HomeMy WebLinkAboutAtty. Tardiff letter 5/3/24LAW OFFIC S OF
PAUL R. TARDIF, ESQ., P.C.
490 MAIN STREET
YARNIOLT'I'1 { PORI, NIA 02675
(508) 362-7799 (508) 362-7199 fax
REC�IVD
MAY 0 31014
Bl11LDING DEPARTMENT
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Paul R Tardif, Esq. Stacy A. Curley, Erg.
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REFER TO FILE NO.
May 1, 2024
Mark Grylls
Yarmouth Building Commissioner
1146 Route 28
South Yarmouth, MA 02664
Re: 93 Cranberry Lane, South Yarmouth, MA
Assessor Map 118, Parcel 41
Current Owner: Troy A. Walls and Katherine L. Walls
Dear Mr. Grylls:
Please be advised that this office represents Troy A. Walls and Katherine L. Walls, the
owner of the property at 93 Cranberry Lane, South Yarmouth, Massachusetts. (the "Property").
My client would like to construct a single family dwelling on the Property, and has asked me to
research the title history and analyze the Zoning Bylaw to determine if that is a possibility. After
reviewing the title history of the Property, and having reviewed the plain language of the
Yarmouth "Zoning Bylaw, as well as a letter from James D. Brandolini, dated April 21, 2021
(Brandolini Letter), and having seen this same issue on other properties in town, 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.
93 Cranberry Lane, South Yarmouth, ALL (Map 118, Parcel 41)
The Property is located in the R-40 Zoning District, contains 29,160 square feet, and is denoted as
Parcel 41 on the Town of Yarmouth Assessor's Map 118. Title to the Property is currently in the
name of Troy A. Walls and Katherine L. Walls, and the title is derived pursuant to a deed recorded
in the Barnstable County Registry of Deeds in Book 31688, Page 92, dated November 15, 2018.
J he property is denoted as Lot 44 as shown on a plan entitled "Section B. Driftwood on Bass
River, Yarmouth, Mass., as surveyed for Herbert J. Kaiser, Scale I inch — 80 Feet, May 1954,
Whitney & Bassett Architects & Engineers, Hyannis, Mass.", which plan is duly recorded with the
Barnstable County Registry of Deeds in Plan Book 120, Page 119. (Plan 1). I have attached a copy
of Plan 1 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 l i Letter to Mark Grylls
93 Cranberry Lane, South Yarmouth, MA
-Valerie Sullivan to Troy A. Walls and Katherine L. Walls, by deed dated November 15, 2018,
recorded in the Barnstable County Registry of Deeds in Book 31688, Page 92;
-Kevin M. Sullivan to Valerie Sullivan, by deed dated June 24, 2016, recorded in the Barnstable
County Registry of Deeds in Book 29908, Page 225;
-Troy A. Walls and Katherine L. Walls to Kevin M. Sullivan, by deed dated March 16, 2011,
recorded in the Barnstable County Registry of Deeds in Book 25322, Page 48;
-Ronald G. Stewart to Troy A. Walls and Katherine L. Walls, by deed dated September 10, 2004,
recorded in the Barnstable County Registry of Deeds in Book 19117, Page 262;
-Ronald G. Stewart and Patricia L. Stewart to Ronald G. Stewart, by deed dated September 30,
1994, recorded in the Barnstable County Registry of Deeds in Book 9394, Page 14;
-Clarence M. Burgess, Jr. and Doris A. Burgess to Ronald G. Stewart and Patricia L. Stewart, by
deed dated January 12, 1970, recorded in the Barnstable County Registry of Deeds in Book 1461,
Page 321;
-Driftwood Properties, Inc. to Clarence M. Burgess, Jr. and Doris A. Burgess, by deed dated
September 4, 1968, recorded in the Barnstable County Registry of Deeds in Book 1439, Page 341;
-Herbert J. Kaiser to Driftwood Properties, Inc., by deed dated December 3, 1956, recorded in the
Barnstable County Registry of Deeds in Book 960, Page 282;
As indicated, the total area of the Property is approximately 29,160 square feet and contains
a total of 109 feet of frontage on Cranberry Lane. The Property is located in the R-40 zoning
district, which mandates the following current minimum bulk requirements for a single family use:
Minimum Lot Area: 40,000 sf
Minimum Frontage: 50 ft
Front Yard Setback: 25 ft
Side Setback: 15 ft
Rear Setback: 25 ft
87 Cranberry Lane, South Yarmouth (Map 118, Parcel 40):
This property is currently titled in the name of Troy A. Walls and Katherine L. Walls, by
virtue of a deed from Ronald G. Stewart, recorded in the Barnstable County Registry of Deeds in
Book 12233, Page 120, dated April 29, 1999. The property is denoted as Lot 45 as shown on Plan
1. The lot contains 29,260 square feet of area. 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:
-Ronald G. Stewart to Troy A. Walls and Katherine L. Walls, by deed dated April 29, 1999,
recorded in the Barnstable County Registry of Deeds in Book 12233, Page 120;
Page 2 of 11 Letter to Mark Grylls
93 Cranberry Lane, South Yarmouth, MA
-Ronald G. Stewart and Patricia L. Stewart to Ronald G. Stewart, by deed dated September 30,
1994, recorded in the Barnstable County Registry of Deeds in Book 9394, Page 14;
-Homestead Acres, Inc. I to Ronald G. Stewart and Patricia L. Stewart, by deed dated January 22,
1981, recorded in the Barnstable County Registry of Deeds in Book 3246, Page 267;
-Herbert J. Kaiser to Driftwood Properties, Inc., by deed dated December 3, 1956, recorded in the
Barnstable County Registry of Deeds in Book 960, Page 282;
97 Cranberry Lane, South Yarmouth (Map 118, Parcel 42):
This property is currently titled in the name of Gary P. Sullivan and Valerie A. Sullivan,
by virtue of a deed from Deutsche Bank Trust Company Americas, recorded in the Barnstable
County Registry of Deeds in Book 24416, Page 210, dated March 11, 2010. The property is
denoted as Lot 43 as shown on Plan 1. The lot contains 27,760 square feet of area. 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:
-Deutsche Bank Trust Company Americas to Gary P. Sullivan and Valerie A. Sullivan, by deed
dated March 11, 2010, recorded in the Barnstable County Registry of Deeds in Book 24416, Page
210;
-Troy A. Walls to Deutsche Bank Trust Company Americas, by deed dated April 27, 2009,
recorded in the Barnstable County Registry of Deeds in Book 23986, Page 280;
-Ronald G. Stewart and Rolanda J. Stewart to Troy A. Walls, by deed dated September 10, 2004,
recorded in the Barnstable County Registry of Deeds in Book 19028, Page 219;
-Ronald G. Stewart to Ronald G. Stewart and Rolanda J. Stewart, by deed dated June 1, 1998,
recorded in the Barnstable County Registry of Deeds in Book 11481, Page 341;
-Ronald G. Stewart and Patricia L. Stewart to Ronald G. Stewart, by deed dated September 30,
1994, recorded in the Barnstable County Registry of Deeds in Book 9394, Page 14;
-George P. Medeiros and Ruth M. Medeiros to Ronald G. Stewart and Patricia L. Stewart, by deed
dated July 5, 1968, recorded in the Barnstable County Registry of Deeds in Book 1407, Page 322;
-Driftwood Properties, Inc. to George P. Medeiros and Ruth M. Medeiros, by deed dated December
16, 1964, recorded in the Barnstable County Registry of Deeds in Book 1301, Page 65;
Driftwood Properties, Inc. merged with Homestead Acres, inc. on March 20, 1979. See merger recorded in the
Barnstable County Registry of Deeds in Book 2887, Page 272.
Page 3 of 1.1 Letter to Mark Grylls
93 Cranberry Lane, South Yarmouth, MA
106 Valhalla Drive, South Yarmouth (Map 118, Parcel 59.1):
This property is currently titled in the name of Lauren R. Kelly Ugarte and Roberto C.
Ugarte, by virtue of a deed from Christopher J. Adamaitis, recorded in the Barnstable County
Registry of Deeds in Book 35522, Page 124, dated December 15, 2022. The property is denoted
as Lot 9A as shown on a plan entitled "Plan of Land in Yarmouth, MA prepared for Robert W.
Joyce, Scale 1"-40', dated 10/20/1995" drawn by Down Cape Engineering, Inc. 939 Main Street,
Yarmouth, Massachusetts", which said plan is duly recorded in the Barnstable County Registry of
Deeds in Plan Book 520, Page 7 (Plan 2.) The lot contains 35,508 square feet of area. 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:
-Christopher J. Adamaitis to Lauren R. Kelly Ugarte and Roberto C. Ugarte, by deed dated
December 15, 2022, recorded in the Barnstable County Registry of Deeds in Book 35522, Page
124;
-Christopher J. Adamaitis and Leslie J. Adamaitis to Christopher J. Adamaitis, by deed dated
September 6, 2012, recorded in the Barnstable County Registry of Deeds in Book 26726, Page 84;
-Christopher J. Adamaitis to Christopher J. Adamaitis and Leslie J. Adamaitis, by deed dated
November 21, 2002, recorded in the Barnstable County Registry of Deeds in Book 15956, Page
177;
-Donald H. Priestly, Trustee of the Irene Trust to Christopher J. Adamaitis, by deed dated
December 17, 1997, recorded in the Barnstable County Registry of Deeds in Book 11158, Page
308;
-Robert W. Joyce to Donald H. Priestly, Trustee of the Irene Trust, by deed dated September 4,
1997, recorded in the Barnstable County Registry of Deeds in Book 10937, Page 66;
-Robert W. Joyce and Patrick H. Joyce, Jr. to Robert W. Joyce, by deed dated June 29, 1995,
recorded in the Barnstable County Registry of Deeds in Book 9749, Page 297;
-Robert W. Joyce and Patrick H. Joyce, Jr. to Robert W. Joyce, by deed dated May 31, 1995,
recorded in the Barnstable County Registry of Deeds in Book 9693, Page 30;
-J.J.R. Enterprises, Inc. to Robert W. Joyce and Patrick H. Joyce, Jr., by deed dated September 10,
1987, recorded in the Barnstable County Registry of Deeds in Book 5934, Page 85;
-Cape Associated Builders, Inc. to J.J.R. Enterprises, Inc., by deed dated January 9, 1986, recorded
in the Barnstable County Registry of Deeds in Book 4889, Page 20;
-Oceanaire Building Corporation to Cape Associated Builders, Inc., by deed dated April 24, 1985,
recorded in the Barnstable County Registry of Deeds in Book 4504, Page 315;
Page 4 of 11 Letter to Mark Grylls
93 Cranberry Lane, South Yarmouth, MA
-J.R.R. Enterprises Inc. to Oceanaire Building Corporation, by deed dated November 2, 1983,
recorded in the Barnstable County Registry of Deeds in Book 3918, Page 98;
-Joseph J. Ryan and Dorothy P. Ryan to J.R.R. Enterprises Inc., by deed dated December 30, 1980,
recorded in the Barnstable County Registry of Deeds in Book 3217, Page 322;
-Mary L. Canty to Joseph J. Ryan and Dorothy P. Ryan, by deed dated August 7, 1962, recorded
in the Barnstable County Registry of Deeds in Book 1168, Page 170;
46 Nickerson Farm Way, South Yarmouth (Map 118, Parcel 23.3):
This property is currently titled in the name of Aliaksei Kuharenka, by virtue of a deed
from T. Varnum Philbrook and Kelley C. Philbrook, recorded in the Barnstable County Registry
of Deeds in Book 29541, Page 100, dated March 18, 2016. The property is denoted as Lot 1 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
Date May 29, 2003, Revised: July 14, 2003, Scale 1 "==40"', which said plan is duly recorded in
the Barnstable County Registry of Deeds in Plan Book 584, Page 96 (Plan 3.) The lot contains
59,312 square feet of area. 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:
-T. Varnum Philbrook and Kelley C. Philbrook to Aliaksei Kuharenka, by deed dated March 18,
2016, recorded in the Barnstable County Registry of Deeds in Book 29541, Page 100;
-Audrey Todd to T. Varnum Philbrook and Kelley C. Philbrook, by deed dated December 12,
2002, recorded in the Barnstable County Registry of Deeds in Book 16070, Page 243;
-Alfred LaPlante and Augusta LaPlante to Alexander C. Todd, Jr.2 and Audrey S. Todd, by deed
dated December 6, 1961, recorded in the Barnstable County Registry of Deeds in Book 1139, Page
333; confirmed in Book 3028, Page 291;
Because the Yarmouth Zoning Bylaw allows up to 3 lots to be held in contiguous ownership, I
have also conducted the title analysis on properties which, although not touching the Property,
could be counted as contiguous lots if joined by a common owner.
1 Centerboard Lane, South Yarmouth (Map 118, Parcel 43) (2d property to the north of
Property) :
This property is currently titled in the name of Thomas P. Dean, by virtue of a deed from
Thomas P. Dean and Palmira D. Dean, recorded in the Barnstable County Registry of Deeds in
Book 8974, Page 134, dated December 23, 1993. The property is denoted as Lot 42 as shown on
Plan 1. The lot contains 29,140 square feet of area. Currently, and based on the tax card of the
z Alexander C. Todd, Jr. died on May 20, 2002.
Page 5 of 11 Letter to Mark Grylls
93 Cranberry Lane, South Yarmouth, MA
Town of Yarmouth Assessor's Office, the lot is improved with a single family dwelling. The title
to the property is as follows:
-Thomas P Dean and Palmira D. Dean to Thomas P. Dean, by deed dated December 23, 1993,
recorded in the Barnstable County Registry of Deeds in Book 8974, Page 134;
-Thomas P. Dean to Thomas P Dean and Palmira D. Dean, by deed dated March 9, 1987, recorded
in the Barnstable County Registry of Deeds in Book 5605, Page 93;
-George P. Medeiros and Ruth M. Medeiros to Thomas P. Dean, by deed dated July 5, 1968,
recorded in the Barnstable County Registry of Deeds in Book 1407, Page 476;
81 Cranberry Lane, South Yarmouth (Map 118, Parcel 39) (2d property to the south of
Property):
This property is currently titled in the name of David A. Boesse and Nancy D. Boesse, by
virtue of a deed from Driftwood Properties, Inc., recorded in the Barnstable County Registry of
Deeds in Book 1330, Page 358, dated September 15, 1965. The property is denoted as Lot 46 as
shown on Plan 1. The lot contains 29,430 square feet of area. 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:
-Driftwood Properties Inc. to David A. Boesse and Nancy D. Boesse, by deed dated September
15, 1965, recorded in the Barnstable County Registry of Deeds in Book 1330, Page 358;
ZONING:
The Yarmouth Zoning Bylaw addresses the buildability of a single lot. Specifically, Section
104.3.4(1), entitled, "Nonconforming Lots" states as follows:
Single lots. Any increase in area, frontage or other dimensional requirements of this
zoning bylaw shall not apply to a lot for single family residential use which, at the time
of recording or endorsement, whichever occurs sooner, conformed to then existing
requirements, had less than the new requirement but at least five thousand (5,000)
square feet of area and fifty (50) feet of frontage and was not held in common ownership
with any other contiguous lot at the time of, or since, the effective date of the increased
requirements.
According to the Brandolini Letter of April 21, 2021, the minimum lot area requirement for lots
in this zoning district was increased from 20,000 sf to 40,000 sf on April 29, 1980. Since the
Property contains approximately 29,160 square feet of area, it was on this date, and this date alone,
that the Property became legally pre-existing non -conforming, and that is the date which must b
analyzed to determine the buildability of this Property.
Because the lot was legally created as of June 10, 1954, pursuant to a Subdivision Plan
Approved by the Yarmouth Planning Board, the Property was grandfathered, and the increase in
Page 6 of 11 Letter to Mark Grylls
93 Cranberry Lane, South Yarmouth, MA
the bulk requirements did not apply, as long as the Property contained a minimum of 5,000 square
feet of area and fifty feet of frontage, which it did. The only remaining element to be met to
qualify for the single lot exception to the bylaw amendment is that it was not held in common
ownership with any other adjoining lot on the effective date of the increased requirements, or since.
In April of 1980, the Property was owned by Ronald G. Stewart and Patricia L. Stewart
The property at 87 Cranberry Lane was owned by Homestead Acres, Inc.
The property at 97 Cranberry Lane was owned by Ronald G. Stewart and Patricia L. Stewart
The property at 106 Valhalla Drive was owned by Joseph J. Ryan and Dorothy P. Ryan
The property at 46 Nickerson Farm Way was owned by Alexander C. Todd, Jr. and Audrey S.
Todd
The property at 1 Centerboard Lane was owned by Thomas P. Dean
The property at 81 Cranberry Lane was owned by David A. Boesse and Nancy D. Boesse
Based on my review of these titles, it appears that the Property and the property at 97 Cranberry
Cane were owned by the same parties, and thus would not qualify for the single lot exemption.
However, the analysis does not end here.
Section 104.3.4(2), entitled "Two (2) or three (3) adjoining lots" 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 feet and seventy-five (75) feet
offrontage, or contained fifteen thousand (15, 000) square feet and fifty (50) feet offrontage 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.
With this history in mind, and based on Yarmouth Zoning Bylaw Section 104.3.4(2), 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. 40,000 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. The Brandolini letter of April 21, 2021
did not address the plain language of this section, but I believe that it should have. As such, my
client's Property is in fact grandfathered, and can be improved with a single family dwelling.
We have discussed your office's analysis on prior matters, and specifically the analysis of the
former Deputy Building Commissioner, James D. Brandolini, regarding the property at 121 Town
Brook Road, West Yarmouth, MA. I think that you would agree that your position is that even
though, as we both agree, the explicit language of Section 104.3.4 (2) does not include a provision
which prohibits contiguous ownership even after a lot becomes grandfathered, your reading of that
section incorporates such language from Section 104.3.4 (1). Specifically, your position is that
Page 7 of 11 Letter to Mark Grylls
93 Cranberry Lane, South Yarmouth, MA
even though the Property in question does in fact meet the plain requirements of Section 104.3.4
(2), that once the Property comes into common ownership AFTER the date of grandfathering, that
the lots are merged and cannot be built upon.
I have outlined the basis for your position on prior matters, and demonstrated the flaw in the
analysis outlined in the Brandolini Letter. In fact, in 2021, and based on your final decision that
Mr. Brandolini's position was correct, I appealed your decision to the Zoning Board of Appeals.
Decision 4914, a copy of which is attached, overturned your decision and recited the clear method
for analyzing if a lot was building or not. In both the 121 Town Brook Road case, and the present
case, a simple reading of Zoning Bylaw Section 104.3.4(2) reveals the fact that the Property at 93
Cranberry Lane is a buildable lot.
The battle in this case is between the efficacy of the language of the Yarmouth Zoning Bylaw and
the merger doctrine. The same Court which gave us the dubious position in Preston v. Hull, 51
Mass App. Ct. 236 (2001) addressed this issue in Koines v. Cohasset, 91 Mass. App. Ct. 903 (2017)
and 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, and as the Plaintiff, and you, argue, were merged at that time and
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:
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,
Page 8 of 11 Letter to Mark Grylls
93 Cranberry Lane, South Yarmouth, MA
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.
As in this case, there is no argument that the Property at 93 Cranberry Lane meets all of the
requirements under Section 104.3.4 (2) (and as will be demonstrated below, Section 104.3.4 (5)).
The Defendant in Koi_nes received a building permit to build a single family home on one of the
2 lots and the abutter appealed, arguing that the merger doctrine prohibited the issuance of that
permit. 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 abrogates 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
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, who first took a swipe
at the Preston Decision, by stating as follows: "this court reached its conclusion in Preston
despite the fact that the lot at issue met the literal linguistic requirements set forth in the statute,
resting its conclusion on the fact that the Legislature, though presumptively aware of the
preexisting and well -established merger doctrine at the time it enacted § 6, did not evince a clear
intent to alter the common law." Without saying this is an untenable conclusion, they said it.
The Court then went on to say that the Preston case did not matter anyway, because "unlike the
provision of G. L. c. 40A, § 6, at issue in Preston, supra, the by-law provision in the present case
Page 9 of 11 Letter to Mark Grylls
93 Cranberry Lane, South Yarmouth, MA
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.
As you can see, 23 years after the Massachusetts Appeals Court issued the incongruous
Preston decision, it rejected it wholeheartedly and has clearly set the legal parameters for the
Property in this case. 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 fact of merger.
Even if you find some kind of ambiguity in Zoning Bylaw Section 104.3.4 (2) which
would prevent abrogation of the merger doctrine, you must also review your analysis of Section
104.3.4 (5), entitled "Other Nonconforming Residential Lots" which states in relevant part 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 of June 3, 1996; as provided said lot contains at least
ten thousand (10, 000) square feet of non -wetland lot area and either seventy-five (75) feet
of lot frontage or fifty (50) feet of lot frontage if the minimum dimensional requirements
of Section 203.2 of this zoning bylaw are met, each side of the square described therein
being seventy-five (75) feet.
In this case, the lot appeared on a plan approved or endorsed by the Planning Board on or before
June 3, 1996, which plan was duly recorded. In addition, and as shown above, this Property was
"not held in common ownership with more than two abutting lots as of June 3, 1996" (see below).
Finally, the lot contains at least 10,000 square feet of non -wetland lot area and has at least 75 feet
of frontage. The plain and clear language of this section of the Zoning Bylaw should be applied
in this case, as this was the intention of the Town residents.
As of June 3, 1996:
The property at 93 Cranberry Lane was owned by Ronald G. Stewart
The property at 87 Cranberry Lane was owned by Ronald G. Stewart
The property at 97 Cranberry Lane was owned by Ronald G. Stewart
The property at 106 Valhalla Drive was owned by Robert W. Joyce
The property at 46 Nickerson Farm Way was owned by Alexander C. Todd, Jr. and Audrey S.
Todd
Page 10 of 11 Letter to Mark Grylls
93 Cranberry Lane, South Yarmouth, MA
The property at 1 Centerboard Lane was owned by Thomas P. Dean
As you can see, even under Zoning Bylaw Section 104.3.4(5), we meet all of the criteria for a
building permit for the property at 93 Cranberry Lane. I am hoping that you will reconsider the
position taken in the Brandolini Letter, with my hope that you will 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. I have attached a copy of the Koines Land Court and Appeals Court
decisions for your review.
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
u for your time and attention to this matter.
enc
cc: Troy Walls
Page 11 of 11 Letter to Mark Grylls
93 Cranberry Lane, South Yarmouth, MA
Yarmouth Assessor's Map 118
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Brandolini Letter
TO q� TH
1146 Route 2 tk -`� b'th, MA 02664
A t 4.
508-398-223. e �a1508-398-0836
Office of the tti �ngommissioner
April 21, 2021
Troy Walls
87 Cranberry Lane
So. Yarmouth, MA 02664
Re: 93 Cranberry Lane -Lot Inquiry
Dear Mr. Walls:
Please be advised that I have completed the Lot Inquiry for 93 Cranberry Lane, parcel 41, shown on Assessors' Map
118. The following are my findings and comments:
-The parcel was created by a subdivision plan dated, May, 1954.
-This subdivision plan is titled Driftwood on Bass River, Section B and was recorded at the Barnstable Registry of
Deeds on Book 120, Page 119.
-The parcel in questions appears on this plan as Lot 45, containing 29,560 square feet of land area and 100 feet of
frontage. Note: The Assessors records show the parcel contains .67 Acres or 29,185 square feet of land area.
-This parcel became non -conforming on April 29, 1980, when the minimum land area requirements increased from
20,000 square feet to 40,000 square feet.
-Zoning Bylaw Section 104.3.4, Para. 2 and MGL Chapter 40A, Section 6 provides that a maximum of 3 three lots
held in common ownership (at the time they became non -conforming), having a minimum of 7,500 square feet of
land area and 75 feet of frontage may qualify for protection (grand fathered) from zoning land area and frontage
increases.
-In addition, Zoning Bylaw Section 104.3.4, Para. 5, provides that lots, up to a maximum of 3 three, held in common
ownership, as of June 3, 1996, having a minimum of 10,000 square feet of non -wetland area and 75 feet of frontage
may also quality for the same protection. This provision, in effect, moves the clock forward from the original non-
conforming date for lots held in common ownership to, 1996.
-1n determining whether parcels comply with either or both of these provisions, we must review the ownership
history of the parcel in question and adjoining parcels.
-According to the Assessors records, the parcel in question, No.41 and two adjoining parcels 40 & 42 were held in
common ownership by Ronald Stewart on June 3, 1996.
-On April 29, 1999 parcel 40 was conveyed to Troy Walls
-On September 4, 2004 parcel 42 was conveyed to Troy Walls
-On October 8, 2004 parcel 41was conveyed to Troy Walls.
-On August 25, 2009 parcel 42 was conveyed to Deutsche Bank & Trust.
Page 2- Lot Inquiry Determination for 93 Cranberry Lane cont'd.
-Parcels 40 do 41 continued to be held In common ownership until March 16, 2011 at which time, parcel 41 was
conveyed to Kevin Sullivan, Into separate ownership and then conveyed to Valerie Sullivan, on September 1,
1011.
-On November 27, 2018, parcel 41 was conveyed back to Troy Wall, re-creating a common lot situation with
Parcel 40.
A Lot Inquiry Determination was made on February 8, 2005, indicating Parcel 41 was protected. However, that
determination was based on the fact that parcel 40, 41 & 42 were held, in common ownership as of June 3, 1996 and
that common ownership existed on the date the determination was made.. Had they remained in common ownership,
thru the present, the parcel in question, would have remained protected. In addition, had the parcel when conveyed
into separate ownership, remained in separate ownership, thru the present date, it also would have remained
protected; but neither of these scenarios, is the case.
Accordingly, based on the foregoing information, parcel 41, located at 93 Cranberry Lane does not qualify for
protection (not grandfathered) due to the fact it returned int°common ownership after June 3, 1996, after having been
in separate ownership. Therefore, it is deemed merged with parcel 40, for zoning purposes.
Very truly,
James D. Brandolini,
Deputy Building Commission
Plan Book 120, Page 119
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Bk 31688 Po 92 S-587-55
11-27-2013 a 01-18p
N O
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O BARNSTABLETTS COUNTYTREGISTRY OFDEEDS TAX
N Date: 11-27-2018 a 01:18vm
O F F I
C O
C I A L
P Y
O F F I
C 0
C PIS,: �19 Doc`.: 58755
Pp' s 11.15 Cons: $32r200.00
N O
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0 RARNSTABL£ COUNTY EXCISE TAX
N BARNSTABLE COUNTY REGISTRY OF DEEDS
O F F I
C I A L
0 F F I
C flat-27-2018 a 01:18pm
C Ir. 9 Do,:': 58755
C O
P Y
C 0
P Oie: $99.45 Cons: 432,200.00
QUITCLAIM DEED
VALERIE SULLIVAN, being married, of Dorchester, Suffolk County, Massachusetts, for
consideration paid and in full consideration of THIRTY-TWO THOUSAND TWO HUNDRED
and 00/100 Dollars ($32,200.00) grant to TROY A. WALLS and KATHERINE L. WALLS,
husband and wife, as tenants by the entirety, of 87 Cranberry Lane, South Yarmouth, Barnstable
County, Massachusetts
With Quitclaim Covenants
The land situated in Yarmouth (South), Barnstable County, MA described as follows:
Being LOT 44, on plan of land entitled: "Section B Driftwood on Bass River, Yarmouth, Mass.,
as surveyed for Herbert J. Kaiser, Scale 1 inch = 80 feet, May 1954, Whitney & Bassett
Architects & Engineers, Hyannis, Mass." which plan is duly recorded in Barnstable County
Registry of Deeds in Plan Book 120, Page 119.
The above described premises are conveyed subject to and with rights of way in common with
others entitled thereto over the streets and ways as shown on said plan.
This property was not a homestead residence and the undersigned states under the pains and
penalties of perjury that she releases any and all rights of homestead in the above described
premises, if any there be.
For title, see deed dated June 24, 2016 and recorded with the Barnstable County Registry of
Deeds at Book 29908, Page 225.
w l IF t
Bk 31688 Pg93 #58755
N 0 T
N 0 T
A N
A N
O F
F I C I
A
L
O
F
F I C I
A L
C 0 P Y
C O P Y
N 0 T N 0 T
WITNESS my hand and se&l tiis /gday of November, 20F8. N
O F F I C I A L O F F I C I A L
P X C O P Y
VALERIE SULLIVAN
I, GARY SULLIVAN, being the husband of Valerie Sullivan, hereby release any and all rights
of homestead in the above referenced property.
GARY SULLIVAN
COMMONWEALTH OF MASSACHUSETTS
County of
November �018
Before me, the undersigned notary public, personally appeared VALERIE SULLIVAN,
having proved to me through satisfactory evidence of identification, which was through
photograph identification, to be the person who signed the preceding or attached document in my
presence, and who swore or affirmed to me that the contents of the document are truthful and
accurate to the best of her knowledge and belief and that she did so willingly and for its stated
purpose.
ELIZABETH BURNS
Notary Public
MassachusettsMassachusettsett�tl>t
Commlitlon EYpint Aug 20, 2021
-2-
Notary Public
My Commission Expires:
',Ytls�
V
Bk 31688 Pg94 #58755
Dated at A Massachusetts, thisA5t day of November, 2018.
SELLER: A N A N
O F F I C I A L O F F I C I A L
Kj� C P Y C O P Y
Valerie Sullivan N O T N 0 T
A N A N
O F F I C I A L O F F I C I A L
CC0MM(9NWEALTH OF MASSACHUS1? 7S
County of U _
On this 151 day of November, 2018, then personally appeared before me, the undersigned
Notary Public, the above -named VALERIE SULLIVAN and proved to me through satisfactory
evidence of identification, which were through photographic identification or personal knowledge,
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.
ELWeETN9t►RNS Notar} blic
Nauyfttk My C mission Expires:
W nackium�
CommlcHoo Up os Av 201].2021
2
BARNSTABLE REGISTRY OF DEEDS
John F Meade, Register
PzJ
L
d
4
44
Bk 29908 P9225 �44937
09--02-2016 a 10 2 31 ct
N 0 T N 0 T
A N A N
O F F I C I A L O F F I C I A L
C O P Y C O P Y
N 0 T N O T
A N QUITCLAIM DEED A N
O F F I C I A L O F F I C I A L
C O P Y C O P Y
Kevin 1VL Sullivan ofDorchester, Suffolk County, Massachusetts
for consideration paid and in full consideration of
ONE AND 00/100 ($1.00) DOLLAR
grants to Valerie Sullivan, of Cranberry Lane, South Yarmouth, Barnstable County,
Massachusetts
With Quitclaim Covenants the following desen'bed premises:
The laud situated in Yarmouth (South), Barnstable County, MA. described as follows:
Being LOT 44, on plan of land entitled: "Section B Driftwood on Bass River, Yarmouth,
Mass., as surveyed for Herbert J. Kaiser, Scale 1 inch 80 feet, May 1954, Whitney &
Bassett Architects & Engineers, Hyannis, Mass." which plan is duly reebrded in
Barnstable County Registry of Deeds in Plan Book 120 Page 119.
The above descriW premises are conveyed subject to and with rights of way in common
With others entitled thereto over the streets and ways as shown on said plan.
This property was not a homestead residence and the undersigned state under the pains
and penalties of perjury that they release any and all right of homestead in the above
described premises, if any there be, and represent further that there is no other person
entitled to claim rights of homestead therein.
For title, please see deed elated March 11, 2011 and recorded with the Barnstable
County Registry of Deeds in Book 25322 Page 48.
Bk 29908 Pg226 #44937
N 0 T
N 0 T
A N
A N
O F
F I C I
A
L
O
F
F I C I
A L
C O P Y
C O P Y
IN 'WITNESS HEREOF, the said KevijN 16. §ullivan has executed this
instrument under seall Mhis .7- 4 �'" day of June, 2016A N
O F F I C I A L O F F I C I A L
C O P Y C O Y
X4.c --�
Kevin M. Sullivan
COMMONWEALTH OF MASSACHUSETTS
, ss:
On the date shown above, before me, the undersigned notary public personally
appeared the above named Kevin M. Sullivan, proved to me through satisfactory
evidence of identification which was a M Driver(s) License ( ) or
to be the person whose name is signed on the preceding or attached
document and acknowledged to me that the same was signed voluntarily for its stated
purpose, and who swore or affirmed to me that the contents. of the document are truthful
and accurate to the best of his or her knowledge and belief in the capacity shown, if any,
if checked, was executed by the above individual in his or her above state capacity as a
duly authorized representative of the above referenced entity(ies) and in behalf of said
entity(ics), and that the same was signed as the free act and deed of the entity(ies).above
referenced.
CHRISTEN E. MUFIRAY
q Notary Public
COMMON WEALTHOFMASSACHL'SETTS
My Commission Expires NotaryPftlc: C 4'_
March 27, 202o My Co ion Exp rv1 ouch- 27, 2 020
LOCUS: 93 Cranberry Lane, South Xan><nouth, VIA
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register
No
0.4 r,�M �°
'�..JJA CHI
Bk 25322 Po 48 � 13947
03-16 --201 1 & 1i 1 : 46p
N O T QUITCLAIM DEE[Di o T
A N A N
WE, TROY WALLS and K 11HERINE WAtt_S, liusbabdDarid wife as tenants by
the entirety, of 87 Cranberry Litne, South YarmouthQMA 02664
For consideration paid W $epmount of Twenty Thougand vnd 00/100 ($20,000.00)
dollars, A N A N
O F F I C I A L O F F I C I A L
Grant to KEVIN M. SULLIVAN, of 221 L Street, Apt #2, South Boston, MA 02127
With QUITCLAIM COVENANTS,
The land situated in Yarmouth (South), Barnstable County, MA described as follows:
Being LOT 44, on plan of land entitled: "Section B Driftwood on Bass River, Yarmouth,
Mass., as surveyed for Herbert J. Kaiser, Scale 1 inch = 80 feet, May 1954, Whitney &
Bassett Architects & Engineers, Hyannis, Mass." which plan is duly recorded in
Barnstable County Registry of Deeds in Plan Book 120 Page 119.
The above described premises are conveyed subject to and with rights of way in
common with others entitled thereto over the streets and ways as shown on said plan.
Property Address: 93 Cranberry Lane, South Yarmouth, MA 02664
For Title see deed recorded with the Bamstable County Registry of Deeds in
Book 19117 Page 262.
Witness our hands and seals this /6 day of March, 2011
COMMONWEALTH OF MASSACHUSETTS
Bamstable, ss.
On this !b 14 day of March, 2011, before me, the undersigned Notary Public,
personally appeared Troy Walls and Katherine Walls, proved to me through satisfactory
evidence of identification being (check whichever applies):
--
Driver's license r other state or federal governmental document bearing a
is image; or
IN
Bk 25322 Pg 49 #13947
Oath or affirm atibn®fA credible witness knowN t®rffe who knows the above
signatory; or A N A N
O F F I C I A L O F F I C I A L
My own persoral (knewtedge of the identity oCthi? MgMatory to be the person
whose name is listed above;
N 0 T N O T
and acknowledges to mq�,tl)pt they signed the foregoing instrument voluntarily of their
own free act ancbdgetj I C I- A L 0 f I C A L
C O P Y O
Notary Public
My Commission Expires: Qq- 0 Zei �O
�J CARRLE , MM OOR i
No:sry Public
}aF1 'C"MOMYEALT4OFMASSACHUSETTS
T l{ MY CCmmlW0r1 Expires
�� April 1, 2�018
MASSACHUSETTS STATE EXCISE TAX
BARNSTABLE COUNTY REGISTRY OF DEEDS
Date: 03-16-2011 0 01:46pm
Ctlr: 895 DocO: 13947
Fee: $68.40 Cons: $20,000.00
BARNSTABLE COUNTY EXCISE TAX
BARNSTABLE COUNTY REGISTRY OF DEEDS
Date: 03-16-2011 a 01:46pm
CtItt 895 Doc': 13947
Fee: $54.00 Cons: $20r000.011
BARNSTABLE REGISTRY OF DEEDS
Bk 19117 Ps262 *78944
10-08-2004 &i 11:0 = 34cz
N O T QUITCLAIM DEED O T
A N A N
I, RONALD Cn S FTJ4Ra , q?f k7 cranberry 1-6ngt *qh YarrnWt1h Barnstable County,
Massachusetts 0266t O p y C O P Y
For consideration of qN6 I"DRED FIFTY THOU�ALD ($150,000.00) DOLLARS
Grant to TRO� W A Fed.�{�T IERINE W SFp�7Tr�er y Lane, South
Yarmouth, Barnstab e o$q, assachusetts 0 4�ivabfid rta wife, as tenants by the
entirety,
WITH QUITCLAIM COVENANTS
The land in Yarmouth (South) Barnstable County, Massachusetts, bounded and described
as follows:
NORTHERLY: by Lot 43, as shown on hereinafter mentioned plan of land
two hundred sixty-seven and 24/100 (267.24) feet;
EASTERLY: by Cranberry Lane, as shown on said plan, one hundred nine
(109,00) feet;
SOUTHERLY: by Lot 45, as shown on said plan, two hundred sixty-seven
and 96/100 (267.96) feet; and
WESTERLY: by land now or formerly of Stephen A. and Mary L. Canty,
one hundred nine and 0I/100 (109.01) feet.
Being shown as LOT 44 on plan of land entitled "Section B Driftwood on Bass River,
Yarmouth, Mass., as surveyed for Herbert J. Kaiser, Scale I inch = 80 feet, May 1954,
Whitney & Bassett Architects & Engineers, Hyannis, Mass." which plan is duly recorded
in Barnstable County Registry of Deeds in Plan Book 120, Page 119.
Together with right of way in common with others entitled thereto over the streets and
ways as shown on said plan.
Property Address: 93 Cranberry Lane, South Yarmouth, MA 02664
For title see Book 9394, Page 14.
hASSACHUSETTS STATE EXCISE TAX
BARNSTABLE CDUNTY REGISTRY OF DEEDS
Date: 10-08-2004 a 10:34am
CtIA: 596 Doc:: 79944
Fee: $513.00 Cons: $150T00i1.00
BARNSTABLE COUNTY EXCISE TAX
BARNSTABLE COUNTY REGISTRY OF DEEDS
9ata: 10-08-2004 O 10:34am
Ctl�: 596 Doc:: 78944
Fee: $342.00 Cons: $150F000.011
wj�
Sk 19117 Pg 263 #78944
WITNESS MY hand afteal this _6 day of J'2004
A N A N
O F F I C I A L F I
C O P Y
onald G. Stewart
N O T N 0 T
O F FC(�WYNAWEALTH OF(v44S§A�I�1SlEVT
C O P Y C O P
Barnstable, ss. /0 , 2004
On this /0 day of 2004, before Te, the undersigned
notary public, personally appeared &NALD G. ST.ZW , }; pr veq to me through
satisfactory evidence of identification, which was to be
the person whose name is signed on the preceding or attached document, and
acknowledged to me that he signed it voluntarily for its stated purpose.
Notary Public
My commission expires: //- Z!o -/0 �N\01.% •1••. ~
4'
LAI
.` o1101
f
• ��O�roKwE.`� vs
BARNSTABLE REGISTRY Of DEEDS
BP:09994-0014 94-10-04 3 Q4 458974
WE, RONALD G. AL9iART AND PATRICIA L N SR'&ART, as husband and
wife and as TenAt3fi by the Entirety ofAT7 Cranberry Lane, South
Yarmouth, (Sa3,r0tPbdel QQMPty, Ma"aLckUspt(tsL Airy, consideration of a
division of m0 ait:1 -pssets incident Ott a� c vorce in the
Barnstable Probba e & Family Court, Barns Ale, Massachusetts,
Docket No. 93D-0235-D1
N O T N O T
grant to RONALDAG.N STEWART of 97 CraniMxMy Lane, South Yarmouth,
Barnstableo Cjougnty,C MpgaLchusett� ` t 'C ` covenants the
land in Yarmou$ q)at ), Barnstab C o un ssachusetts,
bounded and de i e''dd as follows:
PARCEL ONE
NORTHEASTERLY: by Lot 42 as shown on hereinafter -mentioned plan
land two hundred seventy-two and 39/100 (272.39)
feet;
� SOUTHEASTERLY: by Cranberry Lane as shown on said plan one
p hundred nine (109) feet;
SOUTHWESTERLY: by Lot 44 as shown on said plan two hundred sixty-
seven and 24/100 (267.24) feet; and
NORTHWESTERLY: by land of Stephen A. and Mary L. Canty as shown
on said plan ninety-five and 49/100 (95.49) feet.
Containing 27,760 square feet more or less and being shown
as LOT 43 on plan of land entitled "Section B Driftwood on Bass
River, Yarmouth, Massachusetts, as surveyed for Herbert J.
Kaiser, scale l" = 80', May 1954, Whitney & Bassett, Architects &
Engineers, Hyannis, Massachusetts." said plan recorded in
%1 Barnstable Registry of Deeds, Plan Book 120, Page 119.
TOGETHER with right of way in common with others entitled
thereto over the streets and ways as shown on said plan.
For title reference, see Book 1407, Page 322.
PARCEL TWO
NORTHERLY: by LOT 43, as shown on hereinafter mentioned plan
of land two hundred sixty-seven and 24/100
(267.24) feet;
EASTERLY: by Cranberry Lane, as shown on said plan, one
hundred nine (109) feet;
9P:09394-0015 94-10-04 3t14 #59974
SOUTHERLY: lbp Mt 45, as shown oiN ifati plan, two hundred
%i4y-seven and 96/100 AW7.9A6)L feet; and
WESTERLY: 0 F F b,Iy ; d riow or forerl I Cf IStephen A. and Mary L.
C A I one hundred nfn� end 01/100 (109.01) feet.
Being shoes cAsr LOT 44 on plan ofiq ]prld entitled "Section B
Driftwood on BaW iver, Yarmouth, Mays as surveyed for Herbert
J. Architect Ifi annis�tI ayl" lanefs&dulssett
Y , Y
recorded in B�rj9atP&kAe county RegisCrp dt �beeds in Plan Book 120,
Page 119.
TOGETHER with a right of way in common with others entitled
thereto over the streets and ways as shown on said plan.
For title, see deed recorded in Book 1461, Page 321.
PARCEL THREE
Lot No. 45 (forty-five) as shown on a plan of land entitled:
"Section B - Driftwood on Bags River Yarmouth, Mass. as surveyed
for Herbert J. Kaiser, Scale 1 inch a 80 feet, May, 1954, Whitney
& Bassett Architects & Engineers, Hyannis, Mass. Note: This
plan supercedes plan book 110 page 59". Said plan duly recorded
with Barnstable County Registry of Deeds in Plan Book 120, Page
119.
Together with a right of way in common with all others over
the streets and ways as shown on aforementioned plans of land for
purposes for which streets and ways are commonly used.
The above described premises are conveyed subject to the
following restrictions: The premises shall be used for
residential purposes only.
For title, see deed recorded in Book 3246, Page 267.
WITNESS our hands and seals this 30th day of September,
1994.
onald G. Stewart
Patricia L. Stewart
BP :09394-0016 94-10-04 r 4 050'374
N O COMMONWEALTH OF MASSACHUSETTS
A N A N
Barnstable E�E%. I C I A L O F �e*T"rA :L01 1994
Then persorP A3� appeared the a16,% pnaymed Ronald G. Stewart
and acknowledged the foregoing instrument to be his free act and
deed, before miN O T N O T
A N A N
O F F I C I A L O F F I
C 0 P Y _
�rr�dN� 3
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
Barnstable, as. September 30, 1994
Then personally appeared the above named Patricia L. Stewart
and acknowledged the foregoing instrument to be her free act and
deed, before me.
Nota ub c
My Commission Expires:�J�/S5�
BARNSTABLE REGISTRY OF DEEDS
MAa•ACNU"T" QUITCLAIM O[aO •NOIIr FORM tINCIVIDUAL1 sat
N 0 T Npp0 T n1069
WE, C1A11F.NCE A l! E , 11 a d 11IS A. BU &" u'b Na n
wlVe as Lenan`6�13 gi, es i tr bbth �r !g� p Yv� I'
If Crnnbarry Larlo, Y,t o S Lh3, 13.arnstable CCoL ty,"t�stls3achwettt,
bein aumnorried, for � JM � I d p' n 00' I OIIALD �;, S1'EWAR7' and A I A L.
31TWANI', huabnnd and ArNn9 tenants by the entiret ,A N
9
7 O F F I C I A L O F V I C I A L
of„Crrinbtrry Lnne, Soul Qnr�tiouh, MnasnchusHtts withCgtg)u rYaatultuts I
thellndLs YfirmouLh (Hasa Htvt:r), Barnstable County, Massachusetts,
aounUQA and described Aaun,s'nll�wss i
paon encumbrances, If rcrj I
Noi('PVEiLY by Lot 43, as shown on hereinafter mentioned plan of i
land two hundred sixL,y-seven and 24/100 (267.24)
Feet-,
EASTERLY by CrRnbarr.y Lano, as shown on said plan, One hundred
nine (109) faetl
SOUTHERLY by by Lot 4j, ns shown on slid plan, two hundred sixty-seven
and 91)/100 (267.96) 1'aet; and
WES'1'I:RLY by land now or formerly of Stephen A and Mary L. Canty,
one hunlred nine and 01/l00 (109.01) feet,
Beln✓, ahown ,is LO'r 44 on plan of land entitled
"SBCLinn d Dril' wood on Bass River, YRYMOuch, Mass, as surveyed
for herbert J. Kaiser, Sa11a linch _ ::0 1'eet, May 1954, Whitney
& fs'ts.set. Architects S Engineers, Hyannis, Mass," whleh plan is
duly recorded In Bnrnstable County .fe•1BLry of Deeds In Plan
Book 120, Page 119.
1'0`,ETIIE1l with a rl:rht nl' wny in common with others
anctLlad Lheru:.00vor tht, strc;ts and whys as shown on said plan.
For our title, se) Iced of Dill'twood FroperLies, Inc,
dnL.;d September 4, to, and duly recorded In Bfirnst.tble County
He,,Istry of Deeds in Book 1439, Pare 341 on June 6, 1969.
n i
`^ ,W'fw x VAIA1
8simim
f4 mck x:RR RAdr89 Rita iis* AK Imeiarid Aipnotalta$ #Rodcoritossit�cexxoheeelrx
10itttreu..A1l.r.... hand s and Ienls this ......../ ........... day of..Jn)iurY..,....../...��,t...19...7� '
l
.......................................................................
KM tyiry.
�08... .. ....................
1D4r 430mmmlutettll4 u[ loallrwr4uartts
s.v{Nii'srsLE Is Janugr
Y �.2J 19.7
0
Then personally appeared the above named C1xRFNCE M. ilUlt;E53, JR �inA DORIS A.
�A�,1•;a�5
and acknowledged the foregoing instrument to be l r free act d , before
.... ,..... .... OWYt�
3or,1461 PACT 321 M/ NnunEuioo ecptm s;A
i
(•Indlvidaal—Joint Tenants —Tenants in Common —Tenants by a Entirety.) '� ♦•.�� �
$ti�''•r4ti1M^(
OLUn»t 183 3M 6 As A3fm= DY CHArqu 381 or 1967 ' * NC T �A
Nery deed ptaet"ed tot romp! shall OXWa of hsve endorsed opm It the fen cramp, raldeaae mid post O#Ice addrm of the iradtos. Palluro to comply 'Ids eh6 maim "not �Qaa the validity of any deed, No rea4oer of dads stall maps a deed for tecordleS odty ht h �I
is mmplisna with the l quilerwto of th4 now.
P190 JAN 2 v 197C AN ill )
N.— L ".rtt 1.
.nwxaa, u.
mj-139 eau
Np,ONT
O F F I C I A L
C O P Y
N 0 T
0 F C� y � A L
0 T
O F IO A L
N 0 T
0 F C� y Y A L
DRIFTWOOD PROPERTIES, INC., a corporation duly established
under the lawn of the Commonwealth of Massachusetts, and having
Its usual place of business at Yarmouth (South), Barnstable
County, Massachusetts, for consideration paid, grants to
CLARSNCE 14, BURGESS, ,T11. and DORIA A. BURGESS, husband and wife
an tenantu by tho entirety, both of Cranberry Lane, Yarmouth
(sou b%), Barnatablo County, Naouuohusetts,
with OUITCLAIM COVENANTS the land In Yarmouth (Bass River)
Onrngtable County, Massachusetts, bounded and described as
fo11 eY,a:
NORTHERLY by Lot 43, as shown on hereinafter -mentioned plan
of land two hundred sixty-snven and 214/I00 (267.24)
feat;
EASTERLY by Cranberry Lane, as shown on said plan, one hundred
nine (109) feet;
SOUTHERLY by Lot IlT, os shown on said plan, two hundred sixty.
seven and 96/100 (267.96) feeti and
WESTERLY by land now or formerly of Stephen A. A Mary L. Canty,
one hundred nine and 01/100 (109,01) feet.
Doing shown as LOT I414 on plan of land entitled "Sectlot
B Driftwoodi on Bass River,' aMuth, Mesa. as survoyed for
Herbert J. Kaiser, Scale I inch n 80 feet, May 1954, Whitney b
Anasett Architects A Engineers, Hyannis, Mass." which plan is dui)
recorded In Barnstable County Registry of Deeds in Plan Book 120,
page, 119.
TOGETHER with a right of way In common with others entitled
thereto over the streets and ways as Shown on said plan,
For corporate authority, sea Vote dated February 15, 1966,
recorded at Barnstable County Registry of Deeds,
For title, see deed from Herbert J. Kaiser to Driftwood
Properties, Inc., dated December 3, 056, recorded In Barnstable
County Registry of Deeds In Book 960, page 282.
IN WITNESS WHEREOF the sold DRIFTWOOD PROPERTIES, INC.,
has caused its corporate seal to be hereto affixed and these
presents to be signed, acknowledged and delivered In its name
and behalf by ROBER L. STUDLEY, its Treasurer, hereto duly
authorized, this o� day of L965.
DRIFTWOOD PROPERTIES, INC.
BY'. D_V,L'�d ' e_
Robert L. Stud y, asurei
THF, C%ftXvEALTII OF MgSSACHUSETT5
Barnstable, ss, 1968
Then personally appeared the above-nnmed ROBERT L. STUDLEY
Treasurer, and acknowledged the foregoing Instrument to be the
free act and deed of the DRIFTWOOD PROPERTIES, INC., before me,
?,t„ comml s s I on nxpi rest a�— / � rY u 1
II L�ll1 lielg� Of.t
I, HERBERT J. 6AINR,( )s1j9 married, of Ipswich, Yana acbffe+6s,,ifor
consideration paid lkszN to DRIFTWOOD PROPERTIES INCORPORIAEDN a W-asnchusetts
corporation &vi6g +l11 uZal��:J Ae Ef business inan&u�h (Dot�) I A L
3crnstable Coun�[[bmvo
, bawell atth of lisasachuaetta, C 0 P Y
with QUI7CIAI11, COVENANTS the Lana in Yarmouth., Barnstable County, Common-
i
wealth of Maaaachuse t �ounded and deaeribed as follows: C T
A A N
Latslio�,2,/twq),C3 Lt Ae)L4 (four), 60( T P I(eC I A L
7 (seven), it"
1leidit)Y1L 9 (nice), 10 (ten), 11 elrnl� Y
1'l (twelve), as shown on a plan of lena entitled: 'SECTION IC,
i
Driftwood on Bass River Yarmouth Uses. for Herbert J. dais er
Scale 1" - 6o, June, 19bb Gerald A. Mercer k Co. Engineers «
Sm vayore, seat Yarmouth, Mass, Recorded July 10, 1966 with
Barn4table County Registry of Deeds in plan Book 122 Pugs 69.
Also Lots No. 27 (twenty -coven), and 33-A (thirty-three A)
as shown on SECTION "B" plan of land hereinafter mentioned
said lots being located in tact section shown as Section "A°
on the SECTION "B" plan.
Also Wta No. 4 (four), 8 (eight), 9 (nine), 10 (ten),
11 (eleven), 12 (twelve), 13 (thirteen), 14 (fourteen),
to (fifteen), 16 (sixteen), 17 (seventeen), 18 (eighteen),
19 (nineteen), 20 (twenty), 23 (twenty-three), ?,4 (twenty-
four), 26 (twenty-five), 28 (twenty -mix), [7 (twenty-aeveu),
28 (twenty-eight), 29 (twenty-nine), 30 (thirty„ 51 (thirty-
one), 3'L (thirty-two), 33 (thirty-three), 34 (thirty-four), 56
thirty-five), 36 (thirty-aix), 37 (thirty-seven), 38 (thirty-
eight), 39 (thirty-nine), 40 (forty), 41 (forty-one), 42
(forty-two), 43 (forty-three), 44 (forty-four), 45 (forty-
five), 46 -,forty-six), 47 (forty-eavea), 48 (forty-eight)
and 49 (forty-ni,ie) all as shown on a plcn of lnnd entitled:
"Section B - Driftwood on Base River Yarmouth, :aria. as
surveyed for Herbert J. Kaiser, Ocala 1 inch - 80 feet, flay,
19,54, Whitney & Bassett Arehitecte k Engineers, Hyanaia, -Ass.
"e enrcc or
O L. HAtn, J■ Note, This plan superoedes plan boost 110 page 59." Said plan
II
O"MCT.AT.LAN
TAAY"UTM. MAs8 duly recorded with Barnstable County Registry of Deeds in Plan n
Book 1c0 Page 119.
L1811.
�n
♦M[ o1." Or
p L. HAYU, 111.
)RMEY." IAW
.ARMOV-, ■As$
0
N O T N O T
Together with a right of way Ai qq= with all others ea appurtan �7
to each lot conveyed over the streets and .says as shown on aforemen onbd
plane of lung and t@tngirrg ej ajgurfeagAt 19 each lot re4ilEEagEin FheC I
grantor a right. of way in common with all others over the streets and
ways as shown on sforemenQuQ IFabWo£ lung for purposes for wec10 P Y
streets and ways are commonly used.
Tne above described premise��11arpp,�c�pveyed subject to the followi Trestrictions) The premisas'dM tea used for residential purposes ,Pl.
I, OLGA R. K&MR, wife of said grantor, release }o the Baia grante A N
O F F I C I A L O F F I C I
all rights of dower Lou h stAwA nd all other interests there n O P Y
For title reference see deed to me by Cape Cod Lents, Inc. drted
December G1, 1948 end r000rded with Berustmble County Registry of Deeds
in Book 911 -Page 401.
WITMa our hums and seals this third day of December 1958.
THE COlAd. MM<}i OF 1Eesa6cHWdBTTS
BARI=ABLE as. December-3 1956.
Thenpersonally appeared the above numed Herbert J. KeSser ana acknowledged
the foregoing instrument to be his free sat ana deed, before me
DM I \CVT:N,'! WNI tlA\7Ut1 . �'r.•�,�
., 1}4F.H+�S61KTiU�ETTS
m
Barnstable, ss., Received December 3, 1956, and is recorded.
e:l
283
87 Cranberry Lane, South Yarmouth MA
(Map 118, Parcel 40)
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BIB 12233 F101 20 340+=.�3
04-29--1 999 12 i_1:3 c `.S Ir
sos9.008 QUITCLAIM DEED
N 0 T N O T
A N A N
Ronald 1&. �teW&r1 oF91 Ckn6rTy Lane, && )"u;,, �IAshhusetts
C O P Y C O P Y
for FIFTY FIVE THOUSAND AND 001100 (S55,000.00) DOLLARS
N O T N 0 T
grant to Troy Walk apd Katherine Walls, husband aW %ofe, as tenants by the entiretLes, of
78 Statio�A ere,ISt`pthzY mpiih, Massa*sptt.V I C I A L
with QUITCLAIcM COVEyNANTS C O P Y
The land in Yarmouth, Barnstable County, Massachusetts, bounded and described as
follows:
LOT No. 45 (forty-five) as shown an a plan of laird entitled: "Section B - Driftwood on Bass
River Yarmouth, Massachusetts as surveyod for Herbert I. Kaiser, Scale I inch - 80 feet,
May, 1954, Whitney & Bassett Architects & Enginaers, Hyannis, Mass. Note: "llis plan
supercedes plan book 110 page 59". Said plan duly recorded with Barnstable County
Registry of Deeds in Plan Book 120, Page 119.
Subject to and with the benefit of all rights, reservations, casements and restrictions of record
insofar as the same are in force and applicable
For title see Deed recorded in Book 3246, Page 267.
Executed as a sealed instrument this 29th day of April, 1999.
#�
IM
rµrr rr
Ronald G. Stewart
►`
c,
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss April 29, 1999
Before me personally appeared Ronald G. Stewart, and acknowledged the foregoing instrument to
be his free act and deed, before me,
r�
Brian F. Garner
Notary Public
My Commission Expires: 2/8102
-i
X �8
G
µ
P /1
WNSTABLEREGISTRY OFDEC' DS
�f
Wt09394-0014 94-10-04 3:14 458974
WE, RONALD G. AE��ART AND PATRICIA L N 81*9TART, as husband and
wife and as TenA% by the Entirety of%97 Cranberry Lane, South
Yarmouth, (Sai'rmtDWeI Q44pty► Mapqa5rtneptd�s7i Air, Consideration of a
division of mor�aFl Assets incident Ott d vorce in the
Barnstable Proba e & Family Court, Barns a le, Massachusetts,
Docket No. 93D-0235-D1
N O T N 0 T
grant to RONALDIG.N STEWART of 97 Cran)Mi'y Lane, South Yarmouth,
Harnstablqo C ptint�►,C MpnaLchusett� t s , ],� covenants the
land in Yarmot�$g1at ) , Barnstab C gpn , ssachusetts,
bounded and = i eeitii as follows:
nnvrrrr. nmr
st NORTHEASTERLY: by Lot 42 as shown on hereinafter -mentioned plan
land two hundred seventy-two and 39/100 (272.39)
feet;
3 SOUTHEASTERLY: by Cranberry Lane as shown on said plan one
p hundred nine (109) feet;
SOUTHWESTERLY: by Lot 44 as shown on said plan two hundred sixty-
seven and 24/100 (267.24) feet; and
NORTHWESTERLY: by land of Stephen A. and Mary L. Canty as shown
on said plan ninety-five and 49/100 (95.49) feet.
Containing 27,760 square feet more or less and being shown
as LOT 43 on plan of land entitled "Section B Driftwood on Bass
River, Yarmouth, Massachusetts, as surveyed for Herbert J.
Kaiser, scale 1" - 801, May 1954, Whitney & Bassett, Architects &
Engineers, Hyannis, Massachusetts." said plan recorded in
Barnstable Registry of Deeds, Plan Book 120, Page 119.
TOGETHER with right of way in common with others entitled
thereto over the streets and ways as shown on said plan.
V For title reference, see Book 1407, Page 322.
PARCEL TWO
NORTHERLY: by LOT 43, as shown on hereinafter mentioned plan
of land two hundred sixty-seven and 24/100
(267.24) feet;
EASTERLY: by Cranberry Lane, as shown on said plan, one
hundred nine (109) feet;
N
BP:09394-0015 94-10-04 9:14 #158974
SOUTHERLY: rb)p Plbt 45, as shown OiN 9[a:W plan, two hundred
gi*J:y-speven and 96/100 A(�7.96) feet; and
WESTERLY: C F C b d ewhundr d nf4 or forme ��01%100 (109n01)afeet.
Being shove (Asl LOT 44 on plan o$q 11jarld entitled "Section B
Driftwood on Ba"GI-4,
er, Yarmouth, MMa� as surveyed for Herbert
J. Architects 'H 'Hyannis, ad ; laneis&dulssett
Y r Y
recorded in BCrr�MMAe County Regisfrp cft YDeeds in Plan Book 120,
Page 119.
TOGETHER with a right of way in common with others entitled
thereto over the streets and ways as shown on said plan.
For title, see deed recorded in Book 1461, Page 321.
PARCEL THREE
Lot No. 45 (forty-five) as shown on a plan of land entitled:
"Section B - Driftwood on Bass River Yarmouth, Mass. as surveyed
for Herbert J. Kaiser, Scale 1 inch - 80 feet, May, 1954, Whitney
& Bassett Architects & Engineers, Hyannis, Mass. Note: This
plan supercedes plan book 110 page 59". Said plan duly recorded
with Barnstable County Registry of Deeds in Plan Book 120, Page
119.
Together with a right of way in common with all others over
the streets and ways as shown on aforementioned plans of land for
purposes for which streets and ways are commonly used.
The above described premises are conveyed subject to the
following restrictions: The premises shall be used for
residential purposes only.
For title, see deed recorded in Book 3246, Page 267.
WITNESS our hands and seals this 30th day of September,
1994.
Ronald G. Stewart
Patricia L. Stewart
BF:09394-0016 94-10-04 3:14 #59974
N 0 CIOMMONWEALTH OF MAStJVCfflJSETTS
A N A aN
Barnstable, job . I C I A L O F ��L""1'mt�
rA 10, 1994
Then persfioAltyy appeared the a&r.% Pnalmed Ronald G. Stewart
and acknowledged the foregoing instrument to be his free act and
deed, before m4N 0 T N 0 T
A N A N
O F F I C I A L 0 F F I
C 0 P y _
�arr,F�,rJ �'t1rE�
My Commission Expires:
COMMONWEALTH OF MASSACHUSE"TS
Barnstable, sa. September 30, 1994
Then personally appeared the above named Patricia L. Stewart
and acknowledged the foregoing instrument to be her free act and
deed, before me.
Nota ub c .-
My Commission Expires:,s
BARNSTABLE REGISTRY OF DEEDS
N 0 T
A N
O F
F I C I
A L
C 0 P y
N 0 T
ABOMOMpAGE Z7
O F F I C I A L
C 0 P Y
QUITCLAIM DEED
N 0
T
A N
O F
F I C
I
A L
C 0 P
Y
N 0 T 05144
A N
O F F I C I A L
C 0 P Y
HOMESTEAD ACRES, INC., a Massachusetts corporation with its
usual place of business at 206 Forest Road, Yarmouth, Barn-
stable County, Massachusetts
for consideration of Nine thousand five hundred ($9,500.00)
Dollars
grant to RONALD G. STEWART and PATRICIA L. STEWART, husband
and wife, of 97 Cranberry Lane, Yarmouth (South), Massachusetts,
as Joint Tenants
with QUITCLAIM COVENANTS, the land in Yarmouth, Barnstable
County, Massachusetts, bounded and described as follows:
Lot No. 45 (forty-five) as shown on a plan of land
entitled: "Section B - Driftwood on Bass River Yarmouth,
Mass. as surveyed for Herbert J. Kaiser, Scale 1 inch
80 feet, May, 1954, Whitney & Bassett Architects & Engineers,
Hyannis, Mass. Note: This plan supercedes plan book 110
Page 59". Said plan duly recorded with Barnstable County
Registry of Deeds in Plan Book 120, Page 119.
Together with a right of way in common with all others as
appurtenant to each lot conveyed over the streets and ways as
shown on aforementioned plans of land and retaining as appur-
tenant to each lot remaining in the grantor a right of way
in common with all others over the streets and ways as shown
on aforementioned plans of land for purposes for which streets
and ways are commonly used.
The above described premises are conveyed subject to the fol-
lowing restrictions: The premises shall be used for residential
purposes only.
For title, see deed recorded in Book 960, Page 282 at the Barn-
stable County Registry of Deeds. See also Corporation Merger
of Driftwood Properties, Inc. to Homestead Acres, Inc. dated
March 20, 1979, and recorded with the Barnstable County Registry
of Deeds in Book 2887, Page 272.
WITNESS our hands and seals this 2.lmv day of 3gN /A/i ( 198
HOMESTEAD ACRES, INC.
By: —U�-1 ' �.
Robert L. Studley,T asurer
o COrVIMO OF MASSACHUSETTS
t
i
f^� N 0 T
} A N
O F F I C I A L
• C 0 P Y
N0 T
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O F F I 'W46P*F 2%
C 0 P Y
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C 0 P Y
COMMONWEALTH OF MASSACHUSETTS
Barnstable, es. �w�'^e'�'U 198/
Then personally appeared the above ✓ named Robert L. Studley,
Treasurer and acknowledged the foregoing instrument to be the
free act and deed of Homestead Acres, Inc.
Before me,
Notary Public
My commission expires: f,/_ /4/
9 g'Q
282
rho .—C. e.
D L "Ayes, JR.
".e 6Y.AI •LAW
YARY."7", RAil.
I, H£RBERT J. SALNR,0 e?yg married, of Ipswich, MaaaacIjfeI6o_jIcr
consideration paid IkarN to DRIFTKDOD PROPERTIES INCURPO&AEDN'L Mcsacchusetts,
corporation &Lvirr& cl u_CallpjrAe bP buaiuess iaaoiFauP Tougl) I A L
Barnstable Coua jf, Q.J� Jth of Yassachuaetta, C 0 P Y
with QUITCIAIU.COVENAnS the Lana in Yarmouth, Barnsteble County, Cotmon-
nealtu of Massachusetts bounded and deacribed as followal 0 T
A !� A N
Lots lion z twg), C3 Ctnr�e )L 4 (fora), 50 rT )P � C) I A L
7 (Geeven), C8 (-eigpZtl.. 9 (nine), 10 (ten), 11 f,slgn� Y
12 (twelve), as shown on a plan of lance satitledl*SECCTIDN 101
Driftwood on Bass River Yarmouth Yeas, for derbert J. kaiser
Scale 1" - 60, June, 19bb Gerald A. Mercer & Co. Engineers -
Surveyors, west Yarmouth, Yana, Recorded July ID, 1955 with
Barnstable County Registry of Deeds in Plan Book 12z Pogo 69.
Also Lots No. 27 (twenty-seven), and 33-A (thirty-three A)
I
as snows on SECTION "B" plan of land nereinafter mentioned
said lots being located in tmt section shown as Section "A"
on the SECTION "B" plan.
Alao Lots No. 4 (four), 8 (eight), 9 (nine), 10 (ten),
11 (eleven), Lz (twelve), 13 (tnirteen), 14 (fourteen),
lb (fifteen), 16 (aixteen), 17 (seventeen), 18 (eighteen),
19 (nineteen), 20 (twenty), 23 (twenty-three), 44 (twenty-
four), 26 (twenty-five), 28 (twenty-six), 0 (twenty-seveu),
28 (twenty-eignt), 29 (twenty-nine), So (thirty), 31 (thirty-
one), 32 (tnirty-two), 33 (thirty-three), 34 (thirty-four), 55
thirty-five), 36 (thirty-six), 37 (thirty-aevea), 38 (thirty-
eight), 39 (thirty-nine), 4D (forty), 41 (forty-one), 4z
(forty-two), 43 (forty-three), 44 (forty-four), 4b (forty-
five), 46 (forty-six), 47 (forty-seven), 48 (forty-eight)
and 49 (forty -nice) all as anown on a plea of lane entitled,
"Section B - Driftwood on Base River Yarmouth, uaaa. as
surveyed for Herbert J. kaiser, Ocala 1 inou - 80 feet, May,
1954, Whitney & Basaett Architects & Engineers, dyanais, WAss.
Notes Thia plan aupercedes plan book 110 page 59." Said plan
auly recorded with Barnstable County Registry of Deeds in Plan
Bock IG0 pugs 119.
N 0 T N 0 T
Togetrier with a right of way % Limon wits all others as appnrtenaqq� N�]
to each lot conveyed over the streets and ways es shown on aforemengonbd
plans of Lana and r@taFiag aJ aggu 4ea¢rLjt Ig each lot re0iiFngEla T-heC I
grantor a right, of way in common with all other* over the streets and
ways as shown on •foremeuQnQ ]�?atY of lava for purposes for VactO p Y
streets and ways are commonly used.
The above described premise��iiarp� coan�rveyed subject to the followiUng�t�
restrictions The premieea"dha21 t1b used for residential purposasAbnf�. T I
1, OL" R, KAISbR, wife of scud grantor, release �o the Baia granteeA N LL
O F F I C I A L O F F I C I A
all rights of dower ana h m s Pa Y all other interests therein. O p Y
For title reference see deed to me by Cape Cod Lases, Inc, dated
December 'L1, 1948 and recorded with Barnstable County &egiatry of Deeds
in Book 711 Iage 401.
WIT9ESS our iiL:aas Lind seals this tn+rd day of December 1968.
BRA.
THE Coll XJWLalUli OF uAziSACRUsETTS
BAMTABLE as. December. 3 19t8.
Theapersonally appeared the above named derbert J. Kaiser ana acknowledged
the foregoing instrument to be his tree act aaa deed, before me
g ng
j]N7I 1'Mll'Lilll"1 � ,
/MOl l Mr:a f :Itl
`�;;"4
j,%)kLAtT4 UF.USETTS
e L NA\if. JR.
7RMr1-AI-LAW
,ARMOVSR, MASS.
Barnstable, ss., Received December ), 1956, and is recorded.
s
e:l
283
97 Cranberry Lane, South Yarmouth MA
(Map 118, Parcel 42)
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Bk 24416 Ps210 �12196
03-12---2010 a 01 -28v
N O T N 0 T
A N A N
O F F I C I A L O F F I C MAS94CRUSETTS STATE EXCISE TAX
C O P Y C O PRNSTABLE COUNTY REGISTRY OF DEEDS
B�
Nte: 03-12-2010 0 01:28pm
Ct1:: 931 Doct: 12196
N O T N O fPet 9988.3E Cons: $289000.00
A N A N
O F F I C I A L 0 F F I C JRAT�SLE COUNTY EXCISE TAX
C O P Y C 0 P BtRNSTABLE COUNTY REGISTRY OF DEEDS
Date: 03-12-2010 a 01:28pm
Ctu: 931 Doi:': 12196
QUITCLAIM DEED Fee. $780.30 Cons: $289000.00
DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS
BANKER'S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2006-HE2,
c/o Saxon Mortgage Services, Inc., with a mailing address of 4708 Mercantile Drive North, Fort
Worth, TX, 76137, for consideration of TWO HUNDRED EIGHTY NINE THOUSAND and
00/100 ($289,000.00) Dollars paid, hereby grant to GARY P. SULLIVAN and VALERIE A.
SULLIVAN, husband and wife as tenants by the entirety, of 170 Old Washington Street, Hanover,
MA 02339
WITH QUITCLAIM COVENANTS,
The land in Yarmouth (SOUTH) Barnstable County, Massachusetts, together with buildings
thereon, bounded and described as follows:
NORTHEASTERLY: By Lot 42 as shown on hereinafter -mentioned plan of land two hundred
seventy-two and 39/100 (272.39) feet;
SOUTHEASTERLY: By Cranberry Lane as shown on said plan one hundred nine (109.00) feet;
and
SOUTHWESTERLY: By Lot 44 as shown on said plan two hundred sixty-seven and 24/100
(267.24) feet:
NORTHWESTERLY: By land of Stephen A. and Mary L. Canty as shown on said plan ninety-five
and 49/100 (95.49) feet.
Containing 27,760 square feet more or less and being shown as Lot 43 on Plan of Land entitled
"SECTION B. DRIFTWOOD ON BASS RIVER, YARMOUTH, MASSACHUSETTS, AS
SURVEYED FOR HERBERT J. KAISER, SCALE 1" =80', MAY 1954, WHITNEY &
BASSETT, ARCHITECTS & ENGINEERS, HYANNIS, MASSACHUSETTS," said Plan
recorded in Barnstable Registry of Deeds, Plan Book 120, Page 119.
Together with right of way in common with others entitled thereto over the streets and ways as
shown on said plan.
N
Bk 24416 Pg 211 #12196
This is not a sale of all or subjar#ly all of the grantor's assetAONT
O FKoleeds,
C A, O F F I C I A L
For the grantors' title, see'e(JApr&27, 2009 and recprc�d1gnAugust 25, 2009 with the
Barnstable County RegistrBook 23986, Page 286.
See Saxon Mortgage ServiceNs, lgc.Tlncumbency Certificate reVAJwith Plymouth County
Registry of Deeds on March 1�, N09 in Book 36916, Page 22 RhAegistered with Barnstable
Registry District of tIQ LFark CloA oTn l5e(;tmber 14, AOY JD;vGnetntN(� 1130186.
C O P Y C O P Y
See Limited Power of Attorney appointing Saxon Mortgage Services, Inc. as Attorney -in Fact
recorded with Barnstable County Registry of Deeds in Book 22242, Page 175 and recorded with
Worcester County Registry of Deeds in Book 43647, Page 49.
See Resolution of Deutsch Bank Trust Company Americas recorded with Barnstable County
Registry District of the Land Court as Document No. //0
Property Address: 97 Cranberry Lane, Yarmouth, MA 02664
Witness my hand and seal this Z& day of 2010.
DEUTSCHE BANK TRUST COMPANY AMERICAS FORMERLY KNOWN AS BANKER'S
TRUST COMPANY, AS TRUSTEE AND CUSTODIAN FOR IXIS 2006-HE2,
By Saxon Mortgage S ices, Inc., its Attorney in Fact
4
By: AA/P
Title:
COMMONWEALTH OF MASSACHUSETTS
County of Q l
Onthis_Ll day of 1jd!M 2010, before me, the undersigned notary public, personally
appeared authorized signatory for Saxon Mortgage Services, Inc.
fWa Meritech Mortgage Services, Inc., as Attorney -in -Fact for Deutshe Bank Trust Company
Americas, formerly known as Banker's Trust Company, as Trustee and Custodian for IXIS 2006-
HE2, who proved to me through satisfactory evidence of identification, which
was yCf t 4C 4 A to be the person whose name is signed on
the preceding or attached document, and acknowledged to me tlfft,pe signed it voluntarily for its
ed put pOS �``�Ire,V%SE T� yt, /��i�
otary Public Q i
My Commission Expires: o
•.' '•''ass c�r?9e �G ��•
111100
BARNSTABLE REGISTRY OF DEEDS
Bk 23986 P:9280 —�49132
08-25-2009 of 09 "- 01 a
911
N
O T
N O T
f V
O F F
I C I
�g�p�y� gg gg�ggrr Eyy��
A L O F F I C T OURT�T GIST aPYDEEDS
o
C
O P Y
tkRflS�itSC
C O P Date: 08-25-2009 8 09Dso01ab49132
X
C{,
FeelCtitISi
Fees f1e499.67 Conss 64381263.98
N
O T
N O T
A N
A N
O F F
I C I
A L O F F I C BANSUBLE COUNTY EXCISE TAX
C
O P Y
C O P tARNSTABLE COUNTY REGISTRY OF DEEDS
ate: 08--25-2009 8 09:01am
t:tl.:
151 Doc:: 49132
Fee: $1►183.95 Cons: f438,263.98
After Recording Return To:
RUI'H RUHL, P.C.
[Company Name]
Attn: Recording Department
[Name of Natural Person]
2305 Ridge Road, Suite 106
[Street Address]
Rockwall, Texas 75087
[City, State, zip]
_
Loan No.: 2000193682
Investor No.' 2000193682
DEED IN LIEU
I/We, Troy A. Walls ("Grantor")
for consideration paid, grant to Deutsche Bank Trust Company Americas formerly known as Banker's Trust
Company, as Trustee and Custodian for 1XIS 2006-HE2 by: Saxon Mortgage Services, Inc. f/k/a Meritech Mortgage
Services, Inc, as its attorney -in -fact ("Grantee")
of 4708 Mercantile Drive North, Fort Worth, Texas 76137
with quitclaim covenants,
A parcel of land with the buildings thereon, in South Yarmouth, County of Barnstable Commonwealth
of Massachusetts and being bounded and described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART IIEREOP.
Meaning and intending to described the same premises as those conveyed by deed dated September IOtli, 2004
and recorded in Book 19028 , Page 219 , Instrument No. 72072
MASSACHUSETTS DEED 1N LIEU Page 1 03
Bk 23986 Pg 281 #49132
Loan No,: 2000193682 N O T N O T
Investor No.: 2000193682 A N A N
O F F I C I A L O F F I C I A L
This deed and eonvgyarpe jy nVde and given in lieu of forepjosgrepf ascertain mortgage given to us, the
said Grantor to Mortgage Electronic Registration Systems, Inc. as nominee for Wilmington Finance, Inc.
which is dated July 31 st, 2006N O T , recorded with Barnstable N O Agistry of Deeds at Book 21229
Page 284 , Instrument A. N 49390 and assigned Oil Deutsche Bank Trust Company
Americas formerly knquvt"agke6 TyusACgrppany, as Trugteran# Cgs%liap feg DgS 2006-HE2 by: Saxon
Mortgage Services, Inc. f/k/arlule8te It Mortgage Services, Inc. as itsCatt�nV41tfact
by Assignment recorded sim taneously erewith, and the Grantor herein states and acknowledges that they
voluntarily entered into this transaction with the express intention of vesting absolute title in the said Grantee.
This deed is an absolute conveyance of title in effect as well as form, and is not intended as a mortgage,
trust conveyance or security of any kind. It being the intention of the Grantor and the Grantee that the interest of the
Grantor and the Grantee, their successors and/or assigns in said property under said mortgage whether guaranteed,
insured or direct loan, shall not merge, and that said mortgage shall not merge, and that said mortgage shall remain
in full force and effect until specifically released.
The consideration for this deed is the full cancellation of debts, obligations, costs and charges heretofore
existing tinder and by virtue of the terms of a certain mortgage heretofore existing on and covering the above -
described premises, which said mortgage was given and executed by us, the said Grantor to the said Mortgage
Electronic Registration Systems, Inc. as nominee for Wilmington Finance, Inc.
dated July 31st, 2006 and recorded with said Deeds in Book 21229 , Page 284 ,
Instrument No. 48390 , and assigned to Deutsche Bank Trust Company Americas formerly
known as Banker's Trust Company, as Trustee and Custodian for IRIS 2006-HE2 by: Saxon Mortgage Services,
Inc. Okla Mentech Mortgage Services, Inc. as its attorney -in -fact
by Assignment recorded simultaneously herewith,
Consideration amount of $ 438,263.98 is being assumed by Deutsche Bank Trust Company Americas formerly
known as Bankers Trust Company, as Trustee and Custodian for 1XIS 2006-HE2 by: Saxon Mortgage Services, Inc.
fWa Meritech Mortgage Services, Inc. as its attorney -in -fact
In Witness Whereof and under seal Troy A. Walls
has executed this Agreement thereunto and as duly authorized this -Z:-1 day of L
Printedf Name: Tiod X Walls 1' / \ Printed Name:
Printed Name: Printed Name:
NWSACHUSETT3 DEED IN LIEU Page 2 of 3
Bk 23986 Pg 282 #49132
N 0 T N 0 T
A
O F F I C I-A�OWLE oGw C I A L
C O P Y C O P Y
State of Massachusetts §
County of Barnstable NA '' N A O N T
0 F F I C I A L O F F I C I A L
On this al day®f __ $ Y before me, the undersigned notary
public, personally appeared Troy A. Walls
provcd tome through satisfactory evidence of identification, which were :�aon'6AJ'4 lento W &I
to be the persons whose names are signed on the preceding or attached document, and ackhowledged to me that they
signed voluntarily for its stated purpose.
(Signature) MRRSdF1 R. S Thu r� Notary Public
all
My Commission Expires:
ILI MARSHA R. STOUT
Notary Public
Commonweolth of Massachusetts
My Commission Ex I es
WJanuary 21, 2pF
MASSACHUSETTS DEED IN LIEU Page 3 of 3
Bk 23986
Pg 283 #49132
Loan No.: 2000193682 N O T
Investor No.: 2000193682 A N
O F F I C I A L
C 0 P Y
N O T
A N
O F
F I C I
A L
C 0 P Y
N 0 T N O T
A N EXHIBIT "A" A N
O F F I C I A L O F F I C I A L
THE LAND IN YARMOUTd (",�L 3 I } BARNSTABLE COUNTYC, M6SPAgIUSETTS, TOGETHER WITH
BUILDINGS THEREON, BOUNDED AND DESCRIBED AS FOLLOWS:
NORTHEASTERLY: BY LOT 42 AS SHOWN ON HEREINAFTER MENTIONED PLAN OF LAND TWO
HUNDRED SEVENTY-TWO AND 39/100 (272,39) FEET;
SOUTHEASTERLY: BY CRANBERRY LANE AS SHOWN ON SAID PLAT ONE HUNDRED NINE (109.00)
FEET;
SOUTHWESTERLY: BY LOT 44 AS SHOWN ON SAID PLAN TWO HUNDRED SIXTY-SEVEN AND 24/100
(267.24) FEET; AND
NORTHWESTERLY: BY LAND OF STEPHEN A. AND MARY L, CANTY AS SHOWN ON SAID PLAN
NINETY-FIVE AND 49/100 (95.49) FEET.
CONTAINING 27,760 SQUARE FEET MORE OR LESS AND BRING SHOWN AS LOT 43 ON PLAN OF
LAND ENTITLED "SECTION B DRIFTWOOD ON BASS RIVER, YARMOUTH, MASSACHUSETTS, AS
SURVEYED FOR HERBERT I. KAISER, SCALE 1 " — 80', MAY 1954, WHITNEY & BASSETT, ARCHITECTS
& ENGINEERS, HYANNIS, MASSACHUSETTS," SAID PLAN RECORDED IN BARNSTABLE REGISTRY
OF DEEDS, PLAN BOOK 120, PAGE 119.
TOGETHER WITH RIGHT OF WAY OF COMMON WITH OTHERS ENTITLED THERETO OVER THE
STREETS AND WAYS AS SHOWN ON SAID PLAN.
PIN NO.: 11842
BARNSTABLE REGISTRY OF DEEDS
Bk 19028 P0217 :t72072
09--14-2004 ai 1 1 a 46ct
N 0 T QUITCLAIM DEEM 0 T
A N A N
WE, RONALID (k T'F1WAR1r andEROLANDtJFSEEWARZ hvsk�and and wife, of 97
Cranberry Lane, South (YaRmuth, Barnstable Count)gNbsEactusetts 02664, for
consideration paid and in full consideration of FIVE HUNDRED THOUSAND
($500,000.00) DOLLt4M T N 0 T
A N A N
Grant to TROY NyAj,Lf, bdtviAuelly, of 87 Ctgnperp IF,age, §o)kthLYarmouth,
Barnstable County, �dWaphtjsetts 02664 C 0 P Y
With QUITCLAIM COVENANTS
The land in Yarmouth (South) Barnstable County, Massachusetts, together with buildings
thereon, bounded and described as follows:
NORTHEASTERLY: by Lot 42 as shown on hereinafter -mentioned plan of land
two hundred seventy-two and 39/100 (272.39) feet;
SOUTHEASTERLY: by Cranberry Lane as shown on said plan one hundred
Nine (109.00) feet;
SOUTHWESTERLY: by Lot 44 as shown on said plan two hundred sixty-seven
and 24/ 100 (267.24) feet; and
NORTHWESTERLY: by land of Stephen A. and Mary L. Canty as shown on
said plan ninety-five and 49/100 (95.49) feet.
Containing 27,760 square feet more or less and being shown as LOT 43 on plan of land
entitled "Section B Driftwood on Bass River, Yarmouth, Massachusetts, as surveyed for
Herbert J. Kaiser, Scale 1" = 80', May 1954, Whitney & Bassett, Architects & Engineers,
Hyannis, Massachusetts," said plan recorded in Barnstable Registry of Deeds, Plan Book
120, Page 119.
Together with right of way in common with others entitled thereto over the streets and
ways as shown on said plan.
For title see Book 11481, Page 341.
Property Address: 97 Cranberry Lane, South Yarmouth, MA
MASSACHUSETTS STATE EXCISE TAX
BARNSTABLE COUNTY REGISTRY DF DEEDS
Date: 09-14-2004 & 11:46am
Ctl4: 1064 Doct: 72072
Fee: $17710.00 Cons: $500000.00
BARNSTABLE COUNTY EXCISE TAX
BARNSTABLE COUNTY REGISTRY OF DEEDS
Date: 09-14-2004 D 11:46am
Ctl:: 1064 Doc.: 72072
Fee: $1P140.00 Cons: $500000.00
Z
Bk 19028 Pg 220 #72072
WITNESS our hands W(UseBls this 16 day of , 2004
A N A N
O F F I C I A L 0 I C
C O P Y
onald G. Stewart
N O T WOA"i N O T
O F F I N I A L 9O A
C O P Y RolandaOJ. t+
COMMONWEALTH OF MASSACHUSEI'rS
Barnstable, ss. % 0 , 2004
On this day of 2004, before jpe, the undersigned
notary public, personally appeare ONALD G. STEWAR-O; proved to me throe
satisfactory evidence of identification, which was ;"my &A
the person whose name is signed on the preceding or attached document, and
acknowledged to me that lie signed it voluntarily for its stated purpose.
Notary Publi,
My commission expires: //- 2Jo60
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss. Spe, /0 , 2004
On this 10 day of 2004, before me, the undersigned
notary public, personally appeared IeOLANDA J. STEWART, prove to me through
satisfactory evidence of identification, which was Uri to be
the person whose name is signed on the preceding or attached document, and
acknowledged to me that she signed it voluntarily for its stated purpose.
Liz
Notary Public
My commission expires: /f -a& -/Q
BARNSTABLE REGISTRY OF DEEDS
BIC 1 14G 1 PG34 1 41042
06---OS-1 996 & 02 •24
N 0 T N O T
A N A N
O F F I C I A (§UlTCLAIM bEtCj C I A L
C 0 P Y C O P Y
I, RONALD G. WART, Individually, of 97Wrty Lane, South Yarmouth,
Massachusetts 02664,
O F F I C I A L O F F I C I A L
for consideration of lavefand affection, C O P Y
grant to
RONALD G. STEWART and ROLANDA J. STEWART, husband and wife, as
Tenants by the Entirety, of 97 Cranberry Lane, South Yarmouth, Massachusetts 02664,
with QUITCLAIM COVENANTS,
The land in Yarmouth (South) Barnstable County, Massachusetts, together with buildings
thereon, bounded and described as follows:
NORTHEASTERLY by Lot 42 as shown on hereinafter mentioned plan two hundred
seventy-two and 39/100 (272.39) feet;
SOUTHEASTERLY byy Cranberry Lane as shown on said plan one hundred nine
(l 09) feet;
SOUTHWESTERLY by Lot 44 as shown on said plan two hundred sixty-seven and
24/ 100 (267.24) feet; and
NORTHWESTERLY by land of Stephen A. and Mary L. Canty as shown on said plan
ninety-five and 49/100 (95.49) feet.
Containing 27,760 square feet more or less and being shown as L143 on plan of land
entitled "Section B Driftwood on Bass River, Yarmouth, Massachusetts is surveyed for
Herbert Kaiser, scale 1: a 80 ', May 1954, Whitney & Bassett, Architects & Engineers,
Hyannis, Massachusetts." Said plan recorded in Barnstable County Registry of Deeds in Plan
Book 120 Page 119.
TOGETHER with the right of way in common with others entitled thereto over the streets and
ways as shown on said plan.
For my title see deed from Ronald G. Stewart and Patricia L. Stewart dated September 30,
1994, and recorded with Barnstable County Registry of Deeds in Book 9394 Page 14.
Property Address: 97 Cranberry Lane, South Nk mouth, MA
BK 1 1 4e l PG3 42 41042
N 0 T N O T
WITNLSS my hand and sjWj4his I st day of June, 1998. A N
V2-
C I A L O F F I C I A L
C O P Y
konald G. Stewart
C00ONWEALTH OF MASSAAC4USE7S
Barnstable, ss: O F F I C I A L O F F I C I A L June 1, 1998
C O P Y C O P Y
Then personally appeared the above -named Ronald G. Stewart and acknowledged the
foregoing instrument to be his free act and deed, before me,
a is
My commissi res; April 10, 2003
�MTM
BARNSTABLE REGISTRY OF DEEDS
BPt08354-0014 84-10-04 3,14 458374
WE, RONALD G. S*E! DART AND PATRICIA L N dt&ART, as husband and
wife and as Tena%Ok by the Entirety ofA 97 Cranberry Lane, South
Yarmouth, ®arrmtpbGlez Wiwty, Massar_kuaetd�sy AirL consideration of a
division of mam a assets incident Ott . divorce in the
Barnstable Probba e & Family Court, Barns a le, Massachusetts,
Docket No. 93D-0235-D1
N O T N 0 T
grant to RONALDIG,N STEWART of 97 CranYpiWy Lane, South Yarmouth,
Barnstableo C�DkIAty,c MpWaLchusett� t� �g4tpl� covenants the
land in Yarmoy ($gytt``h) , Barnstab C Grp un7, ssachusetts,
bounded and de`gg i as follows: P
PARCEL ONE
NORTHEASTERLY: by Lot 42 as shown on hereinafter -mentioned plan
land two hundred seventy-two and 39/100 (272.39)
feet;
SOUTHEASTERLY: by Cranberry Lane as shown on said plan one
p hundred nine (109) feet;
SOUTHWESTERLY: by Lot 44 as shown on said plan two hundred sixty-
seven and 24/100 (267.24) feet; and
NORTHWESTERLY: by land of Stephen A. and Mary L. Canty as shown
on said plan ninety-five and 49/100 (95.49) feet.
Containing 27,760 square feet more or less and being shown
as LOT 43 on plan of land entitled "Section B Driftwood on Bass
River, Yarmouth, Massachusetts, as surveyed for Herbert J.
Kaiser, scale 1" = 801, May 1954, Whitney & Bassett, Architects &
Engineers, Hyannis, Massachusetts." said plan recorded in
Barnstable Registry of Deeds, Plan Book 120, Page 119.
TOGETHER with right of way in common with others entitled
thereto over the streets and ways as shown on said plan.
For title reference, see Book 1407, Page 322.
PARCEL TWO
NORTHERLY: by LOT 43, as shown on hereinafter mentioned plan
of land two hundred sixty-seven and 24/100
(267.24) feet;
EASTERLY: by Cranberry Lane, as shown on said plan, one
hundred nine (109) feet;
BF:09394-0015 94-10-04 3:14 #59974
SOUTHERLY: IbIp P&bt 45, as shown ozN M3Zi plan, two hundred
Ehi*¢ .y-seven and 96/100 A(4f37. 96) feet; and
WESTERLY: O F F b,Ey Cl I �` now or form rl I Cf `I� tephen A. and Mary L.
C Q,' one hundred nfn t} O1/100 (109.01) feet.
Being shoves Gaef LOT 44 on plan ofN Xagd entitled "Section B
Driftwood on Bad iver, Yarmouth, MaV as surveyed for Herbert
J. Kaiser, �1 = 80 fe t �dy 4 itney & Bassett
Architect itn i I iyannis, Aa �' z pIan is duly
recorded in B£rAt%lAe County RegisCrP ct )beeds in Plan Book 120,
Page 119.
TOGETHER with a right of way in common with others entitled
thereto over the streets and ways as shown on said plan.
For title, see deed recorded in Book 1461, Page 321.
PARCEL THREE
Lot No. 45 (forty-five) as shown on a plan of land entitled:
"Section B - Driftwood on Bass River Yarmouth, Mass. as surveyed
for Herbert J. Kaiser, Scale 1 inch a BO feet, May, 1954, Whitney
& Bassett Architects & Engineers, Hyannis, Mass. Note: This
plan supercedes plan book 110 page 59". Said plan duly recorded
with Barnstable County Registry of Deeds in Plan Book 120, Page
119.
Together with a right of way in common with all others over
the streets and ways as shown on aforementioned plans of land for
purposes for which streets and ways are commonly used.
The above described premises are conveyed subject to the
following restrictions: The premises shall be used for
residential purposes only.
For title, see deed recorded in Book 3246, Page 267.
WITNESS our hands and seals this 30th day of September,
1994.
Ronald G. Stewart
Patricia L. Stewart
BF:09394-0016 94-10-04 3,14 4SO974
N O COMMONWEALTH OF MA318KCHUSETTS
A N A N
Barnstab"Z, Ial. I C I A L O F 'ifP1t"rA 10, 1994
Then persror Ail appeared the ai%-Q% Pnaymed Ronald G. Stewart
and acknowledged the foregoing instrument to be his free act and
deed, before m;N 0 T N 0 T
A N A N
O F F I C I A L 0 F F I
C 0 P Y c-I _
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
Barnstable, as. September 30, 1994
Then personally appeared the above named Patricia L. Stewart
and acknowledged the Foregoing instrument to be her free act and
deed, before me.
Nota u c
'rwHar"-, A • ��N�i'p �
My Commission Expires:�J3/S5�
90NSTABLE REGISTRY OF DEM
N 0NT N 0NNT
O F F I C I A L O F F I C T
eaoK14U7 nw� 322 C O P Y 125W P Y
N 0 T N OlT
r� (1 �,+
0 F F I C f 7xRDe, husband! and f T L►
Ne, O�pRifS P. 6EIROC24 RpfHy. ! ; Y
of LOa a.f. � atr.et; •,
� ti
►�i�i bade County, 11ofifa, for consideration paid
grant to` RO A a. 9TEwART, and PATBICIA L. W WART,
ss,,., ..rtN',a�,��rt bTretP of 7 dnpitsP Lana,
the lehd in Ya�aOo h Bout Barnstable County, Massachusetts,
bounded and describsd an followot
NORTHEABTERIN by Lot 42 a■ shown on hereinafter -mentioned plan
land Two hundred ■event] -two and 39/100 (272.39)
featl
I80U.yEAgTERLy by Cranberry Lane as shown on said plan One
Hundred nine (109) festl
86VTHM69 jj= by Lot 44 as shown on said plan Two hundred
i
sixty-seven and 24/100 (267.24) feet] and t
N0 1rHML8TERLY by ShowoStephan
plan Ninsty five endCanty
nansaid 49/100
(95.49) foot.
i
t Containing 27,760 square feet more or lose and being 1
shown an LOT 43 on plan of land entitled "Section B Driftwood I
on Base River, Yarmouth, Meanachuastts, d■ surveyed for Herbert
J. Kaiser, scale 1" - 80', May 1954, Whitney 6 Bassett, Archi-
tects 4 Engineers, Hyannis, Massachusetts." said plan recorded
in Barnstable Registry of Doods, plan Book 130, Pegs 119.
TOamn with right of way in coaaaon with others entitled
thereto over the streets and ways as sham on said plan. Ifl
Por title reference, see deed from Harbert J. Kaiser to
Driftwood proportion, Inc., dated December 3, 1956, and duly
r eta le • iet of Deeds in Book 960, page 282.
or���d gay
�e O6S. MITNBB our an s and sea • s ay
County of Dads
Miami, so. July 5, 1%8
ve,p �. �sn personally appeared the Above named aEORAa P. MEDRIROS and
"l M. MEDEIR08, husband and wife, and acknowledged the foregoing
`01 �
I
�8 tj uraant to be the free act and dead of the parties, before me
r • ' MW ,$ we .wA;;,i., .1.�.� }lot ry public
w�
` 99 JUL 1 s 1968 W K=
I
I
N 0 T N 0 T
A N A N
OFCOC _A_I_. ____QFF_j
N 0 T N 0 T
A N A N
DRIFTWoo"RDE$'PID,aN1.,A L O F F I C I A L
aewporstloadnly""bashed datOhatarnof Massachusetts C 0 P Y
sad having Its astral platy of buslnew at Yarmouth (South), Barnstable,
County, Maeuohuwtb, for oonsideftUoa paid
pabbto GEORGE P. MEDEIROS and RUTH M. MEDEIROS, husband and wife,
as tenants by the entirety, both Mass.,
01 1 Taylor Road, Yarmouth (South) Barnstable Couruyaw)ttalm ewcalm e
thelaodla Yarmouth (South), Barnstable County, Massachtieetta, bounded
and described Re follows;
NORTHEASTERLY by Lot 42 as shown on hereinafter -mentioned plan of
land Two hundred seventy-two and 39/100 (272,39)
feet;
SOUTHEASTERLY by Cranberry Lane an shown on said plan One hundred
nine (109) feet;
SOUTHWESTERLY by Lot 44 as shown on said plan Two hundred sixty-seven
and 24/100 (267.24) fast; and
NORTHWESTERLY by land of Stephen A. and Mary L. Canty as shown on
said plan Ninety-five and 49/100 (95.49) feet.
Containing 27,760 square feet more or lees and being shown as
LOT 43 on plan of land entitled "Seotion B Driftwood on Baas River,
Yarmouth, Mass., ds surveyed for Herbert J. Kaiser, scale 1" m 801,
May 1954, Whitney do Bassett, Architects k Eneneers, Hyannis, Mass."
said plan recorded in Barnstable Registry of Deeds, Plan Book 120,
Page 119:
TOGETHER with right of way in common with others entitled there-
to over the streets and ways as shown on said plan.
For title reference, see deed from Herbert J. Kaiser to Drift-
wood Properties, Ina., dated December 3, 1956, and duly recorded in
Barnstable Registry of Deeds in Book 960, Page 282.
)utod=-NbMd the said DRIFTWOOD PROPERTIES, INC.
has oauwd its corporate ssai to be bsreto affixed sad thew preeenta to be signed, soknowledsed sad
delivered in its nameand bWuW by KENNETH HARVEY STUDLEY
its Treasurer bw*oduty autboriwd," 1
day of December, in the year one thousand nine hundred ysd sixty-four
f�� sad waled in womft of DRIFTWOOD PR $/, INC.
IX
by enneth Her, ey 3tud1 , Treasurer
�mex�dtigl.�.
Barnstable, EL /G µ 1Y 64
Tbes pawnsJ4 appeared the abara named KENNETH HARVEY STUDLEY
and aclmowledjed the foregoing lastmment to be the fine sot sad deed of the DRIFTWOOD PROPER TIES,
bdom we
1301 mu 065
Harol Hayes, N
My commission exp1mo December 10, iD 66.
InJUN101965
1k