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0073 TOBEY WAY
.� �° �- .' � /� ;.� i ',1 ! ti M 1 '�� 7rI I' `� x I N F s Lr—`Tx%r c- . ` Town of Barnstable Bill g :, wtsat3ewuse Post This Card So That it is Us�ble`.From the Street,Approved Plans Must be Retain^end on Job and this Card Must be Kept „ , ,,; .� MAW P �-..< :1=F ''.. osted Unti mal;Ins ection Has Been Made , , , , p Where aCert�ficate of Occupancy is Required,such Building shall Not:be Occupied until a Final Inspect�onhas�been made��� 1 �� 1� Permit NO. B-18-870 Applicant Name David Hobaica Approvals Date Issued: 05/16/2018 Current Use: Structure Permit Type: Building-Pool-Inground Expiration Date: 11/16/2018 Foundation: Location: 73 TOBEY WAY, HYANNIS Map/Lot 246 080 Zoning District: RB Sheathing: Owner on Record: SPARAGNA,STEPHEN&MAUREEN Contractor,Name EASTON POOL&SPA INC Framing: 1 Address: 142 NAHATAN AVE Contractor=Ucense. 105257 2 u K tg MILTON, MA 02186 r- `Es'tfi Project Cost: $61,200.00 Chimney: Description: Installation of a 20'X40'Rectangle PermaCrete m ground swimming Permit Fee: $175.00 pool Insulation: �: y _ Fee Paid, $175.00 Project Review Req: AUTOMATIC POOL COVER OR POOL DOOR ALARMS FOR Date£ 5/16/2018 Final: DOORS WITH DIRECT ACCESS TO POOL. A rye ry- - Plumbing/Gas 4.1 `n, Rough Plumbing: � q X W, Building Official Final Plumbing: ;:� y This permit shall be deemed abandoned and invalid unless the work authonzed by this permit is commenced within six months after issuance. Rough Gas: All work authorized by this permit shall conform to the approved applicab Ii ,"ditherapproved construction documentsforrwhich this permit has been granted. -< Final Gas: All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by laws and codes. This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open fopublrc inspect on for the entire duration of the work until the completion of the same. � `� Electrical { r ,� ; � r Service: The Certificate of Occupancy will not be issued until all applicable signatures by a Building and$Fire Officials are-provided on this permit. Minimum of Five Call Inspections Required for All Construction Work: ��• 1.Foundation or Footing , .m. � „• , .u, -• Rough: _. 2.Sheathing Inspection Final: 3.All Fire places ac mu st ust in spected ns ected at the throat level before fir flue lining p p est ue ing is installed 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Low Voltage Rough: 5.Prior to Covering Structural Members(Frame Inspection) 6.Insulation Low Voltage Final: 7.Final Inspection before Occupancy Health Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Work shall not proceed until the Inspector has approved the various stages of construction. Final: "Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Fire Department Building plans are to be available on site Final: All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT vN� C Town of Barnstable �oFn+e rcwti Regulatory Servi 'sjG .' RiTA U Thomas F.Geiler,Director s KAAMSTAUM ' Building DivisiolligD .2 9 MASS. �w v39. s Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 0260.1 www.town.barnstable.m u`$�iTc r 4 i I � N Office: 508-862-4038 Fax: 508-790-6230 PERMIT# � FEE: $ 06 SHED REGISTRATION' 200 square feet or less - Location of shed(address) Village' Property owner's name Telephone number Size of Shed Map/Parcel Signature Date Hyannis Main Street Waterfront Historic District? Old Kin-'s Highway Historic District Cornibissiori:jiirisdiction? Conservation Commission(signature is required) Sign off hours for Conservation 8:00-9:30&3:30-4:30 PLEASE NOTE: IF YOU ARE WITHIN THE;JURISDICTION OF ANY OF THE ABOVE COMMISSIONS,THERE MAY BE A REVIEW PROCESS AND APPLICATION 4 FEE. PLEASE SEE THE APPROPRIATE COMMIISSION FOR DETAILS: THIS FORM MUSTBE ACCOMPANIED BY A :PLOT PLAN s Q-torus-shedrr REV:042911 F LOCUS 4 p LOT A (OPEN SPACE) C.B.SET PB 505 PG 18 a S88'56'19"E SET � ty S86'56'25"E 200.00' 108.00, NO6'34'12,"E MAP 246 PCL 80 ` 2.58 - #73 TOBEY WAY NORMA I. HOLDER - DB 1639 PG 228- O WASHINGTON 3 LOT AREA= 41,156t SF FARMS TR. c ' DECK _ Nantucket (OPEN SPACE) n Sound _ LOT A o^ o �. #73 3' n/f FRANCINE B. COMES, TR. PB 505 PG 18 m - Il DWELLING '� -DB 15742 PG 158 FOR REGISTRY USE STAKE SET ------- LOCUS MAP / IN MAP 246 PCL 81 _ WIWAM NELSON JR. PREFERENCES EDGE OF #71 TOBEY WAY DB 14440 PG 129 DEED BOOK 1639 PAGE 228 SCALE 1"=2000't 4, LAWN I\ ;o ASSR. MAP 246 PCL 80 DEED BOOK 18018 PAGE 163 �f�, o m ,, J` MAP 247 PCL 226 DEED BOOK 14026 PAGE 155 SHED TO BE 5032�T081P IP IJy0\,. S07'S4'01"W _ N 710 DEED BOOK 386 PAGE w #77 TOBEY WAY _ - DEED BOOK 505 PAGE 181 OWNER OF RECORD REMOVED ND `,. 49.80 14'R.O.W. EASEMENT # 'a DEED BOOK 20276 PAGE 98 NORMA I. HOLDER-HALL ? m EXISTING EASEMENT PLAN BOOK 568 PAGE 32 P.O. BOX 164 LAWN �o O .,\ REF. IDS 18018 PG 163 ul Iv> ev PB 292 PG 71 PLAN BOOK 534 PAGE 44 WEST HYANNISPORT, MA 02672 STAKE o \.,�P � �� o DB 386 PG 301 _ _ PLAN BOOK 292 PAGE 71 DEED BOOK 1639 PAGE 228 SET o Z EDGE OF PAVE PLAN BOOK 374 PAGE 72 - h #75 m \ 586'S2'07"E �' \, 65.76' —..-----------_. 110.34' - -_� _ _ . a _.. J1 sB6 sz D7 E - ZONING SUMMARY IP ND' 50.00 152.961, --�--�— \_._.__.____._--._._._.__.__. 14'R.O.W.EASEMENT _ _ _._._._ - _._-• 110.50'``_._ 4.9 9 n 1 GEORGE CARRINGTON C.B. 1 '� -_ __ - - ------- -._ _- _64,g5 / FND FND --gVE6 DRIVE 12 EASEMENT -"- ZONING DISTRICT: REI NOTES: DB 8922 PG 10 w — ------ 'MAP 246 PCL 239 -i.S SB6'52.07'E __ - — —' — — — — _ _ — i 1. THIS PLAN IS BASED ON AN ON ;�' 15.00_ _ _ _ _ MIN. LOT SIZE #75 TOBEY WAY o 000' S86'52'07"E LOT 1 - ___ _ __ MIN. LOT FRONTAGE 432,5060 S.F. THE GROUND SURVEY BY DOWN CAPE LOT 2 n 318.41' O.A. ------------ MIN. FRONT SETBACK 20' ENGINEERING, INC. BETWEEN THE o PB 534 PG 44 DATES OF 7/9/01 AND 8/24/07. PB 534 PG 44 z' r�1 >' - MIN. SIDE SETBACK 10' -" MAP 246 PCL 79 --W_ a' _ i _____ __ .3� MIN. REAR SETBACK 10' '�`i 2. PARCEL CONVEYED IN DB 528 PG - #67 TOBEY WAY #67 r � - -iwn H :'�1 F I � . MAX. BUILDING HEIGHT 30' 515 TO ARCHIE IOHNES IS SHOWN IN Z� LOCUS IS WITHIN THE AQUIFER THE SOUTHWEST SIDE OF LOCUS, 50'X PROTECTION DISTRICT ti 50'. PARCEL DESCRIBED IN OB 729 PG 249 IS WEST OF THE ARCHIE DONNELL E. SPILLANE D8 14026 PG 155 z W LOHNES PARCEL BY DESCRIPTION. w C.B.FND � O n� o - � - � 3. UTILITIES SHOWN ARE o m - APPROXIMATE FROM DIGSAFE C.B. o _ MARKINGS AND ARE FOR REFERENCE FND ONLY. NOTIFY DIGSAFE PRIOR TO ANY ` - - - - EXCAVATION. SEE EASEMENT N \ - _ RECORDED DB 21206 PG 109. zz 7 h 2 n i p m a PLAN OF LAND I HEREBY CERTIFY THAT THE PROPERTY j�J LINES SHOWN N 1 PLAN ARE THE LINES '1'F/ 3 TOBEY WAY DIVIDING EXISTING OWNERSHIPS, AND THE LINES OF THE STREETS AND WAYS SHOWN ARE WEST HYANNISPORT MA THOSE PUBLIC OR WAYSS ALREADY OR PRIVATE STREETS I CERTIFY THAT THIS PLAN WAS MADE IN Y ESTABLISHED, AND THAT ACCORDANCE WITH REGISTRY OF DEEDS � f NO NEW LINES FOR DIVISION OF EXISTING REGULATIONS EFFECTIVE JANUARY 1, OWNERSHIP OR FOR NEW WAYS, ARE SHOWN. '1976. AND AS AMENDED JANUARY 7, PREPARED FOR LEGEND REF. C.41 5.81-X,M.G.L. 1988. GAS GATE NORMA J. HOLDER—HALL POST LIGHT "0Fx a,.1y DANIEL DANIEL DATE: AUGUST-29, 2007 CB O CONCRETE BOUND oJn'1A w w n N 40980 oR Sae-3b2-a5at a 40980' ax 5.362 O -95Ba I.FNDP. .ss t . FOUND IRON POST g/zT o 1 j aRsab down cope engineering, inc. DATE DANIEL A. OJALA, P.L.S. DATE DANIEL A. OJALA, P.L. ., P.E. Scale:1'=40' } C/NL ENGINEERS 0 20 40 50 Be 100 FEET LAND SURVEYORS 939 Mam Street — YARMOUTHPORT, MASS. DC `^1-118/03-088 01-118 HALL EASEMENT.DWG(DAO) Town of Barnstable Building Department - 200 Main Street •ARNSTABLE. * Hyannis, MA 02601 MASS 9$A i639. , (508) 862-4038 Certificate of Occupancy Application Number: 20062338 CO Number: 20070209 Parcel ID: 246080 CO Issue Date: 08130/07 Location: 73 TOBEY WAY Zoning Classification: RESIDENCE B DISTRICT Village: HYANNIS Gen Contractor: MELLOR, STEVEN L. Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: o -7 Building Department Signature Date Signed TOWN OF BARNSTABLE Building'. Application Ref: 2006233E BARNSTABLE, Issue Date: 08/09/06 Permit 9 MASS. �Ar16 331�A�A�� Applicant: MELLOR, STEVEN L. Permit Number: B 20060853 Proposed Use: , Expiration Date: 02/06/07 Location 73 TOBEY WAY Zoning District RB Permit Type: NEW SINGLE FAMILY HOME Map Parcel 246080 Permit Fee$ 1,230.00 Contractor MELLOR, STEVEN L. Village HYANNIS App Fee$ 100.00 License Num 049879 Est Construction Cost$ 300,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND 3 BEDROOM WITH 2 1/2 BATH ,DORMERED CAPE WITH FARMER'S THIS CARD MUST BE KEPT POSTED UNTIL FINAL PORCH AND ATTATCHED GARAGE INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: HOLDER, NORMA 1 BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: P O BOX 164 INSPECTION HAS BEEN MADE. W HYANNISPORT, MA 02672 Application Entered by: DB Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK.OR ANY PART THEREOF,EITHER TEMPORARILY.OR:PERMANENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY.THE JURISDICTION. STREET OR ALLY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS:- THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). r r s y* a 0 ® w M at BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS i , o 2 y l� �`► 11 0- � �� 2 2 3 p 1 Heating Inspection Approvals Engineering Dept Fire Dept 7 2 Bo d of ealth ! I 0 N 200,00' LOT AREA 41,156_ SFf co 0 0 `O 79'0' CONCRETE FOUNDATION 60.8' o 0 N N 50.32' vi f 00 of V- 152.96' 14 FT R.O.W. — TO TO8EY y E SEMENT 12 FT EASEMENT 7 /o 67Z7 — — DCE JOB #01-1 18 FOUNDATION PLOT PLAN FOR THE PURPOSE OF OBTAINING A BUILDING PERMIT ONLY LOCATION 73 TOBEY WAY WEST HYANNISPORT, MA PREPARED FOR: SCALE : 1" = 40' DATE : SEPTEMBER 19, 2006 REFERENCE DEED BOOK 1639 PAGE 228 - ANTHO ALL ASSESSOR'S MAP 246 PARCEL 80 � ��FM� �o I HEREBY CERTIFY THAT THE STRUCTURETIMOTHY SHOWN ON THIS PLAN IS LOCATED ON THE - ,_ GROUND AS SHOWN HEREON. o COVELL M Off sob-362-4541 C� N0.38035 to fmc 508 362-9860 town cape engineering,.inc. CIVIL ENGINEERS ` v ____ -------f— __ __ ___ __ DATE t LAND SURVEYORS main st yormouth, mo 02675 REG. LAND SURVEYOR i TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION. Map Parcel Application# 6 '700 y Health Division' -' Date Issued lP Conservation Division Application Fee Tax Collector k Permit Fee Treasurer Planning Dept. Date Definitive Plan Approved b Planning Board pp Y 9 Historic-OKH Preservation/Hyannis Project Street Address Village tK Owner `\1 C6PCNra a U Address GO Telephone 510 4A `7 C Permit Request ' Square feet: 1 st floor:existing SOU proposed 2nd floor:existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type W =A Lot Size (n Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure k,k,-- Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes ❑No Basement Type: mull ❑Crawl ❑Walkout q Other Basement Finished Area(sq.ft.) d Basement Unfinished Area(sq.ft) Number of Baths: Full:existing ' —new Half:existing new —' Number of Bedrooms: existing_ new Total Room Count(not including baths):existing new First Floor Room Count Heat Type and Fuel: was ❑Oil ❑Electric ❑Other Central Air: des ❑No Fireplaces: Existing New Existing wood/coal stogie: ❑Yes ❑No —; Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new2 size_ c_ Attached garage:existing ❑new size Shed:❑.existing ❑new size Other: w Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ = Commercial ❑Yes ❑No If yes,site plan review# cn a) Current Use Proposed Use m BUILDER INFORMATION / Name p n�- Telephone Number R � Address .g ,4 r License#— M V�J s-Z Home Improvement Contractor# f 261 Worker's Compensation#bW C_ 91S A ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE —VIrJ 4 r FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED ' MAP/PARCEL NO. ADDRESS VILLAGE OWNER ' DATE OF INSPECTION: ' y FOUNDATION FRAME OF-D r INSULATION k FIREPLACE ELECTRICAL: ROUGH FINAL ` PLUMBING: ROUGH FINAL GAS: ROUGH FINAL q FINAL BUILDING ��' I " �/Z DATE CLOSED OUT ._ r ASSOCIATION PLAN NO. ' The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations + d 600 Washington Street �! Boston,MA 02111 .� www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Le 'bl Name(Business/Organization/Individual): . 0&!� Address: l��q e�.t�v�r� r City/State/Zip: one.#: ArerIam an employer? Check the appropriate boa: Type of project(required) 1. a employer with 4. ❑ I am a general contractor and I—� 6. ❑New construction . employees(full and/or part-time).* have hired the sub-contractors 2.El I am a'sole proprietor or partner- listed on the-attached sheet. 7. Remodeling ship and have no employees 'These sub-contractors have g, ❑Demolition workingfor me in an capacity. employees and have workers' Y P comp.insurance.# 9. El Building- addition o workers co � [N comp. required.] + - 5. Ej We are a corporation and its 10.❑Electrical repairs or additions officers have exercised their 11. plumb* repairs or additions 3.❑ I am a homeowner doing'all work ❑ g P myself. [No workers' comp. right of exemption per MGL 12.❑Roof repairs insurance required.]t k c. 152, §1(4),and we have no employees. [No workers' .13.❑ Other comp.insurance required.] "Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. xContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees Below is.the policy and job site information. Insurance Company Name: AA4 \\ f Policy#or Self-ins.Lic.#: � �lT� 0 d�o� Expiration Date: s , Job Site Address: City/State/Zip: Attach a copy of the workers' com ensa n policy declaration page(showing the policy num;Aand eaPit tion date). Failure.to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby ce ander the pains-and penalties of perjury that the information provided above is true and correct Si ature: Date: 7b3/0 Phone#: Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building(Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." employer is defined as"an individual,partnership,association, corporation or other legal entity,or an two or more An �P P rP gY of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership, association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the• dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to'operate a business or to construct buildings in the commonwealth for any applicant who has not produced.acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for,the performance of public work until acceptable evidence of compliance with the inrance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contiactor(s)name(s),address(es)and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies(LLC) or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. 'The affidavit should be returned to the city or town that the application for the-permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete'and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary) and under"Job Site Address"the applicant should write"all-locations in (city-or town),"A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related fo any business or commercial venture (i.e. a dog license or permit to burn leaves-etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone-and fax number:. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. #617-727-4900 ext 406 or 1-877-MASSAFE Revised 11-22-06 Fax 4 617-727-7749 www.rnass.gov/dia oF7HE'Oj►y ` Town-of Barnstable regulatory Services 4 IBAR sASS B $ Thomas F.Geller,Director Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 509-862-4038 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 strictures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type ofWork: /1A.6R Estimated Cost _ ,Address of Work: � / UV ^ ' H�i.�', OmA Owner's Name: . Date of Application: I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded by law []Job Under$1,000 QBuilding not owner-occupied' 70wner.pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME 11VLPRO-VTN NT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A.- SIGNED UNDER PENALTIES.OF PERTURY I hereby apply for a permit as the agqat of the owner: d Date Contractor Narue Re�.stratronN o. OR Date Owner's Name Q�'ormsliame�dav CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Eastern Insurance Group LLC DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 233 West Central Street POLICIES BELOW. Natick, MA 01760 COMPANIES AFFORDING COVERAGE INSURED Steven L Mellor COMPANY A.I.M. Mutual Insurance Co 199 Percival Drive LETTER A West Barnstable, MA 02668 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIO LTR DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY - GENERAL AGGREGATE $ COMM ERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPAGG. $ 'LAIMS MADG[:::]rJCCUR PERSONAL&ADV.INJURY $ OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED.EXPENSE(Any one person). $ AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ 1THER MBRELLA FORM AGGREGATE $ - THAN UMBRELLA FORM WORKER'S COMPENSATION AND X WC STATU- OTH- EMPLOYERS'LIABILITY TORY LIMITS E A THE PROPRIETOR/ INCL 7020385012006 12/27/2006 12/27/2007 EL EACH A I ENT $ PARTNERS/EXECUTIVE EL DISEASE--POLICY LIMIT $ 500,000 OFFICERS ARE: X EXCL EL DISEASE--EA EMPLOYEE $ 100,000 OTIIER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE TOWN OF BARNSTABLE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 15 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 200 MAIN ST LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE HYANNIS, MA 02601 BOARD OF BUILDING REGULATIONS I STRUCTION SUPERVISOR License: CON f Number 049879 CS t r k' Ezpi 05722I2008 Tr.no: 25107 i Restricted D_0 STEVEN L MELLOR r 199 PERCIVAL W BARNSTABCE, MA"`02668 Commissioner ,per ✓�ie (oomrnauaealt�i a���aaaar�u�aelt Board of Building Regulations and Standards License or registration valid for individul use only HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: Board of Building Regulations and Standards Registration:'•,117610 g g Expiration 10/25/2008 Tr# 124413 One Ashburton Place Rm 1301 � i V Boston,Ma.02108 t i Type Individual STEVEN L.MELLOR = i STEVEN MELLOR'- s.' 199 PERCIVAL DR�� W BARNSTABLE,MA 02668 Administrator Not valid without signature Town of Barnstable. Regulatory Services 9asiE'$ Thomas F.Geller,Director $AIeD 9. Building Division Tom Berry, Building Commissioner 200 Main Street, Hyannis,3vIA 02601 wym.town.b arnstable.ma.us Office: 508-8 62-403 8 Fax: 508-790-62.3 0 Property Owner Dust Complete and Sign.This Section If Using A Builder I, ✓�l f�/'f�'!6O/CYe� f�h'L� , as Owner of the subject proper ty hereby authorize ✓+9 `We//G to act on my behalf, in all matters relative to work authorized bythis building permit application for: , 7-3 AO (Ad Ws of job) A/0 ignature of er Date Print Name 0FOP NS:O W PrERPERvf isSION Dr.Steven Sharma Steven Sharma O.D.and Associates 100 CambridgeSide Place F W110 " Cambridge,MA 02141 -- Phone:617-494-4724 Patient Name: Konstantin Ignatiev Date:November 28,201 E General Use Eyeglasses r-Digital Optical Measurements Recommended Sphere Cylinder Axis Prism Add Lens Type Use Instructions Lens Recommendation Single Vision f7,,Full-time OD -0.75 0.75 0 80 +1.75 I: H: . Progressive i As Needed High Index Polycarbonate Anti-Reflective Photochromic - V: jf— Bifocal r`Near F, F. F „_,Trifocal Distance Best for strong Thin and light, Changes from OS -5.00 1.25 078 H. +1,75 prescription; most impact Reduces glare&dear to dark with V: edge to edge resistant reflections UV light darity Reading Glasses/Near Distance Tasks or Hobbies r�7:Digital Optical Measurements Recommended Sphere Cylinder Axis Prism Add Lens Type Use Instructions Lens Recommendation i✓ Single Vision ry Reading or OD +1.00 0.75 080 H. f-' Progressive Near Distance High Index Polycarbonate Anti-Reflective V: Tasks Over Contacts H: Best f ription or rungpre ; Thin and light; Reduces glare& OS -3.25 -1.25 078 V: edge to edge most impact reflections darity resistant w - i Dr.Steven Sharma r O.D.License#3652 Glasses Rx Expires On:November 28,2019 Remarks: Approved For Contact Lenses i✓<' Not Approved For Contact Lenses t 7. - II r+ V�j\� I el t Bit fr x3q A4b = -4 JeAd ble Building e Retained on Job and this CardMustAbe Kept 3.b Py■t mit cupied until a�F�nallnspect�on hYasbeen made 1 A BUTLER Approvals Structure '2018 Foundation: Zoning District: RB . Sheathing: )r Name-. PADRAIG GALVIN Framing: 1 ar License 130184 2 >Est Project Cost: $85,000.00 Chimney: ;Perm f.ee: $543.50 Insulation: Fe'eYPaid: $543.50 Dater :` 1/2,12018 Final: _ Plumbing/Gas fill" Rough Plumbing: Building Official Final Plumbing: G SCALE: 1/4"=1'WHEN PRINTED ON 11 X17 PAPER BASED ON THE INTERNATIONAL RESIDENTIAL CODE STAIRWAY ILLUMINATION:ALL EXTERIOR STAIRWAYS SHALL BE a1 ILLUMINATED AT THE TOP LANDING TO THE STAIRWAY. ILLUMINATION SHALL BE CONTROLLED FROM INSIDE THE DWELLING OR AUTOMATICALLY ACTIVATED. DISCLAIMER:THIS PLAN IS NOT CONSIDERED COMPLETE UNLESS APPROVED BY YOUR BUILDING INSPECTOR OR STRUCTURAL ENGINEER.BUILDER ACCEPTS ALL RESPONSIBILITY AND �. p LIABILITY.DECKS.COM LLC AND ASSOCIATED SPONSORS ACCEPT m c NO LIABILITY FOR THE USE OF THIS PLAN. N C O C O U V O c O D O U U (D C () a) O .D C t5 C_ > C _'c a lE y 6 a N m. c > O - c O V m — 19.0 U m C N N 76 N N N—iA cc N C UJ(n to'C a) O C N L a7 N 0 ` N oaa � 5 3 a) U p U p cu L = cu m — 42 N 0a[¢� m c (D a`) lca E o (D 0- E c a o c— 3 p 3 (D'E c O o �c =li m c_ 'u E n > � Oc' N c t`v_ a5.c c O L O c a)(z c L p N v W 'O 010 (D C C N 2 N C �U ccda��i� Edy a1 N a) (h as 3^ c N d c N d N -0N O p N ne O X O CT Q X w p U 0 4 N.0 E�� m U X N O p p 2 do N �� d d8.0 , eea 1 U N E m N W al.FN Y U L 1'10' Na co o(n 0Q ,a r,a 0 0 DISCLAIMER:ONLY USE 42 OR BETTER PRESSURE TREATED SOUTHERN PINE 2X10 FOR FRAMING MATERIALS.NEVER SUBSTITUTE SOFTWOODS OR COMPOSITE FOR FRAMING MATERIALS. DISCLAIMER:THIS PLAN IS NOT CONSIDERED COMPLETE UNLESS APPROVED BY YOUR BUILDING INSPECTOR OR STRUCTURAL ENGINEER.BUILDER ACCEPTS ALL RESPONSIBILITY AND LIABILITY.OECKS.COM LLC AND ASSOCIATED SPONSORS ACCEPT NO LIABILITY FOR THE USE OF THIS PLAN.®DECKS.COM LL TOWN OF BARNSTABLE BAJILDING PERMIT APPLICATION Map T9 _Parcel E ='=�,f �f� 4 i41-i°;> !-E Application Health Divisiona Of ,N r 8 Conservation Division �vb MA- Permit# Tax Collector --Date Issued r Treasure , ®� Application Fee Planning Dept..As D!µ Z B.�._ yoe�1-(ZI �{czU�c Permit Fee ` dk -rib� � EXISTING gEPTICISYSTEM Life-ST Date Definitive Plan Approved by Planning Board . ldc_90oi,LIMITED TO OF BEDROOMS Historic-OKH Preservation/Hyannis o°` Project Street Address -7 Village �` o LT 4+- OwnerG� Address 50 Telephone , Q k T 2 S IDS 9 4 Permit Request `�►�.�/�l [ C�r�-.-��.�y� `1� ��—per r G�,� l Q� e It, ?s Square feet: 1st floor:existing proposed 2nd floor:existing proposed Total new�� Zoning District Flood Plain Groundwater Overlay Project Valuation _ - 4 - Construction Type Lot Size I Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family'V Two Family ❑ Multi-Family(#units) Age of Existing Structure . Historic House: ❑Yes W4o On Old King's Highway: ❑Yes 0,N6' Basement Type: Mull ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) �.� Number of Baths: Full:existing new Half:existing new Number of Bedrooms: existing new Total Room Count(not including baths):existing new First Floor Room Count L Heat Type and Fuel: 1-6as ❑Oil ❑Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:0 existing ❑new size Pool:❑existing ❑new size Barn:0 existing ❑new size Attached garage:❑existing mew size "y() Shed:U existing ❑new size Other: Zoning Board of Appeals Authorization O Appeal# Recorded❑ Commercial ❑Yes 0 No If yes, site plan review# �—Current Use _ Proposed Use -, - - - ..--- BUILDER INFORMATION Name� Telephone Number:7:::�Oz -a- c - Address oj� �y , ) License# � - - -- �4, C,� �:Q��c e, Home Improvement Contractor# Worker's Compensation# 0 70 —Y) r S ® 1 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE b Ib iv FOR OFFICIAL USE ONLY A PERMIT NO. - - - DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE ° OWNER i DATE OF INSPECTION: FOUNDATION FRAME •� �T —- -— _"'� P d�.____ i INSULATION FIREPLACE `a ELECTRICAL: ROUGH` FINAL PLUMBING: ROUGH FINAL GAS: ROUGH rr FINAL FINAL BUILDING �� tee -� Q DATE CLOSED OUT � - ' t�- ASSOCIATION PLAN NO. CERTIFICATE OF INSURANCE IS SUE DATE(MM/DD/YY) 02/25/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Eastern Insurance Group LLC DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 233 West Central Street POLICIES BELOW. Natick, MA 01760 COMPANIES AFFORDING COVERAGE INSURED Steven L Mellor COMPANY A.I.M. Mutual Insurance Co 199 Percival Drive LETTER A West Barnstable, MA 02668 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co I,TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIO DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ 'LAIMS MADE�OCCUR PERSONAL&ADV.INJURY $ OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED.EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINEDSINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS + (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ TI-IER THAN UMBRELLA FORM WORKER'S COMPENSATION AND WC STATU- OTH- L=MPLOYERS'LIABILITY X TORY LIMITS E " 7020385012006 12/27/2006 12/27/2007 EL EACHACCIDENT $ > A THE PROPRIETOR/ INCL 000 PARTNERS/EXECUTIVE EL DISEASE—POLICY LIMIT $ 500,000 OFFICERS ARE: H EXCL EL DISEASE--EA EMPLOYEE $ 1OO OOO OTHER EDESCRIPTIONPERATION S/LOCATIONSNEFIICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE TOWN OF BARNSTABLE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 15 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 200 MAIN ST LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. HYANNIS, MA 02601 AUTHORIZED REPRESENTATIVE f � � t axS � RESIDENTIAL t� 7 NEW HO USE If located: "❑ North of Route 6 -needs certificate of appropriateness from OKH In Hyannis - Check to see if it's included in the Hyannis Historic Waterfront District -if so, it needs Certificate of Appropriateness from them ZBA relief(Special Permit or Variance is required for project: Copy of Decision ocumentation that decision was recorded at the Registry of Deeds w/in one year of ZBA ision date. { Sign-offs from: Engineering [� Health Conservation - —� Planning [� Tax Collector Treasurer Street address ` Owner's name & address Permit request- full description of proposed project Square footage Building Detail for Assessor's office Lot size-An undersized lot(i.e. <43,560 sq ft)requires affidavit from an attorneyattestin to its grandfathered status,plus copies of the deeds used in this determination(,ab ers) Valuation-must be the same as the total on the project cost workshe�t�� Builder's information Signature Estimated project cost worksheet Site plan(shows location& setbacks of house) Plan of record(from Registry) Deed(from Registry) (to attest to ownership) Plans -5 sets measuring 11"x 17"including foundatio cross section, framing schedule &smokes Worker's Comp form must include: Insurance Company's name &Work. Comp. policy • number. Copy of Insurance Compliance Certificate must be on file. Energy Compliance Form Copy of Construction Supervisor's License OR Homeowner's License Exemption Form Check expiration date of license Road Bond($4/foot of road frontage) Signature of Principal required. Affidavit of Financial Interest ❑ (CHECK ITEM 6--APPLICATIONS WITHIN 10 DAYS SHOULD EQUAL 0) ❑ Application Fee ❑ Permit Fee Property Owner must sign Property Owner Letter of Permission. . q-forms:permits l rev. 100804 . r/--.•.-•v..�/•-V.-I►v�►►►/► Vl JIr AYV.►Y/►►►YW►Y . \�/• • Department ofbidttstrid Accidents Of,face of Investigations,.* 1 , ' 600 Washington Street • . Boston,.MA OZIII t ; www.massgov/din Workers' Compensation Insurance Affidavit: Builders/Contractors/iElectrici applicantaris/Plum�bers Information Please Print Le 'blv fame (Business/Or9mizationandividuaD . Lddress. " lty/State/Zip: -VJ Q,-A 6�-Phone#• re you an employer? Check the appropriate box::. Type of pro jest(required): '�an a�cmployer with_ . �• 4. ❑ I am a general'contractor and I ' 6. �����ctinn . employees (fra`and/or part thee).* E have hired the sub-contractors I am.a sole proprietor or partner- listed on the attached sheet t 7. ® Remodeling ship and have no em*loyees Thesc sub-contractors have S. ❑Demolition Working for mein any capacity, workers' comp,insurance, g. 0 Building addition [No workers•' comp:insurance 5• ❑ We are a corporation and its required.] officers have exercised.their 10•0 Electrical repairs or'-additions ❑ I ani i homeowner doitg all work- right of exemption per MGL .11.0 Blunibing iepairs or additions myself.•[Now leers' comp, c..152, §1(4),and we have act 12,[] Roof repairs insurance required.]t eroployces,[No workers'' ' • comp.insurance required.] 13•0 Other iy applicant that checks boa#1 must else fill out the section below showing their workers'compensation policy information: omeowners who submitthis affidavit indicating they are doing all-work and then him outside contractors must submit a new affidavituch indicating s rntractnrs.that check this boi{must attached as additional sheet showing the name cif the sub-contractors and their workers+comp.policy info=-m ion, m an employer that is providing workers'compensation insurance for my employees.'Below is the policy dud}ob site ormation. .— turance•Company Name: 1 �� licy#or Self--ins.Lia#: t w t;� P' (� Q •� -�(�O� gxpirx&n Date•• 4 1 t�/d 7 ��: b Site Address: - City/State/Zip: IL A tack a copy of the workers' coinpensatio policy declar on page(showing the policy number and expiration ate). z7ure to secure coverage as required under Section 25A of MGL c. 152 caii lead to the imposition of criminal penalties of a le up to$,1,500,O and/or one-year imiprisoament,as well as civil penalties in:ie fora of a STOP'WORK ORDER,and a1ine up to$250.00 a day against the violator. $e advised that a copy of this staten=.f may to forwarded to the Office of vestigatidw of the DIA for insurance coverage verification. to hereby certi under the pains and penalties o•perjury that the information provided above is true and correct: Jmature: Date: lone.#: , Official use only. Do not write in this area,to be completed by city.or town o• cial City or Town: Permit/License# , Issuing Authority(circle.one): 1.Board of Health 2.Building Department 3.City/Towa Clerk 4.Electrical Inspector S.Plumbing Inspector 6.Other ' LCoutact?erson: Phone#: . . r , Information and Instructions . �feral Lavrs chapter 152 tequires all employers to provide worlceas' compensation for their employees. `. �sach erson in the service of another under any contract of hire, scant to this statute, as employeHe is defined im ...every P ess or implied,oral or wri{tm. r ers]�ip,•;association,porporation or other legal entity,or any two or more employer is deemed aS" 3ndd1 ,,P : . ,., �. the foregoing engaged a.joint enterprise' and incluc'!mg the legal representatives of a deceased employer,or the eiver or trustee of an individual,partnersbip association or other legal entity,employing emplloyees• HowoVpr:tlte ner of a dwelling boos a h not more than three apartments and who resides therein,or,the occapant of the having yelling house of another who employs Pons to do mainteriaace,construction or repair woiYmn such dwelling house or building aPP #hereto shallnotbecause of such employmentbe deemed to be an employer." onto grounds . 6 also states that"every state or local Heensing.agency shall withhold the issuance or GL chapter 152, §25C( ) ermit to operate a business or to construct buildings In the commonwealth for any newal of alicense or p P licant who has not produced acceptable evidence-of compliance with the insurance coverage required." ter 152, 25C 7 states"Neiiherthe commonwealth nor any of its,political subdivisions shall dditionaIly,MGL chap .. § ( ) 'dence of co fiance with the insurance Ater into any contract for the performance of public work until acceptablc,evi der jnW uts of fliis chapter have been presented to the contracting authority." Tease fill out the workers' compensation affidavit completely,bne hemimr'eg�along with th�lcertificate(s)of on and,if. .. iecessary,supply snb-contractor(s)namae(s),addresses)and pho () LP with no employees.Qther.than the nsurance: LimitedLiability Companies( `or Limited LiabfiityP.artr�erships(L ) are not required to cant'workers' compensation insurance. If an I.LC or LLP dots have or artners, ent of Industrial members P davit ma be submitted to the Departm employees,a policy is required» Be advised that this affi Y Accidents for coafirmatibu of insurance coverage. Also be sure to sign and date the affidavit. 'Ihe affidavit should be returned to the city of town that the applicationuestious to arding the lae permit or license if yobeing are required to obtain workers t of Industrial Accidents. Should you have any q . I g compensation policy,please call the Department at the number listed below, Self-insured companies should enter their self-insurance license number on the appropriate lme. City or Town Officials , the bottom please be sure the affidavit is the left and printed legibly, The Departinent has provided a space ateven the Office off Investigati ns has to regarding the applicant of the affidavit for you to fill out m the o con licant' tensem nbeiV19chwillbeusedas a reference number. Inaddition, an apP please be sure'bo fill in the P hcations in any given year,need only submit one affidavit indicating carrent thaimust submitmdtiPlepermitllicense app policy information(if accessary)and under"lob Site Addressl`ibe applicant should write"all locations in (city or . €thenece sar thathas been officially stamped or marked by the city or town maybe provided to the tow o n)."A copy . as proof that a valid affidav applicant it is-0n file for;future perrntaits•or'lihenses.•Anew affidavit mustbe filled out each applicant where a home owner or citize4 is obtaining a liana a or permit not relatecomplete any business OT= ercial vcntrrre, y t to burn leaves etc.)said pe?•son is NOT required to nip (i. vk e.a dog license or pernn . •' vance for our cogperation and should you have.any questions, The Office ofInvestigations wouldle to thank Y ou in ad y please do nothesitate 0 give us a call.. ' The D ep mtlmeut's address,telephone and.fax u=b er-; The C,0M ollwed&.OfMassachnsetts . • .J{ 'at Accidents . . • : . Department of lubistn v :Office of Investlgatio�ns 60Q•Washington Street- . BOMA,MA 02111. Tel.#617427-4900 ext 406 or•I-877 MA.SSAFE lax#617-727r7749 Revised 5-26-05 www.mass.gov/dia RESIDENTIAL BUILDING PERMIT FEES ?LIGATION FEE - New Buildings $100100 ResideatialAdditioa $50.00 Mtemtions/Renovations $50.00 Mango of Contractor/Builder $25.0.0 E VALUE WOPMUEET ,W LIVING SPACE square feet x$96/sq.foot= x.0041= , b plus frombelow(if applicable) ,TERATIONS/RENOVATIONS OF EXISTING SPACE square feet x$641sq,foot= x.0041= plus frombelow(if applicable) . ARAGES'(attached&detached) L1 9 Q_square feet $32/sq,fL_ x.0041= .CCESSORY STRUCTURE>120 sq.ft.. >120 sf-500 sf $35.00 >500 sf-750 sf 50.00 . >750 sf-1000 sf 75.00 >1000 sf- 1500 sf 100,00 - >1500 sf-Same as new building permit: , square feet $96/sq,foot= x.0041= ,TAND ALONE PERMITS )pen Porch x$30,00= (number) )eck x$30,00= (number) EireplaceMbimneY x$25,00= (number) Inground Swimming Pool $60.00 Above Ground Svimming Pool $25,00 Relocation/Moving $150,00 (plus above if applicable) I ,+ Z Permit Fee l) o r Affidavit of Substantial Financial Interest of on oath depose and state as follows:. 1. 1 am an applicant for a building permit for the property located at Map,, Parcel -- The address of the property is �1 2. 1 have 0 % legal or equitable interest in the real property which is'the subject of the building permit application which is identified in paragraph 1 above. 3. Within in the last twelve months from today's date, which is L16 66 , the following individuals or entities have had a 1% or greater legal or equitable interest in the real property which is the subject of the building permit application which is identified in paragraph 1 above: Name Address 4. Within the last twelve months, from today's date, which is , I have had a 1% or greater legal or equitable interest in the following properties which have been the subject of a building permit application: Map/Parcel Address 5. Within this calendar year, I have submitted building permit applications for property in which I have a 1% or greater legal or equitable interest.. 6. Within the last ten days, I have submitted building permit applications for property in which I have a 1% or greater legal or equitable interest. 7. Within this month, I have submitted building permit applications for property in which I have a 1% legal or equitable interest. g, Within this month, I have received building permits for property in which I have a 1% legal or equitable interest. Signed under the pains and penalties of perjury, this 31.day of )71 WvL 200 2001-oo50/affin 1 nn r)TTFRYIAFFIDAVIT Town of Barnstable Regulatory Services MA�j'E r Thomas F.Geller,Director °rEo;p. Building Division. Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA b2601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject subj J property hereby authorize >. to act on my behalf, in all matters relative to work authorized by this building permit application for. (Address of Job) ignature of Owner Date Print Narne Q:FORMS:owNERPERNIISSION 73 Tobey Way, West Hyanni sport-Anthony Hall Page 1 of 1 Norma H.Hall �;=T , h� � ' 1FI 8L From: Allen, Nancy[Nancy_Allen@nstaronline.com] Sent: Friday, April 28, 2006 2'13 PM To: 'normahn@verizon.net' - --- Subject: 73 Tobey Way, West Hyannisport-Anthony Hall V `!S Hello Tony, _ Just a quick update on your project on Tobey Way.The underground service system design is scheduled tDbe complete by May.12, 2006. The job then progresses to our design supervisor for approval. I anticipate receiving the work project package before the end of May. Once I receive the paperwork I will forward it to you. Sincerely, Nancy Allen Customer Service Engineer NSTAR Electric This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to wh!oln they are addressed. If you have received this email in error please notify the system.manager. 4/28/2006 1 III TURNING MILL CONSULTANTS, INC. DEVELOPERS, ENGII\rEERS AND CONTSTRUCTION MANXGAG`ERS��tkftN;:TgLE G. va 0 T4 Y 16 4 J May 12,2006 Steve Mellor Mellor Building & Remodeling 199 Percival West Barnstable, MA 02668 RE. Structural Engineering Services Totas Residence Lot#2 Tobey Way Hyannisport,MA Dear Mr. Mellor: Turning Mill Consultants, Inc.has reviewed the drawings prepared by M+R Design Associates, LLC titled"Lot#2 TobeY, Y P H annis ort,MA, Totas Residence"dated 4/7/06; and has determined the following: A W 1601 steel beam is required over the Garage supporting the second floor. The W 16 x 31 beam is designed for a 15#/sq.ft dead load and 40#/sq.ft. live load. The allowable span for this beam and this loading condition is 24'-0". Two(2) 3 1/2"lally columns,with Springfield Plates, are required to support the steel beam. A W 1000 steel beam is required over the Master Bedroom supporting the second floor Bedroom#2 area. The W 1000 beam is designed for a 15#/sq.ft dead load and 40#/sq.ft. live load. The allowable span for this beam and this loading condition is 16'-0". Two (2) 3 V2" lally columns, with Springfield Plates, are required to support the steel beam. Based on the loading and clear spans as stated above the steel beams are in conformance with the Massachusetts State Building.code. Should have any questions, please feel free to contact me at(508) 888-4383. Sincerely, Turning Mill Consultants, Inc;s ` � : Robert L. Bodjiak,P.E. Engineering Manager RLB/TMC-S 6.25 68 TAPPER ROAD,UNIT 93,P.G.BOX 1159,SANDWICH,MA 02563 TEL: (508)888-4383 FAX: (508)888-4246 Permit# Permit Date REScheck Software Version 3.7 Release 1 Compliance Certificate Project Title: Tobey Way Report Date:03/30/06 Energy Code: Massachusetts Energy Code Location: Barnstable,Massachusetts Construction Type: 1 or 2 Family,Detached Heating Type: Other(Non-Electric Resistance) Glazing Area Percentage: 12% Heating Degree Days: 6137 Construction Site: Owner/Agent: Designer/Contractor. Hyannisport,MA Mellor Building . . P-asses� r�alximum UA:544 Your Home .. Ceiling 1:Flat Ceiling or Scissor Truss: 884 30.0 0.0 31 Ceiling 2:Cathedral Ceiling(no attic): 1292 30.0 0.0 43 Skylight 1:Vinyl Frame:Double Pane with Low-E: 16 0.550 9 Wall 1:Wood Frame,16'o.c.: 2947 13.0 0.0 207 Window 1:Vinyl Frame:Double Pane with Low-E: 294 0.350 103 Door 1:Solid: 57 0.220 13 Door 2:Glass: 67 0.350 23 Floor 1:All-Wood JoisUTruss:Over Unconditioned Space: 1820 19.0 0.0 86 Floor 2:All-Wood Joist/Truss:Over Outside Air: 197 19.0 0.0 9 Furnace 1:Forced Hot Air:82 AFUE Compliance Statement.Statement of Compliance:The proposed building design described here is consistent with the building plans,specifications,and other calculations submitted with the permit application.The proposed building has been designed to meet the Massachusetts Energy Code requirements in REScheck Version 3.7 Release 1 and to comply with the mandatory requirements listed in the REScheck Inspection Checklist.The heating load for this building,and the cooling load if appropriate,has been determined using the applicable Standard Design Conditions found in the Code.The HVAC equipment selected to heat or coot the building shall be no greater than 125%of the design load as specified in Sections 780CMR 1310 and J4.4. /�lt .A sfyN tf5soc ems, G.G.4L D 3 36) 06 Builderl ner Company Name Date Tobey Way Page 1 of 4 REScheck Software Version 3.7 Release 1 Inspection Checklist Date:03/30/06 Ceilings: ❑ Ceiling 1:Flat Ceiling or Scissor Truss,R-30.0 cavity insulation q/ Comments: ❑ Ceiling 2:Cathedral Calling(no attic),R-30.0 cavity insulation q i( J Comments: (�5 Above-Grade Walls: ❑Wall 1:Wood Frame,16"o.c.,R-13.0 cavity insulation -AZ 0 l Al5 0 fist 0 tJ Comments: Windows: ❑ Window 1:Vinyl Frame:Double Pane with Low-E,U-factor:0.350 For windows without labeled U-factors,describe features: #Panes 7- Frame Type '-/L/fD Thermal Break?k Yes No Comments:_ &J>W 6) k//Nb©w5 gy' _ 4, Skylights: ❑ Skylight 1:Vinyl Frame:Double Pane with Low-E,U-factor.0.550 #Panes Z Frame Type VW}'L Thermal Break?_.X_._Yes No Comments: SKY G 160- flu 6]RAq-T Ie_0OAA Doors: ❑ Door 1:Solid,U-factor.0.220 Comments: 7"�N��Y D K tJA L ❑ Door 2:Glass,U-factor:0.350 Comments: � �U Floors: ❑ Floor 1:All-Wood JoisVrruss:Over Unconditioned Space,R-19.0 cavity insulation Comments: & //tJSUG�i-T/On/ ❑ Floor 2:All-Wood Joist/Truss:Over Outside Air,R-19.0 cavity insulation Comments: FLODA A$OVc J-�O/JT— 169—l'if- Air Leakage: ❑ Joints,penetrations,and all other such openings in the building envelope that are sources of air leakage must be sealed. ❑ When installed in the building envelope,recessed lighting fixtures shall meet one of the following requirements: 1. Type IC rated,manufactured with no penetrations between the inside of the recessed fixture and ceiling cavity and sealed or gasketed to prevent air leakage into the unconditioned space. 2. Type IC rated,in accordance with Standard ASTM E 283,with no more than 2.0 cfm(0.944 Us)air movement from the the conditioned space to the ceiling cavity.The lighting fixture shall have been tested at 75 PA or 1.57 Ibslft2 pressure difference and shall be labeled. Vapor Retarder. ❑ Required on the wamn-in-winter side of all non-vented framed ceilings,walls,and floors. Materials Identification: ❑ Materials and equipment must be identified so that compliance can be determined. Tobey Way Page 2 of 4 ❑ Manufacturer manuals for all installed heating and cooling equipment and service water heating equipment must be provided. ' ❑ Insulation R-values,glazing U-factors,and heating equipment efficiency must be dearly marked on the building plans or specifications. Duct Insulation: ❑ Ducts shall be insulated per Table J4.4.7.1. Duct Construction: ❑ All accessible joints,seams,and connections of supply and return ductwork located outside conditioned space,including stud bays or joist cavities/spaces used to transport air,shall be sealed using mastic and fibrous backing tape installed according to the manufacturer's installation instructions.Mesh tape may be omitted where gaps are less than 1/8 inch.Duct tape is not permitted. ❑ The HVAC system must provide a means for balancing air and water systems. Temperature Controls: ❑ Thermostats are required for each separate HVAC system.A manual or automatic means to partially restrict or shut off the heating and/or cooling input to each zone or floor shall be provided. Heating and Cooling Equipment Sizing: ❑ Rated output capacity of the heating/cooling system is not greater than 125%of the design load as specified in Sections 780CMR 1310 and J4.4. Circulating Hot Water Systems: ❑ Insulate circulating hot water pipes to the levels in Table 1. Swimming Pools: ❑ All heated swimming pools must have an on/off heater switch and require a cover unless over 20%of the heating energy is from non-depletable sources.Pool pumps require a time clock. Heating and Cooling Piping Insulation: ❑ HVAC piping conveying fluids above 120 degrees F or chilled fluids below 55 degrees F must be insulated to the levels in Table 2. Tobey Way Page 3 of 4 Table 1:Minimum Insulation Thickness for Circulating Hot Water Pipes Insulation Thickness in Inches by Pipe Sizes Non-Circulating Runouts Circulating Mains and Runouts Heated Water Temperature("F) Up to 1" Up to 1.25" 1.5"to 2.0" Over 2" 170-180 0.5 1.0 1.5 2.0 140-160 0.5 0.5 1.0 1.5 100-130 0.5 0.5 0.5 1.0 Table 2:Minimum Insulation Thickness for HVAC Pipes Fluid Temp. Insulation Thickness in Inches by Pipe Sizes Piping System Types Range("F) 2"Runouts 1"and Less 1.25"to 2.0" 2.5"to 4" Heating Systems Low Pressure/Temperature 201-250 1.0 1.5 1.5 2.0 Low Temperature 120-200 0.5 1.0 1.0 1.5 Steam Condensate(for feed water) Any 1.0 1.0 1.5 2.0 Cooling Systems Chilled Water,Refrigerant and 40-55 0.5 0.5 0.75 1.0 Brine Below 40 1.0 1.0 1.5 1.5 NOTES TO FIELD:(Building Department Use Only) Tobey Way Page 4 of 4 WASHINGTON o Locus FRANCINE B. GOMES, TR. FARMS TR. `t `n DB 15742 PG 158 z MAP 246 PCL 80 In"+ N o o`# MAP 246 PCL 81 w WILLIAM NELSON JR. z_ NORMA I. HOLDER #71 TOBEY WAY, DB 14440 PG 129 a� DB 1639 PG 228 0 ?o Q N o m �,"n MAP 247 PCL 226 `) "' 10 C 77 TOBEY WAYS' w LO 00 50.32' TO IP IRON 14 R.O.W. EASEMENT N #71 # a POST REF. DB 18018 PG 163 o o - FOUND � �D EXISTING EASEMENT w o ; I< PB 292 PG 71 !m DB 386 PG 301 o #75 `• ` EDGE OF PAVE S86 07E °52' "00 LO — `�- ---_---- _ _ 110.34' I' ` 65.76' _ 152.96 ;-_=-_- 14'-R.O.W. — MAP 246 PCL 239 �i - - - EASEMENT__114_�5D_' vE 318 41 12 N �- _-- -k - #75 TOBEY WAY =—x--_x— :o S�-- S86°52'07"E 318.41" O.A. — — w 2 6LOT 1 ------T - ----i -- Q ------PB534 PG 44 ------ MAP 246 PCL 79 s`�-- w l cv ''� ; J Ln rn #67 TOBEY WAY #67 ------ N N g ! R.O.W. EASEMENT SKETCH PLAN z � �., 0- 00 #73 TOBEY WAY,WEST HYANNISPORT, MA DONNELL E. SPILLANE DB 14026 PG 155 W af o w ,- SCALE : 1 " = 50' DATE : 2-24-04 C.B• C:B. O r)! 0 0 50 100 150 o 0 PREPARED FOR: Norma Holder—Hall (.0 0- off 508-362-4541 't I J I HEREBY CERTIFY THAT THE PROPERTY N N tux 508 362-9880 �-OOF SS LINES SHOWN ON THIS PLAN ARE THE LINES qc DIVIDING EXISTING OWNERSHIPS, AND THE 0 < down cape engineering, Inc. o' yGs LINES OF THE STREETS AND WAYS SHOWN SHOWN ARE P g g� DAME �, THOSE OF PUBLIC OR PRIVATE STREETS m �1 � CIVIL ENGINEER 00 OJALA OR WAYS ALREADY ESTABLISHED, AND THAT w (0 LAND SURVEYORS m Ln 40 6 NO NEW LINES FOR DIVISION OF EXISTING i -' Ln 939 main st. yarmouth, ma__. p _ OWNERSHIP OR FOR NEW WAYS, ARE SHOWN. o m zo m JOB#01 -1 18/03-088 REG. g R'z/7-1101 REF. C.41 S.81 -X, M.G.L. r . • 09-20-2005 a u arc z 2 IUM 10 5 �a l J ERK�' aJ6'�.s`ssL'o! is ��...�'� • - •.SAsHASABtiS, To ; of Barnstable Zoning Board of Appeals Decision and Notice 1, Norma Holder Hall Appeal 2004-121 -Variance Section 3-1.1(5)Bulk Regulations A TRIE Summary: Granted with Conditions Petitioner: Norma Holder Hall Property Address: 73 Tobey Way,Hyannisport,MA. Assessor's Map/Parcel: Map 246 Parcel 80 �l �•` Zoning: Residence B Zoning District BARS, Relief Requested &Background: The property in this appeal is a vacant 1.01-acre parcel.located in a Residence B Zoning District and addressed 73 Tobey Way. The subject lot has been owned by the applicant since 1972. Apparently the applicant is seeking to sell the property and the prospective new owners wish to build upon it. The issue of frontage was raised when the applicant sought a building permit and the Building Commissioner,upon review, determined that the subject lot has no legal frontage thus the building permit application was denied . The applicant has submitted a number of deeds and documents attempting to substantiate that there is a g,) right-of-way from Tobey Way to this parcel that would constitute frontage. The required frontage in this zoning district is 20L feet. The applicant has submitted a document titled"ACCESS EASEMENT". That document establishes a 14 foot wide easement for access and utilities over the neighboring parcel own ecfby Francine B. Gomes and addressed71 Tobey Way(Map 246 Parcel 81). For the purposes of zoning, easements do not constitute road frontage. Plans for the proposed dwelling to be constructed on the property have been presented. The footprint overall measures 60 feet by 51 feet,including the attached one-car garage. The dwelling is shown as a four- bedroom plus bonus room,one&a half-story cape. The area of the dwelling is given as 2,893 sq.ft. and the garage as being 440 sq.ft. Procedural:& Hearing Summary: This appeal was-filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 16,2004. An extension of time for holding the public hearing and for filing of the decision was executed between the applicant and Board. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened September O1,2004 continued to November 03,2004 and to December 8,2004, at which time the Board found to grant the appeal. Board Members deciding this appeal were,Ralph Copeland,Jeremy Gilmore,Randolph Childs and Chairman Daniel M. Creedon 111. Attorney Bernie T.Kilroy represented the appeal to the Zoning Board. The applicant,Ms.Norma Holder. Hall,was also present at the hearing..At the opening of the hearing,Mr.Kilroy presented a brief history of the property, citing that the applicant has owned the lot since 1972. Recently, she decided to sell the property and ultimately,the buyer was denied a building permit for lack of the required 20' frontage. At issue is a 14' paved way, which the Building Commissioner.determined,was not proper frontage. Mr. Kilroy stated that frontage requirements for this district were not implemented until 1984. He cited that access to the lot is adequate and other neighboring lots had relied upon the easement for frontage and access. The Board noted certain issues with respect to an application of the petitioner for an appeal of the Building Commissioner. This Variance request was continued to November 03, 2004 in order to permit.a re-filing of that appeal of the Building Commissioner. At the November 03, 2004 continuance it was noted that only a four member Board was present to hear the appeal. Mr.Kilroy agreed to proceed with only a four member Board. Mr. Kilroy presented his arguments with respect to the Variance relying much upon the legal non-conformity of the lot as one that existed with frontage and access prior to enactment of minimum frontage requirements. He stated that Toby Way had been in existence since 1916. The Board and applicant discussed the adequacy of access. Although the easement services three lots,it was noted that the easement is maintained by owners of 75Tobey Way; George and Irene Carrington. Public comment was requested and Mr. and Mrs. Carrington cited that they were not opposed to the grant of the Variance but were concerned with the nature of the easement and its accessibility with respect to the location of the existing utility poles..It was noted that the easements servicing the lots was a composite of two parallel easements—the 14-foot wide one on the north and a 12 foot wide easement on the south. The utility poles were located in the center of the easements. It was the desire of the Carringtons have to have those utilities placed under ground and the poles removed for safety and adequacy of access. .The Board and the applicant discussed the easements,maintenance and creation of the lot. The appeal was continued to December 08, 2004 in order to permit the applicant and neighbors to work out an agreement with respect to the utility poles and maintenance of the easement for access. The continuance also permitted time for the Board to visit the site. In the December 8"'continuance,it,was noted that although the applicants have met with the neighbors and there was an agreement to agree,there was no firm commitment with respect to placing the utilities under ground,removal of the utility poles, or the maintenance of the easement. The Board expressed its concern with these issues and reviewed the various possibilities. The Applicant addressed the Board but did not . commit to place the utilities under ground. The Board noted it hade made it clear that the adequacy of access of the easements was a critical issue. Mrs. Carrington also addressed the Board stressing the need to have the utilities under ground and the poles removed. Findings of Fact: At the hearing of December 08, 2004,the Board unanimously made the following findings of fact: 1. Appeal Number 2004-121 is that of Norma Holder Hall seeking a Variance to Section 3-1.1(5)Bulk Regulations Minimum Lot Area and Minimum Lot Frontage. The property is addressed 73 Tobey Way, Hyannisport,MA. and is located as shown on Assessor's Map 246 as Parcel 80. It is in a Residence B Zoning District. _ 2. The Board has heard arguments for the granting of the Variance and has viewed the site. The lot at issue has sufficient frontage and access on an easement that in this instance would constitute a"way" as defined under zoning for the purpose of a single-family use. 3. The lot as it exists has sufficient area to constitute a buildable lot under zoning. There is no.need for a Variance from the minimum lot area requirement for this lot as it meets current minimum lot area requirements. The only issue is with respect to the lot's frontage on the easement. 2 ' Y�''" 4. Unique conditions exist with respect to the time,of the creation of the lots that affect the locus but not the zoning district in which it is.located. 5. A literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner with respect to the use of the land. 61. This relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Decision: Based on the findings of fact,a motion was duly made and seconded to grant a Variance subject to the following conditions: 1. Development of the lot shall conform to all setback requirements. 2. In this instance, a 30 foot front yard setback shall be imposed. That front yard setback shall be measured from the northern edge of the 14-foot easement as it traverses the lot. 3. The dwelling to be built on the lot shall not exceed a footprint measuring 60 feet by 51 feet overall, including the attached garage. The garage shall not exceed 440 sq.ft. The dwelling shall not exceed four-bedrooms nor exceed 2,893 sq.ft. of living area. 4.1-Prior to the issuance of a b 4i n ermit-for the ro ert ,.the applicant shall cause the overhead poled g P �, -- ,P .,p -pP._ _ utility lines located on the two easements-to be relocated underground so as to serve the-properties addressed 747 4d 7 .--The applicant'shall-be responsible for=all coif occurreddn•this under grounding and for the removal of the existing utility poles.�With=respe_ct�t�the udder grounding;the applicant shall provide that under grounding,of services to the point of delivery}of the utilities to=the-_lots-3he individual lot owner shall'be"responsible for the under grounding of utilities into the structure;Thee under groi=&and removal.of the_utihty,poles shall be comple[ed priorao the issuance of any-btulding permit for thesubject loth The vote was as follows: AYE: Ralph Copeland,Jeremy Gilmore,Randolph Childs and Daniel M. Creedon NAY: None Ordered: Variance 2004-121 is granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision,if any, shall be.made.pursuant to MGL Chapter 40A,Section 17,within twenty(20)days after the date o ilin' decision,a copy of which must be filed in the office of the Town Clerk. ArP Z, Daniel M. Creedon III, Chairman Date Signed I,Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts.,hereby;certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that na appeal . of the decision has been filed*"e off of the Town Clerk r � Signed and sealed this Z�J —day o-� der zhe ah penalties of pert Linda Hutchenrider,Town Clerk 3 BARNSTABLE REGISTRY OF DEEDS Locus Map 246 Parcel 80 73 Tobey Way Title History 1914 George T. Washington to Josephine L. Lewis(Childs) Book 345 Page 188 1937 deed out to Lohnes of 50 x 50 piece Book 528 Page 515 1949 zone RB created 75' width, 7,500 area 1949 Childs to Pells deed out to the west with ROW Book 729 Page 249 1950 Taking by the Town against Childs(Newcombe) Book 771 Page 529 1951 Town to Tobeys Book 780 Page 159 1951 Tobeys to Mary Walton Book 790 Page 47 1959 Taking by Town Book 1064 Page 429 1963 Affidavit of Low Value Book 1221 Page 99-101 1963 Treasurer's Statement Book 1221 Page 133 1963 Town deeds to itself Book 1231 Page 500 1965 Town to Thompson Book 1287 Page 231 1966 Thompson to Norman& Mildred Holder Book 1345 Page 670 1970 Norman Holder dies Book 12238 Page 191 1972 Mildred Holder to Norma Holder Book 1639 Page 228 1982 Zoning change to add a frontage requirement 1985 Zoning change to I acre I d x A Town of Barnstable License and Permit Bond Bond No. 08BSBDY2256 KNOW ALL MEN BY"THESE PRESENT,that we st,yen L. M l l or Of West Barnstable. Massachusetts as Principal and Hartford Casualty Insurance Company a corporation authorized under the laws of Jndiana and licensed to become surety on bonds and undertakings in the State of Massachusetts, as Surcty, are held and firmly bound unto The Torun of Barnstable, Massachusetts ,Obligee,in the penal sum of One Thousand dollars $1, 000 lawful money of the United States, for which payment, well and tnily to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally; firmly by these present. WHEREAS, the said Principal has applied to the Obligee for a license or permit for/to Street Permit for 73 Tobey Way in West Hyannisport MA NOW, THEREFORE,THE CONDITIONS OF THE OBLIGATION IS SUCH, That if the said Principal shall faithfully perform the duties of such licensee or permitee, and in all things comply with the ordinances, rules and regulations appertaining thereto, then this obligation shall be void, otherwise to remain in full force and effect. The term of this bond is for the period beginning on the 3rd day of ADrii, 200e " and ending on the 3,d day of April , 2007 . This bond may be terminated at any time by the Surety upon sending notice in writing, by certified mail, to the clerk of the municipality with whom this bond is filed and at the expiration of thirty(30)days from the mailing of said notice,the liability of such Surety is thereby terminated and cancelled: and provide further; that nothing herein shall affect any right or liability which shall have occurred under this bond prior to the date of such termination. SIGNED, sealed and dated this 3rd day of April , 2om; Hartford Casualty Insurance Company Steven L. Mel_1_or Surety Principal Ellen J. Yo ag,tOAtior ey n Fact Direct Inquiries/Claims to: POWER OF ATTORNEY P.O.BOX 0°6�S�ORDYLUM ENUE HARTFORD,CONNECTICUT 06115 call.888-266-3488 or fax:860-757-5835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 08 080198 Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana O Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois O Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana O Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford,Connecticut(hereinafter collectively referred to as the"Companies")do hereby make,constitute and appoint, up to the amount of UNLIMITED DONNA M. ROBIE, FRANK W. ENGLAND, FRANK J. SMITH, ELLEN J. YOUNG, CHRISTINA D. HICKEY OF NATICK, MASSACHUSETTS their true and lawful Attorney(s)-in-Fact,each in their separate capacity if more than one is named above,to sign its name as surety(ies)only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003,the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly attested by Its Assistant Secretary.Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ���� .:. '`n�u tav�� �•N>W► 1pT1 � C lYTG 3 ,,,. lg'1! • � ��A ��� • •hUroJf .��� Paul A.Bergenholtz,Assistant Secretary David T.Akers,Assistant Vice President STATE OF CON NECTICUT ss. Hartford COUNTY OF HARTFORD On this 4th day of August,2004,before me personally came David T.Akers,to me known,who being by me duly sworn,did depose and say:that he resides in the County of Hampden, Commonwealth of Massachusetts;that he is the Assistant Vice President of the Companies, the corporations described in and which executed.the above instrument;that he knows the seals of the said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. aScott E.Paseka Notary Public CERTIFICATE My Commission Expires October 31,2007 I,the undersigned,Assistant Vice President of the Companies,DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of April 3, 2006 Signed and sealed at the City of Hartford. p p �µanJ.rt„n .� Mi`Jtlgt9 r•r� /•NNIF Gary W.Stumper,Assistant Vice President POA 2005 e ' BOARD <. License: Cp QF BUIL©;ING RE•'? �4� NSTRUCTIO GIULATIO'NS Numbe�a N SUP�Rvls � , i` �ry/22/aQ�b8 i STEVEN no: 25107 199 peR MELL(A W BARNS q.B ti 7NPt ti a :nl ��'"k".f �.1 '{.�. "E .:.� '... Va' 9 Yk� [ .�3�Yx / .$F l!7''�. "'x 1i �•"(5r.#� "Ff�a a'M,'"' �"*�l � v� �' �.#'. k &.'i �,6� TV"';;�Ede ,}".". �Hg.a•p, *.,e �`,p`.��'"R r.r � a4 i .•3�,� �t�i`,�� �� r!'i t J KILROY & WARREN, P.C. ATTORNEYS AT LAW THE ISAAC P. FAIRFIELD HOUSE 67 SCHOOL STREET BERNARD T. KILROY P.O. BOX 960 BANKRUPTCY COUNSEL LAURIE A. WARREN HYANNIS, MASSACHUSETTS 02601-0960 WILLIAM G. BILLINGHAM TELEPHONE (508) 771-6900 TELEFAX (508) 775-7526 April 11, 2006 Thomas Perry, Building Commissioner Town of Barnstable Yarmouth Road, Hyannis, MA. RE: Property at 73 Tobey Way, West Hyannisport Barnstable Assessor' s Map 246, Parcel 80 Dear Mr. Perry: This office represents Mrs . Norma Holder Hall, the current owner of the above property who intends to construct a single family residence thereon. The purpose of this letter is to determine whether, under the present zoning bylaw of the Town, my client may construct a residence thereon. Enclosed please find copies of the following: 1. Deed from George T. Washington to his daughter, Josephine L. Lewis dated May 26, 1914 and recorded in Book 345, Page 188 in which locus is described as containing about an acre of land; 2 . Deed from Josephine L. Lewis to Archie Lohnes of a 50' by 50' parcel at the southwest corner of the parcel, dated August 16, 1937 and recorded in Book 528, Page 515 (this parcel is now owned by the Carringtons and shown on the enclosed sketch plan; 3 . Deed to the my client recorded in Book 1639, Page 228 in which locus is described as the second parcel therein; 4 . Sketch plan showing locus and the 14 foot wide right of way described in the frontage variance recorded in Book 20276, Page 98; and 5 . Frontage variance to my client recorded in. Book 20276, Page 98 (note the Board of Appeals granted an extension of the year period to my client) . Although the Board of Appeals stated in its decision that the lot has sufficient area under the zoning by law(based on the Town Assessors information) , the lot appears to contain approximately 40, 000 square feet and would not conform to the . present area requirement of one acre. However, I have examined the record title to locus from 1914 to date and, except for the 2500 square foot parcel conveyed away in 1937 to Lohnes as above described, hereby certify the locus lot has been in ownership separate from that of adjoining lots from 1937 to date. Based on the above, including the variance from the frontage requirement, it is my opinion that the Locus has the protection of M.G.L.c.40, s. 6 and of chapter 240, section 91 from the increase of the area requirement. which occurred in 1985 and is therefor a lot on which a single family residence may be constructed .as a matter of right. 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X. + � a CL R. col, � o.J�-a'u.A. � �G�-u-nn,�a.c�, o�.,n.�. �:�vt�.�, :�o� :�1Er -�trw�• • A.,.GuVitbO/ C'a,hR.nn,vvvJ.._�_,i,V+.�t.V�!Y _Q�'� ^- �an,.,C�,, -�i.� "ri�AJ�n.C, oiv..c�, ' T J,.1n.uJ4 '� 0.rtAr�)Qu �t/Lo+�N o.X.x- .v✓�+G-�-iU ,nti�'�.wv�.Q.t✓ �.�t,a� CJ �� _ JV7�Kxx�c. �/+/�. C.tl'� /W� p./7v✓KA.i 0..4� ..� ost/�0�. �t�� G �..Wd,. .d,�9�M.d, JWW,r A.�.,V,�� J�..6 J+•K.A.. p�/�p��.. Q.,M0.. -LI.QJ„-V�F�V1+ AM.Oc.q,Q,�, IV ��+�a./ �.-�aC�.�i.�.�,n�w av�.r�,:. `7U.�J�.l c,A.�, , -�i,.a�•l.R.wvt�a' ,G.a.�. ISO ,VIL. t,U Lb�t�., t9 ►'f. �/�/�a�.no�c �.lt,-,rw.- �olv�.�,.��,J • �)�.a,,�.�, �.`i,�a�,,.�,�ow' p.,.�,.d, ;tPn.o: QArh:� ��v�.oay.nn�. tinnA�rw.lv�^.,lv.�, � �,••A.. -�r,,ia. ��-U°' o,� o.,n.d.. d..Ut.d,, „�.a.� VV �V �dew-a►..d, c�.-�.� �- •�.�n.a,�°.A.�.e�.�, • �'v.rir .a., ss;,�a-c�vv�+-d, r�'�wkc�l:V• a,►, �9�(, o�.ol• iu��.a,.d.a.�. �, ._,�►.�! .a �, e� ,-ask. IIA ".Cj • �].-�,,,o',r-��.� o��. �/t`w�..�.t,, .Q�run�,7t.,1, e`� -rv`��d�•�.�.,a.�,�., Qa,nd., � p 1�J cn.taow a,wd. Jc) • ate•d.�eAx-an• o�nn.d, a*�. r WITNESS my hand and the corporate seal this sixteenth day of September, 1937. Jacob J. Yonkers. Corporate Seal CLERK (LS) r Barnstable,ss. Received September 28, 1937, and is recorded. _ � s/S ------------------------------------------------------------------Q�gc- -------� - I, Josephine L. Childs of Barnstable Barnstable County, Massachusetts, being married, p. for consideration paid, grant to Archie Lohnos of Barnstable with warranty covenants the land in Barnstable in that, part sometimes known as West Hyannisport Bounded and described as follows,- Northerly by other land of Josephine L. Childs there - measuring Fifty feet. Easterly by other land of Josephine L. Childs there measuring Fifty feet. Southerly by land now or formerly of Joseph Baker there measuring 4 Fifty feet. Westerly by land of George T. Washington there measuring Fifty Feet. _�� �• Together with a right of Way over my adjoining land to the east of.the granted premises. I, Alfred Childs Husband of the Grantor release to the said grantee all rights of Tenancy by the Curtesy and all other interest therein. Witness our hand-and seal this sixteenth day of August 1937 Josephine L. Childs a Alfred r. Childs Commonwoalth of Ua ssachusetts Barnstable ss. August _ 1937 Then personally appeared the above-named Josephine L. Childs and acknowledged the foregoing instrument to be her free act and deed, before me Thomas J ralsh Notarial Seal Notary Public (LS) My commission expires Sep 24 1938 Barnstable,ss, Received September 30, 1957, and is recorded.' J -------------------------------------------------"'----------------------------------- Commonwealth Of Massachusetts all whom it may concern: Land Court I, De a F. Tripp of Harwich, Massachusetts hereby give notice that on the second w duy of Se ember 1937 filed in said Court a petition against' To of Harwich, �}Estate of Alo o Tripp, Mary B. Thompson, William V. Tripp G rge F. Tripp, Rebecca V. Currie Heirs of or devisees of Samuel Tripp own to foreclose a h tax lien acquired and a certain tax deed (or deeds) rom the Collector of Taxes for the City :(or Town) o arwich, in the County o Barnstable and said Common- wealth, dated July ES, 1935' .d recorded with arnstable Deeds in Book 513, Page 55. Said deed (or deeds) co ers a cer in parcel of land situated in Harwich In the County of Barnstable and said o nwealth, which_is described. as follows: On the North by land formerly of one r m, on the East by a Town road, on the .,South by land of Rebecca Miller, a n.the st by Herring River, containing about 2 acres. orge F. Tripp- Name all respondents as i petition. Barnstable,ss. Received S tember 30, 1937, and is reco ed. ----------------------- -------------------------------- ------------------------- I, Geraldine C. Clarke f New York, N.Y. being married, for.consideration paid, Grant to Louise S J nPs of Harwich, with quitclaim covenants a my right, title - and interest in nd to the land in Harwich, bounded as follows:- mmencing at the Southwes rly corner of the premises in the range of Elizabeth Et st land; thence No herly by a town road leading to the sea shore, to the land of irs of Alonzo ripp; thence Easterly by said range and a fence to the land of heirs of boo :639 Ka 228 KNOW ALL MEN BY THESE P .RESENTgS t That I, MILDRED 1_. HOLDER, surviving tenant by the entirety, of Barnstable (West Hyannisport),.Barnstabl.e County, Massachusetts, for consideration paid, grant unto NORMA ISALENE HOLDER, of Barnstable (West Hyannisport), Barnstable County, Massachusetts, residing on Craig ville Beach Road, with QUITCLAIM COVENANTS, the following described parcels of land, together with any buildings thereon: FIRST PARCEL: • I The land situated in Barnstable (Hyannis), Massachusetts, and bounded and described as follows: SOUTHEASTERLY: by Mitchell Lane, so-called, there measuring 87.28 feet, more or less; SOUTHWESTERLYs by land now.or formerly of Veda Mitchell, there measuring 214.96 feet, more or less; NORTHWESTERLY: by there nmeasuringf125.03d n or ormerlYfeet,omor of Jseph n e or less; and NORTHEASTERLY: by land now or formerly of Bearse heirs and land of the said Arthur H. Dagwan, there measuring a total-of 240.06 feet, more or less. � . Containing 23,064 square feet, more or less, and being the same rectangular parcel of land designated as belonging to Sadie Mitchell, { now deceased, as shown on a plan entitled "Plan of Land in Hyannis, Mass., belonging to Veda and Sadie-Mitchell, March, 192811, recorded in the Barnstable County Registry of Deeds\in Plan Book 36, Page 85• Sadie Mitchell, also known as Sadie Mason, was deceased on June 11, 1959, no probate having been filed. The deceased left a husband, Leroy F. Mason, and two married daughters, Sarah F. Rea and Claire C. Colweck as her only heirs at law. For title see also deed dated July 5, 1961, to be recorded with i said deeds. For title, see deed of Leroy F. MasoA to Norman County Registryaof. Holder, dated July 2, 1963 recorded with Barns y Deeds in Book 1208, Page 316. Page 1 JON"P.cuatev.M..R,eN"o t.-a►R:.ett . - couM•awu��uw Mw,N 8"h= • NVA 16 M�wReRo�e+T�MWI - - BOUti 16 PACT 2 �� LO f✓J 7 SECOND PARCEL$ The land in West Hyannisport, Barnstable County, Massachusetts, and bounded and described as follows$ WESTERLY by land now or formerly of. George T. Washington, „+ about 214.00 feet; NORTHERLY by land now or formerly of said George T. Washingto , about 200.00 feeti EASTERLY by land now or formerly of•said George T. Washing- i ton, about 221.00 feet, and SOUTHERLY by land now or formerly of Joseph A. Baker, about 203.00 feet. Consisting of approximately one half acre of land, more or least and being the some property conveyed to Town of Barnstable by Mary T. Walton, by deed, dated December 30, 1963., and recorded in Barnstable Registry of Deeds, Book 1231, Page 500, and said, parcel was sold to Philip E. Thompson on January 20, 1964, at Selectmens' auction, Barnc stable County, Massachusetts. s For title, see deed of Philip E. Thompson to.Norman B. Holder and Mildred I. Holder, dated November 6, 1965, recorded with Barnstable ^� County Registry of Deeds in Book 1345, Page 670. THiR,_D PARCEr The land with the buildings thereon, situated in Barnstable (Center- viile),;Barnstable County, Mass., bounded and described as follows: I. y On the NORTH by land formerly of Seth Parkerl on the EAST by Send Hill Road so-called; on the SOUTH by the Falmouth Roadi and on the WEST by land formerly of Seth Parker deceased. Containing about 40 acres, more or less and known as I'Sabbatia F Farm". FOURTH PARCEL$ v A certain parcel of land together with the buildings thereon situated i in Centerville aforesaid, Barnstable County, Mass:, bounded and de- scribed as follows: Beginning at-the Northeast corner of thegranted premises at an Page 2 �eMN P.aURLay.in.•RICHARD L.CYR I 6DUNIO1.169"AT bAM 4 Tea YVsn MAIM a,ra . MT1uwu.MAMIAO,IIM�Mb, �( 5alt;39 ea 230 iron pipe; thence running Southerly by land of Elmer Wirtanen. to a swamp; thence same course through the swamp to an iron'pipe; thence running Westerly and Southerly still by land of Elmer Wirtanen to the.Falmouth Road so-called; i thence running Westerly by said Falmouth Road to the Sand Hill Road so-called and land now or formerly of Ida L. Sarkinen et al; thence running Northerly and Easterly by land of said Sarkinen et al to land pf E. S. Phinney to the first mentioned bounds. Containing 7 acres, more or less. Excepting from the above described Third and Fourth Parcels those l premises conveyed to Ida L. Sarkinen and Ida L. Sarkinen guardian to { Aina Palmunen, Book 447, Page 78 and Book•477, Page 79. The above described Third and Fourth Parcels are conveyed .to- gether with benefit of and subject to all ,rights, rights of way, re- �. strictions, easements and reservations of record if,the same are in force andapplicable. For title to the Third and Fourth Parcels, see the deed of Anthony J. Gonsalves at ux by Norma Realty Trust, Mortgagee, to.Horma ' Realty Trust, dated March 29, '1961, recorded in Barnstable County Registry of Deeds, Book 1109, Page 437, and see deed of Norman B. Holder, Trustee of.Norms Realty Trust to Norman B. Holder and Mildred I. Holder, dated August 25, 1965, recorded in Barnstable County Regis- try of Deeds, Book 1309,'Page 934• There being no monetary consideration paid for this transfer.-no excise stamps are required. j WITNESS my hand and seat this day of January,' 1972. Mildred I. 'Holder The Commonwealth of Massachusetts ss January ..2F 1912' ? Then.:personally appeared .the above-named MfLDRED 1. MOLDER and I� acknowledged the foregoing instr t to be her free act and dee , before me ry Public �lJj"R • - <'My commission expires:. i Page 3 'Jam P.Ctna ur,."L&RICKARD 1.CU LLXV - CppRNLLQW AT LAM x wnul"al/i11Rf NrAlIM1A:.MnwAalwaTs aaael .. - . 27 412 &EM `jIL ow 1..639 PAu 228 K N O W A L L M E N B Y T H E S E P R E S E N T S (jam ��1�' That I, MILDRED 1. HOLDER, surviving tenant by the entirety, of Barnstable (West Hyanni sport),.Barnstable County, Massachusetts, for consideration paid, grant unto NORMA ISALENE HOLDER, of Barnstable (West Hyannisport), Barnstable County, Massachusetts, residing on Craig ville Beach Road, with QUITCLAIM COVENANTS, the following described parcels of land, together with any buildings thereon: LLR;L PARCEL: ' i The land situated in Barnstable (Hyannis), Massachusetts, and bounded ; and described as followst SOUTHEASTERLY: by Mitchell Lane, so-called, there measuring i 87.28 feet, more or less= SOUTHWESTERLY: by land now or formerly of Veda Mitchell, there measuring 214.96 feet, more or less; NORTHWESTERLY: by land now or formerly of Joseph Monteiro, there measuring 125.03 feet, more or less; and ; NORTHEASTERLY: by land now or formerly of Bearse heirs and i land of the said Arthur H. Dagwan, there ! measuring a total of 240.06 feet, more or less. , Containing 23,084 square feet, more or less, and being the same rectangular parcel of land designated as belonging to Sadie Mitchell, now deceased, as shown on a plan entitled "Plan of Land in Hyannis, Mass., belonging to Veda and Sadie Mitchell, March, 192811, recorded in the Barnstable County Registry of Deedslin Plan Book 36, Page 85• Sadie Mitchell, also known as Sadie Mason, was deceased on June y 11, 1959, no probate having been filed. The deceased left a husband, i Leroy F. Mason, and two married daughters, Sarah F. Rea and Claire C. Colweek as her only heirs at law. For title see also deed dated July 5, 1961, to be recorded with ! said deeds. For title, see deed of Leroy F. Mason to Norman Holder and Mildredi Holder, dated July 2, 1963 recorded with Barnstable County Registry of Deeds in Book 1208, Page 316. Page 1 swot F.et:atsr.ne.a wlcMwao L.ouauer ' C MMNLLOM AT LAw . 7N We MAIN aNMMR . M,ANNIC MMµ""Won"MWI . A � . r 601M ib M 229 SECOND PARCELS v The land in West Hyannisport, Barnstable County, Massachusetts, and bounded and described as follows: WESTERLY by land now or formerly of George T. Washington, about 214.00 feet; NORTHERLY by land now or formerly of said George T. Washington, w. about 200.00 feet; h EASTERLY by land now or formerly of said George T. Washing- i ton, about 221.00 feet, and SOUTHERLY by land now or formerly of Joseph A. Baker, about i i• 203.00 feat. .' Consisting of approximately one half acre of land, more or less, and being the some property conveyed to Town of Barnstable by Mary T. Walton, by deed, dated December 30, 1963, and recorded in Barnstable Registry of Beads, Book 1231, Page 500, and said parcel was sold to Philip E. Thompson on January 20, 1964, at Selectmen:' auction, Barnc a stable County, Massachusetts. For title, see deed of Philip E. Thompson to Norman B. Holder and Mildred 1. Holder, dated November 6, 1965, recorded with Barnstable ;7 County Registry of Deeds in Book 1345, Page 670. n THIRD PARCElt The land with the buildings thereon, situated in Barnstable (Center- ville),;'Bornstable County, Mass., bounded and described as follows: I On the NORTH by land formerly of Seth Parker; on the EAST by Sand Hill Road so-called; on the SOUTH by the Falmouth Road; and on the WEST by land formerly of Seth Parker deceased. �i Containing about 40 acres, more or less and known as "Sabbatia Farm". FOURTH PARCEL: k A certain parcel of land together with the buildings thereon situated i i in Centerville aforesaid, Barnstable County, Mass., bounded and de- scribed as follows: Beginning at the Northeast corner of tfieugranted premises at an a Page 2 JON"P.OURUIV.JR.•R,ONARD L.CYR - COUNINIµIONA A7 LAM 766 Mho MAIN rarer . •NVANNM.MAastwwatA 02"1 I .. r ' Ilual�163y fiu�l• 230 . iron pipe; _ thence running Southerly by land of Elmer Wirtanen to a swamp; thence same course through the swamp to an iron pipe; thence running Westerly and Southerly still by land of Elmer Wirtanen to the Falmouth Road so-called; thence running Westerly by said Falmouth Road to the Sand Hill Road so-called and land now or formerly of Ida L. Sarkinen at al; thence running Northerly and Easterly by land of said Sarkinen et al to land of E. S. Phinney to the first mentioned bounds. Containing 7 acres, more or less. I Excepting from the above described Third and Fourth Parcels those premises conveyed to Ida L. Sarkinen and Ida L. Sarkinen guardian to { Ain& Palmunen, Book 447, Page 78 and Book 477, Page 79. The above described Third and Fourth Parcels are conveyed to- S+ gether with benefit of and subject to all rights, rights of way, re- i strictions, easements and reservations of record if the same are in force and applicable. For title to the Third and Fourth Parcels, see the deed of Anthony J. Gonsalves at ux by Norma Realty Trust, Mortgagee, to Norma Realty Trust, dated March 29, 1961, recorded in Barnstable County Registry of Deeds, Book 1109, Page 437, and see deed of Norman B. Holder, Trustee of Norma Realty Trust to Norman B. Holder and Mildred l I. Holder, dated August 25, 1965, recorded in Barnstable County Regis- try of Deeds, Book 1309, Page 934. I There being no monetary consideration paid for this transfer, no excise stamps are required. WITNESS my hand and seal this d day of i January,, 1972• � sJ�'-• - ; Mildred i• Holder The Commonwealth of Massachusetts ss January 1972 ? Then personally appeared the above-named MILDRED I. HOLDER and acknowledged the foregoing instr t to be her free�act and dee , before me /f Owry Public My commission expires: i Page 3 JOMN t.CUet1.R'.M•RICNAao L eua:.ar 2 cOYMMLWb uw 2� � � aa wo.f4N1.,.a. • N�Y,Nn.M►.Na1NM....easel r \ ���PQO o�5•( p �t lop / 5e• { f �;ta. ti° �fv�i• a y � e >f P ASSESSORS MAP 746 PARCELS:82 - ///J ZONING:R8 FRONTAGE-20 FT AREA-43,560 SF WIDTH- 100 FT aern D SETBACKS: FRONT_20 FT SIOE - 10 FT REC TO CB FND REAR -10 FT CB 0.14'S44'0B'17'W FND FLOODZONE C BARNSTABLE _ __-_ - PANEL#250001 0008 D -( m-- - _-__-_- _ JULY 2, 1992 CB FNO Id REC TO CS FND -___-__- 0.16'S45'14'33"M m�1nw11 ry i FOR REGISTRY USE ONLY LOCUS MAP - h ; 1 SCAIE 1'_BOBB' - - RED TO CB N 0,87'NOV0V36'E roaRr IFAY CB JS R PRIVATE .n -------•----� FND LOT C , 40t.J' OPEN SPACE PB SOS PC 18 SHAPE 187,15' S 88'5150'C TO HFRE S 86'S i;50•C i I - N LOT 6 0 44ss4 SFt 21.7 SHAPE c cI q, ml :iND �� I 339.51, 80.62'� JB.12' _ ; BRB n15 51S0 E S RS'Sa_27-F 1 S 86'51 s0 E 165.11 BC PRrvAIE;A ECEC TO CO FND - 40 iT WIDE p.24,N19'20'48'E REC TO BRB FND' LOT 5 _ 0.05•S47'19'43'W G SHED S 44,273 SFi - - 21.0 SHAPE FOUNDAIION CONCRETE T E O,ef�g b�' 'J • i I o .J.OG og PLAN OF LAND IN ?66-°6 __ BARNSTABLE, MA N 77.07� , - y EXISTING w S (WEST HYANNISPORT) DWELLING 1) ,C17 - f 1191. 1 J1.4 1 �k LOT 4 �Jf.RO PREPARED FOR C)�. 44,564 SF3 - ,yyb1. n 19.7 SNAPE ry oo S . NORMA I. HOLDER—HALL W J,340.00' -,2 aL v.:p G b SCALE:1'.60' C7 n„n LO7 ] ry�RO rn h - DATL: SEPTEMBFR 28.20Da - Io- 70.19SHAPE 6Do 60 120 ISO het 7 N � ZD 340'00 N BARNSTABLE PLANNING BOARD Ba•0!i 75'W APPROVAL .under the SUBDIVISION CONTROL LAW NOT REQUIRED LOT 2 43.591 SFi DATE: 20.1 SHAPE - A 61, Oa Y RE' 340.00• ,200 — ------ H Y NOTE: ry LOT 1 NO DETERMINATION AS TO COMPLIANCE WITH THE SFi 43.590 If�T ti ZONING ORDINANCE REQUIREMENTS HAS BEEN MADE 20.1 SHADE �r�PO` OR INTENDED BY THE ABOVE ENDORSEMENT REC TO ORB FND ab 0.06'N1715'14'E 340.00�AIOA � A-30.70' BRB BRB A.32.10' m R.18.B1 R7D FND N 84'05'75 \ /R.27.27 )9,B7' B CRAICVIIIf BA'AcS 84.05'25'E79.28'��JI COUN7Y UYOIN a R WIDE PAVFD SURFACE REC TO BRB FNO '+M M, g 0.04'N31'45'12'E 1 CERTIFY THAT 7HI5 PLAN WAS MADE IN ACCORDANCE WITH REGISTERS OF DEEDS ,n REODUTIONS EFFECTIVE JANUARY 1,1876. AND AS AMENDED JANUARY 7.19178. sorw OWNER OF A° ARNE down cape engineering, inc. , 17yuA • NORMA L HOLDER-HALL P.O.BOX 164 CIVIL ENGINEERS .WEST NYANNISPORI,NA 02672 Z6 REF: BOOK 1018 PAGE 591 LAND SURVF.YOR9 SA€._ AR oLS.-- REF:PUN BOOK 13B PACE 17 REF:PLAN BOOK 184 PACE 149 tg.ITIBIn at.yarmo0II1,1118 02675 1 a 3 T6 Norma Holder--Hall Post Office Box 164 West Hyannisport, MA. 02672 i 508 775-0596 normahn@verizon.net Mr. Tom Perry Town of Barnstable Building Commissioner 200 East Main Street Hyannis,Mass. 02601 June 13, 2006 Re: Extension of variance of Lot 73, West Hyannisport, Ma. 02672 Dear Mr. Perry, This letter is to explain the reason for seeking leniency in extending our variance again on Lot 73 Tobey Way, West Hyannisport,Mass. The land was under agreement for 12 months and it was stated that the purchaser would be responsible for the stipulations of the Town variance in regards to the engineering and designing of underground systems. The sale fell through because the purchaser failed to close after numerous extensions. Since Dec. 2005 till now we have been working with NSTAR engineering Dept.trying to get system designed and engineered. On May 9,2006 we received the plans,but they are now being redesigned because Donnell and Jane Spillane (67 Tobey Way, W. Hyannisport, Ma.)refused to grant the utilities easement. We are now waiting for the fmal engineering plans from NSTAR. Sincerel , Norma Holder Hall Anthony L. all Norma Holder-Hall Post Office Box 164 West Hyannisport, MA. 02672 508 775-0596 norinahn@verizon.net Mr. Tom Perry Town of Barnstable Building Commissioner 200 East Main Street Hyannis,Mass. 02601 June 13, 2006 Dear Mr. Perry, Regarding our conversation on Tuesday, June 13, 2006 about the extension of the easement on Lot 73, Tobey Way, West Hyannisport, Ma.. Donnell and Jane Spillane, abutters at#67 Tobey Way, West Hyannisport, have refused to give a utilities easement on their property. We have changed engineering plans with NSTAR and Verizon utilities and have obtained the easement elsewhere. Zer , N a Holde — all Anthony . Hall r Outside Plant Engineering venzon 44 Old Townhouse Road South Yarmouth,MA 02664 May 30, 2006 Fax 508 760-6889 Norma Isalene Holder P.O. Box 164 West Hyannisport, MA 02672 Re: Underground service off Tobey Way, Hyannisport, MA Dear Ms. Holder, Verizon New England Inc. and Nstar Electric Company have been asked to provide facilities for the above-referenced project. Before construction can begin, permission must first be obtained in the form of an easement. We respectfully request you review the enclosed "Easement" document and, if agreeable, have the "recording copy" signed, notarized and returned in the envelope provided. Retain the "owner's copy" for your file. Should you have any questions or require additional information please contact me at the number below. Thank you for your consideration and prompt cooperation. Sincerely, ( 'c J. Samuels Manager, Right of Way 508-398-5754 Enclosures EJS/dr Easement#06-E57 EASEMENT KNOW ALL MEN BY THESE PRESENTS that NORMA ISALENE HOLDER, individually with a mailing address of P.Q. Box 164, West Hyannisport, MA 02672, (hereinafter called the "Grantor") grants to VERIZON NEW ENGLAND INC., a New York corporation, having its principal place of business at 185 Franklin Street, Boston, Massachusetts 02110, and COMMONWEALTH ELECTRIC COMPANY, a Massachusetts corporation, having its principal place of business at 800 Boylston Street, Boston, Massachusetts 02199, together with their respective successors and assigns, as tenants in common, or any licensee from either of them (hereinafter "Grantees"). WHEREAS,the Grantor owns in fee simple a certain parcel of land known as 73 Tobey Way,situated in the Town of Barnstable, Barnstable County,Massachusetts. For Grantor's title see deed dated January 28, 1972 and recorded in Book 1639,Page 228 at the Barnstable County Registry of Deeds. NOW THEREFORE,in consideration of the mutual covenant herein contained,the Grantor grants to the Grantees, their successors and assigns, with quitclaim covenants, the exclusive and perpetual right and easement to access, erect, construct,reconstruct, locate, relocate,dig up,dredge, connect, install, lay, operate, maintain,patrol, inspect, repair, replace, alter, extend or remove-one or more lines for the transmission and/or distribution of electricity for light, heat, power or other purpose and for the transmission and/or distribution of intelligence and telecommunications including the necessary wires, cables, conduits, conductors; manholes and associated surface closures, transformers, transformer enclosures, insulators, fittings, switches, terminals, pedestals, fixtures, pads, foundations, platforms, service cabinets, electronic enclosures with equipment therein, appurtenances and other apparatus and equipment (hereinafter "facilities") deemed necessary for the purposes specified above, as the Grantees may from time to time desire along, upon, across, under and over portions of land which Grantor is sole owner (hereinafter "Easement Area"). The said Easement Area is a portion of the premises described in the aforementioned Grantor's deed and shown as Lot 80 on Town of Barnstable Assessors Map 246 The said Easement Area is approximately shown on a sketch which is incorporated herein by reference, a copy is in the possession of each party. The exact location of said Easement Area to be determined by and to become permanent upon the erection of said facilities thereof by the Grantees. Said facilities establish the centerline of said Easement Area which shall be Fifteen(15)feet in width. The parties agree to the following terms and conditions: 1. The exclusive and perpetual right and easement above described and herein conveyed is intended to prohibit surface or subsurface structures or use of the area by others, including Grantor, which might damage or interfere with the operation and maintenance of Grantees' facilities without the prior written consent of Grantees, but is not intended to prohibit crossing of said Easement Area so long as such crossings do not interfere with or prohibit the full use and enjoyment of the easement herein granted. 2. Grantees shall have the right of ingress and egress by foot or by vehicle to the Easement Area over Grantor's property,if necessary,for all of the aforementioned purposes. 3. Grantees shall have the right to connect such conduits, cables, and wires within said Grantor's land with the poles, conduits, cables and wires which are located or which may be placed on parcels of land, public ways or private ways adjacent or contiguous to the aforesaid premises. 4. Grantees shall have the right to cut and remove all trees, undergrowth and other obstructions in the Easement Area to the extent that the Grantees deem necessary to operate and maintain said facilities safely. Grantees shall repair, re-grade and restore the said Easement Area, as necessary, at their own expense to substantially the. same condition that existed prior to the commencement of the work. 5. Said facilities shall remain the property of the Grantees,their successors and assigns. Owners,z IN WITNESS WHEREOF, 1�� Grantor has hereunto set its hand and seal this / day of ,2006 (`Norma Isalene Holder Commonwealth of Massachusetts County of ,ss. On this �' day of 2006, before me, the undersigned Notary Public, personally appeared Norma ene Holder,proved to me through satis ctory evidence of identity,which as/were (please note identity document presented or personal knowledge) to be the person whose name is signed on the preceding or attach'ed document, and acknowledged to me that she signed it voluntarily for its stated purpose. [Affix Notary Seal Below] Notary Public Signa e f� �ytzsS3i59�8 f a &P, ti Printed Name o otary Public AF a � My Commission expires x# -ram: •.� _ h'1,,.�t.-, Return To: Verizon New England,Inc. Right of Way 44 Old Town House Road South Yarmouth,MA 02664 #05-E57 Outside Plant Engineering very zo map 44 Old Townhouse Road South Yarmouth, MA 02664 Fax 508 760-6889 May 30, 2006 Francine B. Gomes, Trustee Francine B. Gomes Revocable Trust Agreement P.O. Box 128 West Hyannisport,MA 02672 Re: Underground service off Tobey Way, Hyannisport, MA Dear Ms. Gomes, Verizon New England Inc. and Nstar Electric Company have been asked to provide facilities for the above-referenced project. Before construction can begin, permission must first be obtained in the form of an easement. We respectfully request you review the enclosed "Easement" document and, if agreeable, have the "recording copy" signed, notarized and returned in the envelope provided. Retain the "owner's copy" for your file. Should you have any questions or require additional information please contact me at the number below.. Thank you for your consideration and prompt cooperation. Sincerely, T* . Samuels Manager,Right of Way 508-398-5754 Enclosures EJS/dr Easement#06-E57 A EASEMENT KNOW ALL MEN BY THESE PRESENTS that Francine B. Gomes, Trustee of FRANCINE B. GOMES REVOCABLE TRUST AGREEMENT,under a declaration of trust dated September 23,2002 and recorded in Book 15742, Page 148 at the Barnstable County Registry of Deeds, with a mailing address of P.O. Box 128, West Hyannisport, MA 02672, (hereinafter called the "Grantor") grants to VERIZON NEW ENGLAND INC., a New York corporation, having its principal place of business at 185 Franklin Street, Boston, Massachusetts 02110, and COMMONWEALTH ELECTRIC COMPANY, a Massachusetts corporation, having its principal place of business at 800 Boylston Street, Boston, Massachusetts 02199, together with their respective successors and assigns, as tenants in common,or any licensee from either of them(hereinafter"Grantees"). WHEREAS,the Grantor owns in fee simple a certain parcel of land known as 71 Tobey Way,situated in the Town of Barnstable, Barnstable County, Massachusetts. For Grantor's title see deed dated September 23, 2002 and recorded in Book 15742,Page 158 at the Barnstable County Registry of Deeds. NOW THEREFORE,in consideration of the mutual covenant herein contained,the Grantor grants to the Grantees, their successors and assigns, with quitclaim covenants, the exclusive and perpetual right and easement to access, erect, construct, reconstruct, locate,relocate,dig'up, dredge,connect, install, lay, operate, maintain, patrol, inspect, repair, replace; alter, extend or remove one or more lines for the transmission and/or distribution of electricity for light, heat, power or other purpose and for the transmission and/or distribution of intelligence and telecommunications including the necessary wires, cables, conduits, conductors, manholes and associated surface closures, transformers, transformer enclosures, insulators, fittings, switches, terminals, pedestals, fixtures, pads, foundations, platforms, service cabinets, electronic enclosures with equipment therein, appurtenances and other apparatus and equipment (hereinafter "facilities") deemed necessary for the purposes specified above, as the Grantees may from time to time desire along, upon, across, under and over portions of land which Grantor is sole owner (hereinafter "Easement Area"). The said Easement Area is a portion of the premises described in the aforementioned Grantor's deed and shown as Lot 81 on Town of Barnstable Assessors Map 246 The said Easement Area is approximately shown on a sketch which is incorporated herein by reference, a copy is in the possession of each party. The exact location of said Easement Area to be determined by and to become permanent upon the erection of said facilities thereof by the Grantees. Said facilities establish the centerline of said Easement Area which shall be Fifteen(15)feet in width. The parties agree to the following terms and conditions: 1. The exclusive and perpetual right and easement above described and herein conveyed is intended to prohibit surface or subsurface structures or use of the area by others, including Grantor, which might damage or interfere with the operation and maintenance of Grantees' facilities without the prior written consent of Grantees, but is not intended to prohibit crossing of said Easement Area so long as such crossings do not interfere with or prohibit the full use and enjoyment of the easement herein granted. 2. Grantees shall have the right of ingress and egress by foot or by vehicle to the Easement Area over Grantor's property,if necessary,for all of the aforementioned purposes. 3. Grantees shall have the right to connect such_conduits, cables, and wires within said Grantor's land with the poles, conduits, cables and wires which are located or which may be placed on parcels of land, public ways or private ways adjacent or contiguous to the aforesaid premises. 4. Grantees shall have the right to cut and remove all trees, undergrowth and other obstructions in the Easement Area to the extent that the Grantees deem necessary to operate and maintain said facilities safely. Grantees shall repair, re-grade and restore the said Easement Area, as necessary, at their own expense to substantially the same condition that existed prior to the commencement of the work. 5. Said facilities shall remain the property of the Grantees,their successors and assigns. By signing this easement,Francine B. Gomes,certifies that she is the Trustee of the Grantor Trust, that the Trust is in full force and effect without an unrecorded amendment and he is authorized by all the beneficiaries of the Trust to grant the within easement on the terms and conditions stated herein. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal this—LCday of (aljl�k. ,2006 FRANCINE B.GOMES REVOCABLE TRUST AGREEMENT By: Fr cine B.Gomes,Trust e. Commonwealth of Massachusetts County of ,ss. On this day of 2006, before me, the undersigned Notary Public, personally appeared Franci B. Gomes, proved to me through sa sfactory evidence of identity, which was/were (please note identity document presented or personal knowledge) ASS` Z,;Z- , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose as Trustee of Francine B.Gomes Revocable Trust Agreement. Al a [Affix Notary Seal Below] �g � a Notary Public Sign e w Printed Name o otary Public My Commission expires 4d �� �-_ Return To: Verizon New England,Inc. Right of Way 44 Old Town House Road South Yarmouth,MA 02664 #05-E57 s Outside Plant Engineering ver§2:o 44 Old Townhouse Road South Yarmouth,MA 02664 May 30, 2006 Fax 508 760-6889 Geraldo P.DaSilva Ismenia DaSilva 77 Tobey Way West Hyannisport, MA 02601 Re: Underground service off Tobey, Way, Hyannisport,MA Dear Mr. &Mrs. DaSilva, Verizon New England Inc. and Nstar Electric Company have been asked to provide facilities for the above-referenced project. Before construction can begin, permission must first be obtained in the form of an easement. We respectfully request you review the enclosed "Easement" document and, if agreeable, have the "recording copy" signed, notarized and returned in the envelope provided. Retain the "owner's copy" for your file. Should you have any questions or require additional information please contact me at the number below. Thank you for your consideration and prompt cooperation. Sincerely, J. Samuels Manager, Right of Way 508-398-5754 Enclosures EJSJdr Easement#06-E57 i EASEMENT KNOW ALL MEN BY THESE PRESENTS that GERALDO P. DASILVA and ISMENIA DASILVA, husband and wife as tenants by the entirety, with a mailing address of 77 Tobey Way, West Hyannisport, MA 02601, (hereinafter called the"Grantors")grants to VERIZON NEW ENGLAND INC.,a New York corporation,having its principal place of business at 185 Franklin Street, Boston, Massachusetts 02110, and COMMONWEALTH ELECTRIC COMPANY,a Massachusetts corporation,having its principal place of business at 800 Boylston Street, Boston, Massachusetts 02199, together with their respective successors and assigns, as tenants in common, or any licensee from either of them(hereinafter"Grantees"). WHEREAS,the Grantors own in fee simple a certain parcel of land known as 77 Tobey Way, situated in the Town of Barnstable, Barnstable County, Massachusetts. For Grantors' title see deed dated September 2, 2005 and recorded in Book 20229,Page 162 at the Barnstable County Registry of Deeds. NOW THEREFORE,in consideration of the mutual covenant herein contained,the Grantors grant to the Grantees, their successors and assigns, with quitclaim covenants, the exclusive and perpetual right and easement to access, erect, construct, reconstruct, locate,relocate, dig up,dredge, connect, install, lay, operate, maintain,patrol, inspect, repair, replace, alter, extend or remove one or more lines for the transmission and/or distribution of electricity for light, heat, power or other purpose and for the transmission and/or distribution of intelligence and telecommunications including the necessary wires, cables, conduits, conductors, manholes and associated surface closures, transformers, transformer enclosures, insulators, fittings, switches, terminals, pedestals, fixtures, pads, foundations, platforms, service cabinets, electronic enclosures with equipment therein, appurtenances and other apparatus and equipment (hereinafter "facilities") deemed necessary for the purposes specified above, as the Grantees may from time to time desire along,upon,across,under and over a portion of land which Grantors are sole owners (hereinafter "Easement Area"). The said Easement Area is a portion of the premises described in the aforementioned Grantors' deed and shown as Lot 26 on a plan entitled "Washington Farm Estates Subdivision Plan of Land, Barnstable Massachusetts (West Hyannisport) for Washington Farm Estates Realty Trust"date: April 21, 1980, scale: 1" = 50', prepared by Down Cape Engineering, Route 6A, Yarmouth, Mass., recorded in Plan Book 374,Page 72 at the aforementioned Registry of Deeds. The said Easement Area is approximately shown on a sketch which is incorporated herein by reference,a copy is in the possession of each party. The exact location of said Easement Area to be determined by and to become permanent upon the erection of said facilities thereof by the Grantees. Said facilities establish the centerline of said Easement Area which shall be Fifteen(15)feet in width. The parties agree to the following terms and conditions: 1. The exclusive and perpetual right and easement above described and herein conveyed is intended to prohibit surface or subsurface structures or use of the area by others, including Grantors, which might damage or interfere with the operation and maintenance of Grantees' facilities without the prior written consent of Grantees; but is not intended to prohibit crossing of said Easement Area so long as such crossings do not interfere with or prohibit the full use and enjoyment of the easement herein granted. 2. Grantees shall have.the right of ingress and egress by foot or by vehicle to the Easement Area over Grantors' property,if necessary,for all of the aforementioned purposes. 3. Grantees shall have the right to connect such conduits, cables, and wires within said Grantors' land with the poles, conduits, cables and wires which are located or which may be placed on parcels of land, public ways or private ways adjacent or contiguous to the aforesaid premises. 4. Grantees shall have the right to cut and remove all trees, undergrowth and other obstructions in the Easement Area to the extent that the Grantees deem necessary to operate and maintain said facilities safely. Grantees shall repair, re-grade and restore the said Easement Area, as necessary, at their own expense to substantially the same condition that existed prior to the commencement of the work. 5. Said.facilities shall remain the property of the Grantees,their successors and assigns. - ;1 ;oPy IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals this day of ,2006 Geraldo P.DaSilva Ismenia DaSilva Commonwealth of Massachusetts County of ,ss. On this day of 2006, before me, the undersigned Notary Public, personally appeared Geraldo P. DaSilva, proved to me through satisfactory evidence of identity, which was/were (please note identity document presented or personal knowledge) , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. [Affix Notary Seal Below] Notary Public Signature Printed Name of Notary Public My Commission expires Commonwealth of Massachusetts County of ,ss. On this day of 2006, before me, the undersigned Notary Public, personally appeared Ismenia DaSilva, proved to me through satisfactory evidence of identity, which was/were (please note identity document presented or personal knowledge) , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. [Affix Notary Seal Below] Notary Public Signature Printed Name of Notary Public My Commission expires Return To: Verizon New England,Inc. Right of Way 44 Old Townhouse Road South Yarmouth,MA 02664 #06-E57 5089574508 NSTARYARMOUTH 04:54:48 p.m. 09-28-2006 1 /2 TM JOB ASSIGNMENT ORDER ORDER NO. Comiktric. AMOUNT CPA AREA WORK ORDER . TAX DISTRICT. HPO-. 4 LOCATION A SKETCH `755 rM Ul 030 a 1.4 SEC CND ... f SCH 40 �o Qza o30 OA 24 PRI CND 4-8' "C CND` 2:4-SEE ND S CH 80 71 2r4 PR1 GN g SCH 40 7 107 0l 0 2.4 PR1 CND ST E E L l ' 60 33� 2 I ® 0 606 NO. TEL.BILL..INFO. TRAN$F:REQ. PREPARED BY DATE$.( , APPROVED BY DATE COMPLETED BY DATE STARTED DATE COMPLETED CA 1 LS CROSS REFERENCE REG.NO. gev.7AM 5089574506 NSTARYARMOUTH 0455:46p.m. 09-28-2006 2/2 COMflectric JOB ASSIGNMENT ORDER AMOUNT CBA WORK ORDER TAX WTRICT LOCATION �FQ 11Z�1 SKETCH i t —tC I(O A1- 2,5KV P12 {MFP_q C/ 6L6: Imo_± 3- Ic 410 AL. sECONaAA\ CA8LE PULL'box E-i5" 2 EcoIJ bAlZq qA M d FJOLE N L1c t4 N fN G ArkJQ05-r0f, e:Leow a.. N c COORDINATION BETWEEN THE PARTIES: In order. to insure an econ=ical and expeditious installation of underground , electric distribution facilities, the Developer shall arrange•a meeting. or meetings- . of their trenching and electrical contractors, the Company construction coordinator, f�etd construction supervisors of other utilities, and representatives of any.. municipal departments concerned with construction in the development. The t tweeting shall be held prior to the start of construction. The Company shall } atake all connections` between its facilities and the Facilities of•others. The company shall snake the final decision as to the electric 'requirements of an electric `distribution system in any residential real estate development. The Developer and the Company shall enter into ,an agreement embodying the. substance of the foregoing plan before it is binding on the parties, such agreenielit to contain ally minor changes as may be necessitated by the nature, terrain, alid location of the development. TRANSF.REQ• em NO, TEL BILL IN.F0. DATE APPROVED BY DOE PREPARED BY ' COMPLETED BY DATE S't'AATED DATE COMPI MD dpn�rrq�, • eexrrSI ease V. C_ i r Town of Barnstable Zoning Board of Appeals Notice of Withdrawal Goddard ; t .. Appeal 2005-016—Special Permit-Section 4-4.3(2) Non-conforming Buildings or Structures and `ON findings MGL Chapter 40A,Section 6 Appeal 2005-017—Variance- Section 3-1.1(5)Bulk Regulations,Minimum Lot Area and Minimum Side Yard Setback Summary: Withdrawn Without Prejudice Petitioner: Norma Holder Hall --7 Property Address: 73 Tobey Way,Hyannisport,MA. Assessor's Map/Parcel: Map 246 Parcel 80 Zoning: Residence B Zoning District Relief Requested: !m ' In Appeal 2005-16 and 17,the applicants,Thomas and Laura Goddard,Trustees of the Fish Hill Realty > Trust, sought to demolish and rebuild a single-family dwelling not in conformity to the required setbacks. The subject lot is a 0.51 acre parcel that is developed with a small boat house and shed. Above the boat house is a residential apartment-type unit that apparently dates to the early 1950's. The applicant submitted these two appeals to allow for an addition to be added to the structure that would expand the use of the property as a single-family dwelling. The applicant has been working with the Building Commissioner in attempts to secure a building permit for the addition as-of-right. Procedural Summary: The appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on November 16, 2004. An extension of time for holding a public hearing and for filing the decision was executed between the applicant and Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with M.G.L. Chapter 40A. The hearing was opened January 19, 2005,continued to February 9, 2005,April 27, 2005 and to June 8, 2005, at which time,the applicant's representative,Attorney Patrick M. Butler,requested that these appeal be permitted to be withdrawn without prejudice as the relief requested was no longer necessary. Motion: At the June 8,2005,hearing a motion was duly made and seconded to grant the petitioner's request to withdraw the Appeals 2005-16 and 17 without prejudice. The vote was as follows: AYE: Ralph Copeland, Gail Nightingale, Sheila Geiler,Jeremy Gilmore,Ron S. Jansson NAY: None Ordered: Appeals 2005-016 and 2005-017 has been withdrawn without prejudice. Appeals of these decisions,if any, shall be made pursuant to M.G.L. Chapter 40A,Section 17, within twenty days after the date of the filing of this decision. Ron Jansson, cting Chairman Date Signed I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts, hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider,Town Clerk 2 ,1 p1MEl U4 1-*4 •.BARNSfABM �A`'� ult ti Town of A*stab = Zoning Board of Appeals Decision and Notice Norma Holder Hall Appeal 2004-121 -Variance Section 3-1.1(5)Bulk Regulations Minimum Lot Area &Frontage Sti mrtary: Granted with Conditions Petitioner: Norma Holder Hall Property Address: 73 Tobey Way,Hyannisport,MA. Assessor's Map/Parcel: Map 246 Parcel 80 Zoning: Residence B Zoning District 9( � s Relief Requested &Background: Iao The property in this appeal is a vacant 1.01-acre parcel located in a Residence B Zoning District and addressed 73 Tobey Way. The subject lot has been owned by the applicant since 1972. Apparently the applicant is seeking to sell the property and the prospective new owners wish to build upon it. The issue of frontage was raised when the applicant sought a building permit and the Building Commissioner,upon review, determined that the subject lot has no legal frontage thus the building permit application was denied. The applicant has submitted a number of deeds and documents attempting to substantiate that there is a right-of-way from Tobey Way to this parcel that would constitute frontage. The required frontage in this zoning district is 20 feet. The applicant has submitted a document titled"ACCESS EASEMENT". That document establishes a 14 foot wide easement for access and utilities over the neighboring parcel owned by Francine B. Gomes and addressed 71 Tobey Way(Map 246 Parcel 81). For the purposes of zoning, easements do not constitute road frontage. Plans for the proposed dwelling to be constructed on the property have been presented. The footprint overall measures 60 feet by 51 feet,including the attached one-car garage. The dwelling is shown as a four- bedroom plus bonus room, one &a half-story cape. The area of the dwelling is given as 2,893 sq.ft. and the garage as being 440 sq.ft. Procedural&Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on July 16,2004. An extension of time for holding the public hearing and for filing of the decision was executed between the applicant and Board. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened September O1,2004 continued to November 03,2004 and to December 8,2004, at which time the Board found to grant the appeal. Board Members deciding this appeal were,Ralph Copeland,Jeremy Gilmore,Randolph Childs and Chairman Daniel M. Creedon III. Attorney Bernie T.Kilroy represented the appeal to the Zoning Board. The applicant,Ms.Norma Holder Hall,was also present at the hearing. At the opening of the hearing,Mr.Kilroy presented a brief history of the property,citing that the applicant has owned the lot since 1972. Recently, she decided to sell the property and ultimately,the buyer was denied a building permit for lack of the required 20' frontage. At issue is a 14' paved way,which the Building Commissioner determined,was not proper frontage. .T Mr.Kilroy stated that frontage requirements for this district were not implemented until 1984. He cited that access to the lot is adequate and other neighboring lots had relied upon the easement for frontage and access. The Board noted certain issues with respect to an application of the petitioner for an appeal of the Building Commissioner. This Variance request was continued to November 03,2004 in order to permit a re-filing of that appeal of the Building Commissioner. At the November 03,2004 continuance it was noted that only a four member Board was present to hear the appeal. Mr.Kilroy agreed to proceed with only a four member Board. Mr. Kilroy presented his arguments with respect to the Variance relying much upon the legal non-conformity of the lot as one that existed with frontage and access prior to enactment of minimum frontage requirements. He stated that Toby Way had been in existence since 1916. The Board and applicant discussed the adequacy of access. Although the easement services three lots,.it was noted that the easement is maintained by owners of 75 Tobey Way, George and Irene Carrington. Public comment was requested and Mr. and Mrs. Carrington cited that they were not opposed to the grant of the Variance but were concerned with the nature of the easement and its accessibility with respect to the location of the existing utility poles. It was noted that the easements servicing the lots was a composite of two parallel easements—the 14-foot wide one on the north and a 12 foot wide easement on the south. The utility poles were located in the center of the easements. It was the desire of the Carringtons have to have those utilities placed under ground and the poles removed for safety and adequacy of access. The Board and the applicant discussed the easements,maintenance and creation of the lot. The appeal was continued to December 08, 2004 in order to permit the applicant and neighbors to work out an agreement with respect to the utility poles and maintenance of the easement for access. The continuance also permitted time for the Board to visit the site. In the December 8`h continuance,it was noted that although the applicants have met with the neighbors and there was an agreement to agree,there was no firm commitment with respect to placing the utilities under ground,removal of the utility poles, or the maintenance of the easement. The Board expressed its concern with these issues and reviewed the various possibilities. The Applicant addressed the Board but did not commit to place the utilities under ground. The Board noted it hade made it clear that the adequacy of access of the easements was a critical issue. Mrs. Carrington also addressed the Board stressing the need to have the utilities under ground and the poles removed. Findings of Fact: At the hearing of December.08, 2004,the Board unanimously made the following findings of fact: 1. Appeal Number 2004-121 is that of Norma Holder Hall seeking a Variance to Section 3-1.1(5)Bulk Regulations Minimum Lot Area and Minimum Lot Frontage. The property is addressed 73 Tobey Way, Hyannisport,MA. and is located as shown on Assessor's Map 246 as Parcel 80. It is in a Residence B Zoning District. 2. The Board has heard arguments for the granting of the Variance and has viewed the site. The lot at issue has sufficient frontage and access on an easement that in this instance would constitute a"way"as defined under zoning for the purpose of a single-family use. 3. The lot as it exists has sufficient area to constitute a buildable lot under zoning. There is no need for a Variance from the minimum lot area requirement for this lot as it meets current minimum lot area requirements. The only issue is with respect to the lot's frontage on the easement. 2 t f I 4. Unique conditions exist with respect to the time,of the creation of the lots that affect the locus but not the zoning district in which it is located. 5. A literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner with respect to the use of the land. 6. This relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Decision: Based on the findings of fact, a motion was duly made and seconded to grant a Variance subject to the following conditions: 1. Development of the lot shall conform to all setback requirements. 2. In this instance, a 30 foot front yard setback shall be imposed. That front yard setback shall be measured from the northern edge of the 14-foot easement as it traverses the lot. 3. The dwelling to be built on the lot shall not exceed a footprint measuring 60 feet by 51 feet overall, including the attached garage. The garage shall not exceed 440 sq.ft. The dwelling shall not exceed four-bedrooms nor exceed 2,893 sq.ft. of living area. 4. Prior to the issuance of a building permit for the property,the applicant shall cause the overhead poled utility lines located on the two easements to be relocated underground so as to serve the properties addressed 71,73 and 75. The applicant shall be responsible for all cost occurred in this under grounding and for the removal of the existing utility poles. With respect to the under grounding, the applicant shall provide that under grounding of services to the point of delivery of the utilities to the lots. The individual lot owner shall be responsible for the under grounding of utilities into the structure. The under grounding and removal of the utility poles shall be completed prior to the issuance of any building permit for the subject lot. The vote was as follows: AYE: Ralph Copeland,Jeremy Gilmore,Randolph Childs and Daniel M. Creedon NAY: None Ordered: Variance 2004-121 is granted with conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision,if any, shall be made pursuant to MGL Chapter 40A,Section 17,within twenty(20)days after the date of the filing of this decision,a copy of which must be filed in the office of the Town Clerk. Daniel M. Creedon III, Chairman Date Signed I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify; that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that zno appeal of the decision has been filed the e of the Town Clerk Signed and sealed this / d o C201&rnde pains d penAlties Of penury; Linda Hutchenr der,Town Clerk 3 w 5 } q `?TOyWN OF+BAR ', -,,B'T E, �U:D7T t�C�,P, 1 MIT APPLICATION;. , n Map `LL{6 :. ',Parcel ?, il �, Permit# ;;Health-Division :� b r � Qtc #� t,'; �Dafetlssued s .SS { �'���' + '' `� i¢/�!�2�. r�( ®, A licatio Fee Conservation Division /4 Ql} , �� pp 3 _ Tax Collector � 10 y01/C � 1 ". ':'� l r.' PWmit Feed`` Treasurer �` + •r� } �`I t_, , + f - }fir Z Planning Dep /a , '"/�/f� • c . . ' a To��%� -f t "}SEPTIC SXS7EM MUST BE 4. ,J 1 `i s,+ _ ;! ,t � fSTA!.IED INCQ�IpLJANCE Date Plan#Approved by PlanningBoard ,f�ft' a.. aaa.,®.� , I , W MT r Historic Preservation/Hyannis ENVi�ONMEPITAL CODE�1tdb FLall •, ► t, = � ` � 'F.,� TrV�t}liN�F�'� ''+y�� ., 'ti. f f ` ' Protect StreetlAddrep' ``� { +, : i , Village ;GSt- h\51 `rs -Owner * mot litco for tcAek&c> o Y A-9%dress $06- `O(M i6vi',�1(Jlc\- Telephone `6f1 '5W, 4I0C Permit Request uJ /141 l/ I ;1 Square feet: 1st floor: existing proposed 2nd floor: existing 1129 propose �� Total new Zoning District FloodlPlain Groundwater Overlay Project Valuation s 000 Co structioKype 1 Jboc Fro,^ Lot Size L I o`� Grandfathe ed:1-0 Yes.��:_-If-yes,a tach supporting documentation. Dwelling Type: Single Family Q' Two Family ❑ Multi-Family(#units) ' Age of Existing Structure Historic House: ❑Yes Q No On Old King's Highway: ❑Yes Cl No °:Basement Type: OL ll ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) �00 I y Number of Baths: Full: existing new Half: existing new j Number of Bedrooms: existing new Total Room Count(not including baths):existing new �1 First Floor Room Count 5 Heat Type and Fuel: 3/Gas ❑Oil ❑Electric ❑Other ,t : Central Air: ;QYes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:O existing ' size _ Barn:El existing ❑new size Attached garage:❑existing drnew size Shed:❑existing 1EIrnew size qLQ Other: _ s Zoning Board of Appeals Authorization Cl Appeal# Recorded❑ Commercial O Yes ❑ No If yes,site plan review# >' Current Use Proposed Use r' s (� BUILDER INFORMATION Name Telephone Number ((7 500 V)rlo " Address FR'E License# C 5 019c,3 s Home Improvement Contractor# I�k 2.'LG Worker's Compensation# COv`1 610 oa 47- UwJa e, cr,(Q. 0443371 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE r r. wC3 UvIlt -3 -Z odf SaW�� �e `c-ev icW ��Q Pls . full awsLAD eY ��a'� °FVE, Town of Barnstable Regulatory Services r t BAMSPABLE. ' Thomas F. Geiler,Director MAM 1639. MA A1e� Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 April 6, 2004 Norma Holder Hall PO Box 164 West Hyannisport,MA 02672 RE: 73 Tobey Way,West Hyannisport Dear Ms.Holder Hall: The above referenced lot is in zoning district RB which requires a minimum of 20 feet of lot frontage. Because this lot has no frontage your application for a new home has been denied. You may appeal this decision if you so desire. If I can be of any further assistance please contact the building department at 508 862-4038. Sincerel Thomas Perry , Building Commissioner r AW/TP f 2l O Y I ..r BILE CLERK B1 E r 16,39. .* Town of Barnstable Zoning Board of Appeals Decision and Notice Norma Holder Hall Appeal 2004-155-Appeal of the Building Commissioner's Decision of October 12,2004 Summary: Sustain Commissioner's Decision Petitioner: Norma Holder Hall Property Address: 73 Tobey Way;Hyannisport,MA. Assessor's Map/Parcel: Map 246 Parcel 80 Zoning: Residence B Zoning District Relief Requested &Background: In Appeal 2004-155,Norma Holder Hall sought an Appeal of the Building Commissioner's Decision.of October 12,2004. That decision denied a Building Permit for a lot that the Building Commissioner has determined is lacking in minimum frontage.The property is located as shown on Assessor's Map 246 Parcel 80,addressed 73 Tobey Way,Hyannisport,MA. in a Residence B Zoning District. The property in this appeal is a vacant 1.01-acre parcel located in a Residence B Zoning District and addressed 73 Tobey Way. The subject lot has been owned by the applicant since 1972. Apparently the applicant is seeking to sell the property and the prospective new owners wish to build upon the lot., The issue of frontage was raised when the applicant sought a building permit and the Building Commissioner, upon review,determined that the lot has no legal frontage thus the building permit application was denied. Procedural &Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on October 14,2004. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened November 03,2004 at which time the Board found to sustain and uphold the decision of the Building Commissioner. Board Members deciding this appeal were,Ralph Copeland,Jeremy Gilmore,Ron S.Jansson,Randolph Childs and Chairman Daniel M. Creedon III. Attorney Bernard T. Kilroy represented the applicant before the Board. The applicant,Norma Holder Hall was also present. Mr.Kilroy,presented the history of the lot noting that the property is located off Tobey Way in West Hyannisport and was created in 1916 by a deed from George Washington. Originally,there was a house on the lot according to the deed and that the lot had used Tobey Way as access to Craigville Beach Road. The house burned down in 1952 and the property remained a vacant lot. In 1956 a town wide rezoning was adopted and this parcel was in a Residence A-1 Zoning District which required 7,500 square feet with no frontage. In 1969,the lot was rezoned to Residence B. It was not until 1982 that a 20-foot minimum frontage came into being for the district. Mr.Kilroy cited that it is his belief that since there was no frontage requirement until 1982; and the lot pre- dated that time and pre-dated zoning in its entirety,it is therefore a pre-existing non-conforming lot entitled to a building permit as-of-right. The Board and Mr.Kilroy discussed the difference between"frontage"and "access"and if actual legal"access"to the lot existed via a"way". The Board discussed the interpretation on Section 4-4.2(1)(C)with regards to the frontage requirement and if this section offered grandfathered A� ,r - r protection to the subject lot. The Board questioned if the Board of Surveyors ever endorse the 1961 plan which showed a private way serving the neighboring lot. The Board expressed concerns regarding access and designed private ways/easement and who maintains the access. Mr.Kilroy stated that there is no agreement on maintenance of the way/easements but legally they all have an obligation to maintain it. The Board and Mr.Kilroy discussed the area of the easements noting there were two parallel easements;part of which is paved. It was noted that the lot farthest from Tobey Way was the Carringtons' home and they have no frontage,only an easement for access. It was also noted that that home dated to the 40s. Public comment was requested and George and Irene Carrington 75 Tobey Way—presented pictures of their house and road. They stated that they are not in opposition to building on the lot but are concerned with the easement and location of the two utility poles in the middle of the easements. Findings of Fact: At the hearing of November 03,2004,the Board unanimously made the following findings of fact:' 1. The property at issue in Appeal 2004-155 is addressed 73 Tobey Way,Hyannisport,MA and is located as shown on Assessor's Map 246 as Parcel 80.It is in a Residence B Zoning District. 2. In that appeal to the Board,Norma Holder Hall is appealing the Building Commissioner's Decision of October 12,2004. In that decisions the Building Commissioner has denied a Building Permit based upon his assessment that the lot has no frontage. 3. Historically the Zoning Board of Appeals has maintained that for the purposes of zoning,easements do not constitute road frontage nor can they be used to create frontage for a lot: Decision: Based on the findings of fact,a motion was duly made and seconded to uphold and sustain the October 12, 2004 decision of the Building Commissioner's that the subject lot has no frontage. The vote was as follows: AYE: Randolph Childs,Ralph Copeland,Jeremy Gilmore,Ron S. Jansson, and Daniel M. Creedon NAY: None Ordered: In Appeal 2004-155; the Board has found to sustain and uphold the Building Commissioner's decision of October 12, 2004 that the subject lot has no frontage. Appeals of this decision,if any,shall be made ' pursuant to MGL Chapter 40A,Section 17,within twenty(20)days after the date of the filing of this decisio a c of which must be filed in the o e of the;Town Clerk. Daniel M.Cree on III,Chairman. Date_Signed I,Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty(26)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed' e office of the Town Clerk. Signed and sealed this �� der t s a p9naItW of perjury. Linda Hutchenrider,Town Clerk 2 pUtNE goy, Town of Barnstable O x r Regulatory Services x x x BARNMBLE, 9 MASS. Thomas F. Geiler,Director �ArFON10'�A Building Division Thomas Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 October 12, 2004 Norma Holder Hall PO Box 164 West Hyannisport, MA 02672 RE: 73 Tobey Way, West Hyannisport Dear Ms. Holder Hall: The above referenced lot is in zoning district RB which requires a minimum of 20 feet of lot frontage. Because this lot has no frontage your application for a new home has been denied. You may appeal this decision if you so desire. If I can be of any further assistance please contact the building department at 508 862-4038. Sincerely, Thomas Perry Building Commissioner AW/TP cc: Bernie Kilroy c Giangregorio, Robin From: Deputy D. Melanson [dmelanson@hyannisfire.org] Sent: Monday, August 09, 2004 12:16 PM To: Giangregorio, Robin Subject: c73,Tobey Way, West'Hyannisport MA 02672 73 Tobey Way, West Hyannisport MA 02672 Map 246 Parcel 80 Robin, I received a call from Mr. & Mrs. Hall who own this property. They asked if I could look at this site to see if there is adequate access for fire and EMS vehicles. I visited the site today, and as laid out we have sufficient access to the properties located here. Specifically #77 & #75 as well as the undeveloped lot located at #73 Tobey Way. Dean L. Melanson, Deputy Chief Hyannis Fire Dept. 1 WASHINGTON 0 Locus FRANCINE B. GOMES, TR. FARMS TR. `� `n DB 15742 PG 158 co 1!0 z MAP 246 PCL 80 N 00 o #73 TOBEY WAY o MAP 246 PCL 81. w WILLIAM NELSON JR. z N 0 #71 TOBEY WAY ORMA 1. HOLDER DB 14440 PG 129 Qf a DB 1639 PG 228 0o in a N MAP 247 PCL 226 c1q t 0 o 77 TOBEY WAYS' Uj cc) 50.32' TO IP IRON 14 R.O.W. EASEMENT �► #71 -1 z # of a POST REF. DB 18018 PG 163 m FOUND v EXISTING EASEMENT 0 D 0 0 ,., < PB 292 PG 71 0 o _ �, �m DB 386 PG 301 o #75 00 EDGE OF PAVE S8 56' 2'07"E �( ' - '� ------•----- 110.34' ` 65.76' -� _ i IP FND 50.00' `� �:_ - - �t�Y-- �M��*wf -�J) - _.586.5207"E - 15296 -_-- -- ----- _.�' -__:; _;:_: .-14'.=R.O.W_:EASEMENT 11-0-90' _._.- - ' MAP 246 PCL 239 �� 64�5 #75 TOBEY WAY ,.--'= ON�pF�1vE 318841---_t 2=_EA-SEM.ENT---- -x------- -- t S86-52'07"E 318.41�O.A o . w 1 ! LOT 2 o i LOT 1 - ----- 3� PB 534 PG 44 ! o ,y PB 534- PG 44 ---- n t- MAP 2 46 PCL 79 �s�-_. w in #67 TOBEY WAY #67N �,� ) J a a co a R.O.W. EASEMENT SKETCH PLAN z �, 00 #73 TOBEY WAY,WEST HYANNISPORT, MA DONNELL E. SPILLANE DB 14026 PG 155 Of o ,: w r- SCALE : 1 = 50 DATE . 2-24-04 C.B. O C.B. a� 0 50 100 150 0 m = o PREPARED FOR: Norma Holder—Hall `-, 00 ff 508-362-4541 1 HEREBY CERTIFY THAT THE PROPERTY N 't fox 508 362-9880 �FMAS LINES SHOWN ON THIS PLAN ARE THE LINES 1-, 4 j _j N sqc DIVIDING EXISTING OWNERSHIPS, AND THE 0 M a ' down cape engineering, inc. pANIEL yG`It�` LINES OF THE STREETS AND WAYS SHOWN ARE to f-- � = a A. THOSE OF PUBLIC OR PRIVATE STREETS m a CIVIL ENGINEER c4 OJAI.A OR WAYS ALREADY ESTABLISHED, AND THAT o o w ao LAND SURVEYORS n i o to - ao s NO NEW LINES FOR DIVISION OF EXISTING "' j o to 939 main st. yarmouth,. m ... OWNERSHIP OR FOR NEW WAYS, ARE SHOWN. o m 1 = m JOB#01 -1 18/03-088 REG. g _ R'7_/7-1101 REF. C.41 S.81 -X, M.G.L. o a FZHEro Town of Barnstable Regulatory Services &UM* „�I E Thomas F. Geiler,Director 9.03 ��� Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 June 3, 2004 i Norma Holder Hall PO Box 164 West Hyannisport,MA 02672 RE: 73 Tobey Way, West Hyannisport Dear Ms. Holder Hall: The above referenced lot is in zoning district RB which requires a minimum of 20 feet of lot frontage. Because this lot has no frontage your application for a new home has been denied. You may appeal this decision if you so desire. If I can be of any further assistance please contact the building department at 508 862-4038. Sincerel , Thomas Perry Building Commissioner AW/TP f cc: Bernie Kilroy FT►+E la,,, Town of Barnstable 0 Regulatory Services * BARNSTABLE, y nines. Thomas F. Geiler,Director �A i639. ♦0 rfn 39. Building Division Thomas Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 April 6, 2004 Norma Holder Hall PO Box 164 West Hyannisport, MA 02672 RE: 73 Tobey Way, West Hyannisport Dear Ms. Holder Hall: The above referenced lot is in zoning district RB which requires a minimum of 20 feet of lot frontage. Because this lot has no frontage your application for a new home has been denied. You may appeal this decision if you so desire. If I can be of any further assistance please contact the building department at 508 862-4038. Sincerely Thomas Perry Building Commissioner AW/TP r KILROY & WARREN, P.C. ATTORNEYS AT LAW THE ISAAC P. FAIRFIELD HOUSE 67 SCHOOL STREET BERNARD T. KILROY P.O. BOX 960 BANKRUPTCY COUNSEL LAURIE A. WARREN HYANNIS, MASSACHUSETTS 02601-0960 WILLIAM G. BILLINGHAM TELEPHONE (508) 771-6900 TELEFAX (508) 775-7526 April 26, 2004 Town of Barnstable Regulatory Services 200 Main Street Hyannis, MA 02601 RE: 73 Tobey Way, West Hyannisport ATT: Thomas Perry, Building Commissioner Dear Mr. Perry: This office represents Ms . Norma Holder Hall, the owner of the above property, who is the Seller in an agreement for sale to Anthony Aggouran of the premises . Mr. Aggouran has made application for a building permit for a single family residence on the property and I have a copy of your letter to Ms . Holder Hall of April 6 2004 in which you den his P � Y Y application for a new home based on lack of frontage. The purpose of this letter is to ask that you reconsider your decision based on the information herein. Attorney Jeffery Johnson represents Mr. Aggouran and had previously submitted significant title information and a zoning opinion with the application building permit package to you. Enclosed are copies of the case entitled SHEA V. BD. OF APPEALS OF LEXINGTON (the "SHEA case") and a plan prepared by Down Cape Engineering which depicts the location of the fourteen foot wide right of way(the "WAY") running from Tobey Way in a Westerly direction across the Southerly end of the property and terminating at the property known as #75 Tobey Way. As it crosses the property, the WAY was laid out by deed from Josephine L. Childs to Archie Lohnes dated August 16, 1937 and recorded in Book 528, Page 515, which deed conveyed the property now known as #75 Tobey Way. The WAY is now paved with asphalt, traverses level ground in its entire length and, at the site, has adequate area for turning around of emergency vehicles . In addition, a power line runs along the same for service to #75 Tobey Way and the property. - , You will see from the SHEA case that the Court, at page 523, said that "Not only for the good of the homeowner, but also for the safety of the public, a town can insist that homes not be built on lots lacking adequate access for fire trucks and emergency vehicles . " and that "A zoning by-law which requires frontage on a way shown on an approved plan must be understood, if the purpose of the by-law is not to be undermined, to require an actual way, constructed on the ground, not just a depiction of a way on a plan" . In the SHEA case, that portion of the way on which the subject lot fronted was a path with boulders and ledge outcroppings descending at an increasingly steep slope. The Court found that portion of the way was not in fact suitable for vehicular travel except for four wheel drive, all terrain vehicles during nonwinter months. As above described, such is not the case here. As you know, our by-law does not define frontage. I believe, that the Town has, historically, considered frontage to be adequate and to satisfy the frontage requirement under the by-law if the way is constructed sufficiently to allow for safe access by fire trucks and other emergency vehicles. My experience with the various fire districts relative to safe access by their vehicles is that access ways of the type involved here are adequate. In this case, the way was laid out by deed description(the Childs to Lohnes deed above described) and its location shown on later plans prepared for Lohnes successor in title, George Carrington, and filed in Plan Book 534, Page 44 and in Plan Book 521, Page 59 at the Registry of Deeds . That portion of Tobey Way running North to the WAY from Craigville Beach Road and being 30 feet in width was also laid out by deed in 1915 and was made appurtenant to, among others, the property. Please let me know if any additional information is needed. ;ernardT. truly yours, Kilroy enc . - Page 1 of 6 35 Mass. App. Ct. 519; Shea v. Bd. of Appeals of Lexington; Page 519 JOHN H. SHEA, trustee(fnl), vs. BOARD OF APPEALS OF LEXINGTON. [Cite as Shea v. Bd. of Appeals of Lexington, 35 Mass. App. Ct. 519] No. 92-P-273. Middlesex. March 24, 1993.---November 23, 1993. Present: ARMSTRONG, BROWN, & PORADA, JJ. Subdivision Control Approval not required, Frontage on public way. Zoning, Access to public way. Way, Public: subdivision control. Real Property, Registered land. A municipal planning board's endorsement pursuant to G. L. c. 41, § 81P, on a plan of land, "[A]pproval [under the Subdivision Control Law] not required," followed by registration of the land under G. L. c. 41, § 81FF, did not operate to bind the town with respect to a zoning requirement that a buildable lot have the necessary frontage on a street, where the "street" shown on the subdivision plan had never been constructed. [521--524] CIVIL ACTION commenced in the Superior Court Department on September 30, 1980. The case was heard by James F. McHugh, J. J. Owen Todd for the plaintiff. Arthur P. Kreiger for the defendant. ARMSTRONG, J. In 1913, before any of the events,on which the plaintiff s appeal is predicated and before subdivision control was adopted in Lexington, the land on which the plaintiff s lot is situated was shown on a subdivision plan filed by one Wilbur and recorded in the Middlesex (South) registry of deeds. The plan depicted Rockville Avenue as an east-west street, running from Philip Road on the west to Swan Lane on the east and intersected by William Avenue (shown on later plans as Davis Road). Four adjacent lots http://www.lawriter.net/cgi-bin/texis/web/mac aselaw/+tEedW Vfewxbnm 1 eJUspeMxwww... 4/23/2004 Page 2 of 6 shown on that plan (67, 68, 69, and 70), located at the southeast cor- Page 520 ner of the intersection and fronting on Rockville Avenue, were conveyed to the plaintiff by deed in 1978. In 1978, the plaintiff submitted a plan to the planning board showing lots 67 and most of 68 combined as a new lot 1 and the remainder of lot 68 and all of lots 69 and 70 combined as a new lot 2. Lots 1 and 2 were shown as having frontage on Rockville Avenue of, respectively, 122.2 feet and 125 feet. The plan was endorsed as not requiring approval under the Subdivision Control Law. See G. L. c. 41, § 81P. In 1991 the plaintiff, having apparently conveyed the corner lot, lot 1, with a house to one Heitman, was granted registration of lot 2 by decree of the Land Court. In 1980 the plaintiff applied for a building permit for lot 2. This was denied by the building commissioner on the ground that the portion of Rockville Avenue on which the lot fronted was not considered to be a street. The board of appeals affirmed the denial, rejecting the argument by plaintiffs counsel that the planning board's endorsement of "approval not required," with no indication on the plan that lot 2 lacked the requisite frontage (125 feet)on a street to be a buildable lot under the zoning by-law, should bind the town for zoning purposes, at least as to the lot's having frontage on a street. In the Superior Court, the plaintiff sought and obtained a partial summary judgment declaring that "Rockville Avenue is a way approved pursuant to [the] Subdivision Control Law by operation of [G. L. c. 41, § 81FF]." This was not a final judgment, not carrying the finding prescribed by Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974), and the judge who undertook to complete the case in effect reversed the partial summary judgment and affirmed the decision of the board. The plaintiff appealed. It is uncontested that Rockville Avenue is a paved road with houses in the section that runs from Swan Lane west to the plaintiffs lot line, including the first ten feet in front of his lot. The paving stops at that point, and Rockville Avenue becomes a path, some fifteen feet in width, wooded on both sides, with boulders and ledge outcroppings, descending at an increasingly steep slope (starting at eight and one-half per- Page 521 http://www.lawriter.net/cgi-bin/texis/web/macaselaw/+tEedW Vfewxbnm 1 eJUspeMxwww... 4/23/2004 Page 3 of 6 cent, reaching thirteen and one-half percent at the plaintiffs west lot line, and reaching nineteen and one-half percent thereafter) to the Davis Road intersection. The relatively short portion of Rockville Avenue from Davis Road west to Philip Road is paved and sidewalked. Plainly the short unpaved section of Rockville Avenue that borders the plaintiff s lot and lot 1 is not suitable in fact for vehicular travel, except perhaps by four-wheel drive, all- terrain vehicles during nonwinter months. The Lexington zoning by-law requires frontage on a "street." The by-law definition of "street" tracks the wording of G. L. c. 41, § 81L, defining "subdivision" to exclude divisions which show every resulting lot to have the requisite frontage for buildability on (a) a public way, (b) a way shown on a previously approved subdivision plan, or (c) a.way that predates subdivision control that has, in the planning board's opinion, width, grades, and construction suitable and adequate for vehicular traffic and the installation of utilities. The plaintiffs argument centers on (b): his contention is that his 125 plus (fn2) feet of frontage on Rockville Avenue is frontage on a "street," as required by the Lexington zoning by-law, because Rockville Avenue has the status of a way shown on an approved subdivision plan. To be sure (as he recognizes), the planning board has never in fact approved a plan incorporating the portion of Rockville Avenue east of Davis Road (G. L. c. 41, § 81U), but it has, on two occasions, endorsed such plans as not requiring approval under the Subdivision Control Law (G. L. c. 41, § 81P)(fn3) His argument is that, under § 81FF, when he obtained registration of his lot, shown as bounded by Rockville Avenue, his plan became "for the purposes of the subdivision control law [one] Page 522 deemed to be, and ... invested with all the rights and privileges of, a plan approved pursuant to said law."(fn4) The operation of that sentence is not altogether clear, because the court is required under § 81FF to verify only that a plan of subdivision either has been approved by the planning board "or would otherwise be entitled ... to be recorded in the registry of deeds." A plan endorsed "approval not required" under § 8 1 P is entitled to recordation under the first paragraph of § 81X. If, as http://www.lawriter.net/cgi-bin/texis/web/macaselaw/+tEedWVfewxbnm leNspeMxwww... 4/23/2004 Page 4 of 6 the plaintiff argues, registration elevates a § 81P endorsement to the level of a § 8 1 U approval, it is clear from the express language of § 81FF that it does so only "for the purposes of the subdivision control law.". At most, then, a registration under § 81FF, like a § 81P endorsement, gives the lots shown on the plan no standing as lawful lots under a zoning code. See Smalley v. Planning Bd. of Harwich, 10 Mass. App. Ct. 599, 603 (1980), and cases cited; Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802, 807 (1981); Corrigan v. Board of Appeals of Brewster, ante 514 (1993). Even for purposes of the Subdivision Control Law, a planning board V Page 523 acts "properly [in] deny[ing] an 81P endorsement because of inadequate access, despite technical compliance with frontage requirements, where access is nonexistent for the purposes set out in § 81M." Perry v. Planning Bd. of Nantucket, 15 Mass. App. Ct. 144, 153 (1993) (plan showing frontage on two paper ways, one an unconstructed "public way," the other shown on a Land Court plan but not constructed on the ground). Not only for the good of the homeowner, but also for the safety of the public, a town can insist that homes not be built on lots lacking adequate access for fire trucks and emergency vehicles. Even if the plaintiffs argument is accepted and Rockville Avenue is in legal contemplation "a way shown on a plan previously approved and endorsed in accordance with the subdivision control law,"(fn5) but see Corrigan v. Board of Appeals of Brewster, supra at 517, the section on which the plaintiffs lot fronts does not exist in fact. A fire truck cannot drive on a plan. A zoning by-law which requires frontage on a way shown on an approved plan must be understood, if the purpose of the by- law is not to be undermined, to require an actual way, constructed on the ground, not just a depiction of a way on a plan. The planning board's approval may have legal significance under the zoning by-law's definition of "street" if the way depicted on an approved plan has been constructed as approved (Rockville Avenue is shown on the assertedly approved plan as a way forty feet in width) but not where it has never been constructed at all. Compare Richard v. Planning Bd. of Acushnet, 10 Mass. App. Ct. 216, 218--220 (1980); Perry v. Planning Bd. of Nantucket, 15 Mass. App. Ct. at 150--153, 154--155. Nasca v. Board of Appeals of Medway, 27 Mass. App. Ct. 47 (1989), http://www.lawriter.net/cgi-bin/texis/web/macaselaw/+tEedW Vfewxbnm 1 efUspeMxwww... 4/23/2004 Page 5 of 6 should not be read as requiring zoning officials to give status to paper roads that appear on plans that have been endorsed under the Subdivision Control Law. In Nasca the court was confronted with a zoning by-law amendment Page 524 passed by town meeting with the specific objective of qualifying Kadin Lane as a street for purposes of the frontage requirement of the zoning by-law. The amendment was inartistically drawn; to give it effect, the court read "a way ... shown on a plan approved by the [p]lanning [b]oard" to include "a way approved by the planning board." Id. at 49--54. Kadin Lane was so approved, as evidenced primarily by the planning board's having recommended the zoning amendment to the town meeting.(fn6) Id. at 53. The building commissioner and the board of appeals were correct in withholding a building permit for the plaintiff s lot so long as the section of Rockville Avenue on which it fronts remains unconstructed. Judgment affirmed. Footnotes: 1 Of the John H. Shea Realty Trust. 2 A later plan shows the plaintiffs actual frontage as 129.25 feet. 3 In 1956 a couple named Yntas or Yntase registered lots on Rockville Avenue opposite the plaintiffs lot. 4 The text of the second paragraph of § 81FF, as inserted by St. 1953, c. 674, § 7, reads in material part: "[A]ny plan of a subdivision which has been registered or confirmed by said court before February first, nineteen hundred and fifty-two, whether the subdivision control law was in effect in the city or town in which the subdivision was located or not, and whether the plan of the subdivision was approved by the planning board or not, shall have the same validity in all respects as if said plan had been so approved, but the land court shall not register or confirm a plan of a subdivision ... which has been filed on or after February first, nineteen hundred and fifty-two, unless it has first verified the fact that the plan filed with it has been approved by the planning http://www.lawriter.net/cgi-bin/texis/web/macaselaw/+tEedW VfewxbnmleJUspeMxwww... 4/23/2004 Page 6 of 6 board, or would otherwise be entitled if it had related to unregistered land, to be recorded in the registry of deeds. The land court shall have jurisdiction in so far as affects land registered or to be registered or confirmed under chapter one hundred and eighty-five, to determine whether the subdivision control law has been complied with, and shall verify before registering or confirming any plan ..., that the plan ... is entitled to be recorded in accordance with the subdivision control law, and every plan heretofore or hereafter registered or confirmed by the land court pursuant to said chapter one hundred and eighty- five shall for the purposes of the subdivision control law be deemed to be, and shall be invested with all the rights and privileges of, a plan approved pursuant to said law. " (Emphasis added.) 5 G. L. c. 41, § 81L, definition of "subdivision," exception (b), as amended by St. 1965, c. 61. Zoning by-law of Lexington § 2, definition of "street, road, or way," par. b (1987). 6 In Nasca the court also took into account that a planning board should endorse a plan under § 81P only if vital access is reasonably guaranteed and the board had granted a § 81 P endorsement to a plan showing lots fronting on Kadin Lane. The pivotal factor, however, was the planning board's role in the legislative history of the by-law amendment. Id. at 53. © Lawriter Corporation. All rights reserved. The CasemakerTM Online database is a compilation exclusively owned by Lawriter Corporation. The database is provided for use under the terms, notices and conditions as expressly stated under the online end user license agreement to which all users assent in order to access the database. http://www.lawriter.net/cgi-bin/texis/web/mac aselaw/+tEedW Vfewxbnm 1 eJUspeMxwww... 4/23/2004 t Bk 18018 P0163 111r139426 12-1+a-2003 aZ 02 = 25P ACCESS EASEMENT The Undersigned FRANCINE B GOMES [GOMES) Trustee of the Francine B. Gomes Revocable Trust Agmgm—ent, ["GRANTOR"]with a mailing address of Box 128,West Hyannisport,MA,02672,for and in consideration paid of One Dollar($1.00),does hereby grant to NORMA HOLDER HALL formerly known as Norma Isalene Holder) [HALLL ["GRANTEE"],of Box 164,West Hyannisport,MA 02672,her successors and assigns,the perpetual,non-exclusive right of way and easement to pass and repass by vehicular traffic or otherwise within the land area more particularly described below which may be incidental to any use of the land of the Grantee in West Hyannisport,MA. The purpose of this grant of Access Easement is to confirm the prior usage of the below described strip of land that has been used for many years to provide driveway access from Craigville(Beach)Road and from Tobey Way across and into the below described parcels,and the land to which the foregoing right and easement is appurtenant is intended to benefit all of the land owned of record by the Grantor and Grantee in West Hyannisport,MA,which land is more particularly described below. H o Origin of Grants of Easement WHEREAS,by deed dated July 15, 1897,recorded with the Barnstable County Registry Y� of Deeds in Book 227,Page 519,real estate was conveyed by Benjamin J.Carney to George T. BSI Washington["Washington"],which conveyance included the tracts or parcels currently owned by NELSON,GOMES and HALL,as more particularly described and referenced below. By deed dated March 14, 1922, Washington conveyed a portion of said premises to bHanson Washington(his son)by Deed recorded in Book 386,Page 301,which parcel represents tthe property currently owned by GOMES. [Reference is made below to the deed by which �� GOMES acquired her interest]. Included in said conveyance was"...a"Right of Way"from the said Hyannisport and Craigville Road to the granted premises",by which grant GOMES holds a means of access from the public ways now known as Craigville Beach Road and Tobey Way. Later,by deed dated August 24, 1945,recorded in Book 632,Page 307, in the second parcel described in said deed,Washington conveyed the parcel which abuts the GOMES parcel to Lawrence S.Tobey. The aforesaid conveyance to Lawrence S. Tobey was subject to the earlier conveyance to Hanson Washington, so that the parcel acquired by Tobey includes the right of way from Craigville Road and Tobey Way to the GOMES parcel. Accordingly,the parcel then owned by Tobey[now owned by NELSON] is the servient estate,and the parcel then owned by Hanson Washington[now owned by GOMES] is the dominant estate. Further reference is made to that certain"Plan of Land for Lawrence S. Tobey" dated March 12, 1975,recorded in Plan Book 292,Page 71,on which Plan the subject means of access is shown and marked as"Right of Way" lying and running in a westerly direction from the 30'wide Private Way [later to be designated as Tobey Way]to property then owned by Jesse Washington [a successor in title and interest to Hanson Washington. [Reference is made below to the deed by which NELSON acqui d his interest in this parcel]. av (Y) f Bk 18018 Pg 164 #139426 Further reference is made to those certain documents described as"Plan of Land in Hyannisport, Massachusetts,for George Carrington",dated December 1, 1994,of record in Plan Book 521,Page 59,and as"Plan of Land in Hyannisport,Mass,for George E. Carrington',dated June 17, 1997, of record in Plan Book 534,Page 44,on both of which Plans the foregoing strip of land is described as"Dirt Drive"and"Conc. Dr." Current Ownership Interests and Sources of Title The current record title owners of the parcels directly affected by this ACCESS EASEMENT have derived their ownership interests based on the following conveyances,to which specific reference is hereby made: A. For GOMES:Quitclaim Deed dated September 23,2002,from Francine Gomes to Francine B.Gomes,Trustee of the Francine B. Gomes Revocable Trust Agreement,under Trust recorded in Book 15742,Page 148,and which deed is recorded in Book 15742,Page 158,and which conveyance is subject to Mortgage dated July 25,2002,recorded in Book 15439,Page 42; B. For NELSON: Quitclaim Deed dated March 13,2003,from Desire Moreno to William Nelson,Jr.,which deed is recorded in Book 16564,page 348 and which conveyance is subject to Mortgage recorded in Book 16565, at Pages 1 and 23; C. For HALL: Quitclaim Deed dated January 28, 1972,from Mildred I.Holder to Norma Isalene Holder,with specific reference to Second Parcel as described in said deed,of record in Book 1639, at Pages 228-230. For purposes of current identification of these parcels,they are designated as follows by the Town of Barnstable: GOMES parcel as Map 246, Parcel 81,street address of 71 Tobey Way, and NELSON parcel as Map 247,Parcel 226,street address 77 Tobey Way,and HALL parcel as Map 246,Parcel 80, street address of 73 Tobey Way. Description and Desiggation of Property Constituting Easement Subsequent to the foregoing conveyances and grants of easement, said strip of land has been used continuously by GOMES and HALL,and their predecessors in title,as a means of access to said property. The land area in and over which the aforesaid right of way and easement is granted,and is intended to benefit,is described as a paved strip approximately fourteen feet(141 in width lying along the southern boundary of the parcels currently owned by NELSON,GOMES and HALL for the benefit of the parcels owned by GOMES and HALL . Further,by this grant,the Grantor expressly reserve unto herself,her successors and assigns,the right to continue to enjoy the use of said land area for all purposes not adverse to the rights herein granted to the Grantee,which includes the rights of the Grantor and Grantee to dedicate said easement area to any public Bk 18018 Pg 165 #139426 governmental body which has the jurisdiction to accept such dedication for the purpose of establishing a public way. IN WITNIR§S WHEREOF,the undersigned has hereunto set her hand and seal this- Y-day of L 2003 FRANCINE B.GOMES REVOCABLE TRUST FATFAT/2 By:Francine B.Gomes,Trustee COMMONWEALTH OF MASSACHUSETTS COUNTY OF BARNSTABLE The foregoing ACCESS EASEMENT has been acknowledged before me,a Notary Public,by Francine B.Gomes,Trustee of the Francine B.Gomes Revocable Trust Agreement,as her free and voluntary act,on the date noted below. 1 Date i 2003 v Notary Public My commission expires: BARNSTABLE REGISTRY OF DEEDS WASHINGTON o Locus 5- FRANCINE B. GOMES, TR. FARMS TR. `n DB 15742 PG 158 z MAP 246 PCL 80 i N 00 O #73 TOBEY WAY o MAP 246 PCL 81-, ,� WILLIAM NELSON JR. c5 - N #71 TOBEY WAY I ! �o DB 14440 PG 129 z_ NORMA I. HOLDER CL DB 1639 PG 228 0 io Q N o I rn I 'n MAP 247 PCL 226 v N O Z #77 TOBEY WAY' N 50.32' TO IP IRON N F#7 a POST REF. DB 18018 PG 163 -o EXISTING EASEMENT Of m - FOUND i ;A0 PB 292 PG 71 w i m DB 386 PG 301 0 O # o `., EDGE OF PAVE S86`52'07"E `.\ 65.76' % 75 `. ------------- 110.34 u� - _ IP FND 50.00 6°52'07"E -- rr 152' ----a- - 14°------ -_- _---------- -� ,96 __—_____== :_:-= --- '-EASEMENT--110.50---- -—-- MAP 246 PCL 239 �i , - -----=_=-_=_ - 64 9 r #75 TOBEY WAY N��E 318�41-_-12=-EE�.SEM-ENT--------------------- i S86°52'07"E 318.41' O.A. ,._ 2 o LOT 1 ------------_--------- LOT w-- -� Q PB 534 PG 44 %:y PB 534 PG 44 F----- Ln -_--- '�' w' N �' Ln MAP 246 PCL 79 #67 i J EASEMENT SKETCH PLAN #67 TOBEY WAY z 00 #73 TOBEY WAY9 WEST HYANNISPORT MA PG 155 Ww oDONNELL E. SPILLANE DB 14026 SCALE : 1 = 50 DATE : 2-24-04 C.B• C.B. O o 0 50 100 150 �, ! o PREPARED FOR: Norma Holder—Hall ° , I HEREBY CERTIFY THAT THE PROPERTY N dt ; off 508-362- 880 LINES SHOWN ON THIS PLAN ARE THE LINES 0 n J fax 508 362-9880 O -J N �HOFMggc DIVIDING EXISTING OWNERSHIPS, AND THE o _ ``� down cape engineering, inc. �o�'� DANIEL yG`Pc� LINES OF THE STREETS AND WAYS SHOWN ARE i A THOSE OF PUBLIC OR PRIVATE STREETS o o\ w 00 CIVIL ENGINEERS OJALA OR WAYS ALREADY ESTABLISHED, AND THAT LAND SURVEYORS n _j Ln 40980 NO NEW LINES FOR DIVISION OF EXISTING 939 main st. yarmouth, ma OWNERSHIP OR FOR NEW WAYS, ARE SHOWN. o m ; � m JOB#01 -1 18/03-088 REG. SU R /21/04 REF. C.41 S.81 -X, M.G.L. S86051'12"W/, _ ! a`� 1N88�55 24 W hO _..M._...,. � 160.00 ( 'f /08.00...,. W/DER. N86 55'30 p " h ^4:3e -A v B. /,�vLOEQ �p y I 3 i � U W � CO a 0 nJ li N g •S� (� �ti� I I 's'`2 ' a<FF va zN e,zSE 3w3.H i I /60.00'. `.r�� �— a N86°5/�l<:, �W 688.5 AlB. HOLDER . trust:�o I 3 I NOR4f,4j,11 13. HOLDER, trustee WALL/AM TR/ANT ✓OSEPH o II MANFREDON/A r � fI v � l i31 • INI I WI a i } I Q CR1J/�//jLLE 4ty ,�B4"o3'4�J_` ---------- 3aMw�, ow�,a JVL Cvv�n-o �,,,Ca. a. .��,,.d. .,"-d. Ovw+n.t.L�ivr ;V- 00.c en.Co�w�.�,,,o ¢,Q. c Lc� ,L a.l a.d_ nA.Lati i ,w�,tP„A:rll�aat ra,.,.da. o-� d. . .�,�.a.. l�,.d..Q.Q.O.•da.nM• ��„ti,,,rc,s� =�A- L � �,J1,8•V„N.��d,.. .tX�l'.�.t.G4 .b�I,,c,C.+n.�tltt.:. .�*�y . O.A.-c. .Q.Q,v P�vi.L 7 .w►cQ,2a..ty ,� ,r� Nvwsr a�. Q" � �a�.• �- .�v.�.vzu+- O"d4� ..",� 'L ,¢."-P.r.0 L7) � Llt .t,a.P.a. Uvwa. .V ,�,�, .Q."dLa IJ ,I (� c,� a�o, a�.,c.A�, � Q.,,�.D�A Q,,,�G�. �Q..Q.dLY� .C.t'ww.d.. I A d:,� Z-41„d a. j e cII.I a}.a. . SS, te"4,.a4.-r O-L n-�•o�.�,.a.d .� aa.�.,.,�.. c ,OL Ll ��M�Q. e.d- W wv-L 20,/9.22 a.t,ti.d Ald. "L de-e. 7 i _WL �'�v�- .VLn,�.,•v�.cU,naR.tL, Ar , � .Ala ��. ..e.aA,4.ieWA�. �c,M.CL . A-1- L OL ou.A."CL 414.j i g": I • �,a,V.t Q,n,tan. �i.W"CL ,� d �ov,.L ID o,.R.tn' ,off. �•��d„a.dl. �.ac. I- x C%,w .1Mlo I��•s) ..Lfna..l.tLJ'eQ � ..t v 'txatt all mra b# thru prrsptsJr'.r�.,•.hJ. I ..j��f.s�•f:e.l....�.�.�nt...... ....a➢ •• ,. rJ:,...1 ,Jn VJJ!o✓. I,J�.�.?..,✓...`'�i `vnJ�'.A�✓ C''w�1„ .T,�w-w-..{ ,��/.�J1/�I, .`'�t51,. 'urJ..e, .c�,��.a-�r,.�t✓.�.ilfw�...�a�+. . '�,�,,�✓,...�,�-.lJ-�......Nr•l�✓....a-+y, �G'.��..�.,tw�. .�..) ..�J .... , a.✓�,rsZ. 2-9-cU.y �..Gi,.,`.I'�`....... �I� l Cr0 IDLItA`TIOOdv'^�F.\;/' .ot.✓ ' .....a. f�.�n�JL..J fls'✓ r, �l�.!tv�,Q�.. . rof .tbr,rrcnipL rorrby acknowledged do boreby give„ grant, bargain, soil, and convey mito the avid G. ...1....�.. .✓�J.... .� 0' ..0/ 'r�O''L�'1�✓..Ct �'� &Z J✓JJv TG J 1.01 .. Q�5�9!/JJ t}L�2/ n�ll� /�O�J W.. ✓.�. .. v �� p�.. f✓W�'.... fa,r✓.d✓ I 1-��J.OJ f �. 1 ri.... � _�.A�,�,.....�,,D,,,,n.d... .,�i<,,M..al`�c,`"r t>�,.,,►....��Gv��� ..-.1��v..:�!�,.. .�......`�.ca.�...r.....a.,�.d�.,'.....��.t>�,N-o..n.o�� ,�,�r.J,u.,..d,•..r4�, . �.e.�.�� ..of��;' �: •�•�•n.U,A �.1-,��..�k,,...�.�..�,1u�., o�,�,.Q�'cv'..N�'n.�:�.2, °✓it's., Are �..tJr�k.� ,,.r�, o-�,�..,o,�._.Or,,,o✓�rl.�'1v..1,rr..errwin.,n.u� ,=,..I tsua..1..,ln�... A 11 Qvs✓of�.. Pad t.Y/✓. ✓m.,t �.., �...._.. fLLA[..} .,9 1t�✓rA.O'Jr.. ... �ni0.➢v....9�`'...M( ..�•AJ I✓'.� ..�M.O✓..N✓lAl.../..O.CR� ...0'V�R1 ...WJ• h!V....J•/J�kJ... 1, y.k+..Y1J..d�./,wt�' r„A,J p 0"' i � �VLs w✓_�,o.�.�... C.o-1.v-✓✓...t�tS-U.O�,J..� �.�.A.�.....�..Jo<vvz.,..o��....�,.�.� ` _ �T .....` J. �.. .. _... ..,).:..................... .�Q.p 9} , .. 111.1U._;t;(Jl/O.JJJ�....1..,tt�(i•CN.d..�i.�U-/71/LL� .. ....._. _ .... ... .-4..,j ..�- +.ul...:�.�U/..��I/ WL_... �S �r° �/ nol ,I a,:ol. 4�J �. .." ........................_.. ..:_ .. V TO RAVE AND TO ]COLD the .....................granted premises frith all t.be p ivi� appurCenances thereto belnngiug to the said d ..... C�N;!v.0 ./t:1N;...._.:b+wrrfec and.... ✓,....- ......11eiry and Assigns to their own use and behoof forever. .. ,_ And.....N.ef ........................hereby......................._..........._....._.._.........................._._........__............................for.... a srr-....srd•V'¢�SLc...... '-- ✓✓.R....._.................Ileirs, Executors and Administrators, cocennnt with the jwid ., "._. and ............. .. � : grnntro and__ ........... Heirs and ti --- Aatanx, that.......... •,e,,,�.Ri.......Q. R' .....................................lawfully seized in fee simple of tho granted premises: Chit they are free Yrom all Itrr.unbrnnces -4,/jl�r✓�.[ �-A,i r� �.l:✓Q.�A'.•.xr�. ..... ... .. -.... .. _.. ..... . . ..... a ...................... .. .. ..... ............ ......_ ...._. .. .. .- . ... _ . .. .. .... .... ..._. _ ....: :.. That.... Jn(/„ ,„, have good right to sell mud convoy Clio, sarno as aforesaid __..... . _... _ .. - - _.............................................................. .._........and .-trill, :urd........C✓,lv......_ .............licirs, E'xeeutors and I A1minL•Irntorn shall WARRANT AND DEFEND the same to Lbn nweei gr;mtro g '-^--_ - -�-� and_...`✓✓..A� _..._..licirs and Aksi ils�iorevcr tho lawful claims and demands of;ill peraons.R�//...aJy cc_�a✓ .1� V�' , �, �� Q (y� - _ - Aud for the consideration aforW,id .nnr4. w. ✓v.r�.. lT.. .�-zi�.�i„Qi:(r..¢.�.p�,....�• �,�,lrtt./J-± (alb,J i h` ➢r e, n untf�,tl1o.�nid glt!ult .111I ........... ._... ..._-. . ...... . ..._heirs and Assign%all nghtsof or to both ., + - {. bOWEII and IIO IES'1' All in thoYV_grantc pre scs, and all other rights;71�iH t.r�rrsts therein/. _- I WIT ES9 W [Ir,1t AY .^/J2f.....y.�.....the ..u 01N'._�14J ....1.. y}��an v .. . . ......V.v.-0✓✓r!✓� Y J f. {�wu� .. ! .,. a. .- -. hereu.wrot. .try✓,w ........ham' and seal this..................... ......... ... day of .w. ... .. ........... _:... :.... � � -Yerr Ono Thousand Nmc hundred and.....-�.� . . _ ..... ... _..... _. . _.... ....... ....._.. ._....... ..}I��u / led w4.f±,•{ ui'presence of _x ..... . _ ���"""ill???.. 1.. �V . I OF blASSAC17USyTTS. p"N�v l7, �/Ol✓•..(�JL�V I-ry ....\{��� . � ---a.a.-¢��t•-r� ...es. � a'x++�R"✓N.iv..ti '.A.". 1 G, /p.JJ�r � �i-t�� . r � r • '�a .,�. � -r-_ �^f.Pl/✓.(WIJ.°�.7.IOI S ... ... .... .I..i C"'.`^^'.....�..J G.l�n/•�,J� C��) I at a ,,•' 1 'meall appe, th above n uncd ... .... •'jQ-.."' t '.: "r d .. .... . ...... .,+ •.h r ytt .yI .rA r '�""�'Tlt"-., t fue oregomg instrument to be •� t" .,,,...P free.act and deed; before me _ ..... - r<: mul is recorded and compared ...... _ .. ....... ..:..... 1 ��,u•.�:?�+r� ±t x_a*,`r,�,a�:-,;'.�-. _ ,';x4:h riffs .�-'t""; .a � r.gf..: ,. 1.z "�'�,�.:. �.,.: .. *A moo I--639 ma K N 0 W A L L M E N B Y T H E S E P R E S E N T S That I, MILDRED 1. HOLDER, surviving tenant by the entirety, of Barnstable (West Hyannisport), Barnstable County, Massachusetts, for consideration paid, grant unto NORMA ISALENE HOLDER, of Barnstable (West Hyannisport), Barnstable County, Massachusetts, residing on Craig ville Beach Road, with QUITCLAIM COVENANTS, the following described parcels of land, together with any buildings thereons FIRST PARCEL: ' i The land situated in Barnstable (Hyannis), Massachusetts, and bounded and described as follows: SOUTHEASTERLY: by Mitchell Lane, so-called, there measuring 87.28 feet, more or less; SOUTHWESTERLY: by land now or formerly of Veda Mitchell, there measuring 214.96 feet, more or less; NORTHWESTERLY: by land now or formerly of Joseph Monteiro, there measuring 125.03 feet, more or less; and ; NORTHEASTERLY: by land now or formerly of Bearse heirs and i land of the said Arthur H. Dagwan, there i measuring a total of 240.06 feet, more or less. Containing 23,084 square feet, more or less, and being the same rectangular parcel of land designated as belonging to Sadie Mitchell, 1 now deceased, as shown on a plan entitled "Plan of Land in Hyannis, Mass., belonging to Veda and Sadie Mitchell, March, 192811, recorded in the Barnstable County Registry of Deedslin Plan Book 36, Page 85• l Sadie Mitchell, also known as Sadie Mason, was deceased on June 11, 19$9, no probate having been filed. The deceased left a husband, Leroy F. Mason, and two married daughters, Sarah F. Rea and Claire C. Colweck as her only heirs at law. ` i for title see also deed dated July 5, 1961, to be recorded with ! said deeds. For title, see deed of Leroy F. Mason to Norman Holder and Mildredi Holder, dated July 2, 1963 recorded with Barnstable County Registry.of Deeds in Book 1208, Page 316. Page 1 mHM P.eua:.er..n,.■a�uao�.eua►e7 . cou Lwm•*uw let weer M.1K■Meal . HVu 16.MMaaC"UnVM Ot■al • i � L 6W>t i b ea 229 LOG v 7 SECOND PARCELS 4 !i The land in West Hyannisport, Barnstable County, Massachusetts, and bounded and described as follows: WESTERLY by land now or formerly of George T. Washington, about 214.00 feet; NORTHERLY by land now or formerly of said George T. Washington, (- about 200.00 feet; �c EASTERLY by land now or formerly of said George T. Washing- i ton, about 221.00 feet, and SOUTHERLY by land now or formerly of Joseph A. Baker, about 203.00 feet. ' q Consisting of approximately one half acre of land, more or less, and being the same property conveyed to Town of Barnstable by Mary T. Walton, by deed, dated December 30, 1963, and recorded in Barnstable Registry of Deeds, Book 1231, Page 500, and said parcel was sold to Philip E. Thompson on January 20, 1964, at Selectmensl auction, Barnc stable County, Massachusetts. For title, see deed of Philip E. Thompson to Norman B. Holder and Mildred 1. Holder, dated November 6, 1965, recorded with Barnstable Fa County Registry of Deeds in Book 1345, Page 670. 1a THIRD PARCEL: The land with the buildings thereon, situated in Barnstable (Center- ville), Barnstable County, Mass., bounded and described as follows: I On the NORTH by land formerly of Seth Parker; on the EAST by Sand Hill Road so-called; on the SOUTH by the Falmouth Road; and M on the WEST by land formerly of Seth Parker deceased. ti �s Containing about 40 acres, more or less and kn6wn as I'Sabbatia �. Farm". FOURTH PARCEL: A certain parcel of land together with the buildings thereon situated in Centerville aforesaid, Barnstable County, Mass., bounded and de- scribed as follows: Beginning at the Northeast corner of the granted premises at an Page 2 JOHN P.CWaLa1'.in.•RICHARD L.OWN COONY4AM A7 LAW i } 746 Won MAIN ansr . NVANNu.MAWAMNNRN 02601 Y i ilwK1630 Nate: 230 iron pipe;. thence running Southerly.by .land of Elmer Wirtanen to a- swamp; thence same course through the swamp to an iron pipe; thence running Westerly and Southerly still by land of Elmer Wirtanen to the Falmouth Road so-called; thence running Westerly by said Falmouth Road to the Sand Hilt Road so-called and land now or formerly of Ida L. Sarkinen et all thence running Northerly and Easterly by land of said Sarkinen et al to land of E. S. Phinney to the first mentioned bounds. Containing 7 acres, more or less. ! Excepting from the above described Third and Fourth Parcels those premises conveyed to Ida L. Sarkinen and Ida L. Sarkinen guardian to { Aina Palmunen, Book 447, Page 78 and Book 4779 Page 79. The above described Third and Fourth Parcels are conveyed to- gether with benefit of and subject to all rights, rights of way, re- strictions, easements and reservations of record if the same are in force and applicable. For title to the Third and Fourth Parcels, see the deed of Anthony J. Gonsalves at ux by Norma Realty Trust, Mortgagee, to Norma Realty Trust, dated March 29, 1961, recorded in Barnstable County Registry of Deeds, Book 1109, Page 437, and see deed of Norman B. Holder, Trustee of Norma Realty Trust to Norman B. Molder and Mildred 1 I. Holder, dated August 25, 1965, recorded in Barnstable County Regis- try of Deeds, Book 1309, Page 934. I There being no monetary consideration paid for this transfer, no excise stamps are required. WITNESS my hand and seal this day of s January, 1972• Mildred I. Holder The Commonwealth of Massachusetts January 1912 ? Then personally appeared the above-named MILDRED I. HOLDER and acknowledged the foregoing instr t to be her free 7act and/dee. , before me - G, / o tV 47 ry Public My commission expires: t Page 3 JONM V.M141Y.!14&111CIIAwD fw WIILaY 7�.}W�►jj coux"LLOIO AT-W .' • .M� � $a Y/nY WIN hells, • NrAMxa.Nuft"YMNIII aILMl . % s r s s J 'JK 09 , A* 46 t 40 x .k i IAI . s I r �vtbW� NO�►'r!{ vim,S °1018 r 59 f� 1 i holder of a.mortgag_ iron ✓C!f i ,Ltji[�,a✓� m dared rrn remrdea mitt �Cwaty.Re tro ofee� Boot 3 d' Page 3. admosledge sa is:action of the same. D ;`• m 1 ,r Z {ty. j WI7NIES5 r�;.,i hands and seals this d2T o .. tci.--/' _ 19.57s1- O ..........................._............._...............__........ ............... 3La ` Y;fit b ................................................................ 1 n ! � L is ^�v✓:"t 19 , a } Then personally appeared the above vaned •i and acknowled¢ed the foregoing insit:m:nt to b: �4. , __:act and deed btiore me .« 1 > g. II 4w G.hD`!j 1.SCG i 7' Ivooe�z}P¢btic—J�zeC'oE-h'.z'eaa _ ,&`i� . . : :s. F':•. _ LTy cmmi,seo�ocyir3 �,-jV;-,. i t . Oct, , io eoarnsta`1 • ss., -ece_aeflenSIN t 4 yd� 3r No:c an Holder ane M_13red colder, husband an' wife, as tenants by p • ti:e entirety, A � yG o[ Boston, sut_olic CotmiT, Massachusetts. xx t oevq3;hgcrrar7ie;,for consideration paid,grant to Norman E. Holder, Trustee of the * a 4I Norma Realty "_'rest, under an Indenture of ':Trust dated July 2, 1947 and recordee in Suffolk Deeds, Boor E350, Page 395, Boston, Suffolk Couz } , r Q r. certain parcel of lane will: the buildings thereon situated on tr= �- r. northerly side or the County Road leading _rom Hyannisport to rajgvrile / in the Sown. and County o_ Barnstable, M,assacnusetts, uprising parcelsy# c r_unbered 1, 2; 4, and as siowr. on Plan _ Land of Pere- F_. Bearse, date_ ' February 24, 1522 b_r C. Bearse, sure>., dull; recorded, bounded as follows: ,3 .g t 'L:• r Beginning at a-point'= said Road at about thewtheast corner of �. the granted premises and running by said Road siSx hundred and eighty-, n3}:, - � five (685) feet; thence turning and running Northerly by land 1018( now or formerly f George Washington, Jr. about seven hundred and 1p raH seventy-five (775) feet; thence turning and running Easterly by 4, ..............._Sufo-1„Y,-,,•.,_•„-,SS 7PbY / 19 S 9 2" land of George T. Washington about six.bundred ten 610 feet; - J -_-__.---.-•___-- ••_ 4018 ( ) - t�h _ Norman H_o_l_der and _ _ 9 thence turning and running.Northerly by the same in a slightly b irregular course about eight hundred (800) feet to a bar post; '•' 1"x idrea Holdet - w �� �» ~� ............_....._-_.._Mi..... ._.___.�._....._._........_ ._.__...... ._..�� es „xaondiy thence turning and running Fasterly again by the land, now or ��* s4' —' formerly of Henry C. Lumbert and crossing a wood road to a large y d ack:.oale ed the to. g ),`" �r d8 roguing hus r ment to be:..._....la- ad and before me granite stone about nine hundred (900) feet; thence turning and {� r F� i running southerly and crossing said Road by land now or formerly �`• Of Charles B. Merchant and by y�3 aupposed'to be Of the heirs of 1�")` - E. Henry Phinney about thirty-£2z'/(36) to a stake and land (r•.. ' and or formerly o_` the heirs of FYederick Scudder; thence turning t Mate..,, _ �Ea/K GsHe/Z pp and running Westerly by the latter three bundred and ninety-five and r s Public 7mmC�Em 7/i0 (395.7) feet more w less to a pile of stones; thence turr•ing and running southerly by a slightly irregular course, by land now or formerly of'Fred Scudder and Luella M. Phinney six hundred and i e.•t sixteen and 5/10 (616.5) feet more or l oess to lw or formerly "4>%�' p. Barnstable, ss., Received October , 95B, c is recorded.and no of Robert S. Conner; thence turning and running in a wasterly r J; j direction by land Of said Robert S. Conner about two hundred and ( ` thirty-four and 12/100 (234.12) feet; thence turning and running in a Southerly direction along the land now or -formerly of Robert S. tii'( •' ((.,., { Conner two hundred (200) feet to the land now or formerly o£ Francis L. McGillen; thence turning and running in a westerly ':'• st" " direction along the land of Francis L. McGillen one hundred (100) - feet; thence turnir-c and running in a Southerly direction.alon �i.�'. - ......................_..»..__..___......_._-._-_ -__...........................__....... _..._-..._._.--.._...-_...�_.._._._..__... the-land now or foruerly of Francis L-McGillen and the g .� nzemises tioo hundred (260) feet to the point De _ i ;' ., .._................... ........................_...... granted q, x about 20 and 25/i00 acres. 4an at, containing a --•_ .. ._..._............__ _.... ._.._.._»..._._.-_.._--......_.r..__-.._._._..... 3 .Sa_d premises are conveyed with the benefit of and cubjert to the rights 4E de. •---'----'-••---•"'i_•Bari-.Ares -_-•-----. •__ _..._.._.......__-_.............__...holder ofam ge Of way an the Westerly boundary of said parcel 4, on said plan, leading ,l - y ldez and Norman i to land now or formerly o_ George T. Washington referred to in deeds ._.._......__..__...__.___-...._.--_.._.......-�...»_._..___--.-. Holder ! recorded in Sa_-astable County Deeds, Book 360, Page 37, and Book 344, q+' • e to....._.._. ri.?fte}'.__.._..._._-----__. ................_._--_......__..___........_.._.__._.....-___. Page pi intending to convey hereby the first, second, fourth and ten x Fg t. flar ..._............._.._...._..._..................._.........._.._..___.....__._...._.._............................... acre.niece in the fifty parcel as described in deed from Ella Alden Baker �+i' datei_.._..__.._ 15, 1947 O et als, dated November 19i7 recorded with said Deeds Rook,360, Page 37.k This conveyance is made subject to restrictions, easements, and ._..-...._.._.._..-_.__._......._.-._.-_............._ ty f Deeds th Coup R:gu agreements of record, if any, so far as the same may now be in force _ ' Book...-...,667__ _.......p 2a_4---•..-,---,....--..bowl Utafaoxoa of the same o n m Z < parcel of land - .3 +- and applicable to the granted premises. - This conveyance is made excebnnc from the original conveyance of 8 A r. Lila B. Beazse to Louisa G. Weeks the . Wmaess......... ....._...fund and seal this-__...... ! _...._...da7 ......-'^.... 19.5. 3 conveyed to Roper_ 5. Conner by deed dated JLly 29. 1938, recorded Book 542, Pa a 70; conveyed to Wiiliat. J. 4 parcel :`� .. ..___ Ft F ( Conner by deed dated October 30, 1937, Book 533, t; -._.___-....._--.......____........_.-_.._-......_......_ _:_ G\ Page 252, -and excepting parcel conveyed to McGillen, Book 570, Page 475 Plan Book 63, Page 49. I f. _ 5`,dw ...M.............--_...... _..-"-'--._._.......... The consideration for thus conveyance being less than $100.00 no , `` '2 ` - _ documentary stamps are hecacsa_y s '` ..._ .._.._, _................._..... _...................................._..»_..........._.--._---------- ...... .._.. ....... ....__..._.__._..__.-..._._-.._----._.._................-_..... ---..�--_.._...._.._."�-F--=•ceamwr. :. 'wqr lCiamumnmeatt4 of f�aasarY(aaet7s ._._......._»...._.._ .___............ .-.-_.._.-.-._--.._---.-._-_.:---_--_-_---_-_--..--.---_ . __.._.._ ,.�• t uffolk............_u ...........__....cgbeF....................... ........19.58...... aeieaae sa said - idse-oaseeey.bed-auaafntazas 4hwa1e-- de>;•er Ud t___-__ .._...........__._...8........... O + ., r. loon personally apoeued t),e above-named......._......It.....ari„Az sods and seals this,..................... ......dttz of_..IWl 1:...._.._.......19_-58 4 and adm_jkdg.d the fob o ng instrument to ......7?eF..............free act bad deed , z _.._....-....----'-"-"_....._._.._.......»---..-..__. :.!/.._..__._. ._.._. ;' '. 3. ..Itotary..PuD..c... ..............e lwy ea...... ➢us.. N,.! .:-."..•s t a 1 9 r • Barnstable, ss., Received October 9, 1056, and is recorded. a• k • µ 515 WITNESS my hand and the corporate seal this sixteenth day of September, 1937. Jacob J. Yonkers. Corporate Seal CLERK (LS) al Barnstable,ss. Received September 28, 1937, and is recorded. ----------------------------- ------------------------------------------- I, Josephine L. Childs of Barnstable Barnstable County, Massachusetts, being married, for consideration paid, grant to Archie Lohnes of Barnstable with warranty covenants 60 the land in Barnstable In that art sometimes known as 'rest p C p Hyannis port Founded and described as follows,- Northerly by other .land of Josephine L. Childs there measuring Fifty feet. Easterly by other land of Josephine L. Childs there measuring Fifty feet. Southerly by land now or formerly of Joseph Baker there measuring e� F Fifty feet. Westerly by land of George T. Washington there measuring Fifty Feet. Together with a right of Way over my adjoining land to the east of the granted ii�� premises. I, Alfred_Childs Husband of the Grantor release to the said grantee all v N T rights of Tenancy by the Curtesy and all other interest therein. 'r'itness our hand-and seal this sixteenth day of August 1957 Josephine L. Childs Alfred 7.. Childs Commonwealth of Massachusetts Barnstable ss. August _ 1937 Then personally appeared the above-named Josephine L. Childs and acknowledged the foregoing Instrument to be her free act and deed, before me Thomas J Valsh Notarial Seal Notary Public (LS) My commission expires Sep 24 1938 Parnstable,ss. Received September 30, 1937, and is recorded. • -----------------------------------^-----..--...-.--^------------------------------------ Commonwealth Of Massachusetts Land Court all whom it may concern: . r 1, Ge a F. Tripp of Harwich, Massachusetts hereby give notice that on the second day of Se ember 1937 filed in said Court a petition against* To of Harwich, rEstate of Alo o Tripp, Mary B. Thompson, William V. Tripp G rge F. Tripp, di Rebecca V. Currie Heirs of or devisees of Samuel Tripp own to foreclose a tax lien acquired and a certain tax deed (or deeds) rom the Collector of Taxes for the City (or Town) o arwich, in the County o Barnstable and said Common- wealth, dated July 26, 1935, d recorded with arnstable Deeds in Book 513, Page 55. Said deed (or deeds) c ers a cer in parcel of land situated in Harwich In the County of Barnstable and said o nwealth, which is described as follows: On the North by land formerly of one r m, on the Last by a Town road, on the .,South by land of Rebecca Miller, a on the st by Herring River, containing about 2 acres. orge F. Tripp- - Name all respondents as I petition. Barnstable,ss. Received S tember 30, 1931, and is reco ed: ----------------------- --------------------------------- ------------------------- I, Geraldine C. Clarke f New York, N.Y. being married, fo consideration paid, N grant to Louise S J Ps of Harwich, with quitclaim covenants a my right, title - and Interest in nd to the land in Harwich, bounded as follows:- mmencing at the Southwes rly corner of the premises in the range of Elizabeth El s' land; thence No herly by a town road leading to the sea shore, to the land of irs of Alonzo ripp; thence Easterly by said range and a fence to the land of heirs of i .< 307. . Barnstable, Be-, Reoeived August E7, 1945, and ie reoorded. 1� nE0R--, T. WAST IcTOr, Of aarnctainle (Hx nigport) Barnstable C=*.Ma-ach,setts, for eomiderasioa paid,great to T As1R WCST S_ TORRY of said Barnstable (P.yanniaport) wish gnaim ruacassma t opt top,,ether (Dearigo- and ecmnlr=ft%if ew) with the buildings thereon, and bounded as follows;- ;\ �-- Comreneing at a stake and stone on the North side of the premises and two hundred and thirty (230) feet east of the ditch, and in the ran`.e of land now or formerly of Henry C. Lumbert; thence in said Lunbert's range F,asterly,to the land of the (� heirs of ►earren Hinckley; 1 thence Southerly in said Hinckley's heirs range and land of the Hyannis Land Co. to land of A. D. makepeace; thence Westerly in said 2Lakepeace, Hyannis Land Co. and ° •� heirs of Alvan Hamblin's range to the ditch above mentioned; thence by said ditch two hundred and twenty (220) feet to a stake and stone; thfiree Northeasterly by land formerly of :."alter P. Carney Q, and Benjamin. J. Carney five hundred and twenty (520) feet to a stake Q" and stone; thence Easterly by land formerly of said Carneys two hundred and twenty (220) feet to a stake and stone; thence northerly, by land formerly of said Carneys four hundred fifty-eiZht (458) feet to the place of beginning. And con;Caininm about ei-hteen (13) acres, more or less. Being the same premises conveyed to me by ;alter. F. Carney and Benjamin J. Carney by deed dated March 23, 1&J3, recorded with Barnstable County Registry. of Deeds in Book 20&, page 112. Y Also a certain tract of upland and s:,amp land situate in z Barnstable aforesaid, to wit in the westerly part of the Village of Hyannis Port, so called, and said tract of land is bounded and described. as follows;- Commenc'.n at a point at the northeasterly corner of the granted pre_ises, in range of lard 'of said :':iashin�;ton;• thence Southerly; thence ?jesterly; thence Southerly and thence Southwesterly by land of said 17ashin3ton to a Point, being the southwesterly corner of the granted premises, ir. range of land Low or formerly of the heirs of Levi Smith, deceased; it thence Northerly by land of said Heirs to land now or formerly of the heirs of 2imri Lumbert, deceased; thence Easterly by land of the Heirs of said Lumbert, to the first mentioned bound or place of beginning. Being the same premises conveyed to me by. Benjamin.J. Carney by deed dated July 15th, 16S7, recorded v:ith.Barr_steble County Registry of Deeds in Book 227, page 519, Ln premises. _Reserving to the grantor a life estate in the above granted \/ O;iW i II i I � J vw�� �1V � Y �YwvV� Q� N V J'L�P/✓✓1iQA1/N� •�✓'/1kN' I'; ,I Ylavvl,OJLR-o'er rann.dv anti `I 9 J -{kA.J�. ✓vvv+n.e� ��/.�,�,rv�/,n.eiQ:> 7G� ci. J�/Le'VLE. .- I'j',II {llrtrtiv^°{i r�.wc2v �,QivwP� F A.¢� •(.vvc� ;�}u) vv .�t2d.4. AN - if I, � �i�c�Veas.C.rrw aA, Jc��,c.,e��.o�• .,...� ov�v �'arvU.OJGa..��tt,. `�`�.c-Qrat�a� 'Ve-��,J�. � ; I; II �. 9�►�,Giv�� ;u,.�+.nvc.�ne► -��-e�,. .rG� ��y,�,4, � .�n.� a.nd.i ,oil,� - � o�$, Jw�3.�.ar 0^T?JL/ �n� n � a� ,�rv�x.� 0.J(T'0'vP. •�t��l '", jv� ^�rvw 2.C/Lkra-or, 1112, Gl to oV �h .�n.�f. 0-�.t t✓ �` 4 .. � r t �I A^ _ y(nI^ ' ,�•yn x�p C ���aw.ol A/ ow�Ov fiJy� N✓�.t.d C � 0' Q�"'v,Ki✓11�`.QNff�.�.N/ �`Iv •i^ ./vZ/ •WW �wv,,,r����." � - .....�_. 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I IvffYi("tn�c.O�Q.I�.i(D C- �.cLQ.�w•L ��is"�--.-- I� �- ,IJ�Jw✓1.;VvVS�.f�C,.or-. CA7V�JVLan/�����2�J✓V'.z-��Cv��y�trrcrv� i"k �✓if"✓.�'_ LurwLa�x.p��pC�,cu� �. -.-kii_�...- _ .e/rvL � ��.,gw�,, •�. . Gar ` ' ' A ow vC at.Q.aCLva,&. "L. � r C Ct,ar�.��.ow?,. .,J.,,.c,�/n,G.u1��.�•/1/ct�.a xaa"c�.,.+.u�, ;-„�-w_ ,�a,�.d �A,�awr►szt r I . riU,yow�,u.tt,/"- C- avtdY, c4m c%,,4 ;a. , /l,�rCti7 c ¢cc /dun,:._`twJA. (� Mw� ,�� C�/Vc,G�(, ,t v1,O f, a/VLC� (3C...Q.C/�✓r u�C. C2Q+/Z.G�DWZC. O"'s. S OA,,, M ol t ,i BOO PAGE �� 97 `34,11wit Z 11 �-11. � ��1���- J 1 •t-:�. r�� ,MWa, ......Nv...... t.W INnrCONSIDERATION Olt. a Z-U o-% ...p-woL v +a�..... IN c paid by-ytvaarpAn� mow. .. ..:. OSI�.....rwv ,..r..n ..' v+t ..�mw ._... 1C;rt�ri�o�• paid by \� \� 6e cu^1c tbu receipt eherrul'is hereby arAnuwledted, du hereby give,grout,bargain,sell: and convey unto the said �p+i9JKa V.• 4�]-A.. 4 the receipt .%.R.tiTA.d.-,Lo..v�d...... 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C !1'. ................. _°�trn°�.a.n•�C.�..�,o,�vsZ....o�.. owe.'....... ... -o,�,,o.,a... ,......�.n,a.,.,•,... ,•� ...:. d...............................................................................................................................................................................................:....... .................... . .. TO HAVE AND TO HOLD the.......... ...........granted premises with all the privileges and appnrwimoces thereto belonging to the sni:l $ ,.TO HAVE G�+iArV :lrlwFteo nnJ...A-,�.o...................11eirs and Assigns to their owe u>e and bebuof fon•c.•r. •':� �• Ali([......... ......g....................hereb.• . ........... cl And for........... wv } and.............-..'"n .. ..... 11eirs, Executory and Admiuistratuta, covenant with the rwid grantee and ...•Ileir, a::,l ,t, and.............. Assigns, that ...... ...........9.ta.+•vt..................................._....lawfully seized jn fee simple of the granted premises: that they are free from ;di .'--Amigna, the iucunlbrances }.....tars)..... ° ................. .... F. .Ltcutnbrana ...................................................................................................................................................................................................................................................................... .................. - That..............9. ... have good right to sell and convey the same as aforesaid........................... ........................_.................................................................... That............ slid thtt......9.... ......will, :old:.....,1Vaw�.......... ..........11uirs, F.iecutors at,, ,y, p — < Administrators shall WARRANT AND DEFEND the sane to the awid grantee :u1J r1Na Beira and Assigns foren.r !tm�dministrat j against the lawful claims all([A uauuls of all porruuLs. a.t.aA.tX lTds.l tbor«� �'ttAainet the And for the consideration aforesaiJ.......g..l..... . �`_y`t�T��''�'''"�p_ ....as:/..:. .e1'..lara9..wu..o��..¢�n.,.....'W��a........org._. J.......A.C.w.c�....... Y �� 5�r ..... ..G......r`.!GNAW W ......................................... ..................................................................................................................................................................—..............................................................................................-.......,........ ...47.r....................... do hereby release unto the nrne�j ranteo and......4„Va........................................................................................Heirs and Assigns all right of or to both ,d'beleb7"* DU11rEU and IlOVE5TE.\ll ill the granted premises, and all other rights and interests therein. IN 11.1'1'NESs WHEREOF.............�i4...-........the e:1iJ.......... .o,�Y...~C�.�...� _.. ..............._._.... . U J Oa.liShJ.rvrq�.CYt • 1 .......................................................................................... . �� " \\^^...\.`\ ,..:.................. . ........................ .._.................._......................_....P.JtaArWvu�...... Cw�•WvrO.hO'M. r• hirvi, hereunto set.. ow........................handyuul suul6this.,..... ....,......day of.:,. O01 H.o.n 4t_....,. i,lwm hereur in the year One Thoue:utJ Nine Hundred and....IL,v :............. °.....:...:................._:.. _..... . .. .-.. _ _ IA the year Sigued,wSealed. Ind 14"6mwtlwl, in presence of ftned,ASu Ca.•...V.4. ( �1 .... . ..... . . ..... . .. . .... . t .............. ./y COttnONn'EALTII OF JIASSACHUSUM'S. .ir:. CON . ..............tls. \ ...................................._.......................................,............................... ...•................. N T1 1'hun perr�s�\nally appeared the nhovu-uunnd - .C.�W.0.7 ......�nwnn .... ........................................................................................................................................... ... .. ....... ` y a• bd w naanJ otluowlcJgeJ the foregoing fustnuent to be ........... p � . .......free act and deed before tile. ... . .... . ...1........ ............ ....... .... . ...,...... ..... . ...... . ........ . .......... ... Ulf.. `+s�' WM�. dJ• W Jcs,ricE OF THE PEAM �. "^ t BARN STA al DAlINBTA1tLE, M. Received \q .................lo 1,i•• and is recorded and collgNred,... .... .. _. .......' . PAP MA �t���"•!�' rs t .:."US9 f:'F 053 and +� I, EDNA F. A.YAGNOS )rida off Craigville Beach Road, West Hyannisport.Barns Ounty@Mass#chuaetu l in conawm1ioo of Nominal consideration 91000.00) ts 's ` -y. `.. L; ' EDNA F. ANAGNOS of off Craigville Beach Road, 1FH' rt, Massachusetts and FRANCINE D. GOMES of $i I�annispo 785 Osterville-West Barnstable Road West Barnstable Massachusetts =f . Freon with quitclaim coutnaats t3 the land in Barnstable ftst.IIyannisport). Barnstable County, Massachusetts, land n/t `` " .. being more particularly bounded and described as follows: the land in said Barnstable with the buildings thereon, near the house lot of Toni Way "" Gorge T. Washington on the West side of and off from the road leading 1. from 11yannisport to Craigville, bounded as follows: and of Coawncing at the NOfCiIrrAST corner of the granted premises; thence running m d >7/f of SOLMK%RDLY by land of George T. Washington, 223 feet and 7 inches u3.58 �.f Euse i to land now or formerly of Joseph A. Baker; thence P WESrKVDLY by said land of Baker, 110 feet, 6 inches to land now or 1, to formerly of Josephine L. Lewis; thence 110.5 i NOR7IHWARDLY by said land of Lewis, 223 feet, 7 inches to land of said on a George T. Washington; thence zza'.SB 31 +. era: " ' fASI7•WLY by land of. said Washington, 108 feet to the first mentioned zona bound and place of beginning lot Inc. , Containing an area of about 90 rods of land, be the same more or less. in The above described remises are cone p yea together with aright-of-way from the said 11yannisport and Craigville Road to the granted premises. I: and This conveyance is made subject to an existing mortgage with the Sentry plicable Co-Operative Bank, Hyannis, Mass. qe 145 For my title see deed to me dated July 6, 1977 and recorded at Barnstable Cotatty Registry of Deeds at Book 2S48 Page 078, Page 138 _ Executed as a sealed instnu ram this 7�� day of •� 3t —- �,� till t �'lf�� �i.�. -e.._yc,{,.u.' I au i I ' • Mlle Commontncalth of Aastaachuettle 2 Barnstable r e J° Thee penoaa 1Y appeared the abm named Edna F. Anagnos and adaowtedpd the foeapoing hwmmem to to her and A 1: l My a mmiume expinaIto 0 Got, �• 19 ' '•-t 7. at JAN2163 ��.„•+ii,,,,..« Town of Barnstable Regulatory Services Thomas F.Geiler,Director Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 August 8,2003 Law Offices Richard J. Cohen,Esq,P.C. Attn:Laurence P.Morin,Esq. 1185 Falmouth Rd.,2nd Fl. Centerville,MA 02632 Re:73 Tobey Way,West Hyannisport,MA 02672 Map 246 Parcel 80 Dear Attorney Morin: I am writing in response to your letter of July 3,2003 regarding the above address. While I appreciate all the research that has been done,the question of frontage:is still not answered. This lot has rights to access the right of way that leads to Craigville-Hyannis Rd.,but where is this access? The right of way that this access leads to is what we surmise became Tobey's Way. Nowhere is it spelled out as to where this access is on the lot. There is,I agree,some right of access to this lot but this does not mean that this lot has frontage on a street,way,etc. It may have access by necessity but this would be something that the courts have to decide. All this being said,you have asked me to make a determination of buildability. Under Section 4-9 Growth Management,subsection 9 Determination of Buildability in the Town of Barnstable Zoning Ordinances,it states that the town manager shall set up a procedure for issuance of determination of buildability. This procedure has not been put into place as of this date. Therefore,until this is enacted,letters of buildability will not be issued by this office. In order for a lot to be determined buildable the attorney's letter,along with the deeds supporting the letter,must be accompanied by a complete building application package. However,in this case,there are many questions that still need to be answered by the courts before this step can be taken. x If I can be of any further assistance please contact me at 508 862-4038. Sincerely, Thomas Perry Building Commissioner TP/AW I0 2 V 2 V-&- ID V Law Offices Richard. J. Cohen, Esq., P.C. Attorneys at Law -Established 1973 - 1185 Falmouth Road, 2nd Fl, Centerville,MA 02632 Cape Cod-Plymouth Richard J.Cohen,Esquire Tel: (508)771-6400 Robert D.Braunstein,Esquire 888-277-7711 Jerome A.McCusker,Esquire Fax:(508)771-6216 July 3, 2003 Town of Barnstable 200 Main Street Hyannis;MA 02601 Attn: Thomas Perry,Building Commissioner Re: Assessor's Map 246, Parcel 80 73 Tobey Way, West Hyannisport,MA 02672 Owner:Norma Holder Hall Dear Building Commissioner Perry: The purpose of this letter is to offer my legal opinion on behalf of my client,Norma Holder Hall, in support of our request that the above-referenced property be determined to be a buildable lot pursuant to the provisions and criteria of the Town of Barnstable Zoning By-Laws. Based on the history of the title to this property, including the payment of real estate taxes by the current owners since 1966, it is my opinion that there are legal and equitable grounds to support your determination that the requisite lot frontage and access exists to support your issuance of a building permit. There are several factual and legal bases which support our request that you determine this property to be a"buildable lot". I have been provided with a copy of the opinion letter of Attorney Jeffery Johnson, Esq.,which concentrates on the single lot exception/exemption pursuant to Sec. 4-4.2(1)of the Town of Barnstable By-Laws. This Section is included under -the provisions that are captioned"Nonconforming Lots", and Attorney Johnson has addressed the "Separate Lot Exemption"as it relates to the"frontage"requirement sufficiently in his opinion letter. We are in complete support of Attorney Johnson's position, and ask that you consider this opinion as a supplement to his opinion. In Attorney Johnson's letter(at page 3),he makes reference to a determination as to whether a"way"exists to provide access fo this property. This issue covers"access"as it relates ' to public safety and the rights of individuals of the subject parcel as well as of adjoining parcels. From a review of the deeds in the chain of title, it is evident that access to public roads was anticipated and provided for in all earlier conveyances. Specific reference to the most relevant deed is as follows: by deed dated August 16, 1937,Josephine L. (Lewis) Childs conveyed a portion of the property she had acquired from her father to Archie Lohnes(Book 528,Page 515),which is shown on an earlier version of the Assessor's Map [designated as Map 246, Parcel 239] As described in this deed,this small parcel clearly is non-conforming, and no suggestion is made by this letter that this parcel deserves any favorable consideration. Rather,we are dealing with the residue from that conveyance. There are four significant aspects of this deed which deserve attention as they relate to our request: a. The deed recites and creates an easement over her other adjoining land which language creates a means of access from, over and across land which already had its own access to public ways; b. As it relates to the Zoning By-Laws,this 1937 configuration has remained unchanged as to its boundaries, and has been continuously owned by a party other than the owner of the original parcel; and c. Common ownership control by the current title owners from 1966 to the present during which time the applicable zoning law changes became effective as it relates to frontage requirements; and d. From 1937 to the present,while title did revert-to the Town of Barnstable on two separate occasions due to a"taking" for tax purposes,there has not been a recorded conveyance to a common owner which extinguished, eliminated or altered the boundaries or dimensions of this parcel. It is my opinion that all of the deeds from 1937 are most controlling as to this determination, and that they must be viewed and interpreted as they relate and conform to the zoning requirements THEN in effect. The essence of the deed provisions recited above is that while this parcel may at first glance appear to be "land-locked",the parties to all conveyances since the original creation of this lot knew that a means of ingress and egress must be provided,and they did so by deed(which constitutes a covenant for the benefit of the parcel at issue). To determine at this time (more than 66 years since the establishment of the boundaries of this lot)that this parcel is"non-buildable" based either on"frontage" or"access"issues,would constitute an unlawful taking tantamount to condemnation of this property, all without due process, and without regard to the flexible language contained in the Town By-laws, and without any other remedy at law or in equity. The property was conveyed in 1937 with a specific grant of a means of access,and it has been since that time that zoning laws have been enacted which may be construed as contradicting the boundaries of this parcel. _ By asserting this position,we do not contest or challenge the relevance and importance of zoning laws in general,and of specific requirements for building lots for purposes of urban development(which includes the development of infrastructure for public roads and utilities). Also, we understand and respect the authority and responsibilities of your office in reviewing and making decisions as to individual permit applications and the need to balance the interests of individual property owners to that of the general public. However,we feel that it is within your authority and discretion to rely upon the factors recited in this as well as Attorney Jeffery Johnson's letter to arrive at a decision in support of your issuance of a building permit for this parcel. Accordingly,it is respectfully requested that you make a determination that this parcel at Map 246,Parcel 80,is a buildable lot, so that upon application a building permit shall be issued. Please let me know if you have additional questions or need additional information. Sincerel yours, Laurence P. Morin,Esq. Ccs: Jeffery Johnson,Esq. Norma Holder Hall JEFFERY JOHNSON CENTER PLACE 1550 FALMOUTH ROAD CENTERVILLE,MASSACHUSETTS 02632 Jeffery Johnson Telephone(508)790-5776 George W.Miller Facsimile(508)775-1945 June 18, 2003 Hand delivered Building Commissioner Perry Town of Barnstable tr' Hyannis, MA Re: 73 Tobey Way, West Hyannisport,MA Assessor's Map 246 parcel 80 Dear Building Commissioner Perry: I have been asked to render an opinion as to the buildablity of the above captioned parcel under the Town of Barnstable Zoning By-Law. In my opinion the premises come under the single lot exception/exemption to the By-Law, specifically section 4-4.2.(1)The lot is for single family use. The lot has a minimum 01' 5000 square feet of area and has at least 50 feet of frontage(or the minimum frontage requirement when it was created). It conformed to the existing zoning when it was created. It is and has remained in the same configuration since 1937. It was in separate ownership from all adjoining land long before any"bulk" zoning requirements came into being, never mind when it first became "nonconforming". The lot as presently configured was created by the result of two deeds. The first deed being a deed dated 1914. From this description a small portion is conveyed out in a second deed in 1937. Our lot was originally part of the many parcels purchased by George T. Washington. Washington had a farm which he assembled by deeds/purchases dated in 1893 at Book 208 Page 11.2, in 1897 at Book 227 Page 519 and in 1915 at Book 344 Page 87. The only issue that needs to be addressed is that of"frontage". In rendering my opinion I believe it is important to understand the history of our parcel as well as those parcels surrounding it. I have attached copies of the deeds to all the parcels that abut our locus as well as a copy of the 1994 and present Assessors'Maps. Initially George T. Washington sold the 2 acre parcel to the south of our lot to Joseph A. Baker at Book 300, Page 276 on March 14, 1910(1994 Assessors Map 246 Parcel 79). This deed specifically states as to the Grantor, Washington, "...it being agreed....to allow me and my heirs and assigns,as an appurtenance to my remaining land ,the use of a strip thirty(30) feet wide to be kept open across the granted premises as a"Private Way' from north to south, substantially continuing the present `Right of Way' across the grantees land from said town road." In 1914 George T. Washington conveyed essentially our locus to his own daughter, \ Josephine L. Lewis(later Childs/Newcombe). The deed was of a"'parcel of cleared land' on which her dwelling stands,until now a part of my farm" and the adjoining land, being "one acre, be the same 'more or less"'. The parcel's dimensions were recited as 214 ft x 200 ft x 221 ft x 203 ft. In 1922 George T. Washington conveyed the parcel on our east to his son Hanson Washington(Assessors Map 246 Parcel 81). This conveyance was"Together with a `Right of Way' from the said Hyannisport and Craigville Road to the granted premises." This deed went out after the deed into his daughter Lewis(Childs)and it is therefore subject to the rights granted to her and to Baker. It is my understanding that a town wide Zoning By-Law/Ordinance was passed in 1929 making every parcel that was not already "commercial" in nature restricted to "residential" use. This use restriction is not relevant to this opinion since our parcel is intended to be used as a residential lot. Gifford Brothers Sand and Gravel, Inc. v. Zoning Board of the Town o f'Barnstable, 56 Mass.App.Ct. 1105, 777 N.E.2d. 202 (2002). Josephine L . Childs(formerly Lewis, daughter of G. T. Washington)conveyed a portion of her land to Archie Lohnes, on August 16, 1937 at Book 528 Page 515 (1994 Assessors Map 246 Parcel 239)being described as bounded Northerly by her other land 50 feet, easterly by her other land 50 feet, southerly by land now or formerly of Joseph Baker 50 feet and westerly her father's land 50 feet. That deed recites that the land is granted, "Together with a right of Way over my adjoining land to the east of the granted premises." This deed legally created a "way" over Childs' remaining land(our locus). Assessors'Map 246 Parcel 80 is what remained of the original conveyance from Washington to Lewis(Childs)after this deed out to Lohnes. Our parcel's configuration has remained intact since this conveyance in 1937. My research indicates that,by Town vote of March 8, 1949 a "Residence t3" District was created in this area, a copy of that vote is attached. It should be noted that at that time the only "bulk" requirements were that a lot be 75 feet wide and have 7,500 of area. There were no frontage, or setback requirements. Map 246 Parcel 80 easily conformed to these requirements. When determining whether a"way" exists you must view all the pertinent deeds together. Of particular significance is a deed from Josephine L. Childs deeds to Clifton E. Pells dated July 27, 1949 recorded in Book 729 page 249 of a parcel to the west of the Lohnes parcel. This deed states that the grantee is given the parcel "Together with a right of way for all purposes for which ways are commonly used in common with others entitled thereto over the existing roadway from the granted premises to the public highway". When read together with the Lohnes deed, the Hanson Washington deed and the Baker deed, it is clear that there was a way to the public highway in 1949 running east and west across the Childs and Hanson Washington parcels then north and south through the Baker parcel out to the "Hyannisport Craigville Beach Road". The Engineering Department's 1968 aerial photograph of this area clearly show the existence of these of ways�� The Board of Public Welfare of the Town of Barnstable took what remained of Josephine Childs' (by then Newcombe's)property on December 6, 1950 by a document recorded in Book 771 Page 529. Specific exception was made from this taking of those conveyances by Josephine Childs to both Lohnes and Pells. On April 10, 1951, the Board of Public Welfare deeds our locus to Lawrence S. Tobey and Mary J. Tobey in Book 780 Page 159 (again excepting the Lohnes and Pells conveyances). By deed dated May 1, 1951, Lawrence S. & Mary J. Tobey deeded our locus to Mary T. Walton in Book 790 page 47. On December 29, 1959 the Town of Barnstable recorded an instrument of taking for 1958 taxes against Walton in Book 1064, page 429 referencing the deed into Walton at Book 790 page 47. f On December 30, 1963 the Town of Barnstable recorded a deed into itself for Mary T. Walton's property (land of low value) in Book 1231 page 500. The affidavit of low value and a certification of low value from the Commissioner of Taxation is recorded at Book 1221 Page 99. Next of record I find a deed recorded in 1964 from the Town of Barnstable to Philip E. Thompson of land "off' Craigville Beach Road. Unfortunately this deed references property taken by the Town in Book 1025 page 268, not Book 1064 page 429. Attorney Bernard T. Kilroy and I agree that this reference was merely a "scrivener's error". Attorney Kilroy with the cooperation and assistance of the Town's Attorney, T. David Houghton, have come up with a solution to this issue. It is my understanding that the Town Council agreed this past March 20 by a formal vote to fix this scriveners error by executing a confirmatory/release deed so long as it receives the benefit of coverage of a title policy. I have arranged with First American Title to get this coverage. Next of record is a deed from Philip E. Thompson to Norman B. Holder and Mildred I. Holder as tenants by the Entirety (which is our locus by description) dated November 6, 1965 recorded September 2, 1966 in Book 1345 page 670. Norman B. Holder died on February 25, 1970. His death certificate was recorded at Book 12238 page 191. Mildred I. Holder as the surviving tenant by the entirety, deeded this property as well as two others to her.daughter Norma Isalene Holder in Book 1639 page 228 (second parcel) as recorded on April 27, 1972. Although irrelevant, sometime prior to 1982 the square footage requirement for "Residence B" zones increased to 10,000 square feet from the original 7,500. On May 20, 1982 a frontage requirement was first introduced into the "RB" district. See the attached note from the 1984 zoning book. On May 31, 1985 "RB" (along with most of rest of the Town's residential districts) increased to a minimum lot size of one acre. This is the first zoning change that, in my opinion, made this lot "nonconforming". According to my Zoning Map this area is not affected by the change to two acres. At the time of the change to one acre and ever since that change this lot has remained in separate ownership from all adjoining parcels. I have attached the deeds to the abutting parcels for you reference and review. I trust that you will agree that this lot therefore meets the single lot exception/ exemption of our local Zoning By-Law, specifically section 4-4.2(l). As stated above it is a single family lot with at least 5000 square feet of area, 50 feet of frontage(or the minimum)and was in separate ownership from all abutting lots on the date of the change that made it nonconforming. Sincerely, J ry Jo son ,•*M�>o TOWN OF BARNSTABLE • Permit No. .. ..... BUILDING DEPARTMENT TOWN OFFICE BUILDING Cash Ml HYANNIS.MASS.02601 Bond ......�........ CERTIFICATE OF USE AND OCCUPANCY Issued to George E. Carrington - Address 75 Tobey Way Hyannisport, Mass. USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT. BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119..0 OF THE MASSACHUSETTS STATE BUILDING CODE. Parch 21, .. ....... 19 94 ............. . ... ............ .. ...� ............... Building Inspector 4 m et Kw; _ 11f'. P�- k . .BUILDING P _ T TC�, BARNSTABLf, MASSACHUSE'�TS ASS-) ti P46-239 ..„„22., 'yvT4 -t DATE December 2 j 19 'i PERMIT NO. +`• �363�� ...- I APPLIC NT GWiie-r ADDRESS Listed BlirloW �`- "" (NO.) , (STREET). (C 'b CICENSE) PERMIT TO Build Dweliing I-) STORY Single Famii',T BER OF D�relling'o WELLING UNITS _ .(TYPE OF IMPROVEMENT) NO. (PROPOSED USE) - i. AT (LOCATION)" 75 Tobey Way, Hyann.isport o°sTa cT- RB - (NO.) (STREET) f o ,` - 'BETWEEN AND (CROSS STREET) (CROSS STREET) ' LO _ !_....- ,.. ._.....-.:_:.. -.. . .. .:. .. .... .... . .,' .. � - T •:.. SUBDIVISION LOT. BLOCK SIZE FY BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION I' i TO TYPE A -USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) Se�wagc r 9 3-u-'!4 REMARKS: I i C.l AREA OR 1 VOLUME 676 sq. aift. ESTIMATED COST $ 53, 000. 00 FPER EEMIT $50..00 (CUBIC/SQUARE FEET) ..xyf '• VtC7�G�L.' h. Cc.l;_JJiI�LU'L OWNER , p 102 Stall hopc !<odcl, E. 1"allrioutia BUILDING DEPT.- ADDRESS BY �W FRC)M H ECEASE 7HE "APPLICA T FROM THE C0':DITIt%S , OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE - INSPECTIONS REQUIRED FOR CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PERMITS ARE REQUIRED FOR ALL CONSTRUCTION WORK: ELECTRICAL, PLUMBING AND I. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS. 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL MEMBERS(READY TO LATH). FINAL INSPECTION HAS BEEN MADE. ° 3. FINAL INSPECTION BEFORE OCCUPANCY. . POST THIS CARD SO IT IS VISIBLE FROM STREET :.. BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS � � I ra ""'`b 3 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT // U - RD OF H ITH VVV i a r OTHER _ SITE PLAN REVIEW APPROVAL If 1 r r WORK SHALL NOT PROCEED UNTIL THE INSPEC- PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD CAN BE TOR HAS APPROVED THE VARIODUS STAGES OF I WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE ARRANGED FOR BY TELEPHONE OR WRITTEN CONSTRUCTION. 'PERMIT IS ISSUED AS NOTED ABOVE. NOTIFICATION. a a} R (0 Rz S � .. Assessor's office(Ist Floor): C Assessors map and lot number S � 'f Prof THE i►O�` Conservation44th Floor):; t✓ �al6�cN97 Board ofU� 'alth(3rd floor): C� r SEPTIC SYSTE UST seaser�nta . t number Sewage Perm ber g 1 � INSTTWED iN9 C®MPLIAN `a o. d` Engineering Department(3rd floor) Vd�6TH:Tll°LE.5 House numbef ENVIRONMENTAL CODE AND - `l)efini6ve Plan.Approved by Planning Board 19 . �`. TOWN APPLICATIONS PROCESSED;8:30-9:30 A.M:and 1 t00 2:00 P.M.only TOWN 2 OF BARNSTABLE BUILDI'HG 1NS'PECTOR APPLICATION.,.FOR PERMIT TO Gion 5+ruC'+ Si V%a It- ''F m t 1-4 Tw-f_l t vt� TYPE OF,CONSTRUCTION _ ;( Q�Q ,v� 7 19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location 1 tlahni512oy- + I �y bp_ 7L LJLx_ t Proposed Use —DW Zoning District 1� Fire Districts/ Name of Owner e'_0 r ax- E CL ►V1 Address to �2 S+Ctn o e— Name of Builder Address Name of Architect YtGt✓O yr► M C.- n y►a Address_ ah Vt. S Oa rc+ Number of Rooms fJ Foundation Pn LL`-e d. Co V;�\cc f-k Exterior w Roofing ha 1 - Floors A `F V Interior S 1'1.C,L'A noc, k Heating So fc2.d. l�b ►` O t Plumbing 0-0 n oe c I", A e. Fireplace yyla Approximate Cost 4 5 3, D 0 o . 06 Area 6 760 Diagram of Lot and Building with Dimensions Fee 62� a' OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. I) Name Construction Si ipervisor's License Westerly Abutter Title History 1994 Map 246 Parcel 239(50 x50 parcel) 1937 Childs to Lohnes Book 528 Page 515 1951 Town of Barnstable Dept of Welfare entry Book 787 Page 151 1951 Town of Barnstable to Edward Cobb Book 790 Page 123 1957 Cobb to George Edward Carrington Book 978 Page 550 1993 George Edward Carrington to himself & Irene Carrington Book 8922 Page 10 No record of any death of George Carrington at Barnstable County Registry of Deeds v WITNESS my hard and the corporate,Xthteenth day of September, 1937. onkers. Cornorate Seidl (Z ERK (LS) Darnstablr -,ss_ Received-September-ell,-19a7,-and-Is-recorded--------------------------- r. �. I, Josephine L. Childs of Narnstable Barnstable CounLy, 1.i4rs3achusetts, be..Lng rn:rrriPd,. 4for consideration paid, grant to Archie Lohnes of B;trnstat.le nith wnrranty covenants _ 1 `' the land In Parnstabl.P in that !)art sometimes known ::s hest, llvnnnl.p orL Pounricd 1 rind described as follotrs florLhorl b• oilier Land of Josenhln,? e 11 r- Y ) L. Childs tiu?rn measuring Fifty feet. Easterly by other Lanni of Josephine L. Childs there me;,sr.rrLnf Fifty feet. Southerly by land noP• or formerly of Josenh B<,ker thorn m,?asuring r Fifty fret. Westerly by land of Georr- T. ':::,shington there rnevsurinE Fifty Feel. Loether srlth arlght of Ilav over ry adjnises. I, Alfred_Chllvs Ilushrnd of tires Grantor rolease to the said I;ranLee ;r]l .r rlghts of Tenuncy by the Curtesy and all. other interest therein. "'!mess our t' hand_.rnd seat—this sixteenth day of-Augu:t 19 7 Josanhlne L. Childs Alfr• d Childs v Common::c ll.h of =::rssachuseetts , LDarrnstablf? ss. August _ 1.97,7 Thon nee-srntally a7noarr^d the above-named •iosenhInn L. Childs and acknowtedEed the foregoinr Instrument. Lu be her free act. and d ,e•rl, befur- me Thomas .1 :'alsh llotar•ial ;>eal Uy , ummissinn expires ;e.p :'I 19.5ti Parnst�bl.(,.,ss. Received September ;=n, 1F:7, and is recorded. -� --------------•----------------n--------- --------------------------------- Commo wealth 0f . ,ssacinr::eLts r` . [,wid Court, To all .. tom it may concern: I, George Tripp of Ilarwich, M.-issochusoLLs rier•eb give notice that, on Lice sr,cond N d:,y of ;feat tuber 1937 filed Ln said Cvurt. a pet Lon :rl;;rinstK Turn of ilarr.Lch, Y Estate .of Al zo Trip-), Mary D. Thomason, '.'.'it Lam V. Tripp George F. TrLnp, t t� Rebecca V. Cur ter, Heirs of or devls-es of Samuel Tripp unknown to foreclose n rtax Lie acuulr.• under a certain tax de, (or deeds) from Lhe Collector of Taxes for the City (or oirn) of Harwich, In r(: County of Barnstable and said Common- wealth, dated July ^6, 1935, and rec ded •-ith Barnstable Deeds in Book 513, Page 55. Sold deed or deeds) cov rs a certain narcel of land situated In Har%%Lch In tite County of Barn table and ald Common:,ealth, which is descrlbed as follows: G� On Life North by land fu merly f one Gorham, on the East by a Town ro;,d, on the ..,South by land of Rebecca Ill er, and on the S7esL by Herring River, containing about 2 acres. George F. Tripp- ` * Name all respondents s t petition. Barnstable,ss. Receive Septe er 30, 1937, and is recorded. --------------------- -------- ----------------------------------------------------- I, Geraldine C. Clar a of flew Y rk, N.Y. being Tarried, for consideration paid, grant to Louise S ones of Harr.lci, with quitclaim covenants all my right, title and interest In id to the land In aralca, bounded as follows:- Commencing at g. the Southviester y corner of the prr ses in the range of ElLzabeth Ellist land; thence Northe ly by a tovrn road leadli g to Llte sea silo-e, to the lanai of heirs of Alonzo Tripp, thence Fasterly.by said •-nre and a fence to the land of heirs of i I yl` 1 {: d j, iS( t ft� 787 4aieea ,' f what. which ij CERTIFICATE OF TAKING POSSESSION OF REAL ESTATE 1 5 1 ntof „`„ �i UNDER CRAFTER 117, SECTION 30 OF TEE GENERAL LAWS id aD , ,. roved E" ;' j� We, Alice L. Bearse and Mary Manning, both of Barnstable P `fi,l L, is (Hyannis), Barnstable County, Massachusetts hereby certify that here- .' we were present on the i- day of 1951, and saw any •ance „,s Victor F. Adams and George L. Cross being a majority of the each t: Ieix ` BOARD OF PUBLIC WELFARE of the TOWN OF BARNSTABLE, a Municipal Corporation located in said County of Barnstable, make an open, 1 vy 1i dfaN peaceable and unopposed entry upon the following described par- ,1 'ter. eel of real estate of ARCM LOHNES, deceased, late of said eats ur ?la the . f 9 . crb is m•', Barnstable, being real estate located in said Barnstable, with the buildings thereon, in that part of said Town known as West a. due. R- Hyanniaport, bounded and described as follows: &nd Nor therly by land now or formerly of Josephine [Led !a �j L. Childs, there measuring fifty feet; Easterly by other land now or formerly of said Josephine L. Childs, there measuring fifty ave7 ;t feet; i Southerly by land now or formerly of Joseph J1 'f Baker, there measuring fifty feet; and, air S Cc" ? Westerly by land now or formerly of George T. the Washington, there measuring fifty feet. Y ro{t fur 8 4ir 4 cad "' •' Said land is described in a deed of Josephine L. Childs to Archie r` Lo nes dated August 16, 1937, recorded with Barnstable County he ' Deeds in Book 628, Page 6151- 'x for the purpose by them declared as the said BOARD OF PUBLIC x° �! WELFARE of the TOWN OF BARNSTABLE of taking possession of the a- bove described real estate as the property of the late Archie :A ? Lohnes, a person who at his decease on the first day of June, 1951, was actually chargeable to the said Town of Barnstable, y'. and further for the purpose b them declared of sells and con-. I. A� y n8 ve i so much of said real estate as m, be necessary to re- ,...p I F n8 y I'y 1'r A � 5D 5 t , i s' v t � Ryyyf a$ti+ r 5 + r� K .,'lid• ��`J`iw,�_r��-t'� {''�?�j<Y�r y; A �'�j .�er4lt7�bn :s 1Y3 ti 61 ��xrN: E»: GE 'L.:OR038.:aiid..VICTOR F. ADQM3, slth ., acting as the Board of Public Welfare of the Town of Barnstable., 79�J' a Municipal Corporation located in the County of Barnstable and 1'2,3:: +' on Street ;. Commonwealth of Massachusetts, for Three Hundred Sixty-five o'= ($385.00) Dollars paid, grant to EDWARD B. COBB of Barnstable ma as , (Hyannis), in said County and Commonwealth, a certain parcel of f: land with the buildings thereon formerly of Archie Lohnes, deceased, s 113. late of said Barnstable, located in that part of the Town of Barn stable known as West Hyannisnort, bounded and described as follows t iew _` Northerly by land now or formerly of Josephine L. id Childs, there measuring fifty '(50) feet; rear, Easterly by other land non or formerly of said Jo- J. aephine L. Childs, there measuring fifty (50).feet• " !. Southerly by land now or formerly of Joseph Baker, I Small there measuring fifty (50) feet; and, table Westerly by land now or formerly of George T. Washing- s herela s `_ ton,'there measuring fifty (50) feet. `t j. Said land is described in a deed of Josephine L. Childs to Archie Lohnes dated August 16, 1937, recorded with Barnstable County Deeds; in Book 528, Page 515. e- °i Said land was taken under the provisions of Chapter 117, Sec- ion 30 of the General Laws for the.' purpose of selling and convey ng said real estate under the provisions of said statute. The ertificate of taking possession has been recently recorded with Barnstable County Deeds. For our authority to make this convey- Mee reference is made to said certificate of taking. ;� 5;�•1F 1ESS WIWZOF we hereunto set our hands and seals this AY \o�p``1J� 1951. is ,mµru qs ru c e are ort�- __-__ v V Town of-Barnstable. ' �'? CQNMO15 ALTH OF MASSACHUSETTS V Barnstable,sa. 3 1951. Then persoanlly appeared the above-named E. Thomas bturp a George L. Cross and Victor F. Adams, acting as the Bo" C-: ;Af►' io Welfare of the Town of Barnstable and acknowledg instrument to be their free act and deed before .�f'. AtePANZi�c."— � —�-- S yJ M commission..expires: /!•� �. t ( f �: January 16, 1941, a-d re ded as aforesaid in Book 574, Page 565. 97 And I, EaM F. ELS1' , wife of said ELNATW E. ErxMrsr, releas to the gra-tees all rights of darer homestead, and other interests in gra-ited 550 premises. ir3taess our hands and seals day of , 1957. CO-MlfMUF OF Barnstable, so. // , 1957. Than perconall.y aapeared the ab r_coed E MT:�n E. u'3M- M ad ac_imowledged the foregoing instrwment to be his ree act abd deed, before , Natarc l ic L'r coamissionpes� ZY J i i - ;.a 9 Barnstable, ss., Received July 18, 1957, and is recorded. L, !AJD B. COBB r "r of (F,7amis) Barnstable, Barnstable County,Massachusetts, being ,rmmarried, for consideration paid, grant to GMRGE 31Z'.'ARD GAr2RINOTON .x of Boston, Suffolk County, Lassachusetts a-ith qrUfhft raoruatdo t= the laod�R together with the buildings 'thereon fornerlo of Archie Lohnes, ' situated in that part of the(85Y?'t9*M-hrfis.thm%fa;Bdn as west Wannis Dort, and bounded and described as follows: Northerly by land nae or formerly of Josephine :. Childs, there measuring fifty (50) feet; Easter)y by other land now or formerly of said Josephine L. Childs' ' there measuring fifty (50) feet; I Souther by land now or former of�Y >,y Joseph esker, there measuring fifty (50) feet; and Westerly by land now or formerly of George T. Washington, there measuring t. fifty (50) feet. Q -{y For title, reference mau be had to a reed from B. Thomas :krply, George :. L. Cross and Victor F. Adams as the Board of WeL are of-the Town of Barnstable, y; dated 3 August 1951 and recorded in the Barnstable County Registry of Deeds, Book 75% Page 123. t: Taxes for the year 1957 are to be paid by the Grantor. "r t; 7®I®C7o^,M�said 5 s i �. 30i2nrss••••4W••••.band and seal this................I.4- ......;.........Jay oi......S.t]s-_....... ....._...... 19•.54. r 6/ ...............................__............................................. :.. % _�......G: ............ :1.._ .r: t�l}r �rrmrttnnmralfh ct ffiassarhttscl2a ?<^rnstable ss Julp l 8 19 57 1 Thty personally appeared the above named IIMA4y 3, CnM 9, and acknowledged the foregoing instrument to be his free act and deed,before me �� .. > = i NotsR n,btic— __ tc m S ,'y " My w,rminitn ecpim a a 19(,u C < O ✓. DLn j• y v .I 0rr � r „£, Barnstable, ss., Received July 18, 1957, and is recorded. i� Ji- li'j I. I, G3v,_Z Exam CL:iFu MON 6: of 305ton, Suffolk County, Maaaachttaecta, beint umnarrid,for consideration paid,grant to I, Z-MrAtiD B. COM of (,antis) 3rnstable, Parnstah'_e City !l ! i nirh mortgagr rosraartle,to secure the Dapmmt of 1 � Seven F]mamd Eights-feur and 00/lOC (78h.00) Dollars II months 1 in 26 with interest ra=nnow payable x4�D¢sEf2Hti. . as provided in, a note of even date, the land [Description and enc='mvnc a if.nr] togetiieer-rith the buildings the eon formerlie of Archie iohnes, situated it, that nart of th= Point of Barnstable known as :rest '-?yannisport, and bounded and descrip'- a: fell=--- :iortherly by land now or formerly of Josephine L. Childs, there measuring fi=ty (50) feet; _ r'asterly by land now or formerly of Josephine L. Childs, tbere Mas- uring fifty (5D) feet; Southerly by land notr or Ycr=rls of Joseph Baker, there meast`ng fifty (5o) feet; Westerlry by land nmmr formerly of George T. .Yashirgton, there measuring fifty (50) feet. w f 3 J F� i BP,08922-0010 93-12-01 301 #73769 QUITCLAIM DEED 1, GEORGE EDWARD CARRINGTON, of Mattapan, MA IN CONSIDERATION OF ONE DOLLAR AND NO1100 ($1.00) PAID grant to GEORGE EDWARD CARRINGTON AND IRENE CARRINGTON, Husband and Wife, as Tenants . by the Entirety, of 718 Cummins Highway, Mattapan, MA 02126 WITH QUITCLAIM COVENANTS r The land, together with the buildings thereon formerly of Archie Lohnes, situated in that part of the Town of Barnstable known as West Hyannisport, Barnstable County, Massachusetts, bounded and described as followet NORTHERLY by land now or formerly of Josephine L. Childs, there measuring fifty (50) feetj EASTERLY by other land now or formerly of said Josephine 3 L. Childs, there measuring fifty (50) feetj SOUTHERLY by land now or formerly of Joseph Baker, there i 3 measuring fifty (50), feet; and s� WESTERLY by land now or formerly of George T. Washington, ' S.- . there measuring fifty (50) feet. FOR TITLE REFERENCE SEE DEED DULY RECORDED IN B60R 1714 i PAGE 9. WITNESS my hand and seal this lot day of December, 1993. Georg Edward Carr&2Lington y i ri Ea` BP%08922-0011 93-12-01 3141 #73769 Of, „ L` 7 'tyf trk COMMONWEALTH OF MASSACHUSETTS {..` Barnstable, SS. December 1, 1993 Then personally appeared the above. named, EOROE SDWARD ,,.,, CARRINGTON as aforesaid, and owledged th t 88 executed iiA, the same as HIS free act and as 7 eAw,..1,•,� Kota Pu o 7-7 My C eeion E pi rest �!�G3y -/0- "y `t,F• s BARNSTABLE REGISTRY OF DEEDS 5 F 1 Westerly&Northerly Abutter Title History Map'247 Parcel 254 Open Space of Washington Farm Estates 1945 George T. Washington to Lawrence S. Tobey Book 632 Page 307 1983 Lawrence S. Tobey to Maine Post&Beam Dev Co Inc Book 3790 Page 321 1993 Foreclosure deed to WF Realty Trust Book 8779 Page 301 1994 WF Realty Trust to Funding Services, Inc Book 9048 Page 270 1994 Funding Services,Inc to Washington Farms Open Space Tr. Book 9320 Page 36 s 532mat 307-- Barnstable, ea., Reoeived August E79 1995, and is recorded. L r_L•n-r_•. T 476CflaTor v of nn=• tn'r—ip ( cannisport) r _Barnstable C0t Masulchysetm for eonsidentioa paid.grant to T.ATTRF"MT 'R_ TOPEY i of said Barnstable (pyariisport) - Wtt11 t'II�lltiflbH . VmVAM a certain bare_ of hand ai+•rated at yannianOrt together ' iDawigt=.e9 mwmW=tM if.nsl with the buildings thereon, and bounded as follows;- ;\ r— Coiu.;encing at a stake and stone on the North side of the �* i premises and two hundred and thirty (230) feet east of the ditch, land in the rar_J.e of land now or formerly of Henry C. Lumbert; thence in said Lunbert's range Easterly.to' the land of the heirs of Varren Hinckley; .,. thence Southerly in said Hinckley's heirs range and land =� of the Hyannis Land Co. to land of A. D. Makepeace; thence iveaterly in said 'lakepeace, Hyannis Land Co. and eG. heirs of Alvan Hamblin's range to the ditch above -mentioned; thence by said ditch two hundred and twenty (220) feet to a stake and swr_e; thence Northeasterly by land formerly of Walter F. Carney Q, and BenJamin J. Carneyfive hundred and'twenty (520) feet to a stake 0" and stone; thence Easterly by land formerly of said Carneys two hundred and twenty (220) feet to a stake and stone; thence Northerly. by lard formerly of said Carneys four hundred 1 fifty-eight ();53) feet to the place of beginning. And cor_ ainincr about ei^hteen (13) acres, more or less. 5 Being the'same premises conveyed to me by *;alter. F. Carney and Benjamin J..Carney by deed dated parch 23, 1C93, recorded with iBarnstable County Registry. of Deeds in Rook 208, Page 112. p Also a certain tract of upland and s.am-o land situate in Barnstable aforesaid, to wit in the westerly part of the Village of ?yannis Port, so called, and said tract.of land is bounded and described as follows;- Comnencln-- at a point at t-he nort'_+easz�erly corner of the ra.^,ted premises, in range of land 'of said ::+ashin�ton; thence Southerly; thence .,�esterl;;; thence Southerly and thence Soutznesterly by land of said ifashington to a no_nt, being �! the southwesterly corner of the granted premises, in range of land I Low or formerly of the Heirs of Levi Sm:.th, deceased; . (� thence Northerly by land of said Heirs to lend now or formerly of the -Heirs of Zimri-Lumbert, deceased; thence Easterly by land of the Heirs of said Lumbert, to the first mentioned bound or place of beginnin3. Being the same premises conveyed to me by. Benjamin J. Carney by deed dated 3uly 15th, 1 97, recorded v.ith Barnstable County Registzq of Deeds in Book 227, Page 519. Premises. Reserving to the grantor a life estate in the above granted r' s a x # Nominal consideration ; = 632 y 308 M-r t,—A and seal tbu ��fh_ dapOf__AI'gstnt to]+5, esses .to ma k; Hid fa m Waghin ton hark D „ i <� �+l� QjIIIIIMt11ItItP�(2�( lif �� Then personally appeared the above named— George T. `lfashin ton and admowledged the foregoing kotrament to b his free act and deed,before me p'. Note7 IIa60e—_ V 1 � Barnstable, so., Received August 27, 1945, and is recorded. q r _ q of rfllmonth. SATnstsble - County,Massachusetts, * i• i � t Lei"v.mmred, for consideration Da ids grant t0 ,tatc e` Fo,+ "'nrtr with 4atfdaut ammmuts s � gg�,�8 CE;,:tg.'.TLi'' ?n-!slur•-.SLh.,y,,'d �2 r.a� o� 7^nd lac_.^..tpd in thrt "'21L101ti:,ln0_gi_'•$ 'dcuol` F-; noilyded'ard de aribed as tD aiytioe and—mobr.oem if awl i = iOLT! EIY by the State 7iY-hway z ommonly hnorm t a [ p ?oute M; .YiGi?^fl'a�ST?Rl,`r by Childs aver N07'77 S'S3--j7 by lane formerly of John J. 'ussell or his heirs or devisees. 'aid premises are a portion of the premises ccnceyed by :'illism I. ^a-,;anau,•h to 0har;es ". ?urgess by deed sated ^ebruary 26, 1926 and recorded with 2arnstabie cunt- ''eels, lock 4: 1, Page .122, and comprise the lot numbered i4 or a P!an of Lots on �hilcs fiver ?or sale by i the ='state of John J. ?ussell bectior. ' gsid premises are the same shown on the Town 00 'a-mouth ..saeszors' :.ap, '>heets 29 and 32, entitled "Justena I.. Furness" Gnd have ar_ area of .4 acres of lend mcre or less. A. t E, e a , L Y-e� � � MASSACNUSE"11 OUtTCLAIM D[FD SNORT roRM (INDIVIDUAL) 881 1 t 9 n"t F,-u 7 e_.. :t n. I, IAWIZFNCE S. NBEY, also known as, IAWRINCE S. 10BEY, SR. a2a Jti a3.7 -- - I �` of off Crai{ gville Beach Road, Hyannisport, Barnstable commty,Massachusetts ° being unmarried,for consideration paid,and in full consideration of Three Hundred Fifty Thousand 00/100 ($350,000.00) grants to Maine Post and Beam Develo c FontnY, Inc., a Massachusetts corporatiol, i' as general partners of Washington Fauns Limited Partnership of 60 State Street, Boston, Massachusetts with 1lmtttlxtmt tm11!m8m18( r .. I the land in "t �✓ t. IDeuription and encambraac s,if anyl tv rC V The land with the buildings thereon, if any; in Barnstable (West Hyannisport), ;; 'e Barnstable County, Massachusetts, being described on a subdivision plan of land az �' entitled, "Washington Farm Estates Subdivision plan of land, Barnstable, Massachusetts w„ ; 6 (West Hyannisport), Washington Farm Estate Realty Trust, April 21, 1980, Scale: . 501, Down Cape Engineering, Route 6A, Yarmouth, Massachusetts", said plan • being duly recorded in the Barnstable County ty Registry of Deeds in Plan Book, r Page�y: being described as the following parcels: Lots 1-25 inclusive, as shown on the above described plan. Lots A, B,'C s D as shown on the above described plan. III. All:of the fee in the Frays shown on said above described plan• ` yt I Together with the right to use the 30' private way as shown on said plan in * camnn with all others entitled thereto pand to be used in the same manner as 5'4. all ways in the Town of Barnstable. Said right-of-way is also shown on a plan recorded with said Barnstable County Registry of Deeds at Plan Book 292, Page 71. For our title, see deed-Of George T. Washington L f,, county , recorded in Book 632, Page 307 � at the BarnstableC � � h' Registry of Deeds. ' t This conveyance is given subject to any and all restrictions as *1 ( specified on the above-described plan or of record. ir art' Q :_ g8. 00 � s: hand and seal this /� riS day of_ _ «✓��c 9• �Ps � § t) Y : t � U i 1 �a' YiQ t of �4Dtldc liO �F al i Then personally appeared the above named 4,*-ue,-Ajc c ,r i d C r w t�., -and,,admowled ed the foregoing instrument to be s1/ f a g go 8 S free act and deed, before me f m� # ^ti x=_ c _ otary Publr of the Peace My commission expires t /`• A (aIndividDal—Joint Tenants—Tenants in Common CHAPTER 183 SEC 6 AS AHMED BY CHAPTER 497 OP 1969 i �s r r t Every deed resented for record shall contain or have endorsed upon it the full namq residence and port office address of the gt�noee �g M +°ram ; i and a recital of the amount of the full consideration thereof in down Of the nature of the other consideration therefor,if Dot de4Terod for a specific coo sum.The full consideration chap men the total price for the coon p without deductiod for soy liens or. ' nenq b�the&ranee or remaining thereon•All torch mdonements and recitals a6aU be recorded as i a �vmbmcea t5ia section shall Dot affect the saliditi of col deed No srgiaoer of deeds chap accept a deed(arm eE theme 7, hdum comPfiaoae rrfth the requirements of thin section, r a ;� sra U Ep, L 683 1i[l,L l - BOPKBP�G: 169 21360 l LAND OR COMMERCIAL MORTGAGE a ........... t� ' i THIS MORTGAGE.is made this. 25th..........day of.....April......... 1 88. ctwccnthrAtnrteagor,.GEORGE T.,,TOBEY,,of off.trdig.0.11e•Wit Road..HyAnnisport- &eS- b Barnstable County,•*.......(herein"Borrower"),and theMortgagccSeOtCY.Ff'.de►al.$dYingS Bank formerly..SENTRY SAVINGS F.A. ....• ,•,••....................a corporation organized and existing ( L under the laws of.The.Un1.Led $totes.Af.Amerlr_a........,whose address is.............. o e r •.•.West Maln Street•Myannla,Masuchusens 0260t .....,,••,••,•............(herein"Under"). •' principal One Million Five Hundred Four Thousand WHEREAS,Borrower is indebted to Lender in the rind al sum of.................................... } C E 3 note ($1e.5.04,000 OO.)""'" "____ -iJollars,which indebtedness is evidenced by rtowcr s re i W+w-' dated..April.25,.1988........ (herein"Note•'),providing for monthly installments of pprincipal and interest, .f , " Aril 25, 1989 ............. i with the balance of the indebtedness,if not sooner paid•due and payable on....P............... z C to c> y S ..................... _ 4 a F Qr I ,I W To SECURE to Under(a) the repayment of the indrhtedness evidenced by the Note,with interest thereon,the I F Y J u Z payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage,and the performance of the cosenants and agreements of Borrower herein contained,and(b)the repayment W e_ of any future advances,with interest thereon,made to Burrower by Under pursuant to paragraph 21 hereof(herein < ` CL "Future Advances-),Borrower does hereby'mortgage, rant and come to Lcndcr,with power of salt,the following F y Barnstable State of Massachusetts: w w c described property located in the Coumy of....................................... ; ~c Z The land together with the buildings thereon being located off Craigville Beach It 4 a a"' Road, West Hyannisport and being fully described in Exhibit A attached hereto. t (D N ,M ?J Mtn= The mortgagor hereby agrees to comply with all of the terms and conditions of the I i ` "a rn Failure to comp April 21, 1988 letter of commitment from the mortgagee. ly with any A r " commitment shall cause a breach of the terms and conditions of the said letter of and default of this mortgage. 1a �� 1D � vv i which has the address of)(a. o9ton.fanv.E5t0teS,..off.CTAig�cil]€.Bearh.Road..1c,rysL.NyaooispArt 0 tsv.eq _ MA 02672 ..•..•(herein"Property Address"): e. tst.l •a r,p coda) I + ToeET11ER with all the improvements now or hereafter erected on the property, and all easements, rights 4) i appurtenances,rents,royalties,mineral,oil and gas rights and profits,water,water rights,and water stock,and all ' fixtures now or hereafter attached to the property,all of which,including replacements and additions thereto,shall be ` deemed to be and remain a pact of the property covered by this Mortgage;and all of the foregoing,together with said property(or the leasehold estate if this Mortgage is on a leasehold)are herein referred to as the"Property". f Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and eanvcy the Property,that the Property is unencumbered, and that Borrower will warrant and defend generally the tide to the Property against all claims and demands,subject to any declarations,casements or restrictions r — i listed in a schedule of exceptions to co �t verage in any title insurance polity insuring Lender's interest in the Property. �, i w INStJ•112 • gyp' fee- _ _ _ fix l UNtroaar CMNarrn. Borrower and Lender covenant and agree as follows: s . 1. Payses of Ptdselpal and Inreresr. Borrower shall promptly pay when due the principal of and interest on the iadebtedruess evidenced by the Note,prepayment and late charges as provided in the Note,and the principal of and intent a' R an any Future Advances secured by this Mortgage. �, l 2. Funds for Taus and Insanaee. Subject to applicable law or to a written waiver by Lender,Borrower shall pay j i to Lender on the day monthly installments of principal and interest are payable under the Note,until the Note is paid in full, a sum(herein"Funds')equal to one-twelfth of the yearly taxes and assessments which may attain priority over this Or Mortgage,and ground rents on the Property,if any.plus one-twelfth of yearly premium installments for hazard insurance, , ; plus one-twelfth of yearly premium installments for mortgage insurance,if any,all as reasonably estimated initially and from I x:' rr yam,a time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. k ' The Funds shall he held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or t' a -; .. state agency(including Lender if Lender is such an.institution). tender shall apply the Funds to pay said taxes,assessments, y.` ar insurance premiums and ground rents.-Lender may not charge for so holding and applying the Funds,analyzing said account, or verifying and compiling said assessments and bills,unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge.. Borrower and Lender may agree in writing at the time of execution of this a Mortgage that interest on the Funds shall he paid to Borrower, and unless such agreement is made or applicable law { requires such interest to be paid,Lender shall not he required to pay Borrower any interest or earnings on the Funds. Lender �� shall give to Borrower,without charge,an annual accounting of the Funds showing credits and debits to the Funds and the n" purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. i {—, r ° . If the amount of the Funds held by Lender,together with the future monthly installments of Ftmds payable prior to r r r the due dates of taxes,assessments,insurance premiums and ground rents.shall exceed the amount required to pay said taxes. (if 4 assessments, insurance premiums and ground rents as they fall due, such excess shall be. at Borrower's option, either 3 promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes,assessments, insurance premiums and ground rents as they fall due. f s € Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice is mailed ; by Lender to Borrower requesting payment thereof. {s;° Upon payment in full of all sums secured by this Mortgage. Lender shall promptly refund to Borrower any Funds '��,,� ' ^� Y held by Lender. If under paragraph I hereof the Property is sold or the Property is otherwise acquired by lender.Lender fi" w Asa shall apply,no later than immediately prior to the sale of the Property or its acquisition by Lender,any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. C Z D. Application of Payments. Unless applicable law provides otherwise. all payments received by Lender under the K} w Note and paragraphs I'and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower ' <! , ar c ' under paragraph 2rhereo(.then to interest payable on the Note.then to the principal of the Note,and then to interest and principal on any Future Advances. _ v" 4., Charges:Liens. Borrower shall pay all taxes.assessments and other charges,fines and impositions attributable to ? * u the Property which may ailain a priority over this Mortgage,and leasehold payments or ground rents.if any,in the manner - 'a y provided under paragraph 2 hereof or.if not paid in such manner,by Borrower making payment,when due,directly to theaK r ' payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph,and in the event Borrower shall make payment directly. Borrower shall promptly (urnnh to Lender receiph evidencing such payments. p, v-t Borrower shall promptly discharge any lien which has priority over this Mortgage:provided, that Borrower shall not be t"= v F * r i required to discharge any such lien so long as Borrower shall agree in writing to the payment of the obligation secured by t such lien in manner acceptable to Lender,or shall in good faith contest such lien by,or Defend enforcement of such lien in, legal proceedings which operate to prevent the.enforcement of the ben or forfeiture of the Property or any part thereof. S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured M+ j against loss by fire,hazards included within the term"extended coverage".and such other hazards as Lender may require d y 1 and in such amou•nis and for such periods as Lender may require:provided,that Lender shall not require that the amount of such coverage exceed that amount of coverage required to-pay the sums secured by this Mortgage. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender: provided. i.' }*'it 4 that such approval'shall not be unreasonably withheld. All premiums on insurance policies shall be paid in the manner provided.under paragraph 2 hereof or.if not paid in such manner,by Borrower making payment,when due,directly to the ��, " , i•< sr 9 Jt¢ insurance carrier. All insurance policies and renewals thereof shall he in form acceptable to Lender and shall include a standard mortgage ,a 'clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, sr , and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, s iy s Borrower shall give'prompt nofic!to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower_ Unless I ender and B6rr'ower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of , the Property damaged.-provided such restoration or repair is economically feasible and the security of this Mortgage is not thereby impaired. If such reyoration or repair is ma economically feasible or if the security of this Mortgage would, s be impaired.the insurance proceeds shall be applied to the sums secured by this Mi+ngage.with the excess, if any, paid to Borrower. If the Properly is abandoned by Borrower,or it Borrower fails to respond to Lender within 30 days from the date notice n mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits.Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property a t Of to the.sums secured by this Mortgage. rr! Unless Lender and Borrower otherwise agree in writing.any such application of proceeds to principal shall not extend - q' or postpone the due date of the monthly installments referred ro in paragraphs I and 2 hereof or change the amount of such installments. It under paragraph Ig hereof the Property is.acquired by Lender.all right,title and interest of Borrower , in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Properly prior to the sale or acquisition shall pass to Lender to the client of the sums secured by this Mortgage immediately prior to such salt or *< ax is. ' i k acquisition. t 6. Prrsenalion and Maintenance of Property; Leaseholds;Condominiums; Planned Unit Developments. Borrower „� shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of.the Property P r � and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit Development. Borrower shall perform all of Borrower's obligations under the declaration a* or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the i condominium or planned unit development,and constituent documents. If a condominium or planned unit development x rider is executed by Borrower and recorded together with this Mortgage, the covenants and agreements of such rider 341 shall be incorporated into and shall amend and supplement the covenants and agreements of this Mortgage as if the rider9 were a part hereof. - 7. Protection of Lender's Security. If Borrower (ails to perform the covenants and agreements contained in this n us�' #r t `.4 Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Properly. C t k. 1 including,but not limited to,eminent domain,insolvency.code enforcement,or arrangements or proceedings involving a bankrupt or decedent,then Lender at Lender's option,upon notice to Borrower,may make such appearances,disburse such v !i sums and take such action as is necessary to protect Lender's interest. including, but not limited to, disbursement of ,, reasonable attorney's fees and entry upon the Property to make repairs. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage. Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrowers and dg R i d` F i" ,_ x4 �q w lisp 11, BDOK $ 17l )X Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the ( + s - manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuart.to this paragraph 7, with interest thereon. shall become additional indebtedness of Borrower secured by this Mongage. Unless Borrower and Lender agree to other terms of payment,such �kY, ' amounts shall be payable upon notice from lender to Borrower requesting payment thereof,and shall bear interest from the - date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of interest it such rate would be contrary to applicable law,in which event such amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained in thisparagraph 7 shall require Lender to incur any expense or take any action hereunder. - (f S. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property.provided i that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lenders j interest in the Property. 9. Condemnation. The proceeds of any award or claim for'damases,direct or consequential.in.connection with any condemnation or other taking of the Property.or part thereof.or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,she proceeds shall be applied to the swims secured by this Mortgage. with the excess.if any,paid to Borrower. In the event of a partial taking of the Property,unless Borrower and Lender otherwise agree in writing.there shall be applied to the sums secured by this Mortgage such proportion of the proceeds ; r as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of li R I taking bears to the fair market value of the Property immediately prior to the date of taking,with the balance of the proceeds I&y{ r paid to Borrower. I�',ih V'� fr. If the Property is abandoned by Borrower.or if.after notice by lender to Borrower that live condemnor offers to make ' , an award or settle a claim for damages.Borrower fails to respond to Lender within .10 days after the date such notice is ' tion or repair of the mailed.Lender is authorized to collect and apply the proceeds.at Lenders option.either to restora ;la Property or to the sums secured by this Mortgage.T Unless Lender and Borrower otherwise agree in writing.any such application at proceeds to principal shall not extend rt x or postpone the due date of the monthly installments referred to in paragraph, 1 and 2 hereof or change the amount of t such installments. tt 10. Borrower Nat Released. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release,in any manner. rho l the liability of the original Borrower and Borrower's successnrs in interest. lender shall not he required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums , secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. + - 11. Forbearsnee by Lender Nm a Walver. Art forbearance by 1 ender in exercising any right or remedy hereunder,or it• ( ;. otherwise afforded by applicable law. shall not be p waiver of or preclude the exercise of anv such right or remedy. s' " The procuremerit of imuranro nr the payment of rases or tither hens or charges by I ender shall not he a waiver of I emkr's �I i ' right to accelerate the malarity of the indebtedness secured by rho,Mortgage - I�: ��` k 12. Remedies Cumulative. All remedies provided in this Mortgage arc distinct and cumulative to any other right or remedy tinder this Mortgage or afforded by law or equity,and may he exercised concurrently independentiy or successively. s• i 13. Successors and Assigns Bound; Joint and Several I.iability: Captions. The covenants and agreement" herein • contained shall bind•and the righu hereunder shall inure in.the respective successors and assigns of Lender and Borrower, r ` subject to the provisions ctf paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings or the paragraphs of this Mortgage are for convenience only and are not to he used to interpret or define the piovisians hereof. 14. Notice. Except for any notice required under applicable law to he given in another manner. (at any notice to 1 IE e ryIS Borrower provided for in this Mortgage shall he given by mailing such notice by certified mail addressed so Borrower al ,r'i '.3 S ' the Property Address or at such other address as Borrower may designate by notice to tender as provided herein, and i •a (b)any notice to lender shall he given by certified mail.return receipt requested. to Lender's address stared herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this r'i s Mortgage shall he deemed to have been given to Borrower or 1 ender when given in the manner designated herein. tip c� IS. Uniform Mortgage:Governing Iaw;Seserabilily. This form of mortgage combines uniform covenants for nalional n - ,``" use and nonuniform covenants with limited variations by jurisdiction to constitul•a uniform security instrument covering ` real property. This Mortgage shall be governed by the law of the-jurisdiction in which the Property is located. In the y event that any provision or clause of this Mortgage or the Note cnn0icls with applicable taw,such conflict shall not aged �I •' Nd other provisions of this Mortgage or the Note which can be given effect without the conflicting provision. and to this k rfi end the provision%of the Mortgage and the%ate are declared to he severable. i;t 16. Borrower's Copy. Borrower shall he furnished a conformed copy of the Note and of this Martgage at the times y^: of execution or after recordation hereof. €c� t6"- 17. Transfer of the Property:Assumption. If all at any part of the Property or an interest therein is sold or transferred 1 i Wipjs by Borrower without Lender's prior written consenl,excluding(a)the creation of a lien or encumbrance subordinate to may,,. this Mortgage.(b)the creation of a purchase money security interest for household appliances. (c) a transfer by devise. . descent or by operation of law upon the death of a joint tenant or kb the gram of any leasehold interest of three years or hiss not containing an option to purchase.Lender may,at I-ender',option,declare all the sums secured by this Mortgage to be yes' immediately due and payable ' Nmd•�uunst('use s%sis lh-in-vt.and I ender lusher cm6i.utt and.agree as follows: a Ill. Arceleraiin is Remedies. F.scept as provided in paragraph 17 hereof,upon Borrower's breach of am'covenant or agreement of&rtrnerr in this NInrlg.iL•r,10\liidallg the d'la\Cilaiil•it,pat when duo am sums secured be this Mortgage.Lender all Lender'atiption may declare all of the sums secured by Ibis Mongage to he immediately due and payable without further demand and Lender may invikr the ti Ltl('I ORV P(rit Fit OF SALE and•any other remedies permitted by applicable law, Lender shall he entitled to collect all reasonable costs and espcn%es incurred in pursuing the remedies provided in this paragraph 18.including,but not limited to,reasonable altorney's fin. tit, fit o-v If Lender imukrs the tit A fl-1 ORl'POtPh:R OF SALE,Lender shall mail a copy of notice of sale to Borsnwer,and iflhMas _ 4, to any other per,tm required by applicable law,in the manner pro,idrd by applicable law. Lender shall publish the notice of j+tt Alt t { use and the Property shall be said in the manner prescribed by applicable law. Lender or Lender's de6ignee may purchase f qp ° the Property at any sale. 'the proceeds of the.ale shall be applied in the following order:(a)to all reasonable costs and jhttf c fir. expenses of the sale,including rea,ortable attorneys fees and cods of title evidence;(b)to all sums secured by this Mortgage. • �, - and(c)the excess,if any,to the person or persons kzaily entitled thereto. 19. Assignment of Rents; Lender in Possession. As additional security hereunder. Borrower hereby assigns to cfi .Lender the rents of the Property. provided that Borrower shall, prior to acceleration under paragraph 19 hereof or 'tjc� 3T c t� abandonment of the Property,have the right to collect and retain such rents as they become due and payable. ;.. Upon acceleration under paragraph Ig hereof or abandonment of the Property.Lender shall be entitled to enter upon, take possession of and manage the Property and In collect the renl,or she Property including those past due. All rents l iry+y,� collected by Lender shall be applied first to payment of the costs of management of the Property and collection of rents, i'tt,�l I a> +' including,but not limited to,reasonable attorney's fees,and then to the sums secured by this Mortgage. Lender shall be a.. liable to account only for those rents actually received. 4I4jNd 4 20. Future Advances. For the purposes permitted by applicable law and upon request of Borrower.Lender,at Lender's, its ` i option prior to release of this Mortgage,may make Future Advances to Borrower.Such Future Advances,with interest thereon, t) w { shall be secured by this Mortgage when evidenced by promissory notes stating that said notes are secured hereby. At no tit= ' shall the principal amount of the indebtedness secured by this Mortgage,not including sums advanced in accordance herewith f to protect the security of this Mortgage,exceed the original amount of the Note plus US$.............................. i •: a --- --- _--------------- �i.�� "g s � i t 50OKS 28pa V2 r YL Release. Upon payment of all sums secured by this Mortsase.Len ler shall discharge this Monsap without coat to botmwer. Borrower shall pay all costs of recordation,if any. IN WITNESS WHEREOF,Borrower has executed this Mortgage under seal. t WASHINGTON FARMS LIMITED PARTNERSHIP Geor Tobey, Ge r artner �one..r q. ..................................................... 4 .. 06a111aOtrMPALTi1 of MdssntxuseT-rs,...Barnstable ... .. ......County a: �.;.;.. On this....25th.....day of...April.......1988..,before me personally appeared. ...Wr9e.L.J0.V%.GenerP.1 Partner..................................................:an and acknowledged the foregoing to be..h J 5...........free act and deed. ' My Commission expires: 2/8/91 �!i� ��• :/• a Notary►uNic - .`- GERALD S. GARNICK w A >~.t taaa4 Dole.TW lire ae.w.aa For larder wW Remdel J. 5f s= BOAMPAGE 173 ' EXHIBIT A f 1 The land together with the buildings and other structures now or hereafter placed thereon (hereinafter called the mortgaged premises or "the premises") in BARNSTABLE (West Hyannisport), Barnstable County, Massachusetts, being described on a ( t subdivision plan of land entitled, "Washington Farm Estates Subdivision Plan of Land, Barnstable, Massachusetts (West Hyannisport), Washington Farm Estate Realty f Trust, April 21, 1980, Scale: 1" - 50', Down Cape Engineering, Route 6A. Yarmouth, Mass.", said plan being duly recorded in the Barnstable County Registry of Deeds + , in Plan Book 374, Page 72, being described as the following parcels: )' k. I. LOTS 1-25 inclusive, as shown on the above-described plan. ]� T II. LOTS A,B,C E D as shown on the above-described plan. Said lots are subject to the restrictions that they are not to be used for construction of residential dwellings. Lot B is also given subject to a 12 foot wide right of way running in an easterly-westerly direction from Tobey Lane to Lot 26 . 'k4i4 - as shown on said plan. III. All of the fee in the ways shown on said above-described plan. The above described parcels are conveyed together with the right to use the thirty ` (30) foot private way as shown on said plan in common with all others entitled thereto and to be used in the same manner as all ways in the Town of Barnstable. Said right of way is also shown on a plan recorded with said Barnstable County Registry of Deeds at Plan Book 292, Page 71. ' + I The above-described parcel is subject to any and all restrictions as specified ' a on the above-described plan, or restrictions of record. } ' For title. see Deed of GEORGE T. TOBEY to LAWRENCE S. TOBEY, said Deed being w E, recorded in the Barnstable Registry of Deeds in Book 632. Page 307. and Deed of LAWRENCE S. TOBEY, recorded in Barnstable County Registry of Deeds in Book 3790, Page 321. ' Subject to and with the benefit of Washington Farms Estates Homeowners Association a t, Covenants and Restrictions dated July 1. 1983 recorded with the Barnstable County { ?" Registry of Deeds in Book 3790, Page 322. For title to Lot 2 in the above-described .subdivision plan. please see deed of Anthony J. Anzalone et ux recorded herewith. 4 'RECORGED APR 26 88 :�i'r-t • t• . .� . , BPs08779-0299 93-09-1S 12:38 #S5097 :38 #S5094 COMMONWEALTH OF MASSACHUSETTS LET JUDGMENTISSU breach� xr, COURT an of =.' DEPARI OF.= TRIAL COURT y justice. -. ' hall have - tt Barnstal� :; ,. Case No. uments p ;LMNT TO FORECLOSE MORTGAGE �� PLAIN ;• _....City or Town be under, - � �; � R of an - Name .of:Residence_ y '.. eneuil Advisors, Inc.,T�iitree.of tee that Collateral Liquidation Trust. under 1th. Eve .declaration of trust dated September 22;,•1992, Boston, MA ' fecorded with Barnstable Country Registry of ng t0 the Deeds in Book 8340. Page 43, as amended, of - + record DEFENDANT. or Town Interest lent of the ...,,,.CityR Nameof esidenc e n relying Ceorge T. Tobey, General Partner Befrnateble. MA Owner of record ,rg 4 Washington Farms Limited Partnership. a, 4ri ,Massachusetts partnership Barnstable. MA Owner of record Trustees', Albert L. Grace Anna D. race Barnstable. HA Owner of record the Same 'G Barnstable. MA Owner of record ay y alwa s , ring from has beenri ` s 1. Your plaintiff is the.-owner(oar assignee) and holder of a mortgage with the statutory POwer of We given by George.T. Tobey, General Partner of Washington Farms nce of �� —- _ Limited Partnership rustees t6 Sentry Federal Savings Bank St. .". � "•' =_ '� dated April 25, 1988 recorded at Barnstable Re istr ten. �� 8 Y pf Deeds Book 6228 Page 169 covering* Land off Craigville Beach Road, West Hyannis Port MA „• �£� (street-and number) (and city or town) bg and more particularly described in said mortgage. - - 41) COURT USE ONLY ` JUDGMENT and Under the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, this LL cause came on to be heard and thereupon, upon consideration thereof it appearing to the d deed, _> 21, V Court that the record owner is not entitled to the benefits of said Act, it is a ORDERED and ADJUDGED that the plaintiff be authorized and empowered to make an entry and to sell the property covered by the mortgage as set forth in this complaint in accordance with the powers contained in said mortgage, Alli By the Court. A TRUe COPY Attest: ATTEST. (SEAL) Jeanne M. Maloney PmY De Recorder ��* TiOTEs Wherever the singular is used herein, it $hall be pj ' deemed to mean and inolude.the plural whom appl'tcab>! 1HHSTABLE-AEGISTRY OF DEEDS f OF DEEDS ., •A metes and bounds description of the property is not necessary. 4' zw BP�Gl3?79-G300 93-09-15 1��3 -3 55093 _ a We hereby certify that on the day of August, 1993, we were present and saw James K. Hegarty, Treasurer of Faneuil Advisors, IQs. Inc., Trustee of Collateral Liquidation Trust, the present holder and assignee of a certain mortgage given by George T. Tobey, as the S �. General Partner of Washington Farms Limited Partnership, a tx � Massachusetts limited partnership, to Sentry Federal Savings Bank, a corporation organized under the laws of the United States of America, said mortgage dated April 25, 1988, recorded with r j, Barnstable County Registry of Deeds in Book 6228, Page 169, make an '� open, peaceable and unopposed entry on the premises situated at Tobey Way, West Hyannisport, Barnstable County, Massachusetts, described in said mortgage, for the purpose, by him declared, of foreclosing said c : mortgage for breach of conditions thereof. Said entryr was made before the sale under the exercise of the Po er of Sale in said r mortgage. Pau E. Saperstein W. Mailtanne Sullivan `\ COMMONWEALTH OF MASSACHUSETTS �+ Barnstable ss. T August , 1993 Then personally appeared the above-named Paul E. Sapers ein and `} Maryanne Sullivan and made oath that the above certificat y them ,~^ ` subscribed is true, before me -- ,`9 '$' , Not bli My c m iss ex Tres: d REY I. MANN, Notary Public My CommlSSion Expires May 28, 1998 ,y N 19 at o'clock and minutes M. Received and entered with Deeds, Book Page and reference made, as by law required. . '_" : Attest: BARNSTABLE REGISTRY OF DEEDS Register tf �. X .Y 'PAL a �G 1.4 Al N F- -030i 93-09-15 12:38 #55099 .� RORECLOSM DEED � ,tea i• ¢ y' ,n. FANEUIL ADVISORS, INC., .Trustee of Collateral Liquidation Trust, under a Declaration of Trust, dated September 22, 1992, recorded with , >� f the Barnstable Registry of Deeds in Book 8340, Page 43, as amended of record, a Massachusetts corporation with its usual place of business i r o at 655 Summer Street, Boston, Massachusetts 02110, the present holder of a mortgage, Nt from GEORGE T. TOBEY as the General Partner of Washington Farms } Limited Partnership, a Massachusetts limited partnership to Sentry Federal Savings Bank, dated April 25., 1988, recorded with the Barnstable Registry of Deeds in Book 6228, Page 169, by the power os, conferred in said Mortgage and every other power for $200,000.00 ;.- dollars paid, grants '' F = to JOSEPH F. COYNE, Trustee of W.F. Realty Trust, under a declaration of trust dated August 17, 1993, to be recorded with the Barnstable Registry of Deeds herewith; its usual place of business at i 655 Summer Street, Boston, Massachusetts, the premises conveyed by said mortgage. by 877 " Witness the execution and the corporate seal of said corporation this •6,5 day of August, 1993, Zoe k� .� FANEUI VISORS, INC. ..v - Trusts oll teral Liquidation . .,. Trust t � --- by s Frank L. Viola, President - For authority seecb w Vota filed as o o a ,,; Document No. 589,752 i "errs. Barnstable Registry m w°; 2>.. District of Land Court cn � O N Uj o Ace01 COMMONWEALTH OF MASSACHUSETTS -w . .ks Suffolk, ss. August , 1993 ? wax Then p ersonall appeared the above named, Frank L. Viola, p y - President as aforesaid, and acknowledged the foregoing 1r� !rument to - .rr be the free act an deed of FANEUIL ADVISORS, INC., `Prust�e'o�„.•�""""' Collateral Liquidation Trust, before me ......... r , ., pp�``,, ,. .y, y r y1^y Notary Publl ,; .F J` �ii nt•n+1'��./1. _J �� �e. My. commission xpi as: �rLill ✓u rc.i y. r 1. �{G r 4 n BPoOB779-0302 93-09-15 12:30 fssog9 c AFFIDAVIT ^ I, FRANK L. VIOLA, Presedent 3 of Faneuil Advisors, Inc., Trustee of Collateral Liquidation Trust, ` named in the foregoing deed, make oath and say that the principal, ' interest and taxes mentioned in the mortgage referred to were not paid or tendered or performed when due or prior to the sale, and that I published on the 7th, 14th and 21st day of May, 1993, in CAPE COD TIMES a newspaper published or its title ` p y page purporting to be Y�= published in Hyannis, and having a circulation therein, a notice of :� which the following is a true copy ' SEE EXHIBIT "A" ATTACHED HERETO I also compiled with Chapter 244, Section 14 of Massachusetts General Laws, as amended, by mailing the required notices, certified mail, = return receipt requested. ¢= And I further depose and say that at the time and place appointed.-in -- said notice, said sale was adjourned until August 7, 1993 at 1.1:06 a.m., at the same place, and due notice of said adjournment was..given. by public proclamation then and there made by the Auctioneer;<•and .1 F further depose and say that at the time and place appointed ip;said notice, said sale was adjourned until August 18, 1993 at 11:00 a.m. , at the same place, and due notice of said adjournment was giveniy,. ' public proclamation then and there made by the Auctioneer. " Pursuant to said notice at the adjourned time and place therein appointed, FANEUIL ADVISORS, INC., Trustee of Collateral Liquidation Trust, sold the mortgaged premises at public auction by Paul E. Saperstein, an auctioneer, to FANEUIL ADVISORS, INC., Trustee of :. Collateral Liquidation Trust above-named for $200,000.00 dollars bid by said FANEUIL ADVISORS, INC., Trustee of Collateral Liquidation1 * , Trust, being the highest bid made therefor at said auction; and the said Faneuil Advisors, Inc. , having assigned its interest in the Mortgagee's Sale under the foreclosure to Joseph F. Coyne, Trustee of W.F. Realty Trust, under a declaration of trust, dated August 17, 1993, has directed that the premises be conveyed directly to said £ • Joseph F. Coyne, Trustee, as is evidenc the assignment of bid to " be recorded herewith. r by: luFrIank L. Viola, Presiden • f 1. as aforesaid Signed and sworn to by Frank L. 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ASSIGNMENT OF FORECLQ9= BID �y A FANEUIL ADVISORS, INC., as Trustee of COLLATERAL LIQUIDATION TRUST, under a declaration of trust, dated September 22, 1992, e3; recorded with the Barnstable Regsitry of Deeds in Book 8340, Page 43, as amended of record, a Massachusetts corporation duly established under the laws of the Commonwealth of Massachusetts and having its usual place of business at 655 Summer Street, Boston, Suffolk County, Massachusetts, for consideration paid, hereby assigns to Joseph F. Coyne, Trustee of W.F. Realty Trust, under a declaration of trust, > dated August 17, 1993, to be recorded herewith, said Trust having a mailing address of 655 Summer Street, Boston, Massachusetts, all of its right, title and interest which it acquired as the successful . bidder at a foreclosure sale of a mortgage given by George T. Tobey as the General Partner of. Washington Farms Limited Partnership, a Massachusetts limited partnership to Sentry Federal Savings Bank, dated April 25, 1988, recorded with the Barnstable Registry of Deeds in Book 6228, Page 169, which mortgage premises was sold at a y foreclosure sale at public auction on August 18, 1993 to us as the � - highest bid for $200,000.00. r } . tf EXECUTED AS A SEALED INSTRUMENT this .tS day of August, 1093 • FANEUIL ADVISORS, INC. F r} Trustee of COLLATERAL LIQUID TRUST �. by: Frank L. Viola President r. COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. August ,ZS , 1993 �. Then personally appeared the above-named FRANK L. VIOLA, . President, as aforesaid, and acknowledged the foregoing instrument to be the free act and deed of FANEUIL ADVISORS, INC bef ........... ,, .a„ No ub ia's , . My Comm sio� tco b BARNSTABLE REGISTRY OF DEEDS F: Y a 4 z mar Ilium p t j BP=09048-0270 94-02-14 12:20 #09398 , I, Joseph F. Coyne, Trustee of W.F. Realty Trust, under a declaration of trust dated August 17, 1993, recorded in the Barnstable Registry of Deeds in Book 8779, Page 296 with a place of # business at 655 Summer Street, Boston, Suffolk County, Massachusetts z in consideration of ONE HUNDRED AND SIXTY-SIX THOUSAND FIVE HUNDRED > DOLLARS ($166,500.00) grants to Funding Services, Inc., a Massachusetts corporation with a place �N of business at 1600 Falmouth Road, Suite 3, Centerville, `1 , p� Barnstable County, Massachusetts. Z The land together with the buildings and other structures now or `, k, Q hereafter placed theron in BARNSTABLE (West Hyannisport) , Barnstable County, Massachusetts, being described on a subdivision plan of land entitled, "Washington Farm Estate Realty Subdivision Plan of Land, Barnstable, Massachusetts (West Hyannisport) , Washington Farm Estate ' Realty Trust, April 21, 1980, Scale: 1" a 501, Down Cape Engineering, 5 Route 6A, Yarmouth, Mass.", said plan being duly recorded in the " Barnstable County Registry of Deeds in Plan Book 374, Page 72, being described as the following parcels: 4 I. LOTS 1-25 inclusive, as shown on the above-described plan. I1. LOTS A,B,C & D as shown on the above-described plan. Said lots are subject to the restrictions that they are not to be y► used for construction of residential dwellings. Lot B is :.. { (1� also given subject to a 12 foot wide right of way running in ,U a easterly-westerly direction from Tobey Lane to Lot 26 as IF- shown on said plan. � � ;. III. All of the fee in the ways shown on said above-described s a plan. _ The above described parcels are conveyed together with the rights, to use the thirty (30) foot private way as shown on said plan in " common with all others entitled thereto and to be used in the same manner as all ways in the Town of Barnstable. Said right of way is also shown on a plan recorded with said Barnstable County Registry of Deeds at Plan Book 292, Page 71. +- t z S wk T a a. i� s r .. .I EP,09048-0271 94-02-14 12s20 909393 The above-described parcel is subject to any and all restrictions j as specified on the above-described plan, or restrictions of record. i Subject to and with the benefit of Washington Farms Estates ; Homeowner's Association Covenants and Restrictions dated July 11, 1983 recorded with the Barnstable County Registry of Deeds in Book 3790, Page 322. j Subject to all tax titles, municipal liens and real estate taxes Being the same premises conveyed to me by foreclosur eed dated August 23, 2993, recorded with said deeds in ook 877 Page 301. Executed as a sealed instrument th 3 da of February, 1994. 4t Joseph Coyne, Trustee as aforesa and not individually rI THE COMMONWEALTH OF MASSAC USETTS jI )�Ik Suffolk ss. A February ilk , 1994 Then personally appeared the the above-named Joseph F. Coyne, � 1 Trustee as aforesaid and acknowledged the foregoing instrument to be his free act and deed, y( Before me, Notary Publ n ,VJA V My commiss ei f.1 'C� llo p� i 1 h• I,f I �� co j {A q ,,, ,.,,• 6 • .1 X �` ��„��� a ` I� sj � � 5 BP:09320-0036 94-08-12 11,33 948505 FUNDING SMVIC88, INC., a Massaohusetta COr of 1600 Falmouth Road, P.O. Box 349, Centerville, Ma�sachusotts ` 02632, for nominal consideration of lees than One Dollar 4$1.00), hereby grant to NANCY WANOOG, FARMS OPEN SPACE Trustee of WABHINGTON TRUST, under declaration of trust detad April . 25, 1994 and recorded herewith at Barnstable County Registry of Deeds in Book i3aa g =n � Pa a U vt WITH QUITCLAIM COVENANTS i zThe parcels of land with any buildings thereon situate in # . 4 < Barnstable, Barnstable County, described as follows; Massachusetts, being further Being LO B C = °JII "Modi on a plan of land entitled,fication of Definitive Plan: Exr. in the Town of 'Hashiagton Farm Esteteet, A ; ��lY i ort, Barnstable, mA, prepared for Funding services, Inc. ecalat 1" , 50' date: •.April 4, Revs April 22, 1994 drawn by down n S''o S, page is. ape engineering, Inc. ~Y 3 recorded at Barnstable County Registry of Deeps in Plan Book ; ^ For grantor's title, see deed recorded at Barnstable "1 County Registry of Deeds at Book o4 , Page 17(? IN WITNESS WH$REOF the said FUNDING &ERV=CBg, INC. n . d has Caused its Corporate Baal to be hereto affixed and these al presents to be signed 'in its name and behalf by Nancy Manoog, � o its President and Treasurer, this 1 day of April, 1999. FUNDING SERVICES, INC_ B-t yy anoy Manooq — xta President 6 Treasurer " F COMMONWEALTH OF MASSACHUSETTS c", w Barnstable, as April 25, 1994 Then personally appeared the above-named Nancy Manoog - President and Treasurer of Funding Service Inc, acknowledged the foregoing instrument to b e C rporati free act and deed aforesaid, before m " `�`��uwtunupn„ fr Notary blic saf4 � s IL , My -Commis n expires: ; c•aa r+ �� , - Y Cicmmluio - - n Expires Sept 16019i BARNSTAB lE REGISTRY OF OEEQS i liVnT�jrli�r ?.tN^f v .i •n.u. rT.ha frf...FDI +r•}; x ; rw+x� � to �s..,,• �r " J Easterly Abutter Title History Map 246 Parcel 81 71 Tobey Way 1922 George T. Washington to Hanson Washington Book 386 Page 301 i 1932 Hanson Washington to Jessie Washington Book 491 Page 79 1963 Estate of Jessie Washington Docket#40193 1965 Estate of Cleo V. Baker(daughter of Jessie) Docket# 52041 1973 Estate of Hanson Washington(husband of Jessie) Docket# 1977 Hanson E (son)&Jessie B. (daughter)to Edna F. Anagnos(d) Book 2548 Page 78 1977 George L(son) Washington&William Baker(Cleo's H) to Edna F. Anagnos Book 2548 Page 79 1983 Edna Anagnos to herself&Francine D. Gomes Book 3659 Page 53 1990 Edna&Francine to themselves as joint tenants Book 8934 Page 163 1996 Edna&Francine to themselves and Leo H. Anagnos jt ten Book 10279 Page 79 2000 Leo H. Anagnos to Francine Gomes Book 12876 Page 27') 2002 Francine Gomes to Francine B. Gomes Revocable Trust Book 15742 Page 158 No record of a death for Edna Anagnos at Barnstable County Registry of Deeds � V"t .qw A,4�a.,-4.Oc'V.L.� Gwt.Q��o�a.rat.a..c�r2c-L.IU�n-ac-c�/ aa.. „ d " GO OVL /Q,�,d� d- IR,� a.J.a.G d.,,,,,, a•"t""> . /0, � i � •C�n.G�. - �Cr'vtt.v+.cI.A.G�.C�.o_ - XDvvv�,wc.p�,t• ,�,,��;' �_ ` I CNrvvLQJt G nQ7J��. ,.v;L .0 c- ,.cL i OFF .�,•� L�V,ta.�wu�. n�vuw ci Q. 4a± v1.�C.,.tirr.�t. �,�, ,I=4. .,Q•+-�,Q.a,�oC. z3) V0,cL e I r-a_�,,,cr�n, .•Q.cl,- d_ cC FAAA Nj L C pM AALU /.�/ Y IVr WV� WVWY�,,.�I vF.� IW SC•i..LK: Icys,,}} �.vw0� -�Vl�l��0.�a✓v�. OZ..G�P/i_.C�Lti 'W�.�nn.iL1'WL �n V•�y:� F'ro I \Y v /✓✓W`{�✓KNLV�.f./WV ✓VY.W4.Y_Vr�• CV1 A..a}_ n JIL S s. `t/vi. _,z.fie. roc A:- ht L JL S S. I�c Q.,. o- -L oL �v1.ova c. 2 0, l 9 2 2, o,,"/- It.Q /dl¢.a VL dL . clu i �°.�?..�.t Mgt l��1 a.¢.G,�. Q,�,� ✓�.� i� . ; lU �L1.vf. ,,4VL �_ /{,(J J".//////jj((II//• } .. �D �,,L .. . c�.�t.,�. �(j an,o� (�T�w� U CIA, t a e' CLa CLU 1p1 C'a.� �-v,.�,�.el�.eL mti. l) ,a: 4 � D�p .wea.t l,l:, 79 F� N. ,. c: -fii, right of gray for ordinary vehicles to and from .the macadam road. Being the same premises conveyed to me by deed of R. Dudley Hawley dated May 24, 1921 .��•yth y fit,.` and recorded with Barnstable County Deeds, Book 379, Page 223. This mortgage r1 statutory . any mortgagee shall Is upon the statuto condition for breach of which the� n?{ have the statutory power of sale. I, Edson L. Ford, husband of said mort- gagor release to the mortgagee all rights of tenancy by the ourtesy and other �.; interests in the mortgaged�, ���T�,•., premises. witness our hands and seals this llth day of August 1932. Augusta C. Ford (LS) Edson L. Ford. (LS) k M r ryas? �: The Commonwealth of Massachusetts Barnstable as. August 11, 1932. Then personally appeared the above-named Augusta C. Ford and Edson L. Ford and acknowledged the foregoing instrument ,K a{ to be their free act and deed, before me, Percy F. Williams Notary Public 1 � Nxt'i My Commission expires November 7,1935. ' Barnstable,as. Received August 16, 1932, and is recorded.--------------------------------------------------------------------------------- '•' tat I, Hanson Washington, of Barnstable, Barnstable County, Massachusetts, being married, for consideration paid, grant to my wife, Jessie Washington, of said Barnstable with quitclaim covenants the land in said Barnstable, with the buildings thereon, near the house lot of George T. Washington on the west side of and off from the road leading from Hyannlsport to Craigville, bounded as follows: Commencing at,,the northeast corner of the granted premises; 6 thence running southwardly by land of George T. Washington two hundred twenty- three (223) feet and seven (7) inches to land now or formerly of Joseph A. qU.,;,,, Baker; thence westwardly by said land of Baker one hundred ten (110) feet six (6) inches to land of Josephine L. Lewis; thence northwardly by said land of Lewis two hundred twenty-three (223) feet seven (7) inches tb land i t of said George T. Washington; thence eastwardly by land of said Washington one hundred eight (108) feet to the _first mentioned bound or place of begin-. # fffl � r; ning. Containing an area of about ninety square rods be the same more or t lees. Together with a right of way from the said Hyannisport and Craigville k « t" Road to the granted remises. Being the same F p ng premises conveyed to me by ti deed of George T. Washington dated March 14 ' 1922 recorded with Barnstable 8 ng . � Deeds in Book 386, Page 301. This conveyance is made subject to a mortgage k; given by me to the Sandwich Co-operative Bank dated February 21, 1925, recorded as aforesaid in Book 415, Page 566. Witness my hand and seal this' ` �r3N 15th day of August 1932. Hanson Washington t• �' ,i The Commonwealth of Massachusetts i 01 � Barnstable as. August 15, 1932. Then personally appeared the above- named Hanson Washington and acknowledged the foregoing instrument to be his free act and deed, before me Robert S. French Justice of the Pea ce My commission expires Dec 7 1834 k Barnetable,es. Received August 18, 1932,, and is recorded. .r fit; I, George E. Lake, Junior, of Chatham, Barnstable County, Massachusetts, . t w+. being unmarried B , for consideration paid, grant to Nellie M. Smith of Chatham, �, g M. COMMONWEALTH OF MASSACHUSETTS TO THE HONORABLE THE JUDGE OF THE PROBATE COURT IN AND FOR THE COUNTY OF BARNSTABLE: RESPECTFULLY represents ...........Hanson...Washing.t.on....................................................................... of ..........................Barnstable....(Hyann.i.$.)...............in the County of ............Barnstable......... . that .......Jessie: :Belle Washington ............................................................................................ who last dwelt in .......... staDlej {West-Hyannis..Port.)........................... in said County, diedon the ...........14-th........................................... day of ........................Qc.t.ob.er..................... 19 63. intestate, possessed of goods and estate ...........:....................................................................................................... remaining to be administered, leaving a—z Ub2'T— husband, whose name is .................................. and as h er only heirs-at-Iaw and next of s~: kin the,persons whose names, residences and relationship to the deceased are as follows:- NAME RESIDENCE RELATIONSHIP ✓..Hanson...Wash.Lngtor�:::.Paasant Lane, Hyannis,. Mesa. husband= Pearl. C. Loatman, 14 Hir.ame . Rd.-, Hyannis , Mass daughtler. ......................... ............................................................. ........................................................:................................ v ..Edna...F'......JWagnos..,....264...Hinckley...Road,....Hyamla,...Mass............................dau.ghter', _ J .Hanson...E....Washington:,,...49.?....Je111.f...Ave...,...Newark,......N......J....................son J ..J.essie...Berni.ce...Waskington,._.Wes.t..Hy.anni.s...Por.t,...Ha.s.$..........................dau.ghter. d .-C.leo...V.....Bak.er..,....We.s.t...Hyanni.spPor.t.,...Mass.......................... .................................daughter George...L....Washington......Hi.nckley...Boa d,...Hyan Kam ....................I.....s.o.n....... .............................................................................................. ..................................... ..................................................... that your petitioner is ......the. hus.bpnd...o.f....the....de.ceased............................................... G.... ....................................................................................................................................:..................................................... ............................ ....................................................................................................................................................... .............................. ............................:.:............................................................................:............................................... Wherefore your petitioner pray 5 that hey may be appointed administrat or.......... of the estate of said deceased without giving a surety on h is bond. .............................................................. y ...............:...................:.......................................................:..................................................... ............................... ................................................................................................................*'*"*....................*'*'*'.......................................... and certif ies under the penalties of perjury that the statements herein contained are true to the best of h is knowledge and belief. Dated this .........� .. .14......:... day of ...-.--..^'.`'J.. ... ✓............................. 19 � wrf�t................ , :y v : 4 Street & No. ...Ple.asant...Lan.e.,....Hyannis.,...Mass......................................................... The undersigned, being all persons interested in the estate, who are of full age and legal capacity, other than creditors, and the guardians of persons interested therein, hereby consent that the abov -named petitioner be exempt from giving any surety on h is ond. (:-2, .. ....�................ ........... ......... �� ...... ........, . .........:.. .: ............. ..... ..... ............... ,A,.---vv. .. .....X, / .................. ... 500-3-15-62 / � v � a i r 4 - - SCHEDULE OF PERSONAL ESTATE IN DETAIL (Continued) Cts. Dolls. Cts. 0 0 5 0 0 , 3 . 0 SCHEDULE OF REAL ESTATE IN DETAIL 1 . Land together with building thereon in Barnstable ([lest Hyannisport ) , Barnstable County, Massachusetts , 6 Assesment 1963 Land 5A $250. 00 Dwelli.n.g $2 ,450.00 Total $2 , 700.00 Market Value $4 , 850 00 Jar` _ A.C. 2 'COMMONWEALTH OF MASSACHUSETTS TO THE HONORABLE THE JUDGE OF THE PROBATE COURT IN AND FOR THE COUNTY OF BARNSTABLE: EDNA FRAN03S ANAGNOS RESPECTFULLY represents .................ID NA ........................................................................ of .......................(Hy ap4 B-ar-ns-t-ab-le........................... in the County of ............Barnstable................ that, ...........I.MNSON WASHINGTON ...................................................................................................................I......I.............. ........... who last dwelt in ....... Hyannis port) Barnstable . . .....p......................................................................................... in said County, died on the ..............................fifth ... day of ..September....... ....... ..... ................... ................................. 19 73 intestate, possessed of goods and estate ................................................................................................................. remaining to be administered, leaving x—no—widow— ............;....................... ...........I.................................................................................. and as his only heirs-at-law and next of kin the persons whose names, residences and relationship to the deceased are as follows:- NAME' RESIDENCE RELATIONSHIP Edna.- Francts AnagnpA................... is.. - ..................��4m4�. ...Frances. .... ..!N..;�itphe . i�r .... .......4.. .. Wv.,.J�y4ppir. Jesse Bernice Washington �7annis..p.q�ft,..n... daughter.q�A.............. ............... ............I....................... .I............. .... ....... Hanson- Edward Washington..............W? .................P.94.......... .................................................... .....Ge.oxg.e.. ........... ............................... ......... ............................................................................................... .......................................................................................... .................................................... ........................................ ... .............................. ............................................. .......... ............. ............................................................................. ................................ .......................................................... ...... . ............................................... ........................................................................ ................................................... that your petitioner is ......the..daughter...of...the..deceased................................................................ . 0:............... .................. ......................... ............ ............ ........ ........................................................................... ...... . .............. ..................................................... ........................ ................................................................................. ................................................... ............................................ .................................................................. ....................... Wherefore your petitioner pray that :he may be appointed administratrix.............. of the estate*of said deceased without giving a surety on her bond. ....................... .................................... ....................................................................................................................................................................................... ............................................................................................ ...................................................................... ..........I.......... and certif ies under the penalties of perjury that, the statements herein contained are true to the best of her knowledge and belief. Datedthis ............................................................ day of ....QQt.Q.be.r...................... ............. 1973 Street & No. .....1.04.11it.c.hell.ls...Way.. ......................... Hy.annis,1A......7.... . . ......... The undersigned, being all persons interested in the estate, who are of full age and legal. capacity, other than creditorsi and the guardians of persons interested therein, hereby consent that the above-named petitioner be exempt from giving any surety on her bond. ... ........ ......... ....... V . ... .... . .... . .... ........... ... ............. ... ...... . .... ......................... ..... ..... .Q 500-6-1-73 A.C. 1 COMMONWEALTH OF MASSACHUSETTS TO THE HONORABLE THE JUDGE OF THE PROBATE COURT IN AND FOR THE COUNTY OF BARNSTABLE: RESPECTFULLY represents ...........W.),b b.I.AM,-.BAKE R of ...,,.Ba.rn.s.tab l e (Hy,ann i.$) ................................... in the County of .........B.a.rn s ta.b l.e........: that ..............................................CLEO...V...:..BAKER.........:. i who last dwelt in .....B,a,r n s t a b 1 e (Hyannis ) ............ in said County, diedon the ..............l.2.t.h........................................ day of ..............Ma. 1965 y. intestate, possessed of goods and estate .................... ........................................................................ ................. remaining to be administered, leaving a--41XX* 66w—husband, whose name is ......................... ....................W.i..l.l.i..am.....BAke.r....................................., and as h e r only heirs-at-law and nest of kin the persons whose names, residences and relationship to the deceased are as follows:- NAME RESIDENCE RELATIONSHIP William...Baker......:..:.......:..598...:P.i.t.�.he.rs. .Wa.Y....-...........:.....:.. husband` i .......................................................... i s, Massachuseats ...............................................:.................................................................. .............................:......................................... Han.s.on.... as.Was -n.g.ton.....................:............................... ..... ................................: who.;.d,i...... e.P.t.em.b.e.r..:.5..,...a.97.3....a....r.es.i.de.n.it....a.f...::....................:.........::. Barnstable. . . . ......Ba rn.5.tab 1.e....P.roba.t.e....C.a.s.e...9.99$.:..:.........:....:..::.............. ............................. ............................................................................................. ......................................................... that your petitioner is .........the...h.54and...of....the....dec.C.d.ent........:.:....:................................... ..... ........................................................................................ .............I........ Wherefore your petitioner prays that he , or some other suitable persons, be appointed . administrat .o.r.:....... of the estate.of said deceased, ..... ..:....:.: .. ................... .I............... .. ................................................. and.certif i e s under the penalties of perjury that the.statements herein contained are true to the best of h i s knowledge and belief. Datedthis ........................'.................................. . day of ..................M a-r c h..:........... . ...... ..... 1975 . : 1 l'U....... .................... 2,/ >.......... i Street & No. ..5.9.8....P.i..t G he.r..s....Wa.y.........: ..... ................................................................ The undersigned, being all persons interested residing in the Commonwealth, who are of full t age and legal capacity, hereby assent to the foregoing petition. ...................................................... ........... .......................................................................... .......................................................................... 509 Z-15 72 ........................................:.................................. .. SCHEDULE OF PERSONAL ESTATE IN DETAIL (Continued) ' Dolls. Cts. I I I i i I � SCHEDULE OF.REAL ESTATE IN DETAIL . . 1 . An undivided one-ninth interest in and to the real -estate of the late Jessie Washington , off Craigville ` Road, Barnstable (West Hyannis Port) , Massachusetts , more particularly described in deed recorded in Barn- stable Deeds , Book 491 , Page 79, being a single- ..family dwelling on about .9 acre of land . For title see estate of Jessie Washington , Barnstable Probate No. 40193 . 3 000 00 1 We, HANSON E. WASHINGTON and JESSIE B. WASHINGTON, both of Barnstable, ; . (West Hyannisport), aocK 2548 Sul 078 18132 Barnstable County,Massachusetts. In consideration Of Two Thousand ($2,000.00) Dollars grant to EDNA F. ANAGNOS of '94 Enterprise Road, Hyannis, Barnstable County, Massachusetts the land in Barnstable (West Hyannisport), Barnstable with y,it to°rt�sn- assac u- • setts, being more particularly bounded and described as follows: the land in said Barnstable with the buildings thereon, near the house lot of George T. Washington on the West side of and off from the road i;.•:: j leading from Hyannisport to Craigville, bounded as follows: Commencing at the NORTHEAST corner of the granted premises; thence running Ic.... SOUTHWARDLY by land of George T. Washington, 223 feet and fly " 7 inches to lAnd now or formerly of Joseph A Baker; thence fit•" 14ESTWARDLY by said land of Baker, 110 feet, 6 inches to land now or formerly of Josephine L. Lewis; thence NORTH4IARDLY by said land of Lewis, 223 feet, 7 inches to land of said George T. Washington; thence .; EASTWARDLY by land of said Washington, 108 feet to the I first mentioned bound and place of beginning Containing an area of about 90 rods of land, be the same more or less. ,.;..• i The above described premises are conveyed subject to any real estate taxes owed to the Town of Barnstable. The above described premises are conveyed together with a right-of-way from the said Hyannisport and Craigville Road to the granted premises. "* For our :title, see Estate of Jessie Belle Washington, Barnstable ';`': Probate Case No. 40193. Being the same premises conveyed by Hanson Washington to Jessie Washington by deed dated August 15, 1932, recorde If Bsrr stable� DBeds in g�ok 491, Page 79. �e�mcim a�isdamaxtxtfR.o 13t r Executed as a sealed instrument this 61 COMMONWEALTH OF MASSACHUSETTS '" �1• ��°'�{ — 'Hanson E. Washington eUessie . as ingfonCq IDhr 13smmnnturalf4 of Maesar*rtts T. Barnstable, .•. rl�(::*G:��jg7.7 "'r Then personally appeared the above named �`•' �':r1„ r yI • - .r`�sYKE9 AMC, HANSON E. WASHINGTON and JESSIE B. WASItJNGTO .. ! and acknowledged the foregoing Instrument to he theiofree.7ct�addee -. "��n�.' v �^"""'••a.... N,, rry Public S ' My commission expires a. RECORDED Jul 18 99 l.^ !� Yr k; 01 w2W r#u 080 c WITNESS our hands and seals this 8th day of July One Thousand Nine Hundred and Seventy-seven. orge L. Was i n t n va William Baker TI COMMONWEALTH OF MASSACHUSETTS C' Barnstable, ss: 8 July•1977 ` Then personally appeared the above-named GEORGE• SI WASHINGTON and acknowledged the foregoing in :1;� 'e." j' �4': 1�, g g g strumerr q b .b free act and deed, ' ''- u =� Ni Before me, otary Pub I i. Q �•� dry, fig, �' � 0 My commission expires: May..22, !19$1c��•r� Tl t; COMMONWEALTH OF MASSACHUSETTS Tl Barnstable, ss: 7'^l7 11 1977 f: .,1 Then personally appeared the above-named WILLIAM BAKER Fi a ,.>,: '. di and acknowledged the foregoing Instrument to be hlg. fr,eeIVCt•..and �'`' ' hi deed, l�' 'G ol'..� 1` Before me, Notary Pubild My commission expires: �� �• �f COMt[MlO!NWEA``LTH OF*MASSACHUSETTS • R6GORQ ED u Y is JL 161977 t97 1 ' Fi. f Y' t. «fir astable, , I , 18132 : =2548 Fi[[ Mo mchusetta 1�1233 P 2x•1^..' t s` WE, GEORGE L. WASHINGTON, and WILLIAM BAKER, both-of Barnstable (Hyannis), Barnstable County, Massachusetts, for con- Mts °'' roar sideration paid of FOUR THOUSAND, FIVE HUNDRED DOLLARS ($4,500), MUM? isac�u- t" :ryas,, grant to EDNA F. ANAGNOS, of 104 Mi.tchells Way, Barnstable ie house }. r (Hyannis), Barnstable County, Massachusetts, with QUITCLAIM COV- ie road a ENANTS all our right, title and interest in and to the land in once ': ' Barnstable (West Hyannis Port), Barnstable County, Massachusetts, u 9 more particularly articular) bounded and described as follows: :t and y foseph A The land in said Barnstable with the buildings thereon, near the house lot of George T. Washington on the West side of and off tY !a to from the road leading from Hyannis Port to Cralgville, bounded Lewis; Tj';r as follows: 4Y 1 !s to Commencing at the NORTHEAST corner of the granted premises; fence I. k°.`':' thence running { the s ¢rl SQUTHWARDLY by land of George T. Washington, 223 :ginning x f feet and 7 inches to land now or C _.;.,,.. formerly of Joseph A. Baker; thence or less. r-=:'. f ';<': '•' WESTWARDLY by said land of Baker, 110 feet, 6 estate r ."" inches to land now or formerly of ;.R, ,.�.,,... rN Josephine L. Lewis; thence :;of-way NORTHWARDLY by said land of Lewis, 223 feet, 7 mixes ;J 14 inches to land of said George T. Washington; thence nstable . nson f.. EASTWARDLY by land of said Washington, 108 feet recorde to the first-mentioned bound and 13t 5. place of beginning. 71 .,P.p,,.: CONTAINING an area of about 90 rods of land, i be the same more or less. The above-described.premises are conveyed subject to any real es- tate taxes owed to the Town of Barnstable. 5 The above-described premises are conveyed together with a right- of-way from the said Hyannis Port and Craigville Road to the granted premises: aFor title of Geor e, L. Washington, see Estate of•Jessie Belle Washington, Barnstable. Probate Case No. 40193; and for title of William Baker, see Estate of Cleo V. Baker, Barnstable Probate I'`p' jb7..7 ,-}.•': ., Case No. 52041 Being g the same premises as were conveyed by Han- son Washington to Jessie Washington by deed dated August 15, 1932, recorded in Barnstable Deeds in Book 491, Page 79. Also see .-aim .. Estate of Hanson Washington, Barnstable Probate No. 49998. TR'1 yi ;us burn Mt[T 1•� . �... �MPANMI�.M11�6 OH01 ' #s• PuLlle +� CILDQN11tK it�+ 4 i';" . I eal •�f i` -. 3G59 r:'i 053 )2502 I, EDNA F. ANAGNOS a and 'lorida n' or off Craigville Beach Road, West Hyannisport,Barnsa„�tyeMas,chusew I in °°°'ide"ti°" of Nominal consideration <<;t SSiCDC 3• r�- j '29,000.00) !tts a `; tty, EDNA F. ANAGNOS of off Craigville Beach Road, t tt2s ` ' VA Wyannisport, Massachusetts and FRANCINE D. GOMES of 785 Osterville-West Barnstable Road, West Barnstable, Massachusetts hereon �t tf with quitclaim coutnntdo the land in Barnstable (West Ilyannisport), Barnstable County, Massachusetts, being more particularly bounded and described as follows: at land Of», ��,�:�, - . ar the land in said Barnstable with the buildings thereon, near the house lot of adoni Way a? George T. Washington on the West side of and off from the road leading from Ilyannisport to Craigville, bounded as follows: land of N` Cotwncing at the N=nWASf corner of the granted premises; thence running t nd n/f of SOLMAV DLY by land of George T.-Washington, 223 feet and 7 inches n/f :` to land now or formerly of Joseph A. Baker; thence /of Eusepi yi WESTWARDLY by said land of Baker, I10 feet, 6 inches to land now or formerly of Josephine L. Lewis; thence epi to Y P- 9• NORTIINARDLY by said land of.Lewis, 223 feet, 7 inches to land of said George T. Washington; thence on a nets: `` EASTXWLY by land of said Washington, 108 feet to the first mentioned F 'i5 � �i::. izona t§= = bound and place of beginning >ti « :: OInc. ( Containing an area of about 90 rods of land, be the same more or less. in �.r.;�.. The above described premises are conveyed together with a right-of-way from the said 11yannisport and Craigville Road to the granted premtises. and 4� This conveyance is made subject to an existing mortgage with the Sentry `� >` Co-Operative Bank, Hyannis, Mass. pplicablei .¢ age.145 �S For my title see deed to me dated July 6, 1977 and recorded at Barnstable s: County Registry of Deeds at Book 2548 Page 078. ,Page 138 z ar Executed as a sealed instrument this: ��✓ day or ---- �:. , L' '' � +',Y� �ilC �lOIItMOritl:tait(� QE �astutcFluutti - : ' 3` Barnstable se �> Un Then vr+ionalb appeared the above ftmW Edna F. Anagnos\/ �3 s and aeknowledsed the (=Wins Warwam to be her �st aed qe� - ` ,..Ai: My co°amissioe expiry ilk t, 3 } :7 ti road �� ': ���'� •� °�t} # n of deed ` 2163 y, 3397-PET '} BP108934--0163 93-12-08 2150 PS472 Edna F. Anagnos and Francine D. Comes 1 Barnstable 75471 of 785 Osterville-West Barnstable Rd., W. Barnstable,/ County,Maaaechusetts 1af " in consideration of Nominal Consideration r grant to Francine D. Comes And Edna Fe Anagnos as joint'•tehant.s :. sr with right of survivorship r of 785 Osterville-West Barnstable Road, W. Barnstable, MA \ with quitclmim cubettttnts Y` \ the land in Barnstable (West Hyannisport), Barnstable County, Massachusetts, being more particularly bounded and described as follows: ;. The land in said Barnstable with the buildings thereon, near the house lot ofl George T. Washington on.the West side of and off from the road leading from Hyannisport to Craigville, bounded as follows: Commencing at the NORTHEAST corner of the'r, :�• � granted premises; thence running • J SOUTHWARDLY by land of George T. Washington 223 feet and 7 inches to land now or formerly of Joseph A. Baker; thence ;. WESTARDLY by said land of Baker, 110 feet, 6 inches to land now or M formerly of Josephine L. Lewis; thence z NORTHWARDLY by said land of Lewis, 223 feet, 7 inches to land of said George T. Washington; thence EASTWARDLY by land of said Washington, 108 feet to the first mentioned Al' bound and place of beginning. .�, Containing an area of about 90 rods of land, be the same more or less. ,. The above described premises are conveyed together with a right-of=way from s the said Hyannisport and Craigville Road to the granted premises. ): The grantors hereby grant a life estate in the foregoing premises to Edna F. Anagnos. c F For title reference see deed recorded in Book 3659 Page 053. J Executed as a sealed instrument this e}f`t day of November 1990 kEdna F. Anagtfos U , J Francine D. Comes �- 'r1 ;41 1r the QIommotdvealth of aeettchu�etts BARNSTABLE, tc - a+. `� November S� 19 90 Then personally appeared the above named Edna F. Anagnos and Francine D. Gomes +, and acknowledged the foregoing inure Before me, to be them free d deed, , t iu. s7: ' r ;j Pamela E. Terrp omry Publk V My cdmmiuion expire l6zeone r. ;;. June , ' BARNSTABLE REGISTRY OF DEEDS t:. 1'^•fry;: ; +10279-D079 1037426 BP 96-06-28 3104 4037427 QUITCLAIM REED r EDNA F.ANAGNOS and FRANCNE D.GOMES a/k/a FRANCINE B.GOMES,of 71 Tobe Way.Hyannisport,Barnstable County,Massachus Y YtY, efts, ' in consideration of NOMINAL CONSIDERATION, grant to FRANCINE B.GOMES, LEO H.ANAGNOS and EDNA F.ANAGNOS,as joint fr tenants with right of survivorship, '„ of 71 Tobey Way,Hyannisport.MA R with quitclaim covenants, the land with the buildings thereon in Barnstable(West Hyannisport),Barnstable County, rv . Massachusetts,bounded and described as follows: d' The land in said Barnstable with buildings thereon,near the house lot of George T.Washington on the West side of and off from the road leading from Hyannisport to Craigville,bounded as W ^ follows: Commencing at the NORTHEAST corner of the granted premises;thence running 4 r SOUTHWARDLY by.land of George T.Washington 223 feet and 7 inches to land now or formerly of Joseph A.Baker,thence � � tr. WESTWARDLY by said land of Baker, 110 feet,6 inches to land now or formerly of 4J. . z C Josephine L.Lewis;thence NORTHWARDLY by said land of Lewis,223 feet,7 inches to land of said George T. j " +''s . Washington,thence d EASTWARDLY by land of said Washington, 108 feet to the first mentioned bound and place of beginning. P I l>y l Containing an area of about 90 rods of land,be the same more or less. The above-described premises are conveyed together with a right-of-way from the said Hyannisport and Craigville Road to the granted premises. . 1: Said conveyance is subject to the grant of a life estate in the foregoing premises to Edna F. [ Yi�i > Anagnos. Fr`:.,; For title see deed recorded in Book 8934,Page 163. All • ��kt fl' ali 1i �C% siit; VY R t A it t Ay STATE , At CAI Aj .ri Y1t �J �j�% i� �J pp•� 1 1 ,1: • �• }t'1i11 1��k t��j(fir t y.zY•i �µ)a 1 �Ni 4j MAP fi tii ..21 r: • } i. 1 • 11": 1 �- 1:.1 :1 '1 1 •.1 •' C1 :• 1��4 a�`F� 2`t�fi,�` - • �1 - 1� 1 IPA' •1 1� 1- 1 •1 .. �, ?!'a4z�d}}�ip�... ' .• ��T4J?ty �� • 1 1 •1 1 � � 3 �i 4�. N hn r, 1 • I�- I 1 1 � 1 h' e :1 It :• � Yi�tz�,EYa.�,1`;�y}�, .1 . 1 :1 ':1 I . �1 1 . /- 1.1' LY :1.1 i�.• 1 i . �F S?rrja f H nr� Sjt q.4^j, FF'tk1� .,RA 3d 5 r�tRsr�f , ; `t ra 5't 2 k ��y+t t�-+.dninY1.. S• ki C �r sFr 7 9 • J •t�tL� iq •�id re.1,. wo, 3 r s 1:..a�,,: f • f 3� 1 � •' M-128 r 6 PG2 i_: y 41tj 1.7 i I . 4"' 03-10-2000 R 03 a S2 j. j, a sy;; 4q � yt is I QUITCLAIM DEED Leo H. Anagnos of Hyannisport, Barnstable County, Massachusetts in consideration of NOMINAL CONSIDERATION, ,... u..; grant to my sister Francine Domes of 71 Tobey Way, Hyannisport, in the County of Barnstable, Massachusetts I. + s with quitclaim covenants: Ida, rh{ A certain parcel of cleared land, together with the buildings thereon situated in Hyannisport, Barnstable County, Massachusetts, l bounded and described as follows: ,? Commencing at the NORTHEAST corner of the granted premises; thence 1� Plan+ running •t SOUTHWARDLY by the land of George T. Washington 223 feet and 7 inches to land now or formerly of Joseph A. Baker; �i,; I thenceth on" WESTWARDLY by said land of Baker, 110 feet, 6 inches to land now 1 �. or formerly of Josephine L. Lewis; thence i I,j sq NORTHWARDLY by said land of Lewis, 223 feet and 7 .•: inches to land of said George T. Washington, thencelia,r � Z EASTWARDLY by the land of said Washington, 103 feet to the first mentioned bound and place of beginning. r� Containing an area of about 90 rods of land, be the same more or is ± less. The above-described premises are conveyed together with a r; right of way from the said Hyannisport and Craigville Road to the granted premises. is I I a"s ajA� rN r•1 r iYfe . A> t 117 s Shy-QQ,� i r .f • � ha¢�,�y.0 irirS. fDat: 5 ' ��l��n:�� �6 �a•��rr iII{ filf� F ti�Pk-tom, j ��_•�+ 3 aA�yt t 3 ::i C rl t $ »F �1 s y;tAf a+ i Nf�Y 7���V' ii 4t p t r-• �r y� yi �• y�v + iN1. r dM r 44 • � 1 I . Bk 15742 Ps 158 190076 1.0-15-2002 a 02252P QUITCLAIM DEED I, FRANCINE GOMES of 71 Tobey Way, Hyannisport, Barnstable County, Massachusetts, in consideration of Nominal Consideration grant to FRANCINE B. GOMES,Trustee of the FRANCINE B. GOMES REVOCABLE TRUST AGREEMENT u/d/t dated and recorded 6k. 1,-'7-/ with quitclaim covenants, the land with the buildings thereon in Hyannisport, Barnstable County, Massachusetts,bounded and described as follows: SOUTHWARDLY by the land of George T. Washington 223 feet and 7 inches to land now or formerly of Joseph A. Baker; thence WESTWARDLY by said land of Baker, 110 feet, 6 inches to land now or formerly of za" Josephine L. Lewis; thence , M NORTHWARDLY by said land of Lewis, 223 feet and 7 inches to land of said George T. Washington, thence M � Fy w � M ' ti EASTWARDLY by the land of said Washington, 103 feet to the first mentioned bou d _ 13 = o and place of beginning. EO O Containing an area of about 90 rods of land, be the same more or less. The above-described premises are conveyed together with a Road to the granted premises. p Property address: 71 Tobey Way, Hyannisport, Massachusetts w Said conveyance is subject to and with the benefits of a Declaration of Homestead previously recorded which the Grantor specifically reserves for herself. For title see deed dated February 19, 2000 and recorded in Barnstable County Registry of Deeds in Book 12876 Page 273 and deed dated June 21, 1996 and recorded in Barnstable County Registry of Deeds in Book 10279 Page 0079. Executed as a sealed instrument this z�day of 2002. Francine Gomes 1 '1 S` R E'k 15742 Pv:1.59 �9p076 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE ss. Date: . f • "�3 j o&O Z Then personally appeared the above-naned Franc ne Gomes, and ac NY . . - v foregoing instrument to be her free act and deed,before e. 0 0" . .. J Notary Public My Commission Expires: 6=02 r i 79 C. a .a N M � M N p O M o 7 L V a: 00 Qv 0 BARNSTABLE REGISTRY OF DEEDS 2 f I r -+ r r/ p ssi�y, s. , } , _ "'it +1`i `'�i� ;• <* � ,� � ,►fie Y.� �' e*. 1-i'�� �-� " , % �1+ z a_f "du k Y z, #' sk �4 ee " mot;~ r40. � N _rho ad c'. i- s`+? `s�. .' •y •' ' -S':; a. ...� '%.'t;t- ,oa , c. • k.+ �'f' r 5�. t^'� - �.. c� r,•{°t i•-:-e'3" j k° :_ �� Pill to +.i �;_, � .. ¢�� ?"�. � 1 A * a,g. a A•,k, _. .,q� �►+i ��'v' . . .,� 4�. •,Me ` �- 3 r >� Y ,.e R,s ." t :: t �%c � 4a ���r y 9 6 ' t • �? � ij,e.' ` a `,� e. a ` ., At y a `r f � �uw � � � f L • ' �' + ,•iirje. '' 1 3� + t' y '" s, . 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PRNATE WAY 1 S 865t SO E 365.11 REC TO CB FND LOT 5 - 40 R WIDE i 0.24' N19'20'48"E REC OS'TO BRi 9'FND $ SHED 44,276 SF3 _ CONCRETE ON 21,0 SHAPE qrj 7. R $3.00 m T R v d PLAN OF LAND IN BARNSTABLE, MA . EXISTING ?s w (WEST HYANNISPORT) 1v�p 31.4' DWELLING ee LOT 4 c = jj�Tpg�� `'t4 OPC PREPARED FOR 19.7 SHOE W NORMA I. HOLDER—HALL b � ;i t_ 3 n W 'Qi "E4'0�25 W pf 0,t! = SCALE: 1" 60' V LOT J , Z �y� DATE: AUGUST 21. 2001 IN 43,591 SFt - F$$$! 20.1 SHAPE y 60 0 60 120 180 Feet 2 l?'• ly G "84'g5_2s w �� s BARNSTABLE PLANNING BOARD �. ;, APPROVAL under the SUBDIVISION ` '' CONTROL LAW NOT REOUIRED LOT 2 1' • 43,591 SFt DAT .��, ! 20.1 SHAPE in - a'N a4, ''25,W CSW +j NOTE: LOT 1 43590 SF*APE ?14 40 NO DETERMINATION AS COMPLIANCE WITH THE C3` ZONING ORDINANCE REQUIREMENTS REMENTS BEEN MADE F QV OR INTENDED BY THE ABOVE ENDORSEMENT w4g REC TO BRB MD . 0.06' N1715'14"E A.30.70' SRO BRB R.1a,81 MD Mp A.32.10' N a4.Os'25'W R.21.27 , 79.9" SO.�, /� 193 GDUr O�Tp ROAD S 84.05y2S-E 29.28' 24 FT WIDE PAVED SURFACE 40 Fr�� REC TO BRB MD 0.04'N31`45'12'E I CERTIFY THAT THIS PLAN WAS MADE IN ACCORDANCE WITH REGISTERS OF OMPS REGULATIONSAME EFFECTIVE RY 7. 1 1, 1976. AND AS AMENDED JANWRY 7, 190a. a9 ea-Jet-usl w aoe xi-oea4 OWNER OF RECORD: CE44...L.", N$RMA 1 HOLDER HALL down cape engineering. inc. P.C. Box 164 WEST HYANNISPORT, MA 02872 CIVIL ENGINEERS ZbAlm REF: DEED BOOK 1013 PACE 591 1 1 V LAND SURVEYORS t . REF: PLAN BOOK 39 PAGE 1 REF: PLAN BOOK 164 PAGE 149 939 main St. yarmoukh,ma 02675 s 32. F- I MARGARET BLL&ORO V n,,.•1.'L ° lw.tet /3 q-�/ - 43 sasM►t.lp S ce•'R.eost � �_-- 43 rf,fllO'L. ke' - 15.3• A•e1.M I On tall •a0`60`• Iu.o• 01 "•t'0a'•0"W. w T 1.01• dl WAY . ' at•00'Ao•t MARY TOWLE 61 aA•n.lsatT .. twAat P6 W a A••o o! CLo w p 161 A. �f 41 32 _- ,•••0y 0• •e 10,8600'A _ g _ .�ni.• aw�� -'' •M° r rARatt .�-' tat ' .0 sa.it :?OUNO S Pna.te'•oe *'. Vo °00.60'00 c•. .'e•a•os'ao"1 :: A•e6.0 100.00 1000 : 152 : •''85.99 CD OO"w WAY S }I,` 31 Qs. $ t et I ea ule'oo•e 100.00 .. 00.11 ... •lo'oo" A.u.0 E teT t, •• •8 25 24 OEOROE T.WABNINBTON - 1510O40'L iO to,7•°UL $dd 3O d _ + 3 Is,Art O'L - an.toll Pa.ut - - •1l'N• u.a .36 00,30*6 $ ue.oa a•noo•c $ 0 Sol 23 $ g. z - ,8 29 oS o d .6,7660'L - - u.6A sM•fio'lo"e "0 " tt.la' .r r f[wca Ia°'a7 PETER M.BYNES N•61'a0'• ata.N_�� .. 100.00 100.o0 it: y las- ISOof "r - aM.6•en.aa 21 22 p ISO 2D 0 0 " M10000 • o t•.6D0 IO,000o'L = 10,00009 - A•76.7{ $ 28 a 61 10000 IOA•tt •1 $ N.6e1 O'L 100.00 00 - 100.00 ....;. R '•. 0l LI.1 ISALENE STREET 3 ,'1 n.a wae•n•oo"w ' 12.0 11 . nt se6•e1'ao'c ue.aT IaT.N se.07 .. 100.00 •• .1 Cs 7f.to R•a 1.N . , P.eo.aT r•eo.00 ••al.u'� g pl.., An1.,T• ee A.n&? '•b $ g 8 15 8 27 of S$ 14 8 8 n,6ee0'a o 8 n,e•oo'L •e 6 u.a ` 13 - t00000i d ID,aasoY : onn 1e,00ao•L O " ..0 a DI'a0•• - 1• 10000 l.... 1e1.71 10. ROB• 8 1•A.Te a :...... 116.11 I j %• sas•61.60'e g st.,s b 16 26 lo,7no`A _ N S 18 17 e I s,eo:o'A e _ • 5 » 1.6 I•,1•a o'L O IO,tiTo'L - R•IT,76 R•t•.so '" � .0.0000'A g P•s0.sa A•so.Ol Ca GO A•at.70 S C, A•a1.71 ... '. .. N.Oo..E•... 76.TO .ce -alms- c C ... a.0 . Cl 1,•• 100.01 w 6•tl•00•r tba.s7 - NORMA REALTY TRUST PM•ot'lo'• ars.46 g $67•57'006"t to mo RROAD 11.• -A0•►OWATI•►Y• Il.l sa.n ,1•• I1 SHOREY M•0V10•E t+T.a Na•!61'0o"sl C6LN C 100.00- I R00 a{ - 100.0 71.21 0 $ $ to,00003 $ i A•31.11 ✓<'r III, rl':I .1 „1. �',:li": i. , 6w c• i .$ II 12 $ I C I,a11 it „11 Ar 1 ,0"',1,..,1<i L t•tt+ ANII 00•78 I6A 0 no� u,460oi $ ROBERT S.CONNER ,�..•,/�,�� y�p� / jqn $ m W tP.600 w.I+° GII.AMU•,1'61.it-J!1' fN"t!R• •. il.IRbne2 0 • ' R ' e '1 UK IN •,li d At111.b 1 AU!.1'%; .Cr •.�;L'fW� 3 $` _e c •» i _ 1 j 10,000°'A " " tt`ta Turoe Jf,J'Fs7 f 67.0,'0a"1 so?•DTO6•[ tso•ae DA I Cu ....._-....... ._ _ : , 19.16 10.D I O 100.00 'I W"g 9 2 2 S u,filoo•L - °°°°°'L 'd - NORMA ACRES f6,! 6�►7.06 I�TAO N °'.°' 1°0.67 SUBDIVISION PLAN OF LAND IN WEST HYANNISPORT, v0.71 to.• »$ FRANCIS L.B LOIS E. ,n 0 MOBILLEN 1 g 8 ex.BIG P6.AT6 BARNSTABLE , MASSACHUSETTS Y O n R,ma'L s a,enu'L » Is,leso'L _ FOR THE NORMA REALTY TRUST lo., "•tl.t+ • SCALE 1"•80' NORMAN W.NOLOERTRUBTEE MAY 10,1857 A.so.7o a el•A•a.w ' .. 16.0 00.044 lLta $Lot 100.00 •KLIAr D.a[LLT-EMIM[[R rr�lfll•''i '`1 eMl•t4 R N•Oa't6 • ala e6 ce Ca R6a•t6'A6°•16t.sL .. C1• TARr00TWORT,rAtt. _ i -ACnot- CRAIGVILLE - HYANNISPORT ROAD -tall COUNTY L.o.- -ice - } 10Mob Irmo s M.AssOM[Oat 10'0 NOTE:ALLTAM[aTl ARE 20.00ESCIPTAS GOWN LLLVATIOA,SHOONIMR90 _ 62 WOMO—Y—PAGE �a " 1�LCCUS , BARµS;ABLE ss,R"cCf�VED Woo 20 t9i L AND IS RE CARDED i LOGAT/ON M.4P NO S6'4L 6 NOAPMQ I. /R2 WAIP Ki39/7PB E/�d(l4 f. 4N.464Cts L4WAWVC2-.S MA-5' Ge'OA'�SE E. C4RP/NG7UrV 3659/5_� IVqN JW/,7 oL4N 37¢/72 456,055" AW-1Z 239 I \ I 5 B6° 52'O7.- pFAV. ---------------oiBr--- ---a►tivf--------- �'1 CtHC Ae. 77't / 3//So, 46' 3BD.5P /? F4 SEAIENr _W i LOr 2 (/PL4N0 = 49,500 S.F ' 3 ?� QVO�/ WErL4NL)> 4/Z!' d.F! LOT/ J ror4L =At,G80 S.F'aP. s2oc, "' � UOL4N0 4,J,956 S.i' t N .4 W/ ?43.99' ..., ._• /4S.i4' •. ,.. /�3./0' -- -._ /07.e9 --• + +►3 a �'r N 86'/9'50"W ee A'O A•Ee�/ $ Of W/RE FENCEw T Cd 87°P/'27'W At 84°58'P5"W ✓4A/fS W C O/ANf Q94 LOT 2 r'%d'VT LOT la O PLAIN $1"163 J4AlES W.� alAAMF JX/4NT L 32I//09 /FNN/FEP V F"t rPEY LYON L'JZO//09 LfONOPA ✓. L/ANFREGt�i//d 89 9B/P7/ 4257//3/ - = 4S5E550,P,5 M4P 24G/PCl. 79 REFL'1PENLE 20NE R.B. N.ar. NINGNUA4 LO/ S/ZE 43,56a S.F. 7OWN OFAMM.44 ME " FealvIr4GE 20 ION/NG OO,090 OF,"Pd L 5 W/OTN /DO, Of09/01V"D NOT/CE A0P/N/A14,149 WW2%dCoO AV'AVW NO. H97-fd CWIVOMV " I-AVNT MAO ZO L Or 2 TO 6o ro G EOR6E C4RR/NCirav /O' 8 9E✓OhVED W-11W 455RSSaP3 P4RC-kZ 239 iPEF DEED /O/9/S9/ LOl 2 /3 VOrq SEP4R41F BU/L046LE Cdj /005/�/S? A/'/ROYAL UNDER TX/E 5UalvV/3/ON OhMOL M16 PLAN N46 BEEN RWA4iPE9/N GONfO,PM/TY AMAI OF LAIN/ /N 90diP�T R�QU/PEO.754�N�IT7 /'Lew(//.Vqr .MOW5 Of OEE/JSRar N lCONW01V wle"-w —�/ t Of M45S4C//GtSErrS, heYANNIS�OAPT, MW SS. IrOT eAvo 'w1eYv GEORC?f E. CARAIR/NWON _.._...._.— DATE, ✓UNE/7, /997 SGdLE' /%40 1O..r4 ALL C-4PE EN611VITP/NG Eel 1,/4.PLdOR AMO /✓Y4N41/3, A4d,55. 02601 BOOK 5 Z I PAGE 5 —9— DYNE BAMMABLE ss.',:.alVED a ale4.1 AND IS RE:CGR'i)r LOC4T/ON M P NORW .1 //QCOER No scgce ,G 39/PY9 LOT .4 I FCWq F. XAMCMOd 14WAF4,16L-S. 7adfy 3G 5�/53 PV4N JAI'72 PLAN 371I71 � GR7�PGf E. C4iP�P/NGjUN i 'i 97e/sso 77'r SBG' 5?'07 f—+ G95.02' b L � � �p/and II GY,!<3G a.F t 3 • } / we Head- GG f? S f t ti/ y pt / 1br4� O/tro + 59 OC�es t Q 72i.ea' a k l sFr cs F.va. _ , 3 2G3. 95' 0.//OW 4W. /B3./O' /07,d9' - ST2' BG'S8'23"W REMA/ s of wiREFiwrP ..- N 87- /0'/Z"W V 17'P/ 27'W wv / LOP P e ►�t PL4N 493/63 ✓EJVN/FEK ✓FFFPEy gyp. [YON .04AFS W e' &.4NE MMNj 140'6 W d D/ANf Wlr G , 7R/4Nl PLAN .i4/// 1.4M/Z1/ I G3Z41/619 G324//09 ZFOrVORA ✓w4NFRFMV/A - , Ty/S puv 1145 L1Eft/PREPgREO}/V LONFORM/JY W/711,WF AME.S.4A/D.P-6a,!4l/OAKS OF MF AeWS12W OF DEEOS O/lX1E CObf NNJfglty OF AlW564C.f/ 5,67.s- AA/ � gSSESSOPS Mq,�89G/FARCE! 79 �I NFiPf6y GEPl/fY r�/4lll/fPROPEPTY!/Nf5 SyOwN �p�AN �F �ry/Y IONS R a ON 7X//d PLAN 4 rF!We LINES O/v/O/VO fX/ST/NG M/N/M!/M LOT 5/IE 4d,5G0 S.f OWNFRS.N/PS, .ONO W.-L/NES dFlfi/E STiPEETS ��^,// /� A,/�� cQ��Qr '//�`�/� /�/,cC rTc" FPoNrldE YO' /1N0 WAYS .Sh(0/VN eA tyY OF PUEI[�OJP P Y.I/ ' r7 rr7/Y/i�JI ✓/�/ ///fI v�I�/7V JL/ / J wioTy ro0' ST.PFETS OR rVaYs gLA4Dy fsr '/S(/fp, ONO 7!/s'r M/N/n�UM sFTBgCrs NO NEw uNES F 10,111-Wov OF FX/S//N6 NEW SURVEYED FMROiYN.'rIf- //P OR FdA' W,pys 9Rdv SWIIYn/" ,sraFtREA.PrgR°/o' gplF: /s-s•9� ---_-- ` .s„� REF. OFFD /o/Cl59/ —. DATF. DFCFM496P /, /994 SG4Cf /"• 40' rONN //. MlC NE P,(..S. &I C4PF ENO/NFfiP/NG 49 W4RBOR AV40 ,�o" /•1Y.4NN/S , M45S. 02roO/ 7/ 1.ee 19 3,, AN't5 ' NACY rel0 , 1prlMLl - � 'y!r MYMNM14fY , 6 A 0. N 9 T ♦ O B E LOCUS MAP SCALE moo, gOAPRr n B KNN/SFURr �ye A� • __ F _ e ...` ... ,y. °JrGOrry B fsrJ •I.rF.NNEry L - 1) . sin f! En.ffN y t .. ^. r . r P9`E NAUrfNN!'MS CI ARnN /rNeL•I I � A[FfRI f NJNGggfr!N/CBM'T .• - '" FIRE 4 /cmwr BhEIEN 7RAro . • ~ V YO I B aawwre SYLM Lar 02 / l 9• - 13` ..ALeBRr L".., g6Y.TS _ a Z`8 LOT / \1 /2�W/0£R/GNT Of Nf4Y2 //M. J i •M Je.aS a ACRES _ __ A$[96'9SOF5 f /6000 / a' / _ r n1fS'P P9 O"W \ sea"y itf�LI 1. one' 1/e FAD NBB _ r Jos 1 - ` • `�.� / AOQOO NB8, tl-1 —��� 1 ' cB. /OB.00 / /PAW/OE•Ri�7° •-, __ LOT 2 W I JB 8}OtBE ' .. .. _ •p�� r ' 'I " - Ro,gp�'n '� q ^WNW✓E.N4.D® I W I � � a"B N I • JE65f PW yN/yGYCN �� I a .. .• '.b+DLO LOTP a n1iS K e[,yt✓LU r - 2 � 4 I _ y . �,BrF•Rs°•o aL 2 IQ) a "�8' NB6•d//8 W •._.__ - ,. M i 3Pd?3 e cqE>Af[ } I I •,.��DAB„/ N9aLM.N e.n.olDBR, braew I NB+^S_/'/P"W 6B9JJ L ANORLM B I. ORA9s!•' ! NONYAM B NOLOFA L,wN, 1144v.R OF OONL EYNW • -- r I 999d rNQ1LlS N BYIOL4 N Mfl[TEgS / R.ffiNf cyr rw.Y ,ap ' • /BO.OD rNu/aY YA/ANT J09ER9 PLAN • NB6°81/ W i L S • { J YANfNEOOMA I I sG[f J}LDn' h APPROVAL LOWER JH£SUdO/V/S/ON CON/NOL LAW jI _ I I ,..a NOTR£OU/REO. t I I BARNSTABLE PLAWIV$ BOARO L r.9 aL PLAN tII SCAlE I}10 /.rr ...?.LL ...�-.r. Planning board Approval uo0s not constitute approval of Ways 35 shown for"divillm ROW" MAR 1 r s rls 3 DA/f PLAN OF LAND I CERT/fY THAT JH/S FLAN WAS MADE WIM LAND COURT'STANOBBOS OF ACCURACY ' S AND TWAT THE PERMANENT AOINJS SHOMN ON THE P[AN DO EA'/ST ON THE GROUND. , I N- I 1 i Q LAWRENCE S. TOBEY I OAlf / z&srrRED LAND xwvEYOR kll A INf5rMY4NN/SYIPE BARNSTADLE NA:S `Si[ SCA[£' AS_NOT1r0 DRAWN LMJ j.rt,y`•., 1 M PH/LIP O HOLMES 1 rp• CIVIL ENGINEER LAND SW�VEYOR 9 `)•' ✓r u .. _ C,4A./GY�LLE t .va.•di'ae•w ra.sr J BFAC(/ JO/ MAIN Stq£E7 iAL MOUTN, MASS• JOB NO 7.10J6 DW6 NO D 11\\ PAGE 3 N EARNS;ABIE�,R'tCEiVED ' �1� ` I0,�00A ? 1951 0 AND IS RECORDED LOGA'T/ON MAP NO SC4L E ti47QA�f4 I. .4fGt[LJFQ - I �Yi39/Ils f/2WO f. 4N4a4W C4IViPl�iVff.S 1UtSE,�' 3659/5.4 AUI E.004AP.P/.vG1rJN- - � A "17Z -4�S.PSSpRS P.44C'f( 239 � S Bfi 5Z 07 f-+ M vA(p. 60' G?6 '-70- --- --- - -- ---Lad✓f ---- N 7T t J 3/G 50' G6' - .3y1.32' J?'F4Sf IIFNT -`pti LOT 2 t 3 rorw ° 11,620 S.F. '61P. TV or r S h Lor/ (/PL4.V0• 4.J,956 S.F r o WfTL4N0,ZSZY 7D77!!=4G>7d S.f'Ar/.07 0l / —N 6G' s2'07"w o NQ $ N BG'/9'S0"W Co ItvO A'E,�R�44�3 Ol,W/RF �f CF Y v 67'/O'J?'WGEAUD Cafvv Q O•/ 'wr NBG'38,Z.5 w N67'2/ 27"w or I? - ✓4/vFs w.t oJavf T.PY4NT LOT (o O ✓fNNJFEP t ifPEy LYON ✓4AlFS W� GLMJE 7t/4Nl G321//09 ✓E 8��eV F ceze/Je� LfOA1044 ✓• M4NfRFG V14 s�sz/Jai NOTE, REFLXENLE ASSESSO,PS M/1�?4G/J�Cl. 79 20NE R.B. 77�itc bL �s.59 /LlJMGNUM LOT S/Zf ¢3.SGU MWN OFAo,P,V.STABLE F;PONl,OGE 20 ' ZONING MAR0 of,"-6QC 5 OfUS/ON AoV0 NOT/GC AO/NJMU�1 SF`lS4GK�S AV7°W NO. /"7-4a CW.I.Vu7aV — FPpNr XtbPO ZO' LOT 2 TO GO TO G EORGf 04RR1,vc roN S/OE 1` eF4,e /O' S BE✓O/NEO W/iW 4SSESSOR3 P4,gt-Z 239 REF ztr LOl Z /S VOl4 S!'/'4R47P.4WC04BLE LOJ /O�5/�/S? OPP/TOYq( UNDE,P 77/FSUeaV/3/Ou Q>�(/riPp(, I!/15 fUIV Af6 BEFiv PREP4AF0/.VCONlopAellY 90ARO.T p . � q WPEN67✓/3TTifVFr3R UOLfF SO EAFNVS.PLFfCTUfC/FAl�JOONMSN OONf TIf �/q N OMAID� Al JG7 r� WE441y /4NN1JP0A7 T IW . Of M4S,�4G.t/Gt3Fr/`S. AOr N OfORCW E. CARWINVON DATE 161NE/7, /997 SC4CE /%40 ALL CgPE L1V61412TP/1V6 BOOK 5 Z I E59 90MAKE ss.',.:aIVED AND IS Rf:CGRIu' ,eo d 7 fiY7fit. t G _ H�RsaK L 0"T1OA1 AM, P NORAM I. //QCOFif' No SC4ct AM.4 F. ,4A/AGN�S L4W4ENGE S. 7DBFy _ LOT A 3G 5 9/53 PG/N 374�7? RL4N 37!/TI G,vPGf E. C4,ffllyclvly • 97a/Sso - .. . A' B07 .c r G!r _ n S G A? 07 F G9 07 -- . n FNO. Uplande f ' we Hand& GG f? s r a H lbto! orlro /. 59 ve��s - �0 / 72/.eO' `� Q u.Rm: . - 1 air CO XNa.sFr /0(4 3 7 s. ? _ 3. / . iG 3 G 3G u W Co / s / N '2l 1..._ of .PE f- B7 7' �'30 57 N N 3 e+, eG•se'2 o LO/ 8 I n4N 499/03 ✓ENN/FER ✓EFFPEy P. LYON ✓44AFS W ek.4MVE 7RbINJ• ' . ✓.4.NE3 W bD/ANf tOT 9/ / 43119 21/ 69749 TRMAIr Puv I l/0. :Lf01VOR4✓A14NiRfLt2V/A x Ty/S/'L4,v y45 4FfN,-m-4RElJ /N c0.(/FORM/TY WWW XF f4/1E,5.4W0 RF6Ul4T/C7W OF TJ/E .feW.Sl,AN OT DEfOS Of TllE CO�dflol9.(/df/Fgltl,/ � OF,l1ISS4C✓k/SEjTS• - ' gSSESSOQs M4Q PfG/P4RCEl 79 .r Nd w,,er Gfenx?,74,el-//f"am—.PlY aors SyomN y PLAN OF L,9N0 ZONE le G ON 1A//S ^44M 44"oW LINES O/1//0/N6 FX/ST/416 / fLNSOF S ES /PS .ONO lt/ F TSi/f TRF T E SU M/N/MZ/M LOT 5/If 4�,SGO S.F. 4N0 WAYS 54V/PN /N " FFbN//dE ZO' .ST�fFFTS OiP{1/4Y-S dL+Pf.4Dy FSl11B(J.S!/fD, oNo�oT HY,4NN/SR7�PT /I1,45SgCi�i�USfTTS W/OTy /00' A/O NfW UNfS FOR La'✓/3/ON Of FX/ST/AV6 M/N/A14W JAL?WfCAS S(/RVEYEO FOrP O{SrNfiPSN/P O.P FO.P NEW W.9ys Sys•7ou.✓. 514FfRE4.P! Oro/O' REF OFFO /0/0/59/ ` .1_ _ 'a DATE: DFC',CAW" /, 179,4 S(4wf /"• 40' �~ roaN y MIL Nf Pl.s. ALL G4�f ENG/NEfiP/NG eo 49 </4RBOe At 740 r;r /,/Y,4N/1//5 , 04S,5. 0?60/ , s CAUTIONII DIG SAFE SEE PLAN 1 FOR DATA PERTAINING TO: PLAT # EWO # Multiple Primary Circuits 72 HOURS BEFORE DIGGING SAFETY,TU,POWER VOLTAGE,AIR PRESSURE, 9ACLE8 Overhead&Buried CALL 1-888-344-7233 CABLE GAUGE,BRIDGE TAP,BUFFERING, AE UG BU CD Verl7on STOP AND LOOK S DOWN III PER STATE LAW N ENGINEER,EXCHANGE&MUNICIPALITY. Take the time too locate all EXCHANGE: HYANNIS 6324 POWER in work area before CHAPTER 502:SEC. 40 (1980) , 3204 NEW CONDUIT WORK ORDER PLAN starting P MUNICIPALITY:NICIPALITY: HYANNIS 5324001 Your safe de ends on It II PRINT 1 Of Z ti TO POLE 24-32 CRAIGVILLE BEACH RD. P/L O J - d W TELCO SMALL ROUND(12") FIBERGLASS HAND Q BSW HOLE TO CUT OVER • TELCO BURIED P/L NEW BOUND WIRE. wFOUND _e a. •-.. .,. 1, ..t ,. 'm ... ....... .... .. 1 .:....,;. . , '�.. ....7• .., . ..:._..__,: _...... .tY t.. .. .. _.. .�.. _.. .. -..n Ei�1. ,. -� "ii•_t'. Y - u , 3 11 EA§lEMENT 338 _y,. .... .. .., - .. .. ,... ,. ... R .. �, ........... . . •••••1ea4_PVC.•••... •------••••••••.•a4"P 3 3/4 FOR TELCO • ' le 4 PVC •••--- �� FORTELG=O• •••.•.••-- 61 145' E/O/P L PRIVATE WAY if ASPHALT DRIVEWAY (S-2) N WASHINGTON E/O/P ASPHALT DRIVEWAY' TELCO C-4 � E/O/P BSW FARM ESTATES FENCE KEEP TELCO PEDESTAL100% ON THIS LOT. " a EMPTY LOT IL © a t #71 3 EMPTY LOT EMPTY LOT W 0 ® LAWRENCE S. EDNA E. NORMA I. TOBEY ANAGNOS HOLDER 23$ & 4 GEORGE E. CARRINGTON TELEPHONE DUCT WORK ORDER #9ACLE8 ven on TO BUILDINGS- MAY GO DIRECTLY TO THE MANHOLE, BYPASSING THE CONDUIT WORK INFORMATION PEDESTAL LOCATION. "HOW TO" PLAN 2 of 2 PLAN ONLY BUILDING SEE CONSTRUCTION PLAN FOR BUILDING POLE, CONDUIT & PEDESTAL --- DETAILS GROUNDING SPECIFICATIONS FALMOUTH / 5362001 INSURE CONDUIT SWEEPS STAY WITHIN POLE QUADRANT. DO NOT PLACE ANY DUCTS r NOTIFY TELCO ENGINEER 7 DAYS THIS PLAN IS FOR INFORMATION PRIOR TO PLACEMENT OF TELCO ONLY.ALL CONDUIT WORK IS DIRECTLY IN FRONT OF OR ► / DUCT SO HE MAY SCHEDULE OUR FOUND ON PLANS LABELED DIRECTLY BEHIND THE POLE. , , r CONSTRUCTION FORCES. "VERIZON CONDUIT PLAN" IN THE UPPER LEFT CORNER(S). 10'COIL OF#6 GROUND WIRE ,� r ATTACHED TO POWER GRID / ® WITH FREE END LEFT AT TELCO r I 2"or 4"TELEPHONE DUCT(S) © PEDESTAL LOCATION: / AS DEPICTED ON PLANS © INSTALLED BY CUSTOMER %ro l PLACE&SECURE TELCO DUCTS IN A TIGHT.CLUSTER AT r TELCO PEDESTAL LOCATIONS USING A FORMATION,AS / SHOWN ON PLAN 2&DELTEC BANDS OR EQUIVALENT TO POWER GROUND GRID �� / MINIMIZE PEDESTAL SIZE PRIOR TO BACK FILLING.ALL DETAIL OF: �1 j ' DUCTS TO BE EQUIPPED WITH 36"SWEEPS AND BLOWN r W/1800 lb.MULE TAPE. POWER TRANSFORMER TELEPHONE CABLE PEDESTAL rrj 4"ELECTRIC DUCTS I T POWER PULL BOX I I j 4"TELEPHONE DUCT j O I I I ----------------------------- / -----_---- 4 4"TELEPHONE DUCT `EDGE OF PAVEMENT I TRENCH DETAIL TELEPHONE i FINAL MANHOLE 2"or 4"TELEPHONE DUCT(S) y I 5'X 5'X 4, I AS DEPICTED ON PLANS GRADE SELECT FILL FREE if required I OF LARGE ROCKS 12" I AND DEBRIS. EDGE OF PAVEMENT I , TELEPHONE I SAND OR SANDY PEDESTAL-�� SOIL 12" / 4"SCHED.4 TELCO C.A.T.V. / NESC PVC / 50" / 4 /- / 2"or 4"TELEPHONE DUCT(S) SAND OR LIGHT GRAVEL AS DEPICTED ON PLANS ELECTRIC 12" / DIG SAFE SECONDARY PRIMARY / 72 HOURS BEFORE DIGGING CALL 1-888-DIG-SAFE PER TE LAW CHAPTER 2A 0SE 4 0 (1980) SAND BUILDING s^ � i�vw -------'/ 24" ,+ f ' ' . .I%IIII►'.�I. eilll�l' �I■III�, .Emil IIImI��. ,mlm-,�mn►—�lllrl. - .�� i��_ - - - - - - •�l�tll�II;��m1ii n 1 ml _ r 1 nl -I I : ; • ; ONE slim 1� imirilil�iml�mlimllSmmlllm m■mi�, 1 1■■i`— : ... : : ... : ; ... ; Iliml► .mllr ..II,I�niliril1l1111 J 11III1/nIMill►. _ . - ■ ■ ■■ - NNE ; rii 1 III/ .111■m'.�I/nl/1/111■1� 1■_�1I iii ii If/'.�/I�III�.i111 ■�I�I■�■ II III E ���. 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I III�n .ICI.. 1, ■■■ ■■■� �I11II�IIIII■Ili .imlll■I11n1,1>r[1�.:. :II,fr1111�. 11�;111�1■IIIII■III�I�IIIII■111�1�111■I■111■I■1111I■111■I■IIIII�IIIII■11 mlh,�■111/�11111�11 ■I/111,1�111 — — --- -- - III IfIlI/lIl1I1nlIm■1l1mm11l 1,I■,■1,1 1■1 i!�I1,1�„,,�,1,i,',1,1■,,,�,11 1 i(I1IIIl1I11I■111(I■n1i��IlIl1 l�!1111(,,■i,111���,IIIIfI�II,mnI�l I1I,I1I■1I Ell f�1ill1lI !fI■11I�n1/IlI�OII�ri,�,I:■�,-�,,,-,�li' MEMO,�rI'�1II-__��,_--111I-''i 1',II1�Il■I11lm,,nlm�til I��IIIIII��IIII��III I ,I1 't lIIi l ;�!��1,1�■■,�,;;'�1,�,■��1I1 ■■ �:::::: : ___!��■■�_ „■■"�_ ■■��_■■�-_�_■■- —■■ ■■��■■ ■■-� ; NNE! MORE ::: __ l..■i■i■.■i■n■ 0NONNI logo I! 1■.■iiilllll IIII �mlllmll II■111,1■III,I■111,IIIli1,1/11 ■1111 f�111II■IIII1fI11,I�n11=1! " = ■ ■ ■ ■ ■ ■ ■ ■ ■ __rrrrnr.-�>r as-rrnr.ds.�rr �Ir r. __ ■ ■ ■ ■ Attleboro, 02703 ,. II I Design 1 D: 1 11. Tobey Way 1 www.mandrdesign.com Drawn by L.Reyes Mellor Building GENERAL NOTES: FOCV PLAN NOTE5: -Owners aid opwral contracts she I review all plan,rotes and 5peciflcatans -2-2KIO headers above all exterior raO opa mc6 xdex died dhe wise. prior-;o canstruction. -Closet shelves and pde5 b{CLC. -Any alterations to plans must be taken Linde-the advisement of Nl+R De5O -2x9 exterior ccn4ascWn. Associates,L.L.C. -Natural 110KA for habltaHe any occupiable rcan5 shall have an exterior = -M+R De51gn Mwciate5.LIL,Craiq C.Mitchell and/or Lauren M.Reyes glannq area of rot less than 8%of the floor area. . are rot liable for structures built fran these plans, half the reopred area of olazirq Shall be operable, � � -C.C.must comply to all state and Iccal codes,laws and regalataons -Attic access panels shall be minir um of 22"x 30"w th a clear he*of 50". Vem 'All dunam5im5 to be verified in field. -each bath and toilet roan shall be I 606 equipped with a mechanical exha,et form aid I bob 1 -G.C.to verify 11 w5brq site condrane, a55xiated dutwork @90 CFM if operated Aamaenly. -Any reprocbcton of Oars withoA written permi5son from M+R Deslq A55ociai.es,LIL,CraiciC.Mitchell,and/or Lauren M,Reye515,prohibited INTERIOP.5fAIP NOTE5: SYMC�LS LEGEND: Fuu a r -All on site work to be overseen N lice 5edco*wta. himinum 61/A"n5a 5 ® 1 LC -Electrical,WK and plumbinq plans to be provided by Iwwj conwltants. -hlxrw 9"rises Poor tad(see 5d ecLle)c - PII paints and fmishes provided b4 othe s. -Mmxrum!,&"high hand-ail5 — OPMN f0 6ELOw LL I wALK•N g O Window taq(See schedule) I aosEf All soenftcatlons to be'slfied by amer awcontractor. hlaxr ern 4"ballast sppaC q "�-*Op11ONAL( , I " "Exterior window casingsrovided h4 deslgnaLed Lnnber yad 3`Eb #yy►� ——— p -fire 5tappirq required'5,all cut off all concealed opentrg5,mmrmm 2" 0 photo5ens we sm*e detects = C30NU51?OtO �/ _ -7d75nVDNG01dX CLOSET rgminal lumber required 0 WOOtl RNLMG oS1"0.:.07RDC8 8 PLt #2- -5ee table 2505,2 of Ma55achu5ettei State tUcka Code for fastmrq shedule. 0 Combination talon mmlde/ 0 woke detects' - cc - Q O 135 heat detector , n 0 ,. OFENwoac:RAar� 0 Fan/lK}tt _ _ rr7F' Y � CLOSET OS • CP.f.tlECK FRPNMG W/ ® 1 - - CLOSET WMPO51fE M01"'NIKM I) - 1�� O = _ 0 own. . - - ACCESS W1. �� 2,6 WN.I. OPE N TO RILL CE9.NG H:ILNr aEn #3 (3et CN PATH, DELGW _ MN.SO u n A' SS_CE PMh r - I 1 I 1 1 1 ® Q F] E E E 8,i8, 1 Vaux I 0tl StHICfuRAL _ I 6C>6 I 7i3 L--�J °® MA5V n, ° 6PW l?OOrn 5rCONn F OR PLAN _ �5 a -SCALE: D , KIrc�EN Q - AN _ __-- DEf:SENWINDOWSCI�DULE DEAMCW�T -61-I I/8"POLIGNCEILINGNEIuNf S�cttRAL 1 -995 5OLIAZE FE;f(LIVING 5PAa ONLY) -` COLU LAV,AJ,�#I fill p rfn MOTH. Gryl ROACH OPENNG MEMM aEA LOCAWN REF_ OVENS 5 2'•6 1/8':4'•B 7/8" �-- �"�_ F ° - = A tlOJDLE H1hY 2446 D CONYL �E M A - ( WRK-N - K� I 8'-9" 1T-8° aW900M _ - 0 - 1 CLOSET - D CASEMENT C255 t ,'-O 1,�2'd'-5 S/8' I - 2 e-4' n-8" (REAfVOON, DOOR 5Ch�DULE ---- _ D¢f WA91 - - 1 C pOUDLE IUNG 2452 2 2`6 I/8'cg-97/8" ," )" '" 8 I � .. S S'-0' •4' EAfNG Mg7EL ON. DALCONY LIxE CLOSE! _ tl tlOUDLE HIND 2446-2 6 12-4 -II S/4 r1'-8,16' 4 29'-4" amiz(2W Ft00R) IQ S'-O"x b-8"``-NfKN tlGOR W/BMB(>M A�VE I --- I LAllNnk'Y Q e" cLosEr 8 aosEr c S I 7/8" tlaDwN 5046 9-LIE5 7-6 MATER Dtl'OOM COWN 7-5 S/8 A•8 716' I H '.f.SfEfS ® G A-- AW?81 2 2'-8",2'•4 7/8° b -8, is-,"....- LAY..MASfW 0.05E(5 5❑ 2-6',6'-8"b PM1EL 2 gY G.C. o /f 'Sip1CUAL FNGWEER fU PROVIDE 10 1`�. 1 4Q �0".6'-8'EXTERIOR FREN01 A1RI1M I = nINING p00N1 M. (3Am C PROF'OSEV VMAGOW SIZES AN7 M:IYJEL wMDE'RS 9I06Ny CALCULATIONS FCR ALL INAW Y.. (2)2-6",6-8"6 P", I s = FIN&501WULE IN G.C. 5 STUDY -(,C,I O - _ r0 WRIFYp0UL?A OPENf4(h Wtn MMUFACOW - ® 2-8",6'•8' I.W I' RAW 1 m�? -EXtt\61ON JAMD5 REOIIB'.Etl rCR VWCM6 LOCAfat N _I _ 2�6 AKV 2.8 PORf1110N5. 7Q (2)2'•6',6'-8 INfER102 FRmoi I O ® (2)2'•O',6-8"6 F"I. S ® I 6'•0"x6'-8„il•gx5. 2-UP El _ m 2 •SLOPE URALEFLOi7R xN3 f0 SNOwflt ® 2.9".6-B'6 PMJEL O p� 9I OVEm1f-VV00R5i6RE011REtl tl D A II S'-O',b'-8'EXf6ZI0R.FRENCN -�,y •MIM UM I LAYK Of 5/8"F6E - a 9 RAW C.YP.AS RE011176YCOVE c.'" ' 12 T.o".6,•8"b PAt�L 1 EllI'-6",8'•&'6 PANEL 1 r' Park Street Center IpS �oOp PLAN 5 Bank Street,Suite 20l FLOOR PLANS Attleboro•,MA 02703 2 A a t�V lJ a� Phone:(508)222-4734 A�� „ �C7-4 " �� �_ �� Date:03-28-2006 Tobey Way 5CALE: 1/-4 01 -C Design Associates,L:L.C. Fax:(508)222-5579 Scale:1/4"=1'-0" Hyannisport,MA 6"POUGN CEILING I N6K www.mandrdesign.com Drawn by L.Reyes Mellor Building SHEET 2 OF 6 1,620 50UA'E FEEL(LINING 5PACE ONLY) 16 Kf.W000 FC55 $Ef IN 12"Q CAN:.Ffl.LED MOW Clive " GENEtZAI-NO1E5: • _ Owner5 and galaal contractor shall revlev+all plans,roles aid specificaGals Meru o ax Ea r prior to eon5tvctim. orc.c.A5V�9 E I I My alterations to plans rrurt be taken code the adnsencnt of M+R 17esq ------------- - I 1 AS°OCIateS,L•L•C. I 1_ cox. -M+R 17eznan Ayceiales,L.L.C.,Craig C.Mitchell and/a L'xirel M.Reyes I I m'•SA91 I I_' I crN'c 1 are not liable for ArucWres built from there plans. L ---------------- ---------------- L•------ 1 I I -(nC.must cLrrply to all stale and local codes,laws and regllaLtlans KNEW jEAM J oEAM -- ---------- ------------------------ -- ------ I AIIcUmesiastobeveifiedinfidd I I PO ET POaEf 2'-8"J,' DOOR I I -6; .to verify all eKi-Anq 51te caidltI". u, NOf ONSQiEtA LE I -Any reprool"on of plans withmt written pAermi55im from M+R 17e5ign 21I?e I 1 A oxote5.L.L.C..Cralq C.Mitchell,and/or Lairen M.Reye--is prohibded I I i 1 -All on site wok to be overseen al Iiceryed cmtracta% I I I I -Electrical,M/AC and plumbing plans to bus pooled by licensed canzultar5, I I I V0'V4"L0W5UP"f -All pasteand finishesprovided by others.-Al 5pecificaswns to be verified 1v owner and contractor. -Exteriorwind2w ca-mor,provided 12y de5imated lumber yardMSr& I I I FOR DEAM 04 IN M FLOOR I I -Fire stappvq req r) ed-shall at off all concealed apenuti{s,mimmm 2" _ ` I CEtNNa FAR RAFTER OREAK Low I I nanaial lumber segued. 1 1 VERIFY PLACEMENT ON'.ttE 1 I I rYWAL METAL I -See table 2305.2 c4 MasSachusett5 State GiLddrgCode for fastelvq sdlecUle. I EHSEMENtSAAi 1 -7, I I " FOUN12MION NOTE5: I r r r i • ! ; r- I _ 10"concrete foundalam wall par u less 0111erWi5e rated. I I 1 -.1_ �- I —i -� I = -Fonc4afaon c,�aete to be mimnum 5,000 p.s.l.to 28 days. 1 -T I EM1 L--J L--J= L--J L--J L--J L--J 6EPM I I -NIs1�5tobeminmurc3,5C70p.5.1. I PoxEr 4-Z12 GRfONS f'A LALLY CaUMf 5 pomf I I -A l footings to rest on wiaALrbxd Soil. I I = r--�" r--� w/CONGMFeomeb I I I e I I -Fondation walls to eKtend a mnFnum of B"above fnl5hed oradee. I I 1 I I -51ab5 shall be a maivmim of 3 1/2"thick on minin ni 4"q-avd. Lax. I I --J L..—J I -(2 mil.pdU vapor cpa-d with join45 lapped not less than b"shall be placed -- ----� - -oFN'c -----_ � � I I j bet'Mem base and dab. I I I Cerage slabs to be mulvwm 4"thick an minmfm 4"q•avel. 1 ----------t = I - - I r------- = I I I -t d fill shall not be paced LVUl wall has 51ifficlent 5trerglh. I I 1 M.qa 1 I -Prainage 545tem5 to be provided around bottan of faridaUm to be danaX des, 1 I I I gavel,crushed Stone drains,or pe fLTAM piper. -20"K 10"concrete footings with 2"K 4"key way uncle al cmaele fazOAim 1 I I I I I walls mnv w 4'-0"below c ale. Ij j -1/2"0 an-ha blks maKinum Fi'-0"o.c.and no move than 12"off camas. 1 I I I I I -Damp proofulq required from top of fMtmq to finished c a&. _ I I 2-�W,6AW, I L----------- ----------------------- -----J I -%O'E GARAGE FLOOR 51LAU f0 1 1 I INTERIORSTAI?NOTES: --------- ovEw EwDooRSASREouR�2 I r ------------------------ I ------------ I I OVEM 1M I LAYEi'.OF 5/8"V RE 1 MaKurum S I/4"mcr5 p� I 5" NCRETE CO 5LAD ON -Maurwm 4"risers - C I I RACED GYP.A5 REAIRED DY M 1 I I I UNMAVATED I VEI'Pk'E 1 -Minimum 36"H1011 ha clads 1 I= I -Maximum 4"ballast 5pactq I ----------J I I I I I _ I I _i aVM&VLNIALEVa7R FLOOR.01650Mje- l'U A AK*M a0L15 /5EEfL00RFLANfcR'--fie FM"FL") O"O.0 MAX.a" 4m5 NN.4"cmL.`.1X1 RIDESVIR'f 2-2J S Y'MY 2,�1 CM UaJb KEYIYAY c O"d0"CmmLm; Afn?J'coua:erefcorzMN.4'O"VELOW WAVE fMMKrAJ_mr/��j/�/GG/Y��JVO�/f MN 31/1"a. mmuasfewa Park Street Center bML.VOLYYMai "cmrNuusFAss!ociates, � 5 Bank Street Suite 201 FOUNDATION PLARE1EfLY7M1G A3 MN.4"GRAVEL MN.4'O"9ELOwam Attleboro,MA 02703 Phone:(508)222-4734 Date:03-28-2006 Tobey Way �u�L pro L.L.C. Fax:(508)222-5579Sca]e:1/4"=1'-0" Hyannisport MA 7#TO 5CALe ndrdesign.com Drawn by L.Reyes Mellor Building SHEET 3 OF 6 2xl25@I6"OC, 20206"O.C. NOT GENERAL E5: F OOk'FIZAMIN A NOTE5, 4' O"srOCK Owners aid general contractor shall review Al Omit,notes and speaflcaGms -Conventional Ember floor framirq 5y5tem verified by 5uoldr. �'-6"CLEPRSPAN 18' O"STOCK 1 1/4"rim Joist to 5urroeut panda of fra-A 949tem• prior tocantrucGm. n' 17'-6"CLEPRSPAN -Any alterations to plans must be takai u der the adn5ema t of M+R Desioti -5did bkckM aboee al!beer mq partitiots and girt-5. Associates,L.L,C. -Co tirucu5 bridging at Al midspais. 2x125@Ib"OC. -M+R 17e51gi A5'ALiateS,L.L.C„Craig C.Mitchell aid/or Lairen M.Re es -Dante o15t5 and hawfr a5 requred 8'-0"5TOCK are not liable for ztrucf res Li iH fi'an these I�as. -see floor plans and fandatiot ptai for all dimerulms. 7' b"CLEAPSPAN -6.C.riust comply to all State and oral codes,laws and regilaticns -Minimum I"ar5pace betweai all mxo ry and franrq. -All drnaisions to be verrled in field. -6.C.to verify all exi5tin3 Site caulition5, INTERKJR STAI NOTES: f3 VA1 -Any reprooltctioi of plan@ withal.written pami55101 from M+R De5tg -Maximum 81/4"riser@ GITN TO MCvV tt Aswciate5.L.L.C.,Crao C.Mitchell,and/or Laren M.Re4e5 t5 prohibited -Ma in m 4"riso 5 -All m 5iLe work to be over5em lai licensed caitrado'• -Knim sii 36"hqh hatdal lu -nectrical,WAC and plumbing plans to be provided by licensed cm%aitf. -Maxmuan 4"Lallx'L 5pxnl 2x125@I6"OC. -AII paints and fimehe5 provided bil otha5. IB'-O"5TOCK -Ad]5pecification5 to be verified by o ner endca hacGs• I6' 6"CLEAP.5FAN -Exta for wincbN ca5inop provided W desimtated 4mber yad STOCK 2x125@16"O.C. -F re 5tappirq required-shall cut off all concealed openirg nhu 5,mm 2" APA I 1 4'-O" nominal bmber recpiired -see table 2505.2 of Mas5aJv5ett5 State Gvddrig Cale for faAMN schedile. MAM u2 14'•O"SfOIX 2-P.f.3.qs wlftaM - RUN'.OIL PRE OPEN TO fo 2,6 wnl.L KLOW MLOW 2xI25@16"G.C. 4'-0"5TOCK CL 10 P.f.RIMDOLrEG EA0i BA'WIH 1/7' 2025@I6"G.C. nR DO NkJaR5 AS MAR) 18'-0" GC 5TK /r CERS IIREf 17 6"CLMRiPAN —- 4-2xl2 i'VT MOW ;U25@I6"U.C. 2fl2s@16" 20'-0"STOCK 24'-0"5TCa x1121118 II"CLENZSPAN 22'-6"CtkW& 18'-0"5rOCK 17, 4"CLEAT AN S�CONn ��00� �.AMING p�AN 51745 Eax56L AS MO'D _._.- ... A-2d2 GIRT BELOW UP110PJAL NOTE: F,OOP,FPAMINCA CAN M �NCARI- [2 TO z2x126MMLOW COMPLY WITH T,J.L JOI5T5, 5WEI-5& TAON5, 2xl 5@16"o.C. TO M C&CULATI?PY A LIaN5W 51kLICTW , 8'-0"5rocK 'i(� r xs� �NGINE�p, CALCULATION5 TO N� 50MITtn 6Y 5AM�. 61-6"UEPiISPAN ASREo'n 2-CA,CGARAa -5LOPE GWAa FLOOR SLAB fO OvM VD V0015 AS REOUFTV •MINAUM I LAW,OF 5/8"FRE RAW GYP.A5PEOUREp15Y69M 2xl2s@I6"O.C. _ 17 e 'CL A� 5 Bank Street,,sate 201 FLOOR FRAMING PLANS & `� a� Attleboro,M22-473 A4 u Phone: 508 222-4734 Date:03-28-2006 Tobey Way Ip51' 1.00� t?AMI NG PLAN Design Associates,L.L.C. Fax:(508)2^^<2-5579 Scale:1/4"=1'-0" Hyannisport MA www.mandrdesign.com Drawn by L.Reyes Mellor Building SHEET 4 OF 6 GENEkAL N9M5 CELING FpAMING NOTES: -Owners and general contra our shall review all pans,rotes aid spccrfica s -5ee floor plai5 for dmen5w5 prior to construction. -20lbs./sq ft.live load -Any alterations to plans must be taken under the a4n5en A of M+p Ve5id -10 Ib5/ sq.fl,c ad load Az5ociates,L.L.C. -K.P.spruce 112 limber or betty -M+F Pe5r Associates.L.L.C.,Cral C.Mitchell and/a Laura,M.P, es 2" r---� ci' q ey -Attic xcC55 panels shall L�mnvroan 2" x50"with a mmirum dear height of 50" t 1 are not liable for structures built from these plans. I vfttx -GC.rr sb carlply to all state aid local codes,laws and rerplation5 rOOE FpAMN6 NOTE5: 1 606 1 -Al dimensions,to be verified afield -Rafter sizes and roof pitch as noted L--_-j FQEPI.AE -CAC,to verify all emstnq site condtion5. -Pxfrq 4k4e5 specified 6 y wneral contractor Nr RP DY G.C. -Any reproduction o'plans without wrrtten permission from M+p Pe51gn -poor verrt.s as shoam I I I Associates,L.L.C.,Lraiq C,Mitchell,and/a Lauren M.Reyes is prolnbrted -Ridge vents as shown(set ridge down 2"for proper air flow) All an srz work to be overseen by licensed ca tracto -Water&ice barrier to cove'all hips,valleyvand one course up from eave 2.0C 6"D.C. -Electrical,WAC and plumbing plans to be provided N licensed consrltatei. -Save and gable end overhand by general contractor 10',0°5roCK -Al pants and fni<.he5 provided by others. -Minimum 351bs/sq,fL load support -AV speclFcaLm to be verified b4 owner and catracto. -5ee typical eave details for rxf tie down recwlrernents I I I -Ederia•wndrw ca5trgs provided by de54giaW lumber yard o.C. 0,-0"5roa aaa 5n37Nr 0.( -Fire sto re red-shall at off all concealed aim �" w/2,4.e�7^ot.mencs tP� cM op >d.minimum: 2d0sQ I6"O.C. nominal lumber regn-ed 20'o°SroU: -5ee table 2505.2 of Ma55echusett5 State Nildnq Code for fastevrr>a 5chedrle. ZO,@16"O.C. I6'•0"STOCK 26s@I6"C.L. Iz-o"5r0C-K z 2-2.0 Fwsn 2-2dO�FW51 W,/HAWFS -W/NMJCEkS N xlo5@16"O.C. 3 N n01(RERAFfg25 16'-0"5roa xio5@I6'o.c VUX ro5jwouw 28'-0"5roa 606 5KY1.1,W5A5RE0'D IZ SKYL&r 12 12 205@16"O.C. 2x8s@ 6"O.C. 12 — RperEf WEiK 12 h 6'-0"5TOCK 6'-O"STOCK AM a Ipr 1616 FRER.Aa xl0s .L VENT RPE DY4.c, C�I I NG RAM!NG p�AN a'o'I sr' 2K1o506"O.C. 1I ISI I 2K12 pin;�w/corer.vENr 2K12 p1nGE w/cor.r.vENr 2,;12 pfnGE:w/corer, 12 2 12 2KIO5@16"O.C. 12 12 24'-0'5fOCK 12 2x6s@I6"O.C. I6'-O"5faK x105@I6'O.0 12 8'-0"5roa 12 t MAI na l� V Q N 265@16"O.C. l2 Kv 16'-0"5rOCK Park Street Center 2x85@16"o.C. 20506"O.C. FV1B 5 Bank Street,Suite 201 ROOF & CEILING PLANS e-0"5roa 2KIo5@l6"O.C, 6.-0"5r6C Attleboro,MA 02703 D a Phone:(508)222-4734 Date:03-28-2006 Tobe Way A S r?00� RAM I NG p�AN Design Associates L.L.C. Fax:(508)222-5579 y y Scale:1/4"=1'-0" Hyannisport,Ivir1 wvrw.mandrdesign.com Drawn by L.Reyes Mellor Building SHEET 5 OF 6 07 WCf'N/CLNL Mf 42 COLS W/CCNT..VBJt A4'1MLfVOCn,V4 5"LES A44NLf P.O7P NL 60 COLL ;071-OL. 4MLI.ES I 12 7JO.V6"or. 7JO.v16"04. 2J0.0161'Or. 7/•.p"Sf(YX I61-0"STIXK 1.10 COLLAR fE5v511'OL, 13'-0"5f0.X 1-7J25fCOPY.CACK W/2.a W"OL.VWX RAFTER(BEAK 2,,1 L N6 Lb ' QW R. LA 11 2J0CSelb"Ot-W/CJO N91lAlUJ 12 17r 2 [M fO5UPf CVr VELLX r DORMr1?5 5 LOPV OP RAFTER MAK 606 v PEYOW RMtEP.[?EAK = (P05fw DO•AN TO HASEMENT) 5KYLICNf . DE0 45 � 13E0#2 _ 7Jp.vi6"OL 1JWslb"oL. 1o'-o"sxgc KN:sWAI-L COWMUCfEO TO to O� 5UPFORf LOAD OF RAFTER E-REAK AM#o E AMA 5 - cREAf t9oM s VmLfEr)afi,l% 2.4PfgflXNv16"o.c. 2.4PArnraJel6^aL. 5'-p" DItJINGkDOIA vNYLWW IAA5TK13,A1W0M CIA`Cf MASfek-x w0m VMM1 nuL EA2ME7.'S I'OR01 _ c MOD ,4417E .4 4VE 40 2d2ee16"O.C.W/R-19 u-,6 T7.6 ON SIJ.sE.v. 212vO13"O.C.W/R-19 1.1.d RJ 51J.SfA1 O O IL` COrfOM MAW ltl CIOCINW - COffUM 1ffJJ97 2J2ORf 4 2J1 LRT RIF- 1/2"OLAUY COL.CN - /7"0'vUY WL CN 10"COXEME OLWAXN 10"CONMEfEfol" WN W/VAMP t"M W/O.UO'WOOFi L 4 ro '0".I'O"COPY.F4: 1/2"AAO •-O".P-0 "1 CSJ.MIJ. W/24 CFI WAY 5 SOO P.51 MN. W/7.4 KFY WAY 4 MN.C&ONLRAOE CE 4•o"MN Oft9w(XWf CCNCREfE F�II•r/ CCNCREfE FCbIKY6 � n 6l.IILt71N/A S�C110N GLaILf71N6 5�C110N " 5CALE5CALf:t/4"-I--(Y 1 _ RAFTERS (W ROOF FRANZ PLAN) 2,r EOLE W.•W..YEIJr 2t RAF TER @I6"O.C. --2d•.a6^oL, COW,ALUNYWM 2.4 910E P1-A5r1C IF 5U1,AfION5fOP o COu 02 W-O"SROL OFF Wa RING J06'" COW ALUMINIM GRIP Eva 17 1 LB FASCIA W/ 5"t4"ALUMINUM 4 CUTTER 2, CEIL.IN6Xrr 2.CE60LJ015rvLYOL. -2J1 sfFiaJL[+A[L a 16"O.C. h8 FA50A W/9"0" W/2.+,en"oL.ro WOE 7-7.4 h7"SOFFIT W/2' AWMIWM CUTTER CONf.f3EAPW VENT �� EA��E b"SOFFITW/2 SCAI-:5 4"-IT-O" •SEE EJf� 2,8 D EAJE -WArERPRooraJG<wArat a lcE EAYC DMAL 62 ELOLW CONE.BEAOEt7 VENT SLALF.:5/4"-F-0" PARRIER)RECAURED 24"UP FROM WAfMOOFN6(WATER 8 kT 62 PLOOKm EAVE LNE PAWED P,EOUVED 24"UP FROM -rvfw TIE 09W16 REOURED IAWE 2-CA}? w/ Yr.fxr. SAVE LIKE _OINT CONNECTIONi AN7 RPFtEF5 GA\Aa -RAFTER rt POMT6 RWURED*WE WEE NOT FMALLEL(VA W NOT JOIN'COWCTM1Ot5 MD RMrER5 TO EXCEED 48"ON CENTER) 4"caPJc.Xw LN 2a,6 w/SEAL ME NOT P"LEL(9'ACN6 NOT -r1E DOWN('7NFIECtiO66RE%RW TO EXCEED 48"ON CENTER) Af OEARINO WALLS FOR PAPaR5 Af.G -TIE DOWN CONNE(WN5REOJ$W ROOF TRU%55 to RE%rmv Ar DEA.RIN6 WN-L5 FOR RAFTERS N\V FORCES 1 ROOF tRU55E5 TO RE%f WAJ7 FORCES 5 UAMAZ 5;C110N Mv s e sveei su a zol BUILDING SECTIONS L1N lJ OB Attleboro,(5, )2 02703 Phone: SU8 222-4734 Date:03-28-2006 Tobey Way A 6 Design Associates, I.L.C. Fax:(503)222-5579 Scale:1/4"=1'-0" Hymnisport,MA www.mandrdesign.eom Drawn by L.Reyes Mellor Building SHEET 6 OF 6 � � � � ca � �� �� c .+ JF I-1"TYP MELLOR PROPOSED NAILER BUILDING & I,"TYPJ 4 HSS REMODELING 0" 13— �0' 1/2"THK PLATE NEW STEEL 9 TYPICAL BEAM 3/4"0 HOLES BA PERCNAE DR. TOP PLATE DETAIL TYPICAL 7",� WEST ARNSTABL ,MA 02668 —5/8"0 BOLTS — — — :111 i 1 TY (3) 1YA"Xll%" LVL " P (� 1 2 TOP PLATE SITE 4 4" HSS " HSS _ + L_J 8" 5/8 4"X6" LVL POST 4"X 6" LVL POST 4"X4" LVL 5/8"THK PLATE POST DOWN TYPICAL I I 5/8"ANCHOR BOLTS W/ W/SIMPSON ECC064SDS2.5 SIMPSON ECCO64SDS2.5 TO FOUNDATION TYPICAL HOLES 4 1/2"MIN. EMBEDMENT COLUMN CA COLUMN CA 8'-3" 8'-3'• i--°--{ - - - HALL RESIDENCE BOTTOM PLATE DETAIL ,2' 7"X16" LVL ® IIII (3) 1�"X 11 6" LVL ROOF RAFTERL BOTTOM PLATE W10X3� — — — _ , B a HSS 4"X4"X}"o. HSS 4"X4"X3" IIII 6vL6" LVL .2 POST DOWN TO FOUNDATION POST UP TO LVL HSS 6"X6"XJ"POST DOWN POST UP TO A&E FIRM TO TYPE 'A' FOOTING SS 6"X6"XJ"POST OWN TO TYPE 'A' F9Q �Cr1G HSS 4"X4"X}"POST ON] "I 4"X4" LVL POST IIIITURNING MILL SQUARE COLUMN DETAIL W/SIMPSON ECOLUMN CAP TO TYPE 'A' FOOTIN NOT To SCALE --6' 8' '-4'=--�'-6" 0'-4 G" CONSULTANTS,INC. S—� 9 _ DEVELOPERS, ENGINEERS r 7 r � r— 7 AND CONSTRUCTIDN MANAGERS Jr— I I - - - THSS 3 OX TUPPER ROAD, UNIT 3 �a L_J L_J L_J L_ L L_.� PO DOX 1159, SANDW[Ca, MA 025s3 PHONE:C" 3-8 (2)13/"X 11 7/8" LVL1OX33 (L 22'-2') SITE ADDRESS r 4"X4"Xi" I Z s HSS 4"X4"X}" _J � HSS 4"X4"W _J POST DOWN TO GIRT �"- PROPOSED LVL BEAM 'L�/ w,ox33 POST DOWN TO FOOTING / POST DOWN TO FOOTING ^z. :y DETAIL TjS=TJJJ DETAIL 1/S-1 HSS 4"X4"X}"POST DOWN • TO TYPE 'A' FOOTING LOT#73 TOBEY WAY HYANNISPORT,MA 7 �SIMPSON CCO 71 COLUMN CAP (8) 16d NAILS SUBMITTALS 4"OR 6" HSS COLUMN 2 GARAGE SLAB _ 1 8 5/8"ANCHOR BOLTS W/ 4 1/2" MIN. EMBEDMENT - 4"SLAB BOTTOM PLATE GRAPHIC SCALE PROPOSED FOOTING A OS/12/O6 ISSUED FOR CONSTRUCTION —4 0 2 4 8 PROFESSIONAL T - Of SECOND FLOOR BEAM PLAN STEEL/LVL COLUMN DETAIL 2 34"x22" SCALE: '/4" 1' s-i o 20' 17"x11° SCALE: 1/8"=1'-0" -4 NOT TO SCALE z, _ #J REBAR CONCRETE CAST AGAINST EARTH STRUCTURAL CONCRETE EXPOSED TO EARTH OR WEATHER: `SI �/��ECV ........3 IN. - \ @ 12" O.C. STEEL NOTES: 1 N. EACH WAY 6 AND SMALLER &WWF1 AND LARGER 2 I IN. 1. CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND CONDITIONS IN CONCRETE NOT EXPOSED TO EARTH OR WEATHER OR NOT THE FIELD PRIOR TO FABRICATION AND ERECTION OF ANY MATERIAL. DRAWN BY: J.P.R. - CAST AGAINST THE GROUND: ANY UNUSUAL CONDITIONS SHALL BE REPORTED TO THE ATTENTION OF SLAB AND WALL.....................3/4 IN. THE ENGINEER. CONCRETE AND BEAMS AND COLUMN&..............1 1/2 IN. 2. DESIGN AND CONSTRUCTION OF STRUCTURAL STEEL SHALL CHECKED BY: RUB REINFORCING STEEL NOTES: 5. A CHAMFER 3/4" SHALL BE PROVIDED AT ALL EXPOSED EDGES OF CONFORM TO THE AMERICAN INSTITUTE OF STEEL CONSTRUCTION CONCRETE, UNO, IN ACCORDANCE WITH ACI 301 SECTION 4.2.4. "SPECIFICATION FOR THE DESIGN, FABRICATION AND ERECTION OF SHEET TITLE: 3' — 6" SQUARE STRUCTURAL STEEL FOR BUILDINGS". 7. ALL CONCRETE WORK SHALL BE IN ACCORDANCE WITH THE ACI 301, ACI 318, ACI 336, ASTM A184, ASTM A185. 3. STRUCTURAL AND MISCELLANEOUS STEEL SHALL CONFORM TO ASTM 2 n d F L❑❑R 2. ALL CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH STRUCTURAL TIMBER NOTES: A36 STRUCTURAL STEEL UNLESS OTHERWISE INDICATED. OF 3000.PSI AT 28 DAYS. UNLESS NOTED OTHERWISE. 4. STEEL PIPE SHALL CONFORM TO ASTM A500 "COLD-FORMED BEAM PLAN WELDED & SEAMLESS CARBON STEEL STRUCTURAL TUBING GRADE A, 3. REINFORCING STEEL SHALL CONFORM TO ASTM A 615, GRADE 60, '.LVL M DEFORMED UNLESS NOTED OTHERWISE. WELDED WIRE.FABRIC SHALL EMBERS NOTED ON THE PLAN SHALL BE OR ASTM A53 PIPE STEEL BLACK AND HOT—DIPPED ZINC—COATED COLUMN FOOTING TYPE A DETAIL 3 CONFORM TO ASTM A 185 WELDED STEEL WIRE FABRIC UNLESS VERSA—LAM LVL WITH FB= 3,100 PSI AND M.O.E = WELDED AND SEAMLESS TYPE E OR S, GRADE B. PIPE SIZES INDICATED ARE NOMINAL. ACTUAL OUTSIDE DIAMETER IS LARGER. NOTED OTHERWISE. SPLICES SHALL BE CLASS "B" AND ALL HOOKS 2,000,000 PSI. OR APPROVED EQUAL. SHEET NUMBER: NOT TO SCALE S-1 SHALL BE STANDARD, UNO. 2.LVL MEMBERS SHALL COMPLY WITH THE INSTRUCTIONS 5. STRUCTURAL CONNECTION BOLTS SHALL BE HIGH STRENGTH BOLTS D RECOMMENDATIONS OF THE MANUFACTURER. (BEARING TYPE) AND.CONFORM TO ASTM A325 "HIGH STRENGTH 4. THE FOLLOWING MINIMUM CONCRETE COVER SHALL BE PROVIDED AN FOR REINFORCING STEEL UNLESS SHOWN OTHERWISE ON DRAWINGS: BOLTS FOR STRUCTURAL JOINTS, INCLUDING SUITABLE NUTS AND PLAIN S.1 3.USE SIMPSON HANGERS LU210 FOR JOIST/LVL HARDENED WASHERS'". ALL BOLTS SHALL BE 5/8" CIA LON. . CONNECTIONS. TMC—S 6.26 .ImllG UILDING DEPT. DATE .I1111nle0'- 1► .111e0■I Ilel/111�I■111►, wilMENT _RE DEPART .mlm� �mrl►= nln► - BOTH SIGMA :: : . .- - _ .iillle°,/i�nllelnilllmf/mm.. , __ - ■iini�iiliiri miiimiimi i lim -- _ - - , .n 1 nEmil Ilk.Impp Will —_ 1 I ` ' i� :��� : : ■�� ' Illmll �mllr ../1 nl II III►. , lim Illmll � mier�t�r°i■°eit ■rrmmm mm �► -o € ••• : �- �mm-,� m nl nl a"■!�"��mmrllmmmnlrn► .�i�ml/' ,�rllm�lllmrllel'rllr/f/rll�(11(f�lll/I�`rlt/Irrlr■mllel►. lei MOVIE mnl�dill�In1�loll" 1lertlll�i iiu010 _ = e■e !mmmrllelr;,;�nlmmmnlmnr��mnlmrr•^-�>III ten.. _- e■� r _ I,e! — _ e��!NOS, - _ ■ _ _ - - _ :tom m i min�ni n�mn�er�rn c66 mn mliilelniim�i !: 1 r rl 1 U _ U===- _ __ - i! ° _ ��e e�� _ rye; mnlml Imlll■� nmm�lernr,•.1_/elmmlmnlmrlle�■���. m — eye = e,e __ _ „�:Leo� = I I = e,e e,e Lip�— Ilmmm nlmnl Imlmrnl■min nnrrllmnlmnlemnr■�Inminimiriniitrnn =_' - mlm��1 111�mll Iel�lllmlllent m 1 mlllI11ef�I11If■nlmlllmmmll 11/I/Ille��nlmrllemllef�rlle��rll■Irrll■I�rlllr�lll�l■rlle�/ no..Ir...m.rrrm..�too 101minmlr�r�mmm.�.m.n -i •Ilrl. r ---— �Ilmmlmltk, Imnn, i■■r L■■■ .imnlmnlmrn. elmnle�. �. —" 'mlmnlemmmn� �nlmm.-- ____ _ ��ei■nrll■n�a■n�■i■�II■r■�II■i■In■i■rn■r.�ll■i■n mmmimmrllmn ■ntrllrmn ---- ilrm�Ir, ■11111■111■I■1 1�1 i,e 1,1 I,r ��� llle►rl u■I�nl■Irn ���'e,� ■■■■ =I000-,�' ... : —.:.Ia,nmtnn nrra Inl .. _ — - -- -- T■nlm■.■�■u■■iin.1111■Irl�I��Illmlll■f Ile�l■� 11■I 1�1' ■.. e,l e,e. _ ■ ■ ■ ■ ■■ ■ ■ ■ ��e eye In'Iml e■r lemnm Ilem>n e,e _.nlem ue ...; m !���;I��� �.....�mlmin� I� _ ■ ■■ ■■■ ■ ■ ■ mm im��i�(I,IIIel,nlel�lllei■Ineml ■IIII lnel�rllemllmnll nr I i� - ■ ■ ■ ■■ ■ ■ ■ ■ ■■.1�/�.�•. •t11/\•�li/r•�Ir/�•.Ir/r•i -li/r•.fr/r•�I.I/.•�/�/\ �1� '�. ELEV • rII • • ' 02703 . /ar Design ax: 1 D: 1 11. Tobey Way Scale:1/4"=F-0" Hyannisport,MA www.mandrdesign.com / ...........I 12NMAL NOTE5: f1 OL FLAN PQt5: -Owe 5 aid crneral calG actor 5111 1 review al phis,notes ail 5p-eaficat— 2-7c10 headers abave all exterior MO aparvg5 Ae%noted otherwl5e. pia o canOx cUai. -ClnSet shelves and pde5 by 6C. •Any:ali,eratlms to plans must be lakes Inds'the advlsemoit d h}+t?De51r.� _20 exterior crostrud:n. . I - _ Assa iates.L.L.C. -NatLrA 141b p for habitatle aha aaipiaW rooms sl all have al exte w _ -M+F'.De5icp 165oclale5,L.L.C..Craiq C.Mitchell aid/or Laren M,revs glazhnq area of rot lei that 8%of the Floc area. .. ` are not hob a fa ytruc4aes b lk fran these pia s. Nalf the regi red area of 4-M-hall be operable, r----+ -6.C.Host candy to all state and kcal codes,laws and rmplatons Attic access panels shall be miner um of 22"x 50"with a dear he qT L of 50": 1 1 -All dmensim5 bo be verified m field. -Eah bats and toleL rain shall be equipped with a rrl?dhaucal exha15t fanard 1 60VEL6% 1 I 606 1 -6 C.to verify all a iSUrq 5Re condr-an. a5sxiated cLdwork cs S0 CFM If operated rria mttedy. -- I I -Anyreproc4 hm ctonofOar5wlthekwrittaipaml5- frmM+F:G.esq �— J fib 1tt9 Pew h.alez,L.L.C.,Galq C.M t hdi,and/or Lavm M.Reues is p dnbted, IWWAX 5fAr NOTES: SYMGzOLS LEGEND; FULLlFY.NP AF r _—— uu L w Ear -All on site work to be awa5eeh by hcawdantra^la, himmm 8 1/-1"rifTs ® I -Electrical,HVAL and OVrAbhnq plan-to be povded N llca Bed cm uUrts. -hla:mm 4"n5a5 Door taq(see 5616'ble) 1= -Ail pahrd5 and fnishes provided IN A has. •Mnmm'Jb"hqh hadalb — OPEN f0 BELOW I , CLWALK"@1 6. -All soenflcatim5 to be verified bu ovma aw ccMractor. -hl "axmm 4 kalla-t spacvq On Wlncbw faq(see sd ecLle) S I 0.0cXr -ederha window casngs provided by de5413ted Umber Ord *OrflON&130 4 41 -f re 5toppir,required-sM1ail cut aFf all cmcealed openin o.mrimm 2" 0 '!Motasen5 Uwe s oke c<<te tx GONLIS p0C7M �," _ nominal Wmbe-required. - - a.n 4.N7NSWb. LL05Er +; E'h o Woon�Aamr w/s, sao_.aRrus e 13W#2. _ -see table 2505.2 of M.aesadv5elt5 Slate Oulldi'M Code fa faAmnj 56wcble. O Combnatim cabal rmroncb/ 0 Broke deteda ® p O 0 10 El s 135 heat detata - - /�/p\\ OFFN WO�.RMPL' T ❑s 0 c p Ib'XI9' MCK GY G.C. ❑ ' ®, fail101L rf7°/ [LO°Et--_� D h M`._' ❑ (P.r.Pea F mN6 W/ I - - `_ aO5Er - COMP051rE VE9DZ MATERIAL) - O rom _ MIN. ".56'• 7.-' "IS ACCESS MEI 11 2.6 Will OGEN f0 FULL asrlGtElair GEn #3 LOWmerAL GAIN. - MCIN ^ 1 ) KCE55 PA'a Ah1 55 EA11NG ❑ VELuX` 10 0 Cc G E E E 606 I ' cow _j 6ffff Poorn 5FCONn FL00p PLAN a = � FRffLA� Z _ 0_ - G • KItC I�N -SCALE: li 9"-I'-O" D Q 8'-1 1/6''POUCH CEILING FEICK ANDERSEN WINDOW 5C!•Et11LE f>EEAM CW+PT s Ruc uRAi LA\/, I ---- 9�5 SCE lPf E FE'sf(61VING SPACi ONLY) •� ca- AAA ril _ flLl 12 _ —O I = fYFE MOVEL OrY ROIIOi OFENNG MENDER CLEAF IACAr17F1 ' • REF_ OVEtS _ LENGM 5PNJ 5 2-6 1/8'44-8 7/6' . A VGIIOLE H1pY 2116 . - _ DALCOtyYL � g � I WRK-N , W� I 8'-1' b-8' LREAfRCOM CASEMENT C265 _ I •O LrT.S'-5 s/8" t❑ 2 8'-4' 11'-6" [REArROOM POOP5cFfmlE Der wtici M AM#2 I ---- c L70WLEFUNG 2152 2 2 6 lib a s h/a' = 0 [BE I s s'-o° hz-4" EAre� MOOEL orc r DALCANY tE,E ' LL05Ef I - � D VOMEWNG 211e-2 6 V-113,'4"rl'-8116' LAUN17k f ❑ s" CL05ef— e cLo5Er + 29'_," +;; LEa1NG<2W FtOOR) E VOUDLERM, sae 5 6'-2 I/8"�A'-8 i/6' ❑1 T-O".6'-8"''-N(RY VOOF:w/RtArsctMfwE . - ACO COLUMN Q - F VGUEIENIP{4 2Mbb I 7'-55/8"r1'-87/B" 5 1'-FJ" IT-6" M/6fER DEq'OOM ❑2 S'•O".6'-8"2-IfIE I ❑ J.51EF5 - -' ❑ G AW" AW2& b 20'•8' le.�•; L.AV.,MASTER CLOSEb Q 2•6".6'-8'6 PMEL M - 2 b ? 2.�8"�2"�.1/Ba 9Y GL. ® b-O" 6'-8"EXtER101t FI?EN01 ArPJ1M I 19ININCA WOM M.GA1N c -FeoFOSMLEfly6L AFnNa a NuxERss�Wrt STRI1CtUZAL ENSWEEz tOPROVIDE = 51UI7Y 36 F FINK-501EG11LEDY G.C. CALCllLAfI0N5 FAZ AlL DEANS 5❑ (2)2'-6".6'-8"6PME. I 0 •GG f0 VERIFYR(U(H OPENIYb lMM MlNIFKNRCt: Nis -EXrE\MN JAMD5 REMPell FM WTllLMS LOCAM'W 2'-8".6'•8"IN?.FQE RArB7 1 Z6 AW 20 MLRIUVOFb .. - Ell (2)2'-6".6'8"MMIOZ rvalm 1 - 2 6'-6"6 9 6'-���xb 2-CAP.GNZAGE - 6 L PMa A "I o -SLOPE C.-RAa FLOOR S V r0 ❑` ® 2'-1'� �EL 2 O 4I OVEMEH7 VOOR516 MEW- V V _ II 5'-O".6'-8"'Xra210R I .i •MINMIM ILAIER OF S/8"FQE A FRE J0 RMNh R Of 9/DY COVE 12 2'-0".6'-8"6 PMEL I —3 '�s 9 - - ID I'•6 .6'•8"6PMEL I _ IDI _ • - x . " Park Street Center 1.00p PLAN �RPhone:5 ink Street,M suite 20l FLOOR PLANS A Attleboro•)2 02703,• (508)222-4734 " Design Associates L•.L.C. ) Date:03 28 2-O" Hyan s Way -SCAT-E:1/q"-I''0 � Fex:(508 222-5579 Scale:l/4"=1'-0" Hyannisport,1v1A -8'-I I/,8"POUGN CEILING I EICW www•mandrdesign.com Drawn by L.Reyes Mellor Building SHEET 2 OF 6 1,620 50U.AF FEET(LIVIVG 5PAa ONLY) +� r SEf IN 12"jl LOPi:.FBLED - _. 5 -y_ „ ,. C�En1ERAL NOTES: - _ - -Owners and opieral carlxa:tor 4iall review all plans.notes and specification - - . MEfu aaurxf r- -- , p-ia to cat5lvdun. -------- - OY L.C.AS PB'IIE I I .• 'My alterations is plans must be taken nnda'the acMzemA of M+R D� - 1 I As�Y;lates.L.L.C. I I 1 r-----' ---` 1 cox -M+R l7eaai A�celale5:L.C.C.,Craw C.Mitchell avJ/or Lwm M.Reyes . (- ---------------- -----------------' L------ -6f.are 9tcpnpsWdll5,L mflfracalco dais. -GL'.must CCm�ly to all stale aid local codas,laws and recplatlan5 .. . . - - I - ------- -- - - verified 1 EAN LJ DFAM -- ---------- ----- -- - , , I All ctmemlms to be ei Udd I I Fox FOX 2 E .6'-8"DOLK � 1 -6f.to vet&4 all existn site concRUm5. WrON S(}IEIULE I I _ I -Pn4 repodicUm of plans wlihai m y.ten p-rmn551m Fran M+R t7e51cn 2av j I AyXlate5,L.L.C.,Craw C.Mttchel!,and/Cr Lauren M.Reyes 15 pro{nbrted g - - I c - I I I I A!on site work to be oveseen xl Ike sod ca trata. 1 I 1 I -Electrical-WA.0 and dumblnci plans to 6-,provded by Mooned camkar s - I -AI pants and finishes provided by others. ` iI -AI SPe Ificaaan to be verified kAl Owner aid contractor.- . 1 - ! W.SA�I oSrED DeLowwFFORr _ _; I -Exterior wncbw castlgs provided by deslg�d limber card. I I FOR DEAM>'41N 2.V FLOOR _ " �. -Eire 51oppret recpred•-Shall at off all cacealed openvgs,m1n1n m 2" Y I CEILINO FOR EANKDREN:LONT I I nrnrJ Umber recpred. - ! VER1fY FLACWNr0W4M I -5ee table 2505.2 of Ma55_xk*tth State EUilckni Cacti fa fa5te n4 deride. I 1 fYPKA METAL I I - a � •. I I --�. DASEMENf5rt3l I I . �42 �'- FC"UWAfON WS5: r -� r r r- r -� r r -� r- 1 I = -10"concretefwndal.lonwall ude'xotherwiseroled. r _ - I I 4 1 4 1 4 1 I I 711 I T 1 1 Fo ndSUm cT o ete to bo men m .000 p.s.l.in 28 da{5. L--J= L--J L_—J L--J L_—J L--J L--J DEPM I I -Al dabStobeminirrum5,500p.s1 i I FOX(- _ 4-2d2XfON5f'01.&LYCOLUMIS FOXE`I I -AI fAmO5 to rest on wJ5hu-bed wl. - - - I I = r--� r--� W/coNatreFoorrr6 I I I - 1 n I I -fondaUm walls to extend a mnl'nm of 8"akwe fnizhed Orad°s - „ I 1 v - 1 I I I -51abs shall be a mnrnm of 51/2"thick a:mmimm 4"gavel L--J L p L. I I - .. ca+c. I �_ •, " � I -b end, y vap7r glad with Ards lapped nd less Dian b'.shall be placed betwee ba5c and slab. '.�CaraX slabs to 6e n141PUr,9"thck m mmmum 4"gavel.. I -Na fill$tall rot be paced vUl wall has wfhc16nt Arerglh. I I I - fyF, I -Dralrage 5y5t.em5 to be provided around bottan of fardatun to be dakav tiles, I I I I gavel,cru5hecl stone dams,m perPaated plpe� 20"a 10"concrete fcotlna5 with 2"i 4"key way wide;A carrete fardbUm 1 I 1 I 1 wall5 mmnrn 4'-0"below Bade. 1 1/2"O arrhor bTite rroxi um b'-0"c.c.and no ne>r e than 12"off wwr 5. •, I. - � I -t7zmpp•oofnu{reg.+rrd from icp of fcdr>a to fnlslied gace. _ v 1 I 2-�W,CAW16 1 L-------- ----------------- I -51.0'E CJRAa FLOOF,5LV ro 1 - .. 1 OVEEMEADD006ASMURV I r --------------------------------- I ------ I INFERYJRSfAp?nlorES: 1 -MNM1M I LAYEI'OF 5/8"FRE I i 5"CONCRETE 51-Pfs ON _ �Maunum 8 I/4"nsErS - p' I .-Maximm 4"rises I RAVED GYP.A5 MUM DY WVT I " ^ t I 1 I UNEXCAVAfW FMPAM I -Mirmum 56"hit}I haidail5 -Mexinum 4"ballast spx'rq. .. --=-----------J _ IL---------------------t --------------- ------ t� - /5fe" G(FJfE fL(AT FFL (SEE T'aA O SEE rLSCK RANICFEQE rrAMAL'PLNJS) IMAC b'4"OC.M,V-rT• cm _ 2 F MN.v,COCA VlD 2-T.b SN. MIJ.v CRAVB �. it `! 2,IC(W"X55KFAYAY �,E' IC"camfE rNDAfcN ,. , TO"JO"CR1MA'Ui wu+ MN.A'O"aFIDW R'NJF A51=rN FMf 9111 �GPpAG� VO MN:1/T"RY4( f '.4cowfU05"AY _ b ME.PrnrvMYR Park Street Center V 4197 7057E aM> Y' 1 R�, t''1r Jl'1 5 Bank stree�sL,itz 201 F03-28-2006 TION PLAN \J MN.1"60M MN.".0--v LTw OLDS ^� �U Attleboro,MA 02703 ` 1 J 1.1 Phone:(508)2224734 Tobey Way �u��pQ Design Associates,L.L.C. Fax:(508)222-5579 Hyannisport MA fO SCALE Www.mandrdesign.com y . ys Mellor Building SHEET 3 OF 6 • 2x125@16"OC. 2x125@Ifi"O.C. GEPJERA- fLOGr:FRAMlkkG NOT5: 4'O"STOCK Owne s a d ce u al contracts 51 all review�I d a s,notez and Speclflcat ms -Cave t"i Lmbn'floor framlroi ey5t<m verified by arppl%L . R'-6"CLEA mi '-6"C STOCK rim)olsi.to 5urrand permeler of fra,1110;4z 1. #' I7'-6"CLEAP,5F'AN prior to cmAructim . -Any alteratlau to plans rru4 be take undo the acM5ane t of M+R De q Shcd bkx Au q abae al!bea nq partdlan and gvth &%ciAe5,L.L C -Coituua5 b'idgnq at all mld5paiIs� - 205@I6"OC. -M+R De51gi Mwiates,L.L.C.,CragC.PAA6dl aid/or Laren M.Reye5 -Dante oI5t5 ad havjcr5 a5 regie ed. 8'-0"5TOCK a not!,able for 5truchre5 bnA.from these Ilan. ' -see floor plans and fandAoi idai for all dmensims _ 7'-b"CLEPF.SPAIJ - -6,C.must cunply to all state aid aal codes.laws and regAaLlcm Maimuni I"airspace betweai all masaril and fraroiq y -AI dmoisias to be verrled In field. -77 -6.6.to verify all of ist al 5,te caiddna. tJTCRC>R 5-,AP t Y7fE5: 7 -Any reproclictlon of plan5 withM wrdtai pami55tm from M+R 12e5m -Mmmm B 1/4"n5er5 GFEN fO IT OvV u &wciate5,L.L.C.,Craic C.Mdch,il,and/or Larei M,Reyes i5 prohibited -Mmmurn 4"n5a 5 -Ail ai site work to be over5em hi Roared rmtrxto. Mu must gh ha4a115 • -Electrical.M/AC and plumbing plats ie be provided by licensed soiallad5. -Maxmum 4"ballast 5px"j 2x125@I6"OC. -All paints aid finishes pranced 61 other5. 16-0"{TOOK -AII wccificai.ion5 to be verified by orris aid caitracta. l6'-6"CLEA15FM -Exterior windeM ca5ei115 provided LN cLmiated imbe yzd 2x125@Its"O.C. Fre 5tappng requved Shall cut off all c ncea ed op nu gs,mnmun 2" f3EAA1 I 4'-0''5TOCK M1 raniaal Ember mpired - -sec table 2305.2 of Ma55aclu5eU6 State Cgilldny Coal for 1`45tairq 5checLle. P.f.2,10,el9'O.C. - ' - G AM rig . w-o°sroa W/NNJCEPS - + - RI1N SOIL PPE OFEN TO ' w Z6 WALL 6ELOW ` DELow 2xl25@l6"G.C. 4'-0"STOCK 3'-4"(L 2.10 P.r.WAWVV, . EACh BA"WIM I/2' - 2x125@Ib"O.C. H.MYkRS AS REOI1Rft> - - IB'-O"510CK 1T b"CLEAR5FAN 4 21I2 6V DELOJ✓ 211 5@16" 125@I6" 20'-0"STOCK 24'-0"5TC&K "x 2 @161, . - 18'-II"CLEA15pm 22'-6"Cl.eP6FAN 18'-0"%OCK 17. 41 GLEN 5 AAI 5�CONn FLOOp MAMING PLAN _ - SfAPri 4-2x12 CAM MIVVV OPWN& NO : F,00(?TAMING CAN(3F MON"MP TO zxlz Garr lrn/ COMPLY WITH T.J,1, J015T5, �fp1:5&`.eACING, XI 5@Ib"1.6 11 1 TO Crc C&CULATP aY A LICM5�12 5TUCTL M, 8'-0"5f0CK �" FNCAMM. CALCULATION5 TO M %WIM213Y 5AMF, b' b"CLENSFAN ASREo'n - c 2-CAP.CiAFAC6 -5LOPE WACE F1OM 5LV f0 OVME/L'VOLT5 AS MUM . -MNAUM I LAKE OF 516"FCE RAMP CV A5 P.WJPW DY COV5 2x125@16"O.C. 178 1, 5 Park Stree�Suitte 20l FLOOR FRAMING PLANS Design Attleboro,)2 02703 A I Phone:(5t)8 222-4734 Date:03-28-2006 Tobey Way l/�\i I II\51' I 1.001\ I'I\AM)NG 4 P AN - Des; ,Associates L.L.C. Fax:(508>222-5579 Scale:1/4"=1'-0" Hyannisport,MA www.mandrdesign.com Drawn by L.Reyes Mellor Building SHEET 4 OF 6 GENERAL NOtE5 Cell,INC,FRAMINGNOT5: i -Owners and general cattra:•a shall review all pans,rotes aid speclfKatxns -see flar plan for ctmvsian - - - - prior to construcbm. 2011,6./sq.ft.live load -Any alteraban5 to plans must be taken undo the ad'56MA of M+R Pe5icr -10 I1,5/ 5q.fl,dead load - - - - - Associates,L.L.C. K.P.spruce 112 k4n:v.or F{i{r .-M+R(2e51gn Avxrlacez,I.L C.,Crap C..Mltclhel and/or lai'ai M.Reyes -Po.bc access panels shad be mmmurin 2:2"00"with a mlm'rum dear hel,�rt.of 50" 1 1 are not hake for structures built,from these ptahs. -GC,rrurt cmiriq to all state ma kcal codes,laws aid recplaba,s ROOF FPAMNG N.7TE5; 1 606x -All dmen510ns to v vo sled m field -Rafter sizes and roof prL,'ha5rotod - " 'L---�' FKMnIX _ -6C.to verfq all eustmq site cordbms, Raafnq 4 hies specified bq cieneral cadracto, - .. - - Mir PIPe OY 6, . -.Mq reproclicbm c phis without wrd,ter pmn1554m from M+R t2eslg1 -Roof vents as shown. - - A55xote5.L.L.C..Craiq C:Mitchell,aid/or,lauen M.Rege5 15 pr lubdea -Ridge verds as shown(set ridge darn 2"fa propFr air Rcn) -AII on 51:e work to be-overseen br hce'h5ed catractcr. y - -Water&ice barrier to ewer all hips,valleys and are carse up from eave 2 -Electrical,MiVAC and plumbing plans to be praised b4 licensed cmNants. -Save and q#ile end overhang,by general cm JOsel6"O.C. contractor ' -. •. 10'-O" -Al:paints and fml5he5 provided bq othersMlnu um 55 Ibs/sq.f} I ad a pta t -Ali specifications to Fe verified bq owna andcortractor. 5ee t+tplcel cave details for rrf be cbm reotnremcmts -Extcar&wmcbw casinos provided N cesigrated lumber qa d - =10s016"O.C. I Ig,-0„SfOIX .4a3 sm�l�. Fire stoppmq rec,i red shall at off A concealed openings,minlmun 7" naomal lumber re urea. w;.. .v^oc201-015 a, x'-o^shoo. '. ,see table 2505.2 of Massaclv5etl5 State f�,ddnq Col fa fasehnq xhedfle. • .. - � - .. .. 2:ps�i6"O.C. 2x6s@I6''G.c. - _ - 12'-0"50-K - ` 2-2a10�FU15N W/Hma]F5 n DEOJx1 s= — v r N x1Os@I6,,O.C. s varxERAF EW Ib'-0"51OCK x105@I6"OE vEl ux ro 511ma v 28'-o"5T0 606 SKriIQ1f5l6m' 'r - 12 12 12 2K8s@Ib"O.C. u r A 6,-0"5rOL � 2K85@ 6"O.C. ' . . I2 ,6'-O"STOCK 12 ' vENr PIPE 6Y G.C. rl ' 0"5T0,1 u C�I�ING ��AMING ?BAN ' 2xlOs@I6°Ott-. • o _ I 18'-0''51'OCK Z612 RIl GE W/CGIJi.VENT 2,12 R112GE W/cONr.VENT , IIzxlzRVaw/ orer. , : 12 t 2 12 2K105@I6"O.C, 12 t IZ <<^9'-O'STOCK 12 . a •• F 2x85@I6"G.C. K105@16"O.0 h 8'-0"5rOCK 12 wZVV OnYrUf 2x8s@Ib"O.0 12 2 c I6'-O"5rXK Park Street Center 2x85@I6"O,C. 2x85@I6"O.C. •s Bank Sdeet.Suite 20l ROOF & CEILING PLANS - b'-0„5fm 2KI05@I6"O.C. 6'O"Sf0 K A\ /� aR Attleboro,bAA 02703 0 p00� pAM I NG p�AN Phone(Snug,22__55 9 Date:03-28-2006 Tobe A5 , Design Associates,L.L.C. Far:(50&)222-5579 y y Scale:1/4"=1'-0" Hyannisport,Xm WVNV.mafldfd@SIgp1:COfT1 Drawn by L.Reyes Iefellor Building SHEET 5 OF 6 r ' .D KDLF'N/_CNf.v81f - -r,ii J2 RDLE W/ca4tw f 151"U.f I'CL'H • 9PJLLES - . A91Mif E(IA N: - 1,000LL ;.)?"OL. 9P u5 122 �1 �12 7JO.aE"?C. 1 7.P7..16"OC. _ 1:JO.N6"OL. ' 1+'.p"5f(13 161-O"5W L htt)(CRI.M f[5.^:"cc 13'O"6fcu I1J?SI�IYAKA . .. Vw(8 RAf fEP W,ElK _ II ?JO L!eld"OL_W/ESO N9JlAf,]J I? n ' fO 5JPPCK:f VELLI( C'ORMEPS 5 LOW?OF RAF rER ERE* 606 E+EYL'N7 RATER OPEAK = (F05rtG DOWN f(113.A6EMENf) - %vlar 6Et7^5Q3 13V#2 ' 503 Ktf EWA.LC0WfRU(fED fO - SJPn`iRf LOAD OF RAF IWMAt co 0 IL reAra,«y - PE.AM o GREA.f 139OM Y 1.+Mn".16"O.C. `j 1d YACML'Fl.16"OC. tiPllLfF.D LEIUh4' • ' ` 5'-O" DIWINGPOOIAQD YLWm; MAStMDA.NVOM LLOSEf A1A`.'fER3EGT370M vNn91Nc FAPMEP,'5 - - FOROi _ :wFANs 1 3EYi#D .1917E 1�4 .. ` 1J4 iN -2il2selc"O.C.W'/RI'? 17.6 AJ SLL SEN." N RLSEAD DL(AT1L' - - DOffOM 6fAGD nsAfa>1/2"OLLLLY COL.CN1/2-.4f IYCOLCmaFferow?Ana!W/DAMW2WFN:f9/0 ?.,p��,I'-0"COnK.r2 I/19./O55Q7 FSJ,M1l. Wi 1,+EFYWAY fO 9,5 , . . _ +KFY WAYOMIN.Da42W6 D[ "MN.Daav(FIDE -. I CQJ cCNcera rL17nJi5 CRER L571FY6 61111 t71NA Ci10N , ' GUILn1NG�CnON Ao SCALE:t/4"-P-O" , \L1 5CALE:1/4"-1'-0" RAFrW6 '-C.J" • Ic�'-�)" -(5EE ROOF FR/M'ZnAN1' • ?J?POCEW CON,,MT • - 2,RAF rK®I6"O.C. - - . 1d'.aE"OL. - - CONE.ALUINWM 21419E PLA50L?.EULAfGNSfCP ^ - OCOLL ES.b?' Ib`0"Stu ' � vo EOa - RING J'?G' CONf.AWMINJM GRIP a16E .. I? 1,8 FA5(JA W/ ' - - (AJrrcP 2,CEILING JOIST a«noc JDFw.w•DL. _ '1J?50YAYDAO ol6"O.C. 1.8PASCIAWl5",4" ' wi na.51^OC.D RDGE M7"59FFIf W/7' Ai1JW W M QWK 77.+ CONE.DENIED VENT - I I f.SAVE _ b"SOf FIf W/7 FAve RVI 1.2 ftoouNG. 12A5Et7 EAJE CONE.DEAVED VYNf -%VAfEPPP.00FPJG(WAfa'fl ICE SCPJ.E.S/Y'-I'O" - DARF,�R)RE(JU�E0 24"UP FROM •WAff�P00`tZ(WArW fl hf h2DLOCKk�G � EAVE LP[ 2.1.6"OC. WV)PWUMV 24"or FROM -rW rOR FIE 99Wf5 REC4a2ED VAVE 2-CAP W/f r.a, EAVE Ltf .OINf C0WCWIE;A'•f)RAffEF5 CpFAa _ •RAFrE?fE OCA4N"i REOUIPED%WKE _ ARE wr PAP.ALm(SPACINGN9f JOIN COPBJE(n9*AWRAFfWS fO EXCEED 481,ON CFNfER) 22,W/5M ARE wr PARN.m SPACING N9i. •FIE DOWN G)PAIECfpt:6RE0URa7 i"CONC.9AICN Af DEARm WALL5 FOR PAFIER5 PN% feE9m4 or4ONCENIk'R) - 'lfcw�s MUM,- - Af OEARIN'WO 5 FLR RRAFMR5 MD ROOF fP.11%ES f0 P.E%f Yk17 � 1 FORCES Poor WJ55E5 fD RE%f W" FORCES Ai SLALE:1/4"^I'-0" '5 Park n}ksveet s te201 BUILDING SECTIONS AttlPhone: (50)2 2-473 uY u 02703 Phone:(508)222-4734 Date:03-28-2006 Tobey Way DesEgn Associates,L.L. A6 C. Fax:(503)222-5579 .Scale:1/4"=1'-0" Hyannisport,MA www.mandrdesign.com Drawn by L.Reyes lhlellor Building SHEET 6 OF 6 TOP FNDN = 30.0' SYSTEM PROFILE TEST HOLE LOGS 0.20 ACCESS COVER TO WITHIN 6" OF FIN. GRADE (NOT TO SCALE) ACCESS COVER (WATERTIGHT) TO AH OJALA, PE ' WITHIN OF FIN. GRADE ENGINEER: 29.0 MINIMUM .75' OF COVER OVER PRECAST 6 G D ,. 2% SLOPE REOUIRED OVER SYSTEM 28 p' WITNESS: GLEN HARRINGTON, RS I BOARD OF HEALTHRUN PIPE 27.0' 150p FOR FIRST LEVEL 2' DOUBLE WASHED PEASTONE DATE: _ 7f 24/02 ocus MA PROPOSED 3' MAX. PERC. RATE - < 2 MIN/INCH APPROVED DATE -- 26.04' GALLON SEPTIC 25.79 TANK (H- 10 ) GAS 25.37' 26.0 CLASS I SOILS P# Q' 12.91 •; BAFFLE 25.54' JF o =1 0 O C1 C� 0 MIN 25.1-r C� .� 0.M M [� SLOPE) �6" CRUSHED STONE OR MECHANICAL 0 0 0 0 0 _ ' COMPACTION. (15.221 [2]) ELEV. ELEV. CRAIGVILLE BEACH RD. ° 10.51 9 2 O I D �7`Ea,. L7 O C1 a 0 0 2 3.17 1 2 ; DEPTH OF FLOW 4 MIN ( 1 % SLOPC) Q 28.0' 0lp 25.4' I. Q TEE SIZES: ( % SLOPE) INLET DEPTH = 10° 3/4" TO 1 1/2" DOUBLE WASHED. STONE A A 14 L5 LS OUTLET DEPTH „ „ 6 10YR 5/3 2 10YR 5/3 LOCATION MAP NTS 7.77 B B /13.10 LEACHING FOUNDATION-- 14' SEPTIC TANK 13' --- D' BOX 22' FACILITY LS LS ASSESSORS MAP 246 PARCEL 80 10YR 5/6 10" 10YR 5/6 24.5' �• 16" 26.67' ZONING DISTRICT: RB ` 10.64 /• B OT, TH 2 = 15.4' YARD SETBACKS: , FRONT = 20' 10.45 , ' C C SIDE = 10' 1�13.12 PERC MED/COS REAR = 10' {� �• / MED/COS FLOOD ZONE: C r 2:5Y 8/4 2.5Y 8/4 I i r � 120" 18.0' 120" 15.4' ' STOCKADE FENCE NO WATER ENCOUNTERED 71!�`; 5 30.61 +19.3 2 2� 2 2^ �� 130,37 i .� 7 2' 5. 5 (u STOCKADE +23.41 +2 5 - LOT A +29.04 wc� FENCE � 30.96 PB 505 'PG 18NOTES: . - - +30.40 ASSUMED 1 . DATUM IS A-lT57 +19.3 i 2. MUNICIPAL WATER IS AVAII RA I F +27.83 +28,6$ i 3. MINIMUM PIPE PITCH TO BE 1/8" PER FOOT. -41'3.68 / +26.53 4. DESIGN LOADING FOR ALL PRECAST UNITS TO BE AASHO H- in 5. PIPE JOINTS TO BE MADE WATERTIGHT. ' �6r LOT AREA / 6. CONSTRUCTION DETAILS TO BE IN ACCORDANCE WITH MASS. ' 21'4 41,156t SF +31.5 `�� ENVIRONMENTAL CODE TITLE V. 7. THIS PLAN IS FOR PROPOSED WORK ONLY AND NOT TO BE +13,96 is, s TH2 +27. 7 USED FOR LOT LINE STAKING. P -1 30. WIRE - ` -_ __ _-_ _ _ �_ 8. PIPE -FOR SEPTIC SYSTEM_TO�_SCH. 40-4" PVC. , +32.57 9. COMPONENTS NOT TO +27 32.20 BE A B CKFILLED OR CONCEALED WITHOUT UTILITY OLE INSPECTION BY BOARD OF HEALTH AND PERMISSION OBTAINED Q3'1.36 FROM BOARD OF HEALTH. +28 10. CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING THE i 21.10 9 , ' -}-27, o LOCATION OF ALL UNDERGROUND & OVERHEAD UTILITIES PRIOR N/F TO COMMENCEMENT OF WORK. o cv EDNA E. ANAGNOS •' +18.1 o DB 3659 PG 53 TITLE 5 SITE PLAN 21. 1 PROP. DWELL. OF ,,. 7 .2' TF = 3D.D' 73 TOBEY WAY +1 .42 - - +29.49 IN THE TOWN OF: + 0 +30.18 � r I z W +2 7 +27.61 WEST HYANNISPORT MFQ 60.7' HED PREPARED FOR: CHALES AGGOURA G 17. 7 S i � 0N N j 3.16 / 20 0 20 40 60 Feet 23.4 SCALE: 1" = 20' DATE: FEBRUARY 17, 2004 UTILITY POL 7.18 + 4.87 I y LZ +29.24 EXISTING LEGEND DWELLING N OF hf,; � tH 0f IA4s +22.37 IR N + 6.56 100.0 PROPOSED SPOT ELEVATION o`' ARNE H. ctic ARNE , _ 50.3 ' +26.44 RESEFVE 2 TO IP P T \ OJALA H. L F SHED 24,52 o \ ^� l 00x0 EXISTING-SPOT ELEVATION OJALA ti CIVIL y No.28 ,p \ •o No. 307 ,� SEPTIC DESIGN: (GARBAGE DISPOSER IS- nT Ai I o+rn GAS �N �o,� \ j 100 PROPOSED CONTOUR �S �� � � o uav METE \ £ S /� I DESIGN FLOW: _52 BEDROOMS ( 110 GPD) _ 550 GPD \ \ +29 74 USE A 550 GPD DESIGN FLOW 24.99 100 EXISTING CONTOUR AR ALA, P.E., .S. DATE '\ s-�r3 EXISTING 28.04 SEPTIC TANK: 550 GPD ( 2 ) = 1100 ° GAS GAT rWl o DWELLING Z� \ .s`6� ob . USE A 1500 GALLON SEPTIC TANK `n g5.2$ \ a 2a o \ �' A,\1' w LEACHING: - ti D 2(47.5 + 10.83 2 .74 - 172 3_ - SIDES: ( 1 ( ) BOTTOM: 47.5 x 10.83 (.74) = 380 FOUND I N P , 50.00' �- 9r TOTAL: 747 S.F. 552 GPD =- ; USE 5 500 GAL. LEACHING CHAMBERS ACME OR r' _ 288 -`afD_ OF PAVE ® 1' BERM Q`; ._.'.'_"_ 14' polooppoo _ \ASEME�NT_ • _ TO TOBEY WAY I EQUAL) WITH 3' STONE AT SIDES AND 2.5' AT ENDS 31.29 _ -______-- 12' EASEMENT off 508-362-4541 BENCHMARK ._________�_ fox 508 362-9880 ' NAIL IN UTILIT?'POLE _------ ELEV. 29,2r, -------_._ I t' LOT 2 PS 534 PG 44 down cape engineering, inc. ; CIVIL ENGINEERS LOT 1 LAND SURVEYORS ` /r PB 534 PG 44 939 main st. yarmouth, ma 02675 03--088 :. : it i j 1 50.00 I j 2 f EXISTING o i �OiFDWELLING I 9 311.00j 1 — 24.16' —E(c:25.42' { BVW `A !I ! PROP.I 15.00' R:SPK I' ADDl t —/ _ 1 12'EASEMENT _ I 3 �� LOT 2 ° r1 Sri r-, _� } — i r -16- , \25,500 SF. IM ! PRO / --- — / / ( }I GAf� c 1 `Icv _ - _: _ n�- BWU 3 �N 1 L i FUTURE l \ � 328.00' / ry / / 1.07 ACRES 12,00' 29.33' IN <t LFi,IPE XISTfNG 19.63' 72.5' 04 FOUNDATION M °'Bo I� 165.3661.01, ' ►� _ J 183.10' / 107.39' I i l j 40 0 40 80 120 SITE PLAN OF LAND LOCATED IN HYANNISPORT,MASS. PREPARED FOR M , ' CUSTOM ONE BUILDING CO. / c, a !:r DATE:FEB.26,2001 SCALE:1 "=40' . , FILE:382BA L1 TOBEY - --- CAPE & ISLANDS ENGINEERING 800 FALMOUTH ROAD,SUITE 301 C MASH PEE,MASS.02649 [5081477-7272