AP - 2022-012 Anderson ATT C C
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BARNSTABLE LAND COURT REGISTRY
RELEASE OF DEED RESTRICTION
This Release of Deed Restriction(this"Release")is hereby made as of ��-
2022 by the Town of Barnstable Conservation Commission(the"Commission"), a
commission of the Town of Barnstable,Massachusetts with an address of Town Hall, 367 Main
Street, Hyannis,Massachusetts 02601.
RECITALS
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1. Reference is made to that certain Notice of Deed Restriction by James Laugharn and
9 Justine Laugharn(collectively,the"Laughams"),dated May 28,2008,filed with the
J Barnstable County Registry District of the Land Court(the"Registry District") as
Document No. 1,091,797 and noted on Certificate of Title No. 182588, and recorded
with the Barnstable County Registry of Deeds (the"Registry")in Book 22973,Page
Ii 236(the"Notice of Deed Restriction'
1 The Notice of Deed Reshiction encumbers the real property located at 100 Bay View
Road,Barnstable,Massachusetts and more particularly described in a Quitclaim Dead
to the Laughams, dated March 8,2007, filed with the Registry District as Document
1 No. 1,058,782 and noted on Certificate of Title No. 182588, and recorded with the
Registry in Book 21855,Page 211 (the"Affected Property").
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3. The Notice of Deed Restriction identifies a deed restriction(the"Deed Restriction')
affecting the Affected Property as follows: "The detached garage will not be used as a
II bedroom and shall be used for the purpose of a garage/woodworking shop."
4. Reference is made to that certain Order of Conditions issued to the Laughams by the
Commission on August 20,•2008 with respect to the Affected Property(the"Order of
Conditions'), The Order of Conditions was filed with the Registry District as
Document No. 1,098,398 and noted on Certificate of Title No. 182,588.
5. The Notice of Deed Restriction was filed with the Registry District and recorded with
the Registry by the Laughams to satisfy a condition set forth in the Order of
CConditions.
1 6. Reference is made to that certain Certificate of Compliance issued to the Laughams
by the Commission on March 11,2014 for work regulated by the Order of Conditions
(the"Certificate of Compliance"). The Certificate of Compliance was filed with the
Registry District as Document No. 1,246,375 and noted on Certificate of Title No.
182,588. Ongoing condition 1 of the Certificate of Compliance refers to the
maintenance of the Deed Restriction("Ongoing Condition 1").
7. The Laughams conveyed the Affected Property to Donald O.Anderson and Deborah
f L. Anderson by Quitclaim Deed,dated February 13,2014,filed with the Registry
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District as Document No, 1,242,516 and noted on Certificate of Title No.202941,and
( i recorded with the Registry in Book 28045,Page 22.
8. At a meeting of the Commission on December 14,2021 at which a quorum of the
i members of the Commission was present,the Commission voted to release the Deed
Restriction and remove Ongoing Condition 1 as a condition to the Certificate of
Compliance and the Order of Conditions (the"Release Vote").
9. Reference is made to that certain Vote Authorizing Barnstable Conservation
Administrator to Sign Documents on Behalf of Commission Members dated July 6,
f 2021 and filed with the Registry District as Document No. 1,434,400(the
"Administrator Authorization Vote"), Pursuant to the Administrator Authorization
Vote,the Commission authorized Darcy Karle,the Administrator of the Commission,
to physically sign documents of the Commission on behalf of each of the members of
ithe Commission.
NOW,THEREFORE,for and in consideration of the sum of Ten and No/l 00($10.00)
Dollars and other good and valuable consideration,the receipt and sufficiency of which is hereby
l acknowledged, the Commission hereby agrees as follows:
1. As the beneficiary of the Deed Restriction rofen•ed to in the Notice of Deed
Restriction,the Commission hereby forever releases and terminates the Deed
Restriction(defined in Recital paragraph 3 above)and any and all rights,benefits and
easements created thereunder or thereby.
The undersigned Darcy Karle hereby certifies as of the date hereof that(1)the
undersigned is the Administrator of the Commission; (2) attached hereto as Exhibit A is a true
and complete copy of the minutes of the December 14,2021 meeting of the Commission(the
Release Vote is referred to in Item 3.B of such minutes); (3)the Release Vote has not been
altered, amended or rescinded by any subsequent action of the Commission and is in full force
and effect;and(iv)the Administrator Authorization Vote has not been altered, amended or
rescinded by any subsequent action of the Commission and is in full force and effect.
IN WITNESS WHEREOF, the undersigned Darcy Karle,the Administrator of the
Commission, on behalf of each of the members of the Commission,has caused this Release to be
executed as of the date first set forth above.
TOWN OF BARNSTABLE CONSERVATION
COMMISSION
By:
Darcy Kar ,the Admrmstr�or of the Towri'df
Barnstabl Conservation Commission,duly
authorized
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4872-4549-8636.1
ACRNOWLEDGMENT
COMMONWEALTH OF MASSACHUSETTS )
ss.
COUNTY OF l� )Q,�( y(/_� `Q j All, 9 2022
On this day,before me,the undersigned notary public,personally app ed
�AA in his/her capacity as Administrator of the Town of Barnstable
Co ervation Commission,who proved to me through satisfactory evidence of identification,
which was__jam( l�Ld ll/tOUM to be the person whose name is signed on the
preceding dobument, and a mowledged to me that he/she signed it voluntarily for its stated
N
Notary Pub '
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Name: �YQ C��/ �• YrA•J"(-V
My Commission Expires: *21-10 01
(94 Tracey L. Smith
NOTARY PUBLIC
Commonwealth or
Massachusetts
My Commission Expires
March 3, 2026
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EXHIBIT A
COPY OF MINUTES OF DECEMBER 14,2021 MEETING OF THE COMNIISSION
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B �te� 8 Town of Barnstable
fib, a •� Conservation Commission
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200 Main Street
Hyannis Massachusetts 02601
Office: 508.862.4093B-mail;conservation Cal town.bamstable.maats PAX: 508-7784412
MINUTES—CONSERVATION COMMISSION HEARING
DATE: DECEMBER 14.2021(la 3:00 PM
'Ibis meeting of die Barnstable Conservation Commission is being recorded and transmitted by the information Technology Department of the
Town of Barnstable on Channel I S. Under MGL Chapter 30A Section 20,anyone also deal ring to make such a recording or transmission must
notify the Chair.
Remote Participation Instructions
The Conservation Commission's Public Hearing will he held by remote participation methods.
Alternative public access to this meeting shall be provided in the following manner:
1.The meetingwill be televised via Channel 18 and may be accessed the Channel 18 webshe at
htq>d/strmming85.townofbamstable.usfCablecnstPublieSitelwateb/17chunnel=l
2.Real-time public comment can be addressed to the Conservation Commission utilizing the Zoom link or telephone number and access code for
remote access below.
Join Zoom Meeting
httns:/fzoom.us/i/94799367016
Meeting LD:947 9936 7016
US Toll-free 888 475 4499
3,Applicants, theirmpresemadves and individuals required or entitled to appombeforo die Conservation Commission may appear remotely and
are not permitted to be physically present at die meeting,and may participate through the link or telephone number provided above.Documentary
exhibits midlor visual presentations should be submitted in advance of the meeting to D icyjY rkQnown.barngmbfe.ma.us,so that they may be
displayed for remote public access viewing.
Public comment is also welcome by emailing Darev.Karle&town.barmtable.ma.us. Comments should be submitted at lent Shia prior to the
hearing.
This meeting of the Barnstable Conservation Commission is being recorded and transmitted by the Information
Technology Department of the Town of Barnstable on Channel 18, Under MOL Chapter 30A Section 20,
anyone else desiring to make such a recording or transmission must notify the Chair.
REMINDER TO APPLICANTS:
r E ES FOR LEGAL ADS ARE LISTED BELOW. PLEASE MAIL CHECKS TO CONSERVATION,200
MAIN STREET, HYANNIS,02601
3:00 PM AGENDA
The meeting was called to order at 3:00 pm by Char F.P (Tom)Lee. Also in attendance were Vice Chair Louise Foster,Clork
George Gillmore, and Commissioners Abodeely,Morin, and Heam. Commissioner Peter Sampou was absent. Administrator Dare;
Karle and Agent Ed Hoopes assisted. Commission Liaison Paula Schm pp was in attendance as well.
I. OLD AND NEW BUSINESS
A. Sandy Neck Annual Report for 2021 —Nina Z. Coleman,Director of Natural Resources/Sandy Neck Park Manager
• Nina Colman presented the 2021 Sandy Neck Report
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• It was a successful year for Piping Plovers with no takes.
• There were good numbers for Diamondback Terrapin.
• Tom productivity remain low.
• Enforcement remained low and revenue bounced back.
• No turtle strandings on Sandy Neck,most likely due to west wind direction.
B. Chapter 704—review of current language as it pertains to mitigation requirements. Conservation Commission discussion
Only
• Chair Lee presented draft language improvements to Chapter 704.
• The changes are for clarification purposes not retroactive. It is not an activity,but to clarify existing practices.
• A question was raised regarding wording of mitigation credit. If hardscape was removed,the area should be
planted back and not be considered as mitigation credit.
• Question raised, should the preamble be updated to reflect more recent scientific papers,
• Concern raised of adding additional plants to an existing 50' buffer.
• Commissions invited to send in additional comments to the Chair for further Commission review prior to public
comment on the document.
C. Anderson-100 Bay View Road,Barnstable, discussion and vote on the release of a bedroom restriction. SE3-4710
• Commission voted to remove the bedroom restriction placed in as a special condition under SE3-4710.
• Discussions did take place with the Legal Department.
• Commission lacks jurisdiction to impose it.
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A motion was made to remove the restriction subject to the language approved by Town legal counsel.
Seconded and voted unanimously by roll call.
Aye— Abodeely, Foster,Gillmore, Ream,Lee,Morin
Nay—
El. REVISED PLANS Project type: Revisions:
A. 710—713 Sea View Realty Trust SE3.5883 Poch,rebuild garage,land- garage placement,
drainage(walkway
713 Sea View Avenue, Osterville scaping,driveway modification driveway reconfiguration
The applicant was represented by John O'Dea,P.E. of Sullivan Engineering and Consulting.
A motion was made to approve the revised plan as submitted.
Seconded and voted unanimously by roll call.
Aye— Abodeely,Foster, Gilhnore,Hearn,Lee,Morin
Nay—
III. EXTENSION REOUESTS Project type: Time Requested:
A. Town of Barnstable—Engineering SE3-5043 Replace existing frshway 3 years (3 a request)
0 Flume Avenue,Monsters;Mills
Amber Unruh,DPW Special Projects,presented the extension request.
Issues discussed:
• Reason for P request.
• NRCS became aware of a possible alternative fish route.
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_ • Alternative analysis is on-going and spending decision,
• Decision is expected 2022.
• Abutter notification.
• Due to unique situation Commission comfortable allowing 3"d extension.
A motion was made to approve the Yd extension.
Seconded and voted unanimously by roll call.
Aye— Abodeely,Foster,Gillmore,Hearn,Lee,Morin,
( i Nay—
B. EM Crosby Boatworks SE3-5623 Raze SFD, Construct 2-story 3 years(1"'request)
178& 190 Bridge Street, Osterville, Commercial Bldg; gravel
i Parking
The applicant was represented by John O'Dea,P.B. of Sullivan Engineering and Consulting.
A motion was made to approve the extension submitted.
Seconded and voted unanimously by roll call,
Aye— Abodeely,Foster, Gillmore,Hoare,Lee,Morin,
Nay—
C. Tami L.Bane, Trustee SE3.5612 Single family dwelling with 3 years (1st request)
45 Lake Avenue,Hyannisport garage
No applicant attended.
• First request,
A motion was made to approve the extension submitted.
Seconded and voted unanimously by roll call.
Aye— Abodeely,Foster, Gillmore,Hearn,Lee,Morin,
Nay—
IV. ENFORCEMENT ORDERS
A. Alex P.McKee& Olivia T, Snyder—59 Seventh Ave.,Hyannis—Map 246 Parcel 153, Alteration of a
wetland resource area-Coastal Bank(Town)-by installing unpermitted retaining walls and shell driveway
and alteration of the 50'buffer to a wetland resource area-Bordering Vegetated Wetland-by installing an
unpermitted retaining wall.Tabled from 11102/21.
Exhibits
A ARC Reader image of 59 Seventh Avenue
B Before and After Photos
C Plan of Record DA-20037&DA-19041
D Site Photos provided by Lynne Hamlyn
Lynne Hamlyn,Hamlyn Consulting represented the Mr, McKee and Me, Snyder.
Issues discussed:
• This item was continued firm 11/2/21 in order for the Chair and Staff to consult with Town Attorney,at
homeowners representatives request,to inquire about alternative permitting possibilities concerning the
retaining wails and shell driveway.
• The long-standing policy of the Commission has been for structures within the 50' buffer that were
installed without permit that either the unpermitted structure be removed and the area restored or be
permitted with an After-tho-Fact NOI filing,
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• The homeowners were not responsible for installing the unpermitted structures but under the WPA the
i violation moves with the title, hence Mr,McKee and Ms.Snyder are considered responsible parties
charged with correcting the violation.Ms Hamlyn stated the financial burden of an engineered plan
accompanying a NOI filing were extreme given the circumstances.
• Commission and Staff were very sympathetic to the homeowners plight and considered alternatives to
filing aNOI.
• The Enforcement Order as written asked for the unpermitted retaining wails and driveway either be
removed and area restored or permitted via a regular Notice of Intent(not after-the-fact)which required a
stamped engineered plan,
• After much discussion,the Commission amended the enforcement order to either remove the unpermitted
structures and restore the area or file a Notice of Intent(Commission to waive the Town portion of the
application fee) and a revised,unstamped,hybrid plan showing mitigation planting and the retaining walls
and shell drive submitted by Tyler Gaudreau be accepted as the plan of record.Revision to include all
resource areas identified and fabled,mitigation calculations.
A motion was made to approve the amended Enforcement Order.
Seconded and voted by roll call:
Aye—Lee,Foster, Gilimore,Abodeely,Morin,Hearn
Nay—none
VB. David Ryan—210 Scudder's Lane,Barnstable—Map 259 Parcel 009. Alteration of a wetland resource
area—land under the ocean—by placing fill(crushed stone).
Exhibits
A Remote Camera Images at Scudder's Lane Boat Ramp,November 16,2021- 12:14 pm—
12:21pm(provided by TOB Natural Resources)
B Current Site Condition Photo,taken Dec. 10, 2021 Q 1012 h by EMH,
u1 Mr.David Ryan represented himself.
4 Issues discussed:
p • On 1 t/16/21 a vehicle was photographed dumping a load of stone in the intertidal area below the boat ramp
at Scudder's Lane in Barnstable.
• Early the following morning, the same vehicle observed dumping the stone,was observed repeatedly
running back and forth over the stone compacting it into the intertidal substrate.
• The violator was later identified as Mr. Ryan who admitted to doing the dumping.
• Conservation Staff and the Commission believed having the stone removed would cause more
environmental impact than the original violation caused.
• DPW just recently received bids for repair and replacement of the boat ramp but no formal plans have been
drawn at this time.
A motion was made to approve the Enforcement Order as written.
Seconded and voted by roll call:
Aye—Lee,Foster, Gilhnore,Abodeely,Morin,Hearn
Nay—none
jC. Frank E. &Nancy M. Selldorff—102 Bluff Point Drive,Cotuit—Map 034 Parcel 071, Alteration of a
wetland resource area—land under the ocean—by operating amphibious vessels beyond the scope of permit
conditions. Tabled to 1111/2022,
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Attorney Liza Cox,representing the Selldorll's,requested a continuance for this hearing until January 11,
2022. The Chair tabled this item-to January 11,2022,
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4:30 PM AGENDA
This meeting of the Barnstable Conservation Commission is being recorded and transmitted by the Information
Technology Department of the Town of Barnstable on Channel 18, Under MGL Chapter 36A Section 20,
anyone else desiring to make such a recording or transmission must notify the Chair.
i REMINDER TO APPLICANTS%
FEES FOR LEGAL ADS ARE LISTED BELOW. PLEASE MAIL CHECKS TO CONSERVATION,200
MAIN STREET,HYANNIS,02601
The meeting was called to order at 5:10 p.m,by Chair F.P.(Tom)Lee.Also in attendance were:Vice
Chair Louise Foster,Clerk George Gillmore,and Commissioners Abodeely,Morin,Heam.
Commissioner Pete Sampou was absent. Conservation Agent,Ed Hoopes assisted.
V. NOTICES OF INTENT
A. Leonard Zen and Lynda Schneider.Proposed removal and reconstruct tion of single-family
dwelling and associated site improvements at 360 North Bay Road,Osterville as shown on
Assessor's Map 072 Parcel 003.SE3-5942
The applicant was represented by Scan Riley of Coastal Engineering Co,Inc,and Seth Willdnaon of
Wilkinson Ecological Design,Leslie Schneeberger of SV Design.
Issues discussed:
• Dimensions of building and hardscape should be provided on a revised plan.
1 • Top of retaining wall elevation.
• Question raised on platform at top of bank,Dimensions should be submitted.Chapter 91 plan
1 indicated it was there in1989.
4, • Question on need for two rinse stations.One is just a shower head for the pool.
• Would applicant consider moving project 21'to provide no hard scape in 50'buffer?
• Guest house with garage and sports court going in outside of Commission jurisdiction makes it
difficult to pull project back more. There'is a grade issue if they move back, Trying to save as
many trees as possible.
• Question raised on trees marked. They were marked only for evaluation. Only one cabled tree to
be removed,in grade change area near the house.
• Applicant should look into alternative septic system.
• Extra mitigation provided can be banked.
• Written notification will need to be provided if change in landscape contractor-Wilkinson,
No public comment.
A motion was made to approve the project subject to receipt of a revised plan showing the dimensions of
the handscape and platform,and indicating top of retaining wall elevation,any change from Wilkinson
Ecological as restoration contractor applicant must contact staff in wilting.Special condition for annual
monitoring report for 3 years,
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Seconded and voted unanimously by roll call.
Aye— Abodeely, Gillmore,Hearn,Lee,Morin,
Nay Foster
VI. AMENDED ORDERS
A. Music Box Trust and Wild Goose Trust.To amend Order of Conditions SE3-5278 to allow
l paving of the shared driveway at 116 and 118 Wild Goose Way,Centerville as shown on
Assessor's Map 167 Parcels 045 and 046.
iThe applicant was represented by John O'Dea P.B.of Sullivan Engineering and Consulting,
There were no issues raised.
A motion was made to approve the Amended order,as submitted,
Seconded and voted unanimously by roll call.
Aye— Abodeely,Foster,Gillmorc,Hearn,Lee,Morin
Nay—
A motion was made to adjourn.
Seconded and voted unanimously by roll call.
Aye— Abodeely,Foster,Gillmore,Hearn,Lee,Morin
Nay—
The time was 5:39 pm.
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