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3225 MAIN STREET • P.O. BOX 226
BARNSTABLE, MASSACHUSETTS 02630
CAPE COD
(508) 362-3828 • Fax (508) 362-3136 • www.capecodcommission.org COMMISSION
CERTIFICATE OF COMPLIANCE
For Lot #3
DATE: November 17, 2010
TO: George Ferguson
C/o Down Cape Engineering, Inc.
939 Main Street
Yarmouthport, MA o2675
FROM: Cape Cod Commission
RE: Development of Regional Impact
1
APPLICANT: George Ferguson _
1 Livermore Lane — CD
; "
Weston, MA 02493 =
PROJECT#: TR-98o38 -72
PROJECT: Audubon/Ferguson Subdivision
Route 6A, Barnstable
On Barnstable Harbor in the area of Jules Island Creek
RECORDING INFORMATION: REGISTERED LAND
Hugh C. Ferguson,Trustee CT 181905 Lot 1, Land Court Plan 35874-B, Sheets 1-4
Massachusetts Audubon CT 152623, Lot 2, Land Court Plan 35874-B, Sheets 1-4
George W. Ferguson CT 152621, Lot 3, Land Court Plan 35874-B, Sheets 1-4, and Probate
Document 98Po48oEP-1
Massachusetts Audubon CT 152623, Lot 4, Land Court Plan 35874-B, Sheets 1-4
Massachusetts Audubon CT 190420, Lot 5, Land Court Plan 35874-B, Sheets 1-4
I hereby certify that George Ferguson has properly complied with the Cape Cod Commission
(Commission) Development of Regional Impact (DRI) decision dated December 3, 1998,for the
Audubon/Ferguson Subdivision in Barnstable. Mr. Ferguson has complied with the DRI
decision conditions required for issuance of a Certificate of Compliance for Lot #3.
The December 3, 1998 DRI decision acknowledged that 78 acres on Lot #2 and Lot #4 would be
deeded to the Massachusetts Audubon Society for inclusion in the Great Marshes. The DRI
decision noted the division of the remaining land among family members would create two
additional building lots for a total of five lots. Lot #1, Lot #3 and Lot #5 were to remain with
familymembers. .
CAPE COD
COMMISSION;
TWENTYYEARS
ti199Q2010:'
Keeping a Special Place Special
•
•
According to condition G4, Lot#1 and Lot #2 were approved for only the existing single family
homes on each lot. Construction of only one single family home was permitted on Lot #3 and
Lot #5. No further development was permitted to occur on Lot #1, Lot#2 or Lot #4.
Information in the Commission's files indicates that Lot#2 and Lot #4 were deeded to
Massachusetts Audubon Society in 1999. Information submitted in connection to a request for a
Certificate of Compliance indicates that Lot #5 was also deeded to the Massachusetts Audubon
Society in 2009.
As such, Lot #3 is the only remaining lot approved through the 1998 DRI decision for additional
development, which is one single-family home (condition G4).
COMPLIANCE WITH RELEVANT CONDITIONS
The conditions in the Commission's decision that have been addressed as they relate to Lot#3
are G2, G3, G4, N/01, N/04,and N/05. Preliminary plans provided to Commission staff on
August 27, 2010 are consistent with conditions N/06, N/07 and N/08 as they relate to
development on Lot#3.
However, restrictions with respect to encroachment into wetland buffers, access to Lot#5 via a
driveway off an existing cart path,and a specific development envelope for Lot #3 and Lot #5 as
articulated in conditions N/06,N/07 and N/08 continue to remain in force as any development
on the site proceeds.
ISSUANCE OF CERTIFICATE OF COMPLIANCE
In regards to the requirements set forth by the DRI decision of the Cape Cod Commission,the
Town of Barnstable is hereby authorized to issue local permits for the development of a single
family house on Lot #3 of the Audubon/Ferguson Subdivision located in Barnstable, MA.
This Certificate i•• not r• • any activities or work connected to other Lots in the
Audubon/F• guson ` 'r: sion
kie. a.
fr
w_ /AN_ A. ho
Paul Niedzwiecki, Exewe I ►,°' Date
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss h I1� , 2010
Before me,the undersigned notary public,personally appeared r a ul N(�ZVVITf�CI
in his/her capacity as Executive Director of the Cape Cod Commission,whose name is signed on the
preceding document,and such person acknowledged to me that he/she signed such document voluntarily
for its stated purpose. The identity of such person was proved to me through satisfactory evidence of
identification,which was [_]photographic identification with signature issued by a federal or state
governmental agency, [_]oath or affirmation of a credible witness,or[A personal knowledge of the
undersigned.
-14c4f-emitieti.
Nota'ry Public
My Commission Expires:
uson Subdivision, Barnstable KRISTY to bNATCRI
Audubon/Ferguson �', , NotaryPublic
«
Certificate of Compliance for Lot#3 Commonwealth of Massachusetts
11/17/10 My Commission Expires on
• June 30,2017