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HomeMy WebLinkAboutBLD-23-002689 ONE & TWO FAMILY ONLY- BUILDING PERMIT RECEIVED Town of Yarmouth Building Department :- r. .- 1146 Route 28, South Yarmouth,MA 02664-4492 508-398-2231 ext. 1261 Fax 508-398-0836 ._. ;��E, NOV 14 2022 Massachusetts State Building Code,780 CMR. ..-: 6 _ ;i v!. 4,A.;. Permit Application To Construct, Repair, Renovate Or Demolish BUILDING D PA' MENT a One-or Two-Family Dwelling By: - This Section For Official Use Only Building Permit Number: etk.-2, 1,(pr6 Date Applied: Building Official(Print Name) • Signature Date SECTION 1:SITE INFORMATION • 1.1 Property Address: 1.2 Assessors Map&Parcel Numbers 135 Highbank Rd 4-'* V►�D.�SVrAl,, 80 105 1.1 a Is this an accepted street?yes X no Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: R-40 Single Family Residential 19 Ri97 185 Zoning District Proposed Use Lot Area(sq ft) Frontage(ft) 1.5 Building Setbacks(ft) Front Yard Side Yards Rear Yard Required Provided Required Provided Required Provided 30' 32.5' 20' 28' 20' 31.5' 1.6 Water Supply: (M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Zone: Outside Flood Zone? Public _Private❑ Check if yes' Municipal 0 On site disposal system lar SECTION 2: PROPERTY OWNERSHIP' 2.1 Owner'of Record: Highbank Properties, Inc. S Yarmouth, MA 02664 Name(Print) City,State,ZIP 141 Highbank Rd alexrblack@hotmail.com No.and Street Telephone Email Address SECTION 3:DESCRIPTION OF PROPOSED WORK2(check all that apply) New Construction Existing Building 0 1 Owner-Occupied 0 1 Repairs(s) 0 Alteration(s) 0 I Addition 0 Demolition ❑ Accessory Bldg. 0 Number of Units Other 0 Specify: Brief Description of Proposed Work2: Construction of an approx 1,51 l)sq ft 3 her1ronm,2_S hath, Cape style, single family home with a 2 car attached garage. SECTION 4:ESTIMATED CONSTRUCTION COSTS. • Item Estimated Costs: Official Use Only (Labor and Materials) 1.Building $ 189,500 1. Building Permit Fee:$III O Indicate how fee is determined: N Standard City/Town Application Fee 2.Electrical $ 15,500 3 ❑Total Project Cost emb„), multiplier x 3.Plumbing $ 16,500 2. Other Fees: $ elcid. op a 1 310 4.Mechanical (HVAC) $ 13,500 List: 5.Mechanical (Fire $ Suppression) Total All Fees:$ Check No. Check Amount: Cash aunt: 6.Total Project Cost: $ 235,000.00 0 Paid in Full •Iii9 Outstanding Balance ue:p36 f V \riL) 0%\'20/ A ..w r{ { y • t aa' • SECTION 5: CONSTRUCTION SERVICES 5.1 Construction Supervisor License(CSL) Stephen N. Sooy CS-112686 1/26/2024 License Number Expiration Date Name of CSL Holder List CSL Type(see below) U 11 DAngelo Rd No.and Street Type Description Wareham, MA 02571 U r Unrestricted(Buildings up to 35,000 cu.ft.) R Restricted 1&2 Family Dwelling City/Town,State,ZIP Ivi Masonry RC Roofing Covering • WS Window and Siding SF Solid Fuel Burning Appliances 508-858-1863 SteveOrepurposeproperties.com I Insulation Telephone Email address D I Demolition 5.2 Registered Home Improvement Contractor(HIC) 193167 9/23/2024 REpurpose Construction, LLC HIC Registration Number Expiration Date HIC Company Name or HIC Registrant Name 55 Main St/PO Box 334 Steve@repurposeproperties.com Na.and Street Email address Buzzards Bay, MA 02532 508-858-1863 City/Town, State,ZIP Telephone SECTION 6:WORKERS' COMPENSATION INSURANCE AFFIDAVIT(M.G.L. c.152.§ 25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Issuance of the building permit. Signed Affidavit Attached? Yes )4' No 0 SECTION 7a: OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I,as Owner of the subject property,hereby authorize Highbank Properties, Inc. to act on my behalf,in all matters relative to work authorized by this building permit application. Alex Black 11/13/2022 Print Owner's Name(Electronic Signature) Date • SECTION 7b: OWNER1 OR AUTHORIZED AGENT DECLARATION By entering my name below,I hereby attest under the pains and penalties of perjury that all of the information contained in this application is true and accurate to the best of my knowledge and understanding. Stephen Sooy - REpurpose Construction, LLC - 11/13/2022 Print Owner's or Authorized Agent's Name(Electronic Sid ature) Date NOTES: I. An Owner who obtains a building permit to do his/her own work,or an owner who hires an unregistered contractor (not registered in the Home Improvement Contractor(HIC)Program),will not have access to the arbitration program or guaranty fund under M.G.L. c. 142A. Other important information on the HIC Program can be found at www.mass.sov/oca Information on the Construction Supervisor License can be found at www.mass.aov/dps 2. When substantial work is planned,provide the information below: Total floor area(sq.ft.) 1,956 (including garage,finished basement/attics, decks or porch) Gross living area(sq.ft.) 1.510 Habitable room count 5 Number of fireplaces 1 Number of bedrooms 3 Number of bathrooms 2 Number of half/baths 1 Type of heating system Gas fired forced hot air Number of decks/porches 2 Type of cooling system Central AC Enclosed Open 2 3. "Total Project Square Footage"may be substituted for"Total Project Cost" 1,956 �.0t.Y ,,, TOWN OF YARMOUTH 4r , HEALTH DEPARTMENT NOV 1 4 2022 �.. PERMIT APPLICATION SIGN OFF TRANSMITTAL SHEET DI=PT. To he completed by Applicant: Building Site Location: k- � �h 4 ,tk Ted Proposed Improvement: I� c. -, c 4 iL, \ -S i�� QA✓r , / wgy p 3 Q� ,,,,� ?< Applicant: Tef 'pv rpte Co•-•S rvc4-r:- L L L Tel. No.: 'SCt-S c - Ik63 Address: IC? -\--3G '2'(t I�vZZa rd .3414., Mk- G'Z`>)Z Date Filed: I(If1(I(In. **/f you would like e-mail notification of sign off,please provide e-mail address:S}G V C@ CC'U f peSe p i'ai>t' 'es , c G-•.. Owner Name: ?C irpr e, ?cct <c c. 1 i-LC Owner Address:'G WF '5.-. "( 1'77Ac)c c'y 044 CZy)Z Owner Tel. No.c�-8 -4-6,3 RESIDENTIAL AND/OR COMMERCIAL BUILDING HEALTH DEPARTMENT: Determines Compliance to State and Town Regulations; i.e., Requirements For Septage Disposal and other Public Health Activities. Please submit three (3) copies of plans, to include: (1.) Site Plan showing existing buildings, water line location, and septic system location; (2.) Floor plan labeling ALL rooms within building (all existing and proposed) - Note: Floor plans not required for decks, sheds, windows, roofing; (3.) If necessary, Title 5 application signed by licensed installer with fee. REVIEWED BY: Ccz„yr,j\--,0 DATE: 0 - 'v1 L PLEASE NOTE COMMENTS/CONDITIONS: Sears, Tim From: Sears, Tim Sent: Tuesday, November 22, 2022 4:09 PM To: steve@repurposeproperties.com Subject: 135 Highbank Rd Steve, I have reviewed your application and there are some items needed. './I. Health Department sign off(under review) Engineering sign off �3. HERS Certificate Ipc Wind design is required to be done from section R301.2.1.1, Chapter 6 cannot used in areas where wind speed is 140mph or greater jQCLc ernp fr k � The lot is non-conforming, and the letter dated August 5, 2022 from Singer&Singer does not provide enough information to show the lot qualifies to be built on. � Ncls iv* ' \ '- c cs1-4t)1 Please submit these items for review This email is considered a written denial of your permit application per Section 105.3.1 of the Massachusetts State Building Code. Section 105.3.2 states in part that "an application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith" You may appeal this denial to the Building Code Appeals Board in accordance with M.G.L. c. 143 §100, within 45 days of this notice. Timothy Sears CBO Deputy Building Commissioner Town of Yarmouth 508-398-2231 Ext. 1259 mailto:tsears@varmouth.ma.us • • The Commonwealth of Massachusetts Department of Industrial Accidents = A11� 1 Congress Street, Suite 100 = = Boston, MA 02114-2017 - www.mass.gov/dia «Yorkers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers. TO BE FILED WITH THE PERMITTING AUTHORITY. Applicant Information Please Print Legibly Name (Business/Organization/Individual): REpurpose Construction, LLC Address: 55 Main St, PO Box 334 City/State/Zip: Buzzards Bay, MA 02532 Phone#: 508-858-1863 Are you an employer?Check the appropriate box: Type of project (required): I.igi I am a employer with 4 employees(full and/or part-time).* 7. NNew construction 2.D I am a sole proprietor or partnership and have no employees working for me in 8. Remodeling • any capacity.[No workers'comp.insurance required.] 3. 1 am a homeowner doingall work myself. t 9. ❑ Demolition ❑ y [No workers'comp. insurance required.] 4.[:]I am a homeowner and will be hiring contractors to conduct all work on my property. I will 10 Building addition ensure that all contractors either have workers'compensation insurance or are sole 11.❑ Electrical repairs or additions proprietors with no employees. 12.❑Plumbing repairs or additions 5.❑I am a general contractor and I have hired the sub-contractors listed on the attached sheet, These sub-contractors have employees and have workers'comp. insurance.t 13.El Roof repairs 6.0 We are a corporation and its officers have exercised their right of exemption per MGL c. 14.❑Other 152,§I(4),and we have no employees. [No workers'comp.insurance required.] *Any applicant that checks box All must also ill out the section below showing their workers'compensation policy information. Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: AIM Mutual Insurance Company Policy#or Self-ins.Lic.#: AWC-400-7036215-2022A Expiration Date: 2-17 2023 Job Site Address: 135 Highbank Rd City/State/Zip: S.Yarmouth, MA 02664 Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under MGL c. 152, §25A is a criminal violation punishable by a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. 1 do hereby certify under the pains and penalties of perjury that the information provided above is true and correct. Si6nature� Date: 11/13/2022 Phone#: 508-858-1863 Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): I. Board of Health 2.Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6.Other Contact Person: Phone#: §TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner BUILDING DEPARTMENT DEMOLITION DEBRIS DISPOSAL AFFIDAVIT Pursuant to M.G.L. Ch. 40, §54 and 780 CMR- Section 105.3.1. #4. I hereby certify that the debris resulting from the proposed work/demolition to be conducted at 135 Highbank Rd, S Yarmouth Work Address Is to be disposed of oat the following location: Pina Sanitation, Bowdin Rd, Mashpee, MA Said disposal site shall be a licensed solid waste facility as defined by M.G.L. Ch. 111, §150A. �— 11-31-2022 Signature of Application Date Permit No. Commonwealth of MasSachusett • Division of Occupational Ltcensure Board df Building Regulations and Standards _ ilt,tts,,,,,,_ Fltpires.01/0612024 STEPHEN N SOOY =r � 11 DANGELO ROAD WAREHAM MA 02571 ! illigi' - . ;. „rrrnissioner _ Constiectcir:—°9an:y 5u W unrestricted -BuildinPennsor _less than35,000 Cubic cubi group which contain meters)of space. enclosed Failure to possess a current edition of the Massachusetts State Building Code is cause for revocation of this license. For information about this license Call(617)727�2— or visit wyvn,.mass gov/dpl THE COMMONWEALTH OF MASSACHUSETTS Office of Consumer Affairs and Business Regulation 1000 Washington Street - Suite 710 Boston, Massachusetts 02118 Home Improvement Contractor Registration Type: Supplement Card REPURPOSE CONSTRUCTION, LLC Registration: 93167 PO BOX 334 Expiration. 0 09/23/2024 BUZZARDS BAY, MA 02532 Update Address and Return Card. THE COMMONWEALTH OF MASSACHUSETTS Office of Consumer Affairs&Business Regulation Registration valid for individual use only before the HOME IMPROVEMENT CONTRACTOR expiration date. If found return to: TYPE:Supplement Card Office of Consumer Affairs and Business Regulation Registration Expiration 1000 Washington Street -Suite 710 193167 09/23/2024 Boston,MA 02118 2EPURPOSE CONSTRUCTION, LLC ;TEPHEN N. SOOY 15 MAIN ST %Gf Gc 3UZZARDS BAY, MA 02532 Undersecretary Not valid without signature WATER DEPARTMENT - ,-, �j`r tT L.fCy t lnii (t.kiF.l „: astir w ydrmuutt,. MA tr if1-t 01 t-7921 • try: (}iiti, : -l_''0h BUILDING PERMIT APPLICATION FOR WATER I)EPARTNIENT SIGN OFF TRANSMIITTAL FORM BUILDING SITE LOCATION: t-€ C1 L,otc PROPOSED \FORK: ? APPLICANT: '44y l Co/1 crr'tic/ __....t.... LL ADDRESS: C, \-4,7771 3 t;,'zer r 4 1 *I,a CC' 632. 'FEI.PIIONE: (1CS' z5 g- 0 6 3 _ ......._._ RESIDENTIAL AND OR ( OMMMER( IAI. BUILDING water I.)epartment: Deterrn nes Compliance ot'Water lcailabilit} and or existing location Engineering Department: Determines Compliance for Parking and I)rainauc Conscrxation Commission: Determines Compliance to Wetlands \cC i c. U'Ions)border any type of wetlands. ,creams.ponds.risers.ocean. hug;.boys.marshland. ETC. I lealth Department: Determines(.'ompiianee to State and Town Regulations. i.e. requirements for Septace Disposal and other Public I lealth:\eticites Fire Department: Deternrincs Compliance to State and row n Requirements for Personal Sall;*. Property Protections.i.e. Smoke Detectors.Sprinkler Systems.etc. APPLICANT SIGNATURE I)A'FE on- INF::CONI.IEN'I'S ON PER'III vl'PROV",1t.OR DENIAL J`/�„Z o 27 REVIEW D)gl';'1,-ATER DIVISION(SIGNATURE) f! l . DATE F Mk %SP Law Office of Singer & Singer, LLC 26 Upper County Road P.O.Box 67 Dennisport,Massachusetts 02639 Andrew L.Singer Tel:(508)398-2221 Marian S.Rose Fax: (508)398-1568 www.singer-law.com Myer R. Singer(1938-2020) November 28, 2022 Tim Sears, Deputy Building Commissioner Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Re: 135 Highbank Road, South Yarmouth, MA 02664 Dear Tim, Enclosed for your review are the documents that support the research performed on the above reference property. If you have any questions, please call us at 508-398-2221. Thank you. Very y urs, /t/7)Lo'iL/ M i nose M an S. Rose 1 135 HIGHBANK RD Location 135 HIGHBANK RD Mblu 80/ 105/// Acct# 11507 Owner HIGHBANK PROPERTIES INC Assessment $135,500 PID 11507 Building Count 1 Current Value Assessment Valuation Year Improvements Land Total 2023 $0 1 $135,500 $135,500 Owner of Record Owner HIGHBANK PROPERTIES INC Sale Price $100 C/O BLACK ALEX Certificate Care Of Book&Page D1236996/0 Address 141 HIGHBANK RD Sale Date 12/12/2013 SOUTH YARMOUTH, MA 02664 Instrument 1 F Qualified U Ownership History Ownership History • • Owner Sale Price Certificate Book&Page Instrument Sale Date HIGHBANK PROPERTIES INC $100 D1236996/0 1F 12/12/2013 GOTTARDO PROPERTY LTD $185,000 D702935/0 1N j 08/27/1997 GOODCHILD MINNIE A $0 /0 Building Information C 5CG atas atc'"' '"c COrvlMo✓i ow►�w�� IP Building 1 : Section 1 2070✓1/ G Gt,hv_r) i/1 I9I) . Year Built: Living Area: 0 Replacement Cost: $0 Building Percent Good: Replacement Cost Less Depreciation: $0 • Building Attributes 1 Field — — Descriptiln Building Photo StyLk: Vacant Land `Building Photo Model f (https://images.vgsi.com/photos2/YarmouthMAPhotos//default.jpg) Grade: Stories: Occupancy Exterior Wall 1 Exterior Wall 2 Roof Structure: Roof Cover Interior Wall 1 Interior Wall2 Building Layout I Interior FIr 1 (ParcelSketch.ashx?pid=11507&bid=11964) Interior Fir 2 I I Building Sub-Areas(sq ft) Legend Heat Fuel Heat Type: No Data for Building Sub-Areas AC Type: Total Bedrooms: Total Bthrms: Total Half Baths: j l Total Xtra Fixtrs: Total Rooms: Bath Style: Kitchen Style: I I Num Kitchens I__ l Cndtn Num Park I 1 I 1I Fireplaces Fndtn Cndtn Basement Extra Features Extra Features Legend No Data for Extra Features Land Land Use Land Line Valuation Use Code 1300 Size (Acres) 0.44 Description RES ACLNDV MDL-00 Frontage 0 Zone Depth 0 Neighborhood 0050 Assessed Value $135,500 Ait Land Appr No Category Outbuildings Outbuildings Legend No Data for Outbuildings Valuation History Assessment Valuation Year I Improvements ; Land E Total 2023 i $0 $135,500 j $135,500 s 2022 $0 11 $129,300 f $129,300 2021 --� $0 j $129,300 1 $129,300 (c)2022 Vision Government Solutions, Inc.All rights reserved. 141 HIGHBANK RD Location 141 HIGHBANK RD Mblu 80/ 106/// Acct# 11508 Owner MAIMARON CHRISTINE Assessment $489,700 PID 11508 Building Count 1 Current Value Assessment Valuation Year Improvements Land Total 2023 i $346,300 $143,400 $489,700 i E Owner of Record • Owner MAIMARON CHRISTINE Sale Price $626,000 SULLO STEVEN ALBERT Certificate Care Of Book&Page C229695/0 Address 8 CEDAR MILL DR Sale Date 04/19/2022 ACUSHNET,MA 02743 Instrument 00 Qualified Q Ownership History Ownership History Owner Sale Price Certificate Book&Page Instrument Sale Date MAIMARON CHRISTINE $626,000 C229695/0 00 04/19/2022 HIGHBANK PROPERTIES INC $100 D1236996/0 1F 12/12/2013 GOTTARDO PROPERTY LTD $185,000 D702935/0 UNKQ 08/27/1997 GOODCHILD MINNIE A $0 /0 Future Owners Ownership History Owner Sale Price Certificate 33 Book&Page Instrument Sale Date MAIMARON CHRISTINE • $626,000 1 C229695/0 00 04/19/2022 Building Information Building 1 : Section 1 Year Buiii: 1970 Building Photo Living Area: 1,598 Replacement Cost: $459,502 Building Percent Good: 75 f Y/ x er Replacement Cost ' - = _ 1` , Less Depreciation: $344,600 !� � +' - , . Building Attributes , :_ Field Description Style: Ranch I t ;� Model Residential i Grade: Average Stories: 1 Story ? - Occupancy -- 1 =:: '= (https.//imagesvgsi com/photos2 YarmouthMAPhotos//100\01\40\16.jpg) Exterior Wall 1 Wood Shingle I— Building Layout Exterior Wall 2 I WOK Roof Structure: Gable/Hip ! 10 Roof Cover Asph/F Gls/Cmp j 29 41 sea1s s 14 z 212 0�o- i s Interior Wall 1 Drywall/Sheet FOR 14 1 22 20 Interior Wall 2 35 Interior Fir 1 Hardwood 24 Interior Fir 2 14 _ _. ---- 27 4 FOP 14 4 4 14 Heat Fuel Gas j 16 4 Heat Type: Forced Air-Duc (ParcelSketch.ashx?pid=11508&bid=11965) AC Type: Building Sub-Areas(sq ft) Legend Central 3 Bedrooms Total Bedrooms: GrossArea Living Code Description Total Bthrms: 2 Area Total Half Baths: 0 BAS First Floor j 1,598 1,598 Total Xtra Fixtrs: i FGR Garage 336` 0 Total Rooms: 6 j [FOP Porch,Open,Finished i 56 0 1,570 0 Bath Style: (Average UBM Basement,Unfinished WDK Deck,Wood Kitchen Style: Modern 140 0 Num Kitchens 00 3,700 1,598 Cndtn Num Park Fireplaces Fndtn Cndtn Basement i I Extra Features Extra Features Legend Code I Description Size Value 1 Bldg# FPL1 _FIREPLACE 1 ST 1.00 UNITS I $1,700 l 1 Land Land Use Land Line Valuation Use Code 1010 Size(Acres) 0.72 Description SINGLE FAM MDL-01 Frontage 0 Zone Depth 0 Neighborhood 0050 Assessed Value $143,400 Alt Land Appr No Category Outbuildings Outbuildings Legend 1 • • No Data for Outbuildings _ I Valuation History • • • • Assessment 1 Valuation Year Improvements Land Total l I 2023 $346,300 i $143,400 I $489,700 1 2022 $275,500 $137,000 $412,500 1 2021 $233,300 1 $137,000 I $370,300 (c)2022 Vision Government Solutions, Inc.All rights reserved. 66 FORM E-E Cra r fer der if Ecate of Fitt . No 363316, ' N O T N O T From Transfer Certificate NoA601 , Originally Registered NovetikbeN 25, 1960 ,In" Registration Book 199 O F'pa�fj 11r Y A L for the RegistrQ DiFttriccof Oar P Y C Ain-% , i8 f.t to Ctrtifp that Charles E. Goodchild and Minnie A. Goodchild N O T husband and wife N O T of Old Greenwich O th�C mt�Ntf I F�irj'ield O Egn Sat of CPontie eti cut • C O gat. . L C O P YlL� '` �GIL,I are the owner a In fee simple as tenants by the entirety of that certain parcel of land situate in Yarmouth In the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows: Southeasterly by Highbank Road, one hundred eighty-five (185) feet; N` Southerly by the junction of said Road and Old Depot Road,forty-eight and 14/100 (48.14) feet; n ,t Westerly by Old Depot Road, one hundred twenty-four and 06/100 (124.06) feet; L Northwesterly by a'portion of land now or formerly of John K. Davenport et al, tTra. one hundred six and 35/100 (106,35) feet; and Northeasterly by Lot 101, one hundred eighteen (118) feet. All of said boundaries are determined by the Court to be r i located as shown on subdivision plan 28477-D (Sheet 1) dated February 1962 drawn by Gerald A. Mercer do Co. , Inc. Civil Engineers, 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 199 P 1 th Certificate of Title No. 26051 and said land is shown thereon as LOT 100. There is appurtenant to said to t of way over the streets and ways as shown on said plan in common with others who are now or may hereafter be entitled thereto. Said lot is subject to the restrictions set forth in Doom. ment No. 100,163 from which this Certificate is issued. There is specifically reserved to John K. Davenport et al, Trs. a right of way over so much of said lot as by implication of law lies within the limits of any way; reserving also to said Davenport the right to grant easements to public service corporations for the installation and main- tenance of public utilities in, over, under and upon any private way, And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws,and that the title of said Charles E, aoddohild and Minnie A. Goodchild 1 to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting, and sublet: also io... as aforesaid. EDWARD McPARTLIN, Associate Wrnasss, 11A.lx aaidou.r7M Esquire,Judge of the Land Court,at Barnstable,In said County of Barnstable, the fourth day of November in the year nineteen hundred and sixty-five ' , at 3.2 o'clock and -- ruinutesitrthv noon. Attest,with the Seal of said Court, ���� ��',,,(((vvv� Mill.Assistant Recorder. 0 Land Court Case No.28477 I i :1 . • _ . •• NOT N 0 T • ill AN . A N i • OFFICIAL OFFICIAL COPY COPY 1 . . g.,.1 m 0 . NOT NOT . i AN A N I— OF a g1 ' FICIAL OFF ICLAL copy • • COPY ✓ 0 II . 7: • ' • . a, . U • • . 'vl ..-, ...0. ! 1 6.0 \4 \__k — • 7: -• y i 7 , .,._ • • O il 4 - ,1 ' ::: . i is:. i i. 1 ,• N ...1 • • , VI 11 q, A 4 ‘.s - t ii 1 n' l' iiii U.i NI a j 1 i —101.. ‘1 IQ ,../ •i11: r4 P 71. a ;,,-.t ik t. , ...:-.. .. -,,,..: t-tsi ,..,6. — z8 5 i a °.\ Q '''2 t 3X-.. •Vs..N M ".. s. VT‘ -', --- --,. ...., j''' -, ..."a''' I ILI •.1) . —t kTo M 1 \-,'. , I '4 't• .4.3% I • re: . Z °1 N t'k, • ..,,, t41. we, ( 11 11 1 . ,,, kt ; 4,-) eo •.., .f 4 . )i: % - 's-"N ).- •-• • ? / . . . • il ;, • t "z P,— ,,,;_: i. 2-• (.), 4 , . , dp_ivim\f.,•- .! 4. _.,),60, •Ca , • :0‘ NO . '''.;...,,,4 • \.1,-(.2 6.. 4; w_ , 1 P)'(' j , ,i, • '` ,t.L . 14°,7,i. 11 $ 1. _ :&_.5. .j c(/' • .• ILI 1C.'. 11 , • ! . u. 0 •. 0 g , > i c.. 44( 4 i.., . 0 aft 1 1,1 IN 1 b. . ' Cig P4 I 0• : I . _ >.-- t-. 1 i4 • . , V\ \•: : 1 L m '. • .--1. ---K - __,, : 6, ._ '4: Z-F .j',:. ('' (3-' -. 4; . i . ::.KIL .7....r ...1:i .. - -_57C:.:.___.k. . . _ .r) '...Y., ... ..r6L.L__. ., • u -----\1:_--- •st - rt.. _8 IN' r'' '''° I- e4, I . __ Iy1 ft _ NOT N O T - AN AN OFFICIAL OFFICIAL copy COPY NOT NOT AN AN OFFICIAL OFFICIAL COPY C O- P Y -- — _ i I Oktututr 3urnl of I n I t ❑NL�IVIOUAL) JOHN K. DAVENPORT ET AL, TRS. 1 DAVENPORT REALTY TRUST j t m t ==. . CHARLES E. GOODCHILD ET DX i '- >s�bleREgisrpD . MAR 2 G 1965 RECFIVFn FOR RFGISTRATI • AT el' V•CIOC r .1 t Yn�t , ,. ( r o � �bcS A F o'clock and mimics tn. - z Ixt Raticcd and a tc cd with Uccds •- 1 Book Page............._._............ Q Altcsl; ›` +, s i 0 f i Rcgistcc +• '' c •• FROet TILE OFFICE OE Q' i WILLIAM P. SWIFT m f Attorney at Law Hyannis, Mass. 4 i S-13,333 AN Itf I RETURN TO } } 1(OMS RLM R R WAk .INC.PuSL1SNEIN SIAM)A MP LEGAL FORMS i -'��� BOSTON • MASS -1 For. aua 2 1 t 1. 4 QUITCLAIM DEED rINDIVIDUAL>B82 • We, JOHN K. DAVENPORT and PALMER DAVENPORT, both of Dennis (West), in the County of Barnstable and Commonwealth of Massachusetts, TRUSTEES of the DAVENPORT REALTY TRUSTY 1Jrdfr a Declaration of Trusfida eT June 9, 1956, recorded with BaAn> abLe County Registry of DeAdq\i in Book 945, Page 7, as a ett��vve�4.,b s u e t recorded s o m n N 70387, Barnstable Regih'trry DC1str P t � . P Y A L sEk iriNurzratarFigrk for consideration paid,graiN too CWARLES E. G00DCHILD arid i41NtgETA. A N A N GOOIJCI-ILD, husband andtyite,Fa/ tP 5tisint,A i' the entirrtyr, lmtli RtI A' L 46 Tomac Avenue, Old Greenwich, t.,pl ecticut, COPY with gttUrluhn rourmiutri die land in Yarmouth (South), County of Barnstable, Commonwealth of Massachusetts, comprising two certain parcels bounded and described as follows: (Description arwl cncumbnnces, if any) 4 NORTHWESTERLY by St. Andrews Way as shown on hereinafter mentioned plan, by two courses, a total distance of one hundred twenty-nine and 69/100 (129.69) feet; NORTHEASTERLY by Lot 189 as shown on said plan, one hundred fourteen and 51/100 (114.51) feet; SOUTHEASTERLY by Lots 101 and 100 (L.C. Plan 28477D), as shown on said plan, two hundred twenty-one and 35/100 (221.35) feet; and WESTERLY by Baker's Path (formerly Old Depot Rd.) as shown on said plan, one hundred thirty-five and 49/100 (135.49) feet, and 27.19 feet. Being LOT 190 :s shown on Land Court Subdivision Plan No.28477F, Sheet 1. SOUTHEASTERLY by Highbank Road as shown on hereinafter mentioned plan, one hundred fifteen (115) feet; SOUTHWESTERLY by Lot 100 as shown on said plan, one hundred eighteen (118) feet; NORTHWESTERLY by land of John K. Davenport et al, Bustees, as shown on said plan, one hundred fifteen (115) feet; and NORTHEASTERLY by Lot 102 as shown on said plan, one hundred eighteen (118) feet. Beinv LOT 101 =s shown on Land Court Subdivision Plan No.28477D, Sheet 1. Together with a right of way as appurtenant to said Lots 190 and 101 in common with others who are now or may hereafter be entitled thereto over the streets and ways as shown on said plans. Being a portion of the premises described In Certificate of Title No. 26051. The above described Lots 190 and 101 are conveyed subject to the following restrictions: (to which the grantees by the acceptance of this deed, agree to conform) 1. No building or structure shall be erected, remodelled as to exterior thereof, or added to on said premises, until the plans have been approved by the grantors, their successors or assigns, or such other person as the grantors may from time to time appoint for this. purpose. 2. No buildings of any kind shall be moved onto said premises unless the grantors shall consent thereto in writing. 3. No trade, business or activity shall be carried on upon the granted premises other than the practice of a profession by a doctor, t /( / rt ,1 - Y17) i , / 7/ J!< GE ` - ( LL.IisiJuxl—Joint 1'cnints—Tenal in Commonf—Ten.Lnts b the Entirety.) dentist, lawyer or accountant except with the Y , p express consent of the grantors thereto in writing. 4. The grantors reserve the right to modify or amen t ess,e,g,, restrictions in any manner teQ may determine shall be ofe fit to the lot owners of all of tAeNots as shown on said plansai N OFFICIAL OFFICIAL • 5. In the event the ppsarnt,e,r�f ny lot or lots desir o e the same, he, she, or they`^sbLL ffrst offer said lot or ofs to the Trustees of the Davenport Realty Trust at the same price for which they have received a bona ft4e0:•frer. Failure to accept iicOolrier within ten (10) days shall beAcggsidered a refusal to purchAseNby the Trustees. This rAstpxi$tign Lshaf.LAnot apply to t.1 . u!dee al A L power of sale in any b o gLgeb P Y COPY The grantors specifically reserve a right of way over so much of said premises as by implication of law lies within the limits of any way; reserving also to the grantors the right to grant easements o public service corporations for the installation and maintenance of public utilities in, over, under and upon any private way. Subject to an Easement to Cape & Vineyard Electric Company et al, duly recorded with Barnstable Registry District. ovehrsOLNW�rlAcc!7N OF IdYAsSR"Y.t'SETTS iN: P• r�bj� C7 -a • . Ot ValtkgaRtN3R Esc: x la d:3 ;cb tS xaE icwzoombhcg nrialthitiKintgalatn; aliiuruu our hands and scale this Wt5 day of./Ze4 14 1965.. �'.. ... cdhl n.. .. a en ort�. ..-. .. P Palmer Davenport TRUSTEES of DAVENPORT REALTY TRUST f (llltt �in11�!Iltril"r t11 of faslsttrlinaats N 0 T Barnstable, OFFICIAL � F 4 C ' C Ii9kSL C O . pY C O p Y+ ! Then personally appeared the above nam almer Davenport, Trustee as ,s.,im,n,,.,, aforesaid. N 0 TA N N .Oa -. O. F F I C I A Lr' 0 F �i lrtir A • and acknowledged the foregoing tnstruntstao Its his tree act and deed, betorecic . y - ' �x _ • J Nnury Po6Gc—� My Commission Ls rrs..F.'f.Y.CernrniSSi9t1.l:EpinPs-hiab,..1,,.j9j�t •1 i n • (THE FOLLOWING IS NOT A PART OF THE DEED,AND IS NOT TO PE RECORDED.) CHAPTER 133, SECTION I1, GENERAL LAWS • A deed in substance following the form entitled "Quitclaim Deed" shall when duly executed has-e the force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use, with covenants on the • part of the grantor, for himself.his heirs,executors, administrators and successors. with the grantee,his heirs, successors and assigns, that at the lime of the delivery of such deed the premises were free from all encumbrances made by him, and that he will, and his heirs, executors and administrators shall, warrant and defend the same to the grantee and his heirs and assigns forever against the lawful cairns and demands of all persons claiming by,through or under the grantor, but against none other. I ' Loc u I Oi11164.614 290397 •.vt c Y, 0 rr�G7 �l WPM 34. �� ,� hDOI�G�1IIcl NOT AN CStrAil OFFICIAL 0 COPY NOTgOigtr 5 �� OFFICIALti 3 7 - *alai 0 COPY % cc) . :_.! . t71 rr- • ' / �t r i - ''U N 0 TCOMONWILAITH C1 witsaleffuszres A N �rr�� LAID COURT A N OFF IC '��T"'AMO VIE MALICOM CASE 110.284774 O P Y COPY (seal) N 0 T N O T Upon the petjtjpn of Robert Karshsij, Ooodchild allosieS that Minnie . - . 1 �rao the furviT1ng owner in Certificate 1 ; e No, 34698 and Certificate No. 36336, both issued fa ie egiitry District of Barnstable County, and further alleging that said Minnie A. Ooodehild held said property as a tenant by the entirety with Charles Z. Ooodchild who died February 8, 1980, (bee Document No. 286791 and Dent Mo. ?86192. and further representing the death of said Minnie A. Ooodchild in Connecticut an der 8, 1980, and the allowance of het foreign Will by the Probate Court for the Counts of 1exnstable. and preying fora new Certificate of Title, after Jae proceedings, it is ORDEREDt that both of said Certificates of Title W. 34698 and Certificate No. 3$336 be cancelled and one new Certificate for the land described therein be issued to Robert Narahall Ooodchild of Old Oreenrich, Connecticut. =_ • - •'.,• OR bt that in addition to any other ratters ap.. ppi�a. •' 3 d C rtit1cata Gf Title.--]fo. 34698 Oarbifi+usbe No. 3 , said sew Certificate shall state that the land de- scribed therein is subject to the settlement of the *State of Nimble A. doodohild. 8T the Court. Attests J$tann• X. Maloney Deputy Recorder DAtXDi Deemiber 22, 1981 IMO t 195 Pala+er l= Road, 014 Greenwich, Connecticut 06870 To be Registered with Order 1. Affida Yit of Jo Diioroe, TRUE COPY ATTEST: )12 DEPUTY RECORDER -1-4 ' f + 00C:702�935 00-27-97 10:58 CTF#:145602 BR t1STADLE LRI1D COURT R;ECISTRY NOT QUITCLAIM D< c) T AN AN 1, ROBERT MARSH'AILL GQO®CLIILD, of 195IPafnir HilttRetad, Old Greenwich, Connecticut 06870, lt1 tbrysideration of One 1iLIbdYed Eighty-Five Thousand and 00/100 (S185,000.00) dollars paid, grant to GOTTARDO PROPERTY LTD. c/o Matthew C. Datlett, P2ilmer and Dodge LLP, 1NBeac n Street, Boston,, Mass- achusetts 02108, with QUITCLAIM COVENANTS,Aheland together with the buildings therein,Lsituate in atmouth, BarrA.40AR County, Massachusetts, bounded and descritectayfollows: COPY Southeasterly by Highbank Road, one hundred eighty-five (185) feet; Southerly by the junction of said Road and Old Depot Road, forty- eight and 14/100 (48.14) feet; Westerly by Old Depot Road, one hundred twenty-four and 06/100 (124.06) feet; Northwesterly by a portion of land now or formerly of John K. Davenport et al, Trs., one hundred six and 35/100 (106.35) feet; and Northeasterly by Lot 101, one hundred eighteen (118) feet. Said land is shown as LOT 100 on plan hereinafter mentioned. Southeasterly by Highbank Road, one hundred fifteen (115) feet; Southwesterly by Lot 100, one hundred eighteen (118) feet; Northwesterly by a portion of land now or formerly of John K. Davenport et al, Trs., one hundred fifteen (115) feet; and Northeasterly by Lot 102, one hundred eighteen (118) feet. Said land is shown as LOT 101 on said plan. All of said boundaries are determined by the Court to be located as shown on subdivision plan 28477-D (Sheet 1) dated February, 1962. drawn by Gerald A. Mercer & Co., Inc., Civil Engineers, and filed with the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 199 Page 111 with Certificate of Title No. 26051 and said land is shown thereon as LOTS 100 AND 101. Westerly by the middle line of Baker's Path (formerly Old Depot �,,. , /0 6 F /O 1 d R ci 1 l T �:;C, ! ) Q,;\A- ,/ 0 c1�'�/77 / C.: ( �:( oad), one hundred thirty-fi iii449/100 (135.49) feet; AN AN Northwester/y F F llsy t.IAr Irrews Way, (4'h$ndr4a fiventiy-nine and 69/100 C f A.69) feet; COPY Northeasterly Nb9 Lgt 189, one hundred foattaricand 51/100 (114.51) f eel; and AN OFFICIAL OFFICIAL Southeasterly C lly]oTs 101 and 100 (plan 28477-1 , two hundred twenty- one and 35/100 (221 .35) feet. All of said boundaries are determined by the-Court to be located as shown on subdivision plan 28477-F (Sheet 1) dated September 1963, drawn by Gerald A. Mercer & Co., Inc., Surveyors, and filed in the Land Registration Office at Boston at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 199 Page 111 with Certificate of Title No. 26051 and said land is shown thereon as LOT 190. So much of said land, as is included within the limits of the Travelled Way approximately shown on said plan, is subject to the rights of all persons lawfully entitled thereto in and over the same. There is appurtenant to all of said land a right of way over the streets and ways as shown on said plans in common with others who are now or may hereafter be entitled thereto. Said land is subject to the restrictions set forth in Document Nos. 94,895 and 100,163. John K. Davenport et al, Trs. specifically reserve a right of way over so much of said land as by implication of law lies within the limits of any way; reserving also the right to grant easements to public service corporations for the installation and maintenance of public utilities in, over, under and upon any private way. Said land is subject to the rights granted in an easements given to the inhabitants of the Town of Yarmouth dated May 9, 1962 being Document No. 75,254. Said land is subject to the rights granted in two easements given to the Cape & Vineyard Electric Company et al: one dated August 8, 1962 being Document No. 76,540 and the other dated June 5, 1963 being Document No. 81,396. �a - Said land is subjea t?i tTie rights granted in an Vase riTent given to the Cape & Vineyard Electric C&any et al dated January 21, 965 being Document NO 93,872. OFFICIAL OFFICIAL COPY COPY For my title see Certificate of Title No. 87750. NOT NOT WITNESS my handpar l seal this Z2 day of A'1rg1st, 1997. OFFICIAL 0 F I C I A L COPY 41,skffio,A61,,,I Avitth0„jp..._, ROBERT MARSHALL-000DCHILD THE COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. August 2 a, 1997 The personally appeared the above named Robert Marshall Goodchild and acknowledged the foregoing instrument to be his free act and deed, before me . 74/41-4" ( - eg4-(1-;-) Howard C. Cahoon, Jr. Notary Public My Commission Expires: December 12, 1997 h- 0006 C'J w cn r- r- r-Q l; ro . , - 8 5ii C ¢ `� r' r' ri o 'ram- c, �d . . a cr! r- Vr f,• ilM = O 1 2 Z l ' CaMEILME) BARNSIAgIE REGISTR`t 0F DEEDS I t I Da = 1r236,996 12-12-2013 1 : 13 BARNSTABLE LAND COURT REGISTRY *gX t� 6 =__ml= N (_Or .__10— A�A�N 7�� ��� AAA N `..— ,. 0 F F rit'a`el-rgEd'P, OehitO�i, >~� crAMIetts 49.- /3c3 er.o COPY COPY William Francis Galvin Secretary of the Commonwealth N 0 T N 0 T A N December 4,2013 A N TO WHOM IT lv A 'CFOs CRk,I:A L OFFICIAL COPY COPY I hereby certify that according to the records in this office,Articles of Domestication were filed here April 12,2010, pursuant to Massachusetts General Laws, Chapter 156D, Section 9.22,whereby GOTTARDO PROPERTY LTD., a Turks and Caicos Islands Corporation converted into HIGHBANK PROPERTIES INC.,a Massachusetts Corporation and the surviving business entity. 0 L9 !.n A- Li_ H v i. 1 _, >l`. In testimony ofwhich, ':, , ,.. I:=-__±7.,4 -_-_--±H',. - . I have hereunto affixed the . = a Great Seal of the Commonwealth `` '-= on the date first above written. t j/- 3t1< S.��2 Secretary of the Commonwealth Processed By tpg BARNSTABLE REGISTRY OF DEEDS Doc: 1 , 457 , 022 04-19-2022 8 : 12 Ctf#: 229695 NOT NOT AN AN OFFICIAL OFFICIAL COPY COPY NOT NOT AN AN OFFICIAL OFFICIAL COPY COPY QUITCLAIM DEED CHighbank pert es . f/k/a Gottardo Property LTD.,of 141 Highbank Road, S. Yarmouth MA 02664,for consideration paid in the amount of$626,000.00, Grant to Christine Maimaron and Steven Albert Sullo,Husband and Wife,as Tenants by the Entirety,0Tf8-Cedar-Hill-Drive;-Acus et MA 02743,with quitclaim covenants all of its rights, title and interest in the land together with the buildings therein,situated in South Yarmouth, Barnstable County,Massachusetts,bounded and described as follows: SoutheasterlyD by Highbank Road,one hundred fifteen (115)feet; ii Southwesterly by Lot 100,one hundred eighteen(118)feet; Northwesterly by a portion of land now or formerly of John K. Davenport et al,Trs., one cn hundred fifteen(115)feet;and Ln 6 Northeasterly by Lot 102,one hundred eighteen(118) feet. z N All of said boundaries are determined by the Court to be located as shown on subdivision plan 3 28477-D(Sheet 1)dated February, 1962,drawn by Gerald A. Mercer&Co.,Inc.,Civil Engineers, and filed with the Land Registration Office at Boston,a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 199 Page 111 with Certificate of Title No.26051 and jsaid land is shown thereon‘Lot 109 • Westerly by the middle line of Baker's Path(formerly Old Depot Road),one hundred thirty-five and 49/100(135.49) feet; Northwesterly by St.Andrews Way,one hundred twenty-nine and 69/100(129.69)feet; Q--.} Northeasterly by Lot 189,one hundred fourteen and 51/100 (114S1)fcct;and MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY EXCISE TAX BARNSTABLE LAND COURT REGISTRY BARNSTABLE LAND COURT REGISTRY Date: 04-19-2022 @ 08:12am Date: 04-19-2022 @ 08:12am Ct1#: 49 Ct1#: 49 Fee: $2,140.92 Cons: $626,000.00 Fee: $1,915.56 Cons: $626,000.00 d) cuu Vc.,--ts o vr- t-}r'r� i wt Doc: 1, 457 ,022 04-19-2022 8 : 12 Page 2 of 3 NOT NOT II AN AN / OFFICIAL OFFICIAL COPY COPY NOT NOT AN AN OFFICIAL OFFICIAL COPY COPY Southeasterly by Lots 101 and 100(plan 28477-D),two hundred twenty-one and 35/100 (221.35)feet. All of said boundaries are determined by the Court to be located as shown on subdivision plan 28477-F (Sheet 1)dated September, 1963,drawn by Gerald A. Mercer& Co.,Inc., Surveyors,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 9 Page,111 with Certificate of Title No. 26051 and said land is shown thereorfas Lot 190. So much of said land,as is included within the limits of the Travelled Way approximately shown on said plan,is subject to the rights of all persons lawfully entitled thereto in and over the same. There is appurtenant to all of said land a right of way over the streets and ways as shown on said plans in common with others who are now or may hereafter be entitled thereto. Said land is subject to the restrictions set forth in Document Nos. 94,895 and 100,163. John K. Davenport et al,Trs.specifically reserve a right of way over so much of said land as by implication of law lies within the limits of any way; reserving also the right to grant easements to public service corporations for the installation and maintenance of public utilities in,over, under and upon any private way. Said land is subject to the rights granted in an easements given to the inhabitants of the Town of Yarmouth dated May 9, 1962 being Document No.75,254. Said land is subject to the rights granted in two easements given to the Cape&Vineyard Electric Company et al: one dated August 8, 1962 being Document No.76,540 and the other dated June 5, 1963 being Document No.81,396. Said land is subject to the rights granted in an easement given to the Cape&Vineyard Electric Company et al dated January 27, 1965 being Document No.93,872. All rights of homestead and other interests are also released. This conveyance does not constitute a sale of all or substantially all of the assets of the Corporation For its title see Certificate of Title No. 145602. Doc: 1, 457 ,022 04-19-2022 8 : 12 Page 3 of 3 NOT NOT AN AN OFFICIAL OFFICIAL COPY COPY NOT NOT AN AN OFFICIAL OFFICIAL COPY COPY G 'lL WITNESS my hand and seal,this day of April,2022 for Highbank Properties Inc. Alexan lack,President Grantor x er ck,Treasurer Grantor Commonwealth of Massachusetts , SS. On the / day of April,2022,before me,the undersigned notary public,personally appeared Alexander Black,proved to me through satisfactory evidence of identification which was (� /9 (i,1- , G{C ,to be the person whose name is signed on the preceding document,and that he signed it voluntarily for its stated purpose. Notary Public: My Commission Expires: 3/(4 6 NEIL .1 BERMAN I Notary Palk 'I� My Commission s o,t March 16, 2023 JOHN F. MEADE, ASSISTANT RECORDER BARNSTABLE REGISTRY LAND COURT DISTRICT RECEIVED & RECORDED ELECTRONICALLY SUBDIVISION PLAN OP LAND IN 1'tRMOUTH L 28477 I, • Gerold A, Mercer 8 Co. , Inc. , Civil Faig1i e.rs SHEET I,. yh • N 0 T N 0 , a"4,, AO February lg 3 - N o Q B. OFFICIAL O F '�C I ' " $•. COPY ' P 4 ayi iA` ` • 5 ' N O T °a g v � 1 • A N b Pa pr- o '� qa - OFFICIA �ttl� Nw♦ 6 4 F KI,.,t\ AQ• . COPY Jot ef. r 0 0' �"3 u , t hAV 0 rot 4 b�, d • R a• 4 ./ l c,. oil r v1�iit V � i 0 4 JJ!/�f W N 4.4 / 4 a., o(t n 1 //// • j �� 411I Ni 4//tr �/ ICI O s; li �� /----- 4.,tr).i tQ V ��/ of o /t 1!t / `^ :... JJJ _.....� 0 i o N p , . rya;-- --- .,. • /� 0 ., >, /// '19 1 • vi• 0.0 .4 10Cv?35- 1/5.oo 5 oa /15•o o ,d see 1 oo� �is5/ '77 0 it, /0/ a102 h) /03 m3/04 �iI�,• a - ls._oo ,. ,. 2 lla.ooIIS.oo /I5.oo » 2 GHBANK S t3(do°,v`' )—= le..,,,,- HI ROAD r • Separate certificates of title Vey be, issued for land • shown hum, and.or_,sb.eA t_4.4 P A..90 heto.too tliru 14• D Cory orpert orp1an The Coon ----lkd in--- LAND REGISTRATION off/Cc L MAY4/962 �.-t O 9- 4 Scale orfhh pion Sao feel io en loch _JURY_ IV13.2 Record. C.M.Anderson,EnysxerMr Cowl,i FfYcF 1«a.1"-$- JM-1141-131 1 I .: / /Z N r —/ /i - //I II NAONT NAQV 7 7 7 F , OFF I C I A L O F F I CSA/EATL/. ) suBnisiscrow MN OF LAND IN YABMOUT} 0 P Y Gerald Alq tbrispr & Co., Inc., Surveyor c4 F F I Np1ela i L 1963 OFFICIAL „i ,--- CO(/i-R O P Y COPY 7 cg k GS S3ztk' y.. s''0- 44 t �f4� s� i i44�: ,V i• �PFfT , . I L<v1 n 2947fe� Q f/8 0 • ''1 n/oEf i - C�r•k 269oJ2 h , • L.C. Pia., 284�770 U$ n ib ° c«t2 ts.°'51 `` cs a�o;Y trap 4 Z S 39�4a'00"E .- • ,tier 6y7�g. q/l'F�� �1 .Pad/n/ ,�+ _ - 1 • 4/.07: n //V �'Re 2Bl4 a0>bb� so s• p Spa/2'o tz, �^1' /�^ O'"s 4o°3dO02.j y L•4 7/.� 2847T4 • .•� :>.f -, /$ O E /f5,� //O.00 6 /15 N jj as -a4_-- / 7 4e fie. M b Cart. .26051 ... o �# S \ (� �7 Q S f/a 06'00 L E 2 y /!O.00 \V I ' ' C`Cr J10.00 bn 4 //4 °c.3 N frSG'031Y . p 1 I a J/0.00 E �i • /08 . O Q I74 e p t.� C4.4 250J7 y ' � /lO.Od \ 04. . Q 04 /64 O N4Z°3J'2!'T' �' 185O S4z•23•20'E - • .• \� �' 00 t}' I12 . a43ao9H \ //0.00 Q O - ' Q Q N 4,3°f2r3v,Q 0 �1 `x43'dl 6 A t III 75 Q Q 186 `) /05 %Jo/ %`JV, Q !/44•44.Set,' * \ Q Q .o '?� . 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' �-- ���n*. o N X 4; •(-,.,-,0"*.,- O//ver N, Sher/da (o art'O11 k-•`•�') ,ism kV• a(OC.. l3`/ID58 \ ,Q co o Subdivision of part �f Lot 5 and I'ot 99c �A\� Shown on Plans 28u?7 Sheet 1 and 28477 Sheet 1. ;,^�`oh ; Filed with Cert. of Title Nos. 25973 and 25051 ��\ > ' Registry District of Barnstable County o*\w/ Separate certificates of title may be issued for land shown hereon and.00•sbrets?Old.3.ailotsl4&_hrt/_/92Incl.. co of rtorR+an by the Court.. r LAND REGISTRATION OFFICE . , APR/L7/964 '•��1�---t ' Scale of this plan/O0 feet to an inch "" O C.M. ndemon ineerfvrCoortY2 . e.�A!�fL_71196¢._ - Reeordee ��` - , C � Ig61 . VV -(t)- E r F RG ,y9y 4iq I ,,,,..c FOLLINS POND C O^ }*; R - 4 0 \ KELLEYS F \ BAY 2 N w t NaH's POND I W 6 \ R-20 � - ` O /• 4r wesr eRN- R ,,'' D \ WEST LINE PL.BK.300 / PG. 15 R — 15 / R545 DISTRICT FLAX N''p\N Ill ♦• POND RC) . i J*1 :RIVE -17'11//^^ �\�,�eP R—2 0 , _=L- !••!i• • 7 / . / ,PROPERTY VmEs AI Il BASS �� 'IVER �`OF .--..N.1.) ,�♦ aTT SW P / —_ .♦., 1 c_ CREEk NZ N N. • 1,1 VU E- 4/9/65 A.T.M////// ARTICLE 43 G-. / INESS / l LIMITED ® O�ti // ioN/ \..e COCAIIIIbli , SETUGKE•T <2.." FpLLINS .06 /01 pOND �. (, v //� \ pOµ RO \ Th \ v R -40 ` KELLEYS n \ BAY Z in aN ari's 1 POND I IOW FQT g weSTFRtiII Rp A ROUTE 6 HIGHWAY /. /its 4 0 0 5,,\\�,1 \\ � ` 4 / 4T weSTFR ill N \ l' EST LINE \'\\ `O R0 \ PL.BK.227 �,0 PG 53-, IRp,U- WEST LINE a E Ft��/ PL.BK 300 / /1"/r1f5BK`; .. PG. IS R - 40 R sta f �\N , { /// hil,r.i. ..-- FLAX POND -. M 4p/O Q -� g r 0 4i 7 ,, x ►..�� iz PROPERTY• : LAWS 11 0. .4 ;4‘ - -n+ PONO ONO �. / �;.:�. t ��NG v �� 1�.♦�'`CCh • CZ: S443 f=;� � �; �2 :,:rf _ n •..:. Law Office of Singer & Singer, LLC 26 Upper County Road P.O.Box 67 Dennisport,Massachusetts 02639 Andrew L. Singer Tel: (508)398-2221 Marian S.Rose Fax:(508)398-1568 www.singer-law.com Myer R. Singer(1938-2020) August 5,2022 Via Email: steve@repurposeproperties.com Stephen Sooy REpurpose Properties PO Box 334 55 Main St. Buw7ards Bay, MA 02532 Re: 135 Highbank Road,Yarmouth,MA Dear Mr. Sooy: I am writing to report on my research regarding when 135 Highbank Road became nonconforming as to lot area under the Yarmouth Zoning By-Law. Background: 135 Highbank Road(hereinafter"Locus")is an undeveloped lot which is,per the field card,roughly 19,000 square feet. Locus is undersized for the R-40 zoning district in which it is located. The Plan of Land on record for Locus(Lot 100)describes frontage on Highbank of roughly 180 feet and on Baker's Path(formerly Old Depot)of roughly 124 feet. Lots 101 and 190 make up what is now 141 Highbank which is developed and also owned by Highbank Properties. (See Plans of Land 28477D (sheet 1)and F(sheet 1)). The lots were registered in 1964 in the Registry District of the Land Court, Barnstable County and have been held in common ownership since 1965. You've asked that I review the Yarmouth Zoning By-law as it has been revised by Town Meeting over time to pinpoint when Locus became nonconforming as to lot area. Yarmouth Zoning By-Law/Revisions: Locus became nonconforming as to lot area after zoning by-law revisions applicable after January 7, 1987. (See Excerpt from 1987 Yarmouth Zoning Map and table attached). At this point in time and moving forward,Locus's applicable zoning district was(and is)the R-40 Zoning District which requires at least 40,000 square feet in lot area. Prior to the 1987 revision, Locus was in the R-15 Zoning District which required 15,000 square feet of lot area. (See Excerpt from 1 T 1985 Zoning Map and table attached.) Given that Locus is roughly 19,000 square feet in lot area,the change from a minimum of 15,000 square feet to 40,000 square feet created the nonconformity. I would welcome any questions you might have. Sincerely, Very truly yours, Marian S. Rose Marian S. Rose Attachments 2 1\:1_ '1,3o / • 1-414,, pow, ) t RD L F� + �:.F. +:y P� un 4 SANDY A •% BUCK (�agE2 / PC+:D i \ ,' • ) KEQS C `� / ) �. `� C R 2 0 �1.,,:, ' /. • +.: 0.!.7..;.::;:..0b -C.•!: (�4 .,.:!�� R- i 5 / f .E!/: '..4'-d• r ice•: : •'•'1/„f-:.--"--;i•� '••_:,+ '- . -s 4j".. p 1 !- -+: . • r, ,. :f\?4•:+STATE,;V ': .;. ..,•;:a - , .-0(,.:,'. I••, z / -- _'':vt:: '::'iGENERAL /a:•,a,,.:•. Y;'.' t.k 2• r. .._,. ,:_ ,_:,: :8 :,..,,:.::. :i•:,` . _s•.+ R,- 15 • R- 15 rt w d� a. a 00 P m4�1 W s�'O¢� v� �`a` s w • R - 15 w N SOJ�t� y,`Z2 o re D. ,.0- Q R-25 r r • • -------N\ ��v H LEWIS ce POND NORTH LINE BAY LC 21255 A -v__/-~ SEk GULL/ RD R--25 REVISIONS I. ARTICLE 24 SPECIAL TOWN MEETING 12/6 /78 i 2. ARTICLE 28 SPECIAL TOWN MEETING 12/6/78 /--'_ ' 3. ARTICLE 55 ANNUAL TOWN MEETING 4/29/80 4. ARTICLE 56 ANNUAL TOWN MEETNG 4/29/80 N'Es7 5. ARTICLE 2 SPECIAL TURN MEETIFNO I/ 7 /81 `� LINE 6. ARTICLE 55 ANNUAL TOWN MEETING 4/26/82 Lc 14426H - 7. ARTICLE 20 ANNUAL TOWN MEETING 4/12/83 8. ARTICLE 43 ANNUAL TOWN MEETING 4/ 9/85 Q�S; R-87 -"S\3G I 415 ZONING MAP _--- TOIiU\ OF YARVIOUTH DECEMBER 26,1972 AMENDED THROUGH APRIL 1985 r000 500 0 1000 2000 3000 4000 5000 ri -I i �., v SCALE IN FEET s LEGEND 7/ ZONE AREA FRONTAGE R- 15 15.000 SOFT. 125' MAY BE REDUCED TO 50' THS Is TO CERTIFY THAT THS PLAN IS A TRV'E ANO R-20 20,000 SQ.FT. 125' MAY 8E REDUCED TO 50' COMPLETE COPY OF THE ORGNAL ZONMNG MAP ADOPTED BY ThE TOWN OF YARMOUTH SIM,_TANEOUSLY WITH ITS R-25 25,000 SQ FT. 150' MIU BE REDUCED TO 50' 20V. G ORDNANCE AND APPRO/ED BY THE ATTORNEY RS-25 25,000 SO.FT 150'MAY BE REDUCED TO 50' GENERAL FCR THE COMMONWEALTH OF MASSACHUSETTS R-40 40,000 SO FT. 150' MAY BE REDUCED TO 50' ON FEBRUARY 21,1946,TOGETHER WITH ALL THE AMENDMENTS,ADGTIONS ANO ALTERATIONS AS HAVE R-87 2 ACRES 200 MAY BE REDUCED TO 50' BEEN VOTED ANO APPROVED BY SAID TOWN AND THE ATTORNEY GENERAL FOR 54O COMMO`IW£ALTH UP TO GQ THE PRESENT DATE �/,��.� LIMITED BUSINESS 10,000 SO FT 100' MAY NOT BE REDUCED -FL1et Q,,)„Q�_ GENERAL EUSINESS 12,500 SQ FT 125' MAY NOT BE REDUCED AIRMAN OF YARMDUTH PLANNING BOARD INDUSTRIAL 40,000 SQ.FT. 100' MAY NOT BE REDUCED i. CLE AND ENTERED6V THE RECORDS OF THE TOWN °i// CLERKRK O Of THE TORNNOF OF YpRMOUTH 564 ....„ ...., • 4., liaC R E E K . t t4/3/85 ATM///// W E ARTICLE 435 / • IN //55S 1 LIMiTE. Am, / /i / ,, '5.4 , ,o /yf col:Ab„/ >-- 0•)�� / . RO 4r4` io FpLLINS 2n /j1 ppNq < �n POM RD `�_� \ Jr 4ORT H ,,,ESP 0 R -40 \ K YS =i \ N DIkAH'S POND GpFQT $ WeST6"H/y 1 . �� RD. ROUT 6 / HIGHWAY �• Gitt�v / /gyp` 7 0�� �'� ''' RT WFST `�. /�N ST LINE -\�.-r�y ►� it PL.S%.222\ -Ro.n PG 54, Roll WEST LINE 1�/ R0(01:) ...--' El.S%3 p0 /STtHE PC 15 R - 40 . . N'T.� , ahib/b• ,; N ( 051 V''' , PFOLNAo% LL it) N+..` 4 /ti / *+�� �,��o-�� R-40 // ! f i LvL+Xr / ►. .V.< Illt R—40 / �'i�i�i�i� / ,Pfi XIY. '' � L•�; / (.04 f e° W� r�� {eC • labs �1 , .4tiF y\ fi4D 4f r y\ % V / '/\/1fj / FOLLINS V POND < On . \ R- 40 KELLFYS BAY �� 22 tMAWS 111 / —_______ 6 r"�� / ,�. ` . - R-2 0 � RN R �- J • ./ I� D 14 �� WEST LINE PL BK300 / *- PG. Is R - 15 r AS-25 DISYRItT N /( EES FLAX LIL* POYO ` \` . \ r �� 1} WO�` ORI1i z i• �I _, \Z0P R--20 , Dice / i«�KRL LON r+�� , - . .., ,,,,, 6005 m ~4`.������ J / 'v il ,PROPERTY. uefs� �.� 645g no /(I GOLF �—� •N` i Wqy< / �J> s'? C.OUR SE / \ . PRQPERr `� q�s' 41 LINE ,�/ \ S�� ��I( R -.. / I % L_ J pt‘ / aY al .� vJ .....;:t �cY /{,9, ti C,,_ 5 ,lt{[,?� Z • c,:' 's;; =yR t —25 rr,•.. y•�,r ITS-• . i;' • ,, .} t,,• v.,•., .1- ,:-^ .1 I'---- � / VN...PC STATE -;1 -•. y.?:::— __ rer'str rr sY2-.i�r .:: ' �/:• ::!(GENERAL: %"is..�.?L•;-".. N p• - —__/: 25 Q d, w N4, d oa 4 40 A. P 9 B5 354 )t2 � W SCOPE \\"rE cwna R—2 5 w N SOvj N / t O. / • j %/ O / LEWIS POND / / �c)\ seq GJ� GULL FO R-25 ___ ------- REVISION S I ARTICLE 24 SPECIAL TOWN MEETING 12/6 /78 c7?----- ' ,,,,------'---------- 2. ARTICLE 28 SPECIAL TOWN MEETING 12/6 /78 3- ARTICLE 55 ANNUAL TOWN MEET!NO 4/29/80 4. ART IC!E 56 ANNUAL TOWN MEETING 4/29/80 WEST 5 ARTICLE 7 SPECIAL TOWN MEETING I/ 7 /81 LINE 6. ARTICLE 55 ANNUAL TOWN MEETING 4/.26/82 LC 14426 7. ARTICLE 20 ANNUAL TOWN MEETING 4/12,83 8. ARTICLE 43 ANNUAL TOWN MEETING 4/ 9/85 G9 ARTICLE 20 SPECIAL TOWN MEETING 1/ 7/87 P� ZONING MAP TOW\ OF YARV OUTH iqt? ~ DECEMBER 26,1972 AMENDED THROUGH JANUARY 1987 e' IOW 500 0 1000 2000 3000 4000 5000 h 31 3e SCALE IN FEET r 4 } LEGEND ICI ZONE AREA 7 FRONTAGE • CERTIFY THAT THIS PLAN IS A TRUE ANO' COPY OF THE ORIGINAL ZONING MAP ADOPTED NN OF YARMOUTH SIMULTANEOUSLY WITH ITS R-25 25,000 90,FT f50' MNSY BE REDUCED TO 50' ` NNANCE AND APPROIEO 8Y THE ATTORNEY RS-25 • 25,000 SO.FT 150'MAY BE REDUCED TO 50' DR THE COMMONWEALTH OF MASSACHUSETTS R-40 40,000 SO.FT. 150'MAY 8E REDUCED TD 50' tY 21,1946,TOGETHER WITH ALL THE S,ADDITIONS AND ALTERATIONS AS HAVE R-87 2 ACRES 200'MAY BE REDUCED TO 50' o' I AND APPROVED 8Y SAID TOWN AND THE ! {p GENERAL FOR SAD COMMONWEALTH UP TO' - 4./V. vT DATE �- LIMITED 8USINESS 25,000 SO FT 150' MAY NOT BE REDUCED G �' �� GENERAL BUSINESS 20,000 Sq.FT 125' MAY NOT BE REDUCED �``f, CHAIRMAN OF YARMOUTH PLANNING BOARD INDUSTRIAL 40,000 SO.FT. IOO' MAY NOT BE REDUCED $05 NO ENTERED IN THE RECORDS OF THE TOWN gEP P4b P`yfP HE TOWN OF Y MOUTH YARMOUTH TOW CLERK a A V AV �Z R i II % [..4..., N ' ' 1. �I ...•v / (.._ -)11" 4-, tkii.F.7. ,.....'ect.=.): ek .4:11055...:.:;;:s,..,if f, •, s ��; j`r, ✓.A '.�iit: '•':.!:GENERAL i •'jo' ;".`:•..,�:.g.;AY :�., ie t - a N I \ - lif • Ness:,,,:, ' R— 2 5 25 d� a uj ,� 'a. OR 4 6 9av �L SYOP `NE Q� t� a N� a Sv R 2 5 w w SOV/ n YN K 0. .--\N\\\ ' j O / � j LEWIS POND / J / \2 Se4 S() GULL RO R-25 REVISIONS, 1 ARTICLE 24 SPECIAL TOWN MEETING 12/6 /78 2 ARTICLE 28 SPECIAL TOWN MEETING 12/6 /78 3. ARTICLE 55 ANNUAL TOWN MEETING 4/ 29/8p 4 ART IC!E 56 ANNUAL TOWN NEET!NG 4/29/80 -____ WEST 5 ARTICLE i SPECIAL rC7rYN MEETING I/ 7 /81 LINE X 6 ARTICLE 55 ANNUAL TOWN MEETING 4/26/82 LC 14426 7 ARTICLE 20 ANNUAL TOWN MEETING 4/12,83 8. ARTICLE 43 ANNUAL TOWN MEETING 4/ 9 F85 9 ARTICLE 20 SPECIAL TOWN MEETING i/ 7/87 t'' /O ING MAP TOW\ OF YARVIOUTH lilt? � DECEMBER 26,1972 AMENDED THROUGH JANUARY 1987 3 "�' IOOO 500 0 1000 2000 3000 4000 5000 SCALE IN FEET r � d LEGEND ZONE AREA FRONTAGE CERTIFY MAT THIS PLAN IS A TRUE AND' COPY OF THE ORIGINAL ZONING MAP AbOPTEO NN OF YARMOUTH SrMUL7ANE0USLY WITH ITS:. R-25 25,000 SO.FT 150' MAY BE REDUCED TO 50' , INANCE AND APPROVED BY THE ATTORNEY RS-25 25,000 SQ.FT OR THE COMMONWEALTH OF MASSACHUSETTS 150'MAY BE REDUCED TO 50' iY 2/.1946,TOGETHER WITH ALL THE R-4D 40,000 SO.FT 150' MAY BE REDUCED TO 50'S,ADDITIONS AND ALTERATIONS AS HAVE R-87 2 ACRES 200'MAY BE REDUCED TO 50' e9 I ANO APPROVED BY SAID TOWN AM) THE''! GENERAL FOR SAO COMMONWEALTH UP TO - pt GE DATE �- TH LIMITED BUSINESS 25,000 SQ FT. 150' MAY NOT BE REDUCED moo' ` � GENERAL BUSINESS 20,000 SQ F7 125' MAY NOT BE REDUCED N` CHAIRMAN OF YARMOU PLANNING BOARD INDUSTRIAL 40,000 SQ.FT. 100' MAY NOT BE REDUCED ND ENTERED IN THE RECORDS OF THE TOWN �Ep pyE, P`yi.P 'HE TOWN OF Y TH r77 YARMOUTH TOW CLERK . rt Y �W Y _..., . _ _.. W 4 0 E - I 1 . .1-... 4 ....--. . -.... , 5,c1 ... FOLLINS ....49. (•-• ' , • \ --.... \ . 0 R- 4 0 KE LLEYS BAY ct, 1- -..\ • ii, • NNAWS \ . POND . ' ?' / • VII, 1r .__---iii ------- 6 ..ti 4--- • ....- ------' R 2 0 4) WEST LINE PL / S1 PG IS / .-rES-26 OISTRICI 8KOO R - 1 51 IA sAc't't 1. --1 (1 . FLAx poN. ,...... ._ 4P, 2 5 4b. ZCZ, ct' c-V--- ././(A15 VS.\ R- 2 0 / 4- • ./... S a 0. iii Orri P WILL 0*LI) •2", / •- ‘.x V . •,-. 4• •Z t / / 4• ..., / .FfaOPERTY 4 i I 1°A. 4 1,MSN pir 4,74 iv* R A 4C.fr 410:‹ .. • PROPERT \ rakr4im„ •OA Y a Eiss LINE IL N,_ft4" Pc) / . ....— r--.,, , v ••.1,,,,,, Law Office of Singer & Singer, LLC 26 Upper County Road P.O.Box 67 Dennisport,Massachusetts 02639 Andrew L. Singer Tel:(508)398-2221 Marian S.Rose Fax:(508)398-1568 www.singer-law.com • Myer R. Singer(1938-2020) November 23, 2022 Via Email and delivery to tsears@yarmouth.ma.us Tim Sears,Assistant Building Commissioner Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Re: 135 Highbank Road, Yarmouth, MA Dear Mr. Sears: I am writing to provide an opinion on the buildability of 135 Highbank Road,Yarmouth, MA ("Locus"). Specifically, I researched whether Locus, is a separate, buildable lot or whether it has merged with 141 Highbank Road, a developed property also owned in common for a considerable time by Minnie Goodchild and subsequently Highbank Properties. Based on my research which is outlined below, I believe that Locus should be considered a pre-existing nonconforming lot that is independently buildable under the Yarmouth Zoning By-Law under both sections 104.3.4 (2) and(5). How these sections apply is analyzed as follows: Lots 100, 141 and 190-Summary of creation and subsequent ownership. Locus is an undeveloped lot which is also known as Lot 100 on Plan of Land 28477-D. It is, per the field card,roughly 19,000 square feet which is undersized for the R-40 zoning district. Locus became undersized in 1987 after the Yarmouth Zoning By-Laws revised the zoning map and placed Locus in the R-40 Zoning District requiring a minimum of 40,000 square feet for building lots. (See excerpts of 1985 and 1987 zoning maps attached). The Plan of Land on record for Locus describes frontage on Highbank of roughly 180 feet and on Baker's Path(formerly Old Depot) of roughly 124 feet. Lots 101 and 190 make up what is now 141 Highbank which is developed and was owned until April 2022 by Highbank Properties. (See Plans of Land 28477D(sheet 1)and F (sheet 1) attached). Locus was registered in 1960 in the Registry District of the Land Court, Barnstable County and have been held in common ownership since 1965 when 141 Highland was sold to Charles and Minnie Goodchild until the recent sale of 141 Highbank by Highbank Properties. (See deeds attached). 1 Under Section 104.3.4(2),Nonconforming Lots, the By-Law provides that even if two (or as many as three)lots are in common ownership,so long as the undeveloped lot meets the following criteria, it is grandfathered under the earlier zoning and considered buildable: 1. The plan for the undeveloped lot was recorded or endorsed; 2. The lots were held in common ownership when they became nonconforming; and 3. The lots contained more than 7,500 square feet, 75 feet of frontage or contained 15,000 square feet, and fifty feet of frontage(if section 203.2 conditions met) Here,Locus's Plan of Land was first registered in 1964. Locus was held in common ownership when sold by the developer to the Goodchilds in 1965 and has been held in common ownership ever since. (See Document#'s 100,163 (lot 100)and 94,985 (lots 101, 190). Locus became nonconforming after the Yarmouth Zoning By-Law was revised in 1987 to require 40,000 square feet of lot area. Locus meets the dimensional requirements given that it is over 7500 square feet(19,000 square feet) and has well over 50 feet of frontage(185 feet shown on Highbank and 124 feet shown on Bakers (formerly Old Depot Road). This provision of the Zoning By-Law provide grandfathering protection to Locus based on meeting this criteria. Section 104.3.4(5)also provides an alternative option for relief Under this section, the dimensional requirements of the By-Law will not apply for a lot to be used for single family residential use, so long as the following provisions are met: 1. The plan for the lot was approved or endorsed by the Planning Board prior to June 3, 1996; 2. The lot was not held in common ownership with more than two abutting lots as of June 3, 1996; 3. The lot is at least 10,000 square feet in non-wetland area; and 4. The lot has either 75 feet of lot frontage or 50 feet of lot frontage if the minimum dimensional requirements of Sections 203.2 are met. Locus meets these requirements as well. Locus was approved and registered in 1964. Locus was held in common ownership with only two abutting lots(lots 101 and 190 which make up 141 Highbank). Locus meets the minimum square footage requirements and has over 75 feet of frontage on both Highbank and Baker. Again, all criteria required to recognize a grandfathered lot appear to be met here. I hope this letter provides a more detailed analysis of the buildability of locus than the follow up letter the broker forwarded to you recently which only addressed when Locus became nonconforming. I'd be happy to provide any additional information you might need to make a determination. Sincerely, Very truly yours, Marian S. Rose Marian S. Rose CC: Mark Grylls via email 2 135 HIGHBANK RD Location 135 HIGHBANK RD Mblu 80/ 105/// Acct# 11507 Owner HIGHBANK PROPERTIES INC Assessment $135,500 PID 11507 • Building Count 1 Current Value fI Assessment Valuation Year Improvements Land Total 2023 $0 $135,500 $135,500 Owner of Record Owner HIGHBANK PROPERTIES INC Sale Price $100 CIO BLACK ALEX Certificate Care Of Book&Page D1236996/0 Address 141 HIGHBANK RD Sale Date 12/12/2013 SOUTH YARMOUTH,MA 02664 Instrument 1 F Qualified U • Ownership History j N Ownership History Owner Sale Price Certificate Book&Page Instrument Sale Date HIGHBANK PROPERTIES INC $100 D1236996/0 1F 12/12/2013 GOTTARDO PROPERTY LTD $185,000 D702935/0 1N 08/27/1997 GOODCHILD MINNIE A $0 /0 Building Information 566 L ct (Ddt/.MoI71 uw✓VLv�k,1� Building1 : Section 1 i, G�1G�� Cei �°�i'L.U�l 2U�1 r tt r 7 Year Built: b " Living Area: 0 Replacement Cost: $0 Building Percent Good: Replacement Cost Less Depreciation: $0 Building Attributes Field Description Building Photo Stye: Vacant Land 1;;;Building Photo Model (https://images.vgsi.com/photos2lYarmouthMAPhotos/ldefault.jpg) Grade: Stories: Occupancy Exterior Wall 1 Exterior Wall 2 Roof Structure: Roof Cover Interior Wall 1 Interior Wall 2 Building Layout Interior Fir 1 (ParcelSketch.ashx?pid=11507&bid=11964) Interior Fir 2 Building Sub-Areas(sq ft) Legend Heat Fuel Heat Type: No Data for Building Sub-Areas AC Type: Total Bedrooms: Total Bthrms: Total Half Baths: Total Xtra Fixtrs: Total Rooms: Bath Style: Kitchen Style: Num Kitchens Cndtn Num Park Fireplaces Fndtn Cndtn Basement Extra Features Extra Features Legend No Data for Extra Features Land Land Use Land Line Valuation Use Code 1300 Size(Acres) 0.44 Description RES ACLNOV MDL-00 Frontage 0 Zone Depth 0 Neighborhood 0050 Assessed Value $135,500 Alt Land Appr No Category Outbuildings Outbuildings Legend No Data for Outbuildings Valuation History Assessment Valuation Year Improvements Land Total f2023 $0 $135,500 $135,500 iI 2022 $0 $129,300 $129,300 2021 $0 $129,300 $129,300 (c)2022 Vision Government Solutions, Inc.All rights reserved. 141 HIGHBANK RD Location 141 HIGHBANK RD Mblu 80/106/// Acct# 11508 Owner MAIMARON CHRISTINE Assessment $489,700 PID 11508 Building Count 1 Current Value Assessment i Valuation Year Improvements Land Total 12023 — -- 1 $346,300 $143,400 $489,700 Owner of Record Owner MAIMARON CHRISTINE Sale Price $626,000 SULLO STEVEN ALBERT Certificate Care Of Book&Page C229695/0 Address 8 CEDAR MILL DR Sale Date 04/19/2022 ACUSHNET,MA 02743 Instrument 00 Qualified Q Ownership History f Ownership History `I Owner Sale Price Certificate Book&Page Instrument Sale Date IMAIMARON CHRISTINE $626,000 C229695/0 00 04/19/2022 HIGHBANK PROPERTIES INC $100 D1236996/0 1F 12/12/2013 I GOTTARDO PROPERTY LTD $185,000 0702935/0 UNKQ 08/27/1997 IGOODCHILD MINNIE A $0 /0 Future Owners j Ownership History Owner Sale Price Certificate Book&Page Instrument Sale Date MAIMARON CHRISTINE I $626,000 C229695/0 00 04/19/2022 Building Information Building 1 : Section 1 Year Built' 1970 Building Photo Living Area: 1,598 Replacement Cost: $459,502 •"'r / t Building Percent Good: 75 Fv X' � / , �r r ,+ + � t >F ` ' St4r� , Replacement Cost ''.--1*-`` -i1- 1 i � y t `I. , -'` • ` Less Depreciation: $344,600 �?> °fir f Building Attributes f kh .< ` °1 r c r e�r'.•-. i� .-34- qh Field Description ' ' � ` s S f r2 tj...- Al�'�r r - Style: Ranch ( ',i � - ,,.- Model Residential r - s ' Grade: Average �° -ter. _J�'" -• T ., Stories: 1 Story '" �^ `" (htlps://iiimag es.vgsi.com/photos2/Ya rmouthMAPhotos//10010 114 011 6.jpg) Exterior Wall 1 I Occupancy Wood Shingle Building Layout Exterior Wall 2 Roof Structure: Gable/Hip WOK to to Roof Cover Asph/F GIs/Cmp era s 14z 2 2 26 41 6 Interior Wall 1 Drywall/Sheet FOR 14 Interior Wall 2 • 22 20 Interior Fir 1 Hardwood 24 Interior FIr 2 14 27 4 FOP 1x 4 4 14 Heat Fuel Gas 4 16 Heat Type: Forced Air-Duc (ParcelSketch.ashx?pid=115088bid=11965) AC Type: Central Building Sub-Areas(sq ft) I gggnd Total Bedrooms: 3 Bedrooms Total Bthrms: 2 Code Description Gross Living Area Area Total Half Baths: 0 BAS First Floor 1,598 1,598 Total Xtra Fixtrs: FGR `Garage 336{ 0 Total Rooms: 6 FOP f Porch,Open,Finished 56{ 0 Bath Style: Average UBM Basement,Unfinished 1,570 0 140 0 Kitchen Style: Modern WDK Deck,Wood 3,700 Num00 Kitchens 1,598 Cndtn Num Park Fireplaces Fndtn Cndtn Basement Extra Features -- _ Extra Features Legend Code Size Value Description Bldg# FPL1 I FIREPLACE 1 ST 1.00 UNITS $1,700 1 Land Land Use Land Line Valuation Use Code 1010 Size(Acres) 0,72 Description SINGLE FAM MDL-01 Frontage 0 Zone Depth 0 Neighborhood 0050 Assessed Value $143,400 Alt Land Appr No Category Outbuildings Outbuildings Legend No Data for Outbuildings Valuation History Assessment Valuation Year Improvements Land Total 2023 $346,300 $143,400 $489,700 2022 $275,500 $137,000 $412,500 J 2021 $233,300 $137,000 $370,300 (c)2022 Vision Government Solutions, Inc.All rights reserved. - - - 66 Fain E-e Tr ri fe l� t �Cdtc of Zak. D36336`3y ' N O T N O T from Transfer Cettificatc Nog 01 , Originally Re,tisteted Noveikben 25, [1960 ,to ' Regbtratinn Book 199 0 L''pa c I A L (or the RegistrQDiStrlc'of hart tabi� An1P Y COPY . 25f; v5 ro Cert(fp that Charles K, Goodchild and Minnie A, Goodohild N O T husband and wife N O T of Old Greenwich O r C.Ynt�Ngf 1 B„aiz�field O Fgn S t or Coont�eotiout C 0 14,43.4, COPY C21,\\C1 II LED are the owner a in fee simple as tenants by the entirety of that certain parcel of land situate in Yarmouth in the County of Barnstable and Commonwealth of blassachusetu,bounded and described as follows: Southeasterly by Highbank Road, one hundred eighty-five (185) feet; 1v Southerly by the junction of said Road and Old Depot Road, k forty-eight and 14/100 (48.14) feet; Westerly by 01d Depot Road, one hundred twenty-four and 06/100 (124,06) feet; Northweaterly by a'portion of land now or formerly of John K. [ F Davenport at al, 4'ra, one hundred six and 35/l00 (106,35) feet; and • Northeasterly by Lot 101, one hundred eighteen (118) feet. All of said boundaries are determined by the Court to be ( I located as shown on subdivision plan 28477-0 (Sheet 1) dated February 1962 .. drawn by Gerald A. Mercer 6c Co., Inc, Civil Engineers, and filed in the Land Registration Office at Boston, a copy of which la filed in Barnatable County Registry of Deeds in Land Registration Book 199 P 1 th Certificate of Title No. 26051 and said land is shown thereon as LOT 100. There is appurtenant to said 10 t of way over the streets and ways as shown on said plan in common with others who are now or may hereafter be entitled thereto. Said lot in subject to the reatriotions set forth in Docu- ment No. 100,163 from which this Certificate is issued, There is specifically reserved to John K. Davenport et al, Trs. a right of way over so much of said lot as by implication of law lies within the limits of any way; reserving also to said Davenport the right to grant easements to public servce corporations for the installation and main- tenance of publio utilities in,, over, under and upon any private way, And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws,and that the title of said Charles E. Goodohild and Minnie A. Goodchild i to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chaptet, which mar be subsisting, and subject also so..- ea aforesaid, EDWARD MOPARTLIN, Associate Wataass, GIXIKCCOMX Esquire,Judge of the Land Court,at Barnstable,In said County of Barnstable, the fourth day of November in the year nineteen hundred and sixty-five ' , at 12 o'clock and -- minuterintlir- noon. Attest, with the Seal of said Court, l ';e"Lff,liadj- Assistant Recorder. 0 Land Court Case No.28477 • MEMORANDA OF ENCUMBRANCES ON THE LAND DESCRIBED IN THIS CERTIFICATE. .. 6 3 6 DOCOMENT KIND $UNHING IN FAVOR OF TERMS DATE OF DATE OF SIGNATURE OF NUMBER' REGISTRATION ASSISTANT RECORDER DISCHARGE -------- i MOMS e ..v lJo.� :;! ? i triz2, 441 • � . /41,411€-')/4-1,....Z. 1 f' Ll..../0C' l/ /�� i .�'^ /may• PRlh G.8 J t.PAYAHLES'�-:7'fl:7 — ! A 4.4TATED IN .l.w4.i. ,.G?u ,»--G3 .,a /3 l/�.` •ki. O O f ff , ��,7 ,�` ./;--/ sa hi. ' z z • y .a.G,'7 PLAN. .2.ev7)-�1 J { �! 01-1›O O ./0 iAQ12.leex.-. t` I..... tve-7..t .att MT6E-0Ot': •�, 7� . .. ..Ag,d,4-z4p �.7�//fO )h - • . . • f ,C, ,z~? IA ,�,_,z �$.,�0..q_1 �� 1 .-_ .. . - ......._1 l arm P./9�a 1 ...4.1.e., c,44:14e .. .19'- -g!_ :.III ,q . g r`-r'n.�'-- - �- - r . . r. .. ? r. , e,6:,i.,9,i_s_cd.T.,f.Z ___ • • • • " . ... * � 0.311°A cc,.,,.mac. ( `. `� y �� a_sjo:3" atia� Goa& & %-t-tso - la-�2 s- \ \ ��p�S ku,. , • o o : - , - . • i til C �1 XciP irk_\`°---._. .\c,.� .t q.-41, -\'ke-v. � . : I Qu-ia 01- =,-z )1da Z bn _ j . _ .._ lq 1 iiiyi t< .YC` _ NOT NOT , AN AN OFFICIAL OFFICIAL COPY COPY NOT NOT AN AN OFFICIAL OFFICIAL COPY COPY • i i stittttt Nunn nt i 1 (Quitclaim Brrb s aNDtvtoUAt_) 1 JOHNDAVENPORT�OREALTY 'rRUSTRT ET AL, � f - � k CHARLES E. GOODCHILD ET VX i _ � 5table Reg;Sty D gt • MAR 2!i 1965 RFCtIVtn fOR C(OISTRATI$ AT O-CtOC • - f" • i e, OKC/t1MCA1lW...: � � a-77 (y. .Abt•.5 I as o d X1 and minute nt. It Rctei'ed and (-Meted with • Dads Book rage ; I Attest: 1 t o Register 4, -• VRO11 TUE OFFICE OF •a. 1tli i wLLLI.M P. SWIM' o t Attorney at Law O Hyannis, Mass. Y I S-13,333 AN E 1 - RETURN TO "" • HOY,.&WARRCM.Inc. PMtl•tNt Ht 57AtiD1110 CUM{ro,Ms .1 710611071 . 717711 QUITCLAIM DEED tINDIVIDUAL>002 We, JOHN K. DAVENPORT and PALMER DAVENPORT, both of Dennis (West), in the County of Barnstable and Commonwealth of Massachusetts, TRUSTEES of the DAVENPORT REALTY TRUSTN 4hd'fr a Declaration of TrusBVd J e' June 9, 1956, recorded with BaAnt4able County Registry of DeAdty in Book 945, Page 7, asgape 'e�by Wstlru iet�t recorded As)o umgntCNcQ. A L 70387, Barnstable Re i tr5y C stttr P t� C P Y xrf: fa ithqua rnarfivr;for consideration paid,grant]100 C%ARLES E. GOODCHILD arid tl'INNgETA. 1 A N A N GOODCHILD, husband andcaife,p.al tp�anattA I/ the entir t)p; toq t i A' L 46 Tomac Avenue, Old Greenwich, Cbn cticut, COPY SSttLL., with gnifrlultu rnuctuattn the hod in Yarmouth (South), County of Barnstable, Commonwealth of Massachusetts, comprising two certain parcels bounded and described as follows: (Destriptica and cncumbnt>cci.it soy) NORTHWESTERLY by St. Andrews Way as shown on hereinafter mentioned plan, by two courses, a total distance of one hundred twenty-nine and 69/100 (L29.69) feet; NORTHEASTERLY by Lot 189 as shown on said plan, one hundred fourteen and 51/100 (114.51) feet; SOUTHEASTERLY by Lots 101 and 100 (L.C. Plan 28477D), as shown on said plan, two hundred twenty-one and 35/100 (221.35) feet; and WESTERLY by Baker's Path (formerly Old Depot Rd.) as shown on said plan, one hundred thirty-five and 49/100 (135.49) feet, and 27.19 feet, ; Being LOT 190 s shown on Land Court Subdivision Plan No.28477F, Sheet 1. SOUTHEASTERLY by Highbank Road as shown on hereinafter mentioned plan, one hundred fifteen (11S) feet; SOUTHWESTERLY by Lot 100 as shown on said plan, one hundred eighteen (118) feet; NORTHWESTERLY by land of John K. Davenport et al, Tustees, as shown on said plan, one hundred fifteen (115) feet; and NORTHEASTERLY by Lot 102 as shown on said plan, one hundred eighteen (118) feet. Bein LOT 101 s shown on Land Court Subdivision Plan No.28477D, Sheet 1. Together with a right of way. as appurtenant to said Lots 190 and 101 in common with others who are now or may hereafter be entitled thereto over the streets and ways as shown on said plans. Being a portion of the premises described in Certificate of Title No. 26051. The above described Lots 190 and 101 are conveyed subject to the following restrictions: (to which the grantees by the acceptance of this deed, agree to conform) • 1. No building or structure shall be erected, remodelled as to exterior thereof, or added to on said premises, until the plans have been approved by the grantors, their successors or assigns, or such other person as the grantors may from time to time appoint for this purpose. 2. No buildings of any kind shall be moved onto said premises unless the grantors shall consent thereto in writing. 3, No trade, business or activity shall be carried on upon the granted premices other than the practice of a profession by a doctor, { lndi�iduAl Joint'Emits—Tenn in Cotnnwn--Tcnints by thy Entirety.)`.l: . .(d i 9e) r,� ,.,- Y6'?7.:�' ,)<r •7'� 'Y/ �. r dentist, lawyer or accountant, except with the ex press p consent of the grantors thereto in writing. 4. The grantors reserve the right to modify or amend, t,igss,q,, restrictions in any manner iep m'Ay determine shall be oflbe fit • to the lot owners of all of the/lots as shown on said plans& N '_ OFFICIAL OFFICIAL 5. In the event the ownAr f ny lot or lots desir o1S e • the same, he, she, or they sh'll'ftrst offer said lot or-lots 'to'the '• Trustees of the Davenport Realty Trust at the same price for which they have received a bona ft4eCbfr'er. Failure to accept licA ogler within ten (10) days shall bepicggsidered a refusal to purchP1seNby the Trustees, This rvst-tisfiign LshailLAtto apply to1r uTidee al A L power of sale in any lfiott��ttg££ eb P Y copy The grantors specifically reserve a right of way over so much of said premises as by implication of law lies within the limits of any way; reserving also to the grantors the right to grant easements j '. ;.o public service corporations for the installation and maintenance of public utilities in, over, under and upon any private way. Subject to an Easement to Cape & Vineyard Electric Company et al, duly recorded with Barnstable Registry District. t nueeso��walltiofu�ssx±►!csErir�s .+I )i ? i{ f�� a . • • istrshmdugifc ob aklxganaak xoloataitbssaumemilaightuat K's" " ' • zadkautococolkomcstEads-nth�rcinto�ontsdbcsciu; a,?;5 )21/4 G l Uuruu our. .hands and scan this. da•of. 1965.. 1 .. h.. - .ae t.On port J Palmer Davenport TRUSTEES of DAVENPORT REALTY TRUST Goifinut}r ueglttl of ftiauutrcflnuetta N 0 T Barnstable, ss• O F F I C I A Tr 1C�&b4 I' C I19,5 L C 0 ' C O P Then personally appeared the above namedpalmer Davenport, Trustee as e,.i•••••n„a • aforesaid. N 0 T N .CS , • • 0 A N Ae ` ` �' j tT is O. E C I A d0 FF E Za (?.N1 `A • and acknowledged the foregoing ens run nt to l t1�s tree act and dee , beforedne4's • ' • trnsary Pvblk—jDp f RtF Ccnsrnissien Ea its. lY..Ccmrissigp_hprooe Eeta,.l;,l,9jq •1 • • • • (VIE FOLLOWING IS NOT A PART OF TIIE DEW,AND IS NOT TO DE RECORDED.) C1tAMER 133, SECTION 11, GENERAL Lsw • • A deed in substance following the form entitled "Quitclaim Dad" shall when duly executed has•c the force and • effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use, with covenants on the part of the grantor, for himself, his heirs,executors, administrators and successors. with the grantee,his heirs, successors and assigns, that at the time of the delivery of such deed the premises were free from all encumbrances nude by bins, and that he will, and his heirs, executors and administr.tors shall. warrant and defend the saanc to the grantee and his heirs and assigns forever against the lawfsd claims and demands of all persons claiming by,through or under the grantor,but against none other. • • • • Lon the - -jHl- •- - _ _ .._... I'}I t-}i ii61K , 2.90397 &PM t . 3G 34,E - e1 ood ti lid N O T ANC. trktie OFFICIAL 0 COPY10 go�Urr N 0 T (jo44ii a O F F I C• I A L 0 COPY 11$ I r ir�r, C•. • tii _. w : NO 10010011103ALIN O! 14AISsUguiaRris AN LAND COURT A N 0 F F lc ERMICarr 0,0 LICM CAsE m0.28477-"8 P Y COPY {seal NOT NOT Upon the p.t$t1pn of Robert Maxohali doodohild alleging that ltinni, t. ' . = 1 yae the guru reeia over in Certifies *doe t e O. 34698 and C r icate No. 36336, both issued fron i e egistry District of Barnstable County, and further alleging that said !Minnie A. Ooodohild held said property as a tart by the entirety with Charles N. Ooodehijd who died February 8, 1980, (See Document No. 286,91 and Document Mo. 286192. and further representing the death of said Minnie A. Qoodehild in Connecticut on fiber 8, 1980, and the allowonoe of her foreign will by the Probate Court for the County of ssrnstable. praca d pregs, ng is for a new Certificate of Title, after due • ORDERED* that both of said Certificate. of Title Ro. 4 • and! Zertificate e. 36336 be cancelled and as new Certi cate • for the land described therein be issued to Mobert Marthall Goodthild of Old Oreeauicti, Connecticut, ry LL_ * ORDERED! that in addition to any other matters ap» pan. _; . , said tcrtiticetet at Tit --sa. 34698 044 Cez .fissto .3 said new Certificate Shell state that the land de- scribed therein is� subject to the settlement M t of the ate of lie A. td11*i.d. • Ay the Gout. Attest Jeanne M. Maloney Deputy Recorder DAM* Deee0ber 22, 1981 s 195 Palsbar 1tiU Need, Old Greenwich, Connecticut 06870 • To be Registered with Oar • I. Affidavit of No More*. R TRUE COPY • A7TEST: A.1._y _e_ 2)7, c, DEPUTY RECORDER OOC:7O2,,935 O9-27-97 1U:58 CTF#:145602 NOT QUITcuotaa0191BLE LRHO COURT REGISTRY AN AN I, ROBERT MAITSHAIIL GQODCMlLD, of 1 H5IPalndr HilllR&adi Old Greenwich, Connecticut 06870, Di ibr3sideration of One HLhdreel Eighty-Five Thousand and 00/100 ($185,000.00) dollars paid, grant to GOTTARDO PROPERTY LTD. c/o Matthew C. Datiett Balmer and Dodge LLP, 1NBeicon Street, Boston, Mass- achusetts 02108, with QUITCLAIM COVENANTS,Ahcland together with the buildings therein,taitiiate on Xarmouth, Berristitbke eornty, Massachusetts, bounded and deseribecia *follows: COPY Southeasterly by Highbank Road, one hundred eighty-five (185) feet; Southerly by the junction of said Road and Old Depot Road, forty- eight and 14/100 (48.14) feet; Westerly by Old Depot Road, one hundred twenty-four and 06/100 (124.06) feet; Northwesterly by a portion of land now or formerly of John K. Davenport et al, Trs., one hundred six and 35/100 (106,35) feet; and Northeasterly by Lot 101, one hundred eighteen (118) feet. Said land is shown as LOT 100 on plan hereinafter mentioned. Southeasterly by Highbank Road, one hundred fifteen (115) feet; Southwesterly by Lot 100, one hundred eighteen (118) feet; Northwesterly by a portion of land now or formerly of John K. Davenport et al, Trs., one hundred fifteen (115) feet; and Northeasterly by Lot 102, one hundred eighteen (118) feet. Said land is shown as LOT 101 on said plan. All of said boundaries are determined by the Court to be located as shown on subdivision plan 28477-D (Sheet 1) dated February, 1962. drawn by Gerald A. Mercer & Co., Inc., Civil Engineers, and filed with the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 199 Page 111 with Certificate of Title No. 26051 and said land is shown thereon as LOTS 100 AND 101. Westerly by the middle line of Baker's Path (formerly Old Depot J' /o6 F /0 ) d V •) 1- N vf/r * . �' (3.€, /; oacoj, one hundred thirty-fi4 .9hc'49/100 (135.49) feet; ANorthwesterO AN F F oy 3t. Ar .irvws Way, &neshl ndral tk,viinfy-nine and 69/100 C 0 2/4.69) feet; COPY Northeasterly Nb9 Lit 189, one hundred foditeerit'and 51/100 (114.51) f'edi; and AN OFFICIAL OFFICIAL Southeasterly C t yto1;s 101 and 100 (plan$847P-ft, two hundred twenty- one and 35/100 (221.35) feet, All of said boundaries are determined by the Court to be located as shown on subdivision plan 28477-F (Sheet 1) dated September 1963, drawn by Gerald A. Mercer & Co., Inc., Surveyors, and filed in the Land Registration Office at Boston at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 199 Page 111 with Certificate of Title No. 26051 and said land is shown thereon as LOT 190. So much of said land, as is included within the limits of the Travelled Way approximately shown on said plan, is subject to the rights of all persons lawfully entitled thereto in and over the same. There is appurtenant to all of said land a right of way over the streets and ways as shown on said plans in common with others who are now or may hereafter be entitled thereto. Said land is subject to the restrictions set forth in Document Nos. 94,895 and 100,163. John K. Davenport et al, Trs. specifically reserve a right of way over so much of said land as by implication of law lies within the limits of any way; reserving also the right to grant easements to public service corporations for the installation and maintenance of public utilities in, over, under and upon any private way. Said land is subject to the rights granted in an easements given to the inhabitants of the Town of Yarmouth dated May 9, 1962 being Document No. 75,254. Said land is subject to the rights granted in two easements given to the Cape & Vineyard Electric Company other dated June 5a1 63 being DocumentberNo. 81,396.ng nt No. 76,540 and the Said land is subjea tti tTie rights granted in an VaArr ent given to the Cape & Vineyard Electric Cyr any et al dated January 2 , /11965 being Document TO, 93,872. OFFICIAL OFFICIAL COPY COPY For my title see Certificate of Title No. 87750. NOT NOT WITNESS my handPar11 seal this Z2 day of Mfg/gist, 1997. OFFICIAL WICIAL COPX 04 js Av3444,5_____ ROBERT MARSHALL GOODCHILD THE COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. August 2 a, 1997 The personally appeared the above named Robert Marshall Goodchild and acknowledged the foregoing instrument to be his free act and deed, before me <?:z441Put-e -L d--- e?(---411-._ -__69730.___ Howard C. Cahoon, Jr. Notary Public My Commission Expires: December 12, 1997 F-- c ,. . ca CAI w CO r- r- N- u, ro. r--t NI I% I% cz. 1-- ,=. i 1 40i i U V €5 PJ ;1. IN.1 CtRQE111-11;t0 ''N, E ' -,, Up 4 N'AC E+11) ,.;.., CO Q O u G M i 145 g: g 110 i g tARNSMBLE REGISIM OF DEEDS • Doc: 1 r 236 r 996 12-12--2013 1 : 1 3 BAR NNSTABLE LAND COURT REGXSTRY C%h& C ariv11Af?.wE'ctith Q c/ ackG6e° / 't'"i= N rJ ' ''` i�yc/ 1'ZP/ ' ,� '+,tt�^o`' A N N `� I1= 0 F F ctg✓`'i o � af4$i, rrti rcrtc/a�rvrel�r.02733 .,y Y t� COPY COPY William Francis Galvin Secretary of the Commonwealth N 0 T N O T A N December 4,2013 A N TO WHOM IT Ivi)AV CrOIiC RR:A L OFF ICIAL COPY COPY I hereby certify that according to the records in this office,Articles of Domestication were filed here April 12,2010,pursuant to Massachusetts General Laws, Chapter I56D,Section 9.22,whereby GOTTARDO PROPERTY LTD., a Turks and Caicos Islands Corporation converted into HIGHBANK PROPERTIES INC.,a Massachusetts Corporation and the surviving business entity, - 0 Ln 4 I..L H • v !�`� � In testimony ofvihich, K~"' 1 • I have hereunto affixed the t11 J{ ', la it _• 7 t L --Zit, Great Seal of the Commonwealth 4, r '1 on the date first above written. .�xJc{ Secretary of the Commonwealth Processed By tpg BARNSTABLE REGISTRY OF DEEDS • Doc: 1,457 ,022 04-19-2022 8 : 12 Ctf#: 229695 NOT N O T AN AN OFFICIAL OFFICIAL COPY COPY NOT NOT AN AN OFFICIAL OFFICIAL COPY COPY QUITCLAIM DEED 'Highbank Properties Inc. f/k/a Gottardo Property LTD.,of 141 Highbank Road,S. Yarmouth MA U2664,for consideration paid in the amount of$626,000.00, Grant to Christine Maimaron and Steven Albert Sullo,Husband and Wife,as Tenants by the Entirety,of8 Cedar Hilt-Drive�Actuhriet MA 02743,with quitclaim covenants all of its rights, title and interest in the land together with the buildings therein,situated in South Yarmouth, Barnstable County,Massachusetts,bounded and described as follows: ._.:,. s Southeasterly by Highbank Road,one hundred fifteen(115)feet; .11) Southwesterly by Lot 100,one hundred eighteen(118)feet; Northwesterly by a portion of land now or formerly of John K. Davenport et al,Trs.,one o hundred fifteen(115)feet;and v, tr z Northeasterly by Lot 102,one hundred eighteen(118) feet. All of said boundaries are determined by the Court to be located as shown on subdivision plan 0 28477-D(Sheet 1)dated February, 1962,drawn by Gerald A.Mercer&Co.,Inc.,Civil Engineers, .6 and filed with the Land Registration Office at Boston,a copy of which is filed in Barnstable County Registry of Deeds in Land Registration,Book 199 Page 111 with Certificate of Title No.26051 and said land is shown thereon Lot 101. ) • Westerly by the middle line of Baker's Path(formerly Old Depot Road),one hundred thirty-five and 49/100(135.49) feet; Northwesterly by St.Andrews Way,one hundred twenty-nine and 69/100(129.69)feet; Northeasterly by Lot 189,one hundred fourteen and 51/100 (114.51)feet;and MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY EXCISE TAX BARNSTABLE LAND COURT REGISTRY BARNSTABLE LAND COURT REGISTRY Date: 04-19-2022 $ 08:12am Date: 04-19-2022 $ 08:12am Ctl#: 49 Ct1#: 49 Fee: $2,140.92 Cons: $626,000.00 Fee: $1,915.56 Cons: $626,000.00 1V c.t Vc_ -O o trr Doc: 1, 457 , 02 04-19-2022 8 12 Page 2 of 3 NOT NOT AN AN f 6/ f /// J J4`''''/Iik OFFICIAL OFFICIAL COPY COPY NOT NOT AN AN OFFICIAL OFFICIAL COPY COPY Southeasterly by Lots 101 and 100(plan 28477-D),two hundred twenty-one and 35/100 (221.35)feet. All of said boundaries are determined by the Court to be located as shown on subdivision plan 28477-F(Sheet 1)dated September, 1963, drawn by Gerald A.Mercer& Co.,Inc., Surveyors,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 199.Page 111 with Certificate of Title No.26051 and said land is shown thereoifas Lot 190. So much of said land,as is included within the limits of the Travelled Way approximately shown on said plan,is subject to the rights of all persons lawfully entitled thereto in and over the same. There is appurtenant to all of said land a right of way over the streets and ways as shown on said plans in common with others who are now or may hereafter be entitled thereto. Said land is subject to the restrictions set forth in Document Nos.94,895 and 100,163. John K. Davenport et al,Trs.specifically reserve a right of way over so much of said land as by implication of law lies within the limits of any way;reserving also the right to grant easements to public service corporations for the installation and maintenance of public utilities in,over, under and upon any private way. Said land is subject to the rights granted in an easements given to the inhabitants of the Town of Yarmouth dated May 9, 1962 being Document No, 75,254. Said land is subject to the rights granted in two easements given to the Cape&Vineyard Electric Company et al: one dated August 8, 1962 being Document No. 76,540 and the other dated June 5, 1963 being Document No, 81,396. Said land is subject to the rights granted in an easement given to the Cape & Vineyard Electric Company et al dated January 27, 1965 being Document No.93,872. All rights of homestead and other interests are also released. This conveyance does not constitute a sale of all or substantially all of the assets of the Corporation For its title see Certificate of Title No. 145602. Doc: 1, 457 , 022 04-19-2022 8 : 12 Page 3 of 3 NOT NOT AN AN OFFICIAL OFFICIAL COPY COPY NOT NOT A N AN OFFICIAL OFFICIAL COPY COPY 41 WITNESS my hand and seal,this day of April, 2022 for Highbank Properties Inc. Alexan lack,President Grantor A x er ek,Treasurer Grantor Commonwealth of Massachusetts lb" 41- ,SS. On the /<day of April,2022,before me,the undersigned notary public,personally appeared Alexander Black,proved to me through satisfactory evidence of identification which was hif'i 0 /9 G{c�`� ,to be the person whose name is signed on the preceding document,and that he signed it voluntarily for its stated purpose. Notary Public: -Fa_ > 04-1A./ My Commission Expires: /(67"Ve.., NEIL. J BERMAN Notary Publld 1 titoortrfft )�� • My C mmGsionn March 16, 2023 JOHN F. MEADE, ASSISTANT RECORDER BARNSTABLE REGISTRY LAND COURT DISTRICT RECEIVED b RECORDED ELECTRONICALLY • re...t.crss.411I14MITTS 2l.'- / —/9% _ /// \ NAONT NA6�1 47 7 � OFFICIAL• O F F I CS/,1'cE CTI,/. `) SUBDcIIxow PVAII 01? LARD In YARMOUT'IC 0 P Y Gerald AN I&02r & Co., Inc., Stir vayorp1 0 T o A gd}u,a em er 1.963 A N Q '�`�----,— F F I c J A L OFFICIAL eA COUn/; -R PY COPY b5 4.. 4t. 11 d1• is P (Iq {cvl,,,244770 0 ? 1, `N, l prof J US . n //8 ` - - 1 /G. r r e„z Leos, n 1, c n Z. P/any 234774 • `.,` VII N0 Z:r aa'4a'onV as°'nnr OQUIyp v no.OQ a rasl4.es A - _ e ?d.. : 9/pE�to J , - JI.-J,Af•� to A.'" O't ' R • //5 ',T.ei4f4 f., E• I. �'''-- it CL� • to s to Jo'O0, b` t.6 • 1V.. t8477603 4� ;. ; o�'s gM 16, //o.00 1l6 N 4 -00:;.,--- B4 7 }' A Ce,t. 26051 h � N O S 4/�06"OO L ° E /�'L� t `%O 00 \�{ / �i� 0 /IO.OQ !3'4,+aa'ar< //A ° //0.00 • i.e.. 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Pt s}� ' R;,VI_R Ili fkO° '�. *EST LINE E5T IOC �/ Max 300 BK�I .l / il//h/h - N R - 40 / . .SA'T ( • S,a s POkD 00 Ad Si. `eD 0111,1 y.) i�i oti t,,•-4 .•-re f k r4[ R-40 g. / �; ;�; , . #. . e, .:41t poo Ill r� _ ti .: tv;+ '..•.:r-..., • n * 4 111 ■ REPURPOSE CONSTRUCTION LLC X Insured Agent Sub-Broker X Paperless C L Hollis Insurance Agncy Inc REPURPOSE CONSTRUCTION LLC 140 Marion Road P O BOX 332 Wareham, MA 02571 BUZZARDS BAY, MA 02532 01822-002 AWC-400-7036215-2022A Renewal Issuance Effective Date: 02/17/2022 C L Hollis Insurance Agncy Inc 140 Marion Road Wareham, MA 02571 ■ ■ A.I.M.Mutual Insurance Company Massachusetts Employers Insurance Company AI.M. Mutual New Hampshire Employers Insurance Company Associated Employers Insurance Company Insurance Companies since 1989 02/04/2022 C L Hollis Insurance Agncy Inc 140 Marion Road Wareham, MA 02571 Insured: REPURPOSE CONSTRUCTION LLC Re: Workers Compensation Insurance Policy AWC-400-7036215-2022 Enclosed is workers compensation policy #AWC-400-7036215-2022A for REPURPOSE CONSTRUCTION LLC, effective 02/17/2022. Please note that this policy is also available online at www.aimmutual.com via our ServicesOnline Web Portal. As always we appreciate your business and please do not hesitate to contact your customer service representative if you have any questions. Sincerely, Daniel A. Landers Vice President of Sales & Marketing 54 Third Avenue • P.O. Box 4070 • Burlington, MA 01803-0970 •Tel:781.221.1600/800.876.2765 • Fax:781.270.5599 WORKERS'COMPENSATION FOR EMPLOYERS THROUGHOUT NEW ENGLAND sponsored by Associated Industries of Massachusetts XIS BROKERS Binder Summary Insured: Repurposed Construction LLC Coverage: Brokerage-Commercial General Effective: 11/22/2021 Liability Policy Premium: $15,000.00 Carrier Program Fee $250.00 Policy Fee $250.00 Surplus Lines Tax $600.00 TRIPRA APPLIES Estimated Total Premium, Taxes and Fees: $16,568.00 Agency Commission: 10% Please provide the following outstanding item(s) to complete our file: Note: - Payment due XS Brokers within 20 days of binding. -If financing through XS Brokers,signed agreement&deposit is due within five(5)days of binding. -Fees listed above may differ from the attached terms.The above is the total amount due XS Brokers. -Min&Deposit: as per the attached carrier terms -Minimum Earned Premium: 25%or as per the attached carrier terms(whichever is greater) FAILURE TO COMPLY WITH ABOVE COULD RESULT IN CANCELLATION BY THE COMPANY AS A REMINDER,you are not authorized to issue certificates that add/modify language in any way without XS Brokers prior approval; except when the certificate holder is automatically considered an additional insured under the policy form.XS Brokers must be notified prior to adding any certificate holder as an"additional insured",so that the proper endorsement can be issued. Underwriter/Broker: Account Exec: Claim Reporting: Sean McVicker Chris Alicea claims(a�xsbrokers.com 617-890-4277 617-471-7171 smcvicker@xsbrokers.com chalicea@xsbrokers.com Issued: November 22, 2021 Fiercely Committed. Proudly Independent I www xsbrokers_com Brokerage casualty binder This is to confirm that Evanston Insurance Company, a Surplus Lines Company is binding coverage as described below: General information Coverage: Occurrence —general liability Date: 11/22/2021 Policy number: MKLV1PBC002159 Producer: XS Brokers Insurance Agency, Inc. Attention: Jennifer Izzo Billing company: Markel Service, Incorporated Issuing company: Evanston Insurance Company, a Surplus Name insured: Repurpose Construction, Lines Company LLC Effective date: 11/22/2021 Expiration date: 11/22/2022 Policy fee: $250 Binder details GL Limits of liability $1,000,000 Each occurrence limit $2,000,000 General aggregate limit $2,000,000 Products/completed operations aggregate limit $1,000,000 Personal / advertising injury $100,000 Damage to premises rented to you limit Excluded Medical expense limit Deductibles $5,000 BI/PD and P&A Per Occurrence Classification Exposure Rating basis Rate Premium 91580 — Contractors - executive supervisors or executive $3,500,000 Gross Sales $4.00 $15,000 superintendents MARKEL I Markel Northeast Region,a division of Markel Service,Incorporated 310 Highway 35 South Red Bank,NJ 07701 1 Premium $15,000 Term premium $450 Terrorism premium (optional) —see the attached terrorism disclosure $250 Policy fee $15,700 Total due Plus any fees and/or taxes outlined on the XSB Binder Summary 25% minimum earned premium I 100% minimum and 100% deposit TRIA: The Terrorism Risk Insurance Act, as amended, requires insurance companies to offer limited terrorism coverage. TRIA coverage will cost 3% of the above liability premium, subject to a $150 minimum. If purchased, the CG 21 73 01 15 exclusion of certified acts of terrorism will be removed from your policy and the CG 21 70 01 15 cap on losses from certified acts of terrorism will be added. Conditions 1. The broker is responsible for all surplus lines filings and taxes. 2. This binder was subject to the underwriter's receipt, review and acceptance of the contingencies previously provided on the quotation. Those items are due within 10 days of bind. Notice of cancellation will be issued on day 10 if not received. 3. The Billing Company will be Markel Service, Incorporated Subjectivities Quote is subject to receipt, review, and acceptance of the following by an underwriter of Evanston Insurance Company, a Surplus Lines Company, prior to binding coverage unless otherwise stated. 1. Completed home state and surplus lines tax payer letter Coverage forms and endorsements MJIL 1000 08 10 Policy Jacket MPIL 1007 01 20 Privacy Notice MPIL 1041 02 20 How To Report A Claim MPIL 1083 04 15 US Treasury Dept's Office Of Foreign Assets Control ("OFAC") Notice MDIL 1000 08 11 Common Policy Declaration MDIL 1001 08 11 Forms Schedule IL 00 21 09 08 Nuclear Energy Liability Exclusion Endorsement GD MEIL 1231 10 13 Minimum Earned Premium And Minimum Retained Premium Minimum Earned Premium Percentage: 25% Minimum Retained Premium Percentage: 100% MEIL 1309 11 13 Non-Stacking of Limits of Insurance MDGL 1008 08 11 BC Commercial General Liability Coverage Part Declarations CG 00 01 04 13 Commercial General Liability Coverage Form CG 20 01 04 13 Primary& Noncontributory - Other Ins Condition CG 20 10 04 13 Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization MARKEL I Markel Northeast Region,a division of Markel Service,Incorporated '; 310 Highway 35 South Red Bank,NJ 07701 2 • Name Of Additional Insured Person(s)Or Organization(s):As required by written contract executed by both parties prior to loss Location(s)Of Covered Operations:All locations CG 20 37 04 13 Addl Insured-Owners, Lessees/Contractors Compl Ops Name Of Additional Insured Person(s)Or Organization(s): As required by written contract executed by both parties prior to loss Location And Description Of Completed Operations:All locations CG 21 35 10 01 Exclusion - Coverage C - Med Pay CG 21 36 03 05 Exclusion - New Entities CG 21 47 12 07 Employment Related Practices Exclusion CG 21 49 09 99 Total Pollution Exclusion Endorsement CG 21 70 01 15 Cap on Losses From Certified Acts of Terrorism CG 21 86 12 04 Exclusion - Exterior Insulation and Finish Systems CG 21 96 03 05 Silica Or Silica-Related Dust Exclusion CG 22 79 04 13 Exclusion - Contractors - Professional Liability IL 00 17 11 98 Common Policy Conditions ESX ME 037 04 99 Composite Rate Endorsement Rate: 4.00 Rate Base: 1,000 Premium Basis: Gross Sales MEGL 0008 04 20 Exclusion - Continuous Or Progressive Injury or Damage MEGL 0026 05 16 Exclusion - Breach of Contract MEGL 0048 06 18 Deductible Endorsement MEGL 0170 05 16 Premium Basis MEGL 0241-01 05 16 Blanket Waiver of Transfer of Rights Against Other MEGL 0313 02 17 Construction Project(s) Gen Aggregate Limit Maximum Annual Limit Of Insurance: $5,000,000 MEGL 1349 05 17 Excl-Common Interest Dwelling/Residence Conversion MEGL 1361 05 16 Exclusion -Tainted Drywall/Gypsum Containing Bld MEGL 1623 08 17 Exclusion - Named Insured Versus Named Insured MEGL 1625 11 13 Exclusion - Specified States Specified States: Colorado, New York MEGL 1849 08 14 Contractual Risk Deductible Liability Insurance Deductible with Contractual Risk Transfer: Policy deductible applies Deductible without Contractual Risk Transfer: $25,000 All Other Deductible: Policy deductible applies MEGL 1884 10 15 Amended Limits of Insurance MEGL 1895 12 19 Contractor's Advantage Enhancement Minimum Term Premium Percentage: 100% Waived Percentage: 5% MEGL 2322 05 21 Exclusion - Communicable Disease MEGL 5300 05 16 Exclusion-Organic Pathogen And Legionellae MEGL 5302 05 16 Exclusion - Asbestos MEGL 5303 05 16 Exclusion - Lead MEIL 1200 02 20 Service of Suit MEIL 1225 10 11 Changes - Civil Union MGL 1319 01 16 Exclusion - Unmanned Aircraft MGL 1356 10 20 Exclusion - Cyber Incident, Data Compromise, And Violation Of Statutes Related To Personal Data MARKEL I Markel Northeast Region,a division of Markel Service,Incorporated 310 Highway 35 South Red Bank,NJ 07701 3 MIL 1214 09 17 Trade Or Economic Sanctions Issuing Certificates of Insurance: Please note that any Certificate of Insurance issued for the captioned policy should include the policy period, limit(s) and deductible(s). If coverage is claims made it should be so stated. Issuing Binders:While we understand that you may present our terms in your own format, please be aware that our binder and policy supersede any other evidence of coverage that may be presented to the insured. MARKEL Markel Northeast Region,a division of Markel Service,Incorporated 310 Highway 35 South Red Bank,NJ 07701 4