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May 1S 04 09: 06p p.6 <br /> f <br /> (60) feet width of such frontage at the street." <br /> 14. As a lot abutting the reserved area and fronting on an arc o f a cun•e,locus met <br /> the reduced frontage and area requirements of Section 9.4. <br /> i <br /> 15. Locus is situated.at the foot of a small hill near the northerly end of Deerfield <br /> Road. The topography of locus rises approximately twenty feet from the street line of Deerfield Road <br /> to the common boundary between locus and the reserved area(exhibit 31B).' <br /> 16, Louis,A. Lapio Company(Lapio)acquired all the lots shown on the 1972 plan <br /> as evidenced by a deed dated March 14, 1973,filed with the Barnstable Registry District of the Land <br /> Court(Registry District) as Document No. 171860(exhibit 9) and by Certificate of Title No. 57990 <br /> (exhibit 10). <br /> 17. As donor,Lapio executed the Declaration ofTrust declaration of the Deerfield <br /> P (declaration) <br /> Acres Trust on November 29, 1974. Section 1 of the declaration states that-[t]lie beneficial i nterests <br /> in this trust shall be divided into thirty-nine(39)shares and one share shall automatically belong to <br /> the owner of each building lot as shown on[the 1972] plan and shall run with the lot." The Deerfield <br /> Acres Trust is the registered owner of the reserved.areas. <br /> 18. On January 13,1976,Lapio sold lots 10 through 39 and 42 through 50 to Stuart <br /> A.Bornstein(Mr.Bornstein)(exhibit I I). The Registry District issued'Certificate of Title No.66369 <br /> in the name of Mr. Bornstein(exhibit 12). <br /> 19. As of 1976,locus contained a smallpond inhabited by ducks and otherwildlife. <br /> During the winter, neighborhood children skated on the pond. <br /> 20. On May 7, 1979,the special.town meeting(May 1979 town meeting)amended <br /> f <br /> i <br /> I 'Shaw described the area at the rear of locus as a"cliff." <br /> 5 <br />