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HomeMy WebLinkAbout0311 CHURCH STREET 1 e �il4/q// IYi � _ 2 UPC 12543 Igo.53LOR HASTINGS UN TO- I f :� �s ,;; =i i 3 ai a h .' a :� a a ;s' =� — ;� 4 Bk 33915 Ps309 -"-19311 .,t 03-19-2021 a 01 : 56P B L Zlr? *114E 1, L-C Uwfi _LERK A BARN&rA LEI -MASS. s639. Town of Barnstable Zoning Board of Appeals Decision and Notice Comprehensive Permit No6,20,13-003 Bevis Chapter.40B Comprehensive Permit Summary: Comprehensive Permit No.2013-003 is-rescinded Applicant: Krist.y A. and Jason F. Bevis. Property Address: 311 Church Street, West-Barnstable,MA Assessor's Map/Parcel: Map 153,Parcel 011 Zoning: Residential F (RF)Zoning District Deed Reference: Book 27562 Page 7 Permit Reference: Book 28088 Page 152 Locus and Background: The applicanten applied.for a Compreh sive Permit under Chapter 40B.of the General Laws of the Commonwealth of'Massachusetts, and in accordance.with Article 11 of Chapter Nine of the Code of the town of' Barnstable, more commonly termed the "Accessory Affordable Housing Program." Comprehensive Permit Number 2013- 003 was issued to the.applicant on Janu ary 8, 2014 and a Regulatory Agreement and Declaration of Restricted.Covenants Were recorded at the Barnstable County Registry of Deeds on April 15, 2014 as Book 28098,PaO 1:52. The Applicants no longer want to participate iii "the Program and therefore the Comprehensive Permit-No. 2013-003 must be.rescinded. Procedural &Hearing Summary: A public hearing to rescind Comprehensive Permit No..201.3-003 was duly advertisedand,notice sent to abutters-and the property owner all.in accordance with MGL Chapter 40A. The hearing was opened on February 10,..202.14t which time The Hearing Officer., Alex Rodolakis,made the following findings:and decision: Findings of Fact:. 1. The Applicants, Kiisty A. and Jason F. Bevis'. were granted Comprehensive Permit 2013-003 for an -accessory affordable apartment at 311 Church Street, West Barnstable,MA on January 8,.2014. A F. Town of Barnstable,Zoning Board of Appcals Com1)relic nsive Permit.No.2013-003—Bevis is rescinded j 2. The applicants, Kristy A. and Jason. F. Bevis,..no longer wish to participate in the Program. 3. On December 8, 2020, the Accessoty Apartment Program Coordinator took.action to rescind Comprehensive Permit.No.2013-003.. Ordered: Comprehensive Permit number 2013-603 is rescinded. A written copy of-this decision shall be forwarded to the Zoning Board of Appeal as.required by the Town of Barnstable Administrative Code C.iapier241 ,section 11. If:after f6iu-teeh.(1:4) days from that transmittal the Members of the.Zoning Board..of Appeals:takes no.action to reverse Ow. decision, this decision shall become.final.,and.a.copy shall be the.-filed in the office of the Town 'Clerk. , Appeals of the final decision, if any; shall be made to the.Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty ;(20) days after the date of'-the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlinj>JAGL Chapter 40B, Section 22. lex .odolakis, Hearing;Officer Date S gned 1, Ann Quirk, Clerk of the Town of Barnstable, Barnstable County;Massachusetts, hereby certify that twenty (20) dayys have elapsed since the Zoning Board of Appeals filed this decision-and that no appeal of the decision has been.filed in.the office of the Town.Clerk. Signed and sealed this /D "-6:day of under.the pains and,penalties of per j ury. Ann Quirk,Town. Clerk .y C'?i YS r..•fik�/ r BARNSTABLE REGISTRY OF DEEDS '',t o�°rfi... ...••A,� John F. Meade, Register ,'i d .MA�,. `� '.ai sa���`�` 2 dfr Application number Date Issued...........1).���1. >....... . ...... .............. KAM 63 l�q !ok 16 , � �ftiilding Inspectors Initials....... r .S D J'UN 2 Z�}i Map/Parcel................................................................. SOWN (k dAKIY6[ABLI TOWN OF BARNSTABLES5 - D 6 EXPEDITED PERMIT APPLICATION: ROOF/SIDING/WINDOWS/DOORS/TENTS/STOVES/WEATHERIZATION PROPERTY INFORMATION 1,Address of Project_ (�'1UCL`/1 S� vJ QS� lww-41,w NUMBER STREET VILLAGE Owner's Name: 4,1 iS't�l Qom►i S Phone Number So�S -3(00 a yC1 I Email Address: (i 5 i I Cell Phone Number ,Project cost $' Check one Residential Commercial OWNER'S AUTHORIZATION As owner of the above property I hereby authorize to make application for a building permit in accordance with 780 CMR Owner Signature: Date: TYPE OF WORK 0 Siding 0 Windows (no header change)# 0 Insulation/Weatherization 0 Doors (no header'change)# Commercial Doors require an inspector's review Z Roof(not applying more than 1 layer of shingles) Construction Debris will be going to CONTRACTOR'S INFORMATION Contractor's name ti Home Improvement Contractors Registration(if applicable)# (attach copy) Construction Supervisor's License# (attach copy) Email of Contractor Phone number ALL PROPERTIES THAT HAVE STRUCTURES OVER 75 YEARS OLD OR IF THE SUBJECT PROPERTY IS IN A HISTORIC DISTRICT, YOU MUST OBTAIN HISTORIC APPROVAL BEFORE A PERMIT CAN BE ISSUED. APPLICATION NUMBER............................................................ *For Tents Only* Date Tent(s) will be erected Removed on number of tents total Does the tent have sides? Yes No (If yes please attach floor plan with exits marked) Dimensions of each Tent X X X Additional tent dimensions can be attached on a separate piece of paper. Check one: this event is a: for profit non-profit event Check one: Food served Yes No Flame Spread Sheet of each tent must be attached. Provide a site plan with the location(s) of each'tent If food is being served at your event please obtain a Health Department approval between the hours . of 8:00am-9:30 am or 3:30 pm-4:30pm. Commercial events may require Fire Department approval. *WOOD/COAL/PELLET STOVES Manufacturer# Model/I.D. Fuel Type Testing Lab Offsets from combustibles: front back left side right side HOMEOWNER'S LICENSE EXEMPTION Homeowner's Name: Telephone Number Cell or Work number I.understand my responsibilities under the rules and regulations for Licensed Construction Supervisor in accordance with 780 CMR the Massachusetts State Building Code. I understand the construction inspection procedures,specific inspections and documentation required by 780 CMR and the Town of Barnstable. Signature Date APPLICANT'S SIGNATURE Signature Date ZS�I All permit applica 'a s are subject to a building official's approval prior to issuance. I The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): 1 S Address: City/State/Zip: vle5� �o�✓� _ Phone#: SAS q DL(9 t Are you an employer?Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have g, ❑Demolition workingfor me in an capacity. employees and have workers' Y P h'• t 9. ❑Building addition 11yo workers' comp.insurance comp.insurance. equired.] 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions 3:U3 I am a homeowner doing all work officers have exercised their 11.0 Plumbing repairs or additions myself. [No workers'comp. right of exemption per MGL 12.❑Roof repairs insurance required.]t c. 152, §1(4),and we have no employees. [No workers' 13.❑Other 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 a new affidavit indicating such. tContractors 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 is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address: 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 may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby cerd under the s ins and penalties of perjury that the information provided above is true and correct. (Signafore: Date: "2 S—l V CPhone#:' IV S oi; - 3 a 4 Gl 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): 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 or trustee of an individual,partnership,association or other legal entity,employing employees. However the . owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §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-contractors)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 required 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 that 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 town)."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 burn 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 questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 Tel.#617-727-4900 ext 406 or 1-877-MASSAFE Revised 4-24-07 Fax#617-727-7749 www.mass.gov/dia Barrows, Debi From: Florence, Brian Sent: Tuesday,January 02, 2018 11:13 AM To: Barrows, Debi Subject: FW: [ Probable SPAM ] Request#2018-0116: New Request Received Hi Debi, Can you please process this request? Thank you, -Brian Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4038 Brian.florence@town.barnstable.ma.us From: ad min=ba rnstable.foiadirect.gov(a)townforms.com.fmai Ito:admin=barnstable.foiadirect.gov(a)townforms.com] On Behalf Of admin barnstable.foiadirect.4ov Sent: Tuesday, January 2, 2018 10:32 AM To: Florence, Brian Cc: Quirk, Ann Subject: [ Probable SPAM ] Request# 2018-0116 : New Request Received Barnstable,MA Public Record Request Number:2018-0116 Requester: Todd Everson Request Date: Tuesday,January 02, 2018 10:30:40 AM Response Due Date:Tuesday, January 16, 2018 Request Detail: Building Department records for three (3)properties. 1) 311 Church Street, West Barnstable. 2) 339 Church Street, West Barnstable. 3) 359 Church Street, West Barnstable. Hi Brian Florence : We just have received a new Public Records Request. The request details are shown above. By design you are receiving this request first. Please evaluate and assign to the proper department and personnel in order to start working on the response. Please click the following link to arrive at your log in screen. btti)s://www.townfonns.com/FOIADirect-BarnstableMA/ i Amnesty Program Helping to make affordable housing possible. f Bastable�° own ® n Certificate of Compliance This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code f i and Town of Barnstable zoning ordinances in accordance with the Amnesty program. i Owner Kristy and Jason Bevis Location 311 Church Street, W. Barnstable Unit Capacity One Bedroom, not to exceed Two people Inspector { M/P No. 153/011 6/25/2014 a' is Amnesty Program Helping to make affordable housing possible. jown Of namstable 4 Certificate of Compliance This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code and Town of Barnstable zoning ordinances in accordance with the Amnesty program. Owner Kristy and Jason Bevis Location 311 Church Street, W. Barnstable Unit Capacity One Bedroom; not to exceed Two people Inspector M/P No. 153/O11 6/25/2014 Town of Barnstable Building Department - 200 Main Street , STABLE. * Hyannis, MA 02601 MASS 1639. . (508) 862-4038 Certificate of Occupancy Application Number: 201403152 CO Number: 20140075 Parcel ID: 153011 CO Issue Date: 06/25/14 Location: 311 CHURCH STREET Zoning Classification: RESIDENCE F DISTRICT Proposed Use: SINGLE FAMILY HOME Village: WEST BARNSTABLE Gen Contractor: PROPERTY OWNER Permit Type: RC00 CERTIFICATE OF OCCUPANCY RES Comments: 1 BEDROOM AMNESTY APARTMENT Building Department Signature D to Signed TOWN OF BARNSTABLE Buil"ding, 201403152 i BARNSTABLE, Issue Date: 06/04/14 Perm t 9 MASS 1639. Applicant: DRISCOLL,SUZANNE Permit Number: B 20141347 ArFO AAA A Proposed Use: SINGLE FAMILY HOME Expiration Date: 12/02/14 [Location 311 CHURCH STREET Zoning District RF Permit Type: AMNESTY APT NO CONSTRUCT RES Map Parcel 153011 Permit Fee$ 35.00 Contractor PROPERTY OWNER Village WEST BARNSTABLE App Fee$ License Num OWNER Est Construction Cost$ 100 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND PRE-EXISTING APARTMENT FOR ACESSORY AFFORDABLE APT.P OGMWARD MUST BE KEPT POSTED UNTIL FINAL NEED INSPECTION FOR CERT. OF OCCUP AND CERT OF COMPLIA ICE INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: DRISCOLL,SUZANNE BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: 311 CHURCH ST INSPECTION HAS BEEN MADE. WEST BARNSTABLE,MA 02668 t Application Entered by: RM Building Permit Issued By: THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY,NO SPECffICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. f ` MINIMUM OF FIVE CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.SHEATHING INSPECTION 3.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 4.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 5.PRIOR TO COVERING STRUCTURAL MEMBERS(FRAME INSPECTION). 6.INSULATION. 7.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A). VISIBLEPOST THIS CARD SO THAT IS Y BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1 1 2 2 2 3 1 Heating Inspection Approvals Engineering Dept ' Fire Dept 2 Board of Health .s s : i s :: I � s ------------ fs �4f -- - ;COJUN - - IV r- d l sizeirs VV 31 r -- - - r or -A _ _ ... .._ • __ - __ .. '__!�7`� •} mar - •`_ - r. gyp - - •-'•--- ---'- -' - Vls q k �® Y tl1 Q , v, O NOQ I s CA : _ F\ ;. p. _ .... .... . .. .... ., .. .. ( .. ! _. .. .. fe Mfg' .. .. .. .. .. :.�eR :..... . . SMOKE TECTG: nr.vi TOWN'OF BAR►NSTA"�LEI BARNST E Bl1JLDIN .... ..,,,,'u,.�.i........ ve�l•VMR tires lu 1,.1�.: .. �' tw.r.•..•._.. U... ...FIR .• . .._ . .—_. - . _—.. ` r Bd,TN SIGNATURE E REQUI>Yro FOR iRy D • , • \��' 4\7Tb,fJA V/,!//1/��/`►►,�'�hVYll I r`� t ,. � � : ' Il._�{�+ . upe .... .. . . .. , • ,; "sue,.. � � .;..... � wl�. � .o: � :�(�. i I � .���'�... • .... ..... . '�.�..".., .....,��.• ��`�°� . ..,.,fie .,..'._`... ..�`. �`6.•._. .:_._....� • . .., L . �... . , . .• .: ,.: . ......... .... .. CG! S...THE• ' NG.OF' e T...... TH D EN y I i t mc3NJ�-i� 1 ` OKE DETECTORS ED. L...f ... �' _ _ ..=...' �.i2i1tFC:�'1)r ;ONE.UK .••. �nncn OR r.RF►r _ �.. i A , tlRJf..almfLJe t 1..v.�. ��Iw.e(�h..nw.L+...w+�f.�".i•:r•gr •„yy ! NOTE: ABATE PERMIT IS REQ POR THE ' f ,. .. ... • TISFYTHIS'REQt11REMENT: A), .. ...... .. � �. I, ;. "�„a. � �... ... ..:_..... .. ...,........ .... :.. .. PERMIT DOES:NOT SA i $� As- ILP LA0e, , ,are tea\ h a�5� kecF feet f v ' S _ - � - . - . - • : _ : _ _ . - .,,.. .:�_.,. . `��� � ram. �;t . . CA r. - TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map 153 Parcel Application #c�o I Health Division Date Issued Conservation Division Application Fee Planning Dept. Permit Fee ; Date Definitive Plan Approved by Planning Board (10e_ Historic - OKH Preservation / Hyannis Project Street Address 3-It C rGh S-fl. Village 131C4r n5kk k2)L Owner I aso n E 4- Kr I hi - GV Address -5Ct,M2. Telephone 50%-3t o 4 -Qyct Permit Request (e e'-11-nmw a wl�med\k -�uf R CePs$o� `�Sc�-v{�0 koLL L� n - - PEA tc1sDe �irv-\ "mil' Q¢"jr," r* o(cej� 1)(A i Square feet: 1 st floor: existing \` C'proposed 2nd floor: existing \0 proposed Total new Zoning District F Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size a► • D Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(# units) Age of Existing Structure \CWA Historic House: ❑Yes ❑ No On Old King's Highway: M/Yes ❑ No Basement Type: Wfull ❑ Crawl ❑A Walkout ❑ Other Basement Finished Area(sq.ft.) - i Basement Unfinished Area (sq.ft) Number of Bath s: Full: existing 3 new _ Half: existing new Number of Bedrooms: existing new a . o, . Total Room Count (not including bath;): existing new First Floor;Uom Cour-t_ y - -c O Heat Type and Fuel: ❑ Gas O"OiI ❑ Electric Other sc) -n � yp �2�nm eys�tl �nQc.@.. Central Air: ❑Yes 01 o Fireplaces: Existing New Existing wood/coal stove: WYes ❑ No Detached garage: ❑ existing ❑ new size Pool: ❑ existing ❑ new size _ Barn: 1 existinb❑ ne size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # ao 13- D a I Recorded ❑ Commercial ❑Yes MrN* o If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) cNam""e'er l� Q,o; S Telephone Number Qgct c r--Addre s�, w11 Chu�,Wl License# baf(\StA6_1 Wife 011UL f' Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE ' \-DATE- //5ki . e FOR OFFICIAL USE ONLY -APPLICATIONS# k _ DATE ISSUED MAP/PARCEL N0. A ` ADDRESS _ VILLAGE OWNER ° DATE OF INSPECTION: ; s; _!FOUNDATION> FRAME ' f INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL i' PLUMBING: ROUGH FINAL GAS: ROUGH FINAL , FINAL BUILDING AFIAI V (,12011 u� t s DATE CLOSED OUT° ASSOCIATION PLAN NO. j A 2:9 CI a 8 P S 1-52 Z-) 03 -- 34-ip BARN MAS& MfN Town of Barnstable .Zoning Board of Appeals Comprehensive Permit Decision and Notice Comprehensive Permit No. 2013-029 Bevis Chapter 40B Comprehensive Permit Summary: Granted with Conditions Date: January 8, 2014 Applicant: Kristy A. Bevis and Jason E. Bevis Property Address: 311 Church Street West Barnstable Assessor's Map/Parcel: Map 153, Parcel 011 Zoning: RF Zoning District- Recording information: Deed Reference:- Book 27562 Page 7 Date Application Filed October 16, 201.3 Date.Hearing Opened January 8, 2014 Date of Decision (Closed): January 8, 2014 Property Ownership: The applicants are Kristy A. Bevis and Jason E. Bevis, the owners and occupants of 311 Church Street M West Barnstable as evidenced by a deed recorded in the Barnstable County Registry of Deeds on CL September 30, 2013 as.Book 27725 and page 321. A copy of which has been submitted for the a) N record. C)Q) r- 0 0 Relief Requested: 0 CO Mr. and Mrs. Bevis have applied for a Comprehensive Permit.pursuant to Chapter 40B of the General -7:4 Laws of the Commonwealth of Massachusetts, and in,accordance with § 9-15 of the Code of the CeQ) rn Town of Barnstable, more commonly termed the 'Accessory Affordab.le Apartment Program.. The 0 permit is,sought to allow for an affordable apartment accessory'to a single family home as provided C CN 0:3 o for in the Code of the Town of Barnstable and restricted to being affordable housing for qualified, U. persons as required under Chapter 400. The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to E Section 240-14 (A) Principal permitted uses in a RF Zoning District topermit an accessory apartment unit within the Addition located:to the right side of the owner occupied dwelling. The issuance of this Comprehensive Permit would allow for a separate, approximately 740 square feet.— one bedroom accessory affordable apartment. t Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Pennit No.2013.029-Bevis Locus: The property is a 2.60 acre lot that was developed in 1914 with a 5-bedroom, 3 -bathroom-2,589 square foot, Conventional style family dwelling. The.locus is in a.Residential F zoning district. Site Conditions The lot is served by well water and private on site septic system, The Town of Barnstable's Health Director Thomas McKean reviewed the application and stated no objections to a total of five(5) bedrooms for the entire property. Procedural &.Hearing Summary: A site approval.letter was issued for the property by Town Manager Thomas K. Lynch on October 16, 2013 in accordance with MGL Chapter 40B and 760 CMR 56.00. Notice of the site approval letter was sent to the Department of Housing and Community Development in accordance with the requirements:of CMR 760 56.00. An application fora Comprehensive Permit was filed at the Town Clerk's Office.on October. 16, 2013. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on December 13, 2013 and December 20; 2013, and notices were sent to all abutters in accordance with MGL Chapter 40B. The Public Hearing was opened on January 8, 2014 at 6:00 p.m. by the Hearing Officer Craig G. Larson. The applicant Kristy A. Bevis was present at the hearing. Cindy L. Dabkowski, Accessory Affordable Apartment Program Coordinator was also present. Craig G. Larson read the proposed conditions to the applicant. Ms. Bevis consented to the conditions. Ms. Bevis gave testimony as recorded in the hearing minutes filed with the Town Clerk The Hearing Officer opened the hearing to public comment. No one commented. The January 8, 2014 public comment period was closed by the hearing officer at 6:30 p.m. On January 8, 2014 the hearing officer granted comprehensive permit No. 2013-029 with conditions. A written copy of this decision shall be forwarded to:the Zoning Board of Appeals as required by the Town of Barnstable Administrative Code Chapter 24.1, section 11: If after fourteen (14) days from that transmittal the Members of the Zoning Board of Appeals takes no action to reverse the decision,this decision shall become final and a copy shall be the filed in the office.of.the : Town Clerk. Findings of Fact: At the hearing on January 8, 2014 the Hearing Officer, Craig G. Larson made the following findings of fact: 1. The applicants are Kristy A. Bevis and Jason E. Bevis who are the owners and occupants of the property located at 311 Church Street West Barnstable.. 2. Kristy A. Bevis and Jason E. Bevis were granted title to the property by deed recorded in the Barnstable County Registry of Deeds on September 30,.2013 in Book 27725 and Page 321. 3. On December 6, 2013, a site approval letter was issued for the property by Town Manager Thomas K. Lynch, in accordance with MGL Chapter.40B and 760 CMR 56.04 (4). Notice of the site.approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of 760 CMR 56.04 (2), and no issues were communicated from the Department on this particular application. 2 t Town of Barnstable,Zoning Board of Appeals Decision.and Notice,Comprehensive PemiitNo.200-029-Bevis 4. The accessory affordable unit is approximately 740 square feet in living area and is to be located within the addition to the right side of the dwelling: 5. The applicants have been informed that the AAAP unit shall meet all applicable health and building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by well water and private on site septic. The proposal has been reviewed by Thomas McKean, Health Director; he.stated no objections to a total of five (5) bedrooms at the property. 7. On October 28, 2013 Kristy A. Bevis and.Jason E. Bevis each signed an Accessory Affordable Apartment Program affidavit that commits, upon the receipt of a Comprehensive Permit, to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants, in a form satisfactory to the Town Attorney; at the Barnstable County Registry of Deeds. These documents restrict the unit in perpetuity as an affordable rental unit. 8. The applicants are aware that the affordable unit shall be rented to a person or family whose income is 80% or less of the Area Median Income (AMI) of the Barnstable Metropolitan Statistical Area (MSA) and agrees that rent(including utilities) shall not exceed 30% of the monthly household income of a household earning 801/6 of the median income, adjusted by household size. In the event that utilities are separately:metered, the utility allowance established by the Town of Barnstable shall be deducted from_rent level so calculated. 9. According to the Massachusetts Department of Housing and Community Development, as of January 3, 2013 6.62% of the town's year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. 10. The Town of Barnstable's Comprehensive Plan encourages the adaptive use of existing housing stock to create affordable units and the dispersal of these units throughout Barnstable. Summary: The Hearing Officer ruled that the applicants Kristy A. Bevis and.Jason E. Bevis have:standing to apply for a Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal is deemed consistent with local needs.because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health and.safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Conditions: Hearing Officer Craig G. Larson ruled to grant Comprehensive Permit No.2013-029 with conditions in accordance with MGL Chapter 40B and Article Il of Chapter Nine of the Code of the town of Barnstable, more commonly termed the ''Accessory Affordable Apartment. Program to the applicants, Kristy A. Bevis and Jason:E. Bevis who are the owners and occupants of the property located at31'1 Church Street West Barnstable. As seen on map 153 as parcel 011. This Comprehensive Permit allows for a one bedroom apartment unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed two (2) people. 2. The total number of bedrooms on the property shall not exceed five (5). 3. The accessory unit shall NOT at any time be occupied by a family member of the owners. 3 Town of Barnstable,Zoning Board of Appeals Decision and Noticc,Comprehensivc Permit No.2013.029-Bevis 4. All leases shall have a minimum term of one year and have provisions that require the tenant to provide any and all information necessary to verify eligibility with the AAAP 5. On October 21, 2013, the applicants were sent written copy of the inspection findings, submitted for record, that the unit must meet all applicable health and building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. All parking for the accessory apartment and the principal dwelling shall at all times be on- site. On street parking for all structures and uses on this property is expressly prohibited 7. Lodging or renting of rooms is prohibited for the duration of this Comprehensive Permit. 8. To meet affordability requirements, the rent charged (including utilities) shall not exceed 30% of 80% of the median income for a household for the Barnstable MSA(adjusted for family size). In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 9. AAAP Coordinator shall be the monitoring agent for the accessory apartment. Annual monitoring shall include verification of tenancy, affordability, and compliance with Housing Quality Standards (HQS). The cost for HQS monitoring shall be covered by the homeowner. The fee for the initial monitoring of affordability and annual certification inspection of the accessory unit shall be the same as the Health Department fee for the rental registration program. Currently that fee is $90.00 per unit. 10.The applicant shall apply for a building permit for the accessory unit, whether the unit is new or pre-existing. Before issuing an occupancy permit and certificate of compliance, the Building Commissioner shall determine that the unit conforms to the approved plans as submitted with the building permit application and meets state building and fire codes. The Health.Division shall determine that the dwelling is in compliance with applicable:on-site wastewater discharge requirements. 11.The applicants may select their own tenant from the prospective tenants supplied by the Administrator of the Ready to Rent List. The tenant must meet the requirements of the Accessory Affordable Apartment Program. The tenant's income shall be reviewed and approved by the Growth Management Department. The applicants shall work with the AAAP Coordinator to provide necessary information and documentation of tenant income eligibility. 12. The unit shall be rented on an open and fair basis to an income eligible individual. Whenever a vacancy occurs, notice shall be given to the Growth Management Department and the applicants shall request potential tenants from the administrator of the Ready to Rent List. The applicants shall pay all fees associated with accessing the Ready to Rent List. In the event that the Ready to Rent List is not in effect as of the date that the Building Department issues its occupancy permit, the applicant may select the tenant after open and fair marketing, providing that documentation of the same is given to the AAAP Coordinator and the AAAP Coordinator Approves the tenant selection process. 13. Should the accessory affordable apartment become vacant the property owner shall immediately notify the Accessory Affordable Apartment Program Coordinator. The property owner shall also notify the AAAP Coordinator of their request for potential tenants from the Ready to Rent List administrator. 14. Every twelve months the applicant shall review the income eligibility of the AAAP unit tenant. No later than a year from the date of issuance of this Comprehensive Permit, the 4 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Pennit No.2013.029-Bevis applicant shall file with the AAAP Coordinator, as Monitoring Agent, an annual affidavit stating the rent charged and income of the unit tenant. The property owners and/or tenant shall provide the AAAP Coordinator any additional information deemed necessary to verify the information provided in the affidavit and annual monitoring documents. 15. Upon any report from the Monitoring Agent that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or its Hearing Officer may hold a hearing to show cause as to why this permit should not be revoked. 16. 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 recorded at the Barnstable County Registry of Deeds 17. Should ownership of the subject property transfer the permit holder identified herein shall notify the AAAP Coordinator and provide, within 60 days of the date of transfer, the name and current contact information for the new owner of the subject property. 18. This Comprehensive Permit shall be exercised, all conditions met, and the unit occupied within twelve (12) months of its issuance or it shall expire. Ordered: Comprehensive Permit number 2013-029 has been granted with conditions. A written copy of this decision was forwarded to the Zoning Board of Appeals as required by the Code Chapter 241, section 11 of the Town of Barnstable Administrative code. If after fourteen (14.) . days from that transmittal the members of the Zoning Board of Appeals takes no action to reverse the decision, this decision shall become final and a copy shall be filed in the office of the Town Clerk. Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. The-applicant has the right to appeal this decision as outlined in MGL Chapter��Section 22. Craig G. Larson, Hearing Officer Date Signed Ann Quirk, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 11 i d Iq , 2014 under the pains and penalties of perj ury. , . Ann Quirk, Town Clerk ' t:"(}'aY '�'a;. U BARNSTABLE REGISTRY OF DEEDS 5 r A TOWN-OF BARNSTABLE BY: TOWN~GE OOMMONWEALTH OF MASSACHUSETTS County of Baarnstable,ss: gn this day of , „C, r 2014 before me,,the undersigned notary public.,personally appeared the Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were ,to be the person whose name.is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. Nota Public: Printed:. 11 My Commission Expires: ( /f % SHIALEE IU1AY.pAKLEY Not"M my Pubes' � EAtiti"pi l 6 BARNSTABLE REGISTRY OF DEEDS REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and,DEC-ARATION OF RESTRICTIVE OOVENA11M,is made this 7th day of April 2014,by and between Kristy A Bevis and Jason E.Bevis of 311 Church Street West Barnstable,MA 02668 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 by the Zoning Board of Appeals to permit the creation of an accessoryapartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/Farru7y(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 311 Church Street West Barnstable, MA 02668 as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 27725&Page 321. B. The Project located at 311 Church Street West Barnstable,MA 02668 will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family(the"Designated Affordable Unit" or the"Unit"). C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No.2013-029 and any plans submitted therewith and all applicable state,federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable County Registry of Deeds Book 2-9 G 8' &Page I C5 D::: . D. The Owner agrees to occupy the principal dwelling unit located on the property as their principal residence in accordance with the terms of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOW: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80%of the area median income of.Barr stable Metropolitan Statistical Area(MSA) and-that the Designated Affordable Unit shall be deemed to be impressed with.a public trust. 2. The Designated Affordable Unit shall be rented in.perpetuity to a household with a maximum income of 80%of the Area Median Income(_AMI) of Barnstable MSA and that rent(including utilities)shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement:. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, w mortgage note,or other instrument to which the Owner is a party or by which it or the.Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. b. 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 perpetuity to a household with a maximum income.of 80%or less of the Area Median Income.(AMI)of Barnstable Metropolitan Statistical Area(MSA) and that rent(including utilities)shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility-allowance established by Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring-Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30)days of the date that a tenant has vacated the Designated Affordable Unit. III. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the,monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80%or less ofthe-Area Median Income(AMI)of Barnstable MSA and that rent (including utilities) shall not exceed an:amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA.In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authorityshall be deducted from the rent. IV. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or impart of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court(collectively hereinafter the"Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book.and page or registration number of the Agreement. 2 r V. GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VI. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed,given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. VIL HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result mi claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. VIII. ENTIRE UNDERSTANDING: A This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties,and appended to this document. B. This Agreement and all of the covenants,agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are,granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 27725&Page 321 and shall be binding upon the Owner and all successors in title. This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions. contained in this Agreement shall be deemed to affect the title to the property described in deed recorded herewith as Barnstable County Registry of Deeds Book 27725&Page 32L IX TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after. 1)expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or$arnstable 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 X. 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,(i) are not merelypersonal covenants of the Owner,and(1)shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. M. 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 tenns and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have a lien on the Project to secure.payment of such costs and expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Projector anyportion thereof will be liable for the payment of any unpaid costs'and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XII. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing niortgagees 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 "? dayof Aod 1 2014. OWNER BY: I s;g�'u� Printed:_Kristy A.Bevis GOMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this 7"day of A v 2014 before me,the undersigned notary public,personally appeared ii t s . Bc v ,the Owner's),proved to me through satisfactory evidence of identificatiori,which were M.AC t,i C -0 5 tO.(o Y l 1--( 7.tv0 ,to be the,person(s)whose name(s)is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarilyfor the stated purposes. "I I �f b No . Public Printed C 1 y1C�t L Nba hKo W,S K.i My Commission Expires: ac1. r!o 4 CINDY 1, DABKOWSKI Notary Public �� IY COMMONWI AONOFMASSACHUSETTS ,Commission Expires ►� / ;eb'ruary 29; 2016 IN WITNESS WHEREOF,we hereunto set our hands and seals this day of Y'I I 2014. OWNER BY: �ted. n E.Bevis COMMONWEALTH OF MMSACHUSEM County of Barnstable,ssr On this `6 ' day of 1 2014 before me,the undersigned:notarypublic,.personally.appeared 3G 50 K l .6 C V6 ,the Owner(s),proved to me through satisfactory evidence of identification,which were MA L:l , is 5 31-1300 q to be the.peison(s)whose name(s) is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. n Not4Public Printed: t,;,m L. 1 p 5kj MyComMissionExpires: IN CINDY L. Q KOWSK1 No' ,'y -utfllc 3'✓INON'kc=0;: , t MASSACHOS1:TTS MY Col:-, .i.ssion txpi:os febiuc:y'29, 2016 i 5 The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations U. 600 Washington Street Boston,MA 02111 www.mass govl&a Workers' Compensation Insurance Affidavit:Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly' Name(Business/Organizafion/Individual): j e u�s Address: 31k C�ilurt . City/State/Zip: `Phone#: S 0'6-3(-0 4 - a` C1 Are you an employer?Check the appropriate boa: Type of project(required): 1.❑ I am a employer with 4. 0 I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6 ❑New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet 7. ❑Remodeling ship and have no employees 'These sub-contractors have 8. E]Demolition working for me in any capacity, employees and have workers' [No workers'comp.insurance comp.irrsrrrance. 9. Building addition r 5. We are a corporation and its 10.0 Electrical repairs or additions 3. I am a homeowner doing all work officers have exercised their 1 l.0 Plumbing repairs or additions myself [No workers'comp. right of exemption per MGL 1�.0 Roof repairs insurance required.]t c. 152, §1(4),and we have no employees. [No workers' 13.0 Outer 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 hue outside contractors must submit a new 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 mast provide their workers'comp.policy amber. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lie.#: Expiration Date: Job Site Address: 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$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties ofperjury that the information provided above is true and correct: Signature: Date: ($ Phone#: 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): 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. Pursuantto 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 or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §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-contractors)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 required 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 that 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 town)."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 questions, please do not hesitate to give us a call. The Department's address,telephone and fax number. The Commonwealth of Massachusetts Department of lndustual Accidents Office of Xuvestigations 600 Washington.Street Boston,MA 02111 Tel, #617-727-4900 ext 406 or 1-977-MASSAFE Fax##617-727-77749 Revised 4-24-07 vrWw.mas$_govfdia Town of Barnstable Regulatory Services P�°FZHE r°iyr Richard V.Scali,Director Building Division F snRrvsTnste Tom Perry,Building Commissioner Mass. 9�A 1639. ��� 200 Main Street, Hyannis,MA 02601 TEv �� www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: 6115I1� JOB LOCATION: number street village "HOMEOWNER": V,ci -3(oLk-ayG 1 name home phone# work phone# CURRENT MAILING ADDRESS: 56lW-e — city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two- family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature f omeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors); provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems, particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns: You may care t amend and adopt such a form/certification for use in your community. Q:\WPFILES\FORMS\building permit forms\EXPRESS.doc Revised 061313 1 t • BAHNSr"LE. 9� ' ,0 Town of Barnstable .erED NIA't a Regulatory Services Richard V. Scali,Director Building Division Thomas Perry,CBO Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit application for: (Address of Job) Signature of Owner Date Print Name If Property Owner is applying for permit, please complete the Homeowners License Exemption Form on the reverse side. Q:\WPFILES\FORMS\building permit forms EXPRESS.doc Revised 061313 I tz- Sw. ` CD s - "--- - -�\ c - 9 Pik'$ I 1. f o �4, . : 90 VI . Ol .bA o �... --J2 - Ek 28088 it sl1 52 �15710 04-15-2014 a 03 = 34c3. 2014 FEB 13 art11!.16 L BAEtN81'A9LB. ` . ij NAB& ►619• FD Mfv 6 Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Comprehensive Permit No. 2013-029 Bevis Chapter 40B Comprehensive Permit Summary: Granted with Conditions Date: January 8, 2014 Applicant: Kristy A. Bevis and Jason E. Bevis Property Address: 311 Church Street West Barnstable Assessor's Map/Parcel: Map 153, Parcel 011 Zoning: RF Zoning District Recording Information: Deed Reference: Book 27562 Page 7 Date Application Filed October 16, 201:3 Date Hearing Opened January 8, 2014 Date of Decision (Closed): January 8, 2014 N Property Ownership: M The applicants are Kristy A. Bevis and Jason E. Bevis, the owners and occupants of 311 Church Street West Barnstable as evidenced by a deed recorded in the Barnstable County Registry of Deeds on c September 30, 2013 as Book 27725 and page 321. A copy of which has been submitted for the aLO N record. o � N o Y Relief Requested: � Mr. and Mrs. Bevis have applied for a Comprehensive Permit pursuant to Chapter 40B of the General 00 Laws of the Commonwealth of Massachusetts, and in accordance with § 9-15 of the Code of the � M Town of Barnstable, more commonly termed the"Accessory Affordable Apartment Program". The opermit is sought to allow for an affordable apartment accessory to a single family home as provided 'o o for in the Code of the Town of Barnstable and restricted to being affordable housing for qualified UM persons as required under Chapter 40B. A The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to c a Section 240-14 (A) Principal permitted uses in a RF Zoning District to permit an accessory apartment m N unit within the Addition located to the right side of the owner occupied dwelling. The issuance of this Comprehensive Permit would allow for a separate, approximately 740 square feet—one bedroom accessory affordable apartment. Bk 28088 Pg153 #15710 4• Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2013.029-Bevis Locus: The property is a 2.60 acre lot that was developed in 1914 with a 5-bedroom, 3 -bathroom-2,589 square foot, Conventional style family dwelling. The locus is in a Residential F zoning district. Site Conditions The lot is served by well water and private on site septic system. The Town of Barnstable's Health Director Thomas McKean reviewed the application and stated no objections to a total of five (5) bedrooms for the entire property. Procedural & Hearing Summary: A site approval letter was issued for the property by Town Manager Thomas K. Lynch on October 16, 2013 in accordance with MGL Chapter 40B and 760 CMR 56.00. Notice of the site approval letter was sent to the Department of Housing and Community Development in accordance with the requirements of CMR 760 56.00. An application for a Comprehensive Permit was filed at the Town Clerk's Office on October 16, 2013. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on December 13, 2013 and December 20, 2013, and notices were sent to all abutters in accordance with MGL Chapter 40B. The Public Hearing was opened on January 8, 2014 at 6:00 p.m. by the Hearing Officer Craig G. Larson. The applicant Kristy A. Bevis was present at the hearing. Cindy L. Dabkowski, Accessory Affordable Apartment Program Coordinator was also present. Craig G. Larson read the proposed conditions to the applicant. Ms. Bevis consented to the conditions. Ms. Bevis gave testimony as recorded in the hearing minutes filed with the Town Clerk The Hearing Officer opened the hearing to public comment. No one commented. The January 8, 2014 public comment period was closed by the hearing officer at 6:30 p.m. On January 8, 2014 the hearing officer granted comprehensive permit No. 2013-029 with conditions. A written copy of this decision shall be forwarded to the Zoning Board of Appeals as required by the Town of Barnstable Administrative Code Chapter 241, section 11. If after fourteen (14) days from that transmittal the Members of the Zoning Board of Appeals takes no action to reverse the decision, this decision shall become final and a copy shall be the filed in the office of the Town Clerk. Findings of Fact: At the hearing on January 8, 2b14 the Hearing Officer, Craig G. Larson made the following findings of fact: 1. The applicants are Kristy A. Bevis and Jason E. Bevis who are the owners and occupants of the property located at 311 Church Street West Barnstable. 2. Kristy A. Bevis and Jason E. Bevis were granted title to the property by deed recorded in the Barnstable County Registry of Deeds on September 30, 2013 in Book 27725 and Page 321. 3. On December 6, 2013, a site approval letter was issued for the property by Town Manager Thomas K. Lynch, in accordance with MGL Chapter 40B and 760 CMR 56.04 (4). Notice of the site approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of 760 CMR 56.04 (2), and no issues were communicated from the Department on this particular application. 2 r Bk 28088 Pg154 #15710 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2013.029-Bevis 1 4. The accessory affordable unit is approximately 740 square feet in living area and is to be located within the addition to the right side of the dwelling. 5. The applicants have been informed that the AAAP unit shall meet all applicable health and building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by well water and private on site septic. The proposal has been reviewed by Thomas McKean, Health Director; he stated no objections to a total of five (5) bedrooms at the property. 7. On October 28, 2013 Kristy A. Bevis and Jason E. Bevis each signed an Accessory Affordable Apartment Program affidavit that commits, upon the receipt of a Comprehensive Permit, to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants, in a form satisfactory to the Town Attorney, at the Barnstable County Registry of Deeds. These documents restrict the unit in perpetuity as an affordable rental unit. 8. The applicants are aware that the affordable unit shall be rented to a person or family whose income is 80% or less of the Area Median Income(AMI) of the Barnstable Metropolitan Statistical Area (MSA) and agrees that rent(including utilities) shall not exceed 30% of the monthly household income of a household earning 80% of the median income, adjusted by household size. In the event that utilities are separately metered, the utility allowance established by the Town of Barnstable shall be deducted from rent level so calculated. 9. According to the Massachusetts Department of Housing and Community Development, as of January 3, 2013 6.62% of the town's year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. 10. The Town of Barnstable's Comprehensive Plan encourages the adaptive use of existing housing stock to create affordable units and the dispersal of these units throughout Barnstable. Summary: The Hearing Officer ruled that the applicants Kristy A. Bevis and Jason E. Bevis have standing to apply for a Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal is deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Conditions: Hearing Officer Craig G. Larson ruled to grant Comprehensive Permit No. 2013-029 with conditions in accordance with MGL Chapter 40B and Article II of Chapter Nine of the Code of the town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program" to the applicants, Kristy A. Bevis and Jason E. Bevis who are the owners and occupants of the property located at 311 Church Street West Barnstable. As seen on map 153 as parcel 011. This Comprehensive Permit allows for a one bedroom apartment unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed two (2) people. 2. The total number of bedrooms on the property shall not exceed five (5). 3. The accessory unit shall NOT at any time be occupied by a family member of the owners. 3 i Bk 28088 Pg155 #15710 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.2013.029-Bevis ' 4. All leases shall have a minimum term of one year and have provisions that require the tenant to provide any and all information necessary to verify eligibility with the AAAP 5. On October 21, 2013, the applicants were sent written copy of the inspection findings, submitted for record, that the unit must meet all applicable health and building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. All parking for the accessory apartment and the principal dwelling shall at all times be on- site. On street parking for all structures and uses on this property is expressly prohibited 7. Lodging or renting of rooms is prohibited for the duration of this Comprehensive Permit. 8. To meet affordability requirements, the rent charged (including utilities) shall not exceed 30% of 80% of the median income for a household for the Barnstable MSA (adjusted for family size). In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 9. AAAP Coordinator shall be the monitoring agent for the accessory apartment. Annual monitoring shall include verification of tenancy, affordability, and compliance with Housing Quality Standards (HQS). The cost for HQS monitoring shall be covered by the homeowner. The fee for the initial monitoring of affordability and annual certification inspection of the accessory unit shall be the same as the Health Department fee for the rental registration program. Currently that fee is $90.00 per unit. 10. The applicant shall apply for a building permit for the accessory unit, whether the unit is new or pre-existing. Before issuing an occupancy permit and certificate of compliance, the Building Commissioner shall determine that the unit conforms to the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division shall determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 11. The applicants may select their own tenant from the prospective tenants supplied by the Administrator of the Ready to Rent List. The tenant must meet the requirements of the Accessory Affordable Apartment Program. The tenant's income shall be reviewed and approved by the Growth Management Department. The applicants shall work with the AAAP Coordinator to provide necessary information and documentation of tenant income eligibility. 12. The unit shall be rented on an open and fair basis to an income eligible individual. Whenever a vacancy occurs, notice shall be given to the Growth Management Department and the applicants shall request potential tenants from the administrator of the Ready to Rent List. The applicants shall pay all fees associated with accessing the Ready to Rent List. In the event that the Ready to Rent List is not in effect as of the date that the Building Department issues its occupancy permit, the applicant may select the tenant after open and fair marketing, providing that documentation of the same is given to the AAAP Coordinator and the AAAP Coordinator Approves the tenant selection process. 13. Should the accessory affordable apartment become vacant the property owner shall immediately notify the Accessory Affordable Apartment Program Coordinator. The property owner shall also notify the AAAP Coordinator of their request for potential tenants from the Ready to Rent List administrator. 14. Every twelve months the applicant shall review the income eligibility of the AAAP unit tenant. No later than a year from the date of issuance of this Comprehensive Permit, the 4 Bk 28088 Pg156 #15710 Town of Barnstable,Zoning Board of Appeals Decision and Notice,Comprehensive Permit No.20LI.029—Bevis applicant shall file with the AAAP Coordinator, as Monitoring Agent, an annual affidavit stating the rent charged and income of the unit tenant. The property owners and/or tenant shall provide the AAAP Coordinator any additional information deemed necessary to verify the information provided in the affidavit and annual monitoring documents. 15. Upon any report from the Monitoring Agent that the terms and conditions of this permit are not being upheld, the Zoning Board of Appeals or its Hearing Officer may hold a hearing to show cause as to why this permit should not be revoked. 16. 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 recorded at the Barnstable County Registry of Deeds 17. Should ownership of the subject property transfer the permit holder identified herein shall notify the AAAP Coordinator and provide, within 60 days of the date of transfer, the name and current contact information for the new owner of the subject property. 18.This Comprehensive Permit shall be exercised, all conditions met, and the unit occupied within twelve (12) months of its issuance or it shall expire. Ordered: Comprehensive Permit number 2013-029 has been granted with conditions. A written copy of this decision was forwarded to the Zoning Board of Appeals as required by the Code Chapter 241, section 11 of the Town of Barnstable Administrative code. If after fourteen (14) days from that transmittal the members of the Zoning Board of Appeals takes no action to reverse the decision, this decision shall become final and a copy shall be filed in the office of the Town Clerk Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. ant has the right to appeal this decision as outlined in MGL Chapter 40B on 22. Craig G. Larson, Hearing Officer Date Signed I Ann Quirk, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of /�/ G'ff , 2014 under the pains and penalties of perjury, . .;'�0'illl Ann Quirk,Town Clerk " BARNSTABLE REGISTRY OF DEEDS 5 r Bk 2E088 P9157 *Tr 04-15-2414 &- 03 -- 340 REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTTVE COVENANTS,is made this 7th day of April 2014,by and between Kristy A.Bevis and Jason E.Bevis of 311 Church Street West Barnstable,MA 02668 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 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 311 Church Street West Barnstable, MA 02668 as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 27725&Page 321. B. The Project located at 311 Church Street West Barnstable,MA 02668 will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family(the"Designated Affordable Unit" or the"Unit"). C The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No.2013-029 and any plans submitted therewith and all applicable state,federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable County Registry of Deeds Book 2.9-0 $ &Page ! 5D=. D. The Owner agrees to occupy the principal dwelling unit located on the property as their principal residence in accordance with the terms of the comprehensive permit. II THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOW: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80%of the area median income of Barnstable Metropolitan Statistical Area(MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuityto a household with a maximum income of 80% of the Area Median Income (AK of Barnstable MSA and that rent(including utilities)shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, L r Bk 28088 Pg158 #15711 mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. GDMPLIANC E The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. C, LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80%or less of the Area Median Income(AMI) of Barnstable Metropolitan Statistical Area(MSA) and that rent(including utilities)shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authorityshall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30)days of the date that a tenant has vacated the Designated Affordable Unit. III MUNICIPALITY COVENANTS AND RESPQNMBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income(AMI)of Barnstable MSA and that rent (including utilities)shall not exceed an amount that is affordable to a household whose income is 80%of the median income of Barnstable MSA In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. JV. REQMING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court(collectively hereinafter the"Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. 2 I i Bk 28088 Pg159 #15711 V. GOVERNING QT 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. VI, NOTICE: .All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. VH. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. VIII. ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed bythe parties,and appended to this document. B. This Agreement and all of the covenants,agreements and restrictions contained herein,shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are,granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 27725&Page 321 and shall be binding upon the Owner and all successors in tide. This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in deed recorded herewith as Barnstable County Registry of Deeds Book 27725&Page 321. IX, TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1)expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2)notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable CountyRegistryof 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 28088 Pg160 #15711 X. 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 (1)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, (4) are not merely personal covenants of the Owner,and(iir)shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. XI. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30)days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. XII. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WITNESS WHEREOF,we hereunto set our hands and seals this-1 day of 2014. OWNER BY: C� A. Si namm Printed:_Kristy A.Bevis COMMONWEALTH OF MASSACHUSETISS County of Barnstable,ss: On this ' ''day of y, 2014 before me,the undersigned notary public,personally appeared r lS . BC V S ,the Owner(s),proved to me through satisfactory evidence of identificatiori,which were Mk L i c .It S(o G \.A i H 7 t00 ,to be the person(s)whose name(s)is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. b � Nota Public Printed: I n6 i, l)�a hKQWS KA My Comnvssion Expires: Z 9Lq• 110 4 CINDY L. DABKOWSKI Neiary Public COMrAONWEAITHOFMASSACHUSEITS my Commission Expires i:ebruary 29. 2016 Bk 28088 Pg161 #15711 IN WITNESS WHEREOF,we hereunto set our hands and seals this E�day of J 1I 1 2014. OWNER BY: Printed: Jason E.Bevis COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this b' ' day of T 2014 before me,the undersigned notary public,personally appeared 36 50 n—T: the Owner(s),proved to me through satisfactory evidence of identification,which were 1 G it 5 3('5n i L-J ,to be the person(s)whose name(s)is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. No t4 Pub& Printed: 0'\kckiA My Commission Expires: a Gt l6 S� CINDY L. DABKOWSK1 Notory Public C0MMON'WkA0:I W-MASSACHUSETtS My Corer,isston Cxp)res Februory 29. 2016 i i I i I i i 5 Bk 28088 Pg162 #15711 TOWN OF BARNSTABLE BY: TOWN MAWER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: n this day of 2014 before me,the undersigned notarypublic,personally appeared the Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were ,to be the person whose name is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes. No Public Printed: ! CCU My Commission Expires: . sHMLEE MAY oac�r oN� E*kn Ch s 6 BARNSTABLE REGISTRY OF DEEDS Town of Barnstable *Permit p Fxpir nt ro 'sue dale Regulatory Services Fee "IR ?ti Richard V.Scali,Interim Director QED MA't� Building Division 0 2014 Tom Perry,CBO,Building Commissioner 200 Main Street,Hyannis,MA 02601 (Yfi� a�l.� www.town.bamstable.ma.us ^ O)N %8- 62-4038 Fax: 508-790-6230 EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number 153 oil Property Address `511 ChU C&N Gt- W 4 S'� nS 2 yyA yalD.LO S� N216'sidential Value of Work$ La P)00 Minimum fee of$35.00 for work under$6000.00 Owner's Name&Address Y—t 31\ CChJv6h s`V. 6J. wA LQ(.o(.o 5 Contractor's Name MQ6\4_ Telephone Number Home Improvement Contractor License#(if applicable) \0Q au S Email: Construction Supervisor's License#(if applicable) CS — 00cl Q5 S [Korkman's Compensation Insurance Check one: ❑ I am a sole proprietor VI am the Homeowner have Worker's Compensation Insurance Insurance Company Name�('f�Up S Workman's Comp.Policy# — 22 L4�A 01. Copy of Insurance Compliance Certificate must accompany each permit. Permit Reques eck box) e-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken to !Zwn vE datpsAhuiL ❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement Windows/doors/sliders.U-Value (maximum.35)#of windows #of doors: ❑ Smoke/Carbon Monoxide detectors 4 floor plans marked with red S and inspections required. Separate Electrical&Fire Permits required. *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 Home Improvement Contractors License&Construction Supervisors License is required. SIGNATURE: aA- 0_e�:2�J Q:\WPFILES\FORMS\building permit forms\EXPRESS. oc Revised 061313 CERTIFICATE OF LIABILITY INSURANCE °ATE(MM/DD/YYY17 T1 W60EFITIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES B ELOW. THIS CERTIFICATE OF I NSURANCE DOES NOT CONSTTTLTE A CONTRACT BETWEEN THE ISSUING I NSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CER7IFICATE HOLDER. IMPORTANT:If thecertilicate Holder is an ADDITIONAL INSURED,the policy(es)must be endorsed. 11 SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require and endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT NAME: WII_JAM P.4LLIN BO INS AGCY PHONE FAX 2957 FA1-A4OUTii ROAD (AIC,NCI Ezt): (a/c,No): OSTERVU.F MA 02.655 E-MAIL ADDRESS: 7711}1W INSURERS)AFFORDING COVERAGE NAIC X INSURED INSURER A: TRAVELERS PROPEKIT CASUALTY COMPANY OF AME ICA V-rENZEL FRAMING INC INSURER B: INSURER C: INSURER D: as W�Ax wAY CENTERvII�M.A 02632 INSURER E: INSURER F.COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: �1REDNAMEDABOVEFORIMEPOLICYPERMNOCATEB NOTY1 isTAtIDm ANY REa l RElIETIi,TERM OR OCI,DiT1CY)OF ANY CCIYrRAC1 OR 01HER DOCIIyF]Yt UMTH PTO V*fCH THIS Ct3tnPrATE MAY BE ISSUED OR MAY PEFIrAk 7W rJS AW4 E AFF DR1 BYTE£POLtCItS DCSM BID MON IS SUBJECT TOALL 7HE T13a�E cLLISIOt S AND CONDITIONS OF S]W POLIO 6 Lf>!TS SFl7AAH MAY HAVE BEi3J REDUCED BY PAID CLAIMS SRR TYPEOFNSIFUY.CE AM RB POL1G1,t Y�ER PCUCYtFFDATE POLICYEFDATE (M*DDaYYYY) (ANDIXYYYY) LPZM GENERAL LIABILITY EACH OCCURRENCE $ rGEflk MMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR DAMAGE TC RENTED $ PREMISES(Ea ocrwre'1ce) QED EXP(Anyone persm) $ GREGATE LIMIT APPLIES PER: EFSONAL E ADV INJURY $ ENERALAGGREGATELICY a PROJECT LOC RODUCTS-COMPlOP AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE g ANY AUTO LIMIT{Ea accident} ALL OWNED AUTOS BODILY INJURY $ SCHEDULE AUTOS (Per person) HIRED AUTOS E3001LY INJURY $ NON-OWNED AUTOS (Per accrdertt; PROPERTY DAMAGE $ (Per accident) UMBRELLA LIAR OCCUR EACH OCCJFIR_NCE $ EXCESS UAB CLAIMS-WADE AGGREGATE. $ DEDUCTIBLE $ RETENTION $ $ A WORKER'S COMPENSATION AND X ;WCSIATUIORY OTHER EMPLOYER'S LIABILITY YIN UB-073IN449.13 07111r013 07/11/2014 UMRS AW PROPE RITORPARTNEi'EXEf.UT1VE OFRC9VMBLB El EXCLUDED? N/A E.L EACH ACCIDENT $ 100,000 (Mad2aoryit*Q ll yes,desobe rrda EL DISEASE-E.A EMPLOYEE $ 100.000 0ESMP`n NOF CPER0k11 tS bdaa EL.DISEASE•POLICY LIMIT $ s00 0O0 DESCRIPTION OF OPERATIONS'LOCATIONS'VEHCLES'RESTRICTIONSJSPEGAL ITEMS?PUS REPLACES ANY PRIOR X�RTIFICATE LSSUID TO THE X�R RFLCAT EHOL.DER _AFFECTING WORKERS COMP COVERAGE. 0 O O C � �-. ZE O CERTIFICATE HOLDER• CANCELLATION its TOIAIN OF BARNSTABLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 367 MAIN ST BEFORETHE EXPIRATION DATE THEREOF,NOTJCE LL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS 1�9 AUTHORIZED REPRESFNT.1 7VE 14Y.ANNIS,bLLA M.601 ACORD 25(2010/CS) The ACORD name and logo are registered marts of ACORD 17BB-2010 ACORD CORPORATION. All rights reserved. Massachusetts -Department of Public Safety Board of Building Regulations and Standards Construction Supervisor License: CS-009055 MARK A W ENZEJ` 45 WHIDAH WAY CENTERVILLE.MA 07-3�t Expiration j Commissioner 06/17/2014 i /ze '°"V)"0~ea14/ `Ag°°ac/.`°eCta .License or registration valid for individul use only Office of Consumer Affairs&Business Regulation g before the expiration date. If found return to: HOME IMPROVEMENT CONTRACTOR Registration: 1`00285 Type: Office of Consumer Affairs and Business Regulation Expiration: 6Z1-5/2-014 Private Corporation 10 Park Plaza-Suite 5170 Boston,MA 02116 W Z E L FRAMING IN Mark Wenzel \.1�_ 1 _�,� ///►►► ' 45 Whidah Way Centerville, MA 02632% Undersecretary i Not valid without signatu to1 Massachusetts - Department of Public Safety Board of Building Regulations and Standards Construction Supervisor License:.CS-009055 MARK A W ENZEJ` 45 WHIDAH WAY s CENTERVILLE.I�IA 1263� ,r1k%0 Expiration Commissioner' 06/17/2014 1'� �Oo"7JZOn"` °� �d License or registration valid for individul use only Office of Consumer Affairs&B siness Regulation g Y . - — HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: Registration: 1,00285 Type: Office of Consumer Affairs and Business Regulation 4 10 Park Plaza-Suite 5170 Expiration: :6/_1:5 2014 Private Corporation =� Boston,MA 02116 WW WTI . e f j. sn O , Mark Wenzel E ==_ r, , r l 45 Whidah Way 1l s``= _� Centerville, MA 026321j9: Undersecretary Not valid without signatu r . oF�E T Town of Barnstable Regulatory Services 9="u' g Thomas F. Geiler,Director 16 1.1. 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, Y—( �e,u�S , as Owner of the subject property hereby authorize Mui\L ��` to act on my behalf, in all matters relative to work authorized by this building permit (Address of Job) **Pool fences and alarms are the iesponsibility of the applicant. Pools are not to be filled or utilized before fence is installed and all final inspections are performed and accepted. f Owner Signature of Applicant signaturk) Print Name Print Name Date c i ii tHE Town of Barnstable Regulatory Services ` M3ARNSA'BABi>i ' Thomas F.Geiler,Director 1619. Building Division Tom Perry,Building Commissioner 200 Main'Street, Hyannis,MA-02601 www.towu.barnstable:ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LQCATlON: number street village "HOMEOWNER": name home phone# work phone# CURRENT MAILING ADDRESS: city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two- family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official on'a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the East page of this issue is a form currently used.by several towns. You may care t amend and adopt such a form/certification for use in your community. C:\Users\decollik\AppDataV-ocal\Mcrosoft\Windows\TemporarylntemetFleslContentOudook\QRE6ZUBN\E)PRFSS.doc r The Cam omtreah*afMassachusdts Departxxsrxlt ofhx&j3ft E d Accidents tyre of luvesfigtrtions 660 Wm*ingten&reef Boston,MA 0211i wfvw.xx�ass:go�r/rlux Workers' Campe-nsatian Insn2 any Affidavit.Badlders/Conto-actorsEJectricians/Plumbers Applicant Infarmafion Please Print-Leg;ibly Ad&ess__ CjIy/StatrJZip- U;W— QaW. '-- Phone i�- 60£5 - -n fs -! 4 I Are you an employer?Check the appropriate bow Type of project(regmred}: I_E, 1 am a employer with a _ 4_ 0 I ant a general contractor and I 6- E]New dart employees(full and/or part-time).* have hired the sub cton 2-❑ I am a sole proprietor or partner- listed on the attached sheet 7. ❑Remodeling ship and have no employees These sob-contractors have g- ❑Demolition working for me in any capacity. employees and have workers g- ❑Building addition (No workers' comp_invFranre comp-insu m, reTiired-] 5. ❑ We are a corporation and its 10-C]Electrical repairs or additions 3.❑ I am a homeowner doing all worlL officers hay-e exercised their 11-0 Plumbing repairs or additions myself[No workers'comp- right of eIM. tioa per MGL 12 SJIFoof repairs insurance required,]T c-152,§1(4} and we hati a no, employees-[No workers' 13-❑Other camp_in=wce required-] *Any applicant dolt checks boa-1 mast also fill out the section below slowing their wadeW iuftmmzdm T Hameonmers who sabmit ills affidavit mffCating they are:doing an wait and then lure outside contactors zrmst submit anew affldavit indirating.mrIL ECoutactaa thst rf+xt this box mast attached an 3r3d;ti on-I sheet shocking the mmne of tfie sub-cm ftzchxs and state whether ornot those have employees If the sob-coatmct—hate employees,they—, provide their warps'comp.policy number. I am an employer thrd is providieg tt,or&ers'compensation irtsurarice for my emplayeecs B*tv is die paHcy rued job site irtfotmaiian_ - Insurance CompauyN=e: uA,�Qws Policy 4 or.Self-ids-Lac-#- U p13 k H�a - 3 Expiration Date:—7 1Li Job Site Address UJ_ t c�.S�U l CifyfS tat>'IT.tp: NSA ( l t? (D Attach a copy of the mmikers'compensation policy declaration page(showing the policy number and expiration date). Failure to secorecoverage as requiredunder Section25A o€MGL c 152 can lead to the imposition ofcriminal penalties of a fine up to$1,300-0a andlor one-yearimlxisoument,as well as civil penalties in the fig of a STOP WORE ORDER and a fine of up to$250-00 a day against the violator- Be advised that a copy of this sWement maybe ffirwarded to the Office of Investigations of the DIA for insara*+ce coverage verrficatiom Ida hereby certify raider the pain s and penalties afpetlxry dtatdta info rrnafian provided above is hue and correct Simature: Y► 1 WL —. LAD 2 a Date: `S I t�D) I y Phone#: 0 k&I use mily. Ds not writs in th&area,to be campieted by cdy or fawn of 5'ciaL City or Town: Pe rmitUcense# ImuingAuthoe#(circleane), . l.. A Tl . • l S • •• TA • s Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuantto 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 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 eWloys 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 Iocal 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-contractors)name(s),address(es)and phone numbers)along with their certificaf.e(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 ties affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance toverage. 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 required 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/licease number which will be used as a reference number. In addition,an applicant that must subunit 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 town)."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 questions, please do not hesitate to give us a call The Department's address,telephone and fax number: The GommnnveaTth of Massachusetts Department of Industrial Accidents Effuse of kavestiptions �Q'�ashi�agton St�ee� Boson,MA 02111 T a o 617-727-4900 W 406 or 1-M MASSA`E rrIULIL Regulatory Services ate: 01 Iq Richard V. Scali,Interim Director .4 e: Building Division BMMS ABM ' Tom Perry, Building Commissioner �.� 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 TOWN OF BARNSTABLE SOLID FUEL STOVE PERMIT Owner: g Qc o.,) Phone: S y�-3Co Wit, 'a LA G Install at: 311 (VNuf0) Ste. Village: W ask Map/Parcel: ,5 3 d 11 Date: N Stove o 0 A. Ne Used cn B. Type: diant/ irculating :2: a C. Manufacturer: \ /a(can Gt n Lab. No. v4 tk-t CEO Q O°a-!s 1 a, D. Model No.: S*f-o1S OCR A A. Ne /Existing (If existing,please note date of last cleaning .0 B. Flue Size 'I �nt.�\ ,C), rn, C. Are other appliances attached to Flue? t4 O D. Pre-fab Type and NaaActurer SacU,'\kt SS S\-QeI -( nU Vj-( E. Masonry: Line alined Hearth -- N)1> A? Materials: B. Sub Floor Construction: Cor\cA ,,� Installer Name: 'S CGSof\ 3E,y S Address: 3\t. C1n,yt Phone: 71 y - 91,U- '1"11 S Location of Installation: Cl4lStzcl�(1t H.LC Registration# Construction Supongsor# OR check omeowner Installing, no license required LICENSED INSTALLERS SIGNA URE: Of APPLICANTS SIGNATURE: ! APPROVED BY: �— ! Please make checks payable to the Town of Barnstable *This constitutes an official stove permit after inspection,photographed, and approved by the Building Inspector Q:forms:stove Rev 11/4/13 tir ' Tate Comrnoms kh ofMassachuseft Deparhaent+of Iatrbu ft-hd Accidents 0KWe I of irvestrgadons 600 Washington.,iYreet Boston,MA 02111 www.masmgov/dia Workers' Compensafian Lisurance Affidavit:Budlders/Contractors/Blectricians/Plumbers t Information Please PrintLef-ibly Name csusfiwssraduan: a sD., Zil ►S Address: 3 l Valk S Phone Axe you an employer?Check the appropriate box: a contractor T. ama�r and I �of project(required): I_El I am a employer with 4 I a ❑ 6_ ❑ con New st=tioa employees(full and/or part-time).* have hied the sub-contractors 2-❑ I am a sole proprietor or partner- listed on the attached sheet 7- ❑Remodeling ship and have no employees These sub-contractors have g_ ❑Demolition w for mein an c ci �- amp"and have workers' working y � -t5 - 1 9_ ❑Building addition [No workers' camp.insurance Comp-insurance- 5- We are a corporationand its 10-.❑Electrical repairs or additions req 3- I am a homeowner doing all work officers halve exercised their 11-❑Plumbing repairs or additions myself [No workers'comp- right.of&xemption.per MGL IZ.❑Roof repairs inmrrancerequired-]1 c.152,§1(4� and we have.no employees-[No workers' 13_❑Other comp-insurance required-]; *Any ap h=that chedcs boa#1 mast also fill out the:section below showing ilea womkers'compensafioa polies iufnrmatina- Homeowners who submit iNs.affidavit mdicsting duey are daing all irate and then hire outside coot rxrors rrm submit a new of davit inxr rich tCautzactors that check this bane must attached an additional sheet showing the name of&a sub-om&zcbm and state whether or not these on ities have empkrfees, if the sob-cautmarn hn-e earployees,they nmrt pmvide their warkus'Comp.policy u—ber_ T am an employer that is prmitlirrg workers'congmnsation insurance for my employees. Belau is the policy and job site inforination. ,Insurance CompanyName: Policy#or Self-ins-Uc-#: Expiration Date: Job Site Address: City/State/Zip: Attach a ropy of the workers'compensation policy declaration page(shoving 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 yearimprison-t,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 may be forwarded to the Office of Investigations of the DIA 5or insurance:coverage mrification- I do hereby certify render thapains and penalties ofpetjury that the informration protzded abm a is true and correct C. Date: 12-130213 Sz tore: -7 Phone ©„Utcial use only. Da not write in this area,to be completed by city or town official City or Town: PermitUcense# Issuing Authority(circle one): 1.Board of Health.2.Building Department 3_Citylrown Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: 6 i 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 or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be employer." MGL chapter 152, §25C(6)also states that"every state or Iocal 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 in c,n'ance 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-contractors)name(s),address(es)and phone number(s)along with their certi.ncate(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 required 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 permitllicease number which will be used as a reference number. In addition,an applicant that 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. town)."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 questions, please do not hesitate to give us a call The Department's address,telephone and fax number: The Gomm.onwWth of Massachusetts Depax meat of Industrial Accidents Office of kwstig,adms 600 washingtau Sizy,-et Boston,MA 02111 Tel.#617-727-4.900 w 406 or 1-977-MASWE . Revised 4-24-07 Fax# 617-727-7749 wWW.mus.gov1dia f Q. ho is.re�onsible for making application forth :permit?j Application for a permit is required to be made by-the owner or lessee or their agent of the building (e.g.; the HIC registrant ). If application is made other than by.the owner, written authorization of the owner must accompany the application. Such written authorization shall be signed by 'the owner and shall include a statement of ownership and shall identify the owner's authorized agent, or shall•grant. permission to-the lessee to apply for the permit. The full names and addresses of the owner, lessee, applicant and the.responsible officers, if the owner or lessee is a corporate body, shall be stated in the application. Please note:-It is there onsibili of the registered HIC to obtain all . permits necessary for work covered by the Home Improvement . Contractor Re_ istration Law, M.G.L. c 142A. An owner who secures his or her own permits for such shah be excluded from the guaranty fund provisions as defned in M.G.L. c. 142A. Back to Top Q. My contractor told me I need to obtain the permits fo m construction. May I obtain the relevant permits from, Amy local buildin department or. is ffhj�qqn��a�q ___Jre uired to do that?While you may certainly obtain your own permits, be aware that if you do, You will fall into a homeowner exemption that will disqualify you from being eligible to-receive recourse through M.G.L c. 142A, th.e HIC Law, or the statutorily authorized Guaranty Fund, should a problem arise.' It is the responsibility of the registered HIC to obtain all permits necessary for work covered by the Home Improvement Contractor Registration Law M.G.L. c. 142A. If the HIC you are contracting with refuses, you may wish to reconsider using that contractor's services. oFTME Via, Town of Barnstable Regulatory Services MAM 's'� Thomas F.Geiler,Director 1639. Building Division Tom Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnsiable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section. If Using A Builder I ,as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit (Address of Job) **Pool fences and alarms are the responsibility of the applicant. Pools are not to be filled or utilized before fence is installed and all final inspections are performed and accepted. Signature of Owner Signature of Applicant Print Name : Print Name Date QTOR MOWNERPERMISSIONPOOLs 62012 t r Town of Barnstable . "� Regulatory Services Thomas F.Geiler,Director 639. & 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 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: 3o Cb uaX \ y 0 Si bit 6(1 Sf&hQ number street village "HOMEOWNER":- - '5ASDfN b&.)1 S name home phone# work phone# CURRENT MAILING ADDRESS: `. ` C 11 ul( \ S� 1 y'Q S city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,.provided that the owner acts as supervisor. F DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside, on which there is, or is intended to be,a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such. "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department rninimum inspection procedures and requirements and that he/she will comply with said procedures and require Si re of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,'000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control.. HOMEOWNER'S EXEMPTION The Code states that "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15).This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. -Q:forms:homeexempt p�, I� � rz CG S � - 3� - �� � f �� � oFt rqk, Town of Regulator, • snxxsrABLE, MASS. 9 � Thomas F.Geile Building Tom Perry, CBO, Bi 200 Main Street, E. www.town.ba Office: 508-862-4038 EXPRESS PERMIT APPLICAT Not Valid without R Map/parcel Number Property Address Residential Value of Work Minimur Owner's Name& Address Contractor's Name Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map . .1 53 Parcel oil Application # Health Division ' Date Issued �2 6 Conservation Division Application Fe Planning Dept. Permit Fee " Date Definitive Plan Approved by Planning Board Historic - OKH Preservation/Hyannis R Project Street Address '&k\ CVu(6A 4(0 Village t 14sit RW615�\_ Owner �k six q>�ks Address 3o clnvrclrx-_S-�. W.. (3(fnsvabl.e. Telephone Permit Request lenluce c rw-� , �-,A i rve i1e w a `i p i��on Wall \r\ \a-uMi R rnw4y- MOv-2_ "AAOw cx nrl i N-ItaI entry doy(. \C)A& reLr 1 X LA L.i►aCln quare fee 1 stRo":efsti g proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation 0 . oo v Construction Type—; Lot Size OM-9 aueS Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family 8' Multi-Family (# units) o Age of Existing Structure °\°I•Irs Historic House: ®'Yes ❑ No On Old Kings Highwap-?31-16—sr ❑ No Basement Type: LKull 0 Crawl ❑Walkout ❑ Other Basement Finished Area (sq.ft.) Basement Unfinished Area(sq.ft) � cr, Number of Baths: Full: existing 3 new J6 Half: existing W, _nA�v Number of Bedrooms: s existing new Total Room Count (not including bath): existing �© new First Floor Room Count Heat Type and Fuel: ❑ Gas 361 ❑ Electric ❑ Other Central Air: ❑Yes Colo Fireplaces: Existing 1 New Existing wood/coal stove: ❑Yes Q�II`No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: Yexisting ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes UA No If yes, site plan review # Current Use (�e.S�der� a1 Proposed Use A w tom /emk , m,)&A APPLICANT INFORMATION (BUILDER OR HOMEOWNER) - Name ��t two ^'V� Telephone Number s `' G till Address License # 0 �S Z Home Improvement Contractor# u 3 ,4 A m 2 n Z 1. 'L �1 '��► Workers Compensation # 7 P Y 6 �� nso�/ie® o j ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE d l0 DATE 16 "� %� t k� F- FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED MAP/PARCEL NO. `r - f ADDRESS VILLAGE OWNER J DATE OF INSPECTION: . ?FOUNDATION FRAME �'�i�/d� /°�l�v/63 -INSULATION ,�ldU��e z � xei - FIREPLACE f ELECTRICAL: ROUGH FINAL } PLUMBING: ROUGH FINAL GAS: ROUGH FINAL y FINAL BUILDING " l DATE CLOSED OUT ASSOCIATION PLAN NO. - l X. The Commonwealth of Massachusetts Department oflndirsozal Accide+itr Office of Investigations 6#0 WashhWon Street Boston,MA 02111 wnrn:ma=goerdia Workers' Compensation Insurance Affidavit:Bmiders/Cont actrus/Flectricians(Plumbers A,uphcant Information Please Pry Lezibly N�(Bus�,orgat�®,ln�ao: �c�z-c-r 'tam 'ai c , Address-- 4s- WI k h uJ City/statelzip: ���L t mime on an employer?Check the appropriate boz: Type of project(required}: 1. am a employer with 4. El am a general contractor and I 6. ❑New construction employees(full andlorpart-time).* have hired the sub-conbwctors 2 El am a sole proprietor orpartner- listed on the attached sh 5et 7_XRemodeling ship and have no employees These sub-contractors have g Demolition working for me in any capacity- employees and have workers' 9 ❑Build-mg addition [No worlms'comp_insurance comp-insurance required-] 5. ❑ We are a corporation and its 14_❑1Elechical repairs or additions I❑ I am a homeowner doing all work officers have exercised their 11_❑Plumbing repairs or additions myself [No workers'comp- right of exemption per MGL 12�Roof repairs insurance required.]l c_152,§1(4},and the have no ' employees.[No workers' 13.❑Other _ comp-insurance required-] am Po rh Any appTcat ecksbo:>rl miLoalso fiIl out the secfionbelow showing their wmkers'compensatiampolicy iThnMdiaa Homeowners who sabndt this affidavit indicating diey are doing all wank and thenue h oatside conuacmrs must submit a new sffidavrt indicating such_ fContrncma that cbect this baz mast attached sn addidnnil sheet showing the name of Hte sub-cu=Won and state whetter snot those entities have ArVI employees. If the=V contmaors have employees,they most provide their workers'comp.policy maaber. I ain an employer thatis providing ttwrkers'compensafan iiisraratzce for my employees. B&ta is flee policy atnd,lob site informa dom Insurance Company Name: FxpiratianDate: Policy A or Self-ius.11,311 Li.eaa.#: ii__ 013 q4 4 I y � � f� L �A Jolp Site Address: V`I �Yl U �� � City/State/Zip: W` 60��6-64IU ""t 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 cavil penalties in the form of a STOP WORK ORDEELand a fine of up to$250-00 a day against the violator_ Be advised that a copy of this statement maybe fmvawded to the Office of Investigations of the DIA for insurance coverage verification. I do Hereby certify under the pidns and pen aRies ofperjury tLart A utfonna fimi pro vided'above is tmw anal corract Si tore Date: /D �S 3 Phone4- Qftial uses onl5i Do not writs in this areas,to be campleted by city or ibwn OffLciaL City or Town• Permitliicense# Issuing Authority(tarele one): 1.Board of Health 2.Building Department 3.OWFown Clerk 4.Electrical Inspector S.Plumbing Inspector 6.Other Contact Person- Phone 9' 6 RiRhtfax C1-1 9/13/2013 8:57:13 AM PAGE 2/002 Fax Server CERTIFICATE OF LIABILITY INSURANCE DATE 91=_201YYYY) 13 T RTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. HIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCE AND E CERTIF CATE HOLDER. IMPORTANT:If the certincate holder Is an ADDITIONAL INSURED,the poifcy(les)must be endorsed. IT SUBROGATION IS WANED,subject to the terms and conditions of the policy,certain policies may require and endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements. PRODUCER CONTACT NAME: WILLIAM PALUMBO INS AGCY PHONE FAX 2957 FALMOUTH ROAD (A/C,No,Eats (AIC,No); OSTERVILLE,MA 02655 EMAIL ADDRESS; 77NHW INSURERS}AFFORDING COVERAGE NAIC N INSURED INSURER A: TRAVELERS PROPERTY CASUALTY COMPANY OFAMERICA WENZEL FRAMING INC INSURER B: INSURER C: INSURER D: 45 WHIDAH WAY INSURER E CENTERVILLE,MA 02632 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS US TO CERTIFYINATT O SOF INSURANCELISTEDB O HAVEBE SUED 70 THEUISURED HAMM ABOVEFOR THEPOLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACTOR OTHER OOCUMETIT VATH RESPECT TO WHICH THIS CERTUaCATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCR13ED HER8H 15 SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LDBTSSHOWHMAY HAVE BEEN REDUCED BY PAID CLAM. INSR ADD SU8 POLICY EFF DATE POLICY EXP DATE LTR TYPE OFINSURANCE L R POLICY NUMBER (MM MYYYY) (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE g COMMERCIAL GENERAL LIABILITY CLAIMS MADE M OCCUR. AMAGETORENTED $ EMISES(Ea occurrence) ED EXP(Any one person) 3 GENL AGGREGATE LIMB APPLIES PER: SONAL&ADV INJURY $ ENERAL AGGREGATE $ POLICY [—]PROJECT O LOC ODUCTS•COMPIOP AGG S AUTOMOBILE LIABILITY OMBINF.D SINGLE S AIJY AUTO IMIT(Ea accident) ALL OWNED AUTOS ODILY INJURY S SCHEDULE AUTOS Per person) HIRED AUTOS ODILY INJURY g NON-OWNED AUTOS Per accdent) ROPERTY DAMAGE $ Per aoddent) UMBRELLA LIAB M OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE g DEDUCTIBLE g RETENTION S g A WORKER'S COMPENSATION AND WC STATUTORY OTHER EMPLOYER'S LIABILITY YIN US-0731N449-13 07/11►2013 07/11/2014 X LIMITS ANY PROa EMBER EXCU)DR/EXECi1TNE WA E L EACH ACCIDENT $ 10D,000 aFFICEw�.E�+aER ExcwDw? (Mandatory In NH) EL DISEASE-EA EMPLOYES I g 100,000 Ryes,describe vnde/ DESCRIPHON OF OPERATIONS b0cry EL DISEASE-POLICY LIMIT IS 50D,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIRESTMCTIONSISPECIAL ITEMS THIS REPLACES ANY PRIOR CE.RMPICATE ISSUED TO TFIB CERTIFICATE HOLDER AFFECTING WORKERS COMP COVBRAOE CERTIFICATE HOLDER CANCELLATION TOWN OF BARNSTABLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE OELRIERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 367 MAIi\t ST AUTHORIZED REPRESENT YE I YANNIS,MA 02601 r-non x roninr(R% I.n ArnOD..aw, ,2. 1 Innn 4 e.e..l�ln.e marks oT ACORD 9 -2010 ACORD CORPO ION. A rights reserved, Received Time �ep. 13. 2013 9:- -A Igo. 281�` https:/Icoll29.afx.msratYGetAttachment.aspx?file=094ea2e2-6823-46c2-8...05b6664b69204e4507a8ec52caO20tec928141797a8479e524&oneredir=1 10/2/13,4:51 PM Page 1 of 1 .0 Massachusetts -Department of Public Safety Board of Building Regulations and Standards Construction Supen•isor License: CS-009055 MARK A WENZEJ` _-- 45 WKMAH WAY CENTERVQ,LE VIA '02632r� Expiration Commissioner 06/17/2014 �lfie �i�omr��zoozuieA Office of Consumer Affairs&B sines✓vs R gno HOME IMPROVEMENT CONTRACTOR Type: Registration: ._,100285 Expiration: -61-1512014 Private Corporatid W ZEL FRAMING,INC _ Mark Wenzel 45 Whidah Way Centerville,MA 02632::,,., >;; Undersecretary I MARK A WENZEL 45 WF11DAH wAY (_FNTEPVUJLE MA 02632 ✓z '�, _ 06/17/2014 _ Office ov eonsnmer Arrntrs.R B¢Eloess Regulatvo -.,.HOME IMPROVEMENT CONTRACTOR ' 'f-7! Regi5tranon: 1002a5 Type: i"�'v_�;'• Expiration: 6/1512014 Private Cofpolalic WENZEL FRAMING.INC. Mark Wenzel 45 Whidah Ways�s Centerville.MA 02632 Undersecretary Lieousc or Mgistrntion valid for individut use only hol'orn the expiration dnte. 1f found return In: office of Consumer Aff81r3 and Dusiness Regulation l0 Pnl'li -suite 5170 Boslou,MA 02-116 Notvulid witimitcignaturc Parcel Detail Page 1 of 2 1HE "— I ARNSTAtiLE MASS, Epp L/39. Mk- .., .. Logged In As: Parcel Detail Wednesday,October 30 2013 Parcel Lookuo Parcellnfo I Developer Parcel ID 153-011 Lot i Location 311 CHURCH STREET I Pri Frontage 1280 Sec Sec Road Frontage village IWEST BARNSTABLE I Fire District JW BARNSTABLE Town sewer exists at this address ND I Road Index 0308 I Asbuilt Septic Scan: Interactive ` 153011_1 Map 153011 2 Owner Info Owner DRISCOLL, SUZANNE I Co-owner:%BEVIS, KRISTY A&JASON E Streets 1311 CHURCH STREET Street2 city IWEST BARNSTABLE I State MA zip 02668 I Country I J Land Info Acres 12.60 use ISingle Fam MDL-01 I zoning R F Nghbd 10107 Topography Level ( Road Paved Utilities jGas,Well,Septic I Location Construction Info Permit History Visit History Sales History Line Sale Date Owner Book/Page Sale Price 1 12/23/2003 DRISCOLL, SUZANNE 18063/070 $0 2 9/19/1980 DRISCOLL, MICHAEL J &SUZANNE 3157/74 $0 3 9/30/2013 BEVIS, KRISTY A&JASON E 27725/321 $400,000 - Assessment History Save# Year Building Value XF Value OB Value Land Value Total Parcel Value 1 2013 $191,800 $40,300 $1,900 $226,500 $460,500 http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=10324 10/30/2013 Town of Barnstable ` Regulatory Services BARNgUBM KASa �, Thomas F.Geiler,Director 6;�a►� ' 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 as Owner of the subject property hereby authorize We ?,f-\ to act on my behalf, in all matters relative to work authorized by this building permit 3< < Chur[.� S-f t.J•• �a�nS-1u!�-s� (Address of Job) **Pool fences and alarms are the responsibility of the applicant. Pools are not to be filled or utilized before fence is installed and all final inspections are performed and accepted. c SijnatU6 of Owner Signature of Applicant Print Name Print Name Date Q:roxMs:owrtslPEMMslorrnool:s 62012 Town of Barnstable Regulatory Services Asa Thomas F.Geiler,Director 39, 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 HOMEOWNER LICENSE EXEMPTION DATE: Please Print JOB LOCATION: number street village "HOMEOWNER": name home phone# work phone# CURRENT MAILING ADDRESS: city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two- family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two=year period shall not be considered a homeowner. Such"homeowner shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This-lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed.against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. C:\Users\demUil\AppData\Local\Mierosoft\Windows\Temponuy Internet Files\ContentOudook\QRE6ZUBN\EXPRESS.doc Revised 053012 e MJJLJLc11scf1 ASSOClaCes or mass— — UttlJ BUUK 3157 PAGE 74 Michael Driscoll PLAN BOOK PAGE LOT !CANT Same ASSESSORS PLAN PLOT MORTGAGE INSPECTION PLAN OF LAND r _ I N B A R N S T A B L E :+ SCALE: 1 =100'41-2— ,'' MARCH 26, 1987 Vy /VIAP 17b N '•,ems^. i _ `•,1 .. �- 2ic9 i ,Y� 0 ty, `,2v h i 011.)Pch Sfreef I CERTIFY TO APPRAISAL ASSOCIATES OF MASS„ SENTRY FEDERAL SAVINGS BANK, AND ITS TITLE INSURANCE COMPANY, THAT THERE ARE NO VISIBLE ENCROACHMENTS OR EASEMENTS EXCEPT AS SHOWN AND THAT THIS PLAN WAS PREPARED UNDER MY IMMEDIATE SUPERVISION, THE LOCATION OF DWELLING AS -SHOWN IS IN NOTE,' INSPECTION LIMITED TO COMPLIANCE WITH THE LOCAL ZONING BY LAWS VICINITY OF STRUCTURES, WITH RESPECT TO HORIZONTAL DIMENSIONAL REQUIREMENTS, 'THE DWELLING SHOWN HERE DOES NOT FALL WITHIN A SPECIAL FLOOD HAZARD ZONE AS "DELINEATED ON A MAP OF COMMUNITY #250001C, No.�� DATED 8/19/85 .BY THE F, I ,A, d NOTE, LOT CONFIGURATION TAKEN FROM �v ASSESSOR'S MAPS OF RECORD AND IS NOT : . .',NECESSARILY ACCURATE, Land Surveyors Civil Engineers EXACT LOCATION OF THE BUILDINGS SHOWN '7 : y— CANNOT BE DETERMINED WITHOUT AN ACCURATE (1�lDeustotTittttDur11e� (Qo c�fttr. '.INSTRUMENT SURVEY, 172Ulillia,,,rg1 �Icfn �eitforD, r 027,10 a� J.f xj•171 �:. ! ..GENERAL NOTES: (1) The declarations made above are on the basis of my knowledge, inforaation, and belief as the 1 7•,�'; result of a mortgage plot plan tape survey inspection made to the normal standard of care of registered land surveyors practicing in Massachusetts. (2) Declarations are made to the above named client only as of this date. (3) This plan was not made for recording purpose;, for use in preparing deed descriptions or for con- structions. (4) Verifications of property line dimensions, building offsets, Fences, or lot S�'+^ configuration may ,_;be acto■plished only by an accurate instrument survey. Town of Barnstable -r 7i 4 Old King's Highway Historic District Committee BARMA 200 Main Street, Hyannis,Massachusetts O'Bo T'T 17 rj is g (508) 862-4787 Fax(508) 862-4784 CERTIFICATE OF EXEMPTION i Application is hereby made,with four(4)complete sets,for the issuance of a Certificate of Exemption under Section 6 and 7 of Chapter 470,Acts and Resolves of Massachusetts, 1973,as amended,for proposed work as described below and on plans,drawings,or photographs accompanying this application: Date 1 b, 10 1 13 Address of Proposed work, Assessor's Map and lot# /s House11 3\� Street C)(\U(Q.. SN(e2t Village: Wk.ct Piwns-f Lt.Q This application is for an exemption of the proposed construction on the grounds that work: LETis Will not be visible from any way or public place ❑ Is within a category declared exempt by the Old Kings Highway Regional Historic District Commission ❑ Other Description of Proposed Work: t O*b Q.X�4�yrlY-� w n Q,-Q -�N-)LQ i\urns OMro)(. 12.-1k �ncY�s SI4e & of F 1t \S'cR r\a y� -Erg d1_s w Aucir• - t\ew door s -�u fonn�l�) -k-o Yogy Cwv\0% u SooAYY,-R . (a rn tie s� apat�t�nan't{ r`e ec\s 0,04�` Qv of Aczorl Agent or contractor(please print): %0- I e\ �(UM\,"U \apt_ Tel.no. Address \r kA Ool(9'3rd. Owner(please print): 1Lt��\u �-eJ\5 Tel no. SOBS • 3h1�-'.L1�t1 Owners mailing address: 3\\ Ch { %L ({1S Signed,Owner/Contractor/Agent For Committee Use Only This Certificate is hereby Approved/Denied Date: Committee Members Signatures: APPBOVED e Old Kingt Highway Any conditions of approval: _ Committee C.-Documents and SettingsldecolliklLocal SeltingslTentporary bttentet ri1es10LKl10K11 Exemption Form 07.doc photo.J• of 1 81 >✓ ♦ - ' ♦, r �� �T�V[{r{,�� � Ali! t � i y f Yi` 1 r 1 � • • OUN PIO apelsuieep • • ■ ■ ■ I I i • • • • Page I of I kh aWwwoo ApmL1 1 i � •a 4r .� � f r � { Y IR'i .r • apelsuipq jo UMO.L • ■ ■ ■ , I • • EMEMMOMMIMMEMMMEMEMEMEM MEMOMMEMEMMEEM MENEM MEMMEME IMEMOMME SEEMS 0 a MEMEMEMM ME NONIMEM No M 0 m moommom No NOON 0 IMMOMMOM M-00 0 ME MEMENNEN M 0 MEN MEMOMMEMEME i�Im � IMENE MENNEN ME mom ME SESSION ON - 0 No M MEMO No No ON No ME No ISEIMIMEIMMEM NONE ME MEMO MEMO M m MEMO M ME SEMEREM ■■■ ■■■■■■■■■■■■■■■■■■■■ OMEN ME MISMISSIMMIRM ME Emm ■■■■MM■■OEM■■■■■■■■E■■■■■■■■� ■■■■E■MMMMEMMs■MM■M■■EEMM■MEN ME■■M■■■■MM■MME ■M■■M■■■ MMM■ MEEMM■■EEM■■EMM ■■■FEMME ■EMN M■ ■MMM MMMMM■NEON■■■ M■EE■ ON MO■■EE ME■■ME■■MMEM ME■E■ M■■MM■M■ME■■■■■■■MEMMM■ ■■ 010E ■MMMMMMM ME■■E■ ■■■ ■■■■IEMNMMMMMMMMMMMEM■M■M■EEM■MM■MM■MEN ONO MISSION ONSIMMEMM 11■■■MM■■■■M■MMM■ ME■OE ■E■ OMEN ISSIMMEMMI MMM■ ■ ■ M■■M■MM■■ j■ .. - RIME OEM■E■■MMMMMMMMMMM M ■■ E■■ ■MMEM■■■EMMMMMMMEMMMM `Mr ■ OEM MEM■M■■MMEMO■■MME■■MME■EME■ ■■■■E MM■MMMMMMMMMM■M■■MM■MM ■ME■EMMEMEMEMMEME■EMEMEEMEMEM ME MOMMEMERIMIS Im ■■■■RIM■■■■■■ NONE RIM■ ■■■■■■■ MENNEN INN mom mmmmmmmm mmmm MMlMMMmmlmmmmMMEMMMMMM mmmmmmmmmmmmmmmmmmmmmmm mmmmmmmmmmmm ME mmmim M M ME immmmmommomommommmmmmmmii� ii mmmmmmm a _,Nmm mmmmmm mimmmem M immmmmm • mmm MEN Mol 10 ommmmmmm ommmmmmm No mmmmomm ME i mmmmmmmmmmmmmm mmmmmm M MEE mimmmmmmmmm MIMEMMEM M mommmmimmmmommmomm mommomm M ommmmml ME ommmmmom ommmm M ommomommmmimmommmoom I ■ mmmmmmmmomommmmmmomm �i�iin mi�i ii�mii mn■iiini=iue�i=i0�■�iinm �iiiii in iii■■■ii�u MOMMOMENEEMEM ME IN MMMMMMMMMMM■MM■MMMMMMMMMMIM MMMMMMMMMME■■■■■■■ME■E■■■■■M MMM■■■MM■M■■■■■MMMEMMM ME■EM ■■■r ■■■■■■■■■■■■■■■E■ MM■EM � mmmmm ■■■■■■■■■■■■■■■■■■■■■ ■ ' ■■■ ■■■■■■■MOM M■M■MMMMMM■MM ■MN MM■MMMM■■M■MMM■ MMMMMMMMM ■ ME■EM MMMM■■MMMMMMMMMMMMMM ■■E■■■NM■ mmmmm imm MIME M■ M■ ■■■ ME ME ■ EM ■ MMN E■■■■E■■ ■■■ ■■ MEN ■E ■ MOM ■■MMMMM■■MMM ME ■E■ ■■■■■■■N ■■M■E■■ E■■■■■■MMEE ', MMMMMMM■MM■MM■■■■ ■■MMMEMMMEE � MMEM■M■■■■■■■■Nimi EMOMiM■■■■NME■r MMM■M ■ ■ _ r■ ENEM ■■■ ■■■MMMMMNMMI �� ■N■ MMMMMEMEMM■M■N MEN MMENE M M M■■ MEMN■N MEMN■NN ■ ■■ NOMINEEM■N ■■■■■NN N , ■N■ ME ME NOON ■EM■EM■E■ ■E■■■■N■ ■■MEMO ■■■■■■■■■■■■■N■■INMEMEM ■ENEM■NEM■■EMMEMEMMEM ■■■E■■■■■■■■■ ■EMMMMMEMMNMMMMMM■MMNE■■■■■■■■ MEMNON ■MEEE■E ■EN■MEMEMME■ENNEEMMEM■ ■NNEEME ■M■MEME■M■■E■■■nE■■■■ ■M■■MM■N■■■M■ME■■■■■■■■ E■■E ■MEME■■EENMEMEMME■■EEMEMEM■M � MENEMME MM■■■■■■■■■■■■MEMENEM '�■�i■iaii�ii�=■i■oi=ii= ■ MEMMEMS MENOMONEE MEN NONE MENEM MEMEMISM ME MEMEMMEMMEMEMEME ME JMIIMMMMMMSMMMMMMMMMMMMMMi■ ■ ate NONE I MEMO MISMIMMIM 0 mimilmim I moilomm No mom 0 0 0 MEMEMIN loom mom iiiiCC■iEMiiC niiiiiiiim iniiiii�■i�ii� �i �Boom mom MIAMMM MENIlls,M i�i�ie�iei�niii�i�ii�iiiiEi iiii��iM�iii�iiiniiMi�iCiiiiii IMMENSE MEMMEMMIMMEMEMEMEMMEM �■■■ern ■�■ ■��■■■������� ME MEN 0 0 IN MONO M SOMEONE mom ME 0 mom ME SEMOMMEMOMME MOM MOM ENO Ml 0 0 0 0 0 li p��iin�iiiii�iiiii�iiii ,r�,�, C�r�" s ,��3 �/� ��� i 45 Days on Truli 379 views • Provided by: Keller Williams Realty,Mid Upper Cape Cod • Broker:MA Realty Partners LLC, DBA Keller Williams Realty,Mid Upper Cape Cod •l_ Listing Agent: Darci Gervais _ I.Income/Multi-Family, Farm House-West Barnstable,MA 311 Church St Looking for privacy?You'll find it here in the midst of 2.6 wooded acres in West Barnstable. The original home, built in 1914,retains all of the charm and appeal of simpler times. The 2 story addition provides the expansiveness to meet the needs of a modern family.Updates include newer furnace,tankless Rinnai hot water system, windows and 5 bed septic system_4 bedrooms in main home. l/2 basketball.court in back yard. Legal apartment has full kitchen, living room,bedroom and full bath. This home needs cosmetics and some landscaping but would be well worth the effort! All info deemed reliable-buyer/agent to verify. Write a personal note about this listing. .,. Bic 14398 P9229 081904 EXHW. Town of Barnstable Zoning.Board of Appeals == Comprehensive Permit Derision and Notice ,`•' =6 Appeal 2001-111 -Driscoll Applicant: Michad J.Driscoll and Suzanne Driscoll Property Address: 311 Church Street,West Barnstable,MA Assessor's Map/Parcel. Map 153 Parcel 011 Area: 2.60 acres Zoning: Residential F,Wellhead Protection and Resource Protection Overlay Districts Applicant: The applicants are Michael J.Driscoll and Suzanne Driscoll,with an address of 311 Church Street,West Barnstable,MA. They are the individuals to whom this Comprehensive Permit is issued for the conversion of an existing un-permitted one-bedroom apartment unit within a single-family dwelling to an accessory affordable rental unit 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— "Affordable Housing'and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,Pre-existing&Unpermined 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- 1.4(1)of the Zoning Ordinance,Principal Permitted Uses,Single-family residential dwelling. The issuance of this Comprehensive Permit would allow for an owner-occupied single-family residence with an accessory affordable apartment unit. Locus: The property is a 2.60-acre lot. It is a 5-bedroom,3-bathroom,5,018 sq.ft.single-family dwelling, inclusive of the existing one-bedroom accessory family-apartment unit of approximately 620 sq.ft. The accessory apartment was created in 1991-92. The construction of the apartment received a valid Building Permit—Permit No.34697-issued by the Town and approved by both the Building and Health Division of the Town. The addition also received approval of the Old Kings Highway Historic District Commission.From information communicated,the applicants relied upon the contractor to seek zoning approval for the family apartment unit however that was never done. Although the Town approved the accessory unit,it never was permitted under zoning and therefore is illegal. The lack of zoning authorization was first brought to the attention of the Building Division in August of 2001.Today,the applicant seeks to legalize the unit under the accessory affordable housing program. The unit existed prior to January 1,2000 and is eligible for the program as an amnesty unit. Bk 14398 Pss 230 081904 Procedural Summary: This appeal was filed at the Town Cierk'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 notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on September 19,2001, at which time findings were made the Comprehensive Permit was granted with conditions. The Hearing Officer,Grail Nightingale presided over the public hearing. The applicant Suzanne Driscoll was present as were Paulette Theresa-McAuliffe,.Program Coordinator,Office of Community and Economic Development,Art Traczyk,Principal Planner,Planning Division,and Michelle McKinstry, Barnstable Housing Authority. Findings as to Standing and The Comprehensive Permit: At the September 19,2201,the Hearing Officer made the following findings of fact: 1. The applicants are Suzanne and Michael Driscoll with an address of 311 Church Strew,West Barnstable,MA. They are the owners of the property as documented in a deed submitted and recorded at the Registry of Deeds in Book 3157 page 074. The request is for a Comprehensive Permit to convert an existing apartment into an affordable rental unit. The unit was never authorized as a family apartment with a special permit and qualifies for the"Accessory Affordable Housing Program"as an amnesty unity the existed prior to January 01,2001. 2. The applicant has been issued a site approval letter dated September 18,20()1 from Kevin Shea, Director,Office of Community&Economic Development,qualifying the application for the Accessory Affordable Housing Program. 3. The unit is a one-bedroom unit of approximately 620 sq.ft:located on the first floor area within the single-family dwelling. 4. The Barnstable Housing Authority has completed an inspection of the unit that took place on August 10,2001. The unit was found to need minor repairs including:a lock on the entry doorway,plus the a =rt second egress may be questionable in it adequacy. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division will also be inspecting the unit. 5. The apartment was constructed by a Building Permit No.34697,issued by the Town and approved by both the Building and Health Division of the Town. The unit meets all applicable building and health regulations at the time it was constructed. 6. On September 17,2001,the applicant signed an Accessory Affordable Housing(Amnesty) Program Affidavit agreeing to comply with the Accessory Affordable Housing(Amnest)) Program Affidavit and further agreeing to comply with the provisions set forth in Article LXV (65)of the Town Ordinances that include their signature on the Regulatory Agreement& Declaration of Restrictive Covenants and occupancy of the principal single-family dwelling unit. 7. The applicants understand that the affordable unit will be rented to a person or family whose income is 80%or less of the Area Median Income(AMI)of Barnstable-Yarmouth Metropolitan Statistical Area"SA)and further agrees that rent(including utilities)shall not exceed the rents established by the Department of Housing and Urban Development 8. The Barnstable Housing Authority has committed to the monitoring of this affordable rental unit. The maximum allowable rent for two people for this one-bedroom unit in today's dollar is 2 t , Sk 1439E Pw 231 i81904 $774.00 including utilities. The tenant's annual income for one person cannot exceed$29,250.00 and for two people$33,400.00. Based upon the findings,the Hearing Officer ruled that the applicants have standing for an affordable housing Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's program for Pre-existing Dwelling Units in Existing Structures,Article LXV(65)of the General Ordinances. The project is also deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed Ruling and Conditions: Based upon the findings,a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B. The grant of this Comprehensive Permit is to the applicants Suzanne and Michael Driscoll. It is issued to allow for an existing one-bedroom 620 sq.ft.apartment unit to be an accessory affordable housing unit to an owner-occupied single family dwelling in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed two people. 2. To meet the requirements of affordability,the cost of housing(including utilities) shall not exceed 30%of the 80%of the median income for a single individual or two people as the case may be for the Barnstable-Yarmouth MSA. Rents and utilities for the affordable unit shall not exceed limits set by the U.S.Department of Housing and Urban Development(HUD). Those limits can be secured from the Barnstable Housing Authority or from the agent of the town implementing this program. Today it is the Program Coordinator. 3. All leases shall have a minimum term of one year. 4. The applicants shall have the unit re-inspected by the Building Division to assure that all necessary improvements are made to meet minimum state budding and fire codes. 5. 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. The unit shall be rented on an open and fair basis. Preference should be given to Barnstable Residents to the extent allowable. When a vacancy occurs,the unit must be listed as available with the Barnstable Housing Authority and Housing Assistance Corp. The applicants must notify the monitoring agent of a vacancy whenever it occurs. 6. Every twelve months the applicants shall review the income eligibility of those individuals occupying.the unit. No later than July 30th of each year,the applicants shall file with the Barnstable Housing Authority a yearly affidavit listing the rent charged and income level of the occupant(s). The applicants shall provide any additional information deemed necessary to verify the 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. 7. 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. If the ownership of the 3 I • Sk 14398 Pw232 *81944 • property is transferred,the Barnstable Housing Authority shall be notified within 60 days the name and address of the new owner. 8. All parking for the dwelling and accessory unit shall be accommodated on site.No lodging shall be permitted and no conditional use special permits shall be issued to this property during the duration of this Comprehensive Peanut. 9. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. Ordered: Comprehensive Permit 2001-111 has been granted with conditions. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be recorded at the Barnstable County Registry of Deeds for it to be in effect. 'Ile relief authorized must be exercised in one year. 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. Gail ightingale, ear.ng O er Date gned I,Linda Hutch 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 has been filed in the office of the Town Clerk. Signed and sealed this Coday of 44910 1 der the ' s and ' 'cif • • H Linda Hutchenrider,Town Clerk �►' ' :' fib•• � �'• " _ BARNSTABLE REGISTRY OF DEEDS 4 Bk 14398 PP223 081VO4 11_01-2001 a 41 ■38P REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTYVE CIOVENANIS,is made this_,' day of ,2001,byand between Michael).Driscoll and Suzanne Driscoll of 311 Church Street,West Barnstable,MA,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 by the Zoning Board of Appeals to permit the creation of an accessoryaparunent 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. PRMCr SCOPE AND DESIGN: A. The terms of this Agreement and Covenant regulate the property located at 311 Church Street,West Barnstable,MA,as further described in Exhibit"A"hereto annexed. B. The Project located at 311 Church Street,West Barnstable,Mt1 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.2001-111 and anyplans 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 OMMES 00VENAM AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS,ODVENANTS 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(NSA) 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"A)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. 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. lJ Bea 14398 PP224 481VO4 S. The execution and performance of this Agreement bythe Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear nwitetable 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. OOMPLIANCE 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(AMC)of Barnstable-Yarmouth Metropolitan Statistical Area(10SA) 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 Bamstable-Yarmouth Metropolitan Statistical Area. In the event that=!ties 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 traits. 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. 2 Sk 1439E Pw225 081904 IV MLJI\TIC IPALITY=NANTS AND USPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated bythe 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 80/6 or less of the Area Median Income(AMI)of Barnstable-Yarmouth Metropolitan Statistical Area(MCA)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. V. REOORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable- Land Court(collectively hereinafter the"Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. VI GOVERNING OF AGREEMENL: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement mist 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. VIM XMCES All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorneys fees necessitated by such actions. X. ENTIRE`JNDERSTANDING: A. This Agreement shall constitute the entire understanding between the patties 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 C h. 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 tide. This Agreement is made for the benefit of the Municipality and the Municipalityshall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the 3 Bk 14398 P0226 081904 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 AGREEMEI\tT: 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 terns 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 Percent void. Upon the cancellation of the comprehensive permit,the propertywhich is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. XII. SUOCESSORS AND ASSIGN: 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,(ui)are not merely personal covenants of the Owner,and(ut)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. XII1. 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 bythe 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 way perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or anyportion 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 QQNSE 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 terns and conditions hereof and that all such mortgagees have executed consent to this Agreement. 4 Ok 14398 Pm227 081904 IN WITNESS W.HEREOF,we hereunto set our hands and seats this.LC day of d2:jj��,200/. TOWN O ARNSTABLE BY: s Printed: OWNER i BY: Um Print .gu v to COMMONWEALTH OF MASSACHUSETTS �14 Co of Barnstable,ss: Q r. �v. 200/ � • v j��" personally e �L/�l M ,Town Manager for the Town Then rsonall appeared aced the above-named�Ar/Il� C• 8�:;'�. -�: •oe and acknowledged the foregoing instnunent to be his/her free act aad before me. n•......••tea LkWa R Wheefden,Notary Al Oomm wealth o!i►Rseeaotwe is MY Com"teaft EXPW" Print My Commission Expires: • COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: 00_ Then personally appeared the above-named S K Z?O'/AA• �/t/-SCaC L ,as OWNER and ged the foregoing insuument to be his/her free act and deed,before me. ,,.•6 ,• F � lic •• � .a •, Printed: r- My Commission Exp' �. G' ii s • --_______. :.::�_ _ ,. •. Bk 14390 Pw228 4�81904 • . .. •� }tl'o11� T"TAaL':` V f•.� .',4 4wn�r�IMF . rbi.. 5, / EEXHIBIT . arnstable (West) , .ELIZABETH E. PRAOA, .of : 311.'Church"Stre�tf �• , Barnstable,County, Massachusetts =286' i for consideration paid in the amount of FOR NINE THOUSAND NINE HUNARED and 00/100 ($49,900.00) DOLLARS, grant MICHAEL J. DRISCOLL and SUZANNE DRISCOLL, husband and wife as tenants by the entirety, of 223 Pine Street, Barnstable (Center- ville) , Barnstable County, Massachusetts A. with QUITCLAIM COVENANTS the land with the buildings thereon, situate in Barnstable part-known as Viest Barnstable, Barnstable County, t:assachusetts,, ti� situate on the southe rly side of Church Street, .bounded and des cribed as follows: NORTHERLY by Church Street EASTERLY by. Land formerly of Heman C. Crocker; SOUTHERLY by land of Thornton Jenkins; and WESTERLY by land of v7illiam F. Jenkins, and containing about four acres be the same more or less. There is excepted and excluded from the above described premises the parcel of land conveyed to Francis R. Prada and Janet T. Prada by deed dated March 17,. 1965, and recorded de n Book 1291, Page 754, of the Barnstable County Registry of The above described premises are conveyed subject to and with Ithe benefit of all rights, rights of way, easements, appurtenances, reservations and restrictions of record and especially as set forth in a deed from James dulC• Kresge recordedewith the Edward Barnstable Prada, Countyr and Elizabeth E. Prada, Y Registry of. Deeds in Book 908 Page 119, to wtlich reference may be had for title. WasoPMadaacSrBetrecorded inn Booka21441page 16 the Estate of Edard A WITNESS my hand and seal, this 19th day of September, 1980 ELIZA TH E. PRADA THE COMMONWEALTH OF MASSACHUSETTS September 19, 1981 Barnstable, ss. Then personally appeared .the above named Elizabeth E. ctaandand her free acknowledged the foregoing instrument to b ,acknowledged before me, 4--V "¢I� '....��• Notaryipu c My Commission Expires: 3 �� ti Sk 14398 Psi 223 081904 11-01-2001 8 01338P REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this—6dayof ,2001,byand between Michael J.Driscoll and Suzanne Driscoll of 311 Church Street,West Barnstable,MA,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 by the Zoning Board of Appeals to permit the creation of an accessoryapamnent in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/Farnrly(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. PB=Cr SCOPE AM DESIGN: A. The terms of this Agreement and Covenant regulate the propertylocated at 311 Church Street,West Barnstable,MA,as further described in Exhibit"A"hereto annexed. B. The Project located at 311 Church Strect,West Barnstable,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.2001-111 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 WARRANIS 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"A)and that rent(including utilities)shall not exceed the rents established by the Department of Housing and Urban Development(I-TUD)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 HLTD'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. . lJ i Sk 14398 Pv224 081904 S. The execution and performance of this Agreement bythe Owner will not violate or,as applinble,has not violated any provision of law,rule or regulation,or any order of any court or other agencyor governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement)or would materially adversely affect its financial condition. B. OOMPLIANCE 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 naming 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 ercoeed 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 HLID'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. 'Ihe 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. 2 Bk 14395 Pw 225 081904 N QPALITY GOVENANTS AND RE$PONSIB UnES 1. The MUNICIPALITY,through the monitoring agent designated bythe 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(AN*of Barnstable-Yarmouth Metropolitan Statistical Area(I&A)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. V. REOORDING OF AGREEMENT: Upon execution,the OWNER shall krunediately 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 amendmems hereto with the Registry District of the Barnstable Land Court(collectively hereinafter the"Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. VI GOVERNING OF AGREEMEHL This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the retraining portions hereof. VIM NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. IX HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless Municipality and/or its delegate from any and all actions or inactions bythe 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-pocky expenses and attorneys fees necessitated by such actions. X EMM T,jMERSTANDING: A 'This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed bythe 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 bythese 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 3 i Bk 14398 P=226 081904 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 LT=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 pentnit,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. MI. S-U-CMSSORS 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 CQ 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. MII. 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 bythe Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or anypostion 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. MY, MQRTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed consent to this Agreement. 4 Bk 14098 Pm 227 051904 IN WITNESS WHEREOF,we hereunto set our hands and seats this.LIC day of 200/. TOWN O ARNSTABLE BY: sigaarure Printed: OWNER BY: cure � t Print . ZjSu nylA J)f'iSVic \l COMMONWEALTH OF MASSACHUSETTS 14��•�''"", , ''• Gwnty of Barnstable ss: ,,,0 •.•• Then personally appeared the above-named NA//A( C. le.L YM M ,Town Manager for the Town ot 1111A, and acknowledged the foregoing instrument to be his/her free act and deed,,before me. s © y UAft R.Wh"lden,NOftry OommonweaM of Msesaolws�!!a Print My Cof ffftabn Expires 21&*J/&" 7 MyConurtission Expires: • COMMONWEALTH OF MA%ACHUSETTS County of Barnstable,ss: cs=14'Ry- 00_ Then personally appeared the above-named S H ZAwAA .0R/-3Cc[-C- ,as OVNER and ged the foregoing instnuneru to be his/her free act and deed,before me. �• 4tlic �. a .j Printed My Commission Exp 1T wane. •.c s • --______— ::r f. 81c 143919 Pw 228 081904 iEkHom arnstable (West ELIZABETH E. PRADA, :of: 311.E Church"Street f'• , , Barnstable,County, Massachusetts i for consideration paid in the amount of FOR tioETHOUSAND NINE HUNDRED and 00/100 ($49,900.00) DOLLARS, g MICHAEL J. DRISCOLL and SUZANNE DRISCOLL, husband and wife as tenants by the entirety, of 223 Pine Street, Barnstable (Center- ville) , Barnstable County, Massachusetts ' with QUITCLAIM COVENANTS the land with the buildings thereon, situate in Barnstablet•'in•tha' part known as 1i•7est Barnstable, Barnstable County, l4assachusetts►,e:41 situate on the southerly side of Church Street, .bounded and des-­ situate as follows: NORTHERLY by Church Street of Nieman C. Crocker; EASTERLY by. Land formerly SOUTHERLY by land of Thornton Jenkins; and viilliam F. Jenkins, and containing about WESTERLY by land of four acres be the same more or less. There is excepted and excluded- from the above described premises the parcel of land conveyed to Francis It. corded prada and Janet Book12 Prada by deed dated M . arch of Deeds. Page 754, of the Barns The County Registry The above described premises are conveyed subject to and with'sthe benefit of all rights, rights of way, easements, appu rictin of record ans set reservations and frrest JamesoCe Kresge et uxdtosEdwardlA.eecialyaprada, Sr forth in and Elizabeth E. Pinda, duly rPaged119ed Wito wnicha reference Cmay tbe Registry of' Deeds had for titlle•EdwardSee aA. Plso Masdsac a, Sr. , recorded innDook of a21441Page 16 the Estate WITNESS my hand and seal, this 19th day of September, 1980 ELIZABETH E. PRADA THE COMMONWEALTH OF MASSACHUSETTS September 19, 1981 Barnstable, ss. Then personally appeared the above named Elizabeth E. ract andand be her free acknowledged the foregoing instrument to deed, before me, n¢:.� --•• ...-�� Nota�Puc My Commission Expires: •�/a'�/. t .• 11.--01--2001 .& rJ1. z 33P REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this day of C ,2001,by and between Michael.-D_riscoll-and Suzanne=Driscoll_of_31.1_,, Ghurch_Street,West Barnstable MA and its successors and ansigns (hereinafter the "Owner"),and the TOWN OF BARNSTABLE (the" - nicipality'),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 iIHEREFORE,in mutual consideration of the agreements and cuveaarts contained herein,and outer good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROTECT SCOPE AND DESIGN: A. The terms of this Agreement and Covenant regulate the propertylocated at 311 Church.Street,West Barnstable,MA,as further described in Exhibit"A" hereto annexed. B. The Project located at 311 Church Street,West Barnstable,T'vU1 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. 2001.411 and anyplans 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 ternis of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A- THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOWS: i In receiving the comprehensive permit to creme 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 bythe 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. BARMAKII t Town of Barnstable Zoning.Board of Appeals =- Comprehensive Permit Decision and Notice 19 Uj Appeal 2001-111 -Driscoll Applicant: Michael J.Driscoll and Suzanne Driscoll Property Address: 3.11 Church Street,West Barnstable,MA Assessor's Map/Parcel: Map 153 Parcel 011 Area: 2.60 acres Zoning: Residential F;Wellhead Protection and Resource Protection Overlay Districts Applicant: The applicants are Michael J.Driscoll and Suzanne Driscoll,with an address of 311 Church Street,West Barnstable,MA. They are the individuals to whom this Comprehensive Permit is issued for the conversion of an existing.1 n pe nutted,one-bedroom apartment unit within a single-family dwelling to an accessory affordable rental unit 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 — "Affordable Housing" 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- 1.4 (1) of the Zoning Ordinance,Principal Permitted Uses,Single-family residential dwelling. The issuance of this Comprehensive Permit would allow for an owner-occupied single-family residence with an accessory affordable apartment unit. Locus: The property is a 2.60-acre lot. It is a 5-bedroom,3-bathroom, 5,018 sq.ft. single-family dwelling, inclusive of the existing one-bedroom accessory family-apartment unit of approximately 620 sq.ft. The accessory apartment was created in 1991-92.. The construction of the apartment received a valid Building Permit—Permit No.34697-issued by the Town and approved by both the Building and Health Division of the Town. The addition also received approval of the Old Kings Highway Historic District Commission.From information communicated,the applicants relied upon the contractor to seek zoning approval for the family apartment unit however that was never done. Although the Town approved the accessory unit,it never was permitted under zoning and therefore is illegal. The lack of zoning authorization was first brought to the attention of the Building Division in August of 2001.Today,the applicant seeks to legalize the unit under the accessory affordable housing program. The unit existed prior to January 1,2000 and is eligible for the program as an amnesty unit. 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 notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on September 19, 2001, at which time findings were made the Comprehensive Permit was granted with conditions. The Hearing Officer;Gail Nightingale presided over the public hearing. The applicant Suzanne Driscoll was present as were Paulette Theresa-McAuliffe,.Program Coordinator,Office of Community and Economic Development,Art Traczyk,Principal Planner,Planning Division,and Michelle McKinstry, Barnstable Housing Authority. Findings as to Standing and The Comprehensive Permit: At the September 19,2201,the Hearing Officer made the following findings of fact: 1. The applicants are Suzanne and Michael Driscoll with an address of 311 Church Street,West Barnstable,MA. They are the owners of the property as documented in a deed submitted and recorded at the Registry of Deeds in Book 3157 page 074. The request is for a.Comprehensive Permit to convert an existing apartment into an affordable rental unit. The unit was never authorized as a family apartment with a special permit and qualifies for the"Accessory Affordable Housing Program" as an amnesty unity the existed prionto January 01,2001. 2. The applicant has been issued a site approval letter dated September 19, 2001 from Kevin Shea, Director,Office of Community&Economic Development,qualifying the application for the Accessory Affordable Housing Program. 3. The unit is a one-bedroom unit of approximately 620 sq.ft-.located on the first floor area within the single-family dwelling. 4. The Barnstable Housing Authority has completed an inspection of the unit that took place on August 10,2001. The unit was found to need minor repairs including:a lock on the entry doorway,plus the current second egress may be questionable in it adequacy. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division will also be inspecting the unit. 5. The apartment was constructed by a Building Permit No. 34697,issued by the Town and approved by both the Building and Health Division of the Town. The unit meets all applicable- building and health regulations at the time it was constructed. 6. On September 17, 2001,the applicant signed an Accessory Affordable Housing(Amnesty) Program Affidavit agreeing to comply with the Accessory Affordable Housing(Amnesty) Program Affidavit and further agreeing to comply with the provisions set forth in Article LXV (65) of the Town Ordinances that include their signature on the Regulatory Agreement& Declaration of Restrictive Covenants and occupancy of the principal single-family dwelling unit. 7. The applicants understand that the affordable unit will be rented to a person or family whose income is 80% or less of the Area Median Income (AMI of Barnstable-Yarmouth Metropolitan . Statistical Area(MSA) and further agrees that rent(including utilities) shall not exceed the rents established by the Department of Housing and Urban Development (HUD). 8. The Barnstable Housing Authority has committed to the monitoring of this affordable rental unit. The maximum allowable rent for two people for this one-bedroom unit in today's dollar is 2 $774.00 including utilities. 'The tenant's annual income for one person cannot exceed$29,250.00 and for two people$33,400.00. Based upon the findings,the Hearing Officer ruled that the applicants have standing for an affordable housing Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's program for Pre-existing Dwelling Units in Existing Structures,Article LXV(65) of the General Ordinances. The project is also deemed'consistent with local needs because it adequately promotes the objective of providing affordable housing for the Town of Barnstable without jeopardizing the.health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B. The grant of this Comprehensive Permit is to the applicants Suzanne and Michael Driscoll. It is issued to allow for an existing one-bedroom 620 sq.ft.apartment unit to be an accessory affordable housing unit to an owner-occupied single family dwelling in accordance with the following conditions: 1. Occupancy of the affordable unit shallmot exceed two people. 2. To meet the requirements of affordability,the cost of housing(including utilities) shall not exceed 30%of the 80%of the median income for a single individual or two people as the case may be for the Barnstable-Yarmouth MSA. Rents and utilities for the affordable unit shall not exceed limits set by the U.S.Department of Housing and Urban Development (HUD). Those limits can be secured from the Barnstable Housing Authority or from the agent of the town implementing this program. Today it is the Program Coordinator. 3. All leases shall have a minimum term of one year. 4. The applicants shall have the unit re-inspected by the Building Division to assure that all necessary improvements are made to meet minimum state building and fire codes. 5. 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. The unit shall be rented on an open and fair basis. Preference should be given to Barnstable . Residents to the extent allowable. When a vacancy occurs,the unit must be listed as available with the Barnstable Housing Authority and Housing Assistance Corp. The applicants must notify the monitoring agent of a vacancy whenever it occurs. 6. Every twelve months the applicants shall review the income eligibility of those individuals occupying.the unit. No later than July 30th of each year,the applicants shall file with the Barnstable Housing Authority a yearly affidavit listing the rent charged and income level of the occupant(s). The applicants shall provide any additional information deemed necessary to verify the 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. 7. 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. If'the ownership of the 3 property is transferred,the Barnstable Housing Authority shall be notified within 60 days the name and address of the new owner. 8. All parking for the dwelling and accessory unit shall be accommodated on site.No lodging shall be permitted and no conditional use special pen-nits shall be issued to this property.during the duration of this Comprehensive Permit. 9. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. Ordered: Comprehensive Permit 2001-111 has been granted with conditions. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be recorded at the Barnstable County Registry of Deeds for it to be in effect. The relief authorized must be exercised in one year. 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. Gail ightingale, earing O er. Date igned I,Linda Hutche er,Clerk of the Town of Barnstable,Bamstable County,Massachusetts,hereby certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. 91 Signed and sealed this day of - 0 f der the p ' s and penalties of perjury. Linda Hutchenrider,Town Clerk i 4 ". - / ^n F - i��` ..tSc' E a 4-' ' .•''`- ti °'ev..` .�",a._xT�xr•^•s. �r'�'L:"j. y_",%s. M1+ _ _ rt _ •4 ? .n-a..�. �.,�..F, s- y COMMONWEALTH &4PARTMENT OF PUDIJC SAFETY j' 11010 COMMONWEALTH A`A. r OF BOSTON,MASS.02215 !t MASSACHUSETTS LICENSE EXPIRATION DATE j CONSTR. SUPERVISOR 0 3/31/1 9 9 2 f RESTRICTIONS 1EFFECTIVE DATE LIC NO. NONE 04/01/1989 05C575 ".E LLOYD P SENNO II 140 SATUCKET RD SS q. 015-34-6481 BREWSTER MA 02631 PHOTO 48LASTING OPR ONLY) FEE: . _ 0.00 NE!3T1T:���" I NOT VALID UNTIL SICNED BY WCHSEE AND OffICULLY 3) STAMPED OR•SIGNATURE OF THE COMMISSIONER DOB: a y-a-,- '1 i 04/16/19471 �� //�• �•` THIS DOCUMENT MUST BE / CARRIED ON THE PERSON Of >, //n / J IG14A`U9E OF LICENSEE r . THE HOLDER WHEN EMC;Z• OTHERS � WT EO W THIS OCCUPAT.Ov:•� � /�7 ( •� S10NER 20OM-2-87.81420 Z TOWN OF BARNSTABLE BUILDING PERM APPLICATION 'map- Parcel-4 Application# Health Division (:Zg ^ Conservation Division Permit# SEPTIC SYSTEM MUST BE Date Issued Tax Collector INSTALLED IN COMPLIANCE /2 rer WITH TITLE 5 Application Fee lJ ' U Treasu ENVIRONMENTAL CODE AND Planning Dept. TOWN REGULATIONS Permit Fee Date Definitive Plan Approved by Planning Board p Historic-OKH �'! • �r�j reservation/Hyannis Project Stree Address Village C ' Owner Address �� Telephone r Per it Request �� t � ~ t Square feet: 1 st fl t' g proposed 2nd floor:existing proposed Total new Zoning Distric lood Plain Groundwater Overlay Project Valua on b CO nstruction Type Lot Size Grandfathered: ❑Yes ❑ No If yes,attach supporting documentation Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes ❑No On Old King's High,Way: ❑yes O No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other J c Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) ' n Number of Baths: Full:existing new Half:existing new Number of Bedrooms: existing new Total Room Count(not including baths):existing new First Floor Room Count Heat Type and Fuel: ❑Gas ❑Oil ❑Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, site plan review# Current Use Proposed Use BUILDER INFORMATION � q16 --5D3 e p, ame \S�0 Telephone Number0 Address 2 License# o WsA— Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION EBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE FOR OFFICIAL USE ONLY ,e PERMIT NO. DATE ISSUED ' 'MAP/PARCEL NO. ADDRESS,' —VILLAGE OWNER DATE OF INSPECTION: tro 4 FOUNDATIONea 5 c iI FRAME 0 1 l n INSULATION FIREPLACE ® ; .: ELECTRICAL: RC7Qji FINAL ? w n j PLUMBING: ROCM(opi FINAL GAS: ROUGH FINAL E� FINAL BUILDING ` DATE CLOSED OUT '. i ASSOCIATION PLAN NO. , The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 1y • , www.mass.gov/din Workers' Compensation Insurance Affid 't: Builders/Contractors/Electricians/Plumbers A licant Information Rlease P ' t Le2lbly Name(Business/Organization/Mvidu4: JU4� Ax- Address: i City/State/Zip: Phone#: Are you an employer? Check the-appropriate bog: Type of project(required): 1,❑ I am a employer with 4. ❑ I am a general contractor and I 6• ❑New construction employees(full and/or Part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- ' listed on the attached sheet t Remodeling ship and have no employees These sub-contractors have 8: ❑ Demolition working for me in any capacity. workers' comp.insurance. g• ❑ Building addition [No workers' wnip.`insuraace 5. ❑ We are a corporation and its required.] officers have exercised their 10.❑ Electrical repairs or additions 3.IX I,,am a homeowner doing all work right of exemption per MGL 11-❑ Plumbing repairs or additions myself.[No workers' comp. - c. 152, §1(4),and we have no 12.0 Roof repairs insurance required.] t employees. [No workers' 7 3 Other insurance inance required.] , *Any applicant that checks box#1 must also fill out the section below showing their workers'oompeasation policyinformation . t Homeowners who submit this affidavit indicating they are doing all work andthen hire outside contractors must submit a new affidavit indicating such 2Contractors that check this boa must attached an additional sheet showing the name ofthe subcontractors and their workers'comp.policy information. ram an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic. #: Expiration Date: Job Site Address: City/State/Zi�i: Attach.a copy of the workers' compensation p.eUcy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A Qf MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,50Q.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 may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. 1 do hereby certify u er the pains andpenaUle4ofper'ury that the information provided above is true and correct Si afore: Date: ` 015 1�62 Phone#: Official use only. Do not write in this area,to be completed by city or town offici aL ` City or Town: Permit/License# Issuing Authority (circle one): 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,.oial 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 trastee 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 bean 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 comrn alth nor any of its political subdivisions shall enter into any contract for the performance ofpublic 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-contractors)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 required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should eater 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 that 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 town)."A copy of the affidavit that has been officially stamped or marked by the city or town maybe provided to the applicant as proof that•a valid affidavit is on file for future permits or licenses. Anew affidavit must be filled out each year.Where a homeowner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to burn leaves etc.)said person is NOT required to complete this of idavit The Office of Investigations would hike to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. #617-727-4900 ext 406 or 1 a77-MASSAF'E Fax# 617-727-7749 Revised 5-26-05 WWW,mass.gov/dia °Ft► , Town of Barnstable Regulatory Services vBWSrABLF,� Thomas F.Geiler,Director Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-8624038 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. Type of Work: � � Estimated Cos 00,0D 4 Address of Work: r� � l ��Q�� /� 5Q ,1LL L° Owner's Name: Date of Application: I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded by law ❑Job Under$1,000 ❑Building not owner-occupied IXOwner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date ontractor Name Registration No. OR ate (p. �6r's Name Q:fomis:homeaffidav 0 no Ceara Appendix t Table JS.Zlb(condoned) Prescriptive Packages for One and Two-Family Residential Bniidlnp Heated with Fossil Fuels MAXIMUM WMMUM (lazing Glazing Ceiling Wall Floor Basement Slab Heating/Cooling Areal('/o) U-values R-value' R-value' R-value' Wall Pesimew Equipment E1Ficicncy' Package R-value° R value' 5701 to 6500 Heating Degree Days' Q 1 12% 0.40 38 13 19 10 6 Normal RN15% 0.52 30 19 19 10 6 Normal S 0.50 38 13 19 10 6 85 AFUE T 0.36 38 13 25 N/A N/A Nonnai U ..0.46 38 19 19 10 6 Normal V 0.44 38 13 25 NIA N/A 85 AFUE W 0.52 30 19 19 10 6 83 AFUE X 0.32 38 13 25 N/A NIA Normal Y 19% 0.42 38 19 25 LN/A N/A Normal Z 18% 0.42" 38 13 19 6 90 AFUE AA 19% 0.50 30 19 19 6 90 AFUE 1 1. ADDRESS OF PROPERTY: 2. SQUARE FOOTAGE OF ALL EXTERIOR WALLS: 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 J6.2.1b: I 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 may be excluded from the U-value requirement. For example,3 fl of decorative glass may be excluded from a building design with 300 ft'of glazing area. 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. s The floor requirements apply to floors over unconditioned spaces(such as.unconditioned crawispaces,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 basements 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 of heating 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. 9 For Heating Degree Day requirements of the closest city or town see-Table J5.2.1a 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(i.e.,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 Town of Barnstable CF HE Tp� Al o Regulatory Services BARN sTnat.e '• Thomas F.Geiler,Director nsnss. 039• a.0� Building Division Teo r�r►�t Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstAble.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: V V YI • �& number street village "HOMEOWNER": name G home phone# work phone# CURRENT MAILING ADDRESS: �)� �(�Gja -A 1 LAE- city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one of two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The unders' ed"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum' pection proce es and requirements and that he/she will comply with said procedures and require nts. Si o o er Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. . HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1 -Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:fomu:homeexempt Barry, Lois To: Taylor, Madeline Subject: RE: 311 Church Street, W. Barnstable Yes, she'll be able to pull one building permit for the work. -----Original Message----- From: Taylor, Madeline Sent: Monday, March 27, 2006 11:03 AM To: Barry, Lois Subject: RE: 311 Church Street,W. Barnstable Hi Lois I just received a message from Suzanne Driscoll. She stated that there was some structural damage to the apartment and the main house. She is aware that she needs to pull out a permit in order to repair. Will one permit cover both the main house and the amnesty unit? It sounds like she won't be able to repair until the insurance comes through which may take a while. Let me know if you have any questions. Thanks Madeline -----Original Message----- From: Barry, Lois Sent: Monday, March 20, 2006 12:56 PM To: Taylor, Madeline Subject: 311 Church Street,W. Barnstable Madeline, Linda Edson gave me a copy of the Cape Cod Times article of 3/1/06 re the fire at 311 Church Street. Was the Amnesty apartment damaged? If there was structural damage, they will have to pull a building permit to repair. Let me know so I can ask Tom Perry if follow up is required by our department. Thanks. Lois 1 i r �1 f Barry, Lois a From: Taylor, Madeline! Sent: Wednesday, Mach 22, 2006 9:35 AM To: Barry, Lois Subject: RE: 311 Church;Street, W. Barnstable i Hi Lois I called and left a message for Suzanne Driscoll explaining that she would need to get a building permit to repair any structural damage. I asked her to call me back so I cam get more information from her. I will keep you informed. 'Thanks Madeline i( C -----Original Message----- From: Barry, Lois Sent: Monday, March 20,2006 12:56 PM' To: Taylor, Madeline Subject: 311 Church Street,W. Barnstable Madeline, Linda Edson gave me a copy of the Cape Cod Times article of 3/1/06 re the fire at 311 Church Street. Was the Amnesty apartment damaged? If there was structural damage, they will have to pull a building permit to repair. Let me know so I can ask Tom Perry if follow up is required by our department. Thanks. Lois 5 C I. 1 1 71 93 Building epa Report emt Comp aint/Inquiry Assessor's Date: 1 3 Rec'd by: ' s Complaint Name• Location - / Address.•3—/ M/P Originator Name: Street: village: State: gyp' ` Telephone:D/C Complaint Description: Inquiry Description: For 09ce Use Ofily Inspector's _. — Inspector. Action/Comments Date: 44, 6lJ Xf Al Follow-up Action Additional Info. Attached Cop),Dismbuacn: White-Depx=cnt Mc l' I'ellorv-Inspector Pink-Inspector(Return to Office Manager) 1 Barry, Lois To: Mcauliffe, Paulette Subject: AMNESTY COMPREHENSIVE PERMITS We have two final inspections scheduled for next week(311 Church Street, Comp. Permit dated 10/25/01 and recorded y 11/1/01 and 208 Ost./W.B. Road dated 6/21/02 and recorded 8/19/02). There is a clause that the Comp. Per. must be exercised and the unit occupied within 12 months of its issuance or it shall expire. It appears that 311 Church Street has expired. Do you have an extension on this? How are you handling those that have expired? 1 J LUUIUU 1KtA�)UKtK b lA)H W1 433150 BUILDING PERMITS 30.00 TOTAL:RECEIPT 30.00 L7 L00100 TREASURER'S CASH O1 433150 BUILDING PERMITS 35.00 TOTAL:RECEIPT 11 8 00100 TREASURER'S CASH 01 433190 WIRING PERMITS 30.00 TOTAL:RECEIPT 30.00 8 00100 TREASURER'S CASH O1 433170 GAS PERMITS 64.00 RECEIPT 9 TOTAL: 11 00100 TREASURER'S CASH 1 • W. Page 24 r� 311 CHURCH STREET WEST BARNSTABLE, MA LIGHT COMPLAINT 02/28/13- Robin Anderson requested a visit to this property to investigate a complaint of a spot light that was on continuously and shining on the neighboring property, 339 Church Street. 03/01/13- I visited the property around noon and observed a large rectangular yard light on the east side (facing the property at 339 Church Street)that was on. The light was angled slightly down and aimed in the direction of 311's side yard. There are trees and underbrush along the side yard between#311 and #339 but are not full of leaves at this time of year. There was no answer when I knocked at the back door so I walked around to the front door. When I knocked I was greeted by Ms. Suzanne Driscoll. I introduced myself and I informed her that I was on her property to address the light shining on her neighbor's property. I further explained that it was a zoning issue and the Building Department enforced the Town's Zoning Ordinances. She explained that the purpose of the light was in fact to illuminate her flag on the flagpole (which is in this area of the yard) and is to remain on all night so that she does not have to raise and lower the flag each day. Further discussion by her revealed that there is tension between her and the neighbor at#339 due to civil issues that have developed. The most recent was her observation that the neighbor at#339 had cleared a portion of land that she feels is hers and has hired a surveyor to determine that property line and post it accordingly. She said that the company had been staking it recently. She then continued with a question of who to call when there are late night noisy parties in the yard at#339 other times of the year. I suggested a call to the Barnstable Police Department when that occurs and they will determine if there is anything they can do to help her. I also mentioned that this call can be anonymous for her protection but she seems to think that the neighbors will know it was her that complained. She further explained that these parties annoyed the neighbors on the other side of the property (#359) last year. I restated that these were civil issues and that we cannot be involved in them. The light complaint, as I previously discussed, is addressed by the building department as a zoning issue because of the respective ordinance governing such. I told her that I would report the findings to Robin Anderson and we would communicate with her further if we felt that further action was needed to correct and resolve the complaint. I took several pictures and they are printed in the street file. Robert McKechnie Local Inspector Health Master Detail Page 1 of 1 5C.- Health Masfer Logged In As: TOWN\parvinl Health Master Detail Thursday,February 28 2013 Aonlication Center Parcel Lookup Selection Items Reports Parcel Septic Perc Well Fuel Tank Parcel: 153-011 Location: 311 CHURCH STREET,WEST BARNSTABLE Owner: DRISCOLL,SUZANNE Septic 1, 4/23/2010 New Septic... Permit number: 12010109 j Permit type: Repair j Complete system: FA_ Issue date : 4/23/2010 19 Complete date : 6/2/2010 Septic tank size: 11500x Type/Size of SAS: JADS 11"biodiffuser field, 25 units Installer: Capen, Richard M. , Capewide Enterprises, LLC Card on file: Q, I/A service type: I Select service I Innovative/Alternative Technology type: Select IA type ' Variance date : r_ I Abandon complete date : Abandon permit number: Repair deadline date : F--------J Repair notification date : Keyword: Comments: Note: apt in house also, pre-existing based upon � ;=Delete Septic'.; newspaper article for fire. 5 bedrooms existing pmli New Inspection... Number Inspection Date Inspector Result 0 RRSelect Inspector Select result Received Date Comments 2/28/2013 11 Save Septic Changes I � 7" etum,to Lookup ,1 http://issgl2/intranet/healthMaster/HealthMasterDetail.aspx?ID=153011 2/28/2013 Map Page 1 of 1 Town of Barnstable Geographic Information System New Search Home I Help Parcel Viewer Custom Map Abutters Map Size .■ Zoom Out �' In ra �y n Q iP3 ® @_7PG Map: 153 Parcel: 011 Full Property 15=700t Location: 311 CHURCH STREET Info N240 163007 N 2e0 153008 Owner: DRISCOLL,SUZANNE Y 282 153000001 C 4�, 8302 177001 b 80 17e008 153000002 NO 0324 Location Information Map&Parcel 153011 Location 311 CHURCH STREET Acreage 2.60 acres 153020 ts3010 Current Owner N285 Y330 Mailing Address DRISCOLL,SUZANNE 163012001 311 CHURCH ST " N 2e3 1p 3Ujt 17e007 E WEST BARNSTABLE,MA 02668 iJ N350e No Appraised Value(FY 2013) . ati Extra Features $40,300 Out Buildings $1,900 Land $226,500 ; Buildings $191,800 v'. Total Appraised $460,500 153015 175001003 ; N 238 _ N05 Assessed Value(FY 2013) 153018 1�°�' t53023 Extra Features $40,300 k Out Buildings $1,900 4 N 2e8 �' 178001001 Land $226,500 i^si 0 200 Set Scale 1" — za1 April 2 Buildings $460,500 'R Total Assessed $460,500 Ir^ —� I ._. .0.08 _._ I`- I MAP DISCLAIMER J Copyright 2005.2010 Town of Bamstable,MA All rights reserved.Send questions or comments to GIS BarnstableMA V1.2.4748(Production] one *V D http://66.203.95.236/arcims/appgeoapp/map.aspx?propertyID=153011 2/28/2013 THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) m ^ L DATA Cape Cod Times Page 1 of 1 .... ............................... Shoeless children flee W. Barnstable fire call 911 By HILARY RUSS STAFF WRITER WEST BARNSTABLE - Two children escaped a house fire so quickly yesterday afternoon that they didn't even have time to put on their shoes. Sitting under a blanket in a neighbor's minivan after the fire, 13-year-old Hannah Driscoll recounted how she saw smoke and then flames coming from the second-floor bedroom of her 11-year old brother, Josiah: He was downstairs at the time. She ran down screaming to her brother, who called 911. They grabbed Riley, one of two family cats, and ran outside into the snow in only their socks and school uniforms. Their mother, Suzanne Driscoll, was on her way home from work at the time. The fire left a back area of the two-story house on Church Street blackened and dripping with foam used to put out the fire. West Barnstable Fire Chief Joe Maruca said the fire appeared to have begun in the furnace area of the basement. "The kids did a good job," said Sgt. Stephen McGuire of the Barnstable Police Department. i Most of the family pets escaped unharmed. The fate of another cat was unkown yesterday afternoon. Suzanne Driscoll said the family had called the fire department earlier in the day because she smelled what she thought was an electrical fire. She said the department determined the odor was coming from the furnace and advised her to shut it off, which she did. She said it was switched back on for a brief time later when workers came to clean the carpet in —� a downstairs apartment at the house that Driscoll was hoping to rent out. Hilary Russ can be reached at hruss@capecodonline.com. (Published: March 1, 2006) 4.. ,. . Copyright©Cape Cod Times. All rights reserved. 'y���. nth r � �^ r t`�� y�;;•ii��,p,�`a1 .tom°; -k ,r ,.Y 5 ♦.ti �� Jh { y http://www.capecodonline.com/cgi-bin/print/printstory.cgi ZU Town of Barnstable Building Department .200 Main Street CL ✓ - Hyannis, MA. 02601 �7 �„•� PffNEyY,�SUW-S 0004606238 MAR 01 2,006 per MAILED FROM ZIP CODE 02601 ' � A Ofq ' v Mr. Dav' Driscoll 6.8 _esawAve terville �-- , a R• \ T pry. �.--�_;.�; .,r_<<l i `�►`�,t�,"._ il'l��.�s� .�:�Ilr+:l3'�--...��,�ii=l�:i; l,:=.c.�i1��.�¢ilsa: i=l:� �, P �� �. \ __ j, ,/ f C� I �, \ / �, A C . r� JJJ ✓ �, // i ��� \ �� �j- � �� .fl �� v U'� -- - .�''�'�. �. �� �� _s _ ._.:�. •:;�.-- ,_.���:� <� ,�, ,' .o.� % ` �� f �,�� ;:. �� �:`�lV'Y� <,.��.R �ni;�� F_,c ,v � :\ ��, N 1' nk-,� .�. / c. / \�� I�� / ���14 0 Town of Barnstable } Regulatory Services '" MASS.'E. ` Thomas F.Geiler,Director y Miss. 8, �A i639. ♦0 lE1639. a Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 March 1, 2006 Mr. David A. Driscoll 68 Kennesaw Ave Centerville, MA 02632 Re: Illegal Apartments—302 Church Street West Barnstable , MA 02668 Map 310 Parcel 243 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 ' . ediately to tell us what direction you wish to take. inc red , Li a Ed esty Program Zoning Officer Building Department gforms:zoning3 �FIKE loy, Town of Barnstable O Regulatory Services B" MASS. Thomas F.Geiler,Director v mass. $ � . �p t6gq. ♦0 tE039.,a Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 March 1, 2006 Mr. David A. Driscoll 68 Kennesaw Ave Centerville, MA 02632 Re: Illegal Apartments—302 Church Street West Barnstable , MA 02668 Map 310 Parcel 243 Dear Property Owner: Ourxecords 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. Sinc ely, a Edson- Amnesty Program; Zoning Officer > Building Department gforms:zoning3 i oc1HE r Town of Barnstable Regulatory Services � s 9B^RMN MASS. Thomas F.Geiler,Director Eo;o.,A Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 March 8, 2006 Ms. Suzanne Driscoll 302 Church Street Barnstable, MA 02668 Re: Illegal Apartments—302 Church Street West Barnstable , MA 02668 Map 310 Parcel 243 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. Sincerely -� ind dson esty Program Zoning Officer Building Department gfonns:zoning3 Pu-j- 0 f I Cape Cod Times Page 1 of 1 .. . 'COD", FMI. '. .......... Shoeless children flee W. Barnstable fire call 911 By HILARY RUSS STAFF WRITER WEST BARNSTABLE - Two children escaped a house fire so quickly yesterday afternoon that they didn't even have time to put on their shoes. Sitting under a blanket in a neighbor's minivan after the fire, 13-year-old Hannah Driscoll recounted how she saw smoke and then flames coming from the second-floor bedroom of her 11-year old brother, Josiah. He was downstairs at the time. She ran down screaming to her brother, who called 911. They grabbed Riley, one of two family cats, and ran outside into the snow in only their socks and school uniforms. Their mother, Suzanne Driscoll, was on her way home from work at the time. The fire left a back area of the two-story house on Church Street blackened and dripping with foam used to put out the fire. West Barnstable Fire Chief Joe Maruca said the fire appeared to have begun in the furnace area of the basement. "The kids did a good job," said Sgt. Stephen McGuire of the Barnstable Police Department. Most of the family pets escaped unharmed. The fate of another cat was unkown yesterday afternoon. Suzanne Driscoll said the family had called the fire department earlier in the day because she smelled what she thought was an electrical fire. She said the department determined the odor was coming from the furnace and advised her to shut it off, which she did. She said it was switched back on for a brief time later when workers came to clean the carpet in a downstairs apartment at the house that Driscoll was hoping to rent out. Hilary Russ can be reached at hruss@capecodonline.com. (Published: March 1, 2006) Copyright©Cape Cod Times. All rights reserved. http://www.capecodonline.com/cgi-bin/print/printstory.cgi 3/1/2006 FRIEDLINE&CARTER ADJUSTMENT, INC. 436 Main Street, P. O. Box 338 Hyannis, Massachusetts 02601 Tel. (508) 771-3232 F " (508) 790-2344 TO: (' Building Commissioner or Inspector of Buildings ( ) Board of Health or Board of Selectmen ( ) Fire Department TOWN OF HYANNIS TOWN HALL HYANNIS, MA RE: Insured: DRISCOLL, Suzanne Property Address: 311 Church Street W. Barnstable, MA Policy Number: HP925374 Type of Loss: Fire Date of Loss: 2/28/2006 File#: 104226 Claim has been made involving loss, damage or destruction of the above captioned property, which may either exceed $1,000.00 or cause Mass. General Laws, Chapter 143, { Section 6 to be applicable. If any notice under MGL, Ch. 139, Sec. 3B is appropriate, j please direct it to the attention of this writer and include a reference to the captioned insured, location, policy number, date of loss and file number. On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by First Class Mail. T. W. MCMAHON Adjuster 3/9/2006 I I O!"I Off: P" ,. `!?L E ;art ?° 2 fii : 52 CAPE SAVE _ Weatherization 508-398-0398 December 14,2011 Town of Barnstable Thomas Perry CBO Building Commissioner 200 Main St. Hyannis, MA 02601 RE: Building Permits Dear Mr. Perry, This affidavit is to certify that all work completed for permit application #201100973, Status A, Parcel 153011 at 311 Church Street,West Barnstable,Permit type: RADD, and issued on 3/01/2011 has been inspected by a certified Building Performance Institute (BPI) Inspector. R-30 and R-18 Cellulose insulation was added to the attic. R-30 and R-18 cellulose insulation was added to the slopes and floor. Walls were dense packed with R-13 cellulose insulation. The basement sill was insulated with R-19 fiberglass batts.All work performed meets or exceeds Federal and State Requirements. Sincerely, William McCluskey TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION So 7 Map Parcel Application # Health Division Date Issued J It ' Conservation Division Application Fee, Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation / Hyannis '``I W_ Project Street Address LA:� C Village l� I✓S'� r c `( ( f C Owner (5 LM� D to S co uc— Address SAM 6 Telephone t1) 3 G 2_" 2?_'3 3 Permit Request Lowtj _ I l J � r-1 LLk W S6 MWhM1Z1VAW Square eet:z st floor: existing proposed 2nd floor: existing proposed Total new `Z: n 1 ce: Zoning.-- ict Flood Plain Groundwater Overlay Project Valuation 56i 0 0'0Construction Type Lot Size --- Grandfathered: ❑Yes 0 No If yes, attach supporting documentation. Dwelling Type Single Family ❑ Two Family ❑ Multi-Family (# units) Age of Existing Structure 0( t' Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No Basement Type: ❑ Full 0 Crawl 0 Walkout ❑ Other Basement Finished Area(sq.ft.) Basement Unfinished Area (sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing _new Total Room Count (not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑ Gas ❑ Oil ❑ Electric ❑ Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization 0 Appeal # Recorded ❑ Commercial 0 Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name Ct&SAW&j iu, A S A CS l.ykS V46Y Telephone Number Address i'rU A &�o`e— License # '1MAtlf A . �,Ll Home Improvement Contractor# 103 Z Worker's Compensation # WC. 00 q."5 &Sl ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE %4 -JJ FOR OFFICIAL USE ONLY ' i4 APPLICATION# DATEASSUED c,. MAP/PARCEL N0. j I`J • ADDRESS VILLAGE OWNER- DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL` r GAS: ROUGH FINAL: ' FINAL BUILDING ' 1 DATE CLOSED OUT ASSOCIATION PLAN NO: I �.:✓" Office of Consumer Affai s and Business Regulation AS"r; 10 Park Plaza - Suite 5170 y Boston, Massachusetts 02116 Home Improvement Contractor Registration Registration. 164432 Type: Supplement Card CAPE SAVE ' Expiration: 10/6/2011 WILLIAM MUCCLUSLEY --.._..._._...---._._____._._........ ._._._. ._ 8201 S. HOURD CT CHAPEL HILL, NC 27516 Update Address and return card.Mark reason for change. Address Renewal - Employment ±'" Lost Card ..._. Office of Cousumer Affairs&Business Regulation License or registration valid for individui use only '' before the expiration date. If found return to: ,- R _HOME IMPROVEMENT CONTRACTOR -'�:.i,T Office of Consumer Affairs and Business Regulation Registration: 164432 Type: 10 Park.Plaza-Suite 5170 Expirations.•,10161201l Supplement Card Boston,MA 02116 CAPE SAVE WILLIAM MUCCLUSLEY, •,7C HUNTING AVE.. S.YARMOUTH,MA 02664' Undersecretary Not valid wit ou signature _ 1lassac:hw;vhs - 1 epartmem of Prthiii: 9 tii+ard +;t t3uildin� iic�t�i:ctir;n. :ttrtttanckirt.f� Or sCarr;�.>4 License: CS SL 102776 Restricted to. IC WILLIAM MC CLUSKY 37 NAUSET ROAD WEST YARMOUTH, MA 02673 a%-�-- —�- Expiration; 6/28/2013 e :e:uui-,i:rm: rr=: 102776 oFIHE roh gown of B a.r nstable ` Regulatory Services Thomas F. Geiler,Director BD ru.� Building Division Tom Perry,Building Commissioner 200 Main Street,Hyawiis,NIA 02601 NNivw.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property O-w-ner. Must Complete and Sign This Section If Using A Builder I, n iuS(in�\ , as darner of the subject property hereby authorize ) ' �, NI ��, /V 5� ? 5 �J '� P i � <dt& to act on my behalf, in all matters relative to -,voik authorized by this building permit application for: 3i( Cff-tkW( 51— W. bk�,�'hbL (Address of Job) aTa - lam_ Si. fiatur Ovmer Date ill rent N a m ' If PropeM Owner is applying for permit please complete the Homeowners License Exemption Form on the reverse side. �:FO 145:01'�'T��RPHR�.ilSSio`� vfjtce of Investigations t 600 Washington Street Boston,MA 02111 www mass gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Apiplicant Information ` Please Print Legibly Name(Business/orgy =tiowbwvidual):-M I Ci+AFt_. ) �1,'�[',�_lam ► C��.'�V�_ pL�� .. AVE Address: t C, Ci /State/Zi : 4AOSAMI Phone#: Are you an employer?Check the appropriate box: Type of project(required): 1.(]I am a employer with_ 4 1. 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. ❑New construction 2.❑ 1 am a sole proprietor or partner- listed on the attached sheet. 7. []Remodeling ship and have no employees These sub-contractors have g. 0 Demolition working for me in any capacity. employees and have workers' [No workers'comp. insurance comp. insurance.t 9. ❑ Building addition required;] 5. ❑ We are a corporation and its 10.0 Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their I I.❑Plumbing repairs or additions myself. [No workers'comp. right of exemption per MGL insurance required.] t c. 152, §1(4),and we have no 12.❑Roof repairs 3a.❑ I am a homeowner acting as a employees. [No workers' 13.&Other E W 5ULr4U"f . general contractor(refer to#4) comp.insurance ) 'Any applicant that checks box#1 must also fill out the section below showing their workers'co od�olicy Wbrmation. t Homeowners who submit this affidavit indicating they are doing all work and then him outside contractors must submit a new affidavit indicating such. tConMwton that check this box must attached an additional sheet showing the name of the sub•cwwwtors and state whether or not amme entities have empioryeaa. If the sub-contractors have eMloyem they mast provide their workers'comp•policy mtmber. Ian at employer that is providing workers I compensation insurance for informadba, my ernploytes, Below is the policy and job site Insurance Company Name:_ rA+A 0--T I S (M S UAA tj r 6 Policy#or Self-ins. Lic.#:__W^, Expiration Date: 1 I Job Site Address: C4 kA-C_ S c 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 imprisonmen%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 may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do herby certify ender the pahmand pe of periary that the in provided above b q►qe and correct Phone#: O,�elat use only. Do not write in this area,to be completed by city or town offlclal City or Town: Permit/License# Issuing Authority(circle one): I.Board of Health 2. Building Department 3.City/Town Clerk 4.Electrical Inspector S.Plumbing Inspector 6.Other Contact Person: Phone#: i ►c * CERTIFICATE OF LIABILITY INSURANCE D /DDIYYYY) • �Y 1l/l//1/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Shannon S errazza NAME: Risk Strategies Company PHONE (781)986-4400 No:(781)963-4420 15 Pacella Park Drive -MAIL errazza@rsk-strata ADDRESS: P g sa i ies.com Suite 240 PRODUCERCUSTOMER ID p0018476 Randolph MA 02368 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:Seneca Specialty Insurance Cc INSURER B:Keating Group Ins Services Michael McCluskey, DBA: Cape Save INSURERC:Chartis Insurance 7 C Huntington Ave INSURER D: INSURER E South Yarmouth MA 02644 INSURERF: COVERAGES CERTIFICATE NUMBER.-CL1011132675 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE IN SR POLICY NUMBER MM/LDDY� MMIDCDY� LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 G ToX COMMERCIAL GENERAL LIABILITY PREM SES Ea oocu ence $ 50,000 A CLAIMS-MADE 1 X I OCCUR 1 BAG1002608 0/16/2010 10/16/2011 MED EXP(Any oneperson) $ 10,000 II PERSONAL 8 ADV INJURY $ 1,000,OOO GENERAL AGGREGATE Is 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: , PRODUCTS-COMP/OP AGG I$ 1,000,000 X POLICY PRO- 7 LOC $ AUTOMOBILE LIABILITY ( COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO 6208200 11/6/2010 11/6/2011 (Ea accident) BODILY INJURY(Per person) $ ALL OWNED AUTOS X SCHEDULED AUTOS BODILY INJURY(Per accident) $ PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) X NON-OWNED AUTOS $ $ X I UMBRELLA L AS OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB H1 CLAIMS-MADE AGGREGATE $ 1,000,000 DEDUCTIBLE $ B RETENTION $ 023578601 0/16/2010 10/16/2011 $ C WORKERS COMPENSATION chael McCluskey X WC STATU- O R AND EMPLOYERS'LIABILITYY LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N is excluded from coverage I E.L.EACH ACCIDENT $ 500,000 OFFICEWMEMBER EXCLUDED? -1 NIA 4 (Mandatory in NH) 9930951 10/21/2010 0/21/2011 I E.L.DISEASE-EA EMPLOYE $ 50,0000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Issued as evidence of insurance. Contractors-Executive Supervisors or Executive Superintendents. CERTIFICATE HOLDER CANCELLATION (508)790-2425 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Housing Assistance Corp ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Ruth 460 West Main Street AUTHORIZED REPRESENTATIVE Hyannis, MA 02601-3698 Michael Christian/SMS ''�- ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(2oogo9) The ACORD name and logo are registered marks of ACORD VI�L\ r Era t'ylk T�F' ,�-N,70 0 L"M I August 22, 2010 To Whom It May Concern: William J. McCluskey is an employee of Cape Save. He is authorized to negotiate contracts and building permits for our company. Michael McCluskey Cape Save—Owner 919-593-5939 cell X Huntington Avenue, South Yarmouth, MA 02664 r �fet ivti to P�r� xke, � ar xke, Axpwini �z5ike,- f.t � 4 Town of MEMO QZ11" :7 Certificate of Compliance N` This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code i and Town of Barnstable zoning ordinances in accordance with the Amnesty program. Location 311 Church Street, West Barnstable, MA Unit Capacity 1 bedroom not to exceed 2 persons Inspector M/P No. 153/011 6/18/03 The Town of Barnstable Office of Community and Economic Development 230 South Street • aAxxsrABta, • MASS. Hyannis, MA 02601 0 9• �0 Office: 508-8624678 virector Fax: 508-790-6288 ACCESSORY AFFORDABLE HOUSING PROGRAM HOUSING INSPECTION APPROVAL.NOTICE TO. Tom Perry,Building Commissioner FROM Robert Shea,BHA Housing Inspector DATE: q-14 3 RE: Inspection at: -3 tt Cku a c,ti 5 . IV 0Jrr W,$Ceb1 t✓ MA- Dear Tom I have conducted a State Housing Inspection of a single-family/multi-fanilydwelling owned by. 1 9;„l located at: 6m:gle:-F;Nly Multi-Family: Units Unit Capacity: # Bedrooms: I 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). Sincerely, Robert Shea Date: PASSVx 1 6 � cc: Kevin J.Shea,Director Signature:_ di)I Office of Community&Economic Development [ Lois Barry,Building Department Q:CommDev/PT/Monito r/Apprv1.doc f -r— �Uv ft.�. }e. A � Town of Barnstable *Permit ,E, - Expires 6 Services Fee- • ices .. ._ ... . . snRN Imo; �, Thomas F.Geiler,Director Building Division- < --:- 7 7 _. Building Commissioner L • .. . -. .._. --• •--Tom Perry, 200 Main-Street,. Hyannis,MA 02601--•- MARK Office: 508-862-4038 �. . e L•-......_. —.... 4 r R F Fax:'508-79'0-6230 ,.. _ �..•.... _... BA N .iz-• -iEXP SS: ER1Gn'r: : PLICATION• RESID;EN1'IA Not Valid without Red X-Press Imprint Map/parcel Number S ©r I l Lc�s" l v rc� S�• property Address Residential Value of Work r S 00o Minimum fee of$25.00 for work under$6000.00 Owner's Name&Address U i c- S Telephone Number Contractor's Name a. ✓L 1 Home Improvement Contractor License#(if applicable) Construction supervisor's License#(if applicable) (2<'rkman's Compensation Insurance Check one: ❑ I am a sole proprietor ❑ I am the Homeowner ❑ Ihave Worker's Cnnompensation'Insurance Insurance Company Name /"f �� Woo maws Comp.Policy# Soo Sri C/0r 2_-0O Copy of Insurance Compliance Certificate'must be on file. permit Request(check box) ❑ Re-roof(stripping old shingles) All construction debris will be taken to ❑Re-roof(not stripping. Going over existing layers of roof) [�e-side ivt w.ttw�, ��I Uc, , ❑ Replacement Windows. U Value (maximum.44) *Where required: Issuance of this perrdt does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Propertyr must sign Property Owner Letter of Permission. Home no ent Contractors License is required. Signature Q:Forms:exPMtrg Revise063004 02/13/1995 19:55 915087906230 PAGE 01 Town of Barnstable Regulatory Services NAM Thomaa F.Geller,Director a6,¢ Ruiildi»g Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-962-4038 Fax: 509-790-6230 PropeYty 0Wner Must Complete and Sign This Section If Using A►.Builder I, Sees U��s�� ,as Owner of the subject property hereby authorize �(�j� to act on my behalf, in all matters relative to work authorized by this bwlding permit application for. sT Address of Job) caf Owner Date Print Name ' QTORM&OWNWERNMION L f 1 lb The Commonwealth of Massachusetts Department of Industrial Accidents 600 Washington Street Boston,Mass. 02111 �~ Workers' Com ensation Insurance Affidavit-General Businesses Mo name: •'`s�1-,. - ;��-'':.� I C t: _ .., -L-. ' •, ;' .... . .. • . _ _, . � . address: 23� �' s' 4�1 city tl�Gl I �^ ,, state: II '�'° aL zip' 07 7 l l phone# �G 47% '7 1 l 1 work site location fu address): f L d t Lxcl�l S f �cl.r h S� l-e ❑ I am a sole proprietor and have no one Business Type: []Retail❑Restaurant(Bar/Bating Establishment working in any capacity. ❑Office❑Sales(including Real F,state,-Autos etc.) ❑IF an ens to er with ens toyees(full& art time). ❑Other [ a an employer providing viQrkt�s' compensation for my employees working on this job; com an gme: saa,=ess �f k. ei �Gt t ir�i� � t. `6.&. phone#.. ?�:� /'•:`"•::. -insurance.coi, go I am a sole proprietor and have hired the independent contractors listed below who have the following workers' compensation polices41 .. .. ,A„1,, .,t•. Cons an name• ' _ address: city:. .. -:� •� '''' Ahone•'#.� .- insurance Co. �:•':; iz,:y,.:.z:..` , o7ie'' # . :,:;:',;•••• .:• COm 8II••37813Ye: . address city phone# - X, iiisurence eo.::: :, •: olicv# : • :, Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that 0 copy of th0-, ,u'-�1&17hp,1 y be forwarded to the cc of Investigations of the DIA for coverage verification. I do here ns a d en ti of p that the information provided above is true and c rred Date 3 �l r01 Si gnature . Print nam •�cL cKv Phone# Soy �? 1 1 a` official we only do not write in this area to be completed by city or town official cl or town: permit/license# ❑Building Department ' ty • []Licensing Board ❑check if immediate response is required ❑Se]ectmea's Office [)Health Department contact person phone#; ❑Other Mt (mvaed Sept]D¢3) c- I _ I 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 building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. e%��//// //l�/�WWD�i%,��/.A�����//�i, Applicants Please fill in the workers' compensation affidavit completely,by checking the box that applies to your situation. Please supply company name, address and phone numbers along with a certificate of insurance as all affidavits 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 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 pernnitnicense number which will b�e used as a reference number. The affidavits.may be returned 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 Department's address,telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents Office of Imsfigad®ns 600 Washington Street Boston,Ma. 02111 fax.#: (617)727-7749 phone#: (617) 7274900 ext.406 ✓�ie �arr�rw�uu�?�/z a�. aaaac�iu4elta " rd of Building Regulations and Standards License or registration valid for"individul use only before the expirationJoi date. if found return to: HOME IMPROVEMENT CONTRACTOR E Board of Building Regulations and Standards Regis �tiLdq: 100503 One Ashburton Place Rm 1301 — n_ 19/2006 Boston;Ma.02108 plement Card • .CARE FREE Hmr NATHAN PICKY 239 HutUeston ave %, �.`'e Gl---+� " v Not valid without signs re Fairhaven,MA 027.19 Administrator i NWp-pp tHE► �� The Town of Barnstable eAflT1STABLE. MASS. Department of Health Safety and Environmental Services 9 m i67 q' �0 p�FO MAC Building Division 200 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Inspection Correction Notice Type of Inspection �i��rii��-;e&„ Location //4i�z /,�> , �' dPermit Number Owner dAZZ Builder One notice to remain on job site, one notice on file in Building Department. The following items need correcting. o Please call: 508-862-4038 ection. Inspected by Date i I _ �Y •1' .J I i -- - a rl Li Ll THE F lAOU NT ELEV DRISCOLL),`-) SCALE: APPROVED BY: DRAWN BY: ! DATE: REVISED "' DRAWING NWBER :Jg ' -_•_____._._....... _ r� .(f• _✓ffI�/�� � :ALA. g ' y •� G �al„f.,H� Noc >o P: : • rR� � �� V.M o*� T��� I tic R co�g vnll ."C l N121 w 5 x _ I 1-"- r> 91 V ED ��� 0C 1 '! 1091 ROVaU z' • ;:.L �____..__ I �•' «Yi i"ti r.n� .U:11f'/�l�Pfil i I i I � I i' I� .• •r. l� • I � I l° ky.�tit�red; Ft✓F%�'t��-•. r I I I I I }I I OW KING -I APPRO\l.Ep •, . 0KHRt _ ,. --- - - I ' -+ C� ----- -. -.-.- - T O - T I E D R P `may' - --------------' ------------ SCALE: APPROVED BY.- DATE, r.. .. ..--_ §l�r - r .TV'¢ x,.r t ..,', ,.,�:.�i�; �r v r+ � ;:t;.•r �t " Sx Sri3� t Y t: ,r t -r,. ::�.f ;w' 0// I MICHAEL AND SOOKIE DRISCOLL Page 1 of 7 SCOPE OF WORK: To add a two,story addition and front porch to the existing house, as per drawings . The addition wil l measure 34 ' x 22 ' . Work to be performed will consist of the following : 1) EXCAVAT I-ON A. Removal of necessary trees and shrubs . B . Stockpiling of loam to be reused. C. To dig for a. crawl space (34 ' x 22 ' ) . D. To backfilI and respread stockpiled loam to .a. rough grade. 2) FOUNDATION A. Footings to be 20" x 10" poured concrete . B . Walls to be 8" x 48" poured concrete. C. Removal of basement window to be used as an access door from old foundation to new. 3) FRAMING A. Sill' 2 x 6 , pressure treated RED I V E Q B : Floor Joist 2 x 10 , 16" on center OCT 'I OLD DING'S HIGHWAY r MICHAEL AND SOOKIE DRISCOLL Page 2 of 7 3) FRAMING (Continued) C. Sheathing (First floor) 3/4" T & G D. Sheathing (Second floor) 5/8" CDX E. Exterior Wall 2 ,x 6, 16" on center F. Sheathing 1/2" CDX G. Interior Walls 2 x 4,. 16" on center H. Rafters 2 x 10 , 16" on center I . Sheathing 1/2" CDX 4) EXTERIOR TRIM: 3/4 common pine to match existing . 5) ROOFING: 25 year asphalt shingles to match existing . 6) SIDING: White cedar shingles , 5" exposed to weather , to i entire house. 7) WINDOWS: Wood, with insulated glass , screens , and grilles to match existing windows- 8) EXTERIOR DOORS: One 3/0 - .6/8 nine lite metal door to addition. RECEIVED • APPROVED OCT 1 I. Icy l OKHRHOC OLD KING'v HIG"HINAY. ,a MICHAEL AND SOOKIE DRISCOLL / Page 3 of 7 i i 9) ELECTRIC A. A new 100 amp service with outlets and switches as per Massachusetts state code . B . Separate meter for addition. C. Light fixtures are NOT included. 10) PLUMBING: All supplies are to be copper and all drains to be PVC plastic . ' Fixtures are as follows : A. Bathroom a) Tub: One piece fiberglass with single lever moen valve. b) Water Closet : American Standard (Plebe) . c) Sink: American Standard (Aqualage) with moen valve. B. Kitchen a) Sink: One single bowl stainless steel with moen valve. 11) HEATING: To extend existing truck line from furnace to accommodate supplies and returns for new addition. NOTE: Second floor to be prepared only . RECEIVE ® OCT 1 11�3y1 APPRO V EL ®KHRHr)C OLD KING'S HIGHWAY MICHAEL AND SOOKIE DRISCOLL Page 4 of 7 12 ) INSULATION . A. Crawl Space R-19 B . Exterior Walls (First Filoor) R-19. C. Ceiling (First Floor) R-30 13) DRYWALL A: 1/2" sheetrock, taped and sanded to a smooth surface. B . Bath to receive water-resistant board. 14) INTERIOR TRIM: To match existing . 15) CABINETS AND VANITIES: . An allowance of $1 , 500 '. 00 is provided for kitchen and bath cabinets . Countertops and installation are included. 16 . CARPET:. An allowance of $1 , 200 . 00 is provided based on 80 yards at $15 . 00 per yard, installed. 17) VINYL: An allowance of $195 . 00 is provided based on 15 yards at $15 .00 per yard, installed. 18) INTERIOR DOORS`: Six panel masonite doors with Schlege hardware . a - MICHAEL AND SOOKIE DRISCOLL Page 5 of 7 19) APPLIANCES: Not included. I 20) FRONT PORCH: (3.2 ' x 7 ' as per drawings ) A. Floor joist 2 x 8 , pressure treated B. Post. 6 x 6 , pressure treated C. Deck 5/4 x 6, pressure treated D. Rafter 2 x 8 , 16" on center E. Sheathing 1/2" CDX i F. Siding 5" cedar shingles G . Railing 2x4-2x2 , pressure treated H. Roofing To match existing . 1 i • F 1 W RECEIV.E ® G',_D KING'S 1 11" ' JAY 4' Assessor's office(1st Floor): �; r , SEPTIC SYSTEM MUST twr o` Assessor's map and lot number t g ' ( ) STALE D IN COMPLI E �" Board of Health 3rd floor): 2 J feu , �+ o Sewage Permit number �? „n TrrLe$ Z DAHDS?eDLL Engineering Department(3rd floor): ' y �! ENVIRONMENTAL COD rA,a House number t t �> 639• Definitive Plan Approved by Planning Board ' 19 Ap�'� ` l�LAT909VS 0 MAI A, APPLICATIONS PROCESSED 8:30-9:90 A.M.:and 1:00-2:00 P.M.only; A P PlR 0 v ETOWN ,k OF BARNSTABLE Barn tab::_ '.= -i ='ration Cc-^`^B I L D I N G INSPECTOR ���Af,?,C�C--ATIONOR PERMIT�TO3 �07 4- J TYPE OF CONSTRUCTION I v j O Cf/ 19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location -::� u C -�-, Proposed Use Zoning District — / Fire District / / 1 Name of Owner �� SGrrf.%' its Address /o Name of Builder /_" Address /z��_,(/��/� Name of Architect i^ a Address Number of Rooms /f//'/i" Foundation Exterior �� � ` —s �,� r s Roofing Floors �`/ Interior Heating S /v Plumbing � �i�71A Fireplace /{�0 Approximate Cost �� �Q(9 Area �� 7 Diagram of Lot and Building with Dimensions Fee f�0 V I OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name io /�- / Construction Supervisor's License t�) r rDRISCOLL, MIKE & SOOKIE No 34697 Permit For BU LT,D ADnTTTnN Single Family DWelling • Location Lot 11 , 311 Church Street West Barristable Owner. Mike & S.00kie 'Drisrc)l 1 Type of Construction Frame r Plot Lot Permit Grunted November 18 , 19 91 Date of Inspection 19 Date Completed 19 Application to E E� Old Kings Highway Regional Historic District Committee in the Town of Barnstable for a I CERTIFICATE OF APPROPRIATENESS Application is hereby made, iri triplicate, for the issuance of a Certificate of Appropriateness under Section 6 of Chapter 470, Acts and Resolves of Massachusetts, 1973, for proposed work as described below and on plans, drawings or photographs accompanying this application for: CHECK CATEGORIES THAT APPLY: 1. Exterior Building Construction: ❑ New Building ❑ Addition ❑ Alteration Indicate type of building: ❑ House ❑ Garage ❑ Commercial ❑ Other 2. Exterior Painting: ❑ i 3. Signs or Billboards: ❑ New sign• ❑ Existing sign ❑ Repainting existing sign 4. Structure: ❑ Fence ❑ Wall ❑ Flagpole ❑ Other - (Piease read other side for explanation and requirements). TYPE OR PRINT LEGIBLY DATE fe l ? ADDRESS OF PROPOSED WORK /7 5741 1fr1/ ASSESSORS MAP NO..,Zn OWNER //i//I'� �S�OG'1i �%'�_��0 ASSESSORS LOT NO. �/ ��U`� -✓ S f HOME ADDRESS 311 TEL. N0. •36 2d 93 FULL NAMES AND ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way. (Attach additional sheet if necessary). '/ 1ocu,101e71Xi_'/a o CG�U` Sf r,+i 9 Zvi C f,� � O 3a c Ur(' S . ltl•%5�rr/, lJo7( 'E/�i i'� y 3 bUd0d S" 6 Y/ iv /-' /' /�lJ '0� GU -.4/'./�61a70' ` /79/_'r a .;y •fir 14�.o&vDa f AGENT OR CONTRACTOR TEL. NO. ADDRESS �� U'�/�/ ��r�� /f'• DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done (see No. 8,other side), including materials to be used, if specifications do not accompany plans. In the case of signs, give locations of existing signs and proposed locations of new signs. (Attach additional sheet, if necessary). Signed APPROV ECG o r.Contractor-Agent . Space below.line for Committee use. C Received by H.D.C. Date ly9, The Certificate hereby �'6 s/ D to OCT TimeOLE)>y jAlf1r, By Approved IMPORTANT: If Certificate is approved,approval is'subject to the 10 day appeal period provided in the Act. Disapproved ❑ Form OLD KING'S HIGH1gAY HISTORIC DISTRICT Spec SI-ieet i i Foundation Type Di,�`/_`�/. C. O/(�-���/r Siding Type dj /1t-/ 74 ,S15;51 / Chimney Type X�/C`/� c-y X i T/X/Q Color Roof Material Color Pitch ZP2 Windows 2 Size Trim Color / I Doors Color ti Shutters �DUU%"` Gutters /V Deck p Garage Doors - ��� 3 'F2C��'`L) Color ' OKHRHDC : Notes: Fill out completely, including measurements and materials/colors to be used. Three cogies of this form are required for. submittal of an application, along wi"h three copies each of the plot plan, landscape plan and elevation RE C E I V P-Los, when applicable: Plot plan need not be "Certified" but -should show all structures on the lot OCT 1 7 M9, scale. ' . OLD KING'S HIGHWAY E8D7D P020328 CENSUS TRACT 11 Appraisal Associates of Mass. DEED BOOK 3157 PAGE 7'1 Michael Driscol.l PLAN BOOK PAGE l_OT (CANT: Same ASSESSORS PLAN PLOT MORTGAGE INSPECTION PLAN OF LAND I N 91 B A R N S T A B L E • � h/I Ap SCALE: 1 =100'a'1-2- �l� �` MARCH 26, 1987 NIAp 17L• I M 1y2 \ J'2o C I l'• 1 • � Cl��c.�r�c.6'� jfreef I CERTIFY TO APPRAISAL ASSOCIATES OF MASS., SENTRY FEDERAL SAVINGS BANK, AND ITS TITLE INSURANCE COMPANY, THAT THERE ARE NO VISIBLE ENCROACHMENTS OR EASEMENTS EXCEPT AS SHOWN AND THAT THIS PLAN WAS PREPARED UNDER MY IMMEDIATE SUPERVISION, THE LOCATION OF DWELLING AS -SHOWN IS IN NOTE; INSPECTION LIMITED TO COMPLIANCE WITH THE LOCAL ZONING BY LAWS VICINITY OF STRUCTURES. WITH RESPECT TO HORIZONTAL DIMENSIONAL REQUIREMENTS, { THE DWELLING SHOWN HERE DOES NOT FALL WITHIN A SPECIAL FLOOD HAZARD ZONE AS `s "DELINEATED ON A MAP OF COMMUNITY #250001C, No. its DATED 8/19/85 BY THE F, I ,A, �' NOTE: LOT CONFIGURATION TAKEN FROM -ASSESSOR'S MAPS OF RECORD AND IS NOT NECESSARILY ACCURATE. Land Surveyors Clvil Engineers THE EXACT LOCATION OF THE BUILDINGS SHOWN l'�' y3 CANNOT BE DETERMINED WITHOUT AN ACCURATE ��Del osfon1ttnDur1�c �o., nr. INSTRUMENT SURVEY, 172 xMillinut,,9't. Pefo �vbforb, r 027,10 v `•v '�° .GEMfRAL MOTES: (1) The declarations made above are on the basis� of ■y knowledge, information, and belief as the d ✓4A11 result of a mortgage plot plan tape survey inspection made to the normal standard of care of registered land surveyors practicing in Massachusetts. (2) Declarations are made to the above named client only as of this date. (3) this plan was not made for recording purposes, for use in preparing deed descriptions or for con- structions. (4) Verifications of property line dimensions, building offsets, fences, or lot configuration may { ',a be accomplished only by an accurate instrument survey. _ 3 oa Y o AIAAf f��iR�Soh/ yu5 �o I 3 a2 HA y��pcJ�irR/:S/7� l � 3