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HomeMy WebLinkAbout0009 ELAINE ROAD aa�I�e -� '� - .� i � , �� _ . ��� f: /y tap Town of Bar, la Regaktory Sec Richard V.Seak, Inter, SMASS AS _ Building lffivmllon. a R1� Tom Perry,Buil'ding comimissimer 2Q0 M�a�m Street, Hyann` s,M �.�r 1 Office: 508-862-4038 E 5W7 9 —6 ) 2 PERMIT# I `��✓ FE&S- '�v SHED REUSTRATION, RESO}&VIIAL ONLY 200 squarefeelrorlew Ad 111a AI n Location of shed(address) Property owner's name Telephanemumber, Z:7 i ' o Size of Shed 1 QD ,Signature Dm a'- s t Hyannis Main Street Waterfront Historic District? N Old King's Highway Historic District Commission Jurisdiction? � If over 120 square feet,you must file with.Old.ids EB&way Conservation Commission(signature is required) Sign off hours for Conservation 8:00-9c30&3.304:30 PLEASE NOTE: IF YOU ARE WrFE[INTEENRISDICU, ONOFAWOFTHR ABOVE COMMISSIONS,THERE MAYBE A REVIEW PROC> 1 AM) CA1 @3 1 FEE. PLEASE SEE THE APPROPRIATE COA945MON FOR.DETAELS., THIS FORM MUST RR 00 � , N II,RYA PLOT PLAN Wa ns-shedreg REV:110413 i 07-22-'14 11:11 FROM_ ih 140716-0 T-587 P0001/0001 F-804 --� J CAPE COD TITLE&ESCROW UNREG�STER�AZA,ND. Lenn der. THE CAPE COD FlVE CENTS SAVINGS BANK eed ok 19116 P e 196 JACK&KATHLEEN J Imt Boo 165 a 41 JEAN STRUDWICK t s 34 r REGISTERED LA1VD Date: 7n2/201 4 R OOk Sheet ss sor' 248 glk C ate o rtle Co1(S Lo 18g s MORTGAGEI'VSP,ECTIONPL Y 9E.L,gI.AW110,1D, 13'ESrHyA TSPORT, leg Seale: s_ U Me jj e� k kE LOT-35 LOT 33 ' 4 }� 83.07' LOT 34 10,540 5FDK t _ LOT 36 ` g LOT 32 _'•y,' • i kO7.tA .4 ELAINE ROAD h Ryy I CERTOYYTO TJ9S AROVE ATTO CEN nowING ' R UCTUR L Ilv COMPLLIN(E WIM M� E INSURANCE COMP y THAT LAW TTTI E M C QU1RE11�iD'S ONLY)OR IS EXEp WS Rv,EPFECp TI HEPI CONSTRU Ri1A POUNDATTON OR f 48A,SECTION 9. FROM VIOLATION ENFORCE NTH RESPECT TO d ANT ACTION UNpER 1►aAS3.GENERAL . Y SCALE,THE DWELLING SHOWNFLOOD 1)1;1 25001C0564I A9 ZONE X DATED 7-tat4� N NATIONALFALL ATTON a IIFiQT A SPECIAL FLOOD BARD ZANE AS DE FLOOD INSURANCE PRO(9RAivi L "TEA ON A►vxAP OF COMAatlNff Y 1 Olde Stone Plot Plan Ser.�,o COO Oci9 P.O.'BQX 1166 LakeWile,MA 02347- ; Tel:(800j 993-3302 <r Pax-(800)993-3304 PLEASE NOTE; This fnSPeOlion is not Me result Of an insbument BMW.way r be required for an determination Of building 1Oa9tions,encraachme cures reties{ditien:nt infbrtnatfon than sh as shown are approximate On 3 O�PRtion and may be sub ed own here. The land ag shown iS based oh client line dimensions,fences and instrument survey i sunreypr'Or +PaM This Is merelyer outsa ,tafdngs,easements and gent fumtshed information on ct°p"�u 'On and I montage Inspection and Is not be be rrecoded y' No respons�bil' is or assessors map& Bxtentled to the landowner or L Town of Barnstable oF�oaf. P� do Regulatory Services = anxxsrwst.E, • Thomas F. Geiler,Director 9 4 a63 Building Division 9. �0 rEc. ► Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www,town.barnstable.m a.us Office: 508-862-4038 Fax: 508-790-623( PERMIT# -,a6Q 70 H FEE: $ `� OD SHED REGISTRATION 120 square feet or less W I Location of shed(address) Village Property owner's name Telephone number Size of Shed c Map/Parcel# . Signature Date Hyannis Main Street Waterfront Historic District? Old King's Highway Historic District Commission jurisdiction? Conservation C^ommission-(signature is=r-equired)------ Sign of-hours for Conservation-8:00=9 30&3 30 PLEASE NOTE: IF YOU ARE WITHIN THE JURISDICTION OF ANY OF THE ABOVE COMMISSIONS,THERE MAY BE A REVIEW PROCESS AND APPLICATION FEE. PLEASE SEE THE APPROPRIATE COMMISSION FOR DETAILS. N THIS FORM MUST BE ACCONAY A PLOT PLAN �s :� �d a ► 7n�c� z � Q-forms-shedreg REV:042506 L 1, �•n�" JL-- e. i i :. .4r/ 1 �J � ✓ b V 4 ' ,uli "j48 } s ' ��(g q i J��av ROAD }'� L--. eLL.Ii9 lJ ! I: E�—•str�, i �rye^ lj 9 E.c..�.TNE A64I�4.1-/ 11�N TPA 1' R {. Y. 3 '.1 F.is ��• ��17:J. .t ]Y •S 8 i 3 ON fr'IS PLAN =CCATE' ON TH: � fit ... ` TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel ot Application# Health Division . Conservation Division F/ Permit# Tax Collector Date Issued >?S Treasurer Application Fee <6- O Planning Dept. Permit Fee �- 1 Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address ck Cc-� \R N Village /"\A5_5 V flfl Owner f�C� s o�w �.� Address Telephone Permit Request Z O \ F H m�� �c�o ��oM d(V"c2 R)I.ASe.M.e_A_ 04 A& a1A1a4,4L&1 jd&4��V� / L,,-'-/ -" [ - - - r - U Square feet: 1 st floor:existing__ proposedG_2nd floor:existing proposed Total new '�J 6P Zoning District Flood Plain Groundwater Overlay Project Valuation \®,� Construction Type LX---KD `1 f\'— Lot Size y�C)O a Grandfathered: Y�Yes ❑ No If yes,attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure ``, Historic House: ❑Yes Po On Old Kings Highway: ❑Yes =No Basement Type: ,Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) 3 6> Basement Unfinished Area(sq.ft) E3 i Number of Baths: Full:existing new Half:existing 0 new Number of Bedrooms: existing_ new Total Room Count(not including baths):existing new Q, First Floor Room ount Heat Type and Fuel: Gas ❑Oil ❑Electric ❑Other Central Air: Yes ❑No Fireplaces: Existing _ New Existing wood/coal stove: ❑Yes C)No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes 11A No If yes, si a plan review# Current Use S M� ono Proposed Use S/-? /Y\ - r BUILDER INFORMATION 5D O Q Name 1�)_Q_� N, 41_1X-e 4 Telephone Number JOB Lk 2_�(o (10 Address IS°'l �. r9 `� License# d IL ilt e f v L\� �, Home Improvement Contractor# �2 \IACI Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO '9R �;9 SIGNATURE DATE O FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED , MAP/PARCEL NO. ADDRESS 'VILLAGE OWNER DATE OF INSPECTION: _ FOUNDATION FRAME —7 PIZ- a INSULATION ( �0-7 4 1 FIREPLACE ELECTRICAL: ROUGH FINAL ' PLUMBING: ROUGH FINAL 4 i • 1 GAS: ROUGH FINAL FINAL BUILDINGro J DATE CLOSED OUT ASSOCIATION PLAN NO. DEAN F. STANLEY Building ntractor M Cap*..Lijah Roan January 13,.2 7 .:laek& Katby Studwick 9 Elaine Road yannis, MA 02601 Basement Develop east I. paint exterior cement WAls where new exterioar walls are to ire baaalr with Dry-Loc waterps-0ayfing, 2. Frame all walls as d cuss-sed%itla C Aler,with 214 K D. spa-jee. 3. Frame both sides of stairwell except -just 3 steps. 4. Provide access under staff, from left sitting MO and MASH flush door � with head set. Build s sr support. 5. All exterior and irate al exterior walls insulated watk 3 t/2" R-13 faced insulation. t�. �Ie�tr�al A. 34 outlets and or switches B. -7 Recessed fights total of 9. C. 2 T.V. outlets. ; 2 Mahone jae . E. I. smoke detector. F. I C/o detector. G. Rewire and or relocate basement 3--vjaal,-witch and lamp holder. H. Permit. 7, $deaf t , Install 3 drops of existing trunk wark with dsampers. B. I cold air return. 1. Sheetroek A. AD walls and ceilings towered with V." �l#eetrock. Taped, coated and primed. l/LG a..Vnan.vi.r►�...a. v� i.�»..u»....-......... \ 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 I:e 'bl Name (Business/Ora nizationUdividual): S 0/4- Address: "3 01 City/State/Zip: O v Phone#: Are you an employer? Check tthe•appropriate bog: Type of project(required): 1.L {�am a employer with 'dam.. 4. ❑ I am a general contractor and I 6. ❑ New construction employees(full and/or part-time).* have hired the sub-contractors 2.❑ I am a sale proprietor or partner- Listed on the attached sheet $ 7• ❑ Remodeling ship and have no employees These sub-contractors have 8. ❑ Demolition working for me in any capacity. workers' comp.,insurance. g. ❑ Building addition o workers' Comp.insurance 5. ❑ We are a corporation and its � 10.❑ Electrical repairs or additions required.] officers have exercised their 3.❑ I am a homeowner doing all work right of exemption per MGL I I.❑ Phunbing repairs o-x additions myself.(No workers' comp. c. 152, §1(4),and we have no 12.[1 Roof repairs insurance required.]t . employees. (No workers' 13.[3 Other . comp.immn ce 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. tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp,policy information. lam an employer that is prowdin workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name; Policy#or Self-ins.Lie.#: U °l� (� -�0� Expiration Date: l � Job Site Address: C>� �— `�` rt d`6''\ City/State/Zip: i�-1 t-,, 1 Attach a copy of the workers' compensation policy declaration page(showing the policy number d 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 maybe forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby erti under th=' nd ies of perjury that the information provide above is true Ind correct Si afore: Date: (�� e. Phone#• 2-�_ J 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): I.Board of Health 3.Building Depaitmlena 3.City[flown Clerk 4.Electrical inspector 5.Plumbing Inspector 6. Other Contact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as"...every person in the service of another under any contract of bite, express or implied,oral or written." An employer is defined as "an individual,partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer,or the . receiver or trustee of an individual,partnership, association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides.therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employmmtbe deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152; §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s) of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The-affidavitshould be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials . Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom. of lh affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant . Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that mast submit multiple permittlicense applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that.a valid affidavit is on file for future permits or licenses. Anew affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. ,±,E 617-727-4900 ext 406*or 1-S77-MASSAFE Fax:#617-727-7749 Revised 5-26-05 www.mass.gov/ciia o�IHE ro Town of Barnstable Regulatory Services + BARNMBLE, MASS. Thomas Thomas F.Geiler,Director QjA i63y. ♦0 lF039�a Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction, alterations,renovation,repair,modernization, conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. t Type of Work: &5e-mel-kk W+\`S Estimated Cost �d Address of Work: 4 A iA'�A t S Owner's Name: Date of Application: I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded by law ❑Job Under$1,000 ❑Building not owner-occupied ❑Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIE 0 PE RY I hereby apply for a permit as the agent of th wn r: Date Contractor Signature Registration No. OR Date Owner's Signature Q:wpfiles.forms:homeaffidav Rev: 060606 RESIDENTIAL BUILDING PERMIT FEES ! APPLICATION FEE New Buildings $100.00 Residential Addition $ 50.00 Alterations/Renovations $ 50.00 G� Change of Contractor/Builder $25.00 FEE VALUE WORKSHEET NEW LIVING SPACE `!�&� _square feet x$96/sq.foot= �j x .0041= plus from below(if applicable) ALTERATIONS/RENOVATIONS OF EXISTING SPACE square feet x$64/sq.foot=01 x .0041= plus from (if applicable) _ GARAGES(attached&detached) square feet x$32/sq.ft.= x .0041= -• ACCESSORY STRUCTURE>.120 sq. ft. >120 sf-500 sf $35.00 >500 sf-750 sf 50.00 >750 sf- 1000 sf 75.00 >1000 sf- 1500 sf 100.00 >1500 sf-Same as new building permit: square feet x$96/sq. foot= x .0041= STAND ALONE PERMITS Open Porch x$30.00= (number) Deck x$30.00= (number) Fireplace/Chimney x$25.00= (number) Inground Swimming Pool $60.00 Above Ground Swimming Pool $25.00 Relocation/Moving $150.00 (plus above if applicable) Permit Fee Projcost Rev:063004 Table JS.Zlb(continued) Pmcriptive Packages for One and Two-Family Realdendal Buildings Heated with Fossil Fueb MAXIMUM MINIMUM t Glazing Glaring Ceiling Wall Floor Basement Slab Heating/Cooling Arn'('/.) U-value= lt-value' R-value' R-value° Wall Perimeter Equipment EMciency� P=kage R-value° R-value' 5701 to 6500 Heating Degree Days' Qf 12% 1 0.40 38 13 19 10 6 Normal R 12% 0.52 30 19 19 10 6 Normal S 12% 0.50 38 13 19 10 6 85 A-FUE T 15% 036 38 13 25 N/A N/A Normal U 15% 1 0.46 38 19 19 10 6 Normal V 15% 0.44 38 13 25 1 N/A NIA 85 AFUE W 15% 0.52 30 19 19 10 6 85 AFUE X 18% 032 38 13 25 N/A NIA Normai Y 18% 0.42 38 19 25 N/A NIA Normal t 18% 0.42 38 13 19 10 6 90 AFUE AA 19% 0-50 30 19 19 10 6 90 AFUE 1. ADDRESS OF PROPERTY. �A k t4 2. SQUARE FOOTAGE OF ALL EXTERIOR WALLS: 3. SQUARE FOOTAGE OF ALL GLAZING: 4. %GLAZING AREA(#3 DIVIDED BY#2): 5. SELECT PACKAGE(Q—AA-see chart above): Q, NOTE: OTHER MORE INVOLVED METHODS OF DETERMINING ENERGY REQUIREMENTS ARE AVAILABLE. ASK US FOR THIS INFORMATION. BUILDING INSPECTOR APPROVAL: YES: NO: q-forms-f980303 a 780 CMR Appendix J Footnotes to Fable A2.1b: Glazing area is the ratio of-the area of the glazing assemblies (including sliding-glass doors, skylights,.and basement windows if located in walls that enclose conditioned space,but excluding opaque doors)to the gross wall area,expressed as a percentage. Up to I%.of the total glazing area may be excluded from the U-value requirement. For example,3 ft of decorative glass may be excluded from a building design with 300 f'of glazing area. s After January 1, 1999, glazing U-values must be tested and documented by the manufacturer in accordance with the National Fenestration Rating Council (NFRC) test procedure, or taken from Table JI.5.3a. U-values are for whole units:center-of-glass U-values cannot be used. ' The ceiling.R-values do not assume a raised or oversized truss construction: If the insulation-achieves--the full insulation-thickness over the exterior walls without compression, R-30 insulation may be substituted for R-38 insulation and R-38 insulation may be substituted for R49 insulation. Ceiling R-values represent the sum of cavity insulation plus insulating sheathing (if used). For ventilated ceilings, insulating sheathing must be placed between the conditioned space and the ventilated portion of the roof. 'Wall R-values represent the sum.of the wall cavity insulation plus insulating sheathing (if used). Do not include exterior siding, structural sheathing, and interior drywall. For example,an R-19 requirement could be met EITHER by R-19 cavity insulation OR R-13 cavity insulation plus R-b insulating sheathing. Wall requirements apply to wood-frame or mass(concrete,masonry, log)wall constructions,but do not apply to metal-frame construction. The floor requirements apply to floors over unconditioned spaces(such as.unconditioned crawlspaces,basements, or garages).Floors over outside air must meet the ceiling requirements. The entire opaque portion of any individual basement wall with an average depth less than 50%below grade must meet the same R-value requirement.as above-grade walls. Windows and sliding. glass doors of conditioned basements must be included with the other glazing. Basement doors must meet the door U-value requirement described in Note b. _The R-value requirements are for unheated slabs.Add an additional R-2 for heated slabs. ' If the building utilizes electric resistance heating use compliance approach 3;4, or 5. If you plan to install more than one piece of heating equipment or more than one piece of cooling equipment, the equipment with the lowest efficiency must meet or exceed the efficiency required by the selected package. 'For Heating Degree Day requirements of the closest city or town see-Table J5.2.la NOTES: a)Glazing areas and U-values are maximum acceptable levels.Insulation R-values are minimum acceptable levels. R-value requirements are for insulation only and do not include structural components. b)Opaque doors in the building envelope must have a U-value no greater than 0.35. Door U-values must be tested and documented by the manufacturer in accordance with the NFRC.test procedure or taken from the door U-value in Table J1.5.3b. If a door contains glass and an aggregate U-value rating for that door is not available, include the glass area of the door with your windows and use the opaque door U-value to determine compliance of the door. One door may be excluded from this requirement(i.e.,may have a U-value greater than 0.35). c)If a ceiling,wall,floor,basement wall,slab-edge,or crawl space wall component includes two or more areas with different insulation levels,the component complies if the area-weighted average R-value is greater than or equal to the R-value requirement for that component. Glazing or door components comply if the area-weighted average U- value of all windows or doors is less than or equal to the U-value requirement(0.35 for doors). 43 y trN�� J MCI ,,�VTTIA{S►' �,}� oo e—T lk b 2� . � o 0 14 Ir J� IV Para` THE FOLLOWING IS/ARE THE BEST.- IMAGE'S FROM POOR ' ' ' . — QUALITY ORIGINALS) m ^tL � DATA Mr4 . 01. ' License, OF BUILDING `,�� CONS T REGULATIONS a � Numb_er CS RUCTION SUPERVISOR Birtfi 035037 E date_0.1/16/1959 Expires 0 q NOT C. 1/19/2608 - .�. ..! W Restricted 00 Tr-no: 14457 F it DEAN F STANLEY l`z359, = CENTEPTAIN LIJgH Rp :' T r RVILLE, MA 02632 �� E PO Co missione� ,' r, The Commonwealth of Massachusetts DEPARTMENT OF INDUSTRIAL, ACCID.lENTS 600 Washington Street, Boston, Massachusetts 021.11 617-7274944 — httP:Hwwv.rAass.gov/dia As required by Massachusetts General Law, Chapter 152, Sections 21,22 &30, this will give,you notice that I (we) have provided for payment to our injured employees under the above; mentioned chapter by insuring with: THE TRAVELERS INSURANCE COMPANIES NAME OF INSURANCE COMPANY ONE TOWER SQUARE HAR.TF.ORD. CT 06183 ADDRESS OF"INSURANCE COMPANY �7PJUB77699B14-2-06) :..,,..06-31 -06 TO 08-31-07� POLICY NUMBER EFFEC'T•IVE DATES 0�— TO BANKNORTH INS AGENCY .__....__._....14 LOTS HOL(.0W RD:... me ORLEANS MA 02653 NAME OF INSURANCE AGENT ADDRESS FII�)NE#. STANLEY, DEAN l 359 CAPTAIN LIJAH ROAD JF e� CENTERVILLE ai MA 02632 iMPLOYER r ADDRESS EMPLOYER'S WORKERS COMPENSATION OFFICER(IF AINY) DATE offffi MEDICAL TREATMENT ^� The above named insurer is required in cases of &rsonal injures arising out of and in the course of employment to furnish adequate and reasonable h��spital and medical ser-vices in accordance with the provisions of the Workers' Compensation Act. A city of the First Report of In;ury must be given to the injured employee. The employee may select his.or her own:physician. The re�esonahle cost of the services AMM provided b the. treating physician will be aid b the: insurer, if the treatment is neeessar_v and reaar.)nablV � p Y g P Ys ' " P" Y . • connected to the work related injury. In cases requiring hospital attention, employees are hereby notified tlhat the insurer has arranged for such attention at the ' t. NAME OF HOSPITAL ►p� I : ADDRESS 003884 MOM= A O BE POSTED BY EMPLOYER.l ER jr .. ( . �. _ Glze. iJan�meo�cuea,J,C�i o�,.�aa4ac�ivaelta � - i 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: Board of Building Regulations and Standards. Registration 132149 One Ashburton Place Rin 1301 —Expiration I1/28/2008 Tr# 125453 -> t Boston Ma.02108 ..T individual DEAN F.STANLEYW--;�;. r DEAN STANLEY 359 CAPT.LIJAH RCS __— CENTERVILLE,MA 02632 Administrator Not valid without signatur Bk 18365 Pw I33 22036 03-26-2004 & 12 2 44r3► GRANT OF PERPETUAL EASEMENT AFFECTING LOTS 35 and 36 Elaine Road,Hyannis,Massachusetts WHEREAS Albert J. Belmonte,Jr. and Allison J. Belmonte,(GRANTORS)own Lot 35 as shown on Plan Book 165,Page 41, for title see deed in Book 13529,Page 127; and WHEREAS Kimyon R. Cole and Teresa M. Cole, Co-Trustees of The Cole Family Trust, u/d/t dated September 5, 2002 and recorded in Book 18282,Page 101, (GRANTEE)own Lot 36 as shown on Plan Book 165,Page 41, for title see deed in Book 15760,Page 61; and ,. WHEREAS GRANTOR desires to grant to GRANTEE its successor, assigns and future grantees, an exclusive perpetual easement to use a certain parcel of land hereinafter described for all purposes consistent with residential property. WHEREAS there is recorded herewith in Plan Book 15 ,Page�, a plan entitled"Easement Plan of Land in Barnstable,(Hyannis)Mass. Prepared for Kimyon and Teresa M. Cole, scale 1"=20', dated January 28, 2004,down cape engineering, inc.,"defining the area for the intended purpose of this easement. It is specifically represented and understood that this area is marked as"Easement B"on said • Plan and is the area which Grantor is giving Grantee exclusive and perpetual use of the grounds for all purposes consistent with residential property by the GRANTEE,its successors and assigns. - 44z Now Therefore, in consideration of less than One Hundred and 00/100 ($100,00) _v Dollars paid Grantor grants to Grantee its successors, assigns and future grantees, an exclusive perpetual easement to use the area marked Easement A for all purposes consistent with residential property without any reservation to Grantor. The parties further agree as follows; v` 1. It is specifically agreed that this document does not constitute a subdivision requiring approval by the Planning Board of the Town of Barnstable under subdivision control but is an exclusive perpetual easement. 2. The GRANTEE, its successors and/or assigns covenant that so long as they exercise their rights under this document they will maintain a general liability insurance policy for any and all activity conducted in the easement area. 3. The GRANTORS hereby so grant for nominal consideration of less than$100,the exclusive and perpetual easement discussed above to the GRANTEE, its successors and assigns. r Bk 18365 Pg 134 #22036 4. The cost of maintaining the easement area shall be borne solely by the GRANTEE, its successors and assigns. 5. The perpetual exclusive easement created with this conveyance affects the following two parcels of land: a. Benefits: The land shown as LOT 36 on a plan of land entitled: "Craig Port a Residential Subdivision in West Hyannis,Mass. property of Rolkin Realty Trust, September 1961,Ed Kellogg,Eng'r",Which said plan is duly filed in the Barnstable County Registry of Deeds in Plan Book 165,Page 41. LOT 36 has a property address of 3 Elaine Road,Hyannis,MA 02601; and b. Burdens: The land shown as LOT 35 on a plan of land entitled: "Craig Port a Residential Subdivision in West Hyannis,Mass.property of Rolkin Realty Trust. (Frank L.Elkin(Trustee) September 1961 Ed Kellogg—Engr. - Osterville",duly recorded in the Barnstable County Registry of Deeds in Plan Book 165,Page 41. LOT 35 has a property address of 49 Lillian Drive, Barnstable(Hyannis),MA, 02601. Witness our hands and seal this day 6f Decembef,2003 Albert J. Belmonte,Jr. Allison J. Belmonte STATE OF TEXAS County: ay, iS December8i ,2003 Then personally appeared the above named Albert J.Belmonte,Jr. and Allison Belmonte and acknowledged the foregoing instrument to be their free act and deed, before me. 4 EBETSYA. RISf TeasNotary Pu lic:M20-M, My Commission Expires: 12-20-OCR G&M:RealEstateDocs:ColeExclusiveEasementll.doc } TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map c;� �� Parcel Application# c,) 6Q eo Health Division Conservation Division Permit# / Tax Collector Date Issued o e, Treasurer Application Fee QC Planning Dept. Permit Fee .� Date Definitive Plan Approved by Planning Board / Historic-OKH Preservation/Hyannis �� D Project Street Address Village ��,07y7 Owner -��c S' 4g1)bW c kc Address Telephone (5 O F 7 7 /- Q, Permit Request �n S�r-v �a n��.o i s � �Z Square feet: 1 st floor:existing 7 YQ proposed 2nd floor:existing proposed Total new Zoning District le 06 Flood Plain Groundwater Overlay Project Valuation S Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family C/ Two Family ❑ Multi-Family(#units) Age of Existing Structure i i rn o mg5 Historic House: ❑Yes U114o On Old King's Highway: ❑Yes 31KO, Basement Type: U'Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) f E7 Basement Unfinished Area(sq.ft) S!�t. �7. Number of Baths: Full:existing oZ new Half:existing /✓U new Number of Bedrooms: existing new Total Room Count(not including baths):existing !S_ new First Floor Room Count Heat Type and Fuel: 3 Gas ❑Oil ❑Electric ❑Other Central Air: Q Yes ❑No Fireplaces: Existing A)O New Existing wood/coal stove: ❑Yes ulf o Detached garage:❑existing ❑new size Pool:0 existing ❑new size Barn:❑existing ❑new size /yd Attached garage:❑existing ❑new size Shed:❑existing ❑new size d. Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes,site plan review# Current Use Proposed Use BUILDER INFORMATION Name _,Z15 e 2, )^)p ,e Telephone Number Address (31 ` P,r—,— kk,1- License# kA*\hA-tjt, %5 Home Improvement Contractor# V'°' cr;�-6n f Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. t The Commonwealth ofMassachusetts Department oflndustrialAccidents Office of Investigations 600 Washington Street UT . Boston, MA 02111 : I~-mass.goy/dia Workers' Compensation Insurance Affidavit; Builders/Contractors/Electridans/Plumbers Applicant Information Please Print LegibIy Name pusiness/Organization/lndividuat}'_ Address: Ro, City/State/Zip: • �AYr,-444,JVS Phone (�S QY 7�7 Are you an employer? Check the-appropriate boa: Type of project'(required): 1,❑ I am a with 4. ❑ I am a general contractor and I employer6. ❑New construction employees(fall and/or part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- listed on the attached sheet 7• ❑ Remodeling ship and have no employees These sub-contractors bave S. ❑ Demolition working for me in any capacity. workers' comp,insurance, g, ❑ Euflding addition [No workers' temp.insurance S. ❑We are a corporation and its 10,0 Electrical repairs or additions equired•] officers have exercised their 3. I Mn a, homeowner doing all work right of exemption per MGL ME] Plumbing repairs or additions myself,(No workers' comp, . c. 152,§1(4),and we have no 1�,❑Roof repairs inmrance required.]t . employees.[No workers' l3,❑ � carp.insurance required.j *Any applicant that checks box#1 must also M out the section below showing their workers'eompensatioa poUcyinforrnatioa: t Homeowners who submit this affidavit indicating they are doing all work and then bin outside contractors must submit anew affidavit indiczting'suah tContractors flat check This boa must attached an additional sheet showing the name of the sub-ccatract m and their workers'comp,policy iafbanatian. tam an employer that is providing workers'compensation insurance for.my emplvyees. Below is the policy and job siti Information. Insurance CompanyNsanc Policy#or Self .Lac.#: Isgan Ida : Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy d'eclarati'on page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c, 152 cirri lead to the imposition of criminal penalties cf a tine up to$1,50QA0 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fore 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. 1 do hereby certif�:under the pains and penalties of perju�the information provided above is true and correct Sii?nature; y Date ° G' 0", Phone#; iik,us6 ,vim. Do nd M*E In ift am,to U cs wed b'et or*M 6ft1A City or Town, Permit/License# Issuing Authority(circle one); 1.Boord of Health 2.Building Department, 3.City/TI owu Clerk 4.Electrical Inspector 5.Plumbing Inspector 16.Other Contact Persau; Phone#; Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide wbrkers' compensati -ft-their employees. Pursuant to this statute, an employee is defined as"...every person in The service of another under any contract of hire, express orimplied,.aial or written." An employer is defined as."an individual,partnership,association,corporation dr other legal entity,or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer,or the . receiver or trustee of an individiial,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, eotstructionor repair work=auchdw-tilling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to-be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate it business or to construct buildings in the corsmonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25 C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance ofpublic work until acceptable evidence of commliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fM out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractors)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The•afday t should be retuned to the city or town that the application for the p ermit or license is being requested,'not the Deparfinent of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies han3d Barr(heir self-insurance license number on-the appropriate lime. City or Town Officials Please be sure that the affidavit is complete and printed le&ly: The Department has provided a space at the bottom. of the affidavit for you to fill o at in the event the Office of Investigations has to contact you regarding the applicant - Please to sure to fill in a perarir/lieease mmnber which will be used as a reference number. in addition,an applicant that mist submit multiple permitllicense applications in any given year,need only submit one affidavit indicating current Policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in._(city or town)."A copy,of the affidavit that has been officially stamped or markedby the city or town may be provided to the applicautas proof that•a valid affidavit is on file for future permits or licenses. Anew affidavit must be filled out each ' year.Where a dome owner or citizen is obtaining a license or permit notrelated to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit The Office of Investigations would Else to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and faz number: The Commonwealth of M- Usachasufts Depa t ent of Industrial Accidmts Orifice of Inw#1gagm 600 Washington Street Boston, MA 02111 Tel. #617-727-4900 e-nt 406 of 1 o77-MASSAFE ' Fu{ L 617-727-7749 Revised 5-26-05 vrvw. ass.gov/dia r �1HE rqy�� Town of Barnstable Regulatory Services MASS. Thomas F.Geiler,Director 9�Ar 039., & Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction, alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions, along with other requirements. Type of Work: el-In enIQ `2 S Estimated Cost /,-elo Address of Work: Owner's Name: —1c--a YC- icSf,O-v d ti e`L' 14 Date of Application: `j/ 7 I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded by law ❑Job Under$1,000 ❑Building not owner-occupied J Qwner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Name Registration No. 0 gg —7— OR a Date Owner's Name ��er,' S�R+��W►e,v Q:wpfiles.fonns:homeaffi d av r THE Town of Barnstable Regulatory Services BAMSTABLE, : Thomas F.Geiler,Director 9 MASs. $ q,A 039• Building Division rFD�,IA Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-79076230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: 2..QFn � > - JOB LOCATION: ( � �� �� �► S number street f village 'HOMEOWNER": J qe- T�K1L)bL 11&1,/ 50F name home phone# work phone# CURRENT MAILING ADDRESS: city/town state zip code The current exemption,for"homeowners"was extended to include owner-occupied dwellings of six units or.less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family-dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 1.09.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department 7inspection procedures and requirements and that he/she will comply with said procedures and re�cf._' 'menu. , —,� Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. . HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. sk Q:forms:homeexempt w f ' x a r s { k 3 : ! _ � F r � F t 1✓' t �m�"��>t r � t t s (` k 1 _:',. 1 t' f QT t � } .� "� ,•,v - •_� \'Val . { .. ..,... ...,.... € _ ..._ .... ." 7 ` 1 y- � wr r { { I _4 I f I } f 5 { I I I 3 F F : t l i I f i i F y W U� • { f i _ ; 1 q NA`( 0\-QrvA i S M �- t f p, CONC. FNDN. LOT 34 WOOD 6 10,540f SQ. FT. 3 T.F. = a DECK 34.5 oN �c O do EASEMENT A JOB# 04-048 FOUNDATION PLOT PLAN FOR THE PURPOSE OF OBTAINING A BUILDING PERMIT ONLY PREPARED FOR: LOCATION : 9 ELAINE ROAD SAM TRA YWICK HYANNIS, MASS. SCALE 1 = 30' DATE MAY 28, `2004 REFERENCE ASSESS.- MAP 248 PCL 199 I HEREBY CERTIFY THAT THE STRUCTURE SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS SHOWN HEREON. �ZH OF Mgss9 Off.. 508-362-4541 tax 508-362-9880 ARNE G E ; ovwn cape engineering, Inc. `' H' '� OJALA y CIVIL ENGINEERS N 348., Q � LAND SURVEYORS P I �JL a 939 main st. yormouth, ma 62675 It DATE REG. LAN VEYOR f • Ann 711! - MLI xz NT 'syq �S�S s I C11lY'// - B . 2 A � �-- 9 ^*+n of � i i�7r - � 4D � •+..,,,,�, i - t 1 ,.(fir;�'1 f .. *;��--� - �� � E _ _ �� i �yr � J ��. �, � �. _ s. .., _ ` �" ,� j � _ � � � � r - .. �� TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY PARCEL ID 248 199 GEOBASE ID 15585 ADDRESS 9 ELAINE ROAD -� PHONE HYANNIS ZIP - LOT 34 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY i PERMIT 79697 DESCRIPTION NEW RES. 2/BED 2/BATH PERMIT TYPE BCOO TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS: Department of ARCHITECTS: Regulatory Services y , TOTAL FEES: $25.00 �ve BOND $.00 CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY 1 PRIVATES. * . � ass. 039. 1 I BUILD G DrjlSION" BY116/ DATE ISSUED 10/04/2004 EXPIRATION DATE OWN OF .B BUILDING PARCEL, -ID 248 199 '- GEOBASE ID 15585 ADDRESS 9 ELAINE ROAD PHONE ` d HYANNIS t . ZIP, F SOT -3, 4 BLb'dk LOT* SIZE DBA DEVELOPMENT DISTRICT HY Y4, PERMIT 76279 DESCRIPTION 2/BED 2/BATH SIN FAM. HOME 1656 SQ. FT. .. PERMIT TYPE BUILD TITLE NEW RESIDENTIAL BLDG PMT CONTRACTORS: PROPERTY OWNER Department of ARCHITECTS: Regulatory Services TOTAL FEES: $597.83 BOND CONSTRUZTION COSTS $158,976.00 tf1E 10'i SINGLE FAM HOME DETACHED 1 PRIVATE 1?3O'er1 MASS. 039. k ` ' BYILDIG DJVIO DATE ISSUED 04/29/2004 EXPIRATION DATE fc-r `, / THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OFTHIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- (READY TO LATH). PANCY IS REQUIRED, SUCH BUILDING SHALL NOT BE ELECTRICAL,PLUMBING AND MECH- 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. ANICAL INSTALLATIONS. 4.FINAL INSPECTION BEFORE OCCUPANCY. . 6 , . M Big . s BUILDING INSPECTION APPROVALS' PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION#PPROVALS `i:.�r 1 flekin G 1 � 1 JX s'r 3 1 Fi 413 INSPE ION APPROVALS ENGINEERING DEPARTMENT fN lblql 2 BOARD OF HEALTH OTHER: SITU#PLAN REVIEW APPROVAL WORK SHALL NOT PROCEECOUNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE`INSPECTOR HAS APPROVEDTHE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. _, _ a __ _,__. ---R-- �--,•x- - - -"- art=' f_ -_ - `,. ��_ _ -- ' -�-1`<� 41eT TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION ,.� �i/ i� r&'' 7-O 197 Pf xx Map Parcel f 9 ? FIT5Permit# 7 7 9 .*Health Division �,c < ,d AJ 7;6 Date Issued Conservation Division Z 0� �� "Gil, HAR -3 ;'; I : C16 Application Fee � Tax Collector Permit Fee. r7, V Treasurer p-Vli0N� lanning Dept. o O�P.P�i'o►.ti-:��i. e�-,��. ��L�a<<f- Q 0.O „� Date Definitive Plan Approved by Planning Board Pe, �e{�� 1 Historic-OKH Preservation/Hyannis Project Street Address 9 in e ac1 c� C��l r 3 4 Village Owner y 1 �/�/G� Address �C,2 o k o7/(o Gr/,-��/I,csoa�l Owl 7 Telephone _ .SQt?- 7 7.5-3/7q Dr <<e/l� ,So00 ��' 737�5 30 Permit Request S y new b&jrDOm S//I le mil 0 Square feet: 1st floor: existing proposed q3 6 2nd floor: existing proposed _7 0 Total new /6E6 Zoning District Flood Plain Groundwater Overlay Project Valuation /3 O,66 0 Construction Type Lot Size a Ll F�f 'R� Grandfathered: �Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes allo On Old King's Highway: ❑Yes Qa'No Basement Type: b Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) c13(21 Number of Baths: Full: existing new o2 Half: existing new A Number of Bedrooms: existing new oZ Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: 116as ❑Oil ❑Electric ❑Other Central Air: b'Yes Cl No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool: ❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded Cl Commercial ❑Yes ❑No If yes,site plan review# Current Use Proposed Use BUILDER INFORMATION Name �ro►�C'1 �, I Telephone Number '?7d:5—3 1-7 Address R0, -Czo x �l11(o License# T o 7=2 Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO Cain P bja54 e vi` SIGNATURE DATEf FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSIJED j MAP/Ph .TCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION "49 S L 0 �E./ Q �( FRAME INSULATION '71AW= FIREPLACE h ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL ISO FINAL BUILDING 1�, 6^1 aft DATE CLOSED OUT ' ASSOCIATION PLAN NO. YQ boll `LOT 33 , k PLAN REFEPEN{F- PLAN BOOK 165 PAGE 41 LOT° 35 fAIS6• sf :t LOT 32 LO T 38 coo, cF F lc NAIL SHEDS FNO \ LOT 34 To THE BEST OF MY INFORMATION. KNOW-&Di C' 55-38 to,Slfo S1rZt AND SEUEF, CERTIFY THAT THE STRUCTURES OTHER INFORMATION SHOWN HAS BEEN LOCAT! 25- 93 \ \ THE ¢R'OUND AS INOICATE SHED i/ v,a.�l DATE r 'P.L.S. —... FWD b t Fib w LOT 3? LOT 36 >t,705 sPY > Q FND. v / "AS 9IfILT` PGQT PLAIN IN P, I XTS'T HV-41V,VIS, AL1. CARLOTT4 A YE xr rOry F. TERSSA Air COL' 30 /r Go O6 K 100 a6 D H. 6 C.P. FND i _ The Com»wnwealth of Massachusetts Department of IndustriatAccidents ifAMMAWdAW 6Qo•Washington Street _ Boston,Mass. OZIII WN v Wioi keys',.CC ensation.Insurance Affidavit-General Businesses IN on. 11 / • 7�57,, �:Tk,�e+'+''+Fp',r`'Qww. �� r ,..• ^•,'>• `,:�;, ^� 'o-a�l address: t state zi hone ci address t1 C IfD d ��/S /// ®a7 60 � �, a locatio" full I aui•a sole proprietor and have no one $asiness a Office Sales Cmclnding RRea-Estate,Establishment u osnetc•) working m any capacity. ❑ ❑ ❑I am an em to er with . ein 1 ees(full&• art time), Other /�h r./171111�//% //// /%%/% ��%�%/////////G/%/%//o///%/%/marking on this job.. . I am an;employer providing:Wrkers cbmpenTation for y :,•, t;t; „ .�.,::i:Y,t,.�•i:;.:?,.r.,+.• •h• •� r�::','S: ;:,s. :s'�,'. '•. �' —..i-.:r,i:Q; r�•j`c t.s:'.:..I:.::',:•:i! ` ...:•'• coID"ari� owes �..j_ :,�• :t i,.;;.. .,':.•i'-''. . �'••'>;',: t;,:r ''•'�=�• �; `'`�:, sT ._ •�' :, _ :j5•. :{-� i7��i't::• itt 'F�..t'r, •• • di •• ;M•s'r :.• •'•..t:t`'rt�:`h.t•• - 'y '•:f:y'•d. r'••,i 1_,y'S••:sk •.. O1�C. I•am a sole proprietor and•have hired the independent contractors listed below•who haw le following workers' compensation polices: '. .,y•Aa. .i,ttt-' ,r: '}e•'+ •:i?.r 1;�,�•.. .< tf. ''r ,ul..:y4`' ';,•'.•;t, r v. t: .a:.-..,'. ' • ,:'t.' y:s'`•R!t• .4. 'r. .... , .i, '•4.•nt,:i'r:,•:��.'ti i..�•'''i. r�:��:�. com ea 'earns. _': j: 'E�:..r:+ .,; :i , . :, °.'•'' .:�r�'':�3 �:r •�. iti.is ''r .•• f ?i• •'� ,:::;'�•:.•... J � 'Y; .5.:•�' •r\,S•:, �.Ct'�:. rt�(.! ::�. .T„� •i.•''s• •i •�' _ rt1•"t,"t. !•.•.` .,t;t. ay '• i ��:, '•�r 4',�• _ "Z.• r ` lle' :. :�•�':t•: 1y•:t:• j, .r':�r •?r.,�"Y:r.`r,s '� "+�a! r: ,t 'R':t'• : r;i,SS;' r,l':,, `,.; :i:a;.r .',Y.;`•(`i.:�., •t.. ;r^•.. •, •i•�.., ..•., u',,:j'..' '.� SSA '' ,� •,}:. •�r +•101 c r.a,.2.•i=.:•:7.`.,y.. :�. :•. Insurence'cu. 'r ' •;. ••ii:j ., •�: :i•Sr'•.'J � :t.Ztt� .: :r. lr: :�.• 'i�.4•'.::,: s, •:.•ttw^ ,s: i• �, r; 1• \ :':!J ;t4.•.:.'r r.:� �<�p'; �• •�: . ti.: ,;�'r.!% ;'{.f.�'t• .'{•• •`bt.. t.•,..+lt�,'k;trsr�,l'' :r•.rtar~•t,�'. :.�.�i•'�'• ON coin`en• Denis::Syr ':�:;t, : :` _ : . .;_ ':i'-••?':. 8adreSS: .. ': . : y� _.•�.r' .;r-ti•ue:'. , CI' it tr a.• i.. r:. x:, yQy•',a: .' ::e: r �i::�;.`?':t?.l'.:1.y' ', • +r�i�.i Lr,•; r'� 4;y: iwiiwwwriftift ;, , GL 152 can lead to the impositio P.fnsiir$iic•"�b:• ''• ;. ..;• , � -•••:•� •.:; t,.�' •• ��i. 01 of of to$1,500.00 Failure to secure coverage as required� e in the foim r Section 25A of of a STOP WORK ORD and a fine ofrlOQ DO allay agaiiufine t me�I understand that Kr one years'imprisonment Rs well as civil penalties copy of this statement maybe forwarded to the Office of Investigations of the DIA for coverage verification I do hereby certify Und thepafns Qnalties of perjury that the information provided above is fr an d correct Date _ Signature - >L� Phone# �Q �•7s�317 V Print name official use only do not write in this area to be completed by city or town official permft/license# []Building Department city or town: []Licensing Board ❑Selectmen's Office Q'checkif immediate response is required []Health Department , contact person phone#; ❑Other (Iea+ed Sept 2003) Information and Instructions• Massachusetts General Laws charter 152 section 25 re wires all to ers to ovide-workers' ensation for*their.- ernployees: As quoted frome th f`law", an employee is.defined as every person in the service o another under arty contract of hire, express or in plied; oral or written. An employer is defined as an individual,Partnership, association, corporation or other legal entity, or any two or rngre of the foregoing engaged in a�joint enterprise,and including the legal_representatives of a deceased,employer,or the receiver or trustee of an individual,partnership,,association or other legal entity, employing employees. 'Howevei.the owner of a dwelling house bging.'not'n'ore than three apartments and-who resides therein,or the.occupant,bf the.dwellinghouse bf another who ernplbyspersons to.do.*nainipance, construction or repair work on such dwelling house ox on the grounds or building appurtenant thereto shall not because of such employment.be deemed to be an employer. . . IYIGL chapter 152 section 25 also'staies thatevery. state or all i� legal licensing-agency shvithhoia the issuance dr renewal of a license or permit to operate a business or to construct buildings in the.cornmonwealth for any applicant who has not produced acceptable evideriee'of�coinpliance with the insurance coverage required: Additionally;neither'the' ' coninnonwealth nor,any.of its political subdivisions shall enter into any contract for the performance of public work untir acceptable evidence of compliance with t�e insurance requirements of this chapter have been presented to the contracting . authority: Applicants Please fM in the workers"eompmsatiorr affidavit completely,by checking the box that applies to your situation.,Please supply company name address and phone numbers along with a certificate of insurance as all affidavits maybe submitted to the Departrnerit of industrial Accidents•for confirmation of insurance coverage. Alsobe sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding Ihe'"law"or if you are req uired to obtain a•workers.'-compensafimpolicy,please call the Department at the number Hst;d.b low. City or Towns . Please be sure that the affidavit is cbmplete andprinted legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to film the perrrnt/hcense number which will be used as a reference number. The.affidavits maybe returned to the Department by matt or FAX unless other'ari angep=ts have been made. The Office of Investigations would hike to thank ybu in advance for you cooperation and should you have any questions, please do not hesitate to give us a call I Y • The Depactrnent's address,telephone and'fax number: . : , The Commonwealth Of Massachusetts. Department-of Industrial Accidents emce of lins#igiens 600 Washington Street Boston,Ma. 02111 fax#: (617)727-7749 7g Qri1G�P z<! Tx81c,1mjb(coAtWsced) gaud with Foull F'urlit Pm ar1P txyc F'aekz&a far QAa s.A1 T'11*"%=1tr FicddantL4 aAitdiA� MrmMt% slib •H aunglCaaling kAXfmuld� Ceiling Walt Floor U A as �� �pmcat F[Ftcirsscyi C3t�n� ang R-t�Ic►ei R-valuer R-Yslucr R. r &Yxlaa p�ag� 57oi�c a9ao xatlAg n�p;�' 8 Naca�a( 13 ' I9 IO � jlonrucl IZ`!• 0.40 3S 19 lg 10 l5 AF�•1E 121/1 0-52 31 13 19 1Q A Norm%, 12'/. 0.5a � N!A Nomsa! iSY. a.3a• 33 13 19 to � is AFtIE V IN[ 0.44 71 19 13 25 NIA NSA • is AFUE Y 15Ys 0.44 30 19 19 10 NlA Momsal a�Z 11 25 NIA K�A Nannal 13 11`/1 03Z 19 25 NIA 40 AWE Y WK 0.42 33 19 10 b 6 � 1 0.47 90•AF x 11l. 30 19 19 10 IVA 0.30 L, ADDRESS OF PROPERTY: n D Q - SQUARE FOOTAGE OF ALL ETEaR`'`f�'LS, 2 / 5 3. SQUARE FOOTAGE OF ALL GLAZING: (�g 5 ? g �. %GLAZING AREA C#3 DIVIDED BY#2). .sLBCT PACKADE '•See Chart ahoYo): UIRE,MENTS OT-OEg,MORE 114VOLVED METHODS OF DETER o G ARE AY 0 B ,DING INSPECTOR APPROVAL„ N0; YES' q-farms-fl80303a Affidavit of Substantial Financial Interest 1, �e�<< ^p•���Y of fox 'In Ag ' , on oath depose and state as foll s: 1. 1 am an applicant for a building permit for the property located at Map , Parcel /Z The address of the property is 17 1e tfyan��s__ 2. 1 have % legal or equitable interest in the real property which is the subject of the building permit application which is identified in paragraph 1 above. 3. Within in the last twelve months from today's date, which is , the following individuals or entities have had a 1% or greater legal or equitable interest in the real property which is the subject of the building permit application which is identified in paragraph 1 above: Name Address 4. Within the last twelve months, from today's date,which is , I have had :a 1% or greater legal or equitable interest in the following properties which have been the subject of a building permit application: Map/Parcel .Address 5. Within this calendar year, I have submitted C> building permit applications for property in which I have a 1% or greater legal or equitable interest. 6. Within the last ten days, I have submitted U building permit applications for property in which I have a 1% or greater legal or equitable interest. 7. Within this month, l have submitted 0 building permit applications for property in which I have a 1% legal or equitable interest. g. Within this month, I have received building permits for property in which I have a 1% legal or equitable interest. Signed,under the pains and penalties of perjury,.this �s day of I&CA- , 200y 2001-0o50/affin 1 O/LOTTERY/AFFIDAVIT RESIDENTIAL BUILDING PERMIT ME 'ES ' APPLICATION FEE New Buildings,Additions $50.00 4�0 --- Alterations/Renovations $25.00 Building Permit Amendment $25.00 FEE VALUE WORKSHEET NEW LIVING SPACE /6 5(o square feet x$96/sq.foot x.0031= 3 plus from below(if applicable) ALTERATIONS/RENOVATIONS OF FMSTING SPACE square feet x$64/sq.foot= x.0031= plus from below(if applicable) ACCESSORY STRUCTURE>120 sq.ft >120 sf-500 sf >500 sf-750 sf 50.00 >750 sf- 1000 sf 75.00 >1000 sf-1500 sf 100.00 >1500 sf-Same as new building permit: square feet x$96/sq-foot= x.0031= STAND ALONE PERMITS Open Porch _x$30.00= (number) Deck I _x$30.00= (number) a � Fireplace/Chimney : 1 — z$25.00= (number) Inground Swimming Pool $60.00 Above Ground Swimming Pool $25.00 Relocation/Moving $150.00 (plus above if applicable) Permit Fee f projcost 03/24/2IN 13: 25 5064201536 ALBEPT SCH-LZ EP PAGE 02/16 ALBERT J. SCHULZ . 2I.56140t, ATTORNEY AT LAW WILLL Y. CHARLES F LI,%,C'B 7 PARKER ROAD OSTERVILLE, MASSACHUSETTS 024355-2034 IELEPf: NX(0,06)420-0950 PA,CsAWL.E(3Q6)426-L53e March 23, 2004 Samuel C. Traywick Craigville Realty P.O. Box 216 West Hyanrisport, MA 02672 VIA FAX: (508) 771-5336 and First Class Mail Re: 9 Elaine Road, .Hyannis Deal-Sam: I have examined the title to the real estate at 9 Elaine Road, Rvarwi,s ("Locus"), and the adjoining parcels at 9 Elaine Road, 21 Elaine Road and 49 Lillian.Drive to determine whetter any of these parcels have merged with Locus for zor.i,ng purposes. Based on my examination and the information you have furnished, I render the following opinion: l, Locus contains 10,540 square feet; 2. Locus is located in a RIB residential zoning district and a Wellhead Protection Overlay District(WP), 3. Locus first became nonconforming in February 1985, when the minimum area requirement was increased from 10,000 square feet to 43,560 square feet(1 acre). 4. At no time since February 1985, has Locus been held in common oivnersbip with the parcels at 21 Elaine Road or 49 Lillian Drive. 5. Title to Locus is presently in the name of K.imyon R. Cole, Trustee of Cole Nominee Trust by deed from John G. Doherty, Trustee, dated January 30, 03/24/2004 13:25 5084201536 ALBERT J SCHULZ EP PAGE 03/16 e 21 561 st.ltr 2001, recorded in Book 13529, Page 123. Tab 1 6. On January 31, 2001, the sole beneficiary of Cole Nominee 'Trust was Teresa Cole. Tab 2 According to documents furnished to me by John W. Kenney, Esquire, the Cole's attorney, the beneficial interest was revised on June 27, 2002 as follows: Teresa M. Cote - 50%, Steven D. Cole- 25% and Albert I Behmonte -25%. Tab 3 7. Title to 3 Elaine Road is presently in the name of Kimyon R. Cole and Teresa M. Cole,Trustees of The Cole Family Trust,by deed dated October 15,2002, recorded in Boob 15760, Page 61. Tab 4 Prior to this date, 3 Elaine Road was owned by Kimyon and Teresa Cole, as tenants by the entirety, by deed dated July 12, 1974, recorded at Boob 2106, Page 256. Tab 5 S. The Cole F ily Trust has not been recorded in the Ba stable Registry. The Cole's mey,John,W. Kenney, has furnished m ith a copy of the first page of the truzit,whict inditates, tit ole and Teresa M. Cole are the initial primary beneficiaries of The Cole Family Trust. Tab 6 8. On Match 4, 2003,an instrument entitled "Certificate of Trustee Under M.G.L. CH. 184, Sec. 35, dated Marcb.2, 2004, was recorded in Boob 18282, Page 101. This instrument provides that The Cole Family Trust was formed car, September 5,2002 and bas not been amended, revoked or terminated. Tab 7 9. Based on the above facts, 3 Elaine Road and Locus have not been held in common own:ersbip at any time since February, 1985. Please note that even though Locus may be considered a separate building lot for zoning parposes, the Board of Health has restricted the number of bedrooms on Locus pursuant to restriction recorded in Book 12764,Page 237. Further, Locus is in a Wellhead Protection Overlay .District and subject to Lot Coverage(25% or 2,500 square feet, whichever is greater can be rendered impervious) and Site Clearing(minimum 30% o.`lot maintained in its natural state)provisions of Section 3-5.2(7). Please review this and give me a call at your convenience. 03124/2'004 13:25 5084201536 ALBERT J SCHULZ EP PAGE 04116 K 21 S61 star ; Sincerely, , Albert T. Sc ulz AJS/jfs Enclosures i I ' ti �03I24J2004 13:25 5084201536 ALBERT J SCHULZ EP PAGE 07116 MAR.19.2004 4:17PM ATTY JOHN KENNEY N0.910 P.3 COLS NOMM<'Tj UST i OCErEDULE OF 13ENEFICIARMS The unders ped hereby Y that they are the sole Denefic=iea of the COLD, NOMM EB 7RUS'T established under Declaration of Trust dazed January 31, 2001 and that tba fbMwing are their b ficial,interest dw=der; enciary Te tage of 13aofiow werest i Tema K Cole 100% The terms of said Trost ere hereby approved and the uadersigned 13enadciaries Agreo with tlro Trustees of said Trust(a)to be ba=4 by said Trust;and(b)to save the Trustees'harmless ftm my pmonal liability fir any action tale at the direotion of the 13eneidrles, or for any =or of judpaent,or for any Ims asking out of any act or ombmim in the exec+ufm of the'Trust so IMS as the T'xtamw aot in good faith,and(a)that fe T.rrstees may withhold,fits any&tribtdaon,umft or couveyancc such amounts as thay tom time to time reasonably deem necessary to protect *=selves from such liability,and(d)ftt ear-74 T Wft be mpansg3le only for such Trn�s awn wi111tat breach of trust, and (e) to reimbum the Trastess for any ex es azrcuared in the peafam=ce of their duties. ! Vxecuted as a sealed inst mneat this 31 st day of January,2001. i ti Teresa M.Colo } i i i , 03/24/2e04 13. 25 508420153E, ALBEF'T ::rCHLiLZ EP PAGE ;il;.'16 fiAR.16.?004 d 17PM ATTY JOHN KENNE'Y i YJ.910 P.5 COLE N01MI N>C E TRUST RE ISED BENERCIAL INNITREST SL'H-ZDULPF, i he undeniped hereby t certify that they me 4he sole beneficMes of Cole Ncminee Trost dated January 31,2001,recorded with the BaMgMblC Cou ty pwgistry of i?eeds Book 13529,Page 118,aid that the following=their respective beneficial interests thereunder: Beneficiaries Percent of Benefiata.?Irsterest Teresa M, Cole 54,11c, A�bcrt J. Belmonte 25% Steven D.Cole 25% ILNESS our harms and seals as of the i7l"d Y 0' Ju te,2001 Teas M, Cole AlbertP Bc;rasante Steven U, Cale 03/24/2004 13: 25 5084201536 ALBERT J SCHULZ EP PAGE 15/16 MAR.16.2OO4' 4:17PM-- ATTY JOHN KENNEY=- - ----- THE COL + FA IL' TRUST This 'Trust A meat ii made by R, Robert Code, a.k.a. Kimyon Robert Cole,a k,a MMgoa R.Colo and Tema M,Cole both of the County of Barnstable, COMImOmwealth of Massachusetts, hereinafter referred to as "Truster," and K Robert Cole and Teresa M. Cole both' of the County of Barnstable, Comm mwealth erf Massachusetts,heminaf4er referred to as"Trestea.'" Retrence in this Tryst to rise "'I mtee°' shall be deemed a reference to whoever is serving as Trustee,whether original,alternate,or successor, The initW primmy Beneficiary of this,Txwt Estate shall be K, Robert Cole and Mema M.Cole. The effective date of this Trust shall ba the date of the execution of ttuie ']Crust Aunt:. L Tnut Property A.Origitlal'Trtlst Mate The T ustor transfers, assigns, gents and conveys all ttaagible persoaal pmPert9 in which the Trustor slow has as interest or may acquire in the future,to the Trustee. Such convey& ce is the origiuet eorpus;of the Th&*Estate. B.Additions to Trust Estate I Additionai property may be added to the Trust 13state at any tune by the Tcustor or by any person or persons, by inter vivos or tesu mmtuy transfer. AN i such original and additional prop"is referred to herein coileatively as the Trust Estate,and 4hall be held,managed ad distributed as herein provided. F prepared by the'Law Office of Pwicia J Mono,PC 766 solmoutk P,40A Masttpee,MA 02649 508.477.0267 r j i 0 i_: '24 _!C 4 1 15 A'LRFFT J SCHULZ E,.'P PAGE 16/16 CERTIFICATE OP, TRUSTEE UNDER C.H. .1-84,SEC.35 Cok, of 3 F lairge Road, Hyarinis, hereby We, K, Robcxt Cclt,- a c-efLify &nd attest u; folloWs' did v%eate 'Yhj� tole Family Trurx, 1. Oil September 5, '1002, Is Oe T�99t,Jr9 ihltrecf, w re�,.a M.C ,Trustees of said Trus% ,jppojntiiV K� Robert Colo-and Te oie as theo�,jgina! I rus r U d r,.(>f, j(. F�obw, Cole ;rind Teve3a M, Cole acre the ", ent Tr stees of Sm- 2'. As of the date h Tt'. -re.kjonary acts as Trustees without to pe, r1n di, 3. 1.110 T-Ustet"s of SaidT st have IV �� po fa Lhe 0, -in or direcfion of the benel Iaies? 4. Spcifically, the Tnstees Of -sPid Tnist have the authoritY to convey, mortgage, louse ard CaSenjell. of any st jr.re.al estate; ,Y 0()�_'er ip"r gnilit restrictLons or Lere e- NoLhing in said"Itust khe pov!ej of the TrLzwes to convey,TrOl ag ,lease ol' gralt re,&icdons or eas�"rents or w,,i,y other j,,jterast in real 0_;tZtt,, -Yadiido-n pre(,edel comitutcs a, t to a'ts by the oxistence,or Y=exi,�tellce of a fa of - ' W1 be bi6&r-on j. e to af.1 ally otbp the T UA S Tii�,%tees or Which ill good faith a'l! Truntees and the trus.,estate kii favor of t mhastl' or 01bet reXSK� pug on the certificatiOn, 7. As of the date heteof, said Trull hits not beert. <m-4u&d, ,.-ewoXed or and is in,5 11 rr=and effect; 8: .6.141 parr"I't'S M,Y rely witbout furth,3r jptp;rjag on our Ws IR& The currcf�t'Tmstees -ale yesqs of age or of 2nd of 5011 rk - S of-perjury day 2004, Sipe"nde!,tho pains and Peaallde Tragor and Trustor and'Fru"leQ CONIRVIONINEAM T E OF MASSAC-1—V! 3MITS Barnstable, ss Curt this 2nd"lay of Wrell, 2004, b6)%, Me, the.UD&IS1, tied potary P14101X, palson'Aly appeareck Coic and Teretsa,M. Coll-,proved nne thim-10 4.',eiqactory"Vidlence of identification, tajLj� "ft 'ed'ng or to be the M,s(ttis whost�­iur,�'ts We -which wereiYO—PA& thn't they Sign el it,voluntalil�� for its stated purpose. %tached docu�o� blowtej.ged to me and,, MET sim"poLi3p io,",expires: *C440AW eon kv 2VI,2=" 10 i:v thr.Law 766 F4jtp(iufj R�nd, 0_A0 ?721 67 Of DEEDS, Town of Barnstable IKE "o Regulatory Services BAMSTABM Thomas F.Geiler,Director 1639. .• Building Division �fn o Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: �1-t /Z number street village "HOMEOWNER <s;m 11,-5wwll k y a e -7 75-3/7`f name V home phone# work phone# CURRENT MAILING ADDRESS: /yP s1/ D /P J7 0,�2 —75) city/ state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building_permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Bamstable Building Department minimum inspection procedur d requirements and that he/she will comply with said procedures and require ature of Homeo r Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. . HOMEOWNER'S-EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forms:homeexempt Town of Barnstable Regulatory Services BARNSAM Thomas F.Geiler,Director fo 59. 6. � Building Division Ralph Crossen,Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 August 9, 2000 Case&Rapp, LLP Attorney Stuart Rapp 1645 Falmouth Road ' Suite lE Centerville, Ma. 02632 Re: R248-199 - 9 Elaine Road, DL#34 Dear Attorney Rapp; Please be advised that I reviewed the documentation submitted and agree that the aforementioned lot is buildable from a zoning perspective. Sincerely, G Ralph Crossen Building Commissioner x .1 ® - F G F G U G ! G G F U Western Surety U n n I G ' u G U F LICENSE AND PERMIT BOND 0 E F For County,City,Town or Village Only-Not Valid for Bonds Required by the State.Not Valid for Contract, ; F Performance,Maintenance, Subdivision,Agent to Sell Hunting and Fishing Licenses or Utility Guarantee Bond. il u KNOW ALL MEN BY THESE PRESENTS: BOND No. L&P-4 3 0 3 2012 That we, Samuel Traywick I of the Town of Barnstable State of MA , as Principal, and WESTERN SURETY COMPANY, a corporation duly licensed to do business in the State of MA , as Surety, are held and firmly bound unto the Town of Barnstable , State of MA , Obligee, in the amount (Valid only when a County,City,Town or Village is named as Obligee) of Five Thousand DOLLARS ($ 5000.00 )2 (NOT VALID FOR MORE THAN$25,000) lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, jointly and severally. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the Principal has been licensed As a builder/homeowner by the Obligee. NQ ±v EFORE, if the Principal shall faithfully perform the duties and comply with the laws and ord:iiiarrees.(inlq all amendments), pertaining to the license or permit, then this obligation to be void, oth s . to xern `Y i'� n full force and effect for a period commencing on the 2nd day of _��• arch +'�, - , 2004 , and ending on the 2nd day ef • Irch ?' 2005 , unless renewed by continuation certificate. : 1 on Eay.bee terminated at any time by the Surety upon sending notice in writing to the Obligee and to th'� cipal, in caiboof the Obligee or at such other address as the Surety deems reasonable, and at the expira tion'�ptlirty- ` ) days from the mailing of notice or as soon thereafter as permitted by applicable law, whicheve °`this bond shall terminate and the Surety shall be relieved from any liability for any subsequent acts or omissions of the Principal. Dated this 2nd day of March ,2004 Samuel Traywick Principal f- Principal ountersignd WESTER SURETY CO ANY F _.. T G BY BY `{ Resident Agent President G r F ACKNOWLEDGMENT OF SURETY TAT OF SOUTH DAK l (Corporate Officer) ounty of Minnehaha f ss b On this day of ,before me,the undersigned officer,personally u appeared Stephen T.Pate ,who acknowledged himself to be the aforesaid officer of WESTERN SURETY COMPANY,a corporation,and that he as such officer,being authorized so to do,executed the foregoing F instrument for the purpose therein contained,by signing the name of the corpo on by himself as such officer. ; IN WITNESS WHEREOF, I have hereunto set my hand and official se G U J. RHONE NOTARY PUBLIC e ' SOUTH DAKOTA sL otary Public, South Dakota My Commission Expires 6-12-2004 Western Surety Company • 101 S. Phillips Ave. y G Form 849-A—12-97 ' } Sioux Falls, SD 57104 • 1-605-336 0850 f F ACKNOWLEDGMENT OF PRINCIPAL G (Individual or Partners) STATE OF G , F SS � G County of F U R On this day of ,before me personally appeared G G � f e G F � f � U � U known to me to be the individual— described in and who executed the foregoing instrument and G p � 1 G F acknowledged to me that-- he—executed the same. n My commission expires Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporate Officer) STATE OF ss County of On this day of ,before me, personally appeared , who acknowledged himself to be the of a corporation, and that he as such officer being authorized so to do, executed the foregoing instrument for the pur- poses therein contained by signing the name of the corporation by himself as such officer. My commission expires F Notary Public G \ G FC\ n ` E-F n F � P . � n G � n E /V p ^ W cCjce G G F. G fi G o A zrn F n F , a ce ; G O Z � W � G O c W GJ 14 F + 33..1p DECK \ ��. n 4 5IF RESERVE EVER �� \��► \ C,ARAIGE `\ / \ UTILIZED. H-20 COLONN"I'S AND VENT ARE REOUTIREO :wt5 m \ �• ��-_ SYSTEM IS NOT omo /` \ 1. # PROP- / �,, SMARK FOR VEHICLE / � \ PROP. 2 9R \ -'� LD ADINC a // . 11 t wElllNG \ - \ � M / DECkv a' TF = 33.75 3J 1# -!� s s_ OD / s \ / ,• .'�, ems. 36 1.6 / ��O / 32.6 EXIS EXIST- DWELL \\w DIRT RIVE L ENT 30.2 \ \ / BEMCH MARK — TOP OF TOWN OF BARNSTA8LE / ROAD BOUND. EL. =31.8 l�9 m m ' N ' ip - N W W w f �FtHE► � The Town of Barnstable 9 BARNSTABLE.q Department of Health Safety and Environmental Services MASS. 0 �A t639• �0 ffC A. Building Division 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice p o o ce �a.Type of Inspection T o S tw 6 Location F I C O_r (,e j Permit Number 7 Owner Builder One notice to remain on job site, one notice on file in Building Department. The following items need correcting: l r f� LA 'S�J 8W �,P� U3 R 1, Please call: 508-8(6�2-4.38 for re-inspection. Inspected by ,V I Date L . P`Op1HE'O�~.� The Town of Barnstable BAR Department of Health Safety and Environmental Services ASS. E. ' Y MASS. 0w 1639. �0 A�FOMp�a _ Building Division 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection F—r-a m,� Location `� C�u I A2 rcc Permit Number >6a-7 9 Owner Builder One notice to remain on job site, one notice on file in Building Department. The following items need correcting: J rAEM6<r �VL heeds C_6'r'r uge boils aS oer LAY-cr Please call: 508-862-4038 for re-inspection. Inspected by J Date i rr ti �z f A L oLU w 1-- w oca C) Ile r: v� Bti cK . .0PT. D � tau 0. 0 iLIdST, _ 1 -SIC- PBd,a eo s��,,�,•G. 'D 1/T,.` 1�1/.9 71G,V j LG iy/TE C'fT77.9� k/GIVO S.�/.VALES s"r la�,r TfJ. I F•P.. BLJLtffJE7?D 1. SC�SLGE:%L a/-D'. Il oFT - �7-xAo i f Y !Z 13�i8 Nf y i FP, O PT w000 Sa✓/.vGLF s�oitiG w vi M 7ZOvV /L N&st=k&—z> - Z 2-0 A-o 6-o o-o. 1 .ara'C 0 N 11 �� � � ;L 0 0 .Q/N/NG , 1-� AWl oxi2-L= 0 �1 f '-6 :7,11 1 M ROCK - HALL -0 AN i M • J-o -----� i � 0 9-9 2 2.6 /3 -0 )PiRs7 AAeoo2 P2A.y_ t 6_o /2-0 _ r . In �1 S�GatiU �9 ct . yQB LF 0 L J.V. N i 9 /,VS Ti�1 t !✓/Nmc�/ 0 QN /F NOY 4::z AGE ��► - 3-0 13 rl ;j R/pi r BMW I �T/M�t,CL/NLr 3N/NLL�$ � o•c, v n'trrt VA, "a SIDE Lxiriiv �oeU� re /.vSOXE' Ap Allow Ale JOAC,lr' /X rSo P6• IZ lG-VENr Ov_u0 /2 r Q BQOR/�Zf nJ `r/Bw Sr/BFitca�t riGYOsuM BAVd F.G• /N30.x • / / ' [t/A�tL S IWAIN& JN Tl.'/NG • 2X/o Oi6"a•c• CR.tDE — 3- mo,Aw Zx %s 2c G -C/Z L w-SILL SEA•G MAt 8 i 3"cDwr vL 9 7�9`XE G-A'VG fir W"Z 2•ex z-e x W'7';'. eN A /b` Xg• POND -7n , ['O•VG. L�DL. CTL F2AM� SEG-Tiolt/ r J IWX W' Pr, UEc`c - A,-Top 10'• SoJA _ . C� ,. 8yLY0 :Du%gc TIPEC /f .. I +1•'(.ONC. _,LAWS _ - WA L L to LONT FTGcj. ALL. - 30"x3a-x ro'..CpAr_ PA DS� I 3 axla6neT 3/s'taNr cap. +,�� D SLOPED 'D a+A Ll �BpL.CDA�1_•, - �7-9'NiGN 8'YO�Jr 4JALtt V 7- ( r sr�'-n•r - i i JUN-01-2004 01 :52 PM DOWN CAPE ENGINEERING' 508 362 9es0 P. 01 t .. 1 O� 00 I CONC. FNDN. LOT 34 10,5401 SO. FT. WOOD \ �� T.F. -. DECK 34.5' O 0� EAS�MENT,A J090 04-048 FOUNDATION.-PLOT PLAN FOR THj-. S,6SS. fMAP G A BUILDING PCRMIT ONLY PREPARED FOR:' LOCATIo SARI TRA YWICK SCALE ,28, �2004 REFEREN2�48 1M 199 I HEREBY CERTIFY THAT THE SIRUCTURE SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS SHOWN HEREON. IN OF M,f off. 500-362-4541 AR NE fox NS-302-9080 H. 4 OJALA down cope engineering, inc. ®;i` Ni 348 w CIVIL BNGl14Y1;ERS LAND SURVEYORS 939 main st yarmouth, ma 02575 DATE �— REG. LAN VEYOR Y LOT 33 p Y LI�LIr4 6��� / PLAN REFERENCE: A°` PLAN BOOK 165 PAGE 41 LOT 95 / rz.rss sF t LOT 32 LO T 38 f NAIL SHEDS NAIL ^ LOT 34 TO THE BEST OF MY INFORMATION. KNOWL DC: a;. ro s�o sF (� AND 6 erg \ Y THE STRUCTURES OTHER�NF CERTIFY-35 ORMATiOSHOWN'N MAS BEEN LOCAT! THE CaT?OIiND AS INOICA ' — — i SHEDO�Q_t� \ ` T• \\ 3DATE 98 'P.L.S. / E . fN° y° LD o - SOT 36 W • p _ Q � O ! t L. fNQ. 9 ,o0.s: 'S a � AS - BUILT" PLOT PLAN I1V CARL OTTA A AfAfrOnf R. & TFRESW Af COZZ 1 9G41.8 JlNB 30f1 M{i NCO AE a ti. 0 30 6a .40'vv D6 i k e ' C.P Pr:O . F r Bk 16618 P9176 036088 03-24-2043 a 12:41P Quitclaim Deed We, Kimyon R. Cole and Teresa M. Cole, Co-Trustees of The Cole Family Trust u/d/t dated September 5, 2002, of Hyannis, Barnstable County, Massachusetts, for consideration of Less Than One Hundred Dollars and 00/100 ($100.00)paid, grant to Kimyon R. Cole and Teresa M. Cole, Husband and Wife, Tenants by the Entirety, of 3 Elaine Road, Hyannis, Barnstable County, Massachusetts, the land with the buildings and improvements thereon known as and numbered 3 Elaine Road, Hyannis, Barnstable County, Massachusetts, with Quitclaim Covenants SEE EXI IIBIT A ATTACHED HERETO AND INCORPORATED BY REFERENCE Witness our hands and seals this 18th day of March, 2003 Kimy6n R. Cole, Trustee Teresa M. Cole, Trustee The Commonwealth of Massachusetts Barnstable, ss. March 18, 2003 Then personally appeared the above named Kimyon R. Cole and Teresa M. Cole, Trustees and acknowledged the foregoing instrument to be , their free act and deed before me, Notary Public: RETURN TO: My commission expir�es: t � � Mr. & Mrs. Kimyon R. Cole 3 Elaine Road Hyannis, MA 02601 r Xb18 P9177 �3bD88 with QUITCLAIM COVENANTS, the land in Barnsta a (Hyannis),-Barnstable County, Massachusetts,together with any buildings thereon,bounded and described as follows: SOUTHERLY by Elaine Road and Carlotta Avenue, as shown on a plan hereinafter mentioned,one hundred thirty-six and 75/100(136.75)feet; WESTERLY by Lot 37,as shown on said plan,one hundred and 00/100(100.00)feet, NORTHERLY by Lots 38 and 35, as shown on said plan, ninety-three and 38/100(93.38) feet;and EASTERLY by Lot 34,as shown on said plan,ninety-eight and 16/100(98.16)feet. Being LOT 36 containing t 1,705 square feet,more or less,as shown on a plan entitled: "Craig Port a Residential Subdivision in West Hyannis, Mass. property of Rolkin Realty Trust, September 1961, Ed. Kellogg, Eng'r.", which said plan is duly filed in the Barnstable County Registry of Deeds in Plan Book 165,Page 41. Kimyon R. Cole and Teresa M. Cole reserve unto themselves a life estate in the above referenced property. Kimyon R. Cole and Teresa M. Cole, having an ownership interest in the above described property and being 62 years of age or older, and being entitled to an estate of homestead of elderly persons, do hereby declare that we occupy said premises as a principal residence and claim homestead protection under G.L.c. 188§IA. Subject to any and all existing restrictions and encumbrances still in force and effect. For Grantors' title see Deed to Kimyon R. Cole and Teresa M. Cole dated July 12, 1974 and recorded with said Registry of Deeds at Book 2106,Page 256. 74 u cr. c I . BARNSTABLE REGISTRY OF DEEDS `v B K� 0 9PAGE �• � B(1 FIR 19 04 j n,�" Cranfr TEAT iHls PLAN WAS MADE IN `- ACCORDANCE WIT1 THE RULES AND REWlATWS dP NINE R[GSTNARS OF DEFDS AS ADOPTED y... 'Sh 33 6/19/)5 L AMENDED I/7/88 AuNEIOT YALSON 'menu R `=Y DEED BK 32M PG.65 V DATE A E H OJAIA PLS 1 S TS $J - w LOT 35 C�x 17.4651 SO.FT. FOP PEGISTRT USE ONLY yT 3i I HEREBY CENNFY THAT THE PNOPERII ANTS SHDWN S GIRANDAA GAWEllE ON N'S PLAN ARE THE Lt.[$DIMDING EXISTING DEED Bk )A8,PL.314 OWNER IRS.AND THE UK$OF NE r WAYS OWN RE NOSE OF PUBLIC OR PRIVA1CsTRCE S OR WAYS ALREADY ESTABLISHED.AND THAT NO NEW LINES k q` FOR gNyW OF EXISTING OWNERSHIP OR FOR NFW Y WAYS ARE SHOWN LOT M \ DAIL ARNF H.OJALA PL 5. GRETCHER MAYEF EASEMENT 8 DEFD BA IJJ9L PG.]W 3.353t SO,FT LOT 3d 6 1U,_1 SU.F T /A, 95 OWNERS OF RECORD p 93.)8 / WOOD 2h� 5 73Al2O DECK \ .DT SA \ ASSESS.MAP 248 PCL.199 \S U E IMYON R COLE 4 IRUSIEI COLE NOMINEE 1RUSi LOT JG 9 \��A h°SS HvANNI' DEED BK ,MA O]601 3519 PG,123 KIMYON N.G TERESA M.COTE e \ DEED BK,21M PG.2M4 Ex15TNC A \ LOT 35 DWfIIING V Hof_ \ Q.Q / ASSESS MAP 248 PCL.200 EASEMENT A\ a1d ALBERT J.k ALLISON J.SELMONTE 1,3703 S0.FT.\ �y / 97 02 DALEWOOD OR. LOT 29 1) o P,\O 5K J529 P(: T27 .TIN.TEXAS ) DENWS Y GEORUNNC FOGEY OEE0 B pp (`V`• DECD BK 13655 PG.91 'p % PLAN REFERENCE.PLAN EX.165 PG AI b° Ls156 , EASEMENT PLAN OF LAND IN -- BARNSTABLE, (HYANNIS) MASS. PREPARED FOR i so6 x)-11j CARLOTTA AVENUE KIV)'ON R. & TERESA M. COLE ,+lawn cape engineering, inG (AO TOWN WeT 1 70 0 20 aD 60 F1. ff CIVIL ENGINEERS --------- - VLAND SURVEYORS - 939 m0in 61.XTrmwlh,m0 02675 SEAL F. I -_ 20 JANUARY 28,2004 JOB# 03-021 5e4-�� ti� , � V.� �� 11�7 %� MA97 # 3 ,10 ,'�' # 59 � - _ 48 -�- MAP 248 19 g 200 # MAP 248 # 49 �P 248 03 �� 0 2 29 A,,39 MAP 248 3206 19 # 9 u" M • P 248 L1AP 28 MAPSi48 ) g AP 248 20 20 # 5 # base248.dgn 4/14/2004 2:36:30 PM Parcel Details Page 2 of 3 t� N t Outbuildings& Extra Features Description Units Appraised Value Assessed Value OwnershipHistory ry Owner Book/Page Sale Date Sale Price 'CAPE COD BLDG SUPLIES INC' 1397/616 t !$0 0 SKALA, MARK A. 17016/218 6/2/2003 $277,000 WILSON, JUNE F 13236/065 9/13/2000. $ 189,000 DAVENPORT, JOHN C 12802/085 1/27/2000R $54,000 2004 Tax Information: Tax Rates: (per$1,000 of valuation) Town Tax $ 1,556.66 Town Fire District Rates 6.61 Barnstable 2.01 Hyannis FD Tax $478.07 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $46.70 Hyannis 2.03 West Barnstable 1.36 Due to rounding differences these Total: $2,081.43 values may vary Other Rates Land Bank 3% of Town Tax Building Sketch _ .... r/ 3 Sketch Legend BAS First Floor,Living Area SFB Semi Finished Living Area BMT Basement Area(Unfinished) TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.usAVebmap/assessorsK/dataviewk.asp?mappar=248197 3/30/2004 Parcel Details Page 3 of 3 CAN Canopy UAT Attic Area(Unfinished) FAT Attic Area(Finished) UHS Half Story(Unfinished) FCP Carport UST Utility Area(Unfinished) FEP Enclosed Porch UTQ Three Quarters Story(Unfinished) FHS Half Story(Finished) UUA Unfinished Utility Attic FOP Open or Screened in Porch UUS Full Upper 2nd Story(Unfinished) FST Utility Area(Finished Interior) WDK Wood Deck FTS Third Story Living Area(Finished) FUS Second Story Living Area(Finished) GAR Garage GRN Greenhouse PTO Patio By using this site,you are agreeing to the following terms and conditions. DATA SOURCES: Assessing information is based on FY2003 data. NOTE:The parcel lines on the map are only graphic representations of property boundaries. They are not true locations,and do not represent actual relationships to physical objects on the map. For more detailed information on map data sources and accuracy,click on the hyperlinks in the map legend. Developed by Town of Barnstable Information Systems Department-GIS Unit. Send comments or suggestions to gis@town.barnstable.ma.us http://www.town.bamstable.ma.us/Webmap/assessorsK/dataviewk.asp?mappar=248197 3/30/2004 Parcel Details Pagel of 3 ` Backe Home I Government Departments Data below is based on Fiscal Year 2004 Assessor's database.. Details for flap 248 Parcel 19 Property Location Acreage 59 LILLIAN DRIVE 0:26 Owner of Record WILSON, JUNE F % SKALA, MARK A. 40 FINGER LANE OSTERVILLE, MA 02655 Appraised Value Assessed Value Buildings $ 118,600 $ 118,600 Extra Building Features $0 $0 Outbuildings $0 $0 Land $ 116,900 $ 116,900 Total $ 235,500 $ 235,600 Construction Detail Style Ranch Model Residential Grade Average Stories 1 Story Exterior Wall Wood Shingle Clapboard Roof Structure Gable/Hip Roof Cover Asph/F GIs/Cmp Interior Wall Drywall Interior Floor Hardwood Heat Fuel Gas Heat Type Hot Air AC Type Central Bedrooms 2 Bedrooms Bathrooms 2 Bathrooms Total Rooms 4 Rooms Building Valuation Living Area 1176 Replacement Cost $ 118,558 Year Built 2000 Depreciation 0 Building Value $ 118,600 http://www.town.bamstable.ma.us/Webmap/assessorsK/dataviewk.asp?mappar=248197 3/30/2004 04/02/2004 15:31 5084201536 ALBERT J SICHULZ EP PAGE 01/08 ALBERT J. SCHULZ ATTORNEY AT LAW WILLIAM CIIARLES PLACE 7 PARKER ROAD OSTERYILLE, MASSACHUSETTS 02655-2034 TELEPHONE: (508)428-0950 FACSIMILE: (508) 420-1536 FACSIMILE COVER SHEET DATE: TO: �wk2/ F.AXNO. l 4 '288 7'?d - 623a FROIM: Albert J. Schulz, Esquire FILE NO.: :?!5-6 NO. OF PAGES (including this cover sheet): RE: 9 rP� COMMENTS: / �91 G .er (/yak /7oi6, � Z/8} 419 Ad% ALig ' aok 1351179dV4y_ J;27) . AAW, fk 41- �4,49W- &1AA&_ C NuA,LITY NOTTCE: a information contained in this facsimile message and any attachment is confidential information intended for the individual to whom it is addressed. If you are not the intended recipient,you are hereby notified that the disclosure,dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to as via the U.S.Mail. Thank you, 04/02/2004 15:31 5084201536 ALBERT J SCHULZ EP PAGE 02/08 Edit 17016 P0218 -64047 o QUITCLAIM DEED, 1.JUNE F. WILSON,of 59 Lillian Drive, l4vannis, Massachusetts 02601 for consideration of rJ0 HUNDRED SEVENTY-SEVEN THOUSAND AND 00/400 C ($Z77,000.00)DOLLAKb paid, grant to s� MARK A.SKALA,of 40 Finger Lane,Osterville,Massachusetts 02655 _ with QUITCLAIM COVENANTS, the land together with the buildings thereon situated in Barnstable(Hyannis), Barnstable County, Massachusetts and described as follows: Being.LOT 33 on a plan entitled "Craig-Port" A Residential Subdivision in West Hyannis,Mass. Property of Rolkin Rcalty Trust(Frank L. Elkin, Trustee)dated,September, 1961, E, D. Kellogg, Eng'r,which plant is recorded with the Barnstable Courity Registry of Deeds in Plan Book 165,Page 41_ Subject to the Deed Restriction recorded in Book 12764,Page 23 5 and subject further to the chatters set forth or referred to in Book 12802,Page 95. =' For title,see deed recorded with the Barnstable County Registry of Deeds in Book 13236,Page 65. ^� WITNESS m_y hand and seal this day of May,2003. :t i t F. V6 ILSON COMMONWEALTId OF MASSAC.HUSMS Barnstable,ss. May_ Via, 2003 Then personally appeared the above-named June F. Wilson and acknowledged the foregoing instrument to be her free act and deed, before me NOTARY PUBLIC,A,,) . 1 My commission expires: 4 ` ( 7� +06,1 lit 11J xIQ BARNSTABLE RMSTRY OF DEEDS Q X U m Q 04/02/2004 15:31 5084201536 ALSERT ,J SCHULZ EP PAGE 03108 k1k 13529 Vgli�:7 0687.5 ' �1 -33 —�wl►Sa,t Cd �y ::s� p QtJjTCL&1N1 PEER We, KATHERINE M. FRUCCI of 7 Shaw Street, Sandwich,MA 02537,JOAN M.MILLANF,of 66 Snipsic Lakc Road,Ellington,CT 06029,MAURE,N M. O'DONNFLL of 172 Church Street, West Barnstable,MA 02668,BARBARA M. DOHFRTY of42 Warehouse Road,Hyannis,MA 02601,SHARON M. FRISKY of 56 Cobblestone Road,Barnstable,MA 02630,JOHN C. DOHERTY,JR.,of42 Warehouse Road,13yannis,MA 02601,SHE ILA M, DOHERTY of 42 Warehouse Road,Hyannis, MA 02601 and MARY A.DOHERTY of 3 SilverIedge Road,Newbury,MA 01951 in consideration of Twenty Four Thousand and noll 00($24,000.00) Dollars, paid grant to AL13F.RT J.DELMONTE,JR.and ALLISON J.BELMONTE of 9702 Dalewood Drive, Austin,Texas 78729,Husband and Wife,Tenants by the Entirely, With QUITCLAIM COVENANTS I r Barnstable, l The land in Barnstable(West Hyannis),Town and County of l3 , Commonwealth of Massachusetts,being more particularly shown and described as LOT 35 on a Plan of Land entitled"Craig Port a Residential Subdivision in West Hyannis, Mass,,property of Rolkin Realty Trust, (Frank L,Elkin(Trustee)September 196) Ed Kellogg—Fngr.—Osterville",duly recorded in the Barnstable County Registry of Deeds in Plan Book 165,Page 41. j { PROPERTY ADDRESS, Lot 35,Lillian Drive,Barnstable(Hyannis), ;a Massachusetts. 41. For title reference, see Deed recorded at the Barnstable County Registry of Deeds f in Rook 5483,Page 226. k Executed as a sealed instrument this v day of January, 2001. Cj I� ,C--Y•' in It ELLED cc , -4 o �VJ , 'R lQ 4 04/02/2004 15:31 5084201536 ALBERT J SCHULZ EP PAGE 04108 Nk 1 :S5c:q Vq l ee #GE31 5 *rvitherino M.Frucci M recn�M �� O'Donnell Barbara M.Doherty A M.FrisbyZDoherty,Jr. -r"�- E' 1 Shcila 1V1.Doherty .1 vj I' i� 04/02/2004 15:31 5084201536 ALBERT J SCHULZ EP PAGE 05/08 COiNIMONWEALTH OF MASSACHUSEM Rarnslable,Rs. January &0 2001 Then personally appeared the above-named Katherinc M. Frucci,and acknowledged the foregoing instrument to be her free a ccl,before Nobly Public Commonw6alih cof MaavedivielM Nolfiry Public My cormmllftn rNploo Junnl D1 My Commission Fixpires- COMMONWEALTH OF MASSACHUSETI-S Barnstable., ss. January -,40 2001 G. Then personally appeared the above-named Maureen M. O'Donnell,and acknowledged the foregoing instrument to be her free act and deed,before me A. Notary Public 7alp A., My Commission Expires; COMMONWEALTH OF MASSACHUSErTS Barnstable, ss. January30 2001 Then personally appeared the above-named 13arbam M,Doherty,and acknowledged the,foregohng instrument to.be her free act and deed,before,me Notary Public My Commission Expires; MI I NLV� l,! C.OMMONWEALT14 OF MASSACHUSETT January 3b ,2001 Barnstable,ss. Then personally appeared the above named Sharon M. Frisby,and acknowledged the foregoing instrument to be her free act and deed,Wore me Notary Public My Commission Expires: Ai 04/02/2004 15:31 5084201536 ALBERT J 5CHULZ EP PAGE 06/08 "ba l 6 COMMONWEALTH OF MASSACHUSETTS Barnstable,ss. January ,2001 'lien personally appc®red the above-named Sheila M,Doherty,and err :j: acknowledged the foregoing instrument to be her free iwt and decd,before me otary Public- My Commission Expires: BPENDA C.,ANDE9 01 lJot�rry l'ijt3110 iv?yCOMrnissionUpirosFao . COMMONWEALTH OF MASSACHUSETTS �`,M••„ry Barnstable,ss. January 3- ,2001 Then personally appeared the(above-named John G.Doherty,Jr.,and p' acknowledged the foregoing instrument to be his free art and dced,before e _ I otary Public My Commission Expires: :r I%. 'rQQQ_ 1� { 'f i, R Z 04/02/2004 15:31 5084201536 ALBERT J SCHIULZ EP PAGE 07/08 Nk 135�?q VplzSl *(;,bib Ma A oherty sl COMMONWEALTH OF MASSACHUSETTS 6a Count y: 5'fea x _,ss. January 11 ,2001 Thon personally appeared the.above-named Mary A.Doherty, And acknowledged I the foregoing instrument to be her free act and deed,before me Not y 411si mmision Lxpires; JOSEPH SIMIDT ±% NOTARY PUBLIC �•�. F. t Mycom awonBxxpplrea y Alovambor t3,Y00& s p; � �°; A! �1 1. p" t� j` 4t` f t 1 i; I'V 4y4, i�; 04/02/2004 15::31 50842015:36 ALBERT ,J SCHULZ EP PAGE 08/08 " Pk 135zf5 Pgi32 06615 i an M. Millane STATE OF CONNECTICLJT County: ToIland ,ss. BLlington January17 ,200) Then Personally appeared the above-named Joan M. 141111anc,and acknowledged the foregoing instrument to be her free act and deed,before me otary ' My CommiSS,fon l.'Xpires: �;, do '% J da r.t;CO NOTMy GOMM A&j J P 30 •w , I t. (i fi. i a' i I: r. 111 BhgNSTABIE REGISTRY 0f DEM _~Parcel Details _ P ge 2 of 3 Outbuildings&Extra Features Description Units Appraised Value Assessed Value Fireplace 2 $ 5,000 $ 5,000 Shed 64 $ 500 $ 500 Ownership History Owner Book/Page Sale Date Sale Price GAOUETTE, GIRARD A 1481/314 $0 2004 Tax Information: Tax Rates: (per$1,000 of valuation) Town Tax $ 1,594.33 Town Fire District Rates 6.61 Barnstable 2.01 Hyannis FD Tax $489.64 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $47.83 Hyannis 2.03 West Barnstable 1.36 Due to rounding differences these Total: $2,131.80 values may vary Other Rates Land Bank 3% of Town Tax Building Sketch / 1 s > i. i «..................... Sketch Legend BAS First Floor,Living Area SFB Semi Finished Living Area BMT Basement Area(Unfinished) TQS Three Quarters Story(Finished) CAN Canopy UAT Attic Area(Unfinished) Attic Area(Finished) Half Story(Unfinished) http://www.town.bamstable.ma.us/Webmap/assessorsK/dataviewk.asp?mappar=248198 4/6/2004 Parcel Details Page 1 of 3 4' Back Home I Government Departments Data below is based on Fiscal Year 2004 Assessor's database.. Details for Map 248 Parcel 198 Property Location Acreage 21 ELAINE ROAD 0.24 Owner of Record GAOUETTE, GIRARD A CAROL A GAOUETTE 21 ELAINE RD HYANNIS, MA 02601 Appraised Value Assessed Value Buildings $ 107,000 $ 107,000 Extra Building Features $5,000 $ 5,000 Outbuildings $500 $500 Land $ 128,700 $ 128,700 Total $241,200 $241,200 Construction Detail Style Ranch Model Residential Grade Average Stories 1 Story Exterior Wall Wood Shingle Roof Structure Gable/Hip Roof Cover Asph/F GIs/Cmp Interior Wall Drywall Interior Floor Hardwood Heat Fuel Gas Heat Type Hot Water AC Type None Bedrooms 3 Bedrooms Bathrooms 1 1/2 Bathrms Total Rooms 6 Rooms Building Valuation Living Area 1580 Replacement Cost $ 127,400 Year Built 1970 Depreciation 16 Building Value $ 107,000 http://www.town.bamstable.ma.us/Webmap/assessorsK/dataviewk.asp?mappar=248198 4/6/2004 f ' ^Parcel Details Page 3 of 3 FAT UHS FCP Carport UST Utility Area(Unfinished) FEP Enclosed Porch UTQ Three Quarters Story(Unfinished) FHS Half Story(Finished) UUA Unfinished Utility Attic FOP Open or Screened in Porch UUS Full Upper 2nd Story(Unfinished) FST Utility Area(Finished Interior) WOK Wood Deck FTS Third Story Living Area(Finished) FUS Second Story Living Area(Finished) GAR Garage GRN Greenhouse PTO Patio By using this site,you are agreeing to the following terms and conditions. DATA SOURCES: Assessing information is based on FY2003 data. NOTE:The parcel lines on the map are only graphic representations of property boundaries. They are not true locations,and do not represent actual relationships to physical objects on the map. For more detailed information on map data sources and accuracy,click on the hyperlinks in the map legend. Developed by Town of Barnstable Information Systems Department-GIS Unit. Send comments or suggestions to gis(aDtown.barnstable.ma.us http://www.town.bamstable.ma.us/Webmap/assessorsK/dataviewk.asp?mappaY=248198 4/6/2004 04/06/2004 16:16 5084201536 ALBERT J SCHULZ EP PAGE 02/02 IN -- eoox3�0� c� 314 14236 I, FLOYD J. STLVIA, of 32 Elaine Roads Hyannis, Barnstable County, Maseachusetta,being unmarried, for consideration of Twenty- 'Bight thousand I gh and Mpl100 Dollars ($2g,0'00.00) paid, I + grant to GIRARD A, GACUETTE and CAROL A, GAOUETTE,.husband and wife f f as Tenants by the Entirety, of 32 Elaine Road, Hyannis, Barnstable County, Massachusetts, with gVITCLAIM COVENANTS, a certain paroel of land containing l0,soo square feet, situated on the northwester, l side of Elaine Road, in that part of Barnstable called West Hyannis port, Barnstable County, Massacltusetts, being LOT 32 as shown on a ! Iplan entitled, "Craig port' A Residential Subdivision in West Hyannis, Mass. Property of Rolkin Realty Trust. (Frank L. Elkin ruatee)", dated September, 1361, E.D. Kellogg, Eng'r. , which plan ! a recorded in Barnstable County Registry of Deeds in plan Book 165 age 41, and bounded and described, according to said plans, as fol- � owP7- 1 SOUTHEASTERLY - by said Elaine Road. 106.CO feet; NORTHEASTERLY - by Lot 30, 100.00 feet; NORTHWESTERLY - in part by Lot 31-8nd in part by Let 33, 105.a m , feet; and fUJff� SOUTHWESTERLY - by Lot 34, 100.00 feet, There is conveyed herewith as appurtenant to said Lot 32 a ` 0 fight of wAy over Elaine Road and Carlotta Avenue, as shown on, c aid plan, between said lot and Old Craigville Road, said right of .I0+ ay to be used for all purposes for Which public ways are now or IRA 4 ersafter be commonly used in said Barnstable, said right of.way to e used in common with others legally entitled thereto. For my title, reference may be had to a dead dated July 23, W� $69 to me from L. Robert Folds and Frank L. Elkin, Trustees of 3 lolkin Realty Trust duly recorded in the Barnstable County Registry f Deeds in Book 1444, Page 319. s 9 WITNESS my hand and seal this lio d day of August, 147o. cya J.0-5rivea ssartsNsli COMMONWEALTH Or RA95ACHUSEpo ,��, y+"~•�� RNSTABLE, SS: � _ �' yr01�6��H1970 Then personally appeared the above-named I , 0 ,Y,4lZ �end i 1. . cknowledged the foregoing in at nt to be his; .sd�'•d end afore me , , �• A , WiL92AG'MOON �.No:�ae'nnoon ATT6701 64.T u. ar u 1C 1 xJ%hn,/.■.�.. �ort�nxsa on ex U9 AtO 1 197C NA UR41kil E , Parcel Details Page 2 of 3 ;3 � � r-Al Outbuildings& Extra Features Description Units Appraised Value Assessed Value Fireplace 1 $2,500 $2,500 Bsmt Liv-Aver 576 $ 11,800' $ 11,800 Shed 100 $800 $800 Ownership History Owner Book/Page Sale Date Sale Price COLE, KIMYON R&TERESA M 2106/256 7/12/1974 $0 �COLE, KIMYON R&TERESA M TRS 15760/061 10/18/2002 $ 10 1 2004 Tax Information: Tax Rates: (per$1,000 of valuation) Town Tax $ 1,604.25 Town Fire District Rates 6.61 Barnstable 2.01 Hyannis FD Tax $492.68 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $48.13 Hyannis 2.03 West Barnstable 1.36 Due to rounding differences these Total: $2,145.06 values may vary Other Rates Land Bank 3% of Town Tax Building Sketch vN i Sketch Legend BAS First Floor,Living Area SFB Semi Finished Living Area i http://www.town.bamstable.ma.us/Webmap/assessorsK/dataviewk.asp?mappar=248097 3/30/2004 r - Tarcel Details Pagel of 3 Back I Home I Government Departments Data below is based on Fiscal Year 2004 Assessor's database.. Details for Trap 248 Parcel 097 Property Location Acreage 3 ELAINE ROAD 0.27 Owner of Record COLE, KIMYON R&TERESA M TRS COLE FAMILY TRUST 3 ELAINE RD HYANNIS, MA 02601 Appraised Value Assessed Value Buildings $97,000 $97,000 Extra Building Features $ 14,300 $ 14,300 Outbuildings $800 $800 Land $ 130,600 $ 130,600 Total $ 242,700 $242,70 Construction Detail Style Split-Level Model Residential Grade Average Stories 1 Story Exterior Wall Vinyl Siding Roof Structure Gable/Hip Roof Cover Asph/F GIs/Cmp Interior Wall Drywall Interior Floor Hardwood Heat Fuel Gas Heat Type Hot Water AC Type None Bedrooms 3 Bedrooms Bathrooms 2 Bathrooms Total Rooms 8 Rooms Building Valuation Living Area 1370 Replacement Cost $ 118,234 Year Built 1964 Depreciation 18 Building Value $97,000 http://www.town.bamstable.ma.us/Webmap/assessorsK/dataviewk.asp?mappar=248097 3/30/2004 f �Tarcel Details Page 3 of 3 BMT Basement Area(Unfinished) TQS Three Quarters Story(Finished) CAN Canopy UAT Attic Area(Unfinished) FAT Attic Area(Finished) UHS Half Story(Unfinished) FCP Carport UST Utility Area(Unfinished) FEP Enclosed Porch UTQ Three Quarters Story(Unfinished) FHS Half Story(Finished) UUA Unfinished Utility Attic FOP Open or Screened in Porch J UUS Full Upper 2nd Story(Unfinished) FST Utility Area(Finished Interior) WDK Wood Deck FTS Third Story Living Area(Finished) FUS Second Story Living Area(Finished) GAR Garage GRN Greenhouse PTO Patio By using this site,you are agreeing to the following terms and conditions. DATA SOURCES: Assessing information is based on FY2003 data. NOTE:The parcel lines on the map are only graphic representations of property boundaries. They are not true locations,and do not represent actual relationships to physical objects on the map. For more detailed information on map data sources and accuracy,click on the hyperlinks in the map legend. Developed by Town of Barnstable Information Systems Department-GIs Unit. Send comments or suggestions to gis@town.barnstable.ma.us i http://www.town.bamstable.ma.us/Webmap/assessorsK/dataviewk.asp?mappar=248097 3/30/2004 _01i24/2004 13:25 5084201536 ALBERT J SCHULZ EP PAGE 09/16 Property Location:3 Elaine Road,Hyannis,Massachusetts Title not examined QUITCLAIM DEED WE, Kimyon R. Cole and Teresa M. Cole of 3 Elaine Road, Hyannis, Barnstable County, Massachusetts,02601 i in consideration,of less than ten dollars($10.00) grant to Kimyon R. Cole and Teresa M. Cole,Co-Trustees of The Cole Family Trust u/d/t dated September 5, 2002, recorded herewith, with a mailing: address of 3 Elaine Road, Hyannis, Barnstable County,Massachusetts,02601, with QUITCLAIM COVENANTS, the land. in Barnstable (Hyannis), Barnstable County, Massachusetts,together with any buildings thereon,bounded and described as follows: SOUTHERLY by Elaine Road and Carlotta Avenue, as shown on a plan hereinafter mentioned,one hundred thirty-six and 751100 (136.75)feet; WESTERLY by Lot 37,as shown on.said plan,one�I undred and 001100(100.00),feet; NORTHERLY by Lots 38 and 35, as shown on said plan, ninety-three and 38/100 (93,38) feet;and EASTERLY by Lot 34,as shown on said plan,ninety-eight and 161100(98.16)feet. Being LQ1 36'oorttaining 11,705 square feet, more or less, as shown an a plan entitled: "Craig Port a Residential Subdivision in West Hyannis, Mass. property of Rolkin Realty Trust, September 1961, Ed. Kellogg, Eng`r.", wbich said plan+is duly fled in the Barnstable County Registry of Deeds in Plan Book 165,Page 41, Kimyon R. Colo and Teresa M. Cole reserve unto themselves a life estate in the above referenced property. Kimyon R. Cole and Teresa M, Cole, having an ownership interest in the above described property and being 62 years of age or older, and being entitled to an estate of homestead of elderly persons, do hereby declare that we occupy said premises as a principal residence and claimhomesteadprotectionunder. G.L.c. 188 §1A, Subject to any and all existing restrictions and encumbrances still in force and effect. For Grantors' title see Deed to Kirrtyon R. Cole and Teresa M. Cole dated duty 12, 1974 and recorded with said Rcgistry of Deeds at Book 2106,Page 256. Prepared by the Law Offioa of Patri0i,J.Md1o,P.C. 766 Falmouth Road,Maahycc,MA,02649 509-477-0267 t "rpcpLEH -.-43!241'2004 13:25 5084201536 ALBERT J SCHULZ EP PAGE 10/16 Elk 15760 PS062 gip] 479 WITNESS our hand and seal this I�� day of 2002. i Kimyoe - Teresa M. Cole COMMONWEALTH OF lel ASSACJHIUSETTS Barnstable, ss. 2002 Then personally appeared the above-nan:6d Kimyon R. Cale and Teresa M. Cole and acknowledged the foregoing instrumlmt to be their free act and deed, before me, i gNoPublic; riiSs� iot t exptres: i i Prepared by the Law OMce of Patricia d,Mello,P.C, 165 Falmouth Ro4j.Ma*mc,MA 02649 508477-0267 TPCRLFH BMYADLEREG{STOOF DEEDS t :03/24/2004 13:25 5084201536 ALBERT j SCHULZ EP PAGE 11/16 wea210E► r�:� 236 We, A. BYRON COFFIN, JR. and ISABEL A. COFFIN, husband and wife, as tenants by the entirety, both of 235 Andros, Merritt Island, Florida MUMF i „ Wafgam e,forte.!09'0"&Mttan of $21,000.00 Paid qo KDWON R. COLE and 1ERESA M. SOLE, busband'ard wife, as tenants by the entirety, both 36 Elaine Road, Barnstable (Hyannis), AarnstabLe County. Massachusetts, :l.kn rYtd qq��nsPetplsle tea land i» Barnstable (xyazanis), maxnstabla Ccunex r tAaasachnsetts, together with any bullaLngs thereon, bounded and des- r;,;a cribed as follows: SOUTHERLY by Blaine Read and Cexlotta diva nee, ae shown on a plan hereinafter mentioned, one hundred thirty-six and 75/100 (134.75) feet: WESTERLY by Lot 37, as shown an said plan, one hundred and 00/100 1100.00) featt NORTSBALY by Lots 39 and 35, as shown on sa-ald plan, niaetyTthree and 39/100 (93.39) feet; and EASTERLY by Lot :e4, as shown on said plan, ninety-eight and 16/100 (90.16) feet. Being LOT 36 containing 11,705 square feet, more or lass, as shown on a plan entitled: "Craig Fart a Residential Subdivision in West Hyannis, 14ass. property of Rolkin !Realty Truat, September 1961, . Ed. Xellogs 8ng'r.", which said plan is draly filed in the Baunetabia County Registry of Deeds in Plan Book 165 Page. 41. The above described premise$ are conveyed subject to and with the benefit of a right of way for all Purposes far which atseets sac ways may Customarily be mead in the Towr of Vest 1jannis, in, ever and upon the named streets Or ways as ahowr an said plan heroin referred to in cc=ot: with others entitled to the use thereto.. The above described ,premises ere CCtveyed subject to a ftad Taking by the Town of iarnstable Of Elaine Road and a pportion of Carlotta Avenue dated Aygil 2, 1465 and recardea in sstid Registry in sock 1293 Page 1147; an easemant to Cape 6 'vineyard Eleotttic COMPany and New England Telephaps and Tategraph Company dated octolber 23, 1942 and recorded in said Registry in Book L178 Page 36 and to the restricts WA Contained in an inetrMent dated December 20, 1962 and recorded in said Registry in Book 1188 Page 522. Being the Same premises conveyed to us by dead from Syannis Real Rotate Sxehan4a, Inc. dated October 21. 1963 and VOCOW604 in said Registry in Book 1223 Page 117, 74 E4 ®setled/ f X A 1*74 a4,e.tx e.asd A. Byron CC . :• •,I �pr6�p/as fnatrusxHt E9 QYP 1 tie¢UT ,/^ h' �•. . .] ' •Ik• {. •L','' My comb ..OfloekAbF404lz I - ;,031'24/2004 13:25 5084201536 ALBEPT J SCHULZ EP PAGE 12/16 i $tare of "Mcia 257 I,Curtis 1R Bones,c-erk a!the Cott a � seat' i8eCo rafT�Ta� ° storeesi sid ego ty ha ing by t�o�k of the irrtdt co�y�catm y.the ackhoWjedge eftt•proof or.tfidseVdt,e+nY a! 1 ??otery the 6nmg of mktng a acknowJibOa 0 nh ad ;�i a to Pike'a'�vttictr of aetd state.duty.athmiacddub�mimp • p �r fWIavIR, s Bona cc$, the osY snd sc&newlstipmeeat by of de& eo ) Old emtn.a moraed to W+id statr,q that taith and eredl evt aeetiPy'teat[am wetp met at rvttpl hfs handwrtt see a►id ovptht td ;e5fis4i��• to oertt[7Htte b his ieaaihe a4matuss,The!m �8. ena verily � gti►Khe�r or p oc,At ii1 Wpm a ulred by law h be rlfsd fits thi,Of he aeAi ai y " tP tarh®d et . ... w 'r have hareuttto et;t hty h AAd and mAfixed '' ,, s AugMost JR3Y,., ..... 10 ......7A tustas.sr ......... ... i y. j i . i r 1 03/24/2004 13:25 5084201536 ALBERT J SUNULZ EP PAGE 3/16 to.21016 a"i 258 i STATE OF FLORIDA COUNTY OF BkEYARD i Before rn.. personally appeared ISA,BEL A.i COFFIN, to me well known and kltcwn to roe to be the person described in and who executed the foregoing (attached) instrument, and acknowledged to and before that she exccuted said instrument tot the purposes therein 6 y expressed. 1 WITNESS say hand 44ola1 aea1, this 3rd day of July, 1994, 114 low. r►C:f.?�: ry Public 4A 11 of Florida at Large is '�'�•�?:.:'.",d•�. r�P2' � y�.; w•.`�,!, '',' ` ' { �-.• ea t� lLi:;'r�',;•_ �. N t DTI aim Fxpires: r ,f' f '•�M1 K Y �� A'.. S `;;:6. A1:., f It URIOA Al VWa `�• n� . This ssknowltdgment is to the'ottly_attgehed to a deed wherein A. Byron Coffin. Jr. and Isabel A:.Coffin are deriding real estate to Kimyen R. Cole and Teresa M.''C41e his *ifs.. as tenant, by the entirety. I I �Srenda M. Cooper - 4 �;. 03I2412004 13:25 5084201536 ALBERT J SCHULZ EP PAGE 14/16 State of 1l7luridt ) t . County of Breoard }021M err 259 0655 1,Curtly 1t.BBrne%Clerk of the County of Br ��(�,g?,*?tJerk of,the CircWt r:ourt far aai4 County.the { aama being a Coast Of record of the afereaafal i.�4$lY Isw,a tea?y do hesCby certify that ... plre ula ty. Czsnper � '"yyti,,.¢�p 5dP t pp bscrlbW to the attached ca 9fl ata at acknowledgement,proof or®ffldavit,vY.a�y' 4ie t»ie swledaemeai, proof or affidavit, a I.X91oxy.Publ it:,, . �! nd sworn and residing in said eounty and was ar taoh.an officer of"mid statc4 is eroof,to take and Certify the cum,as well as to take and certifythe proof ge cif d And ether tootCunnonle lm crrftin to be morded in said state,and that ull Utl t d eIq A!; en to his official sets,and f�t rther F Certify that f am well scquafntad with an d•' i l.bellCvt that the tignalure to the atuxhad cortlficatc is him genuine ofgnoure.The fsn' tbati t•L aafd per ho took said Ncktee^Briedlemeat or proof In z4vt required by tea to be flied IN WITzass WHLRWF,l have heretaAtweet y th day of .....JulY...... ... it d't. _ I Barnstable Assessing Search Results �' Page 1 of 2 0 , 3 f 1 7 Home: Departments:Assessors Division: Property Assessment Search Results 9 LAINE ROAD Owner: Property Sketch Legend COLE, KIMYON R TR Map/Parcel/Parcel Extension NO Sketch is available for this pal 248 /199/ Mailing Address COLE, KIMYON R TR COLE NOMINEE TRUST 3 ELAINE RD HYANNIS, MA.02601 2004 Assessed Values: Appraised Value Assessed Value Building Value: $0 $0 Extra Features: $0 $0 Outbuildings: $0 $0 Land Value: $ 12,900 $ 12,900 Interactive Property Ma ap requires Plug in: Totals:$ 12,900 $ 12,900 I have visited the maps Fir: beforek Show Me The Man .... '' S April 2001 photos available Sales History: Owner: Sale Date Book/Page: Sale Price: _DOHERTY,JOHN G TR& 12/15/1986/ 5483/227 $ 1 CAPE,COD BLDG SUP 1434/650 $0 COLE, KIMYON R TR 1/31/2001 13529/123 $24,000 2004 Tax Information: Tax Rates: (per$1,000'of valuation) Town Tax $85.27 Town Fire District Rates Other Rates 6.61 Barnstable 2.01 Land Bank 3%of Town Tax Hyannis FD Tax $26.19 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $2.56 Hyannis 2.03 West Barnstable 1.36 Total: $ 114.02 Due to rounding differences these values may vary http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeS ervices/Finance/Assessing/A... 4/6/2004 Barnstable Assessing Search Results Page 2 of 2 Land and Building Information Land Building Lot Size(Acres) 0.24 Year Built 0 Appraised Value $ 12,900 Living Area 0 Assessed Value $ 12,900 Replacement Cost$0 Depreciation 0 Building Value 0 Construction Details Style Vacant Land Interior Floors Model Vacant Interior Walls Grade Heat Fuel Stories Heat Type Exterior Walls AC Type Roof Structure Bedrooms Roof Cover Bathrooms Total Rooms Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area (Finished) UST Utility Area(Unfinished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http:Hwww.town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing/A... 4/6/2004 i R. .1.-004"11 22AM— BATTY .JOHN KENNEY 0.593--f'.2 A,tJ QUITCLAIM DEED [ , John G.Doherty,Jr.,TrusteeoPTHP,DOHERTY REALTY TRUST,under Declaration of Trust dated December 30, 1981,and recorded at the Barnstable County Registry of Deeds in Book 4161Page I S4,of 42 Warehouse Road,Hyannis,Barnstable County, Commonwealth of Massachusetts,in consideration of Tw►enty,Four Thousand and no/100 ($24,000.00)Dollars,paid,hereby grant and convey to XIMYON R.COLE_,Trustee of the Cole N4t>jh=.�t under Declaration of Trust dated January 31,2001 and recorded '" erawith,of 3 Maine Road,Hyannis,MA, with QUITCLAIM COVENANTS. the land in Barnstable(West Hyannis),Town and County of I3arnstab)e, Commonwealth of Massachusetts,being more particularly shown and described 4s .4 bn a Flan of Land entitled"Craig Port a Residential Subdivision in West Hyannis;- Mass.Property of Rolkin Really Trust,(Frank L.Elkin(Trustee)September 1961 Ed Kellogg--Engr.—Csterville", duly recorded in the Barnstable County Registry of Deeds in Plan Book 165,Page 41. PROPERTY ADDRESS; 9 Elaine Road,Barnstable(Hyannis),BRrmstablc County, MaasflchsYsetts. For title reference,see Dced recorded at the Barnstable County Registry of Deeds in Rook$483,Page 227. IRE �strtx ,u r wa � � �-• a� � 3 , ---MAR. 1.2004- -11:23AM ATTY JOHN KENNE`•( NO.593 P.3 13,k 135ey Pp 1 L14 06913 Executed as a sealed instrument this -W day of January,2001. John G. Doherty,Jr.,Trustee of ' THE DOHERTY REALTY UST CommONWEALTH OF MASSACHUSETTS Barnstable,ss. January J O ,2001 Then personally appeared the above-named John G.Doherty,Jr.,Trustee of THE DOIJERTY REALTY TRUST,and acknowledged the foregoing instrument to be his free act and deed,before me o Notary Public rj My Commission Expires: ` °"•' `"` ` ' 4NIMA 0.AN rnsou,P1otary public MY Conlmisslon EAp:ros Fab.16,2DD2 � '�`�+ 00, ., 1!. . L H a L f MAR. 1.2004 11"-23AM'—'—TATTY JOHN KENNEY NO.593---'.4 bk 1;4529 Pgjje5 OL,013 CERTIFICATE OF TRUSTER(S) I, John G.Doherty,Jr.,Trustee of THE DOHERTY REALTY TRUST,under Declaration} of Trust dated December 30, 1981,and recorded/filed wilt the Bamstable County Registry of Deeds,hereby certify that JOHN G.DOHERTY,JR,is the Trustee of said Trust;that said Trust has not been altered,amended,revoked or terminated;that the Beneficiaries of said Trust are of legal age and are not under legal incapacity;and that pursuant to said Trust the Trustees have bcen authorized and directed by all of the beneficiaries thereof to convey the trust property located at Q Elaine Road,Barnstable(Hyannis),Barnstable County,Massachusetts to KIMYON a. R. COLE I ERES A L£of TElaine Road,Hyannis,MA 02601,and to sign an deliver any and all documents necessary to effectuate said transaction, Executed under seal this day of January,2001. gJahn .Nherty,Jr.0 Tr step COMMONWEALTH OF MASSACH USETTS Barnstable,ss. January^, ,2001 Then personally appeared the above named John G.Doherty,Jr.,Trastoc and acknowledged the foregoing instrument to be his free act and deed before me, Notary Public ,•,',. , +, ,.,`' My Commission Expires: p _ • ;:'� (r• °'a= ; t't:t NDA 0.ANDERSON,Notary Pub"C 15 '''�?���;�+(u e.'' b:1,Corr,p 4sion Lxpirw Feb.15,2002 " '�y"`; '•'.,; �'���':. BARNSTABLE REGISTRY OF DEEDS 4_ Y O 1—OS-2000 e 1 O :09 DEED RESTRICTION WHEREAS, John G. Doherty, Jr. and Kathleen A. Doherty, of 211 Pleasant Street, ' South Yarmouth(Bass River), Massachusetts, Trustees of The Doherty Realty Trust, under a.Declaration of Trust recorded in the Barnstable County Registry of Deeds in Book 4167, Page 154, are the owners of Lot 34 on a plan of land entitled "Craig Port, a residential subdivision in West Hyannis, MA, Property of Rolkin Realty Trust (Frank L. Elkin, Trustee, dated September 1961, Ed Kellog, Engineer, Osterville,"which plan is duly recorded in the Barnstable County Registry of Deeds in Plan Book 165, Page 41, rwhich lots were conveyed to us by Deed from Cape Cod Building Supplies, Inc., dated December 29, 1986 and recorded in the Barnstable County Registry of Deeds in Book t 5483, Page 227; and WHEREAS, We, as the owners of said lot have agreed with the Town of Barnstable Board of Health to a restriction as the number of bedrooms which can be included in any home built on said lot as a pre-condition to obtaining a variance from the 310 CMR 15.214 State Environmental Code, Title V, Minimum Requirements for the Subsurface ' Disposal of Sanitary Sewage and to obtaining a building permit for this lot; WHEREAS, the Town of Barnstable Board of Health, as a pre-condition to granting the F variance from 310 CMR 15.214, State Environmental Code, Title V, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, and authorizing the issuance of a building permit for the construction of a single family home on this lot is requiring that the agreement for the restriction on the number of bedrooms in any house constructed on the lot be put on record with the Barnstable County Registry of Deeds by recording this document; S" } NOW, THEREFORE, We do hereby place the following restriction on the above referenced parcel in accordance with the agreement with the Town of Barnstable Board of Health, which-restriction shall run with the land and be binding upon all successors in title: 1. We may have constructed upon the lot a house containing no more than two (2) bedrooms. ,q We agree that this shall be permanent deed restriction affecting Lot 34 on Lillian Drive, West Hyannis, MA, as shown in a plan recorded in Plan Book 165, Page 41. s 1 For our title to Lot 34,see deed recorded in the Barnstable County g. ry Re ist of Deeds in Book 5483, Page 227. T' r-. f 6K 12764 PG2'7S 053S_ Executed as a sealed instrument this day of January, 2000. T' AhnDoherty, Jr. Kathleen A. Doherty COMMONWEALTH OF MASSACHUSETTS ` Barnstable, ss. January 4 2000 Then personally appeared the above named Jo n G. ohe y, t. and acknowledged the foregoing instrument to be his fre act a de d, efore me, ; otary ubli Michael J. Princi �� T My Co Ion expires: 9/6/04 - COMMONWEALTH OF MASSACHUSETTS i; Barnstable, ss. January 4 2000 John G. Doherty, Jr., under Power Of Then personally appeared the above named`Ka hlee D erty and attorney for :- acknowledged the foregoing instrument to be her fre act de efore me, r Klotary Qubi' Mi chacl J. Pri nci My Cori} SW expires: 9/8/04 BARNSTABLE REGISTRY OF DEEDS 03!24i2004 13.25 5084201536 ALBERT J SCHULZ EP PAGE 05/16 S John G. Doherty,Jr.,Trustee of THE DOHERTY REALTY TRUST,under Declaration of Trust dated December 30, 1981,and recorded at the Barnstablo(.aunty Registry of DccWs in Book 416IPage 154,of 42 Warehouse Road,Hyannis,Barnstable County, Commonwealth of Massachusetts,in consideration of Twcmty Four 7bousarnd and rro/100 ($24,000.00)Dollars,paid,hereby grant and convey to K1MYON R, C:OLL,Ttvstee of the Cole Nominee Trust under Declaration of Trust dated January 31,2001 and recorded hotewith,of 3 Elaine Road,Hyannis,MA, with QUITCLAIM COVENANTS, the land in Barnstable(West Hyannis),Town and County of Barnstable, Commonwealth of Massachusetts,being more particularly alaowwn and described as L 34 on a flan of Land entitled"Craig Port a Residential Subdivision in West Hyannis, Mass,Property of Rolkin Realty Trust.(Prank L.Elkin(Trustee)September 1961 lFd Kellogg—Engr.—Osterville", duly recorded in the!Barnstable County Registry of Deeds in flan Book 165,rage 41. PROPERTY ADDRESS: 9 Elaine Road,Barastabic([iyamtnls),Rarrtetablc County, Massnehusetts. For title refercuce,see Deed recorded at the:Barnstable County Registry of DWs in Book 5483,Page 227. y1�7 x . °A 05 I k« ;► = 03/24I2004 13:25 5084201536 ALBERT J 6CHULZ EP PAGE 06116 5k 135V9 F g l e4 06813 Executed as a sealed instrument this jo day of January,2001. ". John 0.'Doherty,Jr.,Trustei of THE AO�IRRTY REALTY JR, ST COMMONWEALT14 OF MASSA►CHUSETT'S unua 0 ,-2001 Barnstable,ss. rY Then personally appeared the above-named John G.Doherty,Jr.,Trustee of THE DOIJERTY REALTY TRUST,and acknowledged the foregoing instrument to be his free act and dew,Wore me r Notary Public My Cornmission Expires: tNIFNDA 0,ANW4►011,Notaty Pubic , � , ?,s u a':•, fly conomission E XPIrees Fab.15,200 i� n • i y } j; 4 Parcel'Details Page 2 of 3 r Outbuildings& Extra Features Description Units Appraised Value Assessed Value Ownership History Owner Book/ Page Sale Date Sale Price BELMONTE,ALBERT J JR&ALLISON J 13529/ 127 1/31/2= $24,000 FRUCCI, KATHERINE M ET ALS 5483/226 $ V CAPE, COD BLDG SUP 1434/650 $0 2004 Tax Information: Tax Rates: (per$1,000 of valuation) Town Tax $86.59 Town Fire District Rates 6.61 Barnstable 2.01 Hyannis FD Tax $26.59 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $2.60 Hyannis 2.03 West Barnstable 1.36 Due to rounding differences these Total: $ 115.78 values may vary Other Rates Land Bank 3% of Town Tax Building Sketch No sketch is available for this parcel. Sketch Legend BAS First Floor,Living Area SFB Semi Finished Living Area BMT Basement Area(Unfinished) TQS Three Quarters Story(Finished) CAN Canopy UAT Attic Area(Unfinished) FAT Attic Area(Finished) UHS Half Story(Unfinished) FCP Carport UST Utility Area(Unfinished) FEP Enclosed Porch UTO Three Quarters Story(Unfinished) FHS Half Story(Finished) UUA Unfinished Utility Attic FOP Open or Screened in Porch IJIUS Full Upper 2nd Story(Unfinished) FST Utility Area(Finished Interior) WDK Wood Deck FTS Third Story Living Area(Finished) FUS !Second Story Living Area(Finished) GAR Garage GRN Greenhouse PTO Patio By using this site,you are agreeing to the following terms and conditions. DATA SOURCES: Assessing information is based on FY2003 data. NOTE:The parcel lines on the map are only graphic representations of property boundaries. They are not true locations,and do not represent actual relationships to physical objects on the map. For more detailed information on map data sources and accuracy,click on the hyperlinks in the map legend. http://www.town.bamstable.ma.us/Webmap/assessorsK/dataviewk.asp?mappar--248200 3/30/2004 Parcel Details Page 1 of 3 Back Home Government Departments Data below is based on Fiscal Year 2004 Assessor's database.. Details for Map 248 Parcel 200 Property Location Acreage 49 LILLIAN DRIVE 0.27 Owner of Record BELMONTE,ALBERT J JR&ALLISON J 9702 DALEWOOD DR AUSTIN, TX 78729 Appraised Value Assessed Value Buildings $0 $0 Extra Building Features $0 $0 Outbuildings $0 $0 Land $ 13,100 $ 13,100 Total $ 13,100 $ 13,100 Construction Detail Style Vacant Land Model Vacant Grade Stories Exterior Wall Roof Structure Roof Cover Interior Wall Interior Floor Heat Fuel Heat Type AC Type Bedrooms Bathrooms Total Rooms Building Valuation Living Area 0 Replacement Cost $0 Year Built 0 Depreciation 0 Building Value $0 http://www.town.bamstable.ma.us/Webmap/assessorsK/dataviewk.asp?mappar=248200 3/30/2004 Parcel Details Page 3 of 3 Developed by Town of Barnstable Information Systems Department-GIS Unit. Send comments or suggestions to gisCa2town.barnstable.ma.us hq://www.town.bamstable.ma.usiWebmap/assessorsK/dataviewk.asp?mappar=248200 3/30/2004 04l05/2004 16�:27 5034201536 ALBERT J SCHULZ EP PAGE 02/07 P O 1 L% 3t 16631 5 Ell L ,�.� �vrTCLAIM nrl:n We, KATHERINE M.FRUCCI of 7 Shaw Street,Sandwich,MA 02537,JOAN M.MILLANE of 66 Snipsic Lake Road,Ellington, CT 06029,MAUREEN M. O'DONNELL of 172 Church Street, West I3arnstable,MA 02668, BARBARA M. DOH%RTY of 42 Warehouse Road,Hyannis,MA 02601, SHARON M.FRIS13Y of 56 Cobblestone Road,Barnstable,MA 02630,JOHN G. DOHERTY,JR.,of 42 Warehouse Road:,Hyannis,MA 0260),SHEILA M.DOH13RTY of 42 Warehouse Road,Hyannis, ' ,MA 02601 and MARY A. DOHERTY of 3 Silverlcdge Road,Newbury, MA 01951 in l consideration of Twenty Four Thousand and no/100($24,000.00)Dollars,paid grant to ALBERT J.BELMONTE,JR.and AILLISON J.BELMONTE of 9702 Dalewood Drive, Austin,Texas 78729,Husband and Wife,Tenants by the Entirety, With QUITCLAIM COVENANTS The land in Barnstable West Hyannis),Town and County h( y ), C u ty of Barnstable, Commonwealth of Massachusetts,being more particularly shown and described as LOT 1 35 bat a Plan of(Land entitled"Craig Port a Residential Subdivision in West Hyannis, Mass.property of Rolkin Realty Trust. (Frank L.Elkin(Trustee)September 1.96) Ed Kellogg—Rngr.—Osterville",duty recorded in the Barnstable County Registry,of Deeds in Plan Book 165,Page 41. i PROPERTY PERTY ADDRESS: Lot 35,Lillian Drive,Barnstable(Hyannis), magSachusdis. if• For title reference,-see Dead recorded at the Barnstable County Registry of Deeds in Book 5483,Page 226. 4 Executed as a sealed instrument this day of January, 2001. {!{I 1�1 1/�y.yM�j 11 � C•.. l'� .C��� � w 7C W Wi yy f!s �h C 1D 0 S c t Y II I 04/06/2004 15:27 5084201535 FILBERT J SCHULZ EP PAGE 03/07 bk 1 35e*:► pp 1 2b Oba l b r�&atheri�ncM. Frucci T M rcen M.�Zn Barbara M. Doherty 4FW d", �Vharol M.Frisby John G. Doherty,dr. Sheila M.Doherty 0 y. #. 04/06/2004 . 16:27 5084201536 ALBERT J SCHULZ EP PAGE 04107 LIk . i 35;c.'9 p'g l %j o u'815 COMMONWEALTH OF MASSACHUSErrS 13amstable, January '90 , 2001 Then personally appeared the above-named Katherine M. Prucci,and acknowledged the foregoing instrument to be hot free ore a a d,bef '� • ' , PAIN IAJ PA1 C Nw,nry Public v>v j CommonwaAtth of Masoaoriva®ttN - •:1 ":x ,.'r,„'Q 11 MyComrrdoobnrKplres Notary Public n h 93 CQmt11iS52o My' n Expires; COMMONWEALTH OF MASSACHUSPITS Barnstable,ss• Januat'y 'r ,2001 Then personally appeared the above-named Maureen M.O'Donnell, and acknowledged the foregoing instrument to be her free act and deed before me Notary Public _7e�.&A., My Commission Expires: //=Y, „ t COMMONWEALTH OF MASSACHUSETTS Barnstable,ss• January ��(� , 20�1 i i=i1\"•, . 't ' Then personally ?� • ii p y appeared[he above-Warned Barbara M. Doherty,and ,. 'r\<.,� ,. . •.' acknowledged the foregoing instrument to be her free act and deed, me before r •,.• t>; ` Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSCT19 " :. Barnstable,ss. January 3b ,2001 4.. r Then personally appeared the above-named Sharon M. Frisby,and acknowledged the foregoing instrument to be her free act and deed,before me Notary public r .,. ,�,. . .� is, • . My Commission Expires: 4 9; f, I 04/06/2004 16:27 5084201536 ALBERT J SCHULZ EP PAGE 05107 t Bk 1,35 V� :ESN #GBt S COMMONWEALTH OF MASSACHUSI:TTS $arnsVible,ss. January_3D ,2001 Then personally appeared the above-named Sheila M. Doherty,and acknowledged the foregoing instrument to be,her free act and deed,before me otary Public s 1,: r' ,/�•"! ` My Commission Expires; BRt tuoA C..,ANDt ^ : •. ..ri0rf I �� ;7°�,(,01�q'y�.11,It1110 .. . .� 1 • •y in3s5ior,LXpires�ob•t5,40P. COMMONWEALTH OFMASSACHUSFTTS Barnstable,ss. January 3•0 ,2001 Then personally appeared the above-named John Q, Doherty,Jr,,and acknowledged the foregoing instrument to be his free t and deed,before e N—Notary Public My Commission Expires: at ,A. l I i 1{ .l. U,, 04/06/2004 16:27 5084201536 ALBERT J SCHULZ EP PAGE 06/07 i Hk 1 35e9 Nfl 1 a 1 3i6t32S i 4 Mti A oherty M � y?a COMMONNNTALTH OF MASSACHUSETTS County: SSi X ss• Januar y 11 ,Zt101 Then,personall), Appeared the above-panned Mary A.Doherty,and acknowledged the foregoing instrument to be her free act and deed,before me .._.I Not y P iic ommission expires: JOSEPH BMIDr ;, u NOTARY TAR PUBLIC � ;� AA sip�+cpIros `'ti: ' '•• 1 i y r; tx s f i Pp1l�lii I ,K ' 04/06/2004 16:27 50842015:36 ALBERT .J SCHULZ EP PAGE 07/07 iy )�k 1 35c 5 PO 1 3E *Gelb ,1 an M. Millane STATE OF CONN,ECTICUT County: Tolland ,SS. Ellington Januaryl7 ,2001 Then personally appeared the above-named Joan M.Millane,and acknowledged J the foregoing instrument to be hay free act and deed,before me Notary Public ''' -� 4A My Commission Expires: DIANE'i--l.,.A+9�3C MY COMM AN NOT�t U,tzL I$SICFKRIA P �2 ' I. BARNSTME REGISTRY OF DEEDS 2 ,5 : d-- No. (i eE_Dztd FeeTHECOMMONWEALTH F SAS S in computer !Vv PUBLIC HEALTH DIVISION -TOWN OF BARNSTABLE,, MASSAmUSETTS Yes Z(pplitation for Migpo$al E)p2um Con!5truttion 3permit Application for a Permit to Construct tx)Repair( )Upgrade( )Abandon( ) .rComplete System. ❑Individual Components Location Address or Lot No.g Owner's Name,Address and Tel.No. 02 641/ ,elA yov to. C a G Zr Assessor's Map/Parcel ? dr44 t,ia IeA> Installer's Name,Address,and Tel.No. 5 0 8—7 7 5—3 3 3 8 Designer's Name,Address and Tel.No. 5 0 8—8 8 8—4 9 7 5 J.P.Macomber & Son Inc. CJ Engineering 449 Route 130 Box 66 Centerville,Mass .02632 Suite 13 Sandw-ich,Mass.02563 Type of Building:' DwellingXXXNo.of Bedrooms 2 Lot Size /O f'So,a sq.ft. Garbage Grinder(yt+ Other Type of Building No.of Persons Showers( ) Cafeteria( ) Other Fixtures Design Flow gallons per day. Calculated daily flow gallons. Plan Date Number of sheets Revision Date Title Size of Septic Tank Type of S.A.S. -Description of Soil Nature of Repairs or Alterations(Answer when applicable) _ 1 —1 500 cra'llon septic tank ate last inspected: Agreement: Th agrees to ensure cons ction d ntenance of a afore described on-site sewage disposal system in cordance with the provisions of Ti e 5 o e EnvighnnientAl Code and not t plac the system in operation until a Certifi- cat of Compliance has been is oard o Signed Date 1 0/3 0/0 2 Application Approved by Date 17 Application Disapproved for the following reasons Permit No. 2-QQZ_s­7q Date Issued 7- , O Z -- --------------------------- THE COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, MASSACHUSETTS Certificate of Compliance THIS IS TO CERTIFY, that the On-site Sewage Disposal System ConstructscNXX-�Repaired ( )Upgraded( ) Abandoned( )by J.P.Maeot . Son at 9 Elaine Road Centerville,Mass . has been constructed in accordance with the provisions of Title 5 and the for Disposal System Construction Permit No. S002-5,714 dated IS—J'—0 7- Installer ,T_P Mat-r)W-hbr &. Snn Tnc- Designer CJ Engineering The issuance of this permit snail not be construed as a guarantee that the system will function as designed. Date Inspector STANDARD FORM PURCHASE AND SALE AGREEMENT From the Office of: John W.Kenney,Esq. 1550 Falmouth Road, Suite 12 Centerville,Ma 02632 This day of February,2004. 1. PARTIES KIIVIYON R. COLE,Trustee of the Cole Nominee Trust,of 3 Elaine Road,Hyannis,MA 02601, AND MAILING hereinafter called SELLER,agrees to SELL and SAMUEL C. TRAYWICK of P.O.Box 216,West ADDRESSES Hyannisport,MA 02672,hereinafter called the BUYER OR PURCHASER,agrees to BUY,upon the terms hereinafter set forth,the following described premises. ' 2. DESCRIPTION A certain parcel of vacant land situated at 9 Elaine Road,Hyannis,MA 02601. For description and 5. (include title Seller's title,see Deed recorded with the Barnstable County Registry of Deeds in Book 13529,Page 123. reference) 3. BUILDINGS, NOT APPLICABLE. STRUCTURES; IMPROVEMENTS, FIXTURES (fill in or delete) 4. TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed naming to the BUYER,or to the nominee designated by the BUYER by written notice to the SELLER at least seven days • Include here by before the deed is to be delivered as herein provided,and said deed shall convey good and clear. specific references record and marketable title thereto,free from encumbrances, except any restrictions, (a)Provisions of existing building and zoning laws; easements,rights (b)Existing rights and obligations in party walls which are not the subject of written agreement; and obligations in (c)Such taxes for the then current year as are not due and payable on the date of the delivery of party walls not such deed: included in(b), (d)Any liens or municipal betterments assessed after the date of this agreement; leases, municipal (e)Easements,restrictions and reservations of record,if any,so long as the same do not prohibit and other liens, or materially interfere with the current use of said premises: other encumbrances, and make provision to protect SELLER against B UYER's breach ofSELLER's covenants in leases, where necessary 5. PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the deed in form adequate for recording or registration. 6: REGISTERED In addition to the foregoing,if the title to said premises is registered,said deed shall be in form sufficient TITLE to entitle the BUYER to a Certificate of Title of said premises,and the SELLER shall deliver with said deed all instruments,if any,necessary to enable the BUYER to obtain such Certificate of Title. 7. PURCHASE PRICE The agreed purchase price for said premises is ONE HUNDRED SEVENTY-FIVE THOUSAND AND N01100($175,000.00)DOLLARS, of which $ 1,000.00 have been paid as a deposit this day; $ 14,000.00 is to be paid upon the execution of the Purchase and Sale Agreement;and $ 160,000.00 is to be paid at the time of delivery of the deed in cash,or by certified, cashier's,treasurer's or bank check(s). $ 175,000.00 TOTAL 8. TIME FOR Such deed is to be delivered at 2:00 p.m on the third business day after issuance of a Building Permit by PERFORMANCE; the Town of Barnstable but not later than April 6,2004 at Barnstable County Registry of Deeds,unless DELIVERY OF otherwise agreed upon in writing.It is agreed that time is of the essence or this agreement~ DEED 9. POSSESSION SS AND Full possession of 'p said premises free of all tenants and occupants is to be delivered at the time of the CONDITION OF delivery of the deed,said premises to be then(a)in the same condition as they now are,reasonable use and PREMISE wear thereof excepted,and(b)not in violation of said building and zoning laws,and(c)in compliance (attach a list of with provisions of any instrument referred to in clause 4 hereof.The BUYER shall be entitled personally to exceptions, if any) inspect said premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause. 10. EXTENSION TO If the SELLER shall be unable to give title or to make conveyance,or to deliver possession of the PERFECT TITLE premises,all as herein stipulated,or if at the time of the delivery of the deed the premises do not conform OR MAKE with the provisions hereof,then the SELLER shall use reasonable efforts to remove any defects in title,or PREMISES to deliver possession as provided herein,or to make the said premises conform to the provisions hereof,as CONFORM the case may be,in which event the SELLER shall give written notice thereof to the BUYER at or before (change period of the time for performance hereunder,and thereupon the time for performance hereof shall be extended for time if desired). a period or thirty days.Reasonable efforts shall require the Seller to expend no more than$2,500.00, including professional fees,to comply with the provisions of this paragraph 11. FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, PERFECT TITLE deliver possession or make the premises conform,as the case may be,all as herein agreed,or if at any OR MAKE time during the period of this agreement or any extension thereof,the holder of a mortgage on said PREMISES premises shall refuse to permit the insurance proceeds,if any,to be used for such purposes,then any CONFORM, etc. payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. 12. BUYER'S The BUYER shall have the election,at either the original or any extended time for performance,to accept_ ELECTION TO such title as the SELLER can deliver to the said premises in their then condition and to pay therefore the ACCEPT TITLE purchase price without deduction,in which case the SELLER shall convey such title,except that in the event of such conveyance in accord with the provisions of this clause,if the said premises shall have been damaged by fire or casualty insured against,then the SELLER shall,unless the.SELLER has previously restored the premises to their former condition,either (a)pay over or assign to the BUYER, on delivery of the deed,all amounts recovered or recoverable on account of such insurance,less any amounts reasonably expended by the SELLER for any partial restoration,or (b)if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof.to be used to restore the said premises to their former condition or to be so paid over or assigned,give to the BUYER a credit against the purchase price,on delivery of the deed,equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SELLER for any partial restoration. 13. ACCEPTANCE OF The acceptance of a deed by the BUYER or his nominee as the case may be, shall be deemed to be a d DEED full performance and discharge of every agreement and obligation herein contained or expressed,except such as are,by,the terms hereof,to be performed after the delivery of said deed. 14. USE OF To enable the SELLER to make conveyance as herein provided,the SELLER may,at the time of delivery MONEY TO of the deed,use the purchase money or any portion thereof to clear the title of any or all encumbrances or CLEAR TITLE interests,provided that all instruments so procured are recorded simultaneously with the delivery of said deed or within a reasonable period of time thereafter in accordance with standard conveyancing practices in Barnstable County,or within a reasonable period of time thereafter in accordance with standard conveyancing practices in Barnstable County. 15. INSURANCE Until the delivery of the deed,the SELLER shall maintain insurance on said premises as follows: (Insert amount(list Type of Insurance Amount of Coverage additional types of insurance and (a)Fire and Extended Coverage As presently insured amounts as agreed) 16. ADJUSTMENTS Taxes for the then current fiscal year shall be apportioned as of the day of performance of this agreement (list operating and the net amount thereof shall be added to or deducted from,as the case may be,the purchase price expenses, if any, or payable by the BUYER at the time of delivery of the deed. attach schedule) 17. ADJUSTMENT If the amount of said taxes is not known at the time of the delivery of the deed,they shall be apportioned OF UNASSESSED on the basis of the taxes assessed for the preceding fiscal year,with a reapportionment as soon as the AND new tax rate and valuation can be ascertained;and,if the taxes which are to be apportioned shall there- ABATED TAXES after be reduced by abatement,the amount of such abatement,less the reasonable cost of obtaining the same,shall be apportioned between the parties,provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 18. BROKER'S FEE NOT APPLICABLE 19. BROKER(S) NOT APPLICABLE WARRANTY 20.DEPOSIT All deposits made hereunder shall be held in a non-interest-bearing escrow account by John W.Kenney, Esq.as escrow agent subject to the tenons of this agreement and shall be duly accounted for at the time for performance of this agreement.In the event of any disagreement between the parties,the escrow agent may retain all deposits made under this agreement pending instructions mutually given by the SELLER and the BUYER 21. BUYER's If the BUYER shall fail to fulfill the BUYER's agreements herein,.all deposits made hereunder by the DEFAULT; BUYER shall be retained by the SELLER as liquidated damages and this shall be the Seller's sole DAMAGES remedy at law and in equity. 22. RELEASE BY The SELLER's spouse hereby agrees to join in said deed and to release and convey all statutory and HUSBAND OR other rights and interests in said premises. WIFE 23. BROKERAS NOT APPLICABLE PARTY 24. LIABILITY OF If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity,only the TRUSTEE, principal or the estate represented shall be bound,and neither the SELLER or BUYER so executing,nort SHAREHOLDER, any shareholder or beneficiary of any trust,shall be personally liable for any obligation,express or BENEFICIARY,etc. implied,hereunder. 25. WARRANTIES AND The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor REPRESENTATIONS has he relied upon any warranties or representations not set forth or incorporated in this agreement or ifnone,state 'none"; previously made in writing,except the following additional warranties and representations,if any,made. if any listed, indicate by either the SELLER or the Broker: by whom each warranty or None. representation was made 26. MORTGAGE NOT APPLICABLE. CONTINGENCY CLAUSE (omit if not provided for in Offer to Purchase) l 27. CONSTRUCTION This instrument,executed in multiple counterparts,is to be construed as a Massachusetts contract,is to AGREEMENT take effect as a sealed instrument,sets forth the entire contract between the parties,is binding upon and enures to the benefit of the parties hereto and their respective heirs,devisees,executors,administrators, successors and assigns,and may be cancelled,modified or amended only by a written instrument executed by both the SELLER and the BUYER If two or more persons are named herein as BUYER their obligations hereunder shall be joint and several.The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent or the parties to it. 28. LEAD PAINT NOT APPLICABLE LAW 29. SMOKE NOT APPLICABLE DETECTORS 30. ADDITIONAL See Addendum"A"attached hereto and incorporated herein by reference. PROVISIONS NOTICE:This is a legal document that creates binding obligations.If not understood,consult an attorney. SELLER COLE NOMINEE TRUST BY: Kimyon R. Cole, Trustee R: Samuel BROKER Craigville Realty Co. BY: f ADDENDUM"A"TO PURCHASE AND SALE AGREEMENT 31. Condition of Purchase: It shall also be a condition of BUYER's obligation to purchase said Premises that at the closing,Seller states— that to the best of his knowledge: (a) Elaine Road,on which said Premises front,is a public way or there is appurtenant to said Premises the perpetual rightand easement of record to use Elaine Road and any and all other roads leading to the nearest public way for all purposes for which streets and ways are now or may hereafter be used in the Town of Barnstable,including without limitation access on foot or in motor vehicles thereon and installation and use thereon and therein of utility lines for water,electricity,cable television and telephone service, (b) no portion of said Premises is subject to (i) General Laws, Chapter 131, Sections 40 and 40A, relative to the filling, dredging or alteration of wetlands, (ii) zoning provisions, ordinances or regulations of the municipality relative to wetlands,flood plains,watershed districts or similar classifications,(m)zoning provisions,ordinances or regulations of the municipality relative to conservation,land preservation or similar classifications,and(iv)zoning provisions,ordinances or regulations of the municipality relative to historic district,restrictions or similar restrictions; (c) BUYER can obtain an owner's policy of insurance insuring title to said Premises and access rights to in BUYER,free from encumbrances except as set forth in Clause 4 of this Agreement and for standard exceptions and other exceptions, including but not limited to takings,assessments and offers,as are routinely taken in ALTA Owner's policies,issued by a tide insurance company qualified to do business in Massachusetts. 32. All notices required or permitted to be given hereunder shall be in writing and delivered by hand or mailed,postage prepaid,by registered or certified mail,return receipt requested,addressed as follows: FOR THE SELLER Kimyon R.Cole,Trustee ' Cole Nominee Trust 3 Elaine Road Hyannis,MA 02601 WITH A COPY TO: John W.Kenney,Esquire 12 Center Place 1550 Falmouth Road } Centerville,MA 02632 (508)771-9300 (508)775-6029 FAX ,r FOR THE BUYER: Samuel C.Traywick P.O.Box 216 West Hyannisport,MA 02672 WITH A COPY TO: NOTICE GIVEN BY MAIL SHALL BE DEEMED GIVEN WHEN MAILED. ANY PARTY MAY NOTIFY THE OTHER PARTIES BY SUCH NOTICE OF A CHANGE OF ADDRESS, IN WHICH CASE SUCH NEW ADDRESS SHALL BE EMPLOYED FOR ALL SUBSEQUENT MAILINGS. 33. Post-Closing Adjustments: If any errors or omissions are found to have occurred in any calculations of figures used in the settlement statement signed by the parties (or would have been included if not for any such errors or omissions) and notice thereof is given within two months of the Closing to the party to be charged, then such parry agrees to make a payment to correct the error or omissions. 34. Pending Litigation or other Action Affecting Premises: SELLER represents that SELLER is not aware of any unresolved litigation,including divorce proceedings involving Seller or pending or ongoing regulatory hearings or actions which would affect said Premises,and SELLER agrees to keep BUYER informed,by notice given pursuant to this Agreement,of any such litigation,hearings,or actions,whether scheduled,anticipated,or in progress. %31., BUYER acknowledges the existence of an exclusive use easement giving the owners of Lot 36,Elaine Road,Hyannis,MA,the exclusive right to use 1,370 square feet of Lot 34,the subject premises,where said lots abut,all as shown on an Easement Plan to be recorded with the Barnstable County Registry of Deeds. 36. BUYER'S obligations hereunder are subject to BUYER obtaining,at his expense,a building permit from the Town of Barnstable to construct a two(2)bedroom house on the subject property. 37. BUYER and SELLER hereby acknowledge that BUYER is a real estate professional and co-owner of Craigville Realty Co.in,' West Hyannisport,MA. SELLER: COLE NOMINEE TRUST BY: Ki on R. Cole, Trustee R: Samuel C&T�ac BROKER: Craigville Realty Co. BY: Cole to Traywick 9 Elaine Rd/Purchase and Sale Agreements i j Bk 14069 Pta312 *53296 Return To: 07-24-2001 a 03■49p Prepared By:t BOBBI BROWN [Space Above This Line For Recording Data] MORTGAGE J S DEFINITIONS 1 ,\ Words used in multiple sections of this document are defined below and other words are defined in - �U Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are M also provided in Section 16. (A)"Security Instrument'means this document,which is dated July A. 2001 together with all Riders to this document. v (B)"Borrower"is KIMYON R COLE, Individually and Kimyon R. Cole, trustee of Cole Nominee Trust Borrower is the mortgagor under this Security Instrument. (C)"Lender"is CAPE COD BANK AND TRUST COMPANY, N.A. Lender is a CORPORATION organized and existing under the laws of the UNITED STATES OF AMERICA COLE.K 0 MASSACHUSETTS-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3022 1/01 O®61MAt(0oos) �1�� III Pape 1 01 M Al W 0RM W015 / ` I II�I�II II�III III II��II III IIII�II VMP MORTGAGE FORMS-(9001621-7291 1111'I Sk 14069 P0313 OS3296 Lender's address is '31 WORKSHOP ROAD, SOUTH YARMOUTH. MA 02664 Lender is the mortgagee under this Security instrument. (D)"Note"means the promissory note signed by Borrower and dated July 24, 2001 The Note states that Borrower owes Lender F1 fty Thousand and no/100 Dollars (U.S.$50,000.00 )plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than August 1, 2016 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F)"Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. (G) "Riders"means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable): ®Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider 0 Balloon Rider ❑Planned Unit Development Rider®1-4 Family Rider 0 VA Rider 0 Biweekly Payment Rider 0 Other(s)(specify) (11) "Applicable I.aw" means all controlling applicable federal, slate and local statutes, regulations, ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues,Fees,and Assessments"means all dues,fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners ... association or similar organization. (.I) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,computer,or magnetic tape so as to order,instruct,or authorize a financial institution to debit. or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, ,transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K)"Escrow Items"means those items that are described in Section 3. (L)"Miscellaneous Proceeds" means any compensation, settlement, award of damages,or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for:(i) damage to, or destruction of, the Property; (ii)condemnation or other taking of all or any part of the Property; (iii)conveyance in lieu of condemnation;or(iv)misrepresentations of,or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of,or default on, the Loan. (N)"Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. (0)"RESPA" means the Real Estate Settlement Procedures Act(12 U.S.C. Section 2601 et seq.)and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument, "RESPA"refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"under RESPA. COLE,K 0 (M-6(MA)l000sf Pape 2 of 15 Form 3022 1/01 i .. P Y Bk 14069 Ps314 OM3296 (P)"Successor fit Interest of Borrower" means any party[hat has taken title to the Property,whether or not dial party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY 1 This Security Instrument secures to Lender:(i)the repayment of the Loan,and all renewals,extensions and modifications of the Note; and (ii)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage,grant and convey to Lender and Lender's successors and assigns,with power of sale, the following described property located in the [Type of Recording Jurisdiction] Of (Nana of Recording Jurisdiction]: Parcel ID Number: which currently has the address of 9 ELAINE ROAD tstrect] HYANNIS [City] ,Massachusetts 02601 [zip code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Payment of Prinelpal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items Lipursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. COLE,K ���G p WOW.: ®atMA)t000st Pate 3 of t s Form 3022 1101 i Bk 14069 P031S OS3296 d currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds.Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time,Lender shall either apply such funds or return them to Borrower. If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c)amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts I shall be applied first to late charges, second to any other amounts due under this Security Instrument,and -- then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge.If more than one Periodic Payment is outstanding,Lender may apply any payment received. from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments,such excess may be applied to any late charges due.Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note,until the Note is paid in full,a sum(the "Funds")to provide for payment of amounts due for: (a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b)leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing.In the event of such waiver,Borrower shall pay directly,when and where payable,the amounts COLE,K p 1,014 : Q C (M 6(MA)i000si a,a"a of 16 ' Form 3022 .1101 Sk 14069 P9316 053296 due for any Escrow Items for which payment of Funds has been waived by Lender and,if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrase"covenant and agreement' is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts,that are then required under this Section 3. Lender may,at,any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and(b)not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,or entity(including Lender,if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge.Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments.If there is a deficiency of Funds held in escrow,as defined under RESPA.Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument,leasehold payments or ground rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if any.To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a rnarmer acceptable to Lender,but only so long as Borrower is performing such agreement; (b)contests the lien in good faith by,or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument,Lender may give Borrower a notice identifying the COLE,K Z 0 MIGab:� (ED®6(MA)f000si Fa"s of 16 Form 3022 1101 i 1 ; I Bk 14064 Ps317 *53246 lien.Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5.Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including,but not limited to,earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels)and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above. Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover lender, but might or might not protect Borrower,Borrower's equity in the Property,or the contents of the Property,against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained.Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest ._.. at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as. mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lendei, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds,whether or not the underlying insurance was required by Lender,shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period,Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with COLE.K p (M®6(MA)woosi P•O.6 of 15 Form 3022 1/01 Bk 141069 Pa318 *53296 the excess, if any,paid to Borrower.Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate.and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance cattier has-offered to settle a claim,then Lender may negotiate and settle the claim.The 30-day period will begin when the notice is given. In either event• or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security instrument,and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and,use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property. Borrower shall maintain the Property in order to prevent the Properly from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to,or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such - purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.If the insurance or condemnation proceeds are not sufficient to repair or restore the Property. Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be In default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,misleading,or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9.Protection of Lender's Interest In the Property and Rights Under this Security Instrument.If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument,(b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture,for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or(c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property,and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a)paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable COLE.K 0 ®•61MA)f000si P.oe 7 of 18 Form 3022 1101 Bk 14069 Ps319 453296 attorneys'fees to protect its interest in the Property and/or rights under this Security Instrument,including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs,change locks, replace or board up doors and windows,drain water from pipes,eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10.Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If,for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to. maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter into agreements with other parties that share or modify their risk,or reduce losses.These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements.These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity,or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from(or might be characterized as)a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. if such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance."Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any other terms of the Loan.Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. COLE.K � WON:a6 (0 6IMA1 i000sj pa"8016 Form 3022 1101 Bk 14069 Ps320 053296 (b) Any such agreements will not affect the rights Borrower has-if any-with respect to the Mortgage Insurance under the Homeowners Protection Act of I"S or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time or such cancellation or termination! 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the'restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Gender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due,with the excess, if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with the excess,if any,paid to Borrower. In the event of a partial taking, destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sutras secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking,destruction,or loss in value.Any balance shall be paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market. value of the Property immediately before the partial taking,destruction,or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the sutras secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. 'Opposing Party'means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument.The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. COLE.K 0 wrar.� ®®8(MAl(000s) papa s oe 16 Form 3022 1/01 r Sk 14069 Pw321 OS3296 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization 6f the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower.Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13.Joint and Several Liability;Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several.However,any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender,shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including,but not limited to,attorneys' fees,property inspection and valuation fees. In regard to any.other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. COLE,K 0 IN144: ®6(MA)aoosr rye ro or is Form 3022 1/01 Bk 14469 P9322 053296 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against agreement by contract. In the event lhAl any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b)words in the singular shall mean and include the plural and vice versa; and (c)the word "may' gives sole discretion without any obligation to take any action. 17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property,including,but not limited to,those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the dale the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this.... Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of:(a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures any default of any other covenants or. agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and(d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or(d)Electronic Funds Transfer. Upon reinstatement by Borrower,this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20.Sale of Note;Change of Loan Servicer;Notice of Grievance. The Note or a partial interest in the Note(together with this Security Instrument)can be sold one or more times without prior notice to Borrower. A sale might result in a change"in the entity (known as the 'Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be COLE.K 0 InhlslsuL'feG ®®61MAI I00051 Pipe t,of is Form 3022 1/01 Sic 14069 Pe323 053296 one or more changes of the Loan Servicer unrelated to a sale of the Note.If there is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by d Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join, or be joined to any judicial action(as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of, this Security Instrument,until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances,pollutants,or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials; (b)"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and(d)an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use,disposal,storage, or release of any Hazardous Substances,or threaten to release any Hazardous Substances,on or in the Property.Borrower shall not do, nor allow anyone else to do, anything affecting the Property(a)that is in violation of any Environmental Law,(b)which creates an Environmental Condition,or(c)which,due to the presence,use,or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition,including but not limited to,any spilling,leaking,discharge,release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. if Borrower learns, or is notified by any governmental or regulatory authority,or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. COLE,K 0 Mhiw: ®6(MA)ioaoei Pepe 12 of 16 Form 3022 1/01 61a 14069 Pw324 OS3296 NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 22.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument tout not prior to acceleration+under Section 18 unless Applicable Law provides otherwise).The notice shall specify:(a) the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result In acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further Inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale.If the default is not cured on or before the date specified In the notice,Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided In this Section 22, including,but not limited to,reasonable attorneys'fees and costs of title evidence. If Lender Invokes the STATUTORY POWER OF SALE,Lender shall mail a copy or a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law.Lender shall publish the notice of sale,and the Property shall he sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order:(a)to all expenses or the sale,including, but not limited to, reasonable attorneys' fees; (b)to all sums secured by this Security Instrument; and(c)any excess to the person or persons legally entitled to it. 23.Release. Upon payment of all sums secured by this Security Instrument,Lender shall discharge, this Security Instrument. Borrower shall pay any recordation costs.Lender may charge Borrower a fee for releasing this Security Instrument,but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24.Waivers.Borrower waives all rights of homestead exemption in the Property and relinquishes all rights of curtesy and dower in the Property. COL E X 0 -a(MA)t000et Ppe 13 W 15 Form 3022 1l01 II J Sk 14069 Ps325 #53296 i BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: 1 r 6— (Seal) J qu ne M. Cronin KIMYON COLE -Borrower s to both �( (M �• L/l(% (Seal) Kimyoryp. Cole, Trustee -Borrower Cole Mominee Trust (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower - -Borrower COLE,K p ®6(MA)woos) rape 14 of 15 Form 3022 1101 Bk 14069 Ps326 053296 COMMONWEALTH OF MASSACHUSETTS, Barnstable County ss: On this 24th day of July. 2001 before me personally appeared KIMYON R COLE ) to me known to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. My Commission Expires: 3-29-2007 Notary Publi J ueline M. Cronin COLE.K 0 (S 6WA)100051 Pape 16 of 16 Form 3022 1101 Sk 14069 Pz327 053296 LOAN NO. ADJUSTABLE RATE RIDER 0 Year Treasury Index--Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 2 4 t h day of J u I y. 2 0 0 1 ,and is incorporated into and shall be deemed to amend and supplement the Mortgage,Deed of Trust or Security Deed(the"Security Instrument")of the same date given by the undersigned(the'Borrower")to secure Borrower's Adjustable Rate Note(the"Note")to CAPE COD BANK AND TRUST COMPANY. N.A. (the"Lender")of the same date and covering the property described in the Security Instrument and located at: 9 ELAINE ROAD . HYANNIS . MA 02601 ]Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument,Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 6 . 0 0 0 0%. The Note provides for changes in the interest rate and the monthly payments,as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of A u g u s t . 2 0 0 2 and on that day every 12ih month thereafter. Each date on which my interest rate could change is called a"Change Date." (B) The Index Beginning with the first Change Date,my interest rate will be based on an Index. The'Index'is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year,as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the"Current Index." If the Index is no longer available,the Note Holder will choose anew index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date,the Note Holder will calculate my new interest rate by adding Three and One / Quarter percentage points( 3 . 2 5 0 0%)to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point(0.125%). Subject to the limits stated in Section 4(D)below,this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate 1 am required to pay at the first Change Date will not be greater than 8 . 0 0 0 0 %or less than 4 . 0 0 0 0 %. Thereafter,my interest rate will never be increased or decreased on any single Change Date by more than two percentage points(2.0%)from the rate of interest I have been paying for the preceding twelve months. My interest rate will never be greater than 12 . 0 0 0 0 %. MULTISTATE ADJUSTABLE RATE RIDER—ARAt 5-2-Single Family--FNMA/F1`1LMC Untform Instrument Form 3111 318S ISC/CRID-#//0391/31 11(03-85)-L PAGE I OF 2 Bk 14069 Ps328 OS3296 LOAN NO. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly paymeri changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if:(a)Borrower causes to be submitted to Lender information.required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee;and(b)Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law.Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. /l k" (Seat) K I M Y N R COLE -Borrower (Seal) 3.myo R. Cole, Trustee -Borrower Col ominee Trust (Seal) -Borrower (Seal) -Borrower MULTISTATE ADJUSTABLE RATE RIDER--ARM 5-2--Single Famlly--FNMA/F1ILMC Uniform Instrument Form 3111 3/8S ISC/CRID•-//0392/31l l(03-85)-L PAGE 2 OF 2 I f Sk 14069 Pa329 953296 EXHIBIT"A" The land in Barnstable(West Hyannis),Town and County of Barnstable,Commonwealth of Massachusetts,being more particularly shown and described as Lot 34 on a Plan of land entitled "Craig Port a Residential Subdivision in West Hyannis,Mass.Property of Rolkin Realty Trust. (Frank L.Elkin(Trustee)September 1961 Ed Kellogg—Engr.—Osterville",duly recorded in Barnstable County Registry of Deeds in Plan Book 165,Page 41. Property Address:9 Elaine Road,Barnstable(Hyannis),Barnstable County,Massachusetts Fyr erantor's title see deed recorded hPrPwith Bta 1406V P9330 *53296 CERTIFICATE OF TRUSTEE The undersigned Kimyon R.Cole,being the sole Trustee of Cole Nominee Trust under Declaration of Trust dated January 31,2001,and recorded with Barnstable County Registry of Deeds at Book 13529,Page 118 hereby certifies as follows: 1) I am the sole trustee; 2) The Declaration of Trust has not been altered,modified,amended or terminated since its recording at said Registry of Deeds; 3)) I have been authorized by the beneficiaries to obtain a loan from Cape Cod Bank and i Trust Company,N.A.in the amount of Fifty Thousand and 00/100($50,000.00)Dollars and to grant Cape Cod Bank and Trust Company,N.A.a first mortgage on the real estate known as 9 Elaine Road,Barnstable(Hyannis),Barnstable County,Massachusetts. WITNESS my hand and seal this 24'h day of July,2001. ( Cole Nominee Trust Kimyo .Coale,Trustee THE COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. July 24,2001 Then personally appeared the above named Klmyon R.Cole,the sole Trustees Cole Nominee Trust,and acknowledged the foregoing instrument to be the Trust's free act and deed,as aforesaid before me. Lary lic: Jacqueline M. Cronin My commission expires: 3/29/07 BARNSTABLE REGISTRY Of DEEDS BEc 14469 Ps 331 053296 THIS PAGE INTENTIONALLY LEFT BLANK THIS PAGE INTENTIONALLY LEFT BLANK THIS PAGE INTENTIONALLY LEFT BLANK BARNSTABLE REGISTRY OF DEEDS r Barnstable Assessing Search Results Page 1 of 2 r Home: Departments:Assessors Division: Property Assessment Search Results tom ihwogla 3 ELAINE ROAD Owner: COLE, KIMYON R&TERESA M TRS Property Sketch Legend Map/Parcel/Parcel Extension 248 /097/ 1„9' lu Mailing Address ,, 13AS COLE, KIMYON R&TERESA M TRS 1 COLE FAMILY TRUST .44 FCpP 3 ELAINE RD BAS: HYANNIS, MA.02601 24, 'RMT 2004 Assessed Values: Appraised Value Assessed Value Building Value: $97,000 $97,000 Extra Features: $ 14,300 $ 14,300 Outbuildings: $800 $800 Land Value: $130,600 $ 130,600 Interactive Property Map: Map requires Plug in: Ukk For Totals:$242,700 $242,700 1 have visited the maps before Show Me The Map w�t''IILJ f April 2001 photos available - a Sales History: Owner: Sale Date Book/Page: Sale Price: COLE, KIMYON R&TERESA M 7/12/1� 2106/256 $0 ;ACOLE, KIMYON R&TERESA M TRS 10/18/2002 15760/061 $ 10 2004 Tax Information: Tax Rates: (per$1,000 of valuation) Town Tax $ 1,604.25 Town Fire District Rates Other Rates 6.61 Barnstable 2.01 Land Bank 3%of Town Tax Hyannis FD Tax $492.68 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $48.13 Hyannis 2.03 West Barnstable 1.36 Total: $2,145.06 Due to rounding differences these values may vary http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing... 4/14/2004 ti Barnstable Assessing Search Results Page 2 of 2 Land and Building Information Land Building Lot Size(Acres) 0.27 Year Built 1964 Appraised Value $ 130,600 Living Area 1370 Assessed Value $ 130,600 Replacement Cost$ 118,234 Depreciation 18 Building Value 97,000 Construction Details Style Split-Level Interior Floors Hardwood Model Residential Interior Walls Drywall Grade Average Heat Fuel Gas Stories 1 Story Heat Type Hot Water Exterior Walls Vinyl Siding AC Type None Roof Structure Gable/Hip Bedrooms 3 Bedrooms Roof Cover Asph/F GIs/Cmp Bathrooms 2 Bathrooms Total Rooms 8 Rooms Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL1 Fireplace 1 $2,500 $2,500 BLA Bsmt Liv-Aver 576 $ 11,800 $ 11,800 SHED Shed 100 $800 $800 Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area (Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area (Unfinished) FAT Attic Area (Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing... 4/14/2004 LA 11 602106 256 We, A. BYRON COFFIN, JR. and ISABEL A. COFFIN, husband and wife, as tenants by the entirety, both of 235 Andros, Merritt Island, Florida i *ifilijgf*M WW,for the full consideration of $21,000.00 Poid grant to KIMYON R. COLE and TERESA M. COLE, husband and wife, as tenants by the entirety, both of 36 Elaine Road, Barnstable (Hyannis), Barnstable County, Massachusetts, with gar4Ua atww1pla the land in Barnstable (Hyannis), Barnstable County, Massachusetts, together with any buildings thereon, bounded and des- cribed as follows: SOUTHERLY by Elaine Road and Carlotta Avenue, as shown on a plan hereinafter mentioned, one hundred thirty-six and 75/100 (136.75) feet; WESTERLY by Lot 37, as shown on said plan, one hundred and 00/100 (100.00) feet; NORTHERLY by Lots 38 and 35, as shown on said plan, ninety-three and 38/100 (93.38) feet; and EASTERLY by Lot 54, as shown on said plan, ninety-eight and 16/100 (98.16) feet. Being LOT 36 containing 11,705 square feet, more or less, as shown on a plan-entitled: "Craig Port a Residential Subdivision in West Hyannis, Mass. property of Rolkin Realty Trust, September 1961, Ed. Kellogg; Eng'r.", which said plan is duly filed in the Barnstable County Registry of Deeds in Plan Book 165 Page 41. gThe above described premises are conveyed subject to and with g the benefit of a right of way for all purposes for which streets or ways may customarily be used in the Town of West Hyannis, in, over and upon the named streets or ways as shown on said plan herein referred to in common with others entitled to the use thereto. The above described premises are conveyed subject to a Road Taking by the Town of Barnstable of Elaine Road and a portion of Carlotta Avenue dated April 2, 1965 and recorded in said Registry in Book 1295 Page 11471 an easement to Cape 6 Vineyard Electric Company and New England Telephone and Telegraph Company dated October 23, 1962 and recorded in said Registry in Book 1178 Page 36 and to the restricts ns contained in an instrument dated December 20, 1962 and recorded in said Registry in Book 1188 Page 522. Being the same premises conveyed to us by deed from Hyannis Real Estate Exchange, Inc. dated October 21, 1963 and recorded in said Registry in Book 1223 Page 117. r Executed 24•sealed instruryw t 's /y� day of ^ 1p 74 -� AMoffil r. I STATE OF FLORIDA —— ,..y;;_ Then pmgr ..lly Wesmd she above named A. Byron Coffl.;1�, 1 t�ed�e� lomXoing instrument to be ta! bee ar�aCiKa'trOT1:.41• .;: �'�t_ :� �_ �� 'i' My comod Ion }' �,_ i, i State of Florida ) 30th2106 257 County of Brevard ) I,Curtis B.Barnes Clerk of the Count �e being a Court of record of Y d county (and also Clerk of the Circuit Court for said County, Barbara T the aforesaid county having by]aw a�� ...................... Ta forthe acknowledgement: d .. )do That proof or affidavit,was at the time of akin name>s subscribe Kota g said acknoowl .. 4AU L.i�ehed certificate of r7o officer'of' ,_1 v�r atttdavlR a and was as such,an ofttcer of�ja •• duly commiasione� to well as to take and certify Btate,duly authorized b' ! t ' recorded to Y the proof and acknowledgementt of laws ' S said coon B+id state,and that full faith and credit are and ought to same, certify that I am well acquainted ep'. �certificate is his genuine signature his handwriting. B +�ficial ate" rt ebe r or proof is not r 8nature.TheimpressionB and verily urther squired by law to dihisof the seal of sai s+Bt3�ttWe t0.11fa Cached IN WITNESS W be filed>h this office. f *alorac gemeat day of ...,,...j1;ly�EOF,I have hereunto Bet my hand and affixed ' y°sue ioa.2106 Pri 258 STATE OF FLORIDA COUNTY OF BREVARD Before me personally appeared ISABEL A. COFFIN, to me welt known and kncwn to me to be the person described in and who executed the foregoing (attached) instrument, and acknowledged to and before that she executed said instrument for the purposes therein expressed. WITNESS my hand apq-iclal seal, this 3rd day of July, 1974. j. pr ........... 1 f llq�•c ry Public u c „g„•• ��i;a .s } �, i C; •' .x of Florida at Large o -t ea tltXtssion Expires: ..•�� •`� ..:.: Fbl'.'I.t•�:Oa :a[tii OCT ATJAIft MAL!• •�v.� 'fit« �..�..• -kj� r U.. This acknowledgment is to be only attached to a deed wherein A. Byron Coffin, Jr. and Isabel A. Coffin are deeding real estate to Kimyon R. Cole and Teresa M. Cole his wife, as tenants by the entirety. Brenda M. Cooper I f State of Florida ) County o1 Brevard ) A'21% Xi 259 �'6550 t I,Curtis R.Barnes,Clerk of the County of Brev $I�n CJcrk of the Circuit Court for said County,the i same being a Court of record of the aforesaid-,�,�! Iy1�;b ',16w,a seal)do hereby certify that ., 7����•dN[�11p�,, acknowledgement,proof or affidavit, '. Is`gtbscribed to the attached certificate of . Njaf�. )We t7ete cQ taking�r P NQtP knowledgement, roof or affidavit, a ..y.Public. f.• .,. t.. and was as such,an officer o[said stated��y Ivaorite cdind sworn and residing in said county well as to take and certify the proof apd�le�I�iyled e _ a la s' ereof, to take and certify the same,as recorded in said state,and that full faitls asht g. of sapid and other instruments in writing W be certify that I am well acquainted with)iis edit d ou hfy° a given to his official acts;and I further certificate is his genuine signature.The itn, an .4 .-believe that the signature to the attached P jlip t4s %.of said perso ho took said acknowledgement or proof is not required by law to be tiled in this/(, i- IN WITNESS WHEREOF,I have hereunte.set and Ud•iifixed Y 1 this.. 3 d day of .....JulY..... F........... Clerk C coif Court Bk 15760 Ps61 091479 14-18-2002 a 49212a Z��' Property Location: 3 Elaine Road,Hyannis,Massachusetts C6 t� l t- Title not examined �i �j2ve QUITCLAIM DEED 7 WE, Kimyon R. Cole and Teresa M. Cole of 3 Elaine Road, Hyannis, Barnstable County, Massachusetts, 02601 in consideration of less than ten dollars ($10.00) grant to Kimyon R. Cole and Teresa M. Cole, Co-Trustees of The Cole Family Trust u/d/t dated September 5, 2002, recorded herewith, with a mailing address of 3 Elaine Road, Hyannis, Barnstable County, Massachusetts,02601, with QUITCLAIM COVENANTS, the land in Barnstable (Hyannis), Barnstable County, Massachusetts, together with any buildings thereon,bounded and described as follows: SOUTHERLY by Elaine Road and Carlotta Avenue, as shown on a plan hereinafter mentioned,one hundred thirty-six and 75/100 (136.75) feet; WESTERLY by Lot 37, as shown on said plan, one hundred and 00/100(100.00) feet; NORTHERLY by Lots 38 and 35, as shown on said plan, ninety-three and 38/100 (93.38) feet; and EASTERLY by Lot 34, as shown on said plan, ninety-eight and 16/100(98.16) feet. Being LOT 36 containing 11,705 square feet, more or less, as shown on a plan entitled: "Craig Port a Residential Subdivision in West Hyannis, Mass. property of Rolkin Realty Trust, September 1961, Ed. Kellogg, Eng'r.", which said plan is duly filed in the Barnstable County Registry of Deeds in Plan Book 165,Page 41, Kimyon R. Cole and Teresa M. Cole reserve unto themselves a life estate in the above referenced property. Kimyon R. Cole and Teresa M. Cole, having an ownership interest in the above described property and being 62 years of age or older, and being entitled to an estate of homestead of elderly persons, do hereby declare that we occupy said premises as a principal residence and claim homestead protection under G.L.c. 188 §IA. Subject to any and all existing restrictions and encumbrances still in force and effect. For Grantors' title see Deed to Kimyon R. Cole and Teresa M. Cole dated July 12, 1974 and recorded with said Registry of Deeds at Book 2106,Page 256. Prepared by the Law Office of Patricia J.Mello,P.C. 766 Falmouth Road,Mashpee,MA 02649 508-477-0267 1 TPCRLEH i Bk 15760 Po62 "091479 WITNESS our hand and seal this I314 day of , 2002. 9I /. Kimyonl. Cole Teresa M. Cole COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. ,2002 Then personally appeared the above-named Kimyon R. Cole and Teresa M. Cole and acknowledged the foregoing instrument to be their free act and deed, before me. COP,-/ qNory Public: N�T" � 0�5 � My commission expires: � a2 �/�G Prepared by the Law Office of Patricia J.Mello,P.C. 766 Falmouth Road,Mashpee,MA 02649 508-477-0267 2 &WTABLE REGISTRY OF DEEDS TPCRLEH t Barnstable Assessing Search Results Page 1 of 2 &I III 1 r Home: Departments: Assessors Division: Property Assessment Search Results 9 ELAINE ROAD Owner: COLE, KIMYON R TR Property Sketch Legend Map/Parcel/Parcel Extension No sketch is available for this pal 248 /199/ Mailing Address COLE, KIMYON R TR COLE NOMINEE TRUST 3 ELAINE RD HYANNIS, MA.02601 2004 Assessed Values: Appraised Value Assessed Value Building Value: $0 $0 Extra Features: $0 $0 Outbuildings: $0 $0 Land Value: $ 12,900 $ 12,900 Interactive Property Map: ap requires Plug in: Totals:$ 12,900 $ 12,900 1 have visited the maps before Fir: Show Me The Map April 2001 photos available Sales History: Owner: Sale Date Book/Page: Sale Price: DOHERTY,JOHN G TR& 12/15/1.j8& 5483/227 $ 1 lrCAPE, COD BLDG SUP 1434/650 $0 faCOLE, KIMYON R TR 1/31/2001 13529/123 $24,000 2004 Tax Information: Tax Rates: (per$1,000 of valuation) Town Tax $85.27 Town Fire District Rates Other Rates 6.61 Barnstable 2.01 Land Bank 3%of Town Tax Hyannis FD Tax $26.19 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $2.56 Hyannis 2.03 West Barnstable 1.36 Total: $ 114.02 Due to rounding differences these values may vary Land and Building Information http://www.town.barnstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing... 4/14/2004 f t Barnstable Assessing Search Results Page 2 of 2 Land Building Lot Size(Acres) 0.24 Year Built 0 Appraised Value $ 12,900 Living Area 0 Assessed Value $ 12,900 Replacement Cost$0 Depreciation 0 Building Value 0 Construction Details Style Vacant Land Interior Floors Model Vacant Interior Walls Grade Heat Fuel Stories Heat Type Exterior Walls AC Type Roof Structure Bedrooms Roof Cover Bathrooms Total Rooms Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area(Unfinished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing... 4/14/2004 CD I 2 Y' , K N O W A L L M E N B Y T H E S E P R E S E N T S that WE, L. ROBERT ROLDR, of Newtaa, Middlesex County, Massachusetts, and FRANK i e o Wellesley, Norfolk Count Massachusetts, and now of that L. ELKIN, formerly £ y, Y, part of Barnstable called Osterville, Barnstable County, Massachusetts,.-TRUSTEES of ROLKIN REALTY.TRUST, under a written Declaration of Trust dated January 30, 1959, and recorded in Barnstable County Registry of Deeds in Book 1128, Page 72, . a for consideration paid, grant to CAPE.COD BUILDING SUPPLIES, INC., a corpora- m rice duly organised under the laws of the Commonwealth of Massachusetts and ,w I ° having its usual place of business at 232 East Mein Street, Yarmouth (West), . i Barnstable County, Massachusetts, with QUITCLAIM COVENANTS; S e Twelve (12) certain lore of land actuated in that pant of Barnstable called West Hyannis, Barnstable County, Massachusetts, boing,Lots 27 34 35 37 .38 40 42 45 82 83 84 and 85, ea shown on a plan"entitled, " Cxaig- Port A.Residential'Subdivision in West Hyannis, Mass. Property of Rolkia j Realty Trues. (Frank L. Elkin, Trustee)", dated September, 1961, E. D. Kellog Eng°r., which plan is recorded with Barnstable County Registry of Deeds in i .. Plan Book 165, Page 41. There is conveyed herewith as appurtenant to each of said Lots a right of way over all of the roads, drives, lanes and avenues, as shown on said plan, said right of way to be used for all purposes for which public ways are now or may hereafter be used in said Barnstable, said right of way to be used In common with the Grantors and others legally entitled thereto. i And there is also conveyed herewith as appurtenant to each of said lots the right to lay, repair, maintain and replace in Carlotta Avenue, Lillian Drive and Elaine Road, as shown on said plan, and In Linda Lane between said Carlotta Avenue and Strawberry Hill Road, as shown on said plan, water ,pipes, sewer pipes, conduits for the transmission of electricity, intel- ligence and fuel, together with the right to place and maintain upon said Carlotta Avenue, Lillian Drive and Blaine goad, and upon said Linda Lane between said Carlotta Avenue and Strawberry Hill Road, poles or structures for the installation of electric or telephone wires; and also the right to I surface said Carlotta Avenue, Lillian Drive and Elaine Road, and said Linda Lane between said Carlotta Avenue and Strawberry Hill Road with a hard-top finish. I And the Grantors reserve, for the benefit of their remaining land shown on said plan, the right to connect with and use any such pipes, wires, con- duits, poles or structures as may hereafter be installed by the Grantee and its successors in title of record, in or upon said Carlotta Avenue, Lillian Drive and Elaine Road,,and said Linda Lane between said Carlotta Avenue and Strawberry Hill Road, in common with others legally entitled thereto. This conveyance is also made subject'to a taking by the Town of Batdatable for the layout of said Strawberry Hill Road by instrument of taking dated May 5, 1067, and recorded in said Barnstable Deeds, Book 1362, Page 287 u� h 4 q�_..............................................._.............._._........................................_............... r, ..�.•.sea► - �.. . ...... .._...e.�.�.. _ . ..... .. ...............,................... ........................................_.'9 3 . _ I I Being a portion of the premises conveyed by deed of Myron Perry at als to the Grantors, dated August 29, 1961, and recorded in said Barnstable Deeds, Book 1128, Page 75. WITNESS our hands and seals this llth day of April, 1969. I I _ I l _V TrueCee ae aforesaid: Trustee as aforesaid. `J STATE OF FLORIDA . t PINHLLAS,SS. APRIL 114 1969 Y' rfs� UI� Then personally appeared the above-Hewed L. ROBHRT ROLDH and acknowledged - 'i I� $` " I the foregoing instrument to be his free deed ROLR , LTY " Irum e act an ee as Trustee o �'� i TRUST; before ab ;aMQ,yg�•:.• ',� toi f. � :li`dVx$Pidv3 I l r�tiftJ�ta r �! s'ttk�y Tabl"l�; My commission expiw ' W NMI RAY;%A W OWN(ntaB elrol t y9N�le?ltiq i � °O"w•hsarsa rAA n,s>aeleGlsR3P .:i � aa�owro hµsUtla oapp tX�.. COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS, APRIL,'01196 i Then personally appeared the above-named FRANK L. ELKIN, and acknowledged I ithe foregoing instrument to be his free act and deed as Trustee of ROLKIN REALTY TRUST; before me r 1 0' ec caov IA9TNotary"Public 4 My ieSion expires: WAPA 251969 Tft' pew. Iq�� BooK5483 i:;E },- QUITCLAIM DEED 94430 ( CAPE COD BUILDING SUPPLIES,INC.,a Massachusetts Corporation, duly organized by law, with a usual place of business at 63 Warehouse Road, Hyannis, Town and County of Barnstable, Commonwealth of Massachusetts, in consideration of One Dollar($1.00)paid,grants to John G. Doherty and Katherine A.Doherty,Trustees of THE DOHERTY REALTY TRUST, under ! written Declaration of Trust recorded at the Barnstable County Registry of Deeds in Book 4167, Page 154, both of Pleasant Street, South Yarmouth ' (Bass River), Barnstable County,Commonwealth of Massachusetts, with QUITCLAIM COVENANTS, the land in Barnstable(West Hyannis),Town and County of Barnstable, Commonwealth of Massachusetts, being more particularly shown and described as LOT 34 on a Plan of Land entitled "Craig Port a Residential Subdivision in West Hyannis, Mass. property of Rolkin Realty Trust.(Frank L. Elkin(Trustee) September 1961 Ed Kellogg - Engr. -Osterville", duly recorded in the Barnstable County Registry of Deeds in Plan Book 165, Page 41. For title reference see Deed recorded at the Barnstable County Registry of Deeds in Book (N.i H , Page a s o . IN WITNESS WHEREOF,the said Cape Cod Building Supplies,Inc., a Masschusetts Corporation,causes its corporate seal to be hereto affixed and there presents to be signed,acknowledged and delivered in its name and behalf by John G. Doherty, its President and Treasurer, this .19 4.day of December,1986. CAPE COD BUI NG PPLIES, B l �ohnoF.erty, 'President 6\Treas r !I COMMONWEALTH OF MASSACHUSETTS F Barnstable,ss: December 1986 Then personally appeared before me,the above-named John G. Doherty, President and Treasurer of Cape Cod Building Supplies,Inc.,and acknowledged the foregoing instrument to be the free act and deed of Cape Cod Building Supplies,.Inc.. Notary Public My Commission Expires: LAW OFPCES REARDON.THOMAS G BAILEY.P.C. {� CORNER OF BEARSE'S WAY j ANO BASSETT LANE I{{( POST O FXE BOX 978 HYANMS.MASS.02601 R517)771-46M 'E VN^r n RICO 0ED DEC-29 86 r nn __ 6T �i�i�K ``�Y�� Nk 1 35cy 1- pj L3 ##6813 Qi 1 -31 -2Q�Qs 1 @ 03:31 p 1/ZS IGn,ttI r-A Qa �d t QUITCLAIM DEED John G. Doherty,Jr.,Trustee of THE DOHERTY REALTY TRUST,under Declaration of Trust dated December 30, 1981, and recorded at the Barnstable County Registry of Deeds in Book 4167Page 154,of 42 Warehouse Road,Hyannis,Barnstable County, Commonwealth of Massachusetts, in consideration of Twenty Four Thousand and no/]00 ($24,000.00)Dollars,paid,hereby grant and convey to KIMYON R. COLE,Trustee of the Cole Nominee Trust under Declaration of Trust dated January 31,2001 and recorded herewith,of 3 Elaine Road,Hyannis,MA, with QUITCLAIM COVENANTS, the land in Barnstable(West Hyannis),Town and County of Barnstable, Commonwealth of Massachusetts,being more particularly shown and described as I.,OT 34 on a Plan of Land entitled"Craig Port a Residential Subdivision in West Hyannis, Mass. Property of Rolkin Realty Trust. (Frank L. Elkin(Trustee) September 1961 Ed Kellogg—Engr.—Osterville", duly recorded in the Barnstable County Registry of Deeds in Plan Book 165,Page 41. PROPERTY ADDRESS: 9 Elaine Road,Barnstable(Hyannis),Barnstable County, Massachusetts. For title reference, see Deed recorded at the Barnstable County Registry of Deeds in Book 5483,Page 227. cj ra �* o r— � • • r� Lr, Lino /y G3 X ►J} ac ' . CM CD r 1 3 Bk 13529 Rg1e4 06813 Executed as a sealed instrument this jo day of January ,2001. John G. Doherty,Jr.,Trustee of ' THE DOHERTY RFALTYTXUST COMMONWEALTH OF MASSACHUSETTS Barnstable,ss. January a ,2001 Then personally appeared the above-named John G.Doherty,Jr.,Trustee of THE DOHERTY REALTY TRUST,and acknowledged the foregoing instrument to be his free act and deed,before me Notary Public 'y ,:•; :;;'�: �; ' My Commission Expires: "* 13E31:NbA C.ANDrRSOiJ,F1otary Pi,blic FA,y Commission f_xp`ros Fob.16,20o2 `�; bk 1 35&9 Fly CERTIFICATE OF TRUSTEE(S) I, John G.Doherty,Jr., Trustee of THE DOHERTY REALTY TRUST,under Declaration of Trust dated December 30, 1981,and recorded/filed with the Barnstable County Registry of Deeds,hereby certify that JOHN G.DOHERTY,JR. is the Trustee of said Trust;that said Trust has not been altered,amended,revoked or terminated;that the Beneficiaries of said Trust are of legal age and are not under legal incapacity;and that pursuant to said Trust the Trustees have been authorized and directed by all of the beneficiaries thereof to convey the trust property located at 9 Elaine Road,Barnstable(Hyannis),Barnstable County, Massachusetts to KIMYON `r✓vu J�e-' R. COLE and-TEffSA-M GOL-E of 3 Elaine Road,Hyannis,MA 02601,and to sign an deliver any and all documents necessary to effectuate said transaction. Executed under seal this day of January,2001. John G. Doherty,Jr.,Tr stee COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. January 2001 Then personally appeared the above named John G. Doherty,Jr.,Trustee and acknowledged the foregoing instrument to be his free act and deed before me. Notary Public • Ul�irr �`v + f� My Commission Expires: :L PQ1 NDA t:.A14r)E:r1,g0\},Notary Fublic CO ;rrii�sior;Lxpl=17©b.15,2002 +�w ,,.•• ;. k. BARNSTABLE REGISTRY OF DEEDS i Barnstable Assessing Search Results Page 1 of 2 t 'w''� F�. `ItLItil'S[.I E i } j4. ell Home: Departments:Assessors Division: Property Assessment Search Results 21 ELAINE ROAD Owner: GAOUETTE, GIRARD A Property Sketch Legend Map/Parcel/Parcel Extension 248 /198/ SDK- 1.$ OP 1>7_ Mailing Address 1 ll •- ''lC-1-110_�GAOUETTE, GIRARD A CAROL A GAOUETTE t� 21 ELAINE RD BJ�S 2: HYANNIS, MA.02601 e2 2004 Assessed Values: Appraised Value Assessed Value Building Value: $ 107,000 $ 1.07,000 Extra Features: $5,000 $5,000 Outbuildings: $500 $500 Land Value: $ 128,700 $ 128,700 Interactive Property Map: Map requires Plug in: Lk,C'Ziic�Totals:$241,200 $241,200 1 have visited the maps before Show Me The MapApril 2001 photos available - Sales History: Owner: Sale Date Book/Page: Sale Price: GAOUETTE, GIRARD A 1481/314314—' $0 2004 Tax Information: Tax Rates: (per$1,000 of valuation) Town Tax $ 1,594.33 Town Fire District Rates Other Rates 6.61 Barnstable 2.01 Land Bank 3%of Town Tax Hyannis FD Tax $489.64 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $47.83 Hyannis 2.03 West Barnstable 1.36 Total: $2,131.80 Due to rounding differences these values may vary http://www.town.barnstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing... 4/14/2004 IBarnstable Assessing Search Results Page 2 of 2 Land and Building Information Land Building Lot Size(Acres) 0.24 Year Built 1970 Appraised Value $ 128,700 Living Area 1580 Assessed Value $ 128,700 Replacement Cost$ 127,400 Depreciation 16 Building Value 107,000 Construction Details Style Ranch Interior Floors Hardwood Model Residential Interior Walls Drywall Grade Average Heat Fuel Gas Stories 1 Story Heat Type Hot Water Exterior Walls Wood Shingle AC Type None Roof Structure Gable/Hip Bedrooms 3 Bedrooms Roof Cover Asph/F GIs/Cmp Bathrooms 1 1/2 Bathrms Total Rooms 6 Rooms Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL1 Fireplace 2 $5,000 $5,000 SHED Shed 64 $500 $500 Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area (Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area(Unfinished) FAT Attic Area (Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/tob02/Depts/Administrative Services/Finance/Assessing... 4/14/2004 II n 14•14 pAu U8 *1 �' R N 0 W A L L MR V B T T !L S E P ! E S E M T S p8 that WE. L. ROBEIT ROLDE, of Newton, Middlesoz Canty, Massachusetts, and PRAM • �� L. ELKIN, formerly of Wellesley, Norfolk Canty. Massachusetts, and sou of that • � part of Barnstable called Ost*rville, Barnstable Caut7, Massachusetts, -Aof ROLKIN REALTY TRUST, under a written Declaration of Trust dated Jsnuary 30. 1959, and recorded is Barnstable County Registry of Deeds in look 11289 Tags 72 ' f— eousideration paid, graet to PLofD J. SILVIA, of Craigville Mach load, in i u "� that part of said Barnstable called West Eyamisport. with QUITCLAIM COVENANTS: ;1 A certain parcel of and containing 10,500 square feet. situated on the sort - • westerly side o[ Elaine Road, in that part of Barnstable called West Eysnnis T • do Barnstable COMM Massachusetts, being Lot 32 as shorn on o Plan satitProperty f rt of "'Craig-Poet' A Residential Subdivision to West Hyannis, Mass. props y w Rolkin Realty Trust. (Prank L. Elkin, Trustee)", dated September, 1961, E.D. Kellogg, Eng'r., which plan is recorded in Barnstable County Registry of Deeds in Plan Book 165, Page 41, and bounded and described, according to said plan, as follows:- I SoVnW STERLT - by said Elaise load, 105.00 test; NORTIMASTERLT - by Lot 30, 100.00 feet; NORTNIESTElLT - in part by Lot 31 and in part by Lot 33, 105.00 feet; and SOVrMSTERLT - by Lot 34, 100.00 feet. Thar* to conveyed herewith as appnrtsnsnt to said Lot 32 a right of way over Elaine Road and Carlotta Avenue, as sham on said plan, between said lot amd Old Craigvtlle Road, sa14 right of way to be used tar all purposes for which public rays are now or say hereafter be commonly used is said Baru table, said right of ray to be used in common with others legally entitled thereto. Ming a portion of the prsigiges conveyed to us by Myron Perry at als by do" dated August 29. 1961, and recorded in said Barnstable Deeds, Book 1123, Page 75. WITNESS our hands and goals this 27rd day of July, 1969. Trust" as aforesaid. ;i.. Trust** a* a regaid. r: TM CmWMOMTH OF MASSACHUSETTS USISTABLE. SS. JOLT.r.r, 1%9 Than personally appeared the above-aam*d PRANK L. ELKIN, end acknowledged the foregoiag instrument to be his free act and deed as Trustee of ROLKIN REAL TV TRUST. before ad w j / i M dry Public MM MP commission expires: � JUL 2s1A I boos1*i a U4 14236 I, FLOYD J. SILVIA, of 32 Elaine Road, Hyannis, Barnstable County, Massachusetts,being unmarried, for consideration of Twenty- 'Eight thousand =911=19XIM and No/100 Dollars ($28,000.o0) paid, grant to GIRARD A. GAOUETTE and CAROL A. GAOUETTE, husband and wife as Tenants by the Entirety, of 32 Elaine Road, Hyannis, Barnstable 1 County, Massachusetts, with QUITCLAIM COVENANTS, a certain parcel of land containing 10,500 square feet, situated on the northwesterl i side of Elaine Road, in that part of Barnstable called West Hyannis port, Barnstable County, Massachusetts, being LOT 32 as shown on a Ian entitled, "Craig=port' A Residential Subdivision in West yannis, Mass. Property of Rolkin Realty Trust. (Frank L. Elkin rustee)", dated September, 1961, E.D. Kellogg, Eng'r., which plan is recorded in Barnstable County Registry of Deeds in Plan Book 165 age 41, and bounded and described, according to said plan, as fol- ows:- SOUTHEASTERLY - by said Elaine Road, 105-00 feet; NORTHEASTERLY - by Lot 30, 100.00 feet; NORTHWESTERLY - in part by Lot 31•and in part by Lot 33, 105.0 feet; and Iwn �II,� � SOUTHWESTERLY - byLot34, 100.00 feet. There is conveyed herewith as a urtenan t toT ight of way over Elaine Road and Carlotta Avenue,sasdshown3on, I VLot aid plan, between said lot and Old Craigville Road, said right of III ay to be used for all purposes for which public ways are now or ma i IN ereafter be commonly used in said Barnstable, said right of,way to i p e used in common with others legally entitled thereto. nll For my title, reference may be had to a deed dated July 23, 3� 969 to me from L. Robert Rolde and Frank L. Elkin, Trustees of olkin Realty Trust duly recorded in the Barnstable County Registry i O W f Deeds in Book 1444, Page 318. v WITNESS my hand and seal this /O I day of August, 1970. oy vaoa COMMONWEALTH OF MASSACHUSE "J . i T3' - --.'��>,� ARNSTABLE, SS: :.., Ugug r� ' =`e�W T. ,1970 Then personally appeared the above-named *z -T ! cknowledged the foregoing inst nt to be his '? and I efore me dt'.0U.deed WILSON•WILSON •��0'(�'� ' AND REARDON A"ONN[Y!AT LAW - ar u is ` AN MAIN STN­ NYANNIt. MA!!. Commission expi es: RECO AM: Z 191C AMU MU i i Barnstable Assessing Search Results Page 1 of 2 F w*!` F tiros J w` 07 1 1i F#ii .1'tl I.c( `1 i f,.� 4 r K:f�i�C.y 'ls• _ v Pr' -, _Y..-..,..-rr"Ll Home: Departments:Assessors Division: Property Assessment Search Results 11*,"9-:AlV 49 LILLIAN DRIVE PM, Owner: BELMONTE,ALBERT J JR&ALLISON Oroperty Sketch Legend Map/Parcel/Parcel Extension NO Sketch is available for this pal 248 /200/ Mailing Address BELMONTE,ALBERT J JR&ALLISON J 9702 DALEWOOD DR AUSTIN,TX. 78729 2004 Assessed Values: Appraised Value Assessed Value Building Value: $0 $0 Extra Features: $0 $0 Outbuildings: $0 $0 Land Value: $ 13,100 $ 13,100. Interactive Property Map: ap requires Plug in: -1 i�ltti4 Totals:$ 13,100 $ 13,100 1 have visited the maps before �� Fir: Show Me The Map _-" n? _. April 2001 photos available Sales History: Owner: Sale Date Book/Page: Sale Price: BELMONTE,ALBERT J JR&ALLISON J 1/31/2001 13529/127 $24,000 FRUCCI, KATHERINE M ET ALS 12/15/198f� 5483/226 $ 1 CAPE,COD BLDG SUP 1434/650 $0 2004 Tax information: Tax Rates: (per$1,000 of valuation) Town Tax $86.59 Town Fire District Rates Other Rates 6.61 Barnstable 2.01 Land Bank 3%of Town Tax Hyannis FD Tax $26.59 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $2.60 Hyannis 2.03 West Barnstable 1.36 Total: $ 115.78 Due to rounding differences these values may vary Land and Building Information http://www.town.bamstable.ma.us/tob02/Depts/Administrative Services/Finance/Assessing... 4/14/2004 I Barnstable Assessing Search Results Page 2 of 2 Land Building Lot Size(Acres) 0.27 Year Built 0 Appraised Value $ 13,100 Living Area 0 Assessed Value $ 13,100 Replacement Cost$0 Depreciation 0 Building Value 0 Construction Details Style Vacant Land Interior Floors Model Vacant Interior Walls Grade Heat Fuel Stories Heat Type Exterior Walls AC Type Roof Structure Bedrooms Roof Cover Bathrooms Total Rooms Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area(Unfinished) FAT Attic Area (Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.barnstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing... 4/14/2004 f - 07073 K N O W A L L M'E N B Y T H E S E P R E S E N T Sy; that WE, L, .ROBERT HOLDS, of Newtoin, Middlesex County, Massachusetts, and FRANK i L, ELKIN, formerly of Wellesley, Norfolk County, Massachusetta, and now of that pert of Barnstable called Osterville, Barnstable County, Massachusetto,,,TRUSTEE of ROLKIN REALTY.TRUST, under a written Declaration of Trust dated January 30. 1959, and recorded in Barnstable County Registry of Deeds in Book 1128, Page 72, I for consideration paid, grant to CAPE COD BUILDING SUPPLIES, INC,, a corpora- tion duly organized under the laws of the Commonwealth of Massachusetts and w o having its usual place of business at 232 East Main Street, Yarmouth (West), Barnstable County, Massachusetts, with QUITCLAIM COVENANTS: y Twelve (12) certain lots of land situated in that pant of Barnstable ellad West Hyannis, Barnstable County, Massachusetts, being,Late 27 34 5 37 38 40 42 45 82 83 84 and 85, as shown on a plan entitled, " g- Port A.Residentiel'Subdivieion in West Hyannis, Mess, Property of Rolkin j Realty Trust. (Frank L. Elkin, Trustee)", dated September, 1961s E. D. Kellog , Eng'r., which plan is recorded with Barnstable County Registry of Deeds in Plan Book 165, Page 41. There is conveyed herewith as appurtenant to each of said lots a right of I " way over all of the roads, drives, lane and avenues, as shown on said plan, said right of way to be used for all purposes for which public ways are now ` or may hereafter be used in said Barnstable, said right of way to be used in common with the Grantors and others legally entitled thereto. i And there is also conveyed herewith as appurtenant to each of said lots the right to lay, repair, maintain and replace in Carlotta Avenue, Lillian Drive and Elaine Road, as shown on said plan, and in Linda Lane between said Carlotta Avenue and Strawberry Hill Road, as shown on said plan, water ,pipes, sewer pipes, conduits for the transmission of electricity, intel- ligence and fuel, together with the right to place and maintain upon said Carlotta Avenue, Lillian Drive and Blaine Road, and upon said Linda Lane between said Carlotta Avenue and Strawberry Hill Road, poles or structures for the installation of electric or telephone wires; and also the right to I surface said Carlotta Avenue, Lillian Drive and Elaine Road, and said Linda Lane between said Carlotta Avenue and Strawberry Hill Road with a hard-top finish. I And the Grantors reserve, for the benefit of their remaining land shown on said plan, the right to connect with and use any such pipes, wires, con- duits, poles or structures as may hereafter be installed by the Grantee and its successors in title of record, in or upon said Carlotta Avenue, Lillian Drive and Elaine Road, and said Linda Lane between said Carlotta Avenue and Strawberry Hill Road, in common with others legally entitled thereto. This conveyance is also made sub,ject�to a taking by the Town of Barnatable for the Layout of said Strawberry Hill Road by instrument of taking dated May 5, 1967, and recorded in said Barnstable Deeds, Book 1362, Page 287 e+ , 3 as_..........................._.................._................_-...-------- .............................._...... _. ._..�Ip CAW.JiM A, f 1 aeFs�1raY'e r .,.... .. k ».."....... ».... ... ....................................... ............................................ ' V 3 i 1 Being a portion of the premises conveyed by deed of Myron Perry at ale to I the Crantors, dated August 29, 1961, and recorded in said Barnstable Deeds, Book 1128, Page 75. I 1 WITNESS our hands and seals this llth day of April, 196 ' Trustee as aForaeaid: /, Trusteeee a esaid. 1 1 I C� STATE OF FLORIDA q. :. \^ I PjNLL1.AS,SS, APRIL /z4 1969 Then personally appeared the above-named L. ROBERT ROLDE and acknowledged ..' Mil` .. the foregoing instrument to be his free act and deed as Trustee og,d40LR%lP LTY TRUST; before pkY,Yub)l- My commission expi tdl'iW owl HAN 9 11 W I'a9w":VAN 9 +f, ! SOMA fdA7JtA.E` V-W%f•"qm rMM wr stse►s lAi4. �{ I ,i aaaoaa rs,ergo•osf�.$'.,.�;�i'.- COMMONWEALTH OF MASSACHUSETTS - I BARNSTABLE, SS, APRIL,c? 196 I Then personally appeared the above-named FRANK L. ELRIN, and acknowledged i ithe foregoing instrument to be his free act and deed as Trustee of ROLKIN REALTY - TRUST, before me I �L f UJ�KI hY97 Notary'Public 4 My tcpdieeion expires: 4��•�ti3 l'�uli 6�fA I { 'APR 251969 rjm B054SUGF .226. 3S��a • QUITCLAIM DEED 941189 A-- Cape Cod Building Supplies,Inc.,a Massachusetts Corporation,duly organized by law,with a usual place of business at 63 Warehouse Road, Hyannis,Town and County of Barnstable,Commonwealth of Massachusetts, in consideration of One Dollar($1.00)paid,grants to Katherine M.Frucci, of 147 Pleasant Street,South Yarmouth(Bass River), Massachusetts;Joan M. Millane, of Snipsic Lake Road, Ellington,Connecticut; Maureen M.O'Donnell, of 1417 Cando Place,Jacksonville,North Carolina;Barbara M. Doherty of 36 Miriah Drive, Yarmouthport, Massachusetts;Sharon M.Frisby,of 56 Cobblestone Road, Barnstable, Massachusetts;John G.Doherty,Jr., of 211 Pleasan:Street,South Yarmouth(Bass River), Massachusetts;Sheila M. Doherty of 211 Pleasant Street,South Yarmouth(Bass River), Massachusetts; and Mary A. Doherty,of 211 Pleasant Street,South Yarmouth(Bass River), Massachusetts,as Tenants in Common, with QUITCLAIM COVENANTS, the land in Barnstable West Hyannis,Town and County of Barnstable, Commonwealth of Massachusetts, being more particularly shown and described as LOT 35 and LOT 40 on a Plan of Land entitled"Craig Port a Residential Subdivision in West Hyannis, Mass. property of Rolkin Realty Trust.(Frank L. Elkin(Trustee) September 1961 Ed Kellogg- Engr.-Osterville",duly recorded in the Barnstable County Registry of Deeds in Plan Book 165, Page 41. For title reference see Deed recorded at the Barnstable County Registry of Deeds in Book 1H3Y , Page &SO . IN WITNESS WHEREOF,the said Cape Cod Building Supplies,Inc., a Masschusetts Corporation, causes its corporate seal to be hereto affixed and there presents to be signed,acknowledged and delivered in its name and behalf by John G. Doherty,its President and Treasurer,this d day of December,1996. Cap od Build 3uu lies,Inc., / By hn G. Doherty, President rer COMMONWEALTH OF MASSACHUSETTS Barnstable,ss: December J_q i4 ,1986 Then personally appeared before me,the above-named John G.Doherty, President and Treasurer of Cape Cod Building Supplies,Inc.,and acknowledged the foregoing instrument to be the free act and deed of Cape Cod Building Supplies,Inc.. Notary Public My Commission Expires: le / LAW oFFI�s . REARDON.THOMASr. BAILEY,P.C. CORNEA OF DEARSE'S WAY AND BASSETT LANE POST OFFICE BOIL 910 HYANNIS.MASS.02W1 IS,n 111-4t✓ia . 2?a rn IREOR!'i�DEC 29 86 Barnstable Assessing Search Results Page 1 of 2 � a I C4 tI �_�„ t C 6!.i.'{� .s:;,aq,:..,e.=,...+...+w-..-.w Pam. ��t✓ �� G-C,f'` �-,�.,..� a_.-...`v�'', Home:Departments Assessors Division: Property Assessment Search Results 59 LILLIAN DRIVL �►ii�RL '.o s Owner. WILSON,JUNE F Property Sketch Legend Map/Parcel/Parcel Extension 248 /197/ 4 okD Mailing Address WILSON,JUNE F %SKALA, MARK A. 40 FINGER LANE ..., 2 "AAS OSTERVILLE, MA.02655 ,BKI 2004 Assessed Values: ,2., Appraised Value Assessed Value Building Value: $ 118,600 $ 118,600 Extra Features: $0 $0 Outbuildings: $0 $0 Land Value: $ 116,900 $ 116,900 Interactive Property Map: ap requires Plug in: 7 "For Totals:$235,500 $235,500 1 have visited the maps before t Show Me The Map x April 2001 photos available -- Sales History: Owner: Sale Date Book/Page: Sale Price: Y CAPE COD BLDG SUPLIES INC 1397/616 $0 SKALA, MARK A. 6/2/2003 17016/218 $277,000 WILSON,JUNE F 9/13/2000 13236/065 $ 189,000 DAVENPORT,JOHN C 1/27/2000 12802/085 $54,000 2004 Tax Information: Tax Rates: (per$1,000 of valuation) Town Tax $ 1,556.66 Town Fire District Rates Other Rates 6.61 Barnstable 2.01 Land Bank 3%of Town Tax Hyannis FD Tax $478.07 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $46.70 Hyannis 2.03 West Barnstable 1.36 http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing... 4/14/2004 Barnstable Assessing Search Results Page 2 of 2 Total: $2,081.43 Due to rounding differences these values may vary Land and Building Information Land Building Lot Size(Acres) 0.26 Year Built 2000 Appraised Value $ 116,900 Living Area 1176 Assessed Value $ 116,900 Replacement Cost $ 118,558 Depreciation 0 Building Value 118,600 Construction Details Style Ranch Interior Floors Hardwood Model Residential Interior Walls Drywall Grade Average Heat Fuel Gas Stories 1 Story Heat Type Hot Air Exterior Walls Wood ShingleClapboard AC Type Central Roof Structure Gable/Hip Bedrooms 2 Bedrooms Roof Cover Asph/F GIs/Cmp Bathrooms 2 Bathrooms Total Rooms 4 Rooms Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area (Unfinished) FAT Attic Area (Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing... 4/14/2004 Va i ymkiJJ( PIG 61to i KNOW A LL MEN BY THE S E PRE S ENT8 �` �)7'A i that WE, L. ROBERT ROLDE, of Newton, Middlesex County, Massachusetts, and FRANK L. ELKIN, formerly of Wellesley, Norfolk County, Massachusetts, and now of that j i !i part of Barnstable called Ostervills, Barnstable County, Massachusetts, TRUSTEES o£ ROLKIN REALTY TRUST, under a written Declaration of Trust dated January 30, 1959, and recorded in Barnstable County hegistry of Deeds in Book 1128, Page 72, R for consideration paid, grant to CAPE COD BUILDING SUPPLIES. INC., a corpora- tion duly organized under the laws of the Commonwealth of Massachusetts and i having its usual place of business at 232 East Main Street,`Yarmouth (West), Barnstable County, Massachusetts, with QUITCLAIM COVENANTS: a i! Ten (10) certain lots of land situated in that part of Barnstable called West Hyannis, Barnstable County, Massachusetts, being Lots 15 16 17 18, 29 31 3 39, 41 and 81 as shown on a plan entitled " Craig-Port A Resident al Subdivision in West Hyannis, Mass. Property of Rolkin Realty j Trust. (Frank L. Elkin, Trustee)", dated September, 1961, E. D. Kellogg, 4 gag'r., which plan is recorded with Barnstable County Registry of Deeds, in Plan Book 165, Page 41. Ii There is conveyed herewith as appurtenant to each of said lots a right of way over all of the roads, drives, lanes and avenues, as shown on said i plan, said right of way to be used for all purposes for which public ways are now or may hereafter be used in said Barnstable, said right of way to be used in common with the Grantors and others legally entitled thereto. ii And there is also conveyed herewith as appurtenant to each of said lots the right to lay, repair, maintain and replace in Carlotta Avenue, �. Lillian Drive and Elaine Road, as shown on said plan, and in Linda Lane between said Carlotta Avenue and Strawberry Hill Road, as shown on said I' plan, water pipes, sewer pipes, conduits for the transmission of electric- ity, intelligence and fuel, together with the right to place and maintain ci upon said Carlotta Avenue, Lillian Drive and Elaine Road, and upon ad Linda Lane between said Carlotta Avenue and Strawberry Hill Road poles i; Y r or structures for the installation of electric or telephone wires; and j also the right to surface said Carlotta Avenue, Lillian Drive and Elaine Road, and said Linda Lane between said Carlotta Avenue and Strawberry Hill Road with a hard-top finish. it And the Grantors reserve, for the benefit of their remaining land shown on said plan, the right to connect with and use any such pipes, wires, II conduits, poles or structures as may hereafter be installed by the Grantee and its successors in title of record, in or upon said Carlotta Avenue, Lillian Drive and Elaias Road, and said Linda Lana between said Carlotta Avenue and Strawberry Hill Road, in common with others legally entitled thereto. ii This conveyance is also made subject to a taking by the Town of Barnstable �I for the layout of said Strawberry Hill Road by instrument of taking dated May 5, 1967, and recorded in said Barnstable Deeds, Book 1362, Page 287. �I i I i Being a portion of the premises conveyed by deed of Myron Perry at ale to the Grantors, dated August 29, 1961, and recorded in said Barnstable Dead*, Book 1128, Page 75. b WLTNESS our hands and seals :his I(; tT day of April, 1968. Tr see a aforesaid Trustee as aforesaid I 1 iI THE COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, SS. DUXBURY, April, 1968 Then personally appeared the above-named L. ROBERT ROLDE and FRANK L. ELKI TRUSTEES as aforesaid, and acknowledged the foregoing instrument to be their free sets and (leads as Trustees of ROLKIN REALTY TRUST, before me Ii Ellin n L. Leona may,.� .� 6 ! My commission expires: Vvibat, s/1� 9. / tit n it 8634317 F4 ti.l'/ WIN APR 161968 IVIO is • W1 12602 PGOE� 400 01 -27-2000 a 02 = 22 QUITCLAIM DEED 9Ae;l �. I,John Doherty,Jr.,President and Treasurer of Cape Cod Building Supplies,Inc.,a corporation duly organized under the laws of the Commonwealth of Massachusetts and having its usual place of business at 232 East Main Street, Yarmouth (West), Barnstable County, Massachusetts, for consideration paid,and in full consideration of Fifty Four Thousand and NO/100 ($54,000.00) Dollars, grant to John C. Davenport, 20 North Main Street, South Yarmouth,Massachusetts 02664, with quitclaim covenants the land situated in that part of Barnstable called West Hyannis,Barnstable County, Massachusetts, being Lots 33, 38 and 42, as shown on a plan entitled, "'Craig-Port" A Residential Subdivision in West Hyannis,Mass. Property of Rolkin Realty Trust, (Frank L. Elkin, Trustee)", dated September, 1961,E. D. Kellogg,Eng'r.,which plan is recorded with the Barnstable County Registry of Deeds in Plan Book 165,Page 41. There is conveyed herewith as appurtenant to each of said lots a right of way over all of the roads,drives, lanes and avenues, as shown on said plan, said right of way to be • used for all purposes for which public ways are now or may hereafter be used in said Barnstable, said right of way to be used in common with the Grantors and others legally entitled thereto. And there is also conveyed herewith as appurtenant to each of said lots the right to lay, repair, maintain and replace in Carlotta Avenue, Lillian Drive and Elaine Road, as shown on said plan, and is Linda Lane between said Carlotta Avenue and Strawberry Hill Road, as shown on said plan,water pipes, sewer pipes, conduits for the transmission of electricity, intelligence and fuel,together with the right to place and maintain upon said Carlotta Avenue,Lillian Drive and Elaine Road, and upon said Linda Lane between said Carlotta Avenue and Strawberry Hill Road, poles or structures, for the installation of electric or telephone wires;and also the right to surface said Carlotta Avenue,Lillian Drive and Elaine Road, and said Linda Lane between said Carlotta Avenue and Strawberry Hill Road with a hard-top finish. And the Grantors reserve, for the benefit of their remaining land shown on said plan, the right to connect with and use any such pipes, wires, conduits, poles or structures as may hereafter be installed by the Grantee and its successors in title of record, in or upon said Carlotta Avenue, Lillian Drive and Elaine Road, and said Linda Lane between said Carlotta Avenue and Strawberry Hill Road, in common with others legally entitled thereto. This conveyance is also made subject to a taking by the Town of Barnstable for the layout of said Strawberry Hill Road by instrument of taking dated May 3, 1967, and recorded in said Barnstable Deeds,Book 1362, Page 287. This conveyance does not convey all or substantially all of the assets of Cape Cod Building Supplies, Inc. For title, see Deed dated April 25, 1969, recorded in Barnstable County Registry of Deeds, Book 1434,Page 650 . Witness my hand and seal this.A Mday of /e.��� , 24 0. John Doherty,Jr. President and Treasurer Cape Cod Building Supplies, Inc. COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. , 2000 Then personally appeared the above named John Doherty Jr.,President and Treasurer of Cape Cod Building Supplies, Inc. and acknow dged a fo ego' g instrument to be his free act and deed before me. Notary ubli �Pl +ci My com is on xpires:y --------------------- BARNSTABLE COUNTY REGISTRY OF DEEDS XQ5E TAX Ca L ia;h F� f2E i? EEDS Ei . �AF�NS DATE 01.2?.'00 THU 01/2?/00 2121PM 01 000000 Imi TAX $123.12 TOTAL $123.12 FEE $184.68 CASH $123.12 CASH *�iS4_6e CLERK 1 NO.006549 TIME 14:18 1111 3ARN8TABLE REGISTRY OF DEEDS f s °Ft► , Town of Barnstable Regulatory Services 8AR AS& Thomas F.Geiler,Director Building Division Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 December 18,2000 Attorney Paul C.Wightman P O Box 1048 Barnstable,MA 02630 Re: 9 Elaine Road,Hyannis,MA 49 Lillian Drive,Hyannis,MA Dear Attorney Wightman: First,let me apologize for the Town if the confusion created by various interpretations of the zoning ordinances has caused your client any delays or inconveniences. As you will agree,it is not the function of this office to render opinions on buildability prior to an application for a building permit. However,in view of the confusing scenarios on file,I am prepared to say that if the description and ownership of the lots are as you have outlined in your letter(specifically paragraph 6)then sections 4.4.2(2)would be applicable and,if documents submitted at the time of application for a building permit confirmed your assertion,than a permit under zoning could be issued. I hope this addresses your concerns. Respectfully yours, Elbert C.Ulshoe fer,J . Building Commissioner /km g001218a CASE & RAPP, LLP Attorneys and Counsellorls at Law 1645 Falmouth Rd., Suite 1E Centerville,MA 02632 Tel. 508.771.3400 Fax 508.778.1700 E-mail: caserappAcapecod.net Website: www.caserapp.com June 7, 2000 Mr. Ralph Crossen Building Department Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: 34 Lillian Drive Dear Mr. Crossen: Pursuant to a conversation with your office today, enclosed please find the third packet of all the deeds relative to and surrounding the above-referenced property. If you should have any questions or require any further information,please do not hesitate to contact me. I remain, Very t , Stuart Vv. Rapp SWR:sjr Encs. y i i, rLOYD J. STLVIA 14236 • .of 32 Elaine Road, Nyaenis, Barnstable County, Massachusetts,being unmarried, 'IL0% thousand for Consideration of Twenty. i Iand No/100 Dollars (8289000.00) paid, grant to GUARD A. GAOUEITE and CAROL A. GAOUETTE, husband and wife i as Tenants by the Entirety, of, 32 Elaine Road Hy County, annis, Barnstable -Massachusetts, with UITCt Q MAIM. COVE.4MTS, a certain parcel i ' of land containing 10,500 s j 4uarn feet, situated on the northwesterl _Side of Elaine Road, in that part of Barnstable called West Hyannis f - j port, Barnstable County, Massachusetts, being 'LOT 32 as shown on,& lan entitled, "Craig-port' A Residential Subdivision in West yannis, Hass. Property of Rolkin Realty Trust. (Frank L. Elkin - rustee)",. dated September, 1961, E.D. Kellogg,- Eng'r.,. which.plan is recorded in Barnstable County Registry of Deeds in Plan Book 165 age 419 and bounded and described, according to said plan, as fol- -- - --- - --- -- ------ OWs:-_----- . SOUTHEASTERLY - by said Elaine Road, 105.00 feet; NORTHEASTERLY - by Lot 30, 100.00 feet; NORTHWESTERLY - in part by Lot 31 and in part by Lot 33 feet; and , 105.0 SOUTHWESTERLY - by Lot 34, 100.00 feet. W �,. There is conveyed herewith as appurtenant to said Lot 32 a ight of way over Elaine Road and Carlotta Avenue, as shown on aid plan, between said lot and Old Craigville Road, said right.of fit ay to be used for all purposes for Which t y. I� n!:�I erea,ter be commonly used in said Barnstable,isaid yright of way tp oL e used in common with others legally entitled thereto. For my title, reference may be had to a deed dated July 23, 1 969 to me from L. Robert Rolde and Frank L. Elkin, Trustees zw 11 I olkin Realty Trust duly recorded in the Barnstable. CountReof ' f Deeds in Book 1444, Page 318. Y gistry ' !� v� G,r'z WITNESS my hand and seal this /O t/f day of August, 197 , wIl 1►0 0. ]tais:.rrs OY v „ COMMONWEALTH OF "ILV ~MASSACIIUSETTfS J ARNSTABLE, SS: �b�`�'i .��'•. 4 Then '.�:r�1000SI �-,1970 per appeared the above-named r Cknowledged the foregoing inst nt to be his J� � ��and `! efore as �.°� deed, AND UAW" 0 0""M a LM ar y� LL lc ' ----------_� COm0118810n- ex ,�— --------D� es:- 1 - gl AWf 1 z 197C rcuio,� I : ., L J_ �3 t - BK 12602 P'I;OOS 5400 01--27-2000 e 02 e 22 QUITCLAIM DEED I,John Doherty,Jr.,President and Treasurer of Cape Cod Building Supplies,Inc.,a corporation duly organized under the laws of the Commonwealth of Massachusetts and having its usual place of business at 232 East Main Street, Yarmouth (West), Barnstable.County,Massachusetts, for consideration paid,and in full consideration of Fifty Four Thousand and NO/100 ($54,000.00) Dollars, grant to John C. Davenport,20 North Main Street, South Yarmouth,Massachusetts 02664. with quitclaim covenants the land situated in that part of Barnstable called West Hyannis,Barnstable County, Massachusetts, being Lots 33, 38 and 42, as'shown on a plan entitled,"'Craig-Port"A Residential Subdivision in West Hyannis,Mass.Property of Rolkin Realty Trust, (Frank L.Elkin,Trustee)",dated September, 1961,E. D. Kellogg,Eng'r.,which plan is recorded with the Barnstable County Registry of Deeds in Plan Book 165,Page 41. There is conveyed herewith as appurtenant to each of said lots a right of way over all of the roads,drives, lanes and avenues,as shown on said plan, said right of way to be used for all purposes for which public ways are now or may hereafter be used in said Barnstable, said right of way to be used in common with the Grantors and others legally entitled thereto. r And there is also conveyed herewith as appurtenant to each of said lots the right to ..� lay,repair,maintain and replace in Carlotta Avenue,Lillian Drive and Elaine Road, as shown on said plan, and is Linda Lane between said Carlotta Avenue and Strawberry Hill Road, as shown on said plan,water pipes, sewer pipes, conduits for the p transmission of electricity,intelligence and fuel,together with the right to place and maintain upon said Carlotta Avenue,Lillian Drive and Elaine Road, and upon said Linda Lane between said Carlotta Avenue and Strawberry Hill Road,poles or structures, for the installation of electric or telephone wires;and also the right to surface said Carlotta Avenue,Lillian Drive and Elaine Road,and said Linda Lane between said Carlotta Avenue and Strawberry Hill Road with a hard-top finish. And the Grantors reserve,for the benefit of their remaining land shown on said plan, the right to connect with and use any such pipes,wires,conduits,poles or structures as may hereafter be installed by the Grantee and its successors in title of record,in or upon said Carlotta Avenue, Lillian Drive and Elaine Road, and said Linda Lane between said Carlotta Avenue and Strawberry Hill Road,in common with others legally entitled thereto. This conveyance is also made subject to a taking by the Town of Barnstable for the layout of said Strawberry Hill Road by instrument of taking dated May 3, 1967, and. recorded in said Barnstable Deeds,Book 1362,Page 287. Bk� 1 �C1 PG086 S480 This conveyance does not convey all or substantially all of the assets of Cape Cod Building Supplies,Inc. For title, see Deed dated April 25, 1969, recorded in Barnstable County Registry of Deeds, Book 1434,Page 650 . Witness my hand and seal this day of e.0 ..A�, 20 0. John Doherty,Jr. President and Treasurer V' Cape Cod Building Supplies, Inc. COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. , 2000 Then personally appeared the above named John Doherty Jr.,President and Treasurer of Cape Cod Building Supplies, Inc. and acknow dged a fo ego' g instrument to be his free act and deed before me. Notary qubli My commis on xpires:glzloy --------------------- ` // BARNSTABLE COUNTY REGISTRY OF DEEDS TAX �JMKIUR D� FZEr.'��n EEDS L �! EtAF2MS DATE 01.27.'00 TNII 01iz7i00 2121pn 01 000000 IM1 TAX $123.12 TOTAL $123.12 FEE $184.68 CASH $123.12 CPM *184.be CLERK 1 NO.006549 TIME 14:18 1111 9q q���STTge� 9ARNSTABLE REGISTRY OF DEEDS yq�Fos�- a r'...�,6 39 - Bo5483i.a 227 QUITCLAIM DEED 94490 y` CAPE COD BUILDING SUPPLIES, INC., a Massachusetts Corporation, a duly organized by law, with a usual place of business at 63 Warehouse Road, Hyannis, Town and County of Barnstable, Commonwealth of Massachusetts, in consideration of One Dollar($I.00)paid,grants to John G. Doherty and Katherine A. Doherty,Trustees of THE DOHERTY REALTY TRUST, under ,written Declaration of Trust recorded at the Barnstable County Registry r`. of Deeds in Book 4167, Page 154,both of Pleasant Street, South Yarmouth a: (Bass River), Barnstable County,Commonwealth of Massachusetts, with QUITCLAIM COVENANTS, the land In Barnstable(West Hyannis),Town i and County of Barnstable.Commonwealth of Massachusetts, being more particularly shown and described as LOT 34 on a Plan of Land entitled "Craig Port a Residential Subdivision in West Hyannis, Mass. property of Rolkin Realty Trusc.(Frank L. Elkin(Trustee) September 1961 Ed Kellogg - Engr. -Oscerville", duly recorded in the Barnstable County Registry I of Deeds in Plan Bock 165, Page 41. For title reference see Deed recorded at the BarnstabL-County I Registry of Deeds in Book (,{ty , Page u.Sc IN WITNESS WHEREOF.,the said Cape Cod Building Supplies,Inc., a Masschuserts Corporation,causes its corporate seal to be hereto affixed and there presents to be signed,acknowledged and delivered In Its name and behalf by John G. Doherty, its President and Treasurer,this L94 day of December,1986. CAPE COD BU1 NG S PPLIES,lb.-- 8 t / ohn , Doherty, President 6 Trews r r•' COMMONWEALTkI OF MASSACHUSETTS d Barnstable,ss: (� December j.,q 1986' 1 S Then personally appeared before me,the above-named John G. Doherty, President and Treasurer of Cape Cod Building Supplies,Inc.,and acknowledged f5 the foregoing Instrument to be the free act and deed of Cape Cod Building Supplies,Inc.. Notary Public My Commission Expires: LAw O/�KCS '�l.Al1OON.T„WAS E. - aAAPV,P C_ . TS7CQA O►BCARX S WAV . AWMAZUTT LAIC VOLT ep"M Box on ^NYAMAS MASS ono, .,r�,... Bash t. RtLu liUtO DEC 29 86 1 BARNSTABLE COUNTY REGISTRY OF DEEDS A TRUE COPY,ATTEST JQHN F,M€ADE- Rt AI@T pl 09/22/1999 16:11 508775 WYNN HYANNIS PAGE 14 At,:, r . -� ' aft.�• Q�� .. ... j, CaiM Qe/MmeM MN�1aa.a Mawtteheeeea Cale/EMI es.at of beablMs at sJ wagabows eegailaad by Mw.wteA a plies r missals.Two and County of 11114m abts.Comamween at MssMcMstels► ..,.`. is c osddwatioa•of Obe DalYr of 147 Plesaest Street.South Yarmeaek(Bsw Rhsrl R .Naale�lesstss Jess M.Molina.of Ssipsk Lae Roes.8111ngtoa.Cossectit:ep users" . of t417 COMO Mace,Jacksonville,Nona Cww"I BalDlti M.OoheK► of 36 Hirt"Drive.Yermoathporc,massecausens;none,itclrMly.of $4 Cobblestose Road,Sarsatsble.MssmhuesttatJobn G.Dsherty.Jr.. of 211 Vtaaaaac Street.Sousa Yarmvucn tBars Ricers,ltanacbawctsr s IN.'Doherty-of 211 Measanc Street.South Yars►outh(am River).xasaicbusataa and.Nary,A.Doherty.of 211 P1e42ant Street.South yarmouch(Bass ltiveth 40w.. Mawcbusstca.at Tenants in Commas.with QUITCLAIM COYBNANTS, MILL I ACM land is Barnstable west Myannis,TOwa sad County Of Barnstable, Commonwealth of Menschuescts,being more particalatly shows and daedbM s 1LOT!f�`4*0 Plan of Land eatitled-Craig Port a Residential v os iii Vest Hyannis,Mass.propert►of Rome Realty Tfust.(Praak i *e' L.Etlin(Ttoateel September 190 Pis Kellogg-13ngr.-Oscerrills".duly E „ recorded.a the Batne Cc--Icy Cc- cy ks;,:acry of atzds:2 M¢a Bock ieS. lags 41. 1 For flits reference a+e Deed recorded at the Barestabie C9w1y RogInly of Dsaa in Book,14f 344 ,lags "e IN 11"THSSS WHl gar,the aid Cage Cod Beildlag SappHa,inn.. , a Masschusetcc Corporation.causes its corporate seal to be bento Wised i. and tMte presents to be signed.acknowledges and daliwted b its same d behalf by lobs G.Doherty.its President and Treaeenr, �'(�. t an a Doherty,president 41-7110M CONMONMBALTM OF MAUACMUSBTTS f Bsnustsbls.ss: December 1014 .1046 ` T%ea patsonally appeared before met the abovrsamed John G.Dobam. rtesidsot and Treasurer of Caps Cod Buiidisg$upplies.Inc..had 9026wiods" i the foregoing Instrument to be the free act and 4eed of Cape Cod BuUdby i Supplies.lac.. r Notary Public ! my commNaion gaptres: 1. WIN� M } na•.00.r,w,s• rasr.�G AM*^SW— an, a" �er» �� • i i ' - - s0M2106 nu 256 . _ , 23502 -- >� fi husband and Me, A. BYRON COFFIN, JR. and ISABEL A. COFFIN, , both wife, as tenants by the anand, Florida 235 Andros, Herritt Island, X**A;XMXM,for the full 000u.lanlion of 121.000.00 Pv } tto KIMYON R. COLE and TERESA H. COLE, husband and wife, as tenants by athe entirety, both of 36 Elaine Road, Barnstable (Hyannis), Barnstable County, Massachusetts, Barnstable County, with quitttatto toomanb the land is th any i buildings thereon, bounded and des- Hassachusetts, together with an j cribed as follows: as shown on n SOUTHERLY by Elaine Road end Carlotta Avenue, ter mentioned, one hundred thirty-six plan hereinaf and 75/100 (136.75) feett one hundred and 00/100 as shown. on said plan. WESTERLY by (100300) feett ninety-three NORTHERLY by Lots 36 and 35, as shown on said plan, and 38/100 (93.38) feett and ninety-eight and EASTERLY by Lot100, as 198.16)w onfast said plant Being LOT 36 containing 11,705 square feet, more or less, as I I •Crai Port a Residential Subdi�e!ic°1961, i shown on a plan entitled: q ' Hyannis, Hess. property of Rolkin Realty Trust, Sep West Hy which said plan is duly filed in the Barnstable Ed. Kellogg: Engof•Deeds in Plan Book 165 Page 41. f County Registry } subject to and with The above described premises are coBeBYfor filch streets or (' for all purposes in, over and . the benefit of a right of way annis, ways may customarily be used in the Town of West y herein referred upon the named streets or ways as shown on said p i :: •, 3 to in common with others entitled to the use thereto.subject to a Road O portion of • •rne above described premises are conveyed sub Registry in •' Taking by the Town of Barnstable of Elaine Road and a P ' nil 2, 1965 and recorded in said Reg .. .;:; Carlotta Avenue dated April and Electric company i 1962 Book 1295 Page 1147t an easement to Cape t: VJ ' ;;5 and New England Telephone and inlBook 1178mPage 36any tand October 23,restricti t, and recorded in said Registry 1962 and recorded in Q contained in an instrument dated December 20, said Registry in Book 1188 Page 522. Hyannis to ua deed from Hy Being the same premises conveyed by Real Estate Exchange, Inc. dated October 2L, 1963 and recorded in ,..? . _ acid Registry in-Book 1223 Page 117. 74 � tai a sealed loatrt day of_ . ro O , r 11 o Ott.04 ' STATE OF FLORIDA _• y ��J ,eCltY.ittt3i4 CP te!yeti - 1974 A. Byron CoKjsl `• �r��`. ' 7t.e�pe,eo�elly appeared the ebow oemed -:f� 3. 1��\:. (' a•'a:; 'a /)�(h� pass Iwtruo.eot a blit „} �' /' '�/�, �• A"f��3: S,f '•);: ,�. MV Mt C7MIA, I A IAN A i_. �'Y1t01)<YRI I Y :,(,,,. - ^'� fit• D: mown th t .. QUERY PROPERTY: QUERY END QUERY PROPERTY PENTAMATION----------------------------------------------------------- 11/27/00 PARCEL ID 248 199 GEO ID 15585 LOT/BLOCK 34 DBA PROPERTY ADDRESS OWNER DOHERTY 9 ELAINE ROAD JOHN G TRS & DOHERTY KATHERINE A HYANNIS 42 WAREHOUSE RD HYANNIS MA 02601 PHONE DISTRICT HY DEVELOPMENT STATUS C ASSESSOR' S CODE CAPACITY(NOTES) ZONING DIST/ZOC RB SEWER SYSTEM FLOOD PLN/ELEV. WATER SYSTEM OKH? # BEDROOMS ZBA DECISION FAMILY APT LOT SIZE 10454 . 4 OPER/MGR NAME WET LANDS MULT ADDRESS USE 130 PROTECT DIST WP (N) EXT / (P) REVIOUS / NO (T) ES / PER(M) ITS / (V) IOLATIONS / (G)EOBASE / (E)XIT This value is not among the valid possibilities LL D CASE & RAPP, LLP Attorneys and Counsellors at Law 1645 Falmouth Rd., Suite 1E Centerville,MA 02632 Tel. 508.771.3400 Fax 508.778.1700 caserapp@capecod.net Charles C. Case,Jr. Stuart W. Rapp March 29, 2000 Mr. Ralph Crossen Building Department Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Lillian Drive Dear Mr. Crossen: r With reference to the above-entitled matter and pursuant to your request, enclosed please find the Deed. This property is in the same development as the Lillian Road property therefore enjoys the same grandfather status; and, due to the fact that the Elaine Road property fronts an existing town way there were no issues of frontage. Therefore,please go forward with the issuance of the building permit on this property. Any questions,please call. I remain, Very ti• yours Stu SWR:sjr . Enc. cc: Client t. 1:... c;.. . I �--- - f 1 i 6f',/22l1999 16:11 508775 WYNN HYANNIS PAGE 14 Jill ' ,"4c tit7lydlWl�..Y.i�l4' :.y• jalr�r./i�j.'�i''.1�'TY1t17�C':i./N.-. 1 l QVMcuwt nsw i, gape cad sending loppllsa.be.,a Nawoobess""Owpt M► egeaiead by 169.teitb a OngPh"of busbtw at dJ WarM•saw Ika& r pysaai.,Tea had Cowry of Saraeuble,Cociamweamb aI 118eaacbt+m% ` is c oasiMtetbrs,of ONO Dollar(51.00)Pab• I `MN : of 147 Pleaaat Street.south Yara►oeeh(Sties 111"L ltaw"Newal Jrsatc # f M.IiltLse.of Snipak Lake Road.Mllapon.Coatiectkutl Maersee K. of 1417 Cando ace,JAcksosville,North Carolina(Barbara M.Doherty Pl of 36 Miriah Drive.Yate+oaehPort,MasascAusectst Sharpe M,Prlsby,of $6 Cobbkstose Road,84itna104-Msuachusettal John G'Doherty.Jr„ of 211 Ptessant Street.South Yatmouch("a(Liver$.Massachusetts;Sheila + a M,Doherty of 211 Pleasant Street.South yarinouth(Saes Rivet),matsacbusatgt and Mary A.Doherty,of 211 Pleasant Street.South ysrmo*ch(Ban Rivet). ss�6, Masaachueetu.as Tenants In Commos,with QUITCLAIM COVENANTS, .the Sand ASarnatabte wnc my*nnla,Torn and Covnty of parnatable, Commonwealth of MaaChmtte,being more particularly shown and dascrthed y o �4> a$fan of Land eatttted"Cralg Port a Residential 1 a is eW ft HyannKs, Us".property of Rolhto Realty Ttust.(Pranh L, Rkin(Ttaatee) September 1"I Ed Kellogg-Engr.-Osterville",duly -crud,is at;.:6-atmtdblo County &894try of Reeds in Plan cook 16S. Page 41. t 7 Por title reference see Deed recorded at the Derastable County Regutty of Deeds in Book-Luj-,Page i'40 . IN WITNESS WHEREOF,the aid Caps Cod 1161141111 310POW41,Lae.. , ' a Mssachusests Corporation,causes its corporate seal to be hereto affixed sad there presents to be signed.acknowledged and delivered In ITS name and behalf by John G.Doherty.Its President and Treamorimm-d4'I. t "` Ca od 9a11 "Wiwi It16•, / ! a .Doherty. Wes dear 41 Tr Ism t COMMONWEALTH OF MASSACHUSSTTS • � 3arastshla.4a: December�"'�.1956 • Than personally appeared before me,the above-aeme4 John O,Doherty, President and Tyeseater of Cap*Cod AuitdiaS Supptia.lac..had aekaowledl" t tee forego"lastruwwat to be the free act and deed of Cape Cod Send" � iilpplla.lsc-• ,, I Notary P011C My Coaimtutoa Saplras: r. .wren® naa.00a r,oawf 6 aYsr,!C <arcr�R.•,��w ruoawss[•+� ar.rs W„6w Bern . 1 ' i 00 o N ft0`00 w� �• . toss g tt�s° ` � 13so \ P.,, rpAo /osOO o r to 14 a 11 � � � 10893•: �, $ , ,f000 tzo ss 62 IrOOO ' 8 ' Is $ loco& /loco s ,taop ' SS loam � 11000 'sue _...67 - � /4 $- loco . o losoo 9s ..A .• 8 Ij00 • b 1131w; • foop0 �� ,� :<. 000 twDo � Il000 110 o�p0 � L O ••n � ',� a 00 . Q/ 81000 It A 5r0. • 63 /loco 110L r�7y4Z1 t ,� • o` ,i�y 'lp • d t� � t}"►90 n : IIOcO ft0� '' a -- ?! 1SO70 ` '1a`�rP r . o� /OaAD,p s aO . 11990 1975E �' \ '� a 1 sd sy .�� �„ 3d7o a' /7690 tab ' �` 1440 .S IdaOo\� Y \o�r°� zs it tam y c� A to s. . r � 1.1 �-1A~ iosoo . . �'by Q Z7 t AioO • \ Ob' P \ e losocr 10820C d {l�l /fly. . /o?SO 12825 2 r� r28 cb y,4' ► r0 'y INS IO960 '' �, �.ia► te_ ar a C?'C� ro??Os'6 43 -39 $ - 1170E o9 * o- 4 - 10000 ,►.''�¢• -EVE boss Q ,_ W000 �►VE roaoo .. N�. ao'� ro�0 i7 ' slassouss��oo - w: as 4aoaao ,p�tM ez 97 ?+ as - 10000 WOOD 79 a Q! aZ - 10O0o• 1 p0 /OOOO /00� 0500 � 2003E ^d « p g� r0p00-S07•5?/�\ � /a000 �oaoo . � 179Q5 d 1 ssao — ��-- er�ry n4o0 cr». r or V3 rn:r.UUCL n= ms :.•' r-u w.. OCT 5- CASE & RAPP, LLP Attorneys and Counsellors at Law 1645 Falmouth Rd., Suite 1E Centerville,MA 02632 Tel. 508.771.3400 Fax 508.778.1700 E-mail: caserappncapecod.net Website: www.caserapp.com May 24, 2000 Mr. Ralph Crossen Building Department Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: 34 Lillian Drive Dear Mr. Crossen: Pursuant to a conversation with your office today, enclosed please find another packet of all the deeds relative to and surrounding the above-referenced property. If you should have any questions or require any further information,please do not hesitate to contact me. I remain, Very truly yours, LO Stuart W. Rapp SWR:sjr Encs. RECEIVED MAY 2 5 2000 TOWN OF BARNSTABLE BUILDING DIV. t nti y. M t is 1481 a 314 I4z36 r 29 FLOYD Jt SILV A, of 32 Elaine Road H County, Hasuchusetta,Dein unmarried, . ' Yannis, Barnstable g ' for consideration of Twenty- 'Eight thousand2hMaIMOMMand No/100 Dollars ($289000.00) paid grant to GIRARD A. GAOU 'ETTE and CAROL A. GAOUETTE, husband and wife as Tenants by the Entirety, of 32 Elaine Road, Hyannis, Barnstable ith QUITCL County,_Massachusettsi wAIM COVENANTS ' . a certain parcel t ' of land containing 10,500 square feet e i 4 ti tuated On the northwasterl side of Elaine Road, in that part of Barnstable called Weet Hyannis j port, Barnstable County, Massachusetts, being LOT 32 as shown on. a i !` Ian entitled " j , Craig-port' A Residential Subdivision in West i yannis, mass. Property of Rolkin Realty Trust. (Frank L. Elkin - rustee)",. dated September, 1961, E.D. Kellogg,- Eng'r.,. which plan is recorded in Barnstable County Registry of Deeds in Plan Book 165 age 419 and bounded and described, according ows:-----.-__ . -- to said plan, as fol- ' SOUTHEASTERLY,- by said Elaine Road, 105.00 feet; NORTHEASTERLY'- by Y parLot 30 Lot feet; - in part by Lot 31 and in part by Lot 33 SOUTHWESTERLY pool' and , 105.0 - y Lot 34, 100.00 feet. There is conveyed herewith as appurtenant I; .d�. ii ight of way over Elaine Road and Car lottaenue as said Lot 3y a i �c aid plan, between said lot and Old Craigville Road which , saidwright.of III ay to be used for all II!'�� ereafter be commonly usedpinesaidrBarnstapub public ways are now or ma o fir, a used in common with others legally entitled theretoght of way to 4; For my title, reference may be had to a deed dated July 23, r 969 to me from L. Robert Rolde and Frank L. Elkin, Trustees of ' _ r I oikin Realty Trust duly recorded in the Barnstable C > f Deeds in Book 1444, Page 319. ounty Registry i WITNESS my hand and sea! this /as ' v �/• day of August, 1970. jj c135o'� — nalt:ura oY v ' ARNSTABLE, SSA COMMONWEALTH OF MASSACHUSETp"s��........ t. Then Personally 'eWUGUS �F ,1970 P nally appeared the above-named _ "`�� ekeOwlsdged the foregoing inst nt to be his J.. and afore me Noa a: E.e adt�.apli.deed, r � N NURM ri O Z� ' am is un ar u 1c ..ttts alto, COmm18810n- eX - •----------- ---pi es:-- -- - BK 12602 PGOO E348 D 01---27-2000 e 02 = 22 QUITCLAIM DEED I,John Doherty,Jr.,President and Treasurer of Cape Cod Building Supplies,Inc.,a corporation duly organized under the laws of the Commonwealth of Massachusetts and having its usual place of business at 232 East Main Street, Yarmouth (West), Barnstable.County, Massachusetts, for consideration paid, and in full consideration of Fifty Four Thousand and NO/100 ($54,000.00) Dollars, grant to John C. Davenport,20 North Main Street, South Yarmouth,Massachusetts 02664. with quitclaim covenants the land situated in that.part of Barnstable called West Hyannis,Barnstable County, Massachusetts,being Lots 33, 38 and 4g, as shown on a plan entitled,"'Craig-Port" A Residential Subdivision in West Hyannis,Mass.Property ofRolkin Realty Trust, (Frank L.Elkin,Trustee)",dated September, 1961,E. D. Kellogg,Eng'r.,which plan is recorded with the Barnstable County Registry of Deeds in Plan Book 165,Page 41. There is conveyed herewith as appurtenant to each of said lots a right of way over all of the roads,drives, lanes and avenues,as shown on said plan, said right of way to be used for all purposes for which public ways are now or may hereafter be used in said Barnstable, said right of way to be used in common with the Grantors and others legally entitled thereto. And there is also conveyed herewith as appurtenant to each of said lots the right to A lay,repair,maintain and replace in Carlotta Avenue,Lillian Drive and Elaine Road, as shown on said plan, and is Linda Lane between said Carlotta Avenue and Strawberry Hill Road, as shown on said plan,water pipes, sewer pipes,conduits for the transmission of electricity,intelligence and fuel,together with the right to place and maintain upon said Carlotta Avenue,Lillian Drive and Elaine Road, and upon said Linda Lane between said Carlotta Avenue and Strawberry Hill Road,poles or structures,for the installation of electric or telephone wires;and also the right to surface said Carlotta Avenue,Lillian Drive and Elaine Road,and said Linda Lane between said Carlotta Avenue and Strawberry Hill Road with a hard-top finish. And the Grantors reserve,for the benefit of their remaining land shown on said plan, the right to connect with and use any such pipes, wires,conduits,poles or structures as may hereafter be installed by the Grantee and its successors in title of record,in or upon said Carlotta Avenue,Lillian Drive and Elaine Road, and said Linda Lane between said Carlotta Avenue and Strawberry Hill Road,in common with others legally entitled thereto. This conveyance is also made subject to a taking by the Town of Barnstable for the layout of said Strawberry Hill Road by instrument of taking dated May 3, 1967, and. recorded in said'Barnstable Deeds,Book 1362,Page 287. Bk< 128CJ2 PUO86 Sa-:pia This conveyance does not convey all or substantially all of the assets of Cape Cod Building Supplies,Inc. For title, see Deed dated April 25, 1969, recorded in Barnstable County Registry of Deeds,Book 1434,Page 650 . Witness my hand and seal this.,�LMday of 20 0. e John Doherty,Jr. President and Treasurer V� Cape Cod Building Supplies,Inc. COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. , 2000 Then personally appeared the above named John Doherty Jr..President and Treasurer of Cape Cod Building Supplies, Inc. and acknow dged a fo ego' g instrument to be his free act and deed before me. Notary ubli -1,77 "el My comfnis on xpires:q1q --------------------- BARNSTABLE COUNTY REGISTRY OF DEEDS e EA-TAX RE6� O RED:WED EAF2 DATE 01.27.'00 THU 01/27/00 2121PH 01 0D= 09901 TAX $123.12 TOTAL $123.12 FEE $184.69 CASH $123.12 cases >�164F.66 CLERK 1 NO.006549 TIME 14:18 till eq9 q 9F�,Ssrg9 3ARNSTABLE REGISTRY OF DEEDS ���T op,.ko��N,y c ok o a F� _ Boox5483 is 227 QUITCLAIM DEED ' 94490 CAPE COD BUILDING SUPPLIES,INC.'a Massachusetts Corporation, duly organized by law, with a usual place of business at 63 Warehouse Road, Hyannis,Town and County of Barnstable,Commonwealth of Massachusetts, in consideration of One Dollar($1.00)paid,grants to"John.G. Doherty and Katherine A.Doherty,Trustees of THE DOHERTY REALTY TRUST, under written Declaration of Trust recorded at the Barnstable County Registry of Deeds in Book 4167,Page 154,both of Pleasant Street,South Yarmouth i' (Bass River), Barnstable County,Commonwealth of Massachusetts,with t QUITCLAIM COVENANTS,the land in Barnstable(West Hyannis),Town and County of Barnstable,Commonwealth of Massachusetts,being more particularly shown and described as LOT 34 on a Plan of Land entitled "Craig Port a Residential Subdivision in West Hyannis, Mars.property of Rolkin Realty Trust.(Frank L. Elkin(Trustee) September 1961 Ed Kellogg -Engr. -Osterville",duly recorded in the Barnstable County Registry of Deeds in Plan Book 165. Page 41. For title reference see Deed recorded at the Barnstable County Registry of Deeds in Book 1 H.i N ,Page c&s c . IN WITNESS WHEREOF,the said Cape Cod Building Supplies,Inc., a Masschusetts Corporation,causes its corporate seal to be hereto affixed and there presents to be signed,acknowledged and delivered in its name and behalf by John G. Doherty,its President and Treasurer,this Lq 4•day of December,1986. CAPE COD BUT NG PPLIES,INC.. B 1 ohn .Doherty,Fresident G Treas r COMMONWEALT/H OF MASSACHUSETTS \ Barnstable,ss: December ,1986 Then personally appeared before me,the above-named John.G.Doherty, President and Treasurer of Cape Cod Building Supplies,Inc.,and acknowledged the foregoing instrument to be the free act and deed of Cape Cod Building Supplies,Inc.. Notary Public My Commission Expires: LAW OFRCHS REARDON.THOMAS6 BAILEV.P.G COR,TRO'BEARSQ3 WAV AND BASSSTT LANE POST OPPKE BOX 978 HVAMRL MASS.OtSOt l a RtC��UEO DEC 29 86 09/?2/1999 15: 11 500775 ' WYNN HYANNIS PAGE 14 .d W:.. •��: ` .. oncLum °COP@ Cad 11'sudips Bad IM beer,a M b pe CsePsra/daao aegatd W by aw,with A inlaid Plate of bw%M at 63 Nat6aowe A" r Hyannis,Toga and Comity of Batlatabte.Coinamweaull of>isaeaseheaet+w, ` In eanideratloa•of One lfollar($1.00)paid. of M Plessast Street,South Yarmouth (Bass Al erl.llas.aebwt�tial Joaa fir' 1t.MR1aM.Of$lripsk Lake Rood.811tngton,coonsctkuti Uaurelea i6.O'M of 8A17 Caadm Place,Jatksotville.North Carollnan Barbara M.Dohersy ,- or 36 iUriab Drive.Yarmoathport. 16<assachusetasf SRaton;ts,PrM19y.'� S6 Cobblestone Road,Hortstable,Massachusettsi Sohn p:,Dtrberty.'lr,o of 211 Pleasant Street,South Yarmouth(Bass Revert.Massachusetts;Sheila t a M;MUM of 211 Pleasant Street,South Yarmouth(Bass River),Massachusettas l and Mary A.Doherty,or 2a Pleasant Street,South Yarmouth(sea Rlver), Nw4ir.:'. Massachusetts.as Tenants In Common,with QUISCI Alk4 COdENANTS, ,.the land It Barnstable west Myonnls,Town std County of Barnstable, >-"'Commonwealth of Massachusetts,being more particalarly shown and desetlhad LQT 014's Plan of Land entitled"Craig Port a Residential i ( 411 u on In est Hyannis, Me".property of Rollito Realty Trust-(Flank << <4 1-. Elkin(Ttsstee) September MI Ed Kellogg-Engr,-O$terv(1I**-duly recorded in the Barnstable County Registry of Deeds In Plan Hook 165. Page 41. Y Por title jeferstce see Deed recorded at the Barnstable County Registry of Deeds in Book lK 3�,Page t'•se . 1N WITNESS WHIMREOB,the said Caps Cod building 3uPPlies-1114- ; fiy a Ne"chusetts Corporation.causer Its corporate seal to be beret*off lsed and there presents to be signed.acknowledged and delivered In Its tame c nad behalf by John G.Da arty.Its President and Treasuror00110 „ .:.H.. .� r 1d Ca od Bu11 39dP11::'sl Iti4.1 be V rvv / ba .Dobeftyr TfNdent Tie usor 4: C0ke1dONVgALTM OF MA$8ACMU$6TTS f Barnstable.es: December Lj .1996 `q. Than Personally appeared berote me,the above-ssmed Jobe A.DoW", President and Treasurer of Cape Cod Building SnPPtles,lac and acksowlsdW the foregoing instrument to be the tree act ands deed Of CaPe Cod Budding Suppike,W.. �* Notary Public . l+iy Commission esplrsa: r. PM MUM TMVAM 6 , Cp�RPV R�Mir VMV �Iq 01.19[aT\AK .. P"?CV n=BOA on NM. - I �.Y r . , v • � �� t r ►00�2106 na 2,,d 23502 Ne, A rBYRON COFFIN, JR. and ISABEL A. COFFIN, husband and wife, as tenants by the entirety. both 235 Andros, Merritt Island, Florida paid W.V40000W.for the full eooaiderstioa of $21,000.00 sotto KIMYON R. COLE and TERESA N. COLE, hu and wife, as tenants by the entirety# both of 36 Elaine Road, Barnstable (HY annis) # Barnstable County# Massachusetts, Barnstable County, with q �uttrtatm to"n the lard in Barnstab (Hyannis), bounded and des- Massachusetts, together with any j cribed as follows: Elaine Road and Carlotta Avenue, as shown on a SOUTHERLY by plan hereinafter mentioned, one hundred thirty-six and 75/100 (136.75) feeti ! b Lot 37, as shown on said plan, one hundred and 00/100 WESTERLY y (100.00) feet) three by Lots 38 and 35, as shown on said plan, ninety NORTHERLY - and 38/100 (93.38) feeti and ei ht and as shown on said plan, ninety- 9 EASTERLY , by ot 16/100, (98.16) feet. I j Beinq'LOT 36 containing 11,705 square feet- feet, more or less, as 1 i shown on a plan entitled: 'Craig Port a Residential Sub tiembe=°1961, West Hyannis, Mass. property of Rolkin Realty Trust, Ed. Kellogg: Enq`r•e# which said plan is duly filed in the Barnstable f County Registry of Deeds in Plan Book 165 Page 41. The above described premises are conveyed subject to and with i for all purposes for which streets or ^ the benefit of a right of way Hyannis, in, over and '" '' ways-1ay customarily be used in the Town of West iplan herein referred upon the named streets or ways as shown on said 1 to in common with others entitled to the use thereto•subject to a Road v remises are conveyed The above described p portion Of the Town of Barnstable of Elaine Road and a Taking by April 2, 1965 and recorded in said Registry to Carlotta Avenue dated Ap an easement to Cape i Vineyaa�edl October C23, 1962 n.-� :• Book 1295 Page 11471 hone and Telegraph Company ,. �;,',�.;,. and New England Telep in Book 1178 Page 36 and to the restricts and recorded in said Registry g1962 and recorded in t contained in an instrument dated December20# said Registry in Book 1188 Page = E4 the same premises conveyed to us by deed from Hyan Being nis =r: Inc. dated October 2L, 1963 and recorded in Real Estate Exchange, j said Registry in-Book 1223 Page 117. I I lY 74 day ay of #J 1 ,�f-. Es. t� a sealed iwtru d rO ° # r. , !� COIAPACNA'1Ea:1H or S/(TAXyTYEViOF FLORV•.I-'DyA974 . . XtiC1►•A7}E71Yt7T1Y���`lS7� � o taw � . / the.bow wined A. Byron Cofflti • '� � 7Uea ye,yopallr wve� •�!� !''.�+,►��• ,:�`;;��.. u�• .•Ili �;• .:. �`:��y�'►�'.. 1 'led (h!( �as lwuumeot to be 1 �d '1 c.�•'�'i t�����'�.�•:+ �or+e t#1. iL 1�.� +:j��A i�'• �•�� } Jt PU6l^�' '., . i,, ►ycommluboE�Mfti}}S+oaW��EJJ11�'tr'7d���pjiWia # +�1 '. .•;�� b:z• someEL ENAU'CE1tElUL�It�tlRAlttE YN l CASE & RAPP, LLP -� Attorneys and Counsellors at Law 1645 Falmouth Rd., Suite 1E Centerville,MA 02632 Tel. 508.771.3400 Fax 508.778.1700 caserapp@capecod.net Charles C. Case,Jr. Stuart W. Rapp March 29, 2000 Mr. Ralph Crossen Building Department Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Lillian Drive Dear Mr. Crossen: With reference to the above-entitled matter and pursuant to your request, enclosed please find the Deed. This property is in the same development as the Lillian Road property therefore enjoys the same grandfather status; and, due to the fact that the Elaine Road property fronts an existing town way there were no issues of frontage. Therefore,please go forward with the issuance of the building permit on this property. Any questions,please call. I remain, Very yours Stu SWR:sjr Enc. cc: Client I N 13 so 10500 is v ��� tpoo io 11000 _ �� a ';� is 8 r0000' yp o Ga Iio00 SS Joe" cps o fi4 Q - 10000E 14 a moo° 's� _..b7 - P , 11000 o $0590 9S'� • �-/ 00 }� r1000 100• . � � ,r 9��b .� _ sa��r e•': 11000 1p6 53 63 -f/000 . 11a°C y► r.4 1 r 'R f 1000 1t0A° �' -- ?t /So7o 'q0`Q sl ti'^'tt/ • load* A .s 9 AD 11990 1t0'�pisG 1� �.. ♦♦ r � ♦ t♦ a , a ` _ 0 !d?00 �1 d° P/690 'S i ♦07 r �0� Z? a`sa 10 Z �`�• ns.7a. _;, fit¢ � �� /09 y /9�9' • 'j �., 1.�1•�•�A~ OV u � 01 as ° � �-0�a _ �Q 3� ... /shoo. . /o� ��' ♦ `� lOa� v .{L 12125 g !//!10 10sO1 'lS 9�4 'S► , ` �' 64 2a ♦ /392 l lip 37' ' ,,,M 4 us loOA6 10000 - -w000 ' ' �.. AV #AS�. - 78 10000 " Nars7' 10aoo 67 - I•s000 10ppp a6 09 logo* +� r � �. �•' Joao° ea //Bas raa0° at • ter , ao wvao�ao rns7 r ON ' g /0000 10000 » �� 79 Q/ sz �t $_ l0000' 10000 soo Joao° S Z0035 �� Joao° 53TST30V ` l79d? ti* MOOD a 1oa00 ♦ _ ..jam'`' rvsaar �, �t4O° _ vrr: 4. taw. 06T 5-'• �� , V See �+�ett qes PQ-., S fifn �t�, Town of Barnstable `�'e`` Regulatory Services w MASS, Thomas F.Geil6r,Director 9�ATE039. ��� Building Division Ralph Crossen,Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 August 9, 2000 Case &Rapp, LLP Attorney Stuart Rapp 1645 Falmouth Road Suite lE Centerville, Ma. 02632 Re: R248-199 - 9 Elaine Road, DL#34n Dear Attorney Rapp; Please be advised that I reviewed the documentation submitted and agree that the aforementioned lot is buildable from a zoning perspective. Sincerely, Ralph Crossen Building Commissioner buildability J. 34 LILLIAN DR R248-199 M&P D LOT YR Owner-Conveyance * 1969 CC Bldg 248-149 34 1986 CC Bldg-John &Katherine Doherty, Doherty Trust Abutting Lots 248-097 36 1974 Byron & Isabel Coffin - Kimyon &Teresa Cole 2000 Cole *' 1969 CC Bldg 35 1986 R Rolde& F Elkin-CC Bldg 27,34,35,37,38,40 etc 248-200 35 1986 CC Bldg- Millane, unread,O'Donnell,B Doherty, & S Frisby,John Doherty,Sheila Doherty, Mary Doherty * 1969 CC Bldg 38 1986 R Rolde&F Elkin-CC Bldg 27,34,35,37,38,40 etc 2000 Town record: CC Bldg 248-197 38 2000 Deed: John Doherty, CC Bldg-John Davenport lots 33,38 &42 248-198 32 1973 Floyd Silvia-Girard &Carol Gaouette Located in RB district _ Square footage 10,454 _-- Road Status 1l4 I r"lo C0& Lots 33, 34,35,38,40 &42 -CC Bldg in 1965& 1969 CC Bldg deed out 34, 35&40 CC Bldg kept 33, 38 &42 The lots were contiguous from 1969- 1986 but have not been contiguous since BLDLILL.XLS °F1HE t Town of Barnstable Regulatory Services an MASS.i'E Thomas F.Geiler,Director 1639. tEp,r,p.,e► Building Division Ralph Crossen,Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 August 9, 2000 Case &Rapp, LLP Attorney Stuart Rapp 1645 Falmouth Road Suite 1 E Centerville, Ma. 02632 Re: R248-199 - 9 Elaine Road, DL#34 Dear Attorney Rapp; Please be advised that I reviewed the documentation submitted and agree that the aforementioned lot is buildable from a zoning perspective. Sincerely, Ralph Crossen Building Commissioner TOP FNDN. AT EL. 33.75' SYSTEM PROFILE TEST ' HOLE LOGS..; ACCESS COVER TO WITHIN 6" OF FIN. GRADE (NOT TO SCALE) PROVIDE INSPECTION PORT WITHIN 6' OF FINISH GRADE CAROLYN DOYLE, PE ACCESS COVER (WATERTIGHT) TO ENGINEER: 32.5 t MINIMUM .75' OF COVER OVER PRECAST WITHIN 6" OF FIN. GRADE 2% SLOPE REQUIRED OVER SYSTEM 32 0, WITNESS: JERRY DUNNING 2" DOUBLE WASHED PEASTONE,- - DATE: 2/13/97 �INOA I RUN PIPE 30. FOR FIRST LEVEL 0' • _ 3' MAX. PERC. RATE < 2 MIN/INCH OARLA PROPOSED 1500 �oPp 29.63 CLASS I SOILS P 8872 & 8877 N GALLON SEPTIC 29.25 \ 29.5' TANK (H- 10 ) GAS LOCUS F, VACANT BAFFLE 29.17' o000 29.0' S8 1� 0 O C� o LOT TO 28.8' 0M0M 0 �1ME] � 4' AROUND M2 m C] m m O ED m Q m 8872 8877 (49R CARLOTfA AVE. p SLOPE) \_6" CRUSHED STONE & MECHANICAL g�� , , COMPACTION. (15.221 [2�) MIN ?,&S 2 0 a ED 0 C3 Ll 0 b 26.$ Q ELEV. � LILLIAN) DEPTH OF FLOW = 4', MIN 1 d" 32.8' �" 25.1 TEE SIZES: ( 1 % SLOPE) ( % SLOPE) 3/4 TO 1 1/2 DOUBLE WASHED STONE 0 INLET DEPTH = 10" ORGANICS, OUTLET DEPTH = 14 LEAVES, ORGANICS, LOCATION MAP NTS LOAMY LEAVES, FOUNDATION 1�' SEPTIC TANK 3' D' BOX 12' LEACHING SAND LOAMY FACIL ITY SAND ASSESSORS MAP 248 PARCEL 199 11.7' 12" �„ A ZONING DISTRICT: RB SL SL YARD SETBACKS: 16" 10YR 6/8 1 7.5YR 3/3 FRONT = 20' BW BW SIDE = 10' LS LS REAR = 10' 15.1' 32" 10YR 4/6 30.1 ' 22" 10YR 3/6 23.2' FLOOD ZONE: C C1 C1 MED/COS MED/COS W/GRAVEL W/GRAVEL S 10YR 7/6 / 35.0 66" 72„ 10YR 7 8 C2 C52 4.5, MED/COS MED/COS + 4 10YR 6/4 10YR 7/6 \ 120„ 22.8 120 15.1 LOT 34 + - NO WATER ENCOUNTERED NOTES: 0.24 ACRES IS ( ASSUMED 1. DATUM �, � + 31, '1' SEPTIC DESIGN: (GARBAGE DISPOSER IS NOT Al I OWED ) 2. MUNICIPAL WATER IS AVAILABLE �o * 3. MINIMUM PIPE PITCH TO BE 1 8" PER FObT. DESIGN_4FLOW: -2 BEDROOMS ( 110_GPD) 220_GPD / O' USE A 220 GP DESIGN FLOW 4. DE51G1�! LC)Hi7iNCi`' FOht l�Li.""iFtt�;A5 i�`ulvi"i j T v_._pL 5. PIPE JOINTS TO BE MADE WATERTIGHT. f 3 . 4.6 SEPTIC TANK; 220 GPD (�) = 440 6. CONSTRUCTION DETAILS TO BE IN ACCORDANCE WITH MASS. IF RESERVE EVER ENVIRONMENTAL CODE TITLE V. UTILIZED, H-20 USE A 1a0D_ GALLON SEPTIC TANK \ GARAGE / COMPONENTs AND VENT 7. THIS PLAN IS FOR PROPOSED SEPTIC SYSTEM ONLY AND IS NOT O ARE REQUIRED LEACHING: TO BE USED FOR ANY OTHER PURPOSE. PROPOSED PRIMARY 2(25 + 12.83) 2 (.74) = 11 30.5 DECK \ \ / SYSTEM IS NOT SIDES: 8. PIPE FOR SEPTIC SYSTEM TO SCH. 40-4" PVC. PROP. SUITABLE FOR VEHICLE 25 X 12.83 (.74) DRIVE. / LOADING BOTTOM: _ - -Z 9. COMPONENTS NOT TO BE BACKFILLED OR CONCEALED WITHOUT PROP. 2 BR /� tip° INSPECTION BY BOARD OF HEALTH AND PERMISSION OBTAINED DWELLING \\ \� +�3 TOTAL: 472 S.F. 349 _GPD - FROM BOARD OF HEALTH. / TF = 33.75' TH / DEC \ ro 1+ 32. \ ,� USE (2) 500 GAL. LEACHING CHAMBERS (ACME OR / + 4 33.4 EQUAL) WITH 4' STONE ALL AROUND *2 BEDROOM DEED RESTRICTION REQUIRED X 32.6 LECEN TITLE 5 SITE PLAN \ ' \ r°�. ` � ' 100.0 OF �31.3 EXIST. \\ � � PROPOSED SPOT ELEVATION 9 ELAINE ROAD MST, DWELL. � W DIRT 9 � / ��' 1 x IN THE TOWN OF: RIVE 00 0 EXISTING SPOT ELEVATION 31.8 BARN TABLE 100 PROPOSED CONTOUR ( HYANNIS) T: MENT \ \\ 31.2 yQ� PREPARED FOR: SAM TRAYW I C K 6' , 9 100 EXISTING CONTOUR 20 0 20 40 60 30.2 BOARD OF HEALTH 0 / BENCH MARK - TOP OF MA SCALE: 1 " = 20' DATE: FEBRUARY 23, 2004 / TOWN OF BARNSTABLE APPROVED DATE / ROAD BOUND. EL. =31.8 9 off 508-362-4541 I/28.8 fox 508 362-9880 ��o� ��TH OF 1114s,:. down Cape engineering, inc, ARNE Sc � ARNE H 9cyG OJALA CIVIL ENGINEERS 0� CIVIL N . 30792 LAND SURVEYORS ,� No. B �0�4? U1 939 vain st. yarmouth, rya 02675 ss/ LNG . E 04---048 OJALA, P. ., .S. DAT