HomeMy WebLinkAbout2251I PB Memo Agreement Release 012924 w attach
T O W N O F Y A R M O U T H
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492
Telephone (508) 398-2231, Ext. 1276, Fax (508) 398-2365
MEMORANDUM
To: Planning Board
From: Kathy Williams, Town Planner
Date: January 29, 2024
Subject: Definitive Subdivision 2251I – Release from Agreement
The attached Definitive Subdivision 2251I created four lots at the end of Nickerson Farm Road.
All four lots were released from the Covenant in 2004, but were not released from the attached
Agreement which included two conditions:
1. Approval from the Conservation Commission related to the proximity of a drainage
easement on Lot 1 (46 Nickerson Road) to wetlands.
2. Recording of a no-access easement prohibiting access to or from North Dennis Road
through Lot 4 (140 North Dennis Road)
The Conservation Commission issued their Certificate of Compliance for the drainage easement
in 2016 (recorded in Book 29577/Page 299), and the no-access easement was recorded in 2004
(Book 19344, Page 233). In addition, we have coordinated with the Engineering Department,
and they are satisfied with the construction of the subdivision and the submitted as-built
drawings.
The attached January 26, 2024 letter from Attorney Edward Duvall, Common Law Associates,
requests the release from the Agreement for Subdivision 2251I for 47 Nickerson Farm Way (Lot
2). As all conditions have been addressed and the subdivision completed, all four lots can be
released from the Agreement.
Planner Suggestion: Motion to release Lots 1 through 4 of Definitive Subdivision 2251I from
the Agreement recorded at the Barnstable County Registry of Deeds in Book 17511, Page 275
ATTACHMENTS:
Definitive Subdivision 2251I
Agreement for Definitive Subdivision 2251I
January 26, 2024 Letter from Attorney Edward M. Duvall
Draft Release from the Agreement
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PLANNING BOARD
TOWN OF YARMOUTH, MASSACHUSETTS
COMPLETE RELEASE OF THE PLANNING BOARD
Ref. No. 2251I
Date: February 7, 2024
Reference is herein made to an Agreement between the Planning Board in and for the Town of
Yarmouth and T. Varnum Philbrook, subdivider of land in Yarmouth Port, MA located off North
Dennis Road and Nickerson Farm Way, as shown on a plan entitled “DEFINITIVE SUBDIVISION
PLAN OF LAND IN SOUTH YARMOUTH, MA OFF NORTH DENNIS ROAD & NICKERSON FARM WAY
PREPARED FOR T. VARNUM PHILBROOK AND KELLEY C. PHILBROOK.” prepared by Arne H. Ojala,
Registered Professional Land Surveyor, dated May 29, 2003, revised July 14, 2003. Said
Agreement is recorded at the Barnstable County Registry of Deeds in Book 17511, Page 275.
The Planning Board hereby releases all conditions of approval imposed by the above Agreement
on Lots 1, 2, 3 and 4, as shown on the above referenced plan, recorded at the Barnstable
County Registry of Deeds in Plan Book Plan Book 584, Page 96.
____________________________
Joanne Crowley
Chair, Yarmouth Planning Board
Commonwealth of Massachusetts
Barnstable County
On this _______ day of ___________, 2024, before me, the undersigned notary public,
personally appeared Joanne Crowley, who proved to me through satisfactory evidence of
identification which was _________________________________, to be the person whose name
is signed on the preceding document, and acknowledged that she signed it voluntarily for its
stated purpose, as Chair of the Yarmouth Planning Board.
________________________________
Mary Maslowski, Notary Public
My Commission Expires _____________