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HomeMy WebLinkAboutDOC005RE E V-ED LAW OFFICES OI= PAUL R. TARDIF, ESQ., P.C. OCT 26 2022 490 MAIN STREET BUILDING DEPARTMENT YARMOUI'H POWF, MA 02675 t By (508) 362-7799 (508) 362-7199 fax --��—" Paul R Tardif, Esq. Stacey A. Curley, Esq. p rardi f Lakardiflaw. com www.tardiflaw.com scu rley&ardiflaw.com REFER TO FILE NO. October 24, 2022 Mark Grylls Yarmouth Building Commissioner 1146 Route 28 South Yarmouth, MA 02664 Re: Yarmouth Port, MA Assessor Map 122, Parcel 127 Current Owner: Jane Barrows Tatibouet, Trustee of the Barrows Group Atlantic Realty Trust Dear Mr. Grylls- Please be advised that this office represents Jane Barrows Tatibouet, Trustee of the Barrows Group Atlantic Realty Trust, the owner of the property- at 147 Route 6A, Yarmouth Port, MA (the "Property"). After reviewing the title history of the Property, reviewing past Decisions of the Zoning Board of Appeals regarding this property, and having reviewed the plain language of the Yarmouth Zoning Bylaw, it is my opinion that the Property is a separate buildable lot, which entitles my client to a building permit by right. I am writing to determine whether, based on the information presented herein, you concur. 147 Route 6A, Yarmouth Port, MA (Map 122, Parcel 127) The Property is located in the B-1 Zoning District, contains 14,435 square feet, with 55 feet of frontage on Route 6A, and is denoted as Parcel 127 on the Town of Yarmouth Assessor's Map 122. Title to the Property is currently in the name of Jane Barrows Tatibouet, Trustee of the Barrows Group Atlantic Realty Trust, and the title is derived pursuant to a deed recorded in the Barnstable County Registry of Deeds in Book 32347, Page 116, dated September 30, 2019. The property is shown on an Approval Not Required (ANR) plan entitled "Plan of Land in li"armouthport, Mass. For Henry R. Darling, March 2, 1966, Scale 1 "=40' by Thomas E. Kelley, Surveyor South Yarmouth, Mass.", duly recorded in the Barnstable County Registry of Deeds in Plan Book 200, Page 49. (Plan). I have attached a copy of Plan for your review. Currently, and Page 1 of 7 Letter to Mark Grylls 147 Route 6A, Yarmouth Port, MA based on the tax card of the Town of Yarmouth Assessor's Office, the lot is no longer improved.' The title to the property is as follows: -Rebecca Jean Hagopian to Jane Barrows Tatibouet, Trustee of the Barrows Group Atlantic Realty Trust, by deed dated September 30, 2019, recorded in the Barnstable County Registry of Deeds in Book 32347, Page 116; -Joseph H. Golner to Rebecca Jean Hogopian, by deed dated September 13, 2017, recorded in the Barnstable County Registry of Deeds in Book 30789, Page 51; -Chestnut Homes, Inc. to Marjorie E. Kettell Golner,2 by deed dated February 18, 1975, recorded in the Barnstable County Registry of Deeds in Book 2152, Page 82; -Ross A. Joly to Chestnut Homes, Inc., by deed dated November 9, 1973, recorded in the Barnstable County Registry of Deeds in Book 1963, Page 94; -H. Raymond Darling to Ross A. Joly, by deed dated November 9,1973, recorded in the Barnstable County Registry of Deeds in Book 1963, Page 90; -Annie W. Darling to H. Raymond Darling and Annie W. Darling, by deed dated June 6, 1961, recorded in the Barnstable County Registry of Deeds in Book 1117, Page 6; -Mabel S. Agassiz to Annie W. Darling, by deed dated October 30, 1942, recorded in the Barnstable County Registry of Deeds in Book 599, Page 492; As indicated, the total area of the Property is approximately 14,43 5 square feet and contains a total of 55 feet of frontage on Route 6A. The Property is located in the B-1 zoning district, which mandates the following current minimum bulk requirements for a single-family use: Minimum Lot Area: 25,000 sf Minimum Frontage: 150 ft Front Yard Setback: 30 ft Side Setback: 25 ft Rear Setback: 20 ft As you also know, the B-1 Zoning District entertains a number of allowed uses, including single family and two-family dwellings, agricultural, retail, financial, personal, professional services by right. S There is picture evidence that this property was once improved with a single-family home, which was moved to the property now numbered 146 Route 6A. 2 Marjorie E. Kettell Golner died on October 17, 2015. Through her Probate Estate in Suffolk County, bearing Docket Number SU16P0205EA, title was transferred to Joseph H. Golner. Page 2 of 7 Letter to Mark Grylls 147 Route 6A, Yarmouth Port, MA 153 Route 6A, Yarmouth Port, MA (Map 122, Parcel 126) The Property is located in the B-1 Zoning District, contains approximately 5,663 square feet, with 30 feet of frontage on Route 6A, and is denoted as Parcel 126 on the Town of Yarmouth Assessor's Map 122. Title to the Property is currently in the name of Tatibouet Group Atlantic, LLC, and the title is derived pursuant to a deed recorded in the Barnstable County Registry of Deeds in Book 32347, Page 119, dated September 30, 2019. The property is shown on a plan entitled "PIan of Land in Yarmouthport, Mass. May 14, 1947, Scale 20 Ft =1 in' Herbert Richardson, Civil Engineer Surveyor, Barnstable, Mass.", duly recorded in the Barnstable County Registry of Deeds in Plan Book 80, Page 103. (Plan 2). I have attached a copy of Plan for your review. Currently, and based on the tax card of the Town of Yarmouth Assessor's Office, the lot is improved with a retail store with living space on the second floor, built in approximately 1830. The title to the property is as follows- -Bass River Development, LLC to Tatibouet Group Atlantic LLC, by deed dated September 30, 2019, recorded in the Barnstable County Registry of Deeds in Book 32347, Page 119; -Joseph H. Golner to Bass River Development, LLC, by deed dated September 13, 2017, recorded in the Barnstable County Registry of Deeds in Book 30789, Page 53; -Mildred E. Kettell to Mildred E. Kettell and Margorie Kettell Golner, by deed dated October 10, 1980, recorded in the Barnstable County Registry of Deeds in Book 3183, Page 332; -Russell R. Akins and E. Louise Akins to Mildred E. Kettell, by deed dated March 15, 1954, recorded in the Barnstable County Registry of Deeds in Book 868, Page 181; -.lean B. Cook to Russell R. Akins and E. Louise Akins, by deed dated October 8, 1948, recorded in the Barnstable County Registry of Deeds in Book 705, Page 90; 143 Route 6A, Yarmouth Port, MA (Map 122, Parcel 128) The Property is located in the B-1 Zoning District, contains approximately 13,504 square feet, with 65 feet of frontage on Route 6A, and is denoted as Parcel 128 on the Town of Yarmouth Assessor's Map 122. Title to the Property is currently in the name of Steven David and Kryz Chairauch Khaewkhum, and the title is derived pursuant to a deed recorded in the Barnstable County Registry of Deeds in Book 35227, Page 51, dated June 17, 2022. Currently, and based on the tax card of the Town of Yarmouth Assessor's Office, the lot is improved with a retail store with living space on the second floor, built in approximately 1830. The title to the property is as follows: -Carol Weld Royal to Steven David and Kryz Chairauch Khaewkhum, by deed dated June 17, 2022, recorded in the Barnstable County Registry of Deeds in Book 35227, Page 51; -Valerie Grant to Carol Weld Royal, by deed dated June 22, 2020. recorded in the Barnstable County Registry of Deeds in Book 33034, Page 162; Page 3 of 7 Lcttcr to Mark Grylls 147 Route 6A, Yarmouth Port, MA -John McAllister and Pamela C. McAIlister to Valerie Grant, by deed dated February 23, 2016, recorded in the Barnstable County Registry of Deeds in Book 29469, Page 236; -Willow Street Feed and Garden Store, Inc. to John McAllister and Pamela C. McAllister, by deed dated January 3, 2012, recorded in the Barnstable County Registry of Deeds in Book 25983, Page 67; -Jolt' Enterprises Inc. to Willow Street Feed and Garden Store, Inc., by deed dated March 20, 2001, recorded in the Barnstable County Registry of Deeds in Book 13649, Page 275; -Elliott A. Carlson and Corinne R. Carlson to Joly Enterprises Inc., by deed dated August 3, 1985, recorded in the Barnstable County Registry of Deeds in Book 9803, Page 335; -William E. Covill, Jr. and Gertrude E. Covill to Elliott A. Carlson and Corinne R. Carlson, by deed dated October 12, 1973, recorded in the Barnstable County Registry of Deeds in Book 1950, Page 47: -Katherine L. Gourley to William E. Covill, Jr. and Gertrude E. Covill, by deed dated October 22, 1956, recorded in the Barnstable County Registry of Deeds in Book 956, Page 436; -James R. Hargreaves and Edna R. Hargreaves to Katherine L. Gourley, by deed dated October 11, 1949, recorded in the Barnstable County Registry of Deeds in Book 731, Page 572; ANALYSIS The property at 147 Route 6A, Yarmouth Port is located in the B I Zoning District, which was created in 1996. Prior to that zoning change, the property was located in the RD-1 zoning district, first created in 1960, and at which time required a minimum of 20,000 square feet, which was an increase from 8,500 square feet. Oddly, the Approval Not Required Plan which last shows this lot is dated 1966, and approved a lot having 14,435 square feet. However, this lot historically had been improved with a single-family home, which was later moved across the street and became 153 Route 6A. The assessor's field card indicates that the structure was built in 1802. 1 have attached copies of photographs which show the structure once situated at 147 Route 6A, and the Assessor's field card for 146 Route 6A, which shows the same house now located across the street. What we can establish is that, although the Property became non -conforming in 1960, the description of the property remained constant from 1942, with metes and bounds, to the present deed. First, we must determine whether the Property was held in common ownership with abutting properties, and how many such properties. As you know, the property was formerly a residential zoning district, and when changed, to B1, still permitted a residential use by right. As such, the analysis and use of Zoning Bylaw Section 104.3.4 applies. I have attached a title history on the date of each zoning change affecting these properties to date as Exhibit A. As you can see, the Property was not held in common ownership with one other property in 1960 or 1980, and would not have, under the common law doctrine of Merger, been Page 4 of 7 Letter to Mark Grylls 147 Route 6A, Yarmouth Port, MA combined by operation of law at that time, or since. In addition, because the property was first shown on a plan having less than the minimum square footage for a parcel in that zone, it does not qualify for the single lot exception of the Zoning Bylaw. In essence, the only way to cure this zoning irregularity would be to secure a Variance from the Zoning Board of Appeals. ZONING: In January of 1975, the then owner of the Property, Chestnut Homes, Inc., applied to the Yarmouth Zoning Board of Appeals for a variance and/or approval of the Board of Appeals to allow construction of a building for business purposes on a business lot on Route 6A, Yarmouth Port, Massachusetts having smaller frontage than called for under present zoning by-law. 3 In Decision 1305, the Zoning Board of Appeals granted a Variance to allow for the construction of a shop with a residence over the shop and attached office. A very detailed plan, showing the location and dimensions of the lot and proposed buildings and parking was submitted and referenced in the Decision. I have attached a copy of this Variance for your review. From this, we can establish 2 things: 1. The Zoning Board of Appeals was provided with the 1966 Plan, and a detailed plan for the proposed use. If there was any doubt as to whether this property failed to comply with the zoning bylaw at the time, the issuance of a Variance cured that; and 2. Variance Decision 1305, issued in 1975, is still valid and may be exercised at this time by the current owner. Pre-1975 Variances granted prior to the effective date of 1975 Mass. Acts c. 808 were not subject to lapse under the terms of Old Chapter 40A. Hogan v. Ham, 19 Mass. App. Ct, 399, 403-05 (1985); Hunters Brook Realty Co . v. Zoning Bd. of Appeals of Bourne, 14 Mass. App. Ct. 76, 81 (1982) (discussing legislative history of Zoning Act, § 10). Accordingly, unless a deadline for exercise was specified in the municipality's ordinance or bylaw or in the variance itself and absent a material change in circumstances, such a variance could continue in force without limit of time although not exercised. Hogan v. Hayes, 19 Mass. App. Ct. at 410 (dictum). In HHan, decided in 1985, the court considered a pre-1975 variance to subdivide a lot that already contained a single-family residence in order to allow the construction of a second residence on the newly created lot. Wishing to avoid an "inequitable" result, the court held that the variance was exercised when the subdivision occurred and the lot with the existing house was sold; construction of a new house in 1982 was permitted under the pre-1975 variance. The attached Variance was issued without a date of expiration, and issued under the old statute which did not have a time period for execution of same. It was only in 1978 that the new 3 It should be noted that the Zoning Board of Appeals Decision 1305 references that the reason for a Variance is due to the fact that it has "less than 100 feet of frontage", and that a "single family residence could be built on this lot, but nothing else", even a business use in a business district. Further in the Decision, the Board makes a finding that the lot "conforms in all other ways, including area, to the present by-law." Although contrary to the zoning history provided by the Building Department in preparation of this correspondence, Decision 1305 granted a Variance to the Applicant. Page 5 of 7 Letter to Mark Grylls 147 Route 6A, Yarmouth Port, MA version of Chapter 40A was adopted here in Yarmouth, which contained a time period during which the Variance would need to be exercised or lost.4 As such, this parcel has already been approved, as a single lot, to have the construction denoted on the plan, which can be exercised now if the applicant wanted to do so. The focus of my letter is to determine if you agree that the property at 147 Route 6A, Yarmouth Port, Massachusetts is a separate building lot. I would appreciate a written response, which will verify that the Property may be built upon, and need only comply with setbacks in existence at the time of the creation of zoning for this lot or in accordance with strict compliance )n 1305 in 1975. I thank you for your time and attention to this matter. bouet, Trustee I have attached copies of Memoranda between your office and then -Town Counsel, John C. Creney, which establishes that Variances issued prior to the adoption of the Zoning Act of 1975 — Chapter 808, have not lapsed and may be exercised at this time. Page 6 of 7 Letter to Mark Grylls 147 Route 6A, Yarmouth Port, MA 1960: 147 Route 6A, Yarmouth Port, MA 153 Route 6A, Yarmouth Port, MA 243 Route 6A, Yarmouth Port, MA EXHIBIT A - Annie W. Darling - Mildred E. Kettell - William E. Covill, Jr. and Gertrude E. 1980 (increased minimum size to 25,000 sl): 147 Route 6A, Yarmouth Port, MA 153 Route 6A, Yarmouth Port, MA 243 Route 6A, Yarmouth Port, MA Page 7 of 7 - Marjorie E. Kettell Golner - Mildred E. Kettell - Elliott A. Carlson and Corinne R. Carlson Letter to Mark Grylls 147 Route 6A, Yarmouth Port, MA Plan Book 200, Page 49 The Plan L;.► 1 40 e6 O F F I C I A L O F F I C I A L C O P Y C O P Y STATE HlgI Ay ROUTE 6A N 0 T CB (FOUND) MHA(F-NND) A N sa2�' s oo'4CE O F F I C I A L 61.9T f' 143 i0 N I- ttVM� N .G Z s anewall ; N ' w 14,435 SO.FT. H c LLl W y N S60°08'30">; Y 1. a 0 26.59 � ti N d' N 4 Y W d? 75.00 N 76003'00"w 12[.B8 DH (FOUND) fence line MAXIMILIAN A. TUFTS I:T AL SK. 1260 PG.224 Q " 0 i' SO (FOUND) PLAN OF LAND IN YARMOUTHPORT, MASS. FOR HENRY R. DARLING MARCH 2, 1966 SCALE 1"-40' THOMAS E.KELLEY SURVEYOR SOUTH YARMOUTH. MASS. # !4)r APPROVAL UNDER THE SUBDIVISION CONTROL LAW _ NOT REQUIRED. f3AIUISTABLE DATE .-74AL............ REWTERY OF DEEDS RECOPMED ....................... ..................... YARMOUTH PLANNING BOARD f— THOMAS mucy I DEED REF. BK. I I I I PG. 6 I . 2..00rta �9 1 Plan Book 80, Page 103 The Plan 2 . M�41lV ta$RaUr�6� SrR�fir H ' C3- vo• r �4 O O Cr 04 w. o ��:' �yy , � O D- o ll� FCC= Q �: S •b, . o ,.�Q 1f z, t� C" O 7 O 0 a 0--> O o-> O } Ir 0. 1'- � P LA N OR A ND I N"' YARMOMPORT,r —_ F p R i.i:NS rA L -" _ ` SALVATORE L. AR 'y ETA aANNE T ARdT MAY 14,1947 --'5CALE:20FT= ! JN. s ZAR14STABLE RRi�p CIVIL ENGIIIEER b MAS5. N 42Qd SURVIrYoR 7 9 .. 77777 /d 147 Route 6A (Map 122, Parcel 127) 147 ROUTE 6A Location 147 ROUTE 6A Acct# 14455 Assessment $164,500 Building Count 1 Current Value Valuation Year 2022 Owner of Record Owner TATIBOUET JANE B TRS Care Of Address 2929 PONI MOI RD HONOLULU, HI 96815 Ownership History Mblu 1221 1271 / 1 Owner TATIBOUET JANE B TRS PID 14455 Assessment Improvements Land Total $0 $164,500 $164,500 j Sale Price $60,000 Certificate Book & Page 32347/116 Sale Date 10/02/2019 Instrument IV Qualified U Ownership History Owner Sale Price Certificate Book & Page TATIBOUET JANE B TRS $60,000 32347/116 HAGOPIAN REBECCA JEAN 100 30789/0051 GOLNER JOSEPH H $100 30789/0049 KETTELL JENNIFER (PERS REP) $100 29906/0053 GOLNER MARJORIE E KETTELL $0 2152/0082 Building Information Building 1 : Section 1 Year Built: Living Area: 0 Replacement Cost: $0 Building Percent Good: Instrument Sale Date 1V 10/02/2019 1V 0912612017 1F 0912612017 IF 09/01/2016 02/1811975 Replacement Cost Building Photo Less Depreciation: $0 Style: Model Grade: Stories: Occupancy Exterior Wall I Exterior Wall 2 Roof Structure: Roof Cover Interior Wall 1 Interior Wall 2 Interior Flr 1 Interior Flr 2 . ............. Heat Fuel Heat Type: AC Type: Total Bedrooms Total Bthrms: Total Half Baths Total Xtra Fixtrs Total Rooms: Bath Style: Kitchen Style: Cndtn Num Park Fireplaces Fndtn Cndtn Basement Extra Features Extra Features Building Photo (hftps:iiimages.vgsi.com/photos2/YarmouthMAPhotos//default.jpg) Building Layout (Parcel Sketch. ashx?pid=14455&bid=15071) Building Sub -Areas (sq ft) Legend No Data for Building Sub -Areas No Data for Extra Features Land Lsgmnd.. Land Use Land Line Valuation Use Code 3910 DescJption POT BEVEL Zone Neighborhood K Alt Land Appr No Category Outbuildings Valuation History Valuation Year 2022 2021 2020 Size (Acres) 0.46 Frontage 0 Depth 0 Assessed Value $164,500 Outbuildings Legend No Data for Outbuildings Assessment Improvements $0 $0 $0 (c) 2022 Vision Government Solutions, Inc. All rights reserved. 4 L �Vp N M r= 0 a 0 E M r d w d 0 Cr N L a 0 a Bk 32347 Pg116 #48254 10--02-2019 @ 10:23a N O T QUITCLAIM DEEi7N 0 T A N A N I, REBECCA JEAIS ffAtdPIFAA, being married9 cR 96 R6& AAA )�6rmouth Port, Barnstable County, Ma�skh&Xts 02675, for considefiatPorTpaid in the amount of SIXTY THOUSAND DOLLARS ($60,000.00) grant to JANE BARROWS TATIBOUET, Trustee of BARROWS GROUP ASAL IRTIC REALTY TRUST, u/cY/t dated September 25, 2019, an abstract of whihh�,s T4eq hnvith, havirr i inF a� dke!s of 2929 Poni Moi Road, Honolulu, j# away �5y C o P Y WITH QUITCLAIM COVENANTS, a certain parcel of land, together with any buildings thereon, situated in Yarmouth (Yarmouthport), Barnstable County.. Massachusetts, bounded and described as follows: Beginning at the Northwest corner of the premises and running S80°20'4UE 55.00 feet to land of Mildred E. Kettell: Thence S11°24'40W 171.22 feet to a point; Thence SW 06'30E, 26.59 feet to land of Edward G.C. Goodes et ux; Thence S10°49'30W, 65.00 feet to land of Maximilian A. Tufts et al; Thence N78°03'00', 75.00 feet by land of said Tufts; Thence N10°01'30E 242.32 feet by land of William E. Covill, Jr. et ux to the point of beginning. All of said bounds are more particularly shown on "Plan of Land in Yarmouthport, Mass. For Henry R. Darling March 2,1966 Scale T= 49. Thomas E. Kelley Surveyor South Yarmouth, Mass." recorded in Barnstable County Registry of Deeds in Plan Book 200, Page 49. Grantor herebv releases any and all homestead rights to the within premises, whether created by declaration or operation of law, and further states under the pains and penalties of perjury that the property has not been the primary residence of the seller or the seIler's spouse, JES,SE HAGOPIAN, and there are no other individuals entitled to homestead rights to the property being conveyed. For title see deed recorded with Barnstable County Registry of Deeds in Book 30789, Page 51. The street address of the property is: 147 Route 6A, Yarmouth Port, MA 02675. MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 10-02-2019 @ 10:23am Date: 10-02-2019 @ 10:23am Ctl#: 291 Doc#: 48254 Ctl#: 291 Doc#: 48254 Fee: $205.20 Cons: $60,000.00 Fee: $183.60 Cans: $60,000.00 Bk 32347 Pg117 #48254 N 0 T N O T A N A N O F F I C I A L O F F I C I A L C O P Y -r1+ C 0 P Y a Exccutuinstrument ' yyrm , 2o19. ci s a sc.al�d instrumentt this ��" day of N O T N O T A N A N O F F I C I A L O F F C I A COPY R fBECCA 7 'N F-/A P1AN COMMONWEALTH OF MASSACHUSETf'S Barnstable, ss. On this dav of ._ , PW2019, before ine, the undersigned notary public, personally appeared REBECCA JEAN HAGOPIAN ❑ personally known to nee, or E'er pl-oved to ITIC through satisfactory evidence of identification, Which was CS"Liriver's lice.nS4 ❑ (other:) to be the pQrson(s) wrbuse names) are signed on the preceding or attached document, and who swoiv or affirmed to the that the contents of the document are truthful and accurate to the best of her knowledge and belief, and acknowledged the foregoing to be her free actand d deed for its stated purposk�. Notary Public �- r �; �ission Expires: Crm -ZS Zcay ISEAL] Bk 32347 Pg118 #48254 N 0 T N 0 T A N _ T A N E�ecutE�d a aFeCl iPsYul�lc ik tills `6dAyCf 2019. N O T N O.JT/ A N �-%�,��yr.A .i O F F I C I A L J ESSE G A' C O P Y i` 0 P Y C0MMONb1'EAL R OF MASSAC1-IUSETTS Barnstabie, ss. Can this �tazr c�f�37 .2019, beforc rne, the undersigned notary public, personally appeared jf�SSE HAGOPIAN Pro d to, RIC th3'0L11111'Wtisfactory evidence of identification, which was L7 driver's hceilse ❑ (other:) to be the person(s) Whose 11nnic(s) are signed can the preceding, or attached document, and who shvore or affirmed to me that the contents of the document are truthful and accurate to the Chest of her kno4,vl dgc and belief, and acknowledg ping to be her free act and deed for its sthteJ Notet v Public My Cor,%nission Expires: j Z� 7p2Y JOHN F. MADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED 6 RECORDED ELECTRONICALLY Bk 3073V P E351-44VO05 OV-26-2017 & 01 = 42P N O T N 0 T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y DEED KNOW ALL MEN BY THESE PRESENTS that JOSEPH H. GOLNER, of Jamaica Plain, Suffolk County, Massachusetts, for consideration paid in the amount of ONE DOLLAR ($1.00) grant to REBECCA JEAN HAGOPIAN, of 95 Route 6A, Yarmouth Port, Barnstable County, Massachusetts 02675, WITH QUITCLAIM COVENANTS, a certain parcel of land, together with any buildings thereon, situated in Yarmouth (Yarmouthport), Bamstable County, Massachusetts, bounded and described as follows: Beginning at the Northwest corner of the premises and running S80°20'40' E 55.00 feet to land of Mildred E. Kettell: Thence S 11 124' 40W 171.22 feet to a point; Thence S60°06'30E, 26.59 feet to land of Edward G.C. Goodes et ux; Thence S10°49'30'W, 65.00 feet to land of Maximilian A. Tufts et al; Thence N78103'00', 75.00 feet by land of said Tufts; Thence N10'0V30E 242.32 feet by land of William E. Covill, Jr. et ux to the point of beginning. All of said bounds are more particularly shown, on "Plan of Land in Yarmouthport, Mass. For Henry R. Darling March 2, 1966 Scale 1'= 40. Thomas E. Kelley Surveyor South Yarmouth, Mass." recorded in Barnstable County Registry of Deeds in Plan Book 200, Page 49. Being the same premises conveyed by deed of Chestnut Homes, Inc. to Marjorie E. Kettell Golner, recorded in Barnstable Registry of Deeds in Book 2152, Page 082. Z Bk 30789 Pg52 #49005 Subject to currentie@ e3'tate taxes which by the ac&pPanTe of this deed the Grantee assumes and agrees to payA N A N O F F I C I A L O F F I C I A L Marjorie EdythdK&itdR (KWa Marjorie Kettell, MwRrk Maell Golner) died on October 17, 2015. For Grantor's title, see deed recorded with Barnstable Registry of Deeds in Book 2152, Page 082, and the StiLe VMarjorie Edythe Kettell "a24arjorie Kettell, Marjorie Kettell Golner), Suffolk Prabate No. SU i 6PO205EA. A N O F F I C I A L O F F I C I A L Executed as a sealed iostatment this 1 day af Upiterriber, 2017. Joseph H. Golner COMMONWEALTH OF MASSACHUSETTS Suffolk County On this 13 day of September, 2017, before me, the undersigned Notary Public, personally appeared JOSEPH H. GOLNER, proved tie through satisfactory evidence of identification, being (check whichever applies): V driver's license or other state or federal governmental document bearing a photographic image, oath or affirmation of credible witness known to me who knows the above signatory, or my own personal knowledge of the identities of the signatory, to be the person whose name is signed above, and acknowledged the foregoing to be signed by him voluntarily for its stated purpose. �/1�iGi�c� /j,_j`�, Notary Public My Commission Expires: Al a 2 2 7 Qualified in the Commonwealth ofMas'sachusetts jaglGolneASale 147 and 153 Route 6A1JoeDEED147Route6A BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register -2- N O T N O T A N A N O F� 7I,��, 82 O F F I C yyIO�a94 KNOW ALL MEN BY THESE SE TS thot CHESTNUT HOMES, INC. aMaua .n. Corporation having its usual plane vi bufness in Yarmouthport, Barnstable J !�, t4auachusetts A N A N O F F I C I A L O F F I C I A L r C O P Y kwromanew,w. for Twrty-five Thousand ($25,000.) �.-........ Grant to MARJORIE E. KETTELL Cro4NI=� �°O0skkra6m paid of 15 Elwell Road, Boston (Jamaica Plain), Suffolk County, Massachusetts with 4altdelm a6rums thRhmkkkk a certain paroel of land, together with any buildings thereon, situated in Yarmouth (Yormoulivort), Barnstable Coun d pnd described as follows: Beginning at the Northwest corner of the Promisee and running S80020 W"E 55.00 feel to land of Mildred R. Kettell; Thence S11024140"''o! 171.22 feet to a point; Thence S6000613D"E, 26.59 feet to land of Edward G.C, Goodes at uz; Thence S10049130"V, 65.DC feet to land of Maximilian 1. Tufts at al; Thence N78003100", 70400 feet by land of said Tuft@; Thence N10o01P50KE 242,32 feat b� land of 'William E. Covill, Jr.. at ux to the point of beginning. All of said bounds are more particularly shown on "Pl:n of Iand in Yarmouthport, Sloes. Yor Henry R. Darl'ng I4aroh2, 1966 Scale 1"+40! Thomas E. Kelley Surveyor South Tarmouth, vaas." recorded in Barnatable County Registry of Deeds in Plan Boot 2001 Page 49. Being the same promises conveyed to the within Grantor by dead of Ross A. Joly doled No%ember 9, 1973 and recorded in Barnstable Regrstry a< Deeds in Book T963, Pope 094. Subject to current real estate tares which by the acceptance of this deed the Grantee assumes and agrees to pay. N 0 T A N 0 F F I C I A L C t(Q2157 fA,. 083 N 0 T A N 0 F F I C I A L- C 0 P Y N 0"T N 0 T A N A N 0 --F ' El A i )"0 F F I C I A L C 0 P Y IN WITNESS WHEREOF, CHESTNUT HOMES, INC. has caused this instrument to be signed and Its corporate mal affixed by its duly authorized oltricer this day of , 7975. Jamb e&a".8se"m ..................... . . .................. For authority, so* Certificate of Vote recorded in said Registry of Deeds in Dook1704 I POP 9 - alp emmmnwm* of Awmkorlb .1kKnOWN....... .... . .... ........ ..... . ... .... Then peremially appeared the above -named, W�CHE9NUT'HiWESr'I'NC."­'­' and acknowledged the foregoing instrument to be .... tha ........ . ... free act and deco( befom me .. . .................... ..........'.a ..... ................ nLLUhd"D FEB 1b 15 L anal%3 PAGE 094 KNOW ALL MEN BY THESE PRESENTS, that 1, ROSS A. JOLY N Q T N 0 T A N A N of Yarmouthpor4D F F I C I A L I Counly. ihkftwchusetb ' waf4miamw' for OneC Dqlw'($1.(*) ____ _C 0 P consideration *41 grant to CHESTNUT HOMES, INC., a Mamchusetts corporation N 0 T ' N 0. T A N a 89Willow stracto YAQ �thport, Moss. 0 F F I C I A L 0 F F 1? A L .nth craildsiat mbritarts C 0 0 y Amome& a certain parcel of land, 'i6dether withan 'I 'y I dings thereon, situated In Yarmouth (Yarmouthport), Barnstable Coun7 Massachusetts, bounded and described as follows: JS.;;;fiM and wcu=L=om if may) Beginning at the Northwest comer of the premises and running EA 5 T, Fifty-five: feet to land formerly of Louisa C. Hallett, bounded on the NORTH by the State Highway; Thence running SOUTHERLY, One Hundred Seventy (170) feet, bounded on the EAST by land Formerly of Louisa C. Hallett; Thence running EASTERLY, Thirty (30) Feet, bounded an the NORTH by land formerly of Louisa C. Hallett; Thence running SOUTHERLY, Sixty-two (62) feet, bounded an the EAST by land formerly of Louisa C. Hallett; Thence running WESTERLY, Seventy-five (7S) feet, bounded on the SOUTH by land now or formerly of Mabel S. Agassiz; Thence running NORTHERLY, Two Hundred Thirty-two M feet, to the point of beginning, bounded on the WEST by land now or formerly of Darting, formerly of Horatio Ryder. Being the some premises conveyed to the within Grantor by deed of H. Raymond Darling of even date to be recorded herewith in Barnstable Registry of Deeds. StiViect to mortgage to H. Raymond Darling which Grantee, by the acceptance of that deed, hereby assumes and agrees to pay. 0 T N O T A N A N O F F,.. I C I• A L..:. ,. , O F F I- C' I A. t C 0.P..Y C O P Y N_O,T N 0 T A N _ ,... ODOX1963 FAA W5 O F F I_ C I L O F F I C I A L C 0 P Y S C! 0. P Y UW axR._.#F Y --land and seal November �« r ...._ ............................... » ..... .................AL ._ ........... »............... ........ .N,o! mbar......�1.........�9.�..., The- pawnay app..d d. abaro-aamed..._i{oss A.. Jo�)'.....»._....._................ _................ and acknowkdW the fmnping iadrnnuat to be -�?'_ .......-Fru ae/Cx� and deed, before jm e XXXV REOOFM wov 9 �ooxl9 PAGE 090 KNOW ALL MEN BY THESE PRESENTS that I, H. RAYMOND DARLING 3:5511 N O T N O T A N A N of Yormouthp"r F F I C I A L cfavotte I :partly, 14"achu»tor frigfi< y, for. Twen� TQjugndlnd no/100 Dollars ($20,000.(0) O P Ymn.Ideration grant to ROS$ A. JOLY N� n � tad N O T 189 Willow Street, i. said YT..Wthport, A N A N O F F I C I A L .O F F I' C' I A L j with gpltdatm tabetrardst Q ' Y a certain ParcefOof Tand, togeti►er wlthany'bulldings thereon, situated in Yarmouth (Yormooliport), Barnstable County MossachuseML bounded and described as follows: i 'sflPliva ud rstamLnn�, it auA Be ginning at the Northwest corner of the premises and running EAST, Fifty-five'(55) fee? to land formerly of Louisa C. Hallett; bounded on the NORTH by the State Highway; Thence running SOUTHERLY, One Hundred Seventy (170) feet, bounded on the EAST by land formerly of Louisa C. Hallett; Thence running EASTERLY, Thirty (30) feet, bounded on the NORTH by land formerly of Louisa C. Hallett, Thence running SOUTHERLY, Sixty-two (62) feet, bounded on the EAST by land formerly of Louisa C. Hallett; Thence running WtSTERLY, Seventy-five (75) feet, bounded on the SOUTH by land now or formerly of Mobel S. Agossiz; Thence running NORTHERLY, Two Hundred Thirty-two t232) feet, to the point of beginning, bounded on the WEST by land now or formerly of Darting, formerly of Horatio Ryder. Being the some premises conveyed to the within Grantor and Annie W. Darling as Parcel 5 by deed of Annie W. Darling dated June 6, 1961 and recorded in Barnstable County Registry of Deeds Book r117, Page 6, The Grantor's title is as surviving joint owner. C0!AMCNVIEALTw OF MAR5ACI'VMrs FIR r- r1, N 0 T N O T A 'N A N . O F F I C I A L O F F I C I A L R. Y. C 0 P Y � N •�T 6oaK19 " �� €� �. r� (. 'N 0 T r A N A N 0' F F, I C I A L. O F F I C I A I; C O P Y C 0 P.Y i�ugess "� -end .nd wral rLis L d.y ad. November . �VO ' ...................... ;��•, r � � +�€ �i�reaeasfpzdetfe .............. 8arn41Ohls.......•..._as._.............._............................ November.......l...:...... 19. ... 'ilea per onattyappeared the ......... ........................ .. and aeknowWpd the (OMOng inobmment to be... his tree aet and deed, beiara me kbVPC9 tamnral# at Awwu wmm NAONT // , 8arnstahl O F F I C I A L O F u' F"' A 19I C 0 P Y — Then personally appeared the N O T N 0 T . A N..._._ and acknowledged theQor in sns4�+tm�et toTbGl�liebq_,..,.._ftEe ect cd f - `I A L O. P Y 1 ry PubGc —1 l9 Barnstable, as., Received June 7, 1961, and is recorded. I, ANNIE W. DARLING, being married to H. Raymond Darling,. B rnstable of Railroad Avenue, Yarmouth (xarmouthport), a% County, Massachusetts, being-A*mw kd, for consideration paid, grant to H. RAY AOND DARLING and ANNIE W. DARLING, husband and wife, as TENANTS BY THE ENTIRJr"TY, both of Yarmouth (Yarmouthport) aforesaid, _ ya With 4IIMISEtm rnV913000 thelandin Yarmouth, Barnstable County, Massachusetts, together with any buildings thereon, tn�ipemmd�ouma,nwr,.um7 described as follows: PARCEL 1: A certain piece or parcel of upland and dyke -meadow ground, being the same premises conveyed to WiIliam G. Sears by Geed of Andrew H. P.ldridge, dated March 30, 1876 and recorded with Barnstable County Deeds in Book 1s3, Page 516. PARCEL 2: A certain tract of upland, dyke -meadow and cranberry ground, being the same premises conveyed to William G. Sears by deed of David G. 61dridge, dated April 5, 1876 and recorded with said Deeds in Pook 133, Page 518. PARCL�'L 3: A certain piece or parcel of upland and meadow ground, being the same premises conveyed to iilliam G. Sears by deed of the Town of Yarmouth, dated May 7, 1879 and later conveyed to Samuel T. Sears by deed of Edmund H. Sears, dated Februa 25, 1909, and recorded with said Deeds in Book 298, Page 185. For a more particular description of said parcels, reference should be made to the respective deeds mentioned above. Said three parcels were conveyed to Thalcolm E. Ryder by deed of Daniel B. l.ewis,,dated July 24, 1926 and recorded with said Barnstable County Deeds in Book 439, Page 151. PARCEL : A certain tract of land containing about forty acres, subject to reservations, easements and rights of flowage and drainage of record which were conveyed to Malcolm E. Pgder by deeds of Edwin Gray and 'John J. Beaton each of their respective undivided half interests. Said deed of Edwin Gray is dated September 14, 1925, end a rded wl'th said deeds In Book 4 : Page 24.01 and s��••��d��d1eg q� h4 3 S�eeaton is da d,Se te�b 1117 E8, 192$ and retbrGed l a d�ed� in Book I}3,LPa e 011. P Y A For a descriptlim of said parcel by metes and bounds reference 7 is male to said deeds. N 0 T N 0 T For Grantorts tKI o eVojr,)bc}ve-describe p$r Igh1,I A deed from Malcolm E.RRYy er toeW.ling,date NSvee�b I ,1936, recorded in said Regif'•st� 'deeds in Book 521, Pagw,7 . P Y ft�lxa*naldzAma certain parcel of land, together with any buildings thereon, situated in Yarmouth (Yarmouth - port), Barnstable County, Massachusetts, bounded.and described as followst Beginning at the Northwest corner of the premises and running EAST Fifty -Five (55) feet to land formerly of Louisa C. Hallett; bounded on the NORTH by the State Highway; thence running SOUTHERLY One Hundred Seventy (170) feet, bounded on the EAST by land formerly of Louisa C. Hallett;' thence running EASTERLY Thirty (30) feet, bounded on the NORTH by land formerly:of Louisa C. HalIett; thence running SOUTHERLY Sixty -Two (62) feet, bounded on the EAST by land formerly of Louisa C.Hallett; thence running WESTERLY Seventy -Five (75) feet, bounded on the SOUTH by land now or formerly of Mabel S. Agassiz; thence running NORTHERLY Two Hundred Thirty -Two (232) feet, to 'the point of" beginning, bounded on the WEST by land of Darling, formerly Horatio Ryder. For Grantor's title to the above -described parcel, see deed from Mabel S. Agassiz to Annie W. Darling, dated October 30, 1942, recorded In said Registry of Deeds ir. Boole 599, Page 492. See also deed from John L. Hall et al, Trustees, dated November 2, 1942, recorded 1n said NOMINAL CONSIDERATION. Registry in Boo'.c 599, Page 103. 1, H. RAYMOND LIARLI NG, husband of said grantor, release to said grantee all rights of tenancy by the curtesy and other interests therein dowep. sed-lenseairad 131itneaa.-_ ottr__hand s and seals thia......i_,.._—day of. - JUDS .19 61 tj H Raymond Dar* g �� �ngmralil; n€ �excj;usetta .Barnstable SL June 1961 Then personally appeared the above tamed Ann 1 e W. Da r 1 i ng and acknowledged the foregoing instrument to be her f act and deed, before. Barnstable, 'sac, ASEM0dsett � ]t 1� Vie. re.0orded. •zr.: ,r.., ::FtK.r..ar. w:4. T4? commomtreoU4 of MWW"#Mfffa 599 4Suffolk ---.._.... _.__..._._...._ Sanua r ss. ,19 43. 492 Th— personally appeareAth"bove named,. --_Gladys :;, Career and acicaowledged a orcgoing instrument C 0 P Y -.. ty� 'r" deedbybefQre t e Y Now', rssbu. N 0 T M7 �;.. a, r� N ,9 /,r A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y Barnstable, ss., Received January 26, 1943, and is recorded. I, Mabel S. Agassiz, of Boston, Suffolk County, Massachusetts, k%Z300MINIXfor consideration paid Grant to Annie W. Darling, wife of H. Raymond Darling, of Yarmouth, Barnstable County, Massachusetts, M with gnurlatm rantmwts mr�dto my undivided two-thirds interest in a certain parcel of land situated in the village or Ya_rmouthport in said Yarmouth, bounded and described as follows: Beginning at the Northwest corner of the prem- ises and running east fifty-five (55) feet to land formerly of Louisa C. Hallett, bounded on the North by the State Highway; thence running Southerly one hundred seventy (170) feet bounded on the East by land formerly of said Louisa C. Hallett; thence running Easterly thirty (30) feet bounded on the North by land formerly of said Louisa C. Hallett; thence running Southerly sixty-two (62) feet, bounded on the East by land formerly of said Louisa C. Hallett; thence running Westerly seventy-five (75) feet,,bounded on the South by other land of the grantor; -thence running Northerly two hundred thirty-two (232) feet to the point of beginning, bounded on the West by land of Darling, formerly land of Horatio Ryder. Being the premises conveyed to Ruth S. Thayer, Mabel Agassiz and C. Ritchie Simpkins by deed of Ansel Hallett, Administrator, dated February 2, 1;03 and recorded Barnstable Deeds, Book 260, Page 285. nncurxninxr =inri.w=aisxr w I, George R. Agassiz, husband of said grantor, xtfm release to said grantee all rights of tenancy by the curtesy and other interests therein. Wtmeas our hands and seal 8 this 30t1a day of October 1942. ..............+............. ... .. ...�........... . •7•v . ,. :: e" 'r•a. •. f"tittliltl[II! ' .; r"'''$t�2tQ11r .y • '.N . O T . October i 30,I``•' d,,,� ` r 'TbA tpstaoaYllr vae� die tlbwe 'lQabsl Agassiz' . Y-� s t odadmo+Aleed tbi.forfawO P as andC.mty l� y lice 7 + N O T. N 0 T A N * -=mud= expim ......14901 O F F I C-I A L O F F I C.I. A L Baia - - - --P Y. n _ stable- se.,.Received January 26, 1943, and is reoorded. �» Fe, Tobn L. Hall and Richard C. Pero,, Trustees under Articles Tenth (1) and Tenth (2) of the will of Ruth S. Thayer, late of Lancaster in the Cotmty of Worcester and Commonwealth of Massachusetts and John L. Hall, Richard C. Paine and William Dexter, Trustees under Article Tenth (3) of said- Rill,_ - by power conferred by the will of said Ruth S. Thayer, ;n for - - - - - - _ _ _ - and every other power, ONE HUNDRED ($100) - - - - - - _ - Dollars Paid. grant to Annie W. Darling, wife of H. Raymond darling, of -Yarmouth, tbtkM*z Barnstable County, Massachusetts, An undivided one-third interest in a certain parcel of land situated ih the Village of Yarmouthport in said Yarmouth, bounded and clescribed as fol- love: Beginning at the Northwest corner of the premises and running east Fifty-five (55) feet to laud formerly'of Louisa C. Hallett, bounded -on the North by the State Highway; thence running Southerly one hundred se�,enty (170);fset bounded on the East by land formerly of said Louisa C. Hallett; theng6,�-running Easterly thirty.(30) feet bounded on the North by land for- 7' endataisa C. Hallett; thence running Southerly sixty -.two (62) f~t ?ioa isn` t3ie `Ptast by lance' formerly of said Louisa C. Hallett; �• d13 e-k ing WeBaterly seventy-five (75) feet, boun&A on the Scut& by } la d.:kow,:6 MIL 61 S. Agassiz, formerly of Simpkins; t4*nee running Northerly s': t o di r` �J �w-''(232• feet to the pol.nt of beginning, bounded an the West by land of Darling, formerly land 'of Horatio.Ryder. Being.,thse,.-premises conveyed to Ruth S. Thayerj Mabel Agassiz and f1. $itahie §Lwpk7.ns by deed of Ansel Hallett, Administrator, dated Febru- o'Y. , 2, 2903 and reoorded Barnstable '3ieds, Book 260, Page 265 - Par title reference see probate of Rotate of Ruth S. Thayer, Worcester. County Probate Court Docket No- 13201$, My 493 153 Route 6A (Map 122, Parcel 126) 153 ROUTE 6A Location 153 ROUTE 6A Acct# 14453 Assessment $123,100 Building Count 1 Current Value Mblu 122/ 12611 / Owner TATIBOUET GROUP ATLANTIC LLC PID 14453 .-.- .................. _........ _.... Assessment Valuation Year Improvements Land Total .......... ..- ....... . ....... --- - .................... .... .... .. ---- - 2022 $76,600 $46,500 $123,100 Owner of Record Owner TATIBOUET GROUP ATLANTIC LLC Care Of Address 2929 PONI MOI RD HONOLULU, HI 96815 Ownership History Sale Price $208,000 Certificate Book & Page 32347/119 Sale Date 10/02/2019 Instrument 1V Qualified U Ownership History Owner Sale Price Certificate Book & Page TATIBOUET GROUP ATLANTIC LLC $208,000 ......... - - 32347/119 BASS RIVER DEVELOPMENT LLC $210,000 30789/0053 GOLNER JOSEPH H $100 30789/0049 KETTELL JENNIFER (PERS REP) $100 29906/0053 KETTELL JENNIFER (PERS REP) $100 29906/0052 Building Information Building 1 : Section 1 Year Built: 1830 Living Area: 1,845 Replacement Cost: $153,255 Building Percent Good: 50 Instrument 1V 1V 1F 1F IF Sale Date 10102/2019 09/2612017 09/26/2017 09/01/2016 09/01/2016 Replacement Cost Less Depreciation: $76,600 Building Attributes ............... ........ ... Field Description Style: StorestApt Corn Model Comm/Ind Grade 'Average +20 Stories: 12 ............. .............. ......._..... - ........ - ....... _.... ....... ... }. Occupancy i 2.00 Exterior Wall 1 Woad Shingle Exterior Wall 2 Roof Structure Gable/Hip Roof Cover AsphlF GlslCmp Interior Wall 1 Wall BrdfWood Interior Wall 2 Plastered Interior Floor 1 Pine/Soft Wood Interior Floor 2 Heating Fuel Gas Heating Type Hot Air -no Duc AC Type None Struct Class Bldg Use RETAIL K10K SF Total Rooms Total Bedrms 00 Total Baths 0 1st Floor Use: 0322 Heat1AC NONE Frame Type WOOD FRAME ................ ............... Baths/Plumbing AVERAGE CeilinglWall CEIL & WALLS RoomslPrtns AVERAGE Wall Height 8.00 ... .. Comn Wall 0.00 Building Photo (httpsJ/images.vgsi.com/photos2/Yarmouth MAPhotos/A00102k34\20.jpg) Building Layout (ParcelSketch.ashx?pid= 1 4453&bid= 15067) Building SUES -Areas (sq ft) Cade Description FUS Upper Story, Finished BAS First Fioor SPA Service Production Area FOP Porch, Open, Finished Legend Gross Living Area Area 630 615 600 141 1,986 630 615 600 0 1,845 Extra Features A Land Land Use Use Code 0325 Description RETAIL <10K SF Zone Neighborhood K Alt Land Appr No Category Outbuildings Valuation History Extra Features L�gggp� No Data for Extra Features Land Line Valuation Size (Acres) 0.13 Frontage 0 Depth 0 Assessed Value $46,500 Outbuildings No Data for Outbuildings Assessment Valuation Year Improvements 2022 $76,600 2021 $76,600 2020 $71,900 �._,... . Legend Land Total $46,500 $123,100 $46,500 $123,100 $37,400 $109,300 (c) 2022 Vision Government Solutions, Inc. All rights reserved. R t; 0 a a a E r a d a cr M Ln ri v a CL Q a. Bk 32347 Pg119 #48255 10-02-2019 @ 10:23a N O T N O T A N QUITCLAIM DEED A N O F F I C I A L O F F I C I A L BASS RIVER DEVELOPME $TYLLC, a Massachusetts 16&cYliability company, of 95 Route 6A, Yarmouth Port, Barnstable County, Massachusetts 02675,for consideration paid in the amount of TO(9HTUNDRED EIGHT THONAISR) DOLLARS ($208,000.00) grant to TATIBOUET GRWI ATLANTIC, LLC, a HaAdifir ited liability company, having a mailing SdhrcFsso f P l� 09 Nhi Moi ROaS Io duk hAvaii 96815, WITH QUITCLAIM COVENANTS, the land in Yarmouthport, in Barnstable County, Massachusetts. Beginning at the Northeast corner of the granted premises at a bound in the Southerly side line of the State Highway known as Route 6, at the corner of other land nvw or formerly of Salvatore L. Arieta et ux; Thence South by said last mentioned land 150 57' 20' West,100 feet; Thence South 19014'40' West 80.70 feet to land now or formerly of H_ Raymond Darling. - Thence by said last mentioned land North 55' 39' 50' West, 26.59 feet to other land now or formerly of said Darling; Thence by said last mentioned land North 15051' 20'East, 171.22 feet to the said highway; Thence by said Highway South 75' 54' 00'East, thirty (30) feet, to the point of beginning. There is appurtenant to the above described premises a right of way nine (9) feet in width over premises adjoining said above described premises on the East, as set forth and more particularly described in a deed of Salvatore L. Arieta et ux to Jean B. Cook, dated December 13,1947, duly recorded in Barnstable County Registry of Deeds, in Book 685, Page 366. For title see deed recorded with Barnstable County Registry of Deeds in Book 30789, Page 53. The street address of the property is:153 Route 6A, Yarmouth Port, MA 02675 [-M.SSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 10-02-2019 @ 10:23am Ctl#: 292 Doc#: 48255 Fee: $711.36 Cons: $208,000.00 BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 10-02-2019 @ 10:23am Ctl#: 292 Doc#: 48255 Fee: $636.48 Cons: $208,000.00 Bk 32347 Pg120 #48255 N O T N 0 T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N 0 T{ N 0 T Executed as'-1 Srjllekl fA-Unzeilt• this '�' day O F F I C I A L O'F F I C I A L C O P Y C O P Y BASS RIVET: DUYELOPMENT, LLC By: �IESS-E 1-I/•1OOPIAN Its Manager COMCti1C;7rt1' Eaki.1.1-1 OF MASSACI-IUSEUS Barnstable, ss 1t On this day of `-f XPx�?019, before me, the undersigned notary public, personally apI.earod JES5E HAGOPIAN, Manager of BASS RIVER DEVELOPMENT, LLC persorially known to a»c, or pr`71' �d to met t1irout.*,h satisfactory evidence of identification, wl-ich was 'tir lor's license 0 (other:) to be the person(s) whose narne(s) arc signed on the preceding or attached document, and who svvore or alfirnIQLl t(-) mQ ,lilt the rt,ntentG (If the document are truthful and accurate to the best or' knowledge and belief, and acknowledged the foregoing to lx his%hcrf their act and deed for its stated purpo' 5 N:ztarv. C My Commission Ex ims: [SEAL) Bk 32347 Pg121 #48255 N!.; O l�fi C'(�%7i�f72U%llllfll,'G! A N �� A N 0 F F�Sltge.zAG46Y�,, tw,01X; raw ARY C O P Y C O P Y William Fiancis Galvin secretary of the Commonwealth N O T N 0 T A N September 13, 2019A N O F F I C I A L O F F I C I A L TO WHOM IT MAY Cd):kP& C O P Y I hereby certify that a certificate of organization of limited Liability Company was filed in this office by BASS RIVER I)EVFI,OPMENT LLC in accordance with the provisions of Massachusetts General Laws Chapter 156C on September 29, 2014, I further certify that said Limited Liability Company has Filed all annual reports due and paid all fees with respect to such reports; that said Limited Liability Company has not filed a certificate of cancellation; that there are no proceedings presently pending under the Massachusetts Oencral Laws Chapter 156C, ti 70 for said Limited Liability Company's dissolution; and that said Limited Liability Company is in good standing with this office. 1 also certify that the names of all managers listed in the most recent filing are: JESSE HAGOPIAN I further certify, the names of all persons authorized to execute documents filed with this office and listed in the most recent filing are: JESSE HAGOPIAN, REBECCA HAGOPIAN The names of all persons authorized to act with respect to real property listed in the most recent tiling are. JESSE HAGOPIAN Processed By:KM'I' In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. � 1 Secretary of the Commonwealth JOHN F. bMADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED S RECORDED ELECTRONICALLY Bk 30789 V9 P�9 53 1r49 J06 09-26-2017 a 01 - 4` Pr N 0 T N 0 T MASSACHUSETTS STATE EXCISE TAX A N A N BARNSTABLE COUNTY RE61STRY OF DEEDS Date: 04-26-2017 a 01:42aa► O F F I C I A L O F F I C ICE Z1017 000r: 0006 C O P Y C O' P fee: $718.20 Cons: QIMOO.00 BARNSTABLE COUNTY EXCISE TAX N O T N O T BARNSTABLE COUNTY RE61STRY OF DEEDS A N A N Date: 09-26-2017 a 01 :42vm O F F I C I A L 0 F F I C ICE t- 1017 Doc: 4?006 FA:�$E42,60 Cons: $21vor000.00 C O P Y C O P Y DEED KNOW ALL MEN BY THESE PRESENTS that JOSEPH H. GOLNER, of Jamaica Plain, Suffolk County, Massachusetts, for consideration paid in the amount of TWO HUNDRED TEN THOUSAND DOLLARS ($210,000.00) grant to BASS RIVER DEVELOPMENT, LLC, a Massachusetts limited liability company, of 95 Route 6A, Yarmouth Port, Barnstable County, Massachusetts 02675, WITH QUITCLAIM COVENANTS, the land in Yarmouthport, in Barnstable County, Massachusetts. Beginning at the Northeast corner of the granted premises at a bound in the Southerly side line of the State Highway known as Route 6, at the corner of other land now or formerly of Salvatore L. Arieta et ux; Thence South by said last mentioned land 150 57' 20' West, 100 feet; Thence South 19' 14'40' West 80.70 feet to land now or formerly of H. Raymond Darling; Thence by said last mentioned land North 55139' 50* West, 26.59 feet to other land now or formerly of said Darling; Thence by said last mentioned land North 15" 51 ' 2d East, 171.22 feet to the said highway; Thence by said Highway South 750 54' 00'East, thirty (30) feet, to the point of beginning. There is appurtenant to the above described premises a right of way nine (9) feet in width over premises adjoining said above described premises on the East, as set forth and more particularly described in a deed of Salvatore L. Arieta et ux to Jean B. Cook, dated December 13, 1947, duly recorded in Barnstable County Registry of Deeds, in Book 685, Page 366. ILI Bk 30789 Pg54 #49006 Being the same p4r&el conveyed by deed of MilYreR ETKettell to Mildred E. Kettell and Marjorie Kettell Golnei, Acorded with Barnstable Re iftrj�Df Deeds in Book 3183, Page 332. O F F I C I A L O F F I L I A L C O P Y C O P Y Mildred E. Kettell died on November 10, 1980, and Marjorie Edythe Kettell (a/k/a Marjorie Kettell, Marjoa K@ttRl Golner) died on OctobeiNl ?D, 2W15. For Grantor's title, see deeds recorded with Barnsfitb* Registry of Deeds in Book A 93, Page 332, and the Estate of Marjorie Edythe KetWe11(aAd;CMbrjbri�Kettell, MQjdfieEKd tcl GolAerN Suffolk Probate No. SU16P0205EA. C O P Y C O P Y Executed as a sealed instrument this 0 day of September, 2017. /-4- JosepTi H. Golner COMMONWEALTH OF MASSACHUSETTS Suffolk County On this 13 day of September, 2017, before me, the undersigned Notary public, personally appeared JOSEPH H. GOLNER, proved tone through satisfactory evidence of identification, being (check whichever applies): ✓ driver's license or other state or federal governmental document bearing a photographic image, oath or affirmation of credible witness known to me who knows the above signatory, or my own personal knowledge of the identities of the signatory, to be the person whose name is signed above, and acknowledged the foregoing to be signed by him voluntarily for its stated purpose. •' 'rgRY P�'' — , Notary Public My Commission Expires: P1il !2 e 23 Qualified in the Commonwealth of assachusetts jag\GolneMate 147 and 153 Route 6AVoeDEEDI Moute6A BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register -2- A N A N Mildred E. IWt4i1C C O Y86 pz. aO F C O P Y 271f' N O T N O T A N A N of "I�JI,�� • y13E11(XJa Y�E'`fi4nu�, M�su►ehuGs in conwidcration of . o0C O P Y C O P Y Sant to Mildred E, gettell and Marjorie getteli Golner as joint tenants and not tenants in command of -he Re00E oDaeeSs. of with Otrinim c tenard* the land in Yarmouthport, in Barnstable County, Massachusetts. Beginning at the Northeast corner of the granted premises at a bound in the Southerly side line of the State Highway mown an Route 6, at the corner of other land now or formerly of Salvatore L. Arieta et ux; Thence South by said last mentioned land 15° 57' 20" West, 100 feet; Thence South 190 14' 40" West 80.70 feet to land now or formerly of H. Raymond Darling; Thence by said last mentioned land North 550 39' 500 West, 26.59 feet to other land now or formerly of said Darling; Thence by said last mentioned land North 150 51' 20" East, 171.22 Peet to the said highway; Thence by said Highway South 750 541 00" East, thirty (30) feet, to the point of beginning. There is appurtenant to the above described premises a right of way nine (9) feet in width over premises adjoining said above de- scribed premises on the East, as set forth and more particularly described in a deed of Salvatore L. Arista at ux to Jean B. Cook, dated December 13, 1947, duly recorded in Barnstable County Registry of Deeds, in Book 685, Page 366, For my title see deed of Russell R. Akins and E. Louise Akins, dated Marcc15, 1954, duly recorded with Barnstable Registry of Deedi Exec0uttcdgaa68i teistrluuamlent this loth day of October 19 $0 xtv &Mttxvnisv tt of At¢0=4„lettz Barnstable, W. October 10, .i 1980 Th- math' APP—ed the .cove wamcd I r f 1d.rC oL F 4i tf e I[ and acknowkdged the foregoing instrument tobe her free as and deed, My wmmipion spire /F' 19P? RHORDED oc7 31 so Barnstable, 58., Received I.arch 15, 1954, and is recorded. Knetv all Umn U'!R- t got presents, 0 N . that the Middleborough Co-opomfivffi Bank of Midd wougA, Man., Ike InsIrtgages *am" in a eNvim0 T mortgage *on by ......... ...... .... ...... . .. . A N .... .. .. .. . ... ... Dated ble C I A is La. .795 . ......... hereby "kiwi" jVt i jas received full payment and szVacfan p y of the some, and in consideratim thereof a hereby Cancels and bbAmrsn said mortgage. -& tpau faknwf, the said Bank has caused its corporate s '&6 T "—"to GO'izgd and these Presents to be signed, acknowledged, and delivered in its Sam and behalf A N A N by- ....... . ... 0 F F I C I A 0 F 5� its Treasurer, this.. ja 4 1 C I A ... . .......... .. ... . ... . ..... d, Of A-D zq C 0 P Y C 0 P 8491W and sealed in rwoms of Middleborough BY Treasurer. of 0 Plymouth arch 75 Lit. ..19 Then personally appeared the GbQV@ nd's"d and -'knOWjP*#d the foregoing instrument to U the free act and deed of the Middleborough Co-operative Bank '8*f . ........ . Salary Public 30 Catom1mlon MmIrm Ma-ch 17, 55 Barnstable, 3S., 'Received March 15, 1954, and is recorded. anLf!. L!jui9�L&Jns husband a of -C. I i nt for consideration paid, grant to--21i1d=fLd--Z..j�AJ;t of NnrthAttleboro _ ttcrf�.--s—1 Coun— - -iiwi�HS-STFOr with warazt;p couenwil* sixi -si t�u �tgd in the Town oL_Yarmouth, in thaft iLi_ Barnstable County, '&ssaLljusetts Beginning at the Northeast corner of the granted premises at EL bound in the Southerly side line of the State Highway known as Route 6, at the corner of other ;,and now or formerly of Salvatore L. • Arleta et ux; thence South by said last mentioned land 15057120" West, 100 feet; thence South 19014140" West 80-70 feet to land now or formerly of H. Raymond ,Tarling;.. Z �$Ba; I. 182 M thence by said last mentioned land North 55039150" .'test, 26-59 Pe�t to other land now or formerly of said Darling; thence by said last mentioned land North 15051-12011 East 171.22 feet to the said highway; the -ice 'by said Fib wadi 5nuth '75054'00"- East, thirIj 630�, feet, to the point of beginnin, V There is appurtenanA tN the above described nrernise& eNriaht of way nine (9) feet in width over premises sdjoinir_^ said above descrii,ed promises on thq jZt� al Set JcrAh Ind more D&0biEal�lj d-sclilAdjjn a deed of Salva ore L. rieta et ux to Sean T?. Cooke, dated December 13, icIL7, duly recor&ddnp3e2nstable County Registr00 D�ed� in Book 1a,5, Pane 366. y , For my title see deed of Jean a. Cook to Russell R. Akins and E. Louise Akins, dated October 9, 19145, duly recorded with Barnstable County needs, Rook 7:M, ®a f , go. N O T 39tmns-.._-,:.�.1x._._.handsand sea8 thisiiLday Gra1 P. Y----�95. Ci;¢ (Ax1m ttlRtril f9U4 of iiittxtszrllttulls "hen personally appeared the above and acknowledged the foregoing instrument to br_—Pc—c----�,;_frce act and dsed, eforc me i Netari. lie - -- LLemmr.loo -..7--.l�,s 5 I L� •Ef,F CIf F� � J t '� � EprkF �.�¢` r�)4'' yy'•k s..�.+'S.:irorae �{, � ..�I L �� � � f s c�uaia rsl� •_ - `r• M1le11lEOEEO r%el N. I r uz+l tit e Barnstable, ss.. Received March 74. i 0ru. —A 4 . 705 ao be the free net and deed of the Md�dIaba orrgh Co-nurrul:tn Rnnk before Ike-- + , %. � [�• ...jLC.e✓dff_,................''__4'.�,v�.....:..�:]:�Ct._._...._ ".. 90 J�a N O T t` nj rieba{e h - . My camnli{tlat] Expires-' el/?VOU A N A N BarnstabQ, Fsj. &cQv;d &trober 14. 194b, Fang' iil rQo1dea. L . NOT NOT _....._. w _..__..._ _...._.__....__._........................._...._..._......._._ __...._ .. A N A N O F F I C I A L h F T 7 n r ' of ....._ROf3teQS1s.-.... ... ...._._..,._...,_._....,.,..._ being una )wnied, tar cc:videratiC j,Q g—kt X ..Russell.-R.,, Akins and.,..Q. QUPseyAkine,. Aus. AAd....and._wifa.....es..Lensnts__by_the_entirety, both ..... �. e _..._._....._.........................oi_.._G11axGA,.•.0A�3d0.LZCxlt.y._,.......,,_....._.._._..._ with tuermttlg raDraanfs . ........... ...... .... ,......... ,...... .,.... ,........_._ _,._.._ -.,,.. __......,...._.......__.....,.......... ..... ._....._._.__....... _ .._.. 1f,'.` _.e._.c.ertain__es.tate._.aituatad_..in the ...Town .oi_Yarmouth.in..th.at _. ,• i part known as Yarmouthport, in Barnstable County, Massachusetts; Beginning at the Northeast corner of the granted premises at a point in the Southerly side line of the State Highway known as Route 6, at the corner of other land now or formerly of Salvatore L. Arieta et ux; Thence South by said last mentioned land 150 57' 20" West 100 feet; Thence South 190 14' 40" West 80.70 feet to land now or formerly of , H. Raymond Darling; Thence by said last mentioned land North 550 39' 50" West 26.59 feet to other land now or formerly of said Darling; Thence by said last mentioned land 150 51' 20" East 171.22 feet to the State Highway; Thence by said Highway South 750 54' 00" East 30 feet to the point of beginning. There is appurtenant to the above described premises a right of way nine (9) feet in width over premises adjoining said above described premises on the east, as set forth in and more particularly described in dead of Salvatore L. Arista et ux to me,dated December 13, 1947, duly recorded in Barnstable County Registry of Deeds in Book 685, Page 366. For my title see said deed of Salvatore L. Arista et ux to me, dated December 13, 1947, duly recorded as aforesaid in Book 685, Page 366. ,v 1 e �. re r N O T y A N A N Mrwits...... MY., --.,.,hand and seal ihtc- iV '1'__..__ day nF N9._4. A N.._. �[ ....... ?7 . A.... .. .._._.......__...- --•--•---•------.____.__..................._._0... F_...F I C--.L....A-_L......... ---•---.-.-.-O F F I C I A 9r Tst =narralth at lsamrllusrl3r, C O P Y C O P Y .October...--L"-._.... - 19 48. Then personally appeared the above .... ...._....... ----.... t� and acknowled cd the fort ping instrument to be. -hat .........ireL act and deed, before me XF c-1..1.a -ot«._. L.:k!��...'If Barnstable, ss., Received October 14, 1948, and is recorded. We, Russell R. skins and E. Louise Akins, husbarri and wife as tenants by the entirety, of Clinton, Connecticut xxCMf TM4AM AW being=marricd, for consideration paid, grant to the ,13iDDLLSOROUGH CO.0PCR.1 P.1E BANK, situated inl?14teb�z QL> _, _ P]-'—Outh.. -, _County, hlassach:isctts, avidt iJlORTG.�GE COVE]\ANTS to secure the payment of .... THOUSAND-- _Dok Ea in or within twelve years from this date, with interest titercon s9L'f�`X3�9L^r3fYYxx�[Y7fY7ej�',�jSp;;CX *XaCaUMSlCpaya6lc in mo ndhly installments o xY. xx7rxxx on the —f 0=t0-Er' aC--•— of each month hereafter. which payments shall first be applied to interest then due and the balance th^reof remaining applied to principal; the interest to be computed mond,ly in advance on the unpaid balance. together with such fines on interest in arrears as are provided for in the by-laws of acid bank; with tltc ri,-ht to make additional payments on account of said principal sum on any payment &to, oll as provided in rntr - --note of even date, the Jana, with the buildings thereon, situated in Yarmouth, Barnstable County, MassschuSS t t S in that part called Yarmouthport, bounded and described as follows: Beginning at the Northeast corner of the granted premises at a point in the southerly side line of the State Highway known as Route c at corner of other land now or formerly of Salvatore L. Arieta etux; thence south by said last-mentioned land 15e 57' 20" West 100 feet; thence South 19° 141 40" West 80.7o feet to land now or formerly of H. Raymond Darlln$;_thence by Said. last -mentioned land North 55' 39.' 50" ;� I 143 Route 6A (Map 122, Parcel 128) 143 ROUTE 6A Location 143 ROUTE 6A Acct# 14357 Assessment $548,300 Building Count 1 Current Value Mblu 122/ 128/ / / Owner DAVID STEVEN PID 14357 Assessment - Valuation Year Improvements land Total _.... - ....... 2023 $325,fi40 $222,700 $548,300 Owner of Record Owner DAVID STEVEN KHAEWKHLIM KRYZ C Care Of Address 143 ROUTE 6A YARMOUTH PORT, MA 02675 Ownership History Owner DAVID STEVEN ROYAL CAROL WELD GRANT VALERIE MCALUSTER JOHN J WILLOW STREET FEED & GARDEN STORE INC Future Owners Owner Sale Price Certificate DAVO STEVEN $725,000 Building Information Sale Price $725,000 Certificate Book & Page 35227/51 Sale Date 07/01/2022 Instrument 00 Qualified Q Ownership History Sale Price Certificate Book & Page Instrument Sale Date $725,000 35227/51 00 07/01/2022 $370,000 33034/162 1 U 06/30/2020 $3901000 29469/0236 00 02/24/2016 $232,500 1 25983/0067 1H 01/06/2012 $295,000 ! 13649/0275 00 03/20/2001 Ownership History Book & Page Instrument Sale Date 00 I 07/01 /2022 Building 1 : Section 1 Year Built: 1830 Living Area: 1,884 Replacement Cost: $351,065 Building Percent Good: 91 Replacement Cost Less Depreciation: $319,500 Style: Model Grade Stories: Occupancy Exterior W< Exterior W. Roof Struci Roof Covei Interior Wa Interior Wa Interior Floi Interior Fla Heating Fu Heating Tyl AC Type Struct Clas Bldg Use Total Room Total Bedm Total Baths 1 st Floor U HeatlAC Frame Typ( Baths/Plum Ceiling/Wal RoomslPrtr Wall Height % Comn W Building Attributes Field Description �Store/Apt Historic Commllnd Average +20 1.5 1.00 III Wood Shingle II 2 Lire Gable/Hip AsphlF GIs/Cmp I 1 Wall BrdlWood 12 Drywall/Sheet )r 1 Pine/Soft Wood )r 2 Carpet ?I Gas se Hot Water None _ RETAIL a10K SF� ` s 09 is 03 2.5 se: 0340 NONE WOOD FRAME bing AVERAGE CEIL & WALLS s AVERAGE 8.00 311 0.00 .............................................................................. 1 Building Photo (https:l/images.vgsi.comlphotos2lYarmouthMAPhotos11100102\13\ 11.j pg ) Building Layout (ParcelS ketch.ashx?pid=14357&bid=14964) Building Sub -Areas (sq ft) Lggend ! Gross LivingArea Code Description Area BAS First Floor Half Story, Finished 1,285 -6,00 1,285 - 300 FHIS FUS Upper Story, Finished 60 160 . .... ........ . ..... Attic, Expansion, Finished _1 398 139 2,443 1,8841 Extra Features Extra Features ... . .... .. .. . . ... .. . ......... ......... . . ......... . . . .... . Code Description Size FPL2 1.5 STORY CHIM 1.00 UNITS FPO EXTRA FPL OPEN 1.00 UNITS Land Land Use Use Code 0325 Description RETAIL <10K SF Zone Neighborhood K Alt Land Appr No Category Outbuildings Code Do SGN2 DOUBLE SID SHP1 WORKSHOP Valuation History 2023 2022 2021 Land Line Valuation Size (Acres) 0.31 Frontage 0 Depth 0 Assessed Value $222,700 -------- -- -- Legend Value Bldg # $2,300 1 . ... . ..... .... .... $700 Outbuildings Lmgln � .. . . . . ... . ......... ............... ....... .. scription Sub Code Sub Description Size Value Bldg # ED 10.00 S.F.&HGT $200 1 . . . . . . . . ............................... ... ......... .. . . ..... . ..... .. . .. .... ...... . ........... ... ..... AVE 384.00 S.F., $2,900 1 Assessment Valuation Year improvements Land Total $325.600 $222,700 $548,300 $167,300 $173,600 $173,600 $360,900 $157,000 $330,600 (c) 2022 Vision Government Solutions, Inc. All rights reserved. Bk 35227 Pg51 #33876 07-01-2022 @ 12:39p N 0 T N 0 T A N A N O F F I C I A L O F F I C I A L C O P Y C 0 P Y N A 0 N T QUITCLAM DEEDA0NT I, CAROL t44LAbe'ling unmarri�, Lt4 z 3b, Yarmouth Port, MA 02675, for consideration of SEVEN HUNDTBNTY-FIVE THOUSAND 1?� DOLLARS AND NO/ 100 ($725,000.00) grant to ST'EVEN DAVID and KRYZ CHAIRAUCH KHAEWKHUM, of 143 Route 6A, Yarmouth, MA 02675, WITH QUITCLAIM COVENANTS, The land together with the buildings thereon, situated in Yarmouth (Yarmouthport), c Barnstable County, Massachusetts, bounded and described as follows: a� Beginning at the Northwest corner of the premises on the Southerly sideline of Main 0 o Street or Hallett Street, so-called, at land formerly of the Heirs of Randall Hallett; a Thence by said Street, Easterly, sixty-five (65) feet to the Northeast comer of the granted premises; Thence by land formerly of Ebenezer Hallett, Southerly, two hundred forty-two (242) feet to the Southeast corner of the granted premises; W Thence still by land now or formerly of said Ebenezer Hallett, Westerly, forty-four (44) feet to the Southwest corner of the granted premises, the same being on the land of said land formerly of the Heirs of Randall Hallett; 0 44 Thence by said land formerly of the Heirs of Randall Hallett, Northerly, two hundred forty-two (242) feet to the point of beginning; containing 48 V2 rods. Grantor hereby releases any and all homestead rights to the within premises, whether created by declaration or operation of law, and further states under the pains and penalties of perjury that there are no other individuals entitled to homestead rights to the property being conveyed herein. For Grantors' title see deed recorded in the Barnstable Registry of Deeds at Book 33034, Page 16Z Property Address:143 Route 6A, Yarmouth, MA 02675. MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 07-01-2022 @ 12:39pm Date; 07-01-2022 @ 12:39pm Ctl#: 401 Doc#: 33676 Ctl#: 401 Doc#: 33876 Fee: $2,479.50 Cans: $725,000.00 Fee: $2,21a.50 Cons: $725,000.00 Bk 35227 Pg52 #33876 N O T N O T A N A N O F F I C I A L O F F I C I A L WITNESS my hand a�d PeA thiL das y of IT# AGPO P t22. N O T N O T A N A N O F F I C I A L F F I �., C Q �A, L C O P Y (F I `� CAROL WELT? ROYAL COMMONWEALTH OF MASSACHUSE'TTS County of Eawrv5lab On this t _ day of &Q?= 2022, before me, the undersigned notary public, personally appeared, CAROL WELD ROYAL ❑ personally known to me, or proved to me through satisfactory evidence of identification, which was 0 driver's license ❑ (other:) to be the person(s) whose name(s) are signed on the preceding or attached document, and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of her knowledge and belief, and acknowledged the foregoing to be her free act and deed for its stated purpose. %,%IIII � •�', SARYp� A0s I Notary P lic 0 : My Commission Expires.- [SEAL] S ':Ot c`:lplflc��'4�J7; JOHN F. NEADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED 6 RECORDED ELECTRONICALLY N O 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 A L C O P Y Bk 33034 Pg162 #32034 06-30-2020 @ 03:37p N 0 T A N O F F I C I A L C 0 P Y N 0 T A N O F F I C I A L C O P Y QUTTCLAIM DEED KNOW ALL IINIEN BY THESE PRESENTS that 1, VALERIIE GRANT, an unmarried woman, of 830 32°d Street N, St. Petersburg, Florida 33713, for consideration paid and in full consideration of THREE HUNDRED SEVENTY THOUSAND and 00/100 Dollars ($370,000A0), grant to CAROL WELD ROYAL, Individually, now of 143 Route 6A, Yarmouth Port, Massachusetts 02675, with QUiTCLAim COYENV,vws L L The land together with the buildings thereon, situated in Yarmouth (Yarmouthport), Barnstable L County, Massachusetts, bounded and described as follows: Z 0 �r Beginning at the Northwest corder of the premises on the Southerly sideline of Main Street or iHallett Street, so-called, at land formerly of the Heirs of Randall Hallett; 0 M Thence by said Street, Easterly, sixty-five (65) feet to the Northeast coiner of the granted premises; a C Thence by land formerly of Ebenezer Hallett, Southerly, two hundred forty-two (242) feet to the Southeast corner of the granted premises; MASSACHUSETPS STATE EXCISE TAX BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 06-30-2020 @ 03:37pm Date: 06-30-2020 @ 03:37pm Ctl#: 1436 Doc#: 32034 Ct1#: 1436 Doc#: 32034 Fee: $1,265.40 Cons: $370,000.00 Fee: $1,132.20 Cons: $370,000.00 Bk 33034 Pg163 #32034 Thence still by land now'8r ?bAerly of said Ebenezer Hah6p, Westerly, forty-four (44) feet to the Southwest comer Eof th &nIedAp Lmises, the o F bEeit he land of said land formerly of the Heirs of Randall Haipe ; P Y C o P Y N O T N 0 T Thence by said land formeRyIM the Heirs of Randall Halle* Nbrtherty, two hundred forty-two (242) feet to the p;irff off' b�gi&ing,AcAtaining 48 % dog. i C I A L C O P Y C O P Y I, Valerie Grant, the Grantor named herein do hereby voluntarily release all my rights of Homestead as set forth in M.G.L. Chapter 188, if any, and there are no other persons entitled to any such rights. For title see deed recorded in the Barnstable County Registry of Deeds in Book 29469, Page 236. FN Bk 33034 Pg164 #32034 N O T T SIGNED under the pains Adl�enalties of perjury this &%ay of li kl 2020. O F F I C I A L O F F I C I A L C O P Y C P Y N O T A N Valerie Grant A N O F F I C I A L O F F I C I A L C O P Y C 0 P Y S+c4+�- o-� R ov-i o4 cq On this.2 , day of �� , 2020, before me, the undersigned notary public, personally appeared Valer a Grant, and proved to me through satisfactory evidence of identification, being (check whichever applies): P,c river's license or other state or federal governmental document bearing a photograph image, ❑ oath or affirmation of a credible witness known to me who knows the above signatory, or ❑ my own personal knowledge of the identity of the signatory, to be the person whose name are signed above, and acknowledged to me that she signed the foregoing instrument voluntarily for its stated purpose and who swore or affirmed to me that the contents of this document are truthful and accurate to the best of her knowledge and belief. SEAL Subscribed to andorn before me Notary Public — My commission expires: 3 =BAERNotaryFloridaCom2i300My ires JOHN F. MEADE, REGISTER aARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY Qk 29469 Po2368743 02-24--2016 a 1 1 = 48a. MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 02-24-2016 a 11:48ara N O T N O T Ctlt: 422 Doc4: 8743 A N QUITCLAIM DEED A N Fee: $IP333.80 Cons: $350r000.00 O F F I C I A L O F F I C I A L C O P Y C O P Y We, JOHN J. NICALLISTER AND PAMELA C. MCALLISTER, husband and wife, of 143 Route 6A, Yarmouth Art',) MCA 026 75 N O T A N A N O F F I C I A L O F F I C I A L in consideration off-HRE4i&DRED NINETYTHOUSCANq) �330,000.00) dollars paid grant to VALERIE GRANT, Individually, of 341 NE 7TH Avenue, Delray Beach, FL 33483 with quitclaim covenants the land together with the buildings thereon in Yarmouth (Yarmouth Port), Barnstable County, Massachusetts, and being more particularly bounded and described as follows: Beginning at the Northwest corner of the premises on the Southerly sideline of Main Street or Hallett Street, so-called, at land formerly of the Heirs of Randall Hallett; thence by said Street, Easterly, sixty-five (65) feet to the Northeast corner of the granted premises; thence by land formelry of Ebenezer Hallett, Southerly, two hundred forty-two (242) feet to the Southeast corner of the granted premises; thence still by land now or formerly of said Ebenezer Hallett, Westerly, forty-four (44) feet to the Southwest corner of the granted premises, the same being an the line of said land formerly of the Heirs of Randall Hallett; thence by said land formerly of the Heirs of Randall Hallett, Northerly, two hundred forty-two (242) feet to the point of beginning; containing 481/2 rods. This conveyance is subject to a restriction running with the land that the premises shall not be used for a real estate office, without the written permission of Ross A. Joly, Sr. or Crystal Joly Weinert. BARNSTABLE COUNTY EXCISE TAX BARHSTABLE COUNTY REGISTRY OF DEEDS For Title see deed recorded in Book 25983, Page 67. Date: 02-24-2011 8 11:48am Colt: 422 Doc': 8743 Fee= $17053.00 Cons: $340000.00 Property Address: 143 Route 6A, Yarmouth Port, MA We hereby release any and all rights of homestead that we may have in the property and certify under penalties of perjury that no other person has the right to claim homestead exemption in the property herein conveyed. 10 Bk 29469 Pg237 #8743 N 0 T A N O F F I C I A L C 0 P y Executed as a sealed instrument this N O T A N O F F I C I A L C y ] J, ISTEIR Barnstable, ss N O T A N O F F I C I A L fa C 0 P Y � day of Feb., 2016. N O T A N O F F I C I A L C O P y PAMELA C. MCALLISTER THE COMMONWEALTH OF MASSACHUSETTS On this 23" day of Feb., 2016, before me, the undersigned notary public, personally appeared JOHN J. MCALLISTER AND PAMELA C. MCALLISTER personally known to me to be the persons whose names are signed on the precedin ent, and acknowledged to me that they signed it voluntar' or its stated purpo Daniel M. Creedon, Ili, Notary Public My Comm. Exp.: DANtEt M. CREEDONIIF. Holary Public COMMONWal-YN OF MASSAC;g19E%15 . tAy Qwvibssion EXPires' BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register Bk 25983 P967 0942 01--06-2012 a 09 2 58a N O T DEED N O T A N A N WILLOW STRELRf FEED IAlgbbARf)EN STOR2, F (F., i AsstaAU16ts corporation with a mailing address at 515 §at9or?Av'enue, South Yarrnouth,gA &6& for consideration of $232,400.0w N O T A N A N grant to JOHN J.10 AL7f19M inkPAMELA C.'R4& AT2RIh&b6d and wife as tenants by the entirety, with an Qd%R oYP.O. l3ox 431, East Fafm&tl?, �XA 02536 with QUITCLAIM COVENANTS, the land, together with the buildings thereon, situated in Yarmouth (Yarmouthport), Barnstable County, Massachusetts, bounded and described as follows: Beginning at the Northwest corner of the premises on the Southerly sideline of Main Street or Hallett Street, so-called, at land formerly of the Heirs of Randall Hallett; thence by said Street, Easterly, sixty-five (65) feet to the Northeast comer of the granted premises; thence by land £ormelry of Ebenezer Hallett, Southerly, two hundred forty-two (242) feet to the Southeast corner of the granted premises; thence still by land now or formerly of said Ebenezer Hallett, Westerly, forty-four (44) feet to the Southwest corner of the granted premises, the same being on the line of said land formerly of the Heirs of Randall Hallett; thence by said land formerly of the Heirs of Randall Hallett, Northerly, two hundred forty-two (242) feet to the point of beginning; containing 48 % rods. This conveyance is subject to a restriction, running with the land that the premises shall not be used for a real estate office, without the written permission of Ross A. Joly, Sr. or Crystal Joly Weinert. Property address: 143 Main Street, Yarmouthport, MA For title, see deed recorded at the Barnstable County Registry of Deeds in Book 13649, Page 275. WITNESS its hand and seal this 3 00.00SAZUS gsuo'3 91•S6L$ =aa3 D6 :4300 SOZ 0113 608s:60 a ZTOZ-W10 :aqu0 S0330 JO A818193S AitiM 310VISHM XVl 3519X3 31V1S S1139nROVSSW 0010094ZEU :suoo 910LZ9$ .883 M :T?00 90Z :17133 WD29:60 a ZTOZ-90-10 =81DO S0330 XV1 3S13X3 AiFNlfM S19VISHHVS day of January, 2012. WILLOW STREET FEED AND GARDEN STORE By: vid A. NYdgm&resident JoI {Nydaftr, Treasurer Bk 25983 Pg 68 #942 N O T N O T C&iI4ONWEALTH OF MASSA ASETTS O F F I C I A L O F F I C I A L Barnstable, ss. C O P Y C O P Y On this .3 day of Janitor 2612, before me, the undersikleq notary public, personally appeared David A. Nydam, Preside& aNd John Nydam, Treasurer, b&hl$ersonally known to me to be the persons whose naMe &Aigh4w; tlk pieceding or &&e% dbc &n&tNn� being duly sworn did say that they are the Presideig a9d TreYsurer, respectively, of W1 ilf6v-PS&et Feed and Garden Store, Inc.. and that said instrument was signed on behalf of said corporation by authority of its board of directors and David A. Nydam and John Nydam acknowledged said instrument to be the free act and deed of said corporation. ze� l' -L� — Ronald J. Seidel,' No Public My comm. expires: 06/01/2018 SKr �utrlk an� to s .err+ t, 2018, BARNSTABLE REGISTRY OF DEEDS Sk 13649 Pg275 *18064 03—c`�0--2001 0 12 s 10p N O T DE EI) N O T A N A N JOLY ENTL'RPWVSJNf:.Ga IplaAsaLhusetts corpongtion grind alprhicipal place of business at 143 Main Street, Yarmgptlpi x rt,*4A 02675 C O P Y for consideration of $29WW.Op N O T A N A N grant to WILLOV6 Sg'lWFF F,,FDAAT�D GARDE!6 *TIPRV, LN(i., jk 4pssachusetts corporation with a mailing address tt 535pStgion Avenue, South Yai&igyt* NA 02664 with QUITCLAIM COVENANTS, the land, together with the buildings thereon, situated in Yarmouth (Yarmouthport), Barnstable County, Massachusetts, bounded and described as follows: Beginning at the Northwest corner of the premises on the Southerly sidclinc of Main Street or Hallett Street, so-called, at land formerly of the Heirs of Randall Hallett; thence by said Street, I asterly, sixty-five (65) feet to the Northeast corner of the granted premises; thence by land formelry of Ebenezer I lallett, Southerly, two hundred forty-two (242) feet to the Southeast corner of the granted premises; thence still by land now or formerly of said Ibenezcr I lallett, Westerly, forty-four (44) feet to the Southwest corner of the granted premises, the same being on the line of said land formerly of the I leirs of Randall Hallett; thence by said land fonneriy of the I Mrs of Randall Hallett, Northerly, two hundred forty-two (242) feet to the point of beginning; containing 48 % rods. This conveyance is subject to a restriction running with the land that the premises shall not be used for a real estate office, without the written permission of Koss A. Joly, Sr. or Crystal Joly Weinert. Property address: 143 Main Street, Yarmouthporl, MA I -or title, see deed recorded at the Barnstable County Registry of Dceds in Boole 9803, Page 335. W1TNP,SS its hand and seal this .Z r *. day of March, 2001. JOLY ENP?RPRISES, INC. OF DEEDS "/�Ross A. Joly, Sr., # 01 ABLE. rr. 03/20/01 12:25P 0 w t300000 M2446 7C FEE SM8.90 �' . �r, •-` a J•- Ce. �' CA:-r o r .:. r-J CASH S IL 008 - 90 M- c' ¢. v_ 6. c �• �W c> c�• r_. rry C'7 ,cry bd i C . cx• i 1 - - w4 J; I a' ' -a l rn < raaa � C'a rri 1311 13649 P9276 0160&4 N O T N 0 T A N A N 0 F FCf)M—Mf)T*ftAIA'lI0]bv %iA1CW$EAT8 C O P Y C O P Y Barnstable, ss. March L��, 2001 N 0 T N O T Personally appeared the abRvffnamed Ross A. Joly, Sr., Pr%icgnt & Treasurer and acknowledged thCfopWhf �stfu%er� to be the fie qay 4ce4 oJR& Enterprises, Inc., before me C 0 P Y C O P Y Ronald J. Seidel, Npt ry Public My comet. expires: 07/02/04 ,--14 kNSTABLE REGiSYRY OF DEEDS -14 BP109803-0395 85-08-16 1002 #041159 N O T DEED N O T A N A N We, ELLIOT jAF CA*Wly aAd 90RINNE 8 VAN1` CKihuabad and wife, as tenants by the entirety, both of 19(�Vi atberry Road, Colonial 4 crpa, �ilgnmont, New York 12077, for consideration paid, and in l consideration of $ 150,000.00, grant to: JOLY ENTER,IAS , INC., a Massachusetts Wr8or�ption with a usual place of business at 3231 Main S r t arnstable, Barnstable Count+, Massachusetts 02630, with 4-QUITCLAIM COVE0 FF F�I C I A L O F F I C I A L the land, together with fheiiubdiligs thereon, situated in Jaropt�i (Yarmouthport), Barnstable slz�.County, Massachusetts, bounded and described as follows: 3 Beginning at the Northwest comer of the premises on the Southerly sideline of Main Street or = Hallett Street, so-called, at land formerly of the Heirs of Randall Hallett; thence by said Street, Easterly, sixty-five (65) feet to the Northeast corner of the granted premises; thence by land formerly of Ebenezer Hallett, Southerly, two hundred forty-two (242) feet to the t Southeast corner of the granted premises; thence still by land now or formerly of said Ebenezer Hallett, Westerly, forty-four (44) feet to the Southwest corner of the granted premises, the same being on the line of said land formerly of the Heirs of Randall Hallett; thence by said land formerly of the Heirs of Randall Hallett, Northerly, two hundred forty-two (242) feet to the point of beginning; containing 48 1/2 rods, Being the same premises conveyed to us by William E. Covill, Jr. et ux by deed dated October 12, 1973, duly recorded with Barnstable County Registry of Deeds in Book 1950, Page 47. WITNESS our hands and seals this 3 i'l-day of August, 1995. _ n - -i 2 : SPX 1 0 1J - i 1 4�0 Elliott A. Carlson µ + Corinne A,Carlson THE COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. � 3 � 1995 Then personally appeared the above named Elliott A. Carlson and Corinne R. Carlson and acknowledged the foregoing instrument to be their free act and deed, before me, X u C . �,Ivw.l Notary P tic My Commission expires: , r7 � Mo m `' to (A �� p, rn X w W M c 06 �, o BARNSTABLE REGISTRY OF DEEDS aoiid950 FAu 047 N O TK,ra-akv-srr• ourrcL^lm osso rporvlo*'K)No'fbRm) Yl A N 3191SO O F F I C I A L TT C I.& L We, WILLIAM E. COVILL, (JRE) apd VERTRUDE E. COVIL , u4a d , as tenants by the entirety, both o 143 Main Street, Yarm uit ), 1W N O T Barnstable CouNy,?5-, 11 thusctts, MapoewArW, for consideration p� d, �m Q ] cgnsidcratjon of $53 , dD . F FiYI vVC I A L g..Wto ELLIOTT A. CARLSONQn4j) CDRTVNE R. CARL.SON, husbanCaro V#fy, as tenant by the entirety, both of 19 West Bayberry Rd., Uk Colonial Acres, Glenmont, State of with quMtatw raMutdd New York (12077) thL42chb1K (D—ripeioo wd ew=Lraacw, if my) the land, with the buildings thereon, situated in Yarmouth (Yarmouth Port), Barnstable County, Massachusetts, bounded and described as follows: Beginning at the Northwest corner of the premises on the Southerly sideline of Main Street or Hallett Street, so-called, at land formerly of the Heirs of Randall Hallett; thence by said Street, Easterly sixty-five (65) feet to the Northeast corner of the granted premises; thence by land formerly of Ebenezer Hallett, Southerly two hundred foxty-two (242) feet to the Southeast corner of the granted premises; thence still by land now or formerly of said Ebenezer Hallett, Westerly forty-four (44) feet to the Southwest corner of the granted premises, the same being on the line of said land formerly of the Heirs of Randall Hallett; thence by said land formerly of the Heirs of Randall Hallett, Northerly two hundred forty-two (242) feet to the point of beginning; containing 48r rods. Being the same premises conveyed to us by deed of Katherine L. Gourley duly recorded with Barnstable County Registry of Deeds in Book 956, Page 436. COMMONWEALTH OF PAAS$A(:!,'J5'..fTS o MIMI (6Ladiridual — Joint Tc aoo — Tenants in Cnmmon—Tcuntt by the Entirely.) PAGE 048 N 0 T A N A N 0 F F I C I A L 0 F F I C I A L c 0 P Y c 0 P Y N 0 T N 0 T A N A N 0 F F I C I A L 0 F F I C I A L snow ...s?m;:........ldull& and '&&JP-Y. ...... .............day of O.&A.A.M77.3., ...................................... ........... I ................. ...✓ William E. covi 1 jr ............................................................................ E. Covi-I - i ........ ............... . . .............................. .... ........... ........................................................... Mkt gmumumal* A A6wu#nWb Barnstable, SL OC-AL,'t- 17-- 1973 Then perumaUy appeared dw above named William E. covill, Jr. and Gertrude E. Covill and acknowledged the imeSWaginxnunewtobe their free act mad deed, before me I -A 7, RECORDED nfT121973 CHAFM 183 W- 6 A3 AMMM BY CHAP= 4V OF L90 Swr &W - at hi" emloywd vm k & &4 maw, msWum and pm offim 6&bm of dw mmaw and =fw nmd " wam' the fin cmuidamm dwrect m dollm at the aimm of the Aw awaklmadon *aefay if am fm a *W& waacawy == Tim fob aowWcn&n " == do wal palm fw the aw"Yaw wkb= deduam Mr am Him at --J-- tamed by the Peow cc naWaIng A— AU web wdaaaemrm and ndW, 6d be minded as pen of the do& FLIbm to amply wM " = affaz the vsdft of my dftL D& m*lm of dmb " sarp & dud foe mmedio8 ad = k Is In oompliwm wkb Kbe mvkmwm of we swica. 96. 43 b Y i Ulpt OTautatmuaeaft4 of rlFaertUs - _ Bar s N O Z ...... .... _ ................October 22 ig56, .N....O.... t............. Then personally appeared thn amed..................................................................... ................... Stephen ae ...daad...8�atr. 0....F,....F ...I.......?...� �r..an�l.o.....I.....A....L.... and admowtedged the foregoing.+pstrxt T top their {� act and deed, befr re P Y .. N H�et;'ldegathX n' Sp3asey aNWWAW , 7uRT of t6 Pnm... bar O F F I C I A L O F F I C I A L tg Qs Barnstable, sEC, Geal-Xd October 22, 1956, aAcayrded. I, Katherine L. Gourley, of Middlesex co", Massachusetts being Mrnarried, nor copsideration paid, grant to William E. COvIll , Jr, and @arsru.ce .1, ovill, husband end wife, as tenants by the entirety, lboth of `,eat Hartford, Connecticut, X*x with 4narItttma rt7Vtltt[ittD the landic , wit}: the buildin•-s tbareon, siturte in Yarmouth (Yarlr (Daeeiptioo tad meunpy,mca, if ap,) outh rort), Barnsttzble County, l,Fasacausetts, bounded and described as follows:- _eginninS at the Northwest cornsr of the premiaes on the !" Southerly sideline of Main Street or Hallett Street, so-called, at .r lane formerly of the heirs of Randall Hallett; thence by said Street, Easterly sixty-five (65) feet to the :or-t;'east corner of the ?ranted ,orenises; thence by land formerly of Ebenezer Hallett, Sot?,?'.iierly two hun- dred forty-two (2L2) feet .to :-he Soutaeast corner of the nranted prerri.ses; thence still by land no,.,., or formerly of said Ebenezer Hallett, Yesterly forty-four (t ) feet to the Southwest corner of tie granted Pre.risas, the sarn,a bein7 on the line of said land fonlierly :;f the hears Of RwIdall Hallett; thence by said land formerl of the heirs of Rem Ball Hallett, ?;ort„erly V.-to hundred forty-two (92) feet to the point of b:,Sirizin_;; containing t;.ui rods, ein, to-c same )reni.ses conveyed to me by Janes R. Har.rPaves =t ux, by deed dated October 11, 1�49 and recorded with ISnrn^table County ne�iatry of Deeds, Book 731, L'E. e 572. I, Edwin L. i?ourley, husband of said grantor, Katherine L. Gourley c release to said grantee all rights of t bq they and other interests therein. Uitttm-oar.....hands andy Octooer sea9 this.......,.... .....da of ................... r.%..............14...56 #f ` fir ...... .......... /............... .......... qz T==WWWa1* af 05611 Barnstable, T October Z.2 1956 N Then personally appeared the above named0 Katherine L. Gourley IN 0 T A N A N and adcnowledged. the 'orego�n&&s'?-'F' '1'>--C 'of A Tr- so and "e�l- r I C I A C Ed�ifi S. --- Nau Absc- My amuoiWon expires November 10, 19 62 0 T A N C I A L 0 F F I C I. A P y C 0 P y -r Ts US EXCIS cl� 2. go 2 . Cr Barnstable, as., Received October 22, 1956, and is recorded. Alq'e. _'4 1 _: L I AL ... E--c') tenari ts. b.7. the ;j aS t .......... ...... .. ..... ....... r ......................... . ............ ­­r ......... ..... l7eiWx2LXxAkxft3i1i, for consideration paid, grant to THE FIRST NATIONAL BANK OF YARMOUTH, a Federal Banking Association, having its principal place of business in that part of the Town of Yarmouth known as Yarmouthport, Barnstable County, Massachnaet% . r. r .. ..... ... ­.. -.1r. ........... r ........ ... .. ..................... ­11 ............... ............... -1- 1 ......... ..... with MORTGAGF, COVENANTS, to secure the payment of .......... . . ----------------- 7.7 7: -Dollars ............... ...... ...... payable ............ . L ........ .. ... .. as provided in .......our.....-,..... note of even date, signed b7 ................ ........ ........... the land, with the buildings thereon, situated in Yarmouth (Yarmouth Port), 3arnstable County, Massachusetts, bounded and described as follows: - Be( -inning at the Northwest corner of the premises on the Southerly side line of Yjain Street or Hallett Street, so-called, at land formerly of the heirs of Randall Hallett; thence by said Street, Easterly sixty-five (65) feet to the Northeast corner of the granted premises; t lience by land formerly of Ebenezer Hallett, Southerly two hundred fort-y-two (242) feet to the Southeast corner of the F.ranted premises; thence still by land now or formerly of said Ebenezer Hallett, l...'esterly forty-four (44) feet to the Southwest corner of the granted premises, the same being on the line of said land formerly of the heirs of Randall Hallett; thence by said land formerly of the heirs of Randall Hallett, northerly two hundred forty-two (42) feet to the point of beginning. 731 572 the gattrlsim raarsaws A (Waiption and encumbrances, if any) 7C'._.-7:7.._._..—.--,,..,_....—._ Beginning at the Northwest com�ner of the r i� sC] nni��V,,th S��Qput�herly sideline of htbirFS 'refit 6x $aAeiii Strset , - llced�a't' l nd'f merly of the heirsQf a�da Hallett; �+ O p Y thence by said r t, E sterly sixty-five (b5)—feet to the North - granted east corner of the granted premises;. thence Lby land formerly of Ebenezer llallett, Southerly tf:o hundred forty-t.ro (242) feet to the Southeast corner of the granted premises; thence still by land rou or formerly of said Ebenezer Hallett, Jesterly forty-four (...) feet to the Southwest corner of the granted premises, the sane beir_.,- on the line of said land formerly of the heirs of Randall Hallett; thence by said land formerly of t_e heirs of andall i:allett, Northerly two hundred forty-t.,o (21E2) feet to the point of be�inninu. Containin7 481,, rocs. Dein7 the sai:e ;:,remises conveyed to us by Roderic:: C. Gaines and Joan C. Gaines, by deed dated Cctober 17, 19_7 and recorded :,,ith Barnstable County ReZistry of Deeds, '3oolc Edo, 'a" 4s4, :3vifeCx � j9F�" tea i@ItwAs.-..-QU-r—.... bands and seal s this ....,-..._J_.1 A--.--.- day M oe G2amm Uw?a4 of Aasew4ttfittla 3arns-tah] e,—_.._..........._.._ss. ...._...-... ........ .......... _..__............. ... __..____.skc_hc>,b..e.�__.�..� Then Personally Cappeared rthe e above _.........-_....._..«.._.-.......N..FMRF.ILK....A3_L._J�i.��E.c-�e�. V.t'i,..Y!_._uM..�....,M.Mla.s,1,_..�R............... �j�rbw.Q.$Y��._....__---....._.._.. and acknowledged the foregoing instrument to be- their „ c act and deed, before m _ ............. `_..� .... Notar, Yub33Wn..�=-.P... Barnstable, ss,, Received October 17, 1949, and is recorded. Photographs of structures at 153 and 147 Route 6A, and house on 147 Route 6A now located at 146 Route 6A !J a I fy F 146 ROUTE 6A Location 146 ROUTE 6A Acct# 15290 Assessment $472,500 Building Count 1 Current Value Mblu 12213511 / Owner WITTE PHILIP & SUSAN PID 15290 Assessment Valuation Year Improvements Land Total 2023 $254,700 $217.600 $472,500 Owner of Record Owner WITTE PHILIP & SUSAN Care Of Address PO BOX 103 YARMOUTH PORT, MA 02675 Ownership History Sale Price $345,000 Certificate Book & Page 29423/0183 Sale Date 01/29/2015 Instrument 1 H Qualified U Ownership History Owner Sale Price Certificate Book & Page Instrument Sale Date WITTE PHILIP & SUSAN $345,000 29423/0183 1H 01/2 9 2016 WITTE PHILIP & SUSAN $100 29423/0177 1F 01/29/2016 GROBE FRED NORTHRUP TR $1 13103/0191 1F 06/29/2000 GROBE FRED N $0 10 Building Information Building 1 : Section 1 Year Built: 1802 Living Area: 2,043 Replacement Cost: $416,940 Building Percent Good: 61 Replacement Cost Less Depreciation: $254,300 Building Attributes Field Description i Style: I Old Style Model Residential Grade: Stories: Occupancy Ea terior Wall 1 Exterior Wall 2 Roof Structure: Roof Cover Interior Wall 1 i Interior Wall 2 Interior Flr 1 IInterior Fir 2 i.. Heat Fuel a Heat Type: 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 Average +10 1.25 Clapboard Wood Shingle Gable/Hip Asph1F GIs/Cmp Plastered PinelScft Wood Gas Forced Air -Duo None 2 Bedrooms 1 ------... ............................._.._...._ 1 Building Photo (https:llimages.vgsi.comlphotos2NarmouthMAPhotos/A00\02158156.jpg) Building Layout FGR 35 . _-_... ...........-- 21 23 -49 9 9 F487 U 8 BAS CRL BAS 34 CRL 2625 9 31 EAF E F BAS q S CRL 1 4 30 E F F 16 K 14 18 4 FQP 22 4 5 (Parcel Sketch.ashx?pid=15290&bid=15918) Extra Features Land Land Use Use Code 1010 Description SINGLE FAM MDL-01 Zone Neighborhood 0070 Aft Land Appr No Category Outbuildings Building Sub -Areas (sq ft) Legend Code Description Gross 1 Living I Area Area . ... ......... ....... BAS First Floor .. ..... -- 1,8121 1.812 EAF Attic, Expansion, Finished 660 231 CRL Crawl space 1,756 a EAU Attic, Expansion, Unfinished 234 0 FGR i Garage 735 0 . .. . . ............ .... ..... ............. . ... .. ... ------ FOP Porch, Open, Finished . ... . ....... ............... 152 0 WDK I Deck, Wood 174 0 1 5,5231 2,043 Extra Features lasmil . . . . . ........ ..... ... ....... ... . .... ..... . ..... . . . . .. .................... ................ ........ .. ... .. ..... ... ... ...... . .. .. ... . ... . .... No Data for Extra Features Land Line Valuation Size (Acres) 0.25 Frontage 0 Depth 0 Assessed Value $217,800 Outbuildings Legend Code Description i Sub Code Sub Description Size Value Bldg # 96.00 S.Fj- I SHD1 SHED FRAME $400 ............ ..... .. .. Valuation History 2023 2022 2021 Assessment Improvements Land Total $254,700 $217,800 $472.500 $207 .6 00 $196.600 $403,200 $169.6001 $183,800 $353,400 (c) 2022 Vision Government Solutions, Inc. All rights reserved Zoning Variance 1305 for 147 Route 6A (July of 1975) ' TOWN OF YARMOUTH BOARD OF APPEALS OWNER: NAME: lihestpat, Ebwas Inc. APPEALS Pircadil� Bq. � -110 Rt.6Ay Yas'inouthi base. * 02675 �J�dJ ADDRESS: PETITIONER: NAME: tcsi� +BAi'jli .. n 'ADDRESS:. j%A1 10 BOARD OF APPEALS, YARMOUTH, MASS. This petition when:completed and signed must be filed with the Board of Select- men; Yarmouth, Massachusetts, along with the fee of $20.00. 3 DATE: all PAID:?- i I. I, We, hereby appeal from decision of the Building Inspector and' -petition your board for a public hearing on the action checked below: 1. Review refusal If Building Inspector to grant permit.'' 2. Decision of Selectmen.. . 2. 1, We, hereby request the action checked.below: 11. . Variance from requirements of Yarmouth Zoning By -Law.' 12. Approval of the I Board of Appeals. .3... special permit from the Board of Appeals. To allow:. canexuctian of a bulld•iM for bneiwas pun*ees on a io* rn r=,a 6A Thrz=atb;art,0 :fino r harIM-=wUar' ftntage AAm called forwader praaont •coning br.1m. PrapwtT. atom on JfiaVanorc zip f M•Al2. 3. Reason for the Board of Appeals action as checked below: 1. Contrary to Zoning by-laws as follows: 2. 3. I 2. Approval of Board of -Appeals, or Special Permit requested under the following section of Zoning By -Law: 1. See. 18.92 buadaenn distrUt end coos. 2. i Names and addresses of abutting property owners, and those persons deemed affected by this application. (At least three.) Signe espectfully ed TOWN Of YARMOUTH BOARD OF APPEALS r Appeal No. 1305 I February 25, 1975 Marjorie Cotell Golner Members present: Donald Henderson, Philip Dempsey, Robert Sherman, Morris Johnson, Thomas George. The Chairman called the meeting lo order and read the petition. All abutters were notified by Certificate of mailing and the necessary correspondence was made in .the Cape Cod Standard Times and the Dennis —Yarmouth Register. This is continued from the last �earing. ;-Under Sec. 18.03. The request is for ` permission to build a stop and professional office. That will be for work with chil children -- I am a child psychologist. The second floor will be residence. 1476 sq. ft. for usage. Parking requirement, 200 sq. ft., there would need to be 7 spaces for common usage plus 2 for residence. Theeec:is more space there for parking and turn around as shown on the plan. It is 272' back from Route 6A and even with a 50' �rti2Ck 'TOT ``,L w-,r 1i �d ,, uld Still 5L 2970 s��� ft. f,Dr -parking and turn around space. This request is -being made because the property is in a business district and is flanked by antique shops on either side. The idea is to have the front of things around here to go with antiques. All of the lots in town are long and narrow. The shop will be for, I hope, -hand made things, just one shop with residence above, and my office.1 The people making the things will not be there. themselves. I will operate the shop myself but I might hire sor-tieune. The driveway is 10' wide and there is a 61;b ffer strip. There is 10' on the other side of the building. There are some big trees in the rear that will be preserved. Mr. Marchant: If this -is granted, this would mean a shop with residence up stairs with shop in the rear. If th'islwere granted, would this office be used for another pu pose .at a latcr t:nc? At the or 3i^al h^nring nhe �•:nnted h or gift shops, ets. -We don't want multiple businesses there. Mr. Henderson: A limit co Id be put in the decision. Mr. Marchant: I don't want someone coming in later and say they are not professional people and -would like to have afhardship hearing. We know this is in a business area but this would be too much. iI.guess I would like to say I am opposed. I think this would be over using the property and I would like to oppose. _Mrs. Golner: The professional use very likely would overlap with the shop use. Mr. Marchant: I am not saying or now — I am saying in the future,'who will come in and request another variance on a hardship because they are not professional people and can't use it the way these people can. Mr. Sherman: Actually, 7ou .-ifluld have 3 uses on this property shop, office and residence. Mrs. Golner: If I hired someone to work in the shop I would still own the business, and run it. My husband works in the Falmouth School system. We dive in Boston because I work in the Eowell'SAool System. This will hot be built tomorrow -- as soon as we get the money we wouldlstart. Mrs. Mildred Kettell, in favor. Hearing closed. January 23, '1975 #1305 Chestnut' Homes .Inc;., Piccadilly Square, Route 6A, Yarmouth Petitioner requests a variance and/or approval of Board of.Appeals to allow construction of atbuilding for •business purposes on'a bus- ine'ss'lot on Route 6A, YarmouthPort, Ma., -having a.smaller frontage than "called for in the bylaws. Assessors Map 101-Al2. Meeting opened at' 7 :30 PM by the Chairman Do iald HUIl I iuli Lcjia, ESQ. -Board Members: Mr.'Renkainen, Mr. Dempsey;. Mr: Sherman, Mr. Johnson Secretary: Catherine L. 'Reid LOT 55 foot -frontage; Ross Jolly: {of'Chestnut-Homes: The reason that we have come before _ this Committeeis that we.do not meet the required frontage, -although the lot does contain 14r 35 square .feet. �-ItIs been -therefor 100 grs.., Probably an.oversight: !(Jolly presented plot plan. Mr Shervim—i : Is i,ha 11110.a I �: ip Cri' t�i�u%ii E . Jolly:. Yes,.all the wag down, -to convert to stores -or business: It is surrounded by business.[ About a month ago I found it did not con- form, due. to Grandfather. clause. Mr Henderson: 'Have you;been denied a.permit by the Building InapectorY (Plan 200 Page' 49) � Mr Jolly: They are all , Vhat They call ' slash lots.. They all - have dwellings on them. Mr Sherman: How did it`get'left out? ; Mr Jolly: It ' is the only business lot . - Mr Henderson:, The .only • one left, at least . available? ' Mir Jolly <xGL`L-• lift-p Ptiiiitib`i,a:3:�buia it was business property. Mr Henderson -He refused you a permit for business..'purppoes? Mr Sherman:. ,.Could you build a house on.it? , Kathleen Frenklin, Esq 11 spoke with Howard SplArr. T tri -ed to figure, from the Bylaws' (Yarmouth Bylaws being rather'disentoriated)' The .only use - that can be. used from this plot,is residential. We want to at ' least. be partially business,.: We 'have' a sketch of r,what we would -like . Mai, jc�l iG- Cat v_l ,�5: ILW _ �z.._.� �i..� i� .: Y. professional . sketch, . but one I drew. It will , give you an .idea. It would be a Cape type 'to � fit in.with the general scheme ' of the vi11- .age. It'vould be narrow like the others. Sev6ral narrow stalls would be possible. A driveway between the buildings with parking out back. The beautiful trees we would keep. It.is only the 55 ..CouL fponi;age . We would xhava -the proper setback for 'the side Mr Henderson: - How many: parking spaces will 'you "have? . Marjorie, -Covell: Whatever. is required. ' Mr Hendersoni-What'is required? M6f jC4=� � Cc,, ? L.L _"�. .-- G°_ j1 i�-:. �. ._ �.� C=. W 4_� i t; ��_ Kathleen Franklin: We do not necessarily have to have 'a building that .. : long:' Ross Jolly ChestnutiHomes Contd. a Ms Covell: There -could b e two -or three sections depending on ' the building. Mr Henderson: You mtz3t b spoculnt{ng� Wa.=3t :mow'how many' buildings, and how' iiueh pax�kia3g? We ' know 'it is a business -lot with.. undersized frontage. Ms Covell: I have the ideas of making craft shops, antique furn- iture, if there- is -any interest. 'Maybe Silversmiths, that type 'of thing, Crafts, ,or- something of .the old pattern.. Mr Sherman: ' 01 1 i:ii Crv311,.sidG? .Ms Covell: No, .the other 'side. Mr Sherman: You - anticipat;e more than one, perhaps three or four? . Ms Covell: Yes, very 'small ones (shops).. Maybe 25a25. Mr Sherman: 50"feet would only allow two or three cars. M5 OoVeZl There is ai go 'a jog for. t, irn rg purposes. Mr Henderson: Can you -leave it ' with us? - Ms Covell: 1-will get it 'zeroxed. Mr Henderson: Any additional -.facts ;proposed? Ms Covell: 'I am a Psychologist. My Father also :is a Professional. ; We r"g'" haVe all ,office fj°c:i,t, . iaiti-i a -dwoll:4,g above. ' Ross : The question is. note in the proposition.. The question on the parking, The number -of floors, parking spaces, 'etc'. are not part of it. Mr. Henderson:. No, was tm,st tir ow.;Rt+,,,3t the parking' for one thing.. Unidentified neighbor: Frain what -Ross says, I am confused:Does the building have to conform? .! Mr Henderson: . The only ;thing they , asked is the frontage. I.It must •conforiu to the side lixie,• acid .back? - Ms Covell: The other side is 24.feet, with the` jog, .and 242 feet I on the other Ms Parco How many square feet in .that lot? I -have room for 80 cars: -Mr Henderson: 14,05 sq. feet. Ms Parco: Its about.230 feet Fong. :rir Henderson: 240 ft deep; and 171 ft plus jog of additional 65 ft. Ms'Parco: Mine is residential, but the area is dampletelg.business*, It'' can be .business property as -long. as the size of the building.was in keeping with . the size of ' the lot. Parking is - the big problem y in our .area.: I have just bought a lot of land, If the parking is ' set 'to:tho :ails €►i-c,c�, it. ..dill k out all YcigliL-. Walter Marchant : I I live directly- across the ' street : J`Y'I take ex= caption to the remark, the jproperty is. not all' business. Most "of the street is residential.I It is not all -business. - In the'Summer I can not' get out of- my yard. The size of 'the bulldi. ig did not eeeu� } I large for the lot.' Three or mare, businesses on that- lot : Suggest, a sketch -of what might be put there. The parking plan is sketchy. It gets bad in the Summer. I would be -concerned.- That area- is - pretty jammed Mr I;ic;r I�ci ; c,i LLc� FcjU!°-:: Wes.-_ .d likii� Lib lwaw -L" What kind 'of businesses there? T. Ross' Jolly Chestnut --Hom es ' Jan 23, -1975 Continued John Crowell (Chestnut Homes) - The fact .-is-that even upstairs on that Map, this whole - side .Prom the Cooperative Bank down is. business. Mr Henderson: Yes, . that area is zoned business, •and has been for _ . imany years. Mr. Crowell : , I take issue with you. It is obvious to us .that .it is business. If the issue -:is the Parking, it'.should be stated -how much parking. As' far as .I : am concerned - it was just an oversight. Mr Henderson: -That should.have eliminated the frontage. But there is -no question on residential; But the zoning Bylaw is violated as i .far. as business. Mr,Jolly: We came here'Pefore you looking for a variance to have the lot. zoned -business:: ! You c a-- a ! .ha' re tonight to ask to use it for business because of the 55 .feet instead of 100 feet; . If it isn't- a business urea, and it does not conform, what -does it conform to? The only thing you can use it for is.residential purposes. That.is the -only, way we can interpret it , ,You must. be .granted -that relief. ' But what is .,going on that lot? We want to know a little I;i me: c�. You r t 2�a sc��iGtl ng a 1ii� . more definite. 'What we . are looking for . is not maybe three. _or may- be four businesses. • Maybe so much. parking. We must -know what -we are approving. ! . i 'Y3 3s J S In Ei 3 L plan? i With more definite plans of . the buildings and parking? F' Mr - Sherman : " Bylaw Section 3, Business District Uses:- It's like my . own lot -- I.can't imagine having that many businesses, although I have ,plenty, of room -,for, parking . - .. _.. - • -,Mr Henderson: The Board Members -feel this should :be continued with- out prejudice, to the next Board of Appeals meeting Feb. 27, and come in,with definite plans. p �. d j D1.li "Ps'�i .S �'*��.�s.. 0`1 •-'C- C�� j J S , TOWN OF YARMOUTH BOARD OF APPEALS Filed with Tovai Clerk: 3 �97� Hearing Date: _1/23/75 i Petitioner: i Petition No.: 1305 Chestnuc Homer., 'Inc. �( Piccadilly Square I A Route 6,1 Yarmouth,* Massachusetts DECISION The Petitioner requests a variance and/or approval of the Board of Appeals to allow construction of-a'building for business purposes on a business lot on Route 6A, Yarmouthport, Massachusetts having smaller frontage than called for under present zoning by-law. Property as shown on Assessors Ilap No. 101-Al2. Members of tie Board:oflI Appeals present: 1 DONALD F. HENDERSON -- HERBERT RE-NKA334EN �y PHILIP DWIPSEY - ROBERT W. SHER1 VVIT j - MORRIS I. JOHNSON, JR. It appearing that notice of said hearing has been given by sending notice thereof to the Petitoner and all those owners of property d►:emed by the Board to be affected thereby,.and that public notice of Such hearing having been given by publication in the Cape Cod Standard Times on January 8th and 15th, 1975 the hearing was opened and held on the date first above written. The following appeared in favor of the petition: Ross Joly,'John Crowell, Kathleen Franklin, Esquire, Marjorie Kettell, The following appeared in opposition: Walter L. Marehant, Jr. REASONS FOR DECISION: The land in question is a lot containing 14,435 square feet, having 55 feet of frontage as shown on a plan of land entitled: "Plan of Land in Yarmouthport, stars. for Henry R. Darling, March 2, 1966, Scale 1" - 401, Thomas E. Kelley, Survyeor,.South Yarmouth, Mass.", i. which said plan is duly filed in the Bafinstable County Registry of f I I 2. Deeds in Pleas Book 200 Page 49. Petitioners are before this Board f 1 because they have been informed by the Building Inspector that the lot cannot be used for business purposes, even though it is in.a i business zone, because it has less than 100 feet of.frontage. Under Section 18.09 4B of the Zoning By -Law, a single family residence could be built on this lot, but nothing else. At the hearing on January 23, 1975, Petitioners did not.present any plans of what was proposed for this lot. Mention was made of having several small shops. i The matter was continued to the next regular meeting of the Board and before that date some members individually took a view of the locus. At the meeting of February 25, 1975, Marjorie Kettell submitted a sketch which the Board marked "Exhibit A 2/25/75" which is on file in this Appeal. The,sketch shows a shop with a residence over the f shop and attached office. firs. Kettell stated that she is a child psychologist and would �tillze the office herself. She and her family would live on the premises and she would personally run the.shop although she might hirefsomeone to help her operate it. Primarily,, hand made articles would be sold. The Board examinedthesketch, the perimeter plan and the Assessors Map and took Lote of the fact that many of the lots in the area are long and narrow. An -examination of the zoning map showed the business area ow the south side of Route 6k to be 1100 feet long and 200 feet deep. This lot is uniqud and it is unlikely that there is another like it in,any business zone in the Town. But for insufficient frontage, i Petitioners could of right operate a business there and they can. at any time build a single family residence under Section 18.09 4B. . i The lot to the east has only 33.1/2 feet of frontage and 1/3 the area''. f Tae lot to the Lest has'approximately.55 feet of frontage and less area than locus. It is ooubtful' if any lot on the South side of Route 6A in the immediate area would meet present frontage requirements, f but all these other lots have been built upon. The Board finds that it would be a hardship on the Petitioner if'he were not aliowed to use this lot, which has business zoned land to the East and TrIest for business purposes. Further, the Board finds that granting limited relief by way of a variance will not derogate from the intent) and purpose of the bylaw. Yarmouth has one of the broadest grandfather clauses,' so-called, with respect to building single family residences on non -conforming lots and it seems reasonable to extend relief here, in view of that attitude and in view of the fact that the lot conforms in all other ways, including area, to the present bylaw. Consequently, the request for a variance to build a.gift shop with a'residence over the shop and with an attached professional office all as shown on the aforementioned sketch is hereby granted on the following coditlons: I 1. The residence is to be owner occupied. ' 2. The shop is:to;be owned and -operated by the owner of locus. 3. -The office is to be used for professional purposes only and Is not to be rented. It is to be used solely for professional purposes by'the owner of the premises only. 4. All setback requirements and parking requirements of the by- law must bemet and proper access for emergency vehicles must be provided. Members of the Board voting: DONALD F. HENDERSON - Voted In Favor PHILIP DF11PSEY -- of MORRIS I. JOHNSON, JR. - IT HERBERT RENKAINEN — IT. ROBERT W. SHEP AN No permit issued until 22 days from date of filing decision with' the Town Clerk,. ROBERT W.-SHERMAN Mrk Pro Teri • STATE -HIGH1,WAY - ROUTE.' 6A CB (FOUND) mHB (FOUNDI SBOo20'46'E: I �00 w stone all 3.43 io rl 0 _j 03 w d 14,4i5 dx tv E $Q.FT, 0 Ic YL > 0 cn 0 . ; cl ui to m to !! to rni Z 3 hj 03 IL tu S60006,30'E 0 Va CD '465-ea 75.00 78 O3'OD'W Dii (FOUND) fence 121. a E line 'MAXIMILIAN A TUFTS AL 3RK. 1260 ET PG.224 SB (FOUND) PLAN OF LAND YAR MOUTHIPORT-j- MASS*. HENRY H. DARLING ARCH 2, 1966 SCALE 1 40' THOMAS E. KELLEY SURVEYOR SOUTH SOUTH YARMOUTH , MASS. APPROVAL UNDER THE SUBDIVISION CONTROL LAW NOT REQUIRED. T DATE ........ % .......... ........... YapmntlTH PlaNFIIIUr AnAgm 29 •--'•-•- - --'LLD- tm � . , �. _` __:;_ ' -'•- ;--�--Tr-�� _� � F. "�� _.__.� . •.__Ira. p - .- '----� - -;- � ', �-�---'t-y1---�'- it ; . t . ` __ Ito .. - • _._--- •/c � _ . .. ----- -•�`; - -- to - to 14 Ph 107 ,S-4-0411 _ram.;, a I1a S j 7 S- . •- ! . i 77 n 4, IBA i I ❑ le I°9Nf 0 MS IQi�I 1°!Ns IOB i ID9yli 101Mr ,��,]] °! ' Oo ND .I �U - ❑. IIns � ._,. f , t S IAI IE HIGHWAY I Eli I °si I t i - Alt f' IWsx .33 _ 1 5Z 6x a S 1' 76 As AS . C M 'r qi 1.013 ee °r PI it EjZ3 A9 ' • r As All a ca ♦ st �< 4 1 � .f� .9x +s t : 4 ❑ 1 rr i G i osl .70 fw— Wt CC .00 13 Am le :�. G�•� 14..� � la,°off :.aa s 1 I o 1' t . 144 gg �� Building Commissioner's Determination that Variances under old Statute are not subject to lapse MAR-21-2007 10:07 ATTY JOHN CRENEY 15083621125 P.03 TELECOPY COVER SHEET John C. Creney, P.C. Attorney at Law 86 Willow Street Yarmouth Port, Massachusetts 02675 If there is a problem with transmission or if a.11 pages are not received, please call 508-362-1122 for T retransmission. Pax 508-362-1 125 TO: James D. Brandoliini COMPANY. Town ol'Yarmouth FROM: John C. Creuey RE: Zoning — Variances- Old Chapter 40A Number of pages including this cover page: 6 FAX #: 508 398-0836 DATE: January 31, 2007 This message is intended only for the use oftltc individuai or cntiT,y to which it is addressed, and may contain information that is PRIVILI CiEU, CUNF1L*_NTIA1,. tend cxcmpt from disclosure under applicable law. If tltc reader of this message is not the inicntlntl Trcipicnl, or the employee or agent responsible for delivering the mcssagc to t(ic in(tnjed recipient, you arc hereby notified that any dissemination, distribution or copying of this communication ix strictly prohibited. If you have received this communication in error, p1cn5e notify us imnicdiratciy by Wlcphone, and return the original to us by mail without niakin,,, a copy. Thank yoii. Comments: You ask whether variances granted under the prior version of G. L. c. 40A, that is prior to June 30, 1978 when Yarmouth adopted the current version of G.L. c. 40A, are subject to lapse. The answer is no. Under the Prior version of G.L. c. 40A, variances were not subject to lapse unless a deadline for exercise was specified in the grant of the variance. Hogan v, Ha)les, 19 Mass. App. Ct. 399 (1985) holds such that a variance could continue in force without limit of time although. not exercised. A copy of this opinion is transmitted.. i u' i-z r-dUJVJt7 le - 43 H I I Y J UHN L-lXENEY 15083621125 P. 01/05 TELECO.PY COVER SHEET John C. Creney, P.C. Attorney at Law 86 willow Street Yarmouth Port, Massachusetts 02675 II'there is a problem with Transmission or if all pages are not received, please call 508-362-1 122 for retransmission. Fax 508-362-1 125 TO., -Fames .D. Brandolini, Building Commissioner FAX #: 508 398-0836 COMPANY. "Town of Yarmouth FROM: John C. Creney DATE: June 17, 2008 RE: Yarmouth Port Village Store Number of pages including this cover page: S This message is intended only for the use of the individual or entity to which it is Addressed, and may wntain information that is PRIVILH ED. CONFIDENTIAL and exempL fnun disclusurt urtddr applicable law. If the reader of this mcssuga is not the intended recipient, or Elie cinploycc or agent responsible for delivering the mCS5a, a to the intended recipient, you arc 1Lereby notified Ihut any disscminution, distrihution or copying of Atis communication is strictly prohibited. If you have recrived this communication in error. pleise notify us intntctiialcly by tctcphoae, xnd return the original to us by mail without making a copy. Thank you, Comments: In your memorandum to me of June 6, you ask me to reconsider the opinion which I furnished to you dated January 31, 2007 to the effect that variances granted under the prior version of G.L. c. 40A, i.e., prior to June 30, 1978, are not subject to lapse by passage of time. I continue to hold the same opinion. Although the current version of G.L. c. 40A, sec, 10 provides that variances shall lapse if not exercised. within one year of the date of grant, the Supreme Judicial Court has ruled, with respect to variances granted under the prior version of G.L. c. 40A, that such variances are not subject to the retroactive application of the current one year lapse provision. Hogan v_ Hayes, 19 Mass. App. Ct. 399, 403 (1985); Hunters Brook Realty Corp. v. Zoning Board of 4ppeals afBourne, 14 Mass. App. Ct. 76, 80 (1982). The relief granted to Yarmouth Port Village Store, Inc. in Petition No. 1096, filed with the Town Clerk on April 4, 1972, was the subject of an appeal taken by abutters to the First District Court of Barnstable bearing docket number 32299 in which by agreement of counsel a decree (crroncously termed a petition for review) was entered on .Tune 23, 1972, a Jurv-1r-Gl'JUU la�'4.,� H! IY JLJI-N CRENEY 15083621125 P.02/05 copy being transmitted. All rights of appeal were waived. As counsel for the Board of Appeals I participated in that appeal. 1n accordance with that decree, the Board of Appeals reaffirmed the relief in .Petition No. 1128, filed with the Town Clerk on August 16; 1972. The relief granted may still be exercised.