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HomeMy WebLinkAboutLot Inquiry Response TOWN OF YARMOUTH // = .4c05 BUILDING DEPARTMENT 1146 Route 28, South Yarmouth, MA 02664 is�—�yy �`� MATTACM £j 508-398-2231 ext. 1261 Fax 508-398-0836 June 13, 2018 Mr. Bruce Rosewarne 139 Damon Road Suite B5 Taunton, MA 01060 Re: 32 Swan Lake Road Parcel 96 Dear Mr. Rosewarne: Please be advised that I have reviewed the deeds you provided me via email on May 23, 2018. These deeds date from the 1940's-2010. Each make reference to the parcel in question as"recreation ground, so-called". However, a July 10, 2010 deed relates to Lot 8, created via an Approval Not Required Under the Subdivision Control Law Plan Dated November 2, 1966. I'm not sure how this particular deed correlates to the 32 Swan Lake Road parcel. In addition I noticed that in our records,the former Town Surveyor noted on a copy of the 1926 plan, a book and page recording reference for the "Recreation Ground"parcel. In checking the Registry of Deeds records on line,I find that a deed was filed on June 16, 1987. That deed states"certain parcel of land marked Recreation Ground,so-called", making reference to-the 1926 plan. In any event,in the final analysis,because the 1926 Plan depicts the parcel as"Recreation Ground"and all deeds referenced herein, also make the same reference, with no lot number, it is the finding of this department that the 32 Swan Lake Road parcel was not intended to be a building lot,but rather set-aside for recreational purposes only. In addition, an adjoining parcel is identified as "Reserved for Camp", remains undeveloped. Accordingly, the parcel at 32 Swan Lake Road, shown on Assessors Map 48 as Parcel 86, does not qualify as a house lot. Ve truly, Citetn1-47 /3-::1-7'' tames D. Brandolini, Deputy Building Commissioner cc: Kathy Williams, Town Planner • 567 11501 ALL mEn n Te.tsrrnEF:TTS0 That the .TOliti :?L'T011SY & SOP CO., a business corporation 5 i duly organized and established under the laws of the Camnonwcelth of Yasaachu*etts and havinT an usual place of business In Yermouty (Yarmouth,,rt), larn!atable County, Massachusetts, for conete4er i;.Sorg paid, grants unto 1E0BO: P. COBB, of ".arnetable (Fpann_s), in said County and Commonamalth, with 41Criliall weir Gams, t*.ot certain pernel of land, to;ether ../Lth the community building 1 odated thereon, situated in that part of the Town of Yarmouth, S Barnstable County, "asea.chuc etts, 11nc•wn as -,st Y ar r; th sn d C cor.,priatn^ Lots Twenty-Seven (271, Tvrent1-Eight ''bra) and Twenty- { rine (29), the "recreation ground", so-ca:.le d,,aend the "resorve!" Iparcel, so-called, all as sl-o.;-n and delineated an a ^inn entitled "Plan Showing Swan Lni-e X'ores, '.est Yer.`-o'zth, "rzs., tior ';wan Lake "harm Trust, Donald T. Fenton, Trustee, ye' ,o,d, 'Engineers, kale 1 le. • 1-00 ft., December 1 1 ", wl,?.rh tire duly final it the Pm-istr;,' of ,:cods "o,. 'rr•-,t^'7,1^_ i.- n r.rt Roo_ 1, ..c e 60, said. tierce' as a whele S:.ein!r mo.e part;culer1' bounded and described as follo:is, v iz:- '?erin•.inn at the !'ert'r,easterlr corner _. that granted parcel at t?..a _nterso't'-oe of 1.Ltslo"r ircy Road and Circuit =''.god, sr.-ca110+., at ;^";r! en se'd • plan; thence runr•'nrj :outher1•• elan;- tne -ter', side line of Circuit :'oad for distances ofr''cut two hundred thirty-five (235) _feet to n noLnt; thence tUrnin- and r•1rr••117 about . ?th by Southeast, still alcnr the -•o,•th+er i. s 1de lire of Circuit Road for a distance of f:fty (SO) feet, more or less, to a ?creel r'es`.nated Es ? .rezone for camp), as ahorrn on said elan thence turn'_nc and runnier abort South "y Southwest ale^ the ''ester;, side l'..ne of sr'.•i. :stir:"' desiTnated as A on said linen, for r d'sten"e of ern hundred ftft'- 0.501 _feet, more or less, to the ;nt_rs of Swan :.a're; thence runnin.r !.rn a generally .•'eatcrly flirectton by the raters of said Swan Lal•e to the Tort ensterly side line of lot 'neteen (19), at s^own on cell plan; thence turnip;; and. running `erthr.e tern;• aionr* the t(ortheastorly aide line or said tat +neteen 1v) for a distance of al;rut ene hundred tea 1 0) _fret, more or less, to the Southeasterly sit line of Lot 'twenty (20), as shown an said plan; thence tur:nin- and rur.nina; 'tortheast rl: alone the southeasterly side line of Lots Twenty (20), Twenty-One (21) And Twenty-Two (22), for a distance of one hundred fifty-four (150 feat, -ore or leas, to Lot Twenty-Three (2 ); thence turning an4 rennin.& in a generally r +567 Easterly directionalong the Southerly aide line of Lots 'Twenty-Three (23) and Twenty-Four (24), as shaven on said plan, for a diatanoe of one hundred twenty- rass four 024) feet, more or leas, to the Westerly aide line of the recreation ground, so-called, representing the Southeasterly corner of Lot Twenty-Four (24); thence turning and running about North by Northwest along the Easterly aide line of Lot Twenty- Pour (24), eta shawl on said plan, for a distance of one hundred seventy-eight end 65/100 (1713.85) feet, more or leas, to the Southerly side line of said t'inslow Gray Road; and, thence turning and rt ning about East by Northeast along the Southerly aide line of said Winslow fray Road for a distance of two hundred twenty (220) feet, more or less, to the first mentioned bound and the point of beginting. !or title, reference is made to a deed to the said John Hinekiey e• Son Co. from Kenneth A. Harvey, Trustee, dated August 29th, 192E1 and recorded in the Registry of Deeds for earnetable County in took 458, Page 406; end to n riprd to the said John !'iiinckley !: Son Co. from rorton Co1li r r od datod uurte: 14th, 1 a40, wtiieh deed is to be herewith recorde; in said ie is try of _leech • for Barnstable County. This oonveyenco is re.de nubject Lc] an:, and all reel estate taxes aseossed by and due to the Town or Yars:o:?th, for the year 1940. ZY 'i';INF..i3 :',ice?E0F the said J0!?}; r.INC'LSY & .s.o CO. has caused Its oorprsete seal to be hereto affixed end these -rtsonta to be sued In Its name and behalf by F. toward :linc,ley, its ^-reasurer, hereto duly authorized, this 17th day of 1940. ::'it esa• JC "C11. ° n"!! r r j r.. { way it' „/f t c , By: ty l''' Treasurer. .9 -. �yg• cOt 0,, EkLTH OF :_AZ:: C":iETTS Bs.rnsteble, es. Yermouthpert, :ass., June 17th, 1940.' E � —_—Thee personally appeared the above named F. Howard Hinckley,: Boob__...-.475___-_..........:....__.Page.-.......-176...._. aeknowfedees satisfaction of the same 567 5 4 . Ng 3111 hallitSN taljtrrof the.aid......__..•annis Trust Compax b ►eansad its corporate seal to be hereto&Aixtei and these presents to be signed.hi lb name and belialf by ►alter B. i-hase, its President, and �\.( .aerafd _goalie oalie .. .1ta...Treasurer,.,.._ this ..___231 1 dry of, ' 1�arch.._ A. U.193 9 • .j '.h �: . 1�•; HYANNIS TfiUST >, ,., ' - Otili.:17''.::: :-:IP t1 .•re b;latey. . ' .\''':.rW .%:‘ . --- - - - ass r y Mg Matsuaeraaaatilp of lsaaatipoutis -- �_._._ t 1 . ..... arnstala1e_. -..__.... M, _._..__,....._...March.23_. .... .... .._ w Theo personally appeared the above oa+med_.__-....5}Q,r&Ci..0,.....:004$ ....... ..,. ..... ,.._.. .._ and acknowledged the foregoing iostrameet to be the free ant and deed of........._. I . ............Ilxannis..Trust..Campatly, .._... NI befoe me, Notary i'ublic » lizz. M, ...:.o..wh......__,k1f3I 32, . ,, 40 Barnstable, se., Received J.Lne 19, 1940, and i e recorded. 1 * MOT; ALL MI; B ¶!HE5EP .3SErTS -c i, That 1, 1 3liTo l COLI,Tt,fe':.COD, a :•iciower, or Plymouth, Pl: outh County, I: acttusetts, for consideration paid, grant unto .. 1111iCELk"f to SON Co., a business corporation duly organized end R established under the laws of the Corecnw alth of :*.ewers-;setts H end having an usual place of business in Yarmouth (Yarmcuthport), Ba.rnatable Counts, Massachusetts, with .ITTCL'IM COVEI,TANTS, that certain parcel of land, together with the camz un1ty building located thereon, situated in that part of the Town of Yarmouth, Barnstable County, Massachusetts, known as meat Yarmouth end comprising Lots Twenty-Seven (27), Twenty-El ht (28) and T'wettty- Nine (29), �e "reoreation ground", ao-called srld the "reesrved" 1 406 Thenkp.reonally appeared the above nomad DORBIS K.MORRILL and aoknowl- edged the foregoing instrument to be her free sot and deed., before me Notarial Seal Harold B. Kelley (LS) Notary Public My Comeission Expires March 18. 1934 Barnatable,ss. Reoeived September 18. 1928. and recorded. I, KENNETH A HARYBY, of Yarmouth, Barnstable County, Massaohus.tts for consideration paid, grant to JOHE HINCKLEY h SON COMPANY, a Corpora- tion duly organised under the laws of said Commonwealth and haring its prinoipal plaoe of business in said Yarmouth. with warranty oovenants A certain tract of land with the buildings thereon. situate in said Yarmouth. at or near the Village of West Yarmouth. so called, and said land is bounded as follows:- On the North by Lot 431. as shown on ■ plan hereinafter named there measuring 150 feet, on the Bast by Lot f41 as shown on said plan there measuring 136 feet. on the South by Circuit Road as shown on said plan there measuring 98.9E fest and on the West by Otronit Road West as shown on said plan there measuring 110 feet. The granted parcel consists of Lots f50 and i 41-A on a plan entitled "Swan Lake Shores. West Yarmouth. lass.", recorded with Barnstable Deeds in Plan Book E0 Page 15. to which plan referenos is made for the looa- tion of the granted parcel and, the boundaries of the same. I, Isabel L Harvey wife of said grantor release to said grantee all rights of dower and homestead and other interests therein. Witness our hands and seals this twenty-eighth day of August 1928. Kenneth A Harvey (L9) Isabel L. Harvey (LS) Commonwealth of Masssohusetts Barnstable,as. August E9th 1928 Then personally appeared the above-named KENNETH A. RARVEY sad acknowl- edged the foregoing instrument to be his free act and deed, before me Charles O. Pains Justice of the Peace My commission expires Nov. 4th 1931. Barnstabls,as. Reoeived September 15. 1928. and is recorded. I, Alfred L. Runt of Harwioh, Barnstable County. Massaohusstts, being married, for consideration paid, grant to Nellie T. Barrett, of Waltham. Suffolk County with warranty covenants the land In Harwioh aforesaid. in the part Belled Harwioh Port, consisting of Oleared land end being Lot No. 18 on a plan of shore lots of A. H. Matson, dated April 1914 and recorded with Barnstable Deeds, hounded and described as follows: Beginning at the Northeast corner of the premises at land formerly of Caleb L. Allen; THENCE Southerly by land formerly of Caleb K. Allen fifty (80) test; THENCE Westerly by Lot No. 1E, eighty-six (86) feet; THENCE Northerly by a roadway fifty (50) feet; THENCE Easterly by land formerly of the heirs of Matthew Allen eighty-wiz (86) feet to the point of beginning. The above lot is conveyed subject to rights of "real, so-called, all as shown and delineated on a plan entitled 567 "Plan Showing Swan Lake Shores, Vest Yarmouth, tress., For Setae Lake Shores Trust, Donald T. Fenton, Trustee, Noyes t: Bond, lr, I pyrgineera, Scale 1 in. * 100 ft., tecember 1926", which plan is duly filed in the FeSLstry cf Deeds for Barnstable Count; in Finn Book 1, Page 60, said parcel as a w iole being more part,iculerie bounded and described as follows, viz:- Beginning at the Northeasterly corner of the granted parcel at the intersection of einalow ':rcy :load end Circuit eaae, so-called, as shown on said x plan; thence Nanning eoutherly along the :•ester 1` aloe line of Circuit Road for a distance of about two hundred thirty-five (235) feet to a point; thence turning End runn:.rr,.; about South by Southeast, et-ill along the eoutherly side line of II Circuit goad for a. distance of rl t1 :50) feet, more or less, to a FRrcel desifnateri AD A (reserved for camp), as shorn an bald ?en; thence turning and running about Leeeth by Southwest along the :.eaterly sidc 1:in* .or said farce'_ desin hated ea A on sale: elan,for a di Lance of one hundred fift,•- (i..C.C) feet, more or leae, to t:,i^ C`_•r•n of Sean Lei:e; thence running in a generally ',,esterly direction by the waters of said Swan Lake to the Northeasterly side line of Lot Nineteen (.10, as sheen on said elan; thence turnin; and running *-ortheetterly along the tortheaztorly side line of aald Lot Nineteen (19) for a distance of stout one =:andred ten (110) feet, tore or less, to the :.outheasterl; side line of Lot Twenty (20), as s`o .n on se. plan; thence turning and running Northeasterly along the Southeasterly side line of Lots 'eeesatyr (20), Twenty-One (21) and ';rent.;;-Tiro (22), :of a distance of one hundred fifty-four (15e) feet, more or less, to Lot Twenty-Scree (2e); thence turning *rind running in a generally Easterly direction along the Southerly sloe line of Lots Twat;;-Three (25) and uenty-io;;: (24), as shown on said elan, for a distance of one hundred twenty-four (124) feet, more ar less, to the 5iesterl:, side line Of the recreation groeed, so-called, repreeer.t,ine the uoutheaster_e corner of Lot Twenty-Four !24); thence turning and running ebout rorth by Northwest along the Easterly side line or Lot Twenty-i'our (24), as shown on aatd plan, for a distance of one hundred.. seventy-e_};ht and "ices (178.65) feet, sore or less, to the southerly sale line of said Winslow Gray Road; and, 567 thence turning and raining about East by Northeast along the Southerly aide line of said Winslow Oray Hoed for a distance of two hundred twenty (220) feet, more or loss, to the first mentioned bound and the point of beginning. fA_.rw.. 1-....r '*i. r ,A f V c, This conveyance is made subject to any and all taxes assessed by and due to the Town of Yarmouth on the above describedi pretmimes, as well as to any other existing encumbranoes of record., For egy title, reference is made to a deed to me from Katherine Dietrick which deed is duly recorded in the Registry of Deeds for F.arrstable County, the above described promisee being a portion of the lots described in egad deed, and conveying whatever title I may have by virtue of said deed in and to the recreation ground and the coaaawttty building supposedly owned by the grantee herein under a deed fror. genneth A. "Harvey, Trustee, fdated August 20th, ice and recorded in said Registry in Book 450, Page 40t. _ �I.r 'oreunttti ::t • �-&id an;' .1 os thin IV day of June, t. . . 1S.40. C141"444?),:it n^:ss. _?.-en Y'8L'^ara:11; appeased the above rt;,%,icd :P :.• V,L_ i.:�.,;. en ln ;::-icd ee_ the foreco;ng Ins`_-daunt to ae h' ^rre set enc.', deed, .;; 2cfo,:re :.� 'a ....... -•'�, • • • nt ,star, rut:,. Cq Cum;-issian ,=res de.rnstable, so. , Received :woe i9, 1940, and is recorded. Treasurer as aforesaid, and acknoirledgod the forcfCrinS instrument 567 to be the free act and deed of the saint Before xn, r °' r 59 j•n am n::ior_ -:x-ilea Barnstable, as. , Received June 14, 1940, and is recorded. #440* I * KNOW ALL 7EN BY THESE PRESF TS * That I, 0EORCE F. COBB, being Tarried, of Barnstable (Hyannis), 8arnsteble County, h`.astscrusp .ta, for oonaiierntton paid, grant unto JOHN HINCKLEY do SON CO., a business sorpor Rion duly orgeniaed and established under the lage of the Commonwealth of Massachusetts and having an usual place of business in Yarmouth (Yarmouthport), In said County and Commonwealth, with tibJiTf1:.1:: CQVERAttTS, those tax) certain lots or parcels o:' lanai, to ether with the buildings thereon, situated in that rart of the Town of Yarmouth, Bernatehle County, keasaac'huaetts, known as :Meat Yarmouth, and co:spr:,sirg .d Q as shown end delineated on » plan entitled "Plan of Lots at Hyen is Park, 'West Yarmouth, flow." :which plan la duly filed in the 9arnftable County Registry of Deeds, said ;rots being more particularly bounded end described as follows:- LC? P. The Northerly line of seid Ent measures seventy- four end 93/10C (74.93) feet; The Easterly line of said Lot meaaurea fifty- three (53) feet; The Southerly line of said Lot sae+asurea aixty- two and 5ti/100 (62.90) feat; and, The Westerly line of said Lot measures fifty- four and 35/100 54.35) feet. For title, to this lot, reference is made to deed to "e from William N. Shipman, dated }torah 8th, 1.924 and recorded eith f the Registry of Deeds for Barnstable Country In Book 410, Page 432. Alt Beginning at a point seventy. (70) feet distant r:orthenaterly from the South.eaterly corner of Park Street, so-oalled, end Brockton Avenue; • all ay ric;'It, title, end intoreat In anti to thvt parcel of 691 t Land in Ynr.'bouth in avid County of Barnstable, dr•signe+ted as 4 180 Lot A"Reaerved For Cnnpe on a oertesln plr.n entitled nlen of !! lend of "eaten Lake Shores" Yarmouth,.L.egaachueette. Duly recorded with Bnrnatnbte County of Dekaa. Sne,lect to tax nndetneuabranoeo of record. Trite conveyance le for a nortinnl canaiderrtiofl 1' '233 try hrn3 ,tad aerl this ninth d•ty of AAaril . 1 ?• t` Co!' o?rwEALTtf OL' ',ASSi.C':ifa l-S FL7.1-OUT'z, 33. April tl 19!2 Then ne9raottrlly t.:oe:red the nbovr3 nrreol ;Orton Coll lnr ctooci rnd ac,'_now odged the forel;otru{ inatrtme._,t to he Itia free nct and deed before r i . :tatsry P't.biic ":t Con lesion Ex'fires 1. 7 r '4 Barnstable, as.. Received April 11, 1942, and le recorded. The SEAMEN'S SAVINGS BANK of Provincstown. Massachusetts.the holder of a mortgage Iron .Anto:te '"2•'u ^! I'�1 v.nnfl '.i•A Ctl to `r `�:•tnPn fin.,{n:.« nn„f, Stk dated J►ry n,•V ?''. 1^=5 1) rceordod with Barnrnhk County Deeds.Boot 4)n. Page f24 acknowledge*ulidatlian of the 1atM1e. 1 In witness whereof the mid SEAMEN'S SAVINGS BANK Gat nosed its o*'°°`pare° •`z to be hereto allied and these presents to be siganl,a•.l:sowledgrd,and d&Leered is its - dt; �r rh;ti'tl Ivy Myrick C.Young.its Trcaarer.this a'. :hth of fenr1? ,A.D• 19 42 u� a .17„ SEAMEN'S SAVINGS AANIC",rr.=:. by G � 1., w-,.r Treasu.r 606 * mov, ALL 1mr BY Thr$F. P.tES4..!'''"ts /- i That the iYJJin_3 TRUST COMPANY, a 1lasaacluasetts banking 280 Ch corporet.un duly ortanized an3 eatcblianed under the lawn of the Commonwealth of reteachusetta and having an usual place of business in Barnstable (Hyannis), 3arr.atoble County, :'ssaachusetts, b' the aortmasee named in and prosent holder of a certain mortgage of real estate ;river by OEOROE P. COBB, of said Larnat€hl.e (Hyannis), in said County and Co.^-:onteclth, to the said £;a nta :rust Company, dated :'ay 3th, A. D. 1041 and recorded in the Registry of Deeds for Barnstable County In 3ook 578, Page 305, hereby acknowledges full payment and eat.is'.'r.ction or the same. :°: WITLESS 7if.2.ttEOP the said lahr'i'_S _:t`_5T Cn:'pk.:Y has caused Its oorporate seal to be hereto affixed end theae presents to be rk si ned it Its name and behalf by ::titer a. Chase, Its Pre and lcra.rd Lease, its Trcasurtr, hereto duly author 21st day of Septonber, A. D. 10,.3. Witness: TITST ., rea Ly: I , . ::as:uer. C4T7:n!77.1Et.L17. 0? 11ASSACBUS1:5 s.arnot:'zle, se. fyannia, :aca., Sn_wte:i *r ul, 1045. Then 1:crsonall sp eared the above-named ".liter Chase, President as aforesaid, and aatnomledrod the for e;,oinr, instrument Cu be the free act and deed o: the scid r Arl= DUST C•^.1.`.:Ar7, Before :oc- Uotarj 1T4bD So !'f Cor._tiasicn ?x;riree s^)(7 i4' "'Mr Barnstable, as., Received Saptember 30, 1945, and is reworded. w nor; ALL I m2t 3'_' T c 3E PRESENTS That. I, aEO!iCE F. COBB, being married, or ierns-Ob1n (Hyaania), Barnstable County, i:aasaehusetta, for conaiderr:tton paid, grn= unto R. L. :Men comm, a busineoe corparr:tiar duly organized and rs:r:;1i3hed vr:de:' t'ro loss of t'-"e Commnnvealth of iasaachusetts and paving a:r uaunl place of bua.neas in Yarmouth (West), Barnstable County, taasaoivsette, with WARRANTY OOVENAUTS, those certain lots or parcels of land aompriaing lots Fwit7-Seven 606 1(27), '"wenty-Eight (28), Twenty-Nine (29), Thirty (30), Thirty-One(S1), Forty-One A (41A), Forty-One (41), Lot A reserved tor camp, i 1281 the recreation ground, so-celled end the parcel narked °treserved",' all. as shown and delineated on a plan entitled "Plan Shoring Swan Lake Shores, West Yarmouth, l'.asa., for Swan Lake Shores Trust, Donald T. Fenton, Trustee, ?'oyes and Band - Engineers, Hyannis, Kass., Scale 1 in. c 100 ft., December, 1928", wti=ch Said plan is filed in the Registry of Deeds for Barnstable County in nook 1, Page 60, together with the building or Tell located on Lots Thirty (SO) and Forty-One A (41A). For title, reference is made to a deed to me from John Itinokley do Son Co., and deeds from Horton abllingwood, all of which! deeds are recorded in said Registry of leeda for Barnstable County,i 'land to which deeds reference is node for a more particular des- icription of the granted premises. ° f This conveyance is made subject to real estate taxes .sseased i .1by and Cue to the Town of Yarmouth for the year,1:7t3, which said . taxes the grantee heroin assumes end agrees to .y. And for acid cons'dorsi„on I, 1 Y T. COEE, sire of :re said grantor, hereby release unto the grentee,cll my r ,hts :o dower, homestead and other statutory interests in and to rib above 1 1. !granted premises. . IN WITNESS ritE.R.WF re have hereunto set our :-ants and seals 1thia slat day of September, A. D. 104J. i �Gitn as: c4.l9-1 T .4_f ' Nr�t11� X 1gg I Cot.^",0rn7HALT'i OF 1.:ASSACi1USETTS �13arns table, es. 1:yannia, lass., SoGteu.b9r 21st, 1S4'. i - i Then personally apperred tot-, agave-named GECA03 F. 0033B, and Lcknowledged the foregoing instrument to be his free Set .' ile } - ' Before me- /' •'* ,s a #k r . __ , iota .eu tr a ; m- Conisei or. Ex Tres --ehµ+ w /f� _ . Barnstable, se., Received May 9, 1947, end Is recorded. I 4°040 't 1'1:1..5:4 PhISEliTS: That h. L. CC corper_tir..11 duly established T.'y lays havine an usual place of tusIness in 7est Yarmouth, L'errist.E.1:-)e Count;., i•-a•ssi.ohusetts, for cal sideratIon pa.14 does herr 'hy rrant to 4 NY, Obalat13,11.3103304133444111, Aonciumurxe„,;,-1ix3r raMies4174tOltiNid.SULU la Turristahle (Fyarinis) "a1nst:0-le County,. Cerptorsvot.lt.fo aforeseid with qatIrIsreta ontenauds Mif 7 letscr Lots IsTer.t.::-.seven ct•Int-: : I: , , 111111111111k -erne .77" . (41. 1, (41 , Lot rrs,•:rver; frz- o - r, Cti, !":7 • :•.'r:P.`, "rescr',.•eti", all • , s , forLtores • ..'14 .0 t. 4.n[: -. • 1neers, 1 ir . 13 ft., ...oce.- i:1c , • 1 'tiek; . t.r:- ..tecs rarnsts.'-le I, t't1 , 7...71c-7-0.^.ce i dt ccoot; f;'C'!".". .ichn !icr, ,:o.., to ''.•"!c-. • . st-Ttch .7.rs I ;ccc1 rr ; el! . •••••-it:tr-• ane. to N!'Jet, , , f.r 11, t V.te cmsett•id .--rent::r aorruirer: rr ort 4..orf.e. F. Cer)- 1..., e,-*.fi et %ea tyt ' trr 7,"r r- ;;;0/;1.•:-. " e c •!.p;: f LFc • ccr.vc; co is ,...ce to roel taxes assessed :•,r to i to.,r cf -.earr-R-JC.-, for t I •;;I' ich said te, 8 ;.ruritt• ;Ayr(In assumesbr.. ree to ••.'e,y„ t.41.9 `j . • 606` ti it {' V j F! 41. t QA• Barnstable, se., Resolved September 3O, 1943, end is recorded. -4,, ', ZZNOW ALL UEI BY THRSB PRBSEW ? S that I, 4. 1 Alice E. W. Dexter, of Sandwich in the County of Barnstable and ' Commonwealth of Massachusetts, widow, for consideration paid, grant to Peter Place Cook and 3sorgette P. Cook, husband and wife, • both of said Sandwich, as tenants by the entirety, with QVITCIATM C covenants, certain parcels of lend in raid sandwich, consisting \4. ; of upland and three (3) cranberry bogs, together with any end all ' 6 buildings this day standing thereon, more fully bounded and described as follows:- ' Parcel 1:- Bounded on the east by Water street and lend of one Lennon; on the south VT Shame Road; on the west by land of Weaselhoeft % : with acreage of 10.15 acres, and Upper Shawne ; Lake and also by Parcel 2 hereinafter des bed; on the northwest by Lower Shawnee Lake; on the north by other land of said Cook. Being the sane promises (excepting therefrom N the reeselhoeft 1C.75 acres) purchased from Arabella E. Burgess and recorded in Barnstable v County Deeds in Soak 397 Page 51. Parcel 2s- Bounded on the east by land now or formerly of one Heald and said Lower Shawnee Lake; an the southeast and a>uth by said Lower Shasra Lake; : -.3 k on the south also by Upper Shawnee Lake and by f parcel 1 herein, and eleo by land now or for- merly of one lea Wing; an the west and north- *eat by land now or formerly of said ►se Wing; on the north and northeast by said Lower i 4 _,, ., Shams Lake. L Said Parcel 2 is 'mess conveyed subject to a i. right of ray (at present established) to Drove Street; and 1lwrther subject to whatever water rights existing and of record. j The grantor herein reeervea from the growing stock an Parcel 1, such stock as has this day been agreed upon for removal, to be Iremoved not later than during the year 1944. ' I IN WI?WSS3 WDOP I hereto set my hand and anal this thirtieth day of September 1043. , _ y ,/ I , 1 1 . _ 1 f... .1r.,111N &LI:I...ow, HULL,.4.44.s.le DOC t,..0l.i..11. afl';'." ,,,,, I 670 • • ,,_ c, ..... v, . it8;,169 14is.: 4'1. .; hi el:,-:II; 111,:-...1,-.--riff :la.:.;,;.pr •-.;.•..,. .3 Ili.LVCtfrr IIIALL..%pm), IsULUiptylik.1 ,....1*f•IARY . a..„....., , ;.. e - ' f 1 ! .t •. ; I:. e,- ..,'' ii.N •:. ,...1) 1 ;:. ..,,1,- J l'. .... ..:..;: . . ...t OP ,. , .7 ,,:: • : .,,z, ik..."..,,tio. :1es•••••••.1-4.: :11),•••-i-.14: 0..i.---11,14• 1:;....,„: In witness •.thcreof ti•.e saic l'. L. L:ocro , : z , Company hs.ii caused its curecrate real to • be hereto uf fixed, LYE: these present s to be ..s.ii-uke'.;a tr, 5 t..n nil-t- ,,,r.r 11:71.I.if I:1 t..:Ilt on L. imsl?sit71.4„atdrantm A,-) si 'I. lox Einrittil/Xm- ROSSIMANDLAWilliftittteittlacextraillaguit vigaswita mom Itlitrditemta ibexees. t'•••• A.; • _ . --IWO. embank ther..-. ••••11000( ___ --XV : :." .0 .,%'‘•4 : .: N . • _ ,. 4 Fie-, Gait I al.) .: t •k 1 ....-.:c:s zt: II. L. YOC)2-.Y. C CY PART. ..., . . • .• _ -6•• .-S-:„.ee 1.,. _ . .,,,,:;;;;....‘44.1.,$,,„„' . -- -:.. urs• 4 C Z i i.' i Py: - -, .-e.. ,...• ,---A: - ,--- ' i 71.tliN*%"Z ' ° -. surer .1gs Tree su ,,, ,Tjals:-..• ..............os Ir. Mlle uoirv.Ift4. et Illessefirrerne ,-) I r arn fe-.,0-.1t SS. -JCL......_... .. .. .._____19 4” • ••• ..":1 i Thee peruseelly apprared the above-mated :•":1110n to ::0017Q,•-:',.:"a VIP r qr... i I , . 11. L. lj.nore Co-PanzA„ a Ccreseraticr.,,,,,. " ' ... . r....Ifirpthowledged the!areas:sing isurnunest to be......-1-4-9-• •free so altdoed.ilare le '''44,',4% IN -/. 0 ' .- •. . ...c4.141'2%;,....:011, "1". .. t,:.*.,„...,...„4„.'. •.1 =4. '`.,;•.141.:1•!?iirklZ••-• V•ilit.r...% ,tv. 4 1. . 4e441- ,, S,kiiif:.*•!- .,.•,- CLERK'S CERTITICATE • At a meeting of the Poard of Directors of H. L. oore Compel: - duly called and held en April ;‘, 1q47, a quorur. being present and acting, the feregoinr deed to Earle h. Greene beinr. presented before the Treating and ccnstdered, IL -as VCD: That Iiiiton L. .'oor,.., the Treasurer or said Corporation, be and he hereby is autt,orized anc directed to execute, acknowiedre and deliver said deed in the name and be- halt or said ;:lornoration to terle E. areene and to do and perfcrn :ouch ether ants us pay b,e required incidental therate. ATT7..eff: • ' • r's•<:'-",./,...--9./ ,, . • ,.,• Barnstable, as., Received Molt 9, 194/, and is recorded. — •• 1 ,,...4.,,,,, , or Fir "v.k \t r.. IM✓N AS..pMr.A A..*. . 4. • • 1..� }i.' ...,w' % brs. JY 1 • 'VI •@..�wrJ 6awA° i n r'� / '`r I, �•---- •-- ram. 44.) Y. .l' Al Asa/ i h2 !_orco r + � � R h �& u...r•ye.. ,Ob '' 9 V`+`yam. • ..(9a,.J E. Ly,,..,Pr '° Ltd a . r v _.�.-L.,rn 11 %'• r,f .9.✓.., . .mil.Ca...a..a 1 vr�. r ,p 1ti o .lr A WA...c'4. 1 4ssn.wAer. ..,.,4 /^2.� J f i t/ W, ';,' `4fri. �, - rl y+ As.A.d�.1 hY Lae 6s *11�"r t ° ,Kyr; ,A ' ° t ' `* yi fie., rjP° , A !td':o-e ^,n11-s2—_.. ¢ •+s v ,f o ? Is p to/ °. d4r .rwr.sby {e� ;• �./ .o° `. j@ . ..,.. "' P7 la i .L,, .s 1,,. ,- , pqss.K rf ° .rL/ } ATAA/ .�>4r. 1%. f J1 A.,Ly}P f .! 1 A:MTA. •.JC/FTl.6N Ih. ,rss.r ch.•:o ap r .,,. 'i '/ WEST V.Q/rfOUTH, M455. roA2 , CICNA4 hLE.5 �QO85 /4 cr, vlr. 1,/ `�`.,. JaAI-. 1'-so' nava.Aecu rosc -"c. d.+Lw/mB,t b..0,a, ea...f Oa_r.n.r J..Nr^ 400 WAIN., srasa.- t ...Car Pawl4 aoc,r.,, ...s%, l� 7 dY # i s ra& 4Xl.r,./PKaN erawer.2 Oa A 4AV ✓n aHs,,,Jr44� ��fC.�A.M+I.,•,, tCa o Mr.,/1 + .r , SLR ' , M i ti matt/ J , lu>sal" r FpJ ._—__ _\ p` ' A' `, _. N,r` R \4s!,q nhr�t P-;cl,,r-YSOVA, 110 1)a tra 10 5 Bk 24720 P9287 438110 • 07-30-201 r1 a 03 n 1.2s7 QUITCLAIM DEW I, Eleanor J.Martin,of 200 Hart Street,Taunton, Bristol County.MA For the full consideration of One Hundred Sixty Thousand Dollars(S160,000.00)paid Grant to David E.LaPointe and Linda L.LaPointe,to hold as husband and wife,as tenants by the entirety,of 318 Newton Street,Waltham MA 02453 With Quitclaim covenants The land with the buildings and improvements thereon,located at 25 Swan Lake Road West Yarmouth MA 02673 h to ry The land,together with the buildings and improvements thereon,located at 25 Swan Lake Road,West Yarmouth, Barnstable County,MA bounded and described as follows: The land,with the buildings thereon,situated in Yarmouth(West), Barnstable a County,Massachusetts,shown as Lot 8 on plan entitled:"Subdivision Plan of Land in w West Yarmouth,Mass. For Charles Robsham et ux., Scale 1""*60',November, 1966",to which plan reference may be had for a more particularly description of Lot 8. Said plan being recorded at Plan Book 210 at Page 103. The above described premises are conveyed together with benefit of and subject .:;." to all rights,rights of way,restrictions,easements and reservations of record if the same arc not in force and applicable. a Being the same premises conveyed to John B.Smith and Roberta C. Smith by deed recorded at Book 21548 at Page 165, For my title sex,Estate of John B.Smith, Barnstable County Probate Court Docket#BA09P055PEA.See also death certificate and estate tax affidavit for predeceased co-tenant,Roberta Smith, recorded at 3ook 24694 at Page 257 nd ook 24694 at, PaFe 255, respectively. Executed as a ed i me this./ day of July,2010. v f Witness Eleanor J.Man L -COUNTY EXCISE TAX scU EZARNSTABLE COUNTY REGISTRY OF DEEDS ni Dote! 07-30-2610 3 03:12na ° Commonwealth of Massachusetts t t'I' 1373 Does t 3e110 ant 1432.00 Cans: $140'000.00 Bristol,as. July!c, ,2010 On this/. I dayof July,20i 0,before me,the undersigned notarypublic, 8t a personally appeared Eleanor J.Martin proved to me through satisfactory evidence of identification,which were MA driver's license to be the person who• name i signed on the preceding or attached document,and acknowledged to me, sign t voluntarily for its stated purpose J My Commission expires: JOHN S. WHITE n0'OOb•O9ti :se,v3 OL'LESt T i '= 1 C !Wary PuGRc ommonvitaith o.Massachusetts 011RE ti'00 £LFt 34111 1 } My COMMIS:0CM Expires Isq t:£0 t: OTOE-OE-LO !WO Jane 13,7014 s03 t A513%31115 33U Si S1tN61) SS I XVI 3 I BARNSTABLE REGISTRY OF DEWS it vai1447 Mt 830 15878 fl attsla Bq+fitlt Corp, of come Co4 a empnwis h dWe trier.-ender dm barn d_.. bR_Cg BNI-4 th of ww.II04hui.t to sstladslsYvandpdwsd'brthiiwes S Willow Stroilt. Bites River Bmarnetebk Ceua%biewathwa sk isr I.sidrewitm p.i4 r Robit,CtttSaw llith--Qf 16 2srs11 Street. Tsnntol a_Brietol County, ltassschu..tte, and John B. Smith of 21 Beacon Street, Boston, Suffolk County, )ta..achua.tts, as Jo1nl '.mile • .r . -_ _.._. ____ _ __--_ with �, /',gondola ` etuuUU dto hod ira ..eth a 4 .,eh 1mi ti,arnnn_ .i.tuata Lie_.Ya aioutl4listh.i Perneteble_ouBtfa_?!nt.PR IME2S,Ai., ohown Ro tarot 8 on glen entitled, "Subdivision Plain of Menelipthammlumaaftwomessia Land in Vest Yarmouth, Maas. for 41 Charlie Babsham et ux, Scale 1" . 60' Novsab.r 1966", which plan in duly filed in Bernetebl. County Registry of Deed. Plan Book 210 Pate 101 and to which plan reference may be had for a more particular description of Lot R. • The above described promisee ere conveyed together with benefit of and subject to n11 rlrhts, rights of wny, restrictions, enaereenta and ressrvntiona of record 1f the setae ere in force end applicable n lk .a..t�,N.;lSk: Le/ -`e', •�, /J l:zG 4z� tip 7n lellrw thrum f. the*arid Stratton Dull<ilna S"'rv. .•f rune rod ►w taueed in mrpersie ail a be beree. W had said that pmmmu te be tigmsd. adasw4dtsd aid delienditit ammo sow bleat hq `1ery A. N`••rnen iY Tronaurer hsnho defy wib.jrd,this twenty-eight h day at AuRuat in the raw ss thoeswd sine hundred end •t r t••—n l n e Slimed and smiled it the pewesce . '4trnttnn nu.tl XAL Cr..ry 3 Olij into • • l O4/0/ L ..216e. s z fat y Plyroiath a .._..--- -.__.mama t 7R1_ - tyb?. T1wpeneodyeppem,sd die ab,ae-mread Nnry A. n TreA wore r sad eckweandred the f..ccket 4ettewfnsw a be die tree act tad dent of der l try t t nn Ths tiding inns. ..f Cop.* tqld belle 1. al AIM 2 1969 NIUE // Brando!ini, Jim From: Bruce Rosewarne <bruce@landmerit.com> Sent: Wednesday, May 23, 2018 12:29 PM To: Brandolini,Jim Subject: 32 Swan Lake Road title docs Attachments: WEST YARMOUTH - swan lake rd #25 additional .pdf; YARMOUTH - 32 swan lake road0001.pdf Hello Jim, Please find attached the title docs I have for 32 Swan Lake Road. Do these suffice for the purposes of the town counsel? Thanks, Bruce Rosewarne Mobile: (413-345-0510) 1 Brandolini, Jim From: Jay Talerman <jay@mtclawyers.com> '3 2 ,4j4 �. Sent: Friday, September 29, 2017 8:46 AM To: Williams, Kathleen; Brandolini, Jim Cc: Grylls, Mark Subject: RE: Request for Legal Opinion As we assumed. May be difficult for us to conjure up a restriction on this matter. However, I would request that the applicant provide full title dating back to the subdivision to see if there has been a recorded restriction. Even if there has been such a restriction, it is possible that it has expired. J Jason R. Talerman,Esq. il Mead,Talerman& Costa,LLC 730 Main Street Suite 1F Millis,Massachusetts -02054 p Phone 774.993.5000 jayna,mtclawyers.com •www.mtclawyers.com The information contained herein is confidential and may be protected by the attorney-client and/or other applicable privilege(s). It is intended only for the named recipient(s). If you are neither an intended recipient nor a person responsible for delivery to a recipient, you are hereby notified that any unauthorized use,dissemination,distribution or reproduction of the contents hereof is strictly prohibited and may be unlawful. If you have received the above transmittal in error, please delete the message and any attachment(s) hereto from your e-mail system and notify us immediately. *TkiAk before you prink. From: Williams, Kathleen [mailto:kwilliams@yarmouth.ma.us] Sent: Friday, September 29, 2017 8:34 AM To: Brandolini,Jim <JBrandolini@yarmouth.ma.us>;Jay Talerman <jay@mtclawyers.com> Cc: Grylls, Mark<mgrylls@yarmouth.ma.us> Subject: RE: Request for Legal Opinion Hi Jay, It was 1926, so no planning board decision. ,c. _ / - / , Thanks, as.--( ,��� Kathy C r- -✓„`-,> r Kathy Williams, PE ,17f, °' r (-'� � �/6 Yarmouth Town Planner 1146 Route 28f/-z South Yarmouth, MA 02664-4492 (508) 398-2231 Ext 1276 kwilliams@yarmouth.ma.us i From: Brandolini,Jim Sent:Thursday,September 28, 2017 10:45 AM To: 'Jay Talerman'<iay@mtclawyers.com> Cc:Williams, Kathleen<kwilliams@varmouth.ma.us>; Grylls, Mark<mgrylls@yarmouth.ma.us> Subject: RE: Request for Legal Opinion Not that we are aware of. From: Jay Talerman [mailto:jay@ mtclawyers.com] Sent: Thursday, September 28, 2017 9:39 AM To: Brandolini, Jim; Grylls, Mark Subject: RE: Request for Legal Opinion Was there a subdivision decision that went along with this? Jason R. Talerman, Esq. Mead,Talerman& Costa,LLC 730 Main Street • Suite 1F • Millis,Massachusetts 02054 Phone 774.993.5000 jayamtclawyers.com www.mtclawyers.cotn The information contained herein is confidential and may be protected by the attorney-client and/or other applicable privilege(s). It is intended only for the named recipient(s). If you are neither an intended recipient nor a person responsible for delivery to a recipient, you are hereby notified that any unauthorized use,dissemination,distribution or reproduction of the contents hereof is strictly prohibited and may be unlawful. If you have received the above transmittal in error, please delete the message and any attachment(s) hereto from your e-mail system and notify us immediately. TkuAk before .jou prLnt. From: Brandolini,Jim [mailto:JBrandolini@yarmouth.ma.us] Sent:Wednesday, September 20, 2017 4:08 PM To:Jay Talerman <iay@mtclawyers.com>; Grylls, Mark<mgrylls@yarmouth.ma.us> Subject: RE: Request for Legal Opinion Jay: Please find attached copies of my August 17, 2017 email to Mark, a copy of the 1926 Preliminary Subdivision Plan and a copy of a 1987 Deed. Let me know if you need anything else. Thanks. Jim From: Jay Talerman [mailto:jay@@mtclawyers.com] Sent: Wednesday, September 20, 2017 3:26 PM To: Grylls, Mark; Brandolini, Jim Subject: RE: Request for Legal Opinion If I get the back-up, I can offer an opinion 2 Jason R.Talerman,Esq. Mead,Talerman& Costa,LLC llis,Massachusetts -02054 730 Main Street Suite 1F Mi p Phone 774.993.5000 jay@mtclawyers.com • www.mtclawyers.cotn The information contained herein is confidential and may be protected by the attorney-client and/or other applicable privilege(s). It is intended only for the named recipient(s). If you are neither an intended recipient nor a person responsible for delivery to a recipient,you are hereby notified that any unauthorized use,dissemination,distribution or reproduction of the contents hereof is strictly prohibited and may be unlawful. If you have received the above transmittal in error, please delete the message and any attachment(s) hereto from your e-mail system and notify us immediately. *Tkt.hk before you priinE. From:Grylls, Mark [mailto:mgrylls@yarmouth.ma.us] Sent: Wednesday, September 20, 2017 3:13 PM To: Brandolini,Jim <JBrandolini@yarmouth.ma.us> Cc:Jay Talerman <lay@mtclawyers.com> Subject: RE: Request for Legal Opinion Hi Jim, I am forwarding this to Jay. I have included his new email address. Talk soon, Mark From: Brandolini, Jim Sent: Wednesday, September 20, 2017 2:40 PM To: 'Jay@bbmatlaw.com' Cc: Grylls, Mark Subject: Request for Legal Opinion Good Afternoon Jay: Mark Grylls has requested that I follow up on a request for a legal opinion concerning a vacant lot located at 32 Swan Lake Road, Yarmouth. The lot in question was identified on the original 1926"Preliminary Subdivision Plan as "Recreation Ground". Attached is the email I sent to Mark. I believe he forwarded these issues and a copy of a 1987 Deed, to you, for an opinion. Thanks. James D. Brandolini, Deputy Building Commissioner 3 Brandolini, Jun From: Jay Talerman <jay@mtclawyers.com> Sent: Friday, September 29, 2017 8:46 AM To: Williams, Kathleen; Brandolini, Jim Cc: Grylls, Mark Subject: RE: Request for Legal Opinion As we assumed. May be difficult for us to conjure up a restriction on this matter. However, I would request that the applicant provide full title dating back to the subdivision to see if there has been a recorded restriction. Even if there has been such a restriction, it is possible that it has expired. INJason R.Talerman,Esq. Mead,Talerman&Costa,LLC 730 Main Street Suite 1F • Millis,Massachusetts • 02054 A Phone 774.993.5000 jay(c)mtclawyers.com •www.mtclawyers.com The information contained herein is confidential and may be protected by the attorney-client and/or other applicable privilege(s). It is intended only for the named recipient(s). If you are neither an intended recipient nor a person responsible for delivery to a recipient,you are hereby notified that any unauthorized use,dissemination,distribution or reproduction of the contents hereof is strictly prohibited and may be unlawful. If you have received the above transmittal in error, please delete the message and any attachment(s) hereto from your e-mail system and notify us immediately. TI.ivik before you primE. From: Williams, Kathleen [mailto:kwilliams@yarmouth.ma.us] Sent: Friday, September 29, 2017 8:34 AM To: Brandolini,Jim <JBrandolini@yarmouth.ma.us>;Jay Talerman <jay@mtclawyers.com> Cc: Grylls, Mark<mgrylls@yarmouth.ma.us> Subject: RE: Request for Legal Opinion Hi Jay, It was 1926, so no planning board decision. Thanks, Kathy Kathy Williams, PE Yarmouth Town Planner 1146 Route 28 South Yarmouth, MA 02664-4492 (508) 398-2231 Ext 1276 kwilliams(&yarmouth.ma.us 1 From: Brandolini,Jim Sent:Thursday,September 28, 2017 10:45 AM To: 'Jay Talerman' <jav@mtclawvers.com> Cc: Williams, Kathleen <kwilliams@yarmouth.ma.us>; Grylls, Mark<mgrylls@yarmouth.ma.us> Subject: RE: Request for Legal Opinion Not that we are aware of. From: Jay Talerman [mailto:jay@mtclawyers.com] Sent: Thursday, September 28, 2017 9:39 AM To: Brandolini, Jim; Grylls, Mark Subject: RE: Request for Legal Opinion Was there a subdivision decision that went along with this? Jason R.Talerman,Esq. Mead,Talerman& Costa,LLC 730 Main Street • Suite 1F • Millis,Massachusetts • 02054 " Phone 774.993.5000 ja\'rt mtcla\vy crs.com www.mrclaw\crs.com The information contained herein is confidential and may be protected by the attorney-client and/or other applicable privilege(s). It is intended only for the named recipient(s). If you arc neither an intended recipient nor a person responsible for delivery to a recipient, you are hereby notified that any unauthorised use,dissemination,distribution or reproduction of the contents hereof is strictly prohibited and may be unlawful. If you have received the above transmittal in error, please delete the message and any attachment(s) hereto from your e-mail system and notify us immediately. Thi.Kk before you rrimE. From: Brandolini,Jim [mailto:JBrandolini@varmouth.ma.us] Sent:Wednesday, September 20, 2017 4:08 PM To:Jay Talerman <iay@mtclawyers.com>; Grylls, Mark<mgrylls@yarmouth.ma.us> Subject: RE: Request for Legal Opinion Jay: Please find attached copies of my August 17, 2017 email to Mark, a copy of the 1926 Preliminary Subdivision Plan and a copy of a 1987 Deed. Let me know if you need anything else. Thanks. Jim From: Jay Talerman [mailto:jay@mtclawyers.com] Sent: Wednesday, September 20, 2017 3:26 PM To: Grylls, Mark; Brandolini, Jim Subject: RE: Request for Legal Opinion If I get the back-up, I can offer an opinion 2 Jason R.Talerman,Esq. Mead,Talerman& Costa,LLC 730 Main Street • Suite 1F • Millis,Massachusetts . 02054 pi Phone 774.993.5000 jay(a,mtclawyers.com www.mtclawyers.com The information contained herein is confidential and may be protected by the attorney-client and/or other applicable privilege(s). It is intended only for the named recipient(s). If you are neither an intended recipient nor a person responsible for delivery to a recipient, you are hereby notified that any unauthorized use,dissemination,distribution or reproduction of the contents hereof is strictly prohibited and may be unlawful. If you have received the above transmittal in error, please delete the message and any attachment(s) hereto from your e-mail system and notify us immediately. A`Th,i.hk before you pri.o.E. From: Grylls, Mark [mailto:mgrylls@yarmouth.ma.us] Sent:Wednesday, September 20, 2017 3:13 PM To: Brandolini,Jim <JBrandolini@yarmouth.ma.us> Cc:Jay Talerman <jay@mtclawyers.com> Subject: RE: Request for Legal Opinion Hi Jim, I am forwarding this to Jay. I have included his new email address. Talk soon, Mark From: Brandolini, Jim Sent: Wednesday, September 20, 2017 2:40 PM To: 'Jay©bbmatlaw.com' Cc: Grylls, Mark Subject: Request for Legal Opinion Good Afternoon Jay: Mark Grylls has requested that I follow up on a request for a legal opinion concerning a vacant lot located at 32 Swan Lake Road, Yarmouth. The lot in question was identified on the original 1926 "Preliminary Subdivision Plan as "Recreation Ground". Attached is the email I sent to Mark. I believe he forwarded these issues and a copy of a 1987 Deed, to you,for an opinion. Thanks. James D. Brandolini, Deputy Building Commissioner 3 • I 7 _ . ; _Jtev.4 . . • Brandolini, Aim From: Brandolini,Jim Sent: Wednesday, September 20, 2017 4:08 PM To: 'Jay Talerman'; Grylls, Mark Subject: RE: Request for Legal Opinion Attachments: 32 Swan Lake Rd 1926 Preliminary Subdivision Plan.pdf; 32 Swan Lake Rd 1987 Deed.pdf; 32 Swan Lake Rd.pdf Jay: Please find attached copies of my August 17, 2017 email to Mark, a copy of the 1926 Preliminary Subdivision Plan and a copy of a 1987 Deed. Let me know if you need anything else. Thanks. Jim From: Jay Talerman [mailto:jay@ mtclawyers.com] Sent: Wednesday, September 20, 2017 3:26 PM To: Grylls, Mark; Brandolini, Jim Subject: RE: Request for Legal Opinion If I get the back-up, I can offer an opinion Jason R.Talerman,Esq. Mead,Talerman&Costa,LLC 730 Main Street • Suite 1F • Millis,Massachusetts • 02054 Phone 774.993.5000 jav(p mrclawvers.c()rn • www.intclawvers.o)n The information contained herein is confidential and may be protected by the attorney-client and/or other applicable privilege(s). It is intended only for the named recipient(s). If you are neither an intended recipient nor a person responsible for delivery to a recipient, you arc hereby notified that any unauthorized use,dissemination,distribution or reproduction of the contents hereof is strictly prohibited and may be unlawful. If you have received the above transmittal in error, please delete the message and any attachment(s) hereto from your e-mail system and notify us immediately. Thi.Ku before you grant. From: Grylls, Mark [mailto:mgryIls@yarmouth.ma.us] Sent:Wednesday, September 20, 2017 3:13 PM To: Brandolini,Jim <JBrandolini@yarmouth.ma.us> Cc:Jay Talerman<iay@mtclawyers.com> Subject: RE: Request for Legal Opinion Hi Jim, I am forwarding this to Jay. 1 I Nave inckuded his new email address. Talk soon, Mark From: Brandolini, Jim Sent: Wednesday, September 20, 2017 2:40 PM To: 'Jay@bbmatlaw.com' Cc: Grylls, Mark Subject: Request for Legal Opinion Good Afternoon Jay: Mark Grylls has requested that I follow up on a request for a legal opinion concerning a vacant lot located at 32 Swan Lake Road, Yarmouth. The lot in question was identified on the original 1926 "Preliminary Subdivision Plan as "Recreation Ground". Attached is the email I sent to Mark. I believe he forwarded these issues and a copy of a 1987 Deed, to you, for an opinion. Thanks. James D. Brandolini, Deputy Building Commissioner 2 Brandolini, Jim From: Brandolini, Jim Sent: Thursday, August 17, 2017 4:08 PM To: Grylls, Mark Cc: Williams, Kathleen Subject: 32 Swan Lake Road Parcel 86, Shonw on Assessors Map 48 Mark: As per our discussion, concerning a Lot Inquiry for the lot referenced above, for a proposed single family use, please see the following details: -The lot was created via a December, 1926 "Preliminary Subdivision Plan". (no Definitive or Final Plan found) -This plan was recorded at the Barnstable Registry of Deeds, as Plan 163, Book 20, Page 15. -This subdivision plan depicts the parcel in question as"Recreation Ground",containing 1.06+/-Ac. and 100 feet of frontage. -The latest Deed, dated June 16, 1987, recorded in Book 5779, Page 052 states that "Said parcel being that certain parcel of land marked "Recreation Ground", so called ---shown on and delineated on plan entitled Plan showing Swan Lake Shores . -In terms of land area and frontage purposes, the lot complies with Zoning Bylaw Section 104.3.4, para. 2 & 5. In reviewing this history,the following questions arise: 1.Does the Recreation Ground use continue in perpetuity or can the parcel be built upon with a single family dwelling. 2.Does the year the lot was created have any impact on the use. 3. What mechanism, if any, can effect a change to the land use, if the Recreation Use remains in effect. (Planning Board of ZBA) Jim 1