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HomeMy WebLinkAbout0245 WILLOW STREET i i Oxford® NO. 152113 ORA MAW w U" ESSEITE l0�if� G �C 1 t. r ���l�Z l 1 _�. , _ � .. s ..., -., .. .. ,.�... ._, .._ P� Ifil�� . . ._ �. ,.. _.. .... .. ,..- a Town of Barnstable *Peraeit#/ �9d r 43 RANYMA MAM" Regulatory Services Fee a �� �%e Thomas F.GeUer,Director Biding]Division Tom Perry, Building Commissioner 'A. Office: 200 Main Street Hyannis,MA 02601 W 548-862-4438 Fax. 508-790-6230" 0" EXPRESS.PERMIT APPLICATION - RESIYI1ENTL4,L ONLY Not Valid wlthout lte f X Dress Imp Vap/parcel Number Property Address - 9,9 5 LQ I k j,0k0 S—\ t',yE( 4JES I P A Kl\) aResidential Value of Work C R q V Minimum fee of-S25.00 for work under 56000A0 Dwner's Name&Address_ k RI ST 1 ILL �,Q;( JJSO Imo) q 9, Cili�tJ UL ST2, �os:F Q I A o kj I(; Contractor's Naaae ti �r . -�,-() ,), ���,. Tel hone Number0 1' � Rome Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) ]Worlmoaa's Compensation Insurance Check one: i ElIamtheHomeowner -PRESS PERMIT M I have Worker's Compensation Insurance hanz we Company Name A 01/! P.'P-0 c APR 2 4"2009 Workman's cdmp.Policy# lf�CA 0�-12 4b, TOWN OF BARNSTABLE . �opy of Insurance Compliance Certificate must be on face. 'ermit Request(check box) . ❑ Re-zoof(stripping old shingles) All construction debris will betaken to ®Re-roof(not stripping, .Going over existing layers ofroof) [] Re-side �.Replacement Windows. U-Value 0,`b (m wemunn.44) 'Where required: Issuance of e&permit does not exempt compliance with other town department regulatua�s,i.e Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. Home Impro actors Li a is required.ont 7 pent ignature !:Fon=:expmtrg evise063004 f Date: 6/18/2008 Time: 10:51 AM To: to 9,15084261196 Page: 002 r Client#: 646400 2NORRISEB ACORD, CERTIFICATE OF LIABILITY INSURANCET06118/08 IYYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dowling&O'Neil Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Agency ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 973 lyanough Rd., PO Box 1990 Hyannis, MA 02601 INSURERS AFFORDING COVERAGE NAIC 4' INSURED INSURER& Acadia Insurance E. B. Norris&Son., Inc. INSURERS. 138 Osterville West Barnstable Road INSURERC' OStervllle, MA 02655 111SURERD: INSURER.E: COVERAGES THE POLICIES 0=INSURANCE LISTED BELOW:-1AVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERfA OR CONDITION OF ANY CONTRACT OR OTHER DOCUMIENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR I,/.AY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIVITS SHOWN M:AY iAVE BEEN REDUCED BY PAID CLAIMS. i TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE I POLICY EXPIRATION LIMBS LTR LSR DATE MMIDD/YY DATE rnrnro°m A GENERAL LIABILITY CPA005234519 05/03/08 05103/09 EACH OCCURRE14CE S11000 000 X COAAANERGIHL GENERAL LIABILITY FRE 1 EEO!REot.,,, ncsi $250.000 CLAIANS N-IADE a OCCUR, MED EXP(Any one person) S5 000 PERS014A.L&ADV INJURY S1,000,000 GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE L&ET APPLIES PER: PRODUCTS-COA•1F/OP AGG 52,000,000 PRO- POLICY LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LllvtiT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY 114JURY S SCHEDULEDAUTOS (Per person) HRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accidenl) S PROPERTY DAMAGE S (Per ccident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S AI4Y AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIJS MADE AGGREGATE S S DEDUCTIBLE S RETENTION S S A WORKERS COMPENSATION AND WCA021246411 05/03/08 05/03109 X '*C TA'U OTR EMPLOYERS'LIABILITY E.L.EACH ACCIDENT S500,000 ANY PROPRIETORIPARTNEPJEXECUTNE OFFICEP A RABEP,EXCLUDED? NO E.L.DISEASE-EA.EIAPLOYEE S500,000 If es,describe under SPECIAL PROVISIONS belmn E.L.DISEASE-POLICY 1_11,41T $500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Insurance coverage is limited to the terms, conditions,exclusions,other limitations and endorsements. Nothing contained in the certificate of insurance shall be deemed to have altered,waived, or extended the coverage provided by the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Town of Barnstable DATE THEREOF,THE ISSUING INSURER.WILL ENDEAVOR TO MAIL 10_ DAYS WRITTEN 200 Main Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Hyannis, MA 02601 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08)1 of 2 #52449 LS1 G ACORD CORPORATION 1988 r ; e i I fie 1°or�;:� i �✓t�a�ivael�a Board of Building Regulatio sand Standards License or registration valid for individul use only i HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: Registration: 102014 Board of Building Regulations and Standards Expiration: One Ashburton Place Rm 1301 „p _ 6/30/2010 Tr# 268470 Boston,Ma.02108 a;�_aType:;Private Corporation ERNEST B. NORRIS.A'SON INC z Craig Ashworth 138 Osterville W.l3amstable rd•: Osterville, MA 02655 Administrator Not valid without signature i i 4 ` � • ./llP. TOQ9lt�/2002CCP�LLUL O�✓!/G!.G9G2Cl7fCdBCCd Board of Building Regulations and Standards Construction Supervisor License a� License CS 15851 . Birthdate �9/,28/1953 =r A Expi ration: 9/28/2009 Tr# 2366 ;Res$iction`7M0 t ' -CRAIG N ASHWORTN !•' j 985 SEA STREET i HYANNIS,MA 02601 Commissioner i i is :• . Town of Barnstable ; Regulatory Services ,�r�sr,►ss,� v UAS& $, Thomas F.Geiler,Uirertor i Ba ilding Division Tom Perry,Building Comnds_sioner -- . 200.Main Street,Hyannis,MA 02601 www.town.barnstable,ma.us . Office:. 508-8624038 Fax: 508-790-6230 } Property Owner Must Complete and Sign This Section If Using A Builder �PI QS W�CJC_ J&�14 S Q n ,as der of the subject property All 1 hereby authorize E K NEST 0. #J 6 V-Q,,�2 $1 �?QQ r _ G, to act do my behalf, j in all matters relative to-work authorized by this bu lding permit application for.• 6' W f 4 QUJ SM i 1J. 5APWSiAP,5LC (.Address 4 Job) Q 4n4at!"olr=er KZ K FR IESWICK DS) N SO Al Print Name If Property Owner is applying for permit please complete.the Homeowners License Exemption Form on the reverse side. Q:FORMS:OWNERPERMISSION e, Barnstable Old Kings Highway Historic District Coriginittee 200 Main StreetDAPNVASL& ,Hyannis,MA 02601,TEL: 508-862-4787 Fax 508-862-478' W APPLICATION, CERTIFICATE OF APPROPRIATE S Application is hereby made,with four(4)complete sets,for the issuance of a Certificate of Appropriateness under Section 6 of Chapter74,Acts,and.Resolv..es of Massachusetts, 1973,for proposed work as described below and on plans,dryings,or photographs accompanying this application for. Check all categories that apply; l. .Building construction. ❑ New ❑ Addition Alteration 2. e of Building: House ❑ Garage/barn ❑ Shed ❑ Commercial ❑ Other Wlito�au .ea'f�'ilar' i 3. Exterior Pain ' .roof ❑ new roof ❑ color/material change,of trim,siding,window,door b& 4.- Sim : d(- ❑ New Sign ❑ Existing Sign ❑ Repainting Existing Sign W 11 k- 5. Structure: W� ❑ Fence ❑ Wall ❑ Flagpole ❑ Retaining wall ❑ tennis court ❑ Other 6. Pool 916 ❑ swimming ❑ Other man-made pool Type or Print Legibly: Date: Address of proposed work: (louse# Street: W I W Vf �4y,. Village W,SAP-P[S'rA 6, - Assessors Map Lot# Description of proposed work: Give particulars of work to be done: KL D j tXAL T H lly"0 yV Agent or Contractor(pr t): 90P-P-QS - s0N 1 1 1w,Telephone#: �fi6 ' Address: fti VS(n—W, "my gfkbit , OS�✓�C (.� E I Contractor/Agent'signature: NOTE All applications must he s' ned by the current owner Owner(print): RO SIN SON Telephone Owners mailing address: Ud Owner's signature: For committee n e only. This Certificate is he A,PP /DENIED —Il ((�� (� DateA Members signatures O� E C E 0 W 2 j} ! 11 mAR 1 9 2009 u c 1i Any conditions of approval: —HiJIL. J f"-+4 -d 1 Q:iGMD•Groups101d Kings Highu+aylOKHA'ewApplOKH Cert Appropriateness OT.doe Town of Barnstable Old King's Highway Regional Historic District Committee CERTIFICATE OF APPROPRIATENESS SPEC SHEET Please submit 4 Copies Foundation Type: (Max. 18"exposed)(material -brick/cement, other) Siding Type material: Color: Chimney Material: (J Color: Roof Material: (make&style) Color: Trim material 1 M(/-- --F XT - CA SI 7-0 M Color: W/4 / Roof Pitch: (7/12 minimum) (J�q Window: (make/model) (l( EN material WP6 b--(LA Q �`�r color W H l (K Size(s): tV /`1 eMW FS XI SW16 -- MOD CXtSJ/JV6. �tO116H D?CN//VG - Door style and make: /�/ material Color: Garage Door, Style I y j Size Material Color Shutter Type/Material: Color: Gutter Type/Material: WIA Color: Decks: material N / t4 Size Color: Skylight,type/make/model/: N material Color: Size: Sign size: �1 Type/Matenals: Color: Fence Type(max 6' ) Style 9/1*31' material: Color: / r Retaining wall: Material: 0 cue Lighting, freestanding on building illuminating sign pQ� � Please provide samples of paint colors and manufacturers brochure of style of windows,doors,garde' fences,lamp posts etc ADDITIONAL INFORMATION: !��1� I-`� 1 n III II I� I aug ►Umv OF BA'9NSTR3 E ,/ H1gTnp4� Signed: (plan preparer)/Y� ?CJA(5/ /jM print name l/ tel.no. 5PR` Y ZX_ /!61' Location of applica on: Street no. Street W1G1,pu✓ Village Ai2/1/STyr9/� t' 2 Q:I GMD-Groups101d Kings HighwaylOKH New AppIOKH Cert Appropriateness 07.doc I p o`t� •��. TOWN OF BARNSTABLE _ BUILDING DEPARTMENT RAN IT TOWN OFFICE BUILDING � rua 9 t659' \� HYANNIS, MASS. 02601 �0 010 M ' l MEMO TO: Town Clerk FROM: Building Department DATE: An Occupancy Permit has been issued 'for the building authorized by Building Permit ................................................_ issued to ..._.. ...... //j�IGI/l%r'�t?!� ...�. _...._...._...._..._�...__ _. __ Please release the performance bond. 3 'TOWN F BARNSTABLE; MASSACHUSETTS B U I L D I N PER 1 DATE 19 PERMIT NO.TeQ 3344..E APPLI ANT - •. ADDRESS i !` '..r..l:-i: •i.` I :a4 0 Q 3 i l)1 .._.._ INO.) (STREET) (CONTR'S"LICENSE.) NUMBERt -HERMIT TO ;��.•'� .. .'�i...•;•!� : - DWELLING OF ��('_) STORY _ DWEL.LING UNITS . (TYPE OF IMPROVEMENT) NO. (,PROPOSED USE) ZONING ' r DIISTR C ( AT (LOCATION) ..�, .. , h .... .. .. -: :. :'.1: L T is (NO.) (STREET) — BETWEEN AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION LOT—BLOCK—SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BY r FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTI( 4' .. TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: .t`•` L.� AREA OR •� - , ( PERMIT �`i 6, C,r: VOLUME a ESTIMATED COST $ % .!�) i) � 0:+ FEE (CUBIC/SQUARE FEET) . OWNER ADDRESS BBVILDING DE PT. ---r xuiH srz L I CA;. psi i n wty c rta OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. r°t�rrrcl MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PERMITS ARE REQUIRED FORELECTRICAL, PLUMBING AND 1. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS. 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL MINAL INSPECTION TI TO LATHE FINAL INSPECTION HAS BEEN MADE. 3. FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 f sP riaL 3 HEATING INSPECTION APPROVALS E GINE RING DEPARTMENT OTHER 2 BOARD OF HEALTH WORK SHALL NOT PROCEED UNTIL THE INSPEC- PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD CAN TOR HAS APPROVED THE VARIODUS STAGES OF WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE ARRANGED FOR BY TELEPHONE OR WRITT CONSTRUCTION. PERMIT IS ISSUED AS NOTED ABOVE. NOTIFICATION. r ins d S ?Xi5��NG S�/,I/ M Foun�p�7�o�J a �Q y 40 CERTIFIED PLOT PLAN LDCATION taN eva SCALE . t. . :. �. . . DATEo k !' k i V PLAN REFERENCE <4�"iirvG ,.C.9v cam, L}.. 1 CERTIFY THAT THE �!?! ,f..�v?/PTiq / Ire"'9`` �a SHOWN ON THIS PLAN IS LOCATED ON THE GROUND SLY S SHOWN HEREON AND THAT IT CONFORMS TO THE SETBACK RECUIREMENTS OF THE TOWN OF 5}e 'pFciSTER``gr Q/gTzwSTi9RG WHEN CONSTRUCTED. I � L LA���J� DATE REGISTERED LAND SURVEYOR >/LT` �/�//- 2� /i 'f9'1'�%v`-- ET/Tio�✓�.-`:. Assessor's office (1st floor): ^ THE To Assessor's map and lot number .R.....1-a�............O..a.�,,�t,,,�___ Son7nC SYSTRA MUST Board of Health (3rd floor): 1`1STALLED IN OOMPLIA �• Sewage Permit number ......Y...Ir..... ,..... 1'H TITLE 5 t gASd9TODLL, .. Engineering Department (3rd floor): oZ s��• .y E %"1/' �NMENTAL CODE rb 9. •� '. House number ........................................................................ eOi�'�N RE�aI�LA'i•ION a. 11 0vo Definitive Plan Approved by Planning Board ________________________________1Y-------- . APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00.2:00 P.M. only p P P R O V ETOWN OF BARNSTABLE NT to C reservation Coma ss ILDING INSPECTOR Si ne PPLICATION FOIQMIT TO .... ? !J.....!p►....... .�t �...2c. r' !�' ..��!�! 14,., ,.` �• TYPE OF CONSTRUCTION ............` . .d►Qa�t'VL.... .. :.................................................................. <<'.IA ...................19.7p.� TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ...0� ' 12 �� W..................n..-.......................... ?.ST..�................ �4 ►..W.-A R.................................................................. ProposedUse ..... ....................................................................................................................................... Zoning District ......q,,F.......................................................Fire District .. .....S'��Dinkt.. . 1" . Name of Owner .. 4�LT?.�.U1,��-4Irr-?L?...................Address ........ - AQU ............... y_. Name of Builder ... .....................Address ...LIS...�S.AA--,-/...�AWC..j..I(1AWQk.S Name of Architect ... 'A Address ..... .�.......QST�RJVu�Jt..�....................... Number of Rooms .........'b...................................................Foundation ....�043 ...�.O. R� . . ............................. i [ � Exterior .....5 1:� `!�................... ......................................Roofing ......P-(�.C�....�,Q,JA!.. . �{. 1 Floors .......WQ .................................................................Interior ......P .ST-P. .......................................................... Heating •..N ......a.�. .............................................Plumbing ...... .. .Z... la" .j................................................ 4 Fireplace .... As.SC>',t' �1.....................................................Approximate Cost ........ " �aQt� Area Q. ....... 0� 46 ..... Diagram of Lot and Building with Dimensions Fee .. ...�O�O, �� ..................... 4M OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to-conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. * Name ............ Construction Supervisor's License .....Q.Q. 2SI.......... UNGERMAN, WALTER 0 No`...3.3446. Permit for Build .Dw.e.11ing/Barn & Garage =� nle Family`.Dwealing Location ..Lot #22, d 245 Willow. . . . ...Street. e .....'. .. . .. .. .. ... W. Barnstable r �y ..................................... .................... Owner ....Walter Utgerman y ... .Frame .�..�................... Type of Construction .................. ..:,..................... .......................................... . ........ ....................... Plot ............................ Lot ................................ ' Y Permit Granted ......January...g.i .......19 90 Date of Inspection �� .............19 Dote omplet d . .......19 .g, rf$sFiYy,'� i 7]'tto�'4'...1:e�F:�ials�-r� �:�`.wt�7�+1�� r�i ��s.�'�1�++3f.i4�,f•,�••"f;�.'�7;'��`j$91���,u�},�s�to:'�'s#_�:16f�"�7�"'.a,.«..a�:v.....�v.wA_rxsro...-vw.�•�; sess s office-'(I ' o ) 'r T a Assessor's map. and►lot number ..........1.3f.:......... Board of Health.(3rd floor): WQ o Sewage' Permit number .....4........77.x �.... ..... L �•. ! :,11,11D& Engineering Department (3rd floor): -- Fes• oo 1,639• 0m� .House number - ` Definitive Plan Approved by Planning Board '`____________________ _________19-------- . APPLICATIONS PROCESSED 8:30-9:30 A.M. -and,.,1:00+'2:00 P.M. only, Lx� TOWN 'OF BARNSTABLE 7 r• �� o �BUKDING INSPECTOR ; oAPPLICATION FOR PERMIT TO ' �� ✓J.....!G?�.......t �^-`� �-�''1 U TYPE OF CONSTRUCTION ...................... ......... .............................. .. . TO THE INSPECTOR OF BUILDINGS: r The undersigned hereby applies for a permit according to the following information: Location !--UT . 2L. '> Proposed Use ..... .�S•� bL........................................................................................................................................................................ Zoning District ...... -- t"•............................. .......................Fire District' .... �Sr.. �2v..s� ! �x }...{ ............... ............. Name of Owner ..................1..\J.... ..-4, Y IA..................`....Address .................�T................... �. .... .............. ~cai (7ih -:Name of Builder ...�................ T-. .E .....................Address ... �... .) pti ... ►-? .}..�� SAI l4?�..�............. n 1 R; uNome of Architect ..1�,2s,, :��n!?.�'J...,`?�\� .. �.j..Address ....9PrL✓-A ..`-A......OS�>D A 7L......................... Nuf Rooms ........� ...................................................Foundation ..poor- .-A...G f?.!-?4�?,- ................. .mber o 0 i n �Exrr-�....SA) .� ...Roofing ......Q-e—. .............................................. Floo's .......WOPP................... ......Interior .................:............................. r Heating � Plumbing �t ...............................`................/ Fireplace ... . ........ :.........................................Approximate Cost ......... 5.0) r Area ,.L. ....../ .............. Diagram of Lot and Building with Dimensions Fee / D�Q.�. . 97 \ z. ell/ :r 1 �t - 1 w 1 I OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS - f I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding-the above" construction. , Name '--` .Construction Supervisor's License ..... ......... UNGERMAN, WALTER A=131-022 No ...............3446.. Permit for JF?.W.e.1--Ur1g/.BAk.n &- -;Gar'ag6"­' ' ........ ...Single Location ..Lot #22, 245 Willow Street ............................................................. West Barnstable ............................................................................... Owner . Walter Ungerman ... ..........I....... ....I.................................... Type of Construction ....Frame.......................... ............................................................................... Plot ............................ Lot ................................ Permit Granted ...January...qz...........19 90 Date of Inspection .....................................19 Date Completed ......................................19 d� � 13V4 '��9 'pSWCOMPLE0,111 A-to t' TOWN OF BARNSTABLE Permit No.. -G...... BUILDING DEPARTMENT TOWN OFFICE BUILDING Cash 7 Ma i67V• HYANNIS.MASS.02601 Bond .......V......... CERTIFICATE OF USE AND OCCUPANCY Issued to Walter Ungerman Address Lot #22, 245 Willow Street West Barnstable, MA USE GROUP FIRE GRADING OCCUPANCY LOAD 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 AND.IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. January..6............ 19...9.2.......... .............4. Building Inspector ti `J� '•.ew TOWN OF BARNSTABLE ! _ BUILDING DEPARTMENT j Sa8ifz a TOWN OFFICE BUILDING � ru 9 i°19• �� HYANNIS, MASS. 02601 MEMO TO: Town Clerk FROM: Building Department DATE: An Occupancy Permit has beeln! issued for the building authorized by BuildingPermit < ........_............ .........................................._ ...._..... _............. _ ._.... _...... issuedto ..._.. ... ..... ....._. �'? ��1?...._ ................................. ....... Please release the performance bond. BUILDING"'P TOWN 0PBARNSTABLE, MASSACHUSETTS• t Il M 1 T ' DATE+-• .�••� �] tS '' 19 •) PERMIT NON xAPPL.ANT tf yaa:! ADDRESS �n k7 aul 1 1�.►If „ I ,tl.nni; 4003,51 ' (NO.) (STREET) (CONTR'S LICENSE) PERMIT TO h STORY ul_.d ti,Er^/u.,ri,Ci��: �.7i � S ' NUMBER OF y a (_) 1,f1Cf1L' t +11,7],Z,J rl�+Uf'�_1]1fCTDWELI_ING UNITS (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) ZONING AT (LOCATION) "oc rj22 , 445 11j.1low Si-rLtut, 1`i DISTRICT— (NO.) (STREET) BETWEEN AND .. (CROSS STREET) (CROSS STREET) LOT SUBDIVISION LOT BLOCK SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: `JC-VJuCSI? #89-697 I r AREA OR VOLUME 5068 3cf.. ESTIMATED COST $ 350 .0M00 FEEMIT � Div t.)• r (CUBIC/SQUARE FEET) n OWNER Ti,yieZ2il,_Il BUILDING DEPT. . ADDRESS ': �..1.1:,t Li111t., l:A BY �/' 1// A � �= •' :.� " ,,,.. I ', �'-...�''�r"x.h'x�•�:•r•-'��.`.::.,`i.ror.:,.��,:. ;��e�:�i';�"p�""'`'t'""'�'..`�_ra•' '!�•+:°=a��Fft2 .TOWN.-OF BARNST:ABLE M'ASSACHUSETTS,, r f BUILDING PERMIT -A=1'3 022� y �' ( * ; DATE Jc 13L1Fk� V �$ "qb 19 � PERMIT NON t l APPL' ANT E.-lJ. J,' T.sl tiMC- ADDRESS -�S RO.s.[LTV Lanc, Hvannis - 0003251 . ,� �•�y j'-:...��-"-� ./ ` IN0.) (STREET) (CONTR'S LICtNS&) .. ( l' ti., .,wr" '' •� 7 NUMBER OF �.� PERMIT TO.I3b11.�.3A)L��r V l[:iEi i3Q(',^ f(�) STORY= Sincxle' �s�111 1V Dwe'11�.i�Q DWELLING UNITS '�••' - ' (TYPE40F IMPROVEMENT)- NO. (PROPOSED USE) AT (LOCATION) 1!6t. #22. 245• llillow St.reelt. W. Barnstable: ZONING CT RF (NO.) (STREET) BETWEEN AND • (CROSS STREET) (CROSS.'STREET) • ..1 - .LOT•. SUBDIVISION LOT BLOCK SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BY- F.T.!IN HEIGHT,AND SHALL CONFORM IN CONSTRUCTION f I ..s TO TYPE' USE GROUP BASEMENT WALLDFOUNDATION r, , � •^I (TYPE) REMARKS: Sewage #89-697 ` M Bond •j AREA ORE ft� ESTIMATED COST 350 i O00 00 FEE MIT 406. 55 VOLUME 506f3 ruQ• . (CUBIC/SQUARE FEET) OWNER yialter `"Ungerll an West Barnstable, RA BYILOING DEPT. ADDRESS / ! i � THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR S'I-DEWALK_O;R,�AN'Y-PART THEREOF. EITHER TEMPORARILY OR PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY N.O_-_T...SP£-C I'F1CAC'LY -PERIv11TTED:UNDE.R_.THE3BUILDING CODE, MUST BE AP- PROVED BY THE JURISDICTION. STR99j OR ALLEY GR-ADES-`AS+WELL"AS DEPTH AND LOCATION`OF.PUEIL=IC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE INSPECTIONS.REQUIRED FOR CARD KEPT POSTED UNTIL FINAL INSPECTION HAS,BEEN PERMITS ARE REQUIRED FOR ALL CONST,R UC TtION WORK. YJ _ _ _ _ ___ _ �� s,_Y:.;ELEC.T.RtCA.L, ,PLUMEIIN.G_4Nn_,,..,.,.��., I- FOUNDATIONS OR-FOOTINGS. MADE° WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECH ANICAL-INST AL'LATIONS.' 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTILI MINAL INSPECTION TI TO BEFORE FINAL INSPECTION HAS BEEN MADE. 3. FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET ' BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS L 3 HEATING INSPECTION APPROVALS ENGINE RING DEPARTMENT I L ` OTHER 2 BOARD OF HEALTH WORK SHALL NOT PROCEED UNTIL THE INSPEC- PERMIT 'N!L L BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD CAN BE TOR HAS APPROVED THE VARIODUS STAGES OF WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE ARRANGED FOR BY TELEPHONE OR WRITTEN CONSTRUCTION. I PERMIT IS ISSUED AS NOTED ABOVE. NOTIFICATION. I) 0 BUILDING PERMIT Application to 1 0°NS ESN SSE P'��H � °PE•N aP`Ea.. Old Kings Highway Regional Historic District Committee in the Town of Barnstable for a CERTIFICATE OF APPROPRIATENESS Application is hereby made, in triplicate, for the issuance of a Certificate of Appropriateness under Section 6 of Chapter 470, Acts and Resolves of Massachusetts, 1973, for proposed work as described below and on plans, drawings or photographs accompanying this application for: CHECK CATEGORIES THAT APPLY: 1. Exterior Building Construction: ® New Building ❑ Addition ❑ Alteration Indicate type of building: ® House ® Garage ❑ Commercial ® Other 2. Exterior Painting: 3. Signs or Billboards: ❑ New sigh. ❑ Existing sign ❑ Repainting existing sign 4. Structure: ❑ Fence ❑ Wall ❑ Flagpole ❑ Other (Please read other side for explanation and requirements). TYPE OR PRINT LEGIBLY .L7/ DATE S��'i• Z� /�1�' ADDRESS OF PROPOSED WOR �✓/1�4-6---✓ S77ZG-Z,1-7- kw ST, wS_ ASSESSORS AP NO. OWNER w�17�7� �'� ���G���O�it�N ASSESSO SLOT NO. 0Z- t: HOME ADDRESS —74 �NGs �i7ZG—�T j'ii �` �`'STl3-L3GG� TEL. NO 3G2-,3C38 FULL NAMES AND ADDRESSES OF ABUTTING OWNERS. Include name of adjacent pr perty owners across any public street or way. (Attach additional sheet if necessary). 5�2- 6-7�> AGENT OR CONTRACTOR G- ��'�/������ �'"� TEL. NO. 77P' -45; ADDRESS �`?7S/�}'�•� `"`�y���y'`��—S DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done (see No. 8, other side), including materials,,,to be used, if specifications do not accompany plans. In the case of signs, give locations of existing signs and proposed locatio�4 of,new signs. (Attach additional sheet, if necessary). Cv.vSi2vcT S:NGG� .�-Ai-ifLy Dw�z�i�rG 3/-�2ni .�-Na D�Ti-�c_�S/��D �'92�G� w�T�v C:-�.�✓✓�z D/z i v&-W, S C Zr S/TZ-- 131,c.., Signed vCQ wnei ontractorAgent Space below line for Committee use. APPRO G Received by H.D.C. OV Date E C Li � V The Certificat is h reby Date ld �6 �I Time Lad'I S 1989 BY 0 n KIMG'S HsCAMY e mil( Approved''""" ❑ IMPORTANT: If Certificate is approved,approval is subject to the 10 day appeal period provided in the Act. Disapproved Form "A-1'.' OLD KING'S HIGhWAY REGIONAL HISTORIC DISTRICT BA INST.kELr HISTORIC DISTRICT C0�-1ITTF7 — — . 367 MAIN STREET, HYANNIS, MA. 02601 Spac Sl-ieet Foundation Type v,2C-7) Siding Type CLf1��vf}/Z. Chimney Type k✓4-7Z-72 STJLGcIC 5.e C/C Color i Roof Material /�'�� C�a z s«i�yG�C� Color ^447-7--24'C— Pitch ��/iz ��¢,• v Si 7- Windows ScZ SN��-T `/f,.ST �Loa,2 �aR Sj� Size /vxio ivulz �vRia ioris- Trim Color/ Doors lZo�•T ��Tn<j 3r'�x M C a 1 o r Shutters Non/6— Gutters ¢� ��� 7-77Z-72_S Deck /Vbn/Gr f Garage Doors AI&7 /2E4->u&_ F/�A/G Color APPROVED OKHRHOC Noces: Fill out cc-muletely, inc?uding measu=e-ments and materials/colors to be used. w.o EeopZes of this for-r are required for submittal of an arplication, along R E C E T with t-wo copies each of the certified plot plan, landscape plan and elevation P1ljq 9 when applicable. OLD KI G'S HIGHWAY ABUTTERS LIST page 1 Ma= 13 Parcel - 11 Caleb and Patricia Warren 292 Maple St. West Barnstable , MA. 02668 Parcel - 20 S. Gordon Pickering Box 103 West Barnstable , MA. ' 02668 Parcel - 21 Betty J. Nydam 295 Willow St. West Barnstable , MA. 02668 �. Parcel - .23 James D. and Margaret Crocker Willow St. G West Barnstable , MA. 02668 Parcel - I' 40,41 ,42 Dianne Cyr P.O . Box 922 Sandwich, MA. 02563 Parcel - 43 James B. and Ann S. Craddock 128 Gemini Dr. West Barnstable , MA. 02668 Parcel 44 John and Marcia Weiss P.O . Box 1597 Springerville , AZ . 85938 Parcel - 45 Frederick and Sharon Clausen 40 Appolo Dr. West Barnstable , MA. 02668 Parcel - 46 Francis and Marion Napoli Appolo Dr. West Barnstable , MA. 02668 Parcel -47 Charles E. and Margaret Maynard P.O . Box 152 West Barnstable , MA. 02668 I Parcel 48 John R. and Geraldine A. Milo 23 Appolo Dr. West Barnstable , MA. 02668 Parcel - 49 Elaine L. Grace 8 Appolo Dr. West Barnstable , MA. 02668 Parcel - 57 Richard J. and Gail Gavazza Willow St. West Barnstable , MA. 02668 RECEIVED .OVED OCT 3 1989 OkHRH� � OLD KINGS HIGHWAY r ABUTTERS. LIST page 2 Map 132 Parcel 22 Robert and Katerine McCutcheon 146 Maple St. West Barnstable , MA. 02668 Parcel 23 Lempi M. Wiinikainen and Sally A. Syrjala P.O . Box 23 West Barnstable , MA. 02668 Parcel 24 Norma E. Phillips Box 19 Maple St. West Barnstable Parcel 25 Mary F. Phillips Box 495 West Barnstable , MA.. 02668 Parcel 46 Vitie G . and Helmi R. Viliesis 175 Maple St. West Barnstable , MA. 02668 Map 155 Parcel 5, 6, 7 Fred D. Conant Lombard Ave . West Barnstable Parcel 8 Lincoln and Karen Scott 218 Willow St. West Barnstable , MA. 02668 Parcel 9 Howard and Jeannine Marshall 10 West St. Middleboro , MA.. 02346 Parcel 10 John A. Petz C . Edward Jeffress West Barnstable , MA. 02668 Parcel 11 James A. and Mary L. Clancy Lombard Ave . West Barnstable , MA. 02668 APPROVED Parcel 42 Thomas 0 , and Abigail G . Menard OKHRHDC 119 Willow St. West Barnstable , MA. 02668 I j f;69 OLD KING'$ HIG'i WAY ABUTTERS LIST page 3 Map 156 Parcel 1 Ann Jablonski 113 Willow St. West Barnstable , MA.. 02668 Parcel 2 Alexander L. Theroux 69 Willow St. West Barnstable , MA. 02668 Parcel 5 Carol A. Consalvi P.O . Box 211 West Barnstable , MA.. 02668 Parcel 58 Thomas and Colleen P. Higham 231 Bearses Way Hyannis, MA.. 02601 ApC'R���D R E C 9 � � D OKHR"P- �;:,i 31989, a� n E(1f G'S H2XVIAN' /^� �� •� Sic ti 96 �' -- -.... 4C:S sy y M / LL POND w �/ dC-s 3� 06 •T r . ° i s o MIL POND '`7J a♦ . / /• �♦ wy►/' .. / / ! r / / / 1,..l.r / ° 22 G..�(..•�J - QA 69 1 r y Ir Ll to Or ��\ � ♦I O. .:dt Ac r� �• i ji•. - ;JJI I ,' t' / 9 5 S 4 13-7 Sl O LSI nC, w° • - O 9� P - l / t• 7 l / l / -/ ./ 5+� r V o° 1.49 nt. .. v. 1 yti dIJ^�• i lI )J=.� / �/ /�� � 15-d. o 1 ► •4a r`ao l ` f ! I r �J.> ``d') T DC-S 7.02 Y-5 O 7C eq9 i 0 '' Ii 6�tJ,) '�i of 3 " `• . .�� PP h TOWN OF BARNSTABLE Permit No. .334.46 ..� BUILDING DEPARTMENT 4 '�':- TOWN OFFICE BUILDING Cash 9'�ro,ur► HYANNIS.MASS.02601 Bond ......X..l CERTIFICATE OF USE AND OCCUPANCY Issued to Walter Ungerman Address Lot #22, 245 Willow Street West Barnstable, MA USE GROUP FIRE GRADING OCCUPANCY LOAD 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 AND.IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. January 6, � ' . Building Inspector r Town of Barnstable *Permit# Expires 6 months from issue date uu Regulatory Services Fee °AS& Thomas F.Geiler,Director ►+�'' Building Division Tom Perry,CBO, Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma_us Office: 508-8624038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION RESIDENTIAL ONLY \ / Not Valid without Red X-Press Imprint 1f( 0r� ��- Map/parcel Number Property Address a r7(o;�Q3 �]Residential Value of Wor NVlinimum fee of$25.00 for work under$6000.00 Owner's Name&Address IDA W r Contractor's Name bk (Q U)a ILZ. 00 Telephone Number6A.3 336 5,5 Home Improvement Contractor License#(if applicable)) iA Xl ld - Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance X-PRESS P�RI�1RM' 1 Check one: ❑ I am a sole proprietor SEP o s 2�06 Yam the Homeowner have Worker's Compensation Insurance TOWN OF B Insurance Company Name ( Iw -m j ARNSTABLE x Worknian's Comp.Policy#—uZt y J/ t Copy of Insurance Compliance Certificate must be on file. Permit Request(check box) [� Re-roof(stripping old shingles) All construction debris will be taken t <Ik ❑Re-roof(not stripping. Going over existing layers of roof)- ❑ Re-side ❑ Replacement Windows. U-Value (maximum.44) '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. Home prow a Contractors License is required. SIGNATURE: Fo ex mtrl0• L 1 ���( Q: rips: P g Revise071405 ` WALKER AND COMPANY, INC. September 5,2006 Town of Barnstable, Building Division attn: Ernestine Ring 200 Main Street Hyannis,MA 62601 Dear Ernestine, Enclosed please find the following documents needed to obtain an express building permit for re-roofing work on the residence of Walter Ungermann: • Check for$1,133:17 • Town of Barnstable express permit application • Commonwealth of Massachusetts Workers' Compensation Insurance Affidavit • Applicable certificates of liability insurance • Copy of original roofing contract between Walter Ungermann and Walker and Company Roofing Thank you very much for your assistance. Cordially, Susan Walker William G. Walker&Company, Inc. /s Enclosures Post Office Box 47 Phone:603.336.5539 759 Brattleboro Road,Hinsdale,NH 0345JL Fax: 603.336.7058 www.tinroofers.co.m t J � i I'ECENED > WILLIAM G. WALKER& COMPANY, INC. Post Office Box 47 U VQ Q Hinsdale, New Hampshire 03451 Phone: 603-336-5539 Fax: 603-336-7058 E-mail: Tinmen_26@hotmail.com www.walkerandcompanyroofing.com ROOFING CONTRACT This Agreement made this day of �l� , Two Thousand Six Between the Owner: Walter U german 4 245 Willow Street, Box 181 W. Barnstable, MA 02668 And the Contractor: William G. Walker&Company, Inc. aka Walker&Company Roofing 759 Brattleboro Rd., P.O. Box 47 Hinsdale, NH 03451-0047 H.I.C. # 130327 Exp. 2/18/08 For the following project at: 245 Willow Street,W. Barnstable, MA RE: Standing Seam Metal Roofing — Coil fabricated, 20 oz, Revere, Freedom Gray Copper, 21"wide panel, 1"high seam profile, double lock mechanical seam system applied with matching drip edge, ridge cap and applicable flashings and components. Scope of Work: • Remove existing cedar shingles and dispose of debris in on-site dumpster (Dumpster will be provided by Waste Management) Install 11/2"custom, faced drip edge around perimeter of roof(Drip edge will be hemmed with a 1/2"water kicker installed) Install Typar Roof Wrap-3o roofing underlayment over existing subroof • Install custom;rigid flat lock ridge cap on ridges • Install 21"wide, Revere Freedom Gray standing seam metal roofing Flash one chimney Flash two bathroom vent pipes Flash three cupolas • Install Revere Freedom Gray standing seam metal roofing on cupolas • Re-mount lightning rods • Install Revere Freedom Gray standing seam metal roofing on all bumpout roofs • Install rainwater diverters in existing locations r i , 1 All fastening of panels will be done with stainless steel (concealed) pancake head screws and copper expansion clips to ensure maximum wind uplift protection: All roofing panels are custom fabricated on-site with a coil roll former to achieve one continuous length panel from ridge to eve. Drip edge and ridge cap are custom (shop) fabricated to meet the specifications for this job. 1. Contractor's Obligations: William G. Walker&Company, Inc. (the "Contractor") agrees to fully execute the Scope of Work described in this Agreement. The contractor agrees to work expeditiously to complete the project and shall achieve substantial completion of the Scope of Work not later than October 30, 20o6 which date may be extended by events beyond the control of the Contractor including,without limitation, weather related delays. All work is to be performed in a workmanlike manner in substantial accordance with the above Scope of Work. Contractor states that he is registered with the Commonwealth of Massachusetts as a Home Improvement Contractor. Any inquiries relating to this registration shall be directed to: Home Improvement Contractor Registration, One Ashburton Place, Room 1301, Boston, MA 021o8. The Owner may order changes in the Scope of Work, and the Contract price and time may be adjusted accordingly. All such changes will be authorized by written change order. 2. Commencement Date: The date of commencement of the project shall be September 11, 2oo6, although the parties acknowledge that this date may be changed or extended due to events beyond their control including, without limitation,weather related delays. 3. Payment: In exchange for the Contractor's agreement to furnish labor, equipment, and materia as well as app able licensing and insurance necessary to complete t e above-describe Scope of Work, the Owner agrees to pay the surd o $276,383.00 (Tw hundred seventy-six thousand three hundred eighty- dollars and n /cents). Owner agrees to provide payment under th ng terms: $75,000.00 (Seventy-five thousand dollars and no/cents) at the signing of this contract, $132,300.00 (One hundred thirty-two thousand three hundred dollars and no/cents)upon receipt of materials, $23,027.00 (Twenty-three thousand twenty-seven dollars and no/cents) at the start of the project, $23,028.00 (Twenty-three thousand twenty-eight dollars and no/cents) when the project is half completed and $23,028.00 (Twenty-three thousand twenty-eight dollars and no/cents) upon completion of the project. Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate of three percent(3%) per month. All payments shall be due and payable as stated above unless otherwise agreed upon in writing. The Contractor reserves the right to charge $50.00 for any returned checks. In addition, if Owner defaults on its payment obligations under this contract and Contractor has to begin collection activities, Owner agrees that, in addition to paying any outstanding balance and associated interest charges, Owner will also pay all collection costs, including attorney's fees,that Contractor incurs in collecting this debt. If any payment is not received when due,the Contractor reserves the right to discontinue work until the payment is received. The Contractor shall have no liability for any resulting delay in the date of substantial completion of the project. The making of the final payment shall constitute a waiver of all claims by the Owner except those arising under the Warranty, or the failure of the project to comply with the Scope of Work. The Owner is responsible for obtaining and posting any and all permits necessary to perform this work. Permit fees are the responsibility of the Owner. No work will be started without the proper permit. 4. Warranty: Warranties will be issued when the Contract work is complete and payment in full is received, contains the only warranty or guarantee the Contractor will issue for this Contract. There are no other guarantees or warranties, express or implied, including any warranties of merchantability or fitness of purpose. The Contractor shall not be liable for any consequential or indirect damages or loss, such as damage to contents or furnishings of any building, of any kind whatsoever. 5. Auvlicable Law: This Contract shall be interpreted and enforced in accordance with laws of the State of Massachusetts. Any disputes that arise under this Contract shall be subject to the jurisdiction of the State.of Massachusetts. 6. Entire Agreement: This Contract represents the entire and integrated agreement between the parties hereto, and supersedes any and all prior negotiations, representations, and agreement, either written or oral. OWNER CONTRACTOR: Walter Ungermann William G. Walker&Company, Inc. BY: Walter Unger ann BY: Susan Walker,Agent This contract is for the job described above. Any additional work pertaining to this project will be agreed to in writing. It does not include additional labor and materials which may be required should unforeseen problems arise during the course of the project. Because of inconsistencies in the alloys and the galvanizing process,the light gauge metals used to rollform architectural panels and the uneven substrates over which these panels are applied,the industry has accepted a certain amount of waviness,or oil canning, evident on longer panels,particularly when sunlight hits them at certain times of the day. This shall not be construed as a product defect and shall not be cause for rejection. r+ The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Q nt N31Tle (Businness/�O,rgnaniza'ttion/Individua�ly): n, b � d Ni dress: ` 0 eQ X `t q . 1 J 16ra�Ie_b01 Ad � (d n-Wu le A)1 03V6 I City/State/Zip: Phone#:,(a 335s3 Are you an employer?Check the appropriate box: 'Type of project(required): 1.J I am a employer with 1 4. ❑ 1 am a general contractor and I 6. ❑New construction employees(full and/or part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 1 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 10.❑ Electrical repairs or additions 3.❑ I am a homeowner doing all work right of exemption per MGL 11.❑Plumbing repairs or additions myself. [No workers' comp. c. 152, §1(4),and we have no 12V. Roof repairs insurance required.] t employees. [No workers' 13.❑Other comp. insurance required.] •Any applicant that checks box##1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. J Insurance Company Name: ► l Policy#or Self-ins. Lic.#: 'l Expiration Dater C� Job Site Address: (�i 7� l�tJ} I iocv�f ITV. &IU3*161L I 1 ACity/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of.the DIA for insurance coverage verification. I do hereby c ' under th a s and penalties ofpe��rjury that the information provided above is true and correct AIA6Si nature: I/VGvi(il/Ll Date: Phone#: (,��_� S53 , Official use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: • r'J ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(M MIDDIYYYY) o9/z1/os PRODUCER 1-617-723-7775 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hays Companies of New England ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 133 Federal Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 3rd Floor Boston, MA 02110 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:Liberty Mutual WILLIAM G. WALKER & COMPANY INC. INSURER B:AIM PO Box 47 INSURER C: 759 Brattleboro Rd. Hinsdale, NH 03451 INSURERD: INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR OD' POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS LTR D M GENERAL LIABILITY EACH OCCURRENCE $ DAMAGEO. D COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence $ CLAIMS MADE OCCUR MED,EXP(Anyoneperson) $ PERSONAL&ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Perperson) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND WC5 31S 348303-175 09/21/05 09/21/06 X WC STATU- OTH- TORY LIMITS ER EMPLOYE RS'LIABILITY 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVEX INC E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EXCL _ E.L.DISEASE-EA EMPLOYEE $1,000,000 Ryyes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 OTHER Workers Compensation 701368301-2005 08/12/05 08/12/06 Each Accident 1,000,000 B *Statutory Limits D/Each Employee .1,000,000 D/Policy Limit 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS ' Residential/Commercial roofing fabrication and installation See Attached Addendum CERTIFICATE HOLDER CANCELLATION*10 days for non payment of premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Massachusetts Department of Labor. DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 10 Park Plaza IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Suite 5170 REPRESENTATIVES. Boston, MA 02116 AUTHORIZED REPRESENTATIVE USA4"i// '� ACORD 25(2001/08)hayscompanies ©ACORD CORPORATION 1988 3411834 Powered ByCertificatesNOwTA1 ` ��. lk ADDENDUM This policy covers those employees leased by Insured Client Company Name through Surge Resources, Inc.., Londonderry,NH 03053. A"CORD CERTIFICATE OF LIABILITY INSURANCE OP ID D DATE(MM/DD/YYYY) WILL-12 07 18 06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kinney Pike/Hartford ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Junction Market Place HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 101,1 North Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. White River Junction VT 05001 Phone: 802-295-3329 Fax:802-296-6126 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Acadia Insurance 31325 William G. Walker & Co, Inc. INSURER B: -- 759 Brattleboro Road INSURERC: PO BOX 47 INSURERD: Hinsdale NH 03451-0047 INSURER E: COVERAGES THE POLICIES OFJNSURANCE 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -- LTR NSR POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 _ A X COMMERCIAL GENERAL LIABILITY CPA180057214 07/15/06 07/15/07 PREMISES((EERaoEccNIurence) $250000 CLAIMS MADE a OCCUR MED EXP(Any one person) $5000 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 OO 00 0 0 POLICY PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 A ANY AUTO CAA180057315 07/15/06 07/15/07 (Ea accident) ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS I(Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TWC LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ tf yes,describe under — SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER A Property Section � CPA180057214 CPA180057214 07/15/06 07/15/07 A E i went Floater 07/15/06 07/15/07 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION COMMMMAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION The Commonwealth of DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Massachusetts - Dept of NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Industrial Accidents 600 Washington Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Boston MA 02111 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Adam Osha ACORD 25(2001/08) ACORD CORPORATION 1988 = —s e Board of Building Regula Ions and Standards One Ashburton Place - Room 1301 Boston. Massachusetts 021.08 Home. Improvement Contractor Registration Registration: 130327 Type: Private Corporation Expiration: 2/18/2008 WILLIAM G. WALKER & COMPANY INC WILLIAM WALKER P. O. BOX 47 HINSDALE, NH 03451 " Update Address and return card.Mark reason for change. DPS-CA1 0 50'nn-04i05-PC869e Ej Address Repewal Employment 0 Lost Card e/7�C TOO�IJYlYG097.Cl/6CLGU2- /ULCl4:flGC1ZU0�Ld Board of Building Regulations and Standards License or registration valid for individul use only HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: Registration: 130327 Board of Building Regulations and Standards One Ashburton Place Rm 1301 Expiration: 2/18/2008 Boston, Ma.02108 Type: Private Corporation WILLIAM G.WALKER&COMPANY INC WILLIAM WALKER 759 BRATTLEBORO RD. G.����,✓ HINSDALE, NH 03451 Administrator Not valid without signature . 'ti Application to (9Yb `Rittq'n; pigl)wap 3.egional Pi5tOric AlIgtrid (Committee In the Town of Barnstable CERTIFICATE OF APPROPRIATENESS Application is hereby made,with four complete sets, for the issuance of a Certificate of Appropriateness under Section 6 of Chapter 470, Acts and Resolves of Massachusetts, 1973, for proposed work.as described below and on plans, drawings, or photographs accompanying this application for CHECK CATEGORIES THAT APPLY: 1. Exterior building construction: ❑ New ❑ Addition ® Alteration Indicate type of building: ®;House U Garage ❑ Commercial ® Other BARN 2. Exterior Painting: ❑ . 3. Signs or Billboards:. ❑ New Sign ❑ Existing Sign ❑ Repainting Existing Sign 4. Structure: ❑ Fence ❑ Wall ❑ Flagpole ❑ Other_ --too TYPE OR PkINT LEGIBLY:` DATE 1 JuneZ 006 X ., rr D ADDRESS OF PROPOSED WORK 245 Wil low Street ASSESSOR'S MAPAO. . OWNER Walter W. Unaermann , ASSESSOR'S.L01VO. -022 HOME ADDRESS. P08-`395', Jupiter, FL 3346.8 .. - 50:8-362-3638 TELEPHONE NO. .. FULL NAMES AND ADDRESSES OF ABUTTING OWNERS, including those of adjacent-property owners across any public street or way. (Attach additional sheet if necessary) AGENTt'4MUMA)M4'PX Northsid:e Design Agsociates TELEPHONENO. 508=362-2210 ADDRESS 141 Main Street , Yarmouthport , MA 02675 DESCRIPTION-OF PROPOSED WORK: Give particulars of work to'be done, including materials to be used. Please include locations of proposed signs. Replace all roofs on all buildings with zinc—tin coa copper. See sample . ; Signed Vbr �f?6�4@fzl -Agent ,� For Committee Use Only rr ��L This Certificate is hereby Date / o n L Ap enied fl.LIV1AY Committee Members' SignatureTOuvHISTO CL 245 Willow Street , West Barnstable ,i Town of Barnstable Old King's Highway Historic District Committee SPEC SHEET FOUNDATION SIDING TYPE COLOR CHIMNEY TYPE COLOR Cape Cod Copper Coppersmiths Zinc-tin coated copper natural (silver..me.tal color ) ROOF MATERIAL COLOR PITCH WINDOWS COLOR SIZE TRIM COLOR DOORS COLORS SHUTTERS COLORS GUTTERS COLORS . DECKS MATERIALS GARAGE DOORS COLORS SKYLIGHTS SIZE COLORS " SIGNS COLORS C' °a 4 LUU6 TOWN OF BARNSTABLE HISTORIC PRESERVATION FENCE COLOR NOTES: Fill out completely, p y, including measurements and materials/colors to be used. Four copies of this form are required for submittal of an application, along with Four copies of the plot plan, landscape plan and elevation plans, when applicable. SPECSHT Revised 11/98 Doc•1s101P736 11-20-2008 10=36 BARNSTABLE LAND 'COURT REGISTRY AFFIDAVIT OF ATTORNEY The undersigned, an attorney*at law, make the following statements of my own personal knowledge: 1. I am the attorney for Barnstable Land Trust, Inc., the grantee named in a Conservation Restriction conveyed by Walter W. Ungermann of 245 Willow Street, West Barnstable,Massachusetts 02668. Said Conservation Restriction was registered with the Barnstable Registry District of the Land Court on December 20, 2007, as Document No. 1,079,512 and noted on Land Court Certificate of Title No. 138881. 2. The Conservation Restriction pertains to Lots 1, 2 and 3 on Land Court Plan 742883-A,located at 245 Willow Street,West Barnstable,Massachusestts. 3. Both the grantor, Walter W. Ungermann and the grantee, Barnstable Land Trust, Inc, agreed that it was in the interest of both parties that the Conservation Restriction be recorded by no later than December 31, 2007. It was the intention of both parties that the Conservation Restriction would include stamped, engineering sketches for the subject premises; said sketches were to include exact metes and bounds of building envelopes. 4. The engineering firm hired to prepare the sketches was unable to complete them prior to December 31, 2007 and as a substitute for stamped engineered plans, j sketch plans were attached as Exhibit A and Exhibit A-1 to the Conservation Restriction with the following language: "Said sketches show the building envelopes in substantially their correct locations, subject to the subsequent recording of a stamped engineering sketch,giving the exact metes and bounds of said building envelopes". . 5. In order to correct the Conservation Restriction as recorded on December 20, 2007, stamped engineering sketches giving the exact metes and bounds of said . building envelopes are now available and are hereby submitted to complete the Conservation Restriction as recorded. Attached hereto and incorporated herein are three engineered sketches entitled "Sketch plan showing Conservation Restriction and building envelopes prepared for Walter W. Ungermann, dated 1- 04-2008,Baxter Nye Engineering& Surveying Registered Professional Engineers and Land Surveyors, Sheet 1, Sheet 2 and Sheet 3. Said sketch plans are intended to substitute and replace Exhibit A-1 entitled sketch of restricted area and building envelope. 6. Grantor and grantee acknowledge and agree that the sketches attached hereto document in a more legible and precise fashion the building envelopes recorded in the original Conservation Restriction. The sketches attached hereto do not change or modify the Conservation Restriction in any substantive way, but the sketches attached hereto are to be incorporated by reference into the original terms of the conservation.restriction simply for clarification. 7. Said sketches are submitted with the consent and approval of the grantor and grantee in order to conform the Conservation Restriction to their intentions. Signed under the pains and penalties of perjury this 13t' day of November,2008. r {� Ri and P. Largay, Offices of Richard P. Largay,Esq. 24 8 West Main Street Hyannis,MA 02601 (508) 771-2255 BBO#286840 COMMONWEALTH OF MASSACHUSETTS Barnstable,ss On this 13ffi day of November, 2008, before me, the undersigned Notary Public, personally appeared Richard P.Largay proved to me through satisfactory evidence of identification being: 0 or other state or federal governmental document bearing a photograph image;or Oath or affirmation of a credible witness known to me who knows the above signatory;or My own personal knowledge of the identity of the signatory to be the person whose name is listed above and acknowledges to me that he signed the foregoing instrument voluntarily of his own free act and deed. • ���i�ulniiprr�i<ii c, ,ov�asiory�y Sus E.Clark,Notary Public 5.202 p i My Commission Expires: 8/22/14 'j��lll/l r l I I I I l H����`♦ r ¢?6 �q LOT 3 r i� BUILDING / (� ENVELOPE 12 (SEE SHT. 3) ` � LOT 2 MILL POND BUILDING ENVELOPE #1 f (SEE SHT. 2)\ a 00 o EDGE OF POND LOT 1 r - • PER GIS lie -o 0 a • w O �� 0 .29104 o � i vl Job Number.- 2007-041 SHEET 1 SKETCH PLAN SHOWING CONSERVATION RESTRICTION w AND BUILDING ENVELOPES Baxter Nye 0 Prepared For: Wafter W. Ungermann Engineering & Surveying o Assessor's Map: 131 'Parcel: 022 Registered Professional Engineers o Plan Reference: Land Court Plan 42883A and Land Surveyors 78 North St. 3rd Floor Hyannis, MA 02601 0 0 Scale 1" = 200' Date 01-04-2008 Phone — (508) 771-7502 Fax — (508)-771-7622 0 BUILDING LOCATION DATE: 12/06/07 RESTRICTED N a a LOT 1 N 6997 g5 0, M N �• N ro. DOSiING BARN LOT 2 BUILDING ENVELOPE #1 61*857 SO. FT. 1.42 ACRES w Z N -4 w n s 30 DGSTING OMiEtLNG of #245 EXISTING LOT 1 "` 292.07' S 85�41r� W 0 LOT 1 LJ REST ICTED ` �0 o O j e�i-�T7•Gd Y Job Number. 2007-041 SHEET 2 3 SKETCH PLAN SHOWING CONSERVATION RESTRICTION w AND BUILDING ENVELOPES Prepared For: Walter W. Ungermann Baxter Nye Engineering & Surveying Assessor's Map: 131 Parcel: 022 Registered Professional Engineers eers No Plan Reference: Land Court PLan 42883A and Land Surveyors 78 North St. 3rd Floor Hyannis, MA 02601 0 I.Scale : 1" = 50' Date 01-04-2008 Phone — (508) 771-7502 Fox — (508) -771-7622 0 a 0 RESTRICTED o o � a LOT 200 z M N It 0- 81'5000" J 200.00' N 0 O o LOT 3 M BUILDING ENVELOPE 02 0 , W LOT 2 z 40=0 SO. FT. 0 N 0.92 ACRES s 0 i p 0 0. . O < ' 00 M O O N N 200.06 z » W 0 5 81'50'00 rn OF > ? S� LOT 20. s, 0' 4H RESTRICTED -ems Y Job 'Number: 2007-041 SHEET 3 3 SKETCH PLAN SHOWING CONSERVATION RESTRICTION W AND BUILDING ENVELOPES Baxter Nye Prepared For: Walter W. Ungermann Engineering & Surveying a Assessor's Map: 131 Parcel: 022 Registered Professional Engineers s Plan Reference: Land Court PLan 42883A and Land Surveyors 78 North St. 3rd Floor Hyannis, MA 02601 I ( O Scale 1" = 40' Date 01-04-2008 Phone — (508) 771-7502 Fox — (508)-771-7622 0 — — — — - _-• -- -BARNSTABLE REGISTRY OF DEEDS . -- ' - { Doc: 1v079.512 12-20-2007 1 :56 AR� ##��STABLE LAND COURT REGISTRY MILL POND CONSERVATION RESTRICTION W. BarnstalTle,MA CONSERVATION RESTRICTION WALTER W. UNGERMANN,individually, of 245 Willow Street,(West)Barnstable, Massachusetts 02668,his successors and assigns holding any interest in the Premises as hereinafter defined, ("Grantor"), as a gift, for no consideration, grants to BARNSTABLE LAND TRUST,INC.,Federal tax identification#22-2483963, a Massachusetts charitable corporation with an office at 407 North Street,Hyannis,Massachusetts 02601,and a mailing address at P.O. Box 224,Cotuit,Massachusetts,02635,its successors and permitted assigns, ("Grantee'), IN PERPETUITY and exclusively for conservation purposes, the following described CONSERVATION RESTRICTION,on three parcels-of_registered land,_______ comprising a total of approximately 25.24 acres, located at`245 Willow Street in the Village_> o�f West Barnstable, Town of Barnstable,County of Barnstable,Commonwealth of Massachusetts, said-parcels being described in Exhibit A and shown on Exhibit A-1 attached hereto and hereinafter referred to as the Premises.The Grantor and Grantee,their successors and assigns, are bound by and subject to the terms and conditions of this Conservation Restriction. For Grantor's title, see Land Court Certificate#A3* 33 registered in the Barnstable Land Registry District. --fr/3 5881 Purpose. This Conservation Restriction is defined in and authorized by Sections 31-33 of Chapter 184 of the General Laws and otherwise by law. Its purpose is to protect the habitats located on the Premises and to protect the important wetland values of the Premises,to assure that the Premises will be retained in perpetuity predominantly in its natural, scenic and open condition,to preserve a scenic view,and to prevent any use that would materially impair or interfere with the conservation values of the Premises. The conservation of the Premises will yield a significant public benefit for the following reasons: WHEREAS, the Great and General Court of Massachusetts established the Old Kings Highway Regional Historic District on the northern shore of Barnstable County through Chapter 740 of the Acts of 1973;and, WHEREAS, the Commonwealth of Massachusetts, through the authority of the Secretary of Environmental Affairs under General Law c. 21A, s. 2(7), designated the Barnstable Harbor/Sandy Neck ecosystem as an Area of Critical Environmental Concern in 1978; and, WHEREAS, on March 11, 1997, the Massachusetts Coastal Zone Management Program adopted Protected Area Policy#1: "Preserve,restore, and enhance complexes of coastal resources of regional or statewide significance through the Areas of Critical Environmental Concern program;"and, , c 1 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA WHEREAS,the Commonwealth of Massachusetts adopted the Rivers Protection Act, Chapter 258 of the Acts of 1996 to"protect the natural integrity of rivers and to encourage and establish open space along rivers"and identified Riverfront Areas as being land within 200 feet of riverbanks that is crucial to preserve in a natural state in order"to protect water quality,stabilize stream banks,reduce flood peaks, support fish and wildlife habitat and protect groundwater"; and, WHEREAS, the Massachusetts Endangered Species Act, M.G.L. c. 131A protects rare species and their habitats, and the Massachusetts Natural Heritage and Endangered Species Program ("MNHESP") has designated as Priority Habitats the known geographical extent of habitat for state-listed rare plant and animal species; and, WHEREAS, in July 1991 the Barnstable Assembly of Delegates, pursuant to the Cape Cod Commission Act (Chapter 716 of the Acts of 1989), adopted a Regional Policy Plan, amended in 1996 and further amended in 2002,which identified resources areas and made the following conclusions: ■ "Significant Natural Resource Areas" were identified as including land areas within 300 feet of ponds;(p. 12); ■ "Wastewater from increased population and development has also introduced 1. excessive nutrients(such as nitrogen and phosphorus) into ponds...(p. 33);" "Many of the region's ...ponds are already impaired or are threatened by excessive nutrients entering their watersheds from wastewater,stonnwater runoff, and fertilizers, (p. 34);" ■ "The Cape's wetlands,vernal pools, and ponds also provide vital habitat for a diversity of rare and endangered species,(p. 62);"and, further provided goals and policies, including the following: • a Wetlands Goal to"preserve and restore the quality and quantity of inland and coastal wetlands on Cape Cod"(p. 58); • a Wildlife and Plant Habitat Goal to"prevent loss or degradation of critical wildlife and plant habitat...and to maintain existing populations and species diversity"(p.64), and an Implementation Action"to identify and protect a continuous Capewide network of wildlife habitat areas and corridors of sufficient width and dimensions to be of value as wildlife habitat"(p.65); • an Open Space and Recreation Goal to"preserve and enhance the availability of open space on Cape Cod and provide wildlife habitat...and protect the natural resources, scenery,groundwater quality, air quality, and character of Cape Cod"(p.69), and an Implementation Action"to protect significant natural and fragile areas....High priority...given to...[r]are species habitat and other critical habitats...and [m]issing links between open space areas ....."(p.72); and • a Heritage Preservation/Community Character Goal to"protect and preserve the important historic and cultural features of the Cape landscape...that are critical components of Cape Cod's heritage"(p.135)and an Implementation Action to "inventory the region's distinctive cultural landscapes...[and] to pursue preservation of significant resources through a variety of means such as land protection, preservation or conservation restrictions."(p. 139); and, WHEREAS, the Town of Barnstable developed a Local Comprehensive Plan, approved by the Cape Cod Commission in 1998, which included the following objectives, including, 2 I f MILL POND CONSERVATION RESTRICTION W.Barnstable,MA among other things,policies: • To "preserve and improve the ecological integrity of fresh surface water bodies and marine waters"(Goal 2.1.1;p.2-13); • To "minimize contamination of water resources with nitrogen, in order to maintain...the ecological integrity of streams, ponds and coastal embayments" (Goal 2.1.3;p. 2-23); • To protect "habitat for shellfish, finfish, rare and endangered species, other coastal wildlife and native coastal plants...so these species can endure and sustain their biological diversity"(Goal 2.2.3;p. 2-64); • To "preserve and restore the area, quality and functions of Barnstable's coastal and inland wetlands"(Goal 2.3.1;p.2-86); • To "prevent loss or degradation of critical wildlife and plant habitat, to minimize the impact of new development on wildlife and plant habitat, to maintain existing populations and species diversity, and to maintain areas which will support wildlife's natural breeding, feeding and migration patterns"(Goal 2.4.1;p.2-93); • To "protect and increase the wildlife population and habitats of Barnstable" (Goal 6.5; p.6-22) and "preserve those wildlife corridors that foster diversity of habitat and link known wildlife resource areas"(Policy 6.5.1;p. 6-22); and • To "encourage the preservation of open space...through creative means of conservation restrictions"(Goal 6.1.2;p. 6-13); • To "identify, protect and preserve Barnstable's historic...landscapes and archaeological resources"(Goal 7.5;page 7-24); and, WHEREAS, the Town of Barnstable developed an Open Space Plan (1984, amended 1987, 1998, and 2005) with a goal of preserving "quality open spaces throughout the Town which protect and enhance its visual heritage..." and which identified, among other things, the following items and community objectives: • a Greenbelt and Fingerlinks Corridors Map identifying potential parcels of vacant and underdeveloped land for its creation, including land around Mill Pond; • a Wetland Corridor of Open Space along the Mill Pond Herring Run; • a map identifying local Scenic Roads, designated under authority of the Massachusetts Scenic Roads Act of 1973, which includes Willow Street as a Scenic Road • a map of"Inventoried Historical Sites" for West Barnstable, which includes the Jones Mill site at the outlet of Mill Pond as one of eleven such sites; and policies to: • To acquire, retain, preserve and protect a maximum amount of open space for the community and its natural and wildlife habitats(Goal 1,2005); and encourage the use of creative regulatory and non-regulatory land protection tools such as conservation restrictions; • To protect the environmental health of Barnstable's surface water resources (Goal 2, 2005); • To protect and enhance Barnstable's unique and fragile natural and cultural resources including scenic beauty,historic areas and unique habitats (Goal 6,2005); • To protect and increase wildlife population and habitats(Goal 10,2005); 3 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA • To "continue to protect, acquire and preserve easements along all herring runs within the Town to assure this natural resource for future generations(1998,p. 54)"; WHEREAS, in 1981 the Town of Barnstable adopted a Conservation Restriction Program consisting of policies and guidelines, in particular an Open Space Policy, approved by the Board of Selectmen, Assessors and Conservation Commission, which encourages the use of conservation restrictions in perpetuity to protect natural resources in accordance with the purposes of the Open Space Plan, and which further specified that purposes of a conservation restriction could include the following: • preserve a scenic view, • prevent disturbance of wetlands, • preserve open space, • preserve important natural habitats of fish,wildlife or plants, • preserve and protect a shoreline; and • limit or prevent construction on land of natural resource value; and, WHEREAS,preservation of the Premises satisfies each of these objectives enumerated above because the Premises: 1. contains over 1,160 linear feet of shoreline on Mill Pond, a Great Pond of the Commonwealth; 2. provides protection to the head of the Mill Pond herring run, recently renovated by the Town of Barnstable; d 3. contains areas of freshwater wetlands, including wooded swamp, and pondshore, with bordering upland buffer in a natural state; 4. is located partially within a State Priority Habitat for rare species; 5. is included wholly within the Statewide Land Conservation Plan; 6. is identified as one of the potential parcels for the creation of the Greenbelt and Fingerlinks corridor within the Town of Barnstable; 7. protects part of the Jones Mill site identified as a historic site by the Town of Barnstable; 8. is identified in the 2002 Regional Policy Plan as part of a Significant Natural Resource Area; 9. provides a natural wooded greenbelt and shade along 666 feet of a Local Scenic Road; 10. is a substantial contributing element to the overall scenic and historic character of the West Barnstable Village area, an early colonial settlement of Barnstable,by adding to and maintaining the land predominantly in its natural condition; and 11. is located partially within the Barnstable Harbor Area of Critical Environmental Concern; 12. is within the groundwater recharge area to Mill Pond and within 300 feet to Mill Pond, a Significant Natural Resource Area; 13. includes over-800 linear feet of frontage on an official river of the Commonwealth (identified on the 1972 USGS topographic quadrangle)and includes all of the 200-foot width of the associated riverfront area in a natural state; 14.would rely on on-site septic treatment to dispose of wastewater,if developed,adding to excessive nutrient loading to Mill Pond and private drinking water wells; WHEREAS, accordingly,the Premises possess significant open,natural, and scenic values (collectively, "conservation values")of great importance to the Grantee and the people of 4 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA Barnstable and the Commonwealth of Massachusetts;and, WHEREAS,the Grantee is a publicly-supported,tax-exempt non-profit organization whose primary purpose is to preserve and conserve natural areas for aesthetic, scientific and educational purposes; and, WHEREAS,the Grantee has received a letter from the Internal Revenue Service,dated August 13, 1986, a copy of which is on file at the offices of the Grantee,to the effect that said Grantee is not a private foundation within the meaning of Section 509(a)of the Code; WHEREAS,the Grantors intend,as owner of the Premises,to convey to the Grantee the right to preserve and protect the conservation values of the Premises in perpetuity,by retaining the Premises predominantly in their natural,scenic or open condition; and WHEREAS,the Grantee agrees by accepting this grant to honor the intentions of the Grantors stated herein and to preserve and protect in perpetuity the conservation values of the Premises for the benefit of this generation and the generations to come. NOW,THEREFORE, in consideration of the above and the mutual covenants,terms, conditions, and restrictions contained herein,the Grantors and the Grantee voluntarily agree that the CONSERVATION RESTRICTION described herein is an appropriate means to achieve the community's open space goals and objectives and to protect and enhance natural and scenic values of Cape Cod. The terms of this Conservation Restriction are as follows: I: PROHIBITED USES AND RESERVED RIGHTS A. Prohibited Uses. Except as to reserved rights set forth in paragraph I.B.below, neither the Grantor nor his heirs, devisees, successors or assigns will perform or permit others to perform the following acts or uses,which are prohibited,in, on, over or under the Premises: 1. Construction or placing of any temporary or permanent building, structure, facility or improvement on,over or under the Premises, including but not limited to any dwelling unit or habitable living space,landing strip or helipad, mobile home,swimming pool,tennis court,active recreational facility, parking area, fence, shed or storage box,utilities, fuel storage tank, asphalt.or concrete pavement,antenna,tower,sewage or septage disposal system,or other temporary or permanent structure or facility,on,under or above the Premises; 2. Construction of any new roads,driveways,new trails or paths through or on the Premises, or the addition,removal or movement of soil for such purpose; 3. Mining, excavating, dredging or removing from the Premises of soil, loam, peat,gravel, sand,rock or other mineral resource or natural deposit, and constructing,bulldozing, excavating or drilling of dikes, ditches,holes,swales 5 MILL POND CONSERVATION RESTRICTION K Barnstable,MA - or other alterations in the natural topography of the Premises; 4. Placing, filling, storing or dumping on the Premises of soil,refuse,trash, vehicle bodies or parts,rubbish,debris,junk,wood chips,tree cuttings generated off-site,waste or other substance or material whatsoever; 5. Creation of a cultivated lawn or formal or cultivated gardens; 6. Any commercial,commercial recreation or industrial use; any animal husbandry or horse paddocking through the use of stables,paddocks, grazing areas or other enclosures and the storage or dumping of manure or other animal wastes; 7. Cutting,removing or otherwise destroying trees,grasses or other vegetation, except as incidental to mowing or trimming as otherwise permitted in paragraph I B;application or use on the Premises of fertilizers, fungicides, herbicides or pesticides in any quantity except for control of plant and animal pests, including ticks,or invasive exotic species as permitted in paragraph I. B; in no event shall views to the pond or wetlands be created or allowed from anywhere on the Premises,including but not limited to the Building Envelopes; 8. Activities detrimental to drainage, flood control,water or soil conservation, erosion control or the quality of surface or ground water; any removal of soil off-site; 9. The use of motorized trail bikes,all-terrain vehicles, snowmobiles,or any motorized vehicle except for emergency police and fire vehicles in pursuit of official duties; 10. Conveyance of the Premises into more than two separate ownerships; and, 11. Any other use of the Premises or activity thereon which is inconsistent with the purposes of this Conservation Restriction or which would materially impair other significant conservation values unless necessary for the protection of the conservation values that are the subject of this Conservation Restriction. In addition, Grantors,his successors and assigns,agree that all development rights in the Premises are terminated and extinguished by this Conservation Restriction and that the Premises may not be used for the purpose of calculating the amount of Grantor's or any other land available for additional subdivision or calculating the building requirements or nitrogen loading credits on this or any other land owned by the Grantor or any other person,except only as specifically permitted under Paragraph I.B.Building Envelopes#4 below. B. Reserved Rights. Notwithstanding the provisions of Paragraph I.A. above,the Grantor,his heirs,devisees,successors or assigns reserve and retain their residual rights as owners of such land, and are permitted to perform the following uses and activities on the 6 MILL POND CONSERVATION RESTRICTION K Barnstable,MA Premises provided such uses and activities do not materially impair the conservation values or purposes of this Conservation Restriction,subject to any limitations noted below: General: 1. The right to install temporary and permanent boundary monuments delineating the Premises; and the right to erect and maintain small signs; 2. The right to install wells for potable water supply and on-site irrigation, anywhere on the Premises,but only for use of, for and by the Premises and Grantor; Grantor shall make best efforts to site and install said wells and associated piping and pumps within the meadow areas as indicated in Exhibit B; 3. In accordance with best forestry management practices,the right to remove invasive non-indigenous plant species;the right to control poison ivy,poison oak and other potentially hurtful plant life and other plant life that threatens indigenous species anywhere within the Premises so long as surrounding vegetation is not substantially disturbed; 4. The right to collect dead or downed timber(for personal consumption only) for firewood,but not to cut live timber for firewood; except live timber may be cut for disease control, storm cleanup,removal of non-native invasive plant species, safety reasons to prevent injury to persons or damage to property, including structures within the Building Envelopes,but not for viewshed purposes; 5. The right to use and maintain the delineated paths on the Premises in their locations as approximately shown in Exhibit B and to restore a path through the .wetlands along Willow Street, subject to local regulation; the right to create new paths,with permission of Grantee as to location and dimensions; 6. Subject to local regulation, if any, the clearing of land, including the mowing or burning of trees and other vegetation, is permitted to the dimensions of the existing conditions as approximately shown in Appendix J. Mowing may be accomplished by the use of motorized vehicles, including riding mowers or tractors; 7. The right to maintain and replace in substantially the same condition, location, height,and type the existing field stonewalls and existing wooden fencing within the Premises(see Appendix M for locations and Photos#1,2,5 &27 in Appendix G for sample types);with approval of the Grantee,not to be unreasonably withheld,the right to install new fencing or stone walls anywhere on the Premises, so long as said installations are designed to allow for passage of small native mammals, such as split rail,but not stockade or cyclone fencing; the right to erect any kind of animal exclosure or security fencing within the Building Envelopes described below; 7 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA 8. The right to maintain the existing ditches or drains,as described in Exhibit B; 9. The right to maintain,improve and use the existing driveway and bridge/culvert serving Building Envelope#1 in its present location; the right to create, subject to local regulation,maintain,improve and use a separate driveway on Lot 2 on Land Court Plan 42883A(2) from Willow Street to Building Envelope#2; 10.The right to convey the Premises in its entirety;conveyance of any portion of the Premises to the Grantee; 11. The right to graze and ride horses in the existing meadow areas of the Premises,both within and beyond the Building Envelopes,but not in areas of woodlands as indicated in Exhibit B except on paths shown in Appendix J;all horse-related structures,except fencing,must be located within the Building Envelopes; and, 12. The right to install facilities to produce electricity related to the harnessing of wind, geothermal or solar energy, including but not limited to towers, collectors,pumps,conduits, sheds,etc.,provided that all said facilities or components are located within: a. either or both Building Envelopes; or, b. the existing mowed/meadow areas as shown in Appendix J;or, c. ten(10) feet of any existing or approved future driveway,but not generally in the woodlands or wetland areas;and, further provided that said electricity is produced primarily for residential and other uses of the Premises consistent with this Conservation Restriction and only incidentally for other properties or the power grid in general. Building Envelopes: The Building Envelopes, as defined in Exhibit A and shown in Exhibit A-1,attached hereto and to be recorded herewith,encompass only a portion of the Premises.Notwithstanding the provisions of Paragraph I.A. above,the Grantor,his heirs, devisees,successors or assigns reserve and retain their residual rights as owners of such land, and are permitted to perform the following uses and activities on the Premises provided such uses and activities do not materially impair the conservation values or purposes of this Conservation Restriction, subject to any limitations noted below: 1. BuildingEnvelope nvelope#1: It is the Grantor's intention to maintain the existing dwelling on the Premises and that such structure be located only within the Building Envelope#1. Building Envelope#1, as defined in Exhibit A and shown on Exhibit A-1,to be recorded herewith, encompasses only a portion of the Premises and the specifications of said structure and accessories within said Building Envelope,and other rights of the Grantor within Building Envelope#1,are as follows: d. Grantor has the right to use the area within Building Envelope'#1 for any lawful residential purposes as permitted under applicable land use regulations, including but not limited to the right to use,maintain, 8 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA renovate,repair,reconstruct,replace,or extend the existing structures, including any existing or additional outbuildings;provided,however, that no more than one(1)principal dwelling shall be allowed within said Building Envelope,and further provided that any construction work,including temporary placement of excavated fill, can be conducted without intrusion beyond the Building Envelope; e. Grantor has the right to use the Building Envelope for other accessory residential purposes, including the erection,maintenance and use of studios, garages,barns,sheds or other detached outbuildings,but not a tennis court or in-ground swimming pool. 2. BuildingE nvelope#2: It is the Grantor's intention to reserve,on behalf of Grantor,his successors and assigns,the right to build and occupy a second dwelling on the Premises and that such structure be located only within the Building Envelope#2.Building Envelope#2, as defined in Exhibit A and shown on Exhibit A-1,to be recorded herewith,encompasses only a portion of the Premises and the specifications of said structure and accessories within said Building Envelope,and other rights of the Grantor within Building Envelope#2, are as follows: (i)Grantor has the right to use the area within the Building Envelope for residential purposes as permitted under applicable land use regulations, and the right to construct,use,maintain,renovate,reconstruct,replace, relocate or reconfigure one(1)single family structure located within Building Envelope#2;provided,however,the total gross floor area of said structure used for human occupation purposes,as such structure may be constructed,renovated,reconstructed,replaced,relocated or reconfigured, shall be limited to a total of two thousand five hundred(2,500)square feet. Gross floor area for the purposes of this Conservation Restriction shall be defined as the sum of the gross horizontal area of the several floors of all buildings on the Premises,as measured from the exterior face of exterior walls,without deduction for hallways, stairs,closets,thickness of walls, columns or other features.Portions of attic,basement, garage, screened porches or other attached spaces which are,'or can be made, capable for being used for human occupancy,including living, sleeping, cooking, eating or heated storage purposes, and all accessory structures, shall be included in the calculation of total gross floor area,but patio areas, decks and other open structures shall not. No detached outbuildings shall have any habitable space. Any construction work,including temporary placement of excavated fill,must be conducted without intrusion beyond the Building Envelope; (ii)In the event of a new or expanded principal dwelling being constructed under the provisions of this Paragraph, Grantor agrees to submit to the Grantee,prior to construction,sufficient plans and other materials necessary for the Grantee to make an informed judgment as to the size of gross floor area and location(only)of the dwelling and any outbuildings within the parameters given in this Paragraph; 9 I, MILL POND CONSERVATION RESTRICTION W.Barnstable,MA 3. Grantor has the right to build and maintain wells, septic systems, irrigation systems,potable water supply lines, electric meter, drainage systems and underground utilities within the Building Envelopes provided such systems or utilities specifically are built and maintained to serve the single dwelling(as it exists now or as it may be modified,constructed or reconstructed under the terms of this Paragraph.) and permitted accessory structures; all on-site septic system components and wastewater discharge shall be confined to said Building Envelopes; 4. Grantor has the right to use the area within the Building Envelopes for all residential purposes as permitted under applicable land use regulations, including but not limited to the right to use,maintain, lease,renovate, repair,reconstruct,or replace the existing structures;provided,however, no more than one(1)principal dwelling shall be allowed within each said Building Envelope;the entire Premises may be used, and only as reasonably necessary, for the purpose of calculating the minimum amount of land necessary to maintain the area within the Building Envelopes as providing for no more than two buildable lots on the entirety of the Premises in compliance with zoning and all other laws and regulations of the Town of Barnstable; 5. With written approval of the Grantee,not to be unreasonably withheld, Grantor shall have the right to modify the location of Building Envelope #2 (only),but not its size, dimensions or extent, and so long as no portion of said Envelope lies within two hundred(200) feet of any water body or vegetated wetland; and further provided that at least some portion of said Building Envelope#2 is contiguous or overlaps with(in its square configuration,to be maintained)with the current location as shown on the sketch in Exhibit A-1,it being the mutual objective of Grantor and Grantee to accommodate natural topographic and vegetative constraints in siting any dwelling or accessory uses within said Envelope. Any work undertaken in conjunction with the reserved rights mentioned above in this Paragraph I.B. shall seek to minimize disturbance on the Premises. Upon completion of any site work performed in conjunction with this Paragraph I.B.,any disturbed areas shall be restored substantially to match the conditions with respect to soil material, grade, and vegetated ground cover that existed prior to said work. The exercise of any right or obligation reserved by the Grantors under this paragraph I.B. shall be in compliance with all permitting requirements,the then-current Zoning Ordinance of the Town of Barnstable, and all other applicable federal, state and local law in addition to being in compliance with the terns of this Conservation Restriction. In the event of any discrepancy between the terms of this Conservation Restriction and any other laws or regulations,the more restrictive provisions on use of the Premises shall prevail.The inclusion of any reserved right in this paragraph I.B.requiring a permit from a public agency does not imply that the Grantee or the Commonwealth takes any position on whether such permit should be issued, except Grantee will confirm, in writing, to such agency, if 10 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA requested,the existence of such reserved right under this Conservation Restriction. 11 ADDITIONAL PROVISIONS A. Notice and Approval. Whenever notice to or approval by the Grantee is required under the provisions herein,including but not limited to the provisions of Paragraphs I.B regarding Building Envelope#2,the Grantor shall notify the Grantee in writing not less than thirty(30)days prior to the date the Grantor intends to undertake the activity in question.The notice shall describe the nature, scope,design, location,timetable and any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to its consistency with the purposes of this Conservation Restriction. Where the Grantee's approval is required,the Grantee shall grant or withhold its approval in writing within thirty days(30)of receipt of the Grantor's written request therefore. B.1 Extinguishment. If circumstances arise in the future such as to render the purpose of this Conservation Restriction impossible to accomplish,this Conservation Restriction can be terminated or extinguished,whether in whole or in part, only by judicial proceedings in a court of competent jurisdiction, and after review by the Massachusetts Secretary of Energy and Environmental Affairs. If any change in conditions ever gives rise to extinguishment or other release of the Conservation Restriction under applicable law,then the Grantee,on a subsequent sale, exchange or involuntary conversion of the Premises,shall be entitled to a portion of the proceeds in accordance with paragraph H.B.2.below,subject,however,to any applicable law that expressly provides for a different disposition of the proceeds. The Grantee shall use its share of the proceeds in a manner consistent with the conservation purposes set forth herein. B.2 Proceeds. The Grantor and the Grantee agree that donation of this Conservation Restriction gives rise for purposes of this paragraph to a property right, immediately vested in the Grantee,with a fair market value that is at least equal to the proportionate value that this Conservation Restriction,determined at the time of the gift,bears to the value of the entire property as unencumbered at that time.For the purposes of this paragraph,the ratio of the value of this Conservation Restriction to that value of the Premises unencumbered by this Conservation Restriction shall remain constant.To establish this proportionate value, Grantor shall provide Grantee with a complete copy of any qualified appraisal performed for Grantor (at the time of donation of this Conservation Restriction)as required under Internal Revenue Code Sec. 170(h). B.3 Grantor/Grantee Cooperation Regarding Public Action. Whenever all or part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority,then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantor and the Grantee under this paragraph shall first be paid out of any recovered proceeds,and the remaining proceeds shall be distributed between the Grantor and the Grantee in shares equal to such proportionate value, as noted in paragraph II.B.2 above. The Grantee shall hold the Grantee's share of the proceeds in constructive trust for and use in a manner consistent with the conservation purposes of this grant. 11 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA C. Access. The Conservation Restriction hereby conveyed does not grant to the Grantee,to the public generally,or to any other person any right to enter upon the Premises, except there is hereby granted to the Grantee and its representatives the right to enter the Premises: (a)After reasonable notification,at reasonable times and in a reasonable manner for the purpose of inspecting the same to determine compliance with the provisions of this Conservation Restriction,the Grantee and its representatives are granted the right to enter the Premises; and (b)After thirty(30)days prior written notice,the Grantee and its representatives are granted the right to enter the Premises to take any and all actions with respect to the Premises at the then fee owner's cost as may be necessary or appropriate,with or without order of court,to remedy, abate or enforce any violation hereof. Notwithstanding any public use of the Premises as permitted herein,neither the Grantor nor the Grantee assumes any obligation to maintain the Premises for public passive recreational use. Grantor and Grantee claim all the rights and immunities against liability for injury to the public to the fullest extent of the law. D. Legal Remedies of the Grantee. The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations,including without limitation relief requiring restoration of the Premises to its condition at the time of this grant(it being agreed that the Grantee may have no adequate remedy at law),and shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee. The Grantor, his successors and assigns covenant and agree to reimburse the Grantee for all reasonable costs and expenses(including without limitation reasonable counsel fees)incurred in enforcing this Conservation Restriction or in taking reasonable measures to remedy or abate any violation thereof. The Grantor,his successors and assigns shall each be liable under this paragraph for only such violations of this Conservation Restriction as may occur during his or their respective periods of ownership of the Premises. By its acceptance,the Grantee does not undertake any liability or obligation relating to the condition of the Premises, including with respect to compliance with hazardous materials or other environmental laws and regulations. Enforcement of the terms of this Conservation Restriction shall be at the discretion of the Grantee, and any forbearance.by the Grantee to exercise its rights under this Conservation Restriction shall not be deemed or construed to be a waiver. E.Acts Beyond Grantor's Control. Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any action against the Grantor, his successors and assigns for any injury to or change in the Premises resulting from causes beyond the Grantor's,his successors' and assigns' control,including,but not limited to, fire, road drainage, flood,storm,natural erosion,and acts caused by trespass on the Premises not contributed to by acts or omissions of the Grantor,his successors and assigns, or from any prudent action taken by the Grantor,his successors and assigns under emergency conditions 12 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA to prevent, abate,or mitigate significant injury to the Premises resulting from such causes. F. Duration and Assignability. The burdens of this Conservation Restriction shall run with the Premises IN PERPETUITY and shall be enforceable against the Grantor, and his successors and assigns holding any interest in the Premises.The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; and the Grantor on behalf of his successors and assigns, may appoint the Grantee as his attorney-in-fact to execute,acknowledge and deliver any such instruments on his behalf. Without limiting the foregoing,the Grantor and his successors and assigns agree themselves to execute any such instrument upon request. The benefits of this Conservation Restriction shall be in gross and shall not be assignable by the Grantee, except in the following instances from time to time: 1. as a condition of any assignment,the Grantee requires that the purpose of this Conservation Restriction continue to be carried out; 2. the assignee,at the time of assignment,qualifies under Section 170(h)of the Internal Revenue Code of 1986,as amended,and applicable regulations thereunder,and under Section 32 of Chapter 184 of the General Laws as a donee eligible to receive this Conservation Restriction directly; and, 3. the Grantee complies with the provisions required by Article 97 of the amendments to the State Constitution,if applicable. G. Subsequent Transfers. The Grantor,his successors and assigns agree to incorporate by reference the terms of this Conservation Restriction in any deed or other recordable legal instrument by which Grantor,his successors and assigns convey any interest in all or a portion of the Premises, including,without limitation, a leasehold interest. Grantor,his successors and assigns, further agree to give written notice to the Grantee of the transfer of any interest at least twenty(20)days prior to the date of such transfer. Failure of the Grantor,his successors and assigns to do so shall not impair the validity of this Conservation Restriction or limit its enforceability in any way. H. Termination of Rights and Obligations. Notwithstanding anything to the contrary contained herein,the rights and obligations under this Conservation Restriction of any party holding an interest in the Premises terminate upon transfer of that parry's interest, except that liability for acts or omissions occurring prior to the transfer, and liability for the transfer itself if the transfer is a violation of this Conservation Restriction, shall survive the transfer. I. Estoppel Certificates. Upon request by the Grantor,his successors or assigns,the Grantee shall,upon twenty(20)days prior written notice,execute and deliver to the Grantor any document, including an estoppel certificate,which certifies the Grantor's,his successors' and assigns' compliance with any obligation of the Grantor contained in this Conservation Restriction, and which otherwise evidences the status of this Conservation Restriction as may be requested by the Grantor,his successors and assigns. J. Amendment. If circumstances arise under which an amendment to or modification of this Conservation Restriction would be appropriate,the Grantor,his successors and assigns and the Grantee may by mutual consent amend in writing any term or provision 13 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA hereof provided that this Conservation Restriction as thus amended complies with the then- applicable requirements of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts;Massachusetts General Law,Chapter 184,Sections 31-33; Internal Revenue Code of 1986 Section 170(h),as amended; and the Conservation Restriction Program of the Town of Barnstable,or any successors thereto, and provided that any such amendment,together with any approvals necessary to its effectiveness, including that of the Massachusetts Secretary of Energy and Environmental Affairs,shall be recorded with the Barnstable Land Court Registry District. Any amendment shall be consistent with the purposes of this Conservation Restriction, shall not diminish the conservation values of the Premises, and shall not affect its perpetual duration. In addition,the Grantee shall not consider any amendment to this Conservation Restriction UNLESS all of the following conditions are met: 1. The minimum amount of amendment, as to terms, land area or structural dimensions, activity,or level of use,is proposed to accommodate the proposal; 2. Whenever possible,mitigation measures of like kind be proposed and the substitution be more advantageous to the cause of conservation; 3. There will be a net gain to conservation values offered through mitigation to the affected parcel or its immediate vicinity; and, 4. Cash values of items or areas proposed for release, amendment or mitigation may be disregarded by Grantee in the equation to determine net*gain to conservation values. K. Non-Merger: The doctrine of merger shall not apply to this conveyance. No transfer of Grantor's or Grantee's interest in the Premises and no acquisition of any additional interest in the Premises by Grantor or Grantee shall cause this Conservation Restriction to merge with the fee or have the effect of causing any of the terms hereof to be rendered unenforceable by reason of the so-called doctrine of merger. L. Subordination of Mortgage: Grantor shall record at the Barnstable Land Registry District simultaneously with this Conservation Restriction all documents necessary to subordinate any mortgage,promissory note,loan,equity credit line,refinance assignment of mortgage, lease, financing statement or any other agreement which gives rise to a surety interest affecting the Premises. M. Miscellaneous Provisions. 1. Controlling Law. The laws of the Commonwealth of Massachusetts shall govern the interpretation and performance ofthis Conservation Restriction. 2. Construction. Any general rule of construction to the contrary notwithstanding,this Conservation Restriction shall be liberally construed in favor of the grant to effect the purposes of this Conservation Restriction and the policies and purposes of Mass. Gen. Laws Chapter 184, Sections 31-33 and the Grantee. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Conservation Restriction that would render the provision valid shall be favored over any interpretation that would render it invalid. 14 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA 3. Severability. If any provision of this Conservation Restriction shall to any extent be held invalid,the remainder shall not be affected. 4. Entire Agreement.This obligation sets forth the entire agreement of the parties with respect to the Conservation Restriction and supersedes all prior discussions,negotiations,understandings,or agreements relating to the Conservation Restriction,all of which are merged herein. 5. Joint Obligation. The obligations imposed by this Conservation Restriction upon the parties that together comprise"Grantor"shall be joint and several. 6. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. L. Effective Date. This Conservation Restriction shall be timely registered. Grantors and Grantee intend that the restrictions arising hereunder take effect on the day and year this Conservation Restriction is registered in the official records of the Barnstable Land Registry District, after all signatures required by Section 32, Chapter 184 of the General Laws of Massachusetts have been affixed hereto. 15 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA No documentary stamps are required as this Conservation Restriction is a gift. Executed under seal this ;25 day of 0�'a`` ,2007. Grantor: vY Walter W. Ungeridann COMMONWEALTH OF MASSACHUSETTS Barnstable ss. Z S y�e-�p?/l ,2007 Then personally appeared the above-named Walter W. Ungermann, and proved to me .b..1 through satisfactory evidence of identification,which was personal knowledge,to bd the person whose name is signed on the document,and acknowledged foregoing in� J be his free act and deed,before me. v�\Jt�ars !'osY •• 4 Mar H obinson,N' Zr Public' My cordmission expires: 2 August 20131, a � 16 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA ACCEPTANCE OF GRANT The above Conservation Restriction from Walter W. Ungermann is accepted this day of OC46PA )2007. Grantee: Barnstable L d Trust,Inc. Thomas J, en,President Joseph awley, reasurer BarristaV15,11find Trust,Inc. Barnstable Land Trust,Inc. COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. // 0 ,cQ/L ,2007 Then personally appeared the above-named Thomas J. Mullen, President, and Joseph Hawley, 'Treasurer, Barnstable Land Trust, Inc., the corporation named in the foregoing instrument, and proved to me through satisfactory evidence of identification, which was personal knowledge of identity, to be the persons whose names are signed on the document, and each acknowledged he is duly authorized to act on behalf of said corporation, that the seal affixed to said instrument is the corporate seal of said corporation and each further acknowledged the foregoing instrument to be the free act and deed of said corporation, before me. /XA.4,�� g 0!'! Mark . Robinson,Notary Public My commission expires: 2 August 20 3t:, '► i p. � �• ....Vic:'��; 17 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA APPROVAL OF TOWN COUNCIL At a meeting duly held on d C) 2007, the Town Council of the Town of Barnstable, Massachusetts, votdd to approve the foregoing Conservation Restriction to Barnstable Land Trust, Inc., pursuant to Massachusetts General Law Chapter 184, Section 32. TOWN OF BARNSTABLE TOWN COUNCIL -�--, Janet Jogdm,President COMMONWEALTH OF MA ACHU EL Barnstable, ss. ,2007 Then personally appeared the above-named Janet Joakim and proved to me through satisfactory evidence of identification, which was personal knowledge of identity, to be person whose name is signed on the document, anA acknowledged the foregoing instrum kt.,W Ek to be her free act and deed, on behalf of said To of Bam a Town ouncil, eforQr "' !o !4 14 ..+ oilk Public � My commission expires: P LINDA NOTAA`r PU811� ���. C MJACNWE&1N Of MA MO PAEM My Comm.Exotles Dec.3,2010 18 MILL POND CONSERVATION RESTRICTION W. Barnstable,MA APPROVAL OF TOWN MANAGER I, John C. Klimm, as Town Manager of the Town of Barnstable, Massachusetts hereby approve the foregoing Conservation Restriction to Barnstable Land Trust, Inc., pursuant to Massachusetts General Law Chapter 184, Section 32. TOWN OF BARNSTABLE TOWN MAN ER John C. K111D6,Manager COMMONWEALTH OF MASSACHUSVTS Barnstable, ss. 2007 Then personally appeared the above-named John C. Klimm and proved to me through satisfactory evidence of identification, which was personal knowledge of identity, to be the person whose name is signed on the document, and acknowledged the foregoing instrument to be his free act and deed,before me. - s✓ Notary Public �•r . � � .� �' is My commission expires: _- �, =:ofc� UNDA• N E. N COMMOK. 19 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA APPROVAL BY SECRETARY OF ENERGY and ENVIRONMENTAL AFFAIRS COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of the Executive Office of Energy and Environmental Affairs of the Commonwealth of Massachusetts,hereby certifies that the foregoing Conservation Restriction to the Barnstable Conservation Trust has been approved in the public interest pursuant to M.G.L. Chapter 184, Section 32. Said approval is not to be construed as representing the existence of any pre-existing rights of the public,if any, in and to the Premises,and any such pre-existing rights of the public,if any,are not affected by the granting of this Conservation Restriction. Date: Z ,2007. Bowles, Secretary Executive Office of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS Suffolk,ss. 1, ,2007. Then personally appeared the above-named Ian A.Bowles, Secretary,Executive Office of Energy and Environmental Affairs, and proved to me through satisfactory evidence of identification,which was personal knowledge of identity,to be the person whose name is signed on the document and acknowledged to me that he signed it voluntarily as Secretary of Energy and Environmental Affairs for the Co wealth of Massachusetts, for its stated purpose. 0 otary Public ,,�ptttlnurn„ M commission expires: ?A 157 '%,J�f�►for+.•''� ry'���Wk Jl 1111111 iN��ti`: 20 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA CONSERVATION RESTRICTION on Land owned by Walter W. Ungermann in Barnstable,Massachusetts EXHIBIT A Description of the Premises The Premises subject to this Conservation Restriction is located in the Village of Barnstable, Town of Barnstable, County of Barnstable, Commonwealth of Massachusetts, and comprises approximately 25.24 acres of registered land,more or less, and is all of the land shown as: Lot 1 and Lot 2 and Lot 3 on Land Court Plan 42883A Within the Premises are two areas entitled BuildingEnvelgpe, within which certain reserved rights are permitted under this Conservation Restriction that are not otherwise permitted on the remainder of the Premises. Said Building Envelopes are shown on sketches attached hereto as Exhibit A-1. Said sketches show the Building Envelopes in substantially their correct locations, subject to the subsequent recording of a stamped engineering sketch giving the exact metes and bounds of said Building Envelopes. 138»l For Grantor's title, see Land Court Certificates #d37 registered in the Barnstable Land Registry District. Street Address: 245 Willow Street, (West)Barnstable MA. Town of Barnstable Assessor's Map 131,Parcel 22 21 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA EXHIBIT A-1 Sketch of Restricted Area and Building Envelope I 22 MILL POND .. R Conservation Restriction Barnstable MA of 3 Sketch Plan of Restricted Premises J a cam. \. � '�� 'CANE' ' �3�.• '• �' �' �'�� b4:d � z� ., ag a • \ \,\ate 00 j n.rnw '� .vim AU �•\ \ 4r.p � mn qqg�I - •3��1t� S �ti ? r r, a • pp d,00�Of�I-S% --. iooZ77. � ;A St fix f�obl N -ice• 1 \ s z Nz� 1 C<b,LLzBdf S;% ,S A i s j O)p �4' fit 4 \d � E o .a The Compact -2z A Cod Conservation (rusts, Inc. i m / d ui o L07- Z LOTN N666"E 2p•�1� $ r Svc Av- sfane way 4600 otas *t xb1% 4A-1 pa9� 3 eF 3 GR1�, +� • 60 30 0 60 N�4.4>IOE� Sw1PE LM W&W �Fd £. f r •" N o00. l t o nve� N P e � +� o OF, 0044 M vl r , i -AND .AND n SM 4.27 A AREA e` 8 SET 4.07 A 737 �, o a 8.34 A -' - 36>� FOUR N SE , h 20-41 RAIL zoo. do T SHOWN. 13AP34 � 407 .1 t . �T Z �O T3 zQ e MILL POND CONSERVATION RESTRICTION W.Barnstable,MA EXHIBIT B BASELINE DATA AND NATURAL RESOURCE INVENTORY for a CONSERVATION RESTRICTION granted by Walter W. Ungermann to Barnstable Land Trust,Inc. over 25.24 acres on.245 Willow Street West Barnstable Village,Barnstable County Massachusetts Prepared by The Compact of Cape Cod Conservation Trusts, Inc. Barnstable,MA September 2007 23 MILL POND CONSERVATION RESTRICTION K Barnstable,MA EXHIBIT B In compliance with Section 1.1 70A-I 4(g)(5)of the federal tax regulations,the undersigned acknowledges this natural resources inventory(herein referred to as Exhibit B and its Appendices)to be an accurate depiction of the Premises under Conservation Restriction at the time of the donation: Grantor: Walter W. Ungermann COMMONWEALTH OF MASSACHUSETTS Barnstable ss. 2 2007 Then personally appeared the above-named Walter W.Ungermann, and proved to me through satisfactory evidence of identification,which was personal knowledge,to be the person whose name is signed on the document, and acknowledged the foregoing instrument to be his.fre��i and deed,before me. ark . Robinson,Notary Pub My c7hmission expires: 2 August 201 . 'V�••••• r•.. MILL POND CONSERVATION RESTRICTION W.Barnstable,MA EXHIBIT B In compliance with Section 1.1 70A-I 4(g)(5) of the federal tax regulations,we the undersigned acknowledge this natural resources inventory(herein referred to as Exhibit B and its Appendices)to be an accurate depiction of the Premises under Conservation Restriction at the time of the donation: Grantee: Barnstab a Land Trust Thomas J. WrI96,President JosephYiawley,lWeasurer Barnstable Ladd Trust,Inc. Barnstable Land Trust, Inc. COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. Q� , 2007 Then personally appeared the above-named Thomas J. Mullen, President, and Joseph Hawley, Treasurer, Barnstable Land Trust, Inc., the corporation named in the foregoing instrument, and proved to me through satisfactory evidence of identification, which was personal knowledge of identity, to be the persons whose names are signed on the document, and each acknowledged he is duly authorized to act on behalf of said corporation, that the seal affixed to said instrument is the corporate seal of said corporation and eacl further acknowledged the foregoing instrument to be the free act and deed of said•corpo ;�.., before me. Q� � .�• • � � ti� i;�rya 4kq. binson,Notary blic My commission expires: 2 August 20�3d't%y1 a 25 MILL POND CONSERVATION RESTRICTION W. Barnstable,MA EXHIBIT B CONSERVATION RESTRICTION DOCUMENTATION REPORT SUMMARY SHEET A. Restriction Name: MILL POND(Ungermann) Date: September 7, 2007 CONSERVATION RESTRICTION State: Commonwealth of Massachusetts County: Barnstable Town: Barnstable Village: West Barnstable Title to Land: Barnstable Land Registry District Certificate of Title#IftS;; 13 m) Plan of Record: Barnstable Land Registry District Plan #42883A (Sheets 1&2): Lots 1, 2 &3 Present Owner: Walter W. Ungermann 245 Willow Street West Barnstable MA 02668 B. Description of Premises Location: 245 Willow Street Directions: Route 6A to Willow Street, south to#245 on right Acreage: Total Premises 25.24 ac. (per 1991 survey)(27.3 acres,per town assessing records) upland 16.09 ac. wetland 9.15 ac. building envelopes = 40,000 s.f. (0.92 ac.) + 60,000 s.f. (1.39 ac) = 2.31 acres upland restricted area = 13.78 acres upland+9.15 acres wetland=22.93 acres total USGS Topographic Quadrangle: Sandwich,Mass(7.5 minute series), 1974 Longitude: 70°23' 01" Latitude: 41°42' 28" Abutting Properties: North: Mill Pond(Great Pond) East: mill stream South: Willow Street(town scenic road) West: Apollo Drive(residential subdivision) Man-made structures/improvements: footpaths; mowing; fieldstone walls; mosquito ditches; 26 MILL POND CONSERVATION RESTRICTION W. Barnstable,MA lawns; house,barn, garages,horse fencing,riding ring,old cranberry culverts,water hole, fire pit; fish ladder, old bog road; unauthorized small craft storage Physical Environment: Flat to moderately steep to pond Major Habitats: pondshore; freshwater stream;maple swamps;beech/maple/oak forest; meadow Potential Threats to Premises: forest succession; invasive species; residential development C. Intended Frequency of Monitoring Regularly,or as needed,to be performed by Barnstable Land Trust. Prepared By: Mark H. Robinson Executive Director THE COMPACT OF CAPE COD CONSERVATION TRUSTS,INC. 3239 Main Street, P.O. Box 443 Barnstable,MA 02630 I certify that between September 7, 2007, the date of this baseline documentation, and the date of recording, that the description of the Premises has remained substantially unchanged. Marc H. Robinson A. BACKGROUND INFORMATION In Summer 2007 the Grantor approached the Barnstable Land Trust about his interest in conserving a large portion of his property abutting Mill Pond. The intent of the gift of this conservation restriction is to help to preserve the various habitats on the Premises,including the pondshore,streams and woodland and wetlands in their natural state,and to prevent any large scale residential use that would significantly impair or interfere with the conservation values of the Premises,while allowing for continued residential occupation. B. ENVIRONMENTAL FEATURES 1. Geology and Topogaohy: The Laurentian Ice Sheet retreated approximately 15,000 years ago as the Cape Cod Bay glacial lobe melted away. The Premises resulted from glacial lake deposits when the Cape Cod Bay glacial lobe receded behind the Sandwich Moraine ridge. The Premises rises over 40 feet from the surface of Mill Pond, with a fairly uniform slope from the dwelling (at the high point 52 feet above sea level) to the pond (at elevation 11 feet above sea level.) (See Appendix B and Appendix N.) No significant manmade alterations to natural topography are indicated except for a few vegetated remains of borrow 27 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA pits used to sand the now-abandoned cranberry bogs. 2. Soil: Based on the MassGIS soils data layer,derived from published soils surveys of the USDA Natural Resources Conservation Service,the Premises consists of Carver coarse sands in the upland soils,which are characterized as very sandy and well-drained with a depth to groundwater of greater than six feet. Freetown muck comprises the wetlands on the site. The haphazard stone wall along the western side of the Premises is obviously of very local origin. 3. Water Resources: Mill Pond is a Commonwealth Great Pond of 17 acres in area and shallow(about five feet deep). (See Photos#7, 8, 9& 10 in Appendix G.) A Great Pond is one whose pond bed and waters are owned by the Commonwealth under the public trust doctrine,rather than abutting private property owners. While there is no formal, lawful access way laid out for the public to reach Mill Pond, the Town has an easement to reach the fish ladder on the Premises from Mill Lane, and unauthorized users enter the Pond from the adjoining railroad tracks and a trail off Gemini Drive(see Appendix M.2 for the latter.) Mill Pond is of historic importance, lending its name to the long-gone Jones Mill at its outlet stream,the site still evident by granite slabs and sluiceways at the NE corner of the Premises. The proximity of the freshwater offered by the pond and its springs and the Great Marsh and harbor below, enabled the establishment of colonial saltwater farms here. Mill Pond is said to be one of only four"spring-fed"ponds in the Barnstable/Sandwich area(meaning their water source is artesian in origin, rather than simply a reflection of the ground water table.) One of the artesian spring areas is located at the extreme northwestern comer of the Premises in a small dug-out section of the pond bank off Gemini Drive(see Appendix M.2 and Photo#35 in Appendix G.) Mill Pond is acknowledged as an anadromous fish run for alewives and blueback herring, though its viability has varied in recent years. The Town has renovated the fish ladder into the pond within the past five years. Informal attempts to restore the herring to the pond have not produced reliable results as.yet. (See Photo#12 in Appendix G.)The pond is used locally for panfish fishing. It is also used for canoeing,kayaking and ice skating in the winter by neighborhood enthusisasts. A vigorous freshwater stream draining the maple swamp on the"1776 South"Town Conservation Area(behind the W.Barnstable Fire Station)flows through the eastern side of the Premises(See Photos#11, 13 & 15 in Appendix G.) Sometimes known as the Jones Mill Stream,it averages about ten feet in width and one to four feet in depth. Its bottom varies from sandy/pebbly in fast-moving sections to.sandy/weedy in sluggish sections. This stream joins with the Mill Pond outlet stream at the NE corner of the Premises and flows to Boat Cove Creek as one of the freshwater tributaries to the main stem of Scorton Creek in the Barnstable Great Marsh. It powered the Jones Mill from 1840-1880. The dwelling on the Premises and any future dwellings will rely on private, on-site shallow wells for potable water supply for the foreseeable future. 28 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA 4. Vegetation/Habitat: There are multiple upland and wetland,open and wooded wildlife habitats on the Premises. As such,the Premises offers a variety of habitat for nesting, feeding and cover for a presumed diversity of Cape Cod fauna. The field habitat on the Premises(essentially the plateau in the Premises' interior which it over 40 feet above sea level),once much more abundant in the past on Cape Cod, is now rare in the county. Between 1951 and 1990,Cape Cod lost more than three-quarters of its remaining pasture land or meadow habitat,in part due to residential development and in part to forest succession. By 1990,only 0.27%(one quarter of one percent)of the county's landmass consisted of pasture.' Meadows provide.habitat to species of plants and animals not found in shrub or wooded areas.In 1998,The Compact published Cape Cod Wildlife Conservation Project:Narrative Report,Z which stated: Cultural fields[meadows]are open upland habitats,which include a mixture of native and introduced vegetation. These habitats often support a wider range of species than native grasslands,which have a more specific species makeup...Often there will be a wide diversity of flowering plants which attract insects,birds,and mammals which feed on the herbaceous flowers,seeds and foliage. If left alone,cultural fields will transform into a wooded habitat through the process of natural succession...Younger, more open fields[ed. note:such as the Premises]will support species,which use open habitats including meadow voles,rabbits,deer and raptors. With mowing in this habitat limited,the field provides excellent forage for animals. Common milkweed patches in the meadow(see Photo#31 in Appendix G) offer prime feeding and nesting habitat for monarch butterflies. The Grantor have agreed to maintain the field with a mowing regime in order to preserve this dwindling and important open habitat. No fertilizers or pesticides will be allowed in the meadow,in order to prevent their intrusion into the waters of Mill Pond. The meadow is ringed on all sides by a wide(100 to 200 feet)band of undisturbed, thick woodlands, more deciduous than is typically found on Cape Cod. The forest canopy includes white and black oak,red maple,black cherry,tupelo,birch and beech. The pondshore bank is stable and anchored by oak,maple,beech,alders and tupelo. (See Photos #17, 18 & 19 in Appendix G.) A true grove of American beech is found on the NE half of the pondshore(See Photo#17 in Appendix G.) Pitch pines and occasional white pines offer coniferous diversity in the southern half of the Premises. One immature American holly(5" dbh)was found on the south edge of the meadow. Some black locust is found on the south and eastern sides of the Premises. 1 The typical understory in the upland forest consists of viburnum,highbush blueberry, bayberry, fox grape and greenbriar. Sweet pepperbush,wild raisin, swamp azalea,pussy willow and speckled alders are shrubs found closer to the wetland edges. Along the driveway,evidence of human use includes the gone-wild plantings of forsythia,honeysuckle, creeper,millet,pasture rose,bramble and red cedar. Invasive plant species are not widespread on the Premises, though spots of Japanese knotweed,bittersweet,honeysuckle, smooth and staghorn sumac are found. "The Land Cover and Land Use of Cape Cod,1951 to 1990,"by Thomas Stone,in Environment Cape Cod:A science based management journal,(Barnstable MA,1998). s Cape Cod Wildlife Conservation Project:Narrative Report,The Compact of Cape Cod Conservation Trusts,Inc.,(Barnstable MA,1998)p.32. 29 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA Groundcovers include checkerberry, ferns,wild sarsaparilla,poison ivy,brambles, dewberry, and in the wetlands, skunk cabbage, sphagnum,jewelweed. The pond edge is characterized by a wide band of sedge and water willow beneath shading sweet pepperbush, viburnum. Cardinal flower,an uncommon streambank plant,was found in blossom and photodocumented. (See Photo#13 in Appendix G.) Below the ring of upland forest is a complementary band of freshwater wetlands. The wetlands were working cranberry bogs probably.in the first half of the twentieth century, though were locally known as poor producers with the exception of the bog in the NW corner draining directly to Mill Pond. This old bog is now a red maple swamp with numerous gray birches,black cherry,highbush blueberry,viburnum and tupelo. (See Photo#24 in Appendix G.) Its central ditch(shallow and dry in Sept. 2007)exits the bog through a (clogged)concrete flume(see Photo#25 in Appendix G) into a much deeper ditch(over 6 feet deep in parts). The other wetlands are connected through a series of ditches and drain to the mill stream. The uppermost bog(SW corner of Premises)has sphagnum moss and jewelweed in addition to the maple and white pine and alders and viburnum and highbush blueberry. (See Photos 22 &23 in Appendix G.) It is unclear whether the downstream area was cultivated as bogs(the 1973 survey plan shows a distinction between the uppermost wetland as"cranberry bog"and the lower sections as"marsh.') One former nearby resident believes there were working bogs throughout the swamp within the last 50 years. (See Appendix E.2). No formal faunal inventory was conducted. C. MANMADE FEATURES/DISTURBANCES Other than as described herein, there are no structures or foundations on the Premises. While undoubtedly part of a larger colonial farm,there is no evidence that the Premises was occupied residentially prior to the Grantor's development of the horse farm in 1989. The cranberry bogs were abandoned long before 1989,though they show as bogs in the 1973 survey plan. Building Envelope #1: The main house, barn and adjoining detached garages are served by an unpaved driveway over a bridge/culvert from Willow Street. The stone wall.in front of the house was built when the house was developed after 1989. Building Envelope #2: This area is presently mowed field studded with individual trees,mostly pitch pines and linden and beech. Restricted Area: An overgrown bog road skirts the NW bog leading from the driveway to the Pond. Remnants of the fireplace associated with the long-gone bog house at the SE corner of_the NW bog(see 1973 survey plan) are said to still exist. A dilapidated stone wall runs along the west side of the Premises with the common boundary with houses on Apollo Drive. A foot trail used by trespassers runs from the pond outlet stream over the fish ladder onto the Premises providing them with access to the fire pit and along the pondbank down to the pondshore. The firepit (see Photo #16 in Appendix G.) is an area of informal logs surrounding a campfire spot using the borrow pit as shelter. The Grantor does not sanction use of the firepit by himself or others. A dike serves to connect the Willow Street frontage to the upland area on Lot 2. 30 MILL POND CONSERVATION RESTRICTION W.Barnstable,MA The outlet stream includes the wooden fish ladder maintained by easement by the Town and the manipulated flumes used by the long-gone Jones Mill. (See Photo #33 of Appendix G and sketch in Appendix M.1) Trayser's seminal history of the Town of Barnstable says,"the grist mill known in the 1800s as Jones' mill, Otis thinks may very possibly have been built by Thomas Dexter who bought land bounded in part by the Mill Pond about 1650. He had built the first grist mill in Sandwich before buying land in Barnstable."3 (The Dexter Mill in Sandwich still operates next to Sandwich Town Hall.) An unauthorized foot trail leads from the end of Gemini Drive to the west of the Premises and crosses over the Premises at its extreme northwestern corner. (See Appendix M.2 and Photo # 34 in Appendix G.) This trail terminates at an informal plank boardwalk across the vegetated wetland to the pond edge. About a half dozen small craft (canoes, kayaks) are stored at this terminus, presumably by neighbors not realizing or caring that the land is owned privately by another (the Grantor, in this instance.) The Grantor is aware of and tolerates this encroachment, as a neighborly gesture,but can withdraw it at any time. D. REPOSITORY This Conservation Restriction,including Exhibits A, A-, and B,without Appendices, is to be recorded in the Barnstable Land Registry District. Full copies of the recorded document and all Appendices will be provided to the Grantors, Grantee, and Town of Barnstable. APPENDICES A. Regional Locus Map B. 1974 USGS (GIS)Topographic Locus Map(Sandwich Quad) C. Town Road Locus Map D. 2006 Town of Barnstable Assessors Locus Map E. 1. Land Court Plans of Record, 1992 (2 sheets) 2. Subdivi$ion Plan of Record, 1973 F. Property Title G. 2007 Photo Stations Map; Site Photos H. 2007 Sketch Plan of Restricted Area I. Barnstable Harbor Area of Critical Environmental Concern J. Aerial Photograph K. Statewide Land Conservation Plan L. Priority Habitat Map M. Manmade Features,inc.Jones Mill and Gemini Drive Trail N. Site Topography 0. Habitat Types 3 Trayser,Donald.Barnstable:Three Centuries of a Cape Cod Town,(Hyannis MA,1939),p.452. BARNSTABLE REGISTRY OF DEEDS 31 �4 ir if Ea r , : . 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Sidewalk 1 x 10 Eastern Vjhite Pine Shiplap Trim: All Pine I Doors and Windows:As drawn(unless specified otherwise by customer) There will be a 2x8 pressure treated decay barrier band placed arourld the entire building directly below the siding 27 2• Venting:Soffit vents 2'0'O.C.,Full length ridge vent Cupola As drawn with windows IPwsmM 1 r r` j�11M'Nwp irMdirrf.+' j ' TnkN-619 O"W guy arises i • S.. V � • ALL R1GM n, �YSSYSTS.111C r� mER"'% III IIIIIIIII �tlllllll� (IIIIIII IIIIIII I+++!+III II •.. lii�ii I ii i�� 1.111I1I:I::� IIIIII :IC.:.j.i(l:u ll!u�►�(� II l•: I.■ I I.■ I (.� one Ell o -psi I IIIIII r�I,` - -- -- ---- -- -- - - - --- - -- - of vI;I I 33 ll IIIIIII:. II L12-1. Il{I�OII „�,e',; I:��II ;(::ill ,ia- ---- .�I I (IIII `...."�,;\�"' Yl ,; II � �il�lll % IIIIII r Trim: All Fine r Nws and Windows:As drawn(unless speclf led otherwise by mtwwi,; There will be a W pressure treated decay bawler band placed arc"the entire building directly below the siding — 27 2• Venting:Soffit vents ZW O.C.,Full length ridge vent Cupola:M drawn with windows SW mail E4$WA WWI$PIN snob► I i TyNtsl-4/4 Oovh W4 wIrOwf IONCN T»"-6/2 Owb ft4 whitlows ��Cq i DKayOrHw - �tton } � I ALL RIDES RMVED • � eo for teF�oeue� .a�nfsrs�ys.tlrlcc. ` Fleldl tingerman Tm d klld a.: Stal l Barn Du:7/17/89 Scale:1/84 Exterior Elevations NAIL MILL PONDS1=T ARNN C.� - _ °FNrR �j A/ 3j835 - S8a,, .360,9,� Q�s / `'sass sq A GREAT POND 325'+ �2; T1 .-�- �X.<_0 N83°02'39"E �G D 1 i SHAPE LINE 309.05 �` ----` / --• =-•-�• ' e I F� -`-� SHAPE LINE 143.06 23.16 ROBERT B KATHERINE McCUTCHEON \_ _ !� BOOK 2162 PAGE 263 �Oa qP O � •O J ,/ // �l Ne 12 3 ' , � �SFE t) r '� ��'°�� ' C.B.lD.H. \ /FND. S \� 2��"8 46'?1"E n� ' '�@ / �P`� .`� rVAIL OFF 2 ��- .�� h'9A� \NNE ��`171.9,1 0 l`�. °Q�O FND. S LOCUS MAP ® \6o N83 MILL r AND ° SCALE 1 , 25c�0o o• �, OE � 02'39"E o c�a s. �' \ / �•�;�� / ?p _ jam_ - ' so 23.16 ZONES R.F. 8 A.P. ��•` ck� '� STK T o �' ,j' gc° 0, p• ASSESSORS MAP 131 SET /F *` /; � 0 S40`3� ; :� ,- PARCEL 22 O; 18,2Q / •0 O (n S66' 0'53•'E A �' \��g•. /��`� ��, / �. 2r�5 3, O O' c�' i = 39.14 / c� g O S, N27 26'59"E �O 2+8> o: �, ° 15.40 O /'l �, g` 5B8 28'24"E .. 7 E� tS 2 O `S'T 22.26 N33°06 45 E 1101, D.H. O O. FND.'/ / \ 33e' 'p�'y � '/' ° 24.00 j-- ,O��E Off/ _ STK 'b _ 565 41.17"E A QD ti 33. / S%4-o1&8"VV _ �'_t_ =` ` SET FC `., :;;', l-3l.53 PM 00 /-- - -__ C.B./D.H. lD.H. p� R� 19 � �O. Not" S� FND. Lu CL C �67*24*25*'E37 \ �x --- 'I / O J i/ 2+ `J 30.25 % oo`` I DIANE B. CYR �� / ;� �� / ` °� / \° I' �� ' •00 00. PLAN BOOK 233 PACE 19 „ �� LOT Q L N N CST LIST ! , ( Z •� - 7.88 ACRES± UPLAND 4.24 ACRES+ UPLAND _- ,-' 4.27 ACRES•* UPLAND J 4• nrl�l OO ti i", E I" -40' 5 •� / �- �` ,/ � 4.16 ACRES± WETLAND 0.92 ACRESt WETLAND SEj' 4.07 ACRES+• WETLAND // / lx�o ��' '� q�p .!, 1 i 12.04 ACRES_ TOTAL AREA + TOTAL AREA 8.34 ACRES± TOTAL AREA 3i4,60 e 6 c s c.e./ SEAL \ 60. „ -•,-�' + _ - 5.16 ACRES_ 1*,�� !w5\ OS FND. \ _ N69 23'16"E \_ SE .46�; Qa/Q - 1 352.50 E 4' c 58 0.9 f \ �� �� \ 326.55 Epp--- STK. M/ C/,y AS�A�C<'r{ s6- sETs ('� C.S./ SEAL 0� ti "`"`;.•--�_!��8/°0871'E STK. N6� - V �Pp� ��, �o FND. E C•B.1D.H. `;�` \\\----`"" 26-_7•.46 ED41 � SET� ZO•`�1 l.pp w 75 Tod _ NOTE *' F, o FND. �� �- o OFF 2 5�0�� ",o OFF _ o? �J ., 9 �, Q��2 �,' `;� `;� 1 � EXISTING NEW POST & RAIL } cu 0 w 0, C.B./D.H. ��° C.a./Dx �O � N, -;III. LIVESTOCK FENCE NOT SHOWN. t O O 50 / `•.. Ot0 ¢FND. OFF 2 C9. FND.OFF , •9 i���i� • ^-�- ��N m pARN _ ��Q �' /p ��� NN, z 75 i' i I`w- /� �0�5'S p'/. TOMAS 4. 8 ABIGAIL G. MENARD �QY)u . JAMES B. 8 ANN S. CRADDOCK i / \ m 19• I �'' �� BOOK 5681 PAGE 330 " _� o ti PLAN BOOK 273 PAGE 43 NA/L '� � BOOK 5183 PAGE (25 00 � \ \� N / p 4 ....� FIND. u� \ �\ O / >A SET ,Ia3 NAIL ; � \ � EXISTING p SET / 23� �� �'E�ClNG I 1 p Op �� s� ,' ,, NAIL CQ ,6 I qp�� \� ��0� 21.93� N o �p 50� G ca0 FND, C WE SS � w T - ® JOHN A. MAR CIA 1 OVERGROWN �i �i 5/ �P / 23 �� ,r► BOOK 3488 PAGE 90 BOG �° a �' 3 0 ` •O\\ �� ! //�SPQE .��P O.00 �, "0/36 EUM , i o fcR 2 JOHN A. PET® ` \� SHE E ES �, �,,•® �'' �`S, �, \ ACRF5 't-' S�PE ✓_1Ne 20 6 OF / �P\ p�,� .�'� S r�FIj 4.B AQE # �6g0.6`� 9Q•o.5� �pGE / . ��'. p C. EDWARD JEFFRESS E J� `~- -- ` 2 BOOK: 1406 PAGE 875 000, FREDERICK a SHARON CLAUSEN BOOK 2793 PAGE 301 / ` OVERGROWN BOG / C.B./D.H. NAIL �� 1 ! '-'' _;_ FNDco ` SET J tLo C,B./Dx 1 WATER __ / � f 87.37 OFF 0 HOLE - / 1 C.B.lD.H. C.B/Vji c* 5� 1 FND. \` �- '�� � /- m o • OFF .\ ^~` N CFF' oN NBe° `/' F / N / C�Q " � •� � DOGE• -� C� �-• N �i ,L.' 5 FRANCIS NAPOLi h ,� CONC. ' 0o BOOK 6665 PASE 216 ��?`. BRIDGE •/ \ UNDER DRIVEWAY cv/ -0 •� /, C.B./D.H, ` � 3 \ ' . / FND. OFF o m10, HOWARD 8 JEANNINE MARSHALL BOOK 5631 PAGE 326 PETITION m LAND �N OVERGROWN BOG rn C.B. =C 01D H. / C.B.ID.H. 09�}5 �� PLAN OF . �...�\�D �'.'' O• `� B /D.H. / = 0 FND. ° I STK. ,/ !z, O , �` FND. NAIL 5 FND. A 160,0 556 SET / X. Pam1 �� , '� SE. T ELM 13_9;?. - 42 EDM A_ IN \ ,�" ` S�6°00.52"W E0.35- _ ,54 R=1302. le!!� 180.25 _.. = ".li T 12e.0! T r 0 0 - a' �-° i '-- °14'p7"w 20 I S75°43'40"W 439.72 EDM - NAIL cr1 w !� S 7 NAIL SEAT A n R !6 T TC�EETNAILSFTB R N S TA B L E t wFs� ... I.�iaa�RNSTADLE ) MASS WILLOW- 1 ISET P O.L.BETTY J. NYDAMof . P- g9,ol P.O.L. .t BOOK Ii315 PAGE 350 '� gg 36g 8! EO% wp;Y SCALE I" ; 60' NOVEMpER 4, 1991 --• 82� / TOWN I CERTIFY THAT THIS ACTUAL SURVEY BAXTER 'w•' F.1C, " m a C•B.FND.H• __ 'I NOEF�NEa WAS MADE ON THE GROUND IN ACCORDANCE REGISTERED LAi ;? � EYORS \) _ � W10E WITH THE LAND COURT INSTRUCTIONS OF alb 0 0 ,�_ BARNSTABLE PLANNING BOARD1989 ON OR BETWEEN JANUARY 5, 1981 CIVIL ENS!.. � �.%u AND NOVEM EI3 5 1991, OSTERVIL. ,., NAIL/ �SF_T NA IL PaL• APPROVAL NOT RE UIRED UN DATE ; __ Q DER � � C � � �c'', ��,�1�•• --•- , :.�., ERROR OF CLOSURE THE SUBDIVISION CONTROL LAW. i 1• S34°56'22"W 0.114' -- '� I' IN 45 727 DATE : "` �_ ..__ REGISTERED LAND SURVEYOR MAY 1 [006 1 �1s V9 y d 812 MAIN STREET TOWN OFBARNSTABLE ST� OSTERVILLE, MASS. 02655 - � _._�:.mTORIC PRESERVATION G {•{� , . �; ��'� �� , DEED REF. BOOK 6741 PAGE I68 PETITICP,IERS : WALTER W. 8 HEIDI UNGERMANN ( 508 ) 428-9131 BOOK 7672 PAGE 274 L.C. 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