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Lot Inquiry 81522
TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner August 15, 2022 Atty. Paul Tardif, 490 Main St. Yarmouth Port, MA 02675 RE: 43 Carrie Ln. Lot Inquiry Dear Atty. Tardif, This letter is in response to your letter of June 23, 2022. Your input regarding merger has been helpful, however I disagree with your approach and conclusion. The compilation of information was very helpful. Previous decisions by the Zoning Board of Appeals regarding protection of other lots from merger is not always relevant. Each lot review is conducted individually. This office does not consider that the ZBA has set a precedent regarding lot merger. After our phone discussion regarding the parcel history and review of my previous finding, I have concluded that the property is protected as allowed per section 104.3.4 paragraph 5 as this lot was endorsed by the Planning Board on August 8, 1952, appears to have the minimum lot size of 10,000 sq. ft. and at least 75 feet of frontage. It is apparent that the lot was not held in common ownership with more than two abutting lots. Lots created prior to 1947 or 1948 may have been endorsed, however the Planning Board did not exist and therefore could not endorse a plan. In my opinion, these lots described are not protected by 104.3.4 paragraph 2. You have the right to appeal this decision and or seek relief with the ZBA in accordance with MGL 40a §8, and §15. If you have any questions, I am available. Truly, e /, Mark Grylls Building Commissioner { RECEIVED LAW OFFICES OF JUN 23 2022 PAUL R. TARDIF ES ., P.C. I - -- ____ 3UILDING DEPARTMENT i By- 490 MAIN STREET - YARMOUTH PORT,MA 02675 (508)362-7799 (508)362-7199 fax Paul R Tardif,Esq. Stacey A. Curley,Esq. ptardif(a,tardiflaw.com www.tardiflaw.com scurley(ti tardiflaw.com REFER TO FILE NO. June 21, 2022 Mark Grylls Yarmouth Building Commissioner 1146 Route 28 South Yarmouth, MA 02664 Re: 43 Carrie Lane, South Yarmouth, MA Assessor Map 43, Parcel 20 Current Owner: Frederic E. Churchill and Margot D. Churchill Dear Mr. Grylls: Please be advised that this office represents Frederic E. Churchill and Margot D. Churchill, the owners of the property at 43 Carrie Lane, South Yarmouth, MA (the "Property"). After reviewing the title history of the Property, reviewing the most recent Decisions of the Zoning Board of Appeals regarding this issue, and having reviewed the plain language of the Yarmouth Zoning Bylaw, as well as the Lot Inquiry Form, which you signed on May 15, 2014, it is my opinion that the Property is a 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. 43 Carrie Lane,South Yarmouth,MA (Map 43,Parcel 20) The Property is located in the RS-40 Zoning District, contains 11,326 square feet,with 125 feet of frontage on Carrie Lane, and is denoted as Parcel 20 on the Town of Yarmouth Assessor's Map 43. Title to the Property is currently in the name of Frederic E. Churchill and Margot D. Churchill, and the title is derived pursuant to a deed recorded in the Barnstable County Registry of Deeds in Book 28163, Page 26, dated May 23, 2014. The property is denoted as Lot 9 as shown on a plan entitled "Plan of Subdivision of Land in Bass River, Yarmouth as Surveyed for Charles O. & Virginia F. Wilkins, Scale 1"=40', August 8, 1952, Newell B. Snow, Eng.R, Buzzards Bay, Mass.", duly recorded in the Barnstable County Registry of Deeds in Plan Book 106, Page 41. (Plan). 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 unimproved. The title to the property is as follows: Page 1 of 9 Letter to James D. Brandolini 43 Carrie Lane, South Yarmouth, MA -Gordon C. Garfield, a/k/a Gordon C. Rudden to Frederic E. Churchill and Margot D. Churchill, by deed dated May 23, 2014,recorded in the Barnstable County Registry of Deeds in Book 28163, Page 26; -Richard D. Rudden and Frances Rudden, a/k/a Frances R. Rudden to Gordon C. Rudden, by deed dated January 4, 1966, recorded in the Barnstable County Registry of Deeds in Book 1328, Page 463; -Charles O. Wilkins and Virginia F. Wilkins to Richard D. Rudden and Frances Rudden, by deed dated October 14, 1955, recorded in the Barnstable County Registry of Deeds in Book 922, Page 364; As indicated,the total area of the Property is approximately 11,326 square feet and contains a total of 125 feet of frontage on Carrie Lane. The Property is located in the RS-40 zoning district, which mandates the following current minimum bulk requirements for a single family use: Minimum Lot Area: 40,000 sf Minimum Frontage: 150 ft Front Yard Setback: 30 ft Side Setback: 20 ft Rear Setback: 20 ft As you also know, a Lot Inquiry Form was submitted to your Department on April 28, 2014, at which time you issued a Decision that the Property Conformed to the provisions of Massachusetts General Laws c. 40A, § 6, and contingent upon certain conditions, was in fact a buildable lot. Your decision is dated May 15, 2014, and I have attached a copy for your recollection. Needless to say, your Decision, issued approximately 1 week prior to my client purchasing the Property, played a significant role in their determination to proceed with the purchase, and for fair market value as a buildable lot. 239 Pleasant Street, South Yarmouth, MA (Map 43, Parcel 19) The Property is located in the RS-40 Zoning District, contains 15,682 square feet, with 148 feet of frontage on Carrie Lane and 105 feet of frontage on Pleasant Street, and is denoted as Parcel 19 on the Town of Yarmouth Assessor's Map 43. Title to the Property is currently in the name of Frederic E. Churchill and Margot D. Churchill, and the title is derived pursuant to a deed recorded in the Barnstable County Registry of Deeds in Book 34736, Page 255, dated December 10, 2021. The property is denoted as Lot 10 as shown on the Plan. Currently, and based on the tax card of the Town of Yarmouth Assessor's Office, the lot is improved with a single family dwelling. The title to the property is as follows: -Kent Armeson, Conservator for Gordon C. Garfield to Frederic E. Churchill and Margot D. Churchill,by deed dated December 10,2021,recorded in the Barnstable County Registry of Deeds in Book 34736, Page 255; Page 2 of 9 Letter to James D. Brandolini 43 Carrie Lane, South Yarmouth, MA -Gordon C. Garfield, Trustee of the Gordon C. Garfield Revocable Trust to Gordon C. Garfield, by deed dated April 27,2015,recorded in the Barnstable County Registry of Deeds in Book 28846, Page 189; -Gordon C. Garfield to Gordon C. Garfield, Trustee of the Gordon C. Garfield Revocable Trust, by deed dated September 22, 2014, recorded in the Barnstable County Registry of Deeds in Book 28410, Page 28; -Phyllis A. Harty to Gordon C. Garfield, by deed dated June 11, 2012, recorded in the Barnstable County Registry of Deeds in Book 26454, Page 34; -Frances R. Rudden to Gordon C. Garfield, Joan F. Armesonl and Phyllis A. Harty, by deed dated January 24, 1994, recorded in the Barnstable County Registry of Deeds in Book 9017, Page 32; -Frances R. Rudden to Frances R. Rudden, Gordon C. Garfield, Joan F. Armeson, by deed dated February 14, 1992, recorded in the Barnstable County Registry of Deeds in Book 7890, Page 20; -Charles O. Wilkins and Virginia F. Wilkins to Richard D. Rudden and Frances R. Rudden, by deed dated May 27, 1955,recorded in the Barnstable County Registry of Deeds in Book 909,Page 190; 243 Pleasant Street, South Yarmouth, MA (Map 43,Parcel 18) The Property is located in the RS-40 Zoning District, contains 27,007 square feet, with 88 feet of frontage on Pleasant Street, and is denoted as Parcel 18 on the Town of Yarmouth Assessor's Map 43. Title to the Property is currently in the name of Frederic E. Churchill and Margot D. Churchill, and the title is derived pursuant to a deed recorded in the Barnstable County Registry of Deeds in Book 23293, Page 335, dated November 26, 2008. The property is denoted as Lot 1 as shown on a plan entitled"Plan of Land in South Yarmouth,Mass. For Houghton G. and Josephine H. Lakin", dated May 18, 1970, drawn by Thomas E. Kelley, Surveyor, South Yarmouth, Mass., which plan is duly recorded in the Barnstable County Registry of Deeds in Plan Book 238, Page 151. (Plan 2). I have attached a copy of Plan 2 for your reference. Currently, and based on the tax card of the Town of Yarmouth Assessor's Office, the lot is improved with a single family dwelling. The title to the property is as follows: -Violet Leighton, Trustee of the Violet Leighton Realty Trust to Frederic E. Churchill and Margot D. Churchill, by deed dated November 26, 2008, recorded in the Barnstable County Registry of Deeds in Book 23293, Page 335; -Violet Leighton to Violet Leighton, Trustee of the Violet Leighton Realty Trust, by deed dated February9 2000,record ed in the Ba rnstable County Registryof Deeds in Boo k 12850 , 228; ' Joan F.Armeson died on December 6,2010. 2 Richard D.Rudden died on December 11, 1988. Page 3 of 9 Letter to James D. Brandolini 43 Carrie Lane, South Yarmouth, MA -Catherine M. Ramsdell and Robert W. Ramsdell to Robert H. Leighton3 and Violet Leighton, by deed dated July 29, 1983, recorded in the Barnstable County Registry of Deeds in Book 3814, Page 337; -Catherine M. Ramsdell to Catherine M. Ramsdell and Robert W. Ramsdell, by deed dated April 10, 1980, recorded in the Barnstable County Registry of Deeds in Book 3082, Page 263; -Josephine H. Lakin to Catherine M. Ramsdell, by deed dated July 15, 1970, recorded in the Barnstable County Registry of Deeds in Book 1478, Page 881; -Rosemary Weber to Houghton G. Lakin4 and Josephine H. Lakin, by deed dated April 9, 1958, recorded in the Barnstable County Registry of Deeds in Book 1001, Page 112; 39 Carrie Lane, South Yarmouth, MA (Map 51,Parcel 2) The Property is located in the RS-40 Zoning District, contains 8,925 square feet, with 100 feet of frontage on Carrie Lane, and is denoted as Parcel 2 on the Town of Yarmouth Assessor's Map 51. Title to the Property is currently in the name of Michael Bertrand and Joann Bertrand, and the title is derived pursuant to a deed recorded in the Barnstable County Registry of Deeds in Book 22556, Page 22, dated December 4, 2007. The property is denoted as Lot 8 as shown on the Plan. Currently, and based on the tax card of the Town of Yarmouth Assessor's Office, the lot is improved with a single family dwelling. The title to the property is as follows: -James A. Bertrand, Michael A. Bertrand and Susan M. Blumenthal to Michael A. Bertrand and Joann Bertrand, by deed dated December 4, 2007, recorded in the Barnstable County Registry of Deeds in Book 22556, Page 22; -Wayne A. Bertrand, Mary K. Bertrand and James A. Bertrand, Michael A. Bertrand and Susan M. Blumenthal, f/k/a Susan M. Bertrand to James A. Bertrand, Michael A. Bertrand and Susan M. Blumenthal,by deed dated October 19,2006,recorded in the Barnstable County Registry of Deeds in Book 21515, Page 302; -Alonzo A. Bertrand and Leona A. Bertrand to Wayne A. Bertrand, Mary K. Bertrand and James A. Bertrand, Michael A. Bertrand and Susan M. Blumenthal, f/k/a Susan M. Bertrand, by deed dated March 29, 1990, recorded in the Barnstable County Registry of Deeds in Book 7109, Page 222; -Robert O. Dorn and Joan C. Dorn to Alonzo A. Bertrand and Leona A. Bertrand, by deed dated December 10, 1968, recorded in the Barnstable County Registry of Deeds in Book 1422, Page 310; -Charles O. Wilkins II and Virginia F. Wilkins to Robert O. Dorn and Joan C. Dorn, by deed dated November 19, 1968, recorded in the Barnstable Registry of Deeds in Book 1422, Page 309; 3 Robert H. Leighton died on August 25, 1995. Houghton G. Lakin died on March 15, 1968 Page 4 of 9 Letter to James D. Brandolini 43 Carrie Lane, South Yarmouth, MA -John L. Roy and Elaine G. Roy to Robert O. Dorn and Joan C. Dorn, by deed dated March 31, 1960, recorded in the Barnstable County Registry of Deeds in Book 1073, Page 140; -Francis S. Elliot to John L. Roy and Elaine G. Roy, by deed dated September 3, 1957, recorded in the Barnstable County Registry of Deeds in Book 983, Page 574; ANALYSIS As indicated, the Property was created by a plan dated August 8, 1952, at which time the lot size was conforming. From 1946 until 1950, the entire Town of Yarmouth required a minimum of 6,500 square feet to be considered a legal lot. From 1950 until 1960,the entire Town of Yarmouth required a minimum of 8,500 square feet. On March 7, 1960,the minimum lot area for a parcel in this zoning district was increased to 20,000 square feet. This change resulted in the Property becoming legally pre-existing non-conforming.5 Additional zoning changes, as outlined below, were made to the Bylaw on the following dates: March 9, 1971 —RD-1 Zoning District required a minimum of 25,000 square feet April 13, 1982—RC Zoning District required a minimum of 25,000 square feet April 13, 1999—RS-40 Zoning District required a minimum of 40,000 square feet What we can establish is that the Property became non-conforming on March 7, 1960. It is at this time that the analysis must begin. First, we must determine whether the Property was held in common ownership with abutting properties, and how many such properties. 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 held in common ownership with one other property in March of 1960, and would have,under the common law doctrine of Merger,been combined by operation of law at that time. However,that is not the end of the analysis as the Town of Yarmouth has adopted a zoning bylaw which addresses this issue,and in essence,nullifies the Merger doctrine and grants perpetual protections to lots such as the Property. The battle in this case is between the language of the Yarmouth Zoning Bylaw and the merger doctrine. I would refer you to the case of Koines v. Cohasset,91 Mass.App. Ct. 903 (2017),which affirmed the Massachusetts Land Court's careful decision issued in 2016. In this case, the defendants purchased 2 abutting lots in 2014, one containing approximately 21,850 square feet of area, and the other containing approximately 13,486 square feet,well short of the zoning district's requirement of 60,000 square feet. Although the lots had been grandfathered in the past,they came into common ownership in 2007. The Defendants were issued a Building Permit and the Cohasset Zoning Board of Appeals concurred and upheld the issuance of the building permit. The Plaintiff abutter argued that the lots had merged at that time and were not entitled to be built upon. The relevant Cohasset Zoning Bylaw (i.e. Section 8.3), which reads eerily similar to the Yarmouth Zoning Bylaw, authorizes the construction of a one-family dwelling or other lawful building on a nonconforming lot under three circumstances, and states in relevant part: 5 The Property has been located in different Zoning Districts over the years,including the RD-1,RC,and the current RS-40 Zoning District. Page 5 of 9 Letter to James D. Brandolini 43 Carrie Lane, South Yarmouth, MA 8.3 Notwithstanding the lot regulations hereof, a detached one-family dwelling or other lawful building may be constructed on a lot having less than the required area, width, depth, and/or frontage (provided that all other provisions of this bylaw are complied with) if: 1) Such lot is exempted from such requirements by Chapter 40A, Section 6, of the General Laws of the Commonwealth; or, 2) Such lot, on or before the effective date of the requirements in question: a. Was lawfully laid out by plan or deed duly recorded in the Norfolk Registry of Deeds, or registered in the Registry District of the Land Court; b. Was in conformity with the area, width, and frontage provisions of the zoning bylaw, if any, applicable to the construction of such a dwelling or other building on said lot at the time of such registration or recording; and, c. Was, on said effective date, held in ownership separate from that of adjoining land, or if held in ownership the same as that of adjoining land, had an area of not less than: a. 9,000 square feet in R-A district; b. 15,000 square feet in R-B district; c. 20,000 square feet in R-C district; or, 3) Such lot was shown on a definitive subdivision plan duly approved by the Cohasset Planning Board and was in conformity with the area, width, and frontage provisions of the zoning bylaw applicable at the time of such approval to the construction of such a dwelling or other building on said lot. The Defendant argued that the lot did not lose its grandfathered status because § 8.3 of the Bylaw provides "perpetual grandfathering" for such commonly owned lots that nullifies the merger doctrine. The Land Court agreed with the Defendant and upheld the issuance of the Building Permit, and found that"§ 8.3 abrogates the common law merger doctrine and grants perpetual protections to lots even if held in ownership the same as adjoining land, as long as the lots meet certain minimum lot area and frontage requirements." The Court went on to state that under bylaw language, "a lot is considered buildable today if on or before the effective date of the zoning change it was lawfully laid out by plan or deed that was recorded, was in conformity with provisions of the zoning bylaw at the time of such recording, and if held in common ownership with adjoining land, complied with a minimum lot area requirement that varies depending on the particular zoning district where the lot is located. . . . Where perpetual grandfathering, under § 6 is only available to lots held separately at the effective date of the bylaw, § 8.3.2 gives perpetual protection for lots regardless of ownership status, as long as minimum area requirements are met for lots held in common. In effect, § 8.3.2 abrogates the common law merger doctrine." The essence of this position is that a municipality can enact broader protections for owners of nonconforming lots beyond that offered in G.L. c 40A, §6. In fact, municipalities can do away with the merger rule by providing generous exemptions for nonconforming lots held in common ownership. Dalbec v. Westport Zoning Bd. of Appeals, 16 LCR 672, 678, citing Page 6 of 9 Letter to James D. Brandolini 43 Carrie Lane, South Yarmouth, MA Luttinger v. Truro Zoning Bd. of Appeals, 11 LCR 72 . 75 (2003). A zoning bylaw does not have to state explicitly that it abrogates the merger doctrine; it may implicitly abrogate the merger doctrine by its terms. Dalbec, 16 LCR at 678; see Dwyer v. Gallo, 73 Mass App. Ct. 292, 298 (2008) (finding that there was no language in the bylaw that explicitly or implicitly nullified the merger doctrine). The final determination by the Koines Court—"§ 8.3.2 implicitly abrogates the common law merger doctrine and provides for grandfather protection of a nonconforming lot held in common with other lots under certain conditions. Lot 12 meets those conditions. It is a buildable lot today, continuing to retain its grandfathered status." The case was then appealed to the Massachusetts Appeals Court, which stated that "unlike the provision of G. L. c. 40A, § 6, at issue in Preston, supra, the by-law provision in the present case specifically is directed to protect lots meeting specified criteria, despite being held in common ownership with adjacent land that would, under ordinary common law merger principles, cause the commonly owned lots to merge together." The Court finally gave its approval to the home rule doctrine, stating "the principle of deference to the interpretation by an administrative agency carries even greater force in the area of zoning, by reason of"a local zoning board's home grown knowledge about the history and purpose of its town's zoning by- law." Duteau v. Zoning Bd. of Appeals of Gloucester, 47 Mass. App. Ct. 664, 669 (1999). The case was appealed to the Massachusetts Supreme Judicial Court, which denied further appellate review in 2017. A simple comparison of the Zoning Bylaws shows that the same application must apply. The Court has defined that the clear intent of a bylaw must be honored, even in the face of merger. As you may remember, you and I, and the Zoning Board of Appeals, have addressed this analysis with your Department in the past, regarding the property at 121 Town Brook Road, West Yarmouth and at 6 Merrymount Road. In those cases, your department determined that these lots were not buildable based on the merger doctrine. However, in both cases, the Zoning Board of Appeals determined that our zoning bylaw controlled, relying on the Koines case. In both cases, the Board of Appeals overturned your determination. I have attached a copy of Decision 4914 and Decision 4949, which have both been recorded in the Barnstable County Registry of Deeds. As you can see, the Zoning Board of Appeals did in fact overturn your department's determination, and found that the lots in question were still buildable. ZONING: As recited above, the Property in question was created by a plan dated August 8, 1952. At the time that the plan was created, this lot was conforming. It was on March 7, 1960 that the minimum lot area for a parcel in this zoning district was increased to 20,000 square feet as a minimum. This change resulted in this lot becoming legally pre-existing non-conforming, but the Property was held in common ownership with at least one abutting lot on the date it became non-conforming. Yarmouth Zoning Bylaw Section 104.3.4(2) addresses the buildability of"Two (2) or three (3) adjoining lots", and states in relevant part as follows: Page 7 of 9 Letter to James D. Brandolini 43 Carrie Lane, South Yarmouth, MA 2. Any increase in area,frontage or other dimensional requirements of this zoning bylaw shall not apply to a lot for single family residential use, provided the plan for such lot was duly recorded or endorsed and such lot was held in common ownership with contiguous lots and had less than the dimensional and density requirements of the newly effective zoning but contained at least seven thousand five hundred(7,500)square feet and seventy-five (75)feet of frontage, or contained fifteen thousand(15,000)square feet and fifty(50)feet of frontage if approved under section 203.2 of this bylaw. This exemption shall not apply to more than three (3)such adjoining lots held in common ownership. Based on this paragraph, I believe that the Property is a buildable lot. First, the lot was duly recorded or endorsed, and it was held in common ownership with one (1) contiguous lot and had less than the dimensional and density requirements of the newly effective zoning (i.e. 20,000 square feet of area) BUT it did contain at least 7,500 square feet and seventy-five (75) feet of frontage. Finally, the Property was not held in common ownership with more than 3 adjoining lots. As such, my client's Property is in fact grandfathered, and can be improved with a single family dwelling. The relevant facts of this case are the same as in the case of 121 Town Brook Road and 6 Merrymount Road, with the obvious results as pronounced in the Zoning Board of Appeals Decisions. I would rather save my client the time and effort of having to appeal your decision, and instead, have you redetermine the matter, and request that you rescind the same and agree that the lot is buildable. A building permit should be issued to my client upon the review of a proper building permit application. If you would like the full analysis of my position, I am happy to provide it. 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 /th's lot. I thank you for your time and attention to this matter. V ry 1 Your§, . dif Cc: Frederic E. Churchill Margot D. Churchill Page 8 of 9 Letter to James D. Brandolini 43 Carrie Lane, South Yarmouth,MA EXHIBIT A March 7, 1960: 43 Carrie Lane, South Yarmouth, MA - Richard and Frances Rudden 239 Pleasant Street, South Yarmouth, MA - Richard and Frances Rudden 243 Pleasant Street, South Yarmouth, MA - Houghton Lakin and Josephine Lakin 39 Carrie Lane, South Yarmouth, MA - John L. Roy and Elaine G. Roy March 9, 1971: 43 Carrie Lane, South Yarmouth, MA - Gordon C Rudden 239 Pleasant Street, South Yarmouth, MA - Richard and Frances Rudden 243 Pleasant Street, South Yarmouth, MA - Catherine M. Ramsdell 39 Carrie Lane, South Yarmouth, MA - Alonzo A. Bertrand and Leona A. Bertrand April 13, 1982: 43 Carrie Lane, South Yarmouth, MA - Gordon C. Rudden 239 Pleasant Street, South Yarmouth, MA - Richard and Frances Rudden 243 Pleasant Street, South Yarmouth, MA - Catherine M. Ramsdell and Robert Ramsdell 39 Carrie Lane, South Yarmouth, MA - Alonzo A. Bertrand and Leona A. Bertrand April 13, 1999: 43 Carrie Lane, South Yarmouth, MA - Gordon C. Rudden 239 Pleasant Street, South Yarmouth, MA - Gordon C. Garfield, Joan F. Armeson and Phyllis Harty 243 Pleasant Street, South Yarmouth, MA - Violet Leighton 39 Carrie Lane, South Yarmouth, MA - Wayne A. Bertrand, Mary K. Bertrand and James A. Bertrand, Michael A. Bertrand and Susan M. Blumenthal, f/k/a Susan M. Bertrand Page 9 of 9 Letter to James D. Brandolini 43 Carrie Lane, South Yarmouth, MA THE PLAN (Plan Book 106, Page 41) /r63v ter.-9P/ NoO1NY7L S I D ,r , 11 1 co., rr w MAIN � STREET i Tti rn N , mci >....,_._ ,. 0 0 8i °0m < 9 tnj 1-11 1 iPA 6 tp d �a 3, A 0 { D °.'w o C*fJ C*fi ,O nm-�z R q x xm> Zo,- RD0 A L , _ eCO,PpD 0A „«a,s,.P a_.... O y,� 3 A m� pa g x c $ o ,o n N N j Z $ 6 A $� a N Fk-I I 3 " m 2 D ° C 8 a 9Ea > a °' $ i 0 0 —_____ .— 21 n..„-:.._ ; '� '�i C*ici C M gJ 8P v � . 8 9 0® u O O i p m o $� 8 ° > yam. AP of "r 14 o. p. 0 6°o P 0 ° 7 m 2 z y 3 n r 8o m t 1 C , 5 : , ..., 1 r,,., ,. L -0,-.X K,G, tg '1y;_a a>i PLEASANT , : lei THE PLAN 2 (Plan Book 238, Page 151) . 4 t 7TI.P38 - is/ , If P€', OF6 NAL OF IAL } o' O FN$OT� A L IO F CNOT� A L � 1 ✓ s 4..v.,' WILLIAM N.0AGNON ETUX !—--—--— /p 8K.1326 P6.300 '� I 1 m ». 94 1 p�4 LOCUS SKETCH SCALE I"z 1000' --��. SB(FOUND) ��yy, �—J, 92.39.. 4y N38°56'15"W N48°3fi 40"E CB(FOUND) �+' 10.40 SB(FOUND) ' WQ F 1 DONALD A. 3 BARTIE ET ET UX Y BK.973 PG.154 I O 2 O� LOT a-6 n c 18,037 SO.FT. , _____ KENNETH H.STUDLEY ET UX N S I BA.902 PG.527 1 . '0 0 )—-— 8 O LOT8 O ALONZO A. BERTRAND ET UX BK.1422 P0.310 CB(9ET) ,' N51°51'15"E Cs(SET) 90.57 r_____----__ LOT 8-5 JAMES F.RUHAN ET AL 8K.1233 PU.215 /� \ W / ` \ '?i`� CORDOLOT IX N C BRUDOEN IX / '7,..„..... NBK.1328 P0.483QP / M 0 \\ N / b SH ADS SOFT.I. —______ 'V u z o 0 / m / EH w GASTON O L.T LEMOINE JR. ET U% C BK.1969 PG.83 O 3 I v / 2 LOT 10 / SB(FOUND) Ill RICHARD D. W in RIDDEN ET UX I- 01 BK.909 P6.190 a ., Q. m 3 ‘4e2o 0 TO$ \SOpo, 'm 4.a7 lygy \3\ 1.02 CB(FOUND) GB(FOUNOI �4, ,,, (26.80 ._ g41°92'30'W '851°47'40"W 87.65 �XfEEE" S49°3500"W 127.82 49 WIDE PLEASANT STREET a.,os 5 slat ho PLAN OF LAND IN SOUTH YARMOUTH,MASS. NOTE; LOT 2 TO BE USED ONLY IN CONJUNCTION FOR WITH ADJOINING LAND. APPROVAL UNDER THE SUBDIVISION CONTROL HOUGHTON G. AND JOSEPHINE H. LAKIN LAW NOT REQUIRED. GATE..Y�. . �0...� MAY 18,1970 SCALE 1"°40' L THOMAS E.KELLEY [t4)'' J, �_ SUY OU �Y� SOUTH YARMOUTH,MASS. gposTAD1Z itAGISTRY OP DEEDS .s3 614._ — JUi.1819 `TM` � . i YARMOUTH PLANNING BOARD M1EY titEC ROOT) : ex.4 e. 4 °su —Pi.Ar(09oaiT r�3,P--PAM,/mil LOT INQUIRY FORM (MAY 15, 2014) (43 Carrie Lane) 5, S0 t RECEIVED s=max o A TOWN OF YARMO i • I :._ ;;.:�:. BUILDING DEPARTMENT 1146 Route 28, South Yarmouth, MA 02664 508- laSL .;,R_i-- ENT L LOT INQUIRY FORM (used for zoning purposes only) 1{ Assessors' Map No. 43 Lot No. 20 Street Address 43 Carrie Lane, S. Yarmouth 6vS.If /le f P B. A-PPLOvAi. 9 I" /S2 Endorsement Date of Subdivision Plan and Type(if applicable) October 3, 1952 S P B. Fn.-"'. C 2 y Total Land Area(sq.ft.) 11 ,230 sq. f t. 125 f t Frontage Gorden C. Rudden P.O. Box 263 Name of Current Owner Address S. Yarmouth,MA 0 2 6Mephone No. (5 0 8)3 9 8-3 9 2 6 Inquirer's Name(if different from owner)Matthew P. Fitzsimmons, Esq Telephone No.(508)827-4078 - Inquirer's Mailing Address 25 Mid-Tech Dr,Suite F,W. Yarmouth,MA 02673 Building Intent Single Fam. DwellingAdjoiningLotNumbers 43/18,43/1943/21 & 5.2/2 I By signing this application I assert my understanding that the purpose of this inquiry is to determine whether the aforementioned I lot(s)qualifies for protection afforded certain heretofore-undeveloped land and that to the best of my knowledge this lot(s)has never previously been built upon. Signature of Applicant Date of Inquiry DECISION(for office use only) Does not conform to the applicable provisions of M.G.L.Chapter 40A,Section 6,Definitive Plan Exemption and/or the applicable zoning bylaw,as per the information provided on this elate. Reason: V Conforms to the applicable provisions of M.G.L.Chapter 40A,Section 6,and/or Section 104.3.4,Para. 3 of the zoning bylaw,as per the information provided on this date. Comments: 2.c v/moo .•'r- ,i. d ___ /z../4 14, - - ik-.ti5 r_-for✓ ,ir' /a PW Sat �'P" vasL04-7-, Protected pursuant to the applicable provisions of M.G.L.Chapter 40A,Section 6,Definitive Plan Exemption. pplication is incomplete. Comments: Adequate road access must be present. A determination of adequate access shall be made by the Planning Board pursuant to M.G.L.Chapter 41 prior to the issuance of a building permit.(if applicable.) ✓/ / Shall satisfy Title V requirements.(See Health Dept.) '✓ Shall satisfy Conserv.ion regulations,if applicable. Shall satisfy the Old 'I gs Hia• •' . ' 'e;f 'stork District Commission(if ap livable) avestigator's Signamre .-`- -�,.,,�/ Date b-- /S /Y Rev. 8/02 1 43 Carrie Lane, South Yarmouth (Map 43, Parcel 20) 43 CARRIE LN Location 43 CARRIE LN Mblu 43/20/// Acct# 6449 Owner CHURCHILL FREDERIC E Assessment $196,800 PID 6449 Building Count 1 Current Value Assessment Valuation Year Improvements Land Total 2022 $800 $196,000 $196,800 Owner of Record Owner CHURCHILL FREDERIC E Sale Price $160,000 CHURCHILL MARGOT D Certificate Care Of Book&Page 28163/0026 Address 243 PLEASANT ST Sale Date 05/23/2014 SOUTH YARMOUTH,MA 02664 Instrument UNKQ Qualified Q Ownership History Ownership History Owner Sale Price Certificate Book&Page Instrument Sale Date CHURCHILL FREDERIC E $160,000 28163/0026 UNKQ 05/23/2014 I j RUDDEN GORDON C $0 I 1328/0463 RUDDEN GORDON C $0 1 I 1 /0 Building Information Building 1 : Section 1 Year Built: Living Area: 0 Replacement Cost: $0 Building Percent Good: Replacement Cost Less Depreciation: $0 Building Attributes Field Description Building Photo Style: Outbuildings [ .;Building Photo Model (https://images.vgsi.com/photos2/YarmouthMAPhotos//default.jpg) Grade: Stories: Occupancy Exterior Wall 1 Exterior Wall 2 Roof Structure: Roof Cover Interior Wall 1 Interior Wall 2 Building Layout 1 Interior Fir 1 Building Layout(ParcelSketch.ashx?pid=6449&bid=6810) Interior Fir 2 -9-' ........... Building Sub-Areas(sq ft) Legend 'Heat Fuel Heat Type: I No Data for Building Sub-Areas AC Type Total Bedrooms: Total Bthrms: Total Half Baths: Total Xtra Fixtrs: Total Rooms: Bath Style: Kitchen Style: Num Kitchens Cndtn Num Park Fireplaces Fndtn Cndtn Basement Extra Features Extra Features Legend No Data for Extra Features Land Land Use Land Line Valuation Use Code 106V Size(Acres) 0.26 Description AC LND IMP MDL-00 Frontage 0 Zone Depth 0 Neighborhood 0070 Assessed Value $196,000 Alt Land Appr No Category Outbuildings Outbuildings Lggen�1 I I Code Description I Sub Code Sub Description Size Value Bldg# SHD1 i SHED FRAME 1 192.00 S.F. $800 1 I Valuation History Assessment Valuation Year Improvements Land Total 2022 $800 $196,000 $196,800 2021 $800 $184,100 $184,900 '2020 $800 $176,000 $176,800 (c)2022 Vision Government Solutions, Inc.All rights reserved. Bk 2 33. s,a. F'-26 *22179 05---23—.20 .4- 02 41a� NAONT QUITCLAIISI REED 44c. L OFF I CI IOA L Y" GARFIELD a k/ N C. RUDDEN, an unmarried man, of 239 Pleasant Street, South Yarmouth, MA 02664 in consideration of ONE HUNDRED ,,I,X,SYT THOUSAND ($160,00440Q) DOLLARS AND NO/100, grant to FREDERIC E. gIVRCHILL and MARGOTONCHURCHILL, husband and wife as tenanttb3Ptle einteetniketh of 243 PltaFarft S1r t,iSc uth Yarmouth,MA 02664 COPY COPY x WITH QUITCLAIM COVENANTS ° The land together with any buildings thereon, situated in Yarmouth (Bass River), Barnstable County,Massachusetts,bounded and described as follows: NORTHEASTERLY by Carrie Road, as shown on a plan hereinafter mentioned, cn one hundred twenty-five(125.00)feet; ai SOUTHEASTERLY by Lot 10, as shown on said plan ninety and 17/100 (90.17) feet; MSOUTHWESTERLY by land now or formerly of Josephine Robinson,as shown on said plan, one hundred twenty-five and 00/100(125.00)feet; and a -0 NORTHWESTERLY by Lot 8 as shown on said plan, eighty-nine and 51/100 (89.51)feet. Being shown as Lot 9 on plan of Land entitled "Plan of Subdivision of land in Bass River, Yarmouth, as surveyed for Charles O. & Virginia F. Wilkins, Scale 1"= 40', August 8, 1952, Newell B. Snow, Eng'r., Buzzards Bay, Massachusetts", which said plan is duly recorded in said Registry in Plan Book 106,Page 41. Together with a right of way appurtenant thereto in and over the aforementioned Carrie Road. The Grantor represents under the pains and penalties of perjury and hereby certifies that this premises has never been the primary residence of the grantor and further warrants and represents that there are no persons entitled to any rights of Homestead under M.G.L.c. 188 in the premises conveyed by this deed. �tikt;«C �-�'Efavra••y .. s«< For title see deed recorded with the.Barnstable County Registry of Deeds in Book o Io 3 3 fso 1328,Page 463. ,uysfuvt <ztlt<,<,. at� The street address of the property is 43 Carrie Lane, South Yarmouth,MA 02664 at (sns) Bk 28163 Pg27 #22179 NOT NOT AN nrq4s6n)fhtin and seal t1,4, F 1dy pfkilty, 2014. COPY COPY NOT N Je' AN A ICORDON C. GARHELs OFFICIAL OFFICIAL COPY COPY COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this 13"day of May, 2014, before me, the undersigned notary public, personally appeared GORDON C.GARFIELD Et personally known to me,or O proved to me through satisfactory evidence of identification,which was driver's license tJ (other:) to be the persons whose names are signed on the preceding or attached document, and who swore or affirmed to me that the contents of the documents are truthful arld accurate to the best of their knowledge and belief. MICHAEL L. LAVENDER • • . „ Notary Public 1 fift COMMONWEALTHOFMASSACHUSETTS My CatruniSsion Expires Notary Public 4,- August 26, 20i6 My Commission Expires: MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 05-23-2014 02:41om MI: 1060 Doi:4: 22179 FPe: $547.20 Cons: $1607000.00 BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Dv.tPt 05-23-2014 a o2:4ipm ct1.1% 1060 Doc il,; 22177 Feet 1;432,00 Con sz i160A00,00 _noutzt to,:n4y .LatV 9)0 ios3 _St.rezt Dvmlaf. '14ffati4.--41c4 U. (10S) 3bY'l/S9 BARNSTABLE REGISTRY OF DEEDS .NAaN___.-•_ Oa N OFFICIAL OFFICIAL COPY COPY NOT NOT AN AN OFFICIAL OFFICIAL COPY C O P Y .., MASSACHUSETTS QUITCLAIM DEED I LONG FORM 882 a/k/a Frances R. Rudden, We, RICHARD D. RUDDEN and FRANCES RUDDEN4 husband and wife, as tenants by the entirety of Yarmouth (West) , Barnstable County,Massachusetts, imixxsoexmocierf,for consideration paid,grant to GORDON C. RUDDEN of Pleasant Street, Yarmouth (South) , Barnstable County, Massachusetts s x x with quitclaim cusrnanfa the land iR together with any buildings thereon, situated in Yarmouth (Bass River, Barnstable County, Massachusetts, bounded and described as follows: [Descriptwn and encumbrances,if any] NORTHEASTERLY by Carrie Road, as shown on a plan hereinafter mentioned, one hundred twenty-five (125.00) feet; SOUTHEASTERLY by Lot 10, as shown on said plan ninety and 17/100 (90.17) feet; SOUTHWESTERLY by land now or formerly of Josephine Robinson, as shown on said plan, one hundred twenty-five and 00/100 (125.00) feet; and NORTHWESTERLY by Lot 8 as shown on said plan, eighty-nine and 51/100 (89.51) feet. Being shown as LOT 9 on plan of Land entitled "Plan of Subdivision of land in Bass River, Yarmouth, as surveyed for Charles O. & Virginia F. Wilkins, Scale 1" -- 40', August 8, 1952, Newell B. Snow, Eng'r., Buzzards Bay, Massachusetts", which said plan is duly recorded in said Registry in Plan Book 106, page 41. Together with a right of way appurtenant thereto in and over the aforementioned Carrie Road. For title see deed of Charles O. Wilkins and Virginia F. Wilkins dated October 14, 1955 and recorded with Barnstable County Deeds in Book 922, page 364. Consideration is such that no documentary stamps need be affixed. tl '1 is PAa 463 E (+Individual—Joint Tenants—Tenants in Common—Tenants by the Entirety.) N 0 T , _______ _ N. 0 T _ AN "A' N n 1 3o •1328 PACE 464 OFF I C I A L COPY OFFICIAL COPY i . NOT NOT AN AN OFFICIAL 0 F basalt .Q.44.034 COPY GrafiDar . 1 Edenexecoosickpottcraidixsiabtxxic daximr3goutti"c3utx*xeckbtatitstximmitiodignacenx Mums our hands and seals this fourth. day of.Jailtiary I.9..6.6.. . ' 7t P • VereaRt.ti den0441/41 r anceliTi4. na4:n '‘'`1141311 t !,- ., MO emsmonwral* at Miassadiuseths . Barnstable SI January 4, 1966 Then personally appeared the above named Richard D. Rudden and Frances R. Rudden and acknowledged the foregoing instrument to be their free an deed, before me 4.....---.. . otary Pu ir—14010•41-11.t...Peace• My Commission Expires // ,19 ef , atimAR-8 1966AND RECORDED 1 • 54 92.1. "Min Bat this release shall not in any way affect or impair the right of95. Hyannis Co-operat3,!e fnk,,to hold under said mortgage ag,secnr y for the 364 sum remaining dne't�hetbon; er to sell under the power oi'Isdle �laid mort- gage contained, allptheNresainder of the premises thereinAco eyed and not hereby released. OFFICIAL OFF I .Q I A L IN W y pF.,the said HYANNIS CO-OPERATIVE BA has caused. its corporates {t bye heLireto affixed and these present®tBbeYsigned, sealed, acknowledged and delivered in its name and behalf by Lillian Olsen, its Treasurer, hereunto duly authorized, this day of 1955. N O T N 0 T AN q� yA N 4. O F F I C I A L Hl6►�II�S, COPY By C d surer A.HAROLD CASTONGUAY ATTORNEY AT LAW HYANNIS,HASS. • COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. October 1955 Then personally appeared the above named Lillian Olsen, Treasurer as aforesaid, and acknowledged the foregoing instrument to be the free act 1 and deed of said Hyannis Co-operative Bank, before me Notary Public My Omission expires 19 t` .t: Wit• � Y44v L .G CASTONGUAY f NET AT LAW NES•NASS. Barnstable, ss., Received October 14, 1955, and is recorded. 144* 1 CHART, 0. WILKTNS and VIRGINIA F. WILKINS, husband and wife, as Tenants by the Entirety, of Yarmouth (South) Barnstable County,Massachusetts, irsiorumMed, for consideration paid, grant to RICHaRD D. RUDDEIN and FRANCES RUDDEN, husband and wife, as Tenants by the Entirety, 11 . of Yarmouth (West), Barnstable County, asesslateshis Massachusetts, with QUITCLAIM COV LINTS, (Description and eagambautcas,if■ny) A certain piece or parcel of land, together with any buildings thereon, situated in Yarmouth (Bass River), Barnstable County, Massachusetts, bounded and described as follows:-- 922. NORTHEASTEPLY by Carrie Road, as shown on a plan hereinafter mentioned, dci,e Hur, red Twenty-five (125. 0) feet; O Z, 365 SOUTHEASTERLY by Lot 10, aVVsApsh,w n on said plan Ninety and AN 17/100 (90.177'feet; OF F I C I AL OR F. F I C I A I SOUTHWESTERLY by land now or formerly o Josephine o inson k as shown of sadppixn, One Hundred Twenty$i p Y and 00/100 (125.00) feet; and NORTH.ESTTraRLY bnd 80, one said plan, Eighty—nin , OA�T Being shown as LOT 9 on plan ofNland entitled (Plan of Subdivision of land in Bass River, YY'm 1tlF, Je QarIeeyetd If or CharlesCO.F&8i kiea I A I F. Wilkins, Scale 1" -- 40', Aµgust .g, 4952, Newe11 B. Snow, EL.g. . Buzzards Bay, Massachusetts", i ai plan is duly recorae i s dY 4 Registry in Plan Book 106, Page 41. Together with a Right of eiay appurtenant thereto, in and over the aforementioned Carrie Road. For our title reference is made to the deed of Alice B. Davis to us, dated September 26, 1952, recorded in Barnstable Deeds, Book 824, Page 264. -c of—sai+greeter, tetiafte-release---to-said-grantee-all-eights-of d and-otlna i..t,,.wts-t§e r. Mantas OS.1x..hands and sear this 14th day of OCtobera..._„1)55. -<-') -,4,2 , ti, ,-,'�, .; tea- t it f / X • tilt. O nntiums italtIi , ad u efe Barnstable, sa October 14, 19 55. Then personally appeared the above named CHARLES O. W'ILKINS his E and acknowledged the foregoing instrument to be free act and deed,before me r . . a Notary Public—justice of the Peace • l � o: 19 My commission eaputs 4Q G�s�rfR**` C 1 s h . or : E s tex ,.vi : r01 cor emeanxoassaoxesnrs — ,,_ , ..1)rzcisTiq :f-."--.,!-e--' ,-,',r_r_a_V.PrIA. c-. j ' in*t,t,.,t r (• ) ' V'2. , brit 3 CG Barnstable, ss.,NR2eived October 14, 1955, andDisCreTOrded. n.r.e RELEASE OF LIEN Fare A.18 N O�iT N O T AKA ALL MEN BY THESE PRESENTS A N OFFICIAL OFFICIAL COPY COPY may"Town of Yarmouth in the County I of Barnstable the holder of a lien on the real property of Willis H. Baker recorded in recorded. In O Registry of Deeds, Barnstable County, Book 4i 859 , Page i 78 In 00 Land Court, County, Document n , noted on Certificate iacknowledges satisfaction and hereby releases the aforesaid lien. . Executed and sealed this 10th da.y of October 1955 .ci• testy r �'XtirWP•iti. Town o - .-• BY. (..v•,v",.• .r ., ,,<.f Eeing (a-ma-j-e,44y-ef) (the duly delegated agent of) the Board of Public Welfare of Yarmouth THE COMMONWEALTH OF MASSACHUSETTS Barnstable SS. September 10 1955 Then personally appeared the above named Helen W. Smezey and acknowledged the foregoing instrument to be the free act and deed 'a BU before me ,... , !iCo;.the to, of Yarmouth ' c _ r:` Notary 'Public ii '".:' " %1\. My commission expires:lI/FZ c-r194 h1 Barnstable, ss., Received October 14, 1955, and is recorded. . H444 $ I 239 Pleasant Street, South Yarmouth (Map 43, Parcel 19) 239 PLEASANT ST Location 239 PLEASANT ST Mblu 43/ 19/// Acct# 6494 Owner CHURCHILL FREDERIC E Assessment $496,500 PID 6494 Building Count 1 Current Value Assessment Valuation Year Improvements Land Total 2022 $233,200 $263,300 $496,500 Owner of Record Owner CHURCHILL FREDERIC E Sale Price $601,000 CHURCHILL MARGOT D Certificate Care Of Book&Page 34736/255 Address 243 PLEASANT ST Sale Date 12/10/2021 Instrument 1H SOUTH YARMOUTH, MA 02664 Qualified U Ownership History Ownership History Owner Sale Price Certificate Book&Page Instrument Sale Date CHURCHILL FREDERIC E $601,000 , 34736/255 1H 12/10/2021 GARFIELD GORDON C $100 28846/0189 1F 05/05/2015 GARFIELD GORDON C TR $100 28410/0028 ( 1F 09/29/2014 GARFIELD GORDON C $100 27733/0350 1F 10/02/2013 GARFIELD GORDON C $100 27733/0349 j 1F 10/02/2013 Building Information Building 1 : Section 1 Year Built: 1951 Living Area: 1,525 Replacement Cost: $356,582 Building Percent Good: 65 Replacement Cost Building Photo Less Depreciation: $231,800 Bwlding Attributes °:� ,,' Field Description x !- Style Ranch c. k � u j 1 t s+ s a s, k."' t, Model Residential ` t Grade: Average+10 i Stories: 1 Story g. 1 Occupancy Exterior Wall 1 Wood Shingle +r Exterior Wall 2 Roof Structure: Gable/Hip ..(https://ima esv sicom/photos2/YarmouthMAPhotos//\00\02 g g \53\41.jpg) Roof Cover Asph/F Gls/Cmp Building Layout Interior Wall 1 Drywall/Sheet Interior Wall 2 K PINE/A WD BAS Interior Fir 1 Hardwood 15 I Interior Fir 2 35 8 5 20 I Heat Fuel Oil Heat Type: Hot Water 18 PTO 18 20 AC Type: None 13 Total Bedrooms: 3 Bedrooms , 5 1 Total Bthrms: 2 Total Half Baths: 0 55 BAS UBM 20 Total Xtra Fixtrs: 24 2 Total Rooms: FEP L I Bath Style: Old Style 17 5 Kitchen Style: Old Style 24 FOR 22 15 I Num Kitchens 00 6 --._ 20 Cndtn 24 Num Park (ParcelSketch.ashx?pid=6494&bid=6860) Fireplaces Building Sub-Areas(sq ft) Legend Fndtn Cndtn I Gross Living . Codei. Description . Area Area Basement BAS First Floor 1,525 1,525i ,5 5 FEP Porch,Enclosed,Finished 102 0 FGR Garage 576 0 PTO Patio 234 0 UBM Basement,Unfinished 1,000 0 3,437 1,525 L Extra Features Extra Features LAMA Code Description Size ! Value ; Bldg# FPL1 FIREPLACE 1 ST 1.00 UNITS I $1,400 1 Land Land Use Land Line Valuation Use Code 1010 Size(Acres) 0.36 Description SINGLE FAM MDL-01 Frontage 0 Zone Depth 0 Neighborhood 0080 Assessed Value $263,300 Alt Land Appr No Category Outbuildings Outbuildings Legend No Data for Outbuildings Valuation History _ I Assessment Valuation Year Improvements Land Total 2022 $233,200 $263,300 $496,500 2021 $197,500 $283,300 $480,800 2020 $197,400 $302,700 $500,100 (c)2022 Vision Government Solutions, Inc.All rights reserved. Bk 34736 Pg255 #80279 12-10-2021 @ 10: 47a ti ;I .I N � R+ N �R[j�`I'ABLE COUNTY E%GIBE TAX MASSACHIIS S STATE EXCISE TA% ABAiTSTABLE COUNTY REGISTRY OF DEEDS BARNSTABLE C>AUNlNY REGISTRY OF DEEDS Date: 12-7�10 2021 ? 10:47am Dee: �L2�0-z02�,' I10A47 n 0 F F Ict ii: 1257' L Doc#: 80279 Ctl#: 257`, O P Y Doc#: 80279 C aeR E,839.06 Cons: $601,000.00 Fee: $2,055.42 Cons: $601,000.00 N O T N O T A N A N O F F I C I [TI'TCLAIM $E 'D FICIAL COPY COPY t I, KENT ARMESON, of 177 Larissa Drive, Charleston, South i .' : Carolina, as Conservator for GORDON C. GARFIELD, Barnstable Probate Docket No. BA21P0612PM, by power conferred by License of the Barnstable Probate Court dated November 29, 2021 and every other power, i . for consideration paid, and in full consideration of SIX HUNDRED ONE THOUSAND AND 00/100 ($601, 000.00) DOLLARS, t %Zs.... grant to FREDERIC E. CHURCHILL and MARGOT D. CHURCHILL, husband 1,. . 3 L and wife as tenants by the entirety, of 243 Pleasant Street, 0-- Yarmouth (South) , Massachusetts, with quitclaim covenants ., the land together with the buildings thereon, located at 239 Pleasant Street, Yarmouth (South) , Barnstable County, Massachusetts, bounded and described as follows: NORTHWESTERLY: by Lot 9, as shown on plan hereinafter mentioned, Ninety and 17/100 (90.17) feet; ti" `, NORTHEASTERLY: by Carrie Road on said plan, One Hundred Forty- 4i ,., „, seven and 89/100 (147.89) feet; SOUTHEASTERLY: by a curved line having a radius of 25.0 feet, Q.-. ii forming the intersection of Pleasant Street and Carrie Road, as shown on said plan, Thirty-eight and 28/100 (38.28) feet, and by Pleasant Street by a straight line, on said plan, Sixty-seven and !� 12/100 (67. 12) feet; and , SOUTHWESTERLY: by land now or formerly of Josephine Robinson on said plan, One Hundred Seventy-five and 54/100 (175. 54) feet. Law Offuc of j l Karen Weston Hat""'n'EC. 'I Being shown as Lot 10 on plan entitled "Plan of Subdivision of 889 West Main Street,Unit 2 i I F,Dm n18 l land in Bass River, South Yarmouth as surveyed for Charles O. Tiva leis,MA 02601 ;1 Tel.508.790.4326 I i Bk 34736 Pg256 #80279 NOT NOT AN AN OFFICIAL OFFICIAL COPY COPY NOT NOT AN AN OFFICIAL OFFICIAL COPY COPY and Virginia F. Wilkins, scale 1" = 40' August 8, 1952 Newell B. • Snow Engineer" which said plan is filed in the Barnstable County Registry of Deeds in plan book 106, page 41. The Grantor herein does hereby voluntarily release any and all 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. The above-described premises are conveyed subject to and h together with the benefit of all rights, rights of way, easements, restrictions, reservations, statements, conditions and agreements of record, if any there be, insofar as the same i; are in force and applicable. For title see deed dated April 27, 2015, and recorded with the I: Barnstable County Registry of Deeds in Book 28846, Page 189. • ... .. 1, li Bk 34736 Pg257 #80279 Ili 1, 1 1 NOT NOT ,I I i AN AN OFFICIAL OFFICIAL COPY COPY NOT NOT AN AN I OFFICIAL OFFICIAL I I COPY COPY 1 Witness my hand and seal this / . day of )4..e."kr' , 2021. I ; 1 I Kent Armeson, Conservator ! for Gordon C. Garfield • i i h STATE OF SOUTH CAROLINA County of Charlej/4,, I`cf On this day of 2)4.0//41...--- , 2021, before me, the undersigned notary public, personally appeared KENT ARMESON, Conservator as aforesaid, proved to me through satisfactory evidence of identification, which was 1404 /02.15.71z/ , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public My commission expires: elx/i41/2,A) 9,94',,„.' '‘N)‘..4o TA •d'''' 1?1-:. •PIX Z . co: Comm. .:. /Vi Y omm,Exp .7.- t...= 02-07-2023 . r. . 1 1•-,.,06;: -.180.0... ./ 1 <laXkoNs‘ 1 4twitOu"°°. JOHN F. MEADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY Bk 28846 P9189 19730 0—.05-20155 & 02= 59Q N 0 T QUITCLAIM DEED A N A N 0 F, GORDON C. GARFIELD, fif Sbuth cY'amAuth, County of Barnstable, Massachiateas,P Tilistee of the GORDt t XGARFIELD REVOCABLE TRUST, UID/T September, 22'd 2014, abstract of trust under M.G.L. 184 Section, 3$4 receded in Barnstable Regist! of Deeds Book 28410, Page 26, for consideratioA q►,i' ONE DOLLAR (1.00), giAn4Nto GORDON C. GARFIELD, indiyitit4lyz t ' peasant Street' ou h cY4rnputli, Massachusetts, with QUITCI&JwI}CQVENANTS: COPY The land, together and the building thereon, situated in Yarmouth (Bass River), Barnstable County,Massachusetts,bounded and described as follows: NORTHWESTERLY: By Lot 9, as shown on plan hereinafter mentioned, Ninety and 17/100 (90.17)feet; NORTHEASTELY: By Carrie Road on said plan, One hundred Forty- Of seven and 89/100 (147.89)feet; SOUTHEASTERLY: by a curved line having a radius of 25,0 feet, le I 0 a forming the intersection of Pleasant Street and Carrie Road, as shown on said plan, thirty-eight and 28/100 (38.28) feet, and by Pleasant Street by a straight line, on said plan, Sixty-seven and 12/100 (67.12)feet; and SOUTHWESTERLY: by land of Josephine Robinson on said plan, One Hundred Seventy-five and 54/100 (175.54) feet. Being shown as Lot 10 on plan entitled"Plan of Subdivision of land in Bass River, South Yarmouth as surveyed for Charles O. and Virginia F. Wilkins, scale 1" =40' August 8, 1952 Newell B. Snow Engineer" which said plan is filed in the Barnstable County Registry of Deeds in plan book 106,page 41. This conveyance has the benefit of a right of way over Carrie Road. For title see the deed September 22, 2014 and recorded in the Barnstable County Registry of Deeds in Book 28410,Page 28. 4-,La L Elve,J.t Witness my hand and seal this 27'h day of April, 2015. e$te<=n.y at 1i+t.• ,,uu„fuGc< t�ttr_u,e.Ott GORDON C. GARFIELD,Trustee 020.3, szt: Bk 28846 Pg190 #19730 N 0 T N O T A N A N OFFICIAL OFFICIAL COPY COPY COMMONWEALTH OF MASSACHUSETTS N 0 T April 27,2015 Barnstable,ss. T A N A N O F F. A I C A On tlas d7p c y of April, 201�, befF eorr , to undersigned notary public, personally appeared GORDON C. GARFIELD, as Trustee, who proved to me through satisfactory evidence of identification, to be the person who signed the_: ,,.; ti preceding document before me and acknowledged to me that heotr 4, voluntarily for its stated purpose. 146 ublic .'' MICHAEL L. LAVENDERNotary�� ; s,�"r . ,.. Notary Public Mycommission expires COMMONWEALTHOFMASSACHUSETTS � � My Commission Expires \v August 26, 2016 i .ttigazt .eaLo al.t c4ttoutt.q at a' !Pe) t3a' t'i K 4,SO 41144s: heel Y3au:iat. (141711e,e.11- 0163 '. (;,cb) ib2.1rSg Bk 28846 Pg191 #19730 NOT CERTIFICATE OF IVIQ;6TME F ATT N A N I, 9ox�daK C. &ifi4,A, of 239 9)'gaSF an; Str'Tee�, I8outh Yarmouth Massachusetts, ©I'r$s$ee to the Gordon C C far$ied Revocable Trust dated September22,2014 (the "Trust") abstract being recorded in the Barnstable CNufltSE Registry of Deeds NoOkT28410, Page 26 and hereby decXa as follows: A N OFFICIAL OFFICIAL 1. The undgrRgFcieX, Gordon C. Garfiect °iP 4e sole Trustee of said trust. 2. That the trust remains in full force and effect; 3. All of the beneficiaries are of full age; 4. All of the beneficiaries are competent; 5. All of the beneficiaries have consented to the transfer of the realty located at 139 Pleasant Street, South Yarmouth, Massachusetts, for nominal consideration, to GORDON C. GARFIELD, individually. SIGNED under the pains and penalties of perjury day of April 27th day of April, 2015. JLt4 . ../.7 ,e .' '"1-" GORDON C. GARFIELD rustee COMMONWEALTH OF MASSACHUSETTS Barnstable ss. April 27,2015 On this 27th day of April 2015,before me personally appeared the above named GORDON C.GARFIELD,trustee,being personally known known to me,to be the person whose name is signed on the forgoing Trustee's Certificate,and who acknowledged that he executed the same voluntarily for its stated purpose. 1 MICHAEL L. LAVENDER 1 • • } ' y Notary Public Michael L.Lavender,Notary Pub YY e f� i COMNtON Augur OPMASSACHUS£IiS My commission expires 7 ;•,� . My Commission Expires ,:, i i August 34. 20i 6 a . BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register r Bk 28410 P928 044094 09--29--2014 a 10 2080. NOT QUITCLAIM DEED AN AN OFFICIAL OFFICIAL I, CGOR IN C. GARFIELD o!: Si uth 'Yarmouth, Massachusetts, for consideration paid of One ($1.00) Dollar, hereby grant to GORDON C. GARFIELD° 'trustee of The GORDON 001 GARFIELD REVOCABLE TRUST, U4/j'dated September 22, 2014,Abstract of trust recorded herewith, of 2316 Ple!.sapt cSttee, Louth Yarnao thF l'ila&ashigets, with QUITCLAIM COVENANT i: y COPY The land, together and the building situated in Yarmouth (Bass River), Barnstable County, Massachusetts,bounded and described as follows: NORTHWESTERLY: By Lot 9, as shown on plan hereinafter mentioned, Ninety and 17/100(90.17)feet; NORTHEASTELY: By Carrie Road on said plan, One hundred Forty- seven and 89/100(147.89)feet; SOUTHEASTERLY: by a curved line having a radius of 25.0 feet, e 2° forming the intersection of Pleasant Street and Carrie Road, as shown on said plan,thirty-eight and a 28/100 (38.28) feet, and by Pleasant Street by a 'd 5 ,c straight line, on said plan, Sixty-seven and 12/100 $� o (67.12)feet; and aw � SOUTHWESTERLY: by land of Josephine Robinson on said plan, One Hundred Seventy-five and 54/100 (175.54)feet. a 0 l Being shown as Lot 10 on plan entitled "Plan of Subdivision of land in Bass River, South Yarmouth as surveyed for Charles O. and Virginia F. Wilkins, scale 1"=40' August 8, 1952 Newell B. Snow Engineer"which said plan is filed in the Barnstable County Registry of Deeds in plan book 106,page 41. This conveyance has the benefit of a right of way over Carrie Road. For title see the deed dated January 24, 1994 and recorded in the Barnstable County Registry of Deeds in Book 9017, Pages 32 and also deed dated June 11, 2012 and recorded in the said Barnstable County Registry of Deeds,Book 26454, csast .L rac'aALt Page 34. clittovrz''y at .a .130 1BOK v' SISo eMata .Sttrzt ;l utttait <111ffa1c.citc4 o26so at. (5o0 302-:;S9 tlt Bk 28410 Pg29 #44094 2 N 0 T N 0 T A N A N O FACriasshn.}t hand-end seal th0 ZEnir day 6f Septeerhber.2014. COPY COPY N O T N O T A N N OFFICIAL O F A(1 COPY GOR X1N1. GARFIEL COMMONWEALTH OF MASSACHUSETTS Barnstable,ss. September 22,2014 On this 22nd day of September, 2014, before me, the undersigned notary public, personally appeared GORDON C. GARFIELD, who proved to me through satisfactory evidence of identification,be it a valid Massachusetts Drivers License, to be the person who signed the preceding document before, t _. acknowledged to me that he signed it voluntarily for its stated purpose r> 3;: '",'s. aka Y a -:`;:. "-2."..,,-.4r. ,... R! �•�� ply y(, �;✓y.+ 4 4 _ MICHAE!t ,LAVENDER Michael L. Lavender,No ! • 4.A tx-. . Notary Public t ,' ceMMQcomtnisiiMASSACHUSETTS p�$�errs My commission expires 8/26/16 s, '., i'• d August 2 2D16 r vAl( a!L L. LQVcadre `PO SOY ra89 giSarlt(aw .Sh i 8aoutJC: ,VilLig:..:�i1 4 oa09a at (3os) 502->789 BARNSTABLE REGISTRY OF DEEDS Bit 26.4i- 54. P�34 036568 • O4 —28-2012 al 10=52cn N 0 T QUITCLAIM PEED A N A N o If, FPNYLLIISAAL HARTY,OfFSdhid ICekinty of Waldo, State of Maine, for br id3tration paid of One ($E00) Dolrar hereby grant to GORDON C. GARFIELD of 239 Pleasant Street, South Yarmouth, Massachusetts 02664, with QUI1X t MM COVENANTS: N 0 T A N A N 0 .oil E0fInt( intore$j in the land ' antic the buildings situated in Yarmouth 1/41:4ssy River), Barnstable outeotixty3 Massachusetts, bounded and described as follows: y NORTHWESTERLY: By Lot 9, as shown on plan hereinafter mentioned, Ninety and 17/100 (90.17)feet; vz, NORTHEASTELY: By Carrie Road on said plan, One hundred Forty- c seven and 89/100(147.89)feet; 0. SOUTHEASTERLY: by a curved line having a radius of 25.0 feet, M forming the intersection of Pleasant Street and N z Carrie Road, as shown on said plan,thirty-eight and a g 28/100 (38.28) feet, and by Pleasant Street by a lastraight line, on said plan, sixty-seven and 12/100 Q (67.12) feet; and r4 SOUTHWESTERLY: by land of Josephine Robinson on said plan, One Hundred Seventy-five and 54/100(175.54) feet. Being shown as Lot 10 on plan entitled"Plan of Subdivision of land in Bass River, South Yarmouth as surveyed for Charles O. and Virginia F. Wilkins, scale 1"=40' August 8, 1952 Newell B. Snow Engineer"which said plan is filed in the Barnstable County Registry of Deeds in plan book 106,page 41. This conveyance has the benefit of a right of way over Carrie Road. For title see the deed dated January 24, 1994 and recorded in the Barnstable County Registry of Deeds in Book 9017,Pages 32. „141 Witness my hand and seal this /1 day of June.2012. 4ttotnsy at JPO _or 1os3 tP LLIS . RTC' 3,50 dljatn S'Lscee aunatrets War tar,rJZfv� 02630 at (gas) 362-11S9 t a Bk 26454 Pg 35 #36568 2 NOT NOT AN AN OFFICIAL STAg'ffOY I{hArtNE AL COPY COPY Waldo County,ss. 2012 Nt NOT On thisp N day of June, 2012, beforeAun, the undersigned notary public, pei@oR'ally Itp f'eaitedY PHYLLIS A.F'I ,RPT'c, 'l [proved to me through satisfactcqygvK eXce of identification, to Se he person who signed the preceding document before me and acknowledged to me that she signed it voluoir,L;or its stated purpose. :•.•� ' i *0 ,r s Q otary Public a .c;!,0 * : 4 .77 My commission expires%A' rc y'.� +3 • • •y. 4Itoti.j at Zaa. PO Box 10.53 31So 44aln. &vit Barnuagfc (Vdrag.,r Elcf� o263a Jrf (;os) 362.1)89 BARNSTABLE REGISTRY OF DEEDS • BP'09017-00:32 94-01-24 2107 *04739 N 0 T OUITCLAIM DEND0 T I, FRANCES R. R5DkEN, unmarried, of 39 Pleasant Street, South Yarmouth, Bdr isEablZ do4n1✓y, Mass udet*t6, krtc insideration of ONE DOLLAR ($1.00) fpdP Y COPY grant to GORDON C. GWIELD, JOAN F. ARNEO41, and PHYLLIS A. HARTY, e all of 239 Pleas Street, South Yarmo tMassachusetts, as Joint Tenants with Right kef Survivorship and as Tenants in Common, OFFICIAL OFFICIAL WITH QUITCLAIM &OOFTArS C 0 P Y the land in Yarmouth together with the buildings thereon, situated in Yarmouth (Bass River) , Barnstable County, Massachusetts, bounded and described as follows and subject to a reservation of a life estate in the Grantor herein as more particularly stated below:— NORTHWESTERLY by Lot 9, as shown on plan hereinafter mentioned, Ninety and 17/100 (90.17) feet; NORTHEASTERLY by Carrie Road, on said plan, One Hundred Forty- seven and 89/100 (147.89) feet; SOUTHEASTERLY by a curved line having a radius of 25.0 feet, forming the intersection of Pleasant Street and Carrie Road, as shown on said plan, thirty-eight and 28/100 (38.28) feet, and by Pleasant Street by a straight line, on said plan, Sixty-seven and 12/100 (67. 12) feet; and SOUTHWESTERLY by land of Josephine Robinson on said plan, One Hundred Seventy-five and 54/100 (175. 54) feet. a Being shown as Lot 10 on plan entitled "Plan of Subdivision of land in Bass River, South Yarmouth as surveyed for Charles 0. and Virginia F. Wilkins, scale 1" = 40' August 8, 1952 Newell B. Snow Engineer" which plan is filed in the Barnstable County Registry of Deeds in plan book 106, page 41. THE GRANTOR HEREIN HEREBY RESERVES TO HERSELF THE EXCLUSIVE RIGHT TO OCCUPY, RENT, OR IMPROVE THE GRANTED PREMISES DESCRIBED IN THIS DEED DURING HER LIFETIME; THE GRANTOR'S INTENT IS TO CREATE A LIFE ESTATE BY SAID RESERVATION. For title reference see deed to the Grantor herein recorded herewith and see also deeds recorded in the Barnstable County Registry of Deeds in Book 909, Page 190, Book 7890, Page 020, and confirmatory deed related thereto. This conveyance has the benefit of a right of way over Carrie Road. Executed as a sealed instr nt this 41 d., of , 1994. dF CES R. RU D ors AmommilisimillIMIll OF G 1?- D -01-24 2107 404?39 N OCgMMONWEALTH OF MAS AeJWSETTS Barnstable, ss. AN AN ^^yy 1994 OFFICIAL O /2 AL- ` Then persiznaal.1y Yappeared the 6\r& *a d, Frances R. Ru dden, and acknowledged the foregoing instrument to be he ree act and deed, before me,N o T T AN O F F I C I A INotary °TF:' ,Po „ "6? COPY COPY My commission expires: 9. . i 7r r2 t •, '.`i ARNSTABLE REGISTRY OF D 400. • , not 7890 PAGE 020 NOT NOT Frances R. Rudden A N A N 1•1 073 OFFICIAL OFF ICIAL of 239 Pleasant Strt atO Spui:111 Yarmouth, Barnstable O Gunic Massachusetts unmarried, in consideration of Love aNd QtfTection N 0 T A N A N OFFICIAL OFFICIAL 1 COPY COPY grants to Frances R. Rudden, Gordon C. Garfield and Joan F. Armeson, all of 239 Pleasant Street, South Yarmouth, Massachusetts • With tclttitn rottttutnts 4.1 o nt tenants and not as tenants in common, tel�n to Yarmouth together with buildings thereon. situated in Yarmouth (Bass River) , Barnstable County, Massachusetts, bounded and described as follows:-- NORTHWESTERLY by Lot 9, as shown on plan hereinafter mentioned, Ninety and 17/190 (90.17) feet; NORTHEASTERLY by Carrie Road, on said plan, One Hundred Forty- seven and 89/100 (147.89) feet; SOUTHEASTERLY by a curved line having a radius of 25.0 feet, forming the intersection of Pleasant Street and Carrie Road, as shown on said plan, thirty-eight and 28/100 (38.28) feet, and by said Pleasant Street by a straight line, on said plan, Sixty- seven and 12/100 (67.12) feet; and ( SOUTHWESTERLY by land of Josephine Robinson on said plan, One Hundred Seventy-five and 54/100 (175.64) feet. Being shown as Lot 10 on plan entitled "Plan of Subdivision of land in Bass River, South Yarmouth as surveyed for Charles 0. and Virginia F. Wilkins, scale 1" = 40' August 8, 1952 Newell B. Snow Engineer" which plan is Liled in Llte ueitioLable Cuu:tty I eyisLt.y of Dcc:do in plan book 106, page 41. This conveyance is subject to a life estate,reserved for my daughter, Phyllis A. Harty,and has the benefit of a right of way over Carrie Road. For title reference see Deed dated May 27, 1955, recorded in the Barnstable Registry of Deeds in Book 909, Page 190. Executed!fluted instrumc t day of February 19 92 �Ihe Qtommantoealth of AnsoncIpmetto Barnstable ss, February / 1992 Then personally appeared the above named Frances R. Rudden free act and deed, 'sa4 C4µiA(r:,(O and acknowledged the foregoing instrument to be her t'��M�� y• ,, C �.3{f r� lttYY. t i Rejnre mv. • S{ I+Adf • O1r4im# My commission expires Dec, 4t t!<f V i � M +' FEB 2592 re , l�illtlJl.)� • • Rhrr'vss ' hand a and seal a this _Z 7 day of }Tay ,A.D.19 55 . , Signed and sealed in the presence of— ., a -- Al titer 0-:-_Kiiiry lJ A N _ - -.A-•-N-l 0 F F T C-.L.-...A-.-r _.._..-.------. "..f2=--F-=-- -E_a._ .--- COMMONWEALTH OF MtSs4SHisR[yTS COPY .88: COUNTY..OF BtRNS11?LE *AY PI 7. +19 55. appeared the above-named LESTER D. HENRY NRY and NE ,ZEOC.h Y N 0 T N anit foregoing instrument to be their free act and deed,before me, . A N N ,M155iL.-�iTTF ,,:, 7 C'0 F F I C I A I7fe1.bert E. N • C 0 P Y Hy commission expires C ©eer_17, 1959 Barnstable, ss., Received May 27, 1955, and is recorded. . i.., .,..,jii:::::,7:''.:.'''..'..'- .1 R ' ) OI �._ =' Se c /. . ofe • i: 1.- p Me, ChhR.ES 0. s;ILKINS and VIRGI:.IA F. WILKINS, husband and wife as ca Tenants by the Entirety, of Yarmouth (Bass River), Barnstable County,Massachusetts, 6 i...0,1,w�.wWwtfot consideration paid,grant to RI C� :RD D. RDDDEN and GG 4 I FRANCES R. RUDDEF husband and wife as Tenants by the Entirety, �, of Yarmouth (West11 j, Barnstable County, e::assachusetts, e with *radiant aesraMitta }!Q "�' 4De,aip,ise sad mnanbnees,if say) • A-i certain piece or parcel of land together with the buildings thereon, situated in Yarmouth (Bass River), Barnstable County, vassachusetts, bounded and described es follows:-- t NORTHWESTERLY by Lot 9, as shown on plan Hereinafter mentioned, Ninety and 17/100 {90.17} feet; NORTHEASTERLY by Carrie Road, on said plan, One.Hundred Fort:7- seven and 89/100 (147.89) feat; SOUTIMASTELY by a curved line having a radius ot, 25.0 feet, i N forming the intersection of Pleasant:-Street and '\ . Carrie Road, as shown on said plan Thirty-eight Na and 28/1O0 (38.28) feet, a d>by sa _F easant Street by a straight line,-on sdid.gla�i, Sixty- seven and 12/100 (67.12) feet; anti- '' SOUTHWESTERLY by land of Josephine RobinfoA on said plan, One Hundred Seventy-five and 54/100 (1 '5.54) feet. Being shown as Lot 10 on plan entitled "B]..an,o!• .trubdivision of Land in Bass River, Yarmouth, as Surveyed for Charles 0. & Virginia F. Wilkins, scale 1" -- 40', August 8, 1952, Newell B. Snow, Rrg'r.", which said piAn is duly filed in Barnstable County Registry of Deeds, in Plan Book 106, Page 41. Together with a Right of Way therewith, in and over the afore • - mentioned Carrie Road shown on said plan. For our title reference is made to the deed of Alice B. Davis to us, dated September 26, 1952, recorded in Barnstable County Registry `$fJ9 of Deeds, Book 824, Page 264. N 0 T i 19.1 w�i5e: o - Minces °�' hands andFFalsFHtisI C27rthA L 32 F F I GO A L dap of y e `15. C 0 P )p. - ; '' '-C -0 P Y N O T 7 N O T ie Glnmttuanthslai of Iltztamtriplarlis A N Barnstable, ssO F F ICIAL r.* 'ti, I1p5I A I They personally appeared the above named C P Ri E3 0. WILKINS S C O P Y and acknowledged the foregoing instrument to be his free act and deed,before me No pry Public-Janice of the Peace My commission expires' '''-"" i j 19 t' �. .. r C I 111DX 3 0130.r L"l: � isln>,3a as NI if N Barnstable, ss., Received May 27, 1955, and is recorded. XtmG-We MiffJ. =aim and Jill& L. &MI husband and rifts_.____._..._..._._. ..._.-___. ..._._._ ___ as tenants .1 the enf retY,._..._..._.__.__.___._.._.__.._._.___._....__.._._.:._.__...__._____._..._.__........._._._._._ I �. oL__Nga79od_t.__.-______— p#_. ____County, Massachusetts,AXAMOICIIM631. (hereinafter called the Grantor(s)),for consideration paid,grant to Cape&Vineyard Electric Company,a Massachusetts corpora- tion, and New England Telephone and Telegraph Company, a New York corporation, their successors and assigns,as tenants in common,(hereinafter called the Grantees),with Quitclaim Covenants,the perpetual right and easement to erect,operate,maintain and remove a line with the necessary poles,wires,cables,guys and other tixturea and appurtenances for the transmission of electricity and intelligence upon,over,under and across the ;i., land of the Grantor(s)situated in._Yarangataalkail,.. Barnatable_.... County,Massachusetts,described substantially as follows: ___ s; NearneaCrowelldews .. air and Grantors'Grantors* adjacent land shown as Lot b2 on a revised plan of ' Book 58y Pace dated t938 and recded witk Barnstable County Deeds is Plan t Pines the location of said easement to be established by the erection of said line. ' o8ether with the right to trim cut and remove each s Grantees may with with or en tees and underbrush as in the judgment of the afor9aaid pur'poser. danger said line and egzriPnnent and to enter upon said land for say of the It is agreed that each pole Line and each sad every part thereof,whether fixed to the zesty oroy f` and raisin the property of the grantees,as their interest may ape A. I I I i 243 Pleasant Street, South Yarmouth (Map 43, Parcel 18) 243 PLEASANT ST Location 243 PLEASANT ST Mblu 43/ 18/// Acct# 6472 Owner CHURCHILL FREDERIC E Assessment $767,700 PID 6472 Building Count 1 Current Value Assessment Valuation Year Improvements Land Total 2022 $489,700 $278,000 $767,700 Owner of Record Owner CHURCHILL FREDERIC E Sale Price $735,000 CHURCHILL MARGOT D Certificate Care Of Book&Page 23293/0335 Address 243 PLEASANT ST Sale Date 12/02/2008 SOUTH YARMOUTH , MA 02664 Instrument 10 Qualified U Ownership History Ownership History Owner Sale Price Certificate Book&Page Instrument Sale Date CHURCHILL FREDERIC E $735,000 23293/0335 10 12/02/2008 LEIGHTON VIOLETTR $1 12850/0228 1F 02/28/2000 LEIGHTON VIOLET $0 12850/0222 1F 02/28/2000 LEIGHTON ROBERT H $0 /0 Building Information Building 1 : Section 1 Year Built: 1960 Living Area: 2,986 Replacement Cost: $620,981 Building Percent Good: 75 Replacement Cost Less Depreciation: $465,700 Building Attributes Building Photo 1 . z Field Description I Style: Cape Cod Model Residential Grade: Average+20 Stories. 2 Occupancy , _ , Exterior Wall 1 Wood Shingle q;, 1 Exterior Wall 2 vinyl Siding r L_. 1 Roof Structure: Gable/Hip f am� �i�' jii Roof Cover Asph/F GIs/Cmp ii �� ry Interior Wall 1 Drywall/Sheet (https://images.vgsi.com/photos2/YarmouthMAPhotos/�00\03\54\91.jpg) 1 1 Interior Wall 2 Building Layout 'Interior Fir 1 Carpet 'Interior Fir 2 Hardwood FEP Heat Fuel Gas 20 IHeat Type: Hot Water .AC Type: Central j 3 Total Bedrooms: 4 Bedrooms CTH j Total Bthrms: 1 BAS Total Half Baths CRL Total Xtra Fixtrs: 24 Total Rooms: 8 Bath Style: Modern 30 37 Kitchen Style: Modern --E) Num Kitchens 00 litf EAS ORE.. OP # 14 14 14 10 Cndtn 1 3 Num Park 30 3 " Fireplaces FHS FUS k--- BAS BAS 8 8 j Fndtn Cndtn UBM UBM 4 t 1 Basement 26 26 12 24 FFP4 )Ag nd (ParceISketch.ashx?pid6472&bid=6835) Building Sub-Areas(sq ft) Gross Living Code Description Area Area ry BAS First Floor 2,206 2,206 FUS Upper Story,Finished i 624 624 FHS Half Story,Finished 312 156 CRL Crawl space I 1,270 0 CTH Cathedral Clng 720 0 FEP Porch,Enclosed,Finished 232 0 FOP Porch,Open,Finished 72 0 UBM Basement,Unfinished 1 936 0 WDK Deck,Wood 42 0 6,414 2,986 Extra Features Extra Features Legend Code Description Size Value Bldg# FPL2 1.5 STORY CHIM 1.00 UNITS $1,900 1 OOS OPEN OUT SHOWER 1.00 UNITS $0 1 I EOS End Outs Shwr 1.00 UNITS $0 1 HTL HEATILATOR VEN 1.00 UNITS $1,900 1 Land Land Use Land Line Valuation Use Code 1010 Size(Acres) 0.62 Description SINGLE FAM MDL-01 Frontage 0 Zone Depth 0 Neighborhood 0080 Assessed Value $278,000 Alt Land Appr No Category Outbuildings Outbuildings Legend Code Description Sub Code Sub Description Size Value Bldg# FGR1 GARAGE-AVE 720.00 S.F. $8,100' 1 SPL2 VINYL/PLASTIC 612.00 S.F. $6,400 1 1 PAT2 PATIO-GOOD 330.00 S.F. $800 1 SHD1 SHED FRAME 120.00 S.F. $700 1 j SHD1 SHED FRAME 136.00 S.F. $800 1 _ _ BTH2 W/PLUMBING 240.00 S.F. $3,400 1 1 Valuation History Assessment Valuation Year Improvements Land Total 2022 $489,700 $278,000 $767,700 2021 + $450,400 $299,100 $749,500 i 2020 $393,400 $320,200 $713,600 (c)2022 Vision Government Solutions, Inc.All rights reserved. Bk 23293 Po335 6O799 12-02--2008 a 03:39p N 0 T QUITCLAIM DEED° T A N A N KNOW ALL MEN TTH F I4 SENTS than\to et to ghiot*; trustee of the VIOLET LEIGHTON REALTYcTIZUSTY under a declaration gf ?cu't dated February 9, 2000, and recorded in Book 12850, Page 223. Having a mailing address of 243 Pleasant Street, South Yarmouth,Massachusetts ii2a4?' N 0 T A N A N for consideration°ptgd Fared ern 1fu l &onsideratio l ;f l W 1 IV IH JI DRED THIRTY-FIVE THOUSAND &00/103 PRArs4$735,000.00), COPY grant to: Frederic E. Churchill and Margot D.Churchill, husband and wife as tenants by the entirety o both of 8 George Hill Road,Grafton, Massachusetts 01519 g with QUITCLAIM COVENANTS, the land located at 243 Pleasant Street, South Yarmouth, Barnstable County, Massachusetts 02664, together with any buildings thereon, more particularly jbounded and described as follows: d NORTHWESTERLY by Lot 2, as shown on plan hereinafter mentioned,ninety and 6' 57/100(90.57)feet; NORTHEASTERLY by Lots 9 and 10,as shown on said plan, three hundred and 64/100 (300.64)feet; SOUTHEASTERLY by Pleasant Street,as shown on said plan, one and 02/100(1.02) feet and eighty-seven and 65/100(&f:645)feet;and SOUTHWESTERLY by Lots B4 and &5., as shown on said plan, two hundred three and 28/100(203.28)feet. M Being LOT 1,containing 26,893 square feet,more or less, as shown on plan entitled: "PLAN OF LAND IN SPUTH YARMOUTH,MASS. FOR HOUGHTON G.AND JOSEPHINE H. LAKIN", dated May 18, 1970, drawn by Thomas E.Kelley,Surveyor,South Yarmouth,Mass., p which said plan is recorded in Barnstable County Registry of Deeds in Plan Book 238, Page 151. The grantor herby certifies as follows: 1. I am the sole Trustee of the Violet Leighton Realty Trust; 2. Said trust has not been altered,amended or revoked and is still in full force and effect; 3. All of the beneficiaries of the Violet Leighton Realty Trust are of full age and legal capacity and none of the beneficiaries is a corporation; 4. I, as Trustee, have been directed by said beneficiaries to transfer the property at 243 Pleasant Street,South Yarmouth,MA for$735,000.00, the consideration recited in this deed. (?) Bk 23293 Pg 336 #60799 NOT NOT For title, see deed recorded wMMli the Barnstable County Retistliii of Deeds in Book 12820, Page 228. OFFICIAL OFFICIAL COPY COPY WITNESS my hand and staal4hg 'day of November,142(188 T AN AN OFFICIAL F I C AOr L COPY COPY ,1 iolet Leighton, rust r COMMONWEALTH OF MASSACHUSETTS Barnstable,ss. November cZ _, 2008 Before me, the undersigned notary public, personally appeared Violet Leighton, Trustee, " and proved to me through satisfactory evidence of identification, being(check whichever applies): • driver's license or other state or federal governmental document bearing a photograph image, o oath or affirmation of a credible witness known to me who knows the above signatory, or o my own personal knowledge of the identity of the signatory, to be the person whose name is signed above, and acknowledges to me that she signed the foregoing instrument voluntarily of her own free act and deed. '0,� �Mfl a Mt••.S' <.. , Notary blic- rf e ' / vr My commission expires: 0/14//c? %@ ':rktrit� �� . MASSACHUSETTS STATE EXCISE TAX <�G` 7 BARNSTABLE COUNTY REGISTRY OF DEEDS �. !".1i14t14 .v Date: 12-02-2008 9 03:39ora Ct1$: 1313 Doc$: 60799 Fee: $2,513.70 Cons: $735,000.00 BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY Of DEEDS Date: 12-02-2008 a 03:39nm Ctl$: 1313 Doi$: 60799 Fee: $1,675.80 Cons: $735,000.00 2 BARNSTABLE REGISTRY OF DEEDS BK 128S0 PG228 1 1 S20 02-20-2001O e O8 s SS N O T N O T A N QUITCLAIM DEED A N OFFICIAL OFFICIAL I,Violet Leighton,with the mailing address of 220 Nesmith tret,Lowell, Massachusetts,for considp}-at}pn,gaid,and in full consideration of,9 00/l00($1 MO) Dollar,grant to Violet Le}t t21 ar her successors,Trustee of the V LEIGHTON REALTY TRUST under a Deotaration of Trust dated Febru�Y 2 0 na4 re orded with Barnstable Cot*l egi>;i'trylof Peeis l%retvith,with a mgliifg aeldr s 2 0 t csitiith Street, Lowell,Massachusetts,fvitlkqu$}clilm covenants the following WesQibgl premises: The land with buildings thereon,situate in Yarmouth(Bass River),Barnstable County, Massachusetts,being located at 243 Pleasant Street,more particularly bounded and described as follows: NORTHWESTERLY by Lot 2,as shown on plan hereinafter mentioned,ninety and 57/100 (90.57)feet; NORTHEASTERLY by Lots 9 and 10,as shown on said plan,three hundred and 64/100 (300,64)feet; SOUTHEASTERLY by Pleasant Street,as shown on said plan,one and 02/100(1.02)feet and eighty-seven and 65/100(87.65)feet;and SOUTHWESTERLY by Lots B-4 and B-5,as shown on said plan,two hundred three and 28/100 (203.28)feet. Being LOT I,containing 26,893 square feet,as shown on plan entitled:"PLAN OF LAND IN SOUTH YARMOUTH,MASS.FOR HOUGHTON G,AND JOSEPHINE H. LAKIN",dated May 18, 1970,drawn by Thomas E.Kelley,Surveyor,South Yarmouth,Mass., which said plan is recorded in Barnstable County Registry of Deeds in Plan Book 238,Page 151. Being the same premises which were conveyed by deed of Catherine M,Ramsdell and Robert W.Ramsdell dated July 29, 1983 and recorded in the Barnstable County Registry of Deeds,in Book 3814 at Page 337 to Robert I1.Leighton and Violet Leighton,husband and wife, as tenants by the entirety. The said Robert H.Leighton died on August 25, 1995. A copy of his death certificate is recorded herewith. This Deed was prepared by information provided by the Grantor herein and no independent title exam has been conducted. Subject to all rights,reservations,restrictions,easements and mortgages of record,if any. Witness my hand and seal this 9th day of February,2000. Witn ss: �7 est 'iL& L y ! Violet Leighton THE COMMONWEALTH OF MASSACHUSETTS Middlesex,ss. February 9,2000AA:: a , Then personally appeared the above named Violet Leighton and ackndwle ''�;{f�i;"'•., foregoing instrument to be her free act and deed before me, �* ` •• � DONAHUE&DONAHUE Otary Public 7' y Qr ATTORNEYS Pc. My Commission ' yy:•• TWENTY ,� � e�t= * iweoaroPae s� .y ' ,•,••L. ,�T,. LOWELL.MASS.01052.2203 . .r`✓.1,�jJ ��' KAREN K.DEACHMAN ` ru.rors�~se cseT Notary Public BARNSTABLE REGISTRY OF DEEDS My Co Apyll t4,ll14,Commission Exptn= ( 2006 f A N U Du Tc.MN Dam a ItifOlYtd{TAL) 001 3814 rp6t 3 F F I °'�" "'Y, ICIAL COPY C0P29:150 We, CATHERINE M. RAMSDFT,,OofirYarmouth (Bass River), Bffnbtaijtl.e County, Massachusetts, alo QBERT W. RAMSDELL, of fagynitigiuggii, "talekaslatxtntseira Ai tlenenti iP. dommon, OFFICIAL iviisprieuranistakforoonsiderationpaid,god@fultcokliderationof NINETY THOUST I�4D®nt$7 0 100 4 .i ($9 y000.00) `-DOLLARS grantato ROBERT H. LEIGHTON and VIOLET LEIGHTON, husband and wife, as tenants by the entirety, both of 33 Hovey Street, Lowell, xi Middlesex County, Massachusetts, with totttd*tut tanrttatda ; `r thelandia with buildings thereon, situate in Yarmouth (Bass River),Barn- stable County, Massachusetts, being located at 243 Pleasant Street, 1 • more particularly loaiwmau:dauvmbreotaa,Ifanrl bounded and described as follows: NORTHWESTERLY by Lot 2, as shown on plan hereinafter mentioned, ninety and 57/100 (90.57) feet; NORTHEASTERLY by Lots 9 and 10, as shown on said plan, three hundred and 64/100 (300.64) feet; SOUTHEASTERLY by Pleasant Street, as shown on said plan, one and • 02/100 (1.02) feet and eighty-seven and 65/100 (87.65) feet; and SOUTHWESTERLY by Lots B-4 and B-5, as shown on said plan, two hundred three and 28/100 (203.28) feet. Being LOT 1, containing 26,893 square feet, as shown on plan • entitled: 7TEWR OF LAND IN SOUTH YARMOUTH, MASS. FOR HOUGHTON G. AND JOSEPHINE H. LAKIN", dated May 18, 1970, drawn by Thomas E. Kelley, Surveyor, South Yarmouth, Mass., which said plan is recorded in Barn- ; stable County Registry of Deeds in Plan Book 238, Page 151. For title see deed of Catherine B. Ramsdell to the grantors ;ry herein dated April 10, 1980, recorded with Barnstable County Deeds in Book 3082, Page 263. (i�7{ ci:.pa`r.t.iv ). '{ r;. ACQHIISE)S ti ,1`d(%1!'"=',E „; ',veal -2 0 5. 2 Q h r . �itarar „gur bands and seals this , ,4 .day of or ......»..„419...� „ ll i$I►t Qimtmnarnraltil at daaautllttar1ta Barnstable, as. g 19 83 Then personally appeared the above named Catherine M. Ramsdell and ac mowledged the foregoing instrument to be her fzte-ktt and *I..before me Notary Public-Kb:aka My commission erotism 19 t' (*Individual—Joint Tenets—Teoente In Ccanmoo.) CHAPTER 183 SEC.6 AS AMENDED BY CHAPTER 497 or 1969 Beery deed premstod for record shall contain at hart endorsed upon it the full Dame,residence and pod office Wren of the srrrarrm end a recital at the amount of the full comideredon thereof in dollars or the nature of the other consideration thetdor,if not delivered for a sperl&moewt ma.The full consideration shall rs>eeo the total price for the merreyeace without deduction far stay liana or aecumbeencee eaumed by the grantee or remaining thereon.All such endorseoxnn sad recitals ehali ha recorded p part of the deed. :e "allure to mmpis with this sertiam shall not affect the ratio of any deed.No manta of deeds Mall accepta teed for mord e%mhos It it to mcpiience with the sagntraoents of this section. tli.tli.all��L�JUL 2923 N 0 T N 0 T A T'j A N OFFICIAL OFFICIAL V ri ~�+ C 0 P .jtASSACMUSET S QUITCLAIM DEED SHIRT FS,ty�M otJOUAt.)sal Ao09oppAuE 263 N 0 T 08476 1 , CATHERINE B. RAMSd1ELN, A N OFFICIAL OFFICIAL • of Yarmouth (Bass Riv�1")0 p y Barnsta 1t CentpMrrsarh1' being unmarried,for consideration paid,and in full consideration of EIGHTY-ONE THOUSAND ($81,000.00) DOLLARS • grantto CATHERINE M. RAMSDELL, of 246. Pleasant Street, Yarmouth (Bass* River) Barnstable County, Massachusetts, and ROBERT W. RAMSDELL, of )of Canterbury Drive, Hockessin, Delaware, AS pll1�1111R TENANTS IN COMMON, the aforesaid addresses being both the residence and ppst office addresses of said Grantees, With Quitclaim Covenants elancisot with the buildings thereon, situate in Yarmouth (Bass River), Barnstable County, Massachusetts, bounded and described as follows: [Description and encumbrances,if ate) NORTHWESTERLY by Lot 2, as shown on plan hereinafter mentioned, ninety and 57/100 (90.57) feet; NORTHEASTERLY by Lots 9 and 10, as shown on said plan, three ) t hundred and 64/100 (300.64) feet; SOUTHEASTERLY by Pleasant Street, as shown on said plan, one and 02/100 (1 .02) feet and eighty-seven and 65/100 (87.65) feet; and SOUTHWESTERLY by Lots 8-4 and 8-5, as shown on'said plan, two hundred three and 28/100 (203.28) feet. Being LOT 1 (containing 26,893 square feet) as shown on plan entitled: ttPLAN OF LAND IN SOUTH YARMOUTH, MASS. FOR HOUGHTON G. AND JOSEPHINE H. LAKIN", dated May 18, 1970, drawn by Thomas E. Kelley, Surveyor, South Yarmouth, Mass., which said plan is recorded in Barn- stable County Registry of Deeds in Plan Book 238, Page 151 . For title see deed of Josephine H. Lakin to the Grantor dated July 15, 1970 recorded with Barnstable County Deeds in Book 1478, Page 881. to COMMONWEALTH OF MASSLCiiUSETTE DEEDS EXCISE . .. t m t ... Ni1rnran my hand and seal this 0 day of 19 80 {liatnntomutottll at illueieut:llttsrtts Barnstable, ss. /11-J /s 19 80 Then personally appeared the above named Catherine B. Ramsdell and acknowledged the foregoing instrument to be her sit5;tsiect befor • t'F'C'1 h .S yi(t=S Notary Public-rO a2ftexafS My commission upset t 3 29 S`Z (*Individual—Joint Tenants—Tenants in Common—Tenants by the Entirety.) FF CHAPTER 183 SEC.6 AS AMENDED BY CHAPTER 497 OF 1969 Every deed presented for record shall contain nr have endorsed upon it the full tome.residence and post office address of:he grantee and a recital of the amount of the ft:ll mnsideretinn thereof in dollars or the nature of the other,easideration therefor.if not delivered for a specific monetary sum. The full mnsideration shall mean the total price for the conveyance without deduction for try liens or encumbrances assumed by the grantee or remaining thereon. All such endorsements and recitals shill be recorded as part of the deed. i Failure to comply with this section shalt not affect the validity of any deed. Nq„mai nF 4.deeds shall accept*deed for recording unless it is in compliance with the requirements of this section. It ialtLAPR 14 80 N O T MA:.C:ACNUBETTS QUITCLAIM DECO¶ORT:TO5 (INDIVIDUAL)III AN AN 1 253'� OFFICIAL OFFICIAL_ C QIOFEPYINE H. LAKIN, COPY of Yarmouth(Bass River)NOT Barnstable NA ,Massachusetts, being unmanned,foqspatiglosupsexiattlAingull eonsiderat4n isf$g8,op0.p p}idAgr¢pt to CATHERINE B. RAMSDEML,Owt$seYreeidence and post office acare“ lb)2% South Street, Medfield, Massachusetts 02052, . 4.1 xiak with guitclaita raprnatttn 1Iit the land in Yarmouth (Bass River), Barnstable County, Massachusetts, together with , ! buildings thereon, bounded and described as folloxsr- $� IDeuriptioa and plNmbranas,if 140 Et NORTHWESTERLY by Lot 2, as shown on hereinafter-mentioned plan, 90.57 feet; ' NORTHEASTERLY by Lots 9 & 10, as shown on said plan, 300.64 feet; k. SOUTHEASTERLY by Pleasant Street, as shown on said plan, 1.02 feet & 87.65 feet; and 1 SOUTHWESTERLY by Lots B-4 and B-5, as shown on said plan, 203.28 feet. Beingnig LOT 1 (containing 26,893 1 g ( g sq. ft.) as shown on plan entitled: "PLAN OF LAND IN SOUTH YARMOUTH, MASS. FOR HOUGHTON G. AND '8`r' JOSEPHINE H. LAKIN," dated May 18, 1970, drawn by Thomas E. Kelley, Surveyor, oI South Yarmouth,•Mass. , which said plan is recorded in Barnstable County Registry of ?•1.9 Deeds. o For my title, see deed dated April 9, 1958, recorded in °,,° it BOOK 1001 PAGE 112, and L8a in BOOK 1394 PAGE 561. di I? w !3 ti gel S um' 1 W j � o t 0. pl 'b O M ''.1 ' $88.92 Mass. Stamp Affixed. vn m " COM 1.74 F A USETTS • al ,� O [1 o .w •.c, i -=�:n JUL I S'70- 8 8. 9 2 a ... `'ems D37• e • e P.Y.iton7 tt/ , _ iFT'iI.DQ� M "8 >xXwt xtrbmtaiigltaaoot; u S'' xxleasexId*wide cattmesitNi 1tvot xaniaxythgxicaaumit�x a at'hl4Ntl4&MsMiolto/af XiRiKCt AttK(Kt)OlitN�ltt7aCt 5 Wittt sit-my hand and seal this .l.t.. 'Litt; . ,,(, 19.,,7.Q. v h p u RAR,I sy S5 _V �hP (Qitliintatiatrnllh of �tlg33nYhIlBPSf/a /.. Barnstable, ss. `*— /'<t S/ 19 70 58 Then personally appeared ttie above named i ry 1 Y i'P / Jo„ley/VT' H. Lakin and atknowledi;ed the foregoing instl anent tv be her /�//J/_ffrrreee act and deed.before me :, f5 ohn M. Lane, otary Public...jt,a0116.110k410007070R-- if.! /a' I'1It t4Zi1 My,n:.nr,.i,n c twit,1 irra efe 9 19%`J 5g 1 LI`7' t P • �S 1 . 0 JUL i fNtl 1!197C ! Individual—Joint Tenants—Tenants in Common—'tenants by the Entirety.) i I I tT,�(, s Lottie B. Robinson dated April 13, 1944, recorded with Barnstable County �1// Registry of Deeds in Book 612, Page 321. 1001 Being the same prigniersTconveyed to me as Josephiyig A. �Obinson by 1 1 Lottie B. Robinson by deed dated May 5, 1944, and mooned' wtth said Deeds in Book 659, Page 14.5N• A N lllfff Nominal co9sKlegutilongheT gilan6e acting ac? cEnc .itl of tiTtlii clay. C O P Y COPY r. I, Houghton G. Lakin, husband of said grantor, Josephine H. Lakin, N. 0 T IT 0 T _ taAassy A N release to said grantee all rights of b the curtest'and other interests therein. O F F'thaurt OFFICIAL emus_our hands 3 rid QatsPthisY ([Ptday of Fi-,Wil° o P Y1958. deorli‘•.wo .A cifif, .; t'IlllZ fdnmmunluraftll of itargsgrfµuetts - • Barnstable, ss. April ( 19 58 Josephine E. Lakin Then personally appeared the above named • and acknowledged the foregoing instrument to be free a nd deed,before me • My Comma ezpiies � • � 9 Barnstable, ss., Received April 11, 1958, and is recorded. i1, RCS tEl'1A;tY ..EBRZ, of Yarmouth (South) , Barnstable Conn ty,Massachusetts, unmarried;for consideration paid,grant to ROIG_iTON G. LAKIN- and JCSEPHICE B. • LA_KIii, husband and wife, as tenants by the entirety, both of Yarmouth, x �, (Bass River), Barnstable County, Massachusetts, aQc with yutYdaim=wants } ttKlaal.x2c two certain parcels of land, together with the buildings thereon, situated in Yarmouth (Bass River), Barnstable County, Measa- • l-Desct ptioa and mcembranc s,if a ay] i chusetts, bounded and described as follows:- PARCEL 1 `� Beginning at the Northwesterly corner of the premises in line of land now or formerly owned b the heirs of Peter Goodeno in the South- erly line of a_way leading fr.'or.: David K. Akins residence to the ti Lower Village; nn 100 1 thence by said. Town Way North ,5' ast five (5) rods to land tow T 113, or formerly of the heirs of Robert ix'; A. N thence Southerly in sQidFheYrsI lcneIIni e 4 9) rods; OFFICIAL j thence South 65° West, in line°olla'fid now or formerly of Hgwe9 P Y Berry five (5) rods in line of said Peter Goodeno's heirs; thence North in said heirs' Nn®nTne (9) rods to the place ql 0 T beginning. AN AN Containing 45 rods, be Ile ram! reerei orklts. OFFICIAL Excepting therefrom that pcL3'ti0n pfrf yhe above described preriiseis Y conveyed by Luther R. Chapman et alit to William Stone by deed d to September 21, 1911, and recorded with Barnstable County Registry of Deeds in Book 309,, Page 422. PARCEL 2 On the South by the Lower Road now called Pleasant Street; on the West by land formerly of Peter Goodenough, and now or formerly of Charles H. Davis; on the North by land formerly of Benjamin F. Berry, and now or formerly of said Davis; and • on the East by land formerly of Robert Wing. Containing about one and one-half (12) acres of land. For a more particular description of the above described premises, reference is made to deed of Howes Berry to Joseph Robinson, Jr., dated June 13, 1887, recorded with Barnstable County Registry of Deeds in Book 176, Page 129, and to deed of Nathaniel H. Robinson end others to Little B. Robinson dated April 13, 1944, recorded with Barnstable County Registry of Deeds in Book 612, Page 321. Being the same premises conveyed to me by Josephine H. Lakin by deed to be recorded herewith. Nominal consideration the grantor acting as conduit of title only. e.. ea5i�treaesdtfherelAx itnees..MY hand and seal this 9 day of..........April 14 58 r.. ^fie t, �11e Olmutttunwralth of illassarfputtits Barnstable, ss. April ' 1958 • Then personally appeared the above named Rosemary Weber 7 and acknowledged the foregoing instrument to be her free act and deed,before me e4,1/4mN,0„,....r.AP‘Xliofeitutx — --_......, Commission expires 17 Barnstable, ss., Received April 11, 195d, and is recorded. r . r �° 39 Carrie Lane, South Yarmouth (Map 51, Parcel 2) B k 22556 P 22 1072377 12-19-2007 a 03:08p P/IATSSACHUSETTS QUITCtA9VITDEED AN AN WE, JAMES FA.i BERT/RAND, of nan lialte}c View LDrive, Westfield, Massachusettsc MIGHAEL A. BERTRANDQ oi OYCaptain Besse Road, Yarmouth, Massachusetts, and SUSAN M. BLUMENTHAL, of Lauren Lane, Southwick MassRchtusptts N 0 T A FOR CONSIDERF4TPN beim less than0 OE N arid 0/100 (S1.00) DOLLAR 0 F I A F A L GRANT to MICHAELPAY BERTRAND and JOANN BERTRAND, husband and wife, both of 10 Captain Besse Road, Yarmouth, Massachusetts, as Tenants by the Entirety WITH QUITCLAIM COVENANTS All of our right, title and interest to certain real estate located in YARMOUTH (Bass River), Barnstable County, Massachusetts as conveyed to the grantors by deed recorded in Barnstable County Registry of Deeds on November 13, 2006, in Book 21515, Page 302. WITNESS our signatures and seals this 4/4 \ day of December 2007. (Ce ITNESS AMES A. E TRAND ATEA'ss (944441/ HAEL A. BERTRAND WITNESS SUSAN M. BLU E THAL COMMONWEALTH OF MASSACHUSETTS HAMPDEN, SS On this rill day of December 2007, before me, the undersigned notary public, personally appeared JAMES A. BERTRAND and SUSAN M. BLUMENTHAL, proved to me through satisfactory evidence of identification, which is personal knowledge, to be the persons whose names are signed on the preceding or attached document and acknowledged to me that they signed it voluntarily for its stated purpose. 614 ( IWe (` William A. Murrall(t Notary Put wiLLIAm A.MUR III RAY My Commission Expires: Dec. 11, 9 ATTORNEY AT LAW ciwa SMUT BOST ME BOX 965 WEST MID,114SSACRUSET7S 01066 WiLLIAM A.MURRAY,III 414 562-9607 Notary Pubk fAx,)3562-758 - 4 ‘4"ii COMMOMNeab ManaChnett$ BARNSTABLE REGISTRY OF DEEDS mrconv'soonEYsesDec",4°9 Bk -7'1515 P9302 11-13-2006 a 09 = 350. N MASSACHUSETTS QUIT( L,tIIVM DEED A N A N WE, WAYllE FAI BERTRRAND, MARY FKE BEERT VI) and JAMES A. BERTRAND, czf 2439pVaiiley View Drive, Wesjfieldp Massachusetts, MICHAEL A. BERTRAND, of 10 Captain Besse Road, Yarmouth, Massachusetts, and SUSAN M. BLUWENTIHAL, f/k/a SUSAN M.N135RITRAND, of Lauren Lane, Southwick Massaghypetts A N OFFICIAL OFFICIAL FOR CONSIDF T OrI being less than ON d O 100 ($1.00) DOLLAR GRANT to JAMES A. BERTRAND, of 239 Valley View Road, Westfield, Massachusetts, MICHAEL A. BERTRAND, of 10 Captain Besse Road, Yarmouth, Massachusetts, and SUSAN M .BLUMENTHAL, f/k/a SUSAN M. BERTRAND, of Lauren Lane, Southwick, Massachusetts, as Tenants in Common WITH QUITCLAIM COVENANTS All of our right, title and interest to certain real estate located in YARMOUTH (Bass River), Barnstable County, Massachusetts as conveyed to the grantors and the grantees by deed of Alonzo A. Bertrand and Leona A. Bertrand, recorded in Barnstable County Registry of Deeds on March 29, 1990, in Book 7109, Page 222. WITNESS our signatures and seals this f 7 day of October 2006. WITNESS WAY�A. BERTRAND WITNESS MARY Kt BER RAND Ajl A4z-- WITNESS AMES A. BERTRAND azithula-1-444:-d4 7nLeL,i ()-?-6 tivj WITNESS pui MICHAEL A. BERTRAND 3-3l-2.0t� a. WILLL,M A.Mt.1RRAYIII WI S , S SAN M. BL MENTHAL ATTORNEY AT LAVE f/k/a/ SUSAN M. BERTRAND 9 CiFAPEL STREET P05"F OFFICE BOX 964 1FESTFIEWD,MA.4SACt RISITIS(9686 413462-9507 FAX 413-562-7589 Bk 21515 Pg 303 #70468 NOT NOT AN AN OFFICIAL OFFICIAL c COMMONWEALTH OF MA68fAQHySETTS HAMPDEN, SSN o T NOT AN AN On this ql st a 9f pctot rz2006, bef@Cen , fhb updfkrs�gned notary public, personally appeaseil WAYNE A. BERTR/ ID0 act.MARY K. BERTRAND, proved to me through satisfactory evidence of identification, which is personal knowledge, to be the persons whose names are signed on the preceding or attached document and acknowledged to me that they signed it voluntarily for its stated purpose. (iLl j AI ---i (:),// lt- William A. Murray Ill - Nota O Public My Commission Expires: Dec. 11, 2009 1 WILLIAM A.MURRAY,IN 1 Notary Fault I 1fil Commonwea of Massadutselts 4 .,,, 1YMComnl elonExpi oDec1t,2UO$t WILLIAM A.MURRAY in ATTORNEY xI:AV/ 9 UTAPEL s7KIEL POST O11,14t 139x 965 WES ittnr ll,MAMACHUSE17S 01086 413 S62-9607 PAX 413-56?•?SO BARNSTABLE REGISTRY OF DEEDS i BQON7109paGE 222 WE, ALONZO A BERTRAN[Na0 f ONA A. BERTRAND, N 0 .�25s AN A of Westfiele, F F I C I AHapden 0 ECoipty, iasechurettA L tt� COPY COPY - (forconsiderationpaid, said`]cOsijderation being less than $ el0`j GRANT TO: a two-fifthA interest to WAYNE A. BERTRAND RY K. BERTRAND married t eadg�ho# err, as tenants by the entirety, fifth interest #ta JAME�A BY tTRANey alon&filth interest teNIEHAIL AT BlierRiI4)Aan a one fifth inter®t Qi 113SAITM. REMAND; all to hold asrjot tgs with each other and with the said Wayne A. Pertrand and Mazy k 'Her{r all of 239 Valley View Drive, Westfield, Mass. with Quitclaim Covenants certain real estate situate in YARMOUTH (Bass River). Barnstable County. Massachusetts, being bounded and described as follows: PARCEL ONE: i Being Lot 2 (two) (containing 18.037 square feet) as shown on plan entitled "PLAN OF LAND IN SOUTH YARMOUTH, MASS FOR HOUGHTON G AND' JOSEPHINE H. LAKIN" dated May 18, 1970 drawn by Thomas E. Kelley. Surveyor, South Yarmouth, Mass., which plan is recorded in i Barnstable County Registry of Deeds i said lot being bounded • NORTHWESTERLY, by land now or formerly of William N. Gagnon et ux as shown on said plan. Ninety Two and 34/100 • (92.34) feet NORTHEASTERLY, by land now or formerly of Donald A. Bartlett 4 et ux and Lot 8 (eight) as shown on said plan. t l Two Hundred (200) feet; SOUTHEASTERLY, by Lot 1 (one) as shown on said plan, Ninety and 57/100 (90.57) feet; and • ' SOUTHWESTERLY. by Lots B-5 and B-6 as shown on said plan. One Hundred Ninety Four and 77/100 (194.77) feet. 4 Being the premises conveyed to the grantors by Joseph H. Larkin by deed dated July 15, 197Q recorded in Barnstable County Registry of Deeds in Book 1479, Page 39. PARCEL TWO: Being shown as Lot *8 (eight) on a plan entitled "Plan of Subdivision of Land in Bass River. Yarmount, as surveyed for ( Charles O. and Virginia F. Wilkins, August 8, 1952, Scale 1 inch 40 feet, Newell B. Snow, Engineer, Buzzards Bay, Massachusetts" i" which plan is recorded with Barnstable County Registry of Deeds in Book of Plans 106. Page 41. said land being bounded and described as follows: , NORTHEASTERLY, by Carrie Road, as shown on said plan. One Hundred (100) feet; 4 ,l SOUTHEASTERLY, by Lot *9 (nine) as shown on said plan, Eighty • I Nine and 51/100 (89.51) feet: y SOUTHWESTERLY, by land now or formerly of Josephine Robinson. One Hundred (100) feet; and , ' NORTHWESTERLY, by Lot *7 (seven) as shown on said plan, Eighty • ( eight and 99/100 (88.99) feet. i Being the same premises conveyed to the grantors by Robert O. Dorn 1 et ux by deed dated December 10„ 1968 recorded in said Registry of 1 Deeds in Book 1422. page 310. . 1 1 EXCEPTING FROM THE ABOVE so much property as was conveyed by Alonzo A. Bertrand et ux to Robert Hollister et ux by deed dated September 22, 1982 recorded in the Barnstable County Registry of Deeds in Book 3565, Page 141. • i (0704d) ( 1 I i ( 1 *r��� [� �+ BOOI(71O9PMGE 223 Witness. ..our band s and sea1+5 `iii tit . . ......... day of MA11411 0 T t9...90 sl 'sealed and dell t p'A I A L OFFICIAL ALONZO A. ER A . N ........... A.ONT ram- ct. -,L lt:ctZ) F I C I A L LEONA 8. tERRAt11D ICI AL • C..O...P..,Y COPY i G... + u cti. rwo • I w �� f a 4,4 Li N i CC THE COMMONWEALTH OF MASSACHUSETTS f t Hampden,ss. MARCH - ` i9 90 Then personally appeared the above named j ALONZO A. BERTRAND and LEONA A. BERTRAND R and acknowledged the foregoing instrument to be their free act and deed,bcfort me 8 si, (�,+yyami�.` / `..�-..... ; Y n i�t JMit'll NotaryPuhlw �i yc—-,c-. My Commission L'z /0 19q .. 1 c'V z zx tO 'v • yo , t� L S � ' W � OCi7 MA . i \ CS z zv d g I. r H 162,E}MAR Z990 (THE FOLLOWING IS NOT A PART OF THE DEED,AND IS NOT TO BE RECORDED) _ r CHAPTER 183,SECTION 11,GENERAL LAWS A deed in substance following the form entitled"Quitclaim Deed"shall,when duly executed, I have the force and effect of a deed in fee simple to the grantee,his heirs and assigns, to his and their own use,with covenants on the part of the grantor, for himself, his heirs, executors,ad- ministratcrs and successors,with the grantee,his heirs,successors and assigns,that at the time • • i of the delivery of such deed the premises were free from all encumbrances made by him,'nd that Ij he will,and his heirs,executors and administrators shall, warrant and defend the same to the Illj grantee and his heirs and assigns forever against the lawful claims and demands of all persona claiming by,through or under the grantor.but against none other. I i 1 1 i NAONT NAONT O F C 0 A L O F F I C I A L NAONT CNAOOP,T 1Y ray ' O F 0 FC Y A L O F g A 1,, A L tr I L;2 Z 310 We, ROBERT 0. DORN and JOAN C. DORN, husband and wife, of East Longmeadow, Hampden County,Massachusetts, beinpssa,dnisd,for consideration paid,grant to ALONZO A. BERTRAND and LEONA A. BERTRAND, husband and wife, as tenants by the entirety and not as tenants in common, both of 42 Cross Street, Westfiweld, H denim 9 County, Massachusetts, MI the land in Yarmouth `Baas River),Barnstable County, Mf ts, bounded and described as follows: NORTHEASTERLY by Carrie Road as shown on plan hereinafter mentioned, one hundred (100) feet; SOUTHEASTERLY by Lot #9 (nine) as shown on said plan, eighty- nine and 51/100 (89.51) feet; SOUTHWESTERLY by land now or formerly of Josephine Robinson, one hundred (100) feet; and NORTHWESTERLY by Lot #7 (seven) as shown on said plan, eighty- sight and 99/100 (88.99) feet. Said parcel is shown as Lot #8 (eight) on a plan entitled "Plan of Sub Division of Lend in Sass River, Yarmouth, as surveyed for Charles 0. and Virginia F. Wilkins, August 8, 1952, Scale 1 inch 40 feet, Newell B. Snow, Engineer, Buzzards Bay, Massachusetts" which plan is recorded with the Barnstable County Registry of Deeds in Book of Plena 106, Page 41. Being the same premises conveyed to us by deed of John L. Roy et ux dated March 31, 1960 and recorded in said Registry, Book 1073, Page 140. See also deed of Charles 0. Wilkins, II et ux to Robert 0, Dorn et uz dated November 19, 196P to be recorded in Barnstable County Registry of Deeds herewith. c5:7vv:xc��lif•.C:i;of h!1 Pe — 320D= meMixenaostxetaricfe7aN]b 0Mea>kari'9c Ohmic our hands and seal s this 10th day of December, 1968 _ e Joan C. Dorn Sritounneinnaltitot c aietts Hampden, ss• December 10, 19 68 Then peraonally appeared the above named Robert 0. Dorn and Joan C. Dorn and acknowledged the foregoing instrument to be their free eotlind deed')before me E. Rai rtn� rner Navy LI us, 121968 MO Nov. Iz jtseemme74. My commission expires �."_..._................ NAONT NAO T� O F C © p COPY I A L O F C 0 I A NON O T CN O TY OFAL ' 0 F C 4 ,I, A 22fi:R 1. We, CHAOR{�ES 0. WILKINS, II also known as Charles 0, Wilkins, and YIRS:INIATWILKINS, husband and wife, both of Old Main Street, of Bass River, Cape Cod, Massachusetts, mixa[fymaluttuatv being rUrmaried,for consideration paid,grant to ROBE RT 0. DORN and JOAN C husband and wife, as tenants by the entirety and not as tenants in common, both of 399 Parker Street, East Longmeadow, Hampden County, st Massachusetts, with Daitc1aim toutuen s the land in Yarmouth (Baas River) Barnstable County, Massachusetts, hounded and described as follows: NORTHEASTERLY by Carrie Road as shown on plan hereinafter mentioned, one hundred (100) feet; SOUTHEASTERLY by Lot #9 (nine) as shown on said plan, eighty- nine and 51/100 (8951) feet; SOUTHWESTERLY by land now or formerly of Josephine Robinson, one hundred (100) feet; and NORTHWESTERLY by Lot #7 (seven) as shown on said plan, eighty-eight and 99/100 (8N.99) feet, Said parcel is shown as Lot #8 on a plan entitled "Plan of Sub- Division of Land in Bass River, Yarmouth, as surveyed for Charles 0. a d Virginia F. Wilkins, August 8, 1952, Scale 1 inch = 40 Feet, Newell B. Snow, Engineer, Buzzards Bay, Massachusetts" which plan is recorded with the Barnstable County Registry of Deeds in Book of Plans 106, fag 41. Meaning and intending to convey and hereby conveying the full record title to the above described premises as conveyed b y us ,by a deed to Edward A. Crowell dated May 18, 1953 recorded in Barnstable County Registry of Deeds,t BBRpk 841, Page 561 and by deed of Simeon B. Baker and Thaddeus Baker7dabed August 1, 1955 and recorded in Barnstable County Registry of Deeds, Book 927, Page 325. NO DOCUMENTARY STAMPS REQUIRED licalmOiliAxkas6kiimemx lam tatalbF apsibifjd isicty amola ib0%A eartic tman [OIOOkicd(O iatene3a{iioxia3C China. our hands and seal sthis 19th day of November, 1988. ar es n f OlItteOtlgpoweithof iilatsatintsetts Barnstable, ,e. November 19tb, 1968, Then poreonnity wowed the above named Charles 0. Wilkins, II and Virginia F. Wilkins end acknowledged the foregoing instrument to be t h ei r fr aotand deedpbefor& ! ff,,,, ram' 9 7 C 4 . N 1r�� Z✓almy PaDNe Ill 22 A e �0� Ba:., '. O. •�• mot` �'. My commission.expires Oct. q 1975- 5�� tall I Fr, 131968 IN,.,`.Ld 1 HYANNIS Co-operative Bank _}��,� . of Barnstable (Hyannis), Bary' also known as Elaine nstable County, Massachusetts,holder of a mortgage from John L. Ro an Elaix"ie ;. Ro N O T `�� y d A N G.ARoy gab 1NV • to said Hyannis Co-o a be Bank OFFICIAL OFF ICI A L dated September 19t6i, 695i3 Y COPY recorded with Barnstable County Registry of Deeds Book 1016 N tSgtT 572 acknowiedg$s)sat®fac'iibn of the came , A N A N O F F I C I A L OFFICIAL COPY COPY a is in 3ttitn SB snIttrurf. the said Hyannis Co-operative Bank has caused its corporate seal to be hereunto affixed and these presents to be signed,acknowledged,and 8 delivered in its name and behalf by Lillian Olsen m Z its Treasurer this 31st day of March A.D.196o Lu < Signed and sealed in presents of liX.A.NNIS c.O-Oi RATIYE..BAN.E C O By 2 r Teasurer ,.,ti w S'. • gip (£annnut unraltll of Inassarflunetta Barnstable ss. March 31st 1960. Then personally appeared *' the above named Lillian Olsen, Treasurer as aforesaid and acknowledged the foregoing ;_- { instrument to be the free act and deed of the said Hyannis - ' Co-operative Bank,before me i Notary Pcbiic-affesta ppr :.iv cow^.issim expires. June ljth 1960,_.. Barnstable, ss., Received ?larch 31, 1960, and is recorded. } ' r- �We, John L. Roy and Elaine G. Roy, husband and wife, 11' of Springfield, Hampden County,.Masachusets, f O. beings:ma ried, for consideration paid, grant to Robert norn and Joan;Dorn, husband and wife, both of Longmeadow (East), Hampden County, Massachusetts, * -v,- it as tenants by the entirety, with gtat atm tamr fst mow'° a certain parcel of land with buildings thereon in Yarmouth ° - (Description end encumbrances,if my) _{ s:Biver), Barnstable County, Massachusetts, bounded and described i • • 9Sill N O 'T N T 57 appeared e above A N OFT I tcyCp en�tI A L OFFICIAL smN ' ,b� the#oregcawa�s Y' 1'to be t- act and_. b' :�.1,:% Notary Public—Justice of the Peace ..o C. NOT . isg t..,issmo espice. do O T 19 J4... r t i, �a.s r;c. ,::r..0 t;vw:i2.vaisc. c� A N �,• �-",4'- " , - OFFICIALL OFFICIAL COPY - _ COPY 'Barnstable, es., Received September 18, 1957, and is recorded. • • I, Francis S. Elliott • " • of Dennis (West) Barn:,table County,Massachusetts, being unmarried, for consideration paid,grant to John L. Roy and Elaine Y. Roy, husband and wife, as tenants by the entirety, both • of Sorin-gfield, Hampden County, Massachusetts with 9sttLdatna tutntrrarrfa the land in Yarmouth (Bass .fiver), Barnstable County, Massachusetts, bounded (ne.a ptioo ambnaces,if any) .and wto and described as follows: Northeasterly b'r Carrie Road as shown on hereinafter mentioned plan, one hundred (100) feet; Southeasterly by lot 9, as shown on said plan, eighty nine and 51/100 (89.51) feet; Southwesterly by land now or foruorly of Josephine Robinson • one :hundred (100) feet; • Northwesterly by lot 7 as shown on said plan, eighty eight and 99/10G (88.99) feet. All as s•.own on a plan entitled "Plan of Subdivision of Land in • Bass 'ivr, t..rx:south as .urveye_ for Charles C.t& Vir:;inia F. .:il ins. .uNust 8, 1952, Newell B. Snow Engir, duzzarc s Bay, ;•.;ass." Said plan being; :.:corded with ;> na' ble County Deeds in Plan: Book 106 Pee 41. And the rants rr raises are shorn on said plan w • as Lot 8. 6 J w z or rA titl> fle ace , ee.:. of iaerc__ar_t Enterprises, Inc. recorded at • 4 3ornct. A. -..^ictr of Deeds1 in Book 9.1i0, Page 391. 0 F- 0 zz oF ooc 5Lzatt.• _ ,,,�, AL«N,Lfi w k a t `� 4457 a to ;IrctWas'. (IVITIMI NEWirI:; 6 fx- 1.6) n .50tstsexd O x 7C ..� S2itt:gr a :rigi�,''of,s.ted211C( iC rn W S`^`',' r; �:324 �5�]21C.in a BA. er ititIttess.... :....hand and seal this. 3rd day of September 19 57 II glyt hlmttttwnturalit; of faussanipitits 83 N 0 T September 3N iP 5T r3arnstable ss A N A N 5-75' Then personally appeared the eov ,na.ed I F rne_ sAS.LElliott OFF I I A m and acknowledged the foregoing instruen Leo 0 ` free and d , before mec p y Notay Puic—J$ n -getX N OMg �, e N19✓5?Ly ommssionexpces 04;;rnbC A N A N Barnstable, ss., ReceQvee "VpticmtCr A1I 7, and is pecFrLd.I C I A , lcN(.f ALL NPN BY THESE PRFSIN1B, that I, MARY A. BRCOP,S, widow, of Monument Beach , Barnstable County,Massachusetts, S ZENViiiMilffliffi,for consideration paid,grant to EDGAR E. ABR&HABS and MAY C. ABRAHA.TS, husband and wife, as tenants by the entirety, both of West Newton in the County of Middlesex 1 and Commonwealth aforesaid XI with quitclaim maturate and buildings the land/in Monument Beach in said County of Barnstable bounded and described CnemiDtine and encumbrance..if any] �ias follows: - FIRST PARCEL'1NORTI3v'FSttIu.Y by Shore Road, thirty-two and 73/100 (32.73) feet and a line curving to the north and east into Brooks Road with a radius of 21.31 feet, 36.86 feet to a cement bound; NORTHEASl'ERLY by Brooks Road, ninety-two and 13/100 (92.13) feet; y SCU11D STBtLY by Lot B-J., fifty-six and 92/100 (56.92) feet; and N SOUTHWESTERLY by land now or formerly of the Monument Beach Water Works, one hundred seven and 98/100 (107.98) feet. Containing 6,380 square feet, more or less, and being Lot B-3 as shown on N plan entitled "Subdivision of Lot B-i shown upon Plan L. C. ll,1t68 E filed with Cer- tificate of Title 5350, Registry District of Barnstable County, Land in Bourne", dated March 21, 1950, and filed with Barnstable County Registry of Deeds with Records of Registered Land. The above described premises are conveyed subject to the agreement made by me with the Town of Bourne to bind myself, try heirs, executors and assigns to sell to the Gard Town of Bourne at any time upon demand the land adjacent to the private ways • shown on said plan, lying within the limits marked"Limit of Future Taking by the lbwn of Bourne" for a sum not exceeding One (1) Dollar for the area taken from each parcel or lot, and reserving unto the grantor, her heirs or assigns the right to-exenute`ease- ments for poles, wires, cables, fixtures, etc., to the Cape & Vineyard Electric Company- and the New England Telephone and Telegraph Company, as tenants in common; the location of said easements to be established by the erection of said poles, etc., or in locations within or adjacent to the various roads now laid out or which maybe laid out over the grantor's premises at some future time. SECCND Mica,t NCRTHF'ASrhhwT by land now or formerly of P. H. Phinney, (Land Court Case #11.,468), as shown on plan hereinafter mentioned, two hundred eighty-three and 42/100 (283.1t2) feet; SCUTI STERLY by land now or formerly of said Phinney, as shown on said plan, twenty-five (25) feet; RECENT DECISION OF THE YARMOUTH ZONING BOARD OF APPEALS Bk 34551 Pg181 #66118 10-07-2021 @ 02 :.09p OY • % \'�j NAONT TOWN OF YARMOUNI ONT ABOARD OF ApPgALvI C I A DECISION' L COPY COPY ♦ `tJl,�CtlEty� N O T N 0 T A N A N FILED WITH TOWN eLLRI{:I AS&ptember 13t;2e21F I C I A L COPY COPY PETITION NO: 4914 HEARING DATE: September 9,2021 PETITIONER: Vito Solimini,Trustee of the Vito Solimini Realty Trust PROPERTY: 121 Town Brook Road,West Yarmouth,MA Map 45,Parcel 87 Zoning District: R-40 Title: Book 26835,Page 9 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung,Sean Igoe,Richard Martin,Tom Baron and Jay Fraprie Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Register,the hearing opened and held on the date stated above. The Petitioner seeks to overturn a Decision of the Building Commissioner,who determined that the Property at 121 Town Brook Road, West Yarmouth is not a buildable lot,or in the alternative, to amend the existing Variance,or issue a new Variance from Yarmouth Zoning Bylaw Section 203.5 to allow for the construction of a single family dwelling on this lot. The Property is located in the R40 Zoning District and is unimproved. The lot contains 33,287 square feet of area, with a total street frontage of 308 feet on a 40 foot wide public way. It is shown as Lot A2 on the plan recorded in the Barnstable County Registry of Deeds in Plan Book 266,Page 24,and is triangular in shape,was created in 1972 for Morris Johnson,and its mirror image is shown on that plan as Lot Al, The Petitioner purchased the property at 121 Town Brook in June of 1999. In September of 2000, the Petitioner also acquired the abutting property at 109 Town Brook,which is currently improved with a steel frame building and used for commercial purposes,all pursuant to a Variance issued by this Board in 1963 and a second Variance issued in 1973 for the use. In November of 1977, the then-owner of the property at 121 Town Brook applied for a variance to build a steel building,measuring 6000 square feet,with 2 floors,which was granted(Decision 1453). In addition,the 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 on June 30, 1978 that the new version of Chapter 40A was adopted in the Town of Yarmouth,which contained a RUE COPY ATTEST•. Th-44.046, . 1 ;TOWN CLERK- -uta - 5 2021 Bk 34551 Pg182 #66118 time period during which e Variance would need to be ex�}t�s'ed or lost. As such, this parcel has already been a proved o lave a 6,000 square f of steel8uil'ding constructed,which can be exercised now if tWe gppiic nt wiihki tad do so. 8 F F I C I A L COPY COPY Applicant filed a letter with the Building Commissioner dated March 10,2021,inquiring if the property was buildable,anti e9pliining why he thought it waY 0e 'uty Building Commissioner James D. Brandolini's deci 'iohl,which opined that the propefty4ind the abutting property had merged,consisteAf 'wh le#te s-I ode dated May 19,2D2rf and g ff1Mw p letter of May 27, 2021. A follow-up letter NOs liilsZlf sent to Mark Grylis da(ftdOktit t 10,2021, requesting that he affirm the Decision as of August 10,2021, which he did. This appeal followed in a timely fashion. The Board heard the explanation of the Applicant,who claims that Section 104.3.4(2),entitled "Two (2) or three (3) adjoining lots", demonstrates why the property is buildable. That section states in relevant part as follows: 2. Any increase in area,frontage or other dimensional requirements of this zoning bylaw shall not apply to a lot for single family residential use, provided the plan for such lot was duly recorded or endorsed and such lot was held in common ownership with contiguous lots and had less than the dimensional and density requirements of the newly effective zoning but contained at least seven thousand five hundred(7,500)square feel and seventy-five(75)feet of f rontage, or contained fifteen thousand(15,000)square feet and fifty(S0)feet of frontage if approved under section 203.2 of this bylaw. This exemption shall not apply to more than three (3)such adjoining lots held in common ownership. Based on this section of the Zoning Bylaw,the Board agreed that the Property is a buildable lot. First, the lot was duly recorded or endorsed, and it was held in common ownership with one (1) contiguous lot and had less than the dimensional and density requirements of the newly effective zoning (i.e. 40,000 square feet of area), but did contain at least 7,500 square feet and seventy-five (75) feet of frontage. Finally, the Property was not held in common ownership with more than 3 adjoining lots, The Petitioner also relied upon the reasoning of Koines v. Cohasset, 91 Mass. App. Ct. 903 (2017), to demonstrate that this section of the Yarmouth Zoning Bylaw provides "perpetual grandfathering" for such commonly owned lots, and which nullifies the merger doctrine. In addition,The Board heard the explanation of the Applicant,who claims that Section 104.3.4(5),entitled "Other Nonconforming Residential Lots",also demonstrates the buildability of this lot, and that section states as follows: 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 ofJune 3, 1996;as provided said lot contains at least ten thousand(10,000)square feet of non wetland lot area and either seventy-jive(75).feet of lot frontage or��rf�ty 0)feet of lot frontage if the minimum dimensional requirements A TRUE COPY AlTES •Wit 4111441 .,,,.—_ l ,` r TOWN CLERKoci• — 5 2021 Bk 34551 Pg183 #66118 of Section 203.2 q i zoning bylaw are met, eac rA side of the square described therein being seven! -fl e 77 feet. o L O 1 F F I C I A L In this case,the lot appear& &n Wplan approved or endoSe8 by the Planning Board on or before June 3, 1996, which plan was duly recorded. In addition this Property was not held in common ownership with more tha�i tQo abutting lots as of June 3, 1 98. TFinally, the lot contains at least 10,000 square feet of non-r$et1nd lot area and has at least'.4 fat of frontage. OFFICIAL OFFICIAL The Board appregiAsEth'analysis provided by tl{e Etbiklitt Department in its denial letter,and discussed that it typically supports the careful consideration provided by the Department regarding zoning issues. However,after deliberation on this issue,the Board was in almost unanimous agreement that the Applicants were correct that the property qualifies as a buildable lot pursuant to Section 104.3.4(2)and(5)of the Zoning Bylaw, and has not merged with any contiguous lot. One Board member was unconvinced that any error in this analysis was made,and would not support overturning the decision. No abutters appeared either in favor or against the project. Accordingly,a motion was made by Mr. Igoe,seconded by Mr.Martin,to Overturn the Decision of the Building Commissioner, for the reasons stated. The members voted as follows: Mr. DeYoung AYE Mr. Igoe AYE Mr. Martin AYE Mr. Fraprie AYE Mr. Baron NAY The Motion passed by the requisite super majority of a 4-1 vote. The applicant moved and was allowed to withdraw all other requests for relief,as it was the consensus of the Board that no such relief was needed. Accordingly, a motion was made by Mr. Martin,seconded by Mr. Igoe, to allow the petitioner to withdraw, without prejudice,all remaining forms of relief requested. The members voted unanimously in favor of the motion. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. )ii.i.A.,„,s )(1)....., Steven DeYoung, Chairman TRUE C PY ATTEST: • w ; T4WN CLERK OCT - 5 2021 Bk 34551 Pg184 #66118 NOT NOT 'tkRTIFICATION OF TOWl#CIECRK OFFICIAL OFFICIAL COPY COPY 1, Mary A. Maslowski, icloA 'clerk, Town of Yarmouth d€3 lireby certify that 20 days have elapsed since the filing wits ride of the above Board of App6alkiDecision #4914 that no notice of appeal of said deaisTonFhaTs h"eek file&with me, fir,Ff uc **digs been filed it has been dismissed or denied. At appc'ilsTave been exhausted. COPY WtAy—a FlAffibti-th Mary A. Maslowski OCT - 5 2021 Bk 34551 Pg185 #66118 Yf� COMM WEALTH OF MAS§A`+f ITUSETTS arr _-* .•. A N T WN OF YARMOU�I OFF ICICIAL C$ �/ '-3 COPY P Y ,..',;,. ' w .J P Y 1 44'-.t...4 col," N 0 T n N 0 T Petition#4914 O F F I C DaI. �e:L ctober 4,302.1 F I L I A L C certificate of Granting of a Special.Permit (General Laws Chapter 40A, section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Vito Solimini,Trustee of the Vito Solimini Realty Trust 121 Town Brook Road, West Yarmouth, MA 02673 Affecting the rights of the owner with respect to land or buildings at: 121 Town Brook Road, West Yarmouth, MA; Map & lot#: 45.87; Zoning District: R-40; Book/Page: 26835/9 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and copies of said decision,and of all plans referred to in the decision,have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. )16=-4.Z:c!..), Steven S. DeYoung,Chairman TRUE C PY ATTEST: , ^ > i il TOWN CLERK JOHN F. MEADE, REGISTER OCT - 5 2021 BARNSTABLE COUNTY REGISTRY OF DEEDS vf. RECEIVED & RECORDED ELECTRONICALLY TOWN OF YARMOUTH BOARD OF APPEALS r *A; DECISION FILED WITH TOWN CLERK: PETITION NO: 4949 HEARING DATE: April 28,2022 PETITIONER: James Igoe PROPERTY: 6 Merrymount Road,West Yarmouth, MA Map 23, Parcel 81 Zoning District: R-25 Title: Document#68377, Cert of Title No. 26404 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung,Douglas Campbell, Megan Homer and Jay Fraprie Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Register, the hearing opened and held on the date stated above. The Applicant seeks to reverse the March 9, 2022 decision of the Building Commissioner; and/or a Variance from §203.5 to establish the lot as buildable, and allow a single family dwelling on the lot. Petitioner also seeks, in the alternative, either a Special Permit or a Variance to allow for the construction of a single family dwelling on this lot. The Property is located in the R-25 Zoning District and is currently a bare lot containing 9,600 square feet and 80 feet of frontage on Merrymount Road. The current owner of the property, Eleanore Townsend, took title pursuant to a deed dated January 18, 1961, and this information has been verified in a letter of former Deputy Building Commissioner James D. Brandolini dated January 21, 2021, and again in a letter dated March 9, 2022 from the present Building Commissioner, Mark Grylls. It is from this letter that the Applicant's appeal arises, seeking to overturn the Decision of the Building Commissioner. The abutting property, which shares a common rear boundary with the subject property, is located at 45 Pine Cone Drive. This deed was conveyed to Ms. Townsend in December of 1960, and it is this common ownership, as of 1961 which the building department believes merged the lots, pursuant to the common law doctrine of merger, and rendered the Property unbuildable. As noted in the Building Letter, the lots were created by a plan dated in January of 1926, at which time the lot size was conforming. On March 7, 1960, the minimum lot area for a parcel in this zoning district was increased to 10,000 square feet as a minimum. This change resulted in S these lots becoming legally pre-existing non-conforming. The Building Letter is clear that the lot at 6 Merrymount Road was "held in separate ownership on the date it became non- conforming and then was conveyed into common ownership after that time." The applicant argues that no merger has occurred in this case, and relies upon Section 104.3.4(2) of the Yarmouth Zoning Board of Appeals, entitled "Two (2) or three (3) adjoining lots", which states as follows: 2. Any increase in area, frontage or other dimensional requirements of this zoning bylaw shall not apply to a lot for single family residential use, provided the plan for such lot was duly recorded or endorsed and such lot was held in common ownership with contiguous lots and had less than the dimensional and density requirements of the newly effective zoning but contained at least seven thousand five hundred(7,500) square feet and seventy- five (75)feet of frontage, or contained fifteen thousand (15,000) square feet and fifty (50) feet of frontage if approved under section 203.2 of this bylaw. This exemption shall not apply to more than three (3) such adjoining lots held in common ownership. One abutter appeared and asked questions, while another appeared virtually and opposed the request. However, and based on the clear language of this section of the Zoning Bylaw,the Board agreed that the Property is a buildable lot. First,the lot was duly recorded or endorsed, and it was held in common ownership with one (1) contiguous lot and had less than the dimensional and density requirements of the newly effective zoning (i.e. 10,000 square feet of area), but did contain at least 7,500 square feet and seventy-five (75) feet of frontage. Finally, the Property was not held in common ownership with more than 3 adjoining lots. The Petitioner also relied upon the reasoning of Koines v. Cohasset, 91 Mass. App. Ct. 903 (2017),to demonstrate that this section of the Yarmouth Zoning Bylaw provides "perpetual grandfathering" for such commonly owned lots, and which nullifies the merger doctrine. The Board appreciates the analysis provided by the Building Department in its denial letter, and discussed that it typically supports the careful consideration provided by the Department regarding zoning issues. However, after deliberation on this issue,the Board was in unanimous agreement that the Applicants were correct that the property qualifies as a buildable lot pursuant to Section 104.3.4(2) of the Zoning Bylaw, and has not merged with any contiguous lot. Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Campbell, to Overturn the Decision of the Building Commissioner, for the reasons stated. The members voted unanimously, by roll call vote, as follows: Mr. DeYoung AYE Mr. Fraprie AYE Ms. Homer AYE Mr. Campbell AYE The applicant moved and was allowed to withdraw all other requests for relief, as it was the consensus of the Board that no such relief was needed. Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Campbell, to allow the petitioner to withdraw, without prejudice, all remaining forms of relief requested. The members voted unanimously in favor of the motion. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. Steven DeYoung, Chairman