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0600 MAIN ST./RTE 6A(W.BARN.)
I OO rn i-n S- , e S M E A®® No.53LOR UPC 12543 smeadcom • Made In USA . ARTAII�AB� _ WiWINE ' Cortll�0i�rtoaemp �. wwwAmgmmxo Milo I copies of the Appeal Application form, four copies of the Service Notice and. four copies of the denial letter, together with a check for$150.00(filing fee)payable to the Commonwealth of Massachusetts must be submitted to this office, if the appeal is made directly to the State Building Code Appeals Board. (Fee requirements for filing before a local Building Code Appeals Board may differ from the fees prescribed for submission to the State Building Code Appeals Board. Please check with municipal building official for these fees.). ALL CASES WILL BE HEARD ON THE crHl;nlu t=n neTE Dnk EPONE . T a",SIDERED IN EXTREME Si i wl loins wHERF S IF �mEiy�,�mw�ulumf 1+E r FICIEh?NOTICE F,AS BEEN PRO�:DED �-: The Commonwealth of Massachusetts 'l< ,' r Division of Professional Licensure BUILDING DEPT Office of Public Safety and Inspections JUN 2 6 2019 1000 Washington Street. Suite 710 Boston, Massachusetts 02118 Phone(617)727-3200 TOWN OF SARNSTABI Fax(617)727-1944 STATE BUILDING CODE APPEALS BOARD APPEAL APPLICATION FORM OOCKET NUMBER DATE (State Use Only) The undersigned hereby appeals to the State Board of Building Regulations and Standards from the decision of the following person. (Please fill-in the name of the appropriate municipal or state building inspector or other authority. Also,Also indicate if this is a request for a hearing de novo(new hearing)relative to a decision of a municipal appeals board.) Building Official from the Cityirown of >� wt•� 2S l.� Board of Appeals from the Cbtyirown of I R est for headh de novo -- 13'AKN STA,13LE State Buikfing Official: Other MAKC Please mark the appropriate box indicating the requested action to be considered by Appeals Board members. Variance Order Direction Interpretation Failure to Act Other STATE USE ONLY Fee Received Check Number Received By (This section must be completed or the application will be returned.) Has the building or structure been the subject of an appeal by this or any other appeals board previous to this fling? NoX Yes ❑ If,yes,please indicate the date of the previous appeal,whether the matter was heard before a local or state appeals board,the code section that was at issue,and the specifics of the decision (i.e.a variance was grentedlnot granted). Please take care to submit all i supporting documentation with this application to allow time for review.However, Board members reserve fhe right to continue proceedings N such material warrant extensive review. Please provide a brief description of the desired relief below. Additional information may be attached if space is not sufficient All ARRmadate code sections ggLare subM f m '790 AM ton . I e o 13 16q.I SErt�an R 302 . 3 I Please complete the following section completely and accurately. Name of Appellant SeA0 FJWAfEY Representing: Owner- EA Address GE l,kE /� For Service oo M A t N ST 9AkNcgA6tE rnEM,ail: nc� nfeir, 3®kof r•.a� ��C,O►� Telephone Number. bo 1 q( —1 p DQ Fax al Number: Address of Subject Property(if different from service address): What is appellarlYs connection to subject property? RCS 1 A>;N f5 10Wggf C olvST NGfi A. FCLK&k �gta4ire Please Print Name UMP*E Please return applications to: Program Manager,Board of Appeals Office of Public Safety and Inspections—1000 Washington Street,Suite 710 Boston,NlA 02118 DESCRIPTION OF BUILDING OR STRUCTURE RELATIVE TO THE MASSACHUSETTS STATE BUILDING CODE(9th EDITION): (checkasapproMate) Do not complete the tables below for one and two family dwellings. Proceed to section entitled"Brief Description of the Proposed Work". DESCRIPTION OF PROPOSED (crredr an applicable) New Constnrdim A Egg Repairs) A I s) Adddion A Accessory Bldg. A Derrralition Otlrer Speafy. A Brief Desaip m of proposed Work USE GROUP AND CONSTRUCTION TYPE USE GROUP(CUde appropraw use Group) CONSTRUCTION TYPE A Y A A- A A-2 A A3 A 1A 1 4 A A-S L is i B Business i 2A A E Educational F Factory A '- A F-2 j 2C # H High Hazard ♦ 3A 1lnstimrtionat ♦ I- ♦ 1-2 ♦ IJ ♦ 3B M Meese ♦ 4 R Residentia ♦ R- ♦ R-2 ♦ R3 ♦ SA 1 S Srorage ♦ S. ♦ S.2 1 U Uft ♦ Spedhr. M Mixed Use ♦ spew. S Special Use ♦ Spedly, COMPLETE THIS SECTION IF EIOSTING BUILDING UNDERGOING RENOVATIONS,ADDITIONS AND/OR CHUWGE IN USE Exisfing Use Gam- 1 Proposed Use Group: Exis&q Hazard Index(780 CML1R 34) ProposedHazard Index(780 CMR 34r BUILDING HEIGHT AND AREA BUILDING AREA EAsdn9(dapper) Proposed Number or Boors or stoles mdude basement levels Floor Area per Boor(eQ Told Area(0 5 AME Total �) Pronosed Work. r , i R r Ir N STATE BUILDING CODE APPEALS BOARD Service Notice I, -011lS 1 AI��i�i L K E as d LJNEit forthe Appellant/Petitioner(l—A M /A tT-,e- F�LACk an appeal filed with the State Building Code Appeals Board on 20 HEREBY SWEAR UNDER THE PAINS AND PENALTIES OF PERJURY THAT IN ACCORDANCE WITH THE PROCEDURES ADOPTED BY THE STATE BOARD OF BUILDING REGULATIONS AND STANDARDS AND SECTION 122.3.1 OF THE STATE BUILDING CODE, I SERVED OR CAUSED TO BE SERVED,A COPY OF THIS APPEAL APPLICATION ON THE FOLLOWING PERSON(S)IN THE FOLLOWING MANNER- NAME AND ADDRESS OF METHOD OF DATE OF PERSON OR AGENCY SERVED SERVICE SERVICE LE & G bill, RAW l2 tq Oe�ivE�eE,� 2 3 SignaWre: oPe Doer On the__ ��` Day of 20 �_PERSONALLY APPEARED BEFORE ME THE ABOVE NAMED ' (Type or Pin g I ame at ZAND A OWLEDGED AND SWORE THE ABOVE STATEMENTS TO BE TRUE. N PUBLIC MY 0 ON IRES A NA-6AI Z Notcowimaw" pubi MY ftnn la$lon August 21, 2M r f� Search cj Reply Delete 8 Archive & Junk S:•:eep 23 Move to m Categ Fwd:Permit/Application:TB-19-1279 at 600 MAIN ST./RTE 6A(W.BARN.),WE... Constance Felker<onniec3@hotmail.com> Cf Sun 5/5/2019 395 PM You Sent from my Whone Begin forwarded message: From:'Bowers,Edwin'<fei�.in.G�r eovrrci�arnsiil»lem �i�> Date:April 29,2019 at 1229:18 PM EDT To:-onniec3CNholmaiI.con'"<�nni�3�iotn�=LI)> Subject Permit/Application:TB-19-1279 at 600 MAIN ST./RTE 6A(W.BARN.),WEST BARNSTABLE for Building-Amnesty with Construction Your application is denied as submitted for the following reasons: 1) Incomplete construction documents as required by Chapter 1 Section R107.1 of the MA amendments to the 2015 IRC (9th edition 780CMR)Section R302.3 and R302.3.1 You will also be required to update smoke /CO to current code And,if aggrieved by this notice; to show cause to why you should not be required to do so,you may file a Notice of Appeal (specifying the grounds thereof)with the State Building Appeals Board within forty-five(45)days of the receipt of this notice. Edwin Bowers Town of Barnstable Building Inspector 508-862-4025 I .t. s © © r Sr. 1� r ............... ...-.._.sue^ + ,.... .�....:-,....., -Y . ,. -�w�i+�""��.Iq._�"_'-`t... .,...w�x �•p..�..t..p..,,:-y.,.�rr�s:••'^Prn r�t:'pn•X.^a.v.cr:..p,« , $To�'A�� (�v�5} • STo C-fk GE Cry ES� ACc Css M� i 7 � + hA Ls 0 � . ; \j z 04 �� ..51 Doo yy N Jo lai -T Lp r . �a ENcN its t �- pao m c C',v;.pt�gt.t; FR1G- Ct— o hit c'° _._ gv.K RCA �Lbo DOORS 6.00 v�j ST /0 0 15 7 - Ali z�C ' d ASS MEN T Roo �oNC Fti¢ rj E64 C o o ' x� ties l ell P�Q 1 In �v tAD i per ilt1 A c �"E Town of Barnstable Building Department Services 6ARN8`" nAss. � Brian Florence, CBO OWLDING DEPT. 639 � Building Commissioner . 200 Main Street, Hyannis, MA 02601 JUL 22 2019 www.town.barnstable.ma.us TOWN OF BARNSTABLE Office: 508-862-4038 Fax: 508-790-6230 July 11, 2019 Sean Kenney 600 Main Street West Barnstable MA 02668 RE: 600 Main Street, West Barnstable MA Map: 157 Parcel 002 Dear Mr. Kenney: This letter is in response to application number B-19-1279. Your application is denied as submitted for the following reasons: 1) Incomplete construction documents as required by Chapter 1 Section R107.1 of the MA amendments to the 2015 IRC (9th edition 780CMR) Scope of work does not address Dwelling Unit Separation walls as required by AJ601.3 You will need to demonstrate compliance with R302.3 Two-Family dwelling units shall be separated from each other by wall and floor assemblies'having not less than a 1-hour fire-resistance rating, and R302.3.1 Supporting Construction where floor assemblies are required to be fire-resistant rated by Section R302.3,the supporting construction of such assemblies shall have an equal or greater fire-resistance rating. And, if aggrieved by this notice; to show cause to why you should not be required to do so, you may file a Notice of Appeal (specifying the grounds thereof) with the State Building Appeals Board within forty-five (45) days of the receipt of this notice. Respectfully, Edwin E Bowers Local Inspector Edwin.bowers@town.barnstable.ma.us (508) 862-4025 Received by t Date �' The Comm onwealth of Massachusetts Division of Professional Licensure Office of Public Safety and Inspections BUIC DING p 1000 Washington Street. Suite 710 EFT Boston, Massachusetts 02118 JUL 2 2 2019 , Phone (617) 727-3200 TOWN OF BARNST Fax (617) 727-1944 ABLE STATE BUILDING CODE APPEALS BOARD APPEAL APPLICAT ON FORM DATE, The undersigned hereby appeals to the State Board of Building Regulations and Standards from the decision of the following person. (Please fill-in the name of the appropriate municipal or state building inspector or other authorit3 Also,Also indicate if this is a request for a hearing de novo(new hearing)relative to.a decision of a municipal app board.) Building Official from the City/Town of: Eo VJ 1 N U Q 0 W E KS 13 t(S TA 5LE Board of Appeals from the City/Town of: (� , r n rt �G Ci (Request for hearingde novo) (3pi R 1 V 5T State Building Official• �YIFlRC E.RPDINT Other: Please mark the appropriate'box indicating the requested action to be considered by Appeals Board members. Variance Order Direction Interpretation. Failure to Act Other ' -�i4�" � .,,mot.•, 3 d � b 'S . +�� y� b - n t VS L nwl (This section must be_completed or the application will be returned.) Has the building or structure been the subject of an appeal by this or any other appeals board previous to this filing? No x Yes ❑ If,yes,please indicate the date of the previous appeal,whether the matter was heard before a local or state appeals board,the code section that was at issue,and the specifics of the decision (i.e.a variance was granted\not granted). 4 A. L/ 69� Please take care to submit all written supporting documentation with this application to allow time for review. However,Board members reserve the right to continue proceedings if such material warrant extensive review. Please provide a brief description of the desired relief below. Additional information may be attached if space is not sufficient. All amrvpriate code sections that are subject to appeal must be identtfied in the description. -780 CMK C;A. aeeXk�7. K101 t a Ae&� . RtOt , 11 W6n K 3OZ-3 A� i 3 . Please complete the following section completely and accurately. Name of 5£ �/ £ j t y Representing. Owner-j ErtEAIIVEY Appellant: CONS TfUJGF— Fakc Goi✓s rA��t' F�`� Address For Service 1�z5T ARjJ5'TA Ste. Em ail:0?l e C� 0 Y>,Q.t Telephone (p 0 q " 01 rNmber. Number: &0 -gD7g Address of 90 gvx 5 (� Subject Property. (if different from / service address): What is appellant-s connection to subject property? Ise j 1 d e^�s 014, a p-5 A. Fakm- Signature of Appellan and\or Representative Please Print Name Legibly -. .�}'"�.k' � c �9''r.GasF�i�*rsx"4 ,R "+irk' y f. ratios , ; 2+[ ,,{r�, ¢_ i •"9`�(� '+�s...fir`V1, .,xm C wj 3r� 'µV b� ' t' `3' 7Q` � t a�''lan`.4if i__ �al'�# ,rr ' '•,.,.. 'cam�s .,:�ry °`u -� Y Officeraf Ptl; c SeE`ya 4 ;go—��nmlaof 0 #: OXV °v 5 f�St�i..-. �1� g Y t +�5�1 ' � - .. f"r -'- a... t�'k ..�r. .ems• i... � --..w.. , Qk B ;DYNGOR STRUCTURE R T�Afi1V TO'THE MA�SSACHTJ�ET STATE BUII•DIlVO CODE(9th EDITIO apprislnate) , Do not complete the tables below for one and two family dwellings. Proceed to section entitled*ef ? QF Description of-the Proposed Work". 2� DESCRIPTION OF PROPOSED WORK(check pplicable) New Construction Existing Building Repair(s) Alteration(s) Addition Accessory Bldg. Demolition Other Specify: . Brief Description of Pro osed Work it t 'u. UWZ4 MA4kal� Co Afth ZL Q/J USE GROUP AND CONSTRUCTION TYPE USE GROUP(Carle appropriate Use Group) CONSTRUCTION TYPE A Assembly A-1 A-2 A-3 lA A4 A-5 1 B B Business 2A E Educational 2B F Factory F-1 F-2 2C H High Hazard 3A I Institutional 1-1 I-2 I-3 3B M Mercantile 4 Resider' R-1 R-2 R-3 SA S Storage S-1 S-2 5B U Utility Specify: M Mixed Use Specify: S Special Use Specify: COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATIONS,ADDITIONS AND/OR CHANGE IN USE Existing Use Group: Proposed Use Group: Existing Hazard Index(780&R 34): Proposed Hazard Index(780 CMR 34): BUILDING HEIGHT AND AREA BUILDING AREA Existing(if applicable) Proposed Number of Floors or stories include basement levels 3 3 Floor Area per Floor(sf) 4150 !Z Z i4$Q , f Z 2 Total Area(sf) 7355 Z 3S 5 Total Height(ft) 2 1 Brief Description of the Proposed Work: — otA &h Ul oar .on, 6 11MEW Afi����� �_ 'L�F�"'�-� '��zt- ^r n; `' ,?��� Yam• 1'. Sir �'. s�sr *�' Sr;;. 5EA►.! KcNN E y I, CaNSTAn�(,t; �EL{CI✓� as for theJ. g EA N k ENN�y Tp DNS t ANC-6 FCL,kER.._ a Appellant/Petitioner '� an appeal filed���Stai�lai9 B,9'4 Building Code Appeals Board on 20 2sT,9 B�F HEREBY SWEAR UNDER THE PAINS AND PENALTIES OF PERJURY THAT IN ACCORDANCE WITH THE PROCEDURES ADOPTED BY THE STATE BOARD OF BUILDING REGULATIONS AND STANDARDS AND SECTION•122.3.1 OF THE STATE BUILDING CODE, I SERVED OR CAUSED TO BE SERVED, A COPY OF THIS APPEAL APPLICATION ON THE FOLLOWING PERSON(S) IN THE FOLLOWING MANNER NAME AND ADDRESS OF METHOD OF DATE OF PERSON OR AGENCY SERVED SERVICE SERVICE 1689ASIAbdk, EVILD)Wr I)F 2,2, j b9,1AN rL R.eNCIE. 3 Signature: f or etitioner On the r2,2 Day of 20 _PERSONALLY APPEARED BEFORE ME THE ABOVE NAMED C 1 (Type or Print the Name of the Appellant) NA BALGHAM Notary Public AND ACKNOWLEDGED AND SWORE THE ABOVE STATEMENTS TO BE TRa�� Au. t 21.2020 9p� NOTARY PUBLIC MY C06VIMISSION EXPIRES d p�R ' 5 ��� �Vr Vr- `= 14�10 ��'I I..T..v.n.c_ ..-..r..nnra..r...•.r... .. ..........r...... 'fv s`.�nrr r.a...:. .. i ....v � � .. .... .. ..�. �..` � .`. 1 a _♦ n '.< - 1. a S'rO IG (EVSi) Ace Lis +rf-t i---i o 7z S 0 ' S wo tw 1\010 _.._ two �' -�so Mtn C��►. l °6 " ' -ST ..A FLOD I R� o . ' • � � � nr�a..y.�yW�'? W,gt^':MvwY..iW"wN1:na.aev'».+-�-.. bec Al Gv t-v PC-AD LOM RCT t tA 7Z Yh DIfT VO _00C f-ILT OIL �LOo i46A rk_ TAM 01 TA LA CI gv�1K 10 SEAN) KCNjvfYoCoNsTAmC_6_ 0__- LkfK P 0 C) P)A I N S'T sk; Ar- Application Number..........(,S....1.q . .... ....... BARNSTABUr, MABEL Permit Fee.......................................OffierFee........................ 03 ................ 018 )........... ...... Total Fee Paid. .<.A. TOWN OF BARNSTABLE Permit Approval by.................................On........................... BUILDING PERMIT Map........... ........Parcel........ ................... APPLICATION Section 1 — Owner's Information and Project Location Project Address 600 MAIM G-r Village &- Rtq';-TA Lg:: Owners Name 5 CAN KFNN-E� -0- CON5;—J AMC- FC-L-KCA, Owners Legal Address 00 MAIN 5-T City—W-65-1 state M4 Yno,+ Owners Cell#09 --Iql -100� - 5EAN E-mail OV)h'1&0— 3&k0 11 , co Yr-, Section 2 —Use of Structure Use Group_ Fj Commercial Structure over 35,000 cubic feet El Commercial Structure under 35,00*0 cubic feet ❑ Single/Two Family Dwelling Section 3 — Type of Permit ❑ Q; New Construction ❑ Move/Relocate E; Accessory Structure E] Chime of use El Demo/(entire structure) El Finish BasementW AFamily/Amnesti Fipzz�Al " Rebuild El Deck (Apartment' ❑ Sfinkler-Systipin Fj Addition ❑ Retaining wall Solar El Renovation ❑ Pool El Insulation r?7 Other—Specify Section 4 - Work Description ;z AA-f,,� Last updated. 11/15/2018 Application Number.................................................... Section 5—Detail Cost of Proposed Construction DOD. Square Footage of Project Age of Structure D k",b Dig Safe Number # Of Bedrooms Existing 3 Total# Of Bedrooms (proposed) 3 110 MPH Wind Zone Compliance Method ❑ MA Checklist ❑ WFCM Checklist ❑ Design Section 6—Project Specifics Wiring ❑ Oil Tank Storage Smoke Detectors ❑ Plumbing ❑ Gas ❑ Fire Suppression 0 Heating System ❑ Masonry Chimney ❑Add/relocate bedroom I Water Supply ❑ Public Private Sewage Disposal ❑ Municipal On Site Historic District ❑ Hyannis Historic District Old Kings Highway Debris Disposal Facility: Z)ARNS'f 8 6 LE l fAN SUL I am using a crane ❑ Yes No Section 7—Flood Zone _I Flood Zone Designation Witten or adjacent to a wetland, coastal bank? Yes ❑ No Section 8—Zoning Information Zoning District A51 QEN7 i At Proposed Use RE51 b0,M I R tr Lot Area Sq. Ft. Acice Total Frontage Percentage of Lot Coverage #of Dwelling Units (on site) Setbacks Front Yard Required Proposed Rear Yard Required Proposed Side Yard Required Proposed Has this property had relief from the Zoning Board in the past? ❑ Yes ❑ No j f N 1 m o W FJ Last updated. 11/15/2018 Application Number............................................ Section 9- Construction Supervisor Name Telephone Number Address City State Zip License Number License Type Expiration Date Contractors Email Cell # 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.Attach a copy of your license. Signature Date Section 10—Home Improvement Contractor Name Telephone Number Address City State Zip Registration Number Expiration Date I understand my responsibilities under the rules and regulations for Home Improvement Contractors 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.Attach a copy of your H.I.C... Signature Date Section 11 -Home Owners License Exemption Home Owners Name: 5EM KfN/Qt;y Of- 01DA15T,&g� Ft L Telephone Number to o 1-7 y 1 o 00 Cell or Work Number 6 0 /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 Wquired by 780 CMR and the TW of Barnstable. Signature Date APPLICANT SIGNATURE Signature Date Print Name, APJ RU lUfy GNS'7i &f ��lephone Number 7P a E-mail permit to: ®n n�i e C 3 0 h 0t rr,Q.; I , com Last updated: 11/15R018 Section 12—Department Sign-Offs Health Department ❑ Zoning Board(if required) ❑ Historic District ❑ Site Plan Review(if required) ❑ Fire Department ❑ Conservation ❑ For commercial work,please take your plans directly to the fire department for approval Section 13 —Owner's Authorization 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 application for: (Address of job) Signature of Owner date Print Name Last updated: 11/152018 Bowers, Edwin From: Bowers, Edwin Sent: Monday, October 28, 2019 9:17 AM To: 'onniec3@hotmail.com' Subject: Permit/Application:TB-19-1279 at 600 MAIN ST./RTE 6A(W.BARN.), WEST BARNSTABLE for Building -Amnesty with Construction Attachments: Supplimential inspection.pdf, BCAB decision.pdf Hello Constance Please see attached supplemental inspection report. Please provide this as well as the Building Code Appeals board decision to a registered design professional for the requested survey/evaluation. Please confirm you received this e-mail Edwin Bowers Town of Barnstable Building Inspector 508-862-4025 1 o�TME to Town of Barnstable Building Department Services MAM Brian Florence, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.bamstable.ma.us Office: 508-8624038 .Supplemental report Fax: 508-790-6230 October 24, 2019 Sean Kenney& Constance Felker 600 Main-Street - - West Barnstable, MA 02668 RE: 600 Main Street, West Barnstable, Ma Supplemental report to assist Architect with existing building field survey/evaluation per 780 CMR section AJ104 and Building Code Appeals Board(Docket No. APP-BCAB 19-0117) dated Sept 24, 2019. Supplemental inspection was conducted by Edwin Bowers(Local Building Inspector) Town of Barnstable Building Department and David Paananen Deputy Chief West Barnstable Fire Department. The following Issues were noticed and will need to be addressed as part of the survey 1) In the basement ceiling to floor penetrations including ductwork must be properly sealed and fire blocked. 2) The first floor basement entry area and supporting walls for the 2"d floor egress stairs to the second floor unit are currently unprotected. 3) Common front entry is, currently finished with knotty pine. Shall be confirmed to have at least %"drywall covering all structural components of the area including closets which are accessible from entry area, as discussed at BCAB. 4) Main house Overhead Electrical service connection to home shall be accessed perhaps elevated on home to increase distance from top of 2"d floor egress door at exterior-gable-end of home. This Supplemental inspection will help meet the minimum standards as discussed and approved by the Building Code Appeals board Docket Number 19-0117 Respectfully, Edwin E Bowers Local Inspector Edwin.bowers'a):town.bamstable.ma.us (508) 862-4025 � E r Town of Barnstable Building Department Services HaxnnnsM ' mass. Brian Florence, CBO I Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Supplemental report Fax: 508-790-6230 October 24, 2019 Sean Kenney& Constance Felker - .600 Main Street West Barnstable, MA 02668 RE: 600 Main Street, West Barnstable, Ma Supplemental report to assist Architect with existing building field survey/evaluation per 780 CMR section AJ104 and Building Code Appeals Board (Docket No. APP-BCAB 19-0117) dated Sept 24, 2019. Supplemental inspection was conducted by Edwin Bowers (Local Building Inspector) Town of Barnstable Building Department and David Paananen Deputy Chief West Barnstable Fire Department. The following Issues were noticed and will need to be addressed as part of the survey 1) In the basement ceiling to floor penetrations including ductwork must be properly sealed and fire blocked. 2) The first floor basement entry area and supporting walls for the 2"d floor egress stairs to the second floor unit are currently unprotected. 3) Common front entry is, currently finished with knotty pine. Shall be confirmed to have at least %"drywall covering all structural components of the area including closets which are accessible from entry area, as discussed at BCAB. 4) Main house Overhead Electrical service connection to home shall be accessed perhaps elevated on home to increase distance from top of 2"d floor egress door at exterior gable end of.home. This Supplemental inspection will help meet the minimum standards as discussed and approved by the Building Code Appeals board Docket Number 19-0117 Respectfully, Edwin E Bowers Local Inspector Edwin.bowers town.bamstable.ma.us (508) 862- 4025 CLI n SMOKE DETECTORS REVIEWED BAR 6TABLE BUILDING DEPT. DATE FIRE DEPARTMENT DATE BOTH SIGNATURES ARg REQUIRED FOR PERMITTI G T_.y.. ..,_. c �, K /DI X t b ' DEC 1 vi . 15 0 �- OO MAIN CO qfs- �A ,� s.. 19 /57/00-1- C LO516T 5=.j 4 2wv j FLoo p. OAT" �Lo5ET i tvN N ti KITCHEN m v7 FRIO- PAIJTK I Z �1ME h Town of Barnstable Building Department Services B"M SSSBLE'� Brian Florence, CBO 16 3+ADO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.bamstable.ma.us Office: 508-862-4038 Supplemental report Fax: 508-790-6230 October 24, 2019 Sean Kenney & Constance Felker 600 Main Street West Barnstable, MA 02668 RE: 600 Main Street, West Barnstable, Ma Supplemental report to assist Architect with existing building field survey/evaluation per 780 CMR section AJ104 and Building Code Appeals Board (Docket No. APP-BCAB 19-0117) dated Sept 24, 2019. Supplemental inspection was conducted by Edwin Bowers (Local Building Inspector) Town of Barnstable Building Department and David Paananen Deputy Chief West Barnstable Fire Department. The following Issues were noticed and will need to be addressed as part of the survey 1) In the basement ceiling to floor penetrations including ductwork must be properly sealed and fire blocked. 2) The first floor basement entry area and supporting walls for the 2"d floor egress stairs to the second floor unit are currently unprotected. 3) Common front entry is, currently finished with knotty pine. Shall be confirmed to have at least ''/2" drywall covering all structural components of the area including closets which are accessible from entry area, as discussed at BCAB. 4) Main house Overhead Electrical service connection to home shall be accessed perhaps elevated on home to increase distance from top of 2"d floor egress door at exterior gable end of home. This Supplemental inspection will help meet the minimum standards as discussed and approved by the Building Code Appeals board Docket Number 19-0117 Respectfully, Edwin E Bowers Local Inspector Edwin.bowers@town.barnstable.ma.us (508) 862- 4025 Section AJ104 Evaluation of an Existing Building AJ104.1 General The building official shall have the authority to require an existing building to be investigated and evaluated by a registered design professional in the case of proposed reconstruction of any portion of a building.The evaluation shall determine the existence of any potential nonconformities to these provisions,and shall provide a basis for determining the impact of the proposed changes on the performance of the building.The evaluation shall use the following sources of information,as applicable: 1.Available documentation of the existing building. 1.1.Field surveys. 1.2.Tests(nondestructive and destructive). 1.3.Laboratory analysis. Exception:Detached one-or two-family dwellings that are not irregular buildings under Section R301.2.2.2.5 and are not undergoing an extensive reconstruction shall not be required to be evaluated. CHARLES D. BAKER GOVERNOR EDWARD A. PALLESCHI UNDERSECRETARY OF CONSUMER Commonwealth of Massachusetts AFFAIRS AND BUSINESS KARYN E. POLITO REGULATION LIEUTENANT GOVERNOR Division of Professional Licensure DIANE M. SYMONDS MIKE KENNEALY Office of Public Safety and Inspections COMMISSIONER,DIVISION OF SECRETARY ECONOM C DEVELOPMENT 1000 Washington Street, Suite 710 PROFESSIONAL LICENSURE Boston, Massachusetts 02118 Date: September 24, 2019 Name of Appellant: Constance Felker & Sean. Kenney Service Address: 600 Main Street Wes Bar�blJe, MA.�0266.8 In reference to: 600 Main Street West Barnstable, MA. 02668 Docket Number: 19-0117 PJ Property Address: 600 Main Street West Barnstable, MA. 02668 Date of Hearing: August 20, 2019 Enclosed please find a copy of the decision on the matter aforementioned. Sincerely: BU LDING ODE APPEALS BOARD Patricia Barry, Cl rk cc: Building Code Appeals Board,Building Official C«� TELEPHONE: (617)727-3074 FAX: (617)727-2197 TTY/TDD: (617)727-2099 http://www.mass.gov/dpl c COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. BUILDING CODE APPEALS BOARD DOCKET NO. APP-BCAB 19-0117 Sean Kenney and Constance Felker, ) Appellants ) V. ) Town of Barnstable, ) Appellee ) DECISION Introduction This appeal is before the Massachusetts Building Code Appeals Board ("BCAB") as a result of an application filed by on July 23, 2019 with respect to an existing single-family dwelling proposed to be converted to a two-family building, located at 600 Main Street, West Barnstable, MA. G. L. c. 143, § 100, 780 CMR R113.1 ("Appeal"). On or about June 11, 2019, Town of Barnstable Local Inspector Edwin E. Bowers issued a letter which denied approving building permit application number B-19-1279. The letter pointed out that the construction documents submitted with the application were not complete, thus did not comply with 780 CMR 51.00, R107.1. The letter stated that the proposed documents must show compliance with 780 CMR 51.00, R302.3 (Exhibit 1A). Appellant sought variances.' Notices of hearing were issued and the hearing was held on August 20, 2019. All interested parties were provided with an opportunity to testify and present evidence and 1"Whoever is aggrieved by an interpretation,order, requirement,direction or failure to act by any state or local agency or any person or state or local agency charged with the administration or enforcement of the state building code or any of its rules and regulations,except any specialized codes as described in section ninety-six, may within forty-five days after the service of notice thereof appeal from such interpretation,order, requirement, direction,or failure to act to the appeals board.Appeals hereunder shall be on forms provided by the appeals board and shall be accompanied by such fee as said appeals board may determine." G. L. c. 143, §100. 1 argument to the SCAB. The following individuals appeared: (for Appellant: Sean Kenney; Constance A. Felker); (For Appellee: Edwin Bowers.; David Panaanen). The following BCAB members were present: Richard Crowley; H. Jacob Nunnemacher; Harold P. Learning. Patricia Barry, the BCAB's clerk was also present. Exhibits The following documents were entered in evidence: 1. BCAB19-0117 Appeal Application (4 pages); 1-A. June 11, 2019 letter to Sean Kenney from Edwin E. Bowers; 1-B. Floor plans (three pages) of basement, first floor, and proposed second floor. Findings and Discussion' Appellants' existing building has been configured and used as a two-family building. The existing second floor apartment was created well before Appellants purchased the property. (Sean Kenney testified, however, that his brother converted the upstairs to an apartment for himself while the Kenneys' father resided downstairs.) Appellants reside on the lower floor; an apartment is on the second floor. The house was constructed in the 1940's. (It was not clear how long the second floor apartment has been in existence, but the evidence showed it has been in existence at least for several years.) Appellants obtained relief in accordance with Town Zoning to be allowed to rent out the apartment (as part of a Town affordable housing program). Appellants proposed installation smoke detection systems and the additions of doors (with 20 minute fire-rating) as depicted in Exhibit 1-B. Appellants have not proposed any type of significant construction for either of the existing apartment spaces. "The [SCAB] may grant a variance from any provision of [780 CMR] in any particular case, may determine the suitability of alternate materials and methods of construction, and may provide reasonable interpretations of the provisions of [780 CMR]; provided, however, that [BCAB] decisions shall not conflict with the general objectives set forth in" G. L. c. 143, § 95.s In exercising its powers under this section, the [BCAB] may impose limitations both as to time and use, and a continuation of any use permitted may be conditioned upon compliance with regulations made and amended from time to time thereafter." G. L. c. 143, § 100. Z Findings and conclusions were reached in accordance with G. L.c.30A and 801 CMR 1.02. a "The powers and duties of the board set forth in section ninety-four[the BBRS]shall be exercised to effect the following general objectives: 2 The BCAB expressed concern that a survey of the existing conditions is needed, especially to ascertain any penetrations between the first and second floors (which could increase risks if fire occurred in either apartment). The BCAB concluded that each apartment must have its own smoke and CO detection system, rather than have an interconnected/single system for the entire building. (The BCAB noted that, when two or more dwelling units are interconnected, occupants tend to ignore alarms.). There must be smoke detection in the common hallways. The Town agreed with these requirements. Installation must be performed by licensed electricians and permitted by the Town. Locations of smoke and CO detection must be approved by the Town. The Town pointed out that the electrician will submit three copies of his plans; one for the Building Department; one to be reviewed by the Fire Department; and one for the electrical permit and the Town's wire inspector. The licensed electrician must submit plans that show the required changes from the plans Appellants proposed in Exhibit 1-B. In sum, the BCAB found that allowing the requested relief in these specific circumstances for this specific building would not conflict with the general objectives of G. L. c. 143, § 95. Conclusion and Order Accordingly, the BCAB GRANTED variances to 780 CMR 51.00, R107.1, AJ601.3, R302.3, R302.3.1, on conditions that an inspection is performed by Town building and fire officials to ensure they are satisfied with the separation between the two dwelling units and smoke detection must comply with 780 CMR AJ102.3. (a) Uniform standards and requirements for construction and construction materials,compatible with accepted standards of engineering and fire prevention practices, energy conservation and public safety. In the formulation of such standards and requirements, performance for the use intended shall be the test of acceptability, in accordance with accredited testing standards. (b)Adoption of modern technical methods,devices and improvements which may reduce the cost of construction and maintenance over the life of the building without affecting the health,safety and security of the occupants or users of buildings. (c) Elimination of restrictive, obsolete,conflicting and unnecessary building regulations and requirements which may increase the cost of construction and maintenance over the life of the building or retard unnecessarily the use of new materials,or which may provide unwarranted preferential treatment of types of classes of materials, products or methods of construction without affecting the health,safety,and security of the occupants or users of buildings." G. L. c. 143, §95. 3 SO ORDERED, BUILDING CODE APPEALS BOARD By: a� Ui-cnnc.muc�- K livYlra�lU � � ov��� -s H. Jacob Nunnemacher Richard Crowley, Ch it Harold P. Leaming (opposed) DATED: September 24, 2019 Any person aggrieved by a decision of the State Building Code Appeals Board may appeal to Superior Court of the Commonwealth of Massachusetts in accordance with M.G.L. c. 30A, § 14 within 30 days of receipt of this decision. 4 a.. , q. RoOT IOU t {: 'SMOKE •DETECTORS REVIEWED s B K ; i (_ (.,L,, BE TABLE BOLDING DEBT. DATE E i ... FIRE DEPARTMENT DATE i BOTH SIGNATURES ARE.REQUIRED FOR PERMITI G cl t I t I� r t kmWOT AR a { A :6 d V� vj MQ 071 �3so 7 .. jilt --------------- r. f _ Bowers, Edwin From: Bowers, Edwin Sent: Monday,April 29, 2019 12:29 PM To: 'onniec3@hotmail.com' Subject: Permit/Application:TB-19-1279 at 600 MAIN ST./RTE 6A(W.BARN.),WEST BARNSTABLE for Building -Amnesty with Construction Your application is denied as submitted for the following reasons: 1) Incomplete construction documents as required by Chapter 1 Section R107.1 of the MA amendments to the 2015 IRC (91h edition 780CMR) Section R302.3 and R302.3.1 You will also be required to update smoke/CO to current code And, if aggrieved by this notice; to show cause to why you should not be required to do so, you may file a Notice of Appeal (specifying the grounds thereof) with the State Building Appeals Board within forty-five (45) days of the receipt of this notice. Edwin Bowers Town of Barnstable Building Inspector 508-862-4025 1 5114/2019 Chapter 3:Building Planning,Residential Code 2015 of Massachusetts i UpCodes R302.3 Two-Family Dwellings Dwelling units in two-family dwellings shall be separated from each other by wall and floor assemblies having not less than a 1-hour fire-resistance rating where tested in accordance with ASTM E 119 or UL 263. Fire-resistance-rated floor/ceiling and wall assemblies shall extend to and be tight against the exterior wall, and wall assemblies shall extend from the foundation to the underside of the roof sheathing. Exceptions: 1. A fire-resistance rating of 1/2 hour shall be permitted in buildings equipped throughout with an automatic sprinkler system installed in accordance with NFPA 13. 2. Wall assemblies need not extend through attic spaces where the ceiling is protected by not less than 5/8-inch (15.9 mm)Type X gypsum board, an attic draft stop constructed as specified in Section R302.12.1 is provided above and along the wall assembly separating the dwellings and the structural framing supporting the ceiling is protected by not less than 1/2-inch (12.7 mm)gypsum board or equivalent. R302.3.1 Supporting Construction Where floor assemblies are required to be fire-resistance rated by Section R302.3, the supporting construction of such assemblies shall have an equal or greater fire-resistance rating. https://up.codes!viewer/niassachusettsArc-2015/chapter/3/building-planning#R302.3 1/1 BARNSTABL.E Town of Barnstable TOWN CLERK Zoning Board of Appeals , w'g Comprehensive Permit Decision and Notice 18 NO 78 N� 57 Accessory Affordable Apartment Program Comprehensive Permit No. 2018-061—Kenney/Felker Decision: Granted with Conditions Applicant: Sean J. Kenney and Constance A. Felker Property Address: 600 Main Street,West Barnstable, MA Map/Parcel: 157/002 Zoning: RF—Residence F Zoning District Summary: Allow the conversion of 468square feet to a one-bedroom accessory affordable apartment located within the existing dwelling pursuant to the Code of the Town of Barnstable,Chapter 9,Article II Deed Reference: Book 27729 Page 231 Applicant/Site Control The Applicants are Sean J. Kenney and Constance A. Felker,the owners and occupants of property addressed as 600 Main Street, West Barnstable, MA. The Applicant has been the owner of the property since October 1, 2013, as evidenced by a deed recorded at the Barnstable County Registry of Deeds on Book 27729 Page 231 recorded October 1, 2013. A signed Affidavit dated August 30, 2018 declares that 600 Main Street, West Barnstable MA, is the primary residence of Sean J. Kenney and Constance A. Felker. Locus The subject property is a 1.61 acre lot that is accessed by Main Street/Rte 6A, West Barnstable. The property is improved with a 3,226 gross square foot three-bedroom single family dwelling (1,835 square feet of living area) constructed in 1946. The accessory apartment is a one-bedroom unit located within the existing dwelling. It is served by a well and an on-site septic system. Background Sean J. Kenney and Constance A. Felker seek to convert 468 square feet of area within the existing dwelling to a one-bedroom Accessory Affordable Apartment by a Comprehensive Permit pursuant to Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with § 9-15 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program". Procedural & Hearing Summary Sean J. Kenney and Constance A. Felker submitted an application for a Site Approval Letter as prescribed in the Code of Massachusetts Regulations 760 Section 56.00 and provided for within the Accessory 'Affordable Apartment Program of the Town of Barnstable. The application was submitted as a local initiated Chapter 40B. Notification of the application was submitted to the Department of Housing and Community Development. A Site Approval Letter was issued to the Applicant for the subject property by Town Manager, Mark Ells, on August 30, 2018. 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 5, 2018. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on October 26, 2018 and November 2, 2018 and notices were sent to all abutters in accordance with Section 11 of M G L Chapter 40A. Town of Barnstable Zoning Board of Appeals Decision&Notice—Comprehensive Permit No.2018-061—Kenney&Felker Findings of Fact At the hearing on November 14, 2018,the Hearing Officer made the following findings of fact: Concerning standing,the right of the applicant to seek a comprehensive permit,the Hearing Officer found: The Applicants, Sean J. Kenney and Constance A. Felker, are the owners and occupants of the property located at 600 Main Street, West Barnstable MA, as evidenced by deed recorded at the Barnstable County Registry of Deeds on 27729 Page 231 recorded October 1, 2013. A signed Affidavit dated August 30, 2018, declares that 600 Main Street,West Barnstable, MA, is the primary residence of Sean J. Kenney and Constance A. Felker. 1. The application for a comprehensive permit was made in accordance with the Town of Barnstable's Accessory Affordable Apartment Program, Chapter 9 Article II of the Code of the Town of Barnstable. That program is structured as a self-regulating income-limiting local initiated housing program, a qualified funding program accepted under the Code of Massachusetts Regulations 760 Section 56.00 that governs grant of comprehensive permits. 2. In accordance with MGL Chapter 40B and 760 CMR 56.04 (4), a Site Approval Letter was issued to the Applicant for the subject property by Town Manager, Mark Ells on August 30, 2018. 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 application. Regarding consistency with local needs, the Hearing Officer found: 3. The Applicant is proposing to convert an area within the dwelling to an Accessory Affordable Apartment. The apartment is 468 square feet, one bedroom, and located within the existing dwelling at 600 Main Street, West Barnstable MA.To permit the apartment as an accessory affordable unit under Chapter 9 Article II of the Code would represent no perceivable change in the neighborhood. 4. The Building Commissioner performed an initial review of the property and determined that an accessory apartment unit can be created in conformance with applicable state building codes. Prior to occupancy, a building permit shall be required and hardwired smoke detectors and carbon monoxide detectors shall be upgraded/installed and the unit shall meet all requirements of the Building Code. 5. The property is served by an on-site septic system adequate to accommodate the addition of a one-bedroom unit on the property with a restriction from the Health Department if required. 6. The Applicant has been informed that building and occupancy permits shall be obtained prior to occupancy of the accessory apartment. This step is required to assure final approval that the apartment unit conforms fully to all applicable building,fire, and health codes and this decision. 7. .The Applicant has been informed that upon certification of this Comprehensive Permit by the Town Clerk, a Regulatory Agreement and Declaration of Restrictive Covenants, restricting the accessory apartment unit in perpetuity as an affordable rental unit shall be executed. Thereafter both the Comprehensive Permit and the Agreement shall be recoded at the Registry of Deeds as binding covenants on the property. The documents limit the apartment to that of an affordable unit 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 cap the monthly rental income (including utilities)to 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. 8. According to the Massachusetts Department of Housing and Community Development, Subsidized Housing Inventory, the Town of Barnstable has 7.14% of its year round housing stock qualified as affordable housing units. The town has not reached the 10% statutory minimum affordable housing required in MGL Chapter 40B or met any of the Statutory Minima provided for in 760 CMR 56.03(3). 2 I Town of Barnstable Zoning Board of Appeals Decision &Notice—Comprehensive Permit No. 2018-061—Kenney&Felker 9. 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. This application and the location of the unit conform to that objective. Based upon the findings, the Hearing Officer ruled that the application of Sean J. Kenney and Constance A. Felker 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 certain conditions are imposed. Decision&Conditions: The.Hearing Officer ruled to grant Comprehensive Permit No. 2018-061 to Sean J. Kenney and Constance A. Felker for 600 Main Street, West Barnstable, MA to allow the conversion of the area within the main dwelling to a one- bedroom affordable apartment unit at 600 Main Street, West Barnstable MA as provided for in Chapter 9, Article II of the Code of the Town of Barnstable and in conformity to the following conditions and restrictions: 1. Occupancy of the affordable unit shall not exceed two (2) persons. 2. The number of bedrooms in the Accessory Affordable Apartment shall be limited to one (1). 3. Family members of the applicants/owners shall not at any time occupy the accessory unit. 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 Accessory Affordable Apartment Program including income information of the tenant and rent and utility payments. 5. All parking for the accessory apartment and the principal dwelling shall be on-site. Overnight on-street parking is expressly prohibited. 6. Accessory lodging or renting of rooms is prohibited for the duration of this Comprehensive Permit. 7. The applicants shall, after certification of this Comprehensive Permit by the Town Clerk: a. execute a Regulatory Agreement and Declaration of Restrictive Covenants, as approved by the Town Attorney's Office, and b. make application for a building permit with the Building Division for the accessory apartment. Work required to bring the unit into compliance with present day code standards shall be completed prior to issuance of a Certificate of Occupancy for the accessory apartment. 8. It is the explicit intent that the applicant secure an occupancy permit and the unit be occupied by qualified tenant(s) as restricted by this comprehensive permit within one-year of the certification of the permit. The Building Commissioner and/or monitoring agent may extend this time for good cause. 9. To meet affordability requirements, the rent charged (including utilities) shall not exceed 30% of 80% of the median income for the Barnstable MSA, adjusted for family size, as calculated and published annually by the Town of Barnstable. 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. 10. The applicant shall engage in open and fair marketing of the unit and provide documentation of the activity to the Housing Coordinator/Monitoring Agent. 11. Information regarding the income level of any prospective tenant shall first be submitted to and approved by the Housing Coordinator/Monitoring Agent before any lease is signed. 12. Annually, the applicant shall work with the Housing Coordinator/Monitoring Agent to provide necessary information and documentation of tenant income eligibility and conformance with the Accessory Affordable Apartment Program. 3 I Town of Barnstable Zoning Board of Appeals Decision&Notice—Comprehensive Permit No.2018-061—Kenney&Felker 13. The Applicant must register the unit with the Regulatory Services Department at 200 Main Street, Hyannis. 14. Whenever a vacancy occurs, notice shall be given to the Housing Coordinator/Monitoring Agent before reengaging the tenant selection process previously cited. 15. Annual Income,to determine program eligibility, will be calculated per 24 CFR Part 5. 16. The Housing Coordinator of the Planning and Development Department shall be the monitoring agent for the accessory apartment. Annual monitoring shall include verification of tenancy, affordability, and compliance with Comprehensive Permit. The homeowner shall be responsible for the fee for Housing Quality Standards (HQS) inspections. 17. Every twelve months the applicant shall review the income eligibility of the tenant of the Accessory Affordable Apartment unit. No later than a year from the date of issuance of this Comprehensive Permit,the applicant shall file with the Housing Coordinator/Monitoring Agent an annual affidavit stating the rent charged and income of the unit tenant along with all required supporting documentation. The property owners and/or tenant shall provide any additional information deemed necessary to verify the information provided in the affidavit and annual monitoring documents. `18. Upon any report from the Housing Coordinator/Monitoring Agent that the terms and conditions of this permit are not being upheld, the Hearing Officer of the Zoning Board of Appeals may hold a hearing to revoke this permit or cause enforcement action to be taken for compliance. 19. 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 prior to application for a building permit. 20. Should ownership of the subject property transfer,the permit holder identified herein shall notify the Housing Coordinator/Monitoring Agent and provide, within 60 days of the date of transfer, the name and current contact information for the new owner of the subject property. 21. This Comprehensive Permit shall be exercised as conditioned herein or it shall expire. Ordered nted with conditions to Sean J. Kenney and Constance A. Felker for Comprehensive Permit No. 2018-061 is gra property addressed as 600 Main Street, West Barnstable, MA. This permit is not transferable without prior permission of the Hearing Officer. The zoning relief issued in this Comprehensive Permit is that of a variance to Section 240-13(A) Principal Permitted Uses in the RF Zoning Districts to permit a one-bedroom accessory affordable apartment unit within the dwelling. A written copy of this decision will 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 and provided that the members of the Zoning Board of Appeals take no action to reverse the decision, this decision shall be filed with the Town Clerk's Office. It shall then become final only after 20 days has expired and certified by the Town Clerk that no appeal was filed on the decision. 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. Alex ' odo aki �eariing Officer �Dagned 4 Town of Barnstable Zoning Board of Appeals Decision&Notice—Comprehensive Permit No. 2018-061—Kenney&Felker 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 under the pains and penalties of perjury. � Y Ann Quirk,Town Clerk CI'f `�°ooO � • �� ' i;�Va •' + H,ARNSTASI.E.REGISTRY OF DEEDS John F. Meade, Register 5 i IV RECORDING OF AGREEMENT: nts hereto to Upon execution,the OWNER shall immediaeCouniy cause Project consistseement inwholeor in Part of be recorded with the Registry of Deeds for BarnstabletY registered land, file this Agreement and any amendments Deeds") and the Owner shall po with the Registry layy all fees and Barnstable Land Court(collectively hereinafter the `Registry of Dee as applicable,the Owner shall immediately transmit incurred in connection therewith. Upon recording or filling, pp filing including the date and instrument,book and page or to the Municipality evidence of such recording or registration number of the Agreement. V GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws executed b Common-wealth all of the partiesahereto. The�alidity of amendments to this Agreement must be in writing ort.t hereof any clause,part or provision of this Agreement shall not affect the validity of the remaining p VI. NOTICE: ven-when All notices to be given pursuant to this Agxeement'sshall be inwrit p and rem r deemed req sted,to the delivered by hand or when mailed by certified or registerednail,postage parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. VII. HOLD HARMLESS: wner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any The O and all actions or inactions by the Owner,its agents,servants or employees ou-of-pocket expenses and made st Municipality and/or its delegate,including but not limited judgments, I ttorneys fees necessitated by such actions. VIII. ENTIRE UNDERSTANDING: A This Agreement shall constitute the entire understandinga between ended to this document. iesany amendments or executed b the PP changes hereto must be in writing, Y p _ rein all B. This Agreement and all of the covenants, agreements andrestrictions llcbeta m de t be, -and ebye these to be for the public purpose of providing safe affordable housing as any other ld by the pre sents are, anted by the Owner to run in perpetuity in fay of ed lbrieMeGL Ch. 184,Municipality which shall permanent restriction held by a governmental body as that to try of run with the land described in a deed recorded herewith as Barnstable in title This Agreementea made for the Page 231 and shall be binding upon the Owner and a successorscreated benefit of the Municipality and the Municipality shall be deemed to of such aorestriction is in the public interest. er of the restnctlOn be has determined that the acq g this Agreement. The Municipality estate. The covenants The Municipality shall not be subject to the defense of lace title roper described in a deed recorctided P contained in this Agreement shall be deemed to affect th herewith as Barnstable County Registry of Deeds Book 27729 Page 231. IX. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated 3 Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. X. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends, declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (ii) are not merely personal covenants of the Owner,and(iii) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. 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 a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such a lien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. mi. 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 14 th day of November 2018 OWNERS BY: Signature Printed Name: — F7YV . * 7� 4 I i COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. On this 14 th day of November 2018,before me, the undersigned notary public, personally appeared ,proved to me through satisfactory evidence of. identification, being (check whichever applies)" ( ) or other state or federal government document bearing a photographic image; ( ) oath or affirmation of a credible witness known to me who knows the above signatory; or (Y) my own personal knowledge of the identity of the signatory,to be the person whose name is signed on the preceding document, and acknowledged to me that s/he signed it voluntarily for its stated purpose as Regulator Agreement , as his/her,' ' free act and deed. Zo /�/�r��y�n��N�o�tya�ry Public Notary Public > =:°, "�J. Ntlw�eeltftiCY(SO T"OF rI^d < •- Z�'�S�L M Commission E ires: O ; MY Commission ExPirm3 y xP ••eCOA�nq°��,`t August 21, 2020 TOWN OF BARNSTABLE BY: MANAGER COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. On this day of Pce-, ;-2018,before me, the undersigned notary public, 0 ��- personally appeared 1NA4 proved to me through satisfactory evidence of identification,being (check whichever applies)" O or other state or federal government document bearing a photographic image; ( ) oath or affirmation of a credible witness known to me who knows the.above signatory; or (t,)-�y.own personal knowledge of the identity of the signatory, to be the person whose name is signed on the preceding document, and acknowledged to me that s/he signed it voluntarily for its stated purpose as , as his/her free act and deed. z S� JOYCE A. PERSUiTTE N Public �cyc ��,�if4fc LL Notary Public ' y Commission Expires: �c�k r�0.r7 aC�2� f COMMOMVEALTH OF A".ASS,4CHUSETTS ' My Commission Expires 5 ,ram January 27, 2023 RONSTABLE REGISTRY OF'DEEDS John F. Meade, Register i REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this 14 day of November .2018 ,by and between Sean J. Kenney and Constance A. Felker of 600 Main 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 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 600 Main Street,West Barnstable,MA,as further described in a deed recorded herewith as Barnstable County Registry of Deeds Book 27729 Page 231. B. The Project located at 600 Main Street,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 Comprehensive Permit No. 2018-061 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 1 7 5 °/ Page -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 Barnstable Metropolitan Statistical Area (MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80%of the Area Median Income(AM]) 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. i