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0882 WAKEBY ROAD
,.�. ��� W fl��� �o� << 1 0 0 ;. o R 0 �, . . _ - __ ._ �. _ . _-._. __ . _. _ Kd,� -- - I c � P r0c IP-(I Lk t' f Zo So c a i Town of Barnstable - Building Department - 200 Main Street ` * , STABLE. # Hyannis, MA 02601 9 MASS 1639. . (508) 862-4038 RFD MA't A Certificate of Occupancy Application 86415 CO Number: 20060007 Parcel ID: 012006006 CO Issue Date: 05104106 Location: 8$2-WAKEBY-R0AD /// / Zoning Classification: RESIDENCE F DISTRICT Owner: HOUSING ASSISTANCE CORP Proposed Use: 460 WEST MAIN ST HYANNIS, MA 02601 Gen Contractor: LOHR CONSTRUCTION Permit Type: RC00 800 FALMOUTH ROAD CERTIFICATE OF OCCUPANCY RES UNIT #203-A MASHPEE, MA 02649 Comments: Building Department Signature Date Signed e4,D tAALF 16w nE4t.M r�, PARCEL I D ,}L2 006 U06 G'r<OSAST 1 U ADDREfi�; -`'i382 WAKEBY ROAD PEONE MARSTONS MILLS ZIP LOT 7 BLOCK LOT SIZE DBA DEVELOPMENT D1STRICT PERMIT 86415 DESCRIPTION SINGLE FAMILY DWELLING 34- 2.4' 3 � PERMIT TYPE i BUILD TITT.E NEED RESIDENTIAL BLDG PMT CONTRACTORS,: LO£?R COIRf;`.t RUCTION D }} epartment of ARCHITECTS: Regulatory Services ' ,;- TOTAL FEES: BOND $.00 CONSTRUdTION COSTS $143,616.00 1.01 SINGLE FAM HOME DETACHED 1 PRIVATE *: 3" BARNSI'ABLE, • MASS. ><6g9. BUILDING DIVISION BY i , Q/ _ ,� DATE ISSUED 09/25/2006 EXPIRATION DATE ��. J��.. �- THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). PANCY IS REQUIRED, SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 3' L"` SL 11141 1 10 vt U � 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 �y _n BOA D OF HEALTH 3 QG GOS-3-7.2 OTHER: SITE PLAN REVIEW APPROVAL n WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED,0N THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOr' i ' 7'RIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOT:'. ° NOTED ABOVE. TION. f' r` ' � I l TOWN OF BARNSTABLE BUILDING PER T PPLIHTION - CF ssry 4 Parcel y)jMap Health Division 'ac)'o , -3 `�?J,51�`- Date Issued ZS)oS Conservation Division Application Fee SEPTIC SYSTEM Mn 4-6/$ ss 3 Tax Collector INSTAM IN� Ae Treasurer ENVIRONMENTAL CODE AND Planning Dept. - TOWN REGU"I S©emu, Date Definitive Plan Approved by Planning Board badw✓ V +�/1463 N° c6 ,V_0 Historic-OKH Preservation/Hyannis 42 Project Street Address CR89 Q r� Y Village Mt 119 //�� OwnerH VICE r • Address � 60 a S Telephone CS& — Wo Permit Request (Phs vG W lt� Square,feet:lst floor: S16 ¢proposed 2nd floor: existing proposed/0_ Total new Zoning Dis `,t 1ZF '. Flood Plain Groundwater Overlay A Project Valuation N 3 419 Construction Type u6A NKQ Lot Size AGrandfathered: ❑Yes ANo If yes, attach supporting documentation. Dwelling Type: Single Family )d Two Family ❑ Multi-Family(#units) Age of Existing Structure NA Historic House: ❑Yes 0 No On Old King's Highway: ❑Yes j�No Basement Type: )4 Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) ,_�._ Basement Unfinished Area(sq.ft) O<6 Number of Baths: Full: existing new Half:existing new- Number of Bedrooms: existing new _ • Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: )0 Gas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes �4 No Fireplaces: Existing New ® Existing wood/coal stove: ❑Yes `�i No Detached garage:❑existing ❑new size Pool: ❑existing ❑new size Q Barn:❑existing ❑new size O Attached garage:❑existing ❑new size 0 Shed:❑existing ❑new size_Other: NA Zoning Board of Appeals Auth rization ❑ Appeal# Recorded El Commercial;D Yew No If yes,site plan review# . Current Use Proposed Use r? QMr (jz uMQS 00 ""' N i j ekr�•7"�'iaA i BUILDER INFORMATION 9 79'�3'?S—S -5-b Name �a�, Sa St, h L Telephone Number (�Oi Address �s® f9 I M0,J-1)k 9� ' License# 04T+HoZ ��s- � o) t^' 20:� "�' Home Improvement Contractor# VVJC4<,LE,CC1 MCt OZtvgi 3340 Worker's Compensation# wc. ;15--73°l45 Z`UI ALL CONSTRUCTION D B IS RE SU G FROM THIS PR ECT WILL BE TAKEN TO fl�-i* So y-14T- j SIGNATURE / DATE 0' 0 6165 FOR OFFICIAL USE ONLY y _ PERMIT NO. DATE°ISSUED ; 'MAP/PARCEL NO. ADDRESS'. �.: VILLAGE OWNER DATE"OF INSPECTION: 'i FOUNDATION' FRAME Eal INSULATION )/ �[ FIREPLACE A M OZ ELECTRICAL: im�J FINAL PLUMBING: I FINAL �ir to 0 ,a GAS: . VIGHm FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. n 08/19/2005 15:14 15085481950 VALLE GROUP PAGE 02 FROM. : Kenneth Sadler Associates PHONE NO. 502 790 3118 Aug. 19 2005 07:28AM P1 Pentlit Numhe:r 40S 11RECcheck Compliance Report Qwled l3pbate Massachusetts Energy Code ?a tw; IvMCC/ ck Soltww-g Version 3.4 Release 1 Data Filename:HAC,A013S3A.mck T(Ti't.E:TtueeBedroom Rmsed Cape CITY:Barustable SPATE:Massarhusam BDD:6137 CONMUCT30N TYPE: 1 or 2 Family,Dt#adwd REATING SYSTEM TAT:Other(Not-Elachic Resistsou:) DATE:aBliltK)5 DATE OF PLANS: 2J5105 PROJWr 1N>i ATTON: Houd"Assistance Cc" COMPANY INFORMATION. Kmneth Safs Associates PO.Box 1149 Byaouais MA 02601 51).7903922 C:SM9020 CONFLUNC&Passes iviaaiumm UA=253 Yoar HXe=230 9.1%Beaff Than Code Gmss Glmjug Areaar Cavity Cont. orukw BEiZFAM R-Vol - ' 1uo !Laft UA Cciling 1:Flxt(kiliug or Scissor'rmss 530 30.0 0.0 19 0-iling 2:Cadxedrd Cailiag(no attic) 330 30.0 0.0 11 W'A 1:Wood r-mme.16"o c. 284 13.0 0.0 19 Nall 2:Won$Frsmc,16"o.c. 399 13.0 0.0 28 Nall 3:WOW Framc, 1.6"o.c. 539 13.0 0,0 39 Wall14:wood Framo.16"o.o, 359 1310 0.0 27 Window 1:Wood Ppma )ouble Pone with Low-E 28 0.340 10 Window 2:Wood Fmmae;Dmble Pane uvula Low-E. 21 0340 7 Window 3:Viuy1 Frmm Doublc Pane with Low-E 46 0340 16 W"udiow 4:Wood Frame:Donblc Pane with I+oty-F 28 0340 10 U=1:Solid 20 0.140 3 08/19/2005 15:14 15085481950 VALLE GROUP PAGE 03 FROM Kenneth Sadler Associates PHONE NO. : 508 790 3118 Aug. 19 2005 07:29RM P2 Door 2:Solid 20 0.140 3 l l=1;All-Wewd Juistfl'russ,0vtir Uucmjt➢gAW Spatz 816 19.0 U_h 3$ C..0kfM1ANCF,iTATRMF W! 11te proposed building design desaeibed hero is 0=61cut with the-Indkiwg plane, spe6fIc4 iW and atha calculations submitted with the permit application. 'Ih©preTx►sed htuldiU has been de,�►P d to meat the MwsachuxIts Jixm9y Code mquit mumLs in MYCeheck VMS,ion 3.4 Re14nse I and to comply Kith tbo mandatory 1e7ifeamts Ilsted in the`IMCcheck Inspeadon Chc Wist. The heating ltyAi for this building,and&,awling load if appropriate,hat been ddffut bed"sing the applicable Standard MAP Conditions found in the Code, The 14VAC tlq'lApm mt salooted to heat ar W01 the building shall be no greater than 125%of the dwiga laud as spooifled in Sections 780C2vM 1310 and 14.4. 13trilderlDatdpin Date .'_/8 08/19112005 15:14 15085481950 VALLE GROUP PAGE 04 I FROM : Kennath Sadler Associates PHONE NO. 508 790 3118 Aug. 15 2005 07:29AM P3 MECcheek Inspection Checklist NI'assachus etts Energy Code N4ECcher:k Software Version 3.4Release 1 DATE 08/18/05 TfTLB:Three Ro&o=Raised C:apc: Bldg. I Dept. I 't)scs 1 I Collings: L ] 1 1. Criling]:Flat C'eiliog Or Scissor Truss,R-30.0 cavity insulation Commmts: [ ] 1 2. Cialing Z:Cathedral Ce,1jWg(no attic),R 30.0 cavity iesalation I Coua�tuts: , i I Above-Grade Walls: L 1 I I. "Wall 1: Wood F'rame, 1611 o.c,,R-13.0 cavity lwulatian i Commmis: WAU 2:Wood Frame, 16"6-o.,R-13.0 cavity inRulation I Comments: ( J I S. Waal 3: Wood Frvne,16"ox,,R-130 wity insulation Comments: [ ] 1 4, Wall 4: Wood Frwe,16'(xr-,R-13.0 cavity insulation I Couunents: I Doors: [ ] I I, Door 1:Solid,CI-factor,0.140 i Comment& [ ] 1 2. Doer 2:Solid,U-fwtor.0.140 I 4 r 1 I Trvnre r nPrratinnc and.411 ropey cur--h nmwirog iri the hArilrlino envelrmethat are acnrrrxx (air I bua.L....wr VAIA v,...,�..L..,.... ....��.. .,., 1 1, Type IC mft-1,rnauufa eWred with ao plenetration%hetw=the inside of the recessed fixture I and ceiling cavity aw sealed or gaskete:d to prevent air ledge into the tatcom itionod space. 1 2. Type IC.ratcd,in soourdance with Standard AST'M P,283.with no more than 2.0 cfm(0.944 I Us)idr moveamtlt ft*m the the ounditioned space to the ceiling cavity_ The lighting fixaare . 1 ahall have beet►wa ad at 75 PA or 1,57lbs/ft2 pres1w difference and shall be labried. I Vapor Retardlere [ ] I Required on tbo warm-in wiutcc sideof all nQu-vented lfr=u1d c%ilings,we$s,lad floors. - 1 I Material® Identification: ] '1 . Materials Auci equipment A=t be i dt-mtifiW ao ihut pp can be d etermitted l4 . i 08/19/2005 15:14 15085481950 VALLE GROUP PAGE 05 FROM Kenneth Sadler Associates PHONP NO. 508 790 3118 Aug. 19 2005 07:29A11 P4 [ ] I iblemdwAtw ltmuals for all installs dhcating and cooling equipment and service water heati og I oquipmwt mast be provided. [ ] i Instdation R-values and glazing 13-factors must be clearly maked on the building plans or specifications. I Duct Insulation^ [ ] I Duda shall he insulated per Table J'4.4,7.1. I I Duet Construction: [ ] I All accessible joints,seams,mitt conneLlkwo pf supply and m tm ductwodt located outsi& I conditioned drape,including Stud bays of deist cavities/spaces used to tmwTort air,sball be seated I using moistie mad fibrous backing tape installed according to the manafacturces installstion I instructions. Mesta tape may be omitted'wham gVs aro less often 118 inch, Duct typo is not peanitU4 ( ] I 11=MVAC system must provide a means for bali%ciog air and wales systems. I I Temperature Controls: [ ] I ThMMOsaus ma inquired f9 r eaA separate HVAC"am. A memrel or amtqxnatic awns to J partially rennet or shut off the heating and/or owling input to each zone or floor shall be pmvided I I Heating slid Cooling Equipment Sizing: [ ) I Rated MgPut caP=ty of the heatingleonling system is not greater then 125%of the dmip load as I spaclffed in Suctions 780tUt 1310 and 34.4_ I I Circulating )Blot Water systems: [ ) I bmulatc ciMdaling hot wales pipes to the levels in Table 1. I I swimming Pools: [ ] I All by Aed swimming pools must have an on/off heater switch mod ragaire a-aver thgleaa ovtr 20% 1 Of the beating eatergy is from non-deplaahlc souram. Aoril pmnps mire a time clock-. I Heating and Coaling Piping Insulation: [ ] I HVAC piping conveying fluids abrwc 120 OF or chilled fluids below 55 V must be insulswd to the I levels in Table 2. r 08i19/2005 15:14 15085481950 VALLE GROUP PAGE OE • FROM Kermetk Sadler Assoc1dteS PHONE NO. 508 790 31i3 Aug. 19 2005 07:30PH F5 r . Table 1: Minimum hwulaetuia Thickness for Circulating blot Water Pipes. Ipr,k#ation'lhickn=is Inches'by Pipe Sizes HcalcxlWmw Non-Cinaulatmg RjMms Cimulstin¢1klains and Rugggo T9uperatute(I 1 Up to 11, UJ2-10 1_.2.38 1,5"to 2.011 Over 2" 170-180 0.5 1.0 1.5 2.0 1,10-160 03 0.5 1.0 1.5 100-00 0.5 0.5 0.5 1-0 Tzbie2,, Minimum lasukWan 77akkness for EVAC pipes. R,nid Tmp. Ipgdgon TNdtmess in ln&h by FiYrc Sizes Zmplx 4 a�F1. T'Ra aks 1" s 1.25�to 2" 7.30 to " H'entlas Systems I,cw AessuielTeillperaivice 20'1-2j0 I.0 1.5 1.5 2.0 Low Temperattuve 171t-200 0.5 1.0 1.0 1.3 Steam Condeftsate(far feral water) My 1.0 1.0 1.5 2.0 Cooling Systems (Milled`5'atw,Refrigerw, 40-55 0.5 0.5 0.75 1.0 and Brine Bdow 40 1..0 1.0 1.5 1.5 NOTES TO �l,D(Bidldiz�nepartrneant Ilse(July) 08/23/2005 11:04 15065481956 VALLE GROUP PAGE 02 August 156,2005 The Valle Group 70 East Falmouth Highway Suite#3 E.Falmouth,M.A.02536 Lohr and Sons,Inc 800 Falmouth Road#203 A Mashpee,Ma 02649 Re: Lots 1-7,Gallagher Lane,Marstons Mimi,NU Dear Wesley, This letter serves to confirrn our agreement for the construction of(7)cape-style homes at Gallagher Lane per the plains by Kenneth Sadler Associates dated February 5,2005 and per the specifications titled"Gallagher Lane Construction Specifications"dated July 5`i', 2005. You responsibilities will include the clay-to-day oversight of all phases of construction including,but not limited to,excavation,foundation and slabs,framing,plumbing and heating, electrical,siding,roofing,insulation,dry-wall, interior trim,cabinetry,flooring and paint. You will be responsible for scheduling all subcontractors,coordinating Town of Barnstable inspections,ordering and procuring construction materials, supervising construction and assuring quality control for all homes. Your payment will.be$5,000.00 per house,to be paid on a monthly basis for.seven months and not to exceed a total payment of$35,000.00. You will also be eligible for a. $5,000.00 bozuus at the end of the project if the project meets a pre-determined and pre- agreed upon schedule and budget. We look forward to continuing our relationship with Lohr Construction throughout this next project. Regards, The Valle Group oht and Sons,Inc. Olt By: Christian Valle By: Wesley Lohr aOAR¢O BUEmNG<PEGQ�moNS / . ms c N RUCTION S P RvmOR 047742 k� ƒfie Tr.no: ,kq ( � ƒ� R s U , &ESL Y A L HR » f ea4§EATwNES�© \ (M E MA 026 kG , «$\+6 ' ! f 00-35;000 cf-en0o.sed•space (M R CA U S:60L) IA-Masonry only t.G-1&2:F6mily Homes Failure to-poSsess-a current edition of the ' WssAchusetts State Building Code is cause for revocation of this license. f. rR I� f� DIG-SAFE CALL CENTER: (8'$8)a44--233 r Affidavit of Substantial Financial. Interest Crof on oath depose and state as foll ws: 4. 1 am an applicant for a building permit for the property located at M Parcel. The address of the property is 2. I have % legal or equitable interest in the real property which is'the subject of the building permit application which.is identified in paragraph 1 above. 3. Within in the last twelve months from today's date, which is � �'L the following individuals or entities have had a 1% or greater legator equitable interest in the real property which is the subject of the building permit application which is identified in paragraph 1 above: Name Address I�K' ] /l/l ( a C(�lKlr i+OL66 &SNICa&P ✓- ,0✓� `"lO(J i 4. Within the•last twelve months, from today's date, which is I have had a 1% or greater legal or equitable interest in the following propertids which have been the subject of a building permit application: Map/Parcel Address 5. .Within this calendar year, I have submitted building permit applications for property in which I have a 1% or greater-legal or equitable interest. 6. Within the last ten days, I have submitted O building permit applications for property in which I have a 1% or greater legal or equitable interest. 7. Within this month, I have submitted O building permit applications for property in which I have a 1% legal or equitable interest. 8. Within this-month, I have received d building permits for property in which I have a 1% legal or equitable interest. Signed under the pains and penalties of perju , this sf4day of J� ,Ir 2006 � lip L 2001-Oo50/affin 1 Q/LOTTERY/AFFIDAVIT r The Commonwealth of Massachusetts --- Department of Industrial Accidents _ �J6s eJ/�re'sd®a�le�s' 600 Washington Street Boston,Mass. 02111 ,t Workers' compensation Insurance Affidavit-General Businesses - r r 'rr ar r . address' V ci state: u : 0' hone# ` 71—V0U )al( work site location full address): ❑ I am a sole proprietor and have no one Business Type: ❑Retail❑Restaurant/Bar/Eating Establishment working in any capacity. ❑Office❑Sales(including Real Estate,-Autos etc.) I am an em toyer with&;tn, loyees(full& art time). Other %���� I am an employer providing vrprkers' comvensation for my Ployees working on this job; • •. ._., ••:• •:,. •,ems address: .. :c Y• 4 :.: ..::::.:...* .: ... bone#:- lKl•1 :•c= : °: .110 nstirence.cbd•. . / / I am-a soleproprietor and have hired the independent contractors listed below who have the following workers' compensation polices: ; company name: address: �• '�::; •. s''�'%• IR • „ .•�.• .Y' :i. ,•,..a•. bone..#;: .- � :•t•,'',••�,`• .. r:,,,•. •.,; .'t��^.t,. ,.-•?c..ter:• / .'O.11C• :# .'y'.: insurance co. • •• - •'• '� '•` �/ •� /j/�////,y//////� oddress� lDhone#' ' iiisu'r'enc_�co.� '•t=' • •c'•:;.':•�. : `alicv�#-,..• '';�:',,;: ,,,.:i":r. . .;, .�:::•..•.�' • ',:'. '.;�= .° Fellura to secure coverage ea required mzder Sectlon 25A of MGL 152 can lead to the imposition of criminalpenaities of a fine up to$1,500.00 and/or one yearn imprisonment as well es clvilpcnalties lathe form of a STOP WORK ORDER and a rme of 5100.00 a day against me. I understand that p copy of this statement maybe forwarded to the Office of Invntlgatlone of the DLA-for coverage verification. I do_herejc &iunder the pains and penalties of perJury that the information provided above is true and correct 5i�pature Date Print name Phone# ofTic_ial we only do not write in this area to be completed by city or town oMcial city or town: permit/license# ❑Building Department []Licensing Board check if immediate response is required ❑selectmen's Office ❑health Department contaet person• phone#; ❑Other _ (revised Sept 20M) Information and. Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers'compensation for them om the"law", an employee is defined as every person in the service'of another under any contract employees. As quoted fr of hire, express or implied, oral or written. An employer is defined as an individual,partnership,association,corporation or„other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. r MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required Additionally;neither the commonwealth nor any of its political subdivisions shall enter into any contract=for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Flo WMEIVINEFAWAM _ z Applicants Please frill in the workers' compensation affidavit completely,by checking the box that applies to your situation. Please supply company name, address and phone numbers along with a certificate of insurance as all affidavits maybe submitted to the Department of Industrial Accidents for confirmation of insurarice coverage. Also be sure to,sign and date the affidavit. 'The affidavit shouldbe returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the"law" or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. �i,'/� ���/���/� �����/�����/ City or Towns Please be sure that the affidavit is complete and printed legibly. The Departrnent has provided a space at the bottom of the affidavit for you to fill Out in the event the Office of Investigations has to contact you regarding the applicant Please be sure to fill in the permit(license number which will b'e used as a reference number. The affidavits maybe returned to or FAX unless other arrangements have been made. the Department by mail The Office of Investigations would like to thank ybu in advance for you cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents ON 01181f@suglueng 600 Washington Street Boston,Ma. 02111 fax#: (617)727-7749 ' phone#: (617)727-4900 ext.406 I RESIDENTIAL BUILDING PERMIT FEES AF ACATION FEE , New Buildings $100.00 Residential Addition $50.00 Alterations/Renovations $50.00 Building Permit Amendment $25.00 FEE VALUE WORKSHEET �t4 NEW LrG SPACE x.0041=_ 3, 616 ��88•'�� LI � b square feet x$96/sq.foot_ 1 plus from below(if applicable) AI,TERATIONSMENOVATIONS OF EXISTING SPACE square feet x$64/sq.foot plus frombelow(if applicable) GARAGES(attached&detached) square feet x$32/sq.ft.= x.0041= ACCESSORY STRUCTURE>120.sq.ft. >120 sf-500 sf $35.00 >500 sf-750 sf 50.00 >750 sf- 1000 sf 75.00 ' >1000 sf- 1500 sf 100.00 >15o0 sf-Same as new building permit: square feet x$96/sq.foot= x.0041= STAND ALONE PERMITS Open Porch x$30.00= . (number) a Deck . x$30.00= `��' • (number) . x$25.00= Fireplace/Chimney • (number) • Inground Swimming Pool $60.00 Above Ground Swimming Pool $25.00 Relocation/Moving $150.00(plus above if applicable) Permit Fee // F F� Prolcost Rev:063004 SMOKE DETECTORS REVIEWED g a e` UL BARgfbWFOUILDING DEPT. DATEC L , 'FIRE DEPARTMENT DATE a a 7 BOTH SIGNATURES ARE REQUIRED FOR PERMITTING a d � S in E S . °o S � d g z 0 a x • � pccc-oon•s " .... I,rile...e,i. pr�oart•> e o J �.L_r�'i- I d '.................................................................................................. - i $Zg� �r• o hEGOND FLOOD FLA Ll � .>o0 9cnla. i/n o' mood rigor P�•. 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FNDN TOP FNDN = 87.6' N 2 3� t W P��gY 01-001 CERTIFIED FO UNDA TIO PLAN FOR THE PURPOSE OF OBTAINING A BUILDING PERMIT LOCATION LOT 7 TAKEBY ROAD (MARSTONS MILLS) BARNSTABLE PREPARED FOR: SCALE: 1 = 50' DATE: MARCH 26, 2001 HOUSING ASSISTANCE PREFERENCE PR 487 PC 95 CORPORATION ASSESS. MAP 12 PCL 6 1 HEREBY CERTIFY THAT THE STRUCTURE SHOWN ON THIS PLAN IS LOCATED ON THE z� AflNE GROUND AS SHOWN HEREON. H. o OJALA J I 4 0.263 dons cape engineering ma q s �fCIs R� a CIVIL ENGINEERS , � Ndi 1 LAND SURVEYORS — -- -- -- ---- --_ ---- 999 main aL yarmnatk ma 02M �A REG. LAND S:i.RVEYCR f G Permit Number b)es MECcheck Compliance Report Cifecked By/Date Massachusetts Energy Code MECcheck Software Version 3.4 Release 1 Data filename:HAC ,A¢ 1353A.mck TTTLE:Three Bedroom Raised Caped CITY:Barnstable STATE: Massachusetts HDD: 6137 CONSTRUCTION TYPE: 1 or 2 Family,Detached HEATING SYSTEM TYPE: Other(Non-Electric Resistance) DATE: 02/02/05 DATE OF PLANS: 2/05/05 PROJECT INFORMATION: Housing Assistance Corp 420 West Main Street Hyannis,MA COMPANY INFORMATION: Kenneth Sadler Associates P.O. Box 1149 Hyannis,MA 02601 508.790.3922 CS#039020 COMPLIANCE: Passes Maximum UA=247 YoifTfo 5 13.0%Better Than Co Gross Glazing Area or Cavity Cont r oor Perimeter R-Val - alue U-Factor UA Ceiling 1: Flat Ceiling or Scissor Truss 38.0�3 0.0 16 Ceiling 2: Cathedral Ceiling(no attic) 2 30.0 0.0 9 Wall 1:Wood Frame, 16"o.c. 273 � 0.0 17 Wall 2:Wood Frame, 16"o.c. 364 15:0— 26 Wall 3:Wood Frame, 16"o.c. 513 . 1-50 4 0.0 34 Wall 4:Wood Frame, 16"o.c. 364 #15-. ' 0.0 26 Window 1:Wood Frame: le Pane with Low-E 28 0.320 Window 2:Wood F e:Double Pane with Low-E 28 0.320 9 Window,3: Frame:Double Pane with Low-E 48 0.320 15 i Window 4:Wood Frame:Double Pane with Low-E 21 0.320 7 Door 1: Solid 20 0.140 3 Door 2: Glass 20 0.410 8 Floor 1: All-Wood Joist/Truss:Over Unconditioned Space 816 21-0 0.0 36 COMPLIANCE STATEMENT: The proposed building design described here is consistent with the building plans, specifications,and other calculations submitted with the permit application. The proposed building has been designed to meet the Massachusetts Energy Code requirements in MECcheck Version 3.4 Release 1 and to comply with the mandatory requirements listed in the MECcheck Inspection Checklist. The heating load for this building,and the cooling load if appropriate,has been determined using the applicable Standard Design Conditions found in the Code. The HVAC equipment selected to heat or cool the building shall be no greater than 125%of the design load,as specified in Sections 780CMR 1310 and J4.4. Builder/Designer _- � ����� Date 7'• �� I i �- MECcheck Inspection Checklist Massachusetts Energy Code MECcheck Software Version 3.4 Release 1 DATE: 02/02/05 TITLE:Three Bedroom Raised Caped Bldg. I Dept. I Use I I I Ceilings: ] I 1. Ceiling 1: Flat Ceiling or Scissor Truss,R-38.0 cavity insulation I Comments: [ ] 1 2. Ceiling 2: Cathedral Ceiling(no attic),R-30.0 cavity insulation I Comments: I Above-Grade Walls: [ ) 1 1. Wall 1: Wood Frame, 16"o.c.,R-15.0 cavity insulation I Comments: [ ) 1 2. Wall 2: Wood Frame, 16"o.c.,R-15.0 cavity insulation I Comments: [ ] 1 3. Wall 3: Wood Frame, 16"o.c.,R-15.0 cavity insulation I Comments: [ ] 1 4. Wall 4: Wood Frame, 16"o.c.,R-15.0 cavity insulation I Comments: I Doors: [ ] I 1. Door 1: Solid,U-factor: 0.140 I Comments: I I Floors: [ ] 1 1. Floor 1: All-Wood Joist/Truss:Over Unconditioned Space,R-21.0 cavity insulation I Comments: I I Air Leakage: [ ) I Joints,penetrations,and all other such openings in the building envelope that are sources of air I leakage must be sealed. [ ] I When installed in the building envelope,recessed lighting fixtures I shall meet one of the following requirements: I 1. Type IC rated,manufactured with no penetrations between the inside of the recessed fixture I and ceiling cavity and sealed or gasketed to prevent air leakage into the unconditioned space. 1 2. Type IC rated,in accordance with Standard ASTM E 283,with no more than 2.0 cfm(0.944 I Us)air movement from the the conditioned space to the ceiling cavity. The lighting fixture I shall have been tested at 75 PA or 1.57 lbs/ft2 pressure difference and shall be labeled. I Vapor Retarder: [ ] I Required on the warm-in-winter side of all non-vented framed ceilings,walls,and floors. 1 . I Materials Identification: [ ] I Materials and equipment must be identified so that compliance can be determined. [ ] I Manufacturer manuals for all installed heating and cooling equipment and service water heating I' equipment must be provided. [ ] I Insulation R-values and glazing U-factors must be clearly marked on the building plans or specifications. I I Duct Insulation: . [ ] I Ducts shall be insulated per Table J4.4.7.1. I I Duct Construction: [ ] , I All accessible joints,seams,and connections of supply and return ductwork located outside I conditioned space,including stud bays or joist cavities/spaces used to transport air,shall be sealed I using mastic and fibrous backing tape installed according to the manufacturer's installation I instructions. Mesh tape may be omitted where gaps are less.than 1/8 inch. Duct tape is not permitted. [ ] I The HVAC system must provide a means for balancing air and water systems. I I Temperature Controls: [ ] I Thermostats are required for each separate HVAC system. A manual or automatic means to I partially restrict or shut off the heating and/or cooling input to each zone or floor shall be provided. Heating and Cooling Equipment Sizing: [ ] I Rated output capacity of the heating/cooling system is not greater than 125%of the design load as I specified in Sections 780CMR 1310 and J4.4. I I Circulating Hot Water Systems: [ ] I Insulate circulating hot water pipes to the levels in Table 1. I I Swimming Pools: [ ] I All heated swimming pools must have an on/off heater switch and require a cover unless over 20% 1 of the heating energy is from non-depletable sources. Pool pumps require a time clock. I Heating and Cooling Piping Insulation: [ ] I HVAC piping conveying fluids above 120°F or chilled fluids below 55°F must be insulated to the I levels in Table 2. I ' Table]: Minimum Insulation Thickness for Circulating Hot Water Pipes. Insulation Thickness in Inches by Pine Sizes Heated Water Non-Circulating Runouts Circulating Mains and Runouts Temperature(F) Up to 1" Up to 1.25" 1.5" to 2.0" Over 2" 170-180 0.5 1.0 1.5 2.0 140-160 0.5 0.5 1.0 1.5 100-130 0.5 0.5 0.5 1.0 Table 2: Minimum Insulation Thickness for HVAC Pipes. Fluid Temp. Insulation Thickness in Inches by Pipe Sizes Piping System Tunes Range 2" Runouts 1"and Less 1.25"to 2" 2.5"to 4" Heating Systems Low Pressure/Temperature 201-250 1.0 1.5 1.5 2.0 Low Temperature 120-200 0.5 1.0 1.0 1.5 Steam Condensate(for feed water) Any 1.0 1.0 1.5 2.0 Cooling Systems Chilled Water,Refrigerant, 40-55 0.5 0.5 0.75 1.0 and Brine Below 40 1.0 1.0 1.5 1.5 NOTES TO FIELD(Building Department Use Only) July 5th,2005 Owner: Housing Assistance Corporation 460 West Main Street Hyannis,MA 02601 Construction Manager: The Valle Group DB/A Shipston Group LLC 70 East Falmouth Hwy Suite#3 East Falmouth, MA 02536 Construction Specifications: Lots 1 -7: Gallagher Lane Wakeby Rd. Marstons Mills,MA 02648 Plans dated February 5,2005 by Kenneth Sadler Associates 24'x34' Cape with three bedrooms,one and one half baths, and a full shed dormer SITE WORK • All lots will be cleared to the extent necessary to dig the foundation hole and install the septic system, driveway and utilities.Any import or export of fill required for grading purposes or due to unsuitable soils will be an additional cost. CONCRETE FOUNDATIONS • 8"x 16"footing, formed and keyed with 3000 PSI concrete. • 8"foundation walls, T-9"high,coated externally with damp-proofing material below finish grade. • Existing foundations and footing to be reused. • New panes to be installed in old foundation windows. • Standard cellar windows to be used on new foundations. CONCRETESLAB • Basement floor slab approximately 3-1/2"2500 PSI thick concrete poured over existing grade with control joints. WOOD FRAME • Exterior walls:2"x 4"framing at 16"on center. • Interior walls: 2"x 4"framing at 16"on center. • Floor systems: 2"x 10"firaming at 16"on center. • Center Girt: (4)2x10's bearing on 3-1/2"steel lalley columns. • Roof systems: 2"x 10"and 2"x 8"rafters at 16"on center. • Roof sheathing: 1/2" CDX fir. • Exterior wall sheathing: 7/16" O.S.B. • Floor sheathing: 3/4"tongue and grooved plywood,nailed and glued to joists. Page 1 of 4 SIDING AND EXTERIOR TRIM • '/2"x 6"pre-primed cedar clapboards on front elevation. • White cedar shingles on side and tear elevations @ 5"t.t.w. • Siding installed over Tyvek housewrap or equal. • #2 primed pine trim for rakes,soffits,eaves and comer boards. ROOFING Roof shingles to be IKO 20-year 3-tab asphalt shingles. • 15 lb felt asphalt paper under shingles with vented aluminum drip edge along all eaves. • Cobra continuous ridge vent at roof peak. GUTTERS AND DOWNSPOUTS • White aluminum seamless gutters and downspouts installed at eaves and comerboards. • Gutters to drain onto existing grade. WINDOWS • Andersen 200 Series windows with 4-9/16 jambs, Low E glass,grilles between the glass,and white screens. • Windows per plan include: o (1) 1835 casement window o (3) 2442-2 double-hung windows o (1) 2446-2 double-hung window o (2) 2432 double-hung windows o (1) 2446. double-hung window o (6) 2442 double-hung windows EXTERIOR DOORS AND SHUTTERS • (1)2-light 4-panel Stanley or Thermatru steel insulated front door with weather stripping • (1)9-light steel insulated rear door off of rear deck with weather stripping e Construction Manager has right to substitute door of equal or better quality • Hardware to include standard Orbit or Schlage brass exterior door locks • Shutters included on front of house only. Color choices will be available FRONT PORCH AND REAR DECK • Pressure treated deck framing material with 5/4"x 6"pressure treated decking and railings INTERIOR TRIM AND DOORS • 6-panel hollow core masonite colonial style doors per plan • Jambs to be finger jointed • 2- 1/2"colonial style window and door casing • 3 - 1/2"colonial style baseboard • Orbit(or equal)door hardware • Stairs to be carpeted with pine skirts CABINETRY • An allowance of$5,000 has been included for all kitchen and vanity cabinetry including laminate I tops. • Cabinetry to be Qristokraf% Oakland or Westbury lire, with standard drawer construction. • Owner and Construction Manager to decide on final cabinet selection. Page 2 of 4 i PLUMBING • Individual wells and water tanks servicing each lot. • Interior copper water supply with PVC drains and vents • Provide connections for clothes washer,dryer vent,dishwasher and 2 outside sillcocks • The following plumbing fixtures will be provided: o Kitchen-Stainless single-bowl kitchen sink with faucet(Moen or equal) o Master Bath and Guest Bath-$'white Lasco tub/shower units,Moen(or equal) shower valves, Mansfield drop-in sinks and Mansfield elongated white water closets,Moen(or equal)faucet • Icemaker has not been included at this time HEATING • Heat system to be 2-zone forced hot waxer by natural gas • (1)40-gallon hot water heater by natural gas • Weil McClain boiler or equal to be installed • Boiler and hot water heater to be power vented to the rear of the houses ELECTRICAL • 100 AMP electrical service • The following electrical fixtures are to be supplied by owner-allowance$300.00 o Bathrooms—(1)over mirror bar lights or(1)wall sconce o Bathrooms-(1)Nutone(or equal)fanlight combo unit o Front entry- 1 light fixture o Halls-2 light fixtures o Kitchen- 1 light over sink, 1 light in center of ceiling o Family- 1 light fixture centered in room o Outside lights- 1 light in front of each door • Wiring for well equipment including well pump • Dryer and bath exhaust fans to be vented by electrician ELECTRICAL FIXTURES SUPPLIED BY CONTRACTOR • Spot light in back of house • Basement lighting—2 pull-chain lights, 3 lights on 3-way switch • (2)outside outlets • (3)caty outlets and(3)phone outlets • (4)6"recessed lights • (1)front doorbell • Outlets for washer,dryer and electric stove • Smoke detectors per code INSULATION • All exterior walls insulated with 3 - 1/2"R-13 Kraft faced fiberglass insulation • Basement ceiling insulated with 6" R 19 Kraft faced fiberglass insulation • Ceiling insulated with 9"R-30 Kraft faced fiberglass insulation • All work to be done as required by state and local codes WALL TREATMENTS All interior walls and ceilings are'%s"dry-wall • Ceiling,cellar stairwells, and closets are %z"drywall with textured finish Page 3 of 4 f INTERIOR PAINT • All trim primed and painted two coats(one color) semi-gloss white • Interior walls primed(tinted primer)and painted(one color)flat white • Ceilings painted white EXTERIOR PAINT • All trim primed and painted two coats • Clapboard primed and painted two coats • White cedar shingles left natural • Exterior paint colors to be Owner approved in standard colors FLOOR COVERING • Vinyl Linoleum has been included in the kitchen and baths-$1.89 per sq. foot allowance • Carpeting has been included in the balance of home-$20.00 per sq.yard allowance APPLIANCES • A$1,500.00 allowance has been included for the refrigerator,electric stove, stove hood, and dishwasher. CLOSET SHELVING • 4 vinyl coated wire shelves for linen and pantry closets • 1 vinyl coated wire shelf for bedrooms,laundry, and entry closets LANDSCAPING • A$6,000 per home allowance has been included for all landscaping including: o Grass and shrubs o Asphalt driveways and walkways o Bark mulch Owner: Date Housing Assistance Corporation 460 West Main Street Hyannis,MA 02601 Construction Manager: Date The Valle Group DB/A Shipston Group LLC 70 East Falmouth Hwy Suite#3 East Falmouth, MA 02536 Page 4 of 4 Bk 13615 Pg42 014672 03-05-2001 C@ 03 a 0&P QUITCLAIM DEED BARNSTABLE HOUSING AUTHORITY., of 146 South Street, Hyannis, MA (02601) for consideration paid and in consideration of under $100.00 an& a v , and pursuant to unanimous resolution of the Board of Commissioners of the Barnstable Housing Authority to convey this parcel as herein described, Resolution Number 2001=14 dated February 15, 2001 grants to HOUSING ASSISTANCE CORPORATION, A Massachusetts Corporation, with an address of 460 West Main Street, Hyannis, MA 02601 a parcel of land located at Barnstable, Barnstable County, Massachusetts, described as follows: Lots 1, 2, 3, 4, 5, 6, and 7 Wakeby Road and Gallagher Lane, on a plan of land entitled o "Definitive Subdivision Plan in Marstons Mills (Barnstable) Mass. Prepared for Barnstable Housing Authority by Town of Barnstable Dept. of Public Works Engineering Division" recorded at a Barnstable dounty Registry of Deeds in Plan Book 558, Page 56. H For title see Deed from the Town of Barnstable dated March 31, 1989 and recorded in Barnstable County Registry of Deeds, Book 6685, Page 188. Witness my hand and seal this 28th day of February, 2001. Thomas K. Lyncb Executive Director Barnstable Housing Authority 146 South Street Hyannis MA 02601 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. FEBRUARY 28, 2001 Then personally appeared the above named Thomas K. Lynch and acknowledged the foregoing instrument to be his free act and deed on behalf of the Barnstable Housing Authority, before me. Notary Public Jane F. Davis My Commission E pir s: 11/02/01 r BARNSTABLE REGISTRY OF.DEEDS INE °w� The Town of Barnstable BAB AS,';- E. MASS. 9` Department of Health Safety and Environmental Services ' 0 t639• �0 prFOMP�° _ Building Division 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection /y P p /,�!/V/ Location F4 2- ?4 Permit Number Owner Builder Z" One notice to remain on job site,one notice on file in Building Department. The following items need correcting: ( / Ye CDOKA— r O"77 Ud� S7`� 5 C Llf y03 3 Please call: 508-862-403-Wfor re-inspection. Inspected by L Date I Ulshoeffer, Elbert From: Weil Ruth To: Maloney Kathy; Ulshoeffer, Elbert Cc: Smith Robert Subject: Gallagher Way Date:. Friday, March 30, 2001 6:11 PM Under no circumstances shall John McShane or anyone from the Housing Assistance Corporation receive building permits for the Gallagher Way project until you receive confirmation from our office that the title problems have been resolved and that they have a signed "Certificate of Affordability"from the Town Attorney. Although a restrictive covenant has been recorded on the property by HAC,we have just received confirmation that HAC does not own the property. While HAC does have title insurance, we have been in touch with the actual owner, who indicates that he does not want any work to go forward. So for now, no permits shall issue. Page 1 �t irk Town of Barnstable Regulatory Services B"R' � MASS. ' Thomas F.Geiler,Director �SS.ss. 9� 1639. ,0� '�Eo►may. Building Division Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 DATE: June 7,2001 TO: Mary Blake,Assistant Town Accountant FROM: Kathy Maloney,Administrative Assistant RE: Refund of permit fees Attached is a letter requesting a refund of building-permit fees for the following permits: 52176 $252.25 52175 $252.25 52177 $252.25 Total $756.75 The Town is unable to issue these permits.They have now been voided. Copies of the canceled checks and voided permits are attached. Please let me know if you need any additional information. cc: John McShane Tax Assessor I Q010607A TOWN OF BARNSTABLE SA ASS,IE.MASS, OFFICE OF TOWN ATTORNEY A93. t639. 367 MAIN STREET rEOM�6 HYANNIS, MASSACHUSETTS 02601-3907 I I ROBERT D.SMITH,Town Attorney TEL(508)862-4620 RUTH J.WEIL, 1st Assistant Town Attorney FAX#(508)862-4724 j T.DAVID HOUGHTON,Assistant Town Attorney CLAIRE R.GRIFFEN, Legal Assistant March 23, 2001 THERESA M.CAHALANE, Legal Clerk 1 MAR 2 4 2001 �J 4f!, ?YPr�!9rr i9h7 r+rsrrr,n, MICHAEL J. PRINCI, ESQ. p _rrfirWrr, Attorney at Law WYNN & WYNN, P.C. 310 Barnstable Road Hyannis, MA 02601 Re: Gallagher Lane, Regulatory Agreement and Restrictive Covenant Our File Ref: #99-0157 Dear Michael: With regard to the Gallagher Lane development, enclosed please find the Regulatory Agreement and Restrictive Covenants which we discussed. As you are aware, under the Cape Cod Commission DCPC Decision, the interim regulations allow the town to issue permits (for completed building permit applications) outside the monthly building cap for either a Chapter 40B development or a development which has received a "certificate of affordability" from the Office of the Town Attorney. Our office is requiring the execution and recording of this Regulatory Agreement as a condition precedent to the issuance of the "Certificate of Affordability". (I have included a "Certificate of Vote", for your convenience. Please advise me if this is necessary, and if not, why not.). Ric Presbrey has called and asked me to deliver this document to him directly. However, I felt uncomfortable doing so because of the obvious ethical constraints. As soon as this is recorded and a copy of the recorded document is returned to our office, we will be in a position to issue the "Certificate of Affordability," March 23, 2001 Gallagher Lane-Restrictive Covenants Page 2 Thank you for your attention to this matter. Sincerely yours, RJW:cg Ruth J. Weil, Assistant Town Attorney Town of Barnstable cc: Town Manager Building Commissioner [97-0157\prind-1] i REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS i THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS, is made this_ day of March, 2001,by and between the Housing Assistance Corporation, 460 West Main Street, Hyannis, MA 02601 and its successors and assigns (hereinafter the 'Developer") and the TOWN OF BARNSTABLE, 367 Main Street, Hyannis, MA 02601 (the "Municipality"). WHEREAS the Developer intends to construct a housing development known as "Gallagher Lane" and described as follows: Lots 1, 2, 3, 4, 5, 6 and 7 Wakeby Road and Gallagher Lane, on a plan of land entitled "Definitive Subdivision in Marstons Mills (Barnstable) Mass. Prepared for Barnstable Housing Authority by Town of Barnstable Dept. of Public Works Engineering Division" recorded at Barnstable County Registry of Deeds in Plan Book 558, Page 56. For title, see deed recorded in Book 6685, Page 188 (the "Project") and the Land Transfer Agreement between the Developer and the Barnstable Housing Authority ("BHA") dated February 15, 2001. WHEREAS, the Developer has agreed to develop the land in accordance with the Request for Proposal from the BHA dated February 15, 2001, and NOW THEREFORE, in mutual consideration of the agreements and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. PROJECT SCOPE AND DESIGN: A. The Project presently will consist of seven single family detached homes, all of which will be sold to eligible low and moderate income home buyers (the "Affordable Units" or the "Units"). B. The Developer agrees to construct the Project in accordance with Plans and Specification approved by the BHA. C. The Project must fully comply with the State Building.Code and with all applicable state and federal building, environmental, health, safety and other laws, rules, and regulations, including, without limitation, all applicable federal and state laws, rules and regulations relating to the operation of adaptable and accessible housing for the handicapped. D. Each Affordable Unit must be affordable to and sold to households with a maximum income of 80% of Area Median Income (as defined by HUD), to an Eligible Purchaser. An Eligible Purchaser is a purchaser who satisfies the criteria set forth in the Guidelines of the HOME Program, as they now exist and may be 2001-0054/regulatory agreementl amended the future. E. Upon issuance of occupancy permits for the Project, the Project will be submitted to the Massachusetts Department of Housing and Community Development (DHCD) for inclusion in the Subsidized Housing Inventory as that term is described in 760 CMR 31.04 (1). II. RESALE RESTRICTIONS and COVENANTS OF PARTIES A. DEED RIDER 1. The Deed Rider and any affordability criteria in this Agreement are covenants that run with the land in perpetuity. 2. At the time of sale of each Affordable Unit, and as a condition of the sale, the Developer and the Unit Purchaser shall execute a Deed Rider in a form acceptable to the Municipality. This Deed Rider shall be made a part of the deed from the Developer to the Unit Purchaser. 3. The Deed Rider shall require that at the time of the initial resale, and at all subsequent resales, a similar Deed Rider satisfactory in form and substance to the Municipality be executed and attached and made part of the deed from the Unit Purchaser to the Eligible Purchaser, so that the affordability of the Unit will be preserved in perpetuity. 4. The Deed Rider shall require the Unit owner at the time he/she desires to sell the Affordable Unit to notify the Municipality whereupon the Municipality, or its designate, will determine the Discounted Purchase Price by applying the Resale Multiplier, as defined below (under Affordability), to the current median income of the applicable household size. ($94,000/$34,700= 2.429) 5. Each Deed Rider shall also require the Unit Purchaser at the time he/she desires to sell the Unit to offer it to the Municipality at the Discounted Purchase Price. The Municipality or its delegate shall have the option, upon terms more particularly described in the Deed Rider, to either purchase the Affordable Unit or to find an Eligible Purchaser. B. RESALE TO OTHER THAN ELIGIBLE PURCHASER 1. If upon the initial resale or any subsequent resale of an Affordable Unit the Municipality or its delegate are unable within one hundred twenty (120) days to find an Eligible Purchaser for the Unit and the Municipality elects not to exercise its right to purchase, the Municipality or its delegate must within thirty (30) days notify at least five (5) non-profits which may have an interest in purchasing the property, of the availability of the Unit. If within an additional thirty (30) days 2 r there is no non-profit willing to purchase the Unit, the Unit Owner shall then have the right to sell to any person regardless of his/her income and at any price, free of any future Resale Restriction, provided that the difference between the actual resale price and the Discounted Purchase Price for which the Municipality or an Eligible Purchaser could have purchased the Unit (the "Windfall Amount") shall be paid by the seller to the Municipality. The Municipality shall deposit all such Windfall Amounts from the sale of Affordable Units in the Municipality's Low and Moderate Income Housing Fund. C. PURCHASE BY MUNICIPALITY 1. In the event that the Municipality purchases an Affordable Unit pursuant to its right to do so contained in the Deed Rider then the Municipality shall within six (6) months of the date of registering the deed either(i) sell the Unit to an Eligible Purchaser at the same price for which it purchased the Unit plus any expenses incurred by the Municipality during this period of ownership, subject to a Deed Rider satisfactory in form and substance to the Municipality and the recording of an Eligible Purchaser Certificate satisfactory in form and substance to the Municipality the method for selecting such Eligible Purchaser to be approved by the Monitoring Agent, or(ii) rent the Affordable Unit to a person who meets the income guidelines of the HOME Program, upon terms and conditions satisfactory to the Monitoring Agent and otherwise in conformity with the requirements of the Guidelines of the HOME Program. 2. If after purchasing the Affordable Unit the Municipality fails to sell or rent the Unit within the six (6) month period described above, or if at any time after the initial rental of the Affordable Unit by the Municipality as provided herein the Affordable Unit becomes vacant and remains vacant for more than ninety (90) days, the Unit shall be transferred to the Barnstable Housing Authority for inclusion in their rental housing program. D. AFFORDABILITY 1. The Units must be sold to an Eligible Purchaser as defined by the Guidelines of the HOME Program as the Guidelines now exist and may be amended in the future. 2. The maximum sales price for an Affordable Unit at subsequent resales will be determined by applying a Resale Multiplier, established at the initial sale (2.429)', to the current applicable median household income at the time of resale. This Resale Multiplier will be determined by the Municipality and will be applied to all subsequent re-sales. E. SUBSIDIZED HOUSING INVENTORY 3 1. Each Unit will remain a Subsidized Housing Unit and continue to be included in the Subsidized Housing Inventory for as long as the following three conditions are met: a) this Agreement remains in full force and effect and neither the Municipality nor the Developer are in default hereunder; b) the Project and the Unit each continue to comply with this Agreement, and with the Guidelines as the same may be amended from time to time; and c) either(i) a Deed Rider binding the then current owner of the Unit to comply with the Resale Restrictions is in full force and effect and the then current owner of the Unit is either in compliance with the terms of the Deed Rider, or the Municipality or its delegate is in the process of taking such steps as may be required to enforce the then current owner's compliance with the terms of the Deed Rider, or (ii) the Unit is owned by the Municipality and the Municipality is in compliance with the terms and conditions of this section. III. DEVELOPER'S COVENANTS AND RESPONSIBILITIES A. THE DEVELOPER HEREBY REPRESENTS, COVENANTS AND WARRANTS AS FOLLOWS: 1. The Developer: a) is a non-profit organization, duly organized under the laws of the Commonwealth of Massachusetts, and'is qualified to transact business under the laws of this State, b) has the power and authority to own its properties and assets and to carry on its business as now being conducted, and c) has the full legal right, power and authority to execute and deliver this Agreement. 2. The execution and performance of this Agreement by the Developer: a) will not violate or, as applicable, has not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note, or other instrument to which the Developer is a party or by which it or the Project is bound, will not result in the creation or imposition of any prohibited encumbrance of any nature. 3. The Developer will, at the time of execution and delivery of this Agreement, have good and marketable title to the premises constituting the Project free and clear of any lien or encumbrance (subject to encumbrance created pursuant to this 4 r Agreement, any loan relating to the Project the terms of which are approved by the Municipality, or other permitted encumbrances, including mortgages referred in paragraph XIII below). 4. There is no action, suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or, to the knowledge of the Developer, threatened against or affecting it, or any of its properties or rights, which, if adversely determined, would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. SALE OF UNITS 1. Except for sales of Units to home buyers as permitted by the terms of this Agreement, Developer will not sell, transfer, lease, exchange, mortgage, or otherwise encumber the Project without the prior written consent of the Municipality. C. EMINENT DOMAIN OR DESTRUCTION OF PREMISES 1. Until such time as decisions regarding repair of damage due to fire or other casualty, or restoration after taking by eminent domain, shall be made by home buyers or the Municipality should ownership be in that entity, the Developer agrees that if the Project, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use, the Developer will use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation, and thereafter to operate the Project in accordance with the terms of this Agreement, subject to the approval of the Project's lenders, which lenders have been approved by the Municipality. D. COMPLIANCE 1. Developer hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. IV. MUNICIPALITY COVENANTS AND RESPONSIBILITIES A. The Municipality agrees that all amounts constituting Excess Profit, Windfall Amount, or any amount paid to the Municipality by the Developer or the Unit Seller pursuant to the provisions of this Agreement shall be deposited in the Municipality's Affordable Housing Fund. This Affordable Housing Fund shall be 5 an interest-bearing account used from time to time by the Municipality, for the purpose of reducing the cost of the Project's Affordable Units for Eligible Purchasers, and for the purposes of encouraging, creating, or subsidizing the construction or rehabilitation of housing for Low to Moderate Income individuals and families elsewhere in the Municipality. B. The Municipality, and any delegate to which the Municipality might assign its rights and duties under this Agreement, agrees that it will use such means as provided in this Agreement and the Deed Rider to maintain the affordability of the Units, by means of exercising the right of first refusal, or by notifying, by means more fully described above, other non-profits of the availability of a Low to Moderate Income Unit. The Municipality further agrees that it or its delegate will continue to monitor the Units annually to ascertain the status of the Unit's tenancy and compliance with all of the provisions of the Deed Restriction, and to offer to the Unit owner a referral for financial counseling or other such intervention when deemed appropriate. V. RECORDING OF AGREEMENT: Upon the execution of this Agreement, the Developer shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or, if the Project consists in whole or in part of registered land, file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the "Registry of Deeds"), and the Developer shall pay all fees and charges incurred in connection therewith. Upon recording or filling, as applicable, the Developer shall immediately transmit to the Clearinghouse and the Municipality evidence of such recording or filing including the date and instrument, book and page or registration number of the Agreement VI. GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate by written notice VIII. HOLD HARMLESS: The Developer hereby agrees to indemnify and hold harmless Municipality and/or its delegate from any and all actions or inactions by the Developer, its agents, servants or employees which result in claims made against Municipality and/or its delegate, including but not limited to awards, judgments, out-of-pocket expenses and attorney's fees necessitated by such actions. 6 r IX. ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing, executed by the parties, and appended to this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGLC 184, Section 26 which shall run with the land described herein and shall be binding upon the Owner and all successors in title . This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described herein. X. TERM OF AGREEMENT 1. The term of this Agreement shall be perpetual. XI. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend, declare, and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement. B. The Developer intends, declares, and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land, encumbering the Project for the term of this Agreement, and are binding upon the Developer's successors in title, (ii) are not merely personal covenants of the Developer, and (iii) shall bind the Developer, its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. XII. DEFAULT: If any default, violation or breach by the Developer of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty (30) days after notice to the Developer thereof, then the Monitoring Agent may send notification to the 7 i Municipality that the Developer is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Developer will pay all costs and expenses, including legal fees, incurred by the Monitoring Agent in enforcing this Agreement and the Developer hereby agrees that the Municipality and the Monitoring Agent will have a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such a lien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XIII. MORTGAGEE CONSENT: The Developer represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed a consent to this Agreement. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of , 2001. TOVOFRNSTABLE BY: LIMM Town Manager THE DEVELOPER, HOUSING ASSISTANCE CORPORATION BY: FREDERIC B. PRESBREY, Executive Director 8 CERTIFICATE OF VOTE At a meeting of the board of the Housing Assistance Corporation. held on March 21, 2001 it was voted to authorize the Executive Director, Frederic B. Presbrey, to execute the "Regulatory Agreement and Declaration of Restrictive Covenants" with the Town of Barnstable for the project known as "Gallagher Lane". and described as follows: Lots 1, 2, 3, 4, 5, 6 and 7 Wakeby Road and Gallagher Lane, on a plan of land entitled "Definitive Subdivision in Marstons Mills (Barnstable) Mass. Prepared for Barnstable Housing Authority by Town of Barnstable Dept. of Public Works Engineering Division" recorded at Barnstable County Registry of Deeds in Plan Book 558, Page 56. For title, see deed recorded in Book 6685, Page 188 (the "Project") and the Land Transfer Agreement between the Developer and the Barnstable Housing Authority ("BHA") dated February 15, 2001. Attest: Clerk Date of Certification 2001-0054/vote I Town of Barnstable Legal Department - Town Attorneys' Office 367 Main Street, Hyannis MA 02601-3907 Inter-Office Memorandum Robert D. Smith,Town Attorney Office: 508-862-4620 Ruth J.Weil, 1st Assistant Town Attorney Fax: 508-862-4724 Claire Griffen,Paralegal/Legal Assistant T.David Houghton,Assistant Town Attorney Terri Cahalane,Legal Clerk To: John C. Klimm,. Town Manager From: Ruth Weil, Assistant Town Attorney Date: March 23, 2001 Subject: Gallagher Lane Regulatory Agreement and Restrictive Covenants Legal Ref. # 2001-0054 Attached please find three originals of the Regulatory Agreement and Restrictive Covenants for the Gallagher Lane development for your signature. Once these document are executed by all parties and recorded by HAC at the Registry of Deeds, our office will issue a "Certificate of Affordability" and HAC will be able to pull any building permits for which it has completed applications. Please give me a call with any questions. Thank you. cc: Building Commissioner REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS, is made this_ day of March, 2001, by and between the Housing Assistance Corporation, 460 West Main Street, Hyannis, MA 02601 and its successors and assigns (hereinafter the "Developer") and the TOWN OF BARNSTABLE, 367 Main Street, Hyannis, MA 02601 (the "Municipality"). WHEREAS the Developer intends to construct a housing development known as "Gallagher Lane" and described as follows: Lots 1, 2, 3, 4, 5, 6 and 7 Wakeby Road and Gallagher Lane, on a plan of land entitled "Definitive Subdivision in Marstons Mills (Barnstable) Mass. Prepared for Barnstable Housing Authority by Town of Barnstable Dept. of Public Works Engineering Division" recorded at Barnstable County Registry of Deeds in Plan Book 558, Page 56. For title, see deed recorded in Book 6685, Page 188 (the "Project") and the Land Transfer Agreement between the Developer and the Barnstable Housing Authority ("BHA") dated February 15, 2001. WHEREAS, the Developer has agreed to develop the land in accordance with the Request for Proposal from the BHA dated February 15, 2001, and NOW THEREFORE, in mutual consideration of the agreements and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. PROJECT SCOPE AND DESIGN: A. The Project presently will consist of seven single family detached homes, all of which will be sold to eligible low and moderate income home buyers (the "Affordable Units" or the "Units"). B. The Developer agrees to construct the Project in accordance with Plans and Specification approved by the BHA. C. The Project must fully comply with the State Building Code and with all applicable state and federal building, environmental, health, safety and other laws, rules, and regulations, including, without limitation, all applicable federal and state laws, rules and regulations relating to the operation of adaptable and accessible housing for the handicapped. D. Each Affordable Unit must be affordable to and sold to households with a maximum income of 80% of Area Median Income (as defined by HUD), to an Eligible Purchaser. An Eligible Purchaser is a purchaser who satisfies the criteria set forth in the Guidelines of the HOME Program, as they now exist and may be 2001-0054/regulatory agreements amended the future. E. Upon issuance of occupancy permits for the Project, the Project will be submitted to the Massachusetts Department of Housing and Community Development (DHCD) for inclusion in the Subsidized Housing Inventory as that term is described in 760 CMR 31.04 (1). II. RESALE RESTRICTIONS and COVENANTS OF PARTIES A. DEED RIDER 1. The Deed Rider and any affordability criteria in this Agreement are covenants that run with the land in perpetuity. 2. At the time of sale of each Affordable Unit, and as a condition of the sale, the Developer and the Unit Purchaser shall execute a Deed Rider in a form acceptable to the Municipality. This Deed Rider shall be made a part of the deed from the Developer to the Unit Purchaser. 3. The Deed Rider shall require that at the time of the initial resale, and at all subsequent resales, a similar Deed Rider satisfactory in form and substance to the Municipality be executed and attached and made part of the deed from the Unit Purchaser to the Eligible Purchaser, so that the affordability of the Unit will be preserved in perpetuity. 4. The Deed Rider shall require the Unit owner at the time he/she desires to sell the Affordable Unit to notify the Municipality whereupon the Municipality, or its designate, will determine the Discounted Purchase Price by applying the Resale Multiplier, as defined below (under Affordability), to the current median income of the applicable household size. ($94,000/$34,700= 2.429) 5. Each Deed Rider shall also require the Unit Purchaser at the time he/she desires to sell the Unit to offer it to the Municipality at the Discounted Purchase Price. The Municipality or its delegate shall have the option, upon terms more particularly described in the Deed Rider, to either purchase the Affordable Unit or to find an Eligible Purchaser. B. RESALE TO OTHER THAN ELIGIBLE PURCHASER 1. If upon the initial resale or any subsequent resale of an Affordable Unit the Municipality or its delegate are unable within one hundred twenty (120) days to find an Eligible Purchaser for the Unit and the Municipality elects not to exercise its right to purchase, the Municipality or its delegate must within thirty (30) days notify at least five (5) non-profits which may have an interest in purchasing the property, of the availability of the Unit. If within an additional thirty (30) days 2 there is no non-profit willing to purchase the Unit, the Unit Owner shall then have the right to sell to any person regardless of his/her income and at any price, free of any future Resale Restriction, provided that the difference between the actual resale price and the Discounted Purchase Price for which the Municipality or an Eligible Purchaser could have purchased the Unit (the "Windfall Amount") shall be paid by the seller to the Municipality. The Municipality shall deposit all such Windfall Amounts from the sale of Affordable Units in the Municipality's Low and Moderate Income Housing Fund. C. PURCHASE BY MUNICIPALITY 1. In the event that the Municipality purchases an Affordable Unit pursuant to its right to do so contained in the Deed Rider then the Municipality shall within six (6) months of the date of registering the deed either(i) sell the Unit to an Eligible Purchaser at the same price for which it purchased the Unit plus any expenses incurred by the Municipality during this period of ownership, subject to a Deed Rider satisfactory in form and substance to the Municipality and the recording of an Eligible Purchaser Certificate satisfactory in form and substance to the Municipality the method for selecting such Eligible Purchaser to be approved by the Monitoring Agent, or (ii) rent the Affordable Unit to a person who meets the income guidelines of the HOME Program, upon terms and conditions satisfactory to the Monitoring Agent and otherwise in conformity with the requirements of the Guidelines of the HOME Program. 2. If after purchasing the Affordable Unit the Municipality fails to sell or rent the Unit within the six (6) month period described above, or if at any time after the initial rental of the Affordable Unit by the Municipality as provided herein the Affordable Unit becomes vacant and remains vacant for more than ninety (90) days, the Unit shall be transferred to the Barnstable Housing Authority for inclusion in their rental housing program. D. AFFORDABILITY 1. The Units must be sold to an Eligible Purchaser as defined by the Guidelines of the HOME Program as the Guidelines now exist and may be amended in the future. 2. The maximum sales price for an Affordable Unit at subsequent resales will be determined by applying a Resale Multiplier, established at the initial sale (2.429), to the current applicable median household income at the time of resale. This Resale Multiplier will be determined by the Municipality and will be applied to all subsequent re-sales. E. SUBSIDIZED HOUSING INVENTORY 3 1. Each Unit will remain a Subsidized Housing Unit and continue to be included in the Subsidized Housing Inventory for as long as the following three conditions are met: a) this Agreement remains in full force and effect and neither the Municipality nor the Developer are in default hereunder; b) the Project and the Unit each continue to comply with this Agreement, and with the Guidelines as the same may be amended from time to time; and c) either (i) a Deed Rider binding the then current owner of the Unit to comply with the Resale Restrictions is in full force and effect and the then current owner of the Unit is either in compliance with the terms of the Deed Rider, or the Municipality or its delegate is in the process of taking such steps as may be required to enforce the then current owner's compliance with the terms of the Deed Rider, or (ii) the Unit is owned by the Municipality and the Municipality is in compliance with the terms and conditions of this section. III. DEVELOPER'S COVENANTS AND RESPONSIBILITIES A. THE DEVELOPER HEREBY REPRESENTS, COVENANTS AND WARRANTS AS FOLLOWS: 1. The Developer: a) is a non-profit organization, duly organized under the laws of the Commonwealth of Massachusetts, and is qualified to transact business under the laws of this State, b) has the power and authority to own its properties and assets and to carry on its business as now being conducted, and c) has the full legal right, power and authority to execute and deliver this Agreement. 2. The execution and performance of this Agreement by the Developer: a) will not violate or, as applicable, has not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note, or other instrument to which the Developer is a party or by which it or the Project is bound, will not result in the creation or imposition of any prohibited encumbrance of any nature. 3. The Developer will, at the time of execution and delivery of this Agreement, have good and marketable title to the premises constituting the Project free and clear of any lien or encumbrance (subject to encumbrance created pursuant to this 4 Agreement, any loan relating to the Project the terms of which are approved by the Municipality, or other permitted encumbrances, including mortgages referred in paragraph XIII below). 4. There is no action, suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or, to the knowledge of the Developer, threatened against or affecting it, or any of its properties or rights, which, if adversely determined, would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect.its financial condition. B. SALE OF UNITS 1. Except for sales of Units to home buyers as permitted by the terms of this Agreement, Developer will not sell, transfer, lease, exchange, mortgage, or otherwise encumber the Project without the prior written consent of the Municipality. C. EMINENT DOMAIN OR DESTRUCTION OF PREMISES 1. Until such time as decisions regarding repair of damage due to fire or other casualty, or restoration after taking by eminent domain, shall be made by home buyers or the Municipality should ownership be in that entity, the Developer agrees that if the Project, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use, the Developer will use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation, and thereafter to operate the Project in accordance with the terms of this Agreement, subject to the approval of the Project's lenders, which lenders have been approved by the Municipality. D. COMPLIANCE 1. Developer hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. IV. MUNICIPALITY COVENANTS AND RESPONSIBILITIES A. The Municipality agrees that all amounts constituting Excess Profit, Windfall Amount, or any amount paid to the Municipality by the Developer or the Unit Seller pursuant to the provisions of this Agreement shall be deposited in the Municipality's Affordable Housing Fund. This Affordable Housing Fund shall be 5 an interest-bearing account used from time to time by the Municipality, for the purpose of reducing the cost of the Project's Affordable Units for Eligible Purchasers, and for the purposes of encouraging, creating, or subsidizing the construction or rehabilitation of housing for Low to Moderate Income individuals and families elsewhere in the Municipality. B. The Municipality, and any delegate to which the Municipality might assign its rights and duties under this Agreement, agrees that it will use such means as provided in this Agreement and the Deed Rider to maintain the affordability of the Units, by means of exercising the right of first refusal, or by notifying, by means more fully described above, other non-profits of the availability of a Low to Moderate Income Unit. The Municipality further agrees that it or its delegate will continue to monitor the Units annually to ascertain the status of the Unit's tenancy and compliance with all of the provisions of the Deed Restriction, and to offer to the Unit owner a referral for financial counseling or other such intervention when deemed appropriate. V. RECORDING OF AGREEMENT: Upon the execution of this Agreement, the Developer shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or, if the Project consists in whole or in part of registered land, file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the "Registry of Deeds"), and the Developer shall pay all fees and charges incurred in connection therewith. Upon recording or filling, as applicable, the Developer shall immediately transmit to the Clearinghouse and the Municipality evidence of such recording or filing including the date and instrument, book and page or registration number of the Agreement VI. GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate by written notice VIII. HOLD HARMLESS: The Developer hereby agrees to indemnify and hold harmless Municipality and/or its delegate from any and all actions or inactions by the Developer, its agents, servants or employees which result in claims made against Municipality and/or its delegate, including but not limited to awards, judgments, out-of-pocket expenses and attorney's fees necessitated by such actions. 6 IX. ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing, executed by the parties, and appended to this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGLC 184, Section 26 which shall run with the land described herein and shall be binding upon the Owner and all successors in title . This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described herein. X. TERM OF AGREEMENT 1. The term of this Agreement shall be perpetual. XI. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend, declare, and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement. B. The Developer intends, declares, and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land, encumbering the Project for the term of this Agreement, and are binding upon the Developer's successors in title, (ii) are not merely personal covenants of the Developer, and (iii) shall bind the Developer, its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. XII. DEFAULT: If any default, violation or breach by the Developer of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty (30) days after notice to the Developer thereof, then the Monitoring Agent may send notification to the 7 Municipality that the Developer is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Developer will pay all costs and expenses, including legal fees, incurred by the Monitoring Agent in enforcing this Agreement and the Developer hereby agrees that the Municipality and the Monitoring Agent will have a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such a lien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XIII. MORTGAGEE CONSENT: The Developer represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed a consent to this Agreement. IN WITNESS WHEREOF, we hereunto set our hands and seals this_day of , 2001. TOWN OF BARNSTABLE BY: JOHN C. KLIMM Town Manager THE DEVELOPER, HOUSING ASSISTANCE CORPORATION BY: FREDERIC B. PRESBREY, Executive Director 8 . TOWN OF BARNSTABLE BUILDING PERMI T APPLICATION ,. �1S �-Permit# Map ` Z, Parcel -0"C�'� F _ Health Division (mil �b UPLIAi i 445W,2- f'¢s!O �YST� 'Daflssued,� tt�b Conservation Division VA TH TIT _ Tax Collector t7 !S o frz-wi aI.5f" ENTAL CODE AE°`� QG f l i vtf N REGULATIONS `�Treasurer Planning Dept. ICANT Date Definitive Plan Approved b Planning Board ���P t PP Y 9 ING 0111111 ( Historic-OKH Preservation/Hyannis Project Street Address 8 4/1 `P A-o C Village -5 //, tt Owner Address M R f n 3, Telephone 4 3 Permit Request eA4 A,NI L \%J a Square felt: 1 st floor: existing proposed 6 2nd floor: isting proposed J 8 O Total new 13?6 Valuation Zoning District FI od PI in Groundwater Overlay Construction Type O r'�'/ Lot Size �. 3 O Grandfathered: ❑Yes O N If yes, attach supporting documentation. Dwelling Type: Single Family Two Family O Multi-Family(#units) Age of Existing Structure Historic House: O Yes ❑No On Old King's Highway: ❑Yes ❑No Basement Type: 9XII ❑Crawl O Walkout O Other Basement Finished Area(sq.ft.) `"`'- Basement Unfinished Area(sq.ft) f . Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing new 3 Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: 1A Gas 0 Oil O Electric ❑Other Central Air: ❑Yes NEW Fireplaces: Existing New. Existing wood/coal stove: ❑Yes ❑ No Detached garage:O existing ❑new size Pool:0 existing ❑new size Barn:O existing ❑new size Attached garage:0 existing- ❑new size Shed:0 existing O new size Other: Zoning Board of Appeals Authorization O Appeal# Recorded O Commercial ❑Yes ❑No If yes,site plan review# Current Use Proposed Use BUILDER INFORMATION Name C r A0,0_ &ph64 CO Telephone Number � �' Y6C, 95—,o0 Address /8 6 82 V.1 9 License# C J a O / G 06 `/-Q, ,�^ Home Improvement Contractor# Worker's Compensation# W 3 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE o FOR OFFICIAL USE ONLY t PERMIT NO. DATE ISSUED MAP/PARCEL NO. fr ADDRESS a VILLAGE OWNER i � DATE OF INSPECTION: < a FOUNDATION .f FRAME "r INSULATION FIREPLACE ' ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH _ FINAL " t FINAL BUILDING .,' i DATE CLOSED OUT '' ASSOCIATION PLAN NO. TOP FNDN. AT EL. 89.0' ACCESS COVER TO WITHIN 6" OF FIN, GRADE EL GENQ v ACCESS COVER (WATERTIGHT) TO MINIMUM .75' OF COVER OVER PRECAST WITHIN 6" OF FIN. GRADE ® PROPOSED WELL s�vy�O 2% SLOPE REQUIRED OVER SYSTEM SANDWICH 0_ 77 LOW OVER HEAD WIRES 3 RUN PIPE LEVEL 2" DOUBLE WASHED PEASTONE - ELECTRIC CABLE T.V. ,�� ' LONG 67' FOR FIRST 2' & PHONE cT PROPOSEn�4 \ �oHD GALLON 85.0 - EXISTING CONTOUR SITE LOCUS R 11s.27 EXISTING SPOT GRADE 85.07 TANK (HGAS oAFFLE 4.76' �� 84.59' 84.5' `` 2' ® SIDES PROPOSED CONTOUR '174 MASHPEE RD w�f� X PROPOSED SPOT GRADE CRUSHED STONE OR MECHANICAL 2' ^i D TEE SIZES:EPTH OF FLOW = 14" EXISTING TREES (TYP.) BARNSTABLE COMPACTION. (15.221 [2]) go 0 0 82.5 �$ �$ oQo INLET DEPTH = UTILITY POLE 10' 3/4" TO 1 1/2" DOUBLE WASHED STOi,E OUTLET DEPTH = 14' SOIL TEST HOLE SEE TEST HOLE LOG(S) O To'T (2% SLOPE) (1% SLOPE) (1% SLOPE) FOUNDATION---26.7'-----SEPTIC TANK 5.4' - D-BOX 8.3' LEACHING FACILITY 5.4' ED PROPOSED SEPTIC TANK SYSTEM PROFILE PROPOSED LEACH FIELD LOCUS MAP (NOT TO SCALE) SCALE 1" = 2083' JOT LLI_ S'rMBOI_S M;Y APPEAR IN DRAWING 77.1 ' ASSESSORS MAP: 012 PARCEL: 006 DEPTH(IN.) TH1 ELEVATION (FT.) DEPTH (IN.) TH2 ELEVATION (FT.) ZONING DISTRICT' 0. - 87.10 0' 88.50 RF WOOD LOAN WOOD L YARD SETBACKS:* �. 7.5 YR 7/ 86.85 4- 7.5 YR 7OA 3 E E 88,17 FRONT = 30' I MEDIUM SANS MEDIUM SAND SIDE = 15' \ f \ 10 YR 6/:: 10 YR 6 2 \ \ \ o B REAR = 15 CIO \ 88.00 \ I 1 LOAMY SAN LOAMY SAND PLAN REF: BOOK 430 PAGE 60 I 30 10 YR 5/Y 10 YR 5/8 C 84.60 36 85.50 FLOOD ZONE: C C \ - - MED COARSE -AND MED COARSE SAND GROUNDWATER OVERLAY DISTRICT: GP 2.5 YR 6/1 2.5 YR 6/4 1.0 A J I 120� 77.10 120' 78.50 ® OT �F/1- I � � VERIFY WITH TOWN OFFICIALS EA = 43 3 1 AC NO WATER ENCOUNTERED NO WATER ENCOUNTERED SOIL CLASS: I SOIL CLASS: I PERC RATE: <2 ,LAIN./INCH PERC RATE: <2 MIN./INCH V r 7T')t? Pcor. BOTTOM PERC: 50" O co 1� DATE: FEE 1, 2001 DATE: FEB 1, 2001 0) 1 \ \ ENGINEER: ARN= OJALA, P.E., P.L.S. ENGINEER: ARNE OJALA, P.E., P.L.S. ( (DOWN CAPE ENGINEERING) (DOWN CAPE ENGINEERING) NOTES: I I \ WITNESS: GLEA HARRINGTON, M.D. WITNESS: GLEN HARRINGTON, H.D. 1 . THE LOCATION OF EXISTING UNDERGROUND UTILITIES SHOWN ON \ \ EXCAVATOR: WRT EXCAVATOR: WRT THIS PLAN IS APPROXIMATE. PRIOR TO ANY EXCAVATION ON THIS TEST HOLE LOGS SITE, THE EXCAVATING CONTRACTOR SHALL MAKE THE REQUIRED 72 \ ` (NOT TO SCALE) HOUR NOTIFICATION TO DIG SAFE (1 -888-344-7233) AND ANY OTHER UTILITIES WHICH MAY HAVE CABLE, PIPE, OR EQUIPMENT \ IN THE CONSTRUCTION AREA FOR VERIFICATION OF LOCATIONS. V A 2. MUNICIPAL WATER IS UNAVAILABLE. 57• OpOS SEP-IC DESIGN: (GARBAGE DISPOSER IS NOT ALLOWED 3. ALL SEPTIC WORK AND MATERIALS TO CONFORM TO 310 CMR \/ 330 15.00 TITLE 5 AND BARNSTABLE HEALTH REGULATIONS.89 \ \ \ DESI ',N FLOW: 3- BEDROOMS ( 1 10 GPD) - GPD� 4. MINIMUM PIPE PITCH TO BE 1/8 PER FOOT. TF E� --------- USE A 330 GPD DESIGN FLOW 5. DESIGN LOADING FOR ALL PRECAST UNITS TO BE AASHO H-10. NTH DRI)9E \ ` ��? SEP-? C TANK: 330 GPD ( 2 ) = 660 6. PIPE JOINTS TO BE MADE WATERTIGHT. � 61.6' .F- / \ \ USE A 1500- GALLON SEPTIC TANK 7. WATER TEST D-BOX FOR LEVELNESS. - 8. THIS PLAN IS FOR PROPOSED WORK ONLY AND NOT TO BE LEACHING: USED FOR LOT LINE STAKING. o \' � � 2(30 + 9.83)2 (.74) N SIDES: = 118 9. PIPE FOR SEPTIC SYSTEM TO BE SCH. 40-4" PVC. 4� 25.2' / / i_; `� BEN H A K - TA1SF� & TACK BOTH OM: 30 x 9.83 (.74) = 21 g 10. COMPONENTS NOT TO BE BACKFILLED OR CONCEALED WITHOUT E NATION 13 INSPECTION BY BOARD OF HEALTH AND PERMISSION OBTAINED TOTAL: 454 S.F. 336 GPDoil FROM BOARD OF HEALTH. n1sK (� \ USE (4) H-20 HIGH CAPACITY INFILTRATORS WITH 11 . NO VEHICLES OR CONSTRUCTION EQUIPMENT ALLOWED OVER PROPOSED SYSTEM. J 3.5' STONE AT SIDES, 2.5' AT ENDS AND 14" UNDER -s )0 12. VERTICAL DATUM APPROXIMATED FROM QUAD O 1 1 8 Cn TITLE 5 SITE PLAN off 508 fox 08-362-4541 362-9880 OF o-T -, WAKEBY ROAD A -7 ( IN THE TOWN OF: down cape engineering, Inc. ( MARSTONS MILLSj BARNSTABLE Trn� �T w*t CIVIL ENGINEERS PREPARED FOR: rreARNE �Pyur N y � AfiNE "� 40' LAND SURVEYORS HOUSING ASSISTANCE CORPORATION IVL H. i 939 main st. yarmouth, ma 02675 40 0 40 80 120 Feet CIVIL o OJALA 02, J 6's113 / BOARD OF HEALTH is 7 G/ MA 1" = 40' FEBRUARY 7 1 SCALE: DATE: 200 ^"' - n I^I ^ _ neTF APPROVED DATE '