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Home My WebLink About0114 FURLONG WAY �- y _ - - r � 0 V " ' ' `^.� T.... � .� -jc o _,.,y -- �rn�_.. -.-s._.�e—, � .. . a -.x•"r�-�..-. ... _ ... .._...r._ -z--.r.�z--.,. ,.. .r. _ -� _.-ram .. --... .-.__„ ._. F � � �� _� - - - 9 7S �n/ "�/�) �} �. ... /J.ems. „ /L.��`-v •� `/'��•'l.ti�,,.�`�""� ,t a r �a y . Ir I f s t I. i i C/4 477Y X04Nk, 6 �,�� SPY G TOWN OF BARNSTABLE TEMPORARY CERTIFICATE OF OCCUPANCY PARCEL ID 008 016 GEOBASE ID 215 ADDRESS 114 FURLONG WAY PHONE COTUIT ZIP - LOT 14 BLOCS: LOT SIZE DBA DEVELOPMENT DISTRICT CT PERMIT 72462 DESCRIPTION TEMPORARY CERTIFICATE OF OCCUPANCY PERMIT TYPE BCOO TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS: LADD MERLIN J. Department of. ARCHITECTS: Regulatory Services TOTAL FEES: BOND $.00 CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY 1 PRIVATE 0 * sn[wsr"asLE. • Mass. 1639. RFD MP'�A BUIL N IVIS O BY DATE ISSUED 10/22/2003 EXPIRATION DATE 1 TOWN OF BARNSTABLE " TEMPORARY CERTIFICATE OF OCCUPANCY - PARCEL ID 008 016 GEOBASE ID 215 ' 'ADDRESS 114 FURLONG WAY PHONE COTUIT ZIP - LOT 14 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CT PERMIT 72462 DESCRIPTION TEMPORARY CERTIFICATE OF OCCUPANCY PERMIT TYPE BC00 TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS: LADD MERLIN J. Department of ARCHITECTS: Regulatory Services TOTAL FEES: BOND $.00 pfr CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY 1 PRIVATE '* nsn>iiv...... � � MASS. 1639bg9. Al I FD MP'� 1 BUIL N DIVIS O I i BY DATE ISSUED 10/22/2003 EXPIRATION DATE i I THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT;DOES_NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. ... MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND '! THIS CARD KEPT POSTED UNTIL FINAL INSPECTION WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ELECTRICAL,PLUMBING AND MECH- I 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. ANICAL INSTALLATIONS. r 4.FINAL INSPECTION BEFORE OCCUPANCY.POST THIS CARD SO IT IS VISIBLE FROM STREET I I BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 I 2 <, 2 2 I 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. BUILDI NG PERMIT ' 'TOWN OF BARNSTABLE , -7 BUILDING PERMIT ` PARCEL ID 008 016 GEOBASE ID 215 , ADDRESS 114 FURLONG WAY ,. ;. PHONE COTUIT ZIP - LOT 14 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CT PERMIT 66297 DESCRIPTION SIN FAM/3 BDRM/3 BATH PERMIT TYPE BUILD TITLE NEW RESIDENTIAL BLDG PMT CONTRACTORS: LADD MERLIN J. Department of ARCHITECTS: Regulatory Services TOTAL FEES: $716.07 BOND $.00 pf CONSTRUCTION COSTS $197,120.00 R 101 SINGLE FAM HOME DETACHED 1 PRIMATE 6g* ®wuisrAs , 1�°�„•�� Mass. 1639. A BUrILDING D�ISION BY,,- DATE ISSUED 12/31/2002 . EXPIRATION DATE °TOWN .OF 3ARNSTABLE BUILDIN ; PERMIT PARCEL ID :DOES 016 'GEOBASE 1 7 1§ , ADDRESS 1`4 FURLONG WA '.1' i �" PHONE ' . CQTUIT �t ZIP `u ' LOT 14 q BLOCK LOT SIZE 1 BA DEVELOPMENT DISTRICT CT-: '4PEUMIT 6629' DESCRIPTION T'1t7N SIN F'AC�/3 BO / BATH a I PERMIT T�PE BUILD TITLE NEW;I, RESIDENTIAL BLDG RMT I: ar CONTRACTORS: LADD MERLIN J. Department of ARCHITECTS r.. Regulatory Services TQTAL FEES $716.07 BON D .00 �va CONSTRUCT ION CO S` 8 $19111120,00 01 aTNGLti `: `AM 'HOME DETACHED 1: , PRIVATEiltJ, .• _ _ BA NNS•TpApBLE, * � 6 B�U( IN:G ISION 3 DATE 1SSUED . 12/31/2002 Y ,`. E PTR4TI( N HATE ,:� ..✓ I r a THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY.OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY'AP.PLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED APPROVED PLANS MUST BE RETAINED ON JOB AND FOR ALL CONSTRUCTION WORK; WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. VISIBLEPOST THIS CARD SO IT IS BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS EL CTRICAL INSPECTION PPROVVAggLS 1 1 /o !7 1v L P! ram✓ 2 2 - l 2�� 9. 3 1 HEATING INSPECTION APPROV4S ENGINEERING DEPARTMENT FIML& s FAF Lam 2 OF HE'1LT 1 � OTHER: SITE PLAN REVIEW APPROVAL * WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN.BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION.. NOTED ABOVE. TION. . BUILDIN ,G PERMIT . S l. Y � F • d J -- f i �'"Q'� I TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Q�U Parcel 0 ��` Ns S e Permit# 1.9(o -G 9 2 Health Division -97 "q0O.'a Date Issued I - 0 Ci Conservation Division �< a b� ,. _�- ®3 N�1 3�0� Application Fee 6-0 i Tax Collector i7 j l /da Permit Fee Treasurer � — a. !� I J SEPTIC SYLT'Ell fWST L Planning Dept. INSTALLED IN COMPLIANCE WITE TITLE b Date Definitive Plan Approved by Planning BoardENViR®NENTAL CODE AND Historic-OKH Preservation/Hyannis TOWN RECLeI.. TIONS Project Street Address E k L(2/U& y Village C U%U 1 IJ Owner ceAO/[A r)R n u - Address 1�7;, lols`'.� Telephone 6^ 76q— `7 7C� � p �_-��— �(o '� d 3Z Permit Request T !2 �� ? .� JaVA17 Square feet: 1st floor: existing proposed 2nd floor: existing proposed Total new (Qg� �Pa 4j� Zoning District R F L � Flood Plain � Groundwater Overlay Project Valuation �000 Construction Type 0 o&rne_ Lot Size a _Grandfathered: AYes ❑No If yes, attach supporting doc imentation? ..f LA Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) - < Age of Existing Structure Historic House: ❑Yes "o On Old King's Highway: ❑`hes smo Basement Type: 5LFull ❑Crawl gAalkout ❑Other s _ f Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) f3 Number of Baths: Full: existing new 4' Half: existing i new Number of Bedrooms: existing new 3 Total Room Count(not including baths): existing new_� First Floor Room Count Heat Type and Fuel: AGas ❑Oil ❑Electric ❑Other Central Air: ❑Yes No Fireplaces: Existing New / Existing wood/coal stove: ❑Yes J.No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes � No If yes, site plan review# Current Use h4, Proposed Use •�'" BUILDER INFORMATION Name- �1 . Ladd � . Telephone Number.: 6�" 76q-q(1 71) Address e?oJL 10/651, JI License# 74- lyClil m4 L2,!�2 2, Home Improvement Contractor# Worker's Compensation# IoR23 U A746 X M•[d•02- ALL CONSTRUCTION DEBRIS RESULTING 1FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE �C��, 2 . G02, FOR OFFICIAL USE ONLY } r PERMIT NO. - DATE ISSUED MAP/PARCEL NO. r ADDRESS - VILLAGE OWNER r DATE OF INSPECTION: FOUNDATION", INSULATION FIREPLACE _ f ELECTRICAL: ROUGH FINAL 1- PLUMBING: ROUGH FINAL - GAS: ROUGH_ : '? FINAL - i2 z , FINAL BUILDING �12216 f v � rz t DATE CLOSED OUT ASSOCIATION PLAN-NO. ° 4-D ' SIIE Tpk� The Town of Barnstable _ NW �� BARNSTABLE. Department of Health Safety and Environmental Services 9 MASS. O a639. �0 pTfOMp�s Building Division 367 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 PLAN REVIEW Owner:La d Map/Parcel: b Project Address: 114 FuY• ,n Q Builder:MQv,1111n J Lai A � r � s c) IB2 -'?-4 The following items were noted on reviewing: W klk'n 2- A y Ch OD � Reviewed by: Date: q:building:forms:review r x rr . f (. I( 4 f! u S"t D f If Lid ti 77 �} ►f _ 1 WT — s; f -- F=1:PST= QC�IL F-7-ZL Zi7\Lt,J Cam— i�_....._._r s ., ... ,`.Y';�aa K � -• ..o ..... ..�. .. ..t ...r....n., _ � .-...i._._a. _,.. ..—. � �ivM.L.. .2� 7 � y .. �3F j i�L /l,q 'Zoo � TGt� - �z /� S � �( !s LUww t.JIt4 .COAc� � ^oc = 75 V MAC _ (.•J Q _ G Z r�/�. Z - ' ICJ cJS� 1500 = f �v ?s f 7�- z� JasT C-= 1 500, 000 t S r 3 114 zz-5 (91 i7Zb ��+s z7 ' 3&4 OF A4 i I i ( 29 � C) 2 -� RESIDENTIAL BUILDING PERlVIIT FEES APPLICATION FEE New Buildings,Additions $50.00 Alterations/Renovations $25.00 Building Permit Amendment $25.00 FEE VALUE WORKSHEET NEW LIVING SPACE square feet x$96/sq.foot x.0031= plus from below(if applicable) ALTERATIONS/RENOVATIONS OF EXISTING SPACE square feet x$64/sq.foot= x.0031= plus from below(if applicable) GARAGES(attached&detached) r square feet x$32/sq.ft.= n l) x.0031= ACCESSORY STRUCTURE>120 sq.ft. �QJ� Z �( U >120 sf-500 sf $35.00 >500 sf-750 sf 50.00 >750 sf- 1000 sf 75.00 >1000 sf- 1500 sf 100.00 >1500 sf-Same as new building permit: square feet x$96/sq.foot= x.0031= STAND ALONE PERMITS Open Porch x$30.00= (number) Deck x$30.00= � (number) Fireplace/Chimney x$25.00= (number) Inground Swimming Pool $60.00 Above Ground Swimming Pool $25.00 Relocation/Moving $150.00 (plus above if applicable) /� Permit Fee (Q`T`�� l�`'1" projcost x Q�iCE USE OALY PROPERTY ADDRESS: _ALCULAffTION FOR PERMIT COST TYPE OF ROOM ETC NO _ ADDITION ALTERATIONS BATH BED ROOM 3 CERTIFICATE OF OCCUPANCY COMPUTER ROOM DECK OPEN DECK WITH ROOF 2 2 . 33'� 2 c� _ b, ' DEMOLITION DEN DINING ROOM FAMILY ROOM FIREPLACE FOUNDATION ONLY GARAGE NO. OF BAYS GREAT ROOM KITCHEN LAUNDRY ROOM LAUNDRY ROOM LIVING ROOM MUD ROOM. _. OFFICE PORCH CLOSED .PORCH OPEN REROOFING SHED . STORAGE AREA SUN ROOM HEATED SUN ROOM UNHEATED SWIMMING POOL ABOVE GROM D SWIMMING POOL ING WINDOW REPLACEMENT RESIDENTIAL NEW HOUSE If 1 cated: North of Route 6 -needs certificate of appropriateness from OKH In Hyannis - Check to see if it's included in the Hyannis Historic Waterfront District -if so, it needs Certificate of Appropriateness from them If ZBA relief(Special Permit or Variance is required for project: r ❑ Copy of Decision , _o�? 7 Documentation that decision was recorded at the Registry of Deeds w/in one=year'of,ZBA` ----- decision:date, Si -offs from: C O - • ' r Engineering �—`Health C - Conservation Planning Tax-Collector Treasurer !`' �1 -�� Street address ®" Owner's name& address ' DA41 Permit request -full description of proposed project :� „�.' .-. Square footage Building Detail for Assessor's office -Lot size - An undersized lot (i.e. <43,560 sq ft)requires an affidavit from an attorney attesting to its grandfathered status, plus copies of the deeds used in this determination (abutters) Valuation -must be the same as the total on the project cost worksheet Builder's information Signature Estimated project cost worksheet Site plan (shows location & setbacks of house) 2 Plan of record (from Registry) Dection., Deed (from Registry) (to attest to ownership)Plans - 4 sets measuring 11" x 17"including foundation, o-fir_ 1��,_eross framinPg schedule &smokes tf [ Worker's Comp form must include: Insurance company's name &Work. Comp. policy l number. O- � pit Energy Compliance Form Copy of Construction Supervisor's License OR Homeowner's License Exemption Form P Check expiration date of license ' Road Bond($4/foot of road frontage) Signature of Principal required. Affidavit of Financial Interes CHF M 6—APPLICATIONS WITHIN 10 DAYS SHOULD EQUAL 0) S Application Fee ❑ Permit Fee ( q-forms:PermitS1 rev.1115101 ' " TOWN OF BARNSTABLE BUILDING PERMIT PARCEL I 008 016 GEOBASE ID 215 . "+ ADDRESS 114 FURLONG WAY PHONE OTUIT " ~ ZIP - LOT 14 BLOCK LO SIZE DBA DEVELOPMENT DISTRICT CT ,PERMIT 68 7 DESCRIPTION SIN F DRM/3 B PERMIT TYPE BUI TITLE NEW RESIDENTIAL B PINT CONTRACTORS: �LADD RLIN J. Department of ARCHITECTS: 1 Regulatory Services y TOTAL FEES_ $71 07 BOND $.00 - CONSTRUCTION COSTS $ 7; 120. 0 101 SINGLE FAM HO ED RIVATE r* BmwgrABLE, MAS& BUITNQ-` SION BY p I DATE ISSUED 01/08/2003 EX P RA ION DATE j ----a------------------------------------ ---- ---- ----�---------------- r ryvrry��p .... 1 V YV .( F BARN STABL �. DUI SLING .PERMIT � .... t l/�, (��(, s/ryr�q/i!/„r45,y}�%{(q�yry.�y��j PARCEL Ih M�4d H#tAJL3�/Li ID ADDRESS \U4 FURLONG WAX PHONE, TUIT ry �.: ZIP LOT 14 BLOCK I SIZE SBA DEVELOPMENT DISTRICT CT ! -,PERMIT 65 7 DESCR.IPT:ION SIN FANS BDRM/0 B . H 1 � PERMIT: TYPE $UIL TITLE. NEW RE IDENTIAL B PMT � CONTRACTORS "LADD RLIN J. Department of ARCHITECTS: Regulatory Services TOTAL FEES. $71 07 � 13OND - .OU CONSTRUCTION ,COSTS $ 7, 120 Q► 101 SINGLE FAM HO ED I. RIVATE +► BAffrABLE, BU T DIN"IVISION BY r.DATE-'ISSQED 01/08/2003 EX ION DATE y4n��:1/EGA/y�f THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR.SI K OR ANY PART THEREOF, EITHER TEMPORARILY.OR'PERMANENTLY. EN, CROACHMENTS'0N'PUBLIC'PROPERTY,NOT SPECIFICALLY PERMITTED UN ER E:BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADE$AS WELL AS DEPTH'AND LOCATION OF PUBLIC SEWERS M B TAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS O AN AP ICABLE SUBDIVISION RESTRICTIONS. (; MINIMUM OF FOUR CALL INSPECTIONS REQUIRED .FOR ALL CONSTRUCTION WORK: APPROLKT T RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE i 1.FOUNDATIONS OR FOOTINGS THIS CED TIL FINAL INSPECTION PERMITS ARE' REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BE A RTIFICATE OF:000U- (READY TO LATH):' PANCYCH BU DING SHALL NOT BEELECTRICAL,PLUMBING AND MECH- 3..INSULATION. OCCUINSPECT N HAS BEEN MADE. ANICAL INSTALLATIONS. 4:FINAL INSPECTION BEFORE OCCUPANCY. BUILDING INSPECTION APPROVALS PLoffiBING.INSPECTION APPROVAL ELECTRICAL INSPECTION APPROVALS } 2 2 3 1 HEATING INSPECTION APPROVALS E GINEERING DEPARTMENT �a j 2 OARD OF HEALTH \ OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE 'STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION.. I B �UILDING�. . . IIII IP. ERMIT . I I I I I I I I I I � I I j r 1 RESIDENTIAL BUILDING PERMIT FEES i APPLICATION FEE New Buildings,Additions $50.00 Alterations/Renovations $25.00 Building Permit Amendment $25.00 1 FEE VALUE WORKSB EET NEW LIVING SPACE square feet x$96/sq.foot= x.0031= plus from below(if applicable) ALTERATIONS/RENOVATIONS OF EXISTING SPACE 32 ` - �_square feet x h4lsq.foot= 666 x .0031= 0 3 plus from below(if applicable) ,,l Z V ACCESSORY STRUCTURE>120 sq.ft. >120 sf-500 sf $35.00 >500 sf-750 sf 50.00 >750 sf- 1000 sf 75.00 >1000 sf- 1500 sf 100.00 >1500 sf-Same as new building permit: square feet x$96/sq.foot= x .0031= STAND ALONE PERMITS Open Porch x$30.00= •�O (number) Deck x$30.00= (number) Fireplace/Chimney x$25.00= DD (number) Inground Swimming Pool $60.00 Above Ground Swimming Pool $25.00 Relocation/Moving $150.00 (plus above if applicable) c`" Permit Fee z (,P, o � proj cost 7'J \ ,QFFICE USE OIVIY PROPERTY ADDRESS: U) CA I ALCULATION FOR PERMIT COST TYPE OF ROOM ETC NO = ��''4 � � ADDITION 4- ALTERATIONS BATH BED ROOM 3 CERTIFICATE OF OCCUPANCY COMPUTER ROOM 2 `,3 `� ~� DECK OPEN DECK WITH ROOF DEMOLITION 3' l DEN .3k r DINING ROOM 4X, i I =`y I,� 4 y FAMILY ROOM FIREPLACE FOUNDATION ONLY �.�3 �3 ' � ? GARAGE NO. OF BAYS 2 3 S GREAT ROOM KITCHEN LAUNDRY ROOM 1\4 LAUNDRY ROOM LIVING ROOM MUD ROOM. OFFICE PORCH CLOSED PORCH OPEN REROOFING SHED ~ STORAGE AREA SUN ROOM HEATED SUN ROOM UNHEATED 4 SWIMMING POOL ABOVE GROM D -� SWIMMING POOL ING OUIVU WINDOW REPLACEMENT DUNNING & KIRRANE, L.L.P. COUNSELORS AT LAW MICHAEL A.DUNNING' SHELLBACK PLACE EMAIL ADDRESS KEVIN M.KIRRANE 133 ROUTE 28 dunkir@cape.com ELIZABETH A.MCNICHOLS BOX 560 BRIAN F.GARNER MASHPEE,MA 02649 WEB SITE DUNNINGKIRRANE.COM SEAN P.EARLY 508-477-6500 RICHARD J.REILLY,JR. FAX 508-477-7633 "ALSO ADMITTED ILLINOIS BAR emcnichl@cape.com MEMO To: Terry Ladd From: Liz McNichols Date: December 10, 2002 Re: ZBA Decision Terry, My understanding is that someone in the building commissioner's office questioned that the decision of the Zoning Board of Appeals.(Appeal 2000-64) dated August 15, 2000 overruling the Building Commissioner was not recorded at the Barnstable Registry of Deeds. Board of Appeals decisions granting variance relief and special permits need to be recorded in order to be effective. However, MGL Chapter 40A does not require that a decision overruling a Building Commissioner be recorded. I have confirmed my understanding of the law with Barnstable Town Counsel, Robert Smith, and he agrees that the decision need not be recorded. If it would make you more comfortable, we can record the decision. Please let me know. Thank you. DUNNING & KIRRANE, L.L.P. COUNSELORS AT LAW MICHAEL A.DUNNING` SHELLBACK PLACE EMAIL ADDRESS KEVIN M.KIRRANE 133 ROUTE 28 dunkir@cape.com ELIZABETH A.MCNICHOLS BOX 560 BRIAN F.GARNER MASHPEE,MA 02649 WEB SITE DUNNINGKIRRANE.COM SEAN P.EARLY 508-477-6500 RICHARD J.REILLY,JR. FAX 508-477-7633 "ALSO ADMITTED ILLINOIS BAR emcnichl@cape.com December 10, 2002 Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Delivery by hand Re: 114 Furlong Way, Cotuit, MA Assessors Map 008/016 Dear Commissioner: This firm represents The Goonan Trust, the proposed seller of the above referenced parcel of land to Terry Ladd. The purpose of this letter is to request from you a determination that this lot is buildable from a zoning standpoint. The lot is shown as Lot 14 on a subdivision plan of land dated January,1973. When the plan was approved the lot was located in an RD-2 zone, requiring a minimum lot area of 20,000 square feet. The lot is now zoned RF. The lot contains 74,000 square feet more or less, but does not conform to current contiguous upland requirements. I have conducted a title search on the lot in question and on all contiguous lots from November of 1984, when the contiguous upland requirement was adopted, until the present time. The results of those title searches are attached, as well as copies of all documents in the various chains of title. Please note that the Board of Appeals previously considered the issue of whether the ownership by Ralph and Stephanie Wall, husband and wife as tenants by the entirety, of a house at 170 Old Kings Road (Map 22, Lot 090) from 1978 through constituted common ownership and control of that house with the lot in question owned by Stephanie G. Wall as Trustee of The Goonan Trust and concluded that it did not. In conclusion, our review of the title to our locus, Lot 14 (Map 8, Parcel 16), and the titles to the contiguous lots, held contiguously with any adjoining lot was June 29, 1976. On behalf of the Goonan Trust and Terry Ladd, I respectfully request an opinion from you that Lot 14, 114 Furlong Way, Cotuit, MA, complies with the zoning provisions of the Town of Barnstable Zoning By-law. Please feel free to call me with any questions, or if you would like additional information or copies. Very truly yours, Elizab&. McNichols EAM/sdr Chains of title to locus and contiguous lots: LOCUS: 114 Furlong Way, Cotuit Assessors Map 8 Parcel 16: --The deed from the original developer, Sea-Lake Corporation to Ruthanne Grover was dated June 29, 1976 and recorded in Book 2392, Page 103. --A deed from Ruthanne Grover to Stephanie G. Wall, Trustee of the Goonan Trust under - declaration of trust dated June 27, 1983 was recorded in Book 3781, Page 151. 113 Furlong Way, Cotuit Assessors Map 8, Parcel 14: --Sea-Lake Corporation deeds to Charles E. Norton and Carolyn M. Norton January 3, 1975 by deed recorded in Book 2140, Page 212. --A deed from Charles E. Norton and Carolyn M. Norton to W. Patrick Lentell and Patricia Kenny dated March 13, 1981 is recorded in Book 3254, Page 40. --A deed from W. Patrick Lentell and Patricia Kenny to Kevin M. Riley and Jacqueline M. Schofield dated February 12, 1982 is recorded in Book 3436, Page 17. --A deed from Kevin M. Riley and Jacqueline M. Schofiled (sic) to Kevin M. Riley dated October 31, 1988 is recorded in Book 6519, Page 27. --Resource Funding Inc. forecloses on mortgage from Kevin M. Riley and purchases the property back at foreclosure in the name of Resource Financial Group, Inc.. Foreclosure deed dated January 31, 1990 is recorded in Book 7091, Page 349. Then deeded from Resource Financial Group, Inc. to Resource Funding Inc. by deed recorded in Book 7092, Page 2. --Deed from Resource Funding Inc. to Right Properties, Incorporated dated March 5, 1990 was recorded in Book 7092, Page 8. -- A deed from Right Properties, Incorporated to Richard A. Mason and Mary J. Mason dated September 24, 1990 was recorded in Book 7306, Page 123. 118 Furlong Way, Cotuit Assessors Map 8, Parcel 15: --A deed from Sea-Lake Corporation to Bruce A. Wright and Susan Wright dated June 4, 1979 is recorded in Book 2936, Page 255. --A deed from Bruce A. Wright and Susan Wright to John Paul Slavinsky and Sheila Slavinsky dated January 18, 1984 is recorded in Book 3990, Page 89. s . . F --A deed from John Paul Slavinsky and Sheila Slavinsky to Frederick H. Boden and Richard M. Boden dated May 23, 1984, is recorded in Book 4119, Page 132. --A deed from Frederick H. Boden and Richard M. Boden, Trustees of Boden & Boden Realty Trust to Francis E. Verrochi and Jean A. Verrochi dated May 7, 1985, is recorded in Book 4525 Page 203. --A deed from Francis E. Verrochi and Jean A. Verrochi to Richard A. Mason and Mary J. Mason, Trustees of Riverside Trust, dated November 6, 1998, is recorded in Book 11823, Page 278. t 108 Furlong Way, Cotuit Assessors Map 22, Parcel 89: -- A deed from Sea-Lake Corporation to Richard A. Aliberti and Mary T. Aliberti dated June 4, 1979 is recorded in Book 2936, Page 261. --A deed from Richard A. Aliberti and Mary T. Aliberti to Thomas A. McQueeney dated January 28, 1980 is recorded in Book 3085, Page 340. -- A deed from Thomas A McQueeney to Thomas A. McQueeney and Ellyn M. McQueeney dated November 20, 1985 is recorded in Book 4810, Page 6. 170 Old Kings Road, Cotuit Assessors Map 22, Parcel 90: --A deed from March, Inc.to Dorothy F. Duncklee dated October 25, 1973 is recorded in Book 1956, Page 336. --A deed from Dorothy F. Duncklee to Ralph E. Wall and Stephanie G. Wall, dated April 14, 1978 is recorded in Book 2690, Page 268. --A deed from Ralph E. Wall and Stephanie G. Wall to Terry L. Keebaugh dated August 4, 1998 is recorded in Book 11616, Page 325. --A deed from Terry L. Keebaugh to Richard B. Buffington and Dona Buffington dated October 27, 2000 is recorded in Book 13342, Page 17. 154 Old Kings Road, Cotuit Assessors Map 22, Parcel 91: --A deed from Raymond D. Crawford to Dorothy F. Duncklee and Peter A Thompson, Trustees of Kings Grant Trust dated June 1, 1973 is recorded in Book 3219, Page 254. --A deed from Dorothy F. Duncklee and Peter A Thompson, Trustees of Kings Grant Trust to Leo E. Buckley, Jr. and Anne S. Buckley dated January 5, 1981 is recorded in Book S 3219, Page 254, and a subsequent deed recorded in Book 8240 Page 183 alters the tenancy in the prior deed. 140 Old Kings Road, Cotuit Assessors Map 22, Parcel 92: --A deed from Barbara A. Bush, formerly Barbara A. Drake to Barbara A. Bush and Pamela R. Drake is dated February 2, 1978, recorded in Book 2659, Page 331. --A deed from Barbara A. Bush and Pamela R. Drake to Barbara A. Bush dated July 30, 1980 is recorded in Book 3135, Page 279. --A deed from Barbara A. Bush to Barbara A. Bush and David G. Drake is dated March 12, 1984 and recorded in Book 4037, Page 194. --A deed from Barbara A. Bush and David G. Drake to David G. Drake is dated July 19, 1984, recorded in Book 4186, Page 257. --Federal National Mortgage Association, holder of a mortgage,from David G. Drake, forecloses its mortgage and purchases the property back by foreclosure deed dated November 19 1992, recorded in Book 8322, Page 84. --A deed from Federal National Mortgage Association to David B. Major and Katherine C. Stockwell dated March 4, 1993, is recorded in Book 8497, Page 154. DUNNING&KIRRANE,L.L.P. Attomeys at Law ELIZABETH A. MCNICHOLS Tel:(508)477-6500 Box 560 Fax:(508)477-5697 133 Falmouth Road email:emcnichl@cape.com Mashpee,Massachusetts 02649 http://www.dunningkiffane.com Town of Barnstable Legal Department - Town Attorneys' Office 367 Main Street, Hyannis MA 02601-3907 Inter-Office Memorandum Robert D. Smith,Town Attorney Office: 508-862-4620 Ruth J.Weil, 1st Assistant Town Attorney Fax: 508-862-4724 - Claire Griffen,Paralegal/Legal Assistant T.David Houghton,Assistant Town Attorney Claudette*Bookbinder,Legal Clerk To: Thomas Perry, Building Commissioner From: Ruth Weil, Assistant Town Attorney p Date: December 22., 2002 Q Subject: 114 Furlong Way, Cotuit Legal Ref. # ------------------------------------------------------------------------------------------------------------ Q With regard to your question about the Zoning Board of Appeals decision �Q s� in Appeal No. 2000-64 and its implication upon your concerns about the Q �JL adequacy of the frontage on the subject lot, I have two follow-up questions. First, C1 - did the then-Building Commissioner, Ralph Crossen, issue a written decision '1� stating his reasons for denying the building permit? Specifically, did the Building j 0 Commissioner state the basis for his determination that the lot was no longer nonconforming and did in relate to the frontage issue? Also, the ZBA's decision references a 1996 variance (No. 1996-102). 1 was unsuccessful in trying to find the decision on the town's website. From the brief summary in the 2000 decision, it appears that variance may have been granted to rectify the lot frontage issue. It would be helpful to review that decision as well in light of some of the Board's findings in the 2000 decision. I am concerned that you may be under the gun on this. Unfortunately, I am only back Town for one day (today, Sunday) and I am not due back in the office until January 6th. If you need to deal with this before then, please feel free to call either Bob Smith or Dave Houghton. Have a wonderful New Year. w ■AILMA M A 163¢ ,�'" The Town of Barnstable Tsc N►o+ Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph M. Crossen Fax: 508-790-6230 Building Commissioner February 24, 1998 Elizabeth McNichols Dunning, Forman, Kirrane&Terry Shellback Place 133 Route 28 Box 560 Mashpee, MA 02649 Re: The Goonan Trust, 114 Furlong Way, Cotuit Dear Ms. McNichols, Thank you for your letter dated February 12, 1998 and opinion regarding the above subject. I have reviewed the information and the attached material and it is still my opinion that this must go to the Zoning Board of Appeals. Should you have any questions, please feel free to call. Respectfully, Ralph Crossen Building Commissioner l." 1 DUNNING, FORMAN, KIRRANE &TERRY, L.L.P. COUNSELORS AT LAW MICHAELA.DUNNING* SHELLBACK FLACE 508-477-6500 KEVINM KIRRANE 133 ROUTE 28 LOWER CAPE 508-255-7816 ELIZABETHA.MCNICHOLS BOX 560 FAX 508-477-5697 JEROME J.FORMAN`* MASHPEE,MA 02649 EMAIL dfkt@capecod.net PAMELA E.TERRY PETER R.HICKEY *Also admitted Illinois Bar BRIAN F.GARNER **Also admitted New Jersey Bar CAROLYN M.GARRAHAN""* ***Also admitted District of Columbia Bar February 12, 1998 Ralph Crossen, Building Commissioner TOWN OF BARNSTABLE 367 Main Street,4`I'Floor Hyannis, MA 02601 RE: The Goonan Trust Dear Mr. Crossen: This office represents The Goonan Trust, owner of the property known as 114 Furlong Way, Cotuit, Massachusetts. This letter is in follow up to your meeting with my partner, Kevin Kirrane, the other day. The lot, as originally subdivided, depended for frontage on a 50' wide strip on the Mashpee side of the Santuit River. A copy of the subdivision plan showing the original lot as shown on subdivision plan is enclosed. The current deed which conveys title of that 50' strip back to The Goonan Trust is intended to correct a title defect, not to create a new lot. The title to that 50' strip has been in dispute. The deeds in the chain of title have all recited that they convey Lot 14 on plan recorded in Plan Book 268, Page 4 of the Barnstable County Registry of Deeds, and recite the total acreage which includes the 50' strip on the Mashpee side of the Santuit River. Unfortunately, the metes and bounds description of the lot that is contained in the deed conflict with the description of the lot by reference to the lot as shown on the plan. Massachusetts Conveyancers' Association Standards (copy of which is enclosed), state that where a deed contains two inconsistent descriptions of the parcel land the more specific will govern, and further that ambiguous descriptions are cured by reference to a specific lot on a recorded plan. In our particular case we do have inconsistent descriptions where the more specific is the incorrect description, but our positions has been that the inconsistency was cured by reference to the lot on the recorded plan. Unfortunately, however, when The Goonan Trust went to sell this lot two years ago, the ambiguity gave rise to questions regarding the buildability. In obtaining a deed from Willowbend Development Corporation, which does not have clear title to Ralph Crossen; Building Commissioner February 12, 1998 Page Two this lot by virtue of the fact that a prior deed conveyed by reference to a subdivision plan this property, is designed to cure a title defect as the portion of the lot on which frontage depends. It would be appreciated if you would review the following attachments and reconsider your conclusion that we are creating a new lot, inasmuch we are simply resolving a title dispute as to that a portion of the lot. Enclosed are the following: ♦ Copy of subdivision plan ♦ Copy of deeds in the chain of title. ♦ Copy of Massachusetts Conveyancers' Association Title Standard Please contact me once you've had an opportunity to review my letter and the enclosures. I look forward to hearing from you. Very truly yours, Elizabet A. McNichols EAM:sdw cc: Stephanie Wall, Trustee The Goonan Trust gj° 05i1996 09a45 FROM Attorney James, R. Wilson TO 4775697 P• 02 AMENNINES i • • 1. 2392 103 20749 ems: SEA-LAKE CORPORATION f a corporation duty established und4r the laws of Commonwealth of Massachusetts ! and having its usual puce of businm at P.O. Box 264, Sandwich of Barnstable County,Namuhusetts, in considemUob of ---------ELLXENTHOUSAND DOLLARS AND NO/100ths------------------------- r grants.to RUTHANNE GROPER , 463 Bast Foster Street, Melrose, Na. 02176 ►'^!a E Mt with 4alUlaim rentogdo ' the land ib Barnstable (Sar.tuit), Barnstable Comity bound and described as follows: SOUTHERLY by Old Kings Road as shown on plan herein and after ` referred to, one hundred nineteen and 55/100ths r feet; :.r . .. WESTERLY ti, by Sartuit Rlver�as shown or. said plan, 'four hundred SOUT *TZTER.LY seventy eight and no/looths (478.00) feet more or less; NORTHW $i'ERLY ;, NORTHEASTERLY by Lot 13 as shown on said plan, one hundred sixty and ro/100ths (160.00) feet more or less; NORTHWESTERLY by Lot 13 as shown on said plan, one hundred eighty two and no/100th„ feet (182.00): NORT=STERLY b a y portion,of Lot 15 as shown on skid plow, eig�:ty and 27/100ths feet (80.27); .y SOUTWASTERLY by laud n6;.k,or forcerly of Raymond D. Crawford et ux (Santuit Colf Course) as shown on said plan, two hundred I sixty nine and 45/100ths (269.45) feet and; BASTERLY by land riow. or formerly,of Raymond D. Craw�old et ux onehmdred five azrd 52/100ths (105.52) feet as shorn !` on said plan. The conveyed premises contains 48.825 square feet and is shown'as Lot,,: 14 on Plan of Land entitled "HILLtREST'I plan of Land in Barnstable, '..�:.: Mass., Scale: I" . 1001, December 5, 1972 Ewald & Neschi Inc. Engineer- `! + ing Consultants, 908 Concord Street, Framingham, Mass., Route 6A, 'Sea-Take Building Sandwich, Mass." which said plan is . -'corded with.' Barnstable County Registry of Deeds in Plan Book 268, Page 4. a Together with a right to use the ways as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all :. j:.. purposes for which public ways are commonly used in the Town of Barnstable. There is reserved to the Grantor a right to grant further rights of way ti ; . and easements to public utility corporations in said ways. The granted premises are subject to restrictions as set forth in an instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCREST'", dated i August 1, 1973 and recorded with said Registry in Book 1916, Page 15, as amended by instruments recorded with said Registry in Book 2209, Page 268, and Book 2241, Page 94,. The granted premises are also subject to an easement to New England Telephone and Telegraph Company and New Bedford Gets and Edison Light � Company dated June 12, 1973 and recorded with said registry in Book 1876, Page 335; and to easements to Cotuit Fire District dated r . May 15, 1973 and October 22, 1975 and recorded with said Registry in Book 1994, Page 328 and Book 2255, Page 196 respectively. -Being a portion of Farces 2.in a deed from Raymond D. Crawford to Sea-Lake Corporated dated July 17, 1972 and recorded with said Registry. in Book 1691, Page 289. 07/05/1996 09:46 FROM attornev James R. Wilson TO 4775697 P.03 i •nnv7.`247 nr: e n � rY r e 1 71.. l... - I1t MibM2hnTd the said Sea-Lake Corporation ` has caused its corporate seat to be hereto s&od and these pgseents to be tad, eoknowladW sad daiivered in its rime and behaU by Paul Lynch, President and TrreaaUrer as hereto duly sudunwed,this &Y of TUNE ad n in the year one thowsios•hrmdred and seventy Piz. .i , Biped sad spied in praaeoce of Sea-Lake Corporation by Paul ;N For corporate authority see ,° ,: ;,.'ti• VOTE recorded with Barnstable S Registry-of Deeds in Book 2195, Page 39 j Its d r w;i .r+ f • �,�K fiy1M1YYYi�{L{ i Barastable EL ?U�IE 1.9 , 1976 Tbss psraonaigr app— d the above asmsd Paul Lynch, President and Treasurer Y f ?' and aokacsaeaaea the fon+soias W&Uument to be the Iree ad and deed of the sea-Lake Corporation bdaft me, Xy tommieeioa expire@ / i NT tsoti445+6%W-la", . � t�awurt�ttrtt s RECORDED SEPTEMHER 2, 1976 r - BOCK;j7�� rACE �� n•2r RUTFFA:'NE GROVER of 181 School Street, Cotuit, Barnstable County, Massachusetts i ofx ;l3cn¢xtyX33ox9aulnxuotst r: D in consideration of TWENTY FOUR THOUSAND ($2 4,00 0.00) DOLLARS '. grant to STEPHANIE G. WALL, Trustee of Goonan Trust, under Declaration of Trust dated June 27, 1983 to be recorded herewith, of 81 Columbus Avenue, West Bridgewater, Plymouth County, Massachusetts xodx .� with quttrinim rouenants ,4 ^' the land in Barnstable (Santuit) Barnstable County bound and described ` as follows: F - SOUTHERLY: By Old Kings Road as shown on plan herein and after referred to, One hundred nineteen and 55/100ths (119.55) feet; WESTERLY: By Santuit River�as shown on said plan, Four and No .00 hundred seventyei ht 100ths 478 4 g / ( ) feet more or less; l SOUTHWESTERLY, NORTHWESTERLY and NORTHEASTERLY: By Lot 13 as shown on said plan, One hundred z sixty and No/100ths (160.00) feet more or less; NORTHWESTERLY: By Lot 13 as shown on said plan, One hundred eighty two and No/100ths (182.00) feet; - i NORTHEASTERLY: By a portion of Lot 15 as shown on said plan, Eighty and 27/100ths feet (80.27); SOUTHEASTERLY: By land now or formerly of Raymond D. Crawford et ux (Santuit Golf Course) as shown on said ,y. plan, Two hundred sixty nine and 45/100ths ` H (269.45) feet; and ' { EASTERLY: By land now or formerly of Raymond D. Crawford F. et ux One hundred five and 52/100ths (105.52) feet as shown on said plan. �xr The conveyed premises contains -48,825 square feet and is.shown as. a n - _LOT 14 on plan-of land entitled "HILLCREST" Plan of Land in Barnstable : Mass:,Scale: 1"=100' December 5, 1972 Ewald s Maschi, Inc., Engineer- ing Consultants, 908 Concord Street, Framingham, Mass., Route 6A, -'+ 'Sea-Lake Building' Sandwich, Mass." which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268 Page 4. ` Together with a right to use the ways as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnstable. a'Y There is reserved to the Grantor a right to grant further rights of ways and easements to public utility corporations in said ways. ` = The granted premises are subject to restrictions as set forth in an ;;.�.�. instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCREST'" dated August 1, 1973 and recorded with said Registry in Book 1916 Page 15, as =` amended by instruments recorded with said Registry in Book 2209 Page K 268 and Book 2241 Page 94. y 'i • a 1l eaoK3781 FACE 152 The ranted g premises are also- subject t to an ease ment ement I to Ne w i England Telephone and Telegraph Company and New Bedford Gas- and Edi son so Li n Light COm an dated June I Book 187C Page 335; and tso2 easements dtoeCotuit WFireith sDistriaid ctsdatedn May 15, 1973 and October 22, 1975 and recorded with said Registry in i Book 1994 Page 328 and Book 2255 Page 196, respectively. FOR TITLE: See deed of Sea-Lake Corporation to me dated I June 29, 1976 and recorded with Barnstable Deeds Book 2392 Page 103• rH OF f 1 I m (l n _JUN?1'77:.; 7 [• A q -\ /- � � f-i `C-1. i=,3' I.l Executed as a sealed Instrumenthi uthis r1 + day of DUNE 19 83 �f I I�'I . �ter' - - O /L,r-�•�p� 3 _` Ruthanne.Grover d �c :...: j+ .;i - , 'I Ij ;�` if i tdhrf�cCmnanurealfh»f�tt�sathus�tzS June 83 5. l`! Then personall r'y appeared the above named RUTHANNE GROVER I i HER rqe set and deed and acknowledged the foregoing instrument to be , Before me, Notary Public- REM ti I My commission expires I, I i S ^{'`s REcU�f�t�JUN 27 83 a"i•�� is r. r k° (R eooY4498f ni: 243 18717 SEA-LAKE CORPORATION i a e Commonwealth of Massachusetts a corporation duly established under the laws of Th and having its usual place of business at P. O. Box 432, West Barnstable hiA 02668 of Barnstable County, Massachusetts, in consideration of Seep THIRTY THOUSAND AND NO/100THS DOLLARS ($30,000.00) paid grants to DANIEL C. HOSTETTER � - t ooudes of 500 Elliott Road, Centerville, :'iassachusetts 02632 Sol g { with qudrtafat rauenants gmdx�:bc A certain Parcel of land situated in 'Aashpee, Barnstable County, Massachusetts, mounded and described as follows: ' W WESTERLY by Quippish Road on four courses together measuring P0y}"&nL seven hundred fifty and 01/100 (750:01) feet; i NORTHERLY by land now or formerly of June Childs Wellman and Ruth 11. Ackerman, one thousand two hundred three (1203)feet, ! Le�� 1 � "'. more or less; EASTERLY 'bv -_thread of Santuit River., one thousand nine hundred (1900) feet, more or less; � ,• ?- SOUTHERLY by Old Kinqs Road, fifty and 00/100 (50.00) feet; - = WESTERLY by land now or formerly of June Childs Wellman and Ruth W. Ackerman, eight hundred seventy-five (875) feet, more or less; and SOUTHERLY by land now or formerly of June Childs Wellman and Ruth W. f za5 sA Ackerman, one thousand two hundred forty and 00/100 ; (1240.00) feet. Containing-23.2 `acres, and being shown as LOT 1 on a plan entitled "Plan of Land in Barnstable and Mashpee, rassachusetts for Raymond D. i; L -. rp Crawford, Scale: 1" = 100' , dated December 22, 1971 Charles N. Savery, P ;.G Incorporated, Registered Engineer, Surveyors, Hyannis, South Yarmouth", which said plan is duly recorded with Barnstable County Registry of ~i Deeds in Plan Book 259 Page 39. Subject to an easement to Cape &Vineyard Electric Company, the ! { location of which is shown on said plan, and to all other easements. III l M1. t V restrictions, reservatiuus,righi:s and riyi�ls of way of record, if i any there be, insofar as same are still in force and applicable. For title see deed of Paul J. Lynch dated November 5, 1979 and recor- $ ded with said Registry in Book 3012 Page 250. X � O In Munres 311hrrrof the said SEA-LAKE CORPORATION � i �A��:,. has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and " delivered in its name and behalf by Paul J. Lynch, President and Treasurer. i� hereto duly authorised,this day of in the year one thousand nine hundred and .eigh Signed and sealed in presence of v �; SEA-LAKE CORPORATION- by J �' v Paul J. Lvnc , President Treasurer -., _ , �" �i 1t�O1TllIIQ111llE��tDf�XfiSBthll�� 1L. 1985 Barnstable �• /U •� Then personally appeared the above named PAUL J. LYNCH, President and Treasurer k and acknowledged the foregoing instrument to be the free act and deed of the SEA LAKE CORPORATION twfArn mP �Gt a r;y. ! 1/1 a dy co c ,y I TITLE STANDARD NO. 27 TITLE REFERENCES AND DESCRIPTIONS 1. In order to convey good title, a description of a, parcel of land must be capable of referring to only one parcel. A description is not sufficient to convey title if.the land is described as part of a tract without a specific description of its location within the tract. Comment See McHale v. Treworgy, 325 Mass. 381, 90 N.E. 2d 908. 2. When a deed contains two inconsistent descriptions of a parcel.of land, the more specific will govern. In the absence of evidence in the deed of a different inten- tion, the descending order of priority is: monuments (including neighboring land of someone other than the grantor), courses and bearings in a running description, dis- tances and area. Comment See Ryan v. Stavros, 348 Mass. 251, 203 N.E. 2d 85. 3. Missing bounds, errors in direction or distance, and ambiguous descriptions are cured by reference to a specific lot on a recorded plan or by a title reference to a deed containing an adequate description. Comment See Ide v. Bowden, 342 Mass. 22, 172 N.E. 2d 88, Weller v. Barber, 110 Mass. 44. But a consistent metes and. bounds description is not affected by an inconsistent general reference. Cassidy v. Charlestown Savings Bank, 149 Mass. 325 and Morse v. Chase, 305 Mass. 504, 26 N.E. 2d 326. In a reference to title such words as 'Tor grantor's title, see. . . " have the same effect as "Being the same premises conveyed by. . .". A deed containing the former may not comply with G.L. c. 183 §6A. if the premises conveyed are part only of what was acquired under the earlier deed. A title reference containing a single error in date or book or page number is not on that account defective. Adopted May 15, 1978 a MASSACHUSETTS 27 CONVEYANCERS OASSOCIATTONO �� " i .a N&ar-68-00 01 : 50P P-O1 DUNNING & KIWNE, L.L.P. COUNSELORS AT LAW MICHAELA.DUNNING' SHELLBACK rLAo; ENIMLADDRESS KEvtNNI,K!RRANe, l;i'i ROtYl'E Z8 dfkl(i�?cupcc�d.net ELIZADETH A,WNICHOIS Box:GO RRIANt'•GARNER MASHPEE,MA 02649 wt;B SrrE dUnnit1)*rr4ncxom SE AN r.EARLYi08.4 7 7-6 S00 PATRICIA A14LX.AULF:Y FAX 508-477-5697 "Also u.imi4tcd 111itu,is liar FACSIMILE COVER SHEET TO: Ralph Crossen, Building Inspector FAX: 790-6230 RATE: 318!2000 f FROM: Elizabeth McNichols, Esquire RE: Total # of Pages (inclusive): It you do not receive a/t poges Or have any problenra with receiving,please telbphone immed4rely. Dear Mr. Crossen: In accordance with our telephone. conversation on Friday, I enclose a proposed letter relating to the property at 114 Furlong Way in Cotuit. Please feel free to change this letter in any way that you see fit. Once'it has been put on your stationery and signed, kindly forward it to me. The Information trartsmitted by this facsimile is considered Attorney priviledped and corttiderttial and is intended only firr the 14sc of tlhe irrdivitlh.ral irr entity naraetl. If the read r of'this rnessa,�e is not rite intc'rtdrd recipient,or the eml.loyee err agent responsible to deliver unto thr intended recipietit, yot.t should be trunhre that arry disserinnation, distribution,or copying o/'this eontntunicativn.r.'s slrictl y prohibited. if you hatre received this eommtatiration in error,please inr media tely notify us by telephone,and return thr•ariXinal message to its at the above address via line U.S. Postal Service. Thank You, Mar-Q8-00 01 : 50P P.02 Stephanie G. Wall, Trustee The Goonan Trust c/o Dunning & Kirrane, L.L.P. P. 0, Box 560 Mashpee, MA 02649 RE- 114 Furlong Way, Cotuit, MA Assessor's Map 8, Parcel 16 Dear Dr. Wall: I have reviewed the property that is owned by the Goonan Trust at the above referenced street address as the Barnstable Zoning By-Law pertains to said property. It is my opinion that this lot does not currently constitute a buildable lot under the provisions of the Zoning By-Law and that this matter must go to the Zoning Board of Appeals. Very truly yours, Ralph Crosson, Barnstable Building Inspector °PYRE The Town of Barnstable 9� epartment of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner April 3,2000 To Whom It May.Concern: I regret to inform you that your request for a building permit for 114 Furlong Way in Cotuit must be denied. It is our position that this lot.does not meet the dimensional requirements of zoning. Sincerely, Ralph M.Crossen Building Commissioner RMC/km t DUNNING & KiRRANE, L.L.P. COI.INSELOKS AT LAW NUCHAELA,DUNNING; SIIELLBACK PLACE EMAIL ADDRE.4s KEYINM.KIRRANE 133 ROun-28 d1k1(i,?cuprcoc�.ttct ELIZABUH A.MCNICI IOIS ®OX 560 - BRIAN V.C:ARNER MAS.I IPEE,MA 02649 WHi SITE dtuutingkirrunr.cont SEAN P.F,ARI,Y 508-477-&9oo PATRICIA MCGAULEY FAX 508-477.5G97 'Also admitted Illinois Bar February 14, 2000 Ralph Crossen, Building Commissioner Town of Barnstable Hyannis, MA 02601 Via Facsimile 790-6230 RE: 114 Furlong Way, Cotuit, MA Dear Mr. Crossen: As you may recall, the above referenced lot(plan attached)was the subject of a variance petition before the Board of Appeals in 1996. The variance was granted by the Board of Appeals but the abutters appealed the decision and it has been left at that point. We had attempted to have the neighbors buy the lot but they have declined, At this point we would like a letter from you denying an application for a building permit, (although one has not been formally submitted), so that your decision can be appealed to the Board of Appeals. I enclose a copy of my February 12, 1998 letter to you on this subject, After the Board of Appeals granted the variance and the abutters appealed, we worked with Willowbend Development Corporation and their attorneys to clear the clouded title to the 50 foot strip which caused us to have inadequate frontage in the first place. 1 know that at that point we asked your opinion as to whether the lot was buildable imd you took the position that it still needed to go to the Board. It is this decision we would like;to appeal, so if you could render a letter to this affect we will follow that course of action. If you have any questions,please feel free to call me, or if you would like me to come and meet with you and show the plans, etc,, I would be happy to do so.. I will be on vacation starting February 17 until February 28, but please feel free,to talk to Kevin Kirrane in my office,who is familiar with this matter should you have any questions. Very truly Yours, � _ Elizab McNichols EAM/Is Attachment cc: Kevin Kirrane Stephanie Wall, Trustee q \\bossl 1(0-d\work\dfkl9`,winword\eam\2000\crossen Ilr re 114 furlong.doc b0'ei ` TI :Eio 00—ZO—xpw Stephanie G. Wall, Trustee The Goonan Trust c/o Dunning & Kirrane, L.L.P. P. 0. Box 560 Mashpee. MA 02649 RE: 114 Furlong Way, Cotuit, MA Assessor's Map 8, Parcel 16 Dear Dr. Wall: I have reviewed the property that is owned by the Goonan Trust at the above referenced street address as the Barnstable Zoning By-Law pertains to said property. It is my opinion that this lot does not currently constitute a buildable lot under the provisions of the Zoning By-Law and that this matter must go to the Zoning Board of Appeals. Very truly yours, Ralph Crossen, Barnstable Building Inspector £o'd vox =6o oo-zo- '�pW _s DUNNING & KIRRANE, L.L.P. COUNSELORS AT LAW MICHAELA.DUNNING. SI1E11BACK PLACE t:MnIL AVOR ss KEVIN M.KIRRANE 133 ROUTE 28 etfkt;areuprcexl,net ELiZABC111 A.MCNIC'HoLs BOx AGO BRIAN F.GARNER MASHPEE,MA 02(;49 WEB Wr BRAN P.LARLY 50$-417•6 700 dunnin0irrator..c om FATRIC:IAMCGAULiY FAX 508-477.56; )7 *Also admitted Illinois Rur FACSIMILE COVER SHEET TO: Ralph Crossen, Building Inspector FAX: 790-6230 DATE: 3/8/2000 FROM: Elizabeth McNichols, Esquire RE: Total # of Pages (inclusive): If you do not tecelve all pages or have any probtems with receiving,please telephone iminadiatel y. Dear Mr. Crossen: In accordance with our telephone conversation on Friday, I enclose a proposed fetter relating to the property at 114 Furlong Way in Cotuit. Please feel free to change this letter in any way that you see fit. Once it has been put on your stationery and signed, kindly forward it to me. r^ . Tire information transmitted by this aesinaile is considered t � t r f J ` A tt r Ie y prtvrledged and conft'dnrtial anti rs intended enlly Jijr the use of the individual nr entity named, If the reader ol'this message is'taut the intended recithent,or the crnplayee or agent resporisibler to deliver,.into the intended recipient,you shvidd be aware that ari.y dissemination, distribution, at copying of this twinni4nication is strictly prohibited, if you have received this coninnutieatiot,in error,please inimedialely nnhfl/I. by telephonet;and rehtrn the original message to its at the ahom address via the U.S. Postal Sert,ice. Thank 1'mi, ZO'd b'Oi =60 00—Z0—X'QW li 83i0��1996 ®9toa FROM Apt,prn•w Jon•s A. Wll.an TO 4775697 P.01 i s s .1 apt, low w� a •Z oK to : .e . gF w �t �2 .� � N� �•r Spy,. ai.+� =o �' it �YA� EA O ado . � C. i•p w it•� O 61 •b F 1 g wZ9 �r '`` a � n•rr1�08>c 16223S�l� It as W oil �+ Sf. e►� .. I css . TNN+ 'W"a O&T'm 00-awke.. a, A•22,149'bF (t • ��, � %1*4w N66 •71W4 lark.•sa w u"ac,.waes '12 *r rooks CIO 9 at w.®TwY NA hem&-wares 2g'OCAip� i� C. amcaovolp Wrrm .talc VW%%Xw oftv4 •�� ,� • s•A•fl�fiYi' is S�Iri•4iR>r+.!�r t • �• QE;5 STEREO _:.Np SQRVE1OR. GATE: 1 — 4 w H I U-CREST" oLt)1 KI G5 ROAD • PLAN OF LAyC IN • rM1S tZw t6 ,aq►aaawra �T!+�r�eaverasYrwT Ba"1I�1`iSTPyBL.Er I'yiQJS•, Q1ar 1lYT eM YNarsc:s-�vaaau toa ao+o wr�> - _ ' 6w.aa� 6wawa. oa c�r4�p�J�K,a.Tr,v TO �+otui0le SCALE-. I� OLG 100 Etita3ER 5.1972 IM1►a.�irsB�fTt h..t�RAsB,Y orTuaT �®0�+ �arntwl� 3�+aa4�nef*t1w!►1 EWAI�/MASC.ka aNC. ENWNEEING CONS-,_TAws �R,luttM I B H 908 CO.rCORJ STREET, PMAMI GAM, MASS,�� PtUTE. 6A, SEA-LAKE AUILOaNG SAhbffl0•MASS. � �d 7e..... PETITiONEW 90-d VIT =a50 00-ZO-kew � r .`C� BAANSTA61E. ` L 1 rr'i^ i �.bJy. tea$ EA MPS� Town of Barnstable Zoning Board of Appeals Decision and Notice Goonan Trust/Wall -Appeal 2000-64 Appeal of a Decision of the Building Commissioner Summary Overruled Building Commissioner Applicant: The Goonan Trust/Stephanie G.Wall,Trustee Property Address: 114 Furlong Way,Cotuit Assessor's Map/Parcel: Map 008, Parcels 016 Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property is shown on Assessor's Map 8, Parcel 16 and is commonly addressed as 114 Furlong Way, Cotuit, MA in an RF Residential F Zoning District. The lot is vacant and is segmented by the Santuit River. Although addressed as Furlong Way, frontage for the lot is along Old Kings Road. A minimum lot size of 43,560 sq. ft. of contiguous upland and 150'frontage are required in this district. Lot 14, was created in 1973 by a subdivision plan for Sea-Lake Corporation, and approved by the Planning Board in January, 1973 (Subdivision#251, "Hillcrest"). When this plan was first presented to the Planning Board in 1972, the zoning in this area was RD-2, which required a minimum lot area of 20,000 square feet and minimum frontage of 125 feet. In March of 1973, Article 159 rezoned the RD-2 zoning district to RF and requiring a minimum lot area of one acre of upland. Lot 14 of this plan was shown with a 50 foot swath of land located across the Santuit River in the Town of Mashpee. The subdivision was sold in 1976. In this transfer, that portion of land located in Mashpee was left off the deed in the legal description.. Lot 14 was purchased by the applicant in 1983. In that transfer, the 50 foot portion of the lot in Mashpee was not included in the transfer. In 1996, the applicant attempted to secure the lot as buildable with the appropriate Variance. Variance No. 1996-102 for Bulk Regulations, Lot Frontage was granted with conditions. That decision was appealed. , In February of 1998, that part of Lot 14 located in Mashpee was transferred back to the applicant. The deed was recorded in 1999,recreating Lot 14 as it existed in the 1973 plan. The applicant attempted to secure a Building Permit for the lot but that permit was refused by the Building Commissioner. In his letter of May 17, 2000, the Commissioner states that the lot does not meet the dimensional requirements of zoning. l Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on June 08, 2000. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on August 02, 2000 at which time the Board overruled the Building Commissioner. Town of Barnstable-Zoning Board of Appeals-Decision and Notice Goonan TrustANall-Appeal 2000-64 Appeal of the Building Commissioner Hearing Summary: Board Members hearing this appeal were, Gene Burman, Dan Creedon, Ralph Copeland Tom DeRiemer and Vice Chairman, Gail Nightingale. Attorney Kevin Kerraine represented the applicant. He explained that this is an appeal of the decision of the Building Commissioner not to issue a Building Permit for development of a single-family dwelling on lot 14. He stated that the Lot 14 has existed since 1973. Mr. Kerraine gave the history of the lot. He stated that the land on the west side of the Santuit River, a fifty foot strip of land in Masphee, was included in the original deed to the lot and subdivision plan. In 1976 all land on west side was deeded to Mr. Hostetter, for Willowbend Development Corporation. Mr. Kerraine stated that this transfer placed a "cloud" on the title of Lot 14 and the land west of the river. The predecessor in title to Lot 14, Ruthanne Grover, had possession of the 50 foot strip of land as deeded to here. The 50 foot strip of land was inadvertently left off the transfer of Lot 14 in 1983 and the issue has been in land court for some time. The Board questioned why the lot was addressed on Furlong Way when the lots frontage was on Old King's Road. Mr. Kerraine explained that an easement was granted to the lot from Furlong Way because the topography of the.lot along Old King's Road was impractical for access. Gloria Uranas of the Building Division stated that the Building Commissioner maintains that the lot has lost its 1973 non-conforming status. Mr.Kerraine stated that Mrs. Wall's has obtained a deed from Willowbend Corporation for the 50 foot section of land in Mashpee, therefore recreating the lot and its non-conforming status as buildable. The Board reviewed the history of the lot from 1973 and zoning changes that may have effected the lot since that time. There was concern for the wetland portion verses the upland portion. Mr.Buckley spoke in opposition to the petition citing the problems of frontage, common lot ownership and conveyance. He supports the Building Commissioner's opinion. Ms. Mary Scolles spoke in favor of the petition. The Board discussed the ownership of the lot and other properties owned by the Walls. Kevin Kerraine stated that the lots were not in common ownership. Findings of Fact: At the hearing of August 02, 2000, the Board unanimously found the following findings of fact as related to Appeal Number 2000-64: 1. History of the lot is that lot 14 was created in 1973 and that part of the lot is located in the Town of Mashpee. 2. In the 1983 deed conveying the lot form Ruthanne Grover to Stephanie Wall, the meets and bounds of the lot were inconsistent with the original 1976 deed from Sea Lake Corporation to Ruthanne Grover and did not include the land on the opposite side of the river. 3. The 1999 deed for the 50 foot strip of land from Willowbend Development Corporation to Stephanie Wall did not serve to crate a new lot but to confirm the original 1973 Lot 14. 4. Based on established conveyance law principals and the Massachusetts Conveyancers Association the deed contains an inconsistent description and the entire lot was conveyed to Ruthanne Grover 5. Lot 14 has been in continuous existence since it was conveyed to Ruthanne Grover 6. The lot was not created when the deed to clear the title was recorded at Book 12542, Page 124; 7. The Building Commissioner incorrectly interpreted Lot 14 is a new lot and not entitled to non- conforming status. 8. The lot originally contained upland not shown in the 1983 deed. 2 r Town of Barnstable-Zoning Board of Appeals-Decision and Notice GUmnan Trust/Wall-Appeal 2000-64 Appeal of the Building Commissioner Second: Tom DeRiemer Additional Finding: Dan Creedon The lot originally contained upland not shown in the 1983 deed VOTE: AYE: Gene Burman, Tom DeRiemet, Ralph Copeland, Dan Creedon, Gail Nightingale NAY: None Decision: Based on the findings of fact, a motion was duly made and seconded to Overrule the Decision of the Building Commissioner, VOTE: AYE: Gene Burman, Dan Creedon, Ralph Copeland Tom DeRiemer, Gail Nightingale Vice Chairman NAY: None Ordered: Appeal 2000-64 The Decision of the Building Commissioner has been Overruled. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)da_ys a er a date of the fill of this decision in the office of the T72/�o n Clerk. 0 G * Nightingal ice Ch i man, Date Signed U da Hutche ider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this 5 day of4,��k a under a pains and.penalties of perjury• f' c: a Linda Hutchenrider, Town Clerk 3 _ J Planning Labels ll-✓UI-00 RefNo mappar ownerl owner2 addr city state zip 64 008 001 THOMAS, KATHERINE S P 0 BOX 74 COTUIT MA 02635 008 012 PETERSON, LISA S 182 TROUTBROOK RD COTUIT MA 02635 v 008 613 MARTEL, JANET B TR JANET B MARTEL INVESTMENT TRUST 95 FURLONG WAY COTUIT MA 0263540 008 014 MASON, RICHARD A & MARY J 113 FURLONG WAY COTUIT MA 02635 v 008 015 MASON, RICHARD A & MARY J TRS RIVERSIDE TRUST 113 FURLONG WAY COTUIT MA 02635 v 008 016 WALL, STEPHANIE G TR GOONAN TRUST PO BOX 840 COTUIT MA 02635 to 4 022 005 IZBICKIS, LONGINAS & DANUTE 131 OLD KINGS RD COTUIT MA 02635 v 4 022 006 RICE, DEWEY E & DIANA D 145 OLD KINGS RD COTUIT MA 02635 � 022 087 BARTOL, SAMUEL W & MARIAN 90 PLEASANT STREET SO NATICK MA 01760 to -t 022 088 AGNEW, RANDALL C & DONNA M 94 FURLONG WAY COTUIT MA 02635 V 022 08'9 MCQUEENEY, THOMAS A & ELLYN %COMMERCIAL FEDERAL MTG CORP P 0 BOX 1103 OMAHA NE 68101 v 022 090 KEEBAUGH, TERRY L 3870 REDCOAT WAY ALPHARETTA GA 30022 r 022 091 BUCKLEY, LEO E JR & ANNE S 154 OLD KINGS ROAD COTUIT MA 02635 ✓ A 022 092 MAJOR, DAVID B & STOCKWELL, KATHERINE C P 0 BOX 1938 COTUIT MA 02635 ✓ 4: 022 053 LOCKE, DEXTER H & CATHERINE 130 OLD KINGS RD COTUIT MA 02635✓ $i 022 094 HARVEY, JOHN V & MARJORIE M 116 OLD KINGS RD COTUIT MA 02635✓ Ae 022 10'9 PHELAN, DANA C & BOTELLO—PHELAN, TERRI 7 ABBEY GATE COTUIT MA 02635 ✓ -& 022 110 CONSTANT, RUTH E 200 SWANTON ST, APT 617 WINCHESTER MA 01890✓ 4 022 122 DOSCH, ROBERT E & JOAN 10 QUEEN ANNE LN COTUIT MA 02635 v 022 123 SCHULZE., WILLIAM L 65 CROCKER ST CENTERVILLE MA 02632.r 1 .c.:'.s,B.. •^�z ._ter-a. .s+xf a3` f '7 EtA�+` na- ,.eai•,a�i Y .?" !x LEGAL NOTICES W. a F ' A h .MW Xf .: JM 20. AM To all p f aesEed m or affected by the " of App,_ s ndar Sec.t t 0' ter 40A of the�� al haws of the Commonweakh of slits.and all amerxi nts to yfNi r ¢ t�tat pFv�ac +M �4 TItI a rti If Tn1S Fa hP s gsto�i f tfl�84�fidln ... ( f : sc► e d, ec eta oiir lia$ttitinatie 11 s.:Qf zQntng:' .The;prope .:is oho 'cur.: Assessors Map UE&Pareei 0t band is commonly addressed as 114 Furlong Way,Cotuit, MA tn.an RF Etesrdentlal F ontng�tstrict t 8 OO:PM Mors Appeal Nombei 264_gj := GndY.M ng Board of Appeals for a Vartanc tik the operation of a.nml boubyue, Tliie is shown m,,..: and is crommonly addressed as go$'hod.Street, Hyagnis asidential Zoning Cbstnct 8 15 P1Vf. Appeal Ngrnber 200Q,6¢ Estate o IF3 has applied!o the, fining iIo,M d of P peik for a VananGe 4 ona.height&stye tadllow 1, 4 free startdfig signs of a. 6APtna fi x et h�gfi The prrgspeefly i wn bn Assess3eis ftAep 2g , " aoi is colonl �eeif fi13 tyannqugh.Fld # AP- � � s� 6iHr�l► 1rpslnd tndusirialening; Inc w 3Q:��Ge_n i # iea�l�ain��'er2000-67 u Centro! Mgt:has ept�ed to the Z `Sech�o Tt at usinest(Iistr#cts,tfs ~/' eealSlel bla2 TZ anaid rccmmonly addressed Appeal Number 2000 58 d k ` t fi&.A-,k hdMa fi So0tN00es has applied totheZolhgSpatdofAppearsfie8pecieF 1'errri�t trrde ecf 4 2,�z,a,c �4€ r ei 6r3t� 4 4(1? nsRsn of llorFi✓oriFommig ui ding wtth rereFlca to yard setbacks end!o!coverage The property_ is shown on Assessors Map 29 ,Parcel 022 and is commonly addressed ea 3�25 Main Sub,ot,Barktable MA,in a VB:A Village OgOinesq A Zoning District. theee RGbirc k6dt►1ga u�lkbd �F►ttfe�teanrrg l'6 Second Mode Town Hall �67 Win' Stfee.Hyannis �4l,_. 6eh4-- 1 (irt ednesday �,tiug�st tS2 200t3: All plans and ep5p�ei� t�qn mad he revie at fhe Zoningond of A,ppeals Qfhce Town►of Barnstable,Piannii►g• �3epartmen�11�0�t��t�eet�,}iyefir►is;MA. . ffori S.Jafissdn:"CKatem n Zoning 8baW of Appeals The:Barnstable Patriot, July 13,2000 and July 20,2000„. D p TJt'IvIN CI_ERI Cf tME fD,AA+ NS FILE COPY ONLY! ', Town of Barnstable NOT RECORDED AT Zoning Board of Appeals Decision and Notice REGISTRY OF DEEDS x r oonan Trust[Wall -Appea12000-64' Appeal of a Decision of the Building Commissioner Summary Overruled Building Commissioner Applicant: The_Goonan Trust/Stephanie G.Wall,Trustee Property Address: 114 Furlong.Way, Cotuit.`t Assessor's Map/Parcel:FMap 008, Parcels 016 Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property is shown on Assessor's Map 8, Parcel 16 and is commonly addressed as 114 Furlong Way, Cotuit, MA in an RF Residential F Zoning District. tThe lot is vacant and is segmented by the Santuit River. Although addressed as Furlong'Way, frontage for the lot is alongbld'Kings'Road' A minimum lot size of 43,560 sq. ft. of contiguous upland and 150'frontage are required in this district. Lot 14, was created in 1973 by a subdivision plan for Sea-Lake Corporation, and approved by the Planning Board in January, 1973 (Subdivision#251, "Hillcrest"). When this plan was first presented to the Planning Board in 1972, the zoning in this area was RD-2, which required a minimum lot area of 20,000 square feet and minimum frontage of 125 feet. In March of 1973, Article 159 rezoned the RD-2 zoning district to RF and requiring a minimum lot area of one acre of upland. r Lot 14 of this plan was"shown with a 50 foot swath of land located across the Santuit River in the Town of Mashpee. The subdivision was sold in 1976. In this transfer, that portion of land located in Mashpee was left off the deed in the legal description. Lot 14 was purchased by the applicant in 1983. In that transfer, the 50 foot portion of the lot in Mashpee was not included in the transfer. In 1996, the applicant attempted to secure the lot as buildable with the appropriate Variance. Variance No. 1996-102 for Bulk Regulations, Lot Frontage was granted with conditions. That decision was appealed. In February of 1998, that part of Lot 14 located in Mashpee was transferred back to the applicant. The deed was recorded in 1999, recreating Lot 14 as it existed in the 1973 plan. The applicant attempted to secure a Building Permit for the lot but that permit was refused by the Building Commissioner. In his letter of May 17, 2000, the Commissioner states that the lot does not meet the dimensional requirements of zoning. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on June 08, 2000. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on August 02, 2000 at which time the Board overruled the Building Commissioner. ' Town of Barnstable-Zoning Board of Appeals-.Decision and Notice Goonan Trust/Wall!fAppeal 2000-64 Appeal of the Building Commissioner Hearing Summary: Board Members hearing this appeal were, Gene Burman, Dan Creedon, Ralph Copeland Tom DeRiemer and Vice Chairman, Gail Nightingale. Attorney Kevin Kerraine represented the applicant. He explained that this is an appeal of the decision of the Building Commissioner not to issue a Building Permit for development of a single-family dwelling on lot 14. He stated that the Lot 14 has existed since 1973. Mr. Kerraine gave the history of the lot. He stated that the land on the west side of the Santuit River, a fifty foot strip of land in Masphee, was included in the original deed to the lot and subdivision plan. In 1976 all land on west side was deeded to Mr. Hostetter, for Willowbend Development Corporation. Mr. Kerraine stated that this transfer placed a "cloud"on the title of Lot 14 and the land west of the river. The predecessor in title to Lot 14, Ruthanne Grover, had possession of the 50 foot strip of land as deeded to here. The 50 foot strip of land was inadvertently left off the transfer of Lot 14 in 1983 and the issue has been in land court for some time. The Board questioned why the lot was addressed on Furlong Way when the lots frontage was on Old King's Road. Mr. Kerraine explained that an easement was granted to the lot from Furlong Way because the topography of the lot along Old King's Road was impractical for access. Gloria Uranas of the Building Division stated that the Building Commissioner maintains that the lot has lost its 1973 non-conforming status. Mr. Kerraine stated that Mrs. Wall's has obtained a deed from Willowbend Corporation for the 50 foot section of land in Mashpee, therefore recreating the lot and its non-conforming status as buildable. The Board reviewed the history of the lot from 1973 and zoning changes that may have effected the lot since that time. There was concern for the wetland portion verses the upland portion. Mr. Buckley spoke in opposition to the petition citing the problems of frontage, common lot ownership and conveyance. He supports the Building Commissioner's opinion. Ms. Mary Scolles spoke in favor of the petition. The Board discussed the ownership of the lot and other properties owned by the Walls. Kevin Kerraine stated that the lots were not in common ownership. Findings of Fact: At the hearing of August 02, 2000, the Board unanimously found the following findings of fact as related to Appeal Number 2000-64: 1. History of the lot is that lot 14 was created in 1973 and that part of the lot is located in the Town of Mashpee. 2. In the 1983 deed conveying the lot form Ruthanne Grover to Stephanie Wall, the meets and bounds of the lot were inconsistent with the original 1976 deed from Sea Lake Corporation to Ruthanne Grover and did not include the land on the opposite side of the river. 3. The 1999 deed for the 50 foot strip of land from Willowbend Development Corporation to Stephanie Wall did not serve to crate a new lot but to confirm the original 1973 Lot 14. 4. Based on established conveyance law principals and the Massachusetts Conveyancers Association the deed contains an inconsistent description and the entire lot was conveyed to Ruthanne Grover 5. Lot 14 has been in continuous existence since it was conveyed to Ruthanne Grover 6. The lot was not created when the deed to clear the title was recorded at Book 12542, Page 124; 7. The Building Commissioner incorrectly.interpreted Lot 14 is a new lot and not entitled to non- conforming status. 8. The lot originally contained upland not shown in the 1983 deed. 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Goonan Trust/Wall-Appeal 2000-64 Appeal of the Building Commissioner Second: Tom DeRiemer Additional Finding: Dan Creedon The lot originally contained upland not shown in the 1983 deed VOTE: AYE: Gene Burman, Tom DeRiemer, Ralph Copeland, Dan Creedon, Gail Nightingale NAY: None Decision: Based on the findings of fact, a motion was duly made and seconded to Overrule the Decision of the Building Commissioner: VOTE: AYE: Gene Burman, Dan Creedon, Ralph Copeland Tom DeRiemer, Gail Nightingale Vice Chairman NAY: None Ordered: Appeal 2000-64 The Decision of the Building Commissioner has been Overruled. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) Ays after t e da of the filing of this decision in the office of the Town Clerk. BSoa i Gail ightingale ice ChaTi Date Signed I Lin a Hutchen ' er, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. n Signed and sealed this day o o e under the pains and penalties of perjury. = ~ Linda Hutchenrider, Town Clerk - s 3 Planning Labels ]I-Jut-00, RefNo mappar ownerl owner2 addr city state zip 64 008 001 THOMAS, KATHERINE S P 0 BOX 74 COTUIT MA 02635 ✓ + 008 012 PETERSON, LISA S 182 TROUTBROOK RD COTUIT MA 02635 ✓ 008 013 MARTEL, JANET B TR JANET B MARTEL INVESTMENT TRUST 95 FURLONG WAY COTUIT MA 02635 ✓ 008 014 MASON, RICHARD A & MARY J 113 FURLONG WAY COTUIT MA 02635✓ 008 015 MASON, RICHARD 'A & MARY J TRS RIVERSIDE TRUST 113 FURLONG WAY COTUIT MA 02635 ✓ 1* 008 016 WALL, STEPHANIE G TR GOONAN TRUST PO BOX 840 COTUIT MA 02635 ✓ 4 022 005 IZBICKIS, LONGINAS & DANUTE 131 OLD KINGS RD COTUIT MA 02635 ✓ 0 022 006 RICE, DEWEY E & DIANA D 145 OLD KINGS RD COTUIT MA 02635 ✓ 022 087 BARTOL, SAMUEL W & MARIAN 90 PLEASANT STREET SO NATICK MA 01760 ✓ 022 088 AGNEW, RANDALL C & DONNA M 94 FURLONG WAY COTUIT MA 02635 ✓ 46 022 08'9 MCQUEENEY, THOMAS A & ELLYN %COMMERCIAL FEDERAL MTG CORP P 0 BOX 1103 OMAHA NE 68101 ✓ 4 022 090 KEEBAUGH, TERRY L 3870 REDCOAT WAY ALPHARETTA GA 30022 ✓ �oan-nn _vvcnt rr i �cnF?3f b 3838 REBeS T ;Hky fttFHftftFTTA aft 58822 022 091 BUCKLEY, LEO E JR & ANNE S 154 OLD KINGS ROAD COTUIT MA 02635 ✓ 022 092 MAJOR, DAVID B & STOCKWELL, KATHERINE C P O BOX 1938 COTUIT MA 02635 ✓ t 022 093 LOCKE, DEXTER H & CATHERINE 130 OLD KINGS RD COTUIT MA 02635✓ 022 094 HARVEY, JOHN V & MARJORIE M 116 OLD KINGS RD COTUIT MA 02635✓ , 022 169 PHELAN, DANA C & BOTELLO-PHELAN, TERRI 7 ABBEY GATE COTUIT MA 02635 ✓ 022 110 CONSTANT, RUTH E 200 SWANTON ST, APT 617 WINCHESTER MA 01890✓ 022 122 DOSCH, ROBERT E & JOAN 10 QUEEN ANNE LN COTUIT MA 02635 Y 022 1,23 SCHULZE., WILLIAM L 65 CROCKER ST CENTERVILLE MA 02632✓ 1 NOTICESLEGAL r. T B�► �1iSTA 4E QNIIIIG BQIIRD.�OI /IhR A4 a �11 TIO Q PU,� C HEARINEaL„EJNDR THEZ NI�IIG ORNIIIi/►N d►UGU� b�►p2000 :� � . To all person 4 t re tested m or affected by the Boas kuf A' 'upde1Sec 11 of ter 40A of he�etSemel l4aws'of the Commonwealth of I Abased setts;aril all amendm nta thereto y ti led that ,er g rT y t 7 e � 1P1oQrlan at1 lk� lpdal Numberl200 I t UA Th 6000ans/�Ste hams C Wall Trustee hag�ppeglc the decklon of tH BUtdlrig mrh r s tec�irti; ettdte�t#ls�t7 � fQwhrctstes aytur reeugsfgre Idrng;pbrinrf4►g 1ay inatult mtrst be dtrfed`(frs,our•positron tFiat thtslot' :d• ngt m aJ di"srona;requ l�te�ts of ot�ing ' The�proRert}t is strowll:o � Assessors Map 008 Parcel0l�yand rs commonly addressed as t 14 Furlong Way Cotuttr MA irrait RF Residential F Zoning bisttict • 8 00 Plvl Moreshead Appeal Ngmbei'100 , .4 Cindy INoresheg�has a plie tot Zonrng Board of Appeala foF.a Varianc t ec h i 2 1(1) p cl i d 1a�s tcs eI1Qw the operatign of a nail boutique Fhe p'ro0rty s shown iii A� ssr�ep33�Parce�2§2 and is comnonlyadtlressed a 60 ScPool Street; Hyanrn � ,�r�alFiDPoiepsomahtResrdentral Zoning District 815 P y Estaf pfJa es Gampik $App`eai Number 20d66�1� Estate ofrsCcnrp !(estr e171v all}has applied to the Zoning Qgb1d o Appea fora' Vanance Za Sergi io�4 3 Ig a egul tong 1?erght 8 gigs t4 allow_ o free standing si ns of approxrirsgtefjc3d�ftea�rF�3�l feet high The property is ahwn a assesso" s Ma'p�95 P efs�1 (Q1 aid PgelQ4k9OFZ.rrslco'rpron[yW. WiRAad � sseasJ 513 tyanrrough Rd 5( outel3 ,� annrgMA;rrraB u�ess=4iBWrghwayiusir>iessandlndlneugtrialZoning ; �Drst c �Y. .+2.�3, x I'31 ^'.! $30 fit i Central Ca odg MIN , ,� Appeal slumber 2000 67 Ca Co l GNP, t yr LAC /b WKI o�Ca a Centrel Cap Dodg�ha$a plied to the ; �. { Zoning 6og�gf Appears�far a Van nine t�� ectron4Sy(43 Qr� iSuSinessjrs3ficts,tb r a7IgwaVIseom�rg e 91%show�n o Assessors I�Asp 45 Rarcel02 t ti�2:and Is oQrhmonlyaddressed i0 �ohdlyannrshr In a BBuSrnes$Zojring District =�j a t a pv h�rgtilart c Appeal Number 2000 68' Dart&-lnclre, ,.d6 ianspn trustees has ap8l�ed to the�omng Board ofAppeals fSra S�eciek• . P 'ntdefectlt�n _ Reduicnaf((Fia9) e4t{ sent end a 4t22 Fpensron,o>:; Nor>Con ormmg Bur ding with reference to yard setbacks and lot coverage�Thg properly rs shown on Assessors Map 29 ;:Parcel 0�2 and is commonly addressed ag,3r225�ylalq Street,.Barnstable MA in a VB A Villa e:Busrhess A Zoning Distnct. : " there Pi,bl b Hsandgs mill be IiekYirytheQanng Icoh�"S'ecorid Floor.Town Halli337 Main i Street HYenrtig assac iyrSettS q,Y_VA400sObwAugust 02,. 009 All plans dndappUce tr t ay be reviev d`at-t ie onrn0 oard oaf ppea s Office Town of Bgmstable PlanAiow De artmen 230outhr@et yaryus WIA r {A a :� r.frr r . .3 P fir E=ttr a;rY 1 sasL Zoning Board.of Appeals t The BamstabieyPatpot r. ra ~ r July 13,2000 and July 20.20001 ... i r a Locus: 114 Furlong Way, Cotuit Assessors Map 8, Parcel 16 03/05/1996 09:44 FROM Attorney James R. Wilson TO 477.5697 P.0.1 bAl 911 in 4 II[a5*a1•.:awrr JAL SARGENT V. UX. oz 25.210f h ree b py�Q 33 �sy d� '+rap 2. +'g,•32 •�. �'�'� tyr ;w LOSL 2,20 r q APE ' •21 k t Is,a2f"S120. '• �V 29671&-- F +�, • '22s S,le O• w w '� cc A•10�� •srai �O 0-6 z F � � -,tea+. ♦�.lOt�```'-•0.2�s2S S Q �: c t • � 9 ss �/ A 31 SW C o A?' 20 A�20 tg5 ��•18 �r , A.27. .y Q. ,.M SF «fir • T..4S Ptaµ eY TWM E-3^QWrA0LZ?.�►w...�, ✓' F r� jp A-22.14S v g+-Y+.� 1aAS �ssK Ccta:vv�s w� eo ` ` L:aDG �� -. ` IfY T1115 O47YX fwn Twti-r NO `rl�i w�2 a' 0MK%'J1ZP �r7r le6 1"�.z l�.{g►Sfv L'r►liS Za&.K.» �b� sec"• .��P^S aw-e :.. 9.3 TavAj r 4'Z3900-`eF �-e'er}' ~ � •, 1• r ti ..` ma's _ REG:STEREO _%.N 0 SURVEYOR: -- 17 E= � c ,a i T e •.- f .l�. •A — — H I LLCRESTr OHO 147 �K ROAD FLAN OF LAND IN . 144is tZr-u is ArradvR!h aH'r"=C4,.ere+1MY«wT �ARNSTABLE MASS. tic wT kH Ti,ar Sc:�.�v:s,cu W SOLD &%z ho � ASS 5u1L-x..` "`A&A I• eQALea1e QLJT"Tb•w 2UQL,Q is SCALE; I- ;00 DECEMBER 5,f872 1k10i&bV2F.E/dT6 N,a{:E6Soa'y •CO AC�"L7.► �c ' 5ar_" LOT kwvc p061rm C.eenP%juraft-MTM•Si S;0MgP%0r►Qa £WALD41VASC.141 INC. CNGI"%EER1%-G CONSJ_TANTS cr't'►�a �,b. 908 CONCOFM STREET, FRAMING-fAM, MASS. �I'tc�lJi Bt:E t71JtiJF� A� R^UTE, 5A, 'SEA-LAKE BUILDING. SANDWIG►a,'MASS. PETITIONEIr t f , eaa�2392 P uc 103 20749 SEA-LAKE CORPORATION a corporation duly established under the laws of Commonwealth of Massachusetts and having its usual place of business at P.O. Box 264, Sandwich of Barnstable County, Massachusetts, in considoration of ELEVEN THOUSAND DOLLARS AND NO/100ths------------------------- arantato RUTHANNE GROVER , 463 East Foster Street, Melrose, Ma. 02176 i i Xt with *01alw tannutds the land in Barnstable (Santuit), Barnstable County bound and described as follows: SOUTHERLY by Old Kings Road as shown on plan herein and after referred to, one hundred nineteen and 55/100ths (119.55) feet; WESTERLY by Santuit River as shown on said plan, four hundred SOUTHWESTERLY seventy eight and no/100ths (478.00) feet more or less; NORTHWESTERLY NORTHEASTERLY by Lot 13 as shown on said plan, one hundred sixty and no/100ths (160.00) feet more or less; NORTHWESTERLY by Lot 13 as shown on said plan, one hundred eighty two and no/100ths feet (182.00); NORTHEASTERLY by a portion of Lot 15 as shown on ;said plan, eighty and 27/100ths feet (80.27); t SOUTHEASTERLY by land now or formerly of Raymond D. Crawford at ux (Santuit Golf Course) as shown on said plan, two hundred sixty nine and 45/100ths (269.45) feet and; EASTERLY by land now or formerly of Raymond D. Crawfold et ux one hundred five and 52/100ths (105.52) feet as shw n on said plan. The conveyed premises contains 48,825 square feet and is shown as Lot 14 on Plan of Land entitled "HILLCREST" Plan of Land in Barnstable, Mass. , Scale: III - 1001, December 5, 1972 Ewald & Masohi Inc. Engineer- ing Consultants, 908 Concord Street, Framingham, Mass. , Route 6A, 'Sea-Lake Building' Sandwich, Mass." which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Together with a right to use the ways as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnsta le. . There is reserved to the Grantor a right to grant -further rights of way and. easements to public utility corporations in said ways. The granted premises are subject to restrictions as set forth in an instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCREST"', dated August 1, 1973 and recorded with said Registry in .Book 1916, Page 15, as amended by instruments recorded with said Registry in Book 2209, Page 2689 and Book 2241, Page 94. The granted premises are also subject to an easement to New England Telephone and Telegraph Company and New Bedford Gas and Edison Light Company dated June 12, 1973 and recorded with said registry in Book I 1678, Page 335; and to easements to Cotuit Fire District dated May 15, 1973 and October 22, 1975 and recorded with said Registry in Book 19940 Page 328 and Book 2255, Page 196 respectively. ` Being a portion of Parcel 2 in a deed from Raymond. D. Crawford to -ir. -10vnn 3 ...44-U -. 4A 0n..4a4-mr m 2392 rue 104 II " 6 A • EA'UH,QF.MASWAUS&M,I, (� SEP2..t1- JitwbtwI the said Sea-lake Corporation has amused its corporate Beal to be han to dLud and these presents to be armed, acknowledged and deUvend.in its name and behalf by Paul Lynch, President and Treasurer Li hereto duly authorised,tbb 2.9 7W day of 7UIV p in the year one thousand ainWiuhdred and seventy s$7C. : . . :.:.._. g*W and sealed in p ,a of Sea-Lake Corporation by i' For corporate authority see ; r` �' '�`°'•: .: y '' ': ": VOTE recorded with Barnstable Registry of Deeds in Book 2195, Page 39 atQ101t�ill -if EAft t�C� Barnstable @L j*VNLE 3.qj 1,06 Thee pwmwWbr appeared the abeve named Paul. Lynch, President and Treasurer and noknowkkw the fomping inateument to be the free pot and deed of the Sea-Lake Corporation WON men My commiedon expires R aorllwioK Rzw�' `' 503781 ma i51 ti��91 RUTIIA::NE GROVER of 181 School Street, Cotuit, Barnstable County, Massachusetts }i (f • ofx _ 3QOnXDy;[jCt� in consideration of TWENTY FOUR THOUSAND ($24,000.00) DOLLARS - grant to STEPHANIE G. WALL, Trustee of Goonan Trust, under Declaration of of Trust dated June 27, 1983 to be'recorded herewith, of 81 Columbus Avenue, West Bridgewater, Plymouth County, Massachusetts X06C ' with quttr(ai:n tautnants f the land in Barnstable (Santuit) Barnstable County bound and described as follows: SOUTHERLY: By Old Kings Road as shown on plan herein and after referred to, One hundred nineteen and { . 55/100ths (119.55) feet; WESTERLY: By Santuit River as shown on said plan, Four hundred seventy eight and No/100ths (478.00) r feet more or less; SOUTHWESTERLY, NORTHWESTERLY and NORTHEASTERLY: By Lot 13 as shown on said plan, One hundred a sixty and No/100ths (160.00) feet more or less; j� NORTHWESTERLY: By Lot 13 as shown on said plan, One hundred ' eighty two and No/100ths (182.00) feet; NORTHEASTERLY: By a portion of Lot 15 as shown on said plan, may. : Eighty and 27/100ths feet (80.27); SOUTHEASTERLY: By land now or formerly of Raymond D. Crawford et ux (Santuit Golf Course) as shown on said plan, Two hundred sixty nine and 45/100ths (269.45) feet; and EASTERLY: By land now or formerly of Raymond D. Crawford et ux One hundred five and 52/100ths (105.52) ' " t feet as shown on said plan. The conveyed premises contains 48,825 square feet and is shown as LOT 14 on plan of land entitled "HILLCREST" Plan of Land in Barnstable ' Mass.,Scale: 1"-1001, December 5, 1972 Ewald s Maschi, Inc., Engineer- ing Consultants, 908 Concord Street, Framingham, Mass., Route 6A, 'Sea-Lake Building' Sandwich, Mass." which said plan is recorded with Barnstable Count Registry y g ry of Deeds in Plan Book 268 Page 4.,tee Together with a right to use the was as shown on said plan in common •�;... : 9 9 Y with all others now or hereafter lawfully entitled thereto for all purposes for which public was are commonly used in the Town of Barnstable. Y Y "w There is reserved to the Grantor a right to grant further rights of ways and easements to public utility corporations in said ways. Y The granted premises are subject to restrictions as set forth in an instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCREST'" dated August 1, 1973 and recorded with said Registry in Book 1916 Page 15, as r'-'- amended by instruments recorded with said Registry in Book 2209 Page 268 and Book 2241 Page 94. v: L t ,�. .. -.....,.. .,r,-,_.�...ws•ne _.tea,. xauwm.., �. ,. .. .............,._.» ...�� - 4. eoox378i PAGE 152 to +�• , ' ?i + The granted premises are also subject to an easement to New England Telephone and Telegraph Company and New Bedford Gas and Edison Light Company dated June 12, 1973 and recorded with said Registry in =` Book 187E Page 335; and bo easements to Cotuit _Fire District dated May 15, 1973 and October 22, 1975 and recorded with said Registry in Book 1994 Page 328 and Book 2255 Page 196 respectively. i FOR TITLE: See deed of Sea-Lake Corporation to me dated ..'..Y" I June 29, 1976 and recorded with Barnstable Deeds Book 2392 Page 103. ^F �11, I .I i � • __ 52 K 5~ 1 I ! . is \?„• I r ' , i �. 1-7 - 5 4r z r C Execntxd as a sealed inatru:aent thL . r ; d41 of JUKE 19 83 jr Rutha a Grover ;� •t, I I a ------------- — ; ---------------- ' �hef�raawt�Ifltaf�titlttt�let#s June o?7 19 83 Then personally appeared the above named RUTHANNE GROVER " and acknowledged the(oregoing lnaerument W be HER "t ►fie sot and deed�� t Before me,' t Narery Paine—Xm My commission expires g i , + • I ! RECAED JUN 27 83 I , • y1V f ' , soax3781 FUE 146 ow .,�•r,_,,,;�a; DECLARATION OF TRUST R k � GOONAN TRUST Dated: June :.7, 1983 Place of Recording: Barnstable County Registry of Deeds ; Barnstable, Massachusetts Stephanie G. Wall of West Bridgewater, Plymouth County, Massachusetta, .hereby declares that she and her successors in trust will hold any and all property that I may be transferred to her as Trustee hereunder, for the sole I r benefit of the beneficiary hereof, the said term "beneficiary" ,ai�ri 11I1,. meaning the beneficiary or beneficiaries listed in a Schedule of Beneficial Interests filed with the Trustee or in a revised i s T {a Schedule of Beneficial Interests, if any, from time to time I i �, •I�: filed with the Trustee in the manner hereinafter provided. 2. The Trustee shall hold the principal j I� ' •' i of this trust for the benefit of the beneficiary, and shall , ! ! . from time to time pay over the principal pursuant to the directions FI }! of the beneficiary. The Trust may be terminated at any time i. a '1l by the beneficiary by notice in writing to the Trustee or i, t by the Trustee by notice in writing to the beneficiaryt the I. 1 a k I •, �; , Trust shall terminate twenty years after the death of the last survivor of the original beneficiary hereunder; and in any event shall terminate on January 1, 2014. In case of r Mt any such termination, the Trustee shall transfer and convey the entire Trust Estate, subject to any leases, mortgages, + k` contracts, or other encumbrances on the Trust Estate, to the f�•` �'.; k then beneficiary as in proportion to its respective interest, �p 'Ili. I eooK378i Fats W except that if the beneficiary comprises a partnership or joint venture, the conveyance shall run to such partnership or joint venture. .F 3• Except as herein otherwise provided, . the Trustee shall have no power to deal in or with the trust estate except as directed by the beneficiar • Y• The Trustee, i however, shall have full power and authority to borrow money and to sell, mortgage or otherwise dispose of all or any part t of the trust property and to lease all or any part thereof, II by one or more leases for a term or terms which may extend i f . 4 ' beyond the date of any possible termination of the trust; � f to grant or acquire rights or easements and enter into agreements !' or arrangements with respect to the trust property; and to ? acquire property and leasehold interests in property; all i as may be directed by all of the beneficiaries, provided that i the Trustee shall not be required to take any action so directed pi which will in the opinion � nion of the Trustee involve the m in any � { personal liability unless first. indemnified to the satisfaction i of the Trustee. 4. Any Trustee for the time being hereunder shall not be liable for any error of judgment nor for any F loss arising out of any act or omission in the execution of i the trust so long as he acts in good faith, but shall be responsible only for his own willful breach of trust. No license of court shall be requisite to.the validity of any transaction entered into by the Trustee, and the Trustee shall have full power and authority to execute all deeds and other instruments necessary t i _2- 1 i ;w • Ise� i ��i,�ik; � . 06781 MIA 148 feet. No purchaser e I�,•(*'iyji or proper to carry such transactions into of s " li, to see to the application �ja��'ri II liability 1tFy � ( 1t. i or lender shall be under any loaned or 1 3 `1D of the purchase money or of any money or property a;.t ; livered to the Trustee or to se de e that the terms and conditions instrument executed of this trust have been complied with. Every 11 by a person who according to the records of the Registry of I I a ears to be a Trustee hereunder . k Deeds for Barnstable County PP erson relying shall be conclusive evidence in favor of every P s I,ii� ajI time of the delivery �( V4It (� ,,( thereon or claiming thereunder that at anY t�ll� ft I thereof, this trust was in full force and effect and that the beneficiary to execute and Trustee was duly directed by the deliver the same. Any person dealing with the trust property }11� on a certif icate signed by I'` IIE or the Trustee may always rely a person appearing from the aforesaid records of the Registry hereunder as Is county to be a Trustee ,i Barn stable C Y ',; I 'j, of Deeds of B am ..i as been terminated, to whether or not this Declaration of Tr ust ust h EI [i hereunder, or as to the existence � as to who is the beneficiary j fact or facts which constitute conditions or non-existence of any precedenr are in any other manner t to .acts by the Trustee o t. s` :t germane to the affairs of the trust. { 5. Any Trustee may resign by the delivery i and by the recording I of a written instrument to the beneficiary of a notice thereof with the Registry of Deeds of Barnstable County. Any Trustee may be removed with or without cause Ia by the beneficiary by the delivery to said Trustee of written � I the original notice of such action. In the event that or be unwilling or unable by incapacity. Trustees shall resign ° ttl -3- I � J1 ti�!' ! l(,� t•. r I, BwMi race 149 death or other reason to continue to serve, Ralph Wall of West Bridgewater, Massachusetts shall succeed to the office of Trustee. Further succeeding Trustees shall be g appointed by the beneficiary by delivery of a written appointment. i The resignation or removal of a Trustee or the j ! appointment of a succeeding Trustee shall become effective upon the recording with the Registry of Deeds of Barnstable County of a certificate, signed by Trustee or the person succeeding to such office, stating that an instrument of i resignation or appointment, as the case may be, duly executed by 1 the beneficiary, has been delivered to the Trustee and, in the case f of an appointment, the certificate shall have endorsed thereon the acceptance of the succeeding Trustee. Upon the recording of such appointment of any succeeding Trustee, the title to the trust estate shall thereupon and without f the necessity of any conveyance, be vested in the said succeeding Trustee. 6. This Declaration of Trust may be amended from time to time by the recording with the Registry of Deeds of Barnstable County of a certificate of the then Trustee setting forth the amend- ment and stating that an instrument adopting such amendment duly executed by the Trustee for the time being in office .and the beneficiary has been duly executed and delivered to the .Trustee. Any beneficiary shall -4- i i i i F. c it eoox=i ra 150 have the right, with the approval of the Trustee then in office, to assign his beneficial interest and shall have the = unqualified right in a Will or other testamentary document duly executed to appoint any part or all of such beneficial interest. IN WITNESS WHEREOF, the said Stephanie G. Wall hereunto sets her hand and seal the day and date first above ? written. •�.,,; �t STEPANIE G. WALL 'eV! r 5 COMMONWEALTH OF MASSACHUSETTS m • �A L L CT '6 vtabl- SS ' Then personally appeared the above named Stephanie G. Wall and stated that the foregoing is her free act and ' deed this day of -7 u r 1983. IF of u is a My Commission Expires "?' RECORDED JUN 27 as BAFINSfABL �EEDS q A AT COEG PY,ATTES F REGISTER JOHN F. MEADS, i 154 Old Kings Road, Cotuit Assessors Map 22, Parcel 91 f BOOK 18A PAGE 093 17018 I, RAYMOND D. CRAWFORD Barnstable of 7 Clamshell Point Lane, Barnstable (Cotuit),/ County, Massachusetts, in consideration of --FIVE HUNDRED THIRTY THOUSAND and 00/100 ($530,000.00) ----DOLLARS PAID grant to PETER A. THOMPSON and DOROTHY F. DUNCKLEB, Trustees of King's Grant Trust under a Declaration of Trust, dated January 19, 1973 and recorded with Barnstable County Registry of Deeds in Book 1809,. page 332 WC with quitdsho rpntusnts thelandAk, together with the buildings thereon, situate in the Village of Cotuit and Santuit .in the Town of Barnstable, Barnstable County, Massachusetts and described as follows: Lots 1 thru and including 112, together with the fee in Oxford Drive, j Buckingham Way, Abbey Gate, Queen Anne Lane, Sampson House Nob, the 15' Way & Easement located between Lots 26 and 27 and the 15' Way & i Easement located between Lots 5 and 6; that portion of "No Bottom" Pond, not above described; and the land shown as "Marsh approx. 15t acres to be deeded to Conservation Commission" all as shown on a plan of land entitled, "'Kings' Grant' a subdivision of Land in Barnstable, Mass. Scales I" = 100' February 28, 1973 Ewald & Maschi, Inc.", (Sheets 1 and 2), and to be recorded herewith. Pi.n&j jLoeK 'AA.11 OAt ^ Sls SI: Together with a right of way over .Ralyn Road and Access Road as shown on a plan of land entitled, "Plan of Land in Santuit, Mass. Cotuit i Country Estates Raymond D. & Gwendolyn W. Crawford Scale 1 in = 40 feet 14 Nov. 1968 Robert G. McGlone Surveyor%& En sneer Main Street West Barnstable, Mass.", which said plan is duly filed with said Registry in Plan Book 229, page 53, in common with all others law- i fully entitled thereto for all purposes for which public ways are used in the Town of Barnstable, i i Reserving to the Grantor for the benefit of the land shown on the 3 "Plan of Land in Santuit, Mass. Cotuit Country Estates Raymond D. & Gwendolyn W. Crawford Scalelin = 40 feet 14 Nov. 1968, Robert G. Mc Glone Surveyor & Engineer" (Sheets 1 thru 5) and filed with said j Registry in Plan Book 2299 page 51, the right to use said "No Bottom" Pond for bathing .swimming., boating, or other purposes and the right i to grant permission for said uses to the owners of the lots shown on the said Raymond D. & Gwendolyn W. Crawford plan. i Sub ect to an easement granted to Cape and Vineyard Electric Company by Irstrument dated September 22, 1965 and recorded with said Regis- try in Book 13139 page 301. Being a portion of the premises conveyed to the Grantor and Gwendolyn W. Crawford, husband and wife, as tenants by the entirety, the said Gwendolyn W. Crawford having deceased on J'uly: 31, 1970, by deeds from: (1) Mary S. Crocker, dated May 12. 1949 and recorded w;.+h na4A i Bcau i67i PACE 094 �:OMMONWEAI I Of M.ASSACHUSl1I.S .. _ rr � tt a Co = _ JUH•1'73� _ CIV .. • o eo.ilosz r"'—am � Iron ea a 0 b 'e 1 Z � r. �a. � ice. 1l . � . . r. r — :ila5r111:)VSSVIr/ �O Nl1b�Mf10WWC)3 .., 6.4 Executed as a sealed instrument this 1st day of June, 19 ?3 J .'L ' �llc@�o�aaoawe�lth�f adat�ett� Barnstable, ss, June 1, 19 73 Then personally appeared the above named RAYMOND D. CRAWFORD and acknowledged the foregoing instrument to be his free act and deed, 1 - r BOOM Win S. Mycook, )VII&I Public— Nw1h1�rJ+�ww My commission expires ffG. 5, 1976. i rI D ot= P-aGE 254 001.85 WE, DOROTHY F. DUNCKLEE and ETER A. THOMPSON, Trustees of KINGS GRANT TRUST, under a Declaration of Trust dated January 19, 1973, recorded Barnstable Registry of Deeds in Book 1809, Page 332, of Box 597 Sandwich, Barnstable County,Maseachueetts,0 2 6 3 for the full consideration of EIGHTEEN THOUSAND FIVE HUNDRED and Paid 00/100(18,500.00) DOLLARS grant to LEO E. BUCKLEY, Mi and ANNE S. BUCKLEY, husband and wife as • tenants by the entirety, both of 6 Merrywood Drive, Simsbury, Connecticut 06070 with* t lahu tam wAts the land in Cotuit, Barnstable County, Massachusetts, bounded and described as follows.- SOUTHEASTERLY by Old Kings Road, a public way, by two courses, tots - ling one hundred twenty five and 16/100(125.16)fee as shown on plan hereinafter described; SOUTHWESTERLY by Lot 94, one hundred ninety two and 88/100(192.88) . feet as shown on said plan; NORTHWESTERLY by land now or formerly of Sea-Lake Corporation, one hundred five and 00/100(105.00) feet as shown on 1 said plan; and NORTHEASTERLY by Lot 96, two hundred twenty four and 33/100(224.33) i feet as shown on said plan. Containing 23,990 square feet more or less and being shown as LOT 95 on plan entitled "PLAN OF LAND IN BARNSTABLE, MASS. Scale: 110-100T, March 22, 1973, Ewald 6 Maschi, Inc., Engineering Consultants, 908 Concord St. yj Framingham, Mass. Route 6A,"SEALAKE BUILDING", Sandwich, Mass. Petition- er: Kings' Grant Trust, Sandwich, Mass." said plan being recorded-in Barnstable Registry of Deeds Plan Book 271, Page 58 and said sheet being numbered C-1052 on said plan. Together with a right of way over the ways as shown on said plan in common with all others lawfully entitled thereto for all purposes for which public ways are used in the Town of Barnstable. Said land is conveyed subject to Protective Covenants recorded in Barnstable Deeds Book 2315, Page 181, and in Book 1892, Page 186. For our title,. see deed of Raymond D. Crawford to the said KINGS GRANT TRUST, recorded Barnstable Deeds in Book 1871, Page 093. Subject to an easement for driveway over a corner of the property. . Said easement being recorded in Book 2690, Page 269 of Barnstable Registry of Deeds. F f Executed as a sealed instrument thk_�- x cL day ofDorot ee, ruse Of in GF t Mrust R. Thompsoll, Trustee or Kings ran rust .i ��o�moaornttp e<� Barnstable ss. T, 19 8r Boov 8240 mi 183 s.a QUITCLAIM DEED. We, LEO E. BUCKLEY, JR. , also known as Leo E. Buckley, and ANNE S. BUCKLEY, husband and wife as tenants by the entirety, both of Cotuit, Massachusetts, for one dollar consideration paid, GRANT to LEO E. BUCKLEY, JR. AND ANNE S. BUCKLEY, as tenants in common and not as joint tenants or tenants by the entirety, both u of 154 Old Kings Road, Cotuit, Massachusetts, with QUITCLAIM m COVENANTS the land with the buildings and other improvements 0 mthereon in Cotuit, Barnstable County, Massachusetts, bounded and o described as follows: SOUTHEASTERLY by Old Kings Road, a public way, by two o courses, totalling one hundred twenty five Ln and 16/100 (125.16) feet as shown on plan hereinafter described; N SOUTHWESTERLY by Lot 94, one hundred ninety two and 88/100 (192.88) feet as shown on said plan; E a NORTHWESTERLY by land now or formerly of Sea-Lake o Corporation, one hundred five and 00/100 (105.00) feet as shown on said plan; and N y o NORTHEASTERLY by Lot 96, two hundred twenty four and 33/100 (224.33) feet as shown on said plan. Containing 23,990 square feet more or less and being shown i w ai as Lot 95 on a plan entitled "PLAN OF LAND IN BARNSTABLE, MASS. Scale: 111 - 1001, March 22, 1973, Ewald & Maschi, Inc. , Engineering Consultants, 908 Concord St. Framingham, Mass. Route 6A, 01SEALAKE BUILDING", Sandwich, Mass. Petitioner: Kings' Grant Trust, Sandwich, Mass." said plan being recorded with the Barnstable Registry of Deeds in Plan Book 271, Page 58 and said sheet being numbered C-1052 on said plan. S .. BOOK.8;40 CAGE 184 Together with a right of way over the ways as shown on said plan in common with all others lawfully entitled thereto for all purposes for which public ways are used in the Town of Barnstable. Said land is conveyed subject to Protective Covenants recorded with said Deeds, Book 2315, Page 161, and Book 18 2, Page 186. Said land is conveyed subject to an easement for a driveway over a corner of the property, said easement being recorded with said Deeds, Book 2690, Page 269. For our title, see deed of Dorothy F. Duncklee and Peter A. Thompson, Trustees of Kings Grant Trust, dated January 5, 1981, recorded with said Deeds, Book 3219, Page 254. Witness our hands and seals thisa day of x_ 1992. Leo E. Buckley, Jr. Anne S. Buckley COMMONWEALTH OF MASSACHUSETTS 1992 Then personally appeared the above-named Leo E. Buckley, Jr. and Anne S. Buckley, and acknowledged the foregoing,. rjs4ument to be their Eras act and deed, before me, ;rA..: ''..,. l/,y,. I .14YJ IF Notary ubl i � ''� �,� � • ' My commission expircps; 1 oc t. 6 92 140 Old Kings Road, Cotuit Assessors Map 22, Parcel 92 sooY2659 Fact 331 0-t:0 7 I, BARBARA A. BUSH, formerly Barbara .A. Drake of Bluff Point Drive, Cotuit, Barnstable County,Massachusetts in consideration of LESS THAN ONE HUNDRED ($100.00) DOLLARS grant to BARBARA A. BUSH and PAMELA R. DRAKE, as Joint Tenants, of Bluff Point Drive, Cotuit, Barnstable County, Massachusetts Mk with quitclaim cobelottis the land *K with the buildings thereon in Barnstable, Barnstable County, Massachusetts, shown as LOT 96 on a plan entitled, "King's Grant", dated February 28, 1973 by Ewald 8 Naschi, Inc., recorded with Barnstable County Registry of Deeds in Plan Book 271, Pages 56 and 57, bounded and described, according to said plan, as follows: SOUTHEASTERLY by Old Kings Road, by two courses, 90 feet and 36.09 feet; NORTHEASTERLY by Lot 97, 244.12 feet; NORTHWESTERLY by land of Sea-Lake Corporation, 100 feet; and SOUTHWESTERLY by Lot 95, 224.33 feet. Containing 26,440 square feet of land, more or less, according to said plan. The premises are conveyed subject to: (1) Protective Covenants recorded with Barnstable County Re istry of Deeds in Book 1892, Page 186, so far as now in force and applicable, and ?2) an easement granted to Cape and Vineyard Electric Company, by instrument dated September 22, 1965, recorded with Barnstable County Registry o Deeds in Book 1313, Page 301. For my title, see deed of March, Inc., to me dated May 12, 1975 and recorded with Barnstable County Registry of Deeds in Book 9/$t, Pagea-y/. Subject to a mortgage with Bay Colony Federal Savings and Loan Association. Executed as a sealed instrument this , rL 1 day of February 1978 Barbara A. N the (Iomatoufnealth of 3699ACf4usetts Barnstable, ss. February � 1978 Then personally appeared the above named BARBARA A. BUSH and acknowledged the foregoing instrument to be her free act an ,deed. B B B ,..,,..,•, Before me, ames th . .h[OWL,�`;.• sy,. -n . eooK�i35 r+cE 279 IS249 We, BARBAR& A. BUSH and PAMELA R. DRAKE, as Joint Tenants, Bluff Point Drive, Cotuit (Mailing: P. 0. Box 6, Cotuit, NA 02635) of Barnstable County,Massachusetts in consideration of LESS THAN ONE HUNDRED ($100.00) DOLLARS grant to BARBARA A. BUSH, of Bluff Point Drive, Cotuit (Mailing: P. O. Banc 6, Cotuit, MA 02635) of Barnstable County, Massachusetts with qitittlaIttt tOhetlBtttti the land jpt with the buildings thereon in Barnstable, Barnstable County, Massachusetts shown as LOT 96 on a plan entitled "King's Grant% dated February 28, 1973 by Ewald & Naschi, Inc., recorded with Barnstable County Registry of Deeds in Plan Bock 271, Pages 56 and 57, bounded and described, according to said plan, as follows: SOtTTH ASDMY by Old Kings Road, by two courses, 90 feet and 36.09 feet: NOWHFASTERIX by Lot 97, 244.12 feet; NORTHWESTERLY by land of Sea-Lake Corporation, 100 feet; and SOUTBWESi'ERLY by Lot 95, 224.33 feet. Containing 26,440 square feet of land, more or less, according to said plan. The premises are conveyed subject to: (1) Protective covenants recorded with Barnstable Coumty Registry of Deeds in Book 1892, Page 186, so far as now in force and applicable, and (2) an easement granted to Cape and Vineyard Electric Company,_ by instrument dated September 22, 1965, recorded with Barnstable County Registry of Deeds in Book 1.313, Page 301. For our title, see deed recorded with Barnstable County Registry of Deeds on Febntary 8, 1978 as Document #3307. Executed as a sealed instrument this 30 day of July 1980 Earbia LIUSn the C=WVufaeulth of 'Mueenchueetts Barnstable, ss. July 30 1980 Then personally appeared the above named BARBARA A. BUSH and PAMELA R. DRARE and acknowledged the foregoing instrument to be their free {r}t deed,/ - ( , rnr" •- ►/tlr��.and 1t fLA N 111I�1� r. eooK.4037 Fbcr ift ' 10493 I, BARBARA. A. BUSH of 249 Ocean View AveyCotuit, County,Massachusetts in consideration of LESS THAN ONE HLIUM AND N0/100 ($100.00) DOLLARS � grant to BARBARA A. BUSH and DAVID G. DRAKE, As Joint Tenants with rights of survivorship, of 249 Ocean View AveyCotuit (Mailing..P. O. Box 6, Cotuit, MA 02635) with qW ada tat tobettods the landXX with the buildings thereon in Barnstable, Barnstable County, Massachusetts shown as LOr 96 on a plan entitled "King's Grant", dated February 28, 1973 by Ewald & Naschi, Inc., recorded with Barnstable County Registry of Deeds in Plan Book 271, Pages 56 and 57, bounded and described, according to said plan, as follows: SOL1t'WASTERLY by Old Kings Road, by two courses, 90 feet and 36.09 feet; NOIASTEt2LY by Lot 97, 244.12 feet; NORTf S�,Y by land of Sea-Lake Corporation, 100 feet; and 90L71HKESTERUY by Lot 95, 224.33 feet. Containing 26,440 square feet of land, more or less, according to said plan. The premises are earmeyed subject to: (1) Protective Covenants recorded with Barnstable County Registry of Deeds in Book 1892, Page 186, so far as now in fore and applicable, and (2) an easement granted to Cape and Vineyard Electric MrPany, by ins-.,ne t dated Septnber 22, 1965, recorded with Barnstable County Registry of Deeds in Book 1313, Page 301. For my title, see deed recorded with Barnstable County Registry of Deeds in ` Book 3135, Page 279. Executed as a sealed instrument this 12th day of March 19 84 QQMIM44L A. Barbara A. Bush I M42 dVMUWnfVtXft4 of setts c�s sst:hu Barnstable, a. March 12,19 84 Then personally appeared the above named BARBARA A. BUSH i E!'u �186 f�uE 257 s BARBARA A. BUSH and DAVID G. DRAKE both of. 249 Ocean View Ave. , Cotuit, Barnstable County, Massachusetts `. in consideration of one dollar grant to DAVID G. DRAKE, as Trustee of Drake Real Estate Trust, dated this day and recorded herewith, of 249 Ocean View Ave. , : Cotuit (Mailing: P.O. Box 6 , Cotuit, MA 02635) with quitclaim covenants the land with the buildings thereon in Barnstable, Barnstable County, Massachusetts shown as LOT 96 on a plan , entitled "King's Grant" , dated February 28, 1973 by Ewald & Naschi, Inc. , recorded with Barnstable County Registry of Deeds in Plan Book 271, Pages 56 and 57, bounded and described, , according to said plan, as follows: SOUTHEASTERLY by Old Kings Road, by two courses , 90 feet and 36.09 feet; NORTHEASTERLY by Lot 97, 244.12 feet;- NORTHWESTERLY by land of Sea-Lake Corporation, 100 feet; and SOUTHWESTERLY by Lot 95, 224.33 feet. Containing 26,440 square feet of land, more or less, according to said plan. The premises are conveyed subject to: (1) Protective Covenants recorded with Barnstable County Registry of Deeds in Book 1892, Page 186, so far as now in force and applicable, and (2) an easement granted to Cape and Vineyard Electric Company, by instrument dated September 22, 1965 , recorded with Barnstable County Registry of Deeds in Book 1313, Page 301. r. For our title, see deed recorded with Barnstable County Registry of Deeds in Book 4037, Page 194. Executed as a sealed instrument this 19th day of July, 1984 David G. Drake 46hn H. Bush, Attorney-in-Fact for Barbara H. Bush, pursuant to Power of Attorney dated July 17, 1984, and recorded herewith. d r a • DooK8322 FAcE 084 ��559 1 MASSACHUSETTS FORECLOSURE DEED BY CORPORATION (LONG FORM) Federal National Mortgage Association a corporation duly established under the laws of the District of Columbia and having its usual place of business at 3900 Wisconsin Avenue N.W. Washington,DC 20016 present holder of a mortgage FROM David G. Drake TO Rosewood Mortgage Corporation DATED May 24, 1989 recorded with Barnstable County ` Registry of Deeds in Book 6753, Page 86 by the power conferred by said mortgage and every other power, for $ 157,500.00 dollars paid grants to Federal National Mortgage Association whose address is 3900 Wisconsin Avenue N.W. Washington DC 20016 the premises conveyed by said mortgage. e o said corporation WITNESS the execution and the corporate seal f i this 19 day of November 1992 ---- Federal National....-'- Association by its Attorney 1.6 GMAC Mortgage Cor•pox ( pn of%Ibwa by Phillip J. Cobb,-',.':-.. •';��,.' its Vice President State of Iowa SS. November 19 ,1992 Then personally appeared the above named Phillip J. Cobb Vice President, of GMAC Mortgage Corporation of Iowa and acknowledged the foregoing instrument to be the free act and deed of of GMAC Mortgage Corporation of Iowa its Attorney in Fact Federal National Mortgage Association before me, ----------------------- NOTARY PUBLIC:Barb Sutherland ; ..�:"�¢ �• . .,,r MY COMMISSION EXPIRES:10-18-93 CHAPTER 183 SEC.6 AS AMENDED BY CHAPTER 497 OF 1969 PROPERTY ADDRESS: 140 Old Kings Road Cotuit, MA 02635 5021195 �q� •mac N�IF '�cl Ike 1*11M, MA w s=8322.FAGE 085 AFFIDAVIT I,Phillip J. Cobb, Vice President of GMAC Mortgage Corporation of Iowa its Attorney in Fact Federal National Mortgage Association named in the foregoing deed, make oath and say 'that the principal interest and obligation mentioned in the mortgage above referred to were not paid or tendered or performed when due or prior to the sale, and that I have caused to be published on the 15th, 22nd and 29th days of October 1992 in the The Barnstable Patriot Newspaper, Inc a newspaper published or by its title page purporting to be published in Hyannis and having a general circulation therein, a notice of which the following is a true copy. There being no newspaper published in Cotuit and the The Barnstable Patriot Newspaper, Inchaving a general circulation in Cotuit. (INSERT ADVERTISEMENT) SEE ATTACHMENT I complied with Chapter 244, Section 14, of Massachusetts General Laws as amended by mailing the required notice(s) certified mail, return receipt requested Pursuant to said notice at the time and place therein appointed I sold the mortgaged premises at public auction by Ralph J Morrissey an auctioneer to Federal National Mortgage Association above named, for $ 157,500.00 dollars bid by Federal National Mortgage Association being the highest bid made therefor at said auction. OF Phillip J. Cob%);c III the Vice Pre ri'•- r). .� i I GMAC Mortgage Cofip¢' t qr%.* I Iowa �'' �:........';,c'�, ' its Attorney in Fa �OY4 Federal National Mortgage Association signed and sworn to by the said Phillip J. Cobb this 19 day of November 1992, before me, 3 ..- -- ------------- NOTARY PUBLIC:Barb Sutherland MY COMMISSION EXPIRES:10-18-93 � 100( ATTACHMENT " A " BOOK 8322 Face; 086 MORTGAGEE'S N1Ti'ICE OF SALE OF REAL ESTATE PREMISES: 1400ld Kings Road I ., Cotuit,MA. 02635 �. Sy virtue and lit aitacwiori of thaPOW ER OF SALE"utincd In i certain MORT- GAGE given by David O•Drake to Rosewood Mortgage Corporuion dated May 24, 1989 and recordod with the Dansublo County Registry of heeds in Book53�page 86of which the undersigned Commonwealth Motg 41;Comps y, P hddol,forbroaeh ofthtt WAitlons or said mortgage andforthepurposaof fotaelosing the same will be SOLD at PUBLIC AUCTION at 1000 am,on 1:'ovembtir 10,'Rg9 upon the mortgag I pttiniisait,t4001ditgtRoad,Cduit,MA MWS�mdelcnbod t below,all and singdsr th'e pmrtlsos dese�ibed in said rriongage, TO WIT: A.oensin psreal',of land;with the buildings ttioreao;l 11amstaile,' Bamsuble County;�Asiuchusetts,looted on old KingR'�d,shod}nii"Lot 96on a plan entitled"Kingt'ti(!rant"dated Pebruary 28.1973 by gvvsld 11C?li'schi,Lie.; recorded with.Barnstable County Registry of Deeds•itrPIkn B*&-27T;Pore . and 57,bounded snd described iceording to ssid P1sn;lifoll*WV 9 SOUTHEASTERLY—""'` ' `*.Old King!Robed;llr."I0i'i'.St1r'�ii''t90�fd4t iced 36.09 feet: " t NORTHEASTERLY by Lot 97,244.12 feett NORTHWESTERLY -by land of Sea-I3ke Corpotrtloxr�100[let;sAk SOUTHWFSTIiBLY.' by Let 95,224t33Yoea•�" ;-S"'fir'''`°:ar.• Containing 26,440 square feet of•land,mortrorlai,ec6ordin6►o skld"plan'v:nc�r TB1tMSOFTHBSALE:SsidprembaswilIbesoldirdcaiveyedsubjeettomy90' all outstanding municipal of other publicuxes,tastiUef8lrtw m , In the nature of liens,rights of tenutu and pint� por. encumbrance of record,ihny-which take preeedwoe,over the sod moK�age:1lrore described and also tosU laws and ordinmaes iticludingbustiot iimitslgwf`u t+uillLsl • and Honing ordinanoasi�:..'i••:''"• . , 'c•".::,;:tu,lcn:V+t9.r�• ` The highest bidder shall be required to deposli the imount of SS,000OObyteauOf eertified check,bank tmaaurars chock orbank saable ache ldift or it he time in yn NfRs�.. thesele.Thebalmoeof the purchase price ps. at the Law Offices of Elliott S.Topkint.255 Sur It'll Reid:W sithern;, k 11liS4,� Other leans to be announced at the sale. c• ` LAND COURT CASE NUMBER: 162918 PRESENT HOLDER OF SAID MORTGAGE: Commonwealth Mortgage Company.Inc. Commonwealth Emotive Pak 5 Old Concord Road Buriington,MA 01803 Morrissey d<Company , AUCI'IONBBR: Ralph Bamst"Was tcwber IS.October 22 3 October 29,1992 NOV24 92 t eocK.8497 FAU 154 16341 MASSACHUSETTS (warranties) revised 01/02/92 REO # 927693 FEDERAL NATIONAL MORTGAGE ASSOCIATION, a corporation 4 organized under an Act of Congress and existing pursuant to the Federal National Mortgage Association Charter Act, having its principal office in the City of Washington, District of Columbia, M and an office for the conduct of business -at 950 East Paces Ferry �9 Road, Atlanta, Georgia 30326-1161 (hereinafter called the Grantor) for consideration of one Hundred Forty Thousand and 00/100 Dollars ($140.000.00) paid, grants to David B. Major and Katherine C. Stockwell with quitclaim covenants, a certain parcel of land with the building thereon situated in Cotuit, Barnstable County, Massachusetts, bounded and described as follows: The said DAVID B. MAJOR and KATHERINE C. STOCKWELL to hold as JOINT TENANTS. The property is commonly known as 140 old Kings Road, Cotuit. Massachusetts, and is more particularly described in Exhibit A L� attached hereto and made a part hereof by this reference. t d BEING the same property which was granted and conveyed unto Grantor herein in fee, by Foreclosure Deed made by Federal o National Mortgage Association, dated November 19 1992 and ` recorded on November 24, 1992 , in the Barnstable County Req stry a• of Deeds in Book 8322 , Page 84 UNDER AND SUBJECT to any existing covenants, easements, w encroachments, conditions, restrictions, and agreements affecting the property. TOGETHER WITH all and singular the improvements, ways, streets, alleys, passages, water, watercourses, right, liberties, 0 y privileges, hereditaments, and appurtenances whatsoever hereto belonging or in anywise appertaining and the reversions and a remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantor in law, equity, or otherwise howsoever, of and to the same and every part thereof. WITNESS the execution and corporate seal of FEDERAL NATIONAL MORTGAGE ASSOCIATION on this Al day of March,, 199_1, the day and year first above written. RETEST: FEDERAL NATIONAL MORTGAGE ASSOCIATION BY E. Buln Martin Wenson, vice President , ; As i nt Secretary soox 8497 FACE 155 STATE OF GEORGIA :ss COUNTY OF FULTON On the = day of March, 1992, personally appeared Martin ggnson, to me personally known, who being by me duly sworn, did say that he is the Vice President of Federal National Mortgage Association and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by the authority of its Board of Directors, and Robin E. Burns said Assistant Secretary acknowledged said instrument to be the fgee act and deed of said corporation. ,. otary Public d : Notcry I°cbilc,D6 Q;:) CCU& My Commisston Expkes December 10,1996 „ moy.8497 FacE i56 EXHIBIT A A certain parcel of land with the buildings thereon in Barnstable, Barnstable County, Massachusetts shown as Lot 96 on::a plan entitled ':'Ring's Grant", dated February 28, 1973 by Ewald & Naschi, Inc., recorded with Barnstable County Registry of Deeds in Plan Book 271, 1 Pages 56 & 57, bounded and described, according to said plan, as follows: SOUTHEASTERLY by Old Rings Road, by two courses, 90 feet and 36.09 feet; NORTHEASTERLY by Lot 97, 244.12 feet; NORTHWESTERLY by land of SealLake Corporation, 100 feet; and SOUTHWESTERLYi! by Lot 95, 224.33 feet. Containing 26,440 square feet of land, more or less, according to said plan. The premises are conveyed subject to (1) Protective Covenants recorded with Barnstable County Registry of Deeds in Book 1892, Page 186, so far as now in force and applicable, and (2) an easement granted to Cape and Vineyard Electric Company, by instrument dated September 22, 1965, recorded with Barnstable County Registry of Deeds in Book 1313, Page 301. �Fa MAR 26 93 p o't Club Med J f 170 Old Kings Road Cotuit Assessors Map 22, Parcel 90 'BOO K racy.<'336 , 3326'7 ,MARCH, INC.., -a Massachusetts corporation, of Mashpee (New Seabury), Barnstable.County, Massachusetts, for consideration r SE7ENTY-THREE FIYE HIINDRED 00.00 ' Paid of S THOUSANDD) DOLLARS, grants j to DOROTHY 'F. :'DUNCKhEE, ;:of Main Street, Cotuit, Barnstable County, Massachusetts, with QUITCLAIM COVENANTS, the land situated in 'A Cotuit, Barnstable County, Massachusetts, bounded and described ` as follows: SOUTHEASTERLY by Old King's Road, as shown on a plan hereinafter mentioned on a curve with a radius of 359.12 feet, a distance of One hundred seventy-eight and 54/100 (178.54) feet; NORTHEASTERLY by Lot 95 on-said plan, One hundred ninety-two and 88/100 (192.88) feet, NORTHWESTERLY by land shown on said plan as of Sea-Lake Corporation, ' One hundred thirty-five (135.00) feet; and IQ WESTERLY b said land of Sea-Lake Corporation, Y poration, One hundred five and 52/100 (105.52) feet, s Being shown as LOT`.94'.and containing 20,860 square feet of land, ' more or less, acco=ding to said plan. The above described parcel is shown on a plan entitled, "'King's . ' G Grant', a subdivision of land in Barnstable, Mass. Scale 1" = 1001, tc February 28, 1973, Ewald & Maschi, Inc., Environmental Planning and Engineering Consultation, Sandwich and Framingham, Massachusetts" ' (Sheet 2), which plan is recorded with Barnstable County Registry of. Deeds in Plan Book 271 :Pages 56 and i Said parcel is conveyed subject to the protective covenants as re- corded-with Barnstable County Registry of Deeds in Book 1892 ' Page'' 186. The above described parcel is .subject to an easement granted to Cape & Vineyard Electric Company by an instrument dated September 22, 1965, recorded with Barnstable County Registry of Deeds in g, Book 1313, Page 3011. € For title, see deed from Peter A. Thompson and Dorothy F. Duncklee, f . Trustees of King's Grant Trust, , recorded July 6, 1973 in Book 1892, v Page 191. t. = IN WITNESS WHEREOF, the said MARCH, INC. has caused its corporate. seal to be hereto affixed and these presents to be signed in its name and behalf by Tony M. A. Hanslin, its President, hereunto duly I ' authorized this �5"*day of 1973. � �s. MARCH, IN BY: • Tony M. A. Hansl , residen I- i € `� COMMONWEALTH OF MASSACHUSETTS I Barnstable, as. Z','1973 ;. Then personally, appeared the above-named TONY M. A. HANSLIN, B05I956 f'A^i President, and acknowledged the foregoing instrument to,be the free " Act and deed of MARCH, INC., before me, �` �ti•'��c°;�;:`,y`s _ Notary Pub"l�i'c � fi f i w .•,'"i My commission expires: wAirv77 I'h W. _ C • a. . COME,MONWwEALTH OF aaMASSACHUSETTS �{{F „ 4M USL1 f�: __-._ Ir. If. _. 1 h x 0 -T It i s I i i • f 1'I s I 1 I�I I t r, �i ;F y r ti - 1 2 y 1973 Ali I �� BCCK2694 268 r ''MAeDACNU[CTTO QUITCLAIM DEED ONORT FORM(INDIVIDUAL)set. ,$ Dorothy F. 'Duncklee ` , 09274 /4 of Old King's Road, Cotuit, Barnstable County,Massachusetts, . I �fx• being unmarried,for consideration paid,and in full consideration of $809 000.00 grants to Ralph E. Wall •and.'Stephanie G: Wald husband and wife, as tenants by the entirety of 81 Columbus Avenue with quildatm rsurnunin West Bridgewater, Massachusetts.g , ' the land in Cotuit, Barnstable County, Massachusetts, bounded and described 1 as follows: [Description and encumbranoes,if any] I SOUTHEASTERLY by Old King's Road, as shown on a plan hereinafter mentioned on a curve with a radius of 359.12 feet, . e a distance of One hundred seventy-eight and 54/100 (178.54) feet; 1 NORTHEASTERLY by Lot 95 on said plan, One hundred ninety-two and - 88/100 (192.88) feet; i NORTHWESTERLY by land shown on said plan as of Sea-Lake Corporation, " 3 One hundred thirty five (135.00) feet; and I WESTERLY by said land of Sea-Lake Corporation, One hundred J five and 52/100 (105.52) feet. I Being shown as 'LOT 94 and containing 20,860 square feet of land, ! more or less, according to said plan. The above described parcel is shown on a plan .entitled, "Ring's Grant", a subdivision of land in Barnstable, Mass. Scale 1" = 100' February 28, 1973, Ewald & Maschi, Inc. Environmental Planning and ; A Engineering Consultation, Sandwich and Framingham, Massachusetts" i (Sheet 2); which plan is recorded with Barnstable County Registry } ;; of Deeds in. Plan Book 271, Pages -and 57.. 1 Said parce: is conveyed subject to the protective covenants,as ; recorded with Barnstable County Registry of Deeds in Book 1892, Page 186,: and in Book 23,15 Pg. ::181. # g The above described parcel is subject to an easement granted to { Cape & Vineyard Electric Company by an instrument dated September , : " 22, 1965, recorded with Barnstable County Registry of Deeds in 4. { Book >1.313, Page 301: 1 j. For title, see deed from March, Inc. , a Massachusetts Corporation recorded October 29, 1973 in Book 195 � Page 336. L f ?Ilttnrno t1+.41..hand and seal this......!...c` ...............day of 19.��...... ....... I r 1 b,. .....,..... t V E CC);/;alOtlWEAIT}I OF f.5/s'„/CFIU z... {i G . : f ............................................................................... ........................................................................ Mir LumulsnutrnW1 of Munsurlluarnn BARNSTABLE ss. April .1978 1 S Then personally appeared the above named DOROTHY F. DUNCKLEE _ 1 and admowledged the foregoing instrument to be her free act and deed,before me 1 z : .. ........1,... .. ................ 2,...................................... Notary Public—Justice of the Peace - i My commission ezpim / 19^ '� (alndividtul—joint Tenants—Tenants in Common—Tenants by the Entirety.) s � t CHAPTER 183 SEC 6 AS A 12NDED BY CHAPTEIl 497 OF 1969 I Every deed presented for record shall contain of have endorsed upon it the full name,residence and post once adders,of the grantee - arad•recital of the amount of the full consideration tbcrmf in dollar or the nature of the other consideration therefor,If not dcliv.ral j for a specific monetary sum.The full consideration;hall mean the total price for the conveyance without dniuction for any liens or encumbrances wum by the grantee or remaining thereon.All such endorsements and recitals shall be recorded as pan of the deed. i Failure to comply with this settion shall not affect the validity of itrif deed.No register of deals shall accept a deed for recording unlem it is to compliance with Use requirements of this section. - RECORDED APR 18 T8 "k II • ry �1 BK l.i G''1 G "PG325 SE35� 09-04-1998 t2 QUITCLAIM DEED Ralph E. All and`Stephanie G•W All,°of Cotutt`Massachusetts,for consideration paid of One Hundred Fifty Thousand and 00/100 Dollars(5150,000.09,grant to Te L.Keebaugh,of 3B o kebc Alnh�rc V4 11 00Z.a- with Qullclalm Covenants, cc t The land in Cotuit,Barnstable County,Massachusetts,bounded and described as follows: Southeasterly by Old King's Road,as shown on plan hereinafter mentioned on a curve with a radius of359.12 feet.a distance of one hundred seventy-eight and 54/100(178.54)feet; Northeasterly by Lot 95 on said plan,one hundred ninety-two and 88/100(192.89)feet, Northwesterly by land shown on said plan as of Sea-Lake Corporation,one hundred thirty-five(135.00)feet;and Westerly by said land of Sea-Lake Corporation,one hundred five and 521100 (105.52)feet. Being shown as Lot 94 and containing20 860 within plan. square feet of land,more or leas,according to said The above described parcel is shown on a plan entitled"King's Grant",a subdivision of land in � �oi1L� Barnstable,Mass.Scale 1"— 100',February 28, 1973,Ewald&Maschi,Inc.Environmental A Planning and Engineering Consultation,Sandwich and Framingham,Massachusetts"(Sheet 2), which plan is recorded with Barnstable County Registry of Deeds in Plan Book,271.Pages'56:and .is v<Tit`wit Said parcel is conveyed subject to the protective covenants as rewarded with Barnstable County Registry of Deeds in Book:I892,Page'186 and in Book`2315,Page s approve The above described parcel is subject to an easement granted to Cape&Vineyard Electric J;, M Company by an instrument dated September 22, 1965,recorded with Barnstable County Registry of Deeds in Book 1313,Page 301 For title,see the Deed recorded in Book 2690,Page 269 of the Barnstable County Registry $ Deeds. of F 'e% EXECUTED this Z day of LGI/&2"7`' 1998. e {� o ! O CD ° o LLA� Ralph E. an and � o La a xy Nx I CY 1.1 seaj. ep G.Wall Cwnmammallh of Massachusetts County of Barnstable is zeta On this Ada of Y 19911,before me personally appeared Ralph E.Wall and Stephanie G.Wall and acknowledged that they executed the foregoing 1i instrument as their free act and deed. Eli"A. �'.Nichols,Notary Public M com mission scion it r, Y es: 1/31/03 x � i BARNSTABLE REGISTRY OF DEEDS BK 13342 PGO 17 68736 1 1 —02 2000 12 03 - 43 3060.040 QUITCLAIM DEED Terry L.Keebaugh, of Barnstable(Cotuit),Massachusetts 02635, for consideration paid of One Hundred Eight Thousand and 00/100 Dollars ($180,000.00) grants to Richard B. Buffington and Dona Buffington,Husband and Wife as Tenants by the Entirety, of 72 Deer Hollow Road, Barnstable(Marston Mills),Massachusetts 02648,with Quitclaim Covenants, SEE SCHEDULE A ATTACHED HERETO EXECUTED as a sealed instrument this day of CRAie.--f-, 2000. n Terry L. KkSbaugh � State of County of ' On this day of OC&be r ,2000,before me �- personally appeared Terry L. Keebaugh and acknowledged that he/she executed.the foregoing instrument as his/her free act and deed. N tart'Public My commission expires: "Otuy�'�P °^�01*, O %V Ooaw sWn Expires Mamb 3,2003 SCHEDULE A The land in Barnstable (Cotuit), Barnstable County, Massachusetts,bounded and described as follows: Southeasterly by Old King's Road, as shown on plan hereinafter mentioned on a curve with a radius of 359.12 feet, a distance of 178.54 feet; Northeasterly by Lot 95 on said plan,192.88 feet; Northwesterly by land shown on said plan as of Sea-Lake Corporation, 135.00 feet;.and Westerly by said land of Sea-Lake Corporation, 105.52 feet. The above described parcel is shown on a plan entitled"King's Grant" a subdivision of land in Barnstable, Mass. Scale 1" = 100', February 28, 1973, Ewald&Maschi, Inc. Environmental Planning and Engineering Consultation,Sandwich and Framingham, Massachusetts" (Sheet 2), which plan is recorded with the Barnstable County Registry of Deeds in Plan Book 271, Pages 56 and 57. Being shown as Lot 94 and containing 20,860 square feet of land,more or less, according to said plan. Said parcel is conveyed subject to the protective covenants as recorded with Barnstable County Registry of Deeds in Book 1892,Page 186 and in Book 2315, Page 181. The above described parcel is subject to an easement granted to Cape&Vineyard Electric Company by an instrument dated September 22, 1965, recorded with Barnstable County Registry of Deeds in Book 1313,Page 301. For title, see Book 11616, Page 325. s 'i 108 Furlong Way, Cotuit Assessors Map 22, Parcel 89 wx2936 w 261 16737 SEA-LAKE CORPORATION a corporation duly established under the laws of The Commonwealth of Massachusetts and having its usual place of business at Sandwich of Barnstable County, Massachusetts, in consideration of FIFTEEN THOUSAND ($15,000.00) DOLLARS grants to RICHARD A. ALIBERTI and MARY T. ALIBERTI, Husband and Wife• as Tenants by the Entirety, both _of, _69 Ashland_ Street,... Medford,..Middlesex..County# Massachusetts � with quitrlalm captusnts ft*m&jnc Those certain parcels,,of land situate in Barnstable (Santuit) , Barnstable County, Massachueettis;'being shown as LOTS 6 15 26 and 34, as shown on a plan entitled "HILLCREST" Plan o Lan n Barnsta le, 9 Wis. Scales 1" + 1001, December 5, 1972, Ewald a Maschi Inc. Engin- eering Consultants, 908 Concord Street, Framingham, Mass., Route 6A, 'Sea-Lake Building!,, Sandwich, Mass." which said plan is recorded with Barnstable "County "Re'gistry of Deeds in Plan Book 268, Page 4. Together with the right to use the ways as shown on said plan in common with`aliothers now'or hi ti after' lawfully entitled thereto for;:Al p'urpoees for which publ 'd.44 s commonly used in the Town of Barnstable. Thers is reserved to the grantor the right to grant further rights of way' and'easssments to`public`utility corporations in said ways. The conveyed premises are subject to restrictions as set forth in an instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCREST'", dated August' l,- 1973and recorded with-'said �Rsgistry in Book 1916• Page 15, as Ainended by inatruaishts`:dated'-July 11, 1975 and recorded with said Registry in Book 2209, , Page 2.68,. and dated September 18, 1975 and recordeid'in Book 2241, 'Pages 91 'and 94. The 'conveyed premises are also subjwot to an easement to Cape i Vine- yAsd`Eleotr�.o.Company dated `8eptembeir 22,' 1965 and recorded with said Registry an Bo6k"1313, Page,3001,. to`an:'easement to Capa .i Vineyard a Eleotrio `Company:dated 9eptember,22, .1965 and recorded with said Registry .in'Hook '1'313, Page Rolf to an saseli6iit to New England Telephone.4nd'Tel'egraph 'Company and "New"Bedford Gas and Edison Light Company`dated"June 12, 1973"ind recorded with said Registry in Book 1,878,, ,Page 335t and to.sn-easement to Cotuit Fire District dated May 15, ;1973-,and _recozded with said Registry-in :Book 1994, Page 328. Liubjeot to a Bills-.of Sstl® andEasement to Cotuit Fire' District. dated May ,15, 1973 and Octl ik-17 '1975, 'and recorded in Book 1994, Page 324• and`1166k'225t,' Page -196; respectively. Being a,portion-of'promisse'described from Raymond D. Crawford to Sea- Lake �Corporation dated4uly .17, 1972 and recorded with said Registry in Book 1691• Page 289. 5 BoOF2936 f.cc 262 i i i i 1 1` 1 riwbM9hMV1 the said SEA—LAKE CORPORATION has caused its corporate seal to be hereto affixed and these presents to be'signedi.AA ' t� delivered in its name and behalf by PAUL J. LYNCH '�.�•`'�p* 0 0 , its Pros. 6 Treas. hereto duly authorised 4'TN ,this .�,y}ti�` O W,•.,: •�,� J` day of 37UWE in the year one thousand aloe n SEA— E dredI Signed and sealed in presence of �•,+ :ice. by PAU LYNCH, 'lrzei� +1 I. Mt 11 i U0 �7� ; BARNSTABLE, es. 1979 Then personally appeared the above named Paul J. Lynch, President and Treasurer, as aforesaid, and aolwowlWged the foregoing instrument to be the free act and deed of the Sea—Lake Corporation. before meol , 1 My commission expires R. I.E .J Mr to COM WFAITH OF MASSACHUSETTSDI D4 ' 1 w q. BOOK3MPAGE MO 0911t We, RICHARD A. ALIBERTI and MARY T. ALIBERTI, Husband and Wife of 68 Ashland Street, Medford, Middlesex County, Massachusetts, i beieg Wwwrld, for consideration Paid $8,500.00 EIGHTY-FIVE HUNDRED DOLLARS' 6 grant to THOMAS A. MCQUEENEY 230 Carrsbrook Drive Of CHARLOTTESVILLE, VIRGINIA with sptitrlatut rOamitts That certain parcel of land situate in Barnstable(Santuit) , Barnstable County, Massachusetts, being shown as LOT 15, as shown on a plan entitled "HILLCREST" Plan of Land in Barnstable, Mass. Scale: 1"=1001 , December 5, 1972, Ewald & Maschi Inc. Engineering Consultants, 908 Concord Street, Framingham, Mass. , Route 6A, 'Sea-Lake Building', Sandwich, Mass." which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Together with the right to use the ways as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways commonly used in the Town of Barnstable. There is reserved to the grantor the right to grant further rights of way and easements to public utility corporations in said ways. The conveyed premises are subject to restrictions as set forth in an instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCREST", dated I August 1, 1973 and recorded with said Registry in Book 1916, Page 15, as. amended by instruments dated July 11, 1975 and recorded with said Registry in Book 2209, Page 268, and dated September 18; 1975 and recorded in Book 2241, Pages 91 and 94. The conveyed premises are also subject to an easement to Cape & Vine- yard Electric Company dated September 22, 1965 and recorded with said Registry in Book 1313, Page 300; to an easement to Cape & Vineyard • Electric Company dated September 22, 1965 and recorded with said Registry in Book 1313., Page 301; to an easement to New England Telephone and Telegraph Company and New Bedford Gas and Edison Light Company dated June 12, 1973 and recorded with said Registry in Book 1878, Page 335; and to an easement to Cotuit Fire District dated May 15, 1973 and recorded with said Registry in Book 1994, Page 328. Subject to a Bills of Sale and Easement to Cotuit Fire District dated May 15, 1973 and October 27, 1975, and recorded in Book 1994, Page 324, and Book 2255, Page 196, respectively. Being the same portion of premises described in deed dated June 4, p 1979 and recorded in Barnstable Registry of Deeds in 'Book '2936, Page 261. o • d . #. k. ...A„r " s and seals ffiis............P.� .............daf of..... oo `'r �%�.r.�.,:••••',i I�........ . ..............«.. ...f.......... �.' Q CHARD A. ALIBERTI�• Y NeZ ALIBE 4tYMe 4 ».................................. .................. ................... .....................................:. ..............�.�. ��_.._..........JL _......................_... ..,�.. _._.�.....�9 Then1� aPP� the above mined»..B.T.C1IARit..A,.•.,ALZ iiT•Z•.a�d••MARY..�£•�............ AL ERTI ecc�4814�}�g 006 . 69339 ' QUITCLAIM DEED I, THOMAS A. MCQUEENEY, individually, of 230 Carrsbrook Drive, Charlottesville, Vir inia (22901) , for the consideration paid of One (�1.00) Dollar, grant to THOMAS A. MCQUEENEY and ELLYN M. McQUEENEY, husband and wife, as tenants by the entirety, both with a mailing address at 230 Carrsbrook Drive, Charlottesville, Virginia (22901) , with QUITCLAIM COVENANTS, the land, with the buildings thereon, situated in Barnstable (Santuit) Barnstable County, Massachusetts, being shown as LOT 15 , as shown on a plan entitled "HILLCREST" Plan of Land in Barnstable, Mass. Scale: 1"=1001 , December 5, 1972, Ewald 6 Maschi Inc. Engineering Consultants, 908 Concord Street, Framingham, Mass. Route 6A, "Sea-Lake Building' , Sandwich, Mass.' which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Together with the right to use the ways as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways commonly are used in the Town of Barnstable. There is reserved to Richard A. Aliberti and Mary T. ; Aliberti the right to grant further rights of way and i easements to public utility corporations in said ways. The conveyed premises are subject to restrictions as set forth in an instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCREST", dated August 1, 1973 and recorded with said Registry in Book 1916, Page 15 , as amended by instruments dated July 11, 1975 and recorded with said Registry in Book 2209, Page 268, and dated September 18, 1975, and recorded in , Book 2241, Pages 91 and 94. The conveyed premises are also subject to an easement to Cape S Vineyard Electric. Company dated September 22, 1965 and � recorded with said Registry in Book 1313 Page 300 and Page 301; to an easement to New England Telephone and Telegraph Company and New Bedford Gas and Edison Light Company dated June 12, 1973 and recorded with said Registry in Book 1878, Page 335; and to an easement to the Cotuit Fire District dated May 15, 1973 and recorded with said Registry in Book 1994, Page 328. Subject to Bills of Sale and easement to Cotuit Fire District dated May 15, 1973 and October 27, 1975, and recorded in Book 1994, Page 324, and Book 2255, Page 196, respectively. aooK MPAVE 007 For Grantor's title see deed .from Richard A. Alberti, et ux recorded -with Barnstable County Deeds in Book 3085, Page 340. -i j • WITNESS my hand and seal this .` day of November, 1985. T OMAS A. MCQ EY COMMONWEALTH OF VIRGINIA j ,ss. Then personally appeared the above-named THOMAS A. MCQUEENEY and acknowledged the foregoing instrument to be his free act and deed, before me, LItF Notary Public C. !F My Commission expires: a7 9hd -2- NOV 2185 t.. R 118 Furlong Way, Cotuit Assessors Map 8, Parcel 15 t aw2936 Fe; 255 16735 � SEA-LAKE CORPORATION a corporation duly established under the laws of The Commonwealth of Massachusletts and having{ its usual place of busindBs at Sandwich of Barnstable County, Massachusetts, in consideration of FIFTEEN THOUSAND ($15,000.00) DOLLARS j[ grants to BRUCE A. WRIGHT and SUSAN WRIGHT, Husband and Wife, as Tenants by the Entirety, both of12 Nourse Street, Arlington, Middlesex County, Massachusetts i with gattrbatm rouenaids AkKJoubdxx Those certain parcels of land situate in Barnstable (Santuit) Barnstable County, Massachusetts, being shown as LOTS 7 11 13 and 27, as shown on a plan entitled "HILLCREST" Plan ot Land in Barnstable, Wis. Scales 1" 0 1001, December 5, 1972, Ewald a Maschi Inc. Engin- eering Consultants, 908 Concord Street, Framingham, Mass., Route 6A, 'Sea-Lake Building' , Sandwich, Mass." which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Together with aright to use the ways as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways commonly used in the Town of Barnstable. There is reserved to the grantor the right to „grant further rights of way and easements to public utility corporations in said ways. ; The conveyed premises are subject to restrictions as set forth in j an instrument eneitled "VOLUNTARY RESTRICTIONS 'HILLCREST'", dated August 1, 1973 and recorded with said Registry in Book 1916, Page 15, as waanded by instruments dated July 11, 1975 and recorded with said Registry in Book 2209, Page 268, and dated September 18, 1975 and reoorded *in Book 2241, Pages 91 and 94. The conveyed premises are also subject to an easement to Cape a Vine- yard Electric Company dated September 22, 1965 and recorded with said Registry in Book 1313, Page 300t to an easement to Cape & Vineyard Electric Company dated September 22, 1965 and recorded with said Registry in Book 1313, Page 301r to an easement to New England Telephone and Telegraph Company and New Bedford Gas and Edison Light Company dated June 12, 1973 and recorded with said Registry in Book 1878, Page 3351 and to an easement to Cotuit Fire District dated May 15, 1973 and recorded with said Registry in Book 1994, Page 328. Subject to a Bills of Sale and Easement to Coutit Fire District dated May 15, 1973 and October 27, 1975, and recorded in Book 1994, Page 324, and Book 2255, Page 196 respectively., Being a portion of premises described from Raymond D. Crawford to Sea- Lake Corporation dated July 17, 1972 and recorded with said Registry in Book 1691, Page 289. r DOON2936 PAGE .2556 a 1 r 1 lit W#ag$'NbMVt the said SEA—LAKE CORPORATION has caused its corporate seal to be hereto al6xrd and thew.presents to be signed, acknowledged and delivered in its name and behalf by PAM J. LYNCH its p es. & Treas. hereto duly authorised,this S/7i�f day o? Zru M& in the year one thousan ndred and ey SEA—LAKE' c Signed and sealed in prosenoo of r• by PAUL J. 3� CH . n:..u.A..Yli�� i r rile y 64 •.. 1 Mt WFAMMIMMAMMS • 4 • 1 ' 1 SARNSTASLE, ee. 3UIJE y 1979 Then personally appeared the above named Paul J, Lynch, President and Treasurer, as aforesaid, and acknowledged the foregoing instrument to be the free act and deed of the Sea—Lake Corporation. before me "JOY N. a .`;J My commission expires R. LELAND`SNE •� J .. § MY.COMMISSION' CCIMMONWEAL �� _ T7ni"V,,5 T F SSAC T ' u�cK3990 FAG[ 089 BRUCE A. WRIGHT and SUSAN WRIGHT of 15 Nourse Street, Arlington, Massachusetts 02174 ,ot County, Massachusetts, in consideration Of THIRTEEN THOUSAND SEVEN HUNDRED AND N0/100 ($13,700.00) DOLLARS 1 grant to JOHN PAUL SLAVINSKY and SHEILA SLAVINSKY of Edgewater "Drive, Mashpee, Barnstable County, Massachusetts 02649, husband and wife as tenants by the entirety ilk with quitclaim rournarim thR AFAxk'k that certain parcel. of land situated in Barnstable (Santuit) , Barnstable County, Massachusett, being shown as LOT 13 as shown on a plan entitled "HILLCREST" Plan of Land in Barnstable, Mass. Scale: 1" = 1001, December 5, 1972, Ewald & Maschi Inc. Engineering Consultants, 908 Concord Street, Framingham, Mass., Route 6A, 'Sea-Lake Building', Sandwich, Mass." which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Together with a right to use the ways as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways commonly used in the Town of Barnstable. There is reserved to the grantor the right to grant further rights of way and easements to public utility corporations in said ways. The conveyed premises are subject to restrictions as set forth in an instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCREST"', dated August 1, 1973 and recorded with said Registry in Book 1916, Page 15, as amended by instruments dated July 11, 1975 and recorded with said Registry in Book 2209, Page 268, and dated September 18, 1975 and recorded in Book 2241, Page 94. The conveyed premises are also subject to an easement to Cape & Vineyard Electric Company dated September 22, 1965 and recorded with said Registry in Book 1313, Page 300; to an easement to Cape & Vineyard Elcectric Company dated September 22, 1965 and recorded with said Registry in Book 1313, Page 301; to an easement to New England Telephone and Telegraph Company and New Bedford Gas and Edison Light Company dated June 12, 1973 and recorded with said Registry in Book 1878, Page 335; and to an easement to Cotuit Fire District dated May 15, 1973 and recorded with said Registry in Book 1994, Page 328. Subject to a Bill of Sale and Easement to Cotuit Fire- District dated May 15, 1973-and October 27, 1975, and recorded in Book 1994,.Page 324,. and Book 2255, Page 196 respectively. Being a portion of premises described from Raymond D. Crawford to Sea-Lake Corporation dated July 17, 1972 and recorded with said Registry in Book 1691, Page,289. b001'.3930 PAGE CaOM[M(O(tJ■W�E`1 F� 5 HkUSE,TiTS 3 1. '9 G I-1 Executed as a sealed instrument this /� ay o4 44 BRU A. SUSAN WRIGHT fr�C �lef�no�we�lto��rbu�ett�c Barnstable, 68. � � /8 19, Then personally appeared the above named Bruce A. Wright and Susan Wright 1 and acknowledged the foregoing instrument to be free not and deed, , d Before me, �yr�.t.GP Notary Public—JuNta V My commission expires . .. w..4w}f'I..M'/ww.M1W..Mrw....•MnraiM�. MNR,�MIY1w. E��;9119 PN�E 24'3527 132 JOHN PAUL SLAVINSKY and SHEILA SLAVINSKY, husband and wife as tenants by-the entirety of Edgewater Drive, Mashpee, Barnstable County, Massachusetts. in consideration of TWENTY TWO THOUSAND FIVE HUNDRED AND 00/100 ($22,500.00) DOLLARS grant to FREDERICK H. BODEN and RICHARD M. BODEN, Trustees of Boden & Boden Realty Trust, which trust is dated rAAV 131tq&4 and.recorded with Barnstable County Registry of Deeds in,WakW_Ak., yMB 1;526 with an address of I 006W Am" l"Is , comr, M455, ssB with *fti w runetania fiwJ mdois that certain parcel of land situated in Barnstable (Santuit), Barnstable County, Massachusetts, being shown as Lot 13 on a plan entitled "HILLCREST Plan of Land in Barnstable, Mass. Scale 1" - 1001, December 5, 1972, Ewald a Maschi Inc. Engineering Consultants, 908 Concord Street, Framingham, Mass., Route 6A, 'Sea-Lake Building', Sandwich, Mass." which said r plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, t Page 4. Together with a right to use the we as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnstable. . There is reserved to the grantor the right to grant further rights of way and easements to public utility corporations in said ways. The conveyed premises are subject to restrictions as ;set forth in an instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCRwST"', dated August 1, 1973 and recorded with said Registry in Book 1916, Page 15., as amended by instruments dated July 11, 1975 and recorded with said Registry in Book 2209, Page 268, and dated September 18, 1975 and recorded in Book 2241, Page 94. The conveyed premises are also subject to an easement to Cape & Vineyard Electric Company dated September 22, 1965 and recorded with said Registry t in Book 1313, Page 300; to an easement to Cape a Vineyard Electric Company dated September 22, 1965 and recorded with said Registry in Book 1313, Page 301; to an easement to New England Telephone and Telegraph Company and New Bedford Gas and Edison Light Company dated June 12, 1973 and recorded with said Registry in Book 1878, Page 335; and to an easement to Cotuit.Fire District dated May 15, 1973 and recorded with said Registry in Book 1994, Page 328. Subject to a Bill of Sale and Easement to 'Cotuit Fire District dated May 15, 1973 and October 27, 1975, and recorded in Book 1994, Page 324, and Book 2255, Page 196 respectively. Being a portion of premises described from Raymond D.' Crawford to Sea-Lake Corporation dated July 17, 1972 and recorded with said Registry in Book 1691, Page 289. ; For our title see deed from Bruce A. Wright and Susan Wright to us dated January 18. 1984 recorded with Barnstable County Registry of Deeds in Book bW%O D3 i Executed as a sealed instrument this . Z � day of 19$N OHH PAUL SLAVI �enu>etof�tdnt�ett� Barnstable, Then personally appeared the above named John Paul Slavinsky and Sheila Slavinsky i and ackiiowledged the foregoing instrument to be their free act and deed, Befwv me, , �- Notary PubW—aaMi of Ae-Praw My commission expires C)jy� 19 SS it } 'eoac�bl5 ��cE 03 24314 WE, FREDERICK H. BODEN and RICHARD M. BODEN, Trustees of Boden & Boden Realty Trust, which trust is dated May 23, 1984 and recorded with Barnstable County Registry of Deeds as Doc. g 23526 with an address of 44 Queen Anne Lane,; Cotuit, Mass. For the full consideration of THIRTY SIX THOUSAND AND N0/100 ($36,000.00) paid,, Grant to Francis E. Verrochi and Jean Verrochi, husband and wife as tenants by the entirety, both of 10 Granite Street, Brockton, MA WITH QUITCLAIM COVENANTS, that certain parcel of land situated in Barnstable (Santuit), Barnstable County, Massachusetts, being shown as LOT 13 on a plan entitled "HILLCREST Plan of Land in Barnstable, Mass. Scale 1" - 100' December 5, 1972, Ewald & Maschi Inc. Engineering Consultafts, 908 Concord Street, Framingham, Mass. , Route 6A. 'Sea-Lake Building', Sandwich, Mass." which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Together with a right to use the ways as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnstable. The conveyed premises are subject to restrictions as set forth in an instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCREST"', dated August 1, 1973 and recorded with said Registry in Book 1916, page 15, as amended by instruments dated July 11, 1975 and recorded with said Registry in Book 2209, Page 268, and dated September 18, 1975 and recorded in Book 2241, Page 94. The conveyed premises are also subject to an easement to Cape & Vineyard Electric Company dated September 22, 1965 and recorded with said Registry in Book 1313, Page 300, to an easement to Cape & Vineyard Electric Company dated September 22, 1965 and recorded with said Registry in Book 1313, Page 301; to an easement to New England Telephone and Telegraph Company and New Bedford Gas and Edison Light Company dated June 12, 1973 and recorded with said Registry in Book 1878, Page 335; and to an easement to Cotuit Fire District dated May 15, 1973 and recorded with said Registry in Book 1994, Page 328. Subject to a Bill of Sale and Easement to Cotuit Fire District dated May 15, 1973 and October 27, 1975, and recorded in Book 1994, Page 324, and Book 2255, Page 196 respectively. Being a portion of premises described from Raymond D. Crawford to Sea-Lake Corporation dated July 17, 1972 and recorded with said Registry in Book 1691, Page 289. For title see deed recorded with Barnstable County Registry of Deeds in Book 4119, Page 132. : WITNESS our hands and seals this day of May, 1985. e.441ee COMMONWEALTH 4f MASSACHUSETTSdam FREDERICK H. BODEN, Trustee — 81. 0 8 j - RICHARD M. BOD , Trustee COMMONWEALTH OF MASSACHUSETTS Barnstable, as. May q, 1985. Then personally appeared the above-named Frederick H. Boden, Trustee as aforesaid, and acknowledged the foregoing instrument to be his free act ° and deed, before me, L l.L r •NJ _... n..L 1J� BK11823 PG279 84419 1 1 --06- 1939 a O3 s 44 WE, FRANCIS E. VERROCHI and ,LEAN A. VERROCHI, husband and wife, both of Barnstable, Barnstable County,Massachusetts in consideration of $39,000.00 rant to RICHARD A. MASON and MARY J. MASON, hu bind atld-W#-€�-- to yl a g 8 ey-�et} nartts-by-the ertt#rety;moth- -PreordW hPi-�,rv/1�j► Of 113 Furlong Way, Cotuit, MA 02635 with quittlxittt tobettxnts the land in Barnstable (Santuit), Barnstable County, Mass., being shown as Lot 13 on a plan entitled, "HILLCREST Plan of Land in Barnstable, Mass. Scale 1" - 100 ' December 5, 1972, Ewald & Maschi Inc. Engineering Consultants, 908 Concord Street, Framingham, Mass., Route 6A 'Sea-Lake Building', Sandwich, Mass." which said plan is recorded with Barnstable Registry of Deeds' in Plan Book 268, Page 4. Together with a right to use the ways as shown on said plan in common with all other now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnstable. The conveyed premises are subject to restrictions as set forth in an instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCREST"', dated August 1, 1973 and recorded with said Registry in Book 1916, Page 15, as amended by instruments dated July 11, M Ln 1975 and recorded with said Registry in Book 2209, Page 268 and dated September 18, %0.0 1975 and recorded in Book 2241, Page 94. 0 0 The conveyed premises are also subject to an easement to Cape & Vineyard Electric Company dated September 22, 1965 and recorded with said Registry in Book 1313, Page 300; to an easement to Cape & Vineyard Electric Company dated September 22, 1965 and ::. recorded with said Registry in Book 1313, Page 301; to an easement to New England Telephone and Telegraph Company and New Bedford Gas and Edison Light Company dated cg$ June 12, 1973 and recorded with said Registry in Book 1878, Page 335; and to an easement to Cotuit Fire District dated May 15, 1973 and recorded with said Registry In Book 1994, Page 328. Subject to a Bill of Sale and Easement to Cotuit Fire District dated May 15, 1973 and October 27, 1975, and recorded in Book 1994, Page 324 and Book 2255, Page 196 respectively. For Title See Barnstable Weds, Book 4525, page 203.` a w; A f;:h i w4-4 en Cn IMMILVO CAN kL; 3 .. Q O W Executed as a sealed instrument this day of ovembe , 1998 s �E 4 1 cis E. Ve r i can error LIS6O the (01 [1- onEvexlth of �Iuaaxrhusetts Barnstable, ss. November G, 1998 Then personally appeared the above named Francis E. Verroehi and Jean A. Verroehi, Yaocr<3781 ratE 151. ti35411 ��d RUTHANNE GROVER of 181 School Street, Cotuit, Barnstable County, r Massachusetts 4 Qix b41CItOt9C to �t in consideration of TWENTY FOUR THOUSAND ($2.4,000.00) DOLLARS grant to STEPHANIE G. WALL, Trustee of Goonan Trust, under Declaration of Trust dated June 27, 1983 to be recorded herewith, of 81 Columbus Avenue, West Bridgewater, Plymouth County, Massachusetts �7... xoffx with quitrluim rournanie Ys the land in Barnstable (Santuit) Barnstable Count bound and described as follows: y SOUTHERLY: By Old Kings Road as shown on plan herein and ar after referred to, One hundred nineteen and 55/100ths (119.55) feet; WESTERLY: By Santuit River as shown on said plan, Four hundred seventy eight and No/100ths 4478.00) feet more or less; SOUTHWESTERLY, NORTHWESTERLY and NORTHEASTERLY: By,Lot 13 as shown on said plan, One hundred sixty and No/100ths (160.00) feet more or less; NORTHWESTERLY: By Lot 13 as shown on said plan, One hundred eighty two and No/100ths (182.00) feet; NORTHEASTERLY: By a portion of Lot 15 as shown on said plan, Eighty and 27/100ths feet (80.27); SOUTHEASTERLY: By land now or formerly of Raymond D. Crawford et ux (Santuit Golf Course) as shown on said plan, Two hundred sixty nine and 45/100ths �4 (269.45) feet; and EASTERLY: By land now or formerly of Raymond D. Crawford et ux One hundred five and 52/100ths (105.52) R� feet as shown on said plan. The conveyed premises contains 48,825 square feet and is shown as LOT 14 on plan of land entitled "HILLCREST" Plan of Land in Barnstable Mass.,Scale: 1"=100', December 5, 1972 Ewald & Maschi, Inc., Engineer :ding Consultants, 908 Concord Street, Framingham, Mass., Route 6A, ry `*"'Sea-Lake Building' Sandwich, Mass." which said plan is recorded with -<t .`Barnstable County Registry of Deeds in Plan Book 268 Page 4. Together with a right to use the ways as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnstable. lk There is reserved to the Grantor a right to g grant further rights of r sways and easements to public utility corporations in said ways. .` ' The granted premises are subject to restrictions as set forth in an':instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCREST'" dated August 1973 and recorded with said Registry in Book 1916 Page 15, as ;amended by instruments recorded with said Registry in Book 2209 Page 268 and Book 2241 Page 94. vf ¢= yes u ' I l F-- ti eo%378i PACE 152 � The granted premises are also subject to an easement to New �{ k England Telephone and Telegraph Company and New Bedford Gas and Edison4: z_ Light COmpany dated June 12, 1973 and recorded with said Registry in Book 187E Page 335; and ts+o easements to- Cotuit ':Fire District dated May 15, 1973 and October 22, 1975 and recorded with said Registry in Book 1994'Page 328 and Book 2255 Page 196, respectively. , s FOR .TITLE: See deed of Sea—Lake Corporation to me dated j June 29, 1976 and recorded with Barnstable Deeds Book 2392 Page 103. s.= '1 ; M <<•'��``rr� VXTF{ OF AID' r.•�;'.G(i$ fi,.. r, �. 54. k o i Executed as a sealed instrument this )� dqy of JUNE 19 8 3 " Y.` � r a, o j 0 1 , Ruthan a Grove� r a ! . w t �dhe�Ommcnwettltftofarhusett� S B°' June ,2 7 19 83 s Then personally a RUTHANNE GROVER pe y appeared the above named t and acknowledged the foregoing instrument to be HER _ roe aot nd deed, Before me, a I k - Notary PUUie—X141Q3(r}lg1C}L T=-- My commission expires //,G r 19�f al tt I r ts,1. rjL*. st x� is - RECuRDED SUN 27 83 F J :r .Affidavit of Substantial Financial Interest �. � ti of u n oath 1, h. depose and state as follows: 1. 1 am an applicant for a building permit for th pro e located at Map 0 Parcel 2. 1 have ® % legal or equitable interest in the real property 1 above.e subject of the building perm it application which is identified in paragraph 2 D 2„ the 3. Within 1n the last twelve months from today's date, which al o —able interest in %following individuals or entities have had a 1 or greater leg q uitthe real property which'is the subject of the building permit application which is identified in paragraph 1 above: Name Address eO�X, 1341) rYlq 02103 4. Within the last twelve months, from today's date, which is. a 2, �� 1 have had. a 1% or greater legal or equitable interest in the following properties which have been the subject of a building permit application: Address �MaplParcel A Rd (aka • 3LJ ` 83 5. Within this calendar year, I have submitted j 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, l have submitted a building permit applications for property in. which I have a 1% legal-or equitable interest. $, Within this month, I have received building permits-for property in which I have a 1% legal or equitable interest. der the pains and penalties of perjury, this day of 200 Signed under p • v 1 . 2001-00%affin O/LOTTERYIAFFIDAVIT I • ✓fie vi omvnwauueafCfi �,/ aaaacfivaels jlII B®AiRD QF BUILD,fNG REORV,WTIq'NS jL�cen'se CONSTRUCTION SURERVISOR Numb( s 01r827.4 I �- ..�� I'9:43 ! { {jL jdat� `Tr.no: 14918I Re t 1 ted i ..a IQ � "ERLd!N J LADD - /a M PO BOX 1'015 "`'- BUZZARDS BAY, AAA3 Ad ministrator ` _.-x w Alt cam_+:�s*e>�s r•�__-•--..._ ----'- i PURCHASE AND SALE AGREEMENT This day of_ fZ� ' , 2002. l. Parties: Stephanie G. Wall, Trustee of the Goonan Trust, under declaration of trust dated June 27, 1983, and recorded in Book 3781, Page 146 of the Barnstable County Registry of Deeds, of PO Box 840, Cotuit,MA 02635, hereinafter called the Seller, agrees to sell and Ladd & Company,Inc., a Massachusetts corporation, of PO Box 1015, Buzzards Bay,MA, hereinafter called the Buyer or Purchaser, agrees to buy, upon the terms hereinafter set forth,the following described premises: i 2. Premises: A vacant lot of land known as 114 Furlong Way, Cotuit,MA and shown as Lot 14 on plan recorded in Plan Book 268, Page 4. For title see Book. 3781,Page 151 and Book 12542, Page 124. 3. Buildings, Structures, Improvements, Fixtures: Included in the sale as a part of said premises are: N/A—vacant land 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(7) days before the deed is to be delivered as herein provided, and said deed shall convey a good and clear record and marketable title thereto, free from encumbrances, except (a) Provisions of existing building and zoning laws; (b) Such taxes for the then current fiscal year as are not due and payable on the date of the delivery of such deed- (c) Any liens for municipal betterments; and (d) Easements, restrictions and reservations of record, if any, so long as the same do not prohibit or materially interfere with the current use of said premises as residential property. 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. Purchase Face: The agreed purchase price for said premises is One Hundred Twenty Five Thousand and 00/100 dollars, of which Dunning&Kirrane,L.L.P. 133 Falmouth Road,P.O.Box 560,Mashpee,MA 02649 (508)477-6500 (508)477-5697 Fax $ 500.00 was paid with the Offer to Purchase-, 12,000.00 have been paid as a deposit this day and $112,500.00 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). �125,000.00 Total 7. Time for Performance; Delivery of Deed.• Such deed is to be delivered at noon on the 1 st day of July, 2002, at the Barnstable County Registry of Deeds, unless otherwise agreed upon in writing. It is agreed that time is of the essence of this agreement. 8. Possession and Condition of Premises: Full possession of said premises free of all tenants and occupants, except as herein provided, is to be delivered at the time of the delivery of the deed, said premises to be then(a)in the same condition as they now are, reasonable use and wear thereof excepted, and (b) not in violation of said building and zoning laws; and (c) in compliance with provisions of any instrument referred to in clause 4 hereof. The Buyer shall be entitled personally to inspect said premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause. 9. Extension to Perfect Title or Make Premises Conform: If the Seller shall be unable to give title or to make conveyance, or to deliver possession of the premises, all as herein stipulated, or if at the time of the delivery of the deed the premises do not conform with the provisions hereof, then the Seller shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the said premises conform to the provisions hereof, as the case may be, in which event the Seller shall give written notice thereof to the Buyer at or before the time for performance hereunder, and thereupon the time for performance hereof shall be extended for a period of thirty(30) days. In no event shall the Seller be required to expend more than$1000.00 to comply with the provisions of this paragraph 10. 10. Failure to Per Title or Make Premises Conform: If at the expiration of the extended time the Seller shall have failed so to remove any defects in title, deliver possession, or make the premises conform, as the case may be, all as herein agreed, or if at any time during the period of this agreement or any extension thereof,the holder of a mortgage on said premises shall refuse to permit the insurance proceeds, if any,to be used for such purposes, then any payments 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. 11. Buyer's Election to Accept Title: The Buyer shall have the election, at either the original or any extended time for performance to accept such title as the Seller can Dunning&Kinane,L.L.P. y 133 Falmouth Road,P.O.Box 560,Mashpee,MA 02649 (508)477-6500 (508)477-5697 Fax u✓ � deliver to the said premises in their then condition and to pay therefore the purchase price without deduction, in which case the Seller shall convey such title, except that in the event of such conveyance in accord with the provisions of this clause, if the said premises shall have been damaged by fire or casualty insured against,then the Seller shall, unless the Seller has previously restored the premises to their former condition, either (a) pay over or assign to the Buyer, on delivery of the deed, all amounts recovered or,recoverable on account of such insurance, less any amounts reasonably expended by the Seller for any partial restoration; or (b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to restore the said premises to their former condition or to be so paid over or assigned, give to the Buyer a credit against the purchase price, on delivery of the deed, equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the Seller for any partial restoration. 12. Acceptance of Deed: The acceptance of a deed by the Buyer or his nominee as the case may be, shall be deemed to be a 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. 13. Use of Money to Clear Title:. To enable the Seller to make conveyance as herein provided,the Seller may, at the time of delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests, provided that all instruments so procured are recorded simultaneously with the delivery of said deed or customary provisions are made to procure and record same within a reasonable time of closing. 14. Insurance: Until the delivery of the deed, the Seller shall maintain insurance on said premises as follows: Type of insurance Amount of coverage (a) Fire and extended coverage $ N/A (b) 15. Adjustments: Taxes for the then current fiscal year, shall be apportioned and fuel value shall be adjusted, as of the day of performance of this agreement and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the Buyer at the time of delivery of the deed. 16. Adjustment of Unassessed and Abated Taxes: If the exact amount of said taxes is not known or available or improperly adjusted at the time of the delivery of the Dunning&Kiirane,L.L.P. 133 Fahnouth Road,P.O.Box 560,Mashpee,MA 02649 (508)477-6500 (508)477-5697 Fax deed, they shall be apportioned on the basis of the taxes assessed for the preceding fiscal year, with a reapportionment as soon as the new tax rate and valuation can be ascertained; and, if the taxes which are to be apportioned shall thereafter be reduced by abatement, the amount of such abatement, less the Oreasonable 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. This paragraph shall apply to any municipal assessment or charge regardless of nature or type and all the provisions of this paragraph shall survive the delivery of the deed. 17. Broker's.Fee: A broker's fee for professional services of six(6%)percent is due from Seller to Kinlin Grover GMAC Real Estate, the Broker(s)herein, but only if and when the Buyer accepts and records the deed and the Seller receives the full purchase price hereunder.. 18. Broker(s) Warranty: The Broker(s)names herein Kinlin Grover GMAC Real Estate warrant(s)that the Broker(s) is(are) duly licensed as such by the Commonwealth of Massachusetts. 19. Deposit: All deposits hereunder shall be held by the Kinlin Grover GMAC Real Estate subject to the terms of this agreement and shall be duly accounted for at the time of performance of this agreement. In the event of any disagreement between the parties, the escrow agent may retain all deposits made under this agreement pending instructions mutually given in writing by the Seller and the Buyer. 20. Buyer's Default Damages: If the Buyer shall fail to fulfill the Buyer's agreements herein, all deposits made hereunder by the Buyer shall be retained by the Seller as liquidated damages tWess within thi t, days after the cine for-ped-ofmanee ftis my exlensien her-eefl,the Seger-ethepMse notifies the Buyer-in Wig. and this shall be Seller's sole remedy at law or in equity. 21. Warranties and Representations: The Buyer acknowledges that the Buyer has not been influenced to enter into this transaction nor has he relied upon any warranties or representations not set forth or incorporated in this agreement or previously made in writing, except for the following additional warranties and representations, if any, made by either the Seller or the Broker(s): None. 22. Construction of Agreement: This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract,is to take effect as a sealed instrument, sets for the entire contract between the parties, is binding upon and inures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be cancelled, modified Dunning&Kinme,L.L.P. 133 Falmouth Road,P.O.Box 560,Ma4ee,MA 02649 (508)477-6500 (508)477-5697 Fax or amended only by a written instrument executed by both the Seller and the Buyer. If two or more persons are named herein as Buyer their obligations hereunder shall be joint and several. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it. 23. Addifional Provisions: See Addendum incorporated herein by reference. Notice: This is a legal document that creates binding obligations. If not understood, consult an attorney. Seller: tep 'e G. Wall, TrAstee The Goonan Trust Buyer: i - Mer' Ladd, Jr.,z ident and Trea rer,Ladd& pany,Inc. Broker Broker Dunning&Kirrane,L.L.P. 133 Falmouth Road,P.O.Box 560,Mashpee,MA 02649 (508)477-6500 (508)477-5697 Fax ^T Addendum To Purchase and Sale Agreement between Stephanie G. Wall, Trustee ("Seller") and Ladd & Company, Inc. ("Buyer") Buyer's performance is subject to the following: 1 . Satisfactory perc test, at Buyer's expense. 2. Buyer's confirmation that town water and electricity are available, 3. Buyer's confirmation that the right of way is recorded at the Registry of Deeds. 4. Buyer obtaining all necessary permits for the construction of a three bedroom home. If Buyer is not satisfied with results or information obtained in contingencies 1 through 3 above, Buyer will give Seller written notice by May 15, 2002, whereupon this agreement shall be void and without recourse to either party and the Buyer's deposit shall be forthwith refunded. If Seller does not receive written notice by May 15, 2002, contingencies 1 through 3 shall be deemed waived. Provided the Buyer exercises due diligence in applying for the permits needed for construction of a three bedroom home on the property, Contingency #4 above shall remain in force up until the closing date, and Buyer shall be entitled to an extension of up to 60 days in the event that permits are not available by the date of the closing. Seller: The Goonan Trust Buyer: Ladd & Company, Inc. tep hie G. Wall, Tr Ustee. M lin J. La , Jr., President And treasurer The Commonwealth of Massachusetts Department of Industrial Accidents Office 911ayesm9atinos _ - 600 Washington Street Boston,Mass. 02111 Workers' Compensation Insurance Affidavit i 9 name: � location: �-�_ry cityhone# aB°7S qq 70 ❑ I am a homeowner performing all work myself. ❑ I am a sole prietor and have no one works in ca achy I am an employer providing workers' compensation for my employees working on this job. coin an :name:.. . ............ ............. rtddrt ss :, .:`. cr :...:. hone_#.:: �ttseu�ance co:>::::>:''�# •:::: :;.:;>.....'.:.;::.; :.:<.: :: ::: :: : :_ ::...::::.....::::.:::.::,:::::::::._::.::... oliry#.�. ��:I ....� .. �.�. ❑ I am a sole proprietoM r0ntractor _ - meowner(circle one)and have hired the contractors listed below`who have the following workers' compensation polices; COlnp 3:<»:'#::.........>+<:> >:>:#:»:::...:... is%:;;:<:::: <:::>>:<:»>;:;;;:•>:- ............... .::::::::.::.: ............:.:... : { > > r �.v=... .'•'•y�:;i::�'is4j:'�'�?is�;��>;::iii:'i$::i):?::�'ii:t:iiiiiii`:':iii::i>':�i::i}�::::r?C i:T.iY.?: {v::•i:-i ............................................... .............................................................. i;:•::•><r�cQ�::: �:�:��:'.:i:i: .':};:;i:':'?:i::fi::+'.,}:::::::�::�::::::;:�:::�:::::'i+':?;�':::is{:}:�:�:�.::::::::::~;::�':{::: ,;i,:.i;:;iJ::::::::':':::i:y:::: . :+ 2:;:;i:'•`:;<::::k;`::fi>:^:n,•n�.v.;.v,.iii:•i:•::<:i'i:•:i.:i :hshran :> address ::: °one: t i <..., Failure to secure coverage as required mnder section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to SJ M.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that s copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. 1 do hereby certify the pair penalties of pedury that the information provided above is true and correct 2, �� Si Date gnature - Print name Ladd Phone# oiBciai use only do not write in this area to be completed by city or town ofiieial city or town: permit/license# ❑Building Department ❑Licensing Board ❑checkif immediate response is required ❑Selectmen's Office ❑Health Department contact person: phone#; ❑Other Oamed 9195 PJA) Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the "law", an employee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. , An employer is defined as an individual, partnership, association,,corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in thercommonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the of its litical subdivisions shall enter into any contract for the performance of public work until o commonwealth nor any p acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Applicants completely,by checking the box that applies to your situation and Please fill in the workers' compensation affidavit supplying company names, address and phone numbers along with a certificate of insurance as all affidavits may be r confirmation of insurance coverage. Also be sure to sign and submitted to the Department of Industrial Accidents for � su eP � ' t the application for the permit or license s affidavit. The affidavit should be returned to the city or town that. PP i P date the affid being requested, not theDepartment D of Industrial Accidents. Should you have any questions regarding the"law'or if you ep . are required to obtain a workers' compensation policy,please call the Department at the number listed below. City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permitllicense number which will be used as a reference number. The affidavits maybe returilR to the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions. please do not hesitate to,give us a call. The Department's address,telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents Office of livestigations 600 Washington Street Boston, Ma. 02111 fax#: (617) 727-7749 p #: �617 hone 727-4900 ext. 406, 409 or 375 ) MAScheck COMPLIANCE REPORT Massachusetts Energy Code I Permit # I MAScheck Software Version 2.01 I I I I I Checked by/Date I I I ° CITY: Barnstable STATE: Massachusetts HDD: 6137 ' CONSTRUCTION TYPE: 1 or 2 Family, Detached- HEATING SYSTEM TYPE: Other (Non-Electric•Resistan_ce) DATE: 12-2-2002 DATE OF PLANS: 12/02/02 TITLE: 114 Furlong way k . COMPANY INFORMATION: Ladd & Company, Inc. PO Box 1015 Buzzards Bay, Ma. 02532 508-759-9970 + COMPLIANCE: PASSES Required UA = 456 Your Home = 409 A •Area or Cavity Cont. Glazing/Door Perimeter R-Value R-Value U-Value . UA CEILINGS 884 30.0 0.0 31 CEILINGS: Raised Truss 146 26.9 0.0' 5 WALLS: Wood Frame, 16" O.C. 2184 13.0 0.0 180 GLAZING: Windows or .Doors 263 0.490 129 DOORS 20 0.290 6 DOORS 29 0.320 9 FLOORS: Over Unconditioned Space 1028 19,01 0.0 _ 49 HVAC EQUIPMENT: Furnace, 90.5 AFUE " ---------------------------------------------------------------------- --------- COMPLIANCE STATEMENT: The proposed building design described here is consistent with the building plans, .specifications, and other calculations submitted with the permit application. The proposed building has been designed to meet the requirements of the Massachusetts Energy Code. The heating load for this building, and the cooling load if appropriate, has been determined using the applicable Standard Design Conditions found in the Code. The HVAC equipment selected to heat or cool the building shall be' no greater than 1250 of the design load as specified in Sections 780CMR 1310 and J4.4. BVider/Designer Date 2 —4 el r MAScheck INSPECTION CHECKLIST Massachusetts Energy Code MAScheck Software Version 2.01 114 Furlong way • DATE: 12-2-2002 Bldg. l , Dept. 1 Use I I CEILINGS: , [ J I 1. R-30 ' I Comments/Location [ ] 1 2. Raised Truss, R-26.9 .I Comments/Location 1 Insulation must achieve full height over the exterior wall. I WALLS: [ ] 1 1. Wood Frame,, 16" O.C., R-13 I Comments/Location I WINDOWS AND GLASS DOORS: [ ] I 1. .U-value: 0.49 I For windows without labeled U-values, describe features: I # Panes Frame Type Thermal Break? [ ] Yes .[ ] No I Comments/Location 1 DOORS: l [ ] I 1. U-value: 0.29 I Comments/Location j [ J I 2. U-value: 0.32 1 Comments/Location 1 FLOORS: [ ] ► 1. Over Unconditioned Space, R-19 I Comments/Location I HVAC EQUIPMENT: [ J 1 1. Furnace, 90.5 AFUE or higher I Make and Model Number I AIR LEAKAGE: [ ] I Joints, penetrations, -and all other such openings in the building 1 envelope that are sources of air leakage must be sealed. When installed in the building envelope, recessed lighting fixtures 1 shall meet one of the following requirements: I 1. Type IC rated, manufactured with no penetrations between the , 1 inside of the recessed fixture and ceiling. cavity and sealed or Y i gasketed to prevent air leakage into the unconditioned space. 1 2. Type IC rated, in accordance with Standard ASTM E 283, with no I more than 2.0 cfm (0.944 L/s) air movement from the the I conditioned .space to the ceiling cavity. The lighting fixture i shall have been tested at 75 PA or 1.57 lbs/ft2 pressure i difference and shall be labeled. 1 VAPOR RETARDER: [ ] I Required on the warm-in-winter side of all non-vented framed I ceilings, walls, and floors. I MATERIALS IDENTIFICATION: [ ] I Materials and equipment must be identified so that compliance can I be determined. Manufacturer manuals for all- installed heating I and cooling equipment and service- water heating equipment must be I provided. Insulation R-values, glazing U-values, and heating i equipment efficiency must be clearly marked on the building plans I or specifications. I DUCT INSULATION: [ ] i Ducts shall be insulated per Table J4.4.7.1. I DUCT CONSTRUCTION: [ ] I All accessible joints, seams, and connections of supply and return . I ductwork located outside conditioned space, including stud bays or I joist cavities/spaces used to transport air, shall be sealed I - using mastic and fibrous backing tape installed according to the I manufacturer's installation instructions. Mesh tape may be I omitted where gaps are less than 1/8 inch. Duct tape is not I permitted. The HVAC system must provide a means for. balancing I air and water systems. " 4 I TEMPERATURE CONTROLS: [ ] I Thermostats are required for each separate HVAC system. A manual ' I or automatic means to partially restrict or shut off the heating I and/or cooling input to each zone or floor shall be provided. i I HVAC EQUIPMENT SIZING: w [ ] I Rated output capacity of the heating/cooling system' is I not greater than 125% of the design load as specified , I in Sections 780CMR 1310 and J4.4. I , [ ] I SWIMMING POOLS: I All heated swimming pools must have an on/off heater switch and ` I require a cover unless over 20% of the heating energy is from I non-depletable sources. Pool pumps require a time clock. [ J I HVAC PIPING INSULATION: I HVAC piping conveying fluids above 120 F or chilled fluids' I below 55 F must be insulated to the following levels (in.) : . I PIPE SIZES (in.). .. I HEATING SYSTEMS: TEMP '(F) 2" RUNOUTS 0-1" 1.25-2" . 2.5-4" I Low pressure/temp. 201-250 1.0 1.5 1.5. 2.0 I Low temperature 120-200 6.5 1.0 1.0 1.5 Steam condensate any 1.0 1.0 1.5 2.0 I 'COOLING SYSTEMS: I - Chilled water or 40-55 0.5 0.5 0.75 1.0 I refrigerant below 40 .1.0 1.0 1.5 1.5 [ '] I CIRCULATING HOT WATER SYSTEMS: I Insulate circulating hot water pipes to the following levels (in.) I . I ' i I PIPE SIZES (in.) I NON-CIRCULATING I CIRCULATING MAINS & RUNOUTS I HEATED WATER TEMP (F) : RUNOUTS 0-l" I 0-1.25" 1.5-2.0" 2.0+" 1 170-180 0.5 I 1.0 1.5 2.0 1 140-160 0.5 I 0.5 1.0 1.5 I 100-130 '0.5 1 0.5 0,.5 1.0 ----NOTES TO FIELD (Building Department Use Only)--------------------- --- 1 12.2212002 17:29 5083629001 KINLIIA GROVER GMAC FAGE 02 `„ �k Sri b o� ►"�.�� ;�....®.,.�.__.._...;,..,.—.. -- WJ JL"NE craOVEa of 181 34hool fssset, QOtait, Ogrxsatabas count-It, �asacAusetts _ ire , fjF �>e `' is o daatiss of TOMS f(3vi TROVBA1v0 (624,600.00) DM"RS 'mod 0 8T'B8d'"zz 6. NUZO Mate's of 6ognan Trust, under Declarat iUM of Trust dated June 27, 1983 to be'recorded herewith, of 81 columbus Avenue, Nest Bridgewater, e'lyscnth G=%T, Hass"kuse" NEU the in earrstable (Santuit) Barnstable County bound and described 0 ows: yy SOUTHERLY. N d ter referredto,a o, one hundr'ed plan allsteen and and " 55/100ths (110.35)' 00t: WESTERLY: ly santuit River as s3umm qn eaid plan, Pour ' lwndred ssventy tight and Me/leewts (470.00) feet sure or leant aou"MESTZRLY, NORMNa'i"I= "a pORTMSTBRLYs by Lot 13 as shown on said plan, one hundred Sixty ana Nello0f.ha (160.20) test more go lass: t(ORTMM"z zyI sly, Zat 13 as shows owe on said P anOfOfeetandred iq IIORTHSABUnyl Ry a portton of Lot 1S as shove an said plan, $Lghty and 27/100ths feet (80.27). SOUTZMT8RLY. by land now or formerly of Raymond 0. Crawford et ux (6antuit dglf Course) as shaven on said plan, Two hszra(ssd sixty nine MA 0110aths I161.45) feety and a :* EASTERLY: By land now or formerly of Aaymand 0. Crawford -�` et uX One hundn3d five 406 52/100ths 110.52) feet ds shewn ea said plan. The cenvsyaed premises slOAtBins 48,828 feet and is shaven as LOT id an plate of land sntitlad If=CRESr play. of Land in Barnstable Wass.,Scale: 1"wi40°, FSecemL®r 5. 1977 9Dwild 6 kast:hi, SAr— IEtagingerr� igg COASUltants. 008 Concord Street, YrsosingAaa�t. Mass., Route GA, t,t 'sea-Lake building° Sandwich, Mass.' 0hf.ah assd plan is recorded with .+ iaraatabis CouBty RegigUy of Deadu $At plan look 260 Page d. 'together with a right to age the ways as shown an said plan. La co n with 41L sehsre vow or hereafter lawfully M%ttked thereta far all. purposes For ahi`h public Ways are cOtas ODIT used in t e Town Of Barnstable. Thera is rescrved to tho Grantor a right to grant further rights of vays and sa.g*mnta eo public %tYlSey qaxpor&tionx in 2MA waya<. ':he gr^Ar-ed paee"ues are auegee't to restriatA.MS; as spat .forth in an . + ; instrument entitled 'WUMARY MTRICTIONS '8Zi•L `" dated August 1, 1973 and recorded with said "Lxtsy ix Book 1618 page is, as ;',•, e+msndsd by inaftu"ats xva mrda RgE.A q(L t -in fah 2209 Page "• 268 and Book 2241 Para 94. F {+ ;c`•E+ 1 � 6` 1, 80/ZB 39Vd" 3NV681>1 3 9NINNnG EE9L--LLf-80S SZ:LL Z00c/Z0/4T 12102/2002 17:29 5083629001 KINLIN GROVER GMAC PAGE 03 ear 37i Au 1,52 . 1.al M�. 1• r 6wJ ® ��{� Y`, sue. s �m�s,y {� The granted Area L-389 are ela8 =*Jeot o 'an -ease aht to Nev - + England TelepNotre and Talegs�ph Company and new Bedford Gras and Edison ,LSght aW► ae'Cad fthe I , .�9,T3 and 80909W with SW-Rqq tA7 in n®ek 1t76 page 3350 and to ea ments to Cotuit vise .OfAtriat dated May 13. 1973 ud OetvMr 22, 1973 and rsuarded 41-th malt! Registry in Hack M4 PWP 329 and Hoak 2255 Page 136, reapee#iyaly, r i r FQlt TI'"L8; Sea deed of Sea-Lake Corporatina .to at dated �' 4 Jana 29, 1976 a W zaa*Ltad WIth idasAi$Aale lboe�,'#oaJt 33b2 papa 103, � �sa�i I � ? 1 w • o ' I cc jm Me�j �t11 of MA <Y'" - i xarsted u a PRlruct hwftvw@@*'*b A�Z� �K � m 13 . 'e } .ri; • zae .v77 1t .63 { 1°Iwn PmmW-Pi"rW the abs"mmW MMM QSt 02t t # t+W!ae_knew�laad ehs lopeN lat IMOMPANt to be Rn sec god dam, Won qw, i /►dov pm*y MY 1 82/Eo 30vi 3Nt'lddlN 18 9NTNNnG EE9L-LLb-9QS SZ-TT Z30Z/Z0/ZT 12IO2I2002 17: 29 5@83629001 KINLIN GROVER GIAAC PAGE 04 sK 1 42 PG 1.2 - r r DEED WaIlowbend DcveloPM=t COkPO ration. of Mubpes' Rw=table COUMY, Massac vlctts . in c6nsideragon of: NoaaWglcoasideratiooa - �,7 . gram to Step U. r all, Trustee of Goom Trust Under declarxdDu Of'Trust, tGii Yu e - 27, .1983,recorded with Barnstable County Registry of Reeds is Book 3781, Page 146,.of 81 Columbus,A a ewe, 1'7'wt BrWpwa , Ma soaduumm e with Quitclaim Covexr m- A oertain parcel of land situated in MaslWee, Barnstable C01onl3, Mass ns" bounded and. 'described a9 followrs:, southerly: by Old Icings Road fifty acrid 00/100(50.00) feet; Easterly; by the thrad of the Santuitt Rives two ho4rred and 00/100 (200.00) feet ire or less; Northerly: by laud now or formerly of the grantar, fifty and 001100 (50:00) feet; and Westerly: by.other.land or the SraaW to the point of beginning. Being shoum as a portion of,Lot 14 on a Plat of Land in Bible, MasswkusMs, Scale 1"=100' dated December 5, 1972 and recorded in Plan Book 268, Page 4, and being a portion of Tot 1 on pLw recorded ta Phis Hook 2.59, Page 39. The purpose of this dead is to restore the Original configwi ion of said Lot 14 as shgwn on , said Plan. , The grantor reserves a Pe rpeMA exclUSive e�aser Mt-DM the grant —sea fox all purposes permitted under the Zoning By Lawn and by,the a=ptanee and recording of this deed the grantee agrees that the grantw and is sa=saars and asAgus shelf lave the beret of Tale ' Covenant recorded herewith. The granted Wises are couveyed`subject to rights; easemecnts, restrictions, and all ntlterr matters of record including but not limited.to. (1)Amended and Restated'TDeelaradon of Covw=ts, Conditions, Easements and Restrictions for WMowrbend, recorded with said Deeds in Book 9906, Page 57, as aruended; (2).the Declaration of Trust.of Willowbend Comity 'Trust, in Book 89M, Page 100, ae amended; (3),IAUe by and betweeu Willowbend Drvclopw=t Corporation as Lessor and'Willowbend Golf Corp. as Tenant, Notice of Lease in Book. 8906, Page 92, as affected b Sublease, Nodes of Lease m Se/va zow 3NV8b 11>i 8 ONINNnG EM_L4p__eos Sz =IL NOZ/z0/zT 12V 02/2C,02 17:29 5083629001 KINLIN GRO'VER GMAC PAGiE 05 Book 8906, page fib; aid (4)Special Permit Decision is Book 5070, Page 290 as lams ' modified of record to date. por tine see deed recorded in Book 7758, Pa$e 180 at the. Bamtable Caunty Regixtry Of needs. �"xUo�►bor�d pz Corporation By- Name. David C. 9outhwortb Title:V.President COMMC)N WEALTH OF MASSACHUSETTS 6,y' 199$ lBarmstable, se Then personally appeared David C. Sowhwortb on behalf of WiDowbeod Development Corporation and aci=wledged the foregoing to be the free get and deed of said corporation. before me ILIG • 'Pl. Nwj Public a fAfshn E. con=Won 60/SE 3Jyd 34V881 i '8 9NINNM ML-LLb-809 9Z :11 zeezZ/ZQ/wlL -- °FtME r� The Town of Barnstable - ELAW MIX • 9� 1639. � Department of Health Safety and Environmental Services 'OlEor�ors Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner May 17,2000 To Whom It May Concern: I regret to inform you that your request for a building permit for 114 Furlong Way in Cotuit must be denied. It is our position that this lot does not meet the dimensional requirements of zoning. Sincerely, Ralph M.Crossen Building Commissioner RMC/1cm 4 { I A Town of Barnstable Planning Division Staff Report Goonan Trust/Wall-Appeal 2000-64 Appeal of the Building Commissioner Date: July 27, 2000 To: Zoning Board of Appeals From: Approved By: Jacqueline Etsten, Interim Director Drafted by: Art Traczyk, Principal Planner Applicant: The Goonan Trust/Stephanie G.Wall,Trustee Property Address: 114 Furlong Way,Cotuit Assessor's Map/Parcel: Map 008, Parcels 016 Zoning: RF Residential F Zoning District Groundwater Overlay: AP Aquifer Protection District Filed:June 08,2000 Hearing:August 02,2000 Decision Due: Background: The property is shown on Assessor's Map 8, Parcel 16 and is commonly addressed as 114 Furlong Way, Cotuit, MA in an RF Residential F Zoning District. The lot is vacant and is segmented by the Santuit River. Although addressed as Furlong Way, frontage for the lot is along Old Kings Road. A minimum lot size of 43,560 sq. ft. of contiguous upland and 150'frontage are required in this district. The Board Members may recall that this parcel was before the Board in 1996 in appeals Number 102 and 134. Those appeal were for variances form the contiguous upland area requirements and from Bulk Regulations, Minimum Lot Area and Frontage. Lot History: From information supplied a developable lot, Lot 14, was created in 1973 by a subdivision plan for Sea-Lake Corporation, and approved by the Planning Board in January, 1973(Subdivision#251, "Hillcrest"). When this plan was first presented to the Planning Board in 1972, the zoning in this area was RD-2, which required a minimum lot area of 20,000 square feet and minimum frontage of 125 feet. Lot 14 of this plan was shown with a 50 foot swath of land located across the Santuit River in the Town of Mashpee. In March of 1973, Article 159 rezoned the RD-2 zoning district to RF and requiring a minimum lot area of one acre of upland. The subdivision was sold in 1976. In this transfer, that portion of land located in Mashpee was left off the deed in the legal description'. Lot 14 was purchased by the applicant in 1983. In that transfer, the 50 foot portion of the lot in Mashpee was not included in the transfer. In 1996, the applicant attempted to secure the lot as buildable with the appropriate Variances. Variance No. 1996-102 for Bulk Regulations, Lot Frontage was granted with conditions. In Appeal No. 96-134 the Board found that no relief was necessary. The decision of the Board was appealed. ' Source-Testimony given at 1996 hearing on Appeal Nos. 102 and 134 Town of Barnstable-Planning Diviswn-Staff Report Goonan Trust/Wall-Appeal 2000-64 Appeal of the Building Commissioner In February of 1998, that part of Lot 14 located in Mashpee was transferred back to the applicant. The deed was recorded in 1999, recreating Lot 14 as it existed in the 1973 plan. It appears that the applicant's attempt to secure a Building Permit for the lot but that permit was refused by the Building Commissioner. In his letter of May 17, 2000, the Commissioner states that the lot does not meet the dimensional requirements of zoning. Staff Review and Comment: It is important to note that the lot before the Board today was actually created in 1999 and not 1973. Although this 1999 lot is an exact"recreation"of the 1973, Lot 14, an intervening circumstance occurred during which the lot lost any non-conforming rights inherited by the 1973 subdivision plan. That occurred when the 50 foot portion of the lot located within Mashpee was deeded to the Willowbend Corporation. When that occurred, any nonconforming rights inherited by the lot from the 1973 subdivision plan(if any)would have been forfeited. In 1999 ,when this new lot 14 was created, it would be required to meet current 1999 Zoning and Planning Board requirements. That is 1 acre of contiguous upland, 150 feet of frontage and that frontage would have to provide a practical access to the lot. This lot does not meet those requirements. Any non-conforming eights that would have been passed along with the 1973, Lot 14, would have expired upon any change in the lot. Restoring the original 1973 configuration does not automatically restore the original non-conforming rights to the Lot. In accordance with Section 4-4.8, once non-conforming rights are relinquished or abandoned, or not exercised for 3 years, they cannot be re-established. Notwithstanding that this is an exact duplicate of Lot 14 created in 1973, the new lot was created in 1999 and that lot must meet zoning requirements of 1999 to be buildable as-of-right. The Building Commissioner had no option but to refuse a building permit for this new lot. Attachments: Applications Copies: Petitioner/Applicant Assessor's Field Cards GIS Map 2 L 0 b FM BARNSTABLE. FLAI -1111G. DEPT F.' 508 862 4725 J 1A T`11 HT I -11-1-1 -G TOWN'01P BARNBUBLE : Boning Board of AppealsEF C� tMlication for Other Porters Data Received roroffice Use On1Y-L Town Clark office appeal Hearing Date 6�^ Decision Due The undersigned hereby applies to the Zoning Board of appeals for the reasons indicated: The Goonan Trust Applicant name: Stephanie G. Wall, Trustee Phone 428-a759 Applicant Address P- 0. Box 272 Cotuit, MA 02635 Property Locations 114 Furlong Way, Cotuit, MA Ir 1 � This is a request fort 1 7 :E, Enforcement Action Iq Appeal of Administrative offtcL e EacLsion FZ L----. 1) Repetitive Petitions 11 . TOM4 OF BAR EI Appeal from the Zoning Adminie4atoplIffiNG BOAR", .,PP L CE2 11 other General Powers - Please specify: Please Provide the rollowing Information (as applicable): The Goonan Trust Property O1A?n6r3 Stephanie G. Wall, Trustee Phone 4?8-3759 Address of Owner: P. 0. Box- 272, Cotuit, MA 02635 Zf applIvant differs from owner,, state nature of lnterest: ASseasores map/Parcel Number Map 8 Parcel 16 zoning District R F Residential F Groundwater overlay District G P Groundwater Protection District which sectionts) of the zoning ordinance and/or of WM Chapter 40JL are YOU appealing to the zoning Board of Appeals? Section 3-1.3 (5) Bulk Regulations, 4-4.2 Nonconforming InrR ftifiting Level Of Development Of the Property - Number of BuildLngns 0 Present Use(D) s Grows r1cor Area: .-------- sq. ft. Proposed use Single Family 'Dwelling M w Q THU I riF, PM B FII`T AFLE. PLA NNIIIJ. DEFT 861 4 _5 r. a Ayolieation for other Powers See attached . Nature i Description of Request: Attached separate sheet 11 needed. zs the property located in an Historic District? Yea El No [C] Zf yes oX9 D�nlY= Plan Review Number Date Approved Zs the building a designated Historic Landmark? Yes [} No [} Zf Yes Historic Preservation Department vge onlx� Data Approved () I} Has a building permit been applied for? Yes No No () Has the Building =nspector refused a permit? gas the property been before Site Plan Review? Yee [) No bd For Building QePAXIM801 Ose on__]L (1 Not Required - single Family site Plan Review Number Date Approved signature: The following information must be submitted with the application at the time of filing, failure to supply this may result in a denial of your request: Throe (3) copies of the completed application fosse, each with original signatures. Three (3) copies of all attachments as may be required pfeforalatanding o before the Board and for clear understanding your The applicant may submit any additional supporting documents to assist the Board in making its determination. June 7, 2000 l G Date: signature: .�pp2icant or Agent's signature: Kevin M. Kirrane, attorney for Applicant 508-477-6500 Agents Address: Dunning & Kirrane Phones P.O. Box 560 508-477-5697 Mashpee, MA 02649 Pax No. fW22 7 i 0.2 et .Y1 W22 pig 16. i/41.2 ewe� _14 l �" ��27 #113 C #116 " wn we r # / i� .3 ,t Me REM } ,rv. vs X �\42.1 . 1gIFg MW22 g I 1 1- 49 i • �"��, 'k a V > �: " `� -•tea;\50 gg ^2 ' IN X IV � 422 2 \ � 414 Yam. 4i 39 f \ y 1 40.f {. QjZ; \/17.8 Map 008 Parcel 016 11� 1-1 SCALE: 1 150 w . ...,�- E The Goonan Trust *NOTE Pbnm>Nriq ,and **NOTE The poW lies are only graphic mp mft iolls DATA SOURCES: Planin dk(man na&feawo were imelpeled from 199S aerial were ma to meet Nmfol� of props boundories.They are not flue lom io%alai MI Som Company.Topogmphy and wlgetotiml were interpreted from 1989 oerial p4mphs b by The lames tm�bV� Map Acmmcy Sta rds of o V of do not represent odlwl mbbonships 10 phys d obo Cowmi n. Planimeirn Iomphy,end wlgetft were mapped to meet Natroel Atop Acmragr Smrknh 1 =100'. on the map. at o smle of 1°=100'. Portal I'ies were dg11Q'ed from 2000 Town of Bwo%Assas's tax maps. e:lgwen21008-016.dgn Jul.07,2000 10:40:53 �l 1 NATURE AND DESCRIPTION OF REQUEST: The lot which is the subject of this Application was shown as Lot 14 on a subdivision plan for Sea Lake Corporation approved by the Planning Board in January 1973. At the time that the plan was approved this lot was shown as having a total of 169.55 feet of frontage: 119.55 feet on the east side of the Santuit River in the Town of Barnstable and 50 feet of frontage on the west side of the river located in the Town of Mashpee. This met the required frontage at the time of 125 feet. (Although frontage is on Old Kings Road access to the property is over a 20 foot wide driveway easement from Furlong Way.) The deeds in the chain of title created a title problem in that they referred to the lot as shown on the plan(which therefore included the frontage on the Mashpee side of the river) but the metes and bounds description deleted the Mashpee portion from the various deeds. (See deed to Applicant attached as Exhibit"A"). Massachusetts Conveyancers Association's standards indicate that reference to a lot as shown on a plan controls. However, the problem was compounded when Sea Lake Corporation granted a large parcel of property on the west side of the Santuit River to Willowbend Development Corporation for a well field. That deed included the parcel which comprised a part of our lot and gave it the legal frontage. This matter came before the Board of Appeals in 1996 and the Board voted to grant a variance, with conditions, from the frontage requirement which at the time of the variance was 150 feet. At the same time the Board voted that no relief was necessary in connection with a variance application relating to the contiguous upland requirement. The abutters appealed the Town's decision. Rather than become embroiled in litigation, the applicant decided that the best solution to the problem would be to resolve the title issues surrounding the disputed portion of the lot. Willowbend Development Corporation signed a deed of the portion of the lot on the Mashpee side of the Santuit River to the applicant. This deed was recorded September 15, 1999 at Book 12542, Page 124 (See Exhibit `B"). The effect of this deed was to remove any ambiguity as to the title to the lot as shown on the original subdivision plan. The Goonan Trust now is the owner, without any cloud on title, of the entire lot as originally subdivided. Having now clear title to the lot as originally subdivided, Applicant submits that it is entitled to the protection afforded by Section 4-4 of the Zoning By-Law, relating to nonconforming lots. The Building Commissioner has declined to issue a building permit (see letter attached as Exhibit "C"). This request is an appeal of that decision. EuK16 &=3781 ►uc i5i ti35% RUTHA:.,;E GROVER of 181 School Street, Cotuit, Barnstable County, Massachusetts E:• ' in consideration of TWENTY FOUR THOUSAND ($24,000.00) DOLLARS ,r grant to STEPHANIE G. WALL, Trustee of Goonan Trust, under Declaratio of Trust dated June 27, 1983 to be'recorded herewith, of 81 Columbus Avenue, West Bridgewater, Plymouth County, Massachusetts Xo& with quiulai:a tournants j the land in Barnstable (Santuit) Barnstable County bound and described ;..� as follows% SOUTHERLY: By Old Rings Road as shown on plan herein and .;' after referred to, One hundred nineteen and ' 55/100ths (119.55)' feet; WESTERLY: By Santuit River as shown on said plan, Pour hundred seventy eight and No/100ths (478.00) t . feet more or less; SOUTHWESTERLY, NORTHWESTERLY and NORTHEASTERLY: By Lot 13 as shown on said plan, One hundred ' sixty and No/100ths (160.00) feet more or less; ' NORTHWESTERLY': By Lot 13 as shown on said plan, One hundred eighty two and No/100ths 4182.00) feet; NORTHEASTERLY: By a portion of Lot 15 as shown on said plan, Eighty and 27/100ths feet (80.27); SOUTHEASTERLY: By land now or formerly of Raymond D. Crawford et ux (Santuit Golf Course) as shown on said plan, Two hundred sixty nine and 45/100ths »y (269.45) feet; and EASTERLY: By land now or formerly of Raymond D. Crawford et ux One hundred five and 52/100ths (105.52) ' feet as shown on said plan. ' .i The conveyed premises contains 48,825 square feet and is shown as -}�Kfi~ LOT 14 on plan of land entitled 'HILLCREST' Plan of Land in Barnstable Mass.,Scale: 1'=100', December 5, 1972 Ewald a Maschi, Inc., Engineer- ing Consultants, 908 Concord Street, Framingham, Mass., Route 6A, * X 'Sea-Lake Building' Sandwich, Mass." which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268 Page 4. ' Together with a right to use the ways as shown on said plan in commc n with all others now or hereafter lawfully entitled thereto for all -' purposes for which public ways are commonly used in the Town of Barnstable. There is reserved to the Grantor a right to q .3,;•*.{,„ q grant further rights of ways and easements to public utility corporations in said ways. The granted premises are subject to restrictions as set forth in an instrument entitled 'VOLUNTARY RESTRICTIONS 'HILLCREST'" dated August 1, 1973 and recorded with said Registry in Book 1916 Page 15, as amended by instruments recorded with said Registry in Book 2209 Page 268 and Book 2241 Page 94. v�� W3781 n 152 • The granted premises are also subject to an easement to New England Telephone and Telegraph Company. and New Bedford Gas and Edison Light Company dated June 12, 1973 and recorded with said Registry in ':^ ! Book 187E Page 3351 and b►0f easements to Cotuit _Fire District dated ' II May 15, 1973 and October 22, 1975 and recorded with said Registry in _? I Book 1994 Page 328 and Book 2255 page 196 ��yg` d;:• : ' g . respectively. 1 FOR TITLE: See deed of Sea—Lake Co ed June 29, 1976 and recorded with Barnstable Deeds Bookration tom2392tPage 103. ' ! W. Y- '•11��1,i i , :�'r. I•; .�r: + �j�%le j[\AVV�� t OF �: _ ,a ,, ` i( Exse!rted '• ! as s s Baled t"ao+rrnaat t6leZ ;)day of JCNE ' 19 83 lie d'•':i:= tj ( Rotawmai Grover 41116 i i June o?7 14 83 Thm P""O" HY aPP WW the above named ROTHANNE GROVER • r and aeknowledRed the fo"901ftE I"a0roment to be HER � aet and daed,�� - � Betora vne,' • fla it Paw&-xMM"IDUM I i MY eommiadon expires i i ' ! i RENR ED JUN 2783 u�.;d;� ► �:, ,�1< 12G42 Ply 12-: U9' S-- 1999 12 . 02 2 S r _ DEED Willowbend Development Corporation, of Mashpee, Barnstable County, Massachusetts in consideration of: Nominal consideration grants to Stephanie G. Wall, Trustee of Goonan Trust under declaration of Trust, dated June 27, 1983.recorded with Barnstable County Registry of Deeds in Book 3781, Page 146,.of 81 Columbus Avenue, West Bridgewater, Massachusetts with Quitclaim Covenants. A certain parcel of land situated in Mashpee, Barnstable County, Massachusetts bounded and. -described as follows: Southerly: by Old King's Road fifty.and 00/100 (50.00) feet; Easterly: by the thread of the Santuit River two hundred and 00/100 (200.00) feet more or less; Northerly: by land now or formerly of the grantor, fifty and 00/100 (50:00) feet; and Westerly: by other land or the grantor to the point of beginning. _- Being shown as a portion of Lot 14 on a Plan of Land in Barnstable, Massachusetts, Scale 1 '=100' dated December 5, 1972 and recorded-in Plan Book 268, Page 4, and being a portion of Lot 1 on plan recorded in Plan Book 259, Page 39. The purpose of this deed is to restore the original configuration of said Lot 14 as shown on said Plan. The grantor reserves a perpetual exclusive easement over the granted premises for all purposes permitted under the Zoning By Law and by the acceptance and recording of this deed the grantee agrees that the grantor and its successors and assigns shall have the benefit of the Covenant recorded herewith. The granted premises are conveyed-subject to rights-, easements,- restrictions, and all other matters of record including but not limited to: (1) Amended and Restated Declaration of Covenants, Conditions, Easements and Restrictions for Willowbend,- recorded with said Deeds in Book 8906, Page 57, as amended; (2) the Declaration of Trust of Willowbend Community Trust, in Book 8906, Page 100, as amended; (3) Lease by and = between Willowbend Development Corporation as Lessor and Willowbend Golf Corp. as Tenant, Notice of Lease in Book 8906, Page 92, as affected by Sublease, Notice of Lease in 1178862.01 Book 8906, Page 96; and (4) Special Permit Decision in Book 5070, Page 290 as [amended] modified of record to date. For title see deed recorded in Book 7758, Page 180 at the Barnstable County Registry of Deeds. Willowbend opment Corporation By: Name: David C. Southworth Title:/ President COMMONWEALTH OF MASSACHUSETTS. Barnstable, ss ��r , 1998 Then personally appeared David C. Southworth on behalf of Willowbend Development Corporation and acknowledged the foregoing to be the free act and deed of said corporation, before me V or. 01 N#yPublic vor,n E. r\cel Commission expires: 8 a'abo1 117HU.01 -2- Fmk The Town . a ow of Barnstable • BAANSGBLg. • KMa i639, Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner May 17,2000 To Whom It May Concern: I regret to inform you that your request for a building permit for 114 Furlong Way in Cotuit must be denied. It is our position that this lot does not meet the dimensional requirements of zoning. Sincerely, Ralph M.Crossen Building Commissioner RMGIan 03/05Z1996 09:44 FROM Attorney James R. Wilson TO 4775697 K.01 _ �y6,-;;aRn agas ---• ..� J.�SARGENT Inv"so MZ"4F El • PI►V� �� A.n.210bE fto QIK It ow OF ..ems , F.+a• } • �,/rpgN ��Z2G �. •� '� P 2 e r 997 �y ,.�•. z Its � w � A 4eJ•• ` '! a AWjaw C 3 '9 tJ o ✓ `i' . :g 4.2t359W J �•3 A•1pT •17 yyg- •o V v' � •« rpo r ' �� C.Lwnq TMwr Wsr•,ca.00 Tw:c P4400-&. c- M•=q00• • 16 'f TES FLM4 of V i1R �A6b4cl*A%�x-- l�".w4 >•�' A•22.14O F !' v Hmbap 1446 U r.K Um=L&MOWD -12 �•25.'OG6f�, . • ,4_ �rs.vip r,cn-NMt•rorewc►:ee Owv3 . was. ,�"�. ��+� �.F..�.;� �..--t• .,g'3 3 : TavAj CC t• + �' REG:5TERED _;.ND SURVEYOR; __" OATS: p a,� •c�v' ,a v. �H I LLCRESTr r G" FLAN OF L,c,VC Kf�NGS ROAD i+ls tZau ►S aFra a4 Trae C NWr11A-rwwT (' IN %a %ar IN -ram ,-x;amv«,CO W SOLD '%%DKO �� BARNSTABLE, MASS VAxj..T1,w 2wpft� SCALE: 1= 1007 G6GEM8ER 5.1S72 �rtivabvaisetires N•ai�E6sogY Yo Acequ�:�.�.y 31?1•�1e �. . zur." LOT kwva FJCE,w C�MipNETaaZbTMiis,/nncpMct�pl (/' EWALDIMASCNI INC. ENGIvEER1%G COirS:_7Aa1TS 'JOS CO.YCORD STREET, FRAMING--iAM, MASS. A$� .� UttJit ipp.� ROUTE.5A, 'SEA-LAKE AUILDING SANDWICH,MASS. TOWN OF BARNSTABLE I JUL 2 7 2 I TOWN OF BARNSTABLE ZONING BOARD OF APPEALS K_ZONING BOARD OF APPEALS,,,,_.,__,,, APPEAL OF BUILDING INSPECTORS DECISION FOR STEPHANIE WALL, TRUSTEE OF GOONAN TRUST Respectfully Submitted, Kevin M. Kirrane, Esquire DUNNING&MRANE,L.L.P. P.D. Box 560 Mashpee, MA 02649 NATUREOFAFFLICATION The Applicant, Stephanie Wall,Trustee of the Goonan Trust is the owner of Lot 14 shown on Plan recorded at Book 268, Page 4 (see Deed attached hereto and marked Exhibit "A")and has appealed a decision of the Building Commissioner denying a building permit for the construction of a single family residence on the lot in question. The Building Commissioner has denied the relief based upon his conclusion that the lot fails to meet current dimensional requirements of the By- Law (see copy of Building Inspectors Decision dated May 17, 2000 attached hereto and marked "Exhibit E"). The Applicant maintains that the lot is a pre- existing non-conforming lot entitled to protection from such dimensional changes, under our local By-Law (4-4.2) and under State Law. THE SITE The Lot consists of more than 48,000 square feet and is shown as Lot 14 on the 1972 plan of the "Hillcrest" Subdivision in Cotuit (see copy of Plan attached hereto and marked exhibit "B"). A portion of the lot is situated in the Town of Barnstable and a portion is situated in the Town of Mashpee. The lot is also impacted by the Santuit River, which runs through a portion of said lot. The lot has frontage on Old Kings Road. (119+ feet in Barnstable and 50+ feet in the Town of Mashpee),but will use the interior subdivision road, Furlong Way as its access and egress. THEFROFOSAL The Applicant seeks to obtain a Building Permit for the construction of a single family residence consistent with applicable code requirements. APPLICABLE ZONING AND ARGUMENT Ordinarily, there would be little question in regard to the issuance of a Building Permit on this lot, however, there was a conflict created by the first deed out from the Developer (Sea Lake Corp) which properly defined the lot as Lot 14 as shown on the Plan but failed to contain an accurate meets and bounds description. The meets and bounds description failed to include the Mashpee portion of the lot, which obviously was an oversight since without that Mashpee strip of land 50' wide, the lot failed to meet the minimum frontage requirement of 125', which allowed the lot to be created in the first instance. Since 1976 that flaw has been carried forward in the chain of title. To further complicate matters, in 1985 the Developer, Sea Lake Corp. deeded its land west of Santuit River to Daniel C. Hostetter, as a part of the proposed Willowbend Development, which included the 50' strip of land, which was part of Lot 14 (see copy of Deed attached hereto and marked Exhibit "C"). The Applicant has had to seek a variety of relief in order to accomplish the ultimate goal of having a buildable lot. In 1996 the Applicant petitioned for Variance Relief(frontage requirement) which this Board granted(Upland Requirement) which the Board concluded was-not needed,but an appeal was filed by an abutter and the matter has been lingering in the Land Court. Since that decision, the Applicant has gone about clearing the cloud on her title created by the omission in her deed description and the subsequent deed to Hostetter of land, which Sea Lake had already deeded to Ruthanne Grover, the initial owner of Lot 14. Although it is the Applicant's position that the deed to Hostetter of land west of the Santuit River, which purported to include the Mashpee portion of her lot was ineffective since Sea Lake had already deeded Lot 14 (including the Mashpee portion) to her predecessor in title, she sought and obtained a deed from Willowbend Development Corporation in 1999 of that portion of her lot situated in Mashpee, west of the River. (see Deed attached hereto and marked Exhibit "D") This certainly addressed the cloud on the title but at the same time caused the Building Commissioner to take the stance that this created a new lot which was not entitled to the protection of the grandfather clause. We believe that his position is in error and should be reversed. The omission of the Mashpee strip of land created an ambiguity in the deed to Lot 14, as shown on Plan Book 268, Page 4. There are certain standards, which have been adopted by the Massachusetts Conveyancing Association to assist in the evaluation and interpretation of titles to real estate under Massachusetts Law. Title Standard 27 addresses the type of issue we have in this particular instance. The Standard (a copy of which is attached hereto and marked Exhibit 'F') establishes the reference to a lot on a plan as the controlling description, where an ambiguity exists. That being the case, there is little question that when Sea Lake purported to deed out land west of Santuit River, including the 50' strip, which was an integral part of Lot 14 on Plan recorded at Book 268, Page 4 it didn't own it and therefore couldn't convey it. The Deed from Willowbend Development Corporation did not serve to create a new lot and is somewhat superfluous;but is useful to settle any competing intent between Willowbend and the Goonan Trust over the strip of land and removes any question in regard to title defects. Therefore, it is the Applicants position that Lot 14 meets the requirements of 4- 4.2 having been held separately from abutting parcels since 1976, containing at least 5000 square feet of area, at least 50' of frontage and conforming to the zoning requirements of the time of its creation. CONCLUSION For these reasons, the Applicant respectively requests that the Building Commission's Decision be overturned. Respectfully Submitted, Stephanie Wall, Trustee of Goonan Trust By its Attorney, evin M. Kirrane, Esq. Dunning & Kirrane, L.L.P. P.O. Box 560 Mashpee, MA 02649 (508)477-6500 Date: July 27, 2000 llbosst�d\basst�d\work\d�d�\wtmvorA\stcyliantc wa11.Aa . ,•. sir t^ eoc><378i tirl i51 RUTHA:.'NE GROVER of 181 School Street, Cotuit, Barnstable County, Massachusetts f- dx - :Qon:cHoc36oxsm:lto�ut in consideration of TWENTY FOUR THOUSAND ($24,000.00) DOLLARS sra::t to STEPHANIE G. WALL, Trustee of Goonan Trust, under Declaration j; of Trust dated June 27, 1983 to be'recorded herewith, of 81 Columbus Avenue, West Bridgewater, Plymouth County, Massachusetts 'r xefc with quarlatnt rsarnants the land in Barnstable (Santuit) Barnstable County bound and described as follows: SOUTHERLY: By Old Kings Road as shown on plan herein and k after referred to, One hundred nineteen and 55/100ths (119.55) feet; WESTERLY: By Santuit River as shown on said plan, Four hundred seventy eight and No/100ths (478.00) feet more or less; SOUTHWESTERLY, NORTHWESTERLY and r� NORTHEASTERLY: By Lot 13 as shown on said plan, One hundred t•e sixty and No/100ths (160.00) feet more or less; ' ;' "_ • NORTHWESTERLY: By Lot 13 as shown on said plan, One hundred eighty two and No/100ths (182.00) feet; ` NORTHEASTERLY: By a portion of Lot 15 as shown on said plan, !t Eighty and 27/100ths feet (80.27); SOUTHEASTERLY: By land now or formerly of Raymond D. Crawford et ux (Santuit Golf Course) as shown on said A plan, Two hundred sixty nine and 45/100ths (269.45) feet; and EASTERLY: By land now or formerly of Raymond D. Crawford , t _;•,?. et ux One hundred five and 52/100ths (105.52) ' K feet as shown on said plan. ed The cone remises contains 48 825�;�•�'� � Y P , square feet and is shown as �K � LOT 14 on plan of land entitled "HILLCREST" Plan of Land in Barnstable . Hass.,Scale: 1"-100', December 5, 1972 Ewald 6 Maschi, Inc., Engineer- ' r in• . g Consultants, 908 Concord .Street, Framingham, Mass., Route 6A, *' F 'Sea-Lake Building' Sandwich, Mass.' which said plan is recorded with ;k, �: � Barnstable County Registry of Deeds in Plan Book 268 Page 4. :.: Together with a right to use the ways as shown on said plan in co=n with all others now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnstable. There is reserved to the. Grantor a right to grant further rights of ways and easements to public utility corporations in said ways. The granted premises are subject to restrictions as set forth in an instrument entitled "VOLUNTARY RESTRICTIONS 'HILLCREST'" dated August 1, 1973 and recorded with said Registry in Book 1916 Page 15, as �• .. amended by instruments recordef.11.4. 0 said Registry in Book 2209 Page "'� = 268 and Book 2241 Page 94. 803781 152 The granted Premises are also subject to an easement to New England Telephone and..•..,. Light Company dated June JR73oand re cord d withfsaidGRegist Edison n y: s; ` Book 187E Pa May 15, 1973gand3Oc and 22,easements to COtu :Fire District dated Book 1994 Page 328 andeBook22555 and Page 196, respectively.with said Registry in ...' r 4F_,t , f Jane 29,t 1976E andsee deed of record d witheBarnstablePoDeedsn to Bookm2392tPa e 9 103. .;:;, : i cra^ l�f 1/' i w 5;,r• c:I �'Z• •AY;.� 54. 120 ii, •fry �+iOW ted as a sealed lm;bwn mt this s} '. day of ,, JVNE s3 S• i Rutha a Grover :I. I is i f as, June o?7 19 03 Then Personally appeared the above named RUMNNE GROVER '! and acknowledged the foregoing Instrument i to be HER rp set and deed, ! Before rne.' ! N j I ► My commission expires fEX:4C . I •: i I I RECuR - �t�JUN 27 83 -•+ •»v va•++ rmwn MLbGr►te9 +ones R• o&Lzon TO 47756VT r.F71 '.' � � • Mom••�•�M � �� JAS4RGENT E ` � � •�7i� �•35f +l . toNo �- A.20.t� �•y_ � w t�pOK;5 is WWI OV! 4� au•2t 7(+4' �ROV ram•-.,:.� no S _ ' T� r � �• 0,14 WR� • w � A yg!_�''� CJ►P£ ►tom �;5� � �;:�oo" � � PO �0 :.tea• r <at wnZ6r'ST24P .` P _ 8, k2� a• •do 0 obf o A .j + S . O a>� 4► A•9t�S S0.� � IL r a Z4 41 i : 7 VF A'3V T0� � • IS z ••, '1T �� ►• y�v • : y.tt• Cob t. A+2Qt20r3E SF •r Ci 1 � �,,.36.�• C Z CsaT.or TMIIR nd'rta. Oln TaC G'h°ta.� C= A•22.140"5F HAi �Cw esse.�►.t�o w� a 72 LIS ,per• ` Ar Tull OWV%ot +wn T.►,Y wa aD.t&-v4rs 25.�OG6is_ .F Mcwwav viri-win t'1.t Z4/61S[r OAFS Ir Tewu OR $+bQ •sr^a6.r_ • `�ti R_u STEREO _AN 0 SURVEYOR: �^�s�re. _ �• - OATE: +H i LLCRESTr . . ODD RKINGS ROAD PLAN OF LA P. INIS RAW l5 AWftwft_- aH rm- cOr+orr�aaTbwT Q 1i N 4 t+v ,H Ti.c3 SC;R.Slvwau solo A S �vn.SwC• ;,No.,� as caauae vur:�� t�tolx�pe - ' lryeabvaweress [MstEssogy Ye A�HAZLy tutus SCAE: 5,`. Ir LOTT N/WC CFM Tµar.�. oll-s «vlR�z T%ft v-#mvv^cn4" EWALMIAA 1.C. E ! 9 i C 'S_' VTS ois - Mere. 908 CONCORD STREET. FRAMINGHAM, MASS. �+opsts�ast� �uliJCt �o,a,Q, RCIUTE. 5A. 'SEA-LAKE pUILDING SANOWIGN,VAS!,. n r_.,- f ,r eo: 44�8t 243 . 18717 34..• . SEA-LAKE CORPORATIOII t ! :•`^'• _ a corporation duly established under the laws of The Commonwealth of Massachusetts n and having its usual place of business at P- 0. Box 432, (+est Barnstable VIA 02668 •'my°'- of Barnstable Count' .,_.,�• k t��:- y,Jiassachusetts, in consideration of I ,,rp4 a::;;', THIRTY THOUSAND A::D NO/100TF:S DOLLARS ($30,000.00) paid s 'Y; prams to DANIEL C. HOSTETTER I of500 Elliott Road, Centerville, :tassachusetts 02632 with qu itrluim roarnants :-i.H 977•r. r-•{=>.:.• t};eslYtrd�c A certain Parcel of land situated in Mashpee, Oarnstable j { � Massachusetts, bounded and described as follows: County, ' ? WESTERLY by Quipnish Road on four courses together measuring seven hundred fifty and 01/100 (750.01) feet; NORTHERLY by land now or formerly of June Childs Wellman and Ruth W. Ackcrr„an, one thousand two hundred three (1203)feet, more or less; r EASTERLY by thread of Santuit River, one thousand nine hundred (1900) feet, more or less; ' SOUTHERLY by Old Kings Road, fifty and 00/100 (50.00) feet; WESTERLY by land now or formerly of June Childs Wellman and Ruth W. Ackerman, eight hundred seventy-five (875) feet, .3 more or less; and SOUTHERLY by land now or formerly of June Childs Wellman and Ruth W. Ackerman, one thousand two hundred forty and 00/100 ; '. (1240.00) feet. • Containing 23.2 acres, and being shown as LOT 1 on a plan entitled !' "Plan of Land in Barnstable and ,,Iarhpce, 1•17ssachusetts for Raymond D. Craw:ord, Scale: 1" 100' , dated December 22, 1911 Charles N. Savery, Incorporated, Registered Engineer, Surveyors, Hyannis, South Yarmouth", which said plan is duly recorded with Barnstable County Registry of Deeds in Plan Book 259 Page 39.!i , Subject to an easement to Cape b Vineyard Electric Company, the = location of which is shown on said plan, and to all other easements restrictions, reservdtiuits,riyhLs acid riyitLs of way of recOrd, if any there be, insofar as same are still in force and applicable. a-- For title see deed of Paul J. Lynch dated November 5, 1979 and recor- ded with said Registry in Book 3012 Page 250. ' e 3n Munres Mhrrrof the said SEA-LAKE CORPORATION r: has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in ita name and behalf by Paul J. Lynch, President and Treasurer. kz hereto duly autboritcd,this day of in the year one thousand nine hundred and .eight rr$14J•. i Signed and sealed in presence of c: SF.A-LAKE CORPORATION•c by L<t.�� Pauf J. Lyncir. Presi en 6 rea'surer �',• �t�mmnonlueslfh»��$assechus>:tts Barnstable �• /fi 1985 Then personalty appeared the above named PAUL J. LYNCH, President and Treasurer and acknowledged the foregoing instrument to be the free act and deed of the SEA-LAKE CORPORATION f�ilJr� WArr mr f X Ay t•o rr �` I u U 7 _. 8K12'S42 PG1-21 rar DEED Willowbend Development Corporation, of Mashpee, Barnstable County, Massachusetts in consideration of. Nominal consideration grants to Stephanie G. Wall, Trustee of Goonan Trust under declaration of Trust, dated June 27, 1983.recorded with Barnstable County Registry of Deeds in Book 3781, Page 146,.of 81 Columbus Avenue, West Bridgewater, Massachusetts with Quitclaim Covenants. A certain parcel of land situated in Mashpee, Barnstable County, Massachusetts bounded and -described as follows: Southerly: by Old King's Road fifty and 00/100 (50.00) feet; Easterly: by the thread of the Santuit River two hundred and 00/100 (200.00) feet more or less; - Northerly: by land now or formerly of the grantor, fifty and 00/100 (50:00) feet; and Westerly: by other land or the grantor to the point of beginning. Being shown as a portion of.Lot 14 on a Plan' of Land in Barnstable, Massachusetts, Scale 1"=100' dated December 5, 1972 and recorded.in Plan Book 268, Page 4, and being a portion of Lot 1 on plan recorded in Plan Book 259, Page 39. The purpose of this deed is to restore the original configuration of said Lot 14 as shown on said Plan. The grantor reserves a perpetual exclusive easement over the granted premises for all purposes permitted under the Zoning By Law and by the acceptance and recording of this deed the grantee agrees that the grantor and its successors and assigns shall have the benefit of the Covenant recorded herewith. The granted premises are conveyed-subject to rights, easements, restrictions, and all other matters of record including but not limited to: (1) Amended and Restated Declaration of Covenants, Conditions, Easements and Restrictions for Willowbend, recorded with said Deeds in Book 8906, Page 57, as amended; (2) the Declaration of Trust of Willowbend Community Trust, in Book 8906, Page 100, as amended; (3) Lease by and between Willowbend Development Corporation as Lessor and Willowbend Golf Corp. as Tenant, Notice of Lease in Book 8906, Page 92, as affected by Sublease, Notice of Lease in 1178862.01 Book 8906, Page 96; and (4) Special Permit Decision in Book 5070, Page 290 as [amended] modified of record to date. For title see deed recorded in Book 7758, Page 180 at the Barnstable County Registry of Deeds. Willowbend opment Corporation By: Name: David C. Southworth Tide:V President COMMONWEALTH OF MASSACHUSETTS Barnstable, sso��" , 1998 Then personally appeared David C. Southworth on behalf of Willowbend Development Corporation and acknowledged the foregoing to be the free act and deed of said corporation, before me N Public Vohn E. nr%ec� CPY ommission expires: f a'ab°1 1178862.01 -2- . . ; The Town of Barnstable • s�uvsrnaLe, • %639. � Department of Health Safety and Environmental Services 10rFo '�" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Cross en Fax: 508-790-6230 Building Commissioner May 17,2000 To Whom It May Concern: I regret to inform you that your request for a building permit for 114 Furlong Way in Cotuit must be denied. It is our position that this lot does not meet the dimensional requirements of zoning. Sincerely, Ralph A Crossen Building Commissioner RMC/km i TITLE STANDARD NO. 27 TITLE REFERENCES AND DESCRIPTIONS 1. In order to convey good title, a description of a parcel of land must be capable of referring to only one parcel. A description is not sufficient to convey title if the land is described as part of a tract without a specific description of its location within the tract. Comment See McHale v. Treworgy, 325 Mass. 381, 90 N.E. 2d 908. 2. When a deed contains two inconsistent descriptions of a parcel of land, the more specific will govern. In the absence of evidence in the deed of a different inten- tion, the descending order of priority is: monuments (including neighboring land of someone other than the grantor), courses and bearings in a running description, dis- tances and area. Comment See Ryan v. Stavros, 348 Mass. 251, 203 N.E. 2d 85. 3. Missing bounds, errors in direction or distance, and ambiguous descriptions are cured by reference to a specific lot on a recorded plan or by a title reference to a deed containing an adequate description. Comment See Ide v. Bowden, 342 Mass. 22, 172 N.E. 2d 88, Weller v. Barber, 110 Mass. 44. But a consistent metes and bounds description is not affected by an inconsistent general reference. Cassidy v. Charlestown Savings Bank, 149 Mass. 325 and Morse v. Chase, 305 Mass. 504, 26 N.E. 2d 326. In a reference to title such words as 'Tor grantor's title, see. " have the same effect as "Being the same premises conveyed by. . . ". A deed containing the former may not comply with G.L. c. 183 §6A if the premises conveyed are part only of what was acquired q under the earlier deed. A title reference containing a single error in date or book or page number is not on that account defective. Adopted May 15, 1978 F: 27MAYAERE CONVEYANCERS ; -• ❑ASSOCIATION❑ rnPVGI!]NT G 1001 t 113 Furlong Way, Cotuit Assessors Map 8, Parcel 14 i F. 00s" f SEA-LAKE CORPORATION, i a corporation duly established under the laws of Massachusetts, and having its usual place of business at Route 6A, iof Sandwich, Barnstable County, Massachusetts. in consideration of ---------TEN THOUSAND and 00/100 ($10,000.00) DOLLARS--------------- grants to CHARLES E. NORTON and CAROLYN M. NORTON, husband and wife, as tenants by the entirety, both of 540 Pleasant Street, Milton, Massa - ausetts 02186, with 4MU18W tooetatats the land in Barnstable (Santuit), Barnstable County, Massachusetts,_ bounded and described as follows: SOUTHEASTERLY by Furlong Way, Twenty and 00/100 (20.00) feet; SOUTHEASTERLY and SOUTHERLY still by Furlong Way on an arc having a radius of 25.00 feet, Twenty-four and 33/100 (24.33) feet; SOUTHERLY, SOUTHEASTERLY and EASTERLY still by Furlong Way, on an arc having a radius of 55.00 feet, Ninety-five and 00/100 (95.00) feet; SOUTHEASTERLY by Lot 13, One hundred forty-five (145) feet, more or less; WESTERLY and SOUTHWESTERLY by Santuit River, Two hundred fifty (250) feet, more or less; and NORTHERLY by Lot 11, Three hundred fifteen (315) feet, more or less. The conveyed premises contain 25,100 square feet of land, more or less, and are shown as LOT 12 on plan of land entitled "'HILLCREST' Plan of Land in BARNSTABLE, MASS. Scale: 1" = 1001 , December 5, 1972, Ewald & Maschi Inc. , Engineering Consultants, 908 Concord Street, Framingham, Mass. , Route 6A, `Sea-Lake Building' , Sandwich, Mass. , Petitioner & Record Owner: Sea-Lake Corporation, Sandwirh, Mass.", which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, page 4. Together with the right to use the ways as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnstable. There is reserved to the Grantor the right to grant further rights of way and easements to public utility corporations in said ways ' i The premises are conveyed subject to restrictions as set forth An an instrument entitled VOLUNTARY RESTRICTIONS "HILLCREST", dated ° August 1 , 1973, and recorded with said Registry in Book 1916, page 15, ! and' subject also to a Bill of Sale and easement given by Paul J. Lynch et al to Cotuit Fire District dated May 15, 1973 and recorded with said Registry in Book 1994, page 328. The VOLUNTARY RESTRICTIONS` are en- fnrrronhla by the Grantee. J a brV.2140 sac: 213 ' 111mumskrnt the said . SEA-LAKE CORP'.'IRATION, a Massachusetts corpora- tion, has caueed its corporate Beal to be hereto affixed and then presents to be signed, d,aek owl Fdg 9L1and delivered in its name and behalf by PAUL J. LYNCH, its President, and its Treasurer, hereto duly authorized,this 3►�.>_ day of 'IiL%y o u� in the year one thousand nine hundred and l.�•',.,�r „1 Signed and sealed in presence of •••'••.•... VA— by , maounKafl�td�ct#�l BARNSTABLE: es. 3`„J„,•t, ,� 19 %1 Then personally appeared the above named PAUL J. LYNCH,. President, and wknowledged the foregoing instrument to be the free act and deed of the SEA-LAKE CORPORATION, before me - •F.�' bfy commission expires �9 R. LELA!JC: ®NG�AY e•lsra nF�lllttU�iJ ,JAN 16 7� e00K325 4 PAGE 030 MA88ACHU8ET78 QUITCLAIM DEED INDIVIDUAL (LONG FORM)88Z i 065,` G We, CHARLES E. NORTON and CAROLYN M. NORTON, husband and wife, as tenants by the entirety, both ( of 540 Pleasant Street, Milton, Norfolk County,b(Asuchusem bemgg>fMnrmWed,for consideration paid,and in full consideration of Seventeen Thousand and 00/100ths ($17,000) -----------------------------------------Dollars 1 grantsto W. PATRICK LENTELL and PATRICIA KENNY, husband and wife, as s tenants by the entirety, both of 40 Old King's Road Barnstable {Cotuit), Barnstable County, .Massachusetts, which address is both the residence sk and post office address of said grantees, with iluUtlatm mpmguft thelandin Barnstable (Santuit) , Barnstable County, Massachusetts, more particularly bounded and described as follows: t iDexdptdon OW am=obr1nas6 U Mql SOUTHEASTERLY by Furlong Way, Twenty and 00/100 (20.00) feet; SOUTHEASTERLY and SOUTHERLY still by Furlong Way on an arc having a radius of 25.00 feet, twenty-four and 33/100 (24.33) feet; SOUTHERLY, SOUTHEASTERLY and EASTERLY still by Furlong Way, on an arc having a radius of } 55.00 feet, Ninety-five and 00/100 (95.00) feet; { SOUTHEASTERLY by Lot 13, One hundred forty-five (145) feet, more j or less; WESTERL'.' and SOUTHWE:;TERLY by Santuit River, Two hundred fifty (250) feet, more or less; and NORTHERLY by Lot 11 , Three hundred fifteen (315) feet, more or less. i The conveyed premises contain 25, 100 square feet of land, more or less, and are shown as LOT 12 on plan of land entitled " I HILLCREST' Plan of Land in Barnstable, ass. Scale: l" = 1001 , December 5, 1972, Ewald f Maschi Inc.,, Engineering Consultants, 908 Concord Street, Framingham, Mass. , Route 6A, 'Sea-Lake Building' , Sandwich, Mass. , Petitioner & Record Owner Sea-Lake Corporation, Sandwich, Mass.", which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, page 4. Together with the right to use the ways as shown on said plan in I common with all others now or hereafter lawfully entitled thereto for i all purposes for which public ways are commonly used in the Town of t Barnstable. IThe above described premises are conveyed subject to such further rights of way and easements and restrictions as are now in force and effect. j For title, see deed of Sea-Lake Corporation to the grantors dated January 3, 1975 recorded with Barnstable County Deeds in Book 2140, Page 212. "' t'i"1N MOtJ 1H OF MAScACHUSEM. io . z • ai' 7 On. L r I I. BOOK3254 PAUE day of..........A RMwso........our...........bands and seal Sthis ...................1. ........ .. .. ......................... ig 81 ................................................................................................ ..................... %�A;cl-t .................................................................................................. -7........... ...... ........................................................................................................ ......................................................................................................... Barnstable, 1981 Then personally appeared the above named Charles E. Norton and acknowledged the foregoing instrument to be his ct and d ed,before me 6; .......ri MY Commission Expires.......... 19 Booic3436r!cE�i�i7. .. . . . ..�...._.....,._ ,_..._..—__. . ._...�.. . .... . . .. ........._ . _.. MA/lACNUENWISt OUrrCLAIM DEED 8140RT FORM ONDIVIDUAy eel We, W.Batrick Lentell and Patricia Kenny,husband and wife, as tenants by the entirety, both of 83 Forest Street, Sherborn, Mass. 0352 of Middlesex County,N[assachusetts bemg+lNlmarried,for consideration paid,and in full consideration ofFifteen thousand two hundred fifty and 00/100ths($15,250.) ; grantsto Kevin M. Riley and Jacqueline M. Schofield as joints tenants* } Of Post office address, Boz 1702 Cotuit, Mass 02638ith 4UUr1Kbt CVWWAUU theland,in Barnstable(Santuit) , Barnstable County,Massachusetts, more particularly bounded and described as follows: [Description and encumbrances.if any) Southeasterly by Furlong Way, Twenty and 00/100(20.00) feet; Southeasterly stlllby Furlong Way on an arc having a radius of and southerly 25.00 feet, twenty-four and 33/200(24.33) feet; Southerly, still by Furlong Way, on an arc having a radius of Southeasterly 55.00 feet, Ninety-five and 00/100(95.00) feet; and Easterly Southeasterly by Lot 13, One hundred forty five-five (1,45) feet, more or less; Westerly and by Santuit River, Two hundred fifty (250) feet, ' Southwesterly more or less; and 1 Northerly by Lot 11, Three hundred fifteen(315) feet, more ggg# or less. The conveyed premises contain 25,100 square feet of land, more or less, and are shown as Lot 12 on plan of land entitled "Hillcrest" Plan of Land in Barnstable, Mass.. Scale: 1"=100' , December 5, 1972, Ewald & Maschi Inc. , Engineering Consultants, 908 Concord Street, Framingham Mass. , Route 6A'Sea-Lake Building' , Sandwich, mass. , Petitioner & Record Owner: Sea -Lake Corporation, Sandwich, Mass." Which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Together with the right to use the ways as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnstable. The above described premises are conveyed subject to such further rights of way and easements and restrictions as are now in force and effect. For title, see deed of Charles E. Norton and Carolyn M. Norton to the gran tors dated March 13,1�98�1 recorded with the BarnstableCounty Deeds in ...........B a andpse�e 0this............. -it•...... ........... ? �Kuiafis I. .. day of. afar � .. 19..C�.?'r� .............. ........................ ..........................................................._»....................................... ........... .................................... ................................................................................................. ...................................................................................................... ................................................................................,............... 91P 9otnrna=1a10 of lRasaatrgttaetts Aduesfx _ . Fe�, /.2, 19�� n Then personally appeared the above named &111 ecA' hrA4Y AAin and instrumentnowledged the foregoing instrument to be ..a ,,,, ree act'and deed ...._.......,4.'[,/..: _Lr ....-..... r Notary Public_i hwiv onhe ` r i'' ►' `v::� .. j :f 'S My commission esp Y COMMISSIO A. i'enants—Tenants inCommon.) , "'` . .. .... ... 1.. + A. 6404'7 , BOOK 6519PAGE 027 ' QUITCLAIM DEED i A We, KEVIN M. RILEY and JACQUELINE M. SCHOFILED, joint tenants, both of Box 1702, Cotuit, Barnstable County, Commonwealth of Massachusetts, for consideration paid, and in full consideration of Thirty Thousand and 00/100 ($30,000.00) ; Dollars, grant to KEVIN M. RILEY, of Box 1702, Cotuit, Massachusetts 02635, with QUITCLAIM COVENANTS the land in Barnstable (Santuit) , Barnstable County, Massachusetts, more particularly bounded and described as follows: Southeasterly by Furlong Way, Twenty and 00/100 (20.00) feet; Southeasterly still by Furlong Way on an arc having a radius and southerly of 25.00 feet, twenty-four and 33/100 (24.33) feet; Southerly, still by Furlong Way, on an arc having a radius Southeasterly 55.00 feet, Ninety-five and 00/100 (95.100) i and Easterly feet; Southeasterly by Lot 13, One hundred forty five (145.00) feet, more or less; Westerly and by Santuit River, Two hundred fifty (250.00) Southwesterly feet, more or less; and Northerly by Lot 11, Three hundred fifteen (315.00) feet, more or less. The conveyed premises contain 25,100 square feet or land, more or less, and are shown as Lot 12 on plan of land entitled "Hillcrest" Plan of Land in Barnstable, Mass. Scale: 1"-100', December 5, 1972, Ewald & Maschi, Inc. , Engineering Consultants, 908 Concord Street, Framingham, Mass. , Route 6A 'Sea-Lake Building', Sandwich, Mass. , Petitioner & Record Owner: Sea-Lake Corporation, Sandwich, Mass." Which.said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Together with the right to use the ways as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnstable. The above described premises are conveyed subject to such further rights of way and easements and restrictions as are now in force and effect. For our title, see deed of W. Patrick Lentell and Patricia Kenney to us dated February 12, 1982 and recorded with the Barnstable County Registry of Deeds at Book 3436, Page 017. Executed as a sealed instrument this 31st day of October, 1988. t a . Kevin M. Riley /Ja-cdbeline M. Schofie d ! COMMONWEALTH OF MASSACHUSETT$ Barnstable, as. October 31, 1988 Then personally appeared the above-named Kevin M. Riley and y Jacqueline M. Schofield and acknowledged the foregoin instrument to be their free act and deed, before me •;o w $ Notary Public /Y!/111C�l My commission expires: e MASSACHUSETTS FOR£CLOSURE OECD■T CORPORATION (LONG FORM: 010 BOOK;UgiPAGE 349 i 13169. . RESOURCE FUNDING, INC. a corporation duly established under the laws of the Commonwealth of Massachusetts mow' and having its usual place of business at 175 Derby Street, Suite #42, 1 Hingham, Plymouth County, Massachusetts i the current holder of a mortgage 1 from Kevin M. Riley to The Resource Financial Group, Inc. =I ff � dated October 31, 1988 recorded with Barnstable County RegistryoDeeds book 6540 .page 336 ,by the power conferred by said mortgage and every other power,for Forty Thousand and 00/100 ($40,000.00) - - - - dollar t Y paid,grantsto THE RESOURCE FINANCIAL GROUP, INC., a corporation duly s established under the laws of the Commonwealth of Massachusetts, and having its usual place of business at 175 Derby Street, Suite #42, tlepgkaPl_Ymg�ztsha.�Co ty, Massachusetts conSaid premises are conveyed subject to a First Mortgage to Cape Cod Cooperative Bank in the original principal amount of $60,000.00 dated f September 18, 1985, and recorded with Barnstable County Registry of i a Deeds in Book 4719, Page 195. Said Mortgage has a current balance toutstanding in the amount of $60,1.33.44. r o o 14 M I � F E A 1 O a a w a 0 a � I I it i S ri f IB�nr 70 91 PAGi 3 5 0 f DEEDS REG 01 t BARNSTABLE DY;EDS EXCISE 03/14/90 re 0. I C�1 rTR ~Jj 3 .. 13b.80 CHCK 136.90 7164A00O U-10 EXCISE TAX 1 j3iltttegm the execution and the corporate seal of said corporation this thirty-f irst t :1 day of January 19 90 NNI .............................................. . ....... .... ............ ... .. ...... .................................... .. Danny Garrison, President and Treasurer of g t i itesoui?'c'e"�riliid ri...�...1'nc. ....... ..... (j V.. tI t i ht eamnWil oraltll of Sinssarhusetta PLYMOUTH SS. January 31, 1990 Then personally ap eared the above named Danny L. Garrison, President and Treasurer E of Resource Funding, Inc. and acknowledged the foregoing instrument to be the free act and deed of Resource Funding, Inc. 1,-ANOr before me, -� /u� ..... .. l/ ••. iAMMMej j M$CDAIMIS9IC My commission eapires............ CHAPTER 185 SEC.6 AS AMENDED BY CHAPTER 497 OF 1969 EvM deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of the grantee and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor,if not delivered for a specific monetary sum. The full consideration shall mean the tota price for the conveyance without deduction for aar liens or encumbrances assumed by the grantee or remaining th"von. All such endorsements and recitals shall be recorded as part of the deed. Failure to comply with this section shall not affect the validity of any deed. No register of deeds shadl accept a dad foa recording unless it is in compliance with the requirements of this section. aid ` I• pn1K 7 n 9 1 PAGE 35 t i A#fldglrtt I, Danny L. Garrison, President and Treasurer of Resource Funding, Inc. named in the foregoing deed,make ioath and say that the principal, intereet and obligation s were mentioned in the mortgage above referred to/ not paid or tendered or performed when due or prior to the sale,and that Resource Funding, Inc. caused to be published on the 19th and 26th days of October, 1989, and 2nddayof November,' • 1989 in tie Barnstable Patriot a newspaper published or by its tide page purporting robepublishedin Barnstable, Massachusetts and having a circulation therein,a notice of which the following is a true copy (SEE ATTACHED ADDENDUM 'A' ) (INSERT ADVERTISEMENT) Said Danny L. Garrison further .makes oath and says that Resource ' s Funding, Inc. complied with Chapter 244, Section 14, of Massachusetts General Laws as amended by mailing the required notices certified mail, return receipt requested. f F Pursuant to said notice at the time and place therein appointed, the sale was postponed by public proclamation to December 19, 1989, at 10:00 o'clock A.M. upon the mortgaged premises at which time and place upon the mortgaged premises the ( sale was postponed by public proclamation to January 30, 1990 at 1:00 o'clock P.M. upon the mortgaged premises at which time and place upon the mortgaged premises Resource Funding, sold the mm�gagedpremisesatpublicaucdonby Inc. �t Jeffrey Mann anaucdoneer,m The Resource Financial Group, Inc. d ' t _ _ i abovenamed,for Forty Thousand and 00/100 ($40,000.00) - - - - - - dollan t t t� bid by Donald P. Mangum, duly authorized, on behalf of The Resource ! Financial Group, Inc. l being the highest bid made therefor at said auction. ........ Da y L. Garrison, Preside• and Treasurer of i Resource Funding, Inc. F i ............................................................................ t President and Treas of Signed and sworn to by the said. L. Garrison, �� iResource Funding, Inc. =S��•••" January 31, 1990 before me, VALFRIE l� p My commi�siao etpires YY GOId SEPTt f :19�2l1� 1p.., f ! ROOK 7 O 9 PAGE 35 2 ADDENDUM 'A' (Copy of Mortgagee's Notice of sale) I Y BY vine d It asarira d the Parer Of Selo tsstaird:a adn tttastg P &Wmby.Kevin M.Rftw Tim Rum=Fmmoid Otaep,lee..dtadOaobs31� 1988,end nxmded with Bammbie Cmnry K%isrry Of Deeds in Boot 631Q Pap. 336.4 which martpp the undersigned is the Womm holder.for I I d s6 omdidens of laid martp8e sad for thepmpow of fomeloo*60 IBM wtl>beSON at Pantie Auction a 12.00dclodt PAL on the 131h day Of Nmemba-1989.mtbe mo-gaged Pf=iaa in Cattut Barwmble Comity.Maaoehwaua taowa as d smtbered 113 Mum Way.ell end aieyoler the P—i—daar'had is sold To wit Aa bed inBee able(Seamb).BreaebieCamty.Mawimab.ampMk► holy bevelled and daarid a MGM, i SOUTEIBASI'StLY by Palleo8 way.T wommy d OWOO fast; SO T121 RASTBR1 Y sdSOUTHMY wMbyPaI olfmymmncbavb*aaWd b 23.ODfed•metup-towaad 33110D R433)hft i SOUT111MY, } SOUnMAMILLY _ mod BASTSRLY eMbyP laatway. $3.00 t dO0110083� ear,oadydivt s SOUTHEASTOMY by Lat l3.me bmdra-lacy4iw(NA IK eetaa ar taK sold SOITTHW WESTERLY ERLY bySandi Rim.two bmdoodttlyOM60. i mme or ksK end NORITERLY by Lot 11,dttee bundled fAeanpl3)bd.— . or lea. Ths oaievyed Hagen aataao 25.100 erprae feet.d laod,Dome mkq d M dwern_m La 12 m pie of lend aotided'HidnaC Phan d Lund ie Baararlie, Mee..Snk:1'=100',Dw mber S.1972.Bwrid t lvtetLi lee.liegiaaede8 t Cmmltma, 903 Cmead Stied.Ramidtmr.Mee...Rama 6A.Sea•Iabe Building'.Smdwidt.Mar. Paftiow!rI Owe oo Se&4Ae Cmoondm Sdwrcb.Mass.',WW&MW PLn is mcat"WM Ba""W&County RaBiWyd Dads me Plan Bode 269.Pap 4. Tapshar with*A dgot tows ie ways a shows m d plc is at®ee wd i i athaa sow m hetesAer LwfsOy eatisled thado far aB pmpaa far whidt psbik ways am mmmmly wed o the Town al Bomwble. i Tie above daat'bed prises m oaoeeld-Woct m sodr tmrber eigbm d w i cad so mram and reshicsima as an now m face and e0am. r For oar tale, see dead of W.Patrick Lath and PUA-Kra on as dead � rfbrwry 12,1982 and moulded with the.B.edbb Cowry Regismy Of Cams■ Boot 3436,Pap 017. Sae dao dtxaae tecaded an Norm6w 15.1988 in Beet 019.page 27. S&ibotoafmmmpptoCWeCodCO pa—BdcintheatiiidRsd�el amamt d S60.amm dosed SePember 18,1995.d fecmded d Besumm w Corny Registry d Deeds in Boat 4719.POP 195. i Tanis of ate:36..WD.00 shell be paid in cub a by-Mad m boot mritrrs t cb k by the andrra at roe time end p1m of de.The bdmm of dam pond a r Price"to paid amwi"tmny(3a)days Aeretater.tobedepwaedinnow wMSwdvyS.Fdadmpo.Fag.,175 Daby Street.Suite ll2,H'melme.MA02B13. i `.s' the mo,my for said matp8a.pending oppwrol of aid We by the LOA Cam4 The dad d.0 beumdayed-"to(10)dgsffmr the done ofa iProvd chid ale y me Lad Court,aid on-Val bong the a*cdWm of da«emw.Too P mooesstal bidder rba0 be mgoired to sip a Mama dmn of Silo emteinmg the iabove wms at the eoaim sd& l Soldsekdabembjeata and wi&the ban&ofar*hm.avaram.eardmft 00"16 %mstzimiml,unpaid Ma.mx tides.WSW bells,musiew Boa. 1 asaamesm,f Wo of wants and penis in pwassioo and mustang awaabrmas I d record amid pna to ft mm%W if coy.. I cmw tort"to be suntanned at sole. ! Rem me fading.foe..Palest holder of aid mastpp. f By:Stanley S.Pree I Es¢ 173 Darby Stara.Sam M i 11 Hingham.MA 02M (617)740-19M Ammey to toe Martpdes haim f OaohQ� it 26 3 Nwmmbw 2.1989 •�•r MAR 14 90 - NtK7092PAGE GG2 1.31 QUITCLAIM DEED �1 THE RESOURCE FINANCIAL GROUP, INC., a corporation duly established under the laws of the Commonwealth of Massachusetts and having a usual place of business located at 175 Derby Street, Suite #42, Hingham, Plymouth County, Massachusetts 's for consideration paid, said consideration being less than One Hundred and 00/100 ($100.00) Dollars and therefore not requiring Documentary Stamps, i grants to RESOURCE FUNDING, INC., a corporation duly established under the laws of the Commonwealth of Massachusetts and having a usual place of business located at 175 Derby Street, Suite #42, 41 Hingham, Plymouth County, Massachusetts a � C with QUITCLAIM COVENANTS The land in Barnstable (Santuit) , Barnstable County, �+ Massachusetts, more particularly bounded and described as ¢ follows: i Ir C SOUTHEASTERLY by Furlong Way, Twenty and 00/100 (20.00) feet; R 3 w SOUTHEASTERLY a and SOUTHERLY still by Furlong Way on an are having a radius ? r4 of 25.00 feet, twenty-four and 33/100 (24.33) feet SOUTHERLY, a SOUTHEASTERLY } C and EASTERLY still by Furlong way on an arc having a radius H of 25.00 feet, ninety-five and 00/100 (95.00) feet; SOUTHEASTERLY by Lot 13, one hundred forty-five (145 feet, oE�� more or less; pa WESTERLY and G SOUTHWESTERLY by Santuit River, two hundred fifty (250) feet, pa, more or less; and NORTHERLY by Lot 11, three hundred fifteen (315) feet, i more or less. t i The conveyed premises contain 25,100 square feet of land, more or less, and are shown as Lot 12 on plan of land entitled "Hillcrest" Plan of Land in Barnstable Mass. Scale: 1" = 1001; December 5, 1972, Ewald & Maschi Inc., Eng'neering Consultants, 908 Concord Street, Framingham, Mass. Route 6A, 'Sea-Lake Building' , Sandwich, Mass. Petitioner & record Owner: Sea-Lake P j I i BOOKMPAGE G03 Corporation, Sandwich, Mass;.", which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Together with the right to use the ways as shown on said plan in .....� common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnstable. The above described premises are conveyed subject to such further rights of way and easements and restrictions as are now in force and effect. Being the same premises conveyed to grantor by Deed dated January 31, 1990, and recorded herewith. This conveyance is made subject to a first mortgage to Cape Cod Cooperative Bank dated September 18, 1985, recorded with said Deeds in Book 4719, Page 195. Said mortgage has a current balance of $60,133.44. This conveyance does not constitute the transfer of all or substantially all of the property owned by the grantor, and is made in the ordinary course of business. { IN WITNESS WHEREOF, THE RESOURCE FINANCIAL GROUP, INC. has caused its corporate seal to be hereto affixed and these presents be s signed, acknowledged and delivered in its name and behalf by Danny L. Garrison its President and Treasurer authorized this 5th day of March, 1990. THE RESOURCE FINANCIAL GROUP, INC. By; D ny J . Garrison, President and Treasurer COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, ss. March 5, 1990 Then personally appeared the above named Danny L. Garrison, President and Treasurer of The Resource Financial Group, Inc., and acknowledged the foregoing instrument to.:be the free act and i deed of The Resource Financial Group, Inc."before me � :�•:��cc�:r,.•. :.,, LEY S.FaEEPcbn`:,;YJ;AAY NUBUC i ` Exh�N .` •. MY COMMISSION EXPIRES Ocf. OMBER 1.190 C... RIOTED LIAR 14 90 i ' I � I i ' ! j 600K ZPAGE C08 ,) QUITCLAIM DEED RESOURCE FUNDING, INC., a corporation duly established under the f laws of the Commonwealth of Massachusetts and having a usual place of business located at 175 Derby . Street, Suite #42, fHingham, Plymouth County, Massachusetts for consideration paid, said consideration being less than One Hundred and 00/100 ($100.00) Dollars and therefore not requiring Documentary Stamps, grants to RIGHT PROPERTIES, INCORPORATED, a corporation duly established under the laws of the Commonwealth of Massachusetts 4 and having a usual place of business located at 175 Derby Street, 'a Suite #42, Hingham, Plymouth County, Massachusetts u with QUITCLAIM COVENANTS i The land in Barnstable (Santuit), Barnstable County,. Massachusetts, more particularly bounded and described as [ follows: s SOUTHEASTERLY by Furlong Way, Twenty and 00/100 (20.00) feet; }}ti t S SOUTHEASTERLY ; ,y and SOUTHERLY still by Furlong Way on an arc having a radius ^' of 25.00 feet, twenty-four and 33/100 (24.33) feet t 4 SOUTHERLY, SOUTHEASTERLY c w and EASTERLY still by Furlong Way on an arc having a radius a of 25.00 feet, ninety-five and 00/100 (95.00) c� feet; a SOUTHEASTERLY by Lot 13, one hundred forty-five (145) feet, a more or less; +n p' WESTERLY and wSOUTHWESTERLY by Santuit River, two hundred fifty (250) feet, more or less; and NORTHERLY by Lot 11, three hundred fifteen (315) feet, more or less. i i The conveyed premises contain 25,100 Square feet of land, more or less, and are shown as Lot 12 on plan of land entitled "Hillcrest" Plan of Land in Barnstable Mass. Scale: 1" = 100' , December 5, 1972, Ewald & Maschi Inc., Engineering Consultants; 908 Concord Street, Framingham, Mass. Route 6A, 'Sea-Lake s Building', Sandwich, Mass. Petitioner & record Owner: Sea-Lake -Fa r n r 1 .i i BOOK7092PAGE U9 i II Corporation, Sandwich, Mass.", which said plar, is recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4. Together with the right to use the ways as shown on said plan in common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnstable. The above described premises are conveyed subject to such further rights of way and easements and restrictions as are now in force and effect. Being the same premises conveyed to grantor by Deed dated January 31, 1990, and recorded herewith. This conveyance is made subject to a first mortgage to Cape Cod Cooperative Bank dated September 18, 1985, recorded with said Deeds in Book 4719, Page 195. Said mortgage has a current balance of $60,133.44. i This conveyance is made subject to a second mortgage to South j Shore Bank dated March 5, 1990, recorded herewith. This conveyance does not constitute the transfer of all or substantially all of the property owned by the grantor, and is ' } made in the ordinary course of business. F IN WITNESS WHEREOF, RESOURCE FUNDING, INC. has caused its 5 corporate seal to be hereto affixed and these presents be signed, acknowledged and delivered in its name and behalf by Danny L. Garrison its President and Treasurer authorized this 5th day of ; March, 1990. RESOURC UNDING, INC. By: c �_ D y . Garrison, I Presid nt and Treasurer .A 111 ti COMMONWEALTH OF MASSACHU3ETTS .� PLYMOUTH, ss. March 5, 1990 i i i Then personally appeared the above named Danny L. Garrison, I President and Treasurer of Resource Funding, Inc., and I acknowledged the foregoing instrument to be' the free act and deed ! of Resource Funding, Inc. before me �� `• `S�ANLEY S.FREEDMAN,NOTARY PUBLIC YY COMMISSION EXPIRES nl t Qve`J OC108ER 41993 RECONC�D MAR 14 90 { I f • i I Q83Z�-r d aoo�7300 ,iu 123 ° 4 OUITCLAIM DEED tl RIGHT PROPERTIES, INCORPORATED, a corporation duly established under the laws of the Commonwealth of Massachusetts and having a usual place of business located at 175 Derby Street, Suite #42, Hingham, Plymouth County, Mansachusetts for consideration paid, One Hundred Thirty Six Thousand Nine Hundred and 00/100 ($136,900°00) Dollars, grants to RICHARD A. MASON and MARY J. MASON, husband and wife as •a tenants by the entirety, both of 46 Chippingstone Road, Marstons! Mills, Barnstable County, Massachusetts with QUITCLAIM COVENANTS , +- The land in Barnstable (Santuit) , Barnstable County '• Massachusetts, more particularly bounded and described as " followst 0 SOUTHEASTERLY by Furlong Way, Twenty and 00/100 (20.00) feet; 3 SOUTHEASTERLY and SOUTHERLY. still by Furlong Way on an arc having a radius. 4 of 25.00 feet, twenty-four and 33/100 (24.33) ,o feet. i SOUTHERLY, i• i SOUTHEASTERLY ,.+ and EASTERLY still by Furlong Way on an arc having a radius i of 55.00 feet, ninety-five and 00/100 (95.00) feet; q SOUTHEASTERLY by Lot 13, one hundred forty-five (145) .feet, W more or less; ; WESTERLY and a Ja SOUTHWESTERLY by Santuit River, two hundred fifty (250) feet, >4 more or less; and C4 • Y w NORTHERLY by Lot 11, three hundred fifteen (315) feet, a more or less. a P4 The conveyed premises contain 25,100 square feet, of land, more or . s less, and are shown as Lot 12 on plan of land entitled "Hillcrest" Plan of Land in Barnstable Mass. Scale: 1" = 100' , December 5, 1972, Ewald & Maschi Inc. , Engineering Consultants, 908 Concord Street, Framingham, Mass. Route 6A, . 'Sea-Lake Building' , Sandwich, Mass. Petitioner & record Owner: Sea-Lake • M 4 e9 i Corporation, Sandwich, Mass.", which said plan is recorded with Barnstable County Registry of Deeds in Plan Book 268, Page 4 . Together with the right to use the ways as shown on said plan in I ,i common with all others now or hereafter lawfully entitled thereto for all purposes for which public ways are commonly used in the Town of Barnstable. i The above described premises are conveyed subject to such further rights of way and easements and restrictions as are now in force and effect. •- L. \ i Being the same premises conveyed to grantor by Deed dated March 5, 1990, recorded with said Deeds in Book 7092, Page 008. This conveyance does not constitute the transfer of all or Y substantially all of the property owned by the grantor, and is made in the ordinary course of business. ; IN WITNESS WHEREOF, RIGHT PROPERTIES, INCORPORATED has caused its- corporate seal to be hereto affixed and these presents be signed,;.';,.,' _ acknowledged and delivered in its name and behalf by Danny L. •• \ Garrison its President and Treasurer authorized this 24th day of " •..4;,. September, 1990. �: �; Z �, '`. + RIGHT OPERT INCORPORAT£D�• �`� en Cq 4, °� cot4' D nny t,. Garrison, �: r.ts`Y• ' CM Presi4nt and Treasurer -°'�.��1•f.... �`�`C) •%` "ftiv COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, ss. September 24, 1990 Then personally appeared the above named Danny L. Garrison, President and Treasurer of Right Properties, Incorporated, and acknowledged the foregoing instrument to be the free act and deed of Right Properties, Incorporated, before m* 3 n—nl!� w' ::� '.c:• `SVANIEY S.FREEDMAN. 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Al R ghts<O c a Reserved c� , 3 i i f P r F f , }{ a..;�.rig�:,,:� :.•___: �.�-.c..--- __ �; ,. � - • _ L _ - _. ! i f ti s ; . _ tr v AV GG— d } ` 4 rtr { H _ U N U U O i a m 2 z Q Z:- W n j . . ti e OD a �yam; I� 'j I i . r I g. L I; f , � � _ ` �_:k'� any '•��',� 8 ty\ �• � '� pie: °f�_w�`.: 'T,' .:.: y" I ;} t.. Y 4 • I � h +k' II I f l o t1 + f2 v fw� S r. A « _ _ v s^ L''t} fk ye �- �': t�1 Sir.-.',F's�•a - - x £ , s , oil-a � �2 der f. MAI M1 i i { i I f i { NOTES: REFERENCE IS MADE TO A PLAN PREPARED BY N i BAXTER, NYE & HOLMGREN, INC. 812 MAIN STREET OSTERVILLE, MA 02655 DATED SEPT. 30, 2002 REVISED 11/13/03 j D.E.P. # SE 3-4038 LOCUS IS ASSESSORS MAP 8, PCL. 16 ZONING DISTRICT: RF C� N N w E FRONT YARD 30' 0� SIDE YARD 15' REAR YARD 15' JQ' ACTUAL ZONING DETERMINATIONS ARE MADE TAG BOLT OF O O BY THE -TOWN ZONING OFFICAL. MrDwwr � ELEV.- 30.91 0- N.G.V.D. 06 t° v � � Y m f J i d . G i 0 S,t 9p S RO+ I i 1 ti06 \ 4 tisp3 6S ppp A-11 p5 Sys o o A-10 6, LOT 14 A G 481825 _ S . F. A- , 66't -9 TOP OF COASTAL BANK A-`7 N�A-6 p EDGE OF VEGETATED WETLAND --�- A-5 UPLAND #1 W/Lj1 X �Q A-4 t 1 A-3 k 1 i i I 1 I i l hereby certify that the lot corners, dimensions elevations, and setbacks to the proposed building or structure, including any outside protrusion such as decks, steps, bulkhead, overhang, chimney ect., as well as the foundation as shown on this plan are correct and conforming to the Town of Bamstab/e _ By—Laws and Regulation If FOUNDATION (3F , it » AS — BUILT o .lOHN FARREN I IN 0 BARNSTABLE, MASSACHUSETTSCq 3.Z�d3 e*, N s PREPARED FOR LADD & COMPANY m vote Professional L d9� PREPARED BY JOHN R. FARREN PROFESSIONAL LAND SURVEYOR 17 SOUTH RUSSELL STREET PLYMOUTH, MA 02360 SCALE: 1 "=30' MARCH 28,2003 - Ja �� A REVIEW OF FLOOD INSURANCE RATE MAP COMMUNITY PANEL NUMBER_d".50001 0022D DATED 7/2/92 HAS BEEN CONDUCTED AND TO THE BEST OF MY INTERPRETATION, THIS DWELLING IS IN FLOOD ZONE C AND IS NOT LOCATED WITHIN A SPECIAL FLOOD HAZARD ZONE. 3 31-03 d 100 1-0 Ka { "x R2 a I r M '7 Z ,�r;,,�> ay , . jJjFY J.B. SARGENT m 03 ,,' r u` Li,CJ Ux N > w RcC7S TIE r NF ^ N 155.41 2 N KEY MAP Z 00 P` ' 1=2,0001 •, . 207 00 N _ +SF '� 6,_ 2� t9e i "54 3gW OO `O� S� Cj•� � L=1 3a • , ��a .� � oLD 75 222• N A^20T�Co �0,00: R=2 05,5° �uc) 27 �2�R�2��` �a ; Jk—s 3 , SJ� •< 208. R --- _ ~RZS2.5$ 6 =2 ,�2� -Z ,� 3G,290 800�-1j.5 2 7.00 0 20 ¢, ' s 2i3±TO4 Qd? P 223:00 OOP! r- 77`3 290 5.53 L:.13a.45 , •�5795059W ,' 27.00 �s U. R .... 103 33 1'86t O 0- Z 5g,34 T RO R=12 2•5$ Z , , ao , F ,� ,� ��S'�32. 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"tom t S PLa�i �`� :.rat�,` 1�15�'1 �•�E..�� , , I N 89 00`0o w A°22 '140'S:F r HP,s Lr25.00 —� O' 0 A`C T' l5 bvlcE A0v `c" 13T uv Npp =AL_ WAS oo o h� 'y4s• p `Ctl.1l.S`L ( DPr S 12 �,. . .� p,.a oo � o _.,: '�Z,�c.>✓tv �a W iTk+IN o=25,1006..E s : • o .15 �—t FEB 2 61973 $6Ot ' vh k r 55.00 _ _ x *13 Via' �° w` ,�o' Towo CSC': ,g A=2 3,9 0 0 tS,F 16 o' _ VEYOR o o _ R �iSTERE D LAND SURVEYOR: r CHAT E 1:)S7c. tide �14 A=48625±S,Fo� ALFRED `Gti EYALD F e • 'To 7A.L, 3 to / N ' o 0 ,60 4- 0 H I LLCRF ST OLDr19.55 PLAN OF LAND D R= 912 KINGS ROAD r IN u s pu t5 Neprav t) 1 T c >��4 BARNSTABLE MASS. �Ao l.o`r Vk ` O-G S03Di v [SIC*-) 13P_ SOLD ARID �qa ?3'J1LTCAW� 5F44t L 'BP- cx CSU'TI L_ T4k� �QUt SCALE . 1 - 100 DECEMBER 5, 19 72 EWALDWASCHI INC. ENGINEERING CONSULTANTS SIZN uo-t' 4 AN C ` l4 �;Ar`TL P C%e lCdJ 908 CONCORD STREET FRAMINGHAM , MASS. k PN ?NST'>AOE�LAtJ>}JlQ qi4AD ROUTE, 6A,- SEA- LAKE BUILDING, SANDWICH, MASS. PET (TIONER RECORD OWNER: SEA-LAKE CORPORATION Apprccal of this plan is subljocl to j compliance with covenant to be SANDWICH , MASS. recorded herewith. C- 1001 A