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HomeMy WebLinkAbout0158 MELBOURNE ROAD,, � — --_.._ `\ .�_�e:! t r l�5� Q^1.1, 1.0 ` f L` LCJ�'•1 i TOWN OF BARNSTABLE CERTIFICATE OF OCCUPANCY PARCEL ID 267 158 GEOBASE ID 16975 ADDRESS 158 MELBOURNE ROAD PHONE W HYANNISPORT ZIP (LOT 25 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT NY PERMIT 47675 DESCRIPTION SINGLE FAMILY DWELLING (BLD PMT #43717) PERMIT TYPE BCOO TITLE CERTIFICATE OF OCD pa tyment of Health, Safety CONTRACTORS: and Environmental Services ARCHITECTS: OxTNE TOTAL FEES: , Qi► BOND $.00 CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE 1 PRIVATE P ERT1yiA83. 1639. Fp�► BUILDING' I�;I . B G T1 TT? CCU - / I1 VV-n T n T r% - TOMS! tt"a 54g9 B7- p;f J.. F EO t 7} MELBOURNE ROAD P14ONE. E ;T fistyX 25 l i) ," 'LOT I..JST..t`� Ni, 4�11,()PMENT DI STRUCT Pj? �? tq.�:T 4:3717 DESCRIPTION ��,� C4'G�A Fb'�1e.��y,�# 3t����r�7��l�s;l� �`� �£� 00 -029 GI 'ZRAC`�`O PS: MARKW OD CORPORATION Department of Health; Safety CHI Tt'S= ;and Environmental Services '-%'OTAL rEl.:1. V261, 10 THE BOND $.00 . .101 AS1!Q(`tLF. F,MM, 'HUMli I PRIVATE.ATE. T—)ji1 S'�T�: * BAftNWABM MASS. A Ep MAC i BUILDING DIVISI.OBY Ux ;,R 3 tw"',tyS1tJ-ED 0 #/2 S,,,,Z 0`0, TE. ;^ ti 11 ON DATE, 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 PERMITS .ARE REQUIRED FOR ; 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). PANCY IS REQUIRED, SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. . . 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. VISIBLEPOST THIS CARD SO IT IS BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS j 1 lee � I 2 2/ A,i44 � 4/� 2 3 s U 1 HEATING INSPECTIQY7PFLOVALS ENGINEERING DEPARTMENT. �'' 2 >g�C� AR O HEALT OTHER: SITE PLAN REVIEW APPROVAL I WORK SHALL OT PRO E D UNTIL PERMIT WILL BECOME NULL AND VOID IF CON INSPECTIONS IS'JDICATED ON.THIS THE INSPECTOR HAS APPROVED THE STRUCTION WOR S NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF HE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA TION. NOTED ABOVE TION. I 54-BUILDING I PER ,MIT �I y I I I TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map c ' Parcel 5 S Permit# �3 71 -7 Health Division L3�d Gi �/�©G�� Date Issued a� Conservation Division R'law SEPTIC SYS ° �© Tax Collector " I INSTALLED IN COMPLIANCE WITH TITLES. Treasure I ENVIRONMENTAL CODE AND Planning Dept. N REGULATIONS�;.r. Date Definitive Plan Approved b Planning Board Historic-OKH Preservation/Hyannis 1% II Project Street Address L 4 25 `�`� ►'KIb�(�rYLZ ' rr ,, Village W. I nis lN�s Owner 2 ., Address 1/0 rs�a ul h s� � Telephone eP Permit Request I + ' C4 �i1a71 r 1 !a Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Estimated Project Cost Zoning District P?6}L Flood Plain Groundwater Overlay — Construction Type L_)0_J K Lot Size 10 140SG,. Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ®f No On Old King's Highway: ❑Yes 0 0 Basement Type: Of ull O Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) 11L� Number of Baths: Full: existing new o? Half:existing new . Number of Bedrooms: existing — new —01 Total Room Count(not including baths):existing new First Floor Room Count -3 Heat Type and Fuel: 2reGas ❑Oil ❑Electric ❑Other Central Air: ❑Yes 3 No Fireplaces: Existing New IX Existing wood/coal stove: ❑Yes ZNo Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial Tes Nor If yes'site plan review# Current Use �h L to j Proposed Use L M) — INFORMATION hwName � 4 BU DER Telephone Number Address , O License# ( (J_�z 7 /Io 1 GL Home Improvement Contractor# ` Worker's Compensation# 1L P d ALL CONSTRUCTION DEBRIrESU3LTI NGU THIS PROJECT WILL BE TAKEN TO C SIGNATURE DATE FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS - VILLAGE - z. OWNER, • _ - .- r _ _ r� DATE_OF INSPECTIQN: ,, t FOUNDATION FRAME p s INSULATION C r FIREPLACE x: } ELECTRICAL: (`kk—L� .= FINAL PLUMBING: RuH FINAL , GAS: R 'I " FINAL ` 4 FINAL BUILDING"' ru 5 DATE CLOSED OUT ti ASSOCIATION PLAN NO. ti `oFINe►o,,�o� The Town of:Barnstable % BARNSTABLE. ' Department of Health Safety and Environmental Services MASS. t679• �0 PrFo � Building Division 367 Main Street,Hyannis,MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner Inspection Correction Notice Type of Inspection a Location I� j Q GUY2►� Permit Number !+3 L ' Owner Builder 4 4-11�='L�OW IV V- One notice to remain on jobsite, one notice on file in Building Department. The following items need correcting: AS 0 �S . Please call: 508-862-4038 for re-inspection. Inspected by Date j �' OptMETp� The Town of-Barnstable BARNSTABLE. • Department of Health Safety and Environmental Services MASS. f6)9• �0 rEo►��.. Building Division 367 Main Street, Hyannis,MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner Inspection Correction Notice Type of Inspection ✓ Location e's (M-2(d o U 4,AJ4 Permit Number ) t Owner Builder One notice to remain on jobsite, one notice on file in Building Department. The following items need correcting: "exv""4`11 fe" . ) P'k4 r-e- 0 '400 VC, ED Please call: 508-862-4038 for. e�-inspection. Inspected by �--- ��J Date �� 2 ( alp - r y. r ESTIMATED PROJECT COST WORKSHEET Value LIVING SPACE square feet X $55/sq. foot= / GARAGE (UNFINISHED) `U — square feet X $25/sq. foot= —� PORCH "—'U _ square feet X $20/sq..foot= U DECK Il7X�02 /�Q square feet X $15/sq. foot OTHER `—' U- square feet X $??/sq. foot= �U Total Estimated Project Cost LO ds � � �/JLC- q990915b FALSE vk .�zsan¢xlma6;SmeucxL.:=.- _ lFF7.ELF V bT'16lV.:.. " Tom ®-It 5"-e28.619L .. rut Rgwcs .:.. ..L•iYEEZ - - tc ..: ,• .; Z , �rta�Tr-FCFSTi.�IIl'�FiC:— � ..�.•L yC1 _� c1 4: r,cery-P,o t Pr Nimin.ary•.pl.aAs #n0 layouts;Uy QL II'ari for tnelusq of 3f1[�I'.tu)tomlr{'only_.any'ozner use n it h.Lrt ! .� '?ii7ElG1L3r. J — s now • I ° 4.0 I .,J' � Zb..2�...tY.On�GANC.F•p,TrOrt-7.L � copy -O Fu9 _1 �I _ +w. Oct tj � a . 1 - - �xT1IIF��- r ..• layouts.Ey QC tnerr iusiomns only::Any G2rui use's strictly prom Wf dam• zi st. sec, .... _ b r - - r� COPublic Health.Division Town of Barnstable a r PO Box 534 Hyannis,Massachusetts 02601 Fax(508)775-3344 t--'' Phone(508 790-6265 - —'3ECOIVt�FIWR PV�N 1 BR1-All 14T - -�--- - a 1' p 3itr�cwsrdssaorx` � in �1 _art :rA+�.'� ( ;: _ �sns cop si t a . �mgnt p r"s AO nts ltset=ved 777'c i . a C .. .... hHr cieitomers oeey.,AM, roe.cate - PreLminaN Plans and layoeik'i.by DGiD.ar4 for cp use of i ��eie�uie rs xi ctty P -___-- ra�rlc+a Y,crswff��t.�. .. SSS1hT' . _.—_._. rr� max._... _.___.._._ ._ - • 7ni � rxe oae 5"-428-6191 f i 42 . rr C3ust �c op1"—�i-- StnBrStN6.. __ cmjngnt p ISOI All Rq"t. it ;Pr elinlinLry plans.ina layouls by DC.D.are for the use of their Cu3LOerefa wily.Any other use is strictly ptortibit !_ I I I MAScheck COMPLIANCE REPORT I Massachusetts Energy Code I Permit # I MAScheck Software Version 2.01 I I I I I Checked by/Date I I I CITY: Dennis STATE: Massachusetts HDD: 6137 CONSTRUCTION TYPE: 1 or 2 Family, Detached HEATING SYSTEM TYPE: Other (Non-Electric Resistance) DATE: 12-7-1999 PROJECT INFORMATION: Lot 25, 158 Melbourne Rd. West Hyannisport COMPANY INFORMATION: Channel Development Corporation 110 Breed's Hill Rd., Unit 10 Hyannis, MA 02601 COMPLIANCE: PASSES Required UA = 303 Your Home = 269 Area or Cavity Cont. Glazing/Door Perimeter R-Value R-Value U-Value UA ------------------------------------------------------------------------------- CEILINGS 720 30.0 0.0 25 W1kLLS: Wood Frame, 16" O.C. 1712 13.0 3.0 122 GLAZING: Windows or Doors 195 0.270 53 GLAZING: Skylights 32 0.420 13 DOORS 42 0.350 15 FLOORS: Over Unconditioned Space 864 19.0 0.0 41 ------------------------------------------------------------------------------ COMPLIANCE STATEMENT: The proposed building design described here is consistent with the building plans, specifications, and other calculations submitted with the permit application. The proposed building has been designed to meet the requirements of the Massachusetts Energy Code. The heating load for this building, and the cooling load if appropriate, has been determined using the applicable Standard Design Conditions found in the Code. The HVAC equipment selected to heat or cool the building shall be no greater than of the design load as specified in Sections 780CMR 1310 a 4. ���+, Builder/Designer Date MAScheck INSPECTION CHECKLIST / Massachusetts Energy Code MAScheck Software Version 2.01 DATE: 12-7-1999 Bldg. l Dept. l Use I I I CEILINGS: [ 1 I 1. R-30 I Comments/Location I I WALLS: [ 1 I 1. Wood Frame, 16" O.C., R-13 + R-3 I Comments/Location I I WINDOWS AND GLASS DOORS: [ ) I 1. U-value: 0.27 I For windows without labeled U-values, describe features: I # Panes Frame Type Thermal Break? [ j Yes [ J No I Comments/Location I I SKYLIGHTS: [ J I 1. U-value: 0.42 I For skylights without labeled U-values, describe features: I # Panes Frame Type Thermal Break? [ ] Yes [ ] No I Comments/Location I I DOORS: [ J I 1. U-value: 0.35 I Comments/Location I I FLOORS: [ ] I 1. Over Unconditioned Space, R-19 I Comments/Location I I AIR LEAKAGE: [ ] I Joints, penetrations, and all other such openings in the building I envelope that are sources of air leakage must be sealed. When I installed in the building envelope, recessed lighting fixtures I shall meet one of the following requirements: I 1. Type IC rated, manufactured with no penetrations between the I inside of the recessed fixture and ceiling cavity and sealed or I gasketed to prevent air leakage into the unconditioned space. I 2. Type IC rated, in accordance with Standard ASTM E 283, with no I more than 2.0 cfm (0.944 L/s) air movement from the the I conditioned space to the ceiling cavity. The lighting fixture I shall have been tested at 75 PA or 1.57 lbs/ft2 pressure I difference and shall be labeled. I I VAPOR RETARDER: [ I I Required on the warm-in-winter side of all non-vented framed I ceilings, walls, and floors. I ( .MATERIALS IDENTIFICATION: . 3 [ ] I Materials and equipment must be identified so that compliance can r i be determined. Manufacturer manuals for all installed heating I and cooling equipment and service water heating equipment must be I provided. Insulation R-values and glazing U-values must be clearly I marked on the building plans or specifications. I I DUCT INSULATION: [ ] I Ducts shall be insulated per Table J4.4.7.1. I i DUCT CONSTRUCTION: [ 1 I All accessible joints, seams, and connections of supply and return I ductwork located outside conditioned space, including stud bays or I joist cavities/spaces used to transport air, shall be sealed I using mastic and fibrous backing tape installed according to the i manufacturer's installation instructions. Mesh tape may be I omitted where gaps are less than 1/8 inch. Duct tape is not { permitted. The HVAC system must provide a means for balancing I air and water systems. I I TEMPERATURE CONTROLS: [ ] I Thermostats are required for each separate HVAC system. A manual I or automatic means to partially restrict or shut off the heating i and/or cooling input to each zone or floor shall be provided. I I HVAC EQUIPMENT SIZING: [ ] I Rated output capacity of the heating/cooling system is I not greater than 125% of the design load as specified I in Sections 780CMR 1310 and J4.4. I [ l I SWIMMING POOLS: I All heated swimming pools must have an on/off heater switch and I require a cover unless over 20% of the heating energy is from I non-depletable sources. Pool pumps require a time clock. I [ l I HVAC PIPING INSULATION: HVAC piping conveying fluids above 120 F or chilled fluids I below 55 F must be insulated to the following levels (in.) : I I PIPE SIZES (in.) I HEATING SYSTEMS: TEMP (F) 2" RUNOUTS 0-1" 1.25-2" 2.5-4" I Low pressure/temp. 201-250 1.0 1.5 1.5 2.0 I Low temperature 120-200 0.5 1.0 1.0 1.5 I Steam condensate any 1.0 1.0 1.5 2.0 I COOLING SYSTEMS: I Chilled water or 40-55 0.5 0.5 0.75 1.0 I refrigerant below 40 1.0 1.0 1.5 1.5 I � [ ] CIRCULATING HOT 'HATER SYSTEMS: I Insulate circulating hot water pipes to the following levels (in.) : I I PIPE SIZES (in.) I NON-CIRCULATING I CIRCULATING MAINS & RUNOUTS I HEATED WATER TEMP (F) : RUNOUTS 0-1" I 0-1.25" 1.5-2.0" 2.0+" I 170-180 0.5 i 1.0 1.5 2.0 I 140-160 0.5 I 0.5 1.0 1.5 I 100-130 0.5 I 0.5 0.5 1.0 I ----NOTES TO FIELD (Building Department Use Only)------------------------- The Commonwealth of Massachusetts Department of Industrial Accidents + � 600 Washington Street a J'" Boston,Mass. 02111 Workers' Compensation Insurance davit "� � Y�/'/% /�i222 2:/��/��%%�%///� �<..... f .. name: t location: city (0bon); ' . hone# ❑ I am a homeowner performing all work myself, ❑ I gun a sole vroprietor and have no one workin in any ca acity I am an employer providing workers' compensation for my employees working on this job. com nnv name: address: city: RC,t4Y1 Y1 1q19 Phone#: insurance ca. SCJC4olicv# C PCV) ❑ I am a sole proprietor,general contractor, or homeowner(circle one)and have hired the contractors listed below who have the follo«ing workers' compensation polices: company name: address: `1l♦: .. ..... .. hone#-... . �..... . msarnnce ca. •./%%///%i%///////////////%i%//%////%///%/////////%%/////////%////%/%///%/////%////////%///////////%///%//////////////////////�///// //////// ////.% ..,../.�/�/////./lip .c;c.�`:�/��/r�% comnanv name: 40 address d cit% ... phone#' :..,. ....... insurance co. :..:...:.. :.:::::� ... _ .,....:.:;;;:�- l ...:..;s.z. ... :::.:.:.::...:. .... .... %//G / % / %////%///i. Fatiure to aeE coverage as required under Section 25A oCMGL 15d tothe tmpoaitlon ofc .00and/or one yeah'ionment n well a,civil penaitln in the form of a STORK ORDER and a tlae of 5100.00 a day against me. I understand that a copy of this ment may be fornarded to the OIIIce of Investigatlons of the DU for coverage vertflcatlon. I do h �r�{ a pains and penakies ojperjury that the information provided above is tt r7uo and correct Signature 117 - pate / —�S Print name / / ZA�!/] Phone# 7------------ of ci2l use only do not write in this area to be completed by city or town oMcial city or town: permitNcerue# ❑Building Department ❑check if immediate response is required ❑Licensing Board ❑Selectmen s OMce ❑Health Department contact person: phone#; _ ❑Other (MVMW 9195 PJA1 Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the "law", an employee is defined as every person in the service of another under any con=.-z—. of hire, express or implied, oral or written. An employer is defined as an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receive:C.- trustee of an individual, partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance , construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renews: of a license or permit to operate a business or tg:construct buildings in the commonwealth for any applicant who_has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neitherthe. . commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. . Applicants Please fill in the wormers' compensation affidavit completely, by checking the box that applies to your situation and supplying company names, address and phone numbers along with a certificate of insurance as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. 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 Accidents. Should you have any questions regarding the'law"or if you .are required to obtain a workers' compensation policy, please call the Department at the number listed below. City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. The affidavits may be returned 10 the Department by mail or FAX unless other arrangements 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 Me of Invezagadons 600 Washington Street Boston; Ma. 02111 fax#: (617) 727-7749 phone #: (617) 727-4900 eat. 406, 409 or 375 �a�'�•s.i.��_.,�.,_..2.�.:+�_7f�•2i�.:fir-r'�•.—''e�..a".T'Jx-�: ,,..c U, s'�.�t�6�✓7""rf�.'j t•1 � (���� T1e eomm-w--ealll r •t, I r BOARD OF BUILDING REGULATIONS f License: CONSTRUCTION SUPERVISOR =NumI�F �C�S '005867 . 1 Tr.no: 8410 � 1 ,ro s i i 1 To: 00 } TIMOTHY PEAR ONr POBX 519 CENTERVILLE, MA 02632 Administrator I t�`?S. i t r} •ti r�i'1 �d>,nl .5.� 5 �� ti r ' � / I I agree that as of the date of this letter Lot 25, comprising a single unit on a Plan recorded on Plan Book 250, Page 143; 158 Melbourne Road, Hyannisport, MA is, for zoning purposes, one buildable Lot. Ralph M. Crossen Date g Achents\pearson\melboume... I I 4 JEFFERY JOHNSON CENTER PLACE 1550 FALMOUTH ROAD CENTERVILLE,MASSACHUSETTS 02632 Jeffery Johnson Telephone(508) 790-5776 George W.Miller Facsimile(508)775-1945 December 22, 1999 Ralph M. Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Request for Determination of Buildability of Undersized Lot Locus: Lot 25, Plan Book 250, Page 143; 158 Melbourne Road, West Hyannisport, MA Parcel ID#: Map 267, Parcel 158 Land Area: 10,040 Square feet or .21 acres Zoning District: RB Present Owner: Edmond Arcaro and Alba Arcaro Dear Mr. Crossen: I am writing to request a determination from you that for zoning purposes, the above referenced locus is a "non-conforming lot" exempted from the current minimum Lot size provisions of the Barnstable Zoning Ordinance. The facts regarding the Lot are as follows: 1. The Lot was established on a Plan of Land dated January 14, 1971, the plan is recorded at Barnstable County Registry of Deeds in Plan Book 250, Page 143, locus is shown thereon as Lot 25. The subject locus has 10,040 square feet of land (21 acres) and fronts on Melbourne Road, an approved way, 66.61 feet. 2. The history of Lot 25 is as follows: � 1 - James E. Kellett, Michael A. Costrino and Anthony N. Micelotti, Trustees of the C.K.M. Realty Associates deeded Lot 25 to Edmond R. Arcaro and Alba Arcaro by deed dated June 10, 1972 and recorded in Barnstable County Registry of Deeds at Book 1687, Page 124. The Arcaros continue to own the property to this day. Copies of these documents are attached for your reference. 3. The western abutter of the property is Melbourne Road, an approved way. 4. On the north,the locus is bounded by Lot 26. The title history of Lot 26 is as follows: James E. Kellett, Michael A. Costrino and Anthony N. Micelotti Trustees of the C.K.M. Realty Associates deeded Lot 26 to Olinto A. Colace, Jr., June 10, 1972 and recorded at Barnstable County Registry of Deeds at Book 1687, Page 125. Olinto A. Colace placed a mortgage on the property, by instrument dated January 21, 1992, which is recorded at Book 7853, Page 89. This mortgage was eventually foreclosed and a foreclosure deed was issued from Luigi Colace and Antonia Colace, (the holders of the mortgage)to Antonia Colace, said deed was dated February 10, 1999, and recorded among the records of Barnstable County Registry of Deeds on March 2, 1999, Book 12097, Page 175. Antonia Colace continues to own this property to this day. Copies of these documents are attached for your reference. ' 5. The north easterly abutter of the locus is Lot 16. The history of Lot 16 is as follows: James E. Kellett, Michael A. Costrino and Anthony N. Micelotti Trustees of the C.K.M. Realty Associates conveyed Lot 16 to Leon J. Jodice by deed dated May 8, 1971 and recorded in Barnstable County Registry of Deeds in Book 1513, Page 1191. Leon J. Jodice in turn conveyed Lot 16 to Christopher A. Taddeo and Janet E. Taddeo by deed dated January 12, 1972 and recorded at Book 1586,Page 274. Christopher A. Taddeo and Janet E. Taddeo conveyed Lot 16 to Bruce G. Baldwin and-Donna M. Baldwin by deed dated February 27, 1997 and recorded in the Barnstable County Registry of Deeds at Book 10628, Page 292. Bruce G. Baldwin and Donna M. Baldwin in turn conveyed Lot 16 to Anthony C. Collucci by deed dated November 13, 1998 and recorded at Book 11838, Page 216. Copies of these documents are attached for your reference. Since May 8, 1971, Lot 16 has remained in ownership separate from the subject Lot 25. 6. The subject Lot 25 is bounded on the east by Lot 17. The title history of Lot 17 is as follows: Leon J. Jodice conveyed Lot 17 to James E. White and Carol J. White by deed dated September 14, 1973 and recorded in the Barnstable County Registry of Deeds at Book 1933, Page 82. James E. White and Carol J. White conveyed Lot 17 to P- DELTA, Inc. by deed dated September 5, 1986 and recorded at Book 5287, Page 310. P- DELTA in turn conveyed Lot 17 to Som P. Virk by deed dated January 27, 1990 and recorded at Book 7082, Page 114. Copies of these documents are attached for your reference. _ 2 - ti r Therefore Lot 25 has been held in ownership separate from the adjoining Lot 17 since at least September 14, 1973. 7. Lot 25 is bounded on the south by Lot 24. The title history of Lot 24 is as follows: James E. Kellett, Michael A. Costrino and Anthony N. Micelotti Trustees of the C.K.M. Realty Associates conveyed Lot 16 to Leon J. Jodice by deed dated September 19, 1972 and recorded in Barnstable County Registry of Deeds in Book 1751, Page 4. Leon J. Jodice in turn conveyed Lot 24 to Arthur K. Rohloffe and Sharon A. Rohloffe by deed dated November 25, 1973, and recorded at Book 1970, Page 201. The Rohloffes then in turn deeded Lot 24 to Alfred A. Bleau by Deed dated June 9, 1983 and recorded in Book 3766, Page 157. Alfred A. Bleau deeded Lot 24 to Howard Anthony Roberts by deed dated March 4, 1996 and recorded at Book 10089, Page 51. Howard Anthony Roberts continues to own this property to this day. Copies of these documents are attached for your reference. Since at least September 19, 1972 Lot 24 has remained in ownership separate from the subject property Lot 25. Therefore Lot 25 has been held in ownership separate from the adjoining Lots since at least September 14, 1973. 8. On February 28, 1985; by article One of the Town Meeting of the Town of Barnstable the minimum Lot size for the subject area was increased to 43,560 square feet. Based on the foregoing it is my opinion that under Section 4-4.2(1)Town of Barnstable Zoning Ordinance, this Lot was not held in common ownership with any adjoining land at the time of the zoning change which made it non-conforming, and has a minimum of 5,000 square feet of area and 50 feet of frontage and conforms to the existing zoning when legally created and was separately owned at the time of every zoning change which made it non-conforming. Therefore, it is my opinion that this Lot is "grandfathered" and may be built upon for residential purposes because the Lot conforms to Section 4- 4.2(1)of the zoning ordinance. Please inform me by signing a copy of this letter and returning by mailing it back to me as to whether or not in your opinion this Lot may be built upon for residential purposes. Thank you for your attention to this matter. Very truly you 11*eon JJ/ldc 3 LOT 25 TITLE HISTORY �e�168I rara i � �- -- we, James`B. bellett, Michael A�-Coatrino and Anthony B. •Mieelotti, Trustees of C K M Realty Associates, under a written Deola 4 1on of Trust dated May 13, 1970, and recorded with Barn- w stable County Registry of Deeds in Book 1471, Page 851, as P-mended by instrument dated May 13, 1970, recorded in Barnstable County id Registry of Deeds, Book 1483, Page 856, of 23 West Street, Milford Worcester County,Massachusette, . for the fall middeation of $6,250.00 Paw tnntto Edmond Aroaro and Alba Arearo, husband and wife, tenants by the entirety, z ' - j . of2 Washington Street, Franklin, Massachusetts, with gtttttlahtt Of PUb the land in Barnstable (Hyannisport) Barnstable County Massachusetts, bounded and described as follows: A certain tract or parcel of land situated on the easterly side of Melbourne Road in Barnstable (Hyannisport) Barnstable County, Massachusetts and be" iag shown aeLot #25/'on a plan entitled Subdivision Plan of head, Barnstable;Mass. "Straightway" Scale 1"-501, 14 January 1971 Robert G. McGlone, Surveyor & Engineer Main Street, West Barnstable, Mass. For C.E.M.• Associates"said _ )lan_filed with Barnstable County Registry of'Deeds"Plan Boot/250, Page 143,1said Lot r25 being bounded and described _as--showz-oz- ----- - _ -_ � .said-plea`-ae�f"ollows: - y -- - I EORTHPRLY: by Lot #26, as shown on said plan, 100.000 feet; WESTERLY: by Melbourne Road, as shown on said plan, 66.611 �• feet; � c a SOUTHWESTERLY: by a curve having a radius of.25.000 feet, as shown ' on said plan, a distance of 21.739 feet; and by a curve having a radius of 52.500 feet, as shown on - ! : said plan, a distance of 23.145 feet; f SOUTHERLY: by Lot f#24, as shown on said plan, 77.251 feet; c ° EASTERLY: by Lot #16 and Lot #17, as shown on said plan, -/ ' 104.000 feet. Containing, 10,040 square feet, according to said plan. 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 Instrument No,; 1.U23. 3' For title see deed of Helen L. Marchant dated May 13, 1970 and recorded with Barnstable County Registry of Deeds in Book 1471, Page 874; deed of Edna M. Fisher, Trustee, dated May 13, 1970, _ recorded with Barnstable Count Registry 'y g rF o: Deeds, Book 1471, Page 877;�and d deed of LanZa Corporation dated March 17, 1971, E ecuted as a sealed' said Deeds, Book 1505, Page 068: this ten. �y O Ja q 19 72 q - r COMMONWEALTH 07 M,-'-'"ACHUSETTS_ " ee 0: RPi :5 tlbte o^ Rn - . o P.a11017 —�/ � �, �Pruete Aforesaid of damomeem of Barnstable as June 10, 19 72 _ TVAO Pe"omllr m—red the&bore named -James E. Kellett, Michael A. Coatrino � and Anthony H. Micelotti, Trustees as Aforesaid and w6ow lwiged the foregoing i Ammew to be their free ad and r Angelo . .Roberti �r� My-emnInbsion eohes J 15 -i 72 'A v 7 „�N JUL 131972 _ t - LOT 26 TITLE HISTORY r:Lno, and Anthony X - ames Eeliettf ha Os. p. written Trustees of C Y Realty Associates, under wish Barnstable li e,ott� Zz_,ClazP_tI" 70, recorded Lon of Trust dated May 13, 19 county Registry of Deeds in Book 147 , Page 851, as amended by inbtrumen- -5 1970 recorded in Barnstable County daie�' May 1 --ford VAR, i Page 8 a Book 1.483, 56, of 23 Wes' Street M CRegi-stry of Deeds, County, Worcester pi6 for the fuil consider-a:ion 0! $6,250 00 ic,1#906 Jr. Franklin, Massachusettsi gran:to Olinto k. Oolaoei 2 Washington Street, able (jjyaAr,-.'LSDOr-' Baxns-,able Coumty Barns- bed as follows: nde� amc descr" 1',&Gsachusetts, oou, Farce_ of -,and Stuated on -.he easterly side :)f a ID 3 U Zn C Roai� 3: n s t ab 1 E (-Hyann:spo:t) Barnstable Coun 26 on a plan entitled oz-nz s-own a- -io _--sach-,is etts znc� v 4_Sion'on Ala"- of L=d" Da�:'nstable, ay" scale k "SU'Od. _,ob___ Iic,­One, Surveyor Enginee- 11--50f. 14 w7anUaxY ' I Mass. 'For C.R.K. I.Ssocia.es" said iL $-Zeet, 'VI,e S-W a e 'an Boo:.o" 250, coun.y Regjstry of Deeds, K nBar .able and described-aE shown OL SP-i- Lot -`2E *De-.nZ bounded sai DIan as follows: N 2,OR.THER!'Y su'urbush Lane, as shown 0 n salc Pi 80-06r, feet; A a radius of 2;3.00'0 Zfe e as shown 312 ZRLY a c ury e nav r.0 said" ;Dian, a distance of 39.270 _feez; ':elbourne Road, as shown on said plan, 77-621 < lee-.; plan, IG0.000 fee-.; jTHEMY by 7.0-. 25, as shLowL� on said Tr z < Plan, 102.000 feet. by Lot 6 as shown on sale A S T ZR�' j it Containing, 126 sq-uaze feet, accord-inE to S&:� Dian II t - are --ereb, conveyed subject to Protective Covenants I a-e d i un 10 9 7 e c r d e 6 w i tb 'n as set - ' I. BarnbtaGlEyCOLn._ .ry of Deeds as ins-ruzeL- o.1612 title s e E d e e of Helen Ma Chant dated r1a. 970 and recor ?or Ged Wi­ Bar sta— CO L County Reg`str-, of Dee s B:)O'-'- 14711 , -- S%; deed 0- Z�.La :. :,.Shez, :,zustee, dated '970, w—'- -c eeds, Book 14,71, rnsta­e Cou:,t" Re,gistry of D arch `7, 10- - �'-f i 877, deed of Lanza Iozporat-*on dated IN recorde"� with Barnstable coiant.Y�Registry of Deeds, Book 1505, 'age 056. 19 72 10 t'-- day 0,, i Execuwd as r.seaiet6 ias7rumea;thiL oresa:.r,- cc)111�1Y.0"I 717 Z: S CC �:�S e e .......... t Barnstable June 10, 19 72 Ke-le", Michael A. CostrinO &bo,,e nanwa Jame E; E. Then personally appeared the and Anthony TI. Ylicelott."L, Trustees as aforesaid 1:W i and acknowledged the fo�ngwztr—nt to b- their f--act and dee�.. ............ Iwo"UK NOWV PV&W 7 j Robe. My commission expiresJuly 15, 1972. k JUI 1972 P I h 14, _k . B=7.853 FACE 08S. y t 14OR.TGAGB yj OLINTO A. COLACE, being the same person described as "Olinto A. Colace, Jr." in deed hereinafter referred to, of 52 King ' :^ + Street, Franklin, Norfolk County, Massachusetts (hereinafter F ° called the "Mortgagor"), for consideration paid, grants to LUIGI j ' ,,COLACE or ANTONIO C. COLACE, both of 2-Washington Street, Franklin, Norfolk County, Massachusetts (hereinafter called the e "Mortgagee"), with MORTGAGE COVENANTS, to secure the payment of Thirty-One Thousand Nine Hundred Sixty-Two and 80/100ths N _ ($31,962.80) Dollars, payable on demand, as provided in a � = Promissory Note dated January 10, 1992, the land situated in Y- Tl �> Barnstable (Hyannisport), Barnstable County, Massachusetts, 3�yY t -.-described. as follows: N sL•. A certain tract or parcel of land situated on the easterly side of Melbourne Road in Barnstable (Hyannisport), Barnstable County, Massachusetts and being shown as Lot #26 on a plan ' %entitled, "Subdivision Plan of Land, Barnstable; Mass. 'Straightway', Scale: 1" = 501, 14 January 1971, Rober` G. ....McGlone, Surveyor & Engineer, Main Street, West Barnstable, Mass. x I For C.K.M. Associates", said plan filed with Barnstable County Registry of Deeds, Plan Book 250, Page 143, said Lot #26 being bounded and described as shown on said plan, as follows: NORTHERLY: by Sugarbush Lane, as shown on said plan, 80.066 feet; ;_,_ : NORTHWESTERLY: by a curve having a radius of 25.000 feet, as shown on said plan, a distance of 39.270 feet; -WESTERLY: by Melbourne Road, as shown on said plan, 77.621 feet; .SOUTHERLY: by Lot #25, as shown on said plan, 100.000 feet; ` EASTERLY: by Lot #16, as shown on said plan, 102.000 feet. m` Containing 10,126 square feet, according to said plan. 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 Instrument No. 16123. I 1 n> - n K r � _ R.71 090 For title ® .a see deed- of James E. Kellett Michael A. ¢ and Anthony N Micellotti, Trustees of l K M Michael Costrino under a written-Declaration of Trust dated May Realty Associates, ,- with Barnstable- Count Registry, of Deeds in Book3' 1970' recorded Y g y , as amended. by-instrument. Hated May recorded Page nst County Registr Y 13, 1970, recorded in Barnstable Jr. (bean Yam Deeds, Bas Oli 83, Page 856, to Olinto A. (being-the same person as Olinto A. Colace described hereinjce, .�„ dated June 10,_ 1972, recorded with Barnstable County Registry of a. Deeds in Book 1687, Page 125, K3 + This mortgage—is upon the statutor of which the Mortgagee shall have the statutorlon, for any breach sale � Y Power of - . WITNESS my hand and seal this 21st day of Januar Y, 1992. ` 4. Olinto A. Colace �- u 1Ix I I COMMONWEALTH OF MASSACHUSETTS i NORFOLK i . , SS. January 21, 1992 ki . Then personally appeared the above-named Olinto A. acknowledged the foregoing instrument to be his free act and deed, Colace and before me d l Cataldo, No tar 1 Y Public #. MY c ission expires: 03/08/96 j,, , 4941X € F' t 2 _ RECURGEO JAN zs 92 11!�I I• 1�I is - j W q t, 2 p�-yy--- - S - = —0Z— 99q Lai, 1 R o<l l a FORECLOSURE DEED` 7 zereby � JA LUIGI COLACE and ANTONIA COLACE,holders of a mortgage from Olinto A. Colace to Luigi and Antonia Colace dated January 21, 1992, and recorded with the regoing Barnstable County Registry of Deeds in Book 7852,Page 89,by the power conferred by _ said mortgage and every other power, for Forty-Four Thousand Dollars ($44,000.00) f paid, grants to ANTONIA COLACE with a mailing address of: 2 Washington Street, Franklin, Norfolk County, Massachusetts,the premises conveyed by said mortgage. Executed as a sealed ins ent this ,day of T' , 1999. �L A` Luigi Colace = Antonia Colace . r. COMMONWEALTH OF MASSACHUSETTS { Norfolk, ss. �r�u ay 10 , 1999 _7 Then personally appeared tbe.above named_LUIGI COLACE and ANTONIA E _ COLACE and acknowledged the foregoing instrument to be their fre act and deed, - - 3 before me � ;- Nota lic: My Commission Expires: . :, PROPERTY ADDRESS: 148 Melbourne Rd J6 ,Y d� 124672 Barnstable Barnstable County Massachusetts � ' � �r- _� 'P s r DM A� s+ MORTGAGEE'S AFFIDAVIT We, Luigi Colace and Antonia Colace, ;Hake oath and say that the principal, U, interest and tax obligations under a mortgage from Olinto A. Colace to Antonia and Luigi � Colace dated January 21, 1992, and recorded with Barnstable County registry of deeds x�{ in Book '7853, Page 89 were not paid or tendered or performed when due or prior to the sa►e, and that we aused to be oublished on Decembei-4. 1998,D&c—ember'1?,?-998"an4, December 31, 1998 in the Barnstable :patriot,a;tewspaper published or its titleag purporting to be published in P.vannis, ?Massachusetts and having a circulation therein;a -- }. notice, a true copy of which is attached'nereto as Exhibit A. We also corriDlied�Nith Chapter 244, Section i4-of Massachusetts venerai �akvs; 4� as amended, by causing =o be mailed the required notices by ceriiited mail, return receip s ' � :equested. h Pursuant to said notice at the time and niace ;herein appointed, we sold .he .mortgaged .remises at public auction by I aul Costello, .a-duly icensed auctioneer with MR -- = - e �. ; oilars � :30t?:JO;; et�g heour�iousanaoello 2eatt� Co Tic. iar`rory highest '' 6, bi ade therefor at said auction. ✓B' ,741 _ ' - " .4 .tIM A Luigi Colace Antonia Colace .- .- Y MFn U1 Z. a . a % � rU s PG 177 1 7 1 1 1 . %il_ - COMMONWEALTH.OF MASSACHUSETTS 'f �R, F0°Y ro 1999 Norfolk,ss. Then personally appeared the above named LUIGI COLACE and ANTONIA nd Luigi COLACE, and acknowledged the foregoing to be their free act and deed before me j�e Deeds to the - $ Notary Public; fe; TivS�y )8 and - My Commission Expires: pe-/ 1,1 i„ page t24655 !rein, a :. Laws, � '.-- '_' '. .� � t receipt r with x= ie highest —2— LOT 16 TITLE HISTORY { Zp .~t.d 1 46, James S. Kellett, i•iichael.A. Costrino, and Anthony N. 16 Micelotti, Trustees of C. K. M. Realty Associates, under a written Declaritisn of Trust dated Hay 13, 1970, and recorded with Barn— stable County Registry of Deeds in Book 1471, Page 651, as amended ti y by instrument dated Nay 13. 1970, recorded in Barnstable County $' Registry of Deeds, Book 1483, Page 856, of 23 West Street, Milford worwster Cosner.Jtusachnselh. A101f9mmm t,for consideration paid,`rant to Leon J. Jed ice of/Varrowe Lane, South Yarmouth, Barnstable County, Massachusetts, A with edit" Ihrlandin Barnstable (Hyannis), Barnstable County, Massachusetts, `< '} bounded and described as follows: Northerlyt by land of C. K. M. Realty Associates, as shown on j plan, 89.001 feet; Northeacterlyt by a curvelhaving a radius of 25.000 feet, as shown - ' on plan, a distance of 30.217 feet= i''noterlyt by ;straightway, as shown on said plan 66.350 feed .a 3outherlyi by Lot 17, Re shown on said plan, 100.000 feet; aT Westerlyi by land of C. K. M. Realty Associates, Ra shown on ?;t.3 said plan, 119.098 feet.. Containing 10,187 feet, more or leas, according to said plan. The above promises. are shown as LOT 16 on plan of land entitled <` "Plan of Land Barnstable, Naas. Owner: C.K.M. Realty Associates" e dated Auguat 3, 1970, and recorded with Barnstable County'Registry 3 4 k: of Deeds in Plin Book 240, Page 15. k Cv For title see deed of Helen L. i•iarchant dated May 13, 1970, and h i recorded with Barnstable County Registry of Deeds in Book 1471, Page 874; deed of sdna N. Fisher, Trustee, dated May 13, 1970, recorded with Barnstable County Registry of Deeds,,Book 1471, Page 8771 and deed of Lanza Corporation dated March 17, 1971, recorded with Barnstable County Registry of Deeds, Book 1505, Page 058. _y 4 )4 Consideration for this conveyance is =5,000.00 COMMONW OF A�A�SSS CHUSETTS i :. t: °° DICE "XICISE 1 M - F dy f Il eanar PH+"our bards and iWs this JJT day of i'iay 19 71 i ` ass s. eZIB�L, rUbTee `e i c iae A t no, � s ee y+w Anthony► N. Micelotti, Trustee } ` 1 gig ate 0"mo o d>1MUNAW b y : j Barnstable ... May io 71 Then perwnaily appeared the above nursed James E. Kellett, Michael A. Costrino, and Anthony N. Micelotti, Trustees as aforesaid, and acknowledged the&njcdna inabmnent to he the it' ree set and deed, j . 'M' Angelo J. 'Robert! xar.ryftue I. eoa1513 wii9l � JUN 9•UIt "qIM" ^' ?fit is 1972i vi e 220E 7 ooKi586 P�cE 274 �� i I, LEON J. JODICE, r � t of 6 Narrows Lane, Yarmouth (South), Barnstable County,Massachusetts, �. being unmarried,for the full eonsideration'of $26,900.00 paid • U r - °g i.t grant to CHRISTOPHER A. TADDEO and JANET E. TADDEO, husband and wife, as ° , ;: 11. Tenants by the Entirety, both of 47 Centerville Avenue, a% efx Barnstable (West Hyannisport), Barnstable County, Massachusetts, ;• with gaittlaim rsarnants the land in Barnstable (Hyannis), Barnstable County, Massa- , fi chusette, together with any buildings thereon, bounded and described as follo at -¢ 51 itt N(RTHERLY and , r' NORTHEASTERLY by a Way, an arc distance of eighteen and 991/1000 # (18.991) feet, a straight line measuring seventy and ; ...fa 010/1000 (70.010) feet, andanother arc distance of. -i thirty and 217/1000 (30.217) feet, respectively; , z t EASTERLY by Straightway (public), sixty-six and 350/1000 (66.350) feet; SOUTHERLY by Lot 17, one hundred and 000/1000 (100.000) feet; and :r 'a 1 WESTERLY by C.K.M. Realty Associates, one hundred nineteen and 098/1000 .(119.098) feet. tr ; Containing 10,187 square feet, more or less, and being LOT 16 as shown on • rii a plan of land entitled: "Plan of Land, Barnstable, Mass. Scale 111 = 501, t i" April 12, 1971, Robert G. McGlone, Surveyor and Engineer, Main Street, W. #, �:! $ Barnstable, Mass.", which said plan is duly recorded in the Barnstable County a Registry of Deeds in Plan Book 245, Page 153. Subject to and together with the benefit of all rights, rights of way, v I ';� easements, reservations and restrictions of record, if any, insofar as the t 0 r Ii' �,j ti some are in force and applicable. ' � z Vp j= I V Being the same premises conveyed to me by deed of James E. Kellett, y i et ali, Trustees of C.K.H. Realty Associates, dated May 8, 1971 and being duly recorded in the Barnstable County Registry of Deeds in Book 1513, Page +61 1191. See also confirmatory deed from C.K.M. Realty Associates to be duly Tft recorded herewith in the said Registry of Deeds. + , s COMMONWEALTH OF MASSACHUSETTS "• i ��Y I o P.611037 _ +� 1 ._ — - �na i�7" •,� Ill .. .. ` _ � i w t aX� I Executed as a sealed instrument this �02i1, day 19 72 f Leon •, e p Oil � h alit(10mmuttmraltli Of M-assrbmrtts 1 R I Barnstable as. /%2� 19 72 �` 1 Then personally appeared the above named Leon J. Jodiee s L }, t ! .Fi and acknowledged the foregoing instrument to he his Y e act and deed. „y T tut v Baton me, t. ? .{� I, ; oWMALU F.HOME MR mry public . * �+ , � My commission expirq .i 1 My commission expir4tlay 22,1975 19 } I READ JAN 121M &RECORDED i �# x i 7 y Ole , 6 �'c RD ( VIr CHRISTOPRER A. TADDE' AND JANET E. TADDEO OF Hyannis, , l Massachusetts a (� FOR CONSIDERATION Or aIGiTY NINE THOUSAND ($89,000.00) DOLLARS I s } GRANT TO BRUCE G. BALDWIN AND DORA M. BALDWIN, Husband and Wife as i. Tenants by the Entirety of 65 Straightway, Hyannis, MA 02601 i � Y WITH QUITCLAIM COVENANTS _. t ° The land in Barnstable th nnis), Barnstable County, Massachusetts, together the buildings thereon, described as follows: Being LOT 16 as shown onin plan of land entitled: *Plan of Land, Barnstable, Mass. Scale 1�� - 501 April 12, 1971, Robert G. McGlone, Surveyor and Engineer, Rain Street W. Barnstable, Mass.", which said plan 'is duly recorded in the Barnstable County Registry of Deeds in Plan Book 245, ' page 153. ) , For title see deed recorded in Barnstable County Registry v, of Deeds in Book 1586 Page 214. i WITNESS our hand and seal this 27th day of February, 1997. �.. :4s I , net S. Taaaeo atop er A. Taddeo Pq s W w �LL x a1fA A A q Q w Tt .. . rn o ; iSC F` S V i 2 x BK11836 P0216 BB*� 11-13-19J6 L 09a19 , s fi' QUITCLAZN DZZD s .; BRUCE G. BALDWIN and DONNA M. BALDWIN, of 65 Straightway, . Hyannis, MA 02601 €rA WHEN RE NORTH t P.O. B[ in consideration of ONE HUNDRED SIX THOUSAND AND 00/100 pETA�IR ($106,000.00) DOLLARS PAID DOC MAI grant to ANTHONY C. COLLUCCIp Individually 3022 of 65 Straightway, Byannis, MA 02601 005 with QUITCLAIM COVENANTS the land together with the buildings thereon situated in Barnstable (Hyannis) , Barnstable County, Massachusetts, , described as follows: 1 THI Being LOT 16 as shown on a plan of land entitled: "Plan of ANTHON• Land, Barnstable, Mass. Scale 1" - 50' April 12, 1971, ;. Robert G. McGlone, Surveyor and Engineer, Main Street, W. Barnstable, Mass.", which said plan is duly recorded in ("Bogor the Barnstable County Registry of Deeds in Plan Book 245, Page 153. o For title see deed recorded with Barnstable County . g Registry of Deeds in Book 10628, Page 292. ' t , which is address i° Executed as a sealed instrument this 13th day of November, V `' 1998. NINETY f� Dollars 4�ff'ruce G. Balcrwln ' Instrume y 4 DECEMBI .c evidence, Donna M. Baldw n other sus the perfc COMMONWEALTH OF .MASSACHUSETTS Purpose, o Barnstable, as: November 13, 1998 properly TF Then personally appeared the abov - arced Bruce G. Baldwin E) and Donna M. Baldwin and ac ow edge th foregoing instrument to be their free act nd ad 4 n a Not Pub .QWMy C ssion xpirest t ` �. a mo ww (� � .ti SEE Ri xw �� Which ha j N !f! N ~ 15( Massachu V%L Palo I OF e BARNSTABLE REGISTRY OF DEEDS y LOT 17 TITLE HISTORY eoox1933 rncE 082 „62 L80N J. JODICE, . of 6 Narrows Lane, Yarmouth (south),, Barnstable Coma,Mnamhusetta, i 3000000M for the full consideration of Thirty-five thouAand nine hundred 1 ($35,900.00) Dollars paid { Brant to JAMES E. WHITE and CAROL J. WHITE, huehand. and wife, as tenants by the entirety, both of 114 Walnut Street, Barnstable (Hyannis), Barnstable County, Massachusetts with gtritrlabu fatuattta the landXwith buildings thereon situate in Barnstable (Hyannis) , Barnstable County, Massachusetts, pounded and described as follows; EASTERLY. by Straightway Road, 100:00 faatf SOUTHERLY by Lot 18, as shown on the hetwinaftes mentioned plan, 100.00 feet; �+ WESTERLY by land now or formerly of C.K.M. Realty Associates, 100.00 feet; and +% NORTHERLY by Lot 16, as shown on said plan, 100.00 feet. I �I Containing 10,000 square feet, more or leas- r 5` Being LOT 17 as shown on plan of land entitled "Plan.of Land, 1 Barnstable, Mass., Scale 1" a 50', April 12, 1071, Robert G. McGlone, Surveyor & Engineer, Main Street, W.BarnstablA, Mass.", which plan is duly filed at the Barnstable County Registry of Deeds in Plan Book 245 Page 153. The above described lot at to reservations and o is. conveyed subje restrictions of record, if any there be, insofar as the same are now 1 w in force and applicable. r For grantor's title, see deed from The Magus Corp. dated August 4 1972 and recorded at said Registry of Deeds in Book 1699, Page 262. ) COMMONWEALTH OF MASSACHUSETTS Vr a -il su E 11.73 e Y.2.11037• `= Executed as a sealed instrument this /�/` day of a r. , 19 73. . a i SIR 12ammaametdo of Aaaeat wdw � Barnstable ,s 8eQtember 1973 Then penondly appeared the above named Leon J. Jodioe j and acknowledged the foregoing Instrument to be hisee I B Bo B tact deed F jWM WK Notery PaWk 14 My commission expires /�`7 19 75mum a j i SEP 141m k BoM287pacE 310 , QUITCLAIM DEED *, JAMES E. WHITE and CAROL J. WHITE, husband and wife as o1 tenants by the entirety, both of .55 Straightway, Bar.nstable� �. 1 (Hyann13port), Barnstable County, Massaohuaetts, in , consideration of $135,000.00, grant to P-DELTA, INC., a : z ' Massachusetts corporation with a usual place of business at ±: 148 Holly Tree Road, Stoughton, Massachusetts, i with QUITCLAIM COVENANTS, the land with buildings thereon situated in Barnstable . (Hyannis), Barnstable County, Massachusetts, bounded and. '`. V►� described as follows: ' EASTERLY by Straightway Road, one hundred and no/100 (100.00) feet; f SOUTHERLY by Lot 18, as shown on the hereinafter ; i mentioned plan, one hundred and no/100 (100.00) feet; x' WESTERLY by land now or formerly of C.K.M. Realty Association, one hundred and no/100 ham, x � . (100.00) feet; and 4 NORTHERLY by Lot 16, as shown on said plan, one hundred ; and no/100 (100.00) feet. f;' ' t Being LOT as shown on plan of land entitled "Plan of Land, Barnstable, Mass., Scale 1" 0 501, April 12, 19T1, ' Robert G.- McGlone, Surveyor & Engineer, Main Street, W.. . tF ; Barnstable, Mass.", which plan is duly filed at the Barnstable . z County Registry of Deeds in Plan Book 245, Page 153• ' i AL![RT J.SCHULZ z1 AL[[IIT J.[CN ATTOICK[T AT LAW ATTONK[T AT L 7 PARKER KOAO 7►ANK[N NO. O/TIRMLLIL IIA.OAAKI } o '08TINVIUAL MA.C 16171426-00110 1 1 - I{ :.a 1 11. y � I 4 1 i DOOKS287psE The above described lot is conveyed subject to � # reservations and restrictions of record, if any there be, j i IE ! insofar as the same are now in force and applicable. ! j. Being the same premises conveyed by deed of Leon J. Jodioe to us dated September 14, 1973 and reoorded in Book 1933, Page 082. WITNESS my hand' and ' seal this S f day of 1986. rr�� '.(t T11 r- MV/ A'_OrF7Tt J j; kite ' arc z a COMMONWEALTH OF MASSACHUSETTS Barnstable, ss 1986 Then personally appeared the above.named JAMES E. WHITE and CAROL J. WHITE, and acknowledged the foregoing instrument to be their free act and deed, before me - �s Nota - h y Public •,�,. l My commission expires /9� , 4 !! MR?J.SeNuLl : AffORNn AT LAW 1 PAI14611 NOAD NM1LLIL MA.calls MtT At�pW == RCCORGED SEP 886 VIV .T BOOM82nGE iJ 11533 QUITCLAIM DEED o P-DELTA, INC., a Massachusetts corporation with a usual r � place of business at 148 Holly Tree Road, Stoughton, t Massachusetts for consideration of $1.00 dollar grant to SOM P. VIRK with QUITCLAIM COVENANTS, I r the land with buildings thereon situated in Barnstable (Hyannis), Barnstable County, Massachusetts, bounded and described as follows: xf i (-5 EASTERLY by Staightway Road, one hundred and no/100 (100.00) feet; ' SOUTHERLY by Lot 18, as shown on the hereinafter mentioned plan, one hundred and no/100 � S � 00 0 (100.00) feet; t k �J- WESTERLY - by land now or formerly of C.K.M. Realty " :cz ; Association, one hundred and no/100 3 (100.00) feet; and a NORTHERLY by Lot 16, as shown on said plan, one T hundred and no/100 (100.00) feet. a . Being LOT 17 as shown- on plan of land entitled "Plan of qy Land, Barnstable, Mass., Scale 1" a 50', April 12, 1971, Robert G. McGlone, Surveyor and Engineer, Main Street, W. Barnstable, a � Mass.", which plan is duly filed at the Barnstable County Registry of Deeds in Plan Book 245, Page 153. t r?r {y A � C r� j i YF YFt e ' p' ;- B00K7C82nsE Ji5 r The above described Lot is conveyed subject to reservations a` of record, if any there be, insofar as the same are in force and applicable. ; - Being the same premises conveyed by deed of James E. White r and Carol J. White to P-Delta, Inc. dated September 5, 1986 and recorded in Book 5287, Page 310. WITNESS my hand and seal this a� day of January, 1990 P-DELTA, INC. 4 t Y , It's ' COMMONWEALTH OF MASSACHUSETTS rx. Barnstable, ss. January 27- 1990 I ! r. I' { Then personally appeared the above-named as president of the above-named corporation and acknowledged I the z . foregoing instrument to be the free act and deed of the ° M corporation, before me I.. N tart' Public �. '4 My commission expires : 3697R b r �FxVfbihlarch21t995":�� s fa' 11 MAP r � ',.a•'�.:�' _ K ssSFie. a * � r ,t ^ xx � x LOT 24 TITLE HISORY �!we, Mamea E. Kellett, Michael A. Costrino, and Anthony:N. Micelotti Trudiees of C.K.M. •Rea.lty Associates, under a written Declaration of ; ?:... Trust dated May 13,. 1970, and recorded with Barnstable County Registry of Deeds in Book 1471, Page. 851, as amended by sinstrument dated May 13, 1970, recorded in Barnstable County Registry of Deeds, Book 1483, Pa§e235West Street, Milford B.=1751 PAGE 004 3� for the full consideration of Worcester County,Maumhuatte, paid vantto Leon J. Jodice , Narrows Lane, �1 �J+p��,�� �ot'e 12 of South Yarmouth, Massachusetts `dth 1atthelandin Barnstable (Hyannisport), Barnstable Massachusetts be b I i le n L Cou nty, unt g Lots #5 3 , y a.plan of land entitled "Subdivision#55, #56, and, #23, and #24, on "Straightway" Scale 1"= r n Plan of Land, Barnstable, Mass. I 50 , 14 January 19719 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, Plan 143. Said premises are hereby conveyed subject to Protective r Covenants as set for in instrument dated June 10 1972, recorded with Barnstable County Registry of ,Deeds, Book .146, Page 172. For title see deed of Helen L. Merchant dated tie 1 and recorded with Barnstable County Registryy 3, 1970,r ' Page 874; deed of Edna M. Fisher, Trustee, atedDMay 13,Book 1, .recorded with Barnstable County Registry of Deeds, Boo1471�' - Page 877, and deed of Lanza Corporation dated March 17,, 19?1, recorded with Barnstable County Registry of Deeds, Book 1505, Page _ v 058. a The Grantors herewith acknowledge compliance with restriction#10 as Pertains to the aforementioned lots, referencing Covenants recorded Barnstable County Registry of Deeds,'Book 1665, Page 172. COMMOtdY✓EALTH �F MASSACHUSETTS • r .. E:eottted as a eebled instrument this 19th day of September. 19 72 } Tr ee e uat ore a _ Justee Af esai ' Barnstable r, September 19, 19 72 s lbeo pe,sonfiny vp—ed the dw-named James E. -and Anthony N. Micelotti, Trustees aslaforeeaidhael A. Costrino and acknowledged dw fo-ping Wgunwat to bs their hee act ad deed, :n ` B#bry A ngelo J. Roberti NrtrbLe1 r_1r kL r _ RECORDED Nov 7 1972 y commfulon e�tm, July 12, 19 79 �F.ar r hff . B997 . 11-13-73 a� =, I, LEON J. JODICE, being married to Rose Jodice, of 6 Narrows Lane, Yarmouth (South) , Barnstable County, Massachusetts, for consideration paid of Thirty-three thousand three hundred and 00/100 ($33,300.00) Dollars, grant to ra+4 ARTHUR K. ROHLOFF, JR. , and SHARRON A. ROHLOFF, husband and wife as tenants by the entirety, both of 300A Sea Street, Barnstable :NC. (Hyannis) , Barnstable County, Massachusetts, ! r=. with QUITCLAIM COVENANTS, the land together with any buildings thereon situated in Barns- .:; I table (Hyannisport) , Barnstable County, Massachusetts, bounded and described as follows: The premises shown as LOT NO. 24 on a plan of land entitled, 1, "Subdivision Plan of Land, Barnstable, Mass., "Straightway" Scale 1" = 50' , 14 January 1971, Robert G. McGlone, Surveyor ' g�{ and Engineer,�.. eer, Main Street, West Barnstable Mass. , For C.K.M. Associates", which said plan is duly filed with the Barnstable 73. _. County Registry of Deeds in Plan Book 250 Page 143. The above described premises are conveyed subject to and with thebenefit of all rights, rights of way, easements, appurtenances, .d reservations and restrictions of record and especially as set . g:Cant forth in a deed from James E. Kellett, et al, Trustees of C.K.M. a '.'�= • Realty Associates, to me, dated September 19, 1972 and recorded with the Barnstable County Registry of Deeds in Book 1751 Page 004, to which reference may be had for title, insofar as now in force s` { and applicable. WITNESS my hand and seal this o7c��7 day of /U�- , 1973. LE019/ JODICE lop 4 U ' THE COMMONWEALTH OF MASSACH SETTS � �� .'•�' +fig " ` � 6 � i Jc� { Barnstable,ss. ��''✓ o- , 1973Then 41 r, ` 'a°, acknowledged personally appeared the above named Leon J. Jodice and �.. ged the foregoing instrument to be his free act and deed, before me ' Edward W. Farrell - Notary Public My Commission Expires: l- "' COMMONWEALTH Of tAASSACIiUSZTTS AADITO&FITCH W `"• i��iJ" �� "��L .-k.3a� Attom*ye At Lew weft Yetmouth,Mau775-3433 ••' y� n �� o s0.ttos� '� f r ' f; buu 9.3766 rA6E 157 2A 119 I r 8 !I We, ARTHUR K. ROHTAFF, Jr., 'and SHARRON A. ROHLOFF, husband 11 and wife as tenants by the entirety, both of 35 Armory Street Keene, New Hampshire 03431 for consideration paid of Forty— , i two Thousand Five Hundred and 00/100($42,500.00) Dollars, grant to rx i ALFRED A. BLEAU, individually, of 10 Pine Grove #3,j Hyannis,Barnstable County, Massachusetts, ; and I with QUITCLAIM COVL"NANTS, .. ,l of ; I� the land together with any buildings thereon situated in ! Barnstable(Hyannisport), Barnstable County, Massachusetts and bounded and described as follows: ' f i The premises shown as LOT NO. 24 on a plan of land entitled, "Subdivision Plan of Land, Barnstable, Mass., "Straightway" 1i Scale 1".. 50', 14 January 1971, Robert G. McGlone, Surveyor ' !r K and Enginner, Main Street, West Barnstable, Mass., For C.K.M. i Associates", which said plan is duly filed with the Barnstable try, !I County Registry of Deeds in Plan Book 250 page 143. ' The above described premises are conveyed subject to and with the •• ` benefit of all rights, rights of w pp. � K , g ay, easements appurtenances, reservations and restrictions of record and especially as set ,SS, forth in a deed from James E. Kellett, et al, Trustees of C.K.M. Realty Associates, to Leon J. Jodice, dated September 19, 1972 { ;! and recorded with the Barnstable Count Registry ! Book 1751 Page 004. y of Deeds in � 2 , 7 For our title see deed dated November 26, 1973 from Leon J. •.. Jodice to us recorded at the Barnstable County Registry of I > Deeds, Book 1970, Page 201. j , . Witness our hands and seals this - , i ! ...... day of June, 1983 ...... a . t I 4 � � •' ' + ca COMMONWEALTH "............. THE NWEALTH OF MASSACH SETTS J j l J' t I Barnstable, as. June 91 , 1963• { 1 VI�il L'•N Then personally appeared the above named ARTHUR K. j lYRE[T• t ''. ''. ROHLOFF, JR. and SHAR+RON A. ROHLOFF and acknowledged. the � } � �i'..,ale ..•.1: � i foregoing instrument to be their free act and deed, before me ! €,4 ... •,.......... • j it •( of >> + p.� My Commission Expires3 STABLE ,F REVENUE �:�' - ;I '�•,,��••[ tr ♦�♦ - � f JuNi a 0 3 tto .._.__-.- ---..... _ Ilt�l;�i� � t, c f BPa10089-OOSI 96-03-06 10:03 #012489 •a s. QUITCLAIM DEED r� I, Alfred A. Bleu f/k/a Alfred A. Bleau, Trustee of the Bayview Realty Trust under tdeclartion of trust dated September 21, 1982,recorded in Book 3564,Page 305 of 28 Peachtree Road, Marstons Mills, Barnstable County, Massachusetts for consideration of NINETY FIVE THOUSAND AND 001100 ($95,000.00) Dollars hereby grant to HOWARD ANTHONY �.s r ~,wry ROBERTS, Individually, of 68 Melbourne Road, Hyannis, MA 02601 :ds -WITH QUITCLAIM COVENANTS + The land with the buildings thereon described as follows: The premises shown as Lot No. 24 on a plan of land entitled, "Subdivision Plan of i +. Land, Barnstable, Mass, "Straightway" Scale 1"= 50', 14 January 1971, Robert G. McGlone, surveyor and engineer,Main Street,West Barnstable, Mass. for C.K.M.Associates", which said name _ +.., plan is duly filed with the Barnstable County Registry of Deeds in Plan Book 250, Page 143. Bank, yp `cam Subject to and together with all restrictions, rights, reservations, easements and x encumbrances of record. For my title see deed recorded in Book 3766, Page 157. OC 4th March, 1996. WITNESS my hand and seal this xO day of"z=nobxxxf9". r; v AlfrejVrA. Bleu f/k/a Alfred Bkau X Trofce of Bayview Realty rust ++ t, lent �+ cc s COMMONWEALTH OF MASSACHUSETTS +; .g Barnstable, ss Derpdt imic k KkM March 4, 96 Then personally appeared Alfred A. Bleu f/k/a Alfred A. Bleau as Trustee as aforesaid and acknowledged the foregoing to be his free act and deed before me, ping Vice -'r' Notary Public Ul -• .n rn ",`• ww C'' `is ComEx r; p . � ,y 1s F• 1•.S• f— . �yi X (•.^r c'. Y '.mil ^� + C. cJi<v t RICHARD 0.xlop$E J. r_J, n o Mr C--Adm,E*mg DarabK 14,IM eV! ui P., r t 4 ' ��r °FINE rq� Town of Barnstable Regulatory Services t BAMSTABM ' Thomas F.Geiler,Director 16 A`0� g Buildin Division Ralph Crossen,Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 SHED REGISTRATION AP Location of shed(address) Villag I�C�-fir �aM e-S ''1c)0 -1 ' Property owner's name Telephone number Size of Shed Map/Parcel# Signature Date Hyannis Main Street Waterfront Historic District? Old King's Highway Historic District Commission jurisdiction? v Conservation Commission(signature required) ©CJ PLEASE NOTE: IF YOU ARE WITWN THE JURISDICTION OF ANY OF THE ABOVE COMMISSIONS,THERE MAY BE A REVIEW PROCESS AND APPLICATION FEE. PLEASE SEE THE APPROPRIATE COMMISSION FOR DETAILS. THIS FORM MUST BE ACCOMPANIED BY A PLOT PLAN Q-forms-shedreg LOT 26 LOT 25 10,040 sq.ft. cp 0.23 ac. q.3.5' 1 fp 0 C+ sp CONCRETE I FOUNDATION ,�+ C '�► TF = 45.5' 2rD' b 0 oLA 171 / S 2� -77.25 . _7 LOT 24 JOB # 99-305 CER TIFIED PL 0 T PLAN LOCATION : .158 MELBOURNE ROAD W. HYANNISPORT, MA SCALE : 1" = 20' DATE : APRIL 29, -2000 PREPARED FOR: REFERENCE LOT 26 .PB 250 PG 143 ASSESSORS MAP 267 PARCEL 158 MAR OOD CORP. I HEREBY CERTIFY THAT THE. STRUCTURE Of MqJ' SHOWN ON THIS PLAN IS LOCATED ON THE o ARNE sy�yG. GROUND AS SHOWN HEREON. H. off 50e-ae2-4541 OJALA fax 50e =-seen 9 No.26348 � down cape engineering, iac. o'F fCIST CIVIL. ENGINEERS LAND SURVEYORS t39 main st yam*utk ma 02675 DATE REG. LAND SURV OR �CLbOoOji I -2a9e 6104 l� JEFFERY JOHNSON CENTER PLACE 1550 FALMOUTH ROAD CENTERVILLE,MASSACHUSETTS 02632 Jeffery Johnson Telephone (508) 790-5776 George W. Miller Facsimile (508) 775-1945 December 22, 1999 Ralph M. Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Request for Determination of Buildability of Undersized Lot Locus: Lot 25, Plan Book 250, Page 143; 158 Melbourne Road, West Hyannisport, MA Parcel ID#: Map 267, Parcel 158 Land Area: 10,040 Square feet or .21 acres Zoning District: RB Present Owner: Edmond Arcaro and Alba Arcaro Dear Mr. Crossen: I am writing to request a determination from you that for zoning purposes, the above referenced locus is a "non-conforming lot" exempted from the current minimum Lot size provisions of the Barnstable Zoning Ordinance. The facts regarding the Lot are as follows: 1. The Lot was established on a Plan of Land dated January 14, 1971, the plan is recorded at Barnstable County Registry of Deeds in Plan Book 250, Page 143, locus is shown thereon as Lot 25. The subject locus has 10,040 square feet of land (.21 acres) and fronts on Melbourne Road, an approved way, 66.61 feet. 2. The history of Lot 25 is as follows: 1 James E. Kellett, Michael A. Costrino and Anthony N. Micelotti, Trustees of the C.K.M. Realty Associates deeded Lot 25 to Edmond R. Arcaro and Alba Arcaro by deed dated June 10, 1972 and recorded in Barnstable County Registry of Deeds at Book 1687, Page 124. The Arcaros continue to own the property to this day. Copies of these documents are attached for your reference. 3. The western abutter of the property is Melbourne Road, an approved way. 4. On the north, the locus is bounded by Lot 26. The title history of Lot 26 is as follows: James E. Kellett, Michael A. Costrino and Anthony N. Micelotti Trustees of the C.K.M. Realty Associates deeded Lot 26 to Olinto A. Colace, Jr., June 10, 1972 and recorded at Barnstable County Registry of Deeds at Book 1687, Page 125. Olinto A. Colace placed a mortgage on the property, by instrument dated January 21, 1992, which is recorded at Book 7853, Page 89. This mortgage was eventually foreclosed and a foreclosure deed was issued from Luigi Colace and Antonia Colace, (the holders of the mortgage) to Antonia Colace, said deed was dated February 10, 1999, and recorded among the records of Barnstable County Registry of Deeds on March 2, 1999, Book 12097, Page 175. Antonia Colace continues to own this property to this day. Copies of these documents are attached for your reference. 5. The north easterly abutter of the locus is Lot 16. The history of Lot 16 is as follows: James E. Kellett, Michael A. Costrino and Anthony N. Micelotti Trustees of the C.K.M. Realty Associates conveyed Lot 16 to Leon J. Jodice by deed dated May 8, 1971 and recorded in Barnstable County Registry of Deeds in Book 1513, Page 1191. Leon J. Jodice in turn conveyed Lot 16 to Christopher A. Taddeo and Janet E. Taddeo by deed dated January 12, 1972 and recorded at Book 1586, Page 274. Christopher A. Taddeo and Janet E. Taddeo conveyed Lot 16 to Bruce G. Baldwin and Donna M. Baldwin by deed dated February 27, 1997 and recorded in the Barnstable County Registry of Deeds at Book 10628, Page 292. Bruce G. Baldwin and Donna M. Baldwin in turn conveyed Lot 16 to Anthony C. Collucci by deed dated November 13, 1998 and recorded at Book 11838, Page 216. Copies of these documents are attached for your reference. Since May 8, 1971, Lot 16 has remained in ownership separate from the subject Lot 25. 6. The subject Lot 25 is bounded on the east by Lot 17. The title history of Lot 17 is as follows: Leon J. Jodice conveyed Lot 17 to James E. White and Carol J. White by deed dated September 14, 1973 and recorded in the Barnstable County Registry of Deeds at Book 1933, Page 82. James E. White and Carol J. White conveyed Lot 17 to P- DELTA, Inc. by deed dated September 5, 1986 and recorded at Book 5287, Page 310. P- DELTA in turn conveyed Lot 17 to Som P. Virk by deed dated January 27, 1990 and recorded at Book 7082, Page 114. Copies of these documents are attached for your reference. 2 Therefore Lot 25 has been held in ownership separate from the adjoining Lot 17 since at least September 14, 1973. 7. Lot 25 is bounded on the south by Lot 24. The title history of Lot 24 is as follows: James E. Kellett, Michael A. Costrino and Anthony N. Micelotti Trustees of the C.K.M. Realty Associates conveyed Lot 16 to Leon J. Jodice by deed dated September 19, 1972 and recorded in Barnstable County Registry of Deeds in Book 1751, Page 4. Leon J. Jodice in turn conveyed Lot 24 to Arthur K. Rohloffe and Sharon A. Rohloffe by deed dated November 25, 1973, and recorded at Book 1970, Page 201. The Rohloffes then in turn deeded Lot 24 to Alfred A. Bleau by Deed dated June 9, 1983 and recorded in Book 3766, Page 157. Alfred A. Bleau deeded Lot 24 to Howard Anthony Roberts by deed dated March 4, 1996 and recorded at Book 10089, Page 51. Howard Anthony Roberts continues to own this property to this day. Copies of these documents are attached for your reference. Since at least September 19, 1972 Lot 24 has remained in ownership separate from the subject property Lot 25. Therefore Lot 25 has been held in ownership separate from the adjoining Lots since at least September 14, 1973. 8. On February 28, 1985, by article One of the Town Meeting of the Town of Barnstable the minimum Lot size for the subject area was increased to 43,560 square feet. Based on the foregoing it is my opinion that under Section 4-4.2(1) Town of Barnstable Zoning Ordinance, this Lot was not held in common ownership with any adjoining land at the time of the zoning change which made it non-conforming, and has a minimum of 5,000 square feet of area and 50 feet of frontage and conforms to the existing zoning when legally created and was separately owned at the time of every zoning change which made it non-conforming. Therefore, it is my opinion that this Lot is "grand fathered" and may be built upon for residential purposes because the Lot conforms to Section 4- 4.2(1)of the zoning ordinance. Please inform me by signing a copy of this letter and returning by mailing it back to me as to whether or not in your opinion this Lot may be built upon for residential purposes. Thank you for your attention to this matter. *ro JJ/ldc 3 I agree that as of the date of this letter Lot 25, comprising a single unit on a Plan recorded on Plan Book 250, Page 143; 158 Melbourne Road, Hyannisport, MA is, for zoning purposes, one buildable Lot. Ralph M. Crossen Date g:\clients\pearsonVuel bourne... 4 LOT 25 TITLE HISTORY Wet James E. Kelletttti M�iohae�l A I!Costrino and Anthony ff. •Micelotti, Trustees of C E k Realty Associates, under a written Deolaralion of Trust dated Xay 13, 1970, and recorded with Barn- stable ounty Registry of Deeds in Book 1471, Page 851, as amended by instrument dated May 13, 1970, recorded in Barnstable County Id Registry of Deeds, Book 1483, Page 856, of 23 West Street, rilford ' i Worcester County,Afassschueette, for the full consideration of $6,250.00 paid a�ssos . - gr-tto Edmond Aroaro and Alba Arearo, husband and wife, teneats by the entirety, i of Washington Street, Franklin, Massachusetts, with t aWIabn racrttauts the land in $ - Massachusetts, bounded and described as followst Barnstable County A certain tract or parcel of land situated on the easterly aide of Melbourne Road in Barnstable (Hyannisport) Barnstable County, Massachusetts and being shown as Lot #r25 on a plan entitled "Subdivision Plan of Land, Barnstable, }rase. "Straightway" Scale 1"-501 , 14 January 1971 Robert G. McGlone, Surveyor & Engineer Main Street, hest Barnstable, Mass. For C.E.M. Associates" said plan filed with Barnstable County Registry of Deeds, Plan Book 250, Fage 143, said Lot r25 being bounded end deecribed as shown on said plan as follows: h'ORTHILUY: by Lot #26, as shown on said plan, 100.000 feet; WESTERLY: by Melbourne Road, as shown on said plan, 66.611 11 _eet; C o SOUTHWESTERLY: by a curve having a radius of.25.000 feet, as shown on said plan, a distance of 21.739 feet; and by a I cu_^ve having a radius of 52.500 feet, as shoyn on ° said plan, a distance o: 23.145 feet; F SOUTHERLY: by Lot 024, as shown on said plan, 77.251 feet; C RAS'=ERlY: by Lot f16 and Lot 1 as shown on said i I 104.000 feet. 7' p'�' Containing, 10,040 square feet, accords ;� ng to said plan. 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 Instrument II0,, 123. �• For title see deed of Helen L. Marchant dated May 13, 1970 and recorded with Barnstable County Registry o, Deeds in Book 1471, Page 874; deed of Edna Y. Fisher, Trustee, dated Mav 13, 1970, recorded with Barnstable Count Registry e Page 877• and deed of T� y 8-etrr o_ Deeds, Book 1471, g -A-nza Corporation dated March 17, 1971, recorded with said DLeda Book 1505,dPap 038' ` 1-9 _ Executed as a eealed'instrument t ' tent Y° JY o CT0,VJ-'-�0�k1,'EAITH O: N'".�'ACH'JSETTS ee or sic_ s _�'.. JUL 13-2 �Prustee Aforesaid CIa ds===dtq of avx, Barnstable M June 10, 19 72 and o Micelotnt i SJames .aKellett, Michael A. Coetrino id and ac!<w"Iedged the 6vsoing Inzt v to be their free as and Angelo J. Roberti µ. - )AY CDC-iutonesp6e, July 15, 1972 g LOT 26 TITLE HISTORY James Z. Ee:ie.-, r:ichae_,i . �ostrino, and Lathor� _rusteee Of C r P: Realty Essociates, under a wrl..ez. i. j: - diYEtiOn of :ru6. dazed P:a;; i3, 1970, recorded with, Barnstabie Page 871 as amend en bT- i i. �ourty Rebietr. of Deeds in Bool: 1477 , g , i ir.s-,rument da�ei: Kay 13, 197", recorded in Barnstable County I r Page 856 of 23 Wes-. Street ~ I i ,Ebi6t=�" 0_ Deeds, Book i48i, 6 + county,Massacnuse.ts. + - Worcester i - , ,(or the iuu:consicercior.o.' $c,25:; 00 Pin ' I 19906 Jr. I -Tantto 01in�G 1 . OOlaGe 2 Wa6:.ingtoL Street, Franklin, Massacnuse`e s' s I i i (hyafi:.isport, �arn6 zaDiE OGL. : i s :.use~t6, OOLnaeG "_t desc_-DEC a6 :O-lows I i --_ - G_ of _�,c s_�ua ed Gn .�e easceri�" side I �i _ .e: _soon-, tea:. ,cG_E COun- E . , I "Ju0 _.LLsiOf.y2_a`. C: , Ja=:s F-' ?E, 1:as6. °`^:=a:E:�1ia'n SO—E !a c _ _ GOi::- v, Ncv_One, Sur,e:0. C :..a,1neE_ � I -i S @c�, I.i:`•,Ji .._c, `i':II3s. =Cr l..t..f. r'_ OCiE.Esr sL_C .Ed �'_. =.an`��a:._c �o n Yeb:E 0_• ''JF�6, __E.:. BOG� 2�:�, = I _--C L 6EiC .,Gt -2C DeinZ oouflde6 and desCribEC 8E shown OL sL C. pian a6 fol-ows: U Z.Ou6:. mane, as shown On said _ an, 80.000 r :e e i i - '`", _ Ci.^ E ra::ius 0: 2=.�J" _cEt, aE 6no-wr r G� BE.—, p_a:, a1C1bza_nce of ,9 C fee-.; c 4 ' 1 = I t;BS_i.:,i`_ :a:bourne noao, aE snowy. on sa._d ��aL, i S3 TH":L1, D= 7=25, as s-owL Of. said .I G .OX fee.; t• I D; :A as 6n0•w c'- ., On 6ld ._a _ _.000 fee-.. a.'E`:.c:EJ Be - - IC, Jcrns�L:.IE yJOGL-, :.Eo-s�r}" _ Deedsas 1 n6 _ e_uS E:.: t i a - -_E s-E dae:- G_ B_ve: - ?:-c: da._- .:a" _GEC and ~ecG� B�L-ta`C_E CoL - :;e _s:_. ^G_ Be_dc i pc:oc~S^I CCi:C G_ -- i': r._::s.ee, di_.cd i:a_" _J, fly, i i ?COr::OC'w 2.C_C,11 tu. co_ De 2.:P,, JJO1_ =c_p- 077, a;.:- L'eEd 0` :,tn z. da.eG 1• ~ECOrdEL k:tL Ba=ns.6OIe ^o-a- ReGi6 O: Deeds,`Book 1705, i 1 age 056. Ezecuccc as c Eeaicti inss�Mee.t',. _0: da o: :1�J --- ...,— — ..,.s.ee saic ' ' j I Barnstable t,. June 10, 72 i i 7henpertonallvappeatedtheabovenamed James L. Kel--ett, Micnael k. Costrin0 V. and Anthc-V h;. Micelotti, Tru6teeE as aforesaid and acknowledged the foregoing instrument to be t ne lr iree act and dccc. Al -. Iwory v'' An z e.L c. - ' e~.. Notary PuNic I . Mv commission expires J uiy 15, 1972. i JJ� - ;; i;,;? eccK7.853 FACE 08.9 C53;3C M O R T G A ALJS OLINTO A. COLACE, being the same person described as 'Olinto A. Colace, Jr.' in deed hereinafter referred to, of 52 King Street, Franklin, Norfolk County, Massachusetts (hereinafter -i called the "Mortgagor"), for consideration paid, grants to LUIGI r-. ..COLACE or ANTONIO C. COLACE, both of 2 Washington Street, Franklin, Norfolk County, Massachusetts (herainafter called the 'Mortgagee"), with MORTGAGE COVENANTS, to secure the payment of Thirty-One Thousand Nine Hundred Sixty-Two and 80/100ths ($31,962.80) Dollars, payable on demand, as provided in a Promissory Note dated January 10, 1992, the land situated in - Barnstable (Hyannisport), Barnstable County, Massachusetts, described as follows: • R • R R R R R R R A certain tract or parcel of land situated on the easterly side of Melbourne Road in Barnstable (Hyannisport), Barnstable County, Massachusetts and being shown as Lot #26 on a plan ! ' entitled, "Subdivision Plan of Land, Barnstable, Mass. 'Straightway', Scale: 1" - 50', 14 January 1971, Robert_ G. McGlone, Surveyor 6 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 Lot #26 being bounded and described as shown on said plan, as follows: NORTHERLY: by Sugarbush Lane, as shown on said plan, 80.066 feet; (;_NORTHWESTERLY: by a curve having a radius of 25.000 feet, as shown on said plan, a distance of 39.270 feet; WESTERLY: by Melbourne Road, as shown on said plan, 77.621 feet; SOUTHERLY: by Lot 825, as shown on said plan, 100.000 feet; ,EASTERLY: by Lot 816, as shown on said plan, 102.000 feet. Containing 10,126 square feet, according to said plan. Said premises are hereby conveyed subject to Protective = Covenants, as set forth in instrument dated June 10, 1972, I -recorded with Barnstable County Registry of Deeds as Instrument i No. 16123. - t i 1- I _ - i ,_.._ e0CM53 F,c� 090 For title, see deed of James E. and Anthony N. Micellotti, Trustees oflCeKt� Michael A.under a written Declaration of Trust dated May Realty Associates or with Barnstable County Registry of Deeds in Book3� 1970 as amended by instrument dated May 1471, pagec85ded County Registry of Deeds, Book 148313pa19970, recorded in Barnstable Jr, (being the same person as Olinto A,g 856, to Olinto A.dated June 10, 1972, recorded with Barnstable eCounty iRegistry iofce, Deeds in Book 1687, page 125. This mortgage is upon the statutory condition, for any breach Of which the Mortgagee shall have the statutory power of sale. WITNESS my hand and seal this 21st day of January, 1992. Olinto A. Colace it ilk COMMONWEALTH. OF MASSACHUSETTS NORFOLK, SS. January 21, 1992 Then personally appeared the above-named Olinto A. Colace and acknowledged the foregoing instrument to be his free act and deed, before me :i Cataldo, Notary Public MY c ission ezpires: 03/08/96 4941X 1� — 2 — i REGORGED JAN 29 92 I . I 1 BK1200? PG1 1 � 111 • 03-02-1999 FORECLOSURE DEED iereby LUIGI COLACE and ANTONIA COLACE,holders of a mortgage from Olinto A. 9er, it . Colace to Luigi and Antonia Colace dated January 21, 1992, and recorded with the regoing Barnstable County Registry of Deeds in Book 7852, Page 89,by the power conferred by said mortgage and every other power, for Forty-Four Thousand Dollars ($44,000.00) paid, grants to ANTONIA COLACE with a mailing address of: 2 Washington Street, Franklin, Norfolk County, Massachusetts, the premises conveyed by said mortgage. kr+ o 1' 1999. d instrument this day f , Executed as a sealed Y t�L Exe f�,�,,�. Luigi Colace- - Antonia Colace COMMONWEALTH OF MASSACI USETTS Norfolk, ss. ay 10 , 1999 - Then personally appeared the above named LUIGI COLACE and ANTONIA COLACE and acknowledged the foregoing instrument to be their fre act and deed, before me Nota lic: My Commission Expires:_ _M;4.2fia, ._ PROPERTY ADDRESS: -4 148 Melbourne Rd ``6�Y NN 124672 Barnstable )� Barnstable County Massachusetts A= La � DEEDS a BK1209 r Pt-72 MORTGAGEE'S AFFIDAVIT 'Me, Luigi :-olacc and Anton'a Colace, make oath and say :hat the principal, j, interest and tax obligations under 3 mortgage from Olinto A. Colace to Antonia and Luigi Colace dated January 21. 1992, and recorded with Bamstable County Registry of Deeds 1-- in Book ?8-53, Page 39 were not paid or tendered or performed •xhen due or prior 10 ,he Ti. sale, and *hat we caused to be published on December 4, 1998, December 17, 1998 and 7 December 31, 1998 in the Barnstabie Patriot, a newspaper published or by its title page ' purporting to oe published in Hyannis, Massachusetts and paving a circulation therein, a is notice, a true copy of which is attached 'hereto as Exhibit A. `Ne also complied with '-hapter 344, Section '4 of Ylassac;husetts Cenerai Laws, a., as amended, by causing ?o he :nailed the required notices by certified mail, return receipt equested. i Pursuant to said notice it the time and mace :herein appointed. .ve sold the '�� Paul Costello, 3 duly 3uclioneer with mortgaged ?remises at ouolic auction `ostello Realty Co., !tic. -or Forty--our T:iousand Doilars (S44,-)G0.00;, being the highest -- ...�f ,`�- %� ,_, {i !" . 'C:' moo- �•�-� - of ade therefor at said auction. L:tigi Colace Antonia Colace CO } n cif v � m j _ a401 'J 4J n _—t� z V T m s C1 a m a fj - c�: _ fl� BK.12007 PG177 1i111 COMMONWEALTH OF MASSACHUSETT6 Norfolk, ss. i1 Then personally appeared the above named LUIGI COLACE and ANTONIA nd Luigiy�'. COLACE, and acknowledged the foregoing to be their free act and deed before me Deeds + i. to the Notaty Public: Pete 1 �i4abt,S�y J8 and My Commission Expires: fv 1c,,2v3 page 124655 ir• -rein, a JSY"t .. Laws, `':d '• y'ti~,fit receipt t r with le highest C e Q ct, Asa -2- LOT 16 TITLE HISTORY . r de, James d. Kellett, i•lichael A. Costrino, and Anthony N.120 6 " Mlcelotti, Trustees of C. K. M. Realty Associates, under a written Declaration of Trust dated iiay 13, 1970, and recorded with Barn— stable County Registry of Deeds in Book 1471, Page 851, as amended by instrument dated Play 13, 1970, recorded in Barnstable County Registry of Deeds, Book 1483, Page 856, of 23 West Street, Milford xx Wor"ster County,%fastachwwng. mloWrAaff",forconodustion paid,Grant to Leon J. Jod ice offliarrowe Lane, o. South Yarmouth, Barnstable County, Massachusetts, i .. xf .,,h "cast ne if Barnstable (Hyannis), Barnstable County, Massachusetts, 3 bounded and described as follows: +. Northerlyt by land of C. K. M. Realty Associates, as shown on ,1 plan, 89.001 feet; 7-: Northeasterlyt by a curve having a radius of 25.000 feet, as shown - a" on plan, a distance of 30.217 feet; Bnntorlyl by Straightway, no shown on ettid elan 66.350 fseti 0outherlyi by Lot 17, as shown on said plan, 100.000 feet! Westerly: by land of C, K, M, Realty Associates, as shown on said plan, 119.096 feet. Containing 10,187 feet, moro or leas, according to said plan. ` The above premioes. nre shown as LOT 16 on plan of land entitled "Plan of Land Barnst:tbla, tiara, Owner: O.K.M. Realty Associates" dated Auguut 3, 1970, and recorded with Barnstable County Registry ,j of Dosde in Plan Book 240, Page 15, 1 For title see deed of Helen L. i•larchant d,Lted May 13, 1970, and recorded with Barnstable County Registry of Deeds in Book 1471, Page 874; deed of M na M. Fisher, Trustee, dated May 13, 1970, recorded with Barnat+tble County Registry of Deeds, Book 1471, Page 8771 and deed of Lanza Corporation dated 'larch 17, 1971, recorded with Barnstable County Registry of Deeds, Book 1505, Page s' I 058. ' O Consideration for this conveyance is 85,000.00 COMMON OF ASS CHUSETTS I y DLL = 'IHL '"f w I I. 4 0= 1. I . . rauoit t � our !:suds and seals te;a d r day of Eay if 71 e1nZt3t'L rue ii ciao .—L'q �no, s so q'K `Anthony N. Micelotti, Trustee :y I + �;+. I >tbt�emtttamrell�st l�aand;twtb t i Barnstableµ May to 71 TV—personally appeared the above nursed James E. Kellett, Michael A. Costrino, ' and Anthony N. Mioelotti, Trustees as aforesaid, i MA aekno+rledt,ed the foregoing hutrra&M to he their ree ad and deed :i din•K Angelo J. oberti rva.ryn.efk aoacISM wil i �i°Rpf1° �, JUN 9. 1911 ""0"" Jay 15 1972 ; wy , �AJ. I i ! I ROOK 1586 PktE 274 I, LEON J. JODICE, of 6 Narrows Lane, Yarmouth (South), Barnstable Ar County,Massachusetts, being unmarried,for the full consideration of $26,900.00 paid grant to CHRISTOPHER A. TADDEO and JANET E. TADDEO, husband and wife, as JTenants by the Entirety, both of 47 Centerville Avenue, aix Barnstable (West Hyannisport), Barnstable County, Massachusetts, with quitrlalin routntlnto the land in Barnstable (Hyannis), Barnstable County, Massa- chusetts, together with any buildings thereon, bounded and described as follo et j NORTHERLY and NORTHEASTERLY by a Way, an arc distance of eighteen and 991/1000 t (18.991) feet, a straight line measuring seventy and O10/1000 (70.010) feet, andanother arc distance of. thirty and 217/1000 (30.217) feet, respectively; 1 EASTERLY by Straightway (public), sixty-six and 350/1000 I (66.350) feet; SOUTHERLY by Lot 17, one hundred and 000/1000 (100.000) feet; and WESTERLY by C.K.H. Realty Associates, one hundred nineteen and 098/1000 (119.098) feet. Containing 10,187 square feet, more or less, and being LOT 16 as shown on .i a plan of land entitled: "Plan of Land, Barnstable, Mass. Scale 111 = 501, April 12, 1971, Robert G. McGlone, Surveyor and Engineer, Hain Street, W. Barnstable, Hass.", which said plan is duly recorded in the Barnstable County is�i m Registry of Deeds in Plan Boo5, Page 153. I o t k 24 _ Subject to and together with the benefit of all rights, rights of way, easements, reservations and restrictions of record, if any, insofar as the W same are in force and applicable. Being the some premises conveyed to me by deed of James E. Kellett, C7 at ali, Trustees of C.K.H. Realty Associates, dated May 8, 1971 and being duly recorded in the Barnstable County Registry of Deeds in Book 1513, Page 1191. See also confirmatory deed from C.K.H. Realty Associates to be duly t5 recorded herewith in the said Registry of Deeds. J I COMMONWEALTH Of MASSACHUSETTS N Lj'�.CISE] 65 6L. Executed as a sealed instrument this /a,�,1.day - 19 72 ` I eon o e �: I i u 1, Zip Immttottmralll;of Maosat*mrm t� Barnstable %2 19 72 j; Then personally appeared the above named Leon J. Jodice and acknowledged the foregoing Instrument to be his act and deed, Bef— sue, ' ,otary labile My Commission expire!, $H,"D JAN 12 IM &RECORDED commission eaplrr lay ZZ,1975 la I i f' I Bk 1 OB2$-292 102`�8 02-28-1997 a O1a16 I i I WE, CHRISTOPHER A. TADDEQ AND JANET E. TADDBO OF Hyannis, Massachusetts FOR CONSIDERATION 0! EI DOLLARS Ot'TT NINE THOUSAND ($89,000.00 i $ GRANT TO S BRUCE G. BALMaN AND DONNA M. i Tenants by the Entirety f 65 Stra DWIN ghtway, Hyannis,WMA ne 02601 WITH QUITCLAIM COVENANTS j I The land in Barnstable ( annis) , Barnstable County, .� Massachusetts, together rTth the buildings thereon, If described an follows , v� Being L0T 16 as shown on A plan of land entitled: •Plan of Land, Barnstable, Mass. :kale 1" 50' April 12, 1971, Robert 0. McGlone, Surveyor and Engineer, Main Street W. Barnstable, Rase.", Which said plan 'is duly recorded in the Barnstable County Registry of Deeds in Plan Book 245, page 153. For title see deed recorded in Barnstable County Registry of Deeds in Book 1586 Page 274. iPITN886 our hand and seal this 27th day of February, 1997. net B. Ta eo atop er A. Taddeo �� i CD LA V) \ }� INELL ma _ W ~� A p t 2 . I i BK11638 P0216 661? QUITCLAIX DEED '++ BRUCE G. BALDWIN and DONNA M. BALDW IN, of 65 Straightway, WHEN RE Hyannis, MA 02601 NORTH t in consideration of ONE HUNDRED SIX THOUSAND AND 001100 P.O. BC ($106,000.00) DOLLARS PAID PETALIR DOC MAI grant to ANTHONY C. COLLUCCI, Individually 3022 of 65 Straightway, Hyannis, MA 02601 005 with QUITCLAIM COVENANTS the land together with the buildings thereon situated in Barnstable (Hyannis) , Barnstable County, Massachusetts, described as follows: THi Being LOT 16 as shown on a plan of land entitled: "Plan of ANTHON` Land, Barnstable, Mass. Scale 1" - 50' April 12, 1971, Robert G. McGlone, Surveyor and Engineer, Main Street, W. Barnstable, Mass.", which said plan is duly recorded in (.BoVov the Barnstable County Registry of Deeds in Plan Book 245, Page 153. o For title see deed recorded with Barnstable County Registry of Deeds in Book 10628, Page 292. which is, Executed as a sealed instrument this 13th day of November, address i! 1998. M / NINETY nice G. Ba n Dollars Instrume i DECEM81 .c evidences Donna M.­H. w n ocher sup COMMONWEALTH OF MASSACHUSETTS the pertc n Purpose. o Barnstable, as: November 13, 1998 PAP ) T F Then personally appeared the abov - arced Bruce Baldwin E) and Donna M. Baldwin and ae ow;edge th foregoing instrument to be their free act ndd J Q a �+ Not u P i h My C ssios n xpirest m o SEE Ri �v gi -• "CAi,+ ►- Which ha-, Massachu ~ �.? X Ifs :• }a- A Palo I of e BARNSTABLE REGISTRY OF DEEDS LOT 17 TITLE HISTORY eooa<1933 rnu 62 LEOH J. JODICB, ' 082 of 6 Narrows Lane, Yarmouth (South) , Barnstable Codety,Maseauhusette, =000610W for the full ootWderstlon of Thirty-five thoutfand nine hundrefl XKW 035,900.00) Dollars paid grant to JAMES E. WHITE and CAROL J. WHITE, hualufnd and wife, as tenants by the entirety, both of 114 Walnut Street, Barnstable (Hyannis), Barnstable County, Massachusetts I a with RUM18tm ramttatils the land Xwith buildings thereon situate in Barnstable III (Hyannis) , Barnstable County, Massachusetts, bounded and described as follows: N EASTERLY by Straightway Road, 100.00 faatl ll SOUTHERLY by Lot 18, as shown on the hakainafter i mentioned plan, 100.00 feetl WESTERLY by land now or formerly of c.K•M. Realty t) Associates, 100.00 feet] and NORTHERLY by Lot 16, as shown on said plAn, 100.00 feet. 1! Containing 10,000 square feet, more or 1045- Being LOT 17 as shown on plan of land entitled "Plan of Land, Barnstable, Mass., Scale 1" a 501, April 12, 1i171, Robert G. 1tcGlone, Surveyor & Engineer, Main Street, W.Barnstable, Mass.", which plan is ii duly filed at the Barnstable County Registry 4l? Deeds in Plan Book 245 Page 153. o The above described lot is. conveyed subja•rt to reservations and i restrictions of record, if any there be, inso[Ar as the same are now M in force and applicable. For grantor's title, see deed from The Mal►tls Corp. dated August 4 1972 and recorded at said Registry of Deeds in Hook 1699, Page 262. i i COM,MONWEAITH OF MASSACHUSETTS 14-13 Ca �¢ O S d Execute as a sealed instrument this /•7 day of e r 1973.t� F, F / tt [1 j � • I I if Qbt�etttmstusrdt�tt!lRulsa[�afth it Barnstable „ 8eptember /S � 1973 i I 7%an personally appeared the above named Leon J. Jodiae f I ' and acknowledged the foresoing Instrument to he his I I Ij B�OT/iti1, ./NoteryhiMk : My commission expires /20 19 7 I; 1Qil�n SEP 141M . BOOG287 P.OE 310 QUITCLAIM DEED 64591 JAMES E. WHITE and CAROL J. WHITE, husband and wife as I j tenants by the entirety, both of 55 Straightway, Barnstable <� i (Hyannisport), Barnstable County, Massachusetts, consideration of $135,000.00, grant to P-DELTA, INC., a '. I Massachusetts corporation with a usual place of business at TI 6 148 Holly Tree Road, Stoughton, Massachusetts, with QUITCLAIM COVENANTS, the land with buildings thereon situated in Barnstable (Hyannis), Barnstable County, Massachusetts, bounded and. _ 0/d described as follows: EASTERLY by Straightway Road, one hundred and no/100 (100.00) feet; SOUTHERLY by Lot 18, as shown on the hereinafter j( mentioned plan, one hundred and no/100 (100.00) feet; rs WESTERLY by land now or formerly of C.K.M. Realty Association, one hundred and no/100 (100.00) feet; and ' NORTHERLY by Lot 16, as shown on said plan, one hundred 44 and no/100 (100.00) feet. � Being LOT 17 as shown on plan of land entitled "Plan of Land, Barnstable, Mass., Scale 1" = 501, April 12, 1971, . Robert G: McGlone, Surveyor & Engineer, Main Street, W.. <<i Barnstable, Mass.", which plan is duly filed at the Barnstable County Registry of Deeds in Plan Book 245, Page 153. 13A�r� Als[RT J.SCHULZ A���Rt J.�CF ATTORN[T At LAM 7 PARKER ROAD ATTORNB'AT I O[T[RVILLL MA.O[[[[ T►ARR[R 00, 1[171 A[[•O[[O 0[ WALLL YA-1 MITI URpI 1 ' •.r L FI WK5287rer I The above described lot is conveyed subject to iF reservations and restrictions of record, if any there be insofar as the same are now in force and applicable. r G i Being the same premises conveyed by deed of Leon J. Jodioe to us dated September 14, 1973 and recorded in I : Book 1 933, Page 082. i WITNESS my hand and seal this $ LI day of 1986. � � I .........(Fill r: 141'1'TS James white ..1 i to COMMONWEALTH OF MASSACHUSETTS Barnstable, as i uf�o7InZf.L S 1986 i4 Then personally appeared the above named JAMES E. WHITE �� ;r. and CAROL J. WHITE, and acknowledged the foregoing instrum ent7. to be their free act and deed, before me - -? Note y public ; • . My commission expirea �OY�nv �O� /9� `+�^. r•����:' !j rY �IRTJ.SCHULZ r ATTORNtT AT SAW aM T�AI1Rtt ROAD - 1 A4l OaOtt _ It3T11a0g0O �•:� REGORGED SEP 8 86 Y• 2 F;r. r. I i • II 'Tr > F F' , BOOKT, 82PIGE jJ4 1 ,533 QUITCLAIM DEED i 9 C P-DELTA, INC., a Massachusetts corporation with a usual z i place of business at 148 Holly Tree Road, Stoughton, Massachusetts for consideration of $1.00 dollar grant to SOM P. VIRK with QUITCLAIM COVENANTS, t the land with buildings thereon situated in Barnstable (Hyannis), Barnstable County, Massachusetts, bounded and described as follows: ' x EASTERLY 'by Staightway Road, one hundred and no/100 Ql (100.00) feet; SOUTHERLY by Lot 18, as shown on the hereinafter mentioned plan, one hundred and no/100 �. f (100.00) feet; WESTERLY by land now or formerly of C.K.M. Realty Association, one hundred and no/100 T (100.00) feet; and Q NORTHERLY by Lot 16, as shown on said plan, one d 01 hundred and no/100 (100.00) feet. C 'I C s • i I IBeing LOT 17 as shown- on plan of land entitled "Plan of Land, Barnstable, Mass., Scale 1' - 50' , April 12, 1971, Robert G. McGlone, Surveyor and Engineer, Main Street, W. Barnstable, Mass.", which plan is duly filed at the Barnstable County i i Registry of Deeds in Plan Book 245, Page 153. i BOU7382PISE 1J5 FV'41. The above described Lot is conveyed subject to reservations of record, if any there be, insofar as the same are in force + and applicable. I Being the same premises conveyed by deed of James E. White ;My4: and Carol J. White to P-Delta, Inc. dated September 5, 1986 and t recorded in Book 5287, Page 310. , WITNESS my hand and seal this _ day of January, 1990 P-DELTA, INC. By 'a. it's 74 `tr COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. January 1990 Then personally appeared the above-named as president of the above-named corporation and acknowledged 4 t the foregoing instrument to be the free act and deed of the corporation, before me N tary Public My commission ezpires`i' I�1 Pubft Fxpi,co March 2 t99^ _f 7,• 5 �t t. I. LOT 24 TITLE HISORY We, $amen E. Kellett, Michael — — A. Costrino Trustees of C.K.M. ,Realty ,Associates ' and Artthony:N. Micelottion of Trust dated May 13 1970, and recordeduwith Barnstable er a written DCouatytRegistry of Deeds in Book 1471, Page 851, as amended 13, 1970, recorded in Barnstable Count by einetrument dated May Pa a 856 Y Registry or Deeds, Book 1483, 23 West Street, Milford B=1751 PACE 004 for'the full oonmdemeon of 1 Worcester County,Maeeaohueetts, paid g—tto Leon. . odice , Narrows bane . J J Of South Yarmouth, Maeeaclhiueette *lam gtt�clatm taoritmtis the land is Barnstable H i Massachusetts, being Lots #53,Barnstable yannisport), Barnstable County, a plan of land entitled "Subdivision plan t'L 57' �3' and #24, on "Straightway" Scale 1"=50+, 14 JanuaryLand, Barnstable, Mass. Surveyor and Engineer, Main Street, Wst Barnstable,obert a Mass., Fo C.K.M. Associates" said plan filed with Barnstable Count ' For of Deeds, Plan Book 250, Plan 143. Y Registry Said premises are hereby conveyed subject to Protective Covenants as set for in instrument dated June 10, 1 2 with Barnstable County Registry of Deeds, Book 19661, Pagee172. For title see deed of Helen L. Merchant dated lfay 13, 1970,' and recorded with Barnstable County Registry of Deeds, Book 1471 Page 874; deed of Edna M. Fisher, Trustee, dated May 1 recorded with Barnstable Count y 3+ 1970, . ' 71, Paco 877, and deed of Lanza Corporation dated Deeds, Book 1971, recorded with Barnstable County Registry ofa Deeds,hBook 1505, Page v 058. M ' The Grantors herewith acknowledge compliance with restriction #10 as v pertains to the aforementioned lots, referencing Covenants recorded Barnstable County Registry of Deeds, Book 166b, Page 172. COMMONWEALTH Of MASSACH{USETTS . o P.B.IIOS). y ty i Exeonted as a sealed hwtzummt thL 19th day of September 10 72 r ee e ust ore a ustee Af esai , OMMMM24 of Barnstable as September 19, ie 72 Tun�nY+ppeated the abors named and Anthony N. Micelotti, Trustees aslaforesaidhael A. Costrino and aclmavledaed the CoreN+n:Imtrnmeyt to be their �fine act and deed, • � air„ ��'� �J'•��'�2G�' ,:7. } +� l•. Angelo J. Roberti r RECORDED Nov 7 1.972 r comet"""et+ptrea July 12, is 79 ;- hff B997 . 11-13-73 r� aocr1970 a-a 201 I, LEON J. JODICE, being married to Rose Jodice, of 6 N a6o9ws Lane, Yarmouth (South) , Barnstable County, Massachusetts, for consideration paid of Thirty-three thousand three hundred and 00/100 ($33,300.00) Dollars, grant to •0: i. ARTHUR K. ROHLOFF, JR. , and SHARRON A. ROHLOFF, husband and wife {i as tenants by the entirety, both of 300A Sea Street, Barnstable ! NC. f (Hyannis) , Barnstable County, Massachusetts, with QUITCLAIM COVENANTS, i ..r the land together with any buildings thereon situated in Barns- table (Hyannisport) , Barnstable County, Massachusetts, bounded and described as follows: i The premises shown as LOT NO. 24 on a plan of land entitled, c 11 "Subdivision Plan of Land, Barnstable, Mass., "Straightway" ; Scale 1 = 501 , 14 January 1971, Robert G. McGlone, Surveyor 4 and Engineer, Main Street, West Barnstable, Mass. , For C.K.M. `. Associates", which said plan is duly filed with the Barnstable 73. County Registry of Deeds in Plan Book 250 Page 143. i '• The above described premises are conveyed subject to and with the benefit of all rights, rights of way, easements, appurtenances, ,d reservations and restrictions of record and especially as set ant forth in a deed from James E. Kellett, et al, Trustees of C.K.M. Realty Associates, to me, dated September 19, 1972 and recorded with the Barnstable County Registry of Deeds in Book 1751 Page 004, to which reference may be had for title,. insofar as now in force and applicable. .c WITNESS my hand and seal this o7L jfy day of /l�ct.': , 1973. LEO JODICE U '.= THE COMMONWEALTH OF MASSACH ETTS 6 Barnstable,ss. o- , 1973. Then personally appeared the above named Leon J. Jodice and acknowledged the foregoing instrument to be his free act and deed, before me i' Edward W. Farrell - Notary Pub is ; My Commission Expires: 4 i I CCMlAONWEALTH OF PAASSACIRJSFTTS .. t ARDI1'O 6 FITCH Aeomgs Al Law r •N ice.. J (�I 1 �)Woo Tumoulh.Meu. 7 133 :i N----�_•11 �J --I ^ MO'/t1�7'_ __ 1 J 8• 753 "1 U. i MN Z7 03 I Ih cucg3766 iw' 157 2.1119 I ;: ' { Wo, ARTHUR K. ROHLOFF Jr. 'and SIrARRON A. ROHLOFF, husband 8 ' and wife as tenants by the both of ' y 35 Armory Street ! " Keene, New Hampshire 03431 for consideration paid of Forty— two Thousand Five Hundred and 00/100($42,500.00) Dollars, grant i Kx t0 ALFRED A. BLEAU, individually, of 10 Pine Grove { ' #3, Hyannis, , ••• ;. Barnstable County, Massachusetts, i !I with QUITCLAIM COvENUITS and :I of it the l4nd together with any buildings thereon situated in Bornstable(Hyannisport), Barnstable County, Massachusetts, ( ! and bounded and described as followst The premises shown as LOT NO. 24 on a plan of land entitled, Subdivision Plan of Land,—Ean Mass., "Straightway" Scale 1" . 50', 14 January 1971, Robert G. McGlone, Surveyor ,r K and Enginner, Main Street, West Barnstable, Mass., For C.K.M. Associates", which said plan is duly filed with the Barnstable tJcy County Rogistry of Deeds in Plan Book 250 page 143. i . The above doscribed premises are conveyed subject to and with the benefit of all rights, rights of way, easements, appurtenances, reservations and restrictions of record and especially as set forth in a 'deed from James E. Kellett, at al Trustees of C.K.M.- Realty Associates, to Leon J. Jodice dated hoptember 19, 1972 11D and recorded with the Barnstable County Registry of Deeds in i Book 1751 Page 004. 1 ......... 1 i 7 For our title see deed dated November 26 1 I Jodice to us recorded at the Bnrnetnble+counntyfRegistry of Deeds, Book �970, Page 201 . i �:! �! ! � Witness our hands and goals this i 1 ........ :1' ( �� defy of June, 1983. ' � ♦y T 1 I f 1 w .......... �l .,1 t �I cn THE COMMONWEALTH OF MASSACH ETTS 1i { Barnstable+ ab. 9 I ' June , 1983, n ,...- Then.peraonally appeared the above named ARTHUR f K , 1 ROHLOFF K., JR. and SFiARt�ON A. ROHLOFF and acknowledged the 4 foregoing instrument to be their free act and deed, before me ' M My Commission Mmirest STABLE " �n '•. :�' f REVENUE }:4 'i �. y.••� t•r,`,1 (ttGU�����JUN 10 83 i t s mac:. 488 BP!10089-0051 96-03-06 10:03 #012489 Ay �i QUITCLAIM DEED ' 1, Alfred A. Bleu f/k/a Alfred A. Bleau, Trustee of the Bayview Realty Trust under declartion of trust dated September 21, 1982,recorded in Book 3564, Page 305 of 28 Peachtree Road, Marstons Mills, Barnstable County, Massachusetts for consideration of NINETY FIVE THOUSAND AND 00/100 ($95,000.00) Dollars hereby grant to HOWARD ANTHONY ROBERTS, Individually, of 68 Melbourne Road, Hyannis, MA 02601 da 'T. WITH QUITCLAIM COVENANTS The land with the buildings thereon described as follows: The premises shown as Lot No. 24 on a plan of land entitled, "Subdivision Plan of Land, Barnstable, Mass, "Straightway" Scale V- 50', 14 January 1971, Robert G. McGlone, < surveyor and engineer, Main Street,West Barnstable, Mass. for C.K.M.Associates", which said name Bank plan is duly filed with the Barnstable County Registry of Deeds in Plan Book 250, Page 143. roSubject to and together with all restrictions, rights, reservations, easements and x encumbrances of record. b o For my title see deed recorded in Book 3766, Page 157. a 4t March, 1996. WITNESS my hand and seal this day of)U=Wmbsycf991. v Alfr A. Bleu f/k/a Alfred 'Bleau i° T ee of Bayview Realty rust tent x 3 COMMONWEALTH OF MASSACHUSETTS .g Barnstable, ss IBaloot14b1rRxk447� March 4, 96 Then personally appeared Alfred A. Bleu f/k/a Alfred A. Bleau as Trustee as aforesaid and acknowledged the foregoing to be his free act and deed before me, ;oing rl.Vice m "I r 1> %i O••��r+r �• �-;U., -• Notary Public R1 c� C'�• —1 :• o,L•, -v, Com Exp: :. a, J•D f-• .J�tO L JL. c> cu IICHAIIp; PAM-.F." nC7 ci -I c�-7, 10 Mr CC-0%kslo„E.0—D--&W 14,1995 ar IMt1 X C.. `•' ti Y , to to P) at. vI f'1 m I'� P1 S7 . � •c• �U 4• (Cn fpr �� 1� SG ;i 1. 01/07/2000' 12:19 5087751945 PAGE 02 JEFFERY JOHNSON CENTER PLACE 1550 FALMOUTH ROAD CENTERVILLE,MASSPsCHVSETTS 02632 Jeffery Johnson Telephone (508)790.5776 Ge9rge W.Miller Facsimile(508)775-1945 DeceMber 22, 1999 Ralph M. Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Request for Determination of Buildability of Undersized Lot Locus. Lot 25, Plan Book 250,Page 143 1.58 Melbourne Road, West Hyannisport, MA Parcel ID#: Map 267, Parcel 158 Land.A-ea: 10,040 Square feet or .21 acres Zoning District: RB Present Owner: Edmond Arcaro and Alba Arcaro Dear Mr. Crossen: I am writing to request a determination from you that for zoning purposes, the above referenced locus is a"non-conforming lot" exempted from the current minimum Lot size provisions of the Barnstable Zoning Ordinance. The facts regarding the Lot are as follows: i. The Lot was established on a Plan of Land dated January 14, 1971, the plan is recorded at Barnstable County Registry of Deeds in Plan Book 250, Page 143, locus is shown thereon as Lot 25. The subject locus has 10,040 square feet of land(.21 acres)and fronts on Melbourne Road, an approved way, 66.61 feet. 2. The history of Lot 25 is as follows. 1 01/07/2000 12:19 5087751945 PAGE 03 James E. Kellett, Michael A. Costrino and Anthony N. Micelotti, Trustees of the C.K,M, Realty Associates deeded Lot 25 to Edmond R. Aicaro and Alba Arcaro by deed dated June 10, 1972 and recorded in Barnstable County Registry of Deeds at Book 1687, Page 124. The Arcaros continue to own the property to this day. Copies of these documents are attached for your reference. 3. The western abutter of the property is Melbourne Road, an approved way. 4. On the north, the locus is bounded by Lot 26. The title history of.Lot 26 is as follows: James E. Kellett, Michael A. Costrino and Anthony 1V_ Micelotti Trustees of the C.K.M. Realty Associates deeded Lot 26 to Olinto A. Colace, Jr,, June 1.0, 1972 and recorded at Barnstable County Registry of Deeds at Book 1687, Page 125. Olinto A. Colace placed a mortgage on the property, by instrument dated January 21, 1992, which is.recorded at Book 7853,Page 89. This mortgage was eventually foreclosed and a foreclosure deed was issued from Luigi Colace and Antonia Colace, (the holders of the mortgage)to Antonia Colace, said deed was dated February 10, 1999,and recorded among the records of Barnstable County Registry of Deeds on March 2, 1999, Book 12097, Page 175. Antonia Colace continues to own this property to this day. Copies of these documents are attached for your reference. S. The north easterly abutter of the locus is Lot 16. The history of Lot 16 is as follows: James E. Kellett,Michael A. Costrino and Anthony N. Micelotti Trustees of the C.K.M. Realty Associates conveyed Lot 16 to Leon J. Jodice by deed dated -May 8, 1971 and recorded in Barnstable County Registry of Deeds in Book 1513,Page 1191. Leon J. Jodice in turn conveyed Lot 16 to Christopher A. Taddeo and Janet E. Taddeo by deed dated January 12, 1972 and recorded at Book 1586,Page 274, Christopher A. Taddeo and Janet E. Taddeo conveyed Lot 16 to Bruce G. Baldwin and Donna M. Baldwin by deed dated February 27, 1997 and recorded in the Barnstable County Registry of Deeds at Book 10628, Page 292, Bruce G. Baldwin and Donna.M. .Baldwin in turn conveyed Lot 16 to Anthony C. Collucci by deed dated November 13, 1998 and recorded at.Book 11838,Page 216. Copies of these documents are attached for your reference. Since May 8, 1971, Lot 16 has remained in ownership separate from the subject Lot 25. 6, The subject Lot 25 is bounded on the east by Lot 17. The title history of Lot 17 is as follows: Leon J. Jodice conveyed Lot 17 to James E_ White and Carol J. White by deed dated September 14, 1973 and recorded in the Barnstable County Registry of Deeds at Book 1933,Page 82. James E. White and Carol J. White conveyed Lot 17 to P- DELTA, Inc. by deed dated September 5, 1986 and recorded at Book 5287, Page 310: P- DELTA in turn conveyed Lot 17 to Som P. Virk.by deed dated January 27, 1990 and recorded at Book 7082, Page 114. Copies of these documents are attached for your reference. 2 01/07/2000 12:15 5a 7751y45 PAGE 04 Therefore Lot 25 has been held in ownership separate from the adjoining Lot 1.7 since at least September 14, 1973. 7. Lot 25 is bounded on the south by Lot 24, The title history of Lot 24 is as follows: James B. Kellett,Michael. A. Costrino and Anthony N. Micelotti Trustees of the C,K M. Realty Associates conveyed Lot l6 to Leon J. Jodice by deed dated September 19. 1972 and recorded in Barnstable County Registry of Heeds in Book 1751, Page 4. Leon J. Jodice in turn conveyed Lot 24 to Arthur K. Rohloffe and Sharon A. Rohloffe by deed dated November 25, 1973, and recorded at Book 1970,Page 201, The Rohloffes then in turn deeded Lot 24 to Alfred A. Bleau by Deed dated June 9, 1983 and recorded in gook 3766,Page 157. Alfred A, 1Bleau deeded Lot 24 to Howard Anthony Roberts by deed dated March 4, 1996 and recorded at Book 10089, Page 51. Howard Anthony Roberts continues to own this property to this day. Copies of these documents are attached for your reference. Since at least September 19, 1972 Lot 24 has remained in ownership separate from the subject property Lot 25. 'therefore Lot 25 has been held in ownership separate from the adjoining Lots since at least Sc>7 mber_14, 1973. S. On February 28, 1985, by article One of the Town Meeting of the Town of Barnstable the minimum Lot size for the subject area was increased to 43,560 square feet. Based on the foregoing it is my opinion that under Section 4w4.2(1)Town of Barnstable Zoning Ordinance, this Lot was not held in common ownership with any adjoining land at the time of the zoning change which made it nonconforming, and has a minimum of 5,000 square feet of area and 50 feet of frontage and conforms to the existing zoning when legally created and was separately owned at the time of every zoning change which made it non-confirming. Therefore,it is my opinion that this Lot is"grandfathered" and may be built upon for residential purposes because the Lot conforms to Section 4- 4.2(1)of the zoning ordinance. Please inform me by signing a copy of this letter and returning by mailing it back to me as to whether or not in your opinion this Lot may be built upon for residential purposes. Thank you for your attention to this matter. 'very truly yo Je on JJ/Idc 3 01/07/2000 12:19 5087751945 PAGE 05 JEFFERY JOHNSON CENTER PLACE 1550 FAL.MOUTH ROAD CENTERVILLE,MASSACHUSETFS 02632 Jeffery Johnson Telephone(50$)790-5776 George W. Miller Fact;irnile(508)775-1945 December Z2, 1999 Ralph M. Crossen Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: Request for Determination of Buildability of Undersized Lot Locus: Lot 26, Plan!Book 250, Page 143; 148 Melbourne Road, West 1lyannisport,MA Parcel 137#: Map 267, Parcel 159 Land Area: 10,126 Square feet or.21 acres Zoning District: RB Present Owner: Antonia Colace Dear Mr, Crossen: 1 am writing to request a determination from you that for zoning purposes, the above referenced locus is a"non-conforming lot" exempted from the current minimum size provisions of the Barnstable Zoning Ordinance. The facts regarding the Lot are as follows: 1. The Lot was established on a plan dated January 1.4, 1971 the plan is recorded at Barnstable County Registry of Deeds in Plan Book 250,Page 143, locus is shown thereon as Lot 26. The subject locus has 10,126 square feet of land (21 acres)and fronts on two different roads. It fronts on Sugarbush Lane 80.066 feet;and on Melbourne Road 77.621 feet. Additionally, there is a curve of 39,27 feet where Sugarbush Lane meets Melbourne Road. Both are approved ways. The address for the Lot is 148 .Melbourne Road. 2. The,history of the Lot 26 itself is relatively simple. James E. Kellett,Michael A. Costrino and Anthony N. Micelotti Trustees of the C.K,M. Realty Associates sold the Lot 1 f 01/07/2000 12:19 5087751945 PAGE 06 to Olinto A. Colace, Jr. by deed dated June 10, 1972 and recorded in Barnstable County Registry of Deeds at Book 1687,Page 125. On January 21, 1992, Olinto A. Colace, Jr. placed a mortgage on the property which is recorded at Book 7853,Page 89, This mortgage was eventually foreclosed and a foreclosure deed was issued to Luigi Colace and Antonia Colace, said deed was dated February 10, 1999, and recorded among the records of Barnstable County Registry of Deeds on March 2, 1999, Book 12097,'Page 175, A copy of these documents are attached for your records. Therefore, since June 10, 1972 Lot 26 (locus)has remained separate in ownership from the adjacent parcels. 3. The locus is bounded on the north by Sugarbush Lane and on the west by Melbourne Road. 4. On the south, the locus is bounded by Lot 25, The title history of Lot 25 is as follows: James E. Kellett,Michael A. Costrino and Anthony N. Micelotti Trustees of the C.K.M. Realty Associates deeded Lot 25 to Edmond R. Arcaro and Alba Arcaro, husband and wife, by deed June 10, 1972 and recorded at Barnstable County Registry of Deeds Book 1.687,Page 124. The Arcaro's continue to hold title to this property to this day. A copy of this document is attached for your reference. Therefore, since June 10, 1972 Lot 25 has remained in ownership separate from the subject Lot 26. 5. The easterly abutter of the locus,Lot 26, is Lot 16. The history of Lot 16 is as follows: James E, Kellett,Michael A. Costrino and Anthony N. Micelotti Trustees of the C.K.M. Realty Associates conveyed the Lot to Leon J: Jodice by deed dated May 8, 1971 and recorded in Barnstable County Registry of Deeds in Book 1513, Page 1191. Leon J. Jodice in turn conveyed Lot 16 to Christopher A. Taddeo and Janet E. Taddeo by deed ` dated January 12, 1972 and recorded at Book 1586,Page 274. Christopher A. Taddeo and Janet E. Taddeo conveyed Lot 16 to Bruce G.Baldwin and Donna M. Baldwin by deed dated February 27, 1997 and recorded on February 28, 1997 at Book 10628, Page 292, Bruce G. Baldwin and Donna M. Baldwin in turn conveyed Lot 16 to Anthony C. Collucci by deed dated November 13, 1998 and recorded at Book 11838,Page 216. Copies of these documents are attached for your reference. Since May 8, 1971, Lot 16 has remained in ownership separate from the subject Lot 26, Therefore Lot 26 has been held in ownership separate from adjoining lots since at least IL ne 10, 1972. 6, On February 28, 1985, by article One of the Town Meeting of the Town of Barnstable the minimum Lot site for the subject area was increased to 43,560 square feet. Based on the foregoing it is my opinion that under Section 4-4,2(1)Town of Barnstable Zoning Ordinance,this Lot was not held in common ownership with any adjoining land at the time of the zoning change which made it non-conforming, and had minimum bulk v requirements when the plan was endorsed and had 5,000 square feet of area and 50 feet of frontage and conformed to the existing zoning when legally created and was separately 2 01;07l2000 12:19 5087751945 PAuE 01 Law Office of JEFFERY JOHN$ON, ESQUIRE Center Place—Suite 4C 1550 Falmouth Road Centerville, MA 02632 Jeffery Johnson (508) 790-5776 telephone George W. Miller (508) 775-1945 facsimile DATE: aaC�c� FROM: Jeffery Johnson TO: �� .C2�r FAX: 790- � �3 0 / <�l�I.+vlit/S �i�4 ✓ ✓O.Q6___ _01— r✓ ✓1/ G � 3 TOTAL NO.OF PAGES INCLUDING THIS PAGE U IF YOU DO NOT RECEIVE ANY OF THESE PAGES,PLEASE CALL US AS SOON AS POSSIBLE, DIRECT LINE TO FAX MACHWE IS (508) 775-1945. n� i FAX OPERATOR ; 'I'iie documents transmitted by this facsimile message Jy contain confidential and/or privileged information,which is intended only for the use of the addressee named above. If you are not such addressee, any disclosure, photocopying, distribution, or use of such documents or information is Prohibited. It' you have received this facsimile message in error, please irnmediately notify us by telephone so thal we can arrange to retrieve such documents. Tiwnk you. LOT 26 1p0 00, - LOT 25 10,040 sq.ft. cp 0.23 ac. h 43.5' O a, o -�- �+ CONCRETE i FOUNDATION ' p TF = 45.5' 'L6 O b L93 A �� �s � .�3r, RCS LOT 24 JOB # 99-305 CERTIFIED PLO T PLAN LOCATION .158 MELBOURNE ROAD W. HYANNISPORT, MA SCALE : 1" = 20' DATE : APRIL 29, 2000 PREPARED FOR: REFERENCE LOT 26 PB 250 PG 143 ASSESSORS MAP 267 PARCEL 158 MAR OOD CORP. I HEREBY CERTIFY SHOWN ON THIS PLAN THAT ISTHE LOCATED ONR THE �tH OF MgJsgf GROUND AS SHOWN HEREON. o� /WNE H. M off OJALA y fox 500 30—M 9 No.26348 dow giaeering, inc. �F ECiST CIVM ENGINEERS 5 i o a 1 L LAND SURVEYORS t39 mom at - yam,outh, 'ma 02675 DATE REG. LAND SURV OR LEGEND ­.CESS COVER WITHIN 6" TO FIN. 6RADL ACCESS COVER 2" DOUBLE WASHED PEASTONi. EXISTING GAS LINE �WATERTIGHT) WITHIN 6" TO FIN. GRADE APPROXIMATE LOCATION ) u, EL.-44± 2% SLO(` OVER �-,Yl��!Fm OVER_0VER PRECAST T--'--'- EXISTING WATER LINE > - MINIMUM .75' OF CO TO BE LOCATED -RUN PIP COVER WATER SERVICE �P , LE,VEL wil H FOR FIRST IN f uI. I !N GRADE MAX. PROPOSED LOCATION PROPOSED 3 GALLON SEPTIC B\LL-49-4d- r _ 4& WATER SHUT OFF VALVE IAN K (H- __LO_)_ GAS j PROPOSED LOCATION LOC S IMMON POND BAFFLE EL.40.37 OVER 'WA TR TIGHT / 0 A 'RADI P_ L VEL �T 7PI 7IR _R X F_ ARB Q_4,9-71 GALLON SEPTIC AL H-1 JC� N( (H R AD CD PROPOSED SERVICES EL-40.17±/ : =j ECJ 34 TO BE LOCATED BY OTHERS CRUSHED STONE OR lvlQHANICAL DEPTH Of FLOW = 4' COMPACTION. (1! ..21) 2' PROPOSED GAS SERVICE REQUIRED TEE SIZES: EL-38.17± INLET DEPTH - 10" MIN, BELOW FLOW LINE PROPOSED WEST HYANNI PORT OUTLET DEPTH = 14" MIN. BELOW THE FLOW LINE -3/4" TO 1 1 /2" DOUPLE WA`i -7ED STONE-] GAS SHUT OFF VALVE 4' OF CL' ,7ON1_ ALONC 1H!_ SIDES (-!--Z SLOPE) I SLOPE) (_l__5 SLOPE) AND 3.5' OF STONE A! i-1E ENDS. PROPOSED PHONE SERVICE _2' 3' LEACHING --- FOUNDATION 10' -- SEPTIC TANK D' BOX f"ACIL I I Y PROPOSED ELECTRIC SERVICE LOCUS MAP SCALE 1" 1000' SYSTEM P R 0 F I L­,c�j PROPOSED CABLE T.V. SERVICE (NOT TO SCALE) ASSESSORS MAP 267, PARCEL 158, LOT 25 A EXISTING CONTOUR FLOODZONE: C, BARNSTABLE PANEL # 6 43 317 EXISTING SPOT GRADE _*3_ PROPOSED CONTOUR "ZONING DISTRICT: RB & WP THII EL.=31.9 TH2 EL.=31.9 FRONT: 20' BOTTOM OF TEST HOLES PROPOSED SPOT GRADE SIDE: 10' SEE rESI HOLE LOGS TH I REAR: 10' SOIL TEST HOLE *T0 BE CONFIRMED BY BUILDING COMMISSIONER SEE TEST HOLE LOG(S) 50/1 A8,S'0RPMW SYSIJ.'W I - _%(" 641_10V PRI-6A67 6WCRE7F ITA0WWO 6Y1AA&YfR NOTES: Wh-1 4' 6V- S%r(WF Al.6WG 7HE 5Y905; A NO a 5' (,Y- SIUVf A 7- 7HC 6NOS 1. THE LOCATION OF EXISTING UNDERGROUND UlILIlJES SHOWN ON THIS PLAN Iz APPROXIMATE. PRIOR TO ANY EXCAVATIO14 ON 11-11"' SITE, 'IHE EXCAVAIIN' 37.9 (D CONTRACTOR SHALL MAKE THE REQUIRED " HGJR NOTIFICATION 'TO DIG SAFE LOT 254 (1-888-344-7233) AND ANY OTHER UTILHILS WHICH MAY HAVE CABLE-, PIPE OR LQLJl.PM!l-NT ;N TIiE_C&jN'_TRU_C',i0t� AiRLA F0h__7Lft­IffCAIIUN uf L(jI_AIiutqS, \0,040 sq-ft. SEPTIC'-EPTIC WONK AND IVIATERIALS �TO CONFORM 10 310 CMR 1500 HILL b 0.23 ANDBANNSTA16LE HEALTH REGULATIONS. 43,7 tow. F VERFICA' DAIUM ISNu_VD. ELEVAIION A"UtiLl., FROM QUAD. psi 4. DESIGN LOADING I-Ok ALL PRECAST UNITS a. TO BE kASHro--mu. 41 b. THIS PLAN IS FOR PROPOSED WORK ONLY kkl) IS NOT To j BE USED FOR PROPERI'T' LINE STAKING. 7 ALL 1--i-PTiC PiPitil, ',61-4U-4" Pv": uliLL i4 b C(AJf'kltJL.NT . Nul IU Ut. 13Ak nfli,il-1) t,t, 1- "t LI Al C-) II'll-i"LLIloN bi buAhb uf HLALIH Afib THI PH.0e. 2 BR C)ECY, '0 '-1- FROM LJOARD 01 11CAlbi 2.0 42�F li MINIMUM PIPE Pilciri TO BE 1/6" tool 0 PERk DWELLING C) 10. PIPE JOINTS TO BE MADE WATERTIGHT 0 a� 11. YVATER [EST D-bOx FOR LEVELNESS. I ul. ..................... 2,6. 4-5.5' .9 DEPTH (in ) TH1 ELEVATION DEPTH (in.) TH2 ELEVATION 42..1 'I'D 0' -67-A-43.9 5 0 F 43.9 LOAM'VSAND 1 44.1 Ul LOAM AN 10 YR 3/2 10 v'R 3/2 4 CAR 43. 2, 6. UN UITARI F.43.4 6. N. UB 43.4 LOAMY SAND LOAMY SAND 'T� N 1.� NOT ALLOWED) 10 YR 5/8 5 TH2 N JADLL- N-YITAI/8 1-11 1 41.6 28" 41.6 _;�D/BR � 220 G/D 28' -SIGN LOW F MEDIUM SAND MEDIUM SAND 2.5 Y 7j6 2.5 Y 7 6 14-4. 20% G&CO 31.9 144'-20% G& 0 31.9 (2) P#: 9568 'OPOSED I. �A) GALLON SEPTIC TANK P#: 9568 BENCHMARK TOP SOIL CLASS: (SANDS, SANDS) SOIL CLASS: I (SANDS, LOAMY SANDS) OF CONIC. BOUND AREA: 2 x 2' x (12.83'+15.5') 113.32 SF PERC RATE: < 2 MPI (5 MPI DESIGN) PERC RATE: < 2 MPI (5 MPI DESIGN) PRESOAK: 11:29'00-11:36:30 (24 GAL. < 15 MIN.) PRESOAK: 11:45:00-11:52:00 (24 GAL. < 15 MIN.) EL= 44.59 43.\ P0110M AREA: 12.63' x 15.5' = 198.87 SF 9": Il:36:30 9": 11;52:00 (ASSMD HYA QUAD) 4 SIDE,:,., 1 13.32 SF BOTTOM PERC: AT 48" EL-39.9± BOTTOM PERC: AT 49" EL.39,8± 77 + BOTTOM: 198.87 NO MOTTLING OBSERVED NO MOTTLING OBSERVED NO WATER OBSERVED _,V (�AZLOW lTP;7C IAIVO( TOIAL� 3 1?.19 SF NO WATER OBSERVED 44.9 PROPOSED l.'APA(,'IT_Y: 312.19 SF x 0.74 C/D/SF = 231.02 G/D O.K. KEY DATE: 10/15/99 ENGINEER: MICHAELS. FARIA, SE G&CO: PERCENT GRAVEL & COBBLES (DOWN CAPE ENGINEERING) WITNESS: DONNA MIDRANDI 43. T So HOLE LOC S EXCAVATOR: BORTOLOTTI CONSTRUCTION NOT TO SCALE S 1"I'Ej PLAN SITE PLAN PART P A_(;fi()N eAA OF HARNSTABLE BOARD OF HEALTH 330 REGULATIONS SCALE: 1 "=20' REOUESr PERMISSION 10 ALLOW A 2-BEDROOM HOUSE IN A WP DISTRICT OF LAND IN off, 508-362-4541 ON !*HAN 2/3RDS 01' AN ACRE. tax 508-362-9880 TITLE 310 GIVIR 15.214(1) (UNDER 15.005. TRANSITION RULES); 1-0 ALLOW A 2 BRBEST HYANNISPORT , MA down cape engl'ijeering, inc. HCJUSE ON LEt-S THAN 2/3RDS ACRE IN WP DISTRICT (ZONE 11) PREPARED FOR TIM PEARSON C/O MARKWOOD CORP. CIVIL ENGINEERS LOCATED AT LOT 95 MELBOURNE ROAD 6NE E HYANNIS 03ALA LAND S'URVEYORS A 03ALA CIV L NL) 0. w 2 BOAR!) OP �L 9 SCALE: I "=')O' DATE: 10-27-99 939 main st. yartnouth, ma 02675 REVISf,D: PROPOSED CONTOUR *ZONING DISTRICT: RB & W11 4-1 PROPOSED SPOT GRADE BOTTOM OF TEST HOLES iIDE: 10' SEE TEST HOLE LOGS TH 1 REAR: 10' QSOIL TEST HOLE *TO BE CONFIRMED BY BUILDING COMMISSIONER SEE TEST HOLE LOG(S) W 7H 4' a-516WF At CW6 IHZ- _J_ 1. THE LOCATION OF EXISTING UNDERGROUND U11LITIES SHOWN ON THIS PLAN IS ANd IS' ar SfMC A 7 Mf FJVDS - ) �X)i APPROXIMATE. PRIOR TO ANY EXCAVATION ON THIS SITE, THE EXCAVATING oo o0 37.90 CONTRACTOR SHALL MAKE THE REQUIRED W HuJR NO11FICATION TO DIG SAFE Vit ILOT 25,1-5., (1-888-344-7233) AND ANY OTHER UTILITIE'S WHICH MAY HAVE CABLE. PIPE. OR EQUIPMENT IN THE CONSTRUCTION AREA FOR VERIFICATION OF LOCATIONS. 0,040 sq.Q 0 ALL SEPTIC WORK AND MATERIALS TO CONFORM 10 310 CMR 15.00 'TITLE 5 0 AND BARNSIABLE HEALTH REGULATIONS. F ^11 4. DESIGN LOADING FOR ALL PRECAST UNITS TO BE AASHTO QA PROPOSED WORK ONLY X1.0 IS 140T TO 41 BE USED FOR PROPERT'Y LINE STAKING. 11. WATER TEST D-bOX FOR LEVELNESS. F DEPTH (in.) TH1 ELEVATION DEPTH (in.) TH2 ELEVATION 0. LOAM AND LOAMY SAND CAR 41 IL AA 8 Lj LOAMY SAND LOAMY SAND (GARBAGE OISPI.)SEk rME MEDIUM SAND 20, USE(�PPL)POSED SOIL CLASS: I (SANDS, LOAMY SANDS) SOIL CLASS: I (SANDS, LOAMY SANDS) PERC RATE: < 2 MPI (5 MPI DESIGN) PERC RATE: < 2 MPI (5 MPI DESIGN) (ASSMD HYA QUAD) 0 44.1 SIDES: 113..�2 SF NO MOTTLING OQSERVED NO MOTTLING OBSERVED pftwo.VID r + 13.0_110M: 198.87 SF NO WATER OBSERVED NO WATER OBSERVED 44.9 PROPOSED CAPACITY: 312.19 SF x 0.74 G/D/SF = 231.02 G/D O.K. FKE-Y-T- ENGINEER: MICHAEL S. FARIA, SE F F 7. G&CO: PERCENT GRAVEL & COBBLES (DOYVN CAPE ENGINEERING) WITNESS: DONNA MIORANDI TEST HOLE LOGS EXCAVATOR: BORTOLOFT1 CONSTRUCTION 4_3N NOT TO SCALE STTEPLAN HEALTH 330 REGULATIONS SITE PLAN REOLIF'sT PERMISSION TO ALLOW A 2-BEDROOM HOUSE IN A WP DISTRICT OF' LAND IN tax 508--362-9880 TITLE 310 CMR 15.214(l) (UNDER 15.005, TRANSITION RULES): TO ALLOW A 2 EIR WEST HYANNISPORT , MA HOUSE ON LESS THAN 2/-iRDS ACRE IN WP DISTRICT (ZONE 11) PREPARED FOR TIM PEARSON down cape engineering, inc. C/O MARKWOOD CORI). LOCATED AT LOT 235 MELBOURNE ROAD CIVIL EINGINEERS LAND SURVEYORS Az )d I :v BOARD OF' IJEA REVISED. 2" ~ 2. 40 .0 Feet ----------- ' -``' ' �v"`' `. � ( ----' - ---- -- ' ------ ----- - --'-- - - - - - - - --' -- --- '---- ---'-- -'-