Loading...
HomeMy WebLinkAboutLot Inquiry 6/8/17 10, 1%4. ..�.;^�� « _$ TOWN OF Y A R M O U T H ` 4. "'`',jd, ``-`. BUILDING DEPARTMENT 0 • 69 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 AS ff— LOT INQUIRY FORM (used for zoning purposes only) Assessors' Map No. .2 'S Lot No. r Street Address ,3 . s , , 0 e• ` -6 il -aU+ !" r MCA+ 5 q✓ Endorsement Date of Subdivision Plan and Type(if applicable) 7 - S Total Land Area(sq. ft.) 1 ) 3,, !-7 �V 0 Frontage 3 1 _ 5,41-r1/,4.'3,,,,A L3.z93 Name of Current Owne�-4nies 'l ^u r Address tZ 1Jc AA c S/. Telephone No. 3-4 - 7 7- /4'y4 Inquirer's Name(if different from owner) 5 )7e Telephone No. Inquirer's Mailing Address j� 1 Building Intent S f��I' ' 1m I Adjoining Lot Numbers 5 61 76t4 4 e I By signing this application I assert my understanding that the purpose of this inquiry is to determine whether the aforementioned lot(s)qualifies for protection afforded c ain heretofore-undeveloped land and that to the best of my knowledge this lot(s)has never previously been built upo - 7 Signature of Applicant r. - Date of Inquiry - - I t 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 date. Reason: 17 -mow a �. S� _ '2 1 Conforms t the applicable provisions of G.L. C apter 40A,Section 6,a3syor Section 104.3.4, Para. liF of the zoning bylaw,as per the information provided on this date. Comments: ti.C471)° 6?s f g ,'�.Gsn � ���,`���a r cted pur uanE to the apph ab p provisions of M.G.L. Chapter 40A, Section 6, Definitive Plan Exempti . Application 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.) all satisfy Title V requirements. (See Health Dept.) Shall satisfy Conservation regulations,if applicable. Shall satisfy the Old ' gs Highway Regional Historic District Commission(if applicable) Investigator's Signature . Date —77 Rev. 8/02 ----'s-"'-. 25.92 4- T t I _____ f i 25 93 125.164 J ( -1--,.h (__..__ �j"--.1 '1 25.82 25.98 i i --� I 25.165 I 25.141 24.170 \ 24.175 , 25.35 , , 25.83 , i 2595 i 25.163 25.169 + 1 25.94 - -- 25.91 -- 25.8a Y _._-,_ � _ 25.162 ' , r`` 24.171 25.36 , s W i i -� L25142 -1] ),,,.,,,,,,,„ . r_. 25.84 - 25.a 61 25.166 • 4p 25.37 25.90 ____ 5 7 i 25.160 ~- �$ ---� 2 9 �- 25.168 25.143 <.; 24.173 25.38 ----- 11 25.78 I 25.99C 25.159 1 25167 i 1 �` 25.85 . � _ 25.144 25.89 25.77 25.158 L._--- I 25.39 25.76 - �- 25.156 i 25.145 `� 25.75 I-`- -- c82514714 t \\ 160 25 40 7 25.86271 1t--------____ t 74 'L25.100 25.102! 25.103 25.154 I_' 25.41 25.149 __- - - _._ „ 25.146 __\ 25.33 25.42 25.87 25.73 ,<r,r. 25.153 0 ' 25.32 �' 25.152 I r \\i, ,,,J ?.,,,\ 24.176 25.43 1 25.107 r 32.122 25.31 \ -1 25\ \ T0 ' 2 25.4 4 1 25.72C 25.121 v 4 -1 . , 25.120.1 25.30 i i 25.133 25.45 25.88 '' f 25.122_ 25.124 r-..;-- 25.29 25.7-1 t 25.132 '� 25.46 25.70 L 14* 1\.------1„ 25.123 ---"~ 25.28 25.47 25.69 , r 25.131 �- 25.27 ,\ 25.68 _____\ 25.313 (25.26 25.48 25.67 25.312C 25.130 '-n '3' Ee'. s Sidi \ j ...._-- 24.92 25.49 i 25.66 _ 1,25.310 ____.. Pe wobl <5k:, \ 25.24 r " i 25.25 , 25.55 25.65 .,'b.��r <, - 25.12 r--- 25.346 25.50 " ; 25.305 i25.3O7 25-.64 25.23 _ 25.54 5 3111 L. a,t ;t, M"; 25.12E - Property Map N 47: 1 inch = 258 feet �;1�! s Data and scale shown on this map are provided for planning and informational purposes only. YARMOUTH (MA) and Vision Government Solutions are not responsible for any use for other purposes or misuse or misrepresentation of this information. 6/7/2017 k • i / 1 , . ,1„ ri,,, sr. 1 ,, SOUANTO04D R S O N I LOCATION MAP I � I FOR REGISTRY USE ONLY I ! ASSESSORS NAP 21,PARCELS CI,CA,C7,9 B 52 JOSEPH T.LEDDY.Rt W W NOTE EADYO TOWN 20NRJG CLASSIFICATION R-I5 P. •'NV� _ 10 SEE DETAIL A _ WE)E Q 2 \1 ESTATE OF REAU✓ A.BO(A7REAU _ - 5 el'4*2"R PATE YRBP90 239/4 E 327,41-- YRB FnU o Mimi 6.42_ /2 i 40.31 47, =_ _ 3/ 0 / t TSB FOE ROBERT D.GFFCRD 20 7]6 AC: .•L1 / __ N R. 00 2 1 pg FNO ALLISON 1 ADAMS '' Y.31^W •�, O 3 -t m s"p Cd MD''A- ..3© pOh Di .nI /1 .A ^ /9233 SF: •0 �-- N0.44/AC.: Oj 16,B26 SF, OWLEN A(• ✓OFNSLW 'A G.O3 0.386 AC: ERNEST A.CARBONS w N'8;03./5^ •.O 7.:8'Sb.' \ \YRB 3 25 W • ® - 'I_ E 24•w• ; END -�- E •• 2 ®�.q EASEAENT\ t; in 10 g /0 /6,597 SF2 / BRIDLE PATH 'm Ojy3Tl p N /E372 SF: 038/AC: \_ 9YRB FAO.ARTHUR N iNNO51AN ^ - 0.380 4C2 m , SARA JAW WOOD 4-- 31,- �8.82 `oI 1'T MN F'' -- . p�. '�' 2J9J0-:'-40.51I - . 1- / N81•0000" - N 1U9 O0 w :' \ 4 SB FND ' 12372 W NOTE END OP. 6.42 _ ❑ : ............. \NLAYOU7 O LOUSE BIANCM 9g 9 8 3 • ° --__ - IS,062 SFt 9 3 v. /036 F 5 o . 0346 ACC 0 5539 St 1 / HAROLO A CURETTE N DETAIL A p3. :Sr( 79•O` .0'Ar• 8 2320 0 W .° WILLIAM SERVOS 0 14'w 9.32 ® % 8 © 80 4 Q _ 15.079 SF3 W /54I4 SFC STANCE✓M.KRZE58f - 0.3964C_ O' �o� Q334 4Ct I it)j • Ems' 0 -O a'^N 7a-� \-- CURVE TABLE 0IO 639• ED SCHAFFE\N'' ® RADIUS(R) ARC(A) iANGENT(TI CHORD(C) pELTA(A) MAURICEABROM50N ,/; , • I 160.00 77.14 39.34 76.40 27'37'33" 's o O• ' ® ® hESDITE JOSEPH W.OF\ 2 200.00 96.43 49J7 95.50 27'37'33" _ N \ ''OIL 3 200.00 125.66 64.98 123.61 _36'00.00" 9.'\`04, 3• l0 5 /LAMES V \ 4 160.00 100.53 51.99 98.89 36°00'00" ANTHONY TREGL/A p? --0.456 4� COM10N a. "i 4n^ 0.456 AC: 3 S 160.00 62.53 31.67 6213 22'23'32" -- 1<_ _ - - $ \-- 6 160.00 38.00 1909 37.91 13°36128" ____ _ _ N 84.26'---W KEMYETN E. " 7 30.00 39.54 23.24 36.74 7513921" O W.- -W 136.85 ,*I CONLON 66 B 50.00 44.38 23.77 42.93 50°5006" LEO R PENTTIEN "' n 9 50.00 50.00 27.32 47.94 57.17'45" • 6 _� 8 3 Im 1993E SF: O 50.00 50.00 27.32 47.94 57'I7'45" -- 0.458 ACC II 50.00 78.61 50,07 70.76 90.04.45" 12 50.00 222.99 64.55 79.06 255.31'21" e 513E• _ ROBERT F.MORRISSEY 137.95 17.93 .N 84_U.15.W ELEANOR L ARNOLD --OWNER 6 APPLICANT: --"9, 63 DENNIS M.CAREY I CERTIFY THAT THIS PLAN 0 0RM5 TO THE 1976 IT HIGH SCHOOL ROAD RICHARD M.VIOLET YE --�- RULES 8 REGULATIONS•F n 5 8661STERS OF DEEDS. • HYANNIS.MASS,02601 W 7 3 , ,' I13,B00 SF: G t 87 IV '/feu_ DECO REFERENCES: -- 26/2 AC_ • RE S .. '1�NAL LAND SURVEYOR BK 2941 PG 61 . 'N UPLAND:ll1,960 SF: u CERTIFY THAT THIS PL'U E IN ACCORDANCE WITH BK 942 PG 602 _ 2570 ACC THE RM PLANNING INSTRUCTIONS AND THAT In OWLAND L840 SFC S THE PERMANENT POINTS SHOWN ON PLAN ARE IN E%IST- EONNRD 1 AMABNE 0042 AC: a. ONCENC�ONN THE GROUNND"/ < AREA: • TOTAL;337,140 SFC -_-- Z 9ATE REGSTEREO .* < tND SURVEYOR 7.740 ACC �, ROAD 32.090 SFC STANCEY ROMANO I <eruw./Y.A/ CLERK 09,., T N CF YARMOUTH 0.7.3 AGs 'OFA UPLAND:33Q300 SFC /Y/f.N R ELWYN HEREBY CERTIFY THAT THE NOTICE BOARD RD HAS B OF RTOO E- 7.698 A4• LAN 3Y TIE YARMOUTH THIS OFFICE A HAS BEEN RA- LONLAND:1,840 SFC ASSCLIVE)ANDRECEIVED RECORDED AT THIS AND THAT NO APPEAL Nay RECEIVED DURING THE TWENTY DAYS NEXT AFTER SUCH 0.04 ACC __ W RECEIPT AND RECORDING OF SAID NOTICE. 3 9-9-27 HAZAA./1.Q .ev1,r\, DATE TOWN CLERK �. TH ERESA M. NI • O��-- . n LORRApIF,x SUBJECT TO A COVENANT AND AGREEMENT TO BE RECORDED 3 H4NEY HEREWITH. ALL UTILITIES ARE TO BE INSTALLED UNDERGROUND. 3 ROBERT 0 SNERMAN 6ILOWM nI LAZZ4R0 PRELIMINARY APPLICATION • ET UN PRE LIMINARY APPROVED • EDGE OF �"�_ DEFINITIVE APPLICATION ,.1 I a ISOLATED WETLAND DEFINITIVE HEARING ' ,': ‘ % RICHARD VANDER SLUTS DEFINITIVE APPROVED DEFINITIVE SIGNED DTI JDIINMFRATE 2692C ET UX WHAM VANDER PLUS ,11 -- -CB FAO ____.._____ I 5 85°23'56"W Q �- cc JOSEPM F HERBERT W. --/'•• ANNE P.TRAKAS 'I BAFBIfRI U W IAOFFM4n.AQ • _-l- n�_ Y PLAN OF LAND IN YARMOUTH,MASSACHUSETTS FOR cr I�_ W�'^'� DENNIS CAREY 0• SCALE:I'•60' • MAY 27,1987 0 30 60 MO 180 2.0 R.J.O'HEARN/NC °,.°H>R;^,�. M • SWAN RIVER PLAZA �� P3 ROUTECC6BOOT 2 •POST HFDICE Sox ASS y c' 1977 11 SOUTH DENNIS,MASS -= 02660 JDG YARMOUTH PLANNING BOARD C^L [^L 86-3680 Sh � OL-f7 • Williams, Kathleen From: Williams, Kathleen Sent: Friday, July 22, 2016 12:11 PM To: Brandolini, Jim Cc: Grylls, Mark Subject: FW: 63 Aspinet Attachments: 63 Aspinet Lot Inquiry Form 1999.pdf;Agreement.pdf;Aspinet Rd Covenants and Restrictions.pdf; Deed 63 Aspinet.pdf; Title 63 Aspinet.pdf; Covenant-retriction to one dwelling unit.pdf; 0 Lot Inquiry Form.pdf Hi Jim If you get a Lot Inquiry form for 63 Aspinet, we should talk. You had done one in 1999 saying the lot was not in conformance with zoning (see attached I got off the laserfische). However, I think the lot was in conformance because they had submitted a Preliminary Subdivision Plan on January 6, 1987 (#2692B),when this parcel of land was in the R15 zoning district with 125'frontage. It was changed to R25 with 150'frontage in 1987. However, our Rules& Regulations in place at the time (and today) allow for the following: 335 Relation of Preliminary Plan to Definitive plan and Zoning Provisions. Approval of a Preliminary Plan does not constitute approval of a subdivision, and a Preliminary Plan may not be recorded in the Registry of Deeds. Provided that a Definitive Plan is duly submitted within seven months.from the date of submission of the Preliminary Plan, the subdivision rules and regulations in effect at the time of submission of the Preliminary Plan shall govern the Definitive Plan, and if the Definitive Plan is ultimately approved, the zoning provisions in effect at the time of submission of the Preliminary Plan shall govern the land shown for seven years from the date of approval of the subdivision plan (Sec. 7-A, Ch. 40-A, G.L.). The Definitive Subdivision was submitted on June 4, 1987 (#2692C), which was within 7 months of submission of the Preliminary Plan. So I think it's buildable. The other attached Covenant restricts the property to only one dwelling unit. This was done by the Water Commissioners to promote water service to the lot. I've also attached a bunch of other documents related to the subdivision and this lot. Thanks, Kathy Kathy Williams, PE Yarmouth Town Planner 1146 Route 28 South Yarmouth, MA 02664-4492 (508) 398-2231 Ext 1276 kwilliamsAyarmouth.ma.us From: Williams, Kathleen Sent: Friday,July 22, 2016 11:54 AM To: 'jmcmanuseye@gmail.com' Subject: 63 Aspinet Hi Jim, 1 Per our telephone discussion, please find attached information regarding your property at 63 Aspinet Road in Yarmouth MA and a Lot Inquiry Form which is submitted to the Building Department. For inclusion on the form, your property was subdivided through a Definition Subdivision#2692C and signed September 9, 1987. I will get in touch with the Building Department and let them know that we should discuss this when the inquiry form and fee ($90) is received. Thanks, Kathy Kathy Williams, PE Yarmouth Town Planner 1146 Route 28 South Yarmouth, MA 02664-4492 (508) 398-2231 Ext 1276 kwilliams(c6,yarmouth.ma.us 2 • • Bk 12948 PG 169 2282S r 04---14-2000 C O3 237 QUITCLAIM DEED I, DENNIS M. CAREY of 658 Scudder Avenue, Hyannisport, MA 02647, For consideration paid in the amount of Sixty-Two Thousand and no/100 Dollars ($62, 000 .00) , Grant to BARRY W. DUNN, TRUSTEE, WINFIELD REAL ESTATE TRUST u/d/t dated May 20, 1996 and recorded with the Barnstable County Registry of Deeds in Book 12570, Page 299, with a mail address of 722 Willow .1- Street, Bass River, Massachusetts 02664, N o with QUITCLAIM COVENANTS d X A certain parcel of land located in Yarmouth (South) , Barnstable Ex., County, Massachusetts described as follows: O LOT 7 shown as containing 113, 800 square feet of land, more or xless, on a plan of land entitled "Plan of Land in Yarmouth, < Massachusetts for Dennis Carey Scale: 1" = 60' May 27, 1987 R.J. O'Hearn, Inc. Swan River Plaza" , which said plan is filed with the E, Barnstable County Registry of Deeds in Plan Book 438, Page 45. � The above described premises are conveyed subject to and with the A benefit of the following: O 1 . Easement to the Town of Yarmouth dated November 23, 1967 and a recorded in Book 6057, Page 346; W z 2 . Covenant in favor of Town of Yarmouth limiting the construction c6activity to only one residential dwelling structure recorded in Book 6057, Page 345; M vO cii 3 . Easement to Commonwealth Electric Company, et al . dated May 26, w 1988 and recorded in Book 6498, Page 157; A4 . Agreement with Yarmouth Planning Board recorded in Book 5926, ,zt Page 350 ; a5 . The provisions of the "Declaration of Protective Covenants and W Restrictions Aspinet Road Development" dated February 28, 1992 pand recorded in Book 7899, Page 255. (The Grantor hereby waives g the requirement for the installment of underground sprinkler a installation contained therein) ; ff 2 P. r, i ..,. ...: .4 ...: cor.- ...,"" p _ww p. 16R1 1,.... A A A g...- :„..-. 8 tll N M y O `' i oa ac c s I ¢ cz ell g • 131C 12948 PG 1 ?0 22 825 r 6 . The right to use the way shown on said plan, in common with the Grantor and others from time to time entitled to use the same, for all purposes for which streets may now or hereafter customarily be used in the Town of Yarmouth, reserving to the Grantor and his successors and assigns the right to use said way for all of said purposes for the benefit of his remaining land and other land that he may acquire in the future and the right to grant the right to use said way for all of said purposes to others; and 7 . The drainage easement, the location of which is shown on said plan. For my title, see deed dated April 3 , 1986 and recorded in Book 5001, Page 11 and deed dated October 24, 1985 recorded in Book 4786, Page 165 . Executed as a sealed instrument this 14th day of April, 2000 . Dennis M. Carey COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. April 14 , 2000 Then personally appeared the above named Dennis M. Carey and acknowledged the foregoing instrument to be his free act and deed before me, e and T. K troy, Not ry Public My commission expires: 04/06/01 k:\clients\dunn\aspinet\deed 2 BARNSTABLE REGISTRY OF DEEDS 1 a059261,4E 350 63672 AGREEMENT Planning Board Yarmouth, Massachusetts Date September 9, 1987 Gentlemen: The undersigned applicant hereby covenants and agrees with the Town of Yarmouth: • (1) That said applicant will not apply for a building permit for any lot or lots shown on applicant's plan bearing Yarmouth Plan- ning Board No. 2692C as finally approved by the Board to the Yarmouth Building Inspector until a road is built according to the provisions of the Rules and Regulations Governing the Subdivision of • Land, Yarmouth Planning Board, effective February 27, 1987 so as to provide proper access to the same from any Town way, other public way, or ways previously approved by the Planning Board. (2) That said applicant will complete the said ways so as to comply with the provisions of the Rules and Regulations Governing • the Subdivision of Land, Yarmouth Planning Board, effective February 27, 1987 by September 9, 1989 That said applicant further agrees See conditions on attached page The said applicant further agrees to record this instrument as a part of but not attached to said plan. This agreement shall be binding upon the heirs, executors, admin- istrators and assigns -- successors and assigns -- of the undersigned. ifl v r. 1 l) O *# rri. i°/1�t r , .J COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss.: : Date S'eo, 11 ` /c7 J" Then personally_appeared the above named ten S A. C 4.. m and and gave oath to the tfuth of the statements madet,herein. 14 0 Notar Public (� el L. vS� f My Commission Expires 'J 12) 'Q' y 'AO*, ;���7899 fnGE 255 • 12385 DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS ASPINET ROAD DEVELOPMENT I, DennisMtarcy, do hereby make and declare said premises to be subject to the following covenants, restrictions and conditions hereinafter set forth, which are imposed for the benefit of the Grantors and their successors in title and which shall apply to all of the lots shown on the above mentioned plan. 1. No trade or business activity shall be carried out upon the grantee premises. 2. No commercial vehicle shall be parked in the open over night, expect one (1) which may be required for the Grantee's transportation. No unregistered automobiles shall be placed or stored on any lot where they may be exposed to the public view, or seen from adjacent property, No construction equipment of any kind shall be parked in the open over night, except a required during construction of dwellings, approved facilities, roads, driveways, utilities, or landscaping. 3. No animals of any kind may be kept except household pets. 4. No building or structure shall be erected on any lot except on single family dwelling containing no less than fourteen hundred (1400) square feet for a one and one-half (1-1/2) or two (2) story house as specified in Item #5. A minimum of one (1) car garage is required. 5. The exterior of all dwellings erected must be of a traditional modified Cape Cod, salt box, ranch, or colonial design. 6. All dwellings shall have an outside post light to the front of the property within fifteen (15) feet of the front lot line; type as specified. 7. No dwelling, structure, or other improvement shall be erected placed, altered, or maintained on the premises until building plans showing the exterior design and minimum square footage of the dwelling and other structures and including fencing, accessory building; swimming pool, landscaping, or other improvements, have been approved in writing by DENNIS M. CAREY, (hereinafter called the "Developers") , or their successors or assigns, said approval to be given suitable for recording at the Barnstable County Registered of Deeds. Ar,o .H yA'R`e'N *-0Ne4. 8 P r3 4 7899 fnf,F 256 8. Exterior of any building erected and the landscaping and grading in connections therewith shall be completed within six (6) months after commencement of construction. No house constructed on any lot is to be occupied until the exterior of the building is complete. No house trailers may be brought onto or maintained on any lot at any time. Sod lawns are to be installed on each lot. 9. No clotheslines, drying yards, rubbish or waste cans shall be placed outdoors except if screened from the view of adjoining property or street by fence, hedge or other similar enclosure. 10. No metal buildings, trailers, or temporary structures shall be erected, parked or maintained on the premises. No unregistered automobiles shall be placed or stored on any lot where they may be exposed to the public view, or seen from adjacent property. 11. No noxious or offensive activity shall be carried out upon any property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. eooK5926PAGE 351 fe Conditions of Planning Board Approval - Plan #2692C (1) No structure may be constructed on Lots 3 through 12, inclusive, with a full basement. Four (4) foot crawl spaces are permissible. (2) All proposed dwellings will utilize dry wells for roof runoff. (3) The Subdivision will be designed and constructed so as to contain all rain runoff within the Subdivision parcels by means of a series of swales and stone-filled trenches. (4) The stone-filled trenches necessary to contain rain runoff within the Subdivision parcels are to be constructed a minimum of fifteen feet from the rear lot line where technically feasible. (5) Check valves are required on all septic systems. (6) A condition will be endorsed on the plan stating, "No dwelling or unit shall be built on any lot without first securing, from the Health Department, the Disposal Works Construction Permit required for the installation of a subsurface sewage system." 'RECORDED SEP 15 87 • • r 1Ek: 1E: 134 F'i:321 44':�=• 1. 1=3 --- 1 la--2f_IUO IR 0 1 6 QUITCLAIM DEED I, BARRY W. DUNN, Trustee of Winfield Real Estate Trust under Declaration of Trust dated May 20, 1996 and recorded in Barnstable County Registry of Deeds Book 12570, Page 299, in consideration of ONE HUNDRED AND FOURTEEN THOUSAND NINE HUNDRED ($114, 900.00) DOLLARS, grant to JAMES McMANUS and MELANIE McMANUS, husband and wife as tenants by the entirety, of 725 Beach Street, Satellite Beach, FL 32937, with QUITCLAIM COVENANTS, the land located at 63 Aspinet Road, South Yarmouth, MA, more particularly bounded and described as follows: LOT 7 shown as containing 113,800 square feet of land, more or less, on a plan of land entitled "Plan of Land in Yarmouth, Massachusetts for Dennis Carey Scale: 1" = 60' May 27, 187 R.J. O'Hearn, Inc. Swan River Plaza", which said plan is filed with the Barnstable County Registry of Deeds in Plan Book 438, Page 45. Subject to and with the benefit of all rights, rights of way, easements and encumbrances of record, to the extent that the same may be presently in force and effect. For title see deed recorded in Barnstable County Registry of Deeds Book 12948, Page 169. Witness my Hand And Seal this%a 74 day of A , 2000. BARNSIAILE COUNTY M , REGISTRY OF DEEDS BARRY . DUNN COUNTY EXCISE TAX CA - G OF DEEDS DATE 07.18.'00 T � ,. • 01 R TABLE TAX $262.20 TOTAL $262,20 maim 1:tnni 01 CHECK $262.20 011523s CLERK 1 NO.011786 FEE t393.30 TIME 12:55 1111 CASH 1.393.30 f Bk: 1. 134 PI 2 1 E: 44S 1 I COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. , 2000 Then personally appeared before me the above named BARRY W. DUNN, Trustee as aforesaid and acknowledged the foregoing instrument to be his free act and deed. Notary Public s, ^c#94= f sTl,.,. e_ My Commission Expires: y .2 d mfsre5/dunndeed.wpd BARNSTABLE REGISTRY OF DEEDS • .40,60,7 Ni 34.1 , flint COVENANT Whereas, Dennis M. Carey, hereinafter called the Grantor, is the owner in fee of that certain parcel of land situated in the 'town of Yarmouth, County of Barnstable, Commonwealth of Massachusetts, more parti.cu.larily described as follows: ' Lot #7 as shown on Plan of Land entitled Plan of Land in Yarmouth, Massachusetts fur Dennis Carey, scale: I" = 60' , May 27, 1987, prepared by R. J. O'Ilearn, Inc. , Swan River Plaza, 35 Route 134, Unit 2, Post Office Box 237, South Dennis, Mass. 02660 and being duly recorded at the Barnstable County Registry of (feeds, Plan Book 438, Page 45. For my title see Book 5001 , Page 11 , hereinafter called "Grantor's property." Now, therefore, in consideration of nominal monetary amount and as an inducement to provide water to said Lot 7, the receipt and sufficiency of which is hereby acknowledged, the Grantor for himself, his heirs, administrators, executors, successors and assigns, does hereby create a covenant running with the land and grants unto The Inhabitants of the Town of Yarmouth, a municipal corporation located in the County of Barnstable, its successors and assigns, hereinafter called the Grantees, a covenant whereby no more than one residential dwelling structure shall be erected, improved or maintained on said lot from this time forward and further that should said Lot 7 be subdivided for any reason that no more than one such residential structure shall ever be built or maintained on the area currently consisting of Lot 7 as shown on the above referred to plan. And it is expressly understood and agreed that the covenant above specified shall attach to and run with the land and it shall be lawful not only for the said Grantor, his heirs or assigns but also for the Grantees, to institute and prosecute any proceedings at law or in equity against any -f person or persons violating or threatening to violate the same; and that the object of the covenant is to secure the health, beauty, ornamentation and value of the community. In Witness Whereof, the Grantor has hereunto set his hand and seal. this 25th day of November, 1987. DENNIS M. CAREY COMMONWEALTH OF MASSACHIUISETTS Barnstable ss. November 25, 1987 Then personally appeared the above named Dennis M. Carey and acknowledged the foregoing instrument to he his free act and deed, n A • Before me, 1f� %t�i / ;AF,RDY L. SiJS0 , Notary Public My Commisssion Expires: July 22, 1994 ERR DEC 11 87 1f +r