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HomeMy WebLinkAboutpetition 4868TOWN OF YARMOUTH BOARD OF APPEALS APPLICATION FOR HEARING �. �_ Appeal#:g'' Hearing Date: — Fee$ Owner -Applicant: ,TAMES IGOE YARMOUTH TOWN CLEF 120N1=1V17pm3:45 REC 40 Skeehan Street, Somerville, MA 02143 ($08) 362-7799 (Attu) ptardif(a,tardiflaw com (Address) (Telephone Number) (Email Address) and is the (check one) ❑ Owner ❑ Tenant XX Prospective Buyer ❑ Other Interested Party Property: This application relates to the property located at: 43_ Webster Road, West Yarmouth and shown on the Assessor's May 29 as Parcel 233, Zoning District: R-25 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"): Construct Single Family dwelling an_a pre-existing non -conforming lot which is currently improved with a garage RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: 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. 2) XX SPECIAL PERMIT under §104.3.2(2) of the Yarmouth Zoning By-law and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 AL(use space below if needed) 3) 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: Relief sought: Section; Relief sought: Section: Relief sought: ADDITIONAL INFORMATION: Please use the space below to provide any additional information which you feel should be included in your application: *or for any additional relief to which the Board deems is appropriate. FACT SHEET Current Owner of Property as listed on the deed (if other than applicant): MICHAEL PARIANOS and ADRIANA PARIANOS Title deed reference: Book 25169, Page 180 Use Classification: Existing: Single Family Proposed: Single Family Is the property vacant: No Lot Information Size/Area: 11,326 slf §202.5 # Al §202.5 # Al Plan Book 47, Page 113 Is this property within the Aquifer Protection Overlay District? Yes No XX Have you completed a formal commercial site plan review (if needed)? Yes— No XX 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: Building, Health 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. Unknown Address: 490 Main Street Yarmouth Port, MA 02675 Phone: (508) 362-7799 E-Mail: ptardif@tardiflaw.com //7' kFo Building gotgAsioner Signature Date A 60 I io Bk 25169 P':!3 130 146.9 QUITCLAIM DEED 1, Ro$ERT GRAHAM, JR, 653 Old Westport Road, Dartmouth, Bristol County, Massachusetts 02747, for consideration paid and in full consideration of One Hundred Sixty Thousand and 00/100 ($160,000.00) Dollars grant to MIcH EL & ADRIANA PARIANos, 10 Turtleback Road, Essex, Massachusetts 01929, husband and wife as Tenants by the Entirety with Quitclaim Covenants The land and buildings in West Yarmouth, bounded and described as follows NORTHEASTERLY by Webster Road, as shown on a plan hereinafter mentioned, One Hundred Twenty -Four and 72/100 (124.72) feet; SOUTHEASTERLY by land formerly of Thomas S. Crowell, later of L. Robert MaeIvor, et al, Trustees Ninety (90) feet; SOUTHWESTERLY by Lots 87 & 89, as shown on said plan, One Hundred Twenty -Three and 62/100 (123.62) feet; and NORTHwEs'TERLY by Lot 90, as shown on said plan, Ninety (90) feet. BELNo SHOwN as Lots 86 & 88 on plan entitled "Colonial Acres in Lewis Bay in West Yarmouth, Mass, Amended to Nov. 1930" which plan is filed with Barnstable County Registry of Deeds in Plan Books 47, Page 113 ' and being described as Parcel III in the deed of Nancy I Graham dated August 7, 1987 and recorded with said Deeds in Book 5878, Page 277. Nancy I. Graham died on July 17, 2002 WI'TNEss my hand and seal this 0"day of January, 2011. Executed in the presence of WITNESS ROBERT GRAHAM, JR. K x Bk 25169 Pg 181 #1469 Commonwealth of Massachusetts Bristol, ss On this (bay of January, 2011, before me, the undersigned notary public, personally appeared ROBERT GRAHAM, JR, whose identity was proved to me through a Massachusetts Driver's License to be the person whose name is signed on the preceding or attached document, and acknowledged to me that the signatory signed it voluntarily. NOTARY PUBLIC QNI MY COMMISSION EXPIRES: ,``',•'r4AC�' ��.. -,• 0CAPONIBLIC �� ;aa C=IVEAL c.hha zoi3 :,,,u %.�� ,••�' ate+p", 5 •' MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date. U-10-2011 & 11:58am Ct1.: L75 Doc,: 1469 Fee: $547.20 Cons: t16:71000.80 BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 01-111-2i111 8 11: S8am Ct10; 67 Doc': 1469 Fee: $432.�3�� Cans:f60►Ctp0,i?il BARNSTABLE REGISTRY OF DEEDS YARMOUTH BOARD OF APPEALS ABUTTERS LIST Petition#� Name: James Igoe Filing Date: Hearing Date:M41— Property Location: 43 Webster Road West Yarmouth MA 02673 Map Number Lot Number Map Number Lot Number Applicant # 29 233 29 159 Abutters #'s 234 220 235 219.1 236 160 237 219.2 238 30 128 232 129 231 130 230 131 226 132 227 117 228 118 239 119 240.1 21 30 241.1 147 148.1 229 221 222 225 223 224 2 Labels-1 Hard Copy Assessors Field Card with photo Andy Machado, Director of Assessing Abutting Properties for 43 WEBSTER RD WEST YARMOUTH, MA 02673 291 2331 1 1 (300 feet) Location: Location: Location: 29/ 2281 1 / 301 128/ 1 1 291 2321 1 1 46 WEBSTER RD 52 ALDEN RD 47 WEBSTER RD Owner: Owner: Owner: DAWE DIANE E HEBERT ALEX B CRIVELLI ANDREW H TRS 245 JENNESS ST 123 FARRAGUT RD CRIVELLI JANCIE G LYNN, MA 01904 BOSTON MA 02127 21 CLAM PUDDING , PLYMOUTH, MA 02360 Location: Location: Location: 21/ 30/ I / 29/ 1471 1 1 291 2391 / 1 114 STANDISH WAY 30 BREWSTER RD 51 BREWSTER RD Owner: Owner: Owner: OCEAN RESORTS MARKETING INC KELLY LAVIN NANCY THOMPSON MICHAEL W CIO COLONIAL ACRES RESORT LAVIN CHRISTOPHER T THOMPSON CATHERINE R 114 STANDISH WAY 36 HIGH ST 4 LEDGEWOOD DR WEST YARMOUTH, MA 02673 MEDFIELD, MA 02052 DOVER, MA 02030 Location: Location: Location: 291 241.11 / 1 291 240.11 1 1 291 233/ 1 1 106 STANDISH WAY 102 STANDISH WAY 43 WEBSTER RD Owner: Owner: Owner: CARPENTER JOYCE MARCELLINO STEPHEN M PARIANOS MICHAEL 106 STANDISH WAY MARCELLINO KAREN KELLY PARIANOS ADRIANA WEST YARMOUTH, MA 02673 45 BRADFORD BLVD 10 TURTLEBACK RD YONKERS, NY 10710-3639 ESSEX, MA 01929 Location: Location: Location: cation Lion : 29/ 2381 I I 29/ 2341 1 1 48 BREWSTER RD RD 37 WEBSTER RD 1 1 Owner: Owner: 33 WEBSTER RD THOMPSON MICHAEL W MCGOVERN WALTER F TRS r: Owner: THOMPSON CATHERINE R 37 WEBSTER RD RLTY TRUST KROL CAITLIN 4 LEDGEWOOD DR 444 W BOYLSTON ST R 33 WEBSTER STEER R D DOVER, MA 02030 WORCESTER, MA 01606-3225 WEST YARMOUTH, MA 02673 Location: Location: tion cation : Location: 29/ 237/ 1 ! 291 148.11 1 1 96 STANDISH WAY 91 STANDISH WAY 1 1 Owner: Owner: 58 ALDEN RD LIBERTY LINDA J TRS STEINKRAUSS MARK A TRS Owner: LIBERTY WYNSOR C TRS 91 STANDISH WAY REALTY TRUST HALLLI P K ALL PHILLI 96 STANDISH WAY 91 STANDISH WAY ALDEN RD WEST YARMOUTH, MA 02673 WEST YARMOUTH, MA 02673 WEST YARMOUTH, MA 02673-57Q4 Location: Location: Location: 301 132/ 1 1 301 1311 1 1 301 1301 1 / 55 ALDEN RD 59 ALDEN RD 63 ALDEN RD Owner: Owner: Owner: MURRAY NEIL H JONES ROBERT A CO-TRS WALL MARY E MURRAY JANET JONES SHIRLEY CO-TRS CIO KEVIN J JUDGE 55 ALDEN RD 1165 CLAM CT APT 12 13 PARK ST WEST YARMOUTH, MA 02673 NAPLES, FL 34102-0564 HARWICH, MA 02645 Location: Location: Location: 29/ 2291 1 1 301 1181 1 1 30I 1191 1 1 50 WEBSTER RD 56 WEBSTER RD 58 WEBSTER RD Owner: Owner: Owner: NAJARIAN VIRGINIA LOSCHI CHRISTOPHER D MALONEY PETER J 65 AZALEA RD LOSCHI MARGARET A MALONEY DEBRA M WALTHAM, MA 02452-4748 11 SENECA DR PO BOX 483 EAST GRANBY, CT 06026-9772 MILTON, MA 02186 Location: Location: Location: 291 231/ 1 1 291 230/ 1 1 301 117/ 1 1 51 WEBSTER RD 55 WEBSTER RD 59 WEBSTER RD Owner: Owner: Owner: VASILAUSKAS BARBARA ANN MARAVELIS CHRISTOS REA PAUL S TRS P O BOX 5094 MARAVELIS HELEN REA KATHLEEN M TRS NORWELL, MA 02061 90 ORCHARD ST 112 PARK RD BOSTON, MA 02130 CHELMSFORD, MA 01824-4300 Location: 291 11 Location: Location: 92 STANDISH WAY 291 2271 1 1 29/ 2211 I I Owner: 44 WEBSTER RD 45 ALDEN RD CATALONI J TR Owner: Owner: L FAMILY FAMILY TRUST R PALAIA DONALD J PIHL RUTH G 20 PI RI 20 PILGRIM RD 112 CROWN ST 45 ALDEN RD WEST YARMOUTH, MA 02673 BRISTOL, CT 06010 WEST YARMOUTH, MA 02673 Location: Location: 291 2221 1 1 Location: 29/ 2261 1 1 40 WEBSTER RD 39 ALDEN RD 291 2251 I I Owner: Owner: 34 WEBSTER RD MCCARTHY CATHERINE MORRIS LAWRENCE MORRIS BARBARA M Owner: BROWN OWN LORRAIN IN E J 22 ELMWOOD DR KENNETT SQUARE, PA 19348 33 BURBANK RD 263 CONCORD RD RD SUTTON, MA 01590-2429 Location: 291 1 1 Location: Location: 80 STANDISH WAY 291 2241 1 1 291 1591 11 Owner: 86 STANDISH WAY 85 STANDISH WAY RULLO PASQUALE Owner: Owner: RULLO IA MORAN KIMBERLY A ONEILL JOHN F 9 DUDLEY RRD D 194 PEACH ST 61 MELROSE ST LEXINGTON, MA 02421 WESTFIELD, MA 01085 MELROSE, MA 02176 Location: Location: Location: 291 2201 1 1 291 219.11 1 1 29/ 1601 1 1 44 ALDEN RD 38 ALDEN RD 81 STANDISH WAY Owner: Owner: Owner: REBMAN CAROLE EVELYN TR BLACKMAN ERIK CAPUTO ANGELO TRS CAROLE RECKENDORF REBMAN TR BLACKMAN KRISTIN CAPUTO MICHELLE B TRS 44 ALDEN RD 12 ELMAR DR 27 SOUTH BEDFORD ST WEST YARMOUTH, MA 02673 FEEDING HILLS, MA 01030 BURLINGTON, MA 01803 Location: 291 219.2/ 1 1 74 STANDISH WAY Owner: LOVETT CORY S TRS LOVETT SALLY A TRS 74 STANDISH WAY WEST YARMOUTH, MA 02673 PURCHASE AND SALC'_AGRWE-MEN 7-7f This /f _clay cif November 2020. 1. PARTIES. Michael Parianos and Adriana Parianos, both of 10 Turtleback Road, Essex, MA, 01929, hereinafter called the, Seller, agrees to SELL and .lames Igoe, of 40 Skeehart Sheet, Somerville, MA 02143, hereinafter called the Buyer or Purchaser, agrees to BUY, upon the terms hereinafter set forth, the following described premises: 2. DESCRII'T_ IUN.. The land with improvements thereon located at 43 Webster Road, West Ymiouth, MA, being the premises described in the a deed in the Bamstable Registry of Deeds in Book 25169 page 180, and shown in plan Book 47 page 113 as lots 86 & 88, 3. BUILDINGS STRU T l . S IMEROVEMENTS.fIXTURES. Included in the 7-7 part of said P g(s), structures, and improvements now thereon, and sale as a remises ors the btiildin the fixtures belonging to the Seller and used in connection therewith and located thereon, in AS IS condition, without warranty of any ,kind by the seller. 4, TrMC D 12., Said premises are to be conveyed by a good and sufficient quitclaim deed running to the 'Buyer or to the nominee designated by the buyer by written notice to the Seller at least seven days before the deed is to be delivered us herein provided, tend said deed shall convey a good and clear record and marketable title thereto, free from encumbrances, except: (a) Provisions of existing building And zoning laws- (b) Existing rights and obliptions in party walls which are not the subject of written agreement; (c) Such taxes for the then current year as are not due and payable on. the date of the delivery of such deed; (d) Any liens for municipal betterments assessed after the date of this agreement; (e) All easements, restrictions and rights of way of record, if any, to the extent the same are now in - orce And applicable provided they do not substantially interfere with the use of the prcmiscs for residential purposes_ 5. ELANS, If said deed refers to a plan necessary to be recorded therewith, the Seller shall deliver such plan with the deed in form adequate for recording or registration. 6. RIECISTlEB D 11,TLE. N/A 7. PURCHASE PRICE.. The a*00,41 tu+chase price for said premises is d 00/100 Dollars of which: ' AP za•d XV3 israssyz ors znfts:t-n ozizzftr $ have been paid this date, and $� are to be paid at the time of delivery of the deed by certified, cashier's, treasuxcr's or bang chock, or closing; attomey's IQLTA check, or wired funds if elected by the seller. $ TOTAL S. TIME FOR PERFORMANCE,,, DELIVERY OF DEED, Such deed is to be delivered at 10:00 o'clock A.M. on or before'thci 1-Its' day of.lanuar�y, , 20121, at the Harnstable Registry of Deeds, or at the office of the buyer's attorney (located within Barnstable County) unless otherwise agreed upon in writing. It is agreed that time is of the essence of this agreemen.l. See also paragraph 33. 9. PU USyIUN AND CONDITION iJ + PIIi UMISES. Full possession of said premises is to be delivered at the tilne of the delivery of the deed, said prernises to be then (a) in the same condition as they now are, reasonable use and wear thereof excepted and (b) not in violation of said building and zoning laws, and (c) in compliance with the provisions of any instrument referred to in Paragraph 4 hereof. The Buyer shWI be entitled to an inspection of said premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this paragraph. 10. EXTEL4SIQN T _ %ZR .r i`i'I"LE R 1v1.AIC ;1p t MI4ES CONFORM. If the Seller shall lye unable to give title or to make conveyance, or to deliver possession of the premises, all as herein stipulated, or if at the time of The delivery of titc deed, the premises do not conform with the proviaions hereof, then Seller shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the said premises conform to tjpz,provisions hereof, as the caw may be, in wbich event the time for performance hereof shall be extended for a period of thirty days. In no event shalt the Seller be obligated to expend more than $2,500.00 to make the premises conform herewith . 11. FAILURE TO PERFECT TITLE ,4R Ai"Li tEM�w IN,f 0LkM, If at fire expiration of the extended time, the Seller shall have failed so to remove any defects in title, deliver possession or trtake the prernWs conform, as the case may be, all as herein agreed, or if at any time during the period of this agreement or any extension hereof, the holder of a inortgage on, soil prmises shall refuse to permit the insurance proceeds, if any, to be used for such purposes, then, at the Buyer's option, any payments made under this agreement shall be forthwith refunded and all ether obligations of all parties hereto �ht ll cease and this agreement shall be void without recourse to the parties hereto. 12. BUYER WC TION T0._ACrE PT. TITLE,. The Buyer shall have the election, at either the original or any extended time for performance, to accept such title as the Seller can deliver to the said premises in their then condition and to lay therefore the pt=hase price without deduction, in which case the Seller shall convey such title, except that In the event of such conveyance in accord with the provisions of this paragraphs, if the said premises _Anil have rs'd xBa .raMSVI aH KYLE1ba OZ./Zr/TT been damaged by fire or casualty insured against, than the Seiler shall, unless the Seller has previously restored the prerrxises to their farmer condition, either: (a) pay over or assign to the Buyer, on delivery of the deed, all remounts recovered or recoverable on account of such inmrance, less any amounts reasonably expended by the Seller for any partial restoration, or (b) if bolder of mortgage on said premises shall not permit the insurance proceeds or a part thereof io be used to restore the saki prerndses to their former condition or to be so paid over or assigned, give to the Buyer a credit against the purchase price, on delivery of the deed, equal to said amounts so recovered or recoverable and retained by the holster of the said mortgage less any amounts treasonably expended by the Seller for any partial restoration. 13. ACCEPTANCE OF DEED. The acceptance and recording of a deed by the Buyer or .his nominee, as the case may be, shall be deemed to be a full performance and discharge of every agreement and obligation herein cotitained or expressed, except such as are, by the express terms hereof, to be performed after the delivery of said deed. 14. USE -OF PURCHASE MQBM MQ GLEAR TITLE, To enable the Seller to make conveyance as herein provided, the Seller ffmy, at the time of delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or Interests, provided that all Instruments so procured are recorded simultaneously with the delivery of said deed or in due course thereafter in accordance with customary practice in Barnstable County. 15. INSURANCE. N/A 16, A&MIUM> Writer use c:haWs, betterments asseuoq prior to date of this agreement, and taxes for the then current year, shall be apportioned as b. f the day of performance of this agreement and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the Buyer at the time of delivery of the deed. 17. ADJUSTMENT OF U AN5g8S D 6_Nl7► AB TOT S. If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned on the basis of the taxes assessed for the preceding year, with a reapportionment as soon as the now tax rate and valuation Can be ascertained; and, if the taxes which are to be apportioned shall thereafter be reduced by abatement, the amotmt of such abatement, less the reasonable cost of obtaining the saene, shall be apportioned between the parties, provided that neither party shall be obligated to institute or prosecute pruccudings for an abatement unless herein otherwise agreed, I R. ]BROKERS, FEE, A broker's commission will be, paid by the Seller to Kintin Grover heal Estate, according to their listing agreement, at the time of We and payment of the purchases price, but not otherwise. 19_ MOS—IL All deposits made hereunder shall be bell by Kinlin Grover ltnal Estate, In a non -interest -bearing account, to be accounted for at the time and place cif the closing. In the Ar tFa-d XY3 13ruasyl dH HVLE'zva 03l2T{TT event of any disagreement between the parties, the escrow agent shall retain all deposits made under this agreement pending instructlonj mutually given by Buyer and Seller or an order of a coud of a competent jurisdiction. 20. BUYER'S DEFAULT-, AAMAGES. if the Buyer shall tail to fulfill the buyer's agreements herein (for the purchase of the property), all deposits made hereunder by the Buyer shall be retained by the Seller as liquidated damages, which shall be Seller's sole and exclusive remedy at law or in equity. 21. TAXINFORMATION. At the time of delivery of the Seller's dead, the Seller shall. execute and deliver to the Buyer and any title insurance company insuring title to the premises (tor the Buyer or for any lender granting mortgage fmancIng to the Buyer with respect to the premises) either (I) an affidavit setting forth that the Seller is not a foreign person and providing the Seller's taxpayer identification number or (H) such other documentation as is required by Section 1445 of the Internal Revenue code any regulations promulgated thereunder to exempt the Seller and/or the sale of the premises from the provisions of said Section 1 d45; further, the parties agree to provide the Individual primarily responsible for holding the closing of the Property all intomLation or affidavits required by Federal, State and/or local law or regulation. 22. TITLE MRANCE AFFIDAVIT. At the time of the delivery of the Seller's deed the Seller shall, if requested by the Buyer, exc cute and deliver an affidavit to any title insurance company insuring title to the premises to the Buyer and/or any lender granting mortgage financing to the Buyer with respect to the premises stating that there are no parties in possession of the premises and that no work has been done which would entitle anyone to claim a mechanic's lien or laborer's lien with respect to the premises. 23. I&L'tRALITY OF TRUSTEE SHAREHOLDER, BENEFICIARY. If the Seller or Buyer executes this agreement in a representative or fiduciary capacity, only the principal or the estate represented shall be bound, and neither the Seller or Buyer 90 executing, nor any shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or implied, hereunder. 24. UFrI_JNSUI.,AT1. NIA 25. NO'ITYCM, All notices required hereunder shall be deemed to have been duly given if in writing and delivered by hand or mailed by registered or certified mail, postage prepaid, return receipt requested, to the addresses us .noted herein, or by FAX or email , provided confirmation of receipt is available. 26. SMOKE D1'�;'1 ACTOR AND CARBQN MON �)DE .ERTI?FI A I�'!A, as the structure on the premises is not habitable at this tune.' 27. 3YARRANTIES AND UP 'ENTATION . The Buyer acknowledges that the Buyer has not been influenced to enter into this transaction nor has he relied upon any warranties or representation; not set forth in this agreement., SO' d M llru7svq dH JaVL£ -O6O OZ{ZT/TT 28. NEErM. NIA, as the structure on the premises is not habitable at this time, and see Contingencies herein for new constriction intended by the Buyer, 29. CONSTRLI Y JON OF AGREC MENT. This instrument, executed in duplicate, is to he construed as a Massachusetts contract, is to take efl'eet tts a sealed instrument, sets forth the entire contract between the parties, is binding upon, and inures to the benefit of the parties hereto and their respective; heirs, devisees, executors, administrators, successors and assigns, and may be cancelled, moditied or amended only by a written instrument executed by both the Seller and the Brayer. if two or more persons are named herein as Buyer, their obligations hereunder shall be joint and severed. The captions ate used only as matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it. Any matter or practice arising tinder or relating to this agreement which is the subject of a practice standard of the Real Estate Bar Association of Massachusetts (REBA) shall be governed by such standard to the extent applicable. 30. MORTGAGE CONTINGENCY.. N/A 31. ROM. I SPECTILO NIA. The premises are to be conveyed AS IS. See contingencies herein for new construction intended by the Brayer, 32. ADDITi NAL 1'ItQY1lSIpNS: a, ems; From and after the date of this Agreement, Seller agrees to permit Breyer and Buyer's designees to eater the premises, at reasonable times, after reasonable prior notice to Seller, for the purposes of making measurements, mortgage survey, financing inspection, testing, and the like, at their own risk and in the presence of the sellers or their deslgttated agent. b. Affidavits and Cgirflflatq, Seller ahall execute toad deliver simultaneously with the delivery of the deed, and when required shall on oath swear to the truth of'the matters therein set forth, such documents as may reasonably tend customarily be required by buyer's lender or attorney, including, without limiting the generality of the foregoing, certifications or affidavits with respect to_ (a) persons or parties in possession of the premises; (b) fauts or conditions which may give rise to mechanic's or materialmen's liens; (c) absenco of urea formaldehyde on the premises; (d) tax repoxtinb information.; (e) u settlement -statement (form 1.1UD-1); (t) an affidavit concerning secondary financing; and (g) an affidavit regarding smoke: detectors being in compliance with state law. C. Seller states that to the Seller's knowledge there are no lawsuits currently pending or threatened which will in any way affeet title to the premises. d. Title Standar s. Any matter or practice arising under or relating to this Agreement which is the subject of a title standard or a practice standard of the Real Estate Bar Association for Massachusetts at the time for the delivery of the deed, shall be covered by said title; standard or practice standard to the extent applicable, l 90' d Xltd laNd yl 411 14VLE tr0 nx/zT/TT e. lnsar-able Tale: 13ttyer's obligations hereunder are contingent upon the availability (at normai proiniurn rates) of an owner's title insurance policy without exceptions other than the standard printed exceptions contained in the ALTA. form currently in use, commonly known as Exceptions No. 2, Survey, and No. 4, Real Estate Taxes (the latter of which shall only except real estate taxes not yet due and payable), and tljoae exceptions set forth in paragraph 4 of this Agreemem I'lowever, in no event shall Buyer be obligated to close the transaction unless Seller can deliver good clear and marketable title in accordonce With Paragraph 4 of the Agreement, Independent of the availability of'owner's title insurance. I Seller hereby warrants and represents that (a) neither Seller is a "foreign person" a$ defined by the Internal Revenue Coda ("lKC"): Sectitm 1445, and (b) Seller shall execute and deliver to Buyer at closing, an affidavit or certificate in compliance with IRC Section 1445 (b)(2) and the applicable regulations thereunder. g. MO t aaeist Any mortgages that cwTently encumber the property will be paid and discharged at closing. Seller will cooperate with the Buyer to secure accurate payoffs from its lenders, if any. h. uertm. brtti c+�x:. Without limiting the requirement that Seller convey a good and clear record and marketable title as set forth in paragraph 4 herein, title to the premises shall not be deemed to conform with the requirernelas theroof unless: (a) all buildings, structures and irnprovernents, including but not limited to any docks, driveways, garages, cesspools, septic tanks and leaching fields and all means of access to the premises, shall be located completely within the boundary lines of said premises and shall not encroach upon or under the property of any other person or entities; (b) no building, structure, or improvement of any kind belonging to any other person or entity shall encroach upon or under said premises; (c) The Premises Shall abut a public way or a private way to which BUYER stroll have both pedestrian and vehicular access, and if a private way, that such private way in turn is duly laid out, accepted or approved as such by the city or town in which said Premises are located. (d) The premises do not violate the zoning bylaws of the town in which the Property is locatcd or the provisions of Massachusetts C.ieneral Laws Chapter 40A ("Chapter- 40A") or that the premises are validly nonconforming in accordance with said zoning bylaws and Chapter 40A, I. Under rourxtl Storage T : To the best of the SELLER'S knowledge and belief, there is no underground fuel tanks (not including natural gas tanks) on the pmrmses. QiI ]:2pIr Peroration: N/A, Pie Ap 'Ile, -�- Lp'd XVJ 13PH35YI aH HVLS b0 OZ/ZT/TT k. KEE012 and i)missio s: if any errors or omissions axe Pound to hove occurred in any calculations or fgwes used in the settlement statement signed by the parties (or would have been included if not for any such error or omission) and notice thereof is given thirty (30) days of the date cif delivery of the deed to the party to be charged, them such Party agrees to make payment to correct the error or omission. This provision shall survive the delivery of the deed. L Notices: All notices requited hereunder shall he deemed to have been duly given if in writing and (1) delivered by hand (2) mailed by registered t)r certified mail, return receipt: requested, all charges prepaid, (3) sent by facsimile or email with receipt, or (4) sent by overnight delivery services addressed, if to SUL) R to: David S. Reid, Esq. Stone & Reid 1292 Route 28 South Yarmouth MA 02664 (508) 394-5648 if to BUYER to: Attorney James M_ ]goes 61 Roseland Street Somerville, MA 02143 (7) 617 492 4765 (h) 617 492 0909 lames.igoe( )attmet rn.. Pamgraph 10 of this agreement shall only be construed to apply to matters affeefing title, the physical condition of the premises and compliance of the Premises with municipal, county, state or -federal codes, Ordinances, statutes or regulations concerning the promises and to which the premises are subject under the terms Ofthfs ag ment. Paragraph lb shall not, however, be construed to excuse Seller from vacating the premises at the time set For performance hereunder for reasons such as unavailability of movers, inconvenience or outer such delays in perrormance hereunder. D. Execution of Deed: In the event that SELLER is a natural person, SN LLER shall execute the deed personally; it is agreed that a deed executed tinder a Power of Attorney shall not constitute a satisfactory deal under Paragraph 4. 33. 'rhe Buyer's obligations hereunder to purchase the premises are contingent upon his ability to ohWn a Building permit for the construction of a 3 bedroom home of approximately 2500 square feet on the premises, including all Zoning Relief needed for such construction and use, and the premises passing a pert test and title 5 approval for a 3 bedroom septic system to serve such a house. Buyer shall use his best efforts to secure such permits and approvals by January 11, 2021. hx the event that, notwithstanding such best efforts, such permits and approvals have not been received by January 11, the Seller agrees to grant an extemion of this contingency /V 'fA � 8O'd XVJ 5.9DUSVI dH HVLE:bu OZ/ZTJTT and the closing date until l ebmary 15", 2021. The Buyer shall proeeed at his awn risk and Expense in seeking such permits and approvals, and shall restore the premises to its present condition following any testing or insperKions thereon, The Seller shall cooperate with the Buyer In his efforts to apply for such permits and approvals. EXECUTED AS A SEALED INSTRUMENT THE DAY AND YEAR FIRST ABOVE WRIT'IFN. 1111212020 04:31 PM EST - ---I IM020 ��� 51 4:27 PM EST fer - Michael Purianizi.. ...�. • — Seller — Acir�t►raa Parihnos. 60"d xyl 11PH99VI dH HTLEMDO Ozf2TfTT �7 P.rwQ,sjy aE�FIAMO y1Wv 1.9,NK e.tFn P � iee a4irv14] , •�, GLEASON AVE Gnvft n � 1 Irr rw.asµrnt J, !r•rSMC ; � n -.ram -� PJII/.0 1' i' ': 1 LLV�� i.wK �brlN YA�� ��`'[''�� G l \jl-5L(1ry}j1eAe PSe fG MJLL CREEK � 4c ea3 c em e e LJ ell Lb P I r M Ae PNaG �� ° �i rs � I.f•,K'�• I � IYJjjiE iar(/ �aj�,P Jae HAASOR ROAD'�u, I atiie I � fef e Ci� r •fiK\. t xA.Y. e,NK � r � V'•^` • 2 { yw°M•Ir 1 t� i- ' � ,•I•,wsef ROP9 � � at�.:e V pN E on u c CZ? tl 16 Ia1AG � 1h.1 >•'. � ���vvvMaaaeee 10, 'L . , '.,. � � E i Wpp pO a•.e a L�� � Pam%? cwttay..rlor �� _ _ _ _ _ _ _ _ _ ho ai']_ _ _ _ _ _ _ _ _ _ DATE OF LATEST MAP REVISION: S724120 TAX MAP INFORMATION SHOWN HEREON IS FORASSESSING 100 SO 0 100 200 TOWN OF YARMOUTH PURPOSES ONLY. NO LIABILITY FOR ERROR IS Feet rr c ASSUMED BY THE TOWN OF YARMOUTH. BARNSTABLE COUNTY, MASSACHUSETTS I n Isw •+•� I eat re i , I i 11, &-,ih, A - sAI NEWHOUSE FOR: DESIGNED/DRAWN BY: THOMAS A. MOORE DESIGN COMPANY P.O. BOX 2124 949 ROUTE 137 BREWSTER, MA. (508) 896--6403 STRUCTURAL ENGINEER: nE51oLHT14L wcT T1011TmOs WIT ndwacn nZ. =�4w.y4.u. wii wti u puW tlppl..I tlnws �n..rin� HOME M u Lu0 p4q I�, y11� I��IVtlI! II.k QIPMnIM pQala IounulM M[P[cpop W enY fuM1l caM'NAln. ;T11WN IF1',1'11111 Q➢101 nxaa I w fOw! om ¢vu uICSR�aAO�IfLLVIM FILE COPY McKENZIE ENGINEERING CONSULTANTS 1279 MILLSTONE ROAD BREWSTER, MA. (774) 353-2144 pwG. NO. T1 %cc)- /G- ow z ) Z r g 5oarrf SGl- m IMG Col Q 1.4 UvJNG b I b. FIRST FLOOR PLAN 0 111 W W OMCATO N m 0 WIA C% 0 r I t CFO P5 GENERAL NOTC5 IJ ,W^�%15 TO VM� ALL WhHr C& 10n I" 2-1 CDNTKAUDK 10 =%IATMALS, 0-7 MI I rIPM145 OmrrittoWTP. 3.1 ROWH O"K Hr hw "Cam Or wwp Mj M MKST rLC*P, TO CC v. i r A&QvF :AJFx=R I awrMW D wriAL 5j moLiss r.Azo.ot.pom I Tme NOMS. N om =mommsoR5 COWA1,40 ON Ttzr5E VOL-7 17 O�,UW 1"I,,A� M "I m, r rllol`o oAavlDNs:(eoue reNt rascal sr Dr me =UMNCTOi FRONT ELEVATION RIGHT 51DE ELEVATION Vbg I if z z zo � 5 � La zm 17, CC Lb 0 C) CC w CC: ❑ eq < � ca 5/2Ot2O 15 FROJ, NO. STAMP DWG. NO, Al 6 BALCONY q r' M C L anm O r I n I 7 b I �__ qp,55 BEDR06 LIN BEDROOM M? r' lye �I (�NAIt ,1 I g I �Y ,k BEorwau. . f - L r uu[u I 4 " rr I f 6• D 5ECOND FLOOR PLAN WINDOW SCHEDULE T1'P1 M.WNfACTUAI'R9 WNT ROOOI CP[MNC ALIWARr3 AMOCRS!1114l20�L 2'71A7'.1'•D ]IC DCUSICHUNG 7I7. A'•G 7,D' PICtuPt C Tur 2nAf. Z'.41fp'x A -a 70' COUCl9NINO D LW 2n3F a'.r: IW- -A /E' DOVC{CHul4 r CZSS A'd 12' x 9-s ]NI' W=M'Jlr r All 2'-0' x Z10 W IAWklf NOrC /I iCO1RFxraR TO VMFY ALL OU TIfltl AMID SIZlS OF NEW WW90*t+'ATH CM9K AND ROUPI ORNTN:7 m-.H 1NND01V wA ^CTutm PRIOR TO aROLRING OP WAF,OA9 M WC /7: c:o!aRACrCP To PROVIDC PLTY•OaD l'ANGLS KM CACn'MNOW INCILUNG PRRSCT /ASTCNC'LS I'V. CODE. PANELS IC ee MAR1r2D AM WOOED (N DASGASM. tl e REAR ELEVATION LEFT SIDE ELEVAMN D .o 15 m 7 O C4 C�,1 Z qq � 4 v l Z cC x O W LLt] E�L 3 3n ma —If--- _ 5GAIZ : 1 /4xm P-0 GATE DWG, NO. r A2 "M RDOF CONST. 7.1M312 — �,Elml- BED —TIr. WAIL A�— 'I'LL B45EMENT WILDING 5ECTION Q) DEN/BATWBDRM5 M. WAIL CONST.• - FOUNDATION PLAN MT.li a. MASTER �TCF. L WING DINING ruLL BA5EVEW —TYPICAL ROW CONST. RTwl rcr ti fWtrraR RN'R.-IT BUI DiNG!5ECnON @ O(NING/LMNG In 20 o U CZ o az o � - a � LLS rq E z 02 ce Im < pa V) w ST 114"- 1 t- DATE 1 DWG, NO SECOND FLOOR FRAMING PLAN ROOF FRAMING FLAN kOfdl AtLA= WWM70x 2, 1 v. 4 ion.. ul.=$ 0- Cftm,*c Nn7[D SCAf.E : V DATE: 512012Q 15 .lT 4 : DWG. NO Ad n _ s io is zo > NOTES 1. LOCUS IS A.M. 29, PARCEL 233, 2. LOCUS IS ALL IN ZONE X AND MOSTLY 0.2% ANNUAL RISK ON FIRM DATED JULY 16, 2014. 3. OFFSETS SHOWN ARE TO THE CORNERBOARDS OR FOUNDATION ON NEW CONSTRUCTION. N /F MCGOVERN 5. 9' ry�< 4 N /F LIBERTY FRONT YARD 27'* SIDE YARD 15' REAR YARD 20' J LOT COVERAGE 25% *30% OF LOT DEPTH N/F PROPOSED LOT COVERAGE �" THOMPSON EXIST. GARAGE 687±S.F PROP. HOUSE 936 S.F. TOTAL 1TTS±—F. LOT COVERAGE=1623/11175=14.5% JOB NO, Y20-18 1GOE.DWG FB 34-70 s 9f �a a� �� 1 \ O AREA= 'SI 11,175±S. F. �\ Q Post Old Post aee� N /F CRI VELLI I CERTIFY THAT THE LOCATIONS SHOWN ON THIS PLAN WERE MEASURED IN THE FIELD ON 11/16/20. PLOT PLAN RONALD JAMES CADILLAC #35779 I(9 FOR JAMES M. IGOE LOTS 86 do 87, 43 WEBSTER ROAD, W. YARMOUTH. MA NOVEMBER 10, 2020 SCALE: I 30' RONALD J. CADILLAC. PLS, RS PROFESSIONAL LAND SURVEYOR & REGISTERED SANITARIAN P.O. BOX 258 WEST YARMOUTH, MA 02673 BY R.J. CADILLAC (508) 775-9700 ALWAYS DIG SAFE PRIOR TO CONSTRUCTION --UTILITY LOCATIONS SHOWN INCOMPLETE. ZONING DISTRICT: R-25 FRONT YARD 27'* SIDE YARD 15' BENCH MARK --TOP OF MAG. NAIL REAR YARD 20'' IN PAVEMENT= 20.00 ASSIGNED Y LOT COVERAGE 25% (2.9' OFF EDGE ROAD & 7.8' OFF GAR. RANGELINE) 0 m *30% OF LOT DEPTH a 11 ni N /F LIBERTY INSPECTION SCHEDULE UNDER PANDEMIC R.J.CADILLAC TO INSPECT FOR HEALTH AGENT: 1. LOAM REMOVAL (MAKES A SNOWBALL) 2. FINAL INSPECTION. PROPOSED TOP OF FOUNDATION IS 2.1' ABOVE HIGH POINT IN ROAD N/F i GRADE CHANGES M C G 0 VE R N /1 ARE PROPOSED JOB NO. Y20-18 NOTES Igoe2.dwg 00 FB34/70 SB14/76 N 1. LOCUS IS A.M. 29, PARCEL 233. o ,�; 2. ELEVATIONS SHOWN ARE ASSIGNED. ji �' 3. LOCUS IS ALL IN FLOOD ZONE X(MOSTLY 0.2% RISK) ON FIRM DATED JULY 16, 2014. \�o 4. ALL PIPES TO BE 4" SCH 40, AND PITCHED AT 1/4" PER FOOT. (UNLESS NOTED) q� 5. MUNICIPAL WATER IS AVAILABLE. LOTS WITHIN 100' ARE ON TOWN WATER. \ a Raen 6. COMPONENTS TO BE AASHTO H-10, UNLESS NOTED. web 7. INLET TEE TO PROJECT DOWN 13", OUTLET TEE DOWN 14". UJ Ster R 8. IF TWO OR MORE LINES, WATER TEST D-BOX FOR EQUAL FLOW d D-BOX EXIT PIPES TO BE LEVEL FOR FIRST TWO FEET. 9. DEPTH OF COMPONENTS NOT TO EXCEED 3', OR VENTING MUST BE PROVIDED. NOT TO COVERS: BUILD UP COVERS TO 6" BELOW GRADE--2 ON TANK, 1 ON D-BOX, 2 ON LEACHING. SCALE 10. STONE TO BE DOUBLE WASHED 3/4 TO 1 1/2" WITH 2" MIN. 1/8 TO 1/2" PEA STONE ON Top. LOCATION MAP 11. IF UNSUITABLE SOILS, OR SOILS DIFFERING FROM THE SOIL LOG ARE FOUND, CONTACT THE BOARD OF HEALTH, OR R.J. CADILLAC. 12. IF AN OVERDIG IS CALLED FOR BELOW, FILL MATERIAL FOR 5' AROUND AND UNDER LEACHING IS TO BE CLEAN GRANULAR SAND MEETING SPECIFICATIONS OF 310 CMR 15.255(3). TEST HOLE 1 13. PUMP AND FILL ANY EXISTING CESSPOOL/LEACHPIT. REMOVE ANY CLOGGED SOIL, BLOCK, AND STONE IN LEACH AREA, AND DISPOSE OF AS DIRECTED BY HEALTH AGENT. DEPTH (inches) ELEV.(feet) 14. ALL CONSTRUCTION TO MEET TITLE 5 AND LOCAL REGULATIONS. IQ A 0 TEST HOLE DATE: November 30, 2020 CENTER OF NEW SEWER LINE PERFORMED BY: Ron Cadillac, Soil Evaluator 14" TO EXIT 4'-2" BELOW TOP OF WITNESSED BY: Mallory Langler, IRS NEW FOUNDATION. PERC RATE: <2'-00"/inch (C2 layer TH1) SOIL SURVEY(1993): Carver coarse sand 33" 17.96 GEOLOGIC MAP(1986): Harwich outwash plain deposits g 12 ADS ARC 36HC HD rE Invert 17.45 CHAMBERS roposed 53" g» min. cover /UseGas Baffle Invert 16.30 Top Units.=16.73 Proposed ®Filter Cloth c eft Proposed 1 /2"/ft S--min. 3" Max. "/ft ✓nspection 78 Invert 17.70 1500 Gal. Septic Tank Port i 1 (4j �v \ `� Proposed Invert 16.47 A -- F. 4 �� Pro osed _ 10.75 135" 1 � sF\ \ p Invert 16.30 \�l11 175±S F ` 20 �� �GF I Pro osed5.4 A layer 10yr 3/4 loamy sand B layer 10yr 4/6 loamy sand C1 layer 2.5y 6/6 loam C2 layer 2.5y 6/4 medium sand no water 011*16' 14.0 7.15 Stone or Compact Proposed p 8.2' Bevel m TEST HOLE 2 12' 8' _ -0 0 Bottom TH1=7.15 DEPTH (inches) ELEV.(feet) 19 6 `��`� o �,.�� �1�9 " 18'8 DESIGN DATA 9� T H 2 \ moo' 1 " ' 3 BEDROOMS: 3 o� �6'- S�`� �6 GARBAGE GRINDER: No T �Q REQUIRED CAPACITY: 330 GPD �� n� Old Post 8 5 EXISTING SEPTIC TANK: 1000 GAL. Cy� EFFECTIVE LEACHING AREA: 467.4 SF • <9 779 SF/LF X 5'/UNIT=38 95 S F/UNIT BENCH MARK --TOP OF SPIKE SET J 12 UNITS X 38.95 SF/UNIT=467.4 SF(EFFECTIVE) DOWN 1"= 17.92 ASSIGNED , Ze'a� 4 17,3 (20'-9" OFF REAR FENCE) �c 2 �a DESIGN CAPACITY: 346 GPD N /F , �j' oj� [(467.4 SF) X .74 GPD/SF] THOMPSON PROPOSED LOT COVERAGE EXIST. GARAGE 687±S.F PROP. HOUSE 936 S.F. TOTAL 1623±S.F. LOT COVERAGE=1623/11175=14.5% LEGEND TH 1 TEST HOLE LOCATION, NUMBER W PROPOSED WATER SERVICE E OVERHEAD ELECTRIC WIRES (IF SHOWN) 15- GAS MARKINGS LOCATED PG- PROP. GAS SERVICE . 9.7 x 8,7 EXISTING & PROPOSED ELEVATIONS ('X' MARKS POINT) �,-6--- EXISTING CONTOUR 8- PROPOSED CONTOUR UTILITY POLE (IF SHOWN) EXISTING DRAINAGE CATCH BASIN X - FENCE (IF SHOWN, NOT ALL SHOWN) 0 TREE (IF SHOWN, NOT ALL SHOWN) Old Post N /F CRI VELL DESIGN NOTE: A CONVENTIONAL PRIMARY AND RESERVE CAN BE BUILT, EACH USING 6 ADS ACS 36HC HD CHAMBERS WITH 8" OF STONE UNDER, AND APPROX. 3 1/2' OF STONE ON THE SIDES, AND 15" ON THE ENDS TO MAKE A 32.5' X 10' X 18" DEEP LEACH AREA=335 GPD. THIS PLAN IS A VALID COPY ONLY IF IT BEARS AN ORIGINAL RED STAMP AND SIGNATURE. HEALTH AGENT APPROVAL V 1-% 1 L LEACH AREA USE 12 ADS ARC 36HC CHAMBERS IN TWO TRENCHES 30' X 34.5" X 10.75" DEEP, AS SHOWN W/O STONE. 5' REMOVAL DO 5' REMOVAL ALL AROUND AND UNDER DOWN 53"f TO MEDIUM SAND WITH TRENCH NEAR GARAGE. REMOVAL COULD BE LESS OR MORE THAN SHOWN CALL FOR INSPECTION OF REMOVAL. m 22" 130" A layer 10yr 3/3 sandy loam B layer 10yr 5/8 loamy sand C layer 2.5y 6/6 med. coarse sand no water 17.8 :: SITE PLAN FOR JAMES M. IGOE LOTS 86 & 879 43 WEBSTER ROAD, W. YARMOUTH, MA N OVEM B ER 30, 2020 SCALE: 1 "= 20' RONALD J. CADILLAC, PLS, RS PROFESSIONAL LAND SURVEYOR & REGISTERED SANITARIAN P.O. BOX 258 WEST YARMOUTH, MA 02673 ©2020 BY R.J. CADILLAC (508) 775-9700 PAGE 1 OF 1