HomeMy WebLinkAboutReyburn Letter to ZBA 03.16.23STONE & REID
ATTORNEYS AT LAW
A "to"
SSIONAl. i%-SS0ClXl10N
R SOUTH YAMOUTH PROFESSIONAL BUILDING
1292 ROUTE 28 SOUTH YARMOUTH, MA 02664-4452
TEL (508) 394-5648 FAX (508) 398-1699
DANAD S. RLID, ESQ.
DSReid@Verizon.net
Yarmouth Zoning Board of Appeals
1146 Route 28
South Yarmouth MA 02664
RE: Ekaterina & Family LLC, et al
#5007
MIavw--r. F. S•roNl , ESQ.
MFStoncEsq@cornr-ast.net
March 16, 2023
Dear Chairman DeYoung and Board members,
RECEIVED
E
R 16 2023
YARMOUTH
BOARD OF APPEALS
The above referenced application is scheduled for hearing before your Board
on March 23, 2023. I represent the closest residential abutter, Nancy C. Reyburn,
of 27 & 28 Bryar Lane, South Yarmouth. We intend to speak at your hearing and
present evidence and arguments in opposition to the merits of this application,
which seeks a special permit under the ROAD bylaw, section 411. However, I also
need to bring to your attention a legal issue which pertains to the applicants'
eligibility to have even applied to your board for the relief that they seek.
The ROAD Bylaw provides a mechanism for development and
redevelopment of certain properties in Town, whereby certain incentives can be
offered in exchange for the submission of the project to additional standards for
architectural and plan review. The process requires two distinct steps. First, the
applicant must submit its project to review by the Planning Board, under the
standards set forth in bylaw section 411.5. In order to be able to proceed to the
second stage (consideration by the ZBA) their "plan must be approved by a
majority of the Planning Board membership." (section 411.6). Only upon receipt of
such a valid positive vote by the Planning Board may the applicant then file with
the ZBA, seeking a single special permit, in lieu of the particular relief that would
otherwise be needed under the zoning for the underlying district. (section 411.3.2)
' Each Attorney in this office is an independent practitioner
who is not responsible for the practice or liabilities of any
other attorney in the office_ Rule 7.5 (d)
The applicant before this Board has undergone the first stage of review by
the Planning Board, and has presented to you a decision from that Board,
purporting to have granted the necessary approval, by a vote of 4 members in favor
and 3 opposed to the project. It is our contention that one of the "members" of the
Planning Board who cast his vote in favor of the project was in fact not eligible to
vote on the matter, making the actual vote 3 in favor and 3 opposed. As a result, the
action of the Board did not result in a favorable vote of approval by the "majority of
the Planning Board membership". Therefore, the applicant is not eligible to file its
application to this Board and this Board does not have the authority to consider its
application at this time.
To address this issue, we have filed an appeal from the Planning Board's
decision, pursuant to General Laws c. 40A section 8 and 15. That appeal is pending
before you, as petition #5011, scheduled for hearing on April 13, 2023. One of the
specific threshold criteria for your determination in order to be able to grant any
relief to this applicant is that the applicant has received "approval of the Planning
Board pursuant to section 411.5" ( see: your mandatory criteria at section
411.3.2(5)). Since this hearing on the applicants' special permit application is
scheduled to occur before the hearing on our appeal, we must either ask that you
postpone this hearing until after our appeal is resolved, or we must present the
argument against the Planning Board's decision at this time.
The Planning Board's Decision:
On January 18, 2023, the Planning Board heard the applicants' request for its
approval of their ROAD project. After a lengthy hearing, a motion was made to
grant the requested approval. As indicated in the decision, Joanne Crowley, Brad
Goodwin, Ken Smith, and Chris Vincent voted in favor of the motion, while Susan
Brita, Jim Saben and Will Rubenstein voted against the motion. However, it was
later learned by us that Mr. Brad Goodwin was not in fact a valid member of the
Planning Board at that time. We have come to learn that Mr. Goodwin had moved
his residence out of the Town of Yarmouth, and established his residence in the
Town of Sandwich, some time prior to 2005. Attached are several documents,
including a Declaration of Homestead, dated April 8, 2005, wherein Mr. Goodwin
declared that he resided at 24 Luscombe Lane, Sandwich MA. The property at 24
Luscombe Lane was acquired by Mr. Goodwin in 2003 (Sandwich assessors' card
attached). After placing the property into a trust, Mr. Goodwin again recorded a
Declaration of Homestead, declaring "under the penalties of perjury" on October
21, 2021, that he occupied the Luscombe Lane property as this principal residence.
• Each Attorney in this office is an independent practitioner
who is not responsible for tl:e practice or liabilities of any
other attorney in the off ice. Rule 7.5 (d)
Residency within the Town is a requirement for eligibility to serve on the
Planning Board:
- The Town of Yarmouth Board, Committee and Commissions Handbook,
"Qualifications for appointment" provides that "All Yarmouth residents
registered to vote in Yarmouth are qualified to apply for membership on any
committee.") .
- The establishment of a Planning Board is governed by General Laws c. 41
section 81 A and the appointment of its members is governed by the
procedures of c. 41 section 11, which requires, among other things, that any
person appointed to serve on the Board "shall be a registered voter in the
town".
- The law setting forth the qualifications of being a registered voter in a Town
include that you be a resident in that same town. (General Laws c. 51 section
1, 3). "The word `resided' and `inhabitant' in constitutional and statutory
provisions relating to voting have long been construed to require that the
voter have his `domicil' in the appropriate city or town." Hershkoff v. Bd. Of
Registrars, 366 Mass. 570 (1974).
- Since Mr. Goodwin had not been a resident of Yarmouth for more than 18
years before his vote in this matter, he was not a lawful resident registered
voter at the time and not a lawful member of the Board on January 18, 2023.
- General Laws Chapter 41 section 109 provides, in part, that whenever one is
required by law to be a resident of the town in order to hold an appointed
office, if he "removes from the town ... in which he holds his office, he shall
be deemed to have vacated his office." Mr. Goodwin therefore ceased to be
a lawful member of the board when he moved to Sandwich, and there existed
an automatic vacancy on the board at and since that time.
Mr. Goodwin has now submitted his "resignation" from the Planning Board,
but we submit that this was a mere formality. His choice to move his residence out
of Yarmouth, more than 18 years ago, resulted in surrender of that position and an
immediate vacancy of his office. As such, he was not eligible to vote in this matter
on January 18, 2023. Therefore the effective vote on this matter, now before you,
was 3 to 3, and a tie vote is not an approval by the "majority" of the membership of
the Planning Board.
For all the foregoing reasons, we contend that the applicant before you did
not receive the necessary approval of the Planning Board and therefore their
application to you is premature. This application 45007 should therefore be denied,
as procedurally defective not having been preceded by the required successful
completion of the first stage of the ROAD bylaw review process.
• Each Attorney in this office is an independent practitioner
who is not responsible for the practice or liabilities or any
other attorney in the oMce. Rule 7.5 (d)
Encl (5)
Respe tfully submitted,
David S. Reid _
• Each Attorney in this office is an independent practitioner
who is not responsible for Ilse practice or liabilities of any
other attorney in 111e office. Rule 7.5 (d)
B. a plan to protect adjacent or neighboring properties against noise, glare,
unsightliness, or other objectionable features, and;
C. evidence that the adult entertainment establishment will not generate excessive
noise, or other objectionable characteristics off the premises, so as to create a
disturbance and nuisance to adjacent or other neighboring properties.
5. No pictures, publications, videotapes, movies, covers, or other implements, items, or
advertising that fall within the definition of Adult Entertainment Enterprise merchandise
or are erotic, prurient, or related to sadism, or sexual exploitation shall be displayed in
the windows of, or on the building of any Adult Entertainment Enterprise, or be visible to
the public from pedestrian sidewalks or walkways or from other areas, public or semi-
public, outside of such establishment.
6. A Special Permit issued under this section shall lapse upon any transfer of ownership or
legal interest or change in contractual interest in the subject premises or property. The
Special Permit may be renewed thereafter only in accordance with the procedures
outlined in section 410.2.
7. Special Permits issued hereunder shall lapse unless substantial use thereof is made
within six (6) months of being granted, exclusive of the time, if any, consumed during
any appeals pursuant to M.G.L. ch. 40A, sect. 17, except for good cause shown. Any
application for an extension of this period shall be filed prior to the lapse of the Special
Permit.
8. As provided in M.G.L., chapter 40A, section 9A, any pre-existing Adult Entertainment
Enterprise shall, within 90 days of the final approval of this bylaw, or any subsequent
amendment hereof, apply for and secure any Special Permits which would be required
hereunder. Any such Adult Entertainment Enterprise which does not secure such
permits shall be considered to be in violation of this bylaw.
9. All other applicable provisions of the Yarmouth Zoning Bylaw shall also apply.
411 REVITALIZATION OVERLAY ARCHITECTURAL DISTRICT
411.1 Goals & Purposes.
411.1,1 The Town of Yarmouth is an historic seaside village. Many of the attributes
associated with Old Cape Cod have been overlooked in the course of developing the town's
business zones. Any rehabilitation and/or development of existing business properties should
be consistent with the preservation and enhancement of the community's innate charm and
beauty.
The intent of this ROAD is to provide a carefully controlled mechanism that promotes business
opportunities through the use and reuse of business properties while preserving and
enhancing the ambiance of our historic community.
-,
411.1.2 Development incentives, such as compact land uses, different parking requirements,
mixed uses, and adjusted lot dimensional requirements may be desirable to encourage
commercial and business owners and developers to upgrade the quality of their sites and
buildings and proposed developments, but such land uses should require owners and/or
developers to submit to a high standard of site and building architectural review. This process
promotes quality development and redevelopment, that reflects Yarmouth's seaside location,
historic background, and natural environment. All development under this section shall be
consistent with the Yarmouth Architectural and Site Design Standards, as established by the
Yarmouth Planning Board. Substantial adherence, as determined by the Planning Board, to
the Yarmouth Architectural and Site Design Standards shall be compulsory.
411.2 Objectives. The objectives of this section are:
to respect and accomplish the intent and purposes of the Yarmouth Zoning Bylaw
underlying this ROAD District;
2. to encourage the development and redevelopment of sites and buildings within
commercial districts through the incentive of zoning flexibility. If new development is
proposed on a site where existing building(s) are to remain, then no approval shall be
granted unless the existing building(s) and the entire site are redeveloped and
revitalized to meet the criteria of the Yarmouth Architectural and Site Design Standards:
3. to require, in exchange for said flexibility, submission to design standard review so as to
further encourage variety and choice within commercial and business development, to
further encourage mixed commercial, business and residential uses, to stimulate
economic development and, to further encourage the construction of projects with
Historic, Seaside, Village, Colonial, and/or Old Cape Cod style themes and designs,
while preserving and protecting Yarmouth's natural environment and aesthetic values.
411.3 Applicability. The district shall be superimposed over that property or lots which are
within the B1, B2, or B3 zoning districts south of Route 6. Projects developing or redeveloping
under Section 414, VCOD, shall not be permitted to submit a proposal under the Revitalization
Overly Architectural District.
411.3.1 Voluntary Submission. Submission to this ROAD zoning district shall be voluntary.
Any applicant for a development permit, as contemplated by this zoning bylaw, for property on
lot(s) located within this ROAD district may choose to voluntarily submit a ROAD proposal, for
a development or redevelopment project, rather than to the requirements of the 131, B2 or B3
zoning districts.
411.3.2 ROAD District Development Special Permit. The Board of Appeals, by Special
Permit, may grant ROAD District Development Special Permit approval, with or without
conditions, and within said Special Permit, the Board of Appeals may waive any portion of
these zoning bylaw sections: 202, 203, 301, 303, 402, and 407 (except as set forth in section
411.3.3 hereof) if an applicant:
1. submits in accordance with this ROAD district section;
2. meets the criteria for the grant of a Special Permit as set forth in section 103.2;
IN
3. completes the process of site plan review, if applicable, as set forth in section 103.3;
4. meets the criteria for approval pursuant to section 411.5, and;
5. receives approval of the Planning Board pursuant to section 411.6.
411.3.3 Waiver Limitations. The following portions of sections 202 and 203 shall not be
waived by the Board of Appeals by Special Permit granted pursuant to this section, (except by
Variance):
1. section 202.5 Use Regulation Table:
A7. Hotel and motel shall not be applicable to the provisions of this Bylaw section.
A8. Mobile home use being "no" in all districts shall not be waived;
A9. Mobile home park use being "no" in all districts shall not be waived;
Al2. Multi -family shall not be applicable to the provisions of this Bylaw section for any
project in the B3 Business Zone. In the B1 and B2 Business Zones, only mixed -
use projects shall be allowed where the residential component is not more than
50% of a project's total building floor area.
Footnote #8. Provided that all but minor work and storage shall be conducted within a
building sufficiently sound -insulated to confine disturbing noise to the premises;
Footnote #9. Provided that such use is not hazardous by reason of potential fire,
explosion radiation nor injurious or detrimental to the neighborhood by reason of dust,
odor, fumes, noise, vibration, or other noxious objectionable features, nor harmful to
surface or ground water, and;
Footnote #16. Subject to the provisions of section 406, Aquifer Protection Overlay
District.
2. section 203.4.1 Building height, shall not be waived.
411.3.4 Permit Modification and Enforcement. Once granted hereunder, a ROAD District
Development Special Permit or Special Permit with conditions may not be modified without
further grant of a Special Permit, including prior approval by the Planning Board pursuant to
section 411.6. Planning Board approval of a proposed modification shall not be necessary if
the Site Plan Review Team unanimously determines that there is no substantial architectural
change. Any ROAD District Development Special Permit and any conditions imposed
therewith shall be strictly enforced by the Building Commissioner pursuant to section 101.
411.4 General Application Procedures.
411.4.1 Application. Applicants for an approval under this section shall submit to the Planning
Board the following:
1. completed application;
2. eleven (11) copies of the development plan (which shall be distributed as follows: one
(1) to the Town Clerk, seven (7) to the Planning Board, one (1) to the Planning
Department, one (1) to the Community and Economic Development Committee and one
(1) to the Design Review Committee, and;
3. a site plan review report
411.4.2 ROAD District Development Plan. The overall development plans for any
development under this section shall include:
1. all information required for a site plan review, as outlined in bylaw section 103.3.4;
2. a landscape plan;
3. a sign design plan;
4. a statement, by the applicant, of economic and other benefits to the town;
5. an abutters list, and;
6. the application fee in an amount set by the Planning Board.
411.5 Criteria for approval. The Planning Board when considering approval of a ROAD
District Development Plan and the Board of Appeals when considering a petition for a Special
Permit for a ROAD District Development Plan shall consider the following criteria, standards,
objectives and recommendations:
1. General Criteria. All proposals shall be reviewed according to the following general
criteria. These criteria are evaluated under the discretion of the Planning Board, and a
proposal need not necessarily satisfy all criteria in order to receive the approval of any
of the reviewing boards or authorities.
A. site plan review objectives pursuant to section 103.3.1;
B. the criteria, standards and objectives of design review pursuant to section 103.3.3.1;
C. the goals, purpose and objectives of this section 411,
D. the economic benefits of the proposed development;
E. the recommendations of the Site Plan Review team and the Community and
Economic Development Committee;
F. supplementary ROAD District standards:
91
(1.) architectural styles. Site, elevation, landscape, and sign plans (plans shall be
drawn in the context of one (or a mixture of) the following styles: Historic,
Seaside Village, Colonial, and/or Old Cape Cod (style) which shall have their
common and ordinary meaning. Portions of the overall plans may include
contemporary design where necessary for public health and safety or to
eliminate architectural barriers;
(2.) design. Plans shall be evaluated in the context of the findings, objectives and
criteria set forth in this section 411;
(3.) intrinsic or reproduction style value and significance;
(4.) aesthetic and/or artistic quality of the style;
(5.) balance and mixture within the general style design of factors to include, but
not limited to:
a. relative size and setting;
b. color;
c. material, and;
d. arrangement;
(6.) respect for the need to balance economic well being and stability, economic
growth, and employment with protection of the natural environment.
(7.) balance. The benefits of the ROAD District development plan shall outweigh
its detriments. Further, the benefits of any deviation or relief from the
underlying zoning bylaw shall outweigh any detriments as determined by the
Planning Board.
2. Mandatory Criteria: In order to grant a Special Permit hereunder the Board of Appeals
must find that the ROAD District Development as proposed satisfies the following
criteria:
A. those criteria as set forth for the grant of a Special Permit pursuant to section 103;
B. that the goals, purpose and objectives of the ROAD district bylaw will be
accomplished,
C. that the project as a whole substantially accomplishes the purposes of the
underlying zoning bylaw;
D. that the benefits to the neighborhood, district and Town from the ROAD District
development's approval under this bylaw section 411 outweigh the effects of any
deviation or relief from the requirements of the underlying zoning bylaw, and;
E. the architectural and site designs of the proposed development plan is as previously
approved by the Planning Board, pursuant to 411.6.
92
411.6 Decision of the Planning Board. The Planning Board shall consider the application for
approval of a ROAD District Development Plan and grant its approval or disapproval after a
duly advertised public meeting of the Planning Board within forty five (45) days of the filing of
the application and plan with the Town Clerk and the Planning Board. The plan must be
approved by a majority of the Planning Board membership. In no case may the Planning
Board approve a plan with less than 3 affirmative votes. If the Planning Board fails to grant
approval or render disapproval of the application and plan within said forty five (45) day period
the application and plan shall be deemed disapproved without prejudice. Said requirement of
approval or disapproval within forty five (45) days of filing with the Town Clerk and the
Planning Board, may be extended by written agreement between the Planning Board and the
applicant. If the Planning Board disapproves an application, it is incumbent on the applicant to
either resubmit a revised ROAD application for approval, or proceed by complying with the
Yarmouth Zoning Bylaws. Only after approval by the Planning Board of a ROAD District
Development Plan (said approval to be noted by the applicant as an endorsement on said
development plan) may the applicant file for a ROAD District Development Special Permit with
the Board of Appeals pursuant to section 411.5 and section 103.2.
412 AFFORDABLE HOUSING
412.1 Affordable Housin
412.1.1 Purpose. The purpose of this bylaw is to increase the supply of housing that is
available and permanently affordable to low or moderate income households.
It is intended that the affordable housing units created under this bylaw qualify as low or
moderate income units for purposes of M.G.L. ch. 40B, sec. 20-23 and shall be in compliance
with 760 CMR 56.00 the Local Initiative Program (LIP) and meet the guidelines and standards
promulgated thereunder by the Department of Housing and Community Development (DHCD)
for inclusion in the DHCD Ch 40B Subsidized Housing Inventory as Local Action Units.
Nothing in this bylaw shall preclude a developer from providing more affordable housing units
than required hereunder.
412.1.2 Applicability. This bylaw section is applicable to affordable housing units created in
accordance with Bylaw sections 404 Motels, 414 Village Centers Overlay District, 412.2
Inclusionary Zoning, 412.5 Affordable Lots or by a Special Permit Granting Authority. This
bylaw does not apply to affordable dwelling units created with a Comprehensive Permit.
412.1.3. Preservation of Affordability & Restrictions. Each affordable housing unit shall be
subject to an encumbrance such as an affordable housing restriction and/or regulatory
agreement as defined by M.G.L., ch. 184, sec. 31 and as approved by the Town which shall
ensure that the affordable housing shall be affordable in perpetuity. The affordable housing
restriction and/or a regulatory agreement shall be, recorded at the Barnstable County Registry
of Deeds and shall be in force in perpetuity, or for the maximum period of time allowed by law,
so as to be binding on and enforceable against any person claiming an interest in the property
and shall conform to the following:
The affordable housing restriction shall meet the requirements of the Local Initiative
Program (LIP), 760 CMR 56.00 Local Initiative Program (LIP) and guidelines
93
Town of Yarmouth Boards, Committees,
and Commissions Handbook
Becoming a Committee Member
Qualifications for appointment
,i..
Committee membership requirements are subject to the Board of Selectmen. All
Yarmouth residents registered to vote in Yarmouth are qualified to apply for
membership on any committee,
Application
The appointment application process begins with entry of your name and contact
information into the Town of Yarmouth's Talent Bank, maintained by the Town
Administrator's Office. A Talent Bank form must be completed and submitted in-.
order to be considered for membership on an appointed board or committee.
An interactive Talent Bank application form is accessible from the Town's
committee webpage: http,//www ya__rmouth,ma.tis./ForrnGenter/:Calent-Bank-2-
2/Interested-in-joining-a-Committee-CQmmi5-33-33. This links allows you to easily
complete and submit your Talent Bank application online. Printed Talent Bank
forms may also be obtained, completed and returned to the Selectmen/Town
Administrator's office at 1146 Route 2B in Yarmouth.
You may register in the Talent Bank at any time, even when no vacancy exists on
your desired committee. Should such a vacancy occur, you and all other Talent Bank
applicants who declared a similar committee preference will be contacted and
invited to schedule an interview with the Board of Selectmen.
The Talent Bank shall be kept by the Town Administrator's Office and as time
permits, reviewed every three years by:
- contacting applicant to see if applicant is still interested in serving the Town.
- updating talent banks of applicants who wish to remain in active file.
- discarding talent banks of applicants who are no longer interested in serving the
Town.
Appointments
Most appointments to town boards (collectively refers to boards, committees and
commissions) are made by the Board of Selectmen. Some appointments are made by
the Moderator. The appointing authority shall have sole discretion to make such
appointments as the appointing authority deems to be in the best interest of the
Town. It is also suggested that applicants attend one or two meetings of the board
on which they are interested in serving to become familiar with the time
commitment and other functions of that Board.
DOc2998s555 04-11-2005 10114
BARNSTABLE LAND COURT REGISTRY
N 0 T 2KQ=9I0N OF HWTIM
A N A N
O F F I C I A L O F F I C I A L
KNOW ALL L" ?yY THESE PRESENTS r-t4tP Ty BRAD GOODNIN of 24
Luscombe Lane, Sandwich, MA 02563, as the owner of reil.-
estate thcWe&fT and having a fam:4y0 apd being entitled to
an estate cg l{omestead in the lard *nd buildings
here t�erl cLeslc"d do hq(Fch#ayF dgcLlaFeA tLhat I own and am
possesseCb "c� Qpcupy said pre"e.9 ?sY a residence and
homestead under Massachusetts General Laws, Chapter 188,
Section 1, as amended, to wit:
24 Luscombe Lane, Sandwich, MA 02563 (Lot 144,
Subdivision Plan 35991-B (Sheet 2)
For title, ,Bee Certificate of Title No. 171053.
Property Address: 24 Luscombe Lane, Sandwich, MA 02563
I am under the age of 62.
WITNESS my/our Hands and seals this b -day of APRIL 2005
Brad G odwiA
COMMONWEnTH OP HASSACEMETT
APRIL
Barnstable, on. 2005
On this day of APRIL 2005, before me, the
undersigned notary public, personally appeared BRAD
GOODWIN, proved to me through satisfactory evidence of>
identification, which were (sopjmaj„?S identifications
to b�.��, �, b; (a) whose name ie
signed on the
preceding or�`� ent, and
acknowledged to me that h ^ �_ voluntarily for
its stated purpose."
's
Notary h - �CA C. RICAARDSON
My Commie +, res: 12/8/2011
'
jacquie\forma\dealhmat pg.34
BARNSTABLE REGISTRY Of OEM
It F
'IV
Prepared by end return to: N O T
Cashing & Dolan, P.G A N
Totten Pond Road 8fce art c I A L
375 Totten Pond Rae�d`` Su to uD
Waltham, MA 02451 C 0 P Y
Page t of 3
N 0 T
A N
O F F I C I A L
C 0 P Y
Doc:1,444,659 11-12-2021 8:51
N 0 T
A N
O F
F I C I
A L
C O P Y
N 0 T
A N
O F
F I C I
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DECLARATION OF HOMESTEAD
M.G.L. c. 188 § 3 (For Homes Owned by Trustee(s))
1, BILAD A. GOODWIN, and MARY.BETH K. GOODRICI•la Trustees of GOODWIN-
i -00- ICH FAMILY TRUST u/d/t dated October 21, 2021 hereby declare homestead pursuant
to M.G. L. c. 188 § 3, for the benefit of the beneficiaries hereinafter named with respect to the
herein -described premises and state as follows:
1. Said Declaration of Trust is
(a) [ ] recorded in Registry of Deeds in Book _ Page
(b) [X] filed in the Barnstable Registry District of the Land Court as Document No.
(c) [X] described in a Trustee's Certificate under M.G.L. c. 184, §35:
[X] recorded in the Barnstable County Land Court herewith.
[ ] filed in said District as Document No.
(d) [ ] Other [describe derivation]: '
2. We are the owners as Trustee of the premises at 24 Luscornbe Lanc, Saillwich,
Massachusetts by virtue of:
(a) [X] deed from i3Rf1D GOODWIN and MAItYBL--TH K GOODR1Gj�, dated (?ctober
21, 2021, and recorded in the said Registry of Deeds herewith. t
(b) [] Certificate of Title No, Document No. in said District
(c) [ ] the Will of _ Probate Case No.
(d) [ ] Other [describe document and provide appropriate recordinglregktrstion/c iirt
docket information]:
3; .a
—j Icy
Doc:1, 444, 659 11-12-2021 8: 5; ,. Page 2 of
which premises, BRAD AN (RADW IN, and M—ARYBET1FK9a DRICH, as-beneficiapes of
the trust, occupy W iptepd to Lccppx attheir princ6pairefidp e, I A L
3. Beneficiary BR.QQCAJ CiYQ )I WITr,, and MARY15ERM)00DRICH are;
(a) [] unmarried N 0 T N 0 T
(b) [X] married togaoh other A N
(c) [] ma{ie t(T 0 P z A L who is 2 c9-bCno par At& trust and:
who also occupies or intends to occupy the premises as her principal
residence and who has the benefit of a declaration of homestead under M.G.L. c.
188, § 2 recorded/filed with said Registry of Deeds/District:
(a) [ ] in Book , Page /as Document No.
(b) 0 herewith
(ii) [ ] who does not occupy or intend to occupy the premises as his/her principal
residence
(d) 0 married to . who is not a co -beneficiary of the trust and:
(i) 0 who also occupies or intends to occupy the premises as her principal residence.
Vi) 0 who does not occupy or intend to occupy the premises as his/her principal
residence.
(iii) [] who also occupies or intends to occupy the premises as his principal residence
and who has the benefit of a declaration of homestead under M.G.L. c, 188, § 2
recorded/filed with said Registry of Deeds/District.-
(c) [ ] in Book , Page /as Document No.
(d) 0 herewith
[SIGNATURE PAGE TO FOLLOW]
Doc:1,444,659 11-12-2021 8:5" page 3 of
N O T N O T
Signed under the penaltiestof*er ury this Adq of Co C W b e r _1;' 421,
O F F I C I A L O F F I C I A L qa'
C O P Y
N O T
A N
O F
F I C I
A L
C O P Y
P Y
I3I A D A. G IN, Trustee
A ,,{N���ii ......__.
Iffl,? I(C rtr A ` t. �� �I. _.�i_l 'c
fRYDt'P14Ck,FrA015R1C1J, Truster
COMMONWEALTH OF MASSACHUSETTS
On this -� day ofycf-be
y , 2021, before me, the undersigned notary. publics
personalty appeared BRAD A GOODWIN Trustee, proved to me through satisfactory e^videttce
of identification, which were I , to be the person who signed
the preceding or attached document in my presence, and who swore or affirmed to me that the
contents of the document are truthful and accurate to the best of his knowledge and belief, and he
signed it voluntarily for its stated purposes on behalf of the GOODWIN-GOODRICH
FAMILY TRUST.
(official signature and seal o notary),. • ;, ,
My commission expires:
TODl3E,'bE1iS1(Y
COMMONWEALTH OF MASSACHUSETTS ; 1; c"0�i��rPu,sa,v116
,em
�]g11+5 trig...._.. �.. June 8, 2022
- sS .- -��
On this 'fit day of 2021, before me, the undersigned notarypublic,
personally appeared MARMTH K. GOQDPICH Trustee, proved to me through satisfactory
evidence of identification, which were 9 rry t 's Ihr,-a i to be the persvh who
signed the preceding or attached document in my presence, and who swore or a#iirmed to me ;
that the contents of the document are truthful and accurate to the best of her knowledge and
belief, and she signed it voluntarily for its stated purposes on behalf of the GOOD.WIN-
GOODRICH FAMILY TRUST.
(official signature and seal r3 notary) ;
My commission expires:
TODD E. LU7S" f
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