Loading...
HomeMy WebLinkAboutCorrespondance 61022 • RECEIVED LAW OFFICES LISA H. BERCH JUN 10 2022 19 SOUTH MAIN STREET DEPAR MM EE LISA N.BERCH RANDOLPH,MASSACNUSETTS 02368 BUILDING LEGALTArSISTANT By IRMA h. SANDS TEL(781)961-7313 FAX(781)961-7343 June 10, 2022 Mr. Mark Grylls Director of Inspectional Services/Building Commissioner Town of Yarmouth 1146 Route 28 S. Yarmouth, MA 02664 Re: 800 Route 6A, Yarmouth, MA Dear Mr. Grylls: I represent Menlo Corp.which is a party to a contract to purchase the above real estate. This letter constitutes a legal opinion regarding whether the subject property constitutes a lawful building lot under the Zoning Bylaws of the Town of Yarmouth. The property is located within the R-40 Zoning District as defined by the Zoning Map of the Town of Yarmouth.. Current minimum lot size is 40,000 square feet, 150 feet of frontage, 30 foot setback for front yard, 20 foot setback for side and rear yards and a maximum 25%total site coverage as a percentage of lot size. The above property is indicated on the Town of Yarmouth Assessors Map as Map 134, Parcel 64 and more particularly described as Lot 4 as shown on plan 35454-A (Sheet 1)dated July, 1970 drawn by Barnstable Survey Consultants, Inc. as modified and approved by the Land Court and filed in the Land Registration Office in Boston, a copy of a portion of which is filed in Barnstable County Registry of Deeds in Land Registration Book, 452, Page 82 with Certificate of Title No. 56402. A chain of title for Lot 4 is attached hereto as Exhibit A. Pursuant to Massachusetts General Laws Chapter 40A Section 6("The Zoning Act")and the Town of Yarmouth Zoning Bylaws Section 104.3.4(5). "Except as set forth in this paragraph, area, lot frontage or other dimensional requirements of this zoning bylaw shall not apply to a lot for single-family residential use, provided a plan for such lot was approved or endorsed by the Planning Board on or before June 3, 1996.duly recorded, filed, or registered and such lot was not held in common ownership with more than two abutting lots as of June 3, 1996; as provided said lot contains at least ten thousand (10.000) square feet of non-wetland lot area and either seventy-five(75) feet of lot frontage or fifty (50) feet of lot frontage if the minimum dimensional requirements of Section 203.2 of this zoning bylaw are met..." Lot 4 was endorsed as a plan of land in 1970. Lots 4 and 5 were acquired by Abdelaleem M. Sharshar and Patricia Sharshar on July 24, 1975. Lot 5 was conveyed on October 6, 1986 to Randall H. Smith and Diane B. Smith. There has been no common ownership of the property since that date. Based on the above and the review of the chain of title, Lot 4 should be considered a buildable lot according to the Town of Yarmouth Zoning Bylaws. Very truly yours. Lisa H. Berch /bhl Enc. Grylls, Mark From: Grylls, Mark Sent: Thursday, July 14, 2022 3:33 PM To: 'Iberch reillyberch.com'; Clarke, Kristin Cc: Sears, Tim Subject: RE: Suitability of Lot for Building Hi Atty. Berch, I have reviewed the contents of the detailed packet and legal opinion dated June 10, 2022 which have been provided by you. My research also indicates that an A&R had been endorsed by the Planning Board around 1967 as well for a few lots, this lot was not affected by this A&R. I could not locate any other information in the files available to this office. Based on this information, it appears that 800 Route 6A is protected per Section 104.3.4(5) and otherwise conforms with the Town of Yarmouth Zoning Bylaw regarding lot size. The lot must also comply with any other relevant sections of the Zoning Bylaw, Conservation Commission regulations, and Title V.The Old Kings Highway Historic Commission will also review applications for construction. If you have any questions, I can be reached at the number below. Thank you for your patience, Mark MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER TOWN OF YARMOUTH (508)398-2231 x 1260 From: Iberch reillyberch.com <lberch@reillyberch.com> Sent: Friday,June 10, 2022 10:29 AM To:Grylls, Mark<mgrylls@yarmouth.ma.us>; Clarke, Kristin <KClarke@yarmouth.ma.us> Cc:Sears,Tim <tsears@yarmouth.ma.us> Subject: Re: Suitability of Lot for Building Attention!:This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Hello, Attached please find a letter and exhibit regarding an opinion concerning the property located at 800 Route 6A Yarmouth and its suitability for building. Please review and advise at your earliest convenience. Please let me know if an electronic submission is acceptable or whether I should mail a copy as well. Thank You Lisa Berch Law Offices of Lisa H. Berch 19 South Main Street Randolph, MA 02368 781-961-7313-Telephone 781-961-7343-Facsimile LBerch@reillyberch.com From: Grylls, Mark<mgrylls@ varmouth.ma.us> Sent:Tuesday, May 10, 2022 3:00 PM To: lberch reillyberch.com <lberch@reillvberch.com>; Clarke, Kristin<KCIarke@varmouth.ma.us> Cc:Sears,Tim <tsears@yarmouth.ma.us> Subject: RE: Suitability of Lot for Building You can submit at any time.There are several ahead of you MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER TOWN OF YARMOUTH (508)398-2231 x 1260 From: lberch reillyberch.com <Iberch@reillyberch.com> Sent:Tuesday, May 10, 2022 2:43 PM To: Grylls, Mark<mgrylls@yarmouth.ma.us>; Clarke, Kristin<KCIarke@yarmouth.ma.us> Cc:Sears,Tim <tsears@yarmouth.ma.us> Subject: Re: Suitability of Lot for Building Attention!:This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Mark, Can I provide that letter now or does it need to wait until the building permit application is submitted? Lisa Law Offices of Lisa H. Berch 19 South Main Street Randolph, MA 02368 781-961-7313-Telephone 781-961-7343-Facsimile LBerch(Wreillyberch.com 2 From: Grylls, Mark<mgrylls@yarmouth.ma.us> Sent:Tuesday, May 10, 2022 2:15 PM To: Clarke, Kristin<KCIarke@yarmouth.ma.us>; Iberch reillyberch.com<Iberch@reillyberch.com> Cc:Sears,Tim <tsears@yarmouth.ma.us> Subject: RE: Suitability of Lot for Building Hi Lisa, This office does not make these determinations. We will accept a legal opinion and review. If it is not clear to us, we would have town counsel review. Mark MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER TOWN OF YARMOUTH (508)398-2231 x 1260 From: Clarke, Kristin <KClarke@yarmouth.ma.us> Sent:Tuesday, May 10, 2022 1:57 PM To: 'Iberch reillyberch.com'<lberch@reillyberch.com> Cc:Sears, Tim <tsears@varmouth.ma.us>; Grylls, Mark<mgrylls@yarmouth.ma.us> Subject: RE: Suitability of Lot for Building Hi Lisa, I have forwarded your email to my Deputy Building Commissioner and Building Commissioner for assistance with your questions. Thank you, Kristin Clarke Office Assistant Building Department 508-398-2231 X 1261 From: lberch reillyberch.com <lberch@reillyberch.com> Sent:Tuesday, May 10, 2022 1:53 PM To: Clarke, Kristin <KClarke`)yarmouth.ma.us> Subject: Suitability of Lot for Building Attention!:This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Ms. Clarke, I represent prospective purchasers of a single family lot in Yarmouth that is undersized. I believe it may qualify for an exception under the Zoning Bylaws. Is there an expedited method whereby the building department would make a determination as to whether that section of the zoning bylaws would pertain to the lot in question before a more formal request for a building permit is made. 3 Thank you for any assistance you can provide. Law Offices of Lisa H. Berch 19 South Main Street Randolph, MA 02368 781-961-7313-Te l e p h o n e 781-961-7343-Facsimile LBerch@reillyberch.com 4 NOTe,h0,,, Pc N O T AN AN OFFICIAL O F F I C I A L We, MICHAEL A. SPYLIOS, tf�fCtOLpSifRINOS, PETER RAKES arty TutE¢f1O t Fl;r+Ea co-Partners doing business as Stratbury Associates, a Massachusetts Pertr.er- E ship dated December 7, 197,3,, A141 an usual place of busi i , 5; Centra, W Street, Leominster, Wor s e , l,,..,,,,.,,,, AN txxxxWww11 x9ric 1 r,h, fn110,'"l 1(11ling ntt I A SIb,000.oo A N OFF I C I A L u.: COPY COPY grxw in ABOELALEEM M. SHARSHAR and PATRICIA SHARSHAR, husband and wife, as Tenants by the Entirety, both „i 1916 Neptune Drive, Richmond, Virginia ` l r getheir a n ttt t, n withanybuildings11 Barnstable t e Massachusetts. thereon, boundedanddescribedasfollows: to- NORTHERLY by Lots 19 and 20 and a portion of Lot 21, Two hundred Eighty and 29/100 (280.29) feet; EASTERLY by Canterbury Road, Ninety five and 00/100 (95.00) feet; u SOUTHEASTERLY by the intersection of Canterbury Road and State High- c way (Route 6A) having a radius of 30.00, an arc t distance of Forty-seven and 12/100 (47.12) feet; v SOUTHERLY by said State Highway (Route 6A) Two hundred fifty and 29/100 (250.29) feet; and WESTERLY by Lot 3, One hundred twenty-five and 00/100 (125.00) i, i feet. C- All of said boundaries determined by the Court to be shown on Land Court Plan 35454A (Sheet 1) dated July 1970, drawn by Barnstable Survey Consultants Inc., as modified and approved by the Court, and filed in the Land Regis- tration Office at Boston, a copy of a portion of which is filed in Barnstable County Registry of Deeds in Land Registration Book 452 Page 82 with Certifi- cate of Title No. 56402 and said land is shown thereon as LOTS 4 and 5. The land hereby registered is subject to and with the benefit of the restrictions set forth in an Option between Peter G. Sheaffer et ux and Bernard Bruso, dated April 25, 1968, duly recorded in Book1398 Page 540. land is t o a PeterSG.dSheaffer etbuxctotthe Townrofasement set Yarmouth,, datedhApril 16, 1968, duly recorded in Book 1399 Page 647. Said land is subject also to an easement set forth in a grant made by Peter G. Sheaffer et ux to Cape b Vineyard Electric Company and New England Telephone and Telegraph Company, dated June 28, 1968, duly recorded in Book 1407 Page 490. Said land is subject to a perpetual right and easement in Canterbury Road, Stratford Lane, Avon Road and Cromwell Drive, shown on said plan, and as set forth in a grant made by Peter L. Sheaffer et ux to John Tracy Wiggin, dated March 5, 1971 duly recorded in Book 1501 Page 806. So much of the land hereby registered as lies within the limits of Stratford Lane, Avon Road, Canterbury Road, Cromwell Drive and Oxford Road. as shown on said plan, is subject to the rights of all those lawfully en- titled thereto in and over the same. Together with a right of way as appurtenant to each of the said lots over the ways as shown on said plan, in common with others who are now or may hereafter be entitled thereto. For Title see Certificate of Title No. 60681. . - _ . N O*�(�T�w.� N O T A -\^i y'M ;';WEAi_T;i '..;FA'ANSSA Uv SETS OFFICI A .Tp,� Il.: C O 4: Y kary fi. y 8 _ `N 0 T o Pa1037 'If ' AN -C--"p, N OFF I C I A L OFFICIAL COPY ,�; COP Y l:Necuted as a Seakcl in�trtintent this �y el day ul 19 75 _i 1 t( ! 6,..-7., Michael A. ios ij -'ewe-"Rakes 1 IV bc 1 4 - — -Theodore isFier - - ilk Onutuotuuntithof ilinsuhasetts as. Al. 2-`/, 19 75 Then personally appeared the above named Michael A. Spy l i os as aforesaid and acknowledged the foregoing instrument to be hi s free act and deed,befor e C--cue io,,.es.7,:ir ,ie ...., ,z.:___^— ormy Pubt+e My commission expires DONALD F. HENDERSO N My Commission expires THE COMMONWEALTH OF MASSACHUSETTS May 14. 193,2 IA; )4( eS 74iC ss J t r ,..Z.- 1975 Then personally appeared the above named Nickolas Prinos, as aforestid and acknowledged the foregoing instrument to be his free. act artt&ckd,,- before me i r^•* / ,, �. '•..� / - Nota y PubVt p r 4ti t y Commission expires ,!/q),f, J.c lasi.eji. THE COMMONWEALTH OF MASSACHUSETTS i*O ss 9,t.k...vd_ 'tr 1915 Then personallX;slbrtttd the above named Theodore Fisher as aforesaid and acknowleds t•P30; 'drrpgoing instrument to be his free act and deed, before me ¶ r:w .�. Notary Public { A:::risfa,"'_ My Commission Expires - 19 I, ABDELALEElt Ao S 1ARSHAR, surviving tenorli dile entirety, of 1916 Neptune Road,Richmond, Virgoiii in consideration of FIFTYDSAEN THOUSAND and 00/100 OFFICIAL OFFICIAIN ($57,000.00) DOLL4R5bpaid,yprwnt to RANDALL H.$MITHpand DIANtE B. SMITH,husband d and wife as tenants fy eiorentirety, both of 4 CurriefiDgveT Dennis, Barnstable County, Massachusetts with Q1)/71eLAiM COVENANTS, the Ia (n Yarmouth, Barnstable County, OFFICIAL OFFICIAL Massachusetts, bow tee and described as follows: COPY NORTHEASTERLY by Canterbury Road, Ninety-Five t9S.00) feet: SOUTHEASTERLY by the junction of said Rood and State Highway (Route 8A), Forty-Seven and 12/I00 (47.12) feet;again SOUTHEASTERLY by said State Highway(Route IA), One Hundred ' Ten and 29/100 (110.29)feet; SOUTHWESTERLY Y _ � J by Lot 4, One Hundred Twenty-Five (12S) feet;and t = NORTHWESTERLY by Lot 19 and a portico of Lot 20,One Hundred i + Forty and 29/100(140.29)feet. i t AU of said boundaries are determined by the Court to be located as shown an plot • 35454-A (Sheet 1) dated July 1970, drawn by Barnstable Survey Consultants hic., es • *'' 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 tri Land —MNRegistration Book 452, Page 82 with Certificate of Title Na, 56402 and said land is shown thereon as LOTS. (.'�""' ( Said 774 land is subject to and with the benefit of the restrictions set forth to an Option between Peter C. 9teaffer et ux and Bernard Brvso, dated April 25, 1988 duly recorded in Book 1398, Page 540. NJ Said land is subject to a water easement set forth in a grunt made by Peter C. 9teof fer et us to the Town of Yarmouth, dated April 16, 1968, duly recorded in Book 1 1399, Page 647. Said land is subject also to an easement set forth in a grant mode by Peter G. • 9teaffer et us to Cape & Vineyard Electric Company and New England Telephone & Telegraph Company dated June 28, 1968 duly recorded in Book 1407, Page 490. Said land is subject to a perpetual right and easement In Canterbury Rood, Stratford Lane, Avon Road mid Cromwell Drive, shown on said plan, and as set forth in a groat made Book 1Peter G. 9teQaffer et us to John Tracy Wiggin dated March 5, 1971 recorded MAYES E.NAVES ►Page 806. duly reC_'^� AT TOME vs.Al-LAW.P 13 CAST MAN STILT tiArAK4.MA CIAO. NOT• NOT So much of said bnsdr1s ties within the limits of Slydlford Lime, Avon Road, Canterbury Roadd, EnlinwTeltDrvc Orford Rgpd,�'asgsliQr7C 4111 2101I01,4 is subfect to the rights of all those 4gwildly entitekt thereto to and ottercthepsore, Together with a right o way as appurtenant to said lard over the war as shown on said plan, in common Ah rs who are now or may hei4ajeerbe entitled thereto. AN For title, rtifenii<mEt tS rrrbdeItolCepttficate of 70I40+4 Stilt I AL COPY COP LY1 ,. A �of i 0411eo ' WITNESS my hand and seal this t3` , 1981. GA eta eem . Sha r COMMONWEALTH OF VIRGINIA County of QG.l fe , 1986 Then personally appeared the above named ABDELALEEM M. SHARSHAR and loewledged the foregoing instrument to be his free act and deed, before me, t Aff 't ti A 4 N•'I�R {4".i• CP0-2(.17.),-;:iikril 1C Notary Public ,'.;t . • 0: •. 'mission expires: .rr+T , Ay23 "/17 MOPES&HAYES •T,CPIEvi-ATOM P( ?)EAST.41.44 STACCIT PLAN OF LAND IN YARMOUTH 35T11/T 1----- JullACITO Barnstable Survey Consultants Inc., Surveyors $h 9t N O T 41 11Y1 A N O F F I C I A L rso„r0 E F I C I A L C O P Y G. .ve (r' O PTY 'arry,, doe,4,.... N 0 a- as e.e i'c:a. N 0 T CO.-,, /tt o% O F F I C I A L D a0 F '• ' ' a .9 `",r•r�i.yi COPY 4 to .t�C • P Y ac-,a s+` 'I . ti 1 ^ It,0. ale�`l0 f o ^ .. ft. 30 e 14, r` "t b �`,�' to r,* ,/�d� tt sz t e_tII i *If X ` el ps. . • aa.• a�. • e-a V 14 17�ar��.., f'�4 r S°o6I*r '.. p' ......:4.. 5/418.701.‘„,', I4.4 �! ! ,. .. c 4 S '= 55 t . k sl.,a ‘ M Iss.°° ,e 07 e e stet I /.ass . : ' :a'r .orr 13 66 4 V., c) \:. r� ye. st r .. 41‘ ct _ .N.• . 4 t4 4.a /44.°9 . .o. (et/✓°tepIr ..., r ..°a 49 �lCCC�ICC pVO� a r.�'•• . slxoo "C i.r 49 .! soil aM :,; tb>r I(-r: 1 52 ..:'''. 5/ 41(:),)j, • .,.•••-:"7' 4: •',., SP • so /4 " sa ' ,» i /sow ,t e) 'a t 36 i r,lo°° le) ba gr :' ,mil �`ti� •ramI' , �I , t23 , a-.0' r - •• • p eb®`Gn H6.la Z 0,600 ,d -o (/thole " tt O :/8 ` OR.- RD._ s.00 = �'� • /f �ie /I�oo � T I 4 /® it6•o° p ;L7t* /00.90 1 O A /9 1 yi tp ti M ...Auaa7 �1 2/ i Vx 12 /ss•• M ....... 7 a G ,6.00 /40� p ' a t ,,g.00 Maoa R Z `6 /9»s /4a°o Nsc'. •o'-0* s 8� t 6 r./41.s!r+ e� • 1 /,ao,00 4 I 'al; �� a -r'r'a.I fI.N'I' I , .^ 7 !� 9 '� 3 wan Rom' =s�oo�' .:- aye 2 I. coo-op HlaHwpY (r ` /4 4 /s0 00 QQ M•Ids) r.N.Q, 6A• 60• :t / :Z �/�soAor. .' (Roofs txuc 1,7c/f, d u/i .441°: z, STATE soar,do•s, o-s Copy f not pion 36, 04 Aa '``~ LAND REGISTRAT/ON OFT/CE '. SCaie of thlt an/so feet to on Inds AL.Woody,_ frpdmrlorCewi✓s Grylls, Mark From: lberch reillyberch.com <Iberch@reillyberch.com> Sent: Friday, June 10, 2022 10:29 AM To: Grylls, Mark; Clarke, Kristin Cc: Sears, Tim Subject: Re: Suitability of Lot for Building Attachments: yarmouthltr.pdf Attention!:This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Hello, Attached please find a letter and exhibit regarding an opinion concerning the property located at 800 Route 6A Yarmouth and its suitability for building. Please review and advise at your earliest convenience. Please let me know if an electronic submission is acceptable or whether I should mail a copy as well. Thank You Lisa Berch Law Offices of Lisa H. Berch 19 South Main Street Randolph, MA 02368 781-961-7313-Telephone 781-961-7343-Facsimile LBerch@reillyberch.com From:Grylls, Mark<mgrylls@yarmouth.ma.us> Sent:Tuesday, May 10, 2022 3:00 PM To: lberch reillyberch.com <lberch@reillyberch.com>; Clarke, Kristin <KClarke@yarmouth.ma.us> Cc:Sears, Tim<tsears@yarmouth.ma.us> Subject: RE:Suitability of Lot for Building You can submit at any time. There are several ahead of you MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER TOWN OF YARMOUTH (508)398-2231 x 1260 1 From: lberch reillyberch.com <lberch@reillyberch.com> Sent:Tuesday, May 10, 2022 2:43 PM To: Grylls, Mark<mgrylls@yarmouth.ma.us>; Clarke, Kristin <KClarke@yarmouth.ma.us> Cc:Sears,Tim <tsears@yarmouth.ma.us> Subject: Re: Suitability of Lot for Building Attention!:This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Mark, Can I provide that letter now or does it need to wait until the building permit application is submitted? Lisa Law Offices of Lisa H. Berch 19 South Main Street Randolph, MA 02368 781-961-7313-Telephone 781-961-7343-Facsimile LBerch@reillyberch.com From: Grylls, Mark<mgrylls@yarmouth.ma.us> Sent:Tuesday, May 10, 2022 2:15 PM To:Clarke, Kristin <KClarke@yarmouth.ma.us>; Iberch reillyberch.com <IberchCa@reillyberch.corn> Cc:Sears, Tim <tsears@yarmouth.ma.us> Subject: RE: Suitability of Lot for Building Hi Lisa, This office does not make these determinations. We will accept a legal opinion and review. If it is not clear to us, we would have town counsel review. Mark MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER TOWN OF YARMOUTH (508)398-2231 x 1260 From:Clarke, Kristin <KCIarke@yarmouth.ma.us> Sent:Tuesday, May 10, 2022 1:57 PM To: 'Iberch reillyberch.com'<Iberch@reillyberch.com> Cc:Sears, Tim <tsears@yarmouth.ma.us>; Grylls, Mark<mgrylls@yarmouth.ma.us> Subject: RE: Suitability of Lot for Building Hi Lisa, I have forwarded your email to my Deputy Building Commissioner and Building Commissioner for assistance with your questions. Thank you, Kristin Clarke 2 Office Assistant Building Department 508-398-2231 X 1261 From: lberch reillyberch.com <'berch@reillyberch.com> Sent: Tuesday, May 10, 2022 1:53 PM To: Clarke, Kristin <KClarke@yarmouth.ma.us> Subject: Suitability of Lot for Building Attention!:This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Ms. Clarke, I represent prospective purchasers of a single family lot in Yarmouth that is undersized. I believe it may qualify for an exception under the Zoning Bylaws. Is there an expedited method whereby the building department would make a determination as to whether that section of the zoning bylaws would pertain to the lot in question before a more formal request for a building permit is made. Thank you for any assistance you can provide. Law Offices of Lisa H. Berch 19 South Main Street Randolph, MA 02368 781-961-7313-Telephone 781-961-7343-F a cs i m i l e LBerch@reillyberch.com 3 I N 0 T N O T A N A N OFFICIAL OFFICIAL COP Y COP Y If 0 i WE, RA DA ,L H. SMITH and DIANNP L SMITH, husband and • wife, as°tinintls rbyl theLentlrety<; loth IotC4I Ceu>t'ier Drive, COPY COPY Dennis, Massachusetts 02638, in consideration of ONE HUNDRED SEVENTY THOUSAND AND NO/100 (5170,000.00) DOLLARS paid, grant to STEWART H. STERN and WAN L. STERN, husband and wife, as tenants by the entirety, both of 44 Lafayette Drive, Trumbull. Connecticut 06611, with QUITCLAIM COVENANTS, the land together with the buildings thereon situated in Yarmouth (Yaraouthport), j Barnstable County. Massachusetts, bounded and described as follows: OT 5, Plan 35454-A, (Sheet 1) . Said land is subject to and with the benefit of the restrictions set forth in an Option between Peter G. Sheaffer et ux and Etrnard Bruso, dated April 25, 1968 duly recorded in Book 1398 Page 540. Said land is subject to a water easement set forth grant made by Peter G. Sheaffer et ux to the Town of Yarmouth a dated April 16, 1968 duly recorded in Book 1399 Page 647. Said land is subject also to an easement set forth in a grant made by Peter G. Sheaffer et ux to Cape & Vineyard Electric Company and New England Telephone & Telegraph Company dated June 28, 1968 duly recorded in Book 1407 Page 490. Said land Is subject to a perpetual right and easement In Canterbury Road, Stratford Lane, Avon Road and Cromwell Drive, shown on said plan, and as set forth in a grant made by Peter G. Sheaffer et ux to John Tracy Wiggin dated March 5, 1971 duly recorded in Book 1501 Page 806. EL.wrT K. SLAOE JR ATr OO.IE7 AT tMr t P o lox as 1 o�xw if I TEL 111171 A 1 1 1% mil',t .r ' �6.4 47 \ t'..Q J4rvZ y - A ( 1 'J NOT NOT AN AN OFFICIAL OFFICIAL COPY COPY r NOT NOT AN AN Us ittithioi✓salti Land as IiesFwr't1116 tbs;114Bits of Canterbury Ro4,dp at yhown on said plaremtelwttpject to the rights of all those lawfully entitled thereto in and over the same. Together with a right of way as appurtenant to said land over the ways as shown on said plan, in common with others who are now or may hereafter be entitled thereto. I. For our title see Certificate of Title No. 106553. WITNESS our hands and seals this /OA. January, 1989. day of S rt\ N M Li d 1 g. : : w4 Lal /6 I.M.----4,..„ ..;.' ri ,t :b u� DIANNE B. SMITH COMMONWEALTH OF MASSACHUSETTS • Barnstable, ss 3 January /o , 1989 Then personally appeared • Smith and Dianne B. Smith ndacknowledged above thee fod regoing g H. instrument to be their free act and deed, before sefi...-- tatf I : Notary Public u�. ELLroTT K suDE. ,R. My commission expires: O • Ammar.T LAW e /� t .` i • 0 aox II 4i WEST DIN..IS.MASS Wan I nL Mtii aN.ua. 11 1