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Home My WebLink About0176 CAP'N CROSBY ROAD � ��I� � � - �-e.. � o �� -� V� �o��_ -�- w ��__ , � �-� � =�.h � � _____ .- 6 i k J. COURT MOLLOY, ESQ. - ? 2 4 F3`{ �' ' 379 ROUTE 6A _ EAST SANDWICH MA 02537. Telephone E-mail 508 833-3707( ) jcourtanolloi/@verizon.net (508) 8�i3-;3y11 (508) 437-4794 April 22, 2008 Mr. Thomas Perry, Director& Building Commissioner Town.of Barnstable 200 Main Street Hyannis, Massachusetts o2601 Re; 176 Cap'n Crosby�Road, Centerville;Map 193, Parcel 213 Barnstable Registry of Deeds, Plan Book 312, Page 14, Lot 68 Application far Building Permit/Zoning Opinion Letter Dear Commissioner Perry: On October 12, 2007, I wrote you a letter regarding the above-captioned property (copy enclosed). To date, I have received no response. I would appreciate an opportunity to discuss this matter Adth you at your convenience. Thank you for your.attention in this matter. If there are any questions, please do not hesitate to contact me at(5o8) 833-3707• Very truly yours, Julie C. 11oy .Enclosure c: Ms. Janine.Aquilio, Trustee Lawrence Pond Realty Trust t J. COURT MOLLOY, ESQ. 379 ROUTE 6A EAST SANDWICH MA 02537 Telephone -E-mail Facsimile (508) 833-3707 jcourtmolloy@verizon.net (508) 833- 3711 (508) 437-4794 October 12, 2007 Mr. Thomas Perry, Director&Building Commissioner Town of Barnstable 200 Main Street Hyannis, Massachusetts o26o1 Re: 176 Cap'n Crosby Road, Centerville;Map 193,Parcel 213 Barnstable Registry of Deeds, Plan Book 312, Page 14, Lot 68 Application for Building Permit/Zoning Opinion Letter Dear Commissioner Perry: Please be advised that I represent the owner of the above-identified parcel of land,Janine Aquilio,Trustee of the Lawrence Pond Realty Trust. This letter is submitted in connection with a request for a determination by you, as the Zoning Administrator and Enforcement Officer for the Town of Barnstable,that the above-captioned lot remains a"buildable"lot under the current zoning by-laws only.' Said determination is a prerequisite to my client's application for a building permit for said property. As set forth in G.L. c. 4oA, s. 13, in pertinent part (emphasis added): Any person aggrieved by a decision or order of the zoning administrator,whether or not previously a party to the proceeding, or any municipal office or,board, may appeal to the board of appeals, as provided in section fourteen,within thirty days after the decision of the zoning administrator has been filed in the office of the city or town clerk. Any appeal, application or petition filed with said zoning administrator as to which no decision has issued within thirty five days from the date of flling shall be deemed denied and shall be subject to appeal to the board of appeals as provided in section eight. 1 This request expressly does not seek any determination by you with regard to the"buildability" of this lot in relation to Town by-laws pertaining to Conservation or Health regulations,but only with regard to the Zoning By-laws. r Mr. Thomas Perry, Director&Building Commissioner Town of Barnstable Building Department October 12, 2007 . Page 2 I also note that Section 240-118 of the Town's zoning by-laws states (emphasis .added): The Town Manager shall establish a procedure for issuance of determinations of buildability to establish the residential development potential of a lot or lots. Such procedure shall include consultation with the Planning Board if such lot or lots are included in an approved subdivision or approval-not-required plan. Other boards and officials may be consulted to determine potential limitations on development. Notwithstanding this affirmative obligation placed upon the Town Manager, regarding the determination of"buildability" of residential lots,to establish a procedure for making such determinations, upon information and belief, the Town Manager has not in fact established any such procedures. Accordingly, in accordance with the Town Charter, Section 10-2, regarding "Existing Officials and Employees," in the absence of any provision for any other person(s)to make such determinations or perform the responsibilities of that person's office, the existing official charged with said duties continues to retain such responsibilities and duties. Therefore, since the Town Manager has failed to establish a procedure or [panel of or] person(s)to make determinations regarding the "buildability" of residential lots.pursuant to the Town's Zoning By-laws,this responsibility remains that of the Zoning Administrator and Enforcement.Officer, e.g.;the Building Commissioner. I. Factual Background On or about December 16, 1976, the Barnstable Planning Board approved a plan of subdivision which included the lot in question, and which plan, recorded at Plan Book 312, Page 14 (copy enclosed) created Lot 68, a/k/a Assessor's Map 193, Parcel 213, a/k/a 176 Cap'n Crosby Road [hereinafter referred to as "Lot 68"], and Lot 21A, Plan Book 312, Page 14 [hereinafter referred to as"Lot 21A"]. See Attachment No. 1, Plan 312, Page 14. At that time, in December 1976, the RC residential zoning district in which the property has always been located, required just 15,000 square feet in lot area, no frontage requirements,a lot width requirement of too feet, and front-, side and rear-yard setbacks of 20 feet, to feet and io feet, respectively.. Both Lot 68 and Lot 21A contained well in excess of the 15,000 square feet of lot area, and 75 feet of frontage, pursuant to the zoning dimensional l Mr. Thomas Perry, Director&Building Commissioner Town of Barnstable Building Department October 12, 2007 Page 3 requirements in effect as of January 1, 1976,with Lot N. 68 containing 19,602 square feet of lot area and too feet of frontage, and Lot No. 21A containing 17,618 square feet of lot area and 82.93 feet of frontage, respectively. After the developer sold lots 68 and neighboring lot 21A to purchasers, these purchasers granted mortgages to Raymond C. Green &Company, as reflected in the mortgages recorded at the Barnstable Registry of Deeds Book g rY 4725, Page 300 (Lot 21A) and Book 4725, Page 335 (Lot 68). In or about 1987, the lender, Raymond C. Green &Company, Inc.,was required to foreclose on these mortgages for both lots 68 and 21A,which foreclosures were recorded on April 27, 1987, for Lot 68, recorded at Book 5686, Page 212, and on April 20, 1987, Book 5692, Page 302, for lot 21A. Thereafter, the mortgagees granted deeds to Raymond C. Green and Company, Inc., recorded at Book 5692, Page 318 (dated April 27, 1987), regarding Lot 68, and recorded at Book 5686, Page 215 (dated April 20, 1987), for Lot 21A. Two years prior to this, on February 28, 1985,the Town of Barnstable adopted increased dimensional requirements in the RC district (as well as through-out town), requiring 43,56o square feet (one acre) in lot area, approval of which was granted by the Office of the Attorney General on May 31, 1985. However,the"Nonconforming Lots" provisions of the Barnstable zoning by-laws protect up to three (3) adjoining lots in common ownership from increases in dimensional requirements,beyond the five year period from the date of the increase in the dimensional requirements, provided certain events occur during that five (5)year time frame beginning to run from the date of the change in the applicable zoning by-law. See Town of Barnstable Zoning By-Laws,Article VIII, Section 240-91B. Here, the five year protection period with regard to the 1985 amendment , increasing the required lot area throughout the Town of Barnstable to 43,560 square feet (one acre) expired on May 31, 1990. As noted, however, if certain events occur within that five (5)year period, including the conveyance (sale) of or building upon one of said lots into separate ownership, the protections from any changes in the zoning requirements permanently vest,not only with regard to the conveyed lot,but to adjoining lot(s), not simply for the five (5)year period from the date of the zoning change,but, permanently protect such properties from such zoning changes. Citation to the applicable zoning provisions supporting these statements are set forth later in this letter, however, first let us address the facts pertaining to the two lots at issue, formerly held in common ownership by the Raymond C. Green Co., as noted above. Mr. Thomas Perry, Director&Building Commissioner Town of Barnstable Building Department October 12, 2007 Page 4 On November 6, 1987, Mr. Green sold one of these two lots, specifically Lot 21A, also known as 184 Cap'n Crosby Road, to William Ellis Cobb, as Trustee of the First Chatham Trust, as reflected in the deed recorded at Barnstable County Registry of Deeds, Book 6013, Page 27. See Attachment No. 2, Deed recorded at Book 6013, Page 27. This conveyance of Lot 2iA, 184 Cap'n Crosby Road, into separate ownership from Lot 68, 176 Cap'n Crosby Road,within five (5)years of the increase in the zoning dimensional requirements, vested the protections of Section 24o-91B, protecting both lots, Nos. 21A and 68, from any increases in zoning dimensional requirements effected by the 1985 changes to the zoning dimensional requirements for this zoning district in perpetuity. See Town of Barnstable Zoning By-Laws,Article VIII, Section 240-91C. This is so because, at the time of the 1987 conveyance to Mr. Cobb, Trustee, of Lot 21A, consisted of a lot which: a. Was a single-family residential lot, and held in common ownership with not more than one other lot [Lot No. 68] (totaling two (2) single family residential lots total held in common ownership), and was sold in 1987, well within five years after the 1985 adoption of the increased zoning dimensional requirements as to lot area and frontage; b. Contained in excess of 7,500 square feet of lot area and more than 75 feet of frontage at the time of adoption of the [1985] increased zoning dimensional requirements (and in fact Lot No 21A contained— and contains-- 17,618 square feet of lot area and 82.93 feet of frontage; while Lot 68 contained and contains 19,652 square feet of lot area and too feet of frontage); c. Both lots 21A and 68 were created by the recording and endorsement on a plan that conformed to zoning when legally created in or about December 16, 1976; and d. Conformed with the applicable zoning requirements as of January 1976 [else this plan of subdivision would not have been approved]. Specifically, the current zoning by-law states: § 240-91. Nonconforming lot. A. ... B. Common lot protection. Mr. Thomas Perry, Director& Building Commissioner Town of Barnstable Building Department October 12, 2007 Page 5 1. Any increase in the area, frontage.,width,yard or depth requirement of this chapter shall not apply for a period of five (5)years from the effective date of the change [to the zoning by- law],to a lot for single- or two-family residential use that: (a) is held in common ownership with not more than two adjoining lots; and (b) had a minimum of 7,500 square feet in lot area and 75 feet of frontage of the minimum frontage requirement for the zoning district in which it is located ; and (c) was recorded or endorsed on a plan that conformed to zoning when 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 ad'o� inina lots or the building thereon of a residence. [Amended 1-20-2005 by Order No. 2005-0391 See Article VIII,Section 240-91,A-C (emphasis added). Accordingly, since Lot No. 21A was conveyed out into separate ownership from Lot No. 68 in 1987,within five (5)years after the adoption of the increase in the zoning dimensional by-laws for this particular zoning district,both lots remain"buildable lots,"under the Town of Barnstable Zoning Ordinances as set forth above. -Notably, Lot No. 21A(184 Cap'n Crosby Road)has already been built upon, in or about 1991. Lot No. 68 (176 Cap'n Crosby Road) remains a vacant yet buildable lot under the current zoning ordinances. Wherefore, in accordance with the Town's zoning by-laws and the State Zoning Act, G.L. C. 40A, S. 13, request is hereby for issuance of a determination letter from your office, confirming that indeed Lot 68, a/k/a 176 Cap'n Crosby Road, Centerville,remains a lawful,buildable lot. Pursuant to G.L. C. 4oA, s. 13, a written determination, in response to a request for determination such as this,` must be made within thirty-four (34) days after receipt of such request. Otherwise, in the absence of any response within thirty-five (35) days of such a request, the request is deemed denied, and thence ripe for appeal to the Zoning Board of Appeals. G.L. c. 4oA, s. 13. Mr. Thomas Perry, Director&Building Commissioner Town of Barnstable Building Department October 12, 2007 Page 6 For obvious reasons involving time and expense, my client would prefer to avoid being required to file an appeal with the Zoning Board of Appeals, and instead, to simply obtain a written determination from your office regarding "buildability,"pursuant to applicable zoning bylaws, solely(see footnote no. 1, supra). Thank you for your attention in this matter. If there are any questions, please do not hesitate to contact me at (508) 833-3707• Very truly yours, Julie C. Molloy Enclosures c: Ms. Janine Aquilio, Trustee Lawrence Pond Realty Trust r Mr. John Klimm,Town Manager Town of Barnstable J. COURT MOLLOY, ESQ. 3�9 ROUTE 6A EAST SANDWICH MA 02.537 Telephone E-mail Facsimile (508)833-3707 jcourtmolloy ca)verizon.net (508)833-3711 (508)437 4794 October 12, 2007 Mr. Thomas Perry, Director & Building Commissioner Town of Barnstable 200 Main Street Hyannis, Massachusetts 026o1 Re: ;r7b-Cap;°n`Cros<�` y•ad,Centerville Map I93; Parcel 2..t3 � . sb Bar7zs`tab-le Registry of Deeds, Plan Book 312, Page 14, Lot 68 Application for Building Permit/Zoning Opinion Letter Dear Commissioner Perry: Please be advised that I represent the owner of the above-identified parcel of land, Janine Aquilio, Trustee of the Lawrence Pond Realty Trust. This letter is submitted in connection with a request for a determination by you, as the Zoning Administrator and Enforcement Officer for the Town of Barnstable, that the above-captioned lot remains a "buildable"lot under the current zoning by-laws only., Said determination is a prerequisite to my client's application for a building permit for said property. As set forth in G.L. C. 4oA, s. 13, in pertinent part (emphasis added): Any person aggrieved by a decision of order of the zoning administrator, whether or not previously a party to the proceeding, or any municipal office or board, may appeal to the board of appeals, as provided in section fourteen, within thirty days after the decision of the zoning administrator has been filed in tl.e office of the city or town clerk. Any appeal, application or petition filed with said zoning administrator as to which no decision has issued!" within thirty-five days from the date of filing shall be deemed denied and shall be subject to appeal to the board of appeals ash I , -- provided in section eight_ = r- This request expressly does not seek any determination by you with regard to the "buildabiiit<7" of this lot in relation to Town by-lai.vs pertaining to Consen7ation or Health regulations,but only with regard to the Zoning By-laws. IL Mr. Thomas Perry, Director &Building Commissioner Town of Barnstable Building Department October 12, 2007 Page 2 I also note that Section 240-118 of the ToNvn's zoning by-laws states (emphasis added): The Town Manager shall establish a procedure for issuance of determinations of buildability to establish the residential development potential of a lot or lots. Such procedure shall include consultation with the Planning Board if such lot or lots are included in an approved subdivision or approval-not-required plan. Other boards and officials may be consulted to determine potential limitations on development. Notwithstanding this affirmative obligation placed upon the Town Manager, regarding the determination of"buildability" of residential lots, to establish a procedure for making such determinations, upon information and belief, the Town Manager has not in fact established any such procedures. Accordingly, in accordance with the Town Charter, Section 10-2, regarding "Existing Officials and Employees," in the absence of any provision for any other person(s) to make such determinations or perform the responsibilities of that person's office, the existing official charged with said duties continues to retain such responsibilities and duties. Therefore, since the Town Manager has failed to establish a procedure or [panel of or] person(s)to make determinations regarding the "buildability" of residential lots pursuant to the T p To��Tn s Zoning By-laws, this responsibility remains that of the Zoning Administrator and Enforcement Officer, e.g.; the Building Commissioner. I. Factual Background On or about December 16, 19 6, the Barnstable Planning Board approved a plan of subdivision which included the lot in question,and which plan, recorded at Plan Book 312, Page 14 (copy enclosed) created Lot 68, a/k/a Assessor's Map 193, Parcel 213, a/k/a 176 Cap'n Crosby Road [hereinafter referred to as "Lot 68"], and Lot 21A, Plan Book 312, Page 14 [hereinafter referred to as "Lot 21A"]. See Attachment No. 1, Plan 312, Page 14. At that time, in December 1976, the RC residential zoning district in which I the property has always been located, required just 15,000 square feet in lot area, -no frontage requirements, a lot width requirement of too feet, and front-, side- and rear-yard setbacks of 20 feet, io feet and 10 feet, respectively. Both Lot 68 and Lot 21A contained well in excess of the 15,000 square feet of lot area, and 15 feet of frontage, pursuant to the zoning dimensional Mr. Thomas Perrv, Director & Building Commissioner Town of Barnstable Building Department October 12, 2007 Page 3 requirements in effect as of January 1, 1976, with Lot N. 68 containing 19,602 square feet of lot area and too feet of frontage, and Lot No. 21A containing 17,618 square feet of lot area and 82.93 feet of frontage, respectively. After the developer sold lots 68 and neighboring lot 21A to purchasers, these purchasers granted mortgages to Raymond C. Green & Company, as reflected in the mortgages recorded at the Barnstable Registry of Deeds, Book 4725, Page 300 (Lot 21A) and Book 4725, Page 335 (Lot 68). In or about 1987, the lender, Raymond C. Green &Company, Inc., was required to foreclose on these mortgages for both lots 68 and 21A, which foreclosures were recorded on April 27, 1987, for Lot 68, recorded at Book 5686, Page 212, and on April 20, 1987, Book 5692, Page 302, for lot 21A. Thereafter, the mortgagees granted deeds to Raymond C. Green and Company, Inc., recorded at Book 5692, Page 318 (dated April 27, 1987), regarding Lot 68, and recorded at Book 5686, Page 215 (dated April 20, 1987), for Lot 21A. Two years prior to this, on February 28, 1985, the Town of Barnstable adopted increased dimensional requirements in the RC district (as well as through-out town), requiring 43,56o square feet (one acre) in lot area, approval of which was granted by the Office of the Attorney General on May 31, 1985. However, the "Nonconforming Lots" provisions of the Barnstable zoning by-laws protect up to three (3) adjoining lots in common ownership from increases in dimensional requirements, beyond the five year period from the date of the increase in the dimensional requirements, provided certain events occur during that five (5) year time frame beginning to run from the date of the change in the applicable zoning by-law. See Torun of Barnstable Zoning By-Laws,Article VIII, Section 240-9iB. Here,the five year protection period with regard to the �.985 ameridrrient increasing the required lot area throughout the Town of Barnstable to 43,56o square feet (one acre) expired on May 31, 1990. As noted, however, if certain events occur within that five (5) year period, including the conveyance (sale) of or building upon one of said lots into separate ownership, the protections from any changes in the zoning requirements permanently vest, not only Arith regard to the conveyed lot, but to adjoining lot(s), not simply for the five (5) year period from the date of the zoning change, but, permanently protect such properties from such zoning changes. Citation to the applicable zoning provisions supporting these statements are set forth later in this letter, however, first let us address the facts pertaining to the two lots at issue, formerly held in common ownership by the Raymond C. Green Co., as noted above. Mr. Thomas Perrv, Director & Building Commissioner Town of Barnstable Building Department October 12, 2007 Page 4 On November 6, 1987, Mr. Green sold one of these two lots, specifically Lot 21A, also known as 184 Cap'n Crosby Road, to William Ellis Cobb,'as Trustee of the First Chatham Trust, as reflected in the deed recorded at Barnstable County Registry of Deeds, Book 6o13, Page 27. See Attachment No. 2, Deed recorded at Book 6013, Page 27. This conveyance of Lot 21A, 184 Cap'n Crosby Road, into separate ownership from Lot 68, 176 Cap'n Crosby Road, within five (5) years of the increase in the zoning dimensional requirements, vested the Drotections o Section 24o-91B, protecting both lots, Nos. 21A and 68, from any increases in zoning dimensional requirements effected by the i985 changes to the zoning dimensional requirements for this zoning district in perpetuity. See Town of Barnstable Zoning By-Laws,Article VIII, Section 240-91C. This is so because, at the time of the 1987 conveyance to Mr. Cobb, Trustee, of Lot 21A, consisted of a lot which: a. Was a single-family residential lot, and held in common ownership with not more than.one other lot [Lot No. 68] (totaling two (2) single family residential lots total held in common ownership), and was sold in 1987, well within five years after the 1985 adoption of the increased zoning dimensional requirements as to lot area and frontage; b. Contained in excess of 7,500 square feet of lot area and more than 75 feet of frontage at the time of adoption of the [1985] increased zoning dimensional requirements (and in fact Lot No 21A contained — and contains -- 17,618 square feet of lot area and 82.93 feet of frontage; while Lot 68 contained and contains 19,652 square feet of lot area and ioo feet of frontage); c. Both lots 21A and 68 were created by the recording and endorsement on a plan that conformed to zoning Nn7hen legally created in or about December 16, 1976; and d. Conformed with the applicable.zoning requirements as of January 1976 [else this plan of subdivision would not have been approved]. Specifically, the current zoning by-la`n7 states: § 240-91. Nonconforming lot. A. B. Common lot protection. Mr. Thomas Perry, Director & Building Commissioner Town of Barnstable Building Department October 12, 2007 Page 5 1. Any increase in the area, frontage, width, yard or depth requirement of this chapter shall not apply for a period of five (5)years from the effective date of the change [to the zoning by- law], to a lot for single- or two-family residential use that: (a) is held in common ownership with not more than two adjoining lots; and ('b) had a minimum of 7,500 square feet in lot area and 75 feet of frontage of the minimum frontage requirement for the zoning district in which it is located ; and (c) was recorded or endorsed on a plan that conformed to zoning when 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 1-20-20o5 by Order No. 2005-0391 See Article VIII, Section 240-91,A-C (emphasis added). Accordingly, since Lot No. 21A was conveyed out into separate ownership from Lot No. 68 in 1987, within five (5) years after the adoption of the increase in the zoning dimensional by-laws for this particular zoning district, both lots remain "buildable lots," under the Town of Barnstable Zoning Ordinan es as set forth above. Notably, Lot No. 21A (184 Cap'n Crosby Road) has already been built upon, in or about 1991. Lot No. 68 (176 Cap'n Crosby Road) remains a vacant yet buildable lot under the current zoning ordinances. Wherefore, in accordance with the Town's zoning by-laws and the State Zoning Act, G.L. C. 4oA, s. 13, request is hereby for issuance of a determination letter from your office, confirming that indeed Lot 68, a/k/a 176 Cap'n Crosby Road, Centerville, remains a lawful, buildable lot. Pursuant to G.L. C. 4oA, s. 13, a written determination, in response to a request for determination such as this, must be made within thirty-four (34) days after receipt of such request. Otherwise, in the absence of any response within thirty-five (35) days of such a request, the request is deemed denied, and thence ripe for appeal to the Zoning Board of Appeals. G.L. C. 4oA, s. 13. f Mr. Thomas Perry. Director & Build.in, Commissioner Town of Barnstable Building Department October 12, 2007 Page 6 For obvious reasons involving time and expense, my client would prefer to avoid being required to file an appeal with the Zoning Board of Appeals, and instead, to simply obtain a written determination from your office regarding "buildability," pursuant to applicable zoning by-laws, solely(see footnote no. i, supra). Thank you for your attention in this matter. If there are any questions, please do not hesitate to contact me at (50$) 833-3707• Very truly yours, Julie C. M loy Enclosures c: Ms. Janine Aquilio, Trustee Lawrence Pond Realty Trust Mr. John Klimm, Town Manager Town of Barnstable IT S. ry t nm d�5ja ea i i rf- 11Z M r`JST��>�.s✓ '�� _ ��E>>MASS. .%: ` >\1� �� r p71 Prc.-'1'6 2 C', c6-IE�GFER i, flI Gz 2 FP • � OC, /J�Q F � o u J co ) a ry $ • .r. � 4f,,1. o; U` �l/�,/J� \ oo..::\�<rP� tJ rU R'�ss .�.° >(vr G5 'a Gl , 0 - 4 :F6 Ul �,• / IScls Ir. `S,C O I c '�V .O �,7 7 IS clv$ j'.. �_•� GAn arc = - _ ht I FF it. • 10 ,A 0 -/aba 1 i��.ui85r s m m 1 t• S• 73 k o F w 'Zz j N 1P z90 v I ul 'rl �,\ gevusl nsir- n 1 i s .E_LVC A1.1 E'�V o C/•d s mU /. 4 e r 12f-73 �l- �,�� 79 y C A tf,n In I m /M dy. - 3.> -13: 47, A!• 7s 2q099 _ C 77 18 2 c•a ,l '/ t, >Yr^!•'.""':;'i .+.1^+�¢',.^=�+�'i+++•w�� L`t''��:x'\'�""k at�iY','�H__'° 1 „ _'4..� e.�..9". "^K'- .f� -' ^� 1..1. (`< F � 'C OpSG Al l'OA A!' 1 7. nG 1 r 1� iR'r � 7.4.12 PA,;,.E ,l-.7, __-- x' 6 e �I aook6t�3�..�t 0Z7 �• I(' CUITCLAIM DEED .y a s 62,J`7 L. Raymond C. Green with an address of 50 Staniford Street, Boston, Massachusetts 02114 in consideration of Sixty-Seven Thousand Five -Hundred and 00/100.($.67,500.00) Dollars, grants to WILLIAM ELLIS COBB, Trustee of First Chatham Trust, z under a Declaration of Trust dated July 21, .1982 and recorded " with Barnstable County Registry of Deeds .in- Book 4103 Pace 84 of Post Office Box 567, Harwich, Barnstable County, Massa chusetts with QUITCLAIM COVENANTS 011 l; the land situated in. the Town of Barnstable (Centerville), Barnstable County, Massachusetts, bounded and described as it follows: ( I PARCEL I (^egiS toed) NORTHWESTERLY by Captain Crosby Road, eleven and 55/100 (11.55) I .� feet; SOUTHEASTERLY by a portion of land nowfor formerly of William P. `^ ! Swift, twenty-one and 63/i00 (21-63) feet; and :1 SOUTHWESTERLY by Lot 20, eighteen and 16/100 (16.16) feet, i al All of said boundaries are determined by the Court to be located 1, as shown on subdivision plan 38507-B (Sheet 3) dated December y 16, 1976, drawn by Baxter & Nye, Inc. , Surveyors, and filed in the Land Registration Office at Boston, a copy of which is filed in 5arnstab le County Registrv 'of Deeds in Land Registration II Book 558 Page 114 with Certificate of Title No, 69154 and said lland is shown 'thereon as Lot 21. F . Said premises are conveyed subject to and with. the benefit of ! any and all easements, rights, rights-of-way, reservations, 4 Irestrictions and other conditions of record insofar as the same I may be in force and applicable. 'PARCEL II (Unregistered) NORTHWESTERLY by Captain Crosby Road, as shown on hereinafter mentioned plan,* eighty-nine and 23/100 (89..23) feet, i NORTHEASTERLY by Lot 68, as shown on said plan, one hundred ' 1 sixty-eight and 40/100 (168.40) feet; SOUTHEASTERLY by a portion of Lot 69 and a portion of 'Lot 70 one hundred thirteen and 66/100 (113,66) feet as shown on said plan; I , SOUTHWESTERLY by Lot 20A-as shown on said plan, one hundred seventy-seven and 83/100 (177.83) feet. Being shown as. Lot 21A on a plan in Barnstable County Reg"istry,, of Deeds in Plan Book 312 Page 14. Said premises are conveyed subject to and with the benefit of any and all easements, rights, rights-of-way, reservations, restrictions and other conditions of record insofar,_.as the same may be in force and applicable. A. 1. �1 �l ni a( see For my title/deed of Raymond C. Green and Company, Inc. to me recorded with the Barnstable County Registry of: needs in Rook 5919 Page 334. See also Certificate of: Title No. 112060. WITNESS my hand: and seal this 4th day of Novemb r,, 1987, Ra mondGreen ---- COMMONWEALTH OF MASSACHUSETTS' Suffolk SS. November 4, 1.907 I ' Then personally appeared the above—named Raymond C. Green, I acknowledged the foregoing instrument to be his free act and deed before me, / /) C. 116 --tot -------_Q,.l.r_�`r Y� 1 Howard C. Cahoon, Jr. Notary Public ' - i My Commission Expires: December 14, 1990 500 6013 :G� 0�,9 R i I ` BAFikSTABLE COUMY REGISTRY OF OEIDS A TRUE COPY.ATTEES.T :+tvuCN WtEKEQ.RED ._.—.. ci O $: N NOV 687 t. i �j f, is