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0025 FIRST WAY
RNMR AN _ WT 14, W -ggjogr vgg'wpep, 99, V qr of, �Mv MA R go— oil _0 t v, MIN Z 2 1 YIN 3- !�"VT V;-, MW ......... ----- Oivui�vy MS 11*1.141%7�ilg S D M44 44g 1gy""M 4 J, ��kgpv- �A M 411, X_ 2i & ."'geu Q.0 "A. 4k OHIO wi 6 4 R"i IN too 0 A _rri��,� ........... Q �4-PA'a .IM M, -f 04 J g, p J,� 0 MAY i5ili ROO;s,,4�6_ Vff; Xv "M 3"'! `N ME vim UMM v 01 =44 f�� 4 We low, "RA-94" '-4 mvor7t _i VW S M WVj6i-( Piw 'r RMV,5,N,� -�,Vgeg"k t� IL M��P 4j )-,p-. "-`�M' 2" '34 '4, M� ,i"o V, 'M Pj MM ? 0A, Ok -M ANN �_,t",Ul 4. Y Awn We MM 1M5?7i;11 nN rap 'M jR tt -M ff _3M 77MI _81 g gin., NY, 100.00, N -I- LOTS 146 & 148 10,000. SO. FT.f 0 0 O 40.4, O CONCRETE FOUNDATION TOP FNDN. 12.0' p r^ O O 2�.2. n! roV 100 0p, DCE #07-081 FOUNDATION PLOT PLAN PREPARED EXCLUSIVELY FOR THE PURPOSE OF OBTAINING A BUILDING PERMIT, NOT FOR ANY OTHER USE LOCATION 25 FIRST WAY BARNSTABLE, MA SCALE : 1" = 20' DATE : JUNE 10, 2008 PREPARED FOR: REFERENCE : ASSESSOR'S MAP 301 PARCEL 43-2 DOUGLAS GEORGE LOTS 146 & 148 LCP17933A SH 1 I HEREBY CERTIFY THAT THE STRUCTURE OF414S SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS SHOWN HEREON. p TIMOTHY G off 508-362-4541 H. M { I tez soa-3s2_9m o COVELL y downcepe.com o v No.38035 ' d wn cape enyh7** ind,&C. civil engineers aV land surveyors _ _ o eeUL 939 Main Street (Rte 6A) YARMOuTHPORT MA o2675 DATE RE` LAND SURVEYOR TOWN OF BARNSTABLE.BUILDING PERMIT APPLICATION p �� pp d � a c Ma Parcel � S (_:� � A lication G# G� Health Division Date Issued 3 Conservation Division Application Fee o Tax Collector Permit Fee 9/- a!� Treasurer ad, 0 7 Planning Dept. Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address do F-►aS` WAY J �y / 7 6 4 W Village Owner C-0 A Address Jy/ /'/O/LIm "e/,09<,Pag-k u Telephone 1 `7 IS3 - Permit Request �2 � 4 6 m• C 4 a#oc ko r 6,1�m Square feet: 1 st floor:existing proposed &3 2nd floor:existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation �� �7� Construction Type U�e-6z"�e Lot Size /.AV G d 4. Xi. Grandfathered: Uk,'fes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family W Two Family ❑ Multi-Family(#units) Age of Existing Structure r Historic House: ❑Yes UK On Old King's Highway: ❑Yes 0K011 Basement Type: ❑ Full WoCrawl ❑Walkout ❑Other p�, Basement Finished Area(sq.ft.) Alo n- , Basement nfinished Area(sq.ft) IMJ Number of Baths: Full:existing0 new , Half:existing j g new Number of Bedrooms: existing 0 new 3 `'fit/ Total Room Count(not including baths):existing � new First Floor Room Count Heat Type and Fuel: bras ❑Oil ❑Electric ❑Other Central Air: ❑Yes [➢1CIo Fireplaces: Existing New Existing wood/coal sIove: ❑Yves „O o Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑n`w size; Attached garage:❑existing l ew size/f 3112Shed:❑existing ❑new size Other: j v�j cn Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑ No If yes, site plan review# s © //// � - Current Use 1141:n4✓r (41C. Pro"'msed.Use_ - 4 BUILDER INFORMATION Name -1D©0 a&,_ Telephone Number 721 Address �/4 So vt� S License# C� LPDD/ Dan Home Improvement Contractor# ll7 Worker's Compensation# a J 1 7 07 114lerFOY ALL CONSTRU ION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO &A"o-K SIGNATU DATE Z y)/D? FOR OFFICIAL USE ONLY APPLICATION# j pf DATE ISSUED r ! MAP/PARCEL NO. ADDRESS I VILLAGE OWNER a DATE OF INSPECTION: ` FOUNDATION Qr� �— ro`or " FRAME INSULATION x FIREPLACE ' ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. I w 1� r PROJE NAME:CT MECT C ADDRESS: PERMIT# ODD©�SOD PERMIT DATE: 3 M/P:—�O/�- a� 6Oz. LARGE ROLLED PLANS ARE IN: BOX g� SLOT — � Data entered in MAPS program on: BY: /v J aQot'1-�� q/wpfiles/archive Town of Barnstable Building Department - 200 Main Street BARNST AB . # Hyannis, MA 02601 9�b 16.39. .��' (508) 862-4038 RFD MA'i A Certificate of Occupancy Application Number: 200800500 CO Number: 20080218 Parcel 10: 301043002 CO Issue Date: 12111/08 Location: 25 FIRST WAY Zoning Classification: RESIDENCE B DISTRICT Proposed Use: DEVELOPABLE LAND Village: BARNSTABLE Gen Contractor: GEORGE,000GLAS Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: Building Department Signature Date Signed (HE Tph, TOWN OF BARN STA B L E Building Application Ref: 200800500 -V * BARNSTABLE, � Issue Date: 03/04/08 • Per mit 9 MASS �A i639• Applicant: GEORGE DC -: \S+ rFp MAC Permit Number: B 20080411 Proposed Use: DEVELOPABL. Expiration Date: 09/01/08 Location 25 FIRST WAY Zoning'�i.:,:ci _RB - Permit Type: NEW SINGLE FAMILY HOME Map Parcel 301043002 Permit Fee$ 391:u.- Coritractor GEORGE,DOUGLAS Village BARNSTABLE App Fee$ ",100.06' License Num,. ,,01 a001 , f _I., 0 Est Construction Cost$ 95,376 l Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND iNEW MODULAR HOME WITH AN ATTATCHED GARAGE THIS CARD MUST BE KEPT POSTED UNTIL FINAL ONE BEDROOM AND 1 1/2 BATH INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: COAKLEY,CHARLES E u MARY JANE BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 341 NORTH ST INSPECTION HAS BEEN MADE. BRIDGEWATER, MA 02324 Application Entered by: JL Building Permit Issued By: ✓ �1✓ '� THIS PERMIT CONVEYS NO RIGHT.TO..00CUPY ANY STREET,ALLY OR SIDEWALK OR ANY ART THER F,EITHER TEMPORARILY R PERIMANENTLY: ENCROAC HEM ENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER'THE. ILDING C E,MUST BE APPROVED BY THE JURISDICTION. * STREET OR ALLY 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 CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE.VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). gygn � � Y� 4 r,,,J•. � ?M,, r� f ,.y+y*g k,t; ;.a„,��;�, ,', s'd'�,�',r x,. S�'�! �:s s � BUILDING INSPECTION APPROVALS PLUMBING IN1SPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS ( < 2 f/� 2��n q Z I�, ` 2��1�C� 3 A,�;, 1 Heating Inspection Approvals Engineering Dept Fire Dept ( 2 A S Boar e h 4 ' } Town of Barnstable Regulatory Services BMWSTAB' MASS.Mass. ` Thomas F.Geiler,Director �AM � s63q. �0 rF039, 16 Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 50.8-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder I, C#0�� A14 f , as Owner of the subject property hereby authorize (7 Oaf" 'C' to act on my behalf, in all matters relative to work authorized by this building permit application for: (Address of J b) Z 4vxd- l�-� Signature o Owner Date Print Name Q TORMS:OWNERPERMISSION Affidavit of Substantial Financial Interest r� I, 01"Ca&Sr � ,rc of //v S6&A CO, on oath depose and state as folloNE 1. 1 am an applicant for a building permit for the property located at Map30/ , Parcel y3- The address of the property is WQ 2. I have -- 0 — _% legal or equitable interest in the real property which is the subject of the building permit application which is identified in paragraph 1 above. 3. Within in the last twelve months from today's date, which is , the following individuals or entities have had a 1% or greater legal or equitable interest in the real property which lis the subject of the building permit application which is identified in paragraph 1 above: Name Address /4/0 N� 4. Within the last twelve months, from today's date, which is , I have had a 1% or greater legal or equitable interest in the following properties which have been the subject of a building permit application: . Ma /Parcel Address P _,A/o lNfi 5. Within this calendar year, I have submitted 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 AP building permit applications for property in which I have a 1% or greater legal or equitable interest. 7. Within this month, I have submitted, building permit applications for property in which I have a 1% legal or equitable interest. 8. Within this month, I have received A10 building permits for property in which I have a 1% legal or equitable interest. Ink Signed under the pains and penalties of per' , this y of � , 2000' 2001-0050/affin 1 O/LOTTERY/AFFIDAVIT L fHE ip Town of Barnstable BARNSTABLE. : Regulatory Services ices MASS. p 059. Building Division '' 200 Main Street,Hyannis, MA 02601- Office: 508-8624038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection I I S " Location <1 �� ( w Y Permit Number Owner Builder One notice to remain on job site, one notice on file in Building Department. The following items need correcting: ® SFf( IDS d V G-P�k- - (M ` -9- '-JSS' S �( L.[ C9-f- T- - c t) Cry Please call: 508-862-4038 for re-inspection. Inspected by Pt—�— Date �� y� U.S.DEPARTMENT OF HOMELAND SECURITY ELEVATION CER 1 iIFICATE ,gyp OMB No.1660-0008 Federal Emergency Management Agency ` w Expires February 28.2009 National Flood Insurance Program Important Read the instnii�Lons g A. SECTION A-.PROPERTY INFWNI '-ION For Insurance Comparry Use: Al. Building Owners Name GH 42 LDS -1- GG,A.IG.tLQ Policy Number A2 Buffing Street Address(irmhuting Apt.Unit,Suite,andlor .No.)or P.O.Route and x No. Company NAIC Number a5 Ft2.c( "Ant City State(� M� ZIP Cod'b7. ( .3 A3. Property Description(Lot and Block Numbers,Tax Parcel Number,Legal Description,etc.) ASS .sor>� A4- Building Use(e-g-Residential.Non-Residential.Addition.Aocessorli.etc.) tCe� A5. Latkude/Longftude:Lat 91 o%jV U.11 PJ{/- Long. -70 a 17 hi 7.20' W Horizontal Datum:©WAD 1927 WAD 1983 AS. Attach at least 2 photographs of the building ng if the Certificate is being used to obtain flood insurance. A7. Building Diagram Number 2 w0A,94_Ami$ A8. For a building with a crawl space or enclosure(s).Provide: v 5 All. For a building with an attached garage,Provide: a) Square footage of crawl space or enclosure(s) sq ft a) Square footage of attached garage 3 e I sq fl b) No.of permanent flood openings in the crawl space or b) No.of permanent flood openings in the attached garage enclosure(s)walls within 1.0 toot above adjacent grade 0 wags within 1.0 foot above adjacent grade' CO* c) Total net area of flood openings in Aab 0 sq in c) Total net area of flood openings inA9.b O * sq in 31r AWA•VKHED-.PeGI&PJ BY T1E6-1LWrV"*-D PROfC-%I A/,At-EN&V-60-+-A1U.oh✓vrt'r F&L 14-ipAoS'7srntrEVt.,ALrx45wA) SECTION B-FLOOD INSURANCE RATE MAP(FIRM)INFORMATION Bt.NFIP Community Name&Community Number 82.Coynty Name B3.State tAA B4.Map/Panel Number 85.Suffok 88.FlRNI Index 87.FIRM Panel B8.Flood B9 Base Flood Elevation(s)(Zone pate EffedmrelRevised Data Zane(s) AO,use bass flood depth) 125;0001 0001. D " r�V -i y q 7 B10. Indicate the source of the Base Flood Elovation.(BFE)data or base flood depth entered in Item B9. ❑FIS Profde ®FIRM ❑Community Determined- ❑Other(Describe) 811. tndiceta elevation datum used for BFE in Item.B9.N NGVD 1929 ❑HAVE)19M ❑Other(Describe) B12. Is the building located in a Coastal Barrier Resources System(CBRS)area"Otherwise Protected Area(OPA)? ❑Yes ®No Designation Date ❑CWS ❑OPA SECTION C-BUILDING ELEVATION INFORMATION(SURVEY REQUIRED) Cl. Budding elevations are based on: ❑Construction Drawings' ❑Budding Under Construction- ®Finished Construction -A new Elevation Certificate wig be required when construction of the building is complete. C2. ovations-Zones Al-A30,AE,AN,A(with SFE),VE.V1430.V(with BFE).AR,ARIA,AR/AE,AR/A1-A30,AR/AH,AR/AO.Complete Items C2.a-g below according to the budding diagram specified in ftem A7. Benchmark Ufted f-W\ 5 Vertical Datum N t5N d 1929 ComrersioNCommeMs Check the measurement used. a) TOP of bottom floor(mckiding basement,crawl space,or enclosure flood_ . ©©feet ❑meters(Puerto Rico only) b) Top of the nerd higher floor 1?J.Z LrJ feet ❑meters(Puerto Rico only) c) Bottom of the lowest horizontal structural member(V Zones only) _❑feet ❑meters(Puerto Rion only) d) Attached garage(top of slab) L I. . 3 y feet ❑meters(Puerto Rico only) e) Lowest elevation d madumry or egwp..im servicing the bufidaig 11 .�©feet ❑meters(Puerto Rion only) (Describe type of.equlpment in Commends) �, � l-� f) Lowest adjacent(finished)grade(LAG) `o_ .o 'X feet ❑meters(Puerto Rico only) 9) Highest adjacent(finished)grade(HAG) it.1- X feet ❑meters(Puerto Rico only) SECTION D-SURVEYOR,ENGINEER,OR ARCHITECT CERTIFICATION This certification is to be signed and seated by a land surveyor,engineer,or archited authorized by taw to certify elevation information..I certify tfrat the kdmmaBon on this Cerokete represents my best elliwft to kroupretdo date aveftble. 1 understand ibet any false statement may be pw>loheble by fem or enprisonmetnt under 18 U.S.Code,Section 1001. ®Check here if consrunts are provided on back of torn. Dos t t�L a cS t:A MA, *- 4061180 OF '0SCe�s 1 N>-"" � NuVlaehw�c��►-r,act License Number DANIEL Tine 'ten aN.a� �►�l4 02-&-7S OJALA Address /h City . )3'I/Og State ZIPCode #4098� S' t� f -Date Telephone FEMA Forn 81�31,February 2006 See reverse side for corttirtuation. Replaces ant Previous editions IMPORTANT: in these spaces,copy the corresponding information from Section A. For Insurance Company Use: Budding Street Address(Including Apt.Unk Suite,and/or Bldg.No.)or P.O.Route and Box No. Poky Number 25 >=tt�s City State ZIP Code Comparry NAIL Number SECTION D-SURVEYOR,.ENGINEER,OR ARCHITECT CERTIFICATION(CONTINUED) Copy both sides of this Elevation Certificate for(1)community official:(2)insurance agent/company,and(3)building owner. C°r"mer'Lg I..wfcS T fel.f�✓a.T�o+v eF A+A:u-rtN���/d►/G fl+•.•.T l = (1- i T— lam 1-1•/)/o g ®Check here it attadtmerks SECTION E-BUILDING ELEVATION INFORMATION(SURVEY NOT REQUIRED)FOR ZONE AO AND ZONE A(WITHOUT SFE) For Zones AO and A BFE),rbrtplota tters E1 E5 If the Certificate is intended to support a LOUB.at IOMR-F request,corrpiete sections A.B. and C. For Items El-E4,use n 1 grade,i available. Chock the measurement used, to Pue only,enter meters. El. Provide elevation information for owong and check the appropriate boxes whether the elevation is above or below the highest adjacent grade(HAG)and the lowest adjacent gra )• a)Top of bottom floor(Including basemerd, ;or is teat ❑meters ❑above or tmelow the HAG. b)Top of bottom tber(incMmding casement uan+spaoa canna)is _Q feet ❑mates ❑aboveor ❑below the LAG. E2. For Budding:Diagnurns 8.8 with permanerrt':Qood gs prowl. m Sedlon A Items 8 andlor 9(see e 8 of Instructions),the next Higher floor (elevation C2 b in the diagrams)of the rs t ❑meters `Q above or me the HAG. . E3. Attached garage(top of slab)Is. Q feet Q meters Q•a or ❑below the HAG. E4. .Top of platform of machine or equipment servicing the building is _ feet O meters 0 above or: 0 below the HAG. ES. Zone AO only: B depth number is available,is the top of the bottom floor elevated in rdance with the conene Ws floodpiain management es ❑No ❑unknown. The local official must certify this Worrnotion in Section SECTION F-PROPERTY OWNER(OR OWNER'S REPRESENTATIVE)CERTIFICATION. The property owner or owners authtrized representative who completes Sections A.B.and E Pr Zone A(without a FEMA48sued or community—issued BFE) or Zone AO must sign here..The in Sections A;S.and E are coned to Hre my k.,bdga. Property Owners or Owners AWtptlaed It tive's Nemre Address City State ZIP Code Signature to Telephone Co+mnenis - ❑Check here if attachments SECTION G-COMMUNITY INFORMATION(OPTIONAL) The local l who is aldhoriaed by law or ordinance to adnalster the cormnundyyrs floodptain management ordinance can oonpkte&wtions A,S.C(or E).. and G of this Elevation Cafff Cole; Complete the applicable items)and sign below. Check the measurement used in Items G8.and G9. G1.Q The information' n C was talken from other documentation that has been signed and led by need surveyor,engineer,or architect who Is authorized by cattily elevation khrmetlort. (Indteate pipe source and date of the ek k in the Comments area below.) G2. A community official cc Seclim E for a bkdk6kg located in Zone A(withokrt a. or C*mnao ty4ssued SM or Zone AO. G3.❑ The following idonnation(fterrms )is provided for community f oodptai+ ptvpoees. G4.Permit Number G5. bate !saved G8. Date C rifi ate Or ConpiancelOeeupancy Issued G7.This permit has been issued for. 0 NewConsbucdon Su i improvement G8.Elevation of as-built lowest floor('wkiu t bourne"of the ❑feet ❑mrete.am) Datum G9.BFE or(in Zone AO)depth of flooding at the budding site: . Died .❑meters(PR) Daturn Local Ofbeiars Name Community Name TelQPh Signature Date Comments ❑Check he.if allaghmeft FEMA Form 81-31,February2DOS Replaces all pisvious editions L- ' 12%02/20118 01:2.31 Niche el.Cudilo. OE' N0.602 02 a 7 DrCLOM AREA C 14x23.7 = 332 S.F.F. 4 , OPENING AREA = SEE WEEP HOLE LOCATION F�lo i •. 174 FLOOD ZONE A3 �r >•upAl( k. EL MO BASE FOOD ELEVATION (B_F.E.) 7. T.O. fQtl . EL 12.8 2 #5 O LO. WALL 2" CLEAR AND BELOW OPNGS. • �1N11 cx +.)��,Gqk. T.O. siae °D EL. 12.0 11.9 i - MCI o I i1 I • ' 1 I FOUNDATI0Ni WALL WITH WEEP HOLE DETAIL FLOOD FavNDATIO ®ETAUI MI C LE CtTDILO, P.E. ' Con �lT GARAb" ru turol Ee, ..,. GEORoz RE s cE o W.me Oft 07/06/07 Drawing #20 x0f tit". o 07 BARNSTABLE ;� Nonce... �;� No.:2007—,�S KS— 1 G 12/@2/2883 81:23 Niche 0 'Cudilo. PIE 110.682 81 i ENCLOSED j - • E flE f i AREA i 11215 S.F. N L cull I :OPENING AR EA SEE WEEP HOLE LOCATION a I�VCTttRI� FLOW ZONE A 3 i EL .0. BASE FLOW ELEVATION (B.F.E.) i 70Pot#tAPFrIC F VATIDNS PLAN BY AIM H. OJALAI R.CS.. 04 07 F.M. EL .13.5 j. Y.O. FO • • 2 /S TOP 2" Ct.F.AR ALL ARNO. F10L GRADE ; i N o EL. 11.E ; W E. .0 I � k b". 2' OUST CAP w/(2)OPNCS.1'x4 'MIN. i ii I 240 FOUNDAT100 ;WALL WITH WEEP - HOLE DETAIL �IGI,E CUDiLO, F.E. FLOOD FOUNDATION DETAI,$ Consulting ftrualggl En inner jum Oulmr4ft G� RGLftEyTCB. e:uc oot« o-,/os/o� S Drawin BA$iNS ABL A SIB 1 Project No.: 2007-97 #25 First Way, Barnstable, MA 11/21/08 Photos IN rr '� ...E _— . 0 No NILt �n III oilIN IMF �!. �'� - �S.t'[.-�', yr * .� x�{�•,rC d -�Ar�� "3+. q� t�*r.-n�,,��'7�.+. Y � �i.�'a� —• - ` T .Zr�."Ss�'Y'7d"� N'�.y � `� Y� �h'�'1« r! .TI•WP'$«�� ti d � GC: N t'''tt � ��g` �'�� r�`�'R I'T"xe+ms,` r.�?�d� s si++�'.r,+nsrsi•.�` �� ' "` X9' - a`�` ."sZ„" + -�y'w s t�+e 4" r ':��.1—.7. Sy.... - rq,� _ ^t.�ay� 7 • :?c i. 'cke z ♦ .tiY �,, �s ' 1�;�j �•C y'� �' �,�7,( �+i1�p. � *�f�r ire '^Y�i' of '�-e � w,ac � _ +�_, .. «� �*.0 Y 1.+•IT .".�.�.'n � K � ...�, .Y.�'.r�. ". 4� _ 1,.r �¢{ .>'i, '"A.j� a'A.S.�. }.•:� Front View (above) Crawlspace with engineered openings (below) • � �� I' ....�-.' f a 1. -r � � _ , ,,� W •_._. � :sue v r nti. � . � ��—•' ""r`r.' - =" ' ���� _. ter/ o , Erawlspacef (above) Side view (Below) #25 First Way, Barnstable Liu oil 01, IN AE 75i— art s r,.5' .�"— . •i ^F+r �„ {a} .. s z,y ir� 2 �w5, Y - �.r..?.. ..t�✓-G.,�-yw3�,.r�ma`s^ ht.r t�' �..�, � ��'awi^. 7F t e r�` -+ '1.,, 15� S � ♦t � v"�'a-f�'t� < ,@„!, ?�'�f,, i,. �ra.e ,4_.Pa s�.,x� ++.M t-,Y ..'�� '' �,Y� �- � K � ..r'�,,.�_''rt� '�1� r`-rp ��"`��. f`�z��g� s� �,r+�'�����¢�,'�� 'i�*a,T�alfx�J�t"�'',�c•.� �bk� .•, �_; "�'�.i�e. •�tJ�a'4. � z fa4�+1,.74._�����'�Ji�'' � ..�3..'2.E1=��=J:Js?ve"�.. '�.'�.' •�w5�r.y- -P•Yt"♦ i t } - 4 �d• • r 11-21-08 Side (Gar) View above, Rear View below, #25 First Way, Barnstable Hu via • �� s:...=�._--. a .�. --_ a e- - -- _ nE� e — —- 1 — y •0.� C ----------------- ,(� _. .,'�Y+e1n��r'�����{'"-�'�`:�4, a�r.':+��.' �,`'y'.a�y,�sfA--p-+�`�.°'"�j a6.•-�+� x' r'- �"x'n.�. ... - � -(_��ti75k w�`` 4y'-;�'�-�G� "w-T"y�.•"Y ,.'s�.1T�F"R.y 1"S•�- 4c1am ?. ^�•1•- T.� �; �„�w�y. -.+tT .d` � I•Y4 ���..1�'T r •t•. iS�•-•s�`x-yf_ir�,�, �� �� ;3�» �+P' -.' �'.C'-. _-��,�-ram` �..��'� �'�r•"�.'�,;�a��..�3�� i.,+ ,,� ���� T �� X..s�,. ,.•,+�.-,�.� r may �, ..� '�'.�."�'-�-� _ DG 02, INC. CUSTOMBUILT HOMES 110 SOUTH STREET NEEDHAM9 MA. 02492 (781) 444-9067 georgeassociates@rcn.com July 7, 2008 t� Mr. Paul Roma Building Inspector Town of Barnstable 200 Main St. N , Hyannis, Ma. 02601 Re -Build rig-Pe`rmit`#`B`200804 It, 25 First Way in Barnstable Dear Paul: This is to advise you that we will be setting the modules for this home on July 24th and July 25th. Si rely: Doug'' orge ral'Contractor A U PENN. LYON HOMES CORPORATION Airport Rd., P.O. Box 27,Selinsgrove, Pa. 17870 *Tel.(570)374-4004 *Fax(570)374-6053 Web:www.pennlyon.com February 15, 2008 RE: Letter of Certification To whom it may concern: This letter is written in demonstration of the fact that GCB Construction has been adequately educated in procedures relating to the field installation of Penn Lyon Homes, Inc.'s manufactured homes. Such procedures include the safe placement and attachment of all manufactured units to the field constructed foundation, as well as all other connection details as prescribed by this manufacturer's approved set manual. By issuing this letter, Penn Lyon Homes, Inc. agrees that Chad Brown from GCB Construction, is adequately equipped with the knowledge of all current State and Local Building Codes, and General Construction practices. If there are any questions relative to this subject, I may be contacted @ 800-788-4754. EXT# 307 Very truly yours, Jeff Cashner Sales PENN LYON HOMES, INC. Manufacturers Custom Homes • Town Houses • Commercial Buildings F• 0 7-7 1 4' S-1 1 2'_ R6P6 FF——-- — ———--- ————————————— 7-068 �----- 1ON N I I I E'X 16 ftAsmr RLoi Al 12'0•OZ.WMAN. 0•r/cX�pla, Kai, BC, 7 0• V 12•BLOCKC X•P I�C�JraE�(-U�R Y IIIlIIII hr rr �mc (Xsom" IU16 MIN CONCRETE BLOCK PIER _ V CONCRE ootX o[2904 LoDETERWa��� Lock SOIL COXV06 eCOOE CRAWL SPACE GARAGE SLAB \ I �. X IC LdIC FM I/'e•snot I I X 20'CONC.M 1/W*BLOCK I I X 24'rCC � �O .FTC.I/Ir I I I ' = • I I I / \ I I c-s`i�S�- ' oat rxm1XT �' I ------------- I LTJ 2X6OR2XB CONT.SILL KATI 11 I BUILDER DGO$NC ptSPZA:aINGS NOTfl'+i»UM ffVX UUL I I FAstLiw TO W AN tXX1 wu I I ALOCH'AS'ADD[NG STSB! BEdIIS __ __________ _ I' I . . .--; I �rtp�/2,X wuaR Bars I CUSTOM CAPE I ,108 W1ME: B i ILOQEL THE NUY88R;01'AND/OY THE Y-S I _ Y_3, , :I L ' I F WMRT COLUMn ARE I rI I SIfE LOGTgN: BARNSTABIE.Mh14LSONRY OPENING COIAIiY: BARItSTABLEDVCLUBE FINAL PODNDAIION DESIGN I L+J c o: X111YAI mm tlai a I I ZIP CODE 02630 'unY FROM, OFwloou a I SEISMIC CATEGORY B ttaur I tmn toots I I i SNOW LOAD 25 Pst NOTES: I I oClVW AS 10 awa. i I I 1. THIS.FOUNDATION,IS:SUGGESTIVE ONLY. >I � _ __ __ __ _ ___ I WIND SPEED(vw): 90 mph ACTUAL PLAN_IS,SUBJECT TO LOCAL SOILPENN ------------ ,--- -- LYON CONDITIONS AND CODES. •• l : � —,� PORCH STAB ��'' 2. PLH IS NOT RESPONSIBLE FOR MATERIALS AND CONSTRUCTION IN THIS DRAWING. f Ir ��L'' I IHObMS 3. PLH SHAH BE NOTIFIED WHEN STRUCTURAL. I Lr� " vl` ^` ��� "°e""' CORPORATION '"�"'17M ALTERATIONS, SUCH AS ADDING STEEL BEAMS - Is7o)zr+our TO CHANGE:THE NUMBER OF AND/OR THEH L� ————————————— POumx"PLAN SPACINGS-or.-SOPPORT COLUMNS, ARE INCLUDED 2-4 i,•. W-V Dow IN THE FINAL FOUNDATION DESIGN. 064 — 6✓19/2007 1227:55 PM VV o` MICHELE CUDILO No.34774 STRUCTURAL z- . A ��>� FLOOD OPENINGS ENCLOSED AREA = 14x23.7 = 332 S.F. OPENING AREA = SEE WEEP HOLE LOCATION e NOTE FLOOD ZONE A3 EL. 11.0 = BASE FLOOD ELEVATION (B.F.E.) T.O. FOUND. EL. 12.6 25 ® T.O. WALL 2» CLEAR AND BELOW OPNGS. T.O. SLAB 0 FINISH GRADE ' (NP•) EL. 12.0 EL. 11.9 z 0 FOUNDATION WALL WITH WEEP HOLE DETAIL OF MASS 9n - 2 ►,itCH£LE '�o CUDILO u 0 S? 3 R� A774CTU�At. AEGIS�a� �2 � I(XJAL� Ii 0 ob o� FLOOD FOUNDATION DETAILS MICHELE CUDILO, P.E. AT GARAGE Consulting Structural Consulting Structural Engineer 123 Cottonwood Lone, Centerville, Mossochusetts 02632 GEORGE RESIDENCE Drown. By: MC Date: 07/06/07 Drawing #25 FIRST WAY Scale: None Rev. 0 BARNSTABLE, MA File Name: e..p Project No.: 2007-97 SKS - 1 G r - ` FLOOD OPENINGS ENCLOSED AREA = 1215 S.F. OPENING AREA = SEE WEEP HOLE LOCATION NOTES FLOOD ZONE A 3 EL 11.0 = BASE FLOOD ELEVATION (B.F.E.) TOPOGRAPHIC ELEVATIONS PER SITE PLAN BY ARNE H. OJALA, R.L.S., 04/17/07 F.F. EL. 13.5. T.O. FOUND. EL. 12.3 2 #5 TOP 2" CLEAR ALL ARND. Q Z i o FIN. GRADE N o EL. 11.6 MAX. M B.F.E. = EL. 11.0 'FAQ-c. +off 0 I Optional: 2" DUST CAP w/(2)OPNGS.1'x4. 'MIN. OF kASSq\. a2� MICNELE Gs� CUDILO oNo.34774 STRUCTURAL 1' 24" FOUNDATION WALL WITH WEEP HOLE DETAIL { D of . 7 COlCO7 MICHELE CUDILO, P.E. FLOOD FOUNDATION DETAILS Consulting Structural Engineer 123 Cottonwood lane, Centerville, Massachusetts 02632 GEORGE RESIDENCE Drawn By. MC Date: 07/06/07 Drawing #25 FIRST WAY Scale: None Rev. 1 BARNSTABLE, MA S K— 1 File Name: umm Project No.: 2007-97 'I • �l007 FLOOD OPENINGS N of r�A�s ENCLOSED AREA = 1215 S.F. REQ'D OPENING AREA = 1215 SO. IN. �o NiICHE y\ AREA .PROVIDED = (2)16"x32"SMARTVENTS o CUDIL0 1 = 1600 SQ. IN. 0 No.34774 STRUCTURAL NOTES e FLOOD ZONE A 3 NAL EL 11.0 = BASE FLOOD ELEVATION (B.F.E.) SS! NAL F'�yV TOPOGRAPHIC ELEVATIONS PER SITE PLAN BY ARNE H. OJALA, R.L.S., 04/17/07 F.F. EL. 13.5 T.O. FOUND. EL. 12.3 2 #5 TOP 2" CLEAR ALL ARND. o FIN. GRADE. iv m _ EL. 11.6 MAX. r i. r, B.F.E. = EL. 11.0 o l Optional: 2" DUST CAP w/(2)OPNGS.1'x4. 'MIN. 24" FOUNDATION WALL - WITH WEEP HOLE DETAIL MICHELE CUDILO, P.E. FLOOD FOUNDATION DETAILS Consulting Structural Engineer 1123 Cottonwood bone, Centerville, Massachusetts 02632 GEORGE RESIDENCE Drawn By: MC Date: 07/03/07 Drawing #25 FIRST WAY Scale: None Rev. 1 BARNSTABLE, MA S K— 1 File Name:oexx Project No.: 2007-97 1 i 1 1 Commonwealth of Massachusetts Manufactured Buildings Program Transmittal Form for all correspondences relating to `y Manufactured Buildings and Building Components To: Linda McAlister , Manufactured Buildings Program Phone Number: Date Transmitted Linda.McAlister @state.ma.us 508-898-0167 5-19-08 Commonwealth of Massachusetts 167 Lyman Street / P.O. Box 1063 Board of Building Regulations and Standards Hadley Building-Ground Floor Westboro Massachusetts 01581 The person forwarding this material shall complete the following portion of this transmittal Name of Person BETH HART MC Number TPIA Number Transmitting Material 0175 02 The following information is being transmitted to the Board of Building Regulations Please indicate the Distinct and Standards and/or the Department of Public Safety for reasons detailed below Model and/or Serial Use (Please check the appropriate box or give a further description of the transmitted Number pertaining to Group items under the section labeled other. Be sure to identify the appropriate Use Group.) transmitted items Building Plans for Review and Approval ❑ Building Plans forwarded as a record copy for your files F�71 280095 R-4 (Review not required) Revised building plans for review. ❑ (Please clearly identify revisions on the plans.) Revised Building Plans forwarded as a record copy for your files ❑ (Review not required-Please clearly identify revisions on the plans.) Compliance Assurance Programs Original Submission Modification to: Calculations Manual Original Submission Modification to: Installation Manual Original Submission Modification to: EL Systems Drawings Original Submission Modification to: Other-Provide a detailed description of any other materials which are being transmitted. Identify any revisions clearly along with BBRS number. Also, identify the requested action. Site Location: 25 FIRST WAY BARNSTABLE MA 02020 The office transmitting this information has reviewed the above mentioned and attached materials and has found them,to the best of our knowledge and abilities,to be in compliance with the codes and\or rules and regulations for the Commonwealth of Massachusetts'Manufactured Building Program, as applicable Harold Raup Signed By q�V12:20:27 F2008.05.27 Signed By forTPIA: BBRS No: assigned by Mass. for MASS: -04'00' f R Print Form ,� . PORCH UPLIFT Project ID#280095 (ACSE'05 Fig 6.2)SIMPLIFIED DESIGN WIND PRESSURE,Ps30 EXPOSURE B, h=30 ft,WITH 1=1.0 Wind Horizontal Pressure Vertical Pressure Overhangs Velocity Roof Angle Load Cas A B C D E F G H EoH GoH 0 to 5 1 19.2 -10.0 12-7 -5.9 -23.1 -13.1 -16.0 -10.1 -32.3 -25.3 10 1 21.6 -9.0 14.4 -5.2 -23.1 -14.1K-7.7 -10.8 -32.3 -25.3 15 1 24.1 -8.0 16.0 -4.6 -23.1 -15.1 -11.5 -32.3 -25.3 110 2D 1 26.6 -7.0 17.7 -3.9 -23.1 -16.0 -12.2 -32.3 -25.3 25 1 24.1 3.9 17.4 4.0 -10.7 -14.6 -11.7 -19.9 -17 2 -4.1 -7.9 -5.1 - 1 21.6 14.8 17.2 11.6 1.7 -15.6 -11.3 -7.6 -8.7 2 21.6 14.8 17.2 11.8 6.3 -7.7 4.6 -7.6 8.7 UPLIFT ON CEILING JOIST FROM ROOF Porch width= 6.00 R Floor dead load is taken at 10 psf Wind uplift on rafter- W= 10.7'24/12= -21.40 plf 6t_On Cd= -21.40 Re RC 6.00 RE=RC=21.4'6.0/2= -64.20 lb 5t-0rt UPLIFT ON CEILING JOIST FROM PORCH ri 1= 19.9*24/12= -39.80 plf CJ= 17.0'24/12 -34.00 plf CJ= -39.80 ro I= -34.00 R Rc b= 1.0 L= 5.0 a= 6.00 Ra=(34.0'5A2/2+39.8'1.0'(5.0+1.0/2))/5.0= -128.78 lb Rc=(34.0`5.042/2-39.8'lA2/2)/5= -81.02 lb Connections required at each end of ceiling joist At Porch header wall side Re=R.From roof(64.20)+RB From ceiling(-I28.78)= -192.98 lb At Exterior wall of house Re=64.20+81.02= -145.22 lb USE SIMPSON H2.5 TO CONNECT CEILING JOIST TO HEADER Load on header from roof= 192.98 plf w= 192.98 R L= 6.0 Max=192.9B'612/8= 868.411bft= 10420.921bin Rv--192.98'612= 578.94lbft= Format conversion factor KF Resistance factor cl� Size factor Cr used with Fr, Fa Ft Fv.Fc,Frt.Fs= 2.16/4) Fb= 0.85 For 2x4 SPF#1#2= 1.5 Fc Few 1.875/4) Ft= 0.80 For 2x6 SPF#1#2= 1.3 Ennin= 1.5/cO F.,Fn,F.= 0.75 For 2x8 SPF#1#2= 12 Fc,Fc petp= 0.90 For 2x10 SPF#1#2= 1.1 Time effect factory Ernin= 0.85 For 202 SPF#1#2= 1.0 Load Combination Y 1.4(D+F) 0.6 PFS Corporation 12(D+F)+1.6H+0.5(Lr or S or R) 0.6 Northeast Region 12(D+F)+1.6(L+H)+0.5(Lr or S or R) 0.7 when L is from storage APPROVED 0.8 when L is from occupancy H Raup-3 1.25 when L is from impact 5127r08 to 1.2D+1.6(Lr or S or R)+(L or 0.8" 0.8 FApproval lilt Porimited fioactory Bun All other load combination 1.0 PORCH UPLIFT Project ID#280095 Check 2-2z10 SPF#1#2 Retaining band A=27.75 W2 S=42 78 inA3 1=197.86 W4 Fb= 875.00 psi v= 135.00 psi E= 1400000 psi Emin= 516000 psi KF= 2.1614= eb= 0.85 (1)= 0.75 CF= 1.1 KFb= 2.54 KFv= 2.8B y= 0.80 F'b=yKF_4,be?b FbCrCr—0.8'2.54'0.85'875'1.1= 1663.2 psi F v=yKF_av$v Fv=0.8a2.88a0.75.135= 233.3 psi MmaWS=10420.92/42.78= 243.59 psi<Fb= 1663.2 psi 3V/2A=3`578.94/(2`27.75)= 31.29 psi<Fv-- 233.3 psi 0'=1NLA4/BEI=192.9Ba6A4a12A3/8'14000DO*197.86= 0.20 in<L/240= 0.3 USE 2-2X10 SPF#2 HEADER USE SIMPSON EPB44 TO ANCHOR COLUMN BASE TO FOUNDATION UPLIFT CAPACITY=800 LB USE SIMPSON PC4416 TO ATTACH COLUMN TO HEADER UPLIFT CAPACITY=1000 LB PPS corporation NorNenst Region APPROVBO X Ranp-3 SR7/118 Fanory Built Ponon Project ID# 280095 110 MPH Ranch or Cape Models Exterior Perforated(Type II)Shear wall(WFCM 3.4.4.2) Perpendicular to Parallel to ridge Building Wall Elevation Front Rear Right Side Left Side Wall Height 8.00 8.00 1 8.00 8.00 Max. Unrestrained opening Height 6-8" 1 6'-8" Actual Length of Full Height Sheathing (I-N) 15.83 1 16.251 23.25 1 25.92 Length of Wall (Lwan) 27.75 27.751 32.00 32.00 Percent Full Height Sheathirg (LFH/Lwaii) % 57.05 58.6 72.66 81.00 Tabulated Min Length Full Height Sheathing-Segmented wall 11.80 11.80 7.80 7.80 Wall Height Adjustment(Table 3.17A&B)(Cw=8.0/8) 1.00 1.00 1.00 1.00 Shear wall Adjustment per Table 3.17D(CswA) 0.74 1.00 1.00 1.00 Min.Length Full Ht.Sheathing Segmented Wind(LTrPEI-w=Lw-CwH(cswA)) 8.73 11.80 7.80 7.80 Perforated(Type II)Length Increase Factor From Table 3.17E 1.350 1.335 1.160 1.132 Min.Length Full Height Sheathing Perforated Wind(LTYPEn-w=LTYPEI-w(CL)) 11.79 15.75 9.05 8.83 LTypet-w<LFH OIK OK OK OK *7/16"SHEATHING 8d COM:MON 3"EDGE SPACING-1/2"GYPSUM 5d COOLER NAILS-4"EDGE SPACING Overturning Resistance(WFCM 3.2.3) Building Wall Elevation Front Rear Right Side Left Side Wall Height 8.00 8.00 8.00 8.00 WSP Perimeter Edge Nailing-Wind 6" 6" 6" 6" Tabulated Holddown connection capacity required-Wind(Tw)* 3488 3488 3488 3488 Holddown adjustment per Table 3.17F(CswA) 0.74 1.00 1.00 1.00 Adjusted holddown capacity(Taw=(Tw)/(CswA)) 4714 3488 3488 3488 lHolddown capacity required tors floor-- aw2ndt awls- 4714 1 34881 3488 3488 REAR 3W��A6L�L0 33 trtta®t a®rtoatn J 3 �� [WOMnoou 0 aun rz � earun 10 o \� E i� 0 U UVIItG a0a11 STIIDT I I i i 4,-B 314• I Z-2J r I T-W 13,_61?t 2'3 3r4• -- 7-71 FRONT WA t PFS Corporation Northeast Region APPROVED H Raup-3 vnms Approver umncd to Factory aule PorU= Page 1 l i Ranch or Cape Models Project ID# 280095 110mph xterior Perforated(Type II)Shear wall(WFCM 3.4.4.2) Parallel to Ridge JPerpendicular to rid Building Wall Elevation Front I Rear I Right Sidel Left Side Wall Height 8.00 8.00 8.00 8.00 Max. Unrestrained opening Height 6'-8" 6'-8" 6'-8" 2'-B" Actual Length of Full Height Sheathing (LrH) 4.75 11.50 20.50 23.75 Length of Wall (Lwan) 14.50 14.50 23.75 23.75 Percent Full Height Sheathing (LFH/Lwall) % 32.76 79.3 86.32 100.00 Tabulated Min Length Full Height Sheathing-Segmented wall 6.70 1 6.70 6.00 1 6.00 Wall Height Adjustment(Table 3.17A&B)(Cw=8.0/8) 1.00 1.00 1.00 1.00 Shear wall Adjustment per Table 3.17D(CswA) 0.35 1.00 1.00 1.00 Min.Length Full HtSheathing Segmented Wind(LTrPEFw=Lw-Cwr(cswA)) 2.35 6.70 6.00 6.00 Perforated(Type II)Length Increase Factor From Table 3.17E 1.675 1.140 1.089 1.000 Min.Length Full Height Sheathing Perforated Wind(LTrPen-w=LTrPEI-w(CL)) 3.93 7.64 6.53 6.00 LwPEII-w<LFH OK* I OK OK* I OK *SEE BELOW Overturning Resistance(WFCM 3.2.3) Building Wall Elevation Front I Rear I Right Sidel Left Side Wall Height 8.00 8.00 8.00 8.00 WSP Perimeter Edge Nailing-Wind 6" 6" 6" 6" Tabulated Holddown connection capacity required-Wind(Tw)* 3488 3488 3488 3488 Holddown adjustment per Table 3.17F(CswA) 0.35 1.00 1.00 1.00 Adjusted holddown capacity(Taw=(Tw)/(CswA)) 9966 3488 3488 .3488 Hoiddown capacity required tors oor- aw2nd+ awls- 1 9966 1 34881 3488 1 3488 *FRONT WALL 7/16"SHEATHING 8d COMMON NAILS-3"EDGE SPACING BOTH SIDES *RIGHT WALL IS A COMMON WALL NEEDS 6.53 FOR GARAGE AND 8.83 FOR HOUSE=15.36 TOTAL SHEATHING IS 23.25 14'-616'REAR WALL 6 314 BB 1� y tzLU rz ONE GM MARAGE O U I i I 2'-0112'I 1 FRONT WALL t 1 2-41/2' PFS Corporation Northeast Region APPROVED H Raup-3 5/27/08 Pagel Approval limited to Factory Built Portion REScheck Software Version 4.1.3 Compliance Certificate Project Title: COAKLEY RESIDENCE Report Date:05/16/OB PFS Ceryer,Ron Northeast Re"ien "PR"— Data filename:M:\20D81Res-Check1280095.rck N ti"P-3 :±,oa Energy Code: Massachusetts Energy Code Location: Barnstable,Massachusetts Construction Type: 1 or 2 Family,Detached Heating Type: Other(Non-Electric Resistance) Glazing Area Percentage: 15% Heating Degree Days: 6137 Construction Site: Owner/Agent: Designer/Contractor: DOUG GEORGE SIGNATURE BUILDING SYSTEM Compliance:7.0%Better Than Code Maximum UA:186 Your UA:173 Ceiling 1:Flat Ceiling or Scissor Truss 883 30.0 0.0 31 Wall 1:Wood Frame,16"o.c. 221 19.0 0.0 9 Window:2852:Vinyl Frame,Double Pane with Low-E 15 0.330 5 Window.2852:Vinyl Frame,Double Pane with Low-E 15 0.330 5 Window:2852:Vinyl Frame,Double Pane with Low-E 15 0.330 5 Door.3/0:Solid 22 0.160 3 Wall 2:Wood Frame,16"o.c. 256 19.0 0.0 13 Window.2B52:Vinyl Frame,Double Pane with Low-E 15 0.330 5 Door.3/0:Solid 22 0.160 3 Wall 3:Wood Frame,16."o.c. 221 19.0 0.0 10 Window:24210:Vinyl Frame,Double Pane with Low-E 8 0.330 3 Window.2852:Vinyl Frame,Double Pane with Low-E 15 0.330 5 Window:2852:Vinyl Frame,Double Pane with Low-E 15 0.330 5 Door.218:Solid 19 0.160 3 Wall 4:Wood Frame,16"o.c. 256 19.0 0.0 13 Window-2852:Vinyl Frame,Double Pane with Low-E 15 0.330 5 Window:2B42:Vinyl Frame,Double Pane with Low-E 13 0.330 4 Window:2852:Vinyl Frame,Double Pane with Low-E 15 0.330 5 Floor 1:All-Wood Joist/Truss,Over Unconditioned Space 883 19.0 0.0 41 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 Massachusetts Energy Code requirements in REScheck Version 4.1.3 and to comply with the mandatory requirements listed in the REScheck Inspection Checklist 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 125%of the design load as specified in Sections 780CMR 1310 and J4.4. INanA-Title U Signature Date Project Notes: RA9 FLOOR INSULATION TO BE INSTALLED AND SUPPLIED ON SITE BY OTHERS Project Title:COAKLEY RESIDENCE Report date:05/16/08 Data filename:M:1200B\Res-Check1280095.rck Page 1 of 5 i REScheck Software Version 4.1.3 Inspection Checklist Date:05/16/08 Ceilings: D Ceiling 1:Flat Ceiling or Scissor Truss,R-30.0 cavity insulation Comments: Above-Grade Walls: D Wall 1:Wood Frame,16"o.c.,R-19.0 cavity insulation Comments: 0 Wall 2:Wood Frame,16"o.c.,R-19.0 cavity insulation Comments: ❑ Wall 3:Wood Frame,16"o.c.,R-19.0 cavity insulation Comments: D Wall 4:Wood Frame,16"o.c.,R-19.0 cavity insulation Comments: Windows: 0 Window:2852:Vinyl Frame,Double Pane with Low-E,1-1-factor 0.330 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break? Yes No Comments: 0 Window:2852:Vinyl Frame,Double Pane with Low-E,U-factor.0.330 For windows without labeled U-factors,describe features: #Panes_Frame Type Thermal Break? Yes No Comments: ID Window:2852:Vinyl Frame,Double Pane with Low-E,U-factor.0.330 For windows without labeled U-factors,describe features: #Panes_Frame Type Thermal Break? Yes No Comments: 0 Window.2852:Vinyl Frame,Double Pane with Low-E,U-factor.0.330 For windows without labeled U-factors,describe features: #Panes_Frame Type Thermal Break? Yes No Comments: ❑ Window:24210:Vinyl Frame,(Double Pane with Low-E,U-factor.0.330 i For windows without labeled LI factors,describe features: #Panes_Frame Type Thermal Break? Yes_No Comments: '0 Window:2852 Vinyl Frame,Double Pane with Low-E,U-factor.0.330 For windows without labeled U-factors,describe features: PFs corporation #Panes—Frame Type Thermal Break? Yes No Northeast Region APPROVED Comments: N Raup-3 5/'7/08 Approval Ilmlted to D Window.2852:Vinyl Frame,Double Pane with Low-E,1-1-factor.0.330 Factory Built Portion For windows without labeled 1-1-factors,describe features: Wanes_Frame Type Thermal Break? Yes No i Project Title:COAKLEY RESIDENCE Report date:05/16/08 Data filename:M:120081Res-Check1280095.rck Page 2 of 5 Comments: ❑ Window:2852:Vinyl Frame,Double Pane with Low-E,U-factor:0.330 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break? Yes No Comments: ❑ Window:2842:Vinyl Frame,Double Pane with Low-E,U-factor.0.330 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break? Yes_No Comments: ❑ Window:2852:Vinyl Frame,Double Pane with Low-E,U-factor.0.330 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break? Yes_No Comments: Doors: ❑ Door.3/0:Solid,U-factor.0.160 Comments: ❑ Door.3/0:Solid,1-1-factor:0.160 PFS Corporation Comments: Northeast Region APPROVED N Raup-3 ❑ Door.218:Solid,U-factor.0.160 vzWme Approval lir fled to Comments: Factory Built Portion Floors: ❑ Floor 1:All-Wood Joist/Truss,Over Unconditioned Space,R-19.0 cavity insulation Comments: Air Leakage: ❑ Joints,penetrations,and all other such openings in the building envelope that are sources of air leakage are sealed. ❑ When installed in the building envelope,recessed lighting fixtures#meet one of the following requirements: I. Type IC rated,manufactured with no penetrations between the inside of the recessed fixture and ceiling cavity and sealed or gasketed to prevent air leakage into the unconditioned space. 2• Type IC rated,in accordance with Standard ASTM E 283,with no more than 2.0 cfm(0.944 Us)air movement from the the conditioned space to the ceiling cavity.The lighting fixture has been tested at 75 PA or 1.57 Ibs/ft2 pressure difference and shall be labeled. Vapor Retarder: ❑ Installed on the warm4n-winter side of all non-vented framed ceilings,walls,and floors. Materials Identification: ❑ Materials and equipment are identified so that compliance can be determined. ❑ Manufacturer manuals for all installed heating and cooling equipment and service water heating equipment have been provided. ❑ Insulation R-values and glazing U-factors are clearly marked on the building plans or specifications. ❑ Insulation is installed according to manufacturer's instructions,in substantial contact with the surface being insulated,and in a manner that achieves the rated R-value without compressing the insulation. Duct Insulation: ❑ Ducts are insulated per Table 6106.4.4.3. Duct Construction: ❑ All accessible joints,seams,and connections of supply and return ductwork located outside conditioned space,including stud bays or joist cavities/spaces used to transport air,are sealed using mastic and fibrous backing tape installed according to the manufacturer's installation instructions.Mesh tape may be omitted where gaps are less than 118 inch.Duct tape is not permitted. ❑ The HVAC system provides a means for balancing air and water systems. Temperature Controls: ❑ Thermostats exist for each separate HVAC system.A manual or automatic means to partially restrict or shut off the heating and/or cooling input to each zone or floor is provided. Project Title:COAKLEY RESIDENCE Report date:05/16/08 Data filename:M:120081Res-Check1280095.rck Page 3 of 5 Heating and Cooling Equipment Sizing: Rated output capacity of the heating/cooling system is not greater than 125%of the design load as specified in Sections 780CMR 6106.4. Circulating Hot Water Systems: Circulating hot water pipes are insulated to the levels in Table 1. Swimming Pools: ❑ All heated swimming pools have an on/off heater switch and a cover unless over 20%of the heating energy is from non-depletable sources.Pool pumps have a time clock. Heating and Cooling Piping Insulation: HVAC piping conveying fluids above 120 degrees F or chilled fluids below 55 degrees F are insulated to the levels in Table 2. I I PFS Corporation Northeast Region APPROVED j H Raup-3 5/27/08 Approval limited to Factory Built Portion I i Project Title:COAKLEY RESIDENCE Report date:05l16l08 Data filename: M:120081Res-Check1280095.rck Page 4 of 5 J Table 1:Minimum Insulation Thickness for Circulating Hot Water Pipes Insulation Thickness in Inches by Pipe Sizes Non-Circulating Runouts Circulating Mains and Runouts Heated Water Temperature("F) up to 111 Up to 1.25" 1.5"to 2.0" Over 2" 170-180 0.5 1.0 1.5 2.0 140-160 0.5 0.5 1.0 1.5 100-13D 0.5 0.5 0.5 10 Table 2.Minimum Insulation Thickness for HVAC Pipes Fluid Temp. Insulation Thickness in Inches by Pipe Sizes Piping System Types Range("F) 2"Runouts 1"and Less 1.25"to 2.0" 2.5"to 4" Heating Systems Low Pressure/Temperature 201-250 1.0 1.5 1.5 2.0 Low Temperature 120-200 0.5 1.0 1.0 1.5 Steam Condensate(for feed water) Any 1.0 1.0 1.5 2.0 Cooling Systems Chilled Water,Refrigerant and 40-55 0.5 0.5 0.75 1.0 Brine Below 40 1.0 1.0 1.5 1.5 NOTES TO FIELD:(Building Department Use Only) PF5 Corporal{.. Nortt-t Regie" APPROVED N Raap-3 Sf17,'BB ' Fanny BWh Pmtkm Project Title:COAKLEY RESIDENCE Report date:05/16/08 Data filename: M:120081Res-Check1280095.rck Page 5 of 5 Il e./fLP� �GiJIZ�JZP! z 4 ( / Thomas G. atner Commissioner s Deval L.Patrick � � D �0��6�� GaryChi P.E. airman Governor Timothy P.Murray ,���S�'�3i v Sandy MacLeod Lieutenant Governor Vice Chairman Kevin M.Burke Robert Anderson /Secretary /, _ Administrator �,� �;e April 23, 2007 Penn Lyon Homes Corporation Lamont Brown 195 Airport Road Selinsgrove, PA 17870 RE: RECERTIFICATION FOR 2007—2008 _Commonwealth of Massachusetts Manufactured Buildings Program MC #: 020 TPIA#: 02 To Whom It May Concern: This letter is to confirm your recertification in the Commonwealth of Massachusetts Manufactured Buildings Program as a producer of Manufactured Buildings for the period of May 1, 2007 through April 30, 2008. This approval is contingent upon compliance with all previously listed conditions of your approval, and compliance with the provisions of the current Massachusetts State Building Code, Massachusetts State Electrical Code and Massachusetts State Plumbing and Gas Code. Yours truly, BOARD OF BUILDING REGULATIONS AND STANDARDS William H. Horrocks Director, Manufactured Buildings Program cc: Massachusetts Board of Examiners of Plumbers and Gas Fitters Massachusetts Board of Examiners of Electricians This correspondence has been issued from the Board of Building Regulations and Standards f 167 Lyman Street,Hadley Building,P.O. Box 1063,Westborough,MA 01581 CUSTOMBUILT COMES 1. 10 South St, Needham, Ma, 02492 (781.) 444-9067 ph. (781) 444-2551 fax georgeassociates(c 1,C[I.00111 CONSTRUCTION, SERVICES CONTRACT (?his Contract is between the contractor, DG 02, .Inc. d/bJa CUSTQMBUiI..T HUMFS, i()C,'ltfd at I IO'Suuth St. in Needham, Ma. 02492 (hereinafter referred to as DG) And Client Charles and Mary Jane Coakley Address: 25 First Way Barnstable, 'via. Phone and Email Contact .info: 617-680-4794 Project Address: same. i . This Contract and anv amendments thereto shall cotastitute the entire agreement between the parties. It contains the Modular Plans, Specification Sheets, Site flans, Schedule of Payments, Schedule of Allowances, Scope of Site Work and Limitations, other general provisions, and notice of legal rights and obligations. It is agreed that the client is hiring DO to undertake a construction program as herein defined. ?. Modular Plans: The attached modular plans must be approved by the client, initialed and dated, and attached hereto. 3. Specification ShceLs: If not shown on the Modular Plans, additional specifications shall be listed, initialed, dated and :attached. 4. I he Site Plan prepared by a licensed Surveyor should be attached. If it is not. available at the time of execution of this contract, then a sketch of the client's home drawn on the lot and initialed and dated by the client should he attached. 3. 'Ihe Schedule of Payments included herein must he initialed and dated. 6. The Schedule. of Allowances is for either unforeseen underground probler►is or for client material selections that will be purchased outside of this agreement. Initials: 7. The Scope of Site Work should list out tile. extent to which the client wishes the land to be landscaped, shaped, decorated, planted etc. S. DG will state construction within 30 flays of the issuance of the Building Permit, weather permitting. We anticipate that in most cases we will finish the project within 6 months after the issuance., of the final Building Permit.. 9. in consideration of the services set forth in this contract, the Client agrees to pay DO the additional sum of$201,000.00 plus permit lees. DG and Client agree that this contract amount shall not be revised or adjusted unless there is a delay in the issuance of a building pennit extending beyond 60 days from. application thereof to the applicable inspectional ervice; authority. DG shall make a good faith effort in obtaining said building permit.. 10. Aii payments made to DG for the work hereunder shall be in the form.of cash_ check, or wire transfer. However, payments for the delivery of the modules shall be made: by c.ertitied check either the night before their delivery or by an assignment of funds or letter of credit with the lending bank. Other payments (other than the one for the delivery of the modules) shall be made within two business days of verbal and/or written notification of payments due. DG may in its sole discretion grant extensions. 11. The client shall use diligence in obtaaining-the necessary financing for tile payments due under this contract and further agrees to provide; lender's contact information (name. address, email address and phone number) and proof of funds availability within_ 10 days of the execution of this contract.after which modules will. be ordered. 12. The client agrees to pay all reasonable charges and costs levied by the modular manufacturer, transportation company, crane company and set crew for any postponements of or delays in the delivery and set of the modular twits that are attributed to the'chent's failure to secure any approval and permits and make any payments that are the. client's responsibility. 13. All disbursement checks shall be made payable to "ll( 02, lne." 1.4. Delays in making payments under the attached Schedule of Payments may result in interest charges accruing at the rate of 12% per annum until payment is made to DCT. The client shall be liable for DG's reasonable legal and collection fees. Failure ofthe client to meet the attached payment schedule i.s a material breach.of this contract for which T)G may seek to terminate this contract. 15. "Punch-List" walk through as stated in the Schedule of Payments is defined as follows: A top-to-bottom review of all aspects of'th.e construction in order to enunncrate items necessary to complete the PT ject so that the client can occupy and/or otherwise utilize the project for its intended -use. Warranty work for all aspects of this project will be considered outside of the punch list, but will be attended to as requested. Initials: IL) 16. The client or its agent shall have three. (3) business days from the date of notification by D0 that a Stake of Construction has been completed to inspect the work. if the inspection by the Client or its agent has not been completed within the three days, the Client waives its right to inspect, and DG will be paid according to the Schedule of Payments attached hereto. This time requirement may be extended in the event the lender has been dclaved for due cause in conducting their required inspections and subsequently delaying construction fund disbursements. 17. DG shall maintain in force Worker's Compensation and General Liability Insurance.. DG shall also purchase Builder's Risk insurance for this project. DG will ftunish' appropriate Certificates of Insurance thru its agent covering such policies as requested in writing. All subcontractors will be required to carry their own Liability and Worker's Comp, cnsation Insurvice. 18. DG and the Client will together secure the necessary permits and licenses as required by the local and state codes and ordinances for this project. If the Client has in advance of the work obtained any approvals, easements, assessments or other permits from any Federal, State and/or local governing authority for construction, use or occupancy, then these shall be delivered to DG prior to application for the building permit. 19. DG and Client acknowledge that the actual dates for the construction may vary or he extended for reasons beyond DG's control, "force majeure", receipt of equipment and/or materials delivered to the construction site, or by changes ordered in the work by the Client, or by work performed under the direction of the Client. DG agrees that as delays become known, DG will notify the Client with an explanation of the cause of the delay. 20. Subcontractors shall be solely selected by DG. DG shall not be required to employ any subcontractor to.whom DO has a reasonable obiection. The Client shall not employ other subcontractors on the construction site without the written permission of Mi. 21 . The Client shall coordinate any work not awarded to DG so as not to impede DG's work progress. The Client shall allow DG and any subcontractors to store materials ;und equipment on the work site. The Client shall provide adequate and safe access to the. premises. 22. DG shall pay any and all sales, use and other taxes related to the construction work where applicable, and shall secure the permits, submit fees and licenses necessary for the delivery of the modular units. DG shall coordinate deliveries to.the building site and the setting of all structures covered under this agreement, in accordance with the applicable State and Local Building,Codes. DG shall supervise and direct the work as per this contract.. DG Shall provide and/or pay for all labor, materials, equipment transportation and other good and services necessary for the proper execution and completion of the work specified under this contract. All materials, unless otherwise specified, shall be DG's standard grade. All work shall he performed by DO tinder this contract shall be done in a workmanlike manner. Initials ,!C' ' 23. The Client authorizes the work to be perfonned as specified and payT<lents will be made per this contract.*The Client represents and warrants that he./she iti the Owner of the Project Site, 24. DG shall comply with applicable rules, regulations, ordinances, and orders of laws of Federal, State, Cottnty, or Local government. 25. The Client may authorize changes, additions, or modifications provided that they do not unduly delay the prosecution of the work. Such changes, in order to be accepted by DG, must be written and signed by both the Client and DG. DG shall provide a written quote for the costs resulting from the changes ordered. Client shall acknowledge by his signature that the work is to be performed, and agrees that he/she shall be responsible for the additional cost as if it was part of the original cost of the Project. Payment(s) due under the change order shall be made at the signing of the change. order. 26, DG will use reasonable efforts to discover any hidden or unknown conditions prior to the commencement of construction. Any hidden conditions not reasonably discoverable prior to construction which in any way interfere with the safe and satisfactory comrltcncemcnt or completion of the work will be corrected at the additional expense to the Client. DG will submit a Work Order documenting the costs of repairing or otherwise curing such hidden defects. Payments or arrangement there to for Work Orders must be completed prior to the commencement of the work. 27. This contract will he governed by die General 1,aws of the Commonwealth of' Ma-,sachusetts. The invalidity of one or more phrases, sentences, clauses or articles, in this Contract shall not affect the remaining portions of the Contract. 28. The submission of this document for examination does not constitute an offer to contract or a reservation of, or option for DG. This document shall become effective and binding only upon the execution and delivery hereof by DG and Client, and until such execution and delivery DG shall not in any way be bound to enter into a Contract with Client. 29. DG reserves the right to display its sign in front of the house in clear view of the road, from the date of this contract, until the completion of the project. 30. DC has the right to immediately suspend all work activities and refuse to continue the work for any payment not received when due. if Client fails to secure the necessary approvals, easements, assessments or permits as may be required by Federal, State or local governing bodies for construction, all work will be suspended until the.'approvals, easements, assessments or other permits have been obtained and delivered to DO. Initials: 30 (cont.) DG shall promptly inform the Client of this suspension. All parties agree that any delays arising from the suspension of work activities will extend the completion date of the project. DG shall notify the Client of the revised completion date. DG re:ser,,es the right to immediately terminate the contract for any payment not received when due. DG may terminate the contract should the Client or any of the Client's agents perform unauthorized work. In the event of any breach of contract by the Client, DG may terminate the Contract by giving the Client five (5) business days written notice of termination. The Client will have five(5) business days from receipt of Notice of "Termination to address and remedy those reasons as stated in DG's letter of termination. Any and all payments made by Client to DG prior to termination are non-refundable. DG may recover from Client as damages including but not limited to the value of all work executed and for any proven loss sustained upon, wages, materials, equipment, tools, construction equipment and machinery, subcontractors costs, reasonable Attorney's fees and costs and charge of 20% for overhead and profit. Should the Client decide to terminate the contract, DG must be notified in writing. Written notice must be given to DG ten (10) days prior to termination and must state all deficiencies for which the Client is terminating the contract. DG shall have ten (10) business days to present to the Client a reasonable plan to resolve those deficiencies as tated in the Clients letter of termination. Should DG not remedy the deficiencies as per the plan,the Client may take possession of the site and may finish the work by whatever means the Client deem expedient under the circumstances. The giving of"Notice of"Termination" is not Necessarily justification for termination, and DG may pursue action against the Client for his/her failure to comply with the terms of the contract. In the event the Client does not obtain eonstniction financing, and having provided written proof of this event to DG the contract is terminated. The Client and DG agree to execute a mutual release of liability agreement within 30 days of the Client's rejection. All payments made to DG prior to termination due to the inability of the Client to obtain construction financing are non-refundable. 31. The parties agree that all claims and disputes which. arise from this Contract, plans, building specifications and additional work authorizations shall be resolved in the following order: Initials- • First, DG shall be given notice in writing immediately of any claim against the Client for which the Client claims that DG is responsible. DG will be afforded the opportunity to defend itself against., pay or settle :iuch claim directly with tltc claimant before the Client makes any payment or settlement with the claimant, • Second, the Client shall be given notice in writing Immediately of any claim against Client for which DG' claims that Client is responsible. The Client will be. afforded the opportunity to defend against, pay or settle such claim directly with claimant before DG makes any payment or settlement with the claimant. • Third, the parties shall submit any Unresolved claim or dispute to a mutually agreed upon mediator who shall attempt to resolve any claim or dispute. • Fourth, in the event either party is not satisfied with the results of the Mediation. then the claim and dvtipute shall be resolved by the Construction Industry Arbitration Rules of the American Arbitration Association. The decision of the Arbitrator shall be binding and final as to all parties. Fifth, all costs associated with securing the services of Mediator and Arbitrator shall be equally borne by DGY and Client. • Sixth, DG retains the right to file a "Notice of Contract" or other"Lien" documents or instruments in the amount of the: contract price with the applicable legal authority. (.)Pon receipt of all payments due DO, Dg shall deliver, within business days, the "Release of Lien Certificate". 32. If during the contract or warranty period the Client or Client's agent performs work. that negatively affects DG's work, service or pfoducts, the warranty may be terminated by DG. All warranties shall be immediately terminated upon the contract's termination. The warranty period for the modular home is for 1 year after its delivery date, DG shall tic liable for service, repair and adjustment for 1 year after the issuance" the Certificate Of Occupancy for all work it performed under this contract. All warranties for equipment supplied by DG under this contract shall be those given by the manufacturers cif the equipment. Such manufacturers' warranties may require the (::lient to register or mail in a warranty card or other evidence of ownership and the use of such equipment in order to activate such warranties, The. Client's failure to mail in or register such documentation, which failure voids the manufacturers warranty shall not create any responsibility or liability to DG to warranty such equipment. All requests for adjustments. service, repair or replacement, not covered by the manufacturer warranty must be made by the Client, in writing, and received at DG's Place of business within the warranty period. The choice of repair or replacement shall be at the sole discretion of DG. DG is not liable for damrtge or loss of use because of' product failure. A!i warranties pursuant to this Contract are non-transferable and apply only to the original Client. In case of a warranty and service claim, see Addendum A. Initials- %/ ' 33. An "Allowance" is a certain suits of money, which has been allocated and will be applied towards the expense of a work activity or product(s) for which exact specification, plans, details or casts have not or can not yet be ascertained at the time of the contract. The "Allowance", unless otherwise stated, is included in the contract amount. Should the actual cost for the Allowance work exceed the Allowance amount itself. the Client agrees that they shall be responsible for this fee as if it were part of the original cost of the contract. Payment shall be due upon receipt of DG's invoice to Client. Should the actual cast of the Allowance work be less than the allowance, DG shall credit the overage. A fee of 24% may be added to all amottnts over the Allowance as - compensation to DG for coordination of the work activity or purchase of the product. For the purposes of the Payment Schedule, the phrase "Stage of Construction" is clef ined as that moment in time when the described work activities have been "substantially completed" and/or materials purchased by DG, its employees and all subcontractors. Substantially completed is defined as the stage in the progress of the work when the project work is sufficiently complete in accordance with the contract documents so that the Client can occupy or utilise the Project area for its intended use. The phrase, "Punch List Walk Through" is defined as a project walk through by the Client and DG in order to obtain agreement of all work area items not completed. A Punch List signed by the parties, detailing those areas of work will he prepared from this inspection so that all parties have a clear understanding of the work remaining under the contract. 34. The Client may cancel this agreement if it has been signed by a party hereto at a place other that of an address of DG. The Client must notify DG in writing at its main office identified at the beginning of this agreement by ordinary mail, posted, by telegram sent, or by delivery not later than midnight of the third business day following the signing of this agreement. ���-�\Signed as a sealed instrument this day of -�'c•�" , 20 61 Client• d Al Address: _7�'( C'l- n DG 02, Inc.: I x , Title _.,: ,: DG 02�INC. HOME SPECS 25 FIRS'r WAY BARNSTABLE MA. As of February 9, 2008 Basic Home: 28'x32' Cape with a 27' shed dorTner on the Icfl side and with the gable end facing the street. The oversized one car garage has framing to allow a second floor room which would he to the left against the shed dormered wall with a fire-rated door going into the houtie. The home would be, unfinished up, have one % haths, white cedar shingle siding with Azek or equivalent trim, 30 year architectural roofing shingles, white tilt-in windows with screens and exterior grids per historical committees requirements, kitchen cabinetry and countertop per plan, Berber carpet in the study and living room, oak flooring in master bedroom and ceramic tile over durock elsewhere. Tub/shower is one piece fiberglass, soaking tub, one toilet-elongated and one regular, and vanity tops are Kerrico faux marble. Hot water is built into the garage. The heating system is in the upper level. A,tt air conditioning coil and Freon lines arc extra. A 200 amp service included along with the wiring per the house plans. Gutters are included with down pipes over aluminum fascia and vinyl soffit, but landscaper must put the down pipes into drywells per conservation commission requirements. A covered front porch and a rear stoop are included. There is Gas, Sewer, Water, Tel, Flee, and CATV available to the property. These will be hooked up to the home. Electric, Cable and Telephone will be installed overhead. The property is in a flood cone, so no basement can be built. Conservation will require a landscape plan and drywells for the roof leaders (as mentioned above). CONTRACT AUOWANCES MATERIALS PROVIDED BY CLIENT Appliances provided by client and installed by DG to included Range and Dishwasher. If Washer and Dryer are delivered before sub-contractors leave project, then DG will install these also. Flooring in .Master Bedroom to be prefinished Oak. Ceramic tilt to be provided by DG and installed by client. Carpet to be purchased and installed by '0G. Allowance is $30.00/vd. Garage door to be equipped with a remote control operator. Door to be raised panel steel embossed outside. Decking is to be 5/4 pressure treated decking and 2"x$"joists with PT rails. SCOPE OF SITE WORK All landscaping, walkways, driveways, drywells, shrubs and seeding are to be the responsibility of the Client.. However since the building codes and Conservation commission require q e this to be done before an occupancy permit is issued, then client acknowledges that he/she will work diligently to perform this work. if any delays occur and affect DG in any way, the client will hold DG harmless from any actions or issue a letter of discharge to DG so that DQ will be removed from the permitting responsibility. SCHEDULE OF PAYMENTS MR. AND MR.S. COAKLEY Plan and Engineering Deposits (paid as of today) $3500.00 Construction and Modules Deposit 35000,00 Foundation and Ground Work Complete: 20000.00 Delivery of Modular Home to Curb: 85000.00 Exterior Siding,/Trim Complete: 20000.00 Plumbing hooked up: 7000.00 Electric hooked up; 1.0000.00 Fleat Completed: 8000.00 Flooring Completed: 6000.00 Inter ior Trim Completed: 4000.00 Punch List Walk Through and Occ. Permit: 3000.00 Total Contract Amount: 198,000.00 Permit Fees are to be> . aid as I . ov them REScheck Software Version 4.1.0 0%0 OF NA `tiN��u1N!►uq�'' Compliance Certificate �aU T cyG °`�'Co TOl � STD 41131 � APp��VF�I.���t�fl�TlO� Project Title: 07-068 Fj0.CT � o FCHAN� Report Date:07/10/07 NA\.��ese�`�` Data filename: R:\Residential Projects\2007_Series\000's\07-068\07-068 RESCHECK.rckJUL APPROVED Energy Code: Massachusetts Energy Code P FS CORP Location: Barnstable,Massachusetts Construction Type: 1 or Family, Detached JUL 9 2007 Heating Type: Other(Non-Electric Resistance) - Glazing Area Percentage: 13% Heating Degree Days: 6137 APPROVAL LIMITED TO FACTORY BUILT PORTION, Construction Site: Owner/Agent: Designer/Contractor: 'L BARNSTABLE,MA 02630 COAKLY II PENN LYON HOMES DG02 SELINSGROVE,PA 17870 777 7 y�.t*•'�.�: .- Maximum UA: 326 Your Home UA:293=10.1%Better Than Code Ceiling 1:Flat Ceiling or Scissor Truss `' 372 30.0 0.0 13 SLOPED CEILING:Cathedral Ceiling(no attic) 76 30.0 0.0 3 COLLARTIE:Cathedral Ceiling(no attic) 481 30.0 0.0 16 CAPE COLLAR TIE:Cathedral Ceiling(no attic) 50 30.0 0.0 2 DORMER CEILING:Flat Ceiling or Scissor Truss 54 30.0 0.0 2 GARAGE CEILING:Flat Ceiling or Scissor Truss 235 30.0 0.0 8 GARAGE SLOPED CEELING:Cathedral Ceiling(no attic) ti 173 30.0 0.0 6 GARAGE COLLARTIE:Cathedral Ceiling(no attic) 78 30.0 0.0 3 Wall 1:Wood Frame, 16"o.c. 278 19.0 0.0 13 Window 1:Metal Frame:Double Pane with Low-E r 62 0.340 21 KNEE WALLS:Wood Frame: 16"o.c. 175 19.0 0.0 11 SHED WALL:Wood Frame,16"o.c. li 213 19.0 0.0 13 DORMER WALLS:Wood Frame,16"o.c. 125 19.0 0.0 6 Window 2:Metal Frame with Thermal Break:Double Pane with 31 0.340 11 Low-E 1ST FLOOR WALLS:Wood Frame,16"o.c. 953 19.0 0.0 46 Window 3:Metal Frame:Double Pane with Low-E f 145 0.350 51 Door 1:Solid 42 0.160 7 GARAGE GABLE WALL:Wood Frame,16"o.c. 109 19.0 0.0 6 Window 4:Metal Frame:Double Pane with Low-E 16 0.350 6 GARAGE KNEEWALLS:Wood Frame,16"o.c. "i 115 19.0 0.0 7 Floor 1:All-Wood Joist/Truss:Over Unconditioned Space 883 19.0 0.0 42 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 Massachusetts Energy Code requirements in REScheck Version 4.1.0 and to comply with the mandatory requirements listed in the REScheck Inspection Checklist. 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 125%of the design load as specified in Sections 780CMR 1310 and J4.4. Name-Title Signature Date 07-068 Page 1 of 5 M Z REScheck Software Version 4.1.0 Inspection Checklist Date:07/10/07 Ceilings: ❑ Ceiling 1:Flat Ceiling or Scissor Truss,R-30.0 cavity insulation Comments: ❑ SLOPED CEILING:Cathedral Ceiling(no attic),R-30.0 cavity insulation Comments: ❑ COLLARTIE:Cathedral Ceiling(no attic),R-30.0 cavity insulation Comments: ❑ CAPE COLLAR TIE:Cathedral Ceiling(no attic),R-30.0 cavity insulation Comments: ❑ DORMER CEILING:Flat Ceiling or Scissor Truss,R-30.0 cavity insulation Comments: ❑ GARAGE CEILING:Flat Ceiling or Scissor Truss,R-30.0 cavity insulation Comments: ❑ GARAGE SLOPED CIELING:Cathedral Ceiling(no attic),R-30.0 cavity insulation Comments: ❑ GARAGE COLLARTIE:Cathedral Ceiling(no attic),R-30.0 cavity insulation Comments: Above-Grade Walls: ❑ Wall 1:Wood Frame,16"o.c.,R-19.0 cavity insulation Comments: ❑ KNEE WALLS:Wood Frame, 16"o.c.,R-19.0 cavity insulation Comments: ❑ SHED WALL:Wood Frame,16"o.c.,R-19.0 cavity insulation Comments: ❑ DORMER WALLS:Wood Frame,16"o.c.,R-19.0 cavity insulation Comments: ❑ 1ST FLOOR WALLS:Wood Frame,16"o.c.,R-19.0 cavity insulation Comments: ❑ GARAGE GABLE WALL:Wood Frame,16"o.c.,R-19.0 cavity insulation APPROVED Comments: ❑ GARAGE KNEEWALLS:Wood Frame,16"o.c.,R-19.0 cavity insulation JUL r 9 Z007 Comments: 6 Windows: APPROVAL �Ultsf�A�'�IONPROVAL LIMITED TO ❑ Window 1:Metal Frame:Double Pane with Low-E,U-factor:0.340 FA� For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break? Yes No Comments: ❑ Window 2:Metal Frame with Thermal Break:Double Pane with Low-E,U-factor:0.340 07-068 Page 2 of 5 r T For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break? Yes No Comments: ❑ Window 3:Metal Frame:Double Pane with Low-E,U-factor:0.350 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break? Yes No Comments: ❑ Window 4:Metal Frame:Double Pane with Low-E,U-factor:0.350 APPROVED For windows without labeled U-factors,describe features: PFS COOP #Panes Frame Type Thermal Break? Yes No Comments: JUL - 9 z091 Doors: API'Ia9YAl4 i I .I ' Q TO _ Aft _ ❑ Door 1:Solid,U-factor:0.160 Comments: Floors: ❑ Floor 1:All-Wood JoistlTruss:Over Unconditioned Space,R-19.0 cavity insulation Comments: Air Leakage: ❑ Joints,penetrations,and all other such openings in the building envelope that are sources of air leakage are sealed. ❑ When installed in the building envelope,recessed lighting fixtures#meet one of the following requirements: 1• Type IC rated,manufactured with no penetrations between the inside of the recessed fixture and ceiling cavity and sealed or gasketed to prevent air leakage into the unconditioned space. 2• Type IC rated,in accordance with Standard ASTM E 283,with no more than 2.0 cfm(0.944 Us)air movement from the the conditioned space to the ceiling cavity.The lighting fixture has been tested at 75 PA or 1.57 Ibs/ft2 pressure difference and shall be labeled. Vapor Retarder: ❑ Installed on the warm-in-winter side of all non-vented framed ceilings,walls,and floors. Materials Identification: ❑ Materials and equipment are identified so that compliance can be determined. ❑ Manufacturer manuals for all installed heating and cooling equipment and service water heating equipment have been pro•✓ided. ❑ Insulation R-values and glazing U-factors are clearly marked on the building plans or specifications. ❑ Insulation is installed according to manufacturer's instructions,in substantial contact with the surface being insulated,and in a manner that achieves the rated R-value without compressing the insulation. Duct Insulation: ❑ Ducts are insulated per Table J4.4.7.1. Duct Construction: ❑ All accessible joints,seams,and connections of supply and return ductwork located outside conditioned space,including stud bays or joist cavities/spaces used to transport air,are sealed using mastic and fibrous backing tape installed according to the manufacturer's installation instructions.Mesh tape may be omitted where gaps are less than 1/8 inch.Duct tape is not permitted. ❑ The HVAC system provides a means for balancing air and water systems. Temperature Controls: ❑ Thermostats exist for each separate HVAC system.A manual or automatic means to partially restrict or shut off the heating and/or cooling input to each zone or floor is provided. Heating and Cooling Equipment Sizing: ❑ Rated output capacity of the heating/cooling system is not greater than 125%of the design load as specified in Sections 780CMR 1310 and J4.4. Circulating Hot Water Systems: 07-068 Page 3 of 5 i� Circulating hot water pipes are insulated to the levels in Table 1. Swimming Pools: Fj All heated swimming pools have an on/off heater switch and a cover unless over 20%of the heating energy is from non-depletable sources.Pool pumps have a time clock. Heating and Cooling Piping Insulation: ❑ HVAC piping conveying fluids above 120 degrees F or chilled fluids below 55 degrees F are insulated to the levels in Table 2. E EDP 007T>�D TOOPTIQ `` 07-068 Page 4 of 5 L F f 7 Table 1:Minimum Insulation Thickness for Circulating Hot Water Pipes Insulation Thickness in Inches by Pipe Sizes Non-Circulating-Runouts Circulating Mains and Runouts Heated Water Temperature(°F) Up to 1" Up to 1.25" 1.5"to 2.01, Over 2" 170-180 0.5 1.0 1.5 2.0 140-160 0.5 0.5 1.0 1.5 100-130 0.5 0.5 0.5 1.0 Table 2:Minimum Insulation Thickness for HVAC Pipes Fluid Temp. Insulation Thickness in Inches by Pipe Sizes Piping System Types Range(°F) 2"Runouts 1"and Less 1.25'to 2.0" 2.5'to 4" Heating Systems Low Pressure/Temperature 201-250 1.0 1.5 1.5 2.0 Low Temperature 120-200 0.5 1.0 1.0 1.5 Steam Condensate(for feed water) Any 1.0 1.0 1.5 2.0 Cooling Systems Chilled Water,Refrigerant and 40-55 0.5 0.5 0.75 1.0 Brine Below 40 1.0 1.0 1.5 1.5 NOTES TO FIELD:(Building Department Use Only) FAPPROVED CORP 9 2007 APPROM,WIMP TO 44MMS'L IM ., 07-068 Page 5 of 5 lJ Multi-Loaded Beamr 2006 International Residential Code (05 NDS)1 Ver. 7.01.12 By: Matt Ross , Penn Lyon Homes Corporation on: 07-03-2007 : 1:28:53 PM Proiect: 07-068M- Location: HDR2(P1 = RCB1 & P2= RCB2) Summary: (3) 1.5 IN x 7.25 IN x 6.0 FT /Gang Lam-2950 Fb-2E Custom-Louisiana Pacific.—Custom Section Adequate By: 58.1% Controlling Factor: Section Modulus/Depth Required 5.77 In Laminations are to be fully connected to provide uniform transfer of loads to all members Center Span Deflections: Dead Load: DLD-Center— 0.07 IN Live Load: LLD-Center— 0.06 IN =U1163 Total Load: TLD-Center— 0.14 IN = U532 Center Span Left End Reactions(Support A): Live Load: LL-Rxn-A= 1138 LB Dead Load: DL-Rxn-A= 1362 LB Total Load: TL-Rxn-A= 2500 LB Bearing Length Required (Beam only, support capacity not checked): BL-A= 0.54 IN Center Span Right End Reactions(Support B): Live Load: LL-Rxn-B= 1138 LB Dead Load: DL-Rxn-B= 1362 LB Total Load: TL-Rxn-B= 2500 LB Bearing Length Required (Beam only, support capacity not checked): BL-B= 0.54 IN Beam Data: Center Span Length: L2= 6.0 FT Center Span Unbraced Lenqth-Top of Beam: Lu2-Top= 0.0 FT Center Span Unbraced Length-Bottom of Beam: Lu2-Bottom= 6.0 FT Live Load Duration Factor: Cd= 1.15 Live Load Deflect. Criteria: U 360 Total Load Deflect. Criteria: U 240 Center Span Loading: Uniform Load: Live Load: wL-2= 0 PLF Dead Load: wD-2= 0 PLF Beam Self Weight: BSW=. 10 PLF Total Load: wT-2= 10 PLF Point Load 1 Live Load: PL1-2= 1921 LB Dead Load: PD1-2= 2072 LB Location (From left end of span): X1-2= 3.0 FT Point Load 2 Live Load: PL2-2= 355 LB Dead Load: PD2-2= 594 LB Location (From left end of span): X2-2= 3.0 FT Properties For: Gang Lam-2950 Fb-2E Custom-Louisiana Pacific--Custom Bending Stress: Fb= 2950 PSI Shear Stress: Fv= 290 PSI Modulus of Elasticitv: E= 2000000 PSI Stress Perpendicular to Grain: Fc—perp= 1020 PSI Adjusted Properties Fb'(Tension): Fb'= 3588 PSI Adjustment Factors: Cd=1.15 CF=1.06 Fv': Fv'= 334 PSI Adjustment Factors: Cd=1.15 Design Requirements: Controlling Moment: M= 7456 FT-LB 3.0 Ft from left support of span 2(Center Span) Critical moment created by combining all dead loads and live loads on span(s)2 Controlling Shear: V= 2494 LB At a distance d from right support of span 2 (Center Span) Critical shear created by combining all dead loads and live loads on span(s)2 Comparisons With Required Sections: Section Modulus (Moment): Sreq= 24.94 IN3 S= 39.42 IN3 Area (Shear): Areq= 11.22 IN2 APPROVAL LIMITED T( Moment of Inertia (Deflection): � = 64.50 IN4 FACTORY BUILT PORTION IreqI= 164.50 IN4 3 JUL "°E /// Zk10F MA3$' ''�, APPROVED •°' `�� KURT Gs''•o P]FS CORP A. a� RG U ST Jul. 0 9 1007 o.411.31 P�'� ;� APPROVAL LIMITED TO HAS :cd ., FACTORY BUILT PORTION i� Multi-Loaded Beam[2006 International Residential Code(05 NDS)]Ver: 7.01..12 By: Matt Ross , Penn Lyon Homes Corporation on:07-03-2007 Project: 07-068M Location: HDR2(P1 =RCB1 &P2=RCB2) Summary: (3) 1.5 IN x 7.25 IN x 6.0 FT /Gang Lam-2950.Fb-2E Custom-Louisiana Pacific—Custom Section Adequate By: 58.1% Controlling Factor: Section Modulus/Depth Required 5.77 In SHEAR,MOMENT,AND DEFLECTION DIAGRAMS Load combination shown: Controlling Shear/Moment/Deflection Diagrams 3000 2500 Ibs @ 0 ft. 1500 Shear (Ibs) 0 .-1500 -3000 -2500 Ibs @ 6 ft 8000 7456 ft-Ibs @ 3 ft 4000 Moment (ft-lb) 0 -4000 -8000 -0.2 -0.1 Deflection (in) 0 0.1 0.2 -- 0.135in@3ft Center Span =6 ft Controlling Load Cases: Shear:Critical shear created by combining all dead loads and live loads on span(s)2 Moment: Critical moment created by combining all dead loads and live loads on span(s)2 Deflection:Critical deflection created-by combining all dead loads and live loads on span(s)2_ LOADING DIAGRAM P 12 ' t A B Center Span =6 ft Reactions - Live Load Dead Load Total Load Uplift Load A 1138 Lb I 1362 Lb 12500 Lb' 0 Lb B 1138 Lb 1362 Lb 12500 Lb 0 Lb Center'Span' I _ n Y Page 2 Uniform Loading Live Load Dead Load Self Weight Total Load W 0 Plf 0 Plf 10 Plf 10 Plf Point Loading Live Load Dead Load Location Pi 1921 Lb 2072 Lb 3 Ft P2 355 Lb 594 Lb 3 Ft APPROVED PFS COMP JUL a 9 2007 APPROVAL LIMITED TO FACTORY BUILT PORTION i Multi-Loaded Beam[2006 International Residential Code(05 NDS)1 Ver. 7.01.12 By: Matt Ross , Penn Lyon Homes Corporation on: 07-05-2007 : 10:54:03 AM Project: 07-068M-Location: HDR4 @ BUMPOUT Summary: 1.5 IN x 7.25 IN x 9.0 FT /#2-Spruce-Pine-Fir- Dry Use Section Adequate By: 17.7% Controlling Factor: Section Modulus/Depth Required 6.68 In Center Span Deflections: Dead Load: DLD-Center— 0.12 IN Live Load: LLD-Center— 0.13 IN = U827 Total Load: TLD-Center— 0.25 IN = U440 Center Span Left End Reactions(Support A): Live Load: LL-Rxn-A= 265 LB Dead Load: DL-Rxn-A= 234 LB Total Load: TL-Rxn-A= 499 LB Bearing Length Required (Beam only, support capacity not checked): BL-A= 0.78 IN Center Span Right End Reactions (Support B): Live Load: LL-Rxn-B= 265 LB' Dead Load: DL-Rxn-B= 234 LB Total Load: TL-Rxn-B= 499 LB Bearing Length Required (Beam only, support capacity not checked): BL-B= 0.78 IN Beam Data: Center Span Length: L2= 9.0 FT Center Span Unbraced Length-Top of Beam: Lu2-Top= 0.0 FT Center Span Unbraced Length-Bottom of Beam: Lu2-Bottom= 9.0 FT Live Load Duration Factor: Cd= 1.15 Live Load Deflect. Criteria: U 360 Total Load Deflect. Criteria: U 240 Center Span Loading: Uniform Load: Live Load: wL-2= 59 PLF Dead Load: wD-2= 50 PLF Beam Self Weight: BSW= 2 PLF Total Load: wT-2= 111 PLF Properties For:#2-Spruce-Pine-Fir Bending Stress: Fb= 875. PSI Shear Stress: Fv= 135 PSI Modulus of Elasticity: E= 1400000 PSI Adjusted Modulus of Elasticity: E-Min= 510000 PSI Stress Perpendicular to Grain: Fc_p 425 PSI Adjusted Properties Fb'(Tension): Fb'= 1208 PSI Adjustment Factors:Cd=1.15 CF=1.20 i Fv': Fv'= 155 PSI Adjustment Factors: Cd=1.15 Design Requirements: Controlling Moment: M= 1124 FT-LB 4.5 Ft from left support of span 2 (Center Span) Critical moment created by combining all dead loads and live loads on span(s)2 Controlling Shear: V= 439 LB At a distance d from left support of span 2(Center Span) Critical shear created by combining all dead loads and live loads on span(s)2 Comparisons With Required Sections: Section Modulus(Moment): Sreq= 11.17 IN3 S= 13.14 IN3 Area (Shear): Areq= 4.25 IN2 A= 10.88 IN2 Moment of Inertia(Deflection): Ireq= 26.00 IN4 1= 47.63 IN4 APPROVAL LIMITED TO e�®`9aoeyBOItBDCP�Oe FACTORY STILT PORTION QF � �'���, K T cy�" JUL 13 487, U.R � � STEN3 G N 1131 ��` ,, APPR �� OVED , PFS CORP ... JUL 0 9 2007 APPROVAL LIMITED TO FACTORY BUILT PORTION Multi-Loaded Beam[2006 International Residential Code(05 NDS)]Ver. 7.01.12 By: Matt Ross Penn Lyon Homes Corporation on: 07-05-2007 Project: 07-068M-Location: HDR4 @ BUMPOUT Summary:- 1.5 IN x 7:25 IN x 9.0 FT /#2-Spruce-Pine-Fir- Dry Use „ `Section Adequate By: 17.7% Controlling Factor: Section Modulus/Depth Required 6.68 In SHEAR, MOMENT,AND DEFLECTION DIAGRAMS Load combination shown: Controlling Shear/Moment/Deflection Diagrams 500 499 Ibs @ O ft 250 Shear (Ibs) '0 -250 -500 -499 Ibs @ 9 ft 2000 1124 ft-Ibs @ 4 ft 1000 Moment (ft-lb)0 -1000 5 -2000 -0.3 -0.15 Deflection in 0 0.15 77� 0.3 0.246 in @ 4.5 ft Center Span =9 ft Controlling Load Cases: Shear: Critical shear created by combining all dead loads and live loads on span(s)2 Moment: Critical moment created by combining all dead loads and live loads on span(s)2 - « Deflection: Critical deflection created by combining all dead loads and live loads on span(s)2 LOADING DIAGRAM JIL A B Center Span.=9 ft Reactions. , Live Load Dead Load Total Load Uplift Load A 265 Lb 234 Lb 499 Lb _ 0 Lb B 265 Lb 234 Lb 499 Lb "0 Lb Center Span < Uniform Loading Live`Load t,Dead Load Self Weight Total Load W 59 Plf 50 Plf _ 2 Plf 111 Plf i Multi-Loaded Beam(2006 International Residential Code(05 NDS)1 Ver.7.01.12 By: Matt Ross , Penn Lyon Homes Corporation on:07-03-2007 : 1:28:51 PM Proiect: 07-068M-Location: HDR1 (P1 = RCB1 & P2 =RCB2) Summary: (3) 1.5 IN x 9.25 IN x 3.0 FT /#2-Spruce-Pine-Fir-Dry Use Section Adequate By:29.9% Controlling Factor:Area/Depth Required 7.91 In I *Laminations are to be fully connected to provide uniform transfer of loads to all members Center Span Deflections: Dead Load: DLD-Center— 0.01 IN Live Load: LLD-Center— 0.01 IN=U4826 Total Load: TLD-Center= 0.02 IN= U2320 Center Span Left End Reactions(Support A): Live Load: LL-Rxn-A= 1595 LB Dead Load: DL-Rxn-A= 1727 LB Total Load: TL-Rxn-A= 3321 LB Bearing Length Required (Beam only, support capacity not checked): BL-A= 1.74 IN Center Span Right End Reactions (Support B): Live Load: LL-Rxn-B= 1595 LB Dead Load: DL-Rxn-B= 1727 LB Total Load: TL-Rxn-B= 3321 LB Bearing Length Required (Beam only, support capacity not checked): BL-B= 1.74 IN Beam Data: Center Span Length: L2= 3.0 FT Center Span Unbraced Lenqth-Top of Beam: Lu2-Top= 0.0 FT Center Span Unbraced Length-Bottom of Beam: Lu2-Bottom= 3.0 FT Live Load Duration Factor: Cd= 1.15 Live Load Deflect. Criteria: U 360 Total Load Deflect. Criteria: L/ 240 Center Span Loading: Uniform Load: Live Load: wL-2= 0 PLF Dead Load: wD-2= 0 PLF Beam Self Weight: BSW= 8 PLF Total Load: wT-2= 8 PLF Point Load 1 Live Load: PL1-2= 2691 LB Dead Load: PD1-2= 2717 LB Location (From left end of span): X1-2= 1.5 FT Point Load 2 Live Load: PL2-2= 498 LB Dead Load: PD2-2= 714 LB Location (From left end of span): X2-2= 1.5 FT Properties For:#2-Spruce-Pine-Fir Bending Stress: Fb= 875 PSI Shear Stress: Fv= 135 PSI Modulus of Elasticity: E= 1400000 PSI Adjusted Modulus of Elasticity: E-Min= 510000 PSI Stress Perpendicular to Grain: Fc—perp= 425 PSI Adjusted Properties Fb' (Tension): Fb'= 1273 PSI Adjustment Factors: Cd=1.15'CF=1.10 Cr=1.15 Fv': Fv'= 155 PSI Adiustment Factors: Cd=1.15 Design Requirements: Controlling Moment: M= 4974 FT-LB 1.5 Ft from left support of span 2 (Center Span) Critical moment created by combining all dead loads and live loads on span(s)2 Controlling Shear: V= 3316 LB At a distance d from left support of span 2 (Center Span) Critical shear created by combining all dead loads and live loads on span(s) 2 Comparisons With Required Sections: Section Modulus(Moment): Sreq= 46.89 IN3 S= 64.17 IN3 Area(Shear): Areq= 32.04 IN2 APpF,,OVAL LW jTE TO,, A= 41.63 IN2 Moment of Inertia(Deflection): FACTORY 'UILT POknw Ireq= 30.70 IN4 1= 296.79 IN4 JUL I`Aq 7,911OF ROV B,® 6C!lRTA PFS CORP a o S TE JUL 0 = 0 2001 N - o. -113l . .' APPROVAL LIMITED TO HA t:ii r0 FACTORY BUILT PORTION Multi-Loaded Beam[2006 International Residential Code(05 NDS)]Ver. 7.01.12 By: Matt Ross , Penn Lyon Homes Corporation on: 07-03-2007 Project: 07-068M-Location: HDR1 (P1 = RCB1 & P2= RCB2) Summary: (3) 1.5 IN x 9.25 IN x 3.0 FT /#2-Spruce-Pine-Fir-Dry Use Section Adequate By: 29.9% Controlling Factor:Area/Depth Required 7.91 In SHEAR, MOMENT,AND DEFLECTION DIAGRAMS Load combination shown: Controlling Shear/Moment/Deflection Diagrams 4000 3321 Ibs @ 0 ft 2000 Shear (Ibs) 0 -2000 -4000 -3321 Ibs @ 3 ft 5000 4974 ft-Ibs @ 2 ft 2500 Moment (ft-lb) 0 -2500 -5000 -0.02 -0.01 Deflection (in) . 0 0.01 0.02- 0.016 in @ 1.5 ft Center Span =3 ft Controlling Load Cases: Shear: Critical shear created by combining all dead loads and live loads on span(s)2 Moment: Critical moment created by combining all dead loads and live loads on span(s) 2 Deflection: Critical deflection created by combining all dead loads and live loads on span(s)2 LOADING DIAGRAM P 12 A B Center Span =3 ft Reactions Live Load, Dead Load Total Load Uplift Load A 1594 Lb 1727 Lb 3321 Lb 0 Lb B 15.94 Lb, 1727 Lb 3321.Lb 0 Lb Center Span i Page 2 Uniform Loading Live Load Dead Load Self Weight Total Load W 0 Plf 0 Plf 8 Plf 8 Plf Point Loading Live Load Dead Load Location P1 2691 Lb 2717 Lb 1.5 Ft P2 498 Lb 714 Lb 1.5 Ft APPROVED PFS CORP JUL 0 g 2007 APPROVAL LIMITED TO FACTORY BUILT PORTION 9. T Multi-Loaded Beamf 2006 International Residential Code (05 NDS)1 Ver.7.01.12 By: Matt Ross , Penn Lyon Homes Corporation on: 07-03-2007 : 1:28:56 PM Project: 07-068M-Location: HDR3 (P1 = HDR1) Summary: (3) 1.5 IN x 7.25 IN x 3.5 FT /#2-Spruce-Pine-Fir-Dry Use Section Adequate By: 32.4% Controlling Factor: Area/Depth Required 5.47 In t Laminations are to be fully connected to provide uniform transfer of loads to all members. Center Span Deflections: Dead Load: DLD-Center— 0.01 IN Live Load: LLD-Center— 0.01 IN =U4031 Total Load: TLD-Center— 0.02 IN =U1875 Center Span Left End Reactions(Support A): Live Load: LL-Rxn-A= 1233 LB Dead Load: DL-Rxn-A= 1408 LB Total Load: TL-Rxn-A= 2642 LB Bearing Length Required (Beam only, support capacity not checked): BL-A= 1.38 IN Center Span Right End Reactions (Support B): Live Load: LL-Rxn-B= 550 LB Dead Load: DL-Rxn-B= 668 LB Total Load: TL-Rxn-B= 1218 LB Bearing Length Required(Beam only, support capacity not checked): BL-B= 0.64 IN Beam Data: Center Span Length: L2= 3.5 FT Center Span Unbraced Length-Top of Beam: Lu2-Top= 0.0 FT Center Span Unbraced Length-Bottom of Beam: Lu2-Bottom= 3.5 FT Live Load Duration Factor: Cd= 1.15 Live Load Deflect. Criteria: U 360 Total Load Deflect. Criteria: U 240 Center Span Loading: Uniform Load: Live Load: wL-2= 54 PLF Dead Load: wD-2= 94 PLF Beam Self Weight: BSW= 6 PLF Total Load: wT-2= 154 PLF Point Load 1 Live Load: PL1-2= 1594 LB Dead Load: PD1-2= 1727 LB Location (From left end of span): X1-2= 1.0 FT Properties For:#2-Spruce-Pine-Fir Bending Stress: Fb= 875 PSI Shear Stress: Fv= 135 PSI Modulus of Elasticity: E= 1400000 PSI Adjusted Modulus of Elasticity: E-Min= 510000 PSI Stress Perpendicular to Grain: Fc_perp= 425 PSI Adjusted Properties Fb'(Tension): Fb'= 1389 PSI Adjustment Factors: Cd=1.15 CF=1.20 Cr=1.15 Fv': Fv'= 155 PSI Adjustment Factors: Cd=1.15 . Design Requirements: Controlling Moment: M= 2552 FT-LB 1.015 Ft from left support of span 2 (Center Span) Critical moment created by combining all dead loads and live loads on span(s)2 Controlling Shear: V= 2550 LB At a distance d from left.support of span 2 (Center Span) Critical shear created by combining all dead loads and live loads on span(s)2 Comparisons With Required Sections: Section Modulus(Moment): Sreq= 22.05 IN3 S= 39.42 IN3 Area(Shear): Areq= 24.64 IN2 A= 32.63 IN2 Moment of Inertia (Deflection): Ireq= 18.29 IN4 1= 142.90 IN4 APPROVAL L€M ED T 0 FACTOR'S BUILT PORTION s°,``dEt1VE0flli0/0/g//\tN OF SAS J 32007. KURT c�'P's A.PPROVRD A. PFS CORP H U ST N o.41131 JUL 0 9 2007 - APPROVAL LIMITED TO FACTORY BUILT PORTION Multi-Loaded Beam[2006 International Residential Code(05 NDS)]Ver. 7.01.12 By: Matt Ross , Penn Lyon Homes Corporation on: 07-03-2007 Project: 07-068M-Location: HDR3 (P1 =HDR1) '. Summary: (3) 1.5 IN x 7.25 IN x 3.5 FT /#2 Spruce-Pine-Fir-Dry Use Section Adequate By: 32.4% Controlling Factor:Area/Depth Required 5.47 In SHEAR, MOMENT,AND DEFLECTION DIAGRAMS Load combination shown: Controlling Shear/Moment/Deflection Diagrams 3000 2642 Ibs @ 0 ft. 1500 Shear (Ibs) 0 -1500 -3000 -1218 Ibs @ 4 ft . 3000 2552 ft-Ibs @ 1 ft 1500 Moment (ft-lb) 0 -1500 _ -3000 -0.03 0.015 Deflection (in) 0 0.015 0.03- 0.022 in @ 1.6 ft Center Span =3.5 ft Controlling Load Cases: Shear: Critical shear created by combining all dead loads and live loads on span(s)2 Moment: Critical moment created by combining all dead loads and live loads on span(s)2 Deflection: Critical deflection created by combining all dead loads and live loads on span(s)2 LOADING DIAGRAM P1 A r. B Center Span =3.5 ft Reactions . Live Load; Dead Load Total Load Uplift Load A 1233'Lb 1408 Lb 2642 Lb 0 Lb B 550 Lb ,668 Lb ,1218 Lb 0 Lb Center Span - Page 2 Uniform Loading Live Load Dead Load Seif Weight Total Load W 54 Plf 94 Plf 6 Plf 154 Plf Point Loading Live Load Dead Load Location Pi 1594 Lb 1727 Lb 1 Ft i i i I APPROVED PFS CORP JUL 0 9 2007 APPROVAL LIMITED TO FACTORY BUILT PORTION t� r Multi-Loaded Beam(2006 International Residential Code(05 NDS)I Ver.7.01.12 By: Matt Ross, Penn Lyon Homes Corporation on: 07-03-2007: 1:28:58 PM Proiect: 07-068M-Location: RCB1 (W=TRUSS CC320806) Summary: (3) 1.5 IN x 22.0 IN x 32.0 FT /Gang Lam-2950 Fb-2E Custom- Louisiana Pacific—Custom Section Adequate By:66.1% Controlling Factor: Moment of Inertia/Depth Required 18.57 In *Laminations are to be fully connected to provide uniform transfer of loads to all members Center Span Deflections: Dead Load: DLD-Center— 0.49 IN Live Load: LLD-Center— 0.48 IN=U804 Total Load: TLD-Center= 0.96 IN= U399 Center Span Left End Reactions(Support A): Live Load: LL-Rxn-A= 2691 LB Dead Load: DL-Rxn-A= 2717 LB Total Load: TL-Rxn-A= .5408 LB Bearing Length Required(Beam only, support capacity not checked): BL-A= 1.18 IN Center Span Right End Reactions(Support B): Live Load: LL-Rxn-B= 1921 LB Dead Load: DL-Rxn-B= 2072 LB Total Load: TL-Rxn-B= 3994 LB Bearing Length Required (Beam only, support capacity not checked): BL-B= 0.87 IN Beam Data: Center Span Length: L2= 32.0 FT Center Span Unbraced Lenqth-Top of Beam: Lu2-Top= 0.0 FT Center Span Unbraced Length-Bottom of Beam: Lu2-Bottom= 32.0 FT Live Load Duration Factor: Cd= 1.15 Live Load Deflect. Criteria: U 360 Total Load Deflect. Criteria: U 240 Center Span Loading: Uniform Load: Live Load: wL-2= 0 PLF Dead Load: wD-2= 0 PLF Beam Self Weight: BSW= 29 PLF Total Load: wT-2= 29 PLF Trapezoidal Load 1 Left Live Load: TRL-Left-1-2= 173 PLF Left Dead Load: TRD-Left-1-2= 145 PLF Right Live Load: TRL-Right-1-2= 173 PLF Right Dead Load: TRD-Right-1-2= 145 PLF Load Start: A-1-2= 0.0 FT Load End: B-1-2= 26.66 FT Load Length: C-1-2= 26.66 FT Properties For: Gang Lam-2950 Fb-2E Custom-Louisiana Pacific--Custom Bending Stress: Fb= 2950 PSI Shear Stress: Fv= 290 PSI Modulus of Elasticity: E= 2000000 PSI Stress Perpendicular to Grain: Fc_perp= 1020 PSI Adjusted Properties Fb' (Tension): Fb'= 3111 PSI Adjustment Factors: Cd=1.15 CF=0.92 Fv': Fv'= 334 PSI Adiustment Factors: Cd=1.15 Design Requirements: Controlling Moment: M= 42161 FT-LB 15.68 Ft from left support of span 2 (Center Span) Critical moment created by combining all dead loads and live loads on span(s)2 Controlling Shear: V= 4853 LB At a distance d from left support of span 2(Center Span) Critical shear created by combining all dead loads and live loads on span(s)2 Comparisons With Required Sections: Section Modulus (Moment): Sreq= 162.62 IN3 Ap��((�Sf�LLItbr1TE®w 363.00 IN3 Area (Shear): 21.83 IN2 SAC-rGRY BUILT POR 99.00 IN2 Moment of Inertia (Deflection): Ireq= 2403.26 IN4 1= 3993.00 IN4 JUL, 1 i 2007 `4��6�aeo�rrrrrrrin��� OF R KURT co , APP1'40V},11 A. PFS CORP s ST G u JUL 0 y zuol o.41131 v c> r:e' H'� APPROVAL LIMITEll TO �s�`' FACTORY BUILT PORTION Multi-Loaded Beam[2006 International Residential Code(05 NDS)]Ver. 7.01.12. By: Matt Ross , Penn Lyon Homes Corporation on:07-03-2007 Project: 07-068M- Location: RCB1 (W=TRUSS CC320806) Summary: (3) 1.5 IN x 22.0 IN x 32.0 FT /Gang Lam-2950 Fb-2E Custom-Louisiana Pacific—Custom Section Adequate By: 66.1 to Controlling Factor: Moment of Inertia/Depth Required 18:57 In SHEAR, MOMENT,AND DEFLECTION DIAGRAMS Load combination shown: Controlling Shear/Moment/Deflection Diagrams 6000 5408 Ibs @.0 ft 3000 Shear (Ibs) 0 -3000 -6000 -3994 Ibs @ 32 ft 50000 42161 ft-Ibs @ 16 ft 25000 Moment (ft-lb) 0 -25000 -50000 -1 -0.5 Deflection (in) 0 0.5 1 in@16ft Center Span =32 ft Controllinq Load Cases: Shear: Critical shear created by combining all dead loads and live loads on span(s)2 Moment: Critical moment created by combining all dead loads and live loads on span(s) 2 Deflection: Critical deflection created by combining all dead loads and live loads on span(s)2 LOADING DIAGRAM A B Center Span =32 ft Reactions Live Load Dead Load ..Total Load Uplift Load` A 2691 Lb 2717 Lb 5408 Lb 0 Lb B 1921 Lb 2072 Lb '3994 Lb O.Lb Center Span gr i Uniform 'Loading Page 2 Live Load Dead Load Self Weight Total Load W 0 Plf 0 Pif 29 Plf 29 Plf Trapezoidal Loading Left LL Left DL Right LL Right DL Load Start Load End TR1 173 Plf 145 Plf 173 Plf 145 Plf 0 Ft 26.7 Ft I APPROVED PFS 'CORP JUL 0 9 2007 APPROVAL LIMITED TO FACTORY BUILT PORTION I Multi-Loaded Beam(2006 International Residential Code(05 NDS)1 Ver. 7.01.12 By: Matt Ross , Penn Lyon Homes Corporation on:07-03-2007:1:29:00 PM Project: 07-068M-Location: RCB2 (W=TRUSS CC320806) Summary: (3) 1.5 IN x 14.0 IN x 32.0 FT /Gang Lam-2950 Fb-2E Custom-Louisiana Pacific—Custom Section Adequate By: 89.9% Controlling Factor: Moment of Inertia/Depth Required 11.31 In Laminations are to be fully connected to provide uniform transfer of loads to all members Center Span Deflections: Dead Load: DLD-Center— 0.50 IN Live Load: LLD-Center— 0:34 IN = U1120 Total Load: TLD-Center 0.84 IN = U456 Center Span Left End Reactions(Support A): Live Load: LL-Rxn-A= 498 LB Dead Load: DL-Rxn-A= 714 LB Total Load: TL-Rxn-A= 1212 LB Bearing Length Required (Beam only, support capacity not checked): BL-A= 0.26 IN Center Span Right End Reactions (Support B): Live Load: LL-Rxn-B= 355 LB Dead Load: DL-Rxn-B= 594 LB Total Load: TL-Rxn-B= 949 LB Bearing Length Required (Beam only, support capacity not checked): BL-B= 0.21 IN Beam Data: Center Span Length: L2= 32.0 FT Center Span Unbraced Length-Top of Beam: Lu2-Top= 0.0 FT Center Span Unbraced Length-Bottom of Beam: Lu2-Bottom= 32.0 FT Live Load Duration Factor: Cd= 1.15 Live Load Deflect. Criteria: U 360 Total Load Deflect. Criteria: U 240 Center Span Loading: Uniform Load: Live Load: wL-2= 0 PLF Dead Load: wD-2= 0 PLF Beam Self Weight: BSW= 18 PLF Total Load: wT-2= 18 PLF Trapezoidal Load 1 Left Live Load: TRL-Left-1-2= 32 PLF Left Dead Load: TRD-Left-1-2= 27 PLF Right Live Load: TRL-Right-1-2= 32 PLF I Right Dead Load: TRD-Right-1-2= 27 PLF Load Start: A-1-2= 0.0 FT Load End: B-1-2= 26.66 FT Load Length: C-1-2= 26.66 FT Properties For: Gang Lam-2950 Fb-2E Custom-Louisiana Pacific—Custom Bending Stress: Fb= 2950 PSI Shear Stress: Fv= 290 PSI Modulus of Elasticity: E= 2000000 PSI Stress Perpendicular to Grain: Fc_perp= 1020 PSI Adjusted Properties Fb'(Tension): Fb'= 3319 PSI Adjustment Factors: Cd=1.15 CF=0.98 Fv': Fv= 334 PSI Adjustment Factors: Cd=1.15 Design Requirements: Controlling Moment: M= 9488 FT-LB 15.68 Ft from left support of span 2 (Center Span) Critical moment created by combining all dead loads and live loads on span(s)2 Controlling Shear: V= 1137 LB At a distance d from left support of span 2(Center Span) Critical shear created by combining all dead loads and live loads on span(s)2 Comparisons With Required Sections: Section Modulus (Moment): Sreq= 34.31 IN3 S= 147.00 IN3 Area (Shear): ,pppOVAL L WITED TO Areq= 5.12 IN2 TOPY BUILT PORTION A= 63.00 IN2 Moment of Inertia (Deflection): 1FAC Ireq= 541.85 IN4 1= 1029.00 IN4 JUL 13 2007 01111BI1111f1r,00 ' OF 0 ZZZ ® APPROVED KURT � PFS CORP r � r T ,E O N = s JUL 0 9 2007 41131 v •HA J , APPROVAL LIMITED TO r. "' FACTORY BUILT PORTION Multi-Loaded Beam[2006 International Residential Code(05 NDS)]Ver. 7.01.12 By: Matt Ross , Penn Lyon Homes Corporation on: 07-03-2007 Project: 07-068M-Location: RCB2 (W=TRUSS CC320806) Summary: (3) 1.5 IN x 14.0 IN x 32.O FT /Gang Lam-2950 Fb-2E Custom-Louisiana Pacific—Custom Section Adequate By: 89.9% Controlling Factor: Moment of Inertia/Depth Required 11.31 In SHEAR, MOMENT,AND DEFLECTION DIAGRAMS Load combination shown: Controlling Shear/Moment/Deflection Diagrams 2000 1212 Ibs @ 0 ft 1000 Shear (Ibs) 0 . -1000 -2000 -949 Ibs @ 32 ft 10000 ft-Ibs @ 16 ft 5000 Moment (ft-Ib) 0 - -5000 -10000 -0.9 -0.45 Deflection (in) 0 0.45 0.9 43in@16ft Center Span =32 ft Controllinq Load Cases: Shear: Critical shear created by combining all dead loads and live loads on span(s)2 Moment: Critical moment created by combining all dead loads and live loads on span(s)2 Deflection: Critical deflection created by combining all dead loads and live loads on span(s)2 LOADING DIAGRAM A B Center Span =32 ft Reactions Live Load Dead Load _Total Load Uplift Load A 498 Lb -714 Lb. 1212 Lb 0 Lb B 355 Lb 594 Lb 949 Lb 0 Lb Center Span ,tit Uniform Loading I Page 2 Live Load Dead Load Self Weight Total Load W 0 Pif 0 Plf 18 Plf 18 Plf Trapezoidal Loading Left LL Left DL Right LL Right DL Load Start Load End TR1 32 Plf 27 Plf 32 Plf 27 Plf 0 Ft 26.7 Ft i APPROVED PFS CORP JUL 0 9 2007 APPROVAL LIMITED TO FACTORY BUILT PORTION 1 Project: 07-068 Description:MAIN HOUSE Name:MWR Date: 7/3/2007 �. ✓2';�aE,"tay.'.o'id: Yr. T.c.< � .�'.1. ...a,OWN ��..�.� TRUSS LOAD ❑ ° MATE WALL SELF LOAD 20 PSF 1 ST FLOOR WALL LOAD ❑ 160 ROOF DEAD LOAD 17 PSF 2ND FLOOR WALL LOAD O 150 FLOOR AND CEILING SYSTEM 20 PSF 2ND FLOOR LOAD 413 O FLOOR ONLY 10 PSF 1ST FLOOR LOAD 550 ❑ GROUND STORY LIVE LOAD 40 PSF FLOOR/CEILING SYSTEM FLOOR 1 ❑ 1 3B >1 ST ST-DRY LIVE LOAD 30 PSF FLOOR/CEILING SYSTEM FLOOR 2 O 275 TRUSS SPACING 2 _!: LIVE AND DEAD LOADING 953 733 MODULE WIDTH EXTERIOR SIDE 13.75 TOTAL LOAD 1 695 MODULE WIDTH INTERIOR SIDE 13.75 TRUSS HEIGHT 14.7 FT 131317.5S`lS;T£M LDA`6.1NG _;;; TRuss LOAD 3 1 5 261 ........ Top CHORD LIVE LOAD 19.4 LBS GABEL - O O TDP CHORD DEAD LOAD B LBS 1 ST FLOOR WALL LOAD O BO BOTTOM CHORD LIVE LOAD 0 LBS 2ND FLOOR WALL LOAD 0 so BOTTOM CHORD DEAD LOAD B LBS 2ND FLOOR LOAD 206 D 1 ST'FLOOR LOAD 275 O TRUSS REACTIONS; - = FLOOR/CEILING SYSTEM FLOOR 1 0 69 .. .. .. TO CENTERLINE O LBS FLOOR/CEILING SYSTEM FLOOR 2 O 136 TO PERIMETER 1 154 LBS LOading'1:O�dltl0(IS LIVE AND DEAD LOADING 797 627 17 Truss Loading _�_J Single Rxn TOTAL LOAD 1425 E✓ 1st Floor Wall Loading Full Wall 8'Ceilings4ki».n r 8.5'Ceilings TRUSS LOAD 29 17 r 9'Ceilin s GABEL _ ° _ 73 9 1 T FLOOR WALL LOAD 0 BO S L N FLOOR WALL LOAD 0 BD t✓ 2nd Floor(2 Story) 8'.Ceiling � z D LOD 2ND FLOOR LOAD 20 0 Longitudinal 1 ST FLOOR LOAD 27 O i Transverse Truss g FLOOR/CEILING SYSTEM FLOOR 1 O 7 FLOOR/CEILING SYSTEM FLOOR 2 ❑ 13 LIVE AND DEAD LOADING 76 270 TOTAL LOAD 346 APPROVAL UNITE©TO `FACTORY BUILT PORTION ®`eeeeeyeeeeeeea�i�o O� KURT '�/ a AA a • i C'T V P Q 1101 SSlpNN, APPROVED PF"S CORP JUL 0 9 2007 APPROVAL LIMITED TO FACTORY BUILT PORTION Project:07-068 Description:MAIN HOUSE Name:MWR Date:7/3/2007 Rear t '`t'� : .• ,� ``" '' �� �l�i1i�'°�tr� #� {��P Mate Wall Self Load 20 psf Live LD I Dead LD(plf)l Total LD(pl Roof Dead Load 17 psf 797 627 1425 Floor and Ceiling System 20 psf Floor Only 10 psf 190, lioargiainr'. ground story live load 40 Psf Live LD( If)I Dead LD(plf)l Total LD(pip >1st story live load. 30 psf 76 270 346 7rY_ #stances _ . T., _= - L£raYertbisa ces BeTvw' 6.9' 6.9' 8� � T�abutary Distance A 0 r .N -'Y%'r�• .� 4, t 2570 Ibs* 15291bs 4098 Ibs Tnbuta distance B 2 7 a Tributary Distance A=2.7' 2 5140 lbs. 3057 lbs. 8197 lbs. Tributary Distance B=2.7' Tnbutary Distance A 2 7 .- , `. 0 bs 305716s 81971bs 3 514 1 Tnbutary Di'sta, Tributary Distance A=2.T 4 5140 lbs. 3057 lbs. 8197 lbs. Tributary Distance B=2.7' Tnbutary Distance A 2 7 5 5140 Ibs 30571bs'� 8197 Tnbutary is B 2 7 s . . _... Tributary Distance A=2.T 6 5140 lbs. 3057 lbs. 8197 lbs. Tributary Distance B=2.7' Tributary Distance A 2 7 7 2570Ibs 15291bs 40981bs ' u"n Tnbutary Distance B .0 Tributary Distance A=.0' lbs. lbs. lbs. Tributary Distance B=.0' [ Tributary Distance A .`. lb Ibs Ibs` Tnbutary Distance B 0 ; Tributary Distance'A=.0' i -- lbs. lbs. lbs. Tributary Distance B=.0' Tributary Distance A='0 Ibs. lbs. Ibs. Tributary Distarce t3= 0 Tributary,Distance A=.0' lbs. lbs. lbs. Tributary Distance B=.0' Project:07-068 Description: GARAGE Name:MWR Date:7/3/2007 aua �,w, �. TRUSS LOAD O ❑ MATE WALL SELF LOAD 20 PSF 1 ST FLOOR WALL LDAD ❑ ❑ ROOF DEAD LOAD 0 PSF 2ND FLOOR WALL LOAD ❑ O FLODR AND CEILING SYSTEM O PSF 2ND FLOOR LOAD 0 0 FLOOR ONLY 0 PSF 1ST FLOOR LOAD O O- GROUND STORY LIVE LOAD O PSF FLDOR/CEILING SYSTEM FLOOR 1 0 0 J 1 ST STORY LIVE LOAD O PSF FLDOR/CEILING SYSTEM FLOOR 2 0 0 SNERAL!LiEflME:7RX ✓ALU'ES � !; 'h ,.... «�..,��5k. .z'�A 'iztw`w :M�E TRUSS SPACING .2 LIVE AND DEAD LOADING O ❑ MODULE WIDTH EXTERIOR SIDE 23.66 TOTAL LOAD 0 MODULE WIDTH INTERIOR SIDE 0.00 TRUSS HEIGHT 13.0 FT 3200E"SYS`7EM i.0:4'O1NG -c TRUSS LOAD 437 251 TOP CHORD LIVE LOAD 17.6 LBS LABEL O 0 TOP CHORD DEAD LOAD B LBS 1 ST FLOOR WALL LOAD ❑ B❑ BOTTOM CHORD LIVE LOAD 10 LBS 2ND FLOOR WALL LOAD O ❑ BOTTOM CHORD DEAD LOAD 6 LBS 2ND FLOOR LOAD D ❑ 1 ST FLOOR LOAD - ❑ 0 ..... -...: -.. TRUSS F2EACTIONS, _::..,.._... .., i ... ........ FLOOR/CEILING SYSTEM FLOOR 1 O O _. .. .. .... _. TO CENTERLINE 0 LBS FLOOR/CEILING SYSTEM FLOOR 2 O 0 TO PERIMETER 1376 LBS Loadrng Cond�tlons: -'" LIVE AND DEAD LOADING 437 331 TOTAL LOAD 768 - {�Truss Loading Single Rxn W 1st Floor Wall Loading Full Wall 8'CeilingsJ� � " _, mod- ....... * 8.5'Ceilings TRUSS LOAD 27 17 GABEL O 65 r 9'Ceilings 1 ST FLOOR WALL LOAD 0 BO I`2nd Floor(2 Story) 8'Ceiling 2No FLOOR WALL LOAD O 0 2ND FLOOR LOAD O O Transverse Truss Longitudinal 1 ST FLOOR LOAD O 0 FLDOR/CEILING SYSTEM FLOOR 1 0 0 FLOOR/CEILING SYSTEM FLOOR 2 O 0 27 162 LIVE AND DEAD LOADING .a TOTAL LOAD - 169 `see`���eae�'eaA�esacao®es APPROVAL LIMITED TO OF 0ASS�cy vs® CTOFY BUILT PORTION wu� Gs JUL 2087. S-T BE G u 0.4113 _ e APPROVED PFS CORP JUL 0 g 2007 APPROVAL LIMITED TO FACTORY BUILT PORTION Job Truss Truss Type Oty pry Penn Lyon 212 PA - 41877 CC320806 HINGED ATTIC 1 1 PA9495 Rill.#2128765 Universal Forest Products Inc.,Grand Rapids,MI 49525,Weston Gorby 6.500 a Dec 14 2006 MITek Intluslrles,Inc.Mon Jul 02 07:12:35 2007 Page 1 6-6-0 13-9-8 19-2-8 1 27-7-0 28 -0 HOME MANUFACTURER MUST INSTALL(1)RST-3 i 6-6-0 7-3-8 5-5-0 8-4-8 0-9-0 SIMPSON RAFTER TIES)AT JOINT(S)#3 Double Rigid Collar Tie One,each face SEE SIMP.7 FOR CCETIE TECHNICAL BULLETIN •� ( ) 0-4-0 T-P8302,P.7 FOR ACCEPTABLE TYPES OF Joint 4-See Bulletin 05-02 for I( 2x4 II CONNECTIONS AND FASTENER SPECIFICATIONS. Collar tie connection details. 7 4,56112 09 4x4I 6 lsb - _ DHP18 //y T3 W3 17 8 8 o• 4 5 16 0 3 o a W4 ws T4 n �P�E QWE 6YA0 ...................... ....... ------ to RFc� 9¢ W2 15 12.00 12 BEH78 12 0 _ * r� 9 tap 3 P➢ 4x4_ 2x4 II Off y ^ti 0-No . 14-4.8 n w oT2 - Sae Not.#17 vo Sur Q.. r• \ f� 13EH18D '^'1 -Double Hinge Plate(pHP)Joints) 5 " .8 See Bulletin 06-02 for details. goFpgg(ONA 6ir8= 18 11 B1 ;as Note#17 .. See Bulletin 05-07 for heel block explanatiol. 6-6-0 13-7-8 19-2-8 1 27-7-0 2$-4-0 6-6-0 7-1-8 5-7-0 8-4-8 0-9-0 Plate Offsets 2:0-0-110-0-0 3:5-9-7,5-5-9 5:0.1-140-1-8 8:0-2-00-1-12 9:0-3-DO-2-0 _ SPACING:2-0-0 SPACING:1-4-0 SPACING:1-0.0 - SPACING 2.0.0 CSI DEFL In (roc) Well Ud PLATES GRIP LOADING(psQ LOADING(psQ LOADING(psQ Plates Increase 1.15 TC 0.65 Vart(LL) 0.53 13-14 >303 240 MT20 197/144 TCLL 190)"" - TOLL 290)'• TCLL 380)"" Lumber increase 1.16 BC 0.82 - Vert(TL) -0.49 13-14 >326 180 M1118 141/138 (Ground Snow=30.0) (Ground Snow=45.0) (Ground Snow=60.0) Rep Stress Incr YES WB 0.99 Horz(TL) -0.59 15 n/a n/a - TCDL - 8.0 TCDL 12.0 TCDL 16.0 Code IBC2006/TPI2002 (Matrix) Weight:i881b BCLL 0.0 BCLL 0.0 BCLL 0.0 BCDL 8.0 BCDL 12.0 BCDL 16.0 LUMBER - TOP CHORD 2 X 6 SPF No.2"Except" 8)This truss has been designed fare her psi bottom chord INS load nonconcurrenl with any other live loads, - 9)All plates are M720 plates unless otherwise Indicated. Tt 2 X 8 SPF No.2,T3 2 X 4 SPF No.2 - 10)See BEHI8 DETAILS for plate placement. - BOT CHORD 2 X 6 SPF No.2*Except* - - 11)Provisions must be made to prevent lateral movement of hinged member(s)during transportation. B1 2 X 10 SYP DSS - - 12)See DHP18 DETAILS for plate placement(DHP18 Patent Pending). - WEBS 2 X 8 SPF No.2'Except" 13)All additional member connections shall be provided by others for forces as indicated. W1 2 X 4 SPF Stud,WJ 2 X 4 SPF Stud,W5 2 X 3 SPF Stud,W4 2 X 3 SPF Stud 14)"This Truss has been designed for a live load of 20.0psf on the bottom chord in all areas where a rectangle 3.8.0 tell by 2-0-0 wide REACTIONS (Iblsize) 1=815/0.3.8,12=238/Mechanical,13=567IMechanicai,15=93IMechanical,9=554l0-3.8 - will fit between the bottom chord and any other members. " Max Horz 1-488(LC 9),9=•400(LC 7) 15)Provide mechanical connection(by others)of truss to bearing plate capable of withstanding 512 lb uplift at joint 1,468 Ib uplift at joint 12, Max Uplift=-512(LC 9).12=•488(LC 7),13=-477(LC 9),15=227(LC 9),9=•554(LC 10) 477 lb uplift at joint 13,227 lb uplift at joint 15 and 554 Ito uplift at joint 9. Max Grav1=1154(LC 17),12=636(LC 20),13=615(LC 17),15=119(LC 17),9=769(LC 18) 16)This truss is designed in accordance with the 2006 International Building Code section 2306.1 and referenced standard ANSI/TPI 1, - FORCES Qb)-Maximum Compression/Maximum Tension 17)Provide support to resist a horizontal force of 486lbs at JI.1 and 400lbs at JI.9. TOP CHORD 1-2=-590/0,2.3=-437/23,3.4=-565/456,4-5=-582/619,5-1 6=-4 8216 2 9,6-16=-4481637,6-7=•240/489,7.17=-346/637, 18)This truss hes been designed in accordonce with the 2006 IBC Sec.2303.4.7.,2006 IRC Sec 802.10.2 B-17=-371/630,8-9=A208/1082 19)This truss has been designed to meet the 2003 IBC Section 2308.10.7.1;2003 IRC R002.10.2 BOT CHORD 11-12=010,10-11=-743/832,9-1 0=-74 318 3 2,1.18=-2/1,14-18=-211,13-14=0/0 20)This truss has been designed to meet 2002 BCNYS sec 2303.4(Building Code of New York State). - WEBS 3-14=-477N 026,4.15=-7/4,7-11=-494/339,8-10=-501328,8.11=•10251916 21)This truss has been designed to meet 2002 RCNYS R802.10.2(Residential Curie of New York Stale). BRACING _ 22)Take precaution to keep the chords in plane,any bending or twisting of the hinge plate roust ba repafred before Ilia building is put into service. Mc1(fh healhing directly applied or 6-0-0 no puffins. 23)If shown,field installed memhors am an integral par(of(his design.To ensure proper performance,all geld installed inember's must be Installed BnS�T��CHORD Rigid ceiling dirtlly applied or 3.10.3 oc bracing. -prior to applying any loading to the truss. EQMRED FIELD JOINT CONN TIONS -Maximum Compression(lb)/Maximum Tension(lb)/Maximum Shear(ib)!Maximum Moment(lb-in) 24)Based on:CC320601 /412 2 7/1 4 7 3 2,6=363/6391 69/0,14=477/10261010,15=7/4/11410 25)Revision:Updated Codes CAM:ASCE 7-05;120mph Q2 n o.c.,h=30f;TCDL=2.4psf;BCDL-2.4psf;Category II;Exp C;enclosed;MWFRS gable end zone and C-C Extedor(2)zone; - - 1I r{�(r per DO plale�gJ =1.33 This fuss is designed for C-C for members and forces,and for MWFRS for reactions specified. - ASCE 147m n o.c.;h=3011;TCDL=3.6psf;BCDL=3.6psf;Category 11;Exp C;enclosed;MWFRS gable end and C-C Exterier(2)zone; er DOL .s. 0 plat -1.33.This truss is designed for C•C for members and forces,and for MWFRS for reactions specified. ® WARNING-Veri/y design parameters and READ NOTES UnNsreel Forest Preducta,Inc. 2801 FAST BELTLINE RD,NE ASCE 7-05;150r�gljf -n D.C.:h=30f;TCDL=4.8psft BCDL=4.Bpsf:Category R:Exp C:enclosed;MWFRS gable end and C-C Exterior(2)zone: PROM[(e1s)-3ea-stet Fax(elapses-oofio GRAND RAPIDS,MI 48e0 �ber DOL�$0 plate riffle =1.33.This truss Is designed for C-C for members and forces,and for MWFRS for reactions specified This building component has only been designed for me toads noted an this dr.Wmp.Construction end lining forces hey.not b.en.*ndd.red.Th.builder Is reapon.IM. CE LL:ASCE�OS;P1• f(ground snow);Ps=varies(min.roof snow=19.4 psQ see load cases;Category 11;Exp C;Partially Exp.;CI=1.1; for nRMg m.ihods-d system design.Builder re.pdndidgn.s ere donned under seen*,2.30 TPn-2002.This design 1,based only upon parameters shoem,and is ter E40M 607.11. i�himum.rop load applied where required. an lndlvmu.i bmMl,gcompon.m to be Installed and leaded s.nkmry.AppllcebnM ofdsyn p.ramasrs and proper hrcerporanon of compon.nn.re.vonsronny of building design no load reduced to account for slope. designer-net bus.designer.Bracing he-is for NNW support of lydMdu.l Web members only.Additional bracing to baure stability during e.nehucilon nbelanced loads m Considered for this design. is the ro p-Mbilfty sf the erector.Additional p.rman,N bracing of the were,eitudwe Is the reaponslbllity of the building designer.For general A.M. m,.rding h' truss he @It de'n - - _ tebrkarlon,quelly control,.loreg•.d.IN.ry.. 11c..rM bmdng,conauli SCSI 1-oafmm Wood True.C-ncli or A.M..And True Plot.beMute Rec*mme,d.tion a 11.bM 1� per IBC Sect.16D$.3.1.1 Lead redUClien,fief multiple IIVB IOadS, rram Wood Trues Cauncll*r America 63W Enterprise LN,Madison,WI53119 J:bupp*dWnekSWl,ltampt Il fp.lpe f�opyrlpM 2007 by:Vnlvereel F*reel Praducie.Inc. yd Op z t Job Trues Trues Type ply Ply y r 41877 CC320806 HINGED ATTIC 1 1 Penn 212 PA 5 Ref.-712876s Universal Forest Products Inc.,Grand Rapids,MI 49526,Weston Gorby 6.500 a Dec 14 2006 MiTak Intlustrlae,Inc.Mon Jul 02 07:12:36 2007 Page 2 ea of nun+urlJJ,� ...F.. ,,`�auuuiinnJr� �. F CON/y .7 W: R� NEW A"4 ,x z * :* * KEVIN W. n+ FREEMAN y0 .;�r221550 Ao O tiP:tV �i��7T• H viF <7 p w +cps,•CpNS� Ca�•` c•�IOpUE�P oyFs p.y553 o-�t'�` CENSE ASS-. ONAt: � ha, Its, C-SS7QNA1-�aO '+F�Frrrliy� , a b`BO CAONIw RE 4I y� ■,�O,�EALTHREG 0 It , <,OF. El? - r�V PROFESSIONAL i 9Ci s +`hQ •' 14. Fiv..Oog + �a KEVIN W.FREEMAN ,?C, y$ yr� t KEVIN W. FREEMAN o *'X NO.TU2a I - - ENGINEER � � s p STRUCTURALI = ° PE-05454bE � ' NU.034518 • , ;t cr t Z SO N.�SYl�1I ZT rv4� °1t2cSSCFNs a���.*` 00 %•ccp G�e�f ... o� 'MMO�110 f4,4' a b w o �-- y C . - WARNING -Verily design parameters and READ NOTES UnNersel Fored PmtluCe,)-3 3GR FAST SEI S,MI 9S NE �/ Pune (616hall 161 been considered. d.The GRAND RAPIDS,MI 486 .•A. U& C �_ V - W n build"gm,component hee rlyd,been deslBrlsd for the bade rroled on this drpMrry.Comtruetlon and lifting lorcee have rrol been comiderad.The bulMer N reeponeRle y.y V/A's"WI tar URMB mellwda and ayetem deslBn.Solider reeponelElAUee era daBmd uMer eeclbn 3.J of TPIt-3WI.Thla deslBn Ie banetl Dory upon paremelen ehawn,entl le ter l O fyy an IMNlduel WWII;eomp...M to be Inelenad entl loaded eftaM.Applicability of design paremelen aM proper Inceryoretlon of camp—rd la raeponeRlliry of bNldIM /•M Oster.,--11—designer.arecfre shown is for lateral supped of IMNI&W v b mamb¢n only.Addillonel lempmmy h,,dn to Insure aI,binly during conslnMlon t* C.a o� le It.re.pon.IblU1y.1 the erector.Additional parmeneM b—Ing pf the ovens structure la the reaponsibnBy of the bdldIrd d..I,-r.For g—.l guidance regeMhg •71 �B Nb,loai ,geellry...I.I.storage.d.Nary.aroclbn and bmcing.Donets SCSI 143 1—W..d True.Cauncll of Amadca eM Tmes Plate Instill.Rarnmmentletlon evelleble a �r hem Wood Truss Councn of Ammtce 6300 Enlerprhe LN,Medleon,WI 53719 J:leupporlMin,R$vppUemplelaeWip.lpe @opyrigh12DO7 by:UnNereel Foresl Products,im. C C Q Job Truss Truss Type °ly Fy Penn Lyon 212 PA 41877 CC320807 HINGED ATTIC 1 1 PA9495 Rel.#2128765 Universal Forest Products Inc.,Grand Rapids,MI 49525,Weston Derby 6.500 a Dec 14 2006 MITek Industries,Inc.Mon Jul 02 07:12:54 2007 Page 1 6-0-6 , 11-5-6 19-9-14 ?0-6-,14 6-0-6 5-5-0 8-4-8 0-9-0 2.4 II 2x411 - 2 3 ,`P W. FpF Q9 12.00 12 IS-4-9 ^A W1 - Tl w W3 u5 �Fi 0T8003.N w4 pRO�ESSIONP� 1 5 1x4 11 r 4x4= 3x5= Bt 9 8 7 6 B2 - - 10 2x4 11 4x7= 5-10-6 6-261 11-5-6 19-9-14 70-6-,14 5-10-6 0-4-0 5-3-0 8-4-6 0-9-0 Plate Offsets X 4:0-2-0 0-1-12 5:0-3-0 0-2-0 SPACING:2-0-0 SPACING:1.4.0 SPACING:1.0.0 SPACING 2.0.0 CSI DEFL in (lot) I/def L/d PLATES GRIP LOADING(psQ LOADING(psQ LOADING(psQ Plates Increase 1.15 TC 0.50 Vert(LL) 0.09 1-9 >714 240 - MT20 197/144 TCLL 1Q4•• TCLL 290)•' TCLL 380)•• Lumber Increase 1.15 - BC 0.79 Vert(rL) 0.08 1-9 >832 180 (Ground Snow=3 8.0 (Ground Snow=4 2.0 (Ground Snow=6 6.0 Rep Stress[nor YES WB 0.99 Horz L 0.06 8 WE file BCDL 8.0 TCDL 10.0 TCLL 10.0 Cf) BCLL 0.0 BCLL 0.0 BCLL 0.0 Code IBC2008/TPI2002 (Matrix) � Weight:91 lb - BCDL 8.0 BCDL 12.0 BCDL 16.0 LUMBER 8)This truss has been designed for a 10.0 psf bottom chord It"load nonooncument with any other live loads. TOP CHORD 2 X 6 SPF N0.2 9)All additional member connections shall be provided by others for farces as indicated. BOT CHORD 2 X 6 SPF Na.2*Except* 10)•This truss has been designed for a live load of 20.Opsf on the bottom chord in all areas where a rectangle 3-6-0 tall by 2-0-0 wide - Bt 2 X 4 SPF No.2 will rd between the bottom chord and any other members. WEBS 2 X 3 SPF Stud*Except* 11)Provide mechanical connection(by others)of truss to bearing plate capable of withstanding 368 lb uplift at joint 8,386 He uplift at joint 10. W2 2 X 4 SPF Stud 91 ib Is at joint 9 and 549 Ib uplift at joint 5. REACTIONS (lb/size) 8=418/Mechanical,10-150/0-3-8,9=233IMechanical,5=459/0.3.8 12)This truss Is designed In accordance with the 2006 International Building Code section 2306.1 and referenced standard ANSirrPi 1. Max Holz:-3680(LC 7) - 13)This truss has heart designed in accordance with the 2008 IBC Sec 2303.4.2,2006 iRC Sac$02.10.2 Max UpliBB=-368(LC 10),0=2186(LC 10),9=.91(LC 9),=697(L-C) 14)This truss has been designed to meet the 2003 IBC Section 2308.10.7.1;2003 IRC R802.10,2 Max Grav8=811(LC 19),10=218(LC i6),9=344(LC 7),5=897(LC 19) 15)This truss has been designed to meet 2002 BCNYS sec 2303.4(Building Code of Now York State). FORCES (lb)-Maximum Compression/Maximum Tension 16)This truss has been designed to meet 2002 RCNYS R802.10.2(Residential Code of Now York State). TOP CHORD 2.3=-3/436,3.11=0/449.4.11=-111/442,4.5=-1029/946,1-2=-90/543 171 Take precaution to keep the clwftls In Plana,any bonding or twisting of the hinge plate must be rupatred before the building is put into service. BOT CHORD 7.8=0/0,6-7=-727/834,5.6--727I834,1-1 0=-1 361380,1-9=-20/4 18)If shown,field Installed marnbers are an inte{Rul pad of this design.To ensure proper performance,all geld Installed members roust be Installed WEBS 3-7=-105/38,4-6=-581345,4-7=-1028/696,2-9=-335/65 prior to applying any loading to the hiss. BRACING 19)Based on:CC320806 TOP CHORD Structural wood sheathing directly applied or 6-0.0 oc puffins.. 20)Revision:Cut Truss - BOT CHORD Rigid ceiling directly applied or 6-0-0 oc bracing. REQUIRED FIELD JOINT CONNECTIONS -Maximum Compression Ob)/Maximum Tension Ob)/Maximum Shear Ob)/Maximum Moment(lb-In) TES F d:ASCE 7-05;120mph @2-n o.c.;h=301t;TCDL-2.4psf;BCDL=2.4psf,Category lit;Exp C;enclosed;MWFRS gable end zone and C-C Exlerlor(2)zone; or DOL=1.60 plate grip D =1.33.This truss Is designed for C-C for members and forces,and for MWFRS for reactions specified. ASCE 7-05;147mph @I In o.c.;h=30fl;TCDL=3.6psf;BCDL-3.6psY Category lit;Exp C;enclosed;MWFRS gable end and C-C Exlerlor(2)zone; ar DOL=1.60 plate grip D -1.33.This truss is designed for C-C for members and forces,and for MWFRS for reactions specified. WARNING •V9I!/y d631)7n p8f801et0/8 and READ NOTES UnIverseI Forest Products,Inc. 2001 EAST BELTLINE RD,HE ASCE 7-0;11-150mph 1 n D.C.;h=30ft;TCDL=4.Bpsf;BCDL=4.BpsY Category 11;Exp C;enclosed;MWFRS gable end and C-C Exterior(2)zone; PHONE 1e1e1a64-e1e1 FAX(1148065.00e0 GRAND RAPIDS,MI4030 er DO .0 plat. =1.33.This truss Is designetl for C-C for members and forces,and for MWFRS for reactions specl0ed. This bulemg oomP,nam fie.only been eeaamd tar ma roes.nolae on IMs drewbp.con,trwnan and Immg tortes nays not been aenemared.The boned,le responsmle •�.F LL:AS 05;PQ- f(ground snow);Ps-varies(min.roof snow=19.4 psQ see load cases;Category II;EXp C;Partially Exp.;CI=1.1; far lens melh.de end system design.SulMer meponalbllllles am de0rnd under secllen 2.3 of TPI1.2o02.This design Is based only won parameters shown,and Is For I ap1607.11 minima b� load applied where required. an IndMdual building eompononl to be Installed and boded vedb.fly.Applicability of design parameters and Proper Incorporation of wmponem to responsibility of binding t design snow load 4e0 reduced to account for slope. daslpnm-ro,lmee d..I,ner.encing 2-I.for lateral aWood of IMNlowl wob mambem only.Additional bmeing to meura stability during construction n alanced v loads�3gv'ezti n Considered for this design. I.Ih.m.P_1bfflty of the.mcIor.Addnbnm Penn....t bacing or the weren sirwture n me m.pon.ronity of the building design,,.For general guidance regarding h151russ ha then des per IBC Secl.1805.3.1.1 Laad reduction,far multiple Ilve toads. r.brb.Pon,gv.my...I..efomga,dmlwry,em.fron sad bracing,conaun SCSI 1-03,rem wood True,Council.f Amod..end T-a Plate In.m.I.R,commendalbn...liable P.4 hem Wood T„s.CowcllolA-k.63M Entemd.e I.N.Madison,Me 53719 J:1,upFodWitekSWpu,mplet,gwfp.tp, (31pydght 2007 by:UaN..a.I Forest Products,I.. 7�C o b ►-1 d 2� t Job rrNaa Truss Type oy °y Penn Lyon 212 PA rr 41877 CC320807 HINGED ATTIC 1 1 PA9495 Ref.#2126765 Universal Forest Products Inc.,Grand Rapids,MI 49525.Weston Garby 6,600 a Dec 14 2006 MITek Industries,Inc.Mon Jul 02 07:12:54 2007 Page 2 WN, F y Isyill11g11'11+r,, . F7.1'. �OF CONNF!riT J\C\.1.......OF�C� o1u11+,uluuurr�, q �`�OVF7 MR Ry .O�N N EW qr *•�, Z.*= t roi•r� 92%�2 y KEVIN W. ?n . �;. a: 13 . Qw'(t i FREEM 0390 N q eCEN5�0'O\C�0r �OP 'n,,ONAI-E r11 SCONALS/ONA1 gnl„n11 r/r/IIoil I/Iit, lh _ d/lIIlflfaf 19 pNWEAC'T'aia r+yrr-ALTH �# ,40�l�h flEGISTEflEO y �ao �ALTN �'a#. ;a�OF11vE�r,1 f d;Q PROFESSIONAL O�Z �•�� 9C27o G0 ''�M.FgF?jp + KEVIN W.FREEMAN+ �VY�NO.B024�ZZi • KEVIN W. FREEMAN � � z ENGINEER • 2 STRUCTURALI �q Qt+ Z No.034518 ^V'. _ PE•054541•E yLjr �rft� 9 4,Q: AI:EaC'' S#ssSS/ONAL EN ��. Innmlmolp� a �N�rt n � O � � WARNING-Ver/ty design parameters and READ NOTES Unhersel Foreel Products,Inc. 2801 EAST BELTUNE RO.NE PHONE(816)-364-6161 FAX(616)-365-0 GRAND RAPIDS,MI 4850 zz This ""ding—Pnnenl hee Dory been dasiprred for the beds nolad on IMe drawing.Conslmction eM ssinp tortes have ml been eonsldered.The bustler le responsl5le C W CM FIJ� forliningmethod-N.yelemdealyn.BWldar reeponalblllllee ere tlasrnd undersecllon2.3of TPli-2002.Thisdeslgnlebeeodanyuponpemmelereahowa,erdlelgr s.4 0 /�► aneallAduel ZI61ng Component to be Installed and loaded yedkally.Appncebinlyof design parameters end proper Ineorporallon el componanl Isresponslbilltyelbusdirp 1r�sr�(` �� l /O design"-not Iruas design,Bmchp shown Is forlateral euP°od o11ndNMuel web membere only.Add°bnel lemperery b—Ing Ie Insure etebllM dodo,cdnshuctlon l m4 O le the respomlbNly of the erector.Additional permenerd bre inn or the overall simelure le the rasponsiblliy of the building designer.For general puldenee r,uthg lee 4 fv C fabrkslMn,quellty control,storage,daMary.aracgon end bracing,eensult SCSI 1�03 from Weod Tmes Ceuncliof Amedea ad Tmss Pieta Inslsute Re-nor-delien eyallable s� yss�rl ham Wood Truss Counts or Amorlce 6300 Enlemdse LN,Medbon,WI 53719 J:%upp,dWilekSupppempiat,oWfp.tpe (�,Mighl 2007 by:UnNereel Forebl Product.Ina. `_, _J v P° ..leaq z 0 .p Job Truss Truss Type °ty Ply Eenn Lyon 212 PA 41877 CC320808 ROOF TRUSS 1 1 A9495f.#2128765 Universal Forest Products Inc.,Grand Rapids,MI 49525,Weston Gorby 6.500 a Dec 14 2008 MITak Industries,Inc.Mon Jul 0207:13:14 2007 Page 1 1-11-0 13-7-8 1-11-0 - 11-8.8 BEARING SUPPORT BYOTHERS 12.00 12 T2 SE-0A, \�W. FJ'7�•� 0 9� x p9Y T1 I 61- O A�FCSSIONP� a 'LEE 6.B= at 0-1-8 i-11-0 13-7-8 0-1-8 1-gag 11-8-8 Plate Offsets X 1:0-0-3 0-2-15 2:0-0-11 0-0-14 SPACING:2-0-0 SPACING:1.4.0 SPACING:1.0-0 SPACING 2.0.0 C81 DEFL In LOADING(psQ LOADING(psQ LOADING(psQ Plates Increase 1.15 TC 0.22 VeRrt(LL) .0.24 � PLATES1-4 >884 240 M0 i1971144 GRIP (Gro nd Snow=30.0) (Ground Snow=45.0) TOLL 0A TOLL 0.0 TOLL 0.0 - Lumber Increase 1.15 BC 0.32 Verl L) •0.28 1.4 >567 180 MIi18 141/138 u (Ground Snow=-60.0) TCDL 8.0 TCDL 12.0 TCDL 16.0 Rep Stress Incr YES WB 0.00 Horz(TL) 0.00 life We BCLL 0.0 BCLL 0.0 BCLL 0.0 Code ISC2006rTP12002 (Matrix) Weight:113 lb BCDL 8.0 BCDL 12.0 BCDL 16.0 LUMBER 12)Provisions must be made to prevent lateral movement of hinged member(s)during transportation. TOP CHORD 2 X 8 SPF No.2 13)•This truss has been designed for a live load of 20.0psf on the bottom chord In all areas where a rectangle 3-6-0 tell by 2-0-0 wide BOT CHORD 2 X 10 SYP DSS will nt between the bottom chord and any other members. LBR SCAB 1-4 2 X 10 SYP DSS one side 14)Bottom chord live load(40.0 psQ and additional bottom chord dead load(0.0 psQ applied only to room.1-4 REACTIONS fib/size) 1-580/0-3-8,4=515/Mechanlcal 15)Provide mechanical connectlon(by others)of truss to bearing plate capable of withstanding 119 lb uplift at joint 1. Max Harz 1=237(LC 9) 16)This truss Is designed in accordance with the 2006 International Building Code section 2306.1 and referenced standard ANSI/TPI I. Max UPIifil=-119(LC 9) 17)This truss lies boon designed to meet Ole 2003 IBC Section 2308.10.7.1;20031RC R802.10.2 Max Grav1-983(LC 3).4=917(LC 3) 18)-This truss lies boon designed to meet 2002 BCNYS sac 2303.4(Building Code of Now York Stale). FORCES (lb)-Maximum Compression/Maximum Tension 19)This truss Iles been designed to meet 2002 RONYS R602.10.2(Residential Code of New York State). TOP CHORD 1-2=-178/86,2-3=-99/0 20)Take precaution to keep the chords in plane,any bending or twisting of the hinge plate must be repairer)before the building Is put Into service. BOT CHORD 1.5=0/0,4-5=0/0 - 21)Bnsed on CC320801 BRACING 22)Decreased loading front 30 psf at 24"o:c TOP CHORD Structural wood sheathing directly applied or 6-0-0 oc pudlns. BOT CHORD Rigid ceiling directly applied or 10-0-0 oc bracing. NOTES a e - sca ont faces)2 X 10 SYP DSS with 2 row(s)of 10d(0.148"x3')nalis spaced 9"o.c.except:starting et 0-0-4 from end at jolnl 1, - nail 2 row(.)et 4 a.c.for 2.0- )�Mnd:ASCE 7.05;120mph 2Mn oats;h=30ff;TCDL-2.4psf;BCDL=2.4psf;Category It;Exp C;enclosed;MWFRS gable end zone and C-C Exterior(2)zone; mbar DOL=1.60 plate grip OL=1.33.This truss is designed for C-C for members and forces,and for MWFRS for reactions specified. ) Ind:ASCE 7-05;147mph Sin O.c.;h=30ft;TCDL-3.6psf;BCDL=3.6psY Category II;Exp C;enclosed;MWFRS gable end and C-C Exterlor(2)zone; mber DOL=1.60 plate grip OL=1.33.This truss IS designed for C-C for members and forces,and for MWFRS for reactions specified. lid:ASGE.2.05;150m On o.c.;h=30n;TCDL-4.8psf;BCDL=4.Bpsf;Category II;Exp C;enclosed;MWFRS gable end and C-C Exterior(2)zone; mber D 05;Pleb p OL=1.3 d This);Ps Is designed for C-Cow)for members and Comes,and for MWFRS for reactions specified. ® WARNING -Verify design parameters end READ NOTES UnNersaI Forest Product.,Inc. 2801 EAST SELTUNE RD.NE LL:AS 05;P f(ground snow);Ps=0.0 psf(roof snow);Category Ii;Exp C;Partially Exp.;Ct=1.1 PHONE(819)-00d-afar FAX(816)-38S-0OBD GRAND RAPIDS,MI dgS ) 0& a dBSI n SnOW 10 S an reduced t0 eCCOUnt for slope. ThIs building component has ony been designed for the load.noted on IN,drawing.C...1-lion end Bnlna tore..have reel been....Iderad.The bunder b roaponslbie - nbalanct�ow too s been considered for this design. for IINng melheds and ranhun de.lgn.Sunder respenslbnidas ore doemd under section 2.3 of TPIi-2002.This design la based only upon peremetere shown,and Is for is truss has San QQ��S5Ig d for greater of min roof live load of 16.0 psf or 2.00 limes flat roof load of 23.1 psf on overhangs non-concurrent with other live loads. an ImMdual bwldho component le ba Ndaned and rosded,.ilk.fly.Apcik.bnay.rd.alon Parameters and proper mrorporalan er..mp.mm n reep...tonny.f buliding ) is Wes F7alMeen dig as per IBC Sect.1605.3.1.1 Load reduction,for multiple live loads. de.lgner-rat Imss designer.Brealng shown 1,for lateral support orindNnwl web mambas only.Additional temporary fisting to Insure stabimydwng.onstrueilon �qll plates are MT20���i��i less otherwise indicated. Is the re.P.n.lbglry.nh.-W.Aidal-1 permsnem b-Ing onne o..mn anr.lme 1.the rasp-11,nay olthe bundbo d.slgnar.Fero-...I gmdenea regerdlno 1 ee BER"bETAQ r to placement. f.brkel1hn,cu.1ily.rhe1.emrag.,d.l1.ry,.-u,n and treeing.anew BOSI 1-o34-wood Trues c.mdl ofAmedca GMT-Plat,In.lnme Rec.mmendml.o.Wiable _ hem Woad Trusa Cowell ofAmerke W00 Emarpdea LN,Madl.en,WI 5371g J:WwpoAWII,kSuppVemplale.Wrp.lpe &pydght 2007 by:Unhand FaresI Predusle,Inc. 7d C ~ tZ Q Q z Job Truss Truss Type Gty Ply Penn Lyon 212 PA 41877 CC320808 ROOF TRUSS 1 1 PA9495 Rel.p2128765 Universal Forest Products Inc.,Grand Rapids,MI 49525.Weston Gorby 6.500 a Dec 14 2006 MITek Industries,Inc.Mon Jul 02 07:13:14 2007 Page 2 s1 lallrr o OF CONryo•, �W:•F�F� ,o°�`tlf 141gq''!.,, _ Fq �01G= .1�.'+�21 60 .y2 ,gyp j�•N FRFE ;S,� �OF NEW hA,lvo KEVIN W, m "'***sss fff•�yQd". s a FREEMAN y In"_. � Q%CC a'd s i�s 10390 k ENSE� ''�rf�iin mlEa�� s`SiONAL`��� .,SSMpNlA11n�`o`� SS�ONA1-E�O rrr�pf1 W Eq"�a °°a°°ee°e° r�rr`gt� <lS?s ,°°�oALTii 0,00 .1 sOaFuy 4 r 0 REGISTERED a� C� Vj% :` " d.0 flOFESSIONAI � 9�•p� `+,hr�PC.. ..FAF�O z KEVIN W.FREEMAN; 2 vZ °�rw� ;AS = KEVIN W. FREEMAN : =*:Y NO.8024 Z;* ENGINEER • • ' STRUCTURAL I PI-054541 E �Qi�� No.034518 j 3 A c:� Wit r '=r.'1'iy P�rgg� Z 9 r2Q• 1O�<�CENSEO.\fir '`^"�S.,iii✓rr ;OA,��tlSs ONAI a�°�M . �osS;pNA4 ?a, E 's7 C7 b H"ei O c_ y law AWARNING •Verity design parameters and READ NOTES UnNersel Fmeat Product.,In.. 2801 EAST BELTLINE RC.NE o 9) This bugdln k has on been ded d ter the toads naiad an thls drawls Conslmctlon and tlninp s—he ve h tBe PAX conelde3 a�The builds?1,D eWP.lbl;"' B80 rs.l r e oomP.ne Iv pm g, Caa t„t CG O mr nningm 1noe..ne.yslem eealpn.Bander re.panabluues ere aenned andar.e.nan 2.3 or TPn-zgg2.Tnl.a..IgnLba.ed only wan p.rameter..Iwwn,.nd t.for an IndNlduel building component to bo Installed ark leaded vedkally.Applbeblldy of design p....I rs and proper Irt.orperallon orcomps-1 Is responslbglly of building ys,s daalgnar-not Imss designer,Bracing shovm It for lateral support IMlvlduel web mambas only.Addltbnet temporary bracing 1,In-,stability dud"con,trucll,n V H � Is Iho rasp—lbalty of the erector.Addllbnel permenak bracing or lhs.var.a structure t.the responslbillty,f the buadhq designer.Forgeneml gulden.•reporting fobdcagan,yuelgy control.stomps,delivery,amctbn and bmchry,coneull BCSI 143 from Wood Truss Council of America and Truss Plate Institute Ra.ammerkatlon a 110ta �a/ 0om W.od Trvss Councg of Amedce BJ0(1 Enlerprfea LN,Madbon,WI S]71g J:bupponVAlteFSuppbemplateeWfp.lpa (�opydph12007 by:UnNarsel Fora.l Protlucls,Ina. I-3 00 z ---------- Job Truss TrussTypa °1y Ply Penn Lyon 212 PA - 41877 CC320809 HINGN ED ATTIC 1 2 PA9495 Rar.#212B765 Unersel Forest Products Inc.,Grand Rapids,MI 49525,Weston Gorby 6.500 a Dec 14 2008 MRak Induslrlae,Inc.Mon Jul 02 07:13:41 2007 Page 1 6-6-0 13-9-8 19-2-$ 27-7-0 28r1-0 HOME MANUFACTURER MUST INSTALL(2)RST-3 6-6-0 7-3-8 5-5-0 8-4-8 0-9-0 SIMPSON RAFTER TIE(S)AT JOINT(S)#3 Double Rigid Collar Tie(One each face) SEE SIMPSON STRONG-TIE TECHNICAL BULLETIN 0.4.0 T.FBS02,P.7 FOR ACCEPTABLE TYPES OF Joint 4-See Bulletin 05-02 for H 2x4 I CONNECTIONS AND FASTENER SPECIFICATIONS. Collar tie connection details. 4ss 1z 0 7 4x4 NO SO-g rj_y r OHP18 // , T7 17 VJ3 B 0 E_U 7 p,5 18 0.3.0 S W4 T4 5 Py��W FRFFq�9IL * -------------------------- ------ WS W2 •tc� 92 BEH18 4 9 12.00 rz 12 10 4x7= , 3 <x = 2.4 II ass o •' W 14-4-8 $ Tz q a"NPie#2t Qp 8663- �2 OEM so "1 Double Hinge Plate(DHP)Join,(.) 5 9QFESStOvtP� See Bulletin 06-02 for details. 2 40#BCLL d 6x8= 20 td B7 See Nate#21 See Bulletin 05-07 for heel block explanatiol. 6-6-0 1 13-7-8 19-2-8 27-7-0 2ej,-0 6-6-0 7-1-8 5-7-0 8-4-8 0-9-0 Plate Offsets 1:0-0-5 0-3-0 2:0-0-11 0-0-0 3:5-9-7 5.5.8 5:0-1-14 0-1-8 9:0-2-10 0-2.2 SPACING:2-0.0 SPACING:1-4.0 SPACING:1.0-0 LOADING(par) LOADING(psp LOADING(psp - SPACING 2-0.0 CSI DEFL In (too) Odell Ud PLATES GRIP TCLL 19.4'• TCLL 29.2.. TCLL 36.9•• Plates Increase 1.15 TC 0.61 Vert(LL) 0.27 14 >602 240 MT20 197/144 (Ground Snow=30.0) (Ground Snow=45.0) (Ground Snow=60.0) Lumber Increase 1.16 BC 0.74 Verl(TL) -0.63 13-14 >255 180 MIMS 1411138 TCDL 8.0 TCDL 12.0 TCDL 16.0 Rep Stress Incr NO WB 0.49 . Horz(TL) 0.65 15 nla nle BCLL 0.0 BCLL 0.0 BCLL 0.0 Code ISC2006/TP12002 (Matrix) Weight:344 lb BCDL 8.0 BCDL 12.0 BCDL 16.0 LUMBER 8)••TCLL:ASCE 7.05;Pg=30.0 pal(ground snow);Ps=varies(min.roof snow=19.4 Pap see load cases;Category 11;Exp C;Partially Exp.; TOP CHORD 2 X 6 SPF No.2*Except* C1=1.1;IBC 1607.11.2 minimum roof live load applied where required. Tt 2 X 8 SPF No.2,T3 2 X 4 SPF No.2 9)Roof design snow load has been reduced to account for slope. BOT CHORD 2 X 6 SPF No.2*Except* _ 10)Unbalanced snow loads have been considered for this design. - 87 2 X 10 SYP DSS 11)This buss has been designed as per IBC Sect.1605.3.1.1 Load reduction,for multiple live loads. WEBS 2 X 4 SPF Stud'Except* 12)This russ has been designed for a 10.0 lost bottom chord live load nonconcurrent with any other live loads. WZ 2 X 8 SPF No.2,W5 2 X 3 SPF Stud,W4 2 X 3 SPF Stud 13)All plates are MT20 plates unless otherwise indicated. REACTIONS (lb/size) 1=2073/0-3-8,12=.208/Mechanical,13=1122/Mechanical,15=201/Mechanical,9-683/0.3-8 14)See BEH18 DETAILS for plate placement. Max Horz 1=-736(LC 7),9=-585(LC 17) 15)Provisions must be made to prevent lateral movement of hinged member(s)during transportation. Max Upliftt=-1976(LC 9),12=-440(LC 14),13=-914(LC 9),15--324(LC 9),9=-610(LC 10) 16)See DHP18 DETAILS for plate placement(DHP18 Patent Pending). Max Gravt=2286(LC 17).12=369(LC 9),13=1136(LC 14),15=220(LC 17).9-884(LC 18) 17)All additional member connections shall be provided by others for forces as Indicated. FORCES (lb)-Maximum Compression/Maximum Tension 18)•This buss has been designed for a live load of 20.Opsf on the bottom chord In all areas where a rectangle 3-6-0 tail by 2-0-0 wide TOP CHORD 1-2=•1202/1056,2-16=4100/1136,3-16=-821/994,3.17--1397/1854,4-17=-827/579,4.5=-9671810, - will fit between the bottom chord and any other members. 5-18=-877/819.6-18=839/828,6-7=4251575,7.19=-657n89,8-19=-682n82,8-9=-1513/1231 19)Provide mechanical connection(by others)or loss to bearing plate capable°f withstanding 1976 lb uplift at joint 1,440 ib uplift tit Joint 12, BOT CHORD 11-12=010.10-11=-749/845,9-10=-749/845,1-20z5/4,14-20=-514,13-14=0/0 914 Ib uplift at joint 13,324 Ib uplift at joint 15 and 610 ib uplifl at joint 9. WEBS 3-14=-1695/2038,4-15=0/0,7.11=708/778.8-10=-31/317,8-11=1042/923 20)This truss is designed In accordance wl(h the 2006 International Building Code section 2306.1 and referenced standard ANSIrrPI 1. BRACING - 21)Provide support to resist a horizontal force of 736lbs at JI.1 and 585lbs at Jt.9. TOP CHORD Structural wood sheathing directly applied or 6-0-0 oc purges. 22)This truss has been designed in accordance with the 2006 IBC Sec 2303 4.2.2006 IRC See 802.10.2 BOT CHORD Rigid ceiling directly applied or 10-0-0 oc bracing. 23)This truss has beon designed to meet the 2003 IBC Section 2308.10.7.1;2003 IRC R802.10.2 24)This truss has been designed to meal 2002 BCNYS see,2303.4(Building Code of New York Stale), REQUIRED FIELD JOINT CO ECTIONS -Maximum Compression(lb)/Maximum Tension(lb)/Maximum Shear gb)/Maximum Moment(lb-in) 25)This loss has been designed to meet 2002 RCNYS R802.10.2(Residential Code of New York State). ' 4=0/0/324/20130,6.75418 01639/0,14=1695/20381010 26)'Take precaution 10 keep the chords in plane,any bonding or twisting of the hinge plate must be ropalred before the building Is put Into service. ODES 27)If shown,field installed members are an Integral part of this design.To ensure proper performance.all field Installed members must be Installed )`16nger(s)or other connectlo device(s)shell be provided sufficient to support concentrated load(s)491 ib down and 1049 lb up at 7-9-2 on top chord. prior la applying any loading to the truss. oj OVdillonal top chord loading c 191pif down and 139plf up from 1-11-0 to 7-9-2.The design/selection of such connection device(s)Is the responsibility of others. 20)Based on:CC320806 )t11y truss to be connected to father with 10d(0.148'x3')nails as follows: 29)Revision:Girder Truss �j���--"""oo000p chord ne e, s, s:2 X 8-2 rows at 0-9-0 oc,2 X 6-2 rows at 0-7.0 oc,2 X 4-1 row at 0-9-0 oc. ftom ch onneclatl (lows:2 X 6-2 rows at 0-9-0 oc,2 X t 0-2 rows at 0.9-0 oc. WARNING -Verify design parameters and READ NOTES UnNersel Fcre.l Products,1n 2801 EAST SELTUNE RD.NE bs conUFUeed as f0 X 4-1 row at 0-9.0 oc,2 X 8.2 rows al 0-9-0 Do,2 X 3-1 row al 0-9-0 oc. PHONE(616f384.6161 FAX(618}36S.0060 GRAND RAPIDS,MI 4980 3 pauoads are consider ua applied to all plies,except If noted as front(l7 or back(B)face in the LOAD CASE(S)section. - TM.amlding oorop-.he.our b...ae.gnea ror Ins N.d.noLd an lei.dr.wl�.conarvenon end rum#lore.arew not beon oonoldarod.Tho bander I.re.poneibla I to ply eg Uions v n provided to distribute only loads noted as Wr nnmg methods end.y.I.m d..yn.Bonder re.ponalbinoe,are d,flmd under section 2.3 of TPH-2W2.TNs d.elgn W b...d only upon pmemol.rs shown,and 1.1., �yy y (F)or gory unless otherwise indicated. q h9MdvsI bu1Id17 component to be Installed and Waded 10W.tly.APpncabnny of design parameters end proper Incorporation of-p,nord Is reoponoWly ofbunemg )gf8hd:ASCU�jj 0(15;12, 41n o.e.;h=30ft;TCDL=2.4psF,BCDL=2.4psQ Category it.;Exp C;enclosed;MWFRS gable end zone;Lumber DOL=1.60 plate grip DOL=.d Igner.a.I Inca ae.lgmr.Bracing shown 11 1.,Wt.rel suppers enadmmuol web member.Dory.Add6maenemporan Wooing 1p m.ure viability during conalmcnen [All d:ASCi=�7565;14�fdyh 61n o.c.;h=30fi:TCDL=3.6psf;BCDL=3.6psf;Category II:Exp C;enclosed;MWFRSgable end;Lumber DOL=1.60 plate grip DOL=1.33. I.the responsibility or th..r..to,.Additional permanent breclr,g or me eaeren etruHuro W(ho m.Ponsibnnyof th.bundlro design.For ganer.l guldorm regarding .6) id:A. 7 5;150�g I 21n D.C.;h=30ft;TCDL=4.8psY BCDL-4.8psf:Category II;Exp C;enclosed;MWFRSgable end;Lumber DOL=1.60 plate grip DOL=1.33. Wbnoano....enry comrol..mreQa.eonv<ry.areclWn.na bracing,coneun SCSI 1.03 rum Wood True.C-11 or Amedo.end Tmea Plato m.lnmo R.-anandmma avmlem. wind 1 er dent+e�ij from Wood Tru..Council of America 63M Ent.,P,I..LN,M.dt..n,W153719 J:Uupp.,iWI1ekauppM.mpteteeWrp.1pa &pydgh12007 by:Universal Forest Products,Inc. �o ~ d 00 z L Y Job Truss Truss Typo Gty °1y Penn Lyon 212 PA 41877 CC320809 HINGED ATTIC 1 Z PA9495 Ref.#2126765 Universal Forest Products Inc.,Grand Rapids,MI 49525,Weston Gorby 8.500 a Dec 14 2006 MITak Industries,Inc.Mon Jul 02 07:13:41 2007 Page 2 ,,sysllrinr 11117I11 ii F.CON yy W. Fa 1.alnmuwry 0'Vd. oF,MAgr°oCOFW$ * * * q smNPA ��/� -•o= =1yO f 22155 Wy� Op O 2� '�ay�ON1AL Epyo` ASS/ANAL ECG --,M1SS/ONAL�N�.,RiONALE��\ 'nu2nnaau` • Ettd�pNWEq ` '10a 0ALTH 000 r �ann ly/O r a` F V r T c\ 1'i r. tdots AEG; FED 9 f�0 `'rt� .N.FH O .d u ROFESSIONAL o� 0 c'�++ c r7�a �w?° KEVIN W.FREEMAN --*;x NO,8024 Z' ♦ Z KEVIN W. FREEMAN o ' ♦ ��.srr:uc,ruHAtl q,g •! ENGINEER 1 i No.034518 '13 L PE-054541•E ENS }� „ \ c �'�.gHg Y LV NrtErt . A,- 'sa1<1 i °hs�OINAI�E,�,�,•�' '�i eeeNl �IA III H� WARNING -Verify design parameters and READ NOTES PHONE nN.113848181 FAX ,1-38&0860 201 EAST SELTUM E d 58NE ND RAI'lr Thle b"Ing ecmponerd has only been deelpmd for the bads noted en lhle drawMp.Conelrvctlon end A111n9 forces have ncl been cenpldared.Tho builder i.reepaneNle y yVI for ARMg meNode end ryslam deelgn.Bulltlm raepomNAilles era de0nad uMer eaellon 2.30l ipli-2802.TMa deslpn le based Doty open pemmelere shown,end Is for �, i�'q 4 an hNNlduel bulldlnB component fo be lnetalladantl loaded vedkaly.ApplbabOM of deelgn peramalereeM proporimoryaratlan efcomponenllerespomlbllityolbullding 0 designer-not Wee designer.Sreelm shorn is for Wall suppod of INNMual wMb m,,be,Dory.AddNoml temporery brechq to Maure etablllly during—truclbn N `a le the resp,mibinty of Ilre erector.Additic-I permanenf breclm of the—tell stmclura la the reeponelbility of the WI&M daelgmr.Fm general guldanee regerdhq Iebdcellon.qualily conlrcl,elorepa,delNery,mectlon and bracing.consult SCSI"31rem Wood Truss Council of Amadea and True,Plot,Inetiluta Recommend,11-a nablo Irom Wood Tress Council of Amerke 83M Enl.r,1..LN.M.di.-.WI8311g J:IeuppodU111ek8uppVamplelesWlpIpe @.,yrlghl2007 by:VnNereeI Forest Pr,ducle,Inc. yG OO a ey .� Job ::I� Trues Type try Ply 1 Penn Lyon 212 PA 41877 6203 KINGPOST Ref.iF249 5 UNversal Forest Products Inc.,Grand Rapids,MI 49525,Weston Gorby 6.500 s Dec 14 2006 MITek Industrles,Inc.Frl Jun 29 12:38:09 2007 Page 1 4-10-8 9-9-0 `enuun.ip ,o`F GON far•. onen'rNn,� 4-10-8 4-10-8 O NF ., w' FaF 1 O ar1 ........ •F OF Mq .,, pFaN ..P4 (d. FgEF�C� ''�21-U ?95,2 �(c • 'FRS)� OF NEW I, 5xe z =.�•3e r y.*= *. •.,* _r�;X�r 3 p: :07 G 1 u/i M rn FREEMAN 1 " 30'•. 22165 W4; 9°. Q °9; :t(,ac 10390 12.00 12 7no e a•.(iC �O:\�. p..q o>ti ,••'''%�oS��N�NA'LEF��,.° ��c`S`�S.,OFOE4����e� ��'t�cs.,')'0.256��c•p�2�.r o�S ONA� v NAL nystONAnito�,�,„r` S/ r1 Ti AOFESSIONP .. W7 11,14•�0��� J, ,drpN WEd .Y�Oa�yEALTN O�.� ,,,y o,wrurNn ri 14 6EG18fEflF0 ti '; y ....• 0O OU FyF•':�.1 3 U PROFESSIONAL o U 7r x KEVIN W. FREEMAN z NQ.8024 Zt* KEVIN W.FREEMAN• No.03451$ * STRUCTURALI QM 1x4 a ENGINEER -8 2 �.4 N'wS.i iiii�4 ii✓\ft, Z P TS �1�i�> '••t�0tt`: 6 xe4 PED665Ai•F O SS4 %1104fixei 4-10-8 9-4-8 9-9-0 a°os/ONAL ENk as !gAO.ENNAS1E�oO�0 >:0-4-8 4-6-0 4-6-0 0-4-8 Plate Offsets X 1:0-1-0 Ede 3:0-1-15 Ed e - LOACING:psQ LOADING:psQ SPACING 2-0.0 CSI DEFL In Qoc) Well Ltd PLATES GRIP LOADING(psp LOADING(psf) TCLL 17.6 TCLL 26.7 Plates Increase 1.15 TC 0.44 Ver(LL 0.03 5.6 >999 240 MT20 197/144 Lumber Increase 1.15 BC 0.42 Vert(TL) -0.03 5.6 >999 180 TCLL (Ground Snovr-30.0) (Ground Snow=4 Rep Stress Incr YES WE 0.09 Horz(TL) 0.00 4 file n/a 0.0 TCDL 12.0.0 Code 18C2006rTP12002 Matrix BCLL .0 BCLL 0.0 ( ) Weight:31 lb ' BCDL 8.0 BCDL 12.0 LUMBER TOP CHORD 2 X 4 SPF No.2 11)This truss has been designed In accordance with the 2000 IBC Sac 2303.4.2,2000 IRC Soo 80210.2 BOT CHORD 2 X 4 SPF No.2 12)This truss has been designed to meet the 2003 IBC Seclion 2306.10 7.1;2003 IRC R802.10.2 WEBS 2 X 3 SPF Stud 13)This Inks has been designed to meet 2002 BCNYS sec 2303.4(Building Coda of New York Sale). REACTIONS (lb/size) 6=286/0-3-8,4=286/0-3-8 14)This truss has been designed to meet 2002 RCNYS R802.10.2(Residential Code of New York State). Upliil6>"276(LC 10),4=-278(LC 9) 15)Based on:P486202 Max Max pii 6=-287(LC 7) 16)Revision:Increased overall length horn 6.0-0. Max GfavS=381(LC 16),4=381(LC 17) FORCES INS)-Maximum Compression/Maximum Tension TOP CHORD 1.7=-316/278,2-7--183/285,2.8=-183285,3-8=-316/278 BOT CHORD 1-6=-133/154,5-6=-1331154.4-5=-133/154,3-4=433/164 WEBS 2.5=-13/156 BRACING - - TOP CHORD Structural wood sheathing directly applied or 6-0.0 oc puffins. BOT CHORD Rigid ceiling directly applied or 10.0-0 or.bracing.-NOTES- 19 1)Wind:ASCE 7-05:120mph 24in o.c.;h=306;TCDL=2.lpsf;BCDL=2.lpsf;Category 11;Exp C;enclosed;MWFRS gable end zone and C-C Exterior(2)zone; ly Lumber DOL=1.60 plate grip OL=1.33.This truss is designed for C-C for members and forces,and for MWFRS for reactions specified. $Wind:ASCE 7-05;147mph 161n o.c.;h=30ft;TCOL=3.1psh BCDL=3.lpsf;Category II;Exp C;enclosed;MWFRS gable end and C-C Exterlor(2)zone; somber DOL=1.60 plate grip OL=1.33.This truss Is designed for C-C for members and forces,and for MWFRS for reactions specified. )-TCLL:ASCE 7-05;Pg=30.0 st(ground snow);Ps=17.8 psf(roof snow);Category If:Exp C;Partially Exp.;Ct=1.1 in ct desi n snow load has en reduced to account for slope. 77 UnWareal Foreel ProauMe,Inc. 2e01 EAST BELTLINE R0,NE balan�snow toads been considered for this design. WARNING -Verity design parameters and READ NOTES PHON0IS)3N4 GiS1 FAX(e16)J890060 GRAND RAPIDS,MI4050is truss Zbeen e6 a as per IBC Sect.1605.3.1.1 Load reduction,for mu0lple live loads. TN.bundmg aompon.nt hs onN b..n a.ebnea mr me Idea.nolea on Ima drawing cemwdlon aw nnmg rora..hs..ram bean amnldered.The bWld.,Ie map...Me s trusrs been a. for a 10.0 psf bottom chord live load nonconcurrent with any other live Toads. � argnmgmelhrdaerny.mrnd..1gn.B.2der reepenaminuas are deaned under section 2.3 ofTPN-2oo2.This design Is based only open immmatem,hos%end Is for his Wss has beer-r�•rgr�� d for a live load of 20.Opsf on the bottom chord in all areas where a rectangle 3-6-0 tall by 2.0-0 wide an maMdum butimng componam to ea m.mnea ana Ioaded.emamly.appgc.bnib oreslgn paramamraBald proper mromoreuenoraomponam i.reepenmbmry al buneing I fit bets the boilo rd and any other members. aoelgnor-not wee designer.Bracing shown to for lateral swpon oflMrvldu it web membeA only.Additional le,"mry bracing to Insure stability curl"censtaxtIon 19).Rrovide mecFanieal�6A11eF I n(by others)of Wss to bearing plate capable of withstanding 278 Ib uplift at Jolnt 6 and 278 ib uplift at Joint 4. 1.fire nepon.ibniry If the Addnlon.I permanent braomg of Ire o.er.e shnatm Is the hmp-Wits onlm buildlnp designer.For general guldan.e general " is I esigne ordance with the 2006 International Building Code section 2306.1 and referenced standard ANSI/TPI 1. labde.gon q-ffly control,Stange,d.thm y.-flan and bracing,consult BCSI U*farm wood True ceundi of Am.doa ana Tone Plata Institute Recemmaadalron o.enabla Pass Rom W.od True Ceunc6 el Amerka 6300 Enterprise LN,Madison,WI53719 J:%,",dWitek$uppU,mplete.Wrp.1pe &pyrighl2W7 by:Untreraet Foresl Product.,inc. C I-" o %O t= j �� �0 z <1 — Federal Aviation Administration Aeronautical Study No. ®R, Air Traffic Airspace Branch,ASW-520 2007-ANE-1402-OE � 2601 Meacham Blvd. Fort Worth,TX 76137-0520 Issued Date: 08/15/2007 DOUG DOUGLASGEORGE 110 South St. Needham,MA 02492-2762 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations,part 77, concerning: Structure: Crane CRANE TO PLACE HOME MODULES Location: BARNSTABLE,MA Latitude: 41-42-28.00 N NAD 83 Longitude: 70-17-47.00 W Heights: 80 feet above ground level(AGL) 90 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, flags/red lights-Chapters 3(Marked),4,5(Red),&12. This determination expires on 02/15/2008 unless: (a) extended,revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC,within 6 months of the date of this determination. In such case,the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. This determination is based, in part, on the foregoing description which includes specific coordinates,heights, frequency(ies)and power. Any changes in coordinates,heights,and frequencies or use of greater power will void this determination.Any future construction or alteration, including increase to heights,power, or the addition of other transmitters,requires separate notice to the FAA. Pagel of 3 This determination does include temporary construction equipment such as cranes, derricks, etc.,which may be Y�, used during actual construction of the structure. However,this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State,or local government body. A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance,please contact our office at(781) 238-7522. On any future correspondence concerning this matter,please refer to Aeronautical Study Number 2007-ANE-1402-OE. Signature Control No: 528864-100604980 (DNE) Suzanne Dempsey Technician Attachment(s) - Map(s) Page 2 of 3 Verified Map for ASN 2007-ANE-1402-OE ......... Lon Z,7 V, AK110TA B L 0 own! Toy, oil man eqQ AN, 11014. X Page 3 of 3 01./30/2008 10:28 7814442551 DG02 INC PAGE 03 Federal,Aviation Administration Aeronautical Study No. Air Traffic Airspace Branch,ASW-120 2007-ANE-1402-OE 2601 Meacham Blvd. Foot Worth,TX 76137-0520 11.V [! i ►`�( g t y ,i LE 2C5B FEB - t PCB 3: 5 - Issued Date:01/30/2008 DOUG DOUGLASGEORGE 110 South St. Needham,MA 02492-2762 ** Extension** A Determination was issued by the Federal Aviation Administration (FAA)concerning: Structure: Crane CRANE TO PLACE HOME MODULES Location: BARNSTABLE,MA Latitude: 41-42-28.00N NAD 83 Longitude: 70-17-47.00 W Heights: 80 feet above ground level (AGL) 90 feet above mean sea level(AMSL) In response to your request for an extension of the effective period of the determination,the FAA has reviewed the aeronautical study in light of current aeronautical operations in the area of the structure and finds that no significant aeronautical changes have occurred which would alter the determination issued for this structure. Accordingly,pursuant to the authority delegated me,the effective period of the determination issued under the above cited aeronautical study number is hereby extended and will expire on 07/30/2009 unless otherwise extended,revised, or terminated by this office. This extension issued in accordance with 49 U.S.C., Section 44718 and,if applicable,Title 14 of the Code of Federal Regulations,part 77,concerns the effect of the structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance,or regulation of any Federal,State,or local government body. A copy of this extension will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance,please contact our office at(781)238-7522. On any future correspondence concerning this matter,please refer to Aeronautical Study Number 2007-ANE-1402-OE. Signature Control No: 528864-101515881 (EXT) Suzanne Dempsey Technician Pagel of 2 i °F1HE r Town of Barnstable °^ Regulatory Services • anaxsrnai.e. 9 mass. g Thomas F. Geiler, Director �A i6gq. �0 rfDMA'�p Building Division Thomas Perry, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.ba rnsta ble.ma.us Office: 508-862-4038 Fax: 508-790-6230 June 13, 2008 Law Offices of Paul Revere, III 297 North Street, Suite 336 Hyannis, MA 02601 RE: 25 First Way, Barnstable Map 301 Parcel 043 002 Dear Attorney Revere, This letter is in response to your correspondence of May 29, 2008, regarding the above reference address. In your letter you are asking for the placement of a Stop Work Order for(1) failure to follow the approved Old Kings Highway plans. (2) The subject lot, 25 First Way, merged with 35 First Way. As to point 1, Old Kings Highway plans, the issues which you are raising are insufficient enough to warrant a Stop Work Order. The window that was changed has received a minor modification at the June 11, 2008, meeting. At that time both the contractor and the owner were instructed by Paul Roma, one of the departments Building Inspectors, to make sure they follow the plans and materials list that were approved by Old Kings Highway explicitly. We feel they understand what needs to be done. Point 2 lot merger. This office feels there is no merger of these lots. If there was an obvious merger the Building Permit would not be issued. The conservation issues lie with that department and this office cannot issue a Stop Work Order for Conservation issues. Very/tr ours, Thomas Perry, CBO Building Commissioner JOHN W. KENNEY ATTORNEY AT LAW 12 CENTER PLACE 1550 FALMOUTH ROAD CENTERVILLE, MASSACHUSETTS 02632 TELEPHONE 771-9300 FAX NO. 775-6029 AREA CODE 506 e-mail:john@jwkesq.com� @jwkesq.com January 11, 2008 Mr. Thomas Perry, Building Commissioner Town of Barnstable 200 Main Street Hyannis, Massachusetts 02601 Re: Buildability of Undersized Lot Locus: Lots 146 and 1,48, 25 First Way, Barnstable,, MA Assessor's Map/Parcel: 301/043-002 Land Area: 10,000 square feet Dear Mr. Perry: Please be advised that I have caused the records at the Barnstable County Registry of Deeds to be researched to determine the ownership of Lots 146 and 148 as shown on a plan registered in the Land Court Division of the Barnstable County Registry of Deeds as Land Court Plan Number 17933-A and abutting lots 142 and 144, 145 and 147, 149 and 151, and 150 (a copy of the subdivision plan is enclosed herewith for your review). The following is a summary of my research. However, based upon my research, it is Amy opinion that the lot created by combining Lots 146 and 148 is a grandfathered, buildable lot for zoning purposes because it meets the requirements of Section 240-91 A. The facts regarding Lots 146 and 148 on First Way in Barnstable are as follows: 1. The lots were established on a plan dated August 1939. The plan was registered and a copy filed with the Land Registration Division of the Barnstable County Registry of Deeds on February 21, 1941 as Land Court Plan 17933-A. Lot 146 contained 5,000 square feet of land. Lot 148 also contained 5,000 square feet of land. 2. At the time Lots 146 and 148 were created they were in the Residential zoning district. There were no minimum bulk regulation requirements. Mr. Thomas Perry, Building Commissioner January 11, 2008 Page 2 Re: Lots 146 and 148, 25 First Way, Barnstable, MA 3. In 1956, by Article Number 42 of the Barnstable Town Meeting, the zoning district in which Lots 146 and 148 lie was changed from Residential to Residential A-1. The minimum lot size in the Residential A-1 zoning district was 7,500 square feet. Lots 146 and 148 were owned in common at the time of this zoning change. Neither lot meet the minimum requirements of the Residential A-1 zoning district and the lots merged to form one lot. 4. Also combined to create individual lots were abutting Lots 142 and 144, 145 and 147, and 149 and 151. Abutting Lot 150 remained a separate lot. 5. In 1972, by Article Number 127 of the Barnstable Town Meeting the zoning district in which the lots lie was changed from Residence A-1 to Residence B. The minimum lot size in the Residence B zoning district was 10,000 square feet. Bulk regulations further required a lot to have twenty feet of frontage and 100 feet of width. Lots 146 and 148, combined, met the requirements of the Residence B district. 6. On or about March 29, 1982, John A. Blake and Edna M. Blake acquired title to the subject Lots 146 and 148 as well as abutting Lots 142 and 144. At the time of their acquisition by the Blakes in 1982, Lots 146 and 148 combined met the minimum requirements of the Residence B zoning district in which they were located. Lots 142 and 144 combined also met the minimum requirements of said zoning districts. 7. On or about September 12, 1983, by a deed registered with the Land Court Division of the Barnstable County Registry of Deeds as Document No. 319,709, John A. Blake and Edna M. Blake conveyed ownership of Lots 146 and 148 into Edna M. Blake individually. 8. On February 28, 1985, by Article I of the Town Meeting of the Town of Barnstable, the minimum lot area in the Residence B zoning district in which the subject lots are located was increased to one acre. 9. Neither Lots 146 and 148, combined, nor Lots 142 and 144, combined, met the increased Bulk Regulations for lots located in a Residence B zoning district as imposed by the February 28, 1985 zoning change. However, at the time of this zoning change, the lot created by combining Lots 146 and 148 (owned by Edna M. Blake) and the lot created by combining Lots 142 and 144 (owned by John A. Blake and Edna M. Blake) were in separate ownership. Mr. Thomas Perry, Building Commissioner January 11, 2008 Page 3 Re: Lots 146 and 148, 25 First Way, Barnstable, MA 10.From the date of their acquisition in 1982 of Lots 146 and 148 and Lots 142 and 144, neither John A. Blake nor Edna M. Blake ever owned an interest in any of the other abutting lots shown as Lots 145 and 147, 149 and 151, and 150 on Land Court Plan 17933-A. Additionally, neither Charles E. Coakley nor Mary Jane Coakley, the present owners of Lots 146 and 148 have ever owned an interest in any of the other abutting lots or in Lots 142 and 144. 1 enclose a copy of my rundown schedules plus the deeds to the subject Lots 146 and 148 and abutting Lots 142 and 144, 145 and 147, 149 and 151, and 150 to establish that the Blakes never acquired an interest in any of the lots except Lots 142, 144, 146 and 148 and that the Coakleys never acquired any interest in any of the lots except the subject Lots 146 and 148. 11.On or about October 30, 1991, by a deed registered with the Land Court Division of the Barnstable County Registry of Deeds as Document No. 541,420, Edna M. Blake conveyed ownership of the subject lots, Lots 146 and 148, to John A. Blake and Edna M. Blake, Trustees of Bay Realty Trust. 12.At the same time, on or about October 30, 1991, by a deed registered with the Land Court Division of the Barnstable County Registry of Deeds as Document No. 541,417, John A. Blake and Edna M. Blake conveyed title to abutting Lots 142 and 144 to John A. Blake and Edna M. Blake as Trustees of Village Realty Trust. 13.Bay Realty Trust is a nominee trust. The Trustees, John A. Blake and Edna M. Blake, hold mere legal title to the property. Section Four of Bay Realty Trust defines the powers of trustees and makes it clear that the trustees have no power to deal in or with the trust estate except as directed by all of the beneficiaries (see Section 4.2). The beneficiary of Bay Realty Trust is John A. Blake and Edna M. Blake, Trustees of the Edna M. Blake Trust of October 30, 1991. 14.Village Realty Trust is a nominee trust. The Trustees, John A. Blake and Edna M. Blake, hold mere legal title to the property. Section Four of Village Realty Trust defines the powers of trustees and makes it clear that the trustees have no power to deal in or with the trust estate except as directed by all of the beneficiaries (see Section 4.2). The beneficiary of Village Realty Trust is John A. Blake and Edna M. Blake, Trustees of the John A. Blake Trust of October 30, 1991. Mr. Thomas Perry, Building Commissioner January 11, 2008 Page 4 Re: Lots 146 and 148, 25 First Way, Barnstable, MA 15.The Edna M. Blake Trust of October 30, 1991, as amended, is a revocable, inter vivos estate planning trust. The Donor is the principal beneficiary of the trust. Edna M. Blake is the "Donor" of the trust. Section II of the trust gives the Donor the right to amend or revoke the trust. Section VII of the trust sets forth the powers of the trustees. Section Vll C. provides that "the Trustee shall manage real property as the Trustee shall deem best." Section VII C. further provides that "The Trustee shall have no duties to perform or obligations to assume with respect to any real estate. . ., unless so requested, so long as either the Donor, or the Donor's spouse, is occupying the property as a home or personal residence," or the Donor becomes "either mentally or physically incapable of attending to business affairs. . ." 16.The John A. Blake Trust of October 30, 1991, as amended, is a revocable, inter vivos estate planning trust. The Donor is the principal beneficiary of the trust. John A. Blake is the "Dcnor" of the trust. Section II of the trust gives the Donor the right to amend or revoke the trust. Section VII of the trust sets forth the powers of the trustees. Section VII C. provides that "the Trustee shall manage real property as the Trustee shall deem best." Section VII C. further provides that "The Trustee shall have no duties to perform or obligations to assume with respect to any real estate. . ., unless so requested, so long as either the Donor, or the Donor's spouse, is occupying the property as a home or personal residence," or the Donor becomes "either mentally or physically incapable of attending to business affairs. . ." 17.A copy of Village Realty Trust with the Schedule of Beneficiaries attached, Bay Realty Trust with the Schedule of Beneficiaries attached, The Edna M. Blake Trust of October 30, 1991, the First Amendment To The Edna M. Blake Trust, The John A. Blake Trust of October 30, 1991, and the First Amendment To The John A. Blake Trust are enclosed herewith for your review. 18.A copy of an Affidavit signed by Edna M. Blake which provides that Edna M. Blake and her husband John A. Blake have: a) Since they acquired Lots 146 and 148 and Lots 142 and 144 in 1982, kept Lots 146 and 148 combined as one vacant lot and continuously used Lots 142 and 144 combined as one lot, as a "home or personal residence"; b) Not requested the Trustee(s) of the Edna M. Blake Trust of October 30, 1991 to perform any duties or assume any obligations with respect to their "home or personal residence" on Lots 142 and 144; and Mr. Thomas Perry, Building Commissioner January 11, 2008 Page 5 Re: Lots 146 and 148, 25 First Way, Barnstable, MA c) Not been deemed to be "mentally or physically incapable of attending to business affairs. . . " 19.Based upon the foregoing, it is my opinion that Edna M. Blake, individually, has "control" of Lots 146 and 148. 20.Based upon the foregoing, it is my opinion that John A. Blake and Edna M. Blake as Trustees of the John A. Blake Trust of October 30, 1991 have "control" of Lots 142 and 144. 21.On or about January 30, 2005, by a deed registered with the Land Court Division of the Barnstable County Registry of Deeds as Document Number 990,289, John A. Blake and Edna M. Blake conveyed ownership of the subject lots, Lots 146 and 148, to Charles E. Coakley and Mary-Jane Coakley. 22.Based upon my review of the records at the Barnstable County Registry of Deeds and appropriate truss documents, it is my opinion that Lots 146 and 148, combined into one lot, and having an address of 25 First Way, Barnstable, Massachusetts, is a buildable lot for zoning purposes because it meets the requirements of Section 240- 91A in that: a) The lot is .zoned for single-family residential use and is not held in common ownership with any adjoining land; and f b) The lot has a minimum of 5,000 square feet (Lots 146 and 148 combined have 10,000 square feet) and 50 feet of frontage (Lots 146 and 148 have 100 feet of frontage); and c) Lots 146 and 148 conformed to the existing zoning when they were created; and d) Lots 146 and 148, combined, have been separately owned since 1982 and have been separately owned at the time of every zoning change which made it nonconforming. I request that you issue a building permit to Charles E. Coakley and Mary Jane Coakley to allow for the construction of a single family residence upon Lots 146 and 148, 25 First Way, Barnstable, Massachusetts. Mr. Thomas Perry, Building Commissioner January 11, 2008 Page 6 Re: Lots 146 and 148, 25 First Way, Barnstable, MA Thank you for your anticipated cooperation. If you have any questions concerning the contents of this letter please do not hesitate to contact me. Very truly yours, John W. Kenney, Esq. JWK/mmc Enclosures cc: James Quirk, Esq. Jerome Fletcher, Esq. LAW OFFICES OF PAUL REVERE, III 297 North Street, Suite 336 Hyannis, Massachusetts 02601 (508) 778-7126 May 29, 2008 Thomas Perry Building Commissioner Building Department Town of Barnstable 200 Main Street Hyannis, Massachusetts C-2601 Patricia Anderson s Chairman f� Old King's Highway Regional Committe - 200 Main Street Hyannis,Massachusetts 02601 RE: Request for Stop Work Order , 25 First WaY,Barnstable 02601 (Land Court Plan 17933, Lots 146, 148) Assessor's Map 301 Parcel 43002 Dear Mr. Perry and Ms. Anderson This letter requests that the building department issue a stop work order for ongoing construction at 25 First Way,Barnstable,,Massachusetts 02630(the"Property")for the reason that:(i)the lot had merged with an adjacent lot for purposes of zoning; and (ii) the plan in the building permit is substantially different than the plan approved by Old King's Highway. Lot Merger In July, 2007, I sent a letter to Tom Perry regarding the Property which I concluded that it had merged creating a single building lot with an adjacent lot known as 35 First Way under both the Zoning Act and the Town's Zoning Ordinance. I wrote the letter because a plan for the Property had recently received Conservation Commission and Old King's Highway approval and expected that a building permit application would soon be forthcoming. The letter stated that the lots(25 and 35 First Way)had become a single lot for purposes of zoning as they both had the same owners from 1991 to 2005. These owners were John and Edna Blake (a husband and wife)who owned the lots as trustees of two trusts. I noted in my letter that Section 240-91 F of the Town's Zoning Ordinance requires that the lots be treated as a single lot if they under either under common ownership or common control,and any transfer or change to the merged lots requires a special permit. In response 1 to my letter, Mr. Perry denied a building permit for the Property in September,2007. Apparently in response to this denial,Attorney John Kenney wrote a letter to Mr.Peary on January 11 2008 where he argued that the Property is a dfathered lot entitled to a building permit. Mr. > � P rty � g Kenney agreed that the Blakes owned both of the lots as explained in my letter,but argued that the details of two secondary unrecorded revocable trusts placed the lots in separate control. In particular, he explained that the beneficiaries of the two recorded trusts that own the lots were Edna and John Blake as trustees of two additional unrecorded revocable trusts. Mr.Kenney argued that the trustees, John and Edna Blake,of these second layer trusts actually do not control one of the lots because the terms of the trust provide that real estate"occup[ied]"as a"home or personal residence"is under the control of the grantor of the Trust. Mr.Kenney's letter was cryptic and very confusing on this point for three reasons. First,he argued that the Property(referred to as lots 146, 148 in Mr. Kenney's letter)was being used as residence for Edna Blake and,therefore, is not under the control of the trustees. However,the Property is a vacant lot. Second,he argued that 35 First Way,a property which has a house,is under the control of the trustees because it isn't being used as a residence. Obviously,neither argument makes sense. While this may merely be a typographical error, Mr. Kenney needs to correct it and properly designate lots for his explanation to demonstrate that the lot qualifies for a building permit. Furthermore, Mr. Kenney needs to explain why"control"is important when the Town Ordinance uses the disjunctive and states that lots in the same"ownership or control"are merged under Section 240-91 F. Third and finally,Mr.Kenney letter states that"donor"for one of the secondary trusts is Edna Blake and the donor for the other Trust is John Blake. The latter trust for which John Blake is the donor owns 35 First Way which is the parcel with the existing house. However,the title history shows that the property was transferred 10 the trust by a deed from Edna and John Blake,not a deed from John Blake. Mr. Kenney's letter needs to explain how Mr. Blake can individually place this parcel into a trust when he has never owned the parcel individually. Furthermore,the deed demonstrates that the adjacent lots are under the same control as both John and Edna Blake are acting together in a common scheme of development. In summary,I have reviewed the material relating to the recent issuance of a building permit for 35 First Way and see nothing in Mr. Kenny's letter which demonstrates that the Property need not obtain zoning relief to be a separate building lot as set forth in Mr. Perry's letter.' Furthermore, given recent unrest in the building department, a review of the circumstances surrounding the issuance of the permit is in order. 'In this regard,you should know that the Town took the position that Mr. Dugas owned two adjacent lots in this neighborhood less than ten years ago even though one lot(his home)was owned by Mr. Dugas and his wife and the adjacent lot was owned by CSR Management, Inc., a company of which Mr. Dugas is the sole shareholder. 2 Old King's Highway As part of my review, I looked at the approved building plans. I immediately noticed that the elevations included three plan changes which post-dated the Old King's Highway Committee's approval. I have attached a copy of the elevations approved by Old King's Highway and the plans approved in the building permit. My cursory review shows at least ten changes between the plans including the addition or removal of three windows and changes to the overhangs of the roofline and appear to not have the required siding or divided light windows. These changes are marked on the attached plans and should have prevented approval of the building permit.' Conservation Matters All topsoil and vegetation has been removed from the Property. The area is wholly within the flood plain and should be reviewed for compliance with its order of conditions. Conclusion Substantial issues exists as to whether a building permit should have been issued without further review by either the building department,the zoning board of appeals, or the Old King's Highway Committee. I believe that,at,a minimum,the building permit should be revoked on the basis of the changes to the Old King's Highway plans and,further,the Building Department should review the zoning status of the Property.' 'In addition, the complete stripping of the lot of all vegetation appears to be inconsistent with the Old King's Highway approval. 'The Building Department file also shows that the construction supervisor's license for the builder has expired. 3 r I understand that this matter is under review in the Town Attorney's office and it may take some time for that office to complete its review. While that review is ongoing construction continues including the stripping of all top soil from the lot,construction of foundation footings,and the cutting down of all vegetation on the lot. A stop work order would prevent further damage to the property and maintain the status quo. Such an order will also prevent further expenditures by the Property's owners. Therefore,I request that the Building Department issue a stop work order for the Property. Very truly yours, Paul Revere,III cc: John Klimm Conservation Department Ruth Weil Thomas Rugo 4 PRWECL NO. SERAL N0. CONTINUOUS RIDGE VENT 07-068 CONTINUOUS RIDGE VENT 4.56251Z12 - 2 8 _ t PORCH ROOF BY PLH a 3.59 _ - ® � 0.47E OESLRIPRON.. Bf Of/19 07 /Q7 BOC BCC . I�I'� � � ■ 04/26 �RtY15�0�6 � ice;;yy GRADE GRADE -FRONT ELEVATION RIGHT ELEVATION CONTINUOUS RIDGE VENT 124.5625 CONTINUOUS RIDGE VENT Iy tt22 ._ 047E PROOUCf10N By 4 T ® BUILDER:_ DILAGAF CONSTRAXPON JOB NAME_. „ COAKIY MODEL: CUSTOM CAPE SITE LOCATION: BARNSTABLE, MA J23.5 COUNTY: BARNSTABLE . _ = ZIP CODE:, 02630 ' SEISMIC CATEGORY: B :SNOW LOAD':(P9) 25 psf. ss9,Il {41ND SPEED:(VPu): 90 mpB GRADE ...GRADE GRADE n t GRADE �+* REAR ELEVATION LEIPf'ELEVATION .�����1'V HOMFS'(OMRA71ON PLEASE SIGN&RETURN Po BO%27,AQtPORf RD,S01SGROl7;PA 17W0 NOTES: aPPRWED FOR PEANR DRAWINGS. (57o).T/�-100{ 1(B00)7Be-4754 1. E Y. 2. ALL EXTERIOR RAILINGS, DECKS, AND ACCESS TO GRADE BY OTHERS BUILDER'S SGNUURE ELEVAlM DATE 3. SEE SALES AGREEMENT FOR ALL MATERIALS AND SPECIFICATIONS. uwxxm LN8 °E a10;J07 4/27/2007 1:11:23 PM PROJECT NO SERIAL N0. i 07=068 ----- . // CONTINUOUS RIDGE VENT CONTINUOUS RIDGE VENT 4.56254 1 .12 ...— MFEII a�.PORCH ROOF BY PLH- - 3,z12 DATE DESCRIPRON BY 04/19/07 REVISIONS WS ' ®® ❑P�ull ;�❑�� `III �: 0 1, REVISIONS NBJOPC O6/IB/0 EVSIQNS� SUBS,h�� 07/02/07 D7/10/D7 �.l U.111. II :...... GRADE E GRADE GRADE FRONT ELEVATION RIGHT ELEVATION SIDING ON-SITE BY.OTHERS APPROV Ul IM TEDTIOi1! D TO CONTINUOUS RIDGE VENT QA-CT 24.5.625 CONTINUOUS RIDGE VENT ��� d J 2007 L DATE FRODUCnON 8Y OF LfA&,q�. NC ❑ ❑ ❑ o�� KLRT yGJ',_ .BUILDER: NSTA E, STEN13 3 JOB NAME: COAKLEY II U No 1i31 MODEL: CUSTOM CAPE ,``� SITE LOCATION: BARNSTABLE, MA 122 3 F F!a` G COUNTY: BARNSTABLE Sc7n.� EQ' �� ZIP CODE: 02630 ❑ � B❑ " SEISMIC CATEGORY: ff SNOW LOAD (Pg): 25 psf WIND SPEED (VFN): 90 mph GRADE GRADE GRADE I' PE 1V'GRADE` - O REAR ELEVATION LEFT ELEVATION i( LYON HOMES CORPORATION PO APPROVED (570p742iboiRW MN ,(800)778AB I-4750 PFS CORP ��,� '. \.t: ELEVATIONS ARE SUGGESTIVE ONLY. JUL - 9 ROOT ElEVATIONs ALL EXTERIOR RAILINGS, DECKS, AND ACCESS TO GRADE BY OTHERS °"^" uRe 0ATIO7 SALES AGREEMENT FOR ALL MATERIALS AND SPECIFICATIONS. aPPf�QVAL�IyiIT"iO TO Al F C 0 Y f? ILT FOR 10 --- I B -I o . \\. 7/2007 3:05:.3e. - v w� �I �V Message Page 1 of 2 Perry, Tom From: Klimm, John Sent: Tuesday, May 27, 2008 6:59 AM To: Perry, Tom Subject: FW: First Way Property-- Dugas FYI -----Original Message----- From: revereiii@aol.com [mailto:revereiii@aol.com] Sent: Friday, May 23, 2008 3:22 PM To: Klimm, John Subject: First Way Property -- Dugas Hi John, After talking with Joe Dugas, I am sending this brief note regarding 25 First Way, Barnstable Village to you. Zoning Issues In July, 2007, I sent a letter to Tom Perry regarding this lot in which I concluded that the lot known as 25 First Way (the "Property") had merged creating a single building lot with an adjacent lot known as 35 First Way under both the Zoning Act and the Town's Zoning Ordinance. I wrote the letter on Joe's behalf because a plan for the Property had recently received Conservation Commission and Old King's Highway approval and we expected that a building permit application would soon be forthcoming. The letter stated that I believed that the lots (25 and 35 First Way)had become a single lot for purposes of zoning as they both had the same owners from 1991 to 2005. These owners were John and Edna Blake (a husband and wife) who owned the lots as trustees of two trusts. I noted in my letter that Section 240- 91F of the Town's Zoning Ordinance requires that the lots be treated as a single lot if they under either under common ownership or common control, and any transfer or change to the merged lots requires a special permit. In response to my letter, Mr. Perry denied a building permit for the Property in September, 2007. Apparently in response to this denial, Attorney John Kenney wrote a letter to Mr. Perry on January 11, 2008, where he argued that the Property is a grandfathered lot entitled to a building permit. Mr. Kenney agreed that the Blakes owned both of the lots as explained in my letter,but argued that the details of two secondary unrecorded trusts place the lots in separate control. In particular, he explained that the beneficiaries of the two trust that own the lots are Edna and John Blake as trustees of two additional unrecorded revocable trusts. Mr. Kenney argued that the trustees, John and Edna Blake, of these second layer trusts actually do not control one of the lots because the terms of the trust provide that real estate "occup[ied]" as a "home or personal residence" is under the control of the grantor of the Trust. Mr. Kenney's letter is cryptic and very confusing on this point for three reasons. First,he argued that the Property (referred to as lots 146, 148 in Mr. Kenney's letter) was being used as residence for Edna Blake and, therefore, is not under the control of the trustees. However, the Property is a vacant lot. Second, he argued that 35 First Way, a property which has a house, is under the control of the trustees because it isn't being used as a residence. Obviously, neither argument makes sense. While this may merely be a typographical error, Mr. Kenney needs to correct it and properly designate lots for his explanation to demonstrate that the lot qualifies for a building permit. Furthermore, Mr. Kenney needs to explain why "control" is important when the Town Ordinance uses the disjunctive and states that lots in the same "ownership or control" are merged under Section 240-91F. Third and finally, Mr. Kenney letter states that "donor" for one of the secondary trusts is Edna Blake and the donor for the other Trust is John Blake. The latter trust for which John Blake is the donor owns 35 5/27/2008 f Message Page 2 of 2 First Way which is the parcel with the existing house. However, the title history shows that the property was transferred to the trust by a deed from Edna and John Blake, not a deed from John Blake. Mr. Kenney's letter needs to explain Glow Mr. Blake can individually place this parcel into a trust when he has never owned the parcel individually. Furthermore, the deed demonstrates that the adjacent lots are under the same control as both Jahn and Edna Blake are acting together in a common scheme of development. In summary, I have reviewed the material relating to the recent issuance of a building permit for 35 First Way and see nothing in Mr. Kenney's letter which demonstrates that the Property need not obtain zoning relief to be a separate building lot. Old King's Highway As part of my review, I looked at the approved building plans. Immediately noticed that the elevations included three plan changes which post-dated the Old King's Highway Committee's approval. I have attached a copy of the elevations approved by Old King's Highway and the plans approved in the building permit. My cursory revi:,w shows at least ten changes between the plans including the addition or removal of three windows and changes to the overhangs of the roofline and appear to not have the required siding or divided light windows.These changes are marked on the attached plans and should have prevented approval of the building permit. In conclusion substantial issues exists as to whether a building permit should have been issued without further review by either the building department, the zoning board of appeals, or the Old King's Highway Committee. I believe that the building permit should be revoked on the basis of the changes to the Old King's Highway plans and, further, the Building Department should review the zoning status of the Property. Paul Revere, III P.S. I was shocked to hear of Senator Kennedy's health and you were one of the people who I thought of immediately due to your long relationship withe Senator. Stay informed et connected and more with AOL on phone. , our e.9 -Y_--p _ � 5/27/2008 V �� W OFFICES OF PAUL REVERE, III fC�1 .,0i-<Br r04SYAB'LE ^ 297 North Street, Suite 336 Hyannis, Massachusetts 02601 2 ��J�� O (508) 778-7126 '8 P8 2: 35 y Q June 18, 2007 0- vt5to Thomas Perry Building Commissioner Building Department v Town of Barnstable 200 Main Street Hyannis, ,Massachusetts 02601 RE: Building Permit Application By Coakley For 25 First Way, Barnstable 02601 (Land Court Plan 17933, Lots 146, 148) Assessor's Map 301 Parcel 43002 5 Dear Mr. Perry: I expect that you will be receiving a building permit application within the next few days from Charles and Mary Jane Coakley for a single family home to be constructed on a vacant 10,000 square foot lot referred to as"25 First Way"in Barnstable Village as they have recently received both Old King's Highway and Conservation Commission approvals. I represent Joseph and Edith Dugas immediate abutters to the Property. -I have reviewed the title history and town ordinances in relationship to the Property and believe that it is not eligible for a building permit for a single family residence without zoning relief from the Zoning Board of Appeals as it was held in common ownership with adjacent land following the zoning change which made it non-conforming. Therefore;on behalf of the Dugases, I request that you withhold the issuance of a building permit and declare the Property not eligible for a building permit without zoning relief. Lot Ownership And History The Property is located in an area that has been designated as an RB zoning district of the Town of Barnstable since at least 1985. Currently,under the Town's zoning ordinance,properties in the RB zoning district must have a minimum lot size of one acre(43,560 square feet)and a lot width of 100 feet. The Property consists of two 50 foot wide by 100 foot deep lots for a total of 10,000 square feet and is shown on Land Court Plan 17933A, Sheet 1, as lots 146 and 148. The Property is less than the currently required one acre minimum lot size,but meets the lot width requirement of 100 feet. A property may be grandfathered and need not comply with the one acre minimum if the lot had 50 feet of frontage, 5,000 square feet of area,complied with zoning at the time of the zoning change which first made the Property non-conforming, and was not held in common ownership with 1 TOWN OF adjacent land on or after the date of the zoning change. See M.G.L. ch. 40A, Sec.6;urns Zoning.Ordinance at 240-91.A. 2003 JUPI 18 PPS 2: 35 My review of the title history for the Property demonstrates that the Blakes who owned the property at the time of the zoning change attempted to grandfathered the propel-� � t____thc. e_ provisions,but ultimately were unsuccessful as title later merged with adjacent prope %Ycommon ownership or control. In particular,the RB district required that a lot have a minimum size of 10,000 square feet prior to February 1985,when that requirement was increased to the current 43,560 square feet. Until 1983, the Property was part of a 20,000 square foot parcel which consisted of lots 142, 144, 146,and 148 on Land Court Plan 17933-A. Each of these numbered lots was a perfect rectangle which were 50 feet wide at the road and back lot line and 100 feet deep for a total of 5,000 square feet per lot and 20,000 square feet for the combined land:' In 1983,John and Edna Blake who owned lots 142, 144, 146 and 148 as husband and wife,deeded the Property(i.e.,lots 146 and 148)to Edna Blake,individually.See Barnstable Registry District of the Land Court at Document No. 319,709. This deed separated the 20,000 square foot parcel into two 10,000 square foot parcels-one parcel owned by John and Edna Blake together(lots 142, 144 and hereinafter the "Retained Parcel" (Assessor's Map 301 Parcel 43001)) and the Property (Assessor's Map 301 Parcel 43002)owned.by Edna Blake,individually. Each parcel complied with the applicable zoning as follows: Req. Actual Lots(parcels) Reg.Area Actual Area Req Width Actual Width Front. Frontage 142, 144 10,000 ft' 10,000 ft, 100 ft 100 ft 20 ft 100 ft. 146, 148 10,000 ft, 10,000 ft, 100 ft 100 ft 20 ft 100 ft. In late February, 1985,the Town of Barnstable modified its zoning bylaw to increase the required lot area in the RB District to 43,560 square feet. The enactment of this zoning change made the Retained Parcel and the Property into"non-conforming"lots as they did not meet the minimum lot area requirement. Since both the Retained Parcel and the Property had greater than 50 feet of . frontage and 5,000 square feet of lot area,individually,and were in separate ownership,each lot was eligible for a building permit as it was grandfathered pursuant to See M.G.L. ch. 40A, Sec. 6; 'I have reviewed the taking for First Way as a public road by the Town of Barnstable and concluded that the taking did not reduce the lot area of any of the subject lots. See Barnstable Registry District of the Land Court at Document No. 43,564 (taking). 2 Barnstable Zoning Code at 240-91A.2 f0tYN OF'SARHSTABLE On December 26,1991,the Retained Parcel was transferred from John and Edna Blake,individually, to John and Edna Blake,as trustees of the Village Realty Trust.See BarnstaAUk Ws*I]Fi"1:9t the Land Court at Document No.'541,417(deed)and 541,418 (declaration of trust). Similarly, on December 26, 1991,the Property was transferred from Edna Blake,individually,to John and Edna Blake, as trustees of the Bay Realty Trust. See Barnstable Registry District of tl��kWfmrt-at Document No. 541,420 (deed) and 541,421 (declaration of trust). Thus, after this date, both the Retained Parcel and the Property had the same individuals as owners and merged for purposes of zoning. r On January 3, 2005, the Blakes sold the Property to the Coakleys who should be applying for a building permit within the next few days. See Barnstable Registry District of the Land Court at Document No. 990,289. Application of Law to Facts Grandfathering for a non-conforming lot is lost if the adjacent property comes into common ownership after the effective date of the zoning ordinance under M.G.L.ch.40A. A general purpose of zoning is"to foster the creation of conforming lots . . . [T]his purpose is reflected in the zoning principle that precludes an owner from availing [herself] of a non-conforming exemption unless [she]includes[her]adjacent land in order to minimize the non-conformity."Asackv.Bd. ofAppeals of Westwood, 47 Mass. App. Ct. 733, 736 (1999). "[A]djacent lots in common ownership will normally be treated as a single lot for zoning purposes so as to minimize non-conformities."Seltzer v. Bd. ofAppeals of Orleans, 24 Mass. App. Ct. 521, 522 (1987). While M.G.L. ch. 40A, Sec. 6, . uses the term"ownership",the test is whether the adjacent land is in under common ownership or control.Planning Bch of Norwell v. Serena,27 Mass.App.Ct.689,691 (1989).,A person must use adjoining property which they control to minimize nonconformities even if the adjacent lots were held in separate ownership and control at the time of the zoning change which made them nonconforming,and then later came into common ownership.See Preston v.Bd. ofAppeals ofHull, 51 Mass.App. Ct. 236(2001). In Preston, the court was faced with substantially similar circumstances to those involving the Property. In particular,the two 6,500 square foot lots in Preston were held in separate ownership at the time of the amendment to the Hull Zoning Bylaw which made the lots non-conforming. At a later date,both lots were purchased by the Plaintiff Preston. The court held that only one house could be constructed on the combined lots even though each lot would have been eligible for a building permit if they had been maintained in separate ownership as the lots had merged for purposes of zoning. Preston v. Bd, ofAppeals of Hull, 51 Mass. App. Ct. 236 (2001). F 2I have not attempted to analyze whether the 1983 deed created a non-conformity as to sideyard setbacks. If the 1983 deed did create-a sideyard setback problem, additional zoning issues may exist at the Property. 3 f OWN OF Here,the Retained Parcel and the Property were in separate ownership at the time of e 4M kfe to the minimum lot size from 10,000 square feet to 43,560 square feet in 1?§ 1( opgh {ey still may have been in common control). However,the grandfathering under M.G.L.c .40A,SO 62lost in 1991 when the Retained Parcel and the Property came into common ownership of Blakes in 1991. Thus,the Property is not eligible for a building permit as it was owne-d-with-adiacentpFoe after the date of the zoning change which made it non-conforming under M.G.L. AINUN Similarly, Section 240-91F of the Town's Zoning Ordinance requires that the Retained Parcel and the Property merge for purposes of zoning and provides: Merged lots. Except as otherwise provided herein, lawfully nonconforming lots that are adjoining and held in common ownership,or under the control of the same owner,shall be treated so as to conform so far as possible with th&minimum area requirement`of the'zoning district in which they are located.No lot so merged, or portion thereof,may be changed or transferred in any manner that will increase the degree of nonconformity unless a special permit has first been obtained from the Zoning Board of Appeals.No such special permit may create any additional buildable lot(s). This provision merges the Property and the Retained Parcel for purposes of zoning when the lots came into common ownership in 1991. It also prohibits the transfer of the Property in 2005 to the Coakleys to create a buildable lot unless a special permit is issued. Conclusion The Blakes owned to adjacent 10,000 square foot lots referred to.as the Retained Parcel and the Property in the RB Zoning District. The Blakes separated their ownership prior to the zoning change which increased the minimum lot size to 43,560 square feet in 1985. The lots were grandfathered from the 43,560 square foot requirement until 1991, when the Blakes placed them into common ownership. In 2005, the Blakes sold the Property to the Coakleys (and retained ownership of the Retained Parcel)in 2005. It is expected that the Coakleys will be applying for a building permit as they recently obtained both Old King's Highway and Conservation Commission approval. Based upon the common ownership and control of the Retained Parcel and the Property, the lots have merged for purposes of zoning and is not entitled to a building permit. Please contact me to discuss this letter and whether the Building Department will issue a building permit for the Property. Very truly yours, Paul Revere, III 4 THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) im DATA 1 r T Doc=990s289 01-03-2005 10329 Ctf t=175546 BARNSTABLE LAND COURT REGISTRY QUITCLAIM DEED We, JOHN A. SLAKE and EDlA M. SLAKE, Trustees of Bay Realty Trust under Declaration of Trust dated October 30, 1991 being Document No. 541,421, of 20 Fox Hill Lane, Norwell, Massachusetts 02061 in consideration of Two Hundred Eighty-One Thousand ($281, 000.00) Dollars grant to CHARLES E. COAKLEY and lARY-JANB COAKLEY, Husband and Wife as tenants by the entirety of 341 North Street, Bridgewater, Massachusetts 02324 with QUITCLAIM CovaXANsS, that certain parcel of land situated in Barnstable, in the County of Barnstable, Commonwealth of Massachusetts, more particularly bounded and described as follows: LOTS 146 AND 148 PLAN 17933-A (Sheet 1) So much of said land as is included within the limits of the Way shown on said plan is subject to the rights of all persons lawfully entitled thereto in and over the same. There is appurtenant to said land the right to use the private ways and road shown on said plan and the right to use the bathing thers entitled thereto. a y Said la� aSM1 ;s as set forth in a stipulation ]� p � ����..�.,� ��. � � n this case and Edgar R. Bigelow et a r{ d. z s in this Case on May 5, 1992 being Documei as in force and applicable. There i le Bay Inc. the right to If 'iY:+,ate ST^ 1 t�t � Lti n sv ' install and n � � ���µ_ ,��x-� ailities in, over and upon the ways shown on saidplan, including the right to grant easements to public service corporations for the installation and maintenance of such public utilities. Said land is subject to the rights granted in an easement given to the Cape & Vineyard Electric Company et al, dated April 21, 1947 being Document No. 19,747. Said land is subject to the rights granted in an easement given to the Barnstable Fire District, dated July 11, 1950 being Document No. 43,564. PROPUTY LOCATION: 25 PIRBT WAY, BARNSTABLB, MA -2- For title see Transfer Certificate 'of Title, Document No. 541, 420; Certificate No. 125274. EXECUTED AS A SEALED INSTRUMENT THIS J DAY OF JANUARY, 2005. BAY REALTY TRUST ahn A. Blake, Trustee Edna M. Blake, Trustee COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. January , 2005 On this day of January, 2.005, before me, the undersigned notary public, James H. Quirk, Jr. , personally appeared John A. Blake and Edna M. Blake, Trustees, as aforesaid, proved to me through satisfactory evidence of identification which was a Massachusetts Drivers License, to be the persons whose names are signed on the preceding ent, and acknowledged to me that they 'gned it vo, unt its stated purpose. s ' NOTARY PUBLIC # y• `�''::Q_ My Commission Ex 00.000,TOZ$ :SU03 89.0191 :603 68Z066lm4W0 8L0 :0 20 _ ?ASSACHifSETTS STATE EXCISE TAX 6Z:IS 8 SOOZ-£110O-10 . a 0 BARNSTABLE LANE} COURT REGISTRY A211SI93?! �F?1fi0O aNtll 3181►1SN�tl8 � Date:.O1-03-2005 8 10:29aa XVI 3SIOX3 AWOO 319VISK09 V C1D: {2B Dace. 990289 Fee: $761.02 Cons: $281r000.00 f , CSRTIVICATR OF TRUSTICZS We, the undersigned, being the sole Trustees of the Bay Realty Trust under Declaration of Trust dated October 30, 1991 being Document No. 541,421, having a mailing address 6f 20 Fox Hill Lane, Norwell, Massachusetts (herein the "Trust") herewith make the following affidavit and certification in accordance with the powers and authority set forth and conferred pursuant to the Trust, as well as all other power and authority granted by law: 1) That we are the sole Trustees of the Bay Realty Trust under Declaration of Trust dated October 30, 1991; 2) That said Trust is in full force and effect and has not been altered, amended or revoked since having been recorded herewith in the Barnstable County Registry of Deeds, being Document No. 541,421; 3) That the Beneficiaries of the Trust are all in being, competent, personally known to us, and have acknowledged to us their status as Beneficiaries of the Trust; 4) That we have been authorized and directed by all the Beneficiaries to the Trust to sell and to sign, seal, acknowledge and deliver all documents, including in part a quitclaim deed, relative to the sale of real property located at 25 First Way, Barnstable, MA (Lots 146 and 148) for consideration paid of Two Hundred Eighty-one Thousand and 00/100 ($281,000.00) Dollars. WITNESS our hands and seals this day of January, 2005. BAY REALTY TRUST ;John A. Blake, Trustee Edna M. Blake, Trustee COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. January 3 , 2005 On this V day of January, 2005, before me, the undersigned notary public, James H. Quirk, Jr. , personally appeared John A. Blake and Edna M. Blake, Trustees, as aforesaid, proved to me through sate, y evidence of identification which was a Massachusetts Dri, � �L , to be the persons whose names are si ned on the preceding d acknowledged to me that they sign d it vol n arily fo purpose. NOTARY PUBLI f BpRNSTAUREN RYMEEDS My Commission Expire : �— 1 ' 90� w..., I. EDNA M. BLAKE, of Norwell. 'rlYnoutY. County, Massachusetts. for consideration paid, and in full consideration, of One Lollar (S1.001 grant to JOHN A. HLAKE and EDNA M. BLAKE as Trustees of the BAY REALTY TRUST under a Declaration of Trust dated October 3G, 1991 and recorded herewith of 20 fox Hill Ln., Norwell, Massachusetts, with QUITCLAIM COVENANTS: the land in Barnstable. Barnstable County, Massachusetts, bounded and described as follows: EASTERLY by a Way, fifty (SO) feet; SOUTHERLY by Lot 148. one hundred (1001 feet; WESTERLY by Lot 147. fifty (50) feet; and NORTHERLY by 1,ot 144. one hundred (100) feet. Said land is shown as LOT 146 on a plan hereinafter mentioned. EASTERLY by a May, fifty (50) feet: SOUTHERLY by Lot 150. one hundred (100) feet; : N WESTERLY by Lot 149, fifty (50) feet; and E NORTHERLY by Lot 346. one hundred (100) feet. o Said land is shown as LOT 148 on said plan. a All of said boundaries are determined by the Court to be ° located as shown on plan 17933-A (Sheet 1) dated August 1939. w drawn by Whitney & Bassett, Engineers, and filed in the Land o Registration office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Wok a 54. Page 54 with Certificate of Title No. 8594 and said land is ° shown thereon as LOTS 146 and 148. x a So much of said land, as is included within the limits of the Way shown on said plan, is subject to the rights of all persons w lawfully entitled thereto in and over the same. There is appurtenant to said land the right to use the private ways and road shown on said plan and the right to use the N bathing beach in comron with others entitled thereto. �. m - Ca_d _:rd subject to rights as set forth In a stipulation 0 between the petitioner in this case and Edgar R. Bigelow et al filed with the papers in this Case on May 5, 1942 being Document No. 19,185, so far as the same is in force and = applicable. m D D 0. I 1 T There is reserved to Barnstable Bay Inc. the right to install and maintain all public utilities in, over and upon the ways shown on said plan, including the right to grant easements to public ,service corporations for the installation and maintenance of such public utilities. , Said ;and is subject to the rights granted in an easement given to the Cape & Vineyard Electric Company et al dated April 21. 1941 being Document No. 19,747. Said land is subject to the rights granted in ark easement given to the Barnstable Fire District dated July 11. 1950 being Document No. 21.775. Said land is subject to a Taking of Second Avenue by the Town of Barnstable dated March 18, 1955 being Document No. 41.564. Being the same premises described Barnstable Registry District Certificate o: Title No. 93522. WITNESS my hand and seal on October 30, 1991. FJ)M M. BLAKE COMMONWEALTH OF MASSACHUSETTS NORFOLK. as. October 30. 1991 ; Then personally appeared the above named EDNA M. BLAJ -k 0* and acknowledged the foregoing instrument to be her free ad r � < and deed before me, ti Near Public jVAN LEUff i i - i 3 -opt We, JOHN A. BLAKE and EDNA M. BLAKE, husband and wife, as tenants by the entirety, both of 20 Foxhill Lane, Norwell, Plymouth County, Massachusetts, in consideration of ONE ($1.00) DOLLAR paid, grant to EDNA M. BLAKE of 20 Foxhill Lane, Norwell, FlYMOu[n Cuuucy, Massachusetts, with QUITCLAIM COVENANTS the land in Barnstable (Village), Barnstable County, M,-ssachusetts, , bounded and described as follows: EASTERLY by a Way, fifty (50) feet; I SOUTHERLY by Lot 148, one hundred (100) feet; WESTERLY by Lot 147, fifty (50) feet; and j 1 i NORTHERLY by Lot 144, one hundred (100) feet. 1 Said land is shown as LOT 146 on a plan hereinafter mentioned. f EASTERLY by a Way, fifty (50) feet; SOUTHERLY by Lot 150, one hundred (100) feet; f WESTERLY by Lot 149, fifty (50) feet; and NORTHERLY by Lot 146, one hundred (100) feet. Said land is shown as-M 148 on said plan. All of said boundaries are determined by the Court to be located as shown on plan 17933-A (Sheet 1) dated August 1939, drawn by Whitney & Bassett, Engineers, and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Regis- tration Book 54, Page 54 with Certificate of Title No. 8594 and said land is shown thereon as LOTS 146 and 148. So much of said land, as is included within the limits of the Way shown on said plan, is subject to the rights of all persons lawfully entitled thereto in and over the same. There is appurtenant to said land the right to use the private ways and road shown on said plan and the right to use the bathing beach in cocoon with others entitled thereto. h i Said land is subject to rights as set forth a stipulation between t YREEH, �tcHULTY j g P - AMD HOPKINS, P.G. the petitioner in this case and Edgar R. Bigelow et a1 filed with the ♦rrG&"V*At LAIR papers in this Case on May 5, 1942 being Document No. 19,185, so far as the '-0•8011"' same is in force and applicable. 1M1 ROUTS Ili I RLANlTARLC.RA 11RG10 617.771.4000 There is reserved to Barnstable Bay Inc. the right to install and maintain all public utilities in, over and upon shown on said plan, i including the right to grant. easements to public service corporations f,.r the installation and maintenance of such public utilities. Said land is subject to the rights granted in an easement given to the Cape 6 Vineyard Electric Company et al dated April 21, 1947 being Document No. 19,747. Said land is subject to the rights granted in an easement given to the Barnstable Fire District dated July 11, 1950 being Document No. 27,775. Said land is subject to a Taking of Second Avenue by the Town of Barnstable dated March 18, 1955 being Document No. 43,564. i Being a portion of the premises described in Certificate of Title No. 88340. { WITNESS our hands and seals this 2 day of ,�, e460L 1983. Edna M. Blake /ohn A. Blake COMMONWEALTH OF MASSACHUSETTS ...... - - - Plymouth, .ss. - _. . . --• . . f..2-- . , 1983 Then personally appeared the above-named EDNA M. BLAKE and JOHN A. BLAKE and acknowledged the foregoing instrument to be their free act and deed, before me, Notary PuGblic My commission expires: �II 6'E9ElJ. McMULTY ,•.1 � iv �'0 '4s AKO HOMNS, P.Q A. ATTORNEYS AT l.Atir •`•� '•�!. -_ L P.O. pt Y) t 1M1 ROUT&131 - :^ '}'• S ,-• ;1 FBARNlTABL.i.NA 0"30 Pu r r rNrlb�lal��1 f 1 Sri 1, t 7 We. JOHN A. BLAZE and EDNA M. BLAKE, husband and wife. p A of Norwell, Plymouth, County. Massachusetts, for consideration .aa paid. and in full rcnsideration of Oae Dollar 01.00) grant to JOHN A. BLARE and EDMA M. BLAKE as Trustees of the VILLAGE REALTY TRUST under a Declaration of Trust dated October 3o. i991 and recorded herewith of 20 Fox Hill Ln.. Norwell, Massachusetts, with QUITCLAEl1 COVENANTS: the land in Barnstable (Village), Barnstable County, 'y Massachusetts, bounded and described as follows: NORTHERLY by Lot 140. one hundred (100) feet; EAST'RLY by a Way, fifty (50) feet; SOUTHERLY by Lot 144, one hundred (100) feet; and WESTERLY by Lot 143. fifty (50) feet. , Said land is shown as LOT 142 on plan hereinafter mentioned. EASTERLY by a Way, fifty (50) feet; SOUTHERLY by :,ot 146, one hundred (100) feet; WESTERLY by Lot 145, fifty (50) feet; and 14 s NORTHERLY by Lot 142. one hundred (100) feat. m m Said land is shown as LOT 144 on said plan. c All of said boundaries are determined by the Court to be m located as shown on plan 17933-A (sheet 1) dated August 2939, a drawn by Whitney a Bassett. Engineers, and filed in the LaW c Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registratiop Book 54, Page 54 with Certificate of Title No. 8594 and said land is u shown thereon as LOTS 142 and 144. w I So such of said land, as is included within the limits of the Kay shown on said plan, is subject to the rights of all persons lawfully entitled thereto in and over the same. a There is appurtenant to said land the right to use the private x ways and road shown on said plan and the right to use the bathing beaft in co.~cr. with others entitled thereto. Said land is subiect to rights as set forth in a stipulation between the petitidner 1n this case and Bdgar R. Bigelow at al filed with the papers in this Case on May S. 1942 being Document No. 19,185, so far as the same is in force and a applicable. c 4 0. I ,�r�a S�i✓w� /,ta r/1¢ q l7R33•-q 1� i _' There is reserved to Barnstable Bay Inc. the right to install and maintain all public utilities in, over and upon the trays shown on said plan, including the right to grant easements to public service corporations for the installation and maintenance of such public utilities. Said land is subject to the rights granted in an easement given to the Cape 6 Vineyard Electric company at al dated April 21, 1947 being Document No. 19,747. said land is subject to the rights granted in an easement given to the Barnstable Fire District dated July 11. 1950 being Document No. 27,775. Said land is subject to a Taking of Second Avenue by the Town of Barnstable dated March 18. 1955 being Document No. 43.564. � Being a portion of the premises described Barnstable Registry District Certificate of Title No. 88340. MITN8SS our hands and seals this 38� ,daY of October, 1991. k Jam A. BLAKB EDRA M. BLAKE COMMONWEALTH OF MASSACHUSEM NORFOLK, ss. October =o . 1991 Then personally appeared the above named JOHN A. BLAKE and EDNA M. BLAKE and acknowledged the foregoing instrument to be their free acts and deeds before mej Notary Public MANI A.Li,ThY � - a r i y r Qc1 3,300 I, ROBERT E. FRAZEL, as Executor of the Will of Doris E. Frazel, �_ . Barnstable County Probate Court #61415, by the power conferred on me in said s- r Will, in consideration of SIXTY-EIGHT THOUSAND AND 00/100ths ($68,000.00) DOLLARS paid, grant to JOHN A. BLAKE and EDNA M. BLAKE, husband and wife, as tenants by the entirety, both of 20 Foxhill Lane, Norwell, Plymouth County, Massachusetts, with QUITCLAIM COVENANTS the land in Barnstable, Barnstable r County, Massachusetts, bounded and described as follows: �. EASTERLY by a Way, two hundred (200) feet; SOUTHERLY by Lot 150, one hundred (100) feet; WESTERLY by Lots 149, 147, 145 and 143, two hundred (200) feet; and NORTHERLY by Lot 140, one hundred (100) feet. All of said boundaries are determined by the Court to be located as shown on plan 17933-A (Sheet 1) dated August 1939, drawn by Whitney & Bassett, Engineers as modified and approved by the Court, and filed in the Land Registration Office at Boston, a copy of a portion of which is filed in Barnstable County Registry of Deeds in Land Registration Book 54 Page 54 with Certificate of Title No. 8594 and said land is shown thereon as LOTS 142, 144, 146 and 148. So much of the land herein registered as is included within the limits of the Way shown on said plan is subject to the rights of all persons lawfully entitled thereto in and over the same. There is appurtenant to said land the right to use the private ways and road shown on said plan and the right to use the bathing beach in common with all others entitled thereto. Said land is subject to rights as set forth in a Stipulation between the petitioner in this case and Edgar R. Bigelow et al filed with the papers in this case on May 5, 1942 and being Document No. 19,185 insofar as the same is in force and applicable. Said land is subject to a reservation to Barnstable Bay Inc. of the right to GREEN, McNULTY install and maintain all public utilities in, over and upon the Ways shown on AND HOPKINS, P.C. said plan including the right to grant easements to public service corporations ATTORNEYS AT LAW P. o,SOX 467 for the installation and maintenance of such public utilities. 1441 ROUTE 132 BARNSTABLE. MA 02630 617-771.0900 Said land is also subject to the building and zoning laws of the Town of Barnstable. Said land is subject to an easement to Cape & Vineyard Electric Company et al dated April 21, 1947 and being Document No. 17947, and to an easement to the Barnstable Fire District dated July 11, 1950 and being Document No. 27775. Said land is subject to a Taking by the Town of Barnstable dated March 18, 1955 and being Document No. 43564. Said land is also subject to a sewer assessment by the Town of Barnstable dated March 3, 1981 and being Document No. 278890. For title to Lot 142, see Certificate of Title No. 17486 and for title to Lots 144, 146 and 148, see Certificate of Title N 20105. WITNESS my hand and seal this Z day of �j�c�'l , 1982. Robert E. Frazel, Exec4&r of the Will of Doris E. Frazel COMMONWEALTH OF MASSACHUS Eow T TS Barnstable, ss. Z-9 , 1982 Then personally appeared the above-named ROBERT E. FRAZEL and acknow- ledged the foregoing instrument to be his free act and deed, as Executor o he Will of Doris E. Frazel, before me, �f f No ary ublic GRfiEN, McNULrr aut My commission expires: AND S. P.C. ATTORNEYS A7 LAW P.O. 40X ZAT t1i1 AOU7E lat YARNBTABLfi, MA O1680 p.�le 1 ` B �f� lD $12 � OI7.771000 $ l�, CA -T'._"'� G/! I, _ J l A 7 z. '--' �°-IIA-d ems AFFIDAVIT OF NO DIVORCE -:F>a I. ROBERT E. FRAZEL, grantor in the within deed, and as son of Hugh S. } Frazel and Doris E. Frazel, and as Executor of Doris E. Frazel's will, certify under oath that as of January 27, 1972, the date of death of Hugh S. Frazel, there was no divorce action or annulment action pending or completed between Hugh S. Frazel and Doris E. Frazel. WITNESS my hand and seal this day of March, 1982. Robert E. Frazel COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. March , 1982 Then personally appeared the above-named ROBERT E. FRAZEL and made oath that the foregoing statement subscribed by him_-i true, before Notary Public GREEN, MCNULTY ANo HOPKtNS, P.C. ATTORNEYS AT LAW My commission expires: P.O. BOX b? 1441 ROUTE 132 i BARNSTABLE,MA 02030 j e17.r71 e000 r•, _ c �ALa t. .. ' .';: ��i; Fi TC APR-812_, I .1'5: 15 5: ova G 41= ... .t Lr._a 2My '•�"� a ry C( MNIONWEALTH OF MASSAC;HUSt aS Barnst4Lble ` ss. TO THE PROBATE COURT fNXXLi NO • 'J:E (x) without _ BOND OF Executor ) with Peraarwl Surety (type of fiduciary) ( ) with Corporate Surety Name of $itatd DORIS E. FRAZEL Name and A.Idress of Fiduciary Robert E. Frazel,229 Buckskin Path, Centerville, MA 02632 Estimated Real Estate $30,000 Estimated Personal testate $2,000 Penal Sum of Bond, (d applicable) 4 ' �— 1. Uk. the undersigned fiduciary accept appointment as executor and stand bound—' , , i—ai<bcxbtxxt> j�kdcst>raxlx4erxx►tsdicx—�. to perf,�rm the statutory conditions of said bond and declare the above estimate to be to my—rs best kaoK•ledge and belief. - - . Date March 6, 1,981 r\�\ Signature of Fidodarl Principal Robert E. Frazel, Executor (complete below only if this is a bond with personal sureties) We,the undersigned,as sureties,stand bound jointly and severally in the aforesaid penal sum to perform the statutory condition. Personal curets (name) L E D s4m`* Penional Surety (name) AdWM 10 JU61 Signature i The above sureties are in my opinio' su REGISTRY OF PROBATE fIDAWNSTAKE, MASS. Office Clty or Town (complete below only is this is a Surety Company Bond) We, the undersigned surety company, a corporation duly organized by law under the State of -id having a usual place of business in (Massachusetts addreea) stand bound as surety, in the aforesaid penal sum, to perform the statutory conditim by corporate Surety(name) Signature and Title ' J.��� 21��lt as. examined and approved !�.—tell `-Jut�w Register—of Probate Court AC 26(1/78) Barnstable, ss /4 PROBATE COURT A true copy. certgied: �ti,GCaV/ . L Register i Doc: 1s449s752 11-21-2406 9:11 Ctf;:181644 BARNSTABLE LAND COURT REGISTRY QUITCLAIM DEED I, Catherine Dexter, of 135 South Street,East Dennis,MA 02641, »�- rs �ay _� �iF{,[�Vjj / y 3 ,} 4 In consideration of One and 00/100($1.00)Dollar, sf X Grant to Carla J. Thibeault,of 15 First Way,Barnstable,MA 02630, ��� r , With quitclaim covenants 1 Any and all of my rights,title and interest in the land together with the buildings thereon 1 ' situated in Barnstable,Barnstable County,Massachusetts,and bounded and described as i follows: Easterly by A Way,Fifty(50)feet; Southerly by Lot 152,One Hundred(100)feet; Westerly by Lot 151,Fifty(50)feet; and Northerly by Lot 148,One Hundred(100) feet. All of said boundaries are determined by the Land Court to be located as shown on Land Court Plan 17933-A(Sheet 1)filed with the Land Court at Boston,a copy of which is filed in the Barnstable County Registry of Deeds, and said premises are shown thereon as LOT 150. So much of the above described lot as is included within the limits of Bay View Road and the Ways as shown on said plan is subject to the rights of all persons lawfully entitled thereto,in and over the same;so much of the above described lot as is included within the area marked,"Bathing Beach"as shown on said plan is subject to the rights of all persons lawfully entitled thereto, in and over the same. Said lot is subject to a Stipulation between Elizabeth J.Cobb and Edgar R.Bigelow et al and also subject to the rights of the County of Barnstable to set meridian stones as set out in a deed of Loring Crocker to the County of Barnstable recorded in Book 106,Page 80. There is granted as appurtenant to the above described lot a right of way over Bay View Road and the Ways as shown on said plan in common with all others now or hereafter lawfully entitled thereto. There is granted as appurtenant to the above described lot the right to use the`Bathing Beach"as shown on said plan in common with all others now or hereafter lawfully entitled thereto. For title,see Certificate of Title No. 146494 /,?lr2 4 2 I PROPERTY ADDRESS: 15 First Way,Barnstable,MA. k 1 EXECUTED as a sealed instrument this ,� ay of � 0yt��e-V2006. 1 Catherine Dexter COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,SSS. On this" / day o ,2006,before me,the undersigned notary public,personally appeared Catherine Dexter,provided to me through satisfactory evidence of identification,being(check whichever applies): or other state or federal governmental document bearing a photograph image, ❑ oath or affirmation of a credible witness known to me who knows the above signatory, or❑my own personal knowledge of the identity of the signatory,to be the person whose name is signed above,and acknowledges to me that she signed the foregoing instrument voluntarily of her own free act and deed. Notary Pu i"ZA y commission expires: 0, r % J . TRANSFER dtREMAR41NO OWNERS I, ,grantor in a deed from myself to dated and registered in Barnstable Registry District of the Land Court on , Certificate No. , do hereby on oath depose and say that at the date of registration of said deed the remaining owner(s),namely: were still alive. OR C t� Aftomey for C /3 CP 4-T grantor in a deed from aj& r to C0 L A R QL, L I dated Ala V. /s sb and registered in Barnstable Registry District of the Land Court on Certificate No. ! • 1 Z-6, 2-- , 1 do'hereby on oath depose and say that at the date of registration of said deed the remaining owner(s),namely: Au L f,u t R "L! ! • .�wrv� L S � � were still e.. On this day of 20 G befo me,the undersigtied notary public,personally appeared .� proved to me through satisfactory evidence of i cation Vhich was/were to be the person whose name is signed on tIfi preceding or attached eit;and who.swore or affirmed to me that the contents of the document are truthful and accurate to the best of his/her knowledge and belief. . Public (seal) ELIZA M W.McADAMS My co expires: NOTARY PUBLIC Commoa U b of M ay my CJv"'7�2 a p'"' BANSTABIE REGISTRY OF DEEDS ��004 145 Doc=1s045s$18 10-05-2006 9:52 Ctf-:181262 Q TABLE LAND COURT REGISTRY Thomas Deztw.Wa Thomas Seam Dexter,of P.O.Boor 3 M Bart Dauaik MA 026410 in ooaaidm+nticn of One ad 00/100($1.00)Dollar, }, Oraat to Carls L Thbsu%of 15 First Way,Banstabl%MA 02630, With qm a Any and&U in Bamatab Calmly,Mas edt<,�md bantoded deara�'W" situated follows: Bamecly by A,way,MAY(50)feat soudaly by Lot 1S2,One Hm*04(100)feet; wastatee4 and Nmdm>tiy by Lot Lot 148,Fifty (SOHt *W(100)that. Northerly by . All of said boundwift are determined by the Lend Coact to be located as dmm an Load Co cut Plea 17933-A(8bW 1)l9ledW th the Land Court at Hoeg,a cagy of which is filed in the Hstnaable Canty Rq8jby of ems►and said p uni'e"M.&MM dLai m ea L(3T 1S0• So=wb of fro above dowdbed lot as is WOW within,the limits of Hay View Road and the Ways as shown as said plan is Mwt to the rights of ail peram'"fogy entitled the mto,in and ova do same;so much of the ebm deamfW lot Al is Wtuded within tt area scanted. Beach"as dwim an said pbe is surfed to the d5btl of all pacsm lawMy wi tled thereto,in and owes 60 same. Said lot is mbied to a Sthndadm bdtwom MiZ4Xdl I Cobb and Edfu R.BiPlOw et al and also subject to the rights of the County of Banstable to adt meridian staves ss ad out in a deed of l adq Crodmr to the Cacmty of Barnstable r000rded in Hook 106,Page 80. Thm is p OMSas appu rmaW to the above desmibed lot aright of way over Bay View Road and the Ways as shown as said pl a in oommm with all others now or horoaitar lawfully eatidad tharsto. Them is granted as Wwtmumt to the above described lot to d&to up tbe'Saddng Beach"as dmm on add plan in common with all odaa new or hereafter lawftcllY aoWded . Far tide,see C,eatiflata of Tine No. 180494. PROPERTY ADDRESS: 15 First Way,Barnstable,MA. EXECUTED as a sealed instrument this day of ,2005. Thoinas Dexter Wz -Tham <, Sears DcX� COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. On this . oZ day of AgA14 2005,before me,the undersigned no public,personally appeare Thomas Dexter proved to me through � �'Y P satisfactory evidence of identification,which was MA Driver's License,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that he signed it voluntarily for its stated purpose. No J P �,```�o ,F`,I,•� u c: My commission expires: • wed 9r�+ Notary Public �, b.///�/�••.:, ,s.r--``� Commonwealth of Massachusetts Mrcammisslon Cxpires ►►htt,ti fit ill Jon 3,2t3C8 L APPmAVIr I.Perri J.A.t s,auaaaey far Thamaa Dower We Thown Son Dexter,gigaW in a stood fim ThoW Vemlor 4 da Tbmw Sam bextcr to Carla L Thg=Wt d9ad Ap&28,200s and redieta ed in Bamstabie 1tegisky Datiat of the Laud Court under Cartiflate of Title No. i 80494,do hereby an cal depose and say as follows: 1. That at the date of regiatzatism of said dmd dw rmaiaino own=,namely: Pauline&alley,Jeanne L.St.Peter aid Cdt cdae I)09W.ware atilt alive. 2. That to atantax and Wantee under the aMwbed deed ate;also still hviv& SMW under the p d=and pmalbas of pwjwy.thin __day of October,2006. Pawl k Esq.,BBO#561010 [ia:nis�lc ,P.C. 32 Main Hyamds,MA 02601 508-771-2320 BARNSTABLE REGISTRY OF DEEDS D0C=1s038s185 06-30-2006 2=4q Ctf 0:180494 RY COMMONWEALTH OF MtkMMd"§M LAND ��. LAND COURT MIS DEPARTMENT OF THE TRIAL COURT e4pjZ CASE NO. 06-SBQ-17933-03-001 Upon the petition of Jeanne L.St.Peter representing that Augustine Thibeault was the surviving registered owner in Certificate of Title No. 14532 issued from the Barnstable Registry District; �+ and representing that said Augustine Thibeault held property as a tenant by the entirety with Alex J.Thibeault,who died on January 23, 1979; t and further representing that the death of said Augustine Thibeault,testate,on April 4, 1988,and 1 will b the Probate and Family Court,Barnstable Division,in said Commonwealth; the allowance of her y and further representing the death of said Lucille Dexter,intestate,on March 3, 1995,and the administration of her estate by the Probate and Family Court,Barnstable Division,in said Commonwealth; and further representing the death of said Thomas Sears Dexter,intestate,on May 3, 1995,and the administration of his estate by the Probate and Family Court,Barnstable Division,in said Commonwealth; and further representing the death of said Walter A.Dexter,intestate,on June 11,2003,and the administration of his estate by the Probate and Family Court,Barnstable Division,in said Commonwealth; and praying for a new certificate of title,after due proceedings,it is ORDERED:that said Certificate of Title No. 14532 be cancelled and a new certificate of title for the land described therein be issued as follows: An undivided 4/12 interest to Pauline Bradley,of Hyannis; An undivided 4/12 interest to Jeanne L.St.Peter,of Marstons Mills; An undivided 3/12 interest to Thomas Sears Dexter; An undivided 1/12 interest to Catherine Dexter,both of East Dennis,all in the County of Barnstable and said Commonwealth of Massachusetts. By the Court. Attest: Deborah J.Patterson Recorder Dated:May 18,2006 A TRUE DOPY AT L" 81 Willimantic Drive,Marston Mills,MA 0 JLSP: 3 R� PB: Franklin Avenue,Hyannis,MA 02601 ORMR TSD: 135 South St.,P.O.Box 312,East Dennis,MA 02641 CD: 135 South Street,East Dennis,MA TO BE REGISTERED WITH THIS ORDER: 1. Death Certificate of Alex J.Thbeault 2. Affidavit of No Divorce Re:Alex J.Thibeault SRG/acp BARNSTABLE BAY/114C., a corporation duly organized under the laws if the Commonwealth of Yessachusetts and Navin^ a prin- cipal place of business at Denn's, Barnsta'-le County, E:assachu- setts, for consideration paid, 7rants to ALSX 2. ITUBEA!AT and AUGUSIMIE 7a BEACLT, husband and wife as tenants by the entirety, both of :)arnstable, Barnstable County, Massachusetts, with QUITCLAIM COVENANTS, the lard together with the buildings thereon situated in Barnstable, Barnstable County, Vassacsmsetts, and bounded and described as follows; Easterly by a :lay, Fifty (50) feet; Southerly by Lot 152, One Hundred (100) feet; Westerly by Lct 151, Fifty (50) feet; and Northerly by Lot 148, One Hundred (100) feet; All of said boundaries are detervined by the Land Court to be located as shown on Land Court Plan 17933-A (Sheet 1) filed with the Lead Court at %oston, a copy of which is filed in the Barnstable County Registry of Deeds, and said promises are shown thereon as LOT 150. So much of the above described lot as is included within the limits cf Bay View Road and the Wsys as shown on said plan Is subject to the ri,vhts of all perscns lawfully entitled thereto, in and ovar the same; sn much of the alyove described lot as is 'Included within the area marked, "Bathing Beach" as shown on said plar. is subicct to the rights of all persons lawfully entitled thereto, in ane over the same. Said lot is subject to a Stipulation between Elizabeth 1. Cobb and Fdgar R. Figelow et al and also subject to t••e rights of t1he County of -)arnstable to set meridian stones as set out in s deed of Loring Crocker to the County of Barnstable recorded in Book 106, Pape 80. There is rranted as appurtenant to the above arscribed lot a right of,way over Bay View Road and the Nays as shown on said blan in common with the Grantor and allothers now or here- after lawfully entitled thereto; Reserving to the Grantor a right of way over so much of said lot as lies w'. thin tie limits of the Ways as shown on said plan; Reserving also the the Grantor the right to 'Install and maintain all public utilities in Bay View Road and the , ys as shown on said plan; Reservint; also the right to grant easements to public service corporations for the Instal- lation and maintenance of public utilities. T!eerc is ~ranted as arpurtenan, Lo ties moss UVEUi'.Iea lot the right tc use the "Bathin7 beach" as shown on said plan in common with the Grantor and all others now or hereafter law- fully entitled thereto.. For the Grantor's title, see Land Court Certificate of Title No. 12397 filed In the Land Registration Office -.t Barn- stable in ReCist ra ti on Book 66, Pare 17. IN WITNESS aHMOF, Barnstable Bay./Inc. hqs caused its corporate seal tc be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by HENRY F.SMITH A7I011iR AT LAW 242 M.."lTat" M IAkh%.RAU. f M. Jao@s Sproul, its ?measurer hereunto duly authorized this ,3p� day of , 1852. Oc o er BMSTABLE BAYOrIhTC. ,A ftj xBy ---- Treasur 3 3 • •� COWOVS—EALTE OF Y•ASSAC`?USET^S r` '•3A�iUTABM as. TANUAFX 1952 Then personally appeared the above named L: . James Sproul, treasurer as aforesaid, and acknowledged the foregcng instru- ment to be the free act and deed of Barnstable bay.,/Inc., , Before we, ,a ota �(Public bis My commission expires: --MW —. t® Elm- .!TI F-w wig HENRY F.SM17H MTtMM/AT LAW 1.2 r.1w....n MYARMIS.MASS. 1 f ysl, sP3 } n ... AL womnu,LLaOft We, Edith W. Dugas, Melinda Sue Dugas and Marcy Susan Dugas all a �t4 Barnstable, Barnstable County, Massachusetts and, Michael Scott Dugas of Fall River, Bristol C.a;nry,Massacbuser) being mmm.rnird,foi comideration p&A and in full considtrtiim of One Dollar grant ro Joseph F. Dugas and Edith W. Dugas, husband and wife, as c�cc�s by the entirety of Barnstable, Barnstable County, Massachusetts with quitflaim f0ntoaub 30 Sw..ts+ Lgwa�$Aw�•slta.�h1A 4i1i.;o the land in Barnstable 1DscePcioo sod mtcmbnnra,i(w7] in the County of Barnstable and said Commonwealth of Massachusetts, bounded and described as follows: NORTHWESTERLY by a Way, one hundred (100) feet; NORTHEASTERLY by Lot 143, one hundred (100) feet; SOUTHEASTERLY by Lot 144 and 146, one hundred (100) feet; and SOUTHWESTERLY by Lot 149, one hundred (100) feet. All of said boundaries are determined by the Court to be located as shown on plan 17933-A (Sheet 1) dated August 1939, drawn by Whitney 6 Bassett, Engineers, as modified and approved by the Court, and filed in the Land Registration Office at Boston, a copy of a portion of which is filed in Barnstable County Registry of Deeds in Land Registration Book 54, Page 54 with Certificate of Title No. 8594 and said land is shown thereon as Lots 145 and 147. So much of said land as is included within the limits of the way shown, on said plan is subject to the rights of all persons lawfully entitled thereto in and over the same. There is appurtenant to said land the right to use the pri%,ate ways and road shown on said plan and the right to use the bathing beach in common with others entitled thereto. Said land is subject to rights as set- forth in a stipulation between the petitioner in this case and Edgar R. Bigelow et al filed with the papers in this case on May 5, 1942 and being Document No. 19,185. There is reserved to Barnstable Bay Inc., the right to install and maintain all public utilities in, over and upon the Way shown on said plan including the right to grant easements to public service corpora- tions for the installation and maintenance of public utilities. Said land is subject to the rights granted in an easement given to the Cape ti Vineyard Electric Company et al dated April 21, 1947 being Document No. 19,747. Being the prenises described in Certificate of Title No. 64887 registered with the Barnstable Registry District of the Land Court in Registration Book 523, Page 47. t�� ('individual—Jaim Tawts—Tmmts in Cameo.) ik Q Mt11uflr . our hinds and seal s this day of .......Apri 1 ,19 88 .... .... . .... .. ....... ... it ug .... . ... .. ....... . .......... .............. �164 114 Me 'nda Sue as ^ Miii¢ Michael Scott Dug s I �qr Q[arauwaarralta of f�aaearkueette April?l 1988 Thm personally appeared the above named Edith W. Dugas and acknowledged the foregoing instrument to be her free act and deed,before me ........... . ...:.Pine,..t� ... .................................... NotaryFublic—Jusrice of the Peace My ......%....... r9 aI+ B PROM FOR REOfSTRATIM —151-4 C11Af7'Eft it)SEC 6 AS AMENDED BY GLAFTF3 497 OF 190 Every deed prese,unl for neon{shall conuin of have eadotsed upon it the full owe,sesidemc and post office address of the grantee and a recital of the amount of the full considernim thereof in dollars as the nature of the other consideration Therefor,if not delivered fora specific mocietary sum.The full ronsidentim"wean the marl price for the eonveyam a without deduction for any hens or emunthranees tutmted by the grantee or remarmoa thereon. All swb endorscinvots and mitals 4all br recorded as pan of the deed Failure to comply with this section shall not affect the vtlidity,of say deed. No tepster of deeds still swept a deed for taordmE fatless it is in compliance with the aquiranems of this se tim. l ' - -- - aawaewwnra awraww a®wran!eaa trans roRr, wa We, Joseph F. Dugas and Edith W. Dugas, Trustees of Modern Realty Trust under a Declaration of Trust dated October f, 1961, and recorded with the Essex South District Registry of Deeds in Book 4827, Page 477. xY X"1Xut36trist:ttY being unmarried,for consideration paid,and in full consideration of One Dollar grant to Edith W. Dugas, Melinda Sue Dugas and Marcy Susan Dugas all • of Barnstable, Barnstable County, Massachusetts, and Michael Sco,:� 2Dugas of Fall River, Bristol County, Massachusetts, as tenants in corm ,.. io ?Kh�W �.�.. s-aA.•�s�►�4 s�M�► 02(.2• with gniltlsim favrnants ibelandin Barnstable Dbrri;Kios aad acumbruKa,if err) in the County of Barnstable and said Commonwealth of Massachusetts, bounded and described as follows: NORTHWESTERLY by a Way, one hundred (100) feet; NORTHEASTERLY by Lot 143, one hundred (100) feet; SOUTHEASTERLY by Lot 144 and 146, one hundred (100) feet; and SOUTHWESTERLY by Lot 149, one hundred (100) feet. All of said boundaries are determined by the Court to be located as shown on plan 17933-A (Sheet 1) dated August 1939, drawn by Whitney & Bassett, Engineers, as modified and approved by the Court, and filed in the Land Registration Office at Boston, a copy of a portion of which is filed in Barnstable County Registry of Deeds in Land Registration Book 54, Page 54 with Certificate of Title No. 8594 and said land is shown thereon as Lots 145 and 147. So much of said land as is included within the limits of the Way shown on said plan is subject to the rights of all persons lawfully entitled thereto in and over the same. There is appurtenant to said land the right to use the private ways and road shown on said plan and the right to use the bathing beach in common with others entitled thereto. Said land is subject to rights as set forth in a stipulation between the petitioner in this case and Edgar R. Bigelow et al filed with the papers in this case on May 5, 1942 and being Document No. 19,185. There is reserved to Barnstable Bay Inc., the right to install and maintain all public utilities in, over and upon the Way shown on said plan including the right to grant easements to public service corpora- tions for the installation and maintenance of public utilities. Said land is subject to the rights granted in an easement given to the Cape 6 Vineyard Electric Company et al dated April 21, 1947 being Document No. 19,747. Being the premises described in Certificate of Title No. 64887 registered with the Barnstable Registry District of the Land Court in Registration Book 523, Page 47. 01n&idual—Joint Tmmm—Tmatt in Common.) - t.I., 10 T4 147 #. 1793?-A r,l f) r 19tiltrSs our hang and seals this day of aY April . ... QfsJ ... ... ............. .... ...... T /tWe . q ... .......... g F,F? ustee ffil+r Osnnfmnttuualtq cd laawlrlryselir SL April Al 1988 Ilan petsorully appeared the above named Joseph F. Dugas, Trustee and admowledged the foregoing instrument to be his free act and ddc4 before me `1..IQ... ............. .. ..................... \Naafi Puulic—Justice of the Pncn 4erWitesa .�................ 1�Y' APPROVED FOR REGISTRATION BY THE COURT CHI r%E EXA WER CHAPIU 183 SEC 6 AS AMENDED BY CHAPr}i 697 OF 190 Every deed presented for record shall contain of have ehdotsed upon it tht full rime,tc f&Ke and pass O&V addtext of she grantee and a recital of the amount of the full coosideratioe thereof in dollars or the mtum of the other consideration thenior,If not M wmd lot a specify monetary sum.The full consideration shall meats the total price for the mnvgan,e without dedu.tmo f..t any Itms at encutnbrasnes assumed by the grants of temainutS thereon. All auch embneamts toil muds shill b,mcorded as part of the deed FWlure to comply with this sectiao shall not aged the validity of Day dtsnf. No moister of deeds shsU atapt a deed for rnvrdtog.mltss it is in.ompliance with the mquirtsntau of this section. I I l -. - - - - 4c, .Joseph F. Dugas and Edith W. ::,.bLz, husLand and wife, hots of Aerrimac, Esser (,,only 4Ia .,a, in cunsidrr:,:iurt of One Oollar) graitt to Joseph F. Uugas, Trustee of Aodern Realt-i Trust under :a of Trust, dated October 5, 1961, recorded with Essex*Sout!. '-- • .;_.- J.eds, Boor: 4927, Nge 477, as amen.led of record :n ^i'.•! of 'Ierrimic, Essex Court , :assachu!:,:tts 01 the lard in , with quarlaurt raurnanls Barnstable (l illage), Barnstable County, 'lassachusetts, ':o-tr.-Aed any described as follt)ws: F[ `:ORTMESTERLY by a hay, 100 feet; NORTHEASTERLY by Lot if 143, 190 feet; SbUTHMSTFRLY by Lots $ 144 and " 146, 109 feet; and SOUTHWESTERLY- by Lot' 149, 100 feet- C. = ? ALI. of said boundaries are determined by the Iand Court to be locatee as short ^— on Plan 17933-A (Sheet 1) dated August 1939, drawn by Whitney 5 Bassett, rnpineers, as modif4.ed and approved by the Land Court, and filed in the Land Registration Office' at Boston, a copy of a portion of winch is filed in Barnstable County Registry of Deeds in Land Registration, Book 54, Page 54, with Certificate of Title No. °504 and said land is shown thereon as Lots # 145 and n 147. I( SO MUCH of the lots herein described as is included within the limits of the Way shown on said plan is subject to the rights of all persons lawfully entitled thereto in and over the same. There is appurtenant to said lots the right to use the private ways and road W shown on said -)lan and the right to use the bathing beach in common with others entitled thereto. Said lots are subject to rights as set forth in a stipulation between the petitioner in this-case on `fay 5, 1942, and being Document No. 19,183. There is reserved to Barnstable Bay, Inc. the right to install and naintain all public utilities inn over and upon• the ldativ s4gjo oa_Aa1LplaA including the..ziglxt .to grant easements to public service corporations for the installation and maintenance of public utilities. Being the same premises described in Certificate of Title No. 4292^. Subject to a Mortgage to the Pentucket rive Cents Savings Bank, recorded on July 12, 1974. auC LNttaid,3CritiJ:i ♦v, t11 uce,. ,.c ng nomauaa, T,J deed stammp5 C,.,. ..� fired. No examination of Title requested. Executed as a scaled instrument this L day f 19 75 tills(LalnntnLtwraitil of Awilarlluorttu i 1:SSF_X, J 1-17 o [lull Pe,aottelh at,tw•arcd the above ntttntKI Joseph F. rhtgas and Editll V Dugas j i ! nun.,,l„,.��lo.l¢.•,l till-Iwcgun,g n,.hu,ncul to be thoir Itcc a,.t and deed. BOUr6 mC, 1'Ja2v11�YJi7iaY•1Ji+=: M% canunr%.t,11 y9L r t.�l,�_ 2 t' �' f DOC1601,182 p5-25-2000 10,52 CTF0 1577E8 BARNSTABLE LF04D COURT REG1O QUITCLAIM DEED C.S.R. Management.Inc.,a Massachusetts corpor#tion, of 275 Millway,Barnstable, MA 02630. In consideration of Two Hundred Five Thousand and 00/100($205,000.00)Dollars, Grant to Theresa C.Foley,individually,of 242 Eatt Street,West Bridgewater,MA 02379, With quitclaim covenants That land situated in Barnstable,in the County of Barnstable and Commonwealth of Massachusetts,bounded and described as follows: LOTS 149 and 151 PLAN 17933-A($heet 1) r So much of said land as is included within the limits of the Way shown on said plan is subject to the rights of all persons lawfully entitled thereto in and over the same. There is appurtenant to said land the right to use the,private ways and road shown on said plan and the right to use the bathing beach in common with.others entitled thereto. Said land is subject to rights as set forth in a stipulation between the petitioner in this case and Edgar R. Bigelow et al filed with the papers in this case on May 5, 1942, a copy of which is Document No. 19,185. There is reserved to Barnstable Bay Inc. the right to install and maintain all.public utilities in, over and upon the Way shown on said plan including the right to grant easements to public service corporations for the installation and maintenance of such utilities. Said land is subject to the rights granted in ah easement given to the Cape&Vineyard (J Electric Company et al,dated April 21, 1947 being Document No. 19,747. Said land is subject to the rights granted in an easement given to the Barnstable Fire District,dated July 11, 1950 being Document No.27,775. i Said land is subject to a Taking of Sunset Lane(",Way")by the Town of Barnstable, dated March 15, 1954 being Document No, 39,940. For title,see Certificate of Title No.-153186. Ad = WITNESS the execution and the corporate seal of said corporation thiszx day of 2000. C.S.R. MANAGEMENT,INC. By y Jose . ugas,P sident and Treasurer COMMONWEAL OF MASSACHUSETTS Barnstable, ss. I�Qt� � 2000 Then personally appeared the above-name4 Joseph F.Dugas,President and Treasurer,and acknowledged the foregoing instrument to be the free act and deed of C.S.R. Management,Inc.,before me, 2 . � 4 Z&�� Notary Pub c: Fhtd "T. 4ea,. My commission expires: '�, �� 2 0b - BAkNSTABLE COUNTY REGI'TRY OF DEEDS 8 Q K�EL� XCISE TAX M * --------------------- �. DRTE A5.2$.'40 THU o O TAX $467.40 TOTAL. $467.40 CAS} $40.40 CLERK) f, NO.004251 TIME 0 :5 t 2222 BAR%STABIE REGISTRY OF DEEDS DOC=?66,391 0 5-19-93 11 a 17 QUITCLAIM DEED CVO11531BG BAMSTR•i_E LA140 COURT REGIST! 1,ANN E. DENSON, of 35 Old Mayfair Road, South Dennis, Massachusetts 02660, for full consideration of ONE HUNDRED FIFTY THOUSAND AND 001100 ($150,000.00) DOLLARS paid,hereby grant to: C.S.R. MANAGEMENT, INC., a Massachusetts corporation of: 273 Millway,Barnstable,Massachusetts 02630.with QUITCLAIM COVENANTS,that land situated in Barnstable.in the County of Barnstable and Commonwealth of Massachusetts,bounded M and described as follows: c LOTS 149 and 151 PLAN 17933-A (Sheet 1) • So much of said land as is included within the limits of the,Way shown on said plan is subject to the rights of all persons lawfully entitled thereto in and over the same. There is appurtenant to said land the right to use the private ways and road shown on said plan and the right to use the bathing P beach in canmon with others entitled thereto. $4 Said land is subject to rights as set forth in a stipulation between the petitioner in this case and Edgar R. Bigelow et al filed with the,papers in this case on May 5, 1942, a copy of which is Document No. 19,185. There is reserved to Barnstable Bay Inc. the right to install and maintain as all public utilities in, over and upon the Way shown on said plan including the right to grant easements to public service corporations for the installation and maintenance of such utilities. 4J Said land is subject to the rights granted in an easement given to the Cape & Vineyard Electric Company et al,dated April 21, 1947 being Document No. 19,747. con Said land is subject to the rights granted in an easement given to the Barnstable Fire District,dated o July 11, 1950 being Document No.27,775. Said land is subject to a Taking of Sunset Lane("Way")by the Town of Barnstable,dated March N 15, 1954 being Document No. 39,940. REG, OF 014rM bFor my title, see Certificate of Title No. 123622. .t+E WITNESS my hand and seal effective this&day of May, 1999. . 410 J44 .., 05/19/99 9AM 000000 9' Ann E.Benson fEE a CRSH i V5 1 S*0 COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. Maya, , 1999 Then personally appeared the above-nam nn E. Benson, and ac vMd the foregoing instrument to be her free act and deed be .•� � Notary public lJ VM _ My Commission Expires: , . to BARNSTABLE RBGISTROPOIED REGISTER THIS CONNOWREN!= OF MASSACHUSETTS - Copy L1ND'CDDRT DEPARTMENT OF THE TRIAL COURT CASE No. 17933-S199106A the petition of Ann E. Benson representing that Mary E. Gesso was the registered owner in Certificate of Title No. 108422 issued from the Registry District of Barnstable County; and representing the death of said Mary E. Besso, testate, on i November 26, 1990, and the allowance of her will by the Probate Court for the County of Barnstable, and said Commonwealth; and praying for a new Certificate of Title, after due ' proceedings, it is, that said Certificate Of Title No. 108422 be _ cancelled and a new certificate for the land described therein be issued to Ann E. Benson, of Dennis, in the County of Barnstable, and said Commonwealth. TURrBZA ORDEREDi that in addition &o any other matters appearing upon said Certificate of Title No. 108422, said new Certificate shall state that the land described therein is subject to any lien of the said Commonwealth for enforcing collection of any estate taxes due it from the estate of Mary E. Besso, deceased, if claimed and enforced within the time allowed by law. . FURTEER oxDERED: that in addition to any other matters appearing upon said Certificate of Title No. 108422, said new certificate shall state that the land described therein is subject to the settlement of the estate of Mary E. Besso. =DRTEER ORDERED: that in addition to any other matters appearing upon said Certificate of Title No. 108442, said new Certificate shall state that the land described therein is subject to any legacies arising under the will of Mary E. Besso, if claimed and enforced within the time allowed by law. r ey the Court. Attest: Charles N. Trombly, Jr. j 3 Recorder 1 Dated: June 12, 1991 r AEB: JS old Mayfair Road, S. Dennis, MA 02660 MDC/ml A twamw►% r s 8 - i i i LV -. _ .. ••-- "AWAR"WWW MM 9M%W ff IV N tMl0fVMuAw ea . A 4ILLIAN F. MULLANE and MARY V. MULI,ANE, husband and wise, as tenants by the entirety, of Barnstable in Barnstable cmq y,,,h,. '" i ON IassestatAEatl,fat amsidention paid,and in full conWwtion of Gn a Dollar grants to MARY E. BESSO of 35:G1d Mayfair Road, Dennis (South), with vtlatm MMOU Massachusetts, ffieh din Barnstable (Village), Barnstable County, Massachusetts, bounded and described as follows: ]bea 4C-ad if M] Northwesterly by a Y9y, one hundred (100) feet; Northeasterly by Lot 147, one hundred (100) feet; Scutheasterly by Lots 148 and 150, one hundred (100) feet; and Southwesterly by Lot 153, one hundred (100) feet. All of said boundaries are determined by the Court to be located as shown on plan 17933-A (Sheet 1) dated August 1939, drawn by +chit- ney & Bassett, Engineers, and filed in the Land Registration Office at Boston, as modified and approved by the Court, a copy of a portion of which is filed in Barnstable County Registry of Deeds in land Reg- istration Book 54 Page 54 with Certificate of Title No. 8594 and said land is shown thereon as LOTS 149 and 151. So much of said lots as is included within the limits of the Way shown on said plan is subject to the rights of all persons lawfully entitled thereto in and over the same. There is appurtenant to said lots the right to use the private ways and roads shown on said plan and the right to use the bathing beach in common with others entitled thereto. Said lots are subject to rights as set forth in a stipulation be- tween the petitioner in this case and Edgar R. Bigelow et al filed with the papers in this case on May 5, 1942, a copy of which is Document No. 19,185. There is reserved to Barnstable Bay Inc. the right to install and maintain all public utilities in, over and upon the Way shown on said plan including the right to grant easements to public service corporations for the installation and maintenance of such utilities. For our title see Certificate of Title No. 38909. (nominal consideration) $iWtae n»,.hand and seal "..fiftawlh—day day of �.tu)zex 19..o.- �r �oumra[t� ai�iet�usrlLs Barnstable m, October 15 1986 Then pe:souUy appeared the above named William F. Mullane and Mary V. Mullane ad acknowledged the foregoing instruned to be their fm act and deed,Won me - Beecher NwAqrw&_ aE&&i= 'Ymn.;rve. March 5 93 Two"*QMPQ CUM U3W_dA$AUZQWJyCHAFM07 OF as ded iawMd to womd"MW6 w tom a 6md*a tt&M are,anHo w ad pt aloe addma of&e sd a roeJ of do amrw d d a fog awtdanden&Wd to dditn me a Oe Now of fie edw a mmindm credo,if Net dliweed (m a$pod&saftaq wa 8e(on andhodoa&a awm Na ot$P"im tie a wwrm vithos ddaaioe tar Mp liter W tBWam to�twad�►d b/. winos I:aM iy ea.An Nab rdm om ad rdtab don 1a wooded a p"d do dd. @ it m aompliaow�Lb it �Y'of 07 4UL M gloss 41686 skit mints a dad(ear==ft Mhw I QUITCLAIM DEED ONDIWDUAL� 882 WE, WLLTAM F. MULLANE and MARY V, MULLANE, formerly of Norwood, Norfolk County, now of Sunest Lang xkk Barnstable, Barnstable County Alassadluselts, i being=DAi6ricd, for consideration paid, grasit to W=AM F. MULLANE and VARY V. MULLANE, husband and wife, as tenants by the entirety, both k. of Barnstablo, Barnstable County t with ilidirlaint ruurtundo the lard in Barnstable (Village) ir_.the County of Barnstable and Commonwealth of z Massachusetts, bounded and described as followa: 3 f\ [Dcs,:i,:;—j.J cn.ur.h:aaas. if j.,) w Northwesterly by a Way, one hundred (100) feet; Northeasterly by Lot 147, one hundred (100) feet; Southeasterly by Lets 148 and 150, one hundred (100) fast; and a ,1� Southwesterly by Lot 153, one hundred (100) feet. l r All of said boundaries are determined by the Court to be located as shown on plan 17933.A (Sheet 1) dated August 1939, drawn by Whitney & Bassett, Engineers, ad filed _Y in the land Registration office at Boston, as modified and approvedl8 the Court, a �! copy of a portAon of which is filed in Barnstable County Registry of Deeds in Land Registration Book 54, page 54 with Certificate of Title No. 8594 and said land is shown thereon as LOTS 149 and 151. So much of the lots herein described as is included within the limits of the Way shown or, said plan :is subject to the rights of all persons lawfully entitled thereto F in and over the same. t There is appurtenant to said lots the right to use the private ways and road shown on said plan and the right to use the bathing beAch in common with others entitled thereto. Said lots are subject to rights as set forth in a Stipulation between the petitioner in this case and Edgar R. B1Wlow et al filed with the papers in this case on May 5, 194Z and being Document No. 19,185. There is reserved to Barnstable Bay Inc. the right to install and maintain all public utilities in, over and upon the Way shown on said plan including tha right to grant easements to public service corporations for the installation and maintenance of such utilities. For title, see Certificate of Title No. 19675, Registry District, Barnstable County, Land Court Case No. 17933. Nominal consideration - no revenue stamps required, ('�In:b+rlu`I h+uet lcnant. 71n.vv•. :n (oitt•r,a fu�.t::., h•} tLc 1:nUtelt.l .zsaaaaaa► i b { it f �I I, MAAY V. MULLANE of said wife grantor, release to said grantee all rights of dower aripmestcadrand other interests therein. •1� our I s • a. November 66 7PlflICAli... ........... sand and seal this. ..... ... .......dac p(............................1?. ..... • I+Tiiliam�F: Mullario................................... .......... .... .......................................................I............. Katy.V:'Mu�Tlnnn�.................................................. ...................................................................... ........... ..................................................................................... BAYNSTABIE SS. November 19 66 Then personally appeared the above named JaLLIAM F. MULTANE to be his free act arid deed, Wore me and acknowledged the foregoing instrument Florence IlUt 'evs ,'ou,y P.b1'C-`A;300P0'C*0'QQQ*M My Commission Expires. 19 (THE FOLLOWING IS'1'nT A.PAXT nr T)IF DUE11,AND 15 NOT TO fir CIIAI'TI:R IS3. 'I'('TION 11, GENrItAi. LAws A deed in Sul-51.UICC following 01C f0fIll emitiLd -Qiiicl&irn DmA" Shall when MY Mcculed have the fora and cikii of a jecd in fee. 5jr.jpic to the grantee. his heirs and assigns, to his an,i their own me. with coycriants on the 1,art of the grantor, for hinisdif,hi,liciN, cxccuiors. aarinnistrators and su'ccssars, with the grxitor, Iva hers. su,cclso:o CjiVCr) O )I -u and assisi;s. that at the Iilr-of the d . f such 11j, tlee(I tIjC 1-lCrIli�0 were iICC if, 11 A! Lr.t mininccs made by him, atij that he will. and lit, heirs. cNetlijors .1111 .13filill ist fat I'll shall, warrant and IHLI)d thL SA111C to the gr"jltCC art.! lit, heirs and atsigric fortnu igairjil tjIC lj%%jjjj Cl.ljljjc and ilLinands of all pcfs('fls cla""i'll:i,y,ti-,rxiai or unk, the grwllof.!'lit 'S.':jjq -q!icr PLAN 05' LA'..D IN BARNSTABLE 179334 Sheet Whitney R Bassett. Engineers AUGUST i939 _ g VL v W Y �/ 66 yree %� f pG 4 b2 0 A� p�P //+ �� p7 '�o OI 4y• n \0 � o v yb 33 ao o0 so. o• - a v, $ Ioo.._........ _. ' Ioo. 100. - O �` ys♦'� h ° R 3t �• A o� ti•♦s store; •9sa 50. 50 roo /oo:_ �r Q p` tip' IQ /7D-ie ...---- --._._......_..._--- /00. 100. v /00- 100. dn. loo. loo. Ioo. _--_ioo__-- --!on. 100. CO too. 100. /oo. /oo. -- nm . ... ......... m po x) _ _s �si O Ol N' s h ♦D N ty loo !oa -= � Q _-- _/oo. /oo. �. �j St /oo. loo. __.=.../oo•._t . =�o - -/00...._ too. --- - '- ----- ton. ,oa :.., /oo. _...-- 100. 100. ---............. _ ...... !Q p• p p. t�Npp o �, 100 N y so- � too. ,00. /oa. ! -- -- iota __... -- _ ..... sac s r (p,• p Op 9 p o 0 0o v, V O O HI 5 1 2 • i N n "0. too- )• � � �O$o _d /�:.... !O° 0/ so so o`• r V ,00. /oo 0o °°. --......_ 40. '/,32 8 30 2/ roo. _ / c SD. So. 50. 50. 50. 50o v iQ0 w %a/ ���'7�i•j1.6y t, n O. N w� - w D W, Kenncoy N ^p 21 yib� D ---- `6y ?� .�91G SD.IS Ba.38 R.126 .KT•st b y.2co,oa' a'Ames r. ,0o'oB'e9" #C ' "i:rar.st COor cffi.fda f+na f—pla- n ?h7• s ---._ CMMER LAND RE6/57-RAT/ON OFf10E fEB.Zl 19a1 n�. b sca•'c of ibis plan I�0 feet to an inrl, / C 0llumphrey,.£ggil�er for Court PLAN OF LAND IN BARNSTABLE �7.933A ----_-- - _ Sheet Whitney A Baeeett. Engineers AUGUST 19�g ow O �I s •, • � �� 9h�6`t6 �e b� , •`'p0. VL ,�� 0 00 - (p' "�•p bhp �Q $ � .^ 10 v �� 9 `� �J• •� �Qba� 1 0 too. 62 100. s o .•s•�' e� .fib St I $ o $ d 0�¢` oa dh9g9 .yo�oo ,o v /aa —_ - 100 -- ; 0 0 o N O�2 o 'R $S trtl Citcj e r et n• d� ?�2 So• sofoo: ' C AO Q pis -geoz 9' • �' a $ ---.._. t70.JJ N 100. too. . . _._._......_._._.—._ too too. ,�. $ h $ e•. °i 9 to $ ° - �l g P too. too... __!oo. too. /DO. I00. ....__.... 100 /DD OiN '............ ...__........ ...._._..............-........ ._.._.._._._-_....___. ._—...._.—_._. m /00. /o¢ ._...__.....roo...__- ...roo-—__ - too. ----._.. ...._.. ..._....roo.• --- _......_.... Uo $ SS 100. too. , a, 40 Jon. 100. too. tao. 415 O, lop.. ......._._.T ` .. --f00. ... .. ./DO......__—._. O " .._.._.._.._JOO 0, oz'i...._......... __.�_ __.....___ $ Joo. roc. !00 roo. -.._... {.._.00..0. 0/ {oo 01 zgr• o?'z9' N h p, w� VV •�°c`'+ .`+u. E o0". - - --N' e° g`-KOranno.cO' d"A• ° �Df !I r ' 100. too ....... a�3p 50 sD OI'.by Frances+yG lR a .P 5ibo R D 174 l73 �17? 171 a £ �� �'02 66 c',"7•:R`6'\3 z. r000819 `tr a ::.1'003265 6015 ?1a3z. 1ir e,bb Copy of ar of plan6 rl.� 1nkOMMER y.pco,0o' HAND REG/STRATIOAI MICE FEB.01 19GI scale of this plan 1 J20 feet to an inch 7- C. No./7994 C 11 Numphr%,fPb r for Court --- --- /J t 17333 ' K ;f Sheet. 0 O RFACH i MARX / / M - 270-n 9d 70, ed ro ti �N \ o -�j���� s�bb�• $� \\ 6, eo• s'►o�•3`� Opp p:.as da•,K,,,, 4� 48 yet � .���' o � �� ,lj �ioo. ��' h ,!j Q � �N , •� � m � •� ,o�. � t t b 1 .00 '� � � Q� m /03 f02 n h L ftes -1131 Mt •o 'f( ko r' s #Own 26 M o ;- Q 600 rN m St x a�GItAD�) o 90.31? tp 21tP J, h �4• 10 49 y �• b� f.64� c „ 01 � posh 1 I Q 6 F 40, °J 9 - y toffy f it of Awn130-•l29 - t'1 y LAND ROOM r A Off1Cf �+ y( Awot Easrmsn� of . a p! 65 Cm is�bn Sltiw' &OAP 1413AW �t0. IBr�[bv uumoolvo �' x ritwot�.o) Town of Barnstable Geographic Information System 30 October 31, 2007 1036 � �' 936 k g 301047 #40 f 301043001 � t vj Z yg301037 �~ #30 y #30048 - 301043002 #25 Lt: S E ;k y� 301039 #20 s � 301042 301049 V #16 #18 060 0 17 Fe . k 301050a #6' DISCLAIMERS:This map is for planning purposes only. It is not adequate for legal Map:301 Parcel:043002 Q boundary determination or regulatory interpretation. Enlargements beyond a scale of Selected Parcel 1"=100'may not meet established map accuracy standards. The parcel lines on this map Owner:COAKLEY,CHARLES E 8 MARY Total Assessed Value:$272000 are only graphic representations of Assessor's tax parcels. They are not true property Co-Owner: Acreage:0.23 acres Abutters boundaries and do not represent accurate relationships to physical features on the map Location:25 FIRST WAY such as building locations. Buffer i FIRST AMENDMENT TO THE JOHN A. BLAKE TRUST WHEREAS, JOHN A. BLAKE as Donor and Trustee and EDNA M. BLAKE as Trustee executed a Declaration of Trust on October 30, 1991; and WHEREAS, the Donor desires to amend certain provisions of the Trust hereby; and WHEREAS, the terms of the Trust allow for its amendment by the Donor in Article II thereof; NOW THEREFORE, the Donor hereby amends the said Trust as follows: FIRST Article III of the Trust Agreement is removed in its entirety and the following Article III is substituted therefor: PART ONE: DISPOSITION OF TRUST PROPERTY AFTER DONOR'S DEATH. After the Donor' s death, the Trustees shall hold and administer all property of the trust, including any amounts received or receivable then or later as a result of the Donor' s death or otherwise, as follows: 1. If the Donor's spouse survives the Donor, the Trustees shall designate all of such property as the Qualified Terminable Interest Property Trust (QTIP Trust) and shall hold and administer, such property as provided in Article III, PART TWO, Section A. 2. If the Donor's spouse does not survive the Donor, the Trustees shall designate all of such property as the Family Trust and shall hold and administer such property as provided in Article III, PART TWO, Section B. 3. If the Donor' s spouse and the Donor die under such circumstances that the order of their deaths cannot be established by proof, then the Donor's spouse shall be deemed to have survived the Donor. Page 1 PART. TWO: TRUSTS. Section A. Qualified Terminable Interest Trust (QTIP) . The property directed to be held in trust under this Section shall be administered and paid as follows: 1. The Trustees shall pay to the Donor' s spouse, EDNA M. BLAKE, the net income, of the QTIP Trust from the date of the Donor's death, at least quarter-annually, for life. In addition, the Trustees shall pay to the Donor's spouse so much of the principal as the disinterested Trustee deems appropriate, in the disinterested Trustee's sole discretion. 2. Upon the death of the Donor's spouse, the then remaining principal of the QTIP Trust shall be administered and distributed on the same terms as provided below for the the Family Trust under Section B below. 3. If the Donor' s spouse disclaims in whole or in part any property allocated to the QTIP Trust, the Trustees shall add the property to which such disclaimer applies to the Family Trust under Section B below to be thereafter treated in all ways as a part thereof. In addition to any other method of disclaimer provided by law, he or she may disclaim by an instrument in writing signed and acknowledged by him or her and delivered to the Trustees. 4. The duly appointed executor(s) of the Donor's estate may elect to treat all, some portion or none of this QTIP Trust as qualified terminable interest property for state or federal estate tax purposes or both. The Trustee shall in all ways be bound by any such election made by the Donor's executor (s) . 5. If a partial QTIP election is made as to this trust, then the Trustee is authorized, but not required, to divide the trust, segregating the elected and nonelected (for QTIP qualification purposes) portions of the same as is deemed appropriate into separate trusts, administering said separate trusts in accord with the provisions of subparagraph 1 above. Any such division must be accomplished no later than the end of the period of the administration of the Donor' s estate, and if at the time of the filing of the federal estate tax return due from the Donor' s estate the division of the trust as aforesaid has not been implemented, then if the Trustee intends to divide the trust, that intent shall be unequivocally signified on the estate tax return. In any division of the trust property into separate portions as aforesaid, the Trustee shall allocate to each portion assets valued as of the date of such allocation. Page 2 a) If the Trustee divides the trust into separate shares, then the Trustee shall make any payments required under PART FOUR, Section B below from a share for which no QTIP election has been made. If the Trustee decides to exercise the discretion to pay principal to or apply the same for the benefit of the Donor' s spouse, or if the Trustee makes any payments pursuant to subparagraph (c) below, such payments shall be made to the extent possible from the share for which a QTIP election has been made, and only if necessary from the share as to which no QTIP election has been made. b) The decision of the Trustee as to the division of the trust into shares, the property held in such shares, and any payments of principal therefrom, shall be final and binding on all interested parties. c) If a partial QTIP election is made as to this trust and the Trustee determines that the division of the trust into separate elected and unelected portions to be held as separate trusts as aforesaid is not warranted, then any principal distributions made to the beneficiary during the term of this trust and any payments pursuant to subparagraph 6 below shall be charged against the elected portion of the trust resulting in a reduction in that portion based on the fair market value of the entire trust at the time of each such distribution, all in accord with the provisions of I.R.C. Regulations Sec. 20. 2044-1 (d) (3) . 6. If with respect to this trust any federal estate tax is imposed on the estate of the Donor's spouse by reason of Section 2044 of the Code, the Trustee is directed to pay any such tax, including any interest and penalties thereon, upon a request for such payment by his or her estate in accordance with Section 2207A of the Code, and the receipt of the payee shall be a good discharge to the Trustee. Section B. Family Trust. The property directed to be held in trust under this Section shall be administered and paid as follows: 1. The Trustees shall pay to the Donor's spouse, EDNA M. BLAKE, the net income, from the date of the Donor's death, at least quarter-annually, for life. In addition, the Trustees shall pay to or among the Donor's spouse, the Donor's children and the issue of the Donor' s children so much of the principal as the disinterested Trustee deems appropriate, in the disinterested Trustee' s discretion. Page 3 2. Upon the death of the survivor of the Donor and the Donor's spouse, the Trustees shall divide the remaining balance of principal in the trust fund, together with any accrued and accumulated income thereon, into as many equal shares as there may be children of the Donor then living and children then deceased leaving issue then living, and the Trustees shall hold and dispose of said shares as hereinafter set forth in paragraphs a) through f) inclusive; provided, however, that upon apportionment into shares, such adjustment in said shares may be made as the Trustees may determine to be equitable in order to compensate for unequal payments or advancements made to a child (the issue of a deceased child for such purpose being treated as collectively representing that child) from the Trust. a) In the case of each share apportioned to a living child of the Donor, the Trustees shall pay to or apply for such child, for his or her life, the net income of the share apportioned to him or to her. In addition to said income payments, the Trustees may make payments of principal to or expend the same for any child of the Donor from his or her share, and to or for the issue of any such child of the Donor from such child's share, as the Trustees may determine in the Trustees ' absolute discretion for the health, maintenance, support, and education of such child and the issue of such child, or any one or more of them. b) After the death of the survivor .of the Donor and the Donor's spouse, and after the division of the trust fund into shares as hereinbefore provided, the Trustees shall pay to any child of the Donor from time to time such portion or portions of the principal of such child's share as he or she shall request in writing: c) On the death of a child of the Donor, after the division of the trust fund into shares as hereinbefore provided, the share of such child as it then exists shall be distributed as he shall appoint by his last will and testament, making specific reference to this power and this trust. In default of the exercise of this power of appointment, the share of said child shall be distributed to his then living issue by right of representation, or if none, to the then living issue of the Donor by right of representation, subject, however, to the provisions in paragraphs e and f below. d) In case a share is set aside for the issue then living of a deceased child of the Donor, the Trustees shall distribute said share, free of all trusts, to such Page 4 issue, by right of representation, subject, however, to the provisions hereinafter set forth in paragraph e. e) In the event that pursuant to the provisions of the preceding paragraph or paragraph c any portion of the trust estate becomes distributable to a person under twenty-five (25) years of age, then notwithstanding anything herein contained to the contrary, the Trustees shall continue to hold that portion in trust until the distributee attains the age of twenty-five (25) years or sooner dies, and until such time shall pay to or expend for such person so much of the net income and principal as the Trustees may determine, in their absolute discretion, for health, maintenance, support and education. When the beneficiary attains the age of twenty-five (25) years, the trust property shall be distributed to him free of all trusts. In the event that any beneficiary dies prior to attaining the age of twenty-five (25) years, the Trustees shall distribute his portion to his estate. f) If property held in trust under the provisions of this Article becomes distributable to issue of the Donor for whose primary benefit a share or portion of a share is then held in trust hereunder, the property otherwise distributable to such issue shall be added to such share or portion and administered as an integral part thereof. PART THREE: RULES FOR MARITAL TRUSTS. Section A. Rules for Funding a Marital Deduction Trust. When a QTIP election under PART TWO is made: 1. The Trustees shall have discretion to fund the share for which a QTIP election has been made wholly or partly in cash or kind, in installments or at one time. 2. The Trustees shall not allocate to the share for which a QTIP election has been made: (a) any property or the proceeds of any property that does not qualify for the federal estate tax marital deduction and any applicable state estate tax marital deduction; or (b) to the extent that sufficient other property is available, any property or the proceeds of any property that is subject to foreign death taxes or is redeemable at par in payment of federal estate taxes. 3. The Trustees are directed to allocate to the share for which a QTIP election has been made, as income and not as principal, its proportional share of all income from the Page 5 date of the Donor's death, including income received by the. representative of the Donor's estate and transferred to the Trustees. Section B. Rules for Administration of Marital Trust. It is the Donor's intent that the share for which a QTIP election is made shall qualify for the (federal and/or state) estate tax marital deduction. This instrument shall always be interpreted and administered consistently with that intent. In particular, without limiting the general application of the preceding sentence, the Donor directs the Trustees to observe the following rules in administering the share for which a QTIP election has been made, not withstanding any other provisions of this instrument: 1. Upon receipt of a written request from the Donor's spouse, any unproductive property held as a part of the share for which a QTIP election has been made shall be made productive or converted within a reasonable time into productive property. . 2. The powers and discretions of the Trustees shall not be exercised in such a manner as would cause the share for which a QTIP election has been made to fail to qualify for any estate tax marital deduction otherwise applicable in the computation of the estate taxes on the Donor' s estate. 3. To the extent possible, no debts, expenses or taxes of the Donor' s estate shall be paid out of the share for which a QTIP election has been made. PART FOUR: ADDITIONAL DISPOSITIVE PROVISIONS. Section A. Principal Distribution. Each power granted to the Trustees to distribute principal is expressly intended to authorize the Trustees to distribute all of the principal of the trust. Section B. Payments of Debts and Taxes. The Trustees may pay to the legal representative of the Donor's estate, as an expense of administration, such sum or sums as the legal representative may certify to be due and payable from the estate of the Donor for debts, funeral expenses, administration expenses and legacies (other than residuary) under the will of the Donor. The Trustees are directed to pay any amounts certified by the legal representative of the Donor's estate as due for state or federal estate taxes (including penalties on any death taxes) . The certification of the legal representative as to the amount of such debts, funeral expenses, taxes, administration expenses and legacies shall be sufficient authority to the Trustees to pay, the same, and the Trustees ' judgment as to such payments shall be binding and conclusive upon all parties. If no petition has been Page 6 filed for the appointment of a legal representative within ninety (90) days after the death of the Donor, the Trustees may pay any of the Donor's debts, funeral expenses, taxes, administration expenses and legacies that the Trustees in their absolute discretion deem advisable to pay. To the extent possible, no payment under this Section shall be made from any item of property if making a payment from that property would subject it to state or federal estate taxes which would otherwise not be payable. Section C. Retirement Plan Assets. Except as provided in this paragraph, the Trustee may not distribute .to or for the benefit of the Donor' s estate, any charity or any other non-individual beneficiary any benefits payable to this trust under any qualified retirement plan, individual retirement account or other retirement arrangement subject to the "minimum distribution rules" of Section 401 (a) (9) of the Code, or other comparable provisions of law. It is the Donor' s intent that all such retirement benefits be distributed to or held for only individual beneficiaries, within the meaning of Section 401 (a) (9) and applicable regulations. Accordingly such benefits may not be used or applied for payment of debts, taxes and other claims against the Donor' s "estate" except to the minimum extent that would be required under applicable state or federal law in the absence of any specific provision on the subject in the donor' s will or this trust. This paragraph shall not apply to any charitable bequest which is specifically directed to be funded with retirement benefits by other provisions of this instrument. Notwithstanding any other provision of . this instrument or of state law, for purposes of distributing retirement plan assets, the class of the Donor' s issue shall not include an individual who is the Donor' s issue by virtue of legal adoption if such individual (i) was to adopted after the Donor' s Required Beginning Date or the Donor' s death, whichever occurs first, and (ii) is older than the oldest beneficiary of this trust who was a living member of the group consisting of the Donor's issue on the earlier of those dates. The Donor' s Required Beginning Date, for purposes of this paragraph, means April 1 of the year following the year in which the Donor reaches age 7014, or, if later, the date on which this trust is first named as a beneficiary of any retirement plan, benefit or arrangement subject to the "minimum distribution rules" of Section 401 (a) (9) of the Code. Section D. Generation-Skipping Tax. Notwithstanding any other provision of this instrument, if a generation-skipping trust exemption shall apply to part but not all of the property of any trust established under this instrument, such trust shall be divided into two parts, one of which parts will be the exempt portion and the other of which will be the nonexempt portion, and Page 7 the Trustees shall hold and dispose of each such part as a separate trust. Section E. Termination of Trust by Trustees. Any time after the Donor's death, the Trustees are granted the power to terminate any trust in part or in whole, and to distribute all of the trust assets for any one or more of the following reasons to be determined by the Trustees in their sole discretion: 1. because it is no longer economical to administer the trust assets and trust; 2. because the retention of assets in trust is no longer in the best interest of one or more of the beneficiaries due to changes in the tax laws or other legal considerations; 3. because of unforeseen changes in the circumstances applicable to one or more of the beneficiaries or the assets of the trust; 4 . for reasons set forth in any memorandum addressed to the Trustees by the Donor; and 5. for any other reason deemed sufficient by the Trustees. Upon trust termination, the Trustees shall pay the trust fund to the beneficiaries entitled to the income therefrom in the proportions in which they were entitled to receive income immediately prior to the termination. SECOND Article XI is removed in its entirety and the following Article XI is substituted therefor: XI. SUCCESSOR TRUSTEES: The initial Trustees shall be the Donor, EDNA M. BLAKE, and JOHN A. BLAKE. The disinterested Trustee is any Trustee other than the Donor's spouse. If a Trustee shall by resignation, death or disability cease to act as Trustee, WENDY CAVANAUGH of Milford, New Hampshire, shall act as Trustee in his or her place. Thereafter, if a Trustee shall by resignation, death or disability cease to act as Trustee, SANDRA MAGUIRE of Norwell, Massachusetts, shall act as Trustee in his or her place. Thereafter, if a Trustee shall resign, die or become disabled, the current income beneficiaries of full age and legal capacity (or majority of such beneficiaries) shall have the right within thirty days to appoint a successor Trustee and shall notify the former Trustee of such appointment. In the event the current income beneficiary (or beneficiaries) shall fail to designate a Page 8 i successor Trustee wit hin the time specified, the then acting Trustee shall appoint a successor Trustee. The Donor hereby re-affirms the Declaration of Trust of October 1, 1991 in all respects except as specifically amended by this writing, reserving the right to further amend the Trust Agreement. IN WITNESS WHEREOF, JOHN A. BLAKE as Donor and Trustee and EDNA M. BLAKE as Trustee hereunto set their hands and seals this 3zz day of May, 2006. 4.1 z JOHN A. BLAKE, Donor � -7 "JOHNA. BLAKE, Trustee EDNA M. BLAKE, Trustee COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, ss. _ On this / day of May, 2006, before me, the undersigned notary public, personallya g d proved to me through satisfactory id ntification,JOwhi h wasK a� Massachusetts Driver' s License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Nota y Public My Commissio. Exp K X.LEAHrr otary Public (ij) Commonwrallh of Massachusetts My Commission Expires August 16,2007 Page 9 i E R FIRST AMENDMENT TO THE EDNA M. BLAKE TRUST WHEREAS, EDNA M. BLAKE as Donor and Trustee and EDNA M. BLAKE as Trustee executed a Declaration of Trust on October 30, 1991; and WHEREAS, the Donor desires to amend certain provisions of the Trust hereby; and WHEREAS, the terms of the Trust allow for its amendment by the Donor in Article II thereof; NOW THEREFORE, the Donor hereby amends the said Trust as follows: FIRST Article III of the Trust Agreement is removed in its entirety and the following Article III is substituted therefor: PART ONE: DISPOSITION OF TRUST PROPERTY AFTER DONOR'S DEATH. After the Donor's death, the Trustees shall hold and administer all property of the trust, including any amounts received or receivable then or later as a result of the Donor' s death or otherwise, as follows: 1. If the Donor' s spouse survives the Donor, the Trustees shall designate all of such property as the Qualified Terminable Interest Property Trust (QTIP Trust) and shall hold and administer such property as provided in Article III, PART TWO, Section A. 2. If the Donor's spouse does not survive the Donor, the Trustees shall designate all of such property as the Family Trust and shall hold and administer such property as provided in Article III, PART TWO, Section B. 3. If the Donor' s spouse and the Donor die under such circumstances that the order of their deaths cannot be established by proof, then the Donor shall be deemed to have survived the Donor' s spouse. Page 1 PART TWO: TRUSTS. Section A. Qualified Terminable Interest Trust (QTIP) . The property directed to be held in trust under this Section shall be administered and paid as follows: 1. The Trustees .shall pay to the Donor's spouse, JOHN A. BLAKE, the net income, of the QTIP Trust from the date of the Donor' s death, at least quarter-annually, for life. In addition, the Trustees shall pay to the Donor's spouse so much of the principal as the disinterested Trustee deems appropriate, in the disinterested Trustee's sole discretion. 2. Upon the death of the Donor' s spouse, the then remaining principal of the QTIP Trust shall be administered and distributed on .the same terms as provided below for the the Family Trust under Section B below. 3. If the Donor' s spouse disclaims in whole or in part any property allocated to the QTIP Trust, the Trustees shall add the property to which such disclaimer applies to the Family Trust under Section B below to be thereafter treated in all ways as a part thereof. In addition to any other method of disclaimer provided by law, he or she may disclaim by an instrument in writing signed and acknowledged by him or her and delivered to the Trustees. 4. The duly appointed executor(s) of the Donor's estate may elect to treat all, some portion or none of this QTIP Trust as qualified terminable interest property for state or federal estate tax purposes or both. The Trustee shall in all ways be bound by any such election made by the Donor' s executor (s) . 5. If a partial QTIP election is made as to this trust, then the Trustee is authorized, but not required, to divide the trust, segregating the elected and nonelected (for QTIP qualification' purposes) portions of the same as is deemed appropriate into separate trusts, administering said separate trusts in accord with the provisions of subparagraph, 1 above. Any such division must be accomplished no later than the end of the period of the administration of the Donor' s estate, and if at the time of the filing of the federal estate tax return due from the Donor's estate the division of the trust as aforesaid has not been implemented, then if the Trustee intends to divide the trust, that intent shall be unequivocally signified on the estate tax return. In any division of the trust property into separate portions as aforesaid, the Trustee shall allocate to each portion assets valued as of the date of such allocation. Page 2 � I a) If the Trustee divides the trust into separate shares, then the Trustee shall make any payments required under PART FOUR, Section B below from a share for which no QTIP election has been made. If the Trustee decides to exercise the discretion to pay principal to or apply the same for the benefit of the Donor's spouse, or if the Trustee makes any payments pursuant to subparagraph (c) below, such payments shall be made to the extent possible from the share for which a QTIP election has been made, and only if necessary from the share as to which no QTIP election has been made. b) The decision of the Trustee as to the division of the trust into shares, the property held in such shares, and any payments of principal therefrom, shall be final and binding on all interested parties. c) If a partial QTIP election is made as to this trust and the Trustee determines that the division of the trust into separate elected and unelected portions to be held as separate trusts as aforesaid is not warranted, then any principal distributions made to the beneficiary during the term of this trust and any payments pursuant to subparagraph 6 below shall be charged against the elected portion of the trust resulting in a reduction in that portion based on the fair market value of the entire trust at the time of each such distribution, all in accord with the provisions of I.R.C. Regulations Sec. 20.2044-1 (d) (3) . 6. If with respect to this trust any federal estate tax is imposed on the estate of the Donor's spouse by reason of Section 2044 of the Code, the Trustee is directed to pay any such tax, including any interest and .penalties thereon, upon a request for such payment by his or her estate in accordance with Section 2207A of the Code, and the receipt of the payee shall be a good discharge to the Trustee. Section B. Family Trust. The property directed to be held in trust under this . Section shall be administered and paid as follows: 1. The Trustees shall pay to the Donor's spouse, JOHN A. BLAKE, the net income, from the date of the Donor' s death, at least . quarter-annually, for life. In addition, the Trustees shall pay to or among the Donor's spouse, the Donor' s children and the issue of the Donor's children so much .of the principal as the disinterested Trustee deems appropriate, in the disinterested Trustee' s discretion. Page 3 2. Upon the death of the survivor of the Donor and the Donor' s spouse, the Trustees shall divide the remaining balance of principal in the trust fund, together with any accrued and accumulated income thereon, into as many equal shares as there may be children of the Donor then living and children then. deceased leaving issue then living, and the Trustees shall hold and dispose of said shares as hereinafter set forth in paragraphs a) through f) inclusive; provided, however, that upon apportionment into shares, such adjustment in said shares may be made as the Trustees may determine to be equitable in order to compensate for unequal payments or advancements made to a child (the issue of a deceased child for such purpose being treated as collectively representing that child) from the Trust. a) In the case of each share apportioned to a living child of the Donor, the Trustees shall pay to or apply for such child, for his or her life, the net income of the share apportioned to him or to her. In addition to said income payments, the Trustees may make payments of principal to or expend the same for any child of the Donor from his or her share, and to or for the issue of any such child of the Donor from such child's share, as the Trustees may determine in the Trustees ' absolute discretion for the health, maintenance, support, and education of such child and the issue of such child, or any one or more of them. b) After the death of the survivor of the Donor and the Donor's spouse, and after the division of the trust fund into shares as hereinbefore provided, the Trustees shall pay to any child of the Donor from time to time such portion or portions of the principal of such child' s share as he or she shall request in writing. c) On the death of a child of the Donor, after the division of the trust fund into shares as hereinbefore provided, the share of such child as it then exists shall be distributed as he shall appoint by his last will and testament, making specific reference to this power and this trust. In default of the exercise of this power of appointment, the share of said child shall be distributed to his then living issue by right of representation, or if none, to the then living issue of the Donor by right of representation, subject, however, to the provisions in paragraphs e and f below. d) In case a share is set aside for the issue then living of a deceased child of the Donor, the Trustees shall distribute said share, free of all trusts, to such Page 4 issue, by right of representation, subject, however, to the provisions hereinafter set forth in paragraph e. e) In the event that pursuant to the provisions of the preceding paragraph or paragraph c any portion of the trust estate becomes distributable to a person under twenty-five (25) years of age, then notwithstanding anything herein contained to the contrary, the Trustees shall continue to hold that portion in trust until the distributee attains the age of twenty-five (25) years or sooner dies, and until such time shall pay to or expend for such person so much of the net income and principal as the Trustees may determine, in their absolute discretion, for health, maintenance, support and education. When the beneficiary attains the age of twenty-five (25) years, the trust property shall be distributed to him free of all trusts. In the event that any beneficiary dies prior to attaining the age of twenty-five (25) years, the Trustees shall distribute his portion to his estate. f) If property held in trust under the provisions of this Article becomes distributable to issue of the Donor for whose primary benefit a share or portion of a share is then held in trust hereunder, the property otherwise distributable to such issue shall be added to such share or portion and administered as an integral part thereof. PART THREE: RULES FOR MARITAL TRUSTS. Section A. Rules for Funding a Marital Deduction Trust. When a QTIP election under PART TWO is made: 1. The Trustees shall have discretion to fund the share for which a QTIP election has been made wholly or partly in cash or kind, in installments or at one time. 2. The Trustees shall not allocate to the share for which a QTIP election has been made: (a) any property or the proceeds of any property that does not qualify for the federal estate tax marital deduction and any applicable state estate tax marital. deduction; or (b) to the extent that sufficient other property is available, any property or the proceeds of any property that is subject to foreign death taxes or is redeemable at par in payment of federal estate taxes. 3. The Trustees are directed to allocate to the share for which a QTIP election has been made, as income and not as principal, its proportional share of all income from the Page 5 date of the Donor's death, including income received by the representative of the Donor' s estate and transferred to the Trustees. Section B. Rules for Administration of Marital Trust. It is the Donor's intent that the share for which a QTIP election is made shall qualify for the (federal and/or state) estate tax marital deduction. This instrument shall always be interpreted and administered consistently with that intent. In particular, without limiting the general application of the preceding sentence, the Donor directs the Trustees to observe the following rules in administering the share for which a QTIP election has been made, not withstanding any other provisions of this instrument: 1. Upon receipt of a written request from the Donor' s spouse, any unproductive property held as a part of the share for which a QTIP election has been made shall be made productive or converted within a reasonable time into productive property. 2. The powers and discretions of the Trustees shall not be exercised in such a manner as would cause the share for which a QTIP election has been made to fail to qualify for any estate tax marital deduction otherwise applicable in the computation of the estate taxes on the Donor's estate. 3. To the extent possible, no debts, expenses or taxes of the Donor's estate shall be paid out of the share for which a QTIP election has been made. PART FOUR: ADDITIONAL DISPOSITIVE PROVISIONS. Section A. Principal Distribution. Each power granted to the Trustees to distribute principal is expressly intended to . authorize the Trustees to distribute all of the principal of the trust. Section B. Payments of Debts and Taxes. The Trustees may pay to the legal representative of the Donor' s estate, as an expense of administration, such sum or sums as the legal representative may certify to be due and payable from the estate of the Donor for debts, funeral expenses, administration expenses and legacies (other than residuary) under the will of the Donor. The Trustees are directed to pay any amounts certified by the legal representative of the Donor' s estate as due for state or federal estate taxes (including penalties on any death taxes) . The certification of the legal representative as to the amount of such debts, funeral expenses, taxes, administration expenses and legacies shall be sufficient authority to the Trustees to pay the same, and the Trustees' judgment as to such payments shall be binding and conclusive upon all parties. If no petition has been Page 6 filed for the appointment of a legal representative within ninety (90) days after the death of the Donor, the Trustees may pay any of the Donor' s debts, funeral expenses, taxes, administration expenses and legacies that the Trustees in their absolute discretion deem advisable to pay. To the extent possible, no payment under this Section shall be made from any item of property . if making a payment from that property would subject it to state or federal estate taxes which would otherwise not be payable. Section C. Retirement Plan Assets. Except as provided in this paragraph, the Trustee may not distribute to or for the benefit of the Donor' s estate, any charity or any other non-individual beneficiary any benefits payable to this trust under any qualified retirement plan, individual retirement account or other retirement arrangement subject to the "minimum distribution rules" of Section 401 (a) (9) of the Code, or other comparable provisions of law. It is the Donor' s intent that all such retirement benefits be distributed to or held for only individual beneficiaries, within the meaning of Section 401 (a) (9) and applicable regulations. Accordingly such benefits may not be used or applied for payment of debts, taxes and other claims against the Donor's "estate" except to the minimum extent that would be required under applicable state or federal law in the absence of any specific provision on the subject in the donor's will or this trust. This paragraph shall not apply to any charitable bequest which is specifically directed to be funded with retirement benefits by other provisions of this instrument. Notwithstanding any other provision of this instrument or of state law, for purposes of distributing retirement plan assets, the class of the Donor' s issue shall not include an individual who is the Donor' s issue by virtue of legal adoption if such individual (i) was to adopted after the Donor' s Required Beginning Date or the Donor' s death, whichever occurs first, and (ii) is older than the oldest beneficiary of this trust who was a living member of the group consisting of the Donor' s issue on the earlier of those dates. The Donor' s Required Beginning Date, for purposes of this paragraph, means April 1 of the year following the year in which the Donor reaches age 701-�, or, if later, the date on which this trust is first named as a beneficiary of any retirement plan, benefit or arrangement subject to the "minimum distribution rules" of Section 401 (a) (9) of the Code. Section D. Generation-Skipping Tax. Notwithstanding any other provision of this instrument, if a generation-skipping trust exemption shall apply to part but not all of the property of any trust established under this instrument, such trust shall be divided into two parts, one of which parts will be the exempt portion and the other of which will be the nonexempt portion, and Page 7 the Trustees shall hold and dispose of each such part as a separate trust. Section E. Termination of Trust by Trustees. Any time after the Donor's death, the Trustees are granted the power to terminate any trust in part or in whole, and to distribute all" of the trust assets for any one or more of the following reasons to be determined by the Trustees in their sole discretion: 1. because it is no longer economical to administer the trust assets and trust; 2. because the retention of assets in trust is no longer in the best interest of one or more of the beneficiaries due to changes in the tax laws or other legal considerations; 3. because of unforeseen changes in the circumstances applicable to one or more of the beneficiaries or the assets of the trust; 4. for reasons set forth in any memorandum addressed to the Trustees by the Donor; and 5. for any other reason deemed sufficient by the Trustees. Upon trust termination, the Trustees shall pay the trust fund to the beneficiaries entitled to the income therefrom in the proportions in which they were entitled to receive income immediately prior to the termination. SECOND Article XI is removed in its entirety and the following Article XI is substituted therefor: XI. SUCCESSOR TRUSTEES: The initial Trustees shall be the Donor, JOHN A. BLAKE, and EDNA M. BLAKE. The disinterested Trustee is any Trustee other than the Donor' s spouse. If a Trustee shall by resignation, death or disability cease to act as Trustee, WENDY CAVANAUGH of Milford, New Hampshire, shall act as Trustee in his or her place. Thereafter, if a Trustee shall by resignation, death or disability cease to act as Trustee, SANDRA MAGUIRE of Norwell, Massachusetts, shall act as Trustee in his or her place. Thereafter, if a Trustee shall resign, die or become disabled, the current income beneficiaries of full age and legal capacity (or majority of such beneficiaries) shall have the right within thirty days to appoint a successor Trustee and shall notify the former Trustee of such appointment. In the event the current income beneficiaryor beneficiaries shall fail to designate a ( ) g Page 8 successor Trustee within the time ' specified, the then acting Trustee shall appoint a successor Trustee. The Donor hereby re-affirms the Declaration of Trust of October 1, 1991 in all respects except as specifically amended by this writing, reserving the right to further amend the Trust Agreement. IN WITNESS WHEREOF, EDNA M. BLAKE as Donor and Trustee and JOHN A. BLAKE as Trustee hereunto set their hands and seals this day of May, 2006. EDNA M. BLAKE, Donor EDNA M. BLAKE, Trustee � -� /JOHFN:�-. BLAKE, Trustee COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, ss. On this ��t._ day of May, 2006, before me, the undersigned notary public, personally appeared EDNA M. BLAKE, proved to me through satisfactory identification, which was a Massachusetts Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. Not r ublic My Commission Exp' es: MARK A.LEAKY e Notary Public Commonwealthmmi s on Ex i Expires USCM My Commission Expires August 16,2007 Page 9 THE JOHN A. BLAKE TRUST OF OCTOBER 30, 1991 DECLARATION OF TRUST made by JOHN A. BLAKE of. Norwell, Massachusetts, (hereinafter the "Donor") , who declares himself and EDNA M . BLAKE of Norwell , Massachusetts , Trustees (hereinafter the "Trustees" or "Trustee" ) of the sum of Ten Dollars ($10. 00) to hold and administer the same, together with all additions thereto, IN TRUST, on the terms and conditions of this Declaration. WITNESSETH THAT• WHEREAS, the Donor, or any other person, may, from time to time, assign, transfer, devise, bequeath or pay over to the Trustees property, real or personal. NOW THEREFORE, the Trustees do hereby declare, covenant and agree that they will hold said property in safekeeping, and in the event of the payment or transfer to them of any other property, real or personal., they will hold the same upon the trusts hereinafter set forth, namely: I . DURING DONOR' S LIFETIME: ' The Trustees shall receive, hold and manage all property at any time comprising the trust estate and shall invest and reinvest the same and shall collect income thereon and shall pay over to or expend the same for the comfort, health, maintenance and support of the Donor during the Donor' s lifetime and shall also pay to the Page 1 of 23 Donor or expend for the Donor ' s benefit so much of the principal thereof as the Donor may in writing request. The Trustees are authorized, in their absolute discretion, to pay from the income and principal of the trust property such amounts , if any, to or for the benefit of the Donor, the Donor ' s spouse, or any person dependent on the Donor for support. II. POWER TO AMEND AND REVOKE: The Donor reserves the right to amend or revoke this trust by an instrument in writing signed by the Donor and delivered to the Trustees . No amendment which changes the; duties of the Trustees shall be effective unless consented to by the Trustees. The right to amend or revoke this trust shall be personal to the Donor, and shall not be exercised by any representative , agent , conservator, or attorney-in-fact. III. DISPOSITION ON THE DONOR'S DEATH: A. ALLOCATION OF PROPERTY INTO SEPARATE TRUSTS 1. Upon the death of the Donor, if the Donor's spouse shall survive the Donor, the Trustee shall divide the trust property into three separate trusts , to be designated the General Marital Trust, the Special Marital Trust and the Family Trust, pursuant to the formulas contained in this Section. The General Marital Trust and the Special Marital Trusts are collectively referred to in this instrument as the Marital Trust. If the Donor' s spouse does not survive the Donor, all Page 2 of 23 Property shall be allocated at the Donor' s death to the Family Trust. 2. The Trustees shall set apart a portion of the trust property consisting of an amount of property equal to one-half of the value of the Donor' s Massachusetts adjusted gross estate , as finally determined for Massachusetts estate tax purposes , reduced by the value, as so determined, of all interests in property that pass from the Donor to the Donor's spouse by will or in any other manner, other than property set apart under this Section to the extent that such interests qualify for marital deduction for Massachusetts estate tax purposes; provided, however, that if the --amount so determined provides a deduction in excess of the minimum necessary to eliminate, if possible, and otherwise to minimize the federal estate tax on the Donor's estate, then the amount to be set aside shall be reduced so as not to exceed that minimum. The General Marital Trust shall be administered according to Section C of this Article. 3. The Special Marital Trust shall be established by setting aside an amount equal to (a) or (b) , whichever of the said two amounts is the greater, where (a) is equal to one-half of the value of the Donor' s Massachusetts adjusted gross estate, as finally determined for Massachusetts estate tax purposes, reduced by the aggregate value, as so determined, of all interests in property that pass from the Donor to the Page 3 of 23 own Donor' s spouse by will, under preceding provisions of this trust or in any other manner, to the. extent that such interests qualify for the marital deduction for Massachusetts estate tax Purposes; and (b) is equal to the maximum marital deduction allowable in determining the federal estate tax on the Donor's estate , reduced by the value , as so determined, of all interests in property that pass from the Donor to the Donor's spouse by will, under preceding provisions of this trust or in any other manner, to the extent that such interests qualify for the marital deduction for federal estate tax purposes ; provided, however, that if this amount provides a deduction in excess of the minimum amount necessary to eliminate, if it is possible; and otherwise to minimize, the federal estate tax on the Donor' s estate, then (b) shall be reduced so as not .to exceed that minimum. The Special Marital Trust shall be administered according to Section D of this Article. 4. If the trust property is not sufficient to fund both the General Marital Trust and the Special Marital Trust, the Special Marital Trust shall abate first. 5. The Family Trust shall be funded with all property remaining after funding the Marital Trust. The Family Trust shall be administered according to Section F of this Article. B. RULES FOR FUNDING MARITAL TRUSTS: 1 . The Trustee shall have discretion to fund the Marital Trust. wholly or partly in cash or in kind, in Page 4 of 23 installments or at one time. For purposes of funding the Marital Trust, all property shall be valued at its fair market value at the date of distribution. 2. The Trustees shall not. allocate to the Marital Trust (a) any property or the proceeds of any property that does not qualify for the federal estate tax marital deduction. and any applicable state estate tax marital deduction, or (b) to the extent that sufficient other property is available, any property or the proceeds of any property that is subject to foreign death taxes or is redeemed at par in payment of federal estate taxes. 3 . The Trustee is directed to allocate to any Marital Trust established by this instrument, as income and not as principal, its proportionate share of all income from the date of the Donor's death, including income received by the executor or administrator of the Donor' s estate and transferred to the Trustee. . 4 . Notwithstanding any other provisions of this instrument, if the Donor's spouse and the Donor die under such circumstances that the order of their deaths cannot be established by proof, then the. Donor' s spouse shall be deemed to have survived the Donor. C. THE GENERAL MARITAL TRUST: 1. The General Marital Trust shall be administered as provided in this Section C. Page 5 of 23 2. The Trustees shall pay to the Donor' s spouse the net income from the date of the Donor ' s death, at least quarter-annually, for life. In addition, the Trusteesshall pay to the Donor' s spouse so much of - the principal as the Donor' s spouse may demand from time to time in one or more writing(s) delivered to the Trustees, and so much additional principal as, the Trustees deem appropriate in the Trustees ' discretion. 3. Upon the death of the Donor' s spouse, the Trustees shall distribute the principal, as it may then exist, to such person or persons, including the Donor' s spouse' s estate, as the Donor ' s spouse shall appoint by a will specifically referring to this power. Any portion or all of the principal not fully and effectually so appointed shall be added to and consolidated with the Family Trust and shall be administered as part of the principal of the Family Trust. D. THE SPECIAL MARITAL TRUST: 1. The Special Marital Trust shall be administered as provided in this Section D. 2. The Trustees shall pay to the Donor' s spouse the net income , from the date of the Donor' s death, at least quarter-annually, for life. In addition, the Trustee shall pay to the Donor ' s spouse so much of the principal as the disinterested Trustee deems appropriate, in the disinterested Trustee' s discretion. Page 6 of 23 4. No debts, expenses or taxes of the Donor' s estate shall be paid out of the Marital Trust. F. THE FAMILY TRUST: 1. The Family Trust shall be administered as provided in this Section F. 2. The Trustees shall pay to the Donor' s spouse the net income , from the date of the Donor ' s death, at least quarter-annually, for life. In addition, the Trustees shall pay to or apply for the benefit of the Donor' s spouse so much of the principal of the Family Trust as the disinterested. Trustee deems appropriate, in the disinte.rested Trustee' s discretion. 3. Upon the death of the survivor of the Donor and the Donor's spouse, the Trustee shall divide the remaining balance of principal in the trust fund, together with any accrued and accumulated income thereon, into as many equal shares as there may be children of the Donor then living and children then deceased leaving issue then living, and the Trustee shall hold and dispose of said shares as hereinafter set forth in paragraphs a through g inclusive; provided, however, that upon apportionment into shares, such adjustment in said shares may be made as the Trustee may determine to be equitable in order to compensate for unequal payments or advancements made to a child (the issue of a deceased child for such purpose. being treated as collectively representing that child) from the Page 8 of 23 Family Trust. a. In the case of each share apportioned to a living child of the Donor, the Trustee shall pay to or apply for such child, for his or her life , the net income of the share apportioned to him or to her. In addition to said income payments , the Trustee may make payments of principal to or expend the same for any child of the Donor from his or her share, and to or for the issue of any such child of the Donor from such child' s share, as the Trustee may determine in the Trustee ' s absolute discretion for the health, maintenance, support, and education of such child and the issue of such child, or any one or more of them. b . Anything hereinbefore to the contrary notwithstanding, following the death of the survivor of the Donor and the Donor' s spouse, and after the division of the trust fund into shares as hereinbefore provided, the Trustee shall pay to any child of the Donor from time to time after such child has attained twenty-five (25) years of age such portion or portions of the principal of such child's share as he or she shall request in writing, except that, so long as such child is under thirty-five ( 35 ) years of age , the aggregate value of such payments shall not exceed the value of the following fractions of the principal of such child's share, viz. , i. one-quarter (1/4) thereof if and so long as such child is under thirty (30) years of age; Page 9 of 23 ii. One-half ( 1/2) thereof if and so long as such child is under thirty-five (35) years of age. For this purpose the value of such principal shall be the value thereof on the date that. the distribution is to be made. The Trustee ' s determination in this regard shall be final and binding on all concerned. C. On the death of a child of the Donor, after the division of the trust fund into shares as hereinbefore provided, the share of such child as it then exists, shall be distributed as he shall appoint by his last will and testament, making specific reference to this power and this trust. In default of the exercise of this power of appointment, the share of said child shall be distributed to his then living issue by right of representation, or if none, to the then living issue of the Donor by right of representation, subject, however, to the provisions in paragraphs e and f below. d. In case a share is set aside for the issue then living of a deceased child of the Donor, the Trustee shall distribute said share, free of all trusts, to such issue, by right of representation, subject, however, to the provisions hereinafter set forth in paragraph e. e. In _the event that pursuant to the provisions of the preceding paragraph or paragraph c any portion of the trust estate becomes distributable to a person under twenty-five (25) years, then notwithstanding anything herein contained to the Page 10 of 23 contrary, the Trustee shall continue to hold that portion in trust until the distributee attains the age of twenty-five (25) years or sooner dies , and until such time shall. pay to or expend for such person so much of the net income and principal as the Trustee may determine, in, its absolute discretion, for health , maintenance , support and education . When the beneficiary attains the age of twenty-five (25) years, the trust property shall be distributed to him free of all trusts. In the event that any beneficiary dies prior to attaining the age of twenty-five (25) years, the Trustee shall distribute his portion to his then living issue by right of representation and in default of such issue, to his estate. f. If property held in trust under the provisions of this Article becomes distributable from the Family Trust to issue of the Donor for whose primary benefit a share or portion of a share is then held in trust hereunder, the property otherwise distributable to such issue shall be added to such share or portion and administered as an integral part thereof. g. The Trustee, in the Trustee' s absolute discretion, may terminate any trust hereunder and distribute the same, free of all trusts, to the beneficiaries then entitled to receive the income thereof. IV. . LIFE INSURANCE POLICIES: With respect to any life insurance policies which are or shall become subject to this Declaration of Trust: Page 11 of 23 A. The Donor reserves the right by the Donor's own act alone, without the consent or approval of the Trustee, to sell, assign or hypothecate said policies , or any of them, to exercise any option or privileges granted by any of such policies, including but not limited to the right to change the beneficiary of any policy, to borrow any sum in accordance with the provisions of any of said policies and to receive all payments, dividends, surrender values, benefits or privileges of any kind which may accrue on account of said policies during the Donor's lifetime. The Trustees shall assent to or join in the execution of any instrument presented to him by the Donor to enable the Donor to exercise the rights hereinbefore reserved. The Trustees shall have no responsibility as to such policies nor as to the premiums thereon. B. No insurance company issuing any policy shall be responsible for the application of any money or thing of value paid to the Trustees hereunder or for the carrying out of the provisions of this instrument. C. The Trustee shall use his best efforts to collect all sums payable hereunder but shall not be required to take any legal proceedings unless indemnified. V. FAILURE OF ALL BENEFICIARIES: If there shall be a failure of disposition of any beneficial interest .created under this trust , then the property comprising the beneficial interest which has failed of disposition shall be paid over and distributed, free of all trusts, as follows : Page 12 of 23 One-half of the trust property to those persons who would inherit the Donor' s property had he then died unmarried, intestate and a resident of Massachusetts and one-half to those persons who would inherit the Donor' s spouse's property had the Donor's spouse then died unmarried, intestate and a resident of Massachusetts. VI . ANTI-PERPETUITIES : Notwithstanding anything herein contained to the contrary, unless sooner terminated under the prior provisions hereof, all trusts hereunder shall terminate twenty-one (21) years after the death of the last survivor of the Donor, the Donor Is spouse and such of the Donor's issue as were living at the date of the Donor' s death, and the Trustee shall distribute the trust property then existing hereunder and any undistributed income to the Donor's issue then living in the proportions in which they were entitled to receive income immediately prior to the termination. VII. POWERS OF TRUSTEES: The Trustee shall have in addition to those conferred by law or otherwise the following discretionary powers, privileges, and exemptions: A. To administer, retain, invest, and reinvest the Trust in any state or jurisdiction and in any property, real or personal (including investment companies and common trust funds without the necessity of notice to beneficiaries) whether or not of a kind or in a proportion ordinarily considered suitable r Page 13 of 23 for trust investments and whether or not productive or marketable . To make secured or unsecured loans and with respect to mortgages and other security held by the Trust, to modify the terms thereof, to release partially, to foreclose and to purchase at foreclosure sales. To permit all or any part of the Trust property to be held in the custody of any individual or business entity whether within or without Massachusetts. B . To participate in any reorganization , recapitalization, merger or similar transaction; to give proxies or powers of attorney with or without power of substitution for voting upon any shares or certificates of interest belonging to the Trust. C. To manage real property in such manner as the Trustee shall deem best, including authority to erect, alter, or demolish buildings , to adjust boundaries , to dedicate streets or other ways for public use without compensation, to improve, repair, insure, subdivide, and vacate any of said property; to impose such easements , restrictions, conditions, stipulations and covenants as the Trustees may see fit. The Trustee shall have no duties to perform or obligations to assume with respect to any real estate,' including the duty to inspect and appraise under 12 Code of Federal Regulations 9 .7 (a) (2) , or maintain the real estate, unless so requested, so long as either the Donor, or the Donor' s spouse, is occupying Page 14 of 23 the property as a home or personal residence, provided however that upon receipt by the Trustee of a certificate signed by a physician stating that in the opinion of such physician the Donor, or the Donor's spouse, is either mentally or physically incapable of attending to business affairs then the Trustee may inspect and pay from the income or principal of the trust the reasonable expenses for mortgage payments, if any, maintenance, repairs, taxes, insurance and protection of said home. D. To sell at public or private sale, to borrow upon such terms as the Trustees may determine, to mortgage or pledge with power of sale, to lease for such times and on such terms as they may deem advisable and regardless of whether the lease may extend beyond the term of the Trust, and to exchange or partition all or any part of the property, real or personal, at any time held, without order or license from any court, and to execute any and all deeds and other instruments necessary or appropriate therefor, with or without covenants, warranties and representations. To abandon in any way, property which he or it determines not to be worth retaining. E. To carry stock certificates and other property of the Trust in the form of street certificates or in the name of a nominee of any person, including their own, or in any-other form, without disclosing the existence of any trust. F. To hold separate trusts or any shares of a trust in one or more consolidated funds in which the separate trusts Page 15 of 23 have individual interests and on any division or distribution to make the same in cash or in kind or partly in each at such valuations as they determine to be reasonable. G. To make any payment or distribution directly to any beneficiary. whether or not competent or to apply the same for his benefit and in the case of a minor, to deposit the same in a savings account in his name or to invest the same in custodianship or trust for his benefit or to make payment to his parent or guardian for his benefit. H . To determine in accordance with reasonable accounting practice what shall belong and be chargeable to principal and what shall belong and be chargeable to income, and in making that determination, the Trustees may employ an accountant or attorney-at-law and rely upon his opinion. To amortize or to refrain from amortizing bond premiums. I. To retain such reserves out of income or principal as the Trustee deems proper for expenses, taxes, depreciation, and other liabilities of the trust. J. To settle by compromise .or arbitration or otherwise any and all claims and demands in favor of or against or in any way relating to the trust property upon such terms as the Trustee deems advisable. K. If the exercise of a durable power of attorney transferring property to this trust results in a probate estate insufficient to make payments of legacies , devises, or any Page 16 of 23 other payments provided for by the Donor ' s will the Donor hereby directs the Trustee to make said payments directly from trust assets or to transfer trust assets to the Donor's estate to permit the Donor's Executor to make said payments. It is the Donor' s intention to give the Trustee wide discretion in matters of management of the trust property and the foregoing enumeration of powers is not intended to exclude .other powers reasonably incidental to such management. VIII. SPENDTHRIFT: . Except to the extent necessary to qualify the marital trusts for federal and/or state estate tax marital deductions, no person to whom any reversionary, future, or expectant interest is given, nor any person entitled to any income , shall have power to alienate or dispose of such interest or income by anticipation or to subject the same to his debts or liabilities, and no such interest or income shall be liable for his debts or liabilities. IX. FREQUENCY OF INCOME PAYMENTS: Nondiscretionary payments of income shall be made at least as frequently as quarterly. X. PAYMENT OF TAXES, LEGACIES AND OTHER EXPENSES: The Trustee may pay directly or give to the Executor or Administrator of the Donor' s estate such amounts as may be requested by such Executor or Administrator for the payment of the Donor' s debts, the Donor' s funeral expenses, the expenses of the administration of the Donor' s estate, legacies provided Page 17 of 23 for in the Donor' s will, and estate and inheritance taxes due by reason of the Donor' s death, whether due with respect to the trust property or otherwise (except the federal generation- skipping tax) . All such death taxes shall be borne by non- marital deduction trust property held under the Family Trust to the extent that the assets thereof are sufficient for that purpose Provided however, that the Trustee shall not use for these purposes any assets of the trust, or the proceeds thereof, which for the purposes of estate or inheritance taxes are not included in the Donor' s taxable estate. The Trustee may rely upon any such request and the amounts included therein without computing the taxes or other sums involved. If, at the time of the death of the Donor, the Trustee holds United States Treasury bonds redeemable at par for the payment of federal estate taxes , then notwithstanding the provisions hereinbefore set forth or any provisions to the contrary contained in the Donor' s will, the Trustee shall in any event pay such portion of the federal estate tax due by reason of the Donor' s death as is equal to the par value of said bonds. With respect to any of the property held in the Marital Trust hereunder at the time of the death of the Donor' s spouse and taxable to such spouse' s estate for inheritance or estate tax purposes, the Trustee shall, unless otherwise directed by the will of such spouse with express reference to this Page 18 of 23 II subparagraph, pay to the estate of such spouse or to the appropriate tax authorities from the trust property so taxable so much of said inheritance or estate taxes as they determine represents the increase in such taxes fairly attributable to said trust property to the end that the inheritance and estate taxes payable from the estate of said spouse shall not exceed such taxes computed as if said trust property was not taxable to said estate. The Trustee may join with the Donor' s spouse in the filing of any joint income tax or gift tax returns without duty to give or receive consideration therefor or to make compensating adjustments; to consent that half of any gifts made by the Donor' s spouse shall be considered for the purpose. of any gift tax law as made by the Donor even though it may result in additional liabilities to the Donor's estate. XI . SUCCESSOR TRUSTEES : Each Trustee hereunder (whether originally designated herein or appointed . as Successor) shall have the right to resign at any time by giving thirty days written notice to that effect to the current income beneficiaries of the trust. If the Donor shall by resignation, death or disability cease to act as Trustee , the . Donor ' s sister-in-law, JANE M. SCHURZ, shall serve as disinterested Co- Trustee . Thereafter, if a Trustee shall resign, become disabled or die, the Donor's brother-in-law, ROBERT G. PETTIT, shall act as disinterested Co-Trustee . Thereafter, if a Page 19 of 23 Trustee shall resign , become disabled or die , the acting Trustee shall serve alone. Thereafter, if all named Trustees shall resign, become disabled or die, the current income beneficiaries (or majority of such beneficiaries) shall have the right within such thirty day period to appoint a Successor Trustee and shall notify a resigning Trustee of such appointment. Such Successor Trustee must be a trust company or bank qualified to act as such in Massachusetts, possessing trust powers and having a combined capital and surplus of not less than ten million dollars. In the event the current income beneficiary (or beneficiaries) shall fail to designate a Successor Trustee within the time specified, the then acting Trustee shall appoint a Successor Trustee which must be a trust company or bank qualified to act as such in Massachusetts, possessing trust powers and having a combined capital and surplus of not less than ten million dollars. XII. DISCLAIMERS BY BENEFICIARIES: The whole or any portion of any interest in the trust property may be disclaimed by the beneficiary thereof, and such whole or portion shall be disposed of as if such beneficiary were not living; provided, however, that if the disclaimant is a person other than the surviving spouse, and if such share or portion of the trust property disclaimed would otherwise be held in a trust for the benefit of more than one person including the disclaimant, the trust property so disclaimed shall instead be held in a Page 20 of 23 separate trust upon the same terms and conditions as said trust, except that the disclaimant shall have no interest therein. XIII . TRUSTEE'S POWERS DURING CHANGE: Pending the qualification of any Successor Trustee, the Trustee then in office shall have all the powers, discretions, and exemptions given to the Trustees. XIV, BOND: No Trustee shall be required to give bond or furnish surety on any bond required by law. XV. LIABILITY OF TRUSTEE: No Trustee shall be liable for the acts or omissions of a Co-Trustee, any prior Trustee, or any persons administering the Donor' s estate, nor unless requested in writing by a beneficiary shall he be obliged to inquire into such acts or omissions, or to ascertain that the property transferred to him is the entire trust property. XVI . RECORDING OF TRUST INSTRUMENT: If the Trust Instrument is recorded in a Registry of Deeds, any resignation, appointment, acceptance of trust or other instrument (including any amendment or revocation if permitted hereunder) may, but need not, be recorded in said Registry. XVII. CERTIFICATE BY TRUSTEE: A written statement of any Trustee at any time as to any facts relative to the trust may always be relied . upon and shall always be conclusive evidence in favor of any transfer agent and any other person dealing in good . f aith with the Trustees in reliance upon such statement. Page 21 of 23 IN XVIII. ACCOUNTING: The Trustee shall render accounts of the administration of the Trust annually, except during such time, if any, as this trust is revocable by the Donor and the Donor' s guardian or conservator has waived such accounting in writing. The assent by all the persons who, for the period of any account, were entitled or eligible to receive the income of the trust and on the last day of the account would have been entitled to receive the principal of the trust if it had then terminated and who were of full age and legal capacity (but if under guardianship or conservatorship, then by the guardian or conservator, or if deceased by the Executor or Administrator) , shall make such account, in the absence of fraud or manifest error, binding and conclusive upon all persons then having or who may thereafter have any interest, vested or contingent, in the income or principal of the trust estate. The failure of any such person to object to any such account by a writing mailed to the Trustees within sixty days of the receipt of a copy of the account shall be deemed to be an assent by such person. XIX. GOVERNING LAW: This trust shall be interpreted in accordance with the laws of The Commonwealth of Massachusetts and its validity and administration shall be governed by said laws except with respect to such assets as are required by law to be governed by the laws of some other jurisdiction. Page 22 of 23 IN WITNESS WHEREOF, the said JOHN A. BLAKE, as Donor and Trustee, and EDNA M. BLAKE as Trustee, have set their hands and seals to this instrument on this day of October, 1991. I _Ile tit `l /if. 'JOHN A. BLAKE, Donor JOHN A. BLAKE, Trustee EDNA M. BLAKE, Trustee COMMONWEALTH OF MASSACHUSETTS COUNTY OF NORFOLK , ss. October to , 1991 Then personally appeared JOHN A. BLAKE and ackn ledged the foregoing instrument to be his free ac d ee b C�1 NO Y PUBLIC M commission expires. MARK A.LEAHY - NOTARY PUBLIC COMMMSIf NY EXPIRES: SE PTEMSER 3,1993 Page 23 of 23 THE EDNA M. BLAKE TRUST OF OCTOBER 30, 1991 DECLARATION OF TRUST made by EDNA M. BLAKE of Norwell, Massachusetts, (hereinafter the "Donor") , who declares himself and JOHN A. BLAKE of Norwell , Massachusetts , Trustees (hereinafter the "Trustees" or "Trustee" ) of the sum of Ten Dollars ($10. 00) to hold and administer the same, together with all additions thereto, INTRUST, on the terms and conditions of this Declaration. WITNESSETH THAT: WHEREAS, the Donor, or any other person, may, from time to time, assign, transfer, devise, bequeath or pay over to the Trustees property, real or personal. NOW THEREFORE, the Trustees do hereby declare, covenant and agree that they will hold said property in safekeeping, and in the event of the payment or transfer to them of any other property, real or personal, they will hold the same upon the trusts hereinafter set forth, namely: I . DURING DONOR'S LIFETIME: The Trustees shall receive, hold and manage all property at any time comprising the trust estate and shall invest and reinvest the same and shall collect income thereon and shall pay over to or expend the same for the comfort, health, maintenance and support of the Donor during the Donor' s lifetime and shall also pay to the Page l. of 21 Donor or expend for the Donor ' s benefit so much of the principal thereof as the Donor may in writing request. The Trustees are authorized, in their absolute discretion, to pay from the income and principal of the trust property such amounts , if any, to or for the benefit of the Donor, the Donor ' s spouse, or any person dependent on the Donor for support. II. POWER TO AMEND AND REVOKE: The Donor reserves the right to amend or revoke this trust by an instrument in writing signed by the Donor and delivered to the Trustees . No amendment which changes the duties of the Trustees shall be effective unless consented to by the Trustees. The right to amend or revoke this trust shall be personal to the Donor, and shall not be exercised by any representative , agent , conservator, or attorney-in-fact. III. DISPOSITION ON THE DONOR'S DEATH: A. ALLOCATION OF PROPERTY INTO SEPARATE TRUSTS 1 . Upon the Donor' s death, if the Donor ' s spouse survives the Donor, the Trustees shall divide all property of the trust into two separate trusts , to be designated the Marital Trust and the Family Trust, pursuant to the formula contained in this Section. 2. The Marital Trust shall be established by setting aside an amount equal to the maximum Massachusetts Marital deduction allowable to the Donor' s estate: Page 2 of 21 F , a. plus the minimum amount necessary, after taking into account all deductions and credits available to the Donor' s estate, to eliminate, or reduce to the least possible amount, the federal estate tax on the Donor' s estate; b. less the value of any property which has passed to the Donor's spouse other than by this trust and which is both: i. includable in the Donor' s estate for Massachusetts estate tax purposes, and ii . deductible to the Donor ' s estate under the Massachusetts Marital deduction. 3 . The Marital Trust shall be administered according to Section C. of this Article. 4 . If the Donor' s spouse survives the Donor, the Family Trust shall be funded with all property remaining after the Marital Trust is fully funded pursuant to the foregoing formula. 5 . If the Donor' s spouse does not survive the Donor, all property of the trust shall be allocated to the Family Trust. 6. The Family Trust shall be administered according to Section E of this Article. B. RULES FOR FUNDING MARITAL TRUSTS: 1 . The Trustees shall have discretion to fund the Marital Trust wholly or partly in cash or in kind, in installments or at one time. For purposes of funding the Page 3 of 21 v Marital Trust, all property shall be valued at its fair market value at the date of distribution. 2 . The Trustees shall not allocate to the Marital Trust (a) any property or the proceeds of any property that does not qualify for the federal estate tax marital deduction and any applicable state estate tax marital deduction, or (b) to the extent that sufficient other property is available, any property or the proceeds of any property that is subject to foreign death taxes or is redeemed at par in payment of federal estate taxes. 3 . The Trustees are directed to allocate to any Marital Trust established by this instrument, as income and not as principal, its proportionate share of all income from the date of the Donor's death, including income received by the executor or administrator of the Donor's estate and transferred to the Trustees. 4 . Notwithstanding any other provisions of this instrument, if the Donor's spouse and the Donor die under such circumstances that the order of their deaths cannot be established by proof, then the Donor shall be deemed to have survived the Donor' s spouse. C. THE MARITAL TRUST: 1. The Marital Trust shall be administered as provided in this Section C. 2. The Trusteess shall pay to the Donor' s spouse the net income from the date of the Donor ' s death, at least Page 4 of 21 quarter-annually, for life. In addition, the Trustees shall pay to the Donor' s spouse so much of the principal as the Donor' s spouse may demand from time to time in one or more writing(s) delivered to the Trustees, and so much additional principal as the Trustees deem appropriate in the Trustees ' discretion. 3. Upon the death of the Donor's spouse, the Trustees shall distribute the principal, as it may then exist, to such person or persons, including the Donor' s spouse' s estate, as the Donor ' s spouse shall appoint by a will specifically referring to this power. Any portion or all of the principal not fully and effectually so appointed shall be added to and consolidated with the Family Trust and shall be administered as part of the principal of the Family Trust. D. RULES FOR ADMINISTRATION OF THE MARITAL TRUST: 1. It is the Donor' s intent that any Marital Trust created by this instrument qualify for the estate tax marital deduction. This instrument shall always be interpreted and administered consistently with that intent. In particular, without limiting the general application of the preceding sentence , the Donor directs the Trustees to observe the following rules in administering the Marital Trust , notwithstanding any other provisions of this trust. 2. On receipt of a written request from the Donor' s spouse, any unproductive property held as a part of the Marital Page 5 of 21 I r Trust shall be made productive or converted within a reasonable time into productive property. 3 . The powers and discretions of the Trustees shall not be exercised in such a manner as would cause the Marital Trust to fail to qualify for any estate tax marital deduction otherwise applicable in the computation of the estate taxes on the Donor' s estate. 4. No debts, expenses or taxes of the Donor's estate shall be paid out of the Marital Trust. E. THE FAMILY TRUST: 1. The Family Trust shall be administered as provided in this Section E. 2. The Trustees shall pay to the Donor's spouse the net income , from the date of the Donor' s death, at least quarter-annually, for life. In addition, the Trustees shall pay to or apply for the benefit of the Donor' s spouse so much of the principal as the disinterested Trustee deems appropriate, in the disinterested Trustee' s discretion. 3. Upon the death of the survivor of the Donor and the Donor's spouse, the Trustees shall divide the remaining balance of principal in the trust fund, together with any accrued and accumulated income thereon, into as many equal shares as there may be children of the Donor then living and children then deceased leaving issue then living, and the Trustees shall hold and dispose of said shares as hereinafter set. forth in Page 6 of 21 paragraphs a through g inclusive; provided, however, that upon apportionment into shares, such adjustment in said shares may be made as the Trustees may determine to be equitable in order to compensate for unequal payments or advancements made to a child (the issue of a deceased child for such purpose being treated as collectively representing that child) from the Family Trust. a. In the case of each share apportioned to a living child of the Donor, the Trustees shall pay to or apply for such child, for his or her life , the net income of the share apportioned to him or to her . In addition to said income payments , the Trustees may make payments of principal to or expend the same for any child of the Donor from his or her share, and to or for the issue of any such child of the Donor from such child' s share, as the Trustees may determine in the Trustees ' absolute discretion for the health, maintenance, support, and education of such child and the issue of such child, or any one or more of them. b . Anything hereinbefore to the contrary notwithstanding, following the death of the survivor of the Donor and the Donor' s spouse, and after the division of the trust fund into shares as hereinbefore provided, the Trustees shall pay to any child of the Donor from time to time after such child has attained twenty-five (25) years of age such portion or portions of the principal of such child' s share as Page 7 of 21 distribute said share, free of all trusts, to such issue, by right of representation, subject, however, to the provisions hereinafter set forth in paragraph e. e. In the event that pursuant to the provisions of the preceding paragraph or paragraph c any portion of the trust estate becomes distributable to a person under twenty-five (25) years, then notwithstanding anything herein contained to the contrary, the Trustees shall continue to hold that portion in trust until the distributee attains the age of twenty-five (25) years or sooner dies, and until such time shall pay to or expend for such person so much of the net income and principal as the Trustees may determine, in their absolute discretion, for health, maintenance , support and education. When the beneficiary attains the age of twenty-five (25) years , the trust property shall be distributed to him free of all trusts. In the event that any beneficiary dies prior to attaining the age of twenty-five (25) years, the Trustees shall distribute his portion to his then living issue by right of representation and in default of such issue, to his estate. f. If property held in trust under the provisions of this Article becomes distributable from the Family Trust to issue of the Donor for whose primary benefit a share or portion of a share is then held in trust hereunder, the property otherwise distributable to such issue shall be added to such share or portion and administered as an integral part thereof. Page 9 of 21 g. The Trustees, in the Trustees ' absolute discretion, may terminate any trust hereunder and distribute the same, free of all trusts, to the beneficiaries then entitled to receive the income thereof. IV. LIFE INSURANCE POLICIES: With respect to any life insurance policies which are or shall become subject to this Declaration of Trust: A. The Donor reserves the right by the Donor' s own act alone, without the consent or approval of the Trustee, to sell, assign or hypothecate said policies , or any of them, to exercise any option or privileges granted by any of such policies, including but not limited to the right to change the beneficiary of any policy, to borrow any sum in accordance with the provisions of any of said policies and to receive all payments, dividends, surrender values, benefits or privileges of any kind which may accrue on account of said policies during the Donor' s lifetime. The Trustees shall assent to or join in the execution of any instrument presented to him by the Donor to enable the Donor to exercise the rights hereinbefore reserved. The Trustees shall have no responsibility as to such policies nor as to the premiums thereon. B. No insurance company issuing any policy shall be responsible for the application of any money or thing of value paid to the Trustees hereunder or for the carrying out of the provisions of this instrument. Page 10 of 21 C. The Trustee shall use his best efforts to collect all sums payable hereunder but shall not be required to take any legal proceedings unless indemnified. V. FAILURE OF ALL BENEFICIARIES: If there shall be a failure of disposition of any beneficial interest created under this trust , then the property comprising the beneficial .interest which has failed of disposition shall be paid over and distributed, free of all trusts, as follows: One-half of the trust property to those persons who would inherit the Donor's property had he then died unmarried, intestate and a resident of Massachusetts and one-half to those persons who would inherit the Donor' s spouse's property had the Donor's spouse then died unmarried, intestate and a resident of Massachusetts. VI . ANTI-PERPETUITIES : Notwithstanding anything herein contained to the contrary, unless sooner terminated under the prior provisions hereof, all trusts hereunder shall terminate twenty-one (21) years after the death of the last survivor of the Donor, the Donor' s spouse and such of the Donor's issue as were living at the date of the Donor's death, and the Trustee shall distribute the trust property then existing hereunder and any undistributed income to the Donor's issue then living in the proportions in which they were entitled to receive income immediately prior to the termination. Page 11 of 21 .--- � VII. POWERS OF TRUSTEES: The Trustee shall have in addition to those conferred by law or otherwise the following discretionary powers, privileges, and exemptions: A. To administer, retain, invest, and reinvest the Trust in any state or jurisdiction and in any property, real or personal (including investment companies and common trust funds without the necessity of notice to beneficiaries) whether or not of a kind or in a proportion ordinarily considered suitable for trust investments and whether or not productive or marketable . To make secured or unsecured loans and with respect to mortgages and other security held by the Trust, to modify the terms thereof, to release partially, to foreclose and to purchase at foreclosure sales. To permit all or any part of the Trust property to be held in the custody of any individual or business entity whether within or without Massachusetts. B . To participate in any reorganization , recapitalization, merger or similar transaction; to give proxies or powers of attorney with or without power of substitution for voting upon any shares or certificates of interest belonging to the Trust. C. . To manage real property in such manner as the Trustee shall deem best, including authority to erect, alter, or demolish buildings , to adjust boundaries , to dedicate streets or other ways for public use without compensation, to Page 12 of 21 improve, repair, insure, subdivide, and vacate any of said property; to impose such easements, restrictions, conditions, stipulations and covenants as the Trustees may see fit. The Trustee shall have no duties to perform or obligations to assume with respect to any real estate, including the duty to inspect and appraise under 12 Code of Federal Regulations 9.7 (a) (2) , or maintain the real estate, unless so requested, so long as either the Donor, or the Donor's spouse, is occupying the property as a home or personal residence, provided however that upon receipt by the Trustee of a certificate signed by a physician stating that in the opinion of such physician the Donor, or the Donor's spouse, is either mentally or physically incapable of attending to business affairs then the Trustee may inspect and pay from the income or principal of the trust the reasonable expenses for mortgage payments, if any, maintenance, repairs, taxes, insurance and protection of said home. D. To sell at public or private sale, to borrow upon such terms as the Trustees may determine, to mortgage or pledge with power of sale, to lease for such times and on such terms as they may deem advisable and regardless of whether the lease may extend beyond the term of the Trust, and to exchange or partition all or any part of the property, real or personal, at any time held, without order or license from any court, and to execute any and all deeds and other instruments necessary or appropriate therefor, with or without covenants, warranties and Page 13 of 21 representations. To abandon in any way, property which he or it determines not to be worth retaining. E. To carry stock certificates and other property of the Trust in the form of street certificates or in the name of a nominee of any person, including their own, or in any other form, without disclosing the existence of any trust. F. To hold separate trusts or any shares of a trust in one or more consolidated funds .in which the separate trusts have individual interests and on any division or distribution to make the same in cash or in kind or partly in each at such valuations as they determine to be reasonable. G. To make any payment or distribution directly to any beneficiary whether or not competent or to apply the same for . his benefit and in the case of a minor, to deposit the same in a savings account in his name or to invest the same in custodianship or trust for his benefit or to make payment to his parent or guardian for his benefit. H. To determine in accordance with reasonable accounting practice what shall belong and be chargeable to principal and what shall belong and be chargeable to income, and in making that determination, the Trustees may employ an accountant or attorney-at-law and rely upon his opinion. To amortize or to refrain from amortizing bond premiums. I. To retain such reserves out of income or principal as the Trustee deems proper for expenses, taxes, depreciation, and other liabilities of the trust. Page 14 of 21 J. To settle by compromise or arbitration or otherwise any and all claims and demands in favor of or against or in any way relating to the trust property upon such terms as the Trustee deems advisable. K. If the exercise of a durable power of attorney transferring property to this trust results in a probate estate insufficient to make payments of legacies , devises, or any other payments provided for by the Donor' s will the Donor hereby directs the Trustee to make said payments directly from trust assets or to transfer trust assets to the Donor' s estate to permit the Donor' s Executor to make said payments. It is the Donor's intention to give the Trustee wide discretion in matters of management of the trust property and the foregoing enumeration of powers is not intended to exclude other powers reasonably incidental to such management. VIII. SPENDTHRIFT: Except to the extent necessary to qualify the marital trusts for federal and/or state estate tax marital deductions, no person to whom any reversionary, future, or expectant interest is given, nor any person entitled to any income , shall have power to alienate or dispose of such interest or income by anticipation or to subject the same to his debts or liabilities, and no such interest or income shall be liable for his debts or liabilities. IX. FREQUENCY OF INCOME PAYMENTS: Nondiscretionary payments of income shall be made at least as frequently as quarterly. Page 15 of 21 he or she shall request in writing, except that, so long as such child is under thirty-five ( 35 ) years of age , the aggregate value of such payments shall not exceed the value of the following fractions of the principal of such child's share, viz. , i. one-quarter (1/4) thereof if and so long as such child is under thirty (30) years of age; ii. one-half (1/2) thereof if and so long as such child is under thirty-five (35) years of age. For this purpose the value of such principal shall be the value thereof on the date that the distribution is to be made. The Trustees' determination in this regard shall be final and binding on all concerned. C . On the death of a child of the Donor, after the division of the trust fund into shares as hereinbefore provided, the share of such child as it then exists shall be distributed as he shall appoint by his last will and testament, making specific reference to this power and this trust. In default of the exercise of this power of appointment, the share of said child shall be distributed to his then living issue by right of representation, or if none, to the then living issue of the Donor by right of representation, subject, however, to the provisions in paragraphs e and f below. d. In case a share is set aside for the issue then living of a deceased child of the Donor, the Trustees shall Page 8 of 21 X. PAYMENT OF TAXES, LEGACIES AND OTHER EXPENSES: The Trustee may pay directly or give to the Executor or Administrator of the Donor' s estate such amounts as may be requested by such Executor or Administrator for the payment of the Donor's debts, the Donor' s funeral expenses, the expenses of the administration of the Donor' s estate, legacies provided for in the Donor' s will, and estate and inheritance taxes due by reason of the Donor's death, whether due with respect to the trust property or otherwise (except the federal generation- skipping tax) . All such death taxes shall be borne by non- marital deduction trust property held under the Family Trust to the extent that the assets thereof are sufficient for that purpose Provided however, that the Trustee shall not use for these purposes any assets of the trust, or the proceeds thereof, which for the purposes of estate or inheritance taxes are not included in the Donor' s taxable estate. The Trustee may rely upon any such request and the amounts included therein without computing the taxes or other sums involved. If, at the time of the death of the Donor, the Trustee holds United States Treasury bonds redeemable at par for the payment of federal estate taxes , then notwithstanding the provisions hereinbefore set forth or any provisions to the contrary contained in the Donor's will, the Trustee shall in any event pay such portion of the federal estate tax due by reason of the Donor' s death as is equal to the par value of said bonds. Page 16 of 21 With respect to any of the property held in the Marital Trust hereunder at the time of the death of the Donor' s spouse and taxable to such spouse' s estate for inheritance or estate tax purposes, the Trustee shall, unless otherwise directed by the will of such spouse with express reference to this subparagraph, pay to the estate of such spouse or to the appropriate tax authorities from the trust property so taxable so much of said inheritance or estate taxes as they determine represents the increase in such taxes fairly attributable to said trust property to the end that the inheritance and estate taxes payable from the estate of said spouse shall not exceed such taxes computed as if said trust property was not taxable to said estate. The Trustee may join with the Donor' s spouse in the filing of any joint income tax or gift tax returns without duty to give or receive consideration therefor or to make compensating adjustments ; to consent that half of any gifts made by the Donor's spouse shall be considered for the purpose of any gift tax law as made by the Donor even though it may result in additional liabilities to the Donor' s estate. XI . SUCCESSOR TRUSTEES : Each Trustee hereunder (whether originally designated herein or appointed as Successor) shall have the right to resign at any time by giving thirty days written notice to that effect to the current income beneficiaries of the trust. If the Donor shall by resignation, Page 17 of 21 death or disability cease to act as Trustee, the Donor' s sister, JANE M. SCHURZ, shall serve as disinterested Co Trustee . Thereafter, if a Trustee shall resign, become disabled or die, the Donor' s brother, ROBERT G. PETTIT, shall act as disinterested Co-Trustee. Thereafter, if a Trustee shall resign, become disabled or die, the acting Trustee shall serve alone. Thereafter, if all named Trustees shall resign, become disabled or die, the current income beneficiaries (or majority of such beneficiaries) shall have the right within such thirty day period to appoint a Successor Trustee and shall notify a resigning Trustee of such appointment. Such Successor Trustee must be a trust company or bank qualified to act as such in Massachusetts , possessing trust powers and having a combined capital and surplus of not less than ten million dollars . In the event the current income beneficiary (or beneficiaries) shall fail to designate a Successor Trustee within the time specified, the then acting Trustee shall appoint a Successor Trustee which must be a trust company or bank qualified to act as such in Massachusetts , possessing trust powers and having a combined capital and surplus of not less than ten million dollars. XII. DISCLAIMERS BY BENEFICIARIES: The whole or any portion of any interest in the trust property may be disclaimed by the beneficiary thereof, and such whole or portion shall be disposed of as if such beneficiary were not living; provided, Page 18 of 21 however, that if the disclaimant is a person other than the surviving spouse, and if such share or portion of the trust property disclaimed would otherwise be held in a trust for the benefit of more than one person including the disclaimant, the trust property so disclaimed shall instead be held in a separate trust upon the same terms and conditions as said trust, except that the disclaimant shall have no interest therein. XIII . TRUSTEE'S POWERS DURING CHANGE: Pending the qualification of any Successor Trustee, the Trustee then in office shall have all the powers, discretions, and exemptions given to the Trustees. XIV. BOND: No Trustee shall be required to give bond or furnish surety on any bond required by law. XV. LIABILITY OF TRUSTEE: No Trustee shall be liable for the acts or omissions of a Co-Trustee, any prior Trustee, or any persons administering the Donor' s estate, nor unless requested in writing by a beneficiary shall he be obliged to inquire into such acts or omissions, or to ascertain that the property transferred to him is the entire trust property. XVI . RECORDING OF TRUST INSTRUMENT: If the Trust Instrument is recorded in a Registry of Deeds, any resignation, appointment, acceptance of trust or other instrument (including any amendment or revocation if permitted hereunder) may, but need not, be recorded in said Registry. Page 19 of 21 XVII. CERTIFICATE BY TRUSTEE: A written statement of any Trustee at any time as to any facts relative to the trust may always be relied upon and shall always be conclusive evidence in favor of any transfer agent and any other person dealing in good faith with the Trustees in reliance upon such statement. XVIII. ACCOUNTING: The Trustee shall render accounts of the administration of the Trust annually, except during such time, if any, as this trust is revocable by the Donor and the Donor's guardian or conservator has waived such accounting in writing. The assent by all the persons who, for the period of any account, were entitled or eligible to receive the income of the trust and on the last day of the account would have been entitled to receive the principal of the trust if it had then terminated and who were of full age and legal capacity (but if under guardianship or conservatorship, then by the guardian or conservator, or if deceased by the Executor or Administrator) , shall make such account, in the absence of fraud or manifest error, binding and conclusive upon all persons then having or who may thereafter have any interest, vested or contingent, in the income or principal of the trust estate. The failure of any such person to object to any such account by a writing mailed to the Trustees within sixty days of the receipt of a copy of the account shall be deemed to be an assent by such person. Page 20 of 21 .000,000 XIX. GOVERNING LAW: This trust shall be interpreted in accordance with the laws of The Commonwealth of Massachusetts and its validity and administration shall be governed by said laws except with respect to such assets as are required by law to be governed by the laws of some other jurisdiction. IN WITNESS WHEREOF, the said EDNA M. BLAKE, as Donor and Trustee, and JOHN A. BLAKE as Trustee, have set their hands and seals to this instrument on this day of October, 1991. EDNA M. BLAKE, Donor EDNA M. BLAKE, Trustee JOHN A. BLAKE, Trustee COMMONWEALTH OF MASSACHUSETTS COUNTY OF NORFOLK ,ss. Octobers 1991 Then personally appeared EDNA M. BL E and ack wledged the foregoing instrument to be her free a d d d efore me, NO Y PUBLIC M commission ex ires: MARK A.LEAFY NOTARY PUBLIC EP EMBER SS 3,1993 Page 21 of 21 r DECLARATION OF TRUST ESTABLISHING THE BAY REALTY TRUST JOHN A. BLAKE and EDNA M. BLAKE both of 20 Fox Hill Lane, Norwell, Massachusetts, (the "Trustees") , hereby declare that Ten (10) Dollars is held in trust hereunder and any and all additional property and interest in property, real and personal, that may be acquired hereunder (the "Trust Estate") shall be held in trust, solely as nominee, for the sole benefit of the individuals or entities listed in the Schedule of Beneficiaries in the proportions stated in said Schedule, which Schedule has this day been executed by the Beneficiaries and filed with the Trustees with receipt acknowledged by at least one Trustee (hereafter, as it may be amended, "Schedule of Beneficiaries") . SECTION ONE Name and Purpose 1. 1 This Trust shall be known as the BAY REALTY TRUST and is intended to be a nominee trust, so-called, for federal and state income tax purposes and to hold the record legal title to the Trust Estate and such functions as are necessarily incidental thereto. SECTION TWO Trustees 2 . 1 In the event there are two Trustees, ANY ONE TRUSTEE may execute any and all instruments and certificates necessary to carry out the provisions of the Trust. In the event there are more than two Trustees, ANY TWO TRUSTEES, except as otherwise provided in Paragraph 7 .2, may execute such instruments and certificates necessary to carry out the provisions of the Trust. 2.2 No Trustee shall be required to furnish bond. No Trustee hereunder shall be liable for any action taken at the direction of the Beneficiaries, nor any error of . judgment nor for any loss arising out of any act or omission in the execution of the Trust so long as acting in good faith, but shall be responsible only for his or her own willful breach of trust. No license _of court shall be requisite to the validity of any transaction entered into by the Trustees. No purchaser, Page 1 transferee, pledgee, mortgagee or other lender shall be under any liability to see to the application of the purchase money or of any money or property loaned or delivered to any Trustee or to see that the terms and conditions of this Trust have been complied with. Every agreement, lease, deed, mortgage, note or other instrument or document executed or action taken by the person or persons appearing from the records of the Registry of Deeds to be Trustees, as required by Paragraph 2. 1, shall be conclusive evidence in favor of every person relying thereon or claiming thereunder that at the time of the delivery the or of the taking of such action this Trust was in full force and effect, that the execution and delivery thereof or taking of such action was duly authorized, empowered and directed by the Beneficiaries, and that such instrument or document or action is valid, binding, effective and legally enforceable. 2. 3 Any person dealing with the Trust Estate or the Trustees may always rely without further inquiry on a certificate signed by the person or persons appearing from the records of the Registry of Deeds to be Trustees, as required by Paragraph 2. 1, as to who are the Trustees or the Beneficiaries hereunder or as to the authority of the Trustees to act or as to the existence or nonexistence of any fact or facts which constitute conditions precedent to action by the Trustees or which are in any other manner germane to the affairs of the Trust. Execution, delivery or recording of such certificate shall not be a condition precedent to the validity of any transaction of the Trust. SECTION THREE Beneficiaries 3 . 1 The term "Beneficiaries" shall mean the persons and entities listed as Beneficiaries in the . Schedule of Beneficiaries and in such revised Schedules of Beneficiaries, from time to time hereafter executed and delivered as provided above and the respective interests of the Beneficiaries shall be as therein stated. 3 . 2 Decisions made and actions taken hereunder (including without limitation, amendment and termination of the Trust; appointment and removal of Trustees; directions and notices to Trustees; and execution of documents) shall be made or taken, as the case may be, by all of the Beneficiaries. 3 . 3 Any Trustee may without impropriety become a Beneficiary hereunder and exercise all rights of a Beneficiary with the same effect as though he or she or it were not a Trustee . The parties hereunder recognize that if a sole Page 2 Trustee and a sole Beneficiary are one and the same person, legal and equitable title shall merge as a matter of law. SECTION FOUR Powers of Trustees 4. 1 The Trustees shall hold the principal of this Trust and receive the income therefrom for the benefit of the Beneficiaries, and shall pay over the principal and income pursuant to the direction of all of the Beneficiaries and without such direction shall pay the income to the Beneficiaries in proportion to their respective interests. 4. 2 Except as hereinafter provided in case of the termination of this Trust, the Trustees shall have no power to deal in or with the Trust Estate except as directed by all of the Beneficiaries. When, as, if and to the extent specifically directed by all of the Beneficiaries, the Trustees shall have the following powers: 4. 2. 1 to buy, sell, convey, assign, mortgage or otherwise dispose of any part of the Trust Estate and as landlord or tenant execute and deliver leases and subleases; 4 . 2.2 to execute and deliver notes for borrowing for the Beneficiaries; 4 . 2. 3 to grant easements or acquire rights or easements and enter into agreements and arrangements with respect to the Trust Estate; 4.2.4 to endorse and deposit checks in an account for the benefit of the Beneficiaries; 4. 2. 5 but the Trustees shall have NO AUTHORITY TO MAINTAIN BANK ACCOUNTS IN THE NAME OF THE TRUST OR TRUSTEES but they may maintain bank accounts in the name of the Beneficiaries. In the event of a violation of this subparagraph, the Trustees shall indemnify and save harmless the Beneficiaries from any liability resulting therefrom, including taxes and accounting expenses. Any and all instruments executed pursuant to such direction may create obligations extending over any periods of time, including periods extending beyond the date of any possible Page 3 termination of the Trust. A direction to the Trustees by the Beneficiaries may be by a Durable Power of Attorney. 4.3 Notwithstanding any provision contained herein, no Trustee shall be required to take any action which will, in the opinion of such Trustee, involve the Trustee in any personal liability unless first satisfactorily indemnified. 4.4 All persons extending credit to, contracting with or having any claim against the Trustees shall look only to the funds and property of this Trust for payment of any contract, or claim, or for the payment of any debt, damage, judgment, or decree , or for any money that may otherwise become due or payable to them from the Trustees, so that neither the Trustees nor the Beneficiaries shall be personally liable therefor. If any Trustee shall at any time for any reason (other than for willful breach of trust) be held to be under any personal liability as such Trustee, then such Trustee shall be held harmless and indemnified by the Beneficiaries, jointly and severally, against all loss, costs , damage, or expense by reason of such liability. SECTION FIVE Termination 5. 1 This Trust may be terminated at any time by notice in writing from all of the Beneficiaries, provided that such termination shall be effective only when a certificate thereof signed by the Trustees shall be recorded with the Registry of Deeds. Notwithstanding any other provision of this Declaration of Trust, and consistent with the intention of the undersigned that this Trust shall not violate the Rule against Perpetuities, this Trust shall terminate in any event TWENTY (20) years from the date of death of the last surviving Trustee of the original Trustees named in this instrument. 5:2 In the case of any termination of the Trust, the Trustees shall transfer and convey the specific assets constituting the Trust Estate , subject to any leases , mortgages, contracts or other encumbrances on the Trust Estate, to the' Beneficiaries , provided, however, the Trustees may retain such portion thereof as in their opinion is necessary to discharge any expense or liability, determined or contingent, of the Trust. Page 4 SECTION SIX Amendments 6. 1 This Declaration of Trust may be amended from time to time by an instrument in writing signed by all of the Beneficiaries and delivered to the Trustees, provided in each case that the amendment shall not become effective until the instrument of amendment or a certificate setting forth the terms of such amendment, signed by the Trustees, is recorded with the Registry of Deeds. SECTION SEVEN Resignation and Successor Trustee 7. 1 Any Trustee hereunder may resign at any time by an instrument in writing signed and acknowledged by such Trustee and delivered to all remaining Trustees and to each Beneficiary. Such resignation shall take effect on the later of the date specified therein or upon the date of the recording of such an instrument with the Registry of Deeds. 7.2 Succeeding or additional Trustees may be appointed or any Trustee may be removed by an instrument or instruments in writing signed by all of the Beneficiaries, provided in each case that a certificate signed by ANY TRUSTEE naming the Trustee or Trustees appointed or removed and, in the case of an appointment, the acceptance in writing by the Trustee or Trustees appointed, shall be recorded in the Registry of Deeds. Upon the recording of such instrument, the legal title to the Trust Estate shall, without the necessity of any conveyance, be vested in said succeeding or additional Trustee or Trustees, with all the rights, powers, authority and privileges as if named as an original Trustee hereunder. 7 . 3 In the event that there is no Trustee, either through the death or resignation of a sole Trustee without prior appointment of a successor Trustee or for any other cause, a person purporting to be a successor Trustee hereunder may record in the Registry of Deeds an affidavit, under pains and penalties of perjury, stating he or she has been appointed by all of the Beneficiaries a successor Trustee . Such affidavit when recorded with an attorney's certificate under M.G.L. c . 183 , Section 5B, stating that such attorney has knowledge of the affairs of the Trust and that the person signing the affidavit has been appointed a Trustee by all of the Beneficiaries, shall have the same force and effect as if the certificate of a Trustee or Trustees required or permitted hereunder had been recorded and persons dealing with the Trust Page 5 or Trust Estate may always rely without further inquiry upon such an affidavit as so executed and recorded as to the matters stated herein. SECTION EIGHT Governina Law 8. 1 This Declaration of Trust shall be construed in accordance with the laws of the Commonwealth of Massachusetts. SECTION NINE Registry of Deeds 9 . 1 The term "Registry of Deeds" shall mean the Registry of Deeds or Registry District of the Land Court for the district in the Commonwealth of Massachusetts in which the real estate which is the subject of this Trust is located, and in which this Declaration of Trust is recorded or registered. Executed as a sealed instrument on October 30, 1991. "JOHN A. BLAKE ED A M. BLAKE COMMONWEALTH OF MASSACHUSETTS NORFOLK, ss. October 30, 1991 Then personally appeared the above-named JOHN A. BLAKE and EDNA M. BLAKE and acknowledged the forgoing instr t to be their free acts and deeds before me, Nptary Public y Commission ex •LEAKY NQT PUBLIC COMMISSION EXPIRES: SEp MBER 3,1993 From the office of: Mark A. Leahy, Esq. 111 Willard St. Quincy, MA 02169 (617) 328-1595 Page 6 SCHEDULE OF BENEFICIARIES OF THE BAY REALTY TRUST The undersigned hereby certify that they are the sole Beneficiary of the BAY REALTY TRUST established under a Declaration of Trust dated October 30 , 1991 , and that the following is their beneficial interest thereunder: PERCENTAGE OF BENEFICIARY BENEFICIAL INTEREST JOHN A. BLAKE and EDNA M. BLAKE Trustees of THE EDNA M. BLAKE TRUST 100% of October 30 , 1991 The terms of said BAY REALTY TRUST dated October 30 , 1991 are hereby approved and the undersigned Beneficiaries in consideration of the execution at the request by the Trustees therein named for ourselves and our successors in interest, agree with said Trustees (a) to be bound by said Trust, (b) to save said Trustees and their successors harmless and indemnified from and against all claims and demands of every name and nature which he may suffer or incur by reason of any action taken at the direction of the Beneficiaries, or for any error of judgment, or for any loss arising out of any act or omission in the execution of the Trust so long as the Trustees act in good faith, and (c) that the Trustees may withhold from any distribution, transfer or conveyance such amounts as they from . time to time reasonably deem necessary to protect themselves from such liability, and (d) that each Trustee shall be responsible only for such Trustee ' s own willful breach of trust, and (e) to reimburse the Trustees promptly upon request for all costs and expenses, including reasonable compensation, incurred or suffered by them. 1991 . WITNESS the execution hereof under seal on October 30, ' JOHN A. BLAKE EDNA M. BLAKE RECEIPT OF SCHEDULE OF BENEFICIARIES I , the undersigned, hereby certify that I am one of the Trustees under said Declaration of Trust and that the above Schedule of Beneficiaries has been filed with me on October 30 , 1991 . DECLARATION OF TRUST ESTABLISHING THE VILLAGE REALTY TRUST JOHN A. BLAKE and EDNA M. BLAKE both of 20 Fox Hill Lane, Norwell, Massachusetts, (the "Trustees") , hereby declare that Ten (10) Dollars is held in trust hereunder and any and all additional property and interest in property, real and personal, that may be acquired hereunder (the "Trust Estate") shall be held in trust, solely as nominee, for the sole benefit of the individuals or entities listed in the Schedule of Beneficiaries in the proportions stated in said Schedule, which Schedule has this day been executed by the Beneficiaries and filed with the Trustees with receipt acknowledged by at least one Trustee (hereafter, as it may be amended, "Schedule of Beneficiaries") . SECTION ONE Name and Purpose 1. 1 This 'Trust shall be known as the VILLAGE REALTY TRUST and is intended to be a nominee trust, so-called, for federal and state income tax purposes and to hold the record legal title to the Trust Estate and such functions as are necessarily incidental thereto. SECTION TWO Trustees 2 . 1 In the event there are two Trustees , ANY ONE TRUSTEE may execute any and all instruments and certificates necessary to carry out the provisions of the Trust. In the event there are more than two Trustees, ANY TWO TRUSTEES, except as otherwise provided in Paragraph 7.2, may execute such instruments and certificates necessary to carry out the provisions of the Trust. 2.2 No Trustee .shall be required to furnish bond. No Trustee hereunder shall be liable for any action taken at the direction of the Beneficiaries, nor any error of judgment nor for any loss arising out of any act or omission in the execution of the Trust so long as acting in good faith, but shall be responsible only for his or her own willful breach of trust. No license of court shall be requisite to the validity of any transaction entered into by the Trustees. No purchaser, Page 1 i transferee, pledgee, mortgagee or other lender shall be under any liability to see to the application of the purchase money or of any money or property loaned or delivered to any Trustee or to see that the terms and conditions of this Trust have been complied with. Every agreement, lease, deed, mortgage, note or other instrument or document executed or action taken by the person or persons appearing from the records of the Registry of Deeds to be Trustees, as required by Paragraph 2. 1 shall be conclusive evidence in favor of every person relying thereon or claiming thereunder that at the time of the delivery thereof or of the taking of such action this Trust was in full force and effect, that the execution and delivery thereof or taking of such action was duly authorized, empowered and directed by the Beneficiaries, and that such instrument or document or action is valid, binding, effective and legally enforceable. 2. 3 Any person dealing with the Trust Estate or the Trustees may always rely without further inquiry on a certificate signed by the person or persons appearing from the records of the Registry of Deeds to be Trustees, as required by Paragraph 2. 1, as to who are the Trustees or the Beneficiaries hereunder or as to the authority of the Trustees to act or as to the existence or nonexistence of any fact or facts which constitute conditions precedent to action by the Trustees or which are in any other manner germane to the affairs of the Trust. Execution, delivery or recording of such certificate shall not be a condition precedent to the validity of any transaction of the Trust. SECTION THREE Beneficiaries 3. 1 The term "Beneficiaries" shall mean the persons and entities listed as Beneficiaries in the Schedule of Beneficiaries and in such revised Schedules of Beneficiaries, from time to time hereafter executed and delivered as provided above and the respective interests of the Beneficiaries shall be as therein stated. 3 . 2 Decisions made and actions taken hereunder (including without limitation, amendment and termination of the Trust; appointment and removal of Trustees; directions and notices to Trustees; and execution of documents) shall be made or taken, as the case may be, by all of the Beneficiaries. 3 . 3 Any 'Trustee may without impropriety become a Beneficiary hereunder and exercise all rights of a Beneficiary with the same effect as though he or she or it were not a Trustee . The parties hereunder recognize that if a sole Page 2 r r , Trustee and a sole Beneficiary are one and the same person, legal and equitable title shall merge as a matter of law. SECTION FOUR Powers of Trustees 4. 1 The Trustees shall hold the principal of this Trust and receive the income therefrom for the benefit of the Beneficiaries , and shall pay over the principal and income pursuant to the direction of all of the Beneficiaries and without such direction shall pay the income to the Beneficiaries in proportion to their respective interests. 4 . 2 Except as hereinafter provided in case of the termination of this Trust, the Trustees shall have no power to deal in or with the Trust Estate except as directed by all of the Beneficiaries. When, as, if and to the extent specifically directed by all of the Beneficiaries, the Trustees shall have the following powers: 4. 2. 1 to buy, sell, convey, assign, mortgage or otherwise dispose of any part of the Trust Estate and as landlord or tenant execute and deliver leases and subleases; 4.2. 2 to execute and deliver notes for borrowing for the Beneficiaries; 4 . 2. 3 to grant easements or acquire rights or easements and enter into agreements and arrangements with respect to the Trust Estate; 4.2.4 to endorse and deposit checks in an account for the benefit of the Beneficiaries; 4.2: 5 but the Trustees shall have NO AUTHORITY TO MAINTAIN BANK ACCOUNTS IN THE NAME OF THE TRUST OR TRUSTEES but they may maintain bank accounts in the name of the Beneficiaries. In the event of a violation of this subparagraph, the Trustees shall indemnify and save harmless the Beneficiaries from any liability resulting therefrom, including taxes and accounting expenses. Any and all instruments executed pursuant to such direction may create obligations extending over any periods of time , including periods extending beyond the date of any possible Page 3 r termination of the Trust. A direction to the Trustees by the Beneficiaries may be by a Durable Power of Attorney. 4.3 Notwithstanding any provision contained herein, no Trustee shall be required to take any action which will, in the opinion of such Trustee, involve the Trustee in any personal liability unless first satisfactorily indemnified. 4.4 All persons extending credit to, contracting with or having any claim against the Trustees shall look only to the funds and property of this Trust for payment of any contract, or claim, or for the payment of any debt, damage, judgment, or decree, or for any money that may otherwise become due or payable to them from the Trustees, so that neither the Trustees nor the Beneficiaries shall be personally liable therefor. If any Trustee shall at any time for any reason (other than for willful breach of trust) be held to be under any personal liability as such Trustee, then such Trustee shall be held harmless and indemnified by the Beneficiaries, jointly and severally, against all loss, costs , damage, or expense by reason of such liability. SECTION FIVE Termination 5. 1 This Trust may be terminated at any time by notice in writing from all of the Beneficiaries, provided that such termination shall be effective only when a certificate thereof signed by the Trustees shall be recorded with the Registry of Deeds. Notwithstanding any other provision of this Declaration of Trust, and consistent with the intention of the undersigned that this Trust shall not violate the Rule against Perpetuities, this Trust shall terminate in any event TWENTY (20) years from the date of death of the last surviving Trustee of the original Trustees named in this instrument. 5.2 In the case of any termination of the Trust, the Trustees shall transfer and convey the specific assets constituting the Trust Estate , subject to any leases , mortgages, contracts or other encumbrances on the Trust Estate, to the Beneficiaries, provided, however, the Trustees may retain such portion thereof as in their opinion is necessary to discharge any expense or liability, determined or contingent, of the Trust. Page 4 f w SECTION SIX Amendments 6. 1 This Declaration of Trust may be amended from time to time by an instrument in writing signed by all of the Beneficiaries and delivered to the Trustees, provided in each case that the amendment shall not become effective until the instrument of amendment or a certificate setting forth the terms of such amendment, signed by the Trustees, is recorded with the Registry of Deeds. SECTION SEVEN Resignation and Successor Trustee 7. 1 Any Trustee hereunder may resign at any time by an instrument in writing signed and acknowledged by such Trustee and delivered to all remaining Trustees and to each Beneficiary. Such resignation shall take effect on the later of the date specified therein or upon the date of the recording of such an instrument with the Registry of Deeds. 7.2 Succeeding or additional Trustees may be appointed or any Trustee may be removed by an instrument or instruments in writing signed by all of the Beneficiaries, provided in each case that a certificate signed by ANY TRUSTEE naming the Trustee or Trustees appointed or removed and, in the case of an appointment, the acceptance in writing by the Trustee or Trustees appointed, shall be recorded in the Registry of Deeds. Upon the recording of such instrument, the legal title to the Trust Estate shall, without the necessity of any conveyance, be vested in said succeeding or additional Trustee or Trustees, with all the rights, powers, authority and privileges as if named as an original Trustee hereunder. 7 . 3 In the event that there is no Trustee, either through .the death or resignation. of a ..9ole Trus.tee without prior appointment of a successor Trustee or -for any other cause, a person purporting to be a successor Trustee hereunder may record in the Registry of Deeds an affidavit, under pains and penalties of perjury, stating he or she has been appointed by all of the Beneficiaries a successor Trustee. Such affidavit . when recorded with an attorney' s certificate under M.G.L. c . 183 , Section 5B, stating that such attorney has knowledge of the affairs of the Trust and that the person signing the affidavit has been appointed a Trustee by all of the Beneficiaries, shall have the same force and effect as if the certificate of a Trustee or Trustees required or permitted hereunder had been recorded and persons dealing with the Trust Page 5 C w - , s a or Trust Estate may always rely without further inquiry upon such an affidavit as so executed and recorded as to the matters stated herein. SECTION EIGHT Governing Law 8. 1 This Declaration of Trust shall be construed in accordance with the laws of the Commonwealth of Massachusetts. SECTION NINE . Registry of Deeds 9 . 1 The term "Registry of Deeds" shall mean the Registry of Deeds or Registry District of the Land Court for the district in the Commonwealth of Massachusetts in which the real estate which is the subject of this Trust is located, and in which this Declaration of Trust is recorded or registered. Executed as a sealed instrument on October 30, 1991. . JOHN A. BLAKE EDNA M. BLAKE COMMONWEALTH OF MASSACHUSETTS NORFOLK, ss. October 30, 1991 Then personally appeared the above-named JOHN A. BLAKE and EDNA M. BLAKE and acknowledged the foregoing instrument to. be their free acts and deeds before me, Not ry Public My Commission expi es: MARK A.LEAHY• NarARY.PUBLIC COMMISSION EXPIRES: SEPTEMBER 3,1993 From the office of: Mark A. Leahy, Esq. 111 Willard St. Quincy, MA 02169 (617) 328-1595 Page 6 IL Y 0 T_u, VI-SAGE REALTY TRUST she undersigned nereb Beneficiary of the VILLAGE Y cer-if Declaration REALTY Tp rcmhat �heY are the a- aticn of Trust dated L�1 established sole fo11o1�;_n° ; s their October 30 , 1 o under -a bene f i ci.al in. 9 1 , and that-serest thereunder: ` 'c BENEFICIARY PERCENTAGE Or JOHN A. BENEFICIAL INTER ST. BLAKE and EDNA M.Trustee i3LAKE s of of OctHE JOHN A. BLAKF TRUST tober 30 , 1991. 100�6 The terms of said VILLAGE REAL.-, TRUST 30, 1991 are hereby approved in r°nsider °i the under ignedated October uulon and Trustees the execution e_ signedonn_i interest , ta1`r.reen named for ourselves at the request by the Trust, gzee w; th said Trustees and our successors in (b) to save said Trustees 1(a) LO be bound and indemnified from and a and their by said every name and nature which he said harmless against all claims and any acti.or� taken at may suffer °Y demands o; any error of ud�7.. o the direc-ion of the Be- or incur by reason of or �'� n� o_ an ez-L Sri es omission °�^ f r Y boss arising' or for Trustees in the execution king out of act i_n Oz the Trust so any act withhold gO°d faith and (c) that °ng as the from any distribution, the Trustees may amounts as they from time transfer protect themselves from to time reasonabl Or conveyance Such Trustee shall such ]-iabili Y deem necessary to willful breach be responsible only for such and (d) ghat each promptl Of trust , and (e) to r much Trustee ' Y upon request for eimburse the s own' reasonable compensation, all costs Trustees incurred and expenses, including- or suffered by the,e 1991. . n. WITNESS the execution hereof under seal on October 30 , JOnN Ay B LAKE ~l , FDI`CA RrCEIpT F —�=-SCHEDULE OF BPS rI CIAR t H 1, the undersigned, ,, -' - 1 o:x her S ne ha df Bene ; or L cc7'� C-i z z r� 7 - ��-cries has �ee� �_]_ed1LanQ� �na� she a_;'., o_,. October 30 Blab- 0-7-ao2 ,'ub j ej ,off-- (_O�:s -14-1a a a d,.��(� 6 rr (71,334 C+f� 1-76.5,gk , .Doc-ggi.o,ag4 C�f1Qr�2o E COAU� r _Wry <jane.. CoaL[1-4 c� 1asa7 y, )c ', a o JdhA A..B(a Edna M. -�. Bi rusk a rus W Q35�2a , boc, 3i9.t_Z0q 67drv-L M. 8ake 9-ia�3 17f�rs L.UJILi C�C. lasa`�3 , hoc H 1,y 1-7 o h n A a I=CI noa..M:. 31ct ,4rusEee_s o f C4(-._T3�O_, Doc. Qi3, 3 0 J o�ln '31� fi na M..BIu 3 a�i-:eta 149 to , IS0 ��5 PirS4-Way C-4. lW(o4L( , D04,),.Og9,7Sa 0.?Ar1A v 7 4b-eau/lf- C4-• mld(pa , Doc . 1,oq-S v F Car- T hl bawl+ C 3lix Ink es &Oqqq Veanntt..V.Pe-, Thomas SPizrs k e�� Oat oiv-- kx4er dr. iq53a , Doc . 3cf, �s �iQx J 7hfb�ac�(+ A���sr�.ih�bsa�i� ioo-sue 7-o4s /NS } iq-7 30 Sunset 4an_e_ C4 ll q I.7 y , DOC. q 67, SY3 -.i osxfh F bu2us T Ed i�-h W.auga s I N177 , )6( . qS`7 5PI.A Pel'A(IU Sut.DV3a_s v arc+Svsun bvjus CK f k—), Doc _ f q 7,5k& j ovfh F Du3as, 4ru.s4-e-0, _Ato& n (�w4y-frvsr .26-7s _ p4s.. l4 q i 15 ( a0 5,-ms-e Cc r,,e,_ C4 , J5774e hoc 861, If,) C4. i 63 i 6 , ,Doc . -76(p, 3R t 1a3.6a� � Sag; -387 E. Q C¢f,. /Ofqa-�2 , DEC . g09,.�)-7 /�{c�rY E Bessa iO-IS 04 3890`t( �Oc . 10, 73.7 Wi fliam Pullane Mor,( V_ P,;Ilaru /t-3 Div AFFIDAVIT I, EDNA M. BLAKE, on my own depose and say as follows: 1. On or about March 29, 1982, my husband, John A. Blake, and I acquired title to the subject Lots 146 and 148 as well as abutting Lots 142 and 144. 2. At the time of our acquisition of said lots in 1982, Lots 146 and 148 combined met the minimum requirements of the Residence B zoning district in which they were located. Lots 142 and 144 combined also met the minimum requirements of said zoning districts. 3. Since we acquired Lots 142 and 144 in 1982, my husband, John A. Blake and I have continuously used the house located on Lots 142 and 144 combined as one lot, as a "home or personal residence"; 4. 'Lots 146 and 148, combined, have been maintained as one, vacant lot. 5. 1 have not requested the Trustee(s) of the Edna M. Blake Trust of October 30, 1991 to perform any duties or assume any obligations with respect to our "home or personal residence" on Lots 142 and 144; and 6. 1 have not been deemed to be mentally or physically incapable of attending to business affairs. Signed under the pains and penalties of perjury this )I day of January, 2008. Edn M. Blake COMMONWEALTH OF MASSACHUSETTS County of 13Rxrs d g ble, . On this )Ilk day of January, 2008, before me, the undersigned notary public, personally appeared Edna M. Blake, and proved to me through satisfactory evidence of identification, �-4XA 1-4 , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its state ose. NU6&-J 4-- Notary Public: My commission a Tres: II Commonwealth of Massachusetts County of Barnstable The Superior Court CIVIL DOCKET# BACV1996-00171 BACV1998-00249 Florence Bacas, ��FI��. John T Snow vs � � 1 Marilyn J O'Brien, Zoning Board of Appeals of the Town of Barnstable JUDGMENT This action came on before the Court, John A. Tierney, Justice, presiding, and the issues having been duly tried and findings having been duly rendered, It is ORDERED and ADJUDGED: 1. that the appeal by the plaintiffs of the action of defendant, Town of Barnstable Board of Appeals, to grant a variance to defendant, Marilyn J. O'Brien, for Lot 27 of the plaintiffs'land recorded with the Barnstable Registry of Deeds in Plan Book 159, page 91, be and hereby is dismissed; and 2. that the appeal by the plaintiffs of the action of defendant, Town of Barnstable Board of Appeals, in failing to overturn the building commissioner's ;issuance of a building permit to defendant, Marilyn J. O'Brien, to construct a single-family residence on Lot 27 as shown in Plan Book 159, page 91, be and hereby is dismissed; and 3. that the Clerk of Courts shall, within thirty days after entry of this judgment, send attested copies thereof to the Board of Appeals, the Building Inspector and the Clerk of the town of Barnstable. Dated at Barnstable, Massachusetts this �/A of July, 2001. Scott W. Nickerson, Clerk of e Courts A true copy, Attest: / �,G C/ J k-Magistrate Jer cvdjudgen. pd 238280 judgm irvineji V Commonwealth of Massacfa.,setts County of Barnstable The Superior Court CIVIL DOCKET# BACV1996-00171 RE: Bacas et al v Zoning Board of Appeals of the Town of Barnstable et al TO: James H Quirk Jr, Esquire Quirk & Chamberlain 99 Willow Street PO Box 40 Yarmouthport, MA 02675 NOTICE OF JUDGMENT ENTRY This is to notify you that a judgment in the above referenced action has been entered on the docket. A copy of the judgment is attached. Dated at Barnstable, Massachusetts this 26th of July, 2001. Scott W. Nickerson, Clerk of the Courts A/20 BY:................. . ............................. Y:................. ............................ Nancy N. Weir Assistant Clerk Telephone: (508) 375-6684 cvdnotjud_2—pd 238280 judgm iriineji J COMMONWEALTH OF MASSACHUSETTS BARNSTABLE; ss. CIVIL ACTION NO. BACV 96-171 and 98-249 FLORENCE BACAS and JOHN T. SNOW vs. MARILYN J. O'BRIEN and the Members of THE TOWN OF BARNSTABLE ZONING BOARD OF APPEALS PROCEDURAL BACKGROUND. FINDINGS OF FACT, RULINGS OF LAW AND ORDER PROCEDURALBACKGROUND Case No. BACV 96-171 is an appeal by the plaintiffs of the action of the Town of Barnstable Zoning Board of Appeals granting a variance to the defendant, Marilyn J. O'Brien, for Lot 27 on a Plan of Land recorded with the Barnstable County Registry of Deeds in Plan Book 159, page 91 . Case No. BACV 98-249 is an appeal by the plaintiffs of the action of the Town of Barnstable Zoning Board of Appeals in failing to overturn the building commissioner's issuance of a building permit to the defendant, Marilyn J. O'Brien; to construct a single- family residence on said Lot 27. While the appeal of the variance in the first case was pending, the cases were consolidated for trial which was held on June 26, 2001. The parties agreed that the II case should be presented by a statement of agreed facts and a view to be taken by the court jury-waived. �I FINDINGS OF FACT The parties submitted a Statement of Agreed Facts containing 42 paragraphs which this court finds to be the facts of the case. Attached as exhibits to the Statement of Agreed Facts were 21 exhibits which are on file with the original papers and will not be attached to this decision. The Statement of Agreed Facts is attached to this decision as Exhibit 1. The issues of law presented in this case are as follows. Issues of Law 1. Whether the O'Brien lot which was created in 1960 and transferred into separate ownership in June, 1973, achieved permanent protection as a single-building lot under the zoning provisions in effect at that time, and received a building permit in 1992 pursuant to those same provisions, is the proper criteria for the renewal of that permit, a criteria in effect between 1973 and February of 1994, as the building commissioner and the Board of Appeals have ruled, or whether, as the plaintiffs contend, the applicable zoning provision is the amended provision in effect in 1998 when O'Brien sought to renew and exercise the rights which had previously vested in 1973 with respect to Lot 27. 2. Whether the complaint must be dismissed because the plaintiffs, having received their own building permit pursuant to the same provisions which they deny 2 were applicable to the O'Brien lot (and for other reasons), are not persons "aggrieved" within the context of G. L.. c. 40A. 3. Whether the plaintiffs have complied with the statutory requirements necessary in order to secure an abandonment or removal of the building built on the lot pursuant to the building permit. The only material difference between the language found in the Barnstable By- Law as amended in 1995, and the language found both in G. L. c. 40A, sec. 5A and the Barnstable ordinances of 1977 through 1995 is that under the prior language, in order to qualify for permanent protection, a lot had to conform to zoning at the time the lot was created, whereas the current version states that the lot must conform to zoning when it was created and also conform to applicable zoning requirements as of January 1, 1976. The Board of Appeals decided that pursuant to the applicable provisions of the General Laws in existence at the time of transfer of Lot 27 into separate ownership, the defendant O'Brien's lot gained permanent protection as a lawful building lot when common ownership was severed in 1973. Since it achieved permanent protection in 1973, the Board rejected the plaintiffs' argument that such protection was lost by the 1995 enactment of an ordinance which required that lots conform to zoning requirements as of January 1, 1976. The Boards specifically found that "it was the intent of the zoning by-law to continue to protect non-conforming lots in their status as non-conforming buildable lots." 3 RULINGS OF LAW 1. The Board's finding of the intent of the zoning by-law enacted in 1995 has clear basis in section 4-4.1 intent which reads as follows: It is the intent of this section (i) to protect.property rights of owners of pre-existing legally created non-conforming lots uses and buildings or structures ... 2. Reviewing the evidence, the court must consider the fundamental principle of law that requires the court to give substantial deference to the experienced technical expertise and specialized knowledge of the administrative body. Flint V. Com'r of Public Welfare, 412 Mass. 416, 420 (1992); Manning v. BRA, 400 Mass. 444 (1987). 3. Deference must be given to a reasonable interpretation of its own by-laws by a local board such as a board of appeals. Livoli v. Bd. of Appeals of Southborough, 42 Mass. App. Ct. 921 (1997). 4. A local board has an intimate understanding not only of the conditions within a town but also of the background and purposes of the entire zoning by-law. Murray v. Board of Appeals of Barnstable, 22 Mass. App. Ct. 473 (1986). 5. The Supreme Judicial Court has held that "Section VI is concerned with protecting a once valid lot from being rendered unbuildable for residential purposes, assuming the lot meets modest minimum area ... and frontage ... requirements." Sturgis v. Chilmark, 380 Mass. 246 at 261; Adamowicz v. I switch, 395 Mass. 757. The Court stated, "Our construction of the relevant sentence of G.L. c. 40A, sec. 6, is required not only by logical and reasonable statutory construction but also by the 4 maxim that statutes are to be construed so as to avoid an unconstitutional result or likelihood thereof." 395 Mass. 757 at 763, 764 (1985). 6. In Nantucket Conservation Found Inc. v. Russell Management Inc , 380 Mass. 212, 214 (1980), the Supreme Judicial Court stated. "Our `general rule' [is] statutes operate prospectively unless a contrary legislation is clearly shown", and this is especially true when amendments to statutes deal with property. 7. For the foregoing reasons this court concludes that the 1995 amendment was intended to apply to lots created on or after January 1, 1976, not to lots created prior to 1976 whose protection had already vested pursuant to provisions of earlier ordinances or versions of the General Laws. 8. This court concludes that Lot 27 obtained permanent protection in 1973 and is a valid building lot for which a variance was unnecessary. 9. To conclude otherwise would result in a taking of the defendant's property as a retroactive application of an ordinance long after the lot had obtained permanent protection, five years after the defendant purchased the property, and three years after the town had already issued a building permit for such lot. Such a retroactive application would be contrary to the language of the ordinance itself and public policy. 10. Since this court concludes that Lot 27 is a buildable lot and that a variance was not necessary, it need not inquire as to the status of the plaintiffs as persons aggrieved. Further, the court concludes that the issue of whether the plaintiffs proceed in the courts with the statutory requirements for enforceable action need not be addressed as well. 5 ORDER The appeal by the plaintiffs of the action of the Town of Barnstable Board of Appeals to grant a variance to the defendant, Marilyn J. O'Brien, for Lot 27 of the plaintiffs' land recorded with the Barnstable Registry of Deeds in Plan Book 159, page 91, Civil BACV 96-171 is hereby DISMISSED. The appeal by the plaintiffs of the action of the Town of Barnstable Zoning Board of Appeals in failing to overturn the building commissioner's issuance of a building permit to the defendant, Marilyn J. O'Brien, to construct a single-family residence on Lot 27 as shown in Plan Book 159, page 91, BACV 98-249 is ORDERED DISMISSED. ;•� ohn A. Tierney Justice of the Su or Court i Date: �y6LIk , Vey j r A true copy, Attest: v ' C SCHEDULE OF BENEFICIARIES OF THE BAY REALTY TRUST The undersigned hereby certify that they are the sole Beneficiary of the BAY REALTY TRUST established under a Declaration of Trust dated October 30 , 1991 , and that the following is their beneficial interest thereunder: PERCENTAGE OF BENEFICIARY BENEFICIAL INTEREST JOHN A. BLAKE and EDNA M. BLAKE Trustees of THE EDNA M. BLAKE TRUST 100% of October 30 , 1991 The terms of said BAY REALTY TRUST dated October 30 , 1991 are hereby approved and the undersigned Beneficiaries in consideration of the execution at the request by the Trustees therein named for ourselves and our successors in interest, agree with said Trustees (a) to be bound by said Trust, (b) to save said Trustees and their successors harmless and indemnified from and against all claims and demands of every name and nature which he may suffer or incur by reason of any action taken at the direction of the Beneficiaries, or for any error of judgment, or for any loss arising out of any act or omission in the execution of the Trust so long as the Trustees act in good faith, and (c) that the Trustees may withhold from any distribution, transfer or conveyance such amounts as they from time to time reasonably deem necessary to protect themselves from such liability, and (d) that each Trustee shall be responsible only for such Trustee ' s own willful breach of trust, and (e) to reimburse the Trustees promptly upon request for all costs and expenses, including reasonable compensation, incurred or suffered by them. WITNESS the execution hereof under seal on October 30 , 1991 . JOHN A. BLAKE EDNA M. BLAKE RECEIPT OF SCHEDULE OF BENEFICIARIES I, the undersigned, hereby certify that I am one of the Trustees under said Declaration of Trust and that the above Schedule of Beneficiaries has been filed with me on October 30 , 1991. /f. :1rA11 OF :,MTD 1 N 3ARNSTAM,E . 17,933 .Sheet --------------- Whitney & Bassett. EnFineere AUGUST 1939 - - -;ov J / 0 ^bb She lVi <11 '� 'C Ati• ' 2 -- 4 g� �� yy' o �s yo• A� y;y 0 �- %// e 0 hy. `P y i y y? s4L ca A� t0__0^^ / ! v 7 h a h ... too. ' °; �wY ti• f p ^ 5o. 50. ._erd7.... ao /oa 100+ ob°0 3b� 8 St o �, d too. —too_ Q .1 Db• Gcor K Ap� titi` elan <saS2 50. 5o roo.— -_/oo:--- �r v 4�e loo. /00• �J l70./! too.. too. v too. 100. to ... too_. ._._...__too._. 100. 100. too. ..................._.._ ....---- -- too. ON loc. J00. ` ` /oo. /00. \ 100. too.` a, N _..........-.__.lOo:....... ....../00::_:_..__..._ !00 lOo. loo. --/oo. . too. too. 100. ; r to*. too. .. -'---..._ ° --- ...._........ — —.._... ..._._..._..- t O U � J � \ R v� � ItV to /0........c. /OO. /DO. �l ....l...... .__ 100. t00. _,.._......_-�._. 7� CO /Oo. t00. m t00; .....DO' T "IOO. lOo. .. ... ......: ..... ._.. ...._._._. ._..._._...._...... ... ._.._._.._ ....... -.-._ __.....-_- t� ...._N A`i _. _ .... �.r�..o2`t9-........ loll. too. . /oo too. too. too 4 ... ,.._.__. tr._� 2,29 $0 50. 50 '-4 /oc. too do,• roo. too--._.... 40' Y30 .� 5 32 IIQ 8 frence.9 G. 0V r�19 l74 17.3 `/7?. 171 •: £nnca'y ^� ���2, g,yo 9z.7o� `.. 926 50.l5 8.7.38 •R:J288.d i;i°0S Y'7-,A69 7..I00'08*d9• z37 8 y�r/� p � Copy of yad of plan y pco) L O/�J'MER °� LAND RMSTRAT/ON OfflCE fEB.01 191d1 L o7 f3 Scale of this plan 1�0 feet to en inch t'. ,No. /794d C R Humphrey [n in r for Court r ---- i 17533, N d a: S+ ^ i B t /l ••tl /� tl As 27e 9t• 70• gA.Bo• a ro �a . AS *. a3.5t - 20 v Qt c if �" ao eo. �d•68 � Q � � '� ti ' l03 !02 n h Aft p �' 76t/ oo 4 ` to t^ $ C �♦ mW. f "j el tss•at• /S�t+ , b S � � � mil/ po 905a �1 Ch -- -- ` ` 41, otce— -- + li 71. 1 ttiY• 1�� . _ __N e� ✓ 99 - _. IOI l0o$ i Qwmby Isom®nE of UND ePWli_$' Urlom OtMer te�rr:: 5 FES.2l 4941 ®. m' $. Y6OeaA o7. t& j �f I, "013Eri'r E. FI�AzEL as Executor of the Will Of Doris E. Frazel, Barnstable County Probate Court #61415, by the power (Jill, in consideration of conferred on me in said SIXTY-EIGHT THOUSAND DOLLARS AND 00/100ths ($68,000. paid, grant 00 to JOHN ) A. BLAKE and EDNA M. BLAKE, husband and wife, as tenants by the entir?ty, both of 20 1_ �oxhill Lane N Massachusetts — Norwell Plymouth County, with QUITCLAIM COVENANTS the land in Barnstable County, Massachusetts Barnstable bounded and described as follows: ErIS T ERL Y SOUTHERLY by a Way, two hundred (200) feet; I by Lot 150, one hundred (100) feet; WESTERLY by Lots 149, 147, 145 and and 143, two hundred (200) feet; C NORTHERLY by Lot 140, one hundred (100) feet. All of said boundaries: plan f said , are determined b r; A (Sheet 1) dated August 1939 the Court to be located as as modified and approved , drawn b y WhitneyWhithown e r . Office at Boston a by the Court, and filed in Y & Bassett the Land Registration =" Registry of copy °f a portion of which is f' Deeds in Land Re sled in Barnstable County Title P1o. 8594 grid said Registration Book 54 Pa � land is shown thereon Page 54 with Certificate of d , as LOTS 142 � So much of the land Herein registered 144 146 and 148 ( ` Way shoran on I said plan is subject to as is included within the limits of the entitled thereto in and over the rights ' the same, of all persons lawfully I" There is appurtenant to said land I shown on said the right to use the plan and the ri private ways others e„titi.,� ght to use the Y and road bathing beach it Cor;u;,on with all Said land is subject to petitioner rights as. set forth ,in a Stipulationi in this. case and Edgar R.this case on May Bigelow et between the in force y 5, 1942 and bein al filed with the and applicable. g Document No. 19, I85 insofar papers in as the G Said land - same is ' is subject to a reservation to n,=rvu.rr install and maintain all :�rvs, P.c. Barnstable Bay •S AT LAW said plan including public utilities in Inc.Inc Of the rightfr "_ g the right to , over and upon the Ways to °_ «, for installation g rant ys shown on `r the g easements to UTZ '3Z llation and maintenance public of such ,u service corporations E' "'A °yes° public utilities. f: THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) I M ^C&L DATA f l F. Said land is also subject to the building and zoning laws of the Town of Barnstable. �. Said land is subject to an easement to Cape & Vineyard Electric Company et al dated April 21, 1947 and being Document No. 17947,, and to an easement to the Barnstable Fire District dated July 11, 1950 and being Document No. 27775 , ` E ' Said land is subject to a Taking by the Town of Barnstable dated March 18 1955 �{and being Document No. 43564. Said land is also subject to a sewer assessment t 4 , by the Town of: Barnstable dated March 3, 1981 and being Document No. 278890. w :a For title to Lot 142, see Certificate of Title No. 17486 and for title to Lots 144, 146 and 148, see Certificate of Title e 20105. WITNESS my hand and seal . this Z day of � G , 1982. F.:, Robert E. Frazel, Exec r of the , Will of Doris E. Frazel f>�rsr x 1`}' COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. 1982 t�ilt Then personally appeared the above-named ROBERT E. FRAZEL and acknow- ledged the foregoing instrument to be his free act and deed, as Executor_,of he � Will of Doris E. Frazel , before me, -1, r � s Notary ublic gg I U LTY !� My commission expires: G �� �t 1 LAW 02630 L 1 ✓✓ fY� _ pl r:--� 6�, � J , / / 1 �J �l a r•— f ._ i Book 1026 Page 114 1' Doc. No. 541,4_70 Ctf. No. 125274 �1 TRANSFER CERTIFICATE OF TITLE F`_ecm Transfer Certificate No. 93522 Originally Registered September 23, 1983, _ in Registration Book 762 Page 42 for the Registry District of Barnstable County. THIS IS TO CERTIFY that John A. Blake and Edna M. Blake, Trustees of Bay Realty. nzi•. Trust, under a Declaration of Trust, dated October 30, 1991 being Document No. 541,421, of 20 Fox Hill Lane, Norwell, Massachusetts 02061, are the owner(s) in fee simple of that land situated in Barnstable in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows: i LOTS 146 AND 148 PLAN 17933-A (Sheet 1) So much of said land as is included within the limits of the ?day shown on said plan is subject to the rights of all persons lawfully entitled thereto in and over the same. There is appurtenant to said land the right to use the private ways and road shown on said plan and the right to use the bathing beach in common with others entitled thereto. Said land is subject to rights as set forth in a stipulation between the petitioner in this case and Edgar R. Bigelow at al filed with the papers in this Case on May 5, 1942 being Document No. 19,185, so far as in force and appli- cable. There is reserved to Barnstable Bay Inc. the right to install and maintain all public utilities in, over and upon the ways shown on said plan, includ- ing the right to grant easements to public service corporations for the installation and maintenance of such public utilities. Said land is subject to the rights granted in an easement given to the Cape 5 Vineyard Electric Company et al, dated April 21, 1947 being Document No. 19,747. Said land is subject to the rights granted in an easement given to the Barnstable Fire District, dated July 11, 1950 being Document No. 27,775. Said land is subject to a Taking of Second Avenue by the Town of Barnstable, dated March 18, 1955 being Document No. 43,564. And it is further certified that said land is under the operation and provi- sions of Chapter 185 of the General Laws, and that the title.of said John A. Blake and Edna M. Blake, Trustees as aforesaid to said land is registered under said Chapter, subject, however, to any of the encum- brances mentioned in Section forty-six of said Chapter, which may be subsisting. WITNESS, JOHN E. FENTON, JR., Chief Justice of the Land Court, at Barnstable, in said County of Barnstable, - the twenty-sixth day of December in the year nineteen hundred and ninety-one, at 1 o'clock and 44 minutes. Attest, with the Seal of said Court, JOHN F. MEADE, Assistant Recorder.Land Court Case No. 17933 MEMORANDA OF ENCUMBRANCES ON THE LAN® DESCRIBED IN THIS CERTIFICATE 125274 �' UOCU MF.'IJ'I' T' NUMBER•' KIND DATE OF INSTRUMEN RUNNING IN FAVOR OF TERMS SIGNATURE OF DATE AND TIME ASS TSTANT RECORDER UrSCriAI?.rr_; OF REGISTRATION 278,890 Sewer Town of Barnstable See Doc. 3/3/81 Asses sme t 4/1/81. 9:52a.m. 541,421 Decl. of Bay Realty.Trust See Doc. 10/30/91 Trust 12/26/91 1:441, m. ;L C mornntnbir County 4after A True Col imeds John F. Meade, Register This Certificate s attested ass with aka eT of reglst� ion pnor to ----- -- Encumbrances isted on this at datehave not been f Ily verified a under provisions of M ;L Ch. 185 S L� 1=��' its _�� cr (21 L' a I6} AFFIDAVIT Now comes James H. Quirk, Jr. , an attorney licensed to practice law in the Commonwealth of Massachusetts, and for Attorney' s Affidavit required by the Town of Barnstable Building Department to establish that Lots 146 and 148 shown on Plan 17933-A, shown on Barnstable Assessors Map 301, Parcel 43-2, Land Court Certificate 125274, John A. Blake and Edna M. Blake, Trustees of Bay Realty Trust, under Declaration of Trust dated October 30, 1991, Document No. 541421, is buildable under Town of Barnstable Zoning By-Law, Section 4-4-2, Subsections 1-6, for lots that do not presently comply with the present minimum lot size required for the Zoning District RB, where Lots 146 and 148 are located. 1 . I have caused to be examined the record title to Lots 146 and 148 shown on Land Court Plan 17933-A, First Way, in the name of John A. Blake and Edna M. Blake, Trustees of Bay Realty Trust. 2 . The original Certificate of Title following the Land Court Decree issued in 1946 in the name of Elizabeth J. Cobb. 3 ., Elizabeth J. Cobb over the years deeded individual lots and groups of lots to various parties . 4 . Lots were conveyed to Hugh S . Frazel and Doris E. Frazel, husband and wife, who held title for many years, see Certificate of Title No. 17708 . Donald A. Frazel held title to one lot for many years, see Certificate of Title No. 17709. See also Certificates of Title No. 20105, 88340 and 93522 . 2 S. The lots held by Hugh S. Frazel and Doris E. Frazel were conveyed by Robert E. Frazel as Executor to John A. Blake and Edna M. Blake in 1982, see Certificate of Title No. 88340 . 6. John A. Blake and Edna M. Blake deeded Lots 146 and 148 individually to Edna M. Blake September 12, 1983 . 7 . Edna M. Blake individually conveyed Lots 146 and 148 into Bay Realty Trust in 1991, see Certificate of Title No. 125274 . 8 . I have reviewed all of the lots that abut Lots 146 and 148, and from my review can state that the owners of the abutting lots are all held by different individuals or entities . 9 . Therefore, from my review of the title to Lots 146 and 148 as well as the surrounding lots, my research of the Zoning By-Law and how the Courts have reviewed the provisions of Section 4-4-2, Subsections 1-6, and the Town' s intent relative to the By-Law, it is my opinion that Lots 146 and 148, shown on Assessors Map 301-43-2 are buildable and therefore entitled to the issuance of a building permit . Signed this day of April, 2007, under the pains and penalties of perjury. James H. Quirk, Jr. r 4"s! c`' - .].n?r w."<' 'kf'-xaT. .<.�•t ,s ,a,� ,♦ > 'r"�..+''' 'r`�`-•,�. .)r.. �-.L.••<-<.-a,,.^r.-.•,�1>...- 9R. '_ ; •��i'�.'��*r:'er'<,e� '�'.'s-� '.:#•��w �-+' P'C.aE!' �4'+�7�H�1'-r :'>a? �%�' h'� t�Te rc';».,n .��',<`3+', 6:i>. _•eF:. i. !<S "'•. `I :_tT:� +i^• ?i-„r. 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Y.,�( �?�'•r �1, i'�-'S ,5++`b' ..`.cy ',� '.r..' east". ri:i�'e. .wiY• rC>. _3__..U•'-r:`� �,, u...". ..: °,... `...X. ,, .�..1.... :rs?x�..'•�L 't:'' h Fr ..al .t 'y^f.;. .fi: :.a:_ .L iL '.4" 3' !'..- .h.: >J..•y�a+�." Ln �-4;.,a5. .�i,.e,,. >I:ti 1._ .T• .5'�. [. ''-a. ,`�.r•. r 1,:r _- „r. :; .+-c. ..i.. > t., a.--. ..:.q.-Ar,_- ,�',.... 'Fr« ..':` .. 9cx� `�J.y, <n .f, �'f :.�. 7 ::I._ il.. -`!S 3 iy .z•.... p. ,�`.. i�i',.._a'!.._.:Tt .f •c.::r. 'sf �>{. } .T C H.1 �'U -i�1. :ig:. } 2:� ;->:: ,.• f;', "��� `L nx„ - 'i-,'T?�`'?'S vl: r�i"' .� �a.�:- >'J-. s `.! •r. r.: 1 .. '�._. 7F '.- y,�r.�..�:'�< ♦ �1 E'er �"+ Fw - :i�...5 -1 EXECUTOR-ROBERT•>:E. FRAZEL , - - � s `s M C,at •'4 `.2 t .Mt+...:r `v,K`.^.�e-S ."�� ..�.`�=' ). 1�-�:sL,t s..°�;'• :k. .^•r- �5:� x, , n _ i_ -+`L. _ _^n-•f^fi,,,��., •.i .:C.. -a•.'>t� .♦r`� --r -k' e --^.t S:..if.. +.i *.. :yb,- ':} y..,;-Z: 'va ;: <'r' _ •a: .3-F•:'�- Y�•,KS. `SE��n�., ,s•.yF_ fi'°'r .1'`CC^:,e!, � L-^;.1r �-E. a..s=_ ��_ S 3' _ .+.a.s-.-._. ,i...,-"s -.'-_.• k•_:_:r .au-c>:`-'�.�-:Y.� `...:. s.. x :♦E' �7F: .r..:. �i..<-v-:,.;� 3_-si' n k .c,*+,, i .1_ ,),- _.,:_.,.,:r•�z{ ate..:...-.:.:..:. .,.�:� -rr.;-•c::. :f)-Yt.+1-wA-.. c-,.,t"w-. _ v� '�--w •� a' :a,: Lai:Fa - -i: ♦ 1 1✓ -:......a .. r. ... . Y' -� �.. ',`.`s..+,..... - T=^,�-...1'<�..: ,. .._�...___ ,•a.�i§.�a`?'..� -s' _ --.'L C.. } J __ .-♦a..t' ,.f:, _ i c•-:- •�, .-.�:- -.. ...,T'z;.._ rMEMO, NO,- -r_-- .-- ._-•:>e..+ :.r t •.:,+-n=s_r>: '.c..a. ,:._... u._..?T_ ?',.r�,�-^^ w.+:i. - - •r- ff _ GG O LBLAK A E ET UX n _..: lVon r —�� ,, Fr �—�- - f —a .. _ .. ..- - .. co j - V Ln ih .� -. - rn - w RAvon v NOW E • �' ._. �,.:' ,. .:_ -'':. '_. ''i r' 4;eg n )1._ 's•--•s �-ail t _ 1._ __ - riMUM GREEEN N CNULTYj AND . l' TORNEYS,AT LAW.. _ � f y AT : u { I i4 AFFIDAVIT OF NO DIVORCE <t A. I, ROBERT E. FRAZEL, grantor in the within deed, and as son of Hugh S. ti'zfi Frazel and Doris E. Frazel, and as Executor of Doris E. Frazel's will, certify under oath that as of January 27, 1972, the date of death of Hugh S. Frazel, there was no divorce action or annulment action pending or completed between Hugh S. Frazel and Doris E. Frazel. WITNESS my hand and seal this day of March, 1982. " r(4! ;1. JAA� VV •:�1. Robert E. Frazel _? 'A COMMONWEALTH OF MASSACHUSETTS u , Barnstable, ss. March 1982 Then personally appeared the above-named ROBERT E. FRAZEL and made oath that the foregoing statement subscribed by him.-,i� true, before "gym Notary Public =�9 -NULTY AT LAW `�J {rLi O T`1y commission expires: A87 ,...YF. ^ r MA 02650 AooO {�11 YLf�,i ! L ANR::A �i • i C(iMMONWEALTH OF MASSACHUSh-1'TS Barnstable ss. TO THE PROBATE COURT: ., ;, ,. .�,,� .,:�,: •., DOCKET NO. �F''• . (x) without ; BOND OF Executor ' with Personal Surety t pe of '=F ;•, .+ �; i�* ( Y fiduciary) ( ) with Corporate Surety Name o DORIS E. FRAZEL f��stat�' ���•*, Name and Address of Fiduciary Robert E. Frazel,224 Buckskin Path, Centerville, MA 02632r"; Estimated Real Estate $3 0, 0 0 0 Estimated Personal Estate _ $2 , 0 0 0 Penal Sum of Bond, (if applicable) 441=5> ':`•`:�, 1, Mt, the undersigned fiduciary accept appointment as executor a' and stand bound —xitbc�kbsacxtsc��xs�Rdcx���x;fart�i+nx—(� _�r. to statutory conditions of said bond and declare the above estimate to be to m "' knowledge and belief.perform the statuto Y— best ; Date March 6, 1981 � Signature of Fiduciary Principal Robert E. Frazel, Executor (complete below only if this is a bond with personal sureties) t ' We, the undersigned, as sureties, stand bound jointly and severally in the aforesaid penal sum to perform the statutory condition. Personal Surety (name) �"71dd ae rL E p Signature Personal Surety (name) � g : ,. —i " Signature �; REGISTRY OF PROBATE ' t-� The above sureties are in my opiuior� s"ffBARNSf ABLE, MASS. t I Signature tk=f't4 Office City or Town (complete below only if this is a Surety Company Bond) We, the undersignied surety company, a corporation duly organized by law under the State of and having a usual place of business in (Massaclwsetts address) rt: stand bound as surety, in the aforesaid penal sum, to perform the statutory condition. y Corporate Surety (name) ti Signature and Title f3 19X examined and approved JRegister of Probate Court Extract from Chapter 185, Section 46, of the Genc;a! Laws, as amended Every petitioner receiving a certificate of title in pursuance of a decree of registration, and every subsequent purchaser of registered land taking a ce-tificate of title for value and in good faith, shall hold the same free from all encumbrances except those noted on the certificate, and any of the following encumbrances which may be exist- ing: First, Liens, claims or rights arising or existing under the laws or constitution of the United States or the statutes of this Commonwealth which are not by law required to appear of record in the registry of deeds in order to be valid against subsequent purchasers or encumbrances of record. Second, Taxes, within two years aster they have been committed to the collector. Third, Any highway, town way, or any private way laid out under section twenty-one of chapter eighty-two, if the certificate of title does not state that the boundary of such way has been determined. Fourth, Any Lease for a term not exceeding seven years. Fifth, Any liability to assessment for betterments, or other statutory liability, except for taxes payable to the Commonwealth, which attaches to land in the Commonwealth as a lien; but if there are easements or other rights appurtenant to a parcel of registered land which for any reason have failed to be registered, such easements or rights shall remain so appurtenant notwithstanding such failure, and shall be held to pass with the land until cut off or extinguished by the registration of the servient estate, or in any other manner. Sixth, Liens in favor of the United States for unpaid taxes arising or existing under the Internal Revenue Code of 1954 as amended from time to time. E C C X Oc m� a C°� ov O L� a C Ca rn Ev Sa 1J ° : � U4 z [� (`1 3 td O a u c_ ` a C`- CO � O I-a da °' E � oc Cn O Cn O V < b O f� > a �„ ' � H l� 1 F a E O� Euo 0m� -0 >[j «Oz 1 W U < covO a) O N ° C - oE c �1 0-4 Eti �4 �J l r 'L7 o O O - a 3.^ a.c - -- - u O . u O w ..C C . M r W -> a v p 0. fd a v m a I v o " 0 �.�—-•c•, - - We, .;Ouv A. BLAKE and EDNA M. BLAKE, husband and wif e, as tenants by the entirety, both of 20 Foxhill Lane, Norwell, Plymouth County, Massachuset; ' in consideration of ONE ($1.00) DOLLAR paid, grant to EDNA M. BLAKE of 20 9 Foxhiil Lane, Norwell, Plymouth County , Massachusetts, witu QUITCLAIM w COVENANTS the land in Barnstable (Village) Barnstable le County , Massachusetts , bounded and described as follows : EASTERLY by a Way, fifty (50) feet; rn � r 77 �. ---------a..�. SOUTHERLY Lo by - t lone hundred (100) feet; R'- WESTERLY by Lot 147, fifty (50) feet; and NORTHERLY by Lot 144, one hundred (100) feet. m' , " Said land is shown as LOT 146 on a plan hereinafter"mentianod . j � r EASTERLY by a Way, fifty (50) feet; SOUTHERLY by Lot 150, one hundred (100) feet; t WESTERLY by Lot 149 , fifty (50) feet; and NORTHERLY by Lot 146, one hundred (100) feet. / l i } Said hind is shown as LOT 148 on said plan. All of said boundaries are determined by the Court to be located as Shown on plan 17933-A (Sheet 1) dated August 1939, crag,-n by Whitney & itwassett, Engineers , and filed in the Land Registration Office at Boston , a copy of which is filed in Barnstable County Registry '. tration Book 54, Page 54 with Certificate of Title No. 859ed and nsaid aland is- II is shown thereon as LOTS 146 and 148. ' So ,Huth of said land, as is included within the limits of the day I shown on said plan, is subject to the rights of all Persons IIo p sons lawfully entitled thereto in and over the same. ! �I There is appurtenant to said land the right to use the private'ways and road shown on said plan and the right to use the bathing beach in common with others entitled thereto. GREEN. MCNULTY Said land is subject to rights as set Forth in a stipulation between AND HOPKINS, P.C. the POL&ioner in this case and Edgar R. Bigelow et al filed with the ATTORNEYS AT LAW Pa}ie L'S -in this Case on May 5 , 1942 being Document No. 19, 185, so far as the v. o. oox .o� ,"' ROUTH „2 same is in force and applicable. BARNSTABLE, MA 02630 617-77I.a000 I There is reserved to Barnstable BayInc.Incthe right to install :end I maintain all pui�lic utilities in, over and upon shorn on said plan, _ including the right to grant easements to public service corporations for the installation and main tenance ten an ce of such public i c utilities. Said land is subject to the rights granted in an easement n' , .the '.Cape & Vineyard Electric 'Company et al dated April ? alien to Document No. 19,747. p 1, 1947 being Said land is subject to the rights granted in an easement given to the Barnstable Fire District dated July 11, 1950 being Document No. 0 775. I , I .t Said land is subject to a Taking of Second Avenue by the Town of Barnstable dated March 18, 1955 being Document No. 43,564. i i Being a portion of the premises described in Certificate of Title No. 88340. WITNESS our hands and seals this k i � ` day of . C q 1 Edna M. Blake ( F �3ohn A. Blake COMMON[JEALTH OF MASSACHUSETTS L�_ .,10uth ss . 1983 I Then p-2rsonally appeared the above-named EDNA M. BLAKE and JOHN A. BLAKE and acknowledged the foregoing instrument to be their free act and } deed, before me, Notary Public Ffy commission expires : GREEN. McNULTY AND HOPKINS. P.C. ATTORNEYS AT LAW 1441 ROUTS 132 BARNSTABLE. MA 02630 I - `1 617-771-8000 a a THE EDNA M. BLAKE TRUST OF OCTOBER 30 , 1991 DECLARATION OF TRUST made by EDNA M. BLAKE of Norwell, Massachusetts , (hereinafter the "Donor" ) , who declares himself and JOHN A . BLAKE of Norwell , Massachusetts , Trustees (hereinafter the "Trustees" or "Trustee" ) of the sum of Ten Dollars ($10 . 00) to hold and administer the same, together with all additions thereto, IN TRUST, on the terms and conditions of this Declaration. WITNESSETH THAT: WHEREAS, the Donor, or any other person, may, from time to time, . assign, transfer, devise, bequeath or pay over to the Trustees property, real or personal. NOW THEREFORE, the Trustees do hereby declare, covenant and agree that they will hold said property in safekeeping, and in the event of the payment or transfer to them of any other property, real or personal, they will hold the same upon the trusts hereinafter set forth, namely: I . DURING DONOR' S LIFETIME : The Trustees shall receive , hold and manage all property at any time comprising the trust estate and shall invest and reinvest the same and shall collect income thereon and shall pay over to or expend the same for the comfort, health, maintenance and support of the Donor during the Donor' s lifetime and shall also pay to the Page 1 of 21 Donor or expend for the Donor ' s benefit so much of the Principal thereof as the Donor may in writing request. The Trustees are authorized, in their absolute discretion, to pay from the income and principal of the trust property such amounts , if any, to or for the benefit of the Donor , the Donor ' s spouse , or any person dependent on the Donor for support. II . POWER TO AMEND AND REVOKE: The Donor reserves the right to amend or revoke this trust by an instrument in writing signed by the Donor and delivered to the Trustees . No amendment which changes the duties of the Trustees shall be effective unless consented to by the Trustees. The right to amend or revoke this trust shall be personal to the Donor, and shall not be exercised by any representative , agent , conservator, or attorney-in-fact. III. DISPOSITION ON THE DONOR'S DEATH: A. ALLOCATION OF PROPERTY INTO SEPARATE TRUSTS 1 . Upon the Donor ' s death , if the Donor ' s spouse survives the Donor, the Trustees shall divide all property of the trust into two separate trusts , to be designated the Marital Trust and the Family Trust, pursuant to the formula contained in this Section. 2. The Marital Trust shall be established by setting aside an amount equal to the maximum Massachusetts Marital deduction allowable to the Donor ' s estate: Page 2 of 21 a. plus the minimum amount necessary, after taking into account all deductions and credits available to the Donor' s estate, to eliminate, or reduce to the least possible amount, the federal estate tax on the Donor ' s estate; b. less the value of any property which has passed to the Donor' s spouse other than by this trust and which is both: i . includable in the Donor ' s estate for Massachusetts estate tax purposes , and ii . deductible to the Donor ' s estate under the Massachusetts Marital deduction. 3 . The Marital Trust shall be administered according to Section C. of this Article. 4 . If the Donor ' s spouse survives the Donor , the Family Trust shall be funded with all property remaining after the Marital Trust is fully funded pursuant to the foregoing formula. 5 . If the Donor ' s spouse does not survive the Donor, all property of the trust shall be allocated to the Family Trust. 6 . The Family Trust shall be administered according to Section E of this Article. B. RULES FOR FUNDING MARITAL TRUSTS: 1 . The Trustees shall have discretion to fund the Marital Trust wholly or partly in cash or in kind , in installments or at one time . For purposes of funding the Page 3 of 21 Marital Trust, all property shall be valued at its fair market value at the date of distribution. 2 . The Trustees shall not allocate to the Marital Trust (a) any property or the proceeds of any property that does not qualify for the federal estate tax marital deduction and any applicable state estate tax marital deduction, or (b) to the extent that sufficient other property is available, any property or the proceeds of any property that is subject to foreign death taxes or is redeemed at par in payment of federal estate taxes . 3 . The Trustees are directed to allocate to any Marital Trust established by this instrument, as income and not as principal , its proportionate share of all income from the date of the Donor ' s death, including income received by the executor or administrator of the Donor' s estate and transferred to the Trustees . 4 . Notwithstanding any other provisions of this instrument, if the Donor' s spouse and the Donor die under such circumstances that the order of their deaths cannot . be established by proof, then the Donor shall be deemed to have survived the Donor' s spouse. C. THE MARITAL TRUST: 1 . The Marital Trust shall be administered as provided in this Section C. 2 . The Trusteess shall pay to the Donor ' s spouse the net income from the date of the Donor ' s death , at least Page 4 of 21 quarter-annually, for life . In addition, the Trustees shall pay to the Donor ' s spouse so much of the principal as the Donor ' s spouse may demand from time to time in one or more writing (s) delivered to the Trustees , and so much additional principal as the Trustees deem appropriate in the Trustees ' discretion. 3 . Upon the death of the Donor' s spouse, the Trustees shall distribute the principal , as it may then exist, to such person or persons , including the Donor ' s spouse ' s estate, as the Donor ' s spouse shall appoint by a will specifically referring to this power. Any portion or all of the principal not fully and effectually so appointed shall be added to and consolidated with the Family Trust and shall be administered as part of the principal of the Family Trust. D. RULES FOR ADMINISTRATION OF THE MARITAL TRUST: I . It is the Donor ' s intent that any Marital Trust created by this instrument qualify for the estate tax marital deduction. This instrument shall always be interpreted and administered consistently with that intent. In particular, without limiting the general application of the preceding sentence , the Donor directs the Trustees to observe the following rules in administering the Marital Trust , notwithstanding any other provisions of this trust. 2 . On receipt of a written request from the Donor ' s spouse, any unproductive property held as a part of the Marital Page 5 of 21 Trust shall be made productive or converted within a reasonable time into productive property. 3 . The powers and discretions of the Trustees shall not be exercised in such a manner as would cause the Marital Trust to fail to qualify for any estate tax marital deduction otherwise applicable in the computation- of the estate taxes on the Donor' s estate. 4 . No debts, expenses or taxes of the Donor' s estate shall be paid out of the Marital Trust. E. THE FAMILY TRUST: 1 . The Family Trust shall be administered as provided in this Section E. 2 . The Trustees shall pay to the Donor ' s spouse the net income , from the date of the Donor ' s death , at least quarter-annually, for life . In addition, the Trustees shall pay to or apply for the benefit of the Donor' s spouse so much of the principal as the disinterested Trustee deems appropriate, in the disinterested Trustee ' s discretion. 3 . Upon the death of the survivor of the Donor and the Donor' s spouse, the Trustees shall divide the remaining balance of principal in the trust fund, together with any accrued and accumulated income thereon, into as many equal shares as there may be children of the Donor then living and children then deceased leaving issue then living, and the Trustees shall hold and dispose of said shares as hereinafter set forth in Pa ge 6 of 21 paragraphs a through g inclusive; provided, however, that upon apportionment into shares , such adjustment in said shares may be made as the Trustees may determine to be equitable in order to compensate for unequal payments or advancements made to a child (the issue of a deceased child for such purpose being treated as collectively representing that child) from the Family Trust. a. In the case of each share apportioned to a living child of the Donor, the Trustees shall pay to or apply for such child, for his or her life , the net income of the share apportioned to him or to her . In addition to said income payments , the Trustees may make payments of principal to or expend the same for any child of the Donor from his or her share, and to or for the issue of any such child of the Donor from such child' s share , as the Trustees may determine in the Trustees ' absolute discretion for the health, maintenance , support, and education of such child and the issue of such child, or any one or more of them. b . Anything hereinbefore to the contrary notwithstanding, following the death of the survivor of the Donor and the Donor ' s spouse , and after the division of the trust fund into shares as hereinbefore provided, the Trustees shall pay to any child of the Donor from time to time after such child has attained twenty-five (25 ) years of age such portion or portions of the principal of such child' s share as Page 7 of 21 he or she shall request in writing, except that , so long as such child is under thirty-five ( 35 ) years of age , the aggregate value of such payments shall not exceed the value of the following fractions of the principal of such child' s share, viz . , i. One-quarter ( 1/4) thereof if and so long as such child is under thirty (30) years of age; ii . One-half ( 1/2) thereof if and so long as such child is under thirty-five (35) years of age. For this purpose the value of such principal shall be the value thereof on the date that the distribution is to be made . The Trustees ' determination in this regard shall be final and binding on all concerned. C . On the death of a child of the Donor , after the division of the trust fund into shares as hereinbefore provided, the share of such child as it then exists shall be distributed as he shall appoint by his last will and testament, making specific reference to this power and this trust. In default of the exercise of this power of appointment, the share of said child shall be distributed to his then living issue by right of representation, or if none , to the then living issue of the Donor by right of representation, subject, however, to the provisions in paragraphs e and f below. d. In case a share is set aside for the issue then living of a deceased child of the Donor, the Trustees shall Page 8 of 21 distribute said share , free of all trusts , to such issue, by right of representation, subject , however, to the provisions hereinafter set forth in paragraph e. e. In the event that pursuant to the provisions of the preceding paragraph or paragraph c any portion of the trust estate becomes distributable to a person under twenty-five (25) years , then notwithstanding anything herein contained to the contrary, the Trustees shall continue to hold that portion in trust until the distributee attains the age of twenty-five (25) years or sooner dies , and until such time shall pay to or expend for such person so much of the net income and principal as the Trustees may determine , in their absolute discretion, for health , maintenance , support and education. When the beneficiary attains the age of twenty-five (25 ) years , the trust property shall be distributed to him free of all trusts . In the event that any beneficiary dies prior to attaining the age of twenty-five (25) years , the Trustees shall distribute his portion to his then living issue by right of representation and in default of such issue, to his estate. f. If property held in trust under the provisions of this Article becomes distributable from the Family Trust to issue of the Donor for whose primary benefit a share or portion of a share is then held in trust hereunder , the property otherwise distributable to such issue shall be added to such share or portion and administered as an integral part thereof. Page 9 of 21 g. The Trustees, in the Trustees ' absolute discretion, may terminate any trust hereunder and distribute the same, free of all trusts , to the beneficiaries then entitled to receive the income thereof. IV. LIFE INSURANCE POLICIES: With respect to any life insurance policies which are or shall become subject to this Declaration of Trust: A. The Donor reserves the right by the Donor' s own act alone, without the consent or approval of the Trustee, to sell, assign or hypothecate said policies , or any of them, to exercise any option or privileges granted by any of such policies , including but not limited to the right to change the beneficiary of any policy, to borrow any sum in accordance with the provisions of any of said policies and to receive all payments , dividends , surrender values, benefits or privileges of any kind which may accrue .on account of said policies during the Donor' s lifetime. The Trustees shall assent to or join in the execution of any instrument presented to him by the Donor to enable the Donor to exercise the rights hereinbefore reserved. The Trustees shall have no responsibility as to such policies nor as to the premiums thereon. B. No insurance company issuing any policy shall be responsible for the application of any money or thing of value paid to the Trustees hereunder or for the carrying out of the provisions of this instrument. Page 10 of 21 C. The Trustee shall use his best efforts to collect all sums payable hereunder but shall not be required to take any legal proceedings unless indemnified. V. FAILURE OF ALL BENEFICIARIES: If there shall be a failure of disposition of any beneficial interest created under this trust , then the property comprising the beneficial interest which has failed of disposition shall be paid over and distributed, free of all trusts, as follows : One-half of the trust property to those persons who would inherit the Donor' s property had he then died unmarried, intestate and a resident of Massachusetts and one-half to those persons who would inherit the Donor' s spouse ' s property had the Donor' s spouse then died unmarried, intestate and a resident of Massachusetts . VI . ANTI-PERPETUITIES : Notwithstanding anything herein contained to the contrary, unless sooner terminated under the prior provisions hereof, all trusts hereunder shall terminate twenty-one (21) years after the death of the last survivor of the Donor , the Donor ' s spouse and such of the Donor' s issue as were living at the date of the Donor' s death, and the Trustee shall distribute the trust property then existing hereunder and any undistributed income to the Donor' s issue then living in the proportions in which they were entitled to receive income immediately prior to the termination. Page 11 of 21 VII . POWERS OF TRUSTEES: The Trustee shall have in addition to those conferred by law or otherwise the following discretionary powers , privileges , and exemptions : A. To administer , retain , invest , and reinvest the Trust in any state or jurisdiction and in any property, real or personal (including investment companies and common trust funds without the necessity of notice to beneficiaries) whether or not of a kind or in a proportion ordinarily considered suitable for trust investments and. whether or not productive or marketable . To make secured or unsecured loans and with respect to mortgages and other security held by the Trust, to modify the terms thereof, to release partially, to foreclose and to purchase at foreclosure sales . To permit all or any part of the Trust property to be held in the custody of any individual or business entity whether within or without Massachusetts . B . To participate in any reorganization , recapitalization , merger or similar transaction; to give proxies or powers of attorney with or without power of substitution for voting upon any shares or certificates of interest belonging to the Trust. C . To manage real property in such manner as the Trustee shall deem best, including authority to erect, alter, or demolish buildings , to adjust boundaries , to dedicate streets or other ways for public use without compensation, to Page 12 of 21 improve , repair, insure , subdivide , and vacate any of said property; to impose such easements , restrictions, conditions, stipulations and covenants as the Trustees may see fit. The Trustee shall have no duties to perform or obligations to assume with respect to any real estate , including the duty to inspect and appraise under 12 Code of Federal Regulations 9 . 7 (a) (2) , or maintain the real estate, unless so requested, so long as either the Donor, or the Donor ' s spouse, is occupying the property as a home or personal residence, provided however that upon receipt by the Trustee of a certificate signed by a physician stating that in the opinion of such physician the Donor, or the Donor' s spouse, is either mentally or physically incapable of attending to business affairs then the Trustee may inspect and pay from the income or principal of the trust the reasonable expenses for mortgage payments , if any, maintenance, repairs , taxes , insurance and protection of said home . D. To sell at public or private sale, to borrow upon such terms as the Trustees may determine, to mortgage or pledge with power of sale, to lease for such times and on such terms as they may deem advisable and regardless of whether the lease may extend beyond the term of the Trust, and to exchange or partition all or any part of the property, real or personal, at any time held, without order or license from any court, and to execute any and all deeds and other instruments necessary or appropriate therefor, with or without covenants, warranties and Page 13 of 21 representations. To abandon in any way, property which he or it determines not to be worth retaining. E. To carry stock certificates and other property of the Trust in the form of street certificates or in the name of a nominee of any person, including their own, or in any other form, without disclosing the existence of any trust. F. To hold separate trusts or any shares of .a trust in one or more consolidated funds in which the separate trusts have individual interests and on any division or distribution to make the same in cash or in kind or partly in each at such valuations as they determine to be reasonable. G. To make any payment or distribution directly to any beneficiary whether or not competent or to apply the same for his benefit and in the case of a minor, to deposit the same in a savings account in his name or to invest the same in custodianship or trust for his benefit or to make payment to his parent or guardian for his benefit. H . To determine in accordance with reasonable accounting practice what shall belong and be chargeable to principal and what shall belong and be chargeable to income, and in making that determination, the Trustees may employ an accountant or attorney-at-law and rely upon his opinion. To amortize or to refrain from amortizing bond premiums . I. To retain such reserves out of income or principal as the Trustee deems proper for expenses , taxes , depreciation, and other liabilities of the trust. Page 14 of 21 J. To settle by compromise or arbitration or otherwise any and all claims and demands in favor of or against or in any way relating to the trust property upon such terms as the Trustee deems advisable. K. If the exercise of a durable power of attorney transferring property to this trust results in a probate estate insufficient to make payments of legacies , devises , or any other payments provided for by the Donor ' s will the Donor hereby directs the Trustee to make said payments directly from trust assets or to transfer trust assets to the Donor' s estate to permit the Donor' s Executor to make said. payments . It is the Donor ' s intention to give the Trustee wide discretion in matters of management of the trust property and the foregoing enumeration of powers is not intended to exclude other powers reasonably incidental to such management. VIII . SPENDTHRIFT: Except to the extent necessary to qualify the marital trusts for federal and/or state estate tax marital deductions, no person to whom any reversionary, future, or expectant interest is given, nor any person entitled to any income , shall have power to alienate or dispose of such interest or income by anticipation or to subject the same to his debts or liabilities , and no such interest or income shall be liable for his debts or liabilities . IX. FREQUENCY OF INCOME PAYMENTS : Nondiscretionary payments of income shall be made at least as frequently as quarterly. Page 15 of 21 X. PAYMENT OF TAXES, LEGACIES AND OTHER EXPENSES: The Trustee may pay directly or give to the Executor or Administrator of the Donor ' s estate such amounts as may be requested by such Executor or Administrator for the payment of the Donor ' s debts, the Donor ' s funeral expenses , the expenses of the administration of the Donor' s estate, legacies provided for in the Donor' s will, and estate and inheritance taxes due by reason of the Donor' s death, whether due with respect to the trust property or otherwise (except the federal generation- skipping tax) . All such death taxes shall be borne by non- marital deduction trust property held under the Family Trust to the extent that the assets thereof are sufficient for that purpose Provided however, that the Trustee shall not use for these purposes any assets of the trust , or the proceeds thereof, which for the purposes of estate or inheritance taxes are not included in the Donor' s taxable estate . The Trustee . may rely upon any such request and the amounts included therein without computing the taxes or other sums involved. If, at the time of the death of the Donor, the Trustee holds United States Treasury bonds redeemable at par for the payment of federal estate taxes , then notwithstanding the provisions hereinbefore set forth or any provisions to the contrary contained in the Donor ' s will , the Trustee shall in any event pay such portion of the federal estate tax due by reason of the Donor ' s death as is equal to the par value of ` said bonds . I Page 16 of 21 With respect to any of the property held in the Marital Trust hereunder at the time of the death of the Donor' s spouse and taxable to such spouse ' s estate for inheritance or estate tax purposes , the Trustee shall, unless otherwise directed by the will of such spouse with express reference to this subparagraph , pay to the estate of such spouse or to the appropriate tax authorities from the trust property so taxable so much of said inheritance or estate taxes as they determine represents the increase in such taxes .fairly attributable to said trust property to the end that the inheritance and estate taxes payable from the estate of said spouse shall not exceed such taxes computed as if said trust property was not taxable to said estate. The Trustee may join with the Donor' s spouse in the filing of any joint income tax or gift tax returns without duty to give or receive consideration therefor or to make compensating adjustments ; to consent that half of any gifts made by the Donor' s spouse shall be considered for the purpose of any gift tax law as made by the Donor even though it may result in additional liabilities to the Donor' s estate . XI . SUCCESSOR TRUSTEES : Each Trustee hereunder (whether originally designated herein or appointed as Successor) shall have the right to resign at any time by giving thirty days written notice to that effect to the current income beneficiaries of the trust. If the Donor shall by resignation, Page 17 of 21 death or disabilitycease to act 'as , the Donor s sister , JANE M . SCHURZ , shall serve as disinterested Co- Trustee . Thereafter , if a Trustee shall resign , become disabled or die, the Donor' s brother, ROBERT G. PETTIT, shall act as disinterested Co-Trustee . Thereafter , if a Trustee shall resign, become disabled or die, the acting Trustee shall serve alone . Thereafter, if all named Trustees shall resign, become disabled or die, the current income beneficiaries (or majority of such beneficiaries) shall have the right within such thirty day period to appoint a Successor Trustee and shall notify a resigning Trustee of such appointment. Such Successor Trustee must be a trust company or bank qualified to act as such in Massachusetts , possessing trust powers and having a combined capital and surplus of not less than ten million dollars . In the event the current income beneficiary (or beneficiaries) shall fail to designate a Successor Trustee within the time specified, the then acting Trustee shall appoint a Successor Trustee which must be a trust company or bank qualified to act as such in Massachusetts , possessing trust powers and having a combined capital and surplus of not less than ten million dollars . XII . DISCLAIMERS BY BENEFICIARIES: The whole or any portion of any interest in the trust property may be disclaimed by the beneficiary thereof, and such whole or portion shall be disposed of as if such beneficiary were not living; provided, Page 18 of 21 however, that if the disclaimant is a person other than the surviving spouse , and if such share or portion of the trust property disclaimed would otherwise be held in a trust for the benefit of more than one person including the disclaimant, the trust property so disclaimed shall instead be held in a separate trust upon the same terms and conditions as said trust , except that the disclaimant shall have no interest therein. XIII . TRUSTEE' S POWERS DURING CHANGE: Pending the qualification of any Successor Trustee , the Trustee then in office shall have all the powers , discretions, and. exemptions given to the Trustees . XIV. BOND: No Trustee shall be required to give bond or furnish surety on any bond required by law. XV. LIABILITY OF TRUSTEE: No Trustee shall be liable for the acts or omissions of a Co-Trustee , any prior Trustee, or any persons administering the Donor ' s estate , nor unless requested in writing by a beneficiary shall he be obliged to inquire into such acts or omissions , or to ascertain that the property transferred to him is the entire trust property. XVI . RECORDING OF TRUST INSTRUMENT: If the Trust Instrument is recorded in a Registry of Deeds, any resignation, appointment, acceptance of trust or other instrument (including any amendment or revocation if permitted hereunder) may, but need not, be recorded in said Registry. Page 19 of 21 XVII . CERTIFICATE BY TRUSTEE: A written statement of any Trustee at any time as to any facts relative to the trust may always be relied upon and shall always be conclusive evidence in favor of any transfer agent and any other person dealing in good faith with the Trustees in reliance upon such statement. XVIII . ACCOUNTING: The Trustee shall render accounts of the administration of the Trust annually, except during such time , if any, as this trust is revocable by the Donor and the Donor' s guardian or conservator has waived such accounting in writing. The assent by all the persons who, for the period of any account, were entitled or eligible to receive the income of the trust and on the last day of the account would have been entitled to receive the principal of the trust if it had then terminated and who were of full age and legal capacity (but if under guardianship or conservatorship, then by the guardian or conservator, or if deceased by the Executor or Administrator-) , shall make such account, in the absence of fraud or manifest error, binding and conclusive upon all persons then having or who may thereafter have any interest, vested or contingent, in the income or principal of the trust estate. The failure of any such person to object to any such account by a writing mailed to the Trustees within sixty days of the receipt of a copy of the account shall be deemed to be an assent by such person. I Page 20 of 21 XIX. GOVERNING LAW: This trust shall be interpreted in accordance with the laws of The Commonwealth of Massachusetts and its validity and administration shall be governed by said laws except with respect to such assets as are required by law to be governed by the laws of some other jurisdiction. IN WITNESS WHEREOF, the said EDNA M. BLAKE, as Donor and Trustee, and JOHN A. BLAKE as Trustee, have set their hands and seals to this. instrument on this y :, `'- day of October, 1991 . EDNA M. BLAKE, Donor EDNA M. BLAKE, Trustee y JOHN A. BLAKE, Trustee COMMONWEALTH OF MASSACHUSETTS COUNTY OF NORFOLK , ss. October .-x 1991 Then personally appeared EDNA M. BLAKE and acknowledged 11 the foregoing instrument to be her free acts.,bd deed,.,be fore nie, NOYARY PUBLIC My commission expires: Page 21 of 21 DECLARATION OF TRUST ESTABLISHING THE BAY REALTY TRUST JOHN A. BLAKE and EDNA M. BLAKE both of 20 Fox Hill Lane, Norwell, Massachusetts, (the "Trustees" ) , hereby declare that Ten (10) Dollars is held in trust hereunder and any and all additional property and interest in property, real and personal, that may be acquired hereunder (the "Trust Estate" ) shall be held in trust, solely as nominee, for the sole benefit of the individuals or entities listed in the Schedule of Beneficiaries in the proportions stated in said Schedule, which Schedule has this day been executed by the Beneficiaries and filed with the Trustees with receipt acknowledged by at least one Trustee (hereafter, as it may be amended, "Schedule of Beneficiaries" ) . SECTION ONE Name and Purpose 1 . 1 This Trust shall be known as the BAY REALTY TRUST and is intended to be a nominee trust, so-called, for federal and state income tax purposes and to hold the record legal title to the Trust Estate and such functions as are necessarily incidental thereto. SECTION TWO Trustees 2 . 1 In the event there are two Trustees , ANY ONE TRUSTEE may execute any and all instruments and certificates necessary to carry out the provisions of the Trust . In the event there are more than two Trustees, ANY TWO TRUSTEES , except as otherwise provided in Paragraph 7 . 2 , may execute such instruments and certificates necessary to carry out the provisions of the Trust. 2. 2 No Trustee shall be required to furnish bond. No Trustee hereunder shall be liable for any action taken at the direction of the Beneficiaries , nor any error of judgment nor for any loss arising out of any act or omission in the execution of the Trust so long as acting in good faith, but shall be responsible only for his or her own willful breach of trust. No license of court shall be requisite to the validity of any transaction entered into by the Trustees . No purchaser, Page 1 i transferee, pledgee, mortgagee or other lender shall be under any liability to see to the application of the purchase money or of any money or property loaned or delivered to any Trustee or to see that the terms and conditions of this Trust have been complied with. Every agreement, lease, deed, mortgage, note or other instrument or document executed or action taken by the person or persons appearing from the records of the Registry of Deeds to be Trustees , as required by Paragraph 2 . 1 , shall be conclusive evidence in favor of every person relying thereon or claiming thereunder that at the time of the delivery thereof or of the taking of such action this Trust was in full force and effect, that the execution and delivery thereof or taking of such action was duly authorized, empowered and directed by the Beneficiaries, and that such instrument or document or action is valid, binding, effective and legally enforceable. 2 . 3 Any person dealing with the Trust Estate or the Trustees may always rely without further inquiry on a certificate signed by the person or persons appearing from the records of the Registry of Deeds to be Trustees , as required by Paragraph 2 . 1, as to who are the Trustees or the Beneficiaries hereunder or as to the authority of the Trustees to act or as to the existence or nonexistence of any fact or facts which constitute conditions precedent to action by the Trustees or which are in any other manner germane to the affairs of the Trust. Execution, delivery or recording of such certificate shall not be a condition precedent to the validity of any transaction of the Trust. SECTION THREE Beneficiaries 3 . 1 The term "Beneficiaries" shall mean the persons and entities listed as Beneficiaries in the Schedule of Beneficiaries and in such revised Schedules of Beneficiaries , from time to time hereafter executed and delivered as provided above and the respective interests of the Beneficiaries shall be as therein stated. 3 . 2 Decisions made and actions taken hereunder (including without limitation, amendment and termination of the Trust; appointment and removal of Trustees ; directions and notices to Trustees ; and execution of documents) shall be made or taken, as the case may be, by all of the Beneficiaries . 3 . 3 Any Trustee may without impropriety become a Beneficiary hereunder and exercise all rights of a Beneficiary with the same effect as though he or she or it were not a Trustee . The parties hereunder recognize that if a sole Page 2 f Trustee and a sole Beneficiary are one and the same person, legal and equitable title shall merge as a matter of law. SECTION FOUR Powers of Trustees 4 . 1 The Trustees shall hold the principal of this Trust and receive the income therefrom for the benefit of the Beneficiaries , and shall pay over the principal and income pursuant to the direction of all of the Beneficiaries and without such direction shall pay the income to the Beneficiaries in proportion to their respective interests . 4 . 2 Except as hereinafter provided in case of the termination of this Trust, the Trustees shall have no power to deal in or with the Trust Estate except as directed by all of the Beneficiaries . When, as, if and to the extent specifically directed by all of the Beneficiaries , the Trustees shall have the following powers : 4 . 2 . 1 to buy, sell , convey, assign, mortgage or otherwise dispose of any part of the Trust Estate and as landlord or tenant execute and deliver leases and subleases; 4 . 2 . 2 to execute and deliver notes for borrowing for the Beneficiaries; 4 . 2 . 3 to grant easements or acquire rights or easements and enter into agreements and arrangements with respect to the Trust Estate; 4 . 2 . 4 to endorse and deposit checks in an account fo-r the benefit of the Beneficiaries ; 4 . 2. 5 but the Trustees shall have NO AUTHORITY TO MAINTAIN BANK ACCOUNTS IN THE NAME OF THE TRUST OR TRUSTEES but they may maintain bank accounts in the name of the Beneficiaries . In the event of a violation of this subparagraph, the Trustees shall indemnify and save harmless the Beneficiaries from any liability resulting therefrom, including taxes and accounting expenses . Any and all instruments executed pursuant to such direction may create obligations extending over any periods of time , including periods extending beyond the date of any possible Page 3 termination of the Trust. A direction to the Trustees by the Beneficiaries may be by a Durable Power of Attorney. 4 . 3 Notwithstanding any provision contained herein, no Trustee shall be required to take any action which will, in the opinion of such Trustee, involve the Trustee in any personal liability unless first satisfactorily indemnified. 4 . 4 All persons extending credit to, contracting with or having any claim against the Trustees shall look only to the funds and property of this Trust for payment of any contract, or claim, or for the payment of any debt, damage, judgment, or decree , or for any money that may otherwise become due or payable to them from the Trustees, so that neither the Trustees nor the Beneficiaries shall be personally liable therefor. If any Trustee shall at any time for any reason (other than for willful breach of trust) be held to be under any personal liability as such Trustee , then such Trustee shall be held harmless and indemnified by the Beneficiaries , jointly and severally , against all loss , costs , damage , or expense by reason of such liability. SECTION FIVE Termination 5 . 1 This Trust may be terminated at any time by notice in writing from all of the Beneficiaries , provided that such termination shall be effective only when a certificate thereof signed by the Trustees shall be recorded with the Registry of Deeds . Notwithstanding any other provision of this Declaration of Trust, and consistent with the intention of the undersigned that this Trust shall not violate the Rule against Perpetuities, this Trust shall terminate in any event TWENTY (20) years from the date of death of the last surviving Trustee of the original Trustees named in this instrument. 5 . 2 In the case of any termination of the Trust, the Trustees shall transfer and convey the specific assets constituting the Trust Estate , subject to any leases , mortgages , contracts or other encumbrances on the Trust Estate, to the Beneficiaries , provided, however , the Trustees may retain such portion thereof as in their opinion is necessary to discharge any expense or liability, determined or contingent, of the Trust. Page 4 SECTION SIX Amendments 6. 1 This Declaration of Trust may be amended from time to time by an instrument in writing signed by all of the Beneficiaries and delivered to the Trustees , provided in each case that the amendment shall not become effective until the instrument of amendment or a certificate setting forth the terms of such amendment, signed by the Trustees , is recorded with the Registry of Deeds . SECTION SEVEN Resignation and Successor Trustee 7 . 1 Any Trustee hereunder may resign at any time by an instrument in writing signed and acknowledged by such Trustee and delivered to all remaining Trustees and to each Beneficiary. Such resignation shall take effect on the later of the date specified therein or upon the date of the recording of such an instrument with the Registry of Deeds . 7 . 2 Succeeding or additional Trustees may be appointed or any Trustee may be removed by an instrument or .instruments in writing signed by all of the Beneficiaries, provided in each case that a certificate signed by ANY TRUSTEE naming the Trustee or Trustees appointed or removed and, in the case of an appointment , the acceptance in writing by the Trustee or Trustees appointed, shall be recorded in the Registry of Deeds . Upon the recording of such instrument, the legal title to the Trust Estate shall, without the necessity of any conveyance, be vested in said succeeding or additional Trustee or Trustees , with all the rights , powers , authority and privileges as if named as an original Trustee hereunder. 7 . 3 In the event that there is no Trustee , either through the death or resignation of a sole Trustee without prior appointment of a successor Trustee or for any other cause, a person purporting to be a successor Trustee hereunder may record in the Registry of Deeds an affidavit, under pains and penalties of perjury, stating he or she has been appointed by all of the Beneficiaries a successor Trustee . Such affidavit when recorded with an attorney' s certificate under M. G. L . c . 183 , Section 5B , stating that such attorney has knowledge of the affairs of the Trust and that the person signing the affidavit has been appointed a Trustee by all of the Beneficiaries , shall have the same force and effect as if the certificate of a Trustee or Trustees required or permitted hereunder had been recorded and persons dealing with the Trust Page 5 or Trust Estate may always rely without further inquiry upon such an affidavit as so executed and recorded as to the matters stated herein. SECTION EIGHT Governing Law 8 . 1 This Declaration of Trust shall be construed in accordance with the laws of the Commonwealth of Massachusetts. SECTION NINE Reaistry of Deeds 9 . 1 The term "Registry of Deeds " shall mean the Registry of Deeds or Registry District of the Land Court for the district in the Commonwealth of Massachusetts in which the real estate which is the subject of this Trust is located, and in which this Declaration of Trust is recorded or registered. Executed as a sealed instrument on October 30 , 1991. , `JOHN A. BLAKE EDNA M. BLAKE COMMONWEALTH OF MASSACHUSETTS NORFOLK, ss. October 30 , 1991 a Then personally appeared the above-named JOHN A. BLAKE and EDNA M. BLAKE and acknowledged the foregoing instrument to be their free acts and deeds before me, ,.,- Notary Public s My commission ex�;SI:LEAHY KjypY PUBLIC r C SEpTEK43 i 3X19 3 From the office of: Mark A. Leahy, Esq. 111 Willard St. Quincy, MA 02169 (617) 328-1595 Page 6 EDWARD W. KIRK ATTORNEY AT LAW WIANNO PLACE 901 MAIN STREET P. O. BOX 393 OSTERVILLE.MASSACHUSETTS 02655.0393 FACSIMILE (SOB)428-4800 (508)428-4111 Emmett F . Glynn, Chairman March 17 , 1998 Barnstable Zoning Board 367 Main Street Hyannis , Mass . 02601 Re : Bacas/Snow v. Building Commissioner Appeal No . 1998-30 Dear Mr . Glynn : The memorandum which T submitted to the board late on the evening. of February 11 , 1998 contains the factual and legal basis why two Building Commissioners have determined that this lot 'is entitled to a building permit . Unfortunately, Mrs . O' Brien ' s earlier attorney was unfamiliar with the protection granted to certain undersized lots and that is why she proceeded with a variance request, rather than clarify the situation directly with the Building Commissioner. I. ( eceived a copy of Mr. .Qu i r.-k s memorandum yesterday and would like to make a brief reply. Both Mr . Crossen and myself are aware that the, O'Brien lot, like the Bacas/Snow lot. did not conform to the applicable zoning requirements on January 1 , 1976 . A review of the correspondence between myself and the Building Commissioner, as well. as his memo of February 10, 1998 make it clear that neither Mrs . O' Brien nor the Building Commissioner are relying exc-lusively on the most iecent version of 4-4 . 2 (2 ) as the source of the grandfather protection in this case. The basis for the protection is the. predecessor of the current language of 4-4 . 2 . The board has interpreted that language to mean that a severance in the common ownership of two contiguous undersized lots within the five year period following an increase in the area requirements, confers permanent "buildah.il. .i.ty" on each of those lots . The most recent amendment does, however, serve a helpful purpose in this discussion. It underscores the meaning of the earlier by law by using language which .i.s more direct; i . e. the "protection" which applies for a minimum of five years after the zoning change, completely "vests " if the transfer occurs within that five year period. Emmett F. Glynn March 17 , 1998 page two The amendment was not intended to repeal or "divest" the "buildability" of those pre-1976 lots which had been transferred into separate ownership within five years of a zoning change, and whose protection had therefore already vested under the earlier version of the bylaw. The O' Brien lot was III separate ownership within a matter of months of the zoning change iii 1973 and has remained a buildable lot for 25 years . Thank you for your thoughtful consideration of the issues, and on behalf of Mrs . O' Brien, T request that you uphold the decision of the Building Commissioner and deny the appeal . Very truly y9urs, i Edward W irk EWK/se cc : James H . Quirk, Esq . Ralph Crossen PLAN OF :,A?:n IN RARTISTA'iLE 17933.44 Sheet / Wh1.tney R Bciseett . Engineers ------ AUGUST 1939 0 ` I 0 w �UN. , e ( . bb e yr'l y 102 6 • � byb 1ov y got So. ---- � ot•to- ..._.._ �V � .n�n�`�. yam, ,9 'Fdr... r\ 00 _ Qti -— —loa ................. .._ --- p, OZ ,� y�y 'r' �D iE C, St o � Oa b oN ' h� �b`�c •� \ 40 --- too. too___.... _ L' a w Q Ap' titi� �e eton� C� 50. SD — roo. /oo. too. too.t—p d JWW — _—._._......_........—._ /00 too. V IDO. l00. to b too. 111 /oo. loo. ON „ too. /oo. too /oo. loo. roo. N N .o.... ... ............. .._....._............_...... .._..._.`_........_._.. ........... 100. /00. nl__ \ ....._ _(00.... _...._/DO_.........„ Si N a Ql o t /oo. ......._.....10 ..._.._._ /00. ioo..._......... __ ......._._.__.... /oo. roo. too. ! IOO. 100 _.._.._ roo. too, /on roo. . 0/ e .... .._.....tei.•. .Z.,..�.... .... _.... rJo ..._.60.. .m 50... ti o` rd,• cz �9 «w. too do. 32 • roo. fo0. do. 0 1 V ^so:. .so 50.N ^ 50: Q 1.32 7a1 e 3 fio��.65J O. q -e -Kennco'y N i 5�b� y; A na 17.3 nz 171 . . A 0 IC a p� A��,...• A'.••b6 \(or0 n • . 926 50.15 8�.38 R.126d ye a'7•rsd! r. rao'n8'd9' r.��. B..A t Copy of d of plan y zco upO C�MMG R -- LAND R£61PRAT/ON OffIC£ fE8.21 19Q1 ' L.n 7' 13 5[v!e of ov.,Plen 1/L0 feet to an inch �# , C A Humphrey,�fn9in�er for Cowl tKWE r° Town of Barnstable Regulatory Services } &mwsrABLm } v MASS $ Thomas F. Geiler, Director �p 039s639. jF Building Division Thomas Perry, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 September 28,2007 Douglas George 110 South Street Needham,MA 02492 RE: M First Way Barnstable,MA Map 301 Parcel 043 002 Dear Mr. George, I have reviewed the ownership claim of.he above referenced lot. According to the documentation provided this lot combined with map 301 004 001 address 35 First Way in 1991. These 2 lots were held by separate trusts however the trustees appear to be the same. In order for lots to remain separate and therefore build able under zoning they must remain in separate ownership and control. These two lots remained under the control of John and Edna Blake and therefore combined under zoning. This office must deny the Building Permit under application number 200704401. Siincceerel4erry, as Building Commissioner cc: Charles&Mary Jane Coakley 341 North Street Bridgewater, MA 02324 _ _ f A " ' r04%09i07 MON 06: 25 FAX 1 617 330 1239 [a 005 AFFIDAVIT � Now comes James H. Quirk Jr. , an attorney licensed to ` practice law in the Commonwealth of Massachusetts, - and for Attorneys Affidavit required by the Town of Bar Department t Lots 146 o establish that Barnstable Building and 14$ shown on Plan 17933-A, shown on Barnstable Assessors Map 301 Court Certificate 125274 T Par cel 43-2, Land John A. Blake and Edna H. Blake, Trustees of Bay Realty Trust, z October 30, 1 under Declaration Of Trust dated 991, Document No. 541421, is builda ble under Town of Barnstable Zoning By-Law, Section 4-4-2, Subsections lots that do not 1'6• for presently comply with the present �ninimu� , lot 37za required for the Zoningr District RB, Where Lots 146 and 148 are located. • I have caused to be examined the record title to Lots a=�d 148 shown on Land Court 146 Plan 17933-A, First Way, in the name of John A. Blake and Edna M. Blake, Trustees of Ba Realty Trust , y 2 • The original Certificate Of Title following the Land Court Decree issued in 1946 in the name of Elizabeth J. Cobb. 3• Elizabeth J. Cobb over the years deeded individual lots a groups of lots to various -ridparties . 4 • Lots were conveyed to Hu ' gh S. Frazel and Doris E. Frazel, husband and wife, who held title for many years se e Certificate of Title No. 17708. Donald A. Frazel hel to one Jot -a d title 17?09. See nor many years, see Certificate of Title No . also Certificates of Title No. 20105, 8 93522. 8340 and 04. 09.07 MOO 06: 31 FAX 1 617 330 1239 zoo9 2 S . The lots held by Hugh S . Frazel and Doris E. Frazel were conveyed by Robert E. Frazel as Executor to John A. Blake and Edna M. Blake in 1982, see Certificate of Title No. 88340. ,---- 6. John A. Blake and Edna M. Blake deeded Lots 146 and 148 individually to Edna M. Blake September 12, 1983 . —� 7 . Edna M. Blake individually conveyed Lots 146 and 148 into Bay Realty Trust in 1991, see Certificate of Title No. 125274 . 8 . I have reviewed all of the 'lots that abut Lots 146 and 148, and from my review can state that the owners of the abutting lots are all held by different individuals or entities . 9 . Therefore, from my review of the title to Lots 146 and 148 as well as the surrounding lots, my research of the Zoning By-Law and how the Courts have reviewed the provisions of Section 4-4-2, Subsections 1-6, and the Town' s intent relative to the By-Law, it is my opinion that Lots 146 and 148, shown on Assessors Map 301-43-2 are buildable and i therefore entitled to the issuance of a building permit . Signed this day of April, 2007 , under the pains and penalties of perjury. James H. Quirk, Jr . _ I I. EDNA M. a1.AKE, of Norwell. Plymouth County, Massachusetts, for consideration paid, and in lull consideration of One Dollar (S1.00) grant to JOHN A. BIAKE and EDNA M. BLAKE as Trustees of the BAY REALTY TRUST under a Declaration of Trust dated October 3�, 1991 and recorded herewith of 20 Fox Hill Ln., Norwell, Massachusetts, with QUITCLAIM COVENANTS: the land in Barnstable, Barnstable County, Massachusetts, bounded and described as follows: EASTERLY by a May, fifty (SO) feet; SOUTHERLY by Lot 148, one hundred (100) feet; WESTERLY by Lot 147, fifty (50) feet; and NORTHERLY by 1,ot 144. one hundred (100) feet. Said land is shown as LOT 146 on a plan hereinafter mentioned. EASTERLY by a May, fifty (50) feet; SOUTHERLY by Lot 150. one hundred (100) feet; WESTERLY by Lot 149, fifty (501 feet; and E NORTHERLY by Lot 146, one hundred (100) feet. m Said land is shown as LOT 148 on said plan. All of said boundaries are determined by the Court to be o located as shown on plan 17933-A (Sheet 1) dated Auqust 1939, i drawn by Whitney & Bassett, Engineers, and filed in the Land a Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Bdbk 54, Page 54 with Certificate of Title No. 8594 and said land is ro shown thereon as LOTS 146 and 148. s .. So much of said land, as is included within the limits of the May shown on said plan, is subject to the rights of all persons w lawfully ent aled thereto in and over the same. N There is appurtenant to said land the right to use the private ways and road shown on said plan and the right to use the* bathing beach in common with others entitled thereto. s - tea_! !end is subject to rights as set forth In a s-t!pulation between the petitioner in this case and Edgar R. Bigelow et al filed with the papers in this Case on May 5. 1942 being Document No. 19,185, so far as the same is in force and applicable. a 0 W 0. I 144 7933-A ( There is reserved to Barnstable Bay Inc. the right to install and maintain all public utilities in, over and upon the ways shown on said plan, including the right to grant easements to public service corporations for the installation and maintenance of such public utilities. . Said land is subject to the rights granted in an easement given to the Cape & Vineyard Electric Company et al dated April 21. 1941 being Document No. 19.747. Said land is subject to the rights granted in an easement given to the Barnstable Fire District dated July 11. 1950 being Document No. 27,775. Said land is subject to a Taking of Second Avenue by the Toren of Barnstable dated March 18. 1955 being Document No. 41,564. Being the same premises described Barnstable Registry District Certificate of Title No. 93522. WITNESS my hand and seal on October 30, 1991. 1p t N. BEAM COWWNWEALTH OF NASSACHUSMS NORFOLK. ss. October 30, 1991 Then personally appeared the above named EWA N. BIJI*'-k u and acknowledged the foregoing instrument to be her free ac r It r , and deed before me. ; Ngtar Public I"aEAHY r'At t SUMM SEPCD = AIM i i I I - i We. JOHN A. BLAKE and EDNA M. BLAKE. husband and Kife. }; of Norwell, Plymouth, County, Massachusetts, for consideration paid, and in full consideration of One Dollar ($1.00) grant to JOHN A. BLAKE and EDNA M. BLAKE as Trustees Of the VILLAGE REALTY TRUST under a Declaration of Trust dated October 3o. 1991 and recorded herewith of 20 Pox Hill 1m., Norwell, Massachusetts, with OUITCLAT-N COVENANTS; the land in Barnstable (Village), Barnstable County, ss Massachusetts, bounded and described as follows: NORTHERLY by Lot 140, one hundred (100) feet; EASTERLY by a Way, fifty (50) feet; SOUTHERLY by Lot 144, one hundred (100) feet; and WESTERLY by Lot 143, fifty (50) feet. ; Said lard is shown as LOT 142 on plan hereinafter mentioned. F EASTERLY by a Way, fifty (50) feet; a SOUTHERLY by Lot 146, one hundred (100) feet; L WESTERLY by Lot 145, fifty (50) feet; and x NORTHERLY by Lot 142, one hundred (100) feet. m Said land is shown as LOT 144 on said plan. c ti All of said boundaries are determined by the Court to be m located as shown on plan 17933-A (sheet 1) dated August 1939, drawn by Whitney 6 Bassett, Engineers, and filed in the LaIld Registration office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book v 54, Page 54 with Certificate of Title No. 8594 and said land is shown thereon as LOTS 142 and 144. iv So much of said land, as is included within the limits of the Way shown on said plan, is subject to the rights of all persons lawfully entitled thereto in and over the same. a a There is appurtenant to said land the right to use the private , ways and road shown on said plan and the right to use the •` bathirg'heazt in co::.,,,n with others entitled thereto. .; ^' Said land is subject to rights as set forth in a stipulation between the petitioner in this case and Edgar R. Bigelow of al filed with the papers in this Case on May 5, 1942 being Document No. 19,185, so far as the same is in force and d applicable. a r.. s, 0. I _ / i I t i 1 There is reserved to Barnstable Bay Inc. the right to install and maintain all public utilities in, over and upon the hays shown on said plan, including the right to grant easements to public service corporations for the installation and maintenance of such public utilities. Said land is subject to the rights granted in an easement given to the Cape G Vineyard Electric Company et al dated April 21, 1947 being Document No. 19,747. Said land is subject to the rights granted in an easement given to the Barnstable Fire District dated July 11. 1950 being Document No. 27,175. Said land is subject to a Taking of Second Avenue by the Town of Barnstable dated March 18. 1955 being Document No. 43.564. Being a portion of the premises described Barnstable Registry District Certificate of Title No. 88340. r WITNESS our hands and &eels this 3& Aay of October, 1991.99 x JOHN A. BLAKE EDRA H. BLAKE g 4 CW,,Oh'MFALTH OF MASSACHUSETT'S NORFOLK. ss. October %p, 1991 Then personally appeared the above named JOKK A. BLAKE and EDNA M. BLAKE and acknowledged the foregoing instrument to be their free acts and deeds before me, Notary Public LiAhY P f f i There is reserved to Barnstable Bay Inc. the right to install . and maintain all public utilities in, over and upon the ways shown on said plan, including the right to grant easements to public service corporations for the installation and maintenance of such public utilities. Said land is subiecz Lo the rights granted in an easement given to the Cape s Vineyard Electric Company et al dated April 21, 1947 being Document No. 19.747. Said land is subject to the rights granted in an easement given to the Barnstable Fire District dated July 11, 1950 being Document No. 27,775. Said land is subject to a Taking of Second Avenue by the Town of Barnstable dated March 19, '955 being Document No. 43,564. Being a portion of the premses described Barnstable Registry District Certificate of Title No. 88340. r 1tiTNUS our bands and meals this 3& .day of October, 1991.99 f JOW1 A. BLAKS E M M. BLAKE gg D CW,,ON1iEALTH OF MASSACHUSETTS NORFOLK, ss. October IL p . 1991 Then personally appeared the above named JOEN A. BLAKE and EDNA N. SLAKE and acknowledged the foregoing instrument to be their free acts and deeds before me. Notary Public MARI A.LiAhY�• � -� ' .. •..ems.. a r 4 I r• There is reserved to Barnstable Bay Inc. the right to install and maintain all public utilities in, over and upon the ways shown on said plan, including the right to grant easements to public service corporations for the installation and maintenance of such public utilities. Said land is sublec2 to the rights granted in an easement given to the Cape 6 Vineyard Electric Company et al dated April 21, 1947 being Document No. 19,747. Said land is subject to the rights granted in an easement given to the Barnstable Fire District dated July 11, 1950 being Document ido. 27,775. Said land is subject to a Taking of Second Avenue by the Town of Barnstable dated March 18. 1955 being Document No. 43,564. Being a portion of the preraises described Barnstable Registry r District Certificate of Title No. 88340. WITNESS our bands and seals this 3& oday of October, 1991. f y JOW1 A. BLAKE ED11A M. BLAKE COMM,ONWEAL?H OF MASSACHUSEM NORFOLK, ss. October s p 1991 Then personally appeared the above named JOIN A. BLAIM and MA M. BLAKE and acknowledged the foregoing instrument to be their free acts and deeds before mej Notary Public LEAKY a ' r 1 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Q Parcel0�3_ Application#z, 076 Health Division Conservation Division r� Permit# Tax Collector Date Issued Treasurer C� Application Fee ® . Planning Dept. Permit Fee Date Definitive.Plan Approved by Planning Boar n Historic-OKH Preservation/Hyannis Project Street Address �S 1.` •9�' . 1 �-t 1 q , Village 2?" ZyS -1f GL Owner ChWze_ei' C e6&,t_y f�14121 Address Telephone Permit Request L�tr--r S n, q6L6'-Gm�' #0hw. C/ 4 . ,vctq ED G19," t/ I CQ� O D �. Square feet: 1 st floor:existing proposed �� 2nd floor:existing proposed Total new( F_3 Zoning District Q Flood Plain Groundwater Overlay ;. �.. Project Valuation 878� Construction Type &le6ZO C�,4J-1 -r,& Goo® A�A,t z Lot Size ��, ®c�( Grandfathered: R<es ❑No If yes, attach supporting documentation. Dwelling Type: Single Family 2--' Two Family ❑ Multi-Family(#units) Age of Existing Structure NoA/E— Historic House: ❑Yes �o On Old King's Highway: ❑Yes Goo Basement Type: ❑Full MrCrawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) A10Al r- Basement Unfinished Area(sq.ft) Number of Baths: Full:existing new Half:existing new I Number of Bedrooms: existing new Total Room Count(not including baths):existing new First Floor Room Count 9Z Heat Type and Fuel: UY as ❑Oil ❑Electric ❑Other " Central Air: ❑Yes U4 Fireplaces: Existing 0 New 0 Existing wood/coal st v e: ❑YO" %3 Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑'existing ❑ne�w.5 size Attached ❑existing new size HXX17" garage: g Shed:❑existing ❑new size Other: Zoning, oard of Appeals Authorization ❑ Appeal# Recorded❑ Comme cial ❑Yes 2116o If yes, site plan review# rm; n, Current Use �� '^'� L'�S1'�4 Proposed Use BUILDER INFORMATION Name- ©`�91W Gks® T<, Telephone Number' Address XnAt / , Doi Yes_License# 04100", CHome Improvement Contractor# -713 \ Worker's Compensation# 4 S y5 0 144 ALL CONSTRUCTION DEBRI ROES LTING FROM THIS PROJECT WILL BE TAKEN TO 'ZoCNZWM&,T1 SIGNATURE DATE n� O� FOR OFFICIAL USE ONLY s _ Noun— PERMIT I NO. DATE ISSUED ' r s MAP/PARCEL NO. r t (F -ADDRESS - VILLAGE OWNER _ t "Ire { DATE OF INSPECTION: FOUNDATION y FRAME INSULATION - FIREPLACE ' el s ELECTRICAL: ROUGH � FINAL PLUMBING: ROUGH FINAL } GAS: ROUGH FINAL FINAL BUILDING i DATE CLOSED OUT ` 4 ASSOCIATION PLAN NO. f ' g i f { NAME:CT ADDRESS: 25 �,(, PERMIT# D PERMIT DAT M/P: ,fib LARGE ROLLED PLANS ARE IN: BOX 86 SLOTf Data entered in MAPS program on: BY: q/wpfiles/archive BARNSTABLE HARBOR NOTES: ,p.NE 1 . DATUM IS NGVD (RM 22) r- r ¢ w ¢ 2. ASSESSORS MAP 301 PARCEL 43-2 z 3 3. FLOOD ZONE: A3 ELEV. 11 v) 4. ZONING: RB 5 (FRONT: 20',. SIDE & REAR, 10') 5. DWELLING TO BE CONNECTED TO TOWN LOCUS J COMMERCE WAY SEWER 6. LOT COVERAGE: 12.8% LOCATION MAP NTS 7. LOCUS IS WITHIN HISTORICAL DISTRICT 8. NOTE: NO BASEMENT ALLOWED WITHIN FLOODZONE. FINAL GRADING TO BE IN ACCORDANCE WITH FLOODZONE REGULATIONS. FLOODZONE FOUNDATION DESIGN REQUIRED (BY OTHERS) 1 100.00 -I- -� LOT AREA ' a / 10,000t SQ. FT. U CEDARS ' I W ' PROPOSED FESCUE ' w GRASSES w O PROP. SHRUBS a p ALONG FRONT 4 � DWELLING W 12" CEDAR PROP / PROP. ORNAMENTAL GRASSES 32.p POST LIGHT 1� S. W �+ PROP. I DWELL. �a FIRST FLOOR_ rC•�� ELEV. 13.5' -- y� �_� -- v1 PROPOSED FESCUE \ GRASSES 2,j. �.3• � / PROP. S O GARAGE SLAB EL. 4 12.0't v —23,7- PROP. �— STONE PROP, DRIVE. ' POST & RAIL FEN I 100.0 ' E — BENCH MARK — CTR OF p XIST. I GRAVEL SEWER MANHOLE EL. = 9.9 DRIVE 70 1 LEGEND S PROP. SEWER W PROP. WATERLINE 10 EXIST. CONTOUR PROP. CONTOUR ,STANIFF PIAN OF #25 FIRST WAY i IN THE TOWN OF: ' BARNSTABLE (VILLAGE) . PREPARED FOR: DOUGLAS GEORGE A OF �tARNScya E 4 K 40 60 H. a - - . 20 0 20 ° OJALA N -9� 4 N .2634&„ -down cape engineering, inc. P FE S �*DAE CIVIL ENGINEERS SCALE: 1' .= 20' DATE: APRIL 17, 2007 I i _ `�JLAND SURVEYORS ARNE H. .E., P.L.S. 939 main st. yarmouth, ma 02675 07-081