HomeMy WebLinkAboutLot Inquiry 1/19/17&o i7~o037ao
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TOWN OF YARTV[OCirr
BUILDING DEPARTMENT
1 146 Route 28, South Yarmouth, iMA 02664 508-398_2231
krRECEI
AN 13 2017
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t3UILDiNG Dr A 7M
LOT INQUIRY FORM (used for zoning purposes only)
Assessors' Map No. r Lot No. `'��—Street Address rT/ lLZ��
Endorsement Date of Subdi%i/lion Plan and
//Type (if applicable) ,
Total Land Area (sq. ft.)—
Q� Frontage
Name of Current Qwner V , t I �`� 4ddress S fry
—'- _ _Telephone No.
Inquirer's Name (if different from owner) To (� - ��
-__Telephone No. &?4 �' / 7 1 q
Inquirer's M lin Address r� `I- �(- /�
y � g U r i-`.�1.'1--'J • - l a v'� "��G�_ �(/,< rT o1* �,S—
Building Intent v_�-t1 I C►tr0i�� Adjoining Lot Numbers
By signing this algplic (ion ass y ders ding that the purpose of this inquiry is to determine whether the aforementioned
lot(s) qualifies for Prot c on of d ai Wore- undeveloped land and that to the best of my knowledge this lot(s) has
never previously been
Signature of Applican .—Date of Inquiry / LL. 17
DECISION (for office use only)
Does not conform to the applicable provisions of M.G.L. Chapter 40A, Section 6, Definitive Plan Exemption
and/or the applicable zoning bylaw, as per the information provided on this date.
Reason:
V T
Conforms to the applicable provisions of M.G.L. Chapter 40A, Section 6, T20or Section 104.3.41, Para,
zoning bylaw, as per the information provided on this date. Comments: of the
Protected pursuant to the applicable provisions of M.G.L. Chapter 40A. Section 6, Definitive Plan Exemption.
Application is incomplete. Comments:
Adequate road access must be present. A determination of adequate access sh;dl be made by the
Planning Board pursuant to M,G.L. Chapter 41 prior to the issuance of a building permit. (if applicable,)
Shall satisfy Title V requirements.
nts. (See Health Dept.)
Shall satisfy Conservation regulations, if applicable.
Shall satisfy the 01 'jigs Highway Regional Historic District Commission (if applicable)
Investigator's Signature Date
Rev. 8/0'
Brandolini, Jim
From: Brandolini, Jim
Sent: Thursday, January 19, 2017 4:58 PM
To: 'Atty Paul R. Tardif
Cc: Grvlls, Mark
Subject: 28 Highland Ave. Lot Inquiry
Good Afternoon Paul:
Please oe advised that I have reviewed the Lot Inquiry package for Parcel 52, shown on Assessors Map 61 and depicted
on a June 19, 1963 ANR Plan. That plan shows the lot contains 12,500 square feet of land area and a total of 225 feet of
frontage.
Based on this review, my summary findings and comments are as follows:
-The lot In question complies with the provisions of Zoning Bylaw 104.3.4, para S., providing it contains a minimum of
10,000 square feet of "non -wetland area"
-Section 104.3.4, para. 2 includes language that states, (the lot) "had less than the dimensional and density
requirements of the newly effective zoning". This coupled with the historical record that indicates the zoning area in
which the lot lies, required a minimum of 15,000, square feet in 1963. This was a result of zoning change in March,
1960, three years prior to the ANR endorsement
-One of the distinctions between para. 2 and 5 is that para. 5 is silent on whether a lot had to comply with the minimum
area requirements at the time it became non -conforming; only that it be "created by plan, approved or endorsed by the
Planning Board on or before June 3, 1996, duly recorded, filed, or registered"
-Accordingly, because it appears the parcel is not conforming to the provisions of para. 2, in that it contained less than
15,000 square feet, I find, aiternativeiy, that parcel 52 satisfies the standards set forth in para 5 and therefore is
afforded the toning protection of saAiie.
I will complete the Lot Inquiry Form and will reference 104.3.4, para. 5
Jim
LAW OFFICES OF
PAUL R. TARDIF, ESQ.) P.C.
490 MAIN SIREET
YARMOUTH PORT', NL1 02675
`508) 362-7799 (508) 362-7199 fax
RE Ei
[JAN 13 20 77
r3Ult,T1NG E)F'PARTI�1,F- r4T
nY
Paul R Tardif, Esq. Melissa G. MacLeod, Esq.
tardif a tardiLlaw.com %%n-,w.tardiflaw.com mehssantardiflaw.com
REFER TO FILE NO.
January 11, 2017
Mark Grylls, Building Commissioner
Town of Yarmouth
1146 Route 28
South Yarmouth, MA 02664
Re: Separate Buildability of Lot Lot Inquiry
28 Highland Avenue, South Yarmouth
Map 61, Parcel 52
Dear Mr. Grylls:
Please be advised that this office represents Lee Britton, Jr., the owner of the property at
28 Highland Avenue, South Yarmouth, Massachusetts (the Property). My client has inquired
with this office whether the Property, currently unimproved with any structure, may be sold, and
built upon, separately from the abutting lot at 24 HighIand Avenue, also owned by Lee Britton,
Jr. I have reviewed the records at the Barnstable County Registry of Deeds, the Yarmouth
Assessor's records, Massachusetts General Laws c. 40A, § I et al., as well as the Yarmouth
Zoning Bylaw. Based on that research, it is my opinion that the Property is a buildable lot,
which entitles my client to a building permit by right. I am writing to determine whether, based
on the information presented herein, you concur.
(:�28 Highland Avenue, South Yarmouth, MA
The Property is denoted as Parcel 52 on the Town of Yarmouth Assessor's Map 61. I
have attached a copy of the relevant Map, and have denoted the Property in yellow. Title to the
Property is currently in the name of Lee Britton, Jr., and is derived pursuant to a deed recorded in
the Barnstable County Registry of Deeds in Book 28619, Page 209, dated December 21, 2014,
The property is shown on a plan entitled "Plan of Land in So. Yarmouth Mass. Property of A.C.
Todd et ux.", and is an A=oval Not Required Plan which was endorsed by the Yarmouth
Planning Board oit Jltne 19, 196-� which said plan is duly recorded with the Barnstable County
Registry of Deeds in Plan Book 180, Page 83. (the "Plan"). I have attached a copy of the Plan
for your review. The lot in question is denoted on the Plan with the following language: "12,500
Page 1 of 4 Letter to Mark Grylls
28 Highland Avenue, So. Yarmouth, MA
S.F.". Currently, and based on the field card of the Town of Yarmouth Assessor's Office, the lot
is unimproved. Including Mr. Britton's ownership, the title to the property is as follows:
-Peter C. Britton, Trustee of the Dorothy E. Britton Trust to Lee Britton, Jr., by deed dated
December 21, 2014, recorded in the Barnstable County Registry of Deeds in Book 28619, Page
209;
-Dorothy Kell Britton to Peter C. Britton, Trustee of the Dorothy E. Britton Trust by deed dated
February 22, 2013, recorded in the Barnstable County Registry of Deeds in Book 27176, Page
67;
-Alexander C. Todd and Myra C. Todd to Lee Britton and Dorothy Kell Britton, by deed dated
November 4, 1963, recorded in the Barnstable County Registry of Deeds in Book 1225, Page
110;
The total area of the Property is approximately 12,500 square feet and contains 225 feet
of frontage on Highland Avenue and a Seth Lane. The Property is located in the R-40 zoning
district, which mandates the following current minimum bulk requirements for a single family
use:
Minimum Lot Area: 40,000 sf
Minimum Frontage: 150 ft
Front Yard Setback: 30 ft
Side Setback: 20 ft
Rear Setback: 20 ft
CONTIGUOUS PARCELS:
24 Highland Avenue (Map 61, Parcel 51):
This property is currently titled in the name of the Lee Britton, Jr. by virtue of a deed from Peter
C. Britton, Personal Representative of the Estate of Dorothy Edith Britton, a/k/a Dorothy Kell
Britton and Dorothy E. Britton to Lee Britton, Jr., by deed dated December 21, 2014, recorded in
the Barnstable County Registry of Deeds in Book 28619, Page 207. The property is denoted as
"Dr. Lee Britton Et Ux." as shown on the Plan. The lot contains 12,500 square feet of area.
Currently, and based on the tax card of the Town of Yarmouth Assessor's Office, the lot is
improved with a single family dwelling. The title to the property is derived as follows:
-Peter C. Britton, Personal Representative of the Estate of Dorothy Edith Britton, aWa Dorothy
Kell Britton and Dorothy E. Britton to Lee Britton, Jr., by deed dated December 21, 2014,
recorded in the Barnstable County Registry of Deeds in Book 28619, Page 207;
-Alexander C. Todd and Myra C. Todd to Lee Britton and Dorothy Kell Britton, by deed dated
November 24, 1947, recorded in the Barnstable County Registry of Deeds in Book 683, Page
276,
Page 2 of 4 Letter to Mark Grylls
28 Highland Avenue, So. Yarmouth, MA
40 Kelley Road (Map bl, Parcel 50):
This property is curare y titled in the name of Joseph J. Zona and Meredith S. Zona, by virtue of
a deed from Jamel 'S. Todd, by deed dated June 10, 1989, recorded in the Barnstable County
Registry of Deeds in Book 6783, Page 224. The property is denoted on the Plan with the
following language: "38,750 S.F.". Currently, and based on the tax card of the Town of
Yarmouth Assessor's Office, the lot is unimproved. The title to the property is derived as
follows:
-James S. Todd to Joseph J. Zona and Meredith S. Zona, by deed dated June 10, 1989, recorded
in the Barnstable County Registry of Deeds in Book 6783, Page 224;
-Alexander C. Todd, Jr. to James S. Todd, by deed dated August 13, 1982, recorded in the
Barnstable County Registry of Deeds in Book 3537, Page 61;
-James S. Todd, Executor, to Alexander C. Todd, Jr. by deed dated August 10, 1981, recorded in
the Barnstable County Registry of Deeds in Book 3348, Page 267;
-Alexander C. Todd and Myra C. Todd to Alexander C. Todd, by deed dated September 19,
1974, recorded in the Barnstable County Registry of Deeds in Book 2098, Page 137;
-Phebe L. Kelley, et al. to Alexander C. Todd and Myra C. Todd by deed dated August 6, 1945,
recorded in the Barnstable County Registry of Deeds in Book 634, Page 471;
ZONING:
The Yarmouth Zoning Bylaw addresses the buildabiUty_,Qf a lot held in common ownership with
no more than 2 other lots. Specifically, Section-f04.3.A antitled "Nonconforming Lots", states
as follows:
Except as provided below, lots which do not conform to the dimensional requirements of this by-
law, as amended, shall not be individually built upon unless combined and/or re -subdivided so as
to meet the revised dimensional requirements.
2. Two (2) or three (3) adjoining lots. Any increase in area, frontage or other dimensional
requirements of this zoning bylaw shall not apply to a lot for single family residential use,
provided the plan for such lot was duly recorded or endorsed and such lot was held in common
ownership with contiguous lots and had less than the dimensional and density requirements of
the newly effective zoning but contained at least seven thousand five hundred (7,500) square feet
and seventy-five (75) feet of frontage, or contained fifteen thousand (15,000) square feet and
Page 3 of 4 Letter to Mark Grylls
28 Highland Avenue, So. Yarmouth, MA
fifty (50) feet of frontage if approved under section 203.2 of this bylaw. This exemption shall not
apply to more than three (3) such adjoining lots held in common ownership.
In this case, the Property was created by an ANR Plan dated June 19, 1963. These lots
were compliant with zoning area requirements at the time of their creation. As indicated above,
the lot in question contains approximately 12,500 square feet, and has 225 feet of frontage on
Highland Avenue and Seth Lane. In addition, and as indicated by the title history of the
properties which are contiguous to 28 Highland Avenue, this Property and the lot at 24 Highland
Avenue were held in common ownership, but with no other lots.
I am of the opinion, based on this information, that the property at 28 Highland Avenue,
South Yarmouth, Massachusetts is a separate and buildable lot. I have included copies of each of
the deeds referenced above for your review, as well as the current Yarmouth Tax Assessor's
Field Cards. I have also attached a separate Lot Inquiry Form for your review and determination.
Please contact me if you would like to discuss this further, or if you are in need of additional
information. I certainly appreciate your time and attention to this matter and look forward to
kafing from you in the near future.
Very Tru ors,
WaulR.ardif
Enc.
Cc' Lee Britton, Jr.
Page 4 of 4 Letter to Mark Grylls
28 Highland Avenue, So. Yarmouth, MA
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PLAN of LAtya IN
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WAS MaDe' rev AceoRDANca Wlrm THe
YARM,VUT-H PLANNrK4 BOARD INffRVGTtON,S
AND Tr'+ArTHe PaRMAHX"r PotA/r1 SHowN
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28 HIGHLAND AVENUE
MAP 61, PARCEL 52
Vision Government Solutions
Page 1 of 3
28 HIGHLAND AVE
Location 28 HIGHLAND AVE
Acct# 8808
Assessment $193,700
Building Count 1
Current Value
Valuation Year
2017
Owner of Record
Owner BRITTON LEE JR
Address 24 HIGHLAND AVE
SOUTH YARMOUTH, MA 02664
Ownership History
Owner
BRITTON LEE JR
BRITTON LEE JR
BRITTON PETER C PERS REP
BRITTON DOROTHY KELL
BRITTON LEE
Mblu 61/ 52/ / /
Owner BRMON LEE JR
PID 8808
Assessment
Improvements I Land
$0 $193,700
Sale Price $100
Certificate
Book & Page 29045/ 101
Sale Date 07/30/2015
Instrument IF
Ownership History
Sale Price Certificate
Book & Page
$100
29045/ 101
$100
28619/ 207
$100
28619/ 205
$100
19040/ 43
$0
1225/ 11C
Building Information
Building 1 : Section 1
Year Built:
Living Area: 0
Replacement Cost: $0
Building Percent
Good:
Replacement Cost
Less Depreciation: $0
Building Attributes
Field I Description
Style Vacant Land
Model
Building Photo
Instrument
1F
1F
IF
1N
Total
$193,700
Sale Date
07/30/2015
01/08/2015
01/08/2015
09/17/2004
11/05/1963
http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid=8808 1 /10/2017
Vision Government Solutions
Page 2 of 3
Grade:
Stories:
Occupancy 1
Exterior Wall 1
Exterior Wall 2
Roof Structure:
Roof Cover
Interior Wall 1
Inter or Wall 2
Interior Fir 1
Interior Fir 2
Heat Fuel
Heat Type:
AC Type:
Total Bedrooms:
Total Bthrms:
Total Half Baths: i
Total Xtra Fixtrs:
Total Rooms:
Bath Style:
Kitchen Style:
Extra Features
Land
Land Use
Use Code
1300
Description
RES ACLNDV MDL-00
Zone
Neighborhood
0050
Alt Land Appr
No
Category
Outbuildings
Valuation History
Extra Features
(nttp://Images.vgsi.com/photos2/YarmouthMAPhotos//default.jpc
Building Layout
Buidup Lwfmt
No Data for Extra Features
Building Sub -Areas (sq ft) Legend
No Data for Building Sub -Areas
Land Line Valuation
Size (Acres)
0.29
Frontage
0
Depth
0
Assessed Value
$193,700
Outbuildings
No Data for Outbuildings
Assessment
http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid=8808 1 /10/2017
Vision Government Solutions
Valuation Year
2017
2016
2015
Page 3 of 3
Land Total
$0 $193,700 $193,700
$0 $178,200 $178,200
$0 $170,500 • $170,500
(c) 2016 Vision Government Solutions, Inc. All rights reserved.
http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid=8808 1 /10/2017
I—
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Bk 28619 Ps209 _88101
01-08-2015 a o1=24w
QUITCLAIM DEED
I, PETER C. BRITTON, Trustee of THE DOROT14Y E. BRITTON TRUST, u/d/t dated
September 11, 1997, under authority granted to me by the Trust, Trustee's Certificate recorded with,
with the Barnstable Registry of Deeds in Book 27176, Page 63, with a mailing address of 131
Warren Avenue, Boston, MA 02116, for consideration of One Dollar ($1.00) paid, grant to LEE
BRITTON, JR. of 24 Highland Avenue, Yarmouth, MA,
With QUITCLAIM COVENANTS,
The land in Yarmouth (South), Barnstable County, Massachusetts, containing 12,500 square feet
of land and is shown on a plan entitled "Plan of band in So. Yarmouth, Mass. Property of A.C.
Todd, et ux" made by Everett 11. Hinckley, Surveyor, dated June 12, 1963, duly recorded with
Barnstable Registry of Deeds in Plan Book 180, Page 83, more particularly bounded and
described as follows.
SOUTHERLY by a private way and a portion of Highland Avenue as shown on said plan,
125 feet;
WESTERLY by other land of the grantees as shown on said plan;
NORTHERLY by other land of the grantors as shown on said plan, 125 feet; and
EASTERLY by a private way as shown on said plan, 100 feet.
The Southerly and Easterly boundaries of the above -described premises are by the side lines of
said ways.
The above -described premises are conveyed subject to the following restrictions of record as the
same are in force and applicable.
For title see Deed dated February 22, 2013, recorded in the Barnstable Registry of Deeds in
Book 27176, Page 67.
EXECUTED as a sealed instrument this'? I day of December, 2014.
PETER C. BRITTON, Trustee
Bk 28619 Pg210 #880
COMMONWEALTH OF MASSACHUSETTS
Softol h , SS.
On this c' I day of December, 2014, before me, the undersigned Notary Public in the
Commonwealth of Massachusetts, then personally appeared the above -named PETER C.
BRrf TON, Trustee as aforesaid, proved to me through satisfactory evidence of identification,
which was M16 pr'015 LIOW , to be the person whose name is signed above, and
acknowledged to me that he signed it voluntarily for its stated purpose.
Notary Public
My Commission expires:
WCOMM4110n
WILLIAM SHAPIRO
Nolery PubliC
M.1161clueelte
Expires Apr 27, 20H
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register
4
Rk 27176 Po67 13066
03-44--2013 a 09:14cx
QUITCLAIM DEED
I, DOROTHY KELL BRITTON, individually and as surviving joint tenant, of South
Yarmouth, Barnstable County, Massachusetts, for consideration of One ($1.00) Dollar paid,
grant to PETER C. BRITTON, Trustee of THE DOROTHY E. BRITTON TRUST OF
SEPTEMBER 11, 1997, a Trustee's Certificate recorded herewith, with a mailing address of 131
Warren Avenue, Boston, MA 02116,
WITH QUITCLAIM COVENANTS
The land in Yarmouth (South), Barnstable County, Massachusetts, more particularly
bounded and described as follows:
SOUTHERLY by a private way and a portion of Highland Avenue as shown on a plan
hereinafter mentioned, 125 feet;
WESTERLY by other land of the grantees as shown on said plan,
NORTHERLY by other Iand of the grantors as shown on said plan, 125 feet; and
EASTERLY by a private way as shown on said plan, 100 feet.
The Southerly and Easterly boundaries of the above -described premises are by the side lines of said ways.
The above- described premises contain 12,500 square feet of land and are shown on a plan entitled "Plan
of Land in So. Yarmouth, Mass., property of A. C. Todd, et ux" made by Everett H. Hinckley, Surveyor,
dated June 12, 1963, duly recorded with Barnstable County Registry of Doeds.
The above -described premises are conveyed subject to the following restrictions which are imposed for
the benefit of the remaining land of the grantors as shown on said plan.
1. No building or structure shall be erected, remodeled as to the exterior thereof, or added to on said
lot until the plans thereof have been approved by the grantors, or the survivor of them, or such
other person as the grantors may from time to time appoint for this purpose. Such approval,
however, shall not be unreasonably withheld.
2. All construction upon said lot shall be of a permanent type.
Property Address: 24 Highland Avenue, Yarmouth, MA
Bk 27176 Pg 68 #1306E
3. No animals, fowl or swine shall be kept upon said premises except domestic household
pets.
4. No trailers, tents or outside privies shall be erected or maintained upon the above -
described lot.
5. Said lot shall be used for residential purposes only and no business, trade or calling shall
be conducted thereon for profit, but this restriction shall not prevent the carrying on or
practice of a profession upon said premises.
6. Only one dwelling shall be placed on said lot together with a garage designed for the
storage of not more than two private automobiles; but this restrictions shall not prevent
the extension of the present residence of the grantees from the land now owned by the
grantees adjoining said premises in, over and upon the granted premises, or the erection
of a garage designed for not more than two automobiles for the use of the grantees'
dwelling on said adjoining premises. If any commercial vehicle is kept on the premises,
it should be placed inside the garage. Such dwelling, together with any garage, shall be
back at least thirty (30) feet from the side line of the ways abutting said premises.
7. No sewerage disposal shall be made upon the said lot except by septic tank or cesspool
Being the same premises conveyed by Deed of Alexander C. Todd and Myra C. Todd to Lee
Britton and Dorothy Kell Britton dated November 4, 1963 recorded in Barnstable County
Registry of Deeds in Book 1225, Page 110. Lee Britton died November 6, 2003; see
Massachusetts Estate Tax Lien for Lee Britton recorded in Book 19040, Page 44.
EXECUTED as a sealed instrument this 22nd day of February, 2013.
DOROTHY KELL BRITTON
Property Address: 24 Highland Avenue, Yarmouth, MA
Bk 27176 Pg 69 #1306E
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
On this 22"d day of February, 2013, before me, the undersigned Notary Public in the
Commonwealth of Massachusetts, then personally appeared the above -named DOROTHY
KELL TT 1 proved to me through satisfactory evidence of identification, which w6w
, to be the person whose names is signed above, and
acknowledged to me that she signed it voluntarily for its stated purpose.
t�
C_ dij-
Notary Public
My Commission Expires:
KELLY C. GILL
Notary Nbk, Commonwealth of Ida
My Commission Expires on February 4 ; 6 .t .
! a
Property Address: 24 Highland Avenue, Yarmouth, MA
BARNSTABLE REGISTRY OF DEEDS
ALEXANDER C. TODD and MYRA C. TODD, husband and wife, as tenants by the
1225 of entirety, both of Yarmouth (South), Barnstable aunty. tlas5achu�rcts
1 0 Lung 3owanitd, for considuit in lVld; rta, t, LEE BRITTON and DOROTHY KELL BRITTON,
husband and wife, as tenants by the entireLy, both of Yarmouth (South),
Barnstable County, Massachusetts,
nk
with gnttrlatm rtsnrttants
the land in Yarmouth (South), Barnstable County, Massachusetts, more part_cularl;l
bounded and described as follows:
'i'aw..44✓. •ed �r+env attM it •nl
SOUTHERLY by a private way and a portion of Highland /,venue as
shown on a plan hereinafter mentioned, 125 feet;
WESTERLY by other land of the grantees as shown on said plan,
NORTHERLY by other land of the grantors as shown on saLd plan,
125 feet; and
EASTERLY by a private way as shown on said plan, 100 feet,
The Southerly and Easterly boundaries of the above -described prem-
ises are by the side !:Ines of said ways.
The above -described premises contain 12,500 square feet of land and are
shown on a plan entitled "Plan of Land in So. Yarmouth, Mass., property
of ". C. Todd, et ux' made by Everett H. Hinckley, Surveyor, dated June
12, 1963, duly recorded with Barnstable County Deeds.
The above -described premises are conveyed subject to the f:ollow_ng re-
strictions which are imposed for the benefit of the remaining land of
the grantors as shown on said plan:
1. No building or structure shall be erected, remodelled as to t:he
exterior thereof, or added to on said lot until the plans thereof
have been approved by the grantors, or the survivor of them, or such
other person as the grantors may from time to time appoint cor th).s
purpose. Such approval, however, shall not be unreasonably withheld.
2. All construction upon said lot shall be of a permanent type.
3. No animals, fowl or swine shall be kept upun sa,.d premises except
domestic household pets.
4. No trailers, tents or outside privies shall be erected or ma;.n-
tained upon the above -described lot.
J. Said lot shall be used for residential purposes only and no busi-
ness, trade or tailing shall be conducted thereon for profit but this
restriction shell not prevent the carrying on or practice of a profes-
sion upon said premises.
(' I-&YaW—Joint Taaau—T...4 ia,c=z>a=Tm"u by the E"Wq
6. Only one dwelling shall be placed on said lot together with
a garage designed for the storage of not more than two private 1225
automobiles; but this restriction shall not prevent the exten-
sion of the present residence of the grantees from the land now 1 1 j
owned by the grantees adjoining said premises in, over and upon
the granted premises, or the erection of a garage designed for
not more than two automobiles for the use of the grantees' dwell-
ing on said adjoining premises. If any commercial vehicle is kept on
the premises, it should be placed inside the garage. Such dwellingo
together with any garage, shall be back at least thirty (30) feet
from the side line of the ways abutting said premises.
7. No sewerage disposal shall be made upon the said lot except
by septic tank or cesspool.
For our title see deed ox Phebe L. Kelley et al to us dated August
6, 1945, recorded with Barnstable County Deeds in Book 634, Page
471.
The above -described premises are conveyed together with a right
to use the private ways as shown on said plan in common with the
grantors, their heirs and assigns and all others entitled thereto
for all purposes for which ways are commonly used in the Town of
Yarmouth, insofar as the grantors have the right to grant the same.
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A '
D
7
A
F
�tx�®tx�%�1d5(R+x
O m
)OtR
$thtla9....»�r..... . hands ens! xala chLs .. ,. .. �L..........day of.....November 63................. _... '....t9
............. »....... ............................................ t __ - ` ••...1. �,'y �
04t C umlaularaI14 at 0mur4autu
1225 Barnstable, ss- November 1 1963.
1 1 2 Then personally appeared the above named ALEnNDER C . TODD
and acknowledged the foregoing lattnuneot to be a:t Wud d ore me
t' f.7' E 4 n s 7 K� s ctaan Pab `— I�Y19R1Ar'lr`
My C.omnu A00 P.zpuri Al ; r , l9 6 b
Barnstable, ss., Received November 5, 1963, and is recorded.
We, GUY L. FARRELL and RUTH FARRELL, husband and wife, as
Tenants by the Entirety, both of Eastham, Barnstable County,
Massachusetts, for consideration paid, grant to LOREO,%N F. oT. CYR,
of 58 Gateway Drive, "pringfieid, Hampden County, Massachusetts,
with UUITCLAIM COVENANTS, the land in Eastham (North), Barnstable
'aunty, Massachusetts, bounded and described as follows:
NORTHEASTERLY by land of Henry 0. Daniels, a distance
of One Hundred Thirty and 97/100 (130.97)
feet, as shown on a plan hereinafter
mentioned;
SOUTHEASTERLY by lot /6, a distance of One Hundred
6eventy-Four and 59/100 (174.59) feet,
as shown on said plan;
SOUTHWESTERLY by a 40' private way, a distance of Cne
Hundred Thirty -Five and 00/100 (135.00)
feet, as shown on said plan; and
NORTHWESTERLY by land of Fred G. La Piana at ux, a
distance of Two hundred Five and 01/ICO
(20S.01) feet, as shown on said plan.
Containing an area of 23,571 square foot, more or less, and
being shown as lot r/7 on a plan entitled: "Subdivision of Land
in Eastham (North), Mass. belonging to Ever N. Johnson _sale:
I in. - 50 ft. January 1957 Schofield Brothers Civil Engineers
Orleans & Framingham Mass." Said plan being recorded in the
Barnstable County Registry of Deeds in Plan Book 134, Page 135.
Included in the above description is a temporary turning
area on the said 40' private way which is to be abandoned when
the way is extended, as shown on said plan.
Together with the right to pass and repass between the
granted premises and Route 6 over the 40' private way, and to
use the same as ways are commonly used in the Town of Fastham,
both now and hereafter.
So much of the granted premises as are included in the limits
24 HIGHLAND AVENUE
MAP 61, PARCEL 51
24 HIGHLAND AVE
Location 24 HIGHLAND AVE
Acct# 9046
Assessment $452,900
Building Count 1
Current Value
Valuation Year
2017
Owner of Record
Owner BRITTON LEE JR
Address 24 HIGHLAND AVE
SOUTH YARMOUTH, MA 02664
Ownership History
Owner
BRITTON LEE JR
BRITTON LEE JR
BRITTON PETER C TR PER$ REP
BRITTON PETER C TR
BRITTON DOROTHY KELL
Building Information
Building 1 : Section 1
Mblu 61/ 51/ / /
Owner BRITTON LEE JR
PID 9046
Assessment
Improvements
$314,600
Land � Total
$138,300 $452,900
Sale Price
$100
Certificate
Book & Page
29045/ 100
Sale Date
07/30/2015
Instrument
IF
Ownership History
Sale Price Certificate
Book & Page
$100
29045/ 100
$100
28619/209
$100
28619/205
$100
27176/ 67
$100
19040/44
Year Built:
1830
Living Area:
2,299
Replacement Cost:
$457,945
Building Percent
68
Good:
Replacement Cost
Less Depreciation:
$311,400
Building Attributes
Instrument
Sale Date
1F
07/30/2015
1F
01/08/2015
1F
01/08/2015
IF
03/04/2013
1N
09/17/2004
Field
Description
Building Photo
Style
Model
Grade:
Stories:
Occupancy
Exterior Walt 1
Exterior Wall 2
Roof Structure:
Roof Cover
Interior Wall 1
Interior Wall 2
Interior Fir 1
Interior Fir 2
Heat Fuel
Heat Type:
AC Type:
Total Bedrooms:
Total Bthrms:
Total Half Baths:
Total Xtra Fixtrs:
Total Rooms:
Bath Style:
Kitchen Style:
Old Style
Residential
Excellent
2 Stories
1
Clapboard
Wood Shingle
Gable/Hip
Wood Shingle
Drywall/Sheet
Plastered
Pine/Soft Wood
Ceram Clay Til
Oil
Hot Water
None
3 Bedrooms
2
1
(http://images.vgsi.com/photos2/YarmouthMAPhotos//\00\001
Building Layout
Building Sub -Areas (sq ft) Legend
Gross Llving
Code Description
Area Area
BAS First Floor
1,836 F1,836
925
463
FHS Half Story, Finished
624
0
FGR Garage
FOP Porch, Open, Finished
44
0
UBM Basement, Unfinished
834
0
4,263 2,299
Extra Features
Extra Features Legend
Code Description size Value I Bldg #
FPL2 1.5 STORY CHIM 1 UNITS $1,700 1
FPLI FIREPLACE 1 ST 1 UNITS $1,500 1
Land
Land Use
Land Line Valuation
Use Code
1010
Description
SINGLE FAM MDL-01
Zone
Neighborhood
0050
Alt Land Appr
No
Category
Outbuildings
Valuation History
Valuation Year
2017
2016
2015
Size (Acres)
0.29
Frontage
0
Depth
0
Assessed Value
$138,300
Outbuildings
No Data for Outbuildings
Assessment
Improvements
Laid _ _� Total
$314,600 $138,3001 $452,900
$314,600 $127, 300 $441, 900
$349,400, $121,700 $471,100
(c) 2016 Vision Government Solutions, Inc. All rights reserved.
ek 28619 ra 2137 ?�
01-08-2015 a 01 = 240
FIDUCIARY DEED
I, PETER C. BRITTON, of Boston, Massachusetts, as Personal Representative of the Estate of
DOROTHY EDITH BRITTON, a/k/a DOROTHY KELL BRITTON and DOROTHY E.
BRITTON, Barnstable Probate and Family Court Docket No. BA 14P 1297EA, under the power
conferred in the Last Will and Testament of DOROTHY E. BRITTON, for consideration of One
Dollar ($1.00) paid, grant to LEE BRITTON, JR. of 24 Highland Avenue, Yarmouth, MA,
The land in said Yarmouth (South), Barnstable County, Massachusetts, together with the
buildings thereon, bounded and described as follows:
BEGINNING at the Southwest corner of the granted premises at the junction of Highland
Avenue and a Private Way;
THENCE running North 16" 59' East by said Private Way, One hundred (100) feet to other
land of the grantors;
TI iENCE running South 72' 02' East by said other land of the grantors, One hundred and
twenty-five (125) feet to other land of the grantors;
THENCE running South 16' 59' West by said other land of the grantors, One hundred (100)
feet to a Private Way; and
THENCE running North 72' 02' West by said Private Way and Highland Avenue, One hundred
twenty-five (125) feet to the first above mentioned Private Way, it being the
point of beginning.
This conveyance is made subject to the restrictions of record insofar as the same are in force and
applicable.
For title see Deed dated November 24, 1947, recorded in the Barnstable Registry of Deeds in
Book 683, Page 276. Lee Britton died November 6, 2003; see Massachusetts Estate Tax Lien for
Lee Britton recorded in Book 19040, Page 44. Dorothy Edith Britton, a/k/a Dorothy Kell Britton
died on June 15, 2014, see Death Certificate recorded herewith.
EXECUTED as a sealed instrument this'?-s' ay of December, 2014.
e �Z' 4! t; —z— /,/-, � (/ I - r - �--46—F 7 —
PETER C. BR ON, Personal
Representative
Bk 28619 Pg208 #879
COMMONWEALTH OF MASSACHUSETTS
'X401 h 'SS
On this <�'j day of December, 2014, before me, the undersigned Notary Public in the
Commonwealth of Massachusetts, then personally appeared the above -named PETER C.
BRITTON, Personal Representative as aforesaid, proved to me through satisfactory evidence of
identification, which was A , c)r \\) 5 LLfAS t _, to be the person whose name is signed
above, and acknowledged to me that he signed it voluntarily for its stated purpose.
Notary Public
My Commission expires-
Q)c
WILLIAM SHAPIRO
N tary131c Public
Masa�ChuaHlf
ommlaslon EXPIM Apr 27, pole -I
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register
DUM
276
b-�.a_.$�_ TQDD end tNRe r mn�� d end �f fw t -
ytthe ent ire ty. both >- •�— ++
of _Ya=OL th (SQu .h)
IMIX "4 for coaiidera6on paid, grant t may, Massathusette,
huahnnd
of ...-$tGugh.t�n�_.bTn,.tnl punts_ ,fig _
._ —nth gcGrLrim cantmarta
the land in _Amid Yarm uth-i[$nuthl LA v1 th
boundad_ and Awarni hA a s~ 8 ftr thw ht_ t Ai. ��ty,vy
nWAZ-
(De=criytion and encumbrances, if tay)
Beginning at the Southweat corner of the granted premises at
the junction of Highland Avenue and a Private Way;
thence running North 16 59' East by said Private Way one
hundred (100) feet to other land of the grantors;
thence running South 720 02t East by said other land of the
grantors onti hundred and twenty-five (125) feet to other land of the
grantors;
thence runningg South 160 59, West by said other land of the
grantors one hundred (100) feet tog Private
nt byWay; and
thence nd
Highland Avenue onehundred ttwenty-five e(125) feet osaid ithe sfirstWaflabove
mentioned Private 'Pay, it being the point of beginning.
Being a portion of the premises described in deed from Phebe
L. Kelley et alit to us dated August 6th, 1945, recorded with Barnstable
County Registry of Deeds in Book 634, Page 471.
This conveyance Is made subject to the following restriction:
No overnight camps, cabins or trailers shall be erected, maintained or
used on the premises.
mnaa�rt ��
_ �>'ta
s� c1sL^ hands and Seal s this__ lc daY of-i2Y_4j2b&r--19 47.
t'Llle TIMI tntunttdt4 of Mufmr4aa,tffa
$arestttble,
aaveatbe�� �t 19 47.
Thor personally appeared tltc abrne na,ced _.A1 nn ig�y�n
and acknowledged the foregoing instrument to bc__ thelr—free act an �-
Notary
t i
My commission uyira—LZI_'7_!1 /�ly �
Barnstable, ga., Received November 25, 19479 and is recorded.
?➢e,.. I.BB HATTToN ..arid...DaROTHY. FELL BBITT011, . husband and wife,. sa......
tenantn._ heStoughtonf._HortolQonnty, ......____
lQassachtlDe,t.t. ..entirnLy, . bo.th_ oflc ,........... ..................... .... ..........._.....__�
bL*Rxxxmx=tad, for consideration paid grant to BASS RIVER SAVINGS BANK, a banking
corporation dniy established under the taws of theCommonwcalth of lfassachusetts, having its prm
cipal place of business in that part of the Town of Yarmouth known as South Yarmouth, Barn.
maUCo.mth, massachuseas, .......................-•-----..........................._._..........,,_.,,,..._..... ...___ ....
he
ineut
tie ith MORTGAGE COVI•:NAD1T8• t111'IOCd t;a4D.d.a, fifty f Blld..IIA1..�.QQ�}31.i... .........
..
H F -- -. Dollars
pa7abla..Zt-voaty-.a.eyon Aollara a.nd..Zighty.-e.esen Cents 3-77...87)
.ato,tlthlY... L.o...APPIY..on intora.a.t . and..,princ.ipal,.... the ...balsnc.e. of -said.
.px1)P9.tpa1.. P1-. pasa$19 . .. ... _..................... . ...... _. .-._,.._.......... _......" ..-
in-..-...Vk-N-Ap...UP) .... _ year s with.......�..ftaur....�4)............... per centum interest
per annum, payable .O1 athly,
as provided in ..... 91-r_..._, note of even date signed by ....11s.......... ........... w,,...........
.... . ,.
the land in said Yarmouth (South), together with the buildings
thereon, bounded and described as follows:.
Beginning at the Southwest corner of the granted premises at
the ,Junction of Highland Avenue and a Private Way;
thence running North 160 591 Bast by said Private Nay one
hundred (100) feet to other land of the grantors;
thence running South 720 02, East by said other land of the
grantors one hundred and twenty-five (125) feet to other land of the
grantors;
thence running South 160 59' Neat by said other land of the
grantors one hundred (100) feet to a Private Way; and
thence running North 720 02' west by said Private Ray and
Highland Avenue one hundred twenty-five (125) feet to the first above
mentioned Private Way, it being the point of beginning.
This conveyance is made subject to the following restriction:
No overnight camps, cabins or trailers shall be &rooted, maintained or
used on the premises.
Being the same premises conveyed to us by Alexander C. Todd at ux
by deed to be recorded herewith.
The Mortgagee is hereby specifically authorised to pay when
due, or at any time thereafter, all municipal taxes, charges and
assessments, upon the mortgaged property and to charge the same
to the account of the Mortgagors. In order to provide the Mortggages
with sufficient funds with which to make said payments, the Nortgagora
shall pay to the Mortgagee in each month in addition to the payments
AM
277
P-
40 KELLEY ROAD
MAP 61, PARCEL 50
Vision Government Solutions
Page 1 of 3
40 KELLEY RD
Location
40 KELLEY RD
Acct#
8807
Assessment
$216,600
Building Count
1
Current Value
valuation Year
2017
Owner of Record
Owner ZONA JOSEPH J
ZONA MEREDITH S
Address 1 ANDREWS WAY
ARLINGTON, MA 02174-5805
Ownership History
Owner
ZONA JOSEPH J
ZONA JOSEPH J
Building Information
Building 1 : Section 1
Year Built:
Living Area: 0
Replacement Cost: $0
Building Percent
Good:
Replacement Cost
Less Depreciation: $0
Mblu 61/ 50/ / /
Owner ZONA JOSEPH J
PID 8807
Assessment
Improvements I Land
$0 $216,600
Sale Price $0
Certificate
Book & Page 6783/ 224
Sale Date 06/23/1989
Instrument
Total
$216,600
Ownership History
Sale Price Certificate Book & Page Instrument Sale Date
$01 6183/ 224 06/23/1989
$0
Building Attributes
Field ! Description
Style Vacant Land
Model
Grade:
I
{
Stories:
!
Occupancy
Building Photo
(http://Images.vgsi.com/photos2/YarmouthMAPhotos//default.jpc
http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid=8807 1 / 10/2017
Vision Government Solutions
Page 2 of 3
Interior Wall 1
Interior Fir 1
Total Half Baths:
Total Xtra Fixtrs:
Total Rooms:
Bath Style:
Kitchen Style:
Extra Features
Building Layout
x Building Layout
Building Sub -Areas (sq ft) Leciend
No Data for Building Sub -Areas
Extra Features Legend
No Data for Extra Features
Land
Land Use Land Line Valuation
Use Code
1300
Size (Acres)
0.68
Description
RES ACLNDV MDL-00
Frontage
0
Zone
Depth
0
Neighborhood
0050
Assessed Value
$216,600
Alt Land Appr
No
Category
Outbuildings
Outbuildings
LeaeIId
No Data for Outbuildings
Valuation History
Assessment
Valuation Year I Improvements Land T Total
11 _A
2017 I $01 $216,600 $216,600
2016 I $0� $199,300
http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid-8807
$199, 300
1/10/2017
Vision Government Solutions
Page 3 of 3
2015
$0 $190,600 $190,600
(c) 2016 Vision Government Solutions, Inc. All rights reserved.
http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid-8807 1 /10/2017
M a.!!•G NUrJRrt pUtTCLMM p[[p aN011T /OIIM (INpIyIpU •t-1 Ht
BOOK 6783PAGE 224 31430
I, James S. Todd
of 388 Beech Mood Road, Ridgewood, N.J. 07450 AScKA A®[iEYGLlliFO
! Geing>wmarried, for consideration paid, and in full consideration of One Hundred Sixty Thousand and
00/100 ($160,000.00) Dollars
grant to Joseph J. Zona and Meredith S. Zona , ervrA.#aa Awa tirrfw, Is ?*f.rr •
z-rAarTs, (lar/V
of 81 wachusett Avenue, Arlington, MA 02174 with gtftirintm raarnanta
j thelandin BARNSTABLE County, Yarmouth (South), Massachusetts
(Description uad emrnbranaa, if any]
the land situated in the Southerly part of Yarmouth and bounded and
described as follows:
NORTHEASTERLY by a Private way, as shown on plan hereinafter
mentioned, a distance of two hundred fifty (250) feet;
SOUTHEASTERLY by a Private way, as shown on said plan, a distance of
one hundred fifty-five and 4/10 (155.4) feet;
SOUTHWESTERLY by land now or formerly of Dr. Lee Britton et ux, a
distance of two hundred fifty (250) feet; and
NORTHWESTERLY by Kelley Road, a distance of one hundred fifty-five
and 4/10 (155.4) feet.
Containing an area of 38,750 feet and being shown on a plan entitled
"Plan of Land in So. Yarmouth, Mass. Property of A. C. Todd et ux"
recorded in the Barnstable County Registry of Deeds in Plan Book 180,
Page 83. Said premises also include such rights and easements of
record as may be appurtenant to said land.
For my title, see deed from Alexander C. Todd, Jr. to me dated August
13, 1982 and recorded in Book 3537, Page 061.
m �. Y •
s W z �34y.o tior,, ..
to W m Y �Q Yl
W O o
ukt........hand and seal this......... bd........ day of....... June...................19...89
es S. Todd
`.........................................................................................................................
i X�FxQ�l1:1�Hbllifl� �i(�E11H4lt1ji(�k� .,.... .
THE STATE OF NEW JERSEY
ss. June / 0Cc
:�� 8?•,
Then personally appeared the above named James S. Todd J
n
and acknowledged the fore, oing instrument to be his ffr�ee act and deed before mIt It... ;
' [Jq.ry tsuhli, — Juslia of the Arare
rtr ro(nmisslon Vices "t Ivgg
L. � ..��. lfiif•S t1tR
NOTARY PUBLIC OF NEW 4WEY
1t1T coKMlsalo)i Ev"" YL 1. ;pit
(sirdiviJval foist Tcnanu-1'cn,tnts in Cnmmm.)
! CtiAt*rGR 183 sF.G F AS AhILNTfFD BY CI(APrFR 4y7 OF 19Rv
C+wry deed grexntcd (pr terotJ •hall mn!sin nr ha+r rn&r-,A ut on tr dv (ult name. roklenae and pov office eddrm, of the f,Yantce
anJ a rc'rital of the urount of the fuL ron!rkra: ism N-rcof fn dollar• or ilw no—, rf tlM Ml.cf rOnridaya!inn thtrefoe, i( not d T"red
For a sl•e,i F, mp [Ipfe V'm, Tl, full m;taidcraWon .hill rt+tsn the e. cal nee !o. lho m,veysn.e i!Iw+ul dtJuuia+ 6n pny Irma or
ers,an+M+nc" ■,sw,tJ by the gr ntm nr mnrsinirt� thereon. All swig t.+dO x'In,..la w.l mitals Doll b: rccordc.l .1 rstt or t)t dyed
lrtilurt to comply ofth this �,+ion stull not .11"t the +*Vd;tr• of sny deerr}�.- t+!�j nrc xry of de-L, shall ,crept a drn1 for mo(dfnjz a 1l ,
it ii in (o(npiianee trfth the tcquirrnlrrt) of this wt:(+n ItLVVI, � JUN 23 89
aoa9537rut 061
21zss
1, ALEX.ANDER C. TODD, JR.
of 140 North Dennis Rd,, South Yarmouth, Barnstable County, Muud um
In owuldermlon of
TWENTY THOUSAND ($20,000.00) DOLLARS
(rant to JAMES S. TODD of 388 Beachwood Road, Ridgewood, New Jersey
With gLadaim cabs:s "b
the land )sac situated in the Southerly part of Yarmouth and bounded and
described as follows:
NORTHEASTERLY by a Private Way, as shown on plan hereinafter
mentioned, a distance of two hundred fifty (250)
feett
SOUTHV.STSRLY by a Private Way, as shown on said plan, a distance
of one hundred fifty-five and 4/10 (155.4) feats
SOUTHWESTERLY by land now or formerly of Dr. Lee Britton at ux,
a distance of two hundred fifty (250) feet) and
NORTHWESTERLY by Kelley Road, a distance of one hundred fifty five
and 4/10 (155.4) feet.
Containing an area of 38,750 feet and being shown on a plan entitled
"Plan of Land in So. Yarmouth, Mass. Property of A. C. Todd at ux"
recorded in the Barnstable County Registry of Deeds in Plan Book 180,
Page 83. Said premises also include such rights and easements of
record as may be appurtenant to said land.
For title see Barnstable Probate Case /59576, Certificate releasing
Massachusetts Estate Tax Lien recorded in Book 3239, Page 20, and
deed recorded in the Barnstable County Registry of Deeds in Book 3348
Page 267.
Executed u a aaW Instrumcat this
J ♦ ,� J
f
.r
dsy of "9
'41 Z==nfat X"4 of Auss"Oseth
Barnstable a. 4LyalCf- /3 19 82
Tbea perwasfty .ppmmd the above named Alexander C. Todd, Jr.
&M aoknowtedjtd Me fortjo4q Wmmtm to be his ftw ,. n4,,ikks
GOTTA
y explru : ,l�ivy- S."�
fftl)uts�E� AUG is 82
0
y
,0K3348v_sE 267
1, JAMES S. TODD
EXECUTOR under the WILL of—d(�1N�D�90Ji�ii1G1t1�1�RDft1EXA7db1Y�E�6SilQ1Ht���{!if
�����YXXXI(1SQPfD�'1[7?Xd'E'1�XX>i�'Rd(IHydf7FKXRl€)tDi«DIDi�Sxtt)i)<-K4C4D%1i�Jli6�l�t�
ALEXANDER C. TODD
by power conferred ilk by sa id Wi 11
n
and every other power,
�. for consideration of less than One hundred ($100.00)---------- Dollars
paid, grant to James S. Todd of 388 fleechwood Road, Ridgewood, N. J. 07S40
y a d Al xander C. Todd Jr. of 140 North Dennis Road, Soutn Yarmouth,
xt RA Anxx .Massachusetts H664 as tenant §n commD rt
s t c land situated in the Southerly part o armouth And bounded and des-
cribed as follows:
NORTHEAS'IERLY by a Private Way, as shown on plan hereinafter mentioned, a
- distance of two hundred fifty (250) feet;
SOUTHEASTERLY by a Private Way, as shown on said plan, a distance of one
hundred fifty-five and 4/10 (155.4) feet;
SOUIHWES'IERLY by land now or formerly of Dr. Lee Britton et ux a distance
of two hundred fifty (250) feet; and
O55E14)feet.
by Kelley Road a distance of one hundred fifty-five and 4/10
(1
Containing an area of 38,750 square feet and being shown on a plan entitled
"Plan of Land in So. Yarmouth, Mass. Property of A. C. Todd et ux" recorded
in the Barnstable County Registry of Deeds in Plan Book 180, Page 83. Said
premises also include such rights and easements of record as may be appur-
o tenant to said land.
m tt for grantor's title see Barnstable Probate Case 159576, Certificate re-
^+& leasing Massachusetts Estate Tax lien recorded in Book 3229, Page 20, and
p re deed re Corded in the Barnstable County Registry of Deeds in Book 2098,
Page 137.
uThis deed is given to confirm the devise under the Will of Alexander C. Todd.
>• p �
0
p J�
a � •O
� G �
w
�.
..1 O
� tt
0. p
„z
u �Btlurna..' ..hand and seal this ... ............ day of.... r...............19.�
o.... _.....
b ,1 CS S. TO d Executor
........ ...................... ................................................ ................................................,.................. .......................
•...................
................................................
..,.............. .......................................................................................
tEi � XIId(il121lt�ti 7t1Gc ��1tCtl�llilRjli
STA rE OF NEW .JERSEY
ss. 1 19
r.
x7h:u pers,.,o-ilk appc.ired the above named James S. TODD Executor ^ -! 3/s
0
and atkuuvItJScd tJ+c foregoing isutrumrnt to be his free act and deed, befog me !.
Ntul4 " —4a�"
My mmminim npim. 1d .kL.Q!!w'...P.f..��..«....:. 9 -.
IANET D. Hf�r+' '
hLbUiALL' AUL 25 81 " NOTARY t a;-,'�`"',,,,, ,�°�`s Q t
eua2098 ►:.I 137
0IAS6ACNV%CTT/ OVITCLAIN 0990 INDIWOVAL (LONG IOIIN) "2
We, :t C. .ODD and 11YAA C. TODD, zt 7..17
hu.: a.,- tn: ,._ff:, :oth
of Yarmo •th (South), Barnstable CoWty,ltiassachusct(.
AUtIlptanaw"for consiuermioupaid,and infull wasiderationof lots than '+100.00---------
Rran$%rn Ai, .�.,:.y_ t C. TODD of Bellevue Avonue, Yarmc, th (South), e
_�A.:-n::tublo County, i-.asaachusotts,
xtx widh gttgclaba casrautRts
r)Wb§KAr, uh, =anti situated in the Southerly
1 D:vnry.u11 .-,rl lM JT�W UKC% if .o►)
part .)f ::aid Yarmouth an . '*,o,:n:,oc: and c:escribed as follows:
Ilortheast-rl , by a Private Way, as sbrrm on plan
herein•S.cr renti nod, a d:ntnrec of two hundred
firt:- (2='o) feet;
Southoartor'y by a P^ivnto I:a;,, an shotrn on said
nlnn, r_ 'i ztonr,; of one hundred fifty-fivo o.nn: 4/10
(151%10 feet;
Southwer,tcrly h:: Ian,' now or for- nrl-i of Dr, Lee
Britton of lax a 't:ntarne o" two himdr- fifty
(?KW foot; Lrd
I;orthwo: torly by )volley road a @ia4rm:r of one
hundred fJft- -fivo r-nd i /1C (155.1! ) fact.
ContaitiinU, an arfeof 38,750 sq.•aro feet and boinr, shown on a plan
ontitled "Plan of Land in So. Yarmouth, Mans. Property of A. C.Todd
et ux" recorde! !DI the BP,-naL/.blc County lie 1--try of Dods in Plan
Book 130, Pa,;o 83.
The above 0ener bud promison are a -rortion f the land conve;;ed to
us by door' ,^rom Plane L. Kelley at als datod August 6, 1945 and re.
corde' •n the i+rtr.mLable County :Iegletry of Deeds in Boot. 6311, Paf;e
471.
I
laid prom I nos aro convnynf: nub oct to anal (,i tF the benefit of
eano^lenLr, rr„trictions, e-venantn and enc•unbrcrcca an not forth in
the above montirneli (cad. 1
I
Tha onnni-leratir,n ;or :.; o don' in leas than �100.00 f^nd therefore
n•. rr•nr :•'.fun,; :1 uve roquired to be affixo-` thereto.
R
(0Wiridual —Joint Taamts — Tenants in Common — Tenants by the EnIsrety. )
toat2098 rA f 138
gdtwm ,, ...onr... haode and ads this
........................ .`..r.......................... ....,..........
Cl
�. .. _ ..... _.........
.
day of .40n *........ 19.3.4.
q � Toda.. ................ .
34t & mmfsnmtaU4 of llaasar4u&tb
Barnstable, SoSeptember 10 -d`19 74.
Then personally oppcxmlthe above uLmoi Alexanrlor C. Todd and Myra C. Todd
sad adaorlcd8cd ncc fom8«a8 io- a' be their tree acr and me
...... ! _.. Wit- _s! ram`
lry cammisJaaup.
e.
J; r
JLf Cep ILqn
YL4 O 74
TN�;a
CLAWS 183 SEC f AS AhUNDM 8Y (71ApI M 497 O! 190
if
�
a lethal dd the K d tsr fZ ooariderKiaa t n" is daOcr u Ono! dr abn W�oi &edor, U sot &Ugmmi to r
�cic mmen7 rom. IU f%U amaidaadoo Shall mw tAa oxmi ptia f m ft ooareraoa ww Asam3 m kw aa7 Lhw m naambrams
aemd b► the anewe a 4"Mmo of tii >r�foa d ad y va
Rm�FaY�a, dxsaoa. AU d mdm�q ad nosh erll b me rlw . part of r4 a.d, ttilwa m o�plr
dii shall soa asaa tfM wl�i d .ry and
No x do& 669 Kx 1* it d1- mmalkr 8 it to *=0imum wo tM
er�airectiv
We, Hilda Small, Solomon T. Ellie, Gertrude Haswell, Clarence 3t.
Burgess, John ,;L+�,r Gaumtons and Everett P. Kelley
aad re ML-U"-6..r.
rdeare to said graatae¢u right of � and hames� toad cad otter iatere+ta therein
Kitttuaa oul +� Land a and seal a s_ if day of 9"
r
Y �
f' tY
1 v) l )4—C�
—19
7ben persoaaMy appeared the above
any ackwwlcdped the foregoing instrument to
me
1Gr -198
aiq (car ;.t:c . Nov. iJ• 194b
Barnstable, as., Received October 6, 1945, and is recorded.
We, Phebe L. Kelley, urn= ied, Am06 K. Haswell;,Alice V.
Haswell, unmarried, all of Yarmouth, Barnstable County, Massachusette;
Grace 8. Kelley, Widow, of Marlow, Cheshire County, New Hampshire;
Ralph D. Keliel, of Somerville, Middlesex County, Haaeaohusetts;
Elizabeth M. Small of Brockton, Plymouth CoU_nty, Hassaohusette;
Ernent R. L. Haswell of New Bedford, Bristol County Massachusetts,
and Ralph D. Kelley
aforesaid, as executor of the Fill of Louise A.
Kelley, ?ate of said Yarrr<mth,
for consideration paid, grant to Alexander C. Todd and Myra 0. Todd,
husband and wife, as tenants by the entirety, both
of Yarmouth aforesaid, with gcitriatm ta"'a ds ,
ewsr► -
+he land and Nuildinge thereon, situated in the Southerly par+ of
said Yarr:outh and bounded, and desoribe2 as follows:
Beginning at the Southwesterly corner Of the wanted premises
on the Northerly aide of -Highland Avenue, so called, one hundred three
and six -tenths i103.0) feet more or lees, westerly from the inter-
Seo+ion of Northerly
�J
`pal
said line Of Highland Avenue and the Easterly
line Of Bellevue Avenu$, 00 called;
d
thence North 16 591 Rast 255.4 ft.; thence South 720 020 Bast
247.5 ft.; thence kwst,
`yam
South 160 59- 255.4 ft.; thence North 720 021
West, 247.5 ft. to the point of beginning; oontaining 1.45 acres,
more or lees.
For our title, see deed to the late David Kelley recorded
pith Barnstable County Deeds, Book 29, Page 195, and his Will probated
In said County In 1903 (Vo. 13,c3g7); also the Wills of David D. Kelley,
Seth Keliey, S&Mel D. Kelley and Louise A. Kelley, probated in said
County.
634'
471
The said Elizabeth H. Small is the daughter and only heir-at-
6 3 4 law of Frederick L. Haswell, late of Dennis in said Barnstable County,
who died in Said Dennis Teb. 15, 1s95, intestate;
the said Ernest R. L. Haswell is the non and only heir -at -law
472 of David K. Haswell, late of New Bedford, Massachusetts, who died in
sale. New Bedford Nov. 4, 1893, intestate;
the said Grace S. Kelley is the widow of Samel D. Kelley and
the said Louise A. Kelley was the widow of David Kelley.(2nd.),•72ate
of said YarrOuth, who died Jan. 11, 1937, intestate.
This conveyance is made subject to the foilovrinry restriction:
No overnight camps, cabins or trailere shall be erected, maintained
or used on the premises. It is also subject to a lease given by the
said Phebe L. Kelley to John or Ruth rox for a tern ending Nov. 1,1947.
We, the grantors, hereby approve end consent to the deduction
from the eoneirleration paid (in proportion to our shares and rights
in said land and buildings) of all indebtedness, expenses and unpaid
taros In:vxTed against said land and buildings prior to the date upon
,ilriteh this deed. to passed, but the grantees shall in no way be
responsible for the application or distribution of said consideration.
Ism
We, bertr+ide Haswell, wife of the said Amos K. Haswell,
'> Henrietta S. Kelley, wife of maid Ralph D. Kelley, Margaret I. Haswell,
wife of said Ernest A. L. Haerrel!, rx-d Joseph R. 8ma22, husband of
i?aI4 Elizabeth M. Small,
r �said "Plettol,
relem to said grantoesail rights of `sower and homes and other intw ests therein ^ - - - - - - - -- -
a
and the necease-ry revenue stamps
16 taess.....A11r..........land sand sezlaYhis,......aixtA..................day of ........ aL!Zi}.9.L,........ ....,...1945.
.:0..... .....� C �� C
(4atmmjmata1t4 of H14ssar4usats
Barnstable SS. .......... .......... ......A>IS Vt...84h.Rr.............. -1945.
Then personally appeared the abovanamed.............................abet...L....40120Y......................._.,........_... 63
4
and acknowledged the foregoing instrument to be... ..:Ogg. _free ad and deed,
before n1E �!f ...�qM G./.,Y.Ew••.
Notary Public
Barnstable, as., Received October B, 1945, and is recorded.
r
of — C
zQW%UWW. for consideration paM, grant to__jl a-:e ('nri As4eniates,Ttf4 a er,=QxDUj n
l n u o` d v! 9 R
/f �•••}P]+l�i ��P�.r-�r�=.t lit�.P I�n�- r�vr_�AesAf_hlgP.Lriy �_
OI with gad atm roarttant�
the land in ea14' Razz_--ehle 'Ci= • ' 3le) at Long Beach srLCglled. bounded
�^_% r�escri}1 r; as fr�llcarft•�
tam ..d eif a"]
orth_rly by the bar.'.: of Centerville River;
".osterly by land now or for::�rly of Lrorace C. rartshorn,
Southerly I.;; t'ae itoad; and
Easterly, by,- lnnd now or for:erly or Chester Bearse.
:oZcther %vith such acerctic-ns as have been made by the sea.
Subject to restrictions o: record, insofar as the sa_r:e are
1% force and a- Alcatle, nn subject to buildirr lines as set forth
ir. lnscrarent dated .'.arch Jit 1139, recorded :'_ th Barr.3table County
Ie.-iutry of Deeds !n gook Ljv, ?arc 303.
Be°n;- a ,portion of the _rer^i3es described in deed iron Ceor,e
•ht to aia Z. ":ha�-er da-c,^_ Pebruary 8, 1927, recorded with said
Dce: ir. -oo?:! �,5, ?age h0 I o. our title to the -ranted ?revises,
sec zrobnte of . e estate of sc'_1 ..:r= I. ' ir.Jer, :iddlese/ County
?robetes :'e. 25,0232.
^'zasor, and Edna
Thayer, :r.�cs c^ s�z'L=rc � , ^: '?, Tha;,r�ersMa� � •tors ';rr^-
Lloyc:.J.,Thayer.s; Phillips Thayer, reanective y�
release to said grantee all rights ofowerandbomestead
a and otter intrn therein.
Miturae_ . cvt__-hands and seals this = Y day of `. 19 ?:5.
473