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Home My WebLink About5050 46 Rainbow Rd Email Response from Attorney Joseph Fahey 08.22.23Fallon, Dolores Subject: 5050 - 46 Rainbow Road From: Gail Kallis R E C E I V E D Sent: Tuesday, August 22, 2023 11:16 AM To: Fallon, Dolores <dfaIIon @yarmouth.ma.us> AUG 222023 Cc: Joe Fahey Subject: RE: 46 Rainbow Road Application YARMn„TW Ms. Fallon, In response to your email of August 14, 2023, please see the attached most recent copy of the deed to the property located a 46 Rainbow Road, West Falmouth, Mass., as well as the signature of the property owner on the Zoning Board of Appeals Application (pages 3 and 4). Please note that the property was owned by Richard J. DiBella and Rose C. DiBella, husband and wife as tenants by the entirety. Richard J. DiBella died on July 26, 1999. Rose C. DiBella died on March 7, 2018. Her Estate was probated at the Middlesex Probate Court (Docket No. M118P2662EA). The property passed to the Rose C. DiBella Trust under Declaration of Trust dated December 29, 2017. Joseph M. Fahey is the Trustee of the Trust. This is further verification that the Attorney Joseph M. Fahey signed the letter addressed to the Zoning Board of Appeal dated July 26, 2023. Please advise if you have any questions or if you require any additional information. Thank you. Gail Gail A. Kallis Paralegal for Joseph M. Fahey, Esq. 22 Mill Street, Suite 408 Arlington, MA 02476 (T)781-643-1177 (F) 781-643-1126 gkallis@glfmillstreet.com Statement of Confidentiality The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain confidential or privileged information. if the reader of this message is not the intended recipient, you are hereby notified that any disclosure, distribution, forwarding, copying or other use of this information and attachments (if any) is strictly prohibited. If you are not the intended recipient, please notify Law Office of Joseph M. Fahey immediately at 781-643-1177 and destroy all copies of this message and any attachments you received. Thank you. Bk:81196 Pg:395 Middlesex South Registry of Deeds Electronically Recorded Document This is the first page of the document - Do not remove Recording Information Document Number .9273 Document Twe : DEED Recorded Date : January 26, 2023 Recorded Time . 09:44:58 AM Recorded Book and Page . 81196 / 395 Number of Paaes(includina cover sheet) : 3 Receipt Number .2886356 Recording Fee (including excise) . $155.00 ************************************************ MASSACHUSETTS EXCISE TAX Southern Middlesex District ROD # 001 Date: 01 /26/2023 09-44 AM Ctrl# Doc# 00009273 Fee: $.00 Cons: $1.00 ************************************************ Middlesex South Registry of Deeds Maria C. Curtatone, Register 208 Cambridge Street Cambridge, MA 02141 617-679-6300 www.middlesexsouthregistr_y.com Bk:81196 Pg:396 Deed of Distribution M.G.L. c.19OB, §3-907 WHEREAS, Rose C. DiBella also known as Rose Melia late of 29 Morningside Drive, Arlington, Middlesex County, Massachusetts C"the Decedent') died on March 7, 2018, being the owner of real estate located at 29 Morrvngside Drive, Arlington, Middlesex County, Massachusetts; and WHEREAS, the undersigned, Joseph M. Fahey of Arlington, Middlesex County, Massachusetts is the duly appointed and qualified Personal Representative of the Estate of the Decedent in the Middlesex Count y Probate and Family Court, Docket No- MII8P2662EA; WBEREA.S, the Distributee Herein is: The Devisee under the fast Will and Testament of the Decedent; NOW, THEREFORE, the undersigned, in distribution of the estate, for no consideration hereby distributes to: Joseph M. Fahey, Trustee of the Rose C. Dibella Trust under Declaration of Trust dated December 29, 2017 such right, title and interest in the land which the Decedent owned at the time of her death located at 29 Morningside Drive, Arlington, Middlesex County, Massachusetts Being the same premises described in a Deed recorded at the Middlesex South District Registry of Deeds in Boob 1905, Page 127. Carmela Previte died on December 3, 2009, Domenic Previte died on April 5, 1970. See also Estate of Domenic Previte, Middlesex Probate Docket No,; 441044. THE REMAINDER OF THIS PAGE IS INTENTIONALLY Bk:81196 Pg:397 WITNESS my hared and seal this ''r ' r day of January, 2023, Joseph M. Fahey, Personal Rel Estate of Rose C. DiBella also known as Rose DiBella COMMONWEALTH OF MASSACHUSETTS Middlesex, ss On this .<''' day of January, 2023, before me the undersigned notary public, personally appeared Joseph M. Fahey, Personal Representative, proved to nee throtirgh satisfactory identification which was a Massachusetts Drivers License, to be the person whose named is signed on the preceding or attached document and acknowledged to nie that he signed it voluntarily for its stated purpose as Personal representative of the Estate of Rose C. DiBella also known as Rose DiBella. f Notary Public — Gail Anne Kallis My commission expires: 2/17/2023 GAIL ANNE KALLIS Notary Public 91commoftwealth of Massachusella My comm. Expiroe Feb.17, 20M3 Bk:81196 Pg:398 Middlesex South Registry of Deeds Electronically Recorded Document This is the first page of the document - Do not remove Recording Information Document Number .9274 Document Twe : TRNOT Recorded Date : January 26, 2023 Recorded Time . 09:44:58 AM Recorded Book and Page . 81196 / 398 Number of Paaes(includina cover sheet) : 3 Receipt Number .2886356 Recording Fee . $105.00 Middlesex South Registry of Deeds Maria C. Curtatone, Register 208 Cambridge Street Cambridge, MA 02141 617-679-6300 www.middlesexsouthregistr_y.com Bk:81196 Pg:399 Certificate of Trust Pursuant to M.G.L. c.184, § 35 Name of Trust: Rase C. DiBella 'Trust Date of this Certificate: January 25, 2023 1, Joseph M. Fahey...........................................................................Trustee of the Rose C. DiBella Trust..........................................................................under Declaration of Trust dated December 29, 2017......................................................[as amended] (the "Trust") between BoseC. DiBella........................................................... [name of grantors/settlers/donors] and BoseC. DiBella........................................................ . ..............as the original Trustee certify as follows - (a), Joseph M. Fahey of Arlington, Massachusetts, is the current trustee of the Trust. If he shall fail or cease to serve, Richard Michael DiBella of Arlington, Massachusetts, shall serve as Successor Trustee; (b). The Trustee of the Trust has the authority to act with respect to real estate owned by the Trust, and has fuli and absolute power Milder said Trust to cOnvey any interest in real estate and improvements thereon field in said Trust and no purchaser or thief party shall be bound to inquire whether the trustee has said power or is properly exercising said power or to see to the application of any trust asset paid to the trustee for a conveyance thereof; and, (c). There are no facts which constitute conditions precedent to acts by the Trustee or which Are in any other manner germane to affairs of the Trust. Bk:81196 Pg:400 Executed as a sealed instrument under the pains and,ppnalties of perjury on January 25, 2023. Joseph M. Fahey, COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. On this.; his-day of January, 2023, befom- ine, the undemigned notary public, personally appeared Joseph M. Fahey proved to me through satisfactory evidence of identification, which were driver's licenses and other personal identification, to be the person(s) whose narnes are signets on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. otar� Public — Gail Anne Dallis My commission expires: 02/17/2023 GAIL :4iO4E tt161 ".'S Noiary pubtir: %FCr)tw?riomvPa11h of M , a+r.i•eUWIs I•:' f)Cm,j r .A q4 Feb. 17.2023 I, LEONARD M. PAUPLIS, on40FAL Meadow drive, Hudson, MiddNsa Cr`}inty, Massachusetts, for consideratioAp "d In the amount of Fortv-Eight PjaoiNand Twu liuudred Fifty and &1JAQ({+,1o1#&R!e (JQ4 k2l?_U1), O F F I C I A L grant to Richard J. DiBdllaoanf Ase C. DiBella, husband ang v£'nnjorY tenants by the entirety, both of 29 Morningside Drive. Arlington, M ddlesex County, Massachusetts, with QL&Ca11T COVENANTS, N O T A N A N a certain parcel ef Pn inJY*-o1,hA B£rasrable Cou"yfFtapachu�ttl, A L bounded and described as of pwsb P Y C O P Y SOUTHWESTERLY by Rainbow Road, ninety-two (92) feet; NORTHWESTERLY by Lot 3, one hundred (100) feet; NORTHEASTERLY by Lot 7, ninety-two (92) feet; and SOUTHEASTERLY by Loc 5, one hundred (100) feet. All of said boundaries are determined by the Court to be located as shown on plan 11435-A, dated January 1926, drawn by G.F. Clements, Civil Engineer, as modified and approved by the Court, and filed in the Land Registration Office at Boston, a copy of a portion of which is filed in Barnstable County Registry of Deeds in Land Registration Book 8, Page 58, with Certificate of Title No. 1908, and said land is shown thereon as LOT 4 BLOCK G). There is appurtenant to said land a right of way over the roads and ways shown on said plan in common with others now or hereafter lawfully entitled thereto. Said land is subject to and has the benefit of all restructions, stipulations, rights and easements set forth in Certificate of Title No. 9277, insofar as the same are now in force and applicable. For my title, see Certificate of Title No. 50,068 recorded in Registered Land Section, Barnstable County. Witness my hand and seal this 4�a+-r,%j1 day of January, 1983. Lk_ f/ Leonard M. Paup its ! L✓ THE COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. January, 1983 Then personally appeared the above -named Leonard M. Pauplis, and acknow- ledged the foregoing instrument to be his free act and deed, before me, I My commission expires: Notary Public 4�r IT Ifyi" "` C�MON4.'fA� N,r,tAC,fIRta ,l;F'i5 00665 ��•- ,1 5ao�b q3% -b5 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 0 P Y .+. + 70 x � m � Lrl 31'.7KM M i a m �: Date:712612023 Subject; Appeal to put the camper until renovation Is complete To Zoning and Board of appeal Town of Yarmouth 1146 Route 28, South Yarmouth MA 02664 office of Building Commissioner RECEIVED AUG 07 2023 YARMOUTH f3UARD OF APPEALS Dear SIY, The Intent of this appeal is to get an permission to put the camper at 46 Rainbow road, West Yarmouth MA for about next 2 to 3 months (October 2023) for following reasons, 1, Property at 46 Rainbow road, West Yarmouth MA is currently under renovation, Renovation Is being done by Richard DiRella, beneficiary of the trust, There Is a budget constraint, so Richard has opted to perform renovation himself, Richard Dibella has a 2 month ! old Infant. 2. Renovation Includes dust, dirt, and noise which is not healthy for an Infant. For this reason, Richard had made an arrangement of additional camper to keep the baby safe. Picture of the Infant Is attached, 3. Richard Dibella was unaware of the camper zoning codes but Richard wants to complete the renovation, 3, Camper will be taken out of the property or stored at the rear of the building once the renovation is complete, i hope the town will kindly cooperate, Trustee of Rose C Dibella Trust,