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0175 WOODSIDE ROAD
o is tlrkZA--1 161L IK - F a�J r, 1 ti 945-0060 394-8144 or 362-1202 ' p2i1m�q�S / , ,.davenportreatty.com 693-0012 SEE IT ONLINE r qual Housing Opportunity I 325-0047 BARNSTABLE,W Largell,BF RD 992-1400 CLICK IT ONLINE In' rivafe )nelghbo'hgod; HYANNIS: j i3 $tOK min To view more photos and 1;$900/mo 508 944-6694 J xtion on Internet wording from the Cape Cod ® BOURNE:Monument Beach MODERN ccnm.com Times print ad... ® 1 Br., $850/mo+utils. 1sU Large clean 2 Br, walk to y www.capecodclassified.com last/security.508-776-3441. town, hospital, $1100/mo in- tr> ur familyin- cludes.Call 508-775-5611. BOURNE/SAGAtNORE BEACH: 1 What to read Near canal. Large 1 bed- MASHPEE:2 BR.1 BA. 'E pf funny? about books online? room apts $700-$900/mo+ nC Johnson 0 includes all dell-Bannon's is. Check out BOOKMARKED utils.Large 2 bedroom apts, jumn Sundays in the Cape Cod Times To view more photos and $950/mo+utils.1st,last,se. MASHPEE COMMONS: 1 &2 (Family section of book blog wording from the Cape Cod curity + 1 year lease re- BR studios avail.starting at Cod Times. www.capecodonline.com Times print ad... quired.No ppets. $975/mo. Some units allow a /books www.capecodclassified.com 508 564-5900 a dog.Call 508-477-5400 i— - x 4 D I R E T O R Y _ S .� o ���/J G � ���/��"'� 1 ��� a��s� n u f ., f B ri a d � I i �A Z Z+ � L, o GVWV�/n �'f1M IJl A A — i, �.�,�,ll Y 1.�GCJ I 4/lc S �, S o 1. • '•' 1, '1 r t'1 t t - •f t r . i i ? S 1NInw q��� F��� �- �- 5Qg-q5g Ia53 w PP Bk 32271 Ps 122 4:42377 BARNSTA.BLE 09-04-2019 a 0 2 47P TOWN CLERK �F1HE T 19 AUG —? P 2 ;46 BARNSTABM MASS. Town of Barnstable Zoning.Board.of Appeals Decision and Notice Comprebensive.Permit No. 2008-017--Kyle Chapter 40B Comprehensive Permit Summary: Comprehensive Permit No.2008-. 017 is rescinded Applicant: Deidre C. Kyle Property.Address: 175 Woodside Road,Marstons Mills, MA Assessor's Map/Parcel: Map 127,.Parcel 030-T00/ViW00 Zoning: Residential F Zoning:District, Deed.Reference:. Book 11317 Page 168 Permit References Book 22918 Page 256' Locus and Background: The applicant applied for a Comprehensive Permit under:ChapterOB of the General.Laws of the Commonwealth of Massachusetts, and in accordance with Article ll.of Chapter Nine of the Code of the town of Barnstable, more .commonly termed the "Accessory Affordable Housing Program. i Comprehensive Permit.Number 2008- 017 was issued to the applicant on February 8,.2008 and a Regulatory Agreement and Declaration of"Restricted. Covenants-were recorded at the Barnstable I County Registry of Deeds on May 19,,2008 as Book2291.8 Page 260. The Applicant no,longer owns.the property and therefore the Comprehensive Permit No: 2008- 017 must be rescinded. Procedural & Hearing Summary: A public hearing to rescind Comprehensive Permit No.2008-017 was duly-advertised.and notice sent to abutters and the property owner all in accordance with MGL Chapter 4.0A. The hearing was opened on July 24, 21019 at which tiine the Hearing Officer, Alex Rodolakis, made the following findings.and.decision: I Findings of.Fact: 1. The applicant, Deidre C. Kyle, was granted Comprehensive Permit 2, 0084.1.7 for an j accessory .affordable apartment at 175 Woodside Road, Marstons Mills, MA on February 8,2008. I i i i ��1 i + Town of.Barnstable,Zoning Board of Appeals Comprehensive Permit No.2008-0t7—Kyle isrescinded; 2. The applicant,Deidre C.Kyle,sold the property on April 2,2018. 3. On May 15, 2019, the Accessory Apartment Program Coordinator took action to rescind Comprehensive Permit No. 20.08 0.17. Ordered: Comprehensive Permit number 2008-017is rescinded. A written copy of this decision.shall:be fgrwarded to the Zoning Board.of Appeal as required by the Town of Barnstable Administrative Code Chapter 241, section I L If after fourteen(14) days from that transmittal the Members of'the Zoning Board of Appeals takes no action to reverse the decision, this decision shall become final.and a copy shall be the,filed in the office.of the Town Clerk: Appeals of the final decision, if any, shall be,made to the'Barnstable`Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after. the date of the filing of this decision in the office of the Town Clerk.. The applicant:has the right to appeal this decision as outlin i GL Chapter 40B, Section.22. 2`1 1 Alepddolakis,Hearing Officer Date Si ed I, Ann Quirk,.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 has been filed-in the office of the Town Cleric. Signed and sealed this c to�b day of under the pains and penalties of perjury: Ann Quirk,Town Clerk 0,9 (l. U1 i .r ..• 4 (! BA:RWABLE REGISTRY OF DEEDS John F. Meade, Register 2 r Barrows, Debi From: Florence, Brian Sent: Monday,April 02, 2018 3:13 PM To: Barrows, Debi Subject: FW: Code Compliance &Open/Expired Permit Request : 175 WOODSIDE RD Attachments: new codes and permits letter.docx Hi Debi, Can you look into this? If it looks like a big request please have them complete a public records request... if it's something simple like a single permit maybe you can email a copy of the permit without all of the supporting documentation. If they need plans and everything please ask them to make a FOIA request at: http://www.townofbarnstable.us/TownClerk/publicrequest.asp Thanks, -Brian Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis; MA 02601 508-862-4038 Brian.florence@town.barnstable.ma.us From: Criselda Martinez mailto:cmartinez slk a.com Sent: Monday, April 2, 2018 12:14 PM To: Health; Florence, Brian Subject: FW: Code Compliance &Open/Expired Permit Request : 175 WOODSIDE RD Crissy Martinez, Senior Tax Analyst SLK Global Solutions America 2727 LBJ Freeway. Suite 420. Dallas, TX 75234 Ph: (469) 646-8720 1 Fax: (888) 377-7128 cmartinez(&slk_ga.com ( www.slkgroup.com L From:Criselda Martinez Sent: Monday, March 19, 2018 8:59 AM To: health @town.barnstable.ma.us; brian.florence@town.barnstable.ma.us Subject: Code Compliance&Open/Expired Permit Request : 175 WOODSIDE RD Crissy Martinez, Senior Tax Analyst SLK Global Solutions America i 2727 LBJ Freeway. Suite 420. Dallas, TX 75234 Ph: (469) 646-8720 1 Fax: (888) 377-7128 cmartinez(ftl0a.com I www.slk_-qroup.com �wo"d �7 ------------------------ PLEASE NOTE -------------------- Our email domain has changed to `@slkga.com-- --------- ----------------------------------------------------------- 2 TH Commonwealth of Massachusetts Op E Tp� `. � Town of Barnstable LASS. `0vr ok 200 Main Street(508)862-4038 AIEDMA�A PERMIT REPORT BY ADDRESS Address: 175 WOODSIDE ROAD,MARSTONS MILLS PIN Status Permit For Parcel ID Apllicant Work Description Inspection _ Inspected on Inspection ' Inspection Status Comment B-2008-02709 Closed Addition/Alteration- 127-030-T00 PROPERTY OWNER AMNESTY Building Final 5/21/2008 Pass TPER: Residential APARTMENT-1 BEDROOM 600 SQUARE FEET ABOVE ATT GARAGE B-46583 Inactive Deck 127-030-T00 KYLE,DEIRDRE C 16'X 16DECK Total Permits: 2 100 50 1 of 1 i ealNo 98-063 �A eal S ecial Per Status Not Famil A t ,qPP Pp P �i Y P fir, k u ° lastM Appllca"nrM Kyle peirdre C. - �S kA' � Adclr, r s 175 Woodside Rd fin ; Vill ge West Barnstable MA 02668 �Aff Received 01/30/2001 Map Par 127030T00 Zoning RF tis",— cam 'ig z 1 y' , ecision £ Notes 7/29/03 T.Perry changed to"not family apf'status. See �T 6/12/00 affidavit,family use only. ' ji��� 7 .. t AFFIDAVIT I,Deirdre Cronin Kyle,being duly sworn, state the following: 1) In connection with an"anonymous"complaint against me to the Town of Barnstable Building Department, I executed the attached Affidavit on June 21, 1999, which Affidavit was mailed to the Building Department by my attorney on June 22, 1999. 2) I have recently been informed that there have been further"anonymous"calls made to the Building Department,re-alleging that I have a tenant living in the family apartment located in my residence at 175 Woodside Road, West Barnstable. 3) The purpose of this affidavit is to reaffirm the facts set forth in the attached affidavit. All of the facts contained in my affidavit dated June 21, 1999 (with the exception of Paragraph 1 thereof), remain true and accurate as of today's date. 4) The only revision to said Paragraph 1 of the attached affidavit is that in addition to my husband and(now two and one-half year old)daughter,my 14- year old step-son,Robert S. Kyle, currently resides at my home. We are also expecting a new baby(scheduled to be de ' ed on June 14, 2000);thus the number of inhabitants will have chang fro three to five. Signed under the pains and penalties of penury 's 12`1 day of J , 2000. r Deirdre Cronin Kyle COMMONWEALTH OF MASSACHUSETTS I BARNSTABLE, SS. June 12,-2000 Then personally appeared the above-named Deirdre Cronin Kyle and acknowledged the foregoing instrument to be her free act and deed,before me, Kate Mitchell—NotaryIPublic My Commission Expir s: 3/02/01 AFFIDAVIT I,Deirdre Cronin Kyle,being duly sworn, state the following: 1) I currently own the property located at'175 Woodside Road,West Barnstable (and Marstons Mills),Massachusetts. I reside there with my husband and one and one- half year old daughter. 2), In February of 1998, my husband and I made a decision to purchase a home on the Cape,closer to my husband's job. 3) We were referred to a real estate broker,Tina Carey of Realty Executives in Hyannis. Being unfamiliar with the Cape, I relied on Tina's judgment and professionalism in making a decision. 4) In my first,conversation with Tina Carey,I informed her that I was only interested in looking at homes with a family apartment. 5). My mother,Cynthia Ann Cronin, is handicapped (left side paralyzed as result of cerebral hemorhage in 1967 during childbirth). She does amazingly well despite her handicap, but often falls, and requires assistance in various chores. My father has always been there to take care of her. My mother is not able to live alone. 6) In April 1996, my father,John Francis Cronin,Jr., suffered a massive heart attack, and underwent emergency triple by-pass surgery. The surgery did not go well, resulting in serious complications, including,but not limited.to, a preforated intestine, resulting in a semi-permanent colostomy,extended hospital stay and subsequent rehabilitation hospital stay. We were advised by his doctors,based on the severity of his illness,that my father would not live much longer. 7) My husband and I agreed-that once my father passed away, we could not let my mother move to an assisted living or nursing home. 8) For the reasons set forth above, when we decided to purchase a new home, we looked only at houses with family apartments. Tina Carey showed us over 20 houses on the Cape, all with.family apartments (or potential therefore). The houses my husband and I liked,my mother came to see. When we saw the house on Woodside Road;we all agreed that it would be perfect for our growing family. 9) We immediately made an offer and entered into a Purchase and Sale Agreement with Robert Ingraham to purchase his then home at 175 Woodside Road,West Barnstable (and Marstons Mills). 10) A few days after entering into the P&S,Tina Carey called to inform me that Mr. Ingraham's attorney suggested we apply to,the Town of Barnstable to legalize the r W r family apartment. That was the very first I ever heard about the family apartmenti , zoning ordinance. I was told that it was no.big deal,I just had to sign an affidavit, and appear before the ZBA. 11) I purchased the property at 175 Woodside Road on March 27, 1999. 12) Shortly after that,I appeared before the ZBA requesting the apartment be designated a family apartment for occupancy for my mother. I informed the Board of my father's health and that once he passed away, the plan was for my mother to move into the apartment on a permanent, full-time basis. 13)' At the present time,my father is still alive,although gravely ill, in and out of congestive heart failure, and for the most part confined to a hospital bed on the first floor of their home in Scituate. My sister has moved in with my parents for the time being. 14) When Gloria Uranus from the Building Department called to tell me there had; been a complaint made against me, I did not fully understand or remember that' my mother had to be residing in the family apartment full-time to meet the requirements of the Barnstable zoning ordinance. 15) Upon reviewing the ordinance and options available to us,we considered removing the'kitchen in order to comply with the ordinance until such time as my mother moves in on a full-time basis_ However,the cost to remove and re-install the kitchen is prohibitive and would result in financial hardship at this time. Furthermore,my mother uses the apartment regularly,-although she is not yet living with us full-time. 16) My mother intends to become a Barnstable resident,and move in full-time as soon as she is able. At present she cannot move in full-time as my father remains. _. alive and at home in Scituate. It is untenable for them both to live with us,'and my mother will not leave him. Because of what we believe to be a temporary situation,my mother occupies the family apartment only some of the time. 17) We presently hope to preserve the family apartment-and respectfully request the .Building Department's cooperation in this regard. I would be happy to re-appear in front of the Board in order to clarify the situation, if necessary, and/or to provide any further information requested. Signed under the pains and penalties ofuLryt 's2lstdayo June, 19 Deirdre Cronin Kyle ' COMMONWEALTH:OF IVIASSACHSLjETTS BARNSTABLE, ss. June)j, 1999 Then personally appeared the above-named Deirdre Cronin Kyle and ack wledged the foregoing instrument to be her free act and deed, before me, Kate Mitche 1 —Notary ublic My Commission Expir : 3/02/01 i v AFFIDAVIT I,Deirdre Cronin Kyle, being duly sworn, state the following: 1) In connection with an"anonymous"complaint against me to the Town of Barnstable Building Department, I executed the attached Affidavit on Jude 21, 1999, which Affidavit was mailed to the Building Department by my attorney on June 22, 1999. 2) I have recently been informed that there have been further"anonymous" calls made to the Building Department, re-alleging that I have a tenant living in the family apartment located in my residence at 175 Woodside Road, West Barnstable. 3) The purpose of this affidavit is to reaffirm the facts set forth in the attached affidavit. All of the facts contained in my affidavit dated June 21, 1999 (with the exception of Paragraph 1 thereof),remain true and accurate as of today's date. 4) The only revision to said Paragraph 1 of the attached affidavit is that in addition to my husband and(now two and one-half year old)daughter,my 14- year old step-son,Robert S. Kyle, currently resides at my home. We are also expecting a new baby(scheduled to be de ' ed on June 14, 2000);thus the number of inhabitants will have chang fro three to five. Signed under the pains and penalties of perjury is 12t'day of J , 2000. Deirdre Cronin Kyle COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. June 12,.2000 Then personally appeared the above-named Deirdre Cronin Kyle and acknowledged the foregoing instrument to be her free act and deed, before me, f Kate Mitch 1—Notary ublic My Commission Expir s: 3/02/01 AFFIDAVIT I, Deirdre Cronin Kyle,being duly sworn, state the following: 1) I currently own the property located at 175 Woodside Road,West Barnstable (and Marstons Mills),Massachusetts. I reside there with my husband and one and one- half year old daughter. 2), In February of 1998, my husband and I made a decision to purchase a home on the Cape,closer to my husband's job. 3) We were referred to a real estate broker,Tina Carey of Realty Executives in Hyannis. Being unfamiliar with the Cape, I relied on Tina's judgment and professionalism in making a decision. 4) In my first,conversation with Tina Carey,I informed her that I was only interested in looking at homes with a family apartment. 5)., My mother,Cynthia Ann Cronin, is handicapped (left side paralyzed as result of cerebral hemorhage in 1967 during childbirth). She does amazingly well despite her handicap, but often falls, and requires assistance in various chores. My father has always been there to take care of her. My mother is not able to live alone. 6) In April 1996, my father, John Francis Cronin,Jr., suffered a massive heart attack, and underwent emergency triple by-pass surgery. The surgery did not go well, resulting in serious complications, including,but not limited-to, a preforated intestine, resulting in a semi-permanent colostomy,extended hospital stay and subsequent rehabilitation hospital stay. We were advised by his doctors, based on the severity of his illness, that my father would not live much longer. 7) My husband and I agreed-that once my father passed away, we could not let my mother move to an assisted living or nursing home. 8) For the reasons set forth above, when we decided to purchase a new home, we looked only at houses with family apartments. Tina Carey showed us over 20 houses on the Cape, all with.family apartments (or potential therefore). The houses my husband and I liked,my mother came to see. When we saw the house on Woodside Road;we all agreed that it would be perfect for our growing family. 9) We immediately made an offer and entered into a Purchase and Sale Agreement with Robert Ingraham to purchase his then home at 175 Woodside Road, West Barnstable (and Marstons Mills). 10) A few days after entering into the P&S,Tina Carey called to inform me that Mr. Ingraham's attorney suggested we apply to the Town of Barnstable to legalize the family apartment. That was the very first I ever heard about the family apartment':-... zoning ordinance. I was told that it was no.big deal,I just had to sign an affidavit, - and appear before the ZBA. l 1) I purchased the property at 175 Woodside Road on March 27, 1998. 12) Shortly after that,I appeared before the ZBA requesting the apartment be designated a family apartment for occupancy for my mother. I informed the Board of my father's health and that once he passed away, the plan was for my mother to move into the apartment on a permanent, full-time basis. 13) At the present time, my father is still alive, although gravely ill, in and out of congestive-heart failure, and for the most part confined to a hospital bed on the first floor of their home in Scituate. My sister has moved in with my parents for the time being. 14) When Gloria Uranus from the Building Department called to tell me there had; been a complaint made against me, I did not fully understand or remember that" my mother had to be residing in the family apartment full-time to meet the requirements of the Barnstable zoning ordinance. 15) Upon reviewing the ordinance and options available to us,we considered removing the kitchen in order to comply with the ordinance until such time as my mother moves in on a full-time basis.. However,the cost to remove and re-install the kitchen is prohibitive and would result in financial hardship at this time. Furthermore,my mother uses the apartment regularly,-although she is not yet living with us full-time. 16) My mother intends to become a Barnstable resident,and move in full-time as soon as she is able. At present she cannot move in full-time as my father remains < alive and at home in Scituate. It is untenable for them both to live with us, and my mother will not leave him. Because of what we believe to be a temporary situation, my mother occupies the family apartment only some of the time. 17) We presently hope to preserve the family apartment-and respectfully request the .Building Department's cooperation in this regard. I would be happy to re-appear in front of the Board in order to clarify the situation, if necessary, and/or to provide any further information requested. Signed under the pains and penalties of pe ury t is 21 st day o June, 199 . Deirdre Cronin Kyle COMMONWEALTH,OF MASSA.CHSUETTS BARNSTABLE, ss. June,?, , 1999 Then personally appeared the above-named Deirdre Cronin Kyle and ack owledged the foregoing instrument to be her free act and deed, before me, Kate Mitche 1 —Notary ublic My Commission Expir : 3/02/01 i As of 03/21/01 HOUSING AMNESTY PROGRAM (Telephone Log continued) Deirdre Kyle=- 175 Woodside Road, WBN -Ms.Xyle said she is hesitant to sign a deed restriction. Linda Legeyt-- (address unknown) Ms. Legeyt said she changed her mind because she is going to rehab the house and sell it instead. Craig& Lynne Mudie -- 8 Marble Road,BN Couple said they are too anxious about a stranger living so close to their two young children, and don't know anyone who would qualify under the income guidelines. (They were told to remove the stove). Travis &Julie Rose -- 7 St. Joseph Street, HY Couple said they are helping out her sister with finanacial problems by allowing her to stay there. Robert& Samira Schuman -- 443 Elliot Road, CN Couple said the wife is from a different culture and put in an extra stove for cooking and that they have never before and never in the future plan to rent the area as a unit. Stephen & Betsey Sethars -- 44 Stevens Street, HY Couple said they dismantled the area by enlarging the room to the house and now use it for shelving. Herbert & Cheryl Sieger-= 119 Skating Rink Road, HY Couple said they do not have any unit, nor is there any room to build one. Gary & Beth Strong-- 22 Captain Lijah's Road,'CN Couple said they are going through a divorce and have decided to sell the property. Mr. Wallace-- 339 Cedar Street, WBN Mr. Wallace said he does not have any unit,nor is he interested in building one. George & Rita Velardi -- 151 Sturbridge Drive, Osterville(OS) Couple said they are helping their nephew financially by allowing him to live in the unit. Ira & Daena Wasierski -- 186 Walnut Street, HY Couple said the mother-in-law used to live there. They have since opend up the unit to make more room in their home. As of 03/21/01 TOWN OF BARNSTABLE Office Of Community and Economic Development HOUSING AMNESTY PROGRAM'S PHONE LOG—"NO's" The following is a telephone log describing why people decided NOT to participate in the Housing Amnesty Program. About half of the individuals contacted have said"no" for reasons listed below: Tim & Sharon Acton -- 232 White Oak Trail, Centerville(CN) -- Couple said they never did the unit because the father decided to move out west. Albert Basile-- 149 Pleasant Street, Hyannis (HY) -- Individual said he is renting unit now and plans to continue to rent it out. (referred back to Building Dept.) Richard Boucher-- 64 Bent Tree Dr., CN The father-in-law who was living in the unit died in October. Mr. Boucher is now preparing his 72 year old mother to move in to be closer to him. Rick Cathie-- 102 Liam Lane, CN-- Mr. Cathie-and his wife have decided to adopt a child and therefore, are no longer interested inthe program. Christie Clark-- (address unknown) Ms. Clark recently got approval on a loan and has decided to buy a house instead. Lindsey & Jacquelyn Counsell -- 1183 Old Stage Road, CN Couple said they opened up the adjacent unit and enlarged the room in the house. Adam Doefler--P.O. Box 1725, HY Mr. Doefler said he's helping out a cousin with financial problems by allowing him to live in the unit. Dan & Debbie Dwyer--499 Skunknet Road, CN The couple thought the Town would allow them to buy a property somewhere and fix it up under this program. Douglas Gannon -- 339 Pitcher's Way, HY Spoke to the realtor,who said the property is currently undergoing an ownership change. Clifford & Jean Hilton -- 157 Salt Rock, Barnstable (BN) Couple said there is no unit there, nor was there ever any unit there. Robert Jones -- 56 Gosnold Street, HY Mr. Jones said a family member is in the unit and he is willing to sign an affidavit. (referred to Building Dept.) oFTHE A Town of Barnstable Office of Community STABS and Economic Develobrnent a6;q. ♦0 'OIFp �a 367 Main Street,if (508)862-4683 or(50 M E M O TO: Ruth FROM:Paulette DATE: 02/08/01 _ RE: Potential HAP Applicant Dear Ruth, Attached is a letter in-response to the generic one I sent out on January 26th(also attached). The potential applicant(Ms. Kyle's) question is surrounding the deed restriction, (see paragraph 2 of her letter). Based on our conversation the other day, I believe we could accommodate her request based on the content in which she presents it. My question to you is as follows. Because Ms. Kyle is asking for something in writing, from where should the response be generated? Also,how should such a response be worded? Thanks, PTMcA j DEIRDRE CRONIN KYLE 175. WOODSIDE ROAD WEST BARNSTABLE,MA 02668 January 31, 2001 VIA FIRST-CLASS MAIL Paulette Theresa McAuliffe HAP Representative Town of Barnstable Office of Community and Economic Development 367 Main Street Hyannis, MA 02601 Dear Ms. McAuliffe: Thank you for your letter dated January 26, 2001 with regard to the Housing Amnesty Program. Please be advised that I have not at all reached a decision to participate in the Program. I called Mr. O'Shea (whom.I.presume:gave you my name) to.request some.preliminary information, most.of which he provided.me. However, I never did receive an answer to my main question, which is as follows: If you participate in the HAP, and thus have a deed restriction recorded against your title, is it possible at a later date to have the Town discharge the deed restriction, thereby reinstating the special permit for the family apartment use? Mr. O'Shea thought the answer was yes, but upon my further questioning, he indicated he would discuss the question with Town Counsel (I believe) and get back to me. My family.apartment is currently vacant, and I have considered participating in the HAP in order to help someone out in this time of need during the housing crunch, as well as to earn some rent. However, the reason I purchased this home with the family apartment is for my mother to come live in it after my father passes away. When I purchased the home in March of 1998, my.father was in the hospital, with little hope of surviving the next few days. My mother is handicapped and cannot live alone, thus it was her intent to sell their home immediately after his death, and move in with me. Amazingly enough, my father has survived, although remains critically ill, and has been in and out of. . . hospitals.:and'nursing.homes over the.past three years.. My mother's plan:remains the . same, and I therefore, need to keep active my family apartment permit. 1 i + Paulette Theresa McAuliffe January 31, 2001 Page Two I may be willing, however, to participate in the program for a one-year lease, and review the status on a year-to-year basis, if it was guaranteed that the Town would discharge the HAP deed restriction (or somehow reinstate the special permit). It would take a while after my father's death for my mother to sell the house and settle my father's affairs, so this plan is acceptable to her. Would you kindly provide an answer to my question in writing, and I will then advise you as to whether or not I have chosen to participate. Thank you for your attention to this matter. DrrelYC. Kyle �OFTHE Town of Barnstable BARNSTABLE, ; Regulatory Services MASS. i639• ♦0 39. Thomas F. Geiler, Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 February 5, 2003 Deirdre C. Kyle 175 Woodside Road West Barnstable, MA 02668 Re : Family Apartment Dear Ms. Kyle Please complete the enclosed Family Apartment Affidavit and return it to the Building Commissioner's Office by April 22, 2003. You are required under Section 3-1.1(3)(D)(1) of the Town of Barnstable Zoning Ordinances to submit an affidavit annually indicating the status of the family apartment. Failure to submit the affidavit is a violation of your Special Permit and may result in your loss of the rights granted therein. If you have any questions, please call Lois Barry, Division Assistant, at 508-862-4039. Sincerely, Tom Perry Building Commissioner Enclosure jfamapt • IK r Town of Barnstable Regulatory�SAB�. g Y Services 9� MAS& A'En rya+° Thomas F. Geiler,Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 May 5, 2003 Deirdre C. Kyle 175 Woodside Road West Barnstable,MA 02668 Re: Family Apartment (1998-063) Dear Ms. Kyle: We have received information that you have chosen to withdraw from the Amnesty Program. This letter is to inform you that you must restore the property to single-family use or apply to the Zoning Board of Appeals for a variance. Please call Lois Barry,Division Assistant, at 508 862 4039 to discuss the necessary steps towards compliance with the Town of Barnstable Zoning Ordinance. Sincerely, Tom Perry Building Commissioner Enclosure 7030403a Town of Barnstable Building Department - 200 Main Street BARNST"LE. * Hyannis, MA 02601 MAC (508) 862-4038 Certificate of Occupancy Application Number: 200802709 CO Number: 20080086 Parcel ID: 127030T00 CO Issue Date: 05/21108 Location: 175 WOODSIDE ROAD Zoning Classification: RESIDENCE F DISTRICT Village: MARSTONS MILLS Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: AMNESTY APARTMENT ISSUED TO DEIRDRE KYLE Building Department Signature Date Signed ��HETpk� TOWN OF BARNSTABLE Building Application Ref: 200802709 * BARNSTABLE, * Issue Date: 05/21/08 Perm it y MASS CpAr16 9..ok Applicant: KYLE,WALTER S&DEIRDRE C Permit Number: B 20081037 Proposed Use: SINGLE FAMILY HOME Expiration Date: 11/18/08 [Location 175 WOODSIDE ROAD Zoning District RF Permit Type: AMNESTY APT NO CONSTRUCT RES Map Parcel 127030T00 Permit Fee$ 25.00 Contractor PROPERTY OWNER Village MARSTONS MILLS App Fee$ License Num OWNER Est Construction Cost$ 0 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND AMNESTY APARTMENT- 1 BEDROOM 600 SQUARE FEET ABOVE A TT THIS CARD MUST BE KEPT POSTED UNTIL FINAL GARAGE INSPECTION HAS BEEN MADE,WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: KYLE,WALTER S&DEIRDRE C BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 175 WOODSIDE ROAD INSPECTION HAS BEE ADE. W BARNSTABLE, MA 02668 Application Entered by: LB Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR.SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARI OR PERMANENTLY. ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). ' 0 = ' !yam 0 BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 1 Heating Inspection Approvals Engineering Dept Fire Dept 2 Board of Health Town of Barnstable Regulatory Services v�n STAB`� Thomas F. Geiler, Director �ArF039. 6.�0 Building Division Thomas Perry, CBO, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 May 21, 2008 Deirdre C. Kyle 175 Woodside Road Marstons Mills, MA 02648 Re: Amnesty Apartment Dear Ms. Kyle: Enclosed is the Certificate of Occupancy for your Amnesty apartment. We have prepared the Amnesty Certificate of Compliance and forwarded it to the Amnesty Program Coordinator. Sincerely, Lois Barry Division Assistant Enclosure amnco 1 Amnesty Program Helping to make affordable housing possible. Town of Bamstable Certificate of Compliance --� + This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code and Town of Barnstable zoning ordinances in accordance with the Amnesty program. U Owner Deirdre C. Kyle Location 175 Woodside Road, Marstons Mills, MA Unit Capacity One bed ,m no o exceed two people Inspector C --� M/P No. 127030T00 5/21/2008 Barry, Lois From: Dillen, Elizabeth Sent: Wednesday, May 21, 2008 10:17 AM To: Barry, Lois Subject: RE: 175 Woodside Road, MM Yes-thank you Beth.Dillen Special.Projects Coordinator GrowtH Management Department To.vh of Barnsto.ble 367 ;vlain Street, Hyannis MA TO 508.862.4683 fax 508.862.4782 -----Original Message----- From: Barry, Lois Sent: Wednesday, May 21, 2008 9:40 AM To: Dillen, Elizabeth Subject: 175 Woodside Road, MM Beth, We have the bldg per app. Okay to sign off for Amnesty? Lois - 1 . � I yr PERMIT PAYMENT RECEIPT TOWN OF DEPARTMENT 1200 MAIN STREET HYAN',JS,a MA 02601 'ATE: 0,5/20/08 .IME: -16:12 -----------------TOTALS----------------- PERMYT;$`PAID 50:00 AMT ENDERED: 50.00 AMT ?PLIED: 50.00� CHAN E: .00 APPLICATION NUMBER: 200802709 PAYM' NT KETH: CHECK PAYMENT REF: 211 �., t' f TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Application#Map Parcel ��� A/M �c�'� Health Division Date Issued' S Z Conservation Division Application Fee Tax Collector Permit Feed�g— Treasurer Planning Dept. Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address 1115 Village Owner ram. Address p r o Telephone — 0 ! CQd I ! ti Perm' equest r&JVL- '" ( -. qM (64iip- holff ILL 67) Wazl- C/ �- c/ rlrllp Square feet: 1 st floor:existing pr osed 2nd floor:existing proposed Total new Zoning District T6, Flood Plain Groundwater Overlay Project Valuation Construction Type vdcfoo A-- Lot Size IVA& Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. 11.0 Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes Cl No Basement Type: ❑ Full ❑Crawl ❑Walkout ❑Other I Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) IdlGt'G; Number of Baths: Full:existing new Half:existing new Number of Bedrooms: existing new _y Total Room Count(not including baths):existing new First Floor Roo unt A Heat Type and Fuel: YGas ❑Oil ❑Electric ❑Other r Central Air: ❑Yes �No Fireplaces: Existing New Existing wood/coa stove: es ❑No . Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑ex ting ❑new size Attached garage:eexisting ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization�ppeal# 264A"DI 1 Recorded Commercial ❑,Yes _ K If yes, site plan review# _ — -- - - --- Current Use Proposed Use BUILDER INFORMATION Name Telephone Number 11,Dl Flr Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCT N DEB IS RESULTI OM THIS PROJECT WILL BE TAKEN TO +1 SIGNATURE DATE D FOR OFFICIAL USE ONLY r APPLICATION# DATE ISSUED MAP/PARCEL NO. 2, y 3 O )►-d, o, Gy0 y y ADDRESS VILLAGE OWNER t DATE OF INSPECTION: ! FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH 'FINAL :z GAS: ROUGH FINAL o FINAL BUILDING DATE CLOSED OUT- ASSOCIATION PLAN NO. , Bk 22918 P9256 '270_ 09 05-19-20 8 & 12 = 38p A R"S r `�L BARMABIE 9Q t6 `o� QED MPy A '08 APR 11 °i2 :53 Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2008-017—Kyle Decision-Chapter 40B Comprehensive Permit Applicant: Deirdre C. Kyle Property Address: 175 Woodside Road, Marstons Mills,MA Assessor's Map/Parcel: Map 127 Parcel 030, T00/W00 Zoning: Residential F Zoning District Applicants: The applicant is Deirdre Kyle,who resides at 175 Woodside Road,Marstons Mills,MA. Ms. Kyle was granted title to the property by deed recorded in the Barnstable County Registry of Deeds on March 27, 1998 as recorded in Book 11317,Page 168. Relief Requested: The applicant has applied for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with Article II of Chapter Nine of the Code of the town of Barnstable, more commonly termed the"Accessory Affordable Apartment Program." The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 9- 14 of the Code—Amnesty Program to permit an accessory apartment unit within a single-family owner- occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory affordable apartment unit above the attached garage. Locus and Background: The property at issue is a 1.04-acre lot located at 175 Woodside Road, Marstons Mills,MA. The lot was developed in 1973 with a raised ranch style home. The effective living area of the main residence is 2,723 square feet. The accessory apartment is a one bedroom unit located above the attached garage. The square footage of the rental area is approximately 600 square feet. The lot is served by public water and on-site septic, and is located within an Aquifer Protection Overlay District. The Town of Barnstable's Public Health Division reviewed the application, and on March 21, 2008, issued an approval of a total of seven(7)bedrooms at the property with the existing on site septic. Procedural Summary: A site approval letter was issued for the property by Town Manager John Klimm on January 16, 2008,in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development in accordance with the requirements of CMR 760. An application for a Comprehensive Permit was then filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on February 1, 2008 and February 8, 2008, and notices were sent to all abutters in accordance with MGL Chapter 40B. On February 27, 2008 Hearing Officer Gail Nightingale presided over the public hearing. The hearing was opened and continued to March 26,2008,to allow time for the applicant to resolve a septic issue. On March 26, 2008 Hearing Officer Gail Nightingale presided over the public hearing. The applicant,Deirdre Kyle,was present at the hearing. Elizabeth Dillen of the Growth Management Department was also present. Ms.Nightingale reviewed the file with the applicant to assure compliance with all of the program requirements. Findings of Fact on the Comprehensive Permit: At the hearing on March 26, 2008 the Hearing Officer made the following findings of fact: 1. The applicant is Deirdre C. Kyle, who resides at 175 Woodside Road, Marstons Mills, MA. She is requesting a Comprehensive Permit to convert an existing unpermitted one bedroom unit above the attached garage into an accessory affordable apartment. The conversion of the unit to an accessory affordable unit within a single-family owner-occupied residential dwelling qualifies for the"Accessory Affordable Apartment Program." 2. Ms. Kyle was granted title to the property by deed recorded in the Barnstable Registry of Deeds on March 27, 1998 as recorded in Book 11317,Page 168. 3. On January 16, 2008 a site approval letter was issued for the property by Town Manager John Klimm, in accordance with MGL Chapter 40B and 760 CMR.Notice of the site approval letter was sent to the Department of Housing and Community Development,in accordance with the requirements of CMR 760, and no issues were communicated from the Department on this particular application. 4. The proposed accessory affordable unit is approximately 600 square feet, and is located above the attached garage. 5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by public water and private on-site septic and is in an identified Aquifer Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved a total of seven (7)bedrooms at the property with the existing on site septic system. 7. On January 12, 2007 the applicant signed an Accessory Affordable Apartment Program Agreement Affidavit that commits,upon the receipt of a Comprehensive Permit, to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants at the Barnstable Registry of Deeds. That document will restrict the unit in perpetuity as an affordable rental unit and requires that the dwelling be owner-occupied as her principal residence. 8. The applicant understands that the affordable unit will be rented to a person or family whose income is 80%or less of the Area Median Income(AMI) of the Barnstable Metropolitan Statistical Area (MSA) and further agrees that rent(including utilities) shall not exceed 30%of the monthly household income of a household earning 80%of the median income, adjusted by household size. In the event that.utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 9. According to the Massachusetts Department of Housing and Community Development, as of March 26, 2008, 6.7%of the town's year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. The Town of Barnstable's Local Comprehensive Plan encourages the use of existing housing to create affordable units and the dispersal of these units throughout the town. 2 i Finding Summary: Based upon the findings,the Hearing Officer ruled that the applicant has standing to apply for a Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal is also deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B to the applicant,Deirdre Kyle. It is issued to allow for a one bedroom accessory affordable apartment unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed two (2)persons. 2.The total number of bedrooms on the property with the existing on site septic system shall not exceed seven (7). 3. This unit shall not be occupied by a family member of the owner(s). 4. All parking for the accessory apartment and the main dwelling shall be on-site, and no additional lodgers shall be permitted on site for the duration of this Comprehensive Permit. 5. To meet the requirements of affordability,the cost of housing(including utilities) shall not exceed 30%of 80%of the median income for a single individual for the Barnstable MSA. In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 6.All leases shall have a minimum term of one year. 7. The Growth Management Department shall serve as the monitoring agent for the accessory apartment. 8. The applicant must apply for a building permit for the accessory unit,whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance, the Building Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 9. The applicant may select her own tenant,provided the tenant meets the requirements of the program as cited above and provided that person's income is reviewed and approved by the Growth Management Department of the town of Barnstable as a qualified individual. The applicant will be required to work with the town to provide information necessary to document that the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible individual or family. Whenever a vacancy occurs,notice must be given to the Growth Management Department and the unit must be listed with the Town. • 10, Every twelve months the applicant shall review the income eligibility of the individual occupying • the unit.No later than a year from the date of issuance of this Comprehensive Permit,the applicant shall file with the Growth Management Department of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant shall provide the town any additional information it deems necessary to verify the information provided in the 3 affidavit.Upon any report from the town that the terms and conditions of this permit are not being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 11. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision, the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred,the Growth Management Department of the town of Barnstable shall be notified within 60 days of the name and address of the new owner. 12. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. Ordered: Comprehensive Permit 2008-017 has been granted with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeals as required by the Town of Barnstable Administrative Code Chapter 241, section 11. If after fourteen(14)days from that transmittal the Members of the Zoning Board of Appeals takes no action to reverse the decision,this decision shall become final and a copy shall be the filed in the office of the Town Clerk. Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17,within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. In accordance with Chapter 241, section 11 of the Town of Barnstable Administrative Code, the hearing officer transmitted a written copy of the Comprehensive Permit decision to the Zoning Board of Appeals on March 26,2008. Fourteen (14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. 0 Gai T ightingale,, _earning facer Date Si ned 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 has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Lmd� ^" tchenrider, Tc.vn Clerk 4 Bk 22918 Po260 -V27i�10 05-19-21308 & 12 = 3Bp REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this j- L day of ,2008,by and between Deirdre C. Kyle of 175 Woodside Road,Marston Mills,MA and its su es rs and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the "Municipality'),a po� � subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/Family(hereinafter "Designated Affordable Unit");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN: A. The terms of this Agreement and Covenant regulate the property located at 175 Woodside Road, Marston Mills,MA as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 11317&Page 168. B. The Project located at 175 Woodside Road,Marstons Mills,MA will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family(the "Designated Affordable Unit" or the"Unit"). C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2008-017 and any plans submitted therewith and all applicable state, federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable County Registry of Deeds Book &Page D. The Owner agrees to occupy the principal dwelling unit located on the property as their principal residence in accordance with the terms of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable Metropolitan Statistical Area (MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (AMI) of Barnstable MSA and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body, and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, t , mortgage note,or other instrument to which the Owner is a parry or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. GOMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable Metropolitan Statistical Area (MSA) and that rent(including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. III. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable MSA.In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. IV. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the "Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. 2 V. GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VI. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. VII. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. VIII. ENTIRE UNDERSTANDING: A- This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties,and appended to this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 11317, Page 168 and shall be binding upon the Owner and all successors in title. This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in deed recorded herewith as Barnstable County Registry of Deeds Book 11317,Page 168. IX. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. X. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors 3 i and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (ii) are not merely personal covenants of the Owner,and (1) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. XI. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XII. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. '-4 IN WITNESS WHEREOF,we hereunto set our hands and seals this L day of 2008. O ER ? B f / Signature Printed:Deirdre C. Kyle COMMONWEALTH OF MASSACHUSETTS County of Barnstable ss: On this 'day of 2008 before me,the undersigned notary public,personally appeared �_ ,the Owner(s),proved to me through satisfactory evidence of identification,Miich were ,to be the person(s) whose name(s) is signed on the precedin or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. Printed: l � Sam%,�TV Commission Expires: oeOA® l; xa�a ei:183�'s= i TOWN OF STABLE BY: / ' TOWN MANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On thiV3 �ay0f A/tl 2008 before me,the undersigned notary public,personally appeared �C�I�N L KL/MMown Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were pL✓'s an a lI u 2 ou,Yl ,to be the person whose name is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. r, Notary Public Printed: Z1wb1+/T My Conin ission Expires: LINDA R.WHEELDEN NOTARY PUSUC COia MMAITN OF WSSACHUSEnS *Comm.EV1=Feb.7,2D14 5 ' t l cla IT 47 M�--Om f � �neT 1 ( 1 ( _ L Owl 7_. SC�� _ --w Cep -54U Q<� ©.� 2 6c i i I I f � 1 ' I i i { I i f 1 � - )OQ� 7 I I s�4!5 ; : bt i 9 i : ; I • i , J : , 9 , I i i : 1 I '- i 1 i : i I , : e , i I ! i I 1 I I I ; I I i 1 I S ` j ! i i: • -i • �f % ! ; ! : r : r : ; 1 1 I : / Zi 1 • • 1 I ' I i i ' I I i ; enui• i j r � i i I —i I I � `r ! I i ism I i n,nrk: , f4T— _ 1 I : i V s i r •IT i I , i �� i � �- I 1 , i Fr " lSl ! f{ I � i _i • i i � I ! I j , I f — 1 ; 1 i ; i --i • 1 [ I I I i T i • 1 i , ! '' r i •' , i i II q 1 : I _ � �a : 76A - : G , 1� i I t : ,p 1 'NOW : : : : • i .:JA ' • -v C , F : i - , : 1 ' • t I i i, 7j' 71 T:� a�D c �_ _ `��O _..- �s......_�...�......�..r..�w..... n r O Barry, Lois To: Dillen, Elizabeth Subject: RE: 175 Woodside Road, MARSTONS MILLS Hi Beth, There was a ZBA decision granting a family apartment to Deirdre Kyle, 1998-63. At that time we did not require a building permit and certificate of occupancy for a family apartment. I have correspondence and an affidavit she submitted, and Tom Perry approved a change in status to Former Family Apartment, for family use only. I have a note that Linda found an ad in the paper in '06 and was going to follow up. She may have the file. Deirdre Kyle has a W. Barnstable mailing address, but it is actually in Marstons Mills. Let me know if you need anything else. Lois -----Original Message----- From: Dillen, Elizabeth Sent: Monday, February 05, 2007 4:47 PM To: Barry, Lois Subject: 175 Woodside Road,West Barnstable r Hi Lois - Can you let me know whether an occupancy permit was ever issued for a family apartment at 175 Woodside Road, West Barnstable? A permit was granted, but the occupancy permit was supposed to be conditional on compliance with the septic system. Thanks! Beth Dillen,Special Projects Coordinator Growth Management Department Town of Barnstable 367 Main Street,Hyannis MA Tel 508.862.4683 1 Propertye • OF File 'Edit Tools Help _Action ' BldgsfOccup ' parcel 127030T04 � � Subdivision - - ' Parking Aft parcel Property manager UIL.: ( '. Buffering Owner Zfi$323 1 Municipality MM RSTONS MILLS � KYLE.DEIRDRE C - �� AQU Inspec tion area AP IFER PROTECTION OVEF Septic � - - Location 1�5; r------.�'J Unit !:J Status Active 'Nell � Street WOODSiDE:ROAD -- - . Parent parcel - tGea/Dist t Between �� J Vacant lot Qj Rental, and _ _ � Crramerlot '�l Guvtowned. + Signs. Loc desc LOT 34 - Periodic Insps Use/Misc Dimensions i Other Modules 1 Use/grou,p 1010 SINGLEFAMILYHOIv1E 111V FWatertype PUBL-TOWN WATER �i� i !I Cie Use memo f Sewer type SEPT-SEPTIC �� � � Bo Zane code RF-:REBID F I� I�i Gas type GAS GAS !ice i, Ref �I Zone reference Road type Ref I i Underground utils - i APF � i . j ( Teed I Restrictions ( Hazards Violations History � Inspections ( Sub addrs I;Maintain building/occupancy detail for the current property. F, Town of Barnstable Regulatory Services MAW. Thomas F.Geiler,Director �p t639. �0 TE1639. A Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4024 Fax: 508-790-6230 November 30, 2006 Ms. Deirdre C. Kyle 175 Woodside Road West Barnstable MA 02668 RE: Illegal Apartment: 175 Woodside Road Marstons Mills MA 02648 Map : 127 Parcel : 030-T00 Dear Property Owner, This letter is to inform you that you currently are in violation of Barnstable Zoning Ordinance 240-14. You must contact this office by December 21, 2006 to arrange to bring the above address into compliance or be subject to fines of no more than $300.00 per day of non-compliance. Thank you for your attention in this matter. By Order, Linda Edson Amnesty Zoning Enforcement Officer Building Department Q:zoning5 i ��pTME Tom, Town of Barnstable Regulatory Services w BA MASS. �- Thomas F.Geiler�Director y MASS. �A i63q. �� rE039.,A Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 November 16, 2006 Ms. Deirdre Kyle 175 Woodside Road West Barnstable, MA 02668 Re: Illegal Apartment: 175 Woodside Road Marstons Mills, MA 02648 Map: 127 Parcel: 030-T00 Our records indicate that your house at the above-referenced location is currently being used as a multi-family home, which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal record. You must contact this office within 14 days to either: • Apply for a building permit to restore the property to a one-family home • Apply to the Amnesty.Program • Prove that this is a legal'multi-family home. Please contact this office immediately to tell us what direction you wish to take. Sincerely, n �z— Li dson Amnesty Zoning Enforcement Officer Building Department gforms:zoning3 a i, I b Parcel Detail Page 1 of 3 MASS - n L Logged In As: Wednesday, Novemb� Parcel Detail Parcel Lookup Parcel Info -............................................................. _...._........................_.............._._.__..__......:...........:......:......._..._._._.-.................._.._._. __.___.....:...._....__.......__...._.._-..._.__.__ Developer Parcel ID 127-030-TOO Lot LOT 34 Location 1175 WOODSIDE ROAD �I Pri Frontage;105 Sec Road j I Frontage i -------......................_.._....._..................................................................._._......_.....................................................:..........::...._.................:... :-.........................._.^...._............._....---..._...............................................................--...._.................... Village IMARSTONS MILLS I Fire District jC-O-MM ..........................................._...._......._...................:'............._......___......_.__............_..__..._._......................................... 3..........................................................................................._..._...__.._...__....._....._..........._..._...�__-. Sewer Acct 1 Road Index i 1876 3 ;�,, S Interactive Map Owner Info Owner KYLE, DEIRDRE..C_...__:.............. . - ..----.._........................_.__.................. ...................I Co-Owner .........................................................._.._.:........................._......._.........._......................._...__..__.:__.. ........................................................................_.__.._..............................._.._...__._._........................... _.....................................................................-................................................................................-_..... Streetl 175 WOODSIDE RD I Street2 + City W BARNSTABLE I StateMA Zip 02668 Country US Land Info .........._. :__.-._...-..__................_.--..............._..._...._..._.._....----------........_............_.........................._................-....................................................................................................................................................................._...................- --- Acres 1.04 Use zoning Nghbd 005S Topography Level I Road 1 Paved Utilities Public Water,Gas,Septic _ I Location Construction Info Building 1 of 1 l Year(1973 _.,................................_ Roof Gable/Hi Ext C I a board Built i I Struct p I Wall p Effect Roof AC Area 2723 I Gover FAsph/F GIs/ I TYPe None - -- Bed ..............._ .......................... Style IRaised Ranch I wau Drywall I Rooms I7 Bedrooms I r Int Bath Model Residential I Floor FI Rooms 4 Full �I k Grade jAverage ` I Heat I Hot Water I Total 11 Rooms Type Rooms http://is§gl/iniranet/propdata/ParcelDetail.aspx?ID=8161 11/15/2006 Parcel Detail Page 2 of 3 J d ......... ....................................................... --..- ......... Heat Found- >' �1 Story Gas Typical stories Fuel ation Permit History Issue Date Purpose Permit# Amount Insp Date Comm 6/7/2000 Wood Deck 46583 $4,600 3/6/2001 12:00:00 AM ........ Visit History Date Who Purpose 3/6/2001 12:00:00 AM Martin Flynn Mea./List Bldg Permit Only 3/14/2000 12:00:00 AM Paul Talbot Meas/Listed Sales History Line Sale Date Owner Book/Page Sale P 1 3/27/1998 KYLE, DEIRDRE C 11317/168 2 1/15/1984 INGRAHAM, ROBERT S&SHIRLEY 3999/204 3 CABRAL, CHARLES 1678/220 - Assessment History Save# Year Building Value XF Value OB Value Land Value Total Parc( 1 2006 $226,900 $44,400 $0 $207,300 2 2005 $204,900 $44,000 $0 $172,300 3 2004 $167,000 $44,000 $0 $172,300 4 2003 $152,200 $44,000 $0 $50,500 5 2002 $152,200 $44,000 $0 $50,500 ; 6 2001 $150,400 $40,600 $0 $50,500 7 2000 $115,300 $36,100 $0 $51,900 8 1999 $115,300 $36,100 $0 $51,900 9 1998 $115,300 $36,900 $0 $51,900 10 1997 $128,300 $0 $0 $45,400 11' 1996 $128,300 $0 $0 $45,400 ; 12 1995 $128,300 $0 $0 $45,400 1-3 1994 $111,300 $0 $0 $31,800 14 1993 $111,300 $0 $0 $31,800 http://issgl/intranet/propdata/ParcelDetail.aspx?ID=8161. 11/15/2006 r Parcel Detail Page 3 of 3 15 1992 $126,700 $0 $0 $35,300 16 1991 $142,300 $0 $0 $70,600 17 1990 $142,300 $0 $0 $70,600 18 1989 $142,300 $0 $0 $70,600 19 1988 $93,900 $0 $0 $32,800 20 1987 $93,900 $0 $0 $32,800 21 1986 $93,900 $0 $0 $32,800 Photos I http://issql/intranet/propdata/ParcelDetail.aspx?ID=8161 11/15/2006 Town of Barnstable '" „ Building Department 200 Main-Street tP ° ..�:. Y..is.4•Z;i..;i::..:I .a •x.. .;.�*• ww..rso Hyannis'IUTA', 2601 PITNEY g0VVE5 ��.. $ 00.41 02 1 A 0 0004606238 AUG09 2007 O MAILED FROM ZIPCODE 02601 � v .rail Ln vx CD C , \ Ms. Deirdre Kyle m� 175 Woodside Road Marstons Mil:--"-"-^-"''^A0 NIXIE 029 DC 1 00 0911310-7 RETURN TO SENDER NO SUCH STF?EE'I" UNABLE TO FO;VWARD BC: 02801400200 *2922-23147-09-40 1 _2_ `:`' `.== oso�oacba III I I II 11 III 111 II I ill Il 1 1 I . , —�, i� Z �i� � iiE i�s� i��tieti � �� �i� � �s t �sf �� � � + `� / ' ' ,. ` .ejs: �\s z _ �. /' �, --�; - . � ., � :\ ,� - i � � �. ecial Permit Stdtus Not Family Apt A►Ppeat�No 98-063 =��Ap ec4� p - y p Deirdre C. Kyle Addr2 175 Woodside Rd Ufl West Barnstable MA 02668 -- �y 1eivetl 30/2001 a 127030T00 Zon g RF r _ s _�-n `a d Nof" 7/29/03 T.Perry changed to"not family apt"status:µSee ." 6/12/00 affidavit family use only. f•' � � �� _ � �� �,—,'� --.ice ;. `� � Y'.� t - �� - -. J i Parcel Lookup Page 1 of 1 111 BAILN5T,4[�1 e T a Y Logged In As: Parcel Lookup Thursday, Augu Road Lookup Condo Lookup Multiple Address Lookup Search Options Search By Street !� Street# 175J Street WOODSIDE �s Name Village JAII Villages Search <Prev Next> Page 1 of 1 Rows/Page Parcel Location Owner Villa Index Map 127-030-T00 175 WOODSIDE ROAD KYLE, DEIRDRE C MM 1876 1270301 127-030-W00 175 WOODSIDE ROAD KYLE, DEIRDRE C WB 1876 127030V http://issql/intranet/propdata/lookup.aspx 8/16/2007 oFtNE r Town of Barnstable Regulatory Services 9snxxais� Thomas F.Geiler,Director qjp i63q. �0 Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 Office: 508-862-4024 Fax: 508-790-6230 August 9, 2007 Ms. Deirdre Kyle 175 Woodside Road Marstons Mills MA 02648 RE: Illegal Apartment: 175 Woodside Road Marstons Mills, MA 02648 Map: 127 Parcel: 030 Dear Property Owner This letter is to inform you that you currently are in violation of Barnstable Zoning Ordinance 240-13 You must contact this office by September 7 , 2007 to arrange to bring the above address into compliance or be subject to fines of no more than $300.00 per day of non-compliance. Thank you for your attention in this matter. By Order, a Edson Amnesty Zoning Enforcement Officer Building Department Q:zoning5 THE t = TORN OF •BAR.NSTABLE BJBH9TABLE, r6 9 �e� BUILDING INSPECTOR APPLICATIONFOR PERMIT TO ............................................................................................................................. TYPE OF CONSTRUCTION . Q.�......I...l.4A�l ...... ...G.... . .............................. ./1� .. ........................19 . TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location „DO /�� %O�S. ................................ ................. ....... .................. /LLS............ . ProposedUse ....J)Qec k/A)C.............................................................................................................................................. ZoningDistrict ....�.:Q...:. ................................................Fire District .............................................................................. Name of Owner ..(./�f / ...! �� '...............Address P/k /.Y..` .... ............... . Nameof Builder .. /9.....................GAG ✓�.�.....-[NC.........Address .................................................................................... Nameof Architect ...�2/�...................................................Address .................................................................................... Number of Rooms ,/. ............................................Foundationl>.....�U� fJ. ©�� TF Exterior ...../� v ...... � ...jY�/C'/C ' 1 .7 .....Roofing .... f7Ff�. ....................................................... ......... Floors �� �� .............................................Interior • Heating "..lvFI.... . .....4.J. :::::.................................Plumbing .................................................................................. Fireplace ....��.o..................................................................Approximate Cost ..35. .:. ...................................... Definitive Plan Approved by Planning Board -----------___________________19 Diagram of Lot and Building with Dimensions �� SUBJECT TO APPROVAL OF BOARD OF HEALTH � S ego I` w 0 . \ m Z o, a CnQQ � 0 4-3 10 U = w cn ca U o _ �@; _ N, w - �= ¢ w V cnLr_ I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name� .. ..................... Cabral, Charles x � ` . ' No Permit {o, ]L 1/2 , —_---. ----`----.'--.� ^ ^ , ' / °~/ . Owner ---�b4;r1M;5..�4��;q ......................... [ � Type of Construction frA=.............................. \ ! ` --------------------------. ' � ' Plot ............................ Lot --.°�,J���------ x } � / . m� �� ` ! Permit Granted '---�-° -- lq ^~ ' ' -------------. . ' Date of "'"p=`""`' , � �r�� / Date Completed \ ; > ' PERMIT REFUSED . lA------------- ------- � - } ---------------------..----. ( � � ^ ^—'------------------------'' ) ^ ' , --------------~^—'----'----- ' ^ ' -------------------------.— � . ( ' Approved ............................................. lV � ^ --------------------------' . . ------------------------~—' U ' K r �1HE r L i= 't3 fOi S 1 is B L l= The Town of Barnstable * BABNSfABL& MAC 1639 Growth Management Department 2001 JAN 18 Ph 3: 22 • �� 367 Main Street, 3`d Floor Hyannis,MA 02601 - --� uIVI5fOfi1 Tel:508-862-4678 Fax:508-862-4782 January 16,2007 John C. Kbmm,Town Manager Janet Joakim,Town Council President Barnstable Town Hall 367 Main Street . Hyannis,MA 02601 Re: Deirdre Kyle- --5-Woodside-Roadr-West Barnstable,_MA-75a single-family accessory unit This letter is to inform you that the Accessory'Affordable Apartment '(Amnesty) Program has received a request for a project-eligibility letter under the Community Development Block Grant (CDBG) Fund and under Article II of Chapter Nine of the Code of the Town of Barnstable and the criteria for the Local Chapter 40B Program. _ This office is reviewing the,request. If the Town has any comments on the project, please forward them to me so that they can be addressed in the site approval letter. This letter gives you official notice of our receipt of the above application(s). We will issue a decision as to the acceptability of the sites and the consistency of this development within the guidelines of CDBG. incerely, abeth Dillen pecial Projects Coordinator rowth Management Department cc: Legal Department Building Department Public Health Department �R Town of Barnstable °FtHE r°`Y Regulatory Services !OVYN UF BARNS1ABLE Thomas F. Geiler,Director 1006 DEC 21 PM 12 I RAFeMsrnacE. MASS. peg Licensing Authority '°lEo 39. 200 Main Street Hyannis,MA 02601 ---- �O l V I5I ON www.town.barnstable.ma.us Telephone: (508) 862-4674 Fax: (508)778-2412 December 27, 2006 Deirdre C. KyleI' 175 Woodside Road West Barnstable, MA 02668 Dear Ms. Kyle: Thank you for your letter of concerns received December 22, 2006 in this office. Your request sounds very reasonable and I would be happy to extend the time frame for you to make a decision on direction for the "family apartment" currently in your dwelling at 175 Woodside Road, West Barnstable. We will continue this matter to Monday, February 5, 2007 for your decision. Should you have any questions that require an answer from us, please jot them down and send them to me. '. Mail, fax (508 778-2412) or email (tom.geiler[cD,,town.barnstable.ma.us), whichever is easiest. I will get back to you with a response. Respectfully, )L— (�4- -4�k Thomas F. Geiler, Director of Regulatory Services Tfg/cpa cc:�T. Perry;,L. Edson, R. Weil, M. Taylor 12/21/2006 06:04 15087758789 HOLLY LEGAL PAGE 01/01 a l ABLE e DEC 22 MA 9" ► g DEIRDRE C. KYLB' 175 WOODSIDE EGAD WEST BARNSTABLE, AM-02G��7iCl'r� Phone: 508-428-111 S VI-A.FAX: 508-720-6230 Thomas F.Geiler,Director Town of Barnstable Regulatory Services 200 Main Street Hyannis,MA 02601 RE: Family Apartment 175 Woodside Road,West Barnstable Dear Mr.Geiler: I am writing in response to a letter from Linda Edson dated November 30,2006,in which Ms. Edson alleges an"illegal Apartment; 175 Woodside Road Marstons Mills Ms.Edson's information is very incorrect. The apartment in my home is legally permitted to my mother. My mother recently moved out;and we are not sure of her status at this time. The home is currently being used only as a single family residence. There is no tenant. There is no illegal apartment, The future status of the family apartment is not known at this time,because we are unsure whether my mother will be able to return,or whether she will be going in to assisted living. Since the entrapment by Ms.Edson and her entering my home on false pretenses,I have attempted to contacted Tom Perry in this regard to request assistance in making the decision whether or not I should remove the second kitchen and exactly what that would entail,but he has not returned my call. I have left two messages for Ruth Weil(whom i spoke with several times early on in the Landlord Amnesty Program),and she has not.returned my calls. I have attempted to find the Family Apartment Affidavits which Ms.Edson has referred.to while harassing me,but I cannot locate it,and the response to my inquiry to the Town's e-mail requesting the affidavit was incorrect, i have not received any such Affidavit for. several years now. On November 29,2006,1[spoke.to Madeline Taylor in.an attempt to utiderstand what was necessary to convert the apartment to affordable housing in the event my mother is unable to return. Ms. Taylor was very helpful,but she scheduled a tentative appointment to come out and sec the apartment the following Monday,December 4`b, indicating that she had to coordinate with a third-party inspector,and would get back to me that afternoon. To date.I have never heard back from Ms.Taylor. The purpose of this letter is to request an additional?T ys in which to decide what i am going to do with this property. Thank you:for your attention to this after. ireC. y, � Kyle KATE MITCHELL &.ASSOCIATES Attorneys at Law Bridge Creek Professional Building 1170 Rt. 6A, P.O. Box 160 West Barnstable,MA 02668 (508)362-1369(Telephone) (508)362-1368(Facsimile) KATE MITCHELL Nantucket Office: LINDA L.DOLL 3 Freedom Sq.,The Commons Nantucket, MA 02554 (508) 228-0207 (Telephone) VIA FIRST CLASS MAIL July 20, 2000 Gloria Uranus Building Department 367 Main Street Hyannis, MA 02601 RE. 175 Woodside Road.•West Barnstable Dear.Gloria: Enclosed please find an Affidavit dated June 12, 2000 from Deirdre C. Kyle, the owner of the-above-referenced property in which she affirms that there is no one living in her home other than her immediate family, i.e. herself,her.husband and their three children. Please note that a copy of the original affidavit dated June 21, 1999 and filed with your office is also enclosed. As I believe my paralegal informed you, I have discussed this matter with Ralph Crossen. He informed me that he would accept an affidavit from Mrs. Kyle affirming the residents of the home. I apologize for taking so long in getting this to you. I am just back from vacation, and discovered I had forgotten to forward this to you before I left the office. The delay is all mine. Thank you. Sincerely, Kate.Mitchell Cc: Deirdre Cronin Kyle Please mail correspondence to West Barnstable address L COMMONWEALTH OF MASSACHUSETTS BARNSTABLE AFFIDAVIT I, �o , being on oath, depose and state as follows: 1.) I reside at J I& V 2.) I am the owner of the propertsLlocated at shown on Barnstable Assessors' maps as MAP i 2 7-0 3 b PARCEL MuL I27 030_W0-6 3.) I Do Do not have a Family Apartment at this location. �a II.. 4.) On �2— , 1991—, the Zoning Board of Appeals, on Appeal No.�Q 45-4(e.. granted me a Special Permit/Variance to maintain a Family Apartment at the above address. 5.) I understand that the Family Apartment may only be occupied by members of my family who are persons related to me by blood or by marriage. 6.The following members of my f y will be the sole occupants of the Family Apartment at the above address: - a) NAME Relationship to owner: b) NAME Relationship to owner: 7.) The Family Apartment will be the primary year round residence for the above-identified family members. 8.) In the event that the above-listed relative(s) vacate said apartment, I will immediately notify the Building Commissioner in writing. 9.) I understand that no subletting or subleasing of said Family Apartment is permitted. 10.) I understand that I am required to annually file an Affidavit with the Building Commissioner listing the names and relationship of my family members occupying said Family Apartment, 11.) I understand that I am required to comp with all conditions imposed by the Board of Appeals in Appeal No. �¢-- 12.) I agree to immediately notify the building Commissioner in the event of the sale of the above- listed property. Sworn to under a pai s and penalties of perjury this _day of Signature CT Print Name 01 Town of Barnstable Q Regulatory Services 8' Thomas F.Geiler,Director i°?� �� Building Division Elbert C Ulshoeffer,Jr. Building Commissioner_ 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 t December 1,2000 Re: Family Apartment Dear Property Owner: Our records indicate you have not filed an affidavit regarding our family apartment in quite some tim . It is required,un er ection -1.1(3)(D)(1)of the Town of Barnstable Zoning Or ces,that an affida it be submitted annually for the duration of such occupancy. Failure to do so is a violation of your cial permit and may result in your loss of the rights granted thereunder. Please indicate the s of the family apartment on the enclosed affidavit and return it to this office by January 30,200 Enclosed is an affidavit for your convenience. 3� OI Thank you in advance, d�(T�n ICJ alL� Elbert C.Ulshoeffer,Jr. ,, Building Commissioner (,(Ji'1 T enclosure O-YL ulrt L f�) u l-�21 /Am '. ',,�` .• ,- V`!� .. . .lv�.��.�CT"L��10L. `-mac �J2�1,1,1�� &Dsse q- t Q/FORMS/FAMAPT COMMONWLALI'ri Vr iV1 -')3At,nU3r.i is s BARNSTABLE AFFIDAVIT being on oath, depose and state as klows: 1.) I reside at-[PP5-0mdWJ&TQa-d, U )P,,tL &VIL� 2.) I am the owner of the pro el ocated at shown on Barnstable Assessors' maps as MAP J Z 7-0 3 b PARCEL mod, l 27-030-wo-6 3.) I Do Do not have a Family Apartment at this location. 4.) On �2-- , 199-, the Zoning Board of Appeals, on Appeal No. � granted me a Special Permit/Variance to maintain a Family Apartment at the above address. 5.) I understand that the Family Apartment may only be occupied by members of my family who are persons related to me by blood or by marriage. 6.The following members of my f y will be the sole occupants of the Family Apartment at the above address: a) NAME Relationship to owner: b) NAME Relationship to owner: 7.) The Family Apartment will be the primary year round residence for the above-identified family members. 8.) In the event that the above-listed relative(s) vacate said apartment, I will immediately notify the Building Commissioner in writing. 9.) I understand that no subletting or subleasing of said Family Apartment is permitted. 10.) I understand that I am required to annually File an Affidavit with the Building Commissioner listing the names and relationship of my family members occupying said Family Apartment. 11.) I understand that I am required to comp with all conditions imposed by the Board of Appeals in Appeal No. — �¢-- 12.).I agree to immediately notify the building Commissioner in the event of the sale of the above- listed property. Sworn to under aepi nd penalties of perjury this�—day of Aa4w Signature Print Name KATE MITCHELL &.ASSOCIATES Attorneys at Law Bridge Creek Professional Building 1170 Rt. 6A, P.O. Box 160 West Barnstable,MA 02668 (508)362-1369(Telephone) (508)362-1368(Facsimile) KATE MITCHELL Nantucket Office: LINDA L.DOLL 3 Freedom Sq.,The Commons Nantucket, MA 02554 (508) 228-0207 (Telephone) VIA FIRST CLASS MAIL July 20, 2006 Gloria Uranus Building Department 367 Main Street Hyannis, MA 02601 RE:. 17.5 Woodside Road.•West Barnstable Dear.Gloria: Enclosed please find an Affidavit dated June 12, 2000 from Deirdre C. Kyle, the owner of the above-referenced'property in which she affirms that there is no one living in her home other than her immediate family, i.e. herself,her.husband and their three children. Please note that a copy of the original affidavit dated June 21, 1999 and filed with your office is also enclosed. As I believe my paralegal informed you, I have discussed this matter with Ralph Crossen. He informed me that he would accept an affidavit from Mrs. Kyle affirming the residents of the home. I apologize for taking so long in getting this to you. I am just back from vacation, and discovered I had forgotten to forward this to you before I left the office. The delay is all mine. Thank you. Sincerely, Kate..Mitchell. Cc: Deirdre Cronin Kyle . Please mail correspondence to West Barnstable address - __- � ', �-rn� r c . . j � � I I I Btu a 1 131?-1 613 21 OC19 , 03-27-1998 C 03-36 QUITCLAIM DEED We, ROBERT S. INGRAHAM and BSIRI,EY/H. I Road; Barnstable (Hest), Maiiacliusetta 02> , of 175 Woodside for consideration paid in the amount of TWO HUNDRED TWENTY THOUSAND and 00/100 S( 220.000.00) Dollars, Y Cr..l.t to DEIRDAE C. IYLS 82 Surf side Road, Scituate Wsaarll.ner�s 02066------L— • , Y u WI"11 9U1'..7tAIM COVENANT£, r• - 'k" , Y ,nl situate in Barnstable Count ^ (Mb it • 1. Barnstab a 7t �' Y. Massachusetts, to9othez r.tons with the'buildi 'known followsi n`g s'ahereon es and numbered 175 Woodside Road,' bounded and 'da oribd"'ae` fi3: r �I"1 NORTHWESTERLY by Woodside Read, one hundred eighty and 00/100 (180.00) feet; �1 MORTBEABTERLY by Lot 33, three hundred fifteen and 81/10: (315.81) feet; • SOUTHWESTERLY b y land now or formerly of the Town of a� en30.00)le, one hundred thirty and 00/l0U YI (130.00) feet; and 0 SOUTHWESTERLY by Lot 35, two hundred eighty-one 51/100 (281.S1) g feet. a N ng 731 ofnl land en itl d *PlaneofesLanddineMers one Mil • 1 on • plan Mass., For Holly Realty Truat, dated March 24, 1970, CharlesLN. �t Slavery, Inc. , Registered Bnyyinearing and Surveyors, Dyannis and o South Yarmouth, which plan !a duly recorded in tho Barnstable County Registry of Deeds in Plen Book 239, Page 137. There is granted appurtenant to the above described lot the right to use the stresto and roads as shown on said plan for all usual purposes in common with other entitled thereto. This conveyance is subject to and with the benefit of any and all rights, restrictions, and eaonnents of record, if any there be, Insofar as now in force rind applicable. 1 Subject also to saseaent to Now England Telophona L Telegraph Company, at al, duly teccrds(1 In Dernatable County Registry of AM"10 ew►rnry Daeda In no 1516, Page 433 and to an osaenent to Cape & e TV551-n0014120N Vinoymrd Clectric Company, et al, duly recorded in Barnstable a WPV'•PC County Rogistry of Deeds in Book 1516, Page 1135. •nONwr.f Al LAW MI/r YIINQfI M,Y,91 _" Page -1- of Tvu Pages. 'VAI M 14,13 • Bk S 1 1317-169 21 001':f The above described premises are conveyed subject to Protective Covenants as not forth in an instrument dated April 12, 1971, duly recorded in Barnstable County Registry of Deeds in Book 1507, Page 233. For title see deed from Charles Cabral and Betsy R. Cabral to us dated January 27, 19840 and recorded with the Barnstable Cou ty Registry of Deeds in Book 3999, Page,204. WITNESS ur hands and seals this 27th day of Harch,`.1998. lnl W RO 46/11WAM 68IRLEW! 7,^R`:b COMMONWEALTH OF MASSACHUSETTS Barnstable, so. HazcA 27 1998', 1 th Then p3rsonally appeared the above-named ROOM S. INGRAHAM and SBIRLBY INGRAHAM and acknowledged the foregoing instrument to and SBIRLEY/" be their free act and deed, before me, a � � 0( Notary rublio Catherine M. (ierrt .. iY My commission oxpi 3 i7N0�QM June I1, 200 Altono.SWEENIr SIUSSL.NUULN160N A UUnUV.vc An OIU[V5 At LAW Witt.ARMOUT.t MASS Page -2- of Two Pages. ww (50111775.3413 BARNSTABLE REGISTRY OF DEEDS ';i UFtED 4.X01 eul�at Y 6 2 ' Ixl i i amr Inr 7 17-6 � O , Y IS ISN' . \ L6fX 1E 1 n5 Or i Ix - 0 XOK -O 2W ewe 9 Ilxs ,L IDIC 23 WK - 32WB � IIM 4.44 X (LUX 31w/x!B . 9we f1A 4.X02 r 31C0 3000 fps Lea( • ip IISi C SM1C II 2C0 /Vf5 1 12r /. Ul X Sf1X 26 Ila Isl 25 N MAP 127 PARCEL .030.TOOKf E . W E SCALE: lII=20(Y ?� FILE: mI27p30.dgn S i .�-�ki� � • - � r . -. I TOWN OF BARNSTABLE REPORT ,.JPPLDMDNTARY/CONTINU&&',JN REPORT I ? NAME (LAST FIRST, MIDDLE) DIVISION /DBP7 N NOTE DETAILS i OBS RVATIONS-ITEMIZE EVIDENCE, SERIAL '#S ETC. A K v C K o.J -41 2 i2AJfl .a,Q S W-r J 15 Al A nl- Z Z .v� SUBMIT TED 'BY PAGE 1 TOWN OF BARNSTABLE LOCATION / D5i1>� �E'Df�h SEWAGE # VILLAGE ASSESSOR'S MAP & LOT INSTALLER'S NAME&PHONE NO. ..-.� ... . .. i JEY 1111C True n �.ru-P�,.,,. ., - LEACHING FACILITY: (type) (size) NO. OF BEDROOMS BUILDER OR OWNER PERMTTDATE COMPLIANCE DATE: Distance stance Between the: Y Sepal Maximum Adjusted Groundwater Table to the Bottom of Leaching Facility Feet ~° Private WaterSupplyWell.and.Leactung Facility (If any wells exist .. on site or within 200 feet of leaching facility) -Feet ;' Edge of Wetland and Leaching Facility (If any wetlands exist Feet within 300 feet of leaching facility) Furnished by �+, 9� b Applicant: Deirdre Cronin Kyle Property Address: 175 Woodside Road,West Barnstable Assessor's Map/Parcel: Map 127, Parcel 030300 Area: 1.04 acres Building Area: 3,120 sq.ft. Zoning: RF Residential F Zoning District Groundwater Overlay: GP Groundwater,Protection District On Meeting Title V Septic System presently has a 1000 gal. tank for 7 bedrooms not in 440 state regulations bottom line upgrade required. $1,000 to$1,500 for engineer installation $3,700 to$10,000. (High Capacity Infiltrates recommended by health) 11 units with 2"of stone or 9 units with 3"of stone. Assistance program called Community Septic Management Program anticipates it will allocate $200,000 county wide It is a loan program and the pay off is added into tax bills. 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',s.?ux"wrn•., r,�P'`.�'?.�''.''...� .:i'.'Y ''i .::te:.kr. .z'9' ..+•.,.asH,,.vf.-:� „ •"m r:..:u,„;<,.xsr,:. .,#.,, .:,rmh�..' Description Code Appraised value Assessed value 75 WOODSIDE RD ESIDNTL 10,10 151,400 1511400 801 BARNSTABLE,MA 02668 Barnstable 2000,MA a �L" Latv'w wi ccoun an e. Tax Dist. 300 Land Ct# T C T N et.Prop. #SR I S I Life Estate VISION DL 1 LOT 34 Notes: DL 2 GIS ID: Tota4l ' . ,�N "a. _ <. „ 3 ,U:` v t.,, r % q: .;s", s '' r' r .v.?,.s�.> :wi. J ,'r. :rssr „".aa .s ',',»,.:ham :t9 '.;. anz'.,c,.:f[.«.- �+�«`.��.,' . , r. Code AssessedValue r. Code AssessedValue r. o ssess a ue GRAHAM,ROBERT S&SHIRLEY 3999/204• 01/15/1984 U I 100,000 G 1011) , ABRAL,CHARLES 1678/220 Q 0 1999 1010 151,4001998 1010 152,200 -- oa: oa: , oa: 173,70U �� •: �,` ._ . !s st nature ac now a es a vtstt a ata o ector or ssessor Year ype escription , moun Code, Description Number Amount Comm.Int. IV Appraised,Bldg.Value(Card) 115,300 Appraised XF(B)Value(Bldg) 36,100' Appraised OB(L)Value(Bldg) 0 joraq Appraised Land Value(Bldg) 51,900 Special Land Value Total Appraised Card Value 203,300 Total Appraised Parcel Value 203300 Valuation Method: Cost/Market"Valuation Net TotalAppraised Parcel Value PIN, , °tee ,..� <.: r t �. �jI. F � r.'>hP:S a`�:,'�, `�'.��d,°�'�,ike ::.i„.; .�r..::.,�.:».x-,. ?ay.^.. >b�^:Rv?r,:.^"�: :.. ac�` ..+' .� o- �. .e>, �`� .�'..,�•s�'. ._ Permit Issue Date type Description Amount 'Insp.Date YO Comp. Date Comp.. Comments ate urpose esu t ,. 7-7-6�:•.r„a..,'i,..�.� -fun.Y.�r,,.:;t-," 9. :k.� -i.:a. -.c ;' :,�r.„ .,.Y.«...:. :... «, 'Fm� ^w Use Code Description Zone D IT rontage Depth units Unit Price 1.1,dclor S.I. U Pdclor Nbhd. A dj. Notes- ecial Pricing' j. Unit Price Land Value Singleo es: 1 1010 Single Fain RF 3 0.04AC 95,000.00 1.00 5 1.00 82AC 0.50 PCL(.04,U11)Notes:,111RES 471,50000 "1,900 k E o al Cardan ni 1.041ACI Parcelafal iandAreal 1.U4 ACIo 'Land a ue a , Property Location: WOODSIDE RD MM MAP ID: 127/030/T00// Vision ID:8161 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 01/24/2001 C'0,NS1WVC11ON 1) ]AIL SA E emen[ escription Conunerctat Data Elements Style/ Type )b Raised RanchElement Cd. Ch. Description Model 1 Residential Heat&AC IIVDF Grade C C Frame Type Baths/Plumbing Stories 1 1 Story 12 12 ccupancy 0Ceiling/Wall ooms/Prtns 27 Exterior Wall 1 14 ood Shingle /o Common Wall 2 Wall Height Roof Structure 3 able/Hip f3M MT Roof Cover 3 sph/F GIs/Cmp nterior Wall 1 5 Drywall enient Uode Description actor 2 Interior Floor 1 12 ardwood Complex 24 2 2Floor Adj t Unit Location 30 3 eating Fuel 02 oil Heating Type 05 Hot Water Number of Units C Type 01 None Number of Levels 24 ti- /o Ownership Bedrooms 5 Bedrooms Bathrooms 3 Bathrooms COS17XMIM51 VAIVTIT07V 2 52 0 Full na j. ase a e otal Rooms 11 1 Rooms Size Adj.Factor .95022 ade(t)Index 1.07 2 ath Type 2 Modern Adj.Base Rate 8.80 Kitchen Style 2 Modern Bldg.Value New 134,054 Year Built 1973 ff.Year Built 1973 r nI Physcl Dep 4 uncnl Obslnc con Obslnc pecl.Cond.Code a o e Description ercenta a pecl Cond% 10 low Single am veralI /o Cond. 6 luu eprec.Bldg Value 115,300 Code Description LIB Units Unit Price Yr. pp t oC;nd Apr.. Va ue FPO xt FP Opening B 2 �800.00 1973 1 100 1,200 BGAR Bsmt Garage B 1 4,000.00 1973 1 100 3,000 BLA Bsmt Liv=Aver B 1,560 25.00 1973 1 100 29,600 Code _ Description Living rea Ciross Area. Aff.Area Unit Cost Undeprec. Value BAS Virst kloor , ---4m 111,654 BMT Basement Area 0 1,560 312 9.76 15,226 UBM Basement,Unfinished 0 576 115 9.74 5,612 WDK Wood Deck 0 324 32 4.82 1,562 [. Gross ry ease rea 2,2881 4,7481 2,7471BIdg Val. Property Location: WOODSIDE RD MAP ID: 127/030/W00// Vision ID: 8162 Other ID: Bldg#: '1 . Card 1 of. - 1 Print Date:01/24/2001 a..S YRUADAs a v � z a ca ; y y r r x G bye Description Code Appraised Value Assessea value %KYLE,DEIRDRE C 801 75 WOODSIDE RD BARNSTABLE,MA 02668 Barnstable 2000,MA ccoun., an Ref. Tax Dist. 500 Land Ct# VISION T N er.Prop. #!SR IJ 1 Life Estate Ol DL 1 Notes: „ DL 2 GIS ID: forall , . wr , =s; • 4 : frn ash e =ramWAR,.w .. .., "Pi�s7Sa?�ak q n r. o e Assessed Value r. o e AssessedValue r. loae: Code ssesse a ue ABRAL,CHARLES° 1678/220 Q 0 T9919. o : oa: _ a , f r: �; •_ is signature acknowledges a visit y a Data o ector or Assessor Year ype escrtption mount Code Description N Number mount omm. nt. „ Appraised Bldg.Value(Card) 0 Appraised XF(B)Value(Bldg) 0 Appraised OB(L)Value(Bldg) 0 'Fora'Foraq Appraised Land Value(Bldg) 23,900 Special Land Value Total Appraised Card Value 23,900 Total Appraised Parcel Value 23,900 Valuation Method: Cost/Market Valuation e o a . pprarse arce a ue , � � Amount ,nsp- �alale o Comp. ate Comp. :✓�.1s,;om m. ents a.,t,e..ak � .saau�rermrl issue ate )T Description p�o:ms.e�$.es`s,u<t • l .... way •.; .� ' Use Code escription one .rontage Depth - nits nit rice actor actor /. Notes- / pecia ricmg j. nu rice. an a ue�. Undevable 5 O.U9 AC 489,1JUU.UD---1.U9-3-- , o es: , , 1 1320 Undevable RF 5 0.04 AC 95,000.00 1.00 5 1.00 82AC 0.50 PCL(.04,U11)Notes: 11 1RES 47,500 00 o a cardan n Parcelo a an r oaan :,ea , d, Property Location: WOODSIDE RD MAP ID: 127/030/W00// Vision ID:8162 Other ID: Bldg#: 1 Card 1 of 1 Print Date: 01/24/2001 Element Description Commercial Data Llements Style/ ype vacant Lana- Element Cd. Ch. Description odel 00 Vacant Heat ade Frame Type Baths/Plumbing tories ccupancyCeiling/Wall ooms/Prtns xterior Wall'I /o Common Wall 2 Wafl Height Roof Structure Roof Cover Interior-Wall 1 Element Code Description actor 2 . Interior Floor 1 Complex 2Floor Adj Unit Location Heating Fuel Heating Type umber of Units C Type umber of Levels /a Ownership Bedrooms Bathrooms na j.Base RateI-ou otal Rooms Size Adj.Factor .00000 ade(Q)Index .00 Bath Type Adj.Base Rate .00 Kitchen Style Bldg.Value New Year Built ff.Year Built nnl Physcl Dep uncnl Obslnc con Obslnc MLXLIU USE Spec].Cond.Code Code h pecl Cond%Description ercenta a Overall%Cond. n eva e Mu eprec.Bldg Value Code Description 1171 Units Unit Price Yr. p Rt XoCnd Apr. Value Code Description LivingArea GrossArea EU.Area Unit Cost Undeprec. a ue r t. ross tv ease rea 01 01 01 Bldg Val: o� 0 G • `°'o _= c� LOT 33 �4' !__---_==_=_ � s I, Qo- LOT 34 LOT 35 sj, �0 00 A�0 i Gb �0� RES. ZONE.• "'P.F" This MORTGAGE INSPECTION Plan is For FLOOD ZOXE..' 7' Bank Use Only TOWN: _ -VARY E__________ REGISTRY OWNER: Q� _Ili'�h'Ah'Alzl___________________ DEED REF: __389 _e0_4______________BUYER: _1� 'l,Qf _�_IfYI. DATE: _3,/_IQ�-,��------- -------------------- _____-____-_ PLAN REF: _�3811Z_____-__ ___ SCALE-- 50' FT. I H REBYy CERTIFY TO L _ ---- LA YERS TITLE _-__THAT THE BUILDING ``N OF YANKEE SURVEY SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS �� ' CONSULTANTS SHOWN AND THAT ITS POSITION DOES _ __ CONFORMS PAUL 40B (SUITE ]) TO THE ZONING LAW SETBACK REQUIREMENTS OF THE .. TOWN OF ___&B&LIU,STA&Z-------------AND THAT MERITmew INDUSTRY ROAD 1T DOES_1uQ-T_ 'LIE WITHIN THE SPECIAL FLOOD HAZARD �O' 3m MARSTONS MILLS, MA. 02648 AREA AS SHOWN ON THE H.U.D. MAP DATED_8/�/_6J_ �Ecisit��° TEL, 428-0055 Communitv— 250001 0015 C '�'� o'�� FAX: 420-5553 __ THIS PLAN NOT MADE FROM L'MENT ---- SURVEY, NOT TO BE USED FOR ETC. 1?3150 T tl' - , 4 N x 7'K � I \ .1 X leORf I<Y46 �XS �¢/UD�ps'/IJ6 ,Pa�9D �p >7 V 1 4 I O � , i C 'y R 7 s- r TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 2- Parc I sD GUDO Viso �a ��O Tod Permit# Health Division Date Issued Conservation Division Feed �® Tax Collector Win 64 M G/ST EM ITJUST RE Gera`,ALLED IN COMPLIANCE Treasurer t ( WITH TITLE 5 Planning Dept. ENVIRONMENTAL CODE AND Date Definitive Plan Approved by Planning Board TOWN REGULATIONS Historic-OKH Preservation/Hyannis Project Street Address OJCO0 S I Q F >e 0 Village Gt1'�S! L��iiPGV$Tiq,�� Owner ac—ogORc a Kyzz— Address S'rQ/yl� Telephone .5e 28 /`/S Permit Request 36SZ�Q FT /6�c16 �8 SQFT Square feet: 1 st floor: existing proposed --;VA9 2nd floor: existing = proposed z8 Total new Estimated Project Cost Zoning District Flood Plain C Groundwater Overlay Construction Type Lot Sized X 29I X 3/S X/40 Grandfathered: ❑Yes ❑No If yes,attach supporting documentation. Dwelling Type: Single Family A Two Family ❑ Multi-Family(#units) Age of Existing Structure 2..7YRS Historic House: ❑Yes X1 No On Old King's Highway: ❑Yes R No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other XJ4AJ6 Basement Finished Area(sq.ft.) ✓UAi Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new •ems Half: existing A!!D new 0 Number of Bedrooms: existing_ new `i Total Room Count(not including baths): existing /10 new First Floor Room Count S� Heat Type and Fuel: ;Mas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes X-No Fireplaces: Existing ZI New Existing wood/coal stove: 34Yes ❑No Detached garage-*existing ❑new size Pool:id existing ❑new size Barn:❑existing ❑new size Attached garage:X existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes,site plan review# Current Use Proposed Use i BUILDER INFORMATION Name f��/�/l�OLC1�1 Telephone Number _'ge2811I S— Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE 5/ DATE r FOR OFFICIAL USE ONLY � d r PERMIT NO. - DATE ISSUED MAP/PARCEL NO. ADDRESS "' VILLAGE , OWNER DATE OF INSPECTI01�7: r .; FOUNDATION t FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH, y - - FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO� ` f ' i TOWN OF BARNSTABLE DEPARTMENT OF HEALTH SAFETY AND ENVIRONMENTAL SERVICES BUILDING DIVISION STO.P.,WORK .- THIS STRUCTURE AND/OR PREMISES HAS BEEN INSPECTED AND THE FOLLOWING VIOLATIONS OF THE BUILDING CODE AND/OR ZONING ORDINANCE HAVE BEEN FOUND: (71 3) YOU ARE HEREBY NOTIFIED THAT NO ADDITIONAL WORK SHALL BE UNDERTAKEN UPON THESE PREMISES, OR THE PREMISES OCCUPIED UNTIL THE ABOVE VIOLATIONS ARE CORRECTED. ANY PERSON REMOVING THIS NOTICE WITHOUT PROPER AUTHORIZATION SHALL BE LIABLE TO A FINE OF NOT LESS THAN FIFTY, NOR MORE THAN ONE HUNDRED DOLLARS. # I Address Date O 3 ti Building Commissioner The Commonwealth of Massachusetts • ; = =—. - Department of Industrial Accidents � �-_ • �� 011Jc�of/�estlgat�oos - - ' =_ 600 Washington Street - Boston,Mass. 02111 Workers Com ensation Insnrance Affidavit r�rrnrrr name: WHU S yt location' QnQ - o ...n-�isF� Q: M!� phone b city �f " /11 1'rr" �- • I am a homeowner perfbzming all work myself ❑ I am a sol%e etor and have no one worian in anv cap crtv ❑ : ... ::::::::........:::.:::.::.:.:.:..:.............'..:.::..::.:....:..e..:.:a.:.:s.:::::.ra::.u:...:.:o.:.:.:n.:::.:fr.:my:..:.::..:.:...:m...:.: ::..�.p.:.:.l:.:a.:.::ye.:e.::.:s working on.;t:{h<{:i.:s:.::job.ana : provlding . .. ..: NOW: ::«:::::<::.»:.;:::.::>::.:_::>:::<:>:<:�::.:>:::::::<.:;>::.::>::::;::>:: vn an :::.:::::::.:.-::::...:....................:....:..;::... 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MEW...,uric............... ............ ........... ..............4........................}........::::::-v....+:•.w:x:r...... •Y..... ............. ......yr ..... .....,..... .............. ........... ............ ............ ......................v......n .............v. ..., .:::•. n..... 3:::::::::. � :::::::::::::::::::•:v.....::..•r::::•.v:::::.v:w:;::.:v::::w::.. ::::•............:•.�::::.�:.ti•:;{::::Y:::.,wr,...r........v:::::w::::::x+:iJ:?fi}Y...n•,.,\ ....r...�,r�:^-x'•:v:n{:,v::}:::.::........... ............... Fanure to secure coverage as regaired order Sectlan ZSA of MGL i32 can lead to the Inpos of criminal penalties of a Brie rip to S1A00.00 andior tvonment as well as dvB penalties in the form of a STOP WORK ORDER and a Bite of S100.00 a day against me. I andet stand a one yeah'imp p of the DIA for coverage verincatiom copy of this statement may be forwarded to the OID,oe otlavesligatlona 1 do hereby certify the priors aid paeallies of pedwy that the information provided above it ma and correct Date - Signature Print name S Gf- Phone# oincial use only do not write in this area to be completed by city or town official ' permMicense# ❑Buflding Department city or town: ❑Licensing Board ❑Selectmen's Office ❑check if immediate response is required ❑Health Department contact person: phone#; ❑Other • (rovnaed 9195 PJN Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the "law", an employee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. An emplover is defined as an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,'partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance , construction or repair work on such dwelling house or on the grounds or . building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage.required. Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance rcgafi cats of this chapter have been presented to the contracting authority. Applicants Please fill in the workers' compensation affidavit completely,by checking the box that applies to your situation and supplying company names, address and phone numbers.along with.a certificate of insurance as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be-returned tgthe city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the `law"or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a.reference number. The affidavits may be returned fo the Department by mail or FAX unless other anangeme�have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have anv questions. please do not hesitate to give us a call. The Department's address,telephone and fax number. �- The Commonwealth Of Massachusetts Department of.Industrial Accidents Office of lavesugatlons 600 Washington Street Boston,Ma. 02111 fax#: (617) 727-7749 phone#: (617) 7274900 eat. 406, 409 or 375 °TIME l°y_ The Town of Barnstable 9� HASS. ��� Department of Health Safety and Environmental Services 1659. iOrED►A0'�A Building Division 367 Main Street,Hyannis MA 02601 Ralph Crossen Office: 508-8624038 Building Commissioner Fax: 508-790-6230 Permit no. Date / , d AFTMAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. cU Type of Work: Z)IEC x (3JAJ5TR610T/0&( Estimated Cost Address of Work: / Owner's Name: Date of Application: I hereby certify that: Registration is not required for the.following reason(s): ❑Work excluded by law ❑Job Under$1,000 ❑Building not owner-occupied I]Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractoi Name Registration No. OR Date Owner's Name q:fomis:Affidav e T own. of Barnstable t HKE 'O`'ti° Department of Health Safety and Environmental Services ' Building Division BAMS''mM ' 367 Main Street,Hyannis MA 02601 . MASS. i639. �plFO MAC� Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: number ,l street villag "HOMEOWNER": Y6 name home phone# work phone# CURRENT MAILING ADDRESS: city/town. state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an,individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures-and re ements. Signature of Home o 7 Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply . with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community. Q:FORMS:EXEMPTN �0� I 6� 0 4�� --_ -=_-- c� LO7' 33 a' _XSE ,yl75 - b -- p moo==== � S �pc9. moo- LOT 34 LOT 35 �o'sj, 00 Q 13 � yak �1 G0 o�C� RES. ZONE.- "P.F" This MORTGAGE INSPECTION Plan is For FLOOD ZONE.' "C" Han Use Only TOWN: _ 5T__ Al�N T9�LE________-- REGISTRY OWNER: JiQ F'RT_�,_Ili!�ih'AHA�l------------------- DEED REF: _�38� D_4 ___________BUYER: .1� 'Ll1R '_C_IfYI, ____ DATE: --------------------------------- _.�/1191-198------------------- PLAN REF: _ _WAS Z SCALE: 1 ,= 50' FT. 4!ZWA�Z H REB CE�tTTI Y TO � _ � j�f;�,�Q _ - '--- _LAYEIS TITL INS._ --_THAT THE BUILDING ``� of YANKEE SURVEY SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS ��? CONSULTANTS SHOWN AND THAT ITS POSITION DOES ---- CONFORM ;q� PAUL �� 40B (SUITE 1) TO THE ZONING -LAW SETBACK REQUIREMENTS OF THE A. TOWN OF ___RAWSTA&Z-------------AND THAT WFAMMEW N INDUSTRY ROAD 1T DOES_.NS_T__ LIE WITHIN THE SPECIAL FLOOD HAZARD MO 32088 MARSTONS MILLS, MA. 02648 AREA AS SHOWN ON THE H.U.D. MAP DATED( /�/_6J_ F,� SIEA"" TEL 428—0055 R50001 0015 C Sko'�� FAX: 420—5553 _ k THIS PLAN NOT MADE FROM L'MENT 291 JO SURVEY, NOT TO BE USED FOR FENCES. ETC. 5 d � i i t v N /4< o, et I ' IL . - 1 � . %Y c` A-�—YLE f � v+ I it 1 �j. ti ComUlaint Number: 1765 Taken bv: J j LI)jMQ STRV-LCY,,S Date: 5 17 00 ManA)arcel: 127 030 t00 Referred to: D�G SUBJECT OF COMPLAINT Business/Occubant Name: JKYLE Number 175 Street: WOODSIDE RD. Villaze: . i ST—BAR�iSJQ.Blr, COMPLAINT INFORMATION Complainant's Name: ANONY Address:, Telephone Number: Complaint Description: BUILDING DECK—NO PERMIT. ALSO NO PERMIT TAKEN OUT TO REMOVE tit'' t.� `' KITCHEN IN FAMILY APT. NOT BEING ;. .' USED. a: rr Actions Taken/Results- 7 Dare"Closed Property Location: WOODSIDE RD MM MAP ID: 127/030/T00// Vision ID: 8161 Other ID: Bldg#: 1 Card 1 of 1 Print Date:1 110 111 9 9 9 Description Code Appraised Value Assessed Palue RESLAND 175 WOODSH)E RD ESIDNTL 1010 151,40 151,40 801 BARNSTABLE,MA 02668 Barnstable 2000,MA ccoun69614 Plan Ret. ax Dist. 300 Land Ct# er.Prop. #SR VISION Life Estate DL 1 LOT 34 Notes: DL 2 GIS ID: I o a , , RhCURD OP,OWNERSHIP BK-VUUPAGL SALEDATE qu vi ICE V. r. Gode Assessed Value r. o Assessed Value r. o e ssessed Value GRAHAM,ROBERT S&SHIRLEY 3999/204 01/15/1984 U I 100,00 G , (' ABRAL,CHARLES 1678/220 Q 199 1010 151,40 199 1010 152,20 oa. Total. oa. , is signature ac now a ges a visit y a ata o ector or Assessor Year ype escRption mount Code escription Number Amount comm.Int. APPRAISED VALUE NU]9?9,TRY_ Appraised Bldg.Value(Card) 115,300 Appraised XF(B)Value(Bldg) 36,100 Appraised OB(L)Value(Bldg) 0 °a Appraised Land Value(Bldg) 51,900 ivulbly Special Land Value Total Appraised Card Value 203,30 Total Appraised Parcel Value 203,30 Valuation Method: Cost/Market Valuatio et I'otal AppraisedParcel Value 203,300 Permit ID Issue Date type Description Amount Insp.Date Yo Comp. Date omp. omments Date ID Cd. Furpose/Kesult I R Use Code Description Zone rontage Depth units Unit Price 1.Pdctor actor Nbhd. Adj. Notes-Adj73pecial Pricing Adj. Unit Price Land Value Single Farn ., o es: 1 1010 Single Fam RF 3 0.04 AC 95,000.0c 1.00 5 1.00 82AC 0.5 PCL(.04,U11)Notes:11 1RES 47,500.00. 1,90 otal iandni 1.0 A� o aLand,Valul , Property Location: WOODSIDE RD MM MAP ID: 127/030/T00// Vision ID:8161 Other ID: Bldg#: 1 Card 1 of 1 Print Date:11/01/1999 COJVSJWUCJJU1VDE1A1L SAL I CH ement Cd. Ch. Description Conunercial Data Elements e ype arse anc Element Description Model 1 Residential ea ify Grade C Frame Type Baths/Plumbing Stories Story 12 12 Occupancy 0 CeilingfWall ooms/Prtns 27 Exterior Wall 1 14 Wood Shingle /o Common Wall 2 Wall Height Roof Structure 3 able/Hip UBM BMT Roof Cover 3 sph/FGIs/Cmp Interior Wall 1 5 Drywall Element Code Description actor 2 interior Floor 1 12 Hardwood complex 4 2 2 Floor Adj Unit Location 30 3 eating Fuel 2 Oil Heating Type 5 Hot Water Number of Units C Type 1 None Number of Levels /a Ownership 24 Bedrooms 5 5 Bedrooms Bathrooms 3 Bathrooms CUS17MAIVWI VALUAIIWV 2 0 Full Unadj.Base Rate 48.OU52 Total Rooms 1 11 Rooms Size Adj.Factor 0.95022 Grade(Q)Index 1.07 2 Bath Type 2 Modern Adj.Base Rate 48.80 Kitchen Style 2 Modern Bldg.Value New 134,054 Year Built 1973 ff.Year Built 1973 rml Physcl Dep 4 uncnl Obslnc con Obslnc USE pecl.Cond.Code da Code Description Percenta a pecl Cond% 10 mg a am verall%Cond. 86 eprec.Bldg Value 115,300 Code Description nits Unit Price Yr. p Rt VoCnd Apr. Value irep ace , , FPO Ext FP Opening B 2 800.0 1973 1 100 1,20 BGAR Bsmt Garage B 1 4,000.0 1973 1 100 3,00 BLA Bsmt Liv-Aver B 1,56C 25.0 1973 1 100 29,60 Code Description Living Area Uross Area Ejj.Area UnilCost Undeprec. Value irs oor , , 111,65 BMT Basement Area 1,56 31 9.7 15,22 UBM Basement,Unfinished 57 11 9.74 5,61 WDK Wood Deck 32 3 4.8 1,56 I' 11 YL Gr—oss Liyli ease Area 2,281 4,741g Val: , .°�t"E rti Town.of Barnstable • °" PlanningBoard BARNSTABLE, # y MAS& 230 South Street,Hyannis,Massachusetts 02601 �A i639• (508)790-6290 Fax(508)790-6454 rFD MA'1 A Housing Amnesty Program Application for a Comprehensive Permit DRAFT Applicant: Deirdre Cronin Kyle Property Address: 175 Woodside Road,West Barnstable Assessor's Map/Parcel: Map 127,Parcel 030.T00 Area: 3,120 sq.ft. Zoning: RF Residential F Zoning District Residential F Zoning District Groundwater Overlay: GP Groundwater Protection District Groundwater Protection District Background: The applicant is requesting a comprehensive permit for a family apartment pursuant to the Local Chapter 40B Program of the Zoning Ordinance. The property consists of a 1.04 acre lot. The property was improved with a 3,120 sq. ft.one-story single-family residence. An expansion was done to include a 576 sq.ft.family apartment over the garage. Findings: 1. The applicant is the owner of the single-family residence at 175 Woodside Road in West Barnstable. The area is residentially zoned. The site is within the GP Groundwater Protection District Groundwater Protection Overlay Districct. 2. The applicant is seeking to develop the unit as a single family dwelling in accordance with the Chapter 40B Program. The unit is to be affordable as a rented unit to individuals whose income is 80%or less of the median income of Barnstable-Yarmouth Metropolitan Statistical Area(MSA). The tenant share for the unit shall be based upon 30%of the individual's income. 3. In May of 1988,the Zoning Board of Appeals granted relief to the applicant for a Special Permit for the family apartment with special terms/conditions. The Board was initially concerned with the number of bedrooms in.the house(5 or 6),plus,the one in the family apartment. The applicant was directed in 1998 to have the Board of Health give her a determination as to the number of bedrooms the septic system is designed to handle. There is currently no record on file showing that the applicant has satisfied such terms/conditions of the Special Permit with the Board of Health. LOCI 0175 WOODS'IDE- R_ CTY] 03 TDS] 300 CO, KEY] 69614 ----MAILING ADDRESS------- PCA] 1011 PCS] 00 YR] 00 PARENT] 0 INGRAHAM, ROBERT S MAP] AREA182AC JV1326702 MTG19201 INGRAHAM, SHIRLEY SP1] SP21 SP31 319 CHESTNUT ST UT11 UT21 . 91 SQ FT] 2288 NEW BRITAIN CT 06051 AYB] 1973 EYB] 1973 OBS] CONST] 0000 LAND 45400 IMP 128300 OTHER ----LEGAL DESCRIPTION---- TRUE MKT 173700 REA CLASSIFIED #LAND 1 45, 400 ASD LND 45400 ASD IMP 128300 ASD OTH #BLDG(S) -CARD-1 1 128, 300 DESCRIPTION TAX YR CURRENT EXEMPT TAXABLE #PL WOODSIDE RD MM TAX EXEMPT #DL LOT 34 RESIDENT' L 173700 173700 173700 #RR 1876 0105 OPEN SPACE COMMERCIAL INDUSTRIAL EXEMPTIONS SALE] 01/84 PRICE] 100000 ORB] 3999/204 AFD] I G LAST ACTIVITY] 06/05/86 PCR] Y I .6 R127 030 .T00 P E R M I T [PMT] ACTIOR] CARD [000] KEY 69614 000000001 PERMIT-NO MO YR TYPE VALUE CK-BY MO YR .CMP NEW/DEMO COMMENT R127 030 .T00 •P P R A I S A L D A T A! KEY 69614 INGRAHAM, ROBERT S LAND BLD/FEATURES BUILDINGS NUMBER ZN/FL=RF 45, 400 128, 300 1 A-COST 173 , 700 B-MKT 126 , 700 BY 00/ BY /00 C-INCOME PCA=1011 PCS=00 SIZE= 2288 JUST-VAL 173 , 700 LEV=300 CONST-C 0 ----COMPARISON TO CONTROL AREA 82AC -- --MAY NOT BE COMPARABLE-- NEIGHBORHOOD 82AC WEST BARNSTABLE PARCEL CONTROL AREA TREND STANDARD 101 10 LAND-TYPE 454003 LAND-MEAN +Oo 1737001 96467 IMPROVED-MEAN +33% 250-. ] FRONT-FT 1] 100 DEPTH/ACRES TABLE 02 1000] LOCATION-ADJ APPLY-VAL-STAT 1 LNR] LAND LFT/IMP]ADJS/SB/FEAT STR] STRUCTURE ARR]AREA-MEASUREMENTS NOR] NOTES COM] MARKET INC] INCOME PMR] PERMITS GRR] GRAPHIC FUNCTION- [ ] STRUCTURE-CARD NO- [0 0 0] DATA- [ ] XMT [?] J '.OPERTY ADDRESS I I ZONING (DISTRICT CODE SP-OISTS.I DATE PRINTED)STATE CLASS I PCS I N8HD KEY No. 0175 WOODSIDE ROAD 03 RF 300 03CO 07/09/95 1011 00 82AC R127 030 TO LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS r,, UNIT 'ADJ'D.UNIT INGRAHAM. ROBERT S MAP- La�tl BylDa,e S,�c D�men<,on LOC.IV R.SPEC.CLASS ADJ. COND. P PRICE PRICE ACRES/UNITS VALUE Dexrlplion [Co.[ FF.De IroAc,es #LAND 1 45.400 CARDS IN ACCOUNT - 10 1BLDG_SIT 1 X 1 =10 100 44999.9 44999_99 1_00 45003 #BLDG(S)-CARD-1 1 128e300 F 01 OF 01 11 1RESIDUAL 1 X loc 100 9000.0c 9000.00 .04 400 #PL WOODSIDE RD MM COST 173700 - /� #DL LOT 34 ARKET 126700 BA'" 3.0 U x I C= 100 10560.0C 105 CO.00 1.00 10500 d #R R 1876 0105 INCOME F�LACE U x C= 100 3100.0 3100.00 1_00 3100 3 USE A En.,.. , ¢IREPL U X C= 100 1300.00 1300.00 2.00 2600 B APPRA.ISED VALUE D 3iVT GARAGE U X . 2 C= 100 3100.0 4030.00 1.00 4000 a A 173.700 PARCEL SUMMARY U AND 4.5400 S LDGS 128300 T -IMPS MI OTAL 173700 E ' I �AND CNST DEED REFERENCE Typl R-dd RIOR YEAP. VALUE T Boo, MO. yr_DI 'I-Prib 45400 S � 3999/204- 101/84 G 100000 OLDGS 128300 1573/220, 00/00 TOTAL 173700 BUILDING PERMIT Numper Dale Type Amount LAND LAND-ADJ INCOMt SE SP-GLDS FEATURES OLD-ADJS UNITS 4,5400 20200 Consl Total Voar Built NWm. DnaV. Class Units Unns Base Rale A., Rale A I Age Depr. Contl. CND L- %R G Repl Cost New A., Repl Y.W. S,o,.s Heignl Rooms Rms Blths I Fis. PrWgw.11 FIc. 0115 U1 0 11.5 115 53_80 61.87 73 7.3 21 78 100 78 164513 12330D 1 _0 9 5 3.0 7_0 ,puon Rato Square Feul Rep"Cos, MKT.INDEX: 1-00 IMP.BY/DATE. / SCALE. ELEMENTS CODE CONSTRUCTION DETAIL b 00 61 .87 2238 141559 GROSS AREA- 2288 SINGLE FAMILY DWELLING CNST GP:00 'FWD 8.5 8.50 324 2754 STYLE 01 RAISED RANCH 5.0 ESIGN ADJMT 02 ESIGN ADJUST 10.0 --------------- - ---------------------- -XTER.'WALLS J1 OOD FRAME 0.0 EAT/AC TT PE 02 AS _______________ C_0 NTcR.FiNISH OU 0.0 [NTeR.LAYoUT JT _ 0_0 iNTEF _UAI:TY JZ AME AS EXTER._ 0.0 --------------- --- ------------- - LOUR STRUCT 00 0.0 LaOR CovcR-- -0G ------------------O.o - - P ---- ------------------ - E Tp,alA,a:,s Aur _ 324 Base- 2288 UJf Y TE ;j6 � Q.0 T BUILDING DIMENSIONS LE VU C T R I C A L - ____________ 0.0 OU1-9ATION- "00 -- ------- --99_9 A -------------- - -- ------------------ ---- ----YEI,lf30RH -OD 87AC_VE_ST-B-ARASr,A8 L I LAND TOTAL MARKET PARCEL 45400 173700 AREA 19293 VARIANCE +0 +800 STANDARD 25 A ,-ram• t TOWN OF BARNSTABLE'" }� REPORTIMPPLEMENTARY/CONTINUAIAN REPORT NAME (LAST FIRST, MIDDLE) DIVISION /DHP7 N NOTE DETAILS 6 OBS RVATIONS-ITEMIZE EVIDENCE, SERIAL !S ETC. i _ WOO& S-- AA IJ S- lC- a s JL ,. ��u Q -r� r N W A l 4,-,V .v L' CA s. IZ r -120 C-K fK o v 2 S l i2 --a S t v AJ 4 AJ- S �. o cv J. rJli -2 Pt%-I oI -o W� � i iAin SUBMITTED 8Y PAGE 1 x.. . .. SE ::.:.:.::....::... <` '.�... win >x:€> Wy . 0 . .::B 1 INRAHAM ... r � OODS DEtRD..�•.•. x.. :•;W ��yy ss��,��� �j[��,��Ei•�l:f:.': .�;: `��:�::%.'?R: {�:�:� :}? `:�::.'::v:?i::::: :#� :�:�:............ : :::: ::2;::::�::�:` � :�:? :::: :::�:2 :> s:� :�:::`�:?22%E:�: �iiN::i:; i:;;:;:;:;:;'.;i:;:�;i:i`:::iiii:�iij:v::<i;:}{}i:<• ._..v W.".. � - i:::i::)::•:>:vi<i�i::i::i' r.,:w:iii:i}}i-:;.iiiiiiii;.}•iiiiiv4i:4i:ii}iiii:i`::�:::iiiii::J:i?i:^ii:iiiiiii}iiiiiiii}i:vryiiM:ii•i:;.}'�i'•iiiiii::•iiii::ii::i:<:t::t::v::Lv:v::i:::::i::i::::::i:::i�: NEI HB R < `<<': . �IL LEGAL ............................ WILL GO ON SITE AFTER RESEARCH. a l C�EF S L�^'Q Tf�Z� �. � ��0"-2� I �v�P S �� � �( r 3� � rk <:> PPLIC ATION NO. T f Massachusetts - r�• u t o ': :MP t�AfN A.. � �o :..................................................... 9825 AC 010580 ,, r Department G:: ict Court De artme 1 >5:::: . NO.OF COU NTS CITATION NO. ADDRESS DATE OF APPLICATION DATE OF OFFENSE COURT NAME& 3/06/98 9/09/97 1 BARNSTABLE DISTRICT COURT LOCATION OF OFFENSE POLICE DEPARTMENT ROUTE 6A, P.O. BOX 427 BARNSTABLE BARNSTABLE POLICE DEPT. BARNSTABLE MA 02630-0427 (508) 362-2511 NAME AND ADDRESS OF DEFENDANT ROBERT INGRAHAM DATE OF HEARING F iTPLAINANT 175 WOOD S I DE ROAD 4/0 9/9 8 MUST APPEAR AT W BARNSTABLE MA 02668 TIME OF HEARING ABOVE COURT ON THIS DATE AND 2 : 00 PM W SCHEDULED EVENT CLERK'S HEARING (G.L. c.218, § 35A) NAME AND ADDRESS OF COMPLAINANT GILLIS, JACK FIRST SIX COUNTS 1 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL TO THE ABOVE-NAMED COMPLAINANT: You are hereby notified that a hearing on your application for a criminal complaint against the above named defendant will be held at this court by a magistrate on the date and time indicated. If you have any witnesses you want to testify at the hearing, you must bring them to the hearing. Please bring this notice and report to the Clerk-Magistrate's office upon arrival at the court. If you fail without good cause to appear at the hearing, the application will be dismissed. DATE ISSUED CLERK-MAGISTRATE 3/06/98 98 .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€STES INCAPABLE DE LIRE ANGLAISE,OBTENEZ LINE TRADUCTION. ATTENZIONE:IL PRESENTE E UN AVVISO UFFICIALE DAL TRIBUNALE.SE NON SAPETE LEGGERE IN INGLESE,OTTENETE UNA TRAOUZIONE. ATENQAO:ESTE E UM AVISO OFICIAL DO TRIBUNAL.SE NAO SAGE LEA INGLE9,OBTEN HA LIMA TRADUQAO. LUU-Y: DAY LA THONG BAO CHINH THUC CUA TOA-AN,NEU BAN KH6NG DOC DUOC TIENG ANH,MAY TW NGU01 RICH HO. lot on CH2 3/06/98 10:18 AM Town of Barnstable . Department of Health, Safety, and Environmental Services °FINE r, Consumer Affairs Division 230 South Street, P.O. Box 2430 BAMSTABM ' Hyannis,MA 02601 Tel: 508-790-6250 MASS. v i639 ,0$ Fax: 508-778-2412 �ArED MA'S A Jack Gillis Supervisor September 9, 1997 Robert Ingraham 175 Woodside Road West Barnstable, MA 02668 Re: 175 Woodside Road,West Barnstable,MA 02668 Map/parcel 127/030-T00 Dear Property Owner: The Building Division of the Town of Barnstable has attempted to resolve the zoning issue regarding your property. The division records show no response to date. The matter has been turned over to my office for criminal court action. If no response is made within seven (7) days from the date of this letter, we will seek a criminal complaint in Barnstable First District Court to resolve this issue. If you have any questions regarding this matter, please do not hesitate to call me at (508) 790- 6250. Sincerely, /1 a k Gillis ivision Supervisor JG:Ifl cc Attomey Michael B.Stusse j/build ing/ingraham.doc CFTHE rpm + BARNSPABM • F 59. The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner August 26, 1997 Robert Ingraham 175 Woodside Road West Barnstable,MA 02668 RE: M-127 P-030-T00 175 Woodside Road,West Barnstable,MA Dear Property Owner: We are sorry you have chosen not to cooperate with this office in restoring your home to a single- family dwelling. Since you do not want to comply to the Zoning Board of Appeals,we are forced to seek a complaint in District Court. Sincerely, Gloria M.Urenas Zoning Enforcement Officer GMU:lb cc: Attorney Michael B. Stusse CERTIFIED MAIL P 339 592 339 Q970618A ARDITO,f"MNEY, STUSSE, ROBERTSON *-UPUY, P.C. ATTORNEYS AT LAW MATTACHEESE PROFESSIONAL BUILDING 25 MID-TECH DRIVE,SUITE C WEST YARMOUTH,MASSACHUSETTS 02673 . EDWARD J.SWEENEY,JR. TELEPHONE(508) 775-UM RICHARD P.MORSE,JR. MICHAEL B.STUSSE FAX(508)790 4n8 RICHARD A.DALTON DONNA M.ROBERTSON RUTH A.MCLAUGHUN MATTHEW J.OUPUY CHARLES J.ARDITO, III CHARLES M.SABATT CHARLES J.ARDITO,P.C. FILE PLEASE REFER NUMBER T O June 26, 1997 6307 Gloria M. Urenas Zoning Enforcement Officer Town of Barnstable 367 Main Street Hyannis, MA 02.601 Re: Robert Ingraham 175 Woodside Road West Barnstable, MA 02688 Dear Gloria: Mr. Ingraham came to visit me on Tuesday relative to your letter of June 20, 1997 . Mr. Ingraham purchased the house in 1984 at which time the house was in the same configuration as it is presently. Mr. Ingraham admits that he does have a person living with him but does not believe he is in violation of the Zoning Bylaws of Barnstable.- Mr. Ingraham's housemate is a 86 year old woman suffering from a variety of "illnesses and has no where else to go at this time. Mr. Ingraham is unwilling .to put her out. He did ask me to tell you that the house is listed for sale and when sold, it will be sold free of occupants. Very truly y urs, TLMIC B SUS MBS:mel cc: Robert Ingraham L �'e" _ First:Eass Maii UNITED STATES POSTAL SERV,ICFa O0. t 40 oSt�ge_&Fees_Pwd r � w 'ti No.G.10_ a o • Print your n e, ad'l r s , and ZIPeode in this-bo"---- --- Town of Barnstable Building Division 367 Main St. Hyannis, MA 02601 I a ai SENDER: I also wish to receive the ■Complete items 1 and/or 2 for additional services. � H ■Complete items 3,4a,and 4b. - following services(for an 4) card• toourmame and address on the reverse of this form so that we can return this extra fee): > ■Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address 4) permit. d ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery W ■The Return Receipt will show to whom the article was delivered and the date ,. delivered. Consult postmaster ft;r fee. a 0 L41 m 3.Article Addressed to: 4a.Article Number ate, m E 4b.Service Type u / 7S 4 ❑ Registered ❑ Certified X uNi ) •, .� ❑ Express Mail ❑ Insured G(J N G ❑ Return Receipt for Merchandise ❑ COD I o — 7.Date of Deliv ry w M 5.Rece've By:(P ' me) 8.Addressee's Address(Only if requested W and fee is paid) g6.Signatur . r ee, t l �5 woocpSc lXx- „t ~ X a, PS FdrmZMI, Dece er 1ss4 Domestic Return Receipt ,I P 339 592 ,106 US Postal Service 1 1 .. `4 Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemational Mail(See reverse Sa� St 7 S Number Post Offi ,(State,&ZIP Code Postage $ a_ -7 Certified Fee Special Delivery Fee Restricted Delivery Fee u7 rn Return Receipt Showing to Whom&Date Delivered Rehm Receipt Showing to Whom, Date,&Addressee's Address 0 TOTAL Postage&Fees $CO a_ ch Postmark or Date 0 rn a Stick postage stamps to article to cover Flrst-Class postage,certified mail fee,and charges for any selected optional services(See front). r 1.It you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service m window or hand it to your rural carrier(no extra charge). m 2. if you do not want this receipt postmarked,stick the gummed stub to the right of the Q) return address of the article,date,detach,and retain the receipt,and mail the article. y' •- N 3. If you want a return receipt,write the certified mail number and your name and address rn on a return receipt card,Form 3811,and attach it to the front of the article by means of thq _ gummed ends if space permits. Otherwise,affix to back of article. Endorse front of artiefe .E a 6 RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the i addressee,endorse RESTRICTED DELIVERY on the front of the article. 000 th 5. Enter fees for the services requested in the appropriate spaces on the front of this ' receipt. If return receipt is requested,check the applicable blocks in item 1 of Forth 3811. ti r 6. Save this receipt and present it if you make an inquiry. Cl) ne Town of Barnstable BAMSTAB �0 Department of Health Safety and Environmental Services '°'Eo Mo►+°i Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner June 20, 1997 Robert Ingraham 175 Woodside Road West Barnstable,MA 02668 RE: (M-127 P-030.T00) Dear Property Owner: Our records indicate that your house at, 175 Woodside Road,West Barnstable,MA,is currently being used as a two-family home contrary to Barnstable Zoning Ordinances. You must contact this office as soon as possible to either: 1) apply for a building permit to restore the property to a single family home. 2) apply to the Zoning Board of Appeals for a variance 3) prove that these are legal two-family. You must contact this office immediately to tell us what direction you wish to take. Sincerely, 4 ie- Gloria M.Urenas Zoning Enforcement Officer GMU:lb CERTIFIED MAIL-339 592 306 ' f97031Ia i KATE MITCHELL & ASSOCIATES Attorneys at Law Bridge Creek Professional Building 1170 Rt. 6A, P.O. Box 160 West Barnstable,MA 02668 (508)362-1369(Telephone) (508)362-1368(Facsimile) KATE MITCHELL Nantucket Office: LINDA L.DOLL 3 Freedom Sq.,The Commons Nantucket, MA 02554 (508) 228-0207 (Telephone) VIA FIRST-CLASS MAIL June 22, 1999 Gloria Uranus Building Department 367 Main Street Hyannis, MA 02601 Re: Deirdre Cronin Kyle 175 Woodside Rd., West Barnstable Dear Gloria: As y6u requested;°ei cl6sed please find an Affidavit of-my client, Deirdre Cronin Kyle, with respect to the use of the, above referenced premises: As you and I have discussed, the Zoning Board of Appeals granted Ms. Kyle a special permit for a family apartment pursuant to Section 3-1.1(3)(D) of the Barnstable Zoning Ordinance. Due to an anonymous phone call, the Building Department was advised that Ms. Kyle was not in compliance with the Special Permit. She offers this Affidavit in explanation of her and her mother's situation. I will call you in a few days to discuss with you whether this Affidavit is sufficient. If you require further infuriYlation;-my client will be pleased to provide it.. I apologize-for the delay in sending this to you. Thank you. f Sincerely, : . -Kate-Mitchell cc; Dekdre'Cronin-Kyle _ a Please mail correspondence to West Barnstable address r� . A U9. Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1998-63-Kyle Special Permit Pursuant to Section 3-1.1(3)(D)-Family Apartment Summary: Granted with;Conditions *Petitioner: (Deirdre Crornri Kyle , Property Address: F_ 175 Woodside Road,:YVest Barnstable Assessor's Map/Parcel:--Map-127,-Parcel 030.-T00 Area: 1.04 acres Building Area: 3,120 sq.ft. Zoning: RF Residential F Zoning District Groundwater Overlay: GP Groundwater Protection District Background: The applicant is requesting a special permit for a family apartment pursuant to Section 3-1.1(3)(D) of the Zoning Ordinance. Family apartments are allowed in RF Residential F Zoning Districts as a conditional use, provided a special permit is first obtained from the Zoning Board of Appeals. The property consists of a 1.04 acre lot and is addressed as 175 Woodside Road, West Barnstable. The property is improved with a 3,120 sq. ft. one-story single-family residence. The applicant is proposing a 576 sq. ft. family apartment over the existing attached garage. The floor plan submitted shows an apartment unit of approximately 576 sq. ft., consisting of a bathroom, kitchen, dining/living room, and one bedroom. Apparently, the apartment unit already exists. The applicant is only proposing some cosmetic work to the interior(i.e. paint, wallpaper, re-carpet, etc.). No exterior work or remodeling is being proposed. The family apartment is to be occupied by Cynthia Ann Cronin, mother of Deirdre Cronin Kyle. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on March 20, 1998. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened May 13, 1998, at which time the Board granted the request with conditions. Hearing Summary: Board Members hearing this appeal were Gail Nightingale, Richard Boy, Elizabeth Nilsson, Tom DeRiemer, and Acting Chairman Ron Jansson. Deirdre Cronin Kyle represented herself before the Board. Ms. Kyle reported that she bought the property on March 27, 1998 with the intention of having her mother live in the family apartment. Currently, there are 5 (or 6) bedrooms in the main house and one bedroom in the (already existing) apartment. The applicant uses one of the rooms in the lower level as an office. They do not consider it a bedroom because the room has no closet. d t Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-63-Kyle Special Permit-Section 3-1.1(3)(D)-Family Apartment Ms. Kyle stated she understands, and is in compliance with, all the regulations of the Zoning Ordinance for a family apartment. This will be her permanent year-round residence. Her mother is in the process of selling her house, and then she will live in the family apartment on a year round basis. Regarding the septic system, Ms. Kyle presented a certificate from a septic inspection based upon six bedrooms. Five in the main house and one in the family apartment. Gloria Urenas told the Board that the Town was in the process of taking the previous owner to court about this apartment when the property was sold. Ms. Kyle bought the property and immediately came to the Town to legalize the family apartment. The Building Department is satisfied. The Board was concerned with the number of bedrooms in the house (5 or 6) plus the one in the family apartment. They requested Ms. Kyle speak to the Board of Health as to the number of bedrooms the septic system is designed to handle. The Board told Ms. Kyle the Special Permit would be conditional upon approval from the Board of Health and she stated she understood. Public Comment: No one spoke in favor or in opposition to this appeal. Findings of Fact: At the Hearing of May 13, 1998, the Board unanimously found the following findings of fact as related to Appeal No. 1998-63: 1. The petitioner is Deirdre Cronin Kyle. 2. The property addressed is 175 Woodside Road, West Barnstable, MA as shown on Assessor's Map 127, Parcel 030300. The area is 1.04 acres. 3. The applicant is requesting a special permit for a family apartment pursuant to Section 3-1.1(3)(D) of the Zoning Ordinance. 4. The property is improved with a 3,120 sq. ft. one-story single-family residence. The floor plan submitted shows an apartment unit of approximately 576 sq. ft., consisting of a bathroom, kitchen, dining/living room, and one bedroom. The family apartment contains not more than fifty percent(50%) of the square footage of the existing residential structure and is in compliance with the Zoning Ordinance. 5. The family apartment is to be occupied by Cynthia Ann Cronin, mother of Deirdre Cronin Kyle. 6. The application falls within a category specifically excepted in the ordinance for a grant of a special permit. Family apartments are allowed in this residential zoning district as a conditional use. 7. 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. 8. The applicant understands the provisions of Section 3-1.1(3)(D) of the Zoning Ordinance and is in compliance. 9. The main house contains five or six(5 or 6) bedrooms and the family apartment will contain one additional bedroom. Decision: Based upon the findings a motion was duly made and seconded to grant the applicant the relief being sought with the following terms and conditions: 1. The family apartment shall be developed in accordance with the plan submitted, a copy of which is in the files. 2. The family apartment shall comply with all restrictions of Section 3-1.1(3)(D)and shall be the primary year-round residence of the family member(s) residing therein. 3. The locus shall comply with all Town of Barnstable Building and Health Division Regulations. 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-63-Kyle Special Permit-Section 3-1.1(3)(D)-Family Apartment 4. Prior to the issuance of an occupancy permit for the family apartment, approval must be granted by the Board of Health for the septic system. This is in view of the number of bedrooms that exist in the house. The site is located in a GP Groundwater Protection Overlay District. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Elizabeth Nilsson, Tom DeRiemer, and Acting Chairman Ron Jansson NAY: None Order: Appeal Number 1998-63 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL 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 Town Clerk. , 1998 Ron S. Jansson, Acting Chairman 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 has been filed in the office of the Town Clerk. Signed and sealed this day of 1998 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 3 THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) m A I DATA BAH[t� 2 JEWrn S t� ---�-� •ssrTf No Insurance Eb Mall sos�. �0�' Department of Health Safe Do n Coverage MdedSeer�ve of use for Intemation Safety and Environ ail reverse EDN1�`� Building Division Street&Num r 367 Main Street,Hyannis MA 026011 Pos ors �2. State,&ZIP code .i ffice: 508-790-6227 508-790-6230 Postage Certified Fee Special Delivery Fee m Restricted Delivery Fee June 20, 1997 rn Return Receipt Showing to ! H+hom&Date Delivered ¢a Rehm Receipt Slro"to Date,&Addresses's Addre Whom, O Go TOTAL Postage&Fees —7 Robert Ingraham € Postmark or Date $ / ! t 175 Woodside Road t° t West Barnstable,MA 02668 a RE: (M-127 P-030.T00) Dear Property Owner: Our records indicate that your house at, 175 Woodside Road, West Barnstable,MA,is currently being used as a two-family home contrary to Barnstable Zoning Ordinances. You must contact this office as soon as possible to either: 1) apply for a building permit to restore the property to a single family home. 2) apply to the Zoning Board of Appeals for a variance 3) prove that these are legal two-family. You must contact this office immediately to tell us what direction you wish to take. Sincerely, Gloria M.Urenas ! o SENDER: I Zoning Enforcement Officer ! � •complete items 1 and/or 2 for additional services. I also wish to receive the m ■complete items 3,4a,and 4b. following services(for an a GMU:Ib ! O a Print yoroAame and address on the reverse of this form so that we can return this extra fee): s card to u ! > ■Attach this forth to the front of the maiipieoe,or on the back if space does not 1, ❑ Addressee's Add ' o ■Wrfttet e'Retum Receipt Requested'on the rmailpiece below the article number. 2. ❑ Restricted Delivi c ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaste or 1 3.Article Addressed to: 4a.Article Number 7 CERTIFIED MAIL-339 592 3 �� 1 E //-- 11 "�T' 4b.Service Type u / 7S W U - ❑ Registered ❑ r I, f970311a ; ) ,f � -� ❑ Express Mail If ❑ Retum Receipt for Merchandise Q 7.Date of Daliv ! 5.Rec ' e BT(P e) 8.Addressee's Address and fee is paid) nII �nl ww - g 6.Signatur r ee, I iw X � — PS,Fdr'M'-M1, Decern6er 1994 Domestic Return Receipt a T_:1�R °Erne . . °: The Town of Barnstable ELAMSTMM .`eg Department of Health Safety and Environmental Services AlF&639. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner CASE SUMMARY :. ........ > :: P 127 ZONIN "DISTRICT:>:<:> RF::>: `:`` ::>: ASSESSO MA. ...::::::.:::.::.....:.::::.:..:................ .... E SORS PARCEL# :03:0`.=T00'»>.'» > [> > € ............ 312:7/98......::::.:: :>;.:»:>:::>:>::>:<:> . :.,:':;:::.`ASS S DATE.:::;:::>:>>::;:>:>>::»::>:::<:::>::::>:::.::::.::....:..:..:..:...................:.................................:...............................:...::..:.:...:.:.........:...:;:.........:..:.....:::..:::::::::::::: PROPERTY ADDRESS: 175 Woodside Road West Barnstable,Mass. OWNER(S) OF RECORD: Robert Ingraham ALLOWED USE: Single-family Residence CURRENT USE VIOLATION: Two residential units HISTORY • Property has been sold. • New owner has scheduled a Hearing with the Barnstable Zoning Board of Appeals for family apartment for May 13, 1998. • New Owner: Deirdre Kyle • Mrs. Cronin, Mother for family apartment. cs127.030 i 1 ------ - �/���� � - � I � a� � � �� � �� � USAC . 0.84AE. . � 4 #62 3 #49� 034K # 154 a19a� i r . 5 k , 0. - --- - 0.24155 �. _ UAC, 8 Usk -- 1 =-�441 K L ;14 U1 r a2aK �o: , ,#10 15 24 0.12 942K 61 All #Tpr �- ; E STREET 023 K 0�6 AK 7338' , . � • _ INGRAM': MAP 228 PARCEL- 003 SCALE: 1"= 120' i Town of Barnstable Department of Health, Safety, and Environmental Services of ray, 1 �O' Cosumer Affairs Division � South Street, P.O. Box 2430 BAMSTasLF� ' Hyannis, MA 02601 Tel: 508-790-6250 Mass �1DrFo�ta►`0 Fax: 508-778-2412 Jack Gillis Supervisor TO: Barnstable First District Court Attn- Shelly Nunes, Office Assistant Fax: 362-0213 FROM: Jack Gillis, Division Supervisor SUBJECT: Withdraw Application for Crimi a Complaint DATE: - Apri13, 1998 Please be advised that Mr. Robert Ingraham is scheduled for court appearance on April 9, 1998 at 2:00 PM for Miscellaneous Munic Ordinance/Bylaw Violation. . Mr. Ingraham has sold the property in question (175 Woodside Road, West Barnstable, MA). The new property owner is Deidre Kile. Ms. Kile is aware that the property is in violation and needs to be converted. She has filed with the Zoning Board of Appeals and a hearing has been scheduled for May 13, 1998. I have spoken to Attorney Michael B. Stusse and he has notified Mr.Ingraham of this request. I am asking that you please withdraw the Robert Ingraham Application for Criminal Complaint. Thank you. JG:Ifl cc: Gloria Urenas,Building Inspector j/court/ingraham.doc u..} ZRI� Town of Barnstable Department of Health, Safety, and Environmental Services 230 South Street, P.O. Box 2430 Hyannis, MA 02601 Tel: 508-790-6250 Fax: 508-778-2412 M i BMWSI'ABM v M Thomas F. Geller, Director RFD MA'S a PLEASE FORWARD THE FOLLOWING PAGE(S) TO THE FOLLOWING PERSON(S) TO: Barnstable First District Court Attn: Shelley Nunes RECEIVER'S FAX#: 362-0213 FROM: Jack Gillis, Consumer Affairs Division Hyannis, MA DATE: 4/3/98 PAGE(S): 1 Excluding cover sheet COMMENTS: Request to withdraw Ingraham Application for Criminal Complaint. - 734 REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS. THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS, is made this day of , 200_, by and between of of MA, and its successors and assigns (hereinafter the "Owner"), of , and the TOWN OF (the "Municipality"), a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to construct/permit the creation of apartment units in a multiple-family dwelling, each of which units will be rented to a Low or Moderate Income Person/ Family (hereinafter"Designated Affordable Unit"); and NOW THEREFORE, in mutual consideration of the agreements and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. PROJECT SCOPE AND DESIGN: A. The terms of this Agreement and Covenant regulate the property located at , as further described in Exhibit "A" hereto annexed. B. The Project located at , will consist of a total of apartment unit(s), of which will be rented to an eligible low or moderate income individual(s) or family(ies) (the "Designated Affordable Unit(s)" or the "Unit). C. The Owner agrees to construct the Project in accordance with the terms of the comprehensive permit, Appeal No. and any plans submitted therewith and all applicable state, federal and municipal laws and regulations. (A copy of the comprehensive permit is annexed hereto as Exhibit "B"). . II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS, COVENANTS AND WARRANTS AS FOLLOWS: 2000-0157multires I In receiving the comprehensive permit to create the Designated Affordable unit(s), the Owner agreed that the Designated Affordable Unit(s) shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons of low or moderate income (herein defined as 80% or less of the median income of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that the Designated Affordable Unit(s) shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit(s) shall be rented in perpetuity to a household with a maximum income of 80% of Area Median Income or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that rent (including utilities) shall not exceed the rents established by the Department of Housing and Urban Development (HUD) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authority shall be deducted from HUD's rent level. 3. The Designated Affordable Unit(s) will be retained as permanent, year round rental dwelling units with at least one-year leases. 4,. The Owner has the full legal right, power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or, as applicable, has not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note, or other instrument to which the Owner is a party or by which it or the Owner is bound, will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner, at the time of execution and delivery of this Agreement, has good, clear marketable title to the premises. 7. There is no action, suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or, to the knowledge of the Owner, threatened against or affecting it, or any of its properties or rights, which, if adversely determined, would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. 2 2000-157/multires B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting each Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that rent (including utilities) shall not exceed the rents established by the Department of Housing and Urban Development (HUD) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authority shall be deducted from HUD's rent level. 2. The Owner shall deliver to the Municipality and to the Monitoring Agent, as designated by the Town Manager, on or before January 1st of each year, proof that the Designated Affordable Unit or Units are rented , the tenant's income verification, a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent, as designated by the Town Manager, within thirty (30) days of the date that a tenant has vacated the Designated Affordable Unit. IV. MUNICIPALITY COVENANTS AND RESPONSIBILITIES: 1. The MUNICAPILITY, through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that rent (including utilities) shall not exceed the rents established by the Department of Housing and Urban Development (HUD) for a household whose income is 80% of the Median Area Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authority shall be deducted from HUD's rent level. 3 2000-157/multires V. RECORDING OF AGREEMENT: Upon execution, the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or, if the Project consists in whole or in part of registered land, file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the "Registry of Deeds"), and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling, as applicable, the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument, book and page or registration number of the Agreement. VI GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part or provision of this Agreement shall not affect the validity of the remaining portions hereof. Vill. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate by written notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless Municipality and/or its delegate from any and all actions or inactions by the Owner, its agents, servants or employees which result in claims made against Municipality and/or its delegate, including but not limited to awards, judgments, out-of-pocket expenses and attorney's fees necessitated by such actions. X. ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing, executed by the parties, and appended to this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose 4 2000-157/multires of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by Owner to run in favor of and be held by the Municipality as an other permanent restriction held by a governmental body as that term is used in MGLC 184, Section 26 which shall run with the land described in Exhibit "A" hereto annexed and shall be binding upon the Owner and all successors in title . This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in Exhibit "A". XI. TERM OF AGREEMENT: 1. The term of this Agreement shall be perpetual, provided that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit upon expiration of the lease terms entered into between the Owner and Tenant occupying said unit. The Owner of said dwelling shall notify the Zoning Board of Appeals of his/her desire to cancel the Comprehensive Permit upon a date certain thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit, the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. XII. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend, declare, and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. (Exhibit "B"). B. The Owner intends, declares, and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land, encumbering the Project for the term of this Agreement, and are binding upon the Owner's successors in title, (ii) are not merely personal covenants of the Owner, and (iii) shall bind the Owner, its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for.the term of the Agreement. XIII. DEFAULT: If any default, violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty (30) days after 5 2000-157/multires notice to the Owner thereof, then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses, including legal fees, incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such a lien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XIV. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed a consent to this Agreement. IN WITNESS WHEREOF, we hereunto set our hands and seals this _ day of , 200_ TOWN OF BARNSTABLE BY: THE OWNER BY: 6 2000-157/multires N REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS, is made this day of , 200_, by and between of of MA, and its successors and assigns (hereinafter the "Owner"), of and the TOWN OF (the "Municipality"), a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to construct/permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/ Family (hereinafter"Designated Affordable Unit"; and NOW THEREFORE, in mutual consideration of the agreements and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. PROJECT SCOPE AND DESIGN: A. The-Project located at , will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family (the "Designated Affordable Unit" or the "Unit"). B. The Owner agrees to construct the Project in accordance with the terms of the comprehensive permit, Appeal No. and any plans submitted therewith and all applicable state, federal and municipal laws and regulations. C. The Owner agrees to construct the Project in accordance with the terms of the comprehensive permit, Appeal No. and any plans submitted therewith and all applicable state, federal and municipal laws and regulations. (A copy of the comprehensive permit is annexed hereto as Exhibit "B"). II. THE OWNER'S COVENANTS AND RESPONSIBILITIES A. THE OWNER HEREBY REPRESENTS, COVENANTS AND WARRANTS AS FOLLOWS: 2000-0157/arestric 1 In receiving the comprehensive permit to create the Designated Affordable unit, the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons of low income (herein defined as 80% or less of the median income of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that the Designated Affordable Unit shall be.deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of Area Median Income or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that rent (including utilities) shall not exceed the rents established by the Department of Housing and Urban Development (HUD) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authority shall be deducted from HUD's rent level. 3. The Designated Affordable Unit will be retained as permanent, year round rental dwelling units with at least one-year leases. 4. The Owner has the full legal right, power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or, as applicable, has not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note, or other instrument to which the Owner is a party or by which it or the Owner is bound, will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner, at the time of execution and delivery of this Agreement, has good, clear marketable title to the premises. 7. There is no action, suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or, to the knowledge of the Owner, threatened against or affecting it, or any of its properties or rights, which, if adversely determined, would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. 2 2000-157/arestric B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that rent (including utilities) shall not exceed the rents established by the Department of Housing and Urban Development (HUD) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authority shall be deducted from HUD's rent level. 2. The Owner shall deliver to the Municipality and to the Monitoring Agent, as designated by the Town Manager, on or before January 1 st of each year, proof that the Designated Affordable Unit is rented, the tenant's income verification, a copy of the lease agreement and the rent charged for the unit or units. Such,information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent, as designated by the Town Manager, within thirty (30) days of the date that a tenant has vacated the Designated Affordable Unit. IV. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICAPILITY, through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that rent (including utilities) shall not exceed the rents established by the Department of Housing and Urban Development (HUD) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authority shall be deducted from HUD's rent level. 3 2000-157/arestric V. RECORDING OF AGREEMENT: Upon execution, the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or, if the Project consists in whole or in part of registered land, file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the "Registry of Deeds"), and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling, as applicable, the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument, book and page or registration number of the Agreement. VI GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate by written notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless Municipality and/or its delegate from any and all actions or inactions by the Owner, its agents, servants or employees which result in claims made against Municipality and/or its delegate, including but not limited to awards, judgments, out-of-pocket expenses and attorney's fees necessitated by such actions. X. ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing, executed by the parties, and appended to this document. B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose 2000-157/arestric 4 V of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in favor of and be held by the Municipality as an other permanent restriction held by a governmental body as that term is used in MGLC 184, Section 26 which shall run with the land described in Exhibit "A" hereto annexed and shall be binding upon the Owner and all successors in title . This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in Exhibit "A". XI. TERM OF AGREEMENT 1. The term of this Agreement shall be perpetual, provided that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit upon expiration of the lease terms entered into between the Owner and Tenant occupying said unit. The Owner of said dwelling shall notify the Zoning Board of Appeals of his/her desire to cancel the Comprehensive Permit upon a date certain thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit, the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. XII. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend, declare, and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends, declares, and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land, encumbering the Project for the term of this Agreement, and are binding upon the Owner's successors in title, (ii) are not merely personal covenants of the Owner, and (iii) shall bind the Owner, its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. XIII. DEFAULT: If any default, violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty (30) days after 2000-157/arestric 5 . ti notice to the Owner thereof, then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses, including legal fees, incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such a lien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XIV. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed a consent to this Agreement. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of , 200_. TOWN OF BARNSTABLE BY: THE OWNER BY: 6 2000-157/arestric - - - l ��z r. - i v i 1 o� r Town of Barnstable Office of Community + iARNbTABLE, i �. and Economic Development �iOrF1 59►'tA 367 Main Street,Hyannis,Massachusetts 02601 (508)862-4683 or(508)862-4695 Fax(508)862-4725 M E M O TO: Ruth FROM:Paulette DATE: 02/08/01 RE: Potential HAP Applicant Dear Ruth, Attached is a letter in response to the generic one I sent out on January 26th(also attached). The potential applicant(Ms. Kyle's) question is surrounding.the deed restriction, (see paragraph 2 of her letter). Based on our conversation the other day, I believe we could accommodate her request based on the context in which she presents it. My question to you is as follows. Because Ms. Kyle is asking for something in writing, from where should the response be generated? Also, how should such a response be worded? Thanks, PTMcA r w I DEIRDRE CRONIN KYLE , 175 WOODSIDE ROAD WEST BARNSTABLE,MA 02668 January 31, 2001 VIA FIRST-CLASS MAIL Paulette Theresa McAuliffe HAP Representative Town of Barnstable Office of Community and Economic Development 367 Main Street Hyannis, MA 02601 Dear Ms. McAuliffe: Thank you for your letter dated January 26, 2001 with regard to the Housing Amnesty Program. Please be advised that I have not at all reached a decision to participate in the Program. I called Mr. O'Shea (whom I presume.gave you my name) to request some preliminary information, most.of which he provided me. However, I never did receive an answer to my main question, which is as follows: If you participate in the HAP, and thus have a deed restriction recorded against your title, is it possible at a later date to have the Town discharge the deed restriction, thereby reinstating the special permit for the family apartment use? Mr. O'Shea thought the answer was yes, but upon my further questioning, he indicated he would discuss the question with Town Counsel (I believe) and get back to me. My family apartment is currently vacant, and I have considered participating in the HAP in order to help someone out in this time of need during the housing crunch, as well as to earn some rent. However, the reason I purchased-this-home with the.family apartment is for-my mother to come live in it after my father passes_away,, When I purchased the home in March of 1998, my father was in the hospital, with little hope of surviving the next few days. My mother is handicapped and cannot live alone, thus it was her intent to sell their home immediately after his death, and move in with me. Amazingly enough, my father has survived, although remains critically ill, and has been in and out of hospitals and nursing homes over the past three years. My mother's plan remains the . same, and I therefore, need to keep active my family apartment permit. � F Paulette Theresa McAuliffe January 31, 2001 Page Two I may be willing, however, to participate in the program for a one-year lease, and review the status on a year-to-year basis, if it was guaranteed that the Town would discharge the HAP deed restriction (or somehow reinstate the special permit). It would take a while after my father's death for my mother to sell the house and settle my father's affairs, so this plan is acceptable to her. Would you kindly provide an answer to my question in writing, and I will then advise you as to whether or not I have chosen to participate. Thank you for your attention to this matter. iirre 4 s Kyle i o� r Town of Barnstable Office of Community i639. and Economic Development �0 ' 'OtFp •tA 367 Main Street,Hyannis,Massachusetts 02601 (508)862-4683 or(508)862-4695 Fax(508)862-4725 January 26, 2001 Deirdre Cronin Kyle P.O. Box 160 West Barnstable, MA 02668 Dear Ms. Kyle: ` Thank you for your interest in participating in the Housing Amnesty Program(HAP) in the Town of Barnstable. We are currently designing the application process. Once the final draft has been completed on the application, we will send it to you. We will also call to schedule an interview with you so we can help walk you through the process. Should you have any questions in the meantime regarding the Housing Amnesty Program, please do not hesitate to give me a call. I can be reached during the day at(508) 862-4683. We are looking forward to the possibility of working with you in the program. Sincerely, Paulette Theresa McAuliffe, HAP Representative Y 7 7/v KATE MITCHELL & ASSOCIATES Attorneys at Law Bridge Creek Professional Building .,� 1170 Rt. 6A, P.O. Box 160 West Barnstable,MA 02668 (508)362-1369(Telephone) (508)362-1368(Facsimile) KATE MITCHELL Nantucket Office: LINDA L.DOLL 3 Freedom Sq.,The Commons Nantucket, MA 02554 (508) 228-0207 (Telephone) VIA FIRST CLASS MAIL July 20, 2000 Gloria Uranus Building Department 367 Main Street Hyannis, MA 02601 -- -RE: 175_Woodside:Road, West-Barnstable__ Dear.Gloria: Enclosed please .find an Affidavit dated June 12, 2000 from Deirdre C. Kyle, the owner of the above-referencedproperty in which she affirms that there is no one living in her home other than her immediate family, i.e. herself,her husband and their three children. Please note that a copy of the original affidavit dated Jun'21, 1999 and filed with your office is also enclosed. As I believe my paralegal informed you, I have discussed this matter with Ralph Crossen. He informed me that he would accept an affidavit from Mrs. Kyle affirming the residents of the home. I apologize for taking so long in getting this to you. I am just back from vacation, and discovered I had forgotten to forward this to you before I left the office. The delay is all mine. Thank you. Sincerely, Kate 1Vlitchell Cc: Deirdre Cronin Kyle Please mail correspondence to West Barnstable address AFFIDAVIT I, Deirdre Cronin Kyle, being duly sworn, state the following: 1) In connection with an"anonymous" complaint against me to the Town of Barnstable Building Department, I executed the attached Affidavit on June 21, 1999, which Affidavit was mailed to the Building Department by my attorney on June 22, 1999. 2) I have recently been informed that there have been further"anonymous"calls made to the Building Department,re-alleging that I have a tenant living in the family apartment located in my residence at 175 Woodside Road, West Barnstable. 3) The purpose of this affidavit is to reaffirm the facts set forth in the attached affidavit. All of the facts contained in my affidavit dated June 21, 1999 (with the exception of Paragraph 1 thereof), remain true and accurate as of today's date. 4) The only revision to said Paragraph 1 of the attached affidavit is that in addition to my husband and (now two and one-half year old) daughter,my 14- year old step-son,Robert S. Kyle, currently resides at my home. We are also expecting a new baby(scheduled to be de ' ed on June 14, 2000); thus the number of inhabitants will have chang fro three to five. Signed under the pains and penalties of perjury is 12t' day of J , 2000. Deirdre Cronin Kyle COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. June 12,•2000 Then personally appeared the above-named Deirdre Cronin Kyle and acknowledged the foregoing instrument to be her free act and deed, before me, Kate Mitche 1—Notary ublic My Commission Expir s: 3/02/01 i AFFIDAVIT I, Deirdre Cronin Kyle,being duly sworn, state the following: l) 1 currently own the property located at 175 Woodside Road, West Barnstable (and Marstons Mills), Massachusetts. I reside there with my husband and one and one- half year old daughter. 2) In February of 1998, my husband and I made a decision to purchase a home on the Cape,closer to my husband's job. 3) We were referred to a real estate broker,Tina Carey of Realty Executives in Hyannis. Being unfamiliar with the Cape, I relied on Tina's judgment and professionalism in making a decision. 4) In my first*conversation with Tina Carey, I informed her that I was only interested in looking at homes with a family apartment. 5). My mother, Cynthia Ann Cronin, is handicapped (left side paralyzed as result of cerebral hemorhage in 1967 during childbirth). She does amazingly well despite her handicap, but often falls, and requires assistance in various chores. My father has always been there to take care of her. My mother is not able to live alone. 6) In April 1996, my father,John Francis Cronin, Jr., suffered a massive heart attack, and underwent emergency triple by-pass surgery. The surgery did not go well, resulting in serious complications, including, but not limited to, a preforated intestine, resulting in a semi-permanent colostomy, extended hospital stay and subsequent rehabilitation hospital stay. We were advised by his doctors, based on the severity of his illness, that my father would not live much longer. 7) My husband and I agreed that once my father passed away, we could not let my mother move to an assisted living or nursing home. 8) For the reasons set forth above, when we decided to purchase a new home, we looked only at houses with family apartments. Tina Carey showed us over 20 houses on the Cape, all with family apartments (or potential therefore). The houses my husband and I liked, my mother came to see. When we saw the house on Woodside Road;we all agreed that it would be perfect for our growing family. 9) We immediately made an offer and entered into a Purchase and Sale Agreement with Robert Ingraham to purchase his then home at 175 Woodside Road,West Barnstable (and Marstons Mills). \10) A few days after entering into the P&S,Tina Carey called to inform me that Mr. Ingraham's attorney suggested we apply to the Town of Barnstable to legalize the 1 family apartment. That was the very first I ever heard about the family apartment zoning ordinance. I was told that it was no.big deal,I just had to sign an affidavit, and appear before the ZBA. 11) I purchased the property at 175 Woodside Road on March 27, 1998. 12) Shortly after that, I appeared before the ZBA requesting the apartment be designated a family apartment for occupancy for my mother. I informed the Board of my father's health and that once he passed away, the plan was for my mother to move into the apartment on a permanent, full-time basis. 13) At the present time, my father is still alive, although gravely ill, in and out of congestive heart failure, and for the most part confined to a hospital bed on the first floor of their home in Scituate. My sister has moved in with my parents for the time being. 14) When Gloria Uranus from the Building Department called to tell me there had. been a complaint made against me, I did not fully understand or remember that my mother had to be residing in the family apartment full-time to meet the requirements of the Barnstable zoning ordinance. 15) Upon reviewing the ordinance and options available to us, we considered removing the kitchen in order to comply with the ordinance until such time as my mother moves in on a full-time basis. However, the cost to remove and re-install the kitchen is prohibitive and would result in financial hardship at this time. Furthermore,my mother uses the apartment regularly, although she is not yet living with us full-time. 16) My mother intends to become a Barnstable resident, and move in full-time as soon as she is able. At present she cannot move in full-time as my father remains alive and at home in Scituate. It is untenable for them both to live with us, and my mother will not leave him. Because of what we believe to be a temporary situation, my mother occupies the family apartment only some of the time. 17) We presently hope to preserve the family apartment•and respectfully request the Building Department's cooperation in this regard. I would be happy to re-appear in front of the Board in order to clarify the situation, if necessary, and/or to provide any further information requested. Signed under the pains and penalties of pe ury t is 21 st day o June, 199 . Deirdre Cronin Kyle COMMONWEALTH:OF MASSACHSUETTS BARNSTABLE, ss. June.4, 1999 Then personally appeared the above-named Deirdre Cronin Kyle and ack owledged the foregoing instrument to be her free act and deed, before me, Kate Mitche 1 —Notary ublic My Commission Expir s: 3/02/01 Appeal No: 98-063 Ap eal Special Permit Status Not Family Apt { 5 Last _Fri st ,' pIle IlDelrdre C. M Woodside Rd . Yillag Barnstable MA 02668 � Rece Je u 1/30/2001 ' ap n �127030T00 on_irtg RF INS 7/29/03 T.Perry changed to"not family apt"status. See 6/12/00 affidavit family use only. 6� •t'.; n' '•cif -{ _ �\oFt ram,o Town of Barnstable ,PAJRt,,, Regulatory Services 'Es6390. Thomas F. Geiler,Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 May 5, 2003 Deirdre C. Kyle 175 Woodside Road West Barnstable,MA 02668 Re: Family Apartment (1998-063) Dear Ms. Kyle: We have received information that you have chosen to ithdraw from the Amnesty Program. This letter is to inform you that you must resto the property to single-family use or apply to the Zoning Board of Appeals for a variance. Please call Lois Barry, Division Assistant, at 508 862 4039 to discuss the necessary steps towards compliance with the Town of Barnstable Zoning Ordi ance. Sincerely, Tom Perry Building Commissioner Enclosure J030403a ��FTHE r Town of Barnstable BARNSTABLE, : Regulatory Services pTFD rMt a Thomas F. Geiler, Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 February 5, 2003 Deirdre C. Kyle 175 Woodside Road West Barnstable,MA 02668 Re : Family Apartment Dear Ms. Kyle \ Please complete the enclosed Family Apartment Af idavit and return it to the Building Commissioner's Office by April 22, 2003. You are required under Section 3-1.1(3)(D)(1) of the Town of Barnstable Zoning Ordinances to submit an affidavit annually indicating thestatus of the family apartment. Failure to submit the affidavit is a violation of your Special Permit and may result in your loss of the rights granted therein. If you have any questions, please call Lois Barry,Division Assistant, at 508-862-4039. Sincerely, Tom Perry Building Commissioner Enclosure jfamapt 0 0, AFFIDAVIT I, Deirdre Cronin Kyle, being duly sworn, state the following: 1) I currently own the property located at 175 Woodside Road, West Barnstable (and Marstons Mills), Massachusetts. I reside there with my husband and one and one- half year old daughter. 2) In February of 1998, my husband and I made a decision to purchase a home on the Cape, closer to my husband's job. 3) We were referred to a real estate broker, Tina Carey of Realty Executives in Hyannis. Being unfamiliar with the Cape, I relied on Tina's judgment and professionalism in making a decision. 4) In my first conversation with Tina Carey, I informed her that I was only interested in looking at homes with a family apartment. 5) My mother, Cynthia Ann Cronin, is handicapped (left side paralyzed as result of cerebral hemorhage in 1967 during childbirth). She does amazingly well despite her handicap, but often falls, and requires assistance in various chores. My father has always been there to take care of her. My mother is not able to live alone. 6) In April 1996, my father, John Francis Cronin, Jr., suffered a massive heart attack, and underwent emergency triple by-pass surgery. The surgery did not go.well, resulting in serious complications, including, but not limited to, a preforated intestine, resulting in a semi-permanent colostomy, extended hospital stay and subsequent rehabilitation hospital stay: We were advised by his doctors, based on the severity of his illness, that my father would not live much longer. 7) My husband and I agreed that once my father passed away, we could not let my mother move to an assisted living or nursing home. 8) For the reasons set forth above, when we decided to purchase a new home, we looked only at houses with family apartments. Tina Carey showed us over 20 houses on the Cape, all with family apartments (or potential therefore). The houses my husband and I liked, my mother came to see. When we saw the house on Woodside Road, we all agreed that it would-be perfect for our growing family. 9) We immediately made an offer and entered into a Purchase and Sale Agreement with Robert Ingraham to purchase his then home at 175 Woodside Road, West Barnstable (and Marstons Mills). 10) A few days after enteringinto the P&S, Tina Care called to inform me that Mr. Y Ingraham's attorney suggested we apply to the Town of Barnstable to legalize the family apartment. That was the very first I ever heard about the family apartment zoning ordinance. I was told that it was no big deal, I just had to sign an affidavit, and appear before the ZBA. 11) I purchased the property at 175 Woodside Road on March 27, 1998. 12) Shortly after that, I appeared before the ZBA requesting the apartment be designated a family apartment for occupancy for my mother. I informed the Board of my father's health and that once he passed away, the plan was for my mother to move into the apartment on a permanent, full-time basis. 13) At the present time, my father is still alive, although gravely ill, in and out of congestive heart failure, and for the most part confined to a hospital bed on the first floor of their home in Scituate. My sister has moved in with my parents for the time being. 14) When Gloria Uranus from the Building Department called to tell me there had been a complaint made against me, I did not fully understand or remember that my mother had to be residing in the family apartment full-time to meet the requirements of the Barnstable zoning ordinance. 15) Upon reviewing the ordinance and options available to us, we considered removing the kitchen in order to comply with the ordinance until such time as my mother moves in on a full-time basis. However, the cost to remove and re-install the kitchen is prohibitive and would result in financial hardship at this time. Furthermore, my mother uses the apartment regularly, although she is not yet living with us full-time. 16) My mother intends to become a Barnstable resident, and move in full-time as soon as she is able. At present she cannot move in full-time as my father remains alive and at home in Scituate. It is untenable for them both to live with us, and my mother will not leave him. Because of what we believe to be a temporary situation, my mother occupies the family apartment only some of the time. 17) We presently hope to preserve the family apartment and respectfully request the Building Department's cooperation in this regard. I would be happy to re-appear . in front of the Board in order to clarify the situation, if necessary, and/or to provide any further information requested. i • Signed under the pains and penalties of pe ury t is 21st day o June, 199 . Deirdre Cronin Kyle COMMONWEALTH OF MASSACHSUETTS BARNSTABLE, ss. June , 1999 Then personally.appeared the above-named Deirdre Cronin Kyle and ack owledged the foregoing instrument to be her free act and deed, before me, Kate Mitch 1—Notary blic My Commission Expir s: 3/02/01 Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1998-63 -Kyle Special Permit Pursuant to Section 3-1.1(3)(D) -Family Apartment Summary: Granted with Conditions Petitioner: Deirdre Cronin Kyle Property Address: 175 Woodside Road,West Barnstable Assessoes Map/Parcel: Map 127, Parcel 030300 Area: 1.04 acres Building Area: 3,120 sq.ft. Groundwater Overlay: GP Groundwater Protection District The applicant is requesting a special permit for a family apartment pursuant to Section 3-1.1(3)(D)of the Zoning Ordinance. Family apartments are allowed in RF Residential F Zoning Districts as a conditional use, provid*ed a special permit is first obtained from the Zoning Board of Appeals. The property consists of a 1.04 acre lot and is addressed as 175 Woodside Road,West Barnstable. The property is improved with a 3,120'sq. ft. one-story single-family residence. The applicant is proposing a 576 sq. ft. family apartment over the existing attached garage. The floor plan submitted shows en apartment unit ofapproximately 570 sq. fL. consisting ofabathroom, hitchen'dining/living room, and one bedroom. Apparently, the apartment unit already exists. The applicant is only proposing some cosmetic work to the interior(i.e. paint, wallpaper, re-carpet, etc.). No exterior work or remodeling is being proposed. The family apartment is to be occupied by Cynthia Ann Cronin, mother of Deirdre Cronin Kyle. Procedural Summary: This appeal was filed at the Town Clerk's Office and ot the Office ofthe Zoning Board of Appeals on March 2O. 1888. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with K4GL Chapter 4O/\. The hearing was opened May 13. 1SS8. at which time the Board granted the request with conditions. Hearing Summary: Board Members hearing this appeal were Gail Nightingale, Richard Boy, Elizabeth Nilsson, Tom OmRiemner. and Acting Chairman Ron Jansson. Deirdre Cronin Kyle represented herself before the Board. � ' Ms. Kyle reported that she bought the property on March 27, 1998 with the intention of having her mother live )n the family apartment. Currently, there are 5 (or 8\ bedrooms in the main house and one bedroom in the (already existing) apartment. The applicant uses one of the rooms in the lower level oaanoffice. They do not consider ito bedroom because the room has nocloset. . r Town of Barnstable-Zoning Board of Appals-Decision and Notice Appeal Number 1998-63-Kyle Special Permit-Section 3-1.1(3)(D)-Family Apartment Ms. Kyle stated she understands, and is in compliance with, all the regulations of the Zoning Ordinance for a family apartment. This will be her permanent year-round residence. Her mother is in the process of selling her house, and then she will live in the family apartment on a year round basis. Regarding the septic system, Ms. Kyle presented a certificate from a septic inspection based upon six bedrooms. Five in the main house and one in the family apartment. Gloria Urenas told the Board that the Town was in the process of taking the previous owner to court about this apartment when the property was sold. Ms. Kyle bought the property and immediately came to the Town to legalize the family apartment. The Building Department is satisfied. The Board was concerned with the number of bedrooms in the house(5 or 6) plus the one in the family apartment. They requested Ms. Kyle speak to the Board of Health as to the number of bedrooms the septic system is designed to handle. The Board told Ms. Kyle the Special Permit would be conditional upon approval from the Board of Health and she stated she understood. Public Comment: No one spoke in favor or in opposition to this appeal. Findings of Fact: At the Hearing of May 13, 1998, the Board unanimously found the following findings of fact as related to Appeal No. 1998-63: 1. The petitioner is Deirdre Cronin Kyle. 2. The property addressed is 175 Woodside Road, West Barnstable, MA as shown on Assessor's Map 127, Parcel 030300. The area is 1.04 acres. 3. The applicant is requesting a special permit for a family apartment pursuant to Section 3-1.1(3)(D)of the Zoning Ordinance. 4. The property is improved with a 3,120 sq. ft. one-story single-family residence. The floor plan submitted shows an apartment unit of approximately 576 sq. ft., consisting of a bathroom, kitchen, dining/living room, and one bedroom. The family apartment contains not more than fifty percent(50%) of the square footage of the existing residential structure and is in compliance with the Zoning Ordinance. 5. The family apartment is to be occupied by Cynthia Ann Cronin, mother of Deirdre Cronin Kyle. 6. The application falls within a category specifically excepted in the ordinance for a grant of a special permit. Family apartments are allowed in this residential zoning district as a conditional use. 7. 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. 8. The applicant understands the provisions of Section 3-1.1(3)(D)of the Zoning Ordinance and is in compliance. 9. The main house contains five or six (5 or 6) bedrooms and the family apartment will contain one additional bedroom. Decision: Based upon the findings a motion was duly made and seconded to grant the applicant the relief being sought with the following terms and conditions: 1. The family apartment shall be developed in accordance with the plan submitted, a copy of which is in the files. 2. The family apartment shall comply with all restrictions of Section 3-1.1(3)(D)and shall be the primary year-round residence of the family member(s) residing therein. 3. The locus shall comply with all Town of Barnstable Building and Health Division Regulations. 2 Town of Barnstable-Zoning Board of Appcals-Decision and Notice Appeal Number 1998-63-Kyle Special Permit-Section 3-1.1(3)(D)-Family Apartment 4. Prior to the issuance of an occupancy permit for the family apartment, approval must be granted by the Board of Health for the septic system. This is in view of the number of bedrooms that exist in the house. The site is located in a GP Groundwater Protection Overlay District. The Vote was as follows: AYE: Gail Nightingale, Richard Boy, Elizabeth Nilsson,Tom DeRiemer, and Acting Chairman Ron Jansson NAY: None Order: Appeal Number 1998-63 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL 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 Town Cledr, Q 1998 Ron S.'kpsson, ting Chairman 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 has been filed in the office of the Town Clerk. Signed and sealed this day of 199 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 3 n Town of Barnstable Planning Department Staff Report Appeal Number 1998-63-Kyle Special Permit Pursuant to Section 3-1.1(3)(D)-Family Apartment Date: April 22, 1998 To: Zoning Board of ppeals From: Approved By: Robert 0. Sc ernig, Director Reviewed By: Art Traczyk, Principal Planner Drafted By: Alan Twarog,Associate Planner Petitioner: Deirdre Cronin Kyle Property Address: 175 Woodside Road,West Barnstable Assessors Map/Parcel: Map 127,Parcel 030300 Area: 1.04 acres Building Area: 3,120 sq.ft. Zoning: RF Residential F Zoning District Groundwater Overlay: GP Groundwater Protection District Filed:March 20,1998 Hearing:May 13, 1998 Decision Due:June 28, 1998 Standing: The applicant purchased the subject property in March of this year and has submitted a copy of the Purchase and Sale Agreement to show standing before the Board. Background: The applicant is requesting a special permit for a family apartment pursuant to Section 3-1.1(3)(D) of the Zoning Ordinance. Family apartments are allowed in RF Residential F Zoning Districts as a conditional use, provided a special permit is first obtained from the Zoning Board of Appeals. The property consists of a 1.04 acre lot and is addressed as 175 Woodside Road, West Barnstable. The property is improved with a 3,120 sq. ft. one-story single-family residence. The applicant is proposing a 576 sq. ft. family apartment over the existing attached garage. The floor plan submitted shows an apartment unit of approximately 576 sq. ft., consisting of a bathroom, kitchen, dining/living room, and one bedroom. Apparently, the apartment unit already exists. The applicant is only proposing some cosmetic work to the interior(i.e. paint,wallpaper, re-carpet, etc.). No exterior work or remodeling is being proposed. The family apartment is to be occupied by Cynthia Ann Cronin, mother of Deirdre Cronin Kyle. Special Permit Findings: In addition to meeting all of the provisions of Section 3-1.1(3)(D), the granting of a Special Permit requires the following finding of facts to be made by the Board (as required under Section 5-3.3(2)): • that the application falls within a category specifically excepted in the ordinance for a grant of a Special Permit, (Special Permit pursuant to Section 3-1.1(3)(D)-Family Apartment-is permitted in RF Residential F Zoning Districts provided all criteria are met), and, • 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. 1 • , t Town of Barnstable-Planning Department-Staff Report Appeal Number 1998-63-Kyle Section 3-1.1(3)(D)Special Permit-Family Apartment Staff Comments: From the materials submitted it appears: • The apartment unit will be under the 50% size limitation imposed. • All setbacks for the district have been met. • The unit has already been developed in a manner which retains the existing residential character of the dwelling and area. • Both the property owner and the occupant of the family apartment will be primary year round residents. • A plan of the apartment unit has been supplied to the file. The property is serviced by Town water and a private septic system. The applicant should be prepared to show the septic system has been inspected and that it meets Title V requirements. Suggested Conditions: If the Board should find to grant the relief requested, it may wish to consider the following conditions: 1. The family apartment shall be developed in accordance with the plan submitted, a copy of which is in the files. 2. The family apartment shall comply with all restrictions of Section 3-1.1 3(D)and shall be the primary year-round residence of the family member(s) residing therein. 3. The locus shall comply with all Town of Barnstable Building and Health Division Regulations. Attachments; Assessor's Map/Card Copies: Petitioners/Applicants Application Form Building Commissioner Floor Plan 2 WI QJ I�Q� TOWN OF- BARN STABLE • Zoning Board of Appeals Auulication for Family Auartaena `perait Date Received i1 ,'`r r � ��� ZQ P ice use a^Iv: Tcan Clerk office Ao_n`ea # a:31- (him Hearing Date o QN Decision Due f The undersigned hereby, a N Board of Appeals for a Spec4al cat ` Pe^:it for the development and maintaining of a FamilyAaartm. ent in with section 3-1.1(3) (D) of the Zoning ordinance, in the manner and for the reascna hereinafter set forth: z o A I Acplicant Name: �`� Phcne�z MIN w9Q Acplicant Address: 0 Q Prcperty Location: Proper ty owner: Phone _*Address of owner: g 0� D 31Zy�9� If applicsnt differs f=4 owner, state nature of irtarest; Nu=!:er of Years owned: - s 3/49l8 Assessors Hap/Parcel Nu%ber: Zc::ing District: RB [ ], RB-1 [ ] . RC [ J . RC-' [ J , RC-2 [ J , R.D [ � , RD-1 [ ] , RF [ ] , RF-t [ ] , R-r-2 [ ] , RG. .[ ] . RAH ] PR ( ] Groundwater Overlay District: AP .[ ] , GP WP [ ] • Names) and relationship of the family members to occupy the Pamily Apartment: Na.r,e I -- , Relationship to owners: Naze: Relationship to Owners: The Family Apar:r.ent is to be develaped: Within the existing single family structure. [ ] as an addition to the existing single family structure. [ ] in an existing accessory buil in . r`l other - Please Explain: e Application for Family Apartment Special Permit I ' Descr'nt:on of construction Activity: Proposed Grass Floor Area of the Family Apartment Unit: . . . . . . . . . . sc.: The Gross Floor Area of the Existing Single Family Dwelling Unit: sc.: Do all st=sctsres, existing and proposed, comply with all setback requirements for the Zoning District in which it is located? . . . . . . . Yes N; will this be the permanent address of the occupant(s) of the Fa.^:ily Apart.ent: . ... . ... .. . . .. . . ... .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . Yes)< NC If no, Please Explain: Is the property located in an Historic District? Yes( ] N� If yes ORH Use Only: No Exterior Changes. .. . . . . . . . . . Plan Review Number Date Approved Is the building a designated Historic Landmark? Yee(] Ny If yes Historic Deoartaent Use On?v: Date Approved Is the pranerty served by public water supply? Yes)( Nc Is the property on private septic? Yes NC If yes Health Department Use Onl : Title V System Yes( ] No Date Approved sicnat::rs: Date: Applicant or Agencis Signature Acent' s Address: Phone: PROPERTY ADDRESS STATE ZONING I DISTRICT CODE SP•DISTS.I DATE PRINTED I CLASS I PCS I NBHD EL IDENTIFICATION NUMBER KEYrNO. 0175 WOODSIDE ROAD 03 RF 300 03Co 07/09/95 1011 008?AC 121 p p Tp c LAND/OTHER FEATURES DESCRIPTION ADJUSTMENT FACTORS Lane By/Dale size Dwmeamon LOCJYR.SPEC.CLASS ADJ. COND. YP PRICE ADPRICENIT ACRES/UNITS VALUE De3cnpeon I NGR A HA M. R OB E R T $ 'M A p-„ CD. FFUNIT Oe 1hlAcres #LAN D 1 4 5 i 4 O O CARDS IN ACCOUNT - L 10 18LOG.SIT 1 X 1 =10 100 44999.9 44999.99 1.00 45OUJ #BLDG(S)-CARD-1 1 128,300 01 OF 01 A 11 1RESIDUAL 1 X =10 100 9000.E 9000.00 .04 400 #PL WOODSIDE RD MM DST 173700 N HDL LOT 34 ARKET 126700 D BATHS 3.0 U X C= 100 10500.E 10500.00 1.00 105100 d #RR 1876 0105 INCOME FIREPLACE U X C= 100 3100.E 3100.0E 1.00 310E .3 SE A EXT FiR£PL U X C= 100 1300.E 1300.00 2.00 2600 d APPRAISED VALUE p SMT GARAGE U X 2 C= 100 3100.0 4030.00 1.00 4000 d A 173.70E A T U PARCEL SUMMARY A S AND 45400 T ILDGS 128300 M -IMPS F E OTAL 173700 CNST A N DEED REFERENC Typo DATE Renv.ewe R I O R Y E A R V A L U E A T Book Page Ina'' MO. Yr.p Set-Prlu -AND 45400 T S 3999/2)4: 101/84 G 10000E LDGS 128300 u 1673/220: 00/00 rOTAL 173700 R E S BUILDING PERMIT Type ' LAND LAND-ADJ " INCOME SE SP-BLDS FEATURES BLD-ADJSI UNITS Numoel Dale Ampunl 4540E 1 20200 Censl. Total Be9e Ralo AC Rate Clas! Unn9 Uni19 I. A ear Beill Age Oepr, Cone, CND I Loc %R G I Repl G031 New Ad l RBPI Velue Slpnea H9igM Rppm3 Rme SMA. a Fla. Pa/ly.all Fe 01C 000 115 115 53.80 61.87 73 73 21 78 100 78 164513 123300 1.0 9 5 3.0 7.0 o-"ption Rate Square Feel Repl.Cos MKT.INDEX: 1-E 0 IMP.BY/DATE. / SCALE: ELEMENTS CODE CONSTRUCTION DETAIL S SAS 100 61 .87 2288 141559 GROSS AREA 2238 SINGLE FAMILY DWELLING CNST GP:00 T FWD 85 8.50 324 2754 STYLE 01 1AISED RANCH 5.0 R ESLGN ADJMT �2 ESIGN ADJUST 10.E U XTcR. IALLS iJl ODO FRAM£ 0.0 C EAT/AC TYPE JJ AS ---------------O.O T f NTYR.F.[NISH- -00 ------------------0.0 u NTeR.CAY60T -0t -------------------0.0 _ q NTYR.aUALfiY 02 AME AS EXTER. 0.0 A LOUR STRUCT JU 0.0 CboR COVER -00 ------------------0.0 E Tp1alA.ea9 U _ 324 Ba9e_ 2288 bOF-TYPY__ 36 b.0 T BUILDING DIMENSIONS LECTRICA _ L--- 00 A 0WafiiTI-ON- - -00 9�:9 L -----NEIGlf3DRH OD 8?AC-1lEST-BICRNSI"Ifl3 LAND TOTAL MARKET PARCEL 45400 173700 AREA 19293 VARIANCE ♦0 +800 STANDARD 25 perry Location: WOODSIDE RD MM MAP ID: 127/ 030/ T00// , Other ID: Bldg#: 1 Card 1 of 1 Print Date:03/03/1998 CONSTRUCTION DETAIL... ::SKETCH Element Cd. Ch. Description Commercial Data Elements e/Type 8 Raised Ranch Element Cd. Ch. Description lei 1 Residential eat&&AC 27 de JC rame Type aths/Plumbin g WDK � •ies Story 2 12 upancy 0 CeilingfWall ooms/Prtns :rior Wall 1 14 ood Shingle /o Common Wall 1 24 27 52 2 Wall Height f Structure 3 able/Hip No 'Di4i fCover 3 sph/FGIs/Cmp CONDO/C00.0PD.9TA 7 Element ode Pescription Factor , BAS rior Wall 1 5 Drywall Complex --%MW 4 2 Floor Adj BAS rior Floor 1 12 ardwood Unit Location �II/l19 0 BMT 0 2 umber of Units u P T3 00N1 ting Fuel 2 it 4umber of Levels Ling Type 5 iot Water /o Ownership BAN Type 1 4one 24 CQSTIMARKET VALUATION rooms 5 Bedrooms nadj.Base Rate 4.00 B� trooms Bathrooms ize Adj.Factor 0.95022 52 0 Full rade(Q)Index 1.08 dj.Base Rate 5.15 Rooms 1 1 Rooms Idg.Value New 124,027 r Type 2 Modern ear Built 1973 ff.year Built 1973 :hen Style 2 Modern rml physcl Dep 4 uncnl Obslnc con Obslnc pecl.Cond.Code a 110 Single Fam 100 pecl Cond% 0 Iverall%Cond. 6 eprec.Bldg Value 106,700 qB OUTBUILDING&& YARDITEMS(L)/XFBUILDINGEXTRAFEATURES(B) ode Description LIB Units Unit Price Yr. I Do Rt %Cnd I Apr. Value PLl Fireplace 1Sty B 1 3,000.0 73 1 100 2,30 PO Ext FP Opening B 2 800.0 73 1 100 1,20 ;AR Bsmt Garage B 1 5,000.0 73 1 100 3,80 LA Bsmt Living Ar B 1,560 35.0 1973 1 100 41,50 BUIL`DDVGSUBAREA:SUMIKAk:YSECTlON.. ode Description Living Area Gross Area E .Area Unit Cost Unde rec. Value ;AS First Floor MT Basement Area 0 BM Basement,Unfinished 0 MWOMMON don 'DK Wood Deck Ztk0 i STANDARD FORM From the Office of: PURCHASE AND SALE AGREEMENT Realty Executive$ f 15.82 Rte. 132 . Hyannis,- MA 02601. This day of March , 1998 1. PARTIES Robert S. Ingraham & Shirley Ingraham AND MAILING ADDRESSES hereinafter called the SELLER, agrees to SELL and fill in) Deirdre C. Kyle ( 81 Surfside Road, Scituate, MA' 02066 hereinafter called the BUYER or PURCHASER, agrees to BUY; upon the terms hereinafter set forth,. the following described premises: All the land and any improvements 2. DESCRIPTION thereon located at 175 Woodside Road;. West Barnstable, MA . 02668 and more accuratel described at the Barnstable (fill in and include Registry of Deeds Book 3 99 Page: 204. title reference) 3. BUILDINGS, Included in the sale as a part of said premises.are the buildings, structures, and improvements now STRUCTURES, thereon, and the fixtures belonging to the SELLER and used to connection therewith including, if IMPROVEMENTS, any, all wall-to-wall carpeting, drapery rods, .automatic garage door openers, venetian blinds, FIXTURES window shades, screens, screen doors, storm windows and doors, awnings, shutters, furnaces, heaters, heating equipment, stoves, ranges, oil and gas burners and_fixtures appurtenant thereto, (fill in or delete) hot water heaters, plumbing and bathroom fixtures, garbage disposers, electric and other lighting fixtures, mantels, outside television antennas, fences, gates, trees, shrubs, plants, and, ONLY IF BUILT IN, refrigerators, air conditioning equipment, ventilators, dishwashers, wastnrfg wrarlyines errd-dfpefe,-and to include 2. refigerators, 4. TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, (fill in) or to the nominee designated by the BUYER by written notice to the SELLER at least seven restnc- coney a good days before the deed is to be delivered as herein provided, and said deed shall reference any Include here specific and clear record and'marketable title thereto, free from encumbrances, except tions, easements, rights (a) Provisions of existing building and zoning laws; and obligations in party (b) Existing rights and obligations In party walls which are not the subject of written agreement walls not included in (b), (c) Such taxes for the then current year as are not due and payable on.the date of the delivery of leases, municipal and such deed; other liens, other encum (d) Any liens for municipal betterments assessed after the date of this agreement brances, and make pro- (e) Easements, restrictions and reservations of record, if any, so long as the same do not pro- vision to protect hibit or materially interfere with the current use of said premises; SELLER against BUYER's breach of SELLER's covenants in leases, where necessary. 5. PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the deed in form adequate for recording or registration. 6. REGISTERED In addition to the foregoing, if the title to said premises is registered, said deed shall be in form TITLE sufficient to entitle the BUYER to a Certificate of Title of said premises, and the SELLER shall deliver with said deed all instruments; if any, necessary to enable the BUYER to obtain such Certificate of Title. 7. PURCHASE PRICE The agreed purchase price for said premises is $220, 000 (fill in);space is Two hundred .and twenty thousand ----------------. dollars, of which allowed to write out the amounts $ 500.00 have been paid as a deposit this day and if desired $ 2, 000..00. 3/10/98 $ 217,500. 00 are to be paid at the time of delivery of the deed in cash, or by certified, cashier's, treasurer's or bank check(s). $ 220, 000.00 TOTAL COPYRIGHT©1979,1984,1986,1987,1988,1991 All rights reserved. This form may not be copied or reproduced in whole GREATER BOSTON REAL ESTATE BOARD or in part in any manner whatsoever without the prior express written 6��o usin Cv 1.0 consent of the Greater Boston Real Estate Board. 8. TIME FOR Such deed is to bedelivered at 3:00 o'clock P: M. on the 27. th day of PERFORMANCE; DELIVERY OF March , 1998 , at the Barnstable County_ 1 DEED (rill in) Registry of Deeds, unless otherwise agreed upon in writing. It is agreed that time is of the essence.of this agreement. 9. POSSESSION AND Full possession of said premises free of all tenants and occupants; except as herein provided, is CONDITION OF to be delivered.at the time of the delivery of the deed, said premises to be then (a)in the same PREMISE. condition as they now are, reasonable use and wear thereof excepted, and(b)not in violation of said (attach a list of building and zoning laws, and(c)in compliance with provisions of any instrument referred to'in'clause exceptions, if any) 4 hereof. The BUYER shall be entitled personally to inspect said premises;prior to the delivery.of.the deed in order to determine whether the condition thereof complies with the terms of this clause. 10. EXTENSION TO If the SELLER shall be unable to give title or to make conveyance;or to deliver possession of the PERFECT TITLE premises, all as herein stipulated, or if at the time of the delivery of the.deed the.premises do.not OR MAKE conform with the provisions hereof,then any payments made under this agreement shall be forthwith: PREMISES refunded and all other obligations.of the parties hereto shall cease and this agreement shall be void CONFORM without recourse to the parties hereto, unless the SELLER shall -use reasonable (Change period of efforts to remove any defects in title, or to deliver possession as provided herein,.or to make the said time if desired). premises conform to the provisions hereof, as the case may be, in which event the SELLER shall give written notice thereof to the BUYER at or before the time for performance hereunder, and thereupon the time for performance hereof shall be extended for a period of thirty - .. calender . days. 11. FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, PERFECT TITLE deliver possession, or make the premises conform, as the case may be, all as herein agreed, or if at OR MAKE any time during the period of this agreement or any extension thereof,the holder of a mortgage on PREMISES said premises shall refuse to permit the insurance proceeds, if any,to be used for such pur loses, CONFORM, etc. then any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. 12. BUYER's The BUYER shall have the election, at either the original or any extended time for performance, to ELECTION TO accept such title as the SELLER can deliver to the said premises in their then condition and to pay ACCEPT TITLE therefore the purchase price without deduction, in which case the SELLER shall convey such title, except that in the event of such conveyance in accord with the provisions of this clause, if the said premises shall have been damaged by fire or casualty insured against;then the SELLER shall, unless the SELLER has previously restored the premises to their former condition, either (a) pay over or assign to the BUYER, on delivery of the deed, all amounts recovered or recoverable on account of such insurance, less any amounts reasonably expended by the SELLER.for any partial restoration, or (b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to restore the said premises to their former condition or to be so paid over or assigned, give to the BUYER a credit against the purchase price, on delivery of the deed, equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SELLER for any partial restoration. 13. ACCEPTANCE The acceptance of a deed by the'BUYER or his nominee as the case may be, shall be deemed to be a OF DEED full performance and discharge of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof,to be performed after the delivery of said deed. 14. USE OF To enable the SELLER to make conveyance as herein provided,.the SELLER may, at the time of MONEY TO delivery of the deed, use the purchase money orany portion thereof to clear the title of any or all CLEAR TITLE encumbrances or interests, provided that all instruments so procured are recorded simultaneously with the delivery of said deed. 15. INSURANCE Until the delivery of the deed,the SELLER shall maintain insurance on said premises as follows: 'Insert amount Type of Insurance Amount of Coverage . (list additional types of insurance (a)Fire and Extended Coverage `$as presently insured and amounts as (b) agreed) 16. ADJUSTMENTS 6eiieeted-mnts;-rffertgege-ir+tereat,water and-sewer use charges, eperelirtgexpenser(tf-er+p}- . (list operating ex- aoeeFdi�gto-thescheduk-atteehed-herete-oFeetfic�-belew, and taxes for the then current fiscal penses, if any, or year, shall be apportioned and fuel value shall be adjusted, as of the day of performance of this attach schedule) agreement and the net amount thereof shall be added to or deducted from, as the case may be,.the purchase price payable by the BUYER at the time of delivery of the deed. JJasoAested-rent6f0Fi:he su.FFeRt-reMal"ram-sha4�."PorUomd4and-when-eeWetedby-eit#► H)OFt5C. ` 27. CONSTRUCTION This instrument, executed in multiple counterparts, is to be construed as a Massachusetts.contract,is OF AGREEMENT to take effect as a tealed instrument, sets forth the entire contract between the parties, is binding upon and enures to the benefit of the parties hereto and their respective heirs, devisees,.executors, administrators, successors and assigns, and maybe cancelled, modified or amended only by.a' written instrument executed by both the SELLER and the BUYER. If two or more persons are.named herein as BUYER their obligations hereunder shall be joint and several. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement • or to be used in determining the intent of the parties to it 28. LEAD PAINT The parties acknowledge that, under Massachusetts law,whenevera child or children under sixyears LAW of age resides in any residential premises in which.any paint, plaster.or other accessible material contains dangerous levels of lead,the owner of said premises must remove of cover said paint, plaster or other material so as to make it inaccessible to children under six years of age. . 29. SMOKE The SELLER shall, at the time of the delivery of the deed, deliver'a certificate from the.fire department' DETECTORS of the city or town.in which said premises are.located stating that said premises'have been equipped with approved smoke detectors in conformity with applicable law. 30. ADDITIONAL The initialed riders, if any, attached'hereto, are incorporated.herein by reference.. PROVISIONS Subject to Buyer selling home located at 81 Surf side...Road, Scituate, MA by 3/27/98. FOR RESIDENTIAL PROPERTY CONSTRUCTED PRIOR TO 1978,.BUYER MUST ALSO HAVE SIGNED LEAD PAINT"PROPERTY TRANSFER NOTIFICATION CERTIFICATION" NOTICE: This is a I I docu nt tha creates binding ligations. If not understood, consult an attorney. SEL E ( is ouse) RqI6ArtVS. Ingraham SELLER S irley. Ingraham BUYER Deirdr C. BUYER Ky Rea y Exec6tives of Ca Cod Broker(s). EXTENSION OF TIME FOR PERFORMANCE Date The time for the performance of the foregoing agreement.is extended until o'clock M. on the day of 19 ,time still being of the essence of this agreement as extended. In all other respects,this agreement is hereby ratified and confirmed. This extension, executed in multiple counterparts, is intended to take effect as a sealed instrument. SELLER(or spouse) SELLER BUYER BUYER Broker(s) 17. ADJUSTMENT If the amount of said taxes is not known at the time of the delivery of.the deed,they shall be. . OF UNASSESSED apportioned on the basis of the taxes assessed for the preceding fiscal year,with a reapportionment AND as soon as the new tax rate and valuation can be ascertained; and,.if the taxes which are to be ABATED TAXES apportioned shall thereafter be reduced by abatement,the amount of such abatement, less the ' reasonable cost of obtaining the same, shall be apportioned between the parties, provided that neither' party shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 18. BROKER's FEE A Broker's fee for professional services of $13, 2 0 0.0 0 (fill in fee with is due from the SELLER to Realty Executives- upon- passing of- title dollar amount or percentage; also name of Brokerage the Broker(s)herein; but if the SELLER pursuant to the.terms of clause.21 hereof retains the deposits firm(s)) made hereunder by the BUYER, said Broker(s)shall be entitled to receive from the SELLER an amount equal to one-half the amount so retained or an amount equal to the Broker's fee for professional services according to this contract,whichever is the lesser. 19. BROKER(S) The Broker(s)named herein Realty Executives WARRANTY warrant(s)that the Broker(s)is(are)duly licensed as such by the.Commonwealth of Massachusetts. (fill in name) 20. DEPOSIT All deposits made hereunder shall be held in escrow by Realty Executives (fill in name) as escrow agent subject to the terms of this agreement and shall be duly accounted for at the time for . performance of this agreement. In the event of any disagreement between the parties,the escrow agent may retain all deposits made under this agreement pending instructions mutually given by the SELLER and the BUYER. 21. BUYER's If the BUYER shall fail to fulfill the BUYER's agreements herein, all deposits made.hereunder by the DEFAULT; BUYER shall be retained by the SELLER-as liquidated damages unless within thirty days.after the DAMAGES time for performance of this agreement or any extension hereof, the SELLER otherwise notifies the BUYER in writing. and this shall be the Sellers' sole and exclusive remedy at law and . in equity. 22. RELEASE BY The SELLER's spouse hereby agrees to join in said deed and to release and convey all statutory and HUSBAND OR other rights and interests in said premises. WIFE 23. BROKER AS The Broker(s) named herein join(s)in this agreement and become(s)a party hereto, insofar as any PARTY provisions of this agreement expressly apply to the Broker(s), and to any amendments or modifications of such provisions to which the Broker(s)agree(s)in writing. 24. LIABILITY OF If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the TRUSTEE, principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, SHAREHOLDER, nor any shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or S BENEFICIARY, etc. implied, hereunder. 25. WARRANTIES AND The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor REPRESENTA- has he relied upon any warranties or representations not set forth or incorporated in this agreement or TIONS previously made in writing, except for the following additional waranties and.representations, if any, (fill in);if none, made by either the SELLER or the Broker(s): NONE state "none"*if any listed, indicate by whom each war- anty or represen- tation was made 26. MORTGAGE In order to help finance the acquisition of said premises,the BUYER shall apply for a conventional CONTINGENCY bank.or other institutional mortgage loan of$ 125, 000.00 at prevailing CLAUSE rates,terms and conditions. If despite the BUYER's diligLent efforts a commitment for such loan (omit if not cannot be obtained on or before March 20 1998 the BUYER may terminate provided for this agreement by written notice.to the SELLER and/or the Broker(s), as agents)for the SELLER, in Offer to prior to the expiration of such time,whereupon any payments made under this agreement shall be Purchase) forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. In no event will the BUYER be deemed to have used diligent efforts to obtain such commitment unless the BUYER submits a complete mortgage loan �8 application conforming to the foregoing provisions on or.before March 4, Town of Barnstable-Planning Department-Staff Report Appeal Number 1998-63-Kyle Section 3-1.1(3)(D)Special Permit-Family Apartment Copy of: Section 3.1.1(3)(D) -Family Apartments D) Family Apartment subject to the following: a) Not more than one(1)family apartment is provided. b) The family apartment is within or attached to an existing residential structure or within an existing building located on the same lot as said residential structure. c) The residential character of the area is retained as nearly as possible. d) The family apartment contains not more than fifty percent(50%)of the square footage of the existing residential structure if being proposed as an addition thereto. e) All setback requirements of the zoning district within which the family apartment is being located are complied with. f) The property owner resides on the same lot as the family apartment. g) The family apartment is occupied by members of the property owner's family only. h) The occupancy of the family apartment does not exceed two(2)family members at any one time. i) The family apartment is the primary year-round residence of the family member(s) residing therein. j) The family apartment will not be sublet or subleased by either the owner or family member(s)at any time. k) Scaled plans of any proposed remodeling or addition to accommodate the family apartment have been submitted by the property owner or his or her agent to the Building Commissioner and the Zoning Board of Appeals. 1) Prior to occupancy of the family apartment, affidavits reciting the names and family relationship among the parties seeking approval have been signed and shall be signed annually thereafter for the duration of such occupancy. m) Prior to occupancy of the family apartment, an occupancy permit shall be obtained from the Building Commissioner. n) No such occupancy permit shall be issued until the Building Commissioner has made a final inspection of the proposed family apartment. o) Within sixty(60)days from the date authorized family members vacate the family apartment, the owner or his or her agent shall remove any kitchen facilities in such unit and notify the Building Commissioner to inspect the premises. p) In addition to the provisions of Section 3-1.1(3)(D)(o)above, upon vacation of any family apartment, the premises shall be restored as nearly as possible to their state prior to the creation of such family apartment. q) The Building Commissioner shall have the right to further inspect the premises upon which a family apartment has been vacated at least three (3)times per year for three (3)years consecutive from the time of such vacation. 3 Town of Barnstabel Family Apartment Affidavit E sr ii. I Al P,Is' JIM . being an' oath, depose and state 'a f 0 Ai-46 Om6-21i in?, "r, oily 98 MAR 20 F-12 reside at V).&n§V4,j/)jthat I have ownerz r4 L sinca3 27ft and which is my domicile and principal residence. The prcpez=-.- V7 shown an Barnstable Assessor's Hap and Parcel Number.. iN 2. on 19 in Appeal No. the zoning Board of Appeals, g --ant 4r. ranted to me a special Permit to develop and maintain a Family Apar accordance with section 3-1.1(3) (D) of the Zoning ordinance and in agr6emen= condition of that special Permit at the premises above. 3 The following members of my family will be the sole occupant(s) of the :4 44 Anart."zient Unit Name: Relationship to owner: & Name: Relationship to owner: I understand that the Family Apartment: shall only be occupied by members of my family who are persons related t= by blood or by marriage, W shall be the primary year-round residence for the identified family me---"e: W shall not be sublet or subleased to any other person(s) , and W shall, at all times, be in compliance with all conditions of the Special Permit issued by the Zoning Board of Appeals, including plans and made in the application and approved by the Board. This affidavit shall be filed annually with the Building Inspectors office an--' the unit shall be vacated by the above identified family members, I shall with 30 days notify the Building Inspectors office of that and shall immediately prcceed with the removal of the family apartment unit. In the event of the sale or transfer of ownership of the above property, I sha notify the building Inspectors office and shall surrender the Special Pe=i-- this Family Apartment. '71k sworn to under the pains an pe alties o erjury this (day of 191 signature: • (Please Print) Name: Orw, Phone: Hailing Address: RnrndaAL a M14 OZZ69 ,• j�, ,\_,, ;, , it , 1 I �• ' � � I II �1. 1 1 1 l 1 - ♦ 11 _ 1 • 1 11 I / f i t• _ �1 `♦♦, / 1. 1 �� WE 1, The Town of Barnstable MAM .,erg Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner CASE SUMMARY r> :>:::>::::>::::><::>;::::<::::>::....>::;;::::<:::>::>:::>::;::; >::: .5SESSORS:MAP#<:::>::.»::::127: ;<:::>::'.' ZON..ING:DISTRLCT.:.:::::::::Rl :..::::::...::::::.:::::..:..::::::::::::::::::::::::.....:::::::..A.........................................:::....:::.:....:..::::.::.::::: :::::::. PAR> '< »:::: _ :::: ` > :»:...... 7 ;8 »'.::>::»:::>::: AS:SBSSORS. .. .CEL.#..(33.O..T00..................... DATE..::.:::::.:::::.::::::::::::::::::::::.3./2:.:L.9..::::::::::::::::...:...::::::::..::::::..:::::...........:.::.::.:::::.:::::::::::::::::::::::::::::::::::::::.:......::::::::::::::::......::::::.:::. PROPERTY ADDRESS: 175 Woodside Road West Barnstable,.Mass. OWNER(S) OF RECORD: Robert Ingraham ALLOWED USE: Single-family Residence CURRENT USE VIOLATION: Two residencial units HISTORY • Property has been sold. • New owner-has-scheduled a Hearing with Cthe Barnstable Zoning Boa`r-d-of App als_for_family`apartment for May 13, 1998. • New Owner: Deirdre Kyle • Mrs. Cronin, Mother for family apartment. cs127.030 5 BOG 1 G L07' 33 Al y moo- LOT 34 LOT 35 13 yQ� 00�� RES.. ZONE.' "RA" This MORTGAGE. INSPECTION Plan is For FLOOD ZONE.' "C" Bank Use Only TOWN: _ ST__ N,T6124E---------- --------------------DEED DATE: , / -------------------- - -1,g1�8------------------- PLAN REF: :�3�11 ---__ __SCALE: I" 50' FT. I HEEREBYy CE IEEY TO �' _ ,� �Tf,��LQ _ ---- LAIYYERS TLE INS._ _ ______THAT THE BUILDING `y� OF LMARSTONS ANKEE SURVEY SHOWN ON THIS PLAN IS LOCATED ON THE GROUND AS ,��� CONSULTANTS SHOWN AND THAT ITS POSITION DOES ____ CONFORM PAUL TO THE ZONING LAW SETBACK REQUIREMENTS OF THE Ar A. 40B (SUITE 1) TOWN . OF _ 888��T��G _____________AND THAT NFRITHow INDUSTRY ROAD 1T DOES_1VQT_ LIE WITHIN THE SPECIAL FLOOD HAZARD °' 3ZOA0 MILLS, MA. 02848 AREA AS SHOWN ON THE H.U.D. MAP DATED$/�,1_6,__ �ECistEa`�� TEL 428-0055 Community—Panel # 250001 0015 C '�'� ,�� FAX: 42C-5553 �.�• t �. THIS PLAN NOT MADE FI V rRUMENT 22150 Dl'G b, A.—�f TRt'R, �C�------- Si,RVEl', NOT 'I'0 BE USED FOR Fl;h(,;tiS. ETC. May 29, .1984 Donald Henderson, P.C. Attorney at-Law 776 Main Street" Hyannis, MA 02601 Dear Don: -Thank you for your letter of May 22, 1984 outlining'the.. series of transactions recorded at the Registry of peels in respect to the lots, #16.and #29, in the'Cuthnaquid Heights area Lot #16,as described in`yourletter-and transferred back to the Bank Within the, framework of zoning#' is a' buildable lot and a building permit wIlZ be is6ded S6bj4��t to Board..ot''Heal'th approval. , f Peace,. Joseph D. DaLUz • ;r;� Y Y x Buildfn 9 . ',,Commissioner JDDIgr -- - - -- - - - - -- - - - - -- - - _tomawt 14 DONALD F. HENDERSON, P. C. ATTORNEY AT LAW 77S MAIN STREET HYANNIS, MASSACHUSETTS 02501 617-775-1904 PLEASE REFER TO FILE May 22, 1984 NO. DFH 2253-84 Mr. Joseph Daluz Building Inspector Town of Barnstable Hyannis, MA 02601 Dear Joe: In August of 1982 I obtained from the Barnstable Board of Appeals a variance which covered Lots 16 and 29 among other lots in Cummaquid Heights. Lot 16 and Lot 29 were joined in one corner only, and because of the unusual configuration, the Board granted a variance from the area requirements of the present zoning by-law and allowed two, single-family houses to be built, one on each lot. A copy of the decision duly recorded with the Barnstable County Registry of Deeds in Book 3562 Page 187 is enclosed. Lot 29 was sold to Dorothea L. .Elliott. by deed recorded April 19, 1983, and I believe Ms. Elliott has constructed a single-family residence on this. lot. Lot 16 was sold by the bank to William and Kathy Aspden by deed recorded February 1, 1982 in Book 3430 Page 73; however, the Aspdens deeded the lot back to the bank by deed recorded March 11, 1983 in Book 3689 Page 136, and a copy of that deed is enclosed, too. It is my understanding that under Massachusetts General Laws, Chapter 40A, Section 10, that "If the rights authorized by a variance are not exercised within one year of the date of grant of such variance, they shall lapse and may be re- established only after notice and a new hearing .pursuant to this section." As you can see from the foregoing, within the year one lot was sold and built upon and only one lot, Lot 16, remains in the ownership of the bank. Sentry has. a pur- chaser for the lot and a- question was raised, I believe by the Board of Health, as to whether or not the variance was still good with respect to Lot 16. I be- lieve that. you indicated over the telephone that since Lot 16 went into separate ownership within one year from the date'of the grant of the variance, that you would issue a building permit for a single-family structure without the necessity of going back to the Board of Appeals. If, in fact, you' are willing to issue a building permit for Lot 16, I would appreciate a letter from you to that effect. Thank you for your courtesy and cooperation in connection with this matter. Very truly yours, DONALD .ENDERSON, P.C. By: DFH/jm Donald F. Henderson Enclosures cc: Gerald Shuck Mr. & Mrs. R. Theodore Steinhilber rowN CLERK BOOK3562 PAGE 187 RARNSTA$LE. MASSTOVWN OF BARNSTABLE 25627 '82 AUG 27 PM 3.14 Zoning Board of Appeals Sentry Co-operative Bank Deed duly recorded in the Property Owner County Registry of Deeds in Book Sentry Co-operative Bank �— Page ___ .—Registry Petitioner District of the Land Court Certificate No. Book Page 1982-51 ^- August 24, 19 82 Appeal No. FACTS and DECISION PetitionerGLR� >�tie R—ink---- - ---- filed petition on -.I 19 82 .ul3r , requesting a variance-permit for premises at in the village (street) cf _._....____.... lA�GA�SIltiS _ _••--•- —• adjoining premises of __ (see attached list) Locus under consideration: Barnstable Assessor's Map no. _ __ lot no. Petition for Special Permit.: 0 Application for Variance: K] made under See. of the Town of Barnstable Zoning by-laws and Sec. Chapter 40A., Mass. Gen. Laws ' for the purpose of VarianrP_ta_aLlaw undersiz xL_1Qts.-.tQ_-be_uLt11a.�a — buildable lots. Locus is presently zoned in Residence_F-1. Notice of this hearing was given by mail, postage prepaid, to all persons deemed affected and by publishing in Barnstable Patriot newspaper published in Town of Barnstable a copy of which is attached to the record of these proceedings filed with Town Clerk. A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town Office Building, Hyannis, Mass., at --7-LaQ P.M. August 5 - 1982 , upon said petition under zoning by-laws. - Present at the hearing were the following members: Frank P. Congdon Gail Nightingale George T. Zevitas Acting Chairman BOOK3%2 PAGE 188 At the conclusion of the hearing, the Board took said petition under advisement. A view of the locus was made by the Board. t" Appeal No 1982-U — Page ^ 2 of 3 On August 19, 19 82—, The Board of Appeals found E Attorney Donald Henderson represented the petitioner who .seeks a variance to allow lots #22, #25, #16 & #29 as shown on the plan submitted with the filing, to be utilized as buildable lots. All of these lots have insufficient square feet in area and are shown on Barnstable Assessor's Map 316. The four lots are located on Salt Rock Rd. & Marble Rd.', Cummaquid and two of the lots front on Salt Rock Rd. and two front on Marble Rd. In both instances, the lots are joined for a short distance at the rear property line and are not contiguous in the usual sense of the word. The building inspector will not issue four separate building permits for these lots and in view of the case of Sturges v. Town of Chilmark et al, Mass. 402 N.E. 2nd 1346, the petitioner's attorney, Mr. Henderson, was told by the building inspector on November 13, 1981 that building permits would be issued. Based on that information, the bank sold lot #16 to William J. and Kathy Aspen on February 11, 1 1982. Subsequently, a potential purchaser of one of these lots made inquiries on her own at the. town hall and was' told a variance .would be required before a building permit could issue. Mr. Henderson .then returned to the building inspector's office and was told that variance relief would be required since the Sturges case dealt only with lots joined at a point. The four lots included in the petition meet the width requirment of 125 ft. imposed in the residence F-1 zoning district in which this property -is located. The smallest of the four lots is approximately 35,000 sq. ft. and the largest lot is over 40,000 sq. ft. in area. The petitioner would suffer financial hardship if the land cannot .be utilized for four separate buildable parcels and if joined together as two buildable lots, they would .far exceed the one-acre minimum lot. size required. This property was tied up for over six years due to litigation and foreclosure proceedings and during this time the grandfathering ran out. Mr. Henderson asked that the variance relief sought be granted since allowing four lots would not alter the character of the neighborhood as the petitioner's lots would be as large and in many cases larger than the existing lots in this subdivision. Richard Polson of Salt Rock Rd. questioned the size of- the dwellings which would be constructed on the lots and said that he had no objection to the petition and originally did not understand how close to the one-acre requirement these lots are. No one spoke in favor of the petition and the Board took the matter under advisement. (continued) Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Board of Appeals rendered its decision in the above entitled petition and that no appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this/ day of ._�`' `��--- 19 under the pains and penalties of perjury. Distribution:— Property Owner Town Clerk Board of Appeals Applicant Town of Barnstable Persons interested Building Inspector Public Information By Board of Appeals Chai an BOOK3562 PAGE 189 •'�'-� ZONING BOARD OF APPEALS sAaa i63 1 ► E Appeal No. 1982-51 Page 3 of 3 The Board voted unanimous) to rant the petitioner a variance allowing four Y g P g buildable lots as shown on the plan submitted with the filing. The Board found that it would be unreasonable to require that these lots which have approximately 35 ft. joining them at the rear lot line, be combined and therefore, the shape of these lots which is not generally found in the zoning district in which they are located, complies with the requirements of Sec. 10 of Chapter 40A M.G.L. and Sec. Q. 2(c) of the Barnstable zoning by—laws necessary to the granting of a variance. The Board further found that most of the lots in this subdivision are of equal size or in some cases smaller than the petitioner's four lots and therefore, allowing the variance relief would not be detrimental to the neighborhood nor in derogation of the spirit and intent of the zoning by—laws. Variance relief is granted in accordance with the subdivision plan submitted with the filing and cited as follows: "Cummaquid Hills, Subdivision Plan of Landin Barnstable, Mass. for Alexander Blair, February, 1967, Barnstable Survey Consultants, Inc. , 608 Main Street, West Yarmouth, Mass. showing lot nos: 22,25, 16 & 29." `"'TOWN OF'BARNSTABLIS'� ' BOARD OF APPEALS 'a NOTICE OF PUBLIC HEARING To all persons deemed interested or.s affected •bf the, Board 'of Appeals; under Sec:11-of Chap.40A of General Laws-, of,,the. Commonwealth-- of,,- Massachusetts-and alf�'i6endments thereto,you are notified.that: APPEAL NO.1982-51.' `.'' 7.30 P.M.'; SENTRY CO-OPERATIVE BANK has appealed to the ZONING BOARD OF;APPEALS- and'petitions for a VARL4NCE;,W''anowrTWO;UNDER=�; STZ Ofto'TS7W.'l'd1- TILTLED:AS ( BUILDABLE-LOTS;k SALT.ROCK',;. f'&MARBLE ROADS,CUIv MAQUID, in'.,a_>' RESIDENCE, F-.1 i ZONED DISTRICT. F •, •` s 4. A public hearing will be heldvn th►i petition at 7:30 p.m:''' APPEAL-NO.1982-52-1 Y, 7:45 P.M. ROBERt LABBE'has'appealed to��the RD ZONING. BOA :OF,AP--A PEALS an.4.petitions for,a SPECIAIJr; PERMIT 10,RE-ESTABLISH a NON-1 CONFORMING USE PERMITTING;.. CONVERSION'``OF •. .EXISTING GARAGE to COTTAGE USE at 99i RIDGEWOOD AVE.,HYANNIS i6_a RESIDENCE B ZONED DISTRICT.'-, A public hearing will be held 66 this' petition'it 7:45 p.ihlxt: i These hearings will be held in the HEARING ROOM, TOWN HALL, 367 MAIN,STREET, HYANNIS,on THURSDAY EVENING,AUGUST.S1982. You are invited to be present. By order of the Zoning Board of Appeals. FRANK P. CONGDON, Clerk July 15,22,1982 . Barnstable Patriot B40K3562 P.W DO ,r ZONING BOARD OF APPEALS irua ,6 q. its VAY PARTIES- .IN INTEREST - APPEAL NO. 1982-51 - SENTRY COOPERATIVE BANK Paul &,Carolyn Benson Town of Barnstable Conservation Commission Jonathan P. & Kathleen J. Britton Robert J. & Joyce Cappiccille Matthew & Dorothy H. Cobb Ethel $. Cummings John D'. DeBrine Paul E'. & Krystyn A. Dubois Richard C. & June C. Enk Randolph & Mary Ann Gish Alden W. & Jean C. Gray Owen P. & Karen E. Hickey Harvey Edlin Sales Corp. David J. & Carol W. Horst Horst, David J. Douglas J. & Karleen Laviana M. Elizabeth LeBlanc & Lawrence J. Mooney Peter & Sophia Loumiotis Patricia F. Parsons Richard C. & Barbara E. Polson Sentry Cooperative Bank Dean R. & Margaret A. Swift Michael W. & Lynne G. Turner Jacqueline L. Vacher . Frank & Elizabeth Wagner Barnstable Planning Board Yarmouth Planning Board Sandwich Planning Board Mashpee Planning Board �EG'ORDED SEP 17 8 z v �:J P RECORDED SEP 17 244 PM W B",R,N :i, ; i }' CuIJt ITY w . i l t recorded 2/�82 at 11:53 a.m. j Book 3430 .aP. gp 73 SENTRY CO—OPERATIVE BANK, a banking corporation duly established under the laws of the Commonwealth o.f Massachusetts , and having its usual place of business at. 'Main Street, Barnstable (Hyannis) , of Barnstable County, Massachusetts, for the full consideration of $16,500. 00 paid grants to WILLIAM J. ASPDEN and KATHY A. ASPDEN, husband and wife, as Tenants . by the Entirety, both of 175 Woodside Road, Barnstable (West) , Barnstable County, Massachusetts with quitrlatut rournants the land in Barnstable , Barnstable County, Massachusetts , together with the buildings thereon, .described as follows: Being LOT 16 containing 35,200 square feet as shown on a plan of land entitled: " ' Cummaquid Hills' Subdivision Plan of Land in Barnstable, Mass. for Alexander Blair Scale 1" = 100' February 1967 Barnstable Survey Consultants, Inc. 608 Main Street West Yarmouth, Mass. " , which said plan is duly filed in the Barnstable . County Registry of Deeds in Plan Book 222 Page 85. The above described premises are conveyed together with a right of way over the ways as shown on said plan. Subject to Restrictions dated October 20 , 1970 and recorded in the Barnstable County Registry of Deeds in. Book 1489 , Page 693; subject to an Easement to the New England Telephone and Telegraph a Company et al dated October .8 , 1970 and recorded in Book 1486 , Page 985. w For title see .Deed under Power of Taunton Co-operative Bank H z now Sentry Co-operative Bank dated April 15 , 1981 and recorded in the Barnstable County Registry of Deeds in Book 3285, Page 24. See Certificate of Merger and Consolidation recorded in Book 3277 , Page 87. hwftntBnUhtrmf the said SENTRY CO-OPERATIVE BANK has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by Joseph W. Higgins its President hereto duly authorized, this 2 7 t h day of January in the year one thousand nine hundred and eighty two. Signed and sealed in presence of SENTRY CO-OPERATIVE BANK _ by Joseph ;W. Higgins, President Ohr Mammnttmral14 of>llissarkusrtts Barnstable ss. \ _ �L 19 82 Then personally appeared the above named Joseph W."Higgins, President as aforesaid and acknowledged the foregoing instrument to he the free.a t and deed,Of Sentry Co—operative Bank _ Before me, Notary Public � f { My commission expires C 19 d`4 1 77 60UK3 0 9 FACE i3G A r I " We, WILLIAM J. ASPDEN and KATHY A. ASPDEN, husband and wife, as i tenants by the entirety, both of 175 Woodside Road, Barnstable (West) Barnstable County, Massachusetts, for the full consideration of $15 ,4 57. 35 paid I i grant to SENTRY CO-OPERATIVE BANK, a Massachusetts banking corporation { having its usual place of business at Perseverance Way, Barnstable (Hyannis) , Barnstable County, Massachusetts, yak with qultrlatm rournants the land in Barnstable, Barns.table County, Massachusetts, together with any buildings thereon, described as follows : Being LOT 16 containing 35 ,200 square feet, more or less . as shown on a plan of land entitled: "Cummaquid Hills, Subdivision Plan of Land in Barnstable, Mass. for Alexander Blair, Scale 1" = 100 ' , February 1967, Barnstable Survey Consultants, Inc. , 608 Main Street, I West Yarmouth, Mass. , " which said plan . is duly filed in the Barnstable County Registry of Deeds in Plan Book 222 Page 85 . '• The above described premises are conveyed together with a right of way over the ways as shown on said plan. Said lot is subject to restrictions set forth in instrument dated October 20, 1970 and recorded in said Registry. in Book 1489 Page 693. Subject to an easement to the New England Telephone and Telegraph Company et al dated October 8, 1970 and recorded in Book 1486 Page 985 . w a Being the same premises conveyed to us by deed of Sentry Co- operative Bank dated January 27 , 1982 and recorded in said Registry in w Book 3430 Page 73. w The above consideration- of $15,457. 35 is being paid by the cancellation of' a promissory note from the grantors to the grantee dated January 28, 1982 , which note has an outstanding balance in that amount as of the date of this deed. Executed as a sealed instrument this 10 th � da„� ar lg 83 Wi,1 1iam J. Asp de a y_A. Aspaen sae (fammanmcalta of Jaaaaa 4 artts Barnstable ss. March 10 , 19 83 Then personally appeared the above named William J. Aspden and Kathy A. Aspden and acknowledged the foregoing instrument to be the i r r6e-'1_a21t a;d�deed, Before . Donald F. Henderson Notary Public U My commission expires. May 12 , ig 89 k Iu I D MAR 1103 STATUTE FORM 1;a :v {rn `� a WILLIAM U. AUDEN ET UX _, `a o � CJ;n a T rn C-: TO :;a�rrV1 CZ y rn rn Z: - SENTRY CO-OPERATIVE BANK77 8 Dated, 19 83 at o'clock and minutes Received and entered with Deeds Book Page ._ Attest: ...,..o.. R.&ter FORM 1281 0 4 H a DONALD F. HENDERSON, P. C. ATTORNEY AT LAW 776 MAIN STREET HYANNIS. MASSACHUSETTS 02601 } HCB 17, 015 jm i SENTRY CO—OPERATIVE BANK, a banking X corporatio lduly established under the laws of the Commonwealth of Massachusetts and having its,vsual place of business at Perseverance Way, .'Barnstable (Hyannis) , of Barnstable County, Massachusetts, for the full consideration of I . $15 ,500.00 paid grants to DOROTHEA L. ELLIOTT I . j of Jacob Road, Dennis (South) , Barnstable County, Massachusetts with q ltrlalm rouettatits the land in Barnstable, Barnstable County, Massachusetts, together with any buildings thereon, described as follows: Being LOT 29 containing 38 ,271 square feet, more .or less, as shown on a plan of land entitled: "Cummaquid Hills, Subdivision Plan of Land in Barnstable, Mass. for Alexander Blair, Scale 1" = 100 ' , ; February 1967 , Barnstable Survey Consultants, Inc. , 608 Main Street, West Yarmouth, Mass. , " which said plan is duly filed in the Barnstable County Registry of Deeds in Plan Book 222 Page 85. I The above described premises are conveyed "together with a right of way over the ways as shown on said plan. Said lot -is subject to restrictions set forth in instrument dated October 20 , 1970 and recorded in said Registry in Book 1489 Page 693: Subject to an easement to the New England Telephone and Telegraph Company et al dated October 8, 1970 and recorded in Book 1486 I Page 985 . i For title see Deed Under Power dated April 15 , 1981 and recorded j in said Registry in Book 3285 Page 24 . See Certificate of Merger and Consolidation recorded in Book 3277 Page '87. .. I In WbesSPhtMt the said SENTRY CO—OPERATIVE BANK has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by Gerald G. Shuck, its Senior Vice President NY hereto duly authorized, this / V C1� day of in in the year one thousand nine hundred and eighty-three. Signed and sealed in presence of SENTRY CO-OPERATIVE BANK by Senior Vice President �hc rmlure toy 8-thmUg Barnstable �, � � / 9, 1983 Then personally appeared the above named Gerald G. Shuck, Senior Vice President as aforesaid, and acknowledged the foregoing instrument to be the frbe an deed of the Sen y Co-operative Bank, Before i1L8, Notary Public ✓ON//4 J /YU es e..� My commission expires /�/ z 19 P/ 9 . 3 oI PPS �jARN� 83 . lIE 11-TRY ns '4UNTY rEpf,EN EFps. RECIg i KES J _ Ir1r r