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HomeMy WebLinkAboutCertificate of Appropriateness Town of Barnstable Old King's Highway Historic District Committee atis�r z 367 Main Street,Hyannis,Massachusetts 02601 "` Telephone(508) 862-4787,Email a ce.ro ers�7atownbarnstable.ma.us 834 1 r° a e` �S^k pF BA0.4d5t4 APPLICATION FOR CERTIFICATE OF APPROPRIATENESS Application is hereby made,with six(6)complete,colored sets,for the issuance of a Certificate of Appropriateness under Section 6 of Chapter 470, Acts and Resolves of Massachusetts, 1973, for proposed work as described below and on plans, drawings, or photographs accompanying this application for: - '� .g� Date Built� Map&Parcel - ---------' Property Owner phone � � `� .� �� Street address ► ! r Email Village VIT . Mailing address �� Signal-14, ignatu1LIA67,11 Agent/ContractorPhone cl_t .. Agent Address Agew Signature ✓ t L `—r 1 If approved, the Certificate of Appropriateness expires one year from the stamped approval date or upon the expiration of a Building Permit, whichever date shall be tater. A one year extension may be requested, in writing, to the Old King's Highway Administrative Assistant at 367 Main Street,Hyannis,MA 02601. This request must be received prior to the date of expiration There is a 14 day appeal period plus a four day waiting period for all applications after which time your approval paperwork will be available for pickup and building permit sign-off.All applications are subject to meeting any applicable building code requirements. Check all categories that apply Building Construction New Build Addition ❑ Alteration Residential COYnmercial. Type of Building P<anse kj-Garagc 7 Bam Shed Other ProjectRoof Windows/Doors �'�iding/Painting Solar ❑ ether Landscape Feature Fence ElWall Flag Pole F7 Pool Other Sign New Sign Replace Sign Repaint Sign / Other _ Description of Proposed Work J for Committee use only This Certificate is hereby APPROVED DENIED By a vote o Ave Nay Abstain Date Conditions of Approval CERTIFICATE OF APIDD QPRIATENESS- SPEC SHEET CHIMNEY Material ; Color ROOF�1ks�T Make RoO,f Pitch(s)—(7112 minimum) � I ------ -- -- - - (s ec � ��•�•^��-�� ify on plansfornew buildi g nr' �or additions) (r1 TTT>"+'i2 �� •� Color WINDOWS,DOORS, TRIM,SHUTTERS,SKYLIGHTS Window/Door Trim materialWood '"-------"----------" -- ' - - ------ ------- , Other specify Size of cornerboards ------------ -----7 --_- Size of casings(1X4 min) _- Color - L _ L - ---- -------- Rakes 1S �naber ;r------------------ 2'd Member --------------------E ----------------- -------------- ----^--- -------- Depth of overhang L---------------- Windows: Make/Madel r - -- - Material ; Color - - -, Window Grills Divided LightJ _ suers - ' Grills Between Glas Removable Interior No Grill Grills ' r- -�` " � ' s Grill Pattern Vr Doors: rle&Make - -^ ---- --- - - -- - -" /�/- -------- - -------`----- J -- --- +------ - ---- -• Material :f Iri Color r . A , Garage doors: S le ;` ' --, - - - - - -,-- - -- - - ' t3 Size o i f opening r ; Material Color ___ --, -j T &S r--------------------------------------- Shutters: _.. ----------------- yPe tyle ' r-----------"------ 0 RX/ Material ' r ---- L- ---- ----- - Color ----------------- ' Skyhghts: Type ; ; -- r------------------------------------- 0 R� Make&Model ----------------- Material �-"------_-` `-___� ------------------- ' Sze ' Color ' SIDING T board r- ypc Clap --- Shingle ' Other ; -------` ---, Red Cedar ' r ------------------------------ Material - White Cedar 1 Other I I Paint Color r '-- --- FOUNDATION T e ; - - - -- ------- - _ _ _ _ (max 1.2'exposed) DECK Material Color -- - --- --�---------------`- --^----------^`---,SIGNS Size Materials r--------^----------------------------- _----- ' —T..._.�- ..,� Color ; 1 L-.6i ------Tyke ` 5 lit r----------------- Color F- �_ ra�gi�atr�link)---------------------------- f I -------------------- ___-- r--------- ---------- _---------`^-----------------------------------------, Material ' r----------------- L------ Length L__________________I r--------------------------------------------^--------------------------- - RETAING WALL Description LIGHTINGr- --- - ------- -_- ---------------------------------------- affixed -----_--- ` ------J Type and location{free standing ' -----__^--------------------- affixed to stricture,illuminated) LEGEND SYSTEM PROFILE A (SE QGMPONEHB9HA BE NOTES �/ c I�/I /'�I� LARKED WITH MAGNETIC TME OR SYSTEM STEM DESIL71 V. COMPARI9IE MEWS FOR-RE LOCATION. (Nm N SGIE) 1.DATUM IS NAVD ee 99- E%ISTINC CONTOUR ACCESS COVERS TO WITHIN 8'OF Fill.CRADECONCRETE COVERS TO WITHIN}•CRAOE 2'PE45TONE OR GEOTEXIILE 2.MUNICIPAL WATER IS EXISTING X 99.1 EXIST.SPOT ELEV. GARBAGE DISPOSER IS NOT ALLOWED \ TOP FOUND.EL 58.53' FIETER FABRIC OVER STONE -[99-[99)- PROPOSED CONTOUR 58.0'MINIMUM.75'OF C.OVIIi PR 2%SLOPE REQUIRED OVERSYSTEM 55.5 3.MINIMUM PIPE PITCH TO BE 1/8"PER FOOT. DESIGN FLOW: 4 BEDROOMS @ 110 GPD= 440 GPD WATERTE�T 0 FOR ISEVELNE55 PRECAST RISERS 4.DESIGN LOADING FOR ALL PROPOSED PRECAST UNITS 1 198.4P4cas OrPI MIN.2 CKNESS M� TO BE AASHO H-7Q ] PROPOSED SPOT EL USE A 440 GPD DESIGN FLOW tr 4'oSCH40 PVC C AR INVERT IN 51.5' THi PIES LEVEL 1ST 2' PON N 5 TEST HOLE SEPTIC TANK: 440 GPD 2 = 880 ENDS ( ') 4' 52.5' S.PIPE JgNTS TO BE MADE WATERTIGHT. Locus ( ) ` 53.86' tG•1500 GAL H-10 1q ;iad+t° , 2�� SLOPE OF GROUND USE A 1500 GAL. SEPTIC TANK 53.03 TEE SEPTIC TANK TEE _ 6.CONSTRUCTION DETAILS TO BE IN ACCORDANCE WITH 6 MIN SUMP E3g® ® ��� 310 CMR 15.000(TITLE 5.) CAS eAIFIE 12'MIN.INT.DIM. ®®®® ® ® oz lI d 7.THIS PLAN IS FOR PROPOSED WORK ONLY AND NOT TO _ LEACHING: 9 5' Ps 4 n'ID �> UTILITY POLE 4 Lq IEVEL ACME OR EQUAU; 52.13' ' ,,e .96 BE USED FOR LOT LINE STAKING OR ANY OTHER I l Qa` �yz G4 SIDES: 2(33.5+ 12.8) 2(.74)= 137 GPD 1 ee eases ee PURPOSE 5C FIRE HYDRANT ....,.,.,e"e e...............e e I H-10 500 GAL.TEACHING CHAMBERS BY ACME PRECAST OR EOVAL BOTTOM 33.5 x 12.8(.74)= 317 GPD `" a'a'e'eee'a'<' ea sae= 3/4"-1-1/2'DOUBLE WASHED STONE 4'MiN. (3)UNITS REOUIRED 8.PIPE FOR SEPTIC SYSTEM TO SCH.40-4'PVC. Pie NOTE NOT ALL NYedS WY MPFNt N DIU M a ALL MOUND PRECAST STRUCTURES m CRU TOTAL: 614 S.F. 454 GPD O SHED(TONE OR MECHAWCAL ovERAu DIMENSIONS To ouislDE of STONE:33.5'%12.83' co9,COMPONENTS NOT TO BE BACKFILLED OR CONCEALED MPAC11oN.(15.221[27) WITHOUT INSPECTION BY BOARD OF HEALTH AND SUDDt PERMISSION OBTAINED FROM BOARD OF HEALTH. USE(3)500 GAL. LEACHING CHAMBERS(ACME OR EQUAL) (4.9:sLovE) (2.5:SLOPE) H-2O (4.6%SLOPE) MDP,a -THE INSTALLER SHALL VERIFY THE WITH 4 STONE ALL AROUND LEACHING 10.CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING LOCATIONS OF ALL UTILITIES AND ALL FOUNDATION- 17' -SEPTIC TANK- 26' D'BOX 12' FACILITY 44.5'BOTTOM TH-1 DIGSAFE(1-888-344-7233)AND VERIFYING THE LOCUS MAP BUILDING SEWER OUTLETS AND NO GROUNDWATER FOUND LOCATION OF ALL UNDERGROUND do OVERHEAD UTIUTIES PRIOR TO COMMENCEMENT OF WORK. ELEVATIONS PRIOR TO INSTALLING ANY SCALE 1'=2000'* PORTION OF SEPTIC SYSTEM 11.ANY UNSUITABLE MATERIAL ENCOUNTERED SHALL BE MA REMOVED BENEATH AND 5'AROUND THE PROPOSED APPROVED DATE BOARD OF HEALTH LEACHING FACILITY. ASSESSORS MAP 89 PARCEL 4/2 12.EXISTING LEACHING FACIUTY SHALL BE PUMPED AND LOCUS IS WITHIN FEMA FLOOD ZONE X REMOVED OR PUMPED AND FILLED WTH CLEAN SAND. (AREA OF MINIMAL FLOOD HAZARD)AS C W \ / SHOWN ON COMMUNITY PANEL#25001CO583J DATED 7/16/2014 o / o / / 0 s TEST HOLE LOGS s a,. /C o� 0 2s l� O ENGINEER:M. O'LOUGHLIN, CSE / n, O 30. WITNESS: G. HARRINGTON. BHD 9 r✓� a I 6 m DATE: 9/14/01 PERC. RATE = < 2 MIN/INCH ,y I CLASS I SOILS LOT 9 so , 43,5721 S.P. ��'� D ELEV. ELEV. g0 1 II ,p0 0" 4 95.0' 2 93.0' 91, ORGANIC ORGANIC /moi ryy�' I py 3" 3. A A LS LS 10YR 4/3 94.25' 9' 10YR 4/3 93.58' B LS LS \\�<) /, g5 / 26" 1OYR 5/8 2.83' 26" 1OYR 5/8 91.17' 93 1/ O°i=pyo 100 "J 94 °^Y 0 \ r`0 �' / ER // a� C C PC \ G e TAa MFS MFS o TIiI / 8 4s 'w ^ 2.5Y 8/2 2.5Y 8/2 97132" - 84.0' 120" 1 83.0' 96 \\ 98 �__97 NO GROUNDWATER ENCOUNTERED SED J G /RAVELY LL 101 00 /� I �99 TFLE 5 SffE PLAN 105 Tom/ 16,3 b�j ORq�,, OF 4 91 GREAT MARSH RD. WEST BARNSTABLE, MA PREPARED FOR 110 I '4oe 11o>1pe � � )Q4 Seo, 10 LOU SEMINARA i DATE: MAY 13, 2021 X115 ) a /O3 T� 0 10 20 30 40 50 FEET JJ \ \\ 6\ 704 O I !!508-362-4541 fax 508-352-9880 O downcope.com down COpE ep8%Qlivil eng�ees )OS land ve yors 939 Mo Street (Rte 6A) EAW DATE DANIEL A. OJALA, P.E., P.L.S. YARMOU7HPORT MA 02675 DCE #20-358 20-368 SEMINAF'=C'.'+: p( i O of ri Iq � H (7 i'i " • ` C14 IV w to W Q ny rl s! 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Pi IT r� i r �zt �ls2f - -- 1#�e3"CN —_ c=Leters exaA ___ - III LIU is . ><€vl— ` t i r , 77 ' r t r f �-n p P i FEi 7 � 6 CDs s SCALE: r. �._ �_ PROVED DRAWN sv--7'Yn .3 f ,.. � DATE• REVISED l T MAK5 H WP---Ml DRAWING NbMBER 3 g F E 1 s 3 ' a i t L t l } { qF. 4 { 4 � F E a i I ' f e i k I S' i ` F 1 R 1 F � • I FLU iEl T-2LCT_ __BTf� ti. 1 � Y -ac - € .-........,.,...WN ww..wa-.«..r.....+..,...»,...,w.y;,,:_"...-�w..w - ..-..._. .. _._.. __....- ._ ........,,,.0 -_-,.-. -...._ .- �_ a. .-_-.....,.,..........,-N..e......�rt ...- ....e-»..._�..-_.»-.a_-._......w.v...�.........•.�-�^•,.* ...�+�..�-.......•+.+--.-....�...�..._......r.�-....>e.,.......� _- � i t � :..i E SCALE: APPROVED BY: DRAWN BY DATE:--T---/ REVISED g5, . .. — t DRAWING MBER e' i i t S t - r i i r 00 10 el D2_ I ZL1coSi" 1001 r It I ' _ - -- 4 � - - VALct' l - ; 41 �o G ) s � \ r v ,: yip• .� APPROVED BY: DRAWN B SCALE: __�q•:_��:.�.�_.:_m..- _P_ DATE: — REVISED e - - _ DRAWING NUMBER 4... .. - � ... ,. .. .. .. _.. ,.-. .,. .. - .. .._.-a:.:.-. .-. .. ... ._. .. .. .. .... ..... .. .. ,. .. ,�.._... ,._.,.F-.:..,.,e.._,,.,..,.,.r... .w�.....,.u.,..�...Y..,.,,..be....,...•..�.,._.._.__.-...__.-._._._.. .�,._.._-,,,..._- ..._....s„va....e...- - _�_ .a-..u_v....._,.,.....,-e_.�.,,�«.....,..,�..............-,. -�.._. �...._...,�.,_.-.,..�....�.......�._._......,.. L.. ..�....a,,..y.._.........�.._..,._.,�.,.�........W....,.......,.�.....a..�......,.....,..1 -.� i E s r � i F 's t I s I -- — — k c r r y}--" t i ol lo 114 __ F O r "II i 2 U 71 tt F. 1 1 ee�2 I tj�' L IA 26 lz OO r I s �s r g - far� 74 L! 0 �f -� 28 _ _�. e- ° ! r ZL 1 I f : t Ill i i r� --- --- - --- - --- — - - — Lam= -_ — - B Ef 6 t oe --4----- t... { SCALE - le..�___. APPROVED BY: DRAWN BY DATE:. 'Z -- REVISED f k t DRAWING NU BER i w € r E € E € E € E Y f f Fpp ' pip� 1 € f K P E pE E B c € `t E € f e - i i e � I r x . € 4z JA vf ul, I ic 11 1 AMC - - - € F t 6 k - f 1 E E } E r � SCALE:- n_ APPROVED BY: DRAWN BY DATE: " REVISED r e — a c, DRAWING NU BER 16, 1 I i sem---- f in In 1H A 11111 It 11 vt Ir Q [ NN AVVY r rv. , - - I J1 11 11 i a r' IL IV Ilk _. _.. t1 p r. E r f E &5�_.a'�s ".•:.:CTb ��CTkl� 4T�L..SZ.�'.'f SCALE: ��¢ � fr�' APPROVED BY: DRAWN BY DATE: `� REVISED 1 i k5,- DRAVLqNG�LLZU ER 7 04 r Law Office of JEFFERY JOHNSON,ESQUIRE 67 School Street 1847 Isaac P.Fairfield House P.O.Box 960 Hyannis,MA 02601 (508)790-5776 Telephone (508)775-7526 Facsimile jeff@jefferyjohnsonesq,com May 24,2020 Brian Florence, Building Commissioner Town of Barnstable Building Inspection Services Hand delivery Re: Buildability of an"Undersized Lot" Locus: Street address:91 Great Marsh Road,West Barnstable,MA The Tax Assessor shows it as Map 89 Parcel 004-002 Presently shown as Lot 9 on Plan Book 405 Page 20 Current Owner of Record: Anne I.Seminara Current Zoning District: RF Dear Commissioner Florence, Please accept this as my written opinion,that for zoning purposes,the above- referenced lot is a so-called"pre-existing nonconforming/protected"lot exempt from current minimum dimensional/lot size provisions of the Barnstable Zoning Ordinance/ Regulations. The title history of the above lot and the abutting properties are not relevant in this instance as the lot contains more than one acre of upland and was shown on a plan that was of record in November of 2000. Nevertheless,the title histories are attached. The zoning changes as they relate:to this vacant lot are as follows: The lot was created on a plan dated March 28, 1985 and the lot has 43,572 square feet of upland,and 205 feet of frontage. The zoning in the area at the time of the endorsement of the plan required an acre of upland and 258.05 feet of frontage. On September 9, 1999,Paul A Oregory,it,received a deed for lots 2,4,and 6 on Plan Book 558 Page 78,and Lot 9 on Plan Book 405 Page 20,effectively separating each of those four lots on the two plans from one another,prior to the zoning change of November 2000. The lot coniinia::i to[nett the dimensional requirements of the zoning until Page 2,Florence,May 24,2021 November of 2000,when the Town Ordinance went to two acre zoning.On January 10, 2005 Anne I.Seminara received a deed for lots 2,4,and 6 on Plan Book 558 Page 78, and Lot 9 on Plan Book 405 Page 20. She owns lot 9 to this day. The conveyance to Paul A.Gregory,Jr.effectively separated the lots from the common control of Seminara Construction Corporation and protected lot 2 pursuant to: "§240-91.Nonconforming lots. A.Separate lot exemption.Any increase in area,frontage,width,yard or depth requirement of this chapter shall not apply to a lot for single-or two-family residential use which at the time of recording or endorsement: (1) Was not held in common ownership with any adjoining land;and (2) Had a minimum of 5,000 square feet of area and 50 feet of frontage or the minimum frontage requirement for the zoning district in which it is located;and (3) Conformed to the existing zoning if any when legally created;and (4) Was separately owned at the time of every zoning change which made it nonconforming."'. The only time lot 9 became non-conforming was in November of 2000. Moreover,the lots on these two plans each contain in excess of one acre of upland and as such are protected by sub-section G of§240-91: "G.Resource Protection Overlay District.[Amended 10-26-2000] (1)Any increase in area,frontage,width,yard or depth requirements of the Resource Protection Overlay District shall not apply to a lot for single-or two-family residential use which immediately prior to November 16,2000,either: (a) Conformed to the applicable bulk requirements of this chapter immediately prior to November 16,2000:or (b) Immediately prior to(on the effective date of this chapter,)was protected from the applicable bulk requirements of this subsection by the provisions of§240-91A, B,C,D,or E of this chapter. (2)This protection afforded by this subsection shall be permanent.". i Neither Seminara Construction Corp.,Paul A.Gregory,Jr.,or Anne I.Seminara ever acquire any of the parcels adjacent to the aforesaid plans. The title history for this lot and the abutters demonstrates that it has not merged for zoning purposes and is permanently protected. Based on the foregoing,it is my opinion that under either sections A or G of the Town of Barnstable Zoning Ordinance,i.e.,§240-91 Lot 9 on Plan Book 405 Page 20 will remain"buildable"as it has been afforded permanent protection by the language of§ 240-91. Very truly yours ef' n Relevant deed histories 4/16/1985 Book 4492 Page 59,deed of lots 1 through 7 on plan book 395 page 84,south side of Great Marsh Road into Seminara Construction Corp.; Book 4730 Page 259 deed of 3.06 acres north side of Great Marsh Road into Seminara Construction Corp.which become lots 8,9,and 10 on plan book 405 page 20; 9/9/1999 Book 12527 Page 180 deed into Paul A.Gregory,Jr.of lots 2,4,6,and 9; 6/19/2001 Book 13952 page 111,deed from Seminara Construction Corp out of lot 1 to David A.Netzer; 6/4/2002 Book 15228 Page 241 deed from Seminara Construction Corp out of lot 3 to the Schiffs 2/19/2003 Book 16416 page 216 deed from Seminara Construction Corp out of lot 7 to the Gorman?s; 1/3/2005 Book 19408 Page 95 deed from Seminara Construction Corp out of lot 5 to Robert F.Joyce;and 1/10/2005 Book 19425 Page 54 deed from Paul A.Gregory,Jr.to Anne I.Seminara of lots 2,4,6,and 9. The land to the north of Plan Book 405 page 20 lies in Sandwich and none of our parties acquire title to that land. The land to the south of Plan Book 395 page 84 is the open space of another subdivision and none of our parties acquire title to that land. a � x i P" W A •1 •;fir 00 �. V 0•• • O � 771, igua 9 P9 0 �,n ppii Pym Xko � N 4h O y p m O 5,�7p;e 7 x F � e .p.�F� .x F z y�;5< ,� N O y�•� o 7 Toy d #F m - i ?: � groeogro°w C 'ti< Crow p• w9c:::° � � 4• �' o G" Print this page... Owner Information Map/Block/Lot:089/004/002 Property Address 91 GREAT MARSH ROAD Village:West Barnstable Town Sewer At Address:No CWMP Sewer Expansion:None planned at this time (subject to change with final engineering design) Road Type:Private GIS Zoning Value:RF Owner Name as of 1/1/20: SEMINARA,ANNE I P O BOX 1219 SOUTH DENNIS,MA.02660 Co-Owner Name Assessed Values Appraised Value Assessed Value Building Value $0 $0 Extra Features $0 $0 Outbuildings $0 $0 Land Value $201,900 $201,900 Totals $201,900 $201,900 Past Comparisons 2020-$213,800 2019-$225,600 '. 2018-$225,000 2017-$231,300 2016-$231,300 2015-$229,400 .' 2014-$229,400 2013-$229,400 2012-$285,200 2011-$ 133,900 Tax Information Community Preservation Act Tax $55.12 Town Tax(Commercial) $0 Town Tax(Residential) $ 1,837.29 W.Barnstable FD Tax(Commercial) $0 W.Barnstable FD Tax(Residential) $528.98 $2,421.39 Sales History Owner: Sale Date Book/Page: Sale Price: SEMINARA,ANNE I 2005-01-10 00:00:00.0000000 19425/0054 $100000 GREGORY,PAUL A JR 1999-09-09 00:00:00.0000000 12527/0180 $100000 SEMINARA CONSTRUCTION CORP 1985-09-15 00:00:00.0000000 4730/0259 $75000 Photos Sketches A sketch is not available for this parcel. AsBuilt Card N/A 132N Barn-any 2nd story area FPC Open Porch Concrete Floor REF Reference Only BAS First Floor,Living Area FTS Third Story Living Area(Finished) SOL Solarium BMT Basement Area(Unfinished) FUS Second Story Living Area(Finished) SPE Pool Enclosure BRN Barn GAR Garage TQS Three Quarters Story(Finished) CAN Canopy GAZ Gazebo UAT Attic Area(Unfinished) CLP Loading Platform GRN Greenhouse UHS Half Story(Unfinished) FAT Attic Area(Finished) GXT Garage Extension Front UST Utility Area(Unfinished) FCP Carport KEN Kennel UTQ Three Quarters Story(Unfinished) FEP Enclosed Porch MZ1 Mezzanine,Unfinished UUA Unfinished Utility Attic FHS Half Story(Finished) PRG Pergola UUS Full Upper 2nd Story(Unfinished) FOP Open or Screened in Porch PRT Portico WDK Wood Deck PTO Patio Construction Details Land USE CODE 1300 Lot Size(Acres) 1 Appraised Value $201,900 Assessed Value $201,900 Construction details are not available for this parcel. Outbuildings and Extra Features There are not any extra building features on record at this time. Bk 13950 Pg283 ##43187 06-19-2001 @ 10:33a DECLARATION OF PROTECTIVE COVENANTS KNOW ALL MEN BY THESE- PRESENTS, that SEMINARA CONSTRUCTION CORPORATION, a Massachusetts business corporation , with an address of 93 Coles Pond Drive, Barnstable County, Massachusetts (hereinafter referred to as "Grantor") being the owner of certain real estate shown on a plan of land entitled "Division Plan of Land in Barnstable, Mass. , Sandwich, Mass. , for Sara + Rebecca's Land Co. , Inc. , Scale 1" = 40' , November 30, 1984, Doyle Engineering Associates, Inc. , 47 Morin Avenue, Falmouth, Mass." which plan is recorded with the Barnstable County Registry of Deeds in Plan Book 395, Page 84, as well as a plan of land entitled "Subdivision Plan of Land in Barnstable, Mass, prepared for Seminara Construction Corp. , Scale 1" = 401 , March 28, 1985, Low + Weller, Inc. , 714 Main Street, Yarmouth, Mass." which plan is recorded with said Registry in Plan Book 405, Page 20, situated in West Barnstable, Barnstable County, Massachusetts, hereby imposes the following restrictions on Lots 1, 2,3, 4, 5, 6, 7, 8, 9 and 10 as shown on said plans for the ri V benefit of each of said lots. (1) No lot shall be further subdivided and in the event two or CC more lots are used in combination as a building site, they shall be considered as one for the purpose of determining setbacks and the number of buildings to be erected thereon. No lot shall be used for access to any abutting properties. Further, no lot shall be an other used for p � y purposes other than as the site of a single- _27 family residence with appurtenant structures, except for utility service installation and roadway purposes as allowed by law or the Cs- Barnstable Planning Board and approved by the Grantor. (2) Only one single family dwelling including a garage to accommodate not less than two (2) motor vehicles is to be constructed or maintained on any lot. Such a dwelling shall be of Cape Cod, Ranch or Colonial design, containing at least two thousand (2000) square feet of living area for a ranch style house 1 Hk 13950 Dg284 #143187 and two thousand four hundred (2400) square feet of living area for other styles of houses, exclusive of garage, breezeway, porch, terrace, deck and the like. All buildings shall be erected on one continuous concrete or concrete block foundation. No open side structure or open carport shall be permitted. (3) No building or structure shall be commenced, erected, placed, maintained or moved onto any lot, nor shall any additions to or exterior change or alteration be made to an existing structure, including the exterior color thereof, nor shall any stockade or chain link fence be erected until the architectural and site plans therefor, including the specifications for the exterior color scheme, have been approved by the Grantor, its successors, assigns or agents; said approval to be given in writing suitable for recording in the Registry of Deeds. It is the intent of this provision to require that structures, buildings and fences be in good taste and conform in all respect to the provisions hereof. Disapproval of such plans may be based upon any grounds, including purely aesthetic grounds, and shall solely be within the discretion of the Grantor, its successors, assigns or agents. However, no approval will be unreasonably withheld, provided the architecture is in conformity with traditional Cape Cod or colonial New England architecture. (4) The exterior of any building erected on any lot, and the landscaping and grading in connection therewith, shall be furnished and completed within ten (10) months after commencement of construction. (5) There shall be no habitable use made of house trailers, portable houses, tents or any other kind of temporary shelter. There shall be no overnight parking nor storage of any house trailers, portable houses, tents or any other kind of temporary shelter facility nor any boat so as to be visible from any way shown on the subdivision plans. No unregistered vehicles shall be 2 I Bk 13950 Pg285 #43187 kept or stored in the open on any lot and no commercial vehicles of any kind shall be parked in the open overnight. (6) Clothes lines or drying yards shall be located in a manner so the same shall not be in the open or visible from any way shown on the subdivision plans. All exterior garbage and rubbish facilities will either be underground or suitably covered and enclosed. No refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere of the premises, and if, after proper notice, such conditions are not corrected, the Grantor shall have the right to enter or cause entry upon the premises and make such corrections at the expenses of the owner. (7) No mechanical, manufacturing or mercantile trade, business, calling or profession shall be conducted for profit or otherwise on the granted premises. (8) No live trees exceeding four inches in diameter at point two (2) feet above ground level shall be disturbed in their natural growth or removed from the premises, except as may be necessary for building construction, site development or grading, until consent shall have first obtained in writing from the Grantor or its assigns. (9) Every lot upon which a single-family residence is constructed shall have installed as a part of said construction at least one (1) post light facility located in the front yard area of said lot facing the road or way providing access to said lot. (10) All house service cables for electricity, cable television, telephone, or any other utility hook-up wires, cable and pipes shall be installed underground. No antenna, for reception or broadcast of television or radio signals shall be erected on the exterior of any structure. Any satellite dish for reception on the exterior on any structure shall be placed so as to the greatest extent possible not be visible from Great Hill Road. (11) No animals or fowl, except common domestic household 3 Bk 13950 Pg286 #43187 pets quartered within the dwelling house at night, shall be kept upon the Premises without the written permission of the Grantor, its successors, agents or assigns, and the abutting property owners. All such pets must be confined within the area of the lot, and none shall be allowed to make an unreasonable amount of noise, or to become a nuisance. (12) The Grantor reserves the right to delegate or assign any and all of its rights, powers and obligations under these restrictions to any individual, corporation, association, agent or entity in a manner consistent with Massachusetts law, which said Grantor shall deem to be most suitable to perpetrate the intent of these restrictions. (13) The Grantor or its assigns, shall have the right to waive, alter or amend any of the foregoing restrictions in the event that it becomes necessary or equitable to do so, and the Grantor, or its assigns, shall be the sole judge as to the desirability or necessity of such waiver, alteration or amendment. (14) In the event of a violation or breach of any of these restrictions, the Grantor, or its assigns, shall have the right to proceed at law or in equity to compel compliance with the terms hereof, or to prevent the violation or breach of any of them. The failure to enforce any right, reservation, restriction, or condition contained herein, however long contained, shall not be a waiver of the right to do so thereafter, as to the same breach or as to a breach occurring prior to or subsequent thereto, and shall not bar or affect its enforcement. The invalidation by any court of any restrictions herein contained shall not in any affect any of the other restrictions which shall remain in full force and effect. (15) Duration of Restrictions. These restrictions are to run with the land for a period of thirty years from the date of recording hereof and shall be binding on all parties and persons claiming under them. These covenants may be extended for periods of not more than twenty years at a time by a majority vote of the 4 Bk 13950 Pg287 043187 owners of record at the time of the recording of the extension. Such extensions must be recorded prior to the expiration of the restrictions. The extension shall be of these covenants as now set out unless, by vote of a majority of the then owners of the lots, it is agreed to change said covenants in whole or in part. Any such change in the provisions hereof shall be evidenced by the recording in the Registry of Deeds for Barnstable County, Massachusetts, of an instrument in writing executed by a majority of the then owners of the lots stipulating what said changes are. (16) Homeowner's Association. Upon the sale of all of the lots in the subdivision or fifteen (15) years from the date of this Declaration, whichever shall first occur, the Grantor, its successors or assigns, shall select three (3) lot owners to serve on a three member Board of Directors of an owner's association to be known as "The Great Marsh Estates Homeowners Association", hereinafter referred to as "the Association" all other property owners shall be members of the Association. Until the formation of such Association, the Grantor alone shall constitute the Association and act for the Association. The lot owner Directors shall serve no longer than a two year term, and at such time as the Grantor no longer owns any lots in the subdivision it shall no longer serve on the Board, and the vacancy created thereby, and any other vacancy, shall be filled by a vote of a majority of the remaining Board members. Thereafter, all vacancies on the Board shall be filled by majority vote of the Association members at the annual meeting of the Association, as the same may be adopted under the By-Laws enacted by the Association; provided further that any persons so appointed must be property owners in the subdivision. The Association shall have the right to make such reasonable rules and regulations, adopt by-laws, incorporate, and do all things expedient and necessary to effectuate the purposes hereof. 5 Bk 13950 Pg288 043187 (17) Covenant for Maintenance Assessments and Certificates. A. The Grantor, for each Lot owned within the subdivisions, hereby covenants and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. B. The assessments levied by the Association shall be used exclusively for the improvement and maintenance of all property owned by the Association including, but not limited to, the entry way stone markers, if conveyed to the Association, and Great Hill Road. C. The Board of Directors shall fix the annual assessment, but it cannot increase the annual assessment by more than fifty (50) percent in any one year unless such increase shall be approved by (a) a vote of not less than two-third (2/3) of the Directors then in office at a meeting of the Board of Directors duly called for such purpose or by (b) by a vote of at least sixty (60) percent of the members at a duly called meeting of the members. D. In addition to the annual assessments authorized above, the Board of Directors may levy, in any year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon said property owned by the Association, including fixtures and personal property related thereto, provided that any such assessments shall be assented to 6 Bk 13950 Pg289 #43187 (at a meeting of members duly called for such purpose) by a vote of not less than seventy (70) percent of the members. The presence of members or proxies entitled to cast seventy (70) percent of all the votes shall constitute a quorum for such meeting. E. Both annual and special assessments must be fixed at a uniform rate of all Lots and may be collected on a monthly or less frequent basis. F. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the first Lot to an Owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Director shall fix the amount of the annual assessment against such Lot at least thirty (30) days in advance of each annual assessment period, which shall be the calendar year. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. G. Any assessments not paid within thirty (30) days after the due date shall bear interest from the due date at a rate to be deter mined by the Board of Directors. The Association may bring an action against the Owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waiver or otherwise escape liability for the assessments provided for herein by non-use of the property owned by the Association or abandonment of his Lot. H. The lien of the assessments provided for herein shall be subordinate to the lien of any firth mortgage. Sale or transfer of any Lot shall not affect the assessment lien. I. The cost of reviewing plans, preparation and recording of 7 Bk 13950 PgR90 #43187 certificates, waivers or approvals from the Board of Directors or Grantor shall be borne by the owner of the lot for which said certificate, waiver or approval is given. For Grantor's title see the deed of Sara + Rebecca's Land Co. , Inc. dated April 16, 1985, recorded with the Barnstable County Registry of Deeds in Book 4492, Page 59, see also the deed of Logan Clark III dated September 30, 1985, recorded with said Registry in Book 4730, Page 259. Executed as a sealed instrument this /q day of �u:y�, 2001. SEMINARA CONSTRYCTION CORP. By: i o 's seminara, Jr. , President a d Treasurer COMMONWEALTH OF MASSACHUSETTS q BARNSTABLE, ss. Jlt" / 2001 Then personally appeared the above-named Louis J. Seminara, Jr. , President and Treasurer, as aforesaid, and acknowledged the foregoing to be the free act and deed of SEMINARA CONSTRUCTION CORP. , before me, �skr,,7/�U/��� J� Not y Public My commission expires: OC,6 6CY 2,2W3 OFFICIAL SEAL. 1� RYLESTERPus J.MURP�HUgSTS l JOL KpmyComguC•re% My Comm.ExPire►OCL Z'2003 ec:clients\seminara\protect.covenants 8 BARNSTABLE REGISTRY OF DEEDS WEST BARNSTABLE, MA 02668 089004001 ZUKAUKAS, PIERINA G 59 GREAT MARSH RD Property ID: SOUTH DENNIS, MA 02660 089004002 SEMINARA, ANNE I P O BOX 1219 Property ID: WEST BARNSTABLE, MA 02668 089004003 REZENDES, THOMAS J & KAREN M PO BOX 277 Property ID: WEST BARNSTABLE, MA 02668 089005003 SCHIFF, MARTIN & JANE L 86 GREAT MARSH RD Property ID: SOUTH DENNIS, MA 02660 089005004 SEMINARA, ANNE I P O BOX 1219 Property ID: