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B�.L. PERRY`
0 193:DRoMo D 1ANE
BARNsmmE, A4A 02630'-1804
(508) 375-0653
September 21,. 2009.
Cummaquid Heights Association, Inc. .
12 Congressional.Drive
Yarmouth, MA 02675
Joseph J. Berlandi; President
33 Midpin.e.Road
Barnstable, MA 02630
Alvan T. Fuller, Director
12 Spyglass Hill Road
Cummaquid, MA 02637
Building Commissioner o.
Town of Barnstable
d.
200 Main Street
.Hyannis, MA 02601
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Barnstable Old kings Highway Historic District Committee
200 Main Street
Hyannis, MA 02601 N
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James R. Wilson, Esq.
P. O. Box 140
Barnstable, MA 02630:
Greetings:
My wife, Theodora P: Perry-("Teddy"), an&] own a home at 193 Dromoland Lane in
Barnstable. .
We are very much concerned about sign which recently,has been installed at the
corner of Dromoland Lane.and Mary Dunn:Road<and bears the name"Cummaquid
Heights". I will,refer to it below as the"Dromoland Sign
So far.as.we can determine, the Dromoland Sign unlawful being installed.without a
permit from the Town of Barnstable and in violation of the the:sign by-laws of th'e Town of
Barnstable, and , worse yet, endangering the safety of residents,of:the vicinity, as .
.explained below.
We do not know who installed the DromolandSign. For several days or weeks we
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have been engaged in a search for information about the Dromoland Sign, and what we
have found will be summarized in this letter, which will be sent to various persons and
organizations which may have some responsibility for the Dromoland Sign or an interest in
it, so that all of you will understand our concerns and perhaps take action accordingly.
Where is Cummaquid? So4ar as we can determine, "Cummaquid" is an old Indian
name for an area covering parts of Barnstable and Yarmouth. The Cummaquid Golf Club
occupies much of the Barnstable portion, and dates from the 1890's. There is a small post
office bearing the name"Cummaquid",located on Route 6A in Barnstable, near the
Yarmouth line, and the person,in charge is unable to define the boundaries of
"Cummaquid", but says that the post office rents boxes to persons without geographical
limitations and that she views"Cummaquid"as extending at least as far west as Mary Dunn
Road. This post office does not deliver mail to household mail boxes, but the Barnstable
post office does deliver mail to our Dromoland Lane address. Some of our neighbors
have boxes in the Cummaquid post office and some do not. So far as we can tell
Cummaquid has no official boundaries.
Where is "Cummaquid Heights"? Cummaquid Heights is the name of a subdivision
whose boundaries are shown on geographic plans approved by the Planning Board of
Barnstable and filed in the Registry of Deeds in Barnstable.
This brings us to a review of subdivision law. Anyone who requires further details
may examine "the subdivision control laws'which consists of sections 81 K through 81 GG of
Chapter 41 of the General Laws of Massachusetts. This is a complex area of law and
many attorneys seem to spend most of their time fighting over what it means. We will
focus on some of the relevant sections.
Essentially, "subdivision" means the division of a tract of land into two or more lots,
each of which has frontage on a road approved by the town in which the subdivision is
located. (see definition of"subdivision" in section 81 L.)
Someone wishing to subdivide a tract of land starts by submitting a"preliminary
plan"which shows, among other things, the name of the subdivision, the boundaries of the
subdivision, and the approximate locations of the proposed lots. (see definition of
"preliminary plan in Section 81 L.)
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After review by a number of town or city agencies, notice to abuttors, meetings and
negotiations, eventually the plan of the subdivision may be approved by the Planning
Board and recorded in the Registry of Deeds. (see Section 81 V.)
If you wish to see all of the provisions of the subdivision control law, they are printed
in law books which can be found in the Barnstable County Law Library,just to the right of
the entrance door to the library. There are at least two sets of General Laws of
Massachusetts and the librarians are very helpful to visitors.
The Barnstable County Law Library is in the District Court building at the east end of
the big parking lot near the court houses in Barnstable Village.
The Registry of Deeds is in`a`building at the opposite end of the parking lot, and for
a small fee the Registry employees will print out any subdivision plan and give you a
copy.
Our house on Dromoland Lane is in a subdivision called "Cummaquid Acres"which
is shown on five plans drawn in 1980 by a firm of engineers in Brockton, Massachusetts.
There is another subdivision called "Cummaquid Heights", which is shown in plans
recorded in the Registry of Deeds, at least some of which were drawn in 1968 by a
surveyor and approved by the Barnstable Planning Board in the same year. These plans
show that the westerly end of the Cummaquid Heights subdivision is at a point on
Oakmont Road. The plan recorded at page 17 of book 221 shows this quite clearly.
The site of the Dromoland Sign is not in the Cummaquid Heights subdivision nor
even close to it. A sign at that site which said "Cummaquid Acres"might be more nearly
accurate.
Cumm&quid Heights Association, Inc. Cummaquid Heights Association,. Inc., which
we will call "the Association" below, is a corporation organized under the laws of the
Commonwealth of Massachusetts on August 13, 2008, by Joseph J. Berlandi, Esq., who
became the resident agent of the corporation (and now is the President of the Association).
The Articles of Organization of the corporation show its principal office in
Massachusetts to be at 12 Congressional Drive, Yarmouth Port, MA 02675. We have
driven by that address and it appears to be a private residence with a large boat stored in
its driveway.
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Among the"purposes"of the Association is"a. To improve, enhance, repair, care
for, maintain and preserve the non publicly owned common areas in a certain residential
community located in.Cummaquid Heights, Barnstable, Massachusetts". It is not clear
whether the portions of the subdivision which are outside the town of Barnstable are to be
included.
Old King's Highway Regional Historic District. Chapter 470 of the Acts of 1973
(Massachusetts statutes)established a"regional historic district"to be know as the"Old
King's Highway Regional Historic District". Article 2 of Chapter 470 describes the area of
the District, which appears to comprise roughly those parts of Sandwich, Barnstable,
Yarmouth and Dennis which are north of the Route 6 Mid-Cape Highway.
A note at the end of the Chapter as printed in a web site of the District suggests
contacting Attorney James R. Wilson on regional matters, so we will send a copy of this
letter to him at the address specified. We know Attorney Wilson to be an attorney learned
and proficient in matters of real estate law, since he represented us in the purchase of our
house on Dromoland Lane.
It appears that there is something called the Barnstable Old Kings Highway Historic
District Committee, which has a mailing address at 200 Main Street, Hyannis, MA 02601.
Presumably the Committee has a statutory foundation,,but to date we have been unable
to track it down. We will send a copy of this letter to the Committee.
The District and the Committee may both have functions.to perform with respect to
signs located in the Barnstable portion of the District.
The Dromoland Sign. We have found within the files of the Committee an
application for a"certificate of appropriateness"for the Dromoland Sign. It is a curious
document. We will attach a copy of the cover page to this letter. l
Under the heading "Description of Proposed Work" it says
'To fabricate, install and maintain proposed signage and planting
areas at the junctions of Althia Drive&Mary Dunn Road and Dromoland
Lane& Mary Duna Road-thus marking the new `Entrance Areas'to
Cummaquid Heights.
Recently, CHA has extended it's boundaries to include Althia
Drive, Oakmont Road, Iris Lane, Brentwood Drive, Dromoland Lane,
Samantha Lane and Sisters Circle."
The printed form says "NOTE; All applications must be signed by the current
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owner". Under the NOTE the line for`owner" is left blank, but on the line for"Owner's
signature"is written in '.Alvan T. Fuller".
So far as we can determine, Alvan T. Fuller is not the owner of the site where the
Dromoland Sign is installed. We assume that he is the same Alvan T. Fuller who has been
elected a Director of the Association according to its current web site. We will send him a
copy of this letter.
The Dromoland Sign is a professional -looking sign which displays the words
"Cummaquid Heights" and no other words.
Barnstable Sign Regulations. The Town of Barnstable has a comprehensive by-
law entitled "Sign Regulations", consisting of sections 240 - 59 through 240 -89 of Article
VII.
The Dromoland Sign certainly certainly fits within the definition of"sign"as included in
section 240 - 60 Definitions.
We have not yet found a map or plan showing residential districts in the town, but
we think it fair to assume that the Dromoland Sign is in a residential district. Section 240-63
says that only specified categories of signs are permitted in residential districts, and the only
category within which the Dromoland Sign possibly could fit is category G, "One
identification sign not to exceed 12 square feet in area may be permitted at any public
entrance to a subdivision or multifamily development."
Signs in the Old King's Highway Historic District are subject to additional provisions in
section 240-79: "B. Within the boundaries of the Old King's Highway Historic District, the
Historic District's Regional Committee shall exercise the duties of the Building
Commissioner for the purposes of these regulations, except that the Building
Commissioner shall be informed of all actions taken by the Regional Committee."
.The provisions of the sign regulations are to be enforced by the Building
Commissioner (see Section 240 -89), who therefore gets a copy of this letter.
Attempted Annexation of Dromoland Lane. At some point in time the Association
decided to expand the boundaries of the Cummaquid Heights subdivision. As described
in the web site of the Association:
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"It has been determined that the boundaries of Cummaquid
Heights will be extended to Mary Dunn Road, which will include Althea,
Dromoland, Brentwood, Iris Lane, Samantha, and Sisters. This will give us
the opportunity of creating a much stronger and more recognizable entity
within the town. It will, no doubt, require that we create appropriate
decor, etc., at the two new entrance areas at Althea and Dromoland. I
visualize fencing, plantings, and carved signs, compatible with what we
now have at our entrance on 6A."
However, a subdivision such as Cummaquid Heights has no powers of eminent
domain. In fact, Section 81 DD of the subdivision control law specifically provides that"the
subdivision control law...=shall not authorize the taking of land...."
While reading an annotated version of the subdivision control law I came across a
reference to an opinion of the Appeals Court which was of interest. The Appeals Court I
understand to be an appellate court of the Massachusetts judicial system. The opinion
ruled that the owners of a proposed subdivision in Brewster called "Stonewood" could not
purchase a lot in an adjoining subdivision called "Wood Duck Estates"and extend an
easement through the Wood Duck subdivision to provide access to the Stonewood
subdivision without the approval of all of the owners of Wood Duck lots. The opinion was
.published at pages 456 through 466 of Volume 72 of the reports of the Appellate Court.
If anyone thinks that the Cummaquid Heights subdivision can obtain an easement of
nomenclature to call the Cummaquid Acres subdivision part:of Cummaquid Heights, he
should read the Wood Duck case very carefully, and also should become familiar with the
provisions of Chapter 93A of the General Laws of Massachusetts, which provides for the
award of treble damages and legal fees to persons injured by unfair or deceptive practices.
Apparently some clever lawyer decided to do an end run around the provisions of
Section 81 DD by using the provisions of the Barnstable sign laws to effect a taking of
additional territory for Cummaquid Heights and then relying on a decision of the Barnstable
Committee approving new"entrance signs"to claim that Cummaquid Heights had grown to
include new areas.
But the installation cf the Dromoland Sign does not expand the territory of the
Cummaquid Heights subdivision.
If the internal rules ow the Association so permit, the Association may enroll as
members persons who are residents of Billerica or Longmeadow or Williamstown or
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Sydney, Australia, but those other places will not become parts of Cummaquid Heights by
reason of the Association having members outside the boundaries of the subdivision.
The Association is not the subdivision and the subdivision is not the Association.
The subdivision can be no.greater in territory than is shown on the plans on file at the
Registry of Deeds.
The engineers of this annexation plan apparently tried to "sneak one by"the
Committee by blending the Association and the subdivision into one entity. As described
in the application submitted to the Barnstable Committee for the Dromoland Sign,
"Recently CHA has extended it's boundaries to.include ... Dromoland Lane...."and the
applicant wishes to install signage at the junction of Dromoland Lane and Mary Dunn Road
"thus marking the new `Entrance Areas'to Cummaquid Heights." (Underlining added by
me.)
Of course the Dromoland Sign is located a considerable distance from any"entrance
area"to Cummaquid Heights. To travel from the site of the Dromoland Sign to the nearest
public entrance to Cummaquid Heights one must travel some distance up Dromoland Lane
to the intersection with Oakmont Road,turn right onto Oakmont Road , go through a stop
sign, and then continue on Oakmont Road to the entrance to Cummaquid Heights.
The Dromoland Sign is not authorized by paragraph G of Section 240 -63 of Article
VII of the Barnstable Sign Regulations and is, to put it bluntly, illegal as well as deceptive.
Public Safety. The installation of the Dromoland Sign poses a significant risk to the
safety and well-being of the residents of the Cummaquid area.
If a fire engine or an ambulance or police car or other emergency vehicle is called to
render aid to someone who is described as living in "Cummaquid Heights" and proceeds
up Mary Dunn Road from Route 6A and sees the Dromoland Sign,it may well be induced
to turn onto Dromoland Lane at the intersection with Mary Dunn Road and proceed up
Dromoland Lane to its dead end without finding any indication of Cummaquid Heights along
the way. By the time it turns around and tries again, the house may have burned, the
patient may have died, or the home home invader may have escaped.
Apart from owing an apology to the person who has sought help, the persons
I responsible for the installation of the Dromoland Sign at an intersection which does not
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serve as an entrance to Cummaquid Heights may incur financial liability for the harm done.
The not-for-profit status of the Association probably will not be a valid defense for its
members.
Action requested. If we have misconstrued or overlooked any relevant portion of
the applicable laws, please inform.us promptly. Otherwise, we suggest that the following
steps should be taken.
1. The approval granted by the Committee on December 10, 2008, for the
Dromoland Sign should be revoked.
2. The Dromoland Sign should be modified to say "Cummaquid Acres"or relocated
to a site at a public entrance to the Cummaquid Heights subdivision. Until then, the word
"Heights" should be covered up so that emergency vehicles will not be led astray or
diverted from Cummaquid Heights.
Respectfully submitted,
�'47
Blair L. Perry
8
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`DFTHETpfy Barnstable Old Kings Highway Historic District Committee
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RAMSTABL ; 200 Main Street, Hyannis, MA 02601;TEL: 508-862-4787 Fax 508-862-4784
Y MASS.
rED APPLICATION, CERTIFICATE OF APPROPRIATENESS
Application is herebymade,with four(4)complete sets, for the issuance of a Certificate of Appropriateness under.Section 6 of
Chapter 470,Acts and Resolves of Massachusetts, 1973, for proposed work as described below and on plans,drawings,or
photographs accompanying this application for:
Check icll categories that apply;
1. Building construction: ❑ New ❑ Addition ❑ Alteration
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2. Type of Building: ❑ House ❑ Garage/barn ❑ Shed . ❑ Commercial ❑ CAher r�
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3. Exterior Painting, roof El new roof Elcolor/material change, of trim, siding, window, dpgr
,�( ON
4. Sign : 'r,L�J New Sign ❑ Existing Sign ❑ Repainting Existing Sigj r
5. Structure: ❑ Fence ❑ Wall ❑ Flagpole ❑ Retaining wall ❑ tennis.courj❑ Others
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6. Pool ❑ swimming. ❑ Qther°inan-mde pool
At"T l 1)P-t U
Type or Print Legibly: Date: Address of proposed work: House#4(�06 &APly D t11`l O QED,
Street: Village Assessors Map Lot#
Description of Proposed Work: Give particulars of work to be done:
To fabricate, :install and maintain.proposed signage and planting areas at
the junctions of Althia Drive & Mary Dunn Road and Dromoland Lane & Mary
Dunn Road-thus marking the new "Entrance Areas" to Cummaquid Heights.
Recently, CHA has extended it's boundaries to include Althia Drive,
Oakmont'Road, Iris Lane, Brentwood Drive, Dromoland Lane, Samantha Lane
and Sisters Circle/I. y / p �( 2 /
Agent or Contractor(print):C U�A AQ U t D 1 I 6 1+"1S l 1�`'"l elephone#: '- J(O 2`
Address:
Contractor/Agent' signature: C(JAI 41 U 10; f W4S SO (OA)
NOTE All applications must be signed by the current owner
Owner(print): R - Telephone#
Owners mailing address: O O l �' 7
Owner's signature:
For committee use only:. This Certificate is h APPROVED/DENIED
:� Date 1 �Ta Members signat -re
D J �
NOV 1 7 [008
TOWN Qf B STA5.LE
HISTORIC;P ERVATkON
Any conditions of approval: = - • '
town of:Barnstab(i:
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Q:IGMD-Groupsl0/dKingsHighwaylOKH.New.AppIOKHCert-4ppropriatenessO7.rtoc "
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Town ®f]Barnstable
RA—WA M i Department of Public Works
lbs9• .e� Engineering Division
CFO MA'S�
367 Main Street,Hyannis MA 02601
Office: 508-862-4088 Mark S.Ells,Director,DPW
Fax: 508-862-4711 Robert A.Burgmann,P.E.,Town Engineer
i
I Page 1 of 2
ROAD OPENING PERMIT
I _.....__.....-
.Permit No.: �� __._ .. _ _-- -----------
Permit
Fee:
Date: �/ / (� Payment Rec' :
ec o.:
Dig Safe Acct.
ITo: Town Manager
Pursuant to the provisions of the Charter-of the Town of Barnstable and the applicable provisions of the Massachusetts General
Laws, the undersigned respectfully requests that your written consent be given to dig up and/or tunnel under the ground in the
following public ways for the following puipose:
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Location: /r4/�/7 �i/C�
Purpose:— � i�� ( ���VL (T)
The undersigned agrees to conform to all applicable Massachusetts General Laws and Town of Barnstable Ordinances and any
stipulations governing the approved.Road Opening Permit Additionally, the undersigned agrees by the acceptance of this Permit
to be responsible for all work to be performed, and has appropriate insurance coverage in the amount required by the Town of
Barnstable for any injuries to persons or property and indemnifies.the Town of Barnstable for any of their acts in connection with
i this Permit, and to be responsible for trench maintenance during the period of construction as well as trench repairs for a period
of one year from the date of project completion.
NOTICE:
The Engineering Department must be notified at least 24 hours in advance of scheduled trench compaction, and/or repaving.
Cutting of pavement is prohibited at all times unless prior approval is given either by this permit application or by contacting the
Engineering Division. Newly paved roads have a five (5) year moratorium for cutting of pavement and permits will not be
zranted unless the need for cutting is proven to be a necessity for emergency repairs
o W R��� 8WO
Property owner's/-signatures Telephone number
contractor.name (Type or Print) Telephone number T
Licensed..contractor's address(where permit is to be mailed)
I
APPROVALS
Reviewed by Highway Division: Date:
Special Conditions:
I,the undersigned Director of DPW,Town of Barnstable,hereby give written consent to the excavation in the town way as
requested and upon the conditions set forth above:this ?,7 day of
^ctor of P Town Manager,Town of Barnstable
------------------------- ----- - ----...-------- -----
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Page 2 of 2
*THE TOE
'Yy Town of Barnstable
i lARNAB[F,.$+ Department of Public Works
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16 q. a Engineering� S a� Division
367 Main Street,Hyannis MA 02601
Office: 508-862-4088
Fax: 508-862-4711 Mark S.Ells,Director
Robert A.Burgmann,P.E., Town Engineer
.-.....
ROAD OPENING PERMIT
Permit No. C>:Z]A r�� Date:
Location:
Contractor: Tel. #
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boundary determination or regulatory Interpretation. Enlargements beyond a scale of
7'=100'may not meet established map accuracy standards. The parcel lines on this map Owner:JANSSON,RON S 8 MARCIA C Selected Parcel I
are only graphic Wmeentations of Assessor's tax parcels.They are not true property Co-Owner Total Assessed Value:$1600
bounderlas and do not represent accurate relationships to physical features on the map Acreage:0.86 acres ED
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Town of Barnstable
BARNSTABLE. « -
Department of Public Works
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t639• .e� Engineering Division
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Office: 508-862-4088
Fax: 508-862-4711 Mark S.Ells,Director,DPW
Robert A.Borgmann,P.E.,Town Engr
Page 1 of 2
ROAD OPENING PERMIT'
Permit No.;. . _..-- . .._..
.1�
Permit Fee
Date: /0 /�_/a�, Payment Rec' .
i ✓Dig.Safe
i
To: Town Manager
I Pursuant to the provisions of the Charter of the Town of Barnstable and the applicable provisions of the Massachusetts General
i Laws, the undersigned respectfully requests that your written consent be given to dig up and/or tunnel under the ground in the
following public ways for the following purpose:
I
Location:-U 1-76
✓Purpose:. /it fS't/,�z _. CU���m,4 wiox=/C,lf S/c7�(l
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The undersigned agrees to conform to all applicable Massachusetts General Laws and Town of Barnstable Ordinances and any
i stipulations governing the approved Road Opening Permit Additionally, the undersigned agrees by the acceptance of this Permit
to be responsible for all work to be performed, and has appropriate insurance coverage in the amount required by the Town of .
Barnstable for any injuries to persons or property and indemnifies the Town of Bamstable for any of their acts in connection with
this Pemut, and to be responsible for trench maintenance during the period of construction as well as trench repairs for a period
I of one year from the date of project completion.
NOTICE:
The EngineeringDe artment must be,notified at least 24 hours in advance of scheduled trench compaction, and/or repaving:
Cutting of pavement is prohibited at all times unless Prior approval is given either by this p6rmit application or by contacting the
Eneineerinf Division. Newly paved roads have"a five (5) year moratorium for cutting of pavement and permits will not be
I granted unless the need for cuttme is proven to be a necessity for emergency repairs
Property owner's s
Telephone number
I L+eerztc f contractor name (Type or Print) Telephone number
bieeresed contractor's address(where permit is to be mailed)
I APPRO VA T S
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Reviewed by Highway Division: Date:
Special Conditions: .U151 -
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I, the undersigned Director of DPW,Town of Barnstable,hereby give written consent to the excavation in the town way as
e e requd and upon the conditions set forth above: this day of_Fi(i � iL
j 1 _ it r of DPW Town Manager,Town of Barnstable
i
------_:
Page 2 of 2
�F WE Tay.
— oT Town of Barnstable
&ums-rAl3u, : Department of Public Works
w� Engineering Division
367 Main Street;Hyannis MA 02601
Office: 508-862-4088 Mark S.EIIs,Director
Fax: 508-862 4711 Robert A.Burgmann,P.E.; Town Engineer
ROAD OPENING PERMIT
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Location: ACTi
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are only graphic representations of Asseeeor's tax parce ey are not true property Co-Owner-
boundaries _i and do not represent accurate rela0onships to res on the me - Acreage:1.05 acres Abutters
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