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HomeMy WebLinkAbout0167 ARROWHEAD DRIVE The Town of Barnstable &UM T"LE. 9� ,6 9. `0� Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 f Ralph Crossen Fax: 508-790-6230 r Building Commissioner April 12, 2000 Mr. & Mrs. Ronald M LeFrancois 138 Maple Drive Tiverton,RI 02878 Re: R270-184 % Lincoln&Arrowhead properties Dear Mr. &Mrs. LeFrancois; Please be advised that I have reviewed your request to determine buildablility on developer's lot number 65, located on Arrowhead Drive. I have consulted with our legal department in order to afford you every advantage. Unfortunately, I find that the operative phrase (being"tenants in entirety") does not constitute separate ownership. The legal requirement specifies that dominion and control of both properties must clearly be separate and apart. Therefore, the information you submitted is not sufficient to warrant a favorable decision. I will be happy to reassess my evaluation should you provide me with a valid legal argument justifying such action. Sincerely, Ralph Crossen Building Commissioner RECEIVED March 15, 2000 MAR 2 8 2000 TOWN OF BARNSTABLE BUILDING DIV. Mr. Ralph Crosson, Building Commissioner Barnstable Town Office Building 367 Main Street Hyannis, MA 02601 Mr. Crosson Thank you for taking the time to meet with my wife and I on Monday, March 13, 2000. As I indicated at that time, I would like to request a determination by you on whether a house may be built on the lot we own on Arrowhead Drive in Hyannis. The lot in question is listed in the Assessor's Office as ID#270-184. As you requested, I have enclosed a copy of the plot plan of the area and copies of the deeds to both the lot and the house we own on Lincoln Road. That house is located on the lot immediately to the rear of the lot in question and is listed in the Assessor's Office as ID#270-045. Since the lot is"sub-standard" and the house lot is contiguous, it seems that there is a question whether I may obtain a building permit for the lot. I find it difficult to comprehend how this situation could have come about. My parents have owned the properties since the 1960's and we purchased the house from them in 1983. They continued to live there until before my father died in 1998 and then my mother passed away just this past year. In 1984, they essentially gave us the house lot on Arrowhead Drive with full expectation that we would be able to build on that lot. If the Town of Barnstable has changed that status, I cannot help but feel that it is guilty of a breech of an agreement made in good faith. When my parents purchased it separately from their house years ago, it was with the understanding that it was a separate buildable lot of record approved by the Town. That has been reinforced by the fact that the town has continued to tax the lot on the basis that it is indeed a separate lot. Over the years, first my parents and then I have paid those taxes in full. I have enclosed a copy of the most recent tax bill in that regard. If, in fact,this lot has not been a separate buildable lot of record, one might even regard this breech as a fraudulent effort to collect taxes that are not due. Since we live out of state, and my parents were elderly and were also unaware of the changes in building regulations,we have had no way of knowing about them to take appropriate protective action. Furthermore,I am certain that changes in regulations such as these by other communities also carries a"grandfather"provision to keep faith with prior commitments. At the time we met, you indicated that you and an attorney would review the information and, in particular,the fact that the grantee tenants clause in the two deeds were different may constitute grounds for establishment of buildability. I believe this and the facts above do constitute sufficient grounds for that decision. I hope you will,agree that this case requires a favorable determination. If there are any questions you have or any additional information you need to make that determination,please feel free to contact me at the below address or telephone number. Since , Ronald M. LeFrancois 138 Maple Drive Tiverton, R. I.02878 Tel.: (401)624-8107 'Fax: (775)659-5590 e-mail: lefrancoisrm@usa.net APPLICANT buildability 270-184 Arrowhead Drive MAP& PARCEL D LOT YR Owner-Conveyance 270-184 65 1983 N&W LeFrancois- LeFrancois,R&J 270-045 47 1987 N&W LeFrancois - R&J LeFrancois subdivision plan L CT P 19680A Located in RB district Square footage 10,890 BLDMAPLE.XLS JQO P�47 OnL,J On lit DOMINANT ESTATE -�, ' 486 487 a k s in the civil and Scotch law,and later in ours,relating to be either"proximate"or"remote,"the former being the The t g servitudes, meaning the tenement or subject in favor of kind of title vesting in the purchaser when he ha s from hi which the service is constituted; as the tenement over acquired both the ownership and the possession of the disting' ' which the servitude extends is called the"servient tene- article,the latter describing the nature of his title when ment." That particular parcel of land that is benefited he has legitimately acquired the ownership of the prop In th is as a result of an easement on a servient estate. erty but there has been no delivery. IMminu ! } Possessor of dominant estate is entitled to benefit of See also Ownership;.Title. defectr uses authorized b easement. In such case easement is 'entis i -f y Dominium /daminiyam/. In the civil and old English said to be appurtenant to dominant estate. See also g kwowsl law,ownership; property in the largest sense,including.. n�,a Servient tenement. both the right of property and the right of possession or Dominant tenant. The person who holds the benefit of use, the pla t i is extir an easement. g property, guished from the The mere right of as distinguished Dominant theme. Within meaning of requirement that possession or usufruct. The right which a lord had in )�mrni before any material can be found to be obscene the the fee of his tenant. . i interes dominant theme of material taken as a whole must Sovereignty or dominion. Dominium maris, the sov- } attt s appeal to prurient interest in sex means prevailing, ereignty of the sea. i u i It governing,influencing or controlling idea. State ex rel. one wl Dominium. directum /daminiyam darektam/. In the self sup '�;a`' m Dowd v. "Pay the Baby Sitter", Com.Pl., 31 Ohio Misc. civil law, strict ownership; that which was founded on entire t' 208,287 N.E.2d 650,654. See also Obscene; Obscenity. i strict law, as distinguished from equity. In later law, tr•eatec Yt property without use; the right of a landlord. In feudal &Pow C ., f{ i t Dominate/domone /. To master,to rule,or to control. r+ {h �rry��Il., Humble Oil &Refining Co. v. National Labor Relations law, right or proper ownership; the right of a superior ' yl Board C.C.A.5, 113 F.2d 85 88 90. Domim or lord, as distinguished from that of his vassal or Dominatio/domaneysh(iy)ow/. In old English law,lord- tenant. The title or property which the sovereign in 'Downer 1 !� ! i I ! , , ship.' England is considered as possessing in all the lands of Domim Iil'"lid f Dominical. That which denotes the Lord's day,or Sun- the kingdom, they being holden either immediately or niin in mediately of him as lord paramount. not gig ��'r' day. w I (1'II}"1'I'!� Dominium directum et utile /daminiyam darektam et Domini Dominicide /daminasayd/. The act of killing one's lord yriwtaliy/. The complete and absolute dominion in minus i or master. property; the union of the title and the exclusive use. P6wtae Dominicum /daminakam/. Lat. Domain; demain; de m /daminiyam emanen(d)z/. Eminent cannot Dominium.eminens/damini _ . mesne. A lordship. That of which one has the lordship domain. Domita or ownership. That which remains under the lord's Applie immediate charge and control. In Domesday Book it Dominium non potest esse in /daminiyam n penen am an aN meant the home farm as distinguished from the holdings non powtest esiy in pendentay/. Lordship cannot be in of the tenants. suspense, i.e., property cannot remain in abeyance. — Domm if Property; domain; anything pertaining to a lord. In Dominium plenum /damini am li Douro ( � fr P Y P ynam/. Full owner ecclesiastical law, a church, or any other building con- ship; the union of the dominium directum with the -- lay fol secrated to God. dominium utile. of wh Dominicum antiquum /daminakam aentaykwam/. In Dominium utile/daminiyam yuwtaliy/. In the civil law, R 4 f old English law, ancient demesne. equitable or Dom. F ? C q praetorian ownership; that which ws< Ili w Dominio /domiyniyow/. Sp. In Spanish law, a term founded on equity. In later law, use without property: Domo i'"� d{�I corres ndin to the most tour lete ri ht of ownershi the right of a tenant. In feudal law,useful or beneficial ' es n 41 �tl t„ Po g P g p• _ It is derived from the Latin dominium (q.v.). Dominio ownership; the usufruct, or right to the use and profit` alto, eminent domain of the soil as distinguished DOrnm domain; directo, immediate own- gu' ed from the dominium directum law, ' ership; dominio util, beneficial ownership. (q.v.)or ownership of the soil.itself; the right of a vW t 'Long { Dominio or tenant. M E(f{ clit Generally accepted definition of"dominion" _ „ a� f is perfect control in right of ownership. The word Domino volente /domanow valentiy/. Lat. The owner t implies both title and possession and a being willing; '"Domuu ifS 1 r eC p p appears to require g g; with the consent of the owner. dent vv a complete retention of control over disposition. Eastex Dominus /domanas/. In feudal and ecclesiastical law,s 4J , ` Aviation,Inc.v.Sperry&Hutchinson Co.,C.A.Tex.,522 `f r` P rY lord,or feudal superior. Dominus rex, the lord the kmf ICU , r ! ) F.2d 1299, 1307. Title to an article of property which the king's title as lord paramount. Dominus caPitohs•e Odom, arises from the power of disposition and the right of chief lord. Dominus medius, a mesne or intermediste claimingit. ta:z lord. Dominus ligius, liege lord or sovereign. Sovereignty; as the dominion of the seas or over a sma t7' Lord or sir; a title of distinction. It usually denoted es territory. knight or clergyman; and was sometimes given m ��• t ri' In the civil law,with reference t0 the title t0 ro It specially �`' � ra i{ p pe y gentleman of quality, though not a knight, e which is transferred by a sale of it, dominion is said to he were lord of a manor. .y for r TOWN OF BARNSTABLE, MASSACHU:: 0 ASSESSORS MAPS t0. j� t4 �� o s 4c 'tea O 44% tr 4J O 7ti' o Si O ® '„+ iY` •�"� ro .ti ae 36 -.: -9244 Q W J4AC •PAC 0 s4 ! C .Ifs ;gA,ft OAP ® /O..t�- `® 3O4L• S.r � ,g � •fk. iS� � F ,,, 'CJ r r ,(,6� D r ,ip,e. �- �._ .8ewa .ar,�a © ;_`_.. ^ ro,.j•�� 0 lot Si! r y0 •ab, k JfaC. •ii w0 r +�0 0D •2B ec ,e,.11 W a b • ., ® a e Js 6 8 SfiC. gorAC orIf w 3-1 1� >oa�~ to. ® 2 0 1irim, ® T9 ,- ? a ® �; 4 t 5a sfaC w :.!a� y 101- T8 30,d6 ,o#. x '.23w< 1? tl'C © © ©' 'U,l W i ,o,. 0 ® ~ T ej f r 7�0 C. w w 142 'ol•td, ,?>4 J 4C. ,. ® �� •21 AC g ,+� as ° ••�t 8 ® ° ,✓J � 'L3-c, yqo AA z>K Js Y TJ 2fnC, J p y4 < A 'o Ia °7 r43 .St 2 , •Q04C. for-r) 0YS •Seyt � AC � 3,� lo,•r5 ' �1 © t� o °d.l $ �t 88 ® Zee ror ra a •lOwC. Q .Jo yes ��r f38 p 5a3 � @; i ti r.2 / c L for-8 j ! LGI '4 1 i0� •�c t9+� '� o,.,, yf� s jf4 ® i>� rGr h• 1 •1911C - 3oK ,s"a {i 'Pi.,ac. ror•) 'ar 9 O t t •rat `° r J 3 22 4c •34 .as— o d aRAC o •YOf er:'i ,12L �y Lfs © ` I < P. iSq �' 2`~i; ul /� ,rfK .8S2tC ~ w a O i"ElLFSrFY tt ^+ / St a w" Gf . L aim 'a C 4C 88 43471 C 101-4 do,_, Za> i • rsg 27 •Jew �s ® Zl •rgt , u t G•c a .134C ? ® •a0A• 3owL O l+• 1 Z 3t Tp Q /or•; Iy ® rG7 © dS4C O a>w� to,., O ac 8 S9 93 ® i40 r>,c za, Q e do; ,4 �C S 40� © .to4c. ,i'46 - LAB rJ o, 28 69 ts� f � `• '1)'cy:r " •,1c,r - 9 •tS,{G � b h•O�t a E>, 3�. ® Q t ,94 ir ® aG 0,6 s • ' /)a R04it lv,c 0 >C� g6 ® © r•• S ♦y I 9 N - ' /tj r -.. 4 o r>o LLV LS ° O •teat. -ov., ./04a /7j• , L yay zoo Y w raft A; ,a7►° 8r 8T of AC m Lwp r.. •b. I. Y .374C $AC O lot (( q,•L7 °fc• a'�i ; (►� • •/14rac A •'i a i7 h •� ,p _ 3t ® 't' w• I t38tt W `y r It4t r y�5 0 Li`.. a ✓i % 0 4 by v ; d ,L°° r?k- •38 is 3' _ •,•4c /7 > !jf �. 4i 0 =)L. 7r.�.► ~ 1i aG. w �� c r q 7.f t o •ea ? '• © ° 9T �d1 • Q 4 i f / April 5, 2000 Mr. Ralph Crosson, Building Commissioner Barnstable Town Office Building 367 Main Street Hyannis, MA 02601 Mr. Crosson: Reference is made to my letter to you dated March 15, 2000, a copy of which is enlosed herein. The letter was submitted in response to your request for information on which to determine the buildability of the house lot we own on Arrowhead Drive in Hyannis. As of this date, I have not received a response to that letter. Could you please let me know if you did receive the information, when a determination might be forthcoming, and whether you require any additional information. Sincerely, r Ronald M. LeFrancois 138 Maple Drive Tiverton, R. I. 02878 .Tel.: (401)624-8107 Fax: (775)659-5590 e-mail: lefrancoisrm@usa.net J, March 15,2000 Mr.Ralph Crosson, Building Commissioner Barnstable Town Office Building 367 Main Street Hyannis,MA 02601 Mr. Crosson Thank you for taking the time to meet with my wife and I on Monday,March 13,2000. As I indicated at that time,I would like to request a determination by you on whether a house may be built on the lot we own on Arrowhead Drive in Hyannis. The lot in question is listed in the Assessor's Office as ID#270- 184. As you requested,I have enclosed a copy of the plot plan of the area and copies of the deeds to both the lot and the house we own on Lincoln Road. That house is located on the lot immediately to the rear of the lot in question and is listed in the Assessor's Office as IN 270-045. Since the lot is"sub-standard" and the house lot is contiguous,it seems that there is a question whether I may obtain a building permit for the lot. I find it difficult to comprehend how this situation could have come about. My parents have owned the properties since the 1960's and we purchased the house from them in 1983. They continued to live there until before my father died in 1998 and then my mother passed away just this past year. In 1984,they essentially gave us the house lot on Arrowhead Drive with full expectation that we would be able to build on that lot. If the Town of Barnstable has changed that status,I cannot help but feel that it is guilty of a breech of an agreement made in good faith. When my parents purchased it separately from their house years ago, it was with the understanding that it was a separate buildable lot of record approved by the Town. That has been reinforced by the fact that the town has continued to tax the lot on the basis that it is indeed a separate lot. Over the years,first my parents and then I have paid those taxes in full. I have enclosed a copy of the most recent tax bill in that regard. If, in fact,this lot has not been a separate buildable lot of record,one might even regard this breech as a fraudulent effort to collect taxes that are not due. Since we live out of state,and my parents were elderly and were also unaware of the changes in building regulations,we have had no way of knowing about them to take appropriate protective action. Furthermore,I am certain that changes in regulations such as these by other communities also carries a "grandfather"provision to keep faith with prior commitments. At the time we met,you indicated that you and an attorney would review the information and, in particular,the fact that the grantee tenants clause in the two deeds were different may constitute grounds for establishment of buildability. I believe this and the facts above do constitute sufficient grounds for that decision. I hope you will agree that this case requires a favorable determination. If there are any questions you have or any additional information you need to make that determination,please feel free to contact me at the below address or telephone number. Sincerely, Ronald M. LeFrancois 138 Maple Drive Tiverton,R. 1. 02878 , Tel.: (401)624-8107 Fax: (775)659-5590 e-mail: lefrancoisrm@usa.net I Tax Rate Per$1000 FISCAL YEAR 2000 REAL ESTATE TAX BILL �aauc Class I pen S commercial industrial Notice of Real Estate Tax for Fiscal Year 2000 Class 2 class 3 cuss a Due Date: 12/1711999 Residential o Bill Number: 16087 (General $12.80 $1080 $12.80 $12.80 Based upon assessments as of January 1, 1999 your Real Estate Tax for the fiscal year beginning July 1, Parcel ID: 270-194 1999 and ending June 30,2000 on the following District $3.74 $3.74 $3.74 $3.74 described parcel of Real Estate is as follows: Fire District: HYANNIS isce v LEFRANCOIS,RONALD M Parcel ID: 270-184 JUDITH LEFRANCOIS Location: 167 ARROWHEAD DRIVE 138 MAPLE DRIVE Class: 1300 TIVERTON RI 02878 Acres: 0.250 Land Value for Class 1: 25,100 S/A 1: 0.00 General Tax: 321.28 Land Value for Class 2: 0 S/A 2: 0.00 District Tax: 93.87 Land Value for Class 3: 0 S/A 3: 0.00 Land Value for Class 4: 0 Land Bank Tax: 9.64 Total Value for Land: 25,100 S/A 5: 0.00 Total Tax: 424.79 Bldg.Value for Class 1: 0 Total S/A Int: 0.00 Total S/A: 0.00 Bldg.Value for Class 2: 0 Total S/A: 0.00 _ Total Tax+SW 424.79 Bldg.Value for Class 3: 0 ------ -------- --- - Bldg.Value for Class 4: 0 } First Installment: 212.40 Total Value for Bldgs: 0 Adjustment 1: 0.00 _ Second Installment: 212.39 Total Bldg.l Land Value: 25,100 Adjustment 2: 0.00 Adjustment 3: 0.00 Net Actual Tax: 424.79 Residential Exemption: 0 Adjustment 4: 0.00 Adjusted Total: 25,100 Adjustment 5: 0.00 Total Taxable Valuation: 25,100 Total Adjustments: 0.00 Amount Dt $212:40 a Please put your Bill Number on your check. To obtain a receipted bill,enclose a self- addressed,stamped envelope and both sections of the bill with your payment. Mail Payments to: Office Hours: If no receipt is desired,please DETACH TOP SECTION and forward with remittance. Town of Barnstable 8:30 AM to 4:30 PM If not paid when due,your tax amount is subject to penalties of interest,demand and fees. Collector of Taxes Monday through Friday Interest at 14 percent per annum will be charged from the date of issue to the date P.O.Box 1360 TC 367 Main Street payment was received in the Tax Collector's Office. Hyannis,MA 02601-1360 Hyannis,MA Abatement applications must be received by the Assessor's Office no later than 12/17/1999. 508-W2-4054 'TAXES WILL BE DELINQUENT ON. 12118/99. SEE REVERSE SIDE OF BILL FOR IMPORTANT INFORMATIONI •For more information regarding the Laid Sank Tax,the Voluntary Elderly/Disabled Fund,and the Scholarship Fund,refer to the enclosed sheet. 00%4 79 FAE 349 MAB6ACHUiER6 QUITCLAIM DHaa GFi1ORT FORM (INDIVIDUAL) 861 WE, Norman R. LeFrancois and Winifred L. 1&'%rancois, husband and wife, as tenants by the entirety, both of 224 Lincoln Road, Barnstable (Hyannis) , Barnstable County,Massachusetts, for mtsidaation paid, and in full consideration of fifty six thousand dollars ($56,000.00) _-w - ------— antXto``Runald'M; LeFrancois and Judith-S:-LePrancois;h usband a id wife;as • enants by the entirety, or to the survivor of these, of 138-Maple Drive, Tiverton, Newpart`Coitnty;Rhode Island with 4narlaim nnwnauto the land in said.Barnstable (Hyamis), Barnstable County, Massachusetts, b xmded and described as follows: tDescription and encumbnaae,if any] NORTHFSTERLY by Lot 48, as shown on a plan herelnditer mentioned, ape hundred forty (140) feet; SOITT MSTERLY by land now or fonuerly of I Fred Snow and Esther Nye, as shown on said plan, sixty (60) feet; SESTERLY by Lot 46, .as shown on said plan, one hundred forty.(140)feet; and NORTMESTEItl.Y by Lincoln Read as shown on said plan, sixty`(60) feet; Beim shown as iffr 47 oh a plan entitled "Plan of Lots at'Craigvilla' Hyannis, Barnstable, Scale 1" = 100' , July 30, 1934, Nelson Bearse, C. E. , Centerville, Mass." which said plan is duly filed in Barnstable County Registry of Deeds in Plan Book 58, Page 99. Being the same premises conveyed to these grantors by deed of Hattie E. Brown, surviving joint tenant, dated August 18, 1959 and recorded at the Barns- table County Registry of Deeds in Book 1052, Page 130. AND WE, the said grantors, release to the said grantees all our rights of tenmzcy by the curtesy, dower and hanestead and other interests therein. K I MUM our hands and seal s this f��.............day of......... ............ . J91Y.... ........ ..... .......................................................................... ...... .......... ............................................. ..... . ............. �il� fdnmmabwral!!l of � ttlu,�tta . Then personally appeared the above named Norman R. and Winifred L. LeFrancois d admowledged the foregoing instrument to be their free act and deed of me A41c ` _ __. _... �f..,. .. _ .. ...................................... COMMONWEALTH OF MASSACHUSETTS ! Notary Public—justice of the Peace o DEAEi 1 E1-1 (iE My commission sxpirea /X 19& No JULI 2 7 68 Its—•t!ileslll�) :�ffi)BY CHAP=497 OF 1969 Bv��y deed ppclaen for record shall contain or have endorsed upon it the full mane,xddence and post office address of the and a recite(of rile amount of the full consideration thereof in dollars or the nature of the other consideration thex£or, if not dry for a aprs!monetary sum.The full eonsidentioq shall mean the total price for the conveyance without deduction for any liens or encumbbranees assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded as prat of the deed. Failure to comply with this section shall not affect the validity of any deed. No adsw 0 shall accept a deed for recording unless it is in compliance with the requirements of this sec-don. �U�� LU JUL 1V 84 boOK3965 FAu 204 5477067 MAS®ACHUBETTS QUITCLAIM DEED ONORT FORM (INDIVIDUAL) 881 WE, Normand R. LeFrancois and Winifred LeFrancois, husband and wife, as tenants by the entirety, both of Lincoln Road, Barnstable (Hyannis), Barnstable County,Massachusetts I �for consideration paid, the sum of one dollar ($1.00), grantgto Ro�naa3d-M.LeFrantoi a d-Judith-S--LeFrancois, husband-and wife, • of 138 Maple Drive, Tiverton, Newport County, Rhode Island with >ttthi tt rountaub thelandin Barnstable (Hyannis), Barnstable County_, Massachusetts, bounded and described as follows: [Description and encumbrances,if any) NORTHEASTERLY . by Lot 66 as shovm on the hereinafter .mentioned plan, 150.251feet; SOUTHEASTERLY by Arrowhead Drive., public way, 75.00 feet; SOUTHWESTERLY by Lot 64 as shown.on said plan, 150.18 feet; and NORTHWESTERLY by land now or formerly of William �F. Thacher, 75.00 feet. Containing 11,266 square feet, more or less, and being shown as Lot 65 on a plan of land entitled "Plan of Land in Hyannis, Barnstable, Mass. for Norman E. Godfrey Howard A.' Spurr, Scale 1" m 100' , June 1960, Charles S. Kennedy, Surveyor-Designer-; .Test Dennis, Mass.", said plan being duly filed in Barnstable County Registry of Deeds in Plan Book 159, Page 41. " The above described premises are conveyed subject to and with the benefit of easements,: rights of way, reservations, restrictions and conditions of record insofar as the :same may be in full force and applicable and are further subject to the following restrc- tions which the owner by the acceptance of title or by the taking possession thereof covenants and agrees to comply. 1. No building or structure shall be moved onto, erected, or maintained on the granted premises with less than a forty foot setback from the front lot line as said lot is shown on the above entitled plan. 2. No building or structure shall be moved onto, 'erected, or maintained on the granted premises with less than a ten foot setback from the side lot lines of the granted premises as said lot lines are shown' on the above entitled plan. �liec�a' A. 'SP r'r, act M.n Spurr;Norman,E. Godfrey and Laura R. @odf�ey- reserve to themselves, their legal representatives or heirs, the sole right to enfbiie'the above`" restrictions and to make any changes therein in any subsequent deeds. Howard A. Spurr, Irma M. Spurr, Norman E. Godfrey and Laura R. Godfrey reserve to themselves a right of way over, under and in so much of the granted premises as may by implication of law lie within the limits of Arrowhead Drive for the purposes of installing utilities and for all purposes for which ways are now ovmay hereinafter be used in the Town of Barnstable. For title, see. deed of Howard A. Spurr et al., dated.December 1, 1961 and recorded at the Barnstable County Registry of Deeds in Book' 1138, Page 524. Uitwom ..our... and seals this . ...." ../ . day of 0� .�=...:...... .. i9.�3 ...................... - .. ................'... . .. ° ... �!� G�:ammnttmltttlt� of �t�. . ss. r h 19 K3 Then personally appeared the above named p / and ackno�,�ldgp4#wforegoing instrument to be ,-Z*9 t/. ) free act and deed,before me «...•�►F ' . ........ .. ...... .... .. . ...... . ..... Public— My commission expires 19 .,•- S.t ` 13 �. joint Tenants ) f. •.,,A. :•' '.. HAPTBR 183 SEC.6 AS AMEMED BY CHAPTER 497 OF 1969 Hvet¢; 'leoord shall contain or have endorsed upon it the full name,residence and post office address of the grantee and a redtal of ". cf the full consideration thereof in dollars or the nature of the other consideration therefor, if not delivered for a sppecaa&monetary sum.The fnll ooasideration shall man the total prig for the conveyance without deduction for tap liens or encumbrances assumed by the grantee or rerlmining thereon. All such endorsements and recitals shall be recorded as part of the deed. .Failure to comply with thin cation shall not affect the validity o_, ter of dQeeds shall accept a dyed for raordigg mless it is in compliance with the requirements of this cation. ,�������83 lv7 aWW - ° °wq, &Aol-S' The Town of Barnstable • &UWSrABLE,16,19. • Department of Health Safety and Environmental Services 'OrEo Mai°i Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner April 12, 2000 Mr. &Mrs. Ronald M LeFrancois 138 Maple Drive Tiverton, RI 02878 Re: R270-184 Lincoln &Arrowhead properties Dear Mr. &Mrs. LeFrancois; Please be advised that I have reviewed your request to determine buildablility on developer's lot number 65, located on Arrowhead Drive. I have consulted with our legal department in order to afford you every advantage. Unfortunately, I find that the operative phrase (being"tenants in entirety") does not constitute separate ownership. The legal requirement specifies that dominion and control of both properties must clearly be separate and apart. Therefore, the information you submitted is not sufficient to warrant a favorable decision. I will be happy to reassess my evaluation should you provide me with a valid legal argument justifying such action. Sincerely, Ralph Crossen Building Commissioner