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Decision 4724
Bk 3139S F9173 *33402 07-11-2018 0 10: 37a Ito TOWN OF YARMOUTH G BOARD OF APPEALS 0 " . ,, : `1 DECISION FILED WITH TOWN CLERK: February 26,2018 PETITION NO: #4724 HEARING DATE: February 8,2018 PETITIONER: Shoestring Properties Ltd.,Partnership and MRL Realty,LLC PROPERTY: 1121 Route 28,South Yarmouth,MA Map&Parcel: 0050.108;Zoning District: B2 & VCOD VC4 Doc.#: 692,979; Ctf#: 144241 MEMBERS PRESENT AND VOTING: Steve DeYoung,Chairman,Dick Martin,Thomas Nickinello,Doug Campbell and Tom Baron. Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Register,the hearing opened and held on the date stated above. The Petitioner is Shoestring Properties Limited Partnership of 297 North St., Hyannis, MA and MRL Realty,LLC of 37 Industrial Park Road,Kingston,MA and was well represented by Attorney Michael Stusse of Yarmouth, MA. The Petitioners seek relief in connection with property located at 1121 Route 28, South Yarmouth, MA property which is located in the Zoning District B-2/VCOD-4. The applicant seeks a Special Permit under Bylaw §414.3.3 and approval of the condominium documents under Bylaw §104.4.Further, setback relief by Variance under §414.6 .4 and/or§203.5 was sought. The site in question has an existing structure on which formally housed a bank. The use of that structure was the subject of the grant of a Variance as recently as September 28, 2017. That relief allowed for the manufacture by 3-dimensional printers of prosthetic teeth and within the existing bank structure. The Petitioners now seek to expand the project to allow for both a commercial and residential use of the site consistent with the Bylaw provisions relating to the VCOD-4 District. This is the 1st such project of this type to have come before the Board since the enactment of the VCOD, Prior to coming before the Board the Petitioners'proposed project was well vetted by both the Design Review Committee and all interested departments and boards through a Site Plan Review. The site upon which this project is proposed consist of 1.78 acres. In addition to the existing structure, the Petitioners seek to construct 3 separate buildings each with 3 residential units for a total of 9 residential units. The existing structure will change only by the elimination of the existing "drive-thru" which formerly allowed for drive-up banking. Other changes to the project include some reconfiguration of the interior roadways. 1 Cl Assisting in the presentation on behalf of the Petitioners was Dan Ojala, P.L.S., who did a fine job in explaining both the project and the need for relief. Several interested parties including Catherine Donnelly, Susan Roberts and Jeff Sousa all spoke about Variance concerns including traffic generated from the site and/or crossing through the site from Route 28 to Wood Rd. The Board felt that the factors set forth with in Bylaw §414.3 .3 and relating to the grant of Special Permits within the VCOD Zoning Districts had been satisfactorily provided for and adhered to by the Petitioners and their proposed project. Specifically, the Petitioners had obtained favorable Planning Board, Site Plan Review and Design Review; the development provides for both a mixed use of commercial and residential structures; the project provides for and improves pedestrian access; sufficient open space is provided for by the project; the design of the buildings together with their location results in a low impact particularly from the streetscape of Route 28; curb cuts on Route 28 will be reduced; the development will support the use of public transportation; the existing structure, though further setback from Route 28 then may otherwise have been pennitted, was generally felt by the Board to be the proper subject of relief as prayed for by the Petition; the project will create a visually attractive access and nothing about the project will interfere with pedestrian access; the provisions of §414.3 .3, subparagraphs 11 and 12 were found to be not applicable; the project will create new undue nuisance nor congestion; the project was found to be consistent with the goals and purposes of the VCOD; the project was properly vetted and will be consistent with the Yarmouth Design Standards;and,the project will not violate any design standards of the bylaw. The Board considered several aspects of the requested relief and proceeded to their consideration upon the Motions of Mr. Nickinello, which Motions were seconded by Mr. Martin and involved in the grant of the following relief; A. Special Permit: The Board reviewed the Condominium Documents and were satisfied that they met the criteria of the Bylaws and MGL c.183A and so on the Motion made to approve these documents and the grant of Special Permit the Board voted unanimously; B. Special Permit under §414.3 .3; as stated, the Board made findings that the project met the criteria as set forth within such Bylaw section. The Board voted unanimously to grant the Special Permit under this section of the Bylaws on the conditions that 1.) The Planning Board Conditions dated December 29, 2017, 1 through 6 are incorporated as conditions of the grant of this Special Permit by this Board; 2.) That all recommendations of the Engineering Department, Fire Department, Health Department and Water Department as set forth within the Site Plan Review dated November 14, 2017 be complied with and that the Petitioners obtain any and all necessary approvals from these departments; 3.) That the project include one affordable unit or the Petitioners otherwise comply with the requirements of the Bylaws; 4.) That there be a total of no more than fifteen (15) bedrooms on the site; 5.) That any existing large-caliber trees be retained, if possible; 6.) That two (2) speed bumps be located on the internal main roadway within the site; 7.)That the Petitioners erect signage at both ends of the internal roadway indicating to the public that the roadway is not to be used for through traffic and is a private drive; and 8.) That no fencing be installed on the site without the approval of the Board; C. Variance: The requested relief, by Variance, to permit the structure to remain located beyond the permitted forefront setback under the provisions of the VCOD was granted by unanimous vote, without condition. 2 No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw §103.2.5, MGL c40A §9) Unless otherwise provided herein, a Variance shall lapse if the rights authorized herein are not exercised within 12 months. (See MGL c40A§10). This Decision must be filed with the Barnstable County Registry of Deeds,Route 6A, Barnstable. Steven DeYoung, iair(nan 3 o _Y4k , COMMONWEALTH OF MASSACHUSETTS . *" vo TOWN OF YARMOUTH 5 [ BOARD OF APPEALS N '4 `r t :2"' t •I,±CMEt Appeal#4724 Date: March 19,2018 Certificate of Granting of a Special Permit and Variance (General Laws Chapter 40A, section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit and Variance has been granted to: PETITIONER: Shoestring Properties Ltd. Partnership 297 North Street,Hyannis,MA 02601 and MRL Realty,LLC 37 Industrial Park Road,Kingston,MA 02364 Affecting the rights of the owner with respect to land or buildings at: 1121 Route 28, South Yarmouth, MA. Map and Parcel: 0050.108; Zoning District: B-2 & VCOD VC4; Doc.#: 692,979; Ctf.#: 144241; and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit and Variance, and that copies of said decision, and of all plans referred to in the decision, have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit, or Variance or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. Stev nE DeYoung, sea, of TOWN OF YARMOUTH Town Ai 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-4451 Clerk Telephone(508)398-2231 Ext. 1285,Fax(508)398-0836 CERTIFICATION OF TOWN CLERK I, Philip B. Gaudet, III, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #4724 that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. All appeals have been exhausted. ..' VY, 10, "' Philip B. a'.et,III Town Clerk, BARNSTABLE REGISTRY OF DEEDS John F, Meade, Register TOWN OF YARMOUTH BOARD OF APPEALS HEARING NOTES i Petition# 414- Petitioner �,k/,�f ! �` /, Hearing Date: %9/r REQUEST: SPECIAL PERMIT: • VARIANCE: • Overturn B.I. -M�PA` 13 t Members of the Board present and voting. ° t N� (, .Sat/k QtrJ It appearing that notice of said hearing has been gLMri by senbbing note thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby and that public notice of such hearing having been given by publication in the Register the hearing was opened and held on the date first above written. IN FAVOROPPOSED A 5�-.A44, , Lark '► - aed o . . Reason for the Decision: ll � fiJ Motion by: itcIe„ftPa{}Seconded by: Vote: Members voting in favor: Opposed: Therefore,the SPECIAL PERMIT VARIANCE APPEAL is GRANTED DENIED WITHDRAWN CONTINUED TO: CONDITIONS: 14.4iP) %9 3S- EXHIBITS RECEIVED AT HEARING: CLERK: It Date: 2) CLERK-CHAIRMAN HEA:I5G NOTES (f 'moo, TOWN OF YARMOUTH BOARD OF APPEALS '' "'"!I IC3 �� p :� MATTAC"CCl APPLICATION FOR HEARING '18.IANI2PH2:57 REC Appeal#: "1}Zy Hearing Date: 2/. 8 Fee$ 211-.12- Owner-Applicant: 1r;1zOwner-Applicant: Shoestring Properties Ltd. Parttn�erddssh�ip, 297 North St., Hyannis, MA and MRL Realty, LLC, 37 Industricalu lLNarJnce�2a e, Kingston, MA 02364 (Address) (Telephone Number) (Email Address) and is the (check one) lJ Owner 3 Tenant ?{Prospective Buyer 0 Other Interested Party Property: This application relates to the property located at: 1121 Rte. 28, S. Yarmouth, MA • and shown on the Assessor's Map #: Sl1 as Parcel#: 108 Zoning District: B2 If property is on an un-constructed(paper)street name of nearest cross street,or other identifying location: • Project: The applicant seeks permission to undertake the following construction/use/activity (give a brief description of the project. i.e.: "add a 10'by 15' deck to the front of our house"or "change the use of the existing building on the property"): • RFT,TFF REOUESTED: The applicant seeks the followine relief from the Rnard of Appeals; To allow for mixed use development in the VCOD-4 district with commercial and residential buildings under the condominium form of ownership as per plans previously approved by the Yarmouth Planning Board. 1) REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING ADMINISTRATOR dated attach a copy of the decision appealed from). State the reason for reversal and the ruling which you request the Board to make. • yw.3.3 • 2)X Special Permit under Section 413.3.3 Villages Center Overlay District and approve the condominium documents under Section 104.4 and where necessary, provide dimensional relief from setbacks under Section 414.6.4 of the bylaw. 3) x• VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought: Section: - 203.5 Relief sought: variance front yard setback from 30'to 27'from a corner of existing building Section: Relief sought: .to a public way._ • Section: Relief sought: ADDITIONAL INFORMATION:Please use the space below to provide any additional information which you feel should be included in your application: The appellant asks that the Board of Appeals, after hearing the evidence, grant such other and further relief as it deems necessary to allow the • proposal. J FACT SHEET Current Owner of Property as listed on the deed(if other than applicant): Shoestring Properties Ltd., 297 North St., Hyannis, MA 02601 Name&Address Title deed reference: Book&Page# or Certificate# 144241 Land Court Lot# Plan# (provide copy of recent deed) Use Classification: Existing: §202.5 # 202-I-11 Proposed: §202.5 # El 8 Is the property vacant: No If so,how long?: Lot Information Size/Area: 1 .83 acres Plan Book and Page / Lot# Is this property within the Aquifer Protection Overlay District?Yes No X Have you completed a formal commercial site plan review(if needed)? Yes X No_ Other Department(s)Reviewing Project: Indicate the other Town Departments which are/ have/or will review this project, and indicate the status of their review process: Repetitive Petition: Is this a re-application: No If yes, do you have Planning Board Approval? Prior Relief: If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the date and Appeal number(s)and other available information. Include a copy of the decision(s)with this application: Appeal #826; Appeal #2201 , Appeal #4707 Building Commissioner Comments: Applicant's ome /A tit ignature Owner's Signature Address: 25 Mid Tech Dr., Suite C W. Yarmouth, MA 02673 Phone (508) 775-3433 E-Mail: mstusse@capecodlawyers.can /.zs/er Building ommr tier Signature Date 5 • DOC t692.979 04-25-97 11tS7 Mil'144241 BARNSTABLE LAND COURT REGISTRY QUITCLAIM DEED CITIZENS BANK OF MASSACHUSETTS, a Massachusetts banking'corporation with a place of business at 55 Summer Street, Boston, Massachusetts 02110 for consideration paid, and in full consideration of Three Hundred Thousand and 00/100 Dollars ($300,000.00), grants to Shoestring Properties Limited Partnership of 297 North Street, Hyannis, Massachusetts 02601 with quitclaim covenants the land with the buildings thereon, situated in Yarmouth, Barnstable County and N Commonwealth of Massachusetts, bounded and described as follows: Northwesterly by the southeasterly line of a State Highway (Route 28), three to hundred twenty-five and 84/100 (325.84) feet; nmi Northeasterly by land now or formerly of the Town of Yarmouth, ninety- t"" seven and 23/100 (97.23) feet; t-/Li z Southeasterly by Wood Road, one hundred seventy-two and 97/100 (172.97) feet; .; Southerly by land now or formerly of William Norton Stetson, two hundred eight and 49/100 (208.49) feet; and Westerly by land now or formerly of Peter A. LeSage et al, eighty-two (82) feet. CC All of said boundaries are determined by the Court to be located as shown on plan 24634-A dated October 13, 1953, drawn by Newell B. Snow, Engineer, and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 123, Page 38 with Certificate of Title No. 16858. shows, t /zad:or) sa,`a• Pc nJ. p' Easterly by Wood Road, two hundred thirty-one and 86/100 (231.86) feet; Southerly and Southwesterly by land now or formerly of Leon B. Pierce, two hundred seventy-nine and 19/100 (279.19) feet; and Northerly by lands now or formerly of Peter A. LcSage et al. and of Peter M. Sykee, two hundred eighty-four and 96/100 (284.96) feet. ) f\ �.ver\ = L41 til�) a tt (� -3`1 - A (:t,., . (1 L1,J '1, ��eg r ,.'Y f � ` All of said boundaries are determined by the Court to be located as shown on plan 25978-A dated April 30, 1955, drawn by Newell B. Snow, Engineer, and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 142, Page 58 with Certificate of Title No. 19158. c 'ou".ect 1Q4•-Ci • For our title see Certificate of Title No. 98550 filed with Barnstable County Land Registration Office. This conveyance does not represent a sale of all or substantially all of the assets of Citizens Bank of Massachusetts in the Commonwealth of Massachusetts. In witness whereof, the said Citizens Bank of Massachusetts has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by Gerald M. Curtin, its Assistant Vice President hereto duly authorized, this etk 1 ` day of April, 1997. Citizens Bank of Massachusetts c,, "SCI ri! '' X • 3 V 'VI / 211, 1 `3. 1 . ��j 1 b. F- :43 �tSti 1'y by Gerald M. Cur in G. 11 1 1 I„ 1,, • Assistant Vice President ski le'•: c.i CJ 0U GY fcn l;. Il't 41 The Commonwealth of Massachusetts • xf Suffolk, ss. April a , 1997 Then personally appeared the above named Gerald M. Curtin, Assistant Vice President and acknowledged the foregoing instrument to be the free act and deed of the Citizens Bank of Massachusetts, before me. h? • ,acini- Notary Public My commission expires: aa.44trat As.; /997 • V O l� DS 1 Y M067242®SDISpecial Documents Deed S� > ['.1 `ic Li Ll t .� () y N N x a! tl.i yr % Vii,I •i jC •I J U v` k' u tie . 1. • BARNSTABLE REGISTRY OF DEEDS TO: YARMOUTH ZONING BOARD OF APPEALS © P Y FROM: MICHAEL B. STUSSE,Attorney for Shoestring Properties Ltd. Partnership DATE: February 8,2018 RE: • 1221 Route 28, South Yarmouth,MA Application for Special Permit and Other Zoning Relief I. BACKGROUND The property which is the subject of this application is located at 1121 Route 28, South Yarmouth, Massachusetts. The property is shown on a - "Layout/Landscape Site Plan of Land at 1121 Route 28, South Yarmouth, MA, 1121 Route 28 South Yarmouth Condominium proposed for Shoestring Properties LP, dated October 5, 2017 reviewed December 6, 2017 in 6 sheets by Down Cape Engineering." Existing conditions at the site consist of a former bank building with parking. Prior appeals concerning the site were Appeal#826,#2201 and recently#4707. The recent appeal granted by the Board of Appeals was to allow the former bank building with drive-through to be changed in use from banking to the manufacture of teeth by way of three dimensional printing. The property is located in a B-2 Business District and Village Center Overlay District — 4 which district allows for mixed use development by way of a special permit. The property is a corner lot for purposes of the zoning bylaw as it has frontage on two public ways. II. PROPOSED USE AND IMPROVEMENTS In addition to the change of use of the bank building that was previously allowed, the applicant wishes to create nine units of residential housing under the condominium form of ownership. - III. ZONING RELIEF REQUIRED A. The Yarmouth Zoning Bylaws at Section 104.4 states that "any legally existing structure or use may be converted to a condominium form of ownership if the board of Appeals fmds that . . . . the condominium document is written with proper management authority." • B. The Yarmouth Zoning Bylaws at Section 414 provides for the creation of four Village Center Overlay Districts. The purposes of the VCOD are as set forth in Section 414.1 and Section 414.1.1. Section 404.2.2 provides that in the event that VCOD standards conflict with other provisions of the zoning bylaw,the VCOD standards apply. Procedures for review and permitting of a VCOD project are set forth in Section 414.3.3. The process requires a Special Permit and the Board of Appeals is the permitting authority. The project must first be reviewed by and obtain a site plan approval from the Yarmouth Planning Board. The Building Department and Planning Board have approved the present plan. The bylaw lists 16 criteria which the Board of Appeals may apply when deciding whether to approve or deny a special permit in a VCOD. They are: 1. Favorable Planning Board Site Plan Review Design. 2. The development provides for a mixed use development 3. The project improves pedestrian access. 4. The project provides for open space. 5. The project uses low impact design. 6. The development reduces curb cuts on Route 28. 7. The development supports the use of public transportation. •2 f 8. Any relief granted for yard setbacks improves the design. 9. Any relief for dimensional setbacks creates a visually attractive access. 10. The relief granted for front setbacks will not interfere with pedestrian access. 11.Not applicable. 12.Not applicable. 13. The project will not create undue nuisance or congestion. 14. The project is consistent with the purposes of the VCOD. 15. The project is consistent with Yarmouth Design Standards; and 16. The project does not violate any design standards of the bylaw. C. The bylaw also provides that the Board of Appeals may grant dimensional variances. Here, the existing drive-through canopy is located 27' from the sideline of Wood Road rather than the required 30'. IV. ZONING CRITERIA SATISFIED A. The Condominium Documents The Board of Appeals may approve the condominium documents as they were drafted by a recognized expert real estate attorney,Bernard Kilroy,Esq. of Hyannis,MA. Additionally, a review of the documents discloses that the master deed and governing documents the requirements of M.G.L. c. 183A,the"Condominium Act". B. The Special Permit There are 16 criteria which must be approved by the Board of Appeals in considering whether to grant the requested Special Permit: Of those—two are not applicable as property is not near Parkers River or Swan Pond. 3 The remaining 14 criteria are: 1. Does the project have a favorable site plan review report from the Planning Board? Yes. 2. Does the project provide for mixed uses. Yes. 3. Does the project improve pedestrian access. Yes. 4. Does the development provide for open space. Yes. 5. Is the project sympathetic to environmental concerns. Yes. 6. Does the development reduce curb cuts on Route 28. Yes. 7. Does the development support the use of public transportation. Yes. 8. Does the requested relief for the front yard setback from Wood Road improve the facade of the exiting building. Yes. 9. Does the requested relief from the front yard setback from Wood Road provide for a visually attractive access to parking areas. Yes. 10. Does the requested relief from the front yard setback from Wood Road interfere with or obstruct a public sidewalk. No. 11.Not applicable. 12.Not applicable. 13. Does the project create undue hazard or congestion. No. 14.Is the requested permit consistent with the purposes of Section 414. Yes. 15. Is the grant for the Special Permit consistent with Yarmouth Architectural Design Standards. Yes. 16.Does the project violate any Yarmouth Architectural Design Standards. No. The Board of Appeals may therefore, consistent with the bylaw, grant the requested relief. 4 C. The Variance The Building Department has requested that the applicant apply for a variance for the front setback requirements from Wood Road to a corner of the drive-through canopy. The applicant asserts that the requirements of the bylaw for the grant of a variance are met where the shape of the lot is triangular, and the lot is a corner lot, create a unique condition, coupled with an existing structure cause a hardship and relief can be granted without harm to the community. The applicant asserts that no variance is required in that Section 414.3.3 allows the Board of• Appeals to vary yard setback requirements at Section 414.3.3 (8), (9),and(10). Additionally, the bylaw at Section 414.2.2. states that in any conflict between Section 414 and other sections of the bylaw, Section 414 shall prevail. Finally Section 7 of chapter 40A was amended,effective November 2, 2016 to provide: "If real property has been improved by the erection or alteration of 1 or more structures and the structures or alterations have been in existence for a period of at least 10 years and no notice of an action, suit or proceeding as to an alleged violation of this chapter or of an ordinance or bylaw adopted under this chapter ' has been recorded in the registry of deeds for the county or district in which the real estate is located or, in the case of registered land,has been filed in the registry district in which the land is located within a period of 10 years from the date the structures were erected, then the structures shall be deemed, for zoning purposes, to be legally non-conforming structures subject to section 6 and any local ordinance or by-law relating to non-conforming structures." As the existing structure was built in approximately 1985, it would appear to qualify as a pre- existing non-conforming structure. As such,the structure must meet the special permit standards rather than the variance criteria. As the special permit criteria under Section 414 are met,the Board of Appeals may grant the desired relief. 5 . • Respectfully submitted, Shoestring Properties LP By its attorney: • /1/ /S Michael B. Stus.e,E� . 25 Mid Tech D 've, Suite C West Yarmouth,MA 02673 (508) 775-3433 mstusse@u,capecodlawyers.com 6 CONDOMINIUM MASTER DEED 1121 Route 28,South Yarmouth Condominium (a) Creation of Condominium. I. The undersigned, SHOESTRING PROPERTIES, LLC, a Massachusetts limited liability company having its principal office at 297 North Street, Hyannis, MA 02601, (the "De- clarant"), being the sole owner of the land with the building thereon with the street ad- dress of 1121 Route 28, South Yarmouth, Barnstable County,Massachusetts,described on Exhibit A which is attached hereto and hereby incorporated herein by this reference and made a part hereof, does hereby, by duly executing and recording this Master Deed, sub- mit said land, together with the building and improvements erected thereon, and all ease- ments, rights and appurtenances belonging thereto, (the "Subject Property") to the provi- sions of Massachusetts General Laws, Chapter 183A(the "Act"), and does hereby state it proposes to create, and does hereby create, a condominium (the "Condominium") with respect to the Subject Property,to be governed by and subject to the provisions of the Act. II. Condominium Phasing. The Declarant plans to develop the Condominium as a phased condominium, each phase of which shall include one or more building(s) (the "Buildings") containing one unit or one or more common facilities or elements or combinations thereof. Section(h)III hereof sets forth the Declarant's reserved easements and rights to add Buildings, Units, and Phases (as such terms are defined below)to the Condominium, and the procedure where- by the Declarant may amend this Master Deed to so add Phases to the Condominium.The Condominium shall initially be composed of Phase I, comprised of Building 1 as de- scribed in Section (c) below and a shed and thirteen(13) exclusive use parking spaces as shown on the site plan described in Section (b) below. The Declarant's intention is to add additional Phases, each of which shall consist of one or more buildings, each building to contain three residential units. If all contemplated Phases are added, the Condominium will consist of a total of ten(10)Units. (b) Description of Land. The premises which constitute the Condominium consists of the land described on Exhibit A which is attached hereto and is hereby incorporated herein by this reference and made a part hereof(the "Land") together with the buildings and improvements thereon. The Declarant hereby expressly reserves to itself and its successors-in-title and their nominees, for a period ending twenty-one (21) years next after the date on which this Master Deed is recorded, the easement, license, right and privilege to pass and repass by vehicle and on foot in,upon, over and to the common areas and facili- ties of the Condominium (hereinafter defined) for all purposes, including but not lim- ited to transportation of construction materials in order to complete construction work on the Condominium. Nothing in this paragraph shall be deemed to create any rights in the general public. The Declarant reserves the exclusive right to grant easements over, under, through and across the common areas and facilities of the Condominium, including but not limited to the land and all buildings,for the purpose of(a) satisfying any special permit or variance requirement for the Town of Yarmouth and (b) in- stalling cable television lines and utilities serving the Units and the common areas and facilities in the Condominium and such other equipment as may be necessary for the installation and operation of the same, and the Declarant reserves the right (but not the obligation) to install cable television lines and such other equipment as may be Page 1 of 16 r necessary for the installation and operation of same in any portions of the Condomin- ium buildings. (c) Description of Buildings. There is one Building, Building No. 1 and the shed on the Land. The Building is de- scribed on Exhibit B which is attached hereto and is hereby incorporated herein by this reference and made a part hereof. The Building contains one (1) Unit (the "Commercial Unit")..Each of the other Buildings to be phased in will contain three residential units (each sometimes referred to as a "Residential Unit", collectively the "Residential Units"). (d) Description of Units and Parking. I. Units. The designation of each Unit, and a statement of its location, approximate area, number of rooms, and immediate common area to which it has access, and its proportionate interest in the common areas and facilities of the Condominium are as set forth on Exhibit C which is attached hereto and is hereby incorporated here- in by this reference and made a part hereof. Except for the Commercial Unit,the Declarant reserves the easement and right to change the number, size, location,and configuration of Units at any time and from time to time as set forth in section (m) hereof. The boundaries of each of the Units with respect to the floors,ceilings,and walls thereof are as follows: A. The Commercial Unit in Building No. I, will consist of the entire structure and foundation and shall have, as appurtenant thereto an EUA ,as defined below, including exclusive use of all of the Land lying east of the points of access to the Condominium from Route 28 and Wood Road with parking areas and the Shed thereon as shown on the site plan filed herewith; B. The Commercial Unit may be used for any lawful purpose allowed under local and state zoning and use laws, as to the Residential Units to be phased in, each Residential Unit shall be a single family residence contained in a tri-plex structure and to that end, the boundaries of each of the Residential Units with respect to the floors, ceilings,walls,doors and windows thereof are as follows: (i) Concrete Floors: as to basements, the plane of the lower surface of the con- crete basement floor slab.As to other floors,the upper surface of the subfloor- ing. (ii) Walls:The plane of the wall studs facing the interior of the Residential Unit. (iii) Doors and Windows: as to exterior doors,door frames, and exterior windows and window frames, the exterior surfaces thereof, but no Residential Unit Owner shall paint, decorate, or in any way alter or change an exterior door, door frame, window or window frame. The maintenance, repair and replace- ment of all exterior doors, door frames, and exterior windows and window frames shall be performed by the Condominium Trust at the expense of the Residential Unit Owner. The Residential Unit Owner shall be responsible for the replacement of all glass in windows and doors. Page 2 of 16 (iv) Residential Units are heated by means of a separate heating, ventilating and air conditioning system, all portions of which, whether located within or with- out the Residential Unit, are a part of the Residential Unit which it serves. (v) Each Residential Unit includes the ownership of all utility installations (in- cluding but not limited to a hot water heater) whether or not contained therein set aside for the exclusive use of said Residential Unit, which exclusively serve the Residential Unit. (vi) The Commercial Unit and each Residential Unit shall have as appurtenant thereto the right and easement to use, in common with the other Units served thereby, all utility lines and other common facilities which serve it, but which are located in or pass through the streets and ways on the Subject Property herein referred to,the common areas and facilities. (vii) The Commercial Unit shall have the exclusive right to use as limited com- mon area appurtenant thereto, all of the Land lying east of the points of access to the Condominium from Route 28 and Wood Road with parking areas and the shed thereon. Each Residential Unit shall have the exclusive right to use as limited common area appurtenant thereto the driveway, patio and walkway which serve the Unit as shown on the Site Plan (as defined in Section f). This limited common area is herein called an"Exclusive Use Area"or an"EUA." (viii) Each Unit shall have as appurtenant thereto the right to use the Common Ar- eas and Facilities, as described in Section (e)hereof, in common with the oth- er Units in the condominium, except for the EUAs which are reserved for the exclusive use of the Units to which such EUAs appertain. II. Patios. Certain Residential Units have direct access to a patio, which shall be located on the EUA appurtenant to the Unit. Patios shall not be enclosed or used as rooms unless the Patio was enclosed by the Declarant. The responsibility to maintain,re- pair and replace all non-structural portions of a patio shall be that of the owner of the Unit to which such patio is appurtenant. Structural repairs and replacement shall be the responsibility of the Condominium Trust. Unit Owners whose Units have direct access to a patio shall maintain, repair and replace the patio in a neat and orderly condition. III. Heating and Cooling Systems. Each Residential Unit is heated by means of a separate Unit-controlled gas fired heating and air conditioning system(a"Unit HVAC System"). Hot water for each Unit is supplied by a gas hot water heater located in the Unit. Each Unit Owner shall be responsible for (a) the cost heating and cooling his Unit, (b) the maintenance, operation, repair, and replacement of, and electricity required to operate (x) the Unit HVAC System, including all portions of the same whether located within or without the Unit(y)the hot water heater in his Unit,and (z) all pipes, wires, controls, conduits, and equipment appurtenant to the forego- ing,whether located within or without the Unit. The Trustees shall be responsible for the maintenance, operation, repair and re- placement of the heating and cooling systems that serve areas of the Condomini- Page 3 of 16 urn other than Units. However, the Owner of the Commercial Unit shall be solely responsible for these costs and expenses with respect to the Commercial Unit and shall not be required to contribute toward these expenses with respect to the other Units or areas of the Condominium other than Units now or in the future located within the Condominium. Each Residential Unit Owner shall keep his Unit heated to a temperature of not less than 50 degrees Fahrenheit to avoid the possibility that pipes will freeze. IV. Parking. (i) Each Residential Unit will have one exclusive use parking space. The Com- mercial Unit currently has thirteen (13) exclusive parking spaces. The Com- mercial Unit shall have the right to increase or decrease the number of exclu- sive parking spaces on the Land to which it has a the EUA, subject to munici- pal approval. (ii)The Trustees shall maintain (including but not limited to the removal of snow and ice), and repair all driveways and exterior paved surfaces on the Land ex- cept that portion of the Land to which the Commercial Unit has an EUA, as a part of the Condominium budget. The only common area charge the owner of the Commercial Unit shall be required to contribute to on a pro rata share shall be the cost of maintenance and snow removal for the access roads into the Condominium only. The Commercial Unit owner shall not be responsible for any part of the cost of snow removal, maintenance or installation of the remaining parking lot, walkways or common area improvements which serve or benefit the Residential Units now or in the future, but shall be solely re- sponsible for the portion of the Land to which the Commercial Unit has an EUA. (iii) Driveways may not be used for any purpose except the parking of operative vehicles. Storage shall not be permitted in driveways. Boats, trailers, unregis- tered vehicles, or inoperable vehicles shall not be parked in driveways or elsewhere on the Land. Garage doors shall be kept closed when not in use. (e) Description of Common Areas and Facilities and The Proportionate Interest of Each Unit Therein. The common areas and facilities of the Condominium (the "common areas and facili- ties") consists of the Land as described in paragraph (b) ("Description of Land") of this Master Deed and all parts of the Buildings,except Building No. 1 as described in paragraph (c) ("Description of Buildings") of this Master Deed, other than the Units described on Exhibit C hereto, subject further to the provisions regarding Patios set forth in Section (d)II, the provisions regarding heating and cooling systems set forth in Section (d)III, and the provisions regarding parking set forth in Section (d)IV. EUAs as described in Section (d)I, Patios as described in Section (d)II, and Unit HVAC Systems as described in Section (d)III are herein collectively defined as "Ex- clusive Appurtenances"). Without limiting the foregoing language in this paragraph (e), the common areas and facilities of the Condominium include: (i) the Land described in paragraph (b) ("Description of Land") of this Master Deed, subject to the provisions regarding EUAs set forth in Section (d)I and subject to the provisions regarding parking set forth in Section(d)IV hereof; Page 4of16 (ii) septic system; (iii) exterior lighting devices and wires and poles serving the same, other than such of same as are connected to Units; (iv)all other portions of the Subject Property including those portions listed as com- mon areas in the Act, except for the Units described on Exhibit C hereto, subject to the provisions regarding EUAs. The proportionate interest of each Unit of the Condominium in the common areas and facilities of the Condominium shall be as set forth on Exhibit C which is attached hereto and is hereby incorporated herein by this reference and made a part hereof. (f) Master Plans. A set of the floor plans of the Buildings showing the layout, location, Unit numbers' and dimensions of the Units, and bearing the verified statement of a Registered Archi- tect certifying that the plans fully and accurately depict the layout, location, Unit number and dimensions of the Units as built, all pursuant to the Act, have been rec- orded simultaneously with the recording of this Master Deed.A site plan showing the footprint of the Buildings and the EUAs (the"Site Plan")has also been recorded sim- ultaneously with the recording of this Master Deed. Said set of plans, herein some- times called the "Master Plans" is hereby incorporated herein by this reference and made a part hereof. (g) Use of Units. (i) Except for the Commercial Unit which may be used for any use permitted by the zoning by-laws of the town of Yarmouth, MA, all other Units shall be used for residential purposes. Any of the Residential Units may also be used as an office but only(x) accessory to residential use, and (y) only if and to the extent such ac- cessory office use is permitted by applicable zoning laws, and (z) the visitation to such office by clients or business invitees shall be substantially infrequent. (ii)No Unit shall be used or maintained in a manner inconsistent with this Master Deed, or the Declaration of Trust of the Condominium Trust and the By Laws of the Condominium Trust and the rules and regulations from time to time adopted pursuant thereto; and (iii) Notwithstanding the foregoing, until the Declarant or its successors-in-title or their nominees have sold and conveyed all of the Units and parking spaces, the Declarant or its successors-in-title or their nominees may use one or more Units for sales offices, models and other purposes, and may rent, lease or license Units and parking spaces. (iv)All rentals, leases, or licenses of Units shall be subject to the provisions of this Master Deed and of the Declaration of Trust of the Condominium Trust and the By-Laws and Rules and Regulations thereto and all tenants, occupants and licen- sees of Units shall be obligated to observe all of the provisions of this Master Deed, the Declaration of Trust of the Condominium Trust and the By-Laws and Rules and Regulations thereto.Any lease or rental of a unit (other than a lease or rental by the Declarant)shall be subject to the following: A. the lease or rental agreement shall be in writing, Page 5of 16 B. the lease or rental agreement shall apply to the entire unit, and not a portion thereof, C. the term of the lease or rental agreement shall be not less than six(6)months, D. the lease or rental agreement shall expressly provide that the lease or rental agreement is subject to the condominium documents including the age re- striction, and E. a copy of the lease or rental agreement shall be provided to the Condominium Trust. (h) Amendment of Master Deed. I. Except as set forth in Sections (h)II, h(III), and(m)hereof, this Master Deed may be amended by (i) vote of the owners of Units entitled to not less than sixty-seven (67%) percent of the undivided interests in the common areas and facilities, and (ii) the assent of not less than fifty-one (51%) percent (except in cases where a higher percentage is required by Section 32 of the By-Laws of the Condominium Trust, in which case such higher percentage specified in said Section 32 shall be applicable) of the holders of first mortgages on the Units(based upon one vote for each mortgage owned) but only if such amendment would materially affect the rights of any mortgagee, and (iii) vote of a majority of the Trustees. My such amendment shall be effective when an instrument in writing, signed and acknowl- edged in proper form for recording by a majority of the Trustees, who certify un- der oath in such instrument that the amendment has been approved by the requi- site vote of Unit Owners, first mortgagees and Trustees set forth in the first sen- tence of this paragraph, is duly recorded in the Barnstable County Registry of Deeds, provided,however,that: A. No such instrument shall be of any force or effect unless and until the same has been recorded in said Registry of Deeds within six (6) months after the requisite vote of the Unit Owners and the Trustees, and the requisite assent of first mortgagees has taken place; and B. The percentage of the undivided interest of each Unit Owner in the common areas and facilities as expressed in this Master Deed shall not be altered with- out the consent of all Unit Owners whose percentage of the undivided interest is affected,as expressed in an amended Master Deed duly recorded;and C. No instrument of amendment which alters the dimensions of any Unit shall be of any force or effect unless the same has been signed and acknowledged in proper form for recording by the owner or owners and mortgagee or mortga- gees of the Units so altered;and D. No instrument of amendment which alters the rights of the Declarant, or the rights of Unit Owners respecting EUAs shall be of any force or effect unless the same has been signed and acknowledged in proper form for recording by, respectively, the Declarant, so long as the Declarant owns any Unit in the Condominium; or the owners of Units or Unit entitled to the EUA with respect to any proposed amendment dealing with EUA or portions thereof;and E. No instrument of amendment which alters this Master Deed in any manner contrary to or inconsistent with the provisions of the Act shall be of any force or effect. Page 6 of 16 II. Notwithstanding anything to the contrary herein, so long as the Declarant owns any Unit in the Condominium, the Declarant shall have the right, at any time and from time to time, to amend this Master Deed without the consent of any other Unit Owners or any of the Trustees,to meet the requirements of any governmental or quasigovemmental body or agency, or the requirements of any insurance com- pany or insurance underwriting office or organization,or the requirements of Fed- eral National Mortgage Association, Federal Home Loan Mortgage Corporation, Massachusetts Housing Finance Agency, the secondary mortgage market, or any institutional lender, or to correct typographical or clerical errors, or to cure any ambiguity, inconsistency or formal defect or omission. III. As stated in Section(a)(II) above,the Condominium is planned to be developed as a phased condominium, each phase of which shall include one or more Buildings and Units and may include other appurtenances.Notwithstanding anything in this Master Deed or in the Condominium Trust to the contrary, the Declarant hereby reserves to itself and its successors and assigns (and any party, including but not limited to a mortgagee or mortgagees, to whom the Declarant specifically assigns its easements and rights set forth in this Section, whether absolutely or by way of security)the following easements and rights: A. The Declarant shall have the right and easement (but not the obligation) to construct, erect and install on the Land in such locations as the Declarant shall in the exercise of its discretion determine to be appropriate or desirable: (i) Additional Building(s)and Units; (ii)Additional roads, driveways, porches, decks, garages and garage drive- ways,and parking areas,walks and paths; (iii) New or additional fences or decorative barriers or enclosures, and other structures of every character; (iv)New or additional conduits, pipes, satellite dishes, wires, poles and other lines, equipment and installations of every character for the furnishing of utilities; and (v) All and any other buildings, structures, improvements and installations as the Declarant shall determine to be appropriate or desirable to the devel- opment of the Condominium as a phased condominium. B. For so long as it owns any Unit, the Declarant shall have the same rights as any other Unit owner and shall have the right and easement to: (i) lease,rent and license the use of any unsold Unit, Garage or Exterior Park- ing Space; (ii)use any Unit owned by the Declarant as a model for display for purposes of sale or leasing of Units;and (iii)use any Unit owned by the Declarant as an office for the Declarant's use. C. The Declarant and its authorized agents, representatives and employees shall have the right and easement to erect and maintain on any portion of the Con- dominium, including in or upon the buildings and other structures and im- provements forming part thereof(excepting a Unit owned by one other than Page 7 of 16 the Declarant), such sales signs and other advertising and promotional notices, displays and insignia as it shall deem necessary or desirable. D. The Declarant and its contractors shall have the right and easement to enter upon all or any portion of the common areas and facilities of the Condomini- um with workers, vehicles, machinery and equipment for purposes of con- structing, erecting, installing, operating, maintaining, repairing, modifying,re- building, replacing, relocating and removing structures and their appurte- nances, utilities of every character, roads, drives, walks and all such other structures and improvements as the Declarant shall deem necessary or desira- ble to complete the development of the Condominium, including the devel- opment and addition to the Condominium of future Phase(s) as permitted by this Section(h)III and the development of additional common areas and facili- ties should the Declarant elect to develop same pursuant to the rights reserved to the Declarant in this Section (h)III. This easement shall include the right to store at, in or upon the common areas and facilities of the Condominium tem- porary structures, vehicles, machinery, equipment, and materials used or to be used in connection with said development work for such periods of time as shall be conveniently required, in the Declarant's reasonable discretion, for said development work. This easement shall not be construed to limit or re- strict the scope of any easements granted for the purpose of facilitating devel- opment and expansion of the Condominium under the provisions of any other paragraph of this Master Deed or any other instrument or document, or under applicable law or regulation. E. Ownership of all Units and all appurtenances thereto, constructed by or for the Declarant pursuant to the said reserved rights and easements shall remain vested in the Declarant who shall have the right to sell and convey said Units without accounting to any party with respect to the proceeds of such sales. F. The following sub-paragraphs are set forth to further describe the scope of the Declarant's reserved rights and easements under this Section(h)III: (i) Time Limit After Which the Declarant May No Longer Add New Phases. The Declarant's reserved rights to amend this Master Deed to add all, or any portion or portions of, Phases to the Condominium and/or to add new Units to the Condominium as part of future Phases shall expire twenty-one (21) years after the date of the recording of this Master Deed; provided, however, that said reserved rights shall sooner expire upon the first to oc- cur of the following events: (1) The total Units then included in the Condominium by virtue of this Master Deed and subsequent amendments hereto pursuant to this Sec- tion reach the maximum limit allowed by law;or (2) The Declarant shall record with the Barnstable County Registry of Deeds an unambiguous statement specifically limiting or relinquishing its reserved rights to amend this Master Deed to add additional Phases and Units to the Condominium. (ii) Size of Phases. A phase may consist of any number of Buildings, Units, porches, decks, garages, and other appurtenances; provided, however, that the maximum total number of permitted Units for the entire Condominium shall not exceed ten. The Declarant shall have the right to construct Build- ings and Units and Phases and add same to the Condominium in any order, Page 8of16 and the Declarant shall not be obligated to construct Buildings or Units or Phases in numerical order, but may construct Buildings, Units or Phases and add Buildings, Units and Phases to the Condominium in any order which the Declarant may desire. A Phase may consist of the re- configuration of a Unit into two or more Units. (iii) Maximum Number of Units Which May be Added by Future Phases.The Declarant may amend this Master Deed to add up to nine more Units to the Condominium as part of future phases. (iv)The Declarant may exercise its phasing rights hereunder and add future Phase(s), including Buildings and Units and Exclusive Appurtenances therein, to the Condominium by unilaterally executing at any time and from time to time, without the need for the consent (except as in this Sec- tion (h)(III) already granted) or signature of any owner, or any mortgagee, or any trustee of the Condominium Trust, or any person claiming by, through, or under any owner(including the holder of any mortgage or oth- er encumbrance with respect to any Unit), or any other party,and recording with the Barnstable County Registry of Deeds amendment(s) to this Mas- ter Deed which shall contain the following: (1) An amended Exhibit B describing the Building(s) being added to the Condominium. (2) An amended Exhibit C describing the designations, locations, approx- imate areas, numbers of rooms, immediately accessible common areas and facilities and other descriptive specifications of the Unit(s) being added to the Condominium, as well as describing any variations in the boundaries of such Units from those boundaries set forth in Section(d) of this Master Deed, and setting forth the new percentage ownership interests for all Units in the common areas and facilities of the Con- dominium based upon the addition of the such Unit(s). Such percent- age ownership shall be calculated in accordance with Chapter 183A. (3) If the boundaries of the Unit(s) being added to the Condominium vary from those described in said Section (d), the definition of the common areas and facilities contained in Section(e)hereof shall be modified,as necessary, with respect to such Unit(s). (4) Floor plan(s) for the new Units being added to the Condominium, which floor plan(s)shall comply with the requirements of the Act. (5) It is expressly understood and agreed that all Unit owners, and all per- sons claiming, by through or under Unit owners, including the holders of any mortgages or other encumbrances with respect to any Unit, all mortgagees, and the Trustees of the Condominium Trust shall be deemed to have consented to all amendments adding new phases to the Condominium and all other amendments made pursuant to this Section (h)III and the only signature which shall be required on any such amendment is that of the Declarant or its successors or assigns. Any such amendment, when so executed by the Declarant,or its successors or assigns, and recorded with the Barnstable County Registry of Deeds shall be conclusive evidence of all facts recited therein and of compli- ance with all prerequisites to the validity of such amendment in favor of all persons who rely thereon without actual knowledge that such Page 9 of 16 facts are not true or that such amendment is not valid. Each Unit owner understands and agrees that as additional Phase(s) are added to the Condominium by amendment to this Master Deed pursuant to the De- clarant's reserved rights hereunder, the percentage interest of his Unit in the common areas and facilities, together with his Unit's concomi- tant interest in the Condominium Trust and liability for sharing in the common expenses of the Condominium, shall be reduced, and be based upon the value of his Unit then in proportion to the estimated aggregate fair value of all Units in the Condominium; and each Unit owner consents to the said change in the percentage interest. These new percentage interests shall then be set forth in the aforesaid amend- ed Exhibit C which is to accompany each amendment to this Master Deed which adds a new Phase to the Condominium,and such new per- centage interests shall be effective upon the recording of each such amendment to this Master Deed. In any event, the new percentage in- terests shall be set in accordance with the provisions of the Act. (v) Every Unit Owner by the acceptance of a deed to his Unit thereby consents for himself, his heirs, administrators, executors, successors and assigns and all other persons claiming by, through or under him (including the holder of any mortgage or other encumbrance) or any other party whatso- ever, to the Declarant's reserved easements and rights under this Section (h)III and expressly agrees to said alteration of his Unit's appurtenant per- centage interest in the common areas and facilities of the Condominium when new Phase(s) are added to the Condominium by amendment to this Master Deed pursuant to this Section(h)III. (vi)In the event that, notwithstanding the provisions of this Section (h)III to the contrary, it shall ever be determined that the signature of any Unit owner, other than the Declarant or its successors and assigns, is required on any amendment to this Master Deed which adds a new Phase to the Condominium, then the Declarant, its successors and assigns shall be em- powered, as attorney-in-fact for the owner of each Unit in the Condomini- um, to execute and deliver any such amendment by and on behalf of and in the name of each such Unit owner; and each Unit owner(whether his deed be from the Declarant as grantor or from any other party) hereby consti- tutes and appoints the Declarant as his attorney-in-fact for such purpose. This power of attorney is coupled with an interest, and hence shall be ir- revocable and shall be binding upon each and every present and future owner of a Unit in the Condominium, and all other persons claiming by, through or under him (including the holder of any mortgage or other en- cumbrance)or any other party whatsoever. (vii) All Units shall be substantially completed prior to being added to the Condominium by amendment of this Master Deed. All future Phases will be consistent with the initial improvements in terms of quality of construc- tion. (viii) Notwithstanding anything herein to the contrary, the Declarant shall not be compelled to add any Phase(s), Units, or any other structure or facility whatsoever to the Condominium. (i) Condominium Unit Owners'Association. Page 10 of 16 The name of the Condominium Trust which has been formed and through which the Unit Owners will manage and regulate the Condominium hereby established is the 1121 Route 28, South Yarmouth Condominium Trust under Declaration of Trust of even date to be recorded herewith. The initial address of the Trust is 297 North Street, Hyannis, MA. Subsequent to the expiration of the term of the Initial Board, the ad- dress of the Trust will be 1121 Route 28, South Yarmouth, MA. Said Declaration of Trust establishes that all Unit Owners in the Condominium shall be beneficiaries of said Condominium Trust and that the beneficial interest of each Unit Owner in said Condominium Trust shall be the same percentage interest as his percentage of undi- vided interest in the common areas and facilities as established by this Master Deed. The names and address of the initial Trustee of said Condominium Trust and its term of office are as follows: Stuart Bornstein, 297 North Street, Hyannis, MA 02601 and Robert T. Palma, Jr., 110 Main Street,Kingston,MA 02364. Term:As set forth in the Declaration of Trust of 1121 Route 28 South Yarmouth Con- dominium Trust. The Trustees have enacted By-Laws pursuant to the Act, which are set forth in the Declaration of Trust of said Trust which is recorded herewith. (j) Name of Condominium. The Condominium hereby established shall be known as "1121 Route 28 South Yarmouth Condominium". (k) Encroachments. If any portion of the common areas and facilities now encroaches upon any Unit,or if any Unit now encroaches upon any other Unit or upon any portion of the common ar- eas and facilities, or if any such encroachment or encroachments shall occur at any time or from time to time hereafter as the result of: (1) settling of the Buildings, or(2) condemnation or eminent domain proceedings, or (3) alteration or repair of the com- mon areas and facilities or any part thereof done pursuant to the provisions of this Master Deed as the same may be from time to time amended, or the provisions of the Declaration of Trust and the By-Laws and Rules and Regulations thereto, as the same may be from time to time amended, or(4)repair or restoration of the Buildings or any Unit therein after damage by fire or other casualty, then and in any of the foregoing events, a valid easement shall exist for such encroachment and for the maintenance of same for so long as the Buildings stand. (I) Pipes, Wires, Flues, Ducts, Conduits, Plumbing Lines and Other Common Facilities Located Inside of Units. Each Unit Owner shall have an easement in common with the owners of the other Units to use all pipes, wires, flues, ducts, conduits, plumbing lines and other portions of the common areas and facilities located in the other Units and serving his Unit. Each Unit shall be subject to an easement in favor of the owners of the other Units to use all pipes, wires, flues, ducts, conduits, plumbing lines and other portions of the common areas and facilities serving such other Units and located in a Unit. Subject to the provisions of the Condominium Trust, the Trustees shall have a right of access to each Unit and each Lot and each Exclusive Appurtenance, to inspect the same, to re- move violations there from and to maintain, repair or replace any portions of the Page 11 of 16 common areas and facilities contained therein or elsewhere in the Buildings. Nothing in this Section shall be deemed to grant to any Unit Owner the right of access to any Unit other than his own. (m)Certain Changes. I. Changes in Unit Configurations. In order to meet the requirements of prospective condominium Unit buyers, and for additional marketing and other considerations, the Declarant hereby reserves for itself, and its successors and assigns, the easement, right and power, without the consent of any Unit Owner or any mortgagee, or any of the Trustees, to unilat- erally amend this Master Deed at any time and from time to time to change the number, size, location, and configuration of Units owned by the Declarant at any time and from time to time, provided that contemporaneously with the recording of said amendment a plan conforming with the requirements of the Act shall be prepared and recorded at the Declarant's expense showing such changes.The De- clarant shall have the easement, right and power to combine Units with adjacent common areas and facilities for the purpose of creating a larger Unit,The Declar- ant will make no unilateral change in a Unit after it has been conveyed to a third party. II. Consent. Each Unit Owner, by acceptance of the delivery of the deed to his Unit, shall thereby have consented to the provisions of this Section (m) including without limitation the right of the Declarant, its successors and assigns to unilaterally amend this Master Deed pursuant to this Section (m) without the requirement or necessity of securing any further consent or the execution of any further docu- ments by such Unit Owner. For the purposes of this Section(m), each Unit Own- er, by acceptance of a deed to a Unit in the Condominium, constitutes and ap- points the Declarant, its successors and assigns, attorney-in-fact for each such Unit Owner, which power of attorney is coupled with an interest and is irrevoca- ble, and shall run with the land and be binding upon such Unit Owner's heirs and assigns to make such amendment(s). Furthermore, each Unit Owner shall cooper- ate with the Declarant, its successors and assigns, if requested, in connection with Declarant's efforts to obtain any zoning relief from the town of Stoughton which the Declarant may seek to effectuate the purpose of this Section (m), and not in any way to object to or to impede the efforts of the Declarant, its successors and assigns, and the Declarant's agents and other designees, to obtain such zoning re- lief, to perform construction, and to amend this Master,Deed at any time and from time to time as set forth in this Section(m). III. Non Load-Bearing Partitions. Any Unit Owner shall have the right to move, demolish, or alter an interior non load-bearing partition in his Unit. No Unit Owner shall move, alter or affect any structural or load bearing wall or member or any exterior wall or feature. (n)All Units Subject to Master Deed, Unit Deed, and By-Laws and Rules and Regula- tions of the Condominium Trust. All present and future owners, visitors, servants and occupants of Units shall be sub- ject to, and shall comply with, the provisions of this Master Deed as the same may be from time to time amended,the Unit deed, the Declaration of Trust of the Condomin- Page 12 of 16 ium Trust and the By-Laws, and the Rules and Regulations of the Condominium Trust as the same may be from time to time amended and the rights, easements, agreements • and restrictions of record and all matters set forth on Exhibit A hereto insofar as the same now are, or are in the future, in force and applicable. The acceptance of a deed or conveyance or the entering into occupancy of any Unit shall constitute an agree- ment that the provisions of this Master Deed as the same may be from time to time amended, and the said rights, easements, agreements and restrictions, and all matters set forth on Exhibit A hereto, and the Unit deed, and the Declaration of Trust of the Condominium Trust and the By-Laws and Rules and Regulations thereto, as the same may be from time to time amended, are accepted and ratified by such owner, visitor, servant or occupant,and all of such provisions shall be deemed and taken to be cove- nants running with the land and shall bind any person having at any time any interest or estate in such Unit as though such provisions were recited or stipulated at length in each and every deed or conveyance or lease or occupancy agreement hereof. (o) Assignability. All rights, easements and powers reserved to the Declarant and its successors and as- signs in this Master Deed and in the Declaration of Trust of the Condominium Trust, and the By-Laws and Rules and Regulations thereto, including, but not limited to the easements, rights and powers reserved in Section (m) may be conveyed and assigned by the Declarant and its successors and assigns, absolutely or as security, as appurte- nant rights and powers, or to be held in gross,provided that any such assignee of the Declarant assumes and agrees to be bound by all of the obligations of the Declarant set forth in this Master Deed and in the Declaration of Trust of the Condominium Trust, and the By-Laws and Rules and Regulations thereto, provided, however,that if such assignee is an institutional mortgagee such mortgagee shall only be bound by such obligations of the Declarant to the extent that such mortgagee expressly assumes such in writing at the time of such assignment or to the extent that such obligations are appurtenant to any Units as to which such mortgagee is the Declarant's successor- in-interest. A purchaser of one or more Unit which constitutes less than all of the Units then owned by the Declarant shall not be deemed the "successor or assign" of the Declarant for purposes of this Section except as to the specific Unit(s) conveyed to such grantee, unless the instrument of conveyance or assignment (which may be a portion of a deed) specifically refers to this Section and unambiguously states that the grantee shall be deemed the successor and assign of the Declarant and such instru- ment is recorded in said Registry of Deeds. (p) Invalidity. The invalidity of any provision of this Master Deed shall not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of this Mas- ter Deed, and, in such event, all of the provisions of this Master Deed shall continue in full force and effect as if such invalid provision had never been included herein. (q) Waiver. No provision contained in this Master Deed shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches that may occur. Page 13 of 16 (r) Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of this Master Deed or the intent of any provisions hereof. (s) Conflicts. This Master Deed is set forth to comply with the requirements of the Act. In case any of the provisions stated above conflict with the provisions of the Act, the provisions of the Act shall control. (t) Non-Recourse. Notwithstanding anything to the contrary contained in this Master Deed, any liability or claims against the Declarant hereof shall be strictly limited to the Declarant's inter- est in the Subject Property, and in no event shall any recovery or judgment be sought against any of the Declarant's other assets (if any) or against any of the Declarant's members, managers, or any director, officer, employee or shareholder of any of the foregoing. Further, in no event shall any claimant be entitled to seek or obtain any other damages of any kind, including, without limitation, consequential, indirect or punitive damages. EXECUTED as an instrument under seal this day of , 2017 SHOESTRING PROPERTIES,LLC By: ,Manager COMMONWEALTH OF MASSACHUSETTS Suffolk,ss. On this day of , 2017, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification,which was a Massachusetts driver's license,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that she signed it voluntarily for its stated purpose. , Notary Public My Commission Expires: Page 14 of 16 1121 ROUTE 28 SOUTH YARMOUTH CONDOMINIUM EXHIBIT A Incorporated by reference into and made a part of the Master Deed of 1121 ROUTE 28 SOUTH YARMOUTH CONDOMINIUM DESCRIPTION OF LAND The land together with the buildings and other improvements thereon located at 1121 Route 28,Yarmouth(South),Barnstable County Massachusetts and described as follows: Being all of the land shown on Land Court Plans No.24634-A and 25978-A. For title see Certificate of Title No. 144241. Page 15 of 16 1121 ROUTE 28 SOUTH YARMOUTH CONDOMINIUM EXHIBIT B Incorporated by reference into and made a part of the Master Deed of 1121 ROUTE 28 SOUTH YARMOUTH CONDOMINIUM DESCRIPTION OF BUILDING There is one(1)Building, Building No. 1, and a shed on the Land. The Building contains one (1) Unit. The Building has concrete footings on a slab. The Building is constructed of wood, with wood joists. The roof is asphalt shingle. Attached to the Building is a carport. 1121 ROUTE 28 SOUTH YARMOUTH CONDOMINIUM EXHIBIT C Incorporated by reference into and made a part of the Master Deed of 1121 ROUTE 28 SOUTH YARMOUTH CONDOMINIUM. DESCRIPTION OF UNITS The description of the Unit, and statement of its location,approximate area,number and des- ignation of rooms, and immediate common area to which it has access, and its proportionate in- terest in the common areas and facilities of the Condominium,are as set forth in this Exhibit C: UNIT DESIGNATION STATEMENT OF APPROXIMATE AREA UNIT IMMEDIATE PROPOR- UNIT LOCATION OF UNIT IN SQUARE TYPE COMMON AREA TIONATE FEET TO WHICH UNIT INTEREST OF HAS ACCESS UNIT IN COMMON AREAS AND FACILITIES Commercial Unit 1 Building 1 3816 sq.ft. Doors to exterior 100% and the parking lot 'The proportionate and common area Interest in the corn- to which the Com- mon areas and facili- mercial Unit has an ties will be reduced as EUA additional units are phased into the Con- dominium All land located to the West of the Condominium access road and the 13 parking spaces as shown on the attached Plan. Page 16 of 16 1121 Route 28 South Yarmouth Condominium Trust Table of Contents Article I. Name of Trust II. The Trust and Its Purpose III. The Trustees IV. Beneficiaries and the Beneficial Interest in the Trust V. By-Laws Section 1. Powers and Duties of Trustees Section 2. Common Expenses,Profits and Funds Section 3. Insurance Section 4. Rebuilding and Restoration; Improvements Section 5. Rules and Regulations Section 6. Meetings Section 7. Notices to Unit Owners Section 8. Inspection of Books;Reports to Unit Owners Section 9. Checks,Notes,Drafts and Other Instruments Section 10. Seal Section 11.Fiscal Year Section 12.Maintenance of Units VI. Rights and Obligations of Third Parties;Dealing With the Trustees;Limitation of Liability VII. Amendments and Termination VIII. Sale of Units IX. Disputes X. Construction and Interpretation Schedule A--Rules and Regulations Declaration of Trust This Declaration of Trust made this day of , 2017 by STUART BORNSTEIN, with an address of 297 North Street,Hyannis,Massachusetts,and ROBERT T.PALMA,JR.,of 110 Main Street,Kingston,Massachusetts,(hereinafter collectively called the"Trustees",which term and any pronoun referring thereto shall be deemed to include their successors in trust hereunder and to mean the Trustee or Trustees for the time being hereunder,wherever the context so permits). WITNESSETH: ARTICLE I Name of Trust The Trust hereby created shall be known as "1121 ROUTE 28 SOUTH YARMOUTH CONDOMINIUM TRUST",and under that name, so far as legal, covenant and practicable, shall all business carried on by the Trustees be conducted and shall all instruments in writing by the Trustees be executed. ARTICLE II The Trust and Its Purpose Section 1. All of the rights and powers in and with respect to the common areas and facilities (hereinafter called the "Common Elements") of the 1121 Route 28 South Yarmouth Condominium (hereinafter called the "Condominium"), established by a Master Deed of even date and recorded herewith,which are by virtue of the provisions of Chapter 183A of the Massachusetts General Laws conferred upon or exercisable by the organization of unit owners of the Condominium, and all property,real and personal,tangible and intangible,conveyed to the Trustees hereunder shall vest in the Trustees as joint tenants,with right of survivorship, as Trustees of this Trust,in trust to exercise, manage, administer and dispose of the same and to receive the income thereof for the benefit of the owners of record from time to time of units of the Condominium (hereinafter called the "Unit Owners"),according to the schedule of beneficial interest set forth in the Master Deed,as provided in Article IV, Section 1,hereof,and in accordance with the provisions of said Chapter 183A,this Trust being the organization of the Unit Owners established pursuant to the provisions of said Chapter 183A for the purposes therein set forth. Section 2. It is hereby expressly declared that a trust and not a partnership has been created and that the Unit Owners are beneficiaries and not partners or associates or any other relation whatever among themselves with respect to the trust property,and hold no relation to the Trustees other than as beneficiaries, with only such rights as are conferred upon them as such beneficiaries hereunder and under and pursuant to the provisions of said Chapter 183A. ARTICLE III The Trustees Section 1.There shall be a Board of Trustees hereunder consisting initially of two(2)individuals chosen by the SHOESTRING PROPERTIES,LLC(the"Declarant"),each to serve for a term which shall expire at the annual meeting of Unit Owners on May 15, 2021 unless such term shall expire earlier, as hereinafter provided. The initial two Trustees so chosen are the Trustees named herein: STUART BORNSTEIN and ROBERT T. PALMA, JR. Any vacancy in the office of a Trustee appointed by the Declarant shall be filled by the Seller. Within thirty (30) days from the sale of the last Residential Unit, and (a) if the Declarant shall then own at least twenty per cent (20%) of the beneficial interest hereunder, two (2) additional Trustees shall be elected from among the Unit Owners, by majority (in beneficial interest) vote of Unit Owners other than the Declarant (who shall not be entitled to vote for said two (2) additional Trustees at such meeting);or(b)if the Declarant shall then own less than twenty per cent(20%)of the beneficial interest hereunder,the term of each Trustee then serving shall expire,and five(5)Trustees shall be elected by majority(in beneficial interest)vote of unit Owners,including the Declarant as an owner of units, if any. If clause (a) of the next preceding sentence shall be applicable, then at the annual meeting of Unit Owners next following the date when the Declarant owns less than twenty per cent(20%)of the beneficial interest hereunder,the term of each Trustee then serving shall expire,and five(5)Trustees shall be elected for a term of three(3)years by majority(in beneficial interest)vote of Unit Owners, including the Seller as an owner of Units, if any. In any event, regardless of the percentage of beneficial interest hereunder owned by Declarant, if the term of the Trustees initially chosen by Declarant shall not have expired as aforesaid, the term of such Trustees and of all other Trustees then serving shall expire at the annual meeting of the Unit Owners on {}, and at such meeting five (5) Trustees shall be elected for a term of three (3) years by majority (in beneficial interest)vote of Unit Owners,including the Declarant as owner of Units,if any. Except as hereinabove specifically provided,at all meetings of Unit Owners,the Declarant shall be entitled to the same voting rights as any other Unit Owners,as to Units owned by the Declarant. The Board of Trustees shall consist of not less than three (3)nor more than seven(7)Trustees, unless there are less than three (3) Unit Owners in which event there shall be as many Trustees as there are Unit Owners. Each vacancy in the office of a Trustee shall be filled by instrument in writing setting forth: (a) the appointment of a natural person to act as such Trustee,signed:(i)by the Declarant(if the vacancy is in the office of a Trustee chosen by the Declarant or by Unit Owners(in the case of a vacancy in the office of a Trustee not chosen by the Declarant) entitled to more than fifty per cent (50%) of the beneficial interest hereunder,or(ii)if Unit Owners entitled to such percentage have not within thirty (30) days after the occurrence of such vacancy made such appointment, by a majority of the then remaining Trustees,or by the sole remaining Trustee if there be only one; and (b)the acceptance of such appointment, signed and acknowledged by the person so appointed. Such appointment shall become effective upon the recording with Barnstable County Registry of Deeds of a certificate of such appointment, signed and accepted as aforesaid,and such person shall then be and become such Trustee and shall be vested with the title to the trust property,jointly with the remaining or surviving Trustees or Trustee,without the necessity of any act of transfer or conveyance. If for any reason any vacancy in the office of Trustee shall continue for more than sixty(60) days and shall at the end of that time remain unfilled,a Trustee or Trustees to fill such vacancy or vacancies may be appointed by any court of competent jurisdiction upon the application of any Unit Owner and notice to all Unit Owners and Trustees and to such other parties in interest, if any, to whom the court may direct that notice be given. The foregoing provisions of this Section to the contrary notwithstanding,despite any vacancy in the office of Trustee,however caused and for whatever duration,the remaining of surviving Trustees, subject to the provisions of the immediately following Section, shall continue to exercise and discharge all of the powers,discretions and duties hereby conferred or imposed upon the Trustees. Section 2.In any matters relating to the administration of the Trust hereunder and the exercise of the powers hereby conferred,the Trustees may act by a majority vote at any duly called meeting at which a quorum is present as provided in Paragraph A of Section 6 of Article V. The Trustees may also act without a meeting by instrument signed by a majority of their number. Section 3. Any Trustee may resign at any time by instrument in writing, signed and acknowledged in the manner required in Massachusetts for the acknowledgment of deeds, and such resignation shall take effect upon the recording of such instrument with said Registry of Deeds. After reasonable notice and opportunity to be heard before the Board of Trustees,a Trustee(except a Trustee chosen by the Declarant) may be removed from office, with or without cause, by an instrument in writing signed by Unit Owners entitled to more than fifty per cent (50%) of the beneficial interest, such instrument to take effect upon the recording thereof with said Registry of Deeds. Section 4.No Trustee named or appointed as hereinbefore provided,whether as original Trustee or as successor to or as substitute for another, shall be obligated to give any bond or surety or other security for the performance of any of his duties hereunder, provided, however, that Unit Owners entitled to more than fifty per cent (50%) of the beneficial interest hereunder may at any time, by instrument in writing signed by them and delivered to the Trustee or Trustees affected, require that any one or more of the Trustees shall give a bond in such amount and with such sureties as shall be specified in such instrument. All expenses incident to any such bond shall be charged as a common expense of the Condominium. Section 5.No Trustee hereinbefore named or appointed as hereinbefore provided shall under any circumstances or in any event be held liable or accountable out of his personal assets or be deprived of compensation by reason of any action taken, suffered or omitted in good faith or be so liable or accountable for more money or other property than he actually receives,or for allowing one or more of the other Trustees to have possession of the Trust books or property,or be so liable,accountable or deprived by reason of honest errors of judgment or mistakes of fact or law or by reason of the existence of any personal interest or gain or by reason of anything except his own personal and willful malfeasance and default. Section 6. No Trustee shall be disqualified by his office from contracting or dealing with the Trustees or with one or more Unit Owners (whether directly or indirectly because of his interest individually or the Trustees' interest or any Unit Owner's interest in any corporation, firm, trust or other organization connected with such contracting or dealing or because of any other reason), as vendor, purchaser or otherwise, nor shall any such dealing, contract or arrangement entered into in respect of this Trust in which any Trustee shall be in any way interested be avoided nor shall any Trustee so dealing or contracting or being so interested be liable to account for any profit realized by any such dealing, contract or arrangement by reason of such Trustee's holding office or of the fiduciary relationship hereby established, provided the Trustee shall act in good faith and shall disclose to the other Trustees the nature of his interest before the dealing,contract,or arrangement is entered into. Section 7. The Trustees and each of them shall be entitled to indemnity both out of the trust property and by the Unit Owners against any liability incurred by them or any of them in the execution hereof, including, without limitation, liabilities in contract and in tort and liabilities for damages, penalties and fines. Each Unit Owner shall be personally liable for all sums lawfully assessed for his share of the common expenses of the Condominium and for his proportionate share of any claims involving the trust property in excess thereof. Section 8. The Trustees shall elect from their number, at the annual meeting of the Trustees, a Chairman,Treasurer,and Secretary,who shall have such duties as are determined by the Trustees. Section 9.The compensation of the Trustees shall be determined at each annual meeting of Unit Owners, except for the original two (2) Trustees chosen by the Seller who agree to serve without compensation. ARTICLE IV Beneficiaries and the Beneficial Interest in the Trust Section 1. The beneficiaries shall be the Unit Owners of the Condominium, for the time being. The beneficial interest in the Trust hereunder shall be divided among the Unit Owners in the percentage of undivided beneficial interest appertaining to the Units of the Condominium, all as set forth in Schedule A of the Master Deed, incorporated herein by reference with the same force and effect as though fully set forth in the body of this instrument. Section 2.The beneficial interest of each Unit of the condominium shall be held and exercised as a unit and shall not be divided among several owners of any such Unit. To that end,whenever any of said Units is owned of record by more than one person, the several owners of such Unit shall: (a) determine and designate which one of such owners shall be authorized and entitled to cast votes, execute instruments, and otherwise exercise the rights appertaining to such Unit hereunder; and (b) notify the Trustees of such designation by a notice in writing signed by all of the record owners of such Unit. Any such designation shall take effect upon receipt by the Trustees of such notice, and may be changed at any time and from time to time by notice as aforesaid. In the absence of any such notice of designation,the Board of Trustees may,by majority vote,designate any one of such owners for such purposes. Section 3. A Unit Owner may vote in person or by a written proxy dated no earlier than six(6) months prior to the date of the meeting at which such vote is taken. A proxy purporting to be executed by or on behalf of a Unit Owner shall be deemed valid unless challenged at or prior to its exercise. A proxy with respect to a Unit held in the names of two or more persons shall be valid if executed by one of them,unless at or prior to the exercise of the proxy,the Trustees receive specific notice to the contrary from any one of said persons. ARTICLE V By-Laws The provisions of this Article V shall constitute the By-Laws of this Trust and the organization of Unit Owners established hereby,to wit: Section 1.Powers and Duties of Trustees. The Board of Trustees shall have the powers and duties necessary for the administration of the affairs of the Condominium and may do all such acts and things except as by law or by the Master Deed or by this Trust may not be delegated to the Board of Trustees by the Unit Owners. Such powers and duties of the Board of Trustees shall include,but shall not be limited to,the following: (a)Operation,care,upkeep and maintenance of the Common Elements. (b) Determination of the common expenses required for the affairs of the Condominium, including,without limitation,the operation and maintenance of the Condominium. (c) Collection of the common charges from the Unit Owners. (d)Employment and dismissal of the personnel necessary or advisable for the maintenance and operation of the Common Elements. (e) Adoption and amendment of rules and regulations covering the details of the operation and use of the Condominium. (f) Opening of bank accounts on behalf of the Condominium and designating the signatories required therefor. (g)Leasing,managing and otherwise dealing with such community facilities as may be provided for in the Master Deed as being common areas and facilities("Common Elements"). (h) Owning,conveying, encumbering, leasing and otherwise dealing with Units conveyed to it or purchased by it as the result of enforcement of the lien for common expenses,or otherwise. (i)Obtaining of insurance for the Condominium,including the Units,pursuant to the provisions hereof. (j) Making of repairs,additions and improvements to,or alterations of,the Condominium, and repairs to and restoration of the Condominium in accordance with the other provisions of this Trust. (k)The Board of Trustees shall have the power to enforce obligations of Unit Owners;to enforce the rules and regulations of the Condominium; to allocate income and expenses; and to do anything and everything else necessary and proper for the sound management of the Condominium. In case of persistent violation of the rules and regulations by a Unit Owner,the Board of Trustees shall have the power to require such Unit Owner to post a bond to secure adherence to the rules. (1)Purchase or lease a Unit for use by a resident manager. (m)Grant or relocate easements. (n)Enter into management contracts for the management of the Common Elements. (o) Where two or more adjacent Units located on the same floor are owned by the same Unit Owner,the Board of Trustees shall have the power to authorize the said Unit Owner,at his own cost and expense and at his own risk,to: (1) construct doors, doorways and entrances in walls which are part of the Common Elements between said adjacent Units; and (2) remove all or portions of walls which are part of the Common Elements between said adjacent Units;provided that such work does not structurally weaken the Building or interfere with pipes, wires, ducts, or conduits located with said walls. Section 2. Common Expenses,Profits and Funds. A. Subject to the provisions contained within the Master Deed with respect to contributions by the Commercial Unit Owner and the Residential Unit Owners, each Unit Owner shall be liable for common expenses and shall be entitled to common profits of the Condominium according to his respective percentage of undivided interest in the Common Elements as set forth in Schedule A of the Master Deed which is incorporated herein by reference with the same force and effect as though fully set forth in the body of this instrument. The Trustees may at any time or times distribute common profits among the Unit Owners in such proportions. The Trustees may,to such extent as they deem advisable, set aside common funds of the Condominium as reserve or contingent funds and may use the funds so set aside for reduction of indebtedness or other lawful capital purpose, or, subject to the provisions of the following Section 3,for repair,rebuilding or restoration of the trust property,or for improvements thereto,and the funds so set aside shall not be deemed to be common profits available for distribution. B.At least thirty(30)days prior to the commencement of each fiscal year of this Trust,the Board of Trustees shall estimate the common expenses expected to be incurred during such fiscal year, together with a reasonable provision for contingencies and reserves,and after taking into account any undistributed common profits from prior years, shall determine the assessment to be made for such fiscal year. The Trustees shall promptly render statements to the Unit Owners for their respective shares of such assessment, and each Unit Owner thereafter shall pay his proportionate share of the estimated common expenses monthly in advance on the first day of each month. The Residential Unit Owners shall each pay an equal amount toward the common expenses pertaining to the Residential Units. The Commercial Unit Owner shall contribute toward common expenses pertaining to the access ways only as stated within the Master Deed. In the event that the Board of Trustees shall determine during any fiscal year that the assessment so made is less than the common expenses actually incurred, or in the reasonable opinion of the Trustees likely to be incurred, the Board of Trustees shall make a supplemental assessment or assessments and render statements therefor in the manner aforesaid, and such statements shall be payable and take effect as aforesaid. The Board of Trustees may in its discretion provide for payments of statements in monthly or other installments. In order to create a reserve fund for future contingencies, the Board of Trustees may assess from time to time, in addition to the foregoing assessments, each Unit Owner for a sum or sums sufficient to provide the Condominium Trust with sufficient capital to meet emergencies and other contingencies. The amounts due hereunder, together with interest thereon, if not paid when due, at a rate equal to three per cent (3%) above The Prime Rate as most recently published in the Wall Street Journal, shall constitute a lien on the Unit of the Unit Owner assessed, pursuant to the provisions of Section 6 of said Chapter 183A. C. The Board of Trustees shall expend common funds only for common expenses and lawful purposes permitted hereby and by the provisions of said Chapter 183A. Section 3.Insurance. A.The Trustees shall obtain and maintain,to the extent available,master policies of casualty and physical damage insurance for the benefit and protection of the Trustees and all of the Unit Owners, naming as the insured, and with loss proceeds payable to, the Trustees hereunder, as Insurance Trustees for all of the Unit Owners and their respective mortgagees, as their interests may appear, such insurance to cover the Units, all other portions of the buildings, and all other insurable improvements forming part of the Common Elements;but not including:(a)the furniture,furnishings or other personal property of the Unit Owners, whether within the Units, or elsewhere; or (b) improvements within a Unit made by the Owners thereof subsequent to the first sale of such Unit by the Seller, as to which it shall be the separate responsibility of the Unit Owners to insure. Such insurance shall,unless the same is not obtainable,be maintained in an amount equal to not less than the replacement value (exclusive of foundations), as determined by the Trustees, of the insured property, and shall insure against: (a) loss or damage by fire and other hazards covered by the standard extended coverage endorsement; and (b) such other hazards or risks as the Trustees from time to time in their discretion shall determine to be appropriate, including; but not limited to, vandalism,malicious mischief,windstorm and water damage,earthquake,and boiler and machinery explosion or damage. Notwithstanding any other provision contained within this Declaration of Trust, the Commercial Unit Owner as defined within the Master Deed, shall have the right and option to so insure the improvements and structures located within the commercial Unit without having to contribute toward the cost of obtaining insurance covering losses or damage to the buildings and insurable improvements serving the Residential Unit Owners. In such event, the Commercial Unit Owner shall only be responsible for contributing an equal proportionate share toward the cost of obtaining comprehensive liability insurance as stated in subsection D hereof. The Commercial Unit Owner shall annually provide the Trustees with a Certificate of Insurance and name the Condominium Trust as an additional insured on said policies. B.All policies of casualty or physical damage insurance shall,unless the same is not obtainable, provide: (a)that such policies may not be cancelled, terminated or substantially modified without at least twenty(20)days'written notice to the insureds;(b)that,notwithstanding any provisions thereof which give the insurer the right to elect to restore damage in lieu of making a cash settlement, such election may not be exercisable without the approval of the Trustees and may not be exercisable if in conflict with the terms of the Trust or these By-Laws; (c)for waiver of subrogation as to any claims against the Trust,the Trustees,the manager,agents,employees,the Unit Owners and their respective employees,agents and guests;(d)for waivers of any defense based upon the conduct of any insured; and (e) in substance and effect that the insurer shall not be entitled to contribution as against any casualty insurance for which may be purchased separately by Unit Owners. C.Other than payments made by an insurer to the Commercial Unit Owner for property damage and other losses covered under the Commercial Unit Owner's own policy,which payments shall be made direct to the Commercial Unit Owner, the Trustee or Trustees hereunder designated as Insurance Trustee or Trustees as aforesaid shall collect and receive all casualty loss insurance proceeds and shall hold,use,apply and disburse the same in accordance with applicable provisions of the following Section 4 of this Article V. With respect to losses which affect portions or elements covered by such insurance of more than one Unit to different extents,the proceeds relating thereto shall be used,applied and disbursed by the Trustees in their judgment,in a fair and equitable manner. D. The Trustees shall also so obtain and maintain, unless the same is not obtainable, master policies of insurance with respect to the Common Elements for the benefit and protection of the Trustees and all of the Unit Owners, for: (a) comprehensive public liability; (b) workmen's compensation and employees liability with respect to any manager, agent, or employee of the Trust; (c)elevator liability and collision; and(d)such other risks as the Trustees in their discretion deem it appropriate to insure. All such insurance shall be in such amounts and form as the Trustees shall in their discretion deem appropriate, and shall, insofar as practicable, contain provisions as above set forth with respect to non-cancellation,waiver of subrogation,waiver of defense based on conduct of any insured,and non-contribution. Such insurance shall not cover the liability of any Unit Owner as to claims arising out of incidents occurring within his own Unit,but shall be the responsibility of each Unit Owner to maintain public liability insurance therefor. The Trustees may elect to include the managing agent of the Condominium as a party insured under policies of insurance described in this Paragraph D. E. The cost of all such insurance obtained and maintained by the Trustees pursuant to the provisions of this Section 3 shall be a common expense but subject to the aforestated right of the Commercial Unit Owner to opt out of purchasing a common policy covering damage in the units, property and insurable improvements. Section 4.Rebuilding and Restoration;Improvements. A. In the event of any casualty loss to the Residential Units and improvements within the trust property,the Trustees shall determine in their reasonable discretion whether or not such loss exceeds ten per cent (10%) of the value of the Condominium immediately prior to the casualty, and shall notify all Unit Owners of such determination. If such loss as so determined does not exceed ten per cent (10%) of such value, the Trustees shall proceed, without notice to the Unit Owners, with the necessary repairs, rebuilding, or restoration. If said casualty loss exceeds ten per cent(10%) of the value of the Condominium prior to the casualty,and: (a) If seventy-five per cent (75%) in interest of the Residential Unit Owners do not agree within 120 days after the date of the casualty to proceed with repair or restoration,the Condominium, including all Units, shall be subject to partition at the suit of any Residential Unit Owner. Such suit shall be subject to dismissal at any time prior to entry of an order to sell if an appropriate agreement to rebuild is entered. The net proceeds of a partition sale,together with any common funds including the proceeds of any insurance, shall be divided in proportion to the Residential Unit Owner's respective undivided ownership in the Common Elements. Upon such sale,the Condominium shall be deemed removed from the provisions of Chapter 183A of the Massachusetts General Laws. (b) If seventy-five per cent (75%) in interest of the Residential Unit Owners agree to proceed with the necessary repair or restoration,the cost of rebuilding the Condominium,in excess of any available common funds including the proceeds of any insurance, shall be a common expense, provided, however, that if such excess cost exceeds ten per cent (10%) of the value of the Condominium prior to the casualty, any Residential Unit Owner who did not so agree may apply to the Superior Court of Barnstable County,on such notice to the Trust as the Court shall direct,for an order directing the purchase of his Unit by the Trust at the fair market value thereof as approved by the Court. The cost of any such purchase shall be a common expense. B. If fifty per cent (50%) or more, but less than seventy-five per cent (75%) in interest of the Residential Unit Owners agree to make an improvement to the Common Elements, the cost of such improvements shall be borne solely by the Residential Unit Owners so agreeing. Seventy-five per cent (75%) or more in interest of the Residential Unit Owners may agree to make an improvement to the Common Elements and assess the cost thereof to all Residential Unit Owners as a common expense;but if such improvement shall cost in excess of ten per cent(10%)of the then value of the Condominium, any Residential Unit Owner not so agreeing may apply to the Superior Court of Barnstable County,on such notice to the Trust as the Court shall direct,for an order directing the purchase of his Unit by the Trust as fair market value thereof as approved by the Court. The cost of any such purchase shall be a common expense. C.The foregoing provisions shall not apply to Commercial Unit in the event that the owner thereof elects to maintain separate casualty insurance covering the buildings and improvements located within the Commercial Unit. In such case, the Commercial Unit owner may make all decisions concerning the restoration of damaged property or improvements located within the Commercial Unit. Section 5. Rules and Regulations. The Board of Trustees has adopted the Rules and Regulations set forth in Schedule A annexed hereto and made a part of this Trust, governing the details of the operation and use of the Common Elements, and containing such restrictions on and requirements respecting the use and maintenance of the Units and the Common Elements as are consistent with the provisions of the Master Deed,and designed to prevent unreasonable interference with the use by the Unit Owners of their Units and of the Common Elements. By vote of a majority in number of the Board of Trustees,the Board of Trustees may at any time and from time to time amend, modify and rescind the Rules and Regulations as they pertain to the Residential Units. Section 6.Meetings. A. The Board of Trustees shall meet annually on the date of(and immediately following) the annual meeting of the Unit Owners, and at such meeting shall elect the Chairman, Treasurer, and Secretary hereinbefore provided for. Other meetings may be called by the Chairman and in such other manner as the Trustees may establish,provided,however,that written notice of each meeting, stating the place, day and hour thereof, shall be given at least four (4) days before such meeting to each member of the Board of Trustees. One-half(1/2) of the number of Trustees shall constitute a quorum at all meetings, and such meetings shall be conducted in accordance with such rules as the Board of Trustees may adopt. B. Commencing with the calendar year 2022 there shall be an annual meeting of the Unit Owners on the last Thursday of May in each year, at 7:30 p.m., at the Condominium premises or at such other reasonable place and time as may be designated by the Board of Trustees by written notice given to the Unit Owners at least fourteen(14)days prior to the date so designated. Special meetings of the Unit Owners may be called by The Board of Trustees or by the Unit Owners upon the written request of Unit Owners entitled to more than thirty-three per cent (33%) of the beneficial interest hereunder. Written notice of any such meeting designating the place, day and hour thereof shall be given by the Board of Trustees to the Unit Owners at least fourteen (14) days prior to the date so designated. At the annual meeting of the Unit Owners,the Board of Trustees shall submit reports of the management and finances of the Condominium. Whenever at any meeting the Board of Trustees proposes to submit to the Unit Owners any matter with respect to which approval of or action by the Unit Owners is necessary or appropriate, the notice of such meeting shall so state and reasonably specify such matter. A quorum of Unit Owners shall consist of the holders of at least fifty per cent (50%)of the beneficial interest hereunder. Section 7.Notices to Unit Owners. Every notice to any Unit Owner required under the provisions hereof,or which may be deemed by the Trustees necessary or desirable in connection with the execution of the trust created hereby or which may be ordered in any judicial proceeding,shall be deemed sufficient and binding if a written or printed copy of such notice shall be given by one or more of the Trustees to such Unit Owner by leaving such notice with him at his residence in the Condominium or by mailing it,postage prepaid, addressed to such Unit Owner at his address as it appears upon the records of the Trustees, at least five (5) days prior to the date fixed for the happening of the matter, thing or event of which such notice is given, or such longer period of time as may be required by the specific terms of this instrument. Unit Owners may waive notice by duly executing an appropriate waiver of notice. Section 8.Inspection of Books;Reports to Unit Owners. Books,accounts and records of the Trustees shall be open to inspection to any one or more of the Trustees and the Unit Owners at all reasonable times. The Trustees shall as soon as reasonably possible after the close of each fiscal year,or oftener if convenient to them,submit to the Unit Owners a report of the operations of the Trustees for such year, which shall include financial statements in such summary form and only in such detail as the Trustees shall deem proper. Any person who has been furnished with such report and shall have failed to object thereto by notice in writing to the Trustees, given by registered or certified mail within a period of one(1)month of the date of receipt by him, shall be deemed to have assented thereto. Section 9.Checks,Notes,Drafts,and Other Instruments. Checks,notes, drafts and other instruments for the payment of money drawn or endorsed in the names of the Trustees or of the Trust may be signed by any two (2) Trustees, or by any person or persons(who may be one of the Trustees)to whom such power may at any time or from time to time be designated by not less than a majority of the Trustees. Section 10.Seal. The seal of the Trustees shall be circular in form, bearing the inscription: "100 Wistful Vista Condominium Trust",but such seal may be altered by the Trustees,and the Trustees may,at any time or from time to time, at their option, adopt a common or wafer seal which shall be valid for all purposes. Section 11.Fiscal Year. The fiscal year of the Trust shall be the calendar year. Section 12. Maintenance of Units. The Unit Owners shall be responsible for the proper maintenance and repair of their respective Units. If a majority of the Trustees shall at any time in their reasonable judgment determine that the interior of a Unit is in such need of maintenance, painting or repair that the market value of an adjacent Unit or Units is being adversely affected, or that the condition of a Unit or any fixtures, furnishing, facility or equipment thereof is hazardous to any Unit or the occupants thereof, the Trustees shall in writing request the Unit Owner to perform the needed maintenance, painting or repair, or otherwise to correct the hazardous condition, and in case such work shall not have been commenced within fifteen(15) days(or such reasonably shorter period in case of emergency,as the Trustees shall determine) of such request and brought to diligent completion, the Trustees shall be entitled to have access to the Unit and to have the work performed for the account of such Unit Owner whose Unit is in need of work, and the cost thereof shall constitute a lien upon such Unit, and such Unit Owner shall be personally liable therefor,provided that the lien thus created shall be subordinate to first mortgages of record. ARTICLE VI Rights and Obligations of Third Parties Dealing With the Trustees;Limitation of Liability Section 1. No purchaser, mortgagee, lender, or other person dealing with the Trustees as they then appear of record in said Registry of Deed shall be bound to ascertain or inquire further as to the persons who are then Trustees hereunder or be affected with any notice,implied or actual,otherwise than by a certificate thereof, and such record or certificate shall be conclusive evidence of the personnel of said Trustees and of any changes therein. The receipts of the Trustees,or any one or more of them, shall be effectual discharges therefrom to the persons paying or delivering the same and no person from whom the Trustees, or any one or more of them, shall receive any money, property or other credit,shall be required to see to the application thereof. No purchaser,mortgagee, lender,or other person dealing with the Trustees or with any real or personal property which then is or formerly was the trust property shall be bound to ascertain or inquire as to the existence or occurrence of any event or purpose in or for which a sale, mortgage, pledge or charge is herein authorized or directed or otherwise as to the purpose or regularity of any of the acts of the Trustees or any one or more of them purporting to be done in pursuance of any of the provisions or powers herein contained, or as to the regularity of the resignation or appointment of any Trustee, and any instrument of appointment of a new Trustee or discharge of a Trustee purporting to be executed by the Trustees, Unit Owners or other persons herein required to execute the same, shall be conclusive evidence in favor of any such purchaser or other person dealing with the Trustees of the matters therein recited relating to such discharge,resignation or appointment or the occasion thereof. Section 2. No recourse shall at any time be had under or upon any note, bond, contract, order, instrument, certificate, undertaking obligation, covenant, or agreement, whether oral or written, made,issued or executed by the Trustees or by any agent or employee of the Trustees,or by reason of anything done or omitted to be done by or on behalf of them or any of them against the Trustees individually, or against any such agent or employee, or against any beneficiary, either directly or indirectly, by legal or equitable proceedings, or by virtue of any suit or otherwise, and all persons extending credit to,contracting with, or having any claim against the Trustees, shall look only to the trust property for payment under such contract or claim, or for the payment of any debt, damage, judgment or decree, or of any money that may otherwise become due or payable to them from the Trustees,so that neither the Trustees nor the beneficiaries,present or future,shall be personally liable therefor; provided, however, that nothing herein contained shall be deemed to limit or impair the liability of the Unit Owners under the provisions of Section 7 of Article III hereof or under the provisions of said Chapter 183A. Section 3. Every note, bond, contract, order, instrument, certificate, undertaking, obligation, covenant or agreement,whether oral or written,made, issued or executed by the Trustees, or by any agent or employee of the Trustees, shall be deemed to have been entered into subject to the terms, conditions,provisions and restrictions hereof,whether or not express reference shall have been made to this instrument. Section 4. This Declaration of Trust and any amendments thereto and any certificate herein required to be recorded, and any other certificate or paper signed by said Trustees or any of them which it may deemed desirable to record, shall be recorded with said Registry of Deeds and such record shall be deemed conclusive evidence of the contents and effectiveness thereof according to the tenor thereof';and all persons dealing in any manner whatsoever with the Trustees,the trust property, or any beneficiary hereunder, shall be held to have notice of any alteration or amendment of this Declaration of Trust, or change of Trustee or Trustees, when the same shall be recorded with said Registry of Deeds. Any certificate signed by the Trustees in office at the time,setting forth as facts any matters affecting the Trust,including statements as to who are the beneficiaries,as to what action has been taken by the beneficiaries,and as to matters determining the authority of the Trustees to do any act, when duly acknowledged and recorded with said Registry of Deeds, shall be conclusive evidence as to the existence of such alleged facts in favor of all third persons,including the Trustees, acting in reliance thereon. Any certificate executed by any Trustee hereunder,or by a majority of the Trustees hereunder, setting forth the existence of any facts the existence of which is necessary to authorize the execution of any instrument or the taking of any action by such Trustee or majority,as the case may be, shall, as to all persons acting in good faith in reliance thereon, be conclusive evidence of the truth of the statements made in such certificate and of the existence of the facts therein set forth. ARTICLE VII Amendments and Tcnmination Section 1. The Trustees, with the consent in writing of Unit Owners entitled to more than fifty per cent(50%) of the beneficial interest hereunder, may at any time and from time to time amend, alter, add to, or change this Declaration of Trust in any manner or to any extent, the Trustees first, however,being duly indemnified to their reasonable satisfaction against outstanding obligations and liabilities;provided always,however,that no such amendment,alteration,addition or change shall be valid or effective: (a)which is made without the consent of the Declarant prior to the date on which the Seller ceases to be entitled to twenty per cent (20%) of the beneficial interest hereunder, (b) according to the purport of which the percentage of the beneficial interest hereunder of any Unit Owner would be altered,other than by consent of all of the Unit Owners,or in any manner or to any extent whatsoever modified or affected so as to be different than the percentage of the individual interest of such Unit Owner in the Common Elements or in derogation of rights as set forth in the Master Deed;or(c)which would render this Trust contrary or inconsistent with any requirements or provisions of said Chapter 183A. Any amendment, alteration, addition or change pursuant to the foregoing provisions of this Section shall become effective upon the recording with said Registry of Deeds of an instrument of amendment, alteration, addition or change, as the case may be, signed, sealed and acknowledged in the manner required in Massachusetts for the acknowledgment of deeds, by the Trustees setting forth in full the amendment, alteration, addition, or change, and reciting the consent of the Unit Owners herein required to consent thereto. Such instrument, so executed and recorded, shall be conclusive evidence of the existence of all facts and of compliance with all prerequisites to the validity of such amendment, alteration, addition, or change, whether stated in such instrument or not,upon all questions as to title or affecting the rights of third persons,and for all other purposes. Section 2.The Trust hereby created shall terminate only upon the removal of the Condominium from the Provisions of Chapter 183A in accordance with the procedure therefor set forth in Section 19 of said Chapter. Section 3. Upon the termination of this Trust, the Trustees may, subject to and in accordance with the provisions of said Chapter 183A,sell and convert into money the whole of the trust property, or any part or parts thereof, and, after paying or retiring all known liabilities and obligations of the Trustees and providing for indemnity against any other outstanding liabilities and obligations, shall divide the proceeds thereof among,and distribute in kind,at valuations made by them which shall be conclusive, all other property then held by them in trust hereunder to the Unit Owners according to their respective percentages of beneficial interest, as shown in Schedule A of or otherwise stated in the Master Deed. In making any sale under the provisions of this Section 3,the Trustees shall have the power to sell or vary any contract of sale and resell without being answerable for loss, and, for said purposes, to do all things, including the execution and delivery of instruments, as may by their performance thereof be shown to be in their judgment necessary or desirable in connection therewith. The powers of sale and all other powers herein given to the Trustees shall continue as to all property at any time remaining in their hands or ownership,even though all times herein fixed for distribution of trust property may have passed. ARTICLE VIII Sale of Units Section 1. No Severance of Ownership. No Unit Owner shall execute any deed,mortgage, or other instrument conveying or mortgaging title to his Unit without including therein the Appurtenant Interests (as hereinafter defined); it being the intention hereof to prevent any severance of such combined ownership. Any such deed, mortgage, or other instrument purporting to affect one or more of such interests,without including all such interests,shall be deemed and taken to include the interest or interests so omitted, even though the latter shall not be expressly mentioned or described therein. No part of the Appurtenant Interests of any Unit may be sold, transferred, or otherwise disposed of,except as part of a sale,transfer,or other disposition of the Unit to which such interests are appurtenant, or as part of a sale, transfer, or other disposition of such part of the Appurtenant Interests of all Units. "Appurtenant Interests",as used herein,shall include: (i)the undivided interest of a Unit Owner in the Common Elements;(ii)the exclusive license of a Unit Owner of the EUA as described in the Master Deed; (iii)the interest of such Unit Owner in any Units theretofore acquired by the Trustees, or their designee,on behalf of all Unit Owners,or the Proceeds of the sale or lease thereof,if any;and (iv)the interest of such Unit Owner in any other assets of the Trust. Section 2. Financing of Purchase of Units by Trustees. With the prior approval of a majority in interest of the Unit Owners, the Trustees may acquire Units of the Condominium. Acquisition of Units by the Trustees may be made from any funds in the hands of the Trustees; or if such funds are insufficient, the Trustees may levy an assessment against each Unit Owner in Proportion to his beneficial interest, as a common charge; or the Trustees; in their discretion, may borrow money to finance the acquisition of such Units, provided, however, that no financing may be secured by an encumbrance or hypothecation of any property other than the Units with Appurtenant Interests so to be acquired by the Trustees. Section 3. Waiver of Right of Partition. In the event that a Unit shall be acquired by the Trustees,all Unit Owners shall be deemed to have waived all rights of partition with respect to such Unit or Units as are acquired by the Trustees. Section 4. Payment of Assessments. No Unit Owner shall convey, mortgage, pledge, hypothecate,sell,or lease his Unit unless and until he shall have paid in full to the Trustees all unpaid common charges theretofore assessed by the Trustees against his Unit and until he shall have satisfied all unpaid liens against such Unit. ARTICLE IX Disputes Any Unit Owner aggrieved by any decision or action of the Trust in the administration of the Condominium may,within thirty(30)days of the decision or action of the Trust,appoint an arbitrator who shall be a member of the American Arbitration Association with not less than seven (7) years' experience as an arbitrator. With ten (10) days after notice of such appointment, the Trust shall appoint another such arbitrator, and the two so chosen shall within ten(10)days thereafter choose a third such arbitrator. A majority of such arbitrators shall be entitled to decide any such matter, and their decision shall be rendered within thirty (30) days of the appointment of the third arbitrator. Such decision, subject to Chapter 251 of the General Laws of Massachusetts, as from time to time amended,shall be final and conclusive on all persons. ARTICLE X Construction and Interpretation In the construction hereof, whether or not so expressed, words used in the singular or in the plural,respectively,include both the plural and singular;words denoting males include females; and words denoting persons include individuals, firms, associations, companies (joint, stock or otherwise), trusts and corporations; unless a contrary intention is to be inferred from or required by the subject matter or context. The captions of Articles and Sections are inserted only for the convenience of reference and are not to be taken to be any part hereof or to control or affect the meaning,construction,interpretation,or effect hereof. All of the trusts, powers, and provisions herein contained shall take effect and be construed according to the laws of the Commonwealth of Massachusetts. IN WITNESS WHEREOF,the said Trustees have hereunto set their hands and seals on the day and year first above written. STUART BORNSTEIN ROBERT T.PALMA,JR. COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this day of ,2017,before me,the undersigned notary public,personally appeared Stuart Bornstein and Robert T. Palma, Jr., proved to me through satisfactory evidence of identification,which was a Massachusetts driver's license,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. ,Notary Public My Commission Expires: Schedule A Rules and Regulations The following regulations shall apply to the Residential Units only. The Commercial Unit may be used in any manner allowed as commercially zoned property under applicable state and local laws. 1.No use shall be made of the Common Elements except as permitted by the Board of Trustees. 2. There shall be no obstruction of the Common Elements nor shall anything be stored in the Common Elements without the prior consent of the Board of Trustees. 3.Nothing shall be done or kept in the Common Elements which increase the rate of insurance of the Condominium, or contents thereof, applicable for residential use, without the prior written consent of the Board of Trustees. No Unit Owner shall permit anything to be done, or kept in the Common Elements which will result in the cancellation of insurance on the Condominium, or contents thereof, or which would be in violation of any law. No waste shall be committed in the Common Elements. 4. Residential Unit Owners shall not cause or permit anything to be placed on the outside walls or doors of the Condominium, and no sign, awning, canopy, shutter, or radio or television antenna shall be affixed to or placed upon the exterior walls or doors,roofs,or any part thereof,or exposed on or any window, without the prior consent of the Board of Trustees. The Commercial Unit owner may display such signs and exterior accoutrements as are allowed under local zoning laws. 5. Residential Unit Owners will not be allowed to put their names on any building or Common Element except in the proper places in or near the mailboxes provided for the use of the Unit occupied by the Unit Owners respectively. 6.No offensive activity shall be carried on in the Common Elements,nor shall anything be done therein, either willfully or negligently, which may be or become an annoyance or nuisance to the other Unit Owners or occupants. No Unit Owner shall make or permit any disturbing noises by such Unit Owner or by such Unit Owner's family, servants, employees, agents, visitors, lessees, and licensees,nor do or permit by such persons that will interfere with the rights,comforts or convenience of other Unit Owners. 7. Nothing shall be done in, on or to the Common Elements which will impair the structural integrity of the Residential buildings or which would structurally change the Residential buildings without the prior written consent of the Board of Trustees. 8.No clothes,clotheslines, sheets,blankets, laundry,or any kind of other articles shall be hung out of a Unit or exposed on any part of the Common Elements. The Common Elements shall not be obstructed and shall be kept free and clear of all rubbish,debris,and other unsightly materials. 9. Except in areas designated by the Board of Trustees, there shall be no parking of motor vehicles,playing,lounging or parking of baby carriages or playpens,bicycles,wagons,toys,benches or chairs,on any part of the Common Elements,except that roads,parking areas and driveways may be used for their normal and intended purposes. 10. "For Sale", "For Rent", "For Lease" signs or other window displays or advertising shall not be maintained or permitted in any part of the Condominium or in any Unit therein. The right is reserved by the Seller or its agents, to place "For Sale", "For Rent", or "For Lease" signs on any unsold or unoccupied Units or on any part of the Common Elements of the buildings. 11. Nothing shall be altered or constructed in or removed from the Common Elements of the Residential Units except upon the written consent of the Board of Trustees. 12. The Common Elements of the Residential Units shall not be decorated or furnished by any Unit Owner in any manner without the prior written consent of the Board of Trustees. 13. The agents of the Board or the managing agent,and any contractor or workman authorized by the Board of Trustees or the managing agent,enter any room or Residential Unit in the buildings at any reasonable hour of the day after notification (except in case of emergency) for the purpose of inspecting such Unit and for the purpose of performing work. 14.Nothing shall be hung from the windows or placed upon the window sills of the Residential Units. The foregoing shall not,however, interfere with the right of Unit Owners to select draperies and curtains for their Units. Rugs or mops shall not be shaken or hung from or on any of the windows or doors. Garbage cans shall not be placed outside of any Unit. Garbage and refuse from the Units shall be disposed of only at such times and in such manner as the Board of Trustees may direct. 15.No washing or repairing of automobiles shall take place within the Condominium,nor shall driveways be used for any purpose other than to park motor vehicles and bicycles, excluding specifically, trucks, motorcycles and commercial vehicles, without the prior written consent of the Board of Trustees. Notwithstanding the foregoing,in cases of emergency,commercial vehicles may be parked within the Condominium. No Unit Owner shall park more than two (2) motor vehicles within the Condominium,without the prior written consent of the Board of Trustees. 16.If any key or keys are entrusted by a Unit Owner or occupant or by any member of such Unit Owner's family, or by such Unit Owner's agent, servant, employee, licensee, lessee or visitor,to an employee of the Board of Trustees, whether for such Unit or an automobile,truck, or other item of personal property,the acceptance of the key shall be at the sole risk of such Unit Owner or occupant, and the Board of Trustees shall not be liable for injury, loss or damage of any nature whatsoever directly or indirectly resulting therefrom or connected therewith. 17. The Board of Trustees, or its designated agent, may retain a pass key to each Residential Unit. 18.The use of the Common Elements,by Unit Owners,as well as the safety and maintenance of all personal property of the Unit Owners kept in such areas and in the Units themselves, shall be the responsibility and at the sole risk of the respective Unit Owners, and neither the Trustees nor their respective agents,servants,employees, successors or assigns,shall bear any responsibility therefor. 19. Each Unit Owner assumes responsibility for such Unit Owner's own safety and that of such Unit Owner's family,guest,agents,servants, employees,licensees and lessees. 20. Any consent or approval given under these Rules and Regulations may be added to, amended,or repealed at any time by the Board of Trustees. 21. These Rules and Regulations may be amended from time to time as provided in the Trust except to the extent that an amendment would impair or limit the lawful uses allowed by the owner of the Commercial Unit under local and state law. • Property Location: 1121 ROLTE 28 MAP ID:50/108/// Bldg Name: State Use:3400 Vision ID:7575 —Account Bldg#: 1 of 1 Sec 8: 1 of 1 Card 1 of 1 Print Date:01/16/2018 10:09 I CURRENTOWNERTOPO JTILITIES }}}'''TRTIROAD LOCATION C:ARENTASSESSMENT SHOESTRING PROPERTIES LTD PAR"I Level 2 Public Nater I 4$uc District Description Code Appraised Value Assessed Value 297 NORTH ST 4 Gas COMMERC. 3400 - 213,600 213,600 811 6 Sepik COM LAND 3400 317.100 317.100 YARMOUTH,MA H1'ANVIS MA P COMMERC. 3400 13.400 13.100 Ifl'AN ISal Owners:02601 SUPPLEMENTAL DATA AdditiOther ID: 44/P004/// VOTE MISC 190 VOTE DATE CHANGES ADDPP FV'I2;N0 MG;IPRIVATE RC BETTERMENT. PLAN NUMBER512-512A — ZIP CODE 2664 GIS ID: M_308291_124401 ASSOCPID# Total 544.100 544.100 RECORD OFOHNERSIIIP BK-FOL/PAGE SALE DATE qua on SALE PRICE V.0 PREVIOUS ASSESSMENTS(HIS TOR SHOESTRING PROPERTIES LTD PART D692979 04/25/1997 I Yr Code Assessed I aloe I Yr Code Assessed Value Yr Code Assessed Value SHOESTRING PROPERTIES LTD 692979 04/25/1997 Q I 300.000 2018 3400 213.600 017 3400 213.6002016 3400 213.600 CITIZENS BANK OF MASSACHUSETTS I 0 2018 3400 317.100'20173400 317.1002016 3400 317,100 2018 3400 13.4002017 3400 13,4002016 3400 13.400 I Total: 544,100 Total: 544,100 Total: 544.100 EXEMPTIONS OTHER ASSESSMENTS This signature acknowledges a visit by a Data Collector or Assessor Year T,pe Demnpnon Amount Code Description Number Amount Comm Int APPRAISED VALUE SUMMARY Total Appraised Bldg Value(Card) I 205.000 ASSESSING NEIGHBORHOOD Appraised XF(B)Value(Bldg) 8,600 NB/ID/SUB NBIID Name Street ndex Name Tracing Basch Appraised OB(I.)Value(Bldg) 13,400 K/A Appraised Land Value(Bldg) 317,100 NOTES Special Land Value 0 KINLAN GROVER RE.6107 FORMER FLEET BANK Total Appraised Parcel Value 544.100 CLOCK 19SF 20'HIGH Valuation Method: C SPACE FOR VAULT-NO BOXES Adjustment: 0 (I)DUW34NN(FY07) • UG 2011 Net Total Appraised Parcel Value 1544,100 BUILDING PERMIT RECORD 17SIT/CHANGE HISTORY Perron ID Issue Date Noe Description i Amount /nP Date %Coop Dare Comp (Comments Date Type IS ID Cd Purpose/Result 10-1309 05/18/2010 RP Repair 2.000 0 REPAIR CLOCKTONT01/072014 DK 00 Measur+Limed 06-1240 04/21/2006 AC Accessory Stru 2,194 0 10%12 SHED 01/012014 01 1 BH CY CYCLICAL 2014 06-1011 02/152006 AL Alterations 40,000 0 INTERIOR OFFICE RE106/08/2004 GM 00 Mnmr+Llated • 06-409 09232005 RP Repair 10.500 0 STRIP RE ROOF p5/15/1996 DH 00 Menur+Llated 02-356 10/15/2001 CM Commercial 1,000 100 01/01/2002 REPAIR POSTSCLOC]JF 00 ur+L 01-511 02/01/2001 CM Commercial 0 100 01/012002 USE&OCCUPANCY 90 02/09/1995 CM Commercial 3.380 0525/1996 100 01/01/1996 ATM/ALTE LAND LINE VALUATION UATIO.N SECTION B Use UseUnit Acre ST SAd/ # Code Description Zone D Front Depth Units Price l Factor S A Dia, C Factor Ids Ad/ Notes-Ad) _ Special Pricing Fact Ads Unit Price Land Value 1 3400 OFFICE BLD M94 1 C 13.560 SF 8.25 1.0000 K 1.0000 0.80 K 1.00 SITE/SHAPE 1.00 6.60 287.500 1 3400 OFFICE BLD M94 C 0.83 AC 71.300.00 1.0000 K 1.0000 0.50 K 1.00 SHAPE 1.00 35450.00 29,600 Total Card Land Uoltc1 1.831 ACi Parcel Total Land Area:11.83 AC I Total Land Value: 317.100 Property Location: 1121 ROUTE 28 MAP ID:50/108/// Bldg Name: State Use:3400 Vision ID:7575 Account#7575 Bldg it: 1 of1 Sec it: I of 1 Card 1 of I Print Date:01/16/2018 10:09 CONSTRUCTION DETAIL CONSTRUCTION DETAIL(CONTINUED) Element Cd Ch. Descnptmn Element Cd Ch. Description tyle IS - • Office Bldg 4 odd 94 Comm/nd • de 03 Avenge •tones 1 e upancy 1 MIXED USE 40 FOP 3. ;Rena.Wall I II Clapboard Code Description — -Percentage I xtmor Wall 2 3400 OFFICE BLD M94 100 'oof Structure 03 Gable/Hip 20 'col Cover 10 Wood Shingle 28 20 . 24 i moor Wall I 05 Drywall/Sheet tenor Wall 2 COST/MARKET VALUATION tenor Floor I 14 Carpet Mi Base Rate 84.96 I ntenor Float 2 280,878 eating Fuel 94 ElectricReplNet Other Ad/: 0.00 x5 3' eating Typo 04 Forced Air-Due AYB Cox 198 19835 .878 C Type 02 Heat Pomp BAB Dep Code A 12 36 r Idg Use 3400 OFFICE BLD M94 Remodel Rating mal Rooms Year Remodeled teat Bedrms 00 Dep Y. 17 cal Battu 0 Funcuoml Obslnc External Obslne 10 '4 '4 Cost Trend Factor , est/AC DI HEAT/AC PKGS OveralllCmdmAemplete 24 16C runeType 02 WOOD FRAME Overall S:Card 73 ir ats/Plumbmg 02 AVERAGE Appmia Val 205,000 YA` lc t mimg'Wat 02 AIL&NT. Dep0vt Cr 0 t edmoWals 02 AVERAGE Dep Ovr Comment 'Te all Height 10 Mru Imp Ovr 0 is I ,y !+ s ,s Coom Wall 0 Mac Imp Ovr Comment „yL y Cost to Cure Ovr 0 a y'' +' )Con m Cure Ovr Comment 97- f? \ 1sr,y „I gpy v. OB-OUTBUILDING&YARD ITEMS(L)/XF-BUILDING EXTRAFEATURESB) .t ; w`w -r #. AVI 'PAVING-ASPH 1 II5,Wf1.35 1987 50 10.100 .,:�Si '';‘,,•:"; a °•• iltf^ - y���. r TI LIGHTS-IN W/ L Q64 690.00 1987 50 2,100 d a .i r. k g li,itan"i y WAG, >> • N2 DOUBLE SIDE L 35.00 1987 50 400 } i I CLOCK TONT L 69 40,00 1985 10 300 c1 a 7,9•-� i w ': •HDI SHED FRAME L 120 8.00 2006 50 500 Ut i Ana ii , i�`�Id 'LTI VAULT-AVG B 126 93.00 1998 1 100 8,600 .{ Y�, .y r-Vr. jd e�*wt t '" 'm A ; Tar; ^cu ` `-" ' % + k• A .F a �, .. k i+ " wd�� rv. t fit 9 4 i .4�d t 888888 i -.\ '�'ri"L -L�F BIILDLNGSUH-AREA SUMMARY SECTION 1 k pf�;'i II a '�t�[!ffi�� El Area Una Cart Chide RC Value t + 4 i:AS 'Int Fluor 3,136 3.136 3,116 84.96 214M3 4 + !,�{ 4' . 14,447 CP airport 0 680 170 21,24 .rJU" i:+ „i l T.:,wva•.aw"s'p 1' Y t-FR� rg- glrll fi /uYMi TMi r+wir'�7[hHni+ni i + @.w+ira87a00 - Y TIE Grovc Liv/Lease Are,• ' "` . . YARMOUTH BOARD OF APPEALS ABU1.1'ERS LIST Petition#-5t9e - Name Shoestring Properties Ltd Filing Date: / /41.77 Hearing Date:Og• I? Property Location: 1121 Route 28, S. Yarmouth, MA Notices must be sent to the petitioner(applicant),abutters, and owners of land directly opposite on any public or private street or way, and abutters to the abutters(only within 300 feet of the property line)of the petitioner as they appear on the most recent applicable tax list. Provide only the abutters map and lot number . Postage charges for all applications will be determined by multiplying the number of abutters (and the parcel (s)in question) times .560,which is the current cost for the two required mailings. Add that to the application fee and include your check with the application. Map Lot Number Map Lot Number Number Number Applicant# 50 108 59 252 Abutters #'s 50 105 50 128 59 180 50 138 50 113 59 200 50 126 50 136 50 141 50 149.1 50 131 59 199 50 134 50 137.1 50 106.1 59 201 50 109 50 111 50 127 50 140 50 132 50 130 50 107 59 179 50 110 50 129 50 142.1 50 139 50 133 50 143.1 2 Labels-1 Hard Copy Assessors Field Card with photo Andy Machado ,Director of Assessing • 50/ 105/ / / 50/ 128/ / / 50/ 140/ / / TEDESCHI ROBERT L TR COGGESHALL SUSAN] GARDINER WILLIAM D C/O DAVENPORT REALTY TRUST COGGESHALL CHESTER F GARDINER JOYCE 20 NORTH MAIN ST P 0 BOX 92 118 HAZEN RD 45 BOARDMAN AVE SOUTH YARMOUTH,MA 02664-3150 CHESTER,VT 05143 MELROSE,MA 02176 50/ 107/ / / 50/ 129/ / / 50/ 141/ / / THE STRAWBERRY LIMITED PARTNERSHIP BOUTIN LAURENT HIGGINS JOHN T LIFE EST 1645 NEWTOWN RD BOUTIN CAROL PARISEAU C/O QUINN ROBERT&ANN COTUIT,MA 02635 60 BLACK BALL HILL RD 476 SUDBURY ST DENNIS,MA 02638-2239 MARLBOROUGH,MA 01752-1762 50/ 108/ / / 50/ 130/ / / 50/ 1061/ / / SHOESTRING PROPERTIES LTD PART TOWN OF YARMOUTH MITROKOSTAS NAFSIKA ELENI TR 297 NORTH ST 1146 ROUTE 28 S&N REALTY TRUST HYANNIS,MA 02601 SOUTH YARMOUTH,MA 02664-4463 P 0 BOX 260 SOUTH YARMOUTH,MA 02664 50/ 109/ / / 50/ 131/ / / 50/ 137.1/ / / BUTT M HANIF ROBERTS SUSAN M FALLON LORRAINE P 341 SUMMER ST#1 DONNELLY CATHERINE A 4 ASH LN SOMERVILLE,MA 02144 PO BOX 203 SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664-0203 50/ 110/ / / 50/ 132/ / / 50/ 142 1/ / / D&S RLTY LLC(1105) BANDELI SORAYA G TUMOLO RICHARD S 4 PEACE PIPE PATH DUMITRESCU BOGDAN 44 WOOD RD MATTAPOISETT,MA 02739 6 SYLVAN WAY SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664 50/ 111/ / / 50/ 133/ / / 50/ 143.1/ / / CAPE DELI FOODS INC KING SUZANNE H IRS TAYLOR MALCOLM E 1105 ROUTE 28 HARRITY TRACEY A TRS TAYLOR MARY ANN SOUTH YARMOUTH,MA 02664-4457 72 FOXRIDGE DR 38 WOOD RD COLCHESTER,CT 06415 SOUTH YARMOUTH,MA 02664-4141 50/ 112/ / / 50/ 134/ / / 50/ 149 1/ / / CAPE COD BANK&TRUST CO NA TAINTER MAUREEN T TOWN OF YARMOUTH C/O TD BANK TAINTER BRUCE C 1146 ROUTE 28 12-380 WELLINGTON ST 19 PRATT ST SOUTH YARMOUTH,MA 02664-4463 LONDON,ON N6A 4S4 BILLERICA,MA 01821 50/ 113/ / / 50/ 136/ / / 59/ 179/ / / DAVENPORT DEWITT TR MANNING RUSSELL F TOWN OF YARMOUTH DAVENPORT REALTY TRUST 19 SYLVAN WAY 1146 ROUTE 28 20 NORTH MAIN ST SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664-4463 SOUTH YARMOUTH,MA 02664 50/ 126/ / / 50/ 138/ / / ( 59/ 180/ / / KNOWLES RICHARD A IRS SOUSA JEFFREY TOWN OF YARMOUTH KNOWLES JUDITH L TRS 2 ASH LN 1146 ROUTE 28 123 N POND DR SOUTH YARMOUTH,MA 02664 SOUTH YARMOUTH,MA 02664-4463 BREWSTER,MA 02631-1929 50/ 127/ / / 50/ 139/ / / 59/ 199/ / / JDS REALTY TRUST SEWARD DOROTHY E KILLINGER JUDITH A(LWE EST) 75 COVE RD C/O ROBERT SEWARD 12 LYMAN LANE WEST DENNIS,MA 02670 110 CHESTNUT ST APT 6 SOUTH YARMOUTH,MA 02664 WALTHAM,MA 02453 I. t r • 59/ 200/ / / GRINDELL KEVIN B Please use this signature to certify this list of properties 8GLYMAN LN DELL ERYL L abutting within 300' of the parcel located at: SOUTH YARMOUTH,MA 02664 1121 Route 28, South Yarmouth, MA 02664. Assessors Map 50, Lot 108 59/ 201/ / / .A v/ A KLUN VIRGINIA GALE TR atik BONJON REVOCABLE TRUST Andy March do, Director of Assessing PO BOX 575 CENTERVILLE,MA 02632 59/ 251/ / / MITROKOSTAS NAFSIKA ELENI TR S&N REALTY TRUST PO BOX 260 SOUTH YARMOUTH,MA 02664 59/ 252/ / / STETKIS-SPERCO JON 113 NOTTINGHAM DR YARMOUTH PORT,MA 02675 • Of • pre.,q O TOWN OF YARMOUTH .rl� PLANNING BOARD N nn g VCOD Site Plan Review YARMOUTH TOWN CLERK '17UEC29 H10:15 REO FILED WITH TOWN CLERK: December 29, 2017 PETITION: VCOD 2017-2 MEETING DATE: December 20, 2017 PETITIONER: Stuart Bornstein OWNER: Shoestring Properties Limited Partnership PROPERTY: 1121 Route 28 Assessor's Map 50, Lot 108 Zoning District-VCOD VC4 MEMBERS PRESENT AND VOTING: Brad Goodwin,Thomas Roche, Norman Weare, Lee Rowley, and Joanne Crowley. Notice of the Public Meeting was posted with the Town Clerk and on the Town website, as required by law. Village Center Overlay District(VCOD) Site Plan Review(SPR)does not require a formal Public Hearing. Site Plan Review for VCOD projects is done through the Planning Board in accordance with Section 414.3.2 of the Zoning Bylaw. PROJECT SUMMARY: The applicant sought VCOD Site Plan Review for a mixed-use development under Section 414 —Village Center Overlay District(VCOD)—VC4. The project is located at 1121 Route 28 on 1.78 acres and is currently developed with a 3,195 square foot commercial building with an attached 747 square foot drive-thru structure. The existing parking areas are accessed from both Route 28 and Wood Road. The applicant is proposing to modify and retain the existing commercial structure, re-configure the parking areas, relocate the Wood Road access approximately 90'westward, and add 9 residential units in three buildings (density of 5.1 units/acre)with associated utilities, site work, and parking. The current curb-cut off Route 28 will remain. The project will be developed in two phases and will be condominiumized. Phase 1 consists of the existing building and its associated parking. The existing drive-thru canopy will be enclosed using siding and windows to match the existing structure, the existing curb-cut on Wood Road will be relocated, and the drive-thru pavement removed and landscaped. Some of the existing parking north and east of the drive-thru may be used until Phase 2 construction is completed, then this pavement will be removed and the area replanted per the landscaping plan. Seven new parking spaces are proposed as part of the driveway Planning Board VCOD Site Plan Review Petition: VCOD 2017-2 reconfiguration, for a total of 13 spaces for the commercial building. The exiting utilities for the commercial building will continue to be used. Phase 2 includes the demolition of a portion of the existing parking lot along Route 28 and construction of three residential structures, a 14 space parking lot for the residential units, drainage, septic, utilities, site lighting, pedestrian walkways and landscaping. One affordable unit needs to be provided per Section 412 of the Zoning Bylaw. The nine housing units are 2- story Townhouse style and will be constructed in three buildings with three units each. There will be a total of 6 two-bedroom units and 3 one-bedroom units. The buildings will have clapboard siding and architectural style roof shingles. PLANS AND INFORMATION MADE PART OF THE VCOD SPR 2017-2 DETERMINATION: 1. VCOD Site Plan Review Application, Including: Narrative dated October 5, 2017 and October 17, 2017; and Aerial & Locus Maps 2. Site Plan Review Comment Sheet dated November 14, 2017 3. Design Review Committee Comment Sheet dated November 1, 2017 4. Material Cut Sheets 5. Site Plans: All plans entitled "Site Plan of Land of#1121 Route 28 South Yarmouth, MA—South Yarmouth Condominium", prepared for Shoestring Properties LP", prepared by Down Cape Engineering and dated and stamped December 6, 2017: • Sheet 1 of 6—Layout/Landscape • Sheet 2/6—Utilities/Grading • Sheet 3/6—Existing Conditions • Sheet 4/6— Erosion Control • Sheet 5/6- Septic Detail Sheet • Sheet 6/6—Detail Sheet 6. Architectural Plans—Existing Building: All plans entitled "Building Plans of#1121 Route 28 South Yarmouth, MA prepared for Shoestring Properties, LLC", prepared by Down Cape Engineering, and dated and stamped October 5, 2017: • Existing—East, West and South Elevation • Existing—North Elevation & Floor Plan • Proposed—North Elevation & Floor Plan • Proposed—East,West and South Elevation 7. Architectural Plans—Proposed Building: All plans entitled Proposed Townhouses for Shoestring Properties LP#1121 Route 28 South Yarmouth Massachusetts", prepared by DP Architect, and last revised November 12, 2017: • A-1 — 1"Floor Plans • A-2—2"d Floor Plans • A-3—Exterior Elevations • A-4—Exterior Elevations DISCUSSION: No letters related to the project were received and no one from the public spoke in favor or in opposition to the project at the Public Meeting. Dan Ojala of Down Cape Engineering presented the project and the proposed phasing and condominiumization of the project. He gave an overview of the site layout, landscaping, Page 2 of 3 Planning Board VCOD Site Plan Review Petition: VCOD 2017-2 stormwater management system, septic system, signage, lighting, dumpster, proposed building design, and existing building modifications, as outlined in the attached Site and Architectural Plans. He also noted that one affordable unit is required for this project per section 412 of the Zoning Bylaw. Planning Board members had some comments/questions related to the potential for cut-through traffic,timing of construction of the two phases, MassDOT access requirements, number of bedrooms and unit square footages, methods available for meeting the affordable unit requirement including payment in lieu of construction, potential sale prices and construction costs, and the need to complete the project as proposed. Kathy Williams, Town Planner, briefly reviewed suggested conditions for consideration by the Board. VOTE: On a motion by Norm Weare,and seconded by Tom Roche,the Planning Board voted (5-0)that the project at 1121 Route 28 as presented at the Planning Board meeting of December 20, 2017, and in accordance with the plans and materials submitted, is in compliance with the VCOD Design Standards and is subject to the following conditions, with Brad Goodwin,Tom Roche, Norm Weare, Lee Rowley and Joanne Crowley voting in favor: 1. All materials and finishes as depicted in the enclosed plans, and presented and approved by the Design Review Committee(DRC)and Site plan Review(SPR)Team shall be included in the project, including, but not limited to: a. All sidewalks to be concrete. b. Retaining wall to be stone faced. c. Columns on the front entrance shall have an overall 8" square dimension when trimmed out with azek. d. Window trim shall be 1"x4". e. 1"x8" frieze boards shall be provided. f. All trim to be azek. g. Window grills shall be 518" contoured grill (rather than flat). h. Siding to be red cedar clapboards stained gray. i. Door landings to the two units facing the parking areas shall have a roof or covering to protect from the elements. 2. Landscaped areas to be irrigated. 3. Septic Reserve Area to be located outside the 20' buffer area required adjacent to residential zoning districts. 4. The project is required to have one affordable unit in accordance with Section 412, or a payment in lieu of construction made before Phase 2 is started. 5. The site design shall ensure turning movements for fire and emergency vehicles. B. Phase I erosion control measures shall be provided to protect natural infiltration area (DA6). Brad oo win,Chairman Yarmout Planning Board Page 3 of 3 MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/ BUILDING COMMISSIONER TOWN OF YARMOUTH (508) 398-2231 x 1260 — -- -- -- ------- -- ------- ----- ---------------------- From:Daniel A.Ojala PE, PLS [mailto:downcape@downcape.comj Sent:Thursday, February 8, 2018 12:03 PM To:Grylls, Mark<mgrylls@yarmouth.ma.us> Subject: New MGL Hi, Mark: See attached, last 4 pages,just making sure this came to your attention, changed MGL so old structures that violate setbacks are considered legal pre- existing nonconforming if there for over ten years. (IE Special Permit instead of Variance for change to canopy at ZBA tonight, I believe). I sent this to Mike Stusse too in case he hadn't seen it. Thanks, Daniel A.Ojala PE,PLS down cape engineering,inc. 939 Main St.Yarmouthport, MA 1-508-362-4541 x106 1-508-362-9880 fax downcape@downcape.com This Electronic Message contains information from the engineering firm of down cape engineering, inc., which may be privileged. The information is intended to be for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message Is prohibited. 2 Clark, Sandi From: Grylls, Mark Sent Tuesday, February 6, 2018 11:06 AM To: Clark, Sandi Cc: Flett, Dawn-Marie;Williams, Kathleen Subject: FW: Bornstein -VCOD project FYI MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/ BUILDING COMMISSIONER TOWN OF YARMOUTH (508) 398-2231 x 1260 From: Michael Stusse [mailto:mstusse@capecodlawyers.com] Sent:Tuesday, February 6,2018 10:56 AM To:Grylls, Mark<mgrylls@yarmouth.ma.us> Cc:tbusby@hollymanagement.com Subject: RE: Bornstein-VCOD project Mark: Thank you for al your help. I have forwarded your note to the owners' assistant and will withdraw and amend the application if the owner so desires. Sorry for the confusion. Michael B.Stusse, Esq. Ardito,Sweeney,Stusse, Robertson& Dupuy, PC 25 Mid Tech Drive,Suite C West Yarmouth, MA 02673 (508)775-3433 (508)790-4778 Email:mstusse@capecodlawyers.com CONFIDENTIALITY NOTICE:This e-mail is intended to be viewed only by the addressee. It may contain privileged and confidential data that is exempt from disclosure by applicable law. Any dissemination of this e- mail is strictly prohibited without our prior consent. If you are not the intended recipient, or an employee or agent thereof, or if you received this in error, please notify us immediately by reply e-mail, delete the original e-mail and any copies. We make no representations or warranties concerning the safety of this e-mail or attached documents, but suggest all received documents be scanned by available virus detection software. From:Grylls, Mark[mailto:mgrvlls@yarmouth.ma.us] Sent:Tuesday, February 6,2018 10:29 AM To:Michael Stusse<mstusse@capecodlawvers.com> Cc:Clark,Sandi<SClark@yarmouth.ma.us>;Williams, Kathleen<kwilliams@yarmouth.ma.us>; Flett, Dawn-Marie <dflett@varmouth.ma.us> Subject: FW: Bornstein-VCOD project 1 yy�.t -Hi Mike, Regarding the change of materials required for the sidewalks on the VCOD project at 1121 Route 28.After further. review of the VCOD bylaw with Kathy Williams, any relief from the SPR conditions actually come from the ZBA and not the PB as once thought. Refer to section 414.3.2 VCOD—SPR, last sentence for clarification. I am not an attorney, but my guess is that you will have to apply for that relief separately as it was not a part of the original request. I will not sign off on any Certificates of Occupancy unless the project is completed as required in the conditions, unless relief has been granted from the ZBA. If you have any questions regarding this email, I am in the office all day. I will ask Sandi to provide a copy of this email to the ZBA to prepare them for the possible discussion. Talk soon, Mark MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/ BUILDING COMMISSIONER TOWN OF YARMOUTH (508) 398 2231 x 1260 From:Williams, Kathleen Sent:Tuesday,January 30,2018 9:31 AM To:Grylls, Mark<marylls@varmouth.ma.us> Cc:Clark,Sandi<SClark@yarmouth.ma.us> Subject: Re: Bornstein-VCOD project Hi Mark Any change to materials would require a trip back to the Planning Board.There were concerns that the materials ultimately used would not be as presented and that is why that condition was included. I don't see why he can't move forward with the ZBA as the relief requested is not related. Thanks Kathy Sent from my iPhone On Jan 29, 2018,at 3:18 PM,Grylls, Mark<mgrvIls@varmouth.ma.us>wrote: Hi Kathy, Stu Bornstein has indicated to his attorney, Mike Stusse that he would like to change the material for the sidewalks on his Route 28 VCOD project. As you are aware,the Planning board SPR condition#la states that the sidewalks are to be cement/ concrete. He does not wish to use this material. In speaking with Mike Stusse, I told him that he may have to go before the PB to request a modification to the decision but I would consult with you to confirm. Mike is scheduled to appear before the ZBA in the very near future to request relief that is granted from the ZBA. Let me know what you think. Talk soon, Mark MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/ BUILDING COMMISSIONER TOWN OF YARMOUTH 2 Formal X Informal Review SITE PLAN REVIEW COMMENT SHEET Date: November 14,2017 New Map:50 New Lot 108 Applicant:Stuart Bornstein-Wood Road Residences Location: 1121 Route 28,South Yarmouth, MA 02664 Zone:VCOD—VC4 Persons Present: Kathy Williams D Bruce Murphy Stu Bornstein Mary Waygan Dan Ojala 1-0 Kevin Huck f1-^ Craig Ferrari Tim Sears -'S Bruce Murphy Nick Aguiar A1MA Prolect Summary Proposed development of this site is to modify and retain the existing commercial structure and to construct three multi- family residential structures totally 9 units,with associated parking,septic and drainage. The project is being developed as a mixed-use development under Section 414—VCOD(VC4)portion of the Zoning Bylaw. Comments Building: Multi family use allowed in the VC4 per 202.5/A-12 Architectural and Site Design Standards must be met or relief sought. A variance will be required for the existing building location in accordance with 414.4.1.1 A,B,C,D, lawfully existing structures that do not conform to the VCOD dimensional standards. 414.4.1.3- dimensional relief may be given in accordance with 414.8.4. 414.6.4 indicates a variance will be required. Will require a special permit per 104.4 for creation of condominium form of ownership. Project shall meet all other applicable requirements of the T.O.Y.Zoning Bylaw, 780 CMR and 521 CMR MB. Community Development: The affordable unit must meet the guidelines and standards promulgated by Massachusetts Department of Housing and Community Development(DHCD)Local Initiative Program(LIP)for inclusion in the Subsidized Housing Inventory as per the Yarmouth Zoning Bylaw Sec 412(the Affordable Housing Bylaw). The state will consider the unit a Local Action Unit(a LIP LAU). Town of Yarmouth Affordable Housing Standards also apply(provided to applicant at meeting). After formal Site Plan Review is complete,the project proponent shall make a formal application and presentation of the project using the DHCD LIP Application for Local Action Units(LAUs)to the Yarmouth Community Housing Committee,the Board of Selectmen,and DHCD. Staff anticipates the Town and state would accept any of the on-site units, as each is over-sized,and the project is new construction.Currently a 2-bedroom condominium in Mill Pond Village(121 Camp St,West Yarmouth)is listed at$175,000 with$260 monthly condominium fee;this may be priced too high as unit is not moving. It is recommended that the project proponent obtain DHCD approval prior to any petition before a Special Permit Granting Authority, and budgets 6 months to process the affordable housing compliance of the project.An affordable housing lottery will be required. The DHCD LIP Application for Local Action Units can be found on DHCD's website:http://www.mass.gov/hed/housing/ The Zoning Bylaws also allows for a cash-in lieu payment of approximately$112,750 per required affordable unit, based on current FY17 Median Income set by US HUD for Bamstable County.Any cash in lieu payment or donation would need approval by the Affordable Housing Trust. Planning: Prior to finalization of plans to submit to the Planning Board for VCOD SPR,please incorporate the following: • Buffers/Landscaoinq: VCOD projects promote the retention of large diameter existing trees throughout the property, not just in the buffers. However,the grading requirements along with the underground utilities make this difficult. To compensate,plant supplemental plantings in the courtyard area and around the septic system to address these cleared areas. Landscaped areas to be irrigated. • Utility Screening: As with screening for electrical transformers, provide screening for any ground mounted HVAC condensers and building mounted electrical meters. Show locations on the plans. • Utilities within Buffer Areas: Do not locate utilities within buffers if they Impact the ability to plant out the buffers or retain existing large trees within the buffers. This may be an Issue with the reserve area for the septic system, where a 20'buffer is required adjacent to a residential zoning district. • Sidewalks: The sidewalk adjacent to Route 28 shall be concrete or other surface approved by the Planning Board and have handicap ramps at the entrance drive. 1 I.y. • Pedestrian Connectivity: Correct pedestrian connections to provide clear pathways from parking to buildings, ' keep parking outside walkways,and avoid the need for pedestrians to have to walk within the traveiway. . • photometrics; Photometric lighting plan appears to exceed Section 301.4.10 with trespass of light at property boundaries exceeding 0.1 foot candles. Material and height of light pedestals supporting the site lights should be lower and aesthetically pleasing. • Affordable Housing: The project is required to have one affordable unit in accordance with Section 412. • Miscellaneous: Provide pre-treatment to the underground infiltration basins. Make provisions for future connection to municipal wastewater in Route 28 to avoid impacts to developed areas. Rear entrance landings were shown on the presentation plans at SPR. Conservation; The project is not jurisdictional under the Wetlands Protection Act. The parcel is jurisdictional under the Town of Yarmouth Stormwater Regulations but no filing is required if stormwater runoff is demonstrated to be contained onsite. Please see comments from engineering for review of the proposed drainage system design. Design Review: Refer to the attached Design Review Comment Sheet dated November 1,2017. As a VCOD project, compliance with the Architectural and Site Design Standards is mandatory. There were numerous items outlined in the DRC Comments as meeting the standards if specific changes were made to the site and architectural plans. These changes need to be made prior to submission to the Planning Board for the VCOD SPR, or relief must be sought with the ZBA. It would appear that revised architectural plans dated November 12, 2017 show the following Design Review Comments being met: • Modulated buildings to have a minimum of 5'setback/projection every 50. • Corrected elevations to show the correct roofline of the dormer over the staircases. • Enlarged dormer over the front entrance by 12'-18'and shown on the second floor plans. However,the following items were Identified in Design Review and will need to be shown on the final architectural plans submitted for review by the Planning Board: • Denote on the plans that the columns on the front entrance shall have an overall 8'square dimension when trimmed out with azek. • Denote on the plans that window trim shall be 1'x4'. • Provide and denote on the plans 1'x8'frieze board. • Note all trim to be azek. • Denote on the plans that window grills shall be 5/8'contoured grill(rather than flat). • Note on the plans red cedar clapboards stained gray. • Provide a covering over the back door entrance to the two units facing the parking areas. • Provide dimensions on elevations. For necessary site changes, see the Planner Comments above which include the DRC comments. / Engineering: Access aisle for handicap accessible space adjacent to existing clock tower must be a minimum of [/ 5' in width, per 521 CMR 23.00 (MB). Verify the adequacy of turning radii provided for facilitating turning muvers of emergency vehicles. On site snow storage which will not adversely impact drainage or septic restructure must be designated.Provide phase 1 erosion control to protect natural infiltration area(DA 6). Fire:Yarmouth Fire Department requires access from Wood Rd.for Tower 41. Per Chapter 18(18.1.1.3)ir Proposed commercial use will require updated plan and review of use. Proper storage and handling of chemicals will need further review. Yarmouth Fire Department supports the application,subject to applicable submissions, rmits and Inspections. te H Ith:Septic system must meet state and town regulations Water.Water main and sewer line crossing is to have the following: 10'of horizontal separation between sewer line and water main without encapsulation and each line is to be laid within separate trench. Irrigation systems must implement vacuum breaker backflow prevention device,at a minimum.Consider the addition of a fire hydrant within the development as existing firefighting infrastructure appears to have Inadequate coverage of the site. Read &Received by Applicant(s) Review Is: D Conceptual ®Formal ®Binding(404 Motels/414 VCOD/ROAD) ❑Non-binding(All other commercial projects YARHO'J'(I-I TOWN CLERK Review Is bv: ®)Tannins Board 0 pesion Review Committee '17NOV2taa:07 REC DESIGN REVIEW COMMENT SHEET Meeting Date: November 1,2017 at 3PM Room A Map: 50 Lot 108 Applicant Stuart Bornstein—Wood Road Condominiums Zone(s):VCOD VC4(and B2MMOD1) Site Location: 1121 Route 28 Persons Present: DCR Members Present n Yarmouth Town Staff Present Guests Jack McCormack t Kathy Williams Dan Ojala Sara Jane Porter S Charlie Adams Dick Martin(left et 4:15) DRC Review Started at: 3:11 PM DRC Review ended at 5:03 PM Adjournment On a motion by Sara Porter,seconded by Jack McCormack, the Design Review Committee(DRC)voted(3-0) to adjourn the November 1,2017 DRC meeting at 5:03 PM. Prolect Summary General Descrintior(: The applicant Is proposing to retain the existing building on the property,re-configure the parking and Wood Road access,and add 9 residential units In three buildings with associated utilities and site work on 1.78 acres(5.1 units/acre). The existing building will remain as office space and the drive-thru will be enclosed for use as additional office space. The pavement for the drive-thru will be eliminated and a new access off Wood Road created. The project will also utilize the existing Route 28 access and provide a total of 27 parking spaces,including two handicap spaces. The existing on-site septic will remain for use by the office building and new septic system proposed for the proposed nine(9)new residential units. New stormwater management systems will be provided and water to the new condominiums is proposed to be accessed off Wood Road. The project is proposed to be constructed in two phases with the condominiums being part of Phase II. The project is proposing to be developed under the Village Center Overlay District(VCOD),VC 4,which allows for mixed use with up to 16 units/acre. One unit needs to be affordable. Summary of Presentation: Dan Ojala,representing the applicant,gave an overview of the project. The office building has a tenant doing 3D printing of teeth which employs a few people. Mixed use development in VC4 gives a little more density(up to 16 units/acre). The office building will be the first phase. The parking between the two will be rearranged to share a common drive to the property from Route 28 and Wood Road. The canopy(752 square feet)will be enclosed and have windows. The drive-thru pavement will be removed to be greened up but leaving pavement for construction parking,so removal of pavement in drive-thru will be done last. All dwelling units to be constructed together In Phase II. There Is common septic and drainage. Utilities will be metered separately. Phase will have 13 of the parking spaces and 14 for the Phase II residential. Planted some tree in parking to meet canopy coverage required by the bylaw. Subsurface drainage for parking lots is being installed/upgraded. Site lighting is proposed for even light distribution. Saving as many existing trees as feasible. The residential home along Wood Road is very close to the property line,but the applicant pulled proposed buildings away from this area,and leaving large trees. There are some grade issues which makes access challenging. Dan noted they were considering dropping the first floor elevation of the building next to Route 28 to incorporate landings. • J • Dan noted the buildings were cape cod style, nice lighting and traditional capes with stained cedar siding(gray)and vinyl coated windows with grills(Interior to the glass). Patio doors and exterior fiberglass insulated panel door Included in attached cut sheets,but open to some suggestions. Roof Is black architectural shingle. Azek trim is proposed. The enclosure for the existing building will match the existing siding and windows. There will be some common costs for plowing,lighting and a mechanism will be in place to provide for that. PRC Questions&Discussions: Charlie Adams inquired about signage. Dan Ojala Indicated the condominiums won't have a separate sign. The existing signage will be used by the office building. Charlie Adams asked if access is limited or are both entrances two way? Dan Ojala indicated the driveways would be full directional on both drNeways. Charlie Adams asked about dumpsters. The office buildings don't need a separate dumpster,but there is one for the residential dwelling units. Sara Porter inquired about the grades to the bulding along Route 28. Dan Ojala noted that there are a few steps in the parking lot side and larger going down to Route 28. Landings need to be shown on the rear entrances. Sara Porter Inquired about trim details. Window and door trim should be 4". No frieze board is shown,which provides a better look. The proposed building front and back elevations need to be fixed to show the correct roofline of the dormer over the staircase(shown like a hip roof,when It's a gable end). Consider increasing the overhang of the first floor roof near the stairwell.Sara Porter noted that the columns on the front entrance should be square not circular and inquired as to the size. Sara proposed 8"square columns(trimmed in azek). Sara Porter noted that the dormer over the door along the front entrance to the middle unit appears a little skimpy and should be wider by 12"to 186. This dormer should be shown on the second floor plans. Jack McCormack noted ft is hard to tell some of the details on the architecture as there are errors and some information Is missing. Charlie Adams agreed as well. Dick Martin liked the mixed use and the larger size of the units. He like the buffers and retaining the woods east of the building. Likes the design of the building. Consider saving some existing mature oaks in the courtyard area. Seems like a lot of plantings,but the large area cleared out for the buildings and septic could use some more greenery. Consider adding additional new trees if existing trees can't be retained. Lowering the front building would be great. Parking seems fine and meets other bylaw requirements. Dick Martin suggested finding another name for the condominiums. Review Comments in Relation To The Design Standards SITING STRATEGIES Sect. 1.Streetscaoe 0 N/A ®Meets Standards,or 0 Discrepancies: The proposed buildings front along the street(both Route 28 and Wood Road)to help define the streetscape and Includes street trees and street-oriented entrances. The existing building fronts along Route 28 and includes street trees and sidewalk along Route 28. Sect. 2.Tenant Soaces 01NIA 0 Meets Standards,or 0 Discrepancies: Sect. 3.Define Street Edo, 0 N/A ®Meets Standards,or 0 Discrepancies: See Comment for Sect i above. Sect.4.Shield Lame Buildings RNA 0 Meets Standards,or 0 Discrepancies: Sect. 5. Design a 2ntl Story 0 N/A ®Meets Standards,or 0 Discrepancies: Sect.6. Use T000 to Screen New Development MI N/A 0 Meets Standards,or 0 Discrepancies: The existing and proposed buildings are in context with the surroundings and do not need to be screened with enhanced topography. • Sect.7.Landscape Buffers/Screening 0 N/A ®Meets Standards,or 0 Discrepancies: Many larger diameter trees In the buffers are shown to be retained and protected during construction, especially those adjacent to the residential home along Wood Road. Supplemental plantings and trees have been incorporated into the design for buffering and screening. As a VCOD project,all trees shall be 3" minimum caliper and planted every 30 feet in buffer areas. Suggest retaining a few trees within the center of the site,where feasible or adding more trees within the courtyard area or near the septic system. Supplemental plantings are required adjacent to the residential home(RS 40 zoning district)to create a virtually opaque screen. Landscaped areas will be Irrigated. Provide additional screening for electrical transformers and any HVAC condensers. Dumpster is shown fenced and vegetated Fencing shall be 6'PVC white solid fencing. Do not locate utilities within the required buffers If they Impact the ability to plant out the buffers or retain existing large trees within the buffers. This maybe an issue for the reserve area for the septic system which requires a 20'buffer as it is located adjacent to a residential zoning district Sect.8.Parkins Lot Visibility 0 N/A ®Meets Standards,or O Discrepancies: New parking is located to the side or rear with adequate landscape screening. There is one existing handicap space within the front yard setback that will remain. Sect.9. Break uo Lame Parking Lots 0 WA ©Meets Standards,or 0 Discrepancies: Parking lots are broken up with in-lot trees and Islands and are shown to meet the canopy requirements of the VCOD(Section 414.8.9.4). Sect. 10.Locate Utilities Underground 0 N/A ®Meets Standards,or O Discrepancies: All utilities to be underground and all HVAC condensers and transformers to be fully screened per section 418.8.9.2. Sect. 11.Shield Loading Areas ®N/A 0 Meets Standards,or O Discrepancies: BUILDING STRATEGIES Sect. 1.Break Down Building Mass—Multiple Bldgs, 0 N/A ®Meets Standards,or 0 Discrepancies: Sect.2.Break Down Building Mass—Sub-Masses 0 N/A 94 Meets Standards,or 0 Discrepancies: Sect.3.Vary Facade Lines 0 N/A ID Meets Standards,or O Discrepancies: Meets the standards should the following comments be incorporated into the architectural plans. The proposed residential building modulations must be a minimum of 5'every 50,which the proposed buildings do not have. Sect.4,Vary Wall Heights 0 N/A ®Meets Standards,or 0 Discrepancies: Sect.5.Vary Roof Lines 0 N/A ®Meets Standards,or 0 Discrepancies: Meets the standards should the following comments be Incorporated Into the architectural plans. The proposed building front and back elevations need to be fixed to show the correct roofline of the dormer over the staircases. The columns on the front entrance should be overall 8"square and trimmed in azek. The dormer over the front entrance to the middle unit is too small and should be wider by 12"to 18". This dormer should be shown on the second floor plans. Sect,8.Bring Down Building Edges 0 N/A ®Meets Standards,or 0 Discrepancies: • • Sect.7,Vary Bulidina Malls For Depth 0 N/A ®Meets Standards,or 0 Discrepancies: Meets the standards should the following comments be incorporated into the architectural plans. Window trim should be 1x4. Provide a 1x8 frieze board. For the Windows provide 818"contoured grills. Sect.8. Use Traditional&Natl.Buildlnc Mat'Is O N/A ®Meets Standards,or❑ Discrepancies: Per the submittal,provide stained gray red cedar clapboards. Sect.9.Incorporate Pedestrian-scaled Features ❑NIA @ Meets Standards,or 0 Discrepancies: Meets the standards should the following comments be incorporated into the architectural plans. Provide a covering over the back door entrances to the two units facing the parking area. Sect. 10. Incorporate Enercv-efficient Desio4 0 N/A Q Meets Standards,or 0 Discrepancies: On a motion by Jack McCormack,seconded by Charlie Adams,the Design Review Committee(DRC)voted(3- 0)that the proposed VCOD mixed-use project at 1121 Route 28 as presented at the DRC meeting of November 1,2017Is in compliance with the Siting and Building Strategies outlined in the Architectural and Site Design Standards,with the modifications noted above. Next step for applicant: ® Go to Site Plan Review 0 Return to Design Review On a motion by Sara Porter,seconded by Jack McCormack,the Design Review Committee(DRC)voted(3-0) to approve the DRC Comments as meeting minutes for November 1,2017 meeting for the mixed use development proposal at 1121 Route 28. J \ IsC4 ATTACHMENTS: • November 1,2017 Agenda • VCOD Site Plan Review Application • Narrative dated October 5,2017 and October 17,2017 • Aerial&Locus Maps • VCOD Checklist • Material Cut Sheets • PLANS: o Site Plans—All plans entitled"Site Plan of Land of#1121 Route 28 South Yarmouth,MA- Wood Road Condominiums prepared for Shoestring Properties LP",prepared by Down Cape Engineering and dated and stamped October 5,2017,unless otherwise noted below: • Sheet 1 of 5—LayoutILandscape • Sheet 2/5—Utilities&Grading • Sheet 3/5—Existing Conditions • Sheet 4/5—Septic Detail Sheet • Sheet 5/5—Detail Sheet • Erosion Control,dated and stamped October 23,2017 o Architectural Plans—Existing Building—All plans entitled"Building Plans of 01121 Route 28 South Yarmouth,MA prepared for Shoestring Properties,LLC",prepared by Down Cape Engineering,and dated and stamped October 5,2017: • Existing—North Elevation&Floor Plan • Existing—East,west and South Elevation • Proposed—East,West and South Elevation • Proposed—North Elevation&Floor Plan o Architectural Plans—Proposed Building—All plans entitled"Proposed Townhouses for Shoestring Properties LP 81121 Route 28 South Yarmouth Massachusetts",prepared by DP Architect,and dated and stamped May 13,2017,unless otherwise noted below. • A-1-1K Floor Plans • A-2—2"d Floor Plans • A-3—Exterior Elevations,revised August 18,2017 • A-4—Exterior Elevations Clark, Sandi From: Grylls, Mark Sent Thursday, February 8, 2018 4:05 PM To: Clark,Sandi Subject Fwd: New MGL Attachments: image001.gif FYI Sentirom my iPhone Begin forwarded message: From: "Daniel A. Ojala PE, PLS" <downcape@downcape.com> Date: February 8, 2018 at 3:47:15 PM EST To: "'Grylls, Mark"'<marvlls@varmouth.ma.us> Cc: "Stusse, Michael" <mstusse@capecodlawyers.com> Subject: RE: New MGL " Ee OK, I see, definitely a lot of variables on this one. Always good to avoid variances when we can, I thought the overhang setback was the only issue, the 2016 MGL change says treat even a building put there without a permit that is over ten years old as any normal legal nonconformity for zoning purposes, but then as you say we then get into the VCOD that talks about variances for such legal nonconformities, I think I get it, Thanks, Dan O. From:Grylls, Mark rmailto:mgrvlls@varmouth.ma.usl Sent:Thursday, February 08,2018 3:13 PM To:'Daniel A.Ojala PE,PLS'<downcape@downcape.com> Subject: RE: New MGL Hi Dan, Such structures are protected from the town taking action in accordance with MGL 40a Section 7. Uses are not protected.This has been a part of MGL for quite some time. The developer has decided to proceed using the VCOD overlay to benefit them in some way in exchange for the benefits afforded by the VCOD overlay district.As you are aware,the VCOD has a maximum front yard setback from Route 28.The existing building exceeds that maximum.Section 414.4 regulates non- conforming uses and structures.Section 414.4.1.3 directs you to section 414.6.4 which specifically states that maximum front yard setback relief is in the form of a variance. Enclosing the drive through may also require a variance as it is in the Wood Rd setback if I recall. Attorney Stusse I do not have a set of plans in front of me but Attorney Stusse has also determined that this is the relief he feels is necessary. I hope this helps clarify the this complex project. Talk soon, Mark 1 1 I I �_ IO ,,. architect • Woonsocket I Rhode Island 401-762-5082 dparchitect@cox.net 80.-a- 27-a" 26'-0' 27-0" • n E� a, r 1� \ / - = BEI) RM-t)\[1] 1 x 12 r}--'tI, LMNC ARFO i Project I I n T=1 14 x 17 il I gg II. ern RM-t)\11 yi g R � ■II Proposed „ x ,z y sus SI 'I. 015 z AREA },...,.... ,'s.«.,,..^ i' ic .I' Townhouses �I� �� f IIx 6 ,, ��� _�.. i 9L45 .. --- t t x 811 4 w i� for r., _. . 1111111 ; �— � � �. i ' t I Shoestring x Properties LP a �. ��� i� HROHF� u1QL. IIIl r.. �.... oNM. 4l7J1I1J[ I b Lit .11i 1 - <.v �� 6 x S F iI 0 11�IIII; ». KRCHFN rN] s— „L, Route 28 9 " ro H ® y Ni �"�,",, South Yarmouth -^^'�'"" / DINING AREA " iAVFrF I cns �I �� II�Itl� / 2 �f6x I Massachusetts 8x5 i '`l p _y 5 f i..,. .,.,,... i • I a •„e, : ,.: : O i. to el Cqncept Drawing pm _ D�"Z rx 9°0 /l. _' Ell/ Not for Construction ono I ho �,=,....„..._,_,,,,,,„,,,,,,k / 9�o 1 I Itiry� f �,.' Ih ., . ® ID 5 0 . C1 Revised:Nov,12,2107 l =vin A=NWA II.Mn—s—YAW/ Srii r—r=rts.,m%i vm+ei mw vri Date:May 13,2017 - Drawn by:DRP 0 [3 Sheet Contents UnitA Unit B • Unit C 1st FLOOR AREA - 1,080 SF 1st FLOOR AREA - 1,034 SF 1st FLOOR AREA - 1,080 SF 1st Floor Plans 1 2nd FLOOR AREA - 773 SF 2nd FLOOR AREA - 590 SF 2nd FLOOR AREA - 773 SF TOTAL AREA - 1.853 SF TOTAL AREA - 1,624 SF . TOTAL AREA - 1.853 SF First Floor Plan Drawing No. Scale: 1/4"=1'-0” 0 5 10 15 20 25 I ,r Graphic Scale ,{�� �� Sheet 1 of 4 1 7� JI architect Woonsocket Rhode Island 401-762-5082 dparchitectQcox.net ii r I r • t , Project Proposed "r,,"„ M ' Townhouses (.I* i� l ; (JLC-.) i r ' 0 J Wio IN , OFFICE-MEDIA 2s M4 RM II I11 BF ROOM4 7 s CI OSFj l JL� i :1 III ' 7x7II for '��I' _rill � s ----= ill�I■ Shoestring 'f M^ ���; H� L • Properties LP ' E ' _ .,T. 111_ iar4/. UNrq / 6 x 5 .. - etrroi . � fi� enTM 2 a"'i` / 'IIII' � 4. ' C� LOS+xr rw ' ' �� _ ; ' ' #1'121 h . i0uu1: § 9 z 9 .zwnnv w4rl+ni .... r ',, ''I fZOUte 2$ 111110111 1111 1 '. �1 xI met 101111 Souts t � Massachusetts (ATnC-CMRAGF s......r...�.��.w..nv.. ...... . 41 m'M �` 1 Concept Drawing Not for Construction di ucm El lornenzei • ^NV",WM r0151/ r L OFFlCE-MEDLe RM _ �, � % j Revised:Nov.12,2017 19x11 ` ' Date:May 13,2017 I I Drawn by:DRP L J L J Sheet Contents Unit A • Unit B I Unit C 2nd FLOOR AREA - 773 SF I 2nd FLOOR AREA - 590 SF 2nd FLOOR AREA - 773 SF 2nd Floor Plans Second Floor Plan Scale: 1/4"=1'-0" • 0 5 10 15 20 25 DrawinANo. • Graphic Scale • -_� Sheet 2 of 4 I - t II bit:T Ty . architect Woonsocket . \ Rhode Island 401-762-5082 InaJ— — — dparchitectQwx-net ?irt 'Lr Y %'- . "NNN • _ w ,tali _ -_ I w — Project rN. n� Proposed Townhouses for • • Side Elevation Shoestring . 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I I I COUNTER ICC/FORMER DRIVE MRV MENS •ROOM - •` / • / • r LICi BREAK ESt/ CLOSET•• AREA • id/ - LADIES ROOM /1 - • Ss 4„/ / •y CLOSET • r- OFFICE - r 1 SIBS SF TOTAL%MOUT DRIVE TNRU AREA - . -1 I- J OFFICE I I - ��AAllll L _i ' - 4i I • • I •` I • // I '. - mama OFFICE • OFFICE / / ` / • ENTRANCE / • FOYER ' • •/ • • f-% S IV _- 1_ _ MAIN ENTRANCE • EXISTING . BUILDING PLANS ' OF • 1 #1121 ROUTE 28 OFFICE FLOOR PLAN SOUTH YARMOUTH, MA PREPARED FOR a� • SHOESTRING PROPERTIES, LLC PwRI •k�� •` i DATE 10-5-2017 N moo.T &OQ(TOMER •N // `.i• / ..--. 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I land surveyors 559 Mob Street(Ni. A) YAMMWnrPORT MA 02675 DCX #16-275 , 16-275 BD 4StNa45 • - ��: ' ;. . misiA; 'tali tarp It • . • of , G _251' LOCUS MAP SCALE l' 2000$ ASSESSORS MAP SD PARCEL 105 07 47 U s DRIVE THRU AREA 3 6 U ]52 SF N FIRE EXIT • COUNTER FOR FORMER DRIVE INR, 7.5' '♦ MENS ROOM `11 \ / 'L+ `\ 36.9' .y•__ i' A loll ' 1 ,A�SI,/ •\\ V'/ MTV fOPMEt 9 BREAK AREA ❑ \\ \ j '% CLOSET .. VAULT AREA N O v./ W O p m \ i LADIES ROOM N _ `♦ i 8.5' ♦a/ —].5' J ---4CLOSET O OFFICE r 7.5' 8 3195 SF TOTAL/15111011T T DRIVE THRU AREA I I- t mr --I L7 OFFICE I I _ i.; L J _y N / / \ / \ I `♦ _ OFFICE -.6; OFFICE N / —s.a� OFFI[E u / ``♦ / i `\ iR wFO�YER a v 11.5' / ♦ . —8.8. 11.3' i \ • / • —7.6' r% ♦♦ I- 6' • _— 6= _ MAIN ENTRANCE d "g €x. Up FLOOR PLAN s In OFFICE 7 _? I 'A N • DUCK TOWER ♦ / 23.4' / v SCALE 1/1'- 1'-O' / \ — 0 2 1 II 8 10 FEET I 1 I CONDOMINIUM FLOOR PLAN OF #1121 ROUTE 28 SOUTH YARMOUTH, MA 1121 ROUTE 28, SOUTH YARMOUTH CONDOMINIUM • PREPARED FOR I CERTIFY THAT THIS PLAN FULLY AND I CERTIFY THAT THIS PLAN FULLY AND I CERTIFY THAT THIS ACTUAL SURVEY WAS MADE ON SHOESTRING PROPERTIES LP ACCURATELY DEPICTS THE LOCATION AND ACCURATELY DEPICTS THE LAYOUT, THE GROUND IN ACCORDANCE MTh THE LOUD COURT DIMENSIONS OF THE BUILDINGS AS BUILT AND LOCATION,UNIT NUMBERS AND DIMENSIONS INSTRUCTIONS OF 2005 ON CR BETWEEN FULLY US1S 1HE UNITS CONTAINED THEREIN,AND OF-BUILDING A'AS BUILT. YMCH 30,2016 AND JUNE 17.2016 DATE 11-2-2011 FURTHER FULLY AND ACCURATELY DEPICTS. LOCATES AND PROMDES THE DIMENSIONS OF ALL LIMITED OR EXCLUSIVE USE COMMON AREAS MDSodsl x20' FACILITES OF'HE CONDOMINIUM OUTSIDE Cr ANY BUILDING. oN6Ei 0 f0 I 0 111 ]II U SO FIEF Iell n lW-M2-4541 3533''R 0 s J 500-38um tL-'L-n �.� L�� lt'ti n ---- 2:4 LU' C7� Jowl cape en6ii ernInc. 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