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HomeMy WebLinkAbout0149 BEECH LEAF ISLAND ROAD • , .... v M t.. .�. �..V�.� :i-�."�.� � .4 �'i iV'yk' .p i' f a C� Yry,j t�� � � � ,F .pt' ',�.• /� Y�y ip e r z A - , , r '. a .. .. .. .. -. II GCCeSS � L �1 � �- U\� �G�'� v,�,s-- `�� � Jeffery Johnson, Esquire 67 SchoolStreet P.O. Box 960 Hyannis, MA'02601 (508)790 5776 facsimile (508)775 7526 ieff@ iefferyiohnsonesg.com' The information transmitted is intended only for the, person or entity to which it is addressed and may contain confidential and/or privileged material. Any review,.retransmission, dissemination or any other use of,or taking of any action in reliance upon this information by persons or entitles other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material.from any computer..Please be advised that electronic mail is not secure and that neither the delivery nor timely'delivery of electronic mail is guaranteed. Do not send sensitive or confidential information, such as account numbers;social security numbers, and/or personal identification numbers via electronic mail. PLEASE CALL US WITH, OR FAX TO US USING A CONVENTIONAL,NOT DIGITAL,FAX MACHINE,WHEN THIS INFORMATION IS NECESSARY ALWAYS CALL THIS OFFICE TO VERBALLY CONFIRM OUR WIRING INFORMATION PRIOR TO INITIATING A WIRE TO OUR OFFICE. From:Charlie McLaughlin<csmir(c@comcast.n%t> Sent: Friday, December 17, 2021 11:09 AM To:Jeffery Johnson<ieffeiefferviohnsoneso corn>; Florence, Brian<Brian Florence @town.barnstable ma.us>; Kare.n.Nober@town.barnstable.ma:us; Connolly,Kathleen<Kathleen Connolly@town.b'arnstable.ma.us>, Fair, Marylou <Marylou Fair@town.barnstab'le.ma.us> Subject:Ciluzzi - Beach Leaf island Road Land Court Matter Dear Brian, This letter will confirm the resolution of the pending Land Court litigation as follows: 1. Because of significant factual development,;including survey work conducted by a registered nand surveyor;,the matter as presented initially to the Zoning Board on appeal'from the then-Building Commissioner, has materially altered the legal analysis ofthe case. 2. As a result of your analysis,with which I concur,we are dealing with an entirely new matter that was not before the Zoning Board, .3. As a result,you.have indicated that you are prepared to issue a building permit to Mr. Ciluzzi for the property in question upon his new application. 4. Once a permit,issues,notice will be provided to all interested parties to trigger the running of the appeal period. from the granting of the permit. 5. After conference with the Land Court,the Court will retain jurisdiction"of the matter until either 1/all applicable appeal periods from the granting:of the permit have expired without timelyappeal to the ZBA or 2/any such will be heard by the.ZBA an:d all`appeal periods from the new ZBA decision have expired without appeal,:or 3/if an appeal is taken to the"Land Court from the ZBA decision,the Court will assum.e.iurisdiction:as`a matter of judicial economy and will issue appropriate orders:in the.normal course. I trust this reflects.your understanding of the matter but I certainly welcome any comments or questions. 1 have copied. Attorney Johnson here with the request for any comments on or modifications to this process. If there are no changes,it is anticipated that you will shortly receive a new building permit application from Mr.Ciluzzi which will be processed accordingly. 2 I have copied Elizabeth Jenkins here with a request to schedule an Executive Session with the ZBA,to be followed by an open session with the ZBA to confirm disposition of the appeal in accordance with the procedure above. Thank you. Charles S. McLaughlin,Jr. Senior Town Attorney Sent from{Mail for Windows 3 Procedural History 4. Ciluzzi submitted an application.for a building permit t9 the then"acting"Building Commissioner for the Town.of Barnstable,Paul Roma, in April of 2017 for the property known as 14.9 Beech Leaf Island Road,Barnstable(Centerville),MA.being;Barnstable assessors Map/Parcel 187 063 005, and shown as lot 7 on Land Court Plan 41630-A(formerly, lot 32 on the pending Land Court Plan dated March 23, 1984) (hereinafter,"locus");; 5. As part of that application, Ciluzzi submitted.an.opinion letter dated April 25,2017 from Attorney Jeffery Johnson that the property known as 149 Beech Leaf Island Road, (Centerville):Barnstable, was a so-called"pre-existing nonconforming"lot.exempt;frorn the .then minimum dimensional/lot size provisions of the Barnstable Zoning Ordinance%R:egulafions; 6. On June 1,2017 acting Building Cornrhissioner Roma,.refused to issue Ciluzzi' s building permit application; 7. On June 29.2017 Ciluzzi appealed the decision of the Building Con missionert"o t11e Barnstable Zoning Board of Appeals as case number 2017-055; 8. Publication of the hearing was made in-accordance with the:statute; 9. The.initial Bearing before the Board of Appeals was held on August 23, 2017 10. The hearing was continued to October 11, 2017 and again to November 8, 2017; It. Ciluzzi.twice agreed to extend the decision date deadline; 12. On November 8,2017 the Board of Appeals voted 4 to 1 to uphold the decision of the Building Commissioner; 15. The Board's written decision was filed`with the Town Clerk-ofthe Town of Barnstable on November,21; 2017.A true attested copy of the Boats.decision is attached Hereto as Exhibit"A"; 3 f 14. This appeal, under M.G.L.c. 40A section 17, is made within the 20 day appeal period set forth therein; Factual Allegations 1.5. Section 240-90 of the Town of Barnstable Zoning Ordinance states: 44240-90 Intent. It is the intent of this section to protect rights of owners of. preexisti ng legally created. nonconforming lots, uses and buildings or structures and to provide regulation of changes-or expansion of preexisting nonconforming structures, buildings and.uses. 16. Section 240-91 of the Town of Barnstable Zoning Ordinance provides; in part. 240-91 Nonconforming lot. A. Separate lot exemption. Any increase in 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. B. Common lot protection. (1') Any.increase in the.area;frontage,width, yard of depthrequirement of:this chapter shall not apply for:a period of five years from the effective date of the change, to a lot for single or two-family residential use that: (a) Is held in common.ownership with not more than'two.adj oining lots; and (b) Had a minimum of 7,500 square feet.in area and75 feet'of frontage or the minimum frontage requirement forthe:zoning district in which it is located; and (c), Was recorded or endorsed on a plan that conformed to zoning wl en legally created; and (d) Conformed to applicable zoning,requirements as of January 1, 1976. C. The protection afforded by Subsection B shall become vested upon the sale or transfer of the lot so protected into ownership separate from that of adjoining lots or the building thereon of a residence. [Amended 1-20-2005 by Order No.2005-039] F. Merged lots. Except.as otherwise provided herein, lawfully nonconforming lots that are adjoining and held in common ownership, or under the control of the same owner, shall be treated so as to conform so far as possible with the minimum area requirement of the zoning district in which they are located. No lot so merged, or portion 4 thereof, may be changed or transferred in any manner that will increase the degree of nonconformity unless a special permit has first been obtained from the Zoning;Aoard of Appeals. No such special permit`may create any additional building lot(s). G. Resource Protection Overlay District [Amended 10-26-2000] (1) Any increase in area;frontage; width,yard of depth requirements of the Resource Protection Overly 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 b,ulk.xequirements 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§ 240-91 A, B, C;D, or E of this chapter. (2) This protection afforded by this subsection.shall be permanent." (emphasis added); 17. At all relevant times prior to March 1, 1918.5,'lot 7 on Land Court,Plan 41630-A. met all the size and other dimensional requirements of a buildable'lot in its:area:of' Centerville (including"shape factor"):and was owned by Silvia and Silvia Associates, Inc.; 18. On March 1, 1985 this area of Centerville.was changed to a"one acre" lot size zoning requirement; 19. On March 1, 1985 lot 7 was in separate.ownership.from all abutting lots, as-since November of 1984 the two abutting lots(6 and 8) on Land Court,Plan 41630-A had been. conveyed into separate ownership from lot 7; 20. On June 30, 1972, David.P. Woods.and Marjorie L, Woods purchased the home and property then,known as 512A South Main.Street,:Centerville as tenants by the entirety; 21. The only recorded plan depicting 520 (f/k/a 512A) South Main Street as a parcel (rather than.an abutting notation shown on a plan) is Land Court Plan 17950A/17951-A which plan shows that property as owned in 1940 by Lewis R. Dickinson et al; 5 K 22. Land Court Plan 17950A/17951Ashows the Dickinson parcel as entirely on the easterly side of a 10 foot wide way (South Main Street) and Sumner Crosby ret al. as being the owner on the other.side of the,way(where yelevant); 23. On August 20, 1992 David P. Woods individually purchased lot 7(Land Court Certificate of Title#12:7564); 24. David P. Woods died on January 26, 1994; 25. Oil>December 20, 1994 a new certificate after death was issued.to Marjorie Woods for locus; 26. On September 18, 1995 Marjorie L. Woods deeded a one-half interest in lot 7 to her three daughters, Ellen Reynolds, Andrea Gauvreau and:Robirr Cramer; 27, On February 15, 1996 the other one-half interest in lot 7 was deeded to the three daughters; 28. In November of 2000 this area of Centerville went to 'two acres 29. Lot 7 and 520 South Main.Street had been in separate ownership and control at all times except from January 26, 1994 until September 18, 1995 30.. At all relevant tmes'a house existed on the easterly side of the way known as South.Main Street;' 3.1 The relevant section of South.Main Street that separates lot 7-from the parcel'on which the home was constructed;at 520 South.Main Street has been recognized by the. Town of Barnstable and the Land Court since at least 1938,and Ciluzzi produced evidence at the ZB.A.hearing to that effect; 32. On April 4, 2014, Marjorie Woods as the surviving tenant by the:entirety sold the property then known as 520 South Main Street, Centerville"to Matthew&avis'Trustee of the SPRE Cape Realty Trust; 33. At the time of that sale (and still to this date) the Barnstable Assessors maps show I 6 . 520 South Main.Street, Centerville (Map 18.7 parcel.33,) as"being entirely on the easterly side of the 10 footway known as South Main Street; 34: The decision of the Zoning Board of.Appeals fails to honor the clear intent;of sections 240-90 and 240-94 to protect property rights and to "grandfather"the buildability of lot 7 under the Zoning Ordinance; 35. At the time of each of the twa zoning changes that could have made lot 7 "nonconforming" (1985 and 2000); lot 7 was in separate ownership from all abutting parcels; 36. As a result of the failure of the Zoning Board of Appeals to overturn the decision of the Building Commissioner; Ciluzzi(and the present:owners of locus) have been denied the rightful use of lot 7 as a buildable.l.ot and as such is (are) aggrieved; 37. . Such a denial amounts to a"taking"by the Town.for which the.owners/Ciluzzi should be compensated; 38. In its decision, the ZBA erred byfailing to recognize South Main Street as a "street"; 39. In its decision`, the ZBA erred by failing to recognize that 5.20 South Main Street, enjoyed permanent protection as a:separate parcel, i.e. having a home built thereon on at the time of each zoning change 40.. The buildability of Lot 7 is protected by the Barnstable Ordinance and it has not "merged" with any abutting parcels for the purposes of zoning; 41. Failure to overturn the Building Commissioner is a failure to.honor that section of the Town's own Ordinance,that protects rights of property: owners; 42. The decision ofthe$oardexceeds the authority ofthe..Board 43. ThedecisionoftheRoardis-based upon legally and factualiyuntenablegrounds 44; The decision of the Board is unreasonable;whimsical,capricious and arbitrary. 7 Wherefore,Ciluzzi respectfully requests that this Honorable Court.. 1. Annul the decision of the Barnstable Zoning Board ofAppeals which refused to overturn the decision of the Building Commissioner and if necessary remand this matter to the Zoning Board of Appeals for findings consistent with the applicable facts and law as may be determined by this Court; 2. To the extent that no further facts need to be decided at a remand to the.ZBA, order the.Building Commissioner to issue a building permit for lot 7 and 3. Grant such other and further relief as is.jtirst and equitable: Respectfully Submitted,The Plaintiff, John E. Ciluzzi By his attorney, Jeff y J nso O#2 510 P.O. Box 960 67 School Street Hyannis, Massachusetts 02601 Jeff@jefferyjohnsonesq.com Dated: December 11, 2017 8 f EXHIBIT"A" DECISION OF THE ZON IN G$OARD OF APPEALS I 9 _J Town of Barnstable G_ s Zoning Board of Appeals Decision and Notice ! � '`" I,1. Application for Other Powers: Building Permit denial by Building Commissioner Summary: Upheld Building Commissioner's Decision w Appellant: John E..Ciluzzi, as prospective owner CO PO Box,731, Centerville, MA O Property Owners: Ellen Reynolds,•Andrea Gauvreau.& Robin Cramer 3 PO Box 355,:Centerville, MA Z Property Address: ' 14.9 Beech Leaf Island Road, Centerville ("Lot 7") m Assessor's Map/Parcel: 187/063/005 Q " Zoning: Residence D=1,Resource Protection Overlay Distric Hearing Date:. November 8, 2017 Background John E. Ciluzzi, as prospective owner; appealed the decision of the Building Commissioner to deny, a building permit (B-17-1393) for the construction of a single-family.home on a nonconforming lot. The property is located at 149 Beech Leaf island; Centerville; MA as:.shown on Assessor's Map 187 as parcel 063-005. It is,located in the Residence D-1 (RD-1) and Resource Protection Overlay Zoning Districts.,. The subject property is located in Centervilie, west:of Bay Lane. The.undeveloped lot contains .65 acres (28,490.sq.ft), inclusive of upland and wetlands. The lot slopes,away from the road and then drops sharply towards a wooded swamp. The panhandled and irregularly shaped l;ot has 28.69: feet of frontage on Beech Leaf Island Road.(a private way)., The lot was originally created bya 1984 subdivisi.on.plan; 'Land Court Plan 41630-A— it is shown: as Lot:7 on that.plan. The 1984 plan subdivided property defined on.a 1982 ANR Plan' that outlined the boundary of what would be Phase I.I of the "'Beech Leaf Landing" subdivision, developed by Silvia &.Silvia Associates.. Silvia & Silvia Associates owned Lot 7 until June 1991, when the fee simple ownership was transferred to another party: It was transferred again to Brian Dace.y., who completed construction of the Beech Leaf Landing subdivision Mr..Dace sold Lot 7 to-David Woods in 19,92. Upon Mr.. Woods' death, title to the property was transferred to Marjorie Woods (in 1994);, Based on.the survey plan submitted by the Applicant and consistent with the 1982;ANR plan, Lot 7 abuts a parcel at 520 South Main Street.2 That lot is .83 acres and improved'with.a single-family dwelling. It is somewhat unclear where this lot gains its frontage, 520,South Main was.also owned by David & Marjorie Wood`s beginning in. 1972. Again, upon David Woods' death; title to the property was transferred to Marjorie Woods. It appears both"Lot 7 (149 Beech Leaf Island'Rd) and 520"South Main Street were held by either or both David and Marjorie Woods from 19.92 to 1996. r Plan Book 363 Page 72' 2 The Town Assessor's map does not show these parcels as abutting. f Town ofBamstable Zoning Board of Appeals Decision and Notice' Special Permit No..201.7-055—Ciluzzi. Lot 7, a .65 acre lot, became nonconforming when the minimum lot area in, the district was increased to one-acre in 1085. The lot was afforded a seven year. "zoning 'freeze" after the definitive subdivision plan was recorded; that protection lapsed in 1991. It appears Lot 7 and 520 South Main Street merged for the purposes of zoning during, the ownership of David and Marjorie Woods. Under,the "merger doctrine", lawfully created nonconforming lots that are 'adjoining and held in:. common ownership are treated as one lot, to the extent required to conform to zoning, Because the. two lots were undersized, and held in ,common ownership: after,the zoning change "rendered' them-nonconformiing and all plan protections.had lapsed; they ",merged" together as one buildable lot for the purposes of.zoning. In2015, Ellen W. Reynolds, Andrea W. Gauvreau and Robin W..Cramer applied for variances from the 1 acre minimum lot area requirements of 5240-14E RD=1 District, the 2-acre minimum lot area. requirements of §240-36D Resource Protection,'Overlay District (RPOD) and §240-7D Lot Shape. Factor .Requirements. The applicants sought to_construct a single-family dwelling on a lot that is. nonconforming due to merger. The survey submitted by the Applicant in 201>:5 indic'ates_portions of a driveway and parking area serving 520 South Main Street encroach on the rear portion of Lot 7. Variance No. 201 5 Q45 was later withdrawn. This spring, Mr. Ciluzzi, as prospective owner, applied for a Building Permit to construct a single family home. In an opinion letter dated April 25, 2017 to Building Commissioner. Paul Roma, Attorney. Jeffrey Johnson concluded that the; lot is buildable. He,stated the Lot was not held in common ownership with any adjoining lot at the time of the zoning changes, nor, has it"been held: .with any other land at any subsequent time. In a letter dated June 1, 2017, Building Commissioner Paul Roma denied Building Permit No B- 17-1393 stating that the "Department has information on record that is in direct,conflict with the letter supplied by the Applicant. Land Court Examiner, Attorney Mark Haney, provided pertinent information in his letter dated.January 23, 2015. This information, in conjunction with a Staff Report by Elizabeth Jenkins (dated September 29, 2015), necessitates add iti onal.clarifi cation or relief from the Zoning Board of Appeals before the Building Department can act on the permit application as the available documentation maintains that the lot was held in common ownership' from 1992-1996 by David and/or Marjorie Woods".. In the letter,,it was also noted that relief for lot shape.factor would also be necessary.. On June 29, 201.7, Attorney Jeffrey Johnson, representing the Applicant, described the nature of appeal and description of request, Attorney Johnson feels the applicant was not given the opportunity to respond to the letter from the Building Commissioner. He states that the Attorney's 2015 letter and Staff Report:are in error because they fail to recognize the "road"that separates the parcels in question and do not properly interpret the "merger" section ofAhe Ordinance, Procedural & Hearing Summary On June 29, 2017, John E. Ciluzzi, as prospective owner, appealed the decision of the Building` Commissioner to deny a building permit (13-17-1.393) for the construction of a single-family home on,a nonconforming lot addressed as 149 Beech Leaf.Island Road in Centerville. This appeal was filed with the Town Clerk's office and the Zoning Board of Appeals Office on June 291, 201,7. The appeal was filed within 30 days of the issuance of the building:permit as required by MGL 40A. The public hearing on this appeal was opened on August 23,, 2017, continued to, October 11, 2017 and November.8, 2017 at which time the Board found to uphold:the decision of the''Building Commissioner/Zoning Officer. Board Members deciding this appeal were David . Hirsch, Herbert Bodensiek, Spencer Aaltonen, Matthew Levesque and Jake Dewey:.Chair Alex 2 IIL Town of Barnstable Zoning Board of Appeals'—Decision and Notice Special Permiit No.2017=055—Ciluzzi Rodolakis recused himself from the hearing. Jacob Dewey disclosed'he has-a.professional relationship with the property owner and stated that he could be fair and impartial when deciding: on this appeal. Attorney Jeffrey Johnson, representing the prospective owner, gave a summary of what has transpired since the last hearing. He presented his argument regarding merger and reviewed his October 11, 201.7 memo and Land Court attachments. He reviewed'the evidence of the existence of the "way". and Land Court Decisions which discuss. the "way'. He maintains the lots are separated by a."way" and have not merged. Attorney Johnson. made mention of the October 11, 2017 determination by Down Cape:Engineering thatthe lots have not merged. Attorney David Reid, representing several abutters, reviewed the history of zoning. changes which affected Lot 7. He stated the existence of the "way" has; never been disputed; the "way" is not the boundary line between Lot 7 and 520 South Main Street. Under the Barnstable Ordihance, two lots .have .to be separated by a street; not a "way". This "way" acted more like a driveway for access but it was never a street. Attorney Reid stated in 1085 the Lot became nonconforming and it was held,in common ownership for:22 years. The owner simply waited too long to expect`the lot to be a separate buildable lot. Attorney Reid made mention of the Sweetser Engineering October 6; 2017 determination that the lots have merged. He further stated the Building Commissioner was correct to deny a building permit. Attorney Michael Davis, representing Sylvia Forster at 147 Beech'Leaf Island Road, also stated the "way" is not a street.and had not been dedicated;as.a street. He agreed thatthere is.a "way" within 520 South Main Street but it does not serve as a boundary line:; Some Board members felt that the burden of proof is on the Applicant and that the Applicant has . not been successful proving the lots have not merged and Lot 7 is a separate buildable lot. The Board Chair requested public comment: Andrea Gauvreau, owner of 1.49 Beech Leaf Island Road and former owner of 520 South Main Street; spoke about.her parents purchasing the subject lot as an investment and always assumed the lot,was a separate buildable lot and paid taxes on it for years. Decision A motion was. made by the Board Chair David Hirsch to uphold the Building Commissioner's/Zoning Officer's decision to deny issuance of Building Permit No,;B-17-1`393 for. 149 Beech Leaf Island Road, Centerville. Vote: AYE: David Hirsch, Jake Dewey,'Herbert Bodensiek, Spencer A,altonen NAY: Matthew Levesque felt.that the Board should use common sense in this matter and the property owner had no indication thatthe.lot was unbuild.able and.is now experiencing a financial hardship: Ordered' In Appeal.No. 2017-055, an appeal of.the Building Commissioner's denial of a request for building permit, the Board voted 4-1 to uphold the Building Commissioner/Zoning"Officer Decision. Appeals of this decision; if any, shall be made pursuant to'MGL Chapter 40A,I Section 17, within twenty (20) days after he�date of the filing of this decision, a copy of'which.must be filed in the office of the Bar.stable T r .n-C'I r. David Hirsch, Chair Date Signed 3 d,n�►q� Town of.Barnstable _ Assessing Division 3.67 Main Street,Hyannis MA Q001 ,rvww.town.barnstable:mams 00iice: 508402-4022 Jeffery.A.: i dziak,MA FAX: 508462-4722 DirActor of.Asuming ABUTTERS.LIST CERTIFICATION ` August 2, 2017 RE: Adjacent Abutters List Fo.r Parcel(s), 187 06 00.5: 149 Beech.Leaf'Island,Road " C:enterville.- Ma 02632 As re nested ! hereb oerti , he named and addresses as.submltted�on,'the q. . Y. attached sheens).as required bnder.'Chapto 40A, Section 11 of the Massachmett6.General Laws'for th et above referenced.parcels as they appear .on the most recent tax list with mailing addresses supplied.; B;oard;.of Assess;�,�s Town pf Barnstable 8/1/20 t7 AbutterReport Zoning: Board of Appeals (ZBAXAbutter! Ltst'fov Map`& Parcels) 3L87063005' Parties:of interest are those dFrectly opposite subject Io$on anY pllbllc or priyate street or way and abutters;to abutters.•Notlficatlon of all properties with16 3n0.feet,rir►g of the subject lot: G&se`. . . Total Cajun# 18 h7ri lincj Country Dehd Italy& ,Parcel Owner OWner2 !Address Ad4ress2 CILysthtezip - SCHOOL ST RLTY NOM -- OSTERVILLE,,MA 9549/340 186092 __ C/O SILVIA&SILVIA CO O BOX 43D 02655 TRUST 187032 GROARKi,M LAURA 229 PARK AVE. 02632RVILLE MA, 10253/173' SPRECAPEREALTY, WELLESLEY':Mti 28070(6. _r 187033 GAVRIS;,MATTHEW TR 10 EDMUNDS ROAD 02481 TRUST 48 187034 THACHER;;FRANK G: -� Z20 ANNABLE POINT CENTERVILLE, MA. 13.65/784 Rp •02632. - CRAWFORp,JOSEPH_ JOSEPH CENTERVILLE'MA; " 187043 BARRY4CAROLYN. BARRY&CARQLYN_ 539 SOUTH,M JN ST 02632 Q04185. LOUISE::TR. .LOUISE CRNWFORD 9LT 387063001 MATHIELF;'GREGG`E& -- - --� 121,BEECH LEAF , C.E_ RVILLE,'MA_ C161136 DEBORAH J ISLAND RD "02632' 187063003 HERRICK;:BETH.B& H'ERRICKTRUST 135 BEECH LEAF CENTERVILLE;MAMA C203719 TIMOTHYW'•TRS' ISLAND ROAD 02632. 187063003 DELANEY:WARD A& 143 BEECH LEAF CENIFRVIiLE,_MR C209969 MARY ELIZABETH ISLAND ROAD. 02632 RSTER;]AMES-N-& � — RVILLE,MA Ci35635; 02632 - 187063004 FO SYCVIA E. PO BOX-56- — V REYNOL.DS,ELLEN W _- -- -C/O ANDREA-� lil RIDGEWOOD FALMOUT-H;ME• 187063,005 &GAUVREAU,. CRAMER,ROBIN W C139822. RNpREA,VJ GAUVREAU DRIVE 04105 187063006 CIRILLQ,-KENNET-H 3& 153 BEECH LEAF CENTERVILLE,;MA C131685' MARGUERITE A ISLAND RD 02632 187063007� ROBINSpN,HAROLD:L -� --- 155 BEECH LEAF. - --- CENTERVILLE,MA. C194966 &MIRIAM G Is Nb'ROAD 02632: 187063008 GROARK,MADELINE L 156.BEECH LEAF CENTERVILLE MA Ci,•75384 ISLAND,Rp ------- - Y BARNSTABLE,TOWN. HYANNIS,.MA. g901/132 167082 'OF(REC)' 367 MAIN STREET 026 01.' 2D70D1001 GERLOVIN,MARK 192 W.INCHESTER ST BROOKLINE,.MA C211203 . APT 1 62446 - -- SEASMOKE]OINT` BROOKLINE,MA C209621, 267001003 C/O OAV1D JENNINGS 54 SARGENT ROAD. 0z445. VENTURE,LLC _._...... - GIANNELLI STONEHAM MA GIANNELLI MICHAEL , C198142 207163 P TR CENTERVILLE REALTY 6 ARICIA LANE' 02180 ' TRUST CENTERVILLE;`MA httpa/maps,townofbbmsta4ia,ustarcims/appgeoapp/AbutterReport aspx2type=ZBA' 8/1/2O17 AbutterReport 207164 RUFCEfH,PETER W 230 PARK AYE, 02632'.' C12527S i This ist;by itselr does.NOT consGlute a certified list of abutters and is provided,oniy asan aid to the'determhation of abutters:l,-a certified Ust of abutters is.recIpIred contacidhe Assessing piJisfon to tiave-ttils list ' certified.The owner and'address data,on.this list'is from the'Town of Bamstabie Assessors'data6ase'as of 81112017. http://maps.townoft arhst6bte.us/arcims/appgeoapp/Abutt6rReporh.aspx?type=Zb; y2 Towl of Bamsfab)e Geograph(g information System August 1 201.7` ' F r 11887d3100.1 ytI w a _ 187046 7F189 ,•s #2i1 207022001 IL ' it t 187082i /n/ /h1�3+.� �'"�5��. rr ✓i r �f. 20713$' i E #1dq ✓ f fry 987032+ s r t i.�����rti� ,,�/iC�- �r'+✓r.�+f`''',.'�,:'i S5 Z .0214 �•' r s �'v 229 l+ '+ }- � - 'y'r%''��`f�o�rl��if >��r✓:;� r %'4'My.r � , t- - - _ % s 1 tr'•f 'S+•%r it%�r e �r t%�'f IS % ,r�s d9•xv''ej+Se,�r u.: { ✓ �FJ ✓ r. .l1',•.J•. `"y./�y/'i!E! hr'� '��r<r"� - 1 r ,s' ,� 5�;l�rt�t 4yJ.,g1 '`�j�V- y. ; f i��°✓r f�r',i�,>.•/��r.,%rt`.S p.rJi� �,G•�rf _ J ;. , ,' l !! � �>�✓{/ �i','rary fr>r✓ff'��y5' s; 1"i,{f� .j,^' ,piY,.r?' 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A _' -.� rI�'} ��t f,',l?� .fi'Y{ / {r._..�•%`�i, '���!✓. � G��.�r Yl J<s!i/ 1 , t #0 r 1070630Q1r ,j�/lGrr�ijf' � � 1%�'rt ft' '.irS i''J}:-' fi✓ } fir%j3rr/✓ •�r �" ` 12'I r, rl� r C. ., ;F•J $ ''r/ �l'a" If 'ii! l /y l�„/'+V+F� f'r�r ,,; >� y'✓?J7 �r�,.>^'rJ'f'".r�� fyYr t r :! krl/ .^ ir3t' ` yf�� �'YJ I ,r' r •w� r r f':%' {'r $✓ ' 'Y i ....vr �M•f,%'Jr%"s'°' ..rn.iyti, � Sr/ 'mow" ,— .. ' e,GcY•! j ! 483 ,�' '1878ti3 4y,ry �� rj'�� Gx-���+'ra tfJ;� �v�yi�;•i-Y• /'t`,,''•X�n/'yY�,-, r,ir' ,.� 187 003' l ,r. �'L•Y: f�� •�' f� J .ir - r`d,�':,, •'rrS`'j!�"�y-Y1�•}43 �.;;'r'ff,/Y Qf,j1471 f✓)'v � 87 d05 r .zt � ��''rr% ^`•wr!"'"y �r�l-+rt5"�'� f � + { an'�N�.,;,{.:�';a�;3+�'.r�/�i``i v�•� ,f. `5• r�r. _ f�.l�h;:s!� rf, /J�+'�• iJ' .z}`:.w 207184 : r%Y!,�it ✓�.�;,fr�f'�r`+�5.. � =�":` .;f��ti•�,�tic8 r'�''r' !`:-•v 'y-f:v�?�.g.. ,;,.�.:��{�':. ,-#2'30 .r, �>Y.i..r�r�-G'..'� l� v' �"I .. !i! i•, r ,�1 . +�i� .,r.l1�S, �ir`'r r' �Y�� ", . t .r •T.%� Ll%l✓:;%' , ?4�+.�!-,'fa 01 �SujS.�{�l,rrr�y`• k� S,!i'.+ ?{ jc✓M% :��1.�,'^vo^'-'`l ; ✓. .v war.-` rr*�S J r;':.. f i'"�r's�ffSri ,• r � rM>Y�' x r Y�"%1' r 207006 .. ...... ..✓' / �,,r Fc/ sir �/,i'r6 S'�• rr �r,4( .,u'Y!/ +5"-.i'r�' fir rti ,�t r .#A38 187063002: sy1£, '7y' Iv� P1JY4r4yr i #135 ..1f1'f': •? {rr �,' t'" �1/:•y'f a(� '3"!""1.+5!% ' !y1``yrirf�;K1,8 .t/virt - t- �. - 107g79002 y �.„fr^sf r�r h ,t t ,+ $�y..rrf+rtrrr✓,?.,l hfl ? _.%'- ,r,� _t' U r r. rt ,r�rrs r �Cr{ ��rrr7')rhi�i/'�M�".�'� �'✓h � �!rf � a��r tt�! r c+ ,207d05: . -:� ,yy,r/��!'. '"l5. .rat �f .%J� n �h: i .F -� Y.1!1�.�. •r a ,. 5✓ i�;r{t rl�l.Ant_y'rt;+ty../,}kfSrfr� l 7 001 00 3 2ja Ile, , !l'r;�+1,•„✓i::S%�sS�i� >.t�/ 1�'�i'�`'.:'�.r���'i/t',Yr.� '�1,,:•:�iff"".�t•r:+,yS'<!�:4'SS,+,•.` c����.'jt✓°' . t z.i � r r x• r%+,•-iw•y�t�./���.r✓<,+f✓syv.G c 4� N'r,C �r !<y"�'l�p-/033?�i. j'r�-rrJr{� " r l rS Y •'%:ri J` cf /i •{ r rr f hF620 :t 207003002 J J ,{.�vl+'3 •°i rfg 9>,:'•,?,;�. ,•a rY'•,r -'i:4+!tf�ri•''� �'i i.'G rf'% #9999 r t c .1ra 8 8082�r l .�,7. t_ x;c;1t"�e•f�.'S7y""�v,�;,yL h'.:'i'' 1tr��7.`y0i�i!s++''in'�%�k:rAr'+}"rr 1rfl�f.rf"✓rr'.�s�n��r'�n,,•t,rt�dr�r✓ii�,�5�;.�"r?y%'Ns�g_'fyN�I'�j„/�rfXt{�t�✓%9Y.o`✓/lt�- '�:,z{rr}`�'t%�' yr .. #514. 2A7. 0)8 270 0 ' 5k ry3 � 204.51.202 207003001 t x\ 186049' 261 # 206063 660 ; •_ 1t489 ... OisGLAIMERS:Thlsma isfoi arming,purposes.orgy.lusnotadeyuacefome9al Map.167 Parcel.063005 Zoning Board of-Appeals(ZBA). .. H ' boundary deLe.rminaBob oprfegwl ry lnterpretagon. -' - 'Selected:Parcel .-,ements.kevond.O4*o,of. Abutter List 7ypa- Pal les of interest a e those•-directl�,oppostte spb)eclAoton_ W . .E . T=toe'may normeeFastabJlshBd map.acwradystanda8nradrs9,•`The parcel llnes or t, s map-. are,onlygraphlc represgptallgruatAssaasors licK parcels:Ttiajr are not lrueprgperly. :any pubilc or pr(vate',sfreel'oi?Way and'abLtteLs•lo abutters. Notlficationbfali -. Abutters l boundaries and'tld not repre'sePtaccurate relauonsntps b P.Ysipal fgetures orj'Ihe map' prAperti6s within 300 feet:rind 1l7e SUbJBGt IOt "gtl(1er .suite as building bdalicne. . .. #9 ToWndi Bar stab e y r eori'g BomarP gals .13 '2 ri ` GALAD yfr ; } 'Nolceol.P ficTleanngsundeLtheZoningOrd,nance}� 3 .: t �sgq+ 'owrtoT9amsta'ble� Y � : y� sF ��sAu9,7sE�L30]Z �� s v s t Zbnt'ng Board o?Appeals r { 4 To al p rs ns�nterested'Iq o[affecfadtb i,t. act,pns o(,dhe 2oning c> Notice otPubilc Weavings underthe Zoning gr'dmance r: LE a3 of.Appeals-�oJ are hereby nohfleg.pursuant to 5ecf on �1 ofi ( ` ;r �. --„�s Abst C(ia d0A of=thej6eneral Ia�us' a Ggm(nonwezlt�i of Massa i6 al[parsons i terested n or attecte ` the actions of th ong` c usehs and alrp endmeri(s'thareta l6ay a puhAc,tieanng o{the Board of AppekTs ob anti'g nott(iad pursuAn[#o Sectlon 11`of folllowln pep is w�•1 be fief o"n`Wednes a ;+AugJft 23 2017 `the: C,;�apte ,�40b oTIO GenRa[ a vF of theTommonwea�th of JtaSsa; ii e dicated. % chusetts and a I.amendmep(j•t;erelo�that apubltc hearing on,the: 1 lolloing appeals wrlf�bel,kid on Wednesday Aug fst23,2017 atthe. n.w�... •--"' Cil m bm'e�ndcataJ A, OO P M 33��App't NNg 2017 055 �� avn o,Tir Cuiti'as+prospsec a owner s a a lmg,the decision pot; 1r ibY e , 8ifilding Camm°alssione`r to de�y�a 6u 1 Pe,mon r to 13n3 lo't's i!4 0 FUM Appeal Na 2 1'056 �a s_CiluBi ie he'+�c'q'"hs4�u Gon,o,a s,ngl a,ii ilk o e;,n tT!�0 1 r rJohn E C,lum yas prosQecm o ne is pealing tha decision"oj OTiti p pe (4 oca ed at1d9 Eleec�L$_at;(slaOd Ce to ernije MA as `fie Building Comfifssione io deny a buildldg po{mtt(8 17 303):far t }i nor, show-dn;Asse�ssgr.sllap Tb1_2s PaLP 1063 005 IF�soEatad i e 1 gle7construc5ori`of a'ingle;tafnity hon?ort a nonconforming lot; Res%ence,0�.RD'{)add.Resoorce �ec[ionTOv"arla Zonm Dsc; ��l;e`ptoper�slocated`aL149 Beech 1ea11sland,Cen[ervlile MA ash. a„ ,� - shotgn on isses or•s Map�.87 as psrcef063 005yIf1s1acaFed Inahe'. k Residene2 D i.(RD 1r and Resourca Protection Over]ay Toning Dish! F ',—"vr trlcEss. <5'c' - ,r,_L' 1'wr 7 U 1,1 eal No 201 =060 Cae Cod Pive Cenls Sao; rr r+ 't n. In9s " AD , r� t 7:iPMA peaa 20A 17 O60 y t Cape Cod Five Cents?Sav �it e�Cape Cor Five Cer7ts Sav ng lil.1 jas apphe rfo`r SpeciaS Pe ngsBan ' f ' ` mLpursuantlo:24d�25(C)"2o�r Ir1g Bogard of Appeals Special Per'. .lie Cape Cod hT3erits Savingsbank has applied for Spec]at[?er md.Ponslons7he App icansee�Cs ;erjr�',-ts'for a,Condtuonal Use'` m,ts pursG•ani3o 240'125;Cj•Zonng BoSN dl Appeafs'Speclal pur�ua�t o 9eotlon L40,25(Cj HIB way bustness Dlstf c CondWonal; Uses[or a banFiRh drive throughand and relleTpursuanY'tc 2dl)= f mit`'PrQvisios� =,Tie Applicant seeks pem[fts for a.Conddionaf.Use;. 93s onto formmgTbdildin sfa Str ctfe;No Usedas$I)1gTe o pursuanE to Bectlon 240 26((C)Highway Bu3lness DstrfcbCona hona�; 9, 4 4._. , l uses for a ba"nit with dr(ve=t]irough ands and rehet pursuaTito 2d0 Two.fam,]y Dwellings�e aadresskpreex,s6ng-landsca�e buffers, 9K-Nanconforming'vbliddiggs o;StNdures trot Used as Single-"o[ parkl g'lot design-,and d ne e%saV.�paikTrig lol ocahon and natural r (wgg'•1 am11 .D ielhngszto address=reexfs[Inq,rn'dsc�e bu ers I stafegw"femefits fiThe(+cant Isproposg to iombine and�red'e� paPking1b de�sjgn anq"K necessafy parking[oti�gcahon apd na oral �e several parcels with a now sfate'61'ti;e a bank ng cenFer.The state fegJirements The pp1""I isproposmg£o combine and T ede rproposat f3 o demoilsh tTieersbq�arse Cory 32,255,gross square; r velop several tarce1s wT a i�i slate of the art banking center fThe rfoot�iddmg artj520)yan�nouy h Road and a 5 9D4 s�"uar�eioo hio- opgsal islo demolish the exls3lpg one-sto,3225Sgrosasquare st„oory office CuJldingtit C31 0u'cks lane ah�jeplabe wth arj approxh oot bulidinp_at;.520 I annou Road and a 5 904 s uare Yoo4'iwo mateujl8 220 sgdare footy +o and.half stork oflTceblidmgAlse' story'off cz,b(�IlEing at 13f Attucks tane.and feplace;wllh a,a'p�s(oRC p!Ro�ed Is cdnsttu-cuoq of a tv`�ii met i rkmg stNc�=tur nn 99 j$3: m`ately 78;220-square foot%o arld'haif story ofjlce bu`dd Og Also squa ti lex�ee of ra,sedl"'- ed parj�clydg deck extens ve�renovaborjg? r'o os d Is co'n`strudio`n of aivv level`:pailejng structure dnth 99 733 an p oygmen^ts two thewe enfrles ark1n4,dlv�eway-arjd land. squ-are fee of ra(sed�coyefedark)ngdeck°exterisiverrenovations, Lwscap �e DWeyr es e-located'a 1320 annough jjoad and s s. c oEt t' anl.im rovementso the s�lete�ntnes .pa[king dnveway and Cantl+ 131�AtNc tla,e yannis� fawa s ,,on. 53$Sei>a�vr20�53�d5`, scs fnP oada d.` P.ar"Cet5�020T 020 00 208g0� 44d-'1 a , 5-40 Tarcel[09, P O The pEgpertlos are IocateE}at (520 Iyanno3gfL[t g e 131�Attucks Lane+H�anms MA as shown on Assessor s Map 2$3,as; 'esyarceis are ocaterlri h9 rghway Bustnes HB)an[yVVellhead; Bartels 020aD0 020 HDQ b20 BQOrand Map P54 as Parcel;,0i2 r. ePia echon OYerlay2on;r„�g Dl$tr ets'' r „ �-•a ;. The parcels are'locafed Tn'the?Ilghway Business(HB)and Viteilliead -xfI7h; *° r• 3"t '"^4! a ; Potec],onOvsri'ayZopingDls[ncts�' ' —, tx"Hs i°" rr Main$hee H3fanns MA,�i(�ea Flo m locatedt;i;woe 2nd!FloT e,� ia"`T 4_nT ti q''. . Wed es a,-AugustT23201. F lanss and"a plPcahons ma Te e :�hese publicpeariggs y+la held at the Barnstable 5 own Hall 367 �•� w Main$tree rWyannl'sSMAitieanng Room located on the 2rid'Fl6or 3�iTe`wed'SRthe;Zon ng hoard,' A Peais�Of[ce�sGrowlR Manages iNjednesda "Ao9usi 23-'2bb1T Plans and applicafon'r ni ay�e ie j rbepa en own Offces'200 aln Stree[`(iyannTs MA3Rrz"� Z wed aG a Zoning Board ufAppeaJs Office Growth t�danagern�n�I �'a �� � r r " r I Departmeh Town Offices 200 Main'Street HY-M-11 I 4 lex o oaks Ca,f �t a ' o ,ng Boa d6f'PPea,s (r ::z plak Cha r7�� i The arp�able�atnot - ° ' 'Z Zop�ng Board otAp eai ,,aAyAu�t A andAugJsl ti 20i7y •_.;, 4 r: afi7;a Barns xle Pa r]ot ri, _ r... t �•+AASip ana. ' x *- �yg�., I14 tP. � (r' Y i. COMMONWEALTH OF MASSACHUSETTS BARNSTABLE LAND COURT DEPARTMENT OF THE TRIAL COURT CASE N0. 17 MISC 000703 JOHN E. CILUZZI; Plaintiff, } DAVID HIRSCH,JACOB DEWEY,HERBERT BODENSIEK,. ) SPENCER AALTONEN and MATTHEW LEVESQUE, ) As they are menibes.of the:BARNSTABLE ZONING . ) BOARD OF APPEALS, Defendants: COIVIPT AINT I: This is an action pursuant to M.G.L.c.40A,§ 17 in which the Plaintiff,John.E. Ciltizzi,is aggrieved by decision of the Barnstable Zoning Board of Appeals. PARTIES 2. Plaintiff,John E. Ciluzzi(Hereinafter "Ciluzzi" or"Plaintiff'),is a natural person residing in Barnstable(Centerville) Barnstable.County, Commonwealth of Massachusetts. 3: The Defendant members of the Barnstable Zoning Board of Appeals(hereinafter the "Board")..dre residents of Barnstable;Barnstable County, Massachusetts and.their addresses areas.follows: a. David Hirsch;acting:chairman, 463 Elliott Road, (Centerville) l3arns.table,MA 02632;. b. Jacob Dewey, P:O.Box 614, (Hyannisport)Barnstable, MA 02647; C. Herbert Bodensiek,58 Loomis Lane, (Centerville) Barnstable, MA 02632,; d. Spencer Aaltonen, 316 Flint Street, (Marstons Mills);Barnstable,MA 02648;and e. Matthew Levesque, 72 Wheeler Road, (Marstons Mills) Barnstable,MA 02648. 1 Ciluzzi From: J Ciluzzi Sent; Thursday, December 23, 2021 8:52 PM To: Jeffrey:lauzon@town:barnst.able.ma.us' Cc: Help Desk Subject: FW: Ciluzzi -,Beach Leaf Island•Road Land Court Matter Importance: High Jeff, Please see the email below from Sr.Town Attorney Charles S. McLaughlin,Jr. regarding this matter. Thank you. Best, John E.Ciluzzi: John E.Ciluzzi President John Ciluzzi's Premier Commercial 1550 Falmouth Road,Suite 1 Direct 508-962-5033. Office 508-815-5701 PO BOX 731 Centerville, MA 02632 iciluzzi@pr.eniiercommercial.biz www:premiercommercial.biz The Regions Leader in Commercial; Industrial&Business Transactions E-mails sent or received shall neither constitute acceptance of conducting transactions via electronic means nor create a binding contract until and unless a written contract is signed by the parties.The information contained in this message and any attachment. to it maybe privileged,confidential or otherwise protected from disclosure. if you are hottthe intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by replying to the message and please delete it from your system: Please also note that any views or opinions presented in this email are solely those of the author'and do not necessarily represent those of the company. Please guard against wire fraud, please verify all wire instructions by calling the originator of the email using previously known contact information prior to sending funds. From:Jeffery Johnson<jeff@jefferyjohnsonesq.com> Sent: Friday; December 17,202111:56 AM To:Charlie McLaughlin<csmjr@comcast.net>:,Florence, Brian<Brian.Flore.nce@town.barnstable.ma.us>; Karen.Kober@town.barnstable.ma.us Connolly; Kathleen<Kathlee'n.Connolly@town.barnstable.ma.us> 'Fair, Marylou <Marylou.Fair@town.barnstabi6.ma.us> Subject:RE: Ciluzzi-Beach Leaf Island:Road Land.Court Matter Charles, Thank you.. Jeff 1 1 COMMONWEALTH OF MASSACHMT--T ' BARNSTABLE .LAND COURT DEPARTMENT OF THE TRIAL COURT CASE NO. JOHN E. CILUZZI, Plaintiff, ): V. ). DAVID HIRSCH,JACOB DEWEY,HERBERT B.ODENSIEK, SPENCER AALTONEN and MATTHEW.LEVESQUE, ): As they are members of the BARNSTABLE:ZONING BOARD OF APPEALS;, Defendants'. COMPLAINT 1. This is an actionpursuantio M.G.L.c.40A,§l 7 in which the Plaintiff,John E. Ciluzzi,is aggrieved by decision of the Barnstable Zoning Board ofAppeals. PARTIES 2. Plaintiff, John E. Ciluzzi.(Hereinafter"Ciluzzi" or"Plaintiff'), is a natural person residing in Barnstable (Centerville),.Barnstable County, Commonwealth of Massachusetts.. 3. The Defendant-members of the Barnstable Zoning Board of Appeals{hereinafter the "Board") are residents of Barnstable;Barnstable County,Massachusetts and their addresses are as follows: a. David Hirsch,acting chairman; 4,63 Elliott Road, (Centerville)Barnstable;MA 02632 b. Jacob Dewey,P.O.Box 614, (Hyannisport)Barnstable,MA 02647; C. Herbert Bodensiek,58 Loomis Lane, (Centerville)Barnstable,MA 02632; d: Spencer Aaltonen, 316 Flint Street, (Marstons Mills)Barnstable,MA 02648;and e. Matthew Levesque, 72 Wheeler Road, (Marstons Mills)Barnstable,.MA 02648. COMMONWEALTI-t:OF MASSACHUSETTS BARNSTABLE; LAND COURT DEPARTMENT OF THE TRIAL COURT CASE N. 0. 17 MISC 000703` 17Et JOHN E. CILUZZL ) Plaintiff, ) i V. a. . DAVID HIRSCH, JACOB DEWEY,HERBERT BODENSIEK; SPENCER AALTONEN and 1vIATTHEW LEVESQUE, As:they are inem ers of the BARNSTABLE ZONING BOARD OF APPEALS, ) Defendants. NOTICE OF ACTION TO THE CLERK PURSIJANT TO GuL c,40A, 17 1, Jeffery Jollnsot�, attorney for the Plaintiff; Johii.E. Ciluzzi,liereby provide notice to all cl;efencla�.fs, that Plaintiff lids appealed the decision of the Barnstable Zoning Board of Appeals Ciled'with the Town Clerk,on November 21,2017. Said deoision. reluseil to ovr rtut7t the dwisio of[lie Buiiduig Cot�ai lissionet reg ling proper ty iouttea at.149 Beech Leaf Nand Road,,Massachusetts. A copy of the Complaint is attached lereto,all pursuant to G'.L.c.40A; 17. Jam , f leflery(Johnsen ' 'L-BBO# 252510 P.O. Box 960 67 School,Street Hyannis, Maas'cach uf,'e l s O E01 • Jetf�r),�effer�johnso�esd;:eo;n� Dated: December, 1.I, 2017 LEGEND ;; BEECH LEAF CONCRETE BOUND (FND) ® � REBAR W/ CAP (FND) QQ . ISLAND ROAD EXISTING CONTOUR LOT 10 _LOT 9 E 2 .. .. .. LOT-.5 .!_ { t': I SR .. LOT.B LOCUS � � MAP It., , \'° �y,P PLAN REF:. ::41630 A \ DEED REF: 139 22 OSE{ \� ASSESSOR'S MAP 181/063/005 a Lois j: 1 �v�eaineNw ZONING: RD 1' SETBACKS: 30 10-:1 V { 0 3 PROPOSED FLOOD ZONE: X -1_, 15W GALLON TANK...: _ _ i ' �+ ` PANEL NUMBER: 25001C 0563 J DATED; 7/16/14: }m� { >: ° °'• 1r OVERLAY DISTRICTS: SALTWATER ESTUARY ear000 ? RPOD . . l �c,P ,:- .oe�>�1r Y a w : = �56, MAP %PARCEL P l n 267 163 ,2. �, , ROPOSE { ' y B SITE. `PLAN • D o MCHMAR 'Ieenx 2 TP 3 aTP 4 f /r . �� LOCATED AT: „5.9 e s \� 149 BEECH LEAF ISLAND RD. \ CENTERVILLE, ;MA 28 96 S:F. PAR � GReS, Y PREPARED FOR; \ 1 . ' z.:. MAP &PARCEL: JOHN CILUZZI Bvw z` 2oT/oo,/oof y of 9 JUNE 6 2015 f ; � �. `�� •� �}, . � A Q�� DAVID `�y\ REV: � .� ' :� �� : k39 R �• - �. ��, NtA80N �;� REV: REv: 1 MAP.&PARCEL �.X , bwr.4 :MAPPARGEL ...: ` - YANKEE- LAND' SURVEY LL-C 166/092 26 iBZ/033 :. K ss 153 LOV.ELLS LANE GRAPHIC SCALE MARSTONS WILLS IMA B. B 7 NOTES : �.. - TEL:"(508)428-0055 ::FAX. (508)420-5553 .ELEVATION.DATUM ASSIGNED � � t ':'I yonke evey®comcost.net www.ydnkeesurvey.net . BVW 8 .: �.' � 1 inch 40 fti. esu WETLAND ('LAGGED BY: WAYNE.TAVARES,i.LA PWS'FEBRUARY 2014- -:,. --. : -!; SHEET 1. OF 1 JOB#: 55101 JM PROPOSED SEWAGE SYSTEM PROFILE VIEW N .T. S. PROPOSED '.. .. .. . . .T.O.F. EL.I.13•. . . ... PROPOSED .. FIN GRADE:= 112't. uO RISERS PROPOSED t0 FIN GRADE = 112'3 1/8"TO 1/2' DOUBLE.WASHED STONE®3'THICK ORGEOTEXTILE FABRIC PROPOSED . _ OIA. DIA. EI. 110.64' �(fl - - FIN.GRADE= 112't INV EL log. 09 5' INV EL 10'_MIN: f 14' MIN. - INV E:.. - .... 10912'. -� / ' 1DBA5' . . INV E6. MIN. 6' INV EL - $5' .�I NsaccnoN ._:.. ... BELOW FLOW LINE . . 1 I LIQUID f l 48'. '. .:' : 168.75' SUMP 108.55' EL ID8.3' o:o o 109 3' GAS BAFFLE s'STONE a a ..^ y PROPOSED.. --- -.. ._ EL. 106.3' PROPOSED 1500 GALLON TANK ,DISTRIBUTION BOX -. 48' 3/4" - 1 1/2" 4.8'.• 1 :.:. PRECAST.REINFORCED CONCRETE DISTRIBUTION BOX DOUBLE WASHED STONE ".TEES SHALL BE..CONSTRUCTED OF SCHEDULE 40:PVC:AND SHALL EXTEND A ': DISTRIBUTION BOX-SHALL HAVE:WATERTIGHT COVER - - :..: :MINIMUM.OF'6".ABOVE THE FLOW LINE.OF THE SEPTIC TANK:AND BE ON MINIMUM'WALL:THICKNESS =2' - .. - -. 25, THE CENTERLINE OF.THE SEPTIC TANK LOCATED.DIRECTLY UNDER THE -' -.I :_MINIMUM'INSIDE:.DIMENSION =.12' .. - ' : i" PROPOSED CHAMBER TRENCH ,. - CLEAN-OUT MANHOLE. OUTLET:'INVERTS SHALL BE EQUAL TO EACH OTHER AND AT THE INLET PIPE'ELEVATION SHALL BE NO-LESS THAN 2',NOR MORE THAN 3. 2'MINIMUM BELOW INLET INVERT. 'i, ABOVE THE INVERT ELEVATION OF THE'OUTLET PIPE. ! THE.DISTRIBUTION LINES FROM:THE DISTRIBUTION BOX,SHALL ALL HAVE _ SEPTIC TANK SHALL HAVE A MINIMUM COVER.OF.9'- - EQUAI;INVERTS AS-DETERMINED"BY FLOODING THE Dmmiumbk-80X TO THE HEIGHT OF THE DISTRIBUTION UNE.INVERT AFTER ALL LINES.HAVE .SOIL DATA:: .':. BOTTOM OF SOIL-PIT:=EL.Tot 5' TWO-.20"MANHOLES WITH:READILY REMOVABLE,IMPERMEABLE COVERS BEEN SEALED IN PLACE. :: - .: TEST-DATE: 12/31./2014 NO GROUND.WATER OR'. OF DURABLE MATERIAL SHALL BE PROVIDED WITH.ACCESS PORTS:' : INVERT:ADJUSTMENTS SHALL BE MADE BY.FILLING.WITH DURABLE AND :'.- REDOXIMORPHIC.FEATURES OBSERVED MIDDLE ACCESS PORT SHALL BE 8',DUI.MINIMUM.: .-.: " <i:'. NONDEF'ORMABLE MATERIAL PERMANENTLYFASTENED TO THE LINE OR -' SOIL-EVALUATOR:. DAVIS MASON THE,OUTLET TEE SHALL BE:EQUIPPED WITH GAS BAFFLE. -- RECONSTRUCTING THE LINES UNTIL ALL.INVERTS ARE OF EQUAL ELEVATION._ - APPROVAL DATE; .. ... SEPTIC TANK:SHALL BE INSTALLED LEVEL AND TRUE TO GRADE.ON A LEVEL'- DISTRIBUTION BOX-SHALL BED INSTALLED-LEVEL AND:TRUE:TO GRADE ON A LEVEL, ------ STABLE BASE THAT HAS BEEN MECHANICALLY COMPACTED AND ON WHICH : STABLE':BASE THAT HAS BEEN.MECHANICALLY COMPACTED AND ON WHICH - HEALTH AGENT: DONNA MIORANDI,-RS - 6'OF CRUSHED STONE HAS BEEN PLACED TO ENSURE STABILITY-SAND - 5',.OF-CRUSHED STONE HAS:BEEN PLACED TO ENSURE STABILITY AND - . TO PREVENT SE TUNG: TO PREVENT SETTLING. SEPTIC :TANK CAPATICY:i PROPOSED REQUIRED - 330 GALLONS AT'.200% DESIGN DATA: - PROVIDED. - 1500 GALLONS TO REMAIN THREE BEDROOM = 3 X 110. = 330. GPD REQUIRED FLOW f 12.83': cano 1 NO GARBAGE. DISPOSAL ALLOWED 34 11z t . .. a N 6,. LSE CHAMBER.TRENCH 25'L: X 12.53'.M X 2`, EFF DEPTH - _ 24" GENERAL NOTES: (25 25' +. 12:83 12.83) X 2.0 = 151 S.F. -48" 58 48" 1. ALL THE WORKMANSHIP AND MATERIALS SHALL CONFORM TO DEP.: :. 25' X 12.83 = 320 S.F. TITLE V AND THE TOWN OF;BARNSTABLE RULES AND:.REGULATIONS 471 X 0.74:'= 348-GPD TOTAL DESIGN FLOW NUMBER:oF:TRENCHES=.'ONE, _ _. FOR THE SUBSURFACE DISPOSAL OF SEWAGE. Nu11sER of uNrrs=Two.; 2. ACCESS PORTS OVER TANK,:,TEES:SHALL BE.ACCESSIBLE WITHIN 6",; PROPOSED LEACH TRENCH -':END. VIEW OF FINISHED GRADE INSTALL Two 500 GALLON NUNITS:. ''.. : WITH.FOUR fl�T OF DOUBLE WASHED STONE::, 3. ALL COMPONENTS OF THE SANITARY SYSTEM SHALL: BE.CAPABLE OF AT SIDFS.AND.ENDS WITHSTANDING' H-10 LOADING UNLESS THEY: ARE UNDER OR WITHIN 10.' OF DRIVES OR PARKING. H-20 LOADING SHALL BE USED UNDER OR WITHIN T.P. #1 PERC <2 ;M/INCH. T.P. #2 PERC <2 M/INCH: T.P. #3. PERC E2 M/INCH T.P. #4 PERC <2 M/INCH!:: 10' OF DRIVES OR PARKING,.UNLESS NOTED. 4. THE EXCAVATOR/CONTRACTOR SHALL CALL "DIG SAFE" AND VERIFY THE LOCATION EL t t 3.5' D« EL 1 i 3 5' D, EL. 1 t 3.5° O EL.113.5' o. OF SITE UTILITIES PRIOR TO ANY EXCAVATION, AND SHALL BE:RESPONSIBLE FOR . .. ,0 ORGANIC - ,0" ORGANC* "0" ORGANIC ALL MATTERS RELATING TO ELECTRIC AND/OR GAS EASEMENTS; 5" 5" 5 . 5':. 5. SEWER PIPES SHALL BE SCHEDULE 40 PVC: (4" DIA. UNLESS OTHERWISE.NOTED). " 6. ANY MASONRY UNITS USED. TO BRING COVERS TO. GRADE: SHALL, BE .,. ew "Ls 1 o:-YR 6/8 "BIN "Ls 1 o YR<6/8 "Bw. %S 10 YR '6/8 ?Bw" "Ls 1 o R 6/E MORTARED IN PLACE AND -SECURED TO UNAUTHORIZED ACCESS 38^ (a 1ao.3aq 36 _(EL no:3a') 40"(EL :no.n) 38".(EL 11o.1T) 7. FINISH GRADE SHALL HAVE A MINIMUM SLOPE OF: 0.02 FT,'PER FOOT. 8. EXISTING SYSTEM COMPONENTS '- 1F ANY. SHALL BE'ABANDONED PER MEDIUM MEDIUM MEDIUM EDiuM TITLE 5 REQUIREMENTS. "Ct" 1O:YR 7/4 "C1" t0 YR 7/4 CI" 10 YR'7/4 "C1" 10 YR 7/4 SAND'. SAND SAND SAND 9. THE EXCAVATOR/CONTRACTOR SHALL BE RESPONSIBLE TO CONTACT YANKEE 6Zao1s' " LL1ois " EL.101s EL1I 144 144 144 SURVEY 24 HOURS PRIOR TO ANY REQUIRED INSPECTIONS. ,.. 10, ALL COMPONENTS. SHALL BE MARKED WITH MAGNETIC TAPE OR NO G\WATER OR NO G\WATER OR NO.G\WATER.:OR No G\WATER OR COMPARABLE' MEANS IN ORDER TO:LOCATE THEM ONCE.BURIED. • REDOXIMORPHIC FEATURES,,:_ ftEROXIMORPHiC:.FEATURES. REDOXIMDRPHIC FEATURES. REDQXIMORPHIC FEATURES _SHEET 2 OF 2 JOB#: 55101 Town of Barnstable Growth Management Department Jo Anne Miller Buntich, Director Staff Report Variance No. 2015-045— Reynolds, Gauvreau, Cramer §240-11(E) RD-1 District & §240-36 RPOD & 240-7(D) Lot Shape To unmerge a lot and allow for construction of a dwelling Date: September 29, 2015 - To: Zoning Board of Appeals From: Elizabeth Jenkins, AICP, Principal Planner Petitioners: Ellen Reynolds, Andrea Gauvreau & Robin Cramer 1 Thornhurst Road, Falmouth ME Property Address: 149 Beech Leaf Island Road, Centerville ("Lot 7") Assessor's Map/Parcels: Map 228, Parcels 009 & 008 Zoning: Residence F, Resource Protection Overlay District Filed:August 14,2015 Hearing:September 9,2015 Decision Due: November 22,2015 W' 771W5 Copy ofaPublic;Notice ., e �Ellen W. Reynolds, Andrea W. Gauvreau and Robin W. Cramer have applied for variances from the 1 acre minimum lot area requirements of§240-14E RD-1 District, the 2-acre minimum lot area requirements of§240-36D Resource Protection Overlay District (RPOD) and §240-71D Lot Shape Factor Requirements. The applicants seek to construct a single-family dwelling on a lot that is nonconforming due to merger. The property is located at 149 Beech Leaf Island Road, Centerville, MA as shown on Assessor's Map 187 as Parcel 063-005. It is located in the Residence D-1 and Resource Protection Overlay Zoning Districts. ----------------- Back round . A.i The subject property is located in Centerville, west of Bay Lane. The undeveloped lot contains .65 acres (28,490 sq.ft), inclusive of upland and wetlands. The lot slopes away from the road and1hen drops sharply towards a wooded swamp. The panhandled and irregularly shaped lot has 28.69 feet of frontage on Beech Leaf Island Road (a private way). The lot was originally created by a 1984 subdivision plan, Land Court Plan 41630-A— it is shown as Lot 7 on that plan. The 1984 plan subdivided property defined on a 1982 ANR Plan' that outlined the boundary of what would be Phase,l l.of the "Beech Leaf Landing" subdivision, developed by Silvia & Silvia Associates. - Silvia & Silvia Associates owned Lot 7 until June 1991, when the fee simple ownership was transferred to another party. It was transferred again to Brian Dacey, who completed construction of the Beech Leaf Landing subdivision. Mr. Dacey sold Lot 7 to David Woods in 1992. Upon Mr. Woods' death, title to the property was transferred to Marjorie Woods (in 1994).. Based on the survey plan submitted by the Applicant, and consistent with the 1982 ANR plan, Lot 7 abuts a parcel at 520 South Main Street.2 That lot is .83 acres and improved with a single-family dwelling. It is somewhat unclear where this lot gains its frontage. 520 South Main was also owned by David & Marjorie Woods beginning in 1972. Again, upon David Woods' "death, title to the property was transferred to Marjorie Woods. ,It appears both Lot 7 (149 Beech Leaf Island Rd) and 520'South Main Street were held by'either or both David and Marjorie Woods from 1992 to 1996. 1 Plan Book 363 Page 72 2 The Town Assessor's map does not show these parcels as abutting. r ' Zoning Board of Appeals-Growth Management Department Staff Report Appeal No.2015-045—Reynolds/Garveau/Cramer Lot 7, a .65 acre lot, became nonconforming when the minimum lot area in the district was increased to one-acre in 1985. The lot was afforded a seven year"zoning freeze" after the definitive subdivision plan was recorded; that protection lapsed in 1991. It appears Lot 7 and 520 South Main Street merged for the purposes of zoning during the ownership of David and Marjorie Woods. Under the "merger doctrine", lawfully created nonconforming lots that are adjoining and held in common owrership are treated as one'lot, to the extent required to conform to zoning. Because the two lots were undersized, and held in common ownership after the zoning change rendered them nonconforming and all plan protections had lapsed, they"merged" together as one buildable lot for the purposes of zoning. The survey submitted by the Applicant indicates portions of a driveway and parking area serving 520 South Main Street encroach on the rear portion of Lot 7. Relief R x .eq nested,.,I ,� • � s � � � .�.., � �.�� vu. ri R _ „. � �. . The current owners of 149 Beech Leaf Island seek variances from the one-acre minimum lot area of the RD-1 District and the two-acre minimum lot area of the Resource Protection Overlay District. The applicant has also requested relief from Section 240-7(D), the maximum lot shape factor requirements. A plan has not been submitted that shows the lot shape factor for the lot. The variances are requested to allow the lot to be an independently buildable single-family home lot. The owners seek to transfer the property to another party, who is proposing the construction of a 3-bedroom single-family residential dwelling. ;Staff Comments ..�_L.. .�,F ka'. • "..:.{did 'A'��' '% F 4 #''i . The Applicant did not provide a title history for this property that outlines where and how the lot merger occurred. The background presented in this report is based on title research conducted by staff and may or may not be inclusive of all relevant information. Further, if 520 South Main Street is the lot that merged with Lot 7,.staff questions whether variance relief would also be required for 520 South Main Street. Vdridnce'Finclings The statutory requirement of MGL Chapter 40A, Section 10 for granting a variance is a three-prong test. The Board is required to find that each of the following three requirements has been met to consider granting each variance request: • owing to circumstances related to soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located; • a literal enforcement of the provisions of the zoning ordinance would involve substantial hardship, financial or otherwise to the petitioner; and • desirable 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. An application for a°variance that has met all three requirements "does not confer ... any legal right to a variance." The Board still has the discretionary power to grant or not to grant the variance. Zoning Board of Appeals-Growth Management Department Staff Report Appeal No.2015-045—Reynolds/Garveau/Cramer ` Su ested.Conditions ��: No conditions have been drafted at this time on account of the need for additional input from the Applicant, the Board and the public. CC: Applicants(do Attorney David Lawler) Attachments: Application Proposed Site Plan(8/24,Yankee Land Survey) LC Plan 41630-A Assessors Records Aerial Photo w/Topo May 1982 ANR Plan Public Comment—J.Neil Forster,147 Beech Leaf Island Rd 3 Town of BOrnstab'le Zoning ,,Board of Appeals` Notice of Withdrawal without Prejudice Variance No.2015-045 Reynolds, Gauvieau, Cramer F §240-11(E) RD-1 District& §240-36 RPOD-&`240-7(D) Lot,"Shape; ; To unmerge a lot and allow°for construction of a dwelling Summary: Withdrawn without Prejudice Petitioners: Ellen Reynolds, Andrea Gauvreau:.8, Robin,Cramer 1 Thornhumt Road, Falmouth ME Property Address: 149 Beech Leaf Island.Road, Centerville,("Lot 7") Assessor's Map/Parcels: Map 228, Parcels 009.&008 . BAP. ISTABLE Tliti CLERK Zoning: Residence F, Resource Protection Overlay District. 2015 OCT 14 PPi1i3? Hearing Date: September 30, 201:5 , Background and Summary In Appeal No. 2015-045;the Applicants sought variances from the 1 acre minimum lot,area requirements of §240-14(E) Residence 0-1 District, the 2-acre minimum lot area requirements of §240-36(D) Resource Protection Overlay District(RPOD)and'§240-7(D)Lot Shape Factor Requirements to.allow construction of a dwelling on a merged lot. At the hearing, Attorney David.Lawler,.representing the Applicants„requested .to withdraw the application without prejudice. This application.was filed at the.Town Clerk's Office and Zoning.Board•of Appeals offices on August 7,.2015. A public hearing before the,Zoning Board of Appeals was duly advertised and notice sent to'all:'abutters in accordance with MGLChapter 40A. The hearing was scheduled for September 9, 2015 and continued'to September:20,2015, atwhich time the;Board voted to accept the request to withdraw the application:without. prejudice. Motion Based upon the request of the Applicant, a`-motion was duly made.and seconded.to grant a'withdrawal without prejudice of Appeal;No. 2015-045, a request for variances.from minimum lot area requirements,and shape factor to unmerge an.undersized lot. The vote was as follows: AYE: Brian:Florence; George T.Zevitas, Herbert K. Bodensiek, MattFiew Levesque, David A. Hirsch: NAY: None {{` Qr der"ed Appeal No. 2015-045'has'been.Withdrawn without'prejudice. 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 ofthis decision, ; a copy of which must be filed in the office of the'Barnstable Town Clerk. taj tir. (5, Brian Florenc ,Chair 1 :Date,Signed I, Ann Quirk, 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.. `dyoY �Signed andsealed;this� nder thepainsand penalties ofperyury, Ann Quirk,Town Cl k' w f mot , $NE llow' n' of Barnstable Assessing Division 1639. �� 367 Main Street,Hyannis;MA 02601 www.town.barnstable.ma.us Office: 508-8624022 Jeffery A.Rudziak,MAA FAX: 508-8624722 Director of Assessing ABUTTERS LIST CERTIFICATION August 28, 2015' RE: Adjacent Abutters fist For Parcel(s) : 187-063-00$ 149 Beech Leaf Island-Road Centerville,-MA. 02632 As requested; Thereby certify the names and addresses as submitted on;the' attached sheets) as required under Chapter 40A, Section 11 of the Massachusetts General Laws for the above referenced parcels as they appear on the most recent tax list with mailing addresses supplied. t Board of Assessors', Town of Barnstable s, e r d: f AbutterReport Page l of 1 Zoning Board of Appeals (MA) Abutter List for..Map & Parcel(s): 187063005' ,Parties of interest are those directly opposite subject,lot.onany.publicr or private street or,way and abutters to abutters. Notification of all properties within,300 feet ring of the subject lot. Total Count: 18 a Close: Mailing Map &Parcel Ownerl Owner2 Addressl` Address.2 CityStateZip Country De SCHOOL ST RLTY C/O SILVIA&SILVIA OSTERVILLE:MA 186092 P 0 BOX 43.0 95� NOM TRUST CO 02655 ' . 187032 GROARK, M LAURA `229 PARK AVE 's CENTERVILLE; 10: 'MA.02632 GAVRIS, MATTHEW SPRE CAPE REALTY. 30 EDMUNDS WELL.ESLEY; MA 187033 TR, TRUST ROAD, x ' '02481 28( 220 ANNABLE CENTERVILLE,. ' 187034 ..THACHER, FRANK G POINT RD : MA 02632 - 13E CRAWFORD,JOSEPH JOSEPH BARRY&CAROLYN 530 SOUTH MAIN CENTERVILLE, 187043 BARRY&CAROLYN -LOUISE CRAWFORD ST MA 02632 C21 LOUISE TW. ]LT MATHIEU,GREGG E 121 BEECH`LEAF CENTERVILLE, . 187063001 &DEBORAH J ISLAND RD. MA-b2632 Lll HERRICK, BETH B& 135 BEECH LEAF CENTERVILLE, 187063002 TIMOTHY W TRS HERRICK TRUST ISLAND ROAD MA:.02632 C21 STEPHEN A&TERRI CHETEK CHETEK,STEPHEN A 6544 NW 31ST ". BOCA RATON,FL 187063003 &TERRI TRS ,LIVING TERRACE 33.496 C21 TRUSTS FORSTER,JAMES N 147 BEECH'LEAF" CENTERVILLE, 187063004 &SYLVIA E ISLAND RD MA,02632 % Cl; REYNOLDS, ELLEN W` ' C(O ANDREA 1 THORNHURST FALMOUTH ME 187063005 &GAUVREAU, CRAMER,ROBIN W` C : ANDREA W; GAUVREAU ,_„ ROAD 04105 t CIRILLO,KENNETH J 153 BEECH LEAF CENTERVILLE,, 187063006 &MARGUERITE A ISLAND RD MA 02632. . C : 187063007 ROBINSON,:HAROLQ. 155 BEECH LEAF CENTERVILLE, C1S L&MIRIAM G ISLAND ROAD MA 02632 GROARK, MADELINE 156 BEECH LEAF` CENTERVILLE, 187063008 L ISLAND RD MA 02632 C1. 1 BARNSTABLE,TOWN' 67 HYANNIS;MA 187082 3 MAIN STREET_` . ;99,( OF(REC) 02601 28 BRIARWOOD HOLYOKE, MA,. 207001001 FL'ETCHER ALAN G #D - `DRIVE 01040-1302 - JENNINGS III, HILLCREST REALTY 228 LOWDER : DEDHAM-'MA .C2( '207001003 DAVID L.&.KREBS, ., NOMINEE TRUST STREET 02026 JENNIFER} s GIANNELLI. 2071.63- GIANNEL1 1 CENTERVILLE REALTY 6 ARICIA LANE STONEHAM, MA CM, MICHAEL P,TR 02180: TRUST T CENTERVILLE, 207164 RUFLETH, PETER W 230-PARK AVE C1. 1 MA 02632 { r . This list by itself does NOT constitute a:certified list of abutters and is provided only`as an aid to the determination'of abutters.If'a c certified list of abutters is,n g6ked,contact the Assessing Division to have this list certified The owner and:address data on this list is- from the Town of Barnstable Assessors database as of 8/5/2015 http:%/66.203.95.236/aicims%appgeoapp/AbutterReport.aspx?type=ZBAti 8/5/20'l5 Town of Bemstable.Geographic Information System . August 5,2015 ! 4 r f r / 20141 6 . . / - r ? ?! .fir✓r. �' ri -, s f - Y 187032 #27 ...: a... /,k t Y 207145 87082 ' r ", t: r #229�, 207136 f , ! #214 l r / T ! 1t t -- / F I. f' J t r / t' 'f ff ` ri 187081. r 't :tJ/ r t. f56`�r �-= . 7f0 t : K t z /' :,W0 30D9 i y !:r .' . ��Cy J1r� Jl/r/,�'YYl * /`,�`/ t Y !j .7. Y '/ r r a � -�11 ! 207105 . S d r /! rr r r t. r ! I'll r r - Qj63 r J- . r r r r/ t/ C" 66 C _. , 18708Q002 ;: . .: ! > !rt r R Z :#t6$ r r J tr {!f � ; if t J•. r�.. 187080001 ° > a } ? !S. :;tr' r :•�r,j;>. ,!,-., ir,.•::'; :''/:: - #121 #59 1, y.t r / ,J / ;f, ! ;j%.�'%'' ;�.:;: ... !, v y: p-.. rr:v "'-- .,9. 187 3004}•.. £`'fc:_ - r r n. t1870ri30b3 s, r l%::I '�230: 147. #.d �` C: ;.�... r 1 3. !3 300 •n.' ' : . "1 706 5.1> r G. ,* ter.'•rJ �?>:<':%::�'� t. - ='u: .! is .� i:'t!` of. 187078 r �r r i #0 ! ! t F ✓ I I I...I�I.�.. 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F% }tiiI1 r f *1 J1 r r. 207 001 00 3`. �i t r #516 Yt i f�.i.r.:a.rr / l:r/!.!/ �J Y; Sr.,. 7. f- :.. :r... ,.7; air.{. , i,: r l.. '"i'n. 207004 !:' .r• rtr rA< #4 i, r 72 187076: :'187035 . ,; < 410 f ! v :# fr' rry r r r t ,/ r Yti r' ;G fi20 207003002 f ... .: ... ... .. y t!1! 11 t_,.rj r! -- t .* r tt .. .trr !{ ;4 t T,�i �r. l l r3 VA !!t .187075 5 <: : r 207002 #22 0VA j - l r -:. l 1 f �! Y}s ik - t1•- ! 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It is not adequate for legal - Map:187 Parcel:063005 ZOhing BOard Of Appeals(2 BA) 1 boundary determination or regulatory interpretation, Enlargements beyond a scale,of Selected Fafce �, r=1o0•.rnay not meet established map accuracy standards.The parcel runes on this map Abutter List Type-Parties of interest are those directly opposite subject lot on are only graphic representations of Assessors tax parcels: They are not sh,e property any public or private street or''Way and abutters to abutters. Notification of all Abutters trd P Ak •••. boundaries and do not represent accurate relationships to physical features on the map 'properties within300 feet ring of the subject lot. such as building,locations. Buffer t `'Y . l.Jr. - w -. f LEGAL NOTICE d, `..TQ1lYN OF BARNSTEIBLE -ZONINGBOARD OFAPPEALS .;., ,x } : l NOTICE OF PUBLIC HEARINGS UNDER THE t i g �< a} ZONING ORDINANCLEGAL E ( t r "SEPTEMBER.9 2015�r * TOWN OFIIA.MTABLE To all persons interested m or affected by .1" ZONMBOMOFAPPEALS: '. the actions oftheZmin BoardofAppeals r NGS_UNDER 5 y, rNOTICEOFPUBUCFffMI xyou,are hereby notified:pursuant to Section,, *"4 ' THEMNG ORDINANCE "+ 1S of Chapter 40A of tte General Laws of a ^r_ SEpTD�IBFR9;2015 ` '"i ttie Gommoriwealth of Massachusetts=and' To all,persons interested in or affected by the adlons.of the all amendments thereto;that a pubUc hear +' (',Zoning Boat oi4p'eals you are heretiy riot ed pursuantto vig on the following appeals will tie held on; Section 11:of Chaptef40Aof the General Laws of ihe:Cortr j Wednestlay September 9 2015 at the time t monweal6 of Massachusetts,arid all amendments thereto mdiicated `: �? 3' '� <" h'that a pubiic'tiearing'on the fallowing appeals vnll be held , x' 7¢0 PM Appeal No,2015 _. on Wedriesiiay September 9 2015 at the lime indicated �.., t, f9 Rey`dotds/Gauvteau/Cramer 1 r 7�0 PM,Appeai Nm20"S ReynOlds/GawteaWCTatt!er i- Ellen W Reynolds Andrea W`Gauvreau 'Ellen W.Reynolds,,Andrea W.Gauvreau and Robin W ri ,and RobinM Cramer have applied for` a.Cramer have applied;for variance from the 1 acre mini „ variances from the 1`acre minimum lot area § requirements of§246-14E RD=l District the" 'mum lot area requirements of; 240 14E-RD 1 DtStnct 7 ,the 2 acre minimumlot area requirements of§240-36D2 acre minimum lot area regwrements of ResourceprotecUon,OverlayDistnct(RROD)and 1240 §240 36D f�esource'Protection Overlay i 7DL`otShapeFactorRequireme^tsThe.apphpntsaeek� - District(RRgD)ancf§2407D,I.:otShape`., to construct a singie-famHy dwelling ona lof that is rioncon. oFacror Requirements"'The applicants seek:' forming lot to merger The.property.s located et 149 t,to;construct1a single-family dwelling ori'a„ e` Beech Leaf Island Road Centerville,'MA as shown on.; Iot`that is nonconforming lot due.;fo merger. Assessor s Map.187 as Parce1.063 005 it is located,in the' ,The property;rs located at 149 Beech Leaf„ ,Residence D-1 and,ResourceProtectlon:Overlay Zonrng;g .Island Road ;Centerville MA as,`shown on Z. �` "� e z., x Assessors.Nlap187,asParce1063005'Ikis _ <7.01 PM Appa Na2015 046 Ebetie%LRttefietd located in the Residence D 1 and-Resource ; H.Blair Eberle and Nadine Mary LrtUefield have applied tort Protection Overlay Zoning Districts variances from§24414E Residence D 1(Ra1)Bulk Rego ( 7 DI PM Appeal No 12015-046 2 lations and§240 36D Resource Protection Overlay Distnd. t,} Eberie/Littlefieldr :, ' '(RPOD)The Applicants seek ieiietfrom the min imum,lot.# H,Biarr"'Eberle and Nadine Mary Littlefetd (' area and width requirements of the RD 1 Distnd and the have applieii*for variances from§240 14E; t ;minimum otarearequfrementsofthsRPODforbothews6ng #Resrdence,D 1 (RD 1)Bulk Regulations tots as the lots were once hedm common ownership and and§240 36D Resource Protection Over; x 3 merged for thepurnOsesofzoning TheApp6cantsa seek IayxDistnct(RPOD) TheAppli eek �eiief from tlt a minimum lot area and width relief from the minimum front grid sWe yard setback require �; e s ry r „ t requirements of the RD 1 District and the t.xfr offtRD71DiVWctforthea,x,Mngdweilingat97Piney ,, � a Drive: minimum lot area requirements ofro Point the RPOD PantDnveCentervlroieMAasshorrnoenAssessorslMap228 ': forboth,ez#sbnglots, theiots`we�eonce111 held in,common ownership and merged as Parcels 008 and 009 They are located mthe Residence (or'the purposes of zonmgtThe Applicants ry 6-1 and,Resource Protection Overlay Zoning Distnds s t~ also seek relief from the minimum front and These pytrlic hearings v rill beieid at the,Bamstable Town i Hall,7361 Main Streia w Hyannis;(VIA Hearing Room(ix ated s; D stn�ct for thesetback exisUnu!dwelei nts""a"t 97 P nne on the 2nd Floor Wednesday September8 2015 Plans and f 9,. 09 z � y ` a 1t Wns,- beFr`eewewedattheZonmgBoardofPppeals Po'int Drrve tThe properties are located at PP Y °�97 and 16 Piney Point Drive,,,Centerville t` OfTce GrrnMh Management Departrnent Town OtTces 200 rs r . , ., MA as shown on A ss essor s Map 228 asf ' Main Street Hyanna Iv10.14 ,Y parcels 008.and 009 Thb are'located in Brian Florenoe Charc Y the Residence D 1 antl Resource Protection ZoningBoardofApspealsr 3O enayZornngDistricts 1xrsx t The Bartrstable Patriot P. €j r 1 g +These public hearing`s will beheld at the ; August2landAugust28 �20IS ra �Ba�^stable"Tovm Hall+367 Main Street t MyahnW MA Hearing Roomlocated ort the°g 2rid Floor Wednesday 5eptember9'2015 { IPtans and appiicatioris.may.be reviewed at' 4 'theZonirig'Boardof;Appeals,OffcerGrowth f Management Department V'fown Offices I ':200tMain S;rest•Hyannis MA`a�''y� xr;�,.I.Bridn Florence Chair. ' *° a ; lZoning Board of ApPeats } The Barnstable Patriotx August 21-end August 28,2015 � a a ). Neil Forster ATTORNEY AT LAW 147 Beech Leaf Island Road • Centerville, MA 02632 (508) 775-0434 •inforster@comcast.net Sep tember 7,2015 Ms. Elizabeth Jenkins,Principal Planner ' The Town of Barnstable Building Division 200 Main Street, HYANNIS,MA 02601 In Re: Zoning Board of Appeals September 9,2015 7:00 PM Appeal No. 214-045 Reynolds/Gavreau/Cramer. Dear Ms. Jenkins: Attached please find a summary of the grounds for my objection to the issuance of a variance or variances for Lot 7. Note that I am a direct abutter to the subject parcel, and therefore I have standing to object. A few case law citations are included in the notes. I would like to have this letter and the attached notes made a part of the hearing- earin record b reference at the meeting, which I will attend and at which I would like to s eak. I also y have copies presented to the ZBA prior to the hearing. p wish.to Thank you for your anticipated cooperation. Yours truly, J.Neil Forster,Attorney at Law • Cc: J. Mark Haney, Esq. Brian Florence, Chair of the Zoning Board of Appeals Zoning Board'members Tom Perry,Building Commissioner In Re: Zoning Board of Appeals September 9,2015 7:00 PM Appeal No. 214-045 Reynolds/Gavreau/Cramer Legal Basis for denying the issuance of requested variances for 149 Beech Leaf Island Road,Centerville, otherwise known as Lot 7,shown on Assessor's Map 187 as Parcel 063- 005 Chapter 40A, Section 10 requires that the grant of a variance be made only where the zoning board of appeals(ZBA)finds the following three"required findings"have been reached in the affirmative: 1)Applicant is subject to circumstances relating to the soil conditions, shape or topography of such land or structures,but not affecting generally-the zoning district in which it is located; 2)Because of these circumstances, a literal enforcement of the provisions of these bylaws would involve substantial hardship, financial or otherwise,to the petitioner or appellant; and 3)Desirable 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 bylaws, but not otherwise. Note that all three requirements must be satisfied, and"a failure to establish any one of them is fatal." Gruiragossian v. Board oLAppeals of Watertown, 21 Mass. App. Ct. 111, 115 (1986). See also Wolfson v. Sun Oil Company, 357 Mass. 87(1970), in which the court states: "Each requirement of the statute must be satisfied before a variance may be granted...The ZBA must reach affirmative conclusions for all three findings. To repeat, a finding that two of the three requirements have been met is not sufficient for the grant of a variance. In addition to requiring that all three findings be made in the affirmative,the courts have reminded ZBA's that their conclusions must be in the form of statements— analyses—that support the findings set forth in the variance decision. Simply copying the statutory findings language is insufficient." For the following stated reasons,without limitation, I submit that the applicant has failed to meet any of the three requirements for the grant of a variance. Failure to Meet First Requirement-Soil Conditions,Shape or Topography: The applicant's alleged hardship is solely due to the failure to construct a house on the locus before statutory protections against zoning changes ran out,a"hardship"that has been specifically rejected by the Massachusetts Supreme Judicial Court in the Tsa onis case (see discussion below). Soil conditions and topography are similar to the abutting lots. The fact that the locus has a special shape because of the cul-de-sac cannot support the granting of a variance from area and frontage requirements. Massachusetts' courts have held that in order to meet the standard for a variance,the hardship"...must relate to the premises for which the variance was sought".Hurley v. Kolligian, 333 Mass. 170, 173 (1955).,In addition,the"hardship"must be linked to,or be caused by,the land's unique or problematic soil conditions, shape or topography. In Tsagronis v. Board of Appeals of Wareham the Supreme Judicial Court put it well: "Unless circumstances relating to the soil conditions of the land,the shape of the land,or topography of z r the land cause the hardship,no variance may be granted lawfully." Tsagronis v. Board of Appeals of Wareham, 415 Mass. 329, 19 331 (1993). In Tsa onis,the SJC also noted: "The judge relied on the `unique shape' of the'lot as subdivided. This consideration standing alone is, of course,irrelevant. The fact that the locus has a special shape because of the cul-de-sac cannot support the granting of a variance from area and frontage requirements. The hardship here has nothing to do with the shape of the land...The. hardship is solely due to the failure of the owner of the locus to construct a house on the undersized locus before statutory protections against the zoning change ran out. That kind of hardship does not justify the granting of a variance."Id. at 331-332. - In a footnote,the Tsagronis court added this important point: "If the shape of any nonconforming lot would warrant a variance from area and frontage requirements,the door would be wide open for the construction of a house on each such lot in the Commonwealth."Id. at 332, n. 5. Because of this required linkage between soils, shape or topography and the hardship caused therefrom, Massachusetts' courts have routinely rejected personal hardships as meeting the test Failure to Meet Second Requirement - a literal enforcement of the provisions of these bylaws would involve substantial hardship,financial or otherwise, to the petitioner: The applicant's hardship is not the result of special circumstances regarding the shape, soil or topography of the land Rather,the applicant's hardship is solely due to the failure to construct a house on the undersized locus before statutory protections against the zoning change ran out. The Supreme Judicial Court has held that kind of hardship does not justify the granting of a variance. Tsagronis v. Board oLAppeals of Wareham, 415 Mass. 329, 19 331 (1993). Failure to Meet Third Requirement - that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of these bylaws,but not otherwise: The subject parcel is located within the Resource Protection Overlay District,for which a two- acre minimum lot size was imposed in October 2000. The purposes of the two acre lot size in the Resource Protection Overlay District are largely environmental in nature and thus an half acre lot would substantially derogate from the purpose(s)of that requirement. However,the purposes of the Resource Protection Overlay District also specifically include reduction of residential development of the District to avoid shortfalls in public services such as roads, public wastewater treatment facilities,public water supply development, and schools and recreational facilities. Town of Barnstable District Regulations, §240-36(d). Granting the applicant's requested relief to residentially develop an undersized lot in the Resource Protection Overlay District would certainly derogate substantially from that stated intent and purpose. Respe tfu ly miffed; J.Neil Forster, Attorney at Law BBO'# 175160 J . Neil Forster ATTORNEY AT LAW 147 Beech Leaf Island Road • Centerville, MA 02632 (508) 775-0434 •inforster@comcast.net January 24, 2015 Mr. Tom Perry,Building Commissioner The Town of Barnstable Building Division 200 Main Street, HYANNIS, MA 02601 In Re: 149 Beech Leaf Island Rd. Centerville Otherwise known as Lot 7; Parcel No. 187063005 Dear Mr. Perry: Enclosed please find a two page Report dated January 23, 2015 by Attorney and Land Court Examiner J. Mark Haney. This Report examines zoning and issues of non- compliance regarding the above referenced lot. This finds the subject lot to be non- buildable for reasons cited in the Report. Please inform me if a building permit has been issued for this lot; if not kindly inform me when a permit is being issued. I intend to appeal. I will forward a copy of Attorney Haney's supporting abstract to you when I have had the opportunity to make copies,this should be on, or before,the 30th.. Yours Truly Z41L C)..+ J.Neil Forster,Attorney at Law u� Cc: J. Mark Haney, Esq. 21 Route 6A Unit 21 Sandwich, MA 02563 Sent: Certified Mail Return Receipt.Requested k Haney J. Mar Ha y Attorney at Law Land Court Examiner 21 Route 6A Unit 1 Tel. 508-888-0801 Sandwich, MA 02563 Fax. 508-888-0801 j m.hesq"iDeomcast.net Attorney J. Neil Forster January 23, 2015 As you requested, I have reviewed the zoning and issues of non-compliance regarding Lot 7 on. Land Court Plan No. 41630-A located on Beech Leaf Island Road in Barnstable and report as follows: Zoning: The subdivision containing Lot 7 was created between March 23, 1984 and October 10, 1984. This is based on the subdivision date by the surveyor and the Land Court approval date each as noted on the plan. (Sheetl). I note that the Assessor's map I.D. for Lot 7 is 187/063%005. Lot 7 contains 28,491 square feet of land or .65 acres. Lot 7 is located in Zoning District RD-1., The current lot area required in district RD-1 is 43,560 square feet or one acre. From information provided to me by you, the zoning change to one acre occurred in 1984 and may have been ratified/affirmed by Town Council in 1990. Lot 7 would have retained protection from zoning changes until 1990 (6 year exemption). Chain of Title for Lot 7: Certificate of Title 126706 Brian T. Dacey, Trustee of Thornberry Lane Nominee Trust. May 19, 1992. (Sheet 2). Deed from Brian T. Dacey, Trustee to David P. Woods, August 20, 1992. (Sheet 3) Certificate of Title sheet 3A. Land Court Order Doc. 630508 ordering new Certificate of Title issue in Marjorie L. Woods. . December 14, 1994..(Sheet 4) Certificate of Title No. 630508 in Marjorie L. Woods, December 20, 1994. (Sheet 5). Certificate of Title No. 647963 in Ellen W. Reynolds, Andrea W. Gauvreau and Robin W. Cramer, '/z interest and Marjorie L. Woods, '/z interest, September 18, 1995. (Sheet 6). Document No. 139822 conveying the ''/z interest of Marjorie L. Woods to Ellen W. Reynolds, Andrea W. Gauvcreau and Robin W. Cramer on February 15, 1996. (Sheet 7). Chain of Title to abutting lands of Lot 7: Lot 6 on Land Court Plan 41630: No common ownership. Lot 8 on Land Court Plan 41630:No common ownership. y � Lands on southerly boundary of Lot 7 identified in town GIS as 186082 #0: Deed in book 1679, page 5 dated June 30, 1972 from Ethel E. Danforth to David F. Woods and Marjorie L. Woods. I note the first bound in this deed is on land"now or formerly of Sumner Crosby et al, 231 feet". Note also the southerly boundary of Lot 7 shown as "David P. Woods et al" and is also 231 feet. (Sheet 8). Deed from Marjorie L. Woods for same premises to SPRE Cape Realty Trust in book 28070, page 6 dated March 18, 2014. (Sheet 9) Deed on sheet 10 for Beech Leaf Island Road parcel prior to registration from Melvina Crosby Herberger to Silvia& Silvia Associates in book 3481, page 212 for identification purposes. Note on page 2 of said deed the boundary"on the South by land now or formerly of David P. and Marjorie L. Woods 231 feet, more or less". This is the exact measurement shown as the southerly lot line of Lot 7. Note also the last title reference in this deed to Barnstable Probate for Sumner Crosby. He is listed as the Northerly abutter in deeds sheet 8 and sheet 9 with the same measurement. Conclusion: I find that from August 20, 1992 until February 15, 1996 the land shown as Lot 7 and the land abutting Lot 7 identified as GIS 186082 #0 were in the common ownership of David F. Woods and/or Marjorie L. Woods. Yo s e truly, J. ark Haney r— Map Page 1 of 2 r. K Perry,Tom From: Weil,Ruth Sent: Wednesday,February 04,2015 10:13 AM To: Perry,Tom Cc: Houghton,David;Houghton,David;McLaughlin,Charles Subject:Lot#7 Parcel Viewer Abutters Town of Barnstable Geographic Information System New Search I Home Help 01313 Map Size n In151 _ Map:Location:Owner:187 520 SOUTH MAIN STREET GAVRIS, El - !�S' '-7PG MATTHEW TR Parcel:033 Full Property Info :187092 20198. --187063008 N 104 N 155 1214 N Ise" Location Information 6 207103 _207105 1a708366e a244 - - -0224' - Map& 187033 . a;!53 Parcel \!ate Location�. � � 520 SOUTH MAIN STREET 1870003003 tar 70630D4 _ Acreage 0.83 acres IIN 143-. N 147 187063805 - N 149 - 207184,. '. Current Owner 187DO3002 ` iN 230 N 135 Mailing GAVRIS,MATTHEW TR 207061001 051e Address SPRE CAPE REALTY TRUST 10 EDMUNDS ROAD WELLESLEY,MA 02481 207001003;: 207006 0 N518 9448 167D33 Appraised Value(FY 2015) 0620 267003002 Extra $14,200 CNN- ;207004 Features 207002 a472, Out $900 187034 N514 . 0 6 Buildings 2 mD1D62 Land $280,400 4512 '.207063001 Buildings $141,700 4488 Total $437,200 18 7043 Appraised a 630 J '=186649 -206061° ® 208063 186092 g542 ariO4�206002 N489 ASSe55ed Value(FY 2015) ND s'we Extra $14,200 0 20TFeet ® 20600 Features 188048- 2a 52It 206087: 0 407, Out $900 N556 rN19\ Buildings Land $280,400 Buildings $141,700 Set Scale 1"_ Total $437,200 207 1 [Aerial Photos V] Assessed MAP DISCLAIMER Construction Detail Style Conventional Model Residential Grade Average Stories 1 1/2 Stories Exterior Wood Shingle Wall Roof Gable/Hip Structure - Roof Cover Asph/F Gls/Cmp _ Interior Wall Drywall Interior Hardwood Floor Heat Fuel Oil Heat Type Hot Water AC Type None, Number of 3Bedrooms Bedrooms Number of 3 Full+1H Bathrooms - Total Rooms 9 Rooms Living Area 2079 Replacement$188,960 Cost Year Built 1875 Depreciation 25 - - Building Sketches d I -2/4/2015 Map Page 2 of 2 `x &-I ( '"€ T^ MAP DISCLAIMER This map is for planning purposes only.It is not adequate for legal boundary determination or regulatory interpretation. This map does not represent an on-the- ground survey. Enlargements beyond a scale of JSCD=JoOSCTM may not meet established map accuracy standards. Parcel lines on this map are only graphic representations of Assessors€—s tax parcels.They are not true property boundaries and do not represent accurate relationships to physical objects on the map such as building locations. Copyright 2005-2010 Town of Barnstable,MA All rights reserved.Send questions or comments to GIS BarnstableMA v1.2.5494[Production] Zoom Out In 2/4/2015 a Z� Qj �e 6yy) P I eel r Neil Forster ATTORNEY AT LAW 147 Beech Leaf Island Road• Centerville, MA 02632 (508) 775-0434 •jnforster@comcast.net,. January 24, 2015 Mr. Tom Perry,Building Commissioner The Town of Barnstable Building Division 200 Main Street, HYANNIS, MA 02601 In Re: 149 Beech Leaf Island Rd. Centerville Otherwise known as Lot 7; Parcel No. 187063005 p�Dear Mr. Perry: Enclosed please find a two page Report dated January 23, 2015 by Attorney and Land �1 Court Examiner J. Mark Haney. This Report examines zoning and issues of non- compliance regarding the above referenced lot. This finds the subject lot to be non- buildable for reasons cited in the Report. Please inform me if a building permit has been issued for this lot; if not kindly inform me when a permit is being issued. I intend to appeal. I will forward a copy of Attorney Haney's supporting abstract to you when I have had the opportunity to make copies,this should be on,or before,the 30th.. Yours Truly sr� CIO J.Neil Forster,Attorney at Law , Cc: J. Mark Haney, Esq. 21 Route 6A Unit 21 Sandwich, MA 02563 Sent: Certified Mail Return Receipt Requested r ; J. Mark Haney Attorney at Law Land Court Examiner 21 Route 6A Unit 1 Tel. 508-888-0801 Sandwich, MA 02563 Fax. 508-888-0801 im.hesq@comcast.net Attorney J. Neil Forster January 23, 2015 As you requested, I have reviewed the zoning and issues of non-compliance regarding Lot 7 on Land Court Plan No. 41630-A located on Beech Leaf Island Road in Barnstable and report as follows: Zoning: The subdivision containing Lot 7 was created between March 23, 1984 and October 10, 1984. This is based on the subdivision date by the surveyor and the Land Court approval date each as noted on the plan. (Sheetl). I note that the Assessor's map I.D. for Lot 7 is 187/063/005. Lot 7 contains 28,491 square feet of land or .65 acres. Lot 7 is located in Zoning District RD-1. The current lot area required in district RD-1 is 43,560 square feet or one acre. From information provided to me by you, the zoning change to one acre occurred in 1984 and may have been ratified/affirmed by Town Council in 1990. Lot 7 would have retained protection from zoning changes until 1990 (6 year exemption). Chain of Title for Lot 7: Certificate of Title 126706 Brian T. Dacey, Trustee of Thornberry Lane Nominee Trust. May 19, 1992. (Sheet 2). Deed from Brian T. Dacey, Trustee to David P. Woods, August 20, 1992. (Sheet 3) Certificate of Title sheet 3A. Land Court Order Doc. 630508 ordering new Certificate of Title issue in Marjorie L. Woods. December 14, 1994. (Sheet 4) Certificate of Title No. 630508 in Marjorie L. Woods, December 20, 1994. (Sheet 5). Certificate of Title No. 647963 in Ellen W. Reynolds, Andrea W. Gauvreau and Robin W. Cramer, 1/2 interest and Marjorie L. Woods, 1/2 interest, September 18, 1995. (Sheet 6). Document No. 139822 conveying the 1/2 interest of Marjorie L. Woods to Ellen W. Reynolds, Andrea W. Gauvcreau and Robin W. Cramer on February 15, 1996. (Sheet 7). Chain of Title to abutting lands of Lc97 � ` Lot 6 on Land Court Plan 41630: No common owner`Aripw Lot 8 on Land Court Plan 41630: No common ownership. 01 f Lands on southerly boundary of Lot 7 identified in town GIS as 186082 #0: Deed in book 1679, page 5 dated June 30, 1972 from Ethel E. Danforth to David F. Woods and Marjorie L. Woods. I note the first bound in this deed is on land "now or formerly of Sumner Crosby et al, 231 feet". Note also the southerly boundary of Lot 7 shown as "David P. Woods et al" and is also 231 feet. (Sheet 8).. Deed from Marjorie L. Woods for same premises to SPRE Cape Realty Trust in book 28070, page 6 dated March 18, 2014. (Sheet 9) Deed on sheet 10 for Beech Leaf Island Road parcel prior to registration from Melvina Crosby Herberger to Silvia& Silvia Associates in book 3481, page 212 for identification purposes. Note on page 2 of said deed the boundary"on the South by land now or formerly of David P. and Marjorie L. Woods 231 feet, more or less". This is the exact measurement shown as the southerly lot line of Lot 7. Note also the last title reference in this deed to Barnstable Probate for Sumner Crosby. He is listed as the Northerly abutter in deeds sheet 8 and sheet 9 with the same measurement. Conclusion: I find that from August 20, 1992 until February 15, 1996 the land shown as Lot 7 and the land abutting Lot 7 identified as GIS 186082 #0 were in the common ownership of David F. Woods and/or Marjorie L. Woods. Yo s e truly, J. ark Haney :r t PLAN OF LAND IN BAFt BLE ® . Baxter & Nye Inc. , Surveyors Z March 23, 1984 D Dc� m� F� Sga°j bf°kcn �, coo s � 4 Get G. G��h�5G'o/"jy ��p0 �s 85 cs tp A [ �- 00 (�i b y \} Vic' 3p p �I ( kQ6 war o bG�.gg1 Jr Bl,,, -00 1 ``A���Qa� ��� Sx`�F•Ly �li�.`•� cy ��id Q�Z r -q' e\,y6 G• g2 ��ysF 'ao � o� 'Ice5 8 P 6t k3� /� �;Za•Op � �� r�pC.�j ;y 41 Cie' �� \6 �� 1, �,.`1$. -41 q. 9�3 A Q � G• � �.3�'�� 3 ti� pry �' 41 2 06'0 t?p �y J. roe W ti `\ a ti o\ �yv may- W" Q3( fJ h 2"F aV C.B. Locus compr/ses Lots I,thtu /O Incl. Copy of part of plan —filed in— LAND REGISTRATION OFFICE OCT. /O, /984 Scale of this plan!OO feet to an inch HCJ Abutters, are not adjudicated. Louis A.Moore,Engineer forCourf,.i,` Boots 1038 Page 106 Doc. Nos. 554,003 554,004 554,005 j Ctf. No. .126706 TRANSFER CERTIFICATE OF TITLE From Transfer Certificate No. 123790 Originally Registered July 2, 1991, LeJtnll gKo lf2J Original 126641 May 21, 1992, Original 126643 May 21, 1992, in Registration Book 101.4 Page 70 for, the Registry District of Barnstable County. 1038 41 i 1038 43 THIS IS TO CERTIFY that Brian T. Dacey, Trustee of Thornberry Lane Nominee Trust, under a Declaration of Trust, dated May 26, 1992 being Document No. 554,006, with a mailing address of P. 0. Box 95, Centerville, Barnstable County, Massachusetts 02632, is the owner(s) in fee simple of that land situated in Barnstable j in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows; LOT 20 iPLAN 41594-A (Sheet 4) LOTS 4 AND 7 K AN 41630-A I Said land is subject to protective covenants, restrictions, rights and reservations made by Silvia & Silvia: Associates, Incorporated, dated August 20, 1982 duly recorded in Book 3546, Page 133. i Said land is subject to the terms set forth in the Order of Condi•- tiona issued by Town of Barnstable Conservation Commission, dated August 16, 1982 duly recorded in Book 3.558, Page 332, as affected by a Certificate of Compliance, dated May 27, /1983 duly recorded in Book 3761, Page 315 and Document Nos. 44•9;95G•/vX .35 q�* Said land is subject to reservations set forth in a deed given by Silvia & Silvia Associates, Incorporated to Floyd J. Silvia et al, Trustees, dated June 8, 1984 duly recorded�in Book 4141, Page 67. i Said land is subject to utility easements set forth in a grant made by Silvia & Silvia Associates, Incorporated to Commonwealth Electric Company and New England Telephone & Telegraph Company, dated October 4, 1984 duly recorded in Book 4276, Page 031. i So mucks of Lot 20 as is included 'within the area marked "Ease- meut", approximately shown on said plan is subject to the right as appurtenant to Lots 21 and 22, to use the same in common. with the owners from time to time of said. Lot 20 for purposes of a common driveway, and there is appurtenant to said Lot 20 i the right to use said area marked "Easement" for such purposes in common with all those lawfully entitled thereto. Lots 4 and 7 are subject to the terms set forth in an Order of i Conditions issued by the Barnstable Conservation Commission, dated February 19, 1987 duly recorded in Book 6104, Page 75, as affected by a Certificate .of Compliance, dated November 25, 1987 duly recorded in Book 6104, Page 79. Lot 7 is subject to the terms set forth in an Order of Conditions issued by the Barnstable Conservation Commission, dated'November 5, 1986 duly record- ed in Book 5518, Page 175, as amended by an instrument dated April 17, 1990 duly recorded in Book 7162, Page 213, and as affected by two Extension Permits, one dated May 81 1990 duly recorded in Book 7162, Page 217, and one dated June 11, 1990 duly recorded in Book 7200, Page 254. rha� Zq � i9qz z I QUITCLAIM DEED i i Brian T. Dacey, Trustee of THORNBERRY LANE NOMINEE TRUST u jd jt dated May 26, 1992 and registered as Document 1554,006 with Certificate of Titles No. 126706 of Centerville, Masaachusetts for consideration paid of Eighty-.Five Thousand and 001100 ($85,000.00) Dollars grants to DAVID F. WOODS, Individually of P.O. Box 355, Centerville, MA 02632 with QUITCLAIM COVENANTS the land situated in Barnstable (Centerville) , Barnstable County, Massachusetts, described as follows: j _7 as shown on Land Court Subdivision Plan 41630-A. " j Subject to and with the benefit of the matters set forth in the Decree Certificate entered in Land Court Case No. 41630. j Said =2 7 is conveyed together with the appurtenant rights set forth in the Easement dated August 20, 1992 registered as Document w No. :Mgf4 V 1 i For title, see Certificate of Title No. 126706. WITNESS my hand and seal this day of August, 1992, THORNSERRY LANE NOMINEE TRUST BY• + rian T. Dacey Trustee COMMONWEALTH Of MASSACHUSETTS BARNSTABLE, ss. t4 �rr...._xu_._ 1992 Then personally appeared the above-named Brian T. Dacey, Trustee and acknowledged the foregoing instrument to be his free act and deed, before me. Notary Pub c �• 7.., i Y My Commission Expires: 5j11119,9 f o :L � _ .. ..rrr.rr�rw.r.��.e.e,.......�..w....*.xee:..rras:--..e.:.••. : i �� "�}"MG—..,�w ' CC P Al L i I i i Book 1046 Page 4. Doc. No. 560,666 ' Ctf. No. 127564 I TRANSFER CERTIFICATE OF TITLE From Transfer Certificate No. 126706 Originally Registered May 29, 1992, in Registration Book 1038 Page 106 for the Registry District of Barnstable County. THIS IS TO CERTIFY that David P. Woods, with a mailing address of P. 0. Box 355, Centerville, Massachusetts 02632, is the owners) in fee simple WHOM of that land situated in Barnstable In the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows. LOT 7 i PLAN 41630 A i Said land is subject to protective covenants, restrictions, rights and reservations made by Silvia & Silvia Associates, Incorporated, dated August 20, 1982 duly recorded in Book 3546 Page 133. Said land is subject to the terms set forth in the Order of Condi- tions issued by the Town of Barnstable Conservation Commission, dated August 16, 1982 duly recorded in Book 3558, Page 332, as affected by a Certificate of compli- ance, dated May 27, 1983 duly recorded in Book 3761 Page 315, Said band is subject to reservations set forth in a deed given by Silvia & Silvia Associates, Incorporated to Floyd J. Silvia at al, Trustees, dated June 8, 1984 duly recorded in Book 4141 Page 67. Said land is subject to utility easements set forth in a grant j made by Silvia 6 Silvia Associates, Incorporated to Commonwealth Electric Company and New England Telephone & Telegraph Company, dated October 4, 1984 duly recorded in Book 4276 Page 031. Said land is subject to the terms set forth in an Order of Condi- tions issued by the Barnstable Conservation Commission, dated February 19, 1987 duly recorded in Book 6104 Page 75, as affected by a Certificate of Compliance, dated i November 25, 1987 duly recorded in Book 6104 Page 79. Said land is subject to the terms set forth in an Order of Condi- tions issued by the Barnstable Conservation Commission, dated November 5, 1986 duly recorded in Book 5518 Page 175, as amended by an instrument dated April 17, 1990 duly recorded in Book 7162 Page 213, and as affected by two Extension Permits, one dated May 8, 1990 duly recorded in Book 7162 Page 217, and one dated June 11, 1990 duly recorded in Book 7200 Page 254. Said land Is subject to the terms set forth in an Order of Condi- tions issued by the Commonwealth of Massachusetts, Department of Environmental Quali- ty Engineering duly recorded on October 6, 1987 in Book 5963 Page 89, as affected by three Instruments: one an Extension Permit duly recorded on October 13, 1987 in Book •, 5971 Page 201; one a Partial Certificate of Compliance, dated May 24, 1988 duly recorded in Book 6.338 Page, 110; and one a Certificate of Compliance, dated December 6, 1988 duly recorded in Book 6563 Page 272. So much of said land as is included within the limits of the Way, approximately shown on said plan, is subject to the rights of all persons lawfully entitled thereto in and over the same, as affected by a release deed given by Silvia & Silvia Associates, Incorporated to David P. Woods at ux, dated June 10, 1986 duly recorded in Book 5867 Page 259. Said hand is subject to protective covenants as set forth in an instrument dated October 29, 1984 duly recorded In Book 4299 Page 311. i i i i 50 i' Said Land. is subject to a covenant and agreement between Silvia & Silvia Associates, Incorporated and the Barnstable Planning Board, dated September 17, 1985 duly recorded in Book 5536 Page 18, as affected by a certificate of perfor- mance dated October 5, 1987 duly recorded in Book 5971 Page 200. So much of said land as is included within the limits of Beech Leaf Island Road is subject to the rights of all persons lawfully entitled thereto in and over the same, and there is appurtenant to said land the right to use Beech Leaf Island Road as shown, on. said plan and also as shown on Land Court Plan No. 41594-A to and from said land and Bay Lane in common with all other persons lawfully entitled thereto for all purposes for which streets or ways are commonly used in said 8arnatable. Said land is subject to grants and reservations set forth in two deeds given by Silvia & Silvia Associates, Incorporated, one to Thornberry, Inc., dated October 29, 1984 duly recorded in Book 4305 Page 273, and one to Beech Leaf Island, Inc., dated October 29, 1984 duly recorded in Book 4305 Page 276, i i i i i i And it is further certified that said land is under the operation and provi- sions of Chapter 185 of the General Lava, and that the: title of said David P. Woods to said land is registered under said Chapter, subject, however, to any of the encum- brances mentioned in Section forty-six of said Chapter, which may be subsisting. WITNESS, JOn E. FENTON, JR., Chief Justice of the Land Court, at Barnstable, in said County of Barnstable, the twentieth day of August in the year nineteen hundred and ninety-two, at 12 o'clock and 22 minutes. Attest, with the. Seal of said Court, JOAN F. MEADE, Assistant Recorder. Land Court Case No, 41630 i i MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE 127564 DATE OR INSTRUMENT KuSKONATURE Or "B R MwD RUNNING IN FAVDR OF TERMS DATE AND TIME ASSISTANT RECORDER DISCHARGE OF RVOISTRATTON 553,416 Notice See Decree. 5120/92 5/21/92 1:12p.m. 554,011 Mtge. Cape Cod Rank & Trust Co. Lot 7 & other Reg. Td., 5/28192 .< $475,000. 5129/92 10:01.a.m. 554,017 Extension Barnstable Conservation Re: O/Cond. Book 5518 6/11/90 Permit Commission Page 175. 5/29/92 10:01a.m. 560,66.3 Ease. Rights over Lots 8 & 9, Pl. 8/18/92 - 41630-A appt. to Lot 7, said 8/20/92 12:22p.m. �N plan, for common driveway & \',: . '. utilities easement. 560,664 Ease. Rights over Lots 8 6 9, Pl. 8/20192 41630-A appt. to Lot 7 on 8/20/92 12:22p.m. plan, 561,1.42 Par. Rel. Brian T. Dacey Rel. Lot 7, P1. 41630-A & 8/24/92 Ease. Doc. 560,663 from Mtge. 8126192 10:04a,m. Doc. 554,011. 30� (J Yet CYO+- � d� F2- 2D-�'� I :� y --------------- ------ 135872 COMMONWEALTH OF MASSACHUSETTS OPI C LAND COURT DEPARTMENT OF THE TRIAL COURT CASE No. 41630-S-1994-12 kol-) Upon the petition of Marjorie L. Woods representing that David P. Woods was the registered owner in Certificate of Title No. 127564 issued from the Registry District of Barnstable County; and representing that the death of said David P. Woods, testate, on January 26, 1994 and the allowance of his will by for the County of Barnstable in said the Probate Court Commonwealth; and praying for a new Certificate of Title, after due proceedings, it is ORDERED: that said Certificate of Title No. 127564 be cancelled and a new certificate for the land described therein be issued to Marjorie L. Woods of Centerville, in the County of Barnstable, and said Commonwealth of Massachusetts. By the Court. Attest: Charles W. Trombly, Jr. Recorder Dated: December 14, 1994 A'TRU-E COVY C; J MLW: 512A South Main Street, P.O. Box 355, Centerville, MA 02632 :C MDC/aS 6ve .1 �al p43#-A a f Doc. No. 630,508 Ctf. No. 135872 TRANSFER CERTIFICATE OF TITLE From Certificate No. 127564, Originally Registered August 20,1992 in the Registry District of Barnstable County. THIS IS TO CERTIFY that MARJORIE L WOODS, of 512A South Main Street, P.O. Box 355, Centerville, Massachusetts 02632, the owner(s) in fee simple, of that land situated in BARNSTABLE in the county of Barnstable and the Commonwealth of Massachusetts, described as follows: LOT 7 PLAN 41630-A Said land is subject to protective covenants, restrictions, rights and reservations made by Silvia & Silvia Associates, Incorporated, dated August 20, 1982 duly recorded in Book 3546 Page 133. Said land is subject to the terms set forth in the Order of Conditions issued by the Town of Barnstable Conservation Commission, dated August 16, 1982 duly recorded in Book 3558, Page 332, as affected by a Certificate of Compliance, dated May 27, 1983 duly recorded in Book 3761 Page 315. Said land is subject to reservations set forth in a deed given by Silvia & Silvia Associates, Incorporated to Floyd J. Silvia et al, Trustees, dated June 8, 1984 duly recorded in Book 4141 Page 67. Said land is subject to utility easements set forth in a grant made by Silvia & Silvia Associates, Incorporated to Commonwealth Electric Company and New England Telephone & Telegraph Company, dated October 4, 1984 duly recorded in Book 4276 Page 031. Said land is subject to the terms set forth in an Order of Conditions issued by the Barnstable Conservation Commission, dated February 19, 1987 duly recorded in Book 6104 Page 75, as affected by a Certificate of Compliance, dated November 25, 1987 duly recorded in Book 6104 Page 79. Said land is subject to the terms set forth in an Order of Conditions issued by the Barnstable Conservation Commission, dated November 5, 1986 duly recorded in Book 5518 Page 175, as amended by an instrument dated April 17, 1990 duly recorded in Book 7162 Page 213, and as affected by two Extension Permits, one dated May 8, 1990 duly recorded in Book 7162 Page 217, and one dated June 11, 1990 duly recorded in Book 7200 Page 254. Said land is subject to the terms set forth in an Order of Conditions issued by the Commonwealth of Massachusetts, Department of Environmental Quality Engineering duly recorded on October 6, 1987 in Book 5963 Page 89, as affected by three instruments: one an Extension Permit duly recorded on October 13, 1987 in Book 5971 Page 201; one a Partial Certificate of Compliance, dated May 24, 1988 duly recorded in Book 6338 Page 130; and one a Certificate of Compliance, dated December 6, 1988 duly recorded in Book 6563 Page 272. So much of said land as is included within the limits of the Way, approximately shown on said plan, is subject to the rights of all persons lawfully entitled thereto in and over the same, as affected by a release deed given by Silvia & Silvia Associates, Incorporated to David P. Woods et ux, dated June 10, 1986 duly recorded in Book 5867 Page 259. Said land is subject to protective covenants as set forth in an instrument dated October 29, 1984 duly recorded in Book 4299 Page 311. Said land is subject to a covenant and agreement between Silvia & Silvia Associates, Incorporated and the Barnstable Planning Board, dated September 17, 1985 duly recorded in Book 5536 Page 18, as affected by a certificate of performance dated October 5, 1987 duly recorded in Book 5971 Page 200. So much of said land as is included within the limits of Beech Leaf Island Road is subject to the rights of all persons lawfully entitled thereto in and over the same, and there is appurtenant to said land the right to use Beech Leaf Island Road as shown on said plan and also as shown on Land Court Plan No. 41594-A to and from said land and Bay Lane in common with all other persons lawfully entitled thereto for all purposes for which streets or ways are commonly used in said Barnstable. Said land is subject to grants and reservations set forth in two deeds given by Silvia & Silvia Associates, Incorporated, one to Thornberry, Inc. , dated October 29, 1984 duly recorded in Book 4305 Page 273, and one to Beech Leaf Island, Inc. , dated October 29, 1984 duly recorded in Book 4305 Page 276. And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said owner(s) to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting WITNESS ROBERT V. CAUCHON, Chief Justice of the Land Court at Barnstable, in said County of Barnstable, the twentieth. day of December in the year nineteen hundred and ninety-four at 1 o'clock and 27 minutes Attest, with the Seal of said Court, JOHN F. MEADE, Assistant Recorder. Land Court Case No. 41630 MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE Ctf: 135872 630 .508 DATE OF INSTRUMENT DOCUMENT DATE AND TIME NUMBER KIND RUNNING IN FAVOR OF TERMS OF REGISTRATION DISCHARGE SIGNATURE 553,418 N SEE DECREE (5 7 & 9 41630-A) 05-20-1992 2 0 5-21-199 2 1 : 12 554, 017 0 BARNSTABLE CONSERVATION EXTENSION BK 5518 PG 175 06-11-1990 1 COMMISSION 05-29-1992 10 :01 '` 560,663 ES 8 & 9 41630-A (DRIVEWAY) 08-18-1992 1 08-20-1992 12:22 �-. 560,664 ES 8 & 9 41630-A 08-20-1992 1 08-20-1992 12:22 '` 647,963 DO ELLEN E REYNOLDS (&0) 135872 7 41630-A 09-18-1995 1 CTF 138315 09-18-1995 3:39 $1 .0 0 '^ '" Barnstable County Registry f Deeds A True Copy, Attest John F. Meade, Register This Certificate is attested a date of registration prior to � � Encumbrances listed on this certifi a e a er that date have not been fully verified and are not cc vered under Pr®vlglon@ of mG. L Ch. 185 Sec 4 I Doc. No. 647,963 Ctf. No. 138315 TRANSFER CERTIFICATE OF TITLE From Certificate No. 135872, Originally Registered December 20,1994 in the Registry District of Barnstable County. THIS IS TO CERTIFY that ELLEN W REYNOLDS, ANDREA W GAUVREAU, ROBIN W CRAMER, of P.O. Box 355, Centerville, Massachusetts 02632, for an undivided one-half (1/2) interest, as tenants in common, MARJORIE L WOODS, , for an undivided one-half (1/2) interest, the owner(s) in fee simple, of that land situated in BARNSTABLE in the county of Barnstable and the Commonwealth of Massachusetts, described as follows: LOT 7 PLAN 41630-A Said land is subject to pro fictive covenants, restrictions, rights and reservations made by Silvia & Silvia A�sciates, Incorporated, dated August 20, 1982 duly recorded in Book 3546 Page 133. c Rio �2 `y�i Ob Said land is subject to a tem set forth in the Order of Conditions issued by the Town of Barns 'le Conservation Commission, dated August 16, 1982 duly recorded in Book 3558;7Page 332, as affected by a Certificate of Compliance, dated May 27, 1983 duly recorded in Book 3761 Page 315. •--o.W i b- Lo b1 J Said land is subject to reservations set forth in a deed given by Silvia & Silvia Associates, Incorporated to Floyd J. Silvia et al, Trustees, dated June 8, 1984 duly recorded in Book 4141 Page 67.,E t*941114 �'t1Is� Said land is subject to utility Xeeassements set forth in a grant made by Silvia & Silvia Associates, Incorporated to Commonwealth Electric Company and New England Telephone I T legraph ComTany, dated October 4, 1984 duly recorded in Book 4276 Page 031. �� ,� "too ~` Said land is subject to the terms set forth in an Order of Conditions issued by the Barnstable Conservation Commission, dated February 19 1987 duly recorded in Book 6104 Page 75, as affected by a Certificate of 6 Compliance, dated November 25, 19 4 1y eco �d in Book 6104 Page 79. e�• � 2 �`. ` / �S 24 Said land is subje t to the terms set forth in an Order of Conditions issued by the Barnstable Conservation Commission, dated November 5, 1986 duly recorded in Book 5518 Page 175, as amended by an instrument dated A 1 , 1990 du y orded in Book 7162 Page 213, and as affected by two Extension Permits, one dated May 1990 duly recorded in Book 7 62 Page 217, and one dated June 11, 1990 duly recor ed in Book 7200 Page 254.E p) gA�op � V Said land is subject to the to set forth in an Order Conditions issued by the Commonwealth of Massac setts, Department of nv�',ro ental Quality Engineering duly recorded on ,Qctober 6, 1987 in Book 5963 Page 89,` s / affecte . thr a instruments: one an Extension Permit duly recorded on OAober 13 1987�iry 5971 Page one a Partial Certificate of Compliance, dated Ma , 19.81 duly recorde "ook 633 Pale i�0; a one a C cate of Compliance dated December 6, 1 -rded in Bo 6563 Page 272. So much of said land as is included within the limits of the Way, approximately shown on said plan, is subject to the rights of all persons lawfully entitled thereto in and over the same, as affected by a release deed given by Silvia & Silvia Associates, IncorDorated to David P. Woods et ux, dated June 10, ,�,J$11986 duly recorded in Boo 5867 Page 259. _.----5gg)fj Said land is subject to protective c venants as set forth in an instrument dated Octo er 2 984 duly recorded Book 4299 Page--TI - 72;?_69 Said land is subject to a covenant and agreement between Silvia & Silvia Associates, Incorp ed and the Bar table Planning Board, dated September 17, 1985 duly recorded i ook 5536 Page 18 s affected by a certificate of performance dated Oco a�t 5, recorded k 5971 Pa a 200. oVi 3�og � '0 q013D So much of said land as is included within the limits of Beech Leaf Island Road is subject to the rights of all persons lawfully entitled thereto in and over the same, and there is appurtenant to said land the right to use Beech Leaf Island Road as shown on said plan and also as shown on Land Court Plan No. 41594-A to and from said land and Bay Lane in common with all other persons lawfully entitled thereto for all purposes for which streets or ways are commonly used in said Barnstable. Said land is subject to grants and reservations set forth in two deeds given by Silvia & Silvia Associates, Inc era ed;~ane to Thornberry, Inc. , dated Oc ober 29, 1984 duly recorded in Bo 4305 Pa a 27 and one to-Be�ech Leaf Islan Inc. , dated October 29, 1984 duly recorded i ook 4305 Page 276. And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said owner(s) to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting WITNESS ROBERT V. CAUCHON, Chief Justice of the Land Court at Barnstable, in said County of Barnstable, the eighteenth day of September in the year nineteen hundred and ninety-five at 3 o'clock and 39 minutes Attest, with the Seal of said Court, JOHN F. MEADE, Assistant Recorder. Land Court Case No. 41630 MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE Ctf:138315 647 .963 DATE OF INSTRUMENT DOCUMENT DATE AND TIME NUMBER KIND RUNNING IN FAVOR OF TERMS OF REGISTRATION DISCHARGE SIGNATURE 553,418 N SEE DECREE (5 7 & 9 41630-A) 05-20-1992 2 05-21-1992 1 : 12 -. t" - 554,017 0 BARNSTABLE CONSERVATION EXTENSION BK 5518 PG 175 06-11-1990 1 COMMISSION 05-29-1992 10:01 560,663 ES 8 & 9 41630-A (DRIVEWAY) 08-18-1992 1 08-20-1992 12:22 . 560,664 ES 8 & 9 41630-A 08-20-1992 1 08-20-1992 12:22 658,768 DD ELLEN W REYNOLDS (&0) 138315 7 41630-A 02-15-1996 1 CTF 139822 02-15-1996 2: 10 $1 .00 Barnstable County Registry of Deeds A True Copy, Attest John F. Meade, Register This Certificate: is attested as to W bra ces with a de e OT regis ra ion r Cncumbrancds listed on this certificate Efter that da e have not be fYliy eri nd r not overed under YhSya4l of fvt�i:G►, 4ai Q• . i ' b"o, 43 N ol i m QUITCLAIM DEED i Q I, MARJORIE L. WOODS, of Barnstable (Centerville) , Massa- P o chusetts, for consideration paid of ONE DOLLAR, giant to ELLEN W. U. REYNQLDS of Denver, Colorado, ANDREA W. GAUVREAU of Falmouth, •p Maine, and ROBIN W. CRAMER of Port Collins, Colorado, as tenants ro w in common (Mailing Address: P. Q. Bose 355, Centerville, Massachu- V setts 02632) with QUITCLAIM COVENANTS I my UNDIVIDED ONE-HALF INTEREST in and to the land in Barnstable 3 (Centerville) , Barnstable County, Massachusetts, described a.s fvl- �? lows: LOT 7 A c w PLAN 41630-A $4 arov Said land is conveyed subject to and with the benefit of j 0 covenants, restrictions, rights, reservations and easements of re- cord as set forth in Certificate No. 127564. ro There is appurtenant to said land rights over LOTS 8 and 9, Plan 41630-A, as set forth in Document No. 560663 and Document NO. I w ' 560664. i d For grantor's title, see Certificate of Title No. 138315, Barnstable Registry District. WITNESS my hand and seal this � day afCj �u. One Thou �� V sand Nine Hundred and Ninety-six. 14 O P Uj Uj ,• c.� •T > V�f ktl Marjorie L. Woo s u: SYKFS Alin COLS AITORN,EYS AT LACY ICA 4205WT14 STREET I rowO£FiCE SOlC 1398 NY/tNNK.MA D:b01 i TEL.tSOW 77S-.4707 I i i 'i I i i i :j i COMMONWEALTH OF MASSACHUSETTS i Barnstable, ss; 1996 i Then personally appeared the above-named MARJORIE L. WOODS i and acknowledged the foregoi instrument to be her free act and deed, < Before me, , David B. Cole Notary pubile My commission expires; Aril 7 2000 Ck i i i i i i i i I i I i 1 I i i I i I : i RARNSTABLE REOISTRY OF DEEMS i SYKES AND COLE ATTORNEYS AT LAW 420 SOUTH STREET POST OFFICE BOX I996 ITYjUam,WA,02CIO I 2 j j tLI-.(SOW 775-,Dt47 i I i i : j soak L6'19 i'AGC 005 18372 i i I, ETHEL E. DANFORTH, of Delray Bea, a, Palm Beach County, Florida bekViouanAt for the full consideration of Sixty Thousand (460,000,00) Dollars paid grautto DAVID P. WOODS and MARJOPM L. WOODS, husband and wife-as tenants by the entirety, both i of 14 Campden Road, Scarsdale, Westchester County, New York I. I with quitsialw tama:U tho land in Barnstable Centerville), Barnstable County, Massachusetts, together with the buildings thereon, bounded and described as follows: NORTHERLY by land now or formerly of Sumner Crosby et al, two hundred thirty-one and 00/100 (231.00) feet; EASTERLY by various courses, a total distance of five hundred thirty-six and 731100 (536.73)) Peet, as shown on Land Court Plans numbered 1795O-A and 17951-A; W SOUTHWESTERLY by various courses, a total distance•of three hundred LandfortyCourt Plan5Nc0015f495-one feet; as shown an NORTHWESTERLY by land now or formerly of John W. Cunningham at al, a distance of twenty-seven and 96/101 (27'.96) feet; i WESTERLY by a cedar swamp by the edge of the upland, one hundre seventy-seven (177.00) feet, more or 'leas; and SOUTHWESTERLY by a ridge bordering on said cedar swamp, twenty-one (21.00) feet. Be all of said measurements more or less or however otherwise bounded and described. The granted premises are hereby conveyed subject to I, and with the benefit of rights of way, easements and restrictions of I record, in so Par as the same are now in force and applicable; and so much of the granted premises as is included within the limits of the way over said premises,.10 feet wide, is subject to rights of all persons lawfully entitled thereto in and over the same. For my title, see deed to me from Pordham B. Kimball dated July 22, 1964 recorded with Barnstable County Registry of Deeds in Book 1262, Page f478. ° 't } r i 4 09 i _ iiK'1679 :,Ate 006 EAl7H OF IAA`}'SApCtjlj,}FTTS . � ► -= 13 6. 8 03 r. PO to 37�.-_....s... . i 4 Exeouted an a aealod instrument tk{e p day of June 1972 I I Barnstable, as. June 1972 1 Then pmau '"appearad the sla"namod Ethel E. Danforth i and aokuowWVd the fangoWg Wstmmmt to be her deed, ocs A" � end a9 19 7,:z— s u 9z& ' I i i i Bk 28070 P96 04-04-2014 & 01 : 22P MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 04-04-2014 0 01:22pm CLIA: 645 Dodr: 13923 'W Feel $IY157.67 Cons: $3387500.00 BARNSTABLE COUNTY EXCISE TAX P,ARNSTABLE COUNTY REGISTRY OF DEEDS Date: 04-04-2014 a 01:22pm QUITCLAIM DEED U14: 645 Doct: 16-923 Fee: $913.95 Cons! $33&590.00 1, Marjorie L. Woods,being unmarried and suniving.tenant by the entirety, of 237 North Main Street,South Yarmouth, Massachusetts 02664, for consideration of Three Hundred Thirty-eight Thousand Five Hundred.and 00/100 ($338,500,00)Dollars paid, grant to Matthew Gavris, Trustee of the SPRE Cape Realty Trust, under declaration of trust dated April 4, 2014,and recorded herewith, of 10 Edmunds Road, Wellesley, Massachusetts 02481, with Quitclaim Covenants, the land,together with the buildings thereon, situated in Barnstable(Centerville), Barnstable County, Massachusetts, more particularly bounded and described as follows: NORTHERLY by land now or formerly of Sumner. Crosby,et al, two hundred thirty- one and 00/100 (231.00) feet; EASTERLY by various courses, a total distance of five hundred thirty-six and 73/100 (536.73)feet; SOUTHWESTERLY by various courses, a total distance of three hundred and forty-one and 05/100 (341.05)feet; NORTHWESTERLY by land now or formerly of John W. Cunningham et al, a distance of twenty-seven and 96/100(27.96) feet; WESTERLY by a cedar swamp by the edge of the upland, one hundred seventy- seven and 00/100 (177.00) feet, more or less; and SOUTHWESTERLY by a ridge boarding on said cedar swamp, twenty-one and 00/1.00 (21.00) feet. Be all of said measurements more or less however otherwise bounded and described. Diat Bk 28070 Pg7 #C13923 The granted premises are hereby conveyed subject to and with.the benefit of rights of way,easements and restrictions of record, in so far as the same are now in force and applicable, and so much of the granted premises as is included within the limits of the way over said premises, 10 feet wide,is subject to rights of all persons lawfully entitled thereto in and over the same. The property address is 520 South Main Street, Centerville, MA 02632 For title, see deed recorded with the Barnstable County Registry of Deeds in Book 1679, Page S. I,Marjorie L. Woods,hereby release to the grantee(s)herein all rights of homestead and other rights 1 have in and to the herein granted premises. WITNESS my hand and seal this C day ofa rcL ,2014. Marjorie L. Woods COMMONWEALTH OF MASSACHUSETTS Barnstable,ss: On this {�► day of t(c- ` _,2014, before me, the undersigned notary public,personally appeared Marjorie L. Woods, proved to me through satisfactory evidence of identification,which was r-Cs a,, to be the person whose name is signed on the preceding or attached document,and acknowledged to me that she signed it voluntarily and for its stated purpose. PHILIP MICHAEL BOUDREAU Notary Public .-.------.. Commonwealth of Massachusetts My Commission Expires JANUARY 12,2018 Philip'— Mic5a2f Boudreau,Notary Public My Commission Expires: January 12, 2018 BARNSTABLE REGISTRY OF DEEDS i i (££'ZZ) OOI/E£ Pus oMq-AquOMq 'sa$xnoa anoTagA j Aq'puouugH aba0a0 ;o ATxawxo; xo Mau puvj Aq ggnos aqq up !*GOT 10 axow 1408; (99'EE6) OOI/S9 Pug eexgq-AgxTgq pespunq eAT; ' n qa OE00,Z,0 '3 WVTTTSM 30 ATIOM0; 10 AOU PugT Aq 42,011 Oqx u0 ,BOOT ZO 0-100 'gaat (9Z'Z6t) OOT/9z pug oM -AaeuTu paxpung euo 'aPOR sxggxgg pug XoTxpuOH pus ITapejg uaxvg9 Pug OTx3 ;0 ATaOMIO; ao AOu PcgT Aq uxgbg U'VeRIAON Ogq v0 19901 10 OlOW '49e3 (Lt'8S) OOT/Lt Pug ;gbYa-Aq;T; Pug i 'peat ,zo sxow '490; (0t) Agxo; 1ai0440 Agaoxo Aq pug ;0VOg4x0'pl aqq u0 16901 40 axow 'gaa; (tt'869) OOI/tt Pug gbTa-A3auTu POxpunq xTB 'aTgg48uavq ;0 uMol eqq ;0 PugT pug 109e1 .zo axow 'qaa; (OL£) AquBAas Pexpung sexgq 'UMOu3lun axeuMo 30 clmvmS agpao Aq 4DOMggxON e`f3 u0 'T£60t '0N a9go U074gx40TBOV UT u049og UT 4xn00 pug! agq qg POTT; AM aT ugTd PFg9 gnFgM u'•sagW 'OTTTA -xe490 'saoAvA,znS pusj pexe;sTbag ••oul '*AM 9 xegxgg 1186T 19T aeg0400 ',OOT . „I aTsaS 'pe:tvtx a0oul 'eaggTOOaa+� VTATTS pug gTATTS a0; *$M '(WITTA-10AU00) W14e4OU200 UT puv7 ;o ugTd UOM49d 4.zn00 PugrI„ i Pa1414tsa pugT ;o ugld p uo tmog9 exg 909Tatexd pegTxa:sep eAOge aqj 1480; (Z6'ZSt'T) OOT/Z6 Pug oMgwAq;T; ' I peipunq zno; pugonOgq eu0 'Avm OTTgnd s 'augZ Lag Aq AlmaSs3M tgeO; (tt'S58) OOT/tt Pug eAT;-Aq;T; pexpung ggbTa j #02TAbas 'ueOxO •g Willa ;O A128=0; xo Mou PugT Aq X'I'H3,0314 1460; (90'06E) OOT/90 pug A3euTu aapunq saxgq 'xn qa uauTMM-1 -V OTAoy ;0 PugT pug aaganay 'uesvgo •R ptguoa ;o 412euss0; 20 Mou.puvi Aq X'Il33mminos igea; (6Z'06E) OOT/6Z pug Agao; peapung asagq ¢ 'xebxegxaH '0 guTATOW ;0 Alxausao; xo MOu pull Aq X'RrUs1t'3 !900T 20 slow ` 'qea; (SOV E) OAT; PeaPung euTu Puganogq aasgq 'xebxagxeH 'O guTATaW ;0 ATxauta0; 20 Mau PugT Aq MUM Pug XTJRLSVSHXnOS 'AgUZSS'H3 'XrMISHM MOS 'XPIH71M 'AMIMMON 'X'I2iSSStf3HL�ION 'JG'I2ISTiSaM 'X'�2�HHS2ION 'X'MRIS1 I'dON 'X'IZ 21SW 'X'IHRLSVR I -H009 'XURHIMS 1XuvszS3M 'Xmaisammos 'ATanevannOs 'X'I2l3lH nos tgaa; (tZ'SOS) OOI/tZ Pug OAT; paxPunq aAT;' 'OTgngauxgg ;0 UAOX egq ;0 ATxewxo; x0 aou PugT Aq =5119valmdoN x t OVvd ! :BAOTTO; 99 PegTxosap pug pepunoq 'sggasnqagsasW '4un00 aTgg49tuxg$ '(aTTTAaaqueo) aigageuxeg ui Pull 0gaeMU4402Una ubvVA i I I eggesngoga9gW 'AqunoO 0140149ux49 '(elTTAxe3u60) aTgggsuava 'geasgS uTgW 6I9 W BBeuTonq 30 I i 40VTd Ten9n 04T buTAVM uoT49ao4400 aggeBngogaegW 9 'a2XV90dVOOKI 'SSIVIOOSSY VIA71S GHV[ VIA'IIS i pmd 00'00010EZ$ #oa04—ppaoolintstp Z01, 11N t ` J 'OuTvW 'pas;TV Y0 zabxaq qH 'o suTATON g/X/g '2I3J2TMSH AMHO VNIAUNi 'I I ' I a r BO( g1 PdGE 213 feet, more or leas, one hundred fifteen (115) feet, more or less, sixty-eight and 21/100 (68.21) feet, more or less, and one hundred thirty-eight and 21/100 (138.21) feet, more or less; On the East by land now or formerly of said Hammond, two hundred fifty-'four and 84/100 (254.84) feet, more or less; On the Northeast by land now or formerly of' said Hammond, one hundred eight and 75/100 (108.75) feet, more or less; On the Worth by land now or formerly of said Hammond, fifty- eight and 09/100 (58.09) feet, more or less; On the East by land now or formerly of said Hammond and a portion of park Avenue, seventy-nine and 18/100 (79.18) feet, more or less! On the Southeast by land now or formerly of the Fessenden School, fifty-three and 67/100 (53.67) feet, more or less, and one hundred seventy-six and 69/100 (176.69) feet, more or less, and by land now or formerly of Stephen and Muriel Laverty, fifty-six and 14/100 (56.14) feet, more or least On the South by land now or formerly of David P. and Marjorie L. Woods, two hundred thirty-one (231) feet, more or less; On various courses by Owners Unknown as shown on the hereinafter mentioned plan, one thousand three hundred to (1,310) feet, more or less, and five hundred fifty (550) feat, more or less Being all the land shown on .plan of land entitled; Beech Leaf Landing, Plan of Land in Barnstable (Centerville), Mass. for Silvia and Silvia Assoc., Inc., Scale 1" m 100', May 2, 1982, Baxter & Wye, Inc., Reg'd Land Surveyors, osterville, Mass.," which said plan is duly filed in the Barnstable County Registry of Deeds in Plan Book 363 Rage 72. ! _ PARCEL 3 All my right, title and interest it and to the following de- i scribed real estate, bounded and described as follows: On the West by various courses by the land shown on Land Court Petitioner's Plan 40931 being Parcel 1 herein; On the worth by various courses by land now or formerly of Melvin; Crosby Herberger being Parcel 2 herein; On the East and j North by land now or formerly of Frank G. Thacher; On the East by land now or formerly of John Greene at ux, Edmund E. Schmegner, Barbara E. Jakielo, Patrick Tobin, Elizabeth A. Yeomans and Anthony P. and Mildred W. Dougherty; On the Southeast j and South by land now or formerly of Alphege T. Nault j at ux. The above three parcels are shown as Parcel 44 containing 69.12 acres, on Sheet 186 of the Barnstable Assessor's flaps:. For title to the above described parcels see the following deeds: j 1) from Norman Boucher at ux at al# to Melvina C. Herberger dated February 8, 1982, recorded in Book 3434 Page 293. 2) from Jacob Lovell to Aaron S. Crosby dated November 4, 1890 recorded in Hook 220 Page 576. 3) from Mercy C. Lovell to Aaron S. Crosby dated August 19, 1898, recorded in Book 235 Page 247. 4) from Mercy C. Lovell to Aaron S. Crosby dated April 11, 1900, recorded in Book 246 Page 157. '5) from Mercy C. Lovell to Aaron S. Crosby dated February 17, 1911, recorded in Book 380 Page 54, 6) from Rachel Hinckley to Aaron S. Crosby dated March 26, 187 , recorded in. Book 152 Page 556. 7) from Emeline W. Bacon et al to Gorham Crosby at al dated A>u yst 31, 1800, reaor4e! inn ftok. 154.,Zaav_3A7..,. .».. . . .... .._.. __.. . j • I i 8) from Gorham Crosby to Gorham P. Cr* t a7 ted April 18 1883, recorded in Book 1.52 Page 567. DOOKA �.Pt BE � A 9) from Gorham F. Crosby to Aaron S. Crosby dated October 28, 1890, recorded in Book 433 Page 342. 10) from John F. Cornish to Aaron S. Crosby dated July 7, 1896, recorded in Book 222 Page 305. 11) from Ansel Lewin to Gorham Crosby et al dated November 24, 1882, recorded in Book 154 Page 370. 12) from Ephraim Lewis to Gorham F. Crosby et al dated September 2, 1084, recorded in Book :188 Page 349. 13) from Gorham Crosby to Aaron S. Crosby dated April 10, 1833, recorded in Book 157 Page 263. 14) from Gorham F. Crosby to Aaron S. Crosby dated November 29, 1913, recorded in Book 397 Page 116. 15) from Gorham F. Crosby to Aaron S. Crosby dated November 29, 1913, recorded in Book 397 Page 118. 16) from Howard Sturgis by Guardian to Aaron S. Crosby dated November 14, 1877, recorded in Book 133 Page 30. 17) from Sarah C. Sturgis to Aaron S. Crosby dated December 12, 1877, recorded in Book 200 Page 294. 18) from Jacob Lovell to Aaron $. Crosby dated February 9, 1885 recorded in gook 190 Page 237. 19) from Jame Richardson to Aaron S. Crosby recorded December 26, 1901 in Book 254 Page 95, 20) from Mary C. Bearse to Aaron S. Crosby dated December 19, 1904, recorded in Book 271 Page 507. 21) frOM Mercy C. Lovell by Executor to Aaron S. Crosby dated March 9, 1917, recorded in Book 389 Pagi 275. $ee also Barnstable County Probate No. 1864,4, Aaron S. Crosby, i Barnstable Probate No. 54382, Evelyn Crosby and Barnstable Probate j No. $4722, Sumner Crosby. i Executed as a coaled instrument this IJ& day of. ( ,,,, 1902 i . —�.. Me viva Crosby erger I i �utditrba�tf#�c Barnstable w. 19 82 Then personally appeared the above named Melvina Crosby Her` i i and acknowledged the foregoing Instrument to be her free act ore me i C 14Y oom-&- piree may. J j 1944. IWX 17 * uJN?-0t yj`tl >•,f,6 G 4.R V'a Sul i i RECORD@aw 282 _,._._._..._.... i Town'of Barnstable oFIHE, Regulatory Services Richard V. Scali,Director • Building Division BA#I : 8MMSPABLE, i MA98 g r�iu�m�vs�163q. 10 Paul Roma,Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us June 1, 2017 John Ciluzzi P.O. Box 731 Centerville, MA 02632 T Re: 149 Beech Leaf Island Rd, Permit application number B-17-1393 Proposal to construct a new single family home on a nonconforming lot Dear Mr.Ciluzzi, Please be advised that your request fora permit to build at the aforementioned address has been denied. We have information on record that is in direct conflict with the letter of buildability you have supplied. r Land Court Examiner, Attorney Mark Haney provided pertinent information in his letter dated January 23`d, 2015. This information, in conjunction with a staff report from Elizabeth Jenkins (dated September 29, 2015), necessitates additional clarification or relief from the Zoning Board before'we are able to act on the building application as the available documentation maintains that the lot was held in common ownership from 1992 1996 by David and/or Marjorie Woods. It was also noted that relief for the lot shape factor would be necessary as well. Sincerely, 1 � Paul K. Roma Building Commissioner 508-862-4030 f J Mark.Haney Attorney at Law, Land Court Examiner. 21 Route 6A Uriit a TeI. 50$ 888-0801 Sandwich;;Iv1A 02563 Fax..508 888=Q801:- imhesq korncast net � August;l9,2017 . ` Members Board of A alsoo ppe Town of Barnstable Town Hall' 3j67 Main Street:: Hyaririi MA Q2664. RE Appeal#2017 055 14913eaeh Leaf Island Road; Centerville; Ladies:and Gentlemen; I':have.re-examined the title to L'ot`7 as.shown on:La.nd Court Plan 41630-1 (Applicant Land) and i,.eport to you that:my opinion as,to fnerger of.title after Zoning Bp Law chariges has not cl angel'from my initial report ' 04 I have.examined the eery extensive:filing in the pendiing Appeal and find t11at-most of the submission is not-relevant taahe issue that you must frrd and that is Was the subject land m compliance with zoning regulations as to area from the time of creation as a I ' uhtiI the present; Iri this-case,again,I1-find."that t was ndt Lot 7 was created as part of asubdivisionn 198.41 and subsequently:Registered in the Larid Court to create o n1984Lonformedto allemef b LAth v ol zoning , requirements: The key date.that I considered was'Vlarclt°1,.19$5 when he ac•eage,required in this zone went to one acre.'Currently this district is two acres: In;1992 tot 7 was con eyed:to David F Woods::y Certificate Writ 127564 Title was;then transferred to 1Viar�one L WoorJ:ds in;1992 by Certifieate:of Title 135.8.72 Nlaz�orie.L Woods then transferred a '/.interest in lot 7 o,th,a other persons and retained a'/I nterest In 1995 1VlarJorieL. Woods conveyed herinterest into the;three persons listed in Certificate of Title T39822, w. Lot 7 was abutted,on the southerly`Ine of 231 feet by landYformerly of Ether-E.,Danforth;until 1972 when she conveyed to David F Woods and:Marione L 'Woods by Deed recorded iri`Book 1:69,Page 5 I3avid F Woods deceased'in,1994>and.Marjorie L Woods deeded out thts:;parceI': " in 2014 This parcels curently'owned by Matthew Gavns,Trustee;of SPRE Cape Realty Trust ' This parcel is referred to as"abutter or abuttuig:;parcel"herein. The title to Lot'7 and;the abutting parcelsare clear and unambiguous;Aft ifie 19$5 zoning change to one acre,Ahis.land'was held in common The so"'ib" ly'line of Lot 7 and the northerly Line of:the a%butting parcelite the exact;tame 23. feet�as.shown on the Land CaurtFplan and .. the Deeds to the abutthng:parcel; At any tme::dunng commori.ownership;;the predecessor in title to the applicant had the' E opportunity to c, -0.out the-neces. square feet or arm:o make their locus:coii o .ng to the: then zoning by=laws I,haveRnot addressedeor researched whether the frontage requirements alsq E anged,in the amendments to the�by-law, ch As an;Attorney and Notary`Publre I hereby certify that each of the;attached copies are a rue copy of documents from the;Barnstable.County Registry of Deeds and Distrrct.of Land:Court Dour 've tr it y' JMH/JD Enclosures 3 . a Y f - _.. o r d q W d ;: Fi > Ono mi r L a (� .gyp• <� a A aco fit ... MUM S Volt 1 r 1 m y pp.. g E Ill 7�Ck i4t Asti � ,o n _ : 4 s , • i �,.. PLgN OF LAM? B1IRNSTABI, , 8&xter $c 4),Nye Inc , , urv�y,Qrs !k, p� r sm {d Cti> Ai Lo • t bC.:�8 bx�, �.Y o ei Y .A. .r,,; p6. mi , '��G/a eon 1 f1C0 49�� LA 3p�� f�`°�0► � 14 I IV . Gdcus cvnrprtr@a, •� ` �_' Gott t thru:,t0 tAc1i. Capyotpnrtatpran .. -,_ anra ao�sra rioru oF�ic Scafsvthlsp sn feat fo C lne Abet Nc✓ ers re not'ad�udfcgted ... touts - .M6ora,Ea�tr188rfor tlrt v . o. � o4bk 9 560 W166 k e Ctf _Na 12 #. TRhktSPJ;R Ci' TxFTCbTB OF CtTI; Ffosu Tzanefer Certifitato 4Z0 1267. E Oziglaally* Registered Muq 29, 1991, iii Re$isiratiost-:Book 1038`Page I06 for'the Rag#stry,? tritt'of Barnetabla'Cauatq.. Y73IS IS 14 CERTIFY that David,<=P Woods, aiti a maillug adroas oaf P q Sox 355, 4 ,G'Mt®rvitle, "acitu�eets oz932, is, � the otisLsr(s) in fee sisajle {{�f�(�i�R aF that;land aiit aced in;8ame�eabl.c s in the Cousxty o $artsatabla ands Cam rvealtk nP Hasa thitsetta, hotisridad d ioeoril od IIa:follbtb:: i7 e PT.AS 4i630-� t ;� il Y n : fi 3 3 Said )and It subject to . rotective covenants:, restrictions:. p rights and rasa vetions' wade by Silvia b Silvia hseoti tee, � r °d r��fikf E August 20 1982.du1y recorded ti•Book 354 b Page; 133. ZONI[v�,6+�AFtp OF AHf+hAl S , Sand iagd is !eabjFct to tba t$ras aAt forth in the Order of Coad3- tuns iea'ued by the Town oi' Sasnstahle cm, 0 rvstion' Cpo iaiaian, dated Au 19@2 du19 retarded fU sogk 355$, Pegs 332, as?sa#feeted by..a'Ceztlfcaeat# pli. 3uce, dated Hay2T, i983,dulq r 6aco 3 3d `15r Said Iand 18.ffie►bjtcC.Co rea rvat3ons set forth in: a deed.gi ad by dI'llSilvia 8 Silvia lsatieiatos Ineo r rpatate to filoyd J,; Siivi� et a1, ItUbtees, dated ;: ;: .> .Jnne 8, 1984 duay recorded is Boot 4141;`Page ,67.r _ _. Safd land is` Oct, to Utility t saa�eata stilt forth i�c a.gr6Ytt ( e by S21via Silvit4' ABaxiatem, Tyscorporsted k p C,soa�tatalth Electric CompiassT ., nail tQerr k:esglattd-Ssis hnt4c & 1'ele rs h P.. . B P Coespatty; deLed Oetob°e 4, 19$4 duly`;recorded is SooFc 427b Page,031;. Said Viand is ;:subject:Co the terms s'et fbrth st, aa;Ordor pl• Camdi tfoas iseied by c.Ae Barnstab2a Cssaservntion Goaiseion; datod:Fabrnary 19, 1907 duly recorded to $ook; 6104 Page �5', as affected y a Certifitato of " lienca, dated Noyesubar;25, 1987:du3y racaYdad:Yet Sook:6104 Pagra 74 ... ... ... ... $aid -lend lar 861446t to the tar" s..et forth in an Order q€ Cmsdi= tivnp isaned by the•„sarnstabid :C„ae®fvation ;Ca gaiou, dated Novemb tr S r , 98b duty recorded n Hook 5518 Page 175 asgnded by',A*:, C daited .:, AF;il ;17, 199.0 duly recorded in Eaok 7,Y52 Page 213, a u! as a:£#acted';:by taro' SxtellptaA PermSts, one dazed H+SY ,8, 1990;. duip secordefl:is Book 7162 ;Fags 217, sad'`ana dated Junin:1i, >540 duly,res:ordgd �-HOCik 7200 irugo •254,. 5aid.land is subj�ct loi the. texmna.tat forth in an:<Ordar of Condi- lions fatsned vy the Cosamauwsalth;pf Hasaaehvaetrs, Department aof EnN q mentm� ty'8ngineerirsg duly recorded an tktoTiar<6, 1987 Id UpkI.5943 Pa&e 8,9i sa a#footed bji g` three instenta,= ass bA 8xt�nson k?etsit duly, recorded vn Qctober Y3, 1987;in Book 59y1 P e 201 qae A Partial Gartifisste of` liatrce, dated Hay 24, 2988 duly P . . i r¢ecrdad its Book:6338 Yelga 130,,asid q0C a Certiflcats of Cviglienea,;. detnt! 7lecexbs'r du3.y recorded.>i'n:Eook�b$d3 Page'27Z:.;. ;° 5v s�udh of aeld land a is•inr],udtd within the lja its of Ws Way; opprox . at shcsm A» slid plaits is aubjae� to the ,rights of s13, persgns rirssrfully entitled tttmretq in and obey th¢:_ de,tes, as affected by;are 060! doeii :given by S1 a & -53lvia 1abciates, Tiudipetatefl to:D,evid P allopde ee ux, datcd,Jane 40, 145E duly (? recorded. 6 Book=5867 Page 25,9, Said laud , subject; to protective coNetti c6 as :set fartih Sn Stu liittrumassLAated October 29, 19$d duly recorded :itt 8aok 4199 Fags 311 i . r $aid land Ss:su$�ec't to a coveitapL'and agreement 6aCMeen;:3ilvla Silvia Associates, IorpArated; at[d the Sametable R2anAing,:Board, ,;dated 5eptembaT 17, 1485.101i.recorded fig Book ;5536,P.aga i$, .Qs affieetad by^s:atrtif3cate oY perfOr- :. :maact detad Octob'er,5,< 1987 duly. zetordmd Sn Hook 597I:Yab" 20�;.... �o ifs of said land es ie cludad vfthE the Nita of Heath Tpaf Island Road ie apt ddet to the tights of 1 petaoas lawfully nMtlad ;bareto is and -fist bs eastei and LhaTt is s►pgu;teniytd `said 1 he ritht tb use Saeeh Loaf 2s1aAd Road as aham op sntd pllisf and also as ttbaaa on yl, Costtt Plea t►o; 4 .594-�.tp sad;Pr a asxd; I�tt�lt,npd aa7 T,aaa 3p=coc my,1►ith sly ether;persona'I Wu ectitlafl tbervto;fos ail Iturpasaa.fox.: vhich: atredto; or vayac are caraeanty weed 14 a�►3d Barnsta�l"e: ; Said I la aubfeet to grants and` raaexvatibne net torch in tro deeds given by Silvia & S1v3s Assactates, I�Corporated, orie to Thorab¢rrq, See dgtad October 24; 1984 14CI, recata a 2n Book,4305 14'i x73,'sad eexa to fle'eeh Loaf Ie].and,•'TiC,, dat®d�Qctuher z9 198b duly �caxded iri>8oak 4305 Page<�27b;; . w OF BAR TOW N- NSTAKE. ZONING f3OAR0,OF At?ECA { t: AAd St in =ftirthtY;;certified thtrt;said land is under.Lte ;operation and Dtov - ( 04ae of Chap;er"i85 of Cha Csactal l ale, and'that the title`o£ said bevid P Goode' s " to;said Isad is r0lotared under'said C2ia vb,jact:; havaver, ta'as of.the eatuii- bsancea menCioaed iTc SacEioa Forty Si of Siid:Ctsapterf orhich;may b`e 8 baiaring.: :,. {JIIHESS, 30}i B a:.F1+�'ltlt�y;JR , :Odle lnatice of"'the I.ati d Court;►: et'tameable, !n aeid CormLy o!: Barnstable;, kt� .CirronClatt� daY o£Aagues is the='year nnaceeji<'bvAdret' 8ad;ninaty'ttra, 8C::12.o'clock sad 32 mSaias AteaL, with thc:&aaI o!':scaid COtttt 4 . JOfi�{:R "MEd]1�, I�setant Swot is Tsnd Court Case,No k 3. j x . t: MOMMOKAN fitJ6RIIR 7�T !ttlNNfiY(S itt lAVOe OP WARM, 87QNA $9;� E i TbE3�Q8 ASBt&YA DI$CffAl . _._ .$�f6�'NilTfQ1'S 553,hi5 : NotSce See DecxeeY;: 5/20J92 s S /x1192 fill g:ra , 554,022.; Picge Gape"Csd Saf�k. S Ttsfst Co Lot;7 fit'. ¢475 OltO 5J24l42 ib . .. 5S4,Qt ExCegei< Ba>ftatabie CcnserYstian Re . 0/Cocd.:YEaok 5.51$. 6Jtl/oft Perrn'iC Guwaf7tsion"s Page. h75 "j24J93 i0.0'. to 360,653 Ease`. RigIita aver'Lots 8:& 4, i'1 S/d8/42 dj63d-A pp to 7.or 7, sa3d 8J2Q/42 3.Z 22p m, iftil3tfea.,emeaaen.€i:: 55Q,Bbk Ease', Rfgl is averAldtD 8:& 9, P1 8120I47 bi630 A apgt to.LoC 7 aw 812D/43 12 ?2p m 551,142.; Par- Re Brian T DuceY: 1e1..Lot 7 'P3 4t530-A 8J24142: Estsa. 56b,6b3 fram'Mcge 8I26/9 : 10 Q,4a.m Doc -554,Oi3 i. t 1w.. �,�;1 . = v _.. a c l< ... .. pe 4.. -lgnd Court Cert3£icate SearckResuls` - 41211 .6650 A t3R08 f AEiL C L.Af-4Q GFJURT i i_ i5�RY giSTRICT :�OF 41V;'r IVi A't 3E, REGtS�E L,artcl Ctaurt by Caftifloat�{� _ . _ , i 5eardh Certif�catQ,# 1358.�2 , i <Prevrou {Sh "ow Prrnt Carr"i Prittt135ting;i Crafts afe lstrng Ctfz.No:.135872 7i2iNSFERCERTIFICATF OF TITLE I Frorn Certificate No 127564,:Origfh6lty Rejjt,t red_Ai gtlstz201992': rn the.Re rstQ.,District of Barnstable,Goun ty pi THIS IS TQ CERI IFY tfiat MAit7QRI1:;L WOOtJ:S, of 512A South MarnStreet,.P 0 iSax;355, ;J Centerville, Massachusetts Q :632, the awnei�s}in fee simple,; Uf thatx and s►tuated'�ritBARPaSTAB LE.' m the`county of Barnstable anal the Gommanwealth>.:of Massachusetts' described as< TC�WNnP ARNSTAE Foliovvs: ,. IQtdMlGrsaAi?I)Or Ai'c'c:AGS LOfi 7 F PLAN 416Q A Said .and is subject to protectrve'•covena`nts, restr'Ictrons;;nghts` and reservat.ops madezby S,Iv a &Silv�d Associates,'Incorporated, datetl August 20. 982 d;uiy recorded:in:Book 3546.Page 13s Sdid land rS subject to of terirrs set forth`:in the Qrdtr of, Condrflolts Iss�red Isy>tCte Town';af Barnstable Conservation Commisslan, dated August 16r Igt3:� duly recarded�in fI©ak 3558;:Page 3�32, as affected �y a Cart ficate-of : ::Compliance, dated May 27,,19:53 duly;recordedrrn Book 376S;-Page 3"'15,, Said farad is subjece to reservatrans set forth in a deetl given by Sllvia&;Silvia Assgtfates, I: rpQ.. t to Ftoyd ). S.iluaa et.ai,,Trustees, date'tl= ... t rt dune 8;;19t34 duly recorded!tl Bpok 4141,Pagd 67 . I: Said land Is subject to utility ea3efnenfs set forth in a grant made by Srivra &Srivfa[Assatrates, h�torporated ta.Coni Wealth Efectric Company; - an, New England Telephone&l efegrahh Coo�pany,dated,gstobee.4 i 984 d;uiy recorded s in Book 4276 Page O31:: Said'[ d Is subjecr.to the:terms set forth;in air Girder of, ondrtrohs Issued by the Barnstable Conservation COfteplssiai datedr:February 19,. -1987 duly recardetl m Book 6 04 Page 75, ascaffe�ted by a Certificate of _ Camplfance,dated NouQrnber 25, 1987 du►y.recortled:in Boek:610�1 Page 79`: Saki land hs Wect to the terms set for+h in an Order,of Gonrsissu r CtyB Goa0ormissldo n.� dated:Novernl�er S; 1.986 i tluiy recorded Irs BaokfS5 ,8 Page 175 s ar rer dad by an Instr.ument:N ated, -'i 17;, J 990 duty recorded In soak 7162 Page.21�, aid as affieeted by twQ Extensro):Permits, o`ne date,,d M"Y$, 1950 duly recorded In f3ook.,216?..Rage 21.,:an one,dated June i1: 1;990 dull recorded InFB'oak 72t3p Rafe ?54:: Saidxland is subject to the Germs set forth;`=Irt an Or er.of Gond7rioris rssuerf by the Commonwealth of Massachusetts, 17epartment of Enu3ronrrte`ntal i Quat3ty:Engineerrrig duly recorded qn Oc>ober b, l987`in Boo1Y;5963 Naga 89;.as. i ht"tps//search barnstabledecd 1QTt'-LC TLNV 00357&W9DOCN 0630508&W9DSEQ=0002&4VSKYCD=f&W9iMip'',t�DbCtf Page I:of• f land Court Certfftcate Searcyl'Result"s,` r 4/21J16 65�{- affected qy three rnsfruments: one an EXtension Penrcrit duty>recordeif on Qctober ir;e �ig87 j,n 600k 5971 P.ag610 1; one a Partial Ceitificate of Cotnptlance, dated May 24-,. 19$$d..uty recorded rn:Bo_k b338 Page Y30,;and tane'a Gerttficate of"Gornpi ante, l_ utea Qecemb;er.b,-1 R$t dul.,yy recorded"in Book 6553`Page 272. ( St>>mucft f said sand as is lnctuded within the Eimlts of he Way,; s approi imatelywshow,n an sand.plan, rs sutijed to the r fights of a(I persons lawfuily< jA entltltd thereto in artd over the sam"e ,as affacted,b ::a release deed;,glyen'b-y' Stitrla Silvia Assoclafcs, iri�orporated=to David P,_Wbodtit(,ux, dated June:1E?-;. i �9t36duly recorded in.';Baok SSG7 Rage 259;.: E ? . bi and- s subject to protoctivecovenants as.,5:et•torth in an Instrument dated gcCiber 29.19i3�1 duly recorded Sir ;Book 4?99=Page.r'1-1., �: s Said lane Is sut�}ect trr a covenant and agrQemer'.t between StEvia & rt t ta thBrnsbec SlvtaAssocats, gard,datedSeptembera d+riy ret-&d0.tl to Book 5536 Page 18, as affecEed b a certificate o.f perfiarmance,dated Octabcr 5 19K7 duly recorded fin:Booi<S'971 Sa much of said land as IsJ'hcu ded,Vl"thlh the Itmits of i3eech Leaf Fsland Road i5 su �ect to the rrgtts of al persons lawfufl.y entrtlGd thereto i' m and over,theand'tfere r5 ap;purtena`nt to skid tand the nght to', .Beech' i Leaf Island itoad as shown on yard late;and also as shown on land Gourt Plan Noi: r ;, :. 4159�1`A to and front ne lt tl s §aid farad an'd 8"ay Laln common uvitt]a aer perstkn .. .: tavafuttq ll purp s entltted thereto for aose for whlchseeets or:;ways are commonly used°l;n said BarnstabYi=:. �: TO{IVh!OF BkRN57AE;'): Said fand is sub�ett to grants and reservations set forth ;n two ZOrvlrvi i3C1fiRpt}F Afafstlk�> deeds;grveh by,Siiuta&Silvia Assoaa$es, Incorporated, one to 7horn;berry, Inc, datedOctobe,r;29, 198.4 tldfy r.,ecnrdet! rn t3ook 43Q5,Dage 27'3 and one fio Beech leaf slam;;Inc dated Qctober 29', 1964.;duly r;r orded lin Boak;a345 Page 276:;. And;t rs further certified that said land rs under this?aperatdn and,provistons' ' " w, of Chaister 185'of the Generai'Laws, and that the true of said:owner('sj to said tand rs`registered under sartl Chapter,subject however, to a'ny o€the encumbrances We Won:ierSeWon forty- rX:of$aid Ghapker, whlch>mau Irexsubsistirig. W S,ROBERT V.CAUCf90N Chief Justiee.of thetand Court at:Barnstab_le, tn,said: �. County of 8a'nstabl,e; the:twe'.64d day gf December In h year`nrneteen,hundred and;�ninety fiaur at i o ciock aid 27 minutes Attest,:with the Seal':at said CourY,: JOHN,F:MEADE-.Assisi an .Recorder La,�nd C;ourt,Gase No,�}.`1630; ' i .,,. ,.,.- .. ... ...._.. l , <Pteufoys ;�"Show Pnnt Cart.;."( Pnitt;Usting � ` y ; P" d8&W9DSE:Q=000"l&INSKYCD=P&W91MIanlcDbCtf Puce 2 oP; Litt s J/search batnstabledeetlsorg/AlfSY"WW400RHTMiWS1QTY�LC TLN�00357&W4DOCN 06305 -. -..... _,. .. '.' .,..,. ...ems.--. '� Lana GourtCeruflcate Search.-Results: 417!IJ16 650 rM1L-� �jwt ..:rsw F2 4 SL Sra�rrcti Certtfca'te># 1383,Y5.. s. ': <prevous j Shaw Print Cart i PrintLrstrng `77777777. ur <., Ctf No 13$31$ TRAIUSPBR CERTIFICATE OF tITLt hiam Certificate No 13.5872, Qrlginaily 12egitered Decenitie;r:Qf],1991::. ' Registry Distn ,bf Barnstable.Gauntry;, . IiIS 15'T¢CERTIFY that t LLEN N!REYNQLDS, ANDREA W CfiUVREAtJ ROBIN W CR4MER,:af P O r3oic 355,Gentervrlle, Nlassaehusetts 02632, for an undivired one half{1J2} : 4nters ;as tenants In=commaa 1 % Q !_tNOODS :, for,ari undrvided one"half(12} { interest; t 'er6 otNrer(s) in fee si►T►j�ie . - - F � ,"'� . r OF that:band srtuated iri'r3ARbtSfiABL[; iri the county of Barns°table and the GoirrrnonWealth ctf MassachusFtts ies,;tcrled;as: fogows L T 7, tAf� 17. y s, -LAN'4163Q Sa►ii land S;sub}act to pratectrve"covenarjtrs, restrictions,:.rrgh€s ind reservations made:by Srlva&Silva Associates,Incorporated, dated Au'gust,2(!;1982 duly retorded 7t1:Book 3"5:46 Page;133. Said land ls:sub}ectto the terms set forth in the girder of; Contliiions issued by the Town of Barnstable C�nservaEron CornmrSSia;rt, dated, August t 6, 198:2 duly recorded,;in Baal"355A,;:Page 33`L,as.affectedr:hy,a"Certifrcate..if Gom liarice dated Ma 27 1993 dul :.. P . y y recorded,in Bagk 37,G1 �age Sand:land is subject to reservations set forth!n a deed gwen by $llvla &: ilvicx Assocfates, incorporated:to r toyd J Silvia et al Trustee , dated I Lunt 3;.;19t34 duly recorded rg 41 Said I nd is:sub}ect to utility easeri eats set forth fn a g"raRt made by Silvia &Silv1.i1.a Associates, Incorporated to,Coimmonwea(th.ElectnC GQnlpany and New Eng#arid Tcieptione &1 elEgraph Company, datetl October 1984 djly recor<deel; in Book'4276 Page Said lend is sub- t U the terms sei forth in an Order af: Gondrtwis rssusd by the Barnstable Conservat[on Commission;,dated(ebruarey 19,, 1:987 duly recorded in Book 6104 Page'75, as•affected';by aCertificate of Corrifillai cP, dated Novrmber 25, 1987 duly 44 rC,, �tl.-- ,Ic6104 P4+ge 79. Said;land isu(�}ect to the terms set torth in an Clyder o€' Conditions issued by the Barnstable Cbriservation Ctimrrilssion,:dated;.IVovenib'er 5, 198'6: ';ialy recorded tn_600k 551E3 Page 175,<as am6nded by'an instr..:iiment:elated April ;9$0 dryly recorded in f3rok 772 Page 213, aril as affected by two tension its o,rrc Bated May iJ; 1990 duly rLcardad (tt Kook 7162 Pa'cJe 217,=!and one`dated June fl,: 199trduly recprtled rn Book 7200 Pag? 254a tit.ps/IsexreFi:6arnstabledeedsorglAuS�NhV400RFl1M�WWl.PgIC TLM: 0024.I&W900GN=.'0647963&W4CISEQ=000}&WSKYCD=F$W91M10= cObCtf Page l;pf *. EP _ .' + Land Cpurt Certificate.-Sear¢ti Resulti Said land'rs subject to the terms:set forth m an`Urder of Conditions issued by the Gomrnonweafih of;Massachusetts,'Deparkment of:Environmental �uaftt y Engingerrng;duly recorded an (ictober 6, 1987 in;'Book 5963'Page$9,,as:: affected by three Instruments one an EXtersron Pe+rnrt duly recorded on C7;etober 13,. 198 ;n 800k;S971 page 201;; one a Parts(Ce ifleate of Co npl'rarice, dated:May 24,.: V. 19$9-tluly recorded r gook 6338 Page and one a CQrtiflcate of omp(tance, dated'December G, 1988 deny recorded Al:Book 55t3 Aage 272', _. 50,much of said land as is included within the limits of the way, approximately'shown;xon safdpfan, {'s subject to the rights of ail persons law.fui]y entitled thereto rn and over the same,as affected by a release,deed 9 SrtviaA&Srlula Assorra,qs, Incorporated to David P :Woods et ux, dated } 19$6duly recorded in;Book, 867 Page Said (and zis subject to protectivecoveriants as set forth an air; instrument dated Qctober 2J:19$4 duly•recorded rn-Book 4:299,Pa..ge 31ic Seed land is subject to a;,covenant ar7d agreement between Srivia tk Silvia Associates, Incorporated and the Bart table Plannrng:eoard, dated 5epternber' ' n 17, i9.r3S tluly terorded rn Bo`4k 5S3fz Page 18, as affected by a certif+cate,of .:' tf performance dated October 5; i987 duly recorded in Book 597>i Pa e 20p: �' 9, .. Sn much olsard land as is IhC(uded within the Limits of Beech Leaf Island Road is subject to ttie rlg:tts of at►persons lawfully entitled thereto' in and;over the same, and ttaere is appurtenant to said landAhe fig.t to use beech', Deaf island Road as shown on card plan and aisa as shown on Land Court Plan Ng. 7nL ,rr 41S94-A to and from card Land and B'y l.ane.rrn Comriton wit all other pe"rsons`. ' ' {t� rnr~,� nR tawfufly enhtted thereto for akl purposes for.which streets 4r ways.are porrirnoniy i. usedn said< arnstable,.... . Said Land !s subject to grants and reservations set forth h two deeds given by Srtvra &Srivia_assoc@10:i Incarporatedt one t'o l'hormberry; InC dated Oclpber 9, 198;4 duly recorded rn Book 4305,Pa z73 and one to•Beech Leaf h Island;Inc dated Octobee,2.9:, 198d:duly reGorded`in Bovk.4305 Page Z7b And it is further certIt'red that said la"d rs under tha operation and;prov+sio,ns.: of Chapter 1$5 of the General`Lawi wind that;the title of said;owners) to said land is•>regisferEd under said Chapter, s�,bJecC however, to any,of the,encumbrances; ry mentioned in Section forty slx. :of said Chapiec, which may.>.be subsisting; t !WI1 Nt^5S ftOBERT V s' 1. ..- O:N,Chief a"-,ko of the:land Court at.Barnstab e, rn sa,jd s County:iof Barnstatrie;; Che eighteenth day of:September in'the year;n+neCeen hundred Vinci ri+nety=..five ,. at<3 q`clack and 39 rninuttisr latest, i rth the;Seai dfsard.Gourt;: JOHN �:MEADE 'Assfstant Recprder 1. ;.. end Court Case N¢ 4];63Q ::lA77�—.-" �.:. <Previous ,,� Show Print Cart,l:�,Print,Lrsting ... . _ _ h`ttps// P l C I LNmpQ 51&W9DOCfV:4047963&W9DSEQ OOQl&1NSKYCD FB W�IMip lcObCtf P�ge;Z of 14 .. x. Land CouriCcrt�ftcate Searcti'ReSglts: 4/21/14,:6:95 I. +r+i ,t$ 7 it r,Rr�i.. 1,. •° 7 �.s�,Xdi �Uf,Fr'�::r'y �i�ii.+(�rE�fi'•�i`: <. 3 Serch.Certificate : 139822 :.:. �Previoys i;Show Print Cart::.,i Prrrit Ltstrng Doc: Np 656,7� Ctf'No 1398Z .; TRANSFER CERTIFIGAT,E QF TiTI E r; Frorn Certificate No it38315; Origlnafly Regls Bred"r5eptember 18,1995' m the,'Registry"l�rstrrct of Barnstable County"; ` THIS IS TO GiKftTIFY chat E4L N W.Ft>rYfVOLC)S, of RettVer, Golorodo,ANDREA 1N GAt1VREAIJ; of Falmouth Ntdme, ROBIN W';CRAME 7 of Forrt Calfrr s, Galorado,as'tenant in common, with a rYra(Irrgaddress of P:O BoxrSS,.CenterrrCtle; Massach"usetts I?2632 , the oivner(5) rrt fee sIMR,e, of thdtiwlnd sftu�#ed.in:BARtVSTABI,E �, .. in the county ofi Barristab#e and the Cor2rmonwealth of M LL assachusetts,described as s; ; follows: 1 I 17LAN:.4.1 ti 30=A Sat+! land iis sub}ect to proCective covenants, rest!ictians;:rights'' towry raF�aR�isrRei!; end reseruatipns made:by Silvia&Silira Associates; ncorp.Orated,.n"ated"Au`gust 2b',. `tlhi�vv 3n �GF`,i , ACS j: ,9Ii2 duly recorder! in:Book 3;a:46 pays33:.. Said land;is sub ect to tile:terms set forft in the;Csrder o€< 3 . Cot?dltions Issued by the Town;of Barnstable Conservation Commission, dated August 1>. 16, 1982 dui recorded in,Book 35.5£i,'Page j32, as affected is a Ceititrcate of Y y Campli; nGe, dated May 27,,1: 83 duly;recorded"In Book 1761 Pag.e.315 I' `' SaiJ land is subject to reservatiaris set forth Fn a deed green by,' $rlyra.r :Silvia:Associates, Incorporated to F(pyd 3 Silvia et air Trustees, dated:: June4:1984 duty recorded In Boak 4i41 Page,67 Said land rs subject to utility easements set fortki<ui'a,grantt ilzade t%y Srivla &SFIwa:Assoc(ates,Incorpoaed to Comonweaith:Electric C m ompany an, New Enc Card Telephane Er::TOe ra h Cori an , crated October 4 1984.drily recorded ifs Baok:4�76 Pfige Q31,: , Said land is sutrjeer to the.terns s,et farth�in �n O'rder of GondrCtoits Issuedy the Barnstable Consenratlon Commissio:�, dated:Feoruary.1`9 1 $7 duly recorded,h olc 104 Page 75, as affecte i by a..Certificate of C,ornpNance,dated November 2597 duly re corded:in�Bpol%fi104:Page 79,. Saic1 land is sub}@ct to the'termst fart`t :rn.arr;,Order of Corsdit►ons issued by tjle Barnstable Conservation Carrrrntsslpn, date'cl:Noy+errber S, duty recorded+n Boak 551$ Fege 175, as amended by an !hsE:'rument dated Apr,l 17 1g90.duly recorded in $qol< 71'62 Page'2i�,and as-affected by two Ei tensiorr Permits,. ! one doled I�1ay 8, 199p duly recorded''n [�oo'k.:7162 Faye 217, and o:ne;datecJ June.!ly 9.9Q,duly recorded in'BoQk 7200 Rage 254; Said (and is sublecf to the te"m Set forth rn an Order or' Canditl4ns issued by the Garnmonweaith pf Massachusetts, nepartnient of s rtvirr�#ini; ntaf ..,. _. h tps/!search barnsrabledeeids dr9/AUSIWW400R>1 TM?WSIQTP LC...TLN=0031a&W9DOCN 0658"76881Y9bSE(3 0001&WSKYCD4F&W9iMID,'rlcpbCrf t :4 ............. . land CbUO'.Cernficaie rSear'ch`Results': Quality Engineenng d' (y recorded oii-October. 6 19$7 m Baalt 59f 3 Page.r9, as affected by three instrumenis one an'..Exte6sion Per mIt duly recarde:d on October 13 19g7 in Book 5971 Page 2piF one a Parteal.Cert(ficate of�orjpliarice ,dated-Ntay,24,:. s, t968 d�,ly recorded an BaakzS`338 Pagi 13Q;-and one;;a Gerti$cate of"Garr}pllance; d4We , ecember 6;19$8.duly,recordeei# m B.o.ok 650 Page 272:: So'much of said 1�and as is included within the limits af'.the apptoxtmately'showri on said'plan,Is,subject-to the rights of all pet sans lawfully ehtAtied theretp in ariclaver thiP saint;as affected by-a release deetl,given t:y Sdvia:&SiiviaXlssociates, In!orpoieted to Davitl P Woods et ux, dated June 10 x 19' 6,d iI. recorded in'Book 5867 Rage 25,9..' Said (and f5 subleet to protecttve:covenarts as set Earth in an instrument dated Octobet 29; i984,duly recorded �n Ragk 4.2.99 Page 311; Salta (and is sub7eet to a covenant and agreement between bilvia.& S�Ivia Associates, Incorporated and th;o Bsarnstable Plonning Board, dated.September' 17, 1'.9$5 duly Keco+ded°in Bovk 5535Page 18, as affected by,a certificate of performance dated.October 5;;,19$7 duly re"corded in;'Babk:5971 Rage 200' . So-rnucit of said land as is'included w1thir2 the lim.fts of Beech - Leaf Island ita�id t$sudiect tci Ehe rights of all persans lawfully entitled thereto to anct over tKp same 'and there rs a ` purten;§nt to said land the right:to use 8eectt leaf Isjantl Road as shown unsaid lilan'and' slo as spawn an Land Gouit Plan tUo 41594A tg artd from said,land and bay Lane;'_in,common w.tth ale-atler•persoris. lawfully entttled thereto for all<purpases Fr-which streets ar.ways are comrn.orafy �,;::, usQd.;(ri said 6arnsta.ble. Sa:tl (and(s subject P to grants and reserua`ttons set forth in two: f deeds given Isy Silva v►a Associates, Incorporate:$, one to . orhberry; +aced October'Z9, 1984 duly;recorded','in,Bodk 43O5 Page 273, and<o`ne to Beech.leaf sland; inc dated October 29; 1984'duiy recorded in;Book 4305 Page 276': 1 * y r. And (f:�s further certtf(ed thatsaid land (s under the;opera#ion anti provtsio ;t Z of Chapter 1$5 of the.General:Laws, and that:th title of sald.owner(s).to said land is:regi5tered under said C'h aptenisu jectl,,however,to any of tiie encunbran:Ces:: inent(anerl gi}Section forty stx of said:Chapter, Al h,.may be:subsisting: .. tl111TNESS R+?B'IRT V CAUCH4IN, Ght±f Justrce of the Land Court at-Barn'stabie, in said Gourttyyo„f Barnstable,:' the fifteenth tlay Of FebruarK in theryear nineteen h:tiindredand nlnety,siX' at 2,o'clock;and 10-:minutes hest;:with thew5eal of�sa�d,Court;, . . )OHN F'..;(�4EADE;_Assista:nt,Recorder. _. t.antl Court Gale Nv 4I63Q` <PreViokrs �j Show Print Cart Prtnt-Last Y ingu- -� l: s " i hops//search barns',bl edsprg/ALI5,jW_,400R'HTMIWSIQTP�(G .TLN 0031+&WgDQCN'-0658768&W9D5EQ OOOI'&WSKYCD !&WaIMiD LcbbCtf"., _ ('age:2 of". _. _. .. w ' a. �ok 1.7 JL IAGC O�� 3 s smill nt>fsoxm , of Defray Bea:.s,4a1a Eeseh':Cdynty 8lv_zdctt lxitsrstaratakne r Oft:mt .tar thOW 40&140a d,6.1f;BixCy'I souseittl:{ 60,:040�00);. t511ar8. �ai�1 { grAatta, l7l1 P; WOOD9atsd 2tAIOhIE �f00bSy husband aftd,°v*1feaa { ` tesssnts:by the iasst3raLy, both ' ©erapdosi hoed, 8i`areda}i%, 1deSCch®star_;Coun6ya:.Nax 1'or}t> _ f xultbqul�lm�msmettlstif6balsurFa� 8axaistab3e, :Center;VY13e :;239Tn8table County, }r : A►esac tusett A togMar Wi$�5;.the bui�d2zsgs theraob bounded azsct. demcrib"d ats c3lcwa:- ;gfOR2'FDili7Y �y laud YiOW Or formerly a�<9umnar Ct oaby et ex, ;two w lxur�dr thirty oneeQ end Oo4004 .o0) feeta byar3Qus cotiraes a tote� ete oP Yx�se hvndirad htxty six<and 73 ee L, ds shown rots 7,epd Court P�.ena`tutabered'17g 0-4 anQ .��'g51.�F: 80UTft 9'' itLl' .Fiy vax3aula oauraesf at betel distance Of tree hu>iirsd 3 Yor>y one end 05/a00 1 0 ) feet, as ehaau;ais land Cogrt'I'lart Hc; 36 �'-A, NQRl�iWl393'�RL7t by ?Rnd now or formsrSy o$�Sohn W Cunn met 41 a detanc a_:oY' west eeveTs and`'."6 0) ;: tr k�88 N y a cedar ss�ectg b be ei aP the upland, one hundr• seventy seven ( 7 i70j Peet, mor,® o:- 1eea; CiFftHWBSY i5y a ri'd go barderi3sg ors ea38 cedar 'eWemp .ttret�ty "one 00) P89t. 8e a7l o? aslas:nesauremas>tis mere or 2eau cir;however o se i►oON, esckibed z• the gra�stP. prpI=es ale hereby Co»te�r d auti act to ed ivitb tlse,behQStt oP rights oP wsy; ea6ements anil restrlct�ons of a retard #rx as !ar as the game are tsow::it� force and applicabxe and ao;asu ar: tYse ed xelaes as to #naludad within the to oP the way..ove sett! retd�4es, 20:Paet s: da, is sub�act to rigT� oP till aexaoris 3awt41,l eh itled thereto In dna over,th9W dame. Y or title, eea deed:to me tiom Fardbaps B : Ki�abal1 my dated J WY 22, 1964 recorded with gartsePDX* Deeda in:Book 1262, Page �i�8., 1 j ^kan�f�rFiARh ten. E FyF L .. .;: i v i_ ' o J J F. # � .. Exaniit�d q rammed tmltuniea6'f ..��? "i e 1p :: i:4 .. .. -77 i/ttI10 �J naUY�ppcd;`kha Lnse�e�mtl+tj S .. f WOar MN. - 01 .. ZONtnfG BCia tp Of f�r� E' r: r ; _._ . ... .. -: _ _. -t�, . . , .. __ .�------ . I. .. .. .. �,.,.'.1,I j,'r ."�' '$ S� Q9 . �il P�i4 i OA1LYtp r r.:.` Dsv�d P8t g 0 , Sl?9 Jarivarg► 264,2J9G . 4A �A,li8t8,,,S jp '8�tT18t�b18 .Su 1{t�sn . 4. Ptu,8 yyr " ,.. ,., ed► YH.© lt4pp11 B44 ! ,; w t (9.sa7Q�kApdaetii , e *'. .. Mo>6m� 4 S+h— "4.a .e " raw € xw 2 a A .ri 9 : 919 ,,i w Yxsrk Nest' a w: race sE[.cnv r 1DY Cit�st� iflBuanIIB X 1b��� ,. OLYth, ­Ir�Ij ..,�.a 7'Ir 1$ k �$BYtl i t� ? g Q F 1 �9C FJ fir?I aatsr it6 seTrr gr, dexiek 31ao�s, y n, ayt.. s F �o t. 1 yI I .. ink A°" �' 2i2`�orie Y0 4Wa0,d$ �k 5 eRFSX t , farmer ° 1. w �rart ' � ,. 1.fitudleq >saz4 $ ~Ak ,� I>uxbu Camr�to�c" D,rxburiaeaacheerts �► .2 a 994 i {nib,; r.! � c. lbti Wee Main i t t tr n€' 8t��, ti $ti - o K" 1. , We*-ON-T I w�a.p r,oglr trtwt yM ar.r, � � ► !9!.ecarae+i:. k e` raasr w . .t1 ' .a 'rr {` es� py 9 • '� �4�PAfAOPM,►�}iFoiY1N t �E. ea�JR44t k , fit+ so >' _Y[DYlAN.,a MGS 'fl; :� .jt.+ f14 �.;:: /y fe1.y�yyy ,. g hi �Jt�ii,RA1i0i2t @ VNsRr .. ... ., .. : .. . i , veilaw t N*rT�4R Mit :. c ,84Ai py p� Y j rn 7UIt f oiift 'i 1 Y :.: .. .c It';. a .' yr 11iE `�A a �{ J�, G N /��rr i +1. gNtl iAgfipfJr ll+W< jf -I,'I� � r.r :.�....v.....:.....�..I.:I......I......II:r..,.,..;.��.,..�.'.".jr:I�.:.I....:..I i.1 I:i i*,:.:��:;I.I'�I rI—'ri("...r�...r.'.IIr.....�..I.Jr�",-'...6-..-�I-:.,"..::..:'....�:I 7."�......:..�..I.I.:�.I.::'—I.,..I,...,,..:.1 j.:N,7..I�r�I.'.��;..:.I.s.,1—;—..t:..:,...I'i,..�.Ai:":::II,.r-,...;,..,,��-lw.:.,lr4,-, tC6ClPeKORiLY rr ;;..'I'.-�r,1.-.:..,...:,1,-I:.,F,-1 e1%1,1-R m,1.1:...,i!"i��.�--I1..1..1rr.�:--r::;;L�I�!I.�',.�—r.I:I:�'...,1: .. i;4! 7• 1 j��y ` - r x ((/� ... -.. g .} „ Jr .- t fi .<. ., r.,, :.... rc� R�V 'Ai =iT1�` #„, ..,.*. ,,.K E .. .:...... .:r.. ZgNINGOARb OAppfAL$ ... rI "j ... . . .. . .. . .. ..: . . ; .,.: . . .. _. .. . a , SACIMM"f5 81ATE'EXCI& TAX Ha Y UF Y. 'p 3LE AFsa& D �A S1r, LE (CO iT RM 5T iSE TA a4' 64��4- ►�i4 CEila vr� OF Q QUIT A M DE ,I} attT.'b4s. a atac s 423 RS r1i3.95. Fi Y,Ijone Lcsods,betr►g gnrnarried and sunvxttg tenant by;fie eniraty,af:237 North Ivfain Street,Saud"Yarmouth, assachu 0 025Sh, for-constdratlpn ofThreeTdnndrud Tit�rty e�gh#T housed pave:T�undred sud:0f 100 ($33 ,SOO:dtl}D�Ilars paid,grant to It4atthew CrUlm,s,Trustee aftlte SFRF Gape Realty Trtt`§t under.decclaxattatt of trust dated Apz 201�,and recorded k�erev�ltl�,o I OFEd ponds Road,�Ne11es11: MassachusettsV 4S { wxtti(�uttclaxrn Covenants 1p� theattd,toger with ttte;budtnngs thereon,szttted $an7staley(Cerviife},E�uxastabte County„Mssachusetts;u4ge pazoularl bowed aid tescribd as foIt�vtrs NORTHERLY by Iac now oar farmrty of ed Si�rrur Crosby <,:et aI,t +o hundr thlrt ane=and 00(IOR. _. EASTERLY by vaz ous cottirses,a`t"atal di nce f Me h�dred`xh�riy,siat�d ?3I1;00t53ti 73}"feet,, >. StJUTF dES'fEI LY by Yanoas 'Ou" S:t total dx"stance of three)Zuru tea"and forty one and r gS/100(��I 05);feet, PTO tt` T RLY y land z�aw bi fozrnerly of ohn'i4� Curtnwghaxn et al,a distance of twetty seve0 arad 96/1002TO5)feet; WESTEI �iY by a cedar s�uaxnp by the edge of the upland,°one hundred seventy seven and`tf0l100�177 00}feet,node or`less,and SQ T WEST RE, ` b* a rc8ga.bP.44 tgon said cedar swamp,twenty:one and tlEl/10.. A E all of sand ztteeasvxernents more or lesstoweyer othervcnsa ba�n3�d and tiescttzed U F SA'^AQVL7J 0 t r , ... }° ... .. .. g ... . The granted grerrtises are ereby'coaveyed siMoo to and nth tlxe benefit of rights o easementsd restrcons of record,m sa: a�r as ttie same aro nr +u�force and agphcatile, a so r�nueh of the greeted grflzndses as.sin c�uded�tntla ImEta of the may:aver said, :. preset Ifl feet wide,z s ect,to fits of sll:: ersa�res J p wfu enttUed t6erata in aril over the (,: .. .... .. .. ... .. .. i ' tie property acldr ss�s 52fl ouch Nla n Street,Centery lq M 1 ¢2632 ... For,tile,see deed:ieearded v�nth the$ainstable Caonty Regzsfiry of Zeeds an Soak 15,' 9, Page 5 x I,IY.vf arie I. moods,hereby releasg th gram ee{s)herein all'nghts i f hocaestead and a; offer rfif I haws m sattl.:tae lieren,gamed gebz�ses;; AT �WI'rN.-S-;rn hand andk e tl thts ►> dof arc. . ,'Zfll €:: , y Marie�. Waads: , t k ... - Q this {e' day of ne the w..Otp gr. ed Watery puic,parially appeared 1Iari}oe Lea , ,rt�ved°to me tlmui sat�stkctary evtdence of ide f'Icapott,which Was,, �Css,-• f to be t}e4person K ase name is szgned p g tr#e that.she signed rt s%lttntattl}% and for its stated .n oss.: , an.tpe recedin or attaale document,and acknowied eci to g 'tIELEP N3iCNAq.'fI0I3QRAli � luc�`t�ry Ptsb�C 0dp11iloawe81iIt 8i It S�GlIiiSC�1S y Cgmmissinri E pins l�C+i{tA l!�2,2�1$ Phih el Boudreau,bToiniy ,04c MyCoinm sstan E pyres.3auuary 12,2018 r, a { t r ZO M:lrFFr���{{ r�'! DE .. , ✓ x. .: .: ..: ... • Law Office o JEFFERY JOHNSON, ESQUIRE P.O;.-Box 960 67 School Street - Hyannis;-:MA 02601 Jeff()iefferyiohnsonesa.com (508)790-5.776 Telephone (508)775-7526 Facsimile April 25, 2017 Paul Roma, Building Commissioner Town of Barnstable Building Inspection Services In hand delivery Re: Buildability of an"Undersized Lot' Locus: Street address: 149 Beech Leaf Island Road, Centerville, MA The Tax Assessor shows it as Map 187 Parcel 63-5 • Presently shown as Lot 7 on LC Plan 41630-A Formerly known as Lot 32 on a plan entitled"."Beech Leaf Landing" Phase Il Land Court Plan of Land in Barnstable (06nterville) Mass. Owned By'Silvia& Silvia Associates Incorporated Scale 1"=40', March 23, 1984" Baxter&Nye, Inc. Registered Land Surveyors, Osterville, MA" said plan was approved on June 8, 1984 Owner of Record: Ellen W. Reynolds, Andrea W. Gauvreau and Robin W. Cramer Current Zoning District: RD-1 Dear Commissioner Roma, Please accept this as my written opinion, that for zoning purposes, the above referenced lot is a so-called "pre-existing nonconforming" 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 attached as exhibits to this letter. Melvina Crosby Herberger deeded 69.12 acres to Silvia& Silvia Associates, Inc. in 1982 as per the attached history of locus. Page 2, Roma Our locus was once known as lot 32 on a 1984 subdivision plan. Later, after a p , a successful Land Court registration, locus became known as Lot 7 on Land Court Plan 41630-A. The lot's description and dimensions have not changed since the subdivision plan of 1984. The lot in question has 28.69 feet of frontage and an area of 28,491 square feet, more or less. The pertinent history of the zoning in this section of the Town as it relates to this lot is as follows: On March 1, 1985 this area of the Town went to "one acre" zoning by Article 1 of the Town warrant. When the area changed to two acres on November 16, 2000, no other dimensional requirements changed. The title history for this lot and the abutters demonstrates that it has never "merged" with any adjoining parcel since the abutting lots were deeded into separate ownership in November of 1984. The lot is separated from the other property owned by the Wood family by a"way" and the cedar swamp parcel (green). Building permits issued on 153 Beech Leaf Island Road in July of 1993 and on 147 Beech Leaf Island Road in April of.1995. As can be seen by the permits a determination was made that those lots were "grandfathered". Although not an abutting parcel, a permit was issued for 155 Beech Leaf Island Road in May of 1995. Based on the foregoing, it is my opinion that under the single lot protections afforded by the Town of Barnstable Zoning Ordinance (§ 240-91 A attached) and M.G. L. c. 40A, section 6 (copy attached), the Lot remains "buildable" from a zoning standpoint. The Lot was not held in common ownership with any adjoining lot at the time of the zoning changes, nor has it been held with any other land at any subsequent time. At the time of the first zoning change, which.made the lot "non-conforming" it had conformed to the then existing zoning when legally created and has been separately owned at the time of every zoning change since, including the change that made it"non- conforming". It is therefore my opinion that the Lot may be built upon for residential purposes under the current zoning ordinance and/or under M.G.L. c. 40A, section 6. Very truly yours, Jeff I 1 Purchase and Sales Agreement This day of A ust 2016 1 PARTIES AND MAILING Ellen W.Reynolds,Andrea W.Gauvreau and Robin W.Cramer,c/o Philip Michael Boudreau,Esq.,396 ADDRESSES North Street,Hyannis,MA 02601,hereinafter called the SELLER,agrees to SELL and John E.Ciluzzi and Gretchun H.Ciluzzi,of PO Box 731,Centerville,MA 02632,hereinafter called the BUYER or PURCHASER,agrees to BUY,upon the terms hereinafter set forth,the 2.DESCRIPTION following described premises: The land located at 149 Beech Leaf Island Road, Centerville, MA. Said property is more particularly described at the Barnstable County Registry of Deeds as Map 187 Parcel 163/ 005 3 BUILDINGS. Included in the sale as a part of said premises are the buildings,structures,and Improvements now STRUCTURES. thereon,and the fixtures belonging to the SELLER and used in connection therewith including,If any,all IMPROVEMENTS, wall-to-wall carpeting,drapery rods.automatic garage door openers,venetian blinds,window shades, FIXTURES screens,screen doors,storm windows and doors.awnings,shutters,furnaces,heaters,heating equipment, stoves.ranges,oil and gas burners and fixtures appurtenant thereto,hot water heaters,plumbing and bathroom fixtures,garbage disposers,electric and other lighting fixtures,mantels,outside television antennas,fences.gates,trees,shrubs,plants,and.On day of Offer,refrigerators.air conditioning equipment,ventilators,dishwashers.washing machines and dryers if present. 4 TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, or to the (fill in) nominee designated by the BUYER by written notice to the SELLER at least seven days before the deed is Include here by specific to be delivered as herein provided.and said deed shall convey a good and clear record and marketable title reference any restric- thereto,free from encumbrances,except tions,easements,rights (a) Provisions of existing building and zoning laws; and obligations in party (b) Existing rights and obligations in party walls which are not the subject of written agreement; walls not Included in(b), (c) Such taxes for the then current year as are not due and payable on the date of the delivery of such leases,municipal and such deed; other liens,other encum- (d) Any liens for municipal betterments assessed after the date of this agreement; brances,and make pro- (e) Easements,restrictions and reservations of record,if any,so long as the same do not prohibit vision to protect SELLER or materially interfere with the current use of said premises; againstBUYER's (fj none breach of SELLER's covenants in leases, where necessary. 5.PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the deed In form adequate for recording or registration. 6.REGISTERED In addition to the foregoing,if the title to said premises is registered.said deed shall be in form sufficient TITLE to entitle the BUYER to a Certificate of Title of said premises,and the SELLER shall deliver with said deed all instruments,if any,necessary to enable the BUYER to obtain such Certificate of Title. 7.PURCHASE PRICE The agreed purchase price for said premises is Eighty Five Thousand (fill in);space is ($85,000)dollars,of which allowed to write out the amounts $ 1,000 have been paid as a deposit this day and If desired $ 84,000 are to be paid at the time of delivery of the deed in cash,or by certified, cashier's,treasurer's or bank check(s) $85,000 TOTAL 8.TIME FOR Such deed is to be delivered on or before 30 days from the granting of all Performance permits and approvals from The Town of Barnstable including but not limited Health,Conservation and Building Departments,for contemplated dwelling and property design and satisfactory access to the property,at the Barnstable Registry of Deeds,unless some other time and place are mutually agreed upon. I i 9.POSSESSION AND Full possession of said premises,except as herein provided,is to be CONDITION OF delivered at the time of the delivery of the deed,said premises to be then(a)in the same condition as PREMISE. they now are,reasonable use and wear thereof excepted,and(b)not in violation of said building and (attach a list of zoning laws,and(c)in compliance with provisions of any instrument referred to in clause 4 hereof.The exceptions,if any) BUYER shall be entitled personally to inspect said premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause. 10.EXTENSION TO If the SELLER shall be unable to give title or to make conveyance,or to deliver possession of the premises PERFECT TITLE all as herein stipulated,or if at the time of the delivery of the deed the premises do not conform with the OR MAKE provisions hereof,then the SELLER shall use reasonable efforts to remove any defects in title,or to (Change period of deliver possession as provided herein,or to make the said premises conform to the provisions hereof,as time if desired)- the case may be,in which event the SELLER shall give written notice thereof to the BUYER at or before the time for performance hereunder,and thereupon the time for performance hereof shall be extended for a period of thirty 30 days;provided,however,that the SELLER shall not be required to expend more than $2,000 in this regard. 11.FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, PERFECT TITLE deliver possession,or make the premises conform,as the case may be,all as herein agreed,or if at any OR MAKE time during the period of this agreement or any extension thereof,the holder of a mortgage on said pre- PREMISES mises shall refuse to permit the insurance proceeds,if any,to be used for such purposes,then any pay- CONFORM.etc. ments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. 12.BUYER's The BUYER shall have the election,at either the original or any extended time for performance,to accept ELECTION TO such title as the SELLER can deliver to the said premises in their then condition and to pay therefore the ACCEPT TITLE purchase price without deduction.In which case the SELLER shall convey such title,except that in the event of such conveyance in accord with the provisions of this clause,if the said premises shall have been damaged by fire or casualty insured against,then the SELLER shall,unless the SELLER has previously restored the premises to their former condition,either (a) pay over or assign to the BUYER,on delivery of the deed,all amounts recovered or recoverable on account of such insurance,less any amounts reasonably expended by the SELLER for any partial restoration;or (b)if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to restore the said premises to their former condition or to be so paid over or assigned,give to the BUYER a credit against the purchase price,on delivery of the deed,equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SELLER for any partial restoration.And this shall be Buyer's Sole remedy at law and in equity. 13.ACCEPTANCE The acceptance of a deed by the BUYER,or his nominee as the case may be,shall be deemed to be a full OF DEED performance and discharge of every agreement and obligation herein contained or expressed,except such as are,by the terms hereof,to be performed after the delivery of said deed. 14.USE OF To enable the SELLER to make conveyance as herein provided,the SELLER may,at the time of delivery MONEY TO of the deed,use the purchase money or any portion thereof to clear the title of any or all encumbrances or CLEAR TITLE interests,provided that all instruments so procured are recorded simultaneously with the delivery of said . deed,or,with respect to institutional mortgages,within a reasonable time thereafter in accordance with local conveyancing practices. 15.INSURANCE Until the delivery of the deed,the SELLER shall maintain Insurance on said premises as follows; *Insert amount Type of Insurance Amount of Coverage (list additional types of insurance (a)Fire and Extended Coverage *$Not Applicable,vacant land end amounts as (b) agreed) 16.ADJUSTMENTS Real estate taxes for the then current fiscal year shall be apportioned,as of the day of performance of (list operating ex- this agreement and the net amount thereof shall be added to or deducted from,as the case may be, penses,if any,or the purchase price payable by the BUYER at the time of delivery of the deed. attach schedule) I 17.ADJUSTMENT If the amount of said taxes is not known at the time of the delivery of the deed,they shall be apportioned OF UNASSESSED on the basis of the taxes assessed for the preceding fiscal year,with a reapportionment as soon as the AND new tax rate and valuation can be ascertained;and,if the taxes which are to be apportioned shall there- ABATED TAXES after be reduced by abatement,the amount of such abatement,less the reasonable cost of obtaining the same,shall be apportioned between the parties,provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 18.BROKERAGE SELLER and BUYER acknowledge that a fee of $4,250.00 for professional services shall be paid to Robert Paul Properties,at the time for performance and only if,as an when title passes and the purchase price is paid to the SELLER,whereupon Robert Paul Properties shall pay Premier Commercial one-half of said amount. 19.BROKERS The Broker(s)named herein,Robert Paul Properties and Premier Commercial warrant that they are duly licensed as such in the Commonwealth of Massachusetts. 20.DEPOSIT All deposits made hereunder shall be held in escrow by Robert Paul Real Estate of Osterville,MA as escrow agent,in a non-interest bearing account,subject to the terms of this agreement and shall be duly accounted for at the time for performance of this agreement.In the event of any disagreement between the parties,the escrow agent may retain all deposits made under this agreement pending instructions mutually given by the SELLER and the BUYER. 21.BUYER's If the BUYER shall fail to fulfill the BUYER's agreements herein,all deposits made hereunder by the DEFAULT; BUYER shall be retained by the SELLER as liquidated damages and this shall be the SELLER's sole DAMAGES remedy at law or in equity for BUYER's default. The parties agree that in the event of default by the BUYER it will be difficult to ascertain with certainty the amount of damages suffered by the SELLER. The amount of the deposit represents a reasonable estimate of the damages expected to be suffered by the SELLER as a result of the BUYER's default. 22.BROKER AS The Broker(s)named herein join(s)in this agreement and become(s)a party hereto,insofar as any provi- PARTY sions of this agreement expressly apply to the Broker(s),and to any amendments or modifications of such provisions to which the Broker(s)agree(s)in writing. 23.LIABILITY OF If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity,only the TRUSTEE, principal or the estate represented shall be bound,and neither the SELLER or BUYER so executing,nor SHAREHOLDER, any shareholder or beneficiary of any trust,shall be personally liable for any obligation,express or BENEFICIARY,etc. implied,hereunder. 24.WARRANTIES AND The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has REPRESENTATIONS he relied upon any warranties or representations not set forth or incorporated in this agreement or pre- (fill in);if none, viously made in writing,except for the following additional warranties and representations,if any,made state"none"; by either the SELLER or the Broker(s): See Rider attached hereto. 25.MORTGAGE NA CONTINGENCY 26.CONSTRUCTION This instrument,executed in multiple counterparts,is to be construed as a Massachusetts contract,is to OF AGREEMENT take effect as a sealed instrument,sets forth the entire contract between the parties,is binding upon and enures to the benefit of the parties hereto and their respective heirs,devisee,executors,administrators, successors and assigns,and may be canceled,modified or amended only by a written instrument executed by both the SELLER and the BUYER.If two or more persons are named herein as BUYER their obligations hereunder shall be joint and several.The captions and marginal notes are used only as a _matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it. 27.LEAD PAINT NA LAW 28.SMOKE NA DETECTORS 29.ADDITIONAL° The initialed riders,.if any,attached hereto,are incorporated herein by reference. PROVISIONS FOR RESIDENTIAL PROPERTY CONSTRUCTED PRIOR TO 1978,BUYER MUST ALSO HAVE SIGNED LEAD PAINT"PROPERTY TRANSFER NOTIFICATION CERTIFICATION" The memorandum executed by the parties hereto,entitled"Offer to Purchase Real Estate" Is hereby superceded and shall have no further force or effect. NOTICE:This is a legal document that creates binding obligations.If not understood,consult an attorney. By: ��Z e�w�• Rfi�,���5 �.8-ass.. � ®� I SELLER Ellen W.Reynolds SELLER Andrea W.Gauvreau SELLER Robin W.Cramer B o n E.Cilu m retc un H.Ciluzzi Or Her Nominee Robert Paul Properties Broker(s) Premier Commercial Broker(s) RIDER TO PURCHASE AND SALE AGREEMENT SELLER:Ellen W.Reynolds,Andrea W.Gauvreau and Robin W.Cramer BUYER:John E.Ciluzzi and Gretchun H.Ciluzzi,Or Their Nominee Company or Trust PROPERTY: 149 Beech Leaf Island Road,Centerville,Massachusetts 02632 (the"Property") 30.Buver's Permitting.Subject to Buyer obtaining a variance,conservation approval and building permit consistent with contemplated three bedroom home and property design,all permits at Buyers expense.Buyer shall have 180 days from the date of the Purchase and Sale Agreement to obtain such permits at Buyer's expense. Should Buyer be utilizing reasonable efforts to obtain said permits at the expiration of the 180 days or any extension,then Buyer shall have up to two thirty day extensions to obtain the necessary permits. Buyer shall purchase the premises within 30 days after obtaining the necessary permits,which date shall begin to run after the expiration of any relevant appeals period. If Buyer is unable to obtain said permits after the exercise of due diligence, this Agreement will be terminated and all deposits shall be returned to the Buyer. 31. Notices.All notices permitted or required to be given hereunder shall be in writing and delivered by Federal Express or similar overnight carrier,by daytime courier or mailed,by certified mail,return receipt requested,with all fees prepaid,to their respective addresses set forth in Section 1 of this Agreement with a copy,in the case of notices to Seller hereunder,to Jeff Johnson,Esq. 1550 Falmouth Road,Centerville,MA 02601,and in case of notices to Buyer hereunder,to Philip Michael Boudreau,Esq,Boudreau and Boudreau,LLP,396 North Street,Hyannis,MA 02601,and shall be deemed delivered on the date received in the return receipt or on the date delivered by courier or overnight carrier.The date of rejection or other refusal to accept or the inability to deliver because of changed address of which no notice is given shall be deemed to be the date of receipt of the notice,demand or request sent.Buyer and Seller may change the address to which any notice is to be sent by giving no less than ten(10)days notice to the other party of such new address in the manner specified above. 32. Broker. Seller and Buyer each represents to the other that they have not dealt with any broker or finder in connection with the purchase of the Property as provided in this Agreement or in connection with this Agreement other than Robert Paul Real Estate and Premier Commercial. Seller and Buyer each agree to indemnify and hold the other harmless from and against any and all loss,cost, damage or expense,including reasonable attorney's fees,incurred by Seller or Buyer,as applicable,as a result of the other having dealt with any broker or finder in connection with the Purchase of the Property or in connection with this Agreement.The provisions of this Paragraph 32 shall survive the Closing. 33.No Notice of Violations.Seller warrants and represents to the best of its knowledge to Buyer that as of the date hereof Seller has no knowledge of,and received no written notice from any local or state authority of,any violation of the Premises of any environmental law(including M.G.L.c.21#)or of zoning or building laws or of the Massachusetts State Sanitary Code,which remain uncured as of the date hereof 34.Seller's Warranties and Representations.Seller warrants and represents to the best of its knowledge to Buyer that: (a) there are no outstanding actions,suits or claims currently pending or threatened by or against Seller or the Premises that would affect the ownership,use or enjoyment of the Premises being conveyed; (b) Seller is the record owner of the Premises; (c) there is no pending bankruptcy by Seller; (d) there are no pending mortgage foreclosure proceedings against Seller with regard to the Premises; (e) there are no other proceedings,anticipated or in progress,that would in any material way impact adversely on Seller's ability to perform on the date hereinbefore set forth;and (f) Seller has no knowledge of any underground storage tank on the Premises. 35.Title.It is understood and agreed by the parties that the Premises shall be in conformity with title provisions of this Agreement only if: (a) all buildings,structures and improvements,including,but not limited to,any driveways,garages,septic systems and cesspools,and all means of access to the Premises shall be located completely within the boundary lines of said Premises and shall not encroach upon or under the property of any other person or entities except pursuant to duly recorded easements; (b) no building,structure or improvement of any kind belonging to any other person or entity shall encroach upon or under said Premises; (c) the Premises shall abut a public way or a private way to which Buyer shall have both pedestrian and vehicular access,and if a private way,that such private way in turn has satisfactory access to a public way,which public way is duly laid out or accepted as such by the city or town in which said Premises are located; (d) the Premises are equipped with all required utilities,including,without limitation, electricity,private or municipal water;and (e) Buyer's performance hereunder is conditioned upon title to the Premises being insurable on a standard ALTA Form B insurance policy by companies licensed to conduct business in the Commonwealth of Massachusetts,subject to the standard preprinted exceptions and exclusions and matters permitted pursuant to Paragraph 4 hereof. 36. Title Insurance.Buyer's obligations hereunder are subject to and are expressly conditioned upon a title insurance company acceptable to Buyer's mortgage lender issuing to the Buyer and to the Buyer's mortgage lender,upon deliver from Seller to Buyer of the deed contemplated by this Agreement and upon recordation of such deed,at normal title insurance premium rates,an owner's and lender's title insurance policy insuring fee title in the Buyer free from all exceptions other than the preprinted exceptions and -exclusions set forth in the policies and those matters set forth in Paragraph 4 of this Agreement. r 37.Tax Information.Seller warrants and represents to Buyer that Seller is not a"foreign person"as that term is defined in Section 1445 of the Internal Revenue Code and Seller's Taxpayer Identification Number is to be provided at closing.Seller agrees to deliver at that time of deliver of the deed hereunder a socalled"NonForeign Persons Affidavit"sufficient to qualify for exemption pursuant to Section 1445(b)(2)of said Code.Seller will execute and provide all additional information necessary for filing of Internal Revenue Service Form 1099 as required. SELLER BUYER , Ellen W.Reynolds i zzi C Andrea W.Gauvreau Gre Chun Ciluzzi Robin W.Cramer I r , OM April 6j 2017 OXTENSIQN AGREEMENT Re: Pr rche a ale Agreemen, 149°Beech leaf ls�ar d R� tl� C6nte u lte`rl*itiA tQ, ilu a We hereby g e`t ��04 6 e t Grace/dos►ng shall e e deb 8 days Agreement Ali a r t, a candi�lartisa hallxrema�n fhe y , Buyer, - Date ilu Duly Authoftec . _ eilec: - to Andrea � t Duly Authorized Sy 1 f 77 A� 7`} 3 V S IER c" : 1-, ' Nor—Ei 5/1/2017 7:35 :22 AM PAGE 2/002 Fax Server CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYYI TIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE O P OD C AND C R FICA E OLD IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the.policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require and endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s. PRODUCER CONTACT NAME: FRANK L. HORGAN INS AGCY PO BOX 250 PHONE FAX (A/C,No,Ext): (A/C,No): HYANNIS,MA 02601 E-MAIL 28XBF ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: ACE AMERICAN INSURANCE COMPANY G1SW INC INSURERS: INSURER C: PO BOX 731 INSURER D: CENTERVILLE,MA 02632 wsuRERE: - INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE IN 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. INSR ADD SUB POLICY EFF DATE POLICY EXP DATE LTR TYPE OF INSURANCE L R POLICY NUMBER (MM1DDlYYYY ) (MRDD%YYYY) LIMITS GENERAL LIABILITY ACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR. DAMAGE TO RENTED $ REMISES(Ea occurrence) MED EXP(Any one person) Is GEN'L AGGREGATE LIMIT APPLIES PER: ERSONAL&ADV INJURY Is POLICY E]PROJECT E]LOC GENERAL AGGREGATE Is PRODUCTS-COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE $ ALL OWNED AUTOS LIMIT(Ea accident) $ SCHEDULE AUTOS BODILY INJURY (Per person) HIRED AUTOS BODILY INJURY $ i NON-OWNED AUTOS Per accident) PROPERTY DAMAGE $ (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ Is $ A WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY WC STATUTORY OTHER YIN UB-6B123862-16 07/19/2016 07/19/2017 X i LIMITS ANY PROPERITOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? El N/A (Mandatory In NH) E.L.EACH ACCIDENT $ 500.000 Ryes,describe under E.L.DISEASE-EA EMPLOYEE $ 500,000 DESCRiPiiON OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/RESTRICTIONS/SPECIAL ITEMS THIS REPLACES ANY PRIOR CERTIFICATE ISSUED TO THE CERTIFICATE HOLDER AFFECTING WORKERS COMP COVERAGE. CERTIFICATE HOLDER CANCELLATION TOWN OF BARNSTABLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 200 MAIN ST BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL B DELI IN ACCORDANCE WITH THE POLICY PROV HYANNIS,MA 02601 AUTHORIZED REPRESENTATIVE Enr• .. ACORD 25(2010l05) The ACORO name and logo are registered marks of ACORD 1988-2010 ACORD CORP RATIONf�.�Al�l rlg'hts reserved. TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 7 Parcel Application,# Health Division Date Issued Conservation Division Application-Fee Planning Dept. Permit Fee L �• OD Date Definitive Plan Appr6ved by Planning Board Historic - OKH _ Preservation/ Hyannis Project Street Address _ /V2 o EFcf/ Village eek1_rJE_;Q 1.,.,G1 P Owner <7_017 of, �i•�t".:I Address `/y`/ ��4Y �,.f<.r ���•7���'<<� Telephone SM_- SG 33 Permit Request eQ4L-_ sP'yG ,4C.'Vc �s Square feet: 1 st floor: existing proposed/1/70 2nd floor: existing proposed Total new SA�.�r..aTlS�Q Zoning District D ` Flood Plain X Groundwater Overlay E's r&4 y Project ValuationA.0,060 Construction Type le"'oe6 o9qe-1�,&r0 //V G Lot Size . GS' A A e Grandfathered: i26es ❑ No If yes, attach sV porting doc'uumentation. Dwelling Type: Single Family Er Two Family ❑ Multi-Family(# units) 19017 Age of Existing Structure Historic House: ❑Yes ❑ No On Old King 9b-\.qay ❑Yes ❑ No Basement Type: E�ull ❑ Crawl ❑Walkout ❑Other ABLE Basement Finished Area(sq.ft.) Basement Unfinished Area (sq.ft) /-,Y?G Number of Baths: Full: existing new o2 Half: existing new / Number of Bedrooms: existing new Total Room Count (not including baths): existing new First Floor Room Count y Heat Type and Fuel: trGas ❑Oil ❑ Electric ❑ Other Central Air: % Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes E Mo Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing mew size —Shed-9 existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes eNo If yes, site plan review# Current Use may- car Proposed Use 4-,*" APPLICANT INFORMATION (BUILDER OMiOMEOWNERI/' Name <?`o hti i L-c�a.a_i Telephone Number ��`96� •�-�3 3 20/ Address/yG1 _,0qPGC17 6e-4r- .;Q2 4K) License# Home Improvement Contractor# Email CGw! Worker's Compensation # 4ia P' ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO SIGNATURE DATE ^� f ` 'J 1 a FOR OFFICIAL USE ONLY APPLICATION # a DATE ISSUED MAP/ PARCEL NO. 4' ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL - r PLUMBING: ROUGH FINAL ' 1 GAS: ROUGH FINAL FINAL BUILDING . r DATE CLOSED OUT ASSOCIATION PLAN NO. �t "= TOWN OF BARN�TABLE BUILDING PERMIT APPLICATION: _ Map 716_"63 Parcel 0UJ Application # I 'Health Division Date Issued Conservation Division ,' ' Application Fee _ Ll6� Planning Dept. i Permit Fee I � Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservatian/ Hyannis Project Street Address VillageZ 1ell Owner fah �� L a� �� Address 7y �,,r t��• .r F�v/� Telephone C' W ' -5-U 3 Permit Requester UF'�.r• ��!�� ��%�� �':�ja�- ,�� ��,.�i r�s d y Square feet: 1 st floor: existing proposed 20 2nd floor: existing proposed Total new Zoning District _6 ' Flood Plain X Groundwater Overlay E- s :&A f v Project Valuations�O/01!90 Construction Typelue9a16 Lot Size Grandfatnered: tomes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family 0" Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes/ ❑ No Basement Type: O Full ❑ Crawl 0 Walkout ❑ Other Basement Finished Area(sq.ft.) Basement Unfinished Area (sq.ft) y Number of Baths: Full: existing new _ o? i Half: existing 'new / Number of Bedrooms: existing new Total Room Count (not including baths): existing new First Floor Room Count y 1,� i ,Heat Type and Fuel: 'U GaS ❑ Oil ❑ Electric ❑ Other =., •- _ Central Air: `U Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes U'No 1 j � Detached garage: ❑ existing ❑ new size Pool: ❑ existing q/new� size _ Barn: ❑ existing ❑ new size_ --Aftached garage: ❑ existing tO new size _Shed existing ❑ new` size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes LdNo If yes, site plan review# Current Use e c, ' Proposed Lke rI z Pi I APPLICANT INFORMATION °(BUILDER OR H M OWNER -;-, _e =;;_•� _..s....� _ :.� f Name L� �' Telephone Number,, If Address/�'l e-4!` ?°-sz ,- -e) t License # dome Improvement Contractor# Worker's Compensation # G,A ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO- SIGNATURE DATE f FOR OFFICIAL USE ONLY APPLICATION # DATE ISSUED MAP/ PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION Ii FIREPLACE I� ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. • i Town of Barnstable Regulatory Services, Richard V.Scali,Director Building Division sw�vern=s. = Paul Roma,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 - Fax: 508-790-6230 HOME_OWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: `� number street _ village "HOMEOWNER":��;6f 1 name home phone# work phone# CURRENT MAILING ADDRESS: city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two- family dwelling,attached or detached structures.accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner'certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and re me and that he/she will comply with said procedures and requirements. o Hom Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a persons)for hire to do such work,that such Homeowner shall-act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q,Rules&Regulations for Licensing.Construction Supervisors,Section 2.M This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page this issue is a form currently used by several towns. You may care to amend and adopt sucl a form/certification for use in your.community. QAWPFlLES\FORMS\building permit formsUCPRESS.doc 0620/16 - Town of Barnstable Regulatory Services Richard V.Scab,Director - a 161� Building Division. Paul Roma,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-190-6230 ` Property Owner Must Complete and Sign This Section If Using A Builder L ,as Owner of the subject property hereby authorize to act on my behalf, in all.matters relative to work authorized by this building permit application for: (Address of Job) **Pool fences and alarm are the responsibility of the applicant Pools are not to be filled or utilized before fence is installed and all final inspections are performed and accepted. Signature-of Owner Signature of Applicant Print Name Print Name Date QYORNMOWNE"ERMISSIONPOOIS _ Affidavit of 5ubstantaf t-manclal mierest I, Emir) �: �� 1 ?� of ( � \t�_ , an oath depose and state as follows: 1 1 'am an applicant for a building permit for the properly located at Ma , Parcel The address.of the property is 1 2. 1 have /Q� % 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 ���-' t� , 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: Narne 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 tine following properties which have been the subject of a building-permit application: MaplParcel Address 5. Within this calendar year, i have submitted C' building permit applications-for property in which l have a 1% or greater-legal or equitable interest. . 6. Within the iast ten days, [ 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 D_building permit applications for property in which .1 have a 1%legal or equitable interest. S. 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 day of , 200 . 2001-0050/fin Q/LOTTERY/AFFIDAVIT T7ie Crrmmorrimalth of li assrfdjus ttr Deparaffwt afrrutastrial Accidods - Office of Invesilgadem r 600 Washutgtnrt Xtreet Bast a,AIA 02111 wnvi<umass govIdia w INTnrlmrs' Campensafion.Insurance Affidavit:Bnitden/ContradursMectri "ans hmihers AppHcantTmfw=fiqu Please Print Addrfl cityfsta Plano Are you an employer?Check..the appropriate ban ' 4. I mn a general coab metor and I Type of ew cont(ucti(m }: I_❑ I am a employ vlith ❑ g 6. e�eomsfi�cfiiota employ(fish an&or part-dimes* liave]sired.ffie sub-contractors 2.❑ I am a sole propdetor orgartner- listed onthe.attached sheet.. 7 ❑Remodeling ship and have no employees Miens sub-coatrac-tors ha a $..❑Demolition worming forme in any capacity. employees andhave wormers' 9. ❑Baiilding addition [NO WO&M ! Comp.insurance Comp-in¢nrarttY+l 5. ❑ We are a• gxnatiaa a-ad its 10❑Elechical repairs or addifions 3- ` E am bomeovmer datng aUwork officem have exercised their 1L❑Plumbingrepaiss aradditions. myself[No WOk�'0DMp- fight of exemption per MQ. 1�❑Roofrepairs incniance required-]1 c.M §1(4k and we have no employees.[No,wodcess' 13_❑Other cow.insurance required_) •Any W crest checlshax Pl mast also fllo�ili�secBoabeTow�sv►dag�eam�cea'c�p®sa5nupoycy ia�ncrosQo� t&amemnerswho submit this afiidn*indicatigg they aa=hioi�slFwa�sa�tbmhice ontsidec�**�� mast sabmitanemaffid t indicatiq;sacH rCa�ctoisf, rhea lid box=tst sttached=addifimal shad dumiagthan—of the sub-cantrzao-a.-I sf1ft VChe&et Cff wtfkse eadtkshs— emplUees.Ifthesnb-c��haceemploys they=stp—,idtS-u—wkea'camp.pahgynumbm lam an emplqw flat isprmI irrt;workers'camp m- saliart inwirancefor nzy empkyzes Serow is file policy and job site j information - Ins=mce Company Name: -Poficy,lt'or SW-ins.I.ic_ E�ps�atmIIDate: Job Re Address Cify/State T-W: Attach a copy of the wart ers'campensationpolicg-declaration Me-(showing the policy number and expiration date).:. Failure to secure coverage as requiredunder Section 25A o€MGL cd 15-7 can lead to the imposition of crimin I penalises of a fine up to$1,5aa oa aadfor one-year nmprisarrme4 as well as civil pem hies ist the farm of a STOP WORK ORDER and a fine of up to$250.0a a clap against the violator. Be adtised that a copy of this statement maybe forwarded to the Office of Ines igations of the DIA for insurance coverage L,Mdrm iM- I rfo kerAy certify tzuder andp8n ' ry Hiatt ze trus andlcvrred Siffiafizre: Date: 1 - Phone ik a,Q€ciaL use a�t£y. Do ttat t•Frite i�t tli�greQ,fit be caanplrete�d by�Y artemn nffrciat - City or Town: PerrWiffrAcense 5 Lss13ing Autlmr€ty(code one): L Board of Health 2.RutTding Department 3.Clty1rowa Qerk 4.Dectrical Faspector S.Plumbing Inspector 6.Other Contact Person: Phone#: ormation and Instructions hfimssa cLuse#ts Ge aeaal Laws cTiapter M regoaes all employ=to provide vporkers'compensation for fioeir employees- Pmsaantin•ems fie,an employee is deemed as"_.e�erppersonin.$�e sm-vice of Mother under a¢y co�cact oflin�, express or finpli e;4 oral or wri mf An MT&Yer is defined as`pan indiyiffiA partammbmp,associ�fion.coiporation or other I%al entity,or any two or more of the fioregoiog a ngaged in a Joint eotm-pdse,and i achufmg the legal of a deceased employer,or ffic rmeivex or trastee of an individA paru=mhip.association or other Iegal entity,employing employees. However`the owner of a dwelling houase having not more than three apartments and vvho resides therein,or the occupant of the- dwelling house of mofher who employs persons to do mai»teuance,c^"stract'on or repay womjc on such dweIImg house or on.the grounds or building appur�thereto shall notbmanse of such emplayment be deemed to be an employer." MGL chapter 152,§25C{6)also states iliac¢every state or local licensing agency shall withhold ffie issuance or reneWal of a Ticense or permit to operate a business or to construct buildings za the commonwealth for any applicant-who has not prod-acedacceptable evidenco of cumpfianm with the umsurance coverage regn$ed-" Additionally,MGL chapter 152,§25C(7)states'Ieifher the counnonwcala nor my of its political subdivisions shall enter into any contract for the perfomuance,ofpobho woik umrtil acceptable evidence of compliance With the msm-an ce._ regnir=e:nfs of this chapter have Been presem ted.to f e,conicactmg.anihouV" Applicants Please fll obt the Womkers'compensation affidavit compldtely,by checldag ih.e tha t at apply to your situation and,if necessary,supply sub-contrador(s)n ne.(s), addresses)a ndPhoncnnmber(s) alongwiththffz certifrcate(s)of issuaance. Limited Liability Companies(LLC)or Limited Liability Part=hips(LLP)vc b no employees offier than tie members or parfaeas,are not rbquired to caury warke2s'com pensation ins�mmce If an L LC or LLP does hate employees,a policy isrequhed. Be advised tbat this affitdayit may be;snbmiti tn the;Dega-trneatof Iudustial Accidents for confrmation of in�oe coverage: Alsa be sure to sign and date the affidavit The affidavit should beret3=MDd to ihe,city or town that the application for the peani.t or license is being rmpms A not the Department of L2nst iaLA rr; Pnt�_ Shouldyou have any questions $fine law or ifyou.are rec�ed to obtain a workers' compensation policy,please call the,DepmtneuEatffienumber listed below. Self-iommredcompanies should.eartheir self-insac-ance license number on the aPPmpaate line. City or Town Offfdak t Please be sore that thb affidavit is complete andprkded.legibly. T'he Depa lmenthas provided a space at the boii®a of the affidavit for you to fill out in tho event the Office oflnvestia {�has to comact you regarding the aPPZi�nf Please be sure to fill in the perms t ccmt mnumber which will be used as a reference number. In.addition,a a applicant that must sabnit mnuliiplepemmWHcense aPPHtstions m airy givenyear,need only submit one affidavit indicating CMrryrt olicy m p fonnatiomm.(if necessary)and under"Job SheQ c rese the appli a t should 7nte"aU locations in (may or town)_'A copy of the affidavit that has be n officially stamped or marked by Ae city or gown may be provided to the ' applicant as proof that a valid affidavit is on file for frrf z pez its or licenses. A new affidavit must bo filled out each year. Where a homne owner or d fi=is obtaining a license or permitnot=Iafed.to any bnSiMSS or commercial vft±ure (ie.M dog H=mc or pant to bum Ieaves eta.)said person is NOT required to complete this affidavit The Office of Ind would like tha nk ank you in advance for your cooperafion and should you have any questions, please do not hesitate to give ums a ca1L The Depart n=fS address,telephone and fax rmmbmm Tha CbMMM'Weddr Of achmtti' ' �e�az�m�tzf 1>�d�ial Ac�iden� Office of fio= Burn,MA CdI II Tc,-L 4 617-727-49W cxt 4€6 car 1477-MA& E Fax#617-727-774 Rmised4424-07. ma g�dia f Sub Contractor W-9 and. Certificate of Insurance Instired '` Certificate of Insurance • Ex irahori Date, :Polic"number A Concrete Answer Worker's Compensation 8/27/2017 IEUB5905M26316 Airsmart LLC Worker's Compensation 2/11/201a WCA 052187 Bee Green Landscaping Worker's Compensation 7/18/2017 WCT4877B Belanger,Steven(No 1 Foundations) Worker's Compensation 2/4/2018 WC8746778 Bortolotti Construction Inc Worker's Compensation ` 3/7/2018 WPA020952410 Ciccotelli,Febo Worker's Compensation 10/4/2017 08WECJP0982 Colony Insulation Worker's Compensation 8/18/2017 6HUB9F89888816 Fuccillo Ready Mix Inc. Worker's Compensation 6/14/2017. WC006430256 Kevin McBride Plumbing&Heating Inc Worker's Compensation 11/19/2017 76 WEG FX7947 L&M Glass Co.,Inc Worker's Compensation 5/1/2017 WC855213 Limarino Carpentry Worker's Compensation 5/18/2017 MAARP301421 Macedo Dalla Carpentry,Inc. Worker's Compensation ' 4/3/20!g 6ZZUB2E07485816 Kevin McBride Plumbing&Heating Worker's Compensation 11/19/2017 76 WEG FX7947 Robert B.Our Co.,Inc. Worker's Compensation 1/1/2018 WPA031676715 Santos,Marcos Worker's Compensation 1/26/2017 MAARP300861 } r • i r _~ r �Q COpY r r r Effective Date: April 11th, 2117 Western SuretyCompany LICENSE AND PERMIT BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond No. 63167165 That we, John Ciluzzi r r of Centerville State of Massachusetts as Principal, and WESTERN SURETY COMPANY, a corporation duly licensed to do surety business in the State of Massachusetts as Surety, are held and firmly bound unto the Town of Barnstable State of Massachusetts as Obligee, in the penal sum of One Thousand and 00/100 DOLLARS ($l, 000.00 ) lawful money of the United States, to be paid to the Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the Principal has been licensed Street Opening by the Obligee. NOW THEREFORE, if the Principal shall faithfully perform the duties and in all things comply with the laws and ordinances, including all amendments thereto, pertaining to the license or permit applied for, then this obligation to be void, otherwise to remain in full force and effect until April 19th 2018 unless renewed by Continuation Certificate. This bond may be terminated at any time by the Surety upon sending notice in writing, by First Class U.S. Mail, to the Obligee and to the Principal at the address last known to the Surety, and at the expiration of trelays from the mailing of said notice, this bond shall ipso facto terminate and the Surety shleeupon lie relieved from any liability for any acts or omissions of the Principal subsequent to said da Regd .ess of`the number of years this bond shall continue in force, the number of claims made agarns �iis bon Bathe number of premiums which shall be payable or paid, the Surety's total limit of liaErly shall not bd& ulative from year to year or period to period, and in no event shall the Surety's total liability o all�claimks.bxceed the amount set forth above. Any revision of the bond amount shall not be r H cumula-ttve ,h a�w *S�� �� 2017 & a �R r Datec� liis 19th day of April r r r r r r r Principal r r r r r Principal WESTE SURET COMPANY r r r B y Paul T.Br flat,Vice President r Form 532-12-2015 r fi J Copy Western Surety POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint Paul T. Bruflat of Sioux Falls State of South Dakota its regularly elected Vice President as Attorney-in-Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, the following bond: One Street Opening Town of Barnstable bond with bond number 63167165 for John Ciluzzi as Principal in the penalty amount not to exceed: $ 1,000.00 Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety Company duly adopted and now in force,to-wit: Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys-in-Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Vice President with the corporate seal affixed this 19th day of April 2017 ATTEST WESTE IN / URET COMPANY By c..�- `" L. Nelson,Assistant Secretary Paul T ruflat,Vice President i STATE OF SOUTH DAKOTA ss A e COUNTY OF MINNEHAHA On this 19th day of April 2017 before me, a Notary Public, personally appeared Paul T. Bruflat and L. Nelson who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. +4bbbbb�^o^ePo4�a4syy4bro^o^sao as 6.} _ s J. MOHR f ^ NOTARY PUBLIC b AL SOUTH DAKOTA SEAL S ( +ahaw�,y6+oraahahyygoosobbe�+ My Commission Expires June 23, 2021 Notary Public To validate bond authenticity,go to www.enasurety.com >Owner/Obligee Services>Validate Bond Coverage. TO Form F1975-1-2016 .� f Copy ACKNOWLEDGMENT OF SURETY STATE OF SOUTH DAKOTA ss (Corporate Officer) COUNTY OF MINNEHAHA On this 19th day of April 2017 before me,the undersigned officer, personally appeared Paul T. Bruf lat who acknowledged himself to be the aforesaid officer of WESTERN SURETY COMPANY, a corporation, and that he as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. +hyhy5y�5�,5�,�h5y�,�hy + s M. BENT s sS AE� NOTARY PUBLIC gF^AL s s SOUTH DAKOTA s Notary Public—South Dakota +5555hy55555h�,h555S55h5�+ My Commission Expires March 2, 2020 ACKNOWLEDGMENT OF PRINCIPAL STATE OF ss (Individual or Partners) COUNTY OF On this day of before me personally appeared known to me to be the individual described in and who executed the foregoing instrument and acknowledged to me that he— executed the same. My commission expires Notary Public ACKNOWLEDGMENT OF PRINCIPAL STATE OF (Corporate Officer) COUNTY OF ss On this day of before me personally appeared who acknowledged himself/herself to be the of a corporation, and that he/she as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation b himself/herself as such officer. P y My commission expires Notary Public C� CZ U G O W •V Z a q U) y D O 0 a q o z W a o o U2 -d J. REScheck Software Version 4.6.3 Compliance Certificate Project New Custom Home Energy Code: 2015 IECC Location: Centerville (Barnstable), Construction Type: Single-family Project Type: New Construction Conditioned Floor Area: 1,984 ft2 Glazing Area 11%, Climate Zone: 5 (6137 HDD) Permit Date: Permit Number: Construction Site: Owner/Agent: Designer/Contractor: 149 Beech Leaf Island Road Andrejs R. Strikis Architect David Sauro Centerville, MA 02632 85 River View Lane Cape Cod Construction Services Centerville 163 Tern Lane 02632 Centerville, MA 02632 508-790-0920 Compliance: 3.3%Better Than Code Maximum ILIA: 337 Your UA: 326 The%Better or Worse Than Code Index reflects how close to compliance the house is based on code trade-off rules. It DOES NOT provide an estimate of energy use or cost relative to a minimum-code home. Envelope Assemblies Gross Area Cavity Cont. Perimeter Floor 1:All-Wood Joist/Truss:0ver Unconditioned Space 1,504 30.0 0.0 0.033 50 Ceiling 1: Flat Ceiling or Scissor Truss 1,504 38.0 0.0 0.030 45 Wall 1:Wood Frame, 16"o.c. 2,648 21.0 0.0 0.057 131 Window 1:Vinyl/Fiberglass Frame:Double Pane with Low-E 248 0.290 72 Door 1: Glass 40 0.300 12 Door 2: Solid 20 0.280 6 Door 3: Solid 20 0.320 6 Door 4: Solid 20 0.220 4 Compliance Statement. 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 2015 IECC requirements in REScheck Version 4.6.3 and to comply with the mandatory requirements listed in the REScheck Inspection Checklist. Keith Presswood VP ?Y-ess 000( 05-04-2017 Name-Title Signature Date Project Notes: REScheck by Cape Cod Insulation, Inca 18 Reardon Circle South Yarmouth, Ma. 02664 Project Title: New Custom Home Report date: 05/04/17 Data filename: Untitled.rck Page 1 of10 f 800-696-6611 # 700277 Project Title: New Custom Home Report date: 05/04/17 Data filename: Untitled.rck Page 2 of10 REScheck Software Version 4.6.3 Inspection Checklist Energy Code: 2015 IECC Requirements: 39.0% were addressed directly in the REScheck software Text in the "Comments/Assumptions" column is provided by the user in the REScheck Requirements screen. For each requirement, the user certifies that a code requirement will be met and how that is documented, or that an exception is being claimed. Where compliance is itemized in a separate table, a reference to that table is provided. Section _. Plans Verified" Field'Verified # Pre-Inspection/Plan Review Value Value Complies? Comments/Assumptions & Req.ID ,.. ,, ems. s, 103.1, ;Construction drawings and '` f ❑Complies ;Requirement will be met. 103.2 ;documentation demonstrate " A ❑Does Not [PR1]1 ;energy code compliance for theb ;building envelope.Thermal _ ❑Not Observable envelope represented on L ❑Not Applicable ;construction documents. 103.1, ;Construction drawings and ❑Complies ; 103.2, documentation demonstrate �` w� " ❑ ' 403.7 ;energy code compliance for a :; gq. ,. k; Does Not ; [PR3]1 ;lighting and mechanical systems. _ _ ❑Not Observable :Systems serving multiple ❑Not Applicable r .' ;dwelling units must demonstrate f a. ,compliance with the IECC , (Commercial Provisions. q. °J°- -x- ' i 302.1, Heating and cooling equipment is; Heating: Heating: ;❑Complies ; 403.7 sized per ACCA Manual 5 based Btu/hr Btu/hr T❑Does Not [PR2]2 on loads calculated per ACCA ; Cooling: Cooling: ,0 ;Manual J or other methods ,❑Not Observable , approved by the code official. Btu/hr ; Btu/hr I❑Not Applicable I Additional Comments/Assumptions: 1 High Impact(Tier 1) 2 Medium Impact(Tier 2) 1 3 Low Impact(Tier 3) Project Title: New Custom Home Report date: 05/04/17 Data filename: Untitled.rck Page 3 of10 Section - a # Foundation Inspection Complies? Comments/Assumptions .&# & Req.ID , 303.2.1 A protective covering is installed to ;❑Complies ;Requirement will be met. [FO11]2 'protect exposed exterior insulation ❑Does Not p land extends a minimum of 6 in. below ;grade. ,❑Not Observable ❑Not Applicable 403.9 Snow-and ice-melting system controls;❑Complies ; [FO12]2 sinstalled. j❑Does Not J j❑Not Observable ❑Not Applicable Additional Comments/Assumptions: 1 High Impact(Tier 1) 2 Medium Impact(Tier 2) 3 Low Impact(Tier3) Project Title: New Custom Home Report date: 05/04/17 Data filename: Untitled.rck Page 4 of10 Section Plans Verified 'Field Verified # Framing/Rough-In Inspection c.Tlles.? Comments/Assumptions, & Req.ID _ .,=Valuep _, �-Value,_ x� , 402.1.1, :Door U-factor. ; U- U- ;❑Complies ;See the Envelope Assemblies 402.3.4 ❑Does Not ;table for values. [FRlh J I ; ;❑Not Observable ; ❑Not Applicable 402.1.1, ;Glazing U-factor(area-weighted ; U- ; U- ;❑Complies ;See the Envelope Assemblies 402.3.1, average). :❑Does Not ;table for values. 402.3.3, 402.3.6, ;❑Not Observable 402.5 ; ; ;❑Not Applicable [FR211 303.1.3 ;U-factors of fenestration products :'" .; ❑Complies ;Requirement will be met. [FR4]1 :are determined in accordance with the NFRC test procedure or -; _ ❑Does Not J ;taken from the default table. ❑Not Observable " •[. �° .% ❑Not Applicable 402.4.1.1 ;Air barrier and thermal barrier °w IDR ❑Complies ;Requirement will be met. [FR23]1 :installed per manufacturer's _ []Does Not instructions. _ ° ". ❑Not Observable ❑Not Applicable , 402.4.3 ;Fenestration that is not site built ice` ❑Complies ;Requirement will be met. [FR20]1 ;is listed and labeled as meeting ,,dry .. , ❑Does Not AAMA/WDMA/CSA 101/I.S.2/A440 ;or has infiltration rates per NFRC , `'°' ❑Not Observable 1400 that do not exceed code ❑Not Applicable ;limits. '..<- 41 m .4z°, " 402.4.5 , IC-rated recessed lighting fixtures f IN-4i4lt ;'dl�, -,, W W❑Complies ;Requirement will be met. [FR16]2 lsealed at housing/interior finish - , ❑Does Not AS ­ft ow- )and labeled to indicate <_2.0 cfm A ;leakage at 75 Pa. 3. ,,rt ❑Not Observable ; ❑Not Applicable 403.2.1 ;Supply and return ducts in attics v,r•vF'T 'w`' w ° ❑Complies ; [FR12]1 ;insulated >= R-8 where duct is �; w . .w# ❑Does Not U >= 3 inches in diameter and >= R-6 where < 3 inches. Supply and ' 4P, ;` IWF_ ❑Not Observable ; return ducts in other portions of n ❑Not Applicable Wor- ;the building insulated>= R-6 for ; ;diameter>= 3 inches and R-4.2 4 !for< 3 inches in diameter. 403.3.3.5 +Building cavities are not used as { " []Complies ducts or plenums. ' -' "4A 0❑Does Not i #: as a3. -kr , ;• - •a�_- 1 � ���� �• � �, . �� ❑Not Observable l I, 41.,_4, .. ; � s =. ❑Not Applicable. 403.4 ;HVAC piping conveying fluids R- R- ;❑Complies ; [FR17]2 labove 105°F or chilled fluids ;❑Does Not 5 below 55°F are insulated to>_R- 3 ;❑Not Observable ❑Not Applicable 403.4.1 ;Protection of insulation on HVACn ,., c ❑Complies ; �; ' [FR24]1 piping. ❑Does Not ?r ❑Not Observable ; ,... _ ❑Not Applicable 403.5.3 ;Hot water pipes are insulated to ; R- R- ;❑Complies ; [FR18]2 R-3. ;❑Does Not l ;❑Not Observable ❑Not Applicable 403.6 'Automatic or gravity dampers are yip ; rug ❑Complies ;Requirement will be met. [FR19]z ]installed on all outdoor air ; }intakes and exhausts. 4 t 'k ❑Does Not rt []Not ObservableIt ; ❑Not Applicable 11 High Impact(Tier 1) 1 2,1 Medium Impact(Tier 2) 13 1 Low Impact(Tier 3) Project Title: New Custom Home Report date: 05/04/17 Data filename: Untitled.rck Page 5 of10 Additional Comments/Assumptions: 1 High Impact(Tier 1) 2 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: New Custom Home Report date: 05/04/17 Data filename: Untitled.rck Page 6 of10 FRSe ction Plans Verified Field Verified # Insulation Inspection Value Value " Complies? �� "Comments/Assumptionseq.ID 303.1 I'AII installed insulation is labeled ❑Complies ;Requirement will be met. [IN13]2 'or the installed R-values v fE,. ❑Does Not provided. : �rE Not Observable IE]Not Applicable 402.1.1, ;Floor insulation R-value. ; R- ; R ;❑Complies ;See the Envelope Assemblies 402.2.E ;❑ Wood ;❑ Wood ElDoes Not ;table for values. [IN1]1 ❑ Steel j❑ Steel ❑Not Observable. ❑Not Applicable ; 303.2, ;Floor insulation installed per ❑Complies ;Requirement will be met. s 402.2.7 :manufacturer's instructions and ❑Does Not [IN2]1 :in substantial contact with the �, U ;underside of the subfloor, or floor $ * " ❑Not Observable ; :framing cavity insulation is in _ ❑Not Applicable contact with the top side of 'F ;sheathing,or continuous :insulation is installed on the underside of floor framing and ;extends from the bottom to the _KA 46, :top of all perimeter floor framing : members. . Aih� It 4ilN n 402.1.1, ;Wall insulation R-value. If this is a: R- R- a ❑Complies ;See the.Envelope Assemblies 402.2.5, :mass wall with at least 1/2 of the ❑ Wood ;❑ Wood ;❑Does Not _table for values. 402.2.6 :wall insulation on the wall [IN3]1 ;exterior,the exterior insulation ;❑ Mass ❑ Mass :❑Not Observable J :requirement applies(FR10). ;❑ Steel. ;❑ Steel �❑Not Applicable ; 303.2 :Wall insulation is installed per 1- v M ❑Complies ;Requirement will be met. [IN4]1 :manufacturer's instructions. ❑Does Not ❑Not Observable , `,'" a: ❑Not Applicable : Additional Comments/Assumptions: 1 lHigh Impact(Tier 1) 2 Medium Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: New Custom Home Report date: 05/04/17 Data filename: Untitled.rck Page 7 of10 Section r Plans Verified Field Verified # Final Inspection Provisions Complies? Comments/Assumptions & Req.ID 3 Value Value; 402.1.1, ;Ceiling insulation R-value. ; sR- ; R ;❑Complies ;See the Envelope Assemblies 402.2.1, ;❑ Wood ;❑ Wood ;❑Does Not ;table for values. 402.2.2, ❑ Steel ❑ Steel ;❑Not Observable [01,2.6 j❑Not Applicable 303.1.1.1, ;Ceiling insulation installed per ❑Complies ;Requirement will be met. 303.2 :manufacturer's instructions. E ❑Does Not r ; [F12]1 ;Blown insulation marked every , P 300 ft2. .� k =< "�❑Not Observable ❑Not Applicable 402.2.3 ;Vented attics with air permeable 4-2r' 'Ir�­ft❑Complies ;Requirement will be met. [F122]2 5insulation include baffle adjacent ❑Does Not to soffit and eave vents that r AJ ;extends over insulation. 3 ❑Not Observable ❑Not Applicable 402.2.4 ;Attic access hatch and door R- F- ;❑Complies !Requirement will be meta [FI311 ;insulation >_R-value of the. ❑Does Not ;adjacent assembly. ❑Not Observable , ❑Not Applicable 402.4.1.2 ;Blower door test @ 50 Pa. <=5 ; ACH 50 ; QCH 50 = ;❑Complies :Requirement will be met. [F117]1 Iach in Climate Zones 1-2, and :❑Does Not <=3 ach in Climate Zones 3-8. ; ❑Not Observable ❑Not Applicable ' 403.2.3 ;Duct tightness test result of<=4 ; cfm/100 ; cfm/100 ;❑Complies [FI4]1 Icfm/100 ft2 across the system or f 2 ft2 :❑Does Not s <=3 cfm/100 ft2 without air ❑Not Observable ' handler @ 25 Pa. For rough-in ; ; Itests,verification may need to ; ; ;❑Not Applicable ;occur during Framing Inspection. ' 403.3.2 ;Ducts are pressure tested to cfm/100 cfm/100 ;❑Complies [1`I2711 determine air leakage with ; f_2 ; ft2 ❑Does Not either: Rough-in test:Total ;leakage measured with a ❑Not Observable .pressure differential of 0.1 inch ; ;❑Not Applicable ; w.g. across the system.including ;the manufacturer's air handler,' enclosure if installed at time of I I :test. Postconstruction test:Total j ;leakage measured with a :pressure differential of 0.1 inch w.g. across the entire system including the manufacturer's air handler enclosure. I I 403.3.2.1 ;Air handler leakage designated "� �� <` '_ ❑Complies ; [F124]1 ;by manufacturer at<=2%of a # ❑Does Not design air flow. ❑Not Observable ❑Not Applicable 403.1.1 !Programmable thermostats ❑Complies [Flg]2 installed for control of primary Ak � ❑Does Not heating and cooling systems and initially set by manufacturer to ,„ jq& . g g •`' g. , ❑Not Observable code specifications. ' ❑Not Applicable ; 403.1.2 ;Heat pump thermostat installed ° Aov ❑Complies [Fl10]2 Ion heat pumps. - []Does Not AV . 3 ❑Not Observable ; ¢ 1 a ❑Not Applicable , 403 5 1 Circulating service hot water ❑Complies [F[11]2 systems have automatic or .." ❑Does Not ;accessible manual controls. ❑Not Observable s a ea,- - ❑Not Applicable ; 1 High Impact(Tier 1) 2' Medic'Impact(Tier 2) 3 Low Impact(Tier 3) Project Title: New Custom Home Report date: 05/04/17 Data filename: Untitled.rck Page 8 of10 Section Plans Verified•• � Field Verified # Final Inspection Provisions = Complies? Comments/Assumptions & Req.ID _ Value Value 403.6.1 All mechanical ventilation system - - _»�'Avp__ • ❑Complies [F125]2 Ifans not part of tested and listed , ❑Does Not HVAC equipment meet efficacy ;and airflow limits. ; ❑Not Observable , " ❑Not Applicable 403.2 ;Hot water boilers supplying heat _ ❑Complies ; [FI26]2 through one-or two-pipe heatin "`t " 99 , ❑Does Not , ]systems have outdoor setback 4� w ja �, - ,control to lower boiler water , ❑Not Observable , gyp• rw temperature based on outdoor _ ❑Not Applicable ;temperature. r~ o-• • s ; 403.5.1.1 Heated water circulation systems rV 110 ❑Complies [FI28]2 ]have a circulation pump.The ❑Does Not ;system return pipe is a dedicated 'return pipe or a cold water supply '_ ` . ❑Not Observable ; r pipe.Gravity and thermos- _- -,� -� �,- t � ;, ❑Not Applicable ;syphon circulation systems area } not present.Controls for circulating hot water system ff& ` pumps start the pump with signal �� , ;for hot water demand within the )occupancy. Controls = " automatically turn off the pump ,.: �,. ;when water is in circulation loop 'is at set-point temperature and no demand for hot water exists. • i0 p­ 403.5.1.2 ;Electric heat trace systems A ` Or q&­-, -2, ❑Complies [FI2912 comply with IEEE 515.1 or UL a ❑Does Not 1515.Controls automatically adjust the energy input to the °° ❑Not Observable ; heat tracing to maintain the = - � . ❑Not Applicable ;desired water temperature in the 'piping. 403.5.2 ;Water distribution systems that ❑Complies ; [F130]2 ]have recirculation pumps that _ - _ 0 '*`JP ❑Does Not pump water from a heated water a ,supply pipe back to the heated ❑Not Observable .water source through a cold " l -' " El Not Applicable ; water supply pipe have a tk A A 4, ]demand recirculation water - 7 ; ;system. Pumps have controls I ,that manage operation of the w � ;pump and limit the temperature :. g ;. I. of the water entering the cold x 5water piping to 104°F. 4A JP + 403.5.4 ti Drain water heat recovery units s _ " ❑Complies ; [FI31]2 (tested in accordance with CSA - _ g _ ❑Does Not 655.1. Potable water-side gu pressure loss of drain water heat 4- ' ' o -- _ ❑Not Observable , I recovery units< 3 psi for - 4 ❑Not Applicable individual units connected to one : _ or two showers. Potable water- = F side pressure loss of drain water x= heat recovery units < 2 psi for .- 'individual units connected to ;three or more showers. r 404.1 ;75%of lamps in permanent , _ ❑Complies ; [FI611 fixtures or 75%of permanent ❑Does Not ;fixtures have high efficacy lamps ;, z fin. 3 a Does not apply to low-voltage ❑Not Observable ; ;lighting. 1M, A s ❑Not Applicable 404.1.1 Fuel as lighting systems have g g g y ❑Complies [F123]3 no continuous pilot light. -4 ; -T ;, ❑Does Not ❑Not Observable dv . ;. _ *. ❑Not Applicable . 1 lHigh Impact(Tier 1) 1 2 IMedium Impact(—ier 2) 3 1 Low Impact(Tier 3) Project Title: New Custom Home Report date: 05/04/17 Data filename: Untitled.rck Page 9 of10 Section Plans Verified Field Verified p _ Comments/Assumptions # Final Inspection Provisions , Value Value m lies? & Req.ID ` Co 401.3 „Compliance certificate posted. At V ❑Complies ;Requirement will be met. [FI7]2 a ❑Does Not ❑Not Observable j W- ❑Not Applicable 303.3 Manufacturer manuals for ❑Complies (FI18]3 Imechanical and water heating ❑Does Not systems have been provided. 3 ❑Not Observable ' ❑Not Applicable Additional Comments/Assumptions: 1 High Impact(Tier 1) 12-1 Medium Impact(Tier 2) 13 Low Impact(Tier 3) Project Title: New Custom Home Report date: 05/04/17 Data filename: Untitled.rck Page 10 of10 �.( 2015 iEcc Energy j Efficiency certificate ilo Above-Grade Wall 21.00 Below-Grade Wall 0.00 Floor 30.00 Ceiling / Roof 38.00 Ductwork (unconditioned spaces): Window 0.29 Door 0.30 a Heating System: Cooling System: Water Heater: :a Name: Date: Comments ,::- �,; ..;31r. j.: �'t`` • • • i I • • History of Lot ownerships Locus: The Tax Assessor shows it as Map 187 Parcel 63-5; Formally shown as Lot 7LonL1LC Plan 41630-A —We have coded it as yell on the attached plans Lot 7 was formerly known as Lot 32 on a plan entitled ""Beech Leaf Landing" Phase II Land Court Plan of Land in Barnstable (Centerville) Mass.Owned By Silvia &Silvia Associates Incorporated Scale 1'=40', March 23, 1984" Baxter&Nye, Inc. Registered Land Surveyors,Ostervil.le, MA" said plan was approved on June 8, 1984 and was filed in the Land Court which became Land Court Plan 41630-A Street address: 149 Beech Leaf Island Road,Centerville,MA 1982,6-2 Book 3491, Page 212 Deed into Silvia &Silvia Associates, Inc.,of 69.12 acres shown on Land Court Petitioners' Plan and plan book 363 page 72,then assessors map 186 parcel 44 1984, 11-2 Book 4305, Page 276 lots 15A, 28, 31,33, and 35 on the pending 1984 plan were deeded out.to Beech Leaf Island Inc. leaving lot 32 as a single lot separated from its abutting parcels prior to the zoning change of March 1, 1985 1991,7-3 Book 7599 Page 341 Lots 30,T 2 and 34 deeded to RAFS LTD Partnership 1992,5-12 Cert#126641 Lots 5, &9 on LC Plan registration in now title held in RAFS Ltd Partnership 1992,5-29 Cert#126706 Lots 4& were deeded to Brian T. Dacey,Trustee of Thornberry Lane Nominee Trust 1992,8-20 Cert#127564 Lot 7 6 was deeded to David P.Woods 1994, 12-12 Cert#135872 Lot Z was deeded to Marjorie L.Woods 1995,9-18 Cert#138315 %:interest in lot Z deeded to Ellen Reynolds,Andrea SGauvreau and Robin Cramer 1996,2-15 Cert@ 139822 the other%:interest of Lot Z deeded to Ellen W. Reynolds,Andrea W.Gauvreau and Robin W.Cramer Conclusion: Lot 7 (formerly Lot 32) has been in separate ownership from all abutting lots since. November 2, 1984. Print Page Page 1 of 3 Print this page • Owner Information -Map/Block/Lot: 187/063/005 -Use Code: 1300 Owner Map/Block/Lot GIS MAPS REYNOLDS,ELLEN W& 187/063/005 Owner Name as GAUVREAU,ANDREA W Property Address of 1/1/15 C/O ANDREA GAUVREAU 149 BEECH LEAF ISLAND 1 THORNHURST ROAD ROAD FALMOUTH, ME. 04105 Co-Owner CRAMER,ROBIN W Village: Centerville Name Town Sewer At Address: No GIS Zoning Value:RD-1 • Assessed Values 2016 -Map/Block/Lot: 187/063/005 -Use Code: 1300 2016 Appraised Value 2016 Assessed Value Past Comparisons Building $ 0 $ 0 Year Total Assessed Value: Value • Extra $ 0 $ 0 2015 - $ 270,700 Features: 2014- $ 270,700 2013 - $ 270,700 Outbuildings: $ 0 $ 0 2012 - $ 270,700 $ 267,400 $ 267 400 2011 - $ 270,700 Land Value: � - 2010 - $ 276,600 2009 - $ 268,200 2008 - $ 303,500 2016 Totals $ 267,400 $ 267,400 2007 - $ 303,500 • Tax Information 2016 -MapBlock/Lot: 187/063/005 -Use Code: 1300 Taxes C.O.M.M. FD Tax (Residential) $ 425.17 Community Preservation $ 74 68 Fiscal Year 2016 TAX RATES HERE Act Tax Town Tax(Residential) 2,489.49 http://www.townofbamstable.us./Assessing/printl6.asp?ap=0&searchparcel=l87063005 4/19/2016 ':.PLAN OF LAND IN BARNSTABLE A w Baxter & Nye Ina., Surveyors 41630 Mareh 23, 1984 _ �.s/� � C gyp.•. SO - I S Zu, Wi1P • ' j R`�' "apt �►� `� r. z c. a � *� 00 .r qk roll 6�~�� / f41 e 't'q �039� . aowr/sus Lots !thry 10 feet: ra aphn LAND REGISTRATION OFFICE 00r. 10, M4 - Sukofftphvt00 feet tourleeb NUJ Abutters are not :ad judi,cated. Lours A.Mebnr,EngwteerforCot/rt� (£E'ZZ) MAE Purr.084-40OA4 '8sSstnOo SnOVIV • Aq-puo►=VH abso9D ;o Almuo3 so xcar puyT Aq ggmcs at{g up treat go asow. 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(58.09) feet, more or less, On the Last by land now or formerly of said-Hammond and a portion of Park Avenue, seventy-nine and 18/100 (79.18) feet, more or less; On the Southeast by land now or formerly of tChe Fesoenden School, fifty-three and 67/100 (53.67) feet, more or less,, and one hundred seventy-sic and 69/100 (176.69) feet, more or less, and by land now or formerly of Stephen and Muriel Laverty. fifty-six and 14/100 (56..14) feet, more:or lesej vn the South by land now or formerly of David P. and Marjorie L. Woods, two hundred thirty-one (231) feet, more or laser ` On various courses by Owners Unknown as shown an the hereinafter mentioned plan, one thousand three hundred to (11310) feet, more or less, and five.hundred fifty (550) feet,.more or less Being all the land shown on plan of land entitled: Beech Leaf Landing, Plan of Land in B&L"table (Centerville), Mass. for Silvia and Silvia Assoc., rho., Scale 1" . 1001, May 2, 1902, Baxter a Nye, Inc., Reg'd Land Surveyors, Osterville, Mass.,° which said plan is duly filed in the Barnstable County Registry of Deeds in Plan t Book 363 Page 72: tl PXACRL 3 SAll my right, title and interest is and to the following de- scribed real estate, bounded and described as follows: on the nest by various courses by the land shows► on hand j Court Petitioner's Plan 40931 being Parcel I f herein; on the North by various courses by land now or formerly of . Melvina Crosby Herbarger being Parcel 2 herein; On the East and North by land now or formerly of Frank G. Thacher; On the East by land now or formerly of John Greene et ux, Edmund E. Schmegner, Barbara 8. Jakielo, Patrick Tobin, Elizabeth A. Yeomans and Anthony P. and Mildred W.• Dougherty; On the Southeast • ' and South by land now or formerly of Alphegs T. Vault at ux. The above three parcels are shown as Parcel 44 containing. 69.12 acres, on Sheet 186 of the Barnstable Assessor's Maps. For title to the above described parcels see the following i deeds: 1) from Norman Boucher at ux at ali to Melvina C. Herberger dated. February 8, 1982, recorded in Book 3434 Page 293. 2) from Jacob Lovell to Aaron S: Crosby dated November 4, 1890 recorded in Book 220 Page 576. s ' 3) from Marcy C. Lovell to Aaron S. Crosby dated August 19, 1898, recorded in Book 235 Page 247. 4) from Mercy C. Lovell to Aaron S. Crosby dated April 11, 1900, recorded in Hook 246 Page 157. '5) from Mercy C. Lovell to Aaron S. Crosby dated February 171 1911, recorded in Book 380 Page 54. 5) from Radhel.Hinckley to Aaron S. Crosby dated March 26, 187 , recorded in Book 152 Page 556. 7.) from Emeline W. Bacon et alto Gorham Crosby-et al dated • Aaqust.31f Xa$0. xeo=deO $a BQA. 15A.2A;z_-30. .. , r j 8) from t:orham Crosby to Gorham F. 6Cr tEa temp April 18 1883, recorded in Book 1.52 Page 557. 4) from Gorham F. Crosby to Aaron S. Crosby dated October 28, 1890, recorded in Book 433 Page 342. 10 from John F. Cornish to Aaron S. Crosby dated July 7, 1698, • recorded in Book 222 Page 305. 11) from Ansel Lewis to Gorham Crosby et al dated November 24, 1062, recorded in Book 154 Page 370. 12) from Ophraim Lewis to Gorham F. Crosby et a1 dated September 2, 1884, recorded in Book 188 Page 349. 13) from Gorham Crosby to Aaron S. Crosby dated April 10, 1833, recorded'in Book 157 Page 263. 14). from Gorham F. Crosby to Aaron B. Crosby dated_ November 29, 1913, recorded in Book 397 Page 116. 15) from Gorham F. Crosby to Aaron 8. 'Crosby dated November 29, 1913, recorded in Book 397 Page 118, 16) from Howard Sturgis by Guardian to Aaron S: Crosby dated November 14, 1877, recorded in Book 133 Page 30. 1 - 17) from Sarah C. Sturgis to Aaron g. Crosby dated December 12, 1877,.recorded in Book 20b Page 204. 18) from Jacob Lovell to Aaron S. Crosby dated February 9, 1885 recorded in Book 190 Page 237. 19) from Jane Richardson to As'= S. Crosby recorded December 26, 1901 in Book 254 Page 95, 20) from Mary C. Betxrse to Aaron S. Crosby dated Daoember 19, 1904, recorded in Book 271 Page 507. 21) from Marcy C. Lovell by eoutcr to Aaron S. Crosby dated March 9, 1917, recorded in Book 389 Pagi 275. ' 80* aisb Barnstable County Probate No. 1864,4, Aaron S. Crosby, ' Barnstable Probate No. 54382, Evelyn Crosby and Barnstable Probate No. $4722, Sumner Crosby., Executed as a eooled knA mmant ado' day of 1082 no viva Crosby 110darger • • � �btstofteb�ttt� Barnstable aa. ` 14 82 Then petaomullr appaarW the above nam od Melvina Crosby H Berger.) , and aakmnovrleW the fom sing Instrumeat,to be her free aot ore ran naima My aom spina 19 • A ���,; it Ll m f BOOM7599 FAu 341 31311 • QUITCLAIM DEED 1` Silvia and Silvia Associates, Incorporated of 619 Mein Street, Centerville, Massachusetts (the "Grantor"), in full consideration of TEN DOLLARS .($10) orid 04M gored •and AA4%ftb+0 eons#davattoa (not exceeding the Mortgage debt subject to which the subject property is hereby conveyed) GRANTS to RAPS Limited Partnership, a Massachusetts limited partnership of 307 Main Street, Hyannis, Massachusetts (the "Grantee"), with QUITCLAIM COVENANTS, the land with the buildings thereon as described in Exhibit A attached hereto (tie "Premises") and made a part hereof. The Grantee is taking title subject to that certain Mortgage given by Grantor to Cape Cod Bank and Trust Company, which is dated July 28, 1988 and recorded in the Barnstable County Registry of Deeds at Book 6374, Page 238, Which mortgage is securing a promissory note to Cape Cod Bank and Trust Company dated July 28, 1988 in the original principal amount of $2,500,OOO.00. The Grantee is taking title subject also to that certain Second Mortgage and Security Agreement given by Grantor to Cape. Cod Bank and Trust Company, which is dated February 6, 1990 and recorded in the Barnstable County Registry of Deeds at Book 7050, Page 262, which mortgage.is securing a promissory note to Cape Cod Bank and Trust Company dated February 6, 1990 in the original principal amount of $439,000.00. The Grantor has voluntarily entered into this transaction with the expressed intention of vesting absolute title in the Grantee. It is the intention of the parties that the mortgages shall not merge with the fee interest being conveyed to Grantee herewith and shall remain as valid liens on the Premises until such time as they are properly discharged by the mortgagee. For Grantor's title see deed dated June 1, 1982 and recorded at-Book 3491, Page 212. The consideration is such that no documentary stamps are required. Witness the executi?n and the corporate seal of maid corporation this day of June, 1991, SILVIA AND SILVIA ASSOCIATES, INCORPORATED to Ronald' . Silvia, President F oy Silvia, Treasurer J s BOOK 75 93 YA'U 342 COMMONWEALTH OF MASSACHUSETTS t June _`c4_._ 1991 Then personally appeared the above-named Ronald. J. Silvia, President and Floyd J. Silvia, Treasurer, who acknowledged the Foregoing instrument to be the free act and deed of Silvia and Silvia Associates, Incorporated before-me, • Nota iFubli�.;• X' C'omMispion Expirest rocep/24533,30MdOWIld.30,32,34 : e00K7,599 facc 343 EXHIBIT "A" The land situated in Barnstable (Centerville), Barnstable County, Massachusetts, bounded and described as follows% LOTS 30. 32 and 3.4 as shown on a plan of land entitled "Beech Leaf Landing, Phase II, -Land Court Plan of Land in HARNW ABLE (Centerville), MASS. Owned by SILVIA AND SILVIA ASSOCIATES, INCORPORATED, Scale 1— 401 , March 23, ,1984, Baxter & Nye, Inc. , i Registered Land Surveyors, Osterville, Mass.", which plan is duly filed with the Land Registration Office at Boston as Land Court Plan 41630-A, Pending, a copy of which is filed with the Barnstable County Registry of Deeds. Said LOTS 30, 32 and 34 are conveyed subject to Protective Covenants, Restrictions, Rights and Reservations Governing Beech Leaf Landing, Phase II, Centerville, Massachusetts, dated October. 29, 1984, and recorded in Book 4299, Page 311. Said LOTS 30, 32 and 34 are conveyed together with the right to use Beech Leaf Island Road from Bay Lane, a public way, for all purposes for which ways are used in the Town of Barnstable. Said LOTS 30, 32 and. 34 are further conveyed subject to and with the benefit of all rights, easements, restrictions, rights of way, and reservations of record insofar as the same are now in force and applicable, For title reference, see deed from Melvina Crosby Herberger, a/k/a Melvina C. Herberger to Silvia and Silvia Associates, Incorporated, dated June 1, 1982, recorded in Book 3491, Page 212. RECORDED JUL 391 recpy2ltSS,SO/9ldttcript/d.30,32,3i. . Book 1038 Page 41 Doc. No. 553,418 Ct£. No. 126641 CAMMLED ORIGINAL CERTIFICATE OF.TITLE Entered pursuant to a decree of the Land Court, dated at Boston, in the County of Suffolk and Commonwealth of Massachusetts, the twentieth day of May in the year nineteen hundred and ninety-two, and numbered 41630 on the files of said Court. COPY OF DECREE COMMONWEALTH OF MASSACHUSETTS. LAND COURT. In the matter of the Complaint of Silvia and Silvia Associates, Incorporated numbered 41630 after consideration, the Court doth adjudge and order that RAFS Limited Partnership, a Massachusetts limited partnership, having an usual place of business in Barnstable, in the County of Barnstable and Commonwealth of Massachusetts substituted plaintiff on motian, is the owner in fee simple of that certain parcel of land situate in Barnstable in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows: FIRST PARCEL: Northerly by Beech Leaf Island Road, owe hundred twenty-eight and 40/100 (128.40) feet; Easterly by lot 6, about one hundred seventy-five (175) feet; Southerly and Southeasterly by land now or formerly of Frank G. Thacher, II; and Westerly by lot 4, two hundred eighty-three (283.00) feet. Said land is shown as Clot 5 on the plan hereinafter mentioned. SECOND PARCEL: Northwesterly by Beech Leaf Island Road, twenty-eight and 691100 (28.69) feet; Northeasterly by lot 8, two hundred eighty-three and 441100 (283.44) - feet; Southeasterly, two hundred thirty-one (231.00) feet, and . Southerly about fifty-five (55) feet by land now or formerly of David P. Woods et al; Southwesterly by land now or formerly of Frank G. Thacher, II; and Northwesterly about one hundred twenty-five (125) feet, . Westerly one hundred ten and 85/100 (110.85) feet, and Southvesterly, one hundred two and 54/100 (102.54) feet by lot 6. Said land is shown as;`lo, 6n said plan. THIRD PARCEL: Northwesterly by Beach Leaf Island Road, twenty and 191100 (20.19) feet; Northeasterly seventy-nine and 06/100 (79.06) feet, Northwesterly ninety-five and 89/IOO (95.89) feet, and Westerly eighty (80.00) feet by lot 10, Northerly one hundred eight and 75/100 (108 M) feet, and Northwesterly fifty-eight and 09/100 (58.09) feet by land now or formerly of George Hammond; Northeasterly by said land now or formerly of George Hammond and by the end of Park Avenue, seventy-nine and 18/100 (79.18) feet; Southeasterly by land now or formerly of Clara S. Groves, one hundred thirty and 56/100 (130.56) feet; and Southwesterly one hundred thirty-five and 65/100 (135.05) feet, Southeasterly ninety-eight and 701100 (98.70) feet, and Southwesterly ninety-one and 22/100 (91.22) feet by lot 8. Said land is shown as lot 9 an said plan. All of said boundaries, except the edge of upland, are determined by the Court to be located as shown on a plan drawn by Baxter & Nye, Inc., Survey- ors, dated March 23., 1984, as modified and approved by the Court; filed in the Land Registration Office. a copy of a portion of which will be filed with the original certificate of title issued on this decree. The land hereby registered is subject to protective covenants as set forth in an instrument dated October 29, 1984, duly recorded in Rook 4299, Page 311. The land hereby registered is subject to a. covenant and agreement between Silvia and Silvia Associates, Incorporated and the Barnstable Planning Board, dated September 17, 1985, duly recorded in Book 5536, Page 18, as affected by a certificate of performance dated October 5, 1987, duly recorded in Book 5971. Page 200. The land hereby registered is subject to grants and reservations set forth in two deeds given by Silvia 6 Silvia Associates, Incorporated, one to Thornberry, Inc., dated October 29, 1984, duly.recorded in Book 4305, Page 273, and one to Beech Leaf Island, Inc., dated October 29, 1984, duly recorded in Book 430S, Page 276. So much of said lots 7 and 9 as is included within the limits of the Way, approximately shown on said plan, is subject to the rights of. all persons law- fully entitled thereto in and over the same, as affected by a release dead given by Silvia and Silvia Associates, .Incorporated to David P. Woods et'ux, dated June, 16, 1986, duly recorded in Book 5867, Page 259. So much of the land hereby registered as is included within the limits of said Beech Leaf Island Road is subject to the sights of all persons lawful- ly entitled thereto in and over the sane, and there is appurtenant to the. land here by registered the right to use Beech Leaf Island Road, as shown on said plan and also as shown on Land Court Plan No. 41594A, to and from said land and Bay Lane, in common with all other persons lawfully entitled thereto, for all purposes for.which streets or ways cosmonly are used in said Barnstable. Ctf. 126641 The land hereby registered is subject to the terns set forth in an Order of Conditions issued by The Commonwealth of Massachusetts, Department of Envi- romaental Quality Engineering, duly recorded on October 6, 1987, in Book 5963, Page 89, as affected by three instruments, one an Extension Permit, duly recorded on October 13, 1987, in Book 5971, Page 201, one a Partial Certificate of Compliance, dated May 24, 1988. duly recorded in Book 6338, Page 130, and one a Certificate of Compliance, dated December 6, 1988, duly recorded in took 6563, Page 272. Said lot 5 is subject to the terms set forth in an Order of Condi- tions issued by the Barnstable Conservation Commission. dated May 6, 1986. duly recorded in Book 5089, Page 167, as affected by an Extension Permit, duly recorded on February 2, 1989, in Book 6615. Page 211, as amended by an instrument dated April 17, 1990. duly recorded in Book 7162, Page 201, and as affected by two Extension Permits, one dated May 8, 1990, duly recorded in Book 7162, Page 205, and one dated June 11, 1990, duly recorded in Book 7200, Page 250. Said lot 7 is subject to the terms set forth in an Order of Condi- tions issued by the Barnstable Conservation Commission, dated November.S, 1986, duly recorded in Book 5518, Page 175, as amended by an instrument dated April 17, 1990, duly recorded in Book 7162, Page 213, and as affected by two Extension Permits, one dated May 8, 1990, duly recorded in Book 7162, Page 217, and one dated June 11, 1990, duly recorded in Book 7200, page 254. Said lot 9 is subject to the terms set forth in an Order of Condi- tions issued by the Barnstable Conservation Commission dated May 6, 19861, duly re- corded in Book 5089, Page 171, as affected by an Extension Permit, duly recorded on February 2, 1989, in Book 6615, Page 213, as amended by an instrument dated April 17, 1990, duly recorded in Book 7162, Page 207, and as affected by two Extension Permits, one dated May 8, 1990, duly recorded in Book 7162, Page 211. and one dated June 11, 1990, duly recorded in Book 7200, Page 252. And the Court doth adjudge and order that said land be brought under the opera- tion and provisions of Chapter 185 of the General Laws. and that the title of said RAPS Limited Partnership to said land be confirmed and registered; subject, however, to any of the encumbranc- es mentioned in Section forty-six of said Chapter, vhich may be subsisting; and subject also as aforesaid•, to a mortgage covering this and other land given by Silvia and Silvia Associates, Incorporated to Cape Cod Bank and Trust Cmpany, dated July 28, 1988, duly registered as Document No. 464,304, and now registered as to the land hereinbefore described, as affected by a supplement to mortgage agreement be- tween Silvia and Silvia Associates. Incorporated and Cape Cod Bank and Trust Compa- ny, dated February 6, 1990, duly registered as Document No. 500,559; .and to a mort- gage covering this and other land given by Silvia and Silvia Associates, incorporat- ed to Cape Cod Bank and Trust Company. dated February 6, 1990, duly registered as Document No. 500,561, and now registered as to the land hereinbefore described, as affected by a collateral assignment of leases and rents from Silvia and Silvia Asso- ciates, Incorporated to Cape Cod Bank and Trust Company, dated February 6, 1990, duly registered as Document No. 500,562. . WITNESS, JOHN E. FENTON, JR., Chief Justice of the Land Court, at Boston, in said County of Suffolk, the twentieth day of May in the year nineteen hundred and ninety-two , at ten o'clock and 00 minutes in the forenoon. Attest, with the Seal of said Charles v. Trombly, Jr., Recorder. (SEAL.) A true Copy. Attest, with Seal of said Charles W. Trombly, Jr., Recorder. (SEAL.) Received for Transcription at Barnstable County Registry District,'May 21, 1992 at l o'clock and 12 minutes p.m. A true copy. Attest. with the Seal of $a Court. ��}} JOHN F. MEADE, Assistant Recorder. Land Court Case No. 41630 MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE 126641 DATE OF INSTRUMENT gIONATUAB OF NUMBNUMB KIND RUNMrwa IN FAVOR OF TERMS DISCHARGE UAIHER .. DATE AND TUBE ASSWrANT RECORDER OF REOMTRATION 464*304 Mtge. Cape Cod Bank & Trust Co. Lots 5, 7, 9 3 other Reg. Ld., 7/28/88 $2,500,000. 7/29/88 1:23p.m. 500,559 Agree. Cape Cod. Bank S Trust Co. Re: Mtge, Doc. 464,304. 2/6/90 2/7/90 2:21p.m. 500,561 Mtge. 6 Cape. Cod Bank & Trust Co. -Lots 5, 7, 9 & other Reg. Ld., 2/6/90 Sec. Agree. as stated in Mtge. 2/7/90 2:21p.m. 500,562 Asalan, of Cape .Cod Bank 4 Trust Co. See.Doc. 6 other Reg. Ld. 2/6/90 Leases 6 2/7/90 2:21p.m. Rants 554,000 Deed Brian T. Dacey, Tr. Lot 5, P1. 41630-A See Ctf. 5/15/92 126705. V29/92 10.-Wa.m. 554,005 Deed Brian T. Dacey,, Tr. Lot 7, PS. 41630-A See Ctf. 5/15192 126706. . Y 5/29/92 10:00a.m. 554,009 Deed Brian T. Dacey, Tr. Lot 9, U. 41630-A See Ctf. 5/L5/92 126707. 5/29/92 10:01a.m. . i Book 1038 Page 106 Doc. Nos. 554,003 554,004 554,005 Ctf. No. 126706 TRANSFER CERTIFICATE OF TITLE From Transfer Certificate No. 123790 Originally Registered July 2, 1991, original 126641 May 21, 1992, Original 126643. May 21, 1992, in Registration Book 1014 Page 70 for the Registry District of Barnstable County. 1038 41 1038 43 THIS IS TO CERTIFY that Brian T. Dacey, Trustee of Thornberry Lane Nominee Trust, under a Declaration of Trust. dated May 26. 1992 being Do;ci ment No. 5549-006,-with it mailing address of P. 0: Box 95. Centerville, Barnstable County, Massachusetts 02632, .is the ovner(s) in fee simple of that land situated in Barnstable in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows: LOT 20 PLAN 41594-A (Sheet 4) LOTS 4 AND 7 PLAN 41630-A Said land is subject to protective covenants, restrictions, rights and reservations made by Silvia & Silvia Associates, Incorporated, dated August 20. 1982 duly recorded in Book 3546, Page 133. Said land is subject to the terms set forth in the Order of Condi- tions issued by Town of Barnstable Conservation Commission, dated August 16, 1982 duly recorded in Book 3558, Page 332, as affected by a Certificate of Compliance, dated May 27. 1983 duly recorded in nook 3761, Page 315 and Document Nos. 4 �Nlf N'�3.7G .1� 9b Said land is subject to reservations set forth in a.deed given by Silvis & Silvia Associates, Incorporated to Floyd J. Silvia at al, Trustees, dated .Tune 8, 1984 duly recorded-in Book 4141. Page 67. Said land is subject to utility easements set forth in a grant made by Silvia & Silvis Associates. Incorporated to Commonwealth Electric Company and New England Telephone & Telegraph Company. dated October 4, 1964 duly recorded in Book 4276, Pages 031. So much of Lot 20 as is included within. the area marked "Base- ment", spproaimtely.shown on ,said plan, is subject to the right as appurtenant to Lots 21 and 22, to use the same in common with the owners from time to time of said Lot 20 for purposes of a common driveway, and. there is appurtenant .to said.Lot 20 the right to use said area marked "Easement" for such purposes in common with all those lawfully entitled thereto. Lots 4 and 7 are subject to the terms set forth in an Order of Conditions. issued by the Barnstable Conservation. Commission, dated February 19, .1987 duly recorded in Book 6104, Page 750 as affected by a Certificate of Compliance, dated November 25, 1987 duly recorded in Book 6104, Page 79. Lot 7 is subject.to the terms set forth in an Order of Conditions issued by the Barnstable Conservation Commission, dated-November 5, :1986 duly record- ed in Book 5518, Page 175, as amended by an instrument dated April 17, 1990 duly recorded'.in Book 7162, Page 213, and as affected by two Extension Permits, one dated May 8, 1990 duly recorded in Book 7162, Page 217, and one dated June 11, 1990 duly recorded in Book 7200, Page 254. Lots 4 and 7 are' subject to the terms set forth in an Order of Conditions issued by the Commonwealth of Massachusetts, Department of Environmental Quality Engineering, duly recorded on October 6, 1987 in Book 5963, Page 89, as affected by throe instrumentat one an Extension Permit duly recorded on October 13. 1987 in Book 5971, Page 201; one a Partial Certificate of, Compliance, dated May 24, 1988 duly recorded in Book 6338, Page 130; and one a Certificate of Coewliance, dated December 6, 1988 duly recorded in Book 6563, Page 272. So much of Lot 7 as is included within the limits of the Way, approximately shown on said plan, is subject to the rights of all persons lawfully entitled thereto in and over the same, as affected by a release deed given by Silvia fi Silvia Associates, Incorporated to David P. Woods at ux, dated Jane 10, 1986 duly recorded in Book 5867 Page 259. . Lots 4 sAd 7 ate subject to protective covenants as set forth in an instrument dated October 29. 1984 duly recorded in Book 4299, Page 311. Lots 4 and 7 are subject to a covenant and agreement between Silvia 6 Silvia Associates, Incorporated and the Barnstable Planning Board, dated . September 17, 1985 duly recorded in Book 5536, Page 18, as affected by a certificate of performance dated October 5, 1987 duly recorded in Book 5971. Page 200. So such of Lots 4 and 7 as is included within the limits of Beech Leaf Island Road is subject to the rights of all persons lawfully entitled thereto in and over the same, and there is appurtenant to said land the right to use Beech Leaf Island Road as shown on said plan and also as shown on Land Court Plan No. 41594-A, to and from said land and Bay Lane in common with all other persons lawful- ly entitled thereto for all purposes for which streets or ways ass commonly used in said Barnstable. Lot 4 is subject to such rights as may exist in and to the Ditch (4.00 Wide), approximately shoran on said .plan. Lots 4 and 7 are subject to grants and reservations set forth in two deeds given by Silvia & Silvia Associatea, Incorporated, one to Thornberry, Inc., dated October 29, 1984 duly recorded in Book 4305. Page 273.. and one to Beech Leaf Island, Inc., dated October 29, 1984 duly retarded in Book 4305, Page 276. Lot 4 is subject to such rights as may exist in the Easement (20.00 Hide), approximately shown on said plan. Lot 4 is subject to the terns set forth in an Order of Conditions issued by the Barnstable Conservation Commission, dated May 69 1996 duly recorded in Book 5089, Page 159. as affected by an Extension Permit duly recorded on February 2, 1989 in Bock 6615, Page 207. as amended by an instrument dated April 17, 1490 duly recorded in Book 7162, Page 219. and as affected by an Extension Permit, dated April 17, 1990 duly recorded in Book 7162 Page 223. And it is further certified that. said land is under the operation and provi- sions of Chapter 185 of the General Lasts, and that the title of said Brian T. Dacey, Trustee as aforesaid to said land is registered under said Chapter, subject, however, to any of the encum- brances mentioned in Section forty-six of said Chapter, which may subsiating. . WITNESS, JQM E. FEFTOH, JR., Chief Justice athe Land Court. at Barnstable, in said County of Barnstable, the twenty-ninth day of May in the year nineteen hundred and ninety-two, at '10 o'clock and 00 minutes. Attest, with the goal of said Court, JORtt F. MEADE, Assistant Recorder, Land Court-Caae No. 41594 & 41630 Adak qP Alk- MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE 126706 DATE OF INBrRUMMENT KENO RUNNING 1M FAVOR OP TuRms B�GNATUR6 OF ULSCNAROE LAUNDER pATF1 AND 72NE ASBMTA14T RECORONS of RSOEMATION 386.20 0/Cored. Barnstable Conservation Re: Lot 20. P1. 41394—A. 1130/86 Commission 2/1/86 11:33a.m. 464,189 Mtge. Cape Cod Bank 6 Trust Co. Lot 4 8 other Reg. Ld., 7/28/88 $2,500.000. 7/29/88 10:02a.m. 464„302 Mtge. Cape Cod Bank & Trust Co. Lot 20 6 other.Reg. 7/28/88 Id., $215001000. 7/29/88 1:14p.m. 464,304 Mtge. Cape Cod Bank b Trust Co. Lot 7 6 other Reg. 7/28/88 Ld., $2,500,000. 7/29/88 1:23p.m. 472,041 97tensioi Barnstable Conservation Re: 0/Cond. -Doc. 386,210. 1/14/88 1:41p.m. CammissIon 500,359 Agree. Re: Mtge. Doc. 464,304. 216/90 2/7/90 2:21p.m. 500.561 Mtge. Cape Cod Bank &Trust Co. Lot 7 6 other Reg. Ld., 2/6/90 Soc. as stated in Mtge. 2/7/90 2:21p.m.,, Agree. `- 500,562 Assign./ Cape Cod Bank 6 Trust Co. Sea Doc. b other Reg. IA. 2/6./90 Leases S 2/7/90 2:49p.m. Rents MEMORANDA OF ENCUMBRANCES ON THE LAND^DESCRIBED IN THIS CERTIFICATE 126706 DATz or norRummm DOCUMENT' WCWATURS Or INWHAROR 1iVMBZit =IltD RUNKINO IN p'AVOR OIL TERMS DATE AND TIME ASSISTANT RECORDER or RSOTSIRATION 500,576 Agree. Re: Mtge. Doc. 464,302. 2/6/90 2/7/90 2:49p.m. 500;577 Mtge. & . Cape Cod Bank 8 Trust Co. Lot 20 6 other Reg. Ld.. 2/6/90 Sea• as .stated is Mtge. 2/7/90 2:49p.m. Agree. 500,578 Assign./ Cape Cod Bank S Trust Co. See Doc. 6:other Reg. Ld. 2/6/90 Leases. 6 2/7/90 2:49p.m. Rents .. -- �`j►� 500,581 1 Agree.. Cape Cod Bank Trust Co. Re: Mtge. Doc. 464,189. 2/6/90 2/7/90 3:02p.m. 500,582 Mtge. 8 " Cape Cod Dank S Trust Co. Rat Lot 4 6 other Rag. IA., 2/6/90 Sea. as stated in Mtge. 2/7/90 3:02p.m. j Agree.. 500,583 Assign./ Cape Cod Bank 14 Trust Co. See Doc. 6 other Reg. Ld. 2/6/90 Leases S 2/7/90 3:02p.m. Rents 545.7% Extensio Re: 0/Cord. Doc. 396,210. 10/11/40 2/23/92 3:57p.m. 554,006 Deel.. of Thornberry Lane Nominee Truit See Doc. 5/26/92 Trust 5/29/92 10:00a.m. I MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE 126706 DATE OP INSTRUMENTDOCUMENT SIGNATURE NtThWERRIND RUNNING IN PAVOR OP TERIIS DATX AND TIME ASXV`rANT RRoORDSR or DiSL�tAROE • OF Rl4TbTRATSOIi 554,011 Mtge. Cape Cod. Bank & Trust Co. Lots 4, 7 & 20 & other 5/28/92 6 p Reg. Ld.. $475.000. 5129/92 10:01a.m. �ATTEST: AftT.REOGRDffiR 554,013 Extenaio Barnstable Conservation Re: 0/Cond. Bk. 5089, 4/17/90 Permit Commission. Pg. 159 (Lot 4). 5/29192 10:01a.m. .--•' 554,017. Batensio Barnstable Conservation Re: O/Cond. Bk. 5518, 6/11/90 Permit Commaission Pg. 175 (Lot 7). 5/29/92 10:01a.m. 554,019 Par..Rel Rol. Lot 4 fr. Mtge. Does. 5/28/92 464,189 6 500,582 & Assiga. D 5/29/92 ,10:02a.m. 500,583; Lot 7 fr. Mtge. Does. 464,304 & 500,561. E Assign. Doc. 464'302 & 500,577 &:Assign. Doc. 500:578. 1BepiAlpED -3-9a, sv occ,aa�d/,�3'd 554,022 Mtga. Gabrisl:C. Tagher, at ux Lot 20, $40,000.` 5/28/92 A17b•BT: ANT.FACCppg 5129/92 10:25a.m. �. ., <5A ce,M.,w-erg S60 bbs/ 8 a e 9 a.) �.0• �+630-� ��• �- 8- ao-4a �a.aa A 560(65 dD 000'�'& P w*-n- La _ r: 4 a:�a SEE crF No: MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE DATE OF IIlrl?RImt" _ _ UMBER RT KIND RUNNING IN FAVOR OT TERK5 DATM AND 72DM AsstrrAIIT sECORDER OF D>Sf7iARl3>Z NUMBER 07 REaZQPRATION 'Ik 5 .Jett a.er19 �crF No-. l ,�'i a a Y 4 S �� � 3f s P�krG3c-h . 30- wr:., KAN:hk . A SW CV.k0: �3 i( -�rf-Q 3 -b b 1nr.�.� 1�V�o 3N t ppp, t 2-�t 3104 A r r Book 1046 Page 4 Doc. No. 560.666 Ctf. No. 127564 TRANSFER CERTIFICATE OF TITLE From Transfer Certificate No. 126706 Originally Registered May 29, 1992, In Registration Book 1038 Page 106 for the Registry District of Barnstable County. THIS IS TO CERTIFY that David P. Woods, vith • mailing address of P. 0. Box 355, Centerville, Massachusetts 02632, is the owner(s) in fee simple �tnllJUl�J�tiL`�LSlStU of that land situated in Barnstable in the Couftty of Barnstable and Commorh*ealth of Massachusetts, bounded and described as follows: LOT 7 PLAN 41630-A Said land is subject to protective covenants restrictions, j p , rights and reservations made by Silvia 6 Silvia Associates, Incorporated, dated August 20, 1982 duly recorded in Book 3546 Page 133. Said land is subject to the terms set forth in the Order of Condi Lions issued by the Town of Barnstable Conservation Commission, dated August 16, 1982 duly recorded in Book 3558, Page 332, as affected by a Certificate of Compli- ante, dated May 27, 1983 duly recorded in Book 3761 Page 315. Said land is subject to reservations set forth in a deed given by Silvia & Silvia Associates, Incorporated to Floyd J: Silvia et al, Trustees, dated June 8. 1994 duly recorded in Book 4141 Page 67. Said land is subject to utility easements set forth in. a grant made by Silvia & Silvia Associates, Incorporated to Commonwealth Electric Company and New England Telephone 6 Telegraph Company, dated October 4, 1984 duly recorded in Book 4276 Page 031. Said land is subject to the terms set forth in an Order of Condi- tions issued by the Barnstable Conservation Commission, dated February 19, 1987 duly recorded in Book 6104 Page 75, as affected by a Certificate of Compliance, dated November 25, 1987 duly recorded in Book 6104 Page 79. Said land is subject to the terms set forth in an Order of Condi-• tions issued by the Barnstable Conservation Commission, dated November 5, 1986 duly recorded in Book 5518 Page 175, as amended by an instrument dated April 17, 1990 duly recorded in Book 7162 Page 213. and as affected by .taro Extension Permits, one dated May 8. 1990 duly recorded in Book 7162 Page 217, and one dated June 11, 1990 duly recorded Sn Book 7200 Page 254. Said land is subject to the terms set forth in an Order of Condi- tions issued by the Commonwealth of Massachusetts..Depaxtment of Environmental Qoali- ty Engineering duly. recorded on October 6, 1987 in Book 5963 Page 89, as affected by three instrumentsi one an Extension Permit duly recorded on October 13, 1987 in Book 5971 Page 201; one a .Partial Certificate of Compliance, dated Kay 24, 1988 duly recorded in Book 6338 Page 130; and one a Certificate of Compliance, dated December 6, 1988 duly recorded in Book 6563 Page 272. So much of said land as is included within the limits of the Way, approximately shown on said plan, is subject to the rights of all persons lawfully entitled thereto in and over the same, as affected by a release deed given by Silvia 6.Silvia Associates, Incorporated to David P. floods et we, dated June 10, 1986 duly recorded in Book 5867 Page 259. Said. land is subject to protective covenants as set forth in an instruamt dated October 29, 1984 duly recorded in Book 4299 Page 311, s u Silvia & a covenant and agreement between via Said land to subject to Silvia Associates, Incorporated and the Barnstable Planning Board, dated September 17, 1985 duly recorded in Book 5536 Page 18, as affected by a certificate of perfor- mance dated October 5, 1987 duly recorded in Book 5971 Page 200. So much of said land as is included within the limits of Beech Leaf Island Road is subject to the rights of all persons lawfully entitled thereto in and over the same, and there is appurtenant to said land the right to use Beech Leaf Island Road as shown on said plan and also as shown on Land Court Plan No. 41594-A to and from said land and Bay Lane in common with all other persons lawfully entitled thereto fey all purposes for which streets or ways are commonly used in said Barnstable. Said land is subject to grants and reservations set forth in two deeds given by Silvia & Silvia Associates, Incorporated, one to Thornb*M, Inc., dated October 29, 1984 duly recorded in Book 4305 Page 273. and one to Beech Leaf Island, Inc., dated October 29, 1984 dimly recorded in Book 4305 Page 276. And it is further certified that said lead is under the operation dad provi $ions of Chapte-r 185 of the General Laws, and that the title of said David P. Woods to said land is registered under said Chapter, subject, however, to any of the encum- brances mentioned in Section forty-six of said Chapter, which may be subsisting. UIIMgSS, JONN E. FENTON, JB., Chief Justice of the Land Court, at Barnstable, in said County of Barnstable, the twentieth day of August in the year nineteen hundred and ninety-two, at 12 o'clock and 22 9linutes. Attest; with the Seal of said Court, JOHN F. HEADS, Assistant 8ecor .er. Land Court Case No. 41630 MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED 1N THIS CERTIFICATE 127564 DOcumic t DATz OF IIMMVMENT _ :NUMBER � RUNNINO W.FAVOR o! TrAu" DATE AND TIDE ASSWANT RECORDER NATURZ Or DISCHARGE OF RWIWMATION 553 416. Notice See Decree. 5/20/92 5/21/92 1:12p.m. v "t 554,011 Mtge. Cape Cod Bank 6 Trust Co. Lot 7 e other Reg. id., 5/28/92 $475,000. 5/29192 10:01a.m. 554,017 Extensia a Barnstable-Conservation Re: O/Cond. Book 5518 6/11/90 Permit Commission Page 175. 5/29/92 10:01a.m. 560,663 Ease. Rights over Lots 8 8 9, P1. 8/18/92 �_- 41630-A appe, to Lot 7, said 8/20/92 12:22p.m. plat► for common driveway utilities easement. 560,664 Ease. Rights over Lots 8 & 9,.P1. 8/20/92 41630E appt. to Lot` 7 on 8/20/92 12:22p.m. plan. �G•�- r _ �...,.. -r.:'•..'�. 561,142 Par. Rol. 'Brian T. Decoy Rol. Lot 7. Pl. 41630-A 8 8/24/92 Ease. Doc. 560,663 from Mtge. 8/26/92 10:04a.m. Doe. 554.011. LOT 'L—PEAN:mod-4 SEE CTf.No:.L�.,��?� 1�-1-4-q 4 t�30 5Dg .1Jo� to- u- Land Court Certificate-Search Results 4/21/16 6:50 AM BARNSTABLE LAND COURT REGISTRY DISTRICT JOHN F. MEADE, REGISTER Land Court by Certificate# Search Certificate #: 135872 Previous Show Print Cart 4 Print Listing) Certificate Listing Doc. No. 630,508 Ctf. No. 135872 TRANSFER CERTIFICATE OF TITLE From Certificate No. 127564, Originally Registered_ August 20,1992 in the Registry District of Barnstable County. THIS IS TO CERTIFY that MARJORIE L WOODS, of 512A South Main Street, P.O. Box 355, Centerville, Massachusetts 02632, the owner(s) in fee simple, of that land situated in BARNSTABLE in the county of Barnstable and the Commonwealth of Massachusetts, described as follows: LOT 7 PLAN 41630-A Said land is subject to protective covenants, restrictions, rights and reservations made by Silvia &Silvia Associates, Incorporated, dated August 20, 1982 duly recorded in Book 3546 Page 133. Said land is subject to the terms set forth in the Order of Conditions issued by the Town of Barnstable Conservation Commission, dated August 16, 1982 duly recorded in Book 3558, Page 332,.as affected by a Certificate of Compliance, dated May 27, 1983 duly recorded in Book 3761 Page 315. Said land is subject to reservations set forth in a deed given by Silvia & Silvia Associates, Incorporated to Floyd J. Silvia et al, Trustees, dated June 8, 1984 duly recorded in Book 4141 Page 67. Said land is subject to utility easements set forth in a grant made by Silvia &Silvia Associates, Incorporated to Commonwealth Electric Company and New England Telephone &Telegraph Company, dated October 4, 1984 duly recorded in Book 4276 Page 031. Said land is subject to the terms set forth in an Order of Conditions issued by the Barnstable Conservation Commission, dated February 19, 1987 duly recorded in Book 6104 Page 75, as affected by a Certificate of Compliance, dated November 25, 1987 duly recorded in Book 6104 Page 79-. Said land is subject to the terms set forth in an Order of Conditions issued by the Barnstable Conservation.Commission, dated November 5, 1986 duly recorded in Book 5518 Page 175, as amended by an instrument dated April 17, 1990 duly recorded in Book 7162 Page 213, and as affected by,two Extension Permits, one dated May 8,'1990 duly recorded in Book 7162 Page 217, and one dated June 11, 1990 duly recorded in Book 7200 Page 254. Said land is subject to the terms set forth in an Order of onditions issued by the Commonwealth of Massachusetts, Department of Environmental Quality Engineering`duly recorded on October 6, 1987 in Book 5963 Page 89, as https://search.barnstabledeeds.org/ALIS/WW400R.HTM7WSIQTP=LC...TLN=00357&W9DOCN=0630508&W9DSEQ=0001&WSKYCD=F&W91MID=LcDbCtf Page 1 of 2 Land Court Certificate-Search Results 4/21/16 6:50 AN affected by three instruments: one an Extension Permit duly recorded on October 13, 1987 in Book 5971 Page 201; one a Partial Certificate of Compliance, dated May 24, 1988. duly recorded in Book 6338 Page 130; and one a Certificate of Compliance, ated December 6, 1988 duly recorded in Book 6563 Page 272. So much of said land as is included within the limits of the Way, approximately shown on said plan, is subject to the rights of all persons lawfully entitled thereto in and over the same, as affected by a release deed given by Silvia & Silvia Associates, Incorporated to David P. Woods et ux, dated June 10, 1986 duly recorded in Book 5867 Page 259. Said land is subject to protective covenants as set forth in an instrument dated October 29, 1984 duly recorded in Book 4299 Page 311. Said land is subject to a covenant and agreement between Silvia & Silvia Associates, Incorporated and the Barnstable Planning Board, dated September 17, 1985 duly recorded in Book 5536 Page 18, as affected by a certificate of performance dated October 5, 1987 duly recorded in Book 5971 Page 200. So much of said land as is included within the limits of Beech Leaf Island Road is subject to the rights of all persons lawfully entitled thereto in and over the same, and there is appurtenant to said land the right to use Beech Leaf Island Road.as shown on said plan and also as. shown on Land Court Plan No. 41594-A to and from said land and Bay Lane in common with all other persons lawfully entitled thereto for all purposes for which streets or ways are commonly used in said Barnstable. Said land is subject to grants and reservations set forth in two deeds given by Silvia &Silvia Associates, Incorporated, one to Thornberry, Inc., dated October 29, 1984 duly recorded in Book 4305 Page 273, and one to Beech Leaf Island, Inc., dated October 29, 1984 duly recorded in Book 4305 Page 276. And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said owner(s) to said land is registered under said.Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting WITNESS ROBERT V. CAUCHON, Chief Justice of the.Land Court at Barnstable, in said County of Barnstable, the twentieth day of December in the year nineteen hundred and ninety-four at 1 o'clock and 27 minutes Attest, with the Seal of said Court, JOHN F. MEADE, Assistant Recorder. Land Court Case No. 41630 4<Previous ' Show Print CartPrint Listing https://search.barnstabledeeds.org/ALIS/WW400R.HTM?WSIQTP=LC...TLN=00357&W9DOCN=0630508&W9DSEQ=0001&WSKYCD=F&W91MID=LcDbCtf Page 2 of 2 Land Court Certificate-Search Results 4/21/16 6:S0 AM BARNSTABLE LAND COURT REGISTRY DISTRICT JW! F. WADE, REGISTER Land Court by Certificate# Search Certificate #: 138315 Previous I Show Print Carta Pratt Llstin Certificate Lasting Doc. No. 647,963 , Ctf. No. 138315 TRANSFER CERTIFICATE OF TITLE From Certificate No. 135872, Originally Registered December 20,1994 in the Registry District of Barnstable County. THIS IS TO CERTIFY that ELLEN W REYNOLDS, ANDREA W GAUVREAU, ROBIN W CRAMER, of P.O. Box 355, Centerville, Massachusetts 02632, for an undivided one-half(1/2) interest, as tenants in common, MARJORIE L WOODS, , for an undivided one-half(1/2) interest, the owner(s) in fee simple, of that land situated in BARNSTABLE in the county of Barnstable and the Commonwealth of Massachusetts, described as follows: LOT 7 PLAN 41630-A 4 Said land is subject to protective covenants, restrictions, rights land reservations made by Silvia &Silvia Associates, Incorporated, dated August 20, 982 duly recorded in Book 3546 Page 133. Said land is subject to the terms set forth in the Order of Conditions issued by the Town of Barnstable Conservation Commission, dated August 16, 1982 duly recorded in.Book 3558, Page 332, as affected by a Certificate of Compliance, dated May 27, 1983 duly recorded in Book 3761 Page 315. Said land is subject to reservations set forth in a deed given by Silvia & Silvia Associates, Incorporated to Floyd J. Silvia et al, Trustees, dated June 8, 1984 duly.recorded in Book 4141 Page 67. Said land is subject to utility easements set forth in a grant made by Silvia & Silvia Associates, Incorporated to Commonwealth Electric Company and New England Telephone &Telegraph Company, dated October 4, 1984 duly recorded in Book 4276 Page 031. Said land is subject to the terms set forth in an Order of Conditions issued by the Barnstable Conservation Commission, dated February 19, 1987 duly recorded in Book 6104 Page 75, as affected by a Certificate of Compliance, dated November 25, 1987 duly recorded in Book 6104 Page 79. Said land is subject to the terms set forth in an Order of Conditions issued by the.Barnstable Conservation Commission, dated November 5, 1986 duly recorded in Book 5518 Page 175, as amended by an instrument dated April 17„ 990 duly recorded in Book 7162 Page 213, and as affected by two Extension Permits, - r19e dated May 8, 1990 duly recorded in Book 7162 Page 217, and one dated June 11, 90 duly recorded in Book 7200 Page 254. https://search.barnstabledeeds.org/ALIS/WW400R.HTM?WSIQTP=LC...TLN=00251&W9DOCN=0647963&W9DSEQ=0001&WSKYCD=F&W91MID=LcDbCtf Page 1 of 2 Land Court Certificate-Search Results 4/21/16 6:50 AN Said land is subject to the terms set forth in an Order of Conditions issued by the Commonwealth of Massachusetts, Department of Environmental ALQuality Engineering duly recorded on October 6, 1987 in Book 5963 Page 89, as :cited by three instruments: one an Extension Permit duly recorded on October 13, 1.987 in Book 5971 Page 201; one a Partial Certificate of Compliance, dated May 24, 1988 duly recorded in Book 6338 Page 130; and one a Certificate of Compliance, dated December 6, 1988 duly recorded in Book 6563 Page.272._ So much of said land as is included within the limits of the Way, approximately shown on said plan, is subject to the rights of all persons lawfully entitled thereto in and over the same, as affected by a release deed given by Silvia & Silvia Associates, Incorporated to David P. Woods et ux, dated June 10, 1986 duly recorded in Book 5867 Page 259. Said land is subject to protective covenants as set forth in an instrument dated October 29, 1984 duly recorded in Book 4299 Page 311. Said land is subject to a covenant and agreement between Silvia & k Silvia Associates, Incorporated and the Barnstable Planning Board, dated September 17, 1985 duly recorded in Book 5536 Page 18, as affected by a certificate of performance dated October 5, 1987 duly recorded in Book 5971 Page 200. So much of said land as is included within the limits of Beech Leaf Island Road is subject to the rights of all persons lawfully entitled thereto in and over the same, and there is appurtenant to said land the right to use Beech Leaf Island Road as shown on said plan and also as shown on Land Court Plan No. 41594-A to and from said land and Bay Lane in common with all other persons lawfully entitled thereto for all purposes for which streets or ways are commonly used in said Barnstable. Said land is subject to grants and reservations set forth in two deeds given by Silvia & Silvia Associates, Incorporated, one to Thornberry, Inc., dated October 29, 1984 duly recorded in Book 4305 Page 273, and one to Beech Leaf Island, Inc., dated October 29, 1984 duly recorded in Book 4305 Page 276. And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said owner(s) to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting WITNESS ROBERT V. CAUCHON, Chief Justice of the'Land Court at Barnstable, in said County of Barnstable, the eighteenth day of September in the year nineteen hundred and ninety-five . at 3 o'clock and 39 minutes Attest, with the Seal of said Court, JOHN F. MEADE, Assistant Recorder. Land Court,Case No. 41630 - <Pr� evious�Show Print Cart Print:Listing https://search.barnstabledeeds.org/ALIS/WW400R.HTM?wSlQTP=LC...TLN=00251&W9DOCN=0647963&W9DSEQ=0001&WSKYCD=F&W91MID=LcDbCtf Page 2 of 2 Land Court Certificate-Search Results 4/21/16 6:4S AA BARNSTABLE LAND COURT REGISTRY DISTRICT JOHN F. MEADE, REGISTER Land Court by Certificate Search Certificate #: 139822 <Previous Show Print Cart Print Listing j Certificate Listing Doc. No. 658,768 Ctf. No. 139822 r TRANSFER CERTIFICATE OF TITLE From Certificate No. 138315, Originally Registered September 18,1995 in the Registry District of Barnstable County. THIS IS TO CERTIFY that ELLEN W REYNOLDS, of Denver, Colorado, ANDREA W GAUVREAU, of Falmouth, Maine, ROBIN W CRAMER, of Fart Collins, Colorado, as tenants in common, with a mailing address of P.O. Box 355, Centerville, Massachusetts 02632, the owner(s) in fee simple, of that land situated in BARNSTABLE in the county of Barnstable and the Commonwealth of Massachusetts, described as follows: LOT 7 PLAN 41630-A Said land is subject to protective covenants, restrictions, rights and reservations made by Silvia &Silvia Associates, Incorporated, dated August 20, 982 duly recorded in Book 3546 Page 133. Said land is subject to the terms set forth in the Order of Conditions issued by the Town of Barnstable Conservation Commission, dated August 16, 1982 duly recorded in Book 3558, Page 332, as affected by a Certificate of. ' Compliance, dated May 27, 1983 duly recorded in Book 3761 Page 315. Said land is subject to reservations set forth in a deed given by Silvia & Silvia Associates, Incorporated to Floyd J. Silvia et al, Trustees, dated June 8, 1984 duly recorded in Book 4141 Page 67. Said land is subject to utility easements set forth in a grant made by Silvia & Silvia Associates, Incorporated to Commonwealth Electric Company and New England Telephone &Telegraph Company, dated October 4, 1984 duly recorded in Book 4276 Page 031. Said land is subject to the terms.set forth in an Order of Conditions issued by the Barnstable Conservation Commission, dated February 19, 1987 duly recorded in Book 6104 Page:75, as affected by a Certificate of Compliance, dated November 25, 1987 duly recorded.in Book 6104 Page 79. Said land is subject to the terms set forth in an Order of Conditions issued-by the Barnstable Conservation Commission, dated November.5, 1986 duly recorded in Book 5518 Page 175, as amended by an instrument dated April 17, 1990 duly recorded in Book 7162:Page 213,.and as affected by two Extension Permits., one dated May 8, 1990 duly recorded in Book 7162 Page 217, and one dated June 11, 1990 duly recorded in Book 7200 Page,254: Said land is subject tathe•terms set forth in an Order of Conditions issued by the Commonwealth of Massachusetts, Department of Envi'ronmental https://search.barnstabledeeds.org/ALIS/WW400R.HTM?WSIQTP=LC...TLN=00314&W9DOCN=0658768.&W9DSEQ=0001&WSKYCD=F&W91MID=LcDbCtf Page 1 of 2 f , Land Court Certificate-Search Results 4/21/16 6:45 AN Quality Engineering duly recorded on October 6, 1987 in Book 5963 Page 89, as affected by three instruments: one an Extension Permit duly recorded on October 13, 1987 in Book 5971 Page 201; one a Partial Certificate of Compliance, dated May 24, 988 duly recorded in Book 6338 Page 130; and one a Certificate of Compliance, ated December 6, 1988 duly recorded in Book 6563 Page 272. So much of said land as is included within the limits of the Way, approximately shown on said plan, is subject to the rights of all persons lawfully entitled thereto in and over the same, as affected by a release deed given by Silvia &Silvia Associates, Incorporated to David P. Woods et ux, dated June 10, 1986 duly recorded in Book 5867 Page 259. Said land is subject to protective covenants as set forth in an i instrument dated October 29, 1984 duly recorded in Book 4299 Page 311. Said land is subject to a covenant and agreement between Silvia & Silvia Associates, Incorporated and the Barnstable Planning Board, dated September 1.7, 1985 duly recorded in Book 5536 Page 18, as affected by a certificate of performance dated October 5, 1987 duly recorded in Book 5971 Page 200. So much of said land as is included within the limits of Beech Leaf Island Road is subject to the rights of all persons lawfully entitled thereto in and over the same, and there is appurtenant to said land the right to use Beech Leaf Island Road as shown on said plan and also as shown on Land Court Plan No. 41594-A to and from said land and Bay Lane in common with all other persons lawfully entitled thereto for all purposes for which streets or ways are commonly used in said Barnstable. Said land is subject to grants and reservations set forth in two deeds given by Silvia & Silvia Associates, Incorporated, one to Thornberry, Inc., dated October 29, 1984 duly recorded in Book 4305 Page 273, and one to Beech Leaf land, Inc., dated October 29, 1984 duly recorded in Book 4305 Page 276. And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said owner(s) to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting WITNESS ROBERT V. CA.UCHON, Chief Justice.of the Land Court at Barnstable, in said County of Barnstable, the fifteenth day of February in the year nineteen hundred and ninety-six at 2 o'clock and 10 minutes Attest, with the Seal of said Court, JOHN F. MEADE, Assistant Recorder. Land Court Case No. 41630 . <Previous.. Show Print.Cart Print Listing https:_//search.barnstabledeeds.org/ALIS/WW40OR:HTM?WSIQTP=LC...TLN=00314&W9DOCN=0658768&W9DSEQ=0001&WSKYCD=F&W91MID=LcbbCtf Page 2 of 2 .: �. S �� i • • • Map 187 Parcel 63-4 is tot 6 on LC Plan 41630-A(cOtle-blue) ���� s'°=,� ' • f/k/a Lot 31 on a plan entitled Beech Leaf Landing Phase II Land Court Plan of Land in Barnstable (Centerville) Mass.Owned By Silvia &Silvia Associates Incorporated Scale 1"=40', March 23, 1984" Baxter& Nye, Inc. Registered Land Surveyors,Osterville, MA" said plan was approved on June 8, 1984 1982, 6-2 Book 3491, Page 212 to Silvia &Silvia Associates 1984, 11-2 Book 4305, Page 276 lots 15A,28,31,33,and 35 on the pending plan were deeded out to Beech Leaf Island Inc.separating it from lot 22, prior to the zoning change of 1985, 3-1 1991,7-3 Book 7599, Page 326 to Osterville Concorde LP 1992,5-2 Cert#126642 Lots 3,6,8&10 in Osterville Concorde LP 1992,5-29 Cert#126707 Lots 3,6&9 Brian T. Dacey,Trustee,Scudder Bay Nominee Trust 1993,6-3 Cert#130614 Lot 6 to William R.Couet& Beth A.Couet 1994, 11-23 Cert#135635 Lot 6 to James N. Forster&Sylvia E. Forster Print Page Page 1 of 4 Print this page • Owner Information -Map/Block/Lot: 187/063/004-Use Code: 1010 Owner Map/Block/Lot G1�S MA PS 187/063/004 FORSTER,JAMES N&Owner Name as of SYLVIA property Address E PO BOX 56 147 BEECH LEAF ISLAND 1/1/15 ROAD CENTERVILLE, MA. 02632 Co-Owner Name Village: Centerville Town Sewer At Address: No GIS Zoning Value: RD-1 Assessed Values 2016-Map/Block/Lot: 187/063/004 - Use Code: 1010 2016 Appraised Value 2016 Assessed Value Past Comparisons Building $ 357,200 $ 357,200 Year Total Assessed Value: Value • Extra $ 66,000 $ 66,000 2015 - $ 659,900 Features: 2014 - $ 660,100. 2013- $ 660,200 Outbuildings: $4,400 $4,400 2012 - $ 663,100 Land Value: $ 260,500 $ 260,500 2011 - $ 649,700 2010 - $ 653,200 2009 - $ 717,900 $ 688100 2008 - $ 826,600 2016 Totals $ 688,100 2007 - $ 823,700 Residential Exemption Received=$90,'000 • Tax Information 2016 -Map/Block/Lot: 187/063/004 -Use Code: 1010 Taxes C.O.M.M. FD Tax $ (Residential) 1,094.08 Community Preservation $ 167.05 Fiscal Year 2016 TAX RATES HERE Act Tax Town Tax(Residential) 5,568.31 http://www.townofbarnstable.us/Assessing/printl6.asp?ap=0&searchparcel=187063004 4/21/2016 I: BaA305 fnt 276 • 53670 QUITCLAIM DEED. SILVIA AND SILVIA ASSOCIATES, INCORPORATED, a Massachusetts corporation with a usual place of business at 619 Mann Street, Barnstable (Centerville), Barnstable County, Massachusetts, grant to BEECH LEAF ISLAND, INC., a Massachusetts corporation .with a usual place of business at 619 Main Street, Barnstable (Centerville), Barnstable County, Massachusetts, for consideration paid in the amount of a -� $367620.00, , with QUITCLAIM COVENANTS, the land. situate in Barnstable (Centerville), Barnstable County, Massachusetts, bounded and described as follows: t LOTS 15A, 28, 31, 33 and 35 as shown on a plain of land tentitled "Beech Leaf Landing, Phase II, Land Court Plan of Land in BARNSTABLE (Centerville), MASS. Owned by SILVIA SILVIA ASSOCIATES, INCORPORATED, Scale 1" : 407, March 23, t t 1984, Baxter & Nye, Inc.,, Registered Land Surveyors, ;. Osterville, Mass.", which plan is duly filed with the Land Registration Office. at Boston as Land Court Plan. 41630-A, Pending, a copy of which is filed with the Barnstable County Registry of Deeds. �f Said Lots 15A, 28, 31, 33 and 35 are conveyed subject to Protective Covenants, Restrictions, Rights and Reservations Governing Beech Leaf Landing, Phase II, tuRLEvuscr+u.z Centerville, Massachusetts dated October 29, 1984 and ATTOnNBY5 AT LAW 121'MC 3TMT recorded.. in Book y , Page 311 161T 775-03�6 s t y s4E�4305 E►: 277 Said Lots 15A, 28, 31, 33 and 35 are conveyed together with the right to use Beech Leaf Island Road from Say Lane, a, public way, for all purposes for which ways are used in the ' Town of Barnstable, and the Grantor hereby reserves the right to grant similar rights for the benefit of other land of the 1 J Grantor, and any other land which the Grantor may acquire in. the future. Said Lots 15A, 28, 31, 33 and 35 are conveyed subject to a mortgage from Silvia & ,Silvia Associates, Incorporated to Melvina C. Herberger dated June 1, 1984 and recorded in Book 3491, Page 215• Said Lots 15A, 28, 31, 33 and 35 are further conveyed subject to and with the benefit of all rights, easements, restrictions, rights of way, and reservations of record insofar as the same are now in force and applicable. The consideration of $36,620.00 as set forth above is apportioned as follows: Lot 15A - $ . 0 Lot 28 — $9,155.00 Lot 31 $9.,155.0.0 Lot 33 - $9, 155,00 Lot 35 -- $9,155.00 i 4 i For title, see deed from Melvina C. Herber$er dated 1 June 1, 1982 and recorded in Book 3491 , Page 219, and Land i i} curveY 6scmnx Court Case No. 41594. t A,TtY F..V%AT(AW ,2 PM bmeeT I - 11VANNM'AA 2 € 1 BOOR4305 FCC 278 IN WITNESS WHEREOF, the said SILVIA AND SILVIA ASSOCIATES, INCORPORATED has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by RONALD J. SILVIA, its President and FLOYD J. SILVIA, its Treasurer, th' s oZ day of October, 1984. 3 SILVIA AND SILVIA ASSOCIATES, INCORPORATED By, Ronald , i via,P esident TSilvia, reasure �" THE COMMONWEALTH OF MASSACHUSEI:TS Barnstable, ss October,29 , 1984 Then personally appeared .the above-named RONALD J. • SILVIA, President and FLOYD J. SILVIA, Treasurer, and acknowledged the 'foregoing Instrument to be the free act and deed of SILVIA AND SILVIA ASSOCIATES, INCORPORATED, before me Notary Public. i. Azeoe r r. S'-c#,1 L z My commission expires 1!Ifa 19ja f 5 - CUHL�Y&SCHV4.Z ATTORMEVS AT LAW '• ' TZ PM STREET - HYA10M MA.026OF a6/71 TT5.03d8 - fll�(ik1Ul U 284 3 s ' ....�..a.-. ...r •..aw... ti..w_w .. M_. -.h..w..«-........+ •�..........+nrrwrn.w...•......,...,•+w•.wV••...wrews..M•wWw.+✓..w1f+.Ma+rpnoRnu� 't. OUITCLAIM DEED 4 Beech Leaf Island► Inc. of 619 Main Street, Centerville, Massachusetts (the "Grantor"), in full consideration of'T28` DOLLARS ($10) and V*k8T gees! -aril Tff+Vabte 4W1W*ftV8l!F_*A (not, exceeding the Mortgage debt subject to which the subject property is hereby conveyed) GRAFTS to Osterville Concorde Lmitgd' ` Partnership, a Massachusetts limited partnership of 307 Fain Street, Hyannis, Massachusetts (the "Grantee"), with QUITCI41I COVENANTS, the land with tho buildings thereon as dgscribed"in y Exhibit A attached hereto (the "Premises") and made s pjrt hereof. The Grantee is taking title subject to that certain Mortgage given by Grantor to Cape Cod Bank and Trust Company, which is ,"d,- dated July 28, 1988 and recorded in the Barnstable County •Rdgistry of Deeds at Book 6374, Page 245, which mortgage is securing a note to Cape Cod Bank and Trust Company dated Jdlj! 28,y promissory p y 1980 in the original principal amount of $2,500,00040 The Grantee is taking title subject also to that certain Second Mortgage and Security Agreement given by Grantor to Cape Cod Bank and Trust Company, which is dated February 6, 1990 in4 recorded in the Barnstable County Registry of Deeds at Book 9050, Page 300, 'which mortgage is securing A promissory note to tape Cod Sank and Trust Company dated February 6, 1.990 in the original" principal amount of $439,000.00. The Grantor has voluntarily entered into this transaction with the expressed intention of vesting absolute title in the Grantee. It is the intention of the parties that the mortgages shall not merge with the fee interest being conveyer) to Grentei herewith and shall remain as valid liens on the Premises until such time as they are properly discharged b the mortgaged. For Grantor's title see deed recorded at Book &5, Page 276. The consideration is such that no documentary stamps are required. Witness the execution and the corporate seal of said corporation this -� day 'of June, 1991. BEECH LEAF ISLAN41 INC. Rol . Silvia, President Flo J. Silviaf Treasurer w BOOK7599 FAu COMMONWEALTH OF MASSACHUSETTS S't,f�r�i✓: ss. June , 1991 1• Then personally appeared the abovd-named Ronald J. Silvia, president and Floyd, J. Silvia, Treasurer, who acknowledged the foregoing instrument to be the free act and deed of Beech Leaf Island, Inc. before me; No pub om>�ti lion , es r .r `SCjh in racrp/�4855.30E9ideed�/d.28.31,33 h ` wK7599 YAU 328 EXHIBIT "A" 4.. The land situated in Barnstable (Centerville), Barnstable County, Massachusetts, bounded and described as follows T.t1mC 2A 31, 33 and 35, as shown on a plan of land entitled "BEECH I,LAF LANDING, Phase II, Land Court Plan of Land in BARNSTABLE (Centerville), MASS. Owned by SILVIA I SILVIA ASSOCIATES, INCORPORATED, Scale l" r 401, March 23, 1984, Baxter & Nye, Inc., Registered Land Surveyors, Osterville, Maas,", which plan is duly filed with the Land Registration Office at Boston as Land Court Plats 41630-A, Pending, a copy of which is filed with the Barnstable County Registry of Deeds. said LISTS 28, 31, 33 and 35 are conveyed subject to Protective Covenants, Restrictions, Rights and Reservations Governing Beech Leaf landing, Phase II, Centerville, Massachusetts i dated October 29, 1984, and recorded in Book 4299, Page 311. Said LOTS 28, 31, 33 and 35 are conveyed together with the right to use Beech Leaf island Road from Bay Lane, a public way, for all purposes for which ways are used in the Town of Barnstable. . Said LOTS 28, 31, 33 and 35 are further conveyed subject to and with the benefit of all rights, easements, restrictions, rights of way,. and. reservations of record insofar as the same are in now in force And applicable, For title, see deed from Silvia and Silvia Associates, • Incorporated dated October 29, .1984, recorded in Book 4305, Page 276. EORB JUL 3 9 1 r.ao/t�ass,l0/9laaar tat/a.;te,ss,as f - Boole IQ3$ 'aRe 42 1►00, No* 593�4I� Ctf, Np, 1a 4 ORIGINAL CERTIFICATE OF TITLE Entered pursuant to a decree of the Land Court, dated at Boston., in title Gbugty bf Suffolk and Commonwealth of Massachusetts, the twentieth day of May in 00 yt r nineteen hundred and ninety-two, and numbered 41650 on the files of said, Godrt. e �`!W<' COPY OF DECREE COMMONWEALTH OF MASSACHUSETTS. LAND COURT. In the matter of the Complaint of Silvia and Silvia Associates, 1ne9Ypo.r,,i I numbered 41630 after consideration, the Court doth adjudge and order that Oaterville Concorde Limited Partnership, a Massachusetts limited partnership having an usual place of business in Barnstable, in the County of Barnstable, and said Commonwealth, substituted plaintiff on motion, is the owner in fee simple of certain parcels of land situate in Barno able in the County of Barnstable and Commonwealth of Massachusetts, bounded ohd d494rib%d as follows; FIRST PARCEL; Northeasterly by Beech Leaf Island Road, three hundred sixty-five and 20/100 (365.20) feet; Easterly one hundred thirty-eight (13&00) feet, and Southerly two hundred eighty-nine and 28/100 (289.28) feet by lot 4; and Westerly by lot 1, two hundred forty-seven and 61/100 (247.61) feet. Said land is shown. as lot 3 on the plan hereinafter mentioned, SECOND PARCEL; Northerly by Beech Leaf Island Road, twenty (20.00) feet; Northeasterly one hundred two and 54/100 (102.54) feet, Easterly one hundred ten and 85/100 (110.85) feet, and Southeasterly about one hundred twenty-five (125) feet by lot. ; Southwesterly by land now or formerly of Frank. G. Thacher, II; and Westerly by lot 5, about one hundred seventy--five (175) feet. Said land is shown as lot 6 on said plan. THIRD PARCEL; Northwesterly by Beech Leaf Island Road, twenty�one and 16/100 (21.16) feet; Northeasterly ninety-one. and 22/100 (91.22) feet, Northwesterly ninety-eight and 70/100 (98,70) feet, and • Northeasterly one hundred thirty-five and 05/100 (135.05) feet by lot 9; Southeasterly by lands now or formerly of Clara S. Groves and of Eva A. Praiser et al, Trustees, one hundred fifty-aix and 04/100 (156.04) feet; and Southwesterly by lot 7, two hundred eighty-three and 44/100 (283.44) feet. Said land is shown as lot 8 on said plan. F'OURTH. FARCEL: Southwesterly, Southeasterly and Southwesterly by Beech Leaf Island Road, about four hundred thirty (430) feet; Northerly, Westerly and Northeasterly by land now or formerly of Silvia & Silvia Associates, Inc., Easterly by land now or formerly of George Hammond and by lot 9, about eighty-five (85) feet; and Southeasterly ninety-five and 89/100 (95.89) feet, and Southwesterly seventy-nine and 06/100 (79.06) feet by said lot 9. Said land is shown as lot 10 on said plan. All of said boundaries, except the edge of upland, are determined by the Court to be located as shown on a plan drawn by Baxter & Nye, Inc., Surveyors, dated March 23, 1984, as modified and approved by the Court, filed ill the Land Regis- tration office, a copy of a portion of which will be filed with the original certifi- cate of title issued on. thin decree. The land hereby registered is subject to protective covenants as set forth in an instrument dated October 29, 1984, duly recorded in Book 4299, page 311. The land hereby registered is subject to s covenant and agreement between Silvia and Silvia Associates, Incorporated and .the Barnstable Planning Board, dated September 17, 1985, duly recorded_ in Book 5536, Page 18, as affected by a Cevtificate of Performance, dated October 5, 1987, duly recorded in Book 5971, Page 200. So much of the land hereby registered as is included within the limits of said Beech Leaf Island Road is subject to the right of all persons lawful- ly entitled thereto in and over the same, and there is appurtenant to the land here- by registered the right to use Beech Leaf Island Road, as shown on said plan and also as shown on Land Court Plan No. 41594A, to and from said land and Bay Lane, in common with all others persons lawfully entitled thereto, for all purposes for which streets or ways commonly are used in said Barnstable, The land hereby registered is subject to grants and reservations set forth . in two deeds given by Silvia & Silvia Associates, Incorporated, one to Thornberry, Inc,, dated October 29, 1984, duly recorded .in Book 4305, Page 273, and one to Beech Leaf Island, Inc., dated October 29, 084, duly recorded in took 4305, Page 276. So much of said lot 8 as is included within the limits of the Way, approximately shown on said plan, is subject to the rights of all persons lawfully entitled thereto in and over the same, as affected by a release deed given by Silvia and Silvia Associatea, Incorporated to David P. Woods et ux, dated June 10, 1986i duly recorded in Book 5867, Page 259. i Ctf. 126642 Said lot 3 is subject to such rights as may exist at the date of decree in and to the ditch (4.00 Wide), approximately shown on said plan, The land hereby registered is subject to the terms set forth in an Order of Conditions issued by The Commonwealth of Massachusetts, Department of Envi- ronmental Quality Engineering, duly recorded on October. 6, 1987, in Book $963, Page 89. as affected by 'three instruments, one an. Extension Permit, duly recorded on October 13. 1987, in Book 5971, Page 201, one a Partial Certificate of Compliance, dated May 24, 1988, duly recorded in Book 6338, Page 130, and one a Certificate of Compliance, dated December 6, 1988, duly recorded in Book 6563, Page 272. Said lot 3 is subject to the terms set forth in an Order of Condi- tions issued by the Barnstable Conservation Commission, dated May 6, 1986, duly recorded in Book 5089, Page 155, as affected by an Extension Permit, duly recorded on February 2, 1989, in Book 6615,' Page 205, as amended by an instrument, dated April 17, 1990, duly recorded in Book 7162, Page 225, and as affected by an Exten- sion Permit, dated April 17, 1990, duly recorded in Book 7165, Page 220. Said lot 6 is subject to the terms set forth in an Order of Condi- tions issued by the Barnstable Conservation Commission, dated May 6, 1986, duly• recorded in Book 5089. Page 163, as affected by an Extension Permit, dated January 6, 1989, duly recorded in Book 6615, Page 209, as amended by an instrument dated April 17, 1990, duly recorded in Book 7162, Page 230, and as affected by two Exten- sion Permits, one dated May 8, 1990, duly recorded in Book 7162, Page 234, and one dated June 11, 1990, duly recorded in Book 7200, Page 256, Said lot 10 is subject to the terms set forth in an order of Condi- tions issued by the Barnstable Conservation Commission, dated May, 6, ' 1986, duly recorded in Book 5089, Page 175, as affected by an Extension Permit, dated January 6, 1989, duly recorded In Book 6620, Page 143, as amended by an instrument dated April 17, 1090, duly recorded in Book 7162, page 236, and as affected by two Exten- sion Permits, one dated. May 8, 1990, duly recorded in Book 7162, Page 240, and one dated June 11, 1990, duly recorded in Book 7200, Page 258. • And the Court doth adjudge and order that said land be brought under the opera- tion and provisions of Chapter 18.5 of the General Laws, and that the title of said Osterville Concorde Limited Partnership to said land be confirmed and registered; subject, however, to any of the encumbranc- es mentioned in Section forty-six of said Chapter, which may be subsisting; and subject also as aforesaid; to a mortgage covering this and other land given by Beech Leaf Island, Inc. to Cape Cod Bauk and Trust company, dated July 28, 1988, duly registered as Document No. 464,302, and now registered as to the land hereinbefore described, as affected by a supplement to mortgage agreement between Beech Leaf Island, Inc. and Cape Cod Bank and Trust Company, dated February 6, 1990, duly regis- tered as Document No. 500,576; and to a mortgage covering thia and other land given by Beech Leaf Island, Inc to Cape Cod Bank and Trust Company, dated February 6, 1990, duly registered as Document No. 500,577, and now registered as to the land hereinbefore described, as affected by a collateral assignment of leases and rents from Beech Leaf Island, Inc. to Capp Cod Bank and Trust Company, dated February 6, 1990, duly registered as Document No. 500,578. WITNESS, JOHN E. FENTON, JR., Chief Justice of the Land Court, at Boston, in said County of Suffolk, the twentieth day of May in the year nineteen hundred and ninety-two , at ten O'clock and 00 minutes in the forenoon. Attest, with the Seal of said Charles W. Trombly, Jr., Recorder. (SEAL:) A true copy. Attest, with Seal of said Charles W. Trombly, Jr., Recorder. (SEAL.) Received for Transcription at Barnstable County Registry District, May 21, 1992 at 1 0121cck and 12 minutes p.m, A true copy: Attest, with the Seal of d Court, JOHN F. MEADE, Assistant Recorder, Land Court Case No. 41630 • MEMORANDA OF ENCUM13RANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE 126642 -.......- DATE OF INSTRUMENT DOCUMENT KIND 'RUNNING tN FAVOR of � 'PERMS SL6NA'Y't1Y{EC OF DISCHARGE NUMBER DATE l4kTD TtI+tE ASSISTANT RECORDER of R7:01STRATION 464002 Mtge. s Cape Cod Bank & Trust Co. Lots 3, 6, 8, 10 & other Reg. 7/28/88 j Ld., $2,500,000. 7/Z9/88 1:14p.xt. --� Doe. 464 509,576 Agree. Cape Cad Bank & Trust Co. Re: Mtge. 302. 216190, 2/7190 2:49p.m. 500,577 Mtge. & Cape Cod Bank & Trust Co. Re: Lots 3, 6, 8, 10 & other 216/90 See. Agree. Reg. Ld., as stated in Mtge. 2/7/90 2:49p.m. t 500,578 Assign. cf Cape Cod Bank & Trust Co. See Doc. & other Reg. Ld. 216/90 Leases & 2/7/90 2:49p.m. Rents E. C �t 1_� ✓. 554,001 Deed Brian T. Dacey, Tr. Lot 8, Pl. 41630 A See CC£.. 5115/92 126705. 5/2.9192 10:00a.m. 5540007 Deed Brian T. Dacey, Tr. Lot 3, Pl. 41630 A See Ctf. 5/15/92 No 126707. 5129/92 10:0Da.m. 554008 Deed E Brian T. Dacey, Tr. Lot 6, Pl. 41630—A See Ct.£. 5/15/92 12,6707. 5129/92 10:00a.m. �... 5544,012 .Extra. Barnstable Conservation Re: O/Cond. Bk. 5089 Pg. .175 6/11/90 Permit Commission (Lot 10). .5129/92 10:Ola.m. �. MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE I7OCSJDdEM[ KIND RUNNING}IN FAVOR OF TERrSS DATE OF TNSTR 1MENT SIGNATURE OF DISCHARGE NIIkIBER DATE AND TIME ASSISTANT RECORDER OF REGISTRATION rl S- 16,6v .mil I Nun ------------- i i Book 1038 Page 107 Doc. NOS.a 554,007 554,008 554,009 • Ctf. Ho, 126707 TRANSFER CERTIFICATE OF TITLE From Original Certificate No. 126641 Originally Registered May 21, 1992. . Original 126642 May 21., 1992, in Registration Book 1038 Page 4.1 for the: Registry District of Barnstable County. 1038 42 THIS IS TO CERTIFY that Brian T. Lacey, 'Trustee of Scudder Bay Nominee Trust, under a Declaration of Trust, dated May 26, 1992 being Document No. 554,010, with a mail- ing address of P. 0. Box 95, Centerville, Barnstable County, Massachusetts 02632, is the owner(s) in fee simple of that land situated in Barnstable in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as foizowat LOTS 3, 6 AND 9 . PLAN 41630-A All of said land is subject to protective. covexiaata as Set forth 14 an instrument dated October 29, 1984 duly recorded in Book .4299, Page 311. Lot 3 is subject to the terms set forth in an Order of Conditions . issued by the Barnstable Conservation Commission, dated May 6, 1986 duly recorded iu Book 5089, Page 155, as affected by an Extension Permit duly recorded on February 2, 1989 in Book 6615, Page 205, as amended by an instrument, dated April 17, 1990 duly recorded in Book 7162, Page 225, and as affected by an Extension Permit, dated April 17, 1990 duly recorded in Boiok 7165, Page 220. So much of the land as is included within the limits of Beech Leaf Island Road is subject to the rights of all persons lawfully entitled thereto in and over the same, and there is appurtenant to said land the right to use. Beech Leaf Island Read as shown on said plan and also as shown on Land Court Plan No. 41594-A, to and from said land and Bay Lane in common with all other persons lawful- ly entitled thereto for all purposes for which streets or ways are commonly used in. said Barnstable. All: of said land in subject to grants and reservations set forth in two deeds given by Silvia & Silvia Associates, Incorporated, one to Thornberry. Inc., dated October 29,. 1984 duly recorded in Book 43050 Page 273, and one to Beech Leaf Island, Inc., dated October 29, 1984 duly recorded in Book .4305, Page 276. Lot 3 is subject to such rights as may exist in, and to the Ditch (4.00 Wide), approximately shown on said plan. All of said land is subject to the terms set forth in an order of Conditions issued by the Commonwealth of Massachusetts, Department of Environmental Quality Engineering, duly recorded on October 6, 1987 in Book 5963, Page 89, as affected by three instruments, one an Extension Permit duly recorded on October 13, 1987 in Book 5971, Page 201; one a Partial Certificate of Compliance, dated May 24., 190 duly recorded in Book 6338, Page 130; and one a Certificate of Compliance, dated December 6, 1988 duly recorded in Book 6563, Page 272. Lot 9 is subject to the terms set forth in an Order of Conditions issued by the Barnstable Conservation Commission, dated May 6, 1986 duly recorded in Book 50891 Page 171, as affected by an Extension Permit, duly recorded on February 2, 1999 in Book 6615, Page 213, as amended by an instrument dated April 17, 1990 duly recorded in Book 7162, Page 207, and as affected by two Extension Permits, one dated May 8, 199.0 duly recorded in Book 7162, Page 211, and one dated June 11, 1990 duly recorded in Book 7200, Page 252, So much of Lot 9 as is included within the l zita' of the Way: . approximately shoran on said plan, is subject to the right$ of all persons lawfully entitled thereto in and over the same, as affected by a release deed given by Silvia & Silvia Associates, Incorporated to David P. Woods et ux, dated June 10, 1986 duly recorded in Book 5867 Page 259. Lot 6 is subject to the terms set forth in an Order of Conditions issued by the Barnstable Conservation Commission, dated may 6, 1986 duly recorded in Book 5089, Page 163, as affected by an Extension Permit, dated January 6, 1989 duly recorded in Book 6615, Page 209, as amended by an instrument dated April 17, 1990 duly recorded in Book 7162, Page 230, and as affected by two Extension Permits, one dated May 8, 1990 duly recorded in Book 7162, Page 234, and one dated June 11, 1990 duly recorded in Book 7200, Page 256. All of said land is subject to a covenant and agreement between Silvia & Silvia associates, Incorporated and the Barnstable Planning Board, dated September 17, 1985 duly recorded in Book 5536, Page 18, as affected by a Certificate of Performance, dated October 5, 1987 duly recorded in Book 5971, Page 200, And it is further certified, that said land is under the operation, and provi� . sions of Chalster 185 of the General Laws, and that the title of said Brian T. Dacey, Trustee,as aforesaid to said land is registered under said Chapter, subject, however, to any of the encum- brances mentioned in. Section forty-six of said Chapter, 'which may be subsisting. WITNESS, JOHN E. FENTON, JR., Chief Justice of the Land Court, at Barnstable, in said County of Barnstable, the twenty ninth day of May in the year nineteen hundred and ninety-tiro, at 10 o'clock and 04 minutes. Attest, with the Seal of said Courts JOHN P. MEADE, Assistant Recorder. Land Court Case No. 41630 0 0 MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE 126707 DOCFJBM"NT DATE OF 3NST UKENT SIONATDRE OP NUMBER KIND RUNNING rK FAVOR OF TERMS DATV AND TIME ASSISTANT RECORDER DISCHARGE - OF REGISTRATION 464,302 Mtge. Cape Cod Bank & Trust Co. Lots 3 4 6 & other Reg. 7/28/88 Ld., $2,500.000. 7129/88 1:14p.m. 464,304 Mtge. Cape Cod Bank &Trust Co. Lot 9 b other Reg. 7/28/88 Ld., $2,500,000. 7/29/88 1:23p.-m. 500,559 Agree. Cape Cod Bank Trust Co. Re: Mtge.. Doc. 464.304. 2/6/94 2/7/90 2:21p.m. 500,561 Mtge, & Cape Cod Bank & Trust Co. Lot 9 & other Reg. Ld., Z/6/90 See. as staved in Mtge. 2/7/90 2:21p.m. Agree. G. . 500,562 Assign./ Cape Cad Bank & Trust Co. See Doe. &other Reg. Ld. 2/6/90 Leases & 2/7/90 2:49p.m, C`} Rento 500,576 Agree. Cape Cod Bank & Trust Co. Re: Mtge. floe. 464,302. 2/6/90 2/7/90 2:49p.m. .� �a•.� . 500,577 Mtge. &• Cape Cod Bank & Trust Co. Re: Lots 3 & 6 b other Reg. 2/6/90 Sea. Ld., as stated In Mtge. 2/7/90 2:49p.m. Agree 500,578 Assign./ Cape Cod Bank & Trust Co. - .See Doc..& other Reg. Ld. 2/6/90 Leases & 2/7/90 2:49P.«m. Rents �� c� MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE 126707 DATE or INUMIIMENT NUMBER ENT RUNNING IN PAVOR OR TERUS DATE AND TIME AWIVrANT RF=RDER MSCHARGE OP REGISTRATION 554,010 TJecl. v Scadder Say Nominee Trust See Doc. 5/26192 Trust 5/29192 10:01a..m, 554,011 Mtge. Cape Cod Bank & Trust Co. hots 3, 6, & 9 & .other 5/28/92 Reg. Ld., $475,000. 5129/92 10:01a.m. wsC A n f/_fig?_Q3 &7TL'S"f• h'35'f.RECGftpER .. I 554,014 Exten8ioL Barnstable Conservation Re: 0/Cond. Book 5089: 6/11/90 Permit. Commission Page 171. (Lot 9). 5/25/92 10:01a.m. 554,015. Excensio Barnstable Conservation ate: 0/Cond. Book 5089, 6111190 Permit Commission Page 163 (Lot 6). 5/29192 10:01a.m. 554,016 Extensio. Barnstable Conservation Re: 0/Cond. Book 5089, 4/17/90 Permit Commission Page 155 (Lot 3).. 5/29/92 10:01a.m. 554,019 Par. ltel Rel. E,at 9 from Mtge. Does. 5/28/92 464,304, 500.561 & Assign. Doc 5/29/92 10:02a.m. 500,562; Lots 3 & 6 from.Mtge. Does. 464,302 & 500,577 & Assign. Doc. 500,578, fit, as-,ia ►a as �,.---.. MEMORANDA OF ENCUMBRANCES ON TIME LAND DESCRIBED IN THIS CERTIFICATE 1-6')0 7 DATE alp MumvUENT 00cublENT KIND iLtTN D410+ W FAVOR o TERMS SW'NATURE OF DMCHARGE NVA[liEB DATE ANTI rtll3E A W$TANT RF=UDER OP YilCC37HCRAT3ON t,a4 la b�f sEE CTF. NO,—Z 4 6z,4, LOT: �,a►W E cry.Ha:-='?2-2 �C 3r:5—L3 ^-A- I p 140� 6K SD 8? �J+� G' Ef7c/cp Ps /6 t /. 3-9,51 3.�/6° MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE DATE OF INSTRUMENT DOEtTR4SNT EC KIND ttubmmG IN FAVOR OP TERMB SIGNATURE OF DISCHARGE NTFTdBER AbTL AND TIME bB3ISTAAtT RECORDER OF REGISTRATION Doe. No. 586,529 Ctf. No. 130614 TRANSFER CERTIFICATE OF TITLE • From Transfer Certificate No. 126707 Originally Registered May 29, 1992, in the Registry District of Barnstable County. THIS IS To CERTIFY that William R. Court and Beth A. Couet, husband and wife, of 57 Whidah Way, Centerville, Massachusetts 02632, are the owner(s) in fee simple . as tenants by the entirety � �' 1 of that land situated in Barnstable in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows: LOT 6 PLAN 41630-A All of said land is subject to protactive covenants as set forth in an instrument dated October 29, 1984 duly recorded in took 4299. Page 311. So much of the laud as is intluded within the limits of Beech Leaf Island Road is subject to the rights of all persons lawfully entitled thereto in and over the same. and there is appurtenant to said land the right to use Beech Leaf Island Road as shown on said plan and also as shown on Land Court Plan Ao. 41594-A, to and from said land and Bay Lane in common with all other persons lawful- • ly entitled thereto for all purposes for which streets or ways are commonly used in said Barnstable. Ail of said land, is subject to grants and reservations set forth in two .deeds given by Silvia & Silvia Associates, Incorporated, one to Thornberry, Inc., dated October 29, 1984 duly recorded in Book 4305, Page 273, and one to Beech Leaf Island, Inc., dated October 29, 1984 duly recorded in Book 4305; Page 276. All of said land is subject to the terms set forth in an order of Conditions issued by the Commonwealth of Massachusetts, Department of Environmental Quality Engineering, duly recorded on October 6, 1987 in Book 5963, Page 89, as affected by three instruments! one an Extension Permit duly recorded. on October 13, 1987 in Book 5971, Page 201; one a Partial Certificate of Compliance, dated May 24, 1988 duly recorded in Book 6338, Page I30; and one a Certificate of Compliance, dated December 6, 1988 duly recorded in Book 6563, Page 272. Said land subject to the terms set forth in an Order of Condi- tions issued by the Barnstable Conservation Commission, dated May 6, 1986 duly re- corded in Book 5099, Page 163, as affected by an Extension, Permit, dated January 6, 1989 duly recorded in Book 6615, Page 209, as amended by an instrument hated April. 17, 1990 duly recorded in Book 7162, Page 230, and as affected by two Extension Permits, one dated May 8, 1990 duly reeorded in Book 7162, Page 234,.and one dated June 11, 1990 duly recorded in Rook 7200, Page 256. All of said .]..And is'subject. to a Covenant and agreement between Silvia & Silvia Associates, Incorporated and the Barnstable Planning Board, ,sated September 17, 1985 duly recorded in. Book 5536, Page 18, as affected by a Certificate of Performance, dated October 5, 1987 duly recorded in Book 597'1, Page 200, • I And it is further certified that said Iand is under the operation and provi- sions of Chapter 185 of the General Laws, and that the title of said William R. Couet and Beth A. Couet to said land is registered under said Chapter, subject, however, to any of the encum- brances mentioned in Section forty-six of said Chapter, which may be subsisting. WTTNESS,,RUBERT V. CAUCHON, Chief Justice of the .Land Court, at .Barnstable, in said County of Barnstable, the thirtieth day of June in`the year nineteen. hundred and,ninety'-three, at 3 o'clock and 39 minutes. Attest, ifith the Seal of said Court, JOHN F. MEAAE, Assistant Recorder. Land Court Case No 41630 • 130614 MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE 586,s29 DATE OF INSTRUMENT UOCUMEMC KIND 3LUNNING I�f F'AWQR OF` TEItlxIS SIGNATURE OF* 3P7}wsEft DATE AND.TIME ASSISTANT RECORIPM DLSCIIARG£ OF RE07STRATTON 533,419 N SEE DECREE 05-20-1992 2 05-21-19.92 1:12 554,011 M CAPE COD BANK & TRUST CO 3-9 14 15 & 20 VARI PLS 05-28-1992 1 $475,000.00 05-29-1992 10:01l.w,,, 599,11b 1 554,015 0 BARNSTABLE CONSERVATION EXTENSION BK 508.9 PG 163 06-11-1990 ` 1 COMMISSION - 05-29-1992 10z01 586,530 hf CAPE COD FIVE CENTS 6.. 41630-A 06-30-1993 ~" 1 SAVINGS BANK $48,750.00 06-30-1993 3:39 ft ,L 631,06.11 1 586,992 PR.JM BRIAN T DACEY (AS TR) 6 41630-A 554,011 07-02-1993 i 07-07-1993 2:54 628,810 DD .1AMES. N FORSTER (&O) 1130614 6 416.30-A 11-23-1994 06,000.00 11-23-1994 11:41 ' �J C f Land Court Certificate -Search Results Page 1 of 2 BARNSTABLIE LAND COURT REGISTRY DISTRICT JOHN F. MEADE, REGISTER • Land Court by Certificate# Search Certificate#: 135635 <Previous Show Print Cart Print Listing Certificate Listing Doc. No. 628,810 Ctf. No. 135635 TRANSFER CERTIFICATE OF TITLE From Certificate No. 130614, Originally Registered June 30,1993 in the Registry District of Barnstable County. THIS IS TO CERTIFY that JAMES N FORSTER, SYLVIA E FORSTER, husband and wife, as tenants by the enitirety, of 209 South Street, Foxborough, Massachusetts 02035-0186, the owner(s) in fee simple, of that land situated in BARNSTABLE in the county of Barnstable and the Commonwealth of Massachusetts, described as follows: LOT 6 PLAN 41630-A All of said land is subject to protective covenants as set forth in an instrument dated October 29, 1984 duly recorded in Book 4299 Page 311. • So much of the land as is included within the limits of Beech Leaf Island Road is subject to the rights of all persons lawfully entitled thereto in and over the same, and there is appurtenant.to said land the right to use Beech Leaf Island Road as shown on said plan and also as shown on Land Court Plan No. 41594-A,to and from said land and Bay Lane in common with all other persons lawfully entitled thereto for all purposes for which streets or ways are commonly used in said Barnstable. All of said land is subject to grants and reservations set forth in two deeds given by Silvia &Silvia Associates, Incorporated, one to Thornberry, Inc., dated October 29, 1984 duly recorded in Book 4305, Page 273, and one to Beech Leaf Island, Inc., dated October 29, 1984 duly recorded in Book 4305, Page 276. All of said land is subject to the terms set forth in an Order of Conditions issued by the Commonwealth of Massachusetts, Department of Environmental Quality Engineering, duly recorded on October 6, 1987 in Book 5963, Page 89, as affected by three instruments: one an Extension Permit duly recorded on October 13, 1987 in Book 5971, Page 201; one a Partial Certificate of Compliance, dated May 24, 1988 duly recorded in Book 6338, Page 130; and one a Certificate of Compliance, dated December 6, 1988 duly recorded in Book 6563, Page 272. Said land subject to the terms set forth in an Order of Conditions ' issued by the Barnstable Conservation Commission, dated May 6, 1986 duly recorded in Book 5089, Page 163; as affected by an Extension Permit, dated January 6, 1989 duly recorded in Book.6615, Page.209, as amended by an instrument dated April 17, 1990 duly recorded in Book 6615, Page 209, as amended by an instrument dated April 17, 1990 duly recorded in Book 7162, Page 230, and as affected by two Extension Permits, one dated May 8, 1990 duly recorded in Book 7162, Page 234,and one dated • June 11, 1990 duly recorded in Book 7200, Page 256. All of said land is subject to a covenant and agreement between Silvia&Silvia Associates, Incorporated and the Barnstable Planning Board, dated https:Hsearch.barnstabledeeds.org/ALIS/WW400R.HTM?WSIQTP=LC 121&W9RCCY=l. 4/21/2016 THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) I A , m / �C(�'J LI DATA Land Court Ce Page 2 of 2 xtzfic,te -Sef rch Results September 17, 1gE}5 dulyas affected by a Sertembe 1 , recorded in Book;$536, i,,9p �,,,rded in Book 5971, Page 200, �fOrmence,dated Qctober 5, 19�7 duiV rea Anh i tion and rovisions t is further certified thatP of Ghapt6r 18h of thq saki land is uhder the yid owner(s) to said o Cd is re i I General Laws, and that the title of ra any of the encumbrances 9is�red Una&said Chapter, sa,bject, howet��;r t o subsisting mentioned ill Section fob W Y six of mid Chapter which tray�ourL at Barnstable, in said Count WITNESS Rarhsta le CAU+CMON, Chief justice of the Land t County Of Barnstable, the tvVehty-third day o indred and ninety-four -f NoVetnber in the year ttinetOen h at 11 O'clock and 41 ntinu Attett,with the Seel Of said Court, -order. JOHN F. MADE, Assistant Rec Land Court CaSe No. 41630 cPtevious _ Shc+�Print Cent Right listing _ • https://search,b s l eedstOr�/AT.Ycniriz„�-a HTM?WSIQTP=LC121&W9RCCY=I... 4/21/2016 ,:sor's Office ist floor ma I e.. Lot (0 3 Permit 457 onscrvation Office 4tlt floo o J 3✓ /nJ Date Issued ��/ Board of Health 3rd floor I SQ }� n Cc A/ Engineering De t. 3rd floor House# 1,41; !d 0 4- Planning Dept: (Ist floor/School Admin.Bldg.): "' t�g, °:e 6�, i i Musa.. , DeGnitive Plan Approved by Planning Board v �. 17L t ^°2 t d�0s� o ,�f f e f ' IF (Applications professed 8:30 9>30 a.m.&I:00-2'00 p.m.) �F Building Permit Application"..-s ?, Project Street A res4 Village C Fire District (hvncr ,S. F_1L _ �NbVIk EORSTI"l, Address �'j)X&]Zf7 A l)L��� 'am Telephone. Permit R^auesf 'TD CAN ST t,LT— P� Q�1 Le} Sf N G. EMI L L`�OtU Zoning District ,.' .` Flood Plain YV,(7 Water Protection LotSiic Z�7, .� Q Grandfathered MI6's ZoningBoard o(Appeals Authorization Recorded Current Use Proposed Use .Construction Type - Existing Information Dwellin T e: Single Family Two family multi-faruily Ape of structure Basement type Historic House Finished Old Kina's Highway ' Unfinished Number of Baths No.of Bedrooms Total Room Count(not inchidine baths) First Floor Heat Type and Fuel Central Air Fireplaces Garage: Detached Other Detached Structures: Pool Attached. Barn `None Sheds Other Builder Information Name C!,CO I 1 6%A��1-1 KN� Teleohomnumber 0P) �j�(� ®�to(0 Address , :ST :g 1 j License# w TMi o� Home Improvement Contractor# ® r(� Worker's Compensation # 1 (p90']j NEW CONSTRUCTION.OR ADDITIONS REQUIRE A SITE PLAN (AS BUILT) SHOWING EXISTING; AS WELL AS PROPOSED STRUCTURES ON THE LOT., ALL CONSTRUCTION DEBRIS.RESULTING FROM THIS PROJECT WILL BE TAKEN. TO Project Cost r7 Fee oC 7 .o2e SIGNATUR] �� -- _ DATE__- 7S/ Il BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S) BPEni T ..... .-- t � �y 5 i 1 X gy ' wT,+ � ): �,l c «q.- _���,. •"+�^^'^'.m T �'t � '�S" TS' rY< �i.�� -i x oapta ?rr4P" t�� 5!o' A��� a� i a�^ 'm s3 x eCDiP atg d` 3i i. iw.i .,. .: 6]a0Mo 05; _lH 16f1996 alO1149% 12 00_:Ps RSTE ``"'.?.'.. R 05�O1f1996 PA55 eunnlwe rtu�nE1 �� u' Pn�ara Pax -3 � � �i 3r>1°yt. rKta_r i sixgr a rn Tx� ���g am- r a m aiF S 6300 [tUi S �,::1 y x„,..,{}$10117994 IO411996 1200,,,. RSTE to5lQ611994 PA55 r �a1 ��. 'i� s «C - lt 3�,S� i�� BUILDLVG !IIK WxP 1� �i,1C�mt(bxtWrt i + 13NvF�e 0. Ic3', E § i3i3; F(Y3 � !¢„, ... 1yt'r I_,;�,_ I k,w.trgct°/ RIM 3� ��yryx43 ex ,xn� Ppyy a . �r fps Y ma, � ...r..�_ '' � T—''�—( W'gx� `jr '"Ak x� l ,a �CeNTaar3�,� �,,fiPf''mQ.�,*y7 L;Lr• IP� �k g n�'St -Exi !` j k icl-N�o-r':� %{� 3�a4��st 7t t '•. - .. s:ssw �� ! - �. a � . 4 .:;x S�'aan,%,�sT.a�.. = y4t,,�.,<,z '^-zi '3 xv v` '4ra§v� ,6 .+ lh a§ siMET". .-fOWN Sa..�:: ��- rzf,i Y. 'E�e,�sz£a4 �k. `p '�r v,".` ,¢ .t - .�a�t i� r .a u.-IRRN�a 6 r tg % • • • t • Map 186 Parcel 092 9.6 acres of"Cedar Swamp", not a buildable loVco a—gree 1982, 6-2 Book 3491, Page 212 to Silvia &Silvia Associates, Inc. 1985,3-1 Zoning change 1995, 2-6 Book 9549, Page 340 deed to School Street Realty Nominee Trust, plan book 363 page 72 Print Page Page 1 of 3 Print this page • Owner Information -Map/Block/Lot: 186/092/-Use Code: 1320 Owner Map/Block/Lot GIS MAPS SCHOOL ST RLTY NOM 186/092/ Owner Name as of TRUST Property Address 1/1/15 P 0 BOX 430 0 BEECH LEAF ISLAND ROAD OSTERVILLE, MA. 02655 Co-Owner Name C/O SILVIA & SILVIA CO . Village: Centerville Town Sewer At Address: N6 GIS Zoning Value: RD-1 • Assessed Values 2016 - Map/Block/Lot: 186/092/- Use Code: 1320 2016 Appraised Value 2016 Assessed Value Past Comparisons Building $ 0 $ 0 Year Total Assessed Value: Value • Extra $ 0 $ 0 2015 - $ 20,700 Features: 2014 - $ 20,700 2013 - $ 20,700 Outbuildings: $ 0 $ 0 ' 2012 - $ 47,600 Land Value: $ 8,600 $ 8 600 2011 - $ 47,600 2010 - $ 48,700 2009 - $ 44,000 2008 - $ 49,700' 2016 Totals $ 8,600 $ 8,600 2007 - $ 49,700' • Tax Information 2016 -Map/Block/Lot: 186 /092/- Use Code: 1320 Taxes t C.O.M.M. FD Tax $ (Residential) 13.67 Community Preservation $ 2.40 Act Tax Town Tax (Residential) $ 80.07 Fiscal Year 201.6 TAX RATES HIRE • $ 96.14 http://www.townofbamstable.us/Assessing/printl6.asp?ap=0&searchparcel=186092 4/21/2016 . Bi'=0954..9 6340 95-02=06 3199 #06610 r QUITCLAIM DEED SILVIA & SILVIA ASSOCIATES, INCORPORATED, a Massachusetts Corporation having its usual place of business at 619 Main Street, Barnstable (Centerville), Barnstable County, Massachusetts, For the full consideration of One Hundred ($140M) Dollars, Grants to the School Street Realty Nominee Trust, 619 Main Street, Barnstable (Centerville), Barnstable County, Massachusetts, under a Declaration of Trust dated October 15, 1994 and recorded herewith, iLq5`i4 Irk With Quitclaim Covenants a Certain parcel of land situated in Barnstable to (Centerville); Massachusetts, shown on the Town of Barnstable Assessors Map 187, and further bounded and described as follows. NORTHERLY by Parcel 71 as shown on said map four hundred eighty-four (484) feet more or less; NORTHERLY by Parcel 30 as shown on said map two hundred thirty-three and 451100 (233.45) feet and one hundred fifteen and 61/1.00 (115.61) feet; EASTERLY by Parcel 62-7 as shown on said map twenty- two (22) feet more or less; NORTHERLY by Parcel 62-7 as shown on said map two hundred forty (240) feet more or less; NORTHERLY - by ,Parcel 62-6 as shown on said map seventy- four (74) feet more or Tess; NORTHEASTERLY by Parcel 62-5 as shown . on said map seventy- eight (78) feet more or less; 11"i09549-0341 95-02-006 3159 1#06610 SOUTHEASTERLY by Parcel 31-1 as, shown on said map twelve ( 12) feet more or less; SOUTHEASTERLY and NORTHEASTERLY by Parcel 46 as shown on said map one hundred-eleven (111) feet more or less and twenty eight (28): feet more or less, respectively; NORTHEASTERLY by Parcel .32 as shown on said map two hundred twenty-six (226) feet more or less; SOUTHERLY by Parcel 63-8 as shown on said map five hundred fifty (550) feet more or less; SOUTHERLY by Beech Leaf Island Road as shown on said map eight hundred forty (840) feet more or less; WESTERLY by Parcel 77 as shown on said map two hundred fifteen (215) feet more or less; WESTERLY by Parcel 67 as shown on said map one hundred fifty (150) feet more or less; WESTERLY by Parcel 68 as shown on said map two hundred thirty-eight (238) feet more or less; WESTERLY by Parcel 69 as shown on said map two hundred fifteen (215) feet more or less; and NORTHWESTERLY by Parcel 70 as shown on said map one hundred thirteen {113) feet more or less..' Containing approximately 9.6 acres of land; and being said land shown on said map as Parcels 78, 81, 82 and "Cedar Swamp" north of Beech Leaf Island Road, but excluding "Cedar Swamp" which is within Parcels 31-1,46, 32, and 63-7 on said map, and also excluding "Cedar Swamp" which is within. Beech. Leaf Island Road; 0Pi49549�03.42 9S-02-06 31S9 #06610 Together with a right of way by vehicle and foot over Beech Leaf Island Road and the right to use it for all purposes for which private streets are ordinarily used from the granted premises to Bay. Lane, all in common with others entitled thereto; And all of my right, title and interest in the "Cedar Swamp" shown on Town of Barnstable Assessors Map 186 Parcel 92 consisting of approximately 16.55 acres and; all of my right title and interest in Beech Leaf Island shown as Town of Barnstable Assessors Map 187 Parcel 34 consisting of approximately 2.0 acres; together with a right of way by vehicle and foot over Beech Leaf Island Road and the right to use it for all purposes for which private streets are ordinarily used from Bay Lane to the granted premises via a 20 foot wide easement extending over the property shown as Town of Barnstable Assessors Map 187 Marcel 63-2, all in common with others entitled thereto. For my title see Quitclaim Deed from Melvina Crosby Herberger alkla Melvina C. Herberger to Silvia & Silvia Associates, Incorporated,. dated June 1, 1982 and recorded in the Barnstable County Registry of Deeds Book 3491 Page 212. In Witness Whereof the said SILVIA & SILVIA ASSOCIATES, INCORPORATED has caused its corporate seal to be. hereto affixed and these presents to Abe signed, acknowledged and delivered in its name and behalf by Ronald J. Silvia, its President and Floyd J. Silvia, its, Treasurer this 6th day of February, 1995. Silvia & Silvia Associates, Inc., By: Ronald,37 Silvia, President Flo J. Silvia, Treasurer W tO3S49-o343 95-02-as 369 ao 5.10 COMMONWEALTH OF MASSACH-USE'IT5 Barnstable, ss. Date: February 6, 1995 Then personally appeared the above named Ronald I. Silvia, President and Floyd J. Silvia, Treasurer, and acknowledged the execution of the foregoing instrument to be their free act and deed and that of the corporation, before me, Notary Public , My Commission Expire&i(. SAVIAH L.BRUCF L�� �•,,,,• NOTARY PUBLAC; Vy oommtsew exn.July P 3,ft.' BARNSTABLE REGISTRY OF DEW 520 South Main • Map 187 Parcel 33 is Not An Abutter as the road and the Cedar Swamp are between it and o 1972,6-30 Book 1679, Page 5 deed into David P.Woods& Marjorie L.Woods 1994, 1-26 Book 9552, Page 335 death certificate of David P.Woods 2014,4-4 Book 28070, Page 6 deed to Matthew Gavris,Trustee of SPRE Cape Realty Trust • Print Page Page 1 of 4 Print this page • Owner Information -Map/Block/Lot: 187/033/-Use Code: 1010 Owner Map/Block/Lot GIS.MAPS GAVRIS,MATTHEW TR 187/033/ Owner Name as of 10 EDMUNDS ROAD Property Address 111115 520 SOUTH MAIN STREET WELLESLEY, MA. 02481 Co-Owner Name SPRE CAPE REALTY Village:illage: Centerville Town Sewer At Address: No GIS Zoning Value: RD-1 • Assessed Values 2016 - Map/Block/Lot: 187/033/- Use Code: 1010 2016 Appraised Value 2016 Assessed Value Past Comparisons Building $ 85,900 $ 85,900 Year Total Assessed Value: Value Extra $ 10,800 $ 10,800 2015 - $ 437,200 • Features: 2014 - $ 453,000 2013 - $453,100 Outbuildings: $ 3,900 $ 3;900 2012 - $450,400 $ 223,400 $ 223,400 2011 - $ 481,700 Land Value: 2010.- $ 487,700 2009 - $ 686,100 2008 - $ 671,600 2016 Totals $324,000 $324,000 2007- $ 694,100 • Tax Information 2016 -Map/Block/Lot: 187/033/ Use Code: 1610 Taxes C.O.M.M. FD Tax (Residential) $ 515.16' Community Preservation,$ 90.49 Act Tax Town Tax(Residential) $ ( 3,06 1 .44 Fiscal Year 2016 TAX RATES HERE 3,622.09 http://www.townofbamstable.us/Assessing/printl6.asp?ap=0&searchparcel=l87033 4/21/2016 f uaoKfi'19 PA6f 005 183'72 1 T, ETHEL E. DANFORTH, of Delray Bea. a, Palm Beach County, Florida f�xu�►�x�il eriarnkurm rc ldtriU.MUwM**for the full consideration of Sixty Thousand ($60,000,00) Dollars paid { urantto DAVZD P. WOODS and MARJOM L. WOODS, husband and wife'as ► tenants by the entirety, both of Sk Campden Road, Scarsdale, Weetcheater County, New York j with quittlalm rtli►tt tO the land in Barnstable (Centerville), Barnstable County, Massachusetts, together withh the buildings thereon, bounded and described as follows: NORTHERLY by land now or formerly. of Sumner Crosby at a1, two hundred thirty-one and 00/100 (231.0o) feet; EASTEM by various courses, a total distance of five hundred thirty-six and 73/100 (536.73) feet, as shown on Land Court Plans numbered 179 0-A and 17951-A; SOUTHWESTERLY by various courses, a total-distancelof three hundred forty-one and 05/100 (341.05) feet, as shown on Land Court Plan. No. 16495-A; • NORTHMTERLY by land now or formerly of John W. Cunningham at al,. a distance of twenty-seven and 96AO-) (27.96) feet; WESTERLY by a cedar swamp by the edge of the upland, one hundre seventy-seven (177.00) feet, more or less; and SOUTHWESTERLY by a ridge bordering on said cedar swamp, twenty-one (21.00) feet. Be all of said measurements more or less or however otherwise bounded and described. The granted premises are hereby conveyed subject to and with the benefit of rights of way, easements and restrictions of record, in so far as the same are now in force and applicable; and so much of the granted premises as is included within the limits of the way over said premises, 10 feet wide, is subject to rights of all persons lawfully entitled thereto in and over the same. For my title, see dt:ad to me from Fordham B. Kimball ' dated July 22, 1964 recorded with Barnstable County Registry of Deeds In Hook 1262, Page 478. t J , .�i ' 1 .t 866K'1679 AU 006 • W + " 4 EAtTH OF MASSACF{USFTT; �` m . N At /j1 136. 8ol 7 Executed se a sealed instrument thFa day of June 1079 Barnstable, aa. Jude 1672 `1 hm aecuUy appeared the A*"named Ethel E. Danforth and aaknWk tW the t lnatrnmoat lobe her s+'si�t deed, era me ;' 'Idy on agree 107�2, 30 82,M MiCTIONS oN nVeMst mul BP s O SS — 3 „�5-02-09. 9 923 007107 "Ru:sir �llt�Q piiylt OSE# IR6t I .� 1N'060MNS AM OTANGAMO 000170 "CM MAI* ilMCU SXAMN*P* Tm oo"r 01 MAL MMA MD#A*r"tA"T" UGE - - SIX PATI otr J' " , David Peter Woods ,l�iale , January 261994 rtRCEOFOGtTNNt�riw.►1 Of OT •MMM11',..IhW�., _,. #1!N'Nt/MdIYMId�F1 4. Barnstable Barnstable 51.24 S .uth Main St.-.: rLACtCFOlATIIAMa�a rrXMOK01PAWNUMM -TV U#WAR VITzaw ©M*APN M©ax wnMON.M t {P oawc ]1-339-18-4184 war • WRIOEOIUENT ANMsgenrn AIIYRivlr4.aaJ; _ �KINAwAM IdwRpilt.6� Tm No ov" M.wow+�nu.Ia�n.aJ w+obt White : �....1 a s 11• wt- Ta 74 16 " wsA ril 919. ,i Ndw York N8w York I� a,wus+r+aMr»+rw � an� is Married is Marjorie te oh 104 Executive , lia Insurance a AY7� MENDENOE• .itT. 11'D.NLT�CtMlTY.*T 2r ,,,, 51.2A South Main St.,Barest+able,$amoteble,hasiaebusett8 02632 '7 iAMM•IULtNAilp A AMh M Rlr �NT11Artgti�V& EA Frederick Woods „�1nnoWtl ,E 1+Iieh 'Payson tMinals arJorie L. Woods „ 51:2A Soutf► Main SC.4Centoorvill.e,n , ,,. Wife ML WWI °om"`v'A10NwsrrATtRab1)rt!L.• Studley . 5024 ,drum uxbur Cremator Duxbur Massachusetts. =ry8, 1994 Do&ne,, Beal � :Ame ,lno. l00 bleat Main Stq ,Hyat�ni�s,MA. .,aena�+n.w.wA+ww«�w«..�wewr.woo Uwr�r «�v�p..uo�� K .n.�:�w�o�,ar�f.r�wxr, ,y�xo�a,�a.�n,►. «a�NNeA .n..a�pvglf.l.pAISMMiTp�TlfR�#wl �' A.M.�W�Mt.ntlTl.MR. H� swMaAnaAs�e�+.a • ansT4a i� : MI��.Mr11t.aNMwN:Y �• Y.n '� V1 T�•L oA fMM..a+Nunow C. ' �•y�r flMhluut. ' , V f tAMTM•giMMpMeWWCorMMtwt.a M�VMNMA�utMpil.�AigM wiMtl�Mln AVTOi Mkfi1tg4 wroe � MI Mi Df AVAItAMA""TQ ,MI#i 4.1 �Of*MV%DF.AfVi1T fx .�..wr SIT 13mom** tiDUtTiN6T"O"tAmp" M1.:a14.11j` n A MR AOM. CI mot LJ 1t►ION�QNVEi1R1AT10ft SIR Iib #1`lfe OEfdiMlEF10WlNJIl11YPUMOF •AtA,.�A A Mom" µ'SA br�t.f/.It1M1M%Mo.Ml�i, ' 7td wskww 41806% :7000#0 srs .4#YiA�101MIOIiwiM1.N.(U+1Wd ..a i >� no CiRT NAtAE GfG[ATIPYkXS WAST ANIIN. rMDAT# 40XVMM a+MoMPRDN �ttrt MDt10S+NCto ..•.� , w : .. 400 146 dk ;« 0•44 WK INK ONLY adi OKfix: t O .' , O : . !G �: PAGE _.. ..r... r,zY�. . f , BOOKPA R ' is AG Eet ALA DARNSTABLE REGISMY"OF DEEDS 1?k 28070 P•:9 6 0_1392:3 MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date.- 04-04-2014 a ►IZ22pm CLIO: 645 Doc'. 13923 Fees $1►157.67 Cons: M33875€f0.00 BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 04-04-2014 a 01:22pm 023 QUITCLAIM DEED Fee. V 5 Consl f3r$03Q 1,Marjorie L.'Woods,being unmarried and surviving;tenant by the entirety,of 237 North Main Street,South Yarmouth,Massachusetts 02664, for consideration of Three Hundred Thirty-eight Thousand Five Hundred and 001100 ($338,500.00)Dollars paid,grant to Matthew Cravris,Trustee of the SPRE Cape Realty Trust,under declaration of trust dated April 4,2014,and recorded herewith,of 10 Edmunds Road,Wellesley,Massachusetts 02481, with Quitclaim Covenants, the land g together with the buildings thereon, situated in Barnstable(Centerville),Barnstable g County,Massachusetts,more particularly bounded and described as follows; NORTHERLY by land now or formerly of Sumner Crosby,et al,two hundred thirty- one and 00/100(231.00)feet; EASTERLY by various courses, a total distance of five hundred thirty-six and 73/100(536.73)feet; SOUTHWESTERLY by various courses,a total distance of three hundred and forty-one and 051100(341,05)feet; NORTHWESTERLY by land now or formerly of John W. Cunningham et al,a distance of twenty-seven and 96/1.00(27.96)feet; WESTERLY by a cedar swamp by the edge of the upland, one hundred seventy- seven and 00/100(177.00)feet,more or less;and SOUTHWESTERLY by a ridge,boarding on said cedar swamp,twenty-one and 00/100 (21.00)feet. Be all of said measurements more or less however otherwise bounders and described. Ck �i Bk 28070 Pg7113928 The granted premises are hereby conveyed subject to and-with the benefit of rights of • easements and restrictions of record,in so far as the same are now in force and applicable; way, as. d, PP and so much of the granted premises as is included within the limits of the way over said premises, 10 feet wide,is subject to rights of all persons lawfully entitled thereto in and over the same. The property address is 520 South Main Street,Centerville, MA 02632 For title,see deed recorded with the Barnstable County Registry of Deeds,in:Book 1679, Page 5. I,Marjorie L. Woods,hereby release to the grantee(s)herein all rights of homestead and other rights I have in and to the herein,granted premises. WITNESS my hand and seal this day of �a r�� ,2014. Marjorie f,. Woods COMMONWEALTH OF MASSAC1iUSE"I TS Barnstable,ss: V�. On this day of ��j��, ,2014,before me,the undersigned notary public,personally appeared Marjorie L. Woods,proved to me through satisfactory evidence of identii:rcation,which was Lcs &r,� to be the person whose name is signed on the preceding or attachea document,and acknowledged to me that she signed it voluntarily and for its stated purpose. PHILIP MICHA L BOUDREAU . € otary P011e Commonwealth of Massachus0b My Commission Expires JANUARY 12,2018 Phili ael Boudreau,Notary Public My Commission Expires: January 12,2018 • BARNSTABLE REGISTRY OF DEED MASSACHUSETTS STATE�EXCI5E tAX BARNSTABLE COUNTY REGISTRY OF DEEDS Ctl:. 645 Do V13923 F0_e'.:$1 f 157.67 Cdns:`$P8V 500.00 BARNSTABLE COUNTY EXCISE`TAX BARNSTABLE C-OUNTY REGISTRY OF DEEDS Dd4: 04-►4-2r:1 3 01:22pm' QUITCLAIM DEED CUP. 645 Doc" 13923 Fees:$913.95 Cann: 1,Marjorie L.'Woods,being unmarried and survivingJgnant by the entirety,of 237 North Main Street,South Yarmouth,Massachusetts 02664, for consideration of Three Hundred Thirty-eight Thou§and Five Hundred and 00/100 ($338,500.00)Dollars paid,grant to Matthew fiavris,Trustee of the SFRE Cape Realty Trust,under declaration of trust dated April 4,2014,and recorded herewith, of 10 Edmunds Road, 'Wellesley,Massachusetts 02481, with Quitclaim Covenants, the land,together with the buildings thereon,situated in Barnstable(Centerville),Barnstable County,Massachusetts,more particularly bounded and described as follows: NORTHERLY by land now or formerly of Sumner Crosby,et al,two hundred thirty- one and 00/100(231.00)feet; EASTERLY by various courses, a total distance of five hundred thirty-six and D/100(536.73)feet; SOUTHWESTERLY by various courses, a total distance of three hundred and forty-one and 051100(341.05)feet; NORTHWESTERLY by land now or formerly of John'W. Cunningham et al,a distance of twenty-seven and 96/100,(27.96)feet; , WESTERLY by a cedar swamp by the edge of the upland,one hundred seventy- seven and 00/100(177.00)feet, more or less;and ` SOUTHWESTERLY by a ridge boarding on said cedar swamp, twenty-one and 00/100 (21.00)feet. Be all of said measurements more or less however otherwise bounded and described. Bk 28070 Pg7 ##13923 The granted premises are hereby conveyed subject to and with the benefit of rights of way,easements and restrictions of record,in so far as the same are now in force and applicable; and so much of the granted premises as is included within the limits of the way over said premises, 10 feet wide,is subject to rights of all persons lawfully entitled thereto in and over the same. The property address is 520 South Main Street,Centerville,MA 02632 For title,see deed recorded with the Barnstable County Registry of Deeds in Book 1679, Page 5. I,Marjorie L. Woods,hereby release to the grantee(s)herein all rights of homestead and other rights I have in and to the herein granted premises. WITNESS my hand and seal this day of Ka neL ,2014. Marjorie L. Woods COMMONWEALTH OF MASSACHUSE rTS Barnstable,ss: On this t�' day of �G jug"` ,2014, before me,the undersigned notary public,personally appeared Marjorie L. Woods, roved to me through satisfactory evidence p J p g y e denee of identification,which was r-cS G I, t� to be the person whose name is signed on the preceding or attached document,and acknowled ed to me that she signed it voluntarily g g and for its stated purpose. PHILIP MICHAEL BOUDREAU Notary Public .�.--------_� _ Commonwealth of Massachusetts My Commission Expires JANUARY 12,2018 Phili ael Boudreau,Notary Public My Commission Expires: January 12,2018 BARNSTABLE REGISTRY OF DEEDS � s • s • �; '1� �� Map 207 Parcel 1-1 abuts locus at only a point�i(ora g),,I • thus it is not a true "abutter", never the less its history is 1977, 7-29 Cert#71332 to Stephen M.& Muriel W. Laverty 1985, 3-28 Cert#100720 to Nicholas Franco& Michael P. Murphy 1986, 6-25 Cert#107011 to Nicholas Franco 1986, 12-26 Cert# 109452 to Alan G. Fletcher& Patricia A. Fletcher 2007 8-9 doc# 1070670 heath Cert of Patricia Conclusion: Not necessary for the analysis but no contiguous ownership in any event. I _ Print Page Page 1 of 4 -.._.— . Print this page • Owner Information - Map/Block/Lot: 207/001/001 -Use Code: 1010 Owner .. Map/Block/Lot GIS MAPS FLETCHER,ALAN G 207/00l/001 Owner Name as of 28 BRIARWOOD DRIVE Property Address 111115 - _;:< ' # . L' S18 SOUTH MAIN STREET HOLYOKE, MA.01040- 1302 Co=Owner Name Village: Centerville a= ,,,•.�. :-t Town Sewer At Address: No- fit ' ' '` ' , •GIS Zoning Value: RD-.1 • Assessed Values 2016 - Map/Block/Lot: 207/,001/001 - Use Code: 1010 y l..y-Tc,.• 2016 A rai§ed Value' -f:2016'Assessed Value` "''PP Past''Compahsous Building $ 169'000 ,. ,. •,r $ 169,000 Year Total Assessed Value: Value Extra $ 63,700 $ 63,700 2015 - $ 552,600 • Features: 2014 - $ 552,800 r 2013 - $ 553,400 Outbuildings: $ 10,700 _ _10,700 2012 - $ 554,900 ^ $ 28Z 500 $ 287 ' Land Value: � ,500 2011 - $ 572,400 Ft:t , r t �� .°e1i"t#`t, t2010,,=$,579,400. . _ 2009 - $ 791,100 t 2008 - $ 800,006 2016 Totals ° $ 530,900 $ 530,900 2007- $ 800,000 Tax Information 2016 =Map/Block/Lot:207/001/001 -Use"Code: 1010 Taxes C.O.M.M. FD Tax $ 844:13 (Residential) , Community Preservation $ 148.28 Act Tax Town Tax(Residential) $ 4,942.68 Fiscal Year 201.E TAX RATES HERE • $ 5,935.09 http://Www.townofbamstable.us/Assessing/print l 6.asp?ap=0&searchparcel=207001001 4/21/2016 : 4 C% G4P / A <� 1 Lewis Dickinson et ° al �• a s .� • ' t .`:094S. .46 Z-94.31 • e -c 2-LAN Qz Ian .LN Bearee & Kellogg, Civil ft1neere NOVZUBSR 129: 1940 . c4Ar arvt of . . . �' '� s of#"plan s fe toMina► .cep=� ,w� Book 577 Page 12 roar G.B 1 Doc,No. 223,807 Trautfer (Certificate of gitte. Ctf.No, 71332 From Transfer Certificate No, 66765 . Originally Registered i March 9, 1976 in Registration book 539 Page 5 for the Registry District of Aamstable County. Tbis;iz to Certify that Stephen M. Laverty and Muriel W. Laverty, husband and wife, of 512b South Main .Street, Centerville, Barnstable County, Massachusetts 02632, are CANCELLED LPL ED � Q the owner(s) in fee ;simple. as tenants by the entirety p of that certain parcel of land situate in Barnstable (Centerville) '� in the County of Barnstable and said Commonwealth of hlassachucetts. bounded and described as follows: Northeasterly by land now or formerly of Clara S. Groves, three hundred seventy-two and 85/100 (372,85) feet; Easterly by land now or formerly of Andrew T. MacCoy et al, three hundred seventy-six and 81/100 (376.81) feet; Cs. Southeasterly by land now or formerly of Michael J. McDonough, eighty- y seven and 86/100 (87.86) feet; W Southwesterly by land now or formerly of Margarilla C. Starek, one hun- W W dred sixty-six and 45/100 (166.45) feet; Westerly by lands now or formerly of John W. Cunningham and of Lewis R. Dickinson et al, seventy-seven and 70/100 (77.70) feet; Northwesterly two hundred six and 40/100 (206.40) feet, Westerly and Southwesterly one hundred eighty-one and 88/100 (181.88) feet, and Southeasterly one hundred eighteen and 79/100 (118.79) feet; all by land now or formerly of Joseph B. Thaxter, Tr. , being shown as Parcel B; and Westerly by said Dickinson et al land and by land now or formerly of Sumner Crosby et al, four hundred forty-nine and 87/100 (.449.87) feet. All of said boundaries are determined by the Court to be loca- ted as shown on plan 1795.0-A dated November 12, 1940, drawn by Bearse & Kellogg, Civil Engineers, as modified and approved by the Court, and filed in the Land Registration Office at Boston, a copy of a poxtion of which is filed in Barnstable County Registry of Deeds in Land Registration Book 36 Page 90 with Certificate of Title No. 6430 and said land is shown thereon as LOT A. Said land is subject to pole easements as set forth in a deed given by Eva A. Traiser et al to the New England Telephone & Telegraph Company et al dated November 30, 1938 duly recorded in Book 546 Page 498. Said land is subject to and has the benefit of the terms of four stipulations filed with the papers in this case: one on November 27, 1942 with Sumner Crosby et al being Document No. 14,514; one on .November .27, 1942 with Lewis R. Dickinson et al being Document No. 14,515; one on September 23,.1942 with John W. Cunningham et al being Document No. 14,516 and one on September 23, 1942 with Clara S. Groves being Document. No. 14,517. ' Whereas it appears by the filed plan covering the land claimed in both Case Nos. 17959 and 17951 that a certain way extends over Parcel A and along the northerly and easterly sides of Parcel B for the mutual convenience of both Parcels, it is hereby decreed that both said Parcels are subject to and have the benefit of the use of such way for all common and convenient purposes .to be exercised and enjoyed in common by the owners and occupants for the time being of both of said Parcels. And it is further'certified that said land is under the operation and provisions of Chapter 195 of the General Lass, and that the title of said . Stephen M. Laverty and Muriel W. Laverty to said land is registered under said Chapter, subiect, however, to any of the encmnbrancrs tnentioned in Sec:tinn forty-six of said Chapter, which may be subsisting Wrrxess.WILLIAM I.RANDALL,esquire,judge of the Land Court,al.Barnstable.in said County of Barnstable. the twenty-ninth day of July in the,.year nineteen hundred and seventy-seven at 12, o'clock and 13 minutes. Attest,with the Seal of said Court, tD Land Court Case INTO. 17950 ' STEPHEN WEEKES, Assistant krcorclrr. MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE 71332 DOCI.it,[ENT: DATE OF INSTRUMENT SIGNATURE OF NUAMER KIND RUNNING IN FAVOR OF mums DATE AND TINE ASSISTANT-RECORDER D=EARGE OF REGISTRATION 14,726 Release Winfield S. Kendrick, Jr. Ref. of Rts. in way on Lot A, 5/25/43 et ux L.C. No. 17950. 5/27/43 11:30a.m. . iCE G1F.NOr-X'.s-G 3 j S-off-gi . LOT NO. XZF //bJ•/J fso Inrl o Df cur �' 35•$a M, 2 ass• 34$45 3:30 kw.k� 44 kD . (SEE OVER) Land Court Index by Ctf# -Search Results Page 1 of 1 BARNSTABLE LAND COURT REGISTRY DISTRICT JOHN F. MEADE, REGISTER Land Court List by Certificate# Search Certificate 1: 71332 Database searched: Land Record Gtor/Gtee Index thru Apr 21,2016 # 11292,613 <Previous Next> I Show Print Cart Doc Description Certificate Town Doc Date Document# Type #. Rec Date/Time ( { IMAGE LOAD 05-24-1999 71332 07-00-1977 223807-1:71332 F-� s I c 1 There are no (more) encumbrances for doc 223,807-1 The last matching entry is displayed <Previous Next> Show Print Cart HOW TO USE THIS PAGE To see an abstract of the next sequential certificate,click on Next>. To see the previous panel displayed, click on <Previous. To view a certificate,click on the document icon with "CTF". To view an abstract, click on the document icon with "ABS". To view an image, click on the document icon with "DOC". Please note that if the icon "DOC" is not shown, that means the document image is not available. This may not be a complete listing of all encumbrances for the certificate you are researching. Older certificates may be encumbered by documents not indexed in the computer(the encumbrance may pre-date the computerized entry of documents) and newer certificates may have not yet been updated to reflect encumbrances noted on the previous certificate(s) in that chain of title. Reference should be made to the actual certificate registered in the Land Court to verify all activity for a particular title.These listings are not covered by MGL c. 185 s. 46. I https:Hsearch.bamstabledeeds.org/ALIS/WW40OR.HTM?W9CTFN=71332&WSHTNM=... 4/21/2016 Book 822 Page 40 -Doc. No. 358,623 Ctf. No. 100720 TRANSFER CERTIFICATE OF TITLE From Transfer Certificate No, 71332 Originally Registered. July 29, 1977, in Registration Book $77 Page 12 for the Registry District of Barnstable County. THIS IS TO CERTIFY that Nicholas D. 'Franco and Michael P. Murphy, of 765 Falmouth Road, Barnstable (Hyannis) , Barnstable County, Massa- chusetts 02601, are the owner(s) in fee simple UWtbL't='► as tenants in common, of that land situated in Barnstable in the County of Barnstable and Commonwealth of Massachusetts, bound- ed and described as follows; Northeasterly by land now or formerly of Clara S. Groves, three hundred seventy--two and 85/100 (372.85) feet; Easterly by land now or formerly of Andrew T. MacCoy et al, three hundred seventy-six and 81/100 (376.81) feed Southeasterly by land now or formerly of Michael J. McDonough, eighty-seven and 86/100 (87.86) feet; Southwesterly by land now or formerly of Margarilla C. Starck, one hundred sixty-six and 45/100 (166.45) feet; Westerly by lands now or formerly of John W. Cunningham and of Lewis R. Dickinson et al, seventy-seven and 70/100 (77.70) feet.- Northwesterly two hundred six and 40/100 (206.40) foot, Westerly and Southwesterly one hundred eighty-one and 88/100 (181.88) feet, and Southeasterly one hundred eighteen and 79/100 (118.79) feet, all by land now or formerly of Joseph B. Thaxter, Tr., being shown as Parcel B; and Westerly by said Dickinson et al land and by land now or formerly of Sumner Crosby et al, four hundred forty-nine and 87/1.00 (449.871 feet. All of said boundaries are determined by the Court to be located as shown on plan 1.1950-A dated November 12, 1940, drawn by Bearse & Kellogg, Civil Engineers, and filed in the land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Hook. 36 Page 90 with Certificate of Title No 6430 and said land is shown thereon as TAT A. There is excluded .from said land.Lot 1, plan. 17950-B. Said land having been previously conveyed: Said land is subject to pale eaSesaants as set forth in a deed 'given by Eva A: .Traiser et al :to -the New-England . Telephone et al dated November 30, 1938 duly recorded in Book 546 Page 498. Said land is subject to and has the benefit of the terms of four stipulations filed with the papers in this case e one on November 27, 1942 with Sumner Crosby at al being Document No. 14,514; one on November 27, 1942 with Lewis R. Dickinson at al being Document no. 14,515; one on September 23, 1942 with Jahn W. Cunningham at al being Document No. 14,516 and one on September 23, 1942 with Clara S. Groves being Document No., 14,517. Whereas it appears by the filed plan covering the land claimed in both Case Noe. 17950 and 17951 that a certain way extends over Parcel A and along the .northerly and easterly sides of Parcel B for the mutual convenience of.both Parcels, .it is hereby decreed that Loth said Parcels are subject to and have the benefit of the use of such way for all common convenient purposes to be exercised and enjoyed in common by the owners and occupants for the time being of both of said Parcels. And it is further certified that said land is under the opera- tion and provisions of Chapter 185 of the General. Laws, and that the title of said Nicholas b. Franco and Michael P. Murphy to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chap- ter, which my be subsisting. WITNESS. .WILLIAM 1. RANDALL, Esquire, Judge of the Land Court, at Barnstable, in said County of Barnstable, the-twenty-eighth day of March in the year nineteen hundred and eighty-fivei at. 3 o'clock and 34 minutes. Attest, with the Seal"crf said Court, STEPEEN.WEEKE , Assistant Rec�oar, Land Court Case No. 179$0 MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE 100720 Docrumnwr DATE OF INSTRUMENT 510NATURIF OF T NIIMB= KIND. RUNNING IN FAVOR or TERMS DATE AND TIME. ASSISTAUT RECORDER, DISCHARGE OF REGISTRATION 14,726: Release Winfield S. Kendrick, Jr, Rol, of Rts. in gray of Lot 5/25/43 et ux A, L.C. No. 17950. 5/27/43 11:3Qa.m 3231:167' 'Mtge. Cape Cad Coop. .Bk. Lot A, .PI. 17950-A (except 10/31/83 SVDnC Na .. ing Lot 1, Pl, 17450-B) , 11j7/8:3 9:47a.In ArMSY tT. -.4t �� «,> . .CNSCNAP.GF9 358,624 Mtge. Bank of New England Lot A, excluding Lot 1., 3/28/85 BYDOC-N� Barns. Cnty, N.A. Pl. 17950-H, $125,000. 3/28/85 3:34p.m �rres�: ,•�--A�ssxF�R /Fjtr(-C-rC/j '�7J �t ... � �I.•5' far-�'d?S of LQI• o e5i& � '9 &- of= � .NO:.L", e _ Book 874 Page 91 DOC. No. M,335 Ctf. No. 1070t1 TRANSFER CERTIFICATE OF TITLE From Transfer Certificate No. 100720 Originally Registered March 28, 1985, in Registration•Book 822 Page 40 for the Registry District of Barnstable County. THIS IS TO CERTIFY that Nicholas D. Franco, of 765 Falmouth Road, Hyannis, Massachu- setts 02601, is the owner(O in fee simple { of that land situated in Barnstable �fNT �'.�f.,�L� .i in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows: BEING LOT A as shown .on plan 17950-A dated November 12, 1940, drawn by Bearse & Kellogg, Civil Engineers, and filed in the Land Registration Of- fice at Boston, a copy of which is filed in Barnstable County Registry of Deeds in ?� Land Registration Book 36 Page 90 with Certificate of Title No. 6410, {a a ^+ There is excluded from said land Lot 1, plan 17950-8, said land heaving been previously conveyed. Said land is subject to pole casements as set forth in a deed given by Eva A. Traiser et al to the New England Telephone & Tolegraph.Company at al rU ti dated November 30, 1938 duly recorded in Book 546 Page 498. Said land is subject to and has the benefit of the terms of four ld O' stipulations filed with the papers in this case: one on November 27, 1942 with t Sumner Crosby at al being Document No. 14,514; one on November 27, 1942 with Lewis R. Dickinson at al being Document No. 14,515; one on September 23, 1942 with John W. �. Cunningham at al being Document No. 14,516 and one on September 23, 1942 with Clara S. Groves being Document No. 14,517. • Whereas it appears by the Filed plan covering the land claimed in both Case Nos. 17950 and 17951 that a certain way extends over. Parcel A and along ° . t� the northerly and easterly sides of Parcel B for the mutual convenience of both ' Parcels, it is hereby decreed that both said Parcels are subject to and have the n benefit of the use of such way for all common convenient purposes to be exercised and enjoyed in common by the owners and occupants for the time being of both of said Parcels. And it is further certified that said laud is under the operation and provi- $1ons of Chapter 185 of the General. Laws. and that the title of said Nicholas D. Franco to said land is registered under said Chapter, subject, however, to any of the tneuk- braneas mentioned in Section forty-six of said Chapter, ;which may be subsisting. WITNESS, MARILYN M. SULLIVAN. Esquire, .fudge of the Land Court, at Barnstable, in said County of Barnstable, the twenty-fifth day of June in the year nineteen hundred and eighty-six, at 1 .o'clock and 26'minutes. Attest, with the Seal of said Court, STEPHEN WERE , Assistant RecordT er," Land Court Case No: 17950 I • MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE 107011 DATE OF uRsMvncsrrar X Or DOCFSiy+[Ebrr KIND BCINPFLNr, [N FAYOR OP TETtTctfi DATE A"12ME ASS=AN RRECOR.DER DL6CHARGE NUMBER OF RE0rirrRA71ON � r14,726 Release Niniield S, Kendrick, Jr. Rel. of Rts, in way of Lot 5/25/43 - - — et ux A, L. C. No. 17950. 5/27/43 11:.30a.m. f 381,088 Mtge. 'Bank of New England, 4 Lot A w/exception, $165,000. 12/4/85 Ws xwM9n 4.� Barnstable County, K.A. r 12/4/85 3:13p.m.. A`.FiT. o. �ASSTfMOOPM i. 410,175 Covenant '.Town of Barnstable � Re-,,Lata 2 & 3, Pl. 17950-C. 1018/86 10/30/86 9:53a.m.. !- LOT: PLAN: r7 9•�� G�'' Lot. `3 1: a SEE C"TF NO. SEF CTF NO: /,426 Land Court Certificate -Search Results Page 1 of 1 BARNSTABLE LAND COURT REGISTRY DISTRICT JOHN F. MEADE, REGISTER Land Court by Certificate# • Search Certificate#: 109452 <Previous Show Print Cart Print Listing Certificate Listing Doc. No. 415,878 Ctf. No. 109452 TRANSFER CERTIFICATE OF TITLE From Certificate No. 107011, Originally Registered June 25,1986 in the Registry District of Barnstable County. THIS IS TO CERTIFY that ALAN G FLETCHER, PATRICIA A FLETCHER, husband and wife, as tenants by the entirety, both of 4 Dunn Avenue, Holyoke, Massachusetts 01040,. the owner(s) in fee simple, of that land situated in BARNSTABLE ' in the county of Barnstable and the Commonwealth of Massachusetts, described as follows: LOT 3 PLAN 17950-C Said land is subject to pole easements as set forth in a deed given by Eva A.Traiser et al to the New England Telephone&Telegraph Company et al dated November 30, 1938 duly recorded in Book 546 Page 498. Whereas it appears by the filed plan covering the land claimed in Both Case Nos. 17950 and 17951 that a certain way extends over Parcel A and along the northerly and easterly sides of Parcel B for the mutual convenience of both Parcels, it is hereby decreed that both said Parcels are subject to and have the benefit of the use of such way for all common convenient purposes to be exercised and enjoyed in common by the owners and occupants for the time being of both of said Parcels. And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws; and that the title of said owner(s) to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting WITNESS MARILYN M. SULLIVAN, Chief Justice of,the Land Court at Barnstable, in said County of Barnstable, the twenty-sixth day of December in the year nineteen hundred and eighty-six at 4 o'clock and 00 minutes Attest, with the Seal of said Court; STEPHEN WEEKES, Assistant Recorder. Land Court Case No.:17950 <Previous Show Print Cart Print Listing https://search.barnstabledeeds.org/ALIS/WW400R.HTM?WSIQTP=LC 12I&W9RCCY=l... 4/21/2016 Land Court Index Abstract-Search Results Page 1 of 1 BARNSTABLE LAND COURT R[;GISTRY DISTRICT ,JOHN F. MEAI-.)E, REGI TEF; Land COUrt Abstract by Docullient:;it Search Document##: 1,070,670 Database searched: Land Record Gtor/Gtee Index thru Apr 05,2017 # 1,318,268 <Previous Next/> Show Print Cart DOCUMENT ABSTRAM' Doc##: 1070670 1 1e l Recorded: 08709-2007 @ 3:45 Address: 518 SOUTH MAIN.ST Pages in document: 1 Group: 1 Type: DEATH CERTIFICATE Descr: PATRICIA A FLETCHER Town: Barnstable. Doc date: 12-05-2005 Ctf#`' See p5went list Parent doc 415,878 1 DD Ctf: 109452 (Cxld: 11-02-2016) Grantor: FLETCHER, PATRICIA A (Gtor) Recording Fee: 50.00 State excise: .00 Surcharge: 25.00 <Previous Next/> Show Print Cart HOW TO USE 1'I-ilS IMAGE To see an abstract of the next sequential document, click on.Next>. To see the previous panel displayed, click on <Previous. To view an image, click on the document icon with "DOC". Please note that if the icon"DOC" is not.shown, tlrat means the document image is not available. To view an abstract of a referenced document, click it's hyperlink. Most images you will view and/or print will not have marginal reference notations on the image. If you are interested in marginal reference information for particular instrument/document, check and optionally print the abstract for it. There is no fee for printing abstracts. To print the abstract, right rlicl<on the abstract side (riot the left side) and, foi- • Internet Ex loner select "Print". I https://search.bamstabledeeds.org/ALIS/WW40OR.HTM?W9DOCN=1070670&WSHTNM... 4/5/2017 • ;' "_ c a f _` r �. { Map 187 Parcel 63-6 is Lot 8 on LC Plan 41630-A E colo code.. n-W f/k/a Lot 33 on a plan entitled ""Beech Leaf Landing" Phase II Lari� Plan of Land in Barnstable (Centerville) Mass.Owned By Silvia &Silvia Associates Incorporated Scale 1"=40', March 23, 1984" Baxter&Nye, Inc. Registered Land Surveyors,Osterville, MA" said plan was approved on June 8, 1984 1982, 6-2 Book 3491, Page 212 to Silvia &Silvia Associates 1984, 11-2 Book 4305, Page 276 lots 15A, 28,31,33, and 35 on the pending plan were deeded out to Beech Leaf Island Inc.separating it from lot 32, prior to the zoning change of March 1, 1985 1991,7-3 Book 7599, Page 326 Beech Leaf Island Inc.to Osterville Concorde LP, lots 28, 31,33 and 35 on the pending plan 1992,5-2 Cert#126642 Land Court certificate issued to Osterville Concorde LP 1992,5-29 Cert#126705 to Brian T. Dacey Trustee, Beech Leaf Nominee Trust 1993, 10-19 Cert#131685 to Dacey,Trustee Kenneth J. & Marguerite A.Grillo Conclusion: Lot 8(formerly Lot 33) has been in separate ownership since November 2, 1984. • Print Page Page 1 of 4 Print this page • Owner Information -Map/Block/Lot: 187/063/006 - Use Code: 1010 Owner Map/Block/Lot GIS MAPS 187/063/006 CIRILLO,KENNETH J& property Address Owner Name as MARGUERITE A 153 BEECH LEAF ISLAND RD 153 BEECH LEAF ISLAND of 1/1/15 ROAD CENTERVILLE, MA. 02632 Co-Owner Name Village: Centerville Town Sewer At Address: No GIS Zoning Value: RD-1 • Assessed Values 2016 - Map/Block/Lot: 187/063/006 -Use Code: 1010 2016 Appraised Value 2016 Assessed Value Past Comparisons Building $ 250,700 $ 250,700 Year Total Assessed Value: Value i • Extra $ 63,300 $ 63,300 2015 - $ 574,200 Features: 2014 - $ 574,400 2013 - $ 574,600 Outbuildings: $ 4,700 $ 4,700 2012 - $ 576,200 Land Value: $ 261,100 $ 261,100 2011 - $ 569,100 2010 -.$ 575,300 2009 - $ 613,300 $ 579,800 2008 - $ 657,500 2016 Totals $ 579,800 2007 - $ 696,000 Residential Exemption Received= $90,000 • Tax Information 2016 -MapBlock/Lot: 187/063/006 - Use Code: 1010 Taxes C.O.M.M. FD Tax $ 921.88 (Residential) Community Preservation $ 136.80 Fiscal Year 201.6 TAX RATES HERE Act Tax • Town Tax(Residential) $ 4,560.04 http://www.townofbamstable.us/Assessing/printl6.asp?ap=0&searchparcel=187063006 4/21/2016 go4305 mi 276 53670 QUITCLAIM DEED SILVIA AND SILVIA ASSOCIATES, INCORPORATED, a , Massachusetts corporation -with a usual place of business at 619 Main Street, Barnstable (Centerville), Barnstable County, Massachusetts, grant to BEECH LEAF ISLAND, INC., a Massachusetts corporation with a usual place of business at 619 Main Street, Barnstable (Centerville), Barnstable County, Massachusetts, for consideration paid in the amount, of 44 $36,620.00, 1� with QUITCLAIM COVENANTS, the land situate in Barnstable Barnstable Count Massachusetts, bounded and (Centerville), y, described as follows: LOTS 15A, 28, 31, 33 and 33 as shown on a plan of land e entitled "Beech Leaf Landing, Phase 11, Land Court Plan of Land in BARNSTABLE (Centerville), MASS. Owned by SILVIA & SILVIA ASSOCIATES, INCORPORATED, Scale 1" c 401, March 23, • t 1984, Baxter & Nye, Inc., Registered Land Surveyors, >. Osterville, Mass.", which plan is duly filed with the Land p ' Registration Office at Boston as Land Court Plan 41630-A, Pending, a copy of which is filed with the Barnstable County Registry of Deeds. Said Lots 15A, 28, 31, 33 and 35 are conveyed subject i t, to Protective Covenants, Restrictions, Rights and Reservations Governing Beech Leaf Landing, Phase II, cuRLLYQ54AI Centerville, Massachusetts dated October 29, 1984 and ATTonmy$AT LAW 72 f+'"m STP=T recorded in Boob Y299 , Page 311 - - HVAMM MA.0=1 . i t , J • .. ......`.....,..r..i...rr✓......r....kx. �. a•r...rv..+.w wyer+t....•....n•w w ..._....v..........a .mot .�.�wwi.+....r.w+,.ia�rMxrw•wy.�t BoG 4305 277 Said Lots 15A, 28, 31, 33 and 35 are Conveyed together i with the right to use Beech Leaf Island Road from Bay lane, a public way, for all purposes for which ways are used in the Town of Barnstable, and the Grantor hereby reserves the right to grant similar rights for the benefit of other land of the Grantor, and any other land Which the Grantor may acquire in the future. Said Lots 15A, 28, 31, 33'and 35 are conveyed subject to a mortgage from Silvia & Silvia Associates, Incorporated to Melvina C. Herberger dated June 1, 1984 and recorded in Book 3491, Page 215• Said Lots 15A, 28, 31, 33 and 35 are further conveyed subject to and with the benefit of all rights, easements, restrictions, rights of way, and reservations of record insofar as the same-are now in force and applicable. The consideration of $36,620.00 as set forth above is • apportioned as follows:Lot 15A ^ $ 0 Lot 28 - $9,155.00 Lot 31 - $9,155.00 Lot 33 - $9,155,00 Lot 35 $9,155.00 i For title, see deed from Melvina C. Herberger dated ; June 1, 1982 and recorded in Book 3491 , Page 212, and Laud cursl.eve,serRn.x Court Case No. 41594• - - E Al'ttLM VSAT lAW ee P O lox!09 kVANW9 AAA QM- - �17f 175-6748 - 2 J f BOQI(4305 POE! 278 IN WITNESS WHEREOF, the said SILVIA AND SILVIA ASSOCIATES, INCORPORATED has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by RONALD J. SILVIA, its = President and FLOYD J. SILVIA, its Treasurer, this Aq day of October, 1984. SILVIA AND SILVIA ASSOCIATES, INCORPORATED By, Ronald J;/Silvia,. esldent o1 J. SilVia,-' Treasurer' THE COMMONWEALTH OF MASSACHUSETTS Barnstable, ss October,2g , 1984 Then personally appeared the above-named RONALD J. • SILVIA, President and FLOYD J. SILVIA, Treasurer, and , acknowledged the foregoing instrument to be the free act and deed of SILVIA AND SILVIA ASSOCIATES, INCORPORATED, before me - s f Notary P.ublia My commission expires �a�ra �9yn CLRUZY&SCKJ" . ATTCM4CYS AY LAW 72 Poe SYACE7 P.0.9ox 209 + "YAMS.MA.02501 a a n rsoaae . f�u;ti►,Ui u NOV 284 3 \ Boox7599 ew 326 3i304 • OUITCLAIM DSBD 1• Beech Leaf Island, Inc. of 619 Main Street, Centerville, Massachusetts (the "Grantor"), in full consideration of TEN DOLLARS ($1o) sad r good i v a (not exceeding the Mortgage debt subject to which the subject property is hereby conveyed) GRANTS to Osterville Concorde Limited limited partnership of 307 Main Partnership, a Massachusettsp P Street► Hyannis, Massachusetts (the "Grantee"), with QUITCLAIM COVENANTS, the land with the buildings thereon as described in Exhibit A attached hereto (the "Premises") and made a part hereof. The Grantee is taking title subject to that certain Mortgage given by Grantor to Cape Cod Bank and Trust Company, which is dated July 28, 1988 and recorded in the Barnstable County Registry of Deeds at Book 6374, Page 245., which mortgage is securing a promissory note to Cape Cod Bank and Trust Company dated July 28, 1980 in the original principal amount of $2,500,000.00. The Grantee is taking title subject also to that certain Second Mortgage and Security Agreement given by Grantor to Cape Cod Bank and Trust Company, which is dated February 6, 1990 and recorded in the Barnstable County Registry of Deeds at Book 7050, Page 300, which mortgage is securing a promissory note to Cape Cod Bank and Trust Company dated February 6, 1990 in the original principal amount of $439,000.00. The Grantor has voluntarily entered into this transaction with the expressed intention of vesting absolute title in the Grantee. It is the intention of the parties that the mortgages shall not merge with the fee interest being conveyed to Grantee herewith and shall remain as valid liens on the Premises until • such time as they are properly discharged by the mortgagee. For Grantor's title see deed recorded at Bonk 4305, Page 276, The consideration is such that no documentary stamps are required. Witness the execution and the corporate seal of. said corporation this �, day of June, 1991. BEECH LEAF ISLAND, INC. Ro Silviae President Flo J. Silvia, Treasurer • w f fl0`7599 FbGE 327 COMMONWEALTH OF MASSACHUSETTS June _ : 1991 � Then personally appeared the above-named Ronald J. Silvia, President and Floyd J. Silvia, Treasurer, who acknowledged the foregoing instrument to be the free act and deed of Beech Leaf Island, Inc. before me, Worw Pub omflti eien•-ev esr -To�)t�1 ( i ct.c�l but- - i reap/2t8ss.sa�ta�a.�a.zs.3�.s3' 9 ' e eooK 7599 vAu 328 EXHIBIT "A" The land situated in Barnstable {Centerville}, Barnstable,. ` County, Massachusetts, bounded and described as follows; LOTS 28, 31, 33 and 35, as shown on a plan of land entitled "BEECH LEAP' LANDING, Phase II, Land Court Plan of Land in BARNSTABLE (Centerville), MASS. Owned by SILVIA a SILVIA ASSOCIATES, INCORPORATED, Scale 1" . 40', March 23, 1984, Baxter & Nye, Inc,, Registered Land Surveyors, Osterville, Mass.", which plan is duly filed with the Land Registration Office at Boston as Land Court Plan 41630-A, Pared n , a copy of which is filed with the Barnstable County Registry of Deeds. Said LOTS 28, 31, 33 and 35 are conveyed subject to Protective Covenants, Restrictions, Rights and Reservations. Governing Beech Leaf landing, Phase II, Centerville, Massachusetts dated October 29, 1984, and recorded in Book 4299, Page 311. Said LOTS 29, 310 33 and 35 are conveyed together with the right to use Beech Leaf island Road from Bay Lane, a public way, for all purposes for which ways are used in the Town of Barnstable. Said LOTS 28, 31, 33 and 35 are further conveyed subject to and with the benefit of all rights, easements, restrictions, rights of way, and reservations of record insofar as the same are in now in force and applicable. For title, sea deed from Silvia and Silvia Associates, Incorporated dated October 29, 1.984, recorded in Book 4305, Page 276. RECORDED JUL 3 91 r�uq/2ia3S.30/44d��erl�t/d.21l,3t,33 Book 1038 Page 42 Doc. No. 553,419 Ctf. No. 126642 ORIGINAL CERTIFICATE OF.TITLE Entered pursuant to a decree of the Land Court, dated at Boston, in the County of Suffolk and Commonwealth of Massachusetts, the twentieth day of May in the year nineteen hundred and ninety-two, and numbered 41630 on the files of said Court. COPY OF DECREE COMMONWEALTH OF MASSACHUSETTS. LAND COURT. In the matter of the Complaint of Silvia and Silvia Associates, Incorporated numbered 41630 after consideration, the Court doth adjudge and order that Oaterville Concorde Limited Partnership, a Massachusetts limited partnership having an usual place of business in Barnstable, in the County of Barnstable, and said Commonwealth, substituted plaintiff on motion, is the owner in fee simple of certain parcels of land situate in Barnstable in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows: FIRST PARCEL: Northeasterly by Beech Leaf Island Road, three hundred sixty-five and 20/100 (365.20) feet', Easterly one hundred thirty-eight (138.00) feet, and Southerly two hundred eighty-nine and 28/100 (289.28) feet by lot 4; and Westerly by lot 1, two hundred forty-seven and 61/100 (247.61) feet. Said land is shown as lot 3 on the plan hereinafter mentioned. SECOND PARCEL: Northerly by Beech Leaf Island Road, twenty (20.00) feet; Northeasterly one hundred two and 54/100 (102.54) feet, Easterly one hundred ten and 85/100 (110,85) feet, and Southeasterly about one hundred twenty-five (125) feet by lot 7; Southwesterly by land now or formerly of Frank G. Thacher, 11; and Westerly by lot 5, 'about tine hundred seventy-five (175) feet. Said land is shown as lot 6 on said plan. THIRD PARCEL: ; Northwesterly by Beech Leaf Island Road, twenty-one and 16/100 (21.16) feet; Northeasterly ninety-one and 22/100 (91.22) feet, Northwesterly ninety-eight and 70/100 (98.70) feet, and. Northeasterly one hundred thirty-five.and 05/100 (135.05) feet by lot 9; Southeasterly by lands now or formerly of Clara S. Groves and of Eva A. Fraiser at al, Trustees, one hundred fifty-six and 04/100 (156.04) feet; and Southwesterly by lot 7, two hundred eighty-three and 44/100 (283.44) feet. Said land is shown as lot 8 on said plan. FOURTH PARCEL: Southwesterly, Southeasterly and Southwesterly by Beech Leaf Island load, about four hundred thirty (430) feet; Northerly, Westerly and Northeasterly by land now or formerly of Silvia & Silvia Associates, Inc,; Easterly by land now or formerly of George Hammond and by lot 9, about eighty-five (85) feet; and Southeasterly ninety-five and 89/100 (95.89) feet, and Southwesterly seventy-nine and 06/100 (79,06) feet by said lot 9. Said land is shown as lot 10 on said plan. All of said boundaries, except the edge of upland, are determined by the Court to be located as shown on a plan drawn by Baxter 4 Nye, Inc., Surveyors, dated March 23, 1984, As modified and approved by the Court, filed in the Land Regis- tration Office, a copy of a portion of which will be filed with the original certifi- cate of title issued on this decree. The land hereby registered is subject to protective covenants as set forth in an instrument dated October 29, 1984, duly recorded in Book 4299, Page 311. The land hereby registered is subject to a covenant and agreement between Silvia and Silvia Associates, incorporated and the Barnstable Planning Board, dated September 17, 1985, duly recorded in Book 5536, Page 18, as affected by a Certificate of Performance, dated October 5. 1987, duly recorded in Book 5971, Page 200. So much of the land hereby registered as is included within the limits of said Beech Leaf Island Road is subject to the right of all persons lawful- ly entitled thereto in and over the same, and there is appurtenant to the land here- by registered the right to use Beech Leaf island Road, as shown on said plan and also as shown on Land Court Plan No. 41594A, to and from said land and Bay Lane, in common with all others persons lawfully entitled thereto, for all purposes for which streets or ways commonly are used in said Barnstable, The land hereby registered is subject to grants and reservations set forth in two deeds given by Silvia & Silvia Associates, Incorporated, one to Thornberry, Inc., dated October 29, 1984, duly recorded in Book 4305, Page 273, and one to Beech Leaf Island, Inc., dated October 29, 1984, duly recorded in Book 4305, Page 276. So much of said lot 8 as is included within the limits of the Way, ' approximately shoran on said plan, is ,subject to the rights of all persons lawfully entitled thereto in and over the-some, as affected by a release deed given by Silvia and Silvia Associates, Incorporated to David P. Woods at ux, dated June 10, 1986, duly recorded in Book.5867, Page 259. Ctf. 126642 Said lot 3 is subject to such rights as may exist at the date of decree in and to the ditch (4.00 Wide), approximately shoran on said plan. The land hereby registered is subject to the terms set forth in an Order of Conditions issued by The Commonwealth of Massachusetts, Department of Envi- ronmental Quality Engineering, duly recorded on October 6, 1.987, in Book 5963, Page 89, as affected by three instruments, one an Extension Permit, duly recorded on October 13, 1987, in Book 5971, Page 201, one a Partial Certificate of Compliance, dated May 24, 1988, duly recorded in Book 6338, Page 130, and one a Certificate of Compliance, dated December 6, 1988, duly recorded in Book 656% Page 272. . Said lot 3 is subject to the terms set forth in an Order of Condi- tions issued by the Barnstable Conservation Commission, dated May 6, 1986, duly recorded in Book 5089. Page 155. as affected by an Extension Permit, duly recorded on February 2, 1989, in Book 6615, Page 205, as amended by an instrument, dated April 17, 1990, duly recorded in Book 7162, Page 225, and as affected by an Exten- sion Permit, dated April 17, 1990, duly recorded in Book 7165, Page 220. Said lot 6 is subject to the terms set forth in an Order of Condi- tions issued by the Barnstable Conservation Commission, dated May 6, 1986, duly recorded in Book 5089, ,Page 163, as affected by an Extension Permit, dated January 6, 1989, _duly recorded in Book 6615, Page 209, as amended by an instrument dated April 17, 1990, duly recorded in Book 7162, Page 230, and as affected by two Exten- sion Permits, one dated May 8, 1990. duly recorded in Book 7162, Page 234, and one dated June 11, 1990, duly recorded in Book 7200, Page 256, Said lot 10 is subject to the terms set forth in an Order of Condi- tions issued by the Barnstable Conservation Commission, dated May 6, 1986. duly recorded in Book 5089, Page 175, as affected by an Extension Permit, dated January 6, 1989, duly recorded in Book 6620, Page 143, as amended by an instrument dated April 17, 1990, duly recorded in Book 7162, Page 236, and as affected by two Exten- sion Permits, one dated May 8. 1990, duly recorded in Book 7162, Page 240, and one dated ,Tone 11, 1990, duly recorded in Book. 7200, Page 258. And the Court doth adjudge and order that said land be brought under the opera- tion and provisions of Chapter 185 of the General. Laws, and that the title of said Osterville Concorde Limited Partnership to said land be confirmed and registered; subject, however, to any of the encumbranc- es mentioned in Section forty-six of said Chapter, which may be subsisting; and subject also as aforesaid; to a mortgage covering this and other land given by Beech Leaf Island, Inc. to Cape Cod Bank and Trust Company, dated July 28, 1988, duly registered as Document No. 464,302, and now registered as to the land hereinbefore described, as affected by a supplement to mortgage agreement between Beech Leaf Island, Inc. and Cape Cod Bank and Trust Company, dated February 6, 1990, duly regis- tered as Document No. 500,576; and to a mortgage covering this and other land given by Beech Leaf Island, Inc, to Cape Cod Bank and Trust Company, dated February 6, 1990, duly registered as Document No. 500,577, and now registered as to the land hereinbefore described, as affected by a collateral assignment of leases and rents from Beech Leaf Island, Inc. to Cape Cod Bank and Trust Company, dated February 6, 1990, duly registered as Document No. 500,578. WITNESS, JOHN E. FENTON, JR., Chief Justice of the Lana Court, at Boston, in said County of Suffolk, the twentieth day of May in the year nineteen hundred and ninety-two , at ten o'clock and 00 minutes in the forenoon. Attest, with the Seal of said Charles W. Trombly, Jr., Recorder. (SEAT,.) A true copy. Attest, with Seal of said Charles W. Trombly, Jr., Recorder. (SEAL.) Received for Transcription at Barnstable County Registry District, May 21, 1992 at 1 o'clock and 12 minutes p.m. A true copy. Attest, with the Seal af_Xi#�d Court, d JOHNF. MEADE, Assistant Recorder. Land Court Case No. 41630 Adillikkk - MEMORANDA, OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE 126642 DOCUMENT DATE OF INSTRUMENT SIGNATURE OF NUMBER KUNNTN(3 TN FAVOR OF TERMS DATE AND TIME AMWANTT RECORDER DISCHARGE OF REDTBTRATTON 464,302 Mtge. i Cape„Cod Bank.6 Trust Co. Lots 3, 6, 8, 10 & other. Reg. 7/28/88 j.- Ld., $2,500,000. 7/29188 1:14p.m. 500,576 Agee. Cape Cod Bank 5 Trust Co. Re: MCge. .Doc.+464,302. 2/6/90 2/7/90 2:49p.m. 500,577 Mtge.. & Cape Cod Bank-6 Trust Co. Ret Lots 3, 6, 8, 10 & other 2/6/90 Sec. Agr e. Reg. Ld,, as stated in Mtge. 2/7/90 2:49p.m. . 500,578 Assign. - f Cape Cod Bank 6 Trust Co. See Doc. & other Reg. Ld. 2/6/90 Leases & 2/7/90 2:49p.m. Rents 554,001 Deed Brian T. Dacey, Tr. Lot 8, Pl. 41630—A See Ctf. 5115/92 T _, •126705. 5/29/92 10:00a.m. y, 554,007, Deed Brian T. Dacey, Tr. Lot 3, P1. 41630 A See Ctf. 5/15/92 No. 126707. 5129/92 10:00a.m. 554,008 Deed Brian T. Dacey, Tr. 1Lot 6, P2. 41630-A See Ct€. 5/1.5192 29/9. 1 + DaOQa.m. .. 554,012 Eistn. Barnstahie Conservation Re: 0/Cond, Bk. 508*9 Pg. 175 6/11/90 Permit Commission (tot 10). 5/29/92 10:01a.m. _� MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE --.- ............ -.- - DOQUAd IWT DATE OF INSTRUMENT SIGNATURE OF DISCHAROE NUMAER RIND RUNNING W FAVOR OF TERI-IS DATE AND TIME A58.ISTANT RECORDER OF RzOISTRATION _ A/. �i4o s xy ir: rl L- I oo� �.. r Book' 1038 Page 105 Doc. Nos, 533,998 553,999 554,000 • 2670001. Ctf. No. 126705 TRANSFER CERTIFICATE OF TITLE From Transfer Certificate No. 123787 Originally Registered July 2, 1991, Transfer 123790 July 2, 1991, Original 126641 May 21, 1992, Original 126642 May 21, 1992, in Registration Book 1014 Page 67 for the Registry District of Barnstable County, 1014 70 1038 41 1038 42 THIS IS TO CERTIFY that Brian T. Dacey, Trustee of Beech Leaf Nominee Trust, under a Declaration of Trust, dated May 26, 1992 being Document No. 554*002, with a mailing address of P. 0. Box 95, Centerville, Barnstable County, Massachusetts 02632, is the owner(s) in fee simple CM CELLED* of that land situated in Barnstable D* in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows: DOTS 44 AND 15 PLAN 41594-A (Sheet 3) LOTS 5 AND 8 PLAN 41630-A Lots 14 and 15 are subject to protective covenants, restrictions, fights and reservations made by Silvia & Silvia Associates, Incorporated, dated August 20, 1982 duly recorded in Book 3546, Page- P- I P Lots 14 and 15 are n forth subject to the terms set f e� o i the Order of Conditions issued by Town of Barnstable Conservation Commission, dated August 16, 1982 duly .recorded in Book. 3558, Page 332, as affected by a Certificate of Compli- ance, dated May 27, 1983 duly recorded is Book 3761, Page 315, and Document. Nos, 4 t3,q!� 419,950 and 43� ; Lots 14 and 15 are subject to utility easements set forth in a grant made by Silvia S Silvia Associates, Incorporated to Commonwealth Electric Company and New England Telephone & Telegraph Company, dated October 4, 1984 duly recorded in Boole 4276, Page 031. Lots 5 and 8 are subject to grants and reservations set forth in two deeds given by Silvia & Silvia Associates, Incorporated, one to Thornberry, Inc., dated October 11, 1984 duly recorded in Book 4305, Page 171, and one to Beech Leaf Island, Inc., dated October 29, 1984 duly recorded in Book 4305, Page 276. $o much of Lot 8 as is included within the limits of the Way, approximately shown on said plan, is subject to the rights of all persons lawfully entitled thereto in and over the some. as affected by a release deed given by Silvia & Silvia Associates, Incorporated to David P. Woods at ux, dated June 10, 1.986 duly recorded in Book 5867 Page 259. ' go much of the land as is included within .the limits of Beech Leaf Island Road is.subject to the rights of all persons lawfully entitled thereto in and over the same,, and there is appurtenant to said land the right to use Beech • Leaf island Road as shown on said plan and also as shown on Land Court Plan No. 41594-A., to and from said land and May Lane in common with all other persons lawful- ly entitled thereto for'all purposes for which streets or ways are commonly used in said Barnstable. Lots 5 and 8 are subject to the terms set forth in an Order of • Conditions issued by the Commooweolth of Massachusetts, Departtment of Envirotrmeotal Quality Engineering, duly recorded on October 6. 1987 in Book 5963, Page,89, as i affected by three instruments, one an Extension permit duly recorded on October 13, 1987 in Book 5971, Page 201; one a Partial Certificate of Compliance:, dated Macy 24, 1988 duly rec-orded- in Book 6338, Page 130; and one a Certificate of Compliance, dated December 6, 1988 duly recorded in Book 6563, Page 272, Lot 5 is subject to the: terms set forth in an Order of Conditions issued by the Barnstable Conservation Commission, dated May 6, 1986 duly recorded in Book 5089, Page 167s as affected by an Extension Permit duly recorded on February 2, 1989 in Book 6615, Page 211, as amended by an instrument dated April 17, 1990 duly recorded in Book 7162, Page 201, attd as affected by two Extension Permits, one dated May 8, 1990 duly recorded in Book 7162, Page 205, and one dated June 11, 1990 duly recorded in Book 7200, Page 250. Lots 5 and 8 are subject to protective covenants as set forth•in an instrument dated October 29, 1984 duly xecorded in Book. 4299, Page 311. Lots 5 and 8 are subject to a covenant and agreement between Silvia 6 Silvia Associates, Incorporated and the Barnstable Planning Board, dated September 17, 1985 duly recorded in Book 5536, Page 18, as affected by a certificate of performance dated October 5, 1987 duly recorded in Book 5971, Page 200. And it is further certified that said land is under the provi- sions operation and rovi- sions of Chapter 185 of the General Laws, and that the title of said Brien T. Dacey, Trustee as aforesaid to said land is registered under said Chapter, subject, however, to any of the encum= braActs mentioned in Section forty-six of said Chapter, which may be subsisting. WITNESS, JOHN E. FENTON, JR.. Chief Justice of the Land Court, at Barnstable, in said County of Barnstable, thee twenty-910th 44y of May in-the year nineteen hundred and -ninety-two, at 10 o'clock and 00 minutes. Attest., with the Seal of said Court, JOHN F. RUDE, Assistant Recorder. Land Court Case No. 41594 & 41630 i MEMORANDA OF ENCUMBRANCES ON TIME LAND DESCRIBED IN THIS CERTIFICATE 126705 DOCUMENT KIlYD DATE OF INSTRUKFAgT ST[iNATORE OF NUMMER RUNNING IN FAVOR OP TERMS DATE ANT?TDM ASS Sm T RECORDER DISCHARGE pF REdTSTRATION 464,302 Mtge.. Cape Cod Bank & Trust Co. Lots 8, 15 & other Reg. 7/28/88 Ld., $2,500,000. 7/29/68 1:1.4p.m. 464,304 Mtge. Cape Cod Rank & Trust Co. Lots 5 & 14 & other Reg. 7/28/88 Ld., $2,500,000. 7/29/88 1:23p.m. 487,240 Ofeond. Barnstable Conservation Re. Lot 15, P1. 41594-A 6129/89 Cam-Ission (Sh. 3). 7/11/89 11:06a.m. 487,244 O/Coed. Barnstable Conservation Re: Lot 14, Pl. 41594-A 6129/89 Commission (Sh.. 3). 7/11/89 11:09a.m. 500,559 Agree. Re: Mtge. Doc. 464,304. 2/6/90 217/90 2,21p.m. 500,561- Mtge. & Cape Cod Bank & Trust Co. Lots 5 & 14 & other Reg. Ld., 2/6/90 Sec. as stated in Mtge. 2/7/90 2:21p.m. Agree. 500,562 Assign:/ Cape Cod Bank & Trust Co. See Doi. & other Reg. Ld. 2/6/90 Leases & 2/7/90 2:49p.m. Rents 500,576 Agree. Cape Cod. Bank & Trust Co. Re: Mtge. Doc. 464,302. -2/6/90 2/7/90 2:49p.-m. --- �. �.jl� MEMORANDA OF ENCUMBRANCES ON TIME LAND DESCRIBED IN THIS CERTIFICATE 126705 _ DATE of INSTRUMENTXKWUM _ E OF NUMBER KIND RUNNtN0 IN FAVOR OF TERMS DATE AND TIME ASSISTANT ECORDER DISCHARGE OP REGISTRATION 500,577 Mtge. & Cape Cod Bank & Trust Co. Lots 15 & 8 & other Reg. Ld., 216/90 Sac. as stated in Mtge. 2/7/90 2;49p.m. Agree. 500,578 Assign./ Cape Cod Batik 5 Trust. Co. See Doe. & other Reg. Ld. 2/6/90 Leases & 2/7/90 2:49p..m. Rents 554,002 Dec1. of Beech Leaf Nominee Trust See Doc, 5/26/92 Trust 5129192 10:00a.m. 554,011 Mtge. & Cape Cod Bank & Trust Co. Lots 5, 8, 14 & 15 & other 5/28192 Trs. Reg. Ld., $475*000. 5/29/92 10:01a.m. 554,018 Extensior Barnstable Conservation Re: 0/Cond. Book 5089, 6111./90 Permit Commission Page 167 (Lot 5). 5/29/92 10:02a.m. f 554,019 Par. Rel. Rel. Lots 5 & 14 from Mtge. 5/28/92 Docs. 464,304, 500,561 & Assig 5/29/92 10.02a.m. Dot:. 500,562; Lots 8 & 15 from �. Mtge. Does.. 46.4,302 & 500,577 Assign. Dam. 500,578. t ;1 560,144 Amend.. Barnstable Conservation Amending 0/Good. Doe. 487,240. 7/2/92 Commission 8/12/92 3:41p.m. y 560,145 Extensior Barnstable Conservation Re: 0/Cond. Doc. 48%240. 6/29/89 Permit Commission 9112/92 3:41p.m. MEMORANDA OF ENCUMBRANCES ON TIME LAND DESCRIBE® IN THIS CERTIFICATE 1-16 ,7 0 s DATE: OF INSTRUMNT 1 U ER KIND RUNNING to FAVOR OF TERMS SIQNATURE OF DISCFCARt3E r itZ AND ATW ASSTRTANT RE coRRRR OF R,FCITBTRATIQN - �_ ��row• � °�-�-� �- 8 -�.9 a to,as _ - ,.�• �V U �,�. 5'lAo,�tc!0 3 8-�fo-��- tt3 s,3 I o<, . C LOT.- SEE£TF.NO: Gcy +k -2tr- 3 Io S4, =.� NO ux- MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE DATE OF MMUMENT SWNATtam or I)OCA MER KIND RUNNING EN FAVOR OF TERMS DATE AND TrWE ASSWrANT RECORDER DISCHARGE • OF i3EUISTB;ATiON" LOT. f S" #q-[Sit .a" SEE C F NO: 9-g.3 V✓E- t 43,76000 LoT:_ v PLAN:4f Le30-A n �K= .NO- fl 1044-13 . -3 t- 5 t{f G 3a ' ("3.4 Sao [ -95 lisott" Land Court Certificate -Search Results Pagel of 2 BARNSTABLE LAND COURT REGISTRY DISTRICT JOHN F. MEADE, REGISTER Land Court by Certificate# Search Certificate#: 131685 <Previous Show Print Cart Print Listing Certificate Listing Doc. No. 595,942 Ctf. No. 131685 TRANSFER CERTIFICATE OF TITLE From Certificate No. 126705, Originally Registered May 29,1992 in the Registry District of Barnstable County. THIS IS TO CERTIFY that KENNETH I CIRILLO, MARGUERITE A CIRILLO, husband and wife, as tenants by the entirety, of 153 Beech Leaf Island Road, Centerville, Massachusetts 02632, " the owner(s) in fee simple, of that land situated in BARNSTABLE in the county of Barnstable and the Commonwealth of Massachusetts, described as follows: LOT 8 PLAN 41630-A Said land is subject to grants and reservations set forth in two deeds given by Silvia &Silvia Associates, Incorporated, one to Thornberry. , Inc., • dated October 29, 1984 duly recorded in Book 4305, Page 273, and one to Beech Leaf Island, Inc., dated October 29, 1984 duly recorded in Book 4305, Page 276. So much of said land as is included within the limits of the Way, approximately shown on said plan, is subject to the rights of all persons lawfully entitled thereto in and over the same, as affected by a release deed given by Silvia &Silvia Associates, Incorporated to David P. Woods et ux, dated June 10, 1986 duly recorded in Book 5867 Page 259. So much of the land as is included within the limits of Beech Leaf Island Road is subject to the rights of all persons lawfully entitled thereto in and over the same, and there is appurtenant to said land the right to use Beech Leaf Island Road as shown on said plan and also as shown on Land Court Plan No. 41594-A,to and from said land and Bay Lane in common with all other persons lawfully entitled thereto for all purposes for which streets or ways are commonly used in said Barnstable. Said land is subject to the terms set forth in an Order of Conditions issued by the Commonwealth of Massachusetts, Department of Environmental Quality Engineering, duly recorded on October 6, 1987 in Book 5963, Page 89, as affected by three instruments: one an Extension Permit duly recorded on October 13, 1987 in Book 5971, Page 201; one a Partial Certificate of Compliance, dated May 24, 1988 duly recorded in Book 6338, Page 130; and one a Certificate of Compliance, dated December 6, 1988 duly recorded in Book 6563, Page 272. Said land is subject to protective covenants as set forth in an instrument dated October 29, 1984 duly recorded in Book 4299, Page 311. Said land is subject to a covenant and agreement between Silvia & • Silvia Associates, Incorporated and the Barnstable Planning Board, dated September 17, 1985 duly recorded in Book 5536, Page 18, as affected by a certificate of performance dated October 5, 1987 duly recorded in Book 5971, Page 200. https:Hsearch.bamstabledeeds.org/ALIS/W W400R.HTM?WSIQTP=LC 12I&W9RCCY=l... 4/21/2016 Land Court Certificate -Search Results Page 2 of 2 And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said owner(s) to said • land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting WITNESS ROBERT V. CAUCHON, Chief Justice of the Land Court at Barnstable, in said County of Barnstable, the fourteenth day of October in the year nineteen hundred and ninety-three at 3 o'clock and 49 minutes Attest, with the Seal of said Court, JOHN F. MEADE,Assistant Recorder. Land Court Case No. 41630 <Previous Show Print Cart Print Listing https:Hsearch.bamstabledeeds.org/ALIS/WW400k.HTM?WSIQTP=LC 12I&W9RCCY=1... 4/21/2016 Page 1.-of 1 Anderson, Robin From: Shea, Sally Sent: Monday, May 08, 2017 9:09 AM To: Brigham, Anna Subject: RE: 149 beech Leaf Island Rd Building Permit Hi Anna, We do not review applications for buildability purposes until the application has been submitted. If you have not signed off on the application,the application has not been submitted. Sally Shea Town of Barnstable Assistant Zoning Admin/Lead Permit Tech. 508-862-4031 From: Brigham, Anna Sent: Friday, May 05, 2017 2:07 PM To: Shea, Sally Subject: 149 beech Leaf Island Rd Building Permit Hi Sally, I haVe'a request to sign off on this Building permit.....but has the Building Commissioner determined this lot is buildable? e104. Anna Brigham ` Principal Planner 'own of Barn ble,#200 Win Dar ett Kyann:s,MA 0260 anna.brigbamCat awn-barnl ma-us , Tb*Website• Business Barnstable• HyArts• Barnstable iForurn 5/8/2017 l i j i j .. �. � 3Fs00;=� TOWN OF SABL S�erm1Y Pdo. ............... c o`iH r 70 BUILDING DEP��TI1r� l�I I" cash TOWN OFFICE BUIL DING o�m HYANNIS.MASS.02.601 Bond CERTIFICA E OF IJSE AND OCCUPANCY I ti Issued —r L I :LEAF NOi3?�aF.I TtiUc T I _ Address i „ 153 Fieecli Zcai 1.-7lawll P.Oa6, Gci�L.�1z�i11e OCCUPANCY LOAD USE GROUP FIRE GRADING i _ I ., k THIS PERMIT, WILL NOT BE VAUPIED LID, AND THE BUILUNTIL DiI�IG SHAI L NOT BE O E WITH . BUILDING. IINSPECTOIZ UPON SAIISI:119.0TO OF THE COPIPLIA SIGNED BY THE REQUIREMENTSl`JD IN ACCOF?DANCE 1�'ITTI`SECTIt7v' 19.0 O .IIIE "IASSt�CI3YJSEITS STATE BUILDING CODE. ,. } r / . n 3 } v �Cli 7 �` Bu-ilding Inspec[o Z. IWO SHUSET S E MA�SSAC om oftc'. EW 6, 7:; £ ,is 4. 95 t$ DAYE 19 PERMIT NO. /APPLl'CAJNT Ch2Y1es �iA t{c>r" ail ADDRESS" Ma Z.t.lwood ",Roadi Worcester (NO.) (STREET) (CONTR'S LICENSE) it PERMIT TO Build dwelling � Single family -residence NUMBER OF ( 1 STORY DWELLING UNITS ('T"YPE OF IMPROVEMENT) !' NO'. (PROPOSED USE) AT (LOCATION) 155 Beech Leaf Island Road-, Cente vi.1le,.. ZONING RD1 DISTRICT (NO) (STREET) . BETWEEN `0 " AND. STREET.) - (CROSS ST REETI LOT SUBDIVISION £" - LOT - BLOCK' SIZE, F-d BUILDING IS TO BE FT_""♦IDE BY -- FT. LONG BY FT. IN .HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: Sewage #94--703 AREAVOLUME 2080 sq: tt.. ESTIMATED COST 11.5,nCC PERMIT .313.ZO (CUBIC/SQUARE FEET) OWNER Sams ADDRESS By BUILDING DE Yi �� �✓,r ✓ :tom ., -_ .. THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY,ST.REE:.T, ALLEY OR. SIDEWALK OR ANY PART THEREOF. EITHER TEMPORARILY OR - PEftMANENTLY.. ENCRO A,CHMENTS O ON PUBLIC PROPERTY, NOT SPECIFICALLY PERMITTED UNDER THE BUILDING COD Ev' MME T:;.BE_XP•--- - pr PRO.YED BY THE JURISDICTION. STREET OR 'ALLEY GRADES AS WELL.AS DEPTH.AND.LOC�AT+.ON O'F::P_UBLIC;S'EWc V25'M A Y-BBTAINED FRaMV THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT-'RELEASE THE.APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICT 16 N S.MINIMUM. OF OF THREE CALL •AP.PR.OVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE. APPLICABLE SEPARATE - INSPECTIONS REQUIRED FOR CARD KEPT POSTED UN PERMITS ARE REQUIRED FOR ALL CONSTRUCTION WORK: _ TIL FINAL INSPECTION HAS BEEN ELECTRICAL,.- PLUMBING. AND I. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECH'ANI CAL INSTALLATIONS. 2. PRIOR TO"COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL M SIREADY TO LATH 3. FINAL FINAL INSPECTION HAS BEEN MADE. L INSPECTION BEFOREE - - OCCUPANCY. • TPOST HIS CARD IS 'VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 'AO-Alla- 2 2 Z J HEATING PECTION APPROVALS ENGINEERING DEPARTMENT 1 i ` BOARD OF HEALTH OTHER 4 - T TE PLA REVIEW APPR A WORK SHALL NOT PROCEED UNTIL THE,INSPEC. PERMI-T WILL BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD CAN BE TOR HAS APPROVED THE V'ARIODUS STAGES OF WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE ARRANGED FOR BY TELEPHONE OR WRITTEN CONSTRUCTION. ( PERMIT IS ISSUED AS NOTED ABOVE.. NOTIFICATION. TOWN OF BARNSTABLE CERTI;�'ICATE OF OCCUPANCY PARCEL ID 187 063 007 GEOBASF ID 32810 _ ADDRESS 15.5 BELCH..LEAF ELAND RO PHONE' C:ENT:FRVILLE SIP LOT 9 BI.,OCK LOT SIZE — DBA DEVELOPMENT DISTRICT C:7 PERMIT 32400 DESCRIPTION NEWSINGLE 'PAM"ILY 'RESIDENiC.E (BLDG PER 37709 PERMIT TYPE BC-00 TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS. Department of Health,. Safety ARCHITECTS: and Environmental Services TOTAL: FEES IME Boy $.00 f;ONC 3TRUCTION COSTS 00 753 MI:SC, NOT CODED ELSFT++HERF STAB 1639: BUILDIN .D Is BY DATE 18SUED 07/28/1998 EXPIRATION DATE MILDI �,KNSTABL'E. MASSACHUSETTS_ NG PERM R�. 13T 063.006 July _ �3 3"'9 �36006 DATE`. 19. .PERMIT NO. /LICP,NT !_ BAjside Bui.ldin` ADDRESS P.O. Bo;: 95 C Titrvll.le9 2LF1 005645 _ .. e� (STR EE 7'I - - ICONf R'S ICE NSEI • 1Iuiid dweliin �• �_� , NUMBER OF PERMIT TO b ( .._) ,STORY n lt1.a.F; J L'1C� �eR111"�: dWe. DWELLING UNITS 1 I (TYPE OF IMPROVEMENT) NO: (pROPOSEO LSE . AT (LOCATION) l53 eeih Lt3f is land 'Road lot #8 Centerville o slia. _ (N0:) - - (STRE ET). ' BETWEEN , : •.,. AND—- (CROSS STREET) 'q':' (CROSS STREET.) ..SUBDIVISION LOT s. LOT BLOCK SIZE ! BUILDING IS TO BE FT, WIDE BY, FT.,LONG BY ''FT. IN HEIGHT,AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION _ I TYPE) REMARKS: a Se WBgT@ 491-3/6 L. r .3UIJU AREA OR - q - VOLUME 1B"'Li `��° i ESTIMATED COST 160,000 FEEMIT $ 164.00 (CUBIC/5QUARE FEET) Beech 'Lea; llo)ninee Trtist OWNER._. P. .FSUi; �15 (.,ei T"' { �.. BUILDING DEPT i / -„y •� ,(` ADDRESS ltr_�V 1.—tea �'iH'. �L-fig_ BY THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET ALLEY OR SIDEWALK'OR ANY PART THEIR EO F, EITH ER TEMPORARILY ® PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY, NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,- MUST BE AP- PROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY 8E OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE `THE APPLICANT FROWTHE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. - MINIMUM OF THREE CALL APPR OV EO PL AN.S MUST BE-RETAINED-ON JOB AND THIS WHERE APPLICABLE SEPARATE INSPECTIONS REQUIRED FOR - PERMITS ARE REQUIRED P.ED FOR ALLICONSTRUCT ION WORK: - CARD, KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN. ELECTRICAL, PLUMBING AND 1. FOUNDATIONS OR FOOTINGS. MADE.. WHERE A CERTIFICATE OF OCCUPANCY 1S RE-' MECHANICAL INSTALLATIONS.' ..I 2.'PRIOR TO COVERING STRUCTURAL QUIREO,SI:ICH BUILDING SHALL NOT BE OCCUPIED UNTIL ?dINAL INSPRS ECTION TO LATH). FINAL-INSF°EGTION HAS E3EErJ'MAD�E, -3. 'FINAL INSPECTION, BEFORE - I- OCCUPANCY. 'POST THIS: � IT 15 VISIBLE FROM S7 . € BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECFION APPROVALS ` 2. e — _ ----2 _ z B _ HEATING IINSPECTION APPROVALS Eh EER G DE T ENT' V(2 — 2 2 !>1 a� '- - _ O RD OF LTH . OTHER SITE PLAN REVIEW APPROVAL : WORK SHALL NOT PROCEED UNTIL THE INSPEC- PERMIT W!L,L BECOME NULL AND VOID IF CONSTRUCTION 0-CONST TOR HAS APPROVED THE VARIODUS STAGES OF LIERI�IT RK IS'NOT STARTED ''WITHIN SIX MONTHS OF DATE THE NS ANGEN FOR BATED EP THIS CARD CAN BEARRANGED FOR BY TELEPHONEOR WRITTEN CT ON: _ IS ISSUED AS NOTED ABOVE. NOTIFICATION. - I� ,&, 31_ y - --- \1a4�g�jlt[I(f}llflhlMq .34 --— ----- -- RVIL CE 01 _ fZry, C>�\ - so -SS. G _ �z s ,,,,�vvv���JJJ�JIIII'''',,,, �V ♦♦ (> Jl � s � a 24 _ IJ Andrejs R.Strikis Architect -- - 85 River Yew Iaee•C.1—iM,MA 02632-TeWphm.(508)790-0920 - ,r Site Plan SITE 149 Beech Leaf Island Road,Centerville,MA. General Notes: _ 1.All work to be performed in accordance with Massachusetts State Building Code,780 CMR,Eighth Edition,IBC 1009,and applicable codes included by reference.Framing to be in accordance with the - O American Wood Council Wood Frame Construction Mannal,110 MPH Zone.All work to be as - - : approved or directed by local authorities having jurisdiction. _- _ 2.Contractor to secure all permits,and to arraage for inspections by local authorities having jurisdiction,as may be required.• r u' __ 3.Work to be left in clean condition,ready for use and occupancy.All debris to be disposed offsite in a -' - l lega manner. i 4.Contractor to install or upgrade all plumbing,electrical,heating and venting systems us required,per / )TkALy I code.Install and upgrade all fire protection systems per applicable codes,or as may be required by local authorities having jurisdiction,including smoke and carbon monoxide detectors. �- W _ I V I A A A \A A k £ 0.1OD _ O 29- - O FC _ N ... _a _ ! II cry/) r II n _ �1TJtinW G51 -117r•�— toV- ' ge -14 09 HM O. � I _ LJ Iv N Zvi .._-_._—.-.__ .•�.Y �..� I w - --- re -ram D`,L-T�5lrosclzu C- x 1 N ---- - et I. • � of J 4x4 eosr 4�niT %V _ti _ I I 9So"x 7o' 'o.0 I 9%o'x 7%O off I I t _ 8=0; 2•f�O 0uvR. I ��o,: �' _o ti��tYfIIplNtpt)Jt1�/RNh 14 -- lF 4 44 r 21,0 l i ro a o„ �� N 897 'F ILL : rvl 8S. -14 L1AlN-,C-�1z5"A- _.,.._ _ s k �� -- - � ;t,� -nuo��rs..._ r'���7l�ij 1 I t.•s�`���, SST ft1rL. 1_47o-�i'�'--:..SASEM �Ct3'av-- g T1,16N;__51VII-1. ...._.._.-- Andrejs R.Strikes Architect �O�r-I{_--- --- - — - 83 River View Lane.Cowerville,MA 02632-Telephone:(508)790-0920 —_ Floor Plans -Mlr-t'y) -rCa 91 f ;-f. Al9 Beech Leaf Island Road,Centerville,MA l 1 I I I I — fT 51JI _..) LTV 1�T.L2t1 --- Li I i _ 63 Gli1'Grf ' I / ` c 1.T1 I n 9 I I I L i onw 57�rf�ii-RF�-6Y�o _ � - __I I I P n At r —i — � { - i-----------=------=---------'� ,•�,�S5 R. sP'p+� s� N 2897 e. ' N ERVI ---------------- ' •`A'�~� Andrejs R:Strikis Architect 85 River View Lme,Cmmrv)Re,MA 02632-Te ue:(508)790-D920 Elevations 149 Beech Leaf Island Road,Centerville,MA A2 t 00 O 7 irnT I � CD j__ I IJiY t t'— ----- ---- -- 11- + •• ' ��:E.g"—yf�'—T_p �------- - I -' - �—`--- - rr �'o ,...v.•'`Q�IPb ,�`>. Andrejs R.Strikis . - Architect . 85 aiver YGW L.le,CeotcrA[I,,MA 02672-Teighom:(508)790-0920 Elevations 149 Beech Leaf Island Road,Centerville,MA A3 1 • 1' - �1➢I3RiCfiFtE—r..S`v�a-Y�cuxTLRi,�Y�.�Fe—CODE_-- ._ "Rc A1S"wsoLaS.lLlel.-SYR•,ALI; ATT16S. YLIATE'% - 'tsirSN,TYv- a --kr== _I TYP. . 1 11 IV i I _..__.- -- I ,a sli .•r LE MASS. �� ���4r�rar:1.11101161•N��� Andrejs R.SUWs Architect 85 River Vil Lava Crnle wjl MA q86 -Te bona(508)790-0910 Section 149 Beech Leaf Island Road,Centerville,MA A4 — /k>I o` 5/I/17 P61rt7TtTfp' B'K_W. - — - - F n �— N .. N re M�o zi :YZ--= l� � I41Gfrr`-Ae6uN0._-. --c[7iG(x7>-Y—_ .. u.N•o:...: .'. _-vmralz--rr Tm'z—iT vsQTr�-u'— - � � � - r v — ) Il! �irF1l?r>�'To�s-v�cKg�E-2��6Ft-rt2: _____._-. _.-_._.____�_._ -.—.__._.__.�—.__.-;`,������ �.�..•.•�`/�J'� � —._.. =�z�n W-u�R;-�xsQ9-��'ae� Cr ���5 A S j� C'►�,s —kT co—, wlz No. 29 '' o ' CE RVil x r .•.� `cam Andrejs R.Strikis Architect SS diver View Y- L�C.—W..MA02632 Tdephove:(506)790-0920 Framing Plans 149 Beech Leaf Island Road,Centerville,MA A5 82!o I o, �rdT6-IAIFC.�M14b-GLI il'I;A�7.2_FOti�DAt�N�.__ i __�- 1 ---- ---- -- --------1 I i 1 - b c2 rz ' ILIk Hc7Pcy I i _ I 1 O _ _ ,- _ -- ----------------------------T -----_-----_7 -- -�. 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SF -l.11o I 1 LL 12c>A,t�S 3S,G� S� o.go ,d,�. � � ►. .. t W�-Tt-&t4Ds torl, 'SF 2 � �G�et�i�`/ -t-ir1 A.-�' E.lat-t.c� oc� h ✓�t-- I G�2 pl.p,tJ 's~3y �E '84.f�iTi4t3t_.6 oA 2a HAS $E�1J TZP.G%V\b/ A� i Qt'Go W S AT `04 CS OFFI Gs AN C> FJp APPt� W&S 2��t.nsa t N Tt4E t 4`Z -t-� ,•z�-8 y �rJAcJ�r -to $C 2(4:7 A6t_c "�o to Gt_X;V-V-- ' I , I 1 r B . �. _ .• '��• �,°�" is ,.. , : ; � , � • `, . ! - ; A se L.l. O� 1.—�. ►-I G o U 27T- PL-A I or L-4 AG a E.IZ r S'L\/1 A Wo2po" • - - �a�,-1�-tz �� �t yam. I� Qx�L CST S Lx2v yctz5 -t14is ACzvaL- Sv2v J TOWN OF BARNSTABLE p�_artt��1'G 30AR,u GOU2 1.1 STTZtK.T"t otJs a 1= • • ��`�� ,.- ,:�-� 1 l9a AQt> IrfARGIl 2'a t-joj- MAR Ezt!Z,ls-TErt.e� I--4k0-i� SV2v�yo2. +;cJ•Ya.S"i�::4,. � . ' �C/i /S t�1,jp QyE dsTbnz-'/l Cr-. - 011 ,00 - ? ',2a,6t I7 sF, i N 4 01 80 r l �ro �, �Q •/9 0� `. �,� p Goy- . _05 �/� t/Y fn 8 • 41/ ih - 0 Q N M ;= (F3tD���� Ap IV OF iiilllJJJ C Y s f o L> 04- s A. =� •rev► - 52 187-0. 2-00 -062=005 187 . 41. 187-062-007 - � 187-070 . 187-031-00 3- X9 • 187-071 100 • '?, -069 187-0 187-082 187-032 ••''ti 187-063-007 4 87-0 187-063068 , =008 'sue e3 •3 `'�'" i -"" .:• '- 4 y <�f 1 :, 07 18716. -006 187-063-001 .. 4 . -067 187-080— .. i. L•!:= C7 207- . }a .. 1 -080-002 187=0 04 87-063-003 } �187-063- 05 1 } M18- '• n 87 077 187-063-- 02., -t r D Ao 187-079-002 ,, t, ,> :':.•. 7207 • • •t• IIVV« r� i��i� v: �liiI k` 87-076 033 � .� LEGEND BEECH LEAF CONCRETE BOUND (FND) ■ REBAR W/ CAP (FND) ISLAND ROAD - , :• EXISTING CONTOUR 96 Fs� LOT 10r9 .r•_' LOT 9• l - •g J,. \, j ;� ,, ,, ter• � LOT 5 LOT gLl + LOCUS MAP + :REF PLAN t ., r .- 1 + : i- •fit. - 5- .. 41630 A DEED REF. 139822 ASSESSOR'S MAP:. 187 063 005 4. PROPOSED LOT sti:I _ . , ;e, + i ;'•i. :{ F . +. .' ;S, I co � ,v.s'*:,�.,:..,}.-.....,r..:1 ti a •-. - C H1PROPOSED � ZO NIN, GAMBER rnac► ° RD-1: SETBACKS 30-r-1 0 -10.. FLOOD ZONE X5UD GALON TANK . PANEL I , 1 .. od, , ,_ 3 , . :-�:• o •� . , - DATED: NU 7506 1 1 4 056 NUMBER?,, 3 J R� OVERLAY DISTRICTS: SALTWATER ESTUARY RPOD MAP & PAR j t { . .'• .� t ••� •. ..• • CEL 207 16 3 PROPOSED SITE PLAN G a+ } TP 3 'ti -tiw 1 1. ; +BENCH *TP 4, f o LOCATED A . 17D.92 G/ _ + �r` 149 BEECH LEAF ISLAND R;D y. l bO o ; ENT R : I LLE,C E V MA T 7 BVW 1 �.- oo .GRAVEL' tip, • , e 1 , g 28 499 + : PARKIN AS.F. EAG'.' . `►�'' ``�� �G& - _ • � � �- PREPAREp FORS t MAP..• r .. .. =• ..:.. � t. &:PARCEL•.' J.OHN CILUZZI BVW 2• 1 \ a= OF -c" �i- JU N E 6 2015 �: _Z31'► v _ D ID sy REV: REV: 6 REV: : 7! J •, � r I;JWV 4 .L '" ..a ry` J:,r.'. fp V J•/ .% .,T x- _ - _ .- MAP. & PARCEL a >.-..BYIN 5..... • �, /� 186/092 �T26' _ / MAP & PARCEL �. ' YN KEE LAND SURVEY LLC 3, r. / 187/033 /`1 153 LOVELLS LANE • CA A GRAPHICS LE MARSTONS MILLS, M BVW 6` `Bvi.7 w �� �0 so NOTES: L A JjE TEL: 508 4 8-0055 FAX : 0 5553 ELEVATION 'DATUM .ASSIGNED: keesurvey@comcast.net 8 yanC�comcast.net www.yankeesurvey.net WETLAND FLAGGED BY: WAYNE TAVARES, LA PWS FEBRUARY 2014�•, h = 40 ft. 1 inch SHEET 1 OF 1 JOB#: 55101 JM • PROPOSED SEWAGE SYSTEM PROFILE VIEW N . T. S .- PROPOSED T.O.F. EL.113' PROPOSED FIN GRADE 112'f RISERS PROPOSED FIN GRADE 112'± 20 20 1/8' TO 1/2' DOUBLE WASHED STONE ® 3" THICK OR GEOTEXTILE FABRIC DIA. DIA c0 PROPOSED DE r, 112't " INV EL D►� s l o9.� INV EL _10" MIN. 14" MIN. INv EL 108:�I i : - 8.5. . --�. �-- 109: EL: MIN. 6' INV EL 106.rjb ' io��33 BELOW FLOW LINE - ., .• LIQUID 48• Io7� EL 10� �.. , SUMP o 0 o a c GAS BAFFLE 6' STONE a a . PROPOSED „ .. _ �.•.••., . '• EL PROPOSED 1500 GALLON TANK DISTRIBUTION BOX 48„ 48 3/. PRECAST REINFORCED CONCRETE DISTRIBUTION • BOX -- - DOUBLE•WASHED/STONE TEES. SHALL BE CONSTRUCTED :OF SCHEDULE 40 PVC AND SHALL EXTEND A DISTRIBUTION BOX SHALL HAVE WATERTIGHT .COVER ZrJ� MINIMUM OF 6'ABOVE:THE'FLOW UNE•0. THE SEPTIC.TANK.AND BE .ON: MINIMUM WALL THICKNESS '_ .2-:'.' . THE.CENTERLINE OF THE,'SEPTIC TANK LOCATED"'DIRECTLY UNDER .THE MINIMUM INSIDE DIMENSION a :12• PROPOSED CHAMBER TRENCH CLEAN-OUT MANHOLE; '.. OUTLET INVERTS SFWl BE EQUAL TO EACH OTHER AND AT ` THE INLET PIPE ELEVATION SHALL BE NO .LESS THAN 2' NOR MORE THAN 3' 2''MINIMUM BELOW INLET.INVERT. ABOVE THE INVERT ELEVATION OF THE OUTLET :PIPE- _. . THE DLS`iRIBUTION ONES FROM THE DISTRIBUTION BOX-SHALL ALL HAVE SEPTIC TANK SHALL HAVE A. MINIMUM COVER. OF 9': EQUAL INVERTS AS DETERMINED BY FLOODING THE DISTRIBUTION BOX TO TWO 20 MANHOLES WITH.READILY REMOVABLE IMPERMEABLE COVERS THE HEIGHT OF THE DISTRIBUTION LINE INVERT,AFTER ALL ONES.HAVE .SOIL :DATA. BOTTOM OF SOIL PIT =: EL. .101.5' OF DURABLE MATERIAL SHALL BE.PROVIDED WITH ACCESS PORTS. EEN SEALED IN PLACE BINVERT.:ADJU5i1AENT5 SHALL BE :MADE BY FILLING WITH DURABLE AND 1/201.4 NO. GROUND WATER OR. MIDDLE ACCESS PORT SHALL.BE 8' DNA. MINIMUM. REDOXIMORPHIG FEATURES OBSERVED NONDEFORMABLE MATERIAL PERMANENTLY FASTENED TO .THE LINE OR THE OUTLET TEE SHALL,BE.EQUIPPED.WITH GAS BAFFLE RECOPtSTRUCi1NG THE ONES UNTIL ALL INVERTS ARE OF T EQUAL ELEVATION. • . SOI ' SEPTIC TANK SHALL BE 'INSTALLED LEVEL AND TRUE TO GRADE.ON A AP ROVALTDATE. AV IS L EL. DISTRIBUTION BOX SWILL BE INSTALLED LEVEL AND TRUE TO GRADE ON A LEVEL, MASON STABLE BASE THAT HAS BEEN' MECW WICALLY COMPACTED AND ON .WHICH STABLE:BASE THAT HAS BEEN MECHANICALLY.COMPACTED AND ON WHICH -Y-� 6" 'OF CRUSHED STONE HAS. BEEN PLACED TO ENSURE STABILITY AND 6' OF CRUSHED STONE HAS BEEN PLACED .TO ENSURE STABILITY AND HEALTH. ,.AGENT:- DONNA. MIORANDI, RS TO PREVENT SETTLING. TO PREVENT SETTLING,* - SEPTIC TANK CAPATICY: REQUIRED .330. GALLONS AT 200% .: : . : FIN GRADE 112*t DESIGN DATA. PROVIDED 3 500 .GALLONS TO REMAIN - .. :. T _ 83' • 3 X .1:1.0 , 330 �GPD. REQUIRED FLOW NO GARBAGE DID POSAL::ALLOWED Z. 6. USE: CHAMBER TRENCH _ 1-2.83 W X 2 EFF/DEPTH . . _ o • •.. . . 4 (25' + 25'. + 48" 48" GENERAL NOTES:. . : - .83) X =. 151 ..S:F. „. . . , 8 . 1. ALL THE WORKMANSHIP AND . MATERIALS -SHALL CONFORM 'TO DEP 25 . X , 12.83 = 320 -S.F. TITLE .V AND :THE.TOWN;OF BARNSTABLE RULES:AND REGULATIONS: = OF TRENCHES ONE 471 - X 0.74 3.48 GPU TOTAL DESIGN 'FLOW ITS - TWO .NUMBER FOR THE SUBSURFACE DISPOSAL OF SEWAGE. NUMBER of-UN 2: ACCESS PORTS -OVER TANK: TEES SHALL. BE ACCESSIBLE WITHIN 6. PROPOSED LEACH TRENCH - END VIEW OF FINISHED GRADE . 3. ALL COMPONENTS.; OF THE SANITARY SYSTEM SHALL BE CAPABLE OF ONSTALL TWO 500 GALLON UNITS WITH FOUR FEET OF RUBLE WASHED STONE AT"SIDES.AND:ENDS . _WITHSTANDING H-10. .LOADING. UNLESS THEY ARE UNDER OR WITHIN. 10 OF DRIVES OR PARKING.' H_20 LOADING SHALL BE USED UNDER OR WITHIN 10' OF DRIVES OR.:PARKING,- UNLESS NOTED. T.P.' #1_ PERC <2 M/INCH T.P:. #2 PERC <2 M/INCH T.P. #3. PERC <2 .M/INCH T.P. #4 PERC <2, M/INCH 4. .THE EXCAVATOR/CONTRACTOR SHALL CALL -"DIG SAFE" AND VERIFY THE LOCATION. EL: .1-13.5` EL: 13.5' p p 5' on EL. 113.5' p. EL 113. OF SITE UTILITIES PRIOR TO ANY EXCAVATION, AND SHALL BE RESPONSIBLE FOR ALL MATTERS RELATING_ TO ELECTRIC AND/ GAS EASEMENTS. no-*ORGANIC. "p PoRcrwlc r ppp !ORrw -pw ORGAN n . Ic 5. SEWER -PIPES .SHALL BE SCHEDULE 40 PVC: :(4" D.A. UNLESS OTHERWISE NOTED): 5 5 -_no - 5 . 5 6. ANY MASONRY UNITS USED TO BRING COVERS TO GRADE SHALL BE 10 YR s/8 BW L.S . 10 YR 6/8 Bw LS 10 YR 6/8 Bw Ls io YR 6/8 Bw : LS MORTARED IN PLACE 'AND SECURED TO UNAUTHORIZED. ACCESS. 38" 034') 38" ( 034') -(EL o1T> 38"(EL (EL. 11_. EL 11 . 11 . 110.17� 7. FINISH GRADE SHALL HAVE A MINIMUM SLOPE OF 0.02 FT. PER FOOT. 8. EXISTING SYSTEM COMPONENTS - IF ANY SHALL BE ABANDONED PER " MEDIUM MEDIUM MEDIUM " " EDIUM TITLE 5 REQUIREMENTS. C1 sA►�D ro YR 7/4 "c1" SAND 10 YR 7/4 "Cl" SAPID 10 YR 7/4 C1 . SAND 10 YR 7/4 9. THE EXCAVATOR/CONTRACTOR SHALL BE RESPONSIBLE TO CONTACT YANKEE EL101.5 a EL101.5' EL101.5' EL101.5 SURVEY . 24 HOURS PRIOR TO ANY REQUIRED :INSPECTIONS. 144 144 144 144 10. ALL COMPONENTS SHALL BE MARKED WITH MAGNETIC TAPE OR No G\WATER OR. NO. G\WATER OR. No G\WATER OR No c\WATER OR COMPARABLE MEANS IN ORDER TO LOCATE THEM ONCE BURIED. 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RV 1 it ..r i� i _"*'i •((� Z 24 A drejs R.StrWs • Architect 83 Rha VL,lm4 C ftMft HAOU32-Tdghma ON)790.M i ,�� --�EAf rsnran Site Plan - 149 Beech Leaf Island Road.Centerville,MA• SITE. l l JC i ' _. _ - _ J ' General Notes: — • .All work to be peffornied in accordance with Massachusetts State Building Code,790 CMR,Eighth - - 1 . . - 'tin BBC 1009,and licable codes included by reference.Framing to be in accordance with the Edition, applicable I 4 - tobcns ..._.. -. ..—.._ American Woad Cormcil Wood Forme Constnrction Manuel.110 MPIi 7.oae.All wodc ed or directed by local authorities having jurisdiction approved - '4 2.Contractor to secure all pits,and to arrange for inspections by local authorities having O •i . - jurisdiction,as may be required,- ' e GI. 3.Work to be left in clew condition,ready for use and occupancy.All debris to be disposed otiaite in a - } legal manum �verarot-- J 4.Contractor to install or upgrade all plumbing,electrical,heating and venting systems as required,per =1FAGL 1 code.Install and upgrade all fire protection.systems per applicable modes,or as may be required by � - t./ - local authorities having jurisdiction,including smoke and carbon monoxide detectors. - _ -- _ t V _. ItRTf'IF1 ® - f £ 29=oa £ E £ =..MPSREIi_.@L22Q.QnA_.S _ O A =o a N a II 8 6 i N V 2a 6e 00 eL- - a 00 O - .— - ets .6=ro• 8�0" Io:Ov 'B" 1, .2 V2 gLA - -- "' _ tlTno'SiD&Ll-Gll"f=- �•I,n.' y N —___ _ — _ ___ LL. E4 � ` � I I I I I I- .. .. 1 �T t y�0�•7' ON I t i0•%��0 U• IT O —IA1�4 I _ — ED ,o, A 35 R. C' Q L � A —nrztvcwav• `7: Q,F. 97 ' LL s 04MA NT: I'l'J.P�.F. A -PCZ -ri�_._n-nen.t,•sN- +1lCllileu=�'•t — tsriaeryTsraus _f/l/1=ZZy..:::. - F.- A iB s R.Strikis _ Architect 83 RI c Vlev rmm,Cewt Mc MA a1632-TcbVft=(!M 7904M Floor Plans ThT-TfivE,lfgf.E.'._........—.z-SG.� 149 Beech Leaf Island Road,Centerville,MA A 1 • - �¢c.110 •10�5. qR5 • - Nc—PENA ems — I — {2 x4' =eeecu—early . eTrir Vn _ .. `o- zi V - - h N . mB1IIfilN�'.--'9Kv'fe��'-'r�Y, - - R�AGiI=AkcutJY--- ,r .. -�z-m-•r- +• er .. .- top 0 0 --CpiCl'IIE4-- u, .o: rm'r-I,v-oavrrrmr__: ..of - ---- _ o ' Z56C ik ATi1Ty7 Pr,��C-'—'-.- - _ `�11�1T111HFfitt{�y�� cr ��S R. sr �►,, ,. ti = r, i @ No. 2897 N. © : CE i4V1L Andrejs R.Suikis Ambitect - 8!aAaVicesL C=wA14MAOW2-Tdcph c(308)79"920 Framing Plans 149 Beech Leaf Island Road,Centerville,MA A 5 Yg�l%o 5) q A5 82 0" Z1-o I ZS'L° • -— - ¢:.Edon°7;i'1+ —-yyrLiw S .�----------- l LJ ``- - I I � Icr—orccxrav I i N - --trnvsFWRAP= �------------ BttHa �4.5' I • L's, I I I I 21=0LO r hOUN I pgorCsnv�—wnsee— lV ':W!Z�' l 1 I 11� o I I 33MUMUCE— I ' _ i i 6au 6SIo" Lao' 6;=10` i I , 1 I i to° lo° M ----- ----- I --- -- — --- --- - - 1 L ----- I I I 'D,1Yb .S% ALL. _ _� I la• I .. I '. — r —___—____ yyg� Myer - 6 2-0. ;o.. Z.p 9lO" z=o O 1 1 UP I I 24',0° --- -------- -----o_v-14B — j I �_ �\�\t111111FIf11M4Qal�t�" LAED S R. to ' 1 o - - P--fo-4RBDE yl.lDpfftOFlAwl— C'� 2� f/1, # 1 9 _ r 1 1 I !_ J —u7tfic arr7—{.11R- 8%0° 7 4° _ fir,—�svazrrr s ':6r,._v_I:':.I�f�.fl?.•Ft.MI11• .. `.9ZLf�:_ - �f °+��! O� t�T'� \\\"� Rd klPJL, •�T ,f/!'IJ/I/1h.11145if11U1�\\\ .. L REVIswN: 'r/�/17 Andrejs K Strilds' Architect - RS Rim Vl- Ca=vUX MA02632-7 5OM 7900920 Basement/Foundation Plan 149 Beech Leaf Islmd Rued.Waterville•hiA F 1 . IS NOtED 4'10-15 tJCi . . I LO —• =4LL - — {k�Ti at2�—warms__.....— --- I. � two� -rrm> —stvrx�'r,--crreavco _ TIM - caEM0 I nnLLU ff —1 eritST 1 r GyATrc� i i w �'�'e N 289*"Di I 1 - 1 l - -rrar-r•. � - - I - I ,� ry Al ER•Vll I — ------- ----------------- ---_�_-- — 1— .� u" lit' Andrejs R.Strikis - - Arch$ect - � 85 Rivec Yew Lnot r.•,,,o;w MA 07611-TelepEme poe17sP0970 Elevations 149 Beech Leaf Island Rood,Centerville,MA AA2. .. _ y4°c1Sp' S/i(17 r ..w ' i o Trod- I • • I I L-----', ----� , � , Al j i r s� SJQ� T'Qi y • s —=--------_ _------- --1 . I I I /i I C.2 I. 89 : v` . J2---�--s----=-----�----------� •./J!lFF:il EJSJ;61'Nl! AnJirejs R.Shikis, Architect . - - 85 Rive View tam C.9t Ujk MA02622-hte9Goro:(5M 790d920 Elevations 149 Beech Leaf IsI nd Road,Centerville,NIA - inn-F—SN'E61NING'r-%69-LDJCj..'L4Gy'rl_P� Yr-.4.t;Mtic -zanoana U�_:.fAVE_VE')S.�YP" -_�nrrvtcr-3••-onwNc'rr�ntf,•-(YP.. --- ``����r�lollllrnt►;y►�f4lIll. T ji 89 I � ^ . i i .• - —. ---g�,-s�iFxr---- �Q•.� C MASS. 1.44 3 . 4. ••,Y• S � � S . r �M`IUl/fttlltlq{�s� Andrejs R.Strikis Architect fig Rive Vier Lme,Cmrcrvate.MA 02632-T .(M)790.OnO : Section' 1 ,� 149 Beech Leaf Island Road,Centerville,MA