Certificate of Appropriateness Town of Barnstable
Old King's Highway Historic District Committee
atis�r z 367 Main Street,Hyannis,Massachusetts 02601
"` Telephone(508) 862-4787,Email a ce.ro ers�7atownbarnstable.ma.us
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APPLICATION FOR CERTIFICATE OF APPROPRIATENESS
Application is hereby made,with six(6)complete,colored sets,for the issuance of a Certificate of Appropriateness under Section 6 of Chapter 470,
Acts and Resolves of Massachusetts, 1973, for proposed work as described below and on plans, drawings, or photographs accompanying this
application for:
- '� .g� Date Built� Map&Parcel
- ---------'
Property Owner phone � � `� .� ��
Street address ► ! r Email
Village VIT
.
Mailing address �� Signal-14,
ignatu1LIA67,11
Agent/ContractorPhone cl_t ..
Agent Address
Agew Signature ✓ t L `—r 1
If approved, the Certificate of Appropriateness expires one year from the stamped approval date or upon the expiration of a Building
Permit, whichever date shall be tater. A one year extension may be requested, in writing, to the Old King's Highway Administrative
Assistant at 367 Main Street,Hyannis,MA 02601. This request must be received prior to the date of expiration
There is a 14 day appeal period plus a four day waiting period for all applications after which time your approval paperwork will be
available for pickup and building permit sign-off.All applications are subject to meeting any applicable building code requirements.
Check all categories that apply
Building Construction New Build Addition ❑ Alteration Residential COYnmercial.
Type of Building P<anse kj-Garagc 7 Bam Shed Other
ProjectRoof Windows/Doors �'�iding/Painting Solar ❑ ether
Landscape Feature Fence ElWall Flag Pole F7 Pool Other
Sign New Sign Replace Sign Repaint Sign
/ Other _
Description of Proposed Work
J
for Committee use only This Certificate is hereby APPROVED DENIED
By a vote o Ave Nay Abstain Date
Conditions of Approval
CERTIFICATE OF APIDD QPRIATENESS- SPEC SHEET
CHIMNEY Material ; Color
ROOF�1ks�T Make
RoO,f Pitch(s)—(7112 minimum) �
I
------
-- -- - -
(s ec
�
��•�•^��-�� ify on plansfornew buildi g nr' �or additions)
(r1 TTT>"+'i2 ��
•� Color
WINDOWS,DOORS, TRIM,SHUTTERS,SKYLIGHTS
Window/Door Trim materialWood '"-------"----------" -- '
- - ------ -------
, Other specify
Size of cornerboards ------------ -----7
--_- Size of casings(1X4 min) _- Color -
L _ L
- ---- --------
Rakes 1S �naber ;r------------------ 2'd Member --------------------E -----------------
--------------
----^--- -------- Depth of overhang
L----------------
Windows: Make/Madel r - -- -
Material ; Color - - -,
Window Grills Divided LightJ _
suers - ' Grills Between Glas
Removable Interior No Grill
Grills ' r- -�` " � '
s Grill Pattern Vr
Doors: rle&Make - -^ ---- --- - - -- - -" /�/- -------- - -------`-----
J
-- --- +------ - ---- -• Material :f Iri Color r . A ,
Garage doors: S le ;` ' --, - - - - - -,-- - -- - - '
t3 Size o i
f opening r ; Material
Color ___ --,
-j
T &S r---------------------------------------
Shutters: _.. -----------------
yPe tyle ' r-----------"------
0 RX/ Material ' r
---- L- ---- ----- -
Color -----------------
'
Skyhghts: Type ; ;
-- r-------------------------------------
0 R� Make&Model
-----------------
Material
�-"------_-` `-___� -------------------
'
Sze ' Color '
SIDING T board r-
ypc Clap --- Shingle ' Other ;
-------`
---,
Red Cedar ' r
------------------------------
Material -
White Cedar 1 Other
I
I
Paint Color r '-- ---
FOUNDATION T e ; - - - -- ------- -
_ _ _ _ (max 1.2'exposed)
DECK Material
Color
-- - ---
--�---------------`-
--^----------^`---,SIGNS Size Materials r--------^-----------------------------
_----- '
—T..._.�-
..,�
Color ; 1
L-.6i ------Tyke ` 5 lit r-----------------
Color F- �_ ra�gi�atr�link)---------------------------- f I
--------------------
___--
r--------- ---------- _---------`^-----------------------------------------,
Material '
r-----------------
L------
Length
L__________________I
r--------------------------------------------^--------------------------- -
RETAING WALL Description
LIGHTINGr- --- - ------- -_- ----------------------------------------
affixed
-----_--- ` ------J
Type and location{free standing ' -----__^---------------------
affixed to stricture,illuminated)
LEGEND SYSTEM PROFILE A (SE QGMPONEHB9HA BE NOTES
�/ c I�/I /'�I� LARKED WITH MAGNETIC TME OR
SYSTEM STEM DESIL71 V. COMPARI9IE MEWS FOR-RE LOCATION.
(Nm N SGIE) 1.DATUM IS NAVD ee
99- E%ISTINC CONTOUR ACCESS COVERS TO WITHIN 8'OF Fill.CRADECONCRETE COVERS TO WITHIN}•CRAOE
2'PE45TONE OR GEOTEXIILE 2.MUNICIPAL WATER IS EXISTING
X 99.1 EXIST.SPOT ELEV. GARBAGE DISPOSER IS NOT ALLOWED \ TOP FOUND.EL 58.53' FIETER FABRIC OVER STONE
-[99-[99)- PROPOSED CONTOUR 58.0'MINIMUM.75'OF C.OVIIi PR 2%SLOPE REQUIRED OVERSYSTEM 55.5 3.MINIMUM PIPE PITCH TO BE 1/8"PER FOOT.
DESIGN FLOW: 4 BEDROOMS @ 110 GPD= 440 GPD WATERTE�T 0 FOR ISEVELNE55 PRECAST RISERS 4.DESIGN LOADING FOR ALL PROPOSED PRECAST UNITS 1
198.4P4cas OrPI MIN.2 CKNESS M� TO BE AASHO H-7Q
] PROPOSED SPOT EL USE A 440 GPD DESIGN FLOW tr 4'oSCH40 PVC C AR INVERT IN 51.5'
THi PIES LEVEL 1ST 2' PON N 5
TEST HOLE SEPTIC TANK: 440 GPD 2 = 880
ENDS
( ') 4'
52.5' S.PIPE JgNTS TO BE MADE WATERTIGHT. Locus
( ) ` 53.86' tG•1500 GAL H-10 1q ;iad+t° ,
2�� SLOPE OF GROUND USE A 1500 GAL. SEPTIC TANK 53.03 TEE SEPTIC TANK TEE _ 6.CONSTRUCTION DETAILS TO BE IN ACCORDANCE WITH
6 MIN SUMP E3g® ® ��� 310 CMR 15.000(TITLE 5.)
CAS eAIFIE 12'MIN.INT.DIM. ®®®® ® ® oz lI d
7.THIS PLAN IS FOR PROPOSED WORK ONLY AND NOT TO _
LEACHING: 9 5' Ps 4 n'ID
�> UTILITY POLE 4 Lq IEVEL ACME OR EQUAU; 52.13' ' ,,e .96 BE USED FOR LOT LINE STAKING OR ANY OTHER I l Qa` �yz G4
SIDES: 2(33.5+ 12.8) 2(.74)= 137 GPD 1 ee eases ee PURPOSE 5C
FIRE HYDRANT ....,.,.,e"e e...............e e I H-10 500 GAL.TEACHING CHAMBERS BY ACME PRECAST OR EOVAL
BOTTOM 33.5 x 12.8(.74)= 317 GPD `" a'a'e'eee'a'<' ea sae= 3/4"-1-1/2'DOUBLE WASHED STONE 4'MiN. (3)UNITS REOUIRED 8.PIPE FOR SEPTIC SYSTEM TO SCH.40-4'PVC. Pie
NOTE NOT ALL NYedS WY MPFNt N DIU M a ALL MOUND PRECAST STRUCTURES m
CRU
TOTAL: 614 S.F. 454 GPD O SHED(TONE OR MECHAWCAL ovERAu DIMENSIONS To ouislDE of STONE:33.5'%12.83'
co9,COMPONENTS NOT TO BE BACKFILLED OR CONCEALED
MPAC11oN.(15.221[27) WITHOUT INSPECTION BY BOARD OF HEALTH AND SUDDt
PERMISSION OBTAINED FROM BOARD OF HEALTH.
USE(3)500 GAL. LEACHING CHAMBERS(ACME OR EQUAL) (4.9:sLovE) (2.5:SLOPE) H-2O (4.6%SLOPE) MDP,a
-THE INSTALLER SHALL VERIFY THE WITH 4 STONE ALL AROUND LEACHING 10.CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING
LOCATIONS OF ALL UTILITIES AND ALL FOUNDATION- 17' -SEPTIC TANK- 26' D'BOX 12' FACILITY 44.5'BOTTOM TH-1 DIGSAFE(1-888-344-7233)AND VERIFYING THE LOCUS MAP
BUILDING SEWER OUTLETS AND NO GROUNDWATER FOUND LOCATION OF ALL UNDERGROUND do OVERHEAD UTIUTIES
PRIOR TO COMMENCEMENT OF WORK.
ELEVATIONS PRIOR TO INSTALLING ANY SCALE 1'=2000'*
PORTION OF SEPTIC SYSTEM 11.ANY UNSUITABLE MATERIAL ENCOUNTERED SHALL BE
MA REMOVED BENEATH AND 5'AROUND THE PROPOSED
APPROVED DATE BOARD OF HEALTH LEACHING FACILITY. ASSESSORS MAP 89 PARCEL 4/2
12.EXISTING LEACHING FACIUTY SHALL BE PUMPED AND LOCUS IS WITHIN FEMA FLOOD ZONE X
REMOVED OR PUMPED AND FILLED WTH CLEAN SAND. (AREA OF MINIMAL FLOOD HAZARD)AS
C
W \ / SHOWN ON COMMUNITY PANEL#25001CO583J DATED 7/16/2014
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PERC. RATE = < 2 MIN/INCH
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CLASS I SOILS
LOT 9 so ,
43,5721 S.P. ��'� D
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10YR 4/3 94.25' 9' 10YR 4/3 93.58'
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91 GREAT MARSH RD.
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939 Mo Street (Rte 6A)
EAW DATE DANIEL A. OJALA, P.E., P.L.S.
YARMOU7HPORT MA 02675
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Law Office of
JEFFERY JOHNSON,ESQUIRE
67 School Street
1847 Isaac P.Fairfield House
P.O.Box 960
Hyannis,MA 02601
(508)790-5776 Telephone
(508)775-7526 Facsimile
jeff@jefferyjohnsonesq,com
May 24,2020
Brian Florence,
Building Commissioner
Town of Barnstable
Building Inspection Services
Hand delivery
Re: Buildability of an"Undersized Lot"
Locus: Street address:91 Great Marsh Road,West Barnstable,MA
The Tax Assessor shows it as Map 89 Parcel 004-002
Presently shown as Lot 9 on Plan Book 405 Page 20
Current Owner of Record: Anne I.Seminara
Current Zoning District: RF
Dear Commissioner Florence,
Please accept this as my written opinion,that for zoning purposes,the above-
referenced lot is a so-called"pre-existing nonconforming/protected"lot exempt from
current minimum dimensional/lot size provisions of the Barnstable Zoning Ordinance/
Regulations. The title history of the above lot and the abutting properties are not relevant
in this instance as the lot contains more than one acre of upland and was shown on a plan
that was of record in November of 2000. Nevertheless,the title histories are attached.
The zoning changes as they relate:to this vacant lot are as follows:
The lot was created on a plan dated March 28, 1985 and the lot has 43,572 square
feet of upland,and 205 feet of frontage. The zoning in the area at the time of the
endorsement of the plan required an acre of upland and 258.05 feet of frontage. On
September 9, 1999,Paul A Oregory,it,received a deed for lots 2,4,and 6 on Plan Book
558 Page 78,and Lot 9 on Plan Book 405 Page 20,effectively separating each of those
four lots on the two plans from one another,prior to the zoning change of November
2000. The lot coniinia::i to[nett the dimensional requirements of the zoning until
Page 2,Florence,May 24,2021
November of 2000,when the Town Ordinance went to two acre zoning.On January 10,
2005 Anne I.Seminara received a deed for lots 2,4,and 6 on Plan Book 558 Page 78,
and Lot 9 on Plan Book 405 Page 20. She owns lot 9 to this day.
The conveyance to Paul A.Gregory,Jr.effectively separated the lots from the
common control of Seminara Construction Corporation and protected lot 2 pursuant to:
"§240-91.Nonconforming lots.
A.Separate lot exemption.Any increase in area,frontage,width,yard or depth
requirement of this chapter shall not apply to a lot for single-or two-family residential use
which at the time of recording or endorsement:
(1) Was not held in common ownership with any adjoining land;and
(2) Had a minimum of 5,000 square feet of area and 50 feet of frontage or the
minimum frontage requirement for the zoning district in which it is located;and
(3) Conformed to the existing zoning if any when legally created;and
(4) Was separately owned at the time of every zoning change which made it
nonconforming."'. The only time lot 9 became non-conforming was in November of
2000.
Moreover,the lots on these two plans each contain in excess of one acre of upland
and as such are protected by sub-section G of§240-91:
"G.Resource Protection Overlay District.[Amended 10-26-2000]
(1)Any increase in area,frontage,width,yard or depth requirements of the
Resource Protection Overlay District shall not apply to a lot for single-or two-family
residential use which immediately prior to November 16,2000,either:
(a) Conformed to the applicable bulk requirements of this chapter
immediately prior to November 16,2000:or
(b) Immediately prior to(on the effective date of this chapter,)was protected
from the applicable bulk requirements of this subsection by the provisions of§240-91A,
B,C,D,or E of this chapter.
(2)This protection afforded by this subsection shall be permanent.". i
Neither Seminara Construction Corp.,Paul A.Gregory,Jr.,or Anne I.Seminara
ever acquire any of the parcels adjacent to the aforesaid plans. The title history for this
lot and the abutters demonstrates that it has not merged for zoning purposes and is
permanently protected.
Based on the foregoing,it is my opinion that under either sections A or G of the
Town of Barnstable Zoning Ordinance,i.e.,§240-91 Lot 9 on Plan Book 405 Page 20
will remain"buildable"as it has been afforded permanent protection by the language of§
240-91.
Very truly yours
ef' n
Relevant deed histories
4/16/1985 Book 4492 Page 59,deed of lots 1 through 7 on plan book 395 page 84,south
side of Great Marsh Road into Seminara Construction Corp.;
Book 4730 Page 259 deed of 3.06 acres north side of Great Marsh Road into Seminara
Construction Corp.which become lots 8,9,and 10 on plan book 405 page 20;
9/9/1999 Book 12527 Page 180 deed into Paul A.Gregory,Jr.of lots 2,4,6,and 9;
6/19/2001 Book 13952 page 111,deed from Seminara Construction Corp out of lot 1 to
David A.Netzer;
6/4/2002 Book 15228 Page 241 deed from Seminara Construction Corp out of lot 3 to
the Schiffs
2/19/2003 Book 16416 page 216 deed from Seminara Construction Corp out of lot 7 to
the Gorman?s;
1/3/2005 Book 19408 Page 95 deed from Seminara Construction Corp out of lot 5 to
Robert F.Joyce;and
1/10/2005 Book 19425 Page 54 deed from Paul A.Gregory,Jr.to Anne I.Seminara of
lots 2,4,6,and 9.
The land to the north of Plan Book 405 page 20 lies in Sandwich and none of our parties
acquire title to that land.
The land to the south of Plan Book 395 page 84 is the open space of another subdivision
and none of our parties acquire title to that land.
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Owner Information
Map/Block/Lot:089/004/002
Property Address
91 GREAT MARSH ROAD
Village:West Barnstable
Town Sewer At Address:No
CWMP Sewer Expansion:None planned at this time
(subject to change with final engineering design)
Road Type:Private
GIS Zoning Value:RF
Owner Name as of 1/1/20:
SEMINARA,ANNE I
P O BOX 1219
SOUTH DENNIS,MA.02660
Co-Owner Name
Assessed Values
Appraised Value Assessed Value
Building Value $0 $0
Extra Features $0 $0
Outbuildings $0 $0
Land Value $201,900 $201,900
Totals $201,900 $201,900
Past Comparisons
2020-$213,800
2019-$225,600 '.
2018-$225,000
2017-$231,300
2016-$231,300
2015-$229,400 .'
2014-$229,400
2013-$229,400
2012-$285,200
2011-$ 133,900
Tax Information
Community Preservation Act Tax $55.12
Town Tax(Commercial) $0
Town Tax(Residential) $ 1,837.29
W.Barnstable FD Tax(Commercial) $0
W.Barnstable FD Tax(Residential) $528.98
$2,421.39
Sales History
Owner: Sale Date Book/Page: Sale Price:
SEMINARA,ANNE I 2005-01-10 00:00:00.0000000 19425/0054 $100000
GREGORY,PAUL A JR 1999-09-09 00:00:00.0000000 12527/0180 $100000
SEMINARA CONSTRUCTION CORP 1985-09-15 00:00:00.0000000 4730/0259 $75000
Photos
Sketches
A sketch is not available for this parcel.
AsBuilt Card N/A
132N Barn-any 2nd story area FPC Open Porch Concrete Floor REF Reference Only
BAS First Floor,Living Area FTS Third Story Living Area(Finished) SOL Solarium
BMT Basement Area(Unfinished) FUS Second Story Living Area(Finished) SPE Pool Enclosure
BRN Barn GAR Garage TQS Three Quarters Story(Finished)
CAN Canopy GAZ Gazebo UAT Attic Area(Unfinished)
CLP Loading Platform GRN Greenhouse UHS Half Story(Unfinished)
FAT Attic Area(Finished) GXT Garage Extension Front UST Utility Area(Unfinished)
FCP Carport KEN Kennel UTQ Three Quarters Story(Unfinished)
FEP Enclosed Porch MZ1 Mezzanine,Unfinished UUA Unfinished Utility Attic
FHS Half Story(Finished) PRG Pergola UUS Full Upper 2nd Story(Unfinished)
FOP Open or Screened in Porch PRT Portico WDK Wood Deck
PTO Patio
Construction Details
Land
USE CODE 1300
Lot Size(Acres) 1
Appraised Value $201,900
Assessed Value $201,900
Construction details are not available for this parcel.
Outbuildings and Extra Features
There are not any extra building features on record at this time.
Bk 13950 Pg283 ##43187
06-19-2001 @ 10:33a
DECLARATION OF PROTECTIVE COVENANTS
KNOW ALL MEN BY THESE- PRESENTS, that SEMINARA CONSTRUCTION
CORPORATION, a Massachusetts business corporation , with an address
of 93 Coles Pond Drive, Barnstable County, Massachusetts
(hereinafter referred to as "Grantor") being the owner of certain
real estate shown on a plan of land entitled "Division Plan of Land
in Barnstable, Mass. , Sandwich, Mass. , for Sara + Rebecca's Land
Co. , Inc. , Scale 1" = 40' , November 30, 1984, Doyle Engineering
Associates, Inc. , 47 Morin Avenue, Falmouth, Mass." which plan is
recorded with the Barnstable County Registry of Deeds in Plan Book
395, Page 84, as well as a plan of land entitled "Subdivision Plan
of Land in Barnstable, Mass, prepared for Seminara Construction
Corp. , Scale 1" = 401 , March 28, 1985, Low + Weller, Inc. , 714 Main
Street, Yarmouth, Mass." which plan is recorded with said Registry
in Plan Book 405, Page 20, situated in West Barnstable, Barnstable
County, Massachusetts, hereby imposes the following restrictions on
Lots 1, 2,3, 4, 5, 6, 7, 8, 9 and 10 as shown on said plans for the
ri V benefit of each of said lots.
(1) No lot shall be further subdivided and in the event two or
CC
more lots are used in combination as a building site, they shall be
considered as one for the purpose of determining setbacks and the
number of buildings to be erected thereon. No lot shall be used
for access to any abutting properties. Further, no lot shall be
an other
used for p
� y purposes other than as the site of a single-
_27 family residence with appurtenant structures, except for utility
service installation and roadway purposes as allowed by law or the
Cs-
Barnstable Planning Board and approved by the Grantor.
(2) Only one single family dwelling including a garage to
accommodate not less than two (2) motor vehicles is to be
constructed or maintained on any lot. Such a dwelling shall be of
Cape Cod, Ranch or Colonial design, containing at least two
thousand (2000) square feet of living area for a ranch style house
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Hk 13950 Dg284 #143187
and two thousand four hundred (2400) square feet of living area for
other styles of houses, exclusive of garage, breezeway, porch,
terrace, deck and the like. All buildings shall be erected on one
continuous concrete or concrete block foundation. No open side
structure or open carport shall be permitted.
(3) No building or structure shall be commenced, erected,
placed, maintained or moved onto any lot, nor shall any additions
to or exterior change or alteration be made to an existing
structure, including the exterior color thereof, nor shall any
stockade or chain link fence be erected until the architectural and
site plans therefor, including the specifications for the exterior
color scheme, have been approved by the Grantor, its successors,
assigns or agents; said approval to be given in writing suitable
for recording in the Registry of Deeds. It is the intent of this
provision to require that structures, buildings and fences be in
good taste and conform in all respect to the provisions hereof.
Disapproval of such plans may be based upon any grounds, including
purely aesthetic grounds, and shall solely be within the discretion
of the Grantor, its successors, assigns or agents. However, no
approval will be unreasonably withheld, provided the architecture
is in conformity with traditional Cape Cod or colonial New England
architecture.
(4) The exterior of any building erected on any lot, and the
landscaping and grading in connection therewith, shall be furnished
and completed within ten (10) months after commencement of
construction.
(5) There shall be no habitable use made of house trailers,
portable houses, tents or any other kind of temporary shelter.
There shall be no overnight parking nor storage of any house
trailers, portable houses, tents or any other kind of temporary
shelter facility nor any boat so as to be visible from any way
shown on the subdivision plans. No unregistered vehicles shall be
2
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Bk 13950 Pg285 #43187
kept or stored in the open on any lot and no commercial vehicles of
any kind shall be parked in the open overnight.
(6) Clothes lines or drying yards shall be located in a manner
so the same shall not be in the open or visible from any way shown
on the subdivision plans. All exterior garbage and rubbish
facilities will either be underground or suitably covered and
enclosed. No refuse pile or unsightly objects shall be allowed to
be placed or suffered to remain anywhere of the premises, and if,
after proper notice, such conditions are not corrected, the Grantor
shall have the right to enter or cause entry upon the premises and
make such corrections at the expenses of the owner.
(7) No mechanical, manufacturing or mercantile trade,
business, calling or profession shall be conducted for profit or
otherwise on the granted premises.
(8) No live trees exceeding four inches in diameter at point
two (2) feet above ground level shall be disturbed in their natural
growth or removed from the premises, except as may be necessary for
building construction, site development or grading, until consent
shall have first obtained in writing from the Grantor or its
assigns.
(9) Every lot upon which a single-family residence is
constructed shall have installed as a part of said construction at
least one (1) post light facility located in the front yard area of
said lot facing the road or way providing access to said lot.
(10) All house service cables for electricity, cable
television, telephone, or any other utility hook-up wires, cable
and pipes shall be installed underground. No antenna, for
reception or broadcast of television or radio signals shall be
erected on the exterior of any structure. Any satellite dish for
reception on the exterior on any structure shall be placed so as
to the greatest extent possible not be visible from Great Hill
Road.
(11) No animals or fowl, except common domestic household
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Bk 13950 Pg286 #43187
pets quartered within the dwelling house at night, shall be kept
upon the Premises without the written permission of the Grantor,
its successors, agents or assigns, and the abutting property
owners. All such pets must be confined within the area of the lot,
and none shall be allowed to make an unreasonable amount of noise,
or to become a nuisance.
(12) The Grantor reserves the right to delegate or assign any
and all of its rights, powers and obligations under these
restrictions to any individual, corporation, association, agent or
entity in a manner consistent with Massachusetts law, which said
Grantor shall deem to be most suitable to perpetrate the intent of
these restrictions.
(13) The Grantor or its assigns, shall have the right to
waive, alter or amend any of the foregoing restrictions in the
event that it becomes necessary or equitable to do so, and the
Grantor, or its assigns, shall be the sole judge as to the
desirability or necessity of such waiver, alteration or amendment.
(14) In the event of a violation or breach of any of these
restrictions, the Grantor, or its assigns, shall have the right to
proceed at law or in equity to compel compliance with the terms
hereof, or to prevent the violation or breach of any of them. The
failure to enforce any right, reservation, restriction, or
condition contained herein, however long contained, shall not be a
waiver of the right to do so thereafter, as to the same breach or
as to a breach occurring prior to or subsequent thereto, and shall
not bar or affect its enforcement. The invalidation by any court
of any restrictions herein contained shall not in any affect any of
the other restrictions which shall remain in full force and effect.
(15) Duration of Restrictions. These restrictions are to run
with the land for a period of thirty years from the date of
recording hereof and shall be binding on all parties and persons
claiming under them. These covenants may be extended for periods
of not more than twenty years at a time by a majority vote of the
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Bk 13950 Pg287 043187
owners of record at the time of the recording of the extension.
Such extensions must be recorded prior to the expiration of the
restrictions.
The extension shall be of these covenants as now set out
unless, by vote of a majority of the then owners of the lots, it is
agreed to change said covenants in whole or in part. Any such
change in the provisions hereof shall be evidenced by the recording
in the Registry of Deeds for Barnstable County, Massachusetts, of
an instrument in writing executed by a majority of the then owners
of the lots stipulating what said changes are.
(16) Homeowner's Association. Upon the sale of all of the
lots in the subdivision or fifteen (15) years from the date of this
Declaration, whichever shall first occur, the Grantor, its
successors or assigns, shall select three (3) lot owners to serve
on a three member Board of Directors of an owner's association to
be known as "The Great Marsh Estates Homeowners Association",
hereinafter referred to as "the Association" all other property
owners shall be members of the Association. Until the formation of
such Association, the Grantor alone shall constitute the
Association and act for the Association.
The lot owner Directors shall serve no longer than a two year
term, and at such time as the Grantor no longer owns any lots in
the subdivision it shall no longer serve on the Board, and the
vacancy created thereby, and any other vacancy, shall be filled by
a vote of a majority of the remaining Board members. Thereafter,
all vacancies on the Board shall be filled by majority vote of the
Association members at the annual meeting of the Association, as
the same may be adopted under the By-Laws enacted by the
Association; provided further that any persons so appointed must be
property owners in the subdivision.
The Association shall have the right to make such reasonable
rules and regulations, adopt by-laws, incorporate, and do all
things expedient and necessary to effectuate the purposes hereof.
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Bk 13950 Pg288 043187
(17) Covenant for Maintenance Assessments and Certificates.
A. The Grantor, for each Lot owned within the subdivisions,
hereby covenants and each Owner of any Lot by acceptance of a deed
therefor, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association: (1) annual
assessments or charges, and (2) special assessments for capital
improvements such assessments to be established and collected as
hereinafter provided. The annual and special assessments, together
with interest, costs, and reasonable attorney's fees, shall be a
charge on the land and shall be a continuing lien upon the property
against which each such assessment is made. Each such assessment,
together with interest, costs, and reasonable attorney's fees,
shall also be the personal obligation of the person who was the
Owner of such property at the time when the assessment fell due.
B. The assessments levied by the Association shall be used
exclusively for the improvement and maintenance of all property
owned by the Association including, but not limited to, the entry
way stone markers, if conveyed to the Association, and Great Hill
Road.
C. The Board of Directors shall fix the annual assessment,
but it cannot increase the annual assessment by more than fifty
(50) percent in any one year unless such increase shall be approved
by (a) a vote of not less than two-third (2/3) of the Directors
then in office at a meeting of the Board of Directors duly called
for such purpose or by (b) by a vote of at least sixty (60) percent
of the members at a duly called meeting of the members.
D. In addition to the annual assessments authorized above,
the Board of Directors may levy, in any year, a special assessment
applicable to that year only for the purpose of defraying, in whole
or in part, the cost of any construction, reconstruction, repair or
replacement of a capital improvement upon said property owned by
the Association, including fixtures and personal property related
thereto, provided that any such assessments shall be assented to
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Bk 13950 Pg289 #43187
(at a meeting of members duly called for such purpose) by a vote of
not less than seventy (70) percent of the members. The presence of
members or proxies entitled to cast seventy (70) percent of all the
votes shall constitute a quorum for such meeting.
E. Both annual and special assessments must be fixed at a
uniform rate of all Lots and may be collected on a monthly or less
frequent basis.
F. The annual assessments provided for herein shall commence
as to all Lots on the first day of the month following the
conveyance of the first Lot to an Owner. The first annual
assessment shall be adjusted according to the number of months
remaining in the calendar year. The Board of Director shall fix
the amount of the annual assessment against such Lot at least
thirty (30) days in advance of each annual assessment period, which
shall be the calendar year. Written notice of the annual
assessment shall be sent to every Owner subject thereto. The due
dates shall be established by the Board of Directors. The
Association shall, upon demand, and for a reasonable charge,
furnish a certificate signed by an officer of the Association
setting forth whether the assessments on a specified Lot have been
paid.
G. Any assessments not paid within thirty (30) days after the
due date shall bear interest from the due date at a rate to be
deter mined by the Board of Directors. The Association may bring
an action against the Owner personally obligated to pay the same,
or foreclose the lien against the property. No owner may waiver or
otherwise escape liability for the assessments provided for herein
by non-use of the property owned by the Association or abandonment
of his Lot.
H. The lien of the assessments provided for herein shall be
subordinate to the lien of any firth mortgage. Sale or transfer of
any Lot shall not affect the assessment lien.
I. The cost of reviewing plans, preparation and recording of
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Bk 13950 PgR90 #43187
certificates, waivers or approvals from the Board of Directors or
Grantor shall be borne by the owner of the lot for which said
certificate, waiver or approval is given.
For Grantor's title see the deed of Sara + Rebecca's Land Co. ,
Inc. dated April 16, 1985, recorded with the Barnstable County
Registry of Deeds in Book 4492, Page 59, see also the deed of Logan
Clark III dated September 30, 1985, recorded with said Registry in
Book 4730, Page 259.
Executed as a sealed instrument this /q day of �u:y�, 2001.
SEMINARA CONSTRYCTION CORP.
By: i
o 's seminara, Jr. , President
a d Treasurer
COMMONWEALTH OF MASSACHUSETTS q
BARNSTABLE, ss. Jlt" / 2001
Then personally appeared the above-named Louis J. Seminara,
Jr. , President and Treasurer, as aforesaid, and acknowledged the
foregoing to be the free act and deed of SEMINARA CONSTRUCTION
CORP. , before me,
�skr,,7/�U/��� J� Not y Public
My commission expires: OC,6 6CY 2,2W3
OFFICIAL SEAL.
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8
BARNSTABLE REGISTRY OF DEEDS
WEST BARNSTABLE, MA 02668
089004001
ZUKAUKAS, PIERINA G
59 GREAT MARSH RD
Property ID:
SOUTH DENNIS, MA 02660
089004002
SEMINARA, ANNE I
P O BOX 1219
Property ID:
WEST BARNSTABLE, MA 02668
089004003
REZENDES, THOMAS J & KAREN M
PO BOX 277
Property ID:
WEST BARNSTABLE, MA 02668
089005003
SCHIFF, MARTIN & JANE L
86 GREAT MARSH RD
Property ID:
SOUTH DENNIS, MA 02660
089005004
SEMINARA, ANNE I
P O BOX 1219
Property ID: