HomeMy WebLinkAboutCorrespondence - Barbara Thornton1
Ziino, Genevey
From:Thornton, Barbara <bat31@cumc.columbia.edu>
Sent:Friday, December 1, 2023 1:20 PM
To:McLaughlin, Charles; Quirk, Ann
Cc:matthewlevesque02648@gmail.com; Precinct11clark@gmail.com;
paulabarnstable@gmail.com; Karle, Darcy; Cavanaugh, Kimberly; Ziino, Genevey
Subject:Re: Judgment issued October 21, 2022 clarifying Land Court plan 17933 deeded rights;
area marked Bathing Beach
Attachments:[A] 230420, bat to McLauhlin et al, Judgment issued clarifying Land Court plan 17933
rights.pdf; [B] JUDGMENT , October 21, 2022, Land Court plan 17933.pdf; [C] 180530,
McLaughlin, response to bat 171025 complaint, abuses plan 17933 area marked
Bathing Beach .pdf; [D] 171025 BAT complaint to ConCom SE3-5398 copy.pdf
To: Charles.McLaughlin@town.barnstable.ma.us,
ann.quirk@town.barnstable.ma.us
Cc: matthewlevesque02648@gmail.com,
Precinct11clark@gmail.com,
paulabarnstable@gmail.com,
Darcy Karle <darcy.karle@town.barnstable.ma.us>,
Kimberly Cavanaugh <kimberly.cavanaugh@town.barnstable.ma.us> (for ConCom All members)
Genna Ziino <genevey.ziino@town.barnstable.ma.us> (for Zoning Board of Appeals, All members)
December 01, 2023
Re: Judgment issued October 21, 2022 clarifying Land Court plan 17933 deeded rights; area marked “Bathing Beach”
Dear Attorney McLaughlin:
It is over seven months since, on April 20, 2023, I emailed you. [see A]
My email was in regard to the Land Court plan 17933 Judgment dated October 21, 2022, attached copy [see B],
This email also pointed out the areas where the Land Court issued plan 17933 Judgment is in conflict with your May 30,
2018 reply letter [see C]
A response to my April 20, 2023 email has not been received.
=
2
To refresh your memory, I am including my October 25, 2017 letter regarding abuses of land ownership defined in Land
Court plan 17933, area marked “Bathing Beach” [see D].
To this date I have been patiently awaiting your reply to my April 20, 2023 email.
Very truly yours,
Barbara Thornton
From: Barbara Thornton <bat31@cumc.columbia.edu>
Subject: Judgment issued clarifying Land Court plan 17933 deeded rights; area marked “Bathing
Beach”
Date: April 20, 2023 at 1:54:27 PM EDT
To: Charles.McLaughlin@town.barnstable.ma.us, ann.quirk@town.barnstable.ma.us
Cc: matthewlevesque02648@gmail.com, Precinct11clark@gmail.com,
genevey.ziino@town.barnstable.ma.us, paulabarnstable@gmail.com, Darcy Karle
<darcy.karle@town.barnstable.ma.us>, Kimberly Cavanaugh
<kimberly.cavanaugh@town.barnstable.ma.us>
April 20, 2023
Re: Judgment issued clarifying Land Court plan 17933 deeded rights; area marked
“Bathing Beach”
Dear Attorney McLaughlin:
Assistant Town Attorney Charles S. McLaughlin (McLaughlin) issued to Barbara
Thornton (Thornton) a May 30, 2018 letter via the Conservation Department. [see A]
This was in response to Barbara Thornton’s October 25, 2017 letter which addressed
abuses of land ownership in Land Court plan 17933, area marked “Bathing Beach”.
= = =
The Massachusetts Land Court issued an October 25, 2022 judgment, a decision for
interference of Land Court plan 17933 deeded easement rights. [B]
The judgment Ordered and Adjudged that a manicured lawn and construction on the
plan 17933-H, Lot 202, a portion of area marked “Bathing Beach” constitutes
trespass against the plaintiffs’ easement rights. [see B1]
Barbara Thornton therefore did not “implicate” the deeded rights as you (McLaughlin)
stated in paragraph #3 of the May 30, 2018 reply. [see A1]
Rather, Thornton correctly stated the confirmed, legal deeded rights contained in the
Land Court issued 1946 Decree of Registration of plan 17933, document 19184,
recorded in the Barnstable Registry of Deeds and noted in the plaintiff’s deeds as
determined by the Land Court judgment. [see B1]
= = =
The Land Court Judgment also casts light on the inaccuracy of other May 30, 2018
reply comments.
= = =
McLaughlin paragraph #2 states, … There are several answers to this question. The
most determinative came from the Building Commissioner. First, the Baxter and Nye
plan showed there to be 12,773 square feet of upland…. [see A2]
The Baxter and Nye plan is for… Project Title: 133 Sunset Lane…, and further states
the plan is drawn from, … LOTS 43 & 44 – LCPL 17933-A, and … LOT 205 – LCPL
17933-H…
Land Court plan 17933-H, Lot 205 is a partition of the area marked “Bathing Beach”.
[see C1] The Judgment confirms this area is protected by deeded rights. [see B1]
Land Court plan 17933-A, Lots 43 & 44 are unburdened, and can be built upon. [see
D]
The lots have a combined measurement of one-hundred feet depth; and one-
hundred feet width or a lot area of 10,000 square feet. [see D]
= = =
The 133 Sunset Lane quitclaim deed granted to 133 SUNSET LN ACQUISITION
LIMITED verifies the 10,000 square feet size of combined lots #43 and #44. [see E]
= = =
McLaughlin paragraph #5 states, …LLC Registration in Massachusetts. The matter
was resolved by a filing with the Secretary of State’s office in December 2017. [see
A3]
This filing was to register with the Massachusetts Division of Corporations a Foreign
British Virgin Islands company, 133 SUNSET LN ACQUISITION LIMITED [BVI]. [see F]
What McLaughlin omitted was that prior to December 11, 2017, the effective date
that company name 133 SUNSET LN ACQUISITION LIMITED was registered in
Massachusetts:
*It purchased 133 Sunset Lane October 19, 2016, or fourteen-months previous to
registration. [see E1]
*It obtained the Building Department building permit B-17-711, March 17, 2017 or
nine-months previous to registration. [see G]
The illegal Massachusetts company name 133 SUNSET LN ACQUISITION LIMITED was
able to transact all its business in Barnstable Town without being a registered
Massachusetts company.
portion
= = =
The reason the illegal Massachusetts company 133 SUNSET LN ACQUISITION LIMITED
finally was coerced into registering as a Massachusetts company was that on
November 03, 2017 Land Court Judge Long was notified that the Plaintiff in case 17-
MISC-000555, 133SUNSET LN ACQUISITION LIMITED was not a registered
Massachusetts company. [see H]
11/03/2017 Defendants' Motion to Dismiss the Plaintiff's Complaint for Failure to Register as a Foreign Company
doing business in Massachusetts and pursuant to Mass.R. Civ.P. 12(B)(7) filed.[see I]
The Land Court case was adjourned for three months until the unknown entity 133
SUNSET LN ACQUISITION LIMITED obtained a Massachusetts Certificate of
Registration for approval by the Secretary of the Commonwealth.
Case 17-MISC-000555 is also based on Land Court plan 17933, area marked “Bathing
Beach” , Initiating Action: EQA - Equitable Action Involving Any Right, Title or Interest in Land, G.L. Chapter 185,
§ 1 (k)
February 28, 2019, case 17-MISC-000555 was dismissed by Stipulation with prejudice
by plaintiff 133 SUNSET LN ACQUISITION LIMITED. [see I2]
= = =
APRIL 5, 2021, John W. Kenney, Resigned as Registered Agent for 133 SUNSET LN
ACQUISITION LIMITED [MA] while also resigning from fourteen other Mark S. Scott
controlled Massachusetts companies. [see J1]
These John W. Kenney resignations were due to Mark S. Scott being convicted in
Manhattan, Southern District New York of Money Laundering and Bank Fraud in
connection with $400 million OneCoin fraud proceeds. [see J2]
A replacement Registered Agent John W. Kenney was never recorded for 133
SUNSET LN ACQUISITION LIMITED [MA].
… Section 5.01. REGISTERED OFFICE AND REGISTERED AGENT Each corporation shall continuously maintain in the
commonwealth:
… (2)a registered agent who may be any of the following individuals or entities whose business office is also the
registered office of the corporation: …[see J3]
December 31, 2021 the 133 SUNSET LN ACQUISITION LIMITED company status in
Massachusetts was revoked by the Secretary of Commonwealth. [see J4]
for
Therefore 133 SUNSET LN ACQUISITION LIMITED has not existed as a Massachusetts
entity for sixteen months.
= = =
McLaughlin paragraph #6 states, Certificate of Compliance, The Order of Conditions
issued by the Commission occurred June 2017. It will expire two years from that date
in June 2019.
A request for Certificate of Compliance must be filed before then. [see A4]
This Certificate of Compliance pertains to WPA Form 5 - permit SE3-5398, issued by
Barnstable Conservation Department, Massachusetts Wetlands Protection Act
M.G.L... c. 131, s. 40.
133 SUNSET LN ACQUISITION LIMITED has never filed a request for a Certificate of
Compliance. [see K]
= = =
133 SUNSET LN ACQUISITION LIMITED retained surveyor Baxter and Nye.
Baxter and Nye stated on the 133 Sunset Lane site plans that L.C. plan 17933-H was
reviewed. [see L]
Land Court plan 17933-H [see C] references certificate of title 8594. [see C2]
Certificate of title 8594 is also known as document 19184, the Land Court 1946
Decree of Registration for Land Court plan 17933-A which includes the area marked
“Bathing Beach” deeded rights. [see M]
Stephen A. Wilson P.E. Surveyor, Baxter and Nye, is listed as representative on 133
Sunset Lane, WPA Form 3 -Notice of Intent for permit SE3-5398. [see N]
Stephen A. Wilson P.E. Surveyor, Baxter and Nye, presented for 133 Sunset Lane
before the June 21, 2016, 4:30 pm Notice of Intent Agenda, Conservation
Commission hearing. [see O]
= = =
Stephen A. Wilson P.E. Surveyor; Baxter and Nye; and 133 SUNSET LN ACQUISITION
LIMITED were all aware of the Land Court plan 17933 deeded easement rights.
epa
Yet it seems they all chose to not divulge the plan 17933 deeded appurtenant and
easement rights to the Conservation Department, Conservation Commission,
Massachusetts EPA, Old King’s Highway Commission, Barnstable Building
Department, Zoning Appeals Board and others as pursuant Land Court has prepared
a Manual of Instructions for surveyors.
The Land Court has prepared a Manual of Instructions for surveyors and the
preparation of plans. [see P]
The Surveyor and the Plaintiff’s Attorney Communication between the plaintiff’s attorney and the surveyor is
critical to an effective and accurate presentation of a case for registration orconfirmation. The plaintiff’s attorney
needs information that the surveyor hasin order to complete the complaint for registration, e.g., a description of
the land, whether it bounds on a public or private way, whether easements or other appurtenant rights are claimed
and other similar matters.
Duty of the Land Surveyor: …Although paid by a private client, usually the plaintiff, the surveyor who undertakes
the preparation of a plan for the Land Court owes his primary obligationto the Court; his certification is made to
the Court, and it is the Court’s instruction that must be followed.
In the case of Land Court plan 17933, Stephen A. Wilson P.E. Surveyor; Baxter and
Nye; and 133 SUNSET LN ACQUISITION LIMITED actual primary obligation was
obviously not to the Barnstable Town Departments or Committees.
= = =
The Land Court issued an October 25, 2022 judgment for defendant’s interference of
Land Court plan 17933 deeded easement rights.
Stephen A. Wilson P.E., Surveyor; Baxter and Nye; and 133 SUNSET LN ACQUISITION
LIMITED were all aware of the Land Court plan 17933 deeded easement rights.
The Land Court judgment decision therefore indicates they knowingly submitted
false information and/or chose to not divulge the deeded rights to the Conservation
Department, the Conservation Commission, and the Zoning Board of Appeals.
What actions will the Land Court judgment prompt the Barnstable Town Legal
Department to undertake to rectify the street address 133 Sunset Lane’s Zoning
Board of Appeals Variance decision No. 2016-027; and Conservation Commission
decision for permit SE3-5398?
Both decisions continue to be listed Barnstable Registry of Deeds without a discharge
filing, certificate of title, 208856.
Very truly yours,
Barbara Thornton
Attachments A – P (being sent in three separate emails for size purposes)
To: Ann Quirk, Town Clerk
cc: Matthew P. Levesque, President, Town Council,
cc: Kristine Clark, Town Councilor, Liasion Zoning Board of Appeals
cc: Jake Dewey, Chair Zoning Board of Appeals, c/o Genna Ziino, Administrative
Assistant
cc: Paula K. Schnepp, Town Councilor, Liasion Conservation Commission
cc: Darcy Karle, Administrator Conservation Commission
cc: F. P. Tom Lee, Chair Conservation Commission, c/o Kimberly Cavanaugh ,Staff
cc: Massachusetts Department of Environmental Protection
To: Town of Barnstable Conservation Department
cc: Massachusetts Department of Environmental Protection
cc: Town of Barnstable, Zoning Board of Appeals
cc: Barnstable Police Department
Re: Mass DEP File #: 003-5398
133 Sunset Lane, Barnstable, MA
October 25, 2017
Dear Sir/Madam,
I would like to make you aware of several matters causing great concern in the
Millway neighborhood of Barnstable, MA and request that action be taken to correct
abuses of land ownership and interest in the area.
First
The address 133 Sunset Lane, Barnstable is comprised of Lots 43 and 44 as shown
on Land Registration Office, Plan of Land in Barnstable No. 17933-A, dated August
1939 and filed in the Land Registration Office at Boston, a copy of a portion of which
is filed in Barnstable County Registry of Deeds. [exhibit A]
The Plan of Land in Barnstable, 17933-A, dated August 1939 also describes “Bathing
Beach” as running 1,542.99 feet Northwesterly and Northerly by Barnstable Harbor.
The “Bathing Beach” is the Northerly boundary for all the lots facing Barnstable
Harbor along Sunset Lane. These lots are all 100 feet deep.
The Plan of Land in Barnstable, 17933-A, dated August 1939 also describes five
Rights of Way; three of these Ways are for direct access to the “Bathing Beach” from
Sunset Lane.
The “Bathing Beach” and Way’s are described with Certificate of Title No. 8594 filed
in the Barnstable County Registry of Deeds.
Certificate of Title No. 8594 states, “There is appurtenant to the land hereby
registered the right to use the private ways shown on said plan, and the right to use
said “Bathing Beach” in common with others entitled thereto.”
As stated in the Richard B. Zelman Quitclaim Deed to 133 SUNSET LN ACQUISITION
LIMITED, a company existing under the laws of the British Virgin Islands, lots 43
and 44 are bounded and described in part as follows:
“Northwesterly by “Bathing Beach”, One Hundred (100) feet; …
Southwesterly by a Way, One Hundred (100) feet. “
“Said premises are shown as LOTS 43 and 44 on Land Court Plan No. 17933A…with
Certificate of Title No. 8594.“
[exhibit B]
Original Certificate of Title No. 8594, dated November 29, 1946 states, “So much of
the land hereby registered as is included within the area marked “Bathing Beach”,
on said plan, is subject to the rights of all persons lawfully entitled thereto in and
over the same.” [exhibit C]
Conservation Notice of Intent (NOI) requires notice to “property owners within 100
feet of the perimeter of the subject parcel upon which work is proposed.”
Six abutter names were attached to the NOI for Mass DEP File #:003-5398.
Similarly, the Zoning Board of Appeals Abutter list states, “Parties of interest are
those directly opposite subject lot on any public or private street or way and
abutters to abutters. Notification of all properties within 300 feet ring of the subject
lot.”
It is possible that the vast majority of property owners with standing to be
considered within 100 and/or 300 feet of the perimeter of 133 Sunset Lane were
never notified of the Conservation Notice of Intent for Mass DEP File #:003-5398 or
the Town of Barnstable Zoning Board of Appeals hearing for lots 43 and 44 basis the
following:
There are 179 plots listed on Land Registration Office Map 17933-A of which most,
if not all, have the same “Bathing Beach” and Way rights as listed on the Transfer
Certification of Title from Richard B. Zelman to 133 SUNSET LN ACQUISITION
LIMITED dated February 29, 2016, Ctf. No. 208856 stated as:
“There is appurtenant to Lots 43 and 44 a right to use the private ways shown on
said plan and a right to use said “Bathing Beach” in common with others entitled
thereto.” [exhibit D]
This implies the owners of the179 lots reflected on Map 17933-A have common
interest in the deeded “Bathing Beach” and Way and can be considered abutters to
lots 43, 44 and 205. In that case, they should have been, but were not, notified of the
Conservation Notice of Intent for Mass DEP File #:003-5398. They certainly have a
vested interest in such proceedings.
Richard B. Zelman Quitclaim Deed [exhibit B] dated October 24, 2016 to 133
SUNSET LN ACQUISITION LIMITED also mentions Lot 205.
Lot 205 lies wholly within the area titled “Bathing Beach” on Map 17933-A dated
August 1939. [exhibit A]
Lot 205 is listed on Land Registration Office, Subdivision Plan Of Land In Barnstable,
Map 17933-H that was created June 18, 1973. [exhibit E]
Lot 205, Transfer Certificate of Title No. 59534, dated August 6, 1973 [exhibit F]
states, “Said land is subject to the rights as set forth in Certificate of Title No.
10740…” [exhibit G]
Certificate of Title No. 10740 states, “So much of the land herein registered as is
included within the area marked “Bathing Beach”, on said plan, is subject to the
rights of all persons lawfully entitled thereto in and over the same.”
Based on the above facts the Mass DEP File #:003-5398 permit should be
terminated at the soonest possible time without a Certificate of Compliance
being issued and no further construction or land grading take place near or on
the Bathing Beach on Barnstable Harbor.
Second
133 SUNSET LN ACQUISITION LIMITED lots 43 and 44 combined contain 10,000
square feet (100 feet x 100 feet).
With the garage addition completed in 2017 the structure currently has lot coverage
of 2,658 square feet and therefore covers 26.58% of the 10,000 square feet
represented by Lots 43 and 44.
This by far exceeds the 20.81% lot maximum allowed coverage the Zoning Board of
Appeals was seemingly duped into approving due to the applicant’s sleight of hand
in their Zoning presentation.
133 SUNSET LN ACQUISITION LIMITED presented an additional parcel of land, lot
205, as part of the total land to be used, in addition to lots 43 and 44, as the basis
upon which to calculate lot coverage for any construction and landscaping.
133 SUNSET LN ACQUISITION LIMITED did not reveal to the Zoning Board of
Appeals that, per the Transfer Certificate of Title [exhibit F] “Said Lot 205 is subject
to the rights as set forth in Certificate of Title No. 10740…”.
Said Transfer Certificate of Title No. 10740 [exhibit G] states:
“So much of the land herein registered as is included within the area marked
“Bathing Beach”, on said plan, is subject to the rights of all persons lawfully entitled
thereto in and over the same.”
Also, “So much of the land herein registered as is included within the limits of
Bayview Road and the ways shown on said plan is subject to the rights of all persons
lawfully entitled thereto in and over the same.”
Also, “There is appurtenant to the land herein registered the right to use the
private ways shown on said plan and the right to use said “Bathing Beach” in
common with others entitled thereto.”
The above indicates that applicant included land (Lot 205) that could not be
built on or developed to assume a larger footprint basis for development than
could be justified for the buildable lots of 43 and 44. This reinforces the
request that Mass DEP File #:003-5398 be cancelled at once without
consideration of receiving a Certificate of Compliance and to stop any future
damage to the “Bathing Beach” and Ways.
Third
The Massachusetts Department of Environmental Protection, WPA Form 5-Order of
Conditions in Item 8., Site Plan lists a Stephen A. Wilson, P.E. map dated May 31,
2016.
A Baxter Nye Engineering July 7, 2016 letter to the Barnstable Conservation
Commission titled SE 3-5398, Revised Plan Request, Richard Zelman, 133 Sunset
Lane states, “3. If a revised site plan is being submitted, what is its revision date?
7/6/2016.”
A plan dated July 6, 2016 and prepared by Stephen Allyn Wilson P.E [exhibit H], was
included as, “revised site plan” for Mass DEP File #:003-5398.
This map indicates that a fence was proposed to be installed on the Barnstable
Harbor side of 133 SUNSET LN ACQUISITION LIMITED PROPERTY.
This fence as illustrated is at least 25 feet beyond the property wholly owned by 133
SUNSET LN ACQUISITION LIMITED without obligation to the deeded “Bathing
Beach” rights of many other property owners and trespasses at least 25 feet onto
the property labeled “Bathing Beach” on Land court plan No. 17933-A, dated August
1939 and to which the other owners have deeded rights of access and use.
The July 6, 2016 Wetlands Permit Plan confirms this fact by referencing a
Benchmark at CB/DH FND fifty feet to the east of the Northeast corner of Lot 44
[exhibit H].
This is the same Benchmark shown on Land Registration Office plan No. 17933-H,
also fifty feet to the east of the Northeast corner of Lot 44. [exhibit E]
This marks a 100 foot lot depth for all the Lots north of a Way which is now known
as Sunset Lane, with a heading of 240” 50’ 54’ for 987.66 feet as depicted on Land
Registration Office plan 17933-A dated August 1939 including Lots 43 and 44
[exhibit A].
The Stephen Allyn Wilson P.E. July 6, 2016 Wetlands Permit Plan includes an
east/west dashed line bisecting the Benchmark CB/DH FND that is the property line
between Lots 43 and 44; and the deeded “Bathing Beach”.
This east/west dashed property line for 133 Sunset Lane is explicitly depicted in
greater detail including measurements on a separate Stephen Allyn Wilson P.E. April
27, 2012 Wetlands Permit Plan, D.E.P. File #SE 3-5007 prepared for Jeff Cook.
This exact plan was also submitted to Barnstable Conservation and time stamped
“Received, Feb. 17 2016, GROWTH MANAGEMENT” for Richard Zelman. [exhibit I]
The Bathing Beach property has been retained in a natural beach state since Land
Court Plan No. 17933-A dated August 1939 was filed in the Land Registration Office
at Boston.
Now, not only has a fence preventing unfettered access been erected on property
that “Bathing Beach” rights holders have deeded access to, but a significant amount
of natural beach grasses and shrubs have been removed by the 133 Sunset Lane
home up to and beyond this fence and replaced with manicured lawn as should be
deemed illegal under the Quitclaim Deed.
This fence should be removed from all “Bathing Beach” property, the violated
“Bathing Beach” property grading and plantings be restored to their original
state as of August 1939 and any damaged Ways be restored to their original
state as of August 1939.
Fourth
A larger, hard surface paver driveway was installed at a steeper grade when
replacing the smaller area of porous crushed shell driveway when the garage for
133 Sunset Lane was modified in 2017.
The increase in the square footage of the driveway, the grading at a much more
severe angle, the use of non-porous pavers instead of crushed seashells and the
increased area of the roof of the new, enlarged garage has caused a much greater
amount of water runoff. This is causing flooding of the Ways directly in front of and
to the side of 133 Sunset Lane.
- This flooding condition is damaging the Land Registration Office Deeded Way
between lot 43 and lot 42.
- The flooding also causes a periodic water hazard at the intersection of 2nd Way and
Sunset Lane.
- The overflow of water is now beyond the capacity of the pre-existing Town storm
drain [exhibit H] located on town property near the front south-west corner of 133
Sunset Lane and directly in front of the Way, which previously was sufficient to
handle the area’s water runoff.
- The force of the flood water into the Town storm drain and though the Town
drainage pipe towards Barnstable Harbor is now eroding the upland portion of the
“Bathing Beach” and deeded Way.
This ongoing water damage caused by the construction project listed as
Barnstable Town Building Permit B-17-711, dated March 17, 2017 and
depicted on Stephen A. Wilson P.E. maps dated July 6, 2016 should be
corrected immediately as pursuant to WPA Form 5-Order of Conditions,
Notice of Stormwater Control and Maintenance Requirements.
All Way and “Bathing Beach” property should be returned to its natural and
sustainable state as reflected on Land Court Plan No. 17933-A, dated August
1939 and filed in the Land Registration Office at Boston pursuant to General
Conditions Under Massachusetts Wetlands Protection Act and MassDEP File
#:003-5398, Special Conditions of Approval, I. Preface.
Fifth
133 SUNSET LN ACQUISITION LIMITED is not authorized by the Commonwealth of
Massachusetts to do business and, possibly, own property in Massachusetts.
Pursuant to the Secretary of The Commonwealth of Massachusetts, Foreign Limited
Liability Company Information. [exhibit J]
https://www.sec.state.ma.us/cor/corpweb/corfllc/fllcinf.htm):
“…Pursuant to M.G.L. Chapter 156C, §48, a foreign limited liability company doing
business in the Commonwealth must submit to the Corporations Division within ten
days after it commences doing business in the Commonwealth, an application for
registration as a foreign limited liability company.”
As of September 12, 2017, per an email from Barry Cooley of the Office of the
Secretary of the Commonwealth of Massachusetts, there is no record of 133 SUNSET
LN ACQUISITION LIMITED in Massachusetts:
Barry Cooley
Corporate Document Examiner
Secretary of the Commonwealth of MA
1 Ashburton Place, 17th Floor
Boston, MA 02108-1512
http://www.sec.state.ma.us/cor/coridx.htm
“The entity 133 Sunset Ln Acquisition Limited, is not on file within the Corporations
division. There is no record of a registration attempt with this office on file.”
[exhibit K]
Because 133 SUNSET LN ACQUISITION LIMITED never filed with the state of
Massachusetts, the information that is required by Massachusetts for a foreign
company registration [exhibit L] is not available and there is no confirmation of the
company’s existence or particulars being received from the British Virgin Islands
governmental office which would include a listing of anyone having been named or
authorized to execute, acknowledge, deliver and/or record any recordable
instrument purporting to affect an interest in the 133 SUNSET LN ACQUISITION
LIMITED real property.
Many, but not all, of the documents filed for construction and landscaping at 133
Sunset Lane were filed under the name Mark Scott who, at this time, seems to have
no standing as an authorized representative of the foreign company, which has no
official standing with the Secretary of the Commonwealth of Massachusetts.
Due to the non-registration of this foreign company there should be doubt
attached to the legitimacy of all documents being filed either by this
purported company 133 SUNSET LN ACQUISITION LIMITED or the person
named Mark Scott with various Town of Barnstable departments and any
filings made pertinent to the 133 Sunset Lane, Barnstable property since its
date of sale on October 24, 2016.
Sixth
Mass DEP File #:003-5398 should be cancelled at once without consideration of
receiving a Certificate of Compliance. This is based upon the following:
All work items requested in the July 27, 2016 Zoning Board of Appeals Decision and
Notice have been completed by early-summer 2017.
The Town of Barnstable Building Permit No. B-17-711 has expired September 17,
2017.
All work items requested on the July 6, 2016 Wetlands Permit Plan by Stephen A.
Wilson, P.E. have been completed by early-summer 2017.
The Massachusetts Department of Environmental Protection, SE3-5398, Special
Conditions of Approval, IV. States:
“After all work is completed, the following conditions must be promptly met:
… 19. At the completion of work, or by the expiration of this Order, the applicant
shall request in writing a Certificate of Compliance for the work herein permitted.”
Due to all work being completed and various violations including those listed
above as First through Fifth, there seems to be sufficient cause that Mass DEP
File #:003-5398 be cancelled at once without consideration of receiving a
Certificate of Compliance and to stop any future damage to the deeded
“Bathing Beach” and Ways.
Respectfully,
Barbara Thornton
PO Box 76
Barnstable, MA 02630
Attachments: exhibits A to L
CERTIFIED MAIL
7017 0660 0000 9061 3215 To: Town of Barnstable Conservation Department
7017 0660 0000 9061 3222 cc: Massachusetts Department of Environmental
Protection
7017 0660 0000 9061 3239 cc: Town of Barnstable, Zoning Board of Appeals
7017 0660 0000 9061 3246 cc: Barnstable Police Department