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HomeMy WebLinkAbout0071 WATERFIELD ROAD ��� h� ,e��� �� �� � a .�. a � � �. ��. � � . I . ---� v 0 47 0 } ..�- Y M ..2 w c, t .j 1 ;. b w' "` � I �(� (jz � � ✓ e v� � �--� VY9 � ' �+'" �-' �" '� .i� Tow Reg �oFt r � Y Thorn Publi` Mass. 9� Thom i639. `0�' A'F639n 200 Main Office: 508-862-4644 November 1, 2004 CAPE WINDS REST HOME 349 SEA STREET HYANNIS, MA 02601 ATTENTION: Your food service/retail permit(s) will be it ESTABLISHMENTS FOOD SERVICE RETAIL FROZEN DESSERT MOBILE FOOD BED & BREAKFAST +F n BUILDING DEPT. gun 17 iaza TOWN 0 zL, a. ` ^•.`� Bk 20635 PS 151 a5211 01-26-20i�6 a 12 _ 230 2 BAMSTABM lIA08. ,� D7P �g �fD MPS• Town of Barnstable Zoning Board of Appeals Decision—Rescinded Comprehensive Permit McGraw—Appeal 2003-13 Comprehensive Permit—MGL Chapter 40B Summary Determination that Comprehensive Permit is Rescinded. . Applicant(s): Robert Jr. and Kathryn McGraw Property Address: 71 Waterfield Road, Osterville,MA Assessor's Map/Parcel: Map 119 Parcel 051 Zoning: Residential C and Wellhead Protection Overlay District Background: R. Robert Jr. and Kathryn McGraw applied to the town of Barnstable for a comprehensive permit under the Accessory Affordable Housing Program pursuant to Article II of Chapter Nine of Part I, General o Ordinances of the Code of the town of Barnstable. The applicants were seeking to convert the existing. detached garage into a one-bedroom accessory affordable apartment. Comprehensive Permit Number 2003-13 was issued to the applicants on April 10, 2003, and a Regulatory Agreement and Declaration of Restricted Covenants was recorded at the Barnstable Registry of Deeds. a Procedural & Hearing Summary: m A public hearing was duly advertised in accordance with MGL Chapter 40A and notice sent to the applicants that the hearing would be held to review and act upon the request. The hearing was opened on October 19, 2005, at which time the Zoning Board of Appeals Hearing Officer made the following finding and decision:' Findings of Fact: At the hearing on October 19, 2005, the Zoning Board of Appeals Hearing Officer made the following findings of fact: In Appeal 2003-13, the applicants, Robert Jr. and Kathryn McGraw, sought to convert an existing detached garage into a one-:bedroom accessory affordable apartment. The property is shown on Assessor's Map 119 Parcel 051, and is commonly addressed as 71 Waterfield Road, Osterville,MA in Residential C and Wellhead Protection Overlay Districts. On April 10, 2003 a comprehensive permit was issued for.the.property, and a Regulatory Agreement and Declaration of Restrictive Covenants was recorded at the Barnstable Registry of Deeds. On September.13, 2005 the property was sold. Decision: At the hearing on October 19, 2005, the Hearing Officer determined that the comprehensive permit issued to Robert Jr. and Kathryn McGraw for the property located at 71 Waterfield Road, Osterville,MA is no longer valid due to the sale of the property: Transmission: In accordance.with Part II, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code, the He Officer transmitted the written decision to the Zoning Board of Appeals on October 19, 2005. As fourteen days.have elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision, this decision becomes final. Ordered: Comprehensive.Permit 2003-13 is null and void. 3 Gai ightingale, ring Off er Dat Si ed I, Li da Hutchenri er, 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 had been filed in the office ofthe Town Clerk Signed and sealed this O�r � day of /L)&rtu„G rc a o Od under the pains and penalties of . Pedury • LirMa Hutchenrider,tow.q:Clerk'. i 2 Town of Barnstable *Permit# ® I s l� Expires 6 montlis from issue date Regulatory Services Fee X-PRESS PERMIT Thomas F.Geiler,Director MAR 2 X.2008 Building Division yy 1 Tom Perry,CBO, Building Commiss�b FRESS PERMIT i TOWN OF BARNSTABLE 200 Main Street,Hyannis,MA.02601 MAR 2 i www.town.bamstable.ma.us 2008 Office: 508,-862-4038 TOWN OF BARRNN AYL8990-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONI; Not Valid without Red X-Press Imprint Map/parcel Number � V"�U � 1Cz I IProperty Address l 1 LO r' QO R A ❑ Residential Value of Wor1i` 5 Minimum fee of$25.00 for work under$6000.00 Owner's Name&Address ek, ;P 11-t Q{L_ T Contractor's Name ( Telephone Number Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) QWorkman's Compensation Insurance Check one: ❑ I am a sole proprietor ❑ I am the Homeowner Q'I have Worker's Compensation Insurance Insurance Company Name C1 I A Y` Workman's Comp.Policy# Copy of Insurance Compliance Certificate must be on file. Permit Request(check box) [2/Re-roof(stripping old shingles) All construction debris will be taken to Pjru MXJh.0 ❑Re-roof(not stripping. Going over existing layers of roof) Re-side ❑ Replacement Windows/doors/sliders. U-Value (maximum.44) *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. A copy of the Ho)mef�Improovement Contractors License is required. SIGNATURE: o �'L�P Q:Forms:expmtrg Revise061306 :. baFd?orBUildin ` WQI�I gBgulab n �rds, y a,� E:'114�PRQV ENT't;7j�# . � , 9 17.1 SEr Ex i Watlon:- _ A . �/312-66b; \ Y &type i 1 _niitltiaf SRA '1.. A'DDQCiS a BRADLEY PADDOCK: 24 DFB.BI•ES.LA E MAR T...' S S ONIIi}FLS MA ET2648' , L►erYnse.or reglstra{ronwal il-for indii idul use only befoie the'e'piratfUtr late'.'If°found return to: �. BoaFd of•Buildlh-9'ileIalatioiis and Standards On a Ashburfon fhlat a dtm'13l11 + �� 30ston,!Ma.0210S - 4 -- N a'lid thot►t,$igrrature 1 J The Commonwealth of Massachusetts r i Department of Industrial Accidents Office of Investigations. 600 Washington Street Boston,MA 02111 J" www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information / Please Print Legibly Name(Business/Organization/Individual): c n • •Address:_ �y (� �l�,� lr%S L/4�uC' • City/State/Zip: L(-S (0 , Phone.#: Are ou an employer?Check the appropriate bog: Type of project(required):. 1.RI am a employer with 1 4. ❑ I am a general contractor and I *. have hired the sub-contractors 6. El New construction.. employees (full and/or part-time). ' 2.❑ I am a'sole proprietor or partner- listed on the-attached sheet. 7. ElRemodelin g • ' ship and have no employees These sub-contractors have g, E]Demolition working for me in•any capacity. employees and have workers' 9 ❑Building addition [No workers' comp.insurance comp.insurance. required.] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions 3.El I am a homeowner doing all work officers have exercised their ME]Plumbing repairs or additions ' myself. [No workers' comp. right df exemption per MGL 12,❑Roof repairs insurance required.]t c. 152, §1(4),and we have no 13.❑ Other employees. [No workers comp.insurance required.] ''Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside.contractors must submit anew affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have. employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that isproviding workers'compensation insurance for my employees. Below is.thepolicy and job site information.' Insurance Company Name: 1 M Policy#or Self-ins.Lic.#: ba Q I �� 6 I)L682 Expiration Date: Job Site Address:"1 1 ton A./„ I P k l yp. City/State/Zip: Attach a copy of the workers'compensation policy declaration page'(showing the.policy number and expiration date). Failure.to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and pen perjury of perjury that the information provided above is true and correct. Signature a e Date' Phone# l -S'b�' 1�'-((4 Official use only. Do not write in this area, to be completed by city or town officiaL . City or Town: Permit/License# Issuing Authority(circle one): i 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6:Other Contact Person: Phone#: Information and-Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver ortrustee-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, §25C(6)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,MGL chapter 152, §25C(7)states`Neither the commonwealth nor any of its political subdivisions shall enter into any contract for.the performance of public work until-acceptable evidence.of compliance with the insurance requirements of this chapter have been presented'to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary,supply sub-contiactor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers'compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit 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 to the city or town that the application for the permit.or license is being requested,not the Department of Industrial Accidents., Should you have any questions regarding the law or if you are.regi iced to obtain a workers.' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate-line. City or Town Officials 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. In addition,an applicant h-at must submit multiple permit/license applications in.any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all-locations in (city-or A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses, A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related-to any business or commercial venture (i.e. a dog license or permit to bum leaves-etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation'and should you have any questioner. please do not hesitate to give us a call. The Departnent's address,telephone-and fax number: The ComnoiawWth of Massachusetts Depaxtment of Industrial A.ccide-nts Office of Investigations 600 Washingtud Street: Boston,ILIA 0-2111 Tel. ##617-727-4900 ext 406 or 1-$77-NiASSAFE Fax## 617-727-7749 Revised 11-22-06 wVVw.mass.gav/dla i- °F1ME 1pk, Town of Barnstable . Regulatory Services `•�snieMAW. s = Thomas F.Geiler,Director i63q. `0�' iOtE639 Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder I I, ',67efi- /`o,&,A , as Owner of the subject property hereby authorize 6 R A 6 V�d l'� c�c�to act on my behalf, in all matters relative to work authorized bythis building permit application for: ,7 i U1 ' Address of Job) Signature of Owner D to CLC�J F} o;w r� Print Name Q:FORMS:O W N ERP ERM I S S I ON Town of Barnstable Fe�e�w FSNE 1p Regulatory Services ate:918o Thomas F.Geiler,Director BARNSTABLE, :MASS. Building Division ee aS.DO 16 39:1 a`0 Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 TOWN OF BARNSTABLE Fax: 508-790-6230 SOLID FUEL STOVE PERMIT Owner: ���� Phone: Install at: Village: Map/Parcel: Date: D G S ove A New/Used Type: Radiant/Circul in C. Manufacturer: D. Model No.: Lab. No. himney A New/Existing (If existing,please note date of last cleaning) Flue Size C. Are other appliances attached to Flue? ° D. Pre-fab Type and Manufacturer d -- E. Masonry: Lined/Unlined Hearth ' A. Materials: giaa _ B. Sub Floor Cons ction: Installer Name: f o Address: p Phone: Location of Installation: APPROVED BY: Please make checks payable to the Town of Barnstable =*Yhistitutes an official stove permit after inspection,photographed, and approved Building Inspector pp b y the Q:forms:stove Rev 122801 Irti Town of Barnstable Building Department - 200 Main Street &UMSTABLE. + Hyannis, MA 02601 9�A b � (508) 862-4038 rFo� Certificate of Occupancy Application.Number: 20061336 CO Number: 20060060 Parcel ID: 119051 CO Issue Date: 06/26/06 Location: 71 WATERFIELD ROAD Zoning Classification: RESIDENCE C DISTRICT Owner: TOBIN, ELENA Proposed Use: RESIDENTIAL PO BOX 377 OSTERVILLE, MA 02655 Village: OSTERVILLE Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: FAMILY APARTMENT CERTIFICATE OF OCCUPANCY . O Building Department Signature Date Signed TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel / -OJ' Permit# e 0 eq 6 Health Division 0� 06 Date Issued b o� Conservation Division Fee V 2 Tax Collector Treasurer Planning Dept. Checked in By Date Definitive Plan Approved by Planning Board Approved By Historic-OKH Preservation/Hyannis L Project Street Address V Zp Village C�__I_ft2y:10— Owner 7 A 10 b%it) Address SA-iV Telephone _j OS- ya N - &77'' Permit Request P , AL %a Square feet: 1 st floor: existing ,syo -- proposed 2nd floor: existing proposed Total new 0 eot�j}�Z. Valuation Zoning District Flood Plain fie) Groundwater Overlayd Construction Type �@,L#,cbr}r7o-d Lot Size o Sys Aaw Grandfathered: O Yes O No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family O Multi-Family(#units) 7 Age of Existing Structure Historic House: ❑Yes dNo On Old King's Highway: ❑Yes No Basement Type: ❑Full *Crawl ❑Walkout O Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) /0-0 C?� 1,41_ Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing_ new —' Total Room Count(not including baths): existi g _s ev new First Floor Room Count �'- 3 eo tt Heat Type and Fuel: 0,Gas 0 Oil ❑ Electric ❑Other C eab% MW K.1�a a•� Central Air: 06 Yes El No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: existing 0 new size Pool: ❑existing 0 new size Barn:❑existing ❑new size oow CmzPN G Attached garage:❑existing O new size Shed:O existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, site plan review# Current Use Proposed Use BUILDER INFORMATION Name O60 04x ��� c4 (o Telephone Number -5 0 Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE �_ ( DATE - i 3 • . ' FOR OFFICIAL USE ONLY i PERMIT NO. DATE ISSUED t MAP/PARCEL NO. Al ? ADDRESS' VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE - ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL. GAS: ROUGH FINAL - 'i FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. I Blk 21123 P:937 -imr-39974 Town of Barnstable oFt�%ti Regulatory Services BAMSPABIA ; Thomas F.Geiler,Director MASS. 039. It.•� Building Division TEcr Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 AGREEMENT FOR FAMILY APARTMENT I(We), the undersigned, being the owner(s) of property situated at 71 WATERFIELD ROAD in OSTERVILLE, MA, holding title under a deed recorded with the Barnstable County Registry of Deeds or Barnstable County District Registry of the Land Court in Booko90;?_Y , Page a,43S , or as Document No. , being shown on Assessors' Map 119 as Parcel 051, hereby agree, certify, warrant and represent to the Town of Barnstable that the accessory attached apartment,which contains living quarters, is intended for use as a family apartment, for year-round occupancy. The intended and authorized use is for EAMONN A.S. TOBIN, SON OF OWNER, ELENA TOBIN, associated with the residential use on the same premises. This unit shall be used for a "Family Apartment" (as defined in Zoning Ordinances) which would require compliance with the Family Apartment Rules and Regulations. This unit shall not be rented as an apartment or as a single room, or in any fashion,which rental would be a violation of the Town of Barnstable's rules, regulations, and zoning ordinances. Prior to occupancy of this unit, affidavits reciting the names of occupants are to be recorded with the building department. This agreement shall be updated whenever a change occurs or every calendar year. This Agreement shall be duly recorded or filed at the Barnstable County Registry of Deeds/Land Court for the purpose of alerting future owners of the property of this binding Agreement concerning the use of the property as herein stated. The consideration for this Agreement is the issuance of a building permit and/or certificate of occupancy by the Town of Barnstable Building Department. WITNESS our hands and seals this day of 200 C�. TOWN OF BARNSTABLE OWNER(S) By: t Building CommissionTASSACHUSETT i THE COMMONWEALTH OF BARNSTABLE'COUNTY, SS Date a•l Then personally appeared the above-named (owner), !r 1 N 6 O�J�l and made oath as to the truth 0 , . _ ginstrument,before me. =r 0vae 8 V,• Notary Public 008 slG�•; v',, ,�;-� My Commission Expires: ( e R ..t" dftor '" b • .....�0 wa`erf;e'dRd" " ' BARNSTABLE REGISTRY OF DEEDS 6/19/06 Tom, Attached application is for a family apartment in a detached cottage. It is a former Amnesty apartment, so it was approved by ZBA in the past; therefore, it doesn't need to go back to ZBA according to Art Traczyk. If you approve, please sign off on application and sign Agreement for Family Apartment. Lois r Walk,,or v;heel to village, Joshua's Pond beach & Dowse's Beach (ocean) WNW 4} met i �'� tF•Y'. 1y M 1i! i. 1�� gym ( tea=•- -. .; v A ' f a i Many upgrades and renovations - New kitchen & guest bedroom Room for Expansion — '/2 Acre Lot Mature Landscaping Floors: Hardwood/Berber/Tile/Carpet New Driveway. Tongue & Groove Pine (Pickled) FAMILY Storage ShedROOM Walls in Living/Dining Room Quiet Neighborhood Uj N ; OFFICE & 0 HALF LAUNDRY BEDROOM BATH DINING AREA MASTER W/pUj BEDROOM o U o - FULL u CLOSET KITCHEN BATH LIVING Heating Oil/FHA ROOM ENTRY Town Water Square Footage 1 157 Title 5 Septic - 3 Bedroom Taxes (2005) $2315 (4 years old) Appliances Stacked Washer/Dryer Fridge Stove Dishwasher (4 years old) Built-In Hood Microwave (4 years old) Air Conditioners (2) Two Cape Cod Cottages! 71 Waterfield Rd, Osterville Detached Cottage (renovated 2003) - Legal Rental - $795/Month Rent $795/month = $132,600 mortgage (30-year @ 6%) $449,900 - $132,600 = $317,300 Net Price 20% Down > $449,900- $89,980 = $359,920 = $2158/MO - $795 = $1363/MO Net P&I ($227,337 Net Mortgage) 15% Down > $449,900- $67.485 = $382,415 = $2293/MO - $795 = $1498/MO Net P&I ($249,854 Net Mortgage) 10% Down >$449,900- $44,990 = $404,910 = $2428/MO - $795 = $1633/MO Net P&I ($272,370 Net Mortgage) It's like having 113 off your monthly mortgage payment - nearly $10,000 per year! = N \Xf €`• :rya, t LIVING BEDROOM k z o k w O ROOM - - - SINK z m ----------------- < z WALK IN > BATH ' ' Z CLOSET ° ROOM -< KITCHEN w ----------------- LAUNDRY O _ TUB/SHOWER & UTILITY ROOM Square Footage 539 Floors Wood Laminate/Tile Appliances Fridge/Stove/Hood/Stacked Washer/Dryer Hook-Up Heating Gas/FHA (Separately Metered - Furnace 1 year old) Electric Separately Metered Water/Sewer Shared with Main House $449,900 (508)428-3121 Pagel of 3 Listing# DOM Listing Price St# Address BD Town Village&ZIP Yr Status Type Selling Price SP%LP Listing Office BA(FH) Lot Sz Sq Ft Tax ID 20506071 76 $425,000 71 Waterfield Rd 3 Barn Osterville 02655 2000 Sold(09/13/05) Single Family $420,000 98.82 Realty Executives 3(2 1) 0.470ac 1506 119-51-0-0-BARN r . Unique property w/2 buildings:Main House; g r' Beautifully maintained,light&bright two bedroom, one and one half bath ranch in great walk to village location!. Features include a large entry foyer/mud room,cathedral beamed ceilings, Master bedroom and dining room with wood floors and tiled kitchen. Detached Cottage; 1 Bedroom/Bath completely 3 remodeled w/nice white kitchen&recessed lighting. The cottage can be legally rented year round.Some restrictions apply.Walk to Joshua's Pond! wit Listin Price Sellin Price Address Listin # $425,000 11$420,000 71 Waterfield Rd, Osterville 02655 20506071 Agent Marie Souza (ID:U1LR)Direct:508-790-2000 Sec Fax:508-790-4005 Office Realty Executives(ID:REAE)Phone: 508-362-1300, FAX: 508-362-1313 Property Type Single Family Property Subtype(s) Single Family Status Sold(09/13/05) DOM 76 Town Barnstable Commission Sub Agent Comm. Buyer Agent Comm. Dual Agent Comm. Dual Var Comm 2.5% 2.5% 2.5% No Facilitator Comm 0 Listing Type Excl. Right to Sell Owner Name McGraw County Barnstable Tax ID 119-51-0-0-BARN Beds 3 Baths (FH) 3(2 1) Structure(approx sq ft) 1506 Sq Ft Source Agent Estimated Lot Sq Ft(approx) 20473 Lot Acres(approx) 0.470 Lot Size Source (Assessors Records) Year Built 2000 Publish To Internet Yes Listing Date 06/06/05 All Office Remarks PLease bring business card to showing with client/customer name on back. Directions To Property Main Street to Pond Street,left onto Waterfield or Bumps River Rd to Pond, Right on Waterfield. Selling Information Selling Price 420,000 Selling Date 09/13/05 Listing Price 425,000 Pending Date 09/01/05 SP%LP 98.82 Original Price 425,000 Financing Conventional Comments Selling Agent Marie Souza(U1 LR) Selling Office Realty Executives(REAE) Listing Page Commission-Other N/A Showing Instructions Appointment Req.,Call Listing Office,Yard Sign General Page Zoning residential Year Built Desc. Approximate, Renovated Total Rooms 7 Total Levels 1.0 Basement Baths 0.0 http://ccimis.rapmis.com/scripts/mgrglspi.dll?APPNAME=Capecod&PRGNAME=MLSPr... 11/4/2005 Page 2 of 3 Level 1 Baths 2.0 Level 2 Baths 0.0 Level 3 Baths 0.0 Basement Yes Basement Description Bulkhead Access Foundation Block Fndation Wing Width 0 Fndation Wing Depth 0 Irregular Yes Lot Depth 0 Lot Width 0 Topography/Lot Desc. Level Association No Annual Assoc.Fee 0 Assoc.Fee Year 0 Garage No #of Cars 0 Parking Description Improved Driveway Year Round Yes Separate Living Qtrs Yes Sep Living Qtrs Desc Detached,First Floor Waterfront No Water View No Convenient To Bike Path,Conservation Area,House of Worship,Marina,Public Tennis,School,Shopping Miles to Beach .1 —3 .3 Beach/Lake/Pond Joshuas Pond Water Access Lake/Pond Beach Description Lake/Pond Beach Ownership Public Street Description Paved Interior Page Fireplace No Number of Fireplaces 0 Master Bedroom 11x11 Level:First Floor Mstr Bdrm Features Closet,Wall to Wall Carpet Bedroom#2 9xl1 Level:First Floor Bedroom#2 Features Closet,Wall to Wall Carpet Foyer OxO Level:First Floor Laundry Room OxO Level:First Floor Living/Dining Combo Yes Living Room 23x12 Level:First Floor Living Room Features Bow/Bay Windows,HU Cable TV,Wood Floor Kitchen/Dining Combo No Kitchen 16x7 Level:First Floor Kitchen Features Breakfast Bar,Vinyl Floor Family Room 11x10 Level: Other Room 1 8x8 Level: Other Room 1 Type Home Office Other Rm 1 Features Wall to Wall Carpet Floors Vinyl,Wall to Wall Carpet,Wood Interior Features Attic Storage,HU Cable TV,HU Washer,Linen Closet Exterior Style Ranch Pool No Dock No Exterior Features Exterior Lighting,Garden,Yard,Outbuilding Roof Description Asphalt,Pitched Siding Description Vinyl/Aluminium Mechanical Heating/Cooling Natural Gas,Oil,Hot Air Water/Sewer/Utility Cable,Septic,Gas,Town Water Hot Water/Water Heat Electric,Tank Legal/Tax Annual Tax 1884 Tax Year 2004 Land Assessments 165000 Improvement Asmt 124900 Other Assessments 0 Total Assessments 289900 Annual Betterment 0.00 Unpaid Betterment 0.00 To Be Assessed Unknown Mass Use Code 101-Single Family http://ccimis.rapmis.com/scripts/mgrqispi.dll?APPNAME=Capecod&PRGNAME=MLSPr... 11/4/2005 Town of Barnstable Regulatory Services snxty S. ag» Thomas F.Geiler,Director `bArEo;D.�a`0 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 June 7, 2006 Ms. Eleana Tobin 71 Waterfield Drive Osterville, Ma. 02655 Re: Illegal Apartment: 71 Waterfield Drive Osterville, Ma. 02655 Map: 168 Parcel: 031 Dear Property Owner: 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. Si cere Lind dson esty Program Zoning Officer Building Department gforms:zoning3 5/25/06 Linda, Do you want to follow up on this? Lois 71 Waterfield Drive, Osterville Robert & Kathryn McGraw Create new unit, garage conversion. Amnesty Certificate of Compliance Issued 7/22/03 COMPREHENSIVE PERMIT RESCINDED 11/3/05 11/9/05 NEW OWNER,ELEANA TOBIN WILL APPLY FOR FAMILY APARTMENT AS OF 5/23/06, NO FAMILY APARTMENT APPLICATION, Parcel Detail Page 1 of 3 ra # t . BARM7A111E t dtAtiS, w 'L a r r -�. _ �' .,. .7, •,.� 1,10 f• Cr�/!J/Yie.yEij . :_ '. S ^� Oyu/. �" Logged In As: Parcel cel Detail Thursday, Mi Parcel Lookup Parcel Info Parcel ID 119-051 I Developer LOT 2 Lot Location 171 WATERFIELD ROAD I Pri Frontage 1100 Sec Road I Sec Frontage village FOSTERVILLE I Fire District C-O-MM Sewer Acct I Road Index 11789 Owner Info Owner ITOBIN, ELENA I Co-owner Streets I PO BOX 377 I Streetz City JOSTERVILLE ( State MA zip 02655 Country F Land Info Acres 10.47 use Multi Hses MDL-01 I zoning (RC Nghbd 0108 Topography I Level ( Road Paved utilities Septic,Gas,Public Water I Location Construction Info Building 1 of 2 Year 1960 I Roof Gable/Hip I Vinyl Siding Built Struct Wall all Effect Roof AC Area 1070 I Cover Asph/F GIs/Cmp I Type None I - __ Int Bed 64 iT;�fits.; Style(Ranch I wall Drywall I Rooms 2 Bedrooms I 4-- ,�_ (�n Residetial Int Bath 1 Full + 1 H Model ' I I Floor I Rooms ,20 --I Grade Average Minus I Heat Hot Air I Total�5 Rooms Type Rooms i° R 6, nd- Stories 11 Story I FuelHeat Oil I F anon Typical Building 2 of 2 http://issql/intranet/propdata/ParcelDetail.aspx?ID=7227 5/25/2006 Parcel Detail Page 2 of 3 Year 2002 I Roof Gable/Hip I Ext Vinyl Siding �I Built Struct Wall Effect 528 I Roof Asph/F GIs/Cmp ( T Ac None I Area Cover ype Style Cottage I tnt Drywall I Bed 1 Bedroom 'AS- Wall Rooms Model I Residential I Floor F I Rooms 1 Full Grade Average I Type Heat IHot Air I Rooms Total I' Rooms I iP Stories 1 Story Heat Gas Found Fuel ation Permit History Issue Date Purpose Permit# Amount Insp Date Comm 4/23/2003 New Addition 68322 $20,000 8/14/2003 12:00:00 AM - Visit History Date Who Purpose 12/14/2005 12:00:00 AM Jason Streebel Mea + Corrected Listing 8/14/2003 12:00:00 AM Martin Flynn Meas/Listed 12/17/1998 12:00:00 AM Donna Dacey Meas/Listed - Sales History Line Sale Date Owner Book/Page Sale P 1 9/13/2005 TOBIN, ELENA 20251/235 2 1/30/2001 MCGRAW, ROBERT JR & KATHRYN TRS 13520/195 3 5/12/2000 MCGRAW, ROBERT D JR & KATHRYN L 13003/073 4 4/15/1988 ZWICKER, SYLVIA A ET ALS TRS 6219/031 5 CENT-OST FIRE DISTRICT 7708/178 6 ZWICKER, SYLVIA A 1975/326 - Assessment History Save# Year Building Value XF Value OB Value Land Value Total Parc( 1 2006 $155,700 $0 $400 $215,300 2 2005 $154,300 $0 $400 $165,000 3 2004 $65,100 $0 $8,100 $165,000 4 2003 $58,400 $0 $8,300 $129,100 5 2002 $58,400 $0 $8,300 $129,100 6 2001 $73,000 $0 $8,300 $129,100 7 2000 $57,600 $0 $8,500 $55,300 8 1999 $56,900 $0 $6,900 $55,300 9 1998 $53,400 $0 $6,900 $55,300 10 1997 $58,600 $0 $0 $48,000 http://issql/intranet/propdata/ParcelDetail.aspx?ID=7227 5/25/2006 Parcel Detail Page 3 of 3 11 1996 $58,600 $0 $0 $48,000 12 1995 $58,600 $0 $0 $48,000 13 1994 $62,900 $0 $0 $43,200 14 1993 $62,900 $0 $0 $43,200 15 1992 $71,600 $0 $0 $48,000 16 1991 $68,800 $0 $0 $95,900 17 1990 $68,800 $0 $0 $95,900 18 1989 $68,800 $0 $0 $95,900 19 1988 $49,300 $0 $0 $54,500 20 1987 $49,300 $0 $0 $54,500 i 21 1986 $49,300 $0 $0 $54,500 I I � Photos http://issql/intranet/propdata/ParcelDetail.aspx?ID=7227 5/25/2006 5/25/06 Linda, Do you want to follow up on this? Lois 71 Waterfield Drive, Osterville Robert & Kathryn McGraw Create new unit, garage conversion. Amnesty Certificate of Compliance Issued 7/22/03 COMPREHENSIVE PERMIT RESCINDED 11/3/05 11/9/05 NEW OWNER, ELEANA TOBIN WILL APPLY FOR FAMILY APARTMENT AS OF 5/23/06,NO FAMILY APARTMENT APPLICATION, Parcgl Detail Page 1 of 3 V. i! KPICa'- M , y�?^`4 End 1 `�:$'/' �����y�l'iC�ifiT r ,�• <s ' Logged In As: Parcel Detail Thursday, Mi Parcel Lookup Parcel Info er Parcel ID 119-051 I Developot!LOT 2 Location 171 WATERFIELD ROAD I Pri Frontage 1100 Sec Road I I Sec Frontage F village ;OSTERVILLE �I Fire District C O MM Sewer Acct I Road Index 1 889 Owner Info Owner ITO IB N ELENA Co-Owner r� Streets I PO BOX 377 Streetz I City OSTERVILLE State MA zip 02655 Country - Land Info Acres 10.447 use iMult�MDL-01 zoning RC Nghbd 10108 Topography Level Road !Paved Utilities Septic,Gas,Public Water Location - Construction Info Building 1 of 2 Year 11960 Roof 1 Gable/Hip I Ext Vin I Siding Built I Struct Wall I y g Effect Roof F AC Asph/F GIs/Cmp n , Area 1070 Cover I Type None ,,. Style`Ranch wall Drywall Rooms Bed 2 BedroomsIn Bath Model Residential Floor 1 I Rooms 11 Full + 1 H Grade jAverage Minus Type,Hots Air I RoomTota2 Rooms �s- Stories I1 Story eat I �OII I Found- Fuelation'Typical Building 2 of 2 http://issql/intranet/propdata/ParcelDetail.aspx?ID=7227 5/25/2006 i Parcel Detail Page 2 of 3 4 fl Year Ext ilt 2002 Roof Bu Struct Wall Gable/Hip all Vinyl Siding Effect 528 Root Asph/F GIs/Cmp AC None Area Cover Type Int style Cottage Wall IDrywall I Bed R 1 Bedroom s ooms - , Model lResidential Int r— Bath 1 Full Floor I I Rooms Grade(Average Type r,7 Total I Hot Air I Rooms 13 Rooms Stories 1 Story I Heat iGas Found- e Fuel ation�- Permit History Issue Date Purpose Permit# Amount Insp Date Comm 4/23/2003 New Addition 68322 $20,000 8/14/2003 12:00:00 AM - Visit History Date Who Purpose 12/14/2005 12:00:00 AM Jason Streebel Mea + Corrected Listing 8/14/2003 12:00:00 AM Martin Flynn Meas/Listed 12/17/1998 12:00:00 AM Donna Dacey Meas/Listed Sales History Line Sale Date Owner Book/Page Sale P 1 9/13/2005 TOBIN, ELENA 20251/235 2 1/30/2001 MCGRAW, ROBERT JR & KATHRYN TRS 13520/195 3 5/12/2000 MCGRAW, ROBERT D JR & KATHRYN L 13003/073 4 4/15/1988 ZWICKER, SYLVIA A ET ALS TRS 6219/031 5 CENT-OST FIRE DISTRICT 7708/178 6 ZWICKER, SYLVIA A 1975/326 - Assessment History Save# Year Building Value XF Value OB Value Land Value Total Parce 1 2006 $155,700 $0 $400 $215,300 2 2005 $154,300 $0 $400 $165,000 3 2004 $65,100 $0 $8,100 $165,000 4 2003 $58,400 $0 $8,300 $129,100 ; 5 2002 $58,400 $0 $8,300 $129,100 6 2001 $73,001 $0 $8,300 $129,100 7 2000 $57,600 $0 $8,500 $55,300 8 1999 $56,900 $0 $6,900 $55,300 9 1998 $53,400 $0 $6,900 $55,300 10 1997 $58,600 $0 $0 $48,000 http://issql/intranet/propdata/PareelDetail.aspx?ID=7227 5/25/2006 ' Bk 20685 Ps 151 -aw-521 1 ,. .01-26-2006 a 12 = 23v MMWAB8 MABB ro uvy' Town of Barnstable Zoning Board of Appeals . Decision—Rescinded Comprehensive Permit McGraw—Appeal 2003-13 Comprehensive Permit—MGL Chapter 40B Summary Determination that Comprehensive Permit is Rescinded Applicant(s): Robert Jr. and Kathryn McGraw Property Address: 71 Waterfield Road, Osterville, MA Assessor's Map/Parcel: Map 119 Parcel 051 Zoning: Residential C and Wellhead Protection Overlay District Background: Robert Jr. and Kathryn McGraw applied to the town of Barnstable for a comprehensive permit under the Accessory Affordable Housing Program pursuant to Article II of Chapter Nine of Part 1, General Ordinances of the Code of the town of Barnstable. The applicants were seeking to convert the existing detached garage into a one-bedroom accessory affordable apartment. 'E_ Comprehensive Permit Number 2003-13 was issued to the applicants on April 10, 2003, and a Regulatory \ Agreement and Declaration of Restricted Covenants was recorded at the Barnstable Registry of Deeds. Procedural & Hearing Summary: \ A public hearing was duly advertised in accordance with MGL Chapter 40A and notice sent to the $ applicants that the hearing would be held to review and act upon the request. The hearing was opened on October 19, 2005, at which time the Zoning Board of Appeals Hearing Officer made the following Cie finding and decision:. zi Findings of Fact: At the hearing on October 19, 2005, the Zoning Board of Appeals Hearing Officer made the following- findings of fact: In Appeal 2003-13, the applicants,Robert Jr. and Kathryn McGraw, sought to convert an existing detached.garage into a one-bedroom accessory affordable apartment. The property is shown on Assessor's Map 119 Parcel 051, and is commonly addressed as 71 Waterfield Road, Osterville,MA in Residential C and Wellhead Protection Overlay Districts. On April 10, 2003 a comprehensive permit was issued for the property, and a Regulatory Agreement and Declaration of Restrictive Covenants was recorded at the Barnstable Registry of Deeds. On September 13, 2005 the property was sold. Decision: At the hearing on October 19, 2005, the Hearing Officer determined that the comprehensive permit issued to Robert Jr. and Kathryn McGraw for the property.located at 71 Waterfield Road, Osterville, MA is no longer valid due to the sale of the property. Transmission: In accordance with Part II, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code, the Hearing Officer transmitted the written decision to the Zoning.Board of Appeals on October 19, 2005. As fourteen days have elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision, this decision becomes final. Ordered: Comprehensive Permit 2003-13 is null and void. 3 6 Gai ightingale, H ring Off er Dat Sig ed I, Li da Hutchenri er, 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 had been filed in the office of the Town Clerk Signed and sealed this 0'9' day of . /`)1Y'4,4, under the painsm'"A"k-t6 perjury. ;` �.-•�:ri � ,•s ... ! a'<.ar•� .nor;,:• .. Lin la Hutchenrider, :o�:C�3t� ti "' ►+� H , I ti t 11`tir�c.�Fc�k3�n�- BARNSTABLE REGISTRY OF DEEDS 2 Barry, Lois From: Dillen, Elizabeth Sent: Wednesday, November 09, 2005 10:21 AM To: Barry, Lois Subject: RE: 71 Waterfield Road, Osterville Hi Lois - The decision will be final on Nov 24th, and then I will send over the recorded copy. -----Original Message----- From: Barry, Lois Sent: Wednesday, November 09, 2005 10:14 AM To: Dillen, Elizabeth Subject: 71 Waterfield Road,Osterville Hi Beth, Do you have a Determination that Comp. Permit is Rescinded decision on this one? I'm not sure when to officially remove properties from my list. If the new owner, Eleana Tobin, is planning to apply for a family apartment, we should contact her. Lois i 1 r Barry, Lois From: Dillen, Elizabeth Sent: Tuesday, November 08, 2005 12:11 PM To: Edson, Linda Cc: Barry, Lois; Giangregorio, Robin Subject: Status of AAHP Properties for sale FYI -The following properties with Permitted Accessory Apartment Units are either for sale or have recently transferred ownership. If you are aware of others, please let me know! / 1. 111 Longfellow Drive, Centerville - Rita Heidemann J Rita just secured her occupancy permit and then sold the house last week. The new owners will be participating in the Accessory Apartment Program. - 2. 87 Pine Ave, Hyannis -Stephen Morris Mr. Morris passed away in May 2005. 1 have contacted Phillip Boudreau, executor, who is aware of the terms of the Program. He will have the buyer contact me. 3. 71 Waterfield Road, Osterville - Kathy McGraw The new owner, Eleana Tobin, will be applying for a Family Apartment Permit after some repairs are made to the unit-there is currently a flooding problem beneath the cottage that needs to be fixed. 4. 1183 Shootflying Hill Road, Centerville- Deidre Larnis Happened to notice For Sale sign -Will check on status Thanks, Beth r 1 i oFI KIEr Town of Barnstable ` ^ Growth Management Department ' B" MASS. ' 367 Main Street Hyannis,,MA 02601 y Mass. $ ' 1639. A�0 (508) 862-4678 Fax: (508) 862-4782 ED MA'S September 30, 2005 Ms. Elena Tobin 71 Waterfield Road Osterville, MA 02655 Dear Ms. Tobin: It has recently come,to my attention that you purchased the property a071'Waterfield Road in Osterville. As you may be aware, the prior owners had received a comprehensive permit for an affordable accessory apartment at this address. The permit issued to Robert and Kathy McGraw will be revoked at the Zoning Board of Appeals hearing on November 30, 2005. Please contact me at your earliest convenience at (508) 862-4683 to discuss the status of the unit at 71 Waterfield Road. Thank you for your cooperation, and I look forward to hearing from you. Sincerely, i � � os izabeth Dillen rogram Coordinator . I 0 Cj <3 C ) T- Cc: Tom Perry, Building Commissioner Barry, Lois From: Dillen, Elizabeth Sent: Tuesday, August 30, 2005 10:49 AM To: Barry, Lois Cc: Edson, Linda Subject: RE: 71 Waterfield Road, Osterville Hi Lois- The sale of the home is still pending, and the realtor(Marie Souza) is aware that the unit is restricted to amnesty or family. -----Original Message----- From: Barry, Lois Sent: Monday,August 29, 2005 12:36 PM To: Dillen, Elizabeth Subject: 71 Waterfield Road,Osterville Hi Beth, Linda Edson gave me a copy of the listing sheet on this Amnesty property. The listing reads"The cottage can be legally rented year round. Some restrictions apply." Have the current owners been in touch with you? Lois 1 Barry, Lois To: Dillen, Elizabeth Subject: 71 Waterfield Road, Osterville Hi Beth, Linda Edson gave me a copy of the listing sheet on this Amnesty property. The listing reads "The cottage can be legally rented year round. Some restrictions apply." Have the current owners been in touch with you? Lois 1 I r Listing Detail - Single Family Page 1 of 3 Listing Detail - Single Family Item 56 of 102 View Listing# << Previous Next>> Back to List (56) 20506071 Go *In Cart Total in Listing Cart: 7 Add to Listing Cart Listing# DOM Listing Price St# Address BD Town Village&ZIP Yr Status Type Listing Office BA(FH) Lot Sz Sq Ft Tax ID 20506071 21 $425,000 71 Waterfield Rd 3 Barn Osterville 02655 2000 Pndg w/Contingencies(07/08/05) Single Family Realty Executives 3(2 1) 0.470ac* 1506 119-51-0-0-BARN Printer Friendly Version Irk e r " Unique property w/2 buildings:Main House; Beautifully maintained,light&bright two bedroom, one and one half bath ranch in great walk to village location!. Features include a large entry foyer/mud room,cathedral beamed ceilings,Master bedroom and dining room with wood floors and tiled kitchen. 6 f, Detached Cottage; 1 Bedroom/Bath completely remodeled w/nice white kitchen&recessed lighting. The cottage can be legally rented year round.Some restrictions apply.Walk to Joshua's Pond! of 11 `00 See Additional Pictures See Virtual Media Show Attached Documents See Mao Listing Price Selling Price Address Listing# $425,000 71 Waterfield Rd, Osterville 02655 20506071 Agent Marie Souza ITI (ID:U1LR)Direct:508-790-2000 Sec Fax:508-790-4005 Office Realty Executives(ID:REAE)Phone:508-362-1300, FAX:508-362-1313 Property Type Single Family Property Subtype(s) p y Single Family Status Pndg w/Contingencies(07/08/05) DOM 21 Town Barnstable Commission Sub Agent Comm. Buyer Agent Comm. Dual Agent Comm. Dual Var Comm 2.5% 2.5% 2.5% No Listing Type Excl.Right to Sell Owner Name McGraw County Barnstable Tax ID 119-51-0-0-BARN Beds 3 Baths (FH) 3(2 1) Structure(approx sq ft) 1506 Sq Ft Source Agent Estimated Lot Sq Ft(approx) 20473* Lot Acres(approx) 0.470 Lot Size Source (Assessors Records' Year Built 2000 Publish To Internet Yes Listing Date 06/06/05 All Office Remarks PLease bring business card to showing with client/customer name on back. Directions To Property Main Street to Pond Street,left onto Waterfield or Bumps River Rd to Pond, Right on Waterfield. Listing Page Commission-Other N/A Showing Instructions Appointment Req.,Call Listing Office,Yard Sign General Page Zoning residential L _ ttn; cvim1-_ranmlcr.nm/cnrintc/marn,ct„ .111 I Listing Detail - Single Family Page 2 of 3 Year Built Desc. Approximate,Renovated Total Rooms 7 Total Levels 1.0 Basement Baths 0.0 Level 1 Baths 2.0 Level 2 Baths 0.0 Level 3 Baths 0.0 Basement Yes Basement Description Bulkhead Access Foundation Block Fndation Wing Width 0 Fndation Wing Depth 0 Irregular Yes Lot Depth 0 Lot Width 0 Topography/Lot Desc. Level Association No Annual Assoc.Fee 0 Assoc.Fee Year 0 Garage No #of Cars 0 Parking Description Improved Driveway Year Round Yes Separate Living Qtrs Yes Sep Living Qtrs Desc Detached,First Floor Waterfront No Water View No Convenient To Bike Path,Conservation Area,House of Worship,Marina,Public Tennis,School,Shopping Miles to Beach .1 _•3 Beach/Lake/Pond Joshuas Pond Water Access Lake/Pond Beach Description Lake/Pond Beach Ownership Public Street Description Paved Interior Page Fireplace No Number of Fireplaces 0 Master Bedroom 11x11 Level:First Floor Mstr Bdrm Features Closet,Wall to Wall Carpet Bedroom#2 9x11 Level:First Floor Bedroom#2 Features Closet,Wall to Wall Carpet Foyer Ox0 Level:First Floor Laundry Room OxO Level:First Floor Living/Dining Combo Yes Living Room 23x12 Level:First Floor Living Room Features Bow/Bay Windows,HU Cable TV,Wood Floor Kitchen/Dining Combo No Kitchen 16x7 Level:First Floor Kitchen Features Breakfast Bar,Vinyl Floor Family Room 1 1x1 0 Level: Other Room 1 8x8 Level: Other Room 1 Type Home Office Other Rm 1 Features Wall to Wall Carpet Floors Vinyl,Wall to Wall Carpet,Wood Interior Features Attic Storage,HU Cable TV,HU Washer,Linen Closet Exterior Style Ranch Pool No Dock No Exterior Features Exterior Lighting,Garden,Yard,Outbuilding Roof Description Asphalt,Pitched Siding Description Vinyl/Aluminium Mechanical Heating/Cooling Natural Gas,Oil,Hot Air Water/Sewer/Utility Cable,Septic,Gas,Town Water Hot Water/Water Heat Electric,Tank I Legal/Tax Annual Tax 1884 Tax Year 2004 Land Assessments 165000 Improvement Asmt 124900 Other Assessments 0 Total Assessments 289900 h"://ccimis.raDmis.Com/scrint�/marn;cni rill Listing Detail - Single Family Page 3 of 3 Annual Betterment 0.00 Unpaid Betterment 0.00 To Be Assessed Unknown Mass Use Code 101-Single Family Title Reference-Book 13520 Title Reference-Page 195 Land Court Cert# 0 Underground Fuel Tnk No Lead Paint Unknown Flood Zone Unknown Copy the following hyperlink text and paste it into a Web browser to access a public view of this listing. Hyperlink to"Public View" Copy Link to Clipboard Preview Link http://ccimis.rapmis.com/scripts/mgrgispi.dll?APPNAME=Capecod&PRGNAME=MLSLogin&ARGUMENT=Oh3ygMC6wrbOTEpLDp%2Fj I Property History Denotes information autofilled from tax records. `:Repo s,4 E�zpor�s�r� : E, rnai Item 56 of 102 View Listing# << Previous Next>> Back to List (56) 20506071 mGo •In Cart Total in Listing Cart:7 Add to Listing Cart Generated:8/26/05 3:22pm Session Timeout in:58 minutes Agents/Offices I Reload Page MLS Listing Detail(3)v256.23 _ Information has not been verified,is not guaranteed,and is subject to change.Copyright 2005 Cape Cod&Islands atatat, ,w ' Multiple Listing Service,Inc.All rights reserved - Copyright©2005 Rapattoni Corporation.All rights reserved. TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 1`q Parcel D 51 Permit# r( Health Division 00—� DeS'� Date Issued Conservation Division �� &T14Application F e p t7 �o Tax Collector Permit Fee Treasurer Planning Dept. Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address Villagev d Owner o�) 6-U N G CGj J Address 11 k)n,+Z -Ri 2.1A kA , 0S+e_4ry 111e_ 0A Telephone f50o\14.z 8-3 iZ, I ""ME- (509)-7-71 "7774 X-7 IA"RX_ Permit Request i O/V- --kVJr-00M r e,,4E- un Pn��� �Ll �a C_ a ,�•1 0� �'hm.�(�J �rc�c3Ks Square feet: 1st floor: existing proposed s7(r 2nd floor: existing proposed Total�he�wD Zoning District Pe51 Flood Plain Groundwater Overlay VTP Project Valuation Construction Type Lot Size 0, 47 azGre S Grandfathered: ❑Yes VVo If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units)) , Age of Existing Structure , 6 VPS Historic House: ❑Yes �'No On Old King's Highway: ❑Yes fgNo Basement Type: ❑ Full ®Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) A/ //9 Basement Unfinished Area(sq.ft) Number of Baths: Full: existing Ch new Half:existing new Number of Bedrooms: existing new =� Total Room Count(not including baths):existing new First Floor Room Count Heat Type and Fuel: tad Gr/as ❑Oil ❑Electric ❑Other Central Air: ❑Yes t(No Fireplaces: Existing New Existing wood/coal stove: ❑Yes R<o Detached garage:&1 existing ❑new size Pool:❑existing Cl new size N f/ Barn:❑existing ❑new size Attached garage:❑existing ❑new size '— Shed:,O existing ❑new size Other: `~ Zoning Board of Appeals Authorization Appeal# 7-003 13-M GCO`Recorded t/ Commercial ❑Yes 5d No If yes,site plan review# Current Use Proposed Use CaSSo ✓ b� BUILDER INFORMATION Name � `2�f ��� �-�� C /� Telephone Number c _ Address l Q l i/yL/'}'/-V �' License# 3 aPu�lJ Home Improvement Contractor# 1 -3 2 7 Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE `' DATE Lz// �� FOR OFFICIAL USE ONLY PERMIT NO. v DATE ISSUED- MAP/PARCEL NO. � ADDRESS - VILLAGE OWNER DATE OF INSPECTION: p FOUNDATION _ FRAME INSULATION b'\ - FIREPLACE ELECTRICAL: ROUGH _• FINAL' - PLUMBING: ROUGH FINAL. - . ,GAS:GAS.. ROUGH FINAL ' FINALBUILDINEJ 7- 61:11 .� "DATE CLOSED OUT o ASSOCIATION PLAN NO. h r �3 z z RESIDENTIAL BUILDING PERMIT FEES C�� APPLICATION FEE $50.00 O p Ch ew t k t New Buildings,Additions Alterations/Renovations $25.00 Building Permit Amendment $25.00 FEE VALUE WORKSHEET NEW LIVING SPACE square feet x$96/sq.foot= x.0031= plus from below(if applicable) ALTERATIONS//RENOVATIONS OF EXISTING SPACE � dd-7—square feet x$64/sq.foot= 7 Q 1P x.0031= /o o plus from below(if applicable) GARAGES(attached&detached) square feet x$32/sq.ft.= x.0031= ACCESSORY STRUCTURE>120 sq.ft. >120 sf- 500 sf $35.00 >500 sf-750 sf 50.00 >750 sf- 1000 sf 75.00 >1000 sf- 1500 sf 100.00 >1500 sf-Same as new building permit: square feet x$96/sq.foot= x.0031= STAND ALONE PERMITS Open Porch x$30.00= (number) Deck x$30.00= (number) Fireplace/Chimney x$25.00= (number) Inground Swimming Pool $60.00 Above Ground Swimming Pool $25.00 Relocation/Moving $150.00 (plus above if applicable) -�� s Permit Fee i °FZHE Town of Barnstable ti Regulatory Services BAMS'^BLE, Thomas F.Geiler,Director I v� MASS `0g ArFo �a Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Permit no. Date AFFIDAVIT 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. 011 Type.of Work: 11�' �A I i't/ Ar A� Estimated Cost 3 0 01 Address of Work: l (AJ 41-" VI-L— f Owner's Name: Date of Application: 1P v I hereby certify that: Registration is not required for the following reason(s): OWork excluded by law ❑Job Under$1,000 OBuilding not owner-occupied ❑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 PENALTI0 ES 0 PERJURY I hereby ly for a p rmit as the agent of the owner: 72,-- 7 Date Contractor i4alte Registration No. OR Date Owner's Name Q:forms:homeaffidav _ The Commonwealth of Massachusetts r= Department of Industrial Accidents — Office of/oiestfgatiaas _ _ t 600 Washington Street Boston,Mass. 02111 Workers' Cam ensation Insurance Affidavit � name: C , tolocation: �—� �� L°�� AIM—— hone# ❑ I am a homeowner performing all work myself. ❑ I am a sole Proprietor and have no one worku in a ca achy er rovidin workers' co ensation for my employees worldng on this job. an era 1 .:...........:.:........ I am P g :..:::::::::::::: ?-::,.:,.:::..:?::r.................r..:...;.::.:4:.}}:.::}i}:..i?4}:.}:.};.: i}4}<;::::;: :::..............:..:.:.............. ... .:.:.. . . ::: .. r... . . OtII 8IIY naafi e t A r .... 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Faitm a to secure coverage as required raider Section 25A of MGL 152 can lead to the iatpositlon of aritnitral penalties o[a Sae np to S1,SOO.QO and/or one years,imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a Sae of 5100.00 a day against me: I mrdetstrmd that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification Ida hereby certify under th pests and Pen /aj ury that the information provided above is true and co red Date Signature Print name Phone# official use only do not write in this area to be completed by city or town official city or town permit/license# ❑��g Department ❑Llceruing Board nse is re uired ❑Selectmcn's office ❑check if immediate rYspo q ❑Health Department contact person: phone#; ❑der armed 9/95 PJA) 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 employer is defined as an individual,partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance , construction or repair work on such dwelling house or on the grounds or not because of such employment be deemed to be an employer. building appurtenant thereto shall MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. ' Applicants z 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 maybe .w; submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign an (;_ date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the 'law'or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. 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 pennit/license number which will be used as a reference number. The affidavits may be retumed'to the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions. please do not hesitate to give us a call. 'The Departrneat's address,telephone and fax number. The Commonwealth Of Massachusetts Department of Industrial Accidents Otflce of Investigauans 600 Washington Street Boston,-Ma. 02111 fax#: (617) 727-7749 phone #: (617) 727-4900 eat. 406, 409 or 375 r 7$0 CMR Appendix J Table JS.Zlb(continued) Prescriptive Packages for One and Two-Family Residential Buildings Heated with F090 Fueb MAXIMUM MINIMUM Glazing Glazing Ceiling Wall Floor Basement Slab Heating/Cooling Atcal('/a) U-value= R-value' R-value' R-value° Wall perimeter Egtupment Efficiency' Package I I R value° R-value' 5701 to 6500 Hating Degree Days' Q 12% 0.40 38 13 19 10 6 Normal R 120/6 0.52 30 19 19 10 6 Normal S 12% 0.50 38 13 19 10 6 85 AFUE T 15% 0.36 38 13 25 N/A N/A Normal U 15% 0.46 38 19 19 10 6 Noramal V 15% 0.44 38 13 25 N/A N/A 85 AFUE W 15% 0.52 30 19 19 10 6 85 AFUE X 19% 0.32 38 13 25 N/A N/A Noramal Y 18% ' 0.42 38 19 25 N/A N/A Noramal Z 18% 0.42 38 13 19 10 6 90 AFUE AA 19% 0.50 30 19 19 10 6 90 AFUE 1. ADDRESS OF PROPERTY: 2. SQUARE FOOTAGE OF ALL EXTERIOR WALLS: I 3. SQUARE FOOTAGE OF ALL GLAZING: 4. %GLAZING AREA(#3 DIVIDED BY#2): ► ® � 5. SELECT PACKAGE(Q--AA-see chart above): NOTE: OTHER MORE INVOLVED METHODS OF DETERMINING ENERGY REQUIREMENTS ARE AVAILABLE. ASK US FOR THIS INFORMATION. BUILDING INSPECTOR APPROVAL: YES: NO: q-forms-f980303a 780 CMR Appendix J Footnotes to Table A2.1b: Glazing area is-the ratio of the area of the glazing assemblies (including sliding-glass doors, skylights, and basement windows if located in walls that enclose conditioned space,but excluding opaque doors)to the gross wall area, expressed as a percentage. Up to 1%.of the total glazing area maybe excluded from the U-value requirement. For example,3 ft of decorative glass may be excluded from a building design with 300 ft of glazing area. z After January 1, 1999, glazing U-values must be tested and documented by the manufacturer in accordance with the National Fenestration Rating Council (NFRC) test procedure, or taken from Table J1.5.3a. U-values are for whole units:center-of-glass U-values cannot be used. ' The ceiling.R-values do not assume a raised or oversized truss construction. If the insulation achieves the full insulation thickness over the exterior walls without compression, R-30 insulation may be substituted for R-38 insulation and R-38 insulation may be substituted for R-49 insulation. Ceiling R-values represent the sum of cavity insulation plus insulating sheathing (if used). For ventilated ceilings, insulating sheathing must be placed between the conditioned space and the ventilated portion of the roof. 'Wall R-values represent the sum.of the wall cavity insulation plus insulating sheathing (if used). Do not include exterior siding, structural sheathing, and interior drywall. For example,an R-19 requirement could be met EITHER by R-19 cavity insulation OR R-13 cavity insulation plus R-6 insulating sheathing. Wall requirements apply to wood-frame or mass(concrete,masonry,log)wall constructions,but do not apply to metal-frame construction. 'The floor requirements apply to floors over unconditioned spaces(such as unconditioned cmwlspaces,basements, or garages). Floors over outside air must meet the ceiling requirements. `The'entire opaque portion of any individual basement wall with an average depth less than 50%below grade must meet the same R-value requirement as above-grade walls. Windows and sliding glass doors of conditioned bz.sements must be included with the other glazing. Basement doors must meet the door U-value requirement &scribed in Note b. 'The R-value requirements are for unheated slabs.Add an additional R-2 for heated slabs. ' If the building utilizes electric resistance heating use compliance approach 3;4, or 5. If you plan to install more than one piece otheating equipment or more than one piece of cooling equipment, the,equipment with the lowest efficiency must meet or exceed the efficiency required by the selected package. 'For Heating Degree Day requirements of the closest city or town see Table J5.2.Ia NOTES: a) Glazing areas and U-values are maximum acceptable levels. Insulation R-values are minimum acceptable levels. R-value requirements are for insulation only and do not include structural components. b)Opaque doors in the building envelope must have a U-value no greater than 0.35. Door U-values must be tested and documented by the manufacturer in accordance with the NFRC test procedure or taken from the door U-value in Table J1.5.3b. If a door contains glass and an aggregate U-value rating for that door is not available, include the glass area of the door with your windows and use the opaque door U-value to determine compliance of the door. One door may be excluded from this requirement(Le.,may have a U-value greater than 0.35). c)If a ceiling,wall, floor,basement wall,slab-edge,or crawl space wall component includes two or more areas with different insulation levels, the component complies if the area-weighted average R-value is greater than or equal to the R-value requirement for that component. Glazing or door components comply if the area-weighted average U- value of all windows or doors is less than or equal to the U-value requirement(0.35 for doors). 43 04/18/2003 04:03 FAX 5087756645 ISLANDAIRLINES 1101 I . Town of Barnstable g Regulatory Services t wwRIAMA ' Thomas F.Geiler,Director M"s Building Division , Tom Perry, Building Couuaissioner 200 Maiu Street, Hyannis,IMA 02601 Office: 508-862-403 8 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder t, M C.�✓�3�} ,as Owner of the subject property hereby authorize Fytp�- �A 'Ae.An n C L to act on=y behalf, in all matters relative to work authorized bythis building perrnit application for(address of job) S�gna r Date Priat Name -— I j t� �f'w. —IIi 4.rr '"� r- r .� r r`�xF^„—+— i�t .k x ,�-•,-,`r am-,1t".-:Ya=.�+•4,^-r Sw--. .w r"'- {••-ti. N—Sb 27 03 02 49p H DUNN ,I -S!O8 7159 7.17' 7 �O. �p,p�7,•�;�`y Y a+ .: :.,..... .. ...,.. A A-LCQRDTF IS.ISSUED AS A g P,VDE DO ATTFR 0 1N OR ATION r TFI15 CFRTI.IC - .. ONNiY AND CON FRS' MO RIGHTS' UQON: THE CFRTb bCATF• . G. DUNN INS . 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Man 119 F:\dgn\conservation.dgn 04/18/03 03:49:05 PM - OT � a� ieeae4!o '4 BOAIO", �O IL�INC�cF2�GU1��Ta10 �i. iL•ieense C'ONTF2UCTIOSUEf2�/'ts Numbje`r � °* 08 � r �rh : oass ba 251S. �6.7• � bt FRANK J HEIpENRIC • � '.1�•�1.4,©�4��IVIAIN�ST UN:1�=?�8F��'`� r-;�t� � .�!' �. 1 �O`StTl2\%ILLE 02 ,- 'Al ✓/xe �oavnzo.uueal!/z o�. aaaac/ucaelta `. Board of Building Regulations and Standards HOME IMPROVEMENT CONTRACTOR' i Reg istra o\- 29372 T,Ezp_fi atiQn:=gj2Q(2003 —:Tntlividual Frank Heidenrich' \ Frank heidenrich t046 Main St. i Osterville,MA 02655 Administrator Bk 16771 P0254 04-18-2003 a'1 12= 59P REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this day of 4 /;f L ,2003,by and between Robert D. McGraw,Jr. and Kathryn L. McGraw of 71 Waterfield Roa ,Osterville,MA 02655,and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (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 bythe 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 71 Waterfield Road, Osterville,MA, as further described in Exhibit"A" hereto annexed. B. The Project located at 71 Waterfield Road,Osterville,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"). G The Owner agrees to construct the Project in accordance with the terms of the comprehensive permit, Appeal No. 2003-13 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"). D. The Owner agrees to occupy the principal dwelling unit located on the property as their year round 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 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, 1 t 1. i r _y B1 1,6771 P0255 �47124 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. 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 perpetuityto 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 bythe 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 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. IV. 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-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. 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 2 Bk 16771 Ps 2 Z6 4147124 registration number of the Agreement. VI GOVERNING OF AGREEMENT: This Agreement shall be governed bythe 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 parry 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 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 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 W. XI. - 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. 3 • Bk 16771 Ps257 OW47124 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 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 mayperfect such a lien on the Project byrecording 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 consent to this Agreement. IN WITNESS WHEREOF,we hereunto set our hands and seals this�7 day of �> �- ,200 3. OWNER OWNER BY: BY: Printed: Robert D:McGraw, r. Printed: Kathryn L.McGraw TOWN OF BARN TABLE BY: signature Printed:To C Klimm,Town Manager 4 1 16771 7 c a +? COMMONWEALTH OF MASSACHUSEM County of Barnstable,ss: C��2/L✓� l ,200 I _ Then personally appeared the above-named cy ` C ,��s OWNER and acknowledged the foregoing instrument to be his/her free act and deed,before me. Paulette Thorcr;-McAuliffe rnmmnngt- - hwsett3 NotaryPubWy Commi. _. i/04/ g Printed: N11,10,,,/ My Commission Expires: -` eww �vt �,,''�•,. COMMONWEALTH OF MASSACHUSETTS ?�� ��� � County of Barnstable,ss: Then personally appeared the above named /• g cALZt �•�`G+ �2 ,as OWNER and aclnowled ed`the ��a���,�uua���c'•, foregoing instrument to be his/her free act and deed, efore me. Paulette Theresa-McAuliffe Commonwealth of Massachusetts NotaryPublMy Commission Expires 7/04/2008 Printed: MyCornrrlission Expires „' -„��,, COMMONWEALTHOF MASSACHUSETTS �+ ��° •w County of Barnstable,ss: i :''%, '••..••• •'@c 20Qa. .. Then personally appeared the above-named TO (/V'►•'l m ,Town Manager for the Town of Barnstable and acknowledged the foregoing instrument to be his/her free act and deed,before me. ro �� I cam-,IA-Y Notary Public Printed: M A))C L 10 C T A`f LO My Commission Expires: ,••._�...•.s.. MADELINE P.TA LOH� Notary Public Commonwealth of Massachusetts r My Commission Expires •'•���,,,.,,,,,,,,����I December 4,2009 �•. " : 5 i RN ` Bk 16771 F•s2+51 `4.7124- EXHIBIT b IuvahJ C! BARN S W%,Q1 r. MASS. T13 MA Town of Barnstable. Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2003-13 - McGraw Applicant: Robert Jr.&Kathryn McGraw Property Address: 71 Waterfield Road,Osterville,MA Assessor's Map/Parcel: Map 119 Parcel 051 Zoning: Residential C Zoning District Groundwater Overlay: WP Wellhead Protection Overlay District Applicant The applicants are Robert Jr., & Kathryn McGraw,who reside at 71 Waterfield Road, Osterville, M.A. They are the individuals to whom this Comprehensive Permit is issued to create an accessory apartment unit near the front of the single-family dwelling in a pre-existing detached garage as an affordable rental in accordance with all conditions of this permit. Relief Requested: The applicants have applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts,Chapter 40B — §20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,Pre-existing&Unpermitted Dwellings,more commonly termed the "Accessory Affordable Housing Program." The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 3-1.3 (2) of the Zoning Ordinance—Accessory Uses to permit an accessory apartment unit to a single-family owner-occupied residential dwelling.The issuance of this Comprehensive Permit would allow for an owner- occupied single-family residence with an accessory affordable apartment detached from the single-family dwelling. Locus and Background: The property is a .47 acre lot that is developed with a 2-bedroom, 11/2-bathroom, 1,157 square foot, Ranch Style family dwelling with a pre-existing detached garage. The applicants have owned the property for two years. The applicants heard about the Accessory Affordable Housing Program through local media and have decided to create an accessory affordable apartment. The proposed accessory unit is to be created within the existing floor print of the detached garage. It will be a one-bedroom unit at approximately 539 square feet. The locus is in a Residential C,in WP Wellhead Protection Overlay District. Procedural Summary: This appeal was 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 and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on March 5, 2003,at which time the Hearing Officer read into the record correspondence that was submitted from abutters opposing the application by the following: Charles &Kathy Foley,Myrna Williams,Errol&Vicci Thompson,and Peter&Helen Cronin. After a brief explanation of the program,plus,reviewing the competed application,the Comprehensive Permit was granted. The Hearing Officer,Gail Nightingale, presided over the public hearing. Also present were Paulette Theresa-McAuliffe,Accessory Affordable Housing Program Coordinator,and Michelle McKinstry,Barnstable Housing Authority. r Bk 16771 Po262 a47124 Findings as to Standing and The Comprehensive Permit: At the March 5,2003 hearing, the Hearing Officer made the following findings of fact: 1. The applicants are Robert Jr. &Kathryn McGraw with an address of 71 Waterfield Road, Osterville, MA. They have owned the property since January 30,2001 as documented and recorded at the Registry of Deeds in Book 13003,page 071. They are requesting a Comprehensive Permit to create an affordable rental apartment to be accessory to the single-family owner-occupied residential dwelling. The applicants have submitted a copy of a certified deed recorded at the Barnstable Registry of Deeds documenting their ownership of the property. 2. The applicants were issued a site approval letter dated January 24,2003 from Kevin Shea, Director,Office of Community&Economic Development,qualifying the application for the Accessory Affordable Housing Program. The source of the subsidy is the federal Community Development Block Grant.(CDBG)program. 3. The proposed rental unit will be approximately 539_square_feet,and will-have one bedroom. It will be located in the pre-existing detached garage nearby the main house. 4. According to the Assessor's record, there is a total of 2 bedrooms on the property in the main house. The site is in the WP Wellhead Protection Overlay District. The Public Health Division approved the septic system at the site for a total of 3 bedrooms as per the Housing Amnesty/Public Health Form dated December 17,2002. 5. The Barnstable Housing Authority completed an inspection of the property on December 12,2002. The applicants are aware that a final inspection by the Building Division will be required and that all improvements necessary to assure that the unit meets applicable minimum state and local code requirements must be completed. 6. On December 16,2002,the applicants signed an Accessory Affordable Housing (Amnesty] Program Affidavit agreeing to comply with the program's requirements,including owner occupancy of the principal dwelling and further agreeing to comply with the provisions set forth in Article LXV(65) of the Town Ordinances that include their signing and recording of the Regulatory Agreement&Declaration of Restrictive Covenants. The subsidizing agency has determined that the signing and recording of the regulatory agreement qualifies the applicants as a"limited dividend organization" as that term is used under M.G.L.c.40B %20-23. 7. Under Chapter 3,Article LXV (65) of the Town Ordinances,the affordable unit must be rented at an affordable rent to a person or family whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yammouth Metropolitan Statistical Area(NSA). 8. The Barnstable Housing Authority has agreed to serve as the monitoring agent for this affordable rental unit. 9. According to the Massachusetts Department of Housing and Community Development,as of January 10, 2003,4.91% of the town's year-round housing stock qualified as affordable housing units. The town has not reached the statutory minimum under M.G.L. c. 40B%20-23 or its implementing regulations. Under the Town of Barnstable's Local Comprehensive Plan,the use of existing housing to create affordable units and the dispersal of these units throughout the town is encouraged. 2 Bk 16771 Po263 =47124 Ruling and Conditions: Based upon the findings,the applicant(s) is granted a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts,Chapter 40B —%20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV, "Pre-existing and Unpermitted Dwelling Units and for New Dwelling Units in Existing Structures," more commonly termed the "Accessory Affordable Housing Program" The granting of this Comprehensive Permit is to the applicants, Robert Jr. & Kathryn McGraw. It is issued to permit the creation of an accessory apartment of 539 square feet to a single-family owner-occupied residential dwelling, subject to the following conditions: 1. The property owners shall occupy the principal dwelling as their year-round residence. 2. Occupancy of the_affordable_unit shall not exceed two-people. 3. This unit shall not be occupied by a family member. 4. To meet the requirements of affordability,the applicant must rent the unit to a person or family whose income is 80% or less of the Area Median Incomie (AMI) of Bamstable-Yarmouth Metropolitan Statistical Area(MSA),adjusted by household size. The monthly rent payable by a household inclusive of 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 bythe Barnstable Housing Authority shall be deducted from rent level so calculated. 5. All leases shall have a minimum term of one year. 6. Prior to receiving an occupancy permit for the affordable unit,the applicant(s) shall have the unit re-inspected by the Building Division to assure that all necessary requirements are met according to minimum state building and fire codes. It shall also be reviewed by the Health Division to assure compliance with applicable on-site wastewater discharge requirements. 7. The applicants may select their own tenant(s) provided the tenant(s) meet all requirements of the program and provided that person(s) income is reviewed and approved by the Barnstable Housing Authority as a qualified individual. The applicants will be required to work with the Housing Authority to provide information necessary to document that the tenant(s) qualify. To insure that the unit is rented in an open and fair basis to an income eligible individual or family,the unit must be listed with the Barnstable Housing Authority(BHA) and the Housing Assistance Corporation(HAGS whenever a vacancy occurs. Also,the applicants must notifythe monitoring agent of a vacancy whenever it occurs. 8. Every twelve months the applicants shall review the income eligibility of those individuals occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit the applicants shall file with the Barnstable Housing Authority an annual affidavit listing the rent charged and income level of the occupant(s) of the unit. The applicants shall provide the Barnstable Housing Authority any additional information it deems necessaryto verifythe information provided in the affidavit. Upon any report from the Barnstable Housing Authority 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. 3 L r Bk 16771 Ps264 a47124 9. The Accessory Affordable Unit shall be affordable in perpetuity(as affordable is defined herein) unless this Comprehensive Permit is rendered void. 10. 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 Reg is try of Deeds. If the ownership of the property is transferred,the Barnstable Housing Authority shall be notified within 60 days the name and address of the new owner. 11. All parking for the dwelling and accessory unit shall be accommodated on site,and no lodging shall be permitted on site for the duration of this Comprehensive Permit. 12. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. Transmission of the Decision of the Hearing Officer to the Barnstable Zoning Board of Appeals In accordance with Part II, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code,the Zoning Board of Appeals has fourteen days from March 5, 2003, to take action to reverse any decision, if not,then approvals become the decision for this Comprehensive Permit application. Ordered: Comprehensive Permit 2003-13 has been granted with conditions. Appeals of this 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. 3 20 0� G ' rghtingale, acing Of er Date Signed I,L da Hutchen 'der,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 dec no appeal of the decision L led e office of the Town ClerkeSigned and sealed this��' e airs and pees Qf eury-,� Linda Hutchenrider,Town Clerk r z . � ek BARNSTABLE REGISTRY OF DEEDS 4 �471'74 Bk 16771 Ps254 . 4 04-1 H-2003 0'l 12 a 590 REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this.11" day of t;,, ,2003,by and between Robert D.McGraw,Jr. and Kathryn L. McGraw of 71 Waterfield Roa ,Osterville,MA 02655,and its successors and assigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the "Municipality"),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a Comprehensive Permit under Massachusetts General Law Chapter 4013 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 71 Waterfield Road, Osterville,MA,as further described in Exhibit"A" hereto annexed. . B. The Project located at 71 Waterfield Road,Osterville,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 the comprehensive permit, Appeal No. 2003-13 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"). D. The Owner agrees to occupy the principal dwelling unit located on the property as their year round 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 of low income (herein defined as 80% or less of the median income of Barnstable' Yarmouth Metropolitan Statistical Area(N4SA) 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(MBA) and that rent(including utilities) shall not exceed the rents established by the Department of Housing and Urban Development(HUD) for a household whose incomie 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 anyprovision of any indenture,agreement,mortgage, �j i EXHIBIT 1 TOWN CLERK BARNSTABLE. MASS. 1ID3 11AR 20 AM !1: 51 Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2003-13 - McGraw Applicant: Robert Jr.&Kathryn McGraw Property Address: 71 Waterfield Road,Osterville,MA Assessor's Map/Parcel: Map 119 Parcel 051 Zoning: Residential C Zoning District Groundwater Overlay: WP Wellhead Protection Overlay District Applicant- The applicants are Robert Jr., & Kathryn McGraw,who reside at 71 Waterfield Road, Osterville, MA. They are the individuals to whom this Comprehensive Permit is issued to create an accessory apartment unit near the front of the single-family dwelling in a pre-existing detached garage as an affordable rental in accordance with all conditions of this permit. Relief Requested: The applicants have applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts, Chapter 40B — §20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,Pre-existing&Unpernutted Dwellings,more commonly termed the "Accessory Affordable Housing Program." The zoning relief necessaryfor this Comprehensive Permit to be issued is that of a variance to Section 3-1.3 (2) of the Zoning Ordinance.—Accessory Uses to permit an accessory apartment unit to a single-family owner-occupied residential dwelling.The issuance of this Comprehensive Permit would allow for an owner- occupied single-family residence with an accessory affordable apartment detached from the single-family dwelling. Locus and Background: The property is a .47 acre lot that is developed with a 2-bedroom, 11/2-bathroom, 1,157 square foot, Ranch Style family dwelling with a pre-existing detached garage. The applicants have owned the property for two years. The applicants heard about the Accessory Affordable Housing Program through local media and have decided to create an accessory affordable apartment. The proposed accessory unit is to be created within the existing floor print of the detached garage. It will be a one-bedroom unit at approximately 539 square feet. The locus is in a Residential C,in V6'P Wellhead Protection Overlay District. Procedural Summary: This appeal was 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 and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on March 5,2003, at which time the Hearing Officer read into the record correspondence that was submitted from abutters opposing the application by the following: Charles &Kathy Foley,Myrna Williams,Errol&Vicci Thompson, and Peter&Helen Cronin. After a brief explanation of the program,plus,reviewing the . competed application,the Comprehensive Permit was granted. The Hearing Officer, Gail Nightingale, presided over the public hearing. Also present were Paulette Theresa-McAuliffe,Accessory Affordable Housing Program Coordinator,and Michelle McKinstry,Barnstable Housing Authority. r I o " 16 Findings as to Standing and The Comprehensive Permit: At the March 5,2003 hearing, the Hearing Officer made the following findings of fact: 1. The applicants are Robert Jr. & Kathryn McGraw with an address of 71 Waterfield Road, Osterville, MA.They have owned the property since January 30,2001 as documented and recorded at the Registry of Deeds in Book 13003,page 071. They are requesting a Comprehensive Permit to create an affordable rental apartment to be accessory to the single-family owner-occupied residential dwelling. The applicants have submitted a copy of a certified deed recorded at the Barnstable Registry of Deeds documenting their ownership of the property. 2. The applicants were issued a site approval letter dated January 24,2003 from Kevin Shea, Director, Office of Community&Economic Development,qualifying the application for the Accessory Affordable Housing Program. The source of the subsidy is the federal Community Development Block Grant(CDBG)program. 3. The proposed rental unit will be approximately 539 square feet, and will have--one bedroom. It will be located in the pre-existing detached garage nearbythe main house. 4. According to the Assessor's record, there is a total of 2 bedrooms on the property in the main house. The site is in the WP Wellhead Protection Overlay District. The Public Health Division approved the septic system at the site for a total of 3 bedrooms as per the Housing Amnesty/Public Health Form dated December 17,2002. 5. The Barnstable Housing Authority completed an inspection of the property on December 12,2002. The applicants are aware that a final inspection by the Building Division will be required and that all improvements necessary to assure that the unit meets applicable minimum state and local code requirements must be completed. 6. On December 16,2002,the applicants signed an Accessory Affordable Housing (Amnest� Program Affidavit.agreeing to comply with the program's requirements,including-owner .. .. ..... . occupancy of the principal dwelling and further agreeing to comply-with the provisions set forth in Article LXV(65) of the Town Ordinances that include their signing and recording of the Regulatory Agreement&Declaration of Restrictive Covenants. The subsidizing agency has determined that the signing and recording of the regulatory agreement qualifies the applicants as a"limited dividend organization" as that term is used under M.G.L.c.40B §§20-23. 7. Under Chapter 3,Article LXV(65) of the Town Ordinances,the affordable unit must be rented at an affordable rent to a person or family whose income is 80% or less of the Area Median Income (A-MI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA). 8. The Barnstable Housing Authority has agreed to serve as the monitoring agent for this affordable rental unit. 9. According to the Massachusetts Department of Housing and Community Development, as of January 10, 2003,4.91% of the town's year-round housing stock qualified as affordable housing units. The town has not reached the statutory minimum under M.G.L. c. 40B§§20-23 or its implementing regulations. Under the Town of Barnstable's Local Comprehensive Plan, the use of existing housing to create affordable units and.the dispersal of these units throughout the town is encouraged. 2 „JUL.c2.2�a3 1:00PM BARNSTABLE CON/ECO.DEVELOPMENT 110.678 P.3/4 Ruling and Conditions: Based upon tll--findings,the applicants)is granted a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts;Chapter 40B—§$20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,"Pre-existing and Unpermined Dwelling Units and for New Dwelling Units in Existing Structures,” more commonly termed the "Accessory Affordable Housing Program." .The granting of this Cornprehensiae Permit is to the applicants,Robert Jr,&Kathryn McGraw, It is issued to permit the cmatioii of an accessory apartment of 539 square feet to a single-family ownevoccupied residential dwelling,subject to the following conditions: 1. The propetrr owners shall occupy the principal dwelling as their year-round residence. i 2. occupancy of the affordable unit shall not exceed two people. 3. This unit shall not De occupied by a family member. 4. To meet the requirements of affordability,the applicant must rent the unit to a person or family, whose income is 80% or less of the Area Median Income (Abg of Barnstable-Yarmouth Metropolitan Statistical Area MA),adjusted by household size. The monthly rent payable by a household inclusive of utilities shall not exceed 30%of the monthly household income of a household earning 80%of the median income,adjusted byhousehold size. In the event that utilities are separately metered,the utility allowance established by the Barnstable Housing Authority shall be deducted from rent level so calculated. 5. All leases shall have a minimum term of one year. 6. Prior to receiving an occupancy permit for the affordable unit,the applicant's) shall have the unit reinspected by the Building Division to assure that all necessary requirements are met according to minimum state building and fire codes. It shall also be reviewed by the F lealth DiN ision to assure compliance with applicable on-site wastewater discharge requirements, 7. The applicants may select their own tenant(s)provided the tenant(s) meet all requirements of the program and provided that person(s)income is reviewed and approved by the Barnstable Housing Authority as a qualified individual. The applicants will be required to work with the Housing Authority to provide information necessary to document that the tenant(s) qualify. To insure that the unit is rented in an open and fair basis to an income eligible individual or family,the unit must be listed Kith the Barnstable Housing Authority(BHA) and the Housing Assistance Corporation(HAC) whenever a vacancy occurs. Also,.the.applicants must notify the monitoring agent of a vacancy whenever it occurs. g. Every twelve months the applicants shall review the income eligibility of those individuals occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit the applicants shall file with the Barnstable Housing ALthor y an annual affidavit listing the rent charged and income level of the occupants)of the unit. The applicants shall provide the Barnstable Housing Authority any additional information it deems necessaryto verify the information provided in the affidavit. Upon any report from the Barnstable blousing Authority 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 abilityto hold a hearing to show cause as to why this permit should not be revoked. 3 9. The Accessory Affordable Unit shall be affordable in perpetuity(as affordable is defined herein) unless this Comprehensive Permit is rendered void. 10. 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 propertyis transferred,the Barnstable Housing Authorityshall be notified within 60 days the name and address of the new owner. 11. All parking for the dwelling and accessory unit shall be accommodated on site,and no lodging Shall be permitted on site for the duration of this Comprehensive Permit. 12. This Comprehensive Permit must be exercised and the unit occupied within 12 months.of its issuance or it shall expire. Transmission of the.Decision of the Hearing Officer to the Barnstable Zoning Board of Appeals In accordance with Part II, Section 4.02 and Part III, Section 3.72 of the Town of Barnstable Administrative Code,.the Zoning Board of Appeals has fourteen days from March 5, 2003,to take action to reverse any decision, if not,then approvals become the decision for this Comprehensive Permit application. Ordered: Comprehensive Permit 2003-13 has been granted with conditions. Appeals of this 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. G fLda ghtingale wring Of er Date SignedI, 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 hA n filed ' e office of the Town Clerk. . Signed and sealed this�. y of e wins and pe alties Qf perjury. :;� Linda Hutchenrider,Town Clerk 4 oFINE �,ti The Town of Barnstable BARNSTABLE. ' Department of Health Safety and Environmental Services Y NASS. 0a �p 679• �0 rEO MP'a• Building Division 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection Location Permit Number l9 7 Owner Builder ) CJ cr V iA e y One notice to remain on job site, one notice on file in Building Department. The following items need correcting: Please call: 508-862-4 88 for re-inspec on. Inspected by 0 r �e Date v ALL DIME NS ION LUMBER SNAI • COLLAR TIE IS fie"o c. 8E Kb SPF No.2 OR BEITER, 2 x RAFTER @ • Q4 f ex CEILIns julst ® ~ CLC. SNINGLE W/1818. FELT X6 i . t C 2 / � l rQ �' i� PINE FA AFt WEI) Fp MRS 8g1T'S W/6•MIL POLY VAPOR SUf_�IT=VENT two FlllogBURIEA _ PINE SOFFIt tit, •:. ., , i•+ �; 1 r 2 FLOOR 10151' @ O.C. .r x (pop- m `'OC *Mp+ f e 'erC ©.0 pe)l) T I 77N. IL /iJ6 JO a( 61 v "oc 1 SILL },_ . `iVo,�� , y • �, - . � � 6'0. O.C. • ~CoNc'gE7E FOUNDATION MLL fOU /4- T? 0 K 1 . Po u2 g' � 0 Aj Fuv r ice • G .3 . PL/V. 77 c cTv 12 S 1J 2 v of 715�A 12-1 !Ft/) i .46 _ �.-ell 4fet in to fnxke, x or rile AcFI451,nj �' q �o5ike,- t Town of Bamsta e Certifica of Compliance ij • �_ r,. This certificate indicates a ptable minimum habitable requirements per Massachusetts State Building Code �.... and Town Barnstable zoning ordinances in accordance with the Amnesty program. Location 71 Waterfield Road, Osterville, MA o ,. 1 Unit Capacit 1 bedroom not to exceed 2 persons Inspec M/P No. 119/051 7/22/ The Town of Barnstable Office of Community and Economic Development 230 South Street sesxsz BM ems. Hyannis, MA 02601 Office: 508-8624678 mirtutur Fax: 508-790-6288 ACCESSORY AFFORDABLE HOUSING PROGRAM HO xJSiING `INSPECTh®lN ,APR 10" N`®TI;C ' j TO: Tom Perry,Building Commissioner cc: Kevin J.Shea Lois Barry,Building Division FROM Robert Shea,BHA Housing Inspector DATE: Map/Parcel r j of / O ./ / RE: Inspection at: clwc, A eta d3TecLil I have conducted a State Housing Inspection of a single-family/multi-family dwelling owned by. u� - CAS y 6 , C GR A(A✓ Phone: �dP 3,-2 ! address: ingle-Famil\ OR Multi-Family: Units: Unit Capacity . ( # Bedrooms: Unit Capacity. # Bedrooms: Unit.Capacity: # Bedrooms: Unit Capacity: # Bedrooms: It was found to be in compliance with the State Sanitary Code. Would you please arrange to.have the Building Department do it's final inspection of the property in order to grant the Certificate of Compliance for the unit(s). PASS Date: , D;ING D S :E63-TI i nature: Loi DATE -2z TIME I l 3 0,WBY 1 z Qo._v Q APPROVED: REJECTED: (The following items need correcting): DATE 2—U AT Q:CommDev/PT/Monitor/Apprvi.doc S Walk orwh �I4o village, Joshua's Pond beach & Dowse's Beach (ocean) 1. Many upgrades and renovations - New kitchen & guest bedroom Room for Expansion - '/2 Acre Lot I � Mature Landscaping Floors: Hardwood/Berber/Tile/Carpet a New Driveway, FAMILY Storage Shed Tongue & Groove Pine (Pickled) ROOM Walls in Living/Dining Room Quiet Neighborhood . t ; w OFFICE & 01 HALF BATH DINING AREA LAUNDRY BEDROOM MASTER W/D N BEDROOM o U o ------ FULL CLOSET KITCHEN BATH LIVING Heating Oil/FHA ROOM ENTRY Town Water Square Footage 1157 Title 5 Septic - 3 Bedroom Taxes (2005) $2315 (4 years old) Appliances Stacked Washer/Dryer Fridge Stove Dishwasher (4 years old) Built-In Hood Microwave (4 years old) Air Conditioners (2) Two Capes ,r'od Cottages! 71 Waterfield Rd, Osterville rA Y " d Detached Cottage (renovated 2003) - Legal Rental - $795/Month Rent $795/month = $132,600 mortgage (30-year @ 6%) $449,900 - $132,600 = $317,300 Net PriCE• 20% Down > $449,900- $89,980 = $359,920= $2158/MO -$795 = $1363/MO Net P&I ($227,337 Net Mortgage) 15% Down >$449,900-$67.485 = $382,415 = $2293/MO-$795 = $1498/MO Net P&I ($249,854 Net Mortgage) 10%Down>$449,900-$44,990= $404,910= $2428/MO-$795=$1633/MO Net P&I ($272,370 Net Mortgage) It's like having 113 off your monthly mortgage payment- nearly $10,000 per year! BEDROOM k Z o LIVING ROOM - ------------ SINK z D z WALK IN > BATH CLOSET 0 ROOM; N KITCHEN w ----------------- LAUNDRY C� TUB/SHOWER & UTILITY ROOM Square Footage 539 Floors Wood Laminate/Tile Appliances Fridge/Stove/Hood/Stacked Washer/Dryer Hook-Up Heating Gas/FHA (Separately Metered - Furnace 1 year old) Electric Separately Metered Water/Sewer Shared with Main House $449,900 (508)428-3121 r 4: 4fe ivy to pno,ke ar t� teou s'cv� ossti l e. Town of Baurnsta., ble r - Yi, r ` Cetlficate off' Cam .ance ` s'certifrcate indicates acceptable minimum habitable requirements per Massachusetts State Budding Codd f_� �f'rk �y`.,� and Town of$amstable zdning ordiaaaces In accordA& with trig Amnesty program a 71 I;O d ' 'Waterfield Road, Osteviltol a 'a r Unitapa�l�y l be o of td exceed arsons ln7n(� p/�}/�}� � pecto i .tali Ka rtif�` irk r�@ t _File Edit Tools :Help A Action Issue Permd Application 2U461336 T 71 WATERFIELD ROAD _ 119551 ',!M Deny'Permd l Type RADD RES AD / LT BUILDING PER ���� Contractor �� 8137i61t:: i Status ISSUED--F S Void Permit� � - � Tradesman Pemyit w 2Q0?5051 ij Reverse Stat Issued 06/23/20(6 �<iT by DB Cond/Restr �— Expires 1 12/21/200fi I I Quick Issue — --- j q Der Ivoid _- Recalc — ;�� '� _OvemdG_Fe� Fees��� y Adjust'Fees i Bldg seq 11 I V Fee based on SqR/Est Cost Quantity .. .�- ' D �f � RADD f ,E--� ESTIM COST` � .0' Estim cost 4 c�.�st N�airt � �-� - i. _ Additional amt _ Issue invoice N To Total fees 'Credit amount j'l Paymt'History Paid to date — Balance due 'Process Bonds P _ _ •�'1 �T �[ ft s 0; Try r , i r CAP MD lof '.Issue a;permit. i I File Eda Tools 'Help 1�11°/ XTijQ Schedule Type Requested Scheduled Time Inspector Performed Results Balanc :Fi,ld Sheet { - E kpp Profile l 9i f C i; i!p 1i w r jS I Town of Barnstable Building Department - 200 Main Street BARNSTABLE, = Hyannis, MA 02601 MASS 9�A i63� , (508) 862-4038 Certificate of Occupancy Application Number: 20061336 CO Number: 20060060 Parcel ID: 119051 CO Issue Date: 06126/06 , Location: 71 WATERFIELD ROAD Zoning Classification: RESIDENCE C DISTRICT Owner: TOBIN, ELENA Proposed Use: RESIDENTIAL PO BOX 377 OSTERVILLE, MA 02655 Village: OSTERVILLE i Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: FAMILY APARTMENT CERTIFICATE OF OCCUPANCY Building Department Signature Date Signed •3 ^4 a. tg. }t; Y IVY �F' 1:t ' tt t� 1 1 m F 4 n y k eN t ` F •�V L P 7 1 �$ r x �J ti 71 Waterfield Rd., Ost. 9/14/06 t i 1 , p ?HE Town of Barnstable CF Tp� Building Department Services x_P Brian Florence CBO �ES P R sn�vsrnate, ' I� MASS. g Building Commissioner • s639 ♦0 i0'En 39 200 Main Street, Hyannis, MA 02601 MAR 0 2 2020 www.town.barnstable.maxs TO'^, N OF (� ' ``��� _ Office: 508-862-4038 Fax: 5(I8' �yEk6� ,�LE Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: My name is �.e� a��n I am the owner/resident of the property located at: 1A V �5 ����►_ AAr o 21e Ss The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name& relationship to owner: Name & relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately note the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. 1 understand that 1 am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that 1 am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. 1 agree to notes the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. - = Thc-aparcnienuhas been transferred to the Amnesty Program (Appeal No. ) _vc_ Other 54c, Sworn to under the pains and pe es of perjury this day of 2020. �- Signature Phone Number Print Namet��P,t►ee,� 'y q:forms/famaffid.doc rev 11/08/13 -PRE PE ,► wT Febrary 21, 2020 MAR U 2 2026 My mother (Elena Tobin) has been in hospice care since last summer.TQW rNeB uncertain, but we are already past where we expected to reach. As of a few months ago, nobody LE is living in the cottage as a primary residence, but this winter we have been using it so that we all (me, my little brother, her siblings from farther away, etc) can'swing in and stay with her as often as possible in this difficult time. So, I know that is not a situation covered by this form,.it is a different form of"family cottage"from what is described here, but it is a very short term solution. {� We have not converted it to"any other kind of usage, we are not renting it or.using it for anything but immediate family stays.. We will have to sell the house when the time comes - we thought we'd be doing so already, to, • be honest'- and we know the new owners.will have to handle its designation themselves, either to continue it as a family cottage, revert it to a rental, or etc. c t« J �.rwC �^^� ��3 r'3 �l�'S My tb^►'S �w�yc K�v�o�,�. y •J Maw o✓n it Town of Barnstable OF SHE TQ� Building Department Services Brian Florence, CBO 110/jQ/�/}� 9� MASS' 0g Building Commissioner 1639• prEo3,�6 200 Main Street, Hyannis, MA 02601 rO O� ref' www.town.barnstable.ma.us �*Op&Ap 491,9 Office: 508-862-4038 Fax: 508-79616230 �F Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: My name is I am the owner/resident of the property Ylocated at: (r �o (X. / The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: ,, Name &relationship to owner: 0'9�-iSQ:1 l rr)) 9'A u...-2zX - 'S�C4 Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately note the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to note the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at-this location, please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program(Appeal No. ) Other Sworn to under the pains and penalties of perjury this (, 4 day of 2019. LA Q lmL� 0 9�' Signature Phone Number Print Name ��L C'nlg- To a t A) q:forms/famaffid.doc rev 11/08/13 Town of Barnstable Building Department Brian Florence, CBO ` S"`KASS.� as. Building Commissioner' TOWN OF BARNSTABLE Ma � 1639. �0 '°rFo 200 Main Street, Hyannis,MA 02601 www.tow n.ba rn sta ble.ma.us 10 f 8JAN 24 AB 11 44 Office: 508-862-4038 Fax: 508-790-6230 DIVISION Town of Barnstable Family Apartment A i avit I, being on oath, depose and state as follows: My name is A- 16 A J /d I am the owner/resident of the property located at: -/1 a-, L 7/4 The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: / Name & relationship to owner: s Cr•%Cl� - `s Name & relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notes the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said.Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to note the Building Commissioner immediately in the event of the sale of this property.' I If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program(Appeal No. ) Other Sworn to under the pains and penalties of perjury this Z.Z day of 2018. 1:2 n01'_ Signature Phone Number Print Name L=L Lz:­X)n j o a / q:forms/famaffid.doc rev 11/22/2017 Town of Barnstable Regulatory Services °E .Richard V. Scali,Director TOWN OF BARNSTABLE Building Division IMMUABIX Paul Roma,Building Commissioner'017 FEB 13 PM 3: 16 039. ��� 200 Main Street, Hyannis, MA 02601 FD Mfg www.town.barnstable.ma.us Office: 508-862-4038 O t�T� �OFax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I,being on oath, depose and state as follows: My name is o I am the owner/resident of the property located at: The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event-that the listed relatives vacate said apartment, I will immediately notes the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building' Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-4Z I Family Apartments. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program(Appeal No. ) Other Sworn to under the pains and penalties of perjury this /0 *day of FEL '2017. �- Signature Phone Number Print Name L L E to A J a 3 r J I q:forms/famaff d.doc rev 11/08/12 r Town of Barnstable Regulatory Services oFt"E rq Richard V. Scali,Director Building Division o_ �'"MSTA M Thomas Perry, CBO,Building Commissioner MA M `bA,Fo 39. A`e 20o-Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us V-0 9 Office: 508462= U38`= Fax: 508-790-5230 :> To-wn of Barnstable Family Apartment Affidavitco I,being on oath, depose and state as follows: 33- 1 My name is ��A- ' I am the owner/resident of the property located at: The following members-of my'fat�iily will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives.vacate said apartment, I will immediately notes the Building Commissioner in'writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I.understand that I am-required to file an Affidavit annually with the Building Commissioner listing the names,anij relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to note the Building.Commissioner, immediately in the event of the sale of this property. ' If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has begin transferred to the Amnesty Program(Appeal No. ) Other Sworn to under.the pains<aiid.pknalties bf perjury this day of 2016. Signature. . •• �'� - . Phone Number Print Name: ECE1001 To rav ti. q:forms/famaffid.doc rev 11/08/12 Town of Barnstable OFIFIE r Regulatory Services Richard V. Scali,Director TOWN OF BARNSTABLE MMSI'ABM : Building Division 1639. A�O� Thomas Perry, CBO,Building Commissioner �� 2 FD MA'S 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us m - Office: 508-862-4038 DMISTOPax: 508-79.0-6230 Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: My name is �-I Z�v4 I am the owner/resident of the property located at: c 7 ! The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: , n Name & relationship to owner: 1J✓tic Name & relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notes the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to note the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this day of ald_I 2015. Signature Phone Number Print Name F4'[/0fi- q:forms/famaff d.doc rev 11/08/11 i Town of Barnstable Regulatory Services EVE toyti Richard V. Scali,Interim Director TOWN Of BARNSTABLE Building Division BAM � ' Thomas Perry, CBO,Building Commission ,M 29 Pil 12: 18 163p. a�0� 200 Main Street, Hyannis, MA 02601 FD Mp'l www.town.barnstable.ma.us Office: 508-862-4038 DIVISIDX: 508-790-6230 Town of Barnstable Family Apartment Affidavit I,being on oath, depose and state as follows: My name is �4`,,t�A / o I am the owner/resident of the property located at: o The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: P(Z'SQ.�L 13-i Name &relationship to owner: The-Family Apartment will_.be:.the-primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notes the Building Commissioner in writing. 1 understand that no subletting or subleasing of said Family Apartment is permitted. I . 11 - I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this o? day of 2014. o 5 oS- yZSs - (-.7 Signature Phone Number Print Name E LE X) A q:forms/famaffid.doc rev 11/08/11 Regulatory Services : . T Thomas F: Geiler,Director Building Division. `* MASS. ` Thomas Perry, CBO,Building Commissioner , 639. . . 200 Main Street, .Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 : : Fax:: 508.-790.'6230 Town of Barnstable Family Apartment Affidayit I,being on oath, depose and state as follows: M name is ( 1 fl ® I am the owner/resident of the Y.. I' l property located at: W �I S tF7.w The following members of my family will be the sole.occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: v � Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notes the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit andlor the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no'longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program(Appeal No. ) Other the pains and penalties of e ' this l day of.-: &„v 2013. Sworn to,under p p p ��' �/ Y Signature. .:.> Phone Number Print Name 1��L[_�+yA . ;.o3lrtJ... q:forms/famaffid.doc rev 11/08/11 _ Town of Barnstable Regulatory Services Thomas F. Geiler, Director Building Division S"x'''„',STABM AS& �' Thomas Perry, CBO,Building Commissioners �,,; �39. 200 Main Street, Hyannis, MA 02601 " 12 29 www.town.barnstable.ma.us Office: 508-862-4038 °.' Fax: 508=790-6230 Town of Barnstable Family Apartment Affidavit I,being on oath, depose and state as follows: My name is 2 IT-.6 iq I am the owner/resident of the property located at: The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owner: rCi;5MdA _�U'e_04 lm C Name &relationship to owner: 9, The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately note the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. . I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit andlor the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to note the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program(Appeal No. ) Other Sworn to under the pains and penalties of perjury this J0 64 day of 2012. Signature Phone Number Print Name Q/AI q:forms/famaffid.doc rev 11/08/11 Town of Barnstable Regulatory Services oF � Thomas F. Geiler,Director � s r y Building Division BMWWABLF, Thomas Perry, CBO, Building Commissioner""" � ; `�- 5 MAS&p'1639. p�0� 200 Main Street, Hyannis, MA 02601 Bp Mp21 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable, Family Apartment Affidavit I, being on oath, depose and state as follows: My name is T,-v A / o I am the owner/resident of the property located at: 471 - 7/fJ t,(Ji A,¢.i ©sf�:LL- t4/4 b a a s The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name & relationship to owner: /o - a�- Name & relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. - I 1 understand that 1 am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.I Family Apartments. I agree to note the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location, please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this /a day of c�,o 2011. C Sot - ya Y- 6- 7 E3 Signature Phone Number Print Name 61 cX)A ?'ea, i Town of Barnstable P Regulatory Services TIME tgy�o Thomas F.Geiler,Director Building Division BARNSTABLE, Tom Perr , Building Commissioner^ "� +''� "� '"' ►� 9 MASS. g Y g `�.� 7 1639. �0 200 Main Street,Hyannis,MA 02601 ATFo �a www.town.barnstable.ma.us DiViSION Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: My name is C4 I am the owner/resident of the property located at: C{f (� The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name & relationship to owner: 2_"oyJ►t7 ll o 6',yL 3 a✓1 Name & relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location, please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this zIf 'day of afeu 2010. Signature —� Phone Number Print Name Q/bldg/forms/famaffid Rev:12/08 Town of Barnstable Regulatory Services pF1HE Tp Thomas F. Geiler,Director imilding Division tl uF BARNS IABLE i ► •ARNSTABLE, ' Tom Perry, Building Commissioner MASS.. a 200 Main Street,Hyannis, MA 02601 23q9 JAN 26 PM 1: 22 AlEp�1 www.town.barnstable.ma.us O-RISION Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I,'being on oath, depose and state as follows: My name•is I am the owner%resident of the property located at: (� ag, The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name & relationship to owner: ( c) S c�CJ Name & relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. 1 understand that no subletting or subleasing of. said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. 1 also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location, please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this 'sh day of_] LL 2009. Signature Phone Number Print Name 6: L E g)4 oa i 10 9 Q/b l d g/f o rm s/fa m a ffi d Rev:12/08 I' Town of Barnstable Regulatory Services OF1NE rp Thomas F.Geiler,Director gyp'' o 10WH [1F B!'NN"S;ABLE Building Division f • a • 9BARNSTABLE, ' Tom Perry, Building Commissiorc MASS r�p FEq _7 AM ((: 2 1639 200 Main Street,Hyannis,MA 02601 rFD MA'1 A www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: I —� My name is ` / o I am the owner/resident of the property located at: The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name & relationship to owner: ZR-wco t_. Name & relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified. family members. In the event that the listed.relatives vacate said apartment, 1 will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. I agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location, please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. . ) Other Sworn to under the pains and penalties of perjury this day of 2008. I z, L, zF- 7 S s Signature Phone Number Print Name E 1L W 0 (43 f d Q/bldg/forms/famaffid Rev:1/03 r� Town. of Barnstable c Regulatory Services a pftKE roy� Thomas F.Geiler,Director /1 Building Division •AENSTABLE. ' Tom Perry, Building Commissioner 9 MASS. g �'OrEv39r16%.`e 200 Main Street,Hyannis,MA 02601 7007 JAPE 22 P . www.town.barnstable.ma.us ' ' Office: 508-862-4038 F ANY 50 18!90-6230 Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: My name is 19` I am the,owner/resident of the property located at: -71 A)64w S-1i The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name & relationship to owner: c?JntyC A- S. (�/�i _ S a✓I Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, I will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. .I understand that 1 am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA Special Permit and/or the Town of Barnstable Zoning Ordinances Section 240-47.1 Family Apartments. 1 agree to notify the Building Commissioner immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location,please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) Other Sworn to under the pains and penalties of perjury this Z,:2 day of GL. 2007. Signature Phone Number Print Name LElt/14 j O a t d� Q/bid g/forms/famafri d Rev:I/03 Bk 21123 Ps 37 -norL39974 06-23-2006 09 = e 04ot Town of Barnstable OF THE Regulatory Services / Thomas F.Geiler,Director eAarrseABIA f 'q, MA i6J9• .� Building Division / Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 AGREEMENT FOR FAMILY APARTMENT I(We), the undersigned, being the owner(s) of property situated at 71 WATERFIELD ROAD in OSTERVILLE, MA, holding title under a deed recorded with the Barnstable County Registry of Deeds or Barnstable County District Registry of the Land Court in BookaO;?_Y , Page OP,3s , or as Document No. , being shown on Assessors' Map 119 as Parcel 051, hereby agree, certify, warrant and represent to the Town of Barnstable that the accessory attached apartment,which contains living quarters, is intended for use as a family apartment, for year-round occupancy. The intended and authorized use is for EAMONN A.S. TOBIN, SON OF OWNER, ELENA TOBIN, associated with the residential use on the same premises. This unit shall be used for a "Family Apartment" (as defined in Zoning Ordinances) which would require compliance with the Family Apartment Rules and Regulations. This unit shall not be rented as an apartment or as a single room,or in any fashion,which rental would be a violation of the Town of Barnstable's rules, regulations, and zoning ordinances. Prior to occupancy of this unit, affidavits reciting the names of occupants are to be recorded with the building department. This agreement shall be updated whenever a change occurs or every calendar year. This Agreement shall be duly recorded or filed at the Barnstable County Registry of Deeds/Land Court for the purpose of alerting future owners of the property of this binding Agreement concerning the use of the property as herein stated. The consideration for this Agreement is the issuance of a building permit and/or certificate of occupancy by the Town of Barnstable Building Department. WITNESS our hands and seals this _day of 200 C? TOWN OF BARNSTABLE OWNER(S) By: s� f Building Commissioner THE COMMONWEALTH OF ASSACHUSETT BARNSTABLE COUNTY, SS Date a1 'L 0 Then personally appeared the above-named (owner), 15 �NA `o@Z A and made oath as to the truth o .� gtlstrument,before me. Jae S V �''�•, Notary Public t �`•�� ooe '••. - u My Commission Expires: �(�� 'z`(J " a ; e ti ,.= .s WaterfieldRd71 ,.;� •� BARNSTABLE-REGISTRY OF DEEDS Town of Barnstable Building Department - 200 Main Street Hyannis, MA0 2601 9�A 16S9. , (508) 862 038 rf0 MPS A Certificate of Occupancy Application.Number: 20061336 CO Number: 20060060 Parcel ID: 119051 CO Issue Date: 06/26106 Location: 71 WATERFIELD ROAD Zoning Classification: RESIDENCE C DISTRICT Owner: TOBIN, ELENA Proposed Use: RESIDENTIAL PO BOX 377 OSTERVILLE, MA 02655 Village: OSTERVILLE Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: FAMILY APARTMENT CERTIFICATE OF OCCUPANCY Building Department Signature Date Signed ■ NOON ■■■■■■■■■■■■ ■■■ � s■r ■ NOON . : . . . .• _ . � ■►����r.: :.�����.. ■■■■ NONE ME NOON ■ EO NOON - - �� ■�"N■NNE NOON■■■ o 1 .. :r . ■N ■ ■■■NON■■EN■■N■■■E■N■■N ■ �■� EN NNE■ ■ 1■■ ■■ ■�,■���.�►� ■ ■■■■■■■■■■■NE■■■■■N■NE ►.__■ ; ::. ■N ■ ■N ■ENI ■■s� ■Re■■■ ■ ■■■■■■■■■■■■EN■■ENEOENNN .O�Yi ■■ ■ ■ ■ ON ■E�r■N� N■E NN■ ■ ■ONEENEE■ON0 MEN■■■■■� ;■ONN ■ ■■EN ■■■NNNI ■■■■■■■■EON ■E■ ►, I■■ENE■■■■■■■■■■■■■■N■■ a �E■■E■ ■E■EE■■■NNE■ 1111 MEN ■E■■■EE■EN ■ ■■ENE■N■■■■■■■N MEMO■■■Ens ■■■■ NEE■■ ■ ■■ ■NI MEN OMEN No ■■■■ ■■■■ _�!!•■N■■NE■E■ i .NEME■ ■■■N ■ MEMONI E■■ummoviN■, �1 ■■■E■ENE■NN■N N■ENNENN ■NN F-� ■� ■ ■■■ N EE ON ■■E■NE■■ri�ENE.■ ■ ■■N■■■NONENNN !�!� INNNEEN NONE E■■N■ N;1!_■■■■■E ■E■■■■E■■E■EE■ ■■■■■,4F l ■■NEElai ■EN■■NEENN■NENN ■ ■■■W"'i�li�li�iiANSE■■ SEES ME OMEN ■■■■■■■■ � ■E ■ ■■■■■■■E ��3, ommom ."�'_••'� _ ■■■r_.'Z1.mm,m■�!■■BE■ rN■■ ■E■E■N lmmlmll■■■■■■■ ■ .`��,� m='e'�m1-ia N ONE ■NONE ■■N■EE ��E��■ MEN■I N■NE■EN .O NOON ■■■■■■■E■■■E ■ ME ■NNNN■II�,• n . ■I ■■■■■■ 1 . 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EMMMMMMMMMMMM■ �■ ■■■wail ,,iliawsMMEEME■■E■■ : ■ ME■EEM■■ _ : •; „ . �■ ="MM:EMEM■■EMME O: ■8FRA.Tr MMMEEMN ■■MEEM MENEMEM � !!!U�■MEN EMMO■■ME :M ■OEM■■■■■■■■■■■■■NEE ■ ■E■ ■ ■ EI , , ,zz MEN NONE 4! ■OEMMMMEEMEEME■ ■ ME ■NEE■ ■ ■■■ ■ NI _ : , _i■ ■IEEEMEEME ■EMEMEMMEM ■■EE■EMEMO ■E■NE NEN ■ENE�1 iMRP . ENE :® ■■OEM ■■ MEN NoI■M MZz OEM -M ■MMOM SEEM■OMM■1 ICMlaMI 1■■■ J A Elmo ■■EMOan PERM NOONAN EEEEEM 1■■EM■MM � � _ M■E■\■ . . MEN MME■■EMO■ �saw ■OEM ■1■.":!!�1 �-.■M .,�...�,■ p UNION 111�� ■� 1 e : .Ili�1 a�'1 EE■■■■MM EMEMEMEMEEEME■ ■NEE■ME ■■! ■ E� , . �w a ,i . ��� MEN■EEN 000 1110 1011111 ■ ■■■■■■■ ME MEM . M ■ • rr N�MMMEMMM■� ■ ■M�/�1�►�i V1■/I�IIO.i ■ Ally ■ . . - EEO■EMME ME WIPAREJ�IM► 1' ■■MO■■EM��... . ,. .... M �E/ ■ EH ■■■■■■ 1 ■N■ iN r ■■E■■■ ■E ■ ■ NONE ■■■■■■ ` 1 ■��11 • • , - I1 NM■OEM Chi ■ENM GWAW-Azz—ArW1IMI ON ONE MMIiiiiiiiiiik.��■M ■OEM■■Mitt _ s_ . _ - . ■ MEMM■ ra5- .1 ■NM■■M ■ME NOW M ■ O NEE EEE ■H �