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Home My WebLink About0936 WAKEBY ROAD �� W��6 �.-� 0 �e � � �— . _. �. ,__� . . q n 6 Ca c.t e aL �/ l v�..0✓ r. -y f • t. i 5 t f' e C L' • F. t �ttio Town of Barnstable Building Department - 200 Main Street �a * STAB * Hyannis, MA 02601 M" �' (508) 862-4038 ' ' fOccupancyCertificate o. . Application 88290 CO Number: 20060008 Parcel ID: 012006 CO Issue Date: 05104/06 Location: 936-WAKE-B-Y—ROAD Z" Zoning Classification: RESIDENCE F DISTRICT Owner: HOUSING ASSISTANCE CORP Proposed Use: 460 WEST MAIN 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 U.S. Postal ServiceTt., - CERTIFIED MAILTM RECEIPT (Domesti 'Mdil,'Only;1Nb lnsurance,Coverage,Provide( IFo�,delivery,information,visit our,website aat www.usps.com' 1 i � t PS Form 3800,June 2002 See Reversefor.lnsiructions Certified Mail Provides:■ A mailing receipt (asia^B u!)zooz eunr'oose w1od Sd ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail® ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. TOWN OF B SFAUf R IL E"TP LICA tC Map C1� �I Parce�� !J , °T I Permit# � -6i 0 Health Division 05� Date Issued �, 6 S p Conservation Division ° A�.?a Application Fee 16 0• Tax Collector ,.� .-, .,�� -� �� ' Permit Fee 11 G O f Treasurer ��P��`C�L �� Planning Dept. Date Definitive Plan Approved by Planning Board 4e pa �d S&V&YL- Historic-OKH Preservation/Hyannis /Va R-Ow OPT rVIA0% Project Street Address �0T 1 9 3(P W we A41 LL Village VVU5rew5 (/VI,�t1S 11 9 Owner ADVSIA ►Acc,sm-titE Cat2PoaAV9d Address 9U0 Or-cr MAI►J craR.fcr Ajtu is MA Telephone 503-T-+1- 5 L10o Permit Request S 1 to(,c 19, K L L 1 0 f, (19,',&fkVCr10v4 1 Square feet: 1 st floor: existing proposed 8l(0 2nd floor: existing proposed Total ew Zoning District Flood Plain N Groundwater Overlay ry y" Project Valuation 1 1io Construction Type wovD-FRS E - ,r Lot Size I el A C121LS Grandfathered: ❑Yes *No If yes, attach supporting doc entation. Dwelling Type: Single Family j Two Family O Multi-Family(#units) Age of Existing Structure N Historic House: ❑Yes *o On Old King's Highway: ❑Yes kNo Basement Type: gFull ❑Crawl ❑Walkout O Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) gl Number of Baths: Full: existing new 1 Half: existing new I Number of Bedrooms: existing new 3 Total Room Count(not including baths): existing new First Floor Room Count q Heat Type and Fuel: *Gas ❑Oil ❑ Electric 0 Other Central Air: O Yes gNo Fireplaces: Existing New '0 Existing wood/coal stove: O Yes XNo Detached garage:O existing ❑new sized Pool:O existing O new size O Barn:❑existing ❑new size Attached garage:O existing ❑new size Shed:O existing ❑new size O Other: 4 A Zoning Board of Appeals Authorization ❑ Appeal# Recorded O Commercial ❑Yes ❑ No If yes,site plan review# Current Use V b4),sT LA-OD Proposed Use &C BUILDER INFORMATION Name ' Loma S014S a I►J(. Telephone Number 54- 4-41" Address qoo FALmovTH 6ZD License# 6yT+1 a UNIT Z03-A Home Improvement Contractor# 02(P49--Z T.V -Worker's Compensation# Wt- LI S- 3 3 1(q S2_ 81 ALL CONSTRUCTION7RIS RESUL ING FROM THIS P OJ T WILL BE TAKEN TO ?%0* <AP)TA7J 9 / SIGNATURE DATE 1°I �� 10 s —T FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED MAP/PARCEL NO. AD,DRESS_,. VILLAGE k OWNER DATE OF INSPECTION: ° FOUNDATION K 'Z3 Ofc I` FRAME �34 I C)OiAi3, srt E4(IN.0 �Zr INSULATION FIREPLAACE ELECTRICAL: ROUGH FINAL PLOMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING �00'ATE CLOSED OUT VASSOCIATION PLAN NO. `ppfNEfp��pw The Town of Barnstable BARE.MASS. Department of Health Safetyand Environmental Services 9 � i639. �0 �FOMp�a Building Division 200 Main Street,Hyannis,MA 02601 ki Office: 508-862-4038 C_ f 2 Fax: 508-790-6230 C r r7 2 l C� l� v ` Inspection Correction Notice Type of Inspection Location l 3 w A-�L-T' G l'C )Permit Number '.. A Owner Builder L �"` One notice to remain on job site,one notice on file in Building Department. The following items need correcting: ( z ) /U v sz r c og l i max- C� w�i_t-- Please call: 508-8622-744- for re-inspecti-n. Inspected by JV � Date Affidavit of Substantial Financial Interest of 4�evs�a� ►4u�s rcri Co1zp1DP-JWid4 , on oath depose and state as follows:. 1. 1 am an applicant for a building permit for the property located at Map l�. , Parcel The address of the property is c Ito wW _ p 2. 1 have I o o % 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 to]I- o S , the following individuals or entities have had a 1% or greater legal or equitable interest in the real property which is the subject of the building permit application which is identified in paragraph 1 above: Name Address }�ovSip(� MCI W IC Co1Mi24'1 O . '40 QFX 1 mi Lrf2crtr '14 i�is� M/4 o2(.01. 4. Within the last twelve months, from today's date, which is 1 0 S I have had a 1% or greater legal or equitable interest in the following properties which have been the subject of a building permit application: Map/Parcel Address L 4 1a- 64-606 4L LJWC 4 (U. Lr y la 00t,-003 HO GALIA"IE(R W. LO-r GAUA6'tU 1,4 Lc7 3 S ia� oo(p`bo � 3� " �, la Lug ooio-oea - 35 r ., lo7 a i a o�o-o0 1 ►s 5. Within this calendar year, I have submitted --f> _ 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 building permit applications for property in which I have a 1% legal or equitable interest. 8. Within this month, I have received building permits for property in which I have a 1% legal or equitable interest: - Signed under the pains and penalties of perju , this 1 � day of 0ab6FP, , 2005. 40 2001-0050/affin RESIDENTIAL BUELDING PERMIT FEES APPLICATION FEE , New Buildings $100.00 Residential Addition $50.00 Alterations/Renovations $50.00 Building Permit Amendment $25.00 FEE VALUE WORKSHEET NEW LPONG SPACE LI 4x , b square feet x$96/sq.foot ` G X 1 plus from below(if applicable) ALTERATIONS/RENOVATIONS OF EXISTING SPACE square feet x$64/sq.foot= x.0041= plus frombelow(if applicable) GARAGES(attached&detached) square feet x$32/sq.ft. ACCESSORY STRUCTURE>120.sq.ft. >120 sf-500 sf $35.00 NA >500 sf-750 sf 50.00 >750 sf- 1000 sf 7 00 • >1000 sf- 1500 sf 100.00 >1500 sf-Same as new building permit: _ square feet x$96/sq.foot= x.00 S T AND ALONE PER MUS Open Porch x$30.00= (number) • I x$30.00 Deck (number) . • F ireplace/Chimney • (number)x$25.00= Inground Swimming Pool $60.00 Above Ground Swimming Pool $25.00 Relocation/Moving $150.00 (plus above if applicable) Permit Fee -T':4/2-�-7' Projcost 03o Rev:063004 1 G Town of Barnstable Regulatory Services rrsrnstE. Thomas F.Geiler,Director 169. Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder i /— l U�� CST as Owner of the subject property Gc !-0W to act on my behalf, hereby authorized in all matters relative to.work authorized by this building permit application for: aot1. (Address of ob) Signature f Owner Date 1Aasbni Exac bi-t-- Print Name Q:FORMS:O WNERPERMISSION r 4 ✓he 'f�o��v�naruueaUlt ��¢CidUOQQ� BOARD OF Bk11LDING REGULATIONS r License: CgNST-RUCTION SUPERVISOR Nurnbet::::CS$ 047742 Birthdate gt/22-0,968 Explf 61d22/2006 Tr.no: 16343 '� Restricted;:00_;: : '• WESLEY A LOHR 186 GREAT PINES bR. MASHPEE, MA 02649' Actlng o 'riiiss 'ner i FROM Kenneth Sadler Associates PHONE NO. 508 790 3118 Aug. 19 2005 07:28AM P1 L jA LA)4 C Permit Number M ECcheck Compliance Report checked By/Dal, Massachusetts Energy Code N(ECcheck Software Version 3.4 Release 1 Data filename:HAC,A¢1353A.mck TC17..E:Three Bedroom Raised Cape CITY:Barnstable SLATE:Massachusetts BDD:6137 CONSTRUCTION TYPE,: 1 or 2 Family,Detacied HEATING SYSTEM TYPES:Other(Non-Electric Resistance) DATE:09/18105 DATE OF PLANS:2/5/05 PROJECT'INFORMATION: Bossing Assistance Corp COMPANY INFORMATION: Kenneth Sadler Associates P.O.Box 1149 Hyannis MA 02601 9)8.7903922 CSM9020 COMPLIANCE: Passes Mammum UA=253 Your Home=230 9.1%Better TTtau Code Gross Glazing Area or Cavity Cont or Door P- erinWa R-Value R-Value U-1ddur uA Cling 1: Plat Ceiling or Scissor Truss 530 30.0 0.0 19 Ceiling 2:Cathedral Ceiling(no attic) 330 30.0 0.0 11 Wall 1:Wood Flame. 16"o.c. 284 13.0 0.0 19 Wall 2:Wood Frame,16"o.c. 359 13.0 0.0 28 Wall 3:Wood Frame, 16"o.c. 539 13.0 0.0 39 Wall 4:Wood Frame,16"o.c. 359 13.0 0.0 27 Window 1:Wood Ra�me0ouble Pane with Low-E 28 0.340 10 Window 2:Wood fTamae:Double Pane with Low-EJ 21 0.340 7 Window 3:Vinyl Frmnc:Doublc Pane with Low-E 46 03Q 16 Window 4:Wood Framc:Double Pane with Low-E 28 0.340 10 Door 1:Solid 20 0,140 3 FROM : Kenneth Sadler Associates PHONE NO. : 508 790 3118 Aug. 19 2005 07:28AM P2 Door 2:Solid 20 0.140 3 door 1:All-Wood JoisLrl'russ:Uver Unconditional Spam 816 19.0 0.0 38 03MP'I1ANC'F STATF.MFNT: The proposed building design described here is oonsistent with the building plans, specifications,and other calculations submitted with the permit application. The proposed buWding has been designed to meet the Massachusetts 1nc,7gy Code rcqudrements in MFCxheck Version 3.4 Release 1 and to comply with the mandatory requirements listed in the MLCcheck Inspection Checklist. 'flee hung 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 M%of the design load as speed in Sections 78OCMR 1310 and J4.4. FROM : Kenneth Sadler Associates PHONE NO. 508 790 3118 Aug. 19 2005 07:29AM P3 I' MECcheck Inspection Checklist Massachusetts Energy Code MECcheck Software Version 3.4 Release 1 DATE:08/18105 TITLE:Three Bedroom Raised C qx Bldg. I Dept, Use I I I Ceilings: [ ] I 1. Cciling 1: Flat Ceiling or Scissor Truss.R 30.0 cavity insulation I Comments: [ ) I 2. (`.i-if 2- Qk Ong - thadral Ceiling(no attic),R-30.0 cavity insulation I Comments: i I I Above-Grade Walls: I. Wall 1: Wood Frame, 16"o.c.,R-13.0 cavity insulation I Commncxtts: [ ] I 2. Wall 2:Wood Frame, 16"o.o.,R-13.0 cavity insulation I Comments: [ ] 1 3. Wall 3: Wood Frame, 16"ex-R-13.0 cavity insulation I Comments: [ ] 1 4. Wall 4: Wood Frame, 16"o_c.,R-13.0 cavity insulation I Comments: I I Doors: [ ] I 1. Door 1: Solid,U-factor.0.140 1 Comments. [ ] I 2. Door 2: Solid,U-factor.0.140 0 r 1 I Inintn n-metrafinnc anti all nthrr mi h cax'annae iim the hnildi-no enveltme that Are srnlrmq of air I 1, Type IC rated,manufactured with no penetx'ations betwetm 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 I Vapor Retarder: [ ] I Required on the warm-in-winter side of all non-vented firmed ceilings,walls,and floor. I Materials Identification: [ ] I Materials and equipment must be identified so that complia=can be determined. FROM : Kenneth Sadler Associates PHONE NO. : 508 790 3118 Aug. 19 2005 07:29AM P4 [ ] I Manufacturer manuals for all installed heating and cooling equipment and service water heating I equipment mast be provided. ( ] I InMation R-values and glazing U-factors mast be clearly marked on the building plans or specifications. I Duct Insulation: [ ] I Duds shall he 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 trdnsport air,shall be sealed I using mastic and fibrous backing tape installed according to the manafacturces installation I instructions. Mesh tape may be omitted where gaps arc less than 118 inch. DW tape is not permitted. ( J I The HVAC system must provide a means for balancing air and water systems. I I Temperature Controls: [ ] I Thermostats arc 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 I I Heating and Cooling Equipment Sizing: ( ] 1 Rated output capacity of the heating/cooling system is not greater than 125%of the design load as specified in Sections 780CU R 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% I of the heating energy is from non-depldablc somas_ Pool pinups require a time clock. I Heating and Cooling Piping Insulation: [ ] I HVAC piping conveying fluids above 120 OF or chilled fluids below 55°F must be insulated to the I levels in Table 2. FROM : Kenneth Sadler Associates PHONE NO. : 508 790 311e Aug. 19 2005 07:30AM P5 . r Table]: Minimum Insulation Thickness for Circulating Hot Water Pipes. lnsu4ation'1'hickness in Inches by Pipe Sizes Healed Water Non-Circulating_Ranoats Circulatine Mains and Rt outs Temperature(l') Uv to i" IJn to 12.5" 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 10D-130 0.5 0.5 0.5 1.0 Table 2: Minimum Insulation Thickness for HVAC Pipes. Fluid Temp. Insulation Thickness in lxwfim by Pipe Sizes D&g 53ystem Types lime(F), 2"Ranouts 1"and Less 125"to 2" .5"to 4" Besting 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 few 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 FESLD(Building I gmtrteut Use Only) O 0 OF BAR ASTABLE I \ q .BUILDING PERMIT PARCEL ID 0 a.2.,006 GEOBASE ID ADDRESS 936 WAKEBY ROAD . RHONE MARST09S MILLS ZIP LOT 1 BLOCK LOT -SIZE- DBA DEVELOPMENT DISTRICT CO PERMIT 88290 DESCRIPTION SINGLE FAMILY 3 BDRM DWELLING PERMIT. TYPE BUILD TITLE NEW RESIDENTIAL BLDG PMT CONTP,ACT-O.RS: LOHR CONSTRUCTION Department of ARCHITECTS: Regulatory Services TOTAL F$FS: $718.83 BOND $.00 pfr " ' CONSTIRUCTT,ON COSTS $143,616.00 101 SINGLE FAM HOME DETACHED 1 PRIVATE 1 :OT'_ • BARN3fABLE, • MASS. 039. BUILDING DIVISION ' BY DATE. ISSUED 11/09/2005 EXPTRATTON DATE 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 t:YEY G9ADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OFTHIS PERMIT DOTS NOT'RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUIai OF!'-OUR CALL INSPECTIONS REQUIRED FORf.L'—C:'?NSTRUCTIONWORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE .1.F0UI`.i1 ,T;ONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR O COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND MECH- (REAL`-YTO tATH), PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSUiAI'ION..• OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. I F"If.-_NSPECTION BEFORE OCCUPANCY. I Elk" BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS "• $mow.��l b o b ► 1 (J'% G5 o Tjfj 2 , f 2 3f -3), a� 3_ 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 v3 J6 O� BOAR OFHEALTH3&qtI - + obU - Lt OTHER: ` SITE PLAN REVIEW APPROVAL • I WORK SHA-L NOT PROCEED UNTIL PERMIT WILL..BECOME ULL AND VOID IF CON- INSPECTIONS INDICATED ON Th. THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED,.AS TELEPHONE OR WRITTEN NOTIFICA- TION. ... .... NOTED AEOVE• flON ��... .B. UlL,DING PER .MIT . . . x , r, U.S. Postal Service,. CERTIFIED MAIL. RECEIPT Er Ln (Domestic Mail Only;No Insurance Coverage Provided) ru -- For delivery information visit our website at vvww.usps.comj) ca ru OF I ru -n Postage $ Sd ru Certified Fee C3 E3 C3 etum Receipt Fee Hdre(Endorsement Required) > M -Restrict6d Delivery Fee r-q (Endorsement Required) Lr) ru Total Postage&Fees $ /NN C3 Sent To C3 UhWif-Ajif-Wd------------------------------------------------------------------------- Iti or PO Box No. W-biiii,.yi ...............................................i..................... PS Form 3800,June 2002 See Reverse for Instructions Certified Mail Provides: esiene}�)ZppZeunp ppgeuuo�sd ■ A mailing receipt - • ■ A unique Identifier for your maiipiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: w%Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is notavailable for a6y class of International mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. • For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811 to the article and add applicable postage to cover the fee.Endorse mailpiece'Return Receipt Requested".To receive a fee:kaiverfor a duplicate return receipt,a USPSe postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the malipiece with the endorsement"Restricted-Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. t COMPLETE • ■ Complete items 1,2,and 3.Also complete A.Mre item 4 if Restricted Delivery Is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received�d by(Printed Name) C Date Delivery ■ Attach this card to the back of the mailpiece, l__. F or on.the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: _ If YES,enter delivery address below: ❑No 3. Service Type ; Perti ied Mail ❑Express Mail bay ❑Registered )9,@etum Receipt for Merchandise, ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (rramsfer ftai serv/ce label) _ ,7 0 0 4 ; 2510...0.002 . 622.8 .2597 !� PS Form 3811,February 2004 Domestic Return Receipt. r r f f ' f 102595-02-M-1540 1 UNITED STATES Rft AD. i-A 02S. " p • Sender: Please print your name, address, and ZIP+4 in this box • TOw2 OF BARNSTABLE BUILDING DFWSION 200 AWN ST. xYaNNrS,MA 02601 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. rii .yure. a. item 4 if Restricted Delivery is desired. {�� 4❑Agent ■ Print your name and address on the reverse X / ❑Addressee so that we can return the card to you. "B`Received by(Punted Name) C. D f7ry ■ Attach this card to the back of the mailpiece, Received or on the front if space permits. D.',ls delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES, delivery address below: ❑ No C;n A 3. Service Type ( J „R�6ertified Mail ❑ Express Mail ❑ Registered Return Receipt for Merchandise to ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service Zabel) 7004 -2 510. 0002 6228 2795 PS Form 3811,'Au66st not''` ... Domestic Return Receipi... ''`t''' ' ``` ` 102595-02-M-1540 • ua�y UNITED STA1 ii:aF,�" •fee. Sender: Please print your name, address, and ZIP- +4in this box •' TOWN OF BARNSTABLE BUILDING DIVISION 200 MAIN ST. HYANNIS,MA 02601 I��iiF!.Ffi'�!11!ii.11f!?tlt�ilj.!71�'�lFf�ff!!!ff?IIIlF!llf!!l��,!I!I �o�tHE Tof Town of Barnstable Barnstable Regulatory Services All-America City * BARNSTABLE, + v Muss. Thomas F. Geiler,Director �Ar 1639• A�� 200 Main Street FD MAy Hyannis,MA 02601 2007 www.town.barnstable.ma.us Telephone: 508-862-4672 Fax: 508-778-2412 August 24, 2009 Trial Court of the Commonwealth District Court Department, Barnstable Division Attn: Magistrate Powers Barnstable, MA 02630 RE: Candace McKeone BAR#76231/76232 Dear Magistrate Powers: Please see attached payment records which show that Candace McKeone's payments were received by this office on 7/30/2009 for BAR#76231 & 76232 She is scheduled for a Show Cause Hearing on 10/02/2009. If you have any questions please contact me at 508-862-4772. Re 'tfully, 7, Tracey L. Smith Administrative sistant . to the Director Attachement Cc: Kathy Sciavo, BPD / Robin Anderson, Building Div. ✓' Violation History AcctNo 24671. McKeone Candace 08-24-2009 936 Wakeby Rd Marstons Mills Isgue Date BAR No Fine Date Paid Amt Paid D M Total Due Notice2 Final Hearin E ArraijZn Offense 08-23-2006 72607 300..00 Cleared 0.00 06-1.5-2007 09-29-2008 Operating landscape business in residential zone 05-21-2007 76158 1.00.00 08-10-2007 100.00 Paid 0.00 06-26-2007 07-27-2007 Operating landscape business in singe family zone. 05-21-2007 76159 100.00 08-10-2007 100.00 Paid 0.00 06-26-2007 07-27-2007 Operating landscape business in single family zone. 05-21-2007 76160 1,00.00 08-10-2007 1.00.00 Paid 0.00 06-26-2007 07-27-2007 Operating landscape business in single famiiy zone. 04-22-2009 76227 100.00 07-14-2009 100.00 Paid 0.00 05-27-2009 06-29-2009 `Operating landscape business in single family zone 04-22-2009 76228 1.00.00 07-20-2009 100.00 Paid 0.00 05-27-2009 06-29-2009 Operating a landscape business in single family zone 04-22-2009 76229 100.00 07-08-2009 100.00 Paid 0.00 05-27-2009 06-29-2009 Operating landscape business in single family • r — zone 04-23-2009 76231 100.00 07-30-2009 100.00 Paid 0.00 05-27-2009 06-29-2009 Opei°hting landscape business in single family zone 04-23-2009 76232 100.00 07-30-2009 100.00 Paid 0.00 05-27-2009 06-29-2009 Operating landscape business in single family zone 1,100.00, 800.00 0.00 POST c yggtgp- •Ulf�ya.��fr `Y' �} �y #.X • A-ts �-/ I IN:9110 VF: 0 2 IA $,05.490 t � p OOOg6,0623 ax 5s J8 .APR 24 2009 A $� , ,i_ 7pO3 311� �� 5877 2396 � s MAILED FROMZIPCODE 02601 g. fi, .p \ (saa *hz�} h_ yXA �ti. f1 .! #X• may. 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' RETURN TO S NDMR UNCLAZMED 6 »!, � � I`E i"5 y, .� h F ,•�C" d x,�. a UN AD LS TO -OW4W�® •�"� ,t�£ts ,� '� t ��-;�d 'ryas,); I. - . )1)Ili)1)11)11)71)))1)))1ij))) 1111 -:�tr .�•fi:" �,tk �- �,. �.��51:�'��+�t:S�#�3�.'°�.'_ ��"�� .'�� r't� �>r•�� "�y e`.G`r y,.. e I Jt?r3� y` �:' `' 1 ti x Y yc�'�_ 1 { -4 .� .[1 ,'�� k �'�. _�T..'•t i�-�k t` y# �i��a n`�4` Y �' �3 IP°"9 _ T,•dii', :v r.§ ,t: x�€"'r`3. r�---s€ �s':��a w 5 x M+ , �3F I— __.._.-------=-- ----- "n pro a�'�t:. -.�•.�:. 4I I NAME OF OFFENDER to / n/�G BAR 76231 TOWN OF ADDRESS OF OFFENDS l I;. L 1. rt BARNSTABLE CITY,STATE.ZIP COD M / L r a OY > 5 t' THE rD� MV/MB REGISTRATION NUMBER w IJ • OFF E k in IIANNSTARI.E. �,/ (' f O /' ►� 1b70 .`°g L. t Ie� irk 4n e � ( i / C.' a J C J LU LU > TI DATE LAT N 0 VIOL TIO W J I� NOTICE OF i P.M.)ON - ,20 0 e,6 g4Ca VIOLATION SIG AT OF ENEOR I RS EN G O�PT t BAOGE N0. rW ' o OF TOWN I HERS CKNOWLEDGE RECEIPT OF CITATION X Q ORDINANCE ['}Unable to obtains' natur of ender. f-U �— THE NONCRIMINAL FINE FOR THIS OFFENSE IS S z Date mailed Z Ld I OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. to " REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, W C f I before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, -J! (;I Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2 Uyou desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST NSTABLE DIVISION,COURT COMPOUND,MAIN STREET 9ARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this _ t citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be Issued against you. " 'i ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ - Signature ----- ._. NAME OF OFFENDER BAR 76232 TOWN OFLA ADDRESS OF OFFENDER u BARNSTABLE CITY,STATE.ZIP CODE ( r S THE r , lJ MV/MB REGISTRATION NUMBEA ' '' 1 z , Y IIANSXI'ANLE. i OFFS /In`'I1 - /�1' Ze/ 0- MASS. d ' �.J L `)'/ � � j E D DATE OF VI LATI L TI OF VIO TI0 Uj Z I ' - NOTICE OF I ( ./ P. ON .20 (� kS1 A E ENFQRCING E SON f0 1 G DEPT BADGE N0. N y VIOLATION — _ (►itll l(` CDC OF TOWN ~ 11, � I H Y ACKNOWLEDGE RECEIPT OF CITATION X CL ORDINANCE Unable to obtain s" nature t t der. 9� ��UP' THE NONCRIMINAL FINE FOR THIS OFFENSE IS S (f$ Date mailed LU i OR YOU HAVE THE FOLLO ING ALTE NATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL 5 DISPOSITION WITH NO RESULTING CRIMINAL RECORD. N ,y < REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w ' s before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, —j ! - Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. CL = i � L UNSTABLE you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST I ; I. BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET 9ARNSTABLE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a copy of this v, r citation for a hearing. i (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the ` hearing to be due,criminal complaint may be issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ y Signature 1 NAME OF OFFENDE ( '' ` TOWN OF �G 6� �- BAR 76227 i , , ' r .Y , ...;�•; ADDRESS OF OFFENDS ,.•� ` . 1 tn„1 1.• � CITY.STATE.ZIP CODE :J{t/O BARNSTABLE plf T tQy, - / �') �� i f '3dO13AN3 IV3S'013dVi 133d 3SV31d ;I �� _ _ / MV/MB REGISTRATION NUMBER = 7 i 7 OFFENSE ¢ 11AH ASS. e. ¢ x W O v EO 'I u N a m m Lu 8 — j w$ TIME AND DATE OF 0 Cam, r � = 0 OF IOLATIO W r m m NOTICE OF (A. ./ P.M.)ON ��/(/ )/y/�� UJI o t 0 a u SIG T E ENFOR ON cc VIOLATION EN �P� I `^ 1 BADGE NO. y O LU N Z U.0O� a OF TOWN I HE ACKNOWLEDGE RECEIPT OF CITATION X LU w mo ~° ° ORDINANCE unable to obtain sig ature of offen r. r aI I L` "� `� THE NONCRIMINAL FINE FOR THIS OFFENSE IS t Date mailed S (jD lIZ3 O ¢o OR �v w I o E m 'o _ YOU HAVE THE FOLLOWING ALTERNATIVES W rH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL LLJ �C c 00 c m E i DISPOSITION WITH NO RESULTING CRIMINAL RECORD. W REGULATION a .c D z° = 5 i (1)You may elect to pay the above fine,either b a t y ppeadng In person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w I i Li o `m Cr o o c jI before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, ,� w W aE =N m` II Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. „ 1 c � w v ¢ i I �2)If you desire to contest this matter in a noncriminal proceeding you mayy do so by making written request to DISTRICT COURT DEPARTMENT,FIRST W O ;c O n RNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,'BARNSTABLE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a co of this c m Q W m E _ citation for a hearing. 9 copy ` m cW_> E o ;� (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the ' ��lllllJJJ d N m Z T 'I hearing to be due,criminal complaint may be issued against you. _� �J w v x .0Cb yW( o w ws E�y ��s` 0 o i OF TOWN UJ W o =o }o€ �¢ _ I HE ACKNOWLEDGE RECEIPT OF CITATION X a ! i;• _ ( i Z 4 o - _ oo tea= �L ❑ N I ORDINANCE Unable to obtain si nature.oi oite.ger. THE NONCRIMINAL FINE FOR THIS OFFENSE IS f Date mailed �Z' �U — w W Z I OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL - j 7 `' LL m .•°F 6°0 Li Z U DISPOSITION WITH NO RESULTING CRIMINAL RECORD. N `I Q cj` <�p r LU O Z Z - REGULATION t You may elect to a the above fine,either b a earin in person between 8:30 A.M.end 4:00 P.M.,Monde throw h Frida,le al holida s excepted, a i r z to `te a W Q Q I t ) Y pay Y appearing 9 Y g f Lu ' i z < J before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or posta note to Barnstable Clerk,P.O.Box 2430, 2 ? U Q O Z + I Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. , O Q ��ag,- ►� O O W OC W (2)If you desire to contest this matter in a noncriminal proceedin,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST ILL O O O RNSTABLE DIVISION,COURT COMPOUND,MAIN STREE ,BARNSTABLE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a copy of lhlsV— M --- --'� citation for il hearing.(3)If you tail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the ! _ hearing to be due,criminal complaint may be issued against you. i ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ j J, NAME OF OFFENDER /' ) n U�, BAR 76232 TOWN OF ADDRESS OF OFFENDER /� ^ BARNSTABLE CITY,STATE,ZIP CODE / _/(/► W j r hs �11W► IIAN u:.g OFFEN5� )!' µ., �� /VS� �I.-Gt. �G'4 l�i .i� �• !' /n' 14 w i 'i'� ) • �P�I d i6yP �p / O Uj TIME A 0 OATE OF VI LATION LOCATION OF VIOLATION Z NOTICE OF / t 4A. ./ LU P.M)ON - 20 r` ,�j i�-At_. , � / � VIOLATION SI�GNA U�NEOFENFURCING;PE SON aNr-0RENGDEPT , ✓ BADGE NO. N o OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X ` LU a ORDINANCE unable to obtain signature of oft nder. ) THE NONCRIMINAL FINE FOR THIS OFFENSE IS Date mailed u, LU OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL 0- DISPOSITION WITH NO RESULTING CRIMINAL RECORD. W REGULATION a (1)You may elect to pay the above fine,either by appearingg in person between mailing8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w H fore:The Barnstable W CHIN 200 Main ONE(21 DAYS OF 02601,or 7E OF THIS NOTICE.money order or postal note to Barnstable Cterk,P.O.Box 2430, ((2))If you des CL ire to contest this matter in a noncriminal proceeding,yyou mayy do so by making written request to DISTRICT COURT DEPARTMENT FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of b I Signature i NAME OF OFFENDER/'y��• �r�� - Inc/ f, r��! BAR 76231 TOWN OF ADDRESS OFOFFENOE ' j 11 BARNSTABLE CITY,STATE,ZIP CODE ( f J1 �/ to 7NE► MV/MB REGISTRATION NUMBER r HA X IAbASPII:. OF SEA 1 .i n t r _ ,1 L�1YI �...la✓I W S �� 'f GI , I L �J t , a 1!�) �r r c �6y9•�� W ' T M DATE A (OLATION" 0 ON .VIOL TIO / Z NOTICE OF / J J ' /.-(A. ./ P.M.)ON 'c -.Z 200 , d!�? �� rl . f�11Y1 SIGNA�Jffl OF�IFORCLU DV RS,OlJ ENFOjI NG OE7 1 _ r� BADGE NO. W VIOLATION , -- r ? . to 0 OF TOWN �-- I— I HE�BY-ACKNOWLEDGE RECEIPT OF CITATION X Q ORDINANCE. ©'Unable to obtain s•'gnature of (fender. ,.� ,©P THE NONCRIMINAL FINE FOR THIS OFFENSE IS E I� W Date mailed w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION 1 You ma elect to a1. the above fine,either b Q ( ) y p y y appearingA in person beytween mailing 8:3o A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w Hyannis,MA 02601 WITHIN,200 Main (2H)DAYS M 02EDA or TE OF THIS a check, money order or postal note to Barnstable Clerk,P.O.Box 2430, -j i (2)If you desire to contest this matter in a noncriminal proceeding,you mayy do so by making written request to DISTRICT COURT DEPARTMENT FIRST 9ARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET ARNSTABLE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a copy of this j. citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. Y F ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature .. NAME OF OFFENDER / BAR 76229 TOWN OF ADDRESS OF OFFENDER'7'�43 /!� ` � d�p/,' `..g ' • + B,R, STABLE CITY,STATE,ZIP CODE `- ' �t11E► —MB RE ISTRATION NUMBER OFFENS i t )FMAWS KS LIj / d 10/ LU ri ME"AND TIN CATIO OF VIOLATIO,N� !�� r�1 Z LU NOTICE OF '''" A. ./ P.M. ON - !. ,20 p �� Lt'h GCr�i fed f SIGNATURE F FORCING' RSON EN C G DEFT BADGE N0. w VIOLATION ;// - /Y'�.. �f�r ! L� 0 OF TOWN IH,E EBY"ACKNOWLEDGE RECEIPT OF CITATION X a ORDINANCE LJ Unable t0 obtain signatu f of re ofe er. THE NONCRIMINAL FINE FOR THIS OFFENSE IS = � _ � vim. .,� tt�Date maile Wd �, OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION a (i)You mhe ay elect to pay the above fine,either by appearing in person beyytween mailing8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays exceI LU HyannisrnMA 02601ble Tla k,T00 Main ONE(21 DAYS OF THEDA or TEby THIS a check,money order or postal note to Barnstable Clerk,P.o Box 2 -J i )) pp gg yy aayy WAFINSTABLE DIVISION,COURT COMPOUND,noncriminal R,,�BARNSTABLE,MAm 6 owA en21D Noncriminal Hearings and enclose DEPARTMENT,o citation for a hearing. (3)It you fail to pay the above offense or to request a hearing within 21 days,or R you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense.charged,and enclose payment in the amount of$ Signature " NAME OF OFFENDS %7 1!( l Y�-�n. f BAR 78228, e TOWN QF ADDRESS OF OFFENDS r BARNS TABLE CITY,STATE,ZIP CO - -� f �/y N 6- !" (-- NUMBER OFFSLJ LLI / TIM D DATE OF OLATpN LO I OF VIOLATION �` // 2E *NOTI,CE OF IXM)i p .�ON -.2 20 a '° t t` l �b> % . e SIG AT E F ENFORCING -RSON ENFO NG DEP. �;�; BADGE NO. W VIOLATION C'�t� ~l�i f,✓� o (}F TOWN I HERPY-ACKNOWLEDGE RECEIPT OF CITATION X LU a ORDINANCE �able to obtain s•gnaturg of offgnoer. r ►a- b r (�� THE NONCRIMINAL FINE FOR THIS OFFENSE IS i Date mailed w OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w REGULATION a (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, Iy before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. d (2)If you desire to contest this matter in a noncriminal proceeding,you fnay do so by making written request to DISTRICT COURT DEPARTMENT,FIRST I INSTABLE DIVISION,COURT COMPOUND,MAIN STREET 9ARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. t (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of b Signature a`. • NAME Of OFFENDER 76227 TOWN OF ADDRESS OF OFFENDER �"�! C'r BARNSTABLE CITY,STATE.ZIP CODE �v rl4 �� ,i / OFFENS /'� J 6 / (/ j y/'/.' may. /♦/ ,!/� NAN\�TAfiA:.q ...'7 .C.A�{/1. �I L'.J I L t �f /C+ 1 ,� O•i!\ ,, Y d 'IASS. V 1 � � � �� I � W 6yq.'�� ED MI►r. �� I/ /, l' ` 1 j�' �j�l.• 4 I' , C.�"vE� Uj Uj TIME ANO DATE OF�10 TION (� LOCA 10 OF�VI'OLYA�TION�'' ,e� ,/ ,fin 2E NOTl3 OF ` —'/(A.M./ P.M.)ON `' �rsZ.Z—. ,2011 ! � 1� Wr wF,t r fC� . ! f P ! iI d SIGNAT,U(iE ; OF ENFORCING`PftON EN CING DEPT. 1 �r BADGE NO. W TION b " � � r��'�--.�-... I;C� SuI/1 V,�O LA f V OF TOWN o I HEPEBY ACKNOWLEDGE RECEIPT OF CITATION X a `ORDINANCE unable to obtain Sig ature of offe der. ~ ,4 A. fL THE NONCRIMINAL FINE FOR THIS OFFENSE IS S C Date mailed °P"� W OR ' YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL 0. s� DISPOSITION WITH NO RESULTING CRIMINAL RECORD. W R G U LAT I O N (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, Hyannis,MA 02601,WfTHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. a (2 If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST B�RNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,YARNS ABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature Crystal Reports Viewer of 2 Map Parcel 327154 70 CENTER STREET Application Number Stat Application Address 20062U53 A 68 CENTE T HYAN Page 6 of 7 1 / N 6/ 7 1 { http://isdomainfbusinessobjects/enterprise115/infoview/Report/report_view dhtml.aspx?id=2865&dpi=96 4/23/2009 �oFTMr Town of Barnstable Regulatory Services : IIARNST'AOM MASS. �* Thomas F. Geiler, Director 0.19. �0 p'EOMA�" Building Division Thorhas Perry,CBO, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO; FAX NO: RE: FROM: �, Q �. �c�c( t� co(^.-A 0A JS�D �✓1�it, DATE: PAGE(S): (INCLUDING COVER SHEET) .Rev:12.1901 oFt rq� Town of Barnstable Regulatory Services CAB Thomas F. Geiler,Director BAM"�: � Building Division p'F01A°�p Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 September 26, 2008 Barnstable First District Court Clerk Magistrate Robert E. Powers PO Box 427 Barnstable, Ma 02630 Re: Candace McKeone, 936 Wakeby Road, MM. Bar No 72607 Dear Magistrate: I respectfully request that the aforementioned enforcement matter pending before you on September 29, 2008 be continued for not less than six months. This request is the result of an agreement with Attorney James Dillon on behalf of Ms. McKeone. Please notice all parties of this continuation and subsequently the rescheduled trial date. Thank you. Sincerely, Tom Perry Building Commissioner Town of Barnstable a Regulatory Services "'ea 7Lemw F.Getter,Di—tor Building Division rbama.Perry.cDo,aauding cam�bstoaer 200 Main Sheet iiyanMia,MA 02601 Ww taWabarestable.mww Ofr=:SU4624038 Fax:56&794b230 PLEASE FORWARD THE ATTACHED PAGE(S)TO: TO: Cl2R(Cr bKtca(S`T�IkT� ATTN:. FAX NO: S 3 2 O Z RE: FROM: p ._. (�?/tR� 1(/ r�q Cow.kt)slD ✓P/L DATE: PAGE(S):. (INCLUDrNG COVER SHEET) xaamsm ezis 1iew-3 'xew papaaox3 (S -3 uoi }oauuoo aiiwis:)e} ON (t, '3 aamsue ON K '3 Asn8 (Z '3 i ie} aui i Jo—on BueH (L -3 aoaaa ao} uoseaa --------------------------------------------------------------------------------=------------------- BlZOZ988056 XI RaowIN 9 M ----------------- ----------------------------------------------------------------- lu'S ION 11nsa (s) 2d u011PUIISaa aPON -ON NdS6 :E 8006 '9Z AaS ; awil/a}pa I (l cL . ( Wd96 :8 9006 '96 AaS ja0dad jp sad uoijp) iunwwo3 I •d Message Page 1 of 1 Anderson, Robin From: Weil, Ruth Sent: Monday, July 28, 2008 5:21 PM To: Geiler, Tom; Giangregorio, Robin; Perry, Tom Cc: McLaughlin, Charles; Houghton, David Subject: McKeone s Attorney has agreed to continue Thanks to Charlie's efforts, McKeone's attorney, James Dillon, has agreed to continue this matter for several months. Charlie will go to district court in the morning to secure the continuance. According to Dillon there have been discussions about a potential resolution, Let's touch base on this at everyone's earliest convenience. We also need to review all other matters which are pending in the district court to ascertain their status. Ruth 9/26/2008 i Nr. �'T cl 613-10 Al P D v—c— -r6 o l-t l C�-AjS -t2.E f ? 'OIL 6 — :5c Cock Rrcuc—�c.c--� "O�f�(CE "C12A1�Ei2u�oti7E L►�� sc"C--- -ckAR-(Lc-�c;t��z = cs�EfZf-sb►u� �Qu t) RV, uq 0-i`L-M aJ,� MLVM b c2 moo( �. �a� rlt Lk { �7` 5 Old--00c,=, K Gto Gmi- M f lJy II M I� I (]e A r l � ' r SUBPOENA FOR WITNESS DOCKET NO. Trial Court of Massachusetts ° FOR CRIMINAL CASE 0725 CR 001814 District Court Department COMMONWEALTH VS. COURT NAME&ADDRESS CANDACE A MCKEONE BARNSTABLE DISTRICT COURT DATE OF OFFENSE POLICE INCIDENT NO. CITATION NO. OFFICER CODE(IF APPL.) ROUTE 6A, P.O. BOX 427 8/21/06 IBAR BARNSTABLE MA 02630-0427 NAME AND ADDRESS OF WITNESS (508) 375-6600 ROBIN GIANGREGORIO DATE YOU MUST APPEARYOU MUST E— C/0 TOWN OF BARNSTABLE 7/2 9/0 8 AT ABOVE COURTR BLDG. DEPT. 200 MAIN ST. TIME YOU MUST APPEAR ON THIS DATE AND HYANNIS MA 02601 TIME 9 : 00 AM FIRST SIX COUNTS 1 . 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL r� t9 r C_ TO THE ABOVE-NAMED WITNESS: ' You are hereby ORDERED to appear in this court on the date and time indicated bove &tes9#i y and give evidence in this matter and to appear from time to time and day to day therea .er as%dered. TESTE OF FIRST JUSTICE DATE ISSUED CL A TR WITNESS HON. W. JAMES O'NEILL 6/05/08 Robert E. Pourers Clerk NOTICE TO WITNESS IF YOU FAIL TO OBEY THIS SUBPOENA, A WARRANT MAY BE ISSUED FOR YOUR ARREST, AND YOU MAY BE HELD IN CONTEMPT OF COURT. ATENC16N: ESTE ES UN AVISO OFICIAL DE LA CORTE.SI LISTED NO SABE LEER INGLES,OBTENGA UNA TRADUCC16N. ATTENTION:CE91 EST UNE ANNONCE OFFICIALE DU PALAIS DE JUSTICE.SI VOUS ESTES INCAPABLE DE LIRE ANGLAISE,OBTENEZ LINE TRADUCTION. ATTENZIONE:IL PRESENTE E UN AVVISO UFFICIALE DAL TRIBUNALE.SE NON SAPETE LEGGERE IN INGLESE,OTTENETE UNA TRADUZIONE. ATENCAO: ESTE E UM AVISD OFICIAL DO TRIBUNAL.SE NAO SABE LEA INGLE§,OBTEN HA LIMA TRADUQAO. , LUU•Y: DAY LA THONG BAO CHINH THUC CUA TOA•AN,NEU BAN KHONG DOC DUOC TIENG ANH,HAY Tlfvl NGU"01 OICH Ha. SUBC 6/05/08 11:47 AM 05/10/2008 00:34 5084183244 MARSHALL PAGE 01 This letter confirms that Keith McKeone is leasing space from me for his business storage beginning on Date o� OS61•([b'Boc•rod u�u!14uea�osaruld:pvey. 9E6t•LLb•80S ssoe6CS80 �— S'lad 7P� 9 xC8-bW'a ftmajo� \ ZEl xo '• �\ 9'Ob / 7n� �lt'oasrr�oienbsed �/ 1 9,0SS(]N i u 69vVS auoigaO nS se4 Poolr 'N' i Message Page 1 of 1 Anderson, Robin From: Weil, Ruth Sent: Monday, July 28, 2008 5:21 PM To: Geiler, Tom; Giangregorio, Robin; Perry, Tom Cc: McLaughlin, Charles; Houghton, David Subject: McKeone's Attorney has agreed to continue Thanks to Charlie's efforts, McKeone's attorney, James Dillon, has agreed to continue this matter for several months. Charlie will go to district court in the morning to secure the continuance. According to Dillon there have been discussions about a potential resolution, Let's touch base on this at everyone's earliest convenience. We also need to review all other matters which are pending in the district court to ascertain their status. Ruth O S 9/22/2008 Barnstable y��pf SNE The Town of Barnstable B" ' Growth Management Department Ail-America City MASS. ass. � �a 1639. A`e 367 Main Street,Hyannis,MA 02601 TFD MA't Office: 508-862-4678 Patty Daley Fax: 508-862-4782 Interim Director 2007 March 17, 2008 James Dillon, Jr., Esq. 258 Main Street, Suite D3 Buzzards Bay, MA 02532 Re: McKeone, 936 Wakeby Road, Marstons Mills, Ma. Dear Attorney Dillon, I have been informed that the appeal the McKeone's filed to the Zoning Board of Appeals (Appeal 2008-009 Special Permit for Home Occupation) was recently denied. I fl trust that before our next appearance in the District Court on April 4`h, some progress will be made to relocate the commercial vehicles and other equipment from the above referenced address to a more appropriate location. If you have any questions, please do not hesitate to call. Very truly yours, Christine Palkoski, Esq. Regulatory Coordinator Q1S.l,ti�0 cc` om P rrB ild n`Commissioner. { F 9zd t I Feb.-27,2008 RE. 936 Wakeby Rd. Marstoris Mills McKeone Dear Members of the ZBA, Before the Board this evening is a matter that has been dragging on for close to two years now.This started as a complaint of a landscaping business with employees being conducted from a single family home.What this Department found on 6/22/06 was an operation that consisted of; 1) an F350 Ford Pick-up with lettering for Patriot Landscaping 2) 2 -3 yard capacity dump trucks 3) 2-drop tailgate landscape trailers with assorted mowers and trimmers 4) a temporary office.type trailer 5) various granite,cement blocks and other materials stock-piled 6) plastic carrier for applying pesticides 7) and other various landscape tools It has now taken the Mckeons to get to the ZBA this whole time after much prodding from this Department.There is on a regular basis this much equipment on this site it never drops below this amount except when it is off site to complete a project. Tom Perry Building Commissioner r Town of Barnstable Growth Management Department Patty Daley-Director Staff Report C3.1 Appeal 2008-009 - McKeone Special Permit- Section 240-46.0 Home Occupation Seeks the permit to park one work truck relating to a landscaping business at his home Date: February 24, 2008 To: Zoning Board of Appeals Art Traczyk- Principal Planner Or Petitioner: Keith W. and Candace A. McKeone Property Address: 936 Wakeby Road, Marstons Mills, MA Assessor's Map/Parcel: Map 012, Parcel 006 Zoning: Residence F Zoning District Filed:January 15,2008 Hearing:February 27,2008 Decision Due: Copy of Public Notices: Keith W. and Candace A. McKeone have petitioned for a Special Permit for a home occupation pursuant to Section 240-46.C. The petitioner is seeking a special permit to park one work truck relating to a landscaping business at his home. The property is located at 936 Wakeby Road, Marstons Mills, MA, as shown on Assessor's Map 012 as Parcel 006. It is in the Residence F Zoning, Resource Protection Overlay, and Groundwater Protection Districts. Background & Review: Appeal 2008-009 has petitioned the Board for a special permit for a Home Occupation to allow for the parking of a business landscaping truck and accessory trailer on residential property. The subject property is a 1-acre lot located at the Barn stable/Mashpee Town line on Wakeby Road. It is developed with a three-bedroom 1,224 sq.ft. single family dwelling. The petitioner purchased the home in May of 2006 and resides in it. According to the information submitted, the petitioner is operating a landscaping business from the property. A number of complaints had been made to the Building Division apparently related to vehicle parking and on-site storage of materials. A site plan that has been before the Site Plan Review Committee and found approvable has been submitted with the petition. That plan shows a proposed gravel parking area situated 39-feet off the Town of Barnstable-Growth Management Department 0c, Staff Report—Appeal 2008-009-McKeone roadway and 23-feet off the side property line is to be created. The parking area measures approximately 70 by 50 feet overall and is to include a 10 by 15 storage shed and front yard landscaped buffer with a 6-foot high stockade fence for screening to Wakeby Road. According to the information submitted, in addition to the work truck (a Ford F-350) and the single axle trailer, a Bobcat MT-52, a residence truck (Ford F-250), and a passenger car are also parked on the property. Section 240-46.0 Home Occupation Requirements: Home occupation by special permit is permitted in the Residential F Zoning District. That permit would allow for signage, advertising of the business at the residential address, and the employment of one non-household resident. That permit is still subject to certain requirements that include; • Limiting the activity to a type customarily carried on within a dwelling and is required to be located within the dwelling unit, • The activity remains incidental to and subordinate to the use of the premises for residential purposes, • That it not occupy more than 400 square feet, • External alterations are residential in character and there is no outside evidence of the use, • The home occupation is not objectionable or detrimental to the neighborhood and its residential character, • No traffic will be generated in excess of normal residential volumes, • The use does not result in offensive noise, vibration, smoke, dust or other particulate matter, odors, electrical disturbance, heat, glare, humidity or other objectionable effects, • No storage or use of toxic or hazardous materials, or flammable or explosive materials,,in excess of household quantities, • Parking for the use is met on the lot and not within the required front yard, • There is no exterior storage or display of materials or equipment, and • There are no commercial vehicles related to the Customary Home Occupation, other than one van or one pick-up truck not to exceed one ton capacity, and one trailer not to exceed 20 feet in length and not to exceed 4 tires, parked on the same lot containing the Customary Home Occupation. The exact wording of the restrictions is contained in Section 240-46.C. The Board should review the criteria with the applicant to assure that the home occupation is and will remain in full compliance. The Board may also wish to consider: • assurance that the business, if expanded, will not expand in this location, 2 I Town of Barnstable-Growth Management Department Staff Report—Appeal 2008-009-McKeone a�a • the extent and type of storage and or disposal of materials, if any, on the residential lot and, • if any staging will be taking place at this location (worker/materials coming in and out of the lot). The Board may also wish to consider requiring a review of the permit in the future to assure that the home occupation is in full conformity. Special Permit Findings: The granting of a Special Permit requires the Board make specific findings of fact that support all the following requirements have been met: • that the application falls within a category specifically excepted in the ordinance for a grant of a Special Permit, • that after evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected, • that a site plan has been reviewed by the Site Plan Review Committee and found approvable. Suggested Conditions: If the Board should find to grant the special permit it may wish to consider the following initial draft of possible conditions as well as other conditions that may become evidence as being required after the public hearing: 1. This special permit is issued to allow for a home occupation of a landscaping business to be operated by Keith W. and Candace A. McKeone, from their residence at 936 Wakeby Road, Marstons Mills, MA. This permit is issued only to the applicant and only for this location. It is not transferable to any other person, entity or location. 2. Improvement to the lot shall be made as presented to the Board in a plan entitled "Site Plan of Land in Marstons Mills Barnstable, MA 936 Wakeby Road prepared for Keith & Candace McKeone" dated October 12, 2007 revised 1-4-08 as drawn by Down Cape Engineering, Inc. 3. At this location, only direct family members that reside in the home shall be permitted to conduct the business activities at this locus. The number of persons involved in the business and conduct activities at this location is further limited to not exceed 4 family members. 3 Town of Barnstable-Growth Management Department Staff Report—Appeal 2008-009-McKeone 0O.-MIN 4. There shall be no outside storage of any materials related to the business. All machinery, equipment and supplies shall only be stored in the proposed 150 sq.ft. shed located as shown on the plan. There shall be no outside storage at this location. 5. There shall be no disposal of any landscaping waste materials of any nature on this property. That shall include but is not limited to grass clippings, wood waste, soil, timbers and the like. 6. The use shall conform to all other requirements of Section 240-46.B for a home occupation. 7. Any other required permits, licenses and/or approvals shall be obtained prior to operating the business. 8. The Building Commissioner or his agent may inspect the property with proper notice at any time to assure full compliance with all provision of this permit. Should any violation of the terms of this permit or of Section 240-46.B be found, the Building Commissioner may request of the Board a show cause hearing to revoke this special permit. 9. This decision must be recorded at the Barnstable County Registry of Deeds and a copy of that recorded document must be submitted to the Zoning Board of Appeals office and to the Building Division prior to any permit for the improvement to the property. The rel.ief authorized must be executed within one year of the granting of this permit. Copies: Petitioner/Applicant Attach: 4 I i Town of Barnstable Growth Management Department Patty Daley-Director Staff Report CS- Appeal 2008-009 - McKeone Special Permit- Section 240-46.0 Home Occupation Seeks the permit to park one work truck relating to a landscaping business at his home Date: February 24, 2008 To: Zoning Board of Appeals Art Traczyk- Principal Planner Petitioner: Keith W. and Candace A. McKeone Property Address: 936 Wakeby Road, Marstons Mills, MA Assessor's Map/Parcel: Map 012, Parcel 006 Zoning: Residence F Zoning District Filed:January 15,2008 Hearing:February 27,2008 Decision Due: Copy of Public Notices: Keith W. and Candace A. McKeone have petitioned for a Special Permit for a home occupation pursuant to Section 240-46.C. The petitioner is seeking a special permit to park one work truck relating to a landscaping business at his home. The property is located at 936 Wakeby Road, Marstons Mills, MA, as shown on Assessor's Map 012 as Parcel 006. It is in the Residence F Zoning, Resource Protection Overlay, and Groundwater Protection Districts. Background & Review: Appeal 2008-009 has petitioned the Board for a special permit for a Home Occupation to allow for the parking of a business landscaping truck and accessory trailer on residential property. The subject property is a 1-acre lot located at the Barn stab le/Mashpee Town line on Wakeby Road. It is developed with a three-bedroom 1,224 sq.ft. single family dwelling. The petitioner purchased the home in May of 2006 and resides in it. According to the information submitted, the petitioner is operating a landscaping business from the property. A number of complaints had been made to the Building Division apparently related to vehicle parking and on-site storage of materials. A site plan that has been before the Site Plan Review Committee and found approvable has been submitted with the petition. That plan shows a proposed gravel parking area situated 39-feet off the Town of Barnstable-Growth Management Department Staff Report—Appeal 2008-009-McKeone 08* roadway and 23-feet off the side property line is to be created. The parking area measures approximately 70 by 50 feet overall and is to include a 10 by 15 storage shed and front yard landscaped buffer with a 6-foot high stockade fence for screening to Wakeby Road. According to the information submitted, in addition to the work truck (a Ford F-350) and the single axle trailer, a Bobcat MT-52, a residence truck (Ford F-250), and a passenger car are also parked on the property. Section 240-46.0 Home Occupation Requirements: Home occupation by special permit is permitted in the Residential F Zoning District. That permit would allow for signage, advertising of the business at the residential address, and the employment of one non-household resident. That permit is still subject to certain requirements that include; • Limiting the activity to a type customarily carried on within a dwelling and is required to be located within the dwelling unit, • The activity remains incidental to and subordinate to the use of the premises for residential purposes, • That it not occupy more than 400 square feet, • External alterations are residential in character and there is no outside evidence of the use, • The home occupation is not objectionable or detrimental to the neighborhood and its residential character, • No traffic will be generated in excess of normal residential volumes, • The use does not result in offensive noise, vibration, smoke, dust or other particulate matter, odors, electrical disturbance, heat, glare, humidity or other objectionable effects, • No storage or use of toxic or hazardous materials, or flammable or explosive materials, in excess of household quantities, • Parking for the use is met on the lot and not within the required front yard, • There is no exterior storage or display of materials or equipment, and • There are no commercial vehicles related to the Customary Home Occupation, other than one van or one pick-up truck not to exceed one ton capacity, and one trailer not to exceed 20 feet in length and not to exceed 4 tires, parked on the same lot containing the Customary Home Occupation. The exact wording of the restrictions is contained in Section 240-46.C. The Board should review the criteria with the applicant to assure that the home occupation is and will remain in full compliance. The Board may also wish to consider: • assurance that the business, if expanded, will not expand in this location, 2 i t Town of Barnstable-Growth Management Department Staff Report—Appeal 2008-009-McKeone OCR.) • the extent and type of storage and or disposal of materials, if any, on the residential lot and, • if any staging will be taking place at this location (worker/materials coming in and out of the lot). The Board may also wish to consider requiring a review of the permit in the future to assure that the home occupation is in full conformity. Special Permit Findings: The granting of a Special Permit requires the Board make specific findings of fact that support all the following requirements have been met: • that the application falls within a category specifically excepted in the ordinance for a grant of a Special Permit, • that after evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected, • that a site plan has been reviewed by the Site Plan Review Committee and found approvable. Suggested Conditions: If the Board should find to grant the special permit it may wish to consider the following initial draft of possible conditions as well as other conditions that may become evidence as being required after the public hearing: 1. This special permit is issued to allow for a home occupation of a landscaping business to be operated by Keith W. and Candace A. McKeone, from their residence at 936 Wakeby Road, Marstons Mills, MA. This permit is issued only to the applicant and only for this location. It is not transferable to any other person, entity or location. 2. Improvement to the lot shall be made as presented to the Board in a plan entitled "Site Plan of Land in Marstons Mills Barnstable, MA 936 Wakeby Road prepared for Keith & Candace McKeone" dated October 12, 2007 revised 1-4-08 as drawn by Down Cape Engineering, Inc. 3. At this location, only direct family members that reside in the home shall be permitted to conduct the business activities at this locus. The number of persons involved in the business and conduct activities at this location is further limited to not exceed 4 family members. 3 Town of Barnstable-Growth Management Department Staff Report—Appeal 2008-009-McKeone OEM. ; I 4. There shall be no outside storage of any materials related to the business. All machinery, equipment and supplies shall only be stored in the proposed.150 sq.ft. shed located as shown on the plan. There shall be no outside storage at this location. 5. There shall be no disposal of any landscaping waste materials of any nature on this property. That shall include but is not limited to grass clippings, wood waste, soil, timbers and the like. 6. The use shall conform to all other requirements of Section 240-46.B for a home occupation. 7. Any other required permits, licenses and/or approvals shall be obtained prior to operating the business. 8. The Building Commissioner or his agent may inspect the property with proper notice at any time to assure full compliance with all provision of this permit. Should any violation of the terms of this permit or of Section 240-46.B be found, the Building Commissioner may request of the Board a show cause hearing to revoke this special permit. 9. This decision must be recorded at the Barnstable County Registry of Deeds and a copy of that recorded document must be submitted to the Zoning Board of Appeals office and to the Building Division prior to any permit for the improvement to the property. The rel.ief authorized must be executed within one year of the granting of this permit. Copies: Petitioner/Applicant Attach: 4 °Ft r Town of Barnstable 200 Main Street,Hyannis,Massachusetts 02601 • BABNETABM 1639. .•� Growth Management Department Patricia Daley 367 Main Street,Hyannis,Massachusetts 02601 Interim Director Phone(508)862-4785 Fax(508)862-4725 www.town.bamstable.ma.us January 9, 2008 Keith and Candace McKeone 936 Wakeby Road Marstons Mills, MA -2648 Reference: Site Plan Review # 050-07, 936-Wakeby Road,_Marstons 1Vlills Map 012, Parcel 006 Proposal: Home occupation by special permit. Utility shed and screened area for parking of truck and single axle utility trailer. Dear Mr. and Mrs. McKeone �(?� II Please be advised that at the site plan review staff meeting of January 8, 2008, the Building Commissioner, Tom Perry, has found the revised plan to be administratively approvable subject to the following: T • All construction shall be in compliance with the approved plan entitled, "Site Plan of Land in Marstons Mills, Barnstable, MA, 936 Wakeby Road"prepared for Keith & Candace McKeone"by Down Cape Engineering, Inc. and dated October 12, 2007 with final revision January 4, 2008 to move proposed dirve and shed. • Applicant must obtain all other applicable permits, licenses and approvals required, including,but not limited to Special Permit for Home Occupation from the Zoning Board of Appeals. • Upon completion of all work, a registered engineer or land surveyor shall submit a letter of certification, made upon knowledge and belief in accordance with professional standards that all work has been done in substantial compliance with the approved site plan(Zoning Section 240-104 (G). A copy of the approved plan will be available on file. If you have any questions, or require further assistance, my direct telephone number is 508-862-4679. Sincerely, , Ellen M. Swiniarski Site Plan Review Coordinator CC: SPR File CTom Perry,Building Commissioner ZBA File i Barnstable ®F tHE Tp� P� ti The Town of Barnstable ;I-AmericaCity * BA MASS.LE. M 9! Growth Management Department t P ASS. • 039. MA.0. 367 Main Street,Hyannis,MA 02601 Office: 508-862-4678 Ruth J. Weil 2007 Fax: 508-862-4782 Director August 3, 2007 James P Dillon, Jr. 298 Main Street, Suite C4 Buzzards Bay MA 02532 Re: Candace McKeone, 936 Wakeby Road, Marstons Mills Dear Attorney Dillon: I have received information that you are representing Ms. McKeone regarding the business being operated out of the above mentioned address. Please let me know how she wishes to proceed with this matter. If you have any questions, please do not hesitate to call. Very truly yours, CJ4 Christine Palkoski, Esq. Regulatory Coordinator &d. Tom Perry, Building Commissioner �. -- _ M- •: y / - 41iro NAME OF 0 DER BAR 1615 9 TOWN OF ADDRESS O FENBER BARNSTABLE CITY,STATE.ZIP CODE yF TV49E► xANN.�'Aar.e, OFFEN r W M-q (J I' J ��fFO GIN h'1) l 4'L r./ L l I J LU > TIME AND DATE OF VIOLATIO �0pgi 0 .0 VIO TION Z NOTICE OF /� `'-`'a ' Uj A ./ P.M.)0 20(� vl )� �.�.h� I . A/�ti SIGNA RE OF&FORCI G•PERSON ` > ENF-0 G DEP,T. % BADGE NO. N VIOLATION „�� JJ, ;�-- ( I „� CD OF TOWN I HE BY ACKNOWLEDGE RE EIAF CITATION XUj ORDINANCE able to obtain signature of ffender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ LLJ (� .J Date mailed LU OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS-A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. tL RtGU CATION 1 You ma elect to a the above fine,either b eadn In person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holida s excepted, Q pay Y aPP Q P Y 9 Y 9 P W before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P. .Box 2430, J Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. d I. UNSTABLE you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COUFIT DEPARTMENT,FIRST BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET AR LE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or N you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME OF OFFENDED r I - BSA R 76158 TOWN OF ' ADDRESS OF OF BARNSTABLE Gn.STATE,ZIP 7 A✓.. �! J 1 (hA`�'{•� 0 d)6 q?- OIE MV! B REGISTRATION NUMBER OFFENSE . rue.6 9. s Q�'t?.�Gtt% u� .,+t fdrl��,5�� !of en `ice 1[ �•1� C ��' �''��.� a USrA Uj Ll n E AND DATE 0 VIOLA TE� .. { F VIOLATION NOICE OF .20 SIGNATU• OF ENFORG 0 ENFOflGING DEFT. BADGE No. N VIOLATION ( � ./I fI ,( .� Gli1(�.1f1`jr I %� o OF TOWN I HEREBY ACKNOWLEDGE REC PT OF CITATION X a ORDINANCE EVUnable to obtain signature of offender. J„��- THE NONCRIMINAL FINE FOR THIS OFFENSE IS i W'Date mailed s� W OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. LLI REGULATION (1)You may sled to pay the above fine,either by appearing in person between 8:36 A.M.and 4:00 PM. Mon through Friday,legal Holidays excepted, W before:The Barnstable perk,200 Main Street,Hyannis,MA 02601,or mailing a check monayorder or note to Barnstable perk,PO Box 2430, __j Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. a y ((2)If you desire to contest this matter in a noncriminal proceeding,yyou maayy do so by malting written request to DISTRICT COURT DEPARTMENT FIRST BARNSTABLF D. ON,COURT COMPOUND,MAIN STREET,BARNSTABI E,MA 02630,Attu:21 D Norxriminal Hearings and endose a copy of this citation for a hearing. (3)R you tail to pay the above offense or to request a hearing within 21 days,or N you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense.charged,and enclose payment in the amount of$ Signature _---------- - ----NAME OF OFFENDF�r-j d" ! �.•.f � r� BAR 76160 TOWN OF ADDRESS OFOFFE/l/INDE 1 J G- BARNSTABLE CITY,STATE,ZIP CODE / j` i BIKE t� '+ OFFENS' • NAN 1 Sse,.:.g -� h 51 ,� s �� S lf� l�- �:' .' er n = a 7 .639• � „J LU Chok 71ME AND DATE F VIOLAj10 LOCAp N F VIOLATION ly NOTICE OF '_ �� (A.M./ P.M.)ON Ar, ,20/) SIGN tURE F ENFORCINGW S6q'k, �J - ErN�ACING DEPP BADGE NO. W VIOLATION - i� Xl A AIL. ^"J t " jAi { '�+!�GI OF TOWN (] o I HEREBY ACKNOWLEDGE RECEIPT OF ITATION X a ORDINANCE 12^Unable to obtain signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS S f•�.(fU � Date mailed. w W OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. Lu REGULATION 1 You may elect to a the above fine,either b appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays exce tea, Q ( ) Y pay Y aPP g P 9 Y, 9 O Lu before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or posts note to Barnstable Clerk,P. Box 430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2 Uyou desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST NSTABLE DIVISION,COURT COMPOUND,MAIN STREET BARNS TABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. i (3)If you fail to pay the aMrie offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature' R v ;r rAODRESS F OFFENOr' •r .�' t '� / -- _. TOWN OF BAR �'. U I OF OFFENDEryBARNSTABLE ATE,ZIP CODE / r�� 1' ,,,(; ,!•�.� -•-r if / r /, ..+ Q, �'/',, MV/M REGISTRATION MBEfl OFFENS • ) /�. •I 11ANSSTAHI.E. MASS. ytn►A►+. I 1 ' /. 1 f )! r6��Y. 1" . G -,ft 1Ie R. 1 a ' TIME AND DATVF VIOLATION " 20 l� Uj LOCAp N 9F VIOLATION ~' I NOTICE OF I (A.M,}/ P.M.)ON — /)� / ;F_-� ( " N ... w t VIOLATION SyGflgURE FEfJfORCi(JGP/EISSQNI 1 EN KINGDEPPt t G 111i Q yy1•7 ./ ,W V/ t. '— •f f 4 t 1 •"` /1 {�f �� BADGE NO. N. J OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF ITATION X Uj ORDINANCE 9"Unable to obtain signature of°fender. a I Date mailed.,,;, ) THE NONCRIMINAL FINE FOR THIS OFFENSE IS S `j ~ OR 'W w YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL W REGULATIOlbefore: DISPOSITION WITH NO RESULTING CRIMINAL RECORD. r either gg in y y W 1 The Barnsta elect toble Clerk,200 Maithe above n Street,HyannlsarMA 02601,00r bymeen8 ash k,moneyorderoMpostal note to BarnsteblegClerki PO$Bog 4ed, L,nis,MA 02601,WITHIN TWENTYONE(21)DAYSOFTHEDATE OFTHIS NOTICE.you desire to contest this matter Ina noncriminal proceeding,'you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST NSTABLE DIVISION,COURT COMPOUND,MAIN STREET BARNSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this on for a hearing. NAME OF OFFENDEA"'� —"— :� i Q�eat tndh@headna or to pay any fine determined at the TOWN of _ ADDRESS OF OFFS �R^ ` ry BARS. ' ' BARNSTABLE CITY,STATE,ZIP CODE ) IJJi (•/ -•� h` (��$ ! r �"' MV/ B REGISTRATION NUMBER ` p� n t ,lit) � 1"r I,r a. 1i• /`�� 1 l Jl i/'� c �'ry�/ �iJ7%/ el,'�`"ttl�" Ia� ' r W �J NO ICE OF Tl EANDDATE0 VIOLATI N+ yr''' 'I✓ ✓'rl �51�D 1`t '4 / , ' {,,� c i (. 14 /P.M.)ON,,.''J�' ,2D 'y 1..� L TIO F VIOLAATION, Y r 6�. �'�.� w W I I VIOLATION S�GfTU �FENFORCIN'd1FpG W 1 y d ENFORINGD ~, . OF TOWN _ ,art/ti/. _ �. �' 1 LEDGE REC&T 01''CITATION X BADGE N0. I HEREBY ACK NOW CO i ORDINANCE ®'fUnable t0 obtain signature of offender. OR Date mailed b '„�!,f`•�G"';at THE NONCRIMINAL FINE FOR THIS OFFENSE IS 1 YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS DISPOSITION WITH NO RESULTING CRIMINAI RFrnan IL.�E!�1LLILLML_-- __ NAME OF OFFENDER ? SMATTER EITH R nur/nun 1 no., ''W t BAR' . , TOWN OF ' �i ADDRESS OPO FENDER. BARNSTABLE IP Co 41; ,.«' ddFQyh - O � MV/MB REGISTRATION NUMBER � ff IIAN\S1'Ae1.Y.. OFFEN/$ /A" 1. mAss. 8. 1...'V•C,1�i1.'�G/r / r r �` 1 �4;.�Eo ,+►O �I /" r.f' iJ' '(' �! r("/ }' f("l ' /V<3'1 I L ,''"'d'� �!" ui .CL0( �J il_Ir1E AND DATE QF VIOLATION + " J!9 1 "�4 ?(� '! •' ��YI ` 1 Y ��J o W NOTICE OF :/ _ ti 40P410ry.0r Vin TIM >/ r zip/ rT' A. �./P.M.)0 i;;r' 20�) (•ti r, t..",�_;��t �' .. f��/i��____ W 1�VIOLATION SIGNAT EOF NFORCI OPERSO J .,,I•`�f�)/Hi1 �-Ql ENFO C GDEP,T. OF TOWN `• / ,... c, 1 Q� I HEREBY ACKNOWLEDGE RE E11W F CITATION X "'^ ORDINANCE 121"Unable to obtain signature of ffender. CL G Date mailed ':d. " THE NONCRIMINAL FINE FOR THIS OFFENSE ISLU IOR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS`A FINAL a ' R GU CATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. Wi (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidayys exceppted, Q before:The Barnstable Clerk, W Main Street,Hyannis,MA 02601,or by me(lile a check,money order or postal note to Barnstable Clerk,P,O.Box 2430, Wt Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. CL UNSTABLE you desire to contest this matter in a noncriminal proceedin , ou ma do so by making written request to DISTRICT COURT DEPARTMENT,FIRST 1 BARNSTABLE DIVISION,COURT COMPOUND,MAIN STRE g y y i citation for a hearing. ET BARNSTABLE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a copy of this 1 �. . (3)If you fail to pay the above offense or to request a hearing within 21 days,or If you fail to appear for the hearing or to pay any fine determined at the ii hearing to be due,criminal complaint may be Issued against you. i I• ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ •,', Signature I Town of Barnstable ti 200 Main Street, Hyannis,Massachusetts 02601 `s BARNSrnsM - ,.•� Growth Management Department Ruth Weil, Director ED MP'� 367 Main Street, Hyannis, Massachusetts 02601 Phone(508)862-4679 Fax(508)862-4725 www.town.bamstable.ma.us July 18, 2007 Keith and Candace McKeone 936 Wakeby Road Marstons Mills, MA 02648 Reference: Site Plan Review(011-07 Informal) 936 Wakeby Road, Marstons-Mills, MA ' Map 112, Parcel 006 Proposal: Home Occupation— Small Landscaping Business Utility shed and small screened area for parking truck and single axle utility trailer. Dear Mr. and Mrs. McKeone: Please be advised that the Site Plan Review Committee reviewed the revised informal proposal at l the staff meeting on July 11, 2007. Please be advised that an engineered, graded plan will need to be provided if you intend to file formally with site plan review and move forward with an application to the Zoning Board of Appeals. In researching standing in light of your application,the Committee may possibly have identified a deed restriction with your property. That restriction may impede your ability to implement any relief the Zoning Board of Appeals may grant. You should thoroughly review this issue before proceeding with formal site plan review plans. Sincerely, Ellen M. Swiniarski Site Plan Review Coordinator NGISIMa CC: SPR File _ ___ -- =(� Tom Perr-y,BBuilding Commissioner 11WV 61 Inr LOOZ --7-7 e-- F75-3 clC. o-r E- AlB 7 6 30/o(0 Cerr�2`c1.4- scrC C+hCek RCuc—rc. S�'✓l��-� �-►�a1�sc�� 'Ti��t L�`�c,�I cam- s"4L-c IFLUIe cv A, v lkk a\)o,#\ eo(-�> mk fvt�efl�-11,o t,ighf Of f?I�i'c. buA of n� �L��0r� u�v� Lq OCtL c, —�� _ �C L)Jo VA4 P)c' THE r Town of'Barnstable . ioiy\ Regulatory Services yP!' o Thomas F.Geiler,Director BA NSTABLE, Building Division 9 MASS. 0a 1639. .0 Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 June 22, 2006 Mr. &Mrs.Keith McKeone 936 Wakeby Road Marstons Mills.Ma 02648 Re: Violation of Zoning Code Chapter 240 Section 10—Prohibited Uses (Trailer) Violation of Zoning Code Chapter 240 Section 14—Single-Family Residential F Zone Locus: Map 012 Parcel 006 Dear Mr. &Mrs. McKeone: This office has received two complaints regarding a large trailer and the operation of a business from your property located at 936 Wakeby Road. Subsequently,I visited the area this morning and confirmed the installation of a commercial-style trailer. You should be aware that Wakeby Road is zoned for single-family use only and any other use is contrary to our Zoning Code as cited above. As a result this office is obliged to order the removal of the trailer by July 5, 2006. In addition,you are hereby notified that all uses other than the single-family use must cease immediately. Please.know that I.am-available to assist youirl_identifying.an appr-opriately-zoned business Iodation upon request. Because non-compliance is subject to fines of up to $300.00 per day per violation,we remain confident that you will take immediate action to remedy this situation. You may contact me directly at 508-862-4027 should you require clarification. Sincerely, .rr�� Robin C. Giangregorio Zoning Enforcement Officer JAComplaint Inv Reports\936 Wakeby Rd trailer McKeone.doc CERTIFIED MAIL,7004 2510 0002 6228 2597 U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.come 400 PS Form 3800,June 2002 See Reverse for Instructions Certified Mail Provides: �e�ea)zoozeunr'ooae u„od sd •P A mailing receipt e • A unique Identifier for your mallplece _ '• A record of delivery kept by the Postal Service for two years Important Reminders. ■ Certified Mail may ONLY be combined with Flrst-Class Mail®or Priority Mail®. ti Certified Mail is not available for any class of International mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. • For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailplaos'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. • For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement°ResMcted Delivery°. 11 If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery Information is not available on mail addressed to APOs and FPOs. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sig ure item 4 if'Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of _ry ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Ye 1. Article Addressed to: If YES,enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mail Da� ❑ Registered `ES-Return Receipt for Merchandise i ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (fransfer from service label)10 :3 5 21 8 0 0 7 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATE P �Q.�1��WL � C `�'`t>"Y� �Y.1,i�• y� ,M�✓ , 1.. �M N Yn .r • h - -. - oSYa 11.10 • Sender: Please print your name, address, and ZIP+PCs box • n I I TOWN OF BAR ABLE BUIL 200 MAIN ST. HYANNIS,MA 02601 11 :ZI Wd CZ AWN 1001 318Vj. NRVG :fin EdUI 4rri<a III111111►I,IifdlollIIIilil►li/lilt/h off III/III l►litI,1i1lot S 6� L 0 T 3 TOWN OF MASHPEE ®" W k, � 00 � 00 00 O O � LOT 2 LOT 1 S NEW CONCRETE o 0. 9g• FOUNDATION Ln rn 5.4' N Z3 o O b 21.4• 90.9' In P N O 7 N 34,0- 2 (O OF Mgss9 = DAVtD CyG o C. cn 1 22.8 1, THULIN y N No.39g0 P Wq KEe Y Z6'1g'45" W 34.97' v op� RO,gp N 81'50'45„ W 50 0 25 50 100 200 ( IN FEET ) ASSESSORS MAP 012 PARCEL 006 LOT 1 = AREA 43,634 S0, FT. 1 inch = 50 ft. ASSESSORS MAP 012 PARCEL 006 CERTIFIED PLOT PLAN FOUNDATION LOCATION DATE: NOVEMBER 21, 2005 FLOOD ZONE: LOT 1. 936 WAKEBY ROAD THE SUBJECT LOT IS SITUATED IN FLOOD ZONE X SEE COMMUNITY PANEL 25001-0015C MARSTONS MILLS, BARNSTABLE, MA REVISED JULY 2, 1992 SCALE: I" = 30• DATE: 11/21/05 PLAN REFERENCE: PLAN BOOK 558 PAGE 56 PLAN DATE: APRIL 14, 2000 • I HEREBY CERTIFY THAT THE SUBJECT BUILDING FOUNDATION IS LOCATED IN RELATION TO LOT ° DAVI.D C. THULIN, PE, PLS LINES AS SHOWN. THE LOCATION OF THE BUILDING WAS DETERMINED BY INSTRUMENT SURVEY.THIS PLAN 211 MILL ROAD PREPARNGIDEED TDESCRIPTIONS OR CONSTRUC INTENDED TO BE A LAND TION. NO CORNERS R PROPERTY YWEREDSET. IT CANFORDNOT BE EAST SANDWICH, MASSACHUSETTS 02537 USED FOR ESTABLISHING FENCE, HEDGE OR BUILDING LINES. THE MATTERS SHOWN HEREON ARE (508)888-2345 FAX(508)888-7259 BASED ON CURRENT DEED AND REFERENCED PLAN INFORMATION ONLY AND MAY BE SUBJECT TO FURTHER OUT SALES, TAKINGS, EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS OF RECORD, AND PRESCRIPTIVE OR OTHER RIGHTS. TO THE BEST OF MY KNOWLEOlPE PAID BELIEF THE PREP. FOR: VALLE DRAWN BY: PST I CHKD BY: DCT FOUNDATION LOCATION CONFORMS TO THE E K R U TS OF THE JOB No: 05-016 REV. BARNSTABLE ZONING ORDINANCE. HO NTAL �� Z SHEET 1 a� 6� Ln Er rr— INKS. For delivery information visit our website at www.usps.coms,remit = L 11"A L U S E nj —0 Postage $ $0.39 0601 ' OCertified Fee $2.40 02 O r, Postmark O Return Receipt Fee $1,85 Here , (Endorsement Required) t IM Restricted Delivery Fee $0.00 + r-R (Endorsement Required) t.n fU Total Postage&Fees $ $4.64 08/23/2006 j I � Cl Sent/T�^r JL_. S.✓ .11C....�L....C.... lti Sheet or PO Box No. ?/ ---- ? -- ..........•• --------------------•- City State,LPr4 PS Form 3800,June 2002 GZ Certified Mail Provides: ■ A mailing receipt (esreneH)zooz eunr'ooee-oj sd ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: r • ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. . .4 ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery'.' ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. � A, mckeorle- BAR 7 2 6 0 7 TOWN OF ADj3 6FFEN V O BARNSTABLE DATiBITH OF OFFENDERG 0 - 71 MV OPERATO LICENSE NUMBER / MV/MB REGISTRATION NUMBER yin 1'e 1,) ?ten�, LL TI AND DAT A L TI N OF VIO TION. LL NOTICE OF (A.M. P.M.) �1l,200 PA PLi& SI T E OF kNFORC N , E RGNG DEP. BADGE N0. LL :w VIOLATION t' �] ` ct t— F TOWN I H AEBY ACKNOWLEDGE RE IP F CITATION X a ORDINANCE []'Unable to obtai ignature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS 060. da J Date mailed � W W OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD.TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a REGULATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. uA (1)You may elect to pay the above fine,either by appearing In person between 8'.30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, < before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money.order or postal note to Barnstable Clerk,P.O.Box 2430, Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. a t2)N you desire to contest this matter in a noncriminal proceeding,'you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST UNSTABLE DIVISION,COURT COMPOUND,MAIN STREET RN ABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)t you fail to pay the above offense or to request a hearing within 21 days,or 0 you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be Issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature f astable .. ° set m 02601 ° . a C Candace A. McKeone 936 Wakeby Road m z= LL Marstons Mills, Ma 02648 A a E m E ac, ¢ 1� 1i E o m y o ° _ I`m0 W CD H �� i y ,'Ti O ;U 561.2 9229 2000 0'152 bOOL 56t'_2 9229 2000 .OT92 fiHi!. . i �o U f 1 Z� 56Z2 9229 2000 0'152 fi00z (/ 61 \ � b� rp� Town of Barnstable OF1ME Regulatory Services Thomas F.Geiler,Director BARNSrnsLe, Building Division MASS. 039• ♦0 Tom Perry,Building Commissioner ArEo �a 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 June 22, 2006 Mr. &Mrs. Keith McKeone 936 Wakeby Road Marstons Mills.Ma 02648 Re: Violation of Zoning Code Chapter 240 Section 10—Prohibited Uses(Trailer) Violation of Zoning Code Chapter 240 Section 14—Single-Family Residential F Zone Locus: Map 012 Parcel 006 Dear Mr. &Mrs.McKeone: This office has received two complaints regarding a large trailer and the operation of a business from your property located at 936 Wakeby Road. Subsequently,I visited the area this morning and confirmed the installation of a commercial-style trailer. You should be aware that Wakeby Road is zoned for single-family use only and any other use is contrary to our Zoning Code as cited above. As a result this office is obliged to order the removal of the trailer by July 5, 2006. In addition,you are hereby notified that all uses other than the single-family use must cease immediately. Please-know that I.am-available to assist you-in-identifying.an appropriately-zoned _ business location upon request. Because non-compliance is subject to fines of up to $300.00 per day per violation,we remain confident that you will take immediate action to remedy this situation. You may contact me directly at 508-862-4027 should you require clarification. Sincerely, q&j�/ r w Robin C. Giangregorio Zoning Enforcement Officer JAComplaint Inv Reports\936 Wakeby Rd trailer McKeone.doc CERTIFIED MAIL 7004 2510 0002 6228 2597 I MAA& 6sq fD MP'�A Town of Barnstable Zoning Board of Appeals Agenda February 27, 2008 Revised as of 02-22-08 7:00 PM Appeals 2008-010, 011 & 012 - Continued Berkshire Development - Circuit City Redevelopment Opened February 13, 2008, continued to February 27, 2008. No Members Assigned, No Testimony Taken Appeals 2008-010 - Bulk Variance Min. Front Yard and Lot Coverage Berkshire Development, LLC has applied for a Variance to Section 240-25.E Bulk Regulations, Minimum Front Yard Setback off Route 132 and Section 240-35(F)(3) Lot Coverage in the Groundwater Protection Overlay District. The applicant seeks to locate the proposed building 45 feet off Route 132 where a 100-foot front yard setback is required and to maintain the existing lot coverage that does not meet with today's 50% maximum lot coverage by impervious surfaces. The property is addressed as 624 and 640 lyannough Road (Route 132), Hyannis, MA. The lots are shown on Assessor's Map 311 as parcels 012 and 013. The property is in the Highway Business, B Business, Groundwater and Wellhead Protection Overlay Zoning Districts. Appeal 2008-011 - Highway Business Conditional Use Permit Berkshire Development, LLC has petitioned for a Special Permit pursuant to Section 240-25(C)(1) Conditional Use in the Highway Business Zoning Districts. The petitioner seeks to redevelop the site with a 23,500 sq.ft., building to be used for retail sales of electronics. The property is addressed as 624 and 640 lyannough Road (Route 132), Hyannis, MA. The lots are shown on Assessor's Map 311 as parcels 012 and 013. The property is in the Highway Business, B Business, Groundwater and Wellhead Protection Overlay Zoning Districts. Appeal 2008-012 - Expand/Alter Nonconforming Building Structure Berkshire Development, LLC has petitioned for a Special Permit pursuant to Section 240-93 Nonconforming Buildings or Structures Not Used as Single- or Two-family Dwellings. The petitioner seeks to redevelop the site with a 23,500 sq.ft., retail store and associated site improvements. The permit is sought to allow for the alteration and expansion of certain nonconformities on site, including impervious coverage. The property is addressed as 624 and 640 lyannough Road (Route 132), Hyannis, MA. The lots are shown on Assessor's.Map 311 as parcels 012 and 013. The property is in.the Highway Business, B Business, Groundwater and Wellhead Protection Overlay Zoning Districts. 7:00 PM Appeal 2008-008 - New Oyster Harbor Club Expand/Alter Nonconforming Use Oyster Harbors Club, Inc. has petitioned for Special Permits pursuant to Section 240-93.13 Alteration and Expansion of a Nonconforming Buildings or Structures Not Used as Single or Two- Family Dwellings; and Section 240-94.8 Expansion of a Preexisting Nonconforming Use. The petitioner seeks to remodel an existing 573 sq.ft., children's play center and to add another accessory building consisting of 1,096 sq.ft., to also be used as a children's play center. The buildings and use is accessory to the principal nonconforming use of the property as a Club House. The subject property is located as shown on Assessor's Map 053 as Parcel 012 Lot 001, addressed as 170 Grand Island Drive, Osterville, MA 02655, in a Residence F-1 Zoning District. 7:15 PM Appeal 2008-003 - New Sprinkle Expand/Alter Nonconforming Two-Family Brad K. Sprinkle has petitioned for a Special Permit pursuant to Section 240-92.13, Expansion/Alteration of a Nonconforming Buildings or Structures Used as Single- and Two-Family Residences. The petitioner seeks to expand and alter the two existing nonconforming residential dwellings located on the property. The property is addressed as 3600 Falmouth Road (Route 28), Marstons Mills, MA, and is shown on Assessor's Map 077 as parcel 005. It is in the Residence F Zoning and Resource Protection Overlay Districts 7:30 PM Appeal 2008-002 - Continued Holmes & Holmes Modification of Use Variance 1996-152 Opened January 23, 2008, continued to February 27, 2008. Continued to allow for review by Building Division for an as-of-right family apartment. Letter to Building Commissioner enclosed. From discussion with the Commissioner, Staff believes he will be allowing this unit as a family apartment as-of-right. Members Assigned: James R. Hatfield, Sheila Geiler, John T. Norman, Kelly Kevin Lydon, Gail C. Nightingale. Associate Present: Jeremy Gilmore Mark S. and Austin S. Holmes have applied for a modification of Use Variance 1996-152, Condition No. 3 that restricted that variance to a Karen J. Lovasco-Sutton. The variance allowed for a studio apartment within the existing dwelling and the applicants seek to have that variance transferred to them. The subject property is shown on Assessor's Map 270 as parcel 016, commonly addressed as 90 Dunn's Pond Road, Hyannis, MA. The property is in a Residence B Zoning District. 7:30 PM Appeal 2008-018 - New Setterlund/Salted Realty Trust Bulk Variance Minimum Lot Area At the request of staff, Attorney John Kenny has requested a continuance of this appeal to March 26, 2008. Zoning Board of Appeals-Agenda-February 27,200$ Richard Setterlund, Trustee of Salted Realty Trust, has applied for a Variance to Section 240-13.E Bulk Regulations, Minimum Lot Area. The applicant is seeking the variance for a 33,390 sq.ft., undersized non-buildable lot to be developed for zoning purposes and to construct a single- family dwelling. The property is addressed as 71 Tonela Lane Cummaquid, MA, as shown on Assessor's Map 336 as parcel 063. It is in a Residence F-1 Zoning District. 7:45 PM Appeal 2008-005 - Continued Ladner Bulk Variance, Minimum Front Yard Setbacks p Opened January 23, 2008, continued to February 27, 2008. Continued at request of applicant's representative. No Board Members assigned. Needs staff report and information to Board Thomas Ladner has applied for a Variance to Section 240-1 1.E, Bulk Regulations, Minimum Front Yard Setbacks. The applicant seeks to maintain a recently built attached garage, mudroom and deck to remain as built located 11.3-feet off Frost Lane where a minimum 20-foot front yard setback is required. The property is addressed as 101 Frost Lane, Hyannis, MA and is shown on Assessor's Map 289 as parcel 013. It is in a Residence B Zoning District. 7:45 PM Appeal 2008-009 - New McKeone Home Occupation Special Permit e� Keith W. and Candace A. McKeone have petitioned'for a Special Permit for a home occupation pursuant to Section 240-46.C. The petitioner is seeking a special permit to park one work truck relating to a landscaping business at his home. The property is located at 936 Wakeby Road, Marstons Mills, MA, as shown on Assessor's Map 012 as Parcel 006. It is in the Residence F Zoning, Resource Protection Overlay, and 7:45 PM Appeal 2006-024-Continued Corey Conditional Use in a Highway Business j Members: Ron S. Jansson, James Hatfield, Daniel M. Creedon, Kelly Kevin Lydon, John T. Norman No Alternates Opened March 22, 2006 continued April 12, 2006, May 24, 2006, July 26, 2006, September 13, 2006, November 15, 2006, January 3, 2007, January 31, 2007, March 28, 2007, May 23, 2007, July 11, 2007, September 26, 2007, November 7, 2007, January 9, 2008, January 30, 2008, February 13, 2007, and to February 27, 2008. Continued for Peer Consultants review of traffic and rework of conditions based upon revised plans submitted that eliminated the access roadway onto Wequaquet Lane. Draft findings and conditions, based upon staff prior conditions and have been submitted from Attorneys Butler and Cox for Appeal 2006-024-Conditional Use Special Permit (attached). Donald J. Corey, Jr., has petitioned for a Special Permit pursuant to Section 240-25 (C)(1) Conditional Use in a Highway Business District and a Modification of Special Permit 1969-66 issued to Father McSwiney Associates Inc. The applicant seeks to demolish the existing Knights Zoning Board of Appeals-Agenda-February 27,200§ I of Columbus Hall and redevelop the site with a 9,801 sq.ft. retail building and related site improvements. Use of the site is to be that of retail sales of liquor. The property is addressed as 1030 Falmouth Road (Route 28), Centerville/Hyannis, MA, as shown on Assessor's record as Map 250 as parcel 065, in a Highway Business and Residence D-1 Zoning District. 7:45 PM Appeals 2007-009 & 010-Continued Corey Opened January 31, 2007, continued March 28, 2007, May 23, 2007, July 11, 2007, September 26, 2007, November 7, 2007, January 9, 2008, January 30, 2008, February 13, 2007, and to February 27, 2008. Given the plan changes, Staff anticipates that Appeals 2007-009 &010 will be requested to be withdrawn. Appeal 2007-009 Conditional Use Special Permit Donald J. Corey, Jr., has petitioned for a Special Permit pursuant to Section 240-25(C) Conditional Use in a Highway Business Zoning District. The applicant seeks to designate a 30- foot wide easement from Wequaquet Lane to property addressed as 1030 Falmouth Road (Route 28), Centerville/Hyannis, MA. The easement is to be developed as a driveway for access to and egress from a proposed commercial development of 1030 Falmouth Road. The easement and drive is to be created over land addressed as 28 and 0 Wequaquet Lane, Centerville, MA, and 0 and 1030 Falmouth Road, Centerville/Hyannis, MA. The property is shown on Assessor's Map 250 as parcels 024, 023X02, 023X01 and 065. The land is zoned Residence D-1 and Highway Business. Appeal 2007-010 Use Variance for Driveway Donald J. Corey, Jr., has applied for Variances to Section 240-1 1 (A) Principal Permitted Uses and Section 240-11 (E) Bulk Regulations of the Residence D-1 Zoning District. The applicant seeks to designate a 30-foot wide easement from Wequaquet Lane to property addressed as 1030 Falmouth Road (Route 28), Centerville/Hyannis, MA. The easement is to be developed as a driveway for access to and egress from a proposed commercial development of 1030 Falmouth Road. The easement and drive is to be created over land addressed; 28 and 0 Wequaquet Lane, Centerville, MA, and 0 and 1030 Falmouth Road, Centerville/Hyannis, MA. The property is shown on Assessor's Map 250 as parcels 024, 023X02, 023X01 and 065. The land is zoned Residence D-1 and Highway Business. 7:45 PM Noticed Anew - Continued Corey Appeal 2006-024, Appeal 2007-009 and Appeal 2007-010 These appeals were also re-noticed anew to allow for a new public hearing to be heard should it be necessary for quorum. Public Notices were the same as above with the notation "This Appeal is being re-noticed to allow for a new public hearing if necessary." Opened January 9, 2008, continued to January 30, 2008, February 13, 2008, and to February 27, 2008. No Members Assigned - No Testimony taken Open Chairman's Discussion Zoning Board of Appeals-Agenda-February 27,200& Date: September 5,2006 To: Building File From: R. Giangregorio Re: Violation of Zoning Code Chapter 240 Sectionsl0& 14 Owner: Keith&Candace McKeon M&P: 012-006- 936 Wakeby Road,MM Zoning: Violation of Zoning Code Chapter 240 RF 6/21/06&6/22/06 Received complaints regarding the operation of a landscape business from this address. Also complained about installation of commercial trailer here. 6/22/06 Verified trailer. (See pictures) Sent violation notice to the McKeones ordering removal of trailer by 7/5/06. Ordered the immediate cessation of commercial activity from this site. 6/26/06 Complaints received regarding the clearing of land assumed by callers to be for purposes of parking employee vehicles and landscape equipment. 6/28/06 Candace McKeon called in response to my letter.. She claimed they did not know they could not have business here. She will have the trailer removed ASAP. I advised her that employee parking is also a problem. She must finad an appropriately zoned location for business. I offered to assist in determining the proper zoning of a new location. I also told her that it is necessary for her to identify the new location for our records. 6/30/067—7/7/06 I was on vacation that week. 6/30/06 Candace McKeon called and spoke to Bob McKechnie,Local Inspector. He noted"conditions are being corrected". He advised Ms McKeon to contact me week of July 101h. 8/1/06 Local Inspector noted that the trailer is gone. Small landscape trailer,mower and some misc equipment were noted to be on site. Small blue pick up and gold minivan were parked to right of drive. (Likely employee's vehicles). 8/21/06 Called at 2:34 PM- line busy Called at 2:54 PM-left message with older child to have Candace call me before noon on the 8/22/06 or be issued a$300.00 citation. I believe that she left me a VM sometime after I left work or before I returned the next morning. 8/22/06 Left message with same older child to have Candace call me today.(No contact). 8/23/06 Issued$300.00 citation sent certified and copy by 0 class mail. No other contact since. ? Patriot Landscaping 936 Wakeby Rd Anonymous caller LS business-40'trailer&employees prkg on st Caller unable to id address but in Housing Assist home @ end of st 6/21/2006 i Keith McKeone 936 Wakeby Rd will go out-no home occup on any of HAC homes 936 Wakeby Rd pics of trailer, 2 cars in drive and truck&car on Wakeby Called Hac-prop was conveyed-will send letter to own/resident 6/22/2006 012-006 Patriot Landscaping 936 Wakeby Rd Anonymous caller trailer in residential area 6/22/2006 012-006 Keith McKeone 936 Wakeby Rd Anonymous caller trailer in residential area Same caller-appears more clearing of trees is intended 6/26/2006 Explained letter sent. Response is anticipated soon 012-006 Keith McKeone 936 Wakeby Rd Anonymous caller trailer in residential area Same caller-appears more clearing of trees is intended 6/26/2006 Explained letter sent. Response is anticipated soon-can't prevent clearing 012-006 Keith McKeone 936 Wakeby Rd Anonymous callers trailer in residential area/business is residential area Candace McKeone called. Trailer will be moved next wk. 7/1 312 0 0 6 She will work w/me to relocate business 012-006 Keith McKeone 936 Wakeby Rd Anonymous callers praise for getting rid of trailer but still appears to run business 8/8/2006 508-420-4300 many employyes parking there left mess to call me @ 8:31 AM or get$300.00 ticket 8/8/2006 she left vm-then I left message to call me 8/22/06 playing phone tag over 2 days 8/22/2006 012-006 Keith McKeone 936 Wakeby Rd Anonymous callers .,no one else can run a business from home" glad trailer is gone but still appears to run business 8/23/2006 issued$300.00 ticket#72607 8/23/2006 Page 1 NAp16l1FI,FC� I:r i ��C2un�. BAR 72607 TOWN OF AD/l(IDRESS,OF,OFFENUER,n kebq k0�� BARNSTABLE CIiV�.•SI✓[STEn_i� l/NdlFi l u 1�_ r �pk�rq,•� MVfYOP�E"R`/ATNOH„LICENSE NUMBER � P{fkl! 4 �IJ• MVrIKMB REGISTRATION NUMBER 0 F SE ( c �}�-^ NAe ti.S IE. In1n 'Low. � kr ` " �1 I r�G k Ml `1 t'S i".zaie— LJ n. TIME,AND DATE.OF,.Y��LgjTION' Y LOCATION OF VIOLATION NOTICE OF 1-�6f(A.M�/P.M.)ON 0, 9121,20U� �� (11A,�'eb� �Gt l��S�S/I��J/� W l SIGNAT RE OF ENFORCINGfPEnbN! ENFORCING DEPT.. ` 'BADGE N0: W VIOLATION )tilr>v.L_lol�,�/1C� � . r.t� Gtr l�rn tJ `n (j o OF TOWN I HEREBY ACKNOWLEDGE RECEIP4 CITATION X a ORDINANCE ` Unable to obtain,signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS IJL- 00. T) Date mailed % " W OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL Uj DISPOSITION WITH NO RESULTING CRIMINAL RECORD. LLJ REGULATION (1)You may elect to pay thf.e above fine,either by appearing Inin person between g8:30 A.M.and 4:00 P.M.,Mndey through Friday,legal holidays excepted, LLJ 1. Q before:;Th. 02G0, WITHINB. 200 TWENTY-ONE Street,( 1 DAYnal SS OF 0g1,or y mailing ails S NOTI�,money order or possl note to Barnstable Clerk,P.O.Box 2430, Hyanni CL 92 FIRST UNSTABLE DIVISION,COURT COMPOUND,ou desire to contest this matter in a (MAIN STTREET,'I3ARNSTAB E,a do-MA 02030,Attne�21 D Noncriminal Hearieat to DISTRICT ngs and enclose a copURT y of this citation for a hearing. (3)If you fall to pay the above often;:or to request a hearing within 21 days,or R you fall to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be Issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ II Signature i f NA OF OFFE DEFT RA R 72607 m eons ' TOWN OF AD�Ii{�6 7 ER^ oA d, l BARNSTABLE CITkYk////STATE.ZIP CODE.FI Mks i �T1al I MV/MB REGISTRATION NUMBER H0 ENS E ., _nLJ ' 11A5.4 W TI AND DA L TIDN OF VIO TION. W NOTICE OF - (A.M. P.M.)ON 8�z1,2oa VIOLATION SIG T EOFfIHFORC N RCIIGDEPj.r J BADGE NO. C �V•i1ILL. r OF TOWN I HEREBY ACKNOWLEDGE RE IP F CITATION X a Unable to obtai ignature of offender. �L.J�� ~ ORDINANCE THE NONCRIMINAL FINE FOR THIS OFFENSE IS d�D W Date mailed - W OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD.TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL CL W DISPOSITION WITH NO.RESULTING CRIMINAL RECORD. to REGULATION (T)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, W before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, CL Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2)If you desire to contest this matter in a noncriminal Proceeding,yyoau maayy do so by making written request to DISTRICT COURT DEPARTMENT,FIRST RRNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02830,Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or If you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense.charged,and enclose payment in the amount of$ Signature 1 , r i r m f OFOFFE DEN BAR 1 2607 TOWN OF ADQB�3 OFFEN ER^ 0 BARNSTABLE ///STATE,ZIP CODE.F7 "a>b MV/MB REGISTRATION NUMBER 0 ENSE gqj)xwq��rwers r k �v�+ •`. d O 8 LU J I 2: n� TI AND DAT L TI N OF YIO TION. W NOTICE OF - (A.M. P.M.)ON 8�zl,2o® ��aahas j l SI 7 E OF t�NFORC N , RCING 0 BADGE NO. W VIOLATION /` A F Uj OF TOWN I H EBY ACKNOWLEDGE RE IP F CITATION X a ORDINANCE Unable to obtai ignature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS 060. W Date mailed —0 G, w 0R YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL W DISPOSITION WITH NO.RESULTING CRIMINAL RECORD. N REGULATION (T)you may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, J before:The Bamstable Clerk,200 Main Street,Hyannis,MA 02601,or mailing a check,money order or postal note to Barnstable Clerk,P. Box 430, (Hy))annis.MA 02601,WITHIN TWENTY-ONE(21)DAYS p OF THE ggDATE OFlu yyTHIS NOTICE. written req RT BARN ff STABLE DIV SIONu desire to ,COURT COMPOUND,noncriminal MAIN STREET,BARNSTAB E do so by 02630,Attnn:21D Noncriminal Hearingsuest to DISTRICT and d enclose DEPARTMENT,p FIRST of this citation for a hearing. (3)If you fall to pay the above offense or to request a hearing within 21 days,or N you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense.charged,and enclose payment in the amount of$ Signature 1 Bk 21037 Pg 126 #32086 (iv) the right to void any contract for sale or any sale, conveyance or other transfer of the Property in violation of the provisions of this Restriction by an action in equity to enforce this Restriction; and (v) money damages for the cost of creating or obtaining a comparable dwelling unit for an Eligible Purchasers. (c) In addition to the foregoing, in the event of a violation of the provisions of this Restriction,the Town or the Commission may take appropriate enforcement action against the Grantee or the Grantee's successors in title, including, without limitation, legal action to compel the Grantee to comply with the requirements of this Restriction. The Grantee hereby agrees to pay all fees and expenses (including legal fees) of the Town and the Commission in the event successful enforcement action is taken against the Grantee hereunder. The Grantee hereby grants to the Town and the Commission a lien on the Property, junior to the lien of any institutional holder of a first mortgage on the Property,to secure payment of such fees and expenses in any successful enforcement action. The Town and the Commission shall be entitled to seek recovery of fees and expenses incurred in a successful enforcement action of this Restriction !' against the Grantee and to assert such a lien on the Property to secure payment by the Grantee of such fees and expenses. (d) The Grantee for himself,herself or themselves and his,her or their successors and assigns,hereby grants to the Town and the Commission the right to enter upon the Property for the purpose of enforcing the restrictions herein contained, or of taking all actions with respect to the Property which the Town and the Commission may determine to be necessary or appropriate pursuant to court order, or with the consent of the Grantee to prevent, remedy or abate any violation of this Restriction. 12. Attachments Attached to this Restriction as Exhibits A, B C and D are the Initial Disclosure Statement, a form of Eligible Purchaser Certificate,a form of Compliance Certificate and a Locality Certificate. Execut d as a sealed instrument this jIL day of /"1 200 (o. HOUSING ASSISTANCE CORPORATION B Grantor 1 c ee 1� Bk 21037 Pg 126 #32086 (iv) the right to void any contract for sale or any sale, conveyance or other transfer of the Property in violation of the provisions of this Restriction by an action in equity to enforce this Restriction; and (v) money damages for the cost of creating or obtaining a comparable dwelling unit for an Eligible Purchasers. (c) In addition to the foregoing, in the event of a violation of the provisions of this Restriction,the Town or the Commission may take appropriate enforcement action against the Grantee or the Grantee's successors in title, including, without limitation, legal action to compel the Grantee to comply with the requirements of this Restriction. The Grantee hereby agrees to pay all fees and expenses(including legal fees) of the Town and the Commission in the event successful enforcement action is taken against the Grantee hereunder. The Grantee hereby grants to the Town and the Commission a lien on the Property, junior to the lien of any institutional holder of a first mortgage on the Property,to secure payment of such fees and expenses in any successful enforcement action. The Town and the Commission shall be entitled to seek recovery of fees and expenses incurred in a successful enforcement action of this Restriction against the Grantee and to assert such a lien on the Property to secure payment by the Grantee of such fees and expenses. (d) The Grantee for himself,herself or themselves and his,her or their successors and assigns,hereby grants to the Town and the Commission the right to enter upon the Property for the purpose of enforcing the restrictions herein contained, or of taking all action's with respect to the Property which the Town and the Commission may determine to be necessary or appropriate pursuant to court order, or with the consent of the Grantee to prevent, remedy or abate any violation of this Restriction. 12. Attachments Attached to this Restriction as Exhibits A, B C and D are the Initial Disclosure Statement, a form of Eligible Purchaser Certificate,a form of Compliance Certificate'and a Locality Certificate. Execut A as a sealed instrument this gy day of 144ge 200 &. HOUSING ASSISTANCE CORPORATION B Granto G _ c ee c Bk 21037 Pg 126 #32086 (iv) the right to void any contract for sale or any sale, conveyance or other transfer of the Property in violation of the provisions of this Restriction by an action in equity to enforce this Restriction; and (v) money damages for the cost of creating or obtaining a comparable dwelling unit for an Eligible Purchasers. (c) In addition to the foregoing, in the event of a violation of the provisions of this Restriction,the Town or the Commission may take appropriate enforcement action against the Grantee or the Grantee's successors in title, including, without limitation, legal action to compel the Grantee to comply with the requirements of this Restriction. The Grantee hereby agrees to pay all fees and expenses(including legal fees) of the Town and the Commission in the event successful enforcement action is taken against the Grantee hereunder. The Grantee hereby grants to the Town and the Commission a lien on the Property, junior to the lien of any institutional holder of a first mortgage on the Property,to secure payment of such fees and expenses in any successful enforcement action. The Town and the Commission shall be entitled to seek recovery of fees and expenses incurred in a successful enforcement action of this Restriction against the Grantee and to assert such a lien on the Property to secure payment by the Grantee of such fees and expenses. (d) The Grantee for himself,herself or themselves and his,her or their successors and assigns,hereby grants to the Town and the Commission the right to enter upon the Property for the purpose of enforcing the restrictions herein contained, or of taking all actions with respect to the Property which the Town and the Commission may determine to be necessary or appropriate pursuant to court order, or with the consent of the Grantee to prevent, remedy or abate any violation of this Restriction. 12. Attachments Attached to this Restriction as Exhibits A, B C and D are the Initial Disclosure Statement, a form of Eligible Purchaser Certificate,a form of Compliance Certificate and a Locality Certificate. Execut d as a sealed instrument this IL day of /"1 200 (o. HOUSING ASSISTANCE CORPORATION B Granto � L -- c�- � ee 13 Bk 21037 Psi 1 12 432086 05-26-2006 a 11 n 48cL QUITCLAIM DEED HOUSING ASSISTANCE CORPORATION, a Massachusetts non-profit corporation with offices at 460 West Main Street, Hyannis, MA 02601 FOR CONSIDERATION PAID OF ONE HUNDRED FIFTY ONE THOUSAND and no/100 ($151, 000.00) DOLLARS GRANT WITH QUITCLAIM COVENANTS TO: KEITH W. McKEONE & CANDACE A. McKEONE, Husband and Wife, as Tenants by the Entirety, both of 936 Wakeby Road, Marstons Mills, MA 02648 fyvSw Lcw5 The land together with the buildings thereon situated in Barnstable (Marstons Mills) Barnstable County, Massachusetts, being shown as LOT 1 on a plan of land entitled "Definitive Subdivision Plan in Marstons Mills (Barnstable) Mass. Prepared for Barnstable Housing Authority by Town of Barnstable Dept. of Public Works Engineering Division which plan is recorded with Barnstable County Registry of Deeds in Plan Book 558 Page 56 . Together with all rights, restrictions, reservations, easements and rights of way of record, insofar as the same are in force and effect . Subject to Deed Rider attached hereto and incorporated herein. Being a portion of the premises conveyed to the Grantor by deed recorded with Barnstable County Registry of Deeds in Book 13615 Page 42 to which deed reference is made for title. Said conveyance does not represent all or substantially all of the assets of the corporation. FOR AUTHORITY SEE VOTE RECORDED WITH BARNSTABLE COUNTY REGISTRY OF DEEDS IN BOOK 29398 PAGE 113 . i I Bk 21037 Pg 113 #32086 MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 05-26-2006 D 11:48am Ctl*: 694 Doc': 32086 Fee: $516.42 Cons: $151000.00 BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 05-26-2006 S 11:48am Ctl': 04 Doc': 32086 Fee: $344.28 Cons: 8151000.00 WITNESS My Hand and Seal this Day of MAY 2006 . 1 HOUSING ASSISTANCE CORPORATION i BY: Fredergc . Presbrey, Execu 've i Director COMMONWEALTH OF MASSACHUSETTS Barnstable, ss MAY 25, 2006 On the date first above written, before me, the undersigned notary public, personally appeared FREDERICK B. PRESBREY, Executive Director, as aforesaid, proved to me through satisfactory evidence of identification, whi were (source of identification)/(Ncu/N (1,�,r to be the rson s) whose name is signed on the preceding or attached d current and a knowledged to me that he/she signed it voluntarily fo purpose. " Z. JAMES R.WILSON a ublic: Tames Z/1 m Notary Public My Commission Expires: 3 !�Commonwealth of MusachaO My commission Expires _ 7 Fobrunry 23, Bk 21037 Pg 114 #32086 HOME INVESTMENT PARTNERSHIPS PROGRAM AFFORDABLE HOUSING RESTRICTION This AFFORDABLE HOUSING RESTRICTION (this "Affordable Housing Restriction" or this "Restriction")is to be recorded immediately following that certain Deed from Housing Assistance Corporation (the "Grantor") to Keith and Candace McKeon (the "Grantee"), dated S od�- , conveying the property located at 936 Wakeby Road, Barnstable, Massac usetts, as more particularly described in the deed(the "Property"), and prior to any mortgagees. WITNESSETH; WHEREAS,the National Affordable Housing Act of 1990 has authorized the Home Investment Partnerships Act(hereinafter"HOME Program")to provide financial assistance through the U.S. Department of Housing and Urban Development(hereinafter "HUD"),to local governments for increasing the supply of affordable housing; WHEREAS,HUD has promulgated regulations,notices, and requirements as now or hereafter in effect, allowing units of general local government,to form a consortium for the purpose of obtaining funding as a participating jurisdiction under the HOME Program; WHEREAS, The Barnstable County HOME Consortium(the"Consortium"), consisting of the fifteen towns comprising Barnstable County was formed to receive HOME funds; WHEREAS,Barnstable County (the"County"), a duly organized and existing unit of government acting by and through the Cape Cod Commission(the "Commission",hereinafter use of the term the "Commission" shall mean the Commission and/or County; as applicable) serves as the lead entity for the Consortium and in this capacity administers the HOME funds; WHEREAS,the Commission has provided funding to Housing Assistance Corporation("HAC")for, among other things, the construction and/or renovation of the Property; WHEREAS, the Town of Barnstable(the "Town") was the prior owner of the subject parcel and conveyed it to the Barnstable Housing Authority for the purpose of providing affordable housing for persons of low and moderate incomes; WHEREAS, the Town through its Community Development Block Grant(CBDG)Progam contributed Eighty-Eight Thousand($88,000) Dollars toward the construction of Gallagher Way; WHEREAS, HAC has entered into a Regulatory Agreement and Declaration of Restrictive Covenants with the Town dated March 29, 2001 and recorded at the Barnstable County Registry of Deeds in Book 13677 at Page 239, as amended by a Restated Regulatory Agreement and Declaration of Restrictive Please return to: Affordable Housing Specialist Cape Cod Commission 3225 Main Street, P.O. Box 226 Rarnctnhia AAA IWA10 Bk 21037 Pg 115 #32086 Covenants dated April 5,2006 and recorded at Barnstable County Registry of Deeds in Book 21003 at Page 223. WHEREAS,the Commission and the Town have determined that the rights and restrictions granted herein to the Town and the Commission serve the public's interest in the creation and retention of affordable housing for low income persons and families and in the restriction of the resale price of property in order to assure its affordability.by future low income purchasers; WHEREAS, pursuant to the HOME Program,families whose incomes do not exceed 80%of the median family income as determined by HUD,with adjustments for smaller and larger families at the time of occupancy (each an"eligible purchaser")and,in the case of the first purchaser of the Property,who qualify as first-time homebuyers under the Commission's Homeownership Program Guidelines, are given the opportunity to purchase certain property below the property's appraised fair market value if the purchaser agrees to convey the property on resale to an income eligible purchaser located by the Commission for a"Maximum Resale Price"; WHEREAS, HUD periodically publishes median income statistics for Barnstable County ("the area median income"),which are utilized as the basis for defining low income; WHEREAS,the "Maximum Resale Price" is intended to insure affordability of the property to a houshold at 80%of area median income; WHEREAS the "Maximum Resale Price" shall be determined b multiplyingthe Barnstable County Y median four person family income most recently published prior to the resale by the "Maximum Resale Price Multiplier" as defined herein. The Maximum Resale Price Multiplier shall be a number derived by dividing the original sales price of the property by said median income. (For example, if the original sales price of a three-bedroom affordable unit is$120,000 and the median family income for Barnstable County at the time of the original sale is $60,000,then the Maximum Resale Price Multiplier shall be 2.00. The Maximum Resale Price shall be derived by multiplying the Maximum Resale Price Multiplier(2.00)by the most recently published area median income.) WHEREAS,the original sales price is$151.000 and the HUD family median income is$66,800; therefore, a"Maximum Resale Price Multiplier" equal.to 2.26 is hereby assigned to be used in determining the "Maximum Resale Price"of the Property; In the event that the Maximum Resale Price formula results in a price that is more than a household(size for calculation purposes is number of bedrooms in the property plus one)at 80%of area median income can afford,then the Maximum Resale Price will be the sales price at which said household at 80%of area median income could afford to pay. In determining this amount, 1)no more than 30%of the household's gross income may be allocated to housing costs(mortgage,real estate taxes,house and private mortgage insurance, and any homeowners' association or condominium fees); 2) current interest rates offered for 30 year, no point fixed rate loans with down payments of 5% of total cost shall be applied; and 3) current real estate taxes in the municipality in which the property is located shall be used. NOW THEREFORE, as further consideration from the Grantee to the Grantor, the Town, HAC and the Commission for the conveyance of the Property at a discount in accordance with HOME and CBDG, the Bk 21037 Pg 116 #32086 Grantee, its heirs, successors, and assign, hereby agrees that the Property shall be subject in perpetuity to the following rights and restrictions which are hereby imposed for the benefit of, and shall be enforceable by,the Grantor's assignees and designees,the Town, or its successors, assigns,agents and designees, HAC, or its successors, assigns, agents and designees,the Commission, or its successors, assign,agents and designees: 1. Owner Occupancy,Restriction Against Leasing,Refinancing or Encumbering (a) The Property shall not be leased, refinanced,encumbered(voluntarily or otherwise)or mortgaged without the prior written consent of the Town and the Commission, provided, however,that this provision shall not apply to mortgages granted in connection with this conveyance. The Grantee must occupy the Property as his/her year-round residence, and may not rent any portion of the Property without the express written consent of the Town and the Commission. . (b) Any rents,profits, or proceeds from any transaction described in the last preceding sentence which transaction has not received the prior written consent of the Town and the Commission shall be paid to the Town and the Commission. In the event that the Town and the Commission, in the exercise of their absolute discretion, consents to any such lease,refinancing, encumbrance or mortgage, it shall be a condition to such consent that all rents,profits or proceeds from such transaction which exceed the carrying costs of the Property, as determined by the Town and the Commission in its sole discretion, shall be paid to the Town and the Commission. 2. Ri h�Refusal of the Town,HAC and the Commission, Sale by Grantee (a) When the Grantee or any successor in title to the Grantee shall desire to sell,dispose or otherwise convey the Property, or any portion or interest thereof, the Grantee shall notify the Town or its designee, HAC or its designee and the Commission or its designee in writing of the Grantee's intention to so convey the Property (the "Grantee's Notice"). Within thirty (30) days of the Town's receipt of the Grantee's Notice, the Town or its designee shall notify the Grantee in writing as to whether the Town shall exercise its right of first refusal to purchase the Property and/or is proceeding to locate an eligible purchaser of the Property (the "Town's Notice"). (b) In the event the Town or its designee, within said thirty (30) day period,notifies the Grantee of the Town's intention to exercise the Town's right of first refusal to purchase the property and/or to locate an eligible purchaser of the Property, the Town may, within one-hundred twenty (120) days of the date of the Town's Notice to the Grantee, elect to purchase the Property itself subject to the restrictions herein contained and at the Maximum Resale Price or locate an eligible purchaser to purchase the Property subject to the restrictions herein contained and at the Maximum Resale Price. The Grantee may also locate an eligible purchaser within said one-hundred twenty (120)day period and submit such eligible purchaser to the Town in writing. If more than one eligible purchaser is located, the Town or its designee shall conduct a lottery or other like procedure in the Town's sole discretion to determine which eligible purchaser shall be entitled to the conveyance of the Property at the Maximum Resale Price, subject to the restrictions set forth herein. (c) In the event that the Town's Notice states that the Town does not intend to proceed to locate an eligible purchaser and that the Town does not intend to exercise its right of first refusal to purchase the Bk 21037 Pg 117 #32086 Property, or the Town fails to give the Town's Notice within the time period specified above,within thirty (30) days of HAC's receipt of the Town's Notice, or the expiration of such period, whichever is applicable,the HAC or its designee shall notify the Grantee in writing as to whether HAC shall exercise its second right of refusal to purchase the Property and/or is proceeding to locate an eligible purchaser of the Property ("HAC's Notice"). (d) In the event HAC or its designee,within said thirty (30) day period, notifies the Grantee of HAC's intention to exercise HAC's right of first refusal to purchase the property and/or to locate an eligible purchaser of the Property, HAG may, within one-hundred twenty (120) days of the date of HAC's Notice to the Grantee, elect to purchase the Property itself subject to the restrictions herein contained and at the Maximum Resale Price or locate an eligible purchaser to purchase the Property subject to the restrictions herein contained and at the Maximum Resale Price. The Grantee may also locate an eligible purchaser within said one-hundred twenty (120)day period and submit such eligible purchaser to HAC in writing. If more than one eligible purchaser is located,HAC or its designee shall conduct a lottery or other like procedure in HAC's sole discretion to determine which eligible purchaser shall be entitled to the conveyance of the Property at the Maximum Resale Price, subject to the restrictions set forth herein. (e) In the event that HAC's Notice states that HAC does not intend to proceed to locate an eligible purchaser and that HAC does not intend to exercise its right of first refusal to purchase the Property, or HAC fails to give HAC's Notice within the time period specified above,then within thirty (30)days of the Commission's receipt of such Notice,or the expiration of such period,whichever is applicable,the Commission or its designee shall notify the Grantee in writing as to whether the Commission shall exercise its third right of refusal to purchase the Property and/or is proceeding to locate an eligible purchaser of the Property (the "Commission's Notice"). (f) In the event the Commission or its designee;within said thirty(30) day period, notifies the Grantee of the Commission's intention to exercise the Commission's right of first refusal to purchase the property and/or to locate an eligible purchaser of the Property, the Commission may, within one-hundred twenty (120) days of the date of the Commission's Notice to the Grantee, elect to purchase the Property itself subject to the restrictions herein contained and at the Maximum Resale Price or locate an eligible purchaser to purchase the Property subject to the restrictions herein contained and at the Maximum Resale Price. The Grantee may also locate an eligible purchaser within said one-hundred twenty (120) day period and submit such eligible purchaser to the Commission in writing. If more than one eligible purchaser is located,the Commission or its designee shall.conduct a lottery or other like procedure in the Commission's sole discretion to determine which eligible purchaser shall be entitled to the conveyance of the Property at the Maximum Resale Price, subject to the restrictions set forth herein. (e) In the event that the Commission's Notice states that the Commission does not intend to proceed to locate an eligible purchaser and that the Commission does not intend to exercise its right of first refusal to purchase the Property, or the Commission fails to give the Commission's Notice within the time period specified above, the Grantee shall use diligent efforts to find an eligible purchaser to purchase the Property, subject to the restrictions herein contained and at the Maximum Resale Price,within one hundred twenty (120) days from the date the Property is put on the market, as determined by the date of the first advertisement for sale, as set forth below. The term"diligent efforts"as used herein shall mean: 1)the placement of an advertisement in the real estate section of at least one newspaper of general 4 Bk 21037 Pg 118 #32086 circulation for a period of three(3)consecutive weeks which sets forth a customary description of the home for sale,the Maximum Resale Price, Grantee's telephone number,and the phrase"Sale of home subject to certain guidelines and restrictions with respect to the maintenance and retention of affordable housing for low income households;" and 2)the receipt of satisfactory evidence that the new purchaser qualifies as an eligible purchaser. (f) If the Grantee is unable to locate an eligible purchaser within the one hundred twenty (120) days after the date the Property is put on the market, the Grantee may convey the Property to any third party subject,however,to all restrictions set forth herein, including the requirement that any subsequent sale be to an eligible purchaser for the Maximum Resale Price,and subject to an affordable housing restriction satisfactory in form and substance to the Town and the Commission. In the event the Property is sold to a non-income eligible household prior to the date ten(10)years after the date on which the first affordable housing restriction for the Property was recorded(the "HOME Affordability Period"), then such purchaser shall pay the Commission twenty-five thousand ($25,000.00) dollars, as repayment for the HOME funds invested in the Property. Under such circumstances only, the Grantee shall be permitted to increase the Maximum Resale Price by such amount. (g) Any such purchaser of the Property shall also acknowledge at the time of mortgage loan application that he/she/it has read the Initial Disclosure Statement attached hereto as Exhibit A and understands the restrictions imposed on him/her/it in the event he/she/it decides to sell any portion of the Property. 3. Resale and Transfer Procedure (a) The deed for the Property shall be delivered and the purchase price paid(the "Closing")at the Barnstable County Registry of Deeds or the Barnstable County Registry District of the Land Court, as applicable,or at the option of the eligible purchaser,the non-eligible purchaser,the Commission,HAC or the Town, exercised by written notice to the Grantee at lease five(5) days prior to the delivery of the deed, at such other place as the eligible purchaser,the non-eligible purchaser,the Commission, HAC or the Town may designate in said notice. The Closing shall occur at such time and on such date as shall be specified in written notice from the eligible purchaser,the non-eligible purchaser,the Commission,HAC or th Town to the Grantee,which date shall be at lease five(5)days after the date on which such notice is given, and(i) if an eligible purchaser is located by the Town,HAC,the Commission or the Grantee,or(ii) if the Town, HAC or the Commission is purchasing the Property, no later than one hundred twenty (120) days after the Town's Notice,HAC's Notice or the Commission's Notice is given to the Grantee, or if a non-eligible purchaser is purchasing the Property,no later than two hundred forty (240) days after the Property is put on the market. (b) The Property shall be conveyed by the Grantee to the eligible purchaser,the non-eligible purchaser, the Town, HAC or the Commission, as applicable,by a good and sufficient quitclaim deed conveying a good and clear record and marketable title to the Property free from all encumbrances except (i) such taxes for the then current.year as are not due and payable on the date of delivery of the deed, (ii) any lien for municipal betterments as are not due and payable on the date of delivery of the deed,(iii) provision of local building and zoning laws, (iv)all easements,restrictions,covenants and agreements of record specified in the deed (v) such additional easements,restrictions,covenants and agreements of record as the Commission may consent to, such consent not to be unreasonably withheld or delayed, and(vi) in the event that the Property is conveyed to any purchaser other than the Commission, an affordable 5 i i l Bk 21037 Pg 119 #32086 housing restriction satisfactory in form and substance satisfactory to the Commission which the Grantee hereby agrees to record immediately following said deed. (c) To enable Grantee to make conveyance as herein provided, Grantee may if he/she so desires at the time of delivery of the deed,use the purchase money or any portion thereof(in an amount not to exceed the Maximum Resale Price)to clear the title of any or all encumbrances or interests; all instruments so procured to be recorded simultaneously with the delivery of said deed. (d) Water and sewer use charges and taxes for the then current tax period shall be apportioned and fuel value shall be adjusted as of the date of Closing and the next amount thereof shall be added to or deducted from, as the case may be,the purchase price payable by the eligible purchaser, the non-eligible purchaser, the Town, HAC or the Commission. (e) Full possession of the Property free from all occupants is to be delivered at the time of the Closing,the Property to be then in the same condition as it is in on the date hereof, reasonable wear and tear and improvements only excepted. (f) If Grantee shall be unable to give title or to make conveyance as above stipulated, or if any change of condition in the Property not included in the above exception shall occur,then Grantee shall be given a reasonable time not to exceed thirty (30)days after the date on which the Closing was to have occurred in which to remove any defect in title or to.restore the Property to the condition hereby provided. The Grantee shall use best efforts to remove any such defects in title whether voluntary or involuntary and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The Closing shall occur within fifteen(15) days after notice by Grantee that such defect has been cured or that the Property has been so restored at such time and on such date as shall be specified in written notice from the eligible purchaser,the non-eligible purchaser,the Town, HAC or the Commission to the Grantee. The eligible purchaser,the non-eligible purchaser,the Town,HAC or the Commission shall have the election, at either the original or any extended time for performance,to accept such title as the Grantee can deliver to the Property in its then condition and to pay therefore the purchased price without deduction, in which case the Grantee shall convey such title, except that in the event of such conveyance in accordance with the provisions of this clause, if the Property shall have been damaged by fire or casualty insured against or if a portion of the Property shall have been taken by a public authority, then the Grantee shall, unless the Grantee has previously restored the Property to its former condition, either: 1) pay over or assign to the eligible purchaser,the non-eligible purchaser,the Town,HAC or the Commission, as applicable,on delivery of the deed,all amounts recovered or recoverable on account of such insurance or condemnation award, less any amounts reasonably expended by the Grantee for any partial restoration; or 2) if a holder of a mortgage on the Property shall not permit the insurance proceeds or the condemnation award or a part thereof to be used to restore the Property to its former condition or to be so paid over or assigned, give to the eligible purchaser,the non-eligible purchaser,the Town,HAC or the Commission, as applicable, a credit against the purchase price,on delivery of the deed,equal to said amounts so retained by the holder of the said mortgage less any amounts reasonably expended by the Grantee for any partial restoration. (g) Any such purchaser of the Property shall also acknowledge at the time of the mortgage loan closing that he/she/it has read the Initial Disclosure Statement attached hereto as Exhibit A and understands the restrictions imposed on him/her/it in the event he/she/it decides to sell any portion of the Property. I Bk 21037 Pg 120 #32086 4. Resale and Transfer Restrictions (a) Except as otherwise stated herein,the Property or any interest therein shall not at any time be sold by the Grantee,the Grantee's successors and assigns, and no attempted sale shall be valid, unless the aggregate value of all consideration and payment of every kind given or paid by the eligible purchaser,the non-eligible purchaser,the Town, HAC or the Commission, as applicable,to the Grantee for an in connection with the transfer of such Property, is equal to or less than the Maximum Resale Price for the Property, and (i) if the Property is conveyed to an eligible purchaser,a certificate in the form attached hereto as Exhibit B (the"Eligible Purchaser Certificate") is obtained and recorded, signed and acknowledged by the Town or its designees or the Commission or its designee which refers to the Property,the Grantee thereof,the eligible purchaser thereof, and the Maximum Resale Price therefor,and states that the proposed conveyance, sale or transfer of the Property to the eligible purchaser is in compliance with the rights,restrictions, covenants and agreements contained in this Restriction, and unless there is also recorded a new affordable housing restriction executed by the eligible purchaser which new restriction the Eligible Purchaser Certificate certifies is satisfactory in form and substance to the Town or the Commission,or the Town or the Commission waives the right to enforce the restrictions set forth herein or any of them in connection with the proposed conveyance, sale or transfer,or (ii) if the Property is conveyed to a non-eligible purchaser, a certificate in the form attached hereto as Exhibit C(the "Compliance Certificate")is obtained and recorded, signed and acknowledged by the the Commission or its designee which refers to the Property, the Grantee thereof,the non- eligible purchaser thereof, and the Maximum Resale Price therefor,and states that(a)the non-eligible purchaser has satisfied the requirement to repay the HOME funds invested in the Property and (b) the proposed conveyance, sale or transfer of the Property to the non-eligible purchaser is in compliance with the rights,restrictions,covenants and agreements contained in this Restriction, and unless there is also recorded a new affordable housing restriction executed by the non-eligible purchaser which new restriction the Compliance Certificate certifies is satisfactory" in form and substance to the Commission, or the Commission waives the right to enforce the restrictions set forth herein or any of them in connection with the proposed conveyance, sale or transfer, or (iii) if the Property is conveyed to HAC a certificate in the form attached hereto as Exhibit D (the "Locality Certificate") is obtained and recorded, signed and acknowledged by the Town or tis designee or the Commission or its designee which refers to the Property,the Grantee thereof, the eligible purchaser thereof,and the Maximum Resale Price therefor,and states that the proposed conveyance, sale or transfer of the Property to the HAC is in compliance with the rights, restrictions, covenants and agreements contained in this Restriction, and unless there is also recorded a new affordable housing restriction executed by HAC which new restriction the Locality Certificate certifies is satisfactory in form and substance to the Town or the Commission, or the Town or the Commission waives the right to enforce the restrictions set forth herein or any of them in connection with the proposed conveyance, sale or transfer, or (iv) if the Property is conveyed to the Town or the Commission the acceptance by the Town or the Commission of the deed of the Property from the Grantee, and the recording of such deed shall 7 Bk 21037 Pg 121 #32086 be deemed conclusive evidence that all rights,restrictions, covenants and agreements set forth in this Restriction have been complied with and no certificate to that effect shall be necessary to establish the validity of such conveyance. (b) Any good faith purchaser of the Property, any lender or other party taking a security interest in such Property, and any other third party may rely upon a Certificate of the type referred to in this Restriction referring to the Property as conclusive evidence of the matters stated therein and may record such Certificate in connection with conveyance of the Property,provided, in the case of an Eligible Purchaser Certificate,Compliance Certificate or Locality Certificate,the consideration recited in the deed or other instrument conveying the Property upon such resale shall not be greater than the consideration stated in the Certificate. (c) Within ten(10)days after the Closing of the conveyance of the Property,the Grantee shall deliver to the Town or its designees or the Commission or its designee a true and certified copy of the deed of the Property as recorded, together with information as to the place of recording thereof in the public records. The failure of the Grantee, or Grantee's successors or assigns,to comply with the preceding sentence shall not affect the validity of such conveyance. (d) Notwithstanding anything to the contrary contained in this Restriction, it is the intention of the Town and the Commission that the application of the resale formula shall not result in a Maximum Resale Price which is less than the purchase price which the Grantee paid for the Property. If the application of the resale formula will result in a Maximum Resale Price which is less than the purchase price that the Grantee paid for the Property,the Commission shall substitute therefore a resale formula which results in a Maximum Resale Price which is equal to the purchase price which the Grantee paid for the Property. (e) The Grantee understands and agrees that the last preceding sentence merely places a ceiling on the amount which the grantee can receive on the resale of the Property and does not in any way constitute a promise or guarantee by the Town of the Commission that the Grantee shall actually receive the Maximum Resale Price for the Property or any other price for the Property. 5. Covenants to Run With the Property (a) The Grantee, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,hereby grants and assigns to the Town;the Town's agents, successors, designees and assigns, HAC, HAC's agents, successors, designees and assigns,and the Commission,the Commission's agents, successors, designees and assigns,the first, second and third rights of refusal to purchase the Property as set forth herein, and the right to enforce the rights,restrictions, covenants and agreements set forth in this Affordable Housing Restriction. The Grantee hereby grants to the Commission,the Town and HAC the right to enter upon the Property for the purpose of enforcing any and all of the restrictions, covenants and agreements herein contained, and to enforce the Town's,HAC's and the Commission's first, second and third rights of refusal to purchase the Property and the rights of the Town, HAC and the Commission to designate a purchaser of the Property as set forth herein, and of taking all actions with respect to the Property which the Town, HAC or the Commission may determine to be necessary or appropriate, with or without court order, to prevent, remedy or abate any violation of the restrictions, covenants and agreements and to enforce the Town's,HAC's and the Commission's first, second and third right of refusal to purchase the Property, and the right of the Town, HAC and the Commission to R Bk 21037 Pg 122 #32086 designate a purchaser of the Property set forth herein. The rights hereby granted to the Town,HAC and the Commission shall be in addition to and not in limitation of any other rights and remedies available to the Town, HAC and the Commission for enforcement of the restrictions,rights, covenants and agreements set forth in this Affordable Housing Restriction. It is intended and agreed that all of the agreements, covenants,rights and restrictions set forth above shall be deemed to be covenants running with the Property and shall be binding upon and enforceable against the Grantee, the Grantee's successors and assigns and any party holding title to the Property, for the benefit of and enforceable by the Town, its agents,successors, designees and assigns,HAC, its agents, successors,designees and assigns, and the Commission, its agents, successors, designees and assigns, for a period which is the shorter of perpetuity or the longest period allowed by law from the date of recording of this Affordable Housing Restriction unless one of the following events occur: 1)the recording of an Eligible Purchaser Certificate and a new affordable housing restriction executed by the eligible purchaser referenced in the Eligible Purchaser Certificate,which new affordable housing restriction the Eligible Purchaser Certificate certifies is in form and substance satisfactory to the Commission, or 2)the recording of a Compliance Certificate and a new affordable housing restriction executed by the non-eligible purchaser referenced in the Compliance Certificate, which new affordable housing restriction the Compliance Certificate certifies is in form and substance satisfactory to the Commission and the Town, or 3)the recording of a Locality Certificate and a new affordable housing restriction executed by the Town or HAC, which new affordable housing restriction the Locality certifies is in form and substance satisfactory to the Commission, or 4) the conveyance of the Property to the Commission or the Town (b) This Affordable Housing Restriction and all of the agreements,restrictions,rights and covenants contained herein shall be deemed to be an affordable housing restriction as that term is defined in M.G.L. c. 184, § 31 and as that term is used in M.G.L. c. 184, §§ 26, 31, 32, and 33. (c) The Grantee intends, declares and covenants on behalf of himself,his heirs,successors and assigns 1)that this Affordable Housing Restriction and the covenants, agreements,rights and restrictions contained herein shall be and are covenants running with the land, encumbering the Property in perpetuity, and are binding upon the Grantee's successors in title, 2) are not merely personal covenants of the Grantee, and 3) shall bind the Grantee,his heirs, successors and assigns and inure to the benefit of the Town,the Town's successors and assigns, HAC and HAC's successors and assigns, and the Commission and the Commission's successors and assigns for the term of this Affordable Housing Restriction. Grantee 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 Affordable Housing Restriction to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. (d) Without limitation on any other rights or remedies of the Town,the Town's agents, successors, designees and assigns,HAC,HAC's agents, successors,designees and assigns,and the Commission,the Commission's agents, successors, designees and assigns,any sale or other transfer or conveyance of the Property in violation of the provisions of this Affordable Housing Restriction, shall, to the maximum extent permitted by law,be voidable by the Town,the Town's agents, successors, designees and assigns, HAC, HAC's agents, successors, designees and assigns, and the Commission,the Commission's agents, successors, designees and assigns,by suit in equity to enforce such rights,restrictions, covenants, and agreements. Bk 21037 Pg 123 #32086 6. Rights of Mortgagees (a) The holder of record (other than the Grantor or any person related to the Grantor by blood, adoption, or marriage, or any entity in which the Grantor has a financial interest)of a first mortgage granted to a state or national bank, state or federal savings and loan association, cooperative bank, mortgage company,trust company, insurance company or other institutional tender or its successors or assigns (other than the Grantor, or any person related to the Grantor by blood, adoption or marriage, or any entity in which the Grantor has a financial interest) may acquire the Property by reason of foreclosure or similar remedial action under the provisions of such mortgage or upon conveyance of the Property in lieu of foreclosure, and provided that the holder of such mortgage has given the Town,HAC and the Commission not less than(60) days prior written notice of its intention to foreclose upon its mortgage or to accept a conveyance of the Property in lieu of foreclosure. The rights and restrictions contained herein including, but not limited to, the Maximum Resale Price shall continue to apply to the Property (b) The Grantee grants to the Town, HAC and the Commission, the right and option to purchase the Property upon receipt by the Town. HAC and the Commission of written notice of an impending foreclosure against the Property. In the event the Town,HAC or the Commission intends to exercise its option,the Town or Monitoring Agent shall notify the holder of the mortgagee within thirty (30) days of receipt of said notice and shall purchase within sixty(60) days of receipt of said notice. If the Town, HAC or the Commission exercises its option to purchase the Property, it shall purchase the Property at a price equal to the greater of 1)the Maximum Resale Price or 2)the sum of the outstanding principal balance of the note secured by such mortgage plus all future advances,accrued interest and all reasonable costs and expenses which the holder is entitled to recover pursuant to the terms of the mortgage (the"Mortgage Satisfaction Amount"). In order to determine the Maximum Resale Price of the Property at the time of foreclosure or other proceeding,the Town, HAC or the Commission may, at its own expense, obtain an appraisal of the fair market value of the Property satisfactory to such holder. The Maximum Resale Price shall be determined as set forth above in this Restriction. The deed to the Town, HAC or the Commission shall be recorded with an affordable housing restriction containing all of the rights and restrictions set forth in this Restriction and otherwise satisfactory in form to Monitoring Agent. Any excess received by the holder over the Mortgage Satisfaction Amount shall be paid to the Town and the Commission in consideration of the loss of the value and benefit of the rights and restrictions herein contained held by the Town and the Commission and released by the Town and the Commission pursuant to this section in connection with such proceeding,provided,that in the event that such excess shall be so paid to the Town and the Commission, the Town and the Commission shall thereafter indemnify such holder against loss or damage to such holder resulting from any claim made by any other party to the extent that such claim is based upon payment of such excess by such holder to the Town and the Commission in accordance herewith and provided that such holder shall give the Town and the Commission prompt notice of any such claim and shall not object to intervention by the Town and the Commission in any proceeding relating thereto). (c) . In the event such holder conducts a foreclosure or other proceeding enforcing its rights under such mortgage,the foreclosure purchaser,who shall be an Eligible Purchaser, shall purchase the Property at a price equal to the greater of 1)the Maximum Resale Price or 2)the sum of the outstanding principal balance of the note secured by such mortgage plus all future advances, accrued interest and all reasonable costs and expenses which the holder is entitled to recover pursuant to the terms of the mortgage;provided however that the original loan shall not exceed 100%of the Maximum Resale Price when the loan was 1n f Bk 21037 Pg 124 #32086 made(the"Mortgage Satisfaction Amount"). The Maximum Resale Price shall be determined as set forth above in this Restriction. The deed to the foreclosure purchaser shall be recorded with an affordable housing restriction containing all of the rights and restrictions set forth in this Restriction and otherwise satisfactory in form to the Town which the Foreclosure Purchaser, as a condition to such purchase, agrees to record immediately following said deed. Any excess received by the holder over the Mortgage Satisfaction Amount shall be paid to the Town and the Commission(provided, that in the event that such excess shall be so paid to the Town and the Commission,the Town and the Commission shall thereafter indemnify such holder against loss or damage to such holder resulting from any claim made by any other party to the extent that such claim is based upon payment of such excess by such holder to the Town and the Commission in accordance herewith,provided that such holder shall give the Town and the Commission prompt notice of any such claim and shall not object to intervention by the Town and the Commission in any proceeding relating thereto). 7. Notice Any notices, demands or requests that may be given under this Restriction shall be sufficiently served if given in writing and delivered by hand or mailed by certified or registered mail,postage prepaid,return receipt requested, to the parties hereto at the addresses set forth below, or such other addresses as may be specified by any party by such notice. Commission: Affordable Housing Specialist Cape Cod Commission 3225 Main Street- P.O. Box 226 Barnstable, MA 02630 HAC: Housing Assistance Corp. 460 West Main Street Hyannis, Massachusetts 02601 Town: Town Manager, Town of Barnstable 367 Main Street Hyannis, MA 02601 Grantee: Keith w. McKeone and Candace A. McKeone 936 Wakeby Lane Marstons Mi11s,. MA Any such notice, demand or request shall be deemed to have been given on the day it is hand delivered or mailed. 11 Bk 21037 Pg 127 #32086 COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: 11f.0 '-- ,200 6 On this 2 f day of M . ,2006 ,before me,the undersigned notary public, personally appeared Frederic B. P esbrey proved to me through satisfactory evidence of identification,which were personal knowledge ,to be the person whose name is signed on the preceding or attached document and ac wledged that s/he signed it voluntarily for its stated purpose. JAMES R.WILSON Notary Public COMMOMvealth of Massachusetts My Commission Expires No Public James 6. Wilson Fabruluy 23,2007 y County expires; 2/23/07 COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: 20.0i On this 26 day of /1'I , 2006 ,before me,the undersigned notary public, personally appeared Keith W. McKeone and Candace A. McKeone , proved to me through satisfactory evidence of identification,which were MA drivers' licenses ,to be the person whose name is signed on the preceding or attached docum ,and ac owledged that s/he signed it voluntarily for its stated purpose. ,i'—'x JAMES R.WILSON Notary Public N ry Public James/R. Wilson J Commwimatth of Massachus 2 23 07 / My Commission Expires y County expires: / / r Fobrua y?3,2007 14 Bk 21037 Pg 128 #32086 BARNSTABLE COUNTY HOME CONSORTIUM BY BARNSTABLE COUNTY, lead entity BY: BY: BY: As Barnstable County Commissioners COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: Q 200_tp On this 2 A day of ,200_�Q_,before me,the undersigned notary public, personally appeared \\� L1CL_��ear 1u� �T Z.PI�r proved to me through. satisfactory evidence of identification,which-wer& to best-K,, ersons whose names are signed on the preceding or attached document,and acknowledged th 't $ voluntarily for its stated purpose. ' `�` ` Mp a 4otary Pu fSO ',rr" j �I My County expires: �O)lG�Zu1Z ' ' '(X.4.4 •o. r,,. 1.�i i Bk 21037 Pg 131 #32086 shall purchase the Property no later than two hundred forty (240) days after the.property is put on the market. All notices required in this Disclosure Statement must be given in writing and by hand delivery or posted in the United States mail by registered or certified mail,return receipt requested. PLEASE DIRECT ALL CORRESPONDENCE AND QUESTIONS TO: Affordable Housing Specialist Cape Cod Commission 3225 Main Street P.O. Box 226 Barnstable, MA 02630 This Disclosure Statement is provided to the borrower for convenience only. The rights and obligations of the parties are governed by the affordable housing restriction for the Property, not this Disclosure Statement. In the event of any conflict between this Statement and the Restriction,the terms of the Restriction shall govern. The undersigned borrower agrees to be bound and acknowledge that he or she has read this Disclosure Statement and understands the benefits and the restrictions of HOME,including the future restrictions on the sale price, and acknowledges receipt of a copy of this Disclosure Statement. AFFIRMATION AT LOAN CLOSING Witness: (Typed Name of Borrower) (Signature of Borrower) (Typed Name of Borrower) (Signature of Borrower) Dated: 1R Bk 21037 Pg 132 #32086 COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: , 200_ On this day of ,200_,before me,the undersigned notary public, personally appeared proved to me through satisfactory evidence of identification,which were to be the person whose name is signed on the preceding or attached document,and acknowledged that s/he signed it voluntarily for its stated purpose. Notary Public My County expires: I A, Bk 21037 Pg 133 #32086 Exhibit B HOME INVESTMENT PARTNERSHIPS PROGRAM ELIGIBLE PURCHASER CERTIFICATE The undersigned, being the Barnstable County Commissioners(the "County"),which is organized and existing under the laws of The Commonwealth of Massachusetts, whose address is Superior Court House, Main Street, Barnstable, Massachusetts 02630, certify as follows with respect to a certain affordable housing restriction recorded immediately following that certain deed to (the "Grantee") dated recorded with the Barnstable County Registry of Deeds in Book Page or filed for registration with the Barnstable County Registry District of the Land Court as Document No. , and noted on Certificate of Title No. (the "Restriction"): 1. The Property referred to herein is the Property described in the Restriction. 2. is/are the eligible purchaser(s)of the Property. 3. The Maximum Resale Price for the Property is$ The consideration to be paid by the eligible purchaser(s)to the Grantee for the purchase of the Property is 4. The conveyance of the Property by the Grantee to the eligible purchaser is in compliance with the rights,restrictions,covenants and agreement contained in the Restriction. 5. The eligible purchasers(s) of the Property have executed an affordable housing restriction with respect to the Property which is satisfactory in form and substance to the County. 6. The County hereby acknowledges and confirms that upon the conveyance of the Property by the Grantee to the eligible purchaser(s),the recording of the affordable housing restriction executed by the eligible purchaser(s)more fully described in paragraph 5 hereof,and the recording of this Eligible Purchaser Certificate, that the rights, restrictions,agreements, and covenants contained in the Grantee's Restriction shall be null and void. 7. All defined terms used herein shall have the definitions set forth in the Restriction unless otherwise defined herein. Executed as a sealed instrument this day of ,20 BARNSTABLE COUNTY By: By: By: As Barnstable County Commissioners 90 Bk 21037 Pg 134 #32086 COMMONWEALTH OF-MASSACHUSETTS Barnstable,*ss: ,200_ On this day of ,200_, before me,the undersigned notary public, personally appeared proved to me through satisfactory evidence of identification,which were to be the person whose name is signed on the preceding or attached document, and acknowledged that s/he signed it voluntarily for its stated purpose. Notary Public My County expires; �1 Bk 21037 Pg 135 #32086 Exhibit C HOME INVESTMENT PARTNERSHIPS PROGRAM COMPLIANCE CERTIFICATE The undersigned,being the Barnstable County Commissioners(the "County"),which is organized and existing under the laws of The Commonwealth of Massachusetts,whose address is Superior Court House, Main Street, Barnstable, Massachusetts 02630, certify as follows with respect to a certain affordable housing restriction recorded immediately following that certain deed from (the "Grantor") to (the "Grantee") dated ,recorded with the Barnstable County Registry of Deeds in Book -, Page or filed for registration with the Barnstable County Registry District of the Land Court as Document No. and noted on Certificate of Title No. (the "Restriction"). 1. The Property referred to herein is the Property described in the Restriction. 2. The Commission has been unable to locate an eligible purchaser for the Property or has elected not to locate an eligible purchaser for the Property,and the Commission has elected not to exercise its right of first refusal to purchase the Property, all as described in the Restriction. 3. The Grantee has satisfied the requirement to repay the HOME funds invested in the Property by paying the Commission ($ .00) dollars;and the Maximum Resale Price had been increased by such amount. 4. The Maximum Resale Price for the Property is $ The consideration to be paid by the eligible purchaser(s)to the Grantee for the purchase of the Property is 5. The purchasers(s) of the Property have executed an affordable housing restriction with respect to the Property which is satisfactory in form and substance to the County. 6. The County hereby acknowledges and confirms that upon the conveyance of the Property by the Grantee to the purchaser(s), the recording of the affordable housing restriction executed by the purchager(s)more fully described in paragraph 5 hereof,and the recording of this Compliance Certificate, that the rights, restrictions, agreements, and covenants contained in the Grantee's Restriction shall remain in effect.. 7. All defined terms used herein shall have the definitions set forth in the Restriction unless otherwise defined herein. Bk 21037 Pg 136 #32086 I Executed as a sealed instrument this day of ,20 BARNSTABLE COUNTY By: By: By: As Barnstable County Commissioners COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: ,200_ On this day of ,200`,before me,the undersigned notary public, personalty appeared , proved to me through satisfactory evidence of identification,which were ,to be the person whose name is signed on the preceding or attached document,and acknowledged that s/he signed it voluntarily for its stated purpose. Notary Public My County expires: i Bk 21037 Pg 137 #32086 Exhibit D HOME INVESTMENT PARTNERSHIPS PROGRAM LOCALITY CERTIFICATE The undersigned,being the Barnstable County Commissioners(the "County"),which is organized and existing under the laws of The Commonwealth of Massachusetts, whose address is Superior Court House, Main Street, Barnstable, Massachusetts 02630, certify as follows with respect to a certain affordable housing restriction recorded immediately following that certain deed to (the "Grantee") dated recorded with the Barnstable County Registry of Deeds in Book Page or filed for registration with the Barnstable County Registry District of the Land Court as Document No. , and noted on Certificate of Title No. (the "Restriction"): 1. The Property referred to herein is the Property described in the Restriction. 2. has exercised its first/second right of refusal to purchase the Property. 3. The Maximum Resale Price for the Property is $ The consideration to be paid by the to the Grantee for the purchase of the Property is $ 4. The conveyance of the Property by the Grantee to is in compliance with the rights,restrictions,covenants and agreement contained in the Restriction. 5. has executed an affordable housing restriction with respect to the Property which is satisfactory in form and substance to the County. 6. The County hereby acknowledges and confirms that upon the conveyance of the Property by the Grantee to ,the recording of the affordable housing restriction executed by more fully described in paragraph 5 hereof,and the recording of this Locality Certificate, that the rights, restrictions, agreements, and covenants contained in the Grantee's Restriction shall be null and void. 7. All defined terms used herein shall have the definitions set forth in the Restriction unless otherwise defined herein. 94 Bk 21037 Pg 138 #32086 Executed as a sealed instrument this day of , 20 BARNSTABLE COUNTY By: By: By: As Barnstable County Commissioners COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: ,200_ On this day of ,200_,before me,the undersigned notary public, personally appeared proved to me through satisfactory evidence of identification,which were to be the person whose name is signed on the preceding or attached document,and acknowledged that s/he signed it voluntarily for its stated purpose. Notary Public My County expires: BARNSTABLE REGISTRY OF DEEDS 95 Bk 21037 Pg 129 #32086 i Exhibit A HOME INVESTMENT PARTNERSHIPS PROGRAM INITIAL DISCLOSURE STATEMENT This Disclosure Statement summarizes and outlines certain of the terms, conditions and restrictions that apply to developers developing projects which support new construction or acquisition/rehabilitation of existing units and low-income first-time home buyers with funds made available from the Barnstable County HOME Program("HOME") as administered by the Cape Cod Commission(the "Commission"). Anyone intending to develop a project or to purchase a home with funds made available through HOME is "required to acknowledge both at the time of mortgage loan application and at the mortgage loan closing that he/she/it has read this Initial Disclosure Statement and understands the restrictions imposed on him/her/it in the event he/she/it decides to sell any portion of the development project or his/her/its home. The Commission has been established, in part,to address the affordable housing needs of Barnstable County. HOME is one method employed by the Commission to address this need. Eligible applicants for development projects entitled to HOME funds include towns,non-profit agencies and for-profit developers. Eligible applicants for home purchases entitled to HOME funds include towns and non-profit agencies. HOME funds are directed to development projects and home purchases that assist first-time home buyers. All homes purchased with the assistance of HOME funds must be located in Barnstable County and must serve as the principal residence for the applicable home buyer. Household income does not exceed 80% of the area's median income, as defined by the Department of Housing and Urban Development. I. Owner Occupancy, Restriction Against Refinancing The borrower must occupy the home as his/her year-round residence, and may not rent any portion of the home without the express written consent of the Town and the Commission. The home shall not be leased,refinanced, encumbered(voluntarily or otherwise)or mortgaged without the prior written consent of the Town and the Commission, provided, however, that this provision shall not apply to mortgages granted in connection with this conveyance. II. Purchase Price Discount Units who receive any financial assistance from HOME will be sold to income eligible borrowers at a price below the market value'of the property. Because the objective of the Commission is to continue to provide affordable home ownership to qualified buyers,the borrower, when later reselling the property, is required to follow the procedure set forth in Paragraph II below and limit the maximum sales price of the unit to the same percentage of increase in HUD median income(calculated at the time of resale),that was applied in calculating the borrower's original purchase price. The affordable housing restriction recorded immediately following the-deed conveying the property to the borrower will contain the applicable resale price multiplier to be applied to the borrower's resale. For example, if the borrower purchases the property for $100,000 and the HUD four person family median income is$50,000 at such time,then the applicable resale price multiplier to be applied to the 1R I Bk 21037 Pg 130 #32086 borrower's resale(as set forth in the affordable housing restriction) is 2.0. This resale price multiplier will apply to the borrower's resale of the property. Thus, when the borrower wants to sell the property, the borrower will multiply the current HUD median income times the resale price multiplier to determine the maximum amount for which the property can be sold by the borrower. Continuing our example, if the new HUD four person family median income is$60,000,then the maximum amount the borrower can sell the property for will be $120,000 ($60,000.00 x 2.0= $120.,000). The resale price multiplier applicable to the borrower's property will be determined by the Commission or its designee at or prior to the date the borrower enters into a firm loan commitment with the borrower's bank. However, if$120,000 is more than a household at 80%of median income could afford,then the maximum resale price will be adjusted down in accordance with the criteria described the affordable housing restriction. III. Process for Sale of the Property When a borrower decides to resell his/her property,the borrower must provide the Town of Barnstable, Housing Assistance Corporation and the Commission or its designee written notice of the borrower's intention to sell. Within thirty (30) days of the Town's receipt of the notice,the Town or its designee will notify the borrower in writing as to whether the Town will exercise its first right of refusal to purchase the Property and/or is proceeding to locate an eligible purchaser of the Property. If the Town or its designee responds in writing to the borrower within the thirty (30) day period to the effect that the Town is not proceeding to find an eligible buyer,then HAC or its designee will notify the borrower in writing as to whether HAC will exercise its second right of refusal to purchase the Property and/or is proceeding to locate an eligible purchaser of the Property. If HAC or its designee responds in writing to the borrower within the thirty (30) day period to the effect that HAC is not proceeding to fmd an eligible buyer,then the Commission or its designee will notify the borrower in writing as to whether the Commission will exercise its third right of refusal to purchase the Property and/or is proceeding to locate an eligible purchaser of the Property. If the Commisson or its designee responds in writing to the borrower within the thirty (30)day period to the effect that the Commission is not proceeding to find an eligible buyer,then the borrower shall use diligent efforts to locate an eligible purchaser of the Property. If an eligible purchaser is located by the Town, HAC,the Commission or the Grantee, or if the Town, HAC or the Commission is purchasing the Property, then such eligible purchaser,the Town, HAC or the Commission shall purchase the Property no later than one hundred twenty (120) days after the Town's Notice, HAC's Notice or the Commission's Notice is given to the borrower, or the property is put on the market. If the borrower is unable to locate an eligible purchaser,then the borrower may thereafter sell the home to any purchaser, subject to the various deed restrictions applicable to the property. However, in such case, the buyer will be required to re-pay to the Commission the amount of HOME funds invested in the property. Also,if a non-eligible purchaser is purchasing the Property, then such non-eligible purchaser 17 i Bk 21037 Pg 131 #32086 shall purchase the Property no later than two hundred forty (240) days after the.property is put on the market. All notices required in this Disclosure Statement must be given in writing and by hand delivery or posted in the United States mail by registered or certified mail,return receipt requested. PLEASE DIRECT ALL CORRESPONDENCE AND QUESTIONS TO: Affordable Housing Specialist Cape Cod Commission 3225 Main Street P.O. Box 226 Barnstable, MA 02630 This Disclosure Statement is provided to the borrower for convenience only. The rights and obligations of the parties are governed by the affordable housing restriction for the Property,not this Disclosure Statement. In the event of any conflict between this Statement and the Restriction,the terms of the Restriction shall govern. The undersigned borrower agrees to be bound and acknowledge that he or she has read this Disclosure Statement and understands the benefits and the restrictions of HOME, including the future restrictions on the sale price, and acknowledges receipt of a copy of this Disclosure Statement. AFFIRMATION AT LOAN CLOSING Witness: (Typed Name of Borrower) (Signature of Borrower) (Typed Name of Borrower) (Signature of Borrower) Dated: 1R l . I Bk 21 037 Ps 1 12 -"WL32086 05-26-2006 a 1 1 =48" QUITCLAIM DEED HOUSING ASSISTANCE CORPORATION, a Massachusetts non-profit corporation with offices at 460 West Main Street, Hyannis, MA 02601 FOR CONSIDERATION PAID OF ONE HUNDRED FIFTY ONE THOUSAND and no/100 ($151, 000.00) DOLLARS GRANT WITH QUITCLAIM COVENANTS TO: KEITH W. McKEONE & CANDACE A. McKEONE, Husband and Wife, as Tenants by the Entirety, both of 936 Wakeby Road, Marstons Mills, MA 02648 The land together with the buildings thereon situated in Barnstable (Marstons Mills) Barnstable County, Massachusetts, being shown as LOT 1 on a plan of land entitled "Definitive Subdivision Plan in Marstons Mills (Barnstable) Mass. Prepared for Barnstable Housing Authority by Town of Barnstable Dept. of Public Works Engineering Division which plan is recorded with Barnstable County Registry of Deeds in Plan Book 558 Page 56 . Together with all rights, restrictions, reservations, easements and rights of way of record, insofar as the same are in force and effect. Subject to Deed Rider attached hereto and incorporated herein. Being a portion of the premises conveyed to the Grantor by deed recorded with Barnstable County Registry of Deeds in Book 13615 Page 42 to which deed reference is made for title. Said conveyance does not represent all or substantially all of the assets of the corporation. FOR AUTHORITY SEE VOTE RECORDED WITH BARNSTABLE COUNTY REGISTRY OF DEEDS IN BOOK 29398 PAGE 113. � i Bk 21037 Pg 113 #32086 MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 05-26-2006 & 11:48am Ctl*: 644 Doc': 32086 Fee: $516.42 Cons: $151000.00 BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 05-26-2006 D 11:48am Ctlp: 694 Doc'v: 32086 Fee: $344.28 Cons: $151v000.00 WITNESS My Hand and Seal this v45 Day of MAY 2006. 1 HOUSING ASSISTANCE CORPORATION i BY: Frederic Presbrey, Execu 've Director COMMONWEALTH OF MASSACHUSETTS Barnstable, ss MAY 25, 2006 On the date first above written, before me, the undersigned notary public, personally appeared FREDERICK B. PRESBREY, Executive Director, as aforesaid, proved to me through satisfactory evidence of identification, whi were (source of i dent ifi cat i on)1,ya y Ilr,� to be the rson s) whose name is signed on the preceding or attached d cument and a knowledged to me that he/she signed it voluntarily fo purpose. " JAMES R.WILSON a ublic: .T�x: .� Notary Public My Commission Expires: Commonwealth of x but My Commission on Enas Fabroary 23, 7 x I Cour ram., (..t) �-_ T4�r so - -6 �� gga 9b"I� q3 � �kryU rpm rrial�� j ! I I9I � s ®b 4ir la� �� , r 93(, November 21,2007 Keith and Candace McKeon 936 Wakeby Road Marstons Mills,MA 02648 508-428-5170 Mali 112,Parcel 006 Site Plan Review Committee Town of Barnstable 200 Main Street Hyaa is,Massachusetts 02601 RE: Site Plan Review—McKeon,Home Occupation,Landscaping Dear Committee Members: Please find enclosed our formal application for site plan review submitted with the intention to ma;a forward with an application to the Zoning Board of Appeals for Home Occupation by Special Per::ait. The Site Plan Review Committee previously reviewed an informal proposal on July 11, 2007 resulting in a request to us for an engineered,graded plan. That plan is enclosed along with this application. Ow:family of five moved from Mashpee to Marstons Mills in May of 2006 after"winning" our first hon-te in an affordable housing lottery from the Housing Assistance Corporation of Cape Cod. Keith has made his living as a landscaper for over ten years and after the birth of our youngest son we Iliad started our own small business to be able to pay the bills and still have time with the kids. I am st stay-at-home mom,caring for the family while keeping the books for the business and Keith works hard while actively involved with the kids coaching numerous sports in the town of Barnstable including lacrosse and soccer. Our intent in applying to the Zoning Board of Appeals for the Home Occupation by Special Permit is to continue to support our family financially. They deed restriction mentioned in your letter of July 18, 2007 is an"Affordable Housing Restriction"which we have reviewed with an attorney and do not believe will impede our ability to implement any relief the Zoning Board of Appeals might grant us. Sincerely, Candace McKeon APPLICATION FOR SITE PLAN REVIEW SP# - ate LOCATI-N Business Name: Subdivision Plan Assessor's Map# Parcel# ANR Plan Properly Address: Site Plan OWNER(IF PROPERTY APPLICANT Name: tic ITN G.A�Jl7sc th�tLoeJ� Name: nn - Address: �13 to �A Address: Telephol te: P y, o Telephone: Fax Fax: ARCHm CT/DEVELOPER/CONTRACTOR/ENGINEER AGENT/ATTORNEY Name:_ e Name: Address: Address: Telephone: Telephone: Fax:— Fax: STORAG) TANKS(HAZ MAT/FUEL OR WASTE OIL) ZONING DISTRICT CLASSIFICATION Existing- Proposed District R t= Overlay(s) <Se Number Number Lot Area �4b, to 3oSq.Ft. 1 . o Ac. Size_ Size Fire District Ce-,%�cro;ile-- 11 Above G round Above Ground ,nil i is Underground Underground Setbacks (ft.)� Contents Contents Firont: _3o Side: i 5 Rear: IA Number of Buildings Existing � Proposed � UTILITIE U p CA�� ES Demolition Sewer El Public Prill Size 3 Water ❑ Public ["�Private TOTAL FLOOR AREA BY USE Electric ❑ Aerial ❑ Underground Existing Proposed Gas Natural ❑ Propane (sq. ft. (sq. ft. Grease T rap [:]Size gal Basement $ i fv 81(, Sewage Daily Flow * `�;3G, gpd Residential *GP or Vi P areas restrict wastewater discharge to 330 gallons per Restaurant acre per day into on-site system. Retail O Office ie7C7 f vO PARKINC;_SPACES CURB CUTS II Medical Office p Requires Existing '�1�1 Commercial(specify) v o Provided Proposed Wholesale(specify) C2 O On-Site To Close Institutional(specify) O C7 Off-Site Totals Industrial(specify) C2 Handicapped All Other Uses On Site U Estimat;d Project Cost: Fee: Gross Floor Area $ Je� �E.2 src $ oy SP-FOIN-P1.DO -06118/2004 i Old King's Highway Regional Historic District File# Approved? ❑Yes E<O Hyannis Main Street Waterfront Historic District File# Approved?El Yes Q- o Listed in National and/or State Register of Historic Places? ❑ Yes [Q 0 Prev ous Site Plan Review File# 011 - 0-1 Approved? ❑Yes D-No, Prev ous Zoning Board of Appeals File# Approved? ❑Yes n4i Is thy:site located in a Flood Area(Section 3-5.1) r-c-C e, ❑Yes [�z�1 In A:-ea of Critical Environmental Concern? ❑Yes l^ o Is thy:Project within 100' of Wetland Resource Area? El Yes O' Site:;ketch-informal presentation ❑Yes o Site.'Ian prepared,wet stamped and signed by a Registered PE and/or PLS. es ❑No Park ng and Traffic Circulation Plan —.5, r r- Pk,a n> [9I'es ❑No i Lane scape Plan and Lighting Plan P4-4A) [ 'Yes ❑No Drainage Plan with calculations and Utility Plan ❑Yes [:.No Building Plans,(all floor plans,elevations and cross sections) ❑Yes D-Pdo Note that all signage must be approved by Code Enforcement Officer at the Building Department Lot E.rea in sq.ft. q . &3a sq. ft Tota Building(s)footprint (�sq. ft. -f-15-0( P r'o,f�o �D Stt Max.mum Lot Coverage as%of Lot % GRO,IND WATER PROTECTION OVERLAY DISTRICT REQUIREMENTS: OVERLAY DISTRICT(S): C� P Lot('overage (%) Required Proposed Site :tearing (%) Required Proposed PRINCIPAL BUILDING ACCESSORY BUILDING(S) ❑Yes No Number of floors 2- Height: 2.ev ft. Number of floors Height: ft. FLOOR AREA: FAR: �/� FLOOR AREA: FAR: N / Basement sq. ft. Basement sq. ft. First sq.ft. First sq.ft. Second sq.ft. Second sq. ft. Attic sq.ft. Attic sq.ft Other(Specify) sq.ft. Other(Specify) sq.ft. Plea:,e provide a brief narrative description of your proposed project: 40.n�,r_- OCc y P P-TIow3 �BBl S R EC-t AL. %z ►L-►-c-,y E jD 09- A�Z�1 I ass,:rt that I have completed(or caused to be completed)this page and the Site Plan Review Application and tha t:o the best of m knowledge,the information submitted here is true. P o u e_cn 3e.2- 7-A �7je,C,- 4-.jfr ` Date CA.t31>Acr_ iMc1[E o Printed Name of Applicant SMOIN-PIDOC-06/18/2004 pal, � Jam. I'Sj 1 m SAR ( b15y TOWN OF ADDRESS O E BARNSTABLE CITY,STATE,ZIP CO HATE OF 81 TH OF OFFENDER , , '`pfiomWE MV OPERATOR LICENSE NUMB A _ ' MV/MB REGISTRAT10N NUMBER OFFEN .1(4 �/ NANti'gNlleQ V Y 1G/ I f San ! m / CEO C TIMEANDDATE VIOLATI 0' VIO TION NOTICE OF A.M /P.M.)ON - 7 2007 L � �}► _- SI AT R OEE FOR 0 ' ) ENfO G DEPOT BADGE NO. u • VIOLATION �QJ� �✓ C it OF TOWN I HE Y ACKNOWLEDGE RE IP F CITATION X c -- f / < AIAI C161C CAD TWO ACCCMCC IC ! )&A n\ � NAME OF OFFEND I �w BAR 7 ly`J A _�� ! TOWN OF ADDRESS OF OFF, I1 —— 04 BARNSTABLE CITY,STATE.ZIP CO E DATE F BIRTH OF OFFENDER d1�►�•o�� MV OPERATOR LICENSE NUMBER MV/ B REGIST ATIONNUUMBER `�rxAx�:TAxlr$ OFFENSE n r / 1 _ F MA55 1Y{/C7� V/1/L-•3°hrp�I ,p /.1.(//1 /1t►� p �C �I °�-F)arlc n • LL t ME AND TE VIOLAl � TI F VIOkATfJ - LL NOTICE OF A. ./ P.M.)ON�I 20 / LI�JV) t SI AT E F EIt�ORCI RSO ENFO G D��^ BADGE N0. LL It VIOLATION ]VLF/ S' Cr OF TOWN t- I HEjEBY ACKNOWLEDGE RECc PT CITATION X LL ORDINANCE LirUnable to obtains signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS i ~ Date mailed.R��.t_�J"0� OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL 1 DISPOSITION WITH NO RESULTING CRIMINAL RECORD. LLJ REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w j I before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, .1 Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. 0- you desire to contest this matter in a noncrtminal proceeding,yyou may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST RNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNS ABLE,MA 02630,Attn:2/D Noncriminal Hearings and enclose a copy o1 this citation for a hearing. (3)N you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. p. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature NAME OF OFFEND TOWN OF ADDRESS OF OFFENDER BAR 76160 I �+ BARNSTABLE CITY,STATE,ZIP CODE aj / -a� DATE F I'RTH OF OFFENDER i 1 `o+1HE t4 MV OPERATOR LICENSE NUMB R _ / MV/M REGISTRATION r/1N/MBER • OFFENS NAN MA' { IL 16 p 0 ILL, CD E AND(DATE F VIDLA L V70 TIN L2 NOTICE OF (A.M./P.M.)DN — f 20 Q VIOLATION SIG:A RE FEN RC -S F Q E CING p / BADGE NO. LL CAT OF TOWN 1 HEREBY ACKNOWLEDGE RECE14 OF PITATION X a ORDINANCE 2-Unable to obtaiO-Sjnnas„M f-" 7006 0810 0000 35211 8007 INAL FINE FOR THIS OFFENSE IS SLU OR TTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL LILT ' LL! REGULATION Cn • o ) and 4:DO P.M.,Monday through Friday,legal holidays excepted, Q money order or postal note to Barnstable Clerk,P.O.Box 2430, II.f :E. o_ t( Iktng written request to DISTRICT COURT DEPARTMENT,FIRST c 2630,Attn:21 D Noncriminal Hearings and enclose a copy of this II (' ail to appear for the hearing or to pay any fine determined at the h se payment in the amount of$ $! nn, n nnnn 3521 8007 . Date: September 5,2006 To: Building File From: R. Giangregorio Re: Violation of Zoning Code Chapter 240 Sections 10& 14 Owner: Keith&Candace McKeon M&P: 012-006- 936 Wakeby Road,MM Zoning: Violation of Zoning Code Chapter 240 RF 6/21/06&6/22/06 Received complaints regarding the operation of a landscape business from this address. Also complained about installation of commercial trailer here. 6/22/06 Verified trailer. (See pictures) Sent violation notice to the McKeones ordering removal of trailer by 7/5/06. Ordered the immediate cessation of commercial activity from this site. 6/26/06 Complaints received regarding the clearing of land assumed by callers to be for purposes of parking employee vehicles and landscape equipment. 6/28/06 Candace McKeon called in response to my letter.. She claimed they did not know they could not have business here. She will have the trailer removed ASAP.I advised her that employee parking is also a problem. She must find an appropriately zoned location for business. I offered to assist in determining the proper zoning of a new location. I also told her • that it is necessary for her to identify the new location for our records. 6/30/06 Candace McKeon called and spoke to Bob McKechnie,Local Inspector. He noted"conditions are being corrected". He advised Ms McKeon to contact me week of July 101h . 6/30/067—7/7/06 I was on vacation that week. 8/1/06 Local Inspector noted that the trailer is gone. Small landscape trailer,mower and some misc equipment were noted to be on site. Small blue pick up and gold minivan were parked to right of drive. (Likely employee's vehicles). 8/21/06 Called at 2:34 PM- line busy Called at 2:54 PM-left message with older child to have Candace call me before noon on the 8/22/06 or be issued a$300.00 citation. I believe that she left me a VM sometime after I left work or before I returned the next morning. 8/22/06 Left message with same older child to have Candace call me today. (No contact). 8/23/06 Issued$300.00 citation sent certified and copy by 0 class mail. No other contact since. • JAComplaint Inv Reports\Investigate-Report\936 Wakeby Rd McKeone Report.doc i � 1 Town of Barnstable of'IKEray, � .�. Regulatory Services yP �" Thomas F.Geiler,Director BARNSrABLE, • Building Division MASS a 1639• ,0m Tom Perry,Building Commissioner A�Fp �a 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 June 22, 2006 Mr.&Mrs.Keith McKeone 936 Wakeby Road Marstons Mills.Ma 02648 Re: Violation of Zoning Code Chapter 240 Section 10-Prohibited Uses (Trailer) Violation of Zoning Code Chapter 240 Section 14-Single-Family Residential F Zone Locus: Map 012 Parcel 006 Dear Mr. &Mrs. McKeone: This office has received two complaints regarding a large trailer and the operation of a business from your property located at 936 Wakeby Road. Subsequently,I visited the area this morning • and confirmed the installation of a commercial-style trailer. You should be aware that Wakeby Road is zoned for single-family use only and any other use is contrary to our Zoning Code as cited above. As a result this office is obliged to order the removal of the trailer by July 5, 2006. In addition,you are hereby notified that all uses other than the single-family use must cease immediately. -Please know drat Lam—available to assist you in identifying.an appropriately-zoned business location upon request.Because non-compliance is subject to fines of up to $300.00 per day per violation,we remain confident that you will take immediate action to remedy this situation. You may contact me directly at 508-862-4027 should you require clarification. Sincerely, q b I Robin C. Giangregorio Zoning Enforcement Officer • JAComplaint Inv Reports\936 Wakeby Rd trailer McKeone.doc CERTIFIED MAIL 7004 2510 0002 6228 2597 { i . I I � �► e0n� _ unn ► ��u r TOWN OF ADqt//SS OFFOFFEN ER^ O BARNSTABLE STATE LP CODE.FI., CrkS DATE OBI TM OF OFFENDER �` o SINE MV OPERATOP UCENSE NUMBER MVIMB REGISTRATION NUMBER • 0 ENSE' , u . .. �a � p i e TI AND DAT L TION OF VIO TION. NOTICE OF (A.M. P. ON 8�zl,2oa e b �� /�j' LL VIOLATION SI T OFftNFoR N , E RGNGD BADGE NO. u . ` ✓ V. c F OF TOWN I H�REBY ACKNOWLEDGE RE I F CITATION X LL ORDINANCE Unable to obtai ignature of offender. 14 THE NONCRIMINAL FINE FOR THIS OFFENSE IS I�Q0. Date mailed LL OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD.TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a REGULATION DISPOSITION WITH NO RESULTING CRIMINALAECORD. w (1)You may ales fo pay the above fine,either by appearing In person between&30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, W before:The Barnstable Gerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money.order or postal note to Barnstable Clerk,P.O.Box 2430, (Hy)annis,MA 02601,WITHIN TWENTY-ONE(21)DAYSp OF THE gDATE OaFyTHIS NOTICE. a dARNSTABSLE DIV S ON,COURT this matter COMPOUND,noncriminal MAIN STREET;BAFINSTABLE,do so by 02630,Attrc 21 request Noncriminal Hearings and COURT d enclose copy FIRST of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or If you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be Issued against you. i ❑ I HEREBY ELECT the first option above,confess to the offense.charged,and enclose payment in the amount of$ Signature . i Postal t rf CERTIFIED MAILT., RECEIPT Uj D" (Domestic .Fordelivery information Visit our welisite at%vww.usPs.ComjD fU ,_ ,co a L ru Postage $ $0.39 0601 ru E3 rtlfied Fee $2.40 02 C3 a C3 Postmark O Return Receipt Fee $1,85 Here . (Endorsement Required) �y O Restricted ID hrery Fee $0.00 E ¢a rl (Endorsemer Required) Ln • crzsa ru Total Postage&Fees $ $4.b4 08/23/200b � • � m m m m^ m / McKeone IL lL? U.m� m l70 Fs—enf ' S r �.l__.. d m m °a )Y Road ` ID 236-----'--- -- 'ecl fills, Ma 02648 o o m z a ' a EE mE m ;m City,State,7JP+4 — 7 �m o. to PS :rr rr • Mul F !� iw 0;C`) 561L2 9229 2000 OT52 h00L 96t'_2 9229 2000 OT52 hM. 961L2 9229 2000 OT92 h00L JpV r i c�GtCKe7 Coov, 60 r— Al-p-r 61 30/0�0-� A --r&e-& LLB P N o ��. � tLc z-d t @�j � 1��- y �D �- . �, -- Sr�� eaf�-cic (�Evc—(f�L� "o�Ff�rG� '_'�12►4t�Ec�uCyo�� , Sa✓1�� LAKAose"r-- - ' *rtLz-f�C.�Ic� Ak e9.}EfZ-rSc►uc �) a(-pi, : 3�{ bushLro� - •��rQs . , i w A n, E may, �� ♦:S 4� � �f .�" �. 6' � F�i w( � 'sF ",e � �f {-J�' '�"s al l A' AIV Y{jam. h l.Yk t , F. „d y t 936 Wakeby Road, M M 6/22/06 • 1 ` ;� `:' •s fit# � `� � �, . y h... ter► -,,:„� `r�". F '' fir. � � .4��. j AWL' xy ^w a' � ` '# LrY�_ ��C i.`r�. .^t y},y dra •r'� „ ire y •,'t �- "� �. :4 1 '7 L 4 ti ' �,,�a gh ."k .... .. 1OgM. T�" `,y,��'', �•,!� �y ,k �t F ua a � T _.�� . 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DAVfO cyG C. 1?2 87' THULiN + /V 0 NO.39403v v, WgKEBY ROAD 26'1g'45 34.9oStf N 81'50'45., W 50 0 25 50 100 200 ( IN FEET ) ASSESSORS MAP 012 PARCEL 006 LOT 1 = AREA 43,634 SO, FT. 1 inch = 50 ft. ASSESSORS MAP 012 PARCEL 006 CERTIFIED PLOT PLAN FOUNDATION LOCATION DATE: NOVEMBER 21, 2005 FLOOD ZONE: LOT 1. 936 WAKEBY ROAD THE SUBJECT LOT IS SITUATED IN FLOOD ZONE X SEE COMMUNITY PANEL 25001-0015C MARSTONS MILLS, BARNSTABLE, MA REVISED JULY 2, 1992 SCALE: 1" = 30' DATE: 11/21/05 PLAN REFERENCE: PLAN BOOK 558 PAGE 56 PLAN DATE: APRIL 14, 2000 Y CERTIFY THAT THE SUBJECT BUILDING FOUNDATION IS LOCATED IN RELATION TO LOT DAVI.D C. THULIN, PE, PLS S SHOWN. THE LOCATION OF THE BUILDING WAS DETERMINED BY INSTRUMENT SURVEY. 211 MILL ROAD AN IS NOT INTENDED TO BE A LAND OR PROPERTY SURVEY USED FOR RECORDING, EAST SANDWICH, MASSACHUSETTS 02537 PREPARING DEED DESCRIPTIONS OR CONSTRUCTION, NO CORNERS WERE SET. IT CANNOT BE USED FOR ESTABLISHING FENCE, HEDGE OR BUILDING LINES. THE MATTERS SHOWN HEREON ARE (508)888-2345 FAX(508)888-7259 BASED ON CURRENT DEED AND REFERENCED PLAN INFORMATION ONLY AND MAY BE SUBJECT TO FURTHER OUT SALES. TAKINGS, EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS OF RECORD. AND PRESCRIPTIVE OR OTHER RIGHTS. TO THE BEST OF MY KNOWLEO E D BELIEF THE PREP. FOR: VALLE DRAWN BY: PST I CHKD BY: OCT FOUNDATION LOCATION CONFORMS TO THE HqPqNTAL=EK U TS OF THE JOB No: 05-016 REV. SHEET 1 BARNSTABLE ZONING ORDINANCE. l* qMPLETE THIS SECTIONCOMPLETE THIS.SECTION ON DELIVERY • ■ Complete items 1,2,and 3.Also complete A. Si ure item.4 if Restricted Delivery is desired.■ X ❑Agent Print your name and address on the reverse ❑Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, _Received by(Printed Name) C. D f li ry or on the front if space permits. i D...Is:delivery address different from item 1? ❑Yes 1. Article Addressed to: i �! If-YES,enter delivery address below: ❑ No I YU(a 3. �Service Type +certified Mail ❑ Express Mail ❑ Registered ;'E:Retum Receipt for Merchandise ❑Insured Mail ❑ C.O.D. { 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number , I (transfer from service label) 7004, 2 510 000262.28 2795 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 COMPLETE •N COMPLETE THIS SECTIONON. ■ Complete items 1,2,and 3.Also complete AM' Item 4 if Restricted Delivery is desired. RFrC731 gent I ■ Print your name and address on the reverse X ddressee I so that we can return the.card to you. B. Recgtved by(Printed Name) C Date of Delivery I ■ Attach this card to the back of the mailpiece, /�7 � Ol%, • I or on"the front if space permits. a D. Is delivery address different from item 17 ❑Yes 1. Article°Addressed to: If YES,enter delivery address below: ❑No 3. Service Type �eertified Mail �❑Express Mail 6 a� ❑Registered .aetum Receipt for Merchandise. I ❑Insured Mail ❑C.O.D. i 4. Restricted Delivery?(Extra Fee) ❑Yes I " i 2. Article Number 7004 2510 0002 6228 2597 I (Transfer from service lebe>7 PS Form 3811,February 2004 Domestic Return Receipt. 102595-02-M-1540 ? Patriot Landscaping 936 Wakeby Rd Anonymous caller LS business-40'trailer&employees prkg on st Caller unable to id address but in Housing Assist home @ end of st 6/21/2006 Keith McKeone 936 Wakeby Rd will go out-no home occup on any of HAC'homes 936 Wakeby Rd pics of trailer, 2 cars in drive and truck&car on Wakeby Called Hac-prop was conveyed-will send letter to own/resident 6/22/2006 012-006 Patriot Landscaping 936 Wakeby Rd Anonymous caller trailer in residential area 6/22/2006 012-006 Keith McKeone 936 Wakeby Rd Anonymous caller trailer in residential area Same caller-appears more clearing of trees is intended 6/26/2006 Iddookk Explained letter sent. Response is anticipated soon 06 Keith McKeone 936 Wakeby Rd Anonymous caller trailer in residential area Same caller-appears more clearing of trees is intended 6/26/2006 Explained letter sent. Response is anticipated soon-can't prevent clearing 012-006 Keith McKeone 936 Wakeby Rd Anonymous callers trailer in residential area/business is residential area Candace McKeone called. Trailer will be moved next wk. 7/13/2006 She will work w/me to relocate business 012-006 Keith McKeone 936 Wakeby Rd Anonymous callers praise for getting rid of trailer but still appears to run business 8/8/2006 508-420-4300 many employyes parking there left mess to call me @ 8:31 AM or get$300.00 ticket 8/8/2006 she left vm-then I left message to call me 8/22/06 playing phone tag over 2 days 8/22/2006 012-006 Keith McKeone 936 Wakeby Rd Anonymous callers ..no one else can run a business from home" glad trailer is gone but still appears to run business 8/23/2006 issued$300.00 ticket#72607 8/23/2006 1 . i I j Page 1 lit NO Ar • +r o ape- 0 - �. J►M�►1� a _- .�, �, .. .� ,fir _' �. -a. 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T•'f-OM � Jr oh rK OF I �•./,(�r r:;t .rt�PScy"4�"F'rc. .r '�R!'� rf - �_ ., .1• s s s _ �• 1 i sY � � Y 936 Wakeby Road, Marstons Mills 5/14/07 T w t r p t !! 1 }' g.. t. 936 Wakeby Road, Marstons Mills 5/14/07 AF i k•�' ) �? - � { i ' � .� .Y d f, f 1 �11 `ram� �r '� .w� �'r'r.;1. , �.• J � �,�� r '1. =I }�• � �#` 4.,, �_ 1�4 i`� I ��. .�f.,�• 1•i 4 1�/�:: Yb- Ld All aev L cv ,1` .. �i I '.��IY� R _.•[ ,71� ' �.� ` r1. Aw r �.f j.. ��`�� :- ,�-.'•"' - .. '.- 'tt,,. ; ..r' ",.. - mow•.-'� � {��•w.. f�.� i.1 ', .�,y ^[i �'°•=�• 'sr^•`w 1- rip' z . - _• -� _lam` �-.. "-�+ Fr'_ ... � - 1 I Ala v y ' k• 'T or _ - - 936 Wakeby Road, Marstons Mills 5/14/07 I .�, 'as. ��'`�ice, P :, '•^"`�' � �f� )L �� ?y .♦ i � � ' �117.i y"rye •: • T` 'J� F' 1 tl :ice• OL !--� S �� 1•-� �.�a ♦� �d'.e•f � FY fit• �,• �• ,:• >: �• �'' fir' �r� ,�: � ,;�. � � ram•, �� ,�': _ (.....j. i COURT DATE APPEARANCES Issuing Officers Noticed on November 13, 2006 9:00 AM ARRAIGNMENTS (a)- Barnstable First District Court DATE OFFENDER BAR NUMBER ISSUING OFFICER 2:00 PM CLERK'S HEARINGS (- Barnstable First District Court DATE OFFENDER BAR NUMBER ISSUING OFFICER 11/16/06 Marc Bouchard 75702 Police " Candace McKeone 72607 Giangregorio " Jason Newcomb 50342 Keyes 11/30/06 Mark Curley 77205 Police " Richard Raymond 70280 Edson Note: Please see Sgt. Caiado or Det. Morse @ 8:45 AM at Barnstable First District Court Clerk's Office for ARRAIGNMENTS or at 1:45 PM for CLERK'S HEARINGS to discuss case details with the DA prior to ARRAIGNMENT or CLERK'S HEARING time. Otherwise it will be understood you have no input into the case. Your attendance is not necessary but welcomed. If the court REQUIRES your attendance I will notice you. q/lois/caforms/courtdateappear.doc Date: September 5,2006 To: Building File From: R. Giangregorio Re: Violation of Zoning Code Chapter 240 Sections10& 14 Owner: Keith&Candace McKeon M&P: 012-006- 936 Wakeby Road,MM Zoning: Violation of Zoning Code Chapter 240 RF 6/21/06&6/22/06 Received complaints regarding the operation of a landscape business from this address. Also complained about installation of commercial trailer here: 6/22/06 Verified trailer. (See pictures) Sent violation notice to the McKeones ordering removal of trailer by 7/5/06. Ordered the immediate cessation of commercial activity from this site. 6/26/06 Complaints received regarding the clearing of land assumed by callers to be for purposes of parking employee vehicles and landscape equipment. 6/28/06 Candace McKeon called in response to my letter.. She claimed they did not know they could not have business here. She will have the trailer removed ASAP. I advised her that employee parking is also a problem. She must find an appropriately zoned location for business. I offered to assist in determining the proper zoning of a new location. I also told her that it is necessary for her to identify the new location for our records. 6/30/067—7/7/06 I was on vacation that week. 6/30/06 Candace McKeon called and spoke to Bob McKechnie,Local Inspector. He noted"conditions are being corrected". He advised Ms McKeon to contact me week of July 1001 . 8/1/06 Local Inspector noted that the trailer is gone. Small landscape trailer,mower and some misc equipment were noted to be on site. Small blue pick up and gold minivan were parked to right of drive. (Likely employee's vehicles). 8/21/06 Called at 2:34 PM- line busy Called at 2:54 PM-left message with older child to have Candace call me before noon on the 8/22/06 or be issued a$300.00 citation. I believe that she left me a VM sometime after I left work or before I returned the next morning. 8/22/06 Left message with same older child to have Candace call me today. (No contact). 8/23/06 Issued$300.00 citation sent certified and copy by Is`class mail. No other contact since. UrGi.�1�Ik'� " �&A . i Town of Barnstable �OFI KE t ti Regulatory Services Thomas F.Geiler,Director * anxxsTABLE. ' Building Division 039. Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 June 22,2006 Mr. &Mrs. Keith McKeon 936 Wakeby Road Marstons Mills.Ma 02648 Re: Violation of Zoning Code Chapter 240 Section 10—Prohibited Uses(Trailer) Violation of Zoning Code Chapter 240 Section 14—Single-Family Residential F Zone Locus: Map 012 Parcel 006 Dear Mr. &Mrs.McKeon: This office has received two complaints regarding a large trailer and the operation of a business from your property located at 936 Wakeby Road. Subsequently,I visited the area this morning and confirmed the installation of a commercial-style trailer. You should be aware that Wakeby Road is zoned for single-family use only and any other use is contrary to our Zoning Code as cited above. As a result this office is obliged to order the removal of the trailer by July 5,2006. In addition,you are hereby notified that all uses other than the single-family use must cease immediately. Please know that Lam-available to assist you_imideriffying.an appropriately-zoned _ business location upon request.Because non-compliance is subject to fines of up to $300.00 per day per violation,we remain confident that you will take immediate action to remedy this situation. You may contact me directly at 508-862-4027 should you require clarification. Sincerely, 6'J� � 4 Robin C. Giangregorio Zoning Enforcement Officer JAComplaint Inv Reports\936 Wakeby Rd trailer McKeone.doc CERTIFIED MAIL,7004 2510 0002 6228 2597 �C� �� C.�J� - 4 eorr -� Ale r -�',.�- . Irj Co �� V� i�✓ GU<li� GQC-G�1 cJ� X+ C,�lc ocWEi�+S° E-Qu i'p) 5w-4 .L V We cwu t, Z Z � � t U • r 'FFFF^^*��ti!�,y1:"+1Ctc � i � Fld�+cl',M•� r .•.••:.. 3�t.P..��ti'.�':�t ., 44 t: 1' ' v A �! � m 936 Wakeby Road, Marstons Mills 5/14/07 * 1 •_ ems.:; .. . (7ZL21/�InLnFaai ��rJ flAnrc+�nn� �Aillo F,/IAIn7 r • 1 � / 1 u I ' r �� 3 • Ir , Q' r 1' .i• �' l,�• � is � h .M t Y 1 ♦7 1 { . ` T. 14 '�.� y^}?�•':,}t'F ' .h mot-; �,' a Y 1. f _ �f,.,4�/ JVA .H. rTIL _ � "tY"'n�"1: 7..M s � r;�,.ErW� � � ��r« �.�• ,.�I,a � e� .1� �;�y s r i r Oq ..j 936 Wakeby Road, Marstons Mills 5/14/07 F`t ; r �., �a+. �', `rju ice' �; `. .,;I � ,,�..�.•�;1 ? 4 +, ik r ��•� ► +ilk ►^ L PIP 23�1 I '/ r R� � i f 7 � d n ` ,J6 / lie ro -41 I certify that this property is - located in Flood Hazard Zone C out- side the 500 year flood) as identified by the Department of Housing and Urban Development (HUD) . •• CERT9 EI ED PLOT PLAN Date yi / 7-009 a, Y LOCATION !�?ieA/ A84 �.yq�t s ;�;3•rtice.s y O �A9e , L%G SCALE S' DATE .H !�7 Z4kle. PLAN REFERENCE Reg. ,8�j?'`^.�..�"•�'�•/ .... I 'certify to its title insurance company •• �, c that there are no visible encroachments SHOWN ON THIS PLA LOCATED ON THE GROtDteD Or easements except as shown and that this AS SHOWN HEREON AND THAT IT CONFORMS TO THE plan was.prepared .under my immediate SETBACK REQUIREMENTS OF THE TOWN OF supervision, : .,�!dt'!`!ST� 4K: • • • •WHEN CONSTRUCTED. DATE !`�ry!7, ?-O 1// -^ A/G' RA-7— REGISTERED I-AND SURVEYOR i ry 7, 2007 Kc idnand Candace ?�icKeone F � Wakeb-y Road e tons Milk, TMA 02648 5iLo-5170 -' o-PI an Rex,iew > niion: Mien Sw ini'arsk- i Z- I Mam Sheet YNTA 0260 Site Plan Review Co rnmittPe; Tease find our enclosed Application for Site Plan ReNqiew. It is our hope that this Plan wiia ve found approvable for our application to the Coning Board of < eals for an-Application for Special Perixut_ &!so included is a brief a +%R regarditig this app'ukation. Tnanks so much for your time and K&i&and Candace '-,VIcKeoi:e APPLIK ATIOIN FoR SFI'E n,.A 1 REvm.w _ L..ATION - & Plan .i�. sc:a #��Yarcel AIR Plan e ty Addm---s: Site PI-M OP F2vi 1R' AMUCANT Teler'hme: Fax: - Address: ?= one: YelehQD e: Fax: ------------ 57 tH TANKS, MAT/14 M,OR WA M 01.) 7QTjt�jly F?T� CI, � (r Proposed — OAT �_Numbt_ District Z�= Ovid y(sj P SkaLot Are 'a ' Size Fie District Sq Ft °`G" Ac. ..e Ciround Above G•rojmd Lnd„Wound Con3en4s Setbacks. f�. Front Side: �I�_jmber o=`B Rdin� . �-9- du' Existing Proposed Deacbtion Public - �S Private Size gal Public M pjiy�t, L i A lTndzrground TOTAL FLOOR AREA_BY USE LEI Nam M Propane g 4 Proposed g= � ---._.gal.TxaP Size k (sa,fk s •.fr p Daily Flow *___________gpd Basement Residential $t rev.y6 areas=stL-:ciwastewater discharp to 330 gallons per Rests;;,aut pe�r ziay into on-site:system.. Retail -Office �G SPACES QLJ =0 l+lledica3 Office i • L S D e+ ' + Proposed Wholesale fsDecifyl } F` T o Close institution Totals. eci_ An Other Uses On Site 1 't Gross Floor Area. e L I - i Id Icing's Highway Regional Historic District File# Approved? ❑Yes �-� IH at mis Main Street Waterfront Historic District File# Approved? El Yes 1'1 No wed.M'National' ardlor State Register of Historic Places? Q Yes 2-50 Previous Site Plan Review File# Approved? 71 Yes IT-NO Mr—?ids Zoning Board of Appeals File# Approved? ❑Yes No see located in a Flood Area(Section 3-5.1) ❑YesEn �Na km of Critical F-avironmef W Concern? El Yes o Ism PWiect within 100' of Wedand Resource Area? Q es 2 No c e s'�etch-informal presentation es Q 7b i wPlim prepared,wet s tamped and signed by a Registered PE and/or PLS. Ev,-f y� o %daing and Traf is f rculatio"i,plan a j ems. Plan and Lighting Plan Yes Q v n-e Plan with calculations and Utility Plan Q Yes �b 1 o .Baiik-dding Plans,(all floor plans,elevations and cross sections) Q Yes U No hat ati 4 a must ka-PUProved by Code Enforcement Officer at the Building Department 1==--a..in sq. `3. (", -z{ ' s ft 4 TbIA Ruddirgs)footprint sq. ft. Min Lot Coverage as%of Lot % ice,-'4;? 3 WATER PROTECTIOA+ RER NFS: DisTRICT: 4Cb erage (%) Required Proposed She Clearing ° ) Required Proposed PRNCIPAL BUa DmG ACCESSORY BUILDING(S) Q Yes Q No Number of floors_ height: ft. Number of floors Height: ft. FLOOR AREA: FLOOR AREA: B&seine tt sq. ft. Second sq. ft. Easement sq. ft_ Second sq. ft.- sq. ft. Attic sq. ft, First sq. ft. Attic sq. ft(Specify) sq f;L °l provide a brief narrative description of your proposed project: 1. gnat I Dave C2 ' d(or caused to be completed)this page and the Site Plan Review n and Or4 to W bawl a the inform on submitted lie re s It a of App{fit Date �NAZI OF APPLICANT i € '��S&itPG4 February 7, 2007 Keith and Candace McKeone 936 Wakeby Road Marstons Mills, MA 02648 508-428-5170 Narrative Of McKeone Special Permit Application We are submitting this application for an informal Site Plan Review in order to obtain approval and go forward with an Application for Special Permit. The special permit being requested is 240-46C, Home Occupation by Special Permit. Our family was fortunate enough to have the opportunity to purchase our first home last year. We moved from Mashpee with our three children, Cassandra, Harry and Treven to our new home 936 Wakeby Road in May of 2006. Our children attend school in Barnstable and Keith also coaches youth sports in the town as he had done in Mashpee for many years. With the oldest child in high school, another in middle school and the youngest in pre-school, we are very busy with caring for our family. Our children are very active in numerous j sports (lacrosse, swimming, basketball and.softball) as well as various other school activities. We are requesting the Home Occupation by Special Permit to allow us to run our very small landscaping business from our home. The plan submitted with this Special Permit application shows the designation of a very small portion of our yard for this purpose. This area will be fenced in and substantially screened. with evergreen trees and shrubs. Also, as we do not presently have a utility shed we would like to place it in this area. A small portion of this area will be parking for a truck and a single axle utility trailer. 4 Sin •ely„'f 1 ;Keith and Candace McKeone oF• b,, Town of Barnstable 200 Main Street, Hyannis, Massachusetts 02601 'A • BARNSTABLB. 039. .•� Growth Management Department Ruth Weil, Director IEDNa� 367 Main Street,Hyannis, Massachusetts 02601 Phone(508)862-4679 Fax(508)862-4725 www.town.bamstable.maxs July 18, 2007 Keith and Candace McKeone 936 Wakeby Road Marstons Mills, MA 02648 Reference: Site Plan Review(011-07 Informal) 936 Wakeby Road, Marstons Mills, MA Map 112, Parcel 006 Proposal: Home Occupation—Small Landscaping Business Utility shed and small screened area for parking truck and single axle utility trailer. Dear Mr. and Mrs. McKeone: l Please be advised that the Site Plan Review Committee reviewed the revised informal proposal at the staff meeting on July 11, 2007. Please be advised that an engineered, graded plan will need to be provided if you intend to file formally with site plan review and move forward with an application to the Zoning Board of Appeals. In researching standing in light of your application, the Committee may possibly have identified a deed restriction with your property. That restriction may impede your ability to implement any relief the Zoning Board of Appeals may grant. You should thoroughly review this issue before proceeding with formal site plan review plans. Sincerely, , V,47 Ellen M. Swiniarski Site Plan Review Coordinator NOISE: 01 CC: SPR File Cj7 Tom Perry,Building Commissioner 6 : I I k1 a 61 Inn (OOZ `l 1 N ba r; !.Z 11 t.a n i NAME OF OFFENDFjI'""(y� �A ir` 1� / / /-• .A �! ��' I TOWN OF 1! , �� °J,ry BAR- d t� ) ADDflESS OF OFFENDER•• �1 ) - BARNSTABLE , .....( r' �,/<� •,," ��,�-- �� CITY,STATE,ZIP CODE,,, S"��-j /�. �'• � ,� � `�, ( r"a REGISTRATION MBER i OFFENS• r} ( .1A Gam!/.'rl�(L�y r"� , (. a TIME AND DATE VIO jIO _ LLJ W NOTICE OF J 'IA. i _AA Lf1cAj1 N FVIO ATION /7�n�` SI 9 URE F ENFORCING=P S '20 J" •� ` 1(,•.4.+'+• .:'M"Ti // 1 fl ` VIOLATION [�0 t EN RCINGPEPP Q r �j ! _w r� •, l BADGE NO. I UJ OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF ITATION X ~ ORDINANCE M a i Unable to obtain signature of offender. < Date mailed- A�". )-l) %� THE NONCRIMINAL FINE FOR THIS OFFENSE IS S j OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION LU OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a 1 DISPOSITION WITH NO RESULTING CRIMINAL RECORD. REGULATIOUj lbefore: ou may elect to pay the above fine eith by appearingg in person between 8:30 A.M.and 4:00 P..M.,Monday throw h Fride,le al holidays exce ted, to The Barnstable Clerk 200 Mafn Stt, yannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430,nis,MA 02601,WITHIN TWENTY-0NE )DAYSOFTHEDATE OFTHIS NOTICE. CL you desire to contest this matter in a noncriminal proceeding,you may dosobymakingwritten request to DISTRICT COURT DEPARTMENT,FIRSTNSTABLE DIVISION,COURT COMPOUND,MAINSTREET,BARNSTABLE,MA 02630, ri tn: req Noncriminal Hearings and enclose a copy of this on for a hearing. NAME OF OFFENDER•^� -- A/ y,, '—••^•'�—"�ooaar tnr the hea_ d_np or today any fine determined at the TOWN OF ADDRESS OF OFF .. r / r )r7�f ,.1,, + BARNSTABLE 64 '., t" BAR „ CITY,STATE.ZIP CODE ( - '( '� NAX\.7ANU:, : /�p',) 1 J •..,•) ""� �"' MV/MB REGISTRATION NUMBER ' �✓fl-�';•k`�R.�.�.,u��;l' I E�-,DrilO i ETN f0" VIOLAT,I•Q%N •�lr%�IL^. 'f4,f/�%r �i,' - CL i.M AU EO P.M.)ON ION FVIO •)' a Ltl!- NRSVIOLATION 20 Q A LU I OF TOWN ✓ •`- F '� Y II i {� ,,,.»+/ ENFORCING DEFT + ` /� y A/ `a� JG�.A I ��Ar��' -Il�_� BADGE No. {I I HEREBY ACKNOWLEDGE RECEIPT OFICITATIUN X f ORDINANCE ©'Unable to Obtain signature of offender. C IsCL OR Date mailed �i' �,P -UAuj YOU HAVE THE FOLLOWING ALTERNA-�E W REGARD TO DISPOSITION ON OFNHSIMgITTER E TNAL HE FOR THIS OFFENSE IS I !I' DISPOSITION WITH NO.RESULTING C = ` I ILF1�LLL 1�TIn"t — RIMINAI pFrnan HFH QpTlnu m nn n�.,,. w . . NAME OF OFFENDER / r ;{ BAR . 9 TOWN OF ADDRESSOPO FEEfl BARNSTABLE CITY,STATE,ZIP CODE l, 1 / f,,•�" �i dt�glp� i o • IIA HI�TAN I X. : OFFEN l / �' '� MASS. S r•('.lG ��a6°)r /A �f r' 1 / .. / AIEe +�� ...1•.•r ` t %,� r"� �r .r,/' �"' a ,(,�� c. +f�'i �f I� �-t•,l c �'�/"')�"� � t" TCL IME AND DATE F VIOLATION NOTICE OF /' ``�"^� ' IOP4Toff.orrrlo TION: A. �./P.M.)0 w SIGNA 1 RE Of,�NFORCIt�G•PEHSOf1 VIOLATION ' w ;rl t) . 11�4' 1, J� y n ENFO a GDEP,T. / Q / 4 ) .�' G M,� r r ( I ✓ BADGE NO. LLl+ OF TOWN r y I HEREBY ACKNOWLEDGE RE EIPTI' F CITATION X ORDINANCE a �'"Unable to obtain Signature of ffender. ~ a Date mailed :). '^�f� THE NONCRIMINAL FINE FOR THIS OFFENSE IS SLLJ OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE ASrA FINALUj R GULATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. l r ' (T)You may elect to pay the above fine,either by appearing In person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, to I t L before: LU The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box p430, LLJ Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. ;( (2)If you desire to contest this matter in a noncriminal proceeding,'you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST a ' BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn: request Noncriminal Hearings and enclose a copy of this ' citation for a hearing. 1, (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay.any I I" hearing to be due,criminal complaint may be Issued against you. floe determined at the I 1 i 1 ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$f Signature , I Date: September 5,2006 To: Building File. From: R. Giangregorio Re: Violation of Zoning Code Chapter 240 Sections 10& 14 Owner: Keith&Candace McKeon M&P: 012-006- 936 Wakeby Road,MM Zoning: Violation of Zoning Code Chapter 240 RF 6/21/06&6/22/06 Received complaints regarding the operation of a landscape business from this address. Also complained about installation of commercial trailer here. 6/22/06 Verified trailer. (See pictures) Sent violation notice to the McKeones ordering removal of trailer by 7/5/06. Ordered the immediate cessation of commercial activity from this site. 6/26/06 Complaints received regarding the clearing of land assumed by callers to be for purposes of parking employee vehicles and landscape equipment. 6/28/06 Candace McKeon called in response to my letter.. She claimed they did not know they could not have business here. She will have the trailer removed ASAP.I advised her that employee parking is also a problem. She must fmad an appropriately zoned location for business. I offered to assist in determining the proper zoning of a new location. I also told her that it is necessary for her to identify the new location for our records. 6/30/067—7/7/06 I was on vacation that week. 6/30/06 Candace McKeon called and spoke to Bob McKechnie,Local Inspector. He noted"conditions are being corrected". He advised Ms McKeon to contact me week of July 101h. 8/1/06 Local Inspector noted that the trailer is gone. Small landscape trailer,mower and some misc equipment were noted to be on site. Small blue pick up and gold minivan were parked to right of drive. (Likely employee's vehicles). 8/21/06 Called at 2:34 PM- line busy Called at 2:54 PM-left message with older child to have Candace call me before noon on the 8/22/06 or be issued a$300.00 citation. I believe that she left me a VM sometime after I left work or before I returned the next morning. 8/22/06 Left message with same older child to have Candace call me today. (No contact). 8/23/06 Issued$300.00 citation sent certified and copy by I"class mail. No other contact since. T011VM� OF f b J I ADDRESS 0 E BARNSTABLE CITY,STATE.ZIP 7 � ^w r M , MV1MB REGISTRATION NUMBER 11AH�.TAPI.1:. OFFEN r (31 i6J9• �O C TIME AND ATE VIOLATI y� D' VIO TIOR - NOTICE OF A.M i P.M.)ON 7 20 G �` � rj1 - 51 kAT R OE_ENFOR 0 - ) ENFO , G DEPJT 1 BADGE NO. VIOLATION �QJ� !t/ OF TOWN I HE _ Y ACKNOWLEDGE RE EIP F CITATION X a j 6 Ar LAIC COD TILC r1LCCAICC to NAME OF OFFEND 3 F TOWN OF ADDRESS OF OFF E yR� f _ � ---- fAtRNSTABLE CITY,STATE.ZIP CO E/' thR L) o�►o►y �� _ _ G MV/ 6 REGISTRATION NUMBER e g J OFFEkSEO/) VP r / A I L x b qnt,:®• 1Vi/CII� mr L r �/e�� [ . - IME AND TE VIOLATI it F VIO LLNOTICE OF P.M.)ON�/ 20 p rnn } SI AT f Etl'DRCI RSO ENFO G D BADGE NO. t. r. VIOLATION V aF T0AtN I HEgEBY ACKNOWLEDGE RECc PT , CITATION X LL ORDINANCE unable to obtain signature of offender. THE RONCR!(tFINP.t FINE FOR THIS OFFENSE IS 1 8l• t Date mailed rLILL OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION,OF THIS MATTER.EITHER OPTION,!(1)OR OPTION(2)WILL OPERATE AS A FINAL e; _ DISPOSITION WITH NO RESULTING CRIMINALAECORD. LL REGULATION Y PY Y PP P S g Y 9 P iI (1)You me elect to a the above fine,either b appearing in person between 8:30 A.M.and 4:00 RIAL,Monday through Friday,legal holidays exce led, a i before:The Barnstable Clerk,203 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Eamstable Clerk,Fib.Box 2430 Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. c f2)C you desire to contest this matter in a noncriminal proceeding,you may do se by making written request to DISTRICT COURT DEPARTMENT,FIRST BARNS TABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNS TABLE,MA 02e30,Attn:210 Noncriminal Hearings and enclose a copy of this 1 citation for a hearing. (3)If you tail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the l; hearing to be due,criminal complaint may be issued against you. I: [J I HEREBY ELECT the first option above,confess to the offense.charged,and enclose payment in the amount of S Signature t NAME OF OFFEND � � 0 TOWN OF ADDRESS OF OFFENDER J �� 1•: BARNSTA�BLE CITY,STATE.ZIP LODE `_ / p°1 i MV/MB REGISTRATION N MBF.R ,.� OFFENS /j /� /r`l1•`/� yIr/ ��/JJJ6(//�� LL. AJ5 3 ��LL]] 1i HAIi''�A�Bt.Om 4/, /• 1C �� / V///�[C. �, VYi I � ( C., \1 EE g ,n a_ WE AkD'DATE LF VIOLA L N V!0 TI k c NOTICE OF (A.M./P.M.)ON - 20 0/ SIG:A ORE FEN RC S E CINC-G° 1 iv BADGE VIOLATION nCr OF TOWN I HEREBY ACKNOWLEDGE RECEI , OF 91TATION k U." ORDINANCE R—Onable to obtai-O Sian,1,"At^4�, < I 521 50 7006 087,D DODO 307 INAL FINE FOR THIS OFFENSE IS Q 1 .� LL ~ OR Y. _ 1TTER.EITHER OPTION(1)OR OPTION(2)'WIL L OPERATE AS A FINAL r_ D, LL' REGULATION and 4:00 P.M.,Monday through Friday,legal holidays excepted, LE c J money order or postal note to Barnstable Clerk,P.O.Box 2430. j 1 1 Ikino written reauest to DISTRICT COURT DEPARTMENT,FIRST , I. I 2630,Attn:21D Noncriminal Hearings and enclose a copy of this i I:I I: h it to appear for the hearing or tc pay any fine determined at the :�.-_ �� 2 C` �� i I I &Aeons. onn ! r-v V f TOWN OF AD 6FFEN 4kebq kS � O BARNSTABLE Ina i p1F MV/MB REGISTRATION NUMBER - / / 0 ENSE xex%'sTear r l ; le, ; �/e, u mess i639 ♦ � G �ic.k�• f' l 1'eS c I �y'f�, TI AND DAT L TION OF VIO TION. 2 NOTICE OF - (A.M. P.M.)ON 8�11,zo® ?� �� t"hm Y VIOLATION SIG? T OFkNFOR E RGNGDEPj. (� BADGE NO. u OF TOWN I H EBY ACKNOWLEDGE RE I F CITATION X CL - ORDINANCE Unable to obtPIKSIgnature of offender. I- THE NONCRIMINAL FINE FOR THIS OFFENSE IS $,�3Do. OR Date mailed w YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD.TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)'WILL OPERATE AS A FINAL a REGULATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. � (1)You may elect to pay the above fine,either by appearing in person between a.,30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, W before:The Barnstable Clerk,200 Main Street Hyannis,MA 02601,or by mailing a check,money.order or postal note to Bemstable Clerk P. Box 2430, Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYdes n this matter In a noncriminal SS OF THE ggDATE OF THISNOTICE q n �2ARN3TABLE ireDIV SON,test COURT COMPOUND,MAIN STREET BARNSTABLE by 0263g0 Attn:21 D Nonkximine�Hearings UendDenclose Eco o}the citation for a hearing. (3)H you fail to pay the above offense or to request a hearing within 21 days,or If you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be Issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense.charged,and enclose payment In the amount of$ Signature i - Postal _ rviceTI Q' CERTIFIED MAIL- RECEIPT fll ,•MeStiC Mail eNo InSUrance Co verage Provided) Cc nj ° ru � - fU Postage $ $0.39 0601 C3 C riffled Fee $2.40 02 Retum Receipt Fee Postmark (EEndorseMont Required) $1.85 Here . ed Delivery Fee 3 (Endorsement Required) .©0 n U r Total Postage&Fees $ $4.64 08f23120 • 09 ent k. McKeone m m d l m m A _� - m IL li S LL IL ' • — — 3°hee4 o.; - �' by Road a - -° z m m io Mills, Ma 02648 m� �¢ I" or PO Bay �i �5 ......... . p act c o c B 2 i SYeie,ZIP--- . •............... e 'E m E a° I� o IU dZ 1 Ccv 561'_2 9229 2000 OTS2 +t00L 56L2 9229 2000 OT32 h00L 56L2 9229 2000 0'C52 h00L S 6�. S>��48•,F LOT 3 TOWN OF MASHPEE 0A CO L W 00 LO pp p� o LOT 2 LOT 1 S NEW CONCRETE � o Q 9 FOUNDATION rn 00 (V 5.q• 7 3• ;r b 21.4, 90.9' (n P N O o N 34.0• OF M,46,. DAVIDZi CyG o C. cn 122.g 1 THULIN � N Wq K � No.39403 76'19'45.. w 34.91' .�P o \a R, ROADSUFRj N 8150'45" W 50 0 25 50 100 200 IN FEET ) ASSESSORS MAP 012 PARCEL 006 LOT 1 = AREA 43,634 SQ, FT. 1 inch = 50 ft. ASSESSORS MAP 012 PARCEL 006 CERTIFIED PLOT PLAN FOUNDATION LOCATION DATE: NOVEMBER 21, 2005 FLOOD ZONE: LOT 1. 936 WAKEBY ROAD THE SUBJECT LOT IS SITUATED IN FLOOD ZONE X SEE COMMUNITY PANEL 25001-001 5C MARSTONS MILLS, BARNSTABLE, MA REVISED JULY 2, 1992 SCALE: 1" = 30' DATE: 11/21/05 PLAN REFERENCE: PLAN BOOK 558 PAGE 56 PLAN DATE: APRIL 14, 2000 I HEREBY CERTIFY THAT THE SUBJECT BUILDING FOUNDATION IS LOCATED IN RELATION TO LOT ® DAVID C. THULIN, PE, PLS LINES AS SHOWN. THE LOCATION OF THE BUILDING WAS DETERMINED BY INSTRUMENT SURVEY. 211 MILL ROAD it THIS PLAN IS NOT INTENDED TO BE A LAND OR PROPERTY SURVEY USED FOR RECORDING, PREPARING DEED DESCRIPTIONS OR CONSTRUCTION, NO CORNERS WERE SET. IT CANNOT BE EAST SANDWICH, MASSACHUSETTS 02537 USED FOR ESTABLISHING FENCE. HEDGE OR BUILDING LINES. THE MATTERS SHOWN HEREON ARE (508)888-2345 FAX(508)888-7259 BASED ON CURRENT DEED AND REFERENCED PLAN INFORMATION ONLY AND MAY BE SUBJECT TO FURTHER OUT SALES, TAKINGS, EASEMENTS, RIGHTS'OF WAY AND OTHER MATTERS OF RECORD, AND PRESCRIPTIVE OR OTHER RIGHTS. TO THE BEST OF MY KNOWLED E OND BELIEF THE PREP. FOR: VALLE DRAWN BY: PST I CHKD BY: OCT FOUNDATION LOCATION CONFORMS TO THAHHO NTAL E K SOU nRET:SOF�THW, JOB No: OS-016 REV. BARNSTABLE ZONING ORDINANCE. SHEET 1 I t T�� 4 � k � �^ t � � 4 f • _ � s fM.- 4 'i..• 'A A�",°rt._ _, y •'• i't •i �• �,!ef� -. �.�or -�� 't•�' � "�rl� ;� a �:y �i- t:r: �+�•fi f� '�i � ��; � .�i _ x :� \ ��. a �s'?'� _, ;'�' '� � ^� .�:.• .�y kr. ,.• r7.r•.fr � •��- .,� ..�' �!is �- -.. �: • '�&e '�. - � - _ �� a.�.��-,� Y.e � -� W'v „ a..1 ten, �, T_' ' ' �_."� •^_ . �. „ham. �.+ ' •�ri� i+P r. e. WOOS, t 3. M k•. - s �, � r'�- � ►.�Irt+ . ;. �,A':•�j�• � �l"• 4•�-yf.� .'�� to• `1+�•�.. �?�. . yq `�` + a '�i �� •y. � -�� •• ��.�� may, ., _ � M� „�y-v'.'� L• ``� !'.� �• - Aq _. a -�'i� •'� �'•7 � r~'`+ ^=i,.tlY. i f ••� ! �' y ��'^' +•S ` a J•'+r�! f.�M'.. �'} � - - �•a. /. �';: v i• :. .: -` .: _ .; •3 el zo- •a+� �.�.��' .r '! �} is Adak ,• ` '�,y.'i"' � �7N_,.• ��-. .ter.. -.�. Ad 56 ir At Id ft it ., t �� EA E� •�= ! Y '�� +� ., - • of '- ;` �_'' ��,* .:'� '�.• w�•dN14�=-� i ','. - �` ' - .+ .� ;, a .f'. .`}•A„•!ll+ilt��: `i` _ 1• •ems ='c-. .1t� :S'-y !.)rf'� + ',.ii� • � . 1. '�Y� ,� � .^I � ,+ .a,.�. •1 <�t ,��d ..- • • ab • 1 • Apr I s`. ♦• .. -yyam. ' � .�y_ t �� a i IL Ak Avl— ,; XY �0„ _ ,. •,A 4 - .e w -��_ �,• Yip . yJ � ��. � ��, i+' Inc, Ulti-- c q-3 -0 c f r At I f Ar� r r. 4. �m r ° x y .r =ram" _ 3 e , f d F q n < i �4> $rs t � R �� t �u �� • ; ------- v w• r. !t x S. n . x, r - x A, �., •. .. :.ate, � .,,.,z-,w, ..� ... �� a-3--e� c JM� �.�;��s �— s s I I I. � ♦f .off s:«y r A' t ,�, �a '±k' � a �► ,� .� '�i r "air +�',�f � g�,r. ,��4�i�'��"r� s� t 1• � r> a 14 a 3 s . .N ,. x � •� r ^ C 4�. � �.:4'� a�. � '< yea •�� i i nx 14. to , a , , Y x +n r' ` Nutter Darah L..Schorield Direct Line: 617-439-2845 Fax: 617-310-9845 E-mail: dschofield@nutter.com April 17, 2008 By Certified Mail ' TO: Daniel M. .Creedon, III James R. Hatfield 49 Links Lane P.O. Box 826 Marstons Mills, MA 02648 Hyannisport, MA 02647 Sheila Geiler Ron S. Janson 313 Riverview Lane P.O. Box 147 Centerville, MA 02632 Barnstable, MA 02630 Kelly Kevin Lydon Gail Nightingale P.O. Box 244 32 Sunset Lane l _= West Barnstable, MA 02668 Osterville, MA 02655 John T. Norman Jeremy Gilmore 1625 Old Post Road 83 Dunaskin Road `s Marstons Mills, MA 02648 Centerville, MA 02632 ! _ Barnstable Zoning Board of Appeals Ruth J. Weil, Town Attorney Attn: Gail Nightingale, Chairwoman Town of Barnstable 200 Main Street 367 Main Street, New Town Hall Hyannis, MA 02601 Hyannis, MA 02601-3907 Re: McKeone v. Barnstable Zoning Board of Appeals, et al. Barnstable Superior Court, C.A.-08-00280-A Dear Sir/Madame, Enclosed, pursuant to G. L. c. 40A, § 17, please find copies of the Notice of Appeal and Complaint filed in the'above-referenced action. Please also find a copy of the Scheduling Order issued by the Court. Very truly yours, L.GS�hofield cc: Eliza Cox, Esq. Thomas Aylesworth, Esq. NUTTER McCLENNEN & FISH LLP ATTORNEYS AT LAW World Trade Center West 155 Seaport Boulevard o Boston, Massachusetts 02210-2604 • 617-439-2000 Fax: 617-310-9000 www.gutter.com COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. SUPERIOR COURT C.A. NO. [ ] KEITH W. McKEONE and CANDACE A. ) McKEONE, ) Plaintiffs ) v ) NOTICE OF APPEAL PURSUANT JAMES R. HATFIELD, SHEILA GEILER, ) TO G. L. c. 40A, § 17 JOHN T. NORMAN, RON S. JANSSON, ) KELLY KEVIN LYDON, DANIEL M. ) CREEDON III, RANDOLPH CHILDS, JEREMY ) GILMORE, and GAIL C. NIGHTINGALE, as ) they all are or were Members or Associate ) Members of the Town of Barnstable Zoning Board ) of Appeals, ZONING BOARD OF APPEALS, ) Defendants Linda E. Hutchenrider, Barnstable Town Clerk -- Town Hall 367 Main Street Hyannis,,MA 02601 PLEASE TAKE NOTICE THAT plaintiffs Keith W. McKeon and Candace A. McKeon have filed a Complaint appealing a decision of the Town of Barnstable Zoning Board of Appeals (Appeal 2008-009) denying_t-heir_ e-t-it_ion=for special=per,mo allo w_o p era ion=ofa landscaping business as a home=occupation=on=proper-ty=Io.cated=atz-Q'3-6.W_.akeby Road;-4Mar-stons Mills'Massachu"'s�'s. \` A true and complete copy of the Complaint is attached hereto. [Signature block on following page] KEITH W. McKEONE and CANDACE A. McKEONE, By their attorneys, h W. A esworth (BBO# 630994) Darah L. Schofield (BBO# 663219) Nutter McClennen & Fish LLP 1513 Iyannough Road P.O. Box 1630 Hyannis, MA 02601 (508)790-5400 Dated: April 9, 2008 1724309.1 -2- COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. SUPERIOR COURT C.A. NO. (M—5L_ KEITH W. McKEONE and CANDACE A. ) _ McKEONE, ) SUPERIOR C O U R T SARNSTAKE SS Plaintiffs ) APR 0 9 2008 V. j �G�' `✓. GIerk JAMES R. HATFIELD, SHEILA GEILER, ) COMPLAINT PURSUANT TO JOHN T. NORMAN, RON S. JANSSON, ) G. L. c. 40A, § 17 KELLY KEVIN LYDON, DANIEL M. ) CREEDON III, RANDOLPH CHILDS, JEREMY ) GILMORE, and GAIL C. NIGHTINGALE, as ) they all are or were Members or Associate ) Members of the Town of Barnstable Zoning Board ) of Appeals, ZONING BOARD OF APPEALS, ) Defendants ) This is an appeal pursuant to G. L. c. 40A, § 17, by plaintiffs Keith W. McKeone and Candace A. McKeone (Plaintiffs), of the decision of defendant Zoning Board of Appeals of the Town of Barnstable (Board) denying a special permit application filed by the plaintiffs to permit use of property located at 936=WakebyoR Marston-Mills;Massachusetts for a landscaping business as a home occupation. Plaintiffs are aggrieved by the Board's decision, which exceeds its authority is not based on the evidence, is arbitrary and capricious, and should be annulled. PARTIES 1. Plaintiffs Keith W. McKeone and Candace A. McKeone are record owners of property located at 936 Wakeby Road, Marstons Mills, Massachusetts (the-Property), shown on Assesor's Map 012 as Parcel 006. 2. Defendant Zoning Board of Appeals is a duly constituted municipal body located at 200 Main Street, Hyannis, Massachusetts, and pursuant to the Barnstable Zoning Ordinance (the Ordinance) is the Special Permit Granting Authority for the zoning-relief at issue in this complaint. 3. The names and mailing addresses of the defendant members and associate members of the Board are: • .Randolph Childs, 34 Shirley Point Road, Centerville, Massachusetts 02632; • Daniel M..Creedon, III, 49 Links Lane, W. Barnstable, Massachusetts 02668; • Sheila Geiler, 313 Riverview Lane, Centerville, Massachusetts 02632; • James R. Hatfield, P.O. Box 826, Hyannisport, Massachusetts 02647; • Ron S. Jansson, 96 Dromoland Lane, W. Barnstable, Massachusetts 02603; • Kelly Kevin Lydon, 8 Preakness Way, Marstons Mills, Massachusetts 02648; • Gail Nightingale, 32 Sunset Lane, Osterville, Massachusetts 02655; • John T. Norman, 1625.Old Post Road, Marstons Mills, Massachusetts 02648; and • Jeremy Gilmore, 83 Dunaskin Road,.Centerville, Massachusetts 02632. JURISDICTION AND VENUE 4. Jurisdiction and venue are proper in this Court pursuant to G. L. c. 40A, § 17. FACTS AND CLAIMS 5. On or-about January 15, 2008,-the McKeone's filed an application for special permit pursuant to Ordinance Section 240-46.6, seeking permission to use the Property for a . landscaping business as a home occupation. 6. The Property is located in the Residence F Single Family Zoning District. -2- J 7. Pursuant to Barnstable Zoning Ordinance (Ordinance), Section 240-46.C, the Board is authorized to grant home occupation special permits for properties located in the RC-1 and Residence F Single Family Zoning Districts. 8. The Board denied the McKeone's special permit application (Appeal 2008-000) by decision filed with the Town Clerk's office on March 21, 2008 (Decision). A certified copy of the Decision is attached hereto. 9. The McKeone's are aggrieved by the Board's decision. COUNTI G. L. c. 40A, § 17 10. The allegations in ¶¶ 1-9 are repeated and incorporated herein. 11. In denying Plaintiffs petition for special permit, the Board failed to consider evidence demonstrating that the use proposed qualifies as a home occupation permissible by special permit and in accordance with the intent and purpose of the Ordinance. 12. The Decision of the Board denying the application for special permit pursuant to Ordinance Section 240-46.C, exceeds its authority, is not based on the evidence, is arbitrary and capricious, and should be annulled. PRAYER FOR RELIEF WHEREFORE Plaintiffs respectfully request that this Court: 1. Annul the.Board's decision denying the special permit; 2. Order the Board to grant the application for special'permit to allow for the proposed landscaping business as a home occupation; and 3. Grant such other and further relief as this Court deems just and proper. [Signature block on following page] -3- KEITH W. McKEONE and CANDACE A. McKEONE, By their attorneys, Ay sworth (BBO# 630994) Darah L. Schofield (BBO # 663219) Nutter, McClennen & Fish, LLP World Trade Center.West 155 Seaport Boulevard Boston, MA 02210 (617) 439-2000 Dated: April 9, 2008 1724067.1 -4- 8 A R i :_C .duo '08 11AR 21 P 2 :01 Town of Barnstable j Zoning Board of Appeals Decision and Notice Appeal 2008-009-McKeone Special Permit-Section 240-46.0 Home Occupation Seeks the permit for a landscaping business as a home occupation Summary: Not Granted Petitioner: Keith W. and Candace A.McKeone Property Address: 936 Wakeby Road, MarStOns Mills,MA Assessor's Map/Parcel: Map 012, Parcel 006 Zoning: Residence F Zoning District Relief Requested and Background: Appeal 2008-009 has petitioned the Board for a special permit for a Home Occupation to allow for the operation of a landscaping business for the residentl:4I prnpp.rty, inrliiding the parking of a husinegs landscaping truck and accessory trailer. The subject property is a one acre lot located at the Barn stabl e/Mas h pee townline on Wakeby Road. It is developed with a three-bedroom 1,224 sq.ft. single-family dwelling. The petitioner purchased the home iri May of 2006 and resides in it. According to the information submitted, the petitioner is operating a landscaping business from the property. A number of complaints had been made to the Building Division apparently related to vehicle parking and on site storage.of materials. A site plan has been before the Site Plan Review Committee and found approvable. That plan shows.a proposed gravel parking area is to be created, situated 31) feet off the roadway and 23 feet off the side property line. The parking area measures approximately 70 by 50 feet overall and is to include a 10 by 15 storage shed and front yard landscaped buffer with a 6 foot high stockade fence-for screening to Wakeby Road. . According to the information submitted, in addition to the work truck(a Ford F 350) and the single axle'trailer,a Bobcat MT-52, a residence truck (Ford F-250),and a passenger car are also parked on the property. Procedural& Hearing Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January 15, 2008. A public hearing before the Zoning Board of Appeals was duly advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened February 27, 2008, and continued to March 12, 2008,at which time the Board denied the permit. Board Members deciding this appeal were Jaynes R. Hatfield, Sheila Geller,John T. Norman, Kelly Kevin Lydon, and Chairman, Gail C. Nightingale. Town of 6am5tabte-Zuniny,Suaid Ul"Appeals,Decision and Notice Appeal 2008-009-McKeone-Not Granted Keith W.McKeone and Candace A. McKeone represented themselves at the public hearing. Mr. McKeone stated that he had been running the landscaping business from the home since they purchased it in 2006. He stated that it is a small landscape maintenance and installation business that he and his wife own. He stated it was the farruly's only income. He described the business operation stating that he has only one other employee. The vehicles kept on-site include his truck, his wife's truck, that is also a business truck, and his daughter's car. Fgiii ,ment includes the bobcat and one trailer. The Board questioned the storage of materials and Mr. McKeone stated that the materials shown in the photos submitted to the file by the Building Division are being stored on the property as they arc for the installation of a patio at his home. They are for his personal use. He stated that the plans include A fPnro and inrr tared landscapine to Wakcbv.aoad to screen-any storaee of materials and the vehicles. The shed is also intended to house materials and equipment for the business. Mr. McKeone stated that the extent of his activities does not generate the amount of business to financially justify off-site storage or parking of vehicles. The Board cited that the intent of the home occupation was to be limited to 400 sq.ft. Inside the home mostly for home office use only. Mr. McKeone noted that the provisions for a home occupation also provides for parking of commercial vehicles. The Building Commissioner addressed that iS,uje to the Board noting that the two F-350 trucks shown in the photos have a three-ton capacity each and that exceeds the one-ton capacity limits stated in the Ordinance. The Board discussed the nature of the relief being requested and reviewed the individual provision that a home occupation must conform with. The Board questioned if the proposal hefnre.Them falls into that category of a home occupation or if it was that of a use variance. The Building Commissioner Cited the history of events. He stated that this issue has been ongoing since the couple first moved into the dwelling. A number of complaints from neighbors had been registeied at the Building Division and a number of citations issued. The applicants have done little to address the situation and for the most part have delayed responding to the Building Division's concerns. Public comment was requested and the applicants noted that they have two letters in support of the grant Uf 1.111e.peririit. TIie two letters in support were from David Ellis of 3 5antuit Pond Road, Mashpee, MA and Randall Aronson of 6 Santuit Pond Road, Mashpee MA. The letters were entered into the file. The Chairman noted a letter in opposition, sent anonymously,was also in the file. No one spoke in favor or in opposition to the request at the hearing. Findings of Fact: At the hearing of March 12, 2008, the Board unanimously made the following findings of fact: 1. Appeal 2008-009 is that of Keith W.ditd Candace A. Mcl<eone for property addressed as 936 Wakeby Road, Marstons Mills, MA. It is'shown on Assessor's Map 012 as Parcel 006. It is in the Residence F Zoning, Resource Protection Overlay, and Groundwater Protection Overlay Districts. 2 Town of Damstabic-toning board of Appeals,Decision and Notice Appeal 2008-009-MCI(cone-Not Cranted I The petition was filed seeking a Special Permit for a home occupation pursuant to Section 2.40- 46.0 to permit the operation of a landscaping business at his home. 2. The subject property is a one acre lot located at the Barn stab le/Mash pee Town line on Wakeby Road. It is developed with a three bedroom, 1,224 sq.ft, single family dwelling. The petitioner purchased the home in May of 2006 and resides there. The petitioner is operating a landscaping business from the property and a number of complaints had been made to the Building Division related to vehicle parking, on-site storage of materials and staging of employees'vehicles from the property. 3- According to the information submitted, in addition to the work truck (a Ford F-Is%and the sin>?le axle trailer, a Bobcat MT-52, a residence truck(Ford F-250), and a passenger car are also parked on the property. Evidence has also been provided that other equipment and at one time a. business trailer had been parked on the property. 4. The request does not comply with the requirements of Sec.tine 940-4617:as a'hnme occupation. A landscaping business, with outdoor storage and parking of vehicles, is not a customary home . occupation. The proposed activity is not being carried on within the dwelling. There is outside evidence of the activity as there is exterior storage of materials and equipment. The activities involve the on site parking of commercial vehicles and equipment in excess of that allowed in the special permit provision of the Ordinance. 5. The parking and storage of equipment and materials on the residential zoned lot, and the creation of a 3,500 sq.ft. parking area, is not incidental to and subordinate to the use of the premises for residential purposes. The extent of development being proposed and the external use of the property is not that which was contemplated nor Is It permitted under the provisions fur a hulne occupation. Therefore, the proposal before the Board does not fall within that category specifically accepted in the ordinance for a grant of a Home Occupation Special Permit. 6. The external alterations to the property are not residential in character and this home occupation constitutes an objectionable use.on residential zoned property. To permit it would constitute a detriment to the neighborhood and its residential character.Therefore the proposal does not fulfill the spirit and intent of the Zoning Ordinance and would represent a substantial detriment to the neighborhood affected. Decision: After the findings of fact were made and voted, a motion was duly made and seconded to grant Appcal 2008 009 a home occupation Special Permit. The vntp wne ac fellows: AYE: None NAY: James R. Hatfield, Sheila Geiler,John T. Norman, Kelly Kevin Lydon, Gail C. Nightingale 3 I Town of Barnstable Zoning Booid of Appeals,oEcicion and Notice Appeal 2008-009-McKeone-Not Granted , r Ordered: By unanimous vote,Appeal 2008-009 is not granted.. Appeals of this decision, if any, shall be made pursuant to MG Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A Copy of which must be filed in the office of the Barnstable Town Clerk. 3-V ael G I C. Nightin , Chair an Date Signed I, Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision hds Uueii NICU in the vffi,-r of dit:Tuwrr Clerk. Signed and sealed this day of under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 4 C(mmonwealth of Massachuse+`s County of Barnstable . The Superior Court CIVIL DOCKET # BACV2008-00280-A RE: McKeone et al v Barnstable Zoning Board of Appeals TO: Darah L Schofield, Esquire Nutter McClennen & Fish World Trade Center West 155 Seaport Boulevard Boston, MA 02210-2604 SCHEDULING ORDER FOR F TRACK You are hereby notified-that this case is on the track referenced above as per Superior Court Standing Order 1-88. The order requires that,the various stages of litigation described below must be completed not later than the deadlines indicated, and case shall be resolved and judgment shall issue 01/2912010. STAGES OF LITIGATION DEADLINES SERVED BY FILED BY HEARD BY Service of process made and return filed with the Court 07/08/2008 07/08/2008 i Response to the complaint filed (also see MRCP 12) 08/07/2008 411 motions under MRCP 12, 19, and 20 08/07/2008 09/06/2008 10/06/2008 ,.-Afl motions under MRCP 15 08/07/2008 09/06/2008 10/06/2008 All discovery requests and depositions served and non- 02/03/2.009 expert depositions completed All motions under MRCP 56 03/05/2009 04/04/2009 Final pre-trial conference held and/or firm trial date set 08/02/2009 Case shall be resolved and judgment shall issue by 01/29/2010 01/29/2010 • The final pre-trial deadline is not the scheduled date of the conference. • You will be notified of that date at a later time. • Counsel for plaintiff must serve this tracking order on defendant before.the deadline for filing return of service. Dated: 04/09/2008 Scott W. Nickerson Clerk of the Court Telephone: (508) 375-6684 Disabled individuals who need handicap accommodations should contact the Administrative Office of the Superior Court.at(617) 788-8130 --Check website as to status of case: http://ma-trialcourts.org/tcic 569148 inidocll higginbo f rZJ Nutter Darah L. Schofield Direct Line: 617-439-2845 Fax: 617-310-9845 E-mail: dschofield@nutter.com December 16, 2008 108662-1 By Facsimile T. David Houghton, Esq. n Town Hall 367 Mains Street 0 Qy" Hyannis, MA 02601 ( Re: McKeone v. Town of Barnstable, Barnstable Superior Court, C.A. No. 08-280 Dear David: I am writing concerning the property at936 Wa_keby Road,-_Marstons Mills, that is the subject of the above-referenced action. Candace McKeone has entered into a lease on behalf of Patriot Landscaping with Russo's Garden center that enables Patriot Landscaping to park and store its trucks, materials and equipment at Russo's Garden center and off of the residential property. I have enclosed a copy of this lease for your review. Patriot Landscaping is now parking and storing its trucks, materials and equipment on the newly leased premises. Presuming this resolves the Town's concerns regarding use of the 936 Wakeby Road property, we propose to remand the above matter to the Zoning Board of Appeals for consideration and approval of the McKeon's application for a special permit to allow use of the property for a landscaping business as a home occupation. Kindly contact me at your earliest convenience to confirm your assent to a request for remand or with any additional questions or concerns. Very truly yours, L. chofield L cc: Tom Perry (w/encl.) . 6. ca cr; ram, NUTTER MCCLENNEN & FISH LLP • ATTORNEYS AT LAW 1513 Iyannough Road • P.O. Box 1630 • Hyannis, Massachusetts 02601-1630 • 508-790-5400 • Fax: 508-771-8079 www.nutter.com T. David Houghton, Esq. December 16, 2008 Page 2 bcc: Eliza Cox, Esq. Thomas W. Aylesworth, Esq. 1789843.1 Commercial Gross Lease ...................... .......... .......... ............. ....... .................... ... This lease is made between. PA.S ci Q A SA=- Of gyp- • "^a oz a144 herein called Lessor,and CGAVIV Ca.c.F_: rn,aas-vo ►-js pA k,.s,.S r-"A herein called lessee. d2(IVuR_, Lessee hereby offers to lease from Lessor the premises situated at t2-.7s5c° GPApe^ C ptv:<-� 'a� tr a;zb f�. 1-11 q o LA in the City of "�Oft `� "�`c�-� County of State of rn Pt described as 5 t2o ~fe; C', Sa ��t� 4 ,nnA o� _ So specifically: Part of Building.Specifically,Lessee is leasing the part of building only. Shared Facilities.Lessee and Lessee's employees and customers may use the following additional facilities in common with other tenants,employees and customers: ✓ Parking Spaces: —TM0eVs T"i2��,EizS . erm v�c.oY Ez v Gti�c i.rc S Restroom Facilities: ✓ Storage Areas Hallways,Stairways and Elevators: Conference Rooms: Other: 1.Term and Rent. lessor demises the above premises for a term of year commencing — .20 GS,and terminating on A 0 Gum 14 20 aaL,ur sooner as provided herein at the annual rental off �rt{ a Dollars($ .�� Alf payable in equal installments in advance on the first day of each month for that montl��al,dine term of this lease. All rental payments;hall be made to Lessor,at the address specified above, ✓d Lessee will pay this rental amount for the entire term of the lease. Rent will increase each year on the anniversary date of the start of this lease as follows: 2. Use. Lessee shall use and occupy the premises for L,� `,s .= �r .The premises shall be used for no other purpose. Lessor represents that the premises may lawfully be used for such purpose.Lessee shall not use the premises fut the purposes of storing,manufacturing or selling any Pxplosives,flammables,or other inherently dangerous substance,chemical,thing,or device. 3.Option to Extend. Option 1. Lessor grants Lesspp the option to extend this lease for an additional year(s). To exercise this option,Lessee must give Lessor written notice of the intent to do so on or before Page 1 of 6 ©Z007 SoMes Made.uc WWAS aates.COm ITIAR-1•Mv.07/07 TO 30dd -1-ldHSNCW POZE810809 OT:6Z 8OOZ/01/60 .This option may only be exercised if Lessee is in full compliance with the terms of this lease.The same terms in this lease will apply to any extension of the lease except as follows: Option 2.If Option 1 above is exercised,Lessee has the option to extend this lease for an additional year(s)beyond the first option period.To exercise this option,lessee must give Lessor written notice of the intent to do so on or before .This option may only be exercised if Lessee is in full compliance with the terms of this lease.The same terms in this lease will apply to any extension of the lease except as follows: ,1.Security Deposit. Leswp chall deposit with Lessor on the signing of this lease the sum of Dollars(S )as security for the performance of lessee's performance of Lessee's obligations under this lease. Lessor will refund the full.security deposit to Lessee within - days following the end of the lease permitting the premises are in good condition,except for wear and tear,and lessee has paid Lessor all monies due under this lease.Lessee may deduct any amounts required to restore the premises to good condition and to collect any-monies owed to Lessor under the terms of the lease. s.Improvements and Atterations. Lessor,at his own expense and prior to the start of the lease term,will make the repairs and improvements listed in At- tachment 1 to this contract_ / ✓ Lessee accepts premises in'as is"condition.Lessor will not make any repairs or improvements prior to the start of the lease term. Lessee must obtain written consent from Lessor prior to making any alterations or improvements to the premises.Such consent will not be unreasonably withheld by Lessor.Prior to the end of the lease term,Lessee rnwa repdir any damage caused by rein- stating the premises to its prior condition. 6.Lessor's Representations.Lessor represents that: A. At the beginning of the lease term,the preuribe!,will be properly zoned for Lessee's Mated use and will be in compli- ance with all applicable laws and regulations. B. The premises have not been used tar storage or disposal of any toxic or hazardous sutrhtdrrLes,and Lessor has not received notice from any governmental agency concerning removal of any toxic or hazardous substances from the property. 7.Care and Maintenance of Premises. A. Lessor will maintain and make all necessary repairs to: 1)the root structural components,exterior walls and interior common walls of the premises;and 2)the plumbing,electrical,ventilating,heating and cooling sy;tpms. 8. Lessor will clean and maintain(including snow removal)the parking areas,yards,common areas and exterior of the premises,Including removal of all litter,on a regular bdbiS to keep the premises in an attractive condition. c. Lessee will clean and maintain Lessee's portion of the building to keep it in an attractive condition. 8.Utilities.Lessor will pay for the following utilities and services: Electricity Page 2 or 6 0 2007,Swans Meck rLe MM$auatm.com 11118M•Ree.07107 Z0 39dd -MVHSNVW VVZEBT0809 OT:EZ 800Z/01/60 Gas Hear Air conditioning(Cooling) Water Other: Any items not checked or specified above will be the responsibility of the Lessor. 9.insurance. A. Lessee will carry fire and extended coverage insurance on the.premises. B. I assnr will carry public liability insurance,which will include Lessee as an insured party.The public liability insurance will be in amounts of at least: Dollars($ )per occurrence. Dollars($ )in any une year. C. Lessor and Lessee release each nthor from any liability to the other for any property loss,property damage or personal injury to the extent covered by insurance carried by the party suffering the loss,damage or injury. D. Lessor will give Lessee a cupy of dll insurance policies Lessee is required to obtain. 10•Taxes. A. Lessor will pay all real property taxes levied and assessed against the premises. EL Lessee will pay all personal property taxes levied and assessed against Lessee`s personal property. 11.Eminent Domain. If the premises or any part thereof or any estate therein,or any other part of the building materially affecting Lessee's use of the premises,shall be taken by eminent domain,this lease shall terminate on the date when title vests pursuant to such taking,The rent,and any additional rent,shall be apportioned as of the termination date,and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the award for such taking or any payment in lieu thereof,but Lessee may file a claim for any taking of fixtures and improvements owned by Lessee,and for moving expenses. 12.Assignment and Subletting.Lessee shall not assign this lease or sublet aiiy portion of the premises without prior written consent of the Lessor,which shall not be unreasonably withheld.Any such assignment or subletting without consent shall be void and,ai the option of Lhe Lessor,may terminate this lease. 13.Destructinn of Premises.In the event of a partial destruction of the premises during the term hereof,from any cause,Lessor shall forthwith repair the same,provided that such repairs can be made within ninety(90)days under existing governmental laves and regulations,but such partial destruction shall not terminate this lease,except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made,based upon the extent to which die 11Idkii iy of such repairs shall interfere with the business of Lessee on the premises.If such repairs cannot be made within said sixty(60)days,Lessor,at his option,may make the same within a reasonable time,this lease cunthiukig in effect with the rent proportionately abated as aforesaid,and in the event that Lessor shall not elect to make such repairs which cannot be made within ninety(90)days,this lease may be terminated at the option of either parry.In the event Ilia die building in which the demised premises may be situated is dactroyed to an extent of not less than one-third of the replacement costs thereof,Lessor may elect to terminate this lease whether the demised premises page 3 of 6 U 1007,SOMO--Media,LK www.aovew-�, OW-1•ftm 07107 E0 39dd -IIGHSdVW POZEB10809 01:EZ 800Z/01/60 be injured or not.A total destruction of the building in which the premises may be situated shall terminate this lease. 14.Quiet Enjoyment Lessor covenants that on paying the rent and performing the covenants herein contained,Lessee shall peacefully and quietly have,hold,and enjoy the demised premises for the agreed term. 15.Holdover by Lessee. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease,a new montli•tu-murLth tenancy shall be created between Lessor and Lessee,which shall be subject to all the terms and conditions hereof but shall be terminated on days'written notice served by either Lessor or Los=on the other party. 16.Disputes. Litigation.If a dispute arises,either party may take the matter to court. Mediation and Possible Litigation.If d dispute arises,the parties will try in good faith to settle the matter through mediation conducted by: a mediator to be mutually selected. The parties will share the costs of the mediator equally.Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute.If the dispute is not-resolved within thirty(30) days after it is reterred to the mediator,either party may take 0 to matter to court. Mediation and Possible Arbitration.If a dispute arises,the parties will try in good faith to settle the matter through mediation conducted by: a mediator to be mutually selected. The partiac will share the costs of the mediator equally.Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute.If the dispute is not resolved within thirty(30) days after it is referred to the mediator,it will be arbitrated by: a mediator to be mutually selected. Judgment on the arbitration award may be entered in any:court that has jurisdiction over the matter.The costs of arbitration,including attomey's fees,will be allocated by the arbitrator.Lessor must only participate in the mediation or arbitration of a dispute if Lessee has paid the rent L.allvd for by the lease or has placed any unpaid rent in escrow with an agreed upon mediator or arbitrator. 17.Additional Agreements.Lessor and Lessee additionally agree that: 18.Heirs,Assigns,Successors.This lease is binding upon and inures to the benefit of the heirs,as and successors in interest to the parties. Page 4of6 a 7007.sows Mt a.LLC sywwspadt25iDlp LFZtBP-t�Rev.07p7 b0 39dd -I-lt1HSNVW bbZEB10809 01:EZ B00Z/01/60 19.Notices.All notices must be in writing.Any notice that either party may or is required to give,shall be given by mailing the same, postage prepaid,to Lessee at the premises,or Lessor at the address specified above,or at such other places as may be designated by the parties from time to time. 20.Severability. If any portion of this lease-Slidll be held to be invalid or unenforceable for any reason,the remaining provi- sions shall continue to be valid and enforceable.If a court finds that any provision of this lease is invalid or unenforceable, but that by limiting such provision it would become valid and Pnfnrraahle,then such provision shall be deemed to be written, construed and enforced as so limited. 21.Waiver.No failure of Lessor to enforce any term hereof shall be deemed to be a waiver. 22,Counterparts, Airy fully ii9ned,identical counterparts of this lease:,hall be treated as an original. 23.Mndifiration.This lease may be modified only by a writinq signed by the party against whom a modification is sought to be enforced. 24.Governing Law.This lease will be governed by and construed in accordance with the laws of the state of M A 25,Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties.The following Attachments,if any,have hppn mach a part of this lease before the parties' execution hereof: Dated: too U C M5 eV- 3 20 08 Lessor Name of Business: 9-0 5-5of 5 capeE Co i7 L3az`� 1, NG , Printed Name: PAS CQ 0 A trF Zo5Sr' - Title: . 0 a li�- Street Address: tE- N 3 0 City/State/Zip: Lessee Name of Business: �=- Printed Name: v_ C_V_ t) L= Title: Street Address: 1 A� "t CP�, ,cgs C,,A1P City/State/Zip: V`nA 32-ST On k 4-L -- Guarantor By signing this lease,I personally guarantee the performance of all financial obligations of 'Pk7y-�27 FaQe S of 6 6 2007,Smite,Medl,LLC U21W-A•n 4.0107 50 39Vcl I-ldHSNVW VVZCBT0809 OT:cZ 600Z/01/60 under the terms of this lease, Dated: G L i ,�20 Printed Nama Title: O c,J N E[— Street Address: g Z, to c,p-�Ar.V— :, City/State/bp: w—S'1'a tJ t �� w.,A� oar q i Page 6 of 6 wwwMazi CM 07 7007,SwaW Me4 LLC 1F118p-1•.Orr.6710] 90 39dd -I-ldHSHVW bbZEBIv805 0Z:EZ B00Z/01/60 U.012/17/2008 10: 41 FAX. 508 862 4724 TOWN OF BARN,,TABL£ LEGAL �001 Town of Barnstable 367 Main Street, Hyannis,MA 02601. Legal Department : .:5U8-862-4620; 5084624724 Fax FAX . SHEET Date: Number of pages including cover sheet: / From: - To: T /p�-�Y .OG C�JSIf, Ruth J. Weil, Town Attorney T.David Houghton, 1"Asst.Town Attorney Charles S. McLaughlin,Jr.,Asst Town Attorney Claire Griffen,Paralegal/Legal Assistant Pam Gordon, Legal Clerk Legal lief.# Phone: RE: Fax phone ,at. l w So CC: Phone:. (508)462-4620 Fax phone: (508)-862-4724 -REMARKS: ❑ Urgent . ❑ For your review ❑ Reply ASAP ❑ Please comment A JAFAXF0RMQ6.d0C 12/17/2008 10:42 FAX 508 862 4724 TOWN OF BARNSTABLE LEGAL 1a002 MJ :Nu' tter , WSEWLE TRANSMITTAL STET . Today's Date: December 16, 2008 Time: 2:15 PM Employee W: 6713 # of Pages: 8 From: Darah L,-Schofield Direct Dial: 508-790-5400 Fax No: 508-771-8019 REcYpYENT COWANY FAx No. -PHONE NO. T. David Hoaghton, Esq. Assistant Town Attorney, 508-862-4724 508-862.4620 Town of Barnstable COM TS; 17924M.1 STA1EIVILTIT On CONVIDENTIALITY The dom mants.ineluded with dik facsimile tmmcaithd sheet eonraln laformation from the low firm of Nurtvr MoClisnpco&F4h LLP whloh Is contldantltil ttnd/or piivite 1Tha Infotmsdon43 inwn*d to be for the use of the addroseoo named on Wl tr4netnl9a1 sheet. If you arc oot the addressee,now dwc u1y dleclosure, _ P pyw&�siribud ' or udt of the contcnia of this hwxd infomutticn is pmhiblted. If you huve received this facsimila in t.7ror,plew-0 notify me by tolophono (collein)immedimly so that we can arrange for the retrieval of the orWral 4ocumotua of no cost to you. IF-Q4F R YS A PROBLEM WITH THIS TRANSWSSION, O.I IF YOU DID NOT RECEIVE ALE:-PAGES, PLEASE.CALL 617-439-2676, AS SOON AS POSSIBLE FOR NUTTER McCLENNEN&FISH LLP USE ONLY Client-Matter.No. 108662-1 Nutter McClennen&dish LLP a Attomeys at l..aw World Trade Center West v 155 Seaport Blvd. •j5oston,MA 02210-2604 r 617.439-2000 v Fax:617-310-9000 . www.nutter.com �� „T r Mr_T n i., 1!7„P,AI c/ao_Tr J-Orar- aT:bT WOM7/OT/7T 12/17/2008 10: 42 FAX 508 862 4724 TOWN OF BARNSTABLE LEGAL 003 i Nutter 'lliltaJ7 L.Sc:hofield Direct Line: 61743972945 Fax:. 617-310-9845 --=B: dschofieldl({�tuuter.cocn December 16, 2008 108662-1 13y Facalmile T. David lloughton, Esq, Town Hatt— '361 Mains Street Hy tnnis, MA 02601 Re: McKeon v. Town of Barnstable, Barnstable Superior.Court,C.A'. No, 08-280 Dear havid: 1.am writing concerning;the property at 936 Wakeby Road, Marston Mills, that is the- subject of the above-referenced action. Candace McKeone has entered into a lease on behalf of Patriot Landscaping with Russo's Carden center that enables Patriot Landscaping to park and store its trucks, materials and equipment at Russo's Garden center and off of the Lesideatial•property. 1 have enclosed.a copy of this lease_for your review. Patriot Landscaping is now parking and storing its trucks, materials and equipment on the newly leased premises. Presuming this resolves.the Town's concerns regarding use of the 936 W akeby Road property, we propose to remand the above matter to the Zoning Board of Appeals for consideration and approval of the McKeon's application for a special permit to allow use of the property for a landscaping; business as a home occupation. Kindly contact me at your earliest convenience to confirm your assent to a request for remand or with any additional questions or concerns. Very truly yours, L. hofiel w cc: • Tom.Perry.(w/encl.) DEC 16 2008 I'UWN A I I UNNEY TOWN OF BARNSTABLE NUTTER MCCLENNEN & FtSH LLP - ATTORNEYS AT LAw 1513 Iyannough R6ad P.O. Fox 16a0 Hyannis, Massachusetts 02601-1630- 508-790-5400 Fax: 508-771-8079 v^—_n utter.corn 12/17/2008 10:42 FAX 508 862 .4724 TOM OF BARNSTABLE LEGAL. 0004 Commercial Gross Lease ➢S lease Is made between �. o. herein cJ4d Lessor,and of �3� Fad 3-t CaA�+z . _ herein'called Lezft ozrm�F-r Lessee hereby offers to lease from Lessor the premises situated at F In the City of County of A t S� State of Y`^Ptdescribed as _ spedflcally: Bart of Building.specifically,Les5es.Is leaning the part of building only. _Shored Fadlida9.Las:oe and-Losse@'s employAes and customers may urn the following adtlftlonal fadlltles in common with other tenants,employees and customers.. J ir%A\C'L.lia s Parktn4 SpaceS�� rrs Re>;troam Facilitles. ✓ Storagekea5: 3 ,-*�,�-�- ,,,�,c�-es?.a.�� e..•3. Hallways,stelrways and Elevators: Conference Rooms: other: ^ ��►�-'�" � 1,Term and Rent. Lessor demises the above promises for a term of 'yea gf cammenung evided hcreln at the annual MAW 20 aS'and terminating an A- � LQV �'� •20�-�'A'sow pr oi�utillers(S ppyable in equal installments In advance on the first day o term of thlo lase_ All rental peympntc shall be made to LessoL 8T the address sWfied ab". - ✓Lessee will pay this rental amount for the entire term of the leas Rent will inaeasa each.yoar on the anniversary date of the start of this lease as follows: .r... 2. Use. Lessee shall use and occupy the premises Tor _�.�•�,� ,t. —� F ,The prvmiws shall be used for no other purpose_ Lessor represents that the premises may lawfully be used for'such purpose.Lessee shall not use the premise-.for it,purposes of storing,manufacnrring or sailing any aeploalves,flammebles,at other inherantly dangerous substance,chemical,thing,or device. 3.option to Extend. option t.Lessor grams les�p rha option io W> nd ttils.lease,for an additional Yams). To exercise this option,Lessee must give Lessor written notice of the intent to do so an or before page I of 6 O tA01 Souaceti R4adb.llC JF2111n.1.IVA 07141 TO Mtid 8O8Z/OT/60 12/17/2008 10:42 FAX 508 862 4724 TO11N OF BARNSTABLE LEGAL 2005 This option may only be exercised if Losses is in full compliance witli the terms of this lease.The --"same terms In this lease will apply to any extension of the lease except as follows: Option Z If option 1 above Is exerdsed,Lessee has the option to extend this lease far an additional vea(W beyond the first option period,To exerdse this option,lessee must give I,assof written notice of the Intent to do so on or before _ ibis option may only be exercised If Lessee Is Irk compliance with the terms of this lease-The saute terms In this lease will apply to any%tenslon of the lease except as follovas .4.security Deposit Leswp shall depn5lt with Lessor an the signing of this lease the sum of Dollars(g I as security for the performance of lessee's performance of Lessee's obligations under this lease Lessor will refund the full security deposit to Lessee within. days following the end of the lease permitting the premises are in good.condition,except for wear and tear:and Lessee has paid lessor all monies due under Ns lu;ase:Lessee may deduct any arnourits requ'ued to restore.the premises to good condition and to collect any'monle5 owed to Lessor under the terms of the lease. S.Irpproueinemits and Attoratlorm 'Le=T,at his own expense and prior to the start of the lease term,will make the repairs and Improvements listed in At- /�chment 1 to this contract. _ Lessee accepts premises in"as Is"condition.Lessor will na[make any repairs or Intproventents prior to the start of the lease term. Lessee must obtain wrltoert consent from lessor prior tq making any alterations or improvements to the prenises.Such consent will not be unreiasonably withheld by Lessor.Prior1p the end of the lease term,Lessee nrwt repdir any damage caused by rein- stating the premises to its prior condition. 6.Lessor's Representaions,Lessor represents than A. At the beginning of the(ease tart,the ple4 n6M will be properly zoned for Le.-sce's stated use End will be in compil- ance with all applicable laws and regulations a.The premises have not been used tar storage or disposal of any toxic or hazardous hubs dnurs,and L.okaor has not recelved notice from any governmental agency concerning rehloval of any toxic or hazardous substances from the prop". 7.Care and Maintenarim of Premises. A. LessorwlH maintain and make all necessary repairs to:1)the roo(structural comppnen%exterior walls.and interior Common waits of the p'dmises;and 2)the plumbing,detrital,ventilating;heating and cooling syc[ams, EL Lessor WU dean and maintain(Including snow removal)the parking areas,yards,common areas and extedvr of the promises Indudinq removal of all 11w,:on a regulm Basis to Weep therpremiies in an attractive condition. C Lessee will dean and maintain Lessee's portori of the building to keep it In an attractive condif4n. S.Utilitle's.Lessor will pay for the following udlltles and services: ` Etedriaty I ra ors Oe 2 wiwsaeameaoa U11C I-hV-0147 70 39Vd 7WHSiM PoasTonag 01:EZ 800Z/0T/G0 12/17/2008 10:42 FAX 508 862 4724 TOWN OF BARNSTABLE LEGAL 0 006 Gas Heat Air conditianirig(Cooling) water Otfier: Any teems not checked or specified above will be the responsibility of the Lessor. 9.Imurance. A..Lessee will carry fire and extended coverage insuino on the promises• t3, i -c or will carry public liability insurance,which'will include lessee as an insured.prarty.Tha public liability Insurance Will be In amourrLs of at least, Dollars per occurrence. liars(S )in any une year: t. Laasor and L ssee release each nthm frnm any liability to the other for any property loss,property damage or personal Injury m the.extent covered by insurance carried by the parry suffering the loss,damage or injury, Q. Le 50r will give Lessee a Wpy of dil insurance polleles lessee Is required io obtain. 10.Taxes. A. Lessor will pay all real properly taxes levied and assessed against the premises. ALessee will pay all personal property yes levied and assessed against lessee's Nalsanel property• h i.Emmet oomaln. If the premises or bny partth,:=f or any agate therein,or any other part of the buf4ing materially affecdng Lessee's use of the premises,,shall be taken by eminent domain,this lease shall terminate on the data when title vests pursuant to such taking.The rent,and any additional rent,shall be apportioned as of the termination date,and any rent paid fbir any period beyond that date shell be repaid to Lessee, Lessee shall not be entitled to any part of the award ter such taking or any payment In lieu thereof but Lessee may file a claim for any taking of fixtures and Improvements owned by Lessee,and for moving expenses. MAsSignment and'Subletting.Lessee Shall not assign this lease or sublet arty portion of the premises without prior written eansent of the Lr-ssor-which shall not be unreasonably withheld-Any such assignment or subleaing without con4em shall be void and,at the option of lira Lessor,may te[mina'te this loose. 4=.r)et,teuctinn of Premises.In the even of a partial destrudon of the premises during the term hereof from any cause,Lessor . shall forthwith repair the same;provided that sub repairs can be-made within ninety(90).days under existlag governmental laws and regulations,but such partial destruction shall not terminate this lease,except That lessee shall be entitled to a proportionate. reduction of rent while-such repairs are being made;based upon the extent to whIch Lhe nedkie 19 of suet,repairs shall I nterfare with the buminess of Lessee on the premises.if such repairs canhat be made within said sixty(60)days,Lessor,at firs option,may make the same within&reasonable Gino,this leaseycouW ruing in effect with the rent proportionately ab2 wd 8e aforegaid,and in the eventtIng,Lessor Mall not elect to make such repairs which cannot be made WhIiin ninety(go)days,dies lease may be terminated ,at the 091106 of either party.In zlte emitllreLtlte building In wtvch the dardxd premises may be stwated is dastmyed to an extent of not less than.one lhlyd of the replacement costs thereof,Lessor may eledtMerminat -this lease whether the demised premises page 3 or d, d94nn'r,8oavonMcdlaLLG' Na,w•t-f m K11a1 w/w,rDCrrtOom E6 �]bd I-WhLsdrM 0tZEdite8g or. EZ 80OZ/E /60 12/17/2008 10:43 FAX 508 862 4724 WIN OF BARNSTABLE LEGAL 0 007 be ifiked.or not.A total destiuWon of the Wilding in which the premises may be situated shall terminate this lease 14.Quiet Enjoyment.I.essorcovenants that on paying the rent and performing the covenants herein contained,lessee shall peacefully and Quietly have,hold,and enjoy the demised premises far tha agreed term. I S.Holdover by lessee. Should Lessee remain In pcssesslon of the demiwd promises with the consent of"ssor after the natural eXpltation of this least,a new month•w•wor,th tenancy shall be Cceftei bemenn Lessor and Lessee,which shall be subjeccto all the terms and conditions-hereof but shall be germinated on days'written notice served by elihor I.easoor or Lance on the other party. •t6;Disputes. . Litigation.If a dispute arlses,either party miry tAb the matter to court, Mediation and Possible Litigation.If d dispute arlses,the parties will try in good faith to setde the matter through mediauon.conducted by: a mediator to be mutually selected. The partles wfil share-the costs of the mediator equally,Each party will cooperate fully and fairly with the mediator end MJI attempt in reach a mutually satisfactory compromise to the disputm if the dispute Is not-resolved within thirty(30) . days after it is referred to the mediator,either party may taltr 0 ie rnaner to color. Mediation and PossibleAebf mflon.If a dispute arlSes,the parties will try in good faith to setlle'the matter through mediation conducted by: a mediator to be mutually selected. the podia will stare the costs of the mediator equally.Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satfsfactary compromise to-the dispute.if the dispute Is not resolved within thlrry(30) days after it is referred to the mediator,it Of be arbitrated by:., e mediator to he mutually selected.. . Judgment on the arbitration'award may be eirtered In any,court that has jurisdiction over the matter,The costs of arbitration,Induding attomey's fees,will.be allocated by the arbitrator Lessor mush only pamcipate in the mediation or arbitration of a dispute if Lessee has paid the rent r,allud for by the lease or has placed any unpaid rent In oscrow with an agreed upon mediator or aVmtoc 17.Additional Agreernents.lessor and Lessee additionally agree that: 18.Hairs,Assigns,5ucee9som This lease is binding upon and(hures to the benefit of the helrs,assigns and successiars in interest to tho parties fiKa4dfi m Ii .Samoa MURL uc hy,�por�esrmi lf7friY•1�eev,lflro7 • via zodd bb4Balpaoq 01.6Z BOOZ/81/60- 12/17/2008 10:43 FAX •503 862 4724 TO{VN OF BARNSTABLE LEGAL 0008 T9.Notices.All notices moat be In wd ing.Any notes dot either party may or is requlred to give,shall be given by malllrtg the same postage prepald,to Lessee at tho premises,or Lessor at the addr8s specified above,of at such omer places as may be designated by tha paalesfromtlme to time. 20.5eirerability. if any portion of this lease shdll be held to be invalid or unenforceable for any reason,the remaining provl- slobs shall continue to be valid and enforceable,If a oourtfinds that any provision of this lease is invalid or unenforceable, but that by limiting such provision.It would bacorrw valid and Nnfnrreable,then such provision shall be deemed to he written, construed and enforced as so Ilmlted. . 21.Waiver.Mo failure of Lessor to enforce any\term hereof shall be deemed to be.a waiver. 22,Counterparts. Aity ray,signed,identical countcrpart5 of this lease shall be treated a,an oNginal. " 23,Mnrl"rfpr.attorL This lease may be modified only by a writing slqned by the parry agalw whom a modification Is sought to be enforced. 24.Governing Law.This lease will be govemed by and construed In accordance with the laws of the state 25:t:rhtire Agreement The foregoing constitutes the entice agreement between the parties and may be modified only by a writing slgned:by both parties.The following AttathmaM if Any,have hPon made a part.of this lease before the parties execution hereof: Dated; 20 oa ; Lessor Name of Business: 2.0s at 'Gg Printed Name; P A 6 Title 5treeTAddress: ILA—'- �`r!= N o ClrylStBtelLip; `` yG � . Lesser: Name o€-Business: �,a��c—tz�a� � ��a b � A-P •�;:. - Printed Name; Cra•��iA C� vv�GK�ah�t� Trtle Street Address; Clystatemp: _ VVNA i4_g a sna�_ 6trarantvr . By signing this lease,I personally guarantee the performance of all financial obligations of Fade 5 of s . ei t0o7,socram Med+a.uc 1YpK{0K4�.M. yJ\tlw1�IWY fMGI S0 V'VZE6.ta805 Bt=EZ SOM/01160 12/17/2008 10:43 FAX 508 862 4724 TOWN OF BARNSTABLE LEGAL 1@009 underthe terms of this lease Dated; t�a a r-6 vlr%k3 20 Primed Name• c r_ C—% o StreetAddress; 43 co c►J a'�..�..�.( ate City/5tatP-OP: k n 6 V—15'rotZ rv► t r wMnuovamsam m mN Soo��eat,,,,uc tr2s��•,atiayer 90 39Vd 1�t1HSad6J bVGEe'[y5OS et:Ez ee02!/0T/60 n �m 7a Al �t y 936 Wak eby Road, M M 6/22/06 i Zj Isv ��` ��1�`�� J vq,P f �P'•t f a�� %� µ '1•�pY v ._t �:� , a z , .w w � .��-,six.. .s � �� ♦ .i i # w a s Y F Y s � ll R IN Of ot ay d' d is w4 RN, f 4 IN i 0 - t, t y � r ^ x }z, r A 2,0 zk q zw 6- " � s " I ,K r f. { d q...�y� gal .•� 4 -� � y , y� l *= *,, L �.y f.' m � •i�P. f� i"' � z .nY� fir � ••� _ Y. 0.Wr M1' 0 .. y YEA yP�� 1�� .„...+ 4 hw r. ' y �v ..x • ,� �. r Add r 4i OA MIX Vr . 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E S 1 I Q c ` 5 I I t-,- - ,- 1 L-of__ _ ________ 1 � � ------------- uF __________ ____________ �'� I 'Pcwcd ccnccc}c J.b ,�•c I t I-� �I I I 1 lL 1 t ! I t ! 1 O � � f-i_t� i1-1 I 1-T-1 1-7-t I ,• Fv- i-A ..- t i up ; + EO-z •v I �_ ....................... -47 . A - r _ oa oo, Q000� so . `�A)O'J i'LaIC: I I4�• = I`-0" pi y c nDE S bJ J • I yRAI'<ING TYPE: q 5._O` I. Foundation Inn + s . . •. SHEET NUMBER: r A I I f I I ,------------__- -� ----- Ir--------1 1 I II I I p � rn 7' I------- _ —�------------ _n. ' p • ----------------- ¢,I---rrrr-- —-- , I� r 11 II I •�• 'I li II I-----'ll I' 'F I I ' I ar----zL—.'- --------------> - II r) li p "II 11 x- , II II II •8 e• AIL—s_ .. - .. 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I, ' S A .fl a O O -Q r � 6 of of e 1 2 n'-p• 1 Y N Lopyr IghCn]00 soy r.enneth5ndler A.—'lea: pQAWN^1 �Y: I x -! h=a u-0—r=pr,le=t=deli=rn=d=r.l PROJECT: 'three. �edroorn -Qi<ed Ga e,for: In r y eooyrlgnl Lee,>.me orlgmal perehn>er of una JN� N yADLO J m Plan I �S`tA r P T � h• 1- pleln is nulhdrltedlo cOMtruct one and only Proles>ionel Building DCDigner Z =hC.mG u>Ing lnla plan,InodlflE eU.h or reu>C 19 pl.hlblled w llwela< es>written f-Y N g o �' perms„IcnellnEDe>i�ner. H62L)e 6.��I�T ,aNGE Go�p. �fv '< .,ly el>rceceuca.crre.a.nd/or ew.elon> I-e nnekb hodlar A%soG oke �OCATION: YIb=bdlea.dd nde d-u ai .. � wl y>eonmt,ed on tone doeume ro REVI510N5: \' _ :h eugcnz o O o n.rrydaldnPl<n« si�iog \ /""' prcfesslpnal building dcslgn "' olaegn>[ectlonaProoe EInyWill . . . . . . . . co. ecuon Ean.umla>ln=aKo=pta�e ....:.....:.....:.. of lne,e eoeementa.na n= [ :commert:lel re5ldentlaf' [ e'w ...I•..•., i i , , , , i i 1 EI>ereaaneba,n•Era a ny/Er omlaalone P.O.Box 1 1 4 a•Nymmb,MA O]60 1 900.190.9't]7 beCOmC lne retpon>Ibllty 01 U= ; r ..:....i...._.t>aNerat>nOealgn.com•uww.K>edealyn.eOm ........I.... � blEldlrlg contractor. Y n'-O• e' _0 d v I .. I I J ip Ory _ h+Aei;n•A 2nn +_I_ y n 1 Q 1 C 1 4 I o•.o> �e•.p•l y.I > n I o I� c. Ig _ I .�- N� I >/le n•.91 C N I • Il D 0 -n 1 r Z i Fff ........... ---- -------- DRAWN BY: N L"Ifn oDsbylcennetnsedmrADaoclatcs� PROJECT: S —areprpteGtedbnderrederal three p�edroom �a'i�,ed Ga e for: rn A ews.The pr lnQl purchd>er of thb 1: Plan '15 9 A P Y-C1 lI IETN�fa(JLep rn p ➢ thwledt.o con>[ruct one end onry "y 91 Yeln.ChM plan. i•f OIC0910na1 OUIIOI DCDI net ronlbmed w1thoet /CAcml»bnuftneDe>Iger. ::1NOU�iNG rk��rJ4.NGe Go�p.- �� .._ LOCATION: na»mn,O rn eny Cl>uewnGlee.errors ana/oro 7J O (roil da�u,gf--aado lthaafe QOWnen[> I�ennekh Sadler AssoGia�es�" 9 REVISI IONS: me DLh e signer ortor to me wn�meneemon[ ... .. t 0 _ GOn Ke GanctruGl•ion Plan. si5io5 " '°'- prafesslvnol building design ""I"" ....j..... ..,........i.....,.. e commercial•re5lden[iaf' a was reG a strue:lOn wnstl[u[ee the accepts et tone doeumanta ano an •i. 1 • • • I.•..j,... a>ere.a-lea,err ore lb.11v.1 thean P.O.Bo.+11n9•Hyannla,IwAo]e0t 9Da.190.9911 I bacame tK reepaneronty OI the .,i.....i.....i.k90aerOk>ad081gRLOm•www.k DaOQ>Ign.GOm��i -i.....j.... buadln0 contraetOr. 3 / Gar o-�cn}++�con#inunu.ridge..eat<t yp.> DI � e y�3 n u 0 3 AsPhd}<hinglcs<typ.l 6• p.Pcr yp. . %%Yp<n 1 2'Fibargln,.s insuwtion {:%a!}yp.l r,� O 2 ya&.;5"Joists e 1!o"o.c.(#yp.l 2 nd.F;.v1.7 c d� V 1l1 'b'\ Elcv.-1 7._�` TYP"^I 2,41 heater—� I � tx 1/2"GYPsum bo„rd(t yF.) f-�'• \—B"N.O.insul.6— F-9 0 (� N .. ............. .....'........: Ice and wotar..hia:d I I S yJ %/4"T.l4 plywoed subfloor � 1" .. A:—;—drip edge w `Fglued<o UA(tyr.) I __ . A(•.+m:n:::r.qvk}crs ko irywc.".s—`Y � _ ` T.O.2 nL Fl,Orsa� - � _ . 12- 1,_•2 Pinc trim(}y e I!o" P.? or Joic 2•1 O F( r joists a I Ca`at. I a}e - 1 � 1ylOFlo tsas. ao Gar..nvovs svi�.went Cleo.-b'-B 1/9" v B"N.O.Insu:.tion O O ftyP.l TYPic.I 2 y I o header— W p-cd cedar c;.oba.rd q`T.W. w/white Lc d..r-.hinq:U. T W 1/1"4yp—m board(#yp.l I O an.11 othtr w<is 0YP') I/2 Crypsum board(typ.) _ IL Ty�c�•s hou•.e wr.o(#yp.l � ( i ' 2s96e.rinq wall _ � � � I yp.) J C i I/2"H.0.msu;.iion p-15<k yP.) / 9/9"T.4G.plywood subflaarmm C, GJucL<foiled Qyp.) 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Nm ovm m" m I VjP"n=� �COR-OOH•1 19'-Z"X 1 1'-!0' I.,X 1 •:� `0 �"3c dJ o N .'•, ....................................... _....._..___'__.._...._._._. _ a C' �li ...... eoou QI 1 ' �� SS,Ss �' O n • � O �1..._..._.::' 'G �EGOhj� PLOO� ELEGT��Gf�L PLAN 1 I J kale: 1/4•'_ (�-O•' DRAMNG TYPE: EIcu�Ic a.l Plans FI� -;21— PLOO� ELEGT�IGL.F'LN J SHEET NUNBER: _N Ts" a � ``evoaJ e i F Ar"11LY F-'GOI-{ r / ------------- E S ---------- PJEO(-001-(•1 19'-2`Y. 11'-&' Ij ... 1 I IJP .. � a• I :ate ______________� ,I! 1 L_______-______--------_------- ______ p Ill. :, I .... 1 .... 1 I 1_________ 1 -___________. _____________ l , I I I t V up I lu � 1 Fi FLoo�PLUr-f3��Nc, PLAN I 1 I I - c� 1 I I f � m 1 In d 1 I I 1 _____________________________________________________________1 A. n 1 '-------------------------- ----------------------------- I n 1 ...Y.;.....__..._v.°. lot �', FOUNp�,rioN PLUr if�►NG PLAN d.,.. I I _ I e��P-GOry•1 1 ,A700. �� r�eorGort°� n•g� - �o; o'o n I I c v I __.__ - 1 O n o k c E "I V I t pRAMM&TYPE: r G �EGOt.�p FLOOD E'LUtj13IN4 PLAN Pi�mb 9�u�ar 9 PiA SHEET N!)"BFR: A -7 00 • _.. _ - _. -• ..�,-.ram..,.--... _.�--� _ ,.�- 4 �. � ♦ ,� Q V Y x �� 1 �: r 7$ (EFFECTIVE LENGTH) DISTRIBUTION BOX 4 HIGH CAPACITY INFILTRATO SNj 7$' 3.5' STONE AROUND AND 14" STONE UNDER 0- N � 1500 GALLON SEPTIC TANK O W V) n 00 O °l Enr m" -� Z = o m 33.6' J a v INSPECTION PORT HIGH CAPACITY H-20 INFILTRATOR CHAMBER N X MOUND FOR PROPER DRAINAGE I ESTA33USH VEGETATIVE COVER LQ 9' _ V TOPSOIL 2-MIN 1/4' to 1/T'DOUBLE WASHED STONE r 6' MIN. NON-TRAFFIC AREAS PROP 32.01 w U ao 3 12' MIN., H-10 LOAD AREAS pSED Z X o t� NATIVE : cam Hp US E J Q2: N BACKFILL + Q BASE AGGREGATEf� 4 H N 00 j3/4, to 1 1/2"-° x �� UNDISTURBED Of 1-- 00 UNDISTURBED DOUBLE WASHED '�� *+ F61Ek' N EARTH Q- Q 00EARTH NOTE: Of Of N W ul 4'-11' 4'-11' LENGTH OF TRENCH VARIES SEE SEPTIC SYSTEM SECTION 0_ v 9'-1D- SEPTIC SYSTEM DIMENSION DETAIL INFILTRATOR TRENCH DETAIL NOT TO SCALE SEPTIC SYSTEM DESIGN DATA GENERAL NOTES '.. 4. THE LOCATIONS OF UNDERGROUND UTILITIES SHOWN ON 6. REMOVE ALL UNSUITABLE SOIL, OeA AND B HORIZONS 1- ALL MATERIALS AND CONSTRUCTION METHODS SHALL THIS PLAN'ARE APPROXIMATE. AT LEAST 72 HOURS PRIOR FROM WITHIN FIVE FEET LATERALLY AND UNDER THE CONFORM TO THE PROVISIONS OF THE COMMONWEALTH OF TO ANY EXCAVATION FOR THIS PROJECT WORK, THE PROPOSED SOIL ABSORPTION SYSTEM AND REPLACE WITH SEWAGE FLOW ESTIMATE MASSACHUSETTS ENVIRONMENTAL CODE TITLE V. CONTRACTOR SHALL MAKE THE REQUIRED NOTIFICATION TO CLEAN SAND MEETING THE REQUIREMENTS OF 310CMR DIG SAFE (1-888-344-7233)FOR VERIFICATION OF 15.255. SOURCE UNITS GPD/UNIT QTY GPD COMMENT 2. EXCEPT AS OTHERWISE NOTED, ALL PROPOSED SEPTIC LOCATIONS. SINGLE FAMILY RESIDENCE I BEDROOM 1 110 1 3 1 330 310 CMR 15.02 (13) SYSTEM PIPING SHALL BE 4' DIA. SCH40'PVC SET TO THE 7, WATER SUPPLY FOR THIS LOT IS A PRIVATE WELL LINE AND INVERT ELEVATIONS SHOWN. THE MINIMUM PITCH 5. CONSTRUCTION OF THE SEPTIC SYSTEM SHOWN ON THIS INSTALLED IN THE LOCATION SHOWN. THE LOCATIONS OF TOTAL ESTIMATED PEAK DAY FLOW 330 GPD - NO GARBAGE GRINDER OF PIPES CARRYING SEWAGE OR SEP11C TANK EFFLUENT PLAN IS SUBJECT TO THE INSPECTION OF THE TOWN OF WEB ON ADJACENT LOTS ARE FROM BEST AVAILABLE DATA. SEPTIC TANK SHALL BE 1/8TH INCH PER FOOT IF NOT OTHERWISE NOTED- BARNSTABLE HEALTH DEPARTMENT AND THE DESIGN THE PROPOSED SEPTIC SYSTEM IS TO BE LOCATED AT LEAST z ENGINEER. NO PART OF THE SEPTIC SYSTEM SHALL BE 150 FEET FROM EXISTING PRIVATE WATER SUPPLY WELLS. _0 3. PRIOR TO CONSTRUCTION OF THE `%EPTIC SYSTEM BACKFILLED OR MADE INACCESSIBLE UNTIL INSPECTED AND DEPICTED ON THIS'PLAN, THE CONTRACTOR SHALL OBTAIN A APPROVED BY THE HEALTH AGENT. THE CONTRACTOR - to TOTAL FLOW X DET. TIME = 330 GPD X 2.0 DAYS = 660 USE 1500 GALLON TANK DISPOSAL WORKS CONSTRUCTION PERMIT FORM THE TOWN OF SHALL SCHEDULE INSPECTIONS AS REQUIRED. > taJ BARNSTABLE HEALTH DEPARTMENT. F SOIL ABSORPTION SYSTEM a CHAMBER GALLERY LEACHING AREA CAPACITY I.1 Lo NO. LEN WIDTH DEPTH SIDE BOTTOM SIDE BOTTOM TOTAL a Z coy 11 - (ft) (ft) (ft) (sf) (sf) (gpd) (gpd) (gpd) En 1 32 9.8 2.0 167 315 124 233 357 W m Z w M o PERCOLATION RATE: 2.0 MIN./IN. LEACHING RATE: (GPD/SF) SIDE - 0.74 BOTTOM - 0.74 0 2 J W Q Y (n Q Z 0 SOIL TEST DATA 0 ul o v Ito . 'DATE: 2/1/01 - 9932 TOP FO NDATION tos.o EXCAVATOR: WRT 0 r B.O.H. AGENT: GLEN HARRINGTON (BARNSTABLE) o RE . RISER TO WI HIN 6" OF FIN. GRADE ENGINEER: ARNE OJALA, PE Q �'2 1ot.7 LOCATION: TP2 z= LOCATION: TP-1 O ,A, o 105 FIN. RADE = EXIS NG ELEV. DEPTH m ~a�1n ELEV. DEPTH OeA - LOAM/ M SAND 103.6 0.0 eA - LOAM/M. SAND ZQ F o Lo _ 103.2 0.0 NSA 0.5 � J N 00N 101. 100.87 3'PVC 103.0 0.3 g - LOAMY SAND B\ LOAMY SAND a z N w-j 0 ' s oozo{ # TOP E F. DEPTH 100.80 W Q�O LLJ 102.00 s vvc r � �v allI ;{1 E! `'I I #d}1} r F j '`t j i; Kst t 100.2 3.0 100.6 3.0 N W m?�N 100 s- .oz _ t t> II Ile t i ! I€situ C1 - M/C SAND & GR. w vi '.'`i< `�r.''r%i.f,:,`•f!%j�f;,;::fr,,rf; l,'.'. 99.0 4.2 Cl - M/C SAND & GR 99.3 4.3 p _JU¢W� y-PVC M/C SAND N NN O s-o.ozo 2�LE _L PIPE SECTIO BOT. E F. DEPTH 98.80 4'3 PERC 2 MIN./IN / _ DIS . BOX ., C2 - M/C SAND Q A �Qz vNiaa s4' H_-20 lGH tCAPACITY INFILTRAT&,§-::. a0 Q 0 1500 G LON W/3:5'' STON AROUND AND 4" SfONE UN R ,coOf ir gg SEPTIC TAN +i 'e•ii.. ." i� - -n. Q_ Q z Q UN 10" BELOW LIQUID LEVE W OBAFF E U4" ELOW AN REPLACE.W/C EA�1 SAND n 'y 0 w w QUI LEVEL sv+: 1r- r,r_l it - 9' 93.2 10.0 93.6 70.0 BOTTOM ��1 Oz T 1i:32:0' J �> _ r } BOTTOM NO GROUNDWATER TT 13.4' 1 t;-3' a3.5. 1 �1 /i� >�f � : y�` 1 NO GROUNDWATER 0) u-= c 90 -10 0 10 20 30 40 � .,SO' 60 r : w 80 SECTION THRU SEPTIC SYSTEM o5-016 • � • SHEET 2 OF 2 '. I u• y r,o �_ ,}:-::`i,z, �f, Se �, _w N U) w 00 W 00 '` aT r�`b 9JJ•• 0' 'I fit^ (n x , II 'p "� L. Q STONYN OF SANDWICH o / I !?@ 's� �3 �` p � �� ` p = Q G, W:_ -�^i>•. \ t— �. �L".\ ��1�.''t Fy� I / \ f7�-<'' ��a,.:inY `\r.. C*tr,x�l y�'�;' i`•. L-• J�''• . Ln Lp 'ter :u 3 _�\ 92 t✓ ��`tr1; �i� q Tc7 ( rwt6ergI � ti2 QO ro 00 CO Q , W CO CO O LOCUS MAP O MAP// // 006 LOT 1 I PLANASSES ROEF: PLAN 1BOOKRCEL 558 PAGE 56 PLAN DATE: APRIL 14, 2000 •1 _AD LOT 2 I LOT 1, 43,634 ±SF DATE OF SURVEY: DUNE 1, 2005 /�°j�oo/�/, / - SAS RESERVE // o LEGEND > moo . �� _ \ 31/3' `� 'L 5p� - EXISTING CONTOUR N T o n. o PT o _� / _ - _ 50�� PROPOSED CONTOUR o o a ' 0 0 N D _ S'�iS EXG. TREE/SHRUB LINE a (z o 1 / Op — i PT I------ ---I W r Q O 0 .Y 50.0 EXISTING SPOT ELEVATION m z I w o c� w F SE [50.0] PROPOSED SPOT ELEVATION x = w 0 0_ � SO PT TEST PIT/PERC TEST r L - / / oa ��d%\ h `1D3 / / WATER SERVICE Q �� 100 zm UTILITY POLE 0 J o= WELL z m a-'0 1 / JI vaFi 0CL 0N \ v 02 CL>- ZNa�Qo _LL..JJ.�JJ �-� \ 122.8 '01 , 99 _ - - - N.w J2Zuj w� EROSION CONTROL wY 1NNoo WA — / 34.g1' 1. AN APRON OF 3/4" CRUSHED STONE 3" IN DEPTH OR 0�+� O<Naa< KEB — _ F -\\k OF Mass 2" OF BITUMINOUS CONCRETE BINDER SHALL BE PLACED 0ILI, N o F- l�pA� I 1 P`<NO ��P AT THE PROPOSED DRIVEWAY WHERE IT JOINS EXISTING U) Z U S ...... = DAVID yG PAVEMENT. THE APRON SHALL BE IN PLACE AT THE TIME Q OF THE FOUNDATION INSPECTION AND SHALL BE g w w O — O � MAINTAINED UNTIL THE PERMANENT DRIVEWAY SURFACE IS t p Q r, 1 THULIN THULIN o CONSTRUCTED. ALL SOILS. VEGETATION AND = O No.29976 NO.39403 y CONSTRUCION DEBRIS FROM THIS PROJECT SHALL BE I� TOWN OF MASHPEE ao 0 20 40 80 O 6 CIVIL v CONFINED TO THE PROJECT SITE DURING CONSTRUCTION. jam/' �_ PERMANENT SURFACES INCLUDING PAVEMENT. LAWN AND } C'�STE �T�VD LANDSCAPED AREAS SHALL BE PROTECTED BY PROPER / IN FEET GRADING, MULCHING OR OTHER CONSTRUCTION AS MAY BE �-'- l REQUIRED UNTIL STABILIZATION OF THE SITE IS 1 inch = 40 ft. ( ACHIEVED. ' 05-016 SHEET 1 OF 2 l i G� Rd P� Q' 0 �a Pond a � K'°keby Ro°d �� LOCUS WELL LOCUS MAP SCALE 1"=2000'f ASSESSORS MAP 12 PARCEL 6 LOCUS IS WITHIN FEMA FLOOD ZONE C AS SHOWN ON COMMUNITY PANEL #250001 0015 C DATED 8/19/1985 r ' ZONING SUMMARY ZONING DISTRICT:RF RESIDENTIAL DISTRICT O MIN. LOT SIZE 87,120 S.F.* MIN. LOT FRONTAGE 150' FLAGSTONE FIREPIT MIN. FRONT SETBACK 30' MIN. SIDE SETBACK 15' MIN. REAR SETBACK 15' ' r / SITE IS LOCATED WITHIN THE 00 i r' GROUNDWATER PROTECTION OVERLAY DISTRICT *SITE IS LOCATED WITHIN THE RESOURCE PROTECTION OVERLAY DISTRICT r � , REFERENCES ' DEED BOOK 21037 PAGE 112 DEED BOOK 13615 PAGE 42 PLAN BOOK 558 PAGE 56 LOB 1 ^ NOTE: 43,630t SF 1 .0± AC ,'' CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING DIGSAFE (1-888-344-7233) AND VERIFYING THE LOCATION OF ALL UNDERGROUND & OVERHEAD UTILITIES °o - PRLOR TO_ COMMENCEMENT._-OF WORK. r EXISTING USE: P S G U S9 i �`� EXISTING 3 BEDROOM / SINGLE FAMILY RESIDENTIAL CONC. -� SEPTIC SYSTEM ,' PER BOH AS-BUILT ' BLOCK { /' ' PATIO _ PROPOSED USE: � '--_i , r , - C,� ,' '' DECK ----- -` - ` SINGLE FAMILY RESIDENTIAL WITH HOME OCCUPATION BY SPECIAL PERMIT °�, / ;u (LANDSCAPE/GARDENING USE) r EXISTING DWELLING / r #936 , N° "OCP r - \ ' SITE PLAN 9, t ' 70 EXISTING - ASPHALT WALK �' / - OF LAND IN ` `--------- ''EXISTING EXISTING MARSTONS MILLS OD ASPHALT DRIVE 'VEGETATION 9a '/ 26.6' ' BARNSTABLE, MA 'PROPOSED$. x 936 WAKEBY ROAD \ 9g -GRA VEL DRIVE PROPOSED 97 _ 1,20ot SF . , PREPARED FOR 9 9 - ` ( Vt) 6 STOCKAQE- ' ----- - "�. .3 4" NA I --__ -- � FENCE�� - ----- KEITH & CANDACE x �r I \ ` EXI� x �ING x x�i _ 122.81' -- --- VEGETATION x,X_if 96 McKEONE. _ \ —------------- 98 0 , — _ 0 E DATE: OCTOBER 12, 2007 y _ 34.91' Scale:l _ 20' 190 �p e .YRO PROPOSED — �` 0 10 '20' 30> 40 50 FEET � EVERGREEN SHRUBS" — _ TO INCREASE SCREENING — — i h off 508 362 4541 ' fax 508 362=9880.: ��H OF MAS�cyG p (F1 OF MASsq DANIELA. s DANIEL `yGN down cope engineering, in c. o OJALA ��, A. CIVIL N U OJALA Cl VIL ENGINEERS No.46502 4 .o No.40980 `1G1 Ts a �0, Ss� `'P LAND SUR VE YORS �l hId7 �`�Sio AL E � UR E� ``— 939 Main Street - YARMOU THPOR T, MASS. F; DATE DANIEL A. OJALA, P.E., P.L.S. DCE #07-247 07-247 MCKEONE.DWG (ARG)