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Atty. Tardiff letter cont. 5/3/24
106 Valhalla Drive, South Yarmouth MA (Map 118, Parcel 59.1) (na I a Z � 0 �� � 0 0 0 0 � U � - v 0 M S to r- C IV tD N n N O m U > (p O = O � O N N y� Q C �c 00 .wt C/ / 7 c� 1:3 } 0to UUU J G) UUiiaO� ap g �(`Cp coci bJiN w > 0 0 8 N m N U U U O O m N _ In N In N NO O � x m m ' O o F O O O U m >>i > J o o cnm rn c I� m m y :2Ym09m(DY a0 N O f> j d Co cn LL Q o N m X 0 rn v m m$ �pp 0 0 0 P 0 0 .Q '0 '! 1 .1 .N Q 1 d Q � f V N c V N N N NO 9N O om O� O F-- Cl) N .�so a a a G '� n q q 4 O I d � w O b Z Ow C) N Y N of00 N O h Q Q Q Q U) F > F- o_ m O ~ C4 U N z U F Z 0 0 L LL U v jog a o�w No 9 mm g $ } c U a '$ Z o_o z n 8L r�iHU v L z 8 8o g4 a ly Z y O O C o rn m O 0) k O 1 O 0 U 3 U ry ry w 04 W Z m Fa 4 4 4 x c w F� > L r m in ----> 00 L) 0SEE r x a N LL NNN o9 r- (V CD O) CO N N N l� LA NQ Nab )fQl ca y q0� 4 :�� 14 c Cb N d o o b w Q c Z) 0)) Q �_ 8 � UT MI op cDD �� �cp p 00 08 c Q o Z 7 EQ a $88gLL o o t` nv)ocn ��w 2 c V N_ O Cam') Lu ((r N N rA C) of � o M�� �a ww O p LL d 5 - a c Q�uwimaN c9 ti c c L O U U z N N O �wW W > a X rncr � 1' uj IL mmm " O O �000= O 0 N N Cl w w J F W W U 0 g UJ VJ T -j W 0 N N 0 U z= 2 z U c) U c D 0 0 0 Q 00 QO e Q H O Z:OFFr> r =O---F U z a m o o J � > li Vl �Q m 0 w o (02 Y J W YQQ Qd } = �.-A O g >< n m N 7 0 IL AOL O TAM � N DMom Full N m +p l m N a a N N N a aC LL q m p p p p o O60006 m Nco mt-c' m � N co > NO �no�� dOi(D� c0 (V W C O N VV m 03 C U O0 m co O O O CID Q p c O > U�00 �- CY)r- 0898888 cp N O O O O O O O (G V A N r U p N N E C o U x Cl) rrrrr�� �D� N MM u') L� .5 U tr� ca O � rnC:) C) W� L} F E 00 O aaUU Mm ao CO v m�3i �a° 50 a Q U U �S2 m >- w p CC>- pLL w H U U aC� o 0 i U U U 2S LL Cl 0 0 0 0 �1 n } O O O O N N N N N Q � N � " 88S88Sg s Q dS�6oao ciao rn U ~ � CO 00 CD a `v� aXr UxwN �U(�¢ca @��s5m �88 o zUC7zZco Z cl U 'E N mJ m J.JJ U Cc)OONr Cl)M r00o M MV M '3 OOO NN f�00 p O U; w p w S cl Q(D(n ?i UQ z 4w ? (IT N 31L OJOWw Ndwfndnmm:} a rN 80 �UpdmoQ iy 6bNU k tiF mmSXWW mMp (D Y -] ��ai c c Ua o 0 0 0 omY �LLV)wvziauzi UmU-L t�n�(9inOww� 0- co Bk 35522 Pg124 #59575 12-05--2022 @ 12:17p 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 C O P Y C O P Y N O T N 0 T A N A N O F C O P 146TCLAE4 640 CP I A L I, Christopher 1. Adamaids, being unmarried, of South Yarmouth, Barnstable County Massachusetts, for consideration paid and in consideration of One Mifiton One Hundred Thousand and 001100 Dollars ($1,100,000.00) receipt of which is hereby o acknowledged, hereby grants to Lauren R. Kelly Ugarte and Roberto C. Ugarte, Wife and Husband, as Tenants by the Entirety, now of 106 Valhalla Drive, South Yarmouth, MA 02664 with Quitclaim Covenants: The land in Yarmouth, Barnstable County, Massachusetts, together with the building(s) thereon, which land is shown as LOT 9A 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. Said plan is recorded with the Barnstable County Registry of Deeds in Plan Book 520, Page 7. Subject to the Town of Yarmouth Board of Health Restriction dated August 28, 1997, recorded in Book 10927, Page 194 to the extent the same is in force and applicable. Said land is further conveyed subject to, and with the benefit of, all matters of recorded to the extent the same are in force and applicable. Under the pains and penalties of perjury, 1, the Grantor named herein, do hereby voluntarily release any and all rights of homestead, if any, as set forth in M.G.L. Chapter 188, and state that there are no other persons or person entitled to any homestead rights. Being all of the same premises conveyed in a Deed dated September 06, 2012 and recorded with the Barnstable County Registry of Deeds in Book 26726, Page 84. Signature on Page to Follow MASSACHUSETTS STATE EXCISE TAB BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 12-05-2022 P 12:17pm Date: 12-05-2022 /4 12:17pm Ctl#: 305 Doc#: 59515 Ctl#: 305 Doc#: 59575 Fee: $3,762.00 Cons: $1,100,000.00 Fee: $3,366.00 Cons: $1,100,000.00 Bk 35522 Pg125 #59575 Witness my hgdffiit gJ day of DecemberN2W2T A N A N O F F I C I A L �, 0, F F ,C I A L C O P Y �,fl P Witnes N 0 T Christopher . AdfTn' A N A N O F F I C I A L O F F I C I A L CCUMNWEALTH OF MAS§AtitTLTTS Bamstable, ss On this ZL"� day of December, 2022, before me the undersigned Notary Public, personally appeared Christopher J. Adamaitis and proved to me through satisfactory evidence of identification which was MA Driver's License to be the person whose name is signed on the preceding or attached document and acknowledged to me that he signed it voluntarily and for its stated purpose. Notary Publi . My Co sio Expire JOHN A MORIN NOTARY PUBLIC g4 eommCowearmofmassxhaen My Commitslan Exp res Dezember 27, 2024 JOHN F. MEADL, REGISTER HARNSTAbLE COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY Bk 26726 Ps38 4- 0S7100 N O T N O T A N 1;DA-LU2-21312 & 09 = 1tJta 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 AN AN O F F I C I A L O F F I C I A L C 0 P Y QUITCLAIM DIED P Y We, Christopher J. Adamaitis of 106 Valhalla Drive: Yarmouth, Barnstable County Massachusetts, being unmarried and Leslie J. Adamaitis of 882 Main Street, South Yarmouth, Barnstable County, Massachusetts, being unmarried, for consideration paid and in consideration of One and 00/100 Dollar ($1.00) receipt of which is hereby acknowledged, hereby grants to Christopher J. Adamaitis, lndividuallyfwith Quitclaim Covenants: l�� � �k. -5 Q -}, The land in Yarmouth, Barnstable County, Massachusetts, together with the building(s) thereon, which land is shown as LOT 9A 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. Said plan is \ recorded with the Barnstable County Registry of Deeds in Plan Book 520, Page 7. Subject to the Town of Yarmouth Board of Heath Restriction dated August 28, 1997, recorded in Book 10927, Page 194 to the extent the same is in force and applicable. Said land is further conveyed subject to, and with the benefit of, all matters of recorded to the extent the same are in force and applicable. d For our title, see Deed dated November 21, 2002 and recorded with the Barnstable County Registry of Deeds in Book 15956, Page 177. See also Barnstable County Probate and Family Court Docket No. 10D0076DV 1. 1, Leslie J. Adamaitis, hereby release any Homcstead rights in said property. Witness my hand this 6xik. day of September, 2012. j W' ness Christopher J. ACIaM.4WIS Leslie J. Adamaitis • Bk 26726 Pg 85 #57100 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 E 0MMONWEALTH OF MASSA03ii7SETTS A N A N Barnstable, ss0 F F I C I A L O F F I C I A L C O P Y C O P Y On this ktt , day of September, 2012, before me the undersigned Notary Public, personally appeared Christopher J. Adamaitis and proved to me through satisfactory evidence of identification which was MA Driver's License to be the person whose name is signed on the preceding or attached document and acknowledged to me that he signed it voluntarily and for its stated purpose. 1 ......140 , "- Public: RQ4E N - emission Expires: ` J°°"a'toi±w�wN�n•_. �tfi+iotfi+tsfir,T- COMMONWEALTH OF MASSACHUSETTS Bamstable, ss 2. 2015 On this ��day of September, 2012, before me the undersigned Notary Public, personally appeared Leslie J. Adamaitis and proved to me through satisfactory evidence of identification which was MA Driver's License to be the person whose name is signed on the preceding or attached document and acknowledged to me that he signed it voluntarily and for its stated purpose. BARNSTABLE REGISTRY OF DEEDS Bk 15956 Po 177 OrI05412 11-22-2002 & U8=38u N O T Quitclaim Deed N O T A N A N O F F I C I A L O F F I C I A L 1, Christopher J. AdanQd&, 8f Yarmouth, MassachusetO, Zr ZoMideration paid and in full consideration of $1.00 grant to Christopher J. Adamaitis and Leslie J. Adamaitis, husband and wife, as to icy the entirety, of 106 ValhallacDrtve, Yarmouth, Massachusetts, with QuAlVin Covenants, the property aslles¢ribed in Exhibit A attached hereto O F F I C I A L O F F I C I A L C O P X C O P Y Property Address: 106 Valhalla Drive, Yarmouth, MA Executed this 21 st day of November, 2002. i Christopher J. Ad sits / Barnstable County COMMONWEALTH OF MASSACHUSETTS November 21, 2002 Then personally appeared the above named Christopher J. Adamaitis and acknowledged the foregoing to be their free act anndeed, before me, Nicholas M. Forlizzi�sq Notary Public My Comm. Exp. July 1, 2005 LOUD Bk 1S956 Po l-78 Y1C! 412 �G4lkt00��l�( LEGAL pESC"IPTION 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 THE (V)AL DE9CItI1�t�Npl!�rAtTACIIED HERETO A�/ObVIPATE F X11 M I S AND 19 MA E1 A hA t "tinpor. . N 0 T N 0 T A N A N Me Innd in Yttrmoutpp hF FaI tC Ipbl L O F I C I tLL Lo skits! wiLlt 8 PIP a GOL!It .y t a"l )CPtie 1 y Lhe bul.ldiii0s) Lltereon, which la►td is shown as LOT 9A on 6 plait ettLLLled "I'latt of land in Yarmouth, MA prepared for Robert W. .Joyce Scale 1"-1C daLe: lU-2..U-95" drawn by Down Cape Unrlineeritlg, lttc. 939 Malu si., YnrmouLh, MaasachuseLLs. Said plant is on file a said IteglsLry of Deeds lit Platt Book 520 Rage 7. Subject I.o a Towtt of YarmouLh Board of Ilealth deed f:e6Lr1ctiott elated nugusL 20, 1997, recorded .itt Record nook iU927 Page 194, Lo Lhe exLenI. the same is ill force attd applicable. t Said land is further conveyed subject to, and witlt the bettefli: oI, n1i malLLers of record to Lite. extent Lite same are In force attd ap- pi teable . Nit Lithe reference, see deed l'ecorded)(00XlFit Mix in Book 11158, Page 308. BARNSTABLE REGISTRY OF DEEDS d u A ro ro ro 0 r W N !r ra 'L3 ro k tJ a Bk = 1 1 1 58-3� 1 44 01 —OB--- I sSla Cam' Donald H. Priestly, trustee of The Irene Trust, under a declaration of trust dated January 3, 1990, recorded at the Barnstable County Registry of Deeds in Record Book 7791 Page 330 N O T N O T of Mashpee, A N Ba n lA N O F F I C I A L b" eI C CJourpy. Nassachuutt• C O P Y C O P Y in consideration of $169, 000 , 00 paid NOT NOT A N A N pp grant to Christopher . Cl4Mtit-i5L O F C O PC Y A L of 106 Valhalla Dr., Yarmouth, MA wilh quitclaim coiocnants the land in Yarmouth, Barnstable County, Massachusetts, together with the building(s) thereon, which land is shown as LOT 9A on a plan entitled "Plan of Land in Yarmouth, MA prepared for Robert W. Joyce Scale 1"-40` date: 10-20-95" drawn by Down Cape Engineering, Inc. 939 Main St., Yarmouth, Massachusetts. Said plan is on file at said Registry of Deeds in Plan Book 520 Page 7. Subject to a Town of Yarmouth Board of Health deed restriction dated August 28, 1997, recorded in Record Book 10527 Page 194, to the extent the same is in force and applicable. Said land is further conveyed subject to, and with the benefit of, all matters of record to the extent the same are in force and ap- plicable. f7 8*t4dF - - 7L-, -c m o Ln Cn m ;o iR o D n r" C7 m 1C3 For title, reference is made to Record Book 10957 Page 66 Executed as a sealed instrument this 17 day of December 19 97 ;,Inld H. Pr stl trustee ?flhe fdommonEnenith of Wnszar4u9ett9 Barnsatble, is December 17, 19 97 Then personally appeared the above named Donald H. Priestly, trustee as aforesaid and acknowledged the foregoing instrument to be h 1 t3 fr a nd dee Beforr me, STeipfib i V. Murphy No y Pabllr My commission expires f9ctisc6fwY May 29, 2003 Bt< = TRUSTEE CERTIFICATE THE IRENE TRUST N O T N O T A N A N O F F I C I A L O F F I C I A L I, Donald HC 'irlieAtly, trustee of AeP lyrene Trust, under a dec- laration of trust dated January 3, 1990, which is recorded at the N 0 T N 0 T Barnstable County Rp4stry of Deeds in Reed Book 7791 Page 330, do hereby certif(y 1ftsFfQl.d019sA L O F F I C I A L 1) Said trust is (inOAgAl existence anX h%sP n6t been amended; 2) I am the sole trustee of said trust; 3) All of the beneficiaries of said trust are over the age of 21 years and are competent; 4) I have the power, and have been duly directed by all of the benefic- iaries of said trust, to sell and convey 106 Valhalla Drive, Yar- mouth, Mass. to Christopher J. & Leslie J. Adamaitis, or their nominee(s) upon any terms and conditions as I deed appropriate. Executed as a sealed instrument on December 17, 199 r Donald H. Priestl rustee COMMONWEALTH OF MASSACHUSETTS Barnstable, ss December 17, 1997 Then personally appeared the above named Donald H. Priestly, trustee as aforesaid who acknowledged his signing of this certificate to be his free act, before me 2StepOOV. Murphy, Nota Publ c My Commission expires: May 29, 2003 BARNSTABLE REGISTRY OF DEEDS Robert W. Joyce, 1156 Walnut St., Newton, Middlesex County, Massachusttls, A N A N belngunmarrfed, for consideration Mkid$5F,0Q0.00.Ifiktybfive thous,Q►dFsnF0C1/1Qb dolAarlp grantto Donald H. Priestly, Trustee of The YIrene Trust under declarat0ionn' oy trust dated January 3, 1990 recorded at the Barnstable Registry of Deeds at Book 7791, Page 330 poW 0 T N 0 T witttvgn[UIIIim rauennnta O F F I C I A L O F F I C I A L the land kr on Valhalla Drive in t10 TpwiF or Yarmouth, Barnstable GuQyP Myssachusetts being more particularly described as follows: Ukoctiptlon and encumbrancer, If any) Lot 9A on a plan of land entitled, "Plan of Land in Yarmouth, MA prepared for Robert W. Joyce Scale 1"-40' datei10-20-95" drawn by Down Cape Engineering, Inc., 939 Main St_ Yarmouth, Hassachusette, which Plan is recorded with the Barnstable County Registry of Deeds in Plan Book 520 Page 7. a Subject to a Town of Yarmouth Board of Health deed restriction dated August 28, 1997 f'i aC and recorded in Book 10927 Page 194 +�+ + y Subject to easements, restrictions, reservation rights and rights of way of record. For title see Confirmatory Deed from Robert W. Joyce and Patrick H. Joyce, Jr. w recorded with the Barnstable County Registry of Deeds in Book 9749 P 8 Y age 297. c o o M X Q 00 -4P-- MEMO w o W � ci J1 cz V-1 2 a� O O W Itnrge... ... I ............ hand and seal ...,......................................... 1-1............... this...,,.. .... y of.. <�<... ........19 c%7 Cot IsommonateU114 of gin soar4uEletts # ;;,,,+1..r. .................ss. ...... ..... ..1... lo 7 Then personally appeared the above named.........:. , .....t-?.......i . f.............................................................................................................................................. and acknowledged the foregoing instrument to be .... .. free act and deed, before me, ............... Notary Public —Justice of the Peace My Commlarion eapirtr........... ....... t ..Ir.:.�......... 19....1..�,�.. .. 1 - c "` BARNSTABLE REMSTRY OF 01109 .. w BP,09749-0297 95-07-12 3114 #034145 N 0 T CONFIRMAT!RR* QEED We, ROBERT Wk. 'dOYCE of 1150 Walnutp' Greet Newton, MA 02161 and PATRIC9 ff. FJ(SYCE; AT, with a %Aftnjg rndRA1e8 of P.O. Box 689, East Dennis, MAC 0264T C 0 P Y for considefiatiF paid of $1.00 N 0 T GRANT to ROBARV W. JOYCE of 1150 Wk Nut Street, Newton, MA 02161 O F F I C I A L O F F I C I A L WZTH QUTTCT.4bMPCQVB1VANTS C 0 P Y the land on Valhalla Drive in the Town of Yarmouth, Barnstable County, Massachusetts, being more particularly described as follower LOTS 3A AND 8B on a plan of land entitled, "Plan of Land in Yarmouth, Mass. prepared for Reef Realty Scale 1" 50' Dates December 7, 1994" drawn by Demarest-McLellan Engineering, 24 School Street, P.O. Box 463, West Dennis, Massachusetts, which plan is recorded with the Barnstable County Registry of Deeds in Plan Book 509, Page 72. LOT 9 on a plan of land entitled, "Subdivision Plan of Land in O Yarmouth, Massachusetts for Joseph J. & Dorthy P. Ryan Scale 1" f) 50' April 15, 1980" drawn by R.J. O'Hearn, Inc., 1348 Route 134, 0_ East Dennis, Mass., which plan is recorded with the Barnstable w County Registry of Deeds in Plan Book 351, Page 84. o p 0 The above -described premises are conveyed subject to and with the CD 9 benefit of all rights, rights of way, easements, appurtenances, •• reservations and restrictions of record insofar as now in force and applicable. For title, see deed from J.J.R. Enterprises, Inc. to Grantor dated September, 1987 recorded with the Barnstable County Registry of Deeds in Book 5934, Page 085 and deed from J.J.R. Enterprises, Inc. to Grantor dated January 30, 1989 recorded in Book 6612, Page 192 and deed from Frederick A. Boy, Trustee of Reef Realty Trust II to Grantor of even date to be recorded with the Barnstable County Registry of Deeds herewith. This deed is given to confirm a deed from Grantor to Grantee dated May 31, 1995 recorded with the Barnstable County Registry of Deeds in Book 9693, Page 30 and to correct the plan recording information of the plan on which Lot 9 is shown to Plan Book 351, Page 84. EXECUTED UNDER SEAL this aqll'day of eR 1995. ARD TO SWET 5 TL15 SC. ROBFRTSOM • DUPVY PC ROBERT W. JOYCE 41 TUII"I T i AT LAW WLiT fAAMOVTK YAit OW) PATRICK H. JOYC , TFL IIOFI IIYNM •RUI10 SWEENEV STUSSE. R06EATSON a PUPUY P C •r,vwMtrc AT LAW wt6T TAMMOUTH MALL Oral) TEL Hal 7113413 BN 09749-0M 95-07-12 3114 #034145 NOT ANCOMMONWEALTH OF PYBACHUSETTS _ p BarnstRbfe� bsq I A L O F F I C I A L ✓,Gtr(l Z/ 1995 C O P Y C O P Y Then personally appeared the above -named Robert W. Joyce ,aid . and acknowl drthe foregoing instrument to be thfl f s fr e a t and deed, b r , a O F F I C I A L C 0 P Y No a T t My Commission ire t l P 0fl •`u Barnstable, ss: COMMONWEALTH OF MASSACHUSETTS June Aj, 1995 Then personally appeared the above -named Patrick H. Joyce, Jr. and acknowledged the foregoing instrument to be his free act and deed, before me, My Commission Expires: BARNSTABLE REGISTRY OF DEEDS �,0— try ARDiTO. SWEENEY. STUSSE.RODERTSON OUPUY. P C ATTORNEYS AT LAW WEST YRRMOUT", MASS 03413 TEL (WO) T7b3433 N O T E�' Q96�3-0030 95-06-01 8127 14026483 A N O F F I C I A L QU�T I,�I EPA L C O P Y C O P Y We, ROBERT W. JOYCE of 1150 Walnut Street, Newton, MA 02161 and PATRICK H. R0 , JR. with a mail$n9 4ddress of P.O. Box 689, East Dennis, MA O 0 1 A N for coTke$d16rT6t(16h tali.d of $1909 F I C I A L C 0 P Y C O P Y GRANT to ROBERT W. JOYCE of 1150 Walnut Street, Newton, MA 02161 WITH QUITCLAIM COVENANTS the land on Valhalla Drive in the Town of Yarmouth, Barnstable County, Massachusetts, being more particularly described as follows: LOTS 3A AND 85 on a plan of land entitled, "Plan of Land in Yarmouth, Mass. prepared for Reef Realty Scale 1" - 50' Date: December 7, 1994" drawn by Demarest-McLellan Engineering, 24 School Street, P.O. Box 463, West Donnie, Massachusetts, which plan is recorded with the Barnstable County Registry of Deeds in Plan Book 509, Page 72. LOT 9 on a plan of land entitled, "Subdivision Plan of Land in Yarmouth, Massachusetts for Joseph J. & Dorthy P. Ryan Scale 1" - 50' April 15, 1980" drawn by R.J. O'Hearn, Inc., 1348 Route 134, East Dennis, Mass., which plan is recorded with the Barnstable County Registry of Deeds in Plan Book 345, Page 14. The above -described promisee are conveyed subject to and with the benefit of all rights, rights of way, easements, appurtenances, reservations and restrictions of record insofar as now in force and applicable. For title, see deed from J.J.R. Enterprises, Inc. to Grantor dated September, 1987 recorded with the Barnstable County Registry of Deeds in Book 5934, Page 085 and deed from J.J.R. Enterprises, Inc. to Grantor dated January 30, 1989 recorded in Book 6612, Page 192 and deed from Frederick A. Boy, Trustee of Reef Realty Trust II to Grantor of even date to be recorded with the Barnstable County Registry of Deeds herewith. EXECUTED UNDER SEAL this 3/' day f /%A , , 1995. ROBENT W.JOYCE RICK H. JO CE, In ARDITO 6WEENEr. BTUSSE ROBERTSON A pUPUY PC ATTOIRHLYL AT LAW WEST YARMOUTH 4ASS OIf73 TEL ISM) M-3433 BNO9693-0031 95-06-a1 3927 #026183 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 COMMONWEALTH OE MASSACHUSETTS Barnstable, 1,s15s T N 0 T " ^/ -3�e 1 1995 Then personA * appeared the abd'�Anamed Robert W. Joyce and Patric?) If. FJdy"b Jr.L and aoAcwl%dTgcS thb Fforegoing instrument to be their fie® qc$ and deed, befoEeornp, y Nota o, � a.�.ti,o T. ��, ��,�, •-x � My Commission Expires: i/�S1y BARNSTABLE REGISTRY OF DEEDS BOOK593-1 PIGS 085 NOT N0�466 J.J.R. Enterprises, Inc., A N A N a corporation duly eetabl ee-bur r }he�awioftpe State FlaglaE, I C I A L and having Its usual place o bu e a 3'Wi ow Street O P Y of Yarmouth. (South) , Barnstable County, Massachuae te, in coneideration o1 Two hundred forty thousa0,000.00) Dollars N O T grants to Robert W. Joyce and PA,trRk H. Joyce, Jr, , as tenants inAcogfon. O F FF I C I A L O F F I C I A L Of 28 Edgement Street, Roal'xndile}�p MAX and 2 Kings Row Drive, 0aa0DZniY, MA., with itrlglm cournantu the land in the Town of Yarmouth (South) , Barnstable Count, Massachusetts described as follows: Three parcels of land in the Town of Yarmouth, Barnstable County, Massachusetts, being shown as LOTS 8, 9 and 11 on Plan 80-2535A entitled "Subdivision Plan of Land in Yarmouth, Massachusetts, for Joseph J. and Dorothy P. Ryan Scale 1" - 50' November 17, 1980, Ira R. Thacher, Jr., 227 wood Road, South Yarmouth, Mass.", said plan being recorded in the Barnstable County Registry of Deeds in Plan Book 351, Page 84. The land herein conveyed is subject to Declaration of Restrictive Covenants imposed by Declaration dated December 30, 1980 recorded in the Barnstable County Registry of Deeds in Book 3234, Page 001, as amended. For title reference see Deed dated January 9, 1986 from Cape Associated Builders, Inc. to Grantor recorded in the Barnstable County Registry of Deeds in Book 4889, Page 020. Included in this sale is the right to use Valhalla Drive and Thora Lane for the purposes for which ways are used in the Town of Yarmouth. This conveyance does not include the fee in Valhalla Drive. Included in thin conveyance is the benefit of the easement over Lot 2 on Land Court Plan 25153E conveyed to the Longship Cove Aaaociation, Inc. by J.J.P. Enterprises, Inc. by Grant of Easement of even date and recorded herewith. In Ulfnrae 110t)rrraf thesaid J.J.R. Enterprises, Inc. hoe caused presents to be signed, acknowledged and delivered in its name and behalf by J. John Ryan Jr. , its President and Treasurer A4 hereto duly autbodied,this day of September in the year one thousand nine hundred and eighty-seven Signed and scaled in presence of 1 J.J.R. Enterprises, Inc. by P t an urer �t�lotemsonuu�kt tt� Barnstable sa. September /o IB 87 Then personally appeared the above named J . J , Ryan , Jr . and acknowledged the foregoing instrument to be the free sot and deed of the corporation J+ before me �u C�^60NWEALIH OF MASSSACHU``fTyyTS /1 Notary Puefie lJudie Of IA& Pt" 2 0� = My gomm'ssion expires 9- Zf 1BQp PIANOS! -___- ____ RCGO�G[D sEP 1s ez BAPA&IGE OM Cape Associated Suilpjer�9, �"T IICV I A L O F F I C I A a corporation duly established under ite 1pvs f rseachusetts C O P Y and having its usual place of business at B�x i560 of Mashpee, BarnstablM O T County, Massachusetts, inpndlerWLIon of one Hundred Thousand ($100,01kO.140) Dollars A N rest& to J. J. R. Ent6rETifbs1 10c.I aAFlr?,rida corpo®ataotF I C I A L C O P Y C O P Y of 105 Clubhouse Drive, Naples, Collier County, Florida with gttitdaim rautnasYte thetwddroc A certain parcel of land in the Town of Yarmouth, Barnstable County, Massachusetts, consisting of Lots 1-22, inclusive, and the fee in the roadways shown as Valhalla Drive and Thora Lane, all as shown on Plan 80-2535 A entitled, "Subdivision Plan of Land in Yarmouth, Massachusetts for Joseph J. and Dorothy P. Ryan Scale 1" - 50' November 17, 1980 Ira R. Thacher, Jr., 227 Wood Road, South Yarmouth, Mass.", said plan being recorded in the Barnstable County Registry of Deeds in Plan Book 351, Page 04. Tocether with all of Grantor's right title and interest in North Dennis Road, if any, including any rights that have or may accrue as a result of an abandonment by the County Commissioners of any part of North Dennis Road. Also together with all of Grantor's right, title and interest in and to the Grant of Easement from J. J. R. Enterprises, Inc. to Oceanaire Building Corporation dated November 2, 1983, recorded at the Barnstable County Registry of Deeds in Book 3918, Page 100, insofar as it is appurtenant to eaid Lots 1-22. The land herein conveyed is subject to Declaration of Restrictive Covenants imposed by Declaration dated December 30, 1980 recorded in the Barnstable County Registry of Deeds in Book 3234, Page 001. For title reference see Deed dated April 24, 1985, from Oceanaire Building Corporation to Grantor recorded in the Barnstable County Registry of Deeds in Book 4504, Page 315. For corporate authority see Certificate of Vote dated December 27, 1985, recorded in Book 4864, Page 003, (nw. a.00+...s-. a, J d-u pmi Cno-44w.'s obkrt'w%w M..,.tyay c Ju4...a a.e fwrs RAI,o-ad C, Cnee., Co,vlfaw�_ /3w�.. 3711, pull /off- �BS�000 h��fo ny Co,V. _ �e�w-1'421, Pa9L 1µ3 in #ttwas 94trtaf the said Cape Associated Builders, Inc. has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in ita name and behalf by Frederick L. Murray ite President hereto duly authorised, this day of January in the year one thousand nine hundred andeighty-sin N 4--:' Blanedand sealed inprownceof Cape Amoc4ated Buil i q"""�.b by Frederick L. Mu and Treasurer �Iscatttt�ktdttt�slcfk�i �` �'�� ��.�. Barnstable Be. January ,7--49 8 Then personally appeared the above named Frederick L. Murray, as aforesaid and acknowledged the foregoing inatrument to be the free act and deed of the Cape Associated Builders, Inc. before me m COMMONWEALTH OF MASSACHUSETTS log imp JAN 17 86 ,x m m= JAMi!"ie Z Z B. O O My commisaion expires 4 eoo�.45p4 PaGE 315 r3 4 n0% ti.. rC.• tip OCBANAIRE BUILDING CVPBRAfION, a Massachusetts c"pE)raltion A N A N of P. 0. Box 07:', LVarpoC�hIPAtL Barnstab-10 F F ICOCatylMAaAnsette to consideration of C 0 P Y C O P Y FIVE HUNDRED SEV£NTYVN$ T jOUSAND AND NO/100 ($57�y0�j0,Q0) DOLLARS U 'l 1V V 1 A N A N O F F (( I�� C Iyy A L O F F I C I A L grant to ASSOC&TEG-p BUILDtRS, INC., a MassachusetPts corporation of P. 0. Box 560, Mashpee, MA MA 02673 u•ilh quitclnint ctntpunnt8 2dxx6uukxet A certain parcel of land in the Town of Yarmouth, Barnstable County, Massachusetts, consisting of LOTS / - 22, inclu- sive, and the fee in the roadways shown as Valhalla Drive and Thora Lane, all as shown on Plan 80-2535A entitled, "Subdivision Plan of Land in Yarmouth, Massachusetts for Joseph J. & Dorothy P. Ryan Scale 1" = 50', November 17, 1980, Ira R. Thatcher, Jr., 227 Wood Road, South Yarmouth, MA", said plan being recorded in the Barnstable County Registry of Deeds in Plan Book 351 Page 84. Together with all of Grantor's right, title and interest in North Dennis Road, if any, including any rights that have or may accrue as a result of an abandonment by the County Cotrsnissioners of any part of North Dennis Road. 'Me land herein conveyed is subject to Declaration of Restrictive Covenants imposed by Grantor by Declaration dated December 30, 1980 recorded in the Barn- stable County Registry of Deeds in Book 3234, Page 001. For title reference, see deed recorded in Book 391t3 Page 98. This deed is given subject to three outstanding mortgages, which grantee hereby assumes and arirees to pay; (a) mortgage to Raymond C. Green & Carpany, Inc. with an outstandinq balance of $185,000.00, recorded in book 3413 ptrpe_!oa ,-tW da,,n 61, i (b) mortgage to J.J.R. Enterprises, Inc. with an outstanding principal Dt�ecf5. balance of $320,000.00, recorded TA doo/L,1/r A&1- 117 1`I 64h4 "��� . (c) mortgage to Santuit 4c" 1n f$4 Or-fVnd2. a I10 J11 o F t BJr� 0 0. r�ca ?%d- m �.`v� R P J j t►-� For authority, see vote recorded as TA*.0ment-No. 00596 in BookV37SFage27.,L 1#1 - Arts /_ C00�--X Fxecuted as a sealed inslrurnenl this Y ink.. f I ((f4v 1famrnctnfnrzi114 of iAssncEiuertte BARNSTABLE, ss April 24, 19 85 Then personally appeared the above named Frederick L. Murray, President and Treasurer aforesaid and ncknnwlydged the foregoing instrummt to In the /free an and deed, id Corporation Brforr me. 'Michael A. Dunning yppy �VGturr Public x 1Vxr�x9urx My commission expires March 14 ,i 19 86 i APR 26 65 24th day of April 19 85 _ OCCtEANAIRE BUILDING COjR�PORATION / By! Frecherick L. MArrAy, Pres. & Treas. 800r.39-g rf{ ©9B - NAONT OFFICIAL O F F �J A J. J. R. Enterprises, Inc9, 9 A.,Xda C a corporation duly established under thNla%) olf Florida N O 'I' and having its usual place of business atA N05 Clubhouse Drive A N of Naples, C0110rF F I C I A Qm` unty, ��r saC n&onJdeQiodofA Three Hundred Twenty Thoueano V3y ,000.00) Dollars C 0 P Y grantato oceanaire Building Corporation, a Massachusetts corporation, ofl White's Path, South Yarmouth, Barnstable County, Massachusetts ,A� tbw1caiAxx A certain parcel of land in the Town of Yarmo , -B'apr "61e County, Massachusetts, consisting of Lots 1-22, inclusive, and the fee in the roadways shown as Valhalla Drive and Thora Lane, all as shown on Plan 80-2535A entitled, "Subdivision Plan of Land in Yarmouth, Massachusetts for Joseph J. and Dorothy P. Ryan Scale 1" = 50' November 17, 1980 Ira R. Thacher, Jr., 227 Wood Road, South Yarmouth, Mass.", said plan being recorded in the Barnstable County Registry of Deeds in Plan Book 351, Page 84. Together with all of Grantor's right title and interest in North Dennis Road, if any, including any rights that have or may accrue as a result of an abandonment by the County Commissioners of any part of North Dennis Road. The land herein conveyed is subject to Declaration of Restrictive Covenants imposed by Grantor by Declaration dated December 30, 1980 recorded in the Barnstable County Registry of Deeds in Book 3234, Page 001. For title reference see Deed dated December 30, 1980, from Joseph J. Ryan et ux to Grantor recorded in the Barnstable County Registry of Deeds in Book 3217, Page 322. COMMONWEALTH OF MAS5ACHUSETTS m DE,E US 14 X `I5 b In Stint' lAliierrof the said J. J. R. Enterprises, Inc. has caused its corporate Beal to be hereto affixed and these presents to be liped, acknowiedged and delivered in its name and behalf by J. John Ryan, Jr., its Executive `Tice -President Aw hereto duly authorised, this Z "� day of Alo ve m be (L in the year one thousand nine hundred and eight - ree. Sige ad and sealed in presence of J . J . R . �.Ag2iri-�Pes C. n by J ohn y r. , cuti Vice -President Barnstable es' ^^ 1'a^ 1983 Them personally appeared the above named J. John Ryan, Jr. , as aforesaid end acknowledged the foregoing iastrumeut to be the free act and deed of the corporation J. J. R. Enterprises, Inc. before me 0 N Pr6lk My commission expires Sept. 21 lg90 ` N 0 T N 0 T A N A N 0 F C 0 P Y A o� 3�t$ uu 099A L 0 P Y N 0 T CERTIFICATE N 0 T FF A N 7 p A N I PAhdr� & �rnlgt44, do hereby 0cXt6y0 p Y A L THAT I am Secretary of J. J. R. Enterprises, Inc., a Florida corporation registered to do business in Massachusetts, that at a Special Meeting of the Stockholders of the corporation duly called and held at South Yarmouth, Massachusetts on October 11, 1983, the holders of all the stock issued and outstanding being present and voting, the following resolution was unanimously adopted: VOTED: That the Executive Vice -President is hereby authorized in the name and behalf of the corporation to sell the following described real estate to oceanaire Building Corporation for the sum of Three Hundred and Seventy-five Thousand ($375,000.00) Dollars: i "A parcel of land in the Town of Yarmouth, Barnstable County, Massachusetts, being shown as LOT 1, consisting of 40,470 square feet, more or less, on Plan No. 25153 B dated April 15, 1982 on file in the Land Court in Boston and entitled 'Subdivision Plan of Land in Yarmouth, Massachusetts Scale of Forty Feet To An Inch April 15, 1982 Ira R. Thacher, Jr., ' Reg. Land Surveyor 227 Wood Rd. -Box 382 So. Yarmouth, Mass. 02664.' A certain parcel of land in the Town of Yarmouth, Barnstable County, Massachusetts, consisting of Lots 1-22, inclusive, and the fee in the road- ways shown as Valhalla Drive and Thora Lane, all as shown on Plan 80-2535A entitled, 'Subdivision Plan of Land in Yarmouth, Massachusetts for Joseph J, and Dorothy P. Ryan Scale 1" n 50' November 17, 1980 Ira R. Thacher, Jr., 227 Wood Road, South Yarmouth, Mass.', said plan being recorded in the Barnstable County Registry of Deeds in Plan Book 351, Page 84." and to sign in the name and on behalf of the corporation, seal with the corporate seal, acknowledge and deliver, any deeds or other instruments necessary and proper to carry out the purpose and intent of this resolution. I further certify that the above vote has not bean"' ited,. ar,.,RF C A,.S' amended, rescinded or repealed, that the corporation k� . A II pMAII .,,Ar% organized corporation, that the foregoing vote is 1A !aL�Co ilu 9e .A.»,,. with the charter and by-laws of the corporation, tTrgay�t, ,�9 7Jo�-B�an, 1—Jr. , is the duly elected Executive Vice -President qI t1LB'f}+�3orb- tion and that I am the duly elected Secretary of the'c�r ion. Dated Dated at H is, Mr.s husetts this 2r�'� day qY yovre✓�b�rEY� 1983. Attest: A true cop Secretary Attest: Executive Vice -President REOH Nov 83 N 0 T A N O F I A L ae(y = N O T We, Joseph J. ta,F, agd �rehl PA PLyan, C 0 P y Of 105 Clubhouse Drive, Naples, Collier in consideration of One Dollar ($1.00) -- N 0�1�T 0 F F I '52l# L C O P y N 0 T husban6 apd 1pi P, C I A L C 0 P y County F for i d a Gwx 4% AiazKwkwmtt.% grant to J. J. R. Enterprises, Inc., a corporatiun of the ,taLe of Florida with its principal office at 105 Clubhouse Drive, Naples, Collier County, Florida mix with qutuletm roenunfe tbx "ndx kU A certain parcel of land in the Town of Yarmouth, Barnstable County, Massachusetts, as shown on a plan of land entitled, "Plan of land - Yarmouth, Mean., as surveyed for Stephen A. and Mary L. Canty, Scale 1" = BO', July, 1947, Whitney h Bassett, Architects k Engineers - Hyannis, Mass." said plan of land recorded at Barnstable Deeds in Plan Book 162, Page 19, said parcel bounded and described as follows: Commencing at the Northeasterly portiun of the granted promisee at the Southerly side of Driftwood Lane, a Town Way, which point is shown on "Plan of Driftwood Lane" being Sheet 2 of said plan recorded in Plan Book 115, Page 153, Barnstable Registry of Deeds. THENCE, South 201 35' 30" West on shown an first -mentioned plan to a concrete bound as shown on said "Canty" plan; THENCE, North 790 08' 30'West, a distance of Four hundred thirty- eight and 24/100 (430.24) feet to an iron pipe as shown on said plan; THENCE, continuing Northwesterly North 16' 25' 10" West a distance of Three hundred twenty-three and 06/100 (323.06) feet to a cement bound as shown on said plate; THENCE, Southweaterly South 180 12' 40" West a distance of One hundre fifty-six and 53/100 (156.53) feet to an iron pipe as shown on said plan; THENCE, continuing on said course a distance of Five hundred forty- eight and 97/1DO (548.97) feet to an iron pipe as shown an said plan; THENCE, continuing Southwesterly South 140 03' 00" West a distance of One Hundred sixty-four and 19/100 (164.19) foot to an iron pipe as shown on said plan; THENCE, turning and running Southwesterly South 8B° 44' 10" West e distance of Two hundred forty-five and 39/100 (245.39) feet t� tin iron pirn aq Ahotn on said plan; THENCE, Northwesterly North 79 35' DO" West a distance of Four hundred nineteen and 31/100 (419.31) feet to North Dennis Road and a concrete bound as shown on said plan; THENCE, Northwesterly North 30 11' 50" West by North Dennis Road a distance of One hundred sixty-eight and 36/100 (168.36) Feet as shown on said plan; THENCE, Northeasterly North 23° Ol' 50" East still by North Dennis Road a distance of Two hundred forty-eight and 42/1D0 (248.42) feet to a concrete bound as shown on said plans THENCE, Northeasterly still by North Dennis Road North 7° 02' 00" i{( East a distance of Eight -six and 60/100 (86.60) feet to a concrete bound as shown an said plena THENCE, Northwesterly North 20 17' 30" West a distance of Seventy- eight and 52/100 (78.52) feet by North Dennis Road to a con- crete bound as shown on said plan; i __ I 1 N O T N O T THENCE, Northwestsrly f�pr 31 37' 20" West by North nerf4is Road a diater}�e f evlen -- v'Yd 98/100 (now or Ord eI cgreVete r bound s h npn lgs'�Tjj to land now oror/rfe113 y f He`rber J. Kaiser a s w o said plan; BO0K82 P:OE 321 Together with all of o r o" title and interest in N t Dennis Road, if any, including any t that have or may accrue �,r�a It of an abandonment by the Coun mmiosioners of any pert of o h Dennis Road. O F F C I A L O F F I C I A L THENCE, Northeaster{y " rPh Yb 41' 10" East by lancP-ncQ rg fyirmerly of Herbert J. Kaiser a distance of Four hundred seventy-seven and 72/100 (477.72) feet to a concrete bound as shown on said plan; THENCE, turning and running Southeasterly by land now or formerly of Harbert J. Kaiser South 75o 01, 10" East a distance of Seven hundred seventy-eight and 85/100 (778.85) feet to a concrete bound as shown on said plan; THENCE, continuing Southeasterly South 770 47' 50" East by land now o formerly of Herbert J. Kaiser a distance of Seven hundred acaventy-two and 89/100 (772.89) feet to a concrete bound, cs shown on said plan; THENCE, to the Southern side of Driftwood Lane, a Town Way, shown in Plan Book 115, Page 153; THENCE, by the Southern side of Driftwood Lane approximately One hundred.(lnD) feet to the point of beginning. Being all of the land South of Driftwood Lane as shown on Plan in Plan Book 115, Page 153, and as shown on the plan entitled, "Canty Plan" hereinbefors referred to. For our title see deed dated August 7, 1962 from Nary L. Canty to us recorded in the Barnstable County Registry of Deeds in Book 1168, Page 170. The consideration for this conveyance is lose than One Hundred Dollars ($100.00). I N 0 T A N O F F I C I A L C 0 bBKV17P:CE 324 N 0 T A N O F F I C I A L C 0 P Y Executed as a sealed instrument this I $ Z:� N 0 T A N O F F I C I A L C 0 P Y N 0 T A N O F F I C I A L C 0 P Y day or �EGta �/Z 19 80 seph J• Ryan Dorothy yen �1t�0It111lQ11IUEliZQt D�t�tt1SCfL$ Barnstable as. -be cc&Kbert 3A 146 Then personally appeared the above named Joseph J. Ryan and Dorothy, and acknowledged the foregoing instrument to be th it free act annpd deed, �' ;'r�• •� Eafm me. Nafmp PoW/!.�- My commission expires 0 c t 6 Rc'u EEC DEC 3180 1168 170 d 3 z La 3 o t- a w � z u~i - z 0 a � W o 01* t', o X N 0 T N 0 T thence southerlx fe f tn%l oLsaid Searse g> y 8eetAtLthe point of b i i OrP iY t e coned bou C 0 P Y Being the same premises conveyed to me by Manuel Robello, by deed dated June 22, 1962, dNl.y()r'erorded with Barnstable Countyeepistry of Deeds, book 1163, page �7.4. AT N T Neither revenue0nd� -RatTe CaciTseAstImps are her®toFaifix6dCasrnoAe lure required by law. C O P Y C O P Y 1, Emeline N. Whitcomb, wkKdkcdk of said grantor, Carter Whitcomb tdesse to said grantee all rights of dower � d UU'' Mand other interests therein. Milntoo.-..mar. hands and seals this ............. 31s t......... ..day of........Ju�,.................... 19....._42. ....................... _................................................. ...... Milt CanutatonnrPalifl At ilk—fluntiis Barnstable, ss. July 31, 19 62. Then personally appeared the above named CARTER WHITCOMB and acknowledged the foregoing instrument to be h i s free act d dew, beforeme �� . Edwin S. Mycock- noun eut sly c mmusim c Pkft Novem er 10, 19 62. 'iarnstable, ss., Received August 8, 1962, and is rLeorded. 1, KA2Y L. CANTY, being an unremarried widow, of Yarmouth (South), Barnstable County, Commonwealth of Massachusetts, for consideration paid grant to JOSEPH J. RYAN and DOROTHY P. RYAN, husband and wife as Tenants by the Entiraty, both of farmouth (South), Barnstable County, Commonwealth of Massachusetts, with QUITCLAIM COVENANTS the land in Yarmouth (South), Barnstable County, Commonwealth of Massachusetts, bounded and described as follows: PARCEL ONE - Being Registered Land SOUTHWESTERLY by the Northeasterly line of Driftwood Lane, for a distance of Two hundred seventeen and 20/100 (217.20) feet; NORTHWESTERLY by land now or formerly of Herbert J. Kaiser measuring on the upland approximately Four hundred seventy-four and 00/100 (474.00) feet NORTHEASTERLY by Follins Pond; STABLE SOUTHEASTERLY by lAdlJow or formerly of Stephen A.AcNty O Fealim?s i�ig upland Floe LRur�re1 tTy Cx- �j8 f e (5n 0 10b 65,00) feet. C O P Y IIBS Vloiiy( A11 of said boundaries, except the water line, are a erm�iined 7 rr 1' by the Court to be located&STshown on Plan No. 25153-A t dame 7 •i being compiled from a plsA cq awn by Whitney & Bassett, E i 7� dated March, l9 , n N R;01f1 > ers, i? t951,,andad?it1rogwI file in the Land i ra ia npQrtstoton ofllwhas icgo�fXdeyand approved by the C rtcy of a 3 In Barnstable County Registry of Deeds In Land Registration Book �•r No. 127, Page 60, with Certificate of Title No. 17360, ryI The land herein registered is subject to restrictions as set forth in two deeds given by Hdrbert J. Kaiser; one to Abram R. Anthony et ux dated August 31, 1951, duly recorded in Barnstable Deeds In Book 793, Page 47, and the other to Jennie J. Gagen, dated August 31, 1953, recorded in said Deeds In Book 853, Page 3 The land registered is subject to pole easements as set forth In two grants made by Charles M. Bray; one to the Marconi Telegrapli Cable Co., Inc., dated June 11, 1915, duly recorded in Book 360, Page 487, and the other to Buzzards Bay Electric Co. duly recorded Augu•s/ntlp,, 191%8, in o 362, Page 318. kkLk PARCEL TWO " A certain parcel bf land as shown on a plan of land entitled, Plan of land -Yarmouth Mass., as surveyed for Stephen A. and Mary L. Canty, Scale 14 � 80;, July, 1947, Whitney E Bassett, Architects b Engineers - Hyannis, Mass," said plan of land recorde at Barnstable Deeds in Plan Boo k�Page/0 , said parcel bounde and described as follows: 1 Commencing at the Northeasterly portion of the granted premises at the Southerly side of Driftwood Lane, a Town Way, which point is shown on 'Plan of Driftwood LaneO being Sheet 2 of said plan recorded in Plan Book 115, Page 153, Barnstable Registry of Deeds. THENCE, South 200 35r 30" West as shown on first -mentioned plan to a•concrete bound as shown on said slCanty"plan; THENCE, North 790 081 30" West, a distance of Four hundred thirty-eight and 24/100 (436.24) feet to an iron pipe as shown on said plan; THENCE, continuing Northwesterly North 760 �5T 10" West a distance of Three hundred twenty-three and 06/100 (323.06) feet to a cement bound as shown on said plan THENCE-, Southwesterly South 180 12f 40" West a distance of One hundred fifty-six and 53/100 (156.53) feet to an Iron pipe as shown on said plan; THENCE, continuing on said course a distance of Five hundred forty-eight and 97/100 (548.97) feet to an iron pipe as shown on said plan; THENCE, continuing Southwesterly South 140 03t 00" West a distance of One hundred sixty-four and 19/100 (164.19 feet to an iron pipe as shown on said plan; THENCE, turning and running Southwesterly South 880 44' 10" West a distance of Two hundred forty-five and 39/100 (245.39) feet to an iron pipe as shown on said plan; THENCE, Northwesterly North 790 351 00" West a distance of Four hundred nineteen and 31/100 (419.31) feet to North Dennis Road and a concrete bound as shown on said plan; THENCE, Northwesterly North 30 111 50" West by North Dennis Road a distance of One hundred sixty-eight and 36/100 06B.36) feet as shown on said plan; m A,0 T - THNC,srlyorttl 23o f�� o[�41R4.d stance oOt t by r th n1(248.42) feet to cd aB shoo 1188 f on said plan; N T 1 2 1 THENCE, Nsterly still by North DenrASARO d North O F FC12P 0Ems$ a .distancerpfelph-0Y x rX /100 b fiQi e t a concrete o nd s a wnYo s d pl THENCE, Northwesterly North 260 171 P" West a distance of Seventy-eight and 52/10o (78.52) feet by North Denni Road to a concrete bound as shown on said plan; THENCE, Northwesterly North 370 371 20" Ifest by North'Dennis Road a distance of Seventy-two.and 98/100 (72.98) feet to a concrete bound as sho4in on said plan to Is now or formerly of Herbert J. Kaiser as shown on sal plan; Together with all of my right title and'interest in North Dennis Road, if any, including any rights that have or may accrue as a result of an abandonment by the County Commissioners of any part of North Dennis Road. THENCE, Northeasterly North 80 kif 10" East by land now or formerly of Herbert J. Kaiser a distance of Four hundred seventy-seven and 72/100 (477,72) feet to a concrete bound as shown on said plan; THENCE, turning'and running Southeasterly by land now or formerly of Herbert J. Kaiser South 750 Olt low East a dtstance of Seven hundred seventy-eight and 85/100 (778;65) feet to a concrete bound as shown on said plan; THENCE, cdntinuing Southeasterly South 770 47r 50" East by land now or formerly of Herbert J. Kalsev a distance of Seven hundred seventy-two.and 89/100 •(772.89) feet to a concrete bound, as shown on said plan; THENCE, to the Southern side of Driftwood Lane, a Town Way, shown in Plan Book 115, Page 153; THENCE, by the Southern side of Driftwood Lane approximately One hundred (100) feet to the point of beginning, Being all of the land South of Driftwood Lane as shown on Plan In Plan Book 115, Page 153, and as shown on the plan entitled "Canty PIan" hereinbefore referred to. For ray title see deed from Edmund Fruean, Jr. et ux to Stephen A. Canty (deceased) and myself recorded. in Book 621, Page 1, Barnstable Deeds. WITNESS my hand and seal this �� day of August, 1962. COMMONWEALTH OF MASSACHUSETTS lw Barnstable, ss August 7 , 1962 Then personally appeared the above named MARY L. CANTY and acknowledged the foregoing instrument to be her free act and deed, before me, ) n My commission expiresi 45�1_1 �*Pl N O T N Barnstable, ss., Rq3etve(PA1g pt �, },9�, and is r�5o,1e I C O 0 T WE, JOSEPH J. RYAN andADaiOTHY P. RYAN, husband and AfeN O F F I C I A L 0 F F I C I as Tenants by the EntireV,0bdi4h yf Yarmouth (South), BaCcs6abi e y County, Commonwealth of Massachusetts, for consideration paid grant to MARY L. CANTY, of Yarmouth (South), Barnstable County; Commonwealth of Massachusetts, with MORTGAGE COVENANTS, to secure the payment of SIX THOUSAND and 00/100 ($6,000.00) dollars In TWO (2) years with no per centum interest, as provided in our note of even date, the land in Yarmouth (South), Barnstable County, Commonwealth of Massachusetts, bounded and described as follows: PARCEL ONE - Being Registered Land SOUTHWESTERLY by the Northeasterly line of Driftwood Lane, for a distance of Two hundred seventeen and 201100 (217.20) feet; NORTHWESTERLY by land now or formerly of Herbert J. Kaiser measuring on the upland approximately Four hundred seventy-four and 00/100 (474.00) feet; NORTHEASTERLY by FolIins Pond; SOUTHEASTERLY by land now or formerly of Stephen A. Canty et al measurin on upland Five hundred sixty-five and 00/100 (9650.00) feet. All of said boundaries, except the water line, are determined by the Court to he Iocated as shown on Plan No. 25153-A, the same being compiled from a plan drawn by Whitney d Bassett, Engineers, dated March, 1949, and November 12, 1954, and additional data on file In the Land Registration Office in Boston all as modified and approved by the Court, a copy of a portion of which is filed in Barnstable County Registry of Deeds In Land Registration Book No. 127, Page 60, with Certificate of Title No. 17360. 0 T N C I A L P Y 1188 MR The land herein registered is subject to restrictions as set forth in two deeds given by Herbert J. Kaiser; one to Abram R. Anthony et ux dated August 31, 1951, duly recorded In Barnstable Deeds in Book 793, Page 47, and the other to Jennie J, Gagen, dated August 31, 1953, recorded in said Deeds in Book 853, Page 32 . The land registered is subject to pole easements as set forth in two grants made by Charles M. Bray; one to the Marconi Telegrap Cable Co., Inc., dated June IZ, 1915, duly recorded in Book 360, Page 487, and the other to Buzzards Bay EIectric Co. duly recorded August 10, 1918, in Book 362, Page 318. PARCEL TWO A certain parcel of land as shown on a plan of land entitled, "Plan of land -Yarmouth Mass., as serve ed for Stephen A. and Mary L. Canty, Scale 11, x 60�, July, 19�7, Whitney d Bassett, Architects S Engineers - Hyannis, Mass. said plan of land recorde at Barnstable Deeds in Plan Boolk{L-k, Page , said parcel bounds and described as follows: .. rxE on�eE o• OLD L HAYES. ]E. rTO-F—T-4 HTAHMI,. MA,,. 173 46 Nickerson Farm Way, South Yarmouth MA (Map 118, Parcel 23.3) C9 N O N Q7 0 0 °' m m N co mC) tea` O O cz z rn4 m0 _$ � O a O� co CO mIt >� m O CO o d � CD CDm Ol a } m O 0 0 p p F N m m N 4 0. a U � N > as v onV Q m o og Ica mWU �C4 -e v aaaa} $gg ] o p Cl)U CD N m m m m U m $ � N Q N N C7 V Q N rco Nd m - a U m m a j 0-0 0-0 O O p 0 0 m m > > J N U O O 7 (� Y J Co J m N co cn (� > fa (c�� > � Q m m > 0. m .O > N 6aD 0 M N O W n V } N m X O �CC o000 -a a O a a r0 U � t6 ww C. mOO O -p �f+? O.F4 'c ° N�_ Q 00� ~ fN Cj coqL > 0000 Z N N 60i Q Q Q (0 F (L C V O E d c m 60 O c 'a N X O U z L) F- o or U S � C) °FnU a CN O N U (N 7i S U r go Q Z Q Z O pp OOO R O O LO U w z is Q ° C LO LO L > o F a F F > a F ^_ V7 J ppBS 00 N OO CL9 sSS m in C-4 ao a (i ° C 8 04 N N � 2 d 88 Sg n ((p� O i A V O m 0 N S 8 s m CD O V 0 �j M 00 C z C (D Q 7 N 0 N C Q Q pq n0p cop W� Znrn �I o Q OOCJ �oo w o ° 0-2w �2'it❑ W � N04 C C Y ,Q] Q� w d NU U' z a _�$ 'phS � m0 Y �l Q Err- .Q Z Z C O U o c 3: N _ j Q a w N LLI W Z) ?� U O 11 mNrnmO 0 0 0 0 �C U LLLLLL w W W ][ S Q Y Z Q� a- S r2 O cn m ° N�d4��d N N N N ° J J J 0 z_zz WOW Y �O 2 Y Y � W Q Z O m z a Q Z O U Z' O C7 J Q. LL a - O O O Fw W L% d O $x 41 04 QI Q1 $g y ° X v Y d } m a u5 2 N b tb m r .4 i N N N N LL N m L a O LL ^' e Y CJ i � j 8 j V m a) Uc � L 7 V tfi C U U Ln O op � cx Q U CC O W N a chOO NMtiaO LO -TOCn 00 LA U L r �o�t �5x0 cc }Eo0 Uy ,?� roao�S V —U N N ao �Il iO lL JCC oa U S a �1 pOaO> oO f0 QUU O O 3 N N W N 7 U 71 Gl .H .N m }tilpfY}piL FUUa2'ppiiUU 25 LL m c00000 co } N N Ocl cmi C S S E 4 + L o (n U ¢ LL F m a Chap zU(9 UQ � Z J ] J U LL c '4 }- [n U r � OO�r v MO MOo N �09o� NAM o0 p LL5gj m3 C� F c N N H � ca @ `N €mLL N C U F _ LL U Y IL m (DLL❑ LL mm2X�cn c CLL U di �i Cl 47 U O O O O O �0 -pN o UC7 T a m CD O p 0) U)Owwa:of c c c c2S<F2 mY CQ LL LLlLy Bk 29541 Po 100 �14�77 03-29-2016 a 1 :1 = 22P MASSACHUSETTS STATE EXCISE TAX N 0 T N O TBARNSTABLE COUNTY REGISTRY OF DEEDS A N A N Date: 03-29-2016 a 01:22Rm CttlY: 920 Dor_Q: 14877 O F F I C I A L O F F I C A 401.92 Cons: $176rO00.00 C O P Y C O P Y BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS N 0 T N 0 T Date: 03-29-2s116 .9 01:22Pm A N A N Ct).-': 920 Doc': 14-977 Fee: 4.475.20 Cons: $176r000.00 O F F I C I A L O F F I C I A L C O P Y C O P Y Quitclaim Deed We, T. Vamum Philbrook, a married man, of 107 Beach St., Dennis, MA 02638, and Kelley C. Philbrook, a married man, of 38 Wright's Lane, Glastonbury, CT 06330 in consideration of One Hundred Seventy -Six Thousand and 00/100 ($176,000.00) paid GRANT TO Aliaksei Kuharenka, an unmarried man, of 564 West Yarmouth Road, West Yarmouth, MA 02673 With QUITCLAIM COVENANTS The land, situated in Yarmouth (South), Barnstable County, Massachusetts, bounded and described as follows: Lot 1 on a plan of land prepared for T. Varnum Philbrook and Kelley C. Philbrook dated May 29, 2003 in Plan Book 584, Page 96. This Deed releases any and all homestead rights created either automatically by operation of law or by a written declaration that is recorded. The Grantor waives any and all rights of Homestead in and to the premises conveyed hereby and warrants under the pains and penalties of perjury and that there are no persons entitled to any rights of Homestead under M.G.L. c. 188 because it is not the principal residence of the grantor or his spouse in the premises conveyed by this deed. Bk 29541 Pg101 #14877 For GrantoPs �WT, see deed dated 12/12/202 RnaTrecorded with the Barnstabld''C&nttyy Re istry of Deeds at BA &070, Page 243. OFFI C r A OF, I CIAL C O P Y C O P Y N 0 T N 0 T PROPERTY ADDRESS; V ]Nickerson Farm Way, S. Yam)puhi, MA 02675 O F F I C I A L O F F I C I A L C O P Y C O P Y Bk 29541 Pg102 #14877 Executed as a sealed inAigeN this 18th day of March, 2*119. T A N A N O F F I C I A L O F F I C I A L 0 P Y C O P Y 0—T N O T -fi T. Varnum Philbrook A N A N O F F I C I A L O F F I C I A L f\ _ Orl? Y C 0 P Y Kelley C. P 'lbrook COMMONWEALTH OF MASSACHUSETTS Barnstable, SS. On this 18th day of March, 2016 before me, the undersigned notary public, personally appeared T. Varnum Philbrook and Kelley C. Philbrook, proved to me through satisfactory evidence of identification, which were Y 1 -U-, to be the person(s) 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 his/her/their knowledge and belief, and tAt this was his/her/their free act and deed. ary Public: My commission expires: [@7)DDYecember URA A. GUINDON otary Public NWEALTH Of MASSACHUSETTS COMMISSIon Expires 18, 2(121) BARNSTABLE REOISTRY OF DEEDS John F. Meade, Register Gi U ; 0 W w W J Bk 16070 P9243 0113296 W,rl Q 1a N 4 T 1N 012--2002 & 01 n 56va �W ASV A N 0 W Q F F I I A L O F F I C I A L WC;0) �J 0 Y C O P Y re 5 1, AUDREYS. TODD, surviving tenant O byth entirety, of Yarmouth (South), BarnstableOCounty Massachusetts in consi ration of Four Hundred Twenty -Five Thou4A and 00/100 ($425,000.001AI s aid, rant to 1'. VARNUM $'1-I�1LBRDO'K Land KELftIF C. P > I A, as tenants in common, both W010'Beach Street, Dennis, �4R 9268 with QUITCLAIM COVENANTS the land, together with the buildings thereon, situated in Yarmouth (South), Barnstable County, Massachusetts, described as follows: o o Being Lot 20. containing 21,401 square feet; Lot 21, containing 20,496 < square feet; and Lot 22 containing 199,775 square feet, as shown on plan entitled �9 "Subdivision Plan of Land in Yarmouth, Mass. for Alexander C. & Audrey S. i Todd, Jr. being a re -division of Lot 19 as shown on Land Court Plan 39446A E0 Scale 1 " = 40' March 4, 1980 George Low & Co. Yarmouthport, Mass." recorded with Barnstable County Registry of Deeds in Plan Book 345, Page 89. Subject to and with the benefit of a utility easement running in favor of 0 Cape & Vineyard Electric Company et al recorded in Book 1523, Page 1060; and a water easement running in favor of Town of Yarmouth recorded in Book 1546, o Page 16, x g For title, reference is made to Decree of Confirmation recorded in Book v3028, Page 291, and to deed from Alfred LaPlante and Augusta LaPlant to A Alexander C. Todd, Jr. and Audrey S. Todd recorded in Book 1139 Page 333. Y Alexander C. Todd, Jr. died Mav 20, 2002. Reference is made to death certificate zand estate tax affidavit to be recorded herewith 0 i Property Address: 140 North Dennis Road, South Yarmouth, MA 02664. a� Executed as a sealed instrument this day of December, 2002, a o Audrey S. odd RAR00LE TY REGISTRY 0 DS COMMONWEALTH OF MASSACHUSETTS COUNTY EXC - AX ,_______,.____ _____Barnstable, ss. December 4, 2002 Then personally appeared the above named Audrey S. Todd "INlr,f,11 ,•�` NAY 'h, . ►eknowledged the foregoing instrument to be her free act and deed, before me,�� DATE 12.12,'02 T#lU v��.•••""•�,,* �'� TAX $969.00 10TAL $9, , 00 � .. �iohn C. Creney � :, / � �'�,�`•' { CASH $969.00 Notary Public ', + v�tss CLERK 1 NO.035423gy commission expires: June 13, 2008 BARNSTABLE REGISTRY OF DEEPS TIME 14:44 1111 Nj�0 T N 0 T At itlihuso tOrrenfO t. std 7rhe �/argharq, Sayings Bank O � �,, I C I A L ��59 has caused its corporate seal to be hereto afiQired ad Re4resents to be signed in lrs name a1@ b0alf$iy Y 333 Edward A. Besse 1N "dent this 1st December A• 10111b1F I C I A L O A L C 0 P Y N� 'tom ��•• Pj t:,�t�ti .._............_.-._..._ THE.WAUHAM SAVINGS BANI'�It�1. V:r" b President 04V alatutrillLLWrB114 DP Iffllifillar4ugetta Plymouth $a. December 1, 1961 Then personally appeared the above named Edward A. Besse, president and acknowledged the foregoing instrument to be the free ect and deed of The Wareham $av �cfore me csre,ej Name pw, .-arbt 71 I r MY comm[ruian esDlm May 26, 1967 r Barnstable, ss., Received December 6, 1961, and is recorded. We, ALFRED LaPLANTE and AUGUSTA LaPLANTE, husband and wife, as tenants by the entirety, both of Yarmouth, Barnstable County, Massachusetts, for consideration paid, grant to ALEXANDER C. TODD, JR. and AUDREY S. TODD, husband and wife, as tenants by the entirety, both of 121 North Main Street, Yarmouth (South), Barnstable County, Massachusetts, s X& with to Urt8tut rAUPnants the land in said Yarmouth, together with the buildings thereon, located on the Westerly side of Forth Dennis DRoar, boun`ande�Tescribed as follows: NORTHERLY by Land of Stephen A. and Mary Canty, as shown on'plan hereinafter mentioned, Six Hundred Sixty -Four and ZZA00 (664.22) feet; EASTERLY by lands of Driftwood Properties, Inc. , Robert Crane st ux, Seymour Woodwood et ux, Clement L. Melanson, as shown on said plan, One Thousand Two Hundred Sixty -Two and 04/LQ0 (1262. 04) feet; SOUTHERLY by other Land of the Grantors, as shown on said plan, Three Hundred Sixty -Eight and 59/100 (368.59) feet; and WESTERLY by the North Dennis Road, as shown on said plan, One Thousand Three Hundred Two and 0ZA00 (130Z. OZ) feet. Containing an area of 14.9 acres and shown on plan entitbed:' Plan of Land in Yarmouth, Mass. for Alfred & Augusta LaPlante, Scale: P = 801, February 196L, Gerald A. Mercer & Co. , Inc., Engineers", which said plan is to be duly N 0 T N 0 T A N A N filed herewith irGh('BFnslab0 CjpurAy Ipgistry of DcGdsF F I C I A L 1139 C O P Y C O P Y For the Grantbra' title see deed from Lavaughney G. Nickerson dated ,334 November 1, 1954, duly 11c®dq in said Registry of Deeds in lqo* 8i 9 Page 515. A N A N { F I C I A.L O F F I C I A L I 3 � o � #�asbatsd �xud,grxrz!>� a �wi5r�c 0 � txinssot�ac�aikai�tsn# r'�N�adbsrnciQmar�tst4l>�is a � ai�fittte n...-0um.•.hands and seal a this ................ .................day of.......P.fMQ b.9X............ 19.ft1.,. z (n ..................................................... I., .................... .... . ZZ 'e4- '.... .... .. ....... n 1ed I aPLante Augusta LaPlante -..................................................................I............................ ........................... I ............... ..... � � �ffe fQtttlmtanuttxlYli of liiattsacllttetettA Barnstable ss. December G' G'19 61 Then personally appeared the above named Alfred LaPLante and Augusta LaPlarlte and acknowledged the foregoing instrument to be their ct deed, bef a me �"'' ��, ypiY'ni�i f;ARtrt9,R'ut.w Notary Pubtit--i®t�ryE3 � co +lsY LIH OF f�tA55A;1'i 3u t3 Mr rom ;uioa espim Dc.q 196 r. _N nt Tmmts—Tenants in Common —Tenants by the Entirety.) Barnstable, ss., Received December 6, 1961, and is recorded. We, ALEXANDER C. TODD, JR. and AUDREY S. TODD, husband and wife, as tenants by the entirety, both of .(&oath)Barnstahle __^— County, Masaachwctts,*Mk�cr consideration paid, grant to the HYANNIS CO-OPERATIVE BANK situated in Hyannis, Barnstable County, Massachusetts with MORTGAGE COVENANTS, to secure the payment of Dollars with interest thereon, payable in fixed monthly installments on _ tI? _shy of each month hereafter, which payments shall first be applied to interest then due and the balance therrof remaining applied to principal; the interest to be computed monthly in advance on the unpaid balance, together with such fines on interest and principal in arrears as are provided for by said bank; with the right to make additional payments 00 on account of said principal sum at any time, except as set forth below; and subject to changes, from time to time, on as provided by General Lawn, Chapter 170, Section 24, Sub -section 8, as amended, q N all as provided in. nnr _ ^ore of even date, and such further sums as may be advanced by bY _..�, m m N 0 T A N O F F I C I A L C 0 P Y N 0 T A N 0 F F 5"' AcA 291 C N C ORMATION N 0 T A N O F F I C I A L C 0 P Y N 0 T A N O F F I C I A L C 0 P Y 34511 (;OMMONWEALTH OF MASSACHUSETTS LAND COURT I)LIIAR'I'MIXY O1+'I'hlfi 1RIAL COURT in the Matter of the Petition of Alexander C. Todd, Jr. et ux for conflrmatlon without registration of title under the provisions of Chapter 185 of the General Laws (Ter. i?d,) numbered 391+ after consideration, the Court doth adjudge and decree that on October 5, 1977 at 10 o'clock A.M. said Alexander C. Todd Jr. and Audrey S. Todd, husband and wife, of Yarmouth In the County of Barnstable and Commonwealth of Massachusetts Asix were the ownefin fec simple as tenants by the entirety of that certain parcel of land situate in Yarmouth In the County of Barnstable and Commonwealth of Massachusetts bounded and doscribed as follows westerly by Borth Dem)is Road four hundred seventy-seven and 66/loo (477.69)0 Northerly one hundred fifty-five and 80/100 (155.80) feet, westerly one hundred twenty-five (125) teat, and Southerly one hundred seventy-four and 33/100 (174.33) feat by land now or formerly of Frances E. Conners; westerly by North Dennis 11) ad, six hundred ninety-eight and an Northerly by siixxdhunddred sixtyow or -threennJggand e99/100�(663-99)lfeet; Easterly by slandis ixty-txoaa�rtd7ry j1p01(1262 17)rfeet;elandhdred Southerly by land now or formerly of Edward 0. Dolby et a1, three hundred sixty-eight and 61/lOO (368.61) feet. I'WtM t.CD•15A IM 2.70 N 0 T A N 0 F F I C I C 0 P Y N 0 T A N A L O F F I ,C I A L C 0 P Y N A N O T O F C 0 ME 2" N 0 T A N O F F I C I A L C 0 P Y There is excepted and excluded from the operation of this decree a parcel of land shown on said plan as "Forest S. Whits at al" bounded as follorsi Easterly by the centerline of Nickerson Farm Way, one hundred Southerly twenty-eight and 97/100 (128.97) feet; by the canterline of Fiat Rock Way, one hundred Westerly fifty (150) feetj by a line in Flat Rock Way and by lot 1 , one hundred sixty-one and 95/100 (161.95� feetj and Northerly by lot 18 and by a line in Nickerson Farm Way, one hundred sixty-one and 74/100 (161.74) feet. Said land is shown on a plan drawn by George Low and Co., Surveyors dated November 2, 1976, filed in the Land Court, a copy of a port;on of Which will be filed at the Registry of Deeds with the copy of this decree, and shown thereon as lots 1 through 19 inclusive, Old Colony Way, Nickerson Farm Way and Flat Rock Way. Said land is subject to a covenant and agreement between Alexander C. Todd, Jr. at ux and Planning Board of the Town of Yarmouth, dated Xay 12, 1971, duly recorded in Book 1514, Page 212. Said land is subject to a covenant and agresamst between Alexander C. Todd, Jr. at ux and Planning Board of the Town of Yaralouth, dated VAy 11, 1971 duly recorded in Book 1514, Page 214, so far as now in force and applicable. -2- Conf. 394" N 0 T A N O F F I C I A L C 0 P Y uoxsw a 293 O F F I C I A L C 0 P Y N 0 T A N O F F I C I A L C 0 P Y N 0 T A N O F F I C I A L C 0 P Y r Said land is subject to and has the benefit of rt4trictions set forth in a deed given by Alexander C. Todd, Jr. at ux to Forr st Z. White at ux, dated January 6, 1972, duly recorded in Book 1563, Page 339, as amended by an instrument dated MY 3, 1972, duly recorded in Book 1644, Page 251. Said land is subject to the easement set forth in two grants made by Alexander C. Todd, Jr. at ux, one to Cabe m Vineyard Zlectric Company (now Now Bedford Gas and Edison Eight Coaq►aryr} and Now land Telephone and Telegraph Company, dated August 17! 1971, duly recorded in Book 1523 Page 1060, and one to the Inhabitants of t11a Town of Yarmouth, dated October 12p 1971, duly recorded in Book 1546, Page 16. So much of said land as is inaluded within the limits of said Old Colony Way Nickerson Farm Way and Flat Rock Way is subject to the rights of ail persons lawfully entitled thereto in and over the same. There is appurtenant to said land the right to use those portions of said Nickerson Farm Way and Flat Rock Way that abut the land shown as "Forest E. White at a " for all purposes for which rights of way are commonly used in Yarmouth to and from locus and North Dennis Road in common with others anttled thereto. -3- Conf. 39446 N O T N O 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 0GX3 $i':Gt: M4 N O T A N A N O F F I C I A L O F F I C I A L Said lend is also subject to any 0 th®enpmt3rances mentioned in Section fortyt7ix 6sa]y Clapter which may be subsisting., The above-desoribed land is subject to a mortgage given by Alexander C. Todd, Jr. st ux to First National Bank of Yarmouth, dated February 9, 19T6, duly recorded in Book 2299, Page 216. Witness, WiLLIAM I, RANDALL, Esquire, Chief Justice of the Land Court at Boston, in the County of Suffolk, the thirtieth day of November , In the year nineteen hundred and aeventy-nine ,JEANNE M. MAWNEY Attest withthescal of Said Court. Ulla GMT31hMXIII M �N w Syr 'r Deputy Recorder �- Attest with the Seal of said Court. Deputy Recorder ♦ ' hRijMi• ''i RECORDED ON 11 1979 I Centerboard Lane, South Yarmouth MA (Map 118, Parcel 43) N U z cm tt m � )- aCf V co r2 }y "' p '9� a M } Q F N-9 Y _J 'E S O d �JJ.-I < C UU J (y7� (y7� fy7p rf/Jp7 N N N N a m J o y,} UU���� S } N a a00 Q LO to coif1 UUUSS p p SS 0U N > g0p N Q cn n o N a oo m13) m M 00 0 N O O rL 00 CD�i Q c' 7 N o > y 7 m aj v� v � oo �"� m > —YmmQUY 2 2 J l L cD j a� u > U� } O LD Q7 7 C O � 0 0 0 N Q aO NNNN- d Nd yQI O) oO N O D `O O! CL N Lfl (D N Llh 0 Z U oo aa a N F> F C O CNN{ ` C O C W O O p ZZ o p J o Q �(1)V o O t S } N C U ql O l:.o ll Z •-- p CFO p 0 gouj z S (D m m 0o E W CL M C S 7 F O U z W z U Q X a a p 0 s Lo c n w a F Hw a CL oS in o >> >>>> a Q ) Q g u7 a F � C) NC) z = LL (� O Aj u) U _$ ma O m0 O O m a m 8 � II J 0 N cv N U C7 Y m W cn Ul N Lh Q. U U a� N W O O 14 co cc =i CD V C 2 N LL N x N ip O g QQ� n O m p 'c7 0 6 Q w at m N O .. j LO m cc _ _ _ � z Om N cn �I mOr N .� W p a 2 W n O a0 �.S ww p C, cl a F 7 _ — W W _1 a � N V ai cnmaN U' E @ p CrR J g o L crw U U Z Y W N to No 2 p F z F W N ~ LU x 2 C a W z W n N N CD MU W J J = N 1 c 1- c� a af D as (n v7 N -o�� NN f� N O Z cn O > § 0 4 O "f Q O O U Z S + g Z Q $ o } H H 2 _ = F }- 2 O Y � > K ". o Z LU p z a= w w - U a to pp } a M F O U z o U a N o rn m o E N r z m� m) ti L N t z N T to �a Z E x co Um7 N r r N wY p 3 � am `BCD �LL 037 m pp00 C3 rONIfI �� m Of �UU > (D M W m m C O 61 c0 lL clCL �V N p .I O r (OD (nD Q NOOr O O M � V p o 80$� V SON O� u 0 0 0 0 NN O O O M O N uuN'71 OO U C7 r c ro E m � O M N N OD U 0 z�" a ass bo N ��'ao o ����-; o ° o ���g LU m 0� m m co ro F_ �� }. 3i ����� 0 0 5 E E o o ro w �roa m� ��'�U ro O�Zo 0_ �r r v a Q WO ) no }OtiW r�Ua���� U LL r(n(mcnOoropprpp> �000ao }yy p prr pr pN � p a C O CIJ N NNS O + L CL U 4 m r r r L IICC � f0 C C N 4 J tYa¢�.c a (J Co J J co Nyy �/V7C m O C C O a(� C r :w �� g L Q CroJ CV Cl) 0 M M N N �r 00 .'-OOONo 00 r r00oO p Uli 7v .L U' H r jN d r N .. r .. °'to U a O o O u.wcoa w f0.0 cnU � r m �LL mmT-P< w LL mr OW ()'r2 i7 fnOLl1WQ'0! C C C CQ<°~F�F HmY UIai Nd aQOU mUi-.my Y ./ 9P:08974-01.94 3-1`-;14 9:c 7 #ari l N O T N O T A N A N O F F I C I A L O F F I C I A L C 0 Pp� Y C 0 P Y N 0 '1` ITCLAIM DEED N O T WE, THOMAS p.ADMAN AND PALMIRA D. DEW; OF 1 CENTERBOARD LANE, SOUTH YXM(HJMH C HA)ISJ[CHUSETT&a F C67640 I A L C O P Y C O P Y FOR NOMINAL CONSIDERATION GRANT TO THOMAS P. DEAN, OF 1 CENTERBOARD LANE, SOUTH YARMOUTH, MASSACHUSETTS, 02664 WITH QUITCLAIM COVENANTS The land together with any buildings located at 1 Centerboard Lane, South Yarmouth, Barnstable County, Massachusetts, bounded and described as follows; NORTHEASTERLY by Lot 41, as shown on hereinafter -mentioned plan of land, Two hundred sixty-four and (264.00) feet; SOUTHEASTERLY by Centerboard Lane as shown on said plan, One hundred sixteen and 47/100 (116.47) feet; SOUTHWESTERLY by Lot 43, as shown on said plan, Two hundred seventy-two and 39/100 (272.39) feet;and NORTHWESTERLY by land now or formerly of Stephen A. and Mary L. Canty as shown on said plan, one hundred two and 58/100 (102.58) feet. Containing 29,140 square feet more or less and being shown as LOT 42 on plan of land entitled "Section B. Driftwood on Bass River, Yarmouth, Massachusetts, as surveyed for Herbert J. Kaiser, scale 1" = 80', May 1945, 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 street and ways as shown on said plan. For title see deed recorded in Book 5605, Page 093. r »� BP : 02974--01 r-�; 4:D-1 - 29 ii :S.7 4PO4 t 4 N 0 T N 0 T A N A N WITNESSO dFurF hTar@sl Acf' seals aiFs F � iiak December 1993. C 0 P y C O P y � N T N 0 a 6W_,z �,4 e-,l , � k� a_,gl THOMAS P. DE AL IRA D. DEAN O F F I C I A L O F F I C I A L C O P Y C O P Y COMMONWEALTH OF MASSACHUSETTS Barnstable, ss December a3 1993 Then personally appeared the above -named Thomas P. Dean and Palmira D. Dean acknowledged the foregoing instrument to by our free act and deed, before me, William A. Price, Jr. NOTARY PUBLIC My Commission Expires: December 30, 1999 . ��[�YJ Il n•r. i.. OF Ka-k-�o 60066O5 P.-SE 093 15861 '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 I, THOMAS P. DEAN N 0 T N 0 T A N N of 1 Centerboard LeyeFS(pthlYa noryyjthA L O F F �ootty,Yarelffetts, in consideration of LESS THANSN OHADRED DOLLARS AND 00/100 ($16A) P Y grant to THOMAS P. DEAN and PALMIRA D. DEAN, husband and wife, as tenants by the entirety. of 1 Centerboard Lane South Yarmouth, MA 02664 with quitrialm rovrnunie the land in Yarmouth (South), Barnstable County, Massachusetts, bounded and descri as follows; NORTHEASTERLY by Lot 41, as shown on hereinafter -mentioned plan of land, Two hundred sixty-four and 00/100 (264.00) feet; SOUTHEASTERLY by Centerboard Lane as shown on said plan, One Hundred sixteen and 47/100 (116.47) feet; SOUTHWESTERLY by Lot 43, as shown on said plan, Two hundred seventy-two and 39/100 (272.39) feet; and NORTHWESTERLY by land now or formerly of Stephen A. and Mary L. Canty as shown on said plan, One hundred two and 58/100 (102.58) feet. Containing 29,140 square feet more or less and being shown as LOT 42 on plan of land entitled "Section B. Driftwood on Bass River, Yarmouth, Massa —setts, as surveyed for Herbert J. Kaiser, scale 1" = 80', May 1945, Whitney & Bassett, Architects & Engineers, Hyannis, Massachusetts," Said plan recorded in Barnstable Registry of Deeds, Plan Book 120, Page 119. TOGETHER with right of way in common with others entitled thereto over the streets and ways as shown on said plan. For title see deed of Thomas P. Dean recorded with Barnstable Registry of Deeds in Book 1407 Page 476. N 0 T N 0 T A A N O F so 5 5L;sEA W4 O F F I C I A L C 0 P Y C O P Y N 0 T A N O F F I C I A L C 0 P Y N 0 T A N O F F I C I A L C O P Y Executed as a sealed instrument this 9th day of March IS7 THOMAS P. DEAN �It(ffunananwe�lt�of xrhu�elt,� Barnstable to. March 9 1987 Then personnily appeared the above named THOMAS P. DEAN and acknowledged the forcgaiug instrument to be his tree act and deed, BQJore rres, Nancy K. psey Notary Pt it — J-iu of the Peocr Aty commission expires July 22 lU 88 ftu: i;b-LU MAR 13 67 eonIW? w.E 476 - N 0 T N 0 T A N 1 ACND L i We' 0EOR4E �, ?`�1$OSCarld AUK M. MEDET�QbSF &Sjan2 atfQA wife C 0 P X C O P Y of Miami , Dade County, Florida N 0 T lorNegD°{�°cation paid grant to THOMAS pA ' a single man, c� AVN the land in C7aymo$ttd (goujhA eatable 'CogntFy C z A L' bounded and dmscr , 0 CQSVIbuBette, r" " 71ollowa: NORTHEASTERLY by Lot 41, as shown on hereinafter -mentioned plan of land, Two hundred sixty-four and 00/100 (264.00) feet, 9OUTHEASTBRLY by Centerboard Lane Be shown on -aid plan, one hundred sixteen and,47/100 (116.47) feet, t� SOUTHWESTERLY fh° Lot 43, as shown on said plfn, Two hundred •ry 4eventY-tyro and 39/100 (272.39) feet; and NORTHWESTERLY illy land now or formerly of Stephen A. an4 Mary L. Canty as shown on said plan, One hundred two and 58/100 (102.58) feet. Containing,29,140 square feet more or less and being shown as 42 on plan of land entitlbd "Section B Driftwood on Baas River, Yarmouth, Massachusetts, as sulveyed for Herbert J. Kaiser, scale 1' . 80', May 1945, Whitney & Beesett, Architects & Engineers, Hyannis, Massachusetts." said plan recorded in Barnstable Registry of Deeds, Plan Book 120, page 119. TOGETHER with right of way in co=on.with others entitled thereto over the streets and ways as shown on said plan. For title reference, see deed from Herbert J. Kaiser to Driftwood properties, inc., dated December 3, 1956, and duly recorded in Barnstable Registry of Deeds in Pock 960, page 282. por Corporate Authority, re• vote recorded February 15, 1966 in Barnstable County Registry of Deeds. WITNESS our hands and seals this 5th day of July, 1968. County of Dadov rt`l-z 3.— Miami, ss. July 5, 1968 JTA,p�y, personally appeared the above named GEORGE P. MEAEiROS and q O►i M. MWELR08, husband and wife �''?... ••',\. and acknowledged the foregoing i,Wt►"Btrum°nt to be the free act and deed of the parties, before me MY � ~sslofiluc IT,I J( of ftCRIW Louob"No I .LXPjm f MAR ILlow 2lotary Public 0 J U l )(;19W NB 81 Cranberry Lane, South Yarmouth MA (Map 118, Parcel 39) M CV �d Q E m Z U) m f) CL N 2i m it S m o 0 0 0 0 0 o U S Z 0 0 Q N _ M N f > to ��l] = O N Cl) In j UO F DGo N Q w Q C J Ool (i 'S Ln QN5 -E j > < U OZ; + � � � Q d o o U U S � M _ } N O C) -J S O ED U T > C) 0 0 N M I U U U o o Q CD CD� M C) o Q N cN D N Q OO N Q y C) C) C) U m m m F --� O(O (O o F O U 00 •- 7 > -Y mQQ rhi� ,Nn > m j d as m V U') LO tD QN 75 1n > vV)j N m O C)Q) } R J p d a O O CDC)m U N N N N 0 0 S rn N N N N Q '� Q ❑ N C) yy a) o 0 0 F n n n n� �' �o� o N CD CD �`r LOB 2S Q Q Q ¢c c� F > > z Z N E c o0 0 o F L) (Do g m Q U) U) `rti N oNLl F O } a� U g Z L In Z Z N O O O j a I❑W E o U Ld Z cr C U y x C Q F Xk Q u ❑ LO �ctp W CL CC F ) In J c� W F F 7 v -- O a C) N >> d U U Q 0 ¢ o Q F d T a 61 0 _ LO h Ln N r) U N C d c U M o - O O _ N _ co m LO h al U) I o �li5 Cl O OO C m (O O 0 0 O h fD 2 I c M Z N z W M M 04 N c _ w W Q❑ O L) U z U FCL C ❑ a _ rnLLJ g Q N U Q�tnmdN LO Z ❑ O o_ C O L C Q) 4 U z N o F N O ❑ H C O G � N LQL Z a m W J ❑ F or ❑ Q J >-❑O Q Q V Z ❑ U 1 ❑ ❑ C � of cOi 111 W — O al U) Q Q 5 m Q Q D CDU $ in S J Z C)Z Q } Z o W � Q 2 V)� c�1 a ?� X a N o w W U lNil W U UJ M O �i off') 0 0- 0 00 } d' a M w O a co m m m cn m m r- m o Z3: x m 0 Cl r► u v N N a O Mt N CL 1 W W r' e. t0 �j N R lip 3a w N •; O Of N A� a OpoO (D (� y OUn CC�pOO CDp nM 1+I CO(D MO V �� t C w >r t>��M N (a W O N V N co c fl a r in co OOr I+M mggg g- 0p -: rti,7o (Do (Cl (f]Mr V 000 Ln CO OV9 IC2aN � c a m NMM M OO(D _ In N N r N O M U .,dt �P- CN �.i Z x N C V �U �$0 ��, E U O (D 4 Qw r N N}. 5505k5 't� §!;!; �.... 16 SV 't (D N Oa O ? r li. 7 O CaC nnUU 3 N ?c aj CO LL. o o" S E E O(D M (D fn N w m 3v'a o o c v o m« �' a d e 0"— .' oUvv 2 u���- U Q� L, u) (fJ M V r o v aL)iL) °}woa 0Liw UU I co WOONMOU dm 0 (D 000000 to rn ° �rnoJOi Q `n 0 C S � S p O O V Q .+ C C C J fn exam N = UiE 1 -8 . 1 1 U Ag aQQi t�B da �� WWZM a-8LNOL C OCNC Q�'Qyir mr m co C U ��000 It �C1 OO �rL U0.w ❑ LLr w NOOO �N UF�Nn-r- N N 0.90 v�C1 W 21 U W IL Cn 0-Umr7CCCNR ❑ 'mow w�; �� �(nU isrmmsx�arn 5 v �'- c r--- tL $(n2aap�Y UMU-Ui(piaM� ,co.,u��SA�" mM0to0w aa----xxarrrrrm iiLLaW 4co�1 a N O T ....N...O T...... 10 pacE 358 O F F I C I A L �}/' n .,Q Er c "� SJTI COPY DRIFTWOOD PROPERTIES, INC., rc _ _f 2 6 5 N O T au - a carporatlon duly established under Ae I of Massachusetts A N and having itauswtplje�C6u�� at�aroxthL{sovth), apn acFe I C IAA L (� yy TJ � � p-atoto�''DAVID A. BOES3? aOnd�NAACY D. BOESSE, Husband and Wife ae Tenant by the Entirety, both of Yarmouth (South), Barnstable County, Massachusetts, sk witbQW1(6Jm MuMnU thelaudin Yarmouth (South),Barnstable County, Massachusetts, bounded and described as follows: NORTHEASTERLY by Lot 4.5 as shown on hereinafter mentioned pplan of land, Two hundred sixty-eight and 8!4/100 (268.64) feet SOUTHEASTERLY by Cranberry Lane, a 140-foot private way as shown on aaId11an, One hundred nine (109) feet; SOUTHWESTERLY by Lot 47 as shown on said plan, Two hundred seventy a 25/100 (270.25) feet; and NORTHWESTERLY by land now or formerly of Lavaughney G. Nickerson e as shown on said plan, One hundred nine and 01/100 (109.01) feet. Being Lot 46 containing 29,430 square feet more or lose as shown on plan of land entitled, "Section B Driftwood on BaeaRiver, Yarmouth Maas. as surveyed for Herbert J. Kaiser, Scale 1" = 80', May 195)4, Whitney & Bassett Architects & Engineers, Hyannis, Mass." said plan recorded in Barnstable Registry of Deeds, Plan Book 120, Page 119, TOGETHER with a 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. Raiser to Driftwood Properties, Inc. dated December 3, 1956, recorded in Barnstable Regiat: of Deeds in Book 960, Page 282. 1aWdit r*kWd the said DRIFTWOOD PROPERTIES, INC. has caused its corporate seal to be bereto axed and these presents to be sinned, acknowledged and dskivered in its name and behalf by KENNETH HARVEY STUDLEY its Treasurer hereto duly authorind, thb /5' day*( September, in the year one thousand nine hundred as sixty- Iva. � and sealed in prawns DRIFTWOOD P P TIES, I �K _.th Hary tudle , Treasurer mttYlvl>ai10A1Dt7fiefrMU&MEM Bamstable, au September /3-'4'1965 I%- Ply aPP+ared the above gamed KENNETH HARVEY STUDLEY and acknowledged the foregoing indrument to be the free act and deed of the �' G 0 ••. before me 8'l I C IAR 2 81966A AfC4PDED 2 — DRI OOD PROPERTIES, INC \ Natar Pattb zdra W=2WAx My oo issioo expires /0 19 6 i- +uw�u uruaaursui,r is Yarmouth Zoning Board of Appeals Decision 4914 121 Town Brook Road, West Yarmouth MA Bk 34551 Pg181 #6611b 10-07-2021 @ 02:09p FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: 19oll906-101"M PROPERTY: TOWN OF YARMOUTH BOARD OF APPEALS DECISION September 13, 2021 4914 September 9, 2021 Vito Solimini, Trustee of the Vito Solimini Realty Trust 121 Town Broolt Road, West Yarmouth, MA Map 45, Parcel 87 Zoning District: R-40 Title: Book 26835, Page 9 MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Ricliard Martin, Tofu Baron and Jay Fraprie Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Register, the hearing opened and held on the date stated above. The Petitioner seeks to overturn a Decision of the Building Commissioner, who determined that the Property at 121 Town Brook Road, West Yarmouth is not a buildable lot, or in the alternative, to amend the existing Variance, or issue a new Variance from Yarmouth Zoning Bylaw Section 203.5 to allow for the construction of a single family dwelling on this lot. The Property is located in the R40 Zoning District and is unimproved. The lot contains 33,287 square feet of area, with a total street frontage of 308 feet on a 40 foot wide public way. It is shown as Lot A2 on the plan recorded in the Barnstable County Registry of Deeds in Plan Boole 266, Page 24, and is triangular in shape, was created in 1972 for Morris Johnson, and its mirror image is shown on that plan as Lot Al. The Petitioner purchased the property at 121 Town Brook in June of 1999. In September of 2000, the Petitioner also acquired the abutting property at 109 Town Brook, which is currently improved with a steel frame building and used for commercial purposes, all pursuant to a Variance issued by this Board in 1963 and a second Variance issued in 1973 for the use. In November of 1977, the then -owner of the property at 121 Town Brook applied for a variance to build a steel building, measuring 6000 square feet, with 2 floors, which was granted (Decision 1453). In addition, the Variance was issued without a date of expiration, and issued under the old statute which did not have a time period for execution of same. It was only on June 30, 1978 that the new version of Chapter 40A was adopted in the Town of Yarmouth, which contained a RUE COPY ATTEST: &44e- FUWA'a4 - a Rom: TOWN CLEFT — R -)4*4 ti1C J4551 PgIUZ Obbllt time period during which the Variance would need to be exercised or lost. As such, this parcel has already been approved to have a 6,000 square foot steel building constructed, which can be exercised now if the applicant wished to do so. Applicant filed a letter with the Building Commissioner dated March 10, 2021, inquiring if tite property was buildable, and explaining why he thought it was. Deputy Building Commissioner James D. Brandolini's decision, which opined that the property and the abutting property had merged, consisted of two letters — one dated May 19, 2021 and a follow-up letter of May 27, 2021. A follow -tip letter was also sent to Mark Grylls dated August 10, 2021, requesting that he affirm the Decision as of August 10, 2021, which he did. This appeal followed in a timely fashion. The Board heard the explanation of the Applicant, who claims that Section 104.3.4(2), entitled "Two (2) or three (3) adjoining lots", demonstrates why the property is buildable. That section states in relevant part as follows: 2. Any increase in areo, fr-ontage or other- dimensional requirements of this zoning bylaw shall not apply to a lol for shtgle fancily 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) feel offrotuage, or contained ffeen thousand (15,000) square feet and fjfy (50) feet offi•onlage if approved under section 203.2 of this bylaw. This exemption shall not apply to more than three (3) such adjoining lots held in connnon owner ship. Based on this section of the Zoning Bylaw, the Board agreed that the Property is a buildable lot. First, the lot was duly recorded or endorsed, and it was held in conuzion ownership with one (1) contiguous lot and had less than (lie dimensional and density requirements of the newly effective zoning (i.e. 40,000 square feet of area), but did contain at least 7,500 square feet and seventy-five (75) feet of frontage. Finally, the Property was not held in common ownership with more than 3 adjoining lots. The Petitioner also relied upon the reasoning of Koines v. Cohasset, 91 Mass. App. Ct. 903 (2017), to demonstrate that this section of the Yarmouth Zoning Bylaw provides "perpetual grandfathering" for such commonly owned lots, and which nullifies the merger doctrine. In addition, The Board heard the explanation of the Applicant, who claims that Section 104.3.4 (5), entitled "Other Nonconforming Residential Lots", also demonstrates the buildability of this lot, and that section states as follows: S. Except as sel forth in this paragraph, areo, lot fi-ontage 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 an 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 thousaml (10, 000) square feet ofnon-wetland lot area and either seventy-five (75) feet of lot froontage or%W.- 0)feet of lotfrontage if the minimm dlmensionalrequh-entents p TRUECOPY A V ; TOWN CLERVOCT tsx J43D1 Vq_LU.3 ff0011t of Section 203.2 of this zoning bylaw are nlet, each side of the srluare described therein being seventy-five (75)feet. In this case, the lot appeared on a plait approved or endorsed by the Planning Board on or before June 3, 1996, which plan was duly recorded. In addition this Property was not held in common ownership with more than two abutting lots as of June 3, 1996. Finally, the lot contains at least 10,000 square feet of non -wetland lot area and has at least 75 feet of frontage. The Board appreciates the analysis provided by the Building Department in its denial letter, and discussed that it typically supports the careful consideration provided by the Department regarding zoning issues. However, after deliberation on this issue, the Board was in almost unanimous agreement that the Applicants were correct that the property qualifies as a buildable lot pursuant to Section 104.3.4(2) and (5) of the Zoning Bylaw, and has not merged with any contiguous lot. One Board member was unconvinced that any error in this analysis was made, and would not support overturning the decision. No abutters appeared either in favor or against the project, Accordingly, a motion was made by Mr. Igoe, seconded by Mr. Martin, to Overturn the Decision of the Building Commissioner, for the reasons stated. The members voted as follows: Mr. DeYoung AYE Mr. Igoe AYE Mr. Martin AYE Mr. Fraprie AYE Mr. Baron NAY The Motion passed by the requisite super majority of a 4-1 vote. The applicant moved and was allowed to withdraw all other requests for relief, as it was (lie consensus of the Board that no such relief was needed. Accordingly, a motion was made by Mr. Martin, seconded by Mr. Igoe, to allow the petitioner to withdraw, without prejudice, all remaining forms of relief requested. The members voted unanimously in favor of the motion. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MOL c40A section 17 and roust be filed within 20 days after filing of this notice/decision with (lie Town Clerk. Steven DeYoung, Chairman RUE C pY ATTEST: TOWN CLERK OCT - 5 2021 25K 5gaO1 ey.L0q #p411( CERTIFICATION OF TOWN CLERK 1, Mary A. Maslowski, Town Clerk, Town of 'Yarmouth, do hereby certify that 20 clays have elapsed since the filing with me of the above Board of Appeals Decision #4914 that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. All appeals have been exhausted. I Mary A. Maslowski OCT - 5 2021 IDrt JYJJ1 ry1l1J TTvv.L1' COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition # 4914 Date: October 4, 2021 Certificate of Granting of a Special Permit (General Laws Chapter 40A, section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to; Vito Solimini, Trustee of the Vito Solimini Realty Trust 121 Town Brook Road, West Yarmouth, MA 02673 Affecting the rights of the owner with respect to land or buildings at: 121 Town Brook Road, West Yarmouth, MA; Map &lot#: 45.87; Zoning District: R-40; Book/Page: 26835/9 and the said Board of Appeals fuilher certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and copies of said decision, and of all plans referred to in the decision, have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been riled, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index udder the name of the owner of record or is recorded and noted on the owners certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. X4)z-.. �� Steven S. DeYoung, Chairman TRUE QQEY ATTEST. TOWN CLERK JOHN F. MEAOE, REGISTER OCT�oA� BARNSTABLE COUNTY TREGISTRY „OF^DEE KOINES V. COHASSET (Land Court Decision and 91 Mass. App. Ct 903 (2017)) ALEXANDER C. KOINES and STEPHEN J. CRUMMEY, v. S. WOODWORTH CHITTICK, CHARLES HIGGINSON, DAVID MCMORRIS, BENJAMIN H. LACEY, and JENNIFER R. SCHULTZ, as they are the members of THE COHASSET ZONING BOARD OF APPEALS, and JOHN A. SHAW and MARTHA G. W. SHAW. M I SC 14-489038 March 22, 2016 Norfollk, ss. FOSTER, I MEMORANDUM AND ORDER ALLOWING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFFS' CROSS -MOTION FOR SUMMARY JUDGMENT, AND ALLOWING MOTION TO DISMISS COUNTERCLAIM. With: • M1SC 15-000007 : JOHN A. SHAW and MARTHA G. W. SHAW v. STEPHEN J. CRUMMEY and TOWN OF COHASSET. Introduction John and Martha Shaw own two adjoining lots In Cohasset, which neither individually nor together satisfy the minimum lot size requirement of 60,000 square feet. The Shaws obtained a building permit to build a house on one of the lots under a provision of the Cohasset Zoning Bylaw that allows construction on prior nonconforming lots notwithstanding their being held in common ownership, under certain conditions. Plaintiffs Alexander Kaines and Stephen Crummey, appealed the building permit to the Cohasset Zoning Board of Appeals (Board), which upheld the building permit, and have appealed that decision to this court. At Issue in the parties' cross -motions for summary judgment before the court Is whether the common-law merger doctrine, as codified In G.L. c. 40A, § 6, applies to the Shaws' property, or whether the relevant provision of the Cohasset Zoning Bylaw has abrogated the merger doctrine. As set forth below, because Cohasset has abrogated the merger doctrine and the Shaws meet the requirements of the relevant bylaw provisions, the building permit was properly Issued. The Board's decision will be affirmed, Kalnes' and Crummey`s amended complaint dismissed with prejudice, and the Shaws' counterclaim dismissed without prejudice. Because It Is not entirely clear where all this leaves the parties' companion case, a telephone status conference will be set down to determine the next steps in that action. Procedural History On or about July 31, 2014, the defendants, John and Martha Shaw (Shaws), were granted a permit to construct a single family home on their property. The plaintiffs, Alexander Kaines (Kaines) and Stephen J. Crummey (Crummey), appealed the issuance of the building permit to the Board. The Board upheld the issuance of the building permit in a Decision dated December 1, 2014. On the evening of December 1, 2014, the Board also met in executive session with Cohasset's Town Counsel. In response to that executive session, Koines and Crummey filed an Open Meeting Law complaint with the Attorney General of the Commonwealth of Massachusetts and filed a Notice and Claim of Constructive Approval pursuant to G.L. c. 40A, § 15. On December 24, 2014, Koines and Crummey filed a complaint in this Court appealing the Board's decision to uphold the permit and only naming members of the Board as defendants, an action docketed as case no. 14 MISC 489038 (2014 Action). On January 7, 2015, the Shaws filed a complaint against Kolnes, Crummey, and the Board In a separate, but related matter regarding Kolnes and Crummey's Open Meeting Law complaint and the Notice and Claim of Constructive Approval, an action docketed as case no. 15 MISC 000007 (2015 Action). On January 15, 2015" the Board filed a Motion to Dismiss the Complaint In the 2014 Action for failure to name an Indispensable party, the Shaws. A case management conference was held on March 3, 2015, where the Court decided that the 2014 and 2015 Actions should be treated as companion cases, with proceedings In the 2015 Action stayed pending a decision by the Attorney General on the Open Meeting Law complaint. The Court allowed the Board's Motion to Dismiss, ordering the plaintiffs to file an amended complaint. On March 9, 2015, Kolnes and Crummey filed an Amended Complaint naming the Shaws as defendants along with the Board. On April 1, 2015, the Shaws filed Defendants' Counterclaim and Third -Party Complaint Under M.G.L. c.240, §14A In the 2014 Action, naming Crummey as the defendant and the Town of Cohasset (Town) as a third party defendant (Counterclaim). The Town filed their Answer to the Defendants' Third -Party Complaint on April 13, 2015. The Shaws filed the Defendants' Motion for Summary Judgment (Shaws' Summary Judgment Motion), Memorandum In Support of Defendants' Motion for Summary Judgment, Defendants' Concise Statement of Material Facts in Support Defendants' Motion for Summary Judgment, and the Appendix of Materials Supporting Defendants' Motion for Summary Judgment, Including the Affidavit of Kate Moran Carter, Esq. In support of Defendants' Motion for Summary Judgment on May 15, 2015. Also on May 15, 2015, Crummey filed the Third Party Defendants' Motion to Dismiss the Shaws' Counterclaim (Crummey's Motion to Dismiss). On May 22, 2015, the Office of the Attorney General responded to Koines and Crummey's Open Meeting Law complaint, finding that while the Board's December 1, 2014 executive session was not sufficiently specific, "the Board did not violate the Open Meeting Law. No further action was taken following the Attorney General's response. On June 12, 2015, the Town and the Board filed their Motion for Summary Judgment and Dismissal of the Amended Complaint, Memorandum in Support of Defendants' Motion for Summary Judgment, and Responses to the Concise Statement of Material Facts filed by the Shaws in Support of Defendants' Motion for Summary Judgment. On June 15, 2015, Koines and Crummey filed Plaintiffs' Opposition to Defendants' Motion for Summary Judgment as well as a Cross Motion for Summary Judgment (Koines' and Crummey's Cross -Motion for Summary Judgment), Responses to Defendants' Concise Statement of Material Facts in Support of Defendants' Motion for Summary Judgment, Plaintiffs' Statement of Additional Material Facts in Support of Plaintiffs' Motion for Summary Judgment, and the Appendix to Plaintiffs' Motion for Summary Judgment including the Affidavits of Crummey and Koines. Also on June 15, 2015, the Shaws filed Defendants' Opposition to Crummey's Motion to Dismiss Counterclaim and the Affidavit of Kate Moran Carter, Esq. in Support of the Defendants' Opposition to Crummey's Motion to Dismiss Counterclaim. On June 25, 2015, the parties filed their Combined Concise Statement of Material Facts. The Summary Judgment Motions and Third Party Defendants' Motion to Dismiss Counterclaim were heard on June 30, 2015, and taken under advisement. On August 4, 2015, Koines and Crummey waived and withdrew their Notice and Claim of Constructive Approval in the 2015 Action. This Memorandum and Order follows. Summary Judgment Standard Generally, summary judgment may be entered if the "pleadings, deposltions, answers to interrogatories, and responses to requests for admission ... together with the affidavits ... show that there Is no genuine issue as to any material fact and that the moving party Is entitled to judgment as a matter oflaw." Mass. R. Civ. R 56(c). In viewing the factual record presented as part of the motion, the court is to draw "all logically permissible Inferences" from the facts in favor of the non- moving party. Willitts v. Roman Catholic Archbishop of Boston, 411 Mas5. 202 , 203 (1991). "Summary judgment is appropriate when, 'viewing the evidence In the light most favorable to the nonmoving party, all material facts have been established and the moving party Is entitled to a judgment as a matter of law."' Regis Coll. v. Town of Weston, 4�2 Mass. 280 , 284 (2012), quoting Augat, Inc. v. Liberty Mut. Ins. Co., 410 Mass. 117 , 120 (1991). Undisputed Facts The following facts are undisputed. 1. Defendants/Third-Party Plaintiffs, the Shaws, own the property at 390 Atlantic Avenue, Cohasset, Massachusetts (Shaw Property). John A. Shaw's and Martha G.W. Shaw's Concise Statement of Material Facts with Responses of Plaintiffs Stephen Crummey and Alex Koines and Plaintiffs' Statement of Additional Facts ¶ 2 (hereinafter Defendants' Statement of Material Facts). 2. Plaintiff/Third Party Defendant Crummey and his wife own the property at 394 Atlantic Avenue, Cohasset, Massachusetts (Crummey Property). Defendants' Statement of Material Facts ¶ 1. 3. The Shaw and Crummey Properties were originally a single parcel of land held In common ownership (along with several other adjoining lots) by John Appleton Knowles (Knowles). On April 11, 1929, Knowles conveyed those parcels to Robert Martin (Martin) by a deed recorded with the Norfolk Registry of Deeds (registry) In Book 1841, Page 486 (1929 Knowles deed). Defendants' Statement of Material Facts ¶ 3; Appendix of Materials Support John A. Shaw's and Martha G.W. Shaw's Motion for Summary Judgment Exhibit 2 (hereinafter App. Exh. _ ). 4. The surveyed properties are shown on a plan (the 1929 Knowles Plan), attached as Exhibit A. Knowles conveyed a triangular parcel of land to Martin comprised of Lots 8, 9, 10, 11, 12, 13, 13A, and 14 as shown on the 1929 Knowles Plan. Defendants' Statement of Material Facts ¶ 4; App. Exh. 3. 5. At the time the 1929 Knowles Plan was recorded, there were no zoning bylaws in Cohasset. Defendants' Statement of Material Facts 1 14. 6. In 1941, Martin further divided Lot 14 into Lots 14A and 14B, shown on a "Plan of Land in Cohasset" dated October 1, 1941 and recorded In the registry in Book 2368, Page 285 (the 1941 Martin Plan), attached as Exhibit B. Defendants' Statement of Material Facts � 5; App. Exh. 1. 7. Lot 12 and Lot 14A, as shown on the 1941 Martin Plan, comprise the now Shaw Property. Defendants' Statement of Material Facts ¶ 2; App. Exh. 1. B. Lots 13 and 13A, as shown on the 1941 Martin Plan, comprise the now Crummey Property. Crummey Is the westerly abutter to the Shaw Property. Defendants' Statement of Material Facts � 1; App. Exh. 1. 9. In 1939, Martin conveyed Lots 12, 13, and 13A to Bartlett Tyler and Ruth L. Tyler (Tylers) and in 1941, after dividing Lot 14 Into lots 14A and 14B, conveyed Lot 14A to the Tylers as well. Defendants' Statement of Material Facts ¶¶ 6, 7; App. Exh. 4, 5. 10. In 1983, Ruth L. Tyler conveyed the four lots (Lots 12, 13, 13A, and 14A on the 1941 Martin Plan that now make up the Shaw and Crummey Properties) to Robert Najar (Najar) by a deed recorded with the registry in Book 6172, Page 97. Defendants' Statement of Material Facts j 8; App. Exh. 6. 11. These four lots continued to remain in common ownership through several zoning changes, including the zoning change of 1985, which increased lot area in a Residential C (R-C) zoning district to 60,000 square feet. Defendants' Statement of Material Facts ¶¶ 19, 20; App. Exh. 15. 12. In 1990, Robert Najar conveyed the four lots to Francois L. Nivaud and Annick D. Nivaud (Nivauds), by a deed recorded with the registry In Book 8576, Page 513. Defendants' Statement of Material Facts ¶ 9; App. Exh. 7. 13. In 2002, the four lots fell out of common ownership when the Nivauds conveyed Lots 13 and 13A (the now Crummey Property) to Mark C. Healy (Healy) and his wife by a deed recorded with the registry in Book 17571, Page 500. Defendants' Statement of Material Facts ¶ 10; App. Exh. 8. 14. In 2007, the four lots once again came under common control when the Nivauds conveyed Lots 12 and 14A (the now Shaw Property) to Healy, as Trustee of The Healy Realty Trust, by a deed recorded with the registry in Book 25374, Page 298. Defendants' Statement of Material Facts ¶ 12; App. Exh. 10. 15. The two properties were separated once more on September 12, 2013, when Healy conveyed Lots 13 and 13A to the Crummeys by a deed recorded with the registry in Book 31751, Page 432. Defendants' Statement of Material Facts App. Exh. 9. 16. On August 6, 2014, the Healy Realty Trust conveyed Lots 12 and 14A to the Shaws by a deed recorded with the registry in Book 32466, Page 254. Defendants' Statement of Material Facts ¶ 13; App. Exh. 11. 17. At the time of the conveyance to the Shaws, Lot 12 was unimproved, vacant land. Defendants' Statement of Material Facts ¶ 27; App. Exh. 13. 18. The Shaw Property and Crummey Property are located in an R-C zoning district in Cohasset. Both properties have less than 60,000 square feet- the necessary minimum lot area for single-family lots in an R-C district under the 1985 Bylaw. Defendants' Statement of Material Facts ¶¶ 17, 19; App. Exh. 12, 13, 14. 19. On the Shaw Property, Lot 12 is approximately 21,850 square feet and Lot 14A Is approximately 13,486 square feet, with a combined lot area of approximately 35,336 square feet. Defendants' Statement of Material Facts ¶¶ 23, 24; App. Exh. 113. 20. On the Crummey Property, Lot 13 is approximately 14,111 square feet and Lot 13A is approximately 8,470 square feet, with a combined lot area of approximately 22,581 square feet. Defendants' Statement of Material Facts $1 21, 22; App. Exh. 3. 21. On July 31, 2014, the Town of Cohasset Building Department Issued building permit number 14-224 (the Building Permit) to the Shaws to construct a new, single-family dwelling on Lot 12 of the Shaw Property. Defendants' Statement of Material Facts 1 26; App. Exh. 16. 22. On August 27, 2014, Crummey, along with the easterly abutter to the Shaw Property, Koines-who owns property with his wife at 380 Atlantic Avenue (Koines Property) comprised of Lots 11 and 14B as shown on the 1941 Martin Plan - appealed the Building Permit to the Board. Defendants' Statement of Material Facts ¶ 28; App. Exh. 17. 23. In their appeal, Koines and Crummey argued in relevant part: ... the Building Permit was issued in error. Particularly, the Building Permit should not have been issued because the [Shaw] Property does not comply with the dimensional requirements of the Cohasset Zoning Bylaws. Such nonconformitles include a lack of compliance with area requirements for lots within the R-C District, as most recently revised In 1985. While the Property at one time was entitled to grandfathering protection under §8-3 of the Zoning Bylaws, such protections were eliminated in 2007 when the [Shaw] Property was brought Into common ownership with adjoining property. As a consequence, pursuant to the local Zoning Bylaws and the doctrine of merger, the Property lost its grandfathering protection. App. Exh. 17. 24. Section 8.3 of the Cohasset Zoning Bylaw (Bylaw) authorizes the construction of a one-famlly dwelling or other lawful building on a nonconforming lot under three circumstances, and states in relevant part: Notwithstanding the lot regulations hereof, a detached one -family dwelling or other lawful building may be constructed on a lot having less than the required area, width, depth, and/or frontage (provided that all other provisions of this bylaw are complied with) If: 1) Such lot Is exempted from such requirements by Chapter 40A, Section 6, of the General Laws of the Commonwealth; or, 2) Such lot, on or before the effective date of the requirements in question: a. Was lawfully laid out by plan or deed duly recorded In the Norfolk Registry of Deeds, or registered in the Registry District of the Land Court; b. Was in conformity with the area, width, and frontage provisions of the zoning bylaw, if any, applicable to the construction of such a dwelling or other building on said lot at the time of such registration or recording; and, c. Was, on said effective date, held in ownership separate from that of adjoining land, or if held in ownership the same as that of adjoining land, had an area of not less than: a. 9,000 square feet In R-A district; b. 15,000 square feet in R-B district; c. 20,000 square feet in R-C district; or, 3) Such lot was shown on a definitive subdivision plan duly approved by the Cohasset Planning Board and was In conformity with the area, width, and frontage provisions of the zoning bylaw applicable at the time of such approval to the construction of such a dwelling or other building on said lot. App. Exh. 12. 25. On December 10, 2014, the Board filed its Decision (the Decision) upholding the Building Department's issuance of the Building Permit pursuant to § 8.3 of the Bylaw. Defendants' Statement of Material Facts ¶¶ 30, 31; App. Exh. 18. 26. The Decision found that Lot 12 Is a buildable lot retaining Its grandfathered status pursuant to § 8.3 of the Bylaw and the Building Permit was properly granted to the Shaws. Defendants' Statement of Material Facts ¶ 31; App. Exh. 18. 27. Kolnes and Crummey appealed the Board's Decision, filing a Complaint with the Land Court on December 24, 2014. Defendants' Statement of Material Facts ¶ 32; App. Exh. 19. Discussion The question In this case is whether the Board properly upheld the Issuance of the Building Permit to construct a single family home on Lot 12 of the Shaw Property. Kolnes and Crummey argue that Board's Decision should be annulled because, under the common law "merger doctrine," the Shaw Property and Crummey Property merged in 2007 when Healy retained control of both properties, resulting In the loss of Lot 12's grandfathered status. The merger doctrine provides that undersized adjoining lots that later come Into common ownership after the effective date of the bylaw that rendered them nonconforming "merge" for the purposes of achieving dimensional compliance with the current zoning law. Sorentl v. Bd. of Appeals of Wellesley, 345 Mass,8 , 353 (1963). Essentially, the doctrine calls for adjoining land to be added to the nonconforming lot in order to bring It into conformity or reduce the nonconformity. Preston v. Hull , 51 Mass. App, Ct. 236 , 238 (2001). The Shaws contend that Lot 12 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 Shaws have also brought a Counterclaim and Third -Party Complaint under G.L. c.2401 § 14A, asserting that If the court concludes that the two properties were merged then the Crummey Property also has non -buildable lots. The Shaws argue that "[t]he consequence of such merger and re -division would mean that any external changes to the single-family house located on the Crummey Property after the lot re -division would require a variance from the Bylaw." The cross -motions for summary judgment, therefore, turn on the question of whether the merger doctrine applies or whether § 8.3 abrogates the merger doctrine in Cohasset. In an action brought pursuant to G.L. c. 40A, § 17, challenging the issuance of a building permit, the "court shall hear all evidence pertinent to the authority of the board ... and determine the facts, and, upon the facts as so determined, annul such decision if found to exceed the authority of the board ... or make such other decree as justice and equity may require." Id. This review is described as "a 'peculiar' combination of de novo and deferential analyses." Wendy's Old Fashioned Hamburgers of N Y, Inc. v. Board of Appeal of Billerica, 454 Mass. 374 , 381 (2009), quoting Pendergast v. Bd. of Appeals of Barnstable, 331 Mass. 555, 558 (1954). The court is obligated to hear and find facts in the action de novo; that Is, without giving weight to the facts found by the board, but rather assessing evidence presented by the parties. Shirley Wayside Ltd. Partnership v. Board of Appeals of Shirley, 461 Mass. 469 , 474 (2012); Wendy's Old Fashioned Hamburgers of N Y, Inc., 454 Mass. at 381 (no evidentiary weight glven to board's actual findings). Applying those fact, the court must give deference to the board's legal conclusions and interpretation of its own zoning ordinance, and determine whether It has applied the ordinance in an unreasonable, whimsical, capricious, or arbitrary manner. Shirley Wayside Ltd. Partnership, 461 Mass. at 474-475; Wendy's Old Fashioned Hamburgers of N Y, Inc., 454 Mass. at 381-382; Roberts v, Southwestern Bell Mobile Sys., Inc., 429 Mass, 478 , 487 (1999). A court should overturn a zoning board's decision only If "no rational view of the facts the court has found supports the board's conclusion." Shirley Wayside Ltd. Partnership, 461 Mass. at 475. "In the end, the court must affirm the board's decision unless It finds [the decision] was 'based on a legally untenable ground."' Britton v. Bd. of Appeals of Gloucester, 59 Mass. Apia , 72 (2003), quoting MacGibbon v. Bd. of Appeals of Duxbury, 356 Mass, 635 , 639 (1970). A zoning by-law's terms "should be Interpreted in the context of the by-law as a whole and, to the extent consistent with common sense and practicality, they should be given their ordinary meaning." Hall v. Zoning Bd. of Appeals of Edgartown, 28 Mass, ARR,__Qt. 249-, 254 (1990); see Rando v. Bd. of Appeals of Bedford, 348 Mass. 296 , 297-98 (1965). "A zoning bylaw must be read in its complete context and be given a sensible meaning within that context." Dalbec v. Westport Zoning Bd. of Appeals, 16 LCR 672 , 674 (2008) citing Selectmen of Hatfield v. Garvey, 362 Mass. 821 , 826 (1973). The court must also look to the intent of the local legislative body, which is controlling, and construe the bylaw's provisions to effectuate the municipality's intent in adopting the bylaw. King v. Zoning Bd. of Appeals of Chatham, 30 Mass, ARp, Ct. 938 , 940 (1991); Southern New England Conference Assn of Seventh-Day Adventists v. Burlington, 21 Mass, ARp. Ct, 701 , 709 (1986); Fin. Corp. v. State Tax Comm'n., 367 Mass. 36Q , 364 (1975) (stating that a court must construe a bylaw "in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated"). The Intent of a bylaw Is determined by analyzing the terms, provisions, and subject matter to which it relates. Where the language of the zoning bylaw is clear and unambiguous, no further interpretation is necessary. Murray v. Bd. of Appeals of Barnstable, 22 Mass. ARP. Ct. 473 , 478 (1986); Massachusetts Mut. Life Ins. Co. v. Comm'r of Corps. & Tax'n, 363 Mass. 685 , 690 (1973); Massachusetts Broken Stone Co. v. Weston, 430 Mass. 637 , 640 (2000). Nevertheless, "[I]t is a well - established canon of statutory construction that a strictly literal reading of a statute should not be adopted if the result will be to thwart or hamper the accomplishment of the statute's obvious purpose, and if another construction which would avoid this undesirable result Is possible." Watros v. Greater Lynn Mental Health & Retardation Ass'n, 421 Mass. 106 , 113 (1995). "Bylaws should be interpreted in a way that avoids rendering other portions of the bylaw meaningless." Dalbec, 16 LCR at 674 quoting Trustees of Tufts College v. Medford, 415 Mass. 753 , 761 (1993); Adamowicz v. Ipswich, 395 Mass. 757 , 760 (19B5). Kolnes and Crummey argue that § 8.3 of the Bylaw does not provide Immunity from the doctrine of merger of commonly held lots. The Shaws assert 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. Applying these principles of interpretation, the Court agrees with the Shaws. General Law c. 40A, § 6 states in relevant part: Any increase in area, frontage, width, yard, or depth requirements of a zoning ordinance or by-law shall not apply to a lot for single and two-family residential use which at the time of recording or endorsement, whichever occurs sooner was not held In common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage. Any increase in area, frontage, width, yard or depth requirement of a zoning ordinance or by-law shall not apply for a period of five years from Its effective date or for five years after January first, nineteen hundred and seventy-six, whichever is later, to a lot for single and two family residential use, provided the plan for such lot was recorded or endorsed and such lot was held In common ownership with any adjoining land and conformed to the existing zoning requirements as of January first, nineteen hundred and seventy-six, and has less area, frontage, width, yard or depth requirements than the newly effective zoning requirements but contained at least seven thousand five hundred square feet of area and seventy-five feet of frontage, and provided that said five year period does not commence prior to January first, nineteen hundred and seventy-six. (Emphasis added). Section 6 provides grandfather protection for lots held separately at the time of the adoption of the bylaw that renders such lots nonconforming, while providing lots held In common five years of grandfathering protection after the effective date of a zoning change, provided they have a lot size of at least 7,500 square feet. Lot 12 conformed to zoning requirements when the 1985 Bylaw was adopted. The 1985 Bylaw's 60,000 square feet minimum lot size rendered Lot 12, which is 21,850 square feet, nonconforming. However, Lot 12 does not qualify for protected status under § 6 because the Shaw Property was held in common control with the adjacent Crummey Property when the 1985 Bylaw was adopted that rendered the lots nonconforming, and the five year period of protection for lots held In common has lapsed. Based solely on the provisions of G.L. c.40A, § 6, the merger doctrine would appear to apply to the Shaw Property. Section 6 is not the end of the grandfathering analysis. The second prong of § 8.3 of the Bylaw provides another avenue for grandfathering protection that is not covered by Section 6. Pursuant to § 8.3.2, 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. Under § 8.3.2, Cohasset affords protection to nonconforming lots that is not available in § 6. 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 Shaw Property is comprised of two lots, Lot 12 and Lot 14A, both located in the R-C zoning district. The lot at issue, Lot 12, is 21,850 square feet. It was created in 1929 and properly recorded in the registry. At the time of the recording, there were no existing zoning bylaws In Cohasset. Thus, Lot 12 was In conformity with the area, width, and frontage provisions applicable to the construction of a building at that time. As of 1985, the effective date when the Bylaw was changed to Increase the minimum lot area to 60,000 square feet, Lot 12 was held In common ownership with Lots 13, 13A, and 14, and It had an area in excess of 20,000 square feet, the minimum lot size to qualify for protection for lots in the R-C district under § 8.3.2. Lot 12 satisfies all the requirements for grandfather status set forth in § 8.3.2 of the Bylaw. The issue, therefore, is not whether Lot 12 meets the requirements of § 8.3.2. It does. The Issue is whether § 8.3.2 abrogates the common law merger doctrine as set forth in § 6. Section 8.3.2 of the Bylaw and other "Cpjrovisions of this type are obviously intended to avoid the application of the general principle that adjacent lots in common ownership will normally be treated as a single lot for zoning purposes so as to minimize nonconformities with the dimensional requirements of the zoning bylaw or ordinance." Seltzer v. Bd. of Appeals of Orleans, 24 Mass, App, Ct, 521 , 522 (1987); see Vetter v. Zoning Bd, of Appeals of Attleboro, 330 Mass. 628 , 630-631 (1953); Sorenti, 345 Mass. at 353; Lindsay v. Bd. of Appeals of Milton, 362 Mass._126 , 131-132 (1972). Courts have long recognized the ability of a municipality to grant broader protection for owners of nonconforming lots beyond the protections offered in G.L. c. 40A, § 6. "Many cases establish the full prerogative of municipalities to legislate in a manner which gives far greater indulgence to the ability to build upon lots no longer dimensionally compliant with current zoning rules. And one of the Indulgences a municipality properly may extend is the lifting of section six's requirement that adjoining commonly -owned lots be merged." Dalbec, 16 LCR at 678; Carabetta v. Board of Appeals of Truro, 73 Mass. App. Ct. 266 , 269 (2008); Luttinger v. Truro Zoning Bd. of Appeals, 11 LCR 72 , 75 (2003) ("When a municipality elects to give local by-law protection without the merger requirement of Section 6, that extra indulgence has been upheld by the court."). "Section 6 provides only a floor and . . . a municipality Is free to grant more liberal treatment to the owner of a nonconforming lot." Mohr v. Stroh, 21 LCR 249 , 250-51 (2013) quoting DeSalvo v. Chatis, 1991 WL 11259380, at *3 (Land Ct. Sept. 11, 1991). The majority of cases compelling owners of adjoining substandard lots to merge are decided under § 6, which only protects residential lots not held in common ownership. Luttinger, 11 LCR at 75 (stating that "many of the by-law provisions treated in the case law are regurgitative of the provisions of § 6, Including its exclusion from protected status of lots held In common ownership"); see, e.g., Preston, 51 Mass. App. Ct. at 237-238 (applying § 6 without reference to the Town of Hulls bylaw). In those cases, the municipality had not enacted a more liberal grandfathering provision in its bylaws, such as Cohasset has. See, e.g., Mauri v. Zoning Bd. of Appeals of Newton, 83 Mass. App. Ct. 336 , 339 n.4, 342 (2012) (where the Town of Newton's bylaw provided less grandfathering protection for lots held in common, requiring that the lot be improved with a dwelling to qualify for exemption from merger); Marinelli v. Bd. of Appeals of Stoughton, 65 Mass, App, Ct, 902 , 903 (2005) (finding that the Stoughton bylaw "substantially repeats the grandfathering language of a predecessor version of G.L. c. 40A, § 6."); Rice v. Quirk, 20 LCR 450 , 452, n. 3 (2012) (where the provisions of the Town of Sudbury bylaw were substantially identical to § 6). These cases, however, do not change the longstanding principle that towns and municipalities may do away with the merger rule by providing generous exemptions for nonconforming lots held in common ownership. Dalbec, 16 LCR at 678, citing Luttinger, 11 LCR at 75. The remaining question is whether § 8.3.2 does In fact abrogate the § 6 merger rule. Koines and Crummey argue that it does not because nothing in the Bylaw "provides a clear expression that such lots would be immune from merger in the event of a later combination with another adjoining lot." See Plaintiffs' Amended Complaint Exh. C. While they are correct, this does not end the inquiry. 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. ARP, Ct• 292 , 298 (2008) (finding that there was no language In the bylaw that explicitly or implicitly nullified the merger doctrine). In Dalbec, for example, the court reviewed the Town of Westport's bylaw to determine whether lots held in common ownership as of the date of the amended grandfathering provision had in fact merged. Dalbec, 16 LCR at 673. The Land Court found that the Town had expressed a clear intent to abrogate the common law merger doctrine by extending grandfathering protections to lots that met a minimum lot area and frontage requirement at the effective date, regardless of ownership structure. In reaching the decision, the Court stated that "[a] municipal grandfather provision can be clear enough to exempt nonconforming' lots without directly mentioning and negating the requirement for merger of commonly owned lots." Id. In Luttinger, the courts reviewed the Town of Truro's bylaw to determine whether abrogation of the merger doctrine was implicit in the bylaw's language. Luttinger, I I LCR at 74-75. The key provisions of the Truro bylaw are analogous to those in § 8.3.2 of the Cohasset Bylaw, providing grandfathering protection to a nonconforming lot If it was: (1) shown on a subdivision plan or described by a deed recorded in the registry prior to the effective date of the bylaw amendment, (2) the lot met certain minimal dimensional requirements, and (3) there was no requirement that the land be held separately from adjoining land at the effective date. Id. at 74. The court held that the Truro bylaw implicitly rejected the merger doctrine by choosing not to distinguish between lots held separately from those held in common. Id. (finding that the bylaw "provides notably greater protection than § 6 In several respects. Most significantly here, the local grandfathering provision is, unlike § 6, devoid of any language requiring the protected land to be held apart from other land."); see Carabetta, 73 Mass. App. Ct. at 269-270 (acknowledging that the same bylaw could implicitly reject the merger doctrine). In Lahti v. Shutzer, 5 LCR 1 (1997), the Land Court found that the subject property had not merged with a commonly owned adjacent property because the Town of Swampscott's bylaw had expressed "a clear intention to provide grandfather protection" for nonconforming lots held separately or in common ownership although the bylaw made no mention of the merger doctrine or common ownership. Id. at 2, quoting Bloch v. Town of Swampscott, 4 LCR 18 , 20 (1996) (concluding that "[t]he protection Swampscott has chosen to afford to certain undersized lots . . . Is more generous than the protection that Is required by G.L. c. 40A, but it is within its right to be more lenient"); see Shea v. Zoning Bd. of Appeals of Douglas, 72 Mass. App. Ct. 1114 , 1114-1115 (2008) (finding that the Town of Douglas Implicitly intended to extend grandfather protection to commonly owned adjoining nonconforming lots when the bylaw did not state whether the lots had to be held separately). Like the bylaws in Dalbec, Luttinger, and Lahti, § 8.3.2 does not distinguish between nonconforming lots held separately or In common. It grants perpetual grandfathering regardless of the ownership structure, requiring only that lots held In common at the effective date of the Bylaw meet certain area requirements. Kolnes and Crummey argue that an Inquiry must be made into the ownership status In the Intervening period between the effective date of the bylaw and today. This argument is at odds with § 8.3.2's language, established principles of statutory Interpretation, and decisions supporting such Interpretations. Section 8.3 begins by stating that "a detached one -family dwelling or other lawful building may be constructed" If certain requirements were previously satisfied. Then, § 8.3.2 specifies the relevant time when those requirements must have been met -"on or before the effective date of the requirements In question." Therefore, In assessing whether a commonly held lot qualifies as a buildable lot under § 8.3.2, only two time periods are relevant: the present and the date of the Bylaw change. Other courts have agreed with this Interpretation. In Seltzer, the court held that the plain language of the grandfathering provision indicated only two relevant time periods, the present and the effective date, and a "purely sequential analysis would defeat the liberal purpose of the provision, which, by incorporation, reaches back to, and speaks as of, a time when the zoning by-law contained no substantial impediment to building an additional house." Seltzer, 24 Mass. App. Ct. at 524. Likewise, in Marinelli v. Bd. of Appeals of Stoughton, 40 Mass. 255 (2003), the court found it illogical to read Into the statute additional requirements of ownership status throughout the many intervening years between the effective date and the present instead of solely looking to the effective date of the zoning change. Id. at 260-261 (stating that "as the Land Court judge correctly pointed out, Interpreting § 6 to require that lots remain In common ownership to retain grandfather protection would prevent owners from conveying buildable lots, forcing owners instead either to develop the lots themselves or to sacrifice grandfather protection. Such a restriction would do nothing to further the primary purposes of zoning laws, preventing particular uses of land, not uses of land by particular individuals"). Nothing in § 8.3.2 of the Bylaw requires any analysis of Lot 12 during any period in time other than the effective date of the zoning change- 1985-and today. In short, § 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. Because the plain language and unambiguous meaning of § 8.3.2 of the Bylaw abrogates the common law merger doctrine, the Court need not reach the issues presented in the Shaws' Counterclaim. Based on the foregoing, the Board had a lawful basis under the Bylaw for upholding the Building Inspector's Issuance of the Building Permit. The Decision must be affirmed. In their Counterclaim, the Shaws allege that if the court were to find that the merger doctrine applies to the Shaw Property, it must also apply to the Crummey Property, and seek a declaration to that effect under G.L. c. 240, § 14A. Because the court has found that § 8.3.2 abrogates the merger doctrine, the Shaws are not entitled to that declaration. Crummey's Motion to Dismiss will be allowed. The Counterclaim will be dismissed, although the dismissal will be without prejudice, as issues relating to the Crummey Property, if any, have not been fully addressed on this record. Conclusion For the foregoing reasons, the Shaws' Summary Judgment Motion Is ALLOWED, and Kolnes' and Crummey's Cross -Motion for Summary Judgment is DENIED. Crummey's Motion to Dismiss is ALLOWED. Judgment shall enter in the 2014 Action affirming the Decision, dismissing the Amended Complaint with prejudice, and dismissing the Counterclaim without prejudice. The status of the claims In the 2015 Action is not entirely clear. Kolnes and Crummey waived their Notice and Claim of Constructive Approval, and no further action was taken following the Attorney General's response on the Open Meeting Law complaint. What claims remain In the 2015 Action, and what this Memorandum and Order means for those claims, cannot be determined at this time. A telephone status conference in the 2015 Action Is set down for April 7, 2016 at 9:30 am, at which the parties shall discuss the appropriate next steps In that action. SO ORDERED Exhibit 1 ICx OR A Exhibit 2 I in I X 6-®rdaR.", fnim'", 'I,, si'Ai IN 9� 19 -1- -71, N-1 cill I tio i.y "If 11 is, ALEXANDER C. KOINES & anotherm.te -i, vs. ZONING BOARD OF APPEALS OF COHASSET & others. [N t,,z, 91 Mass. App. Ct. 903 February 21, 2017. Court Below: Land Court Corrected July 28, 2017. Zoning, Nonconforming use or structure, Lot size, Exemption, Judicial review. Real Property, Merger. The plaintiffs appeal from a judgment of the Land Court that affirmed a decision of the defendant zoning board of appeals of Cohasset (board) based on a conclusion that the board correctly Interpreted the Cohasset zoning by-law to afford grandfather protection to a lot owned by the defendants John and Martha Shaw. We a ffi rm . At Issue In the case is section 8.3.2(c) of the by-law, the language of which is set out In the margin. .[Note 3]. The Shaws' lot, containing approximately 21,850 square feet, Is located In an R-C district In which the minimum lot size Is 60,000 Page 904 square feet. The current minimum lot size results from an Increase enacted by amendment to the by-law in 1985, at a time when the Shaws' lot was held in common ownership with several parcels of adjacent land. The lot accordingly plainly meets the literal linguistic requirements of the second portion of section 8.3.2(c) as applicable to lots In the R-C district. The plaintiffs nonetheless contend that the board erroneously interpreted the by- law to afford grandfather protection to the lot by virtue of the common law doctrine of merger. Under that doctrine, a lot held in separate ownership at the time an increase in area renders it nonconforming and thereby entitled to grandfather protection under the fourth paragraph of G. L. c. 40A, § 6, loses grandfather protection If It thereafter comes Into common ownership with adjoining land. See Preston v. Board of Appeals of Hull, 51 Mass, Ali. Ct. 236 , 243 (2001). As the plaintiffs observe, 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. See id. at 240, 243. The present case stands differently since we are presented with an enactment of the Cohasset town meeting, construed by the local zoning board of appeals charged with Its administration. ,[NQte 4], In general, a reviewing court grants "substantial deference to an interpretation of a statute by the administrative agency charged with Its administration." Protective Life Ins. Co. v. Sullivan, 425,Mass. 615 , 618 (1997). 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 Webster, 47 Mass. App. Ct. 664 , 669 (1999). See Wendy's Old Fashioned Hamburgers of New York, Inc. v. Board of Appeal of Billerica, 454 Mass. 374 , 381 (2009). The board's interpretation of section 8.3.2(c) Is entirely consistent with the language of the by-law. Moreover, unlike the provision of G. L. c. 40A, § 6, at issue In Preston, supra, the by-law provision In the present case specifically Is directed to protect lots meeting specified criteria, despite being held In common ownership with adjacent land that would, under ordinary common law merger principles, cause the commonly owned lots to merge together. Accordingly, an interpretation that the Shaws' lot is entitled to grandfather protection under § 8.3.2(c) of the by-law Is faithful to the evident purpose of the provision - or at least a reasonable board could so conclude. In the circumstances, we see no cause to disturb the board's reasonable Interpretation of the by-law it is charged to administer. Judgment affirmed. Jason R. Talerman for the plaintiffs. Kate Moran Carter for John Shaw and another. Kimberly M. Salilant for Cohasset Zoning Board of Appeals. FOOTNOTES .[Note 1] Stephen J. Crummey. ,[Note 2], John and Martha Shaw. [Note3] Section 8.3.2(c) of the by-law specifies that a lot that does not meet the otherwise specified dimensional requirements of the by-law nonetheless is eligible for a building permit If: "2. Such lot, on or before the effective date of the requirements in question: "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; [or] c. 20,000 square feet in R-C district." ,[Note 4]. The plaintiffs acknowledge that the town may adopt a more generous grandfather protection than provided by G. L. c. 40A, § 6 (though If It does It must do so expressly). See Marinelli v. Board of Appeals of Stoughton, 65 Mass. App. Ct. 902 , 903 (2005). By specifically directing the protection afforded by section B.3.2(c) to lots held In common ownership at the time of the zoning change that renders them nonconforming, the by-law In the present case expressly affords more generous protection than § 6. ■.11" 1 i- s Commonwealth of Massachusetts. Trial Court Law Libraries. Questions about legal Information? 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