Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
0269 GOSNOLD STREET
p1� OSnC; ct ,I 1 I�1 1 I �� V W i L ,� i i i 6. S �. � � 4 I lA �MM i'J � � i ,'r 1 � �_ � � _. I i i .. I i i f\ ^ / �/ �_ � - / BUILDING C � , LAW OFFICES OF MAR.2 9 2021 PAUL R. TARDIF, ESQ., P.C. 490 MAIN STREET TOWN OF BARNSTABLE YARMOUTH PORT,MA 02675 (508)362-7799 (508)362-7199 fax Paul R Tardif,Esq. Stacey A. Curley,Esq. ptardif@tardiflaw.com www.tardilflaw:com scurley(@tardiflaxv.com REFER TO FILE NO. March 24, 2021 Brian Florence Building Commissioner Town of Barnstable 200 Main Street Hyannis MA 02601 Re: 269 Gosnold Street, Hyannis Current Owner: Brian Germani Map: 306, Parcel224 Dear Mr. Florence: Please be advised that this office represents the Paul Nichols, the proposed purchaser of the property at 269 Gosnold Street, Hyannis, Massachusetts. (the "Property"). It is my understanding that my client will be submitting a building permit application, and that this letter will accompany the same. After reviewing the title history of the Property, and having reviewed the various zoning changes to the Barnstable Zoning Ordinance over the years, and having reviewed the existing buildability analysis in the Building Department file, it is my opinion that the Property is a buildable lot, which entitles my client to a building permit by right. I am writing to determine whether, based on the information presented herein, you concur. 269 Gosnold Street(the Property). The Property, currently titled in the name of Brian Germani, is denoted as Parcel 224 on the Town of Barnstable Assessor's Map 306. Title to the Property is derived pursuant to a deed registered in the Land Court Division of the Barnstable County Registry of Deeds as Document 1201962.on Certificate. of Title No. 198245, dated September 21, 2012. The property is a combination of two (2) lots, denoted as-Lots 4 and 5 onland Court Plan No. 13635-F. ("Plan 1"). Currently, and based on the tax card of the Town of Barnstable Assessor's Office, the lot is unimproved and contains approximately 16,553 square feet of area. I would typically provide you with a title history of this property, as well as the title history of all other abutting lots, in preparation for opining as to whether the property complies Page 1 of 3 . Letter to Brian Florence 269 Gosnold Street, Hyannis, MA f with the single lot exemption of the Barnstable Ordinance § 240-91 entitled "Nonconforming lot.", which reads as follows: A. Separate lot exemption. Any increase in area, frontage, width, yard or depth requirement of this chapter shall not apply to a lot for single- or two-family residential use which at the time of recording or endorsement: (1) Was not held in common ownership with any adjoining land; and (2) Had a minimum of 5,000 square feet of area and 50 feet of frontage or the minimum frontage requirement for the zoning district in which it is located; and (3) Conformed to the existing zoning if any when legally created;and (4) Was separately owned at the time of every zoning change which made it nonconforming. However, in this limited ease, I do not believe that such an analysis is necessary. It appears from the documents in your file for this property, that the buildability determination has already been reached. Specifically, I have attached an Inter-office Memorandum, dated April 21, 2010, from. the then 1st Assistant Town Attorney T. David Houghton to Tom Perry, the then-Building Commissioner. It discusses the fact that the issue of buildability was discussed at length and a determination was made. As indicated above, this Property consisted of Lots 4 and 5 on Land Court Plan No. 13635-17. Those properties were denoted as 18 Morrissey Road (Lot 5) and 269 Gosnold Street (Lot 4). The conclusion of Attorney Houghton is found in the last paragraph of his Memorandum, where he states as follows: "The caveat is-the 18 and 269 must be returned to their "merged" configuration by.an 81 X plan and deeds (all right,title and interest).re-combining them before a permit can issue." Based on this request, I am providing you the following: 1 Deed from Claude-Germani, Marc Germani, Umberto Germani and Giosina Germani to Marc Germani and Brian Germani, registered in the Land Court Division of the Barnstable County. Registry of Deeds as Document 1201962 on Certificate of Title No. 198245, dated September 21, 2012, which conveys both Lots 4 & 5 (18 and 269) by deed;' 2. Land Court Plan No. 13635-F (showing Lots 4 & 5); and 3. Land Court Plan No. 13635-G (showing the combination of Lots 4 & 5 into Lot 9). ' It should be noted that Marc Germani died on October 23,2015,as evidenced by the Death Certificate registered in the Land Court Division of the Barnstable County Registry of Deeds as Document 1,289,223. Page 2 of 3 Letter to Brian Florence ' 269 Gosnold Street, Hyannis, MA It would appear to me that the conditions imposed by Attorney Houghton were met, and that the property at 269 Gosnold Street, which is comprised of Lots 4 & 5, is now a buildable lot. Based on this series of events, it is my opinion that the lot may be built upon. A building permit should be issued upon the review of a proper building permit application. I would appreciate a written response, which will verify that the Property, located at 269 Gosnold Street, Hyannis, MA, benefits from the Single Lot Exemption. I thank you for your time and attention to this matter. For purposes of this opinion, I have assumed the facts set forth above. Although in rendering this opinion, 1 have reviewed records of the Barnstable Assessor's Office and certain documents at the Barnstable County Registry of Deeds, I have not otherwise independently verified the facts set for the below and have not performed a full examination of the record title of the Property, unless otherwise indicated. I assume for purposes of this opinion the authenticity of all signatures and the due issuance and validity of the statutes, regulations, zoning by-laws, zoning map and all permits and plans referred to herein or attached hereto. I render no opinion on matters except as specifically stated herein, including without limitation any federal or-state statute, or federal, state or municipal law, rule, ordinance or regulation. This opinion is being delivered to you solely in connection with the aforementioned building permit application for 269 Gosnold Street, Hyannis and may not be relied upon by any other ar or any th purpose without my prior written consent. Very T Y rs, aul R. Tar if Enc. cc: Paul Nichols r I Page 3 of 3 Letter to Brian Florence 269 Gosnold Street, Hyannis,MA Town of Barnstable �ptt1E Barnstable OFFICE OF TOWN ATTORNEY B"R'IAM 367 Main Street ass. I Ar 1639. 6 Hyannis MA 02601-3907 - ED � 2007 RUTH J.WEIL,Town Attorney Tel.#: 508-862-4620 T. DAVID HOUGHTON, 1"Assistant Town Attorney Fax#: 508-862-4724 CHARLES S. McLAUGHLIN,Jr.,Assistant Town Attorney CLAIRE R.GRIFFEN,Paralegal/Legal Assistant PAMELA D. GORDON, Legal Clerk Inter-office Memorandum To: Tom Perry, Building Commissioner 1 From: T. David Houghton, 1st Assistant Town Attorney �v Date: April 21, 2010 Subject: 17 & 18 Morrissey Road and 269 Gosnold St., Hyannis Our File Ref: 2008-0005 Back on March 24, 2009, Attorney Michael Ford wrote to you inquiring whether. 18 Morrissey Road (Map 306, Parcel 223) and 269 Gosnold Street (Map 306, Parcel 224) constituted a buildable lot. We have had extensive discussions with Attorney Ford, among ourselves, and exhaustively reviewed applicable law and ordinances and have come to the opinion that a building permit could lawfully issue with one caveat. The circumstances are that the three lots were created by subdivision in 1968. Prior to 1979, Umberto and Giosina Germani owned all three together. 17 Morrissey had.13,000 square feet +/- and a dwelling on it as far back as at least 1969. In 1972, when zoning changed to 10,000 square feet, 17 complied. However, 18 and 269 were 20080005 perry memo 18 morrissey.doc still in the Germani's ownership, and merged for zoning purposes but still complied. When they separated ownership of 18 and 269 in 1979, it was ineffective to grandfather two lots because 18 and 269 were too small, even by 1972 standards. However, the separation did not negate the grandfathered protection brought about by the merger in 1972 because it effectively put the merged portion into separate ownership (just once, not twice) at a time when it complied.. So, the caveat is that 18 and 269 must be returned to their"merged" configuration by an 81X plan and deeds (all right, title and interest) re-combining them before a permit can issue. TDH:pg Cc: Michael Ford, Esq. 20080005 perry memo 18 morrissey.doc I Doc- is2017962 09-21-2012 1 --26 Ct f�= 198245 N O T BBARNSTNBo E LAND COURT REGISTRY A N A N O F F I C I A L O F F I C I A L C 0 P Y DEED C o P Y N O T N O T We, Claude Germani,"bAg unmarried,Marc German,l it unmarried, Umberto Germani, being marriedgncFGFosihaga'dm&i,(being married:,IallFof47 W61ndt Pia&, Newtonville,MassachusettsC,0946, Y C o P Y for nominal consideration of One ($1.00)Dollar, grant to Marc Germani and Brian Germani, of 110 Washington Park, Apt. No. 7,Newtonville, Massachusetts, 02640-1939,as joint tenants with right of survivorship, with QUITCLAIM COVENANTS the land located on Morrissey Road, Barnstable, Barnstable County, Massachusetts,more particularly bounded and described as follows: FOR DESCRIPTION SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN. Said premises are conveyed subject to and with the benefit of all rights, rights of way, easements,takings,appurtenances,reservations and restrictions and other matters of record, if any there be, insofar as the same are in force and applicable. For title reference see Certificate of Title No. 77577 and Certificate of Title No. 77578. Property Address: 18 Morrissey Road, Barnstable,MA. i 1 I N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T Executed as a sealed &sAment this /!off`' day of Nov&ter,2011. O F F I C I A L O F F I C I A L C O P Y C O P Y Umberto Germani (} Giosi a Germani Claude Germani Marc Germani COMMONWEALTH OF MASSACHUSETTS BARNSTABLE COUNTY: On this the 16r' day of November,2011, before me, the undersigned notary public, personally appeared Claude Germani, Marc Germani,Umberto Germani and Giosina Germani and proved to me through satisfactory evidence of identification which was to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it for its stated purpose. Notary Public ---O 0- My commission expires: -IICHAEL D.FORD,ESQ. NOTARY PUBLIC Commonwealth of Massachusetts My Commisslon Expires April 14, 2017 2 N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y EXHIBIT A C O P Y N OPROPERTY DESCRIPTION O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y The land located on Morrissey Road, Barnstable,Barnstable County, Massachusetts, more particularly bounded and described as follows: Lot 4 on Land Court Plan No. 13635-F and Lot 5 on Land Court Plan No. 13635-F 3 BARNSTABLE REGISTRY OF nFFnfi /36 T5 SDIIDIVTST(W OTlT N OF LAND IN BATtt;S7'A&.•T Barnstable SnrpiPN Conslilt.ants, Inc. , St)vOvoNors O F g F 1 Cr� I A l4 O F F I C I `A L `• 3i N O T N O T A N A N O F F I C I A C I A L., Y C O Y ° STREET +o GOSNOLD w01 fi I00.00 IV tv ,o f &o.00 o a b Q 0,; ,3a oo �h I� r8b•.Boas f h` 0 5 �3000, , g 9s:00 MORRISSEY RD.CS� « 'CA .� � t�q O• .20' , 41 ,� }N 8J • .3'O' .'3'9iL' �t1 F[>p.LC�srS'�E U O !3'g.39 MOO ' t z87. Z t s rF � ao• .tea '• it• ..5 g• �� ... .f �. .8. iy, park c•r e e a 1• -.._•�0.00 0 Subdivision of Lots R1 and R2 Shown on Ilan 13635C Fi 1e:d with Cert. of Title 1, 31490 Reristry District of P.arnstable County sperele Certif afes of title may be issued for land shown/krCm s ,P.Ar Ae.,.,'�.�.fa,�_7,�8Ct A------. Copy of palf of plan By the Chart. .;. OW [AND R£6/STRAT/ON MICE .(` f • _ jole of this Alen fat to an int$ f -- 'me C.M.An*rsao,£*Wrkr COW t►r,� I W. SUBDIVISION PLAN MF@AffD IN BARNSTABLE N° O T A N �C1��F �f`e N C�eS'�t-v,FSurlve}�ersl A L I A L Nover>ri P18P 2(Y10 C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y 13635E C O P Y p l o n N o .L 2 120.41 i i GOSNOLD (40.00 wide) STREET N 76• 53• 22" E o f06.68 1.49 r „ L.C.B. f00.00 ,' 1 ry dn. C.B. W o .o v y ^ O Q ' h O II p ' W 9 0 on " N a h h On 30.00 C.8. S8070145"W u dh. o W 1n "O MORRISSEY (jo 0a wide) ROAD o� � H 82.23 s a3• 50• s�" w 7 yyo fm Subdivision of Lots 4 and 5 Shown on Plan 13635—F Filed with Cert. of Title No. 30575 Registry District of Barnstable County Separate certificates of title may be issued for fond Abutters are shown as shown hereon as Lot 9 on original decree plan. By the Court. �. Copy of port o/plan filed in- LAND R0157PARON OFRCE December 6, 2012 Recorder Dec. 6, 2012 Scale of this plan JO feet to on inch SJK-09ZN LC. Pontbriond, Engineer for Court& Town of #44PP oFIME Barnstable PR 2�+ OFFICE OF TOWN ATTORNEY` MA„=, aCfly + BARNSTABLE,MASS. 367 Main Street , r 9 i6 9. ,,�� Hyannis MA 02601-3907—,.=----= 2007 ,4 RUTH J.WEIL,Town Attorney Tel.#: 508-862-4620 T. DAVID HOUGHTON, 1st Assistant Town Attorney Fax#: 508-862-4724 CHARLES S. McLAUGHLIN,Jr.,Assistant Town Attorney CLAIRE R. GRIFFEN, Paralegal/Legal Assistant PAMELA D. GORDON, Legal Clerk Inter-office Memorandum To: Tom Perry, Building Commissioner From: T. David Houghton, 1 st Assistant Town Attorney Date: April 21, 2010 Subject: 17 & 18 Morrissey Road and 269 Gosnold St., Hyannis Our File Ref: 2008-0005 Back on March 24, 2009, Attorney Michael Ford wrote to you inquiring whether 18 Morrissey Road (Map 306, Parcel 223) and 269 Gosnold Street (Map 306, Parcel 224) constituted a buildable lot. We have had extensive discussions with Attorney Ford, among ourselves, and exhaustively reviewed applicable law and ordinances and have come to the opinion that a building permit could lawfully issue with one caveat. The circumstances are that the three lots were created by subdivision in 1968. Prior to 1979, Umberto and Giosina Germani owned all three together. 17 Morrissey had 13,000 square feet +/- and a dwelling on it as far back as at least 1969. In 1972, when zoning changed to 10,000 square feet, 17 complied. However, 18 and 269 were 20080005 perry memo 18 morrissey.doc still in the Germani's ownership, and merged for zoning purposes but still complied. When they separated ownership of 18 and 269 in 1979, it was ineffective to grandfather two lots because 18 and 269 were too small, even by 1972 standards. However, the separation did not negate the grandfathered protection brought about by the merger in 1972 because it effectively put the merged portion into separate ownership (just once, not twice) at a time when it complied.. So, the caveat is that 18 and 269 must be returned to their "merged" configuration by an 81X plan and deeds (all right, title and interest) re-combining them before a permit can issue. TDH:pg Cc: Michael Ford, Esq. 20080005 perry memo 18 morrissey.doc r MICHAEL D. FORD ATTORNEY AT LAW 72 MAIN STREET, P.O. BOX 485 WEST HARWICH, MA 02671 TEL. (508)430-1900 FAX (508)430-9979 EMAIL:mdfesgI @verizon.net Town of Barnstable Date: 3/24/09 Thomas Perry/Building Inspector 200 Main Street Hyannis, MA 02601 RE: 17, 18 Morrissey Road and 269 Gosnold Street, Hyannis, MA Dear Mr. Perry: We have been asked by the owners of 17, 18 Morrissey Road and 269 Gosnold Street, Hyannis, MA, to represent them with the following matter: All three lots have been separated since they were subdivided in 1968 and continue to be assessed and taxed on an individual basis. • The first lot is 17 Morrissey Road. This lot has a total square footage of 13,068 square feet and is improved with a residential family dwelling constructed in 1920. It is located on Map 306 Parcel 222. The town assessment for this lot is $501,300, with an annual property tax of$4,164.50. • The second lot is 18 Morrissey Road. This lot has a total square footage of 8,712 square feet. It is located on Map 306 Parcel 223. The town assessment for this lot is $346,300, with an annual property tax of$2,876.85. • The third lotus 269 Gosnold Street. This lot has a total square footage of 7,840 square feet. It is located on Map 306 Parcel 224. The town assessment of this lot is $266,200, with an annual tax of$2,211.44. (See Assessors Map attached) While these lots themselves do not meet the current zoning requirements under the minimum lot size, we feel that at least two of the lots are still buildable as preexisting nonconforming lots based on the zoning and property history which depicts the following set forth in our timeline. c � k� Zoning and Property Historical Timeline The three lots were created through a subdivision plan in 1968. At the time the zoning had a minimum square footage of 7,500 for lot size and 75 feet of frontage. Therefore, all three lots conformed to the zoning requirements. The first zoning change came in 1972, at which time the minimum lot size was changed to 10,006 sq feet and the frontage was changed to 20 feet. 17 Morrissey Road was still in "l excess of the minimum with a total sq footage of 13,068 square feet with a residential dwelling. 18 Morrissey Road with a total square footage of 8,712 & 269 Gosnold with a (0000 total square footage of 7,840 no longer met the required minimum. Arguably, if the lots �p are in common ownership at the time of the zoning change, then they will be merged as a result. At the time of this change, all three lots were owned by Umberto and Giosina Germani, who are husband and wife. It is our contention that 17 Morrissey would remain as an unmerged separate lot, still being in excess of the minimum requirement of 10,000 square feet, although 18 Morrissey and 269 Gosnold may have merged, giving them a total 16,552 sq feet forming a second lot, which met the new requirement. The case on point for this reasoning is VASSALOTTI v. BOARD OF APPEALS OF SUDBURY, 348 Mass. 658, 204 N.E.2d 924V 965), which held that contiguous undersized lots which fell below the required minimum square footage could be n combined to produce a lawful grandfathered undersized lot. In the instant case, after the 1972 amendment, we suggest the improved lot conformed to meet zoning, and the two vacant lots merged to make one conforming lot. In 1975 we have the passage of the,"Zoning Act"which-further codified the merger requirement. The key question here is did the lots in 1972 become one single lot, or as we would contend, two separate lots as a result of that change. We would suggest that two lots were in fact formed as a result of keeping lot 17 Morrissey as its own lot and combining 18 Morrissey and 269 Gosnold into a second lot. In 1976, Mr. &Mrs. Germani separated the lots into the following ownership: • 17 Morrissey Road—Owned by Umberto & Giosina Germani • 18 Morrissey Road—Owned by Giosina& Marc Germani • 269 Gosnold Street—Owned by Claude &Umberto Germani In 1985, the zoning was once again changed to one acre minimum lot size; however the lots were in separate ownership and did not merge. I i Please let me know if my office can provide you with any additional information for you to generate your opinion and recommendation. Very truly yours, Michael D. Ford, Esq. i CC: Clients f1 1 Y} MICHAELD. FORD „ ` `' ''k` +': SL ATTORNEY AT LAW 72 MAIN STREET, P.O. BOX 485 WEST HARWICH, MA 02671 TEL. (508)430-1900 FAX (508)430-9979 EMAIL:mdfesg1@verizon.net Town of Barnstable Date: 3/24/09 Thomas Perry/Building Inspector 200 Main Street Hyannis, MA 02601 RE: 17, 18 Morrissey Road and 269 Gosnold Street, Hyannis, MA Dear Mr. Perry: We have been asked by the owners of 17, 18 Morrissey Road and 269 Gosnold Street, Hyannis, MA, to represent them with the following matter: All three lots have been separated since they-were subdivided in 1968 and continue to be assessed and taxed on an individual basis. • The first lot is 17 Morrissey Road. This lot has a total square footage of 13,068 square feet and is improved with a residential family dwelling constructed in 1920. It is located on Map 306 Parcel 222. The town assessment for this lot is $501,300, with an annual property tax of,$4,164.50. • The second lot is 18 Morrissey Road. This lot has a total square footage of 8,712 square feet. It is located on Map 306 Parcel 223. The town assessment for this lot is $346,300, with an annual property tax of$2,876.85. • The third lot is 269 Gosnold Street. This lot has a total square footage of 7,840 square feet. It is located on Map 306 Parcel 224. The town assessment of this lot is $266,200, with an annual tax of$2,211.44. (See Assessors Map attached) While these lots themselves do not meet the current zoning requirements under the minimum lot size,we feel that at least two of the lots are still buildable as preexisting nonconforming lots based on the zoning and property history which depicts the following set forth in our timeline. ^F Zoning and Property Historical Timeline The three lots were created through a subdivision plan in 1968.. At the time the zoning had a minimum square footage of 7,500 for lot size and 75 feet of frontage. Therefore, all.three lots conformed to the zoning requirements. The first zoning change came in 1972, at which time the minimum lot size was changed to 10,000 sq feet and the frontage was changed to 20 feet. 17 Morrissey Road was still in excess of the minimum with a total sq footage of 13,068 square feet with a residential dwelling. 18 Morrissey Road with a total square footage of 8,712 & 269 Gosnold with a total square footage of 7,840 no longer met the required minimum. Arguably, if the lots are in common ownership at the time of the zoning change, then they will be merged as a result. At the time of this change, all three lots were owned by Umberto and Giosina Germam, who are husband and wife. It is our contention that 17 Morrissey would remain as an unmerged separate lot, still being in excess of the minimum requirement of 10,000 square feet, although 18 Morrissey and 269 Gosnold may have merged, giving them a'total 16,552 sq feet forming a second lot, which met the new requirement. The case on point for this reasoning is VASSALOTTI v. BOARD OF APPEALS OF SUDBURY,, 348 Mass. 658, 204 N.E.2d 924 (1965), which held that contiguous undersized lots which fell below the required minimum square footage could be combined to produce a lawful grandfathered undersized lot. In the instant case, after the 1972 amendment, we suggest the improved lot conformed to meet zoning, and the two vacant lots merged to make one conforming lot. In 1975 we have the passage of the "Zoning Act" which further codified the merger requirement. The key question here is did the lots in 1972 become one single lot, or as we would contend, two separate lots as a result of that change. We would suggest that two lots were in fact formed as a result of keeping lot 17 Morrissey as its own lot and combining 18 Morrissey and 269 Gosnold into a second lot. In 1976, Mr. & Mrs. Germani separated the lots into the following ownership: • 17 Morrissey Road—Owned by Umberto & Giosina Germani • 18 Morrissey Road—Owned by Giosina& Marc Germani • 269 Gosnold Street—Owned by Claude & Umberto Germani In 1985, the zoning was once again changed to one acre minimum lot size; however the lots were in separate ownership and did not merge. Please let me know if my office can provide you with any additional information for you to generate your opinion and recommendation. Very truly yours, Michael D. Ford, Esq. CC: Clients L _ 4 3a6n�6001 #349 306109002 #33 8 306113 306112 #26 8 3Q6111 #268. 306044 #278 #363 306110 #28 4 3a6G43 � , #377 Lz_ 306175 3QBQ31 N 281 # :85 306182. 3a6223 oplD #388 u� $t�s+i A. 396242 c 306221 #395 #21 eF 1 3d6 f 306183001 3061831102 306029 4,400 #408, #27a 306.174QQ4 . .,m 306174003 a 306186001 #37 306021 #61 #266 oFt�ram, The Town of Barnstable BMWSTABM 9c� "M. ���' Department of Health Safety and Environmental Services A,E16.39. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 . Building Commissioner October 9, 1998 Patricia and Gene Rufo P O Box 2103 Mashpee,MA 02649 Re: 7& 18 Morrissey Road,Hyannis,MA V269 Gosnold Street,Hyannis,MA Dear Mr. and Ms Rufo: In answer to your questions regarding 17 and 18 Morrisey Road and 269 Gosnold Street,I have the following information: 1. The subdivision was approved in 1968. 2. Zoning in this area changed from 7500 square feet to 10,000 square feet in 1972. 3. The protection"freeze"ended in 1975(7 years). 4. the Germani's purchased the properties in 1979. i You will have to forward deed information from 1975 to 1979 before we can make a determination. Sincerely, Ralph M. Crossen Building Commissioner RMC/km I g981.009a + i ., cU� ' � Q �. � Q � � � �.lJ (�V �- � � ,r b�rnstable Assessing Search Results Page 1 of 2 ° m 49'�� s �/ ... Home: Departments:Assessors Division: Property Assessment Search Results 269 GOSNOLD STREET 2003 Owner Information: J41d ah h lS Owner Name Property Sketch Legend GERMANI, CLAUDE No sketch is available for this pa Map/Parcel/Parcel Extension 306 /224/ Mailing Address GERMANI,CLAUDE UMBERTO GERMANI 47 WALNUT PLACE NEWTONVILLE, MA.02160 2004 Owner Information (as of January 1,2003) Owner Name GERMANI,CLAUDE Address 269 GOSNOLD STREET 2004 Total Assessed Value $ 115,000 2003 Assessed Values: Appraised Value Assessed Value Building Value: $0 $0 Extra Features: $0 $0 Outbuildings: $0 $0 Land Value: $ 106,900 $ 106,900 Interactive Property Ma ap requires Plug....in: Totals:$ 106,900 $ 106,900 1 have visited the maps Fi xM before Show Me The Map April 2001 photos available Sales History: Owner: Sale Date Book/Page: Sale Price: GERMANI, CLAUDE C775770 $0 2003 Tax Information: Tax Rates: (per$1,000 of valuation) Town Tax $ 1,004.86 Town Fire District Rates Other Rates 9.40 Barnstable 2.88 Land Bank 3%of Town Tax Hyannis FD Tax $308.94 C.O.M.M. 1.54 http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing/... 8/25/2003 rnstable Assessing Search Results Page 2 of 2 Cotuit 1.88 Land Bank Tax $30.15 Hyannis 2.89 West Barnstable 1.96 Total: $ 1,343.95 Due to rounding differences these values may vary Land and Building Information Land Building Lot Size(Acres) 0.18 Year Built 0 Appraised Value$ 106,900 Living Area 0 Assessed Value $ 106,900 Replacement Cost$0 Depreciation 0 Building Value 0 Construction Details Style Vacant Land Interior Floors Model Vacant Interior Walls Grade Heat Fuel Stories Heat Type Exterior Walls AC Type Roof Structure Bedrooms Roof Cover Bathrooms Total Rooms Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area(Unfinished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing/... 8/25/2003 c 3061.11 4,178 306044 O Q1.� ; f a 30617( G ` 3 #225 Y )6042X 1 306043 Q ; #22„� -- - 3#269406175` — — t 7 306179`n ji #�� � t `t 306031' 36248rzr ##385 306182 i 306223t "RFZISSE F s# i 306221 t i 1 306176 t # �� 306222 .1 V- � S s LAW OFFICES ROUGEAU, BUTLER & LARGAY OCT G 5 2001 A PROFESSIONAL ASSOCIATION 407 NORTH STREET _ $. Rq,*pfpqq ARw�o I HYANNIS, MASSACHUSETTS 02601 A- RICHARD N. ROUGEAU (508) 771-4230 FACSIMILE WILLIAM F. BUTLER, III (508) 778-6866 RICHARD P. LARGAY October 25, 2001 HAND DELIVERED Mr. Peter F. DiMatteo, Building Commissioner TOWN OF BARNSTABLE Barnstable Town Offices Main Street Hyannis MA 02601 Re: Request for Determination of Buildability of property at 269.Gosnold`Street Hyifk ,Massachusetts,.,..,.._, Assessor's Map 306, Parcels 223 and 224 Dear Mr. DiMatteo: This office represents Donald McKeag of Falmouth, Massachusetts regarding the proposed purchase of two abutting parcels of land in Hyannis, Massachusetts. The parcels are shown on the Town of Barnstable Tax Assessor's records on Map 306, Parcels 223 and 224. The parcels are Lots 4 and 5 as shown on Land Court Plan #13635F. A copy of the Land Court Plan (marked as Exhibit "A") is enclosed for your review. According to the Town Assessor's records, Lot 4 (Parcel 306/224) contains approximately 7,840 square feet and Lot 5 (306/223) contains approximately 8,700 square feet. The two lots combined would be approximately 16,540 square feet. These two lots of land are located in an RB zoning district. The bulk regulations -fQr that district under the current zoning regulations are as follows: ■ Minimum Area 43,560 square feet ■ Minimum Frontage 20 feet ■ Width 100 feet ■ Setbacks Front: 20 feet Side: 10 feet Rear: 10 feetG - A1 - ,� Mr. Peter F. DiMatteo, October 25, 2001 Page Two. The subdivision of lots as shown on Land Court Plan #13635F was approved by the Town of Barnstable in 1968. At that time, the minimum lot size in the RB zoning district was 7,500 square feet. A copy of a letter from the previous building commissioner which explains the zoning history is enclosed(marked as Exhibit`B"). In 1972, zoning in this area changed from 7,500 square feet to 10,000 square feet. At the time of the zoning change, Lots 4, 5 and 6 (Parcel 306/222) were owned by Umberto Germani and Giosina Germani as Husband and Wife. They continued to own all three lots until 1979. Because Lot 6 contains in excess of 13,000 square feet, that lot remained a legally existing separate lot for zoning purposes. However, because Lots 4 and 5 each contained less than the requisite 10,000 square feet, those lots, I believe, were "merged" for zoning purposes. On March 15, 1979, Umberto and Giosina Germani conveyed Lot 4 to Claude Germani and Umberto Germani as Joint Tenants and Lot 5 to Giosina Germani and Marc Germani as Joint Tenants. They continue to hold title to those lots. Mr. McKeag would like to purchase Lots 4 and 5 from the respective owners and use the two lots together (which have already been merged for zoning purposes) as a single lot, to move a house onto the property. That house is currently located on property owned by St. Francis Xavier Church at 341 South Street, Hyannis, Massachusetts as shown on Assessor's Map 308, Parcel 247. The structure is a single family residence with an attached apartment. The issue is whether Lots 4 and 5 are "grandfathered" for building purposes, under the Town of Barnstable Zoning Ordinance and/or Massachusetts General Laws Chapter 40A. In 1972 when the zoning in the area was changed from 7,500 square feet to 10,000 square feet, Lots 4 and 5 were held in common ownership by Umberto Germani and Giosina Germani as Husband and Wife, Tenants by the Entirety, under Certificate of Title#64372. As noted above, on March 15, 1979, Lot 4 was deeded to Claude Germani and Umberto Germani as Joint Tenants (Certificate of Title #77577) and Lot 5 was deeded to Giosina Germani and Marc Germani as Joint Tenants (Certificate of Title#77578). Mr. Peter F. DiMatteo, October 25, 2001 Page Three. In accordance with the provisions of Massachusetts General Laws Chapter 40A, Section 6, because the two lots were held in common ownership at the time of the zoning change, they were "merged" for zoning purposes as a single lot, which then met the minimum lot size requirement of 10,000 square feet. The fact that the lots are now in separate ownership and when conveyed to Mr. McKeag will be in a single ownership,has no effect on the "grandfathering" status of the property, as it is permissible to combine two or more undersized lots to produce one non-conforming "grandfathered" lot. See Burke v. Zoning Board of Appeals of Harwich, 650 NE 2d, 355 (1995) [copy enclosed]. Please note that the property meets the other minimum dimensional requirements as provided under the zoning bylaw for a RB zone in that there is 100 feet of frontage and width on Gosnold Street. There is a sewer connection available from Gosnold Street and the structure, when placed on the lot, will comply with all applicable setback requirements. One additional questions is, that in the event that you determine that Lots 4 and 5 are appropriately grandfathered as a single lot and that Mr. McKeag may place the structure on the property, the existing structure has an apartment. This structure has been located in the RB zone for a number of years, and is simply being relocated to the Gosnold Street property. Would it be permissible to continue the apartment use? I have enclosed for your review the following documents: 1. Exhibit"A": Land Court Plan 13635F; 2. Exhibit`B": Zoning history letter; 3. 4. Exhibit"C": Copy of Burke v. Zoning Board of Appeals of Harwich; 5. 4. Exhibit"D": Copy of Certificate of Title #64372 for Lots 4, 5 and 6 on Land Court Plan #13635F in the name of Umberto Germani and Gionsina Germani; 5. Exhibit"E": Copy of Certificate of Title#77577 for Lot 4 in the name of Claude Germani and Umberto Germani, attached thereto is a copy of the deed into the current owners and applicable Tax Assessor's information; 6. Exhibit"F": Copy of Certificate of Title #77578 for Lot 5 on Land Court Plan #11365-F in the name of Marc Germani and Giosina Germani, attached thereto is a copy of the deed into the current owners and applicable Tax Assessor's information; Mr. Peter F. DiMatteo, October 25, 2001 Page Four. 7. Exhibit"G": Copy of letter from Claude Germani regarding use and ownership of Lot 4; 8. Exhibit"H": Copy of letter from Marc Germani regarding use and ownership of Lot 5; Once you have had an opportunity to review this, please let me know your decision. I am available to meet with you at your convenience. `r ery truly yours, chard P. Largay RPL:srw Enclosures cc: Ruth Weil, Esq. (w/encl) s ;'05/02/2003 07:04 7813313319 RICHARD BURNS R E PAGE 01 LESLIE-ANN MORSE TOWN ON BARN STABLE .Attorney at Law 2P03 MAY _ Hyannis,MA 02601 : P•0:Box 84 Telephone (508) 790-3030 456 Hearse's way April.28, 2003 Thomas Perry ��. S� � • /U Building Commissioner Town of Ba rnstable 367 Main Street a l"1 1 caj 6q • J�YA-N 01 Hyannis, MA 02601 �, .• �� r r � l 1 RE: Assessing Map 306, Lots 222, 223, and 224 Dear Mr. Perry: My client, Richard Burns, has requested an opinion from you relative to the buildability of certain lots in the Town of Barnstable. The property being shown on Barnstable Assessing Map 306 as Lots 222, 223 and 224. The property is also shown as Lots 4,5 and 6 on Land Court Plan 1.3635-F. You have requested that title research be conducted to determine when the Lots co into separate ownership. I have conducted a title search for each of the th rr�e ree lots and all abutting property, I have found the following: Map 306, Lot 224 was conveyed into Claude Germani and Umberto Germani on March 22, 1979 by Land Court Document 249,100 being evidenced by Certificate of Title 77577. Lot 224 has three abutters Lots 175, 1.81 and 223. Map 306, Lot 175 was conveyed in November of 1977 by Land Court Document 227837 to Donald A. Fagin and Lila S. Fagin,Trustees of Gosnold Realty Trust(See Certificate of Title 72284) This property was conveyed by Land Court Document 516326,dated October 26, 1990,to Robert M. Fagin, Steven L. Fagin and Matthew J.Fagin. (See Certificate of Title 121804)The property was then conveyed to Lila S_ Fagin by Land Court Document 634272 on February 32, 1995: Lila S. Fagin by Land Court Document 701599 dated August 11, 1997 conveyed to herself and Donald,A,_Fagin. On August 15 l 1997 the property by Land Court Document 702029 was reconveyed to Lila S. Fagin alone. (See Certificate of Title 145479)On January 19, 2001,Land Court Document 822211 conveyed the property to Robert M. Fagin and Robin E. Fagin. (See Certificate of Title I60431) we o f t .'mM/02/2003 07:04 7813313319 RICHARD BURNS R E PAGE 02 Map 306, Lot 181 was conveyed on December 14, 1971 by a deed recorded in Book 1572, Page 234 to E-M-D Realty Trust. On July 14, 1978, the trust by deed recorded in Book 2747,Page 238 conveyed to Edward P. Callahan and Alice A. Callahan. By deed dated August 1, 1986 and recorded in Book 5226,Page 94,they conveyed to John S. Rittershaus and Kristine J. Thoresen.. They reconveyed to themselves as a married couple by deed dated May 22, 1992 and recorded in Book 8034, Page 166. The property was conveyed by deed dated September 18, 2001 and recorded in Book 14242, Page 350 to Craig H. Condinho, Trustee of Daisy Hill Realty Trust. Map 306, Lot 223 was conveyed on March 22, 1979 by Land Court Document 249101 to Marc German and Giosina Germa ni. (See Certificate of Title 77578) Map 306, Lot 223 is abutted by Lots 175, 181, 224, 183-002 and 222. The titles to Lots 175, 181 and 224 have been previously abstracted. Map 306, Lot 183-002 was conveyed to C. Grace Connell and Gertrude A. Burgess by deed dated July 17, 1973 and recorded in Book 1900, Page 258. The property was then conveyed by deed dated October 10, 1978 and recorded in Book 2799, Page 140 to William Warburton and Artemis D. Warburton. This Lot was conveyed to Artemis D. Warburton, Trustee of DJW Realty Trust by deed dated December 12, 1989 and recorded in Book 6986,Page 164. The Trust conveyed the property to Lev I. Lipkin and Yelena Lipkin by deed dated July 25, 2002 and recorded in Book 15403, Page 37. Map 306,Lot 222 was conveyed on March 22, 1979 by Land Court Document 249102 to Giosina Gennani and Umberto Germani Trustees of U& G Germani Family'.Trust. (See Certificate of Title 77579) Map 306,Lot 222 is abutted by Lots 174-003, 174-004, 183-001, 183-002, 221 and 223. Lots 183-002 and 223 have been previously abstracted. Map 306, Lot 174-003 was conveyed to Benjamin Kepnes and Ruth Kepnes by deed dated April 1, 1958 and recorded in Book 1000,Page 200. The Lot was conveyed to John H. Milne by deed dated September 4, 1984 and recorded in Book 42.36,Page 155, John H. Milne conveyed to Anni Milne by deed dated February 26, 1985 and recorded in Book 4433,Page 86. She conveyed to Paul Nikodemos, Catherine Nikodemos, Stephen Squillante and Patricia Scluillante by deed dated May 1,2985 and recorded in Book 4512, Page 217, The Squillantes conveyed their interest to the Nikodemos by deed dated February 25, 1994 and recorded in Book 9068, Page 29. The property was conveyed by deed dated March 16, 2001 and recorded in Book 13640, Page 52 to Richard Bums, Map 306,Lot 174-004 was conveyed to Benjamin Kepnes and Ruth Kepnes by deed dated April 1, 1958 and recorded in Book 1000, Page 200. The Lot was conveyed to John H. Milne by deed dated September 4, 1984 and recorded in Book 4236, Page 155. John H. Milne conveyed to Alan G. Fletcher and Patricia A. Fletcher by deed dated February e t3 ..Y02/2003 07:04 7813313319 RICHARD BURNS R E PAGE 03 28, 1985 and recorded in Book.4432,Page 344. They conveyed to Angelo Nappa and Carol Nappa by deed dated December 12, 1986 and recorded in Book 5461,Page 70. Map 306, Lot 183-001 was conveyed to C. Grace Connell and Gertrude A. Burgess by deed dated July 17, 1973 and recorded in Book 1900, Page 258. The property was then conveyed by deed dated October 10, 1978 and recorded in Book 2799,page 140 to William Warburton and Artemis D. Warburton. The Lot was conveyed to Artemis D. Warburton,Trustee of.Artemis D. Warburton Revocable Trust by deed dated July 9, 1994 and recorded in Book 9278,Page 336,The Trust conveyed to Michael J. Holyoak and Denise M. Holyoak by deed dated June 7,2002 and recorded in Book 15240,Page 147. Map 306, Lot 221 was conveyed in November of 1969 by Land Court Document 134751 to Anthony A. Defazio and Jirina T.Defazio. (See Certificate of Title 47260)They conveyed by Land Court Document 531414 on July 17, 1991 to Frank Albert Defazio, Anthony Joseph Defazio and Jirine T. Defazio. (See Certificate of Title 123907) As is clear from the above title abstracts the three lots in which my client is interested have not been in common ownership with any abutting property since March 22, 1979. 1 would appreciate your issuing an opinion as to whether Lots 222, 223 and 224 on Assessors Map 306 are buildable. If you have any questions please do not hesitate to contact me at 508-790-3030. Yours very truly, Leslie-Ann Morse LAM cc: Richard A.. Burns r LESLIE-ANN MORSE Attorney at Law .Hyannis, MA 02601 P O Box`84', Telephone (508) 790-3030 456 Bearse's°way Fax,(508) 775-0992 April 28, 2003 Thomas Perry Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Assessing Map 306, Lots 222, 223, and 224 Dear Mr. Perry: My client, Richard Burns, has requested an opinion from you relative to the buildability of certain:lots in theTown of Barnstable. The property being shown on Barnstable ._. ,,f. Msessmg Map 306 as Lots 222, 223 and 224. The property is also shown as,Lots-,4, 5 and 6on Land Court Plan 13635 F You have requested that title research be-conductedto determine when the Lots come into separate ownership. I have conducted a title.search for each of the three lots and all abutting property. I have found the following: Map 306, Lot 224 was conveyed into Claude Germani and Umberto Germani on March 22, 1979 by Land Court Document 249,100 being evidenced by Certificate of Title 77577. Lot 224 has three abutters Lots 175, 181 and 223. Map 306, Lot 175 was conveyed in November of 1977 by Land Court Document 227837 to Donald A. Fagin and Lila S. Fagin, Trustees of Gosnold Realty Trust (See Certificate of Title 72284) This property was conveyed by Land Court Document 516326, dated October 26, 1990, to Robert M. Fagin, Steven L. Fagin and Matthew J. Fagin. (See Certificate of Title 121804) The property was then conveyed to Lila S. Fagin by Land Court Document 634272 on February 32, 1995. Lila S.,Fagin by Land Court Document 701599 dated August 11, 1997 conveyed to herself and Donald A. Fagin. On August 15, 1997 the property by Land Court Document 702029 was reconveyed to Lila S. Fagin alone. (See Certificate of Title 145479) On January 19,2001, Land Court Document 822211 conveyed the property to Robert M. Fagin and Robin E. Fagin. (See Certificate of Title 160431) I Map 306, Lot 181 was conveyed on December 14, 1971 by a deed recorded in Book 1572, Page 234 to E-M-D Realty Trust. On July 14, 1978, the trust by deed recorded in Book 2747,Page 238 conveyed to Edward P. Callahan and Alice A. Callahan. By deed dated August 1, 1986 and recorded in Book 5226, Page 94, they conveyed to John S. Rittershaus and Kristine J. Thoresen. They reconveyed to themselves as a married couple by deed dated May 22, 1992 and recorded in Book 8034, Page 166. The property was conveyed by deed dated September 18, 2001 and recorded in Book 14242,Page 350 to Craig H. Condinho, Trustee of Daisy Hill Realty Trust. Map 306, Lot 223 was conveyed on March 22, 1979 by Land Court Document 249101 to Marc Germani and Giosina German. (See Certificate of Title 77578) Map 306, Lot 223 is abutted by Lots 175, 181, 224, 183-002 and 222. The titles to Lots 175, 181 and 224 have been previously abstracted. Map 306, Lot 183-002 was conveyed to C. Grace Connell and Gertrude A. Burgess by deed dated July 17, 1973 and recorded in Book 1900, Page 258. The property was then conveyed by deed dated October 10, 1978 and recorded in Book 2799, Page 140 to William Warburton and Artemis D. Warburton. This Lot was conveyed to Artemis D. Warburton, Trustee of DJW Realty Trust by deed dated December 12, 1989 and recorded in Book 6986, Page 164. The Trust conveyed the property to Lev I. Lipkin and Yelena Lipkin by deed dated July 25, 2002 and recorded in Book 15403, Page 37. Map 306, Lot 222 was conveyed on March 22, 1979 by Land Court Document 249102 to Giosina Germani and Umberto German Trustees of U & G German Family Trust. (See Certificate of Title 77579) Map 306, Lot 222 is abutted by Lots 174-003, 174-004, 183-001, 183-002, 221 and 223. Lots 183-002 and 223 have been previously abstracted. Map 306, Lot 174-003 was conveyed to Benjamin Kepnes and Ruth Kepnes by deed dated April 1, 1958 and recorded in Book 1000, Page 200. The Lot was conveyed to John H. Milne by deed dated September 4, 1984 and recorded in Book 4236, Page 155. John H. Milne conveyed to Anni Milne by deed dated February 26, 1985 and recorded in Book 4433, Page 86. She conveyed to Paul Nikodemos, Catherine Nikodemos, Stephen Squillante and Patricia Squillante by deed dated May 1, 2985 and recorded in Book 4512, Page 217. The Squillantes conveyed their interest to the Nikodemos by deed dated February 25, 1994 and recorded in Book 9068, Page 29. The property was conveyed by deed dated March 16, 2001 and recorded in Book 13640, Page 52 to Richard Burns. Map 306, Lot 174-004 was conveyed to Benjamin Kepnes and Ruth Kepnes by deed dated April 1, 1958 and recorded in Book 1000, Page 200. The Lot was conveyed to John H. Milne by deed dated September 4, 1984 and recorded in Book 4236, Page 155. John H. Milne conveyed to Alan G. Fletcher and Patricia A. Fletcher by deed dated February 28, 1985 and recorded in Book 4432, Page 344. They conveyed to Angelo Nappa and Carol Nappa by deed dated December 12, 1986 and recorded in Book 5461, Page 70. Map 306, Lot 183-001 was conveyed to C. Grace Connell and Gertrude A. Burgess by deed dated July 17, 1973 and recorded in Book 1900, Page 258. The property was then conveyed by deed dated October 10, 1978 and recorded in Book 2799, Page 140 to William Warburton and Artemis D. Warburton. The Lot was conveyed to Artemis D. Warburton, Trustee of Artemis D. Warburton Revocable Trust by deed.dated July 9, 1994 and recorded in Book 9278, Page 336. The Trust conveyed to Michael J. Holyoak and Denise M. Holyoak by deed dated June 7, 2002 and recorded in Book 15240, Page 147. Map 306, Lot 221 was conveyed in November of 1969 by Land Court Document 134751 to Anthony A. Defazio and Jirina T. Defazio. (See Certificate of Title 47260) They conveyed by Land Court Document 531414 on July 17, 1991 to Frank Albert Defazio, Anthony Joseph Defazio and Jirine T. Defazio. (See Certificate of Title 123907) As is clear from the above title abstracts the three lots in which my client is interested have not been in common ownership with any abutting property since March 22, 1979. I would appreciate your issuing an opinion as to whether Lots 222, 223 and 224 on Assessors Map 306 are buildable. If you have any questions please do not hesitate to contact me at 508-790-3030. Yours very truly, Leslie-Ann Morse LAM cc: Richard A. Burns .. EXHIBIT "A" E i S'..1BDTVTSTON FLAN OF LAtn IF BAR,.?STA9LE i Parnstable Sorvey Cons%,1'nrt.s Inc, ' S_:rve- ors e Au u t 7.�6 i o f o� f �o S T REE T GOSNOLD �' _... ��• i , ��` y 76'" ...sue ' J✓- �' , fi l00.00 it o fit. ¢o.o oti i •� 0 4 � i 6i �i o n o ao Q. � - � 99 9�' O �n ♦ h �. A I u t\ W o 30-0O h v S8o2o'Q5" h 5 00 s 800 No c. M O R R/5- Eo �_-RA-c r_ j AA' 300 qu 30:00 37;60 58.00 ;3� R R=IZ.a.00 o. Qz i ` o .30.00.. h �h O 6 , Co 39 7e.03 `( t bh e a/. Afd. Pdr.� �' �- Qo.00 t� Subdivision of Lots Rl and B2 Shown on Plan 13635C Filed with Cert. of Title No. 34.90 Reri stry Dist rict of F,arnst.a,ble County Separate-certificates of title may be issued for land shown herew as.t o -'���',a._6t_7-,192 A-___-- By!the Court. �, i not p/an LAND R£G/STRAT/ON OFFICE I � ®dUM�•/�/969--- - .kale of this plan ." feet to an inch C.M.Anderson,Engineer 16r Court�,C I EXHIBIT "B" The Town of Barnstable aAxivsresL& • 059. 9� ,�� Department of Health Safety and Environmental Services o 61 Building Division 367 Main Street,Hyannis MA 02601 < Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 �,�C� BuiIding Commissioner October 9, 1998 Patricia and Gene Rufo P 0 Box 2103 `U Mashpee,MA 02649 Re: 17& 18 Morrissey Road,Hyannis,MA 269 Gosnold Street, Hyannis,MA rT Dear Mr. and Ms Rufo: In answer to your questions regarding 17 and 18 Morrisey Road and 269 Gosnold Street, I have the following information: 1. The subdivision was approved in 1968. 2. Zoning in this area changed from 7500 square feet to 10,000 square feet in 1972. 3. The protection"freeze"ended in 1975 (7 years). 4. the Germani's purchased the properties in 1979. You will have to forward deed information from 1975 to 1979 before we can make a determination. Sincerely, Ralph M.Crossen Building Commissioner RMC/lan g981009a EXHIBIT 66C99 BURKE v. ZONING BD. OF APPEALS OF HARWICH Mass. 355 Cite as 650 N.E.2d 355 (Mass.App.Ct. 1995) the case remanded to the Superior Court for Zoning and Planning a254 entry of a finding of not guilty on that count Owners of four separate but contiguous only.' lots could not combine lots so as to create multiple lots, each of which were not suffi- So ordered ciently large to meet current zoning require- ' ments, even though each of created lots T would meet minimum size for "grandfather"Y NUMBER SYSTEM status, though it was open to them to com-bine all four lots so as to produce one non- conforming grandfathered lot; their attempt to create two undersized lots ran contrary to principle that landowners may not create di- mensional nonconformity if use of adjoining 38 Mass.App.Ct. 957 land they own can avoid or diminish noncon- ;;John T. BURKE 8, others' formity. M.G.L.A. c. 40A, § 6; Harwich, Mass., Zoning By-law § IV(B)(a). V. ZONING BOARD OF APPEALS William J. Toppi, South Dennis, for the t. OF HARWICH R, others? defendants. ; . Michael J. Princi, Hyannis, for the lain- No. 94—P-20. y p tiffs. Appeals Court of Massachusetts. James M. Falla,Town Counsel,for town of Harwich, submitted a brief. May 19, 1995. , RESCRIPT. In action arising from zoning dispute, Of the four separate but contiguous lots the Superior Court, Gerald F. O'Neill, Jr., J., that comprise the land Joseph R. Toppi and >' . determined that the Zoning Board of Appeals Mary H. Toppi own on a ten-foot wide and l nad acted within its authority in declaring partially six-foot wide extension.of Ginger q. lots unlawful. �' w h Appeals Court, Plum Lane in West Harwich, none contained ' On re ie the ppas much as 5,000 square feet. See sketch #: held that owners of four separate but contig- plan annexed to this opinion, on which the I' uous lots could not combine lots so as to create multiple lots, each of which were not Toppi lots are numbered 31, 32, 33, and 34. There are a single-family dwelling and an sufficiently large to meet current zoning re- s quirements, even though each of created lots accessory building on lot 32. Separately, none oflysthe lots met the mi.umum lot size would meet minimum size for grandfather' criterion (5,000 square feet) for "grandfa- '1 status, though it was open to them to com- bine all four lots so as to produce one non- ther" status under G.L. c. 40A § 6, fourth conformin andfathered lot. par., and § IV(B)(a) of the Harwich zoning _ = g by-law.' The lots were laid out in 1929, and ' Affirmed. the Toppis acquired them by a single deed in 6. As to the convictions placed on file, see note 2, 2. Mary H. Toppi and Joseph R. Toppi. i- 5upra, "the trial judge may choose to sentence the defendants on these indictments." Common- 3. That provision of the Harwich by-law, in perti- f wealth v.Bianco,388 Mass.358,365,446 N.E.2d nent part, reads: "Existing lots lawfully laid out 1041 (1983). by plan or deed which complied at the time of 4. 1, Bernice M. Burke, Francis D. Gibbons, Louise layout with applicable provisions of [z]oning i It A.Gibbons, Irene Radlo,and Marion Reiss. (Be- [b]}'laws, if any, may be built upon for single cause of an earlier, now superseded, zoning family residential purposes provided: (a) [s]aid ;•: board decision against their interests, the abut- lots have fifty(50)feet of frontage and five thou- ter' sand (5,000) square feet of area...... :'.., are the plaintiffs in this case.) 9 {a !py. V 356 Mass. 650 NORTH EASTERN REPORTER, 2d SERIES 1975. At that time, the Harwich by-law pre- ed, create two or more lots, each of which is scribed a minimum lot size of 15,000 square less than the currently prescribed minimum feet for the residential zoning district in lot size. We affirm the judgment, which which the Toppi property is located. Succes- determined that the Harwich zoning board of sive amendments to the Harwich by-law have appeals had acted within its authority in raised the minimum lot size in that district to declaring unlawful the lots that the Toppis 30,000 square feet and then to 40,000 square had attempted to create. feet. Vassalotti v. Board of Appeals of Sudbury, What the Toppis desire to do is to combine 348 Mass. 658, 204 N.E.2d 924 (1965), con- lots 31 and 32 to make a new lot of 8,045 struing analogs of G.L. c. 40A, § 6, and the square feet and to combine lots 33 and 34 to Harwich by-law, held that the combination of make a new lot of 7,646 square feet. Each three contiguous undersized lots that togeth- new lot would, thus,be over the 5,000 square er fell below the then required minimum area foot "grandfathered" minimum. The ques- had produced one lawful—because grandfa- tion that arises for decision is whether an thered—undersized lot. Applying the rea- owner of "adjoining lots," as that phrase is soning of Vassalotti to the instant case, it is defined in Sturges v. Chilmark, 380 Mass. open to the Toppis to combine their four lots 246, 261, 402 N.E.2d 1346 (1980), may com- and to produce one nonconforming grandfa- bine them so as to produce two or more lots thered lot of 15,691 square feet. Their at- that are below current zoning requirements tempt to create two undersized lots, however, but meet the grandfather minimum. To runs contrary to a long line of cases standing some degree, the answer in any particular for the principle that landowners may not case will depend on the zoning by-law (or create dimertionalg6o nonconformity if the ordinance in the case of a city) applicable. use of adjoining land they own can avoid or In the case of Harwich, the by-law estab- diminish the nonconformity. See, e.g., Vet- lishes rules that are much the same as those ter v. Zoning Bd. of Appeal of Attleboro, 330 in G.L. c. 40A, § 6, fourth par., as inserted Mass. 628, 630, 116 N.E.2d 277 (1953); Alley by St.1975, c. 808, § 3, which provides that v. Building Inspector of Danvers, 354 Mass. la]ny increase in area . . . requirements of a 6, 7-8, 234 N.E.2d 879 (1968); Seltzer v. zoning . . . by-law shall not apply to a lot for Board of Appeals of Orleans, 24;Mass.App. single and two-family residential use which at Ct. 521, 522, 510 N.E.2d 309 (1987); Plan- the time of recording . . . was not held in ning Bd. of Norwell v. Serena, 27 Mass.App. common ownership with any adjoining land, Ct. 689, 690, 542 N.E.2d 314 (1989), S.C., 406 conformed to then existing requirements and Mass. 1008, 550 N.E.2d 1390 (1990). had . . . at least five thousand square feet of In view of our position as to the main issue area and fifty feet of frontage." See Ada- in the case, it is not necessary to respond to mowicz v. Ips2vich, 395 Mass. 757, 762, 481 the other points raised by the plaintiffs, who N.E.2d 1368 (1985). A judge of the Superior are abutters of the Toppis. Court ruled correctly that a land owner may not, in the manner the Toppis have attempt- Judgment affirmed. i BURKE v. ZONING BD. OF APPEALS OF HARWICH Mass. 357 I -- Cite as 650 N.E.2d 355 (Mass.APP.Ct. 1995) f 919 SKETCH PLAN i - LLJ L�i �7�; 44 NA � I 45 } :,770 a EJ ,32 un IN 6 47 34 f 451 f` P -OrF BANK boo RETAINING WAL 'i j1. k N A N T U C K 4L. r i » Book 515 Page I GG -� EXHIBIT D .. F.— G•3 Doc. No. 195,687 I r(1lt5fec tC..ertifi1ate of l itle. Ctf. No. 64372 E'.ium Transfer Certificate No 45973 OriginaHY Registered June 30, 1969 in Transfer 64289 April 25, 1975 365 103 Registration Hook 518 I'a,e 49 for the Re,isiry District of Barnstable County. tII)i5 Is tO ter 6 that Umherto Germoni and Giosina Gcrmani , hushand and wife, both of 47 Walnut Place, Newton, Massachusetts 02160, are CANCELLED j'� j'� (� C '�C EL1.aILED the uwner(sl in fee simple. as tenants by the entirety of that certain parcel of land situalr in Barnstable J in the County of Barnstahle and <aid lbmmona-ealth of Nlassachusetts_ hounded and described as follows: Northerly by Gosnold Street, one hundred (100) feet; Easterly by a portion of Lot 8, seventy-six and 96/100 (76.96) feet; Southerly by Lot 5, ninety-nine and 97/100 (99.97) feet; and Westerly by a portion of land now or formerly of the Trustees of Hyannis Beach Association, seventy-seven and 02/100 (77.02) feet. Said ;and is shown as LOT 4 on plan hereinafter mentioned. Easterly by the westerly line of Morrissey Road, seventy-five (75) feet; Southerly by a portion of Lot 6, eighty-cwo and 23/100 (82.23) feet; Westerly by a portion of land now or formerly of the Trustees of Hyannis Beach Association, one hundred six and 09/100 (106.09) feet; Northerly by Lot 4, ninety-nine and 97/100 (99.97) feet; Easterly by a portion of Lot 8, forty-one and 50/100 (41.50) feet; and Southerly by the northerly line of said Morrissey Road, thirty (30) feet. Said land is shown as LOT 5 on said plan. Northerly, Westerly and Northerly by the southerly, easterly and southerly line of Morrissey Road, measuring thirty (30) feet, twenty-two and 50/100 (22.50) feet and thirty-seven and 60/100 (37.60) feet, respectively; Easterly by Lot 7, one hundred two and 26/100 (102.26) feet; Southerly by a portion of land now or formerly of Nathaniel B. H. Parker et al, one hundred fifty-nine and 39/100 (159.39) feet; Westerly by a portion of Bluff Avenue and a portion of land now or formerly of the Trustees of Hyannis Beach Association, ninety (90) feet; and Northerly by Lot 5, eighty-two and 23/100 (82.23) feet. Said land is shown. as LOT 6 on said p;an. All of said boundaries are determined by the Court to be located as shown on subdivision plan 13635-F dated August 1968, drawn by Barnstable Survey Consultants, Inc., Surveyors, and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 237 Page 65 with Certificate of Title No. 30575 and said land is shown thereon as LOTS 4, 5 and 6 together with the FEE in MORRISSEY ROAD as shown on said plan. So much of said land as was conveyed in a deed given by C. C. Esty et al, Trus. to Edward T. Peters dated October 2, 1872 duly recorded Book III Page 201 and by a deed given by Walter A. Tapley et al, Trs. to Emma H. Parker dated December 24, 1908 duly recorded Book 292 Page 239 is subject to the restrictions therein set forth as affected by a deed given by said Tapley et al, Trs. to Nathaniel S. H. Parker dated August 24, 1911 duly recorded Book 307 Page 565, so far as in force and applicable at dated of original decree. 1 L - { So much of said land as is included within the limits of the roads on said plan is subject to the rights of all persons lawfully entitled thereto in and over the same. Said land is subject to the reservation set forth in Document No. 195,364. l And it is further certified that said land is under the operation and provisions of Chapter 133 of the General Laws. and that the title of said Umberto Germani and Giosina Germani to said land is rrgistered under said Chapter. subject. however, to an} of the encumbrances mentioned in Section forty-six of said Chapter. which may be subsisting, and to any p o s s i b le statutory r i g h t s in said land growing out of the debts or settlement of the estate of one Emma H. Bacon, late of Newton in the County of Middlesex, who died on or about October 15, 1933 if claimed and enforced within the time allowed by law applicable to Certificate No. 33996. WITNESS. WILLIAiM I. RANDALL,Esquire,judge of the Land Court.at Barnstable.in said County of Barnstable. the seventh day ul May in the year nineteen hundred and seventy-five at 9 o'clock and 55 minutes. Attest, with the `eel of said Court. Land Court Case No. 1 3 6 3 5 / STL•PHEN WEERES. Assistant Rerordcr. I� MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE 61,372 DATE OF INSTRUMENT " DOCUMEMI' SIGNA•IIIRE OF NUMlI F.K KIND RUNNING IN FAVOR OF TERMS DATE AND TIME ASSISTANT RECORDER DISCHARGE OF REGISTRATION 4/2/74 185,636 Attach_ Hancock Bank 6 Trust- See—Doc.-- 5/2/74 1 :46p.m. ooc..o. 2 4 7u2 4/22/74 -- _ 185,655 Attach. Nat'l`-Shawmut Bk. of Boston See Doc.— — --5/3/74 10:46a.m. R )(30,7 79 P777 n ooc iw._ ,2?4,'7(.9- 3/27/75 195, 127 Attach:-- N.E_Merchants Nat' I _--Bk. See—Doc_—_--- 4/16/75 1 :08p_m_ muQrclss�' E �:R PLAIT::1 ) AIT:�- 5"F $ N1A9 f1�. Doc: 195 636 6— 17-77 —_ —2L4,11)3-.-_—o :_m�_.-D1 1 toy:— PLAN' SEE CTF.NO: �:.J L Z �j_1 S _1 Cl, c-:�-�I�-c-V� LLD 1d_, _PLAN' ( F SEE CIF.Na. •1"7 7 u 3-(.S--I -C -a- 1`+-tl C�y k......�-_�_E... -1 1='7_'� 7,•.o fC�'t� _ ---'Ly s -- - — ll LOT: (I PLAN:( ✓c -� SEE cif.No: 3_ll rj BARNSTABLE C LINTY REGISTRY OF f EEDS A TRUE COPY,r VEST --— — (SEE OVER) ,JOMN P.Mt_AqEt_R6QIS_.TEfi__ r _ j tr4. FORM E.3 EXHIBIT E" lr� i� Doc. No. 249,100 Tran Certificate C..ertif(rate of Title. Ctf. No. 77577 From Transfer Certificate No. 64372 Originally Registered May 7, 1975 in Registration Book 519 Page 12 for the Registry District of Barnstable County. Ti)i5 ig to CerMp that Claude Germani and Umberto Germani, both of 47 Walnut Place, Newton, Middlesex County, Massachusetts 02158, are the ownerts) in fee simple. .as joint tenants of that land situated in Barnstable in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows: Northerly by Gosnold Street, one hundred (100) feet; Easterly by a portion of Lot 8, seventy-six and 96/100 (76.96) feet; Southerly by Lot 5, ninety-nine and 97/100 (99.97) feet; and Westerly by a portion of land now or formerly of the Trustees of Hyannis Beach Association, seventy-seven and 02/100 (77.02) feet. All of said boundaries are determined by the Court to be located as shown on subdivision plan 13635-F dated August 1968, drawn by Barnstable Survey Consultants, Inc., Sur- veyors, and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 237 Page 65 with Certificate of Title No. 30575 and said land is shown thereon as LOT 4. So much of said land as was conveyed in a deed given by C. C. Esty et al, Trus. to Edward T. Peters dated October 2, 1872 duly recorded Book 111 Page 201 and by a deed given by Walter A. Tapley et al, Trs. to Emma H. Parker dated December 24, 1908 duly recorded Book 292 Page 239 is subject to the restrictions therein set forth as affected by a deed given by said Tapley et al, Trs. to Nathaniel B. H. Parker dated August 24, 1911 duly recorded Book 307 Page 565, so far as in force and applicable at date of original decree. So much of said land as is included within the limits of the roads on said plan is subject to the rights of all persons lawfully entitled thereto in and over the same. Said land is subject to the reservation set forth in Document No. 195,364. And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said Claude Germani and Umberto Germani - to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting , and to any possible statutory rights in - said land growing out of the debts or settlement of the estate of one Emma H. Bacon, late of Newton in the County of Middlesex, who died on or about October — 15_,_1.933_ f._cl.aimed_and—e.nf.o.r_c_e��aiYh.in__the_ time_a114sa�.d—b�J.�w a.pglicab-l.e_ to___ ____ Certificate No. 33998. WITNESS.WILLIAM I.RANDALL,Esquire,Judge of the Land Court,at Barnstable,in said County of Barnstable. the twenty-second day of March in the year nineteen hundred and seventy-nine at 2 o'clock and 08 minutes. Attest,with the Seal of said Court, Land Court Case No. 13635 �t` -e- -o STEPHEN WEEKES, Assistant Recorder. DATE OF INSTRUMENT --- � DOCUMENT SIC;Nn7'URE OF NUM7I ER KIND RUNNINU IN FAVOR OF TF.:RMti DATE AND TTME ASSISTANT RECORDER DISCHARGE OF REGISTRATION / ✓ill�'�/)7aSc� a'SC_G � vC_ � _I�- JL 136 s�rozz� P D t Dac s y'6,2/rj ,�- C j��, i i i i I. MA5&AC4USE7TS QUITCLAIM DEED INDIVIUUAL (LONG FORM) Eel i i We, Umberto Germani and Giosina Germani , both :F 7a)A4,V,'TP4,gcr of Newton, Middlesex Counry,M?ssachusetts beingYNmartied, for consideration paid of less than $100,00 grant to Claude Germani and Umberto Germani, as joint tenants, with right of survivorship, both of Newton, Middlesex County, Massachusetts.) ,-/7 wpLUctT V.d-A-CC • with qutirlatin ravrnanls That certain parcel of land situate in Barnstable in the County of Barnstable and said Commonwealth of Massachusetts, bounded and described as follows i Northerly by Gosnold Street, one hundred (100) feet; Easterly by a portion of Lot 8, seventy-six and 96/100 (76.96) feeti Southerly by Lot 5, ninety-nine and 97/100 (99.97) feet] and Westerly by a portion of land now or formerly of the Trustees of Hyannis Beach Association, seventy-seven and 02/100 (77.02) feet. Said land is shown as Lot 4 on plan hereinafter mentioned. All of said boundries are determined by the Court to be located as shown on subdivision plan 13635-F dated August 1968, drawn by Barnstable Survey Consultants, Inc. , Surveyors, and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 237 Page 65 with Certificate of Title No. 30575 andland is shown thereon as Lot 4. So much of said land as was conveyed in a deed given by C.C.Esty et al, Trus. to Edward T. Peters dated October 2, 1872 duly recorded Book Ill i Page 201 and by a deed iven by Walter A . Tapley et al, Trs. to Emma H. Parker dated ^ncember 24, 1908 duly recorded Book 292 Page 239 is subject to the restrictions therein set forth as affected by a deed given by said Tapley et al, Trs. to NathaniFl A.H. Parker dated August 24, 1911 duly recorded Book 307 Page 565, so far as in force and applicable at date of original decree. So much of said land as is included within the limitf, of the roads on said plan is subject to the rights of all persons lawful.Ay entitled thereto in and over the same. Said land is subject to the reservation set forth in Document No. 195,364. And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said Claude Germani and Umberto Germani to said land is registered under said Chapter, subject, however, to any of encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting, and to any possible statutory rights in said land growing out of the debts or settlement of the estate of one Emma H. Bacon, late of Newton the County of Middlesex, who died on or about October 15, 1933 if claimed an enforced within the time allowed by law applicable to Certificate No. 33998. For our Title see Book 519 Page 12, Document No. 195,687, Certificate No. 64172. Consideration being less than $100.00 no revenue stamps are required. i w a. A w � O � n 'C7 n � : n a• � � h 7 D a �1 M cl CL r x-' o-. U o �. I V-1 T J<,.71 f�1 71 m 7O " O 5 �' C7 o Y, A V n f c IN (Please prinf or type) i —�- r �►il1 iam F i Johnston, 251 walnut Street Newtonville , Mass . 02160 -_ 965-52b2 � •r Sur Location : Home : Town Departments : Administrative Services: Assessors Division: More About earch Website <<Back - Forward>> Friday, October 5, 2001 t T`_ Assessors Division- More About Town Departments All Departments Data is based on Fiscal Year 2001 Assessor's database and is provided for information -',Town Council purposes only. -Town Manager >Administrative Services Data presented here will be reflected on the Tax Bills mailed late April, 2001. •Regulatory Services -Community Services 269 GOSNOLD STREET Map .Public Works Map/ Parcel / Parcel Extension: Mailing Address: •Police Department 306/224/ GERMANI, CLAUDE Owner of Record: UMBERTO GERMANI Town Information GERMANI, CLAUDE 47 WALNUT PLACE Property Location: NEWTONVILLE, MA 02160 ,.All Information 269 GOSNOLD STREET Parcel ID: 306224 Agendas Annual Report •Channel 18 Information Employment Fiscal Year 2001 Assessed Values -•FA as Hearing Schedules Appraised Value Assessed Value News/Press Links Building Value: $ 0 $ 0 Operating Budget Extra Features: $ 0 $0 Ordinances Property Assessments Outbuildings: $ 0 $ 0 Regulations Land Value: $ 106,900 $ 106,900 -Town Charter Town Calendar Totals: $ 106,900 $ 106,900 Town Newsletter Receive Town Updates By E-mail Click Here To Join Sales History Owner: Sale Date: Book/Page: Sale Price: Contact Town Hall GERMANI, CLAUDE C775770 $ 0 Town Hall 367 Main Street Hyannis, MA 02601 Phone Land and Building Description 508-8624000 Land Building E-mail Contact Town Hall Lot Size (Acres): Year Built: 0.18 0 Zone: Living Area: RB 0 Appraised Value: Replacement Cost: $ 106,900 $0 Assessed Value: Depreciation: $ 106,900 0 .//www.town.bamstable.ma.us/comeonin/Departments/Administrative_Services/FinanceDivision/AssessotsDivision/AssessotsDB/resultskasplmappar-306224 Page I of -wn of Barnstable WebMap t 3CS,M 1 r= • �i ti r tiMGM , 3M,M Magnifier Zoom in. Zoam.Nt ;)://www.town.bamstable.ma.us/webmap/assessors/TOBWebMapmedres.asp?mappar=306224&parcels=ON&acfon=newmap Page 1 of 1 _ Foam E 3 EXHIBIT "F" i tY sT r Doc. No. 249,101 Transfer Certificate of Title. Ctf. No. 77578 From Transfer Certificate No. 64372 Originally Registered May 7, 1975 in Registration Buuk 519 Page 12 for the Registry District of Barnstable County. GTbj5 i5 to CErtifp that Giosina Germani and Marc Germani, both of 47 Walnut Place, Newton, Middlesex County, Massachusetts, are r the owner(s) in fee simple. as joint tenants, with right of survivorship of that land situated in Barnstable in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows: Easterly by the westerly line of Morrissey Road, seventy-five (75) feet; Southerly by a portion of Lot 6, eighty-two and 23/100 (82.23) feet; Westerly by a portion of land now or formerly of the Trustees of Hyannis Beach Association, one hundred six and 09/100 (106.09) feet; Northerly by Lot 4, ninety-nine and 97/100 (99.97) feet; Easterly by a portion of Lot 8, forty-one and 50/100 (41.50) feet; and Southerly by the northerly line of said Morrissey Road, thirty (30) feet. All of said boundaries are determined by the Court to be located as shown on subdivision plan 13635-F dated August 1968, drawn by Barnstable Survey Consultants, Inc., Sur- veyors, and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 237 Page 65 with Certificate of Title No. 30575 and said land is shown thereon as LOT 5 together with the Fee in Morrissey Road as shown on said plan. So much of said land as was conveyed in a deed given by C. C. Esty et al, Trus. to Edward T. Peters dated October 2, 1872 duly recorded Book 111 Page 201 and by a deed given by Walter A. Tapley et al, Trs. to Emma H. Parker dated December 24, 1908 duly recorded Book 292 Page 239 is subject to the restrictions therein set forth as affected by a deed given by.said Tapley et al, Trs. to Nathaniel B. H. Parker dated August 24, 1911 duly recorded Book 307 Page 565, so far as in force and applicable at date of original decree. So much of said land as is included within the limits of the roads on said - plan is subject to the rights of all persons lawfully entitled thereto in and over the same. Said land is subject to the reservation set forth in Document No. 195,364. And it is further certified that said land is under the operation and provisions of Chapter 183 of the General Laws, and that the title of said Giosina Germani and Marc Germani to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting , and to any possible statutory rights in ' said land growing out of the debts or settlement of the estate of one Emma H. Bacon, late of Newton in the County of Middlesex, who died on or about October -- 15-_-1-93-3—i-f--"c-la-imed--and_enf-o-r"aed__w_i_th.in__th.e—time -11 o_w_e_d_b_y__Law_applicable.-_t.o. .__ Certificate No. 33998. - WITNESS.WILLIAM I.RANDALL,Esquire.Judge of the Land Court.at Barnstable.in said County of Barnstable: the twenty-second day of March in the year nineteen hundred and seventy-nine at 2 o'clock and 08 minutes. Attest, with the Seal of said Court, ec�� Land Court Case No. 13635 STEPHEN WEEKES, Assistant Recorder. DOCUMENT DATE:OF INSTRUMENT ST N T RECORDER OF 1. NUMBER K[ND RUNNING IN FAVOR OF '1'E ItMti DATE AND TIME ASS15'I'A N'C RECORUE:R DISCHARGE OF REGISTRATION � r �i,7�.S /�'��rnc ,:�o-ur l r �_ tii�l�/GG✓� Oh/�c¢`ee// �. i Hof f /36 35" 6 / 721 �.?IGS/n�{ �£eman `}O/ f- 4e7- �,c 5 4/6,Z/9 CN CIL I i I � I I _ a y e� 'III n� y/ ( 1 (Please print or type) c_-3`= w William F . Johnston, F—S . .^i�'V �tl 251 Walnut Street o Newtonville , Mass. 02160 k, L 065-5262�``" J.. I l MASSACHUSETTS pUITCLA-M DEED INDIVIDUAL ILONO FORM) E62 We, Umberto Germani .and Giosina Germani, both of 1/7 4. A_w-t'r F'.wCe of Newton, Middlesex Couary,Massachusecrs being married, for considcracioa paid of less than $100.00 grant to G i o s ina Germani and Marc Germani, as joint tenants, with right of survivorship, both of Newton, Middlesex County, Massachusetts, Y'741Atvr✓T P,"-'Jr • with quttrlaim rmrrnaitis That certain parcel of land situate in Barnstable in the County of Ban-,stable and said Commonwealth of Massachusetts, bounded and described as follows] EASTERLY by the westerly line of Morrissey Road, seventy-five ( 75) feet; Southerly by a portion of Lot 6, eighty-two and 23/100 ( 82 .23) feet; Westerly by a portion of land now or formerly of the Trustees of Hyannis Beach Association, one hundred six and 09/100 (106.09) feet; Northerly by Lot 4, ninety-nine and 97/100 (09.97) feet] Easterly by a portion of Lot 8, forty-one and 50/100 (41 .50) feet; and Southerly by the northerly line of said Morrissey Road, thirty ( 10) feet. Said land is 4hown as T,ot K on sRid nlsn. All of said boundries are determined by the Court to be locateo es shown on subdivision plan .13635-F dated August 196�, drawn by Barnstable Survey Consultants, Inc. , Surveyors, and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in I,��nd Registration Book 237 Page 65 with Certificate of Title Nc. 10575 anT., and is shown thereon as Lot 5 together with the Fee in Morrissey Road as shown on said Plan. So much of said land as was conveyed in a deed given by C.C. Esty et al, Trus. to Edward T. Peters dated October 2, 18'?2 duly recorded Book ill Page 201 and by a deed iven by Walter A . Tapley et al, Trs . to Emma H. Fai-ker dated December 2�, 1908 duly recorded Book 292 Page 239 is subject to the restrictions therein set forth as affected by a deed given by said Tapley et al, Trs. to Nathaniel B.H. Parker dated August 24, 1911 duly recorded Book 307 Page 565, so far as in force and Applicable at date of original decree. So much of adi d land as is included within the limits of the roads on said plan is subject to the rights of all persons lawfully entitled thereto in and over the same. Said land ;a subject to the reservation set forth in Document No. 195,r 364: And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said Marc Germani and Giosina Germani to said land is registered under said Chapter, subject, however, to any of th encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting, and to any possible statutory rights in said land growing out of the debts or settlement of the ostate of one Emma H. Bacon, .late of Newton in the County of Middlesex, who died on or about October 15, 1933 if claimed and enforced within the time allowed by law applicable to Certificate No. 33998. For our Title Book 519 Page 120 Document No. 195,687, Certificate No. 64372, Consideration being less than $100.00 no revenue stamps are required. �"Indi%idnal—](,int Tenants—Tcnar,ta in l un)mon —Tenantb by the 'n•,r-tr.' i� I r I �ihtretn.... hand f and seal 6 this .. ... day of .. .�� ,r-G ' , . 19-9 12 . k .................................................. ....a��. i .�. ......,�.Cu�...< . �I�r QlIImntnnwealLEl of i�A�aa�Yrhtturt2y 19 79 Then personally appeared the above named F'e Y PPe t��-e.<•Z�7 41 and acknowledged the foregoing instnunent to Ix free act and deed, before me No it— My C()MM;.UiOn Expire, F RINSTA,BLE COUiNTY EGI�� 'r0,=DScDS T} PN �;,t'fvST l.r .Fk •f F� TF 1 --'-- wn of Bamsts)le Assessors Division 4 vs = .. �. .._ .. Cl Ali"filG��'��✓" �" �`i �tLE �d� '.'�+�t� ` ' . �-: -)ur Location : Home : Town Departments : Administrative Services: Assessors Division: More About 3arch Website <<Back - Forward>> Friday, October 5, 2001 -'' Assessors Division- More About Town Departments pAll Departments Data is based on Fiscal Year 2001 Assessor's database and is provided for information Town Council purposes only. Town Manager Administrative Services Data presented here will be reflected on the Tax Bills mailed late April, 2001. Regulatory Services -Community Services 18 MORRISSEY ROAD Map Public Works Map/Parcel / Parcel Extension: Mailing Address: Police Department 306/223/ GERMANI, GIOSINA Owner of Record: MARC GERMANI 41 Town Information GERMANI, GIOSINA 47 WALNUT PLACE Property Location: NEWTONVILLE, MA 02160 All Information 18 MORRISSEY ROAD Parcel ID: 306223 Agendas -Annual Report Channel 18 Information Employment Fiscal Year 2001 AssessedValues FA as Appraised Value Assessed Value Hearing Schedules News/Press Links Building Value: $ 0 $ 0 Operating Budget Extra Features: $ 0 $ 0 Ordinances Property Assessments Outbuildings: $ 0 $ 0 Regulations Land Value: $ 108,000 $ 108,000 Town Charter Town Calendar Totals: $ 108,000 $ 108,000 Town Newsletter Receive Town Updates By E-mail Click Here To Join Sales History Owner: Sale Date: Book/Page: Sale Price: Contact Town Hall GERMANI, GIOSINA C775780 $0 Town Hall 367 Main Street Hyannis, MA 02601 Phone Land and Building Description 508-862-4000 Land Building E-mail Contact Town Hall Lot Size (Acres): Year Built: 0.2 0 Zone: Living Area: RB 0 Appraised Value: Replacement Cost: $ 108,000 $0 Assessed Value: Depreciation: $ 108,000 0 ://www.town.barnstable.ma.us/comeonin/Departments/Administrative_Services/FinanceDivision/AssessorsDivision/AssessorsDBIresultsk.asp?mappar=306223 Page 1 of 2 wn of Barnstable Assessors Division 1015101 9:00 A Building Value: $ 0 Construction Details Style: Interior Walls: Vacant Land Model: Vacant Interior Floors: Grade: Stories: Heat Fuel Exterior Walls Heat Type: Roof Structure: AC Type: Roof Cover: Bedrooms: Bathrooms: Total Rooms: Outbuildings & Extra Features Code Description Units/SQ FT Appraised Value Assessed Value No records returned. Building Sketch No sketch is available for this parcel -,_.,j Back - Forward Home I Departments I Town Information I Contact Town Hall Website Developed and Maintained internally by the Town of Barnstable Information Systems Department Town Hall-367 Main Street- Hyannis, MA- 02601 -508-8624000 DISCLAIMER: Although we strive to provide accurate information,we are only human. Please consult directly with the appropriate department if there is a question of accuracy. Copyright 2001©Town of Barnstable. All Rights Reserved. :z//www.town.bamstable.ma.usicomeoninIDepartments/Administrative_Services/FinanceDivision/AssessorsDivision/AssessorsDB/resultsk.asp?mappar=306223 Page 2 of 2 • . 7 f Q. g : �T7 I� ti J?.DAD W a 0 a o a EXHIBIT "G" October 14, 2001 Building Commission Town of Barnstable 367 Main Street Hyannis, Massachusetts 02601 Dear Sir: This letter is in reference to property that I own in Hyannis, Massachusetts. According to my tax records the property is described as follows: Gosnold Street, Hyannis, Ma. Map 306, Parcel 224 AKA Lot #4 Landcourt Title: LC 77577 In March, 1979, I purchased Lot #4,from my parents, Umberto and Giosino Germani. My purpose for purchasing the lot was to have a home of my own on that parcel for me and my family. During the ownership of the land I have gone through a divorce so; therefore, I never applied for a building permit to build a home. During the time of my ownership I paid the property taxes the first three years of ownership and. following that time and after the divorce my family helped me in covering the tax liability. Since the land belongs solely to me I have the option of either hopefully biulding a home in the future or selling the parcel. I have owned the property for over 22 years. Sincerely, Claude Germani �Zffu1i �U Robert J. Morta,®01 NOTARY PUBUC kiUrin lnnexTu65Va.20,M, f E EXHIBIT "H" October 12, 2001 TO: To Whom It May Concern (Building Commissioner, Town of Barstable, Hyannis, Massachusetts 02601) FROM: Marc Germani, 110 Washington Park #7, Newtonville, Massachusetts 02460 RE: Property located on Morrissey Road, Hyannis, Massachusetts Further described as Lot #5, Map 306, Parcel 223 and recorded with the Barnstable Registry of Deeds in Landcourt under LC13635-F Note: The above described parcel of land wqs transferred to my ownership on March 15, 1979 as idendified under the Landcourt Certificate #77578. . The purpose of the transfer was for me as the owner to have sole discretion to use the the property in any manner I chose: I have had the option of either building my own home on the parcel or retaining the parcel as a vacant lot to sell if I chose to do so. At this time I have not built a home on the parcel and have; therefore, retained under 'my ownership the parcel as a vacant piece of land. I personally have been paying the property taxes on the land since April, 1980. Most of the cancelled .checks showing proof .that I have paid the taxes on Lot #5 have been retained by me over the years and copies of those cancelled checks are supplied along with this letter. For further reference you may contact me at the above address. S�in/cerely, Marc Germani fill 4 rt J. mortarelll NOTARY PUBUC �v�'�CGi�I'••^:a5':'�(1P,%;:;TESL°-flf�, . OF TFIE The Town of Barnstable snierrsrns�, • 9� 16.39. `0�' Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner October 9, 1998 Patricia and Gene Rufo P0 Box 2103 Mashpee,MA 02649 Re: 17& 18 Morrissey Road,Hyannis,MA ,269 Gosnold Street,Hyannis,MA Dear Mr. and Ms Rufo: In answer to your questions regarding 17 and 18 Morrisey Road and 269 Gosnold Street,I have the following information: 1. The subdivision was approved in 1968. 2. Zoning in this area changed from 7500 square feet to 10,000 square feet in 1972. 3. The protection"freeze"ended in 1975(7 years). 4. the Germani's purchased the properties in 1979. You will have to forward deed information from 1975 to 1979 before we can make a determination. Sincerely, Ralph M.Crossen Building Commissioner RMC/km g981009a I I ; I 1 I I i �INN l � � i � � I � � � d � � � , , i � � � � 4 II � I � I � � � � I I { f i 4 I � � r f � � � I r I � � I � i � ' � � { f i � � � i � � I � � r � i � � t � , � i � F � � � r i , � ' E , I , i � � � . � � � � � I � � � � � i � i f � y � � � ! � � � I � � I � r � _ � r t � I � � i � , i � � + � { i � � r � r , r I � � I i +I � i � � �� I � i i � � i � i ! � � � j � � I � � � ( � r ► � � a � � r � , � � t �. ( � � � � , � � + P � r � � i I i" � � ! � � r i � � � � i i ,� i i � � j � f i � i j i r j I t , I � 0 0.33 AC 2 75 C _ 259 0.24 AC 249 0.26 AC �` " - - 0.24 A #15 181 - — '. - 0.20Ac � � ' - " " - 17.9 22. - I� � , _ -#-14 �- #18 1�1 . 3A - " - 0.18 AC 5 - - - -�J 21 0. 3AC 0&2b - - - 0.30 AC _ - - - - - - 222 - #408 o:/gis/newbase/base306.dgn Jan. 17, 1997 08:41:50 i � 'i � ' i � r �� � r � I � � � � � � � �I � I � f � ' � � � ' z � �' � � h � � � �� i � � � � f j , i � •� i I t f Doc. No. 634,272 Ctf. No. 136456 TRANSFER CERTIFICATE OF TITLE From Certificate No. 121804, Originally Registered October 26,1990 in the Registry District of Barnstable County. THIS IS TO CERTIFY that LILA S FAGIN, of 5270 Gulf of Mexico Drive, Unit 508, Longboat Key, Florida 34228, the owner(s) in fee simple, of that land situated in BARNSTABLE in the county of Barnstable and the Commonwealth of Massachusetts, described as follows: LOT 8 PLAN 13635-F So much of said land as was conveyed in a deed given by C. C. Esty et al, Trustees to Edward T. Peters, dated October 2, 1872 duly recorded in Book 111 Page 201 and by a deed given by Walter A. Tapley et al, Trustees to Emma H. Parker, dated December 24, 1908 duly recorded in Book 292 Page 239 is subject to the restrictions therein set forth as affected by a deed given by said Tapley et al, Trustees to Nathaniel B. H. Parker, dated August 24, 1911 duly recorded in Book 307 Page 565, so far as in force and applicable at date of original decree. And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said owner(s) to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting; and to any possible statutory rights in said land growing out of the debts or settlement of the estate of one Emma H. Bacon, late of Newton, in the County of Middlesex, who died on or about October 15, 1933, if claimed and enforced within the time allowed by law applicable to Certificate of Title No. 33998. WITNESS ROBERT V. CAUCHON, Chief Justice of the Land Court at Barnstable, in said County of Barnstable, the twenty-first day of February in the year nineteen hundred and ninety-five at 2 o'clock and 20 minutes Attest, with the Seal of said Court, JOHN F. MEADE, Assistant Recorder. Land Court Case No. 13635 MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE Ctf:136456 634,21 DATE. OF INSTRUMENT DOCUMENT DATE AND TIME NUMBER KIND RUNNING IN FAVOR OF TERMS OF REGISTRATION DISCHARGE 6,436 N SEE DECREE 07-22-1932 1 07-23-1932 9:20 59,575 TK TOWN OF BARNSTABLE HARBOR RD WARREN & CARL AVES 03-18-1959 1 04-15-1959 11:50 341,967 M UNION WARREN SAVINGS BANK 8 13635-F 08-03-1984 667,573 1 1 $125, 000.00 08-07-1984 10:27 415,815 M HERBERT CARVER (AS TR) LOT 8 PL 13635-F 12-22-1986 708,070 1 1 $135,000.00 12-26-1986 12:44 452,785 TK TOWN OF BARNSTABLE MORRISSEY ROAD 02-18-1988 1 03-09-1988 2:01 473,582 M HERBERT CARVER (AS TR) 8 13635-F 12-05-1988 708,040 1 1 $135,000.00 12-05-1988 10:54 537,012 ES ROBERT M FAGIN (&O) 13 17172-C 10-17-1991 1 10-22-1991 9:19 546,219 BT TOWN OF BARNSTABLE VARI LOTS VARI PLANS 02-28-1992 1 03-02-1992 2:39 564,976 M HERBERT CARVER (AS TR) 8 13635-F 06-25-1992 707,913 1 1 $135,000.00 10-15-1992 11:53 661,154 M HERBERT CARVER (AS TR) 8 13635-F 03-19-1996 708, 039 1 1 $225,000.00 03-22-1996 1:13 662,815 C/ML SEE DOC 02-20-1996 1 04-10-1996 12:17 MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE ' Ctf:136456 634,2, DATE OF INSTRUMENT DOCUMENT DATE AND TIME NUMBER KIND RUNNING IN FAVOR OF TERMS OF REGISTRATION DISCHARGE 667,573 D 341,967 001 05-06-1996 1 06-05-1996 12:40 701,599 DD DONALD A FAGAIN (&O) 136456 8 13635-F 08 05-1A'"WSTABL"ISTQE_COUNTY Y' JF_.M ATTEST DEEDS 1 $1.00 08 11-11 JONN f=.MEADE,REGISTER �j (o } 1- Book 1015 Page 67 t -� �I P�!✓ Doc. No. 531,414 ` Ctf. No. 123907 TRANSFER CERTIFICATE OF TITLE From Transfer Certificate No. 47260 Originally Registered November 19, 1969, in Registration Book 376 Page 60 for the Registry District of Barnstable County. THIS IS TO CERTIFY that Frank Albert DeFazio, Anthony Joseph DeFazio and Jirina T. DeFazio, of 21 Harbor Road, Hyannis, Massachusetts 02601, are the owner(s) in fee simple said Jirina of a Life Estate and said Frank and Anthony of the remainder in fee of that land situated in Barnstable in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows: LOT 7 PLAN 13635-F So much of said land as was conveyed in a deed given by C. C. Esty et al, Trs. to Edward T. Peters, dated October 2, 1872 duly recorded in Book 111 Page 201 and by a deed given by Walter A. Tapley et al Trs. to Emma H. Parker, dated December 24, 1908 duly recorded in Book 292 Page 239, is subject to the re- strictions therein set forth as affected by a deed given by said Tapley et al, Trs. to Nathaniel B. H. Parker, dated August 24, 1911 duly recorded in Book 307 Page 565, so far as in force and applicable at date of original decree. Said land is subject to a Taking of Harbor Road by the Town of Barnstable, dated March 18, 1959 being Document No. 59,575. 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 Frank Albert DeFazio, Anthony Joseph DeFazio and Jirina T. DeFazio 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, and to any possible statutory rights in said land growing out of the debts or settlement of the estate of one Emma H. Bacon, late of Newton in the County of Middlesex, who died on or about October 15, 1933, if claimed and enforced within the time allowed by law applicable to Certificate No. 33998. WITNESS, JOHN E. FENTON, JR., Chief Justice of the Land Court, at Barnstable, in said County of Barnstable, the seventeenth day of July in the year nineteen hundred and ninety-one'; at 12 o'clock and 48 minutes. Attest, with the Seal of said Court, �dL JOHN F. MEADE, Assistant Recorder. Land Court Case No. 13635 MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE 123907 DATE OF INSTRUMENT DOCUMENT DATE OF KIND NUMBER RUNNING IN FAVOR OF TERMS DATE AND TIME ASSISTANT RECORDER DLSCHARgE OF REGISTRATION 537,012 Ease., Jirina DeFazio, et ali Rts. over Lot 13, Pl. 10/17/91 eta. 17172-C (Sh. 2) appt. to Lot 7 10/22/91 9:19a.m. P1. 13635-F 6 other Reg. Ld. A as-cjz ,�. BA N"Y RE I TRY OF DE_DS A TRUE COPY,AT EST JOHN F.MADE REGISTER a E_... 9132"! b ' B001(5461P:GE 070 I1_l.. BOOK5461 P!GE 071 -I'-- t Being the same premises conveyed to the grantors herein by deed d of John H. Milne dated February 28. 1985 and recorded in the + Barnstable County Registry of Deeds in Book 4432, Page 344. WE, ALAN G. FLETCHER AND PATRICIA A. FLETCHER I � • t1 of 4 Dunn Avenue, Holyoke, Hampden County,Manaechueett+ f )6xmmadwx1dKxMD( being married, for consideration paid, and in full consideration of Two Hundred Ninety Two Thousand Five Hundred and 00/100 (5292,500.00) Dollars grant to ANGELO NAPPA AND CAROL NAPPA as husband and wife tenants by the entirety j 1j ?; with quUrlaint raurnants 11 f r t t the land in Barnstable (Hyannis) Barnstable County Massachusetts bounded t -- � and described as follows: I, Easterly By Harbor Road, a town way as shown on a plan l hereinafter mentioned 90.00' i Southerly By Lot »3 as shown on said plan 1?0.87' I Westerly 8 Lot 93 as shown on said plan t00.00' i Lpr+jl Y Y P - .;IF.�i:�,i i 1I` Northerly By land now or formerly of Umberto Germani and ,inthony A. Defazio 125' - Meaning and intending to convey Lot 84 as shown on a plan of land entitled "Subdivision Plan of Land in (Hyannis) Barnstable, Mass. prepared for John H. Milne Scale 1' - 30' April 24, 1984, All Cape Engineering, Centerville, :ass." duly recorded in Barnstable County Registry of Deeds in Plan Book 386, Page 88. M For title see aeed.of JOHN H. MILNE to ALAN G. FLETCHER AND PATRICIA A. FLETCHER duly recorded in Barnstable Registry of Deeds in Book 4432, Page 344. Said lane is subject to the following restrictiuns: - II i a. No building shall be constructed on this land until the ;I building plans have first been submitted to and approved by the seller I or their successors or assigns.(Sve back' r43i,F.",L�4) b. No building othor than outbuildings shall be built on the land which have less than 1,600 square. feet of living space, exclusive of i decks and garages. C. This lot shall not be resubdivided. d. This lot shall be used as a single famiLy residential lot and no business shall be conducted from this property. e. The electrified gas' street lights, now located on Lot 14 _ shall remain the property of the seller and shall be maintained there- after by the seller, their successors or assigns and they shall have �5 the right to enter upon the land for the purpose of maintaining and repairing same. i - The above described property is also subject to a right of way at the northeasterly corner of said property, sixteen (16) feet wide and forty (40) feet long, granted to William E. Parker by deed dated - November 27, 1950 recorded in said deeds in book 771, Page 63. .1 14AII -14 .... ... ...... AAA1 t -Z., A&A 4 A;a VA*., WA% c. :op 876ed instrume nt r 18th D 19 86 lay 0 A' `17 `�7 lit L- N G. FLETCHER S3 PATRICIA A. FLETCHER RUN INK ONLY Falmouth 4-14-81 HAMPDENCO as. DeCemberlS, 1986 Then personally appeared the above named ALAN G. FLETCHER AND PATRICIA A. FLETCHER TOWN'CLERK OF &J-MOUT.14,-MASS.' A. and acknowledged the foregoing instrument to be th free a ft and d Z_ Before me, Fr deric R. Bar arm Puuic HAMPDEt Then y.appeared A FLETCHER e foregoing and Fa, .dged h the free t de i. R Aly commission MY commission expires Pau. Iq96 . ..... R DEC 18 86 L R EKED DEC 18 86 8=4432 w 345 =4432 Fou 344 I. JOHN H. MILNE 101S8 �16tes a........�'!rf••...............hsoOsod sear fhb.». „� ...... day eE......��'r�. / d Harbor Road, Barnstable (Hyannis) Barnstable »� 84 Coueq,Mssu� ............. isor `en&_irJ'for :................„......»..».»..........................._.......... d �dasd°°P'id mdmldlo�osideratianofFifty Thousand and 00/100 Dollars SmW to Alan G. Fletcher and Patricia A. Fletcher as husband and wife, """""""""""""'" ........„••••••••..•••.............•.•••. tenants by the entirety ....••L•.. w. snd(�, of 4 Dunn Ave., Holyoke, Massachusetts ............................................................................ vilh gtfCrlafm rortenatms `: ........................................„........... tbebndm Barnstable (Hyannis) Barnstable County Massachusetts bounded and described as follows: W—pb....d art.mta..m,if tlrl -- Easterly By Harbor Road, a town way as shown on a plan hereinafter mentioned 90.00' Southerly By Lot 03 as shown on said plan 130.871 Westerly By Lot Y3 as shown on said plan 100.00, Northerly By land now or formerly of Umberto Germani and Anthony A. Defazio 12S' Meaning and intending to convey Lot 04 as shown on a plan of land entitled "Subdivision Plan of Land in (Hyannis) Barnstable, Mass. prepared for John H. Milne Scale 1" - 30' April 24. 1984, All Cape $(p Engineering, Centerville, Mass.."duly recorded in Barnstable County of Atassa*tfirns Registry of Deeds in Plan Book 396, Page 88. l,g AL Fa 4�.."1 ZP 19 fT ? For title see deed of Ruth Kapnes to John H. Milne duly recorded in Barnstable Registry of Deeds in Book 4236, Page 1SS. Thee pe m"y spp_W the sbwe ounsd j. ' - �ti �•�i�h'C Said land is subject to the following restrictions: a. No building shall be constructed on this land until the building plans have first been submitted to and approved by and 8dwowLed8ed the faegemg lnrtrummt to be 'Lfij 1 the seller or their successors or assigns. d me b. No building other than outbuildings shall be built on 1 the land which have less than 1,600 square feet of living �.... .... ..a ' space, exclusive of decks and garages. &V.-Mo"R 5 —1'"'af°'a" r sp.`. . ie» ie 19PG - c. This lot shall not be resubdivided. S d. This lot shall be used as a single family residential lot 1 and no business shall be conducted from this property. ! . e. The electrified gas street lights, now located on Lot 14 II shall remain the property of the seller and shall be maintained thereafter ey shall have thetrightltorenterluponctheslandoforsthenpurposes and hof maintaining and repairing same. _-CANCELLED I i e.ay a.ed we-_d QrrEa 116 SEC 6 AS AMENDED By CHAprn 197 OF 1969 t r.r uSawa ohm—i-er h...a.d-W d m.m o.r d 1e.(.0 m."d..r..weme 1. P.a de 1d1�t mrdmm_d V_,ffi. dd—.r m.amp ..md&mr.r,�,...Th.f.0...W_,_.h.0�..1ee. °'a.......1 s.-th.�-d m medd.d— m...,.�m�.0 me s h..e.Au..a molar m Wd v.�N.w1W.1 ..h..1 d.d.o..r«.w a.s.o. ' m..wumm.aa..mma eaaams tt. .j a..1„h,a.�,.a to"p^d 6.d.L l.Emm m�.b► mOO _b_b b k,'�g1mm ' �' R�COPIGEO�ezess (rL6did8W—Jaw Teum—Trsrab is Cana.) ___ _- yy �R /1 BOOK 69 S 6 PIGE 164 613312 ! �� BOOK 6986P.GE )I DECLARATION OF TRUST E= r*= DJY1 REALTY TRC I, ARTEMIS D. WARBURTON, of 400 Sea Street, Hyannis, Barnstable County, Massachusetts, 02601, for consideration paid and in full - O/ The undersigned, ARTEMIS WARBURTON consideration of ONE DOLLAR ($1.00), grant to ARTEMIS D. WARBURTON, as Barnstable County, Massachusetts, hereby Trustee of the DJW REALTY TRUST, u/d/t dated December 7 , 1989, and property and interest in property that ma' having a mailing address of 400 Sea Street, Hyannis, Massachusetts, Trust Premises"), shall be held in trust 02601, recorded herewith, the land in Barnstable (Hyannis), Barnstable beneficiaries for the time being hereunder r t County, Massachusetts, more particularly described as follows: forth. The term "Trustee" wherever used : Being shown as Lot 2 on a Plan of Land entitled "Plan of Land or Trustees named herein and such person in the Town of Barnstable (Hyannis), Mass. for Artemis D. Warburton Scale 1" - 20' July 17, 1984 prepared by C. R. Short, Inc., East serving as Trustee or Trustees hereunder, Dennis, Mass." and recorded with the Barnstable County Registry of Deeds in Plan Book 394 , Page //. authority and privileges granted hereunder For grantor's title see Deed recorded with Barnstable-County exercised by such person or persons subje Registry of Deeds in Book 2799, Page 140. WITNESS my hand and seal this 7 f h day of December, 1989. 1. This Trust shall be designate. DJW REALTY TRU. and shall have a principal place of busin ARTEMIS D. WARBURTON Street, Hyannis, Massachusetts. COMMONWEALTH OF MASSACHUSETTS _ 2. The term "Beneficiaries" vher: BARNSTABLE, as. December ] ,;1989 the Beneficiary 0r Beneficiaries listed is Then Personally appeared the above named ARTEMIS D. WARBURTON: Interests this wit:day executed and filed i and acknowledgedy the foregoing instrument to be her�f;ep••g"Lg •`deed, befor e me _.. . revised Schedule Beneficial Interests, ' - ?' of Ben fici 1 executed and filed with the Trustee. The JL ^ teotatjy: affected by any assignment or transfer of My Comrission,, It P` (�f yl��� Ot until receipt by the Trustee of written n< 1 i.' ••, transfer has in fact been made and a revi: Interests shall have been duly executed a: 1 DEC1269nxi, ta i i i Bou 6986FAGE 1650 63313 DECLARATION OF TRUST ESTABLISHING _ A Pai.TY TRUST et, Hyannis, Barnstable paid and in full The undersigned, ARTEMIS WARBURTON, of 400 Sea Street, Hyannis, RTEMIS D. WARBURTON, as Barnstable County, Massachusetts, hereby declares that any and all camber 7 , 1989, and property and interest in property that may be acquired hereunder ("the anis, Massachusetts, Trust Premises"), shall be held in trust for the sole benefit of the a (Hyannis), Barnstable beneficiaries for the time being hereunder, upon the terms herein set bed as follows: forth. The term "Trustee" wherever used herein shall mean the Trustee atitled "Plan of Land or Trustees named herein and such person or persons who hereafter are krtemis D. Warburton Short, Inc., East serving as Trustee or Trustees hereunder, and the rights,.powers, County Registry of authority and privileges granted hereunder to the Trustee shall be Barnstable County exercised by such person or persons subject to the provisions hereof. 1. This Trust shall be designated and known as: i of December, 1989. DJW REALTY TRUST and shall have a principal place of business located at a00 Sea >. WARBURTON Street, Hyannis, Massachusetts. TS 2. The term "Beneficiaries" wherever used herein shall mean December 7 ,;1989 the Beneficiary or Beneficiaries listed in the Schedule of Beneficial ARTEMIS D. WARBURTON: Interests this day executed and filed with the Trustee, or in the her.fre*-,A�V"dn4'deed, ' revised Schedule of Beneficial Interests, if any, from time to time executed and filed with the Trustee._ The Trustee shall not be R' ,tarry, 19G affected by any assignment or transfer of any beneficial interest sioil°. ire • ,.�.., .ip until receipt by the Trustee of written notice that such assignment or ' transfer has in fact been made and a revised Schedule of Beneficial f' Interests shall have been duly executed and filed with the Trustee. 4 I r.,,;2 AMtu!a is G i :I roc►2799 Pitt HO aou2799 ►,tt 141 �t. We, C. GRACE CONNELL of 7 Julio Drive, Shrewsbury, II - I.. Worcester County, and GERTRUDE A. BURGESS of Ocean View Avenue, I COMMONWEALTH OF MASSACIIUSETTS Barnstable (Catuit), Barnstable County, both in the Commonwealth Barnstable, as. � ��V 1978. of Massachusetts, for consideration paid and in full considers- Then personally appeared the above named GERTRUDE A. ties of THIRTY THOUSAND ($30,000.00) DOLLARS grant to WILLIAM I ;BURGESS and acknowledged the foregoing instrument to be her free ' act and deed, befas me WARBURTON, JR. and ARTEHIS D. WAABURTON, husband and wife, as ,i tenants by the entirety and not as tenants in common, both of i J %� !' c�^,•vf'.•,�.,.. No e x;� �:• ;..,' 388 Sea Street, Barnstable (Hyannis), Barnstable Cbunty, Massa- ary b chuaette, with QUITCLAIM COVENANTS, a certain parcel of land 'My commission expires) P wo • with the buildings thereon situate in Barnstable (Hyannis), IBarnstable County, Massachusetts, bounded and described as NN followa� V Beginning at a stake at Northwest corner of land now or formerly of A. L. Bacon on Sea Street; I it II thence running North by Sea Street one hundred and twenty (120) feet to a staka; E` thence running East one hundred and ninety-four and 27/100 (194.27) feet by land now or formerly of Edward H. Fuller to a stake at Southeast corner of land I now or formerly of Isaiah C. Sears) thence South one hundred (100) feet by land now or formerly of A. L. Bacon to a stake; thence running in a Southwesterly direction by @ land now or formerly of A. L. Bacon, one hundred and i''• ninety-nine and 28/100 (199.28) feet to point cf 1 j. beginning. For our title see dood of C. Crace Connell dated July II16, 1973 and recorded in the Barnstable County Registry of Deeds "I I' in Book 1900, Page 258. j WITNESS our hands and seals this % gl_� dal of C ) , 1978. j j0I' I j 1 j -2_ COI :FAI,TH OF 1.1A••r•J40I FTTS - _-.O �. Jr fuMRDED 0 V 1 I 0 IdiD -1` - n34512PAGE 2V 22388 Know All Men by These Presents that I, Anni Milne, v, ;- - Barnstable County. Massachusetts, of Harbor Road, Barnstable (Hyannis) d ($50, in consideration of Fifty Thousan 000.00) Dollars, Paid (South) ;0' June South f nstable _'. Hu5t3"' �� £ AS s grant to Paul iikodemos and Cath ine ;lkodemos 01a HALF I AfCR(s r �ENdwfs n`l �r "figs t y and .At fZGnIAiN9 aMe Nr� Y,.*cKESr ")V Stephen Squillante and Patricia Scuillante r QJfiovD r w4t As TtrAr+ts by Frr1R4' / of 1(, mLD Cot,y Act , gUIae , #Ars wi r< CAey odfit. '. AN D tAc,�, c*chAIG iattRfsr 15 fkNAvts iN Co,•,*+•^ j with quitclaim cuutnanta anni.$), Barnstable County, Massachusetts, boun- ? the land in Barnstable s 1 ded and described as follows; i Road, a 40' wide public way, as shown on a EASTERLY: By Harbor plan hereinafter mentioned, 20' ; shown on said plan, 249.210 ; as SOUTHERLY: By Lot A2, 94.271 ; WESTERLY: By land now or formerly of Coleman C. Seely, f NORTHERLY: By land of Umberto Germani, 112.62' ; EASTERLY: By Lot A4, as shown on said plan, 100.00' ; NORTHERLY: By Lot 04, as shown on said plan, 130.87' ; to convey Lot 03, as shown on a plan of land i meaning and intending annis, Barnstable, Mass. , I entitled "Subdivision Plan of Land in Hy April 24, 1984, ALLCAPE u prepared for John H. Milne, Scale 1"-30' , Engineering. Centerville, Mass.", See plan in Book 386, Pg. 88. T. This land is subject to the following restrictions: (a) vo building shall be constructed on provedis nbyu the lsellerthe uordthei plans have first been submitted to and approved successors and assigns. inclusi e (b) No building, other than °600ut bsquareg feet aof living space, i land which shall have less than 1, of the garage. (c) This land shall not be subdivided Y residential lot and F' (d) This lo urrently t shall be used as a single family residential in no business shall be conducted this of way C (e) This land isconveyed, subjnot ect the construction of residence effect, so long a upon Lot b3. Book 4433, Page 80, Barnstable For my title, see Deed Recorded in County Registry of Deeds. T= F CEE� (CA ' ", C t aSSCS< l - real c asccr NAM1 I -A t At - Mwest Executed as a sealed instrument this day of /�� 1985 pu ges z TITLE r,_y \�nJr u� ASSESSMEW- Anni Milne you .w: Saes . S�.er Ctu•c+ Sdea��. . .., S"m Brnr- y OOM Lmu temm�ll0 .. WATER LIEN: WATAICT TAI �tt0I1RU0ri111CtDf88$l;tCft$ Tout Barnstable ! Apr Then personally appeared the above named Ann i Milne n e r - 1 ha Imp i and acknowledged the foregoing instrument to be her e Unr Btrore me, Notary PUUSC—JMaioe of Ms Pew+ - A1y commission expires /0_ 11184 FORT 3 ;i i� 1. fi%�lili�lf�MAY 185 I y r it. =4433 FIDE 080 raseaoswussm e�wna<w ass vsm�uw hoMs rosrt w i I, John H. Milne 10192 of Harbor Road, Barnstable (Hyannis) Barnstable Couaty,Massachutettt 4mbrUMMIN i,for emaideration paid,and in full contidawdon of One Dollar ($1.0 0) StM to Anni Milne s of Harbor Road, Barnstable (Hyannis), Maas. WM gntttlahn toaraanlr thelwdin Barnstable (Hyannis) Barnstable County, Mass. bounded and des- cribed as follows: �aiodos sad secumb,sen�,If sad) r; EASTERLY: By Harbor Road, a 40' wide public way, as shown on a plan hereinafter mentioned 20' . SOUTHERLY: By Lot 02, as shown on said plan, 249.21' WESTERLY: By land now or formerly of Coleman S. Seely, 94.27' NORTHERLY: By land of Umberto Germani, 112.62' ?• EASTERLY: By Lot f4, as shown on said plan 100.00' NORTHERLY: By Lot 04 ae shown on said plan 130.-8D' _-.. Meaning and intending to convey Lot #3 as shown on a plan of land entitled "Subdivision Plan of Land in (Hyannis) Barnstable, Mass. prepared for: John H. Milne Scale 1"-301 , April 24. 1984 All Cape Engineering Centerville, Mass:" See plan in Book 386, P. 88. For my title, see deed recorded in Book 4236,_-Page 155. i �v & tl: (slodwidstt—)slat Temb—Tsotmt is C=Wft) - u3 e � a d �rr8 as rrIL 6. L it • Y E yIL \ o l n l f MDT[THAT TM[D[TY[RNtNT LI[M It NOT D,ttglV[O OI Ow R[eItTRAT 10N IN TN[R[OItTRY[OF DC[OD N MItD M[waIN1CAT[la FILRD FOR RLCORD [OAT[ A. FORM 974 - Ots6OLRYIF BETTERMENTS Pon THE COMMONWEALTH OF MASSACHUSETTB BPt09066-•W29 94-02-25 384B 912253 .....................:1M OF BARNSfABLE 0 ................................... I T .............. `[� p x[•.e er em ee TevN •••.•"•••••••..•••••• ryO•....... 08 BPE09060-0028 94-02-2S OFFICE OF THE COLLECTOR OF TAXES 314E klc^252 n THIS IS TO t�77Fy that the bdtarsent u[nsment which heoame alien upon the herein dtn dctcribed pit THIS of real"hte Q l� WE, STEPHEN SQUILLANTE and PATRICIA SQUILLANTE, husband and upon the rea rdin8 or registration in..__...........,...BaLTLS.Ca2t1�.GR]P.?�Y.........__,.........._...-_....P:e ist ....._"_............................ _...._.. r wife as tenants assessed for the... $ g ry Of Deeds, the Order stating that bcttermmts were to be by the entirety, both of 76 Old Colony Road, ' `��..>}Btumrmq.n_t......... — Il ' """"""""""' _� Quincy, Norfolk County, Massachusetts, in consideration of in accordance with Grnen] "".........._......._............ improvement,I�ws.Clulpter g0,has together with any interest and costs thereon, t7 au �te'd been paid or legally p try TWENTY-FIVE THOUSAND AND NO/100 (525,000.00) paid, grant to [CROap OK rb1.YMM NOT Ua[O. N,.xc R[►wRAT[ccRn►IcwT[FOR RroltnR[D uwor PAUL NIKODEMOS and �,"cQO.3rot � ttr trxr CATHERINE NIKODEMUS husband a�V wife asD.etw[Y Cii1�1.N KRTrMRr R[CORD[p - ; H Y �i ,I '6/yA D,4 1ATN[R HARio m RTA LOCATION AND DOOtAnTION Or LAND tenants by the entirety, both of I /r/T tln.x,,.►., ptt, T[sRNT OT AaII Irx.T.s.".. {Vr •�-YaratvvCh, p r !E7 7898 293 Paul &Catherine Nikod .DIeaN".. , Massachusetts, with QUITCLAIM COVENANTS, the 7 Harbor Rd, 4 land in Barnstable (Hyannis), Barnstable County, Massachusetts, Stephen Sgttillante et ux ynnnis, Ma. 02601 creel I.D. R306-174.003 bounded and described as follows: i v L EASTERLY by Harbor Road, a 40' wide public way, as shown on hereinafter mentioned plan, twenty (20) feet; r SOUTHERLY by Lot 2, as shown on said plan, 249.21 feet; �M1 f y WESTERLY by land now or formerly Of Coleman C. Seely, 0 r II 94.27 feet; f V NORTHERLY by land now or formerly of Umberto Germani, 112.62 IX _ •-a- •� --- feet;•2. _".........., Ip,•,94 Z EASTERLY by Lot 4, as shown On said plan, 100.00 feet. j... .....,.........A..' .• ....Conortor of Tax" for....z ...of Barnstable... i • NORTHERLY by Lot 4, as shown on said plan, 130.87 feet. THE COMMONWEALTH OF MASSACHUSETI'S Said land is shown as LOT 3 on plan of land entitled "Subdivision -•-...68a>"flS.tfl.Qle...•..•, a[ F.......... Mass., H._ Milne, Scale 1"-301, April 24, 1984, ALLCAPE Engineering, 'loco WrroDally appnred she show msled..."_..._._...._...... Centerville, Mass.- which plan is recorded with Barnstale County Collector of TaA -•-.............. I_....c:.... Registry of Deeds 1n Plan Book 386, Page Be. .., ". made oath that the foregoing statement by him subscribed is true,before mci..:•••"""" My c issiee etplcu C1:1L•r GGp � ta....G1:: :. with the enefit of •�•••-•.._.... / ry_7.../.. .._........., •.. ,•.• �. ` recorded dedtwithd8arnstnblebCounty Registry 4512eed T r — Noturr Publk-.i) ce of the Perce Page 217, to which reference may also be had for our title. ..........................._............ 19........,at......._.._.. •t: �) i •••••••:...._.....oclork and........._.._. 'i ` WITNESS our hands and seals this /�tday of tea. I:A Aeceivrd and entered with............... •''•• 1987........."..........._.....................I................. ....................._.._.._...........Aegirtry of Deeds, :` K Book.....................P, � i., ;.7r _ ��. �•..ram ge..................... Document N"..._"_... ...............-.......Certifiofte of Title No................ Atbest: ^wn}�. "r`�' - Step on Squ n e ...................._._.._. _ tirdt mr. roar;eon w D suuw f 7 oquillaht tris is THIS TORN AFFROV[D say TH[COMMINN)N[R OF R[V[Nt1[ BARNSTABLE AEOISTRY OF DEEDS [$' `` .._ _ _.... .. _- .. ..._�....._.. .._tea.-:►-.-, _�...<w_... - h S•�-fit" � =�..1 175 r 1^ -� Com.MCNWEALTH OF `.tASSACHUSETTS /1 OUITCL �. _ ;91.�/JC!/ y.-,�+� 1991 BARNSTABLE,ss -' Then personally appeared the above-named ELIZABETH BUCKLEY SEA BEACH INN, INC., a Massachusetts corporation duly organized. �_ y` having a usual place of business at 388 Sea Street, Barnstable (Hyannis), CARR, President and Treasurer of SEA BEACH INN. INC. and for consideration of Ten ($10.00) acknowledged the foregoing instrument to be her free .act and deed, before U Barnstable County, Massachusetts, _- NEIL CARR and ELIZABETH BUCKLEY CARR, -y me, Jpy Dollars paid, grant to the entirety, both of 338 Sea Street. e •� /�''�� �" husband and wife, as tenants by Massachusetts, with Quitclaim Barnstable (Hyannis), Barnstable County, Covenants, a certain parcel of land with the buildings [hereon located in rit /� � in the County I/ a that part of the Town of Barnstable, called South bou ded and desribed A. ' - _ of Barnstable and Commonwealth of Massachusetts, �' Notary Public - My commission expires: 04/29:PV as follows: On the North by Gosnold Street, formerly Front Street, about one y - hundred twenty-nine (129.00') feet; and of Isaiah C. Sears, about ninety-eight On the East by land formerly (98.001) feet: and - _ On the Northeast by said 'and formerly of Sears, about ninety-four _ (94,00') feet; and . On the South by land now or formerly of Pauline Keegan, about one - hundred ninety-four and 271100's 1194.27') feet; and On the West by Sea Street, about one hundred forty-four (144.00') e _ ,feet. For grantor's title, see deed of Artemis D. Warburton to this grantor dated play 19, 1986, duly recorded in Barnstable County Registry of Deeds in Book 5085, Page 70. 7j + This conveyance does not represent all or substantially all of the t grantor's assets. _ d WITNESS my hand and seal this . day 19?/l ail 1991 cLJZ,Abt 1 11l.nLe L , President and Treasurer Sea 3each Inn, Inc. " ,Dr MAY zZ r. i 1 ilk` - 1 , 3,. BOOK5095P'OE Mo I 0 ,.,. 4. BOOK�O95r.GF a�: j•!00 COMMONWEALTH OF MASSACHUSETTS QUITCLAIM DEED 711 RANNSTADLE, as. May 19 1986 a ; =a Then personally appeared the above named ARTEMIS D. WARHURTON I, ARTEMIS 0. WARBURTON. of 400 Sea Street, Barnstable ,';:j and acknowledged the foregoing instrument to be her free act and deed, before me, (Hyannis), Barnstable County, Massachusetts, for consideration paid, - and in full consideration of THREE HUNDRED FIFTY THOUSAND ($350,000) DOLLARS, grant to SEA BEACH INN, INC., a Massachusetts corporation •'� �.�J••h.. to ,h.Publi �.� �i Notary Public having a usual placo of business at 388 Sea Street, Barnstable j My Commission Expires: • (Hyannis), Barnstable County, Massachusetts, with QUITCLAIM COVENANTS, =' '. A certain parcel of land with the buildings thereon located in 3. that part of the Town of Barnstable, called South Hyannis, in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows: •�. On the North by Cosnold Street, formerly Front Street, about one hundred twenty-nine (129) feet; . �I i is On the East by land formerly of Isaiah C. Sears, about ninety- eight (9b) feet; On the Northeast by said land formerly of Sears, about nLuety- li� four (94) feet; On the South by land now or formerly of Pauline Keegan, About ;. one hundred ninety-four and 27/100 (194.27) feet; and K J ' On the West by Sea Street, about one hundred forty-four (144) 3�i feet. 1 For grantor's title, see Deed of Nelson W. Stanford dated, March 27, 1958, duly recorded in Barnstable Registry of Deeds at' jBook 1000, Page 25, and Death Certificate of William Warburton, dr., i recorded herewith. WITNESS my hand and seal this i9 4% day of May, 1986. I ' ARTEMLS D. WARBURTON K�L;rqlu MAY 19 86 rn ` i I e08034 race 166 e00Y8f734 fur 167 31669 QUITCLAIM DEED _ 31670 KRISTINE J. THORESEN RITTERSHAUS, formerly known es KRISTINE J. � `+ THORESEN and JOHN S. RITTERSHAUS of Hyannis, MA 02601 i 1 for consideration paid and in full consideration of ONE DOLLAR � ($1.00) f` grant to KRISTINE J. THORESEN RITTERSHAUS and JOHN S. ti RITTERSHAUS, husband and wife as tenants by the entirety of 217 Sea Street, Hyannis, MA 02601 Isst..,rot.rr.rar un.rdua lln.l • with QUITCLAIM COVENANTS MORTGAGE THIS MORTGAGE 1'Seeurity Inatrumeni)is given,. May 18, 1992 W the land with the buildings thereon located in Barnstable 'fhe^bna■gwis Jahn S. Rittershaus and Kristine J. Thoresen Rittershaus Q (Hyannis), Barnstable County, Massachusetts, bounded and a described as follows: 1'IYarawer').This Security lnstrumrnt is given to PLYMOUTH MORTGAGE COMPANY, INC. �. NORTHERLY by a private way, there measuring 172 feet more or which is nrF,nixed,nd esiUing un,kr the las a! Commonwealth of Massachusetts ,wwwho-„dn,ss is less; 200 Foxborough Blvd., Foxborough, Massachusetts 02035 EASTERLY by n public way, known as Sea Street, there ONE HUNDRED SEVENTY TWO THOUSAND and O0/100 t H'C1Mler-).&rmnsvr c%LclWh thepnnc,palaamof - measuring 55 feet more or lees; poNE UNDR 1SEVENT.00 jy - ). This dAa is evil r ed by&urowcr's note dlwd the same da,e.this So mat s«w�,SOUTHERLY b land now or formerly mrtten f-,m'.which Y rmerl of Per vWd ,Y there measuring pro (M m,.thl Y , msmt.a.wit Perry, h Y Y the fill 4 N 1 deM,if n mx Wear Ju a `y { Iwr 1 ZDU� lu .due and - wrahm m I7z feet mo re or less; and This Ssavn(V Inslrurtwnl.sea idea o 1h.la+aler. (a)I1h rrl,ply of the,kM p kjmse with by the Noe wish ufkk-rl,and all renewah.eawnsi,.s and mlWificati,m,(the NMc:I h)the pay.a tt of all,aM WESTERLY me land now or formerly of less Perry, there atmn,win inlerrat,aJvancaf urukr paragraph 7 to ponce the security of Chia Security Insttu.ent.and N)the r--rune of measuring 55 feet, more or less. Barrowvit coverts..eW ag,ee,twms under this Security Instrument will the Note Rw this purpuae Hoorn—does heroby monSAM grain and convey to I.erWn tth fy e R of laic.dw following described prop.y boated in For title, see deed recorded in Book 4359 Page 342. erns a SI Caway Maswchusnu: EXECUTED this the 18th day f May 1992 i 1.i � !'ZGCLK R TI E J O SEN RI S See property description attached hereto ITTERSHAUS For our title, see deed recorddd in Book 4359 Pagd 342 ell HN COMMONWEALTH OF MASSACHUSETTS i BARNSTABLE, as May ls, 1992 Then personally appeared the above-named RRISTTHE J. THORESEN RITTERSHAUS'a d JOHN S. RITTER w'.: n SHADS and acknowledged the foregoing instrument to be HIS free a d deed re me !_ which has Neadd_.f 217 Sea Street. Hyannis Steve P' zuti No P blic M C mmieei n ires Massecnuum 02601 n KLrI Y _ ('Props Y Address').. 17.'■G,del March 13 1 MASSACHUSETTS-s.41c r mwv-F_.h w„AlNe,Mrc Usn'nuN 1.X%Mt:s[GYr . •RB„®UIWI - F-3013 eM Iryry/.'JdrVr/,r n�unU�UMAY 2292 / ,i I emx..4359 ful 342 j eccr4359 i,Et 343 625'T7 QUITCLAIM DEED 625'76 + ��K a. KRISTINE J. THORESEN and JOHN S. RITTERSHAUS WE,RICHARD J.MURPHY and JOAN E.MURPHY,both of Barnstable (Hyannis),Barnstable County,Massachusetts,for One Hundred Fifty Thousand .� o! c,nnuy. )In..nrha.en., ($150,000.00)Dollars consideration paid,grant to KRISTINE J.THORESEN Barnstau lei and JOHN S.RITTERSHA US,as Joint Tenants with Rights of Survivorship. Wing,,,,,,,nrri-1.h,•n•mufl,•r'Al'.1 ih••u,orix:,sor,for nn Weratiou paid,grilld to the BEICKSUIRE both of 28 Janice Lane,Barnstable(Hyannis),Barnstable County,Massachusetts, with QUITCLAIM COVENANTS,the land,together with the buildings thereon, f•ul'STl" l+.tt'1?ilt; 16t\K. n )In..nrhn.ru. enrl.,rmiou h.•niwl in 1'in.tirld. Her4hirc County,located in Barnstable(Hyannis),Barnstable County,Commonwealth of Massachusetts, bounded and described as follows: \L..+u•hnr•tt., h,•minnfter rnllwl Ihr morlR+tRM•, wish )IUILTUAt/E I0V1:\.t\Tli, 1. rrunAthe NORTHERLY by a private way,there measuring 172 NINET.`-FIVE THOUSAND and No/100---------------UU1.1.AHt1 ti95.000.00.......) feet more or less; - �, N p,,}nhh•In l".lnlluugtt.nl Ih.•Ibu,•.,h,the.nunn,l.and-1111 Inlen•.1 llu•mm a.pmvld,.l In a pn,nd► Y N EASTERLY by a public way,known as Sea Street, rrtr nnn•of e.en dn,r,and.nrh rnriher.um...only Ir ndenneed under fienerul Iaw.,Chapter IFM. there measuring SS feet more or less; - lleeiion _ .e. o•n or w A.or Ael. N.. , .h t mle,uion Ihemd: acid air, to aecum the performanee of SOUTHERLY by land now or formerly of Perry,[here � C( ,� measuring 172 feet more or less;and I ` _ nil the r, nnul.and agm•menl.hrn•in et mined: �} WESTERLY D land now or formers of said Perry. A trri.ii, n Y Y Y. yertel or parcel.of laud,with all the building.and tlntemta now or heeeaRer aaad• there measuring 55 feet more or less. lug or pl.red thetc.n.illuated is Hyannis _ .._. .. . ... .In the OouotJ For o title,reference may be had to deed recorded riled at the Barnstable County Registry of Deeds on May 24,1968,at Book 1401,Page 856. of Barnstable and f:ommoo-ealt0 of Laaarh„aetta. bounded and deatri6.1 as follows: WITNESS OUR HANDS AND SEALS this d of December, s` ay f r 1 1984. NORTHERLY by a private way, there measuring 172 feet, more or less; EASTERLY by a public t:ay, known as Sea Street, there measuring 55 feet, more or less; ...111 ty R chard J.Murp r „ C SOUTHERLY by land now or formerly of Perry, there measuring 172 feet, g more or less; and Jan E.Murphy yyt WESTERLY by land now or formerly of said Perry, there measuring 1 COMMON TH OF MASSACHUSETTS 55 feet, more or less. (� Barnstable,as: December ,1984 Being the same premises conveyed to us by Deed of Richard J. Murphy and Joan E. Murphy dated December 20, 1984 and recorded in the Barnstable County Then personally appeared the above named RICHARD J.MURPHY Registry of 0eeds. V and JOAN E.MURPHY and acknowledged the foregoing Instrument to bef their tree act and deed,before me 1 �! - Notary Public My Commisston Expires: i u.ewm .�.+.oa.•Haas � - .,err..,... ,. e HICELLED r �utD DEC0 84 td" , i I i Cl� I � I, I � i I I �_ • Doc. No. 605,606 Ctf.. No. 132782 TRANSFER CERTIFICATE OF TITLE From Certificate No. 109968, Originally Registered February 12,1987 in the Registry District of Barnstable County. THIS IS TO CERTIFY that KATHLEEN F DELANEY, of 331 Mayflower Circle, Hanover, Massachusetts 02339, the owner(s) in fee simple, of that land situated in BARNSTABLE in the county of Barnstable and the Commonwealth of Massachusetts, described as follows: and aplicable at nd FEE in the Way abutting said Land 12102-I So much of said land, as is expressly or by implication of law included within the limits of the ways shown on said plan, is subject to the rights of all persons lawfully entitled thereto in and over the same. Said land is subject to restrictions as set forth in a deed given by Walter A. Tapley et al, Trs. to Nathaniel B. H. Parker dated August 24, 1911 duly recorded in Book 307 Page 565, so far as in force and applicable at date of original decree. And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said owner(s) to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting WITNESS ROBERT V. CAUCHON, Chief Justice of the Land Court at Barnstable, in said County of Barnstable, the twenty-seventh day of January in the year nineteen hundred and ninety-four at 1 o'clock and 41 minutes Attest, with the Seal of said Court, JOHN F. MEADE, Assistant Recorder. Land Court Case No. 12102 MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE Ctf:132782 605,6( DATE OF INSTRUMENT DOCUMENT DATE AND TIME NUMBER KIND RUNNING IN FAVOR OF TERMS OF REGISTRATION DISCHARGE 4;558 N DECREE 08-15-1929 2 08-24-1929 11:15 4,559 N - STIPULATION 03-07-1929 1 08-24-1929 11:15 4,560 N STIPULATION 03-18-1929 1 08-24-1929 11:15 34,803 ES BARNSTABLE WATER COMPANY SEE DOC 10-06-1952 1 10-00-1952 108,942 ES CAPE &VINEYARD ELECTRIC SEE DOC 10-28-1966 1 COMPANY (&O) 11-00-1966 238,553 N SEE DOC 07-13-1978 2 07-14-1978 11:25 238,554 ES COLEMAN C SEELY 7 12102-F 07-14-1978 1 07-14-1978 11:25 253,320 ES NEW ENGLAND TEL & TEL SEE DOC 06-20-1979 1 COMPANY (&O) 06-28-1979 2:41 408,844 M WOBURN FIVE CENTS SAVINGS LOT 17 PL 12102-I 10-14-1986 608, 899 1 1 BANK $200,000.00 10-14-1986 3:53 546,219 BT TOWN OF BARNSTABLE VARI LOTS VARI PLANS 02-28-1992 1 03-02-1992 2:39 605,607 M SHAWMUT MORTGAGE COMPANY 17 & FEE IN WAY 12102-I 01-26-1994 1 01-27-1994 1:41 MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE t Ctf:132782 605,6( DATE OF INSTRUMENT DOCUMENT DATE AND TIME NUMBER KIND RUNNING IN FAVOR OF TERMS OF REGISTRATION DISCHARGE 607,304 PD RICHARD T DELANEY (AS TR) 17 12102-I BT 546,219 02-09-1994 1 02-17-1994 11: 0 BARNSTABLE COUNTY Y \ 608, 899 D 408,844 001 02-16-1994 A TRUE COPY,ATTEST 1 03-10-1994 9:C 0 <Zi�� _ F.MEADE, REGISTER _ 629 e 28 �ran�fer Certificate of jZitl e Doc' No 249, 101 From Transfer Certificate No. 64372 Ctf. No. 77578 Registration Book Sly Originally Registered May 7, 1975 Page 12 for the in Registry District of Barnstable Zhtg ts' to (fertifp County. Newton, Middlesex that Giosina Germani and Marc Germani , County, Massachusetts, are both �-' of 47 Walnut Place , 1 the owner(s) in fee simple. as joint tenants, with right of survivorship of that land situated in Barnstable in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows: Easterly by the westerly line of Morrissey Road, seventy-five (75) feet; Southerly by a portion of Lot 6, eighty-two and 23/100 (82.23) feet; Westerly by a portion of land now or formerly of of Association, one hundred six and 09/100e(106.09)sfeetHyannis Beach Northerly by Lot 4, ninety-nine and 97/100 (99.97) feet; Easterly by a portion of Lot 8, forty-one and 50/100 (41.50) feet; and Southerly by the northerly line of said Morrissey Road, thirty (30) feet. All of said boundaries are determined by the Court to subdivision plan 13635-F dated August 1968, drawn b ve ors, be located as shown on Y and filed in the Land Registration Office at Boston able Survey Consultants, Inc. , Sur_ Barnstable County Registrya copy of which is filed in Title No. 30575 and of Deeds in Land Registration Book 237 Page 65 with said land is shown thereon as LOT 5 g Certificate of as shown on said plan. together with the Fee in Morris Road O much Trus. to Edward T.SPeters of said ied 0cland as was conveyed in a deed given by Walter A. Tapley et al, 1872 duly given by C. C. and et al, y recorded Book 11r Page 201 and by a deed Book 292 Page 239 is subject Trs. to Emma H. parker dated December 24, by said Tapley to the restrictions therein set forth as affected8bduly recorded 307 said pley et al, Trs. to Nathaniel B. H. Parker dated August 24, 1911 duly y a deed Page 565, so far as in force and a given applicable at date of original decree. Y recorded Book So much of said land as is included within the rights Plan is subject to the ri9limits of of all persons lawfully entitled thereto in andeoverdsr thensasaid me. Said land is subject to the reservation set forth in Document No. 195,364. And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws. and that the title of said Giosina Germani and Marc Germani to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may said land y be subsisting , and to any possible growing out of the debts or settlement of statutory rights in Bacon, late of Newton in the County of Middlesex, the estate of one Emma H . 15, 1933 if claimed and enforced within the who died Certificate No. time °n or about October 33998, allowed by law applicable to WITNESS. WILLIAM I. RANDALL, Esquire, Judge of the Land Court, at Barnstable, in said County of Barnstable the twenty-second day of March in the year nineteen hundred and sevent y-nine at 2 o'clock and 08 minutes. Attest. with the Seal of said Court. QUERY PROPERTY: QUERY END QUERY PROPERTY PENTAMATION----------------------------------------------------------- 10/07/98 PARCEL ID 306 223 GEO ID 21630 LOT/BLOCK 5 DBA PROPERTY ADDRESS OWNER GERMANI 18 MORRISSEY ROAD GIOSINA MARC GERMANI HYANNIS 47 WALNUT PLACE NEWTONVILLE MA 02160 PHONE DISTRICT HY DEVELOPMENT STATUS C ASSESSOR' S CODE CAPACITY (NOTES) ZONING DIST/ZOC RB SEWER SYSTEM FLOOD PLN/ELEV. WATER SYSTEM OKH? # BEDROOMS ZBA DECISION FAMILY APT LOT SIZE 8712 OPER/MGR NAME WET LANDS MULT ADDRESS USE 130 PROTECT DIST (N) EXT / (P) REVIOUS / NO (T) ES / PER(M) ITS / (V) IOLATIONS / (G) EOBASE / (E) XIT I Inn FORM E•3 )(0 (� r Doc. No. 249,102 Trangf er Certificate of Title. Ctf. No. 77579 n From - Transfer Certificate No. 64372 Originally Registered May 7, 1975 in Registration Book 519 Page 12 for the Registry District of Barnstable County. Xbi!5 i!g to (Lertifp that Umberto Germani and Giosina Germani, Trustees of the U & G Germani Fami y Trust, of 47 Walnut Place, Newton, Middlesex County, Massachusetts 02158, with the trust instrument recorded February, 1979 at the Middlesex South District Registry of Deeds, 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: Northerly, Westerly and Northerly by the southerly, easterly and southerly line of Morrissey Road, measuring thirty (30) feet, twenty-two and 50/100 (22.50) feet and thirty-seven and 60/100 (37.60) feet, respectively; Easterly by Lot 7, one hundred two and 26/100 (102.26) feet; Southerly by a portion of land now or formerly of Nathaniel B. H. Parker et al, one hundred fifty-nine and 39/100 (159.39) feet; Westerly by a portion of Bluff Avenue and a portion of land now or formerly of the Trustees of Hyannis Beach Association, ninety (90) feet; and Northerly by Lot 5, eighty-two and 23/100 (82.23) feet. All of said boundaries are determined by the Court to be located as shown on subdivision plan 13635-F dated August 1968, drawn by Barnstable Survey Consultants, Inc., Sur- veyors, and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 237 Page 65 with Certificate of Title No. 30575 and said land is shown thereon as LOT 6. So much of said land as was conveyed in a deed given by C. C. Esty et al, Trus. to Edward T. Peters dated October 2, 1872 duly recorded Book 111 Page 201 and by a deed given by Walter A. Tapley et al, Trs. to Emma H. Parker dated December 24, 1908 duly recorded Book 292 Page 239 is subject to the restrictions therein set forth as affected by a deed given by said Tapley et al, Trs. to Nathaniel B. H. Parker dated August 24, 1911 duly recorded Book 307 Page 565, so far as in force and applicable at date of original decree. So much of said land as is included within the limits of the roads on said plan is subject to the rights of all persons lawfully entitled thereto in and over the same. \ Said land is subject to the reservation set forth in Document No. 195,364. And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said Umberto Germani and Giosina Germani, Trustees as aforesaid. to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting , and to any possible statutory rights. in said land growing out of the debts or settlement of the estate of one Emma H. Bacon, late of Newton in the County of Middlesex, who died on or about October 15, 1933 if claimed and enforced within the time allowed by law applicable to Certificate No. 33998. WITNESS,WILLIAM I.RANDALL,Esquire,judge of the Land Court,at Barnstable,in said County of Barnstable. the twenty-second day of March in the year nineteen hundred and seventy-nine at 2 o'clock and 08. minutes. Attest, with the Seal of said Court, Land Court Case No. 13635V`"� STEPHEN WEEKES, Assistant Recorder. MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN ' THIS CERTIFICATE 7579 DOCUMENT DATE OF INSTRUMENT SIGNATURE OF NUMBER KIND RUNNING IN FAVOR OF TERMS DATE AND TIME ASSISTANT RECORDER DISCHARGE OF R.EOTSTRATION 6 Sa �s 131,3s--c. -;-?-IS' 44, R£ , BT ooc .�y6,a�9 ,i zi-93 9.33s'fi BAF NSTABLE COUNTY A T1 WE COPY,ATTEST SL JOMN MEAUS,Agliam €Ft f . �I QUERY PR4:2--ERl%'Y: QUERY END QUERY PROPERTY PENTAMATION----------------------------------------------------------- 10/07/98 PARCEL ID 306 222 GEO ID 21629 LOT/BLOCK 6 DBA PROPERTY ADDRESS OWNER GERMANI 17 MORRISSEY ROAD UMBERTO GIOSINA GERMANI HYANNIS 47 WALNUT PLACE NEWTONVILLE MA 02160 PHONE DISTRICT HY DEVELOPMENT STATUS C ASSESSOR' S CODE CAPACITY(NOTES) ZONING DIST/ZOC RB SEWER SYSTEM FLOOD PLN/ELEV. WATER SYSTEM OKH? $# BEDROOMS ZBA DECISION FAMILY APT LOT SIZE 13068 OPER/MGR NAME WET LANDS MULT ADDRESS USE 104 PROTECT DIST (N) EXT / (P) REVIOUS / NO (T) ES / PER (M) ITS / (V) IOLATIONS / (G) EOBASE / (E) XIT I _ �Gran�fer Certificate of Title, Doc. No. 249, 100 ✓ ~ Ctf.. No. 7 7 5 7 7 From Transfer Certificate No. 64372 Originally Registered May 7 1975 Di , Registration Book 519 in } Page 12 for the Registry strict of Barnstable County. 0� fjig ig to Certif tha t Claude Place, Newt Germani and Umberto Newton Middlesex Count 0215 Germani, both of 47 wal y, Massachusetts 8, are nut the owner(s) in fee simple. as joint tenants of that land situated in Barnstable in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows: Northerly by Gosnold Street, one hundred (100) feet; Easterly by a portion of Lot 8, seventy-six and 96/100 (76.96) feet; Southerly b Lot 5 Y , ninety-nine and 97/100 (99.97) feet; and Westerly by a portion of land now or formerly of the Trustees of Hyannis Beach Association, seventy-seven and 02/100 (77.02) feet. All of said boundaries are determined by the Court to be located as shown on subdivision plan 13635-F dated August 1968, drawn by Barnstable Survey Consultants, Inc. , Sur- veyors, and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 237 Page 65 with Certificate of Title No. 30575 and said land is shown thereon as LOT 4. So much of said land as was conveyed in a deed given by C. C. Esty et al, Trus. to Edward T. Peters dated October 2, 1872 duly recorded Book 111 Page 201 and by a deed given by Walter A. Tapley et al, Trs. to Emma H. Parker dated December 24, 1908 duly recorded Book 292 Page 239 is subject to the restrictions therein set forth as affected b a deed by said Tapley et al, Trs. to Nathaniel B. H. Parker dated August 24, 1911 duly recorded Book 307 Page 565, so far as in force and applicable at date of original decree. given So much of said land as is included within the limits of the roads on said Plan is subject to the rights of all persons lawfully entitled thereto in and over the same. Said land is subject to the reservation set forth in Document No. 195,364. And it is further certified that said land is under the operation and provisions of Chapter 183 of the General Laws, and that the title of said Claude Germani and Umberto Germani to said land is registered under said Chapter, subject. however, to any of the encumbrances mentioned in Section iorty•six of said Chapter, which may be subsisting , a n d to a n y Possible statutory rights i n said land .growing out of the debts or settlement of the estate Of one Emma H . Bacon, late of Newton 15 in the County of Middlesex, who died on or 1933 if claimed and enforced within the time about October Certificate No. 33998. allowed by law applicable to � I WITNESS. WILLIAM I. RANDALL, Esquire, Judge of the Land Court, at Barnstable, in said County of Barnstable the twenty-second day of March in the year nineteen hundred and seventy-nine at 2 o'clock and 08 minutes Attest, with the Seal of said Court, QUERY% PRGPERTY: QUERY END QUERY PROPERTY PENTAMATION----------------------------------------------------------- 10/07/98 PARCEL ID 306 224 GEO ID 21631 LOT/BLOCK 4 DBA PROPERTY ADDRESS OWNER GERMANI 269 GOSNOLD STREET CLAUDE UMBERTO GERMANI HYANNIS 47 WALNUT PLACE NEWTONVILLE MA 02160 PHONE DISTRICT HY DEVELOPMENT STATUS C ASSESSOR' S CODE CAPACITY (NOTES) ZONING DIST/ZOC RB SEWER SYSTEM FLOOD PLN/ELEV. WATER SYSTEM OKH? # BEDROOMS ZBA DECISION FAMILY APT LOT SIZE 7840 . 8 OPER/MGR NAME WET LANDS MULT ADDRESS USE 130 PROTECT DIST (N) EXT / (P) REVIOUS / NO (T) ES / PER (M) ITS / (V) IOLATIONS / (G) EOBASE / (E) XIT / • 51.._ I ... nl a )eIj'c " Dart 121 )/►C .el.c G ° O c 120 65 ec (A +� •yo 0 119 sec r 1 O gT AC Q • le - ,•p o0 yiREET - .6 b a— 00 ffl 7L 113 114 112 6pec T,►C •b 1 1 44 111 eiAC let 136 12� 98 - AC 'Ot 13 s 14AC 1 Ac It AC w'I;Oc _ ,'Je O" " I0AC7 �,b AC 0 1 ♦ 90 e1 Ij5 a a 90 .e4 to i2Ac 43 n ' 29AC $ '31 Mp 169 180 I. _ 170 169246C ,•� 138 127 �e3 0O-3 O ( 46 AC g ),AC lJ o $ a O 27AC 134 $ 24 AC °5 STREET V L2-4 4 , y Ly AC 0 31 ny 4 As 139 Its— 1, 14 49 q " I MAC U Z23 • �c S1 g IRAs_ . �•a .?? > 133 fl :+ .i 26 AC .3,AC t4Z. .20IL Rr,SSQV CD © Aw a.a4 ^ O t , t 140 �1rK :171 8 20AC , 361kC A /& I 176 23AC ^y 7! s e7 I 16 2z L 23� `>� 141 13� - I S- • n LaAC LP /O•'�OK '' IL .25 AC Z g s 12 60 O O ?? uA Tome 21 • J 142 .,+ �t • ,2 E 1 I I 13 v � � PAC �r � /S ♦ 23AC •ems 35 . / O via" ►vE Y . sp WT NO.UStD: L83 /8 143 e REV. Ao c' 114 t O - oo O i 2� ?64C ti a M♦C ' 9Y AV/S /970 33At 1/9.1 ITL3 'Lem te4 • ''' 41 ORIGINAL ISSUE: /yg/ l es-t 75 w S,.t 1,30 4 T,eo N y.zw.c ` - O O . d :tee J6C g ?ice .M�.c I J - log—,Yf[e`44 t,Z,?aS 23t LUACiat o .awa \'l i ,,2-1 (era .Ce "S-a • - .!`K /4Cy •434L s,.a � ry s O i0 � "?•• y „ k ,Zap205 ° a �� r , 9'� 2 .i64c. J .St— • •�e 'r!ft v •29� 4C; s.aA.t7.��le • A. ° _ r 143 r1 ,°t +V sit E ZOO LA. °3 0- Ls.•c 4r v 3e tl b , � K47 3t M 4 e_' 163 165 t'b 1 ., 2061 -11 15 . A I Ie4< nwc BCACH Bw20/HB 23AC Ic ,1a-1 AC .^ 1 13)( ee•• na-e Ida �99 IB7 - ? .t♦•c J 184 204 R 1lAt ry ro O t70 s° la'• ° tp " 1e6 251 207 y4.t u O I ISS t t �9? ?198 e L&Ac _ .28AC-3 w 59AC 146 w2 4v 4C-S v V4 IS2 SAC . 1�a-7 •b 7 •� •0 ) .11Aa .34AC 1 �' O 134 153 ao SCALE .'W 29AC .RFAC Y /93 193 9 t 4C 2ft 307 325 611 1 w ro 2% 306 U4 2" 306 J2e The Town of Barnstable MARN ABM Department of Health Safety and Environmental Services �,,�,��► Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner October 19, 1998 Patricia and Gene Rufo PO Box 2103 Mashpee, MA 02649 RE: Buildability of '® a- ,17 and 18 Morrissey Road, Hyannis ✓269 Gosnold St., Hyannis m v N- 2b&- Dear Mr. and Ms. Rufo, Thank you for submitting the necessary deed documentation for the above lots. The information has been reviewed and it was found that the above lots were held in common ownership and therefore not buildable. You have the option to seek a Variance from the Zoning Board of Appeals. Should you have any,questions, please feel free to call. Respectfully, Ralph Crossen Building Commissioner r rA A-e..ct SS ZI)- f �-- non e��- i r, V • 1\ ti� t1 T)r 7 n, ' w r TU - t1 �,14 O.(=-? ^ r: ' , �. , I ij l; •� � �,Z^ 1 U e, 4 I OA -- ' ;1 r7 nl c" it'� •� _� ,:-sit;�•a-N_:• . �;� , e � . :y, •.1 �I�^a �� In '1dIN `141 1Lj s � � � • �/'i/,,._,-ram _ �,F��. ,� �".. /� n � � �J cry "�e�s��' � . �'•��� Thy . A J g, V 1, � _ ��'{ D��+,'3��• �.�F�T A�.�. Sy �'f °i. NSA. `� �� � • _ _ ` �i .5 ,,,gyp• •,6�+2 i'w:4 IN Qj Ilk, :' �` I ivy li, r � '�1 ``t � � � . Jle!' IV �jl �� ro e� C j i r � 0 J' W � 4 � � 1 Z b kh y C �, i