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HomeMy WebLinkAbout0023 MELBOURNE ROAD _ __ __ r /.r �`� k�r� - --- - --- -- ---- �, � � . CANDLE WICK LA NE LOT #45 S 07d 11' 46" W 125.70' LOT #47 21 6' cq 3 i� -00 00 LOT #46 N 00 3 - f0,500 square Feet #23 Z EXISTING M r- FOUNDATION LOT #44 iA v 7.56 00 26' Z 32 37' 115.87' N 07d 11' 46" E MELB O URNE ROAD (40 FOOT RIGHT OF WAY) 7la ivv "1 HEREBY CERTIFY THAT THE LOT CORNERS PLOT PLAN OF LAND DIMENSIONS, ELEVATIONS AND SETBAC TO LOCATED IN THE EXISTING FOUNDATION ON THI E HYANNIS, MASS. CORRECT. GILB MASs9 #23 MELB 0 URNE ROAD DATE: JULY 14, 2004 v .12634 ; DATE: 7/14/04 SCALE: 1„=30' su CARMEN E. SHAY , R. L. ENVIRONMENTAL SERVICES, INC. P.O. BOX 627, E. Falmouth, MA 02536 FLOOD ZONE: C (NON-HAZARD) (508)-548-0796 TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY PARCEL ID 268 244 GEOBASE ID 17248 ADDRESS 23 MELBOURNE ROAD PHONE HYANNIS ZIP - LbT 46 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 80494 DESCRIPTION NEW RES 1/3ED 1/BATH PERMIT TYPE BCOO TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS: Department of ARCHITECTS: Regulatory Services TOTAL FEES: $25.00 BOND $.00 ��ME CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY 1 PRIVATE *:0 * BARN3IABLE, MAS& z63¢ ♦� BUILDINP IV SION BY ✓ DATE ISSUED 11/08/2004 EXPIRATION DATE t� r" T-6wI BARNSTABLE f _ BUILDING PERMIT _ PARCEL• Ill 268 2'44 GEOBASEjD 17Z Y ., ADDRESS 23 MELBOURNE ROAD 4 tr" PL `NE *w HYANNIS _ LOT 46 BLOCK t BA DEVELOPMENT . 1?ISTRICT HY PERMIT 76674 DESCRIPTION NEW HOME 11BED 1 BATH PERMIT TYPE BUILD TITLE NEW RESIDENTIAL �LDG PMT f CONTRACTORS: PROPERTY OWNER De artment-of ARCHITECTS: h Regulatory Services TOTAL FEES: $278.56 BOND $.00 �tNE CONSTRUCTION COSTS $7 -M.00 101 SINGLE FAM HOME DETACHED 1 PRIVATE 1 * BARNSTABLE, + MASS. i639. G 00 MP'�A BUILD G DP71SI.ON BY DATE ISSUED 05/17/2004 EXPIRATION DATE i THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY. EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF.PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- PERMITS ARE REQUIRED FOR (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ELECTRICAL,PLUMBING AND MECH- 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. ANICAL INSTALLATIONS. 4.FINAL INSPECTION BEFORE OCCUPANCY. i BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSP C APPROVALS �l � ., ot 3 t 1 EATING INSP TION APPROVALS ENGINEERING DEPARTMENT rii(Iwiti, 1412Le� . I i 2. " \BOARD HEALTH OTHER: SITE PLAN AEVIEW APPROVAL D , l b WORK SHALL NOT P CEED U TIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE iTlOnl .� � . _ f" i 9� 4 y ' TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION c lam 0040e.P Map Parcel Permit# ? ' Health Division JDate Issued LA Conservation Division l0l1 VT ,O� Application Fee9A_ r Tax Collector �0D3 0 Permit Fee _ �� Treasurer — �- 3' SEPTIC SY `— M MU�`BE v STALLED I OMPL%CE Planning Dept. 1�. WIT TLE 5 � — RONMEN AL C0 AN Date Definitive Plan Approved by Plan mg Board TOWN RE ULXJ(ryV�S U 4 -e l-e <S� `�tJ Historic-OKH �- Preservation/Hyannis 1 rn Project Street Address Me- Village n w 7J i Owner :_C. �Ss w S r Address ® �3-m-y, 7�6 -f Telephone Permit Request E Ada Le- A_ r in a Square feet: 1 st floor: existing_ proposed 2nd floor: existing proposed Total ' w Fl Zoning District E6 Flood Plain ul" Groundwater Overlay Project Valuation WS t0© Construction Type W IDOC�l Lot Size 10,U qJ SQv kY Grandfathered: SrYes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family EA Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes' ❑No On Old King's Highway: ❑Yes ❑No Basement Type: §kFull ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new I Half:existing new Number of Bedrooms: existing new Total Room Count(not including baths): existing new First Floor Room Count a Heat Type and Fuel: &Gas ❑Oil ❑Electric ❑Other Central Air: ;YYes 0 No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage:❑existing ❑new size Pool: 0 existing ❑new size Barn:❑existing ❑new size Attached garage:0 existing ❑new size Shed:0 existing ❑new size Other: t Zoning Board of Appeals Authorization ❑ Appeal# Recorded 0 Commercial ❑Yes ❑No If yes, site plan review# Current Use Proposed Use BUILDER INFOR7hone ON Name TelNumber Address icense# Home Improvement Contractor# orker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS OJECT WIL BE TAKEN TO SIGNATURE DATE 3Ll FOR OFFICIAL USE ONLY PERMIT NO. - DATE ISSUED _c MAP/PARCEL NO' r ADDRESS VILLAGE OWNER � T DATE OF INSPECTION: ._ FOUNDATION fO-A? FRAME XA 07 Q A qP INSULATION /A/S (/ gl/a �d f� O/c FIREPLACE X " ;z ELECTRICAL: ROUGH FINAL ` ;} PLUMBING: ROUG-6 in : FINAL m s GAS: ROU C FINAL - FINAL BUILDING 9 ` 2 m 0 DATE CLOSED OUT % "' M 0 ASSOCIATION ELAN NQ C? s t i The Commonwealth of Massachusetts iDepartment of IndustriatAccidents 6601 Washington Street _ Boston,Mass. 02111 Workers'..Com ensation.7iisnrance Affidavit-General Businesses ouim s,�'r;•xa;�v+v. :.tta e•'TtiFA',r a's.,. - , .,,• .'•••'}.. �.'�,' . � •aSi"�attl Ate *6 address - state:' a hone# _ _. .. . work site location fall address :' [] I am.a sole proprietor and have no oat; $psiness�rPe. 0ffice� SalPs�includin R E te,Autoss etc.)' working in any capacity. -'11 �. (including . I am an em tih o %/%/% /y�/%%%%////rt//////////%�/%/////O%/%%/ : //%!/r/%// 1 %viding v�orkers' cbm�ensation for my employees workin&on this job. ; I am an:pn .Yer pt ,;• •r {. ;,,•. . ' '::1:�'stt}i:s?' .�'r;�. .. ..F. •'�.` •^ •.,f:.'•••••,'s.i:t'3,•.1'.' �: '��' _,;::i�Yi:'. '.ti.' .li:: '.�i, '•-'f•':.'•,.::- COIII�Bn ''9IIIet. ys.: 'r..r...yt':.t +i '. ':'rw:•ie �• t�!e:Yr• {',•'.:t`'�i.;.: �,{"• ' 'tji : ��. ;r.• ri. t:�.,t•.k'.y�: ...r..� ",•t.>•:-: •rR.:.. ::i•t:r'.•' :1'r: �.,}epf��i�td+a.'..::�::,.'a .'j•�Xe•.�k�,'•!T t•:,1 p ad'r6s: 777 L•t' .., ir, .;a�,.r,rk+�y• :y.i, i,: :ti + ..:j•::si:•••%' ••i,:' {..d•: ,t. 'ry•'' ,�''•' �;:' r', :;':., .1:• ly: •Ci• :'i. +,�`t, .I'; 't ,,,f• .r•.. itrv'1".i a r'r r •N't- -,r• ,..l:r` i :.,.,`,• '•'C.'.6 n!.•,.i•:,.i'1%a:s 1:•,• 0 1c, '•.t•.•::i: :.•':.,:: ,•.• u + .insurance da. I' IF am a sole proprietor and'have hired the independent contractors listed below who have the following workers' compensation polices: : ' • .+ ,l COW 9II fiII1C, ' :S :j t ! '• i. :.t.,y�a:tly, ..`.i., i.l''1: .:�'!.••. i"l'r '.t'. ,4ii:i�i'f :v,-''I• :'•:::�!f� i ,�:, t ,;: Itti..:lL:yA•:•: •saazes9:. •t. _ 1 'Crr '.VF l:':I:. :1. •r:':`.r r:.�v:��f. •'f`f,!'•)Y•r::: .t '%�" ':'ur:,'a•: '�•ii.. •r�i'•'"�•yi'..i^ �'f 1.Fit _,;r,ti•• . .. .t.i-e.y+.•:i:�:,lNt•'.i:fY :•',,.x,: '�.4•w L:.r':" .. insurance'Co. :eE t i; .:c,'r.l% ;�l�j•1•�I' •'t" :,F:�• �e"i: .•' t• '�.t,,i'1`:a•}: '�" + :ri.�.ati•+•� i S.i'i •�'• ,•ra.-.f:.{si •.fF •''!"•r'•• ,'t :t:. 'r•~•.'Y$,'.i..:••,..':' 'L .S}'t ''i: K. Cl' i irr .:. y n•• }(::a:`i •� y¢j.,t: !'• e. :•�::1'•:ti};s': •Fp til,, r'{ :;-�a: ;:;: tr' 'a, .,•:.� •1r '• 'P••. r•:;..• .; :Piir is.i:stet:' {;:.'.'4,�e:.0.�.a'. ''OZ1C•.•:ft a•f-.r•• •;�. :.i i i Failure to secure coverage as requited and Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one years'imprisonment as well as c o the Office of Investigations STOsPof the D ORX ORDER A for and a fine ver of$100.00 a day against me, I understand that X copy of this statement maybe fo I do hereby certify u penalties of perjury that the information provided above is true and orr L Date Signature �+^ . ®�, '� • . Phone# �b Print name ~official we only do not write in this area to be completed by city or io vm official permittliceuse# ❑Building Department City or town: []Licensing Board ❑Selectmen's Office [}cheekif immediate response is required ❑Health Department phone#; []Other contact person: (�waed Sept 1003) . r ' Information and Instructions • 'to ers to rovrde�workers ensatioa far'their•. Gederal Laws'. 152 section 25 requires all emg y P , Massachi?setts.. , employee$, As quoted-from the f`Igv/' an employee is.defined as every person m the s 'ce of another under any contract of hire; express or implied; the or written. association, corporation or other legal entity, or any two or rngr•e of An employer is defined as an individual,partnership, the foregoing engaged in&joint enerprse,and including the legal representatives of a deceased,employer,or the-receiver or trustee of an individual,partnership,,association or other legal entity, employing employees. 'However.the,owuer of a dwelling house having-not'niore than three apartments and-who resides therein, or the:occupant,bf the dwelling house bf another who.emplbj�s•pe?sbn to-do.maintcripce, construction or repair work on such dwelling house 6r on the grounds or o shall not because of such employmerrt.be deemed to be ari.employer. burgling appurtenant theret IvIGL chapter 152 section 25 also'states fhat'every state'or local licensing-agency shall withhold the Issuance dr renewal of a license or permit.to operate a business or to construct buildings in the.6nunonwealth for any applicant who has not produced accept able.evidenee•of compliance with the insurance coverage required.* Additionally;neither'the' ' commonwealth nor.any.of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with t�e insurance requirements of this chapter have been presented to the contracting • authority. Applicants Please fifi irr the workers''eoensat affidavit completely,by checking the box that applies to your situation.,Please supply company name address and phone numbers along with a certificate of insurance as all affidavits maybe submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the - adavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accideuts. Should you have any questions regarding the"law"or if you are required to obtain a:workers'-compensationpplicy,please call the Depaitrrient at the number listed.bc;low. City or Towns . Please be sure that the affidavit is complete andprinted legibly. The Department has provided a space at the bottom of the out in the event the Office of Investigations has to contact you regarding the applicant. Please affidavit for you to fill be sure to fill n the permit/hcense number wh?ch will b'e used as a reference number. The.affidavits maybe returned to the Department b'mail or FAX unless othei•' ariangements have been made.- The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: . :•• •. •• ,- ' , The Commonwealth Of Massachusetts Department of Industrial Accidents clan of fesestfgMns 600 Washington Street ' Boston,Ma. 02111 fax#: (617)727-7749 _,,,......4. f4lrn P79"7_Aonn aw4 AnK Affidavit of Substantial Financial Interest I, �Yi ;. ` ofir-wT w�� i . , on oath depose and state as follows: 1. 1 am an applicant for a building permit for the property located at M Parcel . The address of the properly is �u�- V �''C 2. 1 have — _% legal or equitable interest in the real property which is the C subject of the building permit application which is identified in paragraph 1 above. 3. Within in the last twelve months from today's date, which is , the following individuals or entities have had a 1% or greater legal or quitable interest in the real property which is the subject of the building permit application which is identified in paragraph 1 above: Name Address 4. Within the last twelve months, from today's date,which is 16 , I have had A4:a 1% or greater legal or equitable interest in the following properties which have been the subject of a building permit application: Map/Parcel _Address 5. Within this calendar year, I have submitted I building permit applications for property in which I have a 1% or greater legal or equitable interest. g. Within the last ten days, I have submitted building permit applications for property in which I have a 1% or greater legal or equitable interest. 7. Within this month, I have submitted D building permit applications for property in which I have a 1% legal or equitable interest. , g, Within this month, I have received 0 building permits for property in which I have a 1% legal or equitable interest. Signed under the pains and penalties of perjury is 3 day of 3 , 2000 2oo1-oo5o/affin 1 0/LOTTERY/AFFIDAVIT I RESIDENTIAL BUILDING PERMIT FEES APPLICATION FEE New Buildings,Additions $50.00 Alterations/Renovations $25.00 Building Permit Amendment $25.00 FEE VALUE WORKSHEET NEW LIVING SPACE ' i v V square feet x$96/sq.foot= x.0031= r� �• plus from below(if applicable) ALTERATIONSMENOVATIONS OF EXISTING SPACE _square feet x W/sq.foot plus from a ob 11 w(if applicable) ACCESSORY STRUCTURE>120 sq.ft >120 sf-500 sf $35.00 ' >500 sf-750 sf 50.00 >750 sf-1000 sf 75.00 >1000 sf-1500 sf 100.00 >1500 sf-Same as new building permit: x.0031= square feet x$96/sq.foot= STAND ALONE PERMITS Open Porch x$30.00= (number) Deck _x$30.00= Fireplace/Chimney x$25.00= (number) Inground Swimming Pool $60.00 Above Ground Swimming Pool $25.00 Relocation/Moving $150.00 (plus above if applicable) permit Fee ptojcost r ALBERT J. SCHULZ 21566St.1tr ATTORNEY AT LAW WILLIAM CHARLES PLACE 7 PARKER ROAD OSTERVILLE, MASSACHUSETTS 02655-2034 TELEPHONE(508)428-0950 FACSIMILE(508)420-1536 March 11, 2004 Samuel C. Traywick Craigville Realty P.O. Box 216 West Hyannisport, MA 02672 VIA FAX: (508) 771-5336 Re: 23 Melbourne Street, WestKyannisport Dear Sam: I have examined the title to the real estate at 23 Melbourne Road ("Locus") and the adjoining parcels at 35 Melbourne Road, 33 Candlewick Lane and 45 Candlewick Lane, West Hyanniport from January, 1980 to the present to determine whether any parcels have merged with Locus for zoning purposes. Based on my examination and the information you have furnished, I render the following opinion: 1. Locus contains 10,492 square feet; 2. Locus is located in a RB residential zoning district and a Wellhead Protection Overlay District (WP); 3. Locus first became nonconforming in February, 1985, when the minimum area requirement was increased from 10,000 square feet to 43,560 square feet(1 acre). 4. At no time since February, 1985 has Locus been held in common ownership with the parcels at 35 Melbourne Road or 33 Candlewick Lane. 5. Locus and 45 Candlewick Lane were held in common ownership under the name of Jose Amaral and Maria C. Amaral from November 20, 1981, when 21566st.Itr Jose and Maria Amaral purchased Locus (Book 3398, Page 186), until November 21, 1987, when the Amarals conveyed Locus to Jose Amaral, Trustee of the Amaral Family Trust at Book 6036, Page 024.' 6. Jose and Maria Amaral are not the beneficiary or beneficiaries of the Amaral Family Trust. 7. Since Locus was transferred into separate ownership (i.e., the beneficiary or beneficiaries of the Amaral Family Trust is someone other than Jose and Maria Amaral) within five (5) years of the effective date of the zoning change Locus is afforded the protection of Section 4-4.2(2) entitled Common Lot Protection. 8. Assuming the above facts, Locus is a separate building lot for zoning purposes. I should note that even though Locus may be considered a separate building lot for zoning purposes, Locus would be subject to Board of Health regulations, which may restrict Locus to a one-bedroom dwelling. Further, Locus is in a Wellhead Protection Overlay District and subject to Lot Coverage (25% or 2,500 square feet, whichever is greater can be rendered impervious) and Site Clearing.(minimum 30% of lot maintained in its natural state) provisions of Section 3-5.2(7). Please review this and give me a call at your convenience. Sincerely, Albert J. #Iz �� AJS/jfs 'Jose and Maria Amaral purchased 45 Candlewick Lane on January 5, 1973,by deed recorded in Book 1799,Page 324. J a `j eood799 mi 324 03446 I r CAPE ALVA CORP. a duly organized corporation established un- der the Laws of the Commonwealth of Massachusetts, having its usual place of business at 17 Mossdale Road, Jamaica Plain, District of Boa- ton, County of Suffolk, Massachusetts., for consideration paid in the sum of $30,500.00, grants to JOSE' AMARAL and-XXUR= CXQ=A AMARAL,. i I husband and wife, as tenants by the entirety, of Hyannis, County of Barnstable, Massachusetts, with quitclaim covenants the following:- A certain Lot of land with building thereto situated in the Town of Barnstable, (Hyannisport), Barnstable County, Massachusetts, known as and referred to as Lot #45 on a Plan of Land entitled "Sub- division Plan of Land, Barnstable, Massachusetts, Straightway, Scale 1"-501, 14th January, 1971, Robert G. McGlone, Surveyor and Engineer, Main Street, West Barnstable, Massachusetts for C. K. M. Associates", said plan filed with Barnstable County Registry of Deeds, Plan 2501 Page 143. Said premises are hereby conveyed subject to Protective Coven- ants as set forth in instrument dated June 10, 1972, recorded with Barnstable County Registry of Deeds as Instrument No. 16123. For title reference see Deed of S. Anthony Realty, Inc. to GRANTOR recorded and Deed to S. Anthony Realty, Inc., dated July 7, 1972, from James E. Killett, at al, Trustees of C. K. M. Realty Associates, recorded with said Barnstable Deeds, in Book"1688, Page 086. IN WITNESS WHEREOF, said CAPE ALVA CORP., has caused its i e. 4 a l � ' 1 1 (2) BunK rx, 323 corpurate seal to be hereto affixed and these presents to be signed, acknowledged, and delivered in its name and behalf by SALVATORE A. �'r�TIU• * 1 FOTI, its PRESIDENT, this Sth dayof January, 1973. 0 ' o� r VP CAPE ALVA CORP. BY. A A. FOTI, PRESIDENTi 4 COMMONWEALTH OF MASSACHUSETTS JANUARY 5, 1973 MIDDLESEX, SO. Then personally appeared the above-named SALVATORE A. FOTI, PRESIDENT, and acknowledged the foregoing instrument to be the free act and deed of CAPE ALVA CORP., bef a me. , . S AN, NOTARY PUBLIC MY COMMISSION EXPIRESs 10/29/76 ^' I OMM.0"WrAITl; or t.'1.`'!'.;IU.'.!f.'S ! t�l fir.. /IUA i M 1 1 - I 1 • ' 69 5 i 1 i . i j f [,JL 17g9 taL� 32 CERTIFICATE OF VOTE JANUARY 5, 1973 I, HRANT H. RUSSIAN, duly elected, qualified, and acting Clerk of CAPE ALVA CORP., hereby certify that at a separate special meeting of the Stockholders of the said Cape Alva Corp., and at a separate special meeting of the Board of Directors Of the said Cape Alva Corp., held on January 5, 1973, at eight (8:00 p.m.) o'clock in the evening, at 17 Mossdale Road, Jamaica Plain, District of Boston, County of Suffolk, commonwealth of Massachusetts, all of the Stockholders be- ing present and voting throughout at the said Stockholders Meeting, and all of the Members of the Board of Directors being present and voting throughout at the Directors Meeting, it was unanimously; VOTED: That the said CAPE ALVA CORP. convey Lot #45, shown of Plan recorded with Barnstable Registry of Deeds, in Plan 250, Page 143, being in Hyannisport, Barnstable County, Massachusetts to JOSE' AMARAL, ET UX, for $30,500.00, and that SALVATORE A. FOTI, PRESIDENT of the said CAPE ALVA CORP., is and be hereby authorized and empower- ed in the name of said CAPE ALVA CORP., to execute, seal, acknowledge, and deliver a Deed, and any and all documents and instruments that 1 he may deem best to consummate the aforesaid. And I further certify that SALVATORE A. FOTI is the duly elected, qualified, and acting PRESIDENT of CAPE ALVA CORP., and that the above stated vote has not been rescinded, altered, or amended We respect and is now in full force and effect. '*•` !* ATTEST: �1r BRANT H. RUSSIAN, CLERK - 1� h!,b` RECORQED FE® ,j i 3, a. . BOOK33%PAGE 186 . ._. . 322-13 NAYYACHUYaTT'Y QUITCLAIM DEED SHORT PORN(INDIVIDUAL)881 ' 1 i YOUNG C. Cl[ANG AND OCK SOON CHOI CHANG, husband and wife, as Tenants I by the Entirety, both of North Attleboro Bristol County,Massachusetts ; ire[o�mmv cfor consideration paid,and in full consideration of Ten Thousand Five Hundred Dollars ($10,500,00) I 9rants to JOSE AMARAL and MARIA C. AMARAL, husband and wife as Tenants y the Entirety of 45 Candlestick'Lane Hyannisport, MA with 4addatut lrMuunts thelandin Barnstable (Hyannisport), Barnstable County, Massachusetts more particularly described as follows: XOR A certain parcel of land situated in the Town of Barnstable (Hyannisport), Barnstable County, Massachusetts, known and referred to as Lot 46, on a plan of land entitled "Subdivision Plan of Land, Barnstable, Massachusetts, Straightway, Scale 1" = 50', 14th January 1971, Robert G. McGlone, Surveyor and Engineer, Main Street, West Barnstable, Massachusetts For C.K.M. Associates, said plan is .filed with Barnstable County Registry of Deeds, Plan Book 250 Page 143. Said premises are hereby conveyed subject to Protective Covenants as set forth in instrument dated June 10, 1972, recorded with Barnstable County Registry of Deeds as Document No.. 16123 insofar as now in force and applicable. This conveyance is made together with the right of way over Melbourne Road, Sugar Lane and Candle Wick Lane as they appear on said plan. For title to LOT 46 see deed of Cape Alva Corporation to Grantors dated May 14, 1973, and recooded Barnstable County Registry of Deeds in Book 1858 Page 117. r_,..:..•.< ° COMMONW>A.r�: Cc NASSAi HUSET3 �t1a?6a •••OMK,band s and scab this-.-._2.crti_.__._day _...... Nauemb,t r..._ 19_El_ Xoung C. ang Ock Soon Choi Chang tII(:e Qluauaaamlrali� of �eatfrgar)>dte • 6RRt451n8L� as. AtoV• Zo 1981 Then personally appeared the above named YoudC C. clfR jC a.,.L tocfC Sooty eNaf ele4'e6 and aclmowledged the foregoing instrument to be`Mttn. free act and deed,before me el �psfAt p L.CHASWf NotagPublic J 4Y�FfIG7i e M7 commimion e+Pua /d /6 19 8 7— . (+Individual—Joint Tepaots—Tenants in Common.) CHAPM 10 SBC.6 AS ABOMED BY CHAFM 497 OF 190 j Every deed presented for twrd"contaln or have endoned open it the full name,zeikknce and post ottwe addrae of&e anotce Nld a recital of the-mount of the brit no sidecaden tbemof In dolh=or the nature of the other aomidaation therefor if not ddiraed for a apcd6c monmr�sum.The full ooasidentiou shall men the total ptice for the amve7snce without dodaction for soy lien or taauabtaom usumed b/_the gnueee or remsido8 therms.AB so&endonancuts and tedub shall be iccoa d as pact of the deed. Failure to complf with this section shall Dot seat the vdldit7 of any dood.No segisoer of deeds shalt accept a doed for recording®len it is in compliance with the repivemmD of this swioo f RECORDED Nov 20 8 1 _ , BGGK6030PAGE 024 ' "9932 JUSE AMARAL AND MARIA C. AMARAL, husband and wife, as Tenants by the Entirety, both County,Massachusetts 5; of 45 Candlewick Lane, Hyannisport, Barnstable in consideration of NOMINAL CONSIUERA'1'IUN i grant to JOSE AMARAL, Trustee of the Amaral Family Trust, under a Declaration of Trust dated October 36,1987 and recorded at the Barnstable Registry of Deeds herewith. of 45 Candlewick Lane., Hyannisper+, MA, with quitclaim cottettunts the land in Barnstable (Hyannis-p g) , Barnstable County, Massachusetts more particularly described as follows, A certain parcel of land -situated in the Town of Barnstable w' (Hyannisport) , Barnstable County, Massachusetts, known and referred to as Lot 46, on a plan of land entitled "Subdivision Plan of Land, Barnsta�ite,Massachusetts, Straightway, Scale 1"=50' , 14th January t. Engineer - I , 1971, Robert G. McGlone,. Surveyor and , Main Street, West i Barnstable, Massachusetts For C.K.M. Associates, said plan is ., filed with Barnstable County Registry of Deeds, 'Plan Book 250 Page I' 143. Said premises are hereby conveyed subject to Protective Covenanti h as set forth in instrument dated June 10, 1972, recorded with j Barnstable County Registry of Deeds as Document No. 16123 insofar as now in force and applicable. a This conveyance is made together with the right of way over Melbourne Road, Sugar Lane and Candlewick Lane as they appear on said plan. For title to LOT 4.6see deed of Young C. Chang, et ux to Grantors dated November 20,1981, and recorded at Barnstable County. Registry of Deeds in Book 3398 Page 186. T.I day of November. :2 1 19 87 Executed u a sealed instrument this it r, MARIA. C. AMARAL J SE AMARAL--------------- `a i iii the anntmo"Wealth of Anssuchueetts ea November Barnstable 19 81 Then,personally appeared the above named Jose Amaral and Maria C. Amaral i i and sckriowicdged the foregoing instrument to he their free act and deed, lJcfore me, �K I� � WILLIAM A. PRICE JR, Nol Mlfe ary 1hr J cadre of rr e Peare ' My commission expires January 2�, 19 93 REL�rOEO NOV 84 8 7 d r B06036ME 020 79©01 ; p_F,CLARATION OF TRUST Dated: <3 Q�fober 3Di/9�7 ' Place of Recording: <> Barnstable County Registry of Deeds they 1, The undersigned hereby DECLARE ARE that propertyd that imay ube cessars in trust will -hold any transferred to them as Trustees hereunder for the sale benefit of i the persons hereinafter called the beneficiaries whose names are ! set forth in a Schedule of Beneficial Interests signed by the Trustees in the proportions therein set forth. The trust estab- lished hereunder shall be known as the <> Amaral Family Realty Trust 45 Candlewick Lane,, Hyannisport, MA 02647 � g, The Trustees shall hold the principal of this trust, but the income therefrom shall be paid directly to or for the benefit of the beneficiaries. and the Trustees shall pay over the princi- pal pursuant to the directions of the beneficiaries. Always subject to the direction of the beneficiaries (end as to such direction a certificate of the Trustees delivered pursuant to Paragraph 6 shall be conclusive). the Trustees shall have full power and authority to borrow money and execute and doliver notas or Other evidence of such borrowing and to sell, convey, assign i or mortgage or ,otherwise dispose of all or any part of the trust ' property) E to xecute a lease or sublease of all o :by one or more Leases r any part for a term or terms which may ex- thereof ible termination of the trusts to tend beyond the date of any pass grant or acquire rights or easements and enter into agreements or arrangements with respect to the trust propertyt to acquire prop- erty and leasehold interests in-property. Pro_ vida4, that the Trustees shall not be required to take any action so directed by the beneficiaries which will in the opinion of the Trustees in- volve them in any personal liability unless first indemnified to the satisfaction of the Trustees and that the duties of the Trus- tees in case of termination of the trust, as provided below, shall not be subject to contrary direction by the beneficiaries. 3. The Trust may be terminated at any time by the benofi i- cries, or any one or more of them. by notice in writing to the Trustees or by the Trustees by notice in writing to the benef(20) ariesi and the trust shall terminate in any event twenty (20 r years after the death of the last survivor of the Trustees here- inbelow named. In case of any such termination, the Trustees shall transfer and convey the entire trust estate, free and dis^ {i charged of trusts,•, but subject to any leases. mortgages+ con- _,, tracts, or other encumbrances on the trust estate, to the benef(- ,r :t• aoor,6036racE. 021 R ciaries as tenants in common in proportion to their respective " interests. 4. Any Trustees hereunder may resign by written instrument � . signed and acknowledged by such Trustee and recorded in said r ` place of recording. Succeeding or additional, trustees may be appointed or any Trustee removed by. an instrument or' instruments f in writing signed by all of the beneficiaries and acknowledged by one or more of them, provided in each case that such instrument or instruments or a certificate by any Trustee naming the Trustee or Trustees appointed or removed, and in the case of an appoint— ment the acceptance in writing by the Trustee or Trustees ap pointed, shall be so recorded. Upon the appointment of any sue— ceeding or additional trustee, the title to the trust estate ;t shall thereupon and without the necessity of any conveyance be lasted in said succeeding or additional trustee jointly with the existing Trustee or Trustees, if any. Any succeeding or addi— tional trustee shall have all the rights, powers, authority and f privileges as if named as an original trustee hereunder. No Trustee shall be required to furnish bond. This Declaration of Treat may be amended from time to time by an instrument in writ— ing signed by the then Trustees hereunder and by all of the bane— ficiaries and acknowledged by one or more of them, provided in 1 each case that the instrument or amendment or a certificate by ! ! any Trustee setting forth the terms of such amendment shall be j recorded in said place of recording. . I 5. No Trustee hereunder shall be liable for anything done i or omitted to be done by him in good faith, but shall be respon— sible only for his own willful breach of trusty and not for the a. I acts, receipts, neglects or defaults of any other Trustee, or of any person employed by him, nor of any bank, trust company, broker or other person with whom or into whose hands any monies i or other thing of value may be deposited or come, nor for any defect in title of any property acquired. The Trustees hereunder j shall be entitled to indemnity out of the assets of the Trust i against any liability incurred in the execution of the terms and provisions hereof. "f b. No license of court shall be requisite to the validity -! of any transaction entered into by the Trustees, and the Trustees j shall have full power and authority to execute all deeds, notes, mortgages, leases, contracts and other instruments necessary or proper to carry.such transactions into effect. No purchaser or „ lender shall be under any liability to see to the application of the purchase money or of any money or property loaned or deli— vered to the Trustees or to see that the terms and conditions of this trust have been complied with. Every instrument executed by a person who according to the records in said place of recording appears to be a Trustee hereunder shall be conclusive evidence .in favor of every person relying thereon or claiming thereunder that i at the time of the delivery. thereof this trust is in full force and effect and that the Trustees were duly directed by the bene— ficiaries to execute and. deliver the same. Any person dealing ' r BooK6036 PAGE 022 with the trust property or the Trustees may always rely on a certificate signed by any person appearing from the aforesaid J records in said place of recording to be a Trustee hereunder as 'fl to whether or not this Declaration of Trust has been terminated, as to who are the beneficiaries hereunder, or as to the existence or nonexistence of any fact or facts which constitute conditions precedent to acts by the Trustees or are in any other manner germane to the affairs of the trust. . 7. Except to the extent provided in Paragraph S. no act or omission of the Trustees, and no instrument executed by the Trus- tees, or any of them, shall create or impose on the Trustees any personal liability. . e. The trust estate shall be directly liable for .the pay— Mont or satisfaction of all obligations and liabilities incurred by the Trustees and agents of this trust within the scope of their authority. Although the Trustees, as Trustees, may be made parties to any suit or proceeding to enforce any such obligation or liability, they shall not on account thereof be held to any personal liability therein but shall be parties only insofar as is necessary to enable such obligation or liability to be en— forced against the trust estate. No beneficiary, trustee or agent of ..this trust shall be held to any personal liability what—soever, in tort, contract or otherwise, in connection with the affairs of this trust, save only that arising from his own will— ful misconduct, knowingly and intentionally committed, and all persons shall look solely to the trust estate for satisfaction of 'I claims of any nature arising in connection with the affairs of this trust. With respect to all agreements, obligations, instru— ments and actions in regard to the affairs of this trust, the' Trustees, as such Trustees, and not individually, and not the beneficiaries or agents shall be the principal and entitled as such to enforce the *same, collect damages and take all other action. All such agreements, obligations and instruments shall refer to this Declaration. Failure to comply with the provisions of this section, shall, however, in no event render any Trustee, beneficiary or agent personally liable to this trust or its bens— ficiaries. 9. The term "Trustees" when used in this instrument shall include both the singular and the plural where the context so permits and shall mean the Trustees from time to time in office, pronouns in the masculine shall include the feminine and the i neuter where the context so. permits. All documents other than a i certificate issued pursuant to Paragraph b which may be executed by any trustee, executed pursuant. hereto shall require the signa— ture of all the Trustees then in office. WITNESS the execution hereof under seal by the Trustees here— _ under the day and year first above written. ;'� t •u .yn P s e ad Afsaral, Trustee . ,f —3— —' —e 5=6036eacf 023 Trustees as C> aforesaid i 1I • COMMONWEALTH OF MASSACHUSETTS Ij f IJer 311 ' «arnstable ss. <> OC , 19C> 87 t ! Then personally appeared .the above—named C>Jose Amaral _ and <> 3 and acknowledged the foregoing instrument to be <> his *hwiv j free act and deed, before me. ! 1 A , /t/ilh4w I. net�Sr„ Nat y-Public My commission expires: ��=193 1;. N 5 —4— RECORDED NOV 24 at r .. AMARAL FAMILY REALTY TRUST Restated Schedule of Beneficial Interests Beneficiary Beneficial Interest Loren Tavares Amaral 100 % The terms of said Amaral Family Realty Trust a/k/a Amaral Realty Trust,dated October 30, 1987, are hereby restated and approved and the above-named beneficiary,in consideration of the execution at her request of said Trust by the Trustee therein named,for herself and her heirs and assigns, said beneficiary agrees with said Trustee (a) to be bound by said Trust, (b) to save said Trustee and his successors and assigns harmless and indemnified from and against all claims and demands of every name and nature which he may suffer or incur by reason of this Trusteeship, unless caused by his willful act or default, and (c) to reimburse said Trustee(s) promptly upon request for all costs and expenses,including his reasonable compensation,incurred or suffered by him. This restatement is being executed on this day,because the original Schedule of Beneficial Interests, executed simultaneously with the Declaration of this Trust on October 30, 1987,is lost. The undersigned affirm that the named beneficiary and her percentage of beneficial interest has remained unchanged to date. WITNESS the execution hereof under seal as of the day of March, 2004. ?A-1 Awl JoSi ,TRUSTEE AS *JR.FA S WW Z A L, AFORESAID BENEFICIARY AS AFORESAID Conmonwea M of MassaclusfM Bamsabfe,S.S. oato S-a?t7U u '•a Then pej$cnai y 7ared tfta above named I YrfC.� /1/IYjt�jj _ L— ira:c!urowiadged:f:e!uregaing nstrument to oe nusrner � T— {r a a^ rem deed.before me _ ti �� • R!chard Petrone,Notary Public 1,.;. _mmissson expires h9ayi 9.2008 WITNESS TO BOTH SIGNATURES I! .:., -.. ..::_� fir`: ,,:.; :.. .'.. '•� SMOKE DETECTORS O.K. ' 1 BARNSTABLE BUILDING DEPT. �L•f f� Iil __ l , t .S d r „ a eh, a. }� I{ d rml+e.sl �trp�xrcoy I ta1K� ^,' s 41- , °� �wdrgxi �. •mac a'JMxx>, .: $ J'p ea. '�:e t y*,. w�-•-•,r "to,®ns g-p4de' III spin. J� Y a � q r -' .-..- .. .._ i..::� .....':: ...... .. ..t �ell^l1ry eS+i:1: 1.yau_.�'Gl fdC4 W4(AtJr'1, ✓I,peLi2WICmJ3?{<FIP 1 :�±KV JfY.¢4a,>ilW r ' Permit Number REScheck Compliance Certificate Checked By/Date Massachusetts Energy Code REScheckSoftware Version 3.5 Release le Data filename: C:\Program Files\Check\REScheck\#4103.rck PROJECT TITLE:New Custom Ranch CITY:Hyannis STATE: Massachusetts HDD: 6137 CONSTRUCTION TYPE: 1 or 2 Family,Detached HEATING SYSTEM TYPE: Other(Non-Electric Resistance) DATE: 03/22/04 DATE OF PLANS:06-21-2001 a PROJECT DESCRIPTION: 23 Melbourne Road Hyannis,Ma. 02601 DESIGNER/CONTRACTOR: Tate Isenstadt P.O.Box 796 West Hyannisport,Ma. 02672 PROJECT NOTES: MaCheck by Cape Cod Insulation INC. #4103 COMPLIANCE:Passes Maximum UA= 183 Your Home UA= 177 3.3%Better Than Code(UA) Gross Glazing Area or Cavity Cont. or Door Perimeter R-Value R-Value U-Factor UA Ceiling 1:Flat Ceiling or Scissor Truss 672 38.0 0.0 20 Wall 1: Wood Frame, 16"o.c. 982 13.0 0.0 66 Window 1: Wood Frame:Double Pane with Low-E 118 0.340 40 Door 1: Solid 20 0.280 6 Door 2: Solid 20 0.260 5 ` Door 3: Solid 20 0.400 8 f Floor 1: All-Wood Joist/Truss:Over Unconditioned Space 672 19.0 0.0 32 Furnace 1:Forced Hot Air, 82.7 AFUE COMPLIANCE STATEMENT: The proposed building design described here is consistent with the building plans,specifications, and other calculations submitted with the permit application. The proposed building has been designed to meet the Massachusetts Energy Code requirements in REScheckVersion 3.5 Release le (formerly MECchecl and to comply with the mandatory requirements listed in the RESchecklnspection Checklist. . 1`he heating load for this building,and the cooling load if appropriate,has been determined using the applicable Standard Design Conditions found in the Code. The HVAC equipment selected to heat or cool the building shall be no greater than 125%of the design load as specified in Sections 780CUR 1310 and J4.4. Builder/Designer Date REScheck Inspection Checklist v Massachusetts Energy Code REScheckSoftivare Version 3.5 Release le DATE: 03/22/04 PROJECT TITLE: New Custom Ranch Bldg. Dept. Use I Ceilings: [ ] I 1. Ceiling 1:Flat Ceiling or Scissor Truss,R-38.0 cavity insulation Comments: I Above-Grade Walls: [ J I 1. Wall 1: Wood Frame, 16"o.c.,R-13.0 cavity insulation Comments: Windows: [ ] I 1. Window 1: Wood Frame:Double Pane with Low-E,U-factor: 0.340 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break? [ ]Yes [ ]No Comments: I Doors: [ ] I 1. Door 1: Solid,U-factor: 0.280 Comments: [ ] I 2. Door 2: Solid,U-factor: 0.260 Comments: [ ] I 3. Door 3: Solid,U-factor:0.400 Comments: I Floors: [ ] I 1. Floor l: All-Wood Joist/Truss:Over Unconditioned Space,R=19.0 cavity insulation Comments: I Heating and Cooling Equipment: [ ] I 1. Furnace 1:Forced Hot Air, 82.7 AFUE or higher Make and Model Number I Air Leakage: [ ] I Joints,penetrations,and all other such openings in the building envelope that are sources of air leakage must be sealed. [ ] I When installed in the building envelope,recessed lighting fixtures shall meet one of the following requirements: 1. Type IC rated, manufactured with no penetrations between the inside of the recessed fixture and ceiling cavity and sealed or gasketed to prevent air leakage into the unconditioned space. 2. Type IC rated,in accordance with Standard ASTM E 283,with no more than 2.0 cfm(0.944 L/s)air movement from the the conditioned space to the ceiling cavity. The lighting fixture shall have been tested at 75 PA or 1.57 lbs/ft2 pressure difference and shall be labeled. I Vapor Retarder: [ ] I Required on the warm-in-winter side of all non-vented framed ceilings,walls,and floors. I Materials Identification: [ ] I Materials and equipment must be identified so that compliance can be determined. [ ] I Manufacturer manuals for all installed heating and cooling equipment and service water heating equipment must be provided. Insulation R-values,glazing U-factors, and heating equipment efficiency must be clearly marked on the building plans or specifications. I Duct Insulation: [ ] I Ducts shall be insulated per Table MAT 1. I Duct Construction: [ ] I All accessible joints, seams,and connections of supply and return ductwork located outside conditioned space,including stud bays or joist cavities/spaces used to transport air, shall be sealed using mastic and fibrous backing tape installed according to the manufacturer's installation instructions. Mesh tape may be omitted where gaps are less than 1/8 inch. Duct tape is not permitted. [ ] I The HVAC system must provide a means for balancing air and water systems. I Temperature Controls: [ ] I Thermostats are required for each separate HVAC system. A manual or automatic means to partially restrict or shut off the heating and/or cooling input to each zone or floor shall be provided. I Heating and Cooling Equipment Sizing: [ ] I Rated output capacity of the heating/cooling system is not greater than 125%of the design load as specified in Sections 780CMR 1310 and AA Circulating Hot Water Systems: [ ] I Insulate circulating hot water pipes to the levels in Table 1. I Swimming Pools: [ ] I All heated swimming pools must have an on/off heater switch and require a cover unless over 20% of the heating energy is from non-depletable sources. Pool pumps require a time clock. I Heating and Cooling Piping Insulation: [ ] I HVAC piping conveying fluids above 120 OF or chilled fluids below 55 OF must be insulated to the levels in Table 2. f - TableP,Minimum Insulation Thickness for Circulating Hot Water Pipes. Insulation Thickness in Inches by Pipe Sizes Heated Water Non-Circulating Runouts Circulating Mains and Runouts Temperature(F) Up to 1" Up to 1.25" 1.5"to 2.0" Over 2" 170-180 0.5 1.0 1.5 2.0 140-160 0.5 0.5 1.0 1.5 100-130 0.5 0.5 0.5 1.0 Table 2: Minimum Insulation Thickness for HIVAC Pipes. Fluid Temp. Insulation Thickness in Inches by Pipe Sizes Piping System Types Range(F) 2"Runouts 1"and Less 1.25"to 2" 2.5"to 4" Heating Systems Low Pressure/Temperature 201-250 1.0 1.5 1.5 2.0 Low Temperature 120-200 0.5 1.0 1.0 1.5 Steam Condensate(for feed water) Any 1.0 1.0 1.5 2.0 Cooling Systems Chilled Water,Refrigerant, 40-55 0.5 0.5 0.75 1.0 and Brine Below 40 1.0 1.0 1.5 1.5 NOTES TO FIELD (Building Department Use Only) �FIKE T Town of Barnstable Regulatory Services BnRNsraBLE, : Thomas F.Geiler,Director y tKnss. $ i639• Building Division TED AAp't A Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: P/` e r go( AK Ili tS number // L _/ street G village "HOMEOWNER':�q�� D ._lc)c (il -l7I o ( G I .5-bF p— / name home phone# work phone# CURRENT MAILING ADDRESS: city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to.allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"ho r"certifies that he/she understands the Town of Barnstable Building Department minimum inspectio ores and requirements and that he/she will comply with said procedures and requirements. Signature of o eo r Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forms:homeexempt rl 1 1 � 0 i � h N N )a N+s +..t1T'ssv ��+e .arse tev ear so us. w>rii.e-r a>>ss sre�oo'.av a oe m oea war»'as ( - .c>s sar ltt.a+J.r �>1 ar.'aa w,wn.'sre • s.fX+r►I Ges ppp M.4 L.lOe 4.t1.'ar-I I rw q r?a» asen'w'r /Ier 6lr,/p M u� n.., ueatt're' r•ar wstir'+e-a wr w>-ae•n-a 4,eae'aci Est,- G Pali°�o� fte.�atsrb -Tohil s•Lyens .7i. ,r."' �.\..'....«>,. h� i •,. r •� �'» ,.� a ,Ta`.rY _ _ -- f _t'_�-. -': �+�^ \_ »aN� =\1, 1,2650 it L Aw Lk A410 Lanze Co p- -os snd ef fs � 1! e/� gJsocims as f p• - N' [F/rJrG= VAWY 14JA UNAW/97/ /wPQvefaraevy M.as. �±R-15Xh97Z5 0 �- -'' arcel Details Page 2 of 3 .> C�4 A✓1 L K/i e Outbuildings& Extra Features Description Units Appraised Value Assessed Value Fireplace 1 $2,600 $-2,600 Shed 100 $700 $700 Ownership History Owner Book/Page Sale Date Sale Price AMARAL, JOSE & MARIA C ► 1799/324► $0 1 2004 Tax Information: Tax Rates: (per$1,000 of valuation) Town Tax $ 1,461.47 Town Fire District Rates 6.61 Barnstable 2.01 Hyannis FD Tax $448.83 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $43.84 Hyannis 2.03 West Barnstable 1.36 Due to rounding differences these Total: $ 1,954.14 values may vary Other Rates Land Bank 3% of Town Tax Building Sketch f A: ffi Sketch Legend BAS First Floor,Living Area SFB Semi Finished Living Area BMT Basement Area(Unfinished) TQS Three Quarters Story(Finished) CAN Canopy UAT Attic Area(Unfinished) Attic Area(Finished) Half Story(Unfinished) http://www.town.bamstable.ma.us/Webmap/assessorsK/dataviewk.asp?mappar=268243 4/13/2004 Parcel Details Page 3 of 3 FAT UHS FCP Carport UST Utility Area(Unfinished) FEP Enclosed Porch UTQ Three Quarters Story(Unfinished) FHS Half Story(Finished) UUA Unfinished Utility Attic FOP Open or Screened in Porch UUS Full Upper 2nd Story(Unfinished) FST Utility Area(Finished Interior) WDK wood Deck FTS Third Story Living Area(Finished) FUS Second Story Living Area(Finished) GAR Garage GRN Greenhouse PTO Patio By using this site,you are agreeing to the following terms and conditions. DATA SOURCES: Assessing information is based on FY2003 data. NOTE:The parcel lines on the map are only graphic representations of property boundaries. They are not true locations,and do not represent actual relationships to physical objects on the map. For more detailed information on map data sources and accuracy,click on the hyperlinks in the map legend. Developed by Town of Barnstable Information Systems Department-GIS Unit. Send comments or suggestions to gis(a)town.barnstable.ma.us http://www.town.bamstable.ma.us[Webmap/assessorsK/dataviewk.asp?mappar=268243 4/13/2004 -*Parcel Details Pagel of 3 Back Home I Government Departments Data below is based on Fiscal Year 2004 Assessor's database.. Details for Map 268 Parcel 243 Property Location Acreage 45 CANDLEWICK LANE 0.25 Owner of Record AMARAL, JOSE & MARIA C 45 CANDLEWICK LN HYANNIS, MA 02601 Appraised Value Assessed Value Buildings $88,500 $88,500 Extra Building Features $2,600 $2,600 Outbuildings $700 $700 Land $ 129,300 $ 129,300 Total $221,100 $221,100 Construction Detail Style Ranch Model Residential Grade - Average Stories 1 Story Exterior Wall Wood Shingle Clapboard Roof Structure Gable/Hip Roof Cover Asph/F GIs/Cmp Interior Wall Drywall Interior Floor Carpet Vinyl/Asphalt Heat Fuel Gas Heat Type Hot Water AC Type None Bedrooms 3 Bedrooms Bathrooms 1 1/2 Bathrms Total Rooms 5 Rooms Building Valuation Living Area 1144 Replacement Cost $ 104,162 Year Built 1973 Depreciation 15 Building Value $88,500 http://www.town.bamstable.ma.usAVebmap/assessorsK/dataviewk.asp?mappar=268243 4/13/2004 _parcel Details Page 2 of 3 - r Outbuildings& Extra Features Description Units Appraised value Assessed Value Ownership History Owner Book/Page Sale Date Sale Price AMARAL, JOSE TRS 6036/024f 11/15/1987 $ 1 AMARAL, JOSE t' 3398/ 186 $0 2004 Tax Information: Tax Rates: (per$1,000 of valuation) Town Tax $778.66 Town Fire District Rates 6.61 Barnstable 2.01 Hyannis FD Tax $239.13 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $23.36 Hyannis 2.03 West Barnstable 1.36 Due to rounding differences these Total: $ 1,041.15 values may vary Other Rates Land Bank 3% of Town Tax Building Sketch No sketch is available for this parcel. Sketch Legend BAS First Floor,Living Area SFB Semi Finished Living Area BMT Basement Area(Unfinished) TQS Three Quarters Story(Finished) CAN Canopy UAT Attic Area(Unfinished) FAT Attic Area(Finished) UHS Half Story(Unfinished) FCP Carport UST Utility Area(Unfinished) FEP Enclosed Porch UTQ Three Quarters Story(Unfinished) FHS Half Story(Finished) UUA Unfinished Utility Attic FOP Open or Screened in Porch UUS Full Upper 2nd Story(Unfinished) FST Utility Area(Finished Interior) WDK wood Deck FTS Third Story Living Area(Finished) FUS Second Story Living Area(Finished) GAR Garage GRN Greenhouse PTO Patio B using this site,you area agreeing to the following terms and conditions. Y 9 Y 9 9 DATA SOURCES: Assessing information is based on FY2003 data. NOTE:The parcel lines on the map are only graphic representations of property boundaries. They are not true locations,and do not represent actual relationships to physical objects on the map. For more detailed information on map data sources and accuracy,click on the hyperlinks in the map legend. Developed by Town of Barnstable Information Systems Department-GIS Unit. http://www.town.bamstable.ma.us/Webmap/assessorsK/dataviewk.asp?mappar=268244 4/13/2004 --� `i'arcel Details Page 1 of 3 Back I Home I Government Departments Data below is based on Fiscal Year 2004 Assessor's database.. Details for Map 268 Parcel 244 Property Location Acreage 23 MELBOURNE ROAD 0.23 Owner of Record AMARAL, JOSE TRS AMARAL FAMILY TRUST 45 CANDLEWICK LN HYANNIS, MA 02601 Appraised Value Assessed Value Buildings $0 $0 Extra Building Features $0 $0 Outbuildings $0 $0 Land $ 117,800 $ 117,800 Total $ 117,800 $ 117,800 Construction Detail Style Vacant Land Model Vacant Grade Stories Exterior Wall Roof Structure Roof Cover Interior Wall Interior Floor Heat Fuel Heat Type AC Type Bedrooms Bathrooms Total Rooms Building Valuation Living Area 0 Replacement Cost $0 Year Built 0 Depreciation 0 Building Value $0 http://www.town.bamstable.ma.us/Webmap/assessorsK/dataviewk.asp?mappar=268244 4/13/2004 ALBERT J. SCHULZ 21566st.ltr ATTORNEY AT LAW WILLIAM CHARLES PLACE, 7 PARKER ROAD OSTERVILLE, MASSACHUSETTS 02655-2034 TELEPHONE(508)428-0950 FACSIMILE(508)420-1536 March 11; 2004 Samuel C. Traywick Craigville Realty P.O. Box 216 West Hyannisport, MA 02672 VIA FAX: (508) 771-5336 y Re: 23 Melbourne Street, West Myannisport Dear Sam: I have'examined the title to the real estate at 23 Melbourne Road ("Locus") and the adjoining parcels at 35 Melbourne Road,.33 Candlewick Lane and 45 Candlewick Lane, West Hyanniport from January, 1980 to the present to determine whether any parcels have merged with Locus'for zoning purposes. Based on my examination and the information you have furnished,I render the following opinion: 1. Locus contains,10,492 square feet; 2. Locus is located in a RB residential zoning district and a-Wellhead Protection Overlay District (WP); 3. Locus first became nonconforming in February, 1985, when the minimum ' area requirement was increased from 10,000 square feet to 43,560 square feet(1 acre). ' 4. At no time since February, 1985 has Locus been held in common ownership with the parcels at 35 Melbourne Road or 33 Candlewick Lane. 5. Locus and 45 Candlewick Lane were held in common ownership under the name of Jose Amaral and Maria C. Amaral from November 20, 1981, when V 21566st.ltr - Jose and Maria Amaral purchased Locus (Book 3398, Page 186), until November 21, 1987, when the Amarals conveyed Locus to Jose Amaral, Trustee of the Amaral Family Trust at Book 6036, Page 024.' 6. 'Jose and Maria Amaral are not the beneficiary or beneficiaries of the 'Amaral Family Trust. 7. Since Locus was transferred into separate ownership (i.e., the beneficiary or beneficiaries of the Amaral Family Trust is someone other than Jose and Maria Amaral) within five (5) years of the effective date of the zoning change Locus is afforded the protection of Section 4-4.2(2) entitled Common Lot Protection. 8. Assuming the above facts, Locus is a separate building lot for zoning purposes. I should note that even though Locus may be considered a separate building lot for zoning purposes, Locus would be subject to Board of Health regulations, which may restrict Locus to a one-bedroom dwelling. Further, Locus is in a Wellhead Protection Overlay District and subject to Lot Coverage (25% or 2,500 square feet, whichever is greater can be rendered impervious) and Site Clearing (minimum 30% of lot maintained in its natural state)provisions of Section 3-5.2(7). Please review this and give me a call at your convenience. Sincerely, Albert J. Schulz AJS/j fs F 1Jose and Maria'Amaral purchased 45 Candlewick Lane on January 5, 1973,by deed recorded in Book 1799,Page 324: f Barnstable Assessing Search Results Page 1 of 2 Nam. ik Home: Departments:Assessors Division: Property Assessment Search Results K 23 MELBOURNE ROAD Owner: AMARAL,JOSE TRS Property Sketch Legend Map/Parcel/Parcel Extension NO Sketch is available for this pal 268 /244/ Mailing Address AMARAL,JOSE TRS AMARAL FAMILY TRUST 45 CANDLEWICK LN HYANNIS, MA.02601 2004 Assessed Values: Appraised Value Assessed Value Building Value: $0 $0 Extra Features: $0 $0 Outbuildings: $0 $0 Land Value: $ 117,800 $ 117,800 Interactive Property Map:Ma requires Plug in: E�'jrek For Totals:$ 117,800 $ 117,800 1 have visited the maps before ,- Fir: Show Me The Map April 2001 photos available -- - Sales History: Owner: Sale Date Book/Page: Sale Price: AMARAL,JOSE TRS 11/15/1987 6036/024 $ 1 a AMARAL,JOSE 339`8/186 $0 ` � � 1�g 2004 Tax Information: Tax Rates: (per$1,000 of valuation) 1� Town Tax $778.66 Town Fire District Rates Other Rates 6.61 Barnstable 2.01 Land Bank 3%of Town Tax Hyannis FD Tax $239.13 C.O.M.M. .1.10 Cotuit 1.52 Land Bank Tax $23.36 Hyannis 2.03 West Barnstable 1.36 Total: $ 1,041.1.5 Due to rounding differences these values may vary Land and Building Information http://www.town.barnstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing... 5/11/2004 Barnstable Assessing Search Results Page 2 of 2 a� Land Building Lot Size(Acres) 0.23 Year Built 0 Appraised'Value $ 117,800 Living Area 0 Assessed Value $ 117,800 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... 5/11/2004 Barnstable Assessing Search Results Page 1 of 2 " ( d� a �- C.J-G' /rG-iJ' GYJ lam" n. .w Home: Departments:Assessors Division: Property Assessment Search Results . 45 CANDLEWICK LANE Mam Owner: AMARAL,JOSE&MARIA C Property Sketch Legend Map/Parcel/Parcel Extension 268 /243/ Mailing Address AMARAL,JOSE&MARIA C U� �� - `a�,5�� 0 �- 45 CANDLEWICK LN HYANNIS,MA.02601 x a ` MTV ` 2004 Assessed Values: Appraised Value Assessed Value A` Building Value: $88,500 $88,500 Extra Features: $2,600 $2,600 Outbuildings: $700 $700 Land Value: $ 129,300 $ 12.9,300 Interactive Property Map: Map requires Plug in: tC;1i For Totals:$221,100 $221,100 1 have visited the maps before Show Me The Map MOP-- April 2001 photos available Sales History: Owner: Sale Date Book/Page: Sale Price: AMARAL,JOSE&MARIA C 1799/324 $0 2004 Tax Inforrnation: Tax Rates: (per$1,000 of valuation) Town Tax $ 1,461.47 Town Fire District Rates Other Rates 6.61 Barnstable 2.01 Land Bank 3%of Town Tax Hyannis FD Tax $448.83 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $43.84 Hyannis 2.03 West Barnstable 1.36 Total: $ 1,954.14 Due to rounding differences these values may vary http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing... 5/11/2004 Barnstable Assessing Search Results Page 2 of 2 ,r Land and Building Information Land Building Lot Size(Acres) 0.25 Year Built 1973 Appraised Value $ 129,300 Living Area 1144 Assessed Value $ 129,300 Replacement Cost$ 104,162 Depreciation 15 Building Value 88,500 Construction Details Style Ranch Interior Floors CarpetVinyl/Asphalt Model Residential Interior Walls Drywall Grade Average Heat Fuel Gas Stories 1 Story Heat Type Hot Water Exterior Walls Wood ShingleClapboard AC Type None Roof Structure Gable/Hip Bedrooms 3 Bedrooms Roof Cover Asph/F GIs/Cmp Bathrooms 1 1/2 Bathrms Total Rooms 5 Rooms Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL1 Fireplace 1 $2,600 $2,600 SHED Shed 100 $700 $700 Property sketch Legend BAS First Floor,Living Area FST Utility Area.(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area(Unfinished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) f http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing... 5/11/2004 A F�Y C, � BABN9fABIE, � p ���$ 203 A!;!J —4 Not 2: 18 Town of Barnstable Zoning Board of Appeals Decision and Notice Dupont Appeal 2003-70—Appeals of the Building Commissioner Undersized lots under separate control/ownership Summary: Overruled Building Commissioner Petitioner: Roger Dupont Property Address: 6 Conant Lane&43 Three Ponds Drive,Centerville,MA Assessor's Map/Parcel: Map 193 as Parcels 186 and 185 .Zoning: Residential C Zoning District Relief Requested&Background: Appeals 2003-70 and 71 are dealing with the subject of merger of adjoining undersized lots. The subject lots are both 0.35-acres in size. • Parcel 183 (Developer's Lot No.41) is developed with a one-story,three-bedroom, 1,632 sq.ft.single- family dwelling,built in 1978 and is addressed 43 Three Ponds Drive. • Parcel 186 (Developer's Lot No.40) is vacant and is addressed as 6 Conant Lane. The lots were created by a 1976 subdivision plan,recorded in Book 558,Page 114. The lots met the zoning requirements of the Residence C Zoning District when created. Those requirements remained unchanged until 1985 with the adoption of one-acre minimum lot area for all zoning districts in the Town. Roger A.Dupont and Diane J.Dupont,husband and wife,purchased developer's Lot 41 on March 16, 1979. Rodger A Dupont purchased developer's Lot 40,on May 25, 1979. On February4,2003,the applicant,through his attorney,Mr.John F.Thibbitts requested a Zoning Compliance Certificate from the Building Commissioner with reference to the buildability of the vacant parcel addressed as 6 Conant Lane,Centerville. Included with that letter was a review of the ownership of the abutting lots and attached documents. On February 11,2003 and again by certified mail on March 11,2003,the Building Commissioner issued his` opinion that"because lot 41 is owned byhusband and wife and lot 40 is owned bythe husband,Roger Dupont had control of both of the lots. Therefore,the lots have not been held in separate ownership or in separated control." In accordance with MGL Section 6,the lot 40 would therefore have merged after five years from the 1985 zoning change with lot 41 and the two would be considered as one developed lot for zoning purposes. On April 10,2003,the March 11,2003 decision of the Building Commissioner was appealed to the Board. That appeal was taken in a timely fashion as prescribed in Section 15 of MGL Chapter 40A. The essence of the Building Commissioner's denial was based upon the term"control." Section 4-4.2(5) of the Town of Barnstable Zoning Ordinance states: "5)Merged Lots: Except as otherwise provided herein,lawfully nonconforming lots that are adjoining and held in common ownership,or under the control of the same owner,shall be treated so as to conform so far as possible with the minimum area requirement of the zoning district in which they are located." A memorandum in support of the applicant's appeal of the Building Commissioner was submitted. In that memorandum,the applicant is contending that the parcel is protected in two instances. The first being Section 4-4.2(5) in that the word"control"is further modified bythe words "of the same owner." The second point being made is-with reference to Section 4-4.2 (2) and the so-called`vesting'language that reads: "The protection afforded by this paragraph shall become vested upon the sale or transfer of the lot so protected into ownership separate from that of adjoining lots or the building thereon of a residence:' In this instance,the reasoning is that a dwelling was constructed on one of the lots and that this language then would protect the adjoining vacant lot from merger with the house lot. The above determination is the substance of which is Appeal 2003-70,the appeal of the Decision of the Building Commissioner. In his decision,the Commissioner contends that two adjoining undersized lots are under common control and therefore would have merged for the purposes of zoning. Procedural&Hearing Summary: Thus appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on April 10, 2003. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A The hearing was opened May 21,2003 at which time the Board found that the two lots were in separate ownership and to overrule the Building Commissioner's decisions. Board Members deciding this appeal were;Ron S.Jansson,Gail Nightingale,Richard Boy,Randolph Childs and Chairman Daniel M. Creedon. AttomeyJohn F.Tibbitts represented the applicant. He addressed the Building Commissioner's decision, presenting a brief history of the property ownerships. He noted the issue is that of lot protection and the `vesting'of rights in separate ownership. Mr.Tibbitts stated that the one lot is built upon and they are not under identical ownerships. One lot is owned as tenants by entirety and the other by an individual. ( The Board commented that historically they have held that ownership must be identical to be the same. It was also noted that the Lots have been taxed at full value—as buildable. Public comment was requested and no one spoke in favor or in opposition to the request. Findings of Fact At the hearing of May21,2003,the Board unanimously made the following findings of fact: 1. Roger Dupont has appealed to the Zoning Board of Appeals the March 11,2003,decision of the Building Commissioner that the subject undersized lots have not been held under separate control and have merged for the purposes of zoning. The subject property is located as shown on Assessor's Map 193 as Parcels 186 and 185 addressed 6 Conant Lane and 43 Three Ponds Drive,Centerville,MA in a Residence C Zoning District. 2. Appeal 2003-70 deals with the subject of merger of adjoining undersized lots. The subject lots are both 0.35-acres in size. Parcel 186 (Developer's Lot No.41) is developed with a one-story,three-bedroom, 1,632 sq.ft.single-family dwelling,built in 1978 and is addressed 43 Three Ponds Drive. Parcel 185 (Developer's Lot No.40) is vacant and is addressed as 6 Conant Lane. 3. The lots were created by a 1976 subdivision plan,recorded in Book 558,Page 114. The lots met the zoning requirements of the Residence C Zoning District when created. Those requirements remained unchanged until 1985 with the adoption of one-acre minimum lot area for all zoning districts in the Town. 2 4. Prior to the zoning change, Roger A. Dupont and Diane J. Dupont, husband and wife, purchased developer's Lot 41 on March 16, 1979. Rodger A Dupont purchased the adjoining parcel, 186, developer's Lot 40,on May25, 1979. 5. On February4,2003,the applicant requested a Zoning Compliance Certificate from the Building Commissioner with reference to the buildabilityof the vacant parcel addressed as 6 Conant Lane, Centerville. 6. The Building Commissioner issued his opinion that"because lot 41 is owned by husband and wife and lot 40 is owned bythe husband,Roger Dupont had control of both of the lots. Therefore,the lots have not been held in separate ownership or in separated control" 7. There is no common ownership. The husband and wife own the first lot and solely Roger Dupont owns the second lot. 8. There is no merger of the two lots,no common control of ownership: Decision: Based on the findings of fact,a motion was duly made and seconded to overrule the Building Commissioner in that the lots are not under identical ownership and are not under the control of the same individual. The vote was as follows: AYE: Ron S.Janson,Gail Nightingale,Richard Boy,Randolph Childs and Daniel M. Creedon NAY: None Ordered: In Appeal 2003-070 the ruling of the Building Commissioner with regards to 6 Conant Lane and 43 Three Ponds Drive,Centerville,MA has been overturned. Appeals of this decision,if-any,shall be made pursuant to MGL Chapter 40A,Section 17,within twenty(20) days after the date of the filing pf this decision. A copy of which must be filed in the office of the Town Clerk u 1.8d 200 aniel M.Creedon,Chairman Date Signe I,Linda Hutchenrider,Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk Signed and sealed this dajof under the pain and penalties of perjury. 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Owner and address data taken from Assessor's database November 2002. Mappar Ownerl Owner2 Address 1 Address 2 City State Zip Country r 173038 LUONGO,CAROLINE A TR FIRST REALTY TRUST 64 GEORGE ST DFORD IMA 102155 JUSA J-4 173039 OHARE,WILLIAM F&JOANN M 74 HITCHING --7CENTERVILLE IMA 02632 POST LN P3140 RULL,EILEEN C 60 HITCHING CENTERVILLE IMA 1026i--PSA­ POST RD 173041 HATFIELD,SUSAN M 148 HITCHING CENTERVILLE MA 02632 USA POST LN 3 173050 MARKWOOD CORP %FORTIER,DENNIS&HARRISON,N 62 THREE CENTERVILLE MA 02632 USA PONDS DR 173051 1HEGARTY,MICHAEL J& �HEGARTy,MARIANNA 52 THREE CENTEVILLE MA 02632 PONDS DR m 173052 STONE,LAWRENCE A JR 65 THREE CENTERVILLE MA 02632 PONDS DR � k 173053 BEAUCHAINE,KAREN K 55 THREE CENTERVILLE MA 02632 USA f PONDS DRIVE 173054 SMITH,DENNIS M&SUSAN W 20 CONANT CENTERVILLE IMA 02632 USA LANE , 17.3055 MCISAAC,MAE A 29 CONANT LN CENTERVILLE MA 02632 USA .r 173056 DAVIDSON,ABBOTT R&UNA E 19 CONANT LN CENT"RVILLE jMA 02632 USA 9 173069 ISTEELE,KENNETH L&ROSEMARY 66 THREE CENTERVILLE MA 02632 PONDS DR 173070 SILVA,ALBERT L JR&WALTER J P O BOX 471 CENTERVILLE TMAT632 173074 CURLEY,DAVID ANNE I CURLEY 81 THREE CENTERVILLE ::7"32 USA PONDS DR 173075 MEADE,RICHARD S&THERESA. 83 THREE CENTERVILLE IMA 02632 USA PONDS DRIVE 173076 CARTMILL,WILLIAM A& KAYE-CARTMILL,LAURIE E 33 CONANT CENTERVILLE MA 02632 USA LANE 173077 BESTFORD,JAMES P 31 CONANT LN CENTERVILLE MA 02632 Tuesday,April 29,2003, Page 1 of 2 Mappar Ownerl Owner2 Address 1 Address 2 City State Zip Country 192001 MEDEIROS,J CRAIG BARBARA J MEDEIROS 78 LINDEN ST HYANNIS MA 02601 USA 193178 CHANNEL DEVELOPMENT CORP 10/-MESSNER,CHARLOTTE ROBERTS 1255CAPN CENTERVILLE IV 02632 USA I-'CROSBY RD 193179 FINGADO,PHILIP C DOREEN G FINGADO 241 CAPN CENTERVILLE MA 02632 USA CROSBY RD [781 BLAZIS,SCOTT G&DIANA E J_ 4 THREE CENTERVILLE MA 02632 PONDS DR 193182 MAILLOUX,ROBERT J JR P O BOX 2297 CENTERVILLE MA �02634 USA • IVEACH, NNE R 28 THREE CNTERVILLE193183ANDS MA 02632 USA DRIVE 193184 DASTI,DIANE&STEPHEN f v 31 JANICE RD •' ISTOUGHTON MA 02072 W 1193185 DUPONT,ROGER A DIANE J DUPONT 43 THREE CENTERVILLE MA 02632 USA PONDS DR 0 193186 DUPONT,ROGER A 43 THREE CENTERVILLE IMA �02632 USA PONDS DR a 193187 LUONGO,CAROLINE A TR ]�B��AL RLTY TRUST 64 GEORGE ST MEDFORD IMA 02155 USA -- s 1193188 IMURPHY,LINDA J -F 60 PADLOCK CENTERVILLE MA 02632 USA LANE i93189 LEE,PATRICK&J VERONICA 70 PADLOCK CENTERVILLE MA 02632 USA ✓ LANE 193190 CHASE,SIDNEY L&EILEENB �BEARSJ TAIN S YARMOUTH # RD rs 193191 DELYON,EDITH M 90 PADLOCK CENTERVILLE IMA 02632 USA s: LANE T 193192 HILDEBRANDT,DONA M 19 THREE CENTERVILLE MA 02632 USA PONDS DRIVE 193193 KAUPP,HERBERT R& KAUPP,ROSEMARY P 225 PATRIOT CENTERVILLE IMA 112632 WAY 193194 MAYO,JOSEPH L&ELAINE F 3 BROWNING ARLINGTON IMA 02476 RD �193195 EDDY,MERLE C&BARBARA T 199 PATRIOT CENTERVILLE MA 02632 USA f WAY 193196 PIERCE,JAYNE E 189 PATRIOT CENTERVILLE MA 02632 USA WAY f 193197 HOLDEN,JANE M 179 PATRIOT CENTERVILLE ]MA 102632 WAY Tuesday,April 29,2003 ��} U Page 2 of 2 I dF tNE tq� . The Town of Barnstable • .eiuvereaiE, i6`� �gB' Department of Health Safety and Environmental Services Ma+" Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Buildin;Commissioner May 1, 1995 Michael P. Morizio, Esquire 92 Oak Street Mansfield, MA 02048 Re: Your zoning complaint/enforcement request 23 Melbouine Road;Hyannis,•MA Lot shown on Tax-Assessor's Map 268 As adjoining lots 243 & 244 Dear Attorney Morizio: I have reviewed your request for enforcement action of Lot 244 off Candlewick Lane I owned by the Amarals, and I must turn down your complaint. The reason for this is the fact that while I agree that the lot being offered for sale by the Amarals is not a grandfathered lot, until someone files for a building permit, there is no administrative action I can take. You have the right to appeal this decision and, if you wish, we will be more than happy to assist you. Sincerely, ' r Ralph M. Crossen Building Commissioner RMC/km fi cc: The Amarals l Q950501 B Law Office of WILLIAM E. CROWELL,JR. 49 E(m Avenue Hyannis,Massachusetts 02601 WILLIAM E.CROWELL,JR. Tef. (508).775-1576 *SAMUEL H.CROWELL 775-2204 *a(so adinitted in the state of Washington September 16, 2002 Fax: (508) 790-0309 Building Inspector Town of Barnstable RE: 23 Melbourne Road, West Hyannisport, MA I have examined the record title to Lot 46 as shown on a plan of land entitled: "Subdivision Plan of Land, Barnstable, Massachusetts, Straightway,Scale 1"=50', 14'h January, 1971,Robert G. McGlone, Surveyor and Engineer, Main Street, West Barnstable, Massachusetts for C.K.M. Associates", which plan is duly filed with Barnstable County Registry of Deeds in Plan Book 250, Page 143. Lot 45 was convened by Cape Alva Corp. to Jose Amaral and Marih C. Amaral, by deed dated January 5, 1973, duly recorded with the Barnstable County Registry of Deeds in Book 1799, Page 32.4, the record title-holder to date. Lot 46 was conveyed by Young C. Chang et us to Jose Amaral and Marih C.Amaral, by deed dated November 20, 1981, duly recorded with said Deeds in Book 3398, Page 186. The said Jose Amaral and Marih C. Amaral, conveyed to Jose Amaral, Trustee of the Amaral Family Trust, by deed dated November 21, 1987, duly recorded with said Deeds in Book 6036, Page 24,the record titleholder to date. Lot 47 was conveyed by Beatrice A. Busam to William F. McGrath, Jr., by deed dated October 1, 1976, duly recorded with said Deeds in Book 2427, Page 111, and was then conveyed to the present owners, Richard F. Looney et ux by deed dated October 25, 1978, duly recorded with said Deeds in Book 2807, Page 264. Lot 44 is presently in the name of Lili Seely, by deed dated December 31, 1996, duly recorded with said Deeds in Book 10553, Page 286, and has never been owned by Jose Amaral and Marih C. Amaral. It would appear of record Lot 46 has been in separate ownership since November 21, 1987. Enclosed, please find copies of the deed to each of the properties to the current owners and a copy of the subdivision plan. All lots in the subdivision are approximately of equal size. Copies of the assessing records are included herewith for lots located at 6, 148, 158& 168 Melbourne Road, West Hyannisport, Massachusetts. Very truly yy William E. WEC/law Encs. To,wn of Barnstable Assessors Division Page 1 of 4 , ..� .,. .. P +:.r �� .�.. _-� � i,. ��. / ,...►--_ � .-,-,a ter.. Your Location : Home : Town Departments : Administrative Services :Assessors Division Property Results <<Back-Forward>> Friday,August 23,2002 Assessors Division- Property Results Data is based on Fiscal Year 2002 Assessor's Fiscal Year 2002 Assessed Values database and is provided for information Tax Information purposes only. Sales History Land and Building Description <<Search Ayain Construction Details Out Buildings&Extra Features Building Sketch 148 MELBOURNE ROAD Map/ Parcel/Parcel Extension: Mailing Address: 267/159/ CANNATELLI,A JOSEPH & DONNA S Owner of Record: CANNATELLI, A JOSEPH & DONNA S 220 ASH ST Property Location: WEST NEWBURY, MA 01985 148 MELBOURNE ROAD Parcel ID:267159 VI Map Fiscal Year 2002 Assessed Values "Too Appraised Value Assessed Value Building Value $ 108,500 $ 108,500 Extra Features: $ 3,000 $ 3,000 Outbuildings. $0 $ 0 Land Value: $41,900 $41,900 http://town.barnstable.ma.us/ComeOnIn/Departments/Administrative_Services/FinanceDivision/AssessorsDivision/AssessorsDB/T 8/23/2002 Town of Barnstable Assessors Division Page 2 of 4 s Totals: $ 153,400 $ 153,400 Tax Information ^Top Town Tax . $ 1,420.48 Tax Rates(per$1,000 of valuation) HYANNIS FD TAX $ 389.64 Town 9.26 Fire District Rates Land Bank Tax $42.61 Barnstable 2.61 C.O.M.M 1.38 Cotuit 1.69 Total: $1,852.73 Hyannis 2.54 W. Barn. 1.54 Total does not include special assessments- Other Rates Land Bank 3% of Town Tax Due to rounding differences these values are approximate. Sales History !Top Owner: Sale Date: Book/Page: Sale Price: COLACE, OLINTO A 1687/ 125 $ 0 CANNATELLI, A JOSEPH & DONNA S 7/14/2000 13127/ 341 $ 151,500 CHANNELL DEVELOPMENT CORP 2/10/2000 12824/ 303 $35,000 COLACE,ANTONIA 3/2/1999 12097/ 175 $44,000 Land and Building Description "Top Land Building Lot Size(Acres): 0.23 Year Built:2000 Appraised Value:$41,900 Living Area: .1469 Assessed Value: $41,900 Replacement Cost: $ 108,502 Depreciation:0 :Building Value:$ 108,500 Construction Details "Top http://town.barnstable.ma.us/ComeOnWDepartments/Administrative_Services/FinanceDivision/AssessorsDivision/AssessorsDE... 8/23/2002 Town of Barnstable Assessors Division Page 3 of 4 Style; Cape Cod Interior Walls: Drywall Model: Residential Interior Floors: Carpet Grade:Average Grade Heat fuel: Gas Stories: 1 1/2 Stories Heat Type: Hot Air Exterior Wails Clapboard AC Type: None Roof Structure: Gable/Hip Bedrooms:2 Bedrooms Roof Cover:Asph/F GIs/Cmp Bathrooms:2 Bathrooms Total Rooms: 5 Rooms Outbuildings& Extra Features ^Top Code Description Units/SO FT Appraised Value Assessed Value FPL Fireplace 1 $ 3,000 $ 3,000 Building Sketch ^Top 1ZA FT-1 Map Sketch Legend http://town.barnstable.ma.us/ComeOnIn/Departments/Administrative_Services/FinanceDivision/AssessorsDivision/AssessorsDE... 8/23/2002 T:oWn of Barnstable Assessors Division Page 4 of 4 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 UU'A 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) L� Back - Home Departments Town Information ! Contact Town Hall Website Developed and Maintained internally by the Town of Barnstable Information Systems Department Town Hall-367 Main Street- Hyannis,MA-02601 -508-862-4000 DISCUUMER: 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 20010 Town of Barnstable. All Rights Reserved. http://town.bamstable.ma.us/ComeOnIn/Departments/Administrative_Services/FinanceDivision/AssessorsDivision/AssessorsDE... 8/23/2002 T. Town of Barnstable Assessors Division Page 1 of 4 An �i1 QA Ze 4!7 V k#.4 A -E- onA Your Location : Home : Town Departments Administrative Services : Assessors Division : Property Results <<Back-Forward>> Friday,August 23, 2002 Assessors Division- Property Results Data is based on Fiscal Year 2002 Assessor's Fiscal Year 2002 Assessed Values database and is provided for information Tax Information purposes only. Sales History Land and Building Description <Search Again Construction Details Out Buildings&Extra Features Building Sketch 168 MELBOURNE ROAD Map/ Parcel/Parcel Extension: Mailing Address: 267/157/ BLED, ALFRED A TR Owner of Record: BAYVIEW REALTY TRUST BLED, ALFRED A TR 28 PEACHTREE RD Property Location: MARSTONS MILLS, MA 02648 168 MELBOURNE ROAD Parcel ID:267157 ems+ hifap Fiscal Year 2002 Assessed Values "Tog Appraised Value Assessed Value Building Value: $ 77,300 $ 77,300 Extra Features: $ 2,600 $ 2,600 Outbuildings: $ 0 $ 0 Land Value: $41,900 $41,900 http://town.bamstable.ma.us/ComeOnIn/Departments/Administrative_Services/FinanceDivision/AssessorsDivision/AssessorsDB/i 8/23/2002 Town of Barnstable Assessors Division Page 3 of 4 Style: Ranch interior Walls: Drywall Model: Residential interior Floors: Carpet Grade:Average Grade Heat Fuel: Gas Stories: 1 Story Heat Type: Hot Air Exterior Walls Wood Shingle AC Type:None Roof Structure: Gable/Hip Bedrooms:3 Bedrooms Roof Cover:Asph/F GIs/Cmp Bathrooms:2 Bathrooms Total Rooms: 6 Rooms Outbuildings& Extra Features "Top Code Description UnitsJSQ FT Appraised Value Assessed Value FPL1 Fireplace 1 $2,600 $2,600 Building Sketch ^Top � W III 8 Bit ei Map Sketch Legend http://town.bamstable.ma.us/ComeOnIn/Departments/Administrative_Services/FinanceDivision/AssessorsDivision/AssessorsDE... 8/23/2002 'Town of Barnstable Assessors Division Page 2 of 4 Totals: $121,800 $121,800 Tax Information ^Top Town Tax $ 1,127.87 Tax Rates (per$1,000 of valuation) Town 9.26 l-1YANNIS FD TAX $ 309.37 Fire District Rates Land Bank Tax $ 33.84 Barnstable 2.61 C.O.M.M 1.38 Cotu it 1.69 Total: $1,471.08 Hyannis 2.54 W. Barn. 1.54 Total does not include special assessments- Other Rates Land Bank 3% of Town Tax Due to rounding differences these values are approximate. Sales History ^Top Owner: Sale Date: Book/Page: Sale Price: ROBERTS, HOWARD ANTHONY 3/15/1996 10089/ 051 $ 95,000 BLEAU, ALFRED A TRS 9/15/1984 4274/ 120 $ 0 BLEAU, ALFRED A 6/15/1983 3766/ 157 $42,500 BLEU, ALFRED A TR 4/27/2000 12972/272 $23,000 STATHOPOULOS, JAMES W TR 11/8/1999 12651/222 $ 1 Land and Building Description ^Top Land Building Lot Size(Acres): 0.23 Year Built: 1973 Appraised Value:$41,900 Living Area: 1200 Assessed Value: $41,900 Replacement Cost: $90,950 Depreciation: 15 Building Value:$77,300 Construction Details ^Top http://town.bamstable.ma.us/ComeOnIn/Departments/Administrative_Services/FinanceDivision/AssessorsDivision/AssessorsDE... 8/23/2002 Town of Barnstable Assessors Division Page 4 of 4 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) Back - Home Departments I Town Information I Contact Town Hall Website Developed and Maintained internally by the.Town of Bamstable Information Systems Department Town Hall-367 Main Street- Hyannis,MA-02601 -508-862-4000 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 20010 Town of Barnstable. All Rights Reserved. http://town.bamstable.ma.us/ComeOnIn/Departments/Administrative_Services/FinanceDivision/AssessorsDivision/AssessorsDE.. 8/23/2002 Town"of Barnstable Assessors Division Page 1 of 4 �A l 619. Your Location : Home : Town Departments Administrative Services :Assessors Division : Property Results <<Back -Forward>> Friday,August 23,2002 Assessors Division- Property .Results Data is based on Fiscal Year 2002 Assessor's Fiscal Year 2002 Assessed Values database and is provided for information Tax Information purposes only. Sales History Land and Building Description «Search Again Construction Details Out.Buildingas&Extra Features. Building Sketch 6 MELBOURNE ROAD Map/ Parcel/Parcel Extension: Mailing Address: 268/238/ MIRARCHI, ELLEN T Owner of Record: %GAUTHIER,ANDREW J & KAREN MENZ MIRARCHI, ELLEN T 30 PHEASANT LN Property Location: SOUTH DENNIS, MA 02660 6 MELBOURNE ROAD Parcel ID:268238 V'I Map Fiscal Year 2002 Assessed Values ^Top Appraised Value Assessed Value Building Value: $ 0 $0 Extra Features: $0 $0 Outbuildings: $ 0 $0 Land Value: $41,900 $41,900 http://town.bamstable.ma.us/ComeOnIn/Departments/Administrative_Services/FinanceDivision/AssessorsDivision/AssessorsDB/r 8/23/2002 _Towii of Barnstable Assessors Division Page 2 of 4 Totals: $41,900 $41,900 Tax Information ^Toc Town Tax $ 387.99 Tax Rates(per$1,000 of valuation) HYANNIS FD TAX $ 106.43 Town 9.26 Fire District Rates Land Bank Tax $ 11.64 Barnstable 2.61 C.O.M.M 1.38 Cotu it 1.69 Total: $506.06 Hyannis 2.54 W. Barn. 1.54 -Total does not include special assessments- Other Rates Land Bank 3%of Town Tax Due to rounding differences these values are approximate. Sales History !Top Owner: Sale Date: Book/Page: Sale Price: MIRARCHI, ELLEN T 3/15/1982 3443/ 131 $ 0 CHANNEL DEVELOPMENT CORP 2/21/2001 13576/296 $ 33,500 Land and Building Description "Too Land Building Lot Size (Acres): 0.23 Year Built: 0 Appraised Value:$41,900 Living Area: 0 Assessed Value: $41,900 Replacement Cost: $0 Depreciation:0 Building Value: $0 Construction Details ^Top Style:Vacant Land Interior Walls: Model:Vacant Interior Floors: http://town.bamstable.ma.us/ComeOnIn/Departments/Administrative_Services/FinanceDivision/AssessorsDivision/AssessorsDE... 8/23/2002 1 Town of Barnstable Assessors Division Page 3 of 4 Grade: Heat Fuel: Stories: Heat Type: Exterior Walls AC Type: Roof Structure: Bedrooms: Roof Cover: Bathrooms: Total Rooms: Outbuildings & Extra Features ^Toa Code Description Units/SO FT Appraised Value Assessed Value No records returned. Building Sketch "Top No sketch is available for this parcel. Map 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) Back - Home I Departments I Town Information 1 Contact Town Hall Website Developed and Maintained internally by the Town of Barnstable http://town.. 8/23/2002 _Town of Barnstable Assessors Division Page 4 of 4 Information Systems Department Town Hall-367 Main Street- Hyannis,MA-02601 -508-862-4000 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 20010 Town of Barnstable. All Rights Reserved. http://town.bamstable.ma.us/ComeOnIn/Departments/Administrative_Services/FinanceDivision/AssessorsDivision/AssessorsDE... 8/23/2002 BARNSTABLE COUNTY REGISTRY OF DEEDS JOHN F. MEADE, REGISTER RG425RP: LAND RECORDS COPY REQUEST Delivery: Pickup Dated: 8-23-2002 Q 14 : 06 :35 Wkstn: IX060 Req by: ANDREWS Remote Trans #: 223971 ------------------------------------------------------------------------------ Inst#: 11-24-1987 in Book: 6036 Page: 24 Pages requested: *All # of pages printed: 1 Copies: 2 Fee: 1 . 50 ----------------------------------------------------------------------------=-- Customer will pick up ------------------------------------------------------------------------------ ;4 BOOK6036PAGE 024 79932 JOSE AMARAL AND MARIA C. AMARAL, husband and wife, as Tenants by the Entirety, both County,Massachusetts of 45 Candlewick Lane, Hyannisport, Barnstable in consideration of NOMINAL CONSIUERA'PIUN grant to ly der DeclaratOSE ion ofARAL,TrustTdatedL of Octobelrc36,t1987 andaral lrecorded,atnthe a Barnstable Registry of Deeds herewith. of 45 Candlewick Lane., HyannisN, MA. with quitclaim eoU¢nuttts the land in Barnstable (Hyannis{o**-), Barnstable County, Massachusetts more particularly described as follows: I A certain parcel of land situated it) the Town of Barnstable (Hyannisport), Barnstable County, Massachusetts, known and referred to as Lot 46, on a plan of land entitled "Subdivision Plan of Land, Barnsta6le,�Massachusetts, Straightway, Scale 1 50 , 14th January 1971, Robert f.,. McGlone, Surveyor and Engineer, Main Street, West I Barnstable, Massachusetts For C.K.M. Associates, said plan is I , filed with Barnstable County Registry of Deeds, Plan Book 250 Page 143. Said premises are hereby conveyed subject to Protective Covenant as set forth in instrument dated June 10, 1972, recorded with i Barnstable County Registry of Deeds as Document: No. 16123 insofar i as now in force and applicable. t This conveyance is made together with the right of way over Melbourne Road, Sugar Lane and Candlewick Lane as they appear on said plan. For title to LOT 46see deed of Young C. Chang, et ux to Grantors dated November 2091981, and recorded at Barnstable County Registry of Deeds in Book 3398 Page 186. Executed as a sealcd instrument this day of November. 2 I 19 87 — J SE AMARAL MARIA C. AMARAL Ot T✓ /yi'i29�t� ffit)¢ tgantmonhtenit{i of PuseactIusetts Barnstable ss. November 19 8% Then,personally appeared the above named Jose Amaral and Maria C. Amaral i and acknowledged the foregoing instrument to he their free act acctt annd�deed Before me. WTLLIAM A. PRICI"s JR, Notary/h�hflr J�nlee of�e Peon My commission expires January 2� 19 3 E3ARNSTABLE COUNT" REGISTRY OF DEEDS .„ A TRUE COPY,ATTEST RE��r�uED NOV 24 a l I,eo,e d JOHN F,MAC REGISTER t � BARNSTABLE COUNTY REGISTRY OF DEEDS JOHN F. MEADE, REGISTER RG425RP: LAND RECORDS COPY REQUEST Delivery: Pickup Dated: 8-23-2002 @ 14 : 06 : 37 Wkstn: IX060 Req by: ANDREWS Remote Trans #: 223974 ------------------------------------------------------------------------------ Inst#: 10-25-1978 in Book: 2807 Page: 264 Pages requested: *All # of pages printed: 1 Copies: 2 Fee: 1 . 50 ------------------------------------------------------------------------------ Customer will pick up ------------------------------------------------------------------------------ t, • booY28 7 Fou 552 I, William F. McGrath, Jr, of 35 Melbo.urne Road, West Hyannisport, Massachusetts, Barnstable County being unmarried, for consideration paid, and in full ! consideration of Thirty Nine thousand and nine hundred dollars, $39,900.00. n grants to Richard F./and el"y sabelle A. Looney, husband and wife, tenants by the entirety, and rot as tenants in ammm, of 19 Cambridge Terrace, Cambridge, Massachusetts with quitclaim covenants the land with the buildings thereon situate on the westerly side of Melbourne Road in Barnstable (Hyannisport), Barnstable County, Massachusetts and being shown as LOT 47 on a plan entitled "Subdivision Plan of Land, Barnstable, Mass. 'Straightway' Scale 1" 50', 14 January 1971 Robert G. McGlone, Surveyor and Engineer Main Street, West Barnstable, Masi. For C.K.M. Associates", said plan is filed with the Barnstable County Registry of Deeds in Plan Book 250, Page 143, said LOT 47 being bounded and described as follows: EASTERLY by Melbourne Road, as shown on said plan 100.683 feet; NORTHERLY by Lots No. 45 and No. 46 as shown on said plan, 167.414 feet; WESTERLY by land of Esther C. Peterson., as shown on said plan, 100.790 feet; and SOUTHERLY by Lot No. 48 as shown on said plan, 143.505 feet. Containing 15,546 feet, more or less, according to said plan. ^ _ Said premises are hereby conveyed subject to Protective Covenants as set forth in instrument dated June 10, 1972, ^; J) IIIII9� recoorded y. with Barnstable County Registry of Deeds, Book 1666, C1 g ?QJ _ Being the same premises conveyed to the grantor b o� Beatrice A. Busam by deed dated October 1, 1976 recorded }! with Barnstable County Registry of Deeds, Book 2427, Page 111. �i+l I!Ui'i �> WITNESS my hand and seal this �_�.-*L day of 197t;. IR COMMONWEALTH OF MASSAAC�CC/HUISETTTS Barnstable as. -zs; A?i,.aletll. Then personally appeared the above named William F. McGrath, Jr. and acknowledged the foregoing a instrument to be his free act and deed, b,oAore me. Notary Public �., My commission expires: 1 DONW F.HENDEUON MY Cqmffnssion expire May 14`19 BARNSTA LE COUNTY OCT 25IN REGISTR OF:DEEDS A TRUE C PY,IATTEST JOHN F.MEAD ,REGISTER 4 pFIHE r Town of Barnstable AB Regulatory Services 9q, t639. �•� Thomas F. Geiler,Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 April 28, 2004 Re: 23 Melbourne Road. Hyannis,MA Map 268 Parcel 244 To Whom It May Concern: After reviewing the submitted documents, it is the opinion of this office that there is control over the above-referenced lot by Jose and Maria Amaral of 45 Candlewick Lane, Hyannis. Also, Mr. Albert J. Schulz_does not clearly state that he assures us that this is a buildable lot. Sincerely, David Mattos Building Inspector Q040428b ARCHAEL P. MORIZIO Attorney At Law 92 Oak Street Mansfield, MA 02048 (508)3394595 December 6, 1994 Ralph 'Crosson Building Commissioner Certified Mail Town of Barnstable . . R.R. Requested 367 .Main Street Hyannis, MA 02601 RE: Property in (Hyannis) Barnstable Shown on Tax Assessor's Map 268 as Lot. 244 . (23 Melbourne Road)- and Lot' 243 (34 Candlewick Lane) Dear Mr. Crosson: Please accept this writing as a follow-up to our recent . . .. telephone conversation concerning .the above referenced lots. I am Vriting .on behalf . of Mr./Mrs. Richard F. Looney, owners of adjoining property located at 3j(!. Melbourne Road, Hyannis, . .Barnstable. 1 Tax Assessor's Lot244, with an address of 23 Melbourne Road, is presently being offered for' sale through Prudential Prime. Properties., (Centerville) , .apparently As a buildable lot. , We believe it is -not a buildable lot as- it is only 10-- 492 sgft and thereby fails to satisfy'.the minimum total lot area of 43,560 sgft for zoning district .RB. I an enclosing with thiS. letter a more .expansive explanation with supporting title documents, dated March 31, 1994, as previously provided to Mr. Martin of your office. REQUESTED ACTION The Looney family objects to any attempt to. receive a building permit for the Melbourne Road parcel. The Looney family respectfully demands: I 1. Any application for a building permit for the parcel shown on Tax Assessor's Map 268 as Lot 244, with an address of 23 Melbourne Road, be denied for failure to conform to the zoning bylaws' minimum lot area of 43,560 sqft. 2. Any building permit which may have been issued for the ! foregoing Melbourne Road property be immediately revoked. Ralph Crosson Building Commissioner December 6, 1994 Page two DISCUSSION Year: 1971 The original subdivision plan for the subject land was first approved. Year: 1981 Lot 244 (Melbourne Road) was purchased as raw land by Jose and Maria Amaral. At the time of this purchase abutting Lot 243, -(Candlewick Lane) , was also .owned by Mr. and Mrs. Amaral and contained a single-family residence. As of 1981, both contiguous lots were owned by the same individuals in exactly the same name. and legal form. These two adjoining lots were therefore held in common ownership and became one lot for purposes of. zoning . regulation. (See: Barnstable Zoning Ordinance, section 7, definition of "Lot". ) } As of 1981, the Amarals' "single" lot contained 21,757 sqft: (10,492 sqft [Melbourne] ; and 11,265 sqft [Candlewick] . ) Year: 1985 I understand the Town amended the zoning bylaws . applicable to this property by increasing the minimum total lot area required to 43,560 sqft. The Amarals' 21,757 sqft lot then became nonconforming. - Year: 1987 Two years after the zoning change the Amarals re-subdivided their nonconforming 21,757 sqft property into two grossly nonconforming parcels by deeding the former Melbourne Road parcel to themselves as the Amaral Family Trust. This re-subdivision followed the property boundaries of the original 1971 subdivision plan. Unless the common title history is known, the re- subdivision results in the inaccurate appearance that the 10,492 sqft Melbourne Road parcel retains buildable status from the -original . 1971 plan approval. The Amarals' single lot of 21,757 sqft was held in common ownership when the 1985 zoning change was adopted. As such, the Amarals had .a maximum of five years, only until 1990, to receive a building permit for Melbourne Road under the, old zoning minimum lot area standard. 40A M.G.L. § 6; section 4-4.5, Barnstable Ralph Crosson Building Commissioner December 6, 1994 Page three Zoning Ordinance. The five year period has now passed and any request for a building permit for Melbourne Road must .be denied because of nonconformance. Neither can the 1987 re-subdivision be used to avoid the 1985 increased minimum lot area requirement because it was undertaken after the zoning change and exasperates the minimum .lot area nonconformance. Case law unquestionably supports the reality that no building permit may be' issued. ' See: Wright v. Board of Appeals of Falmouth, 24 Mass.App.Ct. 409, 415 (1987) , (subdivision lots conveyed by landowners to themselves individually and to trusts, after zoning change, were not exempt from zoning change and properly denied building permit. ) For authority that adjoining land must be used to diminish, not expand nonconformities,. see: Planning Board of Norwell v. Serena, 27 Mass.'App.Ct. 689, 690 (1989) , [affirmed 406 Mass. 1008 (1990) ) , citing: Vetter v. Zoning Board of Appeal of Attleboro, 330 Mass. 628, 630 (1953) ; .Sorenti v. Board of Appeals of Wellesley, 345. Mass. 348, 353 '(1963) ; Alley v. Building Inspector of Danvers,. 354 Mass. 6, 7-8 (1968) ; Raia v. Board of Appeals of North Reading, 4 Mass.App.Ct. 318, 322 (1976) ; Arricro v. Planning J Board of Franklin, 12 Mass.App.Ct. 802, 804 (1981) ; Gordon v. Zoning Board of Appeals of Lee, 22 Mass.App.Ct. 343 , 349 (1986).; Shafer v. Zoning Board of Appeals of Scituate, 24 Mass.App.Ct. 966, 967 (1987)�; DiCicco v. Berwick, 27 Mass.App.Ct. 312, 313-314 (1989) ; Karet v. Zoning Board of Appeals of Worcester, 27 Mass.App.Ct. 439, 440 (1989)�. If any ,questions arise I would be more than pleased to discuss this matter further. Thank you for your time and due consideration. Very truly yours, Michael..P. Morizio enclosures cc,: (Ltr. only) M/M Looney M/M Amaral Chris Hallett/ Prudential WCHAEL P. MORIZIO Attorney At law 92 OAK STREET MANSFIELD, MA 02048 (508)3394594 March 31, 1994 Alfred Martin Building Inspector Town of Barnstable 367 Main Street Hyannis, MA 02601. RE: Property in Hyannis, MA; Shown on Tax Assessor's Map 268 as Lot 243 (34 Candlewick Lane.) and Lot 244 (23 Melbourne Road) Dear Mr. Martin: I am writing on behalf of Mr. and Mrs. Richard Looney, owners of property at . 35 Melbourne Road, Hyannis. Mr. and Mrs. Looney wish to bring to your attention that the above referenced Melbourne Road lot, (which adjoins the Candlewick Lane. lot) , is apparently for sale as a buildable lot. In our opinion, because the Melbourne Road Iot does not conform to the one acre minimum lot area a building permit should not be issued. The Melbourne Road lot's .nonconformance to zoning may not be readily apparent. To explain briefly, Jose and Maria Amaral purchased the Candlewick Lane lot in 1973 . This lot is 11,265 sqft and contains a residence. In 1981 the Amarals purchased the Melbourne Road lot in exactly the same name and legal form. The Melbourne Road lot is 10,492 sgft, undeveloped, and . abuts the Candlewick Lane lot. Accordingly, as of 1981, these two adjoining lots were held in common ownership ane became one lot for purposes of zoning regulation. (Seer Zoning Ordinance, section 7, definition of Lot. ) In 1985 .the Town amended the zoning bylaw to require a minimum total lot area of one acre. . Based 'on our. reading of applicable law, this single lot. which comprised the former Candlewick Lane and Melbourne Road parcels was subject to the 1985 zoning change. However, two years after the zoning change the Amarals deeded the Melbourne Road parcel to- themselves as the Amaral Family Trust. Some nine years after the zoning change the Trust now appears to be selling the Melbourne Road parcel as a buildable lot. We do not believe a single lot held in common ownership can later receive grandfather protection years after a zoning. change. For your convenience enclosed herewith are: a copy of Tax Assessor's Map 268; relevant title documents; and a more detailed Alfred Martin Building Inspector j March 30, 1994 Page two writing dated March 16, 1994 which we have provided to the Amarals and which I have annotated to reference title documents. We believe the safety and harmony of the Melbourne . Road residential area would be adversely affected if the increased density of an additional residence were permitted. Limited. parking and speeding vehicles using Melbourne _ Road as a shortcut are current problems and would worsen. Moreover, I believe the area is within the Groundwater Protection overlay District. An additional septic system on an undersized parcel would not be in concert with . minimizing groundwater discharges. For these reasons we ask that you review this matter and conclude that no permit to build maybe issued for the Melbourne Road parcel. Thank you for your time and consideration. Very truly yours, Michael P. Morizio R TABLE OF CONTENTS DOCUMENT EXHIBIT Letter of March -16, 1994 to Amarals Original Subdivision Plan . . . . . . : . . . . . . . . . . . . . . . . . . . . .A 1973 Deed For Candlewick Lane . . . . . . . . . . . . . . . . . . . . . . . .B 1981 Deed For Melbourne Road. . . . . . . . . . . . .. . . . . . . . . . . . . .0 1987 Deed To Trtast After Zoning Change . . . . . . . . . . . . . . .D Tax Assessor's .Map No. 268 . . . . . . . . . . . . . . . . . . . . . . . . . . .E S � A WCHAEL P. MORIZIO ' Atlonuy Al Low 92 OAK STREET MANSFIELD, MA 02W (SOS)339-4594 . f March 16, 1994 Jose Amaral, Trustee Amaral Family Trust 45 Candlewick Lane Hyannis, MA 02601 By Certified Mail Jose & Maria Amaral Return Receipt Requested 45 Candlewick Lane Hyannis,, MA 02601 RE:. Your Property in Hyannis, MA; Shown on Tax Assessor's Map 268 as Lots 243 and 244; with address of 34 Candlewick Lane and 23 Melbourne Road Dear Mr. and Mrs. Amaral: I am writing on behalf of Mr. and Mrs. Richard Looney, owners of property at 35 Melbourne Road, who are concerned that you may intend to subdivide your property at 45 Candlewick Lane into two i nonstandard lots with the belief that the parcel fronting Melbourne Road can be sold as a buildable lot.. The specific concern is that any building on the Melbourne Road parcel would cause serious overcrowding. For this reason I must unfortunately inform you that Mr. & Mrs. Looney object to any attempt to build on the Melbourne Road frontage.. I. The Lot Is Not Buildable The current Barnstable Zoning ,Ordinaace places your property in the RB District. Since May 1985, the RB District's minimum lot area requirement is one acre, (43,560 sgft) . Your -property, before any subdivision, is nonstandard with a total area of only 21,757 sqft. It is our opinion that subdividing this lot into smaller lot ,areas of 11,265 sqft (Candlewick Lane frontage) and 10,492 sqft (Melbourne Road frontage) is contrary to local zoning and will not . result in the creation of a buildable lot fronting Melbourne Road. I am aware that after the 1985 zoning change you subdivided record title into two- parcels using a trust and following the old boundary lines of the original subdivision plan approved in 1971. Nonetheless, . you purchased these two adjoining lots in exactly the same name and legal form which remained unaltered when the 1985 zoning change became effective. As a result, this property was in common ownership at all relevant times with the contiguous lots 1 merging into a single lot, as defined by the Barnstable Zoning Ordinance. The status of title as commonly owned in 1985, together with no building permit for Melbourne Road known to have been issued within the past nine years, is solely determinative. In our opinion no building permit may now be issued. An examination of title history and the prescriptions of chapter 40A and section 4-4.5. 1 of the. Zoning Ordinance supports this opinion and further demonstrates that any other reasonable theory of grandfather exemption is not possible. 11, Title and Zoning History 1. The original approved subdivision is shown on a Plan of Land recorded at Plan Book 250, page 143. This Plan showed your Candlewick Lane parcel as Lot 45, and the Melbourne Road parcel as Lot . 46. 4Nl bii" IN, 2. By deed dated January 5, . 1973, and recorded at Book 1799, Page 324 , you acquired lot 45 (Candlewick Lane) in the name of "Jose Amaral and Maria C. Amaral" , as "tenants by the entirety" .. B 3. By deed dated November 20, 1981, and recorded at Book 3398, Page 186, you acquired Lot 46 (Melbourne Road) in the name of "Jose Amaral and Maria C: Amaral", as "tenants by the entirety". -- Ex hi ,ifi 4. Lots 45 and 46 are adjoining and share more than 125 feet of comaw bGimdary-. Zoning Ordinance at section 7, defines f two commonly owned and adjoining lots as a single lot. 5. On or about May 1985, it is. understood that the municipality revised the minimum lot area to one acre. At the time of the 1985 zoning change title in Lots 45 and 46 remained as stated above, in common ownership. 6. Six years after acquiring Lot 46, by deed dated November 21, 1987, and recorded in Book 6G36, Page 24, you transferred title to former Lot 46 (Melbourne Road) to the Amaral Family Trust, a nominee trust which Mr. Amaral is the trustee and which you retained complete control of the trust res. -- Fx' ,) 7. The 1987 trust transfer greatly increased the nonconforming 21,757 sqft lot by attempting to create two significantly smaller lots. As the below discussion explains, to receive grandfather exempt-ion., the . status of title before the 1985 zoning change must. show separate lot ownership. The title history of your property unquestionably demonstrates that both adjoining lots were held in common ownership. before and at the time of the zoning- change. No grandfather exemption thereby exists. The 1987 transfer to the trust-is after the zoning change and cannot, as a matter of law, provide grandfather exemption from the 1985 zoning change. 1 Ili. Discussion i. Status Of Title Before the Zoning Change Is Determinative. Section 6 of chapter 40A, ("Zoning Act") provides, in relevant part at the fourth paragraph, first sentence, statutory exemption from increased zoning only when: (i) at the time of recording, the (ii) adjoining land is not held in common ownership. The Massachusetts Supreme Judicial Court . (SJC) held in Adamowicz v. Town �f Ipswich, 395 Mass. 757 (1985) , that the "time of recording" refers to the most recent instrument of record prior to the effective dAte of the zoning change. If . the instrument of record (which may *-- a deed) before the zoning change reveals that the land was not separately owned, the statutory requirements for exemption have not ]been met. Zd. , at 762, 764. In your circumstance the zoning change occurred in 1985 . with the prior instrument of record being the 2981 deed for Lot 46 which undoubtedly created common ownership with adjacent Lot 45. The 1987 deed to the trust is more than two fears after the zoning change a and ineffective. Because of common ownership in 1985 the statutory requirement of separate ownership Dias not been met and no zoning exemption exists. See also Wright, infra. Section 4-4.5.1 of the Zoning Ordinance. .is consistent in that6`it requires separate ownership. The remainingprovisions of paragraph four .in section 6 of the Zoning Act concern commonly owned property but do not afford any protection for youar property. Briefly, a limited exemption is available but only.;for five years after the zoning change. Within this five year limitation period an application for a building permit must have kDeen filed, which in your instance, has never occurred. The analysis ' as presented needs no further discussion to conclusively dete&ine that the frontage on Melbourne Road cannot receive a building permit some nine years after the zoning change. However, next following is an expanded discussion which is offered only to dispel any possible notion that the Melbourne Road frontage may receive a building permit... 2. 1987 Transfer of Title To The Trust Cannot Result In An Exemption From The One Acre Lot Area Requirement. As a matter of zoning law, separate ownership with perpetual exemption protection cannot possibly have been created - by transferring your adjoining land to a trust under your control. The obvious reason is that the trust transfer is inconsistent with the statutory prerequisite in section 6 that the lot be in conformance with zoning at the time of transfer. See: Wright v. Board of Anoeals of Falmouth, 24 Mass.App.Ct. 409, 415 (1987) , (subdivision lots later conveyed by landowners to themselves individually and to trusts, after a zoning change. were not exempt from changes. ) Your combined property is only 21,757 sqft, or 50t undersized in 1987 and when record title was transferred to the. trust. Not only did the property fail to satisfy zoning at time of transfer, but the transfer greatly exaggerated the nonconformance with even smaller lots. It is without -reasonable. doubt that neither the trust, nor any successor-in-title to the trust, may currently claim. a valid statutory exemption or receive a building permit premised on the 1987 transfer. It is worthy: to note that, failure to satisfy zoning at the time of trust transfer is not the only reason why no exemption can possibly exist. Assuming, arguendo, that the trust transfer had been before 1985 and the zoning change, the property would still be subject to the increased lot area requirement. A longstanding maxim in zoning law, codified in the new Zoning Act, is- that landowners must use adjoining land under their control to avoid or minimize nonconformances before they may avail themselves of statutory zoning exemptions. In Planning Board of Norwell v. Serena, 406 Mass. 1008 (1990) , 'the SJC upheld the denial of building permits for landowners who, before enactment of a zoning change, transferred title in one lot to themselves as tenants by the entirety with the second adjoining lot to themselves as trustees of a trust. Notwithstanding technical compliance with the statute by trust transfer prior to the zoning j change, the court denied landowners separate ownership status and exemption because the applicable section of the Zoning Act.codified a principle of longstanding zoning application which prohibits landowners from creating a nonconformity when adjoining land can be used to avoid or diminish the nonconformity. Citing Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, (1963) . When you transferred record title to the trust you merely checkerboarded title. For as long as the trust holds record title both lots remain under your control and are subject to the 1985 changes, as well as to any future zoning changes. As .the foregoing decisions illustrate there is no possible theory which could transform the 1987 trust transfer into a grandfather exemption in perpetuity. Any request for a building permit in 1994 by the trust directly, or by a successor-in-title to the trust, must be denied. rv. Conclusion In our opinion, record title in 1981 is determinative as to establishing common ownership and the necessity to comply with the 1985 zoning change. No building permit has ever been issued and none may now be issued--some nine years after the zoning change. The 1987 conveyance to the trust post-dated the 1985 zoning change and is irrelevant. i Apart from the conclusiveness of title in 1982; the 1987 trust conveyance cannot create a perpetual, grandfather exemption. At time of conveyance the lot was not ionconformance with zoning but rather worsened the nonconformance. Nonetheless, checkerboarding title as a strategy no longer grandfather's lots indefinitely under the new Zoning Act even when zoning requirements were met at time of checkerboarding. Since the 1985 zoning amendment has been in effect for nearly nine vears, .with no building-permit known to have been requested or received, no building permit may now be issued. It is unfortunate that this writing had to be presented. It would be of greater misfortune. to all, however, if an uninformed purchaser of the Melbourne Road parcel discovered after purchase that the lot is not buildable.. I urge you to seek counsel in order to fully understand the opinions expressed herein. I trust you will appreciate our desire to avoid the. possible situation of having to object to a building permit after issuance. For this reason we intend to express our opinion to the Building Commissioner so that he may be fully apprised. Very tru ours, Michae Morizio ,/ own of Barnstable Assessors Division Page 1 of 4 i_x . - ,,,,JJ�� ice✓ ,�y� - .0 Your Location : Home : Town Departments : Administrative Services : Assessors Division : Property Results <<Back -Forward>> Friday,August 23,2002 Assessors Division- Property Results Data is based on Fiscal Year 2002 Assessor's Fiscal Year 2002 Assessed Values database and is provided for information Tax Information purposes only. Sales History Land and Building Description Construction Details «Search Again Out Buildings& Extra Features Building Sketch 158 MELBOURNE ROAD Map/ Parcel/Parcel Extension: Mailing Address: 267/158/ CANNATELLI, JAMES & KATRINA A Owner of Record: CANNATELLI, JAMES & KATRINA A 158 MELBOURNE RD Property Location: WEST HYANNISPORT, MA 02672 158 MELBOURNE ROAD Parcel ID:267158 Map Fiscal Year 2002 Assessed Values "Top Appraised Value Assessed Value Building Value: $ 108,500 $ 108,500 Extra Features: $ 3,000 $ 3,000 Outbuildings: $800 $ 800 Land Value: $41,900 $41,900 http://town.bamstable.ma.us/ComeOnIn/Departments/Administrative_Services/FinanceDivision/AssessorsDivision/AssessorsDB/r 8/23/2002 , yown of Barnstable Assessors Division Page2 of 4 Totals: $154,200 $154,200 Tax Information "Top Town Tax $ 1,427.89 Tax Rates (per$1,000 of valuation) HYANNIS FD TAX $ 391.67 Town 9.26 Fire District Rates Land Bank Tax $42.84 Barnstable 2.61 C.O.M.M 1.38 Cotuit 1.69 Total: $ 1,862.40 Hyannis 2.54 W. Barn. 1.54 -Total does not include special assessments- Other Rates Land Bank 3% of Town Tax Due to rounding differences these values are approximate. Sales History "Top Owner: Sale Date: Book/Page: Sale Price: MARKWOOD CORP 2/10/2000 12824/262 $ 35,000 CANNATELLI, JAMES& KATRINA A 8/8/2000 13170/063 $ 151,500 ARCARO, EDMOND &ALBA 1687/ 124 $ 0 Land and Building Description ^Top Land Building Lot Size(Acres): 0.23 Year Built:2000 Appraised Value:$41,900 Living Area 1469 Assessed Value: $41,900 Replacement Cost: $ 108,502 Depreciation:0 Building Value:$ 108,500 Construction Details "Top Style: Cape Cod Interior'Walls: Drywall http://town.bamstable.ma.us/ComeOnIn/Departments/Administrative_Services/FinanceDivision/AssessorsDivision/AssessorsDE... 8/23/2002 ,,,'Town of Barnstable Assessors Division Page 3 of 4 Model: Residential Interior Floors: Carpet Grade:Average Grade Heat Fuel: Gas Stories: 1 1/2 Stories Heat Type: Hot Air Exterior Walls Wood ShingleClapboard AC Type: None Roof Structure: Gable/Hip Bedrooms:2 Bedrooms Roof Cover:Asph/F GIs/Cmp Bathrooms:2 Bathrooms Total Rooms: 5 Rooms Outbuildings & Extra Features ^Top Code Description Units/SO FT Appraised Value Assessed Value FPL Fireplace 1 $ 3,000 $ 3,000 SHED Shed 96 $ 800 $800 Building Sketch ^Top , Map Sketch Legend http://town.bamstable.ma.us/ComeOnIn/Departrnents/Administrative_Services/FinanceDivision/AssessorsDivision/AssessorsDE... 8/23/2002 -Town of Barnstable Assessors Division Page 4 of 4 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) Back - Home Departments Town Information Contact Town Hall Website Developed and Maintained internally by the Town of Barnstable Information Systems Department Town Hall-367 Main Street- Hyannis,MA-02601 -SM-862-4000 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 20010 Town of Barnstable. All Rights Reserved. http://town.bamstable.ma.us/ComeOnIn/Departments/Administrative_Services/FinanceDivision/Assessor.sDivision/Ass�sso si E:: "8/23/2002 i r BARNSTABLE COUNTY REGISTRY OF DEEDS JOHN F. MEADE, REGISTER RG425RP: LAND RECORDS COPY REQUEST Delivery: Pickup Dated: 8-23-2002 @ 14 : 06 : 36 Wkstn: IX060 Req by: ANDREWS Remote -Trans #: 223972 ------------------------------------------------------------------------------ Inst#: 01-02-1997 in Book: 10553 Page: 286 Pages requested: *All # of pages printed: 2 Copies: 2 Fee: 3 . 00 ------------------------------------------------------------------------------ Customer will pick up ------------------------------------------------------------------------------ ,r Sk 0 04S D 1 -02-1997 2 1 1 =36 QUITCLAIM DEED +� I, JOAN A. MORIN OF Barnstable, MA k FOR CONSIDERATION OF ONE HUNDRED SIXTEEN THOUSAND AND 00/100 ($116,000.00) DOLLARS GRANT TO LILT SEELY OF 33 Candlewick Lane, Hyannisport, MA en rn WITH QUITCLAIM COVENANTS e� D, i The land in Barnstable (Hyannisport) , Barnstable County, Massachusetts, described as follows; BEING SHOWN AS LOT 44 on a plan of land entitled "Subdivision Plan of Land, Barnstable, Massachusetts, "Straightway" Scale 1" i 501, 14 January 1971, Robert G. McGlone, Surveyor and Engineer, Main Street, West Barnstable, Mass. , for C.K. M. Associates" said plan filed with Barnstable County Registry of Deeds, Plan Book 250 Page 143. Said premises are hereby conveyed subject to Protective Covenants as set forth in an instrument dated June 10, 1972, Book 1666 page. 172. W.- C)7> w �a �j I.' �LJ' ►4o \ ZW y v mo 10 En ww nf�n µ o $o i A. i Elk = 1 OSS0-20 r uo S This conveyance is made together with right of way over Melbourne Road, Sugarbush Lane and Candlewick Lane as they appear on said plan. For our title see deed recorded in Book 7911 Page 169 and M-792 duly recorded herewith for Roland J. Morin. WITNESS our hand and seal this 31st day of December, 1996. n J an A. Morin COMMONWEALTH OF MASSACHUSETTS Barnstable: SS December 31, 1996 Then personally appeared the above named Joan A. Morin , and acknowledged the foregoing instrument to be their free act and deed, before me Notary Public My commission expires: 91 cjc BARNSTABLE COUNTY REGISTRY OF DEEDS A TRUE COPY,ATTEST JOHN F.MEADE,REGISTER BARNSTABLE REGISTRY OF DEEDS I From the Office of: Today REAL ESTATE 1533 Falmoutli Road PURCHASE AND SALE AGREEMENT-LAND Centerville,MA 02632 508-790-2300 Fax 508-790-1388 This 26th day of November,2003 1. PARTIES Jose Amaral Trust of AND MAILING 45 Candlewick Lane.,Hyannis,MA. 02601 ADDRESSES (fill in) hereinafter called the SELLER,agrees to SELL and Samuel C.Traywick&Tate D.Isenstadt P.O.Bog 216.,West Hyannisport,MA. 02672 2. DESCRIPTION hereinafter called the BUYER or PURCHASER,agrees to BUY,upon the terms hereinafter set forth,the (fill in and include following described premises: land(building lot only)located at 23 Melbourne Rd.,Hyannis, title reference) MA, 02673; as further described at the Barnstable County Registry of Deeds in Deed Book 6036,Page 024. .3. TITLE DEED (fill in) *Include here by specific reference any restrictions, Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, or to the easements,rights and nominee designated by the BUYER by written notice to the SELLER at least seven calendar days before obligations in party walls the deed is to be delivered as herein provided, and said deed shall convey a good and clear record and not included in(b),leases, marketable title thereto,free from encumbrances,except municipal and other liens, (a) Provisions of existing building and zoning laws; other encumbrances,and (b) Existing rights and obligations in party walls which are not the subject of written agreement; make provision to protect (c) Such taxes for the then current year which are not due and payable on the date of the delivery of such SELLER against BUYER's breach of deed; SELLER's covenants in (d) Any liens for municipal betterments assessed after the date of this agreement; leases,where necessary. (e) Easements, restrictions and reservations of record, if any, so long as the same do not prohibit or materially interfere with the current use of said premises; 4. PLANS T) 5. REGISTERED If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with TITLE the deed in form adequate for recording or registration. 6.PURCHASE PRICE In addition to the foregoing, if the title to said premises is registered, said deed shall be in form sufficient to entitle the BUYER to a Certificate of Title of said premises, and the SELLER shall deliver with said (fill in);space is deed all instruments,if any,necessary to enable the BUYER to obtain such Certificate of Title. allowed to write out the amounts if The agreed upon purchase price for said premises is$110,000.00 desired One Hundred Ten Thousand dollars,of which $ 9,000.00 have been paid as a deposit this day and $ 1,000.00 paid with offer dated November 11,2003 $100,000.00 are to be paid at the time of delivery of deed in cash, or by certified, cashier's, treasurer's or bank check(s) $110,000.00 TOTAL 7. TIME FOR Such deed is to be delivered at 1:00 o'clock P M.on the 15th day of PERFORMANCE; January . 2004 ,at the Barnstable County DELIVERY OF Registry of Deeds,unless otherwise agreed upon in writing. It is agreed that time is of the essence of this DEED(fill in) agreement. 8. POSSESSION Full possession of said premises free of all tenants and occupants, except as herein provided, is to be AND delivered at the time of the delivery of the deed,said premises to be then(a) in the same condition as they CONDITION OF now are, reasonable use and wear thereof excepted, and (b) not in violation of said building and zoning PREMISES. laws, and(c)in compliance with provisions of any instrument referred to in clause 4 hereof. The BUYER (attach a list of. shall be entitled personally to inspect said premises prior to the delivery of the deed in order to determine exceptions, if any) whether the condition thereof complies with the terms of this clause. 9.EXTENSION TO If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the PERFECT TITLE premises, all as herein stipulated, or if at any time for the delivery of the deed the premises do not conform OR MAKE with the provisions hereof,then any payments made under this agreement shall be forthwith refunded and PREMISES all othet obligations of the parties hereto shall cease and this agreement shall be void without recourse to CONFORM the parties hereto,unless the SELLER elects to use reasonable efforts to remove any defects in title, or to (Change period of deliver possession as provided herein,or to make the said premises conform to the provisions hereof,as the time if desired).. case may be, in which event the SELLER shall give written notice thereof to the BUYER at or before the time for performance hereunder, and thereupon the time for performance hereof shall be extended for a period of thirty calendar days. 10.FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, PERFECT TITLE deliver possession, or make the premises conform, as the case may be, all as herein agreed, or if at any OR MAKE time during the period of this agreement or any extension thereof, the holder of a mortgage on said PREMISES premises shall refuse to permit the insurance proceeds, if any, to be used for such purposes, then any CONFORM,etc. payments made under this agreement shall be forthwith refunded and all obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. 11. BUYER's The BUYER shall have the election, at either the original or any extended time for performance,to accept ELECTION TO such title as the SELLER can deliver to said premises in their then condition and to pay therefore the ACCEPT TITLE purchase price without deduction, in which case the SELLER shall convey such title, except that in the event of such conveyance in accord with the provisions of this clause, if the said premises shall have been damaged by fire or casualty insured against, then the SELLER shall, unless the SELLER has previously restored the premises to their former condition,either (a) pay over or assign to the BUYER,on delivery of the deed, all amounts recovered or recoverable on account of such insurance, less any amounts reasonably expended by the SELLER for any partial restoration,or (b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to restore the said premises to their former condition or to be so paid over or assigned, give to the BUYER a credit against the purchase price, on delivery of the deed, equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SELLER for any partial restoration. 12. ACCEPTANCE The acceptance of a deed by the BUYER or his nominee as the case may be, shall be deemed to be a full OF DEED performance and discharge of every agreement and obligation herein contained or expressed, except such as are,by the terms hereof,to be performed after the delivery of said deed. 13. USE OF MONEY To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of delivery TO.CLEAR of the deed,use the purchase money or any portion thereof to clear the title of any or all encumbrances or TITLE interests, provided that all instruments so procured are recorded simultaneously with the delivery of said deed. 14.ADJUSTMENTS Taxes for the then current fiscal year shall be adjusted, as of the day of performance of this agreement and (list operating the net amount thereof shall be added to or deducted from, as the case may be,the purchase price payable expenses, if any, or by the BUYER at the time of delivery of the deed. attach schedule) 15. ADJUSTMENT If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned OF UNASSESSED on the basis of the taxes assessed for the preceding fiscal year,with a reapportionment as soon as the new AND ABATED tax rate and valuation can be ascertained; and, if the taxes which are to be apportioned shall thereafter be TAXES reduced by abatement,the amount of such abatement,less the reasonable cost of obtaining the same, shall be apportioned between the parties,provided that neither party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 16. DEPOSIT All deposits made hereunder shall be held in escrow by Today REAL ESTATE (fill in name) as escrow agent subject to the terms of this Agreement. The escrow agent holding the deposit pursuant to the provisions hereof will not be liable for any action or non-action taken in good faith in the performance of such agent's duties hereunder but shall be liable only for such agent's own willful default or misconduct. In the event of any dispute relating to the right of possession of the deposit,the escrow agent shall retain control over the deposit until the dispute is settled by mutual written agreement of the BUYER and SELLER with instructions to the escrow agent,whereupon the deposit will be paid over in accordance with the mutual agreements; or if the dispute is taken to a court of competent jurisdiction,the deposit will be placed in the custody of the court or otherwise paid in accordance with the order of the court. Any and all expenses incurred by the escrow agent as result of any dispute over the deposit shall be paid to the escrow agent and such payment shall be the joint obligation of the SELLER and BUYER. 17. BUYER's If the BUYER shall fail to fulfill the BUYER's agreements herein, all deposits made hereunder by the DEFAULT; BUYER shall be retained by the SELLER as liquidated damages unless within thirty days after the time for DAMAGES performance of this agreement or any extension hereof, the SELLER otherwise notifies the BUYER in writing. 18. RELEASE BY The SELLER's'spouse hereby agrees to join in said deed and to release and convey all statutory and other HUSBAND OR rights and interests in said premises. WIFE 19. LIABILITY OF If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the TRUSTEE, principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, nor SHAREHOLDER, any shareholder_ or beneficiary of any trust, shall be personally liable for any obligation,express or implied BENEFICIARY, hereunder. etc. 20. WARRANTIES The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has AND he relied upon any warranties or representations not set forth or incorporated in this agreement or REPRESENTA previously made in writing, except for the following additional warranties and representations, if any, TIONS(fill in);if made by either the SELLER or the Broker(s): none,state "none"; NONE if arty listed, indicate by whom each warranty or representation was made isi"aa of said 21. MORTGAGE pmwAses, CONTINGENCY e loan of M ' CLAUSE , (omit if not provided BU3LER ' as agent(s, &r-th@ SELLER=,pFiafte the o3q3iFa4i@a of sash time,whemupoo" payments mad@ tinder-this agfeewRM for in Offer to Purchase) 22. PERCOLATION This agreement is subject to completion of a satisfactory percolation test,done at the sole expense of the TEST BUYER(S),no later than January 1,2004. SELLER(S)grant BUYER(S)or BUYER'S representatives V CONTINGENCY the right to enter upon said property for the purpose of performing the percolation test, provided, however,that any disturbance of the earth will be restored to its original condition,as nearly as possible. The SELLER(S)and the SELLER'S AGENT do not warrant or guarantee the property is a buildable lot. That shall be determined by the BUYER(S) at his sole expense as a result of making the necessary engineering test,preparing whatever plans are necessary, and conferring with the appropriate governing authorities'to determine whether the property will be considered a buildable lot according to their I standards. 23. PERMIT AND This agreement is made subject to the BUYER(S) being able to obtain, at their expense, all the APPROVAL necessary permits and approvals required by the Town of Barnstable or any other governing authority, CONTINGENCY without any unusual requirements or expenses required of the BUYER(S) in order that the BUYER(S) may construct a 2 bedroom home on the property. The BUYER(S)agrees to notify the SELLER(S)or the SELLER'S agent in writing on or before January 5, 2004 if the BUYER(S) will not be able to obtain the necessary permits or approvals. In the event of such notification,this agreement shall then be null and void and the SELLER(S) agent is hereby authorized to return the BUYER'S deposit forthwith to the BUYER(S)with no further recourse to the parties hereto. 24.BROKER'S FEE A Broker's fee for professional services of$11,000.00 is due from the SELLER to Today Real Estate who then shall pay Craigville Realty Co. $4,950.00 upon closing. the Broker(s) herein, but if the SELLER pursuant to clause 17 hereof retains the deposits made hereunder by the BUYER,said Broker(s)shall be entitled to receive from the SELLER an amount equal to one-half the amount so retained or an amount equal to the Broker's fee for professional services according to this contract,whichever is the lesser. 25. BROKER(S) WARRANTY The Broker(s)named herein Today Real Estate&Craigville Realty Co. warrant(s)that the Broker(s)is(are)duly licensed as such by the Commonwealth of Massachusetts. 26.BROKER AS PARTY The Broker(s) named herein join(s) in this agreement and become(s) a party hereto, insofar as any provisions of this agreement expressly apply to the Broker(s), and to any amendments or modifications of such provisions to which the Broker(s)agree(s)in writing. 27. CONSTRUCTION OF AGREEMENT 7 This instrument, executed in multiple counterparts,is to be construed as a Massachusetts contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and enures to the benefit of the parties hereto and their respective heirs; devisees, executors, administrators, successors and assigns, and,may be canceled, modified or amended only by a written instrument executed by both the SELLER and the BUYER If two or more persons are named herein as BUYER their obligations hereunder shall be joint and several. The captions and marginal notes are used only as a matter of convenience and are not to be considered part of this agreement or to be used in determining the intent of the parties to it. 23.ADDITIONAL PROVISIONS The initialed riders,if any,attached hereto,are incorporated herein by reference NOTICE: This is a legal document that creates binding obligations. If not understood,consult an attorney. J r L. SELLER M spouse) Jose Amaral for Jose Amaral Trust SELLER BLJYE C. raywick B Tate D.Isenstadt _ BROKER Today Real Estate BROKER.. 0irwelRealti--c-0. (i EXTENSION OF TIME FOR PERFORMANCE Date The time for the performance of the foregoing agreement is extended until o'clock M.on the day of ,time still being of the essence of this agreement as extended. In all other respects this agreement is hereby ratified and confirmed. This extension,executed in multiple counterparts,is intended to take effect as a sealed instrument. SELLER(or spouse) SELLER BUYER BUYER l 1 BARNSTABLE COUNTY REGISTRY OF DEEDS JOHN F. MEADE, REGISTER RG425RP: LAND RECORDS COPY REQUEST Delivery: Pickup . Dated: 8-23-2002 @ 14 : 06 : 36 Wkstn: IX060 Req by: ANDREWS Remote Trans #: 223973 ------------------------------------------------------------------------------ Inst#: 02-01-1973 in Book: 1799 Page: 324 Pages requested: *All # of pages printed: 3 Copies : 2 Fee: 4 .50 ------------------------------------------------------------------------------ Customer will pick up ------------------------------------------------------------------------------ a 3 aoo�t JJy +�w( 324 03446 r CAPE ALVA CORP. a duly organir.ed corporation established un- der the Laws of the Commonwealth of Massachusetts, having its usual place of business at 17 Mossdale Road, Jamaica Plain, District of Bos- ton, County of Suffolk, Massachusetts, for consideration paid in the C'- sum of $30,500.00, grants to JOSE' AMARAL and ZZC= CxQ;=A AMARAL, I. husband and wife, as tenants by the entirety, of Hyannis, County of Barnstable, Massachusetts, with quitclaim covenants the following:- A certain Lot of land with. building thereto situated in the Town o£ Barnstable, (Hyannisport), Barnstable County, Massachusetts, known as and referred to as Lot #45 on a Plan of Land entitled "Sub- division Plan of Land, Barnstable, Massachusetts, Straightway, Scale 1"-501, 14th January, 1971, Robert G. McGlone, Surveyor and Engineer, Main Street, West Barnstable, Massachusetts for C. K. M. Associates", said pisn filed with Barnstable County Registry of Deeds, Plan 250, Page 143. Said premises are hereby conveyed subject to Protective Coven- ants as set.forth in instrument dated June 10, 1972, recorded with Barnstable County Registry of Deeds as Instrument No. 16123. For title reference see Deed of S. Anthony Realty, Inc. to GRANTOR recorded and Deed to S. Anthony Realty, Inc., dated July 7, 1972, from James E. Killett, et al, Trustees of C. K. M. Realty Associates, recorded with said Barnstable Deeds, in Book 1688, Page 086. IN WITNESS WHEREOF, said CAPE ALVA CORP., has caused its I i f i f s i �a P' (2) BIJUK UD9 I'All 325 corpurate seal to be hereto affixed and these presents to be signed, acknowledged, and delivered in its name and behalf by SALVATORE A. I10 n I FOTI, its PRESIDENT, this 5th day of January, 1973. VP i CAPE ALVA CORP. BY• cep -SALVATORE; A. F , RESIDE i i i COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. JANUARY 5, 1973 Then personally appeared the above-named SALVATORE A. FOTI, PRESIDENT, and acknowledged the foregoing instrument to be the free act and deed of CAPE ALVA CORP., bef a me. AN, NOTARY P B C MY COMMISSION EXPIRES: 10/22/76 r ^• �n�',ne�er:v:rt.ttn or r•'.r, 'I4P'CtfS < a« R I �Irr L CTIJ � 6 9. C e�r. :. I 1 i j 4 1Q 1 aoc�1733 IALL 326 CERTIFICATE OF VOTE JANUARY 5, 1973 I, HRANT H. RUSSIAN, duly elected, qualified, and acting Clerk of CAPE ALVA CORP., hereby certify that at a separate special meeting of the Stockholders of the said Cape Alva Corp., and at a separate special meeting of the Board of Directors of the said Cape Alva Corp., held on January 5, 1973, at eight (8:00 p.m.) o'clock in the evening, at 17 Mossdale Road, Jamaica Plain, District of Boston, County of Suffolk, Commonwealth of Massachusetts, all of the Stockholders be- ing present and voting throughout at the said Stockholders Meeting,and all of the Members of the Board of Directors being present and voting throughout at the Directors Meeting, it was unanimously.; VOTED: That the said CAPE ALVA CORP. convey Lot #45, shown of Plan recorded with Barnstable Registry of Deeds, in Plan 250, Page 143, being in Hyannisport, Barnstable County, Massachusetts to JOSE' AMARAL, ET UX, for $30,500.00, and that SALVATORE A. FOTI, PRESIDENT of the said CAPE ALVA CORP., is and be hereby authorized and empower- ed in the name of said CAPE ALVA CORP., to execute, .seal, acknowledge, and deliver a Deed, and any and all documents and instruments that he may deem beet to consummate the aforesaid. And I further certify that SALVATORE A. FOTI is the duly elected, qualified, and acting PRESIDENT of CAPE ALVA CORP., and that the above stated vote has not been rescinded, altered, or amended X'respect and is now in full force and effect. 12 1�, s• 1",f, ATTEST: ,y I 1 •, •'♦ HRANTCLERK RECORDED FE® - i W13 I BARNSTABLE COUNTY REGISTRY OF DEEDS A TRUE COPY,ATTEST . y JOHN F.MEADE,REGISTER I IDS _Ipr��roM F1 qqs � n � 3 ��e�60urae�q �y pox/ ary A RCHAEL P. MORIZIO Attorney at Law 92 Oak Street Mansfield, MA 02048 (508) 339-4594 April 24, 1995 Ralph Crosson Building Commissioner Certified Mail Town of Barnstable R.R. Requested 367 Main Street Hyannis, MA 02601 RE: Zoning Complaint & Request For Enforcement Action Dear Mr. Crosson: Enclosed please find Mr. Richard F. Looney' s formal complaint and request for zoning enforcement. Mr. Looney is the owner of property in Hyannis which abuts the offending lot. Your prompt attention to this matter would be greatly appreciated. Thank you for your time and due consideration. Very truly yours, NMichaeP. Morizio TOXIN OF BARNSTABLE BUILDING DEPT. enclosures p APR 2 7 399TJ EC` EIVE April 24, 1995 Ralph Crosson Building Commissioner Certified Mail Town of Barnstable R.R. Requested 367 Main Street Hyannis, MA 02601 RE: Zoning Complaint/ Enforcement Request Single Lot Owned By M/M Amaral And Shown on Tax Assessor' s Map 268 As Adjoining Lots 243 & 244 Dear Mr. Crosson: I understand as the Barnstable Building Commissioner you are the zoning enforcement officer. Please accept this writing as a landowner' s formal zoning complaint and request for enforcement action. I own the property located at 35 Melbourne Road, Hyannis, (shown on Tax Assessor' s Map 268 as lot 245) . My request for zoning enforcement concerns the above referenced single lot owned by Jose and Maria Amaral . The Amarals ' lot abuts my property. ZONING VIOLATION In 1973, lot 243 was purchased in the name of Jose- and Maria Amaral . Lot 243 had a home constructed thereon with frontage on Candlewick Lane . In 1981, adjoining lot 244 was purchased also in the name of Jose and Maria Amaral . Lot 244 was undeveloped land in 1981 and remains undeveloped land today. As of 1981, Both Amaral lots were held in common ownership, were adjoining, and thus became a single lot pursuant to § 7 of the Barnstable Zoning Ordinance. The Amaral single lot has a total lot area of 21, 757 sqft . On or about 1985, Barnstable amended the Zoning Ordinance by increasing the minimum lot area to 43, 560 sqft. In 1987, Jose and Maria Amaral deeded lot 244 to the Amaral Family Trust. This deed checkerboarded title of a nonconforming 21, 757 sqft lot into two grossly nonconforming lots of 11, 265 sqft (lot 243) and 10, 492 sqft (lot 244) . Checkerboarding title violated the Zoning Ordinance' s 43, 560 sqft minimum lot area requirement . During 1994 and 1995, the zoning violation has been compounded. Lot 244 is being offered for sale reportedly as a buildable lot. I object to the continuing zoning violation and object to the issuance of any building permit for lot 244 . Ralph Crosson • Building Commissioner April 24, 1995 Page two REQUESTED ZONING ENFORCEMENT The zoning violation caused by checkerboarding title cannot be allowed to continue. The Amarals ' ownership in the two lots had merged into unitary title by 1985 when minimum lot areas increased. The two (adjoining) lots had become a single lot as a matter of both zoning and title law. The subsequent 1987 deed to the Trust was after the restrictive zoning change and grossly increased the single lot' s nonconformance . The Amarals cannot be allowed to segregate title in checkerboard fashion ten years after a restrictive zoning change in order to escape applicability of the change. Wright v. Board of Appeals of Falmouth, 24 Mass .App.Ct. 409 (1987) . The Amarals ' undersized single lot is currently unavailable to be sold or constructed upon. Swift enforcement action is essential . Should lot 244 be sold the Amarals will not have the legal ability to voluntarily correct the violation. Immediate zoning enforcement is necessary to ensure that the violation will be corrected. I respectfully request that the Town of Barnstable promptly remedy the ongoing violation by immediately: * Issuing a notice of zoning violation and demand for corrective action. If corrective action is not forthcoming, I request that a complaint for enforcement be filed in the appropriate court to ether with notice g � thereof in the registry of deeds . Enclosed please find a December 6, 1994, memorandum to you from attorney Michael P. Morizio, with all attachments cited therein, including: attorney Morizio memoranda to Mr. Alfred Martin (March 31, 1994) and to Mr. Jose Amaral (March 16, 1994) . Attorney Morizio' s writings and exhibits should provide all required information. Attorney Morizio is further authorized by me to communicate with your office on this matter. Very truly yours, Richard F. Looney 19 Cambridge Terrace Cambridge, MA 02140 MICHAEL P. MORIZIO Attorney At Law ' 92 Oak Street Mansfield, MA 02048 (508) 3394595 December 6, 1994 Ralph Crosson Building Commissioner Certified Mail Town of Barnstable R.R. Requested 367 Main Street Hyannis, MA 02601 RE: Property in (Hyannis) Barnstable Shown on Tax Assessor's Map 268 as Lot 244 (23 Melbourne Road) and Lot 243 (34 Candlewick Lane) Dear Mr. Crosson: Please accept this. writing as a follow-up to our recent telephone conversation concerning the above referenced lots. I am writing on behalf of Mr./Mrs. Richard F. Looney, owners of adjoining property located at 3X'SMelbourne Road, Hyannis, Barnstable. Tax Assessor's Lot 244, with an address of 23 Melbourne Road, is presently being offered for sale through Prudential Prime Properties, (Centerville) , apparently as a buildable lot. We believe it is not a buildable lot as it is only 10,492 sqft and thereby fails to satisfy the minimum total lot area of 43,560 sqft for zoning district RB. I am" enclosing with this letter a more expansive explanation with supporting title documents, dated March 31, 1994, as previously provided to Mr. Martin of your office. REQUESTED ACTION The Looney family objects to any attempt to receive a building permit for the Melbourne Road parcel. The Looney family respectfully demands: 1. Any application for a building permit for the parcel shown on Tax Assessor's Map 268 as Lot 244, with an address of 23 Melbourne Road, be denied for failure to conform to the zoning bylaws' minimum lot area of 43,560 sqft. 2. Any building permit which may have been issued for the foregoing Melbourne Road property be immediately revoked. I Ralph Crosson Building Commissioner December 6, 1994 Page two DISCUSSION Year: 1971 The original subdivision plan for the subject land was first approved. Year: 1981 Lot 244 (Melbourne Road) was purchased as raw land by Jose and Maria Amaral. At the time of this purchase abutting Lot 243, (Candlewick Lane) , was also owned by Mr. and Mrs. Amaral and contained a single-family residence. As of 1981, both contiguous lots were owned by the same individuals in exactly the same name. and legal form. These two adjoining lots were therefore held in common ownership and became one lot for purposes of zoning regulation. (See: Barnstable Zoning Ordinance, section 7, definition of "Lot" . ) • As of 1981, the Amarals' "single" lot contained 21, 757 sqft: (10, 492 sqft [Melbourne] ; and 11,265 sqft [Candlewick] . ) Year: 1985 I understand the Town amended the zoning bylaws applicable to this property by increasing the minimum total lot area required to 43,560 sqft. The Amarals' 21,757 sqft lot then became nonconforming. Year: 1987 I Two years after the zoning change the Amarals re-subdivided their nonconforming 21,757 sqft property into two grossly nonconforming parcels by deeding the former Melbourne Road parcel to themselves as the Amaral Family Trust. This re-subdivision followed the property boundaries of the original 1971 subdivision plan. Unless the common title history is known, the re- subdivision results in the inaccurate appearance that the 10,492 sgft- Melbourne Road parcel retains buildable status from the . original 1971 plan approval. The Amarals' single lot of 21,757 sqft was held in common ownership when the 1985 zoning change was adopted. As such, the • Amarals had a maximum of five years, only until 1990, to receive ! a building permit for Melbourne Road under the old zoning minimum lot area standard. 40A M.G.L: § 6; section 4-4. 5, Barnstable Ralph Crosson Building Commissioner December 6, 1994 Page three Zoning Ordinance. The five year period has now passed and any request for a building permit for Melbourne Road must be denied because of nonconformance. Neither can the 1987 re-subdivision be used to avoid the 1985 increased minimum lot area requirement because it was undertaken after the zoning change and exasperates the minimum .lot area nonconformance. Case law unquestionably supports the reality that no building permit may be issued. See: Wright v. Board of Appeals of Falmouth, 24 Mass.App.Ct. 409, 415 (1987) , (subdivision lots conveyed by landowners to themselves individually and to trusts, after zoning change, were not exempt from zoning change and properly denied building permit. ) ' For authority that adjoining land must be used to diminish, not expand nonconformities, see: Planning Board of Norwell v. Serena, 27 Mass.App.Ct. 689, 690 (1989) , [affirmed 406 Mass. 1008 (1990) ) , citing: Vetter v. Zoning Board of Appeal of Attleboro, 330 Mass. 628, 630 (1953) ; Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 353 (1963) ; Alley v. Building Inspector of Danvers, 354 Mass. 6, 7-8 (1968) ; Raia v. Board of Appeals of • North Reading, 4 Mass.App.Ct. 318, 322 (1976) ;' Arrigo v. Planning Board of Franklin, 12 Mass.App.Ct. 802, 804 (1981) ; Gordon v. Zoning Board of Appeals of Lee, 22 Mass.App.Ct. 343, 349 (1986) ; Shafer v. Zoning Board of Appeals of Scituate, 24 Mass.App.Ct. 966, 967 (1987) ; DiCicco v. Berwick, 27 Mass.App.Ct. 312, 313-314 (1989) ; Karet v. Zoning Board of Appeals of Worcester, 27 Mass.App.Ct. 439, 440 (1989) . If any questions arise I would be more than pleased to discuss this matter further. Thank you for your time and due consideration. Very truly yours, , CM Michael ,P. Morizio enclosures cc.: (Ltr. only)" M/M Looney M/M Amaral Chris Hallett/ Prudential MICHAEL P. MORIZIO ANornsy A law 92 OAK STREET MANSFMLD, MA 02049 (S08) 339.4594 March 31, 1994 Alfred Martin Building Inspector Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Property in Hyannis, MA; Shown on Tax Assessor's Map 268 as Lot 243 (34 Candlewick Lane) and Lot 244 (23 Melbourne Road) Dear Mr. Martin: I am writing on behalf of Mr. and Mrs. Richard Looney, owners of property at 35 Melbourne Road, Hyannis. Mr. and Mrs. Looney wish to bring to your attention that the above referenced Melbourne Road lot, (which adjoins the Candlewick Lane lot) , is apparently for sale as a buildable lot. In our opinion, because the Melbourne Road lot does not conform to the one acre minimum lot area a building permit should not be issued. The Melbourne Road lot's nonconformance to zoning may not be readily apparent. To explain briefly, Jose and Maria Amaral purchased the Candlewick Lane lot in 1973. This lot is 11,265 sqft and contains a residence. In 1981 the Amarals purchased the Melbourne Road lot in exactly the same name and legal form. The Melbourne Road lot is 10,492 sqft, undeveloped, and . abuts the Candlewick Lane lot. Accordingly, as of 1981, these two adjoining lots were held in common ownership and became one lot for purposes of zoning regulation. (See: Zoning Ordinance, section 7, definition of Lot. ) In 1985 the Town amended the zoning bylaw to require a minimum total lot area of one acre. Based on our reading of applicable law, this single lot which comprised the former Candlewick Lane and Melbourne Road parcels was subject to the 1985 zoning change. However, two years after the zoning change the Amarals deeded the Melbourne Road parcel to themselves as the Amaral Family Trust. Some nine years after the zoning change the Trust now appears to be selling the Melbourne Road parcel as a buildable lot. We do not believe a single lot held in common ownership can later receive grandfather protection years after a zoning change. • For your convenience enclosed herewith are: a copy of Tax Assessor's Map 268; relevant title documents; and a more detailed Alfred Martin • Building Inspector March 30, 1994 Page two writing dated March 16, 1994 which we have provided to the Amarals and which I have annotated to reference title documents. We believe the safety and harmony of the Melbourne Road residential area would be adversely affected if the increased density of an additional residence were permitted. Limited parking and speeding vehicles using Melbourne Road as a shortcut are current problems and would worsen. Moreover, I believe the area is within the Groundwater Protection Overlay District. An additional septic system on an undersized parcel would not be in concert with minimizing groundwater discharges. For these reasons we ask that you review this matter and conclude that no permit to build may .be issued for the Melbourne Road parcel. Thank you for your time and consideration. Very truly yours, Michael P. Morizio • tTABLE OF CONTENTS DOCUMENT EXHIBIT Letter of March -16, 1994 to Amarals Original Subdivision Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . .A 1973 Deed For Candlewick Lane . . . . . . . . . . . . . . . . . . . . . . . .B 1981 Deed For Melbourne Road. . . . . . . . . . . . . . . . . . . . . . . . . .0 1987 Deed To Trmst After Zoning Change . . . . . . . . . . . . . . .D Tax Assessor's Map No. 268 . . . . . . . . . . . . . . . . . . . . . . . . . .E Q I ' AUCHAEL P. MORIZIO Attorney At Law 92 OAK STREET ! r MANSFIELD, MA 02W (SU)339-4594 March 16, 1994 Jose Amaral, Trustee Amaral Family Trust 45 Candlewick Lane Hyannis, MA 02601 By Certified Mail Jose & Maria Amaral Return Receipt Requested 45 Candlewick Lane Hyannis, MA 02601 RE: Your Property in Hyannis, MA; Shown on Tax Assessor's Map 268 as Lots 243 and 244; with address of 34 Candlewick Lane and 23 Melbourne Road Dear Mr. and Mrs. Amaral: T am writing on behalf of Mr. and Mrs. Richard Looney, owners. of property at 35 Melbourne Road, who are concerned that you may intend to subdivide your property at 45 Candlewick Lane into two Snonstandard lots with the belief that the parcel fronting Melbourne Road can be sold as a buildable lot. The specific concern is that any building on the Melbourne Road parcel would cause serious overcrowding. For this reason I must unfortunately inform you that Mr. & Mrs. Looney object to any attempt to build on the Melbourne Road frontage. I. The Lot Is Not Buildable The current Barnstable Zoning Ordinance places your property in the RB District. Since May 1985, the RB District's minimum lot area requirement is one acre, (43,560 sgft) . Your property, before any subdivision, is nonstandard with a total area of only 21,757 sgft. It is our opinion that subdividing this lot into smaller lot areas of 11,265 sqft (Candlewick Lane frontage) and 10,492 sgft (Melbourne Road frontage) is contrary to local zoning and will not result in the creation of a buildable lot fronting Melbourne Road. I am aware that after the 1985 zoning change you subdivided. ' record title into two parcels using a trust and following the "old boundary lines of the original subdivision plan approved in 1971. . Nonetheless, you purchased these two adjoining lots in exactly the same name and legal form which remained unaltered when the 1985 zoning change became effective. As a result, this property was in common ownership at all relevant times with the contiguous lots merging into a single lot, as defined by the Barnstable Zoning ordinance. The status of title as commonly owned in 1985, together with no building permit for Melbourne Road known to have been issued within the past nine years, is solely determinative. In our opinion • no building permit may now be issued. An examination of title history and the prescriptions of chapter 40A and section 4-4.5.1 of the Zoning Ordinance supports this opinion and further demonstrates that any other reasonable theory of grandfather exemption is not possible. II. Title and Zoning 8i9t0ry 1. The original approved subdivision is shown on a Plan of Land recorded at Plan Book 250, page 143. This Plan showed your Candlewick Lane parcel as Lot 45, and the Melbourne Road parcel as Lot 46. — FX V11 bj- - J� 2. By deed dated January 5, 1973, and recorded at Book 17991 Page 324, you acquired lot 45 (Candlewick Lane) in the name of "Jose Amaral and Maria C. Amaral", as "tenants by the entirety" .. 3. By deed dated November 20, 1981, and recorded at Book 3398, Page 186, you acquired Lot 46 (Melbourne Road) in the name of "Jose Amaral and Maria C. Amaral", as "tenants by the entirety". 4. Lots 45 and 46 are adjoining and share more than 125 feet of common boundary. Zoning Ordinance at section 7, defines • two commonly owned and adjoining lots as a single lot. 5. On or about May 1985, it is understood that the municipality revised the minimum lot area to one acre. At the time of the 1985 zoning change title in Lots 45 and 46 remained as stated above, in common ownership. 6. Six years after acquiring Lot 46, by deed dated November 21, 1987, and recorded in Book 6C36, Page 24, you transferred title to former Lot 46 (Melbourne Road) to the Amaral Family Trust, a nominee trust which Mr. Amaral is the trustee and which you retained complete control of the trust res. — r-ExVIObit D 7. The 1987 trust transfer greatly increased the nonconforming 21,757 sqft lot by attempting to create two significantly smaller lots. As the below discussion explains, to receive grandfather exemption the status of title before the 1985 zoning change must show separate lot ownership. The title history of your property unquestionably demonstrates that both adjoining lots were held in common ownership before and at the time of the zoning change. No grandfather exemption thereby exists. The 1987 transfer to the trust is after the zoning change and cannot, as a matter of law, provide grandfather exemption from the 1985 zoning change. 111, DisaussioD 1 . Status Of Title Before the -zoning Change Is Determinative. Section 6 of chapter 40A, ("Zoning Act") provides, in relevant part at the fourth paragraph, first sentence, statutory exemption from increased zoning only when: (i) at the time of recording, the . (ii) adjoining land is not held in common ownership. The Massachusetts Supreme Judicial Court (SJC) held in Adamowicz v. Town df I2swich, .395 Mass. 757 (1985) , that the "time of recording" refers to the most recent instrument of record prior to the effective d$te of the zoning change. If the instrument of record (which may Oe a deed) before the zoning change reveals that the land was not separately owned, the statutory requirements for exemption have not ]been met. Zd. , at 762, 764. In your circumstance the zoning change occurred in 1985 with the prior instrument of record being the 1981 deed for Lot 46 which undoubtedly created common ownership with adjacent Lot 45. The 1987 deed to the trust i is more than two pears after the zoning change and ineffective. Because of common mwnership in 1985 the statutory requirement of separate ownership has not been met and no zoning exemption exists. See also Wright, infra. Section 4-4.5.1 of the Zoning Ordinance is consistent in that�" it requires separate ownership. • The remaining rovisions of paragraph four in section 6 of the Zoning Act concern commonly owned property but do not afford any protection for yo' r property. Briefly, a limited exemption is available but only% for five years after the zoning change. Within this five year lin►itation period an application for a building permit must have keen filed, which in your instance, has never occurred. The analysis ' as presented needs no further discussion to conclusively determine that the frontage on Melbourne Road cannot receive a building permit some nine years after the zoning change. However, next following is an expanded discussion which is offered only to dispel any possible notion that the Melbourne Road frontage may receive a building permit. . 2. 1987 Transfer of Title To The Trust Cannot Result In An Exemption From The One Acre Lot Area Requirement._ As a matter of zoning law, separate ownership with perpetual exemption protection cannot possibly have been created by transferring your adjoining land to a trust under your control. The obvious reason is that the trust transfer is inconsistent with the statutory prerequisite in section 6 that the lot be in conformance with zoning at the time of transfer. Seer Wright v. Board of Appeals of Falmouth, 24 Mass.App.Ct. 409, 415 (1987) , (subdivision lots later conveyed by landowners to themselves individually and to trusts, After a zoning change. were not exempt from changes. ) Your . combined property is only 21,757 sqft, or 50% undersized in 1967 and when record title was transferred to 'the trust. Not only did the property fail to satisfy zoning at time of transfer, but the transfer greatly exaggerated the nonconformance with even smaller lots. It is without -reasonable doubt that neither the trust, nor any successor-in-title to the trust, may currently claim a valid statutory exemption or receive a building permit premised on the 1987 transfer. It is worthy to note that failure to satisfy zoning at the time of trust transfer is not the only reason why no exemption can possibly exist. Assuming, arguendo, that the trust transfer had been before 1985 and the zoning change, the property would still be subject to the increased lot area requirement. A longstanding maxim in zoning law, codified in the new Zoning Act, is that landowners must use adjoining land under their control to avoid or minimize nonconformances before they may avail themselves of statutory zoning exemptions. In Planning Board of Norwell v. Serena, 406 Mass. 1008 (1990) , the SJC upheld the denial of building permits for landowners who, before enactment of a zoning change, transferred title in one lot to themselves as tenants by the entirety with the second adjoining lot to themselves as trustees of a trust. Notwithstanding technical compliance with the statute by trust transfer prior to the zoning change, the court denied landowners separate ownership status and exemption because the applicable section of the Zoning Act codified a principle of longstanding zoning application which prohibits landowners from creating a nonconformity when adjoining land can be used to avoid or diminish the nonconformity. Citing Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, (1963) . When you transferred record title to the trust you merely checkerboarded title. For as long as the trust holds record title both lots remain under your control and are subject to the 1985 changes, as well as to any future zoning changes. As .the foregoing decisions illustrate there is no possible theory which could transform the 1987 trust transfer into a grandfather exemption in perpetuity. Any request for a building permit in 1904 by the trust directly, or by a successor-in-title to the trust, must be denied. rV. conclusion In our opinion, record title in 1981 is determinative as to establishing common ownership and the necessity to comply with the 1985 zoning change. No building permit has ever been issued and none may now be issued some nine years after the zoning change. The 1987 conveyance to the trust post-dated the 1985 zoning change and is irrelevant. Apart from the conclusiveness of title in 1981, the 1987 trust conveyance cannot create a perpetual, grandfather exemption. At time of conveyance the lot was not in conformance with zoning but rather worsened the nonconformance. Nonetheless, checkerboarding title as a strategy no longer grandfather's lots indefinitely under the new Zoning Act even when zoning requirements were met at time of checkerboarding. Since the 1985 zoning amendment has been in effect for nearly nine years, with no building permit known to have been requested or received, no building permit may now be issued. It is unfortunate that this writing had to be presented. It would be of greater misfortune. to all, however, if an uninformed purchaser of the Melbourne Road parcel discovered after purchase that the lot is not buildable. I urge you to seek counsel in order to fully.understand the opinions expressed herein. I trust you will appreciate our desire to avoid the possible situation of having to object to a building permit after issuance. For this reason we intend to express our opinion to the Building commissioner so that he may be fully apprised. Very �tru ours, c Michae Morizio ASO \A- 1 1 • In YOM •ta • Wrl (�.. 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ShntY S•me•/Sl.,,/syHarb Yehh �/ {' �° ►ll' Mery A •95csby ,:N ..•"' 1 Iz..O n r1• / C/4!d'a I N•• .. . w•: •i'•• 1 r _; V �I •!1.7651 Ak.\f, •� / ar\ I l � �-.ir .1 �•• w1.. j M� . � SI l i •• [ ���-� �r'.`;���L��.�'••. \Y .! �� (t r © { .1•l0• i tll s w.o1 « N,llpf •• •. t'•®1 ` •`/ © f ' •�"' �� r '-)• �. -r___ �_-tom.-•__�_. .-1_'_ _o.. f- - _- _ _ •. 10.4I2. •i .'2 \��. . �• .Q . � ..{. _ r t���- ����---_ -_- EF_OV(�CVG _� Ji'Q ��►--•__--- --� �1-a+.y�� -Nl1(. � '•! � i u,Of{f ..� Ewa• 1} �t�.•_1 -� �� _� J •.r. . � ;� �. -•� ...... .. -'• �� � �� =•'.•-•.:�'' 1 o i ,.ram • •1{♦ ~ *t yyy1 O• ( b CCU• ` J ©!1l1 !{ /OOt°I � • ® 1� © � 1 O'\ :. 1O.{ „ r ..w 0140 M.0)f• \ • - • I Corp �Awx L. •par At Alva* LIhZB Ga p. d�, • w 1 I (,anze M�de,iea � d C.4:/l.! ,poa/ � •r• „ .,�t•t�i '�• �1s C C�e l .ic.; cns 41 y,/ SusoiVisio.v fRA.V 4--IAAm. 5 — ,BlretlS ST•e.q/cNTWAV- ��s�6�J�I S C��� 7 7 sue. r•so• 14a~Aw/971 Poelsrl.:/NLrilwa Scve.r,x#IE..a~ie raz t C M. Asstac , HOWARD W.SFARS Grc✓K�./at«.tA4,K.4 .. - ' _ ��'i. w�a.../..y A4 T•+.�•.4n• .w/�f►....rrr.J,�ws�.��v.:✓w.[a•' �1�./ �/l i �.'--y _.-....................... A"1 2WO '�d.•nM/.\B•gpl�,Qj rl VItLW-�. [•.Yr�..a- '�.Y*� t, doe 1799 w 324 '03446 • CAPE ALVA CORP. a duly organized corporation established un- der the Laws of the Commonwealth of racsachusetts, having its usual place of business at 17 Mossdale Road, Jamaica Plain, District of Bos- ton, County of Suffolk, Massachusetts, for consideration paid in the sum of $30,500.00, grants to JOSE' AMARAL andZX== CSCZAA AMARAL, husband and wife, as tenants by the entirety, of Hyannis, County of Barnstable, Massachusetts, with quitclaim covenants the following:- A certain Lot of land with building thereto situated in the I Town of Barnstable, (Hyannisport) , Barnstable County, Massachusetts, known as and referred to as Lot 045 on a Plan of Land entitled "Sub- E division Plan of Land, Barnstable, Massachusetts, Straightway, Scale 110501, 14th January, 1971, Robert G. McGlone, Surveyor and Engineer, ' Main Street, West Barnstable, Massachusetts for C. K. M. .Associates", said plan filed with Barnstable .County Registry of Deeds, Plan 250, Page 143. Said premises are hereby conveyed subject to Protective Coven- i ants an set forth in instrument dated June 10, 1972, recorded with Barnstable County Registry of Deeds as Instrument No. 16123. For title reference see Deed of S. Anthony Realty, Inc. to u GRANTOR recorded and Deed to S. Anthony Realty, Inc., dated July 7, 1972, from James E. Killett, et al, Trustees of C. K. M. Realty i Associates, recorded with said Barnstable Deeds, in Book 1688, Page 086. ' WHEREOF, said CAPE ALVA CORP., has caused its � IN WITNESS WHE , ' r i '- 0_� �. — r • r anir 1'!JJ ru i corporate seal to be hereto affixed and these presents to be signed, ? acknowledged, and delivered in its name and behalf by SALVATORE A. , 'M,11C•• s POTI, its PRESIDENT, this Sth day of January. 1973. ,. .%� Io i ''• CAPE ALVA CORP. ' BY: •�•��fl�Q"�twr�• i —SALVATORE A. FUFI. S E ComMOMALTH OF MASSACHUSETTS MIDDLESEX, SS. JANUARY 5, 1973 Then personally appeared the. above-named SALVATORE A. FOTI, PRESIDENT, and acknowledged the foregoing instrument to be the free act and deed of CAPE ALVA CORP., bef a me. • T H. RUSSIAN, NOTARY PUBL C MY COMIIlISSION EXPIRESi 10/29/76 r0f1!!.r!11V.tAL:H Of f.:/._:/'.IV'rT!S f J �•�• .• '. • i Exhu6ct e0ofmr,cf 186 37,,M w•sAd weem wnMrr OWN ssnat Pom YOUNG C. CHANG AND OCK BOON CHO: CHANG, husband and wife, as Tenants Dy the Entirety, both of North Attleboro Bristol Colstq,� ixs,%ot.%-im d for consideration paid,and in full consideration of Ten Thousand five Hundred ::ollars (510,500.00) oran:sto JOSE ALARAL and ILARIA C. AY.ARAL, husband and Nile to Tenants • by the lntirety of 45 Candlestick Lane Hyaanisport, MA with 4autlalm ramsasta tbelandm Barnstable (Hyaanisport), Barnstable County, Massachusetts more particularly described ea follows: Y�i< A certain parcel of land situated in the Town of Barnstable (Hyaanisport), Barnstable County, !Massachusetts, known and referred to as Lot 46, on a plan of land entitled "Subdivision Plan of Land, Barnstable, Massachusetts, Straightway, Scale 1" a 50' . 14th January 1971, Robert G. McGlone, Surveyor and Engineer, Main Street, West Barnstable, Massachusetts For C.K.M. Associates, said plan is .filed f with Barnstable County Registry of Deeds, Plan Book 250 Page 143. Said premises are hereby conveyed subject to Protective Covenants as set forth in instrument. dated June 10, 1972, recorded with Barnstable County Registry of Deeds as Document No. 16123 insofar as now in force and applicable. This conveyance is made together with the right of way over ` Melbourne Road, Sugar Lane and Candle Wick Lane as they appear on, said plan. - �� For title to LOT 46 see deed of Cape Alva Corporation to Grantors dated May 14, 1973. and recroded Barnstable County Registry of Deeds in Book 1858 Page 117. da vn.shsiL_19_81- • �liurlle - seals our-hands' and y - 1eoung C. ang - Ock Soon Choi Chang ' CIO Qiammaameabil of f 6ARa8�c ILq/oV 2e 1981 F bea peisonally appeared the above named Youae t . Cv q jc :..L Ocr- Seienl Cn.I C,w4a6 and admowledged the foregoing instrument to be I&rr free as and deed,before me Ad VarrD L.CNAsfnf NwriF6Wk-)P"1R fli" y " UrCommumimwMM Io/� tpr4► ems: (Owiridual—)Oiw Teams—Tsoams io Common.) I CHAYM as SM aAs AMMED aY CHArrU 497 ott hiss ttaq&W pamewd for osmed"=made or hm osdmod opm @ rr fan am&raid==sad paw ofis oddr�e of wool t '.r sad a wo f the amsum of We Idl CM.Wcaum d rmg!s doam«dw mftm N&e why mideaies reed«.Yam 61"nd ' .- !«•tprdfir�n run The&U mmidmi m rhdl sm de aaW pner f«re moeeyssa w.&M dodsr i f«sq liem sr tacsehrrm«umed hf dre ermwe«rminioj d+eram Aa os&osdormssb nd mds6,hall Ix rrmdrd w pm rr rr dmL loilsre r mmpy orith a «cum,hall sot a9en rr V"17 of my dud.No nrp of doedr*a amps a AW far amrd�ss sslrr �� .....�pti..m.,�re�•� hEURED NOV 20 6 1 •.� wGD36ncf 024 h FOSEL AND "Ain C. AMARAL, husband and wife. as Tenants ` • irety, bothdlewick Lane, Hyannisport. BarnstableCO°"y~""�""�w ofNOMINAL COt:SIUERATION E AMARAL, Trustee of the Amaral Family Trust. under a n of Trust dated October 30. 1987 and recorded at the 1 Barnstable Registry of Deeds herewith. at 45 Candlewick Lane, Hyannispeet. MA. W" quitclaim towmatib UK ted m ) Barnstable County, Massachusetts Barnstable (Hyan►:is�erc , more particularly described as follows: A certain parcel of land situated in the Town of Barnstable (Hyannisport). Barnstable County, Massachusetts, known a:id referred to as Lot 46. on a plan of land entitled "Subdivision Plan of Land. Barnstab-Massachusetts. Straightway, Scale 1"-50'. loth January Bern: Roberta McGlone. Surveyor and Engineer. Main Street, West is Barnstable. Massachusetts F07Registry• AufoDeeds, Planciates, dBookn250 Page .. filed with Barnstable County 143. ' Said premises are hereby conveyed subject to Protective Covenant as set forth in instrument dated Juue 10, 1972, recorded with Barnstable County Registry of Deeds as Document No. 16123 insofar as now in force and applicable. the ht er MelboThis conveyanceurne R ad, Sugar1LanedandoCandlewickgetherhLane asgtheyfappearvon said plan. For title to LOT 46see deed of Young C. Chang, et ux to Grantors dated Nov mbar 20.1981Pa and 1recorded at Barnstable County Registry of in ge 86. Eaeaned as a UAW ien+saam IM day of November 21 19 87 J SE AMARAL MARIA C. AMARAL i �t of ?Iassacliusstis November IH 87 Barnstable S No.c aaoed Jose Amaral and Maria C. Amaral ,�waft�,r de sad ael.o.M+dsed ve (sepia{"`"'ao 10 be their tr ae r deed; f nw' WILLIAM A. PR1CF� JR• �.r�y dr Me My aonu,i..;,a eaPib January 2L, it 93 NOV 24 81 TOWN OF BAR 'PSTABLE MA ASSESSORS MAPS see 1; q� Ob Is is t6 23ac o too s goo ss f IROtp 4 9S t t8 tt- p&C o 23tt, 93 234c �sa.c • 9E .26 21 ': 24 ° •23AC. 234c t '0O a R040 .. 0 top 'V N 25 .33AC. - s.se.� xd— e 30 _ a all .Pro s � ,as , , as ,fir• 1' ,, �: , , ert • f 4 91 26aC• kb ss� Zb� ✓� of .:�•p .Qs 1 .as•� •fs� ! • . f fit V - at4 j/t 237 f64 O ro ,ga pC saN • as AC •��:sb ssJ, a w�rcr � t 11�. 040 =awe aas . . 1CC : C d QJ t)t ..Ads aM g ,-� ; sa•• R BIC ... . ..2iK .t . 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A„e w& ZM: JUN 7 t8T1 iwe e..•.ol..✓.e..e/ ,+w.+fd�I,Af r gjCrs.f.d,l�ref ee,lwtt••✓.per jOPleed d eai pb•Y e b •+rl• r•o•,r•e/d rwy .fib X-.yAd a6Jv n•e!+fiv . �.�w✓nt..dy e�'a./✓one s AL BARNSTABLE COUNTY REGISTRY OF DEEDS 9 >�aTeac 1 A TRUE COPY,ATTEST�LR4MtR�nP n8EJ�0 • ' NOY8e1H I 5L� JOHN F.MEADE,REGISTER 1 I 1 CVRve DATA Il R11pW ARC A uftg"7 CWRC t2ARIq 1 58600 Is0101 KT Is'46' sw),I70 109.•)94 0fI7641'4- e eex0 Oros'/r sss1 4 70&w6 srefwss'w 1 /6oa■w vs.. ol•sww ae O7l 6r602 9srl0'ss&/ + Do o 40."1 Hs•Is•ts' 47 rwe 50!66(. 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'na1� , ,• gyp. . iw .64W ®. •u 2 i ,r a 6 R ® � 1 j07/d• /�;If♦ � %.°• e• M to .. �1MeM ..' 6a e11t - A.eaN.. '.■s N1 + ® a 100ie p l ° r 1( ° ? -��--'�''�— -'f"' - -.��1—��T� jam. 0 t l lee b !� O n• �- - _ -_ �� R _��- �— -� A � - '• ef-r- s � Ald-Stw: s- p1s M e N�� ���� II.' irF°w+ .. Ir. iw-u• .. IZ /vs1�,� • t r" 7e' w1,w 0 • ig, i1 I . `E ® * .-0 00 w /00/0.4 /eo.o e- 1 Aeee:f° 4 I000G°� /4e°O°• Neel e' /e046°. « r' It 1 4 •L 10,0004 'f2 a 10,0300 1 10,0754 vs ea.eee - •,••a ° w. .Iri ar.a.° a.•e. s/.1a1s: a.■ 2 O ►■` 1 .e.o.• sor eevE H ■ eo•e�-yr: Ier.se fer•�e er w .0 5 S. 101264 "" ►••er.+`'oa'•e eea�' r• /r- I tl /O ! e T l /C w1 ,.N c i r @ Cor/� A/�JGna L• .Tes¢Giz)WO Lanza Coro. And '� 31• �r rs 2 B - 0000 ■ +E o oov) SaBD/V/S/OAJ f 2AW oFLAMD ,B WAIS TABL Ar, MMM 'Sr p/QINT wivY Sd VA -'Z/ I4✓A,tmA.CY/97/ -uiic.Ei"■�.. -.•�'/`�.1i.-� ay.....ffi-.;:q,.::.:r�:%�::c.3s 1 -M,a�u.S�Er (�1ernrr�vacsrAeu.S M/oas. r foe Al. flMX/R723 or AS r..1e f Qs,a+7fi66,Aids NcnR a qr^"a/^ 16Y Aar /\CMI�Q4/4{/({iE Iwo/11 ./W//14'Slte+� ,'.e•;LM4+adws Raw slaw 1971 ';�y ��- �cr'a'1 ✓J •�L 1 Tww C,fe•C e I BARNSTABLE COUNTY I` REGISTRY OF DEEDS A TRUE COPY,ATTEST JOHN F.MEADE,REGISTER J. 143 i t4/lS ,b.• CMO[O [iA[I Da _ I IOD 9S4 mcelrs e•4 ' 1 7e 4A'; aGdr+55V sr cst s srso'se'r 60 4G( W7rj4'a4-w ss.scs ste•so'1aw of Des NOr Ye's9` IL o'D sOl,a4-3ew tt SMS N•d00'47-6 COO" 10AW10S 14.0-Je w42•SI'04-6 I ,nrre AvA Lib . 14.4" N4111/Y9-w I �yg 490 4w ld.e40 33191•/7""G I « /OO eK JS.lSS aDe'is'aa'w /JY1 ir"./Be M ra.4 1 I v4s-"-ze-N/ 41 14a Nad'!7'9t w Z4 S•% OVI&W. e I 7S 74S ufOse,'Weg f5�� � eraret rely go 1r a rr,'Nnv 4.•1a ,.,u1 ,al.l }1 Q S ( 1 ♦ ♦s1['rr•rrs crew P ,.,.. :al.1.u, 'n.ai ` 1 : Y II,2BS \ S" s R f21400� ♦ seer'[ it.-$ _•,i. .�' j �. �Z �"- r.+•„'u... .,`� �, . s p� �.r `tar a's•s p.t,e C .` a ¢j ti.a ,n ///® e� Y lop A.ese• a ® ;V \ ` p . ••! a7r4i A i i I 3 _�' •` - , .. as,416 .,.a.�. ::h.w, .•. /SS46/ e ® :�� 9 .4 R. ••r ` ,, t� tl �!-v.., y 4921 ; y� \ ® `�,�ta�H•.,•s sa.n+ It File In. , s,!•S,'stY la.ft1 roee4l e" "+ ©s •_ � i= )C �. O 111,11. tar`.!• .h, •.e /0,000o ,.! � $i }d� Z I0,0I20 [WO-Jew R.let .e 10,000I u!' ® F . 0 14p° 1,% .. • �,•1,. ,ro /O,Oq.}� t 10,036• \ 1� 1 -NA�['erts Setae .TaS¢Q2/l�a/o Lanza CO r/O• S a S .b 771 ..,. rr,r"orY hs» 1 Loop.• /140 i pas'• sa '4 " o. N W � e,sss.4s1•AL�'s n aril ,v ofLgva P /lAss. y ' A.cmAq•/97/ B.vewra�eer�MAW /AT25 BARNSTABLE OUNTY REGISTRY OF DEEDS A TRUE COPY, ATTEST JOHN F.MEADE, 1EGISTER 1 I R►M IL 4 �cr+LuuLE ao F'.v.c. PROFILE VIA'N UP' AUUI I-JUIV 7'U LEACHING SYSTEM SET LEV41 FOR AT LEAST 2 FT. 12- 1.71111 10' min. from-- 1. 1-1 ' -" DISTRIBUTION BOX SHALL BE I NEW Foundation house to septic tank TOF = ELEV. 105.00 Septic tonk coven must be 3" of 1/8" - 1/2' Washed Peastone MiMin 6 in. of fYdehed grode over SAS - 102.E 3/4" to 1 1/2 " Washed Crushed Stone I KNOCKOUTS Grade ow Septic Tank - 103.00 /�--Grade over D-Box - 102.00 �' T - S.S• 12• INLET .`• 4•PVC(CAPPED) INSPt CTION PORT TO BE OUTLET I ,� . • S - 0.0T INSTALLED ANp TO BE 1NT1eN 6• Of CRADE .� 6. O.v^ S-0.10 3 HOLE H-10 3' Naeirnum Cover Tap Load - Elev. -100.00 _ ,sy �.3' i L tY o NEW _ OR GREATTp [MST. BOX S- 0.010• per foot . Top of SAS - Elev. -99.50 155• 4 - SC 40 Tl c} cw O 1,500 GAL. u, -- o SEPTIC TANK r 30' ,,----40" Effective Depth H 1.75•� - PLAN SECTION CROSS-SECTION N � H-10 o a N 20' S �-units P 6.25' = 30' � n �� d0 ____ A `yam. Fti1 r0UN0A >Y �� •u `' o 00.83' (10 inches) ' 3' c 4 :u L o - - -3L2s'- - 3 HOLE H-10 DISTRIBUTION BOX > compacted eta» o °p NOT TO SCALE Not to Scale c 3 SYSTEM PROFILE s in of ' '/T. m > = a3Fn`oo T c u > Effective Length m,,..o a .r rr. va.,,,,• ,,.._.,...,,. 4' -2 5- 4' S❑IL ABSORPTION SYSTEM (SAS) L 6 i1.of 3/4•-1 1/2- v 10' INFILTATR❑R HIGH CAPACITY (H-20 L❑ADING)/ GE❑RGE ❑'BRIEN GENERAL NOTES compacted stone v Effecttve vldth (OR EQUIVALENT) Not to Scale NOTE: ALL COMPONENTS MUST HAVE RISERS TO WITHIN 6" BELOW GRADE m° 1. Contractor is responsible for Digsafe notification o Bottom of Test Mole 1 Elw.-92.00 NOTE: OVERALL HEIGHT OF INFILTRATOR IS 18" /EFFECTIVE HEIGHT IS 10" and protection of all underground utilities and pipes. v Obs. Groundwater - Test Hole 1 Elev.= NONE OBSERVED 2. The septic tank and distribution box shall be set level on 6" of 3/4"-1 1/2" stone. -- - -- - - - 3. Backfill should be clean sand or gravel with no stones over 3" in size. PERCOLATION TEST 4. This system is subject to inspection during installation by Carmen F. Shay - Environmental Services, Inc. 5. The contractor shall install this system in accordance Dote of Percolation Test: DECEMBER 19, 2003 NOTE: SITE IS IN A ZONE OF CONTRIBUTION - REQUEST A 1 BEDROOM PERMIT ONLY. with Title V of the Massachusetts state code, the approved plan Test Performed By. CARMEN E. SHAY, R.S. C.S.E. and Local Regulations. Witnessed By. DAVID STANTON (BARNSTABLE B.O.H) 6. If, during installation the contractor encounters any SHAY ENVIRONMENTAL SERVICES, INC. soil conditions or site conditions that are different Percolation Rate: 2 MPI O 36" CA ND L E WICK from those shown on the soil log or in our design installation must halt & immediate notification be Test Hole made to Carmen E. Shay - Environmental Services, Inc. T No.2 Ie No. 1 LA NE 7. No vehicle or heavy machinery shall drive over the i septic system unless noted as H-20 septic components. DEPTH SOILS ELEV. DEPTH SOILS ELEV. 8. Install Tuf-Tite gas baffles or equals on all outlet tee ends. 0 103. 0 t02.00 9. All Distribution Lines shall be 4" diameter Schedule 40 NSF PVC pipes. iLoamy Loamy Sand 10. All solid piping, tees & fittings shall be 4" diameter 10 YR 3/2 10 YR 3/2 Schedule 40 NSF PVC pipes with water tight joints. 0"-10" A o IO2.6D1 0"-10" A o ot.to 11. Municipal Water is Connected to The Residence and Abutting Loamy Loamy Properties Within 150 Feet. Sand Sond 10 YR 5/6 10 YR 5/6 10"- 34" Be 00.6 10"- 34'1 Be 99.20 Medium- Medium- LOT #45 THE PROPERTY LINES ARE APPROXIMATE AND coa coarse COMPILED FROM THE SURVEY PLAN GENERATED BY sandnd I sand C.K.M. ASSOCIATES OF W. BARNSTABLE, MA ENTITLED 120 _ c, 34"- 120 C, 9200 "SUBDIVISION PLAN OF LAND IN BARNSTABLE, MA - STRAIGHTAWAY" S O7d 11' 46�� W DATED JANUARY 14, 1971. IT SHOULD BE USED FOR NO PURPOSE OTHER THAN THE SEPTIC SYSTEM INSTALLATION. 125.70' TEST HOLE #1 --------- -------104 NOTE: NO WETLANDS ARE PRESENT WITHIN 200 FEET OF PROPERTY. / TEST HOLE #2 LOT #47 ELEV = 102.00\��� 164' �4 ELEV /,' ASSESSORS MAP - 268 LOT - 244 ' ' ZONING - RESIDENTIAL =r.. FLOOD -ZONE C Perc #1 Perc #2 \�� I Depth to Perc: 36 to 54" Depth to Perc: 36" to 54" 1Q`Z w '/ r PDROCOSED 104X1 I11 THERE ARE NO WETLANDS LOCATED WITHIN A 200' RADIUS Perc Rate= 2 MPI Perc Rate= 2 MPI N OF THE SITED SEPTIC SYSTEM. Groundwater Not Observed Groundwater Not Observed No Observed ESHWT No Observed ESHWT Q LEGEND ADJUSTED H2O Elev. = None ADJUSTED H2O Elev. = None " 2.? 1 7.25' > e PROPOSI LI Design Calculations w f D-Box PROPOSED w DENOTES PROPOSED FOUNDATION 104X 1 FUTURE LOT' 44 w :j- rn a # SPOT GRADE Number of Bedrooms: 1 Equivalent to 110 Gal./Day (330 Gat./Day Min. per Title V) 00 ;`= GARAGE Garbage Grinder No �4 tNH V 105.00 0� 1a DENOTES EXISTING LeachingCapacity Proposed: 330 Gal. Da Minimum Min. Per Title V ¢' _. X 104.46 P Y oP / Y ( ) R = 97.50 v 00 SPOT GRADE Septic Tank - 3 x 330 Gal./Day = 660 USE NEW 1,500 GAL. Septic Tank. -% = 106.00 SOIL ABSORPTION AREA: Using percolation rate of <2 min./inch 2.5' 20 ' j A PL PROPERTY LINE Bottom Area: 0.74 gal/sq. ft. x 370 sq. ft. = 273.8 gallons W \ X Sidewall Area: 0.74 gal./sq. ft. x 78 sq. ft. = 58 gallons 96P PROPOSED CONTOUR Providing: = 331.80 gallons IPROP Use: (5) INFILTRATOR HIGH CAPACITY H-10 UNITS, HAVING A 0.83' (10 INCHES) EFFECTIVE LOT #4b Ol. 1 r}i DRIVEOWAYjEXISTING CONTOUR DEPTH, TO BE USED WITH 4.0' OF WASHED STONE ON THE SIDES, AND 3.5' OF WASHED STONE 10,500 Square Feet t j- 30.ON THE ENDS. NO STONE UNDER. 04 - , DEEP TEST HOLE & , ' PERCOLATION TEST LOCATION 3-24•aAw. AC MSS MANHOLES ' �� ' \ 6 FOOT STOCKADE FENCE 10' e• --l - j 1 15.87 f I 1 7�4 .--� .t- .:� _ _ - - - -- - - -- - I �.7� N 07d 1 1' 46" E' `- ; 1-------r----- 102 I 100 --- --------- L-- 100 - - - INLET - / 1 � �1 /. " - �� ----L-\----- - 1 1 P LOT PLAN0 , T ---------- �` THE ACCESS COVERS FOR THE SEPTIC TANK, ME L O 11R NE R OA D q DISTRIBUTION AND LEACHING COMPONENT O F PROPOSED SEPTIC SYSTEM 1,-,..�,-•r.�r.; SHALL BE RAISEDSED TO WITHIN 6" OF "�'� �^ FINISHED GRADE. (40 FOOT RIGHT OF WAY) 8c FOUNDATION LOCATION STEEL REINFORCED PRECAST CONCRETE INSTALL TUF-TITE GAS BAFFLES OR EQUALS PLAN VIEW ON ALL OUTLET TEE ENDS PREPARED FOR 3-24• WWVAIRE OOVM M R . S A M T R A Y W I C K AT - - #32 MEEBOURNE ROAD T-rnh•dearond - I I 13• .N£T . INLET e mii_I •-min. Met to outlet e. - _� u�la-ie..t 01nf T PROJECT BENCH MARK. 1� PK NAIL SET HYAN N IS MA s -r i qt_ 5' -r E Y '"`"h ELEV. = 100.00 (Assumed) >iae I 4 PREPARED BY: U e a...e. pIN 4 d�th s _ i4: CA tNO� RJ1�'N E. SHAY ' CROSS - 20 40 50 o�a�`GILBEp-sic Y ENVIRONMENTAL SERVICES, INC. OSS SECTION END SECTION - __ rlel P.O. BOX 627 TYPICAL 1500 GALLON SEPTIC TANK �' sT�a` EAST FALMOUTH, MA 02536 i` ^ � P`' TEL/FAX : 508-548-0796 NOT TO SCALE SCALE: 1 =20' 1 . S 1 "=20' DRAWN BY: CES DATE: MARCH 2, 2004 H- 10 LOADING PROJECT#SD532 FILENAME: SD532PP.DWG SHEET 1 OF 1