lA/ /�� Vd t- \ 8r. 658 7-6• n PLAN Hr.255%94 ZOa N mN� 56115.91 r^PQJo x 0 Q P� 9 LOGLLS y" PLAN Oi LAND /N WESr SAeAlSrABLE MASS. AS -FU o VEYE D FO.G /VE/L F. A ME S eY CZoW/S LL$ TA Y40.8 CO2P. UOTft:COT•-Ooa5"oT U-eT F-R-S-r ey W/LL ON/ ST.Q.E•.BT Zo1 wc. STAn/17r Rtn• .BMOUT7{PO�T MASS. BALA ow6o U"Oa,x A P—AL W0.1 9.17--82 Tow"OF- SCALE / /00' TUNE /y 70 g AR N.STA PJLC�.FbCA2C OF , APP,QOVAL NOT 7-16-9 /eED uvDEe THE. 3uHD/V/S/ON $ .rnnaR CONTPOL..LA V. BA,,2NJS��TA,S46 71L4AAV^ltS•8O4 PD I BOOK j�i1J enc( 298 I i. I, WALCOTT AMES of Barnstable (Osterville), Barnstable t County, Massachusetts, for consideration paid, and in full con- sideration of One ($l) Dollar, grant to NEAL F. AMES of Third Ave., Barnstable (Osterville), Barnstable County, Massachusetts with E QUITCLAIM COVENANTS a certain parcel of vacant land situated in t Barnstable (West), Barnstable County, Massachusetts shown on a pla entitled "Plan of Land in West Barnstable, Mass., as surveyed for Neil F. Ames by Crowell & Taylor Corp., Yarmouthport, Mass. dated June 1972", recorded in Barnstable Deeds in Plan Book 263, Page 76 and being more particularly bounded and described as follows: ) SOUTHEASTERLY by Maple Street, a public way, fifteen and 31/100 (15.31) feet; 1 SOUTHWESTERLY by land of Alfred W. Childs, Jr. four hundred twenty-six and 99/100 (426.99:) feet; SOUTHEASTERLY by said land of Alfred W. Childs, Jr. two hundred eighty-nine and 57/100 (289.57 feet; ! SOUTHWESTERLY by land of Frank C. Hincks, Jr. et ux by two courses measuring ninety-five and' 41/100 (95.41) feet and about forty-on (41+) feet respectively; NORTHWESTERLY by the edge of bog, being other land of Ames, about two hundred fifty (250+) feet; NORTHERLY by land of Ames about forty-four (44+) feet] ' NORTHWESTERLY by land of Ames two hundred forty and 73/ 001 (240.73) feet; i NORTHEASTERLY by land of Ames two hundred sixty-five an 59/100 .(265.59) feet; SOUTHEASTERLY by land of Ames one hundred thirty-seven and 93/100 (137.93) feet; I i EASTERLY by land of Ames ninety-six and 59/100 (96.59) feet; NORTHEASTERLY by land of 'Ames and land of Priscilla C. Crane by two courses a total distance of two hundred eighty-seven and 36/100 (287.36) feet. Containin.; two and 98/100 (2.98) acres more or less. JOHN R."ZR l AMROE7 AT LAM I ! 774 MAIN UIRM ! On01pLu.WW.026U • E i 1 I' I; I: eOUR Ibl-5 I'Au 299 d � Being a portion of the premises conveyed by deed of j! Neil F. Ames to Walcott Ames duly recorded in Barnstable Deeds in Book 1506, Page 710. Said premises are conveyed subject to and with the ; benefit of a Variance granted by the Board of Appeals of the Town I 11of Barnstable, dated October 18, 1972, Appeal No. 1972-82, notice Ijof which was recorded in the Barnstable Registry of Deeds IlNovember 14, 1972 in Book 1756, Page 045. Said premises are conveyed subject to an easement for the ,: benefit of the remaining land of the Grantor to connect with and iiuse any electric or telephone lines or water mains or other utili- 11tiee installed or laid out over so much of the premises herein �Iconveyed as lies within 275 feet of Maple Street, it being under- ! stood that the owner of said adjoining land shall repair any - +damage that may be caused to the premises herein conveyed by , (connecting with or using said utilities. I� WITNESS my hand and seal this ,'4 day of �f: , 1973 it COMMONWEALTH OF MASSACHUSETTS Barnstable, as. .�� .a,, 1 j 197 3 Than personally appeared the above named Walcott Ames an i ,:acknowledged the foregoing instrument to be his free act and deed, ;before me i Notary My commission ex ires: =r i�' .• . °' . + ti I r -2- li I ' 1 RECORDED MAR 5IM S eooK 13 i.5 +acc 300 0649 I, NEAL F. AMES of Barnstable (Osterville), Barnstable County, Massachusetts, for consideration paid, and in full con- i __ sideration of Twenty-Two Thousand ($22,000.) Dollars, grant to I i JANE M. BURKE of Meeting House Way, Barnstable (West), Barnstable County, Massachusetts with QUITCLAIM COVENANTS a certain parcel of 1 vacant land situated in Barnstable (West), Barnstable County, Mass- achusetts shown on a plan entitled "Plan of Land in West Barn- stable, Mass., as surveyed for Neil F. Ames by Crowell 8 Taylor Corp., Yarmouthport, Mass. dated June 1972", recorded in Barn- stable Deeds in Plan Book 263, Page 76 and being more particularly bounded and described as follows: SOUTHEASTERLY by Maple Street, a public way, fifteen and 31/100 (15.311 feet; SOUTHWESTERLY by land of Alfred W. Childs, Jr. four hundred twenty-six and 99/100 (426.99) feet; SOUTHEASTERLY by said land of Alfred W. Childs, Jr. two hundred eighty-nine .and 57/100 (289.57 feet; SOUTHWESTERLY by land of Frank C. Hincks, Jr. et ux by two courses measuring ninety-five and 41/100 (95.41) feet and about forty-on (41+) feet respectively; NORTHWESTERLY by the edge of bog, being other land of Ames, about two hundred fifty (250+) feet; NORTHERLY by land of Ames about forty-four (44+) feet; 1 NORTHWESTERLY by land of Ames two hundred forty and 73/100 (240.73) feet; NORTHEASTERLY by land (2 of Ames 5two hundred sixty-five an 1 I SOUTHEASTERLY by land of Ames one hundred thirty-seven and 93/100 (137.93) feet; EASTERLY by land of Ames ninety-six and 59/100 (96.59) feet; NORTHEASTERLY by land of Ames and land of Priscilla C. Crane by two courses a total distance of two hundred eighty-seven and 36/100 'I I (287.36) feet. JONN A.A10111 I . AT,ONMOV A7 u„ TO MAIN MW 0zTWMLLL MASS.02M10 1 I �� �uoN Lti1:i tut 301 �j Containing two and 99/100 (2.98) acres more or leas. U ,I Being the same premises conveyed to me by deed of Walcot II ' Ames to be recorded in Barnstable Deeds herewith. I; Said premises are conveyed subject to and with the � ` I Iibenefit of a Variance granted by the Board of Appeals of the Town j of Barnstable, dated October 13, 1972, Appeal No. 1972-82, notice � of which was recorded in the Barnstable Registry of Deeds d IlNovember 14, 1972 in Book 1756, Page 045. i� Said premises are conveyed subject to an easement for th benefit of land of Walcott Ames adjoining the premises herein con- IIveyed to connect with and use any electric or telephone lines or !water mains or other utilities installed or laid out over so much I! of the premises herein conveyed as lies within 275 feet of Maple I i . I, Street, it being understood that the owner of said adjoining land i, shall repair any damage that may be caused to the premises herein I ! conveyed by connecting with or using said utilities. I WITNESS my hand and seal this day of /N7/�J , 197j II COMMONWEALTH OF MASSACHUSETTS , 'Barnstable, as. 1973 Then personally appeared the above named Neal F. Ames an Iiacknowledged the foregoing instrument to be his free act and deed, libefore me II otA� %Jy mmiaeion expires oo �` 50. is 1 Aj 0 m to 10 "A V- Oe 10, 2LL 30 . 2 O'o Q 00 2 0,-r a o V j la t4 DI Imm C7 g- /-/Oo 1 / .1� r� 'O s i 145'+ l / ' ` 615' -`n.k c. �.� 4 r,9•Srr' 1 I ' I 1 ,eEFEiZ To R4/-W 06 3, /-G- 7G APPc=F+L /�lo. �972-82 N 9 JT2 E E 7- Q—DISTANCE AS CERTIFIED _ I HEREBY CERTIFY THAT THE BUILDING ��i �. SITE PLAN )WN ON THIS PLAN IS LOCATED ON THE OUND AS SHOWN HEREON &THAT IT zroEsi lam" :.*�7:, LOCUS: `—O I OFF WIPLF ---friZ E ET' VFORM TO THE ZONING BY LAWS OF THE 1AAIES � � / NN OF fJ (zN r3L.C I f►Y' 1 W E 5 T 20 I o I C(� N DATE 1 1 2 �;•40 //"�� REF: pIGLn 50c,le- 2�3 down cape en.prineering T�; A PREPARED FOR: 11G UToW I G Z CIVIL ENGINEERS LAND SURVEYORS - REG. LAND SURVEYOR Ili =L5 z/2PI� D Yarmouth&Orleans.MA SCALE T 9 r-z D E6^ � V A L D4 Ilk Mpg L �4i L L (p� �1 p5 �L P. � '� '�• i {�V Log F T U r o ' � L 1 . 33I-ay BooP2882 im,i 326 nF:F:•�S QUITCLAIM DEED I, JANE M. BURKE, of Meeting House Way, West Barnstable, Barnstable County, Massachusetts, for consideration of Nineteen Thousand Three Hundred ($19,300.00) Dollars paid grant to JOHN F. MIKUTOWICZ and NANCY A. MIKUTOWICZ, husband and wife,of 1154 Route 149, Marstons Mills, Barnstable County, Massachusetts, as tenants by the entirety, with QUITCLAIM COVENANTS, a certain parcel of vacant land situated In West Barnstable, Barnstable County, Massachusetts as shown on a plan entitled "Plan of Land In West Barnstable, Mess., as surveyed for Nell F. Ames by Crowell &Taylor Corp., Yarmouthport, Mass..dated June 197211, re- corded In Barnstable Deeds In Plan Book 263, Page 76 and being more particularly bounded and described as follows: SOUTHEASTERLY by Maple Street, a public way, fifteen and 31/100 (15.31) feet; SOUTHWESTERLY by land of Alfred W. Childs, Jr. four hundred twenty-six and 99/100 (426.99) feet; �. SOUTHEASTERLY by said land of Alfred W. Childs, Jr. two hun- dred eighty-nine and 57/100 (289.57) feet; SOUTHWESTERLY by land of Frank C. Hincks, Jr. at ux by two courses measuring ninety-five and 41/100 (95.41) feet and about forty-one (41 ± ) fast respectively; NORTHWESTERLY by the edge of bog, being land of Neal F. Ames, about two hundred fifty (250 ±) feet; NORTHERLY by land of said Ames about forty-four (44 + ) feet; NORTHWESTERLY by land of said Ames two hundred forty and 73/100 (240.73) feet; NORTHEASTERLY by land of said Ames two hundred sixty-flve and 59/100 (265.59) feet; SOUTHEASTERLY by land of said Ames one hundred thirty-seven and 93/100 (137.93) feet; 's t I BwiY2882lAri 327 EASTERLY by land of said Ames ninety-six and S9/100 (96.59) feet; NORTHEASTERLY by land of said Ames and land of Priscilla C. Crane by two courses a total distance of two hundred eighty-seven and 36/100 (287.36) feet. I Containing two and 98/100 (2.98) acres, more or less. For my title, see deed of Neel F. Ames, dated March S, 1973 and recorded in the Barnstable County Registry of Deeds In Book 161S at Page 300. Sold premises are conveyed subject to and with the benefit of a Variance granted by the Board of Appeals of the Town of Barnstable, dated October 111, 1972, Appeal No. 1972-82, notice of which was recorded In the Barnstable Registry of Deeds November 14, 1972 In Book 1756, Page 045. Sold premises are conveyed subject to an easement for the benefit of land now or formerly of Walcott Ames adjoining the premises herein conveyed to connect with and use and electric or telephone lines or water mains or other utilities Installed or laid out over so much of the premises herein conveyed as Iles within 275 feet of Maple Street, It being understood that the owner of said adjoining land shall repair any damage that may be caused to the premises herein conveyed by connecting with or using said utilities. WITNESS my hand and seal"I'" day of ~ 1979. JANE M. BURKE COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. �f q!tGf� 1979 Then personally appeared the above-named, 'JANE M. BURKE, and ack- nowledged the foregoing Instrument to be her free act and deed, before me, Q_ R(Ss G. n1ePL-R.41oT7 �y Notary Public o�r/� My Commission Expires: / t.l ONWFALTH OF MA!.•.A..11;11Flffi a, ) MAN�•,,-` f -l.. 1 4. 4 f: RECORDED MAR 9 079 1 i i • f 2 eouM2882 m-i 328 I, NEAL F. AMES of Barnstable (West) , Barnstable County, t IIMassachusetts, for consideration paid and in full consideration iof SEVEN THOUSAND ($7,000.00) DOLLARS, grant to JOHN F. MIKUTOWICZI i and NANCY A. MIKUTOWICZ, husband and wife, as tenants by the �ientirety and not as tenants in common, both of 1154 Route 149, IlBarnstable (Marstons Mills), Barnstable County, Massachusetts, !with QUITCLAIM COVENANTS: A certain parcel of land together with the buildings thereon situated in Barnstable (West) , Barnstable County, Massa- chusetts, shown as LOT 3B on a plan entitled "Plan of Land in West Barnstable, Mass. For Neal F. Ames", drawn by Baxter & Nye, Inc., dated January 17, 1979, recorded in Plan Book 9 j/ , PageA , being more particularly bounded and described as follows: NORTHEASTERLY by Widgeon Lane, a private way, twenty (20) feet; SOUTHEASTERLY by Lot 3A on said plan, by three courses totaling one hundred eighty-eight and 58/100 (188.58) feet; NORTHEASTERLY by said Lot 3A, two hundred fifty-three and 67/100 (253.67) feet; EASTERLY AND SOUTHEASTERLY by land now or formerly of Joan T. Vos, about one hundred sixty-five (165t) feet; NORTHEASTERLY by said land of Vos, about seventy-one and 10/100 (71.10±) feet; SOUTHEASTERLY by land now or formerly of Morris & Elizabeth K. Kaplowitz, one hundred thirty-seven and 47/100 (137.47) feet; SOUTHWESTERLY by land now or formerly of Jane M. Burke, by two courses totaling two hundred eighteen and 28/100 (218.28) feet; SOUTHWESTERLY by said land of Burke, ninety-six and 59/100 (96.59) feet; NORTHWESTERLY by said land of Burke, one hundred thirty-seven and 93/100 (137.93) feet; JONN Ft.ALOeM ATroNNeT AT WIF ne MAIN miser P.O.be Me 06TICIIYIIAL NA"1111111 BIM12882 ►so 329 SOIITiIWL•'STCRLY by said land of Burke, two hundred sixty-five and 59/100 (265.59) feet;: NORTHEASTERLY by land formerly of Neal Ames, one hundred twenty-three and 82/100 (123.82) feet; and NORTHWESTERLY by land formerly of Neal Ames, one hundred sixty-six and 87/100 (166.87) feet; CONTAINING about .97 acres of upland and .85' acres of cranberry boy. Said premises are conveyed together with a right of i way for all purposes including the installation of utilities in common with all others now or hereafter entitled thereto including all of the remaining land of the GRANTOR uvF•r. so much of said Widgeon Lane as is necessary to reach Maple Street. So much of said premises as by implication of law lies within the sidelines of Widgeon Lane shown on said plan is subject to the riclhl•s of: all persons now or hereafter entitled to.use them same. Said premises are conveyed subject to an''easement in favor of the New England Telephone and Telegraph Company and New Bedford Gas and Edison Light Company dated.Januaiy 1, 1977, recorded in narnstable Deeds Book 2457, Page 19. Said premises are conveyed together with the appurtenant rights and subject to the agreement set forth in deed to Jane M. Burke dated March 5, 1973, recorded in Book 1815, Page 300. Said Lot 3B is not conveyed as a separate building lot I and is to be combined with and made a part of the land adjoining the same on the west shown on said plan as "N. or F. Jane M. � Burke." Being a portion of the premises described in a deed of Walcott Ames dated April 28, 1971, recorded in said Deeds in Book'1864, Page 201. i 2 - i �i ii I' BM2882 fay: 330 11 i ! WITNESS my hand and seal this 9-ey day of 7,'��: �I 1979. 1 ,T NEAL F- AMES i ! { I COMMONWEALTH OF MASSACHUSETTS 1 1979 Barnstable, SS. Then personally appeared the above named Neal F. Ames j IIand acknowledged the foregoing instrument to be his free act . xbt and deed, before me tu 1: { My'/commission expires. COMMt11dW M l { ! i A."'ACFiUSF.iTS XCI . { c� Y.B.1IO.t _ �• . . i t ii i 1 ;• II 3 - RMD 9�� I :xanivac j o x� 10 1t m @bs � • J — �im a ' •a� D fmDtt g,�' . �z � � s� � u Was � � / �/I I �IA I �( I �. g �N\N'n�N 4 W �y� .y•��c f V\ll �AN L a F Ly6 0 C b ° L S b�ypFTNFTb,ea e�t.s�:� , i DA STM = TOWN OF BARN, STABLE 39 PLANNING BOARD �o e�Y► August 25, 1981 Mr. Francis A. Lahteine Town Clerk Town of Barnstable Town Hall 367 Main Street Hyannis, Mass. 02601 Re: Subdivision #462 Mikutowicz West Barnstable Dear Mr. Lahteine: At a special meeting of the Barnstable Planning Board held on . Monday, August 24, 1981, it was voted to approve the above 'subdivision plan subject to the Town. of Barnstable Subdivision Rules and Regulations, posting of a proper covenant and the regulations of the Board of Health, in a letter on file in the Planning Board office. Plan is entitled "Plan of Land in Barnstable (West) Mass. for John & Nancy Mikutowicz". Scale: 1"=60' . Dated: April 9, 1981. Drawn by: Baxter & Nye Inc. , Registered Land Surveyors, Osterville, Mass. Yours very truly, 0-o�l 1), Mary An e Grafton- dge, s, Chairman Barnsta le Planni Boa, d t MAGR:bdl cc: Baxter & Nye Nancy Johnston I . MoETHE TO TOWN OF BARNSTABLE w OFFICE OF BARNs BOARD OF HEALTH MASIL 88. 9oOA i639° 367 MAIN STREET HYANNIS, MASS. 02601 August 20, 1981 Mrs. Mary Anne Grafton Rodgers Re: Subdivision of land in Chairman, Planning Board West Barnstable Town of Barnstable Petitioner: John & Nancy Mikutowicz Hyannis, Ma. Date: April 9, 1981 Engineer: Baxter & Nye No. 8057 Dear Mrs. Rodgers: The Board of Health approves this subdivision. The following conditions must be met: The developer must submit a copy of a master plan to the Board showing the exact location of the wells and septic systems throughout the subdivision. Each well and septic system shall be located within the prescribed boundaries of each individual lot. Building permits will not be approved by the Board of Health on individual lots until the well is installed and certification submitted as to the bacteriological and mineral content of the water by a State Approved Laboratory. A percolation test must be made on each lot, at leaching site, before a building permit will be issued. Each proposed septic system must conform strictly to 310 CMR 15.00, the State Environmental Code, Title 5, and Town of Barnstable Rules and Regulations. Prior to Board of Health approval of each building permit, the sewage system and water supply must conform to 310 CMR 15.00,the State Environmental Code, Title 5, and Town Health Regulations that are in effect on the date of said issuance. Ver t yours Rrt L. Childs, Chairma oe a f r 1 Ann_-J ' Eshbaughh�1� 41. F. Inge, M. D. BOARD OF IJEALTH ,, -tMK/mm `✓ cc: Town Clerk John and Nancy' Mikutowicz Baxter & Nye 1 I CFI-'TtFV TtiIAT TµtS RAu g u L5 $6Ci! P¢EPA2ab IU GOu CGeM(W W ITLI Tus A U= 12CbULATIO 11 S OF TUB �epA Cq PlL LST�2a Ogr 1 e1 x . Lo GuS MA,P d acx / p .0 2000 - — \ � _ .� m � \ SceLac M!TERia FT ¢EslDa+.lrlLL Zoos RT� J MAP 132 Fri- °wJ AL i A3E 3Sog .or 1238Z -- —Z . Ad F. AuES .65 CRZ Ae. ToTLL 9C F Ole 12 !bees o� JOAy T. Uos 1 y d � -Moe.cPd � J� U6 Q7 �j t GGfL'fIF�I Tu AI• �.lollc•E. of APP¢o✓AL .. jf//'JJ - - . OF Tti115 PLLtI aj mean "E=l 1'ASIE RAtmx> 50L2D LIES'6®.1 varr VEm A{lD Y6[p®ED AT TUTS OLTICT.. Lill uo APPC:AL. WAS 2EGQIVIrtC7 ILL T1.IE LII/ h`( LLYS S Yur g9 TD 9r+.1 e +CT ALID me-cneoluG. 8A¢►1STA6L♦=: MYAFU CA•EPAL /jam es>zu•si-a ��ul� B11R�JS3TA, (WpyT) MA%S. 'APPeoM120 UUbFY. TUE SLUZIM5IOUl GOa1T20L• LAw6. . �� s16uEp. -,'•�.�-�- 2 .1O{diJ AlbJ�1CY /11ltKurowiGZ ' SCALE t'-GO AF¢IL 9.1481 ti, '`'\ •1�'? ?J h '. BAXTtaf�,jc uYr.iur-. .t.: r.-.,'`_.:. vF�-IST�p �+►lo s�x��yoes A ' - MRTE71 1�M0� FORM C APPLICATION FOR APPROVAL OF DEFINITIVE PLAN (Where alternative paragraphs are provided, applicant is to select and complete the paragraph pertinent to his case.) ................Dune......,.......... , 198..... To the Planning Board of the Town of Barnstable 1. The undersigned applicant, being the owner of all land included within a proposed subdivision shown. on the accompanying plan, entitled P.Laa...af..Land...in..Barnstable...4West�...Lox...John and N c Mikutow' anHaXd .................................Ap.rilL.A.. , 19.81.. , submits such plan as a definitive plan of the proposed subdivision and makes application to the Board for final approval thereof. 2. The land within the proposed subdivision is subject to the following easements and restrictions: ...............................Nana............................................................................................................................ 3. There are appurtenant to the land within the proposed subdivision and following easements and re- strictions over the land of others: ..Gr.aAt..A.f...l:a.B rit...to...pas.s...and...reptass...cauez..,a...pnrtion...of..Lnt#50A Plan Book 307 , Page.. 16 for purpose of access and placement of utility ...... ...... ..... ...... ..... .... ........... service. 4. (a) A preliminary plan of the proposed subdivision has not.been submitted to the Board. OR (b) A preliminary plan of the proposed subdivision, to which the accompanying plan conforms, was tentatively approved by the Board on ......................June...J.... , 19.g1.. . OR (c) A preliminary plan of the proposed .subdivision was tentatively approved by the Board on ................................................ . 19........ with modifications, which modifications have been incor- porated in the accompanying plan. 5. The applicant agrees, if the definitive plan is approved, to construct and install all improvements within the proposed subdivision required by the Rules and Regulations of the Barnstable Planning Board as in force on the date of this application, and as modified and supplemented by the work specifications and other requirements set forth in the statements attached hereto. 6. The applicant further agrees to complete all said required improvements within one year from the date of approval of the definitive unless the Board approves a different period of time. 7. If the definitive plan is approved, the applicant agrees to record or register the plan in Barnstable County Registry and agrees that even if otherwise authorized so to do by the filing of a performance bond, applicant will not sell or offer to sell any of the lots within the subdivision until said plan is so recorded or registered. 8. The applicant further agrees that if the definitive plan is approved, applicant will promptly at any time thereafter when requested so to do by the Board, convey to the sewer District in form satis- factory to the Board, title to sewers and the prescribed easements therefor. The applicant also agrees to convey to the Town title to storm drainage improvements and easements therefor. FORM — Page 2 '. 9. (a) The applicant further agrees that before final approval of the definitive plan, the applicant will cause to be filed with the Board a bond in form satisfactory to the Board, conditioned on the { completion of all required improvements in the time and manner prescribed, in a penal sum sufficient, in the opinion of the Board, to cover the cost of such work, and executed by the ap- -'', plicant as principal and a surety company authorized to do business in the Commonwealth and satisfactory to the Board as surety, or secured by the deposit with. the Town Treasurer of cash or negotiable securities in an amount equal to the penal sum established by the Board. OR (b) The applicant requests the Board to approve the definitive plan on condition that no lot in the subdivision shall be sold and no building shall be erected or placed on any lot until the re- quired improvements necessary to adequately serve such lot have been completed to the Satis- faction of the Board. 10. This application is accompanied by an original drawing of the proposed definitive plan with three black line contact prints and a fee of $15.00 to cover the cost of giving notice of a public hearing. 11. The owner's title to the land is derived under deed from Jane,..M....B.urka...and—Real...F.... ,Ames dated ...........Xar-Ch..9..,............ . 19..7.9.. , and recorded in Barnstable County District Registry of Deeds, Book..28.82... , Page326•-32$, OR under Certificate of Title No. .................... registered in Land Registry District Book , Page.................... . ..Joba..And...NanCy..KiXU.t;Q.W q.Z..................... By Their Attor ey :. ........................ Michael B. Stu6 ` nt Ardito , Sweeney & Stusse 5200 Building — Lock Box 777 ........................................................................................ )ast Yarmouth, Address 02673 A list of the names and addresses of the abuttors of this subdivision is attached. Verification will be made by the Planning Board. t f�eTtN TY AT tilts�►� .-�.�'°,•t•^,..'•.r'.. 41d5 86P11 P¢EPOY•Gb t�1 , WITLI TJE .t o pYo ¢cWLaToLA a OF — vi�"''�Z` C Pl[.isroms ILI- Vats Lo Gus MAP — ' �toaLt�'iet- 7sYc ev M&P t32 Po- >w _ AIL — —��0.1 : ,V \.`si c t• A— . 11"o 04 t,rtzz ? 2 i 11' �a /cs AoALL T. V-s 1 N ti � � c /• ? � I _ — � �, . '•Q \mot �, ; ��/off. � / / pbp Ile s I -VALT "-ne.E. 05�' APP804A" .. OF Tugs FLA.1 vq ZY6 WWAMMI-bV"WYG Bod2D Nes'eQa� � . Crt• •Nl5 oFc1cG. QE1'alVlraC7 ILL T1lE 1 Y Qtto{<•D1LIG.r-- &. I � 1'V '� e�1PT AaLD . gp¢IJSTAQ.L. �OwM1I �� _ _ • PLAt-1 OF L d.tp da,itsr�� vu�Nlu� � ,:. BARs•��'AB��. •cw�� ' FOIL '• _ 'VP.ovrm Lwtmw- sue c�Ygt;ILASIOLI Ki� �C.Z (�Lj,QOL• LAw..6. �dTE ppP Q¢.f•+'ul.2•'T'/D['/ _ GP¢tt-9.14e1 4.tit-,y/3t.^Z6 l- Coo flOdT c3 .a16L16A. "yr-ILL LALIp Shoes 00�Z 7I• k L NJ I I W trt• i - - I ! sw2641 WA 264 35724 t j I, NEAL F. AMES of Barnstable (West), Barnstable County,1 Massachusetts, for consideration paid, and in full consideration !i of THIRTY.THOUSAND ($30,000.00) DOLLARS, grant to RICHARD A i jjJOHNSTON and NANCY E. JOHNSTON, husband and wife, as tenants by �i the entirety and not as joint tenants or tenants in common, both I I! of 660 Main Street, Barnstable (West) , Barnstable County, Massa- I II chusetts, with QUITCLAIM COVENANTS, a certain parcel of land �jshown as Lot 4 on a plan entitled "Subdivision Plan of Land in j f I� I`I West Barnstable, Mass. For Neal F_ Ames" dated October 11, 1977, II recorded in the Barnstable Registry of Deeds in Book 318, Page 94, IItogether with a small parcel of land shown on said plan as "Proposed Road" and being more particularly bounded and described 1 as follows: LOT 4 NORTHEASTERLY by land of the Penn Central Railroad by three courses a total distance of, j one thousand seventy-seven and 55/100 (1,077.55) feet; SOUTHEASTERLY by Lot 2A on said plan, being other land of the Grantor, one hundred t seventy-eight and 01/100 (178.01) feet; j SOUTHERLY by said Lot 2A, ninety-eight and 13/100' (98.13) feet; EASTERLY by said Lot 2A, one hundred thirty and 30/100 (130.30) feet; ji SOUTHWESTERLY by the proposed road in the second 0 I; parcel hereinafter described, one ' 1 hundred and 00/100 (100.00) feet; i SOUTHEASTERLY by the end of said proposed road and byl other land of Neal F. Ames and land of Jane M. Burke by seven courses measuring fifty and 16/100 (50.16) feet; one hundred sixty-six and 87/100' (166.87) feet; one hundred twenty-three and 82/100 (123.82) ! feet; two hundred forty and 73/100 (240.73) feet; about forty-four (44) t feet; about one hundred seventy-five. and 00/100 (175.00) feet; and seventy-five and 82/100 (75.82) feet respectively; JOMN R.ALGlR 1 wrr"Illm AT ur e r q0 N111R/TIIfiT I.0.Ml MI O/IRIItLt.Ilwa.QiYz I ' f 'i a eoor.2641 rest %5 SOUTHWESTERLY by land formerly of Frank Hincks and now or formerly of Sea-Lake Corpora-I I. tion, two hundred twenty-four and j� 84/100 (224.84) feet; i I!� EASTERLY by the edge of a bog, by said land now or formerly of Sea-Lake Corporation, ) about two hundred and 00/100 (200.00� 's feet; I 1 I; iI SOUTHWESTERLY and WESTERLY by the edge of the bog and land now or formerly of Sea-Lake Corporation, about seven hundred thirty and ' 00/100 (730.00) feet; NORTHWESTERLY by said land now or formerly of Sea- Lake Corporation by five courses measuring twenty and 59/100 (20.59) x, feet; two and 7/10 (2.7) feet; one hundred fifty-three and 00/160 1: (153.00) feet; forty and 00/100 (40.00) feet; and about ninety-five ;i and 00/100 (95.00) feet respectively SOUTHWESTERLY, q EASTERLY, I SOUTHERLY, ! SOUTHWESTERLY " ! AND NORTHERLY by a line parallel to and five (5) feet) i distant from the high water eleva- tion of a pond as shown on said plan about one thousand six hundred j eighty and 0.0/100 (1,680.00) feet; NORTHEASTERLY by land of Henry R. and Carl H. Lampi, about two hundred seventy-five and 00/100 .(275.00) feet; NORTHERLY by said land of Lampi by four courses I: measuring about twenty-eight and j 00/100 (28.00) feet; two hundred i twenty-four and 66/100 (224.66) feet ninety-seven and 74/100 (97.74) feet and one hundred eighty-five and 38/100 (185.38) feet respectively; and ;`. NORTHWESTERLY by said land of Lampi, three hundred twenty-three and 43/100 (323.43) feet. Containing about 29.7 acres, more or less, consisting of � 11.3 acres more or less of upland; 13.2 acres more or less of bogs ji - and 5.2 acres more or less of pond. -2- i. i. BwP26f2 rm 2w PARCEL 2 (Proposed Road) SOUTHEASTERLY by the end of Widgeon Lane, a private way, as ahown on said plan, fifty- three and 06/100 (53.06) feeti SOUTHWESTERLY by Lot 3, being remaining land of the Grantor, one hundred thirty-one and 27/100 (131.27) feet; NORTHWESTERLY by the first parcel above described, fifty and 16/100 (50.16) feet; and NORTHEASTERLY by said first parcel above described, one hundred fifty-three and 06/100 i (153.06) feet. All. as shown on said plan. Being a portion of the same premises described in a deed of Walcott Ames to the Grantor herein, recorded in Book 1864, Page 201. Said second parcel is conveyed subject to a right of way in common with all others now or hereafter entitled thereto over the proposed road as shown on said plan for all purposes including the installation of .utilities for the benefit of the remaining land of Neal F. Ames shown as Lot 3 and Lot 2A on said plan. Both parcels above described are conveyed together with the benefit of a right of way over Widgeon Lane as shown on said nquskM plan and on'a plan of land recorded in Barnstable Deeds, Plan Book . �^ hllll � N,j,ro i 312, Page 32, in common with all others now or hereafter entitled . thereto. ' The premises are conveyed subject to and with the benefi LL� 111\ of easements of record including the right of Henry H. and Carl H. _/ a� n,i:ll Lampi to cross the same to and from their land in the northwest corner of the premises. } ONO It being specifically understood, however, that no right Ori Illiid of way is hereby granted over Lot 2A or Lot 3, being the.remaining • t 6 5 8 8 1 6 land of the Grantor. ? WITNESS my hand and seal this JC141da o£ December, 1977. -3- 1 f i i6 r �i i� BOOK2641 rm 267 THE COMMONWEALTH OF MASSACHUSETTS ;i $arnstable, ss. December 'JG , 1977 II I: Then personally appeared the above named Neal F. Ames �i `i and acknowledged the foregoing instrument to be his free act• and deed, before me I; � P rc I, My commission expires:���" P i. I I I, I. ;I i� I� i� I� , is I� li I. I' I� is i I I i 1 II -4- RMORDED j}EC 3 01977 i i q4 Ir 4 4- lk L-L--o- 1 21 wf- Q fe ta Ll BP:10029-0233 96-01-26 12:06 4004570 QUITCLAIM DEED We, JOHN F. MIKUTOWICZ, of Mashpee, Massachusetts, and NANCY A. MIKUTOWICZ, of West Barnstable, Massachusetts, for NOMINAL, NON-MONETARY consideration, grant to NANCY A. MIKUTOWICZ, of 225 Maple Street, West Barnstable, Barnstable County, Massachusetts, 02666 with QUITCLAIM COVENANTS: A certain parcel of land, together with any buildings o, thereon, situate in West Barnstable, Barnstable County, Mas- sachusetts, as shown on a plan entitled "Plan of Land In N West Barnstable, Massachusetts, as surveyed for Neal F. Ames by Crowell & Taylor Corp. , Yarmouthport, Mass. dated +� June 197211 recorded in the Barnstable County Registry of d Deeds in Plan Book 263, Page 76 and being more particularly bounded and described as follows: v! � SOUTHEASTERLY by Maple Street, a public way, fifteen and a 31 /100 (15 .31 ) feet; fp L NCO SOUTHWESTERLY by land of Alfred W. Childs Jr. , four hundred N and twenty-six and 99/100 : (426.99) feet; SOUTHEASTERLY by said land of Alfred W._;:.Childs, Jr. , two y hundred eighty-nine and 51/100 (289.57) feet; d v` SOUTHWESTERLY by land of Frank C. Hicks; Jr. et ux by two courses measuring ninety-five and 41 /100 (95.41 ) feet, and about forty-one (41 ) feet, d plus or minus, respectively; c 1° NORTHWESTERLY by the edge of bog, being- land of Neal F. ci Ames, about two hundred fifty (250) feet , more or less; NORTHERLY by land of said Ames, about forty-four (44) feet, more or less; NORTHWESTERLY by land of said Ames, two hundred and forty and 73/100 (240.73) feet; NORTHEASTERLY by land of sold Ames, two hundred and sixty- five and 59/100 (26S.59) feet; SOUTHEASTERLY by land of said Ames, one hundred thirty- seven and 93/100 (137.93) feet; �ttl &atl. la��d, EASTERLY by land of said Ames, ninety-six and 591100 d�lto.n.y at 1'o.r (96.59) feet; 9 O 230: !ON$ 3z1? 04f.c. st—i NORTHEASTERLY by land of Ames and land of Priscilla C. .04"'tac&N!lfn91. VU04 Crane by two courses a total distance of oz63o CU. (Wj 36z-P+89 [)� f BP=10029-0234 96-01-26 12s06 #004570 Page 2 two hundred and eighty-seven feet and 36/100 (287.36) feet. Said premises are conveyed subject to and with the benefit of a Variance granted by the Board of Appeals of the Town of Barnstable, dated October 18, 1972, Appeal No. 1972-82, notice of which was recorded In the Barnstable County Regi- stry of Deeds November 14, 1972 In Book 1756, Page 45. Said premises are conveyed subject to an easement for the benefit of land now or formerly of Walcott Ames adjoining the premises herein conveyed to connect with and use electric or telephone lines or water mains or other utilities instal- led or laid out over so much of the premises herein conveyed as Iles within 275 feet of Maple Street, It being understood that the owner of such adjoining land shall repair any damage that may be caused to the premises herein conveyed by connecting with or using said utilities. For title see deed dated March 8, 1979 and recorded In the Barnstable County Registry .of Deeds Book 2882, Pages 326 ± 327. WITNESS our hands and .seais. this..20th day of December, 1995. PHIN F. Z A. OWIC i COMMONWEALTH OF MASSACHUSETTS Barnstable ss. December 20, 1995 NOW, BEFORE ME, personally appeared the above named Mikutowicz and Nancy A. Mikutowicz who ac know Ied -f foregoing to be their free act and deed. ged: j�e s, c ae Lavender .`. . � �• •'� .tiaeAptt Y. lAv�.,L. My Commission Exp i r e s! %2.7±Y2-d 0 2''• to 8g ' 9217 Ae(n .6had B."iI.M. Wirl.oyt. Aloq oabgo CU. (gob( 362-118q f BP:10029-0235 96-01-26 12%06 9004570 QUITCLAIM DEED We, JOHN F. MIKUTOWICZ, of Mashpee, Massachusetts, and NANCY A. MIKUTOWICZ, of West Barnstable, Massachusetts, for NOMINAL, NON-MONETARY consideration, grant to NANCY A. MIKUTOWICZ, of 225 Maple Street, West Barnstable, Barnstable County, Massachusetts, 02668 with QUITCLAIM COVENANTS: A certain parcel of land, together with the buildings thereon, situated in Barnstable (West) , Barnstable County, j Massachusetts, shown as Lot 3B on a plan entitled "Plan of co Land In West Barnstable, Mass. for Neal F. Ames, " drawn by W Baxter & Nye, Inc. , dated January 17, 1979 recorded in the to Barnstable County Registry of Deeds Plan Book 331 Page 27, o being more particularly bounded and described as follows : NORTHEASTERLY by Widgeon Lane, a private way, twenty a, (20) feet; a� � d N SOUTHEASTERLY by Lot 3A on said plan, by three courses M totaling one hundred eighty-eight and 581100 (188 .58) ; o.c m NORTHEASTERLY by said Lot 3A,: two hundred fifty-three u, and 67/100 (253,67) feet;: :v EASTERLY AND SOUTHEASTERLY by land now or formerly of Joan T. Vos, about one hundred sixty-five ( 165) feet, more or less; Q NORTHEASTERLY by salad land of Vos, about seventy-one and 10/100 (71 . 10) feet, more ..'or less; SOUTHEASTERLY by land now or formerly of Morris & Elizabeth K. Kaplowitz, one hundred thirty- L seven and 47/100 (137.47) 4 eet; SOUTHWESTERLY by land now or formerly of Jane M. Burke, by two courses totaling two-hundred eighteen and 28/100 (218.28) feet; SOUTHWESTERLY by land of Burke, ninety-six and 59/100 (96.59) feet; NORTHWESTERLY by said land of Burke, one hundred and thirty-seven and 93/100 (137 .93) feet; dtiu�a,t 1. La�nd, SOUTHWESTERLY by land of Burke, two hundred sixty-five �411 ..yM -C.- and 59/100 (265.59) feet; 9 0 Oor r o 89 9Y0,A.i.Sf. f NORTHEASTERLY by land formerly of Neal Ames, one hundred 23a.,..Iarr. "vitt.9., 444o4 twenty-three and 82/100 ( 123.82) feet; and oab90 NORTHWESTERLY by land formerly of Neal Ames, one hundred BP`10025-0236 36-01-26 12:06 #004570 Page 2 sixty-six and 87/100 (166.87) feet; CONTAINING about .97 acres of upland and .85 acres of craberry bog. Said premises are conveyed together with the right of way for all purposes Including the installation of utilities in common with all others now or hereinafter entitled thereto Including all of the remaining land of Neal F. Ames over so much of said Widgeon Lane as Is necessary to reach Maple Street . So much of said premises as by implication of law lies within the sidelines of Widgeon Lane shown on said plan is subject to the rights of all persons now or hereafter entitled to use same. Said premises are conveyed subject to an easement in favor of the New England Telephone and Telegraph and New Bedford Gas and Edison Light Company dated January 1 , 1977, and recorded in the Barnstable Deeds Book ,2457, Page 19. Said premises are conveyed together with the appurtenant rights and subject to the agreement set forth in a deed to Jane M. Burke, dated March 5; 1973, recorded, in Book 1815, Page 300. Said Lot 3B is not conveyed as. a separate building lot and is to be combined with and made part of the land adjoining the same on' the West shown on seid plan as "N. or F. Jane M. Burke. " For title see deed dated March 9, 1979 ':and recorded In the Barnstable County Registry of Deeds Book 2882, Pag 328-330. WITNESS our hands nd seals this 20th day of Dec ber, 1995 N M KUTOWICZ COMMONWEALTH OF MASSACHUS TS Barnstable ss. December. 20',.;�, _5 BEFORE ME �-•�� .,,! ���•.-. dtl.&UtX. X ..d.. NOW, , personally appeared the above namad' 11�hn';F;., �., a9!l..,,.yalr,W Mikutowlcz and Nancy A. Mikutowlcz, who acknowled Jnol�.r ,ceg foregoing to be their free act and dee . L�a+n.laEft �it�ag., �d>t I ►y oa6go Michael Lavender Not -Vub, My Commission Exp i rei�..,�/,�7 b,? CU. lsosj BARNSTABLE REGISTRY OF DEEDS \ i alLk 4 4 tA4 �c J { w { rot. --- ,was, A TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION rcr►.�►� 0�7 D,_� 3 to Map 132 Parcel 036-001 ApplicTfi # H ealth Division �YJ Off' Consery ' n ision - _�T Permit# Tax Colle r Io7 --�� -� Date Issued Treasurer ✓AA 42,T 4fs Application Fee. $100. 00 Planning Dept. Permit Fee $1 12 2 . 7 3 Date Definitive Plan Appr la ning Board Historic-OKH Deservation/Hyannis Project Street Address - 57 W i d g e o ri Lane Village West Barnstable ' Owner Jonah & Emma Mikutowicz Address 22 Rodney St New Bedford , MA Telephone (508) 776-9759 Permit Request Construction of a new single family residence well septic & associated site-work Demolition of an existing barn - I `7 Square feet: 1 st floor:existing — proposed 1617 2nd floor:existing — proposed 956 Total new 2 5 7 3 Zoning District RF Flood Plain FEMA "C" Groundwater Overlay A Project Valuation $2 4 7 , 0 0 8 Construction Type Wood Frame Lot Size 1 . 92 Acres . Grandfathered: ®Yes ❑No If yes,attach supporting documentation. 8 Dwelling Type: Single Family ® Two Family ❑ Multi-Family(#units ) oe Age of Existing Structure — Historic House: ❑Yes U No On Old King's Highway: W Yes ❑No Basement Type:: ].Full ❑Crawl ©Walkout ❑Other Basement Finished Area(sq.ft.) — Basement Unfinished Area(sq.ft) 1617 Number of Baths: Full:existing — new 3 Half:existing — new 1 Number of Bedrooms: existing — new 4 Total Room Count(not including baths):existing — new 10 First Floor Room Count 7 o Heat Type and Fuel: ®Gas ❑Oil ❑Electric ❑Other Central Air: ®Yes ❑No Fireplaces; Existing — New 1 Existing wood/coal stove: ❑Yes ®No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:®existing ❑new size A 6 0 s i Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ JAppeal# — Recorded❑ Commercial ❑Yes ®No If yes,site plan review#0 Current Use — Proposed Use — BUILDER INFORMATION Name Jonah Mikutowicz (owner) Telephone Number (508) 776-9759 Address 22 Rodney Street License# CS 84196 New Bedford , MA 02744 Home Improvement Contractor# — Worker's Compensation# — ALL CONSTRUCTION D S RESULTING FROM THIS PROJECT WILL BE TAKEN TO T o w n o f B o u r n e SIGNATURE DATE y/lyd/a7 S 1 t ceerIF I TUAT T►►IS vwu . r� 41A5 86P3.1 P¢EPAe40 IU ' GOU FOeM IT`f W ITU TUE 1�ErO1 t AUc G?WWLAT!OUS of TUF. L°"'s r iNas Lo ewS MAP sc Fr ivy CC! PFf fDG►fT1AL ZOUL P-F 0 f / ug3 s13 i°d Sulu d%e, p WFFAL F. AMES r( �� ! �47 `� 8� %Aa Ac. Ted_ Qp G R , P s 10AU T Vos f 1 1 D 0 Q _N •;� -ecas_ � - Q -07 bp G dt? v.r � � a .M. -OLooM 4a W ge • �C R b0 C ra .l. .� Z, A . . 1 GGfLT1F`I TLLAT U.vt•1 C.E. l:F• APv6aV4t- .. -_ of TUIS PLAID 'B f TUE 8A¢t5TUMS.RdlW" -7 achouI "S-WEWJ MBCOP/t—AVD 0Wtmpeo AT Tuts ovvtcl- L1JD wo APxA►- WAS . eoLvuvwx=t ILL TUE -mr.0`/ MeKS 60as OUiUT TD n�.f 2B9+PT AaID qb= zu W4- i $l+e USTAB►f: TON1J C.L.FP.IC . . . PLAN' of .l_ALID aA>zysr� vuu►�tuG �leas� BARN5TAWLA 'Cw.6 MA- ACPeoWA th10tY T11E SLUDIvtStol-1 CoatTtzot_ l_Aw6. . �y • �•TE APPitO.%1c?D. 24• UC.�r7'/DC°/ .. Ji�y TM 4 AIANCY AAiVUT01R/IC.Z DATA 'SAaWS1j. .- A.4,e-A'/ ,Z i AFRtL 9 81 ' SFdLE, ►•�too Mai 1'e i SAiL t iai�A uy6 loc• !�!J�-'i+-�!�'�L t- ejstsTra9p ��o su¢v�loes . i mK"AM A MX1fli ' I k .. ,,. NOTES 'ROFILE 1. DATUM IS AP=R-OXIM' ACCESS COVER (WATERTIGHT) TO WITHIN 3" OF FINAL GRADE 2 MUNICIPAL WATER IS WATERTIGHT) TO d. -GRADE 296 SLOPE REQUIRED OVER SYSTEM 30.5 3. MINIMUM PIPE PITCH Y DOUBLE WASHED OR GEOTEX TILE F�,RIICON 4. DESIGN LOADING FOR /EL 3' MAX. 27.5' 5, PIPE JOINTS TO BE I 6. CONSTRUCTION DETP p p C3 p 0 a C3 C3 0 o ENVIRONMENTAL CODE 2' 5' C3C3 C3 C3 C3 C3 C3 C3 p 7, THIS PLAN IS FOR F p C3 C3 I� p C3 C3 p C3o 24.5' ONLY AND NOT TO BE 2, pppp p pppl� OTHER PURPOSE. 3/4" TO 1 1/2" DOUBLE WASHED STONE g PIPE FOR SEPTIC S (3) 500 GALLON CHAMBERS (H-20) 9. COMPONENTS NOT 5.9 INSPECTION BY BOAR[ ( 1 7b SLOPE) FROM BOARD OF HEX LEACHING 10. CONTRACTOR SHP 14' FACILITY (1-888-344-7233) UNDERGROUND & OVI USE ADJ. WATER AT ELEV. 18.6' OF WORK. 11. ANY UNSUITABLE 5' BENEATH AND AR 12. ANY UTILITY INS' NING SUMMARY WITH THE HOMEOWNI ZO APPROPRIATE VEND( APPROPRIATE LOCAL ZONING DISTRICT: RF 13, PERMISSION TO MIN. LOT SIZE 150' S.F. GRANTED. MIN. LOT FRONTAGE N/A MIN. LOT WIDTH 309 N/ MIN. FRONT SETBACK 15' C MIN. SIDE SETBACK 15' S��` MIN. REAR SETBACK , MAX. BUILDING HEIGHT 30 GARBAGE DID DESIGN FLOV USE A 440 REFERENCES SEPTIC TANM DEED BOOK 20298 PAGE 30 USE A 150� PLAN BOOK 362 PAGE .16 LEAS SIDES: — BOTTOM: — TOTAL: E Assessor's map and lot number ..,��� .:.. ���4. THE Sewage Permit number ............................................. Z iA,WSTADLE, i ? House number t�.............................................. yp MAO& 0 p 039• 0� �O YPY a' TOWN OF BARNSTABLE BUI.LDIHG INSPECTOR _ APPLICATION FOR PERMIT TO ...CoNST.KU CT NJM E ! ................ TYPE OF CONSTRUCTION .:......... ..................................................................4.... .�..........`.................. ......... AN,.....Lq...............19..(12- :. TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ....L0T....... ........�ftE........`51. ...;�).....���n1.�7'�:����... �.N..�A9......t-.0T.....3.A..).... r Proposed Use ��F .�..:• -� ! r........ ........................................................................................................�........................... Zoning District R .............................Fire District n� w SY��� LG i • s Name of Owner ikM).., ...NA.NCY Ml1.K.060.10_T,.Address 1.15 ......).2,T.....14 f, , 11!IA ice ...=.. . 5�1 M E ' Name of Builder — -'............................Address :. Name of Architect .A 1 Ho.W�.9- ..;....�. �-•�.:.....Address ....ALST F- ) �t`-�•••....���,�!1�S1T............ .�. .. _ ,a Number of Rooms ................ `��X......................................Foundation ......=0Ur2t-:1� C l��)('�f=T� S Cr��t2 SN���r���sl c� Ai� oA � ........AH. .LT....................................... . .. .;. •Exterior .....:......�..............:...............................-.....................�...Roofin Floors .RA 0--')WOOD OOD .Interior .......1=L•14sT��2 ! l )�I l L�1L)/t F�.J Heating t s�r ► .....Plumbing .......... a Fireplace ......... ...................................................Approximate Cost .....................S Definitive P'Sanpproved by Planning Board __:--------_______-----------19_______. Area ............� .:................... Diagram of Lot and Building with .Dimensions Fee , ll \ ............ .'.....v............. s SUBJECT TO APPROVAL OF BOARD OF HEALTH 0 W. I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. �• Name .......//,e;v!;t„'.�";[�, ,-................................. J............ ,. Mikutowicz, John & Nancy 0 rqc-d-ch A=132-36 No ....21999.. Perm iL4c r .....two steory ......................... single family d ellinrg ..................... l .... ......W- P Location West Barnstable.I . ..................... ............................................................................... Owner John & Nancy Mikutowicz ...........................:4.................................... Type of Construction ................frame .......................... .....................I..................... ....................................... Plot ....... .................... Lot .............................. Permit Granted ....... ..February...2.1....19 80 . ........ . .... Date of Inspection .................................19 Date Completed .... 19 `............... .............. PERMIT REFUSED ................................ 19 ............... .... ....................... . ................. I............................................ . ........................................................i...................... ............................................................................... Approved ................................................ 19 .............................. ................................................ • as ��y ��„�•3� �e TOWN OF BARNSTABLE Permit No. _21999 Building Inspector cash _- 6 0�O ) d . < 'lp„►Y�'�" (Owner) OCCUPANCY PERMIT Bond "No building nor structure shall be,erected, and no land, building or structure shall be used for a new, different, changed, or enlarged use without a Building Permit therefor first having been obtained from the Building Inspector. No building shall be occupied until a certificate of occupancy has been issued by the Building Inspect ' 14o� Issued to John & Nancy MikutOW1CZ Address M?----� - *�; i ?_25 Manl,c Gi-rs»f- G7nat R�rn�+-�hl o Wiring Inspector ,� Inspection date Plumbing Inspector / � Inspection datef ! Gas Inspector �'X'ia/.ft i"_l:�T s,�i�.„/ • Inspection date P A Nrnl AO. ,Engineering Department f etion date,) THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED 'BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS, ... V i V Building Inspector �p �4 r � 24o_•r�3��, � L3L�G � r •-F�d. �x r s Lh • -Fred. i N -W E,5-FEiZ 70 Pe-.l3K. 2G 3 i'G. '71 S �lD ,4Pnc'.6ac.. n.Io. /972-62 b �� -----�m ti Vk �= � r � DISTANCE AS CERTIFIED I HEREBY CERTIFY THAT THE BUILDING / 1H 0f SITE PLAN SHOWN ON THIS PLAN IS LOCATED ON THE p� Mq �s, L�i OFF M�pLE E ET' GROUND AS SHOWN HEREON&THAT IT 2Es �1� LOCUS: CONFORM TO THE ZONINGG BY LAWS OF THE �AMtS� `�.; TOWN OF �ARt�1Si caf3L-� DATE �� 19$0 "' E!24U N REF Plan �ocal� Z�3 �ctG�e rl/o. �G : down cope ea. ineeri�a� ` OfST� G' PREPARED FOR: �cN� IL\/'I UTow ICZ C!V!L ENGINEERS -A 1 LAND SURVEYORS — ———— REG. LAND SURVEYOR (1"w,'�� z 20 i9$D Yarmouth&Orleans,MA SCALE D TE / d._ A ss4s map •and lot number .. ........ .......... Q�OF THE Sewage Permit number 7 SEPTIC SYSTEM MUST 8 INSTALLED IN COMPLIAN BAHB4TAXE, i House number ✓................ ,5.......................................... WITH TITLE 5 9�o r639 56 A _ EIWIRONMENTAL COD a OR TOWN OF BARNg"vftqEno 00 Ns , BUILDING INSPECTOR APPLICATION FOR PERMIT TO CoNST�2U CT NDM E ...................... ...............................................................�................. TYPE OF CONSTRUCTION ...........W 120!,/.............:..............................................:............................................ ........(T !N.r.....� ...............19. . TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location .... -oT...... ....... .M. ......ST:.. ..... .,.. > 1. .T. �- .....:�N ....��.T...... .... ProposedUse ...... ...................................................................................................................................... Zoning District ................ ...........................................Fire District Name of Owner . Cf1Y..t..t. ANaY....N)KVTW.!!';.Address 1(5 .....).Z- .�.7.1 f... STo!VS...1!��� s Nameof Builder ....}..�...........5. i. E..a................................Address .......................................................n......./�................... .,Name of Architect ..�!1���.....CTQ.�/��,��..�...)N� !.....Address ...&�� J)....:....N.�-�.......t!&& ;,5A !R .. I Number of Rooms ................... .!.X......................................Foundation ...... ©{J��e 1� tV.�P1T........ .. . ................. Exterior ...C D PI....5iiIII.Qr Lr ..A! Y.. Q `✓..Roofing ........ASPHAt.7........................... . .................... l 111�,,�1.(�0�� .............................Interior .....: lufi.�i�&AkD..Floors Heating ........ .. . ........ . .................. .......PlumbingQ ................ ............ ........................................................... Fireplace O.NIIEF...................................................Approximate Cost ........... �O ���. 0� ...... .¢............................. ............. Definitive Pla Approved by Planning Board __________ _ ; 19 Area /.. .... ................. Diagram of Lot d Building with ,Dimensions Fee 'l ............................�!.............. SUBJECT TO APPRO OF B RD OF HEALTH jo I hereby agree to conform to all the Rules and Regulations of the Town.of Barnstable regarding the above construction. Name .. ......... ........................ ........ Mikut6wicz, John & Nancy No ....2.999 Permi--for ...........two story 1........ i single ftLmil dwelling................. d W�:L .................. ....... ........ ......... P- rl- ........... ...................... Location ......... t West Barnstable ..................................................... Owner ....John...&...N.an�y..Mik t ........... Type of Construction ...........frAMQ.................... .............................................................................. Plot ............................ Lot ................................ Permit Granted .... February 21....................................19 80 Date of Inspection ..................................:19 Date Copleted/ 19 PERMI REFUSED 9 3M .......... ............................................... ............................................................... ................................................ Approved ................................................ 19 ............................................................................... . ...............................................................................