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HomeMy WebLinkAbout0158 FIFTH AVENUE (HYANNIS) ACTIVE J % = T14E COMPACT 12 April 1993 Russell Haddleton, Esq. P.O. Box 1298 RE: Estate of Mildred Raggett Hyannis MA 02601 Conservation Restriction Dear Mr. Haddleton: Thank you for your letter of April 1. I am pleased to see that the family is now ready to move forward on this conservation restriction (CR). I read the Variance Decision as indicating that the permit expires one year from the date of decision, which was 15 May 1993. We will not have all the necessary approvals by that time, though we should be able to have a final document ready for signature by the Welchs. Do we need.to get the ZBA's approval of this document to satisfy its permit conditions? I will assume you will handle that aspect if necessary. I will be getting approvals from Town Council and Town Manager pursuant to statute(c. 184,s.32). I have attached a revised document for you to examine. I have made the changes you suggested re: notary blocks. I have also changed the name of the grantee to the Barnstable Land Trust, Inc.; the group changed its name effective 1 January 1993,but it is the same group and its tax- exemption is the same. I have sent the same draft to the Division of Conservation Services (Mr.Joel Lerner) for his review on behalf of the Secretary of Environmental Affairs, who must give final approval to the CR. If he has any minor comments on this drafting will forward them to you. I have also started the town approval process now. As I recall,last July Ms.Cassidy of your office sent the grantee$500 for our work in advancing this CR. She acknowledged that an additional$500 is to be sent to the grantee upon recording the CR,said funds to be used to provide for annual inspection of the Premises by the grantee. Thank you for your cooperation in this matter. Sincerely, Mark H.Robinson Executive Director enc. cc: Jaci Barton, BLT 3179 Main Street • 1'.0. Box 7 • Banwahlc MA 02030 • (508) 362-91 31 • Fax (508) 362-53 35 --- c CONSERVATION RESTRICTION .WE, Mary Louise Welch, Jane F. Welch, Barbara Welch and Dr. Gabriel Welch, all of 330 East 39th Street, .New York City, New York, 10016, as tenants in common, and their successors and assigns holding any interest in the Premises as hereinafter defined ("Grantors") grant to the BARNSTABLE LAND TRUST, INC. (formerly, Barnstable Conservation Foundation, Iilc.),a Massachusetts charitable corporation iv-ith an address at Box 224, Cotuit MA 02635, County of Barnstable, Conlnlonwealth of Massachusetts, its successors and permitted assigns, ("Grantee") IN PERPETUITY and exclusively for conservation purposes, the following described CONSERVATION RESTRICTION, on a parcel of land of approximately 0.69 acres located in the Town Of Barnstable, County of Barnstable, Commonwealth of Massachusetts, said uaI•cel being described in Exhibit A aHtaclled ("Prnnli�n�"1 Purpose. This Conservation.Restriction is defined in and authorized by Sections 31-33 of Chapter 184 of the General Laws and otherivise by law. Its purpose is to assure that the Premises will be retained in perpetuity predominantly in their natural, scenic and open condition and to prevent any use of the Premises that will significantly impair or interfere with the conservation values of the Premises. The conservation of the Pr.en-liscs will yield a significant public benefit for the following reasons: WHEREAS, the Town of Barnstable has developed an Open Space Plan (1984, amended "1987) with a goal of preserving "quality open spaces throughout the town which protect and enhance its visual heritage, while ensuring its future water supply, providing natural habitats, and retaining agricultural lands," and which identified, among other t111Ilgs, tile. folloWP C011llllunity ol7jecti ves: a) [to] acquire lllore open space in the part of the town known as Hyannis (p. 76); b) [to] enhance the visual appearance and greenery of the community within developed areas (P. 76); c) [to] preserve as much land as possible from development to provide habitat for native wildlife (p.80); d) [to] lessen pressures on the town's infrastructure due to rapid development (p. 83); and, WHEREAS, preservation of the Premises, which exist in a substantially undisturbed state, satisfies each of these enumerated objectives by the fact of the Premises : i) being situated within Hyannis Village, ii) containing woodland, iii) providing greenery, iv) preventing residential development in a densely developed area, and 1 iv) preventing residential development in a densely developed area, and v) providing public access to a natural area, as described in Exhibit B attached to this Conservation Restriction; and, WHEREAS, the Town of Barnstable Zoning Board of Appeals issued a Variance Decision (see Apendix I) dated May 15, 1992 (Appeal No. 1992-05), requested by the Grantors, which required that "...the third undeveloped (lot] is to remain in accordance with the Conservation. Restrictions Agreement...," and, whereas, this Conservation Restriction on the Premises is intended to satisfy that regulatory requirement. NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, the Grantors and the Grantee voluntarily agree that the CONSERVATION RESTRICTION described herein is an appropriate means to achieve the community's open space goals and objectives. The terms of this Conservation Restriction are as follows: A. Prohibited Uses. Except as to reserved rights set forth in paragraph B below, neither the Grantors nor their heirs, devisees, successor or assigns will perform or permit the following acts or uses on the Premises: 1) Constructing or placing of any building, tennis court, landing strip, mobile home, vehicles, trailers, boats, swimming pool, asphalt or concrete pavement; fence, signs, billboard or other advertising display, antenna (including so-called satelitte dishes), utility pole, road, tower, conduit, line, subsurface sewage disposal system, wells, fuel storage tank or other temporary or permanent.structure or facility on, under or above the Premises; 2) Mining, excavating, or removing from the Premises of soil, loam, gravel,. sand, rock or other mineral resource or natural deposit; 3) Placing, filling, storing or dumping on the Premises of soil, refuse, trash, vehicle bodies or. parts, rubbish, debris, junk, waste or other substance or material whatsoever, including vegetative cuttings; 4) Cutting, removing or otherwise destroying trees, shrubs and other' vegetation except as provided in paragraph B below; in no event shall the understory be removed or cut in the process known as brushing; 2 5) Activities detrimental to drainage, flood control, water or soil conservation, water quality or erosion control; 6) The use of motorcycles,.motorized trail bikes, snowmobiles and all other motor vehicles, except as required by police, firemen or other governmental agents in carrying out their lawful duties or as provided in paragraph B; 7) Other surface use of the Premises; 8) Any commercial or industrial use; 9).Any other.use of the Premises or activity thereon which is inconsistent with the purpose of this.Conservation Restriction unless necessary for the protection of the conservation interests that are the subject of this Restriction. B. Reserved Rights. Notwithstanding the provisions of paragraph A, the following acts and uses are.also permitted, but only if such uses and activities do not materially impair the purpose of this Conservation Restriction: 1) To prune; cut, remove or chip dead or downed trees occurring as the result of storm damage; all wood chips shall be spread to a depth not to exceed two inches; 2) To cultivate flowers and to plant and maintain trees and shrubs; 3) To park motor-vehicles of family, guests, and friends on a temporary basis, but only within twelve (12) feet of the road surface of Fifth Avenue as shown on the plan of record (see Exhibit A); The exercise of any right reserved by the Grantors under this paragraph B shall be in compliance with the then-current Zoning By-Law of the Town of Barnstable, and all other applicable federal, state and local law. The inclusion of any reserved right in this paragraph B requiring a permit from a public agency does not imply that the Grantee takes any position on whether such permit should be issued. C. Proceeds from Extinguishment. The Grantors and the Grantee agree that the donation of this Conservation Restriction gives rise for purposes of this paragraph to a property right, immediately invested in the Grantee, with a fair market value determined by multiplying the current fair market value of the Premises unencumbered by this Restriction (minus any increase in value attributable to improvements made after the date of this grant) by the ratio of the value of this Restriction at the time of this grant to the value of 3 :l the Premises, without deduction for the value of this Restriction, at the time of this grant. Such proportionate value of the Grantee's property right shall remain constant. If any change in conditions ever gives rise to extinguishment or other release of the Conservation Restriction under applicable law, then the Grantee, on a subsequent sale, exchange or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds equal to such proportionate value, subject, however, to any. applicable law which expressly provides for a different disposition of the proceeds. Whenever all or part of the Premises or any interest therein is taken by public authority, then the Grantors and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantors and.the Grantee.shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantors and the Grantee in shares equal to such proportionate value. The Grantee shall use its share of the proceeds in a manner consistent with the conservation purposes under its founding instrument. D. Access. The Conservation Restriction hereby conveyed grants, subject to the provisions of Massachusetts General Laws Chapter 21 Section 17C, to the Grantee and to the public the right to enter upon the Premises subject to the following conditions: 1) There is hereby granted to the Grantee and its designated representatives the right to enter the Premises (a) at reasonable times and in a reasonable manner for the purpose of inspecting the Premises to determine compliance herewith, (b) over the existing ways in order to reach the Premises, and, (c) to take any and all actions with respect to the Premises, at the then fee owner's cost, as. may be necessary or appropriate, with order of court, to remedy, abate or otherwise enforce any violation thereof. 2) There is hereby granted to the public the right to enter the Premises (a) on-foot only, for passive recreation, to take place only between the hours of sunrise and sunset; no pets or fires are allowed; (b) visitors may be ejected from the Premises at any time by the Grantors for unseemly or loud activities, or failure to abide by the above conditions; (c) access is not granted to any other lands owned by the Grantors. E. Legal Remedies of the Grantee. The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any 4 violations, including without limitation relief requiring restoration of the Premises to its condition at the time of this grant (it being agreed that the .Grantee may have no adequate remedy at law), and shall be in addition to, and%not in limitation of, any other rights and remedies available to the Grantee. The Grantors covenant and agree to reimburse the Grantee all reasonable costs and expenses (including without limitation reasonable counsel fees) incurred in enforcing this Conservation Restriction or in taking reasonable measures to remedy or abate any violation thereof. The Grantors and their successors and assigns shall each be liable under this paragraph only for violations of this Conservation Restriction which occur during their respective periods of ownership of the Premises. By its acceptance,.the Grantee does not undertake any liability or obligation relating to the condition of the Premises. Enforcement of the terms of this Restriction shall be at the discretion of the Grantee, and any forbearance by the Grantee to exercise its rights under.this Restriction shall not be deemed or construed to be a waiver. If any provision of this Conservation Restriction shall to any extent be held invalid, the remainder shall not be affected. F. Acts Beyond Grantors' Control. Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any action against the Grantors for any injury to or change in the Premises resulting from causes beyond the Grantors' control, including, but not limited to, fire, flood, storm, wind, natural erosion, falling aircraft, and acts caused by trespass on the Premises not contributed to by acts or omissions of the Grantors, or from any prudent action taken by the Grantors under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such causes. Nor does the Grantors assume any liability associated with accidental harm done to the representatives of the Grantees during a visit to the Premises. G. Duration and Assignability. The burdens of this Conservation Restriction shall.run with the Premises IN PERPETUITY, and shall be enforceable against the Grantors and the successors and assigns of the Grantors holding any interest in .the Premises. The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; and the Grantors on behalf of themselves and their successors and assigns appoint the Grantee their attorney-in-fact to execute, acknowledge and deliver any such instruments on their behalf and at the Grantors' expense. Without limiting the foregoing, the Grantors and their successors and assigns agree themselves to execute any such instrument upon request. The benefits of this Conservation Restriction shall be in gross and shall not be assignable by the Grantee, except in the following instances from time to time: (i) as a condition of any assignment, the Grantee requires that the purpose of this Conservation Restriction continue to be carried out, and (ii) the assignee, at the time of assignment, qualifies under Section 170(h) of the 5 .a Internal Revenue Code of 1954, as amended, and applicable regulations thereunder, and under Section 32 of Chapter 184 of the General Laws as an eligible donee to receive this Conservation Restriction directly. H. Subsequent Transfers. The Grantors agree to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument by which they divest themselves of any interest in all or a.portion of the Premises, including, without limitation, a leasehold interest. Failure of the Grantors to do so shall not impair the validity .of this Conservation. Restriction or limit its enforceability in any way. I. Estoppel Certificates. Upon request by the Grantors, the Grantee shall within twenty (20) days execute and deliver to the Grantors any document, including an estoppel certificate, which certifies the Grantors' compliance with any obligation of the Grantors contained in this Conservation Restriction, and which otherwise evinces the status of this Conservation Restriction as may be requested by the Grantors. J. Controlling Law. The.interpretation and performance of this Conservation Restriction shall be governed by the laws of the Common- wealth of Massachusetts. K. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Restriction shall be liberally construed in favor of the grant to effect the purposes of this Restriction and the policies and purposes of the Barnstable Land Trust, Inc. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Restriction that would render the provision valid shall be favored over any interpretation that would render it invalid. L. Amendment. The Grantors and the Grantee may by mutual consent amend any term or provision hereof provided that this Restriction as thus amended. complies with the then applicable requirements of Article 97, of the Amendments to the Constitution of the Commonwealth of Massachusetts; Massachusetts General Law, c. 184, sec. 31-33; Internal Revenue Code of 1986 Section 170(h) and the Conservation Restriction Program of the Town of Barnstable, or any successors thereto, and provided that any such amendment, together with any necessary approvals to its effectiveness, shall be recorded with the Barnstable County Registry of Deeds. M. Effective Date. Grantors and Grantee intend that the restrictions arising hereunder take effect on the day and year this Conservation Restriction deed is registered with the Barnstable County Registry of Deeds, after all signatures required by Section 32, Chapter 184 of the General Laws of Massachusetts have been affixed hereto. 6 r . N. Merger. The doctrine of merger shall not apply to this Restriction. No documentary stamps are required as this Conservation Restriction is a gift. Executed under seal this day of , 1993. Mary Louise Welch Jane F. Welch Barbara Welch Gabriel Welch STATE OF NEW YORK , ss. , 1993 Then personally appeared the above-named Mary Louise Welch and acknowledged the foregoing instrument to be her free act and deed, before me. Notary Public My commission expires: 7 �►,� S ,��♦ ti`� ►� � • �►` �• JAI _ ''�l ♦ NANE ....� - �•s,��l ♦�•,,I • ice— .� l �,.�,,y �,1 --�I � �� ►r►- MAIL l`• • t♦ 1 t� hQ 1 - �r 1 �. ���►II OP. ram•.. I �I poll r j � I jwv •. , SOW �-v �J� ��Q-.��t�-2 - � t e � L S L�c.v��2,� - �1 •r, , � r .. '�'_ �� > ' � a c "ram ,� �•�.�• .. • _. o `r ♦ .. 016, (AJ7 � r � ''t .►r'�C ` ` � I o r( -V- O-T '�477 L.J tl � oe ,444 1 n 1 17�g7lC I �a Aft �p N CK-t, cx 9 t �v4� v s+^A�3 P�-- 9 'E�2 � P P cR w T s c � s o�.�aC�La C. s F I I ' � I / I I u 1 °FTHE A Zoning Board of Appeals °.� Town of Barnstable - Planning Department ,,,�,,� , : 230 South Street, Hyannis, MA 02601 9 , ,0� (508) 790-6225 Fax(508) 790-6288 July 2, 1997 Mr. James E. Sweeney 58 High Ridge Road Brookfield, CT 06804 Dear Mr. Sweeney, I have received your letter of June 27, 1997 regarding the estate of your Aunt,the late Mildred W. Raggett located on Fifth Avenue in West Hyannisport, Massachusetts, which was placed under a conservation restriction in accordance with the decision of the Zoning Board of Appeals, Appeal Number 1992-05, dated May 15, 1992. I am forwarding a copy of your letter to Mr. Ralph Crossen, Building Commissioner, as Zoning Enforcement in the Town is the responsibility of the Building Department. Please notify me if I can be of further assistance. Sincerely, J � Gail Ni ht?gale, hairIrng Zoning Board of Appeals V cc-.Ralph Crossen,Building Commissioner File:ZBA/Letters/Raggett.doc Attachments: Decision#1992-05 R r Chairman,Zoning Board of Appeals June 27, 1997 Town of Barnstable S 0 -0 JUL - 1 1997 Subject: Zoning Board of Appeals # 1992-05 Gentlemen: By way of introduction, I am the nephew of the late Mildred W. Raggett, part of whose estate was subsequently placed under a conservation restriction in accordance with the decision of the Zoning Board of Appeals# 1992-05, dated May 15, 1992. The property under this conservation restriction is 0.68 acres on Fifth Avenue in West Hyannisport, Massachusetts. During a recent visit to West Hyannisport, I was greatly disturbed to find that a significant portion of the land placed under the conservation restriction has been stripped.of its natural greenery; it appears that a lawn has been planted to increase the outdoor living space and enhance the value of the adjacent lot at 499 Sixth Avenue,West Hyannisport. This action not only ignores the wishes of my late Aunt Mil, but clearly violates the decision of the Zoning Board of Appeals and the stipulations of the Conservation Restrictions Agreement. I call this matter to your attention so that the Board will take the necessary action to enforce its decisions, uphold the laws of the Town of Barnstable, and protect the natural,greenery of conservation restricted property. Thank you for your consideration and for any subsequent action taken to uphold the decisions of the Board. t cc: Barnstable Land Trust, Inc. Sincerely, Tax Collector- Town of Barnstable James E. Sweeney 58 High Ridge Rd. Brool ield,CT 06804 (203) 775 - 3703 Town of Barnstable Zoning Board of Appeals variance Decision and Notice _ Summary. Appeal No. 1992-05 Applicant: Russell E. Haddleton, Esquire Estate of Mildred W. Raggett Address 251 South St. P.O. Box 1298, Hyannis, MA 02601 Property Location: 499 Sixth Avenue, West Hyannisport, MA Assessors Map/Parcel 245/098 Zoning: RB - Residential B District Property Owner: Estate of Mildred W. Raggett . Address of Owner First National Bank of Boston . Variance Request: Section 3-1.1(5) Bulk Regulations, Minimum Lot Size Activity Request: To .permit the division of 1.05 acres into four (4) undersize lots. The lot contains 2 detached dwelling units. Procedural Provisions: Section 5-3.2 (3) variances Background: This decision concerns the petition submitted by Russell E. Haddleton, Esquire for the Estate of Mildred W. Raggett petitioning the Zoning Board of Appeals for a Variance to permit. 4 lots to be created from a 1.5 acre Lot shown on Assessors Map/Parcel No. 245/098. The lot is developed with two (2) single- family detached dwellings, fronting on to Sixth Avenue and the back of the lot area fronts on to Fifth Avenue in West Hyannisport, MA. The lot and dwellings are all in common ownership, that being the estate of Mildred W. Raggett. The applicant has submitted a proposed Approval Not Required Plan titled "Plan of Land in (West Hyannisport) Barnstable, Mass. for the Estate of Mildred W. Raggett", dated August 13, 1991 -and drawn by Baxter & Nye, Inc, which shows the proposed division of the Lot into four (4) lot areas. Two. of the lots noted as Lots "A" and "B" on the plan are a division of the existing detached single-family dwellings. These two proposed lots are 0.18 acre each, sized in accordance with the original 1950 Zoning requirements for :the area of 7,500 sq.ft, minimum lot area. The proposed property lines are also 'based on the :_original 1893 subdivision of the land titled "Plan of Plan Seaside park at Hyannisport, Mass.", drawn by F.C. Smith C.E. The lots front onto Sixth Avenue. Two other proposed lots noted as Lots "C" and "D" on the plan front on to ..Fifth Avenue (Lot'."C" a corner. lot also fronts on Ocean Street) . These two f Decision and Notice Appeal No. 1992-05 lots are sized at 0.34 acres each. The applicant has requested. that these two undeveloped lots be considered new buildable lots. Procedural Summary: The application was filed in the office of the Town Clerk and at the zoning Board of Appeals Office on December .10, 1991. A public hearing, duly noticed under MGL chapter 40-A was opened on January 23, 1992. The public hearing was closed on January 23, 1992 and the matter was taken under advisement. during the regular Board meetings of February 061 March 12 and April 09. The decision was rendered at the April 09, 1992 meeting. on March 27, 1992, an extension of time pursuant to MGL Chapter 40A, Section 9 was requested by the applicant and granted by the Board to allow for a 90 day extension of the time requirements for filing of the decision on this case. The fist two public hearings on this petition were held in the Second Floor Hearing Room. of New Town Hall. The later two were held at .the school Administration Building, First Floor Conferance Room. The petition was heard by Board Members; Gail Nightingale, Luke Lally, Betty Nilsson, Wayne Brown and Dexter Bliss, Chairman._ Russell E. Haddleton, Attorney for the Estate of Mildred W. Raggett, represented this appeal before the Board Thomas and Mildred Raggett initially acquired a home consisting of 2.5 lots on 5th Avenue in 1941. This home, commonly called the "Main House" and its lot (Assessor's Map/Parcel 245/144) .is located across the street from the subject property (Assessor's. Map/Parcel 245/098) . The subject property was acquired in stages. The first purchase in 1949 of 5 lots was followed by a second in 1950 of 2.5 lots adjoining the original five and than again in 1959 with the purchase of the two homes (by separate deeds) fronting on to Sixth Avenue. Together, the contiguous lots total 1.5 acres. According to Attorney Haddleton, the two proposed lots referred to as "C" and "D" (0.68. acres) are to be owned in common with the Main House which is commonly addressed as 158 Fifth Avenue, Hyannisport, MA. He represented that the intent was to .protect the land area directly across the street from the main house and retain the open character of the lot, as the deceased had. wished. He also presented the option to consider that the proposed lots "D" and "C" could be united as one single lot. Attorney Haddleton noted that the hardship and justification for the granting of this variance is found in the shape of the lots, which if divided only into two (as permitted by the twoexisting pre-zoning dwellings) would create "back property" with no significant value. The public was invited to speak. Madelein McDonald, an abutter, spoke in opposition she noted that appeals for variances to the minimum lot area in this area were common and were commonly denied by the Board, as in the cases of Mrs. Donald McGurk on second Avenue, Theodore E. Geraghty on Third Avenue (Appeal 1981-0.7) and Edward Sullivan on sixth Avenue. Firs. McDonald contended that in 1987 when the one acre minimum lot area came into effect, the late Mrs. Raggett expressed the desire to' save the 1.5 acre parcel as a haven for f Decision and Notice Appeal No. 1992-05 plants and wildlife within Seaside Park. Mrs. McDonald also noted that if the late Mrs. Raggett thought the open space so important that she specified that the land should remain open space in her will. Mrs. McDonald submitted a written letter to the Board dated.January 23, 1992. Fred oehme, representing the Seaside Park Association spoke in opposition citing the wishes of the Association that no precedent be set which might undermine the required lot area. Doctor Welch, Mrs. Raggetts nephew spoke in support of the appeal, noting the family history and his deceased Aunt Mildred Raggett expressed wishes to ensure that the two homes which his three Aunts (Mrs. Raggett's sisters) now occupy were cared for and the property managed in accordance with Mrs. Raggetts wishes. He noted that his intention was not to develop those new lots "C" and "D". Attorney Haddleton suggested that restriction could be placed upon the lots to ensure that the land would remain open and not. developed: At the close of the hearing of January 23, 1992, the Board took the matter under advisement to provided time for Attorney Haddleton to prepare draft restrictions which would ensure that the open space should indeed remain open and undeveloped. A February 04, 1992 letter to the Board was received form Attorney Haddleton, suggesting that a covenant could be drawn up with the lots to ensure the perpetuity of the open space. At the meeting of. February 06, 1992, the Board discussed this alterative with Attorney Haddleton and the Town Attorney and it was determined that the covenant .would not ensure the perpetuity of the lot as open space. The Board questioned the enforceability of the convent in future years. It was determined that a Conservation Easement might provide the most feasible and acceptable method to ensuring the land in question remains open in perpetuity. The appeal was continued to the March 12, 1992 meeting of the Board. At the March 12, 1992 meeting, Attorney Haddleton presented a draft "Conservation Restriction" to the Board: He mentioned that he had discussions with the Town of Barnstable Conservation Agent and the Town Attorneys office and that details still were to be worked out as to the particular agency to which the restriction would grant control. Attorney Haddleton requested that the Board continue the consideration of this matter into April to provide the time .necessary to refine particular aspects of the Conservation Restriction. It was noted that the time frame, granted under MGL Chapter 40A for a decision on this petition was running out and that without an extension of time the appeal would .be subject to default. Attorney Haddleton and the Board agreed to an extension of time on this appeal. The extension was prepared and signed March 17, 1992 by. Gail Nightingale on behalf of the Board and on March 27, 1992 by Attorney. Haddleton. The Board continued the matter to April 09, 1992. At the meeting of .April 09, 1992, the Board reviewed the second draft of the Conservation Restrictions and. discussed its details with Attorney Haddleton and those neighbors present. From the information given, the restrictions were acceptable to the abutters as well as. the town agencies (Conservation and Town Attorney) . I ' Docision and Notice Appeal No. 1992-05 Mrs. McDonald presented to the Board members a letter from Attorneys Driscoll & Davis dated April 07, 1992 stating the abutters agreement and the Conservation Restrictions Agreement (applicable to the combined Lots "C" and "D") . The letter enumerated three (3) points which were agreeable to the abutters and Attorney Haddleton as Esquire for the Estate of Mildred W. Raggett. Attorney Haddleton signed the latter to verify his agreement. Finding of Fact: Based upon the evidence submitted and testimony given, the Zoning Board of Appeals at its April 09, 1992 meeting unanimously found the following facts related to Appeal #1992-05: 1. That the two dwellings approximately 100 by 80 lots which are shown on a plan dated August 13, 1991 and shown as Lots "A" and "B" as combined with what are proposed to be two lots of 100 by 150 feet identified as Lots "C" and "D" on this same plan are unique. Because none of the adjacent lots would have the same shape should the owners be required to merge the areas of Lots. I'D" and "C" with Lots "A" and ".B". 2. The open space identified as Lots "C and "D" are unique in this area, which is intensely developed. 3. A financial hardship onto the estate of Mildred W. Raggett would be created if the requirements of Town of Barnstable Zoning Ordinances were adhered to exactly. 4. Through testimony it has been established that this Board could violate the intent of the deceased to retain the open space as a part of the Main House located directly across on Fifth Avenue. Conclusion: Accordingly, a motion was duly made and seconded that the Board grant a variance to the Minimum Lot Area requirements for Lot 245-098 to permit the creation of three lots as follows: Two lots shall be created as shown and identified as Lot "A" and Lot "B" on a plan submitted to the Board titled "Plan of Land in (West Hyannisport) Barnstable, Mass. for the Estate of Mildred W. Raggett", dated August 13, 1991 and drawn by Baxter & Nye, Inc., a copy of which is contained within the file, Each of these lots are occupied by developed single-family dwellings and measure 79.98. feet by 100 feet and contain 0.18 acre (7,998 sq.ft.) A third lot .to. be defined and drawn as the combination of Lot "C" and Lot "D" on the. above referenced plan. This is to be one (1) single lot not two. The lot is to contain 0.68 acre (.29,966 sq.ft.) and measuring approximately 100 feet by 300 feet. The division and creation of the three lots identified above shall be subject to the following conditions: Decision and Notice . Appeal No. 1992-05 1) That all three (3) conditions enumerated within a letter dated April . 7, 1992 from Attorneys Driscoll & Davis and addressed to the Board Chairman (a copy of which is filed with this Board), all of which were agreed to be Attorney Russell Haddleton, by signature on that letter, shall be made a part of this decision. 2) The Conservation Restrictions Agreement, as hand dated April 9, 19921 and presented to the Board at the meeting of April 09, 1992 and attached to Attorneys Driscoll & Davis April 7, 1992 letter is to be finalized in determination of the appropriate Conservation Agency for control of the third parcel (identified as the combination of Lots "C" and "p" on the plan titled "Plan of Land in (West Hyannisport) Barnstable, Mass. for the Estate of Mildred W. Raggett", dated August 13, 1991 and drawn by Baxter& Nye, Inc., ) and .filed accordingly with that new single lot. The vote was as follows: Aye: Wayne Brown, Betty Nilsson, Gail Nightingale, Luke Lally and Dexter Bliss, Chairman Nay: None Order: The petition for a Variance to the Minimum Lot Area requirements has been granted to Lot 245/098 for the creation of three (3) undersized lots, two of which are developed with single-family dwellings, the third undeveloped is to remain in accordance with the Conservation Restrictions Agreement and subject to the conditions enumerated. Appeals of this decisions, if any, shall be made pursuant to MGL Chapter 40A, section 17, and shall.be filed within Twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. This Variance will expire in one year if not implemented. .Any person aggrieved by this decision may appeal to the Barnstable Superior Court, as described in Section 17 of Chapter 40A of . the General Laws of the Commonwealth of Massachusetts by bringiagthe action within twenty days after the decision has been filed in the office of the Town Clerk. airman Clerk .of the Town o Barnstable County, Massachusetts, hereby certify that twentrnstable, have elapsed since the Board' of Appeals rendered its decision`in)theys above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this day of Cl pains and penalties of perjury. ti 19� under the Distribution.. . i Property Owner Town Clerk Town Clerk Applicant Persons Interested Building Inspector Public Information Board of Appeals P 339 592 403 US Postal Service Receipt for Certified Wail No Insurance Coverage Provided. Do not use for International Mail See reverse SeNo 3 v-rA We-�G Street&Number �- 3� 5� Post Office,State, ZIP Code Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee u� Return Receipt Showing to Whom&Date Delivered c� Return Receipt Showing to Whom, a Date,&Addressee's Address 0 TOTAL Postage&Fees $ CV) Postmark or Date E 0 U- co Stick postage stamps to article to cover First-Class postage,certif led mail fee,and charges for any selected optional services(See front). 1.If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service m window or hand it to your rural carrier(no extra charge). r m 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the ar cc return address of the article,date,detach,and retain the receipt,and mail the article. uO 3. If you want a return receipt,write the certified mail number and your name and address rn on a return receipt card,Form 3811,and attach it to the front of the article by means of the _ gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. ti 6. Save this receipt and present it if you make an inquiry. a ai SENDER: I also wish to receive the V ■Complete items 1 and/or 2 for additional services. ii► ■Complete items 3,4a,and 4b. following services(for an .�. ■Print toourou name and address on the reverse of this form so that we can return this extra fee): card ■Attacci this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address Z pem■Write'Retum Receipt Re uested'on the mail piece below the article number. 41 1 d � 4 p' 2. ❑ Restricted Delivery rn I ■The Return Receipt will show to whom the article was delivered and the date o. 1 delivered. Consult postmaster for fee. 1 0 3.Article Addressed to: 4a.Article Number d �--T a3 Er W� 4b.Service Type d aCn3 3� �, 3�L S� ❑ Registered ertlled 2 C ❑ Express M ' ❑ Insured a cc ❑ Return Re i r ercha i ❑ COD u i �� N I�! 1&6>/6 7.Date of D I Cra°' 5.Received By:(Print Nam 8.Addressee' dress( ly if requested and fee' paid) t g 6.Signature:(Addre a or Agent) ~ X PS Form 3811, December 1994 ` ` 102595-97-B-0179 Domestic Return Receipt UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Print your name, address, and ZIP Code in this box• Town of Barnstable Building Division 367 Main St. Hyannis, MA`02601 I f �tNE Tp� . � The Town of Barnstable . • snrwsTnst.�, • Department of Health Safety and Environmental Services 'OrFn�'t" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner September 8, 1997 Barbara Welch 330 East 39th Street Apartment 12C New York,New York 10016 Re: 158 Fifth Avenue,West Hyannisport,MA Map/parcel 245/114 Dear Ms Welch: I regret to inform you that you are in violation of Barnstable zoning;specifically the terms of your variance of May 15, 1992. In that variance,Lot 245-114,known as Parcel D,was required to remain as open space in conformance with the terms of a conservation restriction which was endorsed by EOA,the Zoning Board of Appeals and Barnstable Land Trust. Our investigation shows that you cleared that lot and have planted a lawn. This puts you in violation of your variance. You must return this lot to its natural state within 14 days of your receipt of this letter. Failure to do so may result in enforcement action. If you disagree with this letter,you may file an appeal with the Zoning Board of Appeals. If you so choose,we will be more than happy to assist you. I first attempted to contact you in July at the above referenced address regarding this matter but received no response. . Sincerely, Thomas Perry Building Inspector TP/km CERTIFIED MAIL P 339 592 403 R.R.R. Q970716A P 339 592 398 ,,, . US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail-See reverse Y" Street&Number l Sits Post Otfi State,&ZIP Code t IV Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee LO rn Return Receipt Showing to Whom&Date Delivered Q Return Receipt Showing to Whom, Q Date,&Addressee's Address 0 TOTAL Postage&Fees $ ch Postmark or Date 0 tL co o_ r Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services(See front). 1.If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service m window or hand it to your rural carrier(no extra charge). Q, 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the Q) return address of the article,date,detach,and retain the receipt,and mail the article. un 3. if you want a return receipt;write the certified mail number and your name and address rn on a return receipt card,Fong 3811,and attach it to the front of the article by means of the gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article 'a RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this 9 receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. io 6. Save this receipt and present it if you make an inquiry. a �THE tq� . 'Y The-Town of Barnstable • saxivsTnate, • 9� ,0� Department of Health Safety and Environmental Services prFD Nw�" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 16, 1997 Barbara Welch 158 Sixth Avenue West Hyannisport,MA 02672 Re: 158 Fifth Avenue,West Hyannisport,MA Map/parcel 245/114 Dear Ms Welch: I regret to inform you that you are in violation of Barnstable zoning;specifically the terms of your variance of May 15, 1992. In that variance,Lot 245-114,known as Parcel D,was required to remain as open space in conformance .with the terms of a conservation restriction which was endorsed by EOA,the Zoning Board of Appeals and Barnstable Land Trust. Our investigation shows that you cleared that lot and have planted a lawn. This puts you in violation ofyour variance. You must return this lot to its natural state within 14 days of your receipt of this letter. Failure to do so may result in enforcement action. If you disagree with this letter,you may file an appeal with the Zoning Board of Appeals. If you so choose,we will be more than happy to assist you. Sincerely, O Thomas Perry Building Inspector TP/km cc: Jacalyn Barton,Town Councilor Gail Nightingale,Chairman,Zoning Board of Appeals CERTIFIED MAIL P 339 592 398 R.R.R. t Q970716A IAO THE COMPACT OF CAPE COD CONSERVATION TRUSTS 23 September 1997 TO: Mary L. Welch, Barbara Welch Mikus, Jane Welch, Dr. Gabriel Welch FROM: Mark H. Robinson, Executive Director CC: Atty. John R. Alger RE: Remediation Plan for Conservation Restriction on Lots C & D on "Plan of Land in (West Hyannisport) Barnstable Mass. for the Estate of Mildred W, Raggett, August 13, 1991, Baxter & Nye, Inc." Mary and Barbara, representing the Welch family (the Owners), and Jaci Barton, Executive Director of the Barnstable Land Trust Inc. (BLT, formerly, Barnstable Conservation Foundation, Inc.), and I met on Friday, September 5, 1997 at their Seaside Park property on Fifth Avenue in West Hyannisport to discuss an apparent violation of the terms of a conservation restriction on the property, which was signed on 24 .June 1993 and recorded on 22 September 1993 in the Barnstable Registry of Deeds in Book 8792 Page 161. We all agreed at the site to the following particulars and course of action: 1) A conservation restriction was imposed by the Town's Appeals Board No. 1992- 05) as part of a set of conditions approving a redivision of adjoining property after the death of the Welch's forebear, the late Mildred W. Raggett. The BLT agreed to create a conservation restriction and enforce its provisions, as a service to the family and the town. 2) The practical drafting and negotiations establishing the conservation restriction document was handled by the Haddleton law office of Hyannis, representing the Raggett Estate, and myself, representing BLT. There was never any direct communication between the Welch family and the BLT or me. There probably should have been, we all agreed. Nor has there been any communication between BLT and the Welch family since the conservation restriction was put into effect in 1993 until this summer. 3) According to Mary and Barbara, the Welch family intended to create a sitting arealpark setting, as had existed in the past, on the land under conservation restriction and expressed that to their attorney several times. This desire was never relayed to BLT or me. BLT expected to see the land kept in its natural forested state, as it existed in 1993. Evidence of this is given in the document as follows: "...preservation of the Premises, which exist in a substantially undisturbed state..." (p. 1) as "PROHIBITED USES:...Cutting, removing, or otherwise destroying trees, shrub, and other vegetation, except as provided in paragraph B below; in no event shall the understory be removed or cut in the process known as brushing [emphasis added];" (p. 2). (see also photos in the Appendix) '<h,:,.. Sextant Hill, Unit One • 90 Route 6A •Sandwich MA 02563 •(508) 833-9131 • Fax (508) 833-3150•Email: compact@cape.com 4) The BLT was notified in early summer 1997 that clearing had occurred on the conservation restriction land. Site visits revealed that an area over 100' x 100' had been cut, brushed, cleared and seeded for lawn, with some new tree plantings, primarily covering the south end of Lot D on the plan of record (see above and attached Photos C and D.) The Welch sisters explained that the clearing was done to beautify an area that had become a de facto dumping ground for neighbors. A local landscaping company performed the work under the Welchs' direction. 5) At BLT's request, and with the Welchs' assent, The Compact sent its staff landscape architect Jeff Thibodeau to prepare a sketch illustrating a restoration plan for the disturbed area (see attached), which will include plantings of wildlife friendly shrubs and trees. Mowing of the lawn will be discontinued. Hand clearing of the mulched area around the bird bath will be allowed, though to reduced dimensions. See Jeff's memo for other conditions. All restoration work shall be completed by May 15, 1998, allowing the fall 1997 and spring 1998 planting seasons in the interim to be used to best advantage. All restoration will be paid for by the Owners. Mutually-agreed upon modifications to the restoration plan will be considered. In the event that the restoration plan fails to take hold, for whatever reasons (storm, drought, neglect, etc.), the replanting process will be repeated by the Owners. BLT will certify by December 31, 1999 that the plan has been satisfactorily completed. BLT's failure to do so will amount to a presumption that the plan has been faithfully implemented. Subsequent violations of the conservation restriction, if any, or failure to abide by this agreement, will be enforced under paragraphs D (Access) and E (Legal Remedies of the Grantee) of the conservation restriction. 6) BLT takes no position on the Town of Barnstable's willingness or ability or standing to enforce its own provisions under the Appeals Permit No. 1992-05. BLT's involvement is limited to enforcing its own contractual obligations under the conservation restriction recorded in Book 8792 Page 161. 7) The Owners will continue its now-established relationship with the BLT, seeking a meeting on the site once each summer at a mutually convenient time with the Owners, or a. representative of them, to discuss the conservation restriction and review the land's conditions. 8) The Owners will contact BLT whenever they seek to modify the land's condition in a new or significant way, to ensure that the terms of the conservation restriction would be met. The BLT recognizes the need to build a strong, continuing relationship with the Welch family to ensure that the protection of this small bit of greenery is appreciated by all. The Welch family pledges its good faith to abide by the terms of this agreement by authorizing their attorney John R. Alger to sign this agreement on their behalf. Thomas K. Lynch, President John R. Alger, Esq. Barnstable Land Trust, Inc. for Mary L. Welch, Jane F. Welch, Barbara Welch Mikus & Gabriel Welch Date: Date: I I I i .. - r far • t ';a�# .'A ,t�F F _- • • �-i Nar J �` � - • e .t F • 1 � •+r .� a r Y �, a r A'mF - A `'S. �� , � •__ ,: , � tea-�� ' � �- _ y..,�rwS'°� "•F - its. - q a:...� aYIIY� iP r .r ..p' i a� .. t � � • • `i II W r .`�- q .. - ♦ kA v. • +� ♦p t ��- ��3^- -•—,� saw.. -,'C'"--$ �. _ a 1 • _ x i.- •��- .s,.. .:,yam, �� —»a a _: Eoc) CONSERVATION RESTRICTION �a3e, / . 021_5el f WE, Mary Louise Welch, Jane F. Welch, Barbara Welch and Dr. Gabriel Welch, all of 330 East 39th Street, New York City, New York, 10016, as tenants in common, and their successors and assigns holding any interest in the Premises as hereinafter defined ("Grantors") grant to the BARNSTABLE LAND TRUST, INC. (formerly, Barnstable Conservation Foundation, Inc.),a Massachusetts charitable corporation with an address at 1 Winter Street, Hyannis MA and a mailing address at P.O. Box 224, Cotuit MA 02635, County of Barnstable, Commonwealth of Massachusetts, its successors and permitted assigns, ("Grantee") IN PERPETUITY and exclusively for conservation purposes, the following described CONSERVATION RESTRICTION, on a parcel of land of approximately 0.68 acres located in the Town of Barnstable, County of Barnstable, Commonwealth of Massachusetts, said parcel being described in Exhibit A attached ("Premises"). Pur ose. This Conservation Restriction is defined in and authorized by Sections 31-33 of Chapter 184 of the General Laws and otherwise by law. Its purpose is to assure that the Premises will be retained in perpetuity predominantly in their natural, scenic and open condition and to prevent any use of the Premises that will significantly impair or interfere with the conservation values of the Premises. The conservation of the Premises will yield a significant public benefit by meeting the following interests: WHEREAS, the Town of Barnstable has developed an Open Space Plan (1984, amended 1987) with a goal of preserving "quality open spaces throughout the town which protect and enhance its visual heritage, while ensuring its future water supply; providing naturalhabitats, and retaining agricultural lands," and which identified, among other things, the following community objectives: a) [to] acquire more open space in the part of the town known as Hyannis (p. 76); b) [to] enhance the visual appearance and greenery of the community within developed areas (p. 76); c) [to] preserve as much land as possible from development to provide -habi-t-at for nati-ve wildlife-(p,80); d) [to] lessen pressures on the town's infrastructure due to rapid development (p. 83); and, WHEREAS, pr- ervation.of.the Premier, .which existfim,A-_t:t�4tanti4► undisturbed,st tle, satisfies,each of these(snmerated.40jeo i«ves by the- fit of the 'VFemises . r i) being`-titWated wfthihfHy!nnis-:Village, ii) contain woodla 1, iii) prow d g gree ry, 1 , iv) preventing residential development in a densely developed area, and v) providing public access to a natural area; as described in Exhibit B attached to this Conservation Restriction; and, WHEREAS, the Town of Barnstable Zoning Board of Appeals issued a Variance Decision (see Appendix I) dated May 15, 1992 (Appeal No. 1992-05), requested by the Grantors, which required that "...the third undeveloped [lot] is to remain in accordance with the Conservation Restrictions Agreement...," and, whereas, this Conservation Restriction on the Premises is intended to satisfy that regulatory requirement. NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, the Grantors and the Grantee voluntarily agree that the CONSERVATION RESTRICTION described herein is an appropriate means to achieve the community's open space goals and objectives. The terms of this Conservation Restriction are as follows: A. Prohibited Uses. Except as to reserved rights set forth in paragraph B below, neither the Grantors nor their heirs, devisees, successor or assigns will perform or permit the following acts or uses on the Premises: 1) Constructing or placing of any building, tennis court, landing strip, mobile home, vehicles, trailers, boats, swimming pool, asphalt or concrete pavement, fence, signs, billboard or other advertising display, antenna (including so-called satellite dishes), utility pole, road, tower, conduit, line, subsurface sewage disposal system, wells, fuel storage tank or other temporary or permanent structure or facility on, under or above the Premises; 2) Mining, excavating, or removing from the Premises of soil, loam, gravel, sand, rock or other mineral resource or natural deposit; 3) Placing, filling, storing or dumping on the Premises of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, waste or other substance or material whatsoever, including vegetative cuttings; 4) Cutting, removing or otherwise destroying trees, shrubs and other vegetation except as provided in paragraph B below; in no event shall the understory be removed or cut in the process known as brushing; 2 r i 5) Activities detrimental to drainage, flood control, water or soil conservation, water quality or erosion control; 6) The use of motorcycles, motorized trail bikes, snowmobiles and all other motor vehicles, except as required by police, firemen or other governmental agents in carrying out their lawful duties or as provided in paragraph B; 7) Other surface use of the Premises; 8) Any commercial or industrial use; 9) Any other use of the Premises or activity thereon which is inconsistent with the purpose of this Conservation Restriction unless necessary for the protection of the conservation interests that are the subject of this Restriction. B. Reserved Rights. Notwithstanding the provisions of paragraph A, the following acts and uses are also permitted, but only if such uses and activities do not materially impair the purpose of this Conservation Restriction: 1) To prune, cut, remove or chip dead or downed trees occurring as the result of storm damage; all wood chips shall be spread to a depth not to exceed two inches; 2) To cultivate flowers and to plant and maintain trees and shrubs; V 3) To park motor vehicles of family, guests, and friends on a temporary basis, but only within twelve (12) feet of the road surface of Fifth Avenue as shown on the plan of record (see Exhibit A); The exercise of any right reserved by the Grantors under this paragraph B shall be in compliance with the then-current Zoning By-Law of the Town of Barnstable, and all other applicable federal, state and local law. The inclusion of any reserved right in this paragraph B requiring a permit from a public agency does not imply that the Grantee takes any position on whether such permit should be issued. C. Proceeds from Extinguishment. The Grantors and the Grantee agree that the donation of this Conservation Restriction gives rise for purposes of this paragraph to a property right, immediately invested in the Grantee, with a fair market value determined by multiplying the current fair market value of the Premises.unencumbered by this Restriction (minus any increase in value attributable to improvements made after the date of this grant) by the ratio of the value of this Restriction at the time of this grant to the value of 3 1t the Premises, without deduction for the value of this Restriction, at the time of this grant. Such proportionate value of the Grantee's property right shall remain constant. If any change in conditions ever gives rise to extinguishment or other release of the Conservation Restriction under applicable law, then the Grantee, on a subsequent sale, exchange or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds equal to such proportionate value, subject, however, to any applicable law which expressly provides for a different disposition of the proceeds. Whenever all or part of the Premises or any interest therein is taken by public authority, then the Grantors and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantors and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantors and the Grantee in shares equal to such proportionate value. The Grantee shall use its share of the proceeds in a manner consistent with the conservation purposes under its founding instrument. D. Access. The Conservation Restriction hereby conveyed grants, subject to the provisions of Massachusetts General Laws Chapter 21 Section 17C, to the Grantee and to the public the right to enter upon the Premises subject to the following conditions: 1) There is hereby granted to the Grantee and its designated representatives the right to enter the Premises (a) at reasonable times and in a reasonable manner for the purpose of inspecting the Premises to determine compliance herewith, (b) over the existing ways in order to reach the Premises, and, (c) to take any and all actions with respect to the Premises, at the then fee owner's cost, as may be necessary or appropriate, with order of court, to remedy, abate or otherwise enforce any violation. thereof. 2) There is hereby granted to the public the right to enter the Premises (a) on-foot only, for passive recreation, to take place only between the hours of sunrise and sunset; no pets or fires are allowed; (b) visitors may be ejected from the Premises at any time by the Grantors for unseemly or loud activities, or failure to abide by the above conditions; (c) access is not granted to any other lands owned by the Grantors. E. Legal Remedies of the Grantee. The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any i 4 i violations, including without limitation relief requiring restoration of the Premises to its condition at the time of this grant (it being agreed that the Grantee may have no adequate remedy at law), and shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee. The Grantors covenant and agree to reimburse the Grantee all reasonable costs and expenses (including without limitation reasonable counsel fees) incurred in enforcing this Conservation Restriction or in taking reasonable measures to remedy or abate any violation thereof. The Grantors and their successors and assigns shall each be liable under this paragraph only for violations of this Conservation Restriction which occur during their respective periods of ownership of the Premises. By its acceptance, the Grantee does not undertake any liability or obligation relating to the condition of the Premises. Enforcement of the terms of this Restriction shall be at the discretion of the Grantee, and any forbearance by the Grantee to exercise its rights under this Restriction shall not be deemed or construed to be a waiver. If any provision of this Conservation Restriction shall to any extent be held invalid, the remainder shall not be affected. F. Acts Beyond Grantors' Control. Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any action against the Grantors for any injury to or change in the Premises resulting from causes beyond the Grantors' control, including, but not limited to, fire, flood, storm, wind, natural erosion, falling aircraft, and acts caused by trespass on the Premises not contributed to by acts or omissions of the Grantors, or from any prudent action taken by the Grantors under emergency conditions to prevent, abate, or mitigate significant injury to the Premises ' resulting from such causes. Nor does the Grantors assume any liability associated with accidental harm,done to the representatives of the Grantees during a visit to the Premises. G. Duration and Assign Lbility. The burdens of this Conservation Restriction shall run with the Premises IN PERPETUITY, and shall be enforceable against the Grantors and the successors and assigns of the Grantors holding any interest in the Premises. The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; and the Grantors on behalf of themselves and their successors and assigns appoint the Grantee their attorney-in-fact to execute, acknowledge and deliver any such instruments on their behalf and at the Grantors' expense. Without.limiting the foregoing, the Grantors and their successors and assigns agree themselves to execute any such instrument upon request. The benefits of this Conservation Restriction shall be in gross and shall not be assignable by the Grantee, except in the following instances from time to time: (i) as a condition of any assignment, the Grantee requires that the purpose of this Conservation Restriction continue to be carried out, and (ii) the assignee, at the time of assignment, qualifies under Section 170(h) of the 5 r Internal Revenue Code of 1954, as amended, and applicable regulations thereunder, and under Section 32 of Chapter 184 of the General Laws as an eligible donee to receive this Conservation Restriction directly. H. Subsequent Transfers. The Grantors agree to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument by which they divest themselves of any interest in all or a portion of the Premises, including, without limitation, a leasehold interest. Failure of the Grantors to do so shall not impair the validity of this Conservation Restriction or limit its enforceability in any way. I. EstoI212el Certificates. Upon request by the Grantors, the Grantee shall within twenty (20) days execute and deliver to the Grantors any document, including an estoppel certificate, which certifies the Grantors' compliance with any obligation of the Grantors contained in this Conservation Restriction, and which otherwise evinces the status of this Conservation Restriction as may be requested by the Grantors. J. Controlling Law. The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Common- wealth of Massachusetts. K. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Restriction shall be liberally construed in favor of the grant to effect the purposes of this Restriction and ' the policies and purposes of the Barnstable Land Trust, Inc. If any provision. ' in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Restriction that would render the provision.valid shall be favored over any interpretation that would render it invalid. L. Amendment. The Grantors and the Grantee may by mutual consent amend any term or provision hereof provided that this Restriction as thus amended complies with the then applicable requirements of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts; Massachusetts General Law, c. 184, sec. 31-33; Internal Revenue Code of 1986 Section 170(h) and the Conservation Restriction Program of the Town of Barnstable, or any successors thereto, and provided that any such amendment, together with any necessary approvals to its effectiveness, including appropriate town officials and the Secretary of. Environmental Affairs, or her successor, shall be recorded with the Barnstable County Registry of Deeds. M. Effective Date. Grantors and Grantee intend that the restrictions arising hereunder take effect on the day and year this Conservation Restriction deed is recorded with the Barnstable County Registry of Deeds, after all signatures required by Section 32, Chapter 184 of the General Laws of Massachusetts have been affixed hereto. N. Merger. The doctrine of merger shall not apply to this Restriction. No documentary stamps are required as this Conservation Restriction is a gift. Executed under seal this 24th day of une 1 93. Mary ouise Welch )ne F. Welc Barbara Welch ab ' Welch STATE OF NEW YORK New York, ss.- Le t 1993 Then personally appeared the above-named ry Louise Welch and acknowledged the foregoing instrument to be her free act and deed, before me. , NoiarVublic E My commission expires: Nomy pWicSuSum of N*w Y*rk No.01Y148528" Ch alified in Kings CountV 1 commission Evim ne 7 STATE OF NEW YORK New York, ss. 1993 Then personally appeared the above-named Jane F. Welch and acknowledged the foregoing instrument to be her frees act and deed, be me. NotgryiPublic GRACE YIP York My commission expires: Notary 01YI449952646 Qualirod in Kings County STATE OF NEW YORK Commission Expires June_19, 1 New York, ss. )4- 1993 Then personally appeared the above-named Barbara Welch and acknow- ledged the foregoing instrument to be her ree act and deed, before me. GRACE YIP ryPublic, State of New York NotaryP lic X— — — Kings c 6 Qualified in Kings County My commission expires: Commission Expires June 19,199� STATE OF NEW YORK New York, ss. 1993 Then personally appeared the.above-named il riel Welch and acknow- ledged the foregoing instrument to b ,his free act and deed, before me. ----GfIrASE-IAP- No ar ublic otery Public,State of New York M commission ex i s: No.o1Y14952646 y p Qualified in Kings County Commission Expires June 19, 1999 S ACCEPTANCE OF GRANT The above Conservation Restriction is accepted this 3�r day of 1993. Lindsey B. Counsell, President Geoffrey Unk, Treasurer Barnstable Land Trust, Inc. Barnstable Land Trust, Inc. COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. Date: 3 �ua7 q 43 Then personally appeared the above-named Lindsey B. Counsell, to me personally known, who being by me duly sworn did say that he is the President of the Barnstable Land Trust, Inc.; that he is duly authorized to act on behalf of said corporation; and acknowledged the foregoing document to be the free act and deed of the Barnstable Land Trus , Inc. before e Notary Public My commission expires: t I ; APPROVAL OF TOWN COUNCIL At a meeting duly held on 3 June 1993, the Town Council of the Town of Barnstable, Massachusetts voted to approve the foregoing Conservation Restriction to the Barnstable Land Trust, Inc., pursuant to M.G.L. Chapter 184, Section 32. TOWN OF BARNSTABLE Date: y// TOWN COUNCIL Theodore Panitz, President Aune Cahoon, Clerk APPROVAL OF TOWN MANAGER I, Warren J. Rutherford, acting as Town Manager of the Town of Barnstable, . hereby approve the foregoing Conservation Restriction to the Barnstable Land Trust, Inc., pursuant to M.G.L. c. 184, s. 32. Warren J. th�erford Date: � Town Manager APPROVAL BY SECRETARY OF ENVIRONMENTAL AFFAIRS The undersigned, Secretary of the Executive Office of Environmental Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction to the Barnstable Land Trust, Inc. has been . approved in the public interest pursuant to M.G.L. Chapter 184, Section 32. Date:___�y_� 1993J C Trudy Cox ecretary, Exec. Office of Environmental Affairs 10 r CONSERVATION RESTRICTION at Seaside Park in Hyannisport, Massachusetts EXHIBIT A Description of the Premises The Premises under Conservation Restriction include Parcel I and Parcel II described as follows: Parcel I: Two certain parcels of land on the westerly side of Fifth Avenue and being the lots and parts of lots in Block G, Section D, as shown on a Plan of Land entitled, "Plan of Land in Hyannisport, Mass., Owned by the Seaside Park Association, Boston, Mass., August 1893, Fred O. Smith, C.E.," which plan is recorded in the Barnstable County Registry of Deeds in Plan Book 34, Page 23. First parcel: Measuring one hundred (100) feet on the west side of said Fifth Avenue and one hundred (100) feet deep, and being lots numbered 356, 358 and the southerly half (20 feet) of lot numbered 360, on said plan of Seaside Park. Second Parcel: Measuring one hundred (100) feet on the west side of said Fifth Avenue and one hundred (100) feet deep, and being lots numbered 352, 354 and the northerly half (20 feet) of lot numbered 350, on said plan of Seaside Park. Parcel II: One certain parcel.of land located on the Northwest corner of Fifth Avenue and Ocean.Street being lots numbered 346, 348 and the southerly half (20 feet) of lot numbered 350, as;shown on the aforesaid plan of land. The total distance of said lots measuring one hundred (100) feet on the north-side of Ocean Street, and one hundred (100) feet on the west side of Fifth Avenue. All land. described above is contiguous. For title see Barnstable Probate Case #91P0740E1 (Mildred W. Raggett). C & .D The Premises are also described as Lot _ on a plan of land entitled, 'Plan of Land in (West Hyannisport) Barnstable, Mass. for the Estate of Mildred W. Raggett, August 13, 1991, Baxter & Nye, Inc." Also known as part of Lot 98 on Map 245 of the Town of Barnstable Assessors' Atlas (1990). The Premises contain 29,966 square feet (0.68 acres) of upland, more or less. See Appendix F & H for plans. _ 11 EXHIBIT B BASELINE DATA AND NATURAL RESOURCE INVENTORY FOR CONSERVATION RESTRICTION on 0.68 acres of land at Seaside Park West Hyannisport , Town of Barnstable, Barnstable County, Commonwealth of Massachusetts to Barnstable Land Trust, Inc. Prepared for: Mary Louise Welch, Jane F.:Welch, Barbara Welch and Gabriel Welch Barnstable Conservation Foundation, Inc. Prepared by: Mark H. Robinson Executive Director The Compact of Cape Cod Conservation Trusts, Inc. Barnstable MA April 1993 12 r EXHIBIT B ' We the undersigned acknowledge this natural resources inventory (herein referred to as Exhibit B) to be an accurate depiction of the Premises under conservation restriction at the tim of the donation: Grantee: Gr ors: Lindsey): tounsell, President Nfaq Lo se Welch Barnstable Land Trust, c. r' a F. Welch Geoffrey Wnk, Treasurer ) / � Barnstable Land Trust, Inc. arbara Welch Date: 40 , Gabriel W ch STATE OF NEW YORK New York, ss. 1993 Then personally appeared the above-named Mary Louise Welch and acknowledged the foregoing instrument to be her,free act and deed, before me. CE rp M.York e 01 Notary public trotW"tWolY5 My co fission expire(: ouei'rfied in Kings COU"W Commission Expires June 19.1 STATE OF NEW YORK New York, ss. T 1993 Then personally appeared the above-named Ja a F. Welch and acknowledged the foregoing instrument to be her free t and deed,,before me. Not y Nblic My com ission expires: GRACE YIP aaen public. YS a i Now� ousiified in Kings county commission Expires June 18,�99 13 II I . STATE OF NEW YORK New York, ss. Y4 , 1993 Then personally appeared the above-named Barbara Welch and acknow- ledged the foregoing instrument to be her,free act and dee before me. �. GRACE YIP otary Public,State of New York Notar P blic Qualified in Kings County / My comn�lssion expires: Commission Expires June 19,I"C' STATE OF NEW YORK New York, ss. 1A A 1 1993 Then personally appeared the above-named G �tiel Welch and acknow- ledged the foregoing instrument to be his free act and deed, b ore me.' GRACE YIP ry Public,State of N8 York Notary bliC alified in Kings ne 19 199 My commission expires: Commission Expires COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. Date: 30 a,rf / 3 Then personally appeared the above-named Lindsey B. Counsell, to me personally known, who being by me duly sworn did say that he is the President of.the Barnstable Land Trust, Inc.; that he is duly authorized to act on behalf of said corporation; and acknowledged the foregoing document to be the free act and deed of the Barnstable Land Trus , Inc. before me of y Public My commission expires: . 14 i EXHIBIT B RESTRICTION DOCUMENTATION REPORT SUMMARY SHEET Date:4/93 A. Restriction Name: SEASIDE PARK State: Commonwealth of Massachusetts County: Barnstable Town: Barnstable Village: West Hyannisport Title to Land: Barnstable Probate Case # 91P0740E1 (Estate of Mildred W. Raggett) Date Conservation Restriction Recorded: Book: Page: Plan of Record: "Plan of Land in Hyannisport, Mass., Owned by the Seaside Park Association, Boston, Mass., August 1893, Fred O. Smith, C.E.," Barnstable County Registry of Deeds in Plan Book 34, Page 23. See also, "Plan of Land in (West Hyannisport) Barnstable, Mass. for the Estate of Mildred W. Raggett, August 13, 1991, Baxter & Nye, Inc." Present Owners: Mary Louise Welch, Apt. 12C, 330 East 39th St., NY, NY, 10016 Jane F. Welch, Apt. 12C, 330 East 39th St., NY, NY, 10016 . Barbara WelchApt. 20P, 330 East 39th St., NY, NY, 10016 Dr. Gabriel Welch, Apt. 12C, 330-East 39th St.,NY,NY, 10016 Prepared b- Mark H. Robinson Executive Director THE COMPACT OF CAPE COD CONSERVATION TRUSTS, INC. 3179 Main Street, P.O. Box 7 Barnstable MA 02630 l Tel. (508)-362-9131 ` . Mark R.IR6binson B. Description of Propel Location: 499 Sixth Avenue, West Hyannisport Assessors' Map 245, Lot 98 Acreage: Total Area of Restricted Property: 0.68 acres approx. Upland 0.68 acres approx. 15 I USGS Topographic Quadrangle: Hyannis, Mass. (7.5 minute series), 1979 Longitude: 70° 18' 30" Latitude: 410 38' 00" Abutting Properties: (single family residential on undersized lots) North: Forest Street (private way) East: Fifth Avenue (private way) South: Ocean Street (private way) West: homes on Sixth Avenue (private way) Man-made Structures/Improvements: (see fuller description in baseline data) brush and leaf piles, footpath, cleared area Physical Environment: Barnstable Plain deposits (glacial outwash) Carver coarse sands, 0 - 3 % slopes flat dry upland Major Habitats: Pine/oak woods Potential Threats to Property: residential, storm damage C. Intended Frequency of Monitoring for this Restriction: annually, to be performed by the Barnstable Land Trust 16 i EXHIBIT B BASELINE DOCUMENTATION REPORT Description and Background Information SEASIDE PARK, WEST HYANNISPORT MA A. BACKGROUND INFORMATION 1) Chronology and Purpose of Donation: The Welch sisters inherited this property from their parents Thomas and Mildred Raggett. The family has owned and summered in Seaside Park for many years. In 1992 the Welchs desired to reformat the small lots and, in comformance with a condition for variance approval from the Zoning Board of Appeals, agreed to place a perpetual conservation restriction on 7.5 of these 4,000 square-foot lots. (See Appendix H & I.) The intent of the family is to preserve the property as a green space in a rapidly-growing neighborhood which has no common open area. Barnstable Land Trust (BLT) representatives were contacted in Spring 1992 about holding a perpetual conservation restriction on the lot. BLT sought the technical assistance of The Compact of Cape Cod Conservation Trusts, Inc. a non-profit regional service bureau, in drafting the conservation- restriction. Seaside Park is a classic example of an early summer colony subdivision. Platted into 619 lots in`1893, most of the lots were only 4,000 square feet in area. (See Appendix F.) Many neighbors assembled several contiguous lots in order to build a house, but some small cottages are located on only one tiny lot. About 90 percent of the subdivision has been developed to date. (See Appendix E.) The developers left no common open space or park for the residents. Any land left undeveloped, such as the Welch lots, will provide a pocket of greenery in this densely crowded neighborhood. B. ENVIRONMENTAL FEATURES The restricted Premises are part of the Barnstable Plain deposits, glacial outwash material left behind as the Wisconsin glacier retreated 12,000 years ago. The surface is flat, elevated about 15 feet above sea level (outside the 100- year floodplain) and composed of Carver coarse sands, the typical droughty assemblage found throughout the south shore of the Cape. The Premises are thickly wooded with a typical pitch pine/oak canopy. (See photos in Appendix G.) The trees are fairly mature and reach over 30 feet high. They experienced moderate damage during Hurricane Bob in August 1991. Other plants observed on a May 1992 site visit include cultivars such as english ivy, yew, rhododendron, bamboo and daffodils, and indigenous vegetation, such as greenbriar, red cedar, black cherry, wild grape and honeysuckle. No rare plant species were observed or expected. 17 i No faunal survey was undertaken, but upland game species, including pheasant, rabbit, fox and red and gray squirrels, might visit the site. No wetlands were found or could be expected due to elevation and depth to ground water. No significant boulders were exposed and no significant trees were observed. C. MANMADE FEATURES (See Appendix H.) There are presently no- foundations or evidence of any previous structures on the Premises. Some small leaf and brush piles are located at three spots on the Premises (see manmade features sketch in Appendix H.) A footpath traversing the Premises 75 feet south and parallel to Forest Street is used to connect the Welch house at 499 Sixth Avenue with their cottage at 158 Fifth Avenue. This footpath (See Photo, 3) is about four feet wide. A cleared, grassy border about 10 feet deep parallels Fifth Avenue. This area is used to park cars for visitors using the cottage at 158 Fifth Avenue across the street. (See Photos 1, 2, & 5.) Some tree work resulting from Hurricane Bob damage resulted in disturbance to vegetation along Fifth Avenue: (See Photo 4.) D. APPENDICES A) Regional Locus Map B) 1979 U.S. Geological Survey Topographic Locus Map C) Cape Cod Road Atlas Locus Map D) 1988 Barnstable Assessors' Map E) 1991 Surrounding Land Use Plan FI) 1893 Subdivision Plane F2) 1991 Survey Plan G) 1992 Photographs of Restricted Area H) 1992 Manmade Features Map & Photo Stations I) 1992 Variance Decision, Zoning Board of Appeals E. REPOSITORY This Conservation_Restriction, and Exhibit A and Appendix H, are to be recorded in the Barnstable Registry of Deeds. Copies of the complete Restriction, including Exhibits A & B and Appendices, will be provided to the Grantors, the Grantee, the Barnstable Conservation Commission and Zoning Board of Appeals and the Massachusetts Division of Conservation.Services for safekeeping and reference. . a 18 -P DRISCOLL & DAVIS ATTORNEYS AT LAW �� -- 1000 PLAIN STREET y MARSHFIELD, MASSACHUSETTS 02050 (617) 837-6115 JON S. DAVIS TELEFAX (617) 837.8253 PAUL J. DRISCOLL WILLIAM E. STANTON DONALD L. GIBSON* MEMBER OF THE FLORIDA BAR M EMBER OF THE VERMONT BAR HOLLY K. HARRIS** JOHN F. GARRITY KEVIN DONIUS April 7, 1992 Mr. Dexter Bliss, Chairman Barnstable Zoning Board of Appeals Hyannis Town Hall Hyannis, Massachusetts 02601 RE: Request for Variance Estate of Mildred W. Raggett Dear Mr. Bliss: Please be advised that I represent Mr. and Mrs. Joseph McDonald in connection with their interest in the above-captioned petition for variance. I have been in contact with Russell E. Haddleton, attorney for the petitioner, and believe that we have reached an agreement which will mutually satisfy our clients. Mr. and Mrs. McDonald are willing to withdraw their objection to the petition for variance if the following conditions are met: 1. The conservation restriction, in the form attached hereto, is executed by Jane F. Welch and Barbara Welch; approved by the Town Manager for the Town of Barnstable; approved by the Secretary for the Executive Office of Environmental Affairs for the Commonwealth of Massachusetts; and the request for the restriction is executed by the Barnstable Conservation Commission. 2. Evidence will be provided to the Board of Appeals and to this office setting forth the fact that Jane F. Welch and Barbara Welch are now the sole heirs with respect to subject parcel under the Estate of Mildred W. Raggett. Furthermore, evidence should be provided to the Board and this office that disclaimers have been filed in the Barnstable County Probate Court in behalf of Dr. Gabriel Welch and Mary-Louise Welch with respect to their interest in this property. 3. Finally, if a variance is indeed granted by the Board, we ask that the Board allow only three lots, instead of four, out of the subject parcel. The variance would allow two lots (with structures on them) , each having 80 feet of frontage on Sixth Avenue and having 100 feet in depth. The third lot (which would be the subject of the Conservation Restriction) would have 300 feet of frontage on Fifth Avenue, extending from Ocean Street, and would also be 100 feet in depth. r DRISCOLL & DAVIS Mr. Dexter Bliss, Chairman April 6, 1992 Page 2 I understand that the aforementioned conditions are agreeable to Mr. Haddleton. I trust you will implement them in connection with this matter. Very r o s nWi ton for DRISCOLL & DAVIS WES:hll Enclosure Y' y / ,2 �"T G CONSERVATION RESTRICTIONS We, Jane F. Welch and Barbara Welch, both of New York City, New York, in consideration of One ($1.00) Dollar, grant to the Town of Barnstable, a municipal corporation of Barnstable,Barnstable County,Commonwealth of Massachusetts,a perpetual Conservation Restriction pursuant to M.G.L.A., Chapter 184, Section 31-33, on the land in said Barnstable, within the Village of West Hyannisport, further described as follows: I: Two certain parcels of land on the westerly side of Fifth Avenue and being the lots and parts of lots in Block G, Section D, as shown on a plan of land entitled, "Plan of Land in Hyannisport, Mass., Owned by the Seaside Park Association, Boston, Mass., August 1893, Fred O. Smith, C.E.," which plan is recorded in the Barnstable County Registry of Deeds, Book 34, Page 23. First Parcel: Measuring one hundred (1.00) feet on the west side of said Fifth Avenue and one hundred (100) feet deep, and being lots numbered 356, 358 and the southern half (20 feet) of lot numbered 360, on said plan of Seaside Park. Second Parcel: Measuring one hundred (100) feet on the west side of said Fifth Avenue and one hundred (100) feet deep, and being lots numbered 352, 354 and the northerly half (20 feet) of lot numbered 350, on said plan of Seaside Park. II: One certain parcel of land located on the northwest corner of Fifth Avenue and Ocean Street being Lots No. 346, 348 and the southerly half of Lot No. 350, as shown on the aforesaid.plan of land. The total distance of said lots measuring one hundred (100) feet on.the north side of Ocean Street and one hundred (100) feet on the west side of Fifth Avenue. The terms of the Conservation Restriction are as follows: That neither the Grantor nor their successors or assigns will perform the following acts, nor perniii others to p&rfeorm them, hereby granting to the Town the right to enforce . these restrictions against all persons: 1. No building, sign, outdoor advertising display,fence, mobile home,utility pole or other temporary or permanent structure will be constructed; placed or permitted to remain on said parcel, except as provided in Paragraph 5 hereof; 2. No soil, loam, peat, sand, gravel, rock or other mineral substance, refuse, trash, rubbish, debris, junk waste or unsightly or offensive material will be placed, stored or dumped thereon; 3. No loam,peat,gravel, sand, rock, or other mineral resource or natural deposit shall be excavated or removed from said parcel in such a manner as to affect the surface thereof, except as may be provided in Paragraph 5 hereof; 4. No trees, grasses or other vegetation shall be cut or otherwise destroyed, except as may be provided in Paragraph 5 hereof; 5. Notwithstanding anything contained in Paragraphs 1 through 4, the Grantor reserves to themselves, their successors and assigns, the right to conduct or permit the following activities on said parcel: a) the cultivation and harvesting of crops, flowers and hay; the planting of trees and shrubs and the mowing of grass; the grazing of livestock; and the construction and maintenance of fences necessary in connection therewith. b) the cultivation and harvesting of forest products in accordance with recognized forestry conservation practices, including the construction of fire roads, provided that all slash is removed from public view. The foregoing restriction is authorized by M.G.L., Chapter 184, Sections 31-33, and is intended to retain said parcel predominantly in its natural, scenic and open conditions, in order to protect the natural and watershed resources of said Town. The restriction shall be administered by the Conservation Commission of said Town, established under M.G.L., Chapter 40, Section 8C. It is expressly understood that this Conservation Restriction is perpetual and may be released only in accordance with M.G.L., Chapter 184, Section 32, AND by written assent to said release obtained from all the owners of Lots 491, 493, 495, 497, 499, 501, 503, 505, 507 and 509; Lots 346 through 365, inclusive; and Lots 266 through 285, inclusive, all as shown on plan of land entitled, 'Plan of Land in Hyannisport, Mass., Owned by the Seaside Park Association, Boston, Mass., August 1893, Fred O. Smith, C.E.,"which plan is recorded in the Barnstable County Registry of Deeds, Book 34, Page 23, who, at the time the release is requested, own said lots. 2 N The Conservation Restriction hereby conveyed does not grant either the Town or the public any right to enter upon said parcel, except there is hereby granted to the Town a permanent easement of access to enter said parcel by its Conservation Commission for the purpose of inspecting the premises and enforcing the foregoing restrictions and remedying any violation thereof. The right hereby granted shall be in addition to any other remedies available to the Town for the enforcement of the foregoing restrictions. The Conservation Restriction is intended to conform and comply with all applicable provisions of the Zoning By-Law of the Town of Barnstable, and shall run with the land in perpetuity. For our title, see Estate of Mildred W. Raggett, Barnstable Probate No. No documentary stamps are needed for this instrument. IN WITNESS WHEREOF, Jane F. Welch and Barbara Welch have caused these presents to be executed this day of April, 1992. Jane F. Welch Barbara Welch STATE OF NEW YORK ,SS. April , 1992 Then personally appeared Jane F. Welch and acknowledged the foregoing to be her free act and deed, before me, Notary Public My Commission Expires: STATE OF NEW YORK ' SS. April , 1992 Then personally appeared Barbara Welch and acknowledged the foregoing to be her free act and deed, before me, Notary Public My Commission Expires: 3 58 S1 b E ,•w 93 , GO low- o a•aliftc• VDG 59 92 . E atl'c CC, 120 65 E a•ac• Ili o e Mac '" 60 lew • .� 09 aVC• = a *gi+c• SS E s b 'ew i 91 E. E.a•a& 119 Y �. g6 a•W .1 a•►C. s to .4 64 b !•►c ,sac• aeec• saa •° E T 74 E 99 ,sOo- E ' • 1 '° t4 W �,:,. 6.3 3 3 sec• � o . < 29 �• 62 !sw 127 I294C. 53 .41 E l•ac• A 144 !!4C lTAG 100 1 ASS � �.. J t o 4 t • 9S 99 HS 23W 41w q1 126 66 Jew.- .1•+ ieaw S2 je�• 96, 122 125 oor- ,e►� MAC so b 10 ,75 1•a C' 98 3 ns i24 t 3TWAr q8 2 t a 49 14 �. 11 •1g� � N9 tow E a•ac. $ �;4C• •�� T3 b as►a 1 12 ,•w • E )sit& . 31 -� COW. i00 1 t.•3UG OGt4N 4. ng 4 i oo E ;;,°t ro11►a . rt9 u4W 4T � b .le►c• g4 --- 3sAt. b sew E.10K. 106 - c • e .102 48 so ,•W 106 sW E b !•ec. s AID• • 91 82 c S 104JOS �''►�ti pro )SAC- w 137 L401 � Ilar 46 �sose 40w• 134 E 43 4244. �4C jGAC- K• �� 40 4O S a6w by 1�5-2 s 1.22A� a s � - r 33 ' 9.97•C.-9 �� * 1.O0AISO Mn gsW a. e ; LN� 3T - ti 934C. 4! . lee C3 tMtt1 - SEW 131 -i 35 loNG ° tl A&& 003 i Jvv S� N l 4 } 1 QUERY PROPERTY: QUERY END QUERY PROPERTY PENTAMATION----------------------------------------------------------- 07/16/97 PARCEL ID 245 114 GEO ID 14900 LOT/BLOCK VARIOUS DBA PROPERTY ADDRESS OWNER WELCH 158 FIFTH AVENUE MARY L JJ&SANE`& WELCH BARBARA GABRIEL W. Hyannisport 330 EAST l3-9=THZST�APT 12C NEW YORK NY,----' '10 016 �- 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 17859 . 6 OPER/MGR NAME WET LANDS MULT ADDRESS USE 101 (N) EXT / (P) REVIOUS / NO (T) ES / PER(M) ITS / (V) IOLATIONS / (G) EOBASE / (E) XIT This value is not among the valid possibilities �f ,//ice 9 7 / IT-2 r ir IIIIIIP 510 MWA �-� - - d _ M w f �/ _ /• v i' i 1 �t x ., - 'i 1 Engineering Dept. (3rd floor) Map Parcel / Permit# 9 House# Date Issued /a2 Board of Health(3rd floor)(8:15 =9:30/1:00-4:30)/7UJ/0i f2f M-1-P -?4rFee Conservation Office(4th floor)(8:30-9:30/1:00-2:00) Plannin Dept.(1st floor/School Admin. Bldg.) THE Nojectee Approved by Planning Board 19 SEPTI WST S INSTAL PLIANCE TOWN OF BARNSTABLE E s ENVIRONMENTAL CODE AND uilding Permit Application TOWN REGULATIONS t Address ✓S� S oi; a, Village—ea4�,yi,S��Ar &lad, Owner f�63,4,8/d C,/g/o 4, Address Telephone e21-24- J06 7- Yl V 7© wed Vlle , .66 V Permit Request -? i.f 2 P041,,AJ 9` /L 1 � �111ZI-lig /"0 rAr Oar/ .e,Y First Floor square feet Second Floor square feet Construction Type Estimated Project Cost $ ll;dQd,[y6 Zoning District Flood Plain Water Protection Lot Size Grandfathered ❑Yes ❑No Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House ❑Yes [JNo On Old King's Highway ❑Yes 20o Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: 'Existing a- New Half: Existing New No.of Bedrooms: Existing 3 New Total Room Count(not including baths): Existing New First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other Central Air ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove. ❑Yes ❑No ,.Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size) ❑Attached(size) ❑Barn(size) ❑None ❑Shed(size) ❑Other(size) Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes O'No If yes, site plan review# Current Use Proposed Use Builder Information Name (Uyllf" Telephone Number GP*-/ Address e6 ge-l-k L,4, License#— GO j i 7cr 9/14-y,1V14 N14- G �401 Home Improvement Contractor# 9 Worker's Compensation# NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT) SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE G/ G%� DATE /A la o� BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S) FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: rr�J � FOUNDATION 1-d -M.9z " + FRAME + INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: �%&GHQ„ ,- FINAL FINAL BUILDING=, tc :.� DATE CLOSED OU' •� f� + ASSOCIATION PLAN 00 er °� Mrt A �TMe The Town of Barnstable ,�ersr�, • � �' Department of Health Safety and Environmental Services %6 61 Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 16, 1997 Barbara Welch 158 Sixth Avenue West Hyannisport,MA 02672 Re: 158 Fifth Avenue,West Hyannisport,MA Map/parcel 245/114 Dear Ms Welch: I regret to inform you that you are in violation of Barnstable zoning;specifically the terms of your variance of May 15, 1992. In that variance,Lot 245-114,known as Parcel D,was required to remain as open space in conformance with the terms of a conservation restriction which was endorsed by EOA,the Zoning Board of Appeals and Barnstable Land Trust. Our investigation shows that you cleared that lot and have planted a lawn. This puts you in violation of your variance. You must return this lot to its natural state within 14 days of your receipt of this letter. Failure to do so may result in enforcement action. If you disagree with this letter,you may file an appeal with the Zoning Board of Appeals. If you so choose,we will be more than happy to assist you. Sincerely, OTC. V Thomas Perry Building Inspector TP/km cc: Jacalyn Barton,Town Councilor Gail Nightingale,Chairman,Zoning Board of Appeals CERTIFIED MAIL P 339 592 398 R.R.R. Q970716A °FINE A ti .. The Town of Barnstable MAAq- a�xrrsrnscE, • 9�p �m� Department of Health Safety and Environmental Services 'fog" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner For office use only 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: /"gL&_ ,:?, pogow Est.Cost 9 e�d�®r0,0 Address of Work: /5S00 S� 4ue to, 4� , Owner's Name d✓ �4 LUl?!N� Date of Permit Application: l /re A*6 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 PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date G6ntractor Name Registration No. OR Date Owner's Name The Corrrrrronivealth ojlltassachusett-s Department ojlndtrstrial.4cciJerrts OIIICVfifIty=19,7tlotts 600 Tt•usltitr.;rutr Street 4i-��a•���:+� Bustna. A1uss. 02111 �- Workers' Compensation Insurance Affidavit � niicre - Mime PRiNT1EN— .�--•�---r---- ------ - - liw name �f ll Ls, (� T Ef�•t! - - 56 IN,--H- 4.41 city fl;/-9A/�f//S� �/vc�s Phone# ❑ I am a homeowner performing all wort: myself. 1 am a sole proprietor and have no one working_ in any capacity 0-1 am an employer providing workers' compensation for my employees working on this job. address .� � Phone#• -7 F&-6insur-ince co. IeXdUP toles' P, Policy# 7 c..�._�....�_ __ .. ❑ I am a sole proprietor, general contractor, or homeowner(circle one) and have hired the contractors listed below the following workers' compensation polices: comrinov name: tioires cit. nhonc/t• cnmfInn,%, nnmc• Iddre e- citv Phone it• sur•tn c olt •0 :Attach aJJititinal sheet itneees�ar�••' »�•�'i'e"'�. s�-+'.�+r �+�' ••►r. �+� - •• - � - Failure to sceure coverage as required der Section 25A of A1GL 1si can lead to the imposition of criminal penalties of a fine up to 51.500.UU one rears•imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine ofsloo.00 a day against me. 1 understant copy of this statement may be forwarded to the Olrtce of Investigations of the D1A for coverage verification. _ I do herchr cerrij•tinder the pains and penalties ojperjun•that the information provided above is true and come et. Signature G , ��G Date �/�t�i Print name Phone •.•V.��YY.vi otTciai use oniv do not write in this area to be completed by city or town otricial city or town: permit/license# ntluiiding Department C31.1censing Board ❑check if immediate response is required 0Seleetmen's Office 011e20h Department contact person: phone#• r"tOther r . 'information and Instructions equires all employers to provide Massachusetts General Laws chapter 152 section 25 r �n ice of another u»dc employees. As quoted t omr::r. the "ia�v". att elrtpint•ee is defined as every person in the. sc contract of hire, express or implied. oral or written. vo or egal An eynplt tj-er is defined as an individual_ partnership. association_ corporation esentativestoter faldeceas1cdtcmplove t`or it the fore`_oing enua�sed in a joint enterprise. and including the leMal p receiver or trustee of an individual . partnership. association or other iegal enu employing the 0' pan of tilt oNN•ner of a dwelling, house having not more than three apartments and who resides �x-cilin�_ house of another who employs Persons to do maintenance , construction or repair alti dr t thereto shall not because of such employment e deemed to ben e or on the `rounds or building appurtenan GL chafor an, ter 152 scajon 25 also states that e-*•ery state or local licensing abene}•shall «Iitltltulel the issuance M p renewal of a license or permit to operate a business or to construct but h the insulrance co ctrageirequired. applicant who has not produced acceptable evidence of compliance with Additionally. neither tite commonwealth nor any of its political subdivisions shall ranee reter t uan resits of th os chc performance of public workr tile until acceptable evidence of compliance with flue �nsu q been presented to :lie contracting authority. • Applicants Please fill in the workers' compensation affidavit completely, by checking the box be that ttotes to your situaticl- the Department f supplying company names. address and phone numbers co Terace11 Alsoavits maybe sure to sibn and Jate flue aflida�'►t• 71; Industrial .•\ccidents for confirmation of insurance tidavit should be returned to the cit}• or town that the application for the permit or license is being if you are re of - not the Department of Industrial Accidents. Should you have any questions regarding to obtain a workers compensation policy. please call the Department at the number listed beio�\'. - ._.. _ -w:T_..► �_�.. ... . _.. .. ... . fir.•• C1R' Or ,l•0�,%'n5 a space � re that the affidavit is complete and printed legibly. The Department has provided regarding the a tile bc Please pplic r. be sure the affidavit for you to fill out in the event the wo it Office V �be used as a refer ere number.y7'Ite affidavits may be re: be sure to fill in the permit/license number the Department by mail or FAX unless other arrangements have been made. Tite Office of Investigations would like to thank you in advance for you cooperation and should you have any q 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 < G A V f� /�pNpN►s�fiA1DP �, e'� � �rq ✓� U/�Y�J2�Tb��tl P�✓%I�GGS4GGdtL[0�[6 AEPARTNENT OF PUBLIC SAFETY tir: CONSTRUCTION SUPERVISOR LICENSE Wer _`'. Expires: = Restritted-To: 11 ` r _ BILLY E CAUTHEN 86 BETH LN HYANNIS, NA 12611 ,r L 8 F , . �,_ ,� - , � �_, .. ., .. ` . .. y ��� ` w �y ,` .. -�-.-�- t -- -__ - -- __ � µ. � 1 � � 1 . ` , • ,\, i e* ,` •. L ` .� _ .. •\ � QUERY PROPERTY: QUERY END QUERY PROPERTY PENTAMATION----------------------------------------------------------- 07/16/97 PARCEL ID 245 098 GEO ID 14884 LOT/BLOCK VARIOUS DBA PROPERTY ADDRESS OWNER RAGGETT 158 SIXTH AVENUE MILDRED ESTAT 01 BANK OF BOSTON W. Hyannisport 68 WILLOW STREET YARMOUTHPORT MA 02675 PHONE DISTRICT HY DEVELOPMENT STATUS D DELETED FROM USE CAPACITY(NOTES) ZONING DIST/ZOC RB SEWER SYSTEM FLOOD PLN/ELEV. WATER SYSTEM OKH? # BEDROOMS ZBA DECISION FAMILY APT LOT SIZE 45738 OPER/MGR NAME WET LANDS MULT ADDRESS USE 101 (N) EXT / (P) REVIOUS / NO (T) ES / PER(M) ITS / (V) IOLATIONS / (G) EOBASE / (E) XIT This value is not among the valid possibilities I -y J H H TUAT APPENDIX A NOR EL REGIONAL LOCUS MAP A /I11160 Seasi a �crki Conservation Restriction 112st Fyannisport MA PEM K OVItJCETONM 1 �p au; RY ) �' o� J O TRURO U - JK114 q a F, o LLFLEbT 0 _ •y p P O , a CIO &MOUTH Q o = e Y 0 0 s v a u o p Q - {� p= - EASTHAM — - o AM ORLE S 0 a p = SREWSTER�) f� � ass•• MARION BOURNE DANIS.o . •b o �j SANDWICH z_ =�e _ • H 6; AU r, c•�• �• ° coHARWI x d BARNS ABLE p R YARMOUTH o-r. CH CHAT TTAPOISE T O * 0 u 4 0 'AIRHAVEN IA/Qo 1 ' p H EE 9 w Y IA S � F TH b6 0. P G I RY BWFFS EST TISSURY I MARTHAS VINEYARD EDGARTOWN CHILMARK GAY HEAD N { � s�cale •OMAS u.* • _� 0 miles T NANTUCKET L s • - % V • • • • • We • • i_ ._ •11 lo US Will MORE Mill, n,6,FRIlilt �,(�;'. .�, 1�1� - • W • -• � Y�� .� ill ® .�\� 1 Oil � •, well, • a �� p • I all 121 Mir., LAMM � -�� tit► ` =���, � - _ L 3. �,• ,,h►> 57 [� WRY lip - �_ �-3 ``:i� ' �l"-► �-�� .c,-q���•�a�7t i,�. a ��3 y� � '+' --•'FN;,.�R4.f �ram-" ;e } t "it - RR11 O � fi A('• - �' , _ yq...< ,.Y• r_:` L v L - a '� ` y � 2 �? • APPENDIX F. Seaside Park Conservation Restric West Hyannisport MA 1893 Survey Plan of Land C O U N T Y • ROAD T. u l t e eass r' w o) •.. /•r 1 ,.f ,•d 1 )41 it a• 70 b Y G.I Yq a,r 1 u l If f/ J n/ 1 vra a 1 r•a yr ••. 1 iu n♦ n 7r 7 lu> 1 ♦u 1 nt q I 1 7 ) f + Mi17a�E STREET [ r•• Iri ri/ Yla of « ••1 at I aal !I 4J t« N 4« N V•1 N Nr •r r11 ,« 1 !•1as a sa tas, •n Y a•> » •aa nr b, 1 !!1 !• as Isu w •V Ia !f• + aI y W lass N MAML tr• 1 « N 4 Y W •q r« W «a W . yl ) 1 « W N ♦ W I. • • YI 1 •♦ >r • >1• as Q I.e. v. Q •.. ss Q•a• Q a PINE STREET . r aea vn IN, fa Uaa a. [••, .t rr nH 1 de Ta !tr Nu a• aa•• rc• 1 i A 1 6 all •> 1 vrr JY tr, n f>e sl 1 Z 'a 1 •r t•r na au I* IN• aR taq /r r 1 • Z •t a+ a>d " H/ trr Nn a tY1 Ir• 1 ,l•i O M It, N r 1 9 fra t ♦eL VY /71 Yra U ♦r n, N ,n na l w le K ♦O t Na [ « n � d 1 FOAEST > STAEET r ) 1 a•! Na a iN 9al af♦ u Yq t i ar Y, . as ala •% l V.r aY Iq• m » •.x Z Sf7eaa o •% 1••• )% =uar to 2 „ QOA K rSC, W sad ♦« �ttrr »r ass, tr It . r• rsa wwan .•a ta.a ur 4 •)a a y/ fl VI Mf Jq a•, 0 r A ••t a♦i i lr7 • � ay 4 % n, f•. w ass l au a a q a., / f t OCEAN STREET rr »• - Y/ 1 V •.• ♦r Irv. r a"� r 1 r•• an Ise lya I� a> . n 1N Jyr ur � • m N. lay FR •s [[e fu Iris iq ar N It Yr Y ICJ 4 Yr ^« � Y W • R 0 ra .•a! to aat .r/ ut B/RQN S _ ra a, rs !,a •f n• ••a «Y o In �� BIE ) STREET A TRACING AND TRUE COPY _) � -�. -1,$EAgIDE PARK, �+..-r...n.�++r+�. — REGIGT6q A y811tj f s Pork► Mass A..y.4//of ii..or n... - - e••«a•r•.dfw[Ila Pwaa♦.«•Iwt,w..8•tT«l. �l 9i:.d6.az,rrr•7. Sw.t:ew A Iw•Y••a t4.. .. • - d..aty>rt. .,.:.awr/p 1...a ... , Au3- 1893. Mass. - b 7.rG«. 6.n5 Rr s..f o State 100 fact t0 an inch. " a - �.• b 7—v-a., V." f JLwwa- - E ....t/.♦At�pur ate•✓r f�rC r.� „ E APPENDIX E. ���' \• :::�; ::_ ::>:: Seaside Park Conservation Restrict' West Hyannisport MA -a 1991 Surrounding Land Use Map ►, � w. , vacant developed rv• r• , ` ✓_r� A .1,.J.. \`' ram.;.;.. `.. •�/f. �'• y. M.Y I' 4. .0 Y .'.�•• 1� 1. — � ♦ ni T Zvi-'+� •.. .'�•� ''Ti:" �,., "K, Y�. .J:.��v. •'a * a•'� :- ��:� +yam !'��� "t:i� �1, .,+ a'�. •^►„'+;'�.�!�•�.; .41 �:`1•:':':' :':;.. _ .• r..t)•.'; `r I•�• .•(•.•I' :/'�:i: :>~: ,. FM '� .!Y! ',^.`. 1: ^� .ate r f�•. : \ f ��:. ..• :�� . �: ••a+r; V nay , ` ^.5,.. ''� 11Y ' :.;: :x:.•. .fir:;;:.. :. :: .� ( ;P .'1 1^' • }•�J /1st, J. •y� go k 401, 3 J. W E5'� �IYDddN�5Q0�'r • �,Ot 100� 'f�i6ED Of: OtkV (PING IOODovw2oNS APPENDIX F.2 Seaside Park Conservation Restriction 1.991 Survey Plan ' 1 I CERTIFY THAT THIS PLAN HAS N BEEN PREPARED IN CONFORMITY WITH BEAU' ROAO THE RULES AND REGULATIONS OF THE Rp1 N y REGISTERS OF DEEDS. < c R.L.S. 2 LOCU'/= CENT R L Y m HARBOR 0 LOCUS MAP W SCALE 1 25,000 ASSESSORS u MAP 245 PARCEL 98 c GRAPHIC5O SCALE ZONE 01 60 R8 k A.P B.R.B. WILLIAM J. k MARJORIE E. FND. o ' WETMORE BOOK 1421 PAGE 407 ro B.R.B. N87'21'36'E o FND. 100.00 b 0 W 0 OEORGE P. h HELEN K. j S WRIGHT v BOOK 1398 PAGE 320 �Z 0 0 y C.B. C.B. 12' TO CB FND. FND. N87'21'36'E lOD. . ._ OFF 100.00• LOT D n 14,983 S.F. m � �1 LOT A FRAME W 0.34 Ac. DWELLING 7,998 S.F. a m 5.0- 16.65 a 0.18 AC. I w 1&20 K1 I1'�l W u` ry 's 1 100.00' 1 n NBP21'36'E 1 . LOT B `+ 7,998 S.F. FRAME m 0.18 AC. OWELUNG W S.0- 1620 0 T Yf 100.00' g LOT C .S8_21 36 W 0 14,983 S.F. 0.34 Ac. 16.40. RICHARO L. &PRISCILLA A m ESPANHAIN BOOK 5051 PAGE 180 e z B.R.B. R. 10.00'1 FND. A. 15.71' HIT OFF 90.00, 1B0.00' se V36"W I.R.8 Ei.R.B. STR��'T PLAN OF LAND FND OCE,41 IN 1957 TOWN LAYOUT 40 WADE (WEST HYANNISPORT) BARNSTABLE , MASS. FOR THE ESTATE OF MILDRED W. RAGGETT SCALE: 1"=30' DATE AUG. 13,1991 BAXTER L NYE INC. REGISTERED LAND SURVEYORS BARNSTABLE PLANNING BOARD CIVIL ENGINEERS OSTERVILLE, MASS. APPROVAL UNDER THE SUBDIVISION CONTROL LAW NOT REQUIRED. ' DATE: /DEED�REFERENCES: SK 1044 PC. 119. BK.1065 PC. 516. BK. 739 PC.516. &BK.739 PC. 515. #911 APPENDIX H. Seaside Park Conservation Restriction N West Hyannisport MA T Scale : 1992 Manmade Features & Photo Stations 0 feat 40 Sketch based on plan Book 34 Page 23 KEY Block G © = Photo Station F 0 R E S T S T R E E T View Direction of Photo Lot 364 a i 362 60 2 7 358 x 00+p4tatzj 3 b,r�sl. 356 � z _ Pi z c tzj rr, � 354 tzj 352 H 350 M 3 Pi le M 0 346 ' O C E A N S T R E E T 5 APPENDIX H. Seaside Park Conservation Restriction N West Hyannisport MA Scale : 1992 Manmade Features & Photo Stations — 0 feat 40 Sketch based on plan Book 34 Page 23 KEY lO = Photo Station F 0 R E S T S T R E E T --�= View Direction of Photo Lot 364 362 60 2 W 358 etP4th 3 �' c br�s� 356 txj - C z tri tzj C 354 3 352 ZZ 350 3 4.8 bras� File M 346 O C E A N S T R E E T 5 L J• i �H H f� TUAT APPENDIX A i NO EL REGIONAL LOCUS MAP A ►taLo Seasi e :Par' Conservatiod Restriction • West Hyannisport MA PEM K C O%nt4CETOWN CUXMJRY ) P 80i `V �\ l7 TRURO K IV - C c LLFLEST 0 0 °. o D Q op• &MOUTH 6 �. 0 ' e 0 0 s e EASTHMA AM - ORLE S A = •P'° C 0 o a ee i BREWSTER� + MAR ONBOURNE -`= = _ _ DENNIS, f SANDWICHISH = __ w • r A _ °•„ 4 . a j Q BARNSTA,B,LE v ° VARMOUTN �.HARWICH CHAT�M • TTAPOISE T C O 4 0 °J�/ ° Q Q 1 a �4l ° ARHAVEN �, e D H EE a '• o 0 i F TH oa a s a ono G t; I RY BLUFFS EST TISSURY ` MARTHAS VINEYARD EDGARTOWN CHILMARK a GAY HEAD N scale , 0 miles I NANTUCKET ..ice. .. WMA MW ARWHY NEV/4 myl wal C Ir 1 'REAM` � ). ! Ilk "®r, Ml 20 in e TER , ► �r�� I • 19 ® ` �y • a �� O 16;r�vwo •'P 1/ • N if13•.a:,Q7�/�v nj�a, '7. �_ Lam,` '��•- . ` �� � 1 rY icy R •. rah 193 imp., I I kYC °r` i � r `•,• ��'x r � 1 +s" ,,,.�� tI � ��r��'%� x'' t�'�a1/.�.-�r � __ ��•�e C .S� �:a�Q.� - f- n.,. c, t`t' '� ��+:.'+�"'�T�.lam'�i`•''Y',�S) '� x r R� i . �. - Cam,. � _... f�. ti '4� 1 y i'� t. :�t,$�' •s L f ,.' }`"� ��e'4 i.i' 'YK E. _ .. APPENDIX D. :erva Seaside Park Conservation Restric port ASSESSORS MAPS West Hyannisport MA Lan( et b 1988 Assessors Atlas Map #245200, 112 y ,•'c 0 12o s 56 L < ,. 67 .161, 111 o OS or- 119 ee b 1 se ,• )SAC. b f t ae �s A �.. s J+K 90 -- 63It OZ. :?C 'ti 1ts•c 3 b ' t �A �:x;.t..• ..:.;.. T• a ff tf t 9q a A26 � w '061 6• J.K• y 1s+ S '� J•K g6 E ��►t. 12� tJSK• +Iw 7e b J•J4 r1 J•/t 69 JSAC. 114 �'• ' S Jfw O �•4 s � s t� 116 12+ so b w b 4 w G SSA- Iz3 �I tw 70 ,• ZA X� 3 JfK• ` yik 69 4 � '. N N6:.�•, � .f+w b tl J•rc• � � sSJ,a ftitft 91 13 J•wIts A° 31 / ,6 oca►M to 10�4 Iff 1,+Jt 846AC t.•f w S of K s' .>>At 106 • :n:' � S Jfr't' ^ N aK 11 . ^ tsar- so si SA 1 S ft�tLt pw .f. 6 e` croft a 4 w b w 03 •t '' s 4 .• 1. Tr Jett. jPW 40 s At- So 33 3° LN • oic. ftRlLt ffKN 1 . 131 � .M ^rw. :. I I I IfITITT I I In APPENDIX E. �. «�'•/ti .;> �•' :r� Seaside Park Conservation Restrict ,,.,, .:�>•.,. .. .��• .� to � ,..;. West Hyannisport MA \�: -� '�;•':"'; •, , \ o 1991 Surrounding Land Use Maps vacant t _ ;�,� ;' ❑ = developed t1 •/ i• � r. .•-.rr.:,•}".fir- r. '.3i:• .``I::�:�iii:�:�}:��•'�:�ri' J' _:. i . �' .• .1�-:. T !7•r� of �' .'1 '� • '1' T• , ,Y w N. -4� �, �;' •�/r��� '� -?1,'•�� Ra n•+�."#? .^�:'tip?n•a ',r.`;:� p:.�r' ��-1•'''i:: � ::5+.• '•"' '�1 fit. "T^.f- �+,:"!►,'�.•.':� ,�. •...:r•.. Vk �••i .t'.'''•• .'I.' •-' i :fit. !a •• A '�rr.S :::r'.;.;. +j :� .i� 'X• .!j °•:.•.�•' i. .:% Fn: '�"1 .0 ^2^.� rre�f �: � '•i.• •.r. :• '' ..�• L. 7/►e .♦i �i .,;�.yam,.} .,A .•.�••.r�, 1♦ �:; •::•.•: I •:Y..•.•. ``j: :, .✓. ,r ., .C•::'•'•f�. ;4 r S„• IS t• .7 1.�. •i,�'n • t}�t- ' •:i:•.•.' �.•.•: :: :•. •� .• �) n4 ',�• ,. sue, :��i-1. �, '.�.!•' .!:':� .� .,;r•: I:•:':'.•;,=� ;',;:;: .'may •'n•' �'r:• •:•�:• ,a.;.•• ,�• :•:: , �� �.• 1 :7'::: (/ Wj :..�..:•r,.''•:::;,i .,r'�� :::•: ,.r.. ;.V•:'• ; �' ! ,,,rot i• .. WEI.C�I - l,U���VQ'flOrl E5'��iCTIO� � . W65r l-�YD�IN�hQo�� - dot IL �C 3�0 •. 06ED Of: CU- (PING I RLIODCVCA90MS << • APPENDIX F. Seaside Park Conservation Restric West Hyannisport MA 1893 Survey Plan of Land - .. , C 0 U N T y = ROAD qp N YI '•l � ... . 4.1 ' � • • � Vl YI M lfl /.•1 /Y tt /1 11 rn Y •u w. Ip 1 u 4v t NI tl .. a'•.d yCa-. r.r •.r 1 .r w I,l 1 )p p IN .•V Nr 1 l /• /r1 w 74 1 F! J 1•// V.! w Nr 1 Y /It y 7 R 7 I.N NI .r1 Ia / 7 J I a MAPLE STREET J b• N b/ •. of IN •• I/ . t.• N fA •.a aY NJ /u 1 4 u N r «. ru a. .ar .N 1 •. p S .fY t• .Jr 4 .Y f« •1 r J. n feJr .•• • a.r Y .•. frt t N •a . 1I •• I ttl w w u .n 4 4r N M Y Js `W`►tq w W •.• ..! Itsar W .. m W a •a Iola / W tf trr, N > M a > IN • •N >Y/ 1 tl • >a. u Q ta•• " Q •.. . Q.N • t .•� Q 4• 1 •t Q . a. Q ar f •• •q .• IN a ••I a 1 !• la 1 P r N E STREET at S.f • Iw/ ale uu t• N•/ A o /•.t 1 t t.a aIt Intl tr rt•. 4• 1 A. S a1/ N 1.11 ta• a 1•Y14 n f>1 n 1«r III N 14 1 M 0 NI �• aV7 1 •)• "I iu) • 1 /•• Z .r ni Y a>r w MI f b>• a ia.I 1) rfa ► VY Vr to tl 4• ./! fY W fY' /. K fI la aI/ • M «/ .ra QJ1 r NI atl /at• •« /.• w /N a) J r 1 FOREST STAEET JN at •r r•! 1 tr t.t .Y Y •« So to frr •f. l V•> �'.-;�.; 14. Ye nl «� Z tuau r •fa IN. ,'-`: '....,�I an IT, �OA/C ..S`. W sat a« tJ./ ,. NJ tY tr 1 rq •a tt.. 4 •fa aY, w r Z Y teal 1 N> } a•. •a! rl. >N •I atl ter 1.) a.. .. ' • t OCEAN STREET a rJ n t.i a itr i ,t P•�'�• L s IVi Slap fV � n N Y iMr ♦ T 1 w FR. 9 b /a6 w t•+a . I J Ya Y Y1 ,wt It tY Y ROSS 1 S r Nl1 1{C l.wlwa. t4 w • r f to ur Yf Va BIRCH w .M rN .r r1• tr Y • M r. O Bi � STREET �a �� «t rl, ~• A TRAGNG AND +rt TRUE H.-...r.COPY __� --SEASIDE 1 E PARK, N ,It01f T�0. N M ass. Po ri /G.0 A;,I�.LII a '):..`,de,a,.V.P )^.pr-/a.,, Q.d:..• V..r.I.p.S/wafre P...t.n.ufr.w.$graY. Aa9. 1893. M•r state loo feet to an inch. • c - e.t y 7t..ta... .aL& 1-.n.r n o .r a - - B+ y I.i-a+. ar g JLAu-A.W/ V6—AP, F.•da Q Srra:tiCT- E A•...=...� •� C f a� . I � 1 Xt gIr =�• � �' AT � A e x � jpf M fV a• h tl�2r ' ;• i A y. xJ 8 ..r negativesAll 11 th ..EG. with �easide Park Conservation Restriction BCF/Grantee. West .• ► Photo-st from Fifth Avenue looking at Premises. Clearing due to tree work after 1991 Hurricane. Town of Barnstable zoning Board of Appeals = Variance Decision and Notice Summary Appeal No. 1992-05 Applicant: Russell E. Haddleton, Esquire Estate of Mildred W. .Raggett Address 251 South St. P.O. Box 1298, Hyannis, MA 02601 Property Location: 499 Sixth Avenue, West Hyannisport, MA Assessors Map/Parcel 245/098 zoning: RB - Residential B District Property Owner: Estate of Mildred W. Raggett Address of owner First National Bank of Boston Variance Request: section 3-1.1(5) Bulk Regulations, Minimum Lot size Activity Request: To .permit the division of 1.05 acres into four (4) undersize lots. The lot contains 2 detached dwelling units. 1 Procedural Provisions: Section 5-3.2 (3) Variances i Bickground: This decision concerns the petition submitted by Russell E. Haddleton, Esquire for the Estate of Mildred W. Raggett petitioning the Zoning Board of Appeals for a Variance to permit 4 lots to be created from a 1.5 acre Lot shown on Assessors Map/Parcel No. 245/098. The lot is developed with two (2) single- family detached dwellings, fronting on to sixth Avenue and the back of the lot area fronts on to Fifth Avenue in West Hyannisport, MA. The lot and dwellings are all in common ownership, that being the estate of Mildred W. Raggett. The applicant has submitted a proposed Approval Not Required Plan titled' "Plan of Land in (West Hyannisport) Barnstable, Mass. for the Estate of Mildred W. Raggett", dated August 13, 1991 and drawn by Baxter & Nye, Inc, which shows the proposed division of the Lot into four (4) lot areas. Two of the lots noted as Lots "A" and "B" on the plan are a division of the existing detached single-family dwellings. These two proposed lots are 0.18 acre each, sized in accordance with the original 1950 Zoning requirements for the area of 7,500 sq.ft: minimum lot area. The proposed property lines are also based on the original 1893 subdivision of the land titled "Plan of Plan seaside park at Hyannisport, Mass.", drawn by F.C. Smith C.E. The lots front onto sixth Avenue. Two other proposed lots noted as Lots "C" and "D" on the plan front on to Fifth Avenue (Lot "C" a corner lot also fronts on ocean street) . These two r Decision and Notice Appeal No. 1992-05 lots are sized at 0.34 acres each. The applicant has requested that these two undeveloped lots be considered new buildable lots. Procedural Summary: The application was filed in the office of the Town Clerk and at the Zoning Board of Appeals Office on December. 10, 1991. A public hearing, duly noticed under MGL Chapter 40-A was opened on January 23, 1992. The public hearing was closed on January 23, 1992 and the matter was taken under advisement during the regular Board meetings of February 06, March 12 and April 09. The decision was rendered at the April 09, 1992 meeting. On March 27, 1992, an extension of time pursuant to MGL Chapter 40A, Section 9 was requested by the applicant and granted by the Board to allow for a 90 day extension of the time requirements for filing of the decision on this case. The fist two public hearings on this petition were held in the second Floor Hearing Room of New Town Hall. The later two were held at the school Administration Building, First Floor conferance Room. The petition was heard by Board Members; Gail Nightingale, Luke Lally, Betty Nilsson, Wayne Brown and Dexter Bliss, chairman. Russell E. Haddleton, Attorney for the Estate of Mildred W. Raggett, represented this appeal before the Board Thomas and Mildred Raggett initially acquired a home consisting of 2.5 lots on S�h Avenue in 1941. This home, commonly called the "Main House" and its lot (Assessor's Map/Parcel 245/144) is located across the street from the subject property-(Assessor's Map/Parcel 245/098) . The subject property was acquired it stages`.. The first purchase in 1949 of 5 lots was followed by a second in 1950 of 265 lots adjoining the original five and than again in 1959 with the purchase of the two homes (by separate deeds) fronting on to Sixth Avenue. Together., the contiguous lots total 1.5 acres. According to Attorney Haddleton, the two proposed lots referred to as "C" and "D" (0.68 acres) are to be owned in common with the Main House which is commonly addressed as 158 Fifth Avenue, Hyannisport, MA. He represented that the intent was to protect the land area directly across the street from the main house and retain the open character of the lot, as the deceased had wished. He also presented the option to consider that the proposed lots "D" and "C" could be united as* one single. lot. " Attorney Haddleton noted that the hardship and justification for the granting of this variance is found in the shape of the lots, which if divided only into two (as permitted by the two existing pre-zoning dwellings) would create "back property" with no significant value. The public was invited to speak. Madelein McDonald, an abutter, spoke in opposition she noted that appeals for variances to the minimum lot area in this area were common and were commonly denied by the Board, as in the cases of Mrs. Donald McGurk on second Avenue, Theodore E. Geraghty on Third Avenue (Appeal 1981-07) and Edward Sullivan on sixth Avenue. Mrs. McDonald contended that in 1987 when the one acre minimum lot area came into effect, the late Mrs. Raggett expressed the desire to save the 1.5 acre parcel as a haven for l Decision and Notice Appeal No. 1992-05 plants and wildlife within seaside Park. Mrs. McDonald also noted that if the late Mrs. Raggett thought the open space so important that she specified that the land should remain open space in her will. Mrs. McDonald submitted a written letter to the Board dated January 23, 1992. Fred oehme, representing the seaside Park Association spoke in opposition citing the wishes of the Association that no precedent be set which might undermine the required lot area. Doctor welch, Mrs. Raggetts nephew spoke in support of the appeal, noting the family history and his deceased Aunt Mildred Raggett expressed wishes to ensure that the two homes which his three Aunts (Mrs. Raggetts sisters) now occupy were cared for and ths' property managed in accordance with Mrs. Raggetts wishes. He noted that his intention was not to develop those new lots "C" and "D". Attorney Haddleton suggested that restriction could be placed upon the lots to ensure that the land would remain open and not developed. At the close of the hearing of January 23, 1992, the Board took the matter under advisement to provided time for Attorney Haddleton to prepare draft restrictions which would ensure that the open space should indeed remain open and undeveloped. A February 04, 1992 letter to the Board was received form Attorney Haddleton, suggesting that a covenant could be drawn up with the lots to ensure the perpetuity of the open space. At the meeting of February 06, 1992, the Board discussed this alterative with Attorney Haddleton and the Town Attorney and it was determined that the covenant would not ensure the perpetuity of the lot as open space. The Board questioned the enforceability of the convent in future y0ars. it was determined that a Conservation Easement might provide the most feasible and acceptable method to ensuring the land in question remains open in perpetuity. The appeal was continued to the March 12, 1992 meeting of the Board. At the March 12, 1992 meeting, Attorney Haddleton presented a draft "Conservation Restriction" to the Board. He mentioned that he had discussions with the Town of Barnstable Conservation Agent and the Town Attorneys office and that details still were to be worked out as to the particular agency to which the restriction would grant control. Attorney Haddleton requested that the Board continue the consideration of this matter into April to provide the time necessary to refine particular aspects of the Conservation Restriction. it was noted that the time frame granted under MGL Chapter 40A for a decision on this petition was running out and that without an extension of time the appeal would be subject to default. Attorney Haddleton and the Board agreed to an extension of time on this appeal. The extension was prepared and signed March 17, 1992 by Gail Nightingale on behalf of the Board and on March 27, 1992 by Attorney Haddleton. The Board continued the matter to April 09, 1992. At the meeting of April 09, 1992, the Board reviewed the second draft of the Conservation Restrictions and discussed its details with Attorney Haddleton and those neighbors present. From the information given, the restrictions were acceptable to the abutters as well as the town agencies (Conservation and Town Attorney) . Decision and Notice Appeal No. 1992-05 Mrs. McDonald presented to the Board members a letter from Attorneys Driscoll & Davis dated April 07, 1992 stating the abutters agreement and the Conservation Restrictions Agreement (applicable to the combined Lots "C" and "D") . The letter enumerated three (3) points-which were agreeable to the abutters and Attorney Haddleton as Esquire for the Estate of Mildred W. Raggett. Attorney Haddleton signed the latter to verify his agreement. Finding of Fact: Based upon the evidence submitted and testimony given, the zoning Board of Appeals at its April 09, 1992 meeting unanimously found the following facts related to Appeal #1992-05: 1. That the two dwellings approximately 100 by 80 lots which are shown on a plan dated August 13, 1991 and shown as Lots "A" and "B" as combined with what are proposed to be two lots of 100 by 150 feet identified as Lots "C" and "D" on this same plan are unique. Because none of the adjacent lots would have the same shape should the owners be required to merge the areas of Lots "D" and "C" with Lots "A" and "B". 2. The open space identified as Lots "C" and- "D" are unique in this area, which is intensely developed. 3. A financial hardship onto the estate of Mildred W. Raggett would be created if the requirements of Town of Barnstable zoning ordinances were adhered to exactly.. 4. Through testimony it has been established that this Board could violate the intent of the deceased to retain the open space as a part of the Main House located directly across on Fifth Avenue. Conclusion: Accordingly, a motion was duly made and seconded that the Board grant a variance to the Minimum Lot Area requirements for Lot 245-098 to permit the creation of three lots as follows: Two lots shall be created as shown and identified as Lot "A" and Lot "B" on a plan submitted to the Board titled "Plan of Land in (West Hyannisport) Barnstable, Mass. for the Estate of Mildred W. Raggett", dated August 13, 1991 and drawn by Baxter & Nye, inc., a copy of which is contained within the file, Each of these lots are occupied by developed single-family dwellings and measure 79.98 feet by 100 feet and contain 0.18 acre (7,998 sq.ft.) A third lot to be defined and drawn as the combination of Lot "C" and Lot "D" on the above referenced plan. This is to be one (1) single lot not two. The lot is to contain 0.68 acre (29,966 sq.ft.) and measuring approximately 100 feet by 300 feet. The division and creation of the three lots identified above shall be subject to the following conditions: Decision and Notice Appeal No. 1992-05 1) That all three (3) conditions enumerated within a letter dated April . 7, 1992 from Attorneys Driscoll & _Davis and addressed to the Board Chairman (a copy of which is filed with this Board), all of which were agreed to be Attorney Russell Haddleton, by signature on that letter, shall be made a part of this decision. 2) The Conservation Restrictions Agreement, as hand dated April 9, 1992 and presented to the Board at the meeting of April 09, 1992 and attached to Attorneys Driscoll & Davis April 7, 1992 letter is to be finalized in determination of the appropriate Conservation Agency for control of the third parcel (identified as the combination of Lots "C" and "D" on the plan titled "Plan of Land in (West Hyannisport) Barnstable, Mass. for the Estate of Mildred W. Raggett", dated August 13, 1991 and drawn by Baxter & Nye, Inc., ) and filed accordingly with that new single lot. The vote was as follows: Aye: Wayne Brown, Betty Nilsson, Gail Nightingale, Luke Lally and Dexter Bliss, Chairman Nay: None Order: The petition for a variance to the Minimum Lot Area requirements has been granted to Lot 245/098 for the creation of three (3) undersized lots, two of which are developed with single-family dwellings, the third undeveloped is to remain in accordance with the Conservation Restrictions Agreement and subject to the conditions enumerated. Appeals of this decisions, if any, shall be made pursuant to MGL Chapter 40A, section 17, and shall be filed within Twenty (20) days after the date of the filing of this decision in the office of the Town clerk. This Variance will expire in one year if not implemented. I Any person aggrieved by this decision may appeal to the Barnstable Superior Court, as described in Section 17 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts by bringing:.an action within twenty days after the decision has been filed in the office of the Town Clerk. airman Clerk of the Town of Barnstable County, Massachusetts, hereby certifyy (that twenty (20)le, have elapsed since the Board of Appeals rendered its decisionn days above entitled petition and that no a onh in the appeal of said d filed in the office of the Town Clerkecision has been y Signed and Sealed this day of {Jy 19�a pains and penalties of perjury. ----T— _under the Distribution: _ Property Owner Town Clerk Town Clerk Applicant Persons Interested Building Inspector Public Information Board of,Appeals 11993 ��77 �0S,)77/--9/9P 5 Je14- /oa/790-3760 A4. May 5, 1993 ///P97-6059 Dexter Bliss, Chairman Zoning Board of.Appeals Town of Barnstable Town Hall Hyannis, MA 02601 RE. Appeal No. 1992-05 Dear Mr. Bliss:. I wanted to bring you up to date on the situation with respect to the progress in completing the work on the conservation restrictions applicable to the property involved in the above case. The owners of the property, Mary Louise Welch, Jane F. Welch, Barbara Welch, and Dr. Gabriel Welch, have all agreed to sign a conservation restriction in the form attached. This conservation restriction has been prepared under the direction of Mark H. Robinson, Executive Director of the Compact of Cape Cod Conservation Trusts. The conservation restriction is now in the hands of the Town of Barnstable for approval by the town, and Mr. Robinson understands that this will be completed during the month of May. The conservation restriction must then be approved by the Department of Environmental Affairs which, Mr. Robinson says, may take until the end of June. My clients are willing to sign the document as prepared by Mr. Robinson, but Mr. Robinson suggests that they not sign it until it has been finally approved by the Department of Environmental Affairs which may want some changes. Mr. Bliss May 5, 1993 Page 2 It appears that it may be the end of June before the document is in final form for signature by my clients. At the present time, my clients have done everything possible to move this matter along, but it is now out of their hands and the completion of the restriction and its recording await the approval of the Town of Barnstable and the Department of Environmental Affairs. I believe that my clients have substantially complied with the requirements of the decision of the Zoning Board of Appeals, in that they have agreed to execute a conservation restriction in form satisfactory to the governmental authorities. I am enclosing a copy of the conservation restriction as drafted by Mark Robinson. If there is anything further that my clients need to do to satisfy the requirements of the Zoning Board of Appeals, I would appreciate it if you would let me know. I am enclosing a copy of a letter from Mark H. Robinson, Executive Director of the Compact of Cape Cod Conservation Trusts, and I am enclosing of the conservation restriction as most recently drafted. I am sending a copy of this letter to William E. Stanton, Esquire, attorney for Mr. & Mrs. Joseph McDonald. AYou truly, ussell E. Haddleton REH:pac enclosures cc: William E. Stanton, Esq. Elizabeth Finch, Bank of Boston Mary Louise Welch Jane F. Welch Barbara Welch Dr. Gabriel Welch �. TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map :_�z-,S Parcel Permit# Health Division 6i'" 17?Zn LH 9 I<,- Ic I Date Issued Conservation Division y1�'c�O Fee Tax Collector 111 ' -��. Treasur c�4 ' IC SYSTEM aV US)T - ®1�, GOIVI,PLIANNCi_ Planning Dept. TH TITLE 5 Date Definitive Plan Approved by Planning Board `',sJu TA,1a C0ctF -� Historic-OKH Preservation/Hyannis Project Street Address Village Owner ��J��i��C' Address Telephone ill f— 77 la6 Permit Request �� daz .C�S�l Jar �9 ���c 6��fLU F r 7 r �� V r feet: 1 floor: A'�O Square eet 1st oor. existing proposed 2nd floor: existing 'Gr C proposed Total new Valuation r1��lC,�l�) Zoning District Flood Plain Groundwater Overlay Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family a/ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes 0 No If Basement Type: ❑ Full B Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing Z new Half: existing new Number of Bedrooms: existing new Total Room Count(not including baths): existing new First Floor Room Count y Heat Type and Fuel: a Gas O Oil ❑ Electric ❑Other Central Air: ❑Yes O//No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage:0 existing ❑new size Pool: 0 existing ❑new size Barn:❑existing ❑new size Attached garage: 0 existing ❑new size Shed:Cif existing 0 new size Other m Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ S E P 5 2001 Commercial ❑Yes ❑ No If yes, site plan review# ' Current Use Proposed Use BY BUILDER INFORMATION Name /l �� �j Telephone Number s 7%o- LI y/ Address �' roc- �• - License# 00 l i 7,r Home Improvement Contractor# 0 Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE �/ C C � DATE ��e/ i f. FOR OFFICIAL USE ONLY 'PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER Y • t " DATE OF INSPECTION: ' R 4 F 1 FOUNDATION j FRAME r ' 3 INSULATION 3 FIREPLACE ELECTRICAL: ROUGH FINAL j; PLUMBING: ROUGH FINAL k - r l GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT I ASSOCIATION PLAN NO. a f ,The Commonwealth of Massachusetts Department of Industrial Accidents 600 Washington Street ti Boston,Mass. 02111 Workers' Compensation Insurance Affidavi WE ii� name: Wr location- Citv phone# 5�10 /(J%�s1L ❑ I am a homeowner performing all work myself. 21 an a sole etor and have no one workin in anv achy /O/ '0/000//%1%%,:wro�mg///lO//�/l �� din workers' ensatlon for mp employees:worldng on this job.::: ::: .....:;::.::...:::::. I am an em 1 gP............ ...................:::.::::......:::.:::::...........:..:::::.:::::.:::...:..,::::::.:.: :::.:.;;;:.}::.;:. ;:.; } ❑ ..... :.::::.: ...: : ::.:?.:: cam aavaam . } :. }:::: ::.. ................................................ :..:...... .:..........:....:....:.:..:.:......:.:..............::...::•...::.::::.:::•....:•. address ::.....:.;;.:. ci Ban ..:: itisuran O ❑ I am a sole proprietor,general contractor,or homeowner(circle one)and have hired the contractors listed below who have workers'compensation polices: wen P the folio .... ......... .. vn am .cam an ........ .. .. .... . .............::::::... .. ��...............................:.:::.�:::.�:::-:.::v::::v::............-:::::::,............::v... ...;}:ri'+'?7,:4:+:......... .,vx.....+:r.,?:is;v'+,v.{w?•}i:; ' .......r ......,....,.. .a.............,...t A.,..... ......:..... ............,. .....:.................. ...................i... .......... ................:............... :::::..........::....... \•::•:::::::::: .......,•::.ter•:.-:::...,.,....:•,r7:+:•:-::..:............ .............. ............... .............. .................................................. .......x�..n.v::•.:v:+•: ...... ....,•xxa. .;........vvx::::.,•.v::w;, + ...,.::;: ... ... ... .... .........................:•::.:........:.................ter:.�::::::::.�::::::::::<,. ............,...............r:.,•:::::.:::• :v:::.,:•:.�::. .�,c,..,«._..w.a ............ ......n....... .4............ .........................:•.v:r.:........ ...,<{4.. ..... y..::...:....:,vvv::.rx.:..... x.,{.{.iY{^':•+• ........... :':•::�::::v:.::�:v:.:.::.;x}v:::v:{::n.:.n}.:.v.M1vv::::::::r.v:.,w:::::v::.v:.:::....r.,...... ... ..v:.... �� v:name:.:.,:,»::>:::::;:}>;:::.};•;.}:.;:.}:•}}:;.;::•:- ::::+ .. .....�.. ......:::::: :.::..:i}::: bne .....::..:... .......................................................... .... .. .......... ................... p.7UT8aC 'N Failure to secure coverage as required order Section 15A MGL 152 can lead to the imposition of criminai pemltin of a thu up to si,S00.00 sawor one yam,imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of 5100.00 a day against me. I mtdersimd that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verinesdon. 1 do hereby certiA the pains and endan of perjury that the information protdded above is trnw and coned signature Date 71 / print name r C 4 u7h'6�-41 Phone# cr otHdal use only do not mite in this area to be completed by city or town ofIIdal ent city or town• perndtlllceroe# (JUcensing B°� • Q3electmen's Office ❑checkif immediate response is required p$ealth Department Other contact person: phone#; ❑ Urisuu 9195 PJA) � r Information and Instructions Massachusetts General Laws chapter 152 sectionrequires 25 es all employers to provide workers' compensation for their employees. As quoted from the "law", an employee is defined as every person in the service of another under any contmc of hire, express or implied, oral or written. An ern lover is defined as an individual partnership, association, corporation or other legal entity, or any o o or re�re o p the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employ , 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 dw'0'ninth9e'ouseoundsof c another who employs persons to do maintenance, construction or repair work on such dwelling housegr�be deemed to be as employer. building appurt�thereto shall not because of such employm MGL chapter 152 section 25 also states that every state or local.licensing agency shall withhold the issuance who h. renev of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant not produced acceptable evidence of compliance with the insurance coveragerequired.tfo��Cenu�bfi � commonwealth nor any of its political subdivisions shall enter into any have been presented to the contracting until acceptable evidence of compliance with the insurance requirements of this.chapter P authority. , Applicants ' ensation affida • completely,by checking the box that applies to your situation and - Please fill in .he workers comp Y� with a���of insurance as all affidavits maybe supplying company names,address and phone numbers along Also be sure to sign and submitted to the Department of Industrial Accidents for confir�°n of insurance covmuga or town that the application en on for the permit or license is date the affidavit. The affidavit should be returned to the Should you have any�esti�regarding the'1aw"or if yc being requested,not the Department of Industrial Accidents• are required to obtain a workers' compensation policy,please call the Department at the number listed below. City or Towns bl The Department has provided a space at the bottom oft` Please be sure that the affidavit is complete and printed legs y. eP the applicant Please affidavit for you to fill out in the event the Office of Investigations has to contact you regarding be retuu��to be sure to fill in the permit/Ecense number which will be used as a reference number. The affidavits may the Department by mail or FAX unless other arrangements have been made. The office of Invests ions would lice to thank you in advance for you 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 Me of I11Yesf19adons 600 Washington Street Boston,Ma. 02111 fax#: (617) 727-7749 phone#: (617) 727-4900 eat. 406, 409 or 375 I r The Town of Barnstable r • i IABNSTABL& 9MAS& Regulatory Services �A1639. ��0 rfn aw't Thomas F. Geiler, Director Building Division Peter F. DiMatteo, Building Commissioner 367 Main Street,Hyannis MA 02601 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: � ! O�T�) ���S�r-v9 'Polc c � Estimated Cost l3�l1iLYQ Address of Work: /rel`' Owner's Name: � J Date of Application:_4 S 1 / 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 PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: ate Contractor Name Registration No. OR Date Owner's Name q:forms:Affidav:rev-070601 t UNREGISTERED LAND FILE NUMBER! 87931 DEED BOOK: PAGE: ATTORNEY:—KUSHNER do SANDERS C9 094J PLAN HOOK-498 _. PAGE:39 LOT(9)-A LENDER: PLAN NUMBER: OF O»R._BANK OF BOSTON REGISTERED LAND APPLICANT: BARBARA WELCH REGISTRATION HOOK PAGE: DATE:-1Z/12/95 SCAM: 1'=30' CERRT—MICATE OF TITLE: _ FLOOD HAZARD INFORMATION PLAN NUMBER: LOT(s): FLOOD MAP comparnr No.: 250001 ZONE: C ASSESSORS MAP PANEL. 0008D DATED: 07/02/92 MAp; BLOCK. PARCEL• MORTGAGE INSPECTION PLAN 499. SIXTH AVENUE, BARNSTABLE, MA LOT D 79.98' LOT A 11'3 U��I o N/F WRIGHT 8 S, LOT B NOTE NO. 499 SIXTH AVE. IS '* NOW NO. 158 SIXTH AVE. ACCORDING TO TOWN OF BARNSTABLE. • 79.98' , SIXTH AVENUE MORTGAGE LENDER USE ONLY THIS IS THE RESULT OF TAPE MEASUREMENT, NOT THE RESULT OF AN INSTRUMENT SURVEY AND IS CERTIFIED TO THE TITLE INSURANCE COMPANY AND ABOVE LISTED ATTORNEY AND LENDER. DES LAURIERS 8c ASSOCIATES INC. THERE ARE NO DEEDED EASEMENTS IN THE ABOVE REFERENCED 30' 0 30, 60, DEED OR ENCROACHMENTS WITH RESPECT TO BUILDINGS SITUATED 130 WEST STREET, WALPOLE, MA 02081 ON THIS LOT EXCEPT AS SHOWN. TEL.: —8800 FAX.:(508)668-4512 THE LOCATION OF THE DWELLING SHOWN DOES NOT FALL WITHIN � 0 OF A SPECIAL FLOOD HAZARD ZONE. o THE LOCATION OF THE DWELLING AS SHOWN HEREON EITHER g EDW� E WAS IN COMPLIANCE WITH THE LOCAL ZONING BY—LAWS IN NO.313M EFFECT WHEN CONSTRUCTED (WITH RESPECT TO STRUCTURAL 'PEcrSTEa _, SETBACK REQUIREMENTS ONLY), OR IS EXEMPT FROM VIOLATION ENFORCEMENT ACTION UNDER MASS. G.L. TITLE VII. CHAPTER 40A, SECTION 7. GENERAL NOTES: (1) The declarations made above are on the basis of my 6owledge, Information, and belief as the result of a mortgage inspection tope survey made to the normal standard of care of registered land surveyors practicing in Massachusetts. (2) Declarations are made to the above named client only as of this date. (3) This plan was not made for recording purposes, for use in preparing deed descriptions or for constructions. (4) Verifications of property line dimensions, building offsets, fences, or lot configuration may be accomplished only by an accurate instrument survey. D, ��/V% I G Gp 5 Nj '' ��S 166 K4 �,l� _07% HOPE IMPROVERENT CONTRACTOR Registration: 116609 Expiritior 06/29/2002 Type: BILLY'E CUTHEN BILLY CUTHEN vuwevu Ulf ADMWISMAMR HYANNIS NA 02601 BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR Number�GS,, 009975 Ekpk6i.,0"3MW3 Tr.no: 2479 'z') BILLY E CAUTH ER. 86 BETH LN HYANNIS, MA 0260111- Administrator S \y 1 A jg14A t "c, Saflt41 16S lr*#f 0 wo(o 0-4 ke A) be lbw .07 1{1 t �tSc" M �tlr 4.c ,j e 4 ,off �.IVAIA 5 g ItiA►!�! --� - 1 0 rda ---�-�--��....�.....,.�... �o `� ..._......._..........._.._.�.._.... P! ,_dfnr._...�.._..__._...,...,_....1,,,�,,�.........,.. „�._�.... /l�.rt .�,..�..w...... __._... �/'e�r '� ..,_._.�.__..�..,..._.,