Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
0026 HIGH NOON DRIVE
r a ` �, .: t� � _ � r. r..- � a n• ,.. y;a' ,. '� x r '45. i ai i,�',. �i �.a o\ � tS I �3.4 *�: J %r as y� yyya 3 i L � t i ➢ 1 6 f Town of Barnstable Building p De artment - 200 Main Street * RARNSTASLE, H nni MA 02601 a s 6 A.�' y(508)�862-4038 RFD MA'I Certificate of Occupancy Application Number: 201402070 CO Number: 20150113 Parcel ID: 1.93225 CO Issue Date: 06115/15 Location: 26 HIGH NOON DRIVE Zoning Classification: SPLIT ZONING Proposed Use: UNDEVELOPABLE LAND Village: CENTERVILLE -Gen Contractor:'' PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: Building Department Signature _ Date Sign d i cs - TOWN OF BARNSTABLE ' B14-ing 20140207,0.'. ,,- --: "` .Perm t * RARNSfASLE, 1. Issue Date: 05/12/14 . :I'. :y MASS ;t 1639. a� Applicant: GOLDMAN,`JOANNE'SESTATE OF permit Number B:20141052 Proposed Use: UNDEVELOPABLELAND Expiration Date • 1I/09/14 Location 26 HIGH NOON DRIVE Zoning Distract SPLTPerrnit Type NEW,SINGLE FAMILY HOME Map Parcel 193225 Permit Fee$_ 'I,938 00: Contractor PROPERTY'OWNTER Village CENTERVILLE App Fee;$ ^. 100 00 License Nlun:_ OWNER Est Construction Cost$ 380,000 Remarks APPROVED_PLANS MUST BE RETAINED ON JOB AND- NEW 3 BEDROOM 2.5 BATH HOUSE WITH FWISHED BASEMENT .TIITS;CARD MUST BE KEPT,POSTED.[JNT>�`FiNAL "INSPECTION'HAS:BEEN MADE::WHERE A I--- --- _ -- - - — CERTIFICATE OF OCCUPANCY I,S REQUIRED;SUCH 7 Owner on Record: GOLDMAN,JOANNE S ESTATE OF "BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 156 LOCUST STREET SPECTION HAS'BEENMADE.; FALMOUTH,MA 02540 " `Application Entered by: JL Building Permit Issued BY THIS PERMIT CONVEYS NO RIGHT TO OCCUPY WY STREET ALLEY OR SIDEWALK OR AT•�Y.PARTYrITEREOF EITHER ORAR49 P - CROAC SON PUB}.IC PROPEA'IY,-N SPECIFICALLY PERMITTED UNDERTHE BUQ.DING CODE,MU$T BE APPROVED BY THE JURISDICTION ,STREET OA ALLEY GRADBSAS EL AS DEPTH AND,IACATION.OP PUBLiC,SESVERS MAYBE OBTAINED FROM THE DEPARTMENT OF PUBLIC wOR]CS''TIiE ISSUANCE OF THIS PEIiMIi•DOB.SNOf RELEASE THE APPIlCANT FROM THE CONDI710N5 OP ANY,APPLICABIB SUBD}NJSION I. RESTRICTIONS ^,,�'< ✓ ,4 '••s ,r MINIMUM OF FIVE CALL TNSPECTIONS REQUIRED FOR ALL CONSTRUCTION_WORK (..FOUNDATION OR FOOTING& - 2.SHEATHTNG INSPECTION } " 3.ALL FIREPLACES-MUST BE INSPECTED'AT THE THROAT.LEVEL BEFORE FIRSTFLUELLNING IS INSTALLED 4;.WIRING&PLUMBING INSPECTIONS TO BE COMPLETEDPR]ORTO FkAME INSPECTION ;.a. 5.PRIOR TO COVERING,STRUCTURAL MbI B'ERS(FR,AMtTINSPE&16N 6.INSULATION. 7 FINAL'INSPECTION BEFORE OCCUPANCY:!, r4 WHERE•APPLICABLE,.$EPARATE PERMITS ARE REQUIRED FOR ELECTRICAL PLUMBING AND MECHANICAL INSTALLATIONS WORK SHALL NOT PROCEED.UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS'OF DATKTHE PERMIT'IS ISSUED AS NOTED ABOVE.-.' I .PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in_GL c 142A) �` ■ if 0 ■ BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS, ELECTRICAL INSPECTION ARPROVAL$* i k 4 /A "e,.,t- a gP t ' `' 1 ,Heating Inspection Approvals ,i; EngineermgDept t 3 7 t.VC(J �/�(• � L :f r 1 I f }L HJ r t,r 1f, ' I �,r•i ''' 2 ° t', t . t 2 B of Heal t � 6 �(r///1!.1� ' ` 1-y Ir ✓'i r t f vj '� � .. P'.-• ' '� III `I� ' i - ��O S�wtQ/7�r Wr'� '".l1"•.� t r r�4� f; t 7 -. +4 + ,tt It � I, v L ter I er. �,x �,y `•' l� � � � v r L _ � e- ^r e7 .s.4,y r.... . �.F• J �N _ � � _s", + Ierr. Fill 7Cf, •> J�A"{"!' y,l,'" E, T ri r . 7Ahq 0 LOT 9 20,870 S.F.f c� A�o s2 � - N ti dle DCE '13-301 !�J NDAUION PREPARED EXCLUSIVELY .FOR THE PURPOSE OF OBTAINING A BUILDING PERMIT, NOT FOR ANY OTHER USE . LOCATION 261IIG11 NOON DRIVE, CENTERVILLE, MA SCALE 1 " = 50' DATE :` 7-7-2014 PREPARED FOR: REFERENCE MAP 193 PARCEL 225 JUSTIT CK DEED EIS. 24891 PG 181 i = `DANIE I HEREBY CERTIFY THAT THE STRUCTURE ' � � ssq`�Gw O Dt;iV�EL .� SHOWN ON THIS -PLAN IS LOCATED ON THE o� T;7 GROUND AS SHOWN HEREON. OJALA I off 508-312-4541 a No. J<'80' fax 508-362-9880, •O downcope.com 0. down c®pe engineering,i/Jc. �n civil engineers --- ,`` land surveyors, 1=��---- 939 Main Street (Rte 6A) YARMOUTHPORT MA 02675 DATE REG. LAND SURV OR 4 , KKS Duct Testing & Sealing. Michael Santos (774) 836-' 8060 ' 5 Acoaxet Ln. :., r W. Wareham, MA 02576 Duct Leakage Test P Address: 26 High Noon Dr., Centerville, Ma. r Test Type-Rough In } Conditioned floor area=3505 sq. ft.' To comply with Section;403.2.2 of the 2009 IECC Code.in this home the Maximum duct leakage CFM= 140.2 Duct leakage tested= 21A3-cfm - This home complies.with Section 403.2.2 of the 2012 IECC,Code Date of Test: 10-22-14 Technician: Santos,Michael Test File: Customer: Quality Mechanical Systems«° Building Address: see above- Phone: 508-291-6170CD Fax: 508-291-6176 Test Results _ 1) Measured Duct Leakage: 21.03 -� 2) , Duct Leakage`as a Percent of System Airflow: .6% 3) Duct'Leakage as a Percent of Building Floor Area: ` 4) Leakage Split: Supply Side: _ Returri Side: y 1 5) ' Duct Leakage Curve: Flow Coefficient (C): 14.8 ' r" Exponent (n): 0.600(Assumed), A: 6) Test Settings: Test Mode: Pressurization Test Pressure: 25.0 Pa Equiprnent:.. Series B Minneapolis Duct Blaster Test Type: .Total Leakage (Duct Blaster Only) Messagq Page 1 of 4 Anderson, Robin From: Scali, Richard Sent: Wednesday, April 30, 2014 7:54 PM To: Anderson, Robin; Perry, Tom Subject: Fwd: 26 High Noon Dr, Centerville See me on this response. Sent from my iPhone Begin forwarded message: From: Guy Morse <glmorse(a)comcast.net> Date: April 30, 2014 at 7:08:05 PM EDT To: "Anderson, Robin" <Robin.Anderson((:Dtown.barnstable.ma.us> Cc: "Scali, Richard" <Richard.Scali(a)town.barnstable.ma.us>, "Lynch, Tom" <Tom.Lynch(cb-town.bamstable.ma.us>, "Perry, Tom" <Tom.Perry().town.barnstable.ma.us> Subject: Re: 26 High Noon Dr, Centerville ; Robin, The only thing I've learned is that it appears inter-department coordination or overlap is unfortunately minimal in this area, and the regular citizen is clearly at a distinct disadvantage. As such, it appears to leave the door open for confusion at best, and legal interpretation or system manipulation at worst. I've tried to rationalize it, but I'm beginning to think perhaps that is the underlying objective all along... Thanks anyway, Guy On 4/29/2014 8:54 AM,Anderson, Robin wrote: Hi Mr. Morse, In response to your question about the assessment codes, I have to admit that I am challenged by the information you submitted. Building staff is not schooled with regard to how or why an assessor may determine the status of a property and how or why they'may distinguish between unbuildable or undevelopable. I cannot even tell you what those codes actually mean or if there is any discretion exercised when applying them. [can only state that in Regulatory Services- Building Division, we do not look at those codes but rather we rely on the information I discussed in my original response to Richard. I think the only thing I can say with certainty is that although departmental oversights may dovetail, we operate independently and apply our own criteria to achieve our individual duties.. For example, assessing will include any illegal work found in their equation for the tax base on a developed property. The owner will be taxed on whatever the assessor finds including the condition of that work. Therefore, it is very 5/1/2014 Message, Page 2 of 4 common to find that property owners are paying taxes on un-permitted work. However, this action (paying taxes) does not render said un-permitted work to be.legal nor does it entitle the property owner to any non-conforming rights as a result. With regards to the situation you have raised, as I am not up to date on the current practices and assessing regulations, I would have to refer you to that department for a bona fide explanation. At this point I can only assure you that assessing codes do not play a part in our review of permit applications and again, the process I identified in my earlier email is currently underway for that location. You may reach the Assessing Division at 508-862-4022. 1 hope you find this information helpful. Regards, q�96in Robin C .Anderson Zoning Enforcement Officer Town of Barnsta6Ce 200 Main Street Hyannis, NA 026o.z 5o8-862-4027 -----Original Message----- From: Scali, Richard Sent: Monday, April 28, 2014 11:21 PM To: Anderson, Robin Subject: Fwd: 26 High Noon Dr, Centerville Sent from my iPhone Begin forwarded message: From: Guy Morse <glmorse(dcomcast.net> Date:April 28, 2014 at 8:15:54 PM EDT To: "Scali, Richard" <Richard.Scali(a)town.barnstable.ma.us>, Town Main Mailbox <email@town.barnstable.ma.us> Cc: "Lynch, Tom" <Tom.Lynch town.barnstable.ma.us>, "Perry, Tom" <Tom.Perry(aitown.barnstable.ma.us> Subject: Re: FW: 26 High Noon Dr, Centerville Robin, I appreciate your quick and efficient reply. } I'm trying to understand the Town's position, and as such have two lingering questions: 5/1/2014 Message Page 3 of 4 r , 1. what's the difference (real vs. textbook) between the terms "unbuildable" and"undevelopable" land? 2. why has the parcel in question been coded(and assessed minimal$) for so long as "undevelopable" (code 1320), rather than"potentially developable" (code 1310), which might have been much more accurate and not so misleading to the general citizenry? Thanks so much for the continuing tutorial, Guy On 4/28/2014 3:04 PM, Scali, Richard wrote: , Mr. Morse: Attached please find the response from our Building Dept on your Web inquiry. I hope this explains our process and the Building Commissioner's determination of issues. If you have any further question, of course you may contact us. Richard Scali -----Original Message---- From: Anderson, Robin Sent: Monday, April 28, 2014 1:52 PM To: Scali, Richard Cc: Perry, Tom Subject: 26 High Noon Dr, Centerville We in fact have a building permit application for a single family 3 bedroom house proposed to be constructed at the aforementioned address. The lot is reported to be a half acre. All applications involving under sized lots are required to submit information concerning how and when the lot was created and demonstrating the absence of common ownership. I took a quick look at this application package and spoke to Jeff directly about the documentation submitted. On the surface, it appears that the applicant has met the required burden and as such the application is in the queue for review.(it has = not been approved yet). No permit is issued until all information is determined to be present, in proper order and in accordance with all other requirements. Subsequently, an official determination will be rendered deeming the lot to be buildable as of right or in the alternative, the permit will be denied and the applicant may be referred to the Board of Appeals. 5/1/2014 I Message= Page 4 of 4 Staff does not determine buildability, that burden is placed on the applicant(and attorney for the applicant). We routinely advise applicants and abutters of this process. Unfortunately, it has been my experience (more often than not) that a real estate agent will misrepresent what is buildable and sometimes what is not buildable. I do not mean that this is always a deliberate action. In some cases the realtor may not fully understand the process and/or the requirements. Therefore, they may inadvertently misrepresent the subject property or as in this case, a vacant abutting property. This is why we always advise buyers to consult with an attorney on their behalf(as opposed to the attorney representing a financial instruction). We deal constantly with misinformed buyers and disillusioned abutters misled by zealous real estate agents. Every property owner has the right seek the relief necessary to obtain the desired building permit. In this case it does not appear that zoning relief is even necessary. Abutters are also able to appeal the decision to issue a building permit but it must be based on valid criteria and properly cited. The ZBA appeal cannot be solely based on something they were told by a real estate agent. Ultimately, I can assure you with certainty that no one in Regulatory would have arbitrarily declared this lot to be unbuildable. The only authority in matters of this nature is the Building Commissioner and without a permit application, no definitive decision would have been rendered. There is no information on file indicating a prior application and determination. Let me know if need more information or clarification. &6in Robin C. - Anderson Zoning Enforcement Officer Town of Barnstable 200 Nain Street Hyannis, N-A 026oi 508-862-4027 5/1/2014 I PROJECT NAME: ADDRESS: a ( ► gjon,3 Dt. PERMIT# 0-7 PERMIT DATE: J M/P: LARGE ROLLED.PLANS ARE IN: BOX l SLOT Data entered in MAPS program one BY: q/wpfiles/forms/archive INSULATION CARD - DO NOT REMOVE sl BASF The Chemical Company This form must be filled out and posted to comply with building code and FTC requiremen S. Meets IRC Section N1101.4 requirements. Please post near electrical panel. PLEASE ATTACH PRODUCT TECHNICAL DATA SHEET BEFORE POSTING The following spray polyurethane foam insulation system(s)has been installed. Consult International 3uilding Code, Section 2603 Foam Plastic Insulation, International Residential Code(IRC)R314 Foam Plastics,or International Energy Conservation Code(IECC)Section 102 for specific requirements. BASF Corporation.Product(s) Installed: ❑ Enertite Nominal 0.5 pcf Density(Open-cell Spray Polyurethane Foam) ❑ Spraytite 178 Series 2.0 pcf Density(Closed-cell Spray Polyurethane Foa ) Spraytite 158 Series 2.0 pcf Density(Closed-call Spray Polyurethane Foa This spray polyurethane foam insulation system has been installed in accordance with ma ufacturer's processing guidelines to provide a thermal resistance of...(see R-value chart 4 in reverse) Area Insulated R-Value Thickness* Attic Area R- @ inches Sloped Ceilings R- @ inches Walls(Where: ) R- @ inches Walls(Where: ) R- @ inches Floors(over an unheated crawl space) R_ @ inches Crawl Space Perimeter R- @ inches Basement Interior Walls a k%_)A4t5, R_ 3 N @ inches Other(Where: (���,"� ► � r ) R- `c3. L/ @ Z inches 'Nominal thicknesses are representative,of a field,spray-applied foam material. List the code-required fire protection product(s)installed(List alternative materials or assemblies approve( by 3rd party or ICC-ESR): 15-minute Thermal Barrier. To Be Covered with 1/2"Gypsum OR Limited Access(No Storage)Ignition Barrier: Jobsite Location: Z.Co f(l �aoevMaz e�T�►� _`^__-'__r_'. Date Install d:Jd f Building Contractor; Insulation Contractor: A , Ph ne: �g `��jCl Installed By: Caution—No Hot Work-Polyurethane foam is combustible and should be treated as such. No welding or cutting unless foam has been protected from accidental ignition f y open flame. BASF Corporation INSULATION CARD - DO NOT REMOVE 1703 Crosspoint Avenue Houston,TX 770544TetPolyurethane ww.s f.besf.com Solutions w�vw.spf.basi.com f INSULATION CARD - DO NOT REPJ OVE Installed R-value Charts Enertite NM 1/2#Open-cell 1 praytite178 Series Closed-cell Spr ytite158 Series Closed cell OC SPF Total U-factor`* CC SPF Total U-factor" (inch} R-value' (inch) R-value' CC SP Total U-factor'" 3° 11 (inch) R-value' 0.091 1" 6.7 0.149 1" 6.6 0.152 F4- 13 0.077 1.5° 10 0.100 9.9 0.101 15 00662" 134 0.0752„ 130.077 19 0.053 2,5" 16,8 0.056 2.5° 16.3 0.061 5.5" ff28 0.048 3" 20.1 0.050 3" 20 0.050 6" 0.045 3.5" 24.2 0.041 3.5" 24 0.042 7.5" 0.036 4" 27.6 0.036 4„ 27 0.037 8" 30 0.033 4.5" 31.1 0.032 4•5° 30.4 0.033 9.5" 35 0.029 5" 34.5 0.029 5„ 34 0,029 10" 37 0.027 5.5" 38 0.026 5.5" 37.4 0.027 11.5" 43 0.023 6" 41.4 0.024 6" 41 0.024 12" 45 0.022 7" 48.3 0.021 7„ 48 0.021 13" 48 0.021 $" 55.2 0.018 8" 54 0.019 14" 52 0.019 9" 52.1 0.016 9" 60,8 0.016 15" 55.5 O.OiB 10° 69.1 0.014 10" 68 0.015 16° 59 0.017 11° 76 0.013 11" 75 0.013 'What You Should Know About R-values Ft ,nn,k'a crt shows the R-value of this insulation.R means resistance to heat flow.The higher the R-value,the g ater the insulating power.Com- sulation R-values before you buy. There are other factors to consider.The amount of insulation you nee depends mainly on the climate in.Also,your fuel savings from insulation wlil depend upon the climate,the type and size of your house, he amount of insulation already house,and your fuel use patterns and family size.If you buy too much insulation,it will cost you more tha what you'll save on fuel,To geted R-value,it is essential that this insulation be installed property. "U-factor is the inverse of R-value as represented in BTU/(h°F ft'). The lower the number,the better the perform nce of the material or assem- ' bty. Using U-factor requires SPF is used within an Opaque Assembly, If used in a rafter assembly in a sealed attic approach,the SPF must be wrapped around all framing to ensure continuity, BASF Corporation 1703 intAvenue Polyurethane Housoustonon,,TX 7X 77054 Ter spf.b stcom Q Solutions 9743 www.spf.basf.com ISO 9001:2000 Accredited Facility-Houston,TX INSULATION CARD - DO NOT REMO E August 2013 0 LOT 9 20,870 S.F.f �� Ff 00 20 a � 2 s�2 Co N 37.5' %y moo, ti0 0+ - O,p�` F Y' O NDATI®N PLOT PLAN DCE #13-301 PREPARED EXCLUSIVELY FOR THE PURPOSE OF OBTAINING A BUILDING PERMIT, NOT FOR ANY OTHER USE LOCATION 26 HIGH NOON DRIVE, CENTERVILLE, MA SCALE : 1 " = 50' DATE : 7-7-2014 PREPARED FOR: RC-v '7 23-1y (C,Afz REFERENCE : MAP 193 PARCEL 225 JUSTIN f.16UA#OCK DEED BK. 24891, PG 181 pry.a�fi a� qs , I HEREBY CERTIFY THAT THE STRUCTURE S�cy SHOWN ON THIS PLAN IS LOCATED ON THE �� DA.PIIELA. G��f GROUND AS SHOWN HEREON. OJ LA off 50B-362-4541 �� \' (` I fax 506-362-9880 4, q L� downcape.com down cape engineering,inc. ` s s' civil engineers -7-'L�_ Z�t`� land surveyors D '^- 939 Main Street ( Rte 6A) YARMOUTHPORT MA 02675 DATE REG. LAND SI RVEYO I l TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION 42_7�� 47 ' Application Health Division ( Date Issued Z 4 Conservation Division Application Fe ` W Planning Dept. -off-a?• No �J J. w •a :_ Permit Fee Date Definitive Plan pproved by Planning Board G��g s�•� Historic - OKH 1U _ Preservation/ Hyannis OIL Project Street Address, 2.9 #11h N00r1 h/' Village ��,41,VjI/e Owner / r I C H BWi Address Sc, 04/a , Aar'SIM5 Telephone SO 9 2Z 1 - 7076 Permit'Request a t� 3 Wtnom. 2-5- bA ke)ckSe_ ot'j r Square feet: 1 st floor: existing proposed IU Z�2nd floor: existing 0 proposed 7�✓ Total new 2 L Zoning District Flood Plain Groundwater Overlay l Project Valuation 380k Construction Type Lot Size r 50 Grandfathered. ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family 2"' Two Family ❑ Multi-Family (# units) Age of Existing Structure )Able- Historic House: ❑Yes 2 No On Old King's Highway: ❑Yes ®'No Basement Type: ❑ Full ❑ Crawl Walkout ❑Other Basement Finished Area (sq.ft.) 130 Basement Unfinished Area (sq.ft) 133 Number of Baths: Full: existing_ new 2 Half: existing CD new -1 C) Number of Bedrooms: existing new Total Room Count (not including bath:3): existing new First Floor Rd'orr Count Heat Type and Fuel: '1 M Gas ❑ Oil ❑ Electric ❑ Other r Central Air: CfYes ❑ No Fireplaces: Existing 0 New I CqO51 Existing wood/coal stove:,0 Yeses No Detached garage: ❑ existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑(new size_ Attached garage: ❑ existing 3/new size96Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes M/N0 If yes, site plan review # Current Use Vocttfti Leo+ Proposed Use S"Aile faMI1V �vavtL APPLICANT INFORMATION (BUILDER OR HOMEOWNER) y Name Buddinq tlC Telephone Number �g `ZZ -7076 Address 94404100sq Way, License # A01401,5 Allf 04w Home Improvement Contractor# Emafl- In Gh kill 11 '" jai Worker's Compensation # ALL CON! jTRUCTION DEBRIS RESULTING,FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE "1711 ;F F FOR OFFICIAL USE ONLY ,z APPLICATION# DATE ISSUED J 'a MAP/PARCEL NO. ' VILLAGE ADDRESS G OWNER t z . ,s DATE OF INSPECTION: �I__.r F0_UNDATION. `7 L f FRAME t+PfTr+ Y1011 U4 INSULATION Iftilditilow, n. FIREPLACE ELECTRICAL: ROUGH FINAL {` PLUMBING: ROUGH FINAL GAS: ROUGH FINAL x ` FINAL BUILDING t `Y DATE CLOSED OUT _ ASSOCIATION PLAN NO. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA OZIII n".mass gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumber-s Applicant Information j Please Print Legibly Name(Business/organization/individual): � Bu l)&j `L6 Tir1 s I dq 14 �`�' Address: Z& hill � A1001 I r City/State/Zip: -(fephPO Ulf O�✓4hone#: Are you an employer? Check the appropriate bog: Type of ro employees(full and/or part-time).* (required): L❑ I am a employer with 4. ❑ I am a general contractor and I * have hired the sub-contractors 6. New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have g, ❑Demolition working for me in any capacity. employees and have workers' con insurance. 9. Building.addition [No kers' comp.insurance P• �j . i r ed] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions 3. I am a homeowner do all work officers have exercised their _ 11. Plumb' doing ❑ mg repairs or additions myself- [No workers' comp. right of exemption per MGL 12.0 Roof repairs insurance required.]t c. 152, §1(4),and we have no employees. [No workers' 13.❑ Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contactors must submit a new affidavit indicating such. c$Contractois that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their.workers'camp.policy cumber. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-i s.Lic.#: Expiration Date: Job Site Address: � �ty'C( � U� 1 �/' `--City/State/Zip: a �ltlil,P` 4/4 Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,50.0.00 and/or one-year imprisonment;as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct Phone Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3. City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector,. 6.Other Contact.Person:. Phone#• : .Town. of Rarnstable Regulatory Services : t Thomas F.Geiler,Director MAMZ i6yq. b� Building Division . Tom Perry,$doing Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.ns Office: 508-862-4038 Fax 508-790-6230 :. HOMMOVMM UC> NSE ExFjdMON Please Print . DATE: I / JOB.LOCATION: 26 t�'�I�t� N �1OCy1 it Cetj4eeyU1114t number - t village "HOMBOWNER": MC AAddinj LLc dog ZZI-701 name home phone# work phone# CURRENT MAILING A.MMS: 9 r I M11 too-CA A y AN 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 OR 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 theBuilding Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work peiformed 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 minimimi inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature of H er 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. HOMMOWNLR'S 1 XEMYTION The Code states that: "Any homeownerperformmg work for which a buildingpermit is required shall be exempt from the provisions of this section(Section•109.1.1-Licensing of construction Supervisor;);provided that if the homeowner engages a persons)for hire to do such work,that such Homeowner shall act as supervisor." ,l .- . . Many homeowners who use this exemption are umaware.that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly y when the homeowner hires unlicensed persons. In this case,our Board car mot 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 ofhis/her responsibilities,many communities requira,as part of the permit application, . that the homeowner certify that hr/sbe understands the msponsibilities of a Supervisor.'On the last page of this issue is a form currently used by several towns. You may cart t amend and adopt such a fotrrdcertification for use in your corn urnity. Q:forms:hom==npt Town-of Barnstable ... Regulatory Services MAM Thomas F.Geffer,Director Building Division Tom Perry,Scolding Commissioner 200 Main Sftm�Hyannis,MA 02601 ivvw.town.ban, stable.ma.us. Office: 508-862-403 8 Fax: 508-790-623 0 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject propetty hereby authorize to act on my beh4 in all matters relative to work authorized by this building permit (Address of Job) **Pool fences and alarms 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 Ownet Signature of Applicant Punt Name Print Name Date Q:F0RMS:0VK2TERMISSI0IQ00IS 62012. Affidavit of Substantial Financial Interest 1, JI�Sfrn �ict. aG of Ip® t o , on oath depose and state as follows: applicant for a building permit for the roe located at Map 1`_7 _z Parcel 1. 1 am an pp g p property rty � . The address of the roe is property�Y 2. 1 have . % 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 YA* , the following individuals or.entities have had a 1% or greater legal or equitable interest in the real property which is the subject of the building permit application which is identified in paragraph 1 above: Name Address h DAB 4. Within the last twelve months, from today's date, which is I have had ,a 1% or greater legal or equitable interest in the following properties which have been the subject of a building permit application: Map/Parcel Address nose- . 5. Within this calendar year, I have submitted Q building permit applications for property in which I have a 1% or greater legal or equitable interest. 6. Within the last ten days, i have submitted building permit applications for property in which I have a 1% or greater legal or equitable interest. 7. Within this month, I have submitted 6 building permit applications for property in which I have a 1% legal or equitable interest. , 8. Within this month, I have received building permits for property in which I have a 1% legal or equitable interest. _U Signed under the pains and penalties of perjury,.this day of /> , 20W1 2001-0050/afftn 1 p/LOTTERY/AFFIDAVIT 6 y FREEMAN LAW GROUP LLC DI :Ip Attorneys at Law Peter L.Freeman Kevin T.Smith,Of Counsel Renie Hamman,Paralegal,CP,ACP pfreeman@freemanlawgroup.com ksmith@freemanlawgroup.com rhamman@freemanlawgroup.com Tel.(508)362-4700 Mobile(781)854-2430 Tel.(508)362-4700 (978)369-0634 Tel.(508)362-4700 Mobile(978)549-3399 MEMORANDUM To: Thomas Perry, Building Commissioner Town of Barnstable From: Peter L. Freeman Freeman Law Group LLC Re: 26 High Noon Drive, Centerville/Lot Buildability Date: March 19, 2014 BUILDABILITY STATUS ANALYSIS 26 High Noon Drive, Centerville The Subject Lot: Subdivision Plan The "Subject Lot" is shown on Assessor's Map 19:3 ;225 and is addressed as 26 High 1400n Drive, Centerville. The Subject Lot is "Lot 9" of a 2.0-lot definitive subdivision plan entitled, "Plan of Land in Centerville, Mass.owned by David B.:Goldman and Joanne S. Goldman" (hereinafter the"Subdivision"). This Subdivision plan was approved Under the Subdivision_ Control Law at that time and-was endorsed on. September 5. 1978 and recorded in the Barnstable Registry�of Deeds ("the Registry") on., Septembe' ;/, 1978..in Plan Book 326,at Page 2T The Subject Lot contains 20,870 :square feet of upland lot:area and has 219.90 square feet of frontage. Title At the time the Subdivision was created in i978, David B,. Goldman and Joanne S. Goldman owned the property and hard so since 1965 as represented.by a deed from:Harold Castonguay to the Goldmans dated December 15, 1965 and recorded in the Registry of Deeds in Book Page l of 5 86 Willow Street a Yarmouthport,MA 02675 a Phone(508)362-4700 a Fax(508)362-4701 1321 at Page 292.1 .The Subject Lot("Lot 9")was deeded from the Goldmans as husband and.wife to Sandra'Crosby on February 28, 19852 who immediately conveyed it to Joanne Goldman individually,,. Joanne Goldman maintained title to the subject property until her death in September 2001, at which time title passed to her husband, David B. Goldman. David B. Goldman died in April 2004 and his estate is the current owner of the subject property. Zoning At the time.of the approval of the definitive plan, the subdivision lay across two zoning districts; Residential RD-1 and Residential RC. The zoning line splits the Subject Lot in half as shown on the Subdivision Plan: At the time of the approval of the Subdivision in 1978, the lot area requirement for the RD-1 district was 20,000 square feet and lot area requirement for the RC district was 15,000 square feet. Thus, at the time the Subdivision was created, the Subject Lot being 20,870 square feet met the lot area requirement and complied with all applicable zoning. The zoning and lot area requirements remained on the Subject Lot until February 28, 1985 when applicable zoning was changed to require one acre lot area4, which then rendered the Subject Lot non- conforming as to lot area. The Subject Lot currently meets existing frontage and lot width requirements. Abutting Lots: There are three lots abutting the Subject Lot; one lot(Lot 8) is part of the Subdivision and the other two lots although abutting the Subject Lot are outside of the Subdivision and not a part thereof. The three abutting lots are: • 40 High Noon Drive as shown on Assessor's Map 193 as Lot 224 (Lot.8 of the subdivision) . • 685 Shootflying Hill Road as shown on Assessor's Map 193 as Lot 007 • 697 Shootflying Hill Road as shown on Assessor's Map 192 as Lot 060 It was later discovered that the 1965 deed incorrectly titled the property to the Goldmans as Trustee for their children and an Affidavit and immediate subsequent deeds to correctly clear the title to David Goldman and Joanne S. Goldman were recorded in Book 3353 at Pages 200,201,203,205 &207 in September of 1981. This 1981 deed date reference is reflected on the Assessors Record. 2 The Deed to Sandra Crosby was dated and acknowledged on September 22, 1984 but not recorded until February 28, 1985. 3 See Deed recorded in Book 4433 at Page 82 and Deed recorded in Book 4433 at Page 87 4 On October 26,2000,the Resource Protection Overlay District was adopted which required two acre lot area,but this is not applicable to this analysis because if it is determined that the Subject Lot acquired Subdivision Plan and Common Lot Protection status in 1985,then the RPOD would also not be applicable. 5 The frontage and lot width requirement for the RD-1 district is 20 ft./125 ft. and for the RC district, it is 20 ft./100 ft. Page 2 of 5 As one abutting lot is part of the Subdivision and the other two are outside the Subdivision, the grandfathered/buildability title and regulatory analysis will be separated into two issue areas: (1) Subdivision Plan Protection and (2) Common Lot Protection. Subdivision Plan Protection Analysis: Barnstable Zoning Ordinance, Section 240-91(E.)—"Subdivision Plan Protection." states that; "any change in this chapter [the Zoning Ordinance] shall not apply to land shown on a plan under the Subdivision Control Law by a duly submitted and endorsed definitive subdivision plan, . . . . . .. for such period of eight years from the date of endorsement, as provided by MGL Ch. 40A, Section 6. ' Any legally created lot with a recorded release of covenant of the Planning Board that has been sold or transferred into separate ownership and control from any adjoining lots within eight years from the endorsement of the original subdivision plan shall be exempt from any dimensional or bulk zoning changes and shall not lose its status as a single buildable lot under zoning." In reviewing this Ordinance, there appears to be three elements or criteria needed to meet the requirement to acquire Subdivision Plan Protection; (1) A legally created lot shown on a definitive subdivision plan endorsed under the Subdivision Control Law; (2) with a recorded Release of Covenant from the Planning Board; that is (3) sold or transferred into separate ownership and control within eight years from endorsement of said plan,shall not lose its status as a single buildable lot. As you will see from the following analysis, this Subject Lot meets all three criteria: (1) Legally Created Lot As explained above, the Subject Lot is part of a definitive subdivision plan that was endorsed in 1978 under the Subdivision Control Law. (2) Release of Covenant The Subdivision Plan Protection Ordinance requires that a recorded release from covenant of the Planning Board is a requirement to obtain Subdivision Plan Protection. A Release of 6 Barnstable Zoning Ordinance Chapter 240-91(E.) C 7 Barnstable Zoning Ordinance Chapter 240-91(B.) Page 3 of 5 I Lots Under Covenant dated September 14, 2012 that included the Subject Lot was recorded on September 26, 2012 in the Registry at Deed Book 26706 at Page 235. Note that the Ordinance does not specify that the Release of Covenant must be within eight years of endorsement of the plan, nor does it state that the Release must be at the time that the Subject Lot was sold or transferred into separate ownership and control. It simply states that there must be a Release of Covenant from the Planning Board and thus this criterion has been met. Additionally, a Release of Covenant has been recorded for other lots in the Subdivision, specifically the abutting lot("Lot 8")was granted a release in March 1986, recorded in the Registry as.a"Certificate of Performance" in Book 4970 at Page 014. (3)Separate Ownership The only abutting property to the Subject Lot within the Subdivision is "Lot 8" addressed as 40 High Noon Drive and as shown on Assessor's Map 193 as Lot 224. This "Lot 8"; like the Subject Lot, was also originally owned by David B. Goldman and Joanne S. Goldman at the time the Subdivision was created in 1978.8 This abutting ("Lot 8") was deeded from the Goldmans as husband and wife to Sandra Crosby on February 28, 1985 who immediately conveyed it to David Goldman individually within the 8 years under the subdivision ordinance. On June 21, 1985, David Goldman deeded this "Lot 8"to Bernard G. Linehan and Maureen A. Linehan, as husband and wife, as shown in deed recorded in the Registry in Book 4614 at Page.297,which was also within the 8 years under the subdivision ordinance and thus Lot 9 acquired Subdivision Plan Protection under the Ordinance. As stated above, this "Lot 8" was granted a Certificate of Performance or release of covenant by the Planning Board in March of 1986. This "Lot 8" and the Subject Lot("Lot 9")have since remained in separate ownership and control to date.10 In addition, as stated above, all the lots in the Subdivision were transferred into separate ownership in February 1985 via the conveyances from the Goldmans to Sandra Crosby and her subsequent conveyance of the lots in question in separate ownership to David Goldman, separately, and'Joanne Goldman, separately. This also give the Subdivision Plan Protection under the Ordinance. Summary of Subdivision Plan Protection Analysis: Thus, according to the Subdivision Plan Protection Ordinance and the record title, the Subject Lot("Lot 9")has acquired Subdivision Plan Protection and is still considered a legally buildable lot, having met all the requirements of the Ordinance and is therefore s The Goldmans also owned the property since 1965 and follow the same deed references as the Subject Property until 1985. 9 See Deed recorded in Book 4433 at Page 82 and Deed recorded in Book 4433 at Page 86 10 Ownership of Lot 8 transferred to David Suaro,Trustee in 1986(Deed 4970/015)and then in 1988 to the current owners,Guy and Janice Morse(Deed 6092/200)as shown on the Assessors Record. Page 4 of 5 exempt from any dimensional or bulk zoning changes and thus has not lost its status as a single buildable lot under zoning according to the Zoning Ordinance 240-91(E.) and MGL Ch. 40A, Section 6. Common Lot Protection Analysis Although it may not be applicable, as the Subject Lot is afforded Subdivision Plan Protection as explained above, the lot does abut two lots which are not part of the Subdivision; 685.and 697 Shootflying Hill Road. Both of these lots, however, have always been in separate ownership and control from the Subject Lot and thus the Subject Lot has not merged with either of these lots. See Assessors Records for these two lots for deed references. Conclusion For all of the above reasons,the lot in question is grandfathered and is a buildable lot for a single family residential home. Page 5 of 5 8om 3Ak--PAGE b� SCALE lee 2000' - - PF'�•h JS6 O 2 M" 4 st e M P a�N 9Sp Off\' - P y9•AA2p V 8.OI°15'10"W ' taE +STA-564 23.18 +.STA 54+31.38 i LAKE WAOUAQUET NOI°IS.31'10°E , 1 _ L8 a r 6000, 0 5N 0, A�235.98 ; , P.9 ti '840.00' NEA6 e.01�1 r0s° LYI R 0 E OR r .. - g1 \0 \p2 1. - - y °,a rc rc a O F. W p N I 3 8 22 g0 - �. TOWN OFBARNSTABLE O a mm al qp ♦< PO a - OAO S 28 c -' ;'....: 'JOHN BROPHY "� , a W .2N Ck Cl m- - eSp00 v ,.R\I,b�pV pU \AT PLAN'; 19S/SI m ¢ • 13 1 0 VY\NO.�OgiN 1'\oW ' - '�... I' j`P`@P " 0 9 iim '' q a x p°, : MOOS \s�'e -NE2 _ 210.01, 30.59, S OI°38'20°W 1 R'js3, ,aN 4 S�O I zx 4 5 -N`40• 890.81' - ry@ 681.32' 14 , 0. 10� • ; \ .LOT, .9 - y a,.exa-svaa-� �y-��"F tod - Ioi LOT 2 0.480 Acres $3.RP 37,038 Sq.R. 82 - \ _ 00 5 FOgO WI A 77` 0.050 Acres _ 00 20.0/ SA-F%' O g� OI R. 5 - ;y1 O. \ 1 al 196.6 1 0 1NEO 0 RC \ - rc\ : - ee i ...ONE ?<@ Fi 20,769 Sq.Ft.- _ • 20 952LOT 2 S Ft._ WE7 AREA. \ Oe O q LOT y LOT I , @ gyp, of 8660 SE \ '/� \ _ p@00 0.477 Acres - \ 0.481 AGfes \ 0 b;\. 27,'630 5q.F1. _ _ /, r 0.197 As. \ 00 d 00 .F m ^ Via• 0.63 Aer�e - F Ep ♦O/ 'e• 0g r .q\ eW WET.AR 3 - WET AREJS 7614S,F. 0.175 As.. l _ NOT-423 2844 S.F. - - y ,. LOT 7 00 ♦q,°j.• O @• A g♦ m G g.10 O.OSe Aal \ , d 4O x 2 2 58 W 1\.08' ,>•% - °9b0 0.482 .Pore$- E LOT 19 AO O --- 03eg , 1 6.00' O. ♦ 0, IS,810 Sq.F. - A WET AREA WET AREA �, - 2 2g '< <a 3? WET AREA 1 - \ 5520 S.R 6000 S.F. - `Oe \\ ♦,Q. P�,3�2 0.358 AOfeB @'O W C 6672 S.F, '/ DART As. 0J38 AO. 4Q J 0.18E A.. LOT - 8 F O OOgg9 9P p - P \ 00,AO _ •G / 0. Od Og Oq' 21,000 ¢1.Ft. m a 3 e --..--�'�" / O,p -0.480 eras 1•. `q' \_ @ \ @ a: "m h � LCIT 3. 8 LOT 4 V / Y@°O, a♦Oq'. Z°9g. ,� OO g9°\ LOT IB <s@ .. °o is a 2 - 21„468 Sq.Ft. -O-°x N W 31,232'3q•Ft A- 32,824 Sq.Ft. m de P;\r 30' °' -9 0.493 Acres O° O - a• h o °7 0.717 Acres 0.749 Acres N a @ F p PN1L oF V LOT 5 07 CL80 0R 19,675� Sq. \0 0.. ;q' ♦q,°�'•LOT �... y OGO�Pr. Ooa IsRVAU TRR�UQHT mRoth 0.402 Apre s 13 09 O / p0' INES, 8EA9 1'�\ / q♦ 16,610 SGF1. @� F fc O. b9 LOT 17 2``'`•^/ 1 WET A % A-80.0T' - Ox g 0.358 Acres 8e gg0. P 16;8'08 Sq•Ft. .. �y \`2.Og 0.381 Aor69' 1 8/p _.-- P?♦ ,<L\ _�O F. PS'.g 4� 1 q 11 $07•20'07° b A'29.38 q, / g +3 8 0.00 W N t8.83'. ti0 m? o / a q'20.38.. 2g 00`- e A LOT 14 OA L\ 24 90410S Ft. W / A-21,14'N - LOT 12 pO q R^52.5' ^�♦ 2 0. gp,00 - 0.344 Acres @ 9 O.BT2 Acres 0 18,083 80.Ft.. v - : ?@ '•+ - o' o of A-96,43 0.416 Aoree e, .�. O d I O N LOT II - O O 00♦,. g9 /J/� R 3• .. m °P.. cr 4 - _ �00°_. - _ \gam°\♦y `4g 3j' g m / 2 4a.0 O P 0.F q 0.407 Acres 129.18, t e ' 272.33, m 1 LSO w^^ LOT 15 - LOT I6 a R. ARTHUR iB 0R. 8E 'IB,S 12-Sq.Ft y 17.42'4 Sq.1 N BETTY N 07•p2 00 E _ 235.00' 1` A q3E 18-SI,. 0.425 Acres O!7 0.400 Aarea L. WILUAM$ m , 1 79, s FOR REGISTRY USE j 4F/''"�rr A•:L�w7s.^w� CLERK OF THE TOWN F (1 OF BARNSTABLE, HEREBY CERTIFY THAT THE NOTICE OF APPROVAL OF THIS PLAN BY THE BARNSTABLE MAY - t�� PLANNING BOARD HAS BEEN RECEIVED AND RECORDED` _ C CR088 RE EHV ED DURING IS OFFICE, AN 0 THEN TWENTY NOTICE OF DAYS APPEAL AFTER Y PLAN'2g 1, 5 GROSS AREA .501.01 Sq Ft-'946i-.jAeiae SUCH RECECPT AND RECORDING OF SAID NOTICE. TS LOT AREA 433,710 Sq.FtP'9;9.57 Aore8 - ROAD AREA 47,828 Sq..F-f, 1.098 Acres - GATE 9s--78 GREEN AREA 2,200 S"q.Pt. 0.051 Acres WET AREA 49,000-So Ft. 1.125 Acres TURN'ABOUNDS 17,318 Sq.Ft. 0.398 Acres 5 i ROADS 1,130 LINEAR FEET BARNSTABLE TOWN,OLERK 51 <""b11 C0 81,11d1b8 LM 1 CONFORMITY O THAT THIS PLAN HAS BEEN PREPARED IN CONFORMITY WITH THE RULES AND REGULATIONS OF THE REGISTERS Of DEEDS OF TH COMMONWEALTH LaA,�Ar OF MA39ACHUSETT3. `� �! /04 i :lip _i-i= pra 292 - - QU116"IM MID/11401WOUAL0 Dal We, A. HAROLD CASTO=AY of Yarmouth (Hest), Barnstable County, Massachusetts, and OE1tSHClI D. NALL of Har•+ioh (Harwichport), Barnstable County, Massachusetts, THUSUSS of HEWAQUST TRUST under an agreement and neolaration of Trust, Dated April 13, 191191 reoorded in Darnatable County Registry of Deeds in Book 720 xW Page h57 Jm6t�niralAalggamr consideration paid,grant to DAVID GOLDM R-and JOANNE S. GCL I both of 12 Kerry Court, In sold Yarmouth (Hest) TRUSTEES for REBEXA GOL JUDITH GOLD"and LAUREN G. M e Whit guittillaltoutannio the lend in Barnstable, County of Barnstable, and Cosmtonaealth of Massachusetts, bowtded and desoribed as foliowat ioe Option+nd MNmbror4m It,nri HlMlF.ASTERLY by the southwesterly line of Shoot Flying Hill Road, three hundred sixty-one and 17/100 (361.17) feats i;ASTERLY by land now or formerly of A. Harold Castonguay at III, Trustees, six hundred forty-six and 17/100 (646,17) feet; . R,OUTHBRLY l,y lends of sundry adjoining owners, five hundred seventy-one and 59/100 (571.59) feeti HESTBRLY by land now or former; of Sumer Crosby et at*, six rm•hundred four and 55/1oo (6oh.% reetl - SOUTflERLY again by land now or formerly of Summer Crosby et als, seventy-one end 63/100 (71.63) feet; HESTERLY again by land now or formerly of Sumer Crosby st-al, three hundred olxty-four and 15/100 064,15) feet} NORTHERLY by land now or formerly of R. Arthur Williams, three hundred,fifty- two and 0/100 052.491 feet, Together with the fee in a sixty (60) foot parcel of land neat adjoining Lot 3 on another plan of Hequaquet Trust unregistered land running from Shoot FrgRg Hill Road to the first parcel above described. All of the above described premises areloonveyed subject to existing rights �! of way and reserving to Grantors rights of way in common with all others entitled thereto over the sixty (60) foot way last above desarlbeds a right of way being expressly reserved over said 60 foot way for the benefit of the Grantors or their successors In title. The first, parcel above described is shown as'LYF.r28427A,m1nus that which was severed from the original Land Court Portion, s'. The 60 foot parcel is shown on plan entitled 'Plan of Lots, Centerville, if Barnstable Mass. beloning to Stanley A. McLean et al, Scale i.io -,60 ft• �ous�nd + I is Deo. 0, 199Ic", -,A AJ f> ti,�5 I .= _q , etl(tt r I dasaem i 9Ihttsd.-Auc...,hand s 'and seal s this....... .?........'.."....day of., ..Duo n •,..••....i9.Gar.- _> ... f i .........................,.. :11J!!!Y/,A�+1.. .,,,.,�G•.�TT�eSJyr......Trusts: ; !�t' 9 .,�ht Qtntnnunturrnillj pt �tnssntligdttig Barnstable ss " December /6Z. 1965 nen.personally oppeAred the above named A. Harold Castonguay and Gershom D. Hall,. Trustees as aforesaid, - tnd gcknowledgcd the(otegoing instrument to be their (rev act And da�ed,,be�latte Me' ' '•;#7 r w .i.'t!e'f ta•s• I:ts.3T1 ..��,.�e,e.7.G •,.�Q�.Npu�.l"'� ... , eoeunt�fto 'WrNW 19(a/ Eli (eladividue)-»Joint Titans-Tesam in Comm-Telmnts by the Entirety.) j MEMORANDUM To: Thomas Perry, Building Commissioner Town of Barnstable From: Peter L. Freeman/Freeman Law Group LLC Re: 26 High Noon Drive, Centerville/Lot Buildability Date: March 12, 2014 LIST OF ATTACHMENTS Subject Lot • Plan of Land(1978) in Centerville in Plan Book/Page: 326/27 • Deed from Harold Castonguay to David B. and Joanne S. Goldman(1965). recorded in Deed Book/Page: 13211292 • Deed from David Band Joanne S. Goldman to Sandra Crosby(1984/1985) recorded in Deed Book/Page: 44331082 • Deed from Sandra Crosby to Joanne Goldman, individually(1985) recorded in Deed Book/Page: 44331087 • Assessors Record of Subject Lot -26 High Noon Drive, Centerville: MapBook 193/225 • Form G—Release of Lots Under Covenant by the Planning Board(2012) recorded in Deed Book/Page: 26706/235 Abutting Subdivision Lot 8 • Deed from David Band Joanne S. Goldman to Sandra Crosby(1984/1985) recorded in Deed Book/Page: 44331082(same as submitted above) • Deed from Sandra Crosby to David Goldman, individually(1985) recorded in Deed Book/Page: 44331086 • Deed from David Goldman to Bernard G. and Maureen A.Linehan(1985) recorded in Deed Book/Page: 46141297 • Form G—Certificate of Performance by the Planning Board (1986) recorded in Deed Book/Page 49701014 • Assessors Record of Lot 8—40 High Noon Drive, Centerville: Map/Book 193/224 Other Abutting Lots • Assessors Record of 685 Shootflying Hill Road, Centerville: Map/Book 193/007 • Assessors Record of 697 Shootflying Hill Road, Centerville: Map/Book 1.93/060 09-26-2012 & 01 m 04R B r j.:. TOWN OF BARNSTABLE PLANNING BOARD FORM G '12 SEP 14 P 3 .3Z ' RELEASE OF LOTS UNDER COVENANT Barnstable,Massachusetts:. date Subdivision No.405-Goldman The undersigned, being an authorized agent of the Planning Board of Barnstable, Massachusetts, hereby certifies that the following lots under the control of Jeffrey W. Oppenheim,as Administrator of the Estate of David B.Goldman and Special Administrator of the Estate of Joanne S. Goldman,and securing the Covenant dated September 5, 1978,and recorded at the Barnstable Registry of Deeds in Book 2777,Page 141,and shown on a.plan entitled "Plan of Land in Centerville, Mass owned by David and Joanne S. Goldman'dated April 11, 1978,as drawn by Frank Conery and recorded with said Registry in Plan Book 326, Page 27, are hereby released from the restrictions as to sale and building specified in said Covenant. Said lots are designated on said plan as Lots Numbered 1, 2, 3,4, 5,61-7,9, 10, 11, 15, 16 and 17. Release of these thirteen lots was authorized by unanimous vote of the Planning Board on September 10,2012. The release represents the full release of ail remaining lots under Covenant with the Planning Board. Duly Executed on behalf of the Town of Barnstable, Planning Board under s I this l day of 2012. Ma w K. eague o rd Chair COMMONWEALTH OF MASSACHUSETTS O - 0 Barnstable,Massachusetts,ss , I 2oj_-�. Then personally appeared before me, I,/6 an authorized agent of the Planning Board of the Town of Barnstable, ssachusetts and acknowledged the foregoing instrument to"be his/her/their free act and deed of sai Planning Board. N 7ARY PUR'L1C < My commission expires: After recording, return to: KAP�*.r n Lr�nr,ARti� Town of Barnstable Planning Board .;' M„S6ac:HUSE1,S Growth Management Department _ b1 My Commission Expires 200 Main Street 3 , g' �4w�.'!' =z January 2;2015 Hyannis,MA 02601. ;� 3 �. , BARNST ABtE REGISTRY 0 F,, ,, DEEDS Docr:4433 ew 062 1) E E p. We, DAVID GOLDMAN and JOANNC S. GOLDMAN, husband and wife, both of 7500 Beach View Drive, North Bay Island, North Bay Village, Florida 33141 for consideration paid in the amount of less than One Hundred Dollars ($100.00) ' rant to SANDRA L. CROSBY with a mailing address of P.O. Box 632, E(yannisport, MA 02672 + WITH QUITCLAIM COVENANTS _ The land, together with the buildings thereon, situate in Barn- i stable (Centerville), Barnstable County, usetts, and being i the premises shown as LOTS 1, 3, 5, 6, 7, 8 9 10, 11, 12, 15, 16, 17_ 18 and 19 on a plan o Yand on 't7e� o Lari - Centeref1le Mass. owned by David & Joanne S. Goldman Frank Conory 5 Trenton St Hyannis mass. 02601 Registered Engineer & Land Surveyor Scale 1 in c 40 ft. April 11, 1978," which said plan is 'filed with the Barnstable County Registry of Deeds in Plan Book 326, Page 27. Together with the right to use the streets and ways as shown on said plan for all purposes for which public ways are now or hereafter used in the Town of Barnstable. The above doecribed premises are conveyed subject to the following restrictions: 1 . No building, tent, trailer, fence, wall or other struc- ture or improvement shall be oommenced, erected or maintained, nor shall any addition to or change or alteration be made until complete plans and specifica- tions showing the nature, kind, shape, height, width, + materials, floor plan, color scheme, location, and approximate costs of such structure or improvement, and the grading plan of the lot to be built upon, shall have been submitted to, lodged permanently with, and approved in writing by the grantors, their legal repre- sentatives, assigns or such other legal entity or person as they may appoint by an instrument recorded at the Barnstable County Registry of Deeds, (hereinafter known as their legal representative) . The grantors shall have the right to refuse to approve any plans and specifications or grading plan which are not suitable or desirable in their opinion, for esthetic or other eat.,ue reasons, and in so passing upon such plan, specifica- tions or grading plan, they shall have the right to •�� "• �^ look into the suitability of the proposed building or ZMkd , 44.33 ' 00 other structure and of the materials of which it is to I be built in relation to the site upon which it is ; proposed to be erected; the harmony thereof with the surroundings; and the effect of the building or other ' structure, as planned, on the outlook from the adjacent or neighboring property. i 2. No mechanical, mercantile or manufacturing trade or business shall be carried on or upon the above described promises, and no hospital or rest home for the care of the sick, feebleminded or insane shall be established or maintained thereon. 3. No trailers, trucks, jeep-type vehicles, boats, lettered- or commercial vehicles of any nature, junk automobiles or scrap materials shall be placed on or kept on any lot; but this restriction shall not be construed so as to prohibit the placing or keeping of such things indoors in a garage or cellar where they cannot be seen from the outside. 4. No animal or fowl except the common household pets shall be kept upon the granted premises, and these in reasonable and usual numbers. Shelter for the same shall be screened from view. 5. ; There shall be no signs of any kind, excepting that signs denoting street names are allowed; excepting one sign indicating the owner's name and his professional ; title at each dwelling-house, and no sign shall exceed six inches by twenty-four inches (61lx2411). 6. There shall be no parking, storage or use of house trailers, tents or other temporary shelters on the granted premises. ; 7. To maintain the residential character of the area, the lot owners therein shall keep the premises, prior to the erection or removal of a building onto said premisesi cleared of underbrush and debris that portion of the lot between the front property line and the edge of the 1 traveled way abutting said lot. 8. No.bulldozers or other crawler and cleated machines engaged directly and/or indirectly by lot owner* shall be allowed to unload on or travel on any paved way.. 97.1 Garbage placed outdoors shall be kept in covered sani- tary containers only. The regular burning or garbage i Outdoors in hereby prohibited, but this shall not 2 . ; prevent the use of an incinerator constructed within a house. ( 10.- Any lot owner, upon completion of any structure built ' a s upon his premises, shall pine-needle or seed all die- turbed soils except that upon any lot where erosion is a factor causing clogging or filling or drainage areas and/or catch basins, sod shall be placed in such amounts } and in such a manner so as to forestall such erosion. i Said placement is to be made forthwith after notice to the lot owner by the grantor or their legal representa- tive. f 11. Any driveway placed on the premises shall be surfaced with hot-top, concrete, crushed stone, seashells or € other commonly used surfacing material; it being the intent of this restriction that there shall be no dirt. driveway on the granted premises. 12. All storage areas for rubbish, trash, etc., and all clotheslines shall be enclosed with screen-type fenoing. The enclosure shall be at a height adequate to screen that which is enclosed completely from view. The enclosure itself shall not be visible from any front yard, shall be placed to the rear of any dwelling, and i shall be so situated so as to not encroach upon the- aesthetics of any abutter's view. 13. The grantors or their legal representative reserve the i right to modify or amend these restrictions in any manner they may determine shall be of benefit to subse- quent lot owners. ..The Grantors reserve the right to grant rights of way over the . streets and ways shown on said plan for all purposes for which public ways are now or may hereafter be used in the Town of , Barnstable for the benefit of their remaining land and for the : benefit of other land that the Grantors may acquire in .the future. Subject to easements to the New England Telephone and Telegraph Company et al dated September 11, 1978 and recorded with said Registry in Hook 2781, Page 1190, and to the Centerville- ostervills Fire District dated October 27, 1978 and recorded with said Registry in Book 3212, Page 239. ..,,.•. 3 r j ...+.•«•..:1 ...o-.++a.a..•.w—.r.......o..a.+r+.+..e.......-o....r•...v..�+r....mro....•.............r.a.....w.a.+..•,•..ti.�«....-..•.a.s........e+n*w..s�.-w�raw.rse... aecr 4 33 r:;: (185 For our title, see deed from David Goldman to us dated September 2 1981 and recorded with the Barnstable County Registry of Deeds in Book 3353, Page 210. gxeautod as a sealed instrument this ?� �� day of 1984. David doldman Joanne S. Go man _ • i i CO,MMONVILSALTH OF. MASSACHUSETTS narnatable, as. 1984 ..�st^ f 'then personally appeared the above named 1JAwb� ' L�W�SN and acknowledged the foregoing instrument to be /115 free; act and deed Before me, ±� - ,�,•�. .�...,, s d'ary ?• , ' ��.• ,l i My commission expi, 4 CRIED FED 28 6' I ��1 i 4ty 33 T jf acrA V3, 087 I, SANDRA L. CROSBY.,I of Harnstat�le (west Hyznnisport),-Barnstable County, Mastsac)hus4tts for r--onsidoration paid in the amount of less than One Hundred is Dollars ($10U.00) Lent 7UANN1: ti. GOLDMAN of 7500 [coach View Drivo, North Bay l luland, North Bay Village, Florida 33141 jl - " WITH UUITCLAIM CUVL••NANTS Tht- land, toe 4+ ther with the buildings thereon, situate in Barn- stable '(Cante_rvillo), Barnstable Cou Y. tlassachusetts, and being the premxsr:s shown as LOxs 3, 5, 7, 9 llt 12, 16 and 18 on a i plan of land a nCiticd "IFfan of Land n Ccsntcervilla!•lass, owned by David & Joanne G. Goldman Prank Conery 5 `zrenton St. Hyannis Mass. 02601 R-,;li.stured Enrlineer & Land Surveyor Scale 1 in - 40 ft i I April 11, 197.8," which said is filed with the Barnstable 1 County ReUistry of Deeds in Plan Crook 326, Page 27.2 The abovo duscribted premises are canveye3d sub3;:ct to and with the bon-,fit of the rights reservations, restrictions and ^ease:ments ' f contained or referred to in a deed from David Goldman et ux to me i dated Leptutaber 22, 1984 to be recorded hern".with, to which deed ik r-.fcrcnce,may be had for title. li 1:xucuted as a scaled instrument this 28th-day oi• February, 1985. rI 1 , / yandri .1;."Crosby COMMONWQALTII,Ol' MASSACHUSl TT9 1 aarnstabl,,, ss. February 28, 1985 ' I #=Thon personally appaAread tho above named SANDRA L. CROSBY and acknowledged the foregoing instrument- Ito baAer frea act and deed,.Be for.u. me. /.I�it Pr/ 'sT) •', / t4opar Publ; -My comtnissa.on� axpir:'s, l�?Sj.'r.'/,j jr;.1yy'I .. . M 1.il',•f 11 1...f' litLU�iC �FEB Z8 G; . '' Print Page Page 1 of 2 Print this page,',,.] . Owner Information-Map/Block/Lot: 193/225/-Use Code:-1320 Owner Map/Block/Lot �il,� AP, GOLDMAN,JOANNE S ESTATE 193/225/ Owner Name as of OF Property Address 111113 156 LOCUST STREET 26 HIGH NOON DRIVE FALMOUTH,'MA.02.540 - C/O JEFFREY W OPPENHEIM SP Co-Owner Name ADM Village: Centerville Town Sewer At Address:No GIS Zoning Value: SPLIT RD-1;R . Assessed Values 2014-Map/Block/Lot: 193/225/-Use Code: 1320 2014 Appraised Value 2014 Assessed Value Past Comparisons Building $0 $ 0 Year Total Assessed Value: Value Extra $0 $ 0 2013 -$ 8,800 Features: 2012 -$ 7,700 Outbuildings: $ 0 $0 2011 - $ 7,700 Land Value: $ 8,800 $ 8,800 2010- $ 7,700 2009- $ 8,100 2008 --$ 8,600 2014 Totals $8,800 $8,800 2007 - $ 8,600 . Tax Information 2014-Map/Block/Lot: 193/225/-Use Code: 1320 Taxes C.O.M.M.FD Tax(Residential). $ 13.29 Commune Preservation Act $2.41 Tax a :{ i Town Tax(Residential) $ 80.26 Fiscal Year 2014 TAX-RATES HERE- 95.96 . Sales History Map/Block/Lot: 193/225/ Use Code: 1320 History: Owner: Sale Date Book/Page: Sale Price: GOLDMAN,JOANNE S ESTATE OF 10/7/2010 24891/181 $0 GOLDMAN,JOANNE S 2/15/1985 4433/87 $100 http://www.townofbamstable.us/Assessing/printl4.asp?ap=0&searchparcel=l93225 2/4/2014 r Print Page Page 2 of 2 CROSBY, SANDRAL 2/15/1985' 4433/82 $100 GOLDMAN,DAVID&JOANNE`S: 9/2/1981 3353/207 P $0. . Photos 193/225/-Use Code: 1320 There are not any photos for this parcel . Sketches-Map/Block/Lot: 193/225/-Use Code: 1320 , A sketch is not available for this parcel.: AsBuilt Card N/A . Constructions Details-Map/Block/Lot: 193/225/-Use Code: 1320 Land. USE-CODE 5 1320 Lot Size(Acres) 0.48 Appraised Value $ 8,800 Assessed Value $ 8,800 Construction details are not available for this parcel. . Outbuildings&Extra Features-Map/Block/Lot: 193/225%`-Use Code: 1320 There are not any extra building features on record.at this time: . Sketch Legend >+ . Property Sketch:Legend B2N Barn-any 2nd story area FPC Open:Porch Concrete Floor' REF Reference Only BAS First Floor,Livirig Area "FTS .Third Story Living Area(Finished) SOL Solarium BMT . Basement Area-(Unfinished) .. FUS Second Story Living Area(Finished) SPE Pool Enclosure BRN Barn GAR Garage TQS Three Quarters Story(Finish( CAN Canopy GAZl Gazebo UAT . Attic Area(Unfinished) CLP Loading platform: GRN`Greenhouse ` UHS _ .Half Story.(Unfinished) FAT Attic Area(Finished)` GXT=Garage Extension.:Front UST, Utility Area(Unfinished) FCP Carport KEN Kennel UTO Three Quarters Story{Unfinis FEP Enclosed Porch MZ1 Mezzanine, Unfinished UUA Unfinished Utility Attic FHS ` Half Story(Finished) PRG Pergola UUS 'Full Upper 2nd Story(Unfinis] FOP Open or Screened in Porch PRT Portico WDK, Wood Deck PTO> Patio httpc//www.toumofbarnstable.us/Assessing/printl4.asp?ap=0&searchparce1=193225 2/4/201'4' sooF4433 WE 086 I D E E D 10194 I, SANDRA L. CROSBY, of Barnstable (West Hyannisport) , Barnstable County, Massachusetts for consideration paid in the amount of less than One Hundred Dollars ($100.00) grant to DAVID GOLDMAN of 7500 Beach View Drive, North Bay Island, North Bay Village, Florida 33141 WITH QUITCLAIM COVENANTS The land, together with the buildings thereon, situate in Barn- stable (Centerville), Barnstable County, Massachusetts, and being the promises shown as LOTS 1, 6, 8 10, 15, 17 and 19 on a plan of land entitled "Plan of Lan in Centerville t9ass. owned by David & Joanne S. Goldman Frank Conery 5 Trenton St. Hyannis Mass. 02601 Registered Engineer & Land Surveyor Scale 1 in = 40 ft April 11, 1978," which said plan is filed with the Barnstable County. Registry of Deeds in Plan Book 326, Page 27. The above described premises are conveyed subject to and with the benefit of the rights, reservations, restrictions and easements contained or referred to in a deed from David Goldman et ux to me dated September 22, 1984 to be recorded herewith, to which deed reference may be had for title. Executed as a sealed instrument this ?.&th day of Fer�ry, 1985. Sandra L. Crosby -- COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. x February 28, 1985 :hen personally appeared the above named SANDRA L. CROSBY and acknowledged the foregoing instrumen Zto �ber f ee act and deed, Before me, t - i I a Notary Public My commission 6xpires:/3V'('W 1510 t M YC(iC K.KILROY. _ _ f r GREEN R M'LANGHLIN,PC - +� f 0 FEB 2865 s - i itioo�961Q WE 29'7 3�i3.83 It DAVID GOLDMAN, of 7500 Beach View Drive, North Bay Island, North Bay Viii�a e Florida 33141 for the full consideration of FORTY-TWO THOUSAND FIVE HUNDRED AND �sdii 00/100THS DOLLAR6° ($42,500.00) paid Smut to BERNARD G. LINEHAN and MAUREEN A. LINEHAN, husband and wife, i as tenants by the-entirety, both of 12 Flintlock- Way, Yarmouthport, Massachusetts 02675 with qtd tWw tsa uwb the land in Barnstable. (Centerville), Barnstable County, Massachusetts, being the premises shown as LOT 8 on a plan of. land entitled "Plan of Land in Centerville Mass. owned by David & Joanne S. Goldman Prank Conery 5 Trenton Street, Hyannis Mass. 02601 Registered Engineer & Land surveyor Scale 1 in = 40 ft. April 11, 1978 " which said plan is filed with Barnstable County Registry of Deeds in Plan Book 326 Page 27.. The above described premises are conveyed subject to and with the benefit of the rights, reservations, restrictions and easements contained or referred to in a deed from David Goldman. et ux dated September 22, 19.84 and recorded with'said Registry in Book 4433 Page 82. For my title see deed of Sandra L. Crosby dated February 28, 1985 recorded with said Registry in Book 4433 .Page 86 m _ , COMM n Exsc as aaled instrument this pL/ / day o June I�5 David Go STATE OF FLORIDA is. June &/'/—lq 85 Then personally appeared the above named DAVID GOLDMAN a•4 y 9 4 and acknowledged the foregoing instrument-to be his free act and de :' �. •.,J' s BtjlO►e t!1!� .•. • OtoyZle�k p Z C My commission pires All i Bel pIRt ties? RECuRuEU gut 8�s _ daoK49'XOrc 014 FORM G 1616 '_. CERTIFICATE OF PERFORMANCE (Covenant.Approvel Release). , 'Barnstable Massachusetts,_ M=qh i8A 1986 ?.^ The undersigned, being an authorized agent of the Planning Board of Barnstable, Massachusetts, hereby certify that the requirements'for work on the ground called for by the Covenant dated S=tenber 5 19 7e , and recorded in=Barnstable District Ueeds, Book2 0 Page 071 (or registered on Cert ficate.of Tit;ie iio. Document # have been completed to the satisfaction of the Planning, Boardas to the following enumerated lots shown on Plan entitled plan n$ nand _owned by Mr. & Mra. Davin Goldman in Qntarvilig, 8drK)staj2iP mass Owned by, 6 ra_ Q0yid coid-n , recorded with said Deeds,:Plan Book '326 Page 27 (or registered in said'Land Registry District, ,L. C. r ) and said lots are hereby released•from the restrictions as to sate and building - specified thereon. Lots designated on said plan as follows: x.. Lat #8 tPIanning / 67k-Authnriz�xd Agent. SUBDIVISION iy I /-►' . Coard405 � -4-h�G�►,.,°. f i h 'a. r Barn 1r1)1f. - COMMONWEALTH OF MASSACHUSETTS Barnstable, Massachusetts, ss Then personally appeared AAZ,, W442 w end wan authorized agent of the Planning Board of the Town of Barnstable, Massachusetts and acknowledgf-d the fore- going instrument to be the free act and deed of said Planning Board', b0ore mt. y _ M commission expires: After recording return to: Y P ,�•- __ Town of Barnstable Planning Board g' Y Town Office 367 Main Street Hyannis, Mass. 02601 w .71 4 n4,�.tirr.rn MR 19 86 �i ubv •u�,v • vi ✓ ,..0 Printthis page:] . Owner Information -Map/Block/Lot: 193/224/-Use Code: 1010 Owner Map/Block/Lot GIS MAR 193/224/ MORSE,GUY L III&JANICE A Property Address Owner Name as of 111113 40 HIGH NOON DRIVE 40 HIGH NOON DRIVE CENTERVILLE, MA. 02632 Co-Owner Name Village: Centerville Town Sewer At Address: No GIS Zoning Value: SPLIT RD-1;R . Assessed Values 2014-Map/Block/Lot: 193/224/-Use Code: 1010 2014 Appraised Value 2014 Assessed Value Past Comparisons Building $ 186,700 $ 186,700 Year Total Assessed Value: Value Extra $46,800 $46,800 2013 - $ 350,600 Features: 2012 -$ 352,300 Outbuildings: $ 7,300 $ 7,300 2011 - $348,200 Land Value: $ 109,600 $ 109,600 2010 - $347,600 2009 - $408,400 2008 - $434,300 2014 Totals $350,400 $350,400 2007- $467,100 Residential Exemption Received=$86,566 . Tax Information 2014-Map/Block/Lot: 193/224/-Use Code: 1010 Taxes C.O.M.M.FD Tax $ 529.10 (Residential) Community Preservation Act $ 72 19 Tax Town Tax(Residential) $ 2,406.17 Fiscal Year 201.4 TAX RATES HERE 3,007.46 . Sales History-Map/Block/Lot: 193/224/-Use Code: 1010 History: Owner: Sale Date Book/Page: Sale Price: MORSE, GUY L III&JANICE A 1/15/1988 6092/200 $1 SAURO,DAVID A TRS 3/15/1986 4970/015 $52500 LINEHAN,BERNARD G 7/15/1985 4614/291 $42500 GOLDMAN, DAVID 2/15/1985 4433/086 $100 CROSBY, SANDRA L 2/15/1985 4433/082 $100 GOLDMAN, DAVID 9/1/1981 3353/207 $0 . Photos 193/224/-Use Code: 1010 . Sketches-Map/Block/Lot: 193/224/-'Use Code: 1010 ." W. 0 i BT 7 P..% ?ll� 20 u AsBuilt Card N/A . Constructions Details-Map/Block/Lot: 193/224/-Use Code: 1010 Building Details Land Building value $ 186,700 Bedrooms 4 Bedrooms USE CODE 1010 Replacement Cost. $212,111 Bathrooms 2 Full+ 1H Lot Size(Acres) 0.48 Model Residential Total Rooms 8 Rooms Appraised Value $ 109 Style Cape Cod Heat Fuel Oil Assessed Value $ los Grade Average Plus Heat Type Hot Water Year Built 1986 AC Type None Effective depreciation 12 Interior Floors Carpet Stories 1 1/2 Stories Interior Walls Drywall Living Area sq/ft 2,187 Exterior Walls Wood Shingle 1 µbV • 1 11�V J Vl J Gross Area sq/ft 5,759 Roof Structure Gable/Hip Roof Cover Asph/F GIs/Crop . Outbuildings&Extra Features-Map/Block/Lot: 193/224/-Use Code: 1010 Code Description Units/SQ ft Appraised Value Assessed Value BMT Basement- 1608 $29,000 $29,000 Unfinished FPL2 Fireplace 1.5 stories 1 $4,000 $4,000 GAR Attached Garage 440 $ 12,600 $ 12,600 WDCK wood Decking , 479 $ 7,300 $ 7,300 w%railings FOP Open Porch-roof;ceiling 16 $ 1,200 $ 1,2U0 . Sketch Legend Property Sketch Legend B2N Barn-any 2nd story area FPC Open Porch Concrete Floor REF Reference Only BAS First Floor, Living Area FTS Third Story Living Area(Finished) SOL Solarium BMT Basement Area(Unfinished) FUS Second Story Living Area(Finished) SPE Pool Enclosure BRN Barn GAR Garage TQS Three Quarters Story(Finish( CAN Canopy GAZ Gazebo UAT Attic Area(Unfinished) CLP Loading Platform GRN Greenhouse UHS Half Story(Unfinished) FAT Attic Area(Finished) GXT Garage Extension Front UST Utility Area(Unfinished). FCP Carport KEN Kennel UTQ Three Quarters Story(Unfinis FEP Enclosed Porch MZ1 Mezzanine, Unfinished UUA Unfinished Utility Attic FHS Half Story(Finished) PRG Pergola UUS Full Upper 2nd Story(Unfinisl FOP Open or Screened in Porch PRT Portico WDK Wood Deck PTO Patio I .,7 x Print Page Page 1 of 2 Print this page . Owner Information-Map/Block/Lot: 193/007/=Use Code: 9300 Owner Map/Block/Lot ���, ��` 193/007/ BARNSTABLE,TOWN OF property Address Owner Name as of (MUN) 111113 367 MAIN STREET 685 SHOOTFLYING HILL RD HYANNIS, MA. 02601 Co-Owner Name Village: Centerville Town Sewer At Address: No GIS Zoning Value: RD-1 . Assessed Values 2014-Map/Block/Lot: 193/007/-Use Code: 9300 2014 Appraised Value 2014. Assessed Value Past Comparisons Building $ 0 $ 0 Year Total Assessed Value: Value Extra $0 $ 0 2013 -$ 110,900 Features: 2012 - $ 110,900 Outbuildings: $0 $0 2011 - $ 110,900 Land Value: $ 110,900 $ 110,900 2010- $ 110,900 2009- $ 93,200 2008 -$ 93,200 2014 Totals $ 110,900 $ 110,900 2007 - $93,200 . Tax Information 2014-Map/Block/Lot: 193/007/-Use Code:9300 Taxes C.O.M.M.FD Tax(Commercial) $0 Town Tax(Commercial) $0 $0 . Fiscal Year 201.4 TAX RATES HERE . Sales History-Map/Block/Lot:-193/007/-Use Code: 9300 History: Owner: Sale Date Book/Page: Sale Price: BARNSTABLE,TOWN OP(MUN) 19606 1410/614 $0 Photos 193/007/-Use Code: 9300 There are not any photos for this parcel Sketches Map/Block/Lot: 193/007/-Use Code: 9300 http://www.townofbamstable.us/Assessing/printl4.asp?ap=0&searchparcel=193007 2/5/2014 .Print Page Page 2 of 2 <. A sketch is not available for this parcel:,'.',_ AsBuilt Card N/A . Constructions Details=Map/Block/Lot 193 7 007/-Use Codes.9300 Land USE CODE ' 9300 . Lot Size(Acres) 0.5.1 Appraised Value $ 110900 :; Assessed Value $ 110,900 . Construction details ar'e not available for this•parcel. Outbuildings&Extra,Features-Map/Block/Lot: 193/007/> Use Code: 9300 There are not any extra building,features on"record at this time. . Sketch Legend a Property Sketch Legend ; B2N Barn-any 2nd story area _-` 'FPC Open Porch Concrete Floor REF' Reference Only BAS First Floor,Living Area `: FTS Third Story Living Area(Finished) SOL Solarium BMT Basement Area(Unfinished) FUS Second Story Living Area(Finished) SPE ` :Pool Enclosure " BRN. Barn GAR Garage; TQS .'Three Quarters Story(Finish( CAN Canopy., GAZ Gazebo UAT Attic Area(Unfinished) - CLP Loading Platform.` , GRN Greenhouse UHS Half Story(Unfinished) FAT Attic.Area(Finished) GXT Garage Extension Front. UST : Utility Area(Unfinished) FCIP Carport KEN Kennel :- UTQ Three Quarters Story(Unfnis FEP Enclosed Porch MZ1 Mezzanine, Unfinished UUA Unfinished Utility Attic. FHS Half Story(Finished) PRG Pergola UUS Full Upper 2nd Story(Unfinisl. FOP 'Open or.Screened-in Porch;, PRT,;Portico WDK Wood Deck , a PTO Patio a - F, y e http://www.townofbamstable.us/Assessing/printl4.asp?ap=0&searchparcel 1193007 2/5/2014 Print Page Page 1 of 3 Print this page . Owner Information -Map/Block/Lot: 192/060/-Use Code: 1010 Owner Map/Block/Lot G,S AR' 192/060/ CHRISTENSEN,DONNA L& Property Address Owner Name as of DANIEL E 111113 697 SHOOTFLYING HILL RD 697 SHOOTFLYING HILL RD CENTERVILLE, MA. 02632 Co-Owner Name Village: Centerville Town Sewer At Address: No GIS Zoning Value: RD-1 . Assessed Values,2014-Map/Block/Lot: 192/060/-Use Code: 1010 2014 Appraised Value 2014 Assessed Value Past Comparisons Building $ 118,200 $ 118,200 Year Total Assessed Value: Value Extra $33,300 $33,300 2013 - $250,300 Features: 2012 - $249,700 Outbuildings: $ 3,400 $ 3,400 2011 -$254,900 Land Value: $ 109,000 $ 109,000 2010- $254,800 2009 -$286,900 2008 - $ 319,000 2014 Totals $263,900 $263,900 2007 - $ 318,100 Residential Exemption Received=$86,566 . Tax Information 2014-Map/Block/Lot 192/060/.-Use Code: 1010 Taxes C.O.M.M.FD Tax _ $ 398.49 (Residential) Community Preservation Act $48.52 Tax Town Tax(Residential) ,$1,617.29 Fiscal Year 2014 TAX RATES HERE 064.30 Fh . Sales History-Map/Block/Lot: 192/060/ Use Code: 1010 History: Owner: Sale Date Book/Page: Sale Price: CHRISTENSEN,DONNA L&DANIEL E 4/21/2006 20930/183 $333000 http://www.townofbamstable.us/Assessing/Priiiil4.asp?ap=0&searchparcel=l92060 2/5/2014 Mass. Corporations, external master page Page 1 of 2 az 17 � � b Corporations Division Business Entity Summary ID Number: 001127132 Request certificate I New search Summary for: MCH BUILDING, LLC The exact name of the Domestic Limited Liability Company (LLC): MCH BUILDING, LLC Entity type: Domestic Limited Liability Company (LLC) Identification Number: 001127132 Old ID Number: Date of Organization in Massachusetts: 01-29-2014 Last date certain: The location,or address where the records are maintained (A PO box is not a valid location or address): Address: City or town, State, Zip code, Country: The name and address of the Resident Agent: Name: JUSTIN B. HUDOCK Address: 9 APPALOOSA WAY City or town, State, Zip code, MARSTONS MILLS, MA 02648 USA Country: The name and business address of each Manager: Title Individual name Address MANAGER JUSTIN B. HUDOCK 9 APPALOOSA WAY MARSTONS MILLS, MA 02648 USA In addition to the manager(s), the name and business address of the person(s) authorized to execute documents to be filed with the Corporations Division: Title Individual name Address SOC SIGNATORY JUSTIN B. HUDOCK 9 APPALOOSA WAY MARSTONS MILLS, MA 02648 USA The name and business address of the person(s) authorized to execute, acknowledge, deliver, and record any recordable instrument purporting to affect an interest in real property: Title Individual name Address http://corp.sec.state.ma.us/CorpWeb/CorpSearch/CorpSummary.aspx?FEIN=001127132&... 4/24/2014 Print Page Page 2 of 3 LINDBERG, DANIEL J&LINDA A ..8/25/2003 17520/035 $1 LINDBERG,LINDA A 2/21/1996 10064/064 $100 LINDBERG, DANIEL J&LINDA 11/27/1984 4331/1.54 $14000 BROPHY, JOHN J&M LOIS 9/29/1972 1729/204 $0 . Photos 192 /060/-Use Code: 1010 c . Sketches-Map/Block/Lot: 192 /060/-Use Code: 1010 s� 1 i:. nA ' B As Built Cards:Click card#to view: Card #1 . Constructions Details-MapBlock/Lot: 192/060/-Use Code: 1010 Building Details Land Building value $ 118,200 Bedrooms 3 Bedrooms USE CODE 1010 Replacement Cost $125,771 Bathrooms 2 Full Lot Size(Acres) 0.46 Model Residential Total Rooms 7 Rooms Appraised Value $ 109, Style Ranch Heat Fuel Gas Assessed Value $ 109 Grade Average Heat Type Hot Air Year Built 1985' AC Type Central Effective depreciation 6 Interior Floors Hardwood Stories 1 Story Interior Walls Drywall Living Area sq/ft 1,442 Exterior Wails Wood Shingle Gross Area sq/ft 2,971 Roof Structure Gable/Hip htt ://www.townofbamstable.us/Assessin / rintl4.as .a 0&search arcel 192060 2/5/2014 P _ gP P P .- P a � r lt STANDARD FORM PURCHASE AND SALE AGREEMENT From the Office of: Freeman Law Group LLC 86 Willow Street—Unit 6 Yarmouthport,MA 02675 (508)362-4700 Fax: (508)362-4701 This day of December,2013 1. PARTIES Jeffrey W. Oppenheim,Esquire,c/o Oppenheim and Nickerson,LLP, 156 Locust Street,Falmouth, AND MAILING Massachusetts 02540,Administrator of the Estate of David Goldman(Barnstable Probate Court Docket ADDRESSES No.BAlOP0337EA)and pursuant to a License to Sell issued by the Barnstable Probate and Family Court hereinafter called SELLER,agrees to SELL and Justin Hudock of 9 Appalossa Way,Marstons Mills,MA 02648,hereinafter called the BUYER OR PURCHASER,agrees to BUY,upon the terms hereinafter set forth,the following described premises: 2. DESCRIPTION The vacant parcel of land in Barnstable(Centerville),Barnstable County,Massachusetts being shown as (include title LOT 9 on a plan of land recorded at Barnstable County Registry of Deeds in Plan Book 326,Page 27,with reference) a street address of 26 High Noon Road,Centerville,MA. For title reference see deeds recorded at said Registy in Book 4433 Page 86 and Book 4433 Page 87. See also Probate of Joanne Goldman(Barnstable Docket No.BA09P0105EA. 3. BUILDINGS, ineladed in the sale as a pai4 ef said pfeffli ses afe the buildings,stfuetufes. and ifflpfevements new STRUCTURES, thefeen,and the fixtures belenging to the SELLER and used in eeftneetien thefewith ineluding, if IMPROVEMENTS, , FIXTURESequipment, (fill in or delete) ,hetwater-heaters,plumbing and bathreeffl firatifes,garbage disposers,eleetfie and ev4er-lighting fixtufes,fflantels, outside televisi is! 4. TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER,or to the nominee designated by the BUYER by written notice to the SELLER at least seven days *Include here by before the deed is to be delivered as herein provided. and said deed shall convey a good and clear specific references any record,insurable and marketable title thereto,free from encumbrances,except restrictions, easements, (a)Provisions of existing building and zoning laws; rights and obligations in (b)Existing rights and obligations in party walls which are not the subject of written agreement; party walls not included (c)Such taxes for the then current year as are not due and payable on the date of the delivery of in(b), leases, municipal such deed: and other liens, other (d)Any liens or municipal betterments assessed after the date of this agreement,as well as such liens or encumbrances, and make municipal betterments assessed prior to the date of this agreement as long as the municipality is obligated provision to protect to accept pro rata annual(or more frequent)payments in the same amount as are being presently paid; SELLER against (e)Easements,restrictions and reservations of record,if any,so long as the same do not prohibit BUYER's breach of or materially interfere with the intended use of the premises for single family residential purposes(with SELLER's covenants in at least three(3)bedrooms). 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 80,000.00, paid as follows: $ 1,000.00 Binder Check with Offer $ 3,000.00 have been paid as a deposit this day $ 76,000.00 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),or attorney's IIOLTA check. $ 80,000.00 TOTAL 8. TIME FOR Such deed is to be delivered by SELLER at 12:00 p.m. at the Barnstable County Registry of Deeds on the PERFORMANCE; date set forth in Rider A hereto.;.:less ethefwise agreed upen in writing. it: agfeed that time; of the DELIVERY OF ""o^^^of this agfeefn ^« Closing date may be extended as provided in Rider A hereto. DEED 9. POSSESSION AND Full possession of said premises free of all tenants and occupants, is to be delivered at the time of the CONDITION OF delivery of the deed, said premises to be then(a)in the same condition as they now are,reasonable use and. PREMISE wear thereof excepted,and(b)not in violation of said building and zoning laws,and(c)in compliance (attach a list of with provisions or any instrument referred to in clause 4 hereof.The BUYER shall be entitled personally to exceptions,if any) 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 pre- PERFECT TITLE mises,all as herein stipulated, or if at the time of the delivery of the deed the premises do not conform OR MAKE with the provisions hereof,then Seller shall use reasonable efforts to remove any defects in title,or to PREMISES deliver possession,as provided herein,or to make the said premises conform to the provisions hereof,as CONFORM the case may be,in which event the time for performance hereof shall be extended for a period of thirty (change period of days,but in no event shall Seller be obligated to spend more than Two thousand five hundred($2,500.00) time if desired). Dollars pursuant hereto. 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 line 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. 13. ACCEPTANCE OF The acceptance of a deed by the BUYER or his nominee as the case may be,shall be deemed to be a DEED full 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 or 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 within a reasonable time thereafter,in accordance with customary conveyancing practices. 15. INSURANCE Until the delivery of the deed,the SELLER shall maintain insurance on said premises as follows: (Insert amount(list Type of Insurance Amount of Coverage additional types of insurance and (a)Fire and Extended Coverage $AS CURRENTLY INSURED amounts as agreed) (b) $ (c) 16. ADJUSTMENTS Taxes for the then current fiscal year shall be apportioned as of the day of performance of this agreement (list operating and the net amount thereof shall be added to or deducted from,as the case may be,the purchase price expenses, if any, or payable by the BUYER at the time of delivery.of the deed. attach schedule) 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 or 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. BROKER's FEE A Broker's fee for professional services of$ is due from the SELLER to be split 50/50 Kinlin Grover and Strawberry Hill Real Estate,but,only if,as and when title passes,the deed is recorded,and not otherwise. 19. BROKER(S) The Broker(s)named herein Kinlin Grover and Strawberry Hill Real Estate warrant(s)that the Broker(s) WARRANTY is(are)duly licensed as such by the Commonwealth of Massachusetts. 20. DEPOSIT All deposits made hereunder shall be held in escrow Kinlin Grover.,as escrow agent subject to the terms of this agreement and shall be duly accounted for at the time for performance of this agreement. In the event or any disagreement between the parties,the escrow agent shall retain all deposits made under this agreement pending instructions mutually given by the SELLER and the BUYER,or by a Court of competent jurisdiction. 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 said deposit so retained shall be DAMAGES SELLER's sole and exclusive remedy both at law an in equity. The parties acknowledge the difficulty of ascertaining exact damages in the event of a default and agree that the terms herein for liquated damages are reasonable and fair to both parties. 22. RELEASE BY The SELLER's spouse, if any,hereby agrees to join in said deed and to release and convey all statutory HUSBAND OR and other rights and interests in said premises. WIFE 23. BROKER AS The Broker(s)named herein join(s)in this agreement and become(s)a party hereto, insofar as any provi- PARTY sions or 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. 24. LIABILITY'OF If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, Y 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. 25. WARRANTIES AND The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor REPRESENTATIONS has he relied upon any warranties or representations not set forth or incorporated in this agreement or if none,state "none"; previously made in writing,except the following additional warranties and representations. if any,made if any listed, indicate by either the SELLER or the Broker(s): NONE-property is being sold as is(except as may be provided by whom each in Rider A hereto). warranty or representation was made 26. MORTGAGE NONE CONTINGENCY CLAUSE (omit if not provided for in Offer to - Purchase) 27. CONSTRUCTION This instrument.executed in multiple counterparts,is to be construed as a Massachusetts contract,is to 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, devisees,executors,administrators, successors and assigns,and may be cancelled,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 or convenience and are not to be considered a part of this agreement or to be used in determining the intent or the parties to it. 28. SMOKE ,deliver-a eei4ifieate ffem the fife department DETECTORS ef the eity or-town in whieh said pfemises afe leeated swing that said premises have beeft equipped with appfeved smoke deteeter-s in eenfeffnity with applicable law-. 29. CARBON , MONOXIDE depaAmefft of the eity ef town in whieh the premises afe located,either-in additional to of ineefper-a4ed DETECTORS into the eeffifioate deser-ibed above,stating that he pfefaises have been equipped with eafben fnenexide deteetefs.in eomphaftee with M.G.L. e. 14, Seetieft 26FI/2 or-that the Premises afe ether-wise exefnpted the ci +.,+„to 30. ADDITIONAL The initialed riders,if any,attached hereto,are incorporated herein by reference. PROVISIONS SEE RIDER A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. FOR RESIDENTIAL PROPERTY CONSTRUCTED PRIOR TO 1978,BUYER MUST ALSO HAVE SIGNED LEAD PAINT "PROPERTY TRANSFER NOTIFICATION CERTIFICATION" NOTICE"'This is a legal document that creates binding obligations.If not'understood,consult an attorney; Buyer: Seller: a Estate of David Goldman s ' udock By: Jeffrey W.Oppenheim,Administrator Agent: Agent: Strawberry Hill Real Estate Kinlin Grover By: By EXTENSION OF TIME FOR PERFORMANCE Date: The time for the performance of the foregoing agreement is extended until ,200_,time still being of the essence of this agreement as extended. In all other respects,this agreement is hereby ratified and confirmed. This extension,executed in multiple counterparts, is intended to take effect as a sealed instrument. Buyers Sellers SEE RIDER"A"CONTINUED ON NEXT PAGE RIDER A Purchase and Sale Agreement Estate of David Goldman Sellers Justin Hudock,Buyer 26 High Noon Drive,Centerville,MA 026332 A. Fiduciary Contingency. , SELLER is executing this Agreement in a Fiduciary capacity, as defined under Massachusetts Law, and BUYER acknowledges that since SELLER is under a Fiduciary obligation to accept terms most advantageous to the SELLER, whether price or otherwise, for the property to be conveyed, SELLER shall not be obligated to consummate the sale to BUYER if, at any time prior to the transfer of the title, SELLER shall receive an offer to purchase the property to be conveyed on terms more advantageous to the SELLER. If SELLER receives such an offer, SELLER shall allow BUYER to exceed said offer by a minimum of$2,00000 within 48 hours of receipt of such notice. If BUYER elects to purchase the property to be conveyed on the more favorable terms, all other terms and conditions of this Agreement shall remain in full force and effect. SELLER will convey the premises by a Fiduciary's Deed, namely as Administrator of the Estate of David Goldman, and not personally. . If BUYER does not elect to purchase the property at the higher price, then all payments by BUYER shall forthwith be refunded and all other obligations of the parties hereto.shall cease and this . Agreement shall be null and void and without recourse to the parties hereof. Seller agrees to eliminate this provision from the Purchase and Sale Agreement provided Seller is able to obtain the written assent to this Agreement from all of the heirs to this estate. B. BUYER and SELLER agree to engage Attorney Phil Boudreau.to represent SELLER's interest in an application for a variance, if a variance is required by the Town of Barnstable, and BUYER agrees to pay the legal fees for same and filing-fees for such variance. The variance shall be applied for promptly by the SELLER in accordance with Addendum B hereto: C. This Purchase and Sale Agreement is contingent on the Buyer obtaining, at his sole cost and expense, the necessary governmental permits and approvals for construction of a three (3) bedroom single family residential dwelling with a standard Title 5 septic system on the premises ("the house"), as follows: Buyer shall arrange for a percolation test to be witnessed by the Town of Barnstable Board of Health Agent as required by Title 5 on the premises on or before January 13, 2014, subject to weather and scheduling by said Health Agent. Within five (5)business days of approval of the results of the percolation test by the Barnstable Health Agent, the Buyer shall also file a Disposal Works Construction Permit application for the house with the Town of Barnstable Board of Health under Title5 and file a building permit application for the house with the Town of Barnstable Building Department(which must include the results of the percolation test and the fully designed septic system)., Upon obtaining the Building Permit and Disposal Works Construction Permit and any and all other governmental permits and approvals needed to construct the house, with all appeal periods having expired with no appeals being filed, the Buyer shall so notify the Seller and the closing shall take place in or within seven(7) days thereafter, but not later than February 28, 2014. If the Building Permit and Disposal Works Construction Permit and any and all other governmental permits and approvals needed to construct the house are not obtained on or before February 7, 2014 with all appeals periods r having expired with no appeals being filed, then the closing date shall be extended to on or before March 21, 2014; but in the event the Building Permit and Disposal Works Construction Permit and any and all other governmental permits and approvals needed to construct the house are not obtained by March 1, 2014, with all appeals periods having expired with no appeals being filed,then this agreement shall terminate, all deposits paid to Seller shall be returned to Buyer, and this agreement shall be null and void and of no further recourse between the parties. If the Building Permit application is denied based on a determination that the'premises constitute an undersized lot that is not grandfathered under the Town of Barnstable Zoning Ordinance, then within five (5) business days of the receipt of such written denial the Buyer shall file a Petition for a Variance or Variances from the Town of Barnstable Zoning Ordinance with the Barnstable Zoning Board of Appeals in order to make the premises a buildable lot. If such Variance or Variances are granted, and the appeals period has expired with no appeals being filed, on or before March 24, 2014,then Buyer shall resubmit his applications for a Building Permit and a Disposal Works Construction Permit within five (5)business days of the expiration of such appeals period. If both such Permits are not issued within thirty (30) days thereafter, then Buyer may extend the time to obtain them for another ten (10) days. Upon obtaining the Building Permit and Disposal Works Construction Permit and any and all other governmental permits and approvals needed to construct the house, with all appeals periods having expired with no appeals being filed, the Buyer shall so notify the Seller and the closing shall take place in or within seven (7) days thereafter, but no later than April 30, 2014. If such Variance or Variances are denied and/or the Building Permit, Disposal Works Construction Permit, and any and all other governmental permits and approvals needed to construct the house are not obtained on or before April 30, 2014 with all appeals periods having expired with no appeals being filed, then this agreement shall terminate, all deposits paid to Seller shall be returned to Buyer, and this agreement shall be null and void and of no further recourse between the parties. D. Seller warrants and represents to Buyer that Seller is presently in possession of the premises, as owner, there are no contractual obligations which would in any manner prevent the Seller from freely selling the premises and otherwise complying with the terms of this Agreement. E. Except as agreed to hereunder, any matter or practice arising under or relating to this Agreement which is the subject of a Title Standard or Practice Standard of the Real Estate Bar Association for Massachusetts (formerly known as the Massachusetts Conveyancers' Association) at the time for delivery of the Deed hereunder shall be covered by said Title Standard or Practice Standard to the extent possible. F. At closing, Seller shall execute and deliver to Buyer's title insurance company all necessary documents and affidavits for insuring said interests herein and shall execute each other documents as may be reasonably required by counsel for Buyer, and Seller further agrees to authorize Seller's attorney, to execute at the closing, on Seller's behalf,all such necessary documents required by the Buyer's counsel, and further to sign on Seller's behalf any extensions of time for the closing date, and further authorizes both Seller's and Buyer's attorney to obtain information on Seller's mortgage, if any, including pay-off figures, from Sellers' mortgage lending institution. The Deed shall be executed by Seller personally and not under a Power of Attorney. G. The memorandum executed by the parties hereto entitled"Contract to Purchase" is hereby superseded and shall have no further force and effect. H. 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 do business in the Commonwealth of Massachusetts, without exception for any matters not expressly permitted hereunder, other than the conditions and stipulations of that form, and the exclusions from coverage which are part of that form. Specifically, without limitation, Seller shall execute and deliver an Affidavit in form sufficient to enable the title insurance company to delete its standard exception for mechanic's or materialmen's liens. I. Unless otherwise specified herein, any notice to be given hereunder shall be in writing and signed by the party or the party's attorney and shall be deemed to have been given(a) when delivered by hand, or(b) when mailed by registered or certified mail, all charges prepaid; or(c)when sent by telefax during normal business hours to: Seller: With a copy to: Estate of David Goldman Jeffrey W. Oppenheim, Esquire c/o Jeffrey W. Oppenheim Oppenheim&Nickerson, LLP Administrator 156 Locust Street Falmouth, MA 02540 Buyer: With a copy to: Justin Hudock Peter L: Freeman, Esquire 9 Appaloosa Way Freeman Law Group LLC Marstons Mills, MA 02648 86 Willow Street.—Unit 6 Yarmouthport, MA 02675 Tel: (508) 362-4700 Fax: (508) 362-4701 J. Seller shall be required to execute and produce any and all documents reasonably requested by Buyer's attorney to consummate the conveyance of said premises including, but not limited to, HUD-1 Settlement Statement, Mechanics Lien Affidavit, Deed, 1099, and Certificate of Non Foreign Status. K. The premises shall not be in conformity with the title provisions set forth in the Agreement unless the title to the premises is insurable at ordinary rates for the benefit of the Buyer in a fee-owner's policy in the. form customarily used in the Barnstable County area subject only to the standard printed exceptions and those exceptions set forth herein. L. Without limiting the requirement that the Seller convey a good and clear record and marketable title as set forth in this Agreement, title to the premises shall not be deemed to conform with the requirements thereof unless: i. Said Premises has: a. no structure of any kind which encroach upon or beneath adjacent properties; b. no structure of any kind on abutting properties which encroach upon or beneath the premises; C. the premises does not violate the zoning ordinances of the town in which the property is located or Massachusetts General Laws Chapter 40A. ii. vehicular and pedestrian access to a public way. A M. If the terms,provisions, and conditions set forth in this Rider conflict with the language set forth in the body of the Purchase and Sale Agreement, then the language set forth in this Rider shall govern. i If the foregoing are not satisfied, then the Buyer shall have the right to terminate this Agreement by giving written notice to the Seller whereupon all deposits made under this Agreement shall be forthwith refunded and this Agreement shall be null and void without recourse to the parties hereto. Failure to give timely written notice shall constitute a waiver. N. FACSIMILE SIGNATURES: For purposes of this Agreement, facsimile or electronic signatures shall be construed as original, except as to the Deed and the Closing documents. Executed this_day of December, 2013 Seller: Estate of David Goldman By: Jeffrey W. Oppenheim, Esquire Buyer: udock Agent: Strawberry Hill Real Estate By: ; Agent Kinlin Grover By: Nov 27 13 11;54a Justin Huclock 5084191185 p.2 i • 3 IMLXN QROVSXt nBAL WrATO t, collttradl to PUYChass QfOtol&4"%t'ho++es e4 t SaleaAgankA,v� A�eu,nl�Phona�ad J,AgroamontJFco ariy 1 ,Ynrllul�tr+aaok�BU g WOsto;»soitetb (8 trOAtiP,91d#aatDnYt+tttolclmau dafnoylY.Otsp kkdfu►A+161lnirteatoY . !+'6tP a vttt poly(IttaAROPURTYJlofffllnerttlln allklqummarb.11Boy, aalati812mt► Apt Y,Gtik�otvllltbta0tda�, E l oodolar6k ntkdaa+imoco�dodaftho4n>n+taLt t_e Rt tryoft7aedo,0aaiitl d�33 vAdpe#I9# OR t ' 1 I 11 raaaptaiVB�lah a rUllhet0rlrtofshri'a� , teUtmQtttrtro��l�naoeadtow,ahoaur,tt�y lrntiet�rkullb►lits, - �� t 0lla�tl�opa�twl9bopaltl�yeottl8odattoak�tbankdroftotkartsOtomot�x. AOl�ta byO000doltaokarbankdrokW1bopofat►(Wof44,10terof zoo IAUtoamoh Q, 11411ppi19 Alt A0p011to@p01bo,damiNdIAtboblogoebostravflaoualabbidi40tddeAtNQQ,4u�40 tottt�I0n§4tbtts4an1Aandebal a , &dCiAJE1ta01a1dttEt9•VALGtAAr1k aiforM6n04t� t. ftl06ECaptA tCO,pRD3Qt�{+lriQaTyyttoQOAAllat10t8d9pW,l�frarlSl119REIYR lsytheret8ea1aielra'terafkE notUbdaamarf(peons�tulAaexai►ie po�eno"drarpropoaaddgraokmn tho8 it iD:110..1h pansk[u1�rY�at4stol'enydOhtab�titoBtilL� tnittgaYaainlad#go r�o tnntua alntagoAtNotAanlSO>lt�iJo��3.tt+a�,vrolreif IOt0L+t1►4t7 ManpO,E01 tdslruotlm% tt twoai�tOlmaby�u8 lt,UR 0AdUfoAUYts elpaddod.hdk�YartAattlEabrokot may,lA(to l4difA Da, 714000 al#ofnVjQatntlnoneatteaetintakpfas Nit ARardadua1*111a•faeaolilroodv vohpr4oaa,+, •pR0 1-0odOAattllA ilis�9tip0?l1ia�VAlf1 }$OtlRrootdih610t onllla#r1a$ofalrallbodfoopalgotltNA11l�DblE�9ttarta46nrgraWO�enl, A,tlondlllatka Of Ayoaplot caDVm7?r o'�' cs101 Yh{a caoOMI at TUtotof3UY Rp@�y 4tIN04Go'L8att4Pp•U� naAoFU@foNlhoACOIW t? {�thlC�an�aOtto PurOha8o:sbdtb3t�Vtnik�Aon llti rtBa�St�t.1.VR3dafato�martaOttta t14C da8h04,pYQfUtIsQOnln4itaPurc€rgsb M6rllaf4ratba6 fA4(ADA� rlhlapfoposaclaoAUgft[ntnuohaa9khhhaaa� 0t;0(+t�ofadoate3A0tccloridallDapntllsshallba tOtumsd t40tlYttRBtorthl�tir, b.PlaahcQa antiapla�pt0QTA0nt �YttR(�aAd�4t_t,�ltt3a0rd©IhntlhOyWiloX9auloihdgrokar8tan�srdPUrtlt>tspandr�ele}E�resntentarauWtofiBeUyaa�astat+l � . #txtittoll�thatomina4rll�lartln1h19Co EZot�t4�ieso�si�tattt'��logoqud$$bAfltodrkten181te114sE61Redbyl�a>ht�arCsa asrarboSolod�an f3axaYAbet'�r�i8,�c t^nbr�r �� a-fJ t,3 Q trte 4ptlOil�ariilnitart(�}r btflitl��rtlay4ailholrr�tak�0es9 tea �arp►tninaata8 urea , angeaadtntxa u=1nB otoaD a0t1 t taspooltorl Grtbrb9 Bgro, omaly eerew as tppV1'dlt6ln 8'aal ftOainY terhty�10 t?a Ya0�14Aur +abab9 i� lant�tao o��� othaWlo p� l>acern�i_s-F80,�41 itorsupan • ��OCalttraaI xtElaatkaltita o , D0p4eilae olluam Ia�UYul d-T'arn o>�a�casy seas 1.i,U17 a oso,tbYtueta�rpi+malywr .tlogaobtivrralA gROh rlsll[uloati�o urbY Hiso�pielr+tA�1'io onrtaate uadat� tistd �• Y. 111mahra 00 llhtYorld Yhle nlmpot hAar+?a A tot!A0Ob W4co it rt ita[ "Clnpt o enpa a pNA 5►i btWAlpWaU,rr t�po0 no] 11n1114a aWt ptol 1 e[ad,te nn 4m t>,tl. too , ti8'�1 erilartojl4'aaa WHI toAl taraath a0nnollsn0isloR! nn gl0rRt3 11pro v ratlaiojlona a 4atrrd CaA#raai(o#'tx 1 trAtterk t48t;lt t301ttVot ! aeagOnifa lit pclorla�t6d14ah ofthfRcanUnB vrkoTollAOr)t}gY �hd11 atl TatUatttd{at3 f El olhorc 117 `Ut8 1v&8811 an�W OM 4l I�tucrinaa b0 guttoo4q�ttaad�it orpatly.�iLtYypRBa�llotb0 3lU641tpiy��}uUe tganle[lat a t�neEah n , a��t1R ebbmlll4Agv fiaBionQaTOalfnlotoldaMpAPI 0+faontatlninplo In it fl outs kbktpl}lgfOtgt; t tb¢ok+r�i a AA)O GAS r-wtvtt s' Ufa A9 9¢ 10 R 114-1 4 rbntraat to titohato?,2D 1 1C1p16ft�rcvrrcltea#tyt3r0up.bbL` Or�glkte�?.talhkgllcol�ar Copy»latty4t oily»kollar Copy-$4tlt 1gitfnkae l 1 l E t l Nov 27 13 11:65a Justin Hudock vE?84'M85 p.3 0.4100AtI i n A !►dood MY eppaclo dck�rte�t�nndm►r;ka[ab]al��eh�4@dolNarodUybditRRB nllfao ��Propd�teRsy' elvoo�s,unta�cavmedAprUnyPl�Pfida��tvtu9hya�ta�luy4@IA+�I P1'#��'Doe• ; fit otoll �iMdi$ �N88�Nb$�,�&'iC�hlpJtaVl�rpitA Qr71i)$Ci�!lT�AtyYi � ' 6>;oolal provteto+lo � r See'-- A C V r t che bptr'-d I k Aol wM0 Dot 0914 IfHllflnuA,�6eo► Q�1 rgd4 eDoEt►Uari Ao(th9A ok61�(6 VA tthall Ye�pn0QKtSA oiR�nPtOPO 4�fRt+RP i ' itetprii���tt�i� Al{ jDin,gu �aaabYAec@ro EOEhanollttppollhaRoa><�'+� 1. enloft'DWsaH F7o�ar�7r�We1' I Halh'Joallar�rop o oa+IPeDtt ¢tWopdt�o u� �arnq AP undafoUaiolls�?FendlAoyytstlherar,�navolha iha Yob�n• : VetbA n4Drtoae! 6 i@ZkA4MQol�JtuR'dlultrhldaaltu tEP9p;AV[�Ip►�ahl LoA6!IIl A17 IlR4 Anion Z. 8661 a8in1tlill�}k9 s rnb]tb>totapteeenlell�one,wgxoeaor Iod,rc�Cu01oH A�emfoolto kaop MA'fodh n getttla81�d�4a1lh��r_�t6ehErry ode'rlba(ntpdantonreg6tdtn0Usi p�aAe 'a�IdsraItodU�9t�ca�tsuyuf'avaSlatQan�l►�i , o�nli a8 a o1 �9 okAt Ma P o 4ond�o�1,_aathvjm iodtu� d;[a5@ � �lauohinlormkVonlaacourela, Itu4$$1ld�Ae@PI 10a4dAft an4W n pnTi4l apr�pu�ty laagleRk+K�rfingiYvAlhllo MellrHOSIRE thayi►Amelvl aquaparwlehao�8atler �atbMai�f lP CoAnF7onEomt I rolo�qup�ollorfi+AplsEo CoriBuMera tliS9 o%etaTM rS ll►atlo�o a�gt nl rrt�sWnoulhetirrAlrt Iu�VaUPsl eU;tlfnTortpClVOtil�d�41lri[t9(In�tG}��tf<q}FtttA►>geBlUd!optsdoRillti�►gn� . WOO o�QOte4lhayTtsv ttoiralloavpoevri [ti I�oAoT d t4>�tdailofio,4�apteo�btor I��xf�r�or[dlts€{�Iipti�a� i atrutionoivtatra aeoi;dEaproaDnldiOne,ltAn M6b6U 0) of FGI.a or8ral'al(# 11u 0100 a a its 10►q iAxador ti�)IQ'artrnplUraoil Itd�tiobtssrant a11�1 IsnYatha aama niida�09�larlvory ol;rt asi�rro d nrlght�, s h ��a �4dwrJaolnnapkiepal, �ni�olollnp;t a� oPtti0.14iQ[ioithlk s !i►9b11AC Otiktt��GY►j0. i ' Agroonloat dadlnroiiiodbasto�lpl�`111aA�tb6m4ri!-@ntlsd4pY�th4�i0n 01ofy11aa7lr4Cr oansuatotl;a ailonabllx014oJau�w , ` t �1�ltntd��Wa ► % // 2 7ApSUyaYbyUhQl�rn ' i AAta uyyr laltlto a "Pilaf TOR stRalum A!4 ��1.1�12rAdC�ipYlUrGt3�p�11t�iYlON► 17� iRG,_,...;ttotlr,,,,,,.,.,.._.J��f� • el er•�I�11�ktN Into 4r U1lA ut4 � pPio �� i • i C�eltoblloi'urdhl�y�2013 _ ; ltruenclNQorRaAyUioUp,�t:G �RrpBlnel,4ssttngtltQkEr'Co1+y�1�ltyur�FY^ slier Copy—UjjW maker I t I Nov 27 13 11:55a Justin Hudock 5084191185 p.4 DE QFFBR 10 DISC E itLAL EST¢,M 7 y i SELLER; Jefty W,Oppezthelm AdmWstrator of the Mate of David Goldman BUYER; Justin Hudook i PROPERTY: 26 HighNoon DAve,Centorvlllc,MA 02632 � F i Al,Elduolffy ContinM�y� SELLER is oxcouting this Agreement in a Flduciuy capacity, as defined under Massachusetts Law,and BUYER ac-WvAedges that since SEI,LM is under a Fiduoiary obligation to accept terms most advantageous to the SELLER,wiiethor price or othervriso,for tho property to be conveyed,SELLER shall not be obligated to convw mato the sate to BUYER if, at any tlme prior to the transfor of the title, SELLM shall receive an offer to purchase the property to be conveyed on terms more advantageous to Cite SELLER, If SELLER receives such an offer, SELLER shall allow BUYER to exceed said offer by a minimum of S2,000.00 within 48 hours of receipt of such notice. If BUYER elects to purchase the property to be conveyed on the more favorable terms, all other terms and conditlons of this Agreement shall remain in Ml force and offvet. SELLER will convey the promises by a Fiduclary's Deed,namely as Admillietrator of the Estate of David Goldman,and not personally. If BUM does not elect to purohaso the property at the higher price, then all payments by BUYER shall forthwith be refunded and all other obligations of the parties hereto shall com and this Agreament shall bo null and-told andwithout recourse to tine parties hereof Seller agrees to eliminate ihis•provision firm the Purchase and Sale Agmement provided Seller Is able to obtain the vAitten assent to this Agre$mont fi+om all of the,heirs to this ostate. A2. BUYER and SELLER agree to engage Attortrey Phil Boudreau to represent SELL Ws interest In an application for a variance,if a variance is xedtuired by tho:fown of Barnstable,and BUYER agrees to pay the legal fees for same and filing fees for suchvaotanee. lbe variance shall be applied for promptly by the SELLER in accordance with Addendum B hereto, # A3,Addl6ona1provis1on9. NONE WITNESS my hand and-seal-ft ilk day ofl\lovomber,2013, Juslln Hudock Sollor; Oppenha . A.dm tie a thsEstafe o � .. 3 David Coldman Ottt;r lc Pntetsue ° . .. .. x ?not i 4 •1 i Nov 27 13 11:56a Justin Hudock 508419/185 p.5 l DE 'DUMB TO OF&R To PURCHASE REAL EsTATB This Ofi'er is cot11'strgetrk on theBuyer obtaining,atnissale cost and expense,the necessary I governmental permits and approvals for construction of a three(3)bedroom single family i residential dwelling with a standard Title S septic systoin on the premises CI the house!),as follows: Buyer shaU arrange for a percolation test to be wltnossed by the Town of Barnstable Board of Health Agent as required by Title 5 on the premises Ott or before January 13,2014,subject to weather and scheduling by said Health Agent. Within ftve(5)business days of approval ofthe xesuits of the percolation test by the Batzstabie Health Agent,the Buyer shall also file a Disposal Works Construotion Permit applioation for the house with the Town of Barnstablo Board of Health under Title 5 and file a building permit application for tho house with the Town of Barnstable Building Departtnent(which must inolude the tosults of the percolation test and the filly designed septic system). Upon obtaining the Building Permit and Disposal Works Construct ion Pounit and any and all other govertrmental permits and approvals needed to construct the house,with on appeal periods having expired with no appealsbeing filed,the Buyer shall so notify tyre Seiler and the closing shall take place in or wltbin seven(7)days thereafter,but not later than February 28,2014, If the Building I'erurit and Disposal Works Construction Permit and arty and all other governmental perinits and approvals needed to consuuet the house are not obtained on or before February 7,2014 with all appeals periods having expired with no appeals being filed,then the closing date shad be extended to on or before March 21,2014, but in the evens the Building Pemit and Disposal Works Constructtion Permit and any and all outer governmental Permits and approvals needed to constiuct the house are not obtained by Maroh 1,2014,wltb ail appeals periods having expired Nvith no appeals being filed,then this agreement shall terminate,all deposits paid to Boller shall be returned to Buyer, and this agreement shall be null and Vold and of no further recourse between the parties, if the Building Pent application is denied based on a determinative/that the premises constitute attwidmized lot that is not grandfatherod under the Town of Barnstable Zoning Otdlnanco,then within five(S)business days of the receipt of such written denial the Buyer shall file a Petzllon for a Variance or Variances from the Town of Barnstable zoning Ordinance wlththe Barnstablo Zoning Board of Appeals lit order to make the promises a bulldable IOL Xfsuoli Variance or i Variances are granted,and the appeals period has expired with no appeals being filed,on or before March 24,2014,then Buyer shall resubmit lrls appiioatiolas for a Building Permit and a Disposal Works Construction Pean1t within five(5)business days of the expiration of such appealsperlod. Ifboth such Permits are not issued within thirty(30)days thereafter,then Buyer may extend the lime to obtain thorn for another ten(10)days. 'Upon obtaining the Building Pemrit and Disposal Works Constmotloa Pormit and aay and all other governmental permits and approvals deeded to construct the house,with all appeals periods having expired with no appeals Wing filed, the Buyer stroll so notify the Seller and the closing sbatl take place in or within seven(7)days thereafter,but no later than Apri130,2014. If suoh Variance or Variances are denied and/or the Building Permit,Disposal Works Construction Permit,and any and all other i i Nov 27 13 11:56a Justin Hudook 6084191185 p.6 govolwnantal pormlfs and approvals needed to Construct the house tine not obtained on or Wore April 30,2014 with all appeals periods having expired with no appeals being filed,than this agreement oball torminnto,all deposits paid to Sailer shall be returned to Buyer,and this agreement shall be null and void and of no hLihor meourso between the purtlos, s �Ooj a Icy Mel , 4 i Libel The Ohio Casualty Insurance Company MUtUil. 62 Maple Avenue, Keene, New Hampshire 03431 SURETY BOND Bond#601074466 KNOW ALL MEN BY THESE PRESENTS:That we MCH Building, LLC 9 Appaloosa Way Marstons Mills MA 02632 Street Address City State ZIP Code (Full Name[top line]and Address[bottom line]of Principal) (hereinafter called the Principal)as Principal, and, The Ohio Casualty Insurance Company with principal offices at Keene,New Hampshire(hereinafter called the Surety)as Surety,are held and firmly bound unto Town of Barnstable, Building Department 200 Main Street Hyannis MA 02601 Street Address City State ZIP Code (Full Name[top line]and Address[bottom line]of Obligee) (hereinafter called the Obligee),in the penal sum of Eight Hundred Eighty xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx (Dollars)$ 880.00 for the payment of which well and truly to made, we do hereby bind ourselves, our heirs. executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has made or is about to make application to the Obligee for a Permit for General Contracting at: 26 High Noon Drive, Centerville, MA 02632 for a term beginning on April 7, 2014 and ending on*April 7, 2015 (*strike out if license or permit is for an indefinite term) NOW, THEREFORE, if the Principal shall indemnify the Obligee against any loss directly arising by reason of failure of said Principal to comply with the laws or ordinances under which said license or permit is granted, or any lawful rules or regulations pertaining thereto,then this obligation shall be void;otherwise to remain in full force and effect. PROVIDED,HOWEVER,AND UPON THE FOLLOWING EXPRESS CONDITIONS: 1. This bond shall be and remain in full force during the term of said license or permit unless canceled in accordance with paragraph 2 below;but if said license or permit was issued for a specific term,and is renewed for one or more specific terms,this bond will be extended to cover such additional term(s)upon the execution by the Surety of a Continuation Certificate, provided such certificate is acceptable to the Obligee. In no event , however, shall the liability of the Surety be cumulative from year to year or from period to period,nor exceed the penal sum written in this first paragraph of this bond. 2. The Surety shall have the right to terminate its liability by notifying the Obligee in writing ten (10) days in advance of its intention to do so. SIGNED,SEALED AND DATED April 7, 2014 MCH Building, LLC By: io Casualty Insurance Company zo By: ^�, N ncy Soule �� __Attorney-in-Fact S-3853 License or Permit Bond (Unnumbered) � i C i Principal:MCH Building,LLC POWER OF ATTORNEY Agency Name:DOWLING&O'NEIL INSURANCE THE OHIO CASUALTY INSURANCE COMPANY AGENCY Obligee: Town of Barnstable,Building Department Agent Code:200226 Bond Number:601074466 Know All Men by These Presents:That THE OHIO CASUALTY INSURANCE COMPANY,a New Hampshire Corporation,pursuant to the authority granted by Article IV,Section 12 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company,do hereby nominate,constitute and appoint:Kelly C.Bolton,Martha A. Kenney,Robert W.Miller,Mark McCartin,Nancy Soule,Joanne R.Sullivan,Kathy J.MacRoberts,Monica DaSilva of Hyannis,Massachusetts its true and lawful agent(s)and attomey(ies)-in-fact,to make,execute,seal and deliver for and on its behalf as surety,and as its act and deed any and all BONDS,UNDERTAKINGS,and RECOGNIZANCES, excluding,however,any bond(s)or undertaking(s)guaranteeing the payment of notes and interest thereon. And the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of said Company at their administrative offices in Keene,NH, in their own proper persons.The authority granted hereunder supersedes any previous authority heretofore granted the above named attomey(ies}in-fact. In WITNESS WHEREOF,the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of said Company this 18th day of November,2013. ��Y INSV yJ °aPO��9y � = Fo m � o Z 1919 o r� �yl a*P>�aD David M.Carey,Assistant Secretary STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 18th day of November,2013 before the subscriber,a Notary Public of the State of Pennsylvania,in and for the County of Montgomery,duly commissioned and qualified, came David M.Carey,Assistant Secretary of The Ohio Casualty Insurance Company,to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn deposes and says that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal at the City of Plymouth Meeting,State of Pennsylvania,the day and year first above written. PAS 6r, r¢�, COMMONWEALTH OF PENNSYLVANIA Notarial Seal OF Teresa Paslelfa,Notary Public Plymouth Twp.,Montgomery County v My Commission Expires March 28,2017 �sy�a� Notary Public in and for County of Montgomery,State of Pennsylvania 4 Member,PennsyHaniaAssocationofNoaries My Commission expires March 28,2017 This power ofattomey is granted under and by authority of Article IV,Section 12 ofthe By-Laws of The Ohio Casualty Insurance Company,extracts from which read: ARTICLE IV-Officers:Section 12.Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bond,recognizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attomey,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of The Ohio Casualty Insurance Company effective on the 15th day of February,2011: VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company,wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixed. CERTIFICATE I,the undersigned Assistant Secretary of The Ohio Casualty Insurance Company,do hereby certify that the foregoing power of attorney,the referenced By-Laws of the Company and the above resolution of theirBoard of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF,I have hereunto set my hand and the seal of the Company this 7th day of April 12014 �SY INS& yJP4°RP o,p9r`9Z Qa Fom o Z 1919 o i �� ��3 M? Gregory Gregory W.Davenport,Assistant Secretary A f I hAMM I / a 8=4433 n 082 1 10193 { O E E D, We, DAVID GOLDMAN and. JOANND S. GOLDMAN, 'husband• and wife, both of 7500 Beach 'View Drive, North Bay Island, .North Bay Village, Florida '33141 for consideration paid in the amount of .less than One Hundred . Dollars ($100:00) grant to SANDRA L. CROSBY with-a nailing address ofaP;O. Box 532, West Hyannisport, MA' ` -WITH QUITCLAIM,.COVENANTS . The land, together with the buildings thereon,•: ituate in Barn stable (Centerville), Barnstable County, Massachusetts, and being. the premises shown,as LOTS 1, 3, 5, 6, 7, 8, 9_ 10, 11;' 12, 15, .. 17 18 and 19 on-a plari o'f .'land ent t�ec�.-P of Land ins-�-- Centerville Mass. owned by David & Joanne S. Goldman `Frank Conery 5 Trenton St Hyannis Mass. 02601 Registered Engineer & Land Surveyor-Scale°,..1.in - 40 ft. April 11, 1978," which said plan is filed with the Barnstable County Registry of Deeds in Plan Book 326, Page 27. " Together with the'r'ight to use the streets and ways as shown on said plan ,for'all ,purposes for which'public ways• are now or hereafter used 'in the Town of Barnstable. The above described promises are conveyed subject to the following restrictions: 1 No building, tent, -trailer, fence, wail or other strut= ture or improvement shall. be•commenced, erected or . maintained, nor shall any 'addition to or change.-or'- alteration.,be made.until complete plans and specifica- tions 'showing the nature, kind, shape, height, width, .,,' materials; floor plan: color scheme, location, and approximate costs ofsuch structure or improvement, and the grading plan of the lotto he built upon, shall have been submitted to, lodged permanently with, and approved in writing by the grantors, their legal repro j sentatiVes, assigns or such.other legal entity or -; person as they may appoint by an instrument recorded at' ' the Barnstable County Registry of Deeds, (hereinafter known as their. legal representative). . The grantors shall1 have .the right to refuse to approve any plans and = specifications or-grading plan which are not suitable ��::.,,, ,.,,•• or desirable in their opinion,, for esthetic or other. , eacr„w reasons, and in so passing upon such -glan, .specifica- radin ` tions Or , g g plan,. they shall have the .right to ri look into, the suitability of the proposed building or - 1 a s--4433 : -- 00 -other structure and of the materials of which it is to be built in relation to the site upon phi it is proposed to be erected; the harmony thereof with the surroundings; and the effect of the building or other structure, as planned, on the outlook from the adjacent.. ... or neighboring property. 2. No mechanical, mercantile'or manufacturing trade or business shall be carried on or .upon the above described. premises, and no hospital or rest home for the care of the sick, feebleminded or insane shall be established or maintained thereon. , 3. No trailers, trucks, jeep-type vehicles, boats, lettered- or commercial vehicles of any nature, junk automobiles or scrap materials shall be placed on or kept on any lot; but this restriction shall not be construed so as , to prohibit the placing or keeping of such things indoors .in a garage or cellar where they cannot be seen from the outside. ; 4., No animal or fowl except ,the common household pets shall be kept upon the granted premises, and these in reasonable and usual -numbers. Shelter for the same shall 'be screened from view. 5. There shall be no signs of any kind, excepting that signs denoting street names are allowed; excepting one sign indicating the owner's name and his professional title' at each dwelling house, and no sign shall exceed six inches by twenty-four inches W xW). 6. There shall be no parking, storage or use of house trailers, tents or other temporary shelters on the . granted premises. 7. To maintain the residential character of the area, the lot owners therein shall keep the premises, prior to the erection or removal of a building onto said premisesi r cleared of underbrush and debris that portion of the lot between the front property line and the edge of the traveled way abutting said lot. 8. No bulldozers or-other crawler and cleated machines engaged.'directly and/or indirectly by lot owners,shal1 y be allowed to unload on or travel on any paved way.. 9. Garbage placed outdoors shall be kept in covered sani- tary containers only. The regular burning or garbage outdoors in hereby prohibited, but this shall not, 2 s t I 4' 084 . prevent the use of an„incinerator construed house. 10. Any lot owner, upon completion of any structure built upon his premises, shall pine-needle or seed all dis- turbed soils except that upon any lot where erosion is a factor causing clogging or filling or drainage areas and/or catch basins, sod shall be placed, ia snch amounts and in such a manner so as to foreatall `:sucia erosion ; Said placement is to be made forthwith after notice to' the lot owner by the grantor or their legal representa- tive. - 11. Any driveway` placed on the premises shall be surfaced i with hot-top, concrete, crushed stone, seashells or } other commonly used surfacing material; it being the I intent,.of this restriction that there shall be no dirt driveway on the granted premises. - 12. All storage areas for rubbish, trash, etc., and all l clotheslines shall be enclosed with screen-type fencing. The enclosure shall be at a height adequate to screen I that which is enclosed completely from view. The ' enclosure itself. shall not be visible from any front yard, shall be placed to the rear of any dwelling, and i shall be so situated so as to not encroach upon the i aesthetics of any abutter's view. ~- 13. The grantors or their legal representative reserve the j right to modify or amend these restrictions in any - manner they may determine shall be of benefit to subse- i• quent lot owners. i The Grantors reserve the right to grant rights of way over the streets and ways shown on said plan .for all purposes for which .. public ways are now or may hereafter be used in the Town of Barnstable for the benefit of their remaining land and for the benefit of other land that the Grantors may acquire in the future. .: Subject to easements to the New England Telephone and Telegraph Company et al dated September 11, 1978 and recorded with said .: Registry in Book 2181, Page 1190, and to the Centerville Osterville Fire District dated October 27, 1978 and recorded with said Registry in Book 3212, Page 239. I...., i N,,..• 3 r �'a b f scv4433 a:s L-35 T For our title, see deed from David Goldman to us dated S ids mbe in' 1981 and recorded with the Barnstable County Registry Book 3353, Page 210. Executed as a sealed instrument this jj--a4/ dap of 1984. David Goldman 4 i oanne S. Goldman COMMONWEALTH OF MASSACHUSETTS 2 2 , 1984 Barnstable, ss. ^�w,/i / y eared the above named Then personally appeared and acknowledged the foregoing instrument to be free act l�t�S and deed, ��` '� �'• Before me, . ; My commission expi . c . 'rpSryY�p*O��pV D�{EEDS 4 C�tir �ffe 28 Ib i. 087 DEED 1CI95 I, SANDRA L. CROSBY, of Barnstable (West Hyannisport), Barnstable County, Massachusetts !j for consideration paid in the amount of less than`One Hundred it Dollars ($100.00) ' grant to JOANNL' S. GOLDMAN of 7500 beach View Drive, North Bay i' Island, North Bay Village, Florida 33141 WITH QUITCLAIM CUVENANTS'. I; The: land, together with the buildings thereon, situate in Barn- stablo (Centerville), Barnstable County, Massachusetts, and being the ,remises shown as LOTS '3, 5,• 7, 9, 11, 12, 16 and 18 on a �I plan of land entitled "Plan of Land -fn Centerville I-lass. owned by �{ David & Joann•. S. Goldman Frank Conery 5 Trenton St. Hyannis Mass. 02601 Rcjistered Engineer & Land Surveyor Scale 1 in = 40 ft April 11, 1978," which said plan is filed with the Barnstable County Registry of Deeds in Plan Book 326, Page 27. The above deseriixsd premises are conveyed sub3act to and with the benefit of tha rights reservations, restrictions and easements i� contained or referred to in a deed from David Goldman et ux to me dated SeptQnber 22, 1984 to be recorded herewith, to which daed r-Aerence may be had for title. r i Executed as a sealed instrument this 28th-day of February, 1985. � - Sandra L. Crosby i COMMONWEALTH`OF MASSACHUSETTS Barnstable, ss. February 28, 1985 i i Tlien personally appeared the above named SANDRA/ L. CROSBY and . acknowledged the foregoing instrumen ,to be Aer free act and deed, Before me, ---\ ic ,�.,.�:e-� �F�, yr ,• •Nota��rC,r Public •1ta..-a.....,�v. . "M` yaSSta.-s'�x.°-rc��s: d j MY commission axpires. 17WQ 1J/l-*,gj r J 1 Cu C O FEB 26 fi