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0025 FRANKLIN AVENUE
} u� E J 4 o !i 7 4 1 O Y e 4, i-ell--.11AF i 3 1 I �i t ♦ r :� /� ,���t � . �. '� �, �',� ,; �I �_ 4533015' a « BARNSTABLE, 1619. iKAss. �°ArFa�y a Town of Barnstable Zoning,Boarcl of Appeals Decision and Notice Comprehensive Permit No. 2003•-06,1—Rigatuso Chapter 40B Comprehensive Permit Summary:: Comprehensive Permit No. 2003-061 is rescinded', Applicant. Guiseppe Rigatuso Property.Address. 25 Franklin Street"Hyannis,MA., Assessor's Map/Parcel`: Map.292, Parcel 036 Zoning: 'Residence B Zoning Districts Deed Reference: Book 6923 Page 344 Permit Reference;: Book 17545 Page 203 Locus and Background: The applicant applied for a Comprehensive,Perrnit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with Article Hof.Chapter Nine of the Code of the town of Barnstable,,. more. commonly termed the "Accessory Affordable Ilousing Program, Comprehensive Permit No; 2003-061 was" issued to the applicant art ,Tune,-4, 2003 and a Regulatory Agreement and Declarationi of Restricted Covenants were recorded at"the Barnstable Registry of Deeds on August'27, 2003 as..Book 17545 Page 196 . The.Applicant, Guiseppe Rigatuso is not participating in the Accessory Affordable Apartment Program and therefore Comprehensive Permit No. 2003-061 must lbei rescinded. Procedural & Hearing,Summary. A public hearing to rescind Comprehensive Permit No. 2003-061 was duly advertised and notice sent to abutters:and the property owner all lin accordance with MGL Chapter 40A. The hearing was;-opened on October 2$, 2020 at which .time the 14earing Officer, Alex Rodolaki ,, made:the fallowing findings and decision; Findings of Fact: 1. The-applicant, Gui'seppe Rigatuso, was granted Comprehensive Permit No. 2003-061 for an Accessory Affordable Apartment at 25 Franklin Street, Hyannis,MA. 2'. The applicant, Guiseppe Rigatuso, is not participating in the Program.. Town of Barnstable;Zoning'Board of AppeMs Comprehensive Permit No.2003-061:—Rigatuso is rescinded I On September 17, 2020, tl e'Accessory Aparttnent"Progi•arm Coordinator took,:action to rescind .Comprehensive Permit'No.2007061:. Ordered: Comprehensive Permit:No. 2003-061"is rescinded.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 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 ofthe Town Clerk. Appeals of the final decision, if any, shall be made ao"the Barnstable Super for-Court pursuant;to MGL. :Chapter 40A,. Section '11, within twenty (20) Aays 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 MG .Chapt 40,B, Section 22. Alex R dolakis Hearing Officer Date Signed. I, Ann Quirk, Clerk of the Town of Barnstable; Barnstable County, lVMassachusetts,'hereby certify that twenty(20)days have.elapsed since the Zoning Board of Appeals filed this decision and that iio appeal-of the decision has been filed in the"office of-the Town-Clerk: Signed and sealed this day of un. er the pains aril penalties of perjury. Ann Quirk,Town Clerk 1-O �tjy o� k, l e `. (7 V r: %1 ms E�ANSTAOI.E REGISTRY OF DEEDS x � y lupin F. Move, Register' 2 Shea, Sally From: Shea, Sally, >� Sent: Friday,July 10, 2020 9:30 AM To: 'Steve Goulet' Cc: Desmarais,:Donald; Bowers, Edwin;Anderson, Robin Subject: RE: 25 Franklin Ave Hy Hi Steve, The original building permit to build the house wasfor a`4 bedrooms.Assessing has also indicated 4 bedrooms on site and this is also shown on older assessor's records. I do not see any building permits to add additional bedrooms. How many bedrooms a property can potentially have is a Health Dept. question. If they are looking to correct a bedroom count issue changing the septic will not allow:for additional bedrooms alone A building permit is required to remedy any bedroom created without a building permit and to rectify any unit that is not of legal status. I am copying Don Desmaris who can assist you with how many you can design for. Sincerely, Sally Shea Town of Barnstable Assistant Zoning Admin/Lead Permit Tech: 508-862-4031 From: Steve Goulet [ma ilto:SGou let(@ robertbou r.com] Sent: Friday, July 10, 2020 6:19 AM To: Shea, Sally Subject:.RE: 25 Franklin Ave Hy Hi Sally Dianna was able to find a plan on file that shows a 6 bedroom system was installed. We can design for that number as long as the plan was permitted?? Thanks for your help—much appreciated Steve From:Shea, Sally<Sally:Shea@town.barnstable.ma.us> Sent:Thursday,July 09,20201:25 PM To:Steve Goulet<SGoulet@robertbour.com> Cc:Tripp,Vanessa<vanessa.tri0p@town.barnstable.ma.us> Subject: RE: 25 Franklin Ave Hy Hi Steve, I did not see any permits.in the system to add-additional bedrooms. I do however see a flag on the property referencing a zoning violation. I see no permits to resolvethe matter regarding the apartment on site. I did have my coworker pull the file and it looks like it remains unresolved. Any new bedrooms as you know will require a building permit to create. Sincerely, Sally From: Steve Goulet [mai Ito:SGou let@ robertbou r.com] Sent: Thursday, July 9, 2020 9:36 AM To: Shea, Sally Subject: 25 Franklin Ave Hy Hi Sally — I hope all is well Vanessa gave me your email We are doing a septic upgrade at 25 Franklin Ave — They requested a 7 bedroom design — I quoted a.413R based on the previous permit with options for more if allowed Have they been permitted for additional bedrooms? Just trying to get my info correct before we perc and design No hurry —,we have not even scheduled the perc yet Thank you, Stems Steve cov-Let Robert B. Our Co., Inc 363 Whites Path, South Yarmouth, Ma 02664 0 5o8-477-8877 ph 5o8-477-4977 fx Mt on CAUTION:This email originated from outside of the Town of Barnstable! Do not click links,open attachments or reply, unless you recognize the sender's email address and know the content is safe! CAUTION:This email originated_from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! F He►o / � a f y�� w� <,t Primed On 8/25/2Q20 Cow— ompla°ant Call ep�►rt Case#: C-20-267 Address: 25 FRANKLIN AVENUE, 'Date: 7/9/2020 HYANNIS Owner Info: Property Info: RIGATUSO, GUISEPPE & LENICE MBL: TRS 25 FRANKLIN AVENUE 292-036 HYANNIS MA 02601 Owner Notified 2 i Complaint Details: Type of Complaint Classification of Complaint Method of Complaint Illegal Dwelling unit, Medium Priority Phone Complaint Summary: Inquiry came in from septic installer regarding whether this property has been approved for additional bedrooms. He was tasked with designing a 7 bedroom system. The owner is deceased and he was the holder of a comprehensive permit for an amnesty unit. No building permits in system shown to create unit with a permit. Action history: Action Taken Date Description Fee Inspector Inspector Assigned to Complaint: bowerse Filed by: sheas Comments: ` ✓;�xsri.ss f �� �s. �. �.;: � .�s �," n;, + ,+xis »az - �' �'� �_ xF'za �.. of�Bamstable - �, s, ?' �,s �v,.� ae r �a �' �hc ;,ma s� Yz � � � �s� '. Aa < K•c���1 � - - emu:_ ' a Op SHE IO � Panted On 8/25/2p2O �` C�oMpa nt C II` espo 0"1 `""; �Oa , �� 25 :FRANK AEU H ANNI IN t . y °z' 6prfD MP�p , viE f � , ase C 2Q 267 / f Comment Date Commenter Comment 7/9/2020 sheas Hi Steve, I did not see any permits in the system to add additional bedrooms. I do however see a flag on the property referencing a zoning violation. I see no permits to resolve the matter regarding the apartment on site. I did have my coworker pull the file and it looks like it remains unresolved. Any new bedrooms as you know will require a building permit to create. Sincerely, Sally From: Steve Goulet [mailto:SGoulet@robertbour.com] Sent: Thursday, July 9, 2020 9:36 AM To: Shea, Sally Subject: 25 Franklin Ave Hy Hi Sally— 1 hope all is well— Vanessa gave me your email We are doing a septic upgrade'at 25 Franklin Ave—They requested a 7 bedroom design—I quoted a 41311 based on the previous permit with options for more if allowed Have they been permitted for additional bedrooms? Just trying to get my info correct before we perc and design No hurry—we have not even scheduled the perc yet Thank you, Steve 7/9/2020 sheas see email below from installer and response all Town of Barnstable D, ,Date 8125/2020 ry Y �F g Application number..R....I.f..se ......... Fee ............ .............................................. MAn UL Building Inspectors Initials.....Ea-D............. Date lssued..... . ........ .... .....A .......................... �� � oc Map/Parcel..... ..................... ................................ TOWN OF BARNSTABLE EXPEDITED PERMIT APPLICATION: ROOF/SIDING/WINDOWS/DOORS/TENTS/STOVES/WEATHERIZATION PROPERTY INFORMATION Address of Project: o2s filyly)ellN -5:;/1At NUMBER STREET VILLAGE, Owner's Name: -�-P 7a' 0 Phone Number 40' -For— Email Address: e is Cell Phone Number Project cost$ fi,2 7e,49 Check one Residential ornmer6a OWNER'S AUTHORIZATION As owner of the above property I hereby authorize- 1,?aA,01A�9 1�IV to make application for a building permit in accordance with 780 CMR I &V- : / Owner Signature Q/-0A10R( c Z Date: TYPE OF WORK E:f*Siding EDWindows (no header change)# F-1 Insulation/Weatherization Doors(no header change) # Commercial Doors require an inspector's review Roof(not applying more than I layer of shingles) Construction Debris will be going to CONTRACTOR'S INFORMATION Contractor's name 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. i c 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 g X. X` Additional tent dimensions can be attached on a separate piece of paper: Purpose of Event 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 x: back left side right side HOMEOWNER'S LICENSE EXEMPTION Homeowner's Name: �1/S`� /'� `�/�9u�� '� c�✓ cam' ?� S Telephone Number Cell or Work number. r I understand my responsibilities under the rules:and regulations for Licensed Construction Supervisor in accordance'with 78.0 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 �l�l / l i APPLICANT'S SIGNATURE OK Signature / %� y A VDate All permit applications are subject to a building official's approval prior to issuance. $' V The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 www.mass govIt a Workers' Compensation Insurance Affidavit: Buflders/Contractors/Electricians/Plumbers Applicant Information Please Print Ledbly Name(Business/organization/individual V 44,S' �l�G� ��� J Address: �S f/Z W xl",�_l j�n_0&7 City/State/Zip: G2(" Phone 8.) 3 r77�.6 Are you an employer?Check the appropriate boa: Type of project(required): 1.❑ 1 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 working for me in any capacity.acit3'• employees and have workers' t 9. El Building addition [No workers' comp.insurance comp.insurance• 5. ❑ We are a corporation and its 10.0 Electrical repairs or additions required-] officers have exercised their I I. Plumb' repairs or additions 3. I m a homeowner doing all work ❑ � eP • myself[No workers'comp. right of exemption per MGL 12.El Roof repairs insurance required.]t c. 152,§1(4)9 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 am doing all work and then hire outside contractors must submit a new affidavit indicating such. :Contractors that check this box must attached an additional sbeet 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 worker;'comp.policy number. lam an employer that is providing workers'compensation insurance for my employees. Below is thepolicy and job site information. Insurance Company Name: Policy#or Self-ins.Lic.M 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 seem 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 herebyrelf under the pains and penalties of perjury that the information provided above is true and correct: Signs Date: .� Phone#• QTkid 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 M 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 ki 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 budding appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152,§25C(0 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 buiildings 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 penuiUlicense 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 Industrial Accidents Office,of Investigations 600 Washin&ri Street Boston,MA 02111 Tel.#617-727-4900 ext 446 or 1-877-MASSAFE Revised 4-24-07 Fax#617-727-7749 www.mass.gov/dia ' i V t t AL V A L t4A.LIJ f..4F.N A V Tk{E - Building Department Services Tp� - Brian Florence,o� CBO Building Commissioner - , F F F ytyrrART,F. . 200 Main Street,Hyannis,MA 02601.. MASS. 1639. ��� VPww.town.barnstable.ma us ' Office: 508-862-4038 Fax 508-790-6230 Approved: . Fee: Permit#: HOME OCCUPATION REGISTRATION Date: OG — i), Name: !_J. c;_^,(1t,g,\,, G`SS-,Mo r Phone#: �•f'ly�Yl-��s ..,t,,,a n .i Address: a5� — aAam� I ,< n AV G ox,r),L Village: �YQ 2'li✓��5 -iY/� ' - Name ofBusine'ss: ►�^'�� �S C Type of Business:4��� Map/Lot .02 01103 INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,'subjact to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the activity shall not be discernible from outside the.dwelling. there shall be no increase in noise or odor,no visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes;and no increase in air or groundwater pollution. After registration with the Building Inspector',a customary home occupation shall be permitted as of right subject to the following conditions: • The activity is carved on by the permanent resident of a single family residential dwelling unit,located within that dwelling unit •" Such use occupies no more than 400 square feet of space. • There are no external alterations to the dwelling which are not customary in residential buildings,and there is no-outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. • The use does not involve the production of offensive noise,vibration,smoke,dust or other particular matter,odors,electrical disturbance,heat,glare,humidity or other objectionable effects. • There is no storage or use'of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities. • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Occupation,and not within the required front yard. • There is no exterior storage or display of materials or equipment. • There are no commercial vehicles related to the Customary Home Occupation,other than one van or one pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing'the Customary Home Occupation. • No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included `. • No person shall bg employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. I,the TradersignDd,have read and agree with the above restrictions for my home occupation I am registering. APplicant: u,}QA'a'tu l_. Date: Homeoc.doc Rev.66&0116 ' YOU WISH TO OPEN.A BUSINESS? a For Your Information: ' Business certificates (cost$40:00 for 4 years).` A business certificate:ONLY REGISTERS YOUR NAME:in:town (which you must do by M.G.L.-it does not'give you permission to operate.) You must first obtain the,necessary signatures on this form at 200 Main St., Hyannis. Take the completed form`to.the Tovvn Clerk's Office, 1st F1., 367 Main St., Hyannis, MA 02601 (Town Hall) and:get the Business Certificate that is required bylaw.. cp DATE::G(1 — �� I0 Fill in please: I ` ,APPLICANT'S YOUR NAME/S:J (JUE'fo` 641 ` ( '- BUSINESS YOUR HOME ADDRESS. ��— k'.CZali� ttV� -i-l�li�2pn��S MA O � T(TLEPHONE # Home Telephone Number CC II — SASS — 36,7 Noy' a' E I N OR E-MAI L: U. C6- SOF CORPORATION: nruimo. UOF'NEW BUSINESS TYPE'OF,BUSINESS � � CCrea UA HOME OCCUPATION? YES NO W SS OF BUSINESS"�S= �. Avg -� ytm k M MAP/PARCEL NUMBER !U (Assessing) �v) LL, . . 0 0 hen starting anew business there are several things you must do in order to be in compliance with the rules and regulations of the Town of _ Marnstable. This form is intended to. assist you in obtaining the information you may need. You MUST GO TO 200 Main St. — (corner of Yarmouth. S d."& Main Street) to snake sure you have the appropriate permits and licenses required toaegally operate your business in this town cn a : MUST COMPLY WITH Ht�bVi.L` � J w p�l.� BUILDING COMMISSIONER' OFFICE RULES AND REGULATIONS. FAIL. ; a c� >- This individual has been' for d of any per equirements that pertain to this type of business. COMPLY MAY RESULT IN ONE, Q V Q Authorized Sign re** co W ii COMMENTS: vc - 0 U. 2. .BOARD.OF HEALTH This individual has been informed of,the permit requirements that pertain to this type of business. Authorized Signature* COMMENTS: 3. CONSUMER AFFAIRS(LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature COMMENTS: �;r . �_ Coyle, Brenda From: Anderson, Robin Sent: Wednesday, December 13, 2017 3:37 PM To: Florence, Brian Cc: Coyle, Brenda Subject: 25 Franklin Ave, Hyannis Brian, Health just submitted a rental registration form for 25 Franklin Ave for a zoning sign off. However, there are a number of outstanding issues associated with this property. Please see the brief outline below. 1) A comprehensive permit was issued to convert a former (unreg) family apartment into an Amnesty unit. 2) The 2003 Amnesty application identifies the property as a single family home. 3) The subject unit is on the lower level and contains 2 bedrooms in 1,292 sf. 4) The Comp Permit was issued to Giuseppe Rigatuso, singularly and as the only party named. 5) The property owner is required to occupy the dwelling. 6) This permit is not transferable as a matter of right. See condition #10. 7) Giuseppe Rigatuso is deceased (DOD 4/23/2013) 8) It appears that the number of units on site is now three. 9) There are no other permits on file. 10)The property is'now owned by a-trust. 11)Comp Permits are not issued to trusts. 12)Applications owned by trusts have been previously denied as not being an eligible entity. Please review the file and let me know how to proceed. Thank you. p�g6Le Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis,MA 026oi 508-862-4027 _ 1 Giuseppe Rigatuso Obituary Doane Beal & Ames I Hyannis MA Page 1 of 2 BILL PAY I CONTACT US I PROVIDER LOCATOR I EMPLOYMENT I ENGLISH ♦I n SEARCH Di Illt DONE BEAL&AMES •� +•���� 160 wF_S"f MAIN S'FR13ET.HYANNIS.NI.A 0?G01 1 A18-77i-O6841 MAP 1-10ME: ABOUT US PLAN NOW OBITUARIES VETERANS COMMUNITY LIBRARY I" CX71 In Memory of LVE30 t Giuseppe A Rigatuso { 9 tyro F" f l:' ?.1.`June 8,1936-April 23,2013 f�r•e�;,o.er sy 7.r,c f'�;fot- Giuseppe A Rigatuso t obituary < r `` HYANNIS-Giuseppe'Pino"Rigatuso,76,of Hyannis,died at home on = . April 23.2013.Born in Castelbuono,Italy,in 1936,he was the loving husband of Lenice Rigatuso for 14 years.She will forever carry him in /l lW her heart.He is survived in the U.S.by his son,David,daughter-in-law �flowers. " Jennifer,and granddaughters Adrian and Gianna. He leaves behind in MAKE YOUR Italy his daughter,Concetta,son Salvatore,brothers,a sister and many relatives.He will be missed by countless friends everywhere.He was OPINION COUNT the best old school mason on Cape Cod for over 25 years.He also } worked in Italy, France,Germany,Saudia Arabia and Libya.He spoke Thank you for seven... visiting our WebSjte ^- ` 51i, ;r Read Complete obituary You have been selected L xr "" send Flowers to take part in a brief Service Information survey about ourwebsite.It will just take a ,, :, couple of minutes. Click here to expand,. - Share: t _ To thank you for your Guest Book participation,we will make a charitable donation on your Funeral Etiquette Reopen this Guest Book behalf upon completion of the g_- b survey. What To Do Before,During and 'IAfter a Funeral Service " The Guest Book for Giuseppe A Rigatuso is no longer available online. thanks: I Y6S. 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IIt Plan Online Now This site is ;rovided as a serr.ce of CC;Shared Resources,LI-C.The Dignity Mersa a.Nand name is used to identify a network of lice;-sec;funeral c`eanatio an,'cer ttery providers thalinclude affiliates of Service Corporation internatipna.5929 Allen Parkway, stor,,, Texas.V-rith aver 2,00 ',1,.2i t mti,Dig I y provide s I-uud7 y s,,fve over 300,000 families a'yea,, . http://obits.dignitymemoriAl.com/dignity-memoria-1/obituary.aspx?n=Giuse... :11/29/2017 Town of Barnstable oFt"Era,. Regulatory Services P� do .Richard V. Scali, Director S MASS. ` Building Division BARNSTABLE ass. Fn Ma+" � Thomas Perry, CBO i6�D3 Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 August 17, 2015 Mr. Guiseppe Rigatuso t 25 Franklin Avenue Hyannis,MA 02601 Re: 25 Franklin Ave. Dear Mr. Rigatuso, This letter is in response to concerns raised by the Growth Management Division that the above referenced address may have exceeded the provisions of Comprehensive Permit 2003-61. One amnesty apartment is_allowed in addition to your own apartment. The concern is that there"are more than two apartments. Please contact this office by August 31, 2015 to arrange for an inspection to resolve this issue. Failure to do so may result in fines and/or a rescinding of the Comprehensive Permit. If you have any questions or feel aggrieved by this decision, do not hesitate to contact this office. Sincerely, Paul Roma Local Inspector+ Page 1 of 2 ..-:- i Anderson, Robin From: Perry, Tom Sent: Tuesday, August 04, 2015 2:02 PM To: Anderson, Robin Subject: FW: 25 Franklin Ave Hyannis This property needs to be "visited" this week.Sounds like it's grown. From: Buntich, JoAnne Sent: Tuesday, August 04, 2015 12:42 PM To: Perry,Tom Cc: Jenkins, Elizabeth; Cadrin, Arden Subject: FW: 25 Franklin Ave Hyannis Hi Tom, This appears to be out of compliance with the Comprehensive Permit. I pass this along to you to determine issues there may be for this property. Please let me know if GMD can provide assistance. Thanks,Jo Anne Jo Anne Miller Buntich, Director GROWTH N1ANAC€€-AIE T. Town of Barnstable 1367 Main Street I Hyannis,Ma 02601 p 508 862 4735 1 e-mail Joanne.buntich@town.barnstable.ma.us Website I Business Barnstable I HyArts I Barnstable Worum From: Cadrin, Arden Sent: Tuesday, August 04, 2015 10:34 AM To: Buntich, JoAnne - Subject: 25 Franklin Ave Hyannis JoAnne, 25 Franklin Ave Hyannis has an approved AAAP unit (Comp Permit 2003-61 Rigatuso). Upon discussion with the tenant, I was told she and her family live on the first floor, the homeowner lives on the 2nd floor, there is another apartment in the basement and one"on the side of the house". I called the homeowner seeking a copy of the lease; homeowner's "boyfriend"spoke to me. At first he said the unit was empty, when I questioned that he asked me the name of the tenant I was referring to and then changed his mind and said she still lives here and will bring me copy of lease. 8/4/2015 I I Page 2 of 2 v Attached is Comp Permit and copy of lease (which refers to ist floor apt and 2nd floor). Arden Arden R. Cadrin Housing Coordinator Town of Barnstable 367 Main Street Hyannis,NIA 02601 arden..cadri.n@tow-n.baxnstable.ma.us (508)862-4683 8/41/2015 •^ Guise a Antonio Rigatuso,Trustmakert d \ Trustee COMMONWEALTH OF MASSACHUSETTS ) )ss. COUNTY OF BARNSTABLE ) On this day, March 14, 2013, before me, the 'undersigned notary public, personally appeared Guiseppe Antonio Rigatuso, as Trustmaker and as Trustee, proved to me through satisfactory evidence of identification, which were Row a ht-rG , to be the person whose name is signed to the preceding trust:instrument, and acknowledged to me that he signed it voluntarily for its stated purposes. Witness my signature and official seal. [Seal] ,.•`P'G. N Ugly''%, ; �.�� �0 oMie.eXn:���'• s . OQ;AG,J�Y?��a. Notary w� = 540 Main Street Hyannis,Massachusetts 02601 o,�°rq, p js 0 My commission expires. • ''�3SARHuS pP``� 13-10 THE SMALL BUSINESS&ESTATE PLANNINt3 LAw GROUP,P.C.,540 MAIN STREET,SUITE 8,,HYANNIS,MASSACHUSETTS 02501 1 (508)775-4700 COMMONWEALTH OF MASSACHUSETTS ) ( )ss. COUNTY OF BARNSTABLE ) I, Guiseppe Antonio Rigatuso, declare to the officer taking my acknowledgment of this instrument and to the subscribing witnesses that I signed this instrument as my trust, Guiseppe Antonio Rigatuso,Trustmakir We; ,!�r �t . -. �,?f r f and y �. <<<; .: ., have been sworn by the officer signing below, declare to that officer 6 n our oaths that the Trustmaker declared the instrument to be the Trustmaker's trust and signed it in our presence. We U/fc each signed the instrument as a witness in the presence of the Trustmaker and of each other. i Witness T .,1; (' j, Witness 13-11 THE SMALL BUSINESS&.ESTATE PLANNING LAW GROUP,P.C.,540 MAIN STREET,SUITE 8,,HYANNIS,MASSACHUSETTS 02601 (508)775-4700 COMMONWEALTH OF MASSACHUSETTS ) , ( )ss, COUNTY OF BARNSTABLE ) I, —io Rigatuso, declare to the officer taking my acknowledgment_of this instrument and to the subscribing witnesses that I signed this instrument as my trust. AAP LRIAI igatuso,Trustmaker We, f 5;. and `' . c �i°may `f leave been sworn by the officer signing belo v, and declare to that o d our oaths that the Trustmaker declared the instrument to be the Trustmaker's trust and signed it in our presence. We each signed the instrument as a witness in the presence of the Trustmaker and of each other. Witness f <`is Witness 1 i 13'11 THE SMALL BUSINESS&ESTATE PLANNING LAw GROUP,P.C.,546 MAIN STREET,SUITE 8,,HYANNIS,MA8SACHUSETTS 02601 1 (508)776-4700 n COMMONWEALTH OF MASSACHUSETTS.). )ss. COUNTY OF BARNSTABLE; ) On this day, March 14, 2013, before me, the undersigned notary public, personally a eared pp }' , and 7 as Witness, -1,tr :}c.�.j •1:1:: ti'4,,:��•1 r: as 'Witness, proved 'to me through -satisfactory evidence of identifica fon, which were ;,f;,<.,,, 4-11 VA s.. , to be the person whose name is signed to the preceding trust instrument, and acknowledged to me that he signed it voluntarily for its stated purposes,,, Witness my signature and official seal. [Seal] a Q,�i�JpRY2,i79�;'l1�' aoN 70= Notary ,ublic ® °° - 540 Main Street 0-•?o e� Hyannis,Massachusetts 02601 oMMApY........Pu �S M commission expires: ..... y p „„O, f 13-12 THE SMALL BUSINESS&ESTATE PLANNING LAW GROUP,P.C.,540 MAIN STREET,SUITE 8,,HYANNIS,MASSACHUSETTS 02601 I (508)775.4700 k THE SMALL BUSINESS&ESTATE PLANNING LAW GROUP Y COUNSELLORS AT LAW LETTERS OF AUTHORITY FOR Docket No. Commonwealth of Massachusetts BA13P0885EA The Trial Court PERSONAL REPRESENTATIVE Probate and Family Court Estate of: Barnstable Probate and Family Court f Guiseppe Antonio Rigatuso 3195 Main Street PO Box 346, Barnstable, MA 02630 Date of Death: 04/23/2013 (508)375-6710 To: Lenice Rigatuso 25 Franklin Ave Hyannis, MA 02601 You have been appointed and qualified as Personal Representative in `❑ Supervised XO Unsupervised administration of this estate on July 03, 2013 (date) These letters are proof of your authority to act pursuant to G.L. c. 1906, except for the following restrictions if any: ❑ Pursuant to G. L. c. 1906, §3-108(4), the Personal Representative shall have no right to possess estate assets as provided in § 3-709 beyond that necessary to confirm title thereto in the successors to.the estate and claims, other than expenses of administration, if any, shall not be paid. ❑ The Personal Representative was appointed before March 31, 2012 as Executor or Administrator of the estate. (Do Not Write Below-This Line-For Court Use Only) CERTIFICATION I certify that it appears by the records of this Court that said appointment remains in full force and effect. IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seal of said Court. Date November,14, 2017 � Anastasia W Perrino, Register of Probate MPC 751 (4/15/16) so So e-7 a� AM t 9 f{r MEM m , ti 0 F F Ln M1��Postage $ Certified Fee f Q Return Receipt Fee ARM Q (Endorsement Required) Here Q i Restricted Delivery Fee Q (Endorsement Required) Q rU Total Postage&Fees Sent To / Q Street,Apt.No.;M1 or PO Box---Z �2 {i City,State, IP+ _ -�=--'--------------------= Building Department 200 Main Street U.S.POSTAGE>>PITNeveowes Hyannis, MA 02601 f ! ® Fr kr!'• .� ZIP 02601 $ 006.73 7014 1200 0001 0358 5234 k 02 1YY 0001383424 AUG. 19. 2015. 'A 'p G� Mr. Guiseppe Rigatuso 02 25 Franklin Avenue 0 i Hyannis, MA 02601 NIXIE Fa „R-E TU R 4d", T0 .S,E Pa i7 E R T _nFLIi/ER'kBs_ F AS Ark. 'R-F'SCFh :U-N AB L E . TO'<"F 0R'wA IRD ..., B'C. 026b14.002B'D t36-9—V9785 -2S �z;�.as.(�4a�z , , - ' �c14��.r,1.d+lll�lli9�111}�,3,Irss1'illliai `1111e�4-� o�l�lt�illlll.�f1 - i COMPLETE • A Signature ■ Complete items 1,2;and 3.: p Agent f s ■'Print your name and.address on the reverse ❑Addressee so that.we can return-the card to you. a ;■ Attach his card to the.back of the mail lace B. Received by(Printed Name)• C:`;Date of Delivery p " ., or on the front if space;permits:, 1 i;Article Addressed to z D: I§delivery address different from its 1?` "Yes a w p If YES enter delivery address below is❑No le1 c h 4-1 'Yt F h 3 Service Type ❑❑PdoritY Mail Express® V., II I'II I'III I I,II"III�I III�I'III II I'I�II ?_; ❑Aduit signature Restricted Delivery C9 Raeggistered Mall Restfcted r `^ rtlfied Mail®.. A Delivery - �'' 9590 9403 0232 5146 5385 T27 ed Mail Restricted very rcdipf for si nature o nnation A I ❑certin cted Deli ❑:collect on Delivery 5" ❑Collect on Delivery Restricted Delvery; ❑ 9 "x -x 2. Article Number(transfer from service label,,: „_, .• _Insured Mail ❑signature Confirmation insured Mail Restricted Delivery Restri ated Delivery. 7014 120o 0001 0358 5234 over$500 - Return Receipt i:Aprii 2015 PSN 7530 02 000 9053 omesti Town of Barnstable oFt"Era,, Regulatory Services Richard V. Scali, Director DATABLE. ' Building Division t TABLE MAS9.Eo39 �` Thomas Perry, CBO 2014 Building Commissionerj[� 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 August 17, 2015 Mr. Guiseppe Rigatuso 25 Franklin Avenue Hyannis, MA 02601 Re: 25 Franklin Ave. Dear Mr. Rigatuso, This letter is in response to concerns raised by the Growth Management Division that the above ' referenced address may have exceeded the provisions of Comprehensive Permit 2003-61.One amnesty apartment is allowed in addition to your own apartment. The concern is that there.are more than two apartments. Please contact this office by August 31, 2015 to arrange for an inspection to resolve this issue. Failure to do so.may result in fines and/or a rescinding of the Comprehensive Permit. If you have any questions or feel aggrieved by this decision, do not hesitate to contact this office. Sincerely, Paul Roma FFpF Local Inspector j Q-, �Y s _ - ��k Amnesty Prog �ar _ y Helping oil! Make Affordable Housing Possible - - - - -. • -..., _. r r inkis ROM., Zip woo arm too ar LI it IRS- ZZ AOURMEIN . .. also A ` r lb ertl A. ocom lance This certificate indicates acceptable'.......... .......... all omit 00 AQ, m�nim 6le:tequirementc per Iviassachusetts StaCe` uildmg'Code - and Town of Barnstable onmg ordinances in accordance Wid the Amne_sCy Pragram Location 25 Franklin Street; Hyannis, MA a wo die ms not to exceed three.adults or a Tamil of four' L�n�t Capcity y Inspector v : too: ry M/P No 292/036 � . The Town of Barnstable IL MAM ' Office of Community and Economic Development 019. 230 South Street Hyannis, MA 02601 Kevin Shea Office: 508-8624678 Director Fax: 508-790-6288 ACCESSORY AFFORDABLE HOUSING PROGRAM TO. Tom Perry,Building Commissioner cc: Kevin J.Shea Lois Barry,Building Division FROM Robert Shea,BHA Housing Inspector DATE: E l�Y' Map/Parcel 0A 2— RE: Inspection at: 015- �� �Gr� jr, I have conducted a State Housing.Inspection of a single-family/multi-family dwelling owned by: T L s a Phone: l 9 D 2 7 address: A 67 �'�ti—I� ti v ST � R wNt j Single-Family OR Multi-Family:Units: Unit Capacity: # Bedrooms: Unit Capacity: # Bedrooms: Unit Capacity: # Bedrooms: Unit Capacity: • # Bedrooms: It was found to be in compliance with the State Sanitary Code. Would you please arrange to have the Building Department do it's final inspection of the property in order to grant the Certificate of Compliance for the unit(s). Date:. PASS ilH Signature: DATE 0 TIME 0 Y � .2 0?/1'7 APPROVED: lieREJECTED: (The following items need correcting): DATE CP 0 SIGNA RE Q:CommDev/PT/Monitor/Apprv1.doc TOWN CLERK BARNSTABLE, MASS. 9 & 52 Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2003-61- Rigatuso Applicant: Guiseppe Rigatuso Property Address: 25 Franklin Avenue,Hyannis,MA Assessor's Map/Parcel:- Map 292 Parcel 036 .Zoning: Residential B-4 Groundwater Overlay: AP Aquifer Protection OverlayDistrict Applicant: The applicant is Guiseppe Rigatuso,who resides at 25 Franklin Avenue, Hyannis,MA. Relief Requested: The applicant has applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts,Chapter 40B-§20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV,"Pre-existing and Unpermitted Dwelling Units and for New Dwelling Units in Existing Structures," more commonlytermed the "Accessory Affordable Housing Program." He wants to convert an accessory affordable unit at a single-family owner-occupied residential dwelling in accordance with all the conditions of this permit. The issuance of this Comprehensive Permit would allow for an owner-occupied single-family residence accessory affordable apartment within the single- family dwelling. Locus and Background: The property is a .21 acre lot that is developed with a 4-bedroom, 3-bathroom,4,508 square feet single- family, Colonial style home. The applicant has owned the property for 14 years. The proposed unit had previously been approved by the ZBA as a Family Apartment in November of 1998 through Appeal# 1998-124. Since the family member moved out, the applicant has been renting the unit off and on to ftiends. The applicant recently heard about Accessory Affordable Housing through a former participant and has come forward to convert the apartment into an affordable unit. The proposed accessory unit will be in the existing foot print of the family apartment which is in the basement of the main structure. It will be a two bedroom at approximately 1,292 square feet. The locus is in the AP Aquifer Protection Overlap District Procedural Summary: This application for a Comprehensive Permit was filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public heating before the Zoning Board of Appeals Heating Officer was duly advertised and notice was sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened on June 4,2003,by the Hearing Officer,Gail Nightingale,who presided over the public hearing: Also present was Paulette Theresa-McAuliffe,Accessory Affordable Housing Program Coordinator. l' Findings as to.Standing and The Comprehensive Permit: At the June 4;2003 hearing,the Hearing Officer made the:following findings of facto 1. The-applicant i Guise a R atus_o with an address of 25 Franklin Avenue, Hyannis,MEI. PP' g IVfr:R gatuso has ovrned the prop-erty since October T2;1989 as documented and recorded,at the Registry of Deeds in Book; 692;%page 344. He,is requesting a Comprehensive Permit to.convert:a former family apartment into an affordablertdri l unit to:be accessory to the single-'family own occupied residential;dwell rig. The:applicant has submitted, copy of a,certified deed.recorded at fl e Barnstable Re `s, of.Deeds documenting his.ownership.of.the property In addition,he,has submitted. gi �. a certified plot plan.dated.Novernber 15,199o; 2. :The applicant was issued a Protect Eligibility(site approval) etter dated Mag 6,2003 fromKevii Shea,Director;'Office:of Community&E:conomic Development,q xhe apphcatiori for the AccessoryAffordable Housing Program. The soiirce of the subsidyis the:federal Community D;evelopmentBlock Grant(CDBG)::progran- 3. The proposed rental unit will be approximately 1,292 square:feet and will be a tavo-bedroom.r'It:hs PP located;in th`e:.l asemerit df the;mam structure:. 4. According to the Assessor's record,.there is a total of:four bedrooms on the property. The property is in the AP' Aquifer Protection.Overlay District.The Public Health Division has' verified that the roposed property meets,both the conditions-of the State' Title V P Environmental Code;and;local Board of Health requirements,plus,approved the septicsystem at the:site for a total.of five b ' rooins,as,per the"Housin9.Amnestty/Pub1'c;Health"Form date.'d May 6,'20.03 16 The 5. The town of.Barnstatl`e completed an inspection-of the property on February ,2002 inspection found that` window in the living room was broken;a handrail needs to be placea,bn the. stairwell lea out of"tine unit,a.smoke detector is needed in the common front hallway It was: g _ . also noted that the unit.is not separately metered. The applicant aware that a final inspection y ' Division, has.to exforin,all the guilding,Division will be.required and that the Budding P. necessary inspections to assure that the,unit meets applicable mininnum state and local code requirements before;he is issued an.AmnestyCertificate of Participation. 6. On March 26,2003,:the applicant,signed an.AccessoryAffordable Housing (Amnesty]Program Affidavit ree' to co l with the programs'requirements irichidirig owner occupancy of the ag ing. mp.y principal clove unit andfurthet agreeing to complywith the provisions set forth in Article LXV:(65) of the Town Ordiniances.that uiclude their signing and recording of the Ytegulatoiy I it ement&Declaration of Restrictive Gavenarim. The subsidizing agency has deteiiniiied'that PP the s ., and recording of the:regulatory agreement qualifies the applicant as a linute_ g dividend organization" as that'term is used under,9G.L.c,4,0B §§20-23: 7. Undet'Chapter 3,Article LXV (65)..of the Town Ordiianices,the affordable unitanust be rented at,an affordable.resit to a person or fannilywhose income is'80% or`less of the Area Median Income.'t of Barns%able-Yarmouth Metropolitan Statist cal.Area. 8, According to tkeavfassachumtts Department of Housing and Communi Develo ment,.as of ry P October 1,2001,4.7%of the town's year.round housing stock qualified as affordable houses units. Ms'not;reached the statutory minimum under M.G.L.c. 40B§�20-23 or its'implementing I, The town.h 2 cal Comprehensive Plan,the use of existing housing regulations. Under the Town of Barnstable's Lo to create affordable units and the dispersal of these units throughout the town is encouraged. 9. Based upon the findings,the project 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 strictlyfollowed. Ruling and Conditions: Based upon the findings,the applicant, G.uiseppe Rigatuso,is granted a Comprehensive Permit to permit the conversion of an accessory apartment of 1,292 square feet to a single-family owner-occupied residential dwelling,subject to the following conditions: 1. The property owner shall occupy the principal dwelling as his year-round residence. 2. Occupancy of the affordable unit shall not exceed three adults or a family of four. 3. This unit shall not be occupied by a family member. 4. To meet the requirements of affordability,the applicant must rent the unit to a person or family whose income is 80%or less of the Area Median Income(AM17 of Barnstable-Yarmouth Metropolitan Statistical Area(MSA),adjusted by household size. The monthly rent payable by a household inclusive of utilities shall not exceed 30% of the monthly household income of a household earning 80% of the�allowance a establish a� at utilities y�oe�°lo B��ble shall be deducted e eve t are separately metered,the utility from rent level so calculated. 5. All leases shall have a minimum term of one year. 6. Before the issuance of an occupancy permit for the accessory affordable unit,the building commissioner must determine that the unit meets state building and fire codes,plus,complies with applicable state on-site wastewater discharge requirements. 7. The applicant may select their own tenant(s) provided the tenant(s)meet all requirements of the program and provided that person individual. The s)income is reviewed and approved by the Office of Community&Economic Development of the town of Barnstable as a qualified rk with the town to provide information necessary to document applicant will be required to wo unit is rented in an open and fair basis to an income that the tenant(s) qualify. To insure that the eligible individual or family,the unit must be listed with the town whenever a vacancy occurs. .Also, the applicant must notify the Office of Community&Economic Development of a vacancy whenever it occurs. 8. Everytwelve months the applicant shall review the income eligibility of those individuals occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit the applicant shSfile with the Office of Community&Economic,Development of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant(s) of the unit. The applicant shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the abilityto hold a hearing to show cause as to why this permit should not be revoked. 3 Affordable Unit shall be affordable in perpetuity(as affordable is defined herein) 9. The Accessory unless this Comprehensive Perrnit is rendered void. Com rehensive Permit shall not be transferable to any other person or entity Rwith tort'e prior 10. This p This approval of the Hearing Officer or Zoning Board of Appeals• Agreement and Declaration of Restrictive Covenants and htother O fnecessary ° ferreted be fed at the Barnstable County Registry of Deeds. If the ownership property town of Barnstable shall be notified within 60 days the name and address of the new owner• dwellin and accessoryunit shall be accommodated on site,and no lodging shall. 11. All pares for theg rehensive Permit . be permitted on site for the duration of this Comp rehensive Permit must be exercised and the unit occupied within.12 months.of its om 12. This C p issuance or it shall expire. Transm ission of the Decision of the Hearing Officer to the Barnstable Zoning Board of AAppptstr�ative In accordance with Part II,Section 4.02.and Part III,Section 3.72 of the,Town Appeals on April 23,2003, Code,the hearing officer transmitted her written decision to the Zoning Board of p ing no action to ppeals tak and fourteen days having elapsed since said transmittal with the ZoningehensiVe P Board of erm i pphcation. reverse the decision,this decision becomes the decision for this Comp Ordered: Appeals of this decision,if any,shall be Comprehensive Permit 2003-61 has been granted with conditions. App ��twenty(20) days pursuant to MGL Chapter 40A,Section 17, made to the Barnstable Superior Court p after the date of the filing of this decision in the office of the Town Clerk The applicant has the right to ter 40B,Section 22. appeal this decision as outlined in MGL Chap a3 Date Signed i lghtingale, icer County,Massachusetts,hereby I, ,Hutchennder,Clerk of the Town of Barnstable-)Barnstable filed thisdpcision and that cerdfgthat twen 20 da have elapsed since the Zoning Board of Appeals ty( ) Ys no appeal of the decision has een file the office of the Town Clerk eiialties of: ere of 9 r the pains and p . P Signed and sealed this� Y . Linda Hutchelinder,Town Clerk 4 1 r Town of Barnstable CF THE 1p� Regulatory Services r � BAMSTABM 9 MASS& Thomas F. Geiler,Director OOA 039. ♦0 'fog" Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 April 3, 2003 Guiseppe Rigatuso 25 Franklin Avenue Hyannis,MA 02601 SECOND REQUEST Re: Family Apartment Special Permit Dear Mr. Rigatuso: - Our records indicate that you have not responded to our January 15, 2003, letter requesting you to complete the Family Apartment Affidavit and return it to the Building Commissioner's Office. You are required under Section 3-1.1(3)(D)(1) of the Town of Barnstable Zoning Ordinances to submit an affidavit annually indicating the status of the family apartment. Failure to submit the affidavit is a violation of your special permit and may cause the Special Permit to be rescinded. Please return the enclosed affidavit as soon as possible. If you no longer have a family member residing in the family apartment, please contact this office as soon as possible to: Apply for a building permit to restore the property to a single-family home. Apply to the Zoning Board of Appeals for a variance, or Apply to the Amnesty Program. If you have any questions, please call Lois Barry, Division Assistant, at 508-862-4039. Sincerely, Tom Perry ✓� Building Commissioner J030403b Town of Barnstable } Regulatory Services °FT► rok� Thomas F.Geiler,Director AR STABLE Building Division Too Or B 9 antuvsrasr E g Peter F.DiMatteo, Building Commissiogg FEB 1 A i 31 sa3 200 Main Street,Hyannis,MA 02601 t33 p�ED MA'1� ✓�� . Office: 508-862-4038 p� 15 ax:. 508-790-6230 Town of Barnstable Family Apartment Affidavit I, being on oath, depose and state as follows: My name 1s a- Y,Jf am the owner/resident of the property located at:.� � P,� Od 0�7- Map and Parcel Number The ZBA granted me a Special PermitNariance on / i 45,ZI g 19 1?9 f y Date Appeal No. The following members of my family will be the sole occupants of the Family Apartment at the aforementioned address: Name &relationship to owne r; rvSO Name &relationship to owner: The Family Apartment will be the primary year-round residence for the above-identified family members. In the event that the listed relatives vacate said apartment, 1 will immediately notify the Building Commissioner in writing. I understand that no subletting or subleasing of said Family Apartment is permitted. I understand that I am required to file an Affidavit annually with the Building Commissioner listing the names and relationship of occupants in said Family Apartment. I also understand that I am required to comply with all conditions imposed by the ZBA in the Appeal No. identified above. I agree to notify the Building Commissioner,immediately in the event of the sale of this property. If there is no longer a Family Apartment at this location, please explain: The apartment has been dismantled. The apartment has been transferred to the Amnesty Program (Appeal No. ) , Other Sworn to under the pains and penalties of perjury this /l : day of 002. i Signature Phone Number 50 71?0 e- � �rvS� �� vS0 Print Name Q/b1dg/f6nw/f=affid Rev:010702 COMMONWEALTH OF MASSACHUSETTS f BARNSTABLE AFFIDAVIT I a 14 �� ►�,a. SG , being on oath, depose and state as follows: 1.) I reside MA 2.) I am the owner of the prope located at S - .1: ►- je.v►-L.RZ A H II '1 shown on Barnstable Assessors' maps as MAP PARCEL d?�6 3.) I Do Do not have a Family Apartment at this location. 4.) On 199 , the Zoning Board of Appeals, on Appeal No.�/ granted me a Special Permit/Variance to maintain a Family Apartment at the above address. 5.) I understand that the Family Apartment may only be occupied by members of my family who are persons related to me by blood or by marriage. 6.The following members of my family will be the sole occupants of the Family Apartment at the above address: a) NAME .� Relationship to owner. b) NAME Le ✓� c� � +-SSG Relationship to owner: �l 7.)The Family Apartment will be the primary year round residence for the above-identified family members. 8.) In the event that the above-listed relative(s) vacate said.apartment, I will immediately notify the Building Commissioner in writing. 9.) I understand that no subletting or subleasing of said Family Apartment is permitted. 10.) I understand that I am required to annually file an Affidavit with the Building Commissioner listing the names and relationship of my family members occupying said Family Apartment. 11.) I understand that I am required to comply with all conditions imposed by the Board of Appeals in Appeal No. 12.) I agree to immediately notify the building Commissioner in the event of the sale of the above- listed property. Sworn to under the pains and penalties of perjury this _�2 day of �'��ci�r Signature w Print Name �Yl C� Riaq_Aus<�, I Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1998-124-Rigatuso Special Permit Pursuant to Section 3-1.1(3)(D)t Family Apartment Summary: Granted with Conditions Petitioner: Guiseppe Rigatuso Property Address: 25"Franklin Avenue, Hyannis Assessor's Map/Parcel: Map 292, Parcel 036 Area: 0.21 acre Building Area: 2,584 sq.ft. Zoning: RB Residential B Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal consists of a 0.21 acre lot commonly addressed as 25 Franklin Avenue, Hyannis. The site is improved with a 2,584 sq. ft. two-story, two-family dwelling'. The property is serviced by town water and a private septic system. The applicant is proposing to convert a portion of the existing dwelling into a family apartment and is, therefore, requesting a Special Permit for a family apartment pursuant to Section 3-1.1(3)(D) of the Zoning Ordinance. Family apartments are allowed in RB Residential B Zoning Districts as a conditional use, provided a Special Permit is first obtained from the Zoning Board of Appeals. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 17, 1998. A 60 day extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened November 4, 1998, at which time the Board granted a Special Permit for a family apartment with conditions. Hearing Summary: Board Members hearing this appeal were Ron Jansson, Gene Burman, Richard Boy, Elizabeth Nilsson, and Chairman Emmett Glynn. Attorney Jennifer Esmel represented the applicant, Guiseppe Rigatuso, who was present. Attorney Esmel explained the layout of the house and submitted the floor plan of the second floor which is the family apartment. This plan shows where the kitchen will be located. Guiseppe Rigatuso owns the home. His son David, his son's wife, and their newborn child, live on the first floor and Mr. Rigatuso lives on the second floor. There was some confusion because the application states the family apartment will be occupied by the son. However, David Rigatuso (the son and his family)actually live in the main house and the father(Guiseppe Rigatuso) lives, by himself, in the family apartment. Ms. Esmel reported Mr. Rigatuso did not understand the application when he filled it out. Since then, she has explained the Zoning Ordinance with reference to Section 3-1.1(3)(D)and he understands the provisions and will be in compliance. According to assessor's records dated 10/20/98 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-124-Rigatuso Section 3-1.1(3)(D)Special Permit-Family Apartment The Board was concerned with the number of bedrooms in the entire dwelling, the capacity of the private septic system, and the requirement that the family apartment unit be no greater than 50% of the main dwelling. Some Board Member stated they would like to condition the grant of this family apartment with the requirement that there be approval from the Board of Health. Public Comments: No one spoke in favor or in opposition to this appeal. Findings of Fact: At the Hearing of November 4, 1998, the Board unanimously found the following findings of fact as related to Appeal No. 1998-124: 1. The petitioner, Guiseppe Rigatuso, is seeking a family apartment pursuant to Section 3-1.1(3)(D) of the Zoning Ordinance. The petitioner owns the property in issue located at 25 Franklin Avenue, Hyannis, MA as shown on Assessor's Map 292, Parcel 036. The site consists of 0.21 acres. There is an existing building consisting of approximately 2,584 square feet. The property is located in the RB Residential B Zoning District. 2. The property was at one time used as a multi-family dwelling. A letter dated August 4, 1998, from the Building Division, was sent to the owner, expressing the Building Division's concern as to the legality of the dwelling. 3. The Petitioner is proposing to create a family apartment at this site consisting of one primary residential dwelling and one family apartment unit. This will eliminate two separate dwelling units as this will now be considered a family apartment unit only. 4. The owner will reside in the family apartment on the property. 5. The owner's son will reside in the main dwelling with his wife and their newborn child. 6. The overall size of each unit will comply with Section 3-1.1(3)(D)of the Zoning Ordinance. 7. The petitioner understands and will comply with Section 3-1.1(3)(D)of the Zoning Ordinance and understands this is not a two family dwelling. 8. The petitioner has stated this will be the primary year-round residence of the family member(s) residing therein. 9. The property is located in an AP-Aquifer Protection Overlay District and not serviced by town sewerage. 10. The relief(subject to terms and conditions to be imposed by the Board) may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Decision: Based upon the findings a motion was duly made and seconded to grant the Applicant the relief being sought in Appeal No. 1998-124 for a family apartment with the following terms and conditions: 1. The primary residence is to be occupied only by David Rigatuso, his wife and their child(ren). 2. The family apartment is to be occupied by Guiseppe Rigatuso. 3. The family apartment shall be developed in accordance with the plan submitted and must comply with all restrictions of Section 3-1.1(3)(D) of the Zoning Ordinance. 4. This Family Apartment Special Permit is conditional upon obtaining all Board of Health approvals for not more than four bedrooms to be utilized at this site. 5. There shall not be an additional apartment use made on site. The only use on the site will be that of a primary residence and a family apartment unit. 6. Upon vacating and abandonment of the family apartment, the property shall revert to a single family residential dwelling. 7. The subject property shall comply with all restrictions of Section 3-1.1(3)(D)of the Zoning Ordinance. If at any time, they are found to be in violation, the Zoning Board of Appeals shall have the ability to hold a show cause hearing to show cause why this Special Permit shall not be revoked. 8. The family apartment shall have no more than two bedrooms. The rooms as they now exist must be modified to reflect this and the change must be approved by the Building Department. 2 i Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-124-Rigatuso Section 3-1.1(3)(D)Special Permit-Family Apartment The Vote was as follows: AYE: Ron Jansson, Gene Burman, Richard Boy, Elizabeth Nilsson, and Chairman Emmett Glynn NAY: None P Order: Special Permit Number 1998-124 for a Family Apartment has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. 1998 Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1998 under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 3 I erne - .639 ED UP Town of Barnstable Zoning Board of Appeals Decision and Notice Appeal Number 1998A24-Rigatuso Special Permit Pursuant to Section 3-1.1(3)(D)-Family Apartment Summary: Granted with Conditions THIS DOCUMENT HAS Petitioner: Guiseppe Rigatuso Property Address: 25 Franklin Avenue, Hyannis NOT BEEN RECORDED Assessor's Map/Parcel: Map 292, Parcel 036 Area: 0.21 acre Building Area: 2,584 sq.ft. FILE COPY ONLY! Zoning: RB Residential B Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal consists of a 0.21 acre lot commonly addressed as 25 Franklin Avenue, Hyannis. The site is improved with a 2,584 sq. ft. two-story, two-family dwelling'. The property is serviced by town water and a private septic system. The applicant is proposing to convert a portion of the existing dwelling into a family apartment and is, therefore, requesting a Special Permit for a family apartment pursuant to Section 3-1.1(3)(D) of the Zoning Ordinance. Family apartments are allowed in.RB Residential B Zoning Districts as a conditional use, provided a Special Permit is first obtained from the Zoning Board of Appeals. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on August 17, 1998. A 60 day extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. The hearing was opened November 4, 1998, at which time the Board granted a Special Permit for a family apartment with conditions. Hearing Summary: Board Members hearing this appeal were Ron Jansson, Gene Burman, Richard Boy, Elizabeth Nilsson, and Chairman Emmett Glynn. Attorney Jennifer Esmel represented the applicant, Guiseppe Rigatuso, who was present. Attorney Esmel explained the layout of the house and submitted the floor plan of the second floor which is the family apartment. This plan shows where the kitchen will be located. Guiseppe Rigatuso owns the home. His son David, his son's wife, and their newborn child, live on the first floor and Mr. Rigatuso lives on the second floor. There was some confusion because the application states the family apartment will be occupied by the son. However, David Rigatuso(the son and his family) actually live in the main house and the father(Guiseppe Rigatuso) lives, by himself, in the family apartment. Ms. Esmel reported Mr. Rigatuso did not understand the application when he filled it out. Since then, she has explained the Zoning Ordinance with reference to Section 3-1.1(3)(D) and he understands the provisions and will be in compliance. According to assessor's records dated 10/20/98 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1998-124-Rigatuso Section 3-1.1(3)(D)Special Permit-Family Apartment The Board was concerned with the number of bedrooms in the entire dwelling, the capacity of the private septic system, and the requirement that the family apartment unit be no greater than 50%of the main dwelling. Some Board Member stated they would like to condition the grant of this family apartment with the requirement that there be approval from the Board of Health. Public Comments: No one spoke in favor or in opposition to this appeal. Findings of Fact: At the Hearing of November 4, 1998, the Board unanimously found the following findings of fact as related to Appeal No. 1998-124: 1. The petitioner, Guiseppe Rigatuso, is seeking a family apartment pursuant to Section 3-1.1(3)(D)of the Zoning Ordinance. The petitioner owns the property in issue located at 25 Franklin Avenue, Hyannis, MA as shown on Assessor's Map 292, Parcel 036. The site consists of 0.21 acres. There is an existing building consisting of approximately 2,584 square feet. The property is located in the RB Residential B Zoning District. 2. The property was at one time used as a multi-family dwelling. A letter dated August 4, 1998, from the Building Division, was sent to the owner, expressing the Building Division's concern as to the legality of the dwelling. 3. The Petitioner is proposing to create a family apartment at this site consisting of one primary residential dwelling and one family apartment unit. This will eliminate two separate dwelling units as this will now be considered a family apartment unit only. 4. The owner will reside in the family apartment on the property. 5. The owner's son will reside in the main dwelling with his wife and their newborn child. 6. The overall size of each unit will comply with Section 3-1.1(3)(D) of the Zoning Ordinance. 7. The petitioner understands and will comply with Section 3-1.1(3)(D)of the Zoning Ordinance and understands this is not a two family dwelling. 8. The petitioner has stated this will be the primary year-round residence of the family member(s) residing therein. 9. The property is located in an AP-Aquifer Protection Overlay District and not serviced by town sewerage. 10. The relief(subject to terms and conditions to be imposed by the Board) may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Decision: Based upon the findings a motion was duly made and seconded to grant the Applicant the relief being sought in Appeal No. 1998-124 for a family apartment with the following terms and conditions: 1. The primary residence is to be occupied only by David Rigatuso, his wife and their child(ren). 2. The family apartment is to be occupied by Guiseppe Rigatuso. 3. The family apartment shall be developed in accordance with the plan submitted and must comply with all restrictions of Section 3-1.1(3)(D) of the Zoning Ordinance. 4. This Family Apartment Special Permit is conditional upon obtaining all Board of Health approvals for not more than four bedrooms to be utilized at this site. 5. There shall not be an additional apartment use made on site. The only use on the site will be that of a primary residence and a family apartment unit. 6. Upon vacating and abandonment of the family apartment, the property shall revert to a single family residential dwelling. 7. The subject property shall comply with all restrictions of Section 3-1.1(3)(D) of the Zoning Ordinance. If at any time, they are found to be in violation, the Zoning Board of Appeals shall have the ability to hold a show cause hearing to show cause why this Special Permit shall not be revoked. 8. The family apartment shall have no more than two bedrooms. The rooms as they now exist must be modified to reflect this and the change must be approved by the Building Department. 2 f Board of Town of Barnstable-Zoning Boa Appeals-Decision and Notice Appeal Number 1998-124-Rigatuso Section 3-1.1(3)(D)Special Permit-Family Apartment The Vote was as follows: Boy, Elizabeth Nilsson, and Chairman Emmett Glynn AYE: Ron Jansson, Gene Burman, Richard NAY: None Order: Special Permit Number 1998-124 for a Family Apartment has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Tow�f Clerk. �sv //• /!o , 1998 — 9* Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been fil the office of the Town Clerk. Signed and sealed this day o / 1998 under the pa. s and penalties of perjury. Linda Hutchenrider, Town Clerk 3 RetNo mappar owned ownedaddr city state zip 124 P 0 BOX 741 S YARMOUTH MA 02664 292 017 001 WINER, ERIC J 63 SPRING ST HYANNIS MA 02601 1292 020 NISSLEY, HELEN M 355 BEARSES WAY HYANNIS MA 02601 292 021 BASSETT, DONALD E & HELEN N %CHASE, LORA LEE 371 BEARSES WAY HYANNIS MA 02601 292 023 AGUTAR, IDA M 377 BEARSES WAY HYANNIS MA 02601 FRANCES L HAZELTON MA 02601 292 024 HAZELTON, DONALD R 385 BEARSES WAY HYANNIS 292 025 FLYNN, DOUGLAS CENTERVILLE MA 02632 DA L & BELISLE, J BLY 39 MARIE ANN TERR 292 026 gALWEIT, AMAN SS TRUST 384/6 N GRAFTON MA 01536 \ %SHEEHY, DAVID M 14 LORDVALE BLVD J292 033 SHEEHY, JOHN M 297 NORTH ST HYANNIS MA 02601 J292 039 GLADSTONE LIMITED PARTNERSH 10 CAPT BAKER RD MARSTONS MILLS MA 02698 a292 035 RAWDING, LISA 25 FRANKLIN AVE HYANNIS MA 02601 \1292 036 RIGATUSO, GUISEPPE 33 FRANKLIN AVE HYANNIS MA 02601 292 037 PILLSBURY, TIMOTHY & DURANT, NICOLLETTE M MA 02601 38 FRANKLIN AVE HYANNIS \�2.92 038 SMITH, ROBERT M & ALICE E 58 FRANKLIN AVE HYANNIS MA 02601, •\'292 039 FRAZIER, SUSAN 18 DIX ST WALTHAM MA 02154 ?292 040 GUIGNO, MICHAEL & MOIRA A 61 FRANKLIN AVE HYANNIS MA 02601 CAROL K IN, 292 049 VEENSTRA, ALICE M & FLAV 59 FRANKLIN AVE HYANNIS MA 02601 \�292 045 CHILDS, SUSAN E 39 FRANKLIN AVE HYANNIS MA 02601 J292 046 BRUNELLE, JOHN A 31 MILFORD ST BOSTON MA 02118 292 047 MACNEELY, PAUL W '1 FIRST FED PLAZA, 2ND FL ROCHESTER$1ST NY 14614 FED SVGS & LOAN ASSN 292 048 JONES-HENRY, BARRY W 55 FRANBILL RD HYANNIS MA 02601 \292 049 WIINIKAINEN, DOROTHY L WIINIKAINEN, JOHN A MA 02601 20 KELLY RD HYANNIS �2'42?>:;05'Q DELLAC0T7A, JAMES E& JO-ANNE 196 SOUTH ST HYANNIS MA 02601 j l ,292 051 BARNSTABLE HOUSING AUTHOR'Y J KIRWAN, G & HYANNIS MA 02601 RIVARD, M E 54 KELLEY RD 292 052 RIVARD, ANITA G & 19 FRANBILL RD HYANNIS MA 02601 \ J 292 074 001 GRIGALUNAS, JOSEPH R HYANNIS MA 02601 WILLIAM A & NARDONE, DEBORAH 89 WAGON LANE 292 074 002 NARDONE, COTUIT MA 02635 If u !", %HUFNAGEL, MARK F & BARBARA J 1524 NEWTOWN RD MA 02601 \\ � '€►+'9, QN ' 419 BEARSES W8Y HYANNIS 292 076 TARANTINO, CRAIG S HYANNIS MA 02601 9 GEN PATTON DR RFD J292 097 MONTEIRO, BEATRICE R 726 FALMOUTH RD HYANNIS MA 02601 292 098 WALKER, -JAMES A HYANNIS MA 02601 ANN T SOARES JO 7 GEN PATTON DR 292 099 SOARES, ANTHONY C 196 SOUTH ST HYANNIS MA 02601 292 100 BARNSTABLE HOUSING AUTHOR'Y k 1500 DEAN STREET NEW HAVEN CT 06473 1 292 101 PETRILLO, JUDITH MARIE CONCORD NH 03301 FLORES, HELEN 74 N E VILLAGE RD 292 124 FLORES, MELECIO H & SCITUATE MA 02066 . 18 DUNSTER LANE ' 292 157 ALIBERTI, ANTHONY J 18 DUNSTER LANE SCITUATE MA 02066 292 188 ALIBERTI, ANTHONY J MA" 02646 ` P O BOX 939 HARWICHPORT 1292 189 WINER, HOWARD A TRS HYANNIS MA 02601 36 KELLEY AD :292 190 MULRY, SUSAN Proof of Publication Town of Barnstable Zoning Board of Appeals Notice of Public Hearing Under The Zoning Ordinance for November 04, 19913 To all persons interested in.or affected by the Board of Appeals under Sec. 11 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts, and all amendments thereto you are hereby notified that: 7:30 P.M. Bridges Appeal Number 1998-1.23 Charles Bridges has petitioned to the Zoning Board of Appeals for a Special Permit for a Family Apartment pursuant to Section 3-1.1(3)(D)of the Zoning Ordinance.The papery,s shown on Assessor's Man 153.aar_. ?i1:: .r1' •..f i= ^mo^iy adcs'r.^t eti as 4- Road North,West Barnstable. MA inan GF Fes cierupi F Zoning Drstr.ct. h7:45 P.M. Rigatuso A.ppeai Number i998-124 KGuiseppe Rigatuso has petitioned to the Zoning Board of Appeals for a Special Permit for a Family Apartment pursuant to ropert Is shown on Section the ng Ordinance.The n As es or's Map 292. Pa cel 036 a � f ndiscommonly addressed p ssed as 25Frank n 'Avenue.Hyannis.MA in an RB Residential B Zoning District. 8:00 P.M. Ortenzi Appeal Number 1998-125 Richard 8 Mary P.Ortenzi have applied to the Zoning Board of Appeals for a Variance to Section 3-1.4(5)Bulk Regulation-Minimum Lot Area.The applicants wish to re-establish the development rights of a vacant parcel that has merged with their house lot.The property is shown on Assessor's Map 027,Parcels 040 and 042,respectfully addressed as 929 Santuit- Newtown Road and 30 Chippingstone Road. Marstons Mills. MA in an RF Residential F Zoning District. 8:15 P.M. Wilson Appeal Number 1998-126 Ronald Wilson has petitioned to the Zoning Board of Appeals for a Special Permit pursuan± to Section 4-4.4(2)Nonconforming Buildings or Structures Not Used as Single orTwo Family Dwellings.The petitioner proposes to construct an addition of 1.200 square feet onto a pre- existing nonconforming structure housing a gift and quilting shop known as'Tumbleweed'. The property is shown on Assessor's Map 216,Parcel 029 and is commonly addressed as 1919 Main Street/Route 6A,West Barnstable.MA in an RF Residential F Zoning District. 8:20 P.M. Wilson Remand of Appeal Number 1997.13 By Order of Stipulation of the Parties.Appeal Number 1997.13 has been remanded to the Zoning Board of Appeals in which Ronald Wilson appealed to the Zoning Board of Appeals fora Special permit pursuant to Section 4.4.5(2)Expansion of a Pre-Existing Nonconfor mina Use.The Special Permit is forthe expansion of classes in quilting.sale of quilting and sewing equipment and retail gift show known as Tumbleweed.The property is shown.on Assessor's Map 216, Parcel 029 and is commonly addressed as 1919 Main Street/Route 6A.West Barnstable,MA in Or-�Residential F Zoning District. ;These Public HearinS- oe held in the He3nng Room:Second Floor,New Town Hall.367 •Main Street.Hyannis.Massac usetts on Wednesday.November 04, 1998.All plans and applications may be reviewed the Zoning Board of Appeals Office,Town of Barnstable. 'Planning Department.230 Sot!h Street.Hyannis.MA. .Emmett Glynn.Chairman Zoning Board of Appeals i - I The Barnstable Patriot October 15 6 October 22. 1998 F ---- r Town of Barnstable Planning Department Staff Report Appeal Number 1998-124-Rigatuso Special Permit Pursuant to Section 3-1.1(3)(D)-Family Apartment Date: October 28, 1998 To: Zoning Board of Appeals From: Approved By: Robert P. chernig, Director Reviewed By: Art Traczyk, Principal Planner { Drafted By: Alan Twarog,Associate Planner Petitioner: Guiseppe Rigatuso = x Property Address: 25 Franklin Avenue Hyanrns Assessor's Map/Parcel 'Map 292,Par`ce1036 'Area: 0.21 acre Building Area: 2,584 sq.ft. Zoning: RB Residential B Zoning District Groundwater Overlay: AP Aquifer Protection District Filed:August 17, 1998 Hearing:November 4, 1998 Decision Due:January 24, 1999(this includes a 60-day extension signed by the applicant) Background: The property that is the subject of this appeal consists of a 0.21 acre lot commonly addressed as 25 Franklin Avenue, Hyannis. The site is improved with a 2,584 sq. ft. two-story, two-family dwelling'. The property is serviced by town water and a private septic system. The applicant is proposing to convert a portion of the existing dwelling into a family apartment and is, therefore, requesting a Special Permit for a family apartment pursuant to Section 3-1.1(3)(D) of the Zoning Ordinance. Family apartments are allowed in RB Residential B Zoning Districts as a conditional use, provided a Special Permit is first obtained from the Zoning Board of Appeals. The family apartment is to be occupied by David M. Rigatuso, son of Guiseppe Rigatuso. Staff Review/Comments: The petitioner's application is not clear on exactly which portion of the building is proposed to be converted to a family apartment. Under"Description of Construction Activity"the applicant has listed"1st 2 bedrooms, kitchen, laundry, living room, 2 baths". These rooms comprise the first floor,which may be what the applicant is referring to as the proposed family apartment. The applicant should be prepared to submit a floor plan which clearly defines the extent of the proposed family apartment. The applicant should also be prepared to present evidence that all the conditions of the family apartment provisions will be complied with. The subject site is located in a RB Residential B Zoning District which only permits detached single-family dwellings as-of-right. Assessor's records list the structure as a two-family dwelling and, according to the Building Division, the property is presently being used as a multi-family dwelling (see attached August 4, 1998 letter from the Building Division). A recent inspection of the dwelling by Gloria Urenas, Zoning Enforcement Officer, revealed that there are two kitchens in this building, one on the first floor and one on 'According to assessor's records dated 10/20/98 R Town of Barnstable-Planning Department-Staff Report Appeal Number 1998-124-Rigatuso Section 3-1.1(3)(D)Special Permit-Family Apartment the second floor. The floor plans submitted by the applicant show only one kitchen in this building located on the first floor. A review of Zoning Board of Appeals records indicates that no Special Permit or Variance was ever approved to allow a two-family dwelling on this site. The applicant should be prepared to address the history of this residence and its current status with regard to this issue. Special Permit Findings: In addition to meeting all of the provisions of Section 3-1.1(3)(D), the granting of a Special Permit requires the following finding of facts to be made by the Board (as required under Section 5-3.3(2)): • that the application falls within a category specifically excepted in the ordinance for a grant of a Special Permit, (Special Permits pursuant to Section 3-1.1(3)(D) -Family Apartment-are permitted in all residential Zoning Districts provided all criteria are met.), and, • that after evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. Suggested Conditions: If the Board should find to grant the relief requested, it may wish to consider the following conditions: 1. The family apartment shall comply with all restrictions of Section 3-1.1(3)(D)and shall be the primary year-round residence of the family member(s) residing therein. 2. The family apartment shall be developed and maintained as per plans presented to the Board. 3. The locus shall comply with all Town of Barnstable Building and Health Divisions Regulations. Attachments; Assessor's Map/Card Copies: Petitioner/Applicant Application Forms Floor Plan August 4, 1998 Letter from Building Division Photos of Dwelling 2 s Town of Barnstable-Planning Department-Staff Report 'N Appeal Number 1998-124-Rigatuso Section 3-1.1(3)(D)Special Permit-Family Apartment Copy of: Section 3.1.1(3)(D)-Family Apartments D) Family Apartment subject to the following: a) Not more than one(1)family apartment is provided. b) The family apartment is within or attached to an existing residential structure or within an existing building located on the same lot as said residential structure. c) The residential character of the area is retained as nearly as possible. d) The family apartment contains not more than fifty percent(50%)of the square footage of the existing residential structure if being proposed as an addition thereto. e) All setback requirements of the zoning district within which the family apartment is being located are complied with. f) The property owner resides on the same lot as the family apartment. g) The family apartment is occupied by members of the property owner's family only. h) The occupancy of the family apartment does not exceed two(2)family members at any one time. i) The family apartment is the primary year-round residence of the family member(s) residing therein. j) The family apartment will not be sublet or subleased by either the owner or family member(s)at any time. k) Scaled plans of any proposed remodeling or addition to accommodate the family apartment have been submitted by the property owner or his or her agent to the Building Commissioner and the Zoning Board of Appeals. 1) Prior to occupancy of the family apartment, affidavits reciting the names and family relationship among the parties seeking approval have been signed and shall be signed annually thereafter for the duration of such occupancy. m) Prior to occupancy of the family apartment, an occupancy permit shall be obtained from the Building Commissioner. n) No such occupancy permit shall be issued until the Building Commissioner has made a final inspection of the proposed family apartment. o) Within sixty (60) days from the date authorized family members vacate the family apartment, the owner or his or her agent shall remove any kitchen facilities in such unit and notify the Building Commissioner to inspect the premises. p) In addition to the provisions of Section 3-1.1(3)(D)(o)above, upon vacation of any family apartment, the premises shall be restored as nearly as possible to their state prior to the creation of such family apartment. q) The Building Commissioner shall have the right to further inspect the premises upon which a family apartment has been vacated at least three (3)times per year for three(3)years consecutive from the time of such vacation. 3 ` Zoning Board of Appeals Anolieation for Family Anar=ent 30ecial 0# Date Received For office use crl;•: Tavn Clerk Of_ice ► ,� Appeal # 1q'�E�j ia4 THE ZONING RELIEF BEING SOUG HAS ' sear- THE Date11-4 -28 BEEN DETERMINED BY THE ZONING Dec:sic= Due ENFORCEMENT OFFICER TO BE APPROPRIATE RELIEF GIVEN THESE CIWWS ftsigned hereby applies to the Zoning Board of Appears :cr a Spec=a, Pe=it for the development and maintaining of a Family Apar.z-snz in ac==__an- with section 3-1.1(3) (1)) of the Zoning Ordinance, in the manner and !or the reasons hereinafter set forrh: {� x CA Applicant Name•- S_:i c; f%e�- A* -.` _.I > , Phone, - Apal._cant Ad::.ess: _z r K I- l•'t 6.?G� P==per-_y Location: A-; c Pr=per_y owner: SA/I'1 E- Phcne Zf applicant di:+era .-= owner, state .sac_:a o: ir._a____ • s UG 1 71998 TOWN OF BARNSTABLE TIN2N 3 KAR OF APPEALI .Nt�Fi`�$�: - awned: G1.L• Assessor's Hap/Par=el N::-.ber: 1 All - tcning District: RB RB-1 [ J , RC [ J , RC-- j , RC-2 RD [],, RD-1 [ j . RF [ l , R-- [ ) , R.-2 [ 1 � RG [ j• RAF3 [ J , PR ==ndaa.ter Overlay District: AP [ ] , GP [) , WP [ ) . N=e(n) and relationship of the family me:.bern to occupy the Fs:=ilg Apart=e=t: 'p Nz':e: lei'+ t? /� �- `.r ! t-j.3 ; Reiationah+ to owners: < N`:.e: Relationship to owners: The Family Apar=ent is to be developed: �j within the existing single !=ily struc:ure. O as an addition to the existing single fa-.4 y stir:=_=re.- [ ) in an existing accessory building. [ j other - Please MYplain: R Application for Pauily Apartment Spec4al Permit Description of Construction Ae tivity: G %� �� K ` tt,`-�� `fi^ ,. I ^ r .... . . . . .. 8C P_..�ased Grass .loan Area of the Family Apar�ent Unit: . The Gross Floor Area of the Existing Single Family Dwelling Unit: JU0 Be Do all structures, existing and proposed, comply with all setback requirements for the Zoning District in which it is located? Yes(j will this be the permanent address of the ccc::pant(s) of the Farr•U y Aparrnent: ..... .. . . . . . . .. Yes[' t If no, Please explain: Is the proner_y located in an Historic District? Yes[ ] yylr If yes OXn Use only: No =xterior Changes. .. . . . . . . . . Plan Review Nuaber Date Approved In the building a designated Historic Landmark? Yes( ) I, t: If yes nistcric Department Use Only: Date Approved Is the praperzy se_^red by public water supply? Yes N Is the property on private septic? Ye9(I N If yes Health Department Use only: Title V System Yes( ] N Date Approved 7- 1.:'�4.;'� Date: Signature: i f •��t_' � r Applicant or Agents Signature AcenL•s Address: f�.• t`L i�' 't-' Phone: Family Apartment Affidavit c-(�/�'t 'h�-Carr"? G',� �� , being on oath, depose and state as follc:rs : _ FLH/ti t<L. /�G that I have o rn e d 1. I reside at l . since i 1C , and which is my doaic?la and principal residence. The props__.• shown on Barnstable Assessoros Hap and Parcel Number _��_• 2. on , 19 ,the Zoning Board of Appeals, in Appeal No. granted to me a Special permit to develop and maintain a Family Aparert :: accordance with section 3-1.1(3.) (D) of the Zoning ordinance and in acre_=ent condition of that Special Permit at the premises above. 3 The following members of my family will be the sole cc=upant(s) of the ?_ Apartment Unit Name: , [`� 1 �- �? %(-' -`� C' , Relationship to owner: 5C A Nacre: , Relationship to owner: I understand that the Family Apartment: shall only be occupied by members of my family who are persons related t: by blood or by marriage, shall be the primary year-round residence for the identified family me=. e • . shall not be sublet or subleased to any other person(s) , and shall, at all times, be in compliance with all ,conditions of the special Permit issued by the Zoning Board of Appeals, including plans and cc-='_ made .in the application and approved by the Board. This affidavit shall be filed annually with the Building Inspectors office an the unit shall be vacated by the above identified family members, I shall wit. 30 days notify the Building Inspectors office of that and shall immediately proceed with the removal of the family apartment unit. 2n the event of the sale or transfer of ownership of the above property, I sh notify the building inspectors office and shall surrender the Special Petit this Family Apartment. sworn to under the pains and penalties of perjury this day of 19 signature: s f� (Please Print) Name: ,, l r� �'t��- � �- � /� �, �� l , Phone: Hailing Address: : t • aAenaMBIA • NA M The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner August 4, 1998 Mr.Guiseppe Regatuso 25 Franklin Avenue Hyannis MA 02601 RE: 25 Franklin Avenue(Map#292/Parcel#036) Dear Property Owner: Our records indicate that your house at 25 Franklin Avenue,MA, is currently being used as a multi-family home contrary to Barnstable Zoning Ordinances. You must contact this office as soon as possible to either: 1) apply for a building permit to restore the property to a single-family home 2) apply to the Zoning Board of Appeals for a variance 3) prove that this is a legal multi-family You must contact this office immediately to tell us what direction you wish to take. Sincerely, /9/Cii �f• kzozef-� Gloria M. Urenas Zoning Enforcement Officer GMU:kl t980804a operty Location: 25 FRANKLIN AVE MAP LD: 292/ 036/ Other lD: Bldg#: 1 Card 1 of 1 Print Date:10/20/1998 NMI Description Appraised value Assessea value >FRANKLIN AVE SIDNTL 1040 138,50 138,50 80l YANNIS,MA 02601 BARNSTABLE,MA RLccotmt 9 UA.340 Plan ax Dist 400 Land Ct# er.Prop. #sR VISION Life Estate DL 1 LOT 51 Notes: DL 2 TO - 15, �, r. o eAssessea value Yr. Code ASSeSSea value r. o c ess a ue IGATUSO,GUISEPPE 6923/343 10/15/84 Q I 70,0 ORNSTEIN,STUART A TR 1496/378 Q o , ota. 151,guq IWO signature acknowTe7ger a visir by a ata Colleivor or Assessor ear escription moun a Description IVUMVer Amount omm. Appraised Bldg.Value(Card) 135,500 Appraised XF(B)Value(Bldg) 3,000 o Appraised OB(L)Value(Bldg) 0 Appraised Land Value 1d 21,300 �r° � .. . Special Land Value 0 2ND FAMILY...... - Total Appraised Card Value Total Appraised Parcel Value 159,800 Valuation Method: Cost/Market Valuation Net Totalpp arc ue Permit 223 issue Dare 7ype Description Amountnsp. ate 76tomp. vareComp. L.Omments vare areffiNgIrpos B33851 7/1/90 D 1/15/91 100 ElY DWELL. >." . lowarAw HEM WIN IF Use Goae vescnpaon Z one rontage ept nuu unit Fnce Tracrorla.i. c7actor o/. es- / ec cmg MEN EPP o an Oro Iana , Property Location: 25 FRANKLIN AVE MAP ID: 292/ 036/ Other ID: Bldg M 1 Card 1 of 1 Print Date:10/20/1998 ement LA 7.1eicnprionCommerew"EaMentenis tyle/ e 3 010111111 ElementDescription odel 1 esidential 29 e + + tame Type aths/Plumbing tones Stories Occupancy 0 eiling/Wail FGR 2 2 Exterior Wall 1 5 oncr/Cinder /o Common Wall 2 all Height Roof Structure Gablefflip of Cover 3 ph/F Gls/Cmp Interior Wall 1 Drywall o e escnpnon Factor 2 terior Floor 1 4 arpet omp ex 2 5Vinyl/Asphalt loot Ac it Location Heating Fuel 3 Gas Heating Type 5 Hot Water umber of Units C Type 1 None umber of Levels /o Ownership 38 SAS 38 Bedrooms 4 Bedrooms UBM Bathrooms 3 Bathrooms - 0 3 Full na�. ase FUS Total Rooms Room's ize Adj.Factor .93242 de(Q)Index .08 Bath Type dj.Base Rate .34 Kitchen Style ldg.Value New 45,745 ear Built 990 Year Built 990 Physcl Dep uncnI Obslnc n Obslnc peel.Cond.Code Code escri tion � ercen a peel Cond% emll%Cond.Jiuu 3 Bldg Value 135,500 Code Description 17B Un n: kce r. pr. vatue rep- , , Code Liescriprion Living Area Cyross AreaArea Un: s eprec. value - �r oor I,Z 1,29 23 , FGR ttached Garage 44 1 16. 7,44 FOP orch,Open,Finished 6 1 9.8 62 FUS pper Story,Finished 1,29 1,29 1,29 48.3 62,45 UBM asement,Unfinished 1,29 25 9.6 12,47 WDK oil Deck 4.5 2 toss N ease Area g Val. 145,74 Y SKETCH ADDENDUM -�. dorroweNcuent Guiseppe RiQaatuso Property Address 27 Franklin Ave. City Barnstable County Barnstable state MA zipcode nnni Lender Shawmut Bank Door - T 2 Car Garage Bedroom Bathroom Bedroom First Floor I ' _... : .__.._ Door Dot ir 134' Livingroom Kitchen Bathro Dining Laund y 38' Bedroom Bathroon Bedroom 11l , _ l l 1 Ba 1 coy FamilyDoofk 17 room I om Bedroom 9 2 - 402 # 419'rn 18 . I #22 y�� f 384 #� rG k #ass ' r 21 19 O'Zo?! #'3b #15 #3 #3 5 #44 - s 33 MAP 2 ` #40 349 �ffl 2 ` M�Y _ _ #31;Y 2J �/' #7 - ,; �,• #62 # 292 # ; 2 f #68 IE, Y 92 , #65 p - _ f 29 RIGATUSO N MAP 292 PARCEL 36 25 FRAN KLI N AVE. E SCALE I _ 110' H YA N N I S, MA s g:lbamldgnVigatuso.dgn Sep.29,1998 09:16:14 li It 17545 F s 203 0100061 EXHIEIT � ^yl BARWi D 6, _ 9 59 Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2003-61-Rigatuso Applicant Guiseppe Rigatuso - Property Address: 25 Franklin Avenue,Hyannis,MA Assessor's Map/Parcel• Map 292 Parcel 036 Zoning: Residential B-4 ; Groundwater Overlay: AP Aquifer Protection Overlay District Applicant: The applicant is Guiseppe Rigatuso,who resides at 25 Franklin Avenue,Hyannis,MA, Relief Requested: The applicant has applied for a Comprehensive Permit under the General Law of the Commonwealth of Massachusetts,Chapter 40B-§20-23 and in accordance with the General Ordinance of the Town of Barnstable Chapter III,Article LXV, "Pre-existing and Unpermitted Dwelling Units and for New Dwelling Units in Existing Structures," more commonlytermed the "Accessory-Affordable Housing Program." He wants to convert an accessory affordable unit at asingle-family owner-occupied residential dwelling in accordance with all the conditions.of this permit. The issuance of this Comprehensive Permit would allow for an owner-occupied single-family residence accessory affordable apartment within the single- family dwelling. Locus and Background: The property is a .21 acre lot that is developed with a 4-bedroom, 3-bathroom,4,508 square feet single- family,Colonial style home. The applicant has owned the property for 14 years. The proposed unit had previously been approved by the ZBA as a Family Apartment in November of 1998 through Appeal# 1998-124. Since the family member moved out, the applicant has been renting the unit off and on to friends. The applicant recently heard about Accessory Affordable Housing through a former participant and has come forward to convert the apartment into an affordable unit. The proposed accessory unit will be in the existing foot print of the family apartment which is in the basement of the main structure. It will be a two bedroom at approximately 1,292 square feet. The locus is in the AP Aquifer Protection Overlay District. Procedural Summary: This application for a Comprehensive Permit was filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised and notice was sent to all abutters in accordance with MGL Chapter 40A. The hearing ' was opened on June 4,2003,by the Hearing Officer,Gail Nightingale,who presided over the public hearing. Alsopresent was Paulette.-Theresa-McAuliffe,Accessory Affordable Housing Program Coordinator. Findings as to Standing and The Comprehensive Permit At the June 4,2003 hearing,the Hearing Officer made the following findings of fact: 1. The applicant is Guiseppe Rigatuso with an address of 25 Franklin Avenue, Hyannis,MA. Mr.Rigatuso has owned the property since October 12, 1989 as documented and recorded at the Registry of Deeds in Book 6923,page 344. He is requesting a Comprehensive Permit to convert a former family apartment into an affordable rental unit to be accessory to the single-family owner- occupied residential dwelling. The applicant has submitted a copy of a certified deed recorded at the Barnstable Registry of Deeds documenting his ownership of the property. In addition,he has submitted a certified plot plan dated November 15, 1990. 2. The applicant was issued a Project Eligibility(site approval) letter dated May 6,2003 from Kevin Shea,Director,Office of Community&Economic Development,qualifying the application for the Accessory Affordable Housing Program. The source of the subsidy is the federal Community Development Block Grant(CDBG)program. 3. The proposed rental unit will be approximately 1,292 square feet and will be a two-bedroom. It is located in the basement of the main structure. 4. According to the Assessor's record,there is a total of four bedrooms on the property. The property is in the AP Aquifer Protection Overlay District.The Public Health Division has: verified that the proposed property meets both the conditions of the State's Title V Environmental Code and local Board of Health requirements,plus,approved the septic system at the site for a total of five bedrooms as per the"Housing Amnesty/Public Health" Form dated May 6,2003. 5. The town of Barnstable completed an inspection of the property on February 16,2002. The inspection found that a window in the living room was broken;a handrail needs to be placed on the stairwell leading out of the unit;a smoke detector is needed in the common front hallway. It was also noted that the unit is not separately metered. The applicant is aware that a final inspection by the Building Division will be required and that the Building Division also has to perform all necessary inspections to assure that the unit meets applicable minimum state and local code requirements before he is issued an Amnesty Certificate of Participation. 6. On March 26,2003,the applicant signed an Accessory Affordable Housing(Amnesty) Program Affidavit agreeing to comply with the programs requirements,including owner occupancy of the principal dwelling unit and further agreeing to comply with the provisions set forth in Article LXV(65) of the Town Ordinances that include their signing and recording of the Regulatory Agreement&Declaration of Restrictive Covenants. The subsidizing agency has determined that the signing and recording of the regulatory agreement qualifies the applicant as a"limited dividend organization",as that term is used under M.G.L.c.40B 20-23. 7. Under Chapter 3,Article LXV(65),of the Town Ordinances,the affordable unit must be rented_ at an affordable rent to a person or family whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area( 4SA). 8. According to the Massachusetts Department of Housing and Community Development,as of October 1,2001,4.7% of the town's year-round housing stock qualified as affordable housing units. 7. The town has not reached the statutory minimum under M.G.L.c.40B 20-23 or its implementing x 2 regulations. Under the Town of Barnstable's Local Comprehensive Plan, the use of existing housing to create affordable units and the dispersal of these units throughout the town is encouraged. 9. Based upon the findings,the project 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. Ruling and Conditions: Based upon the findings,the applicant, Guiseppe Rigatuso,is granted a Comprehensive Permit to permit the conversion of an accessory apartment of 1,292 square feet to a single-family owner-occupied residential dwelling, subject to the following conditions: 1. The property owner shall occupy the principal dwelling as his year-round residence. 2. Occupancy of the affordable unit shall not exceed three adults Ora family of four. ), 3. This unit shall not be occupied by family member. 4. To meet the requirements of affordability,the applicant must rent the unit to a person or family whose income is 80%or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MBA),adjusted by household size. The monthly rent payable bya household inclusive of utilities shall not exceed 30% of the monthly household income of a household earning 80% of the median income,adjusted by household size. In the event that utilities are separately metered,the utilityallowance established bythe town of Barnstable shall be deducted from rent level so calculated. 5. All leases shall have a minimum term of one year. 6. Before the issuance of an occupancy permit for the accessory affordable unit,the building commissioner must determine that the unit meets state building and fire codes,plus,complies with applicable state on-site wastewater discharge requirements. 7. The applicant 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 Office of Community&Economic Development of the town of Barnstable as a qualified individual. The applicant will be required to,work with the town to provide information necessary to document that the tenant(s) qualify. To insure that the unit is rented in an open and fair basis to an income eligible individual or family,the unit must be listed with the town whenever a vacancy occurs. Also, the applicant must notify the Office of Community&Economic Development of a vacancy whenever it occurs. 8. Every twelve months the applicant shall review the income eligibility of those individuals occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit the applicant shall file with the Office of Community&Economic Development of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant(s) of the unit. The applicant shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this permit are not being upheld,the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 3 9. The Accessory Affordable Unit shall be affordable in perpetuity(as affordable is defined herein) unless this Comprehensive Permit is rendered void. 10. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred, the town of Barnstable shall be notified within 60 days the name and address of the new owner. 11. All parking for the dwelling and accessory unit shall be accommodated on site,and no lodging shall be permitted on site for the duration of this Comprehensive'Permit. 12. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. Transmission of the Decision of the Hearing Officer to the Barnstable Zoning Board of Appeals In accordance with Part H,Section 4.02 and Part III,Section 3.72 of the Town of Barnstable Administrative Code,the hearing officer transmitted her written decision to the Zoning Board of Appeals on April 23,2003, and fourteen days having elapsed since said transmittal with the Zoning Board of Appeals taking no action to reverse the decision,this decision becomes the decision for this Comprehensive Permit application. Ordered: Comprehensive Permit 2003-61 has been granted with conditions. Appeals of this decision,if any,shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A,Section 17,within twenty(20)days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL Chapter 40B,Section 22. ki bi-3 N ightingale, aring icer Date Signed I, Hutchennder,Clerk of the Town of Barnstable,Barnstable County,Massachus�t�s,A certify that twenty(20) days have elapsed since the Zoning Board of Appeals filed this ceio :. no appeal of the decision has een file the office of the Town Clerk. i'u Signed and sealed this O of v er the pains and P., y +0 • Linda Hutchenrider,Town Clerk BARNSTABLE REGISTRY OF DEEDS 4 r CFtHE tpf,_ � . . ; The Town of Barnstable v� ,6 9. Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner September 27, 1999 Mr.Pino Rigatuso 25 Franklin Avenue Hyannis,MA 02601 Dear Mr.Rigatuso: .. Your request to keep your masonry business at 25 Franklin Avenue is not in compliance with zoning and cannot be approved. Section 4-4.1,L and N do not allow a lettered commercial truck nor a yellow pages ad with your address used. It is my opinion that in order to operate,you would have to come into compliance with these sections of our ordinance. Should you choose to`appeal this,we will be more than happy to assist you. Sincerely, Ralph M.Crossen Building Commissioner RMC/km cc: Jennifer Esmel g990927a i• �qq,7 s ELUS'RALPHr46 Bakers Pond•Rd Den FITZPATRICK LARRY A 362 6040 `' _ 117 W Yarmth Rd YarmlhPd GONSALVES CRAIG MASON CONTRACTOR CR COMM ERCIAL.&RESIDEN IAL a' BRICK;ROCK,OR.BLOC I learn row to g i � • EPAIR&INSTALL,WE.DO IT ALL,, ha et NAL FR ep aces e Steps•Walks•Patios a . o trtcrease eoafld A TONg &$RICK F�"I � Concrete Floors•Stone WOrk_ to do great m sdwot - art �� y = r ,t Licensed&Insured ss.o,BurW Se8 Esteee� � �,� �MASONRY., v i��•394-8635 L,, for success m,Mcyx� t�s r G: a" it qT 113 Setucket Rd S Den t �( 0 Strengthen Value6- ptEP6kFNC68 AV u►sr Eli Soutb �h + GONSALVES JOHN JR&SONS' •: such as m x a� ` , F.Bel g 398 3845' y �a n 127 Baxter SDen -- sM`�►:.: vpNs'Mt�" - "` 'Grazul Masonry construction"'-7 r s n ry;,.2084' 0 ¢. eeTriei:ieslaos� f -- See our his_Page`1�428.89 9 2064 Main Marstns Mls.. „6 a 1 41 .GREGOIRE FRANK MASON CONTRACTOR w "• r 4 • • 134 Center Yarmth¢rt —362 7188N wer Mall Centerville• R, Guglielmo Tony r ; "'"" 3 • • • • •}_ See Our Display Ad This Page 394-1121 1 .,+ irt� r a • . • 6 Upton Rd Yar w _ 6 fOR AIN AND _ •, Hayes Robert ComPaTh r See Dur.Display Ad 20 2418, dI s w ° Call 477-0119, +' tuso MacDonald Eugene&`'Son Maslspee: • Plno Rlga y _$LONDIN MA a6 Artssan Wy sand 0. aaaz v 3ONRY McNaught Masonry t ,, s ri Y t,s, �'!�•L!at • eft°` r r► Pete's.Masonary So Captain Studley Rd Mersin Mis ,t a20 la3a i. �Ft1�a ,at Euro Ban u ! ? �ERVWG THE EPIT6iE CAPE QualityMasonry Masonlry ' ARTISTIC See Our DaP�Y This a77.2551 t ifsl<n}rl i wE St iR i 7' Mashpee Ma t INNOVATION IN' �R,xatuau Plgo }lo•Ttle cst . See Our Display Ad Thls Pam r, _:STONE`Wl1LLS } 125 Franau,AY Hr.-- aDD9 i�66 carondo Club of st Caperuid Cad �^� r{SSoone+Marble STEPS'.&'WALKS Soot Bus4ers .'t s + .- .tw L 3 ea a. ,h�`t�` ally a chndren `'.. Chimney Flreplac �W„..-A ys: ,AT,� BLOCFIREPLACESONS s� ,,THff2 anT�e r s als`—=----424314 -a•sh+clude Free Uniform.:: 1 •rBIOCICi FOUndaUOns L { Winters Masonry s .1 , e " sell Confidence BIH& Ovens ,. CHIMNEYS t i steam ,„� : k`.UD 4`fGralltte See Our Display Ad This Page n t c 457.4258 5, •Self Defense Steps• obbestones• � r BOBCAT'.SERVICE 52G,ftordlal ] So.Yermouth r ` 1port'c.,,,.. �_ � 9,• 398-1448' 351YearS International Fxperience CELLARS UNDER EXISTING HOMES N�oB CORtrBCtB�+ P 5��, ,r pp'�� r c.• >u � + .{NSU I FREE ESTIMATES ti 't J�., r?' :s28 Rt 28:. , 'z f FUliylruur ,T, fir ni 3r- v4 ti _.:428-0033 't.t k i i S.r f sx d SL"�`` r v u ti `� f at7s a S MnlS.. s, Cape'Cod Stone&Masonry F r� t r„.Centerville. tea a Tu��, Ip 79D4723 i9 a f�, . MARSTON AdThsaPage.. 1 SeeAur Display 240.5700 'g 398-0418 "}T '" H an^Is,s !% ? fr: er•6Aod—s— p a' n �» a:28--Center Place Bid-, y DRYWALL MASONRY SUPPLIES ING y + 07FIRST-WEYE'GCALLUS TONY EVERYTHING YOU NEEDI WMC16 44 G BR°InC-&Ks _f t BRICK-NEW&USED* VIN f a a 1 1 m0 1r FLAT WALL STONE*FLAGSTONE j 1�9 :�i:BWESTONE itFIREPLACE SUPPLIES V S � t{ e t r q BRICK ONE `` *snrrD _q Ad Page 226�:ra 3},�#IfF�k As LISI< *GLASS BLOCKS ____--a32aa5 r ] € SPECIAL �4 ` 398.4100 Guang'Ping Yang School 428-0290 277 White's Path S Yar— CO C'= A CRAFTSMAN TRAINED a .. • HARWICH CONCRETE BLOCK FU TRAINING CENTER , r `Sp®Ciahting In ;t# IN EUROPE.. T' cape cod's Masonry `Since 1969 , uf. Landscap®Masonry ,ar L TYPES.:oF MASONRY } ` Paving Brick Bluestone s •f � " 7712620' SLATE,STONE&BRICK FIREPLACES; Vero g wa3sta,e t 477-4600 iadHyannw------ ,• Rt 130 Mash R�.,,. +,. • l ProfeSSlonaLStone;Masons CHIMNEYS,R. AINING�WALLS a Way�n 4 8881211 + f_ PLYMOUTH QUARRIES INC Stone Walls. TeiTace PATIOS,WALKS,STAIRS teau Bkd Boume 5fi3=1112. Yrrx c - t FULLY,'INSURED; Sea AdvertlaemenrAt yYone IVatufei 54f3.9353 Retaining:•Free Standing a�1 Rt 53 Hinghe-i_ --= 781335.3686 sta court Falmouni —=— Walks&Patios 811ie'Stone•Granl.R' °? tm_Mashpee--,, a77 4872 BricK&C.otiblestone, Edging° 'y; ` ,,OV ER 35 YEARVIt' r1,3a itu�7Sra�n!i.a{n,?g�ct ek nter1::;r,,••�,,.,•,771262-•0y- .J;,,- _ , �;6. ���� • onr•-C&A.E.COtt� FeeEstimates.Estimates..,! YARMOUT Igo,RD utt s Mills 0264MantonP.O.Box 767,420 2418 •r� �. •, . y tMdTS,&$iBnCit$UpIS v, s. s> rf: ORLEAN y 4 A S, qqqq9 •BOiJLDERS.FOR ROCK i AC,I'lllaCtOrB WINTERS_ a�::: Artn WA1HR GARnFP1S ' '. •WEATHERED_WALL ; RW w CALL THEyPR051NC AND-.EnWLACS STONE t a a i •Mick Foundations •PaUOS, ;, ..MSTORIC SEAWALd.' 1 ttgn All Phases.Af Masonryy s s •-. •Brick.Steps -Fireplaces.• GBAIVITFS;COBBLES; t 8tonei-:Csnerete,Or Blocks F .• ES €' •Walkways , „ , •Stonework CURBINGS,H>;AxTHr>EC • • + z '�' www,capecodstone.com'" �' " S37-Years Expe�fence^ ,if 1 s Free Estimate ] 1 i�rred1Fr stlmatei 1 t 240-5700 +{ { ' 563 7584 t a) :1: _Fully Licensed. 300 Route eA.Orleans.; ti ,, �} ahaaulh Ma a t• ~ &Insured s�uo;of'94 Q[apt fad _� I i� AiIOLD L CO INC 40l6sres Rd'Fal, 548-0727 t { g t MA Reg*121533 Stone&Rriclt Eager"Gaila t�f qy, g GFMasonry. + lay Ad This Page r e Pmd Rd Marstris MIS""—'-- "428 003 a ' t Ij 8 f ►Masquerade Coshlma :� _ ..,r cr,amoe�! •s ` tCAII TON Ffree :a See'Costumes-Masquerade&Theatncal a CIS-2(7 )20e' 3 a REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATd1ZY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS,is made this 1 It- day of `7`1 M ut,$i- ,2003,by and between Guiseppe Rigatuso of 25 Franklin Avenue, Hyannis,MA 02601,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/'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 25 Franklin Avenue, Hyannis,MA,as further described in Exhibit"A"hereto annexed. B. The Project located at 25 Franklin Avenue,Hyannis,MA will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family(the"Designated Affordable Unit" or the"Unit"). C: The Owner agrees to construct the Project in accordance with the terms of the comprehensive permit, Appeal No. 2003-61 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 terns of the comprehensive permit. H. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A- THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons of low income (herein defined as 80% or less of the median income of Barnstable- Yarmouth Metropolitan Statistical Area(MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuityto 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(NSA) and that rent(including utilities) shall not exceed the rents established by the Department of Housing and Urban Development (HUD) for a household whose income is 80%of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authority shall be deducted from HUD's rent level. 3. The Designated Affordable Unit will be retained as permanent,year round rental dwelling units with at least one-year leases. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5. The execution and performance of this Agreement by the Owner will not violate or,as applicable,has not violated any provision of law,rule or regulation,or any order of any court or other agency or governmental body,and will not violate or,as applicable,has not violated any provision of any indenture,agreement,mortgage, mortgage note,or other instrument to which the Owner is a party or by which it or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear marketable title to ? the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental- instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against'or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. 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 G 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 Bamstable-Yarmouth Metropolitan Statistical Area(MSA) and that rent(including utilities) shall not exceed the rents established by the Department of Housing and Urban Development(HUD) for a household whose income is 80% of the median income of Barnstable-Yarmouth Metropolitan Statistical Area. In the event that utilities are separately metered, the utility allowance established by the Barnstable Housing Authority shall be deducted from HUD's rent level. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,-as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30),days of the date that a tenant has vacated the Designated Affordable Unit. IV. MUNICIPALITY GOVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to , perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household. with a maximum income of 80% or less of the Area Median Income(AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA)'and that rent(including utilities) shall not exceed the rents establishedbythe 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. 4 - V: RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto with the Registry District of the Barnstable. 2 n Bk 17545 Ps 198 a1�a�061 Land Court(collectively hereinafter the"Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument,book and page or registration number of the Agreement. VI GOVERNING OF AGREEMENT: This Agreement shall be governed bythe laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a parry may from time to time designate by written notice. IX HOLD HARNII.ESS: The Owner hereby agrees to indemnify and hold harmless Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorney's fees necessitated by such actions. X ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties,and appended to this document. B. This Agreement and all of the covenants,agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be,and by these presents are,granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184,Section 26 which shall run with the land described in Exhibit"A"hereto annexed and shall be binding upon the Owner and all successors in title . This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in Exhibit"A". XI. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terns and restrictions imposed herein. Such cancellation shall onlytake effect after. 1)expiration of the lease tears 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 maybe,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 XII. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants ninning 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 merelypersonal 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. 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 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 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 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. �y IN WITNESS WHEREOF,we hereunto set our hands and seals this UlVay of A-we� 200.3 OWNER BYJ�s , 4 : a S Printed: Guise1212e Rigatuso TOWN BARNSTABLE BY: S� Printed:Jo C,Klimm,Town Manager 4 E}1-z 17545 Ps200 0100061 COMMONWEALTH OF MASSACHUSETTS Coimtyof Barnstable,ss: 11 ,2003 Then personally appeared the above-named w 446,F2_9 'as OWNER and acknowledged the foregoing instrument to be his/her free act and deed,be ore me. Notary Public ftINUUMONAMM Printed: II �aot 'rfr My Commis -, 4t) COMMONWEALTH OF MASSACHUSETTS ColIntyof Barnstabl ss: 200,3 Then personally appeared the above-named Town Manager for the Town of Barnstable and acknowledged the foregoing instrument to be his/her free act and deed,before Notary Publicswrtee K 0afdey N06Y pAft - Printed: CoMMMMOM Of Anadw imb My co P E g r ,�,'• i .5e� • 5 _ y .# ,,4wwa a W ^, .: o tX Orr k,-+: w a , �s x � _ e., " pffi'� .<< r ,: ;�. .� �-�- �,. „ ��. ,,,v' "' �-�`"» '�• + ' ' �,. ,- z fin,�<�� , ry s >4 e. s a , yam. i r a � . , r E „ u , r. � �►' � w MW OK 7*1 s • ��, ^ -"- a,. r 3 l �.. _ sJ .' e'i+• ZZ At lid J If I y t 1 1_ `Y= • Ali T G• III \ -r #' /' � -•.,�c 1� ._�aa',"� ' �"r+�,.�t, 1• j OU � ! �•� r #r�L' +l',.y��l` +=fin .� +�. 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The Town of Barnstable * BAMSrABLE, + 9� 6 ,.�' Office of Community and Economic Development QED MA'I 230 South Street Hyannis,MA 02601 Kevin Shea Office: 508-862-4678 Director Fax: 508-862-4182 March 27,2003 Mr.John C.Klimm, Town Manager Gary Blazis,President iL.s; Barnstable Town Council ,,,cr,-i 2 Barnstable Town Hall /7/10367 Main Street ( Hyannis,MA 02601 Re: Guiseppe Rigatuso,25 Franklin Avenue,Hyannis - a single-family accessory unit r Gentlemen: This letter is to inform you that the Accessory Affordable Housing (Amnesty) Program has received a request(s) for a project eligibility letter(s) under the Community Development Block Grant (CDBG) Fund and under the General Ordinances of the Town of Barnstable,Article LXV- Pre- existing&Unpernutted Dwellings and the Criteria for the Local Chapter 40B Program. The Amnesty Program is reviewing the request(s). If the Town has anycomments on the project(s), please forward them tome so that they can be addressed in the site approval letter. This letter gives you official notice of our receipt of the above application(s). We will issue a decision as to the acceptability of the site(s) and the consistency of this development within the guidelines of CDBG. Since el , Kevin Shea,Director Community&Economic Development cc: Town Attorneys Office Barnstable Housing Authority FBuildingDepartment Public Health Department x File:Q:CommDev/PT/AMS/REQLETTR.doc ;r. JENNIFER S. ESMEL Attorney At Law 477 Main Street Post Office Box 323 Yarmouth Port, Massachusetts 02675 Tel. or Fax: (508) 362-8819 October 20, 1999 Ralph Crossen, Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: 25 Franklin Street, Hyannis Dear Mr. Crossen, Enclosed please find Affidavit of Pino Rigatuso and Home Occupation Registration. Thank you for your cooperation in this matter. Sincerely, J 'fer S. Esmel, Esq. JSE/bjp Cc: Pino Rigatusso build.Conun.10-20-99 k f w` ,P h Affidavit of Pino Rigatuso I, Pino Rigatuso of 25 Franklin Ave, Hyannis, MA under oath depose and state as follows: 1. I am the owner of the property known as 25 Franklin Ave, Hyannis, MA. On or about July 6, my son vacated the family apartment located at 25 Franklin Ave. I restored the property to a single family dwelling on or about September 1999. I intend to use the property as a single family dwelling. I do not intend to rent the former family apartment to any unrelated person(s). I understand that in the event I wish to rent the former family apartment to family members, that I must first apply for a Special Permit. Signed under the pains and penalties of perjury-this,26 day of October- 1999. Pino Afgaiuso A °F THE 4 The Town of Barnstable BMWSTMM Department of Health, Safety.and Environmental Services 'OrECMa'�°i Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner August 31, 1999 Mr. Pino Rigatuso 25 Franklin Avenue Hyannis,MA 02601 Re: 25 Franklin Avenue, Hyannis 292 036 Dear Property Owner: We are sorry you have chosen not to cooperate with this office in restoring the above- referenced property to a single-family dwelling. Since you do not want to comply to the Zoning Board of Appeals, we are forced to file a complaint in District Court. Sincerely, loria M. Urenas ZONING ENFORCEMENT OFFICER GMU/lb - r - q:forms:zoningl oFTMtar � The Town of Barnstable Department of Health, Safety and Environmental Services 9qMARNWA1= 0 Building Division �1er 059. ��0 367 Main Street,Hyannis MA 02601 Ep MlA'� Office: 508-790-6227 . Ralph M.Crossen Fax: 508-790-6230 Building Commissioner Home Occupation Registration Date: 7/16/99 Name: Pino Rigatuso Phone#: 508-790-2723 „} �> Hyannis Address 25-Franklin- Ave,. _ Type of Business: , _ M a's o n r y Map/Lot. 2 9 2/0 3 6 INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4-1.4 of the Zoning ordinance,provided that the activity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor,no visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes;and no increase in air or groundwater pollution. After registration with the Building Inspector,a customary home_ occupation shall be permitted as of right subject to the following conditions: • The activity is carried on by the permanent resident of a single family residential dwelling unit,located within that dwelling unit. • Such use occupies no more than 400 square feet of space. • There are no external alterations to the dwelling which are not customary in residential buildings,and there is no outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. • The use does not involve the production of offensive noise,vibration,smoke,dust or other particular - matter,odors,electrical disturbance,heat,glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities. • Any need for parking generated by such use shah be met on the same lot containing the Customary Home' Occupation,and not with n the real iced front yard. • There is no exterior storage or display of materials or equipment. • There is no commercial vehicles related to the Customary Home Occupation,other than one van or one pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. • No person shall be employed in the Customary Home Occupation who is not a permanent resident of the .dwelling unit. I,the undersigned,have read and agree with the above restrictions for my home occupation I am registering. Applicant: Date: 7/16/9 9 ,Jno Rigatuso Homeoc.doc . i °F WE tp� E 'i�°� The Town of Barnstable a Department of Health Safety and Environmental Services iOrEo��s Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner June 30, 1999 Mr.Pino Rigatuso 25 Franklin Avenue Hyannis MA 02601 RE: 25 Franklin Avenue(Map#292/Parcei#036) Dear Property Owner: Our records indicate that your house at 25 Franklin Avenue is currently being used as a 2-family home contrary to Barnstable Zoning Bylaws. You must contact this office as soon as possible to either: r� 1) apply for a building permit to restore the property to a single-family home. 2) apply to the Zoning Board of Appeals for a variance. 3) prove that this is a legal 2-family home. Sincerely, Gloria M.Urenas ZONING ENFORCEMENT OFFICER GMU/kl fomis:g990630a oFIKE BARN&rABL& •` ptEDNA A � The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner August 4, 1998 Mr.Guiseppe Regatuso 25 Franklin Avenue Hyannis MA 02601 RE: 25 Franklin Avenue(Map#292/Parcel#M Dear Property Owner: Our records indicate that your house at 25 Franklin Avenue,MA,is currently being used as a multi-family home contrary to Barnstable Zoning Ordinances. You must contact this office as soon as possible to either: 1) apply for a building permit to restore the property to a single-family home 2) apply to the Zoning Board of Appeals for a variance 3) prove that this is a legal multi-family You must contact this office immediately to tell us what direction you wish to take. Sincerely, Gloria M.Urenas Zoning Enforcement Officer GMU:kl f980804a Town of Barnstable Building Department Complaint/Inquiry Report Dale: / —,-�r 9 Rec'd by: Assessor's No.: 4 j Complaint Name: Location Address: M/P Originator Naine: Street: Village: State: Zip: Telephone: D/E Complaint Description: Inquiry Description: For Office Use Only Inspector's Action/Comments Date: _ /6 �G Inspector. Follow-up Action Additional Info. Attached Copy Distribution: White-Department File I ellow-Inspector Pink-Inspector(Return to Office Manager) SEPTIC SYSTEM MUST BE Assessor's office(1st Floor): INSTALLED IN COMPLIANC TWE Assessor's map and lot number WITH TRLE 5 ` TO`p Board of Health(3rd floor): Sewage Permit number -:" 8�-h ENVIRONMENTAL CODE LE Engineering Department(3rd floor): /� "d t-TOWN REGULATIONS ,,o°fib s House number ff Definitive Plan Approved by.Planning Board 19 �O���° APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2: 0 P.M.only , g—3-90 TOWN .. OF BARN TABLE S BUILDING, INSPECTOR CC APPLICATION FOR PERMIT TO 01 L o�" JTD� 1e— A-!?4 L y; r TYPE OF CONSTRUCTION j006 50"4-7 F 19 TO THE INSFrCTOR OF BUILDINGS: The undersigri'�'d hereby applies for a permit according to the following information: Location Z—aD 7— CS /S. Proposed Use � - Zoning District ' `• Fire District 4 w�� S. Name of Owner �1 u6tepP/L �G/� �USD Address Name of Builder U/�/►')F Address r RO1/P�k—�Q�✓`yl `sZ�nJ Name of Architect Address Number of Rooms � Foundation Exterior CtI-6060616 ( jd,?fCe� ®P7' l44-) Roofing / 7SP��ILTt�J� 6/lIL3L� 5 Floors ConJc�P���S/�I� /GtIU©� � Interior 61-1 P-A�TeOe-K Heating >//b 7" U117`I� Plumbing fi VC. �0� L� 00 Fireplace 1 �),,Is0A)k Approximate Cost 2 5 ory Area 1 73 Diagram of Lot and Building with Dimensions / spy yy� Zz oO Fee O7-2 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 vv � Construction Supervisor's License RIGATUSO, GIUSEPPE a k No 34067 Permit For Build 2 Story ` 'Single Family dwelling {re Location Lot #51 , 25 Franklin Hyannis Owner. Giuseppe Rigatuso Type of Construction Frame Plot Lot Permit Granted ` November 19 , 19 90 Date of Inspection 19 / D�to �p e'd; G��l 19 r• is M1 ! +P+y�4cc t3 f.• 1 s M n� ' �Vy ♦L) _ i S M ,-• �•�'✓i...�*ase:..a,;:;d N -r. :{ :0.a:J., ,. .:-�.. �1it:•Y• s`.°ar. 3'pF%`+-"Y�a�.ivrv....,r-r. .d'GLa,`:+<+davr:.taPdU�` xFi:;j,.`; #' :+=a.:'4 r'+Y. v .;,g.•.�..r,�y;:r•• b Assessor's office(1st Floor): }� ; Assessor's map and.lot number 1 �o� 03, Board of Health(3rd•floor): Till, r �Sewage-Permit number /�` � 7�� _ y Engineering Department(3rd4loor): 1• C s) 9 ' uaea, House'number ) 1 o° 163,9 \off' De fin itive�Plan,Approved by Planning Board :l/? �5� %i ik A)-W, 19 R P �Fo nar_a APPLICATIONS PROCESSED 8:30-9:30 A.M. and 1:00-2:00 P.M.only 7/ //GGC E. '� �—3-;FQ BM.WM .jN. SPECTOR APPLICATION FOR PERMIT TO 811I L <�,_4 Le- A-�IILL, TYPE OF CONSTRUCTION I� („J �J oo 8"�/'�./�'?Fez 19 q I) TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to theJollowing information: Location Z_0 T5 ^� rfr�' d�l� ��% � .r� .� ,i1t '' �.•.� Proposed Use, Zoning District 1 ��� � � Fire District Name d, t �%x . ' 1 !GGf.S., Address of Owner A in+ Name of Builder tJ: } �' �:: rL �' ': Addressltf✓�il'� .Name of Architect' Address Number of Rooms Foundation - Exterior Roofing '� (\1 � t-7 '14 4AA��� t Floors Y�f<�C��;�1 a� .)/:,Ax'_`S !j�Joo�' � `�� �1L --Interior pG r tf T V /, Heating �. �' Plumbing �• t Fireplace iR 'r%Ar�'- 4 � � "Approximate Cost Area Diagram of Lot and Building with Dimensions Fee . . �1,L�'(,ot�'}",��•�- ��f f�tj,�,.• ,���.,'.� l'��u�1J� f,�'�.-p�'ig�d �/1..,�, t;�'p�a� , 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. ji r -' P ) n. (Name J e ice` Construction Supervisor's'Licerise RIGATUSO, GIUSEPPE ` A=292-036 No 3 4 0 6.1 Permit For Two Store Single Family Dwelling Location I,ot #51 , 25 Franklin street Hyannis Type of Construction Frame ` Plot Lot Permit Granted November 19 19 `a 0 Date of Inspection 19 Date Completed, 19 PERIMH COMPLETED 1/1/R1 i ,-4 / COO" r Cv 11` ���g3.O�IN. I WlNoow SoNeaute. I I 0twr bLj-"In SIZE R-u.oFWI.X, 14c1oar . 0 A ANx.a.N vun.Y N.wo..N��ua.u.N .2451 N nit—S'r, —W&,a ._... I a A4S.4 TuIN 'f!AXr i:k 11 .. N ,� II ..A f C 442 A r cF,�` _ a aoale ,�'A1r�'Ih ?t f J n 4 A6V.l7ul x.Ar N ANeaaamN ns.nwr ABAo ,z'8 ISa fur --- -- - I "Cdz Sp�r1110— &ARA6f- Ic. Cl Ix 8 FA1c'Azx6@l(oO. .STnas Soli Nf 19 F.G.YNsuLt Tv Vr NT( YAL.SOFFIIr x �X SIIfAT71lNb �n i I I°; T HfiA'z—MIN. I TYVHK hI's4WRAP I �I DAszit [,MENT I a n�cvuLaRra I 11 LOT Sl Ccy,yp 50m6 /�fjJiJZ(jq '�_y"T+G at. FLOORT ws I I � I'3O F.G.=NSONTION �LoTS.) k "1 I I I oy -�—;� SNCCTRoGK � I Pica FIRST Fccot I -- ------------ PORTCAND CCNF, y qMf• ` Zx6pTsx4p Sr 'may I i PAaww,a 7xxxhLN/ , ' f' @Fm.NsaTIONTA1TlAy U N I , EXCA VATED I S �y'TiIICKCoNcwra SIAaCa W"RLMe.tN N4M/ - �cIN FORct MCNT I I I /lox>G I I-- --- ---- ------� U U.NCXCAVATa .21ZO . PEarmaA ryaM N' d B TNxx cmNca.TLfyND.T�oN P.S.I.ltlO.) + I r OU N➢ATI ON PLA IN ti 'PIJnPacDa PNu ;•; — —_ -Lcuusrw - B TiIICKx IB"W�D�CmN[xnr6F„N�s[o P.iz.illu� .—_ �"=I' . • CoMiN.µ'8[co.-FIN�:�y GR•DE �.I ASCMCNT WA[c SAME SAf.C,S.(W IIcADRmM F/J.ANAWN AVENUE UNDC4 �y-'O DacxF—MAx. ) ' a: PLAT PLAN TyPIGAL SECT,0iN KIGATUSZO HOUSE s I 27 FRANWL/N AVE. 4 HYANN),S MA 1 1 - ` .#n z0'o S'Y LNfRY L I 4 i I� r D II>• !• n li ' Im � a n GARAGE o CoNc,ez�E SLA5 S"f'Fd UP ' 7 e I, m I F— u Laa FIRS, FLaaR �� UP t W. FJ TRr 16 4Ui o V F �k �O KITCHEN f BEDROOM 2 I ly In Q. 2r I 71 LAUNDRY P`" ..o• Nr w..-n. � �DRYIR) �WASNLR�� nU �^. e1 •\ • tW I� SNO•+LQ oa w GS , 1 SN¢✓+ROC II`� • `O �b 1.L �Ll ~ PIYIS j o y O. 10 � 0 lip 4NL eF JNB '�� Io'1 yrg G 10 P1`J a ID y yq b QJ �P • Of LIVING Room a,'-, BEDROOM 1 IJ' C.—all JLA3 CW<xF1E scA.d 0 � V I A A 38 53 FRONr Sroop ¢'o 3Y'o c D C tw of O T O C H to — _ 1 ,yRY+, kII F a SECOND j �I I it oOR i DowN Mho It 3; 11 IL .} IAA rt U 4 u 4 F; ti p DCD OOM 3 1 PLnr Rooro z I �� Douou a•o _ _ _ 52 lAF` - ' n oPar✓W FaiRw -- - -- — SNOwCR w �Iv O !.+ (xFiw ix)• 3NEtr.wOD K - u z ' G o 7H G o� {'o -� STu DY y BEDROOM tl' �e 4 o 5 4' C "fi G rV ' 6N1Y '1 S' µ_ 16 s $y $'3 5_ secwa Ftuve CAONi YfAC� �'o 31V2 i 0 r , F . �ITM[>, TOWN OF BARNSTABLE .Permit No...31.067 . BUILDING DEPARTMENT Cash TOWN OFFICE BUILDING i679. � 9�eoTM HYANNIS,MASS.02601 Bond ................ CERTIFICATE OF USE AND OCCUPANCY Issued to Giuseppe Rigatuso Address Lot #51, 25 Franklin Street ✓ . . Hyannis, Mass. USE GROUP FIRE GRADING O.CCUP'ANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING..SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE.BU:ILD.ING INSPECTOR UPON ,"SATISFACTORY'COMPLIANCE WITH`-TOWN ; REQUIREMENTS'AND IN ACCORDANCE WITH'SECTION''119.0 OF THE`MASSACHUSETTS'STATE BUILDING CODE.' "," z'� ` December.'14� 19. 90 1� ........ -�-' . Bui ding Inspector �'4,y...a.� v-y ✓"� . � $✓.+'4'�-�y�•=�,�k;'L,�.3�Iu rw.--, si.y� � '0..w.c•-:+tia.:--- .r mow'l.•,.•-r-.- `�—.^v^t'."..-�,.:. y �F INC 3 TOWN OF BARNSTABLE Permit No..... . .4067........ i �. BUILDING DEPARTMENT Cash ,($240. 00) .... TOWN OFFICE BUILDING "' HYANNIS,MASS.02601 Bond CERTIFICATE OF USE AND OCCUPANCY Issued to Giuseppe Rigatuso Address Lot #51, 251Franklin Street Hyannis, Mass. USE GROUP ° p, FIRE GRADING,' OCCUPANCY LOAD THIS. PERMIT WILL NO E,VALID,,AND THE BUILDING SHALL' NOT BE'OCCUPIED, UNTIL . SIGNED BY THE BUILDING INSPECTOR UPON. SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND IN"ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE:' December 14, 19 90 .. ~'` ";'". Building Inspector I 'j '77-4 ..'.ill.?', ^1L.q..T ..�e:!F'n'^TI 4�`.'^'.,.� >S 777,77 STABLE, MASSACHUSETTS B U i L6 CPE R M I' 36 DATE November 13, 19A0 PERMIT NO.NY a'S�FQfp ANT Owner ADDRESS Li ct ed Rpinw #Owner .t (NO.) (STREET) (.CO.NTR'S LICENSE) JA RMIT TO Buila Dwelling ( 2 ) STORY Single Family DWellirt_ Q NUMBER 01 UNITS (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) T (LOCATION) Z0t #51 25 �'}^p'tklj n C+ ,- ZONING N anniS(NO ) (sTREEi) � � DISTRFC.T�.•B ETWEEN AND (F (CROSS STREET) - (CROSS STREET) SUBDJVISION LOT LOT BLOCK SIZE BUILDING IS TO BE FT, WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL-CONFORM IN CONSTRUCTIC Ir TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE)' REMARKS: Sewage !1 e �90-348 _> Giusepee Rigatuso =a4o,00) AREA OR VOLUME _ 1.732 sCti ft. ESTIMATED COST S40, 000•oo- PERMIT 2 J�38.• CC U / (CBIC/SQUARE FEET) - -) FEE. - OWNER Giuseppe. ,'R]gatuS.O ADDRESS Bra or St�reet ProvincetoWT1 BUILDING DE PT. BY MEN NSF PUBLIC WORKS. THE IS9UANCEOF THI'S~PERMIT DOES NOT RELEASE THE APPLICANT FROM THE 3CONDITION OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB 7E83EEN RE APPLICABLE SEPARATE INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK:. CARD KEPT POSTED UNTIL FINAL INSPECTION HMITS ARE REQUIRED FOR I. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCHANICAL INSTALBLIATIONS.D2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL.NOTBE OCCUPIE MEMBERS(READY TO LATH). - 3. FINAL INSPECTION BEFORE FINAL INSPECTION HAS BEEN MADE. OCCUPANCY. _ POST THIS CARD SO IT IS VISIBLE FROM STREET . BUILDING INSPECTION APPROVALS PLUMBING (INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS O.V�1, T l� Jule ✓- 2$- C) 2 --- 2 na �", l. Plgr , 2 /�/ 3 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT (/' I cep J��- �3 13-<o 13 AR F HEALTH J OTHER SITE PLAN REVIEW APPROVAL ,TT4 j� WORK SHALL NOT PROCEED UNTIL THE INSPEC- PERMIT 'W!LL BECOME NULL AND VOID IF CONSTRUCTION TOR HAS APPROVED THE VARIODUS STAGES OF WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE INSPECTIONS INDICATED ON THIS CARD CAN BE CONSTRUCTION. ARRANGED FOR BY TELEPHONE OR WRITTEN. PERMIT iS ISSUED AS NOTED ABOVE. NOTIFICATION. ;,/ Assessor's office(1 st Floor): �Gfm2 Assessor's map and lot number /4 ?SOS 7N E?o`` Board of Health(3rd floor): = d� Sewage Permit number Z DAHE97sDLL Engineering Department(3rd floor): a"& House number S °o i630- Definitive Plan Approved by Planning Board Q.wLeumkV9 Q C a rXr W. APPLICATIONS PROCESSED 8:30-9:30 A.M.an -2:00 P. .only �L +/ TOWN OF BARNS ABLE BUILDING - INSPECTOR APPLICATION FOR PERMIT TO le Cl Li e.C��1•�/ej TYPE OF CONSTRUCTION to TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the follow'ing information: /+ Location 1 o T 54 E K A 1�1-1 L l h/, ,;. L lo A rA �Key Proposed Use„ 1 6 . t C � Zoning District �� �� Fire District f"1 Y Is%�+ it/ Name of Owner__C 1 U S P P 9 IZ 614 "J SO Address /j' d IQo ine d,!1 S T Name of Builder /7` �� Address 1�� 0 V /Ala T'� Gr/'/✓•4' Name of Architect Address Number of Rooms � Foundation � � Exterior r �- l�O � is t+i 1 C !C 92 I��tol�L Roofing P 104 S ht If C. k Floors CAN C 16 Ti S L A a WOO nterior S � f Heating �L� L4/' /^��t Plumbing 7 1/ �' u k/` �,C o Peen S U19ez Y. aA � Fireplace Al Ilk a A '1 Approximate Cost Area Diagram of Lot and Building with Dimensions Fee P� co M 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 Construction Supervisor's License RIGATUSO, GIUSEPPE k 33851 Demolish No Permit For Single .Family Dwelling -` C., Location 25 Franklin Street Hyannis } Owner Giuseppe Rigatuso Type of,Construction Frame Plot • "--� Lot rPermit Granted July 10 1` 19 90 r t r d^ ' Date of Inspection 19 j Date Completed' f � 19 T, 77 r A`* , T �', � .•'� F '• 1e ! w ' •'- •ice , / 4 �KF -- --- 0 • 1: HOME OWNER'S EXEMPTION The Code state that : "Any Home Owner performing work for which a building I permit Is required shall be exempt from the provisions of this section (Section 109.1 .1 — Licensing of Construction Supervisors) ; provided that if a Home Owner engages a person(s) for hire to do such work, ',that such Home Owner shall act as supervisor. " Many Home Owners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q, Rules and Regulations for Licensing Construction Supervisors, Section 2.15) . This lack of awareness often results In serious problems, particularly when the Home Owner hires unlicensed persons. In this case our Board cannot proceed against the unlicensed person as it would with licensed Supervisor. The Hor:ie Owner acting as-.supervisor is ultimately responsible. To ensure that the Home Owner is fully aware of his/her responsibilities, many communities require, as part of the permit application, that the Home Owner certify that he/she understands the responsibilities of a supervisor . On the last page of this Issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use In your community. A Y * N • � II e • TOWN OF BARNSTABLE BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please print. DATE /0 / O JOB LOCATION EV �� F9 P�'0 (/ /X/d L D C4l Al*' - m 2,� /1 � um er — 5treettaddress Section of town "HOMEOWNER" ff IF 'i9'7-1,)f 0 el 9� ^. � 2� 7 / Name Home phone Work p one PRESENT MAI LING ADDRESS uU /wc1� -Fp m Z 6 � —City town btatcs Lip code The current exemption for "homeowners" was extended to include owner-occupied dwellings of six units or less andtTallow such homeowners to engage an in- dividual or hire who does not possess a license, provided that the owner acts as supervisor. (State Building Code Section DEFINITION OF HOMEOWNER: Person(s) who owns a parcel of land on which he/she resides or intends to re- side, on which there is, or is intended to be, a one to six 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 e iod shall not be Y P considered a homeowner. Such "homeowner" shall submit to the Building Officiai , on ,a. form acceptable to the Building Official , that he/she shall be responsible for all ,such work performed under the building permit. (Section The. undersigned "homeowner" assumes responsibility for compliance with the State Building Code and other applicable codes, by-laws, 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. D , HOMEOWNER'S SIGNATURE APPROVAL OF BUILDING OFFICIAL Note: Three family dwellings 35,000 cubic feet;" or'larger, will be required to comply with State Building Code Section 127.0, Construction Control . V 8 • i 1 60.00 r -• Sys� .•' i Ex 5r kG 2 St`f } e ( LOT SO c _ t c LoT 52 in in o �auucHE.o.D o, 1NDiN6 �O.ZI s 60.00 JoB # 90-261 CEPTIFIED RL0T.".. PLAN PPEPAPED FOR: LOCATION: - LOT '51 FRANKLIN AVE HYANNIS scaLE ' 1 =�30 . .DaTE: y 1�1/15/90 REFERENCE u`•PB 65 PG 101 GUISEPPE RIGATUSSO -. I HEPEBY;.CEPTIFY"1-.THAT 'THE ^STRUCTURE i, " "SHOWN"ON 'THIS PLAN IS' LOCATED ON THE GROUND AS .SHOWN HEREON. ' w Of 9 ir Q< JOHN o WEBIVEE down cape engineering, Inc . " No.33602 CIVIL ENGINEERS o0 9f J �o LAND SURVEYORS uoV. I` ROUTE 6A YARMOUTH MA DATE PEG_ UPVEYOP s GROPE RTY ADDRESS _GNING DISTRICT CODE SP UISIS. DATE PRINTED STATE PCS NBHO I I I CLASS I � � KEY M.7. 0025 FRANKLIN AVE 07 RB 400 07HY 0?!09/95 1011 0i; 6.3AD R2'92 036. 12G234ti _ LAND/OTHER FEATURES DESCRIPTION I ADJUSTMENT FACTORS TY UNIT ADJ'D.UNIT VALUE Desc::plwn R I V A T US G U I S E P P E M A P— lana sy/Dale FF Dvnens,on BLOC./YR.SPEC CLASS ADJ. COND.I P PRICE PRICE ACRES/UNITS I _ q:A N D 1 13 E300 / eD .F.De wAUes I E }- CARDS IN ACCOUNT — L 110 1ELDG_SIT 1 z .21 =10L� 1290 29999.95� 86999.991 ----_21 13300 X3LDG(S)-CARD-1 1 133P600 01 OF 01 A. a?L 25 FRANKLIN AVE lcz-jT- IBArHS 3.0 U x C= 1100l 105000qq 10500.0 , 1.00 1 10>00 3 #DL LOT 51 PARKET 43800 FIREPLACE U x C= 100 i 3100..OQ 31GO.D 1_00 I 31D"J 3 i "RR 0570 C060 'INCOME A I I USE p i I I I I I i I I IAPPRAISED VALIIE j I A i I i I I � j 1 c'• 90i! r i I PARCEL SUMMARY A AND 483n01 Ti i i I I BLDGS 133600 10—IMPS C Ei i i i I �OTAL 151900 I ChST :� T I I ;DEED REFERENCE,Typ. DATE I R.ora.a !PRIOR YEAR IJ A L U E I I i ccM P.Q. inst. MC. 'e..iDl ti.IM Prr.. AND 1 0 8 3 0 16923/343 I:10/89 70000 HLDGS 13360DO ! i 14961378' '00/00 j70TAL 15190u^ ci I I I ! __ 92 CHECK F0F• i I I BUILDING PERMIT S p. Nnmf»r Dale ry A—: K N D LAND LAND—ADJ INCOME I �SE i SP—BLDSI FEATURESI BLD—ADJSt UNITS 18�00 II 13600 834067 11/90 ND 40000 Glass Cnnsl iOtal g.se Rale Atli Rale r Buy A e Nerm .C=% CND loc N R G Repl Cost New Aa ReUI Value $Ip Urals Un;ts I A 9 D Pr C a I ri I I-le;gnt Rooms Runs I Ba1na s Fig. I Psnywall F.c. 101C+ 000 100 100 62_ 75 62.75 90 90 4 97 90 87 153551 13360J 2.0 8 4 3.0 11.0 1 ~—De scnonon Fa Souare Feet Repi Co MKT.INDEX: 1_DD IMP.BY/DALE. ME 3/91 SCALE: 1/DG_44 ELEMENTS CODE CONSTRUCTION DETAIL S BAS 100 I62.75 1292 31073 _� Z!)o4 S 'DWELLING LAST GP: I UWD 35 8.50 64 544 *--- STYLE 20--* S T _ I06 OLONIAL 0.0 _ R FOP 35 21.96 64 1405 ! FFG ! ES[GN ADJMT- -06- - --- -- ---- Q=O FFG 30 18.83 440 8285 22 22 XTER.LALLS 04 ONC4ETE 3LOCK Q.0 U 820 60 37.65 1292 48644 ! ! EAT/AC TYPE 07GAS—HOT WATER 0.0 T ' NTER.FI91SH 04 w(WALL 0 U .0 T '----- --—20 ' IN7ER.CAY _OUT 12 ilLR.7NORMAL U----- . B20 O IN 02 APfE AS EXTER. _v0 R ! ! FLJUR ST-RUCT- -02 D JO3ST19EAIN TT.O A W ! ! E LD(YR-CDYER-- -06 AItPET S VINYL U.0 L D Tplal Areas Ava �68 ease_ 1292 ! ! OD-F-TYP-E----- 01 AFL E=A�PH SH -9-0 E BUILDING DIMENSIONS 38 BASE 38 LEC-TRIZ7LL- -01 fl_RAbE-----------a-.0 T BAS W09 UWD SO4 W16 N04 E16 .. + ' OWDAT-I6N-"- -J1 WRED C0NZ 9v.9 A FOP W16 SO4 E16 N04 __ 3AS W25 + 1 -------------- - --- ---------------------- I N33 E34 FFG N22 W20 S22 E20 .. ' + -----NEI7G_K3ORH OD 63AD--HYANNTB L BAS S38 __ B20 N38 W34 S38 E34 ! ! LAND TOTAL MARKET *---*--16--*9—X PARCEL 18300 151900 *—UWD--* AREA 3871 FOP VARIANCE +0 43824 STAADA,RD 25 e 1 RESIDENTIAL PROPERTY FIRE DISTRICT SUMMARY MAP NO. LOT NO. Franklin Ave. Hyannis -- STREET 25 H -)3 LAND 3 7O U — BLDGS. )3 A }`C� �92 36 OWNER TOTAL LAND RECORD OF TRANSFER DATE BK PG I.R.S. REMARKS: ` rn BLDGS. B TOTAL :802'T1Fs E lad .S iUa .A,•. _ W_ t. •�Z1a LAND 1 11 1 1++ 6.. 8 BLDGS. Y Bornstein Stuart A Tr,.' TOTAL LAND -- BLDGS. 0) TOTAL LAND -- — BLDGS. m TOTAL + LAND -- — — BLDGS. 0) - — TOTAL -- --- _ LAND — BLDGS. Ct --. — TOTAL -- — ;-- - LAND BLDGS. INTERIOR INSPECTED: ( ~ TOTAL J LAND DATE: y BLDGS. ACREAGE COMPUTATIONS - TOTAL LAND TYPE # OF ACRES PRICE TOTAL DEPR. VALUE _ _ LAND HOUSE LOT 6L ( .3 C? --- 3 U U (-� (�.) 1 BLDGS. CLEARED FRONT _ _. - — TOTAL REAR — _ — LAND WOODS&SPROUT FRONT -- BLDGS. rn — REAR TOTAL WASTE FRONT LAND 'REAR BLDGS. rn — — TOTAL LAND O BLDGS. O) LAND FACTORS TOTAL a LOT COMPUTATIONS LAND TOWN SEWER — FRONT DEPTH � STREET PRICE DEPTH % FRONT FT. PRICE TOTAL DEPR. COR INF. _— VALUE -- HILLY — BLDGS. — ROUGH TOWN WATER rn — r7�i — ----- HIGH GRAVEL RD. TOTAL -- - LOW DIRT RD. LAND ---------- -- --- R I p r.S Conc.Walla Fin. Bsmt.Area Bath Room �� Base -' LAND COST Cont. Blk. Walls Bsmt. Rec. Room r St. Shower Bath - BLDG. COST PURCH. DATE Conc. Slab Bsmt.Garage St. Shower Ext. Walls_ PURCH. PRICE Brick Walls Attic Fl. &Stairs ;f' Toilet Room Roof RENT Stone Walls Fin.Attic / ` Two Fixt. Bath -- - -- --- Piers INTERIOR FINISH Lavatory Extra Floors Bsmt. F 1 1 2 3 Sink --- % y2 yx Plaster Water Clo. Extra EXTERIOR WALLS Knotty Pine is Water Only Double Siding Plywood No Plumbing Bsmt. Fin. _ Single Siding Plasterboard Int. Fin. _ Shingles TILING H-�!_ Conc.Blk. G F P Bath Fl. Heat Face Brk.On Int. Layout Bath fY&Wains. Auto Ht. Unit - - _ T4 Veneer Int. Cond. Bath Fl. &Walls Fireplace B Com. Brk.On HEATING Toilet Rm. Fl. Plumbing Solid Com..Brk. Hot Air / Toilet Rm.Fl. &Wains. ' ------------ -- - Tiling Steam Toilet Rm. Ft. &Walls Blanket Ins. ;/ Hot Water St. Shower 3 Roof Ins. Air Cond. Tub Area Total _ '-�• (=7� Floor Furn. ROOFING COMPUTATIONS Asph. Shingle /� Pipeless Furn. S. F. Wood Shingle No Heat S. F. Asbs. Shingle - Oil Burner S. F. Slate Coal Stoker S. F. Tile Gas S. F. OUTBUILDINGS ROOF TYPE Electric Gable �/ Flat S. F. 1 2 3 4 5 6 7 8 1 9 10 1 1 1 2 1 3 1 4 5 1 6 7 8 9 10 MEASURED S. F. Pier Found. Floor Hip Mansard FIREPLACES L11 Gambrel Fireplace Stack %! Wall Found. 0. H. Door LISTED FLOORS Fireplace t Sgle. Sdg. Roll Roofing Conc. LIGHTING / .G ___ .i _ Dble.Sdg. Shingle Roof Earth No Elect. DATE Pine Shingle Walls Plumbing Hardwood ROOMS Cement Blk. Electric -/t �-2— Asph.Tile Bsmt. 1st, TOTAL �� ,„I) `�l Brick Int. Finish PRICED Single 2nd 3rd FACTOR .. - REPLACEMEN((T�� /,j y•,,� OCCUPANCY CONSTRUCTION SIZE I AREA CLASS AGE REMOD. COND. REPL. VAL. Phy.Dep. PHYS. VALUE Funct.Dep. ACTUAL VAL. 2 3 4 5 6 7 8 10 -- TOTAL 2 �oT G� I 1 � l _7 I II Cl1> f� ItT�Z.n NI IJG` : LESS " wa ry- ' x tip $CS>✓TPb GIGS :F 'QGWT't -ZCa stress ; { �Ia,CII..IT�Y ; U�� 2:c>c:'r> (:��&L... SS�aer-lc. rA.hce-. - G (dt V-'Pf-,ZIA. • A 5(1)e d.lie E5: f ca {3 o-r T 0 on 5 2 Tr -7 6.s /=)A,Y 1'dTl�l. x CrA-t_. / b d.Y � �� �'�� • C��..�c>l.. TO E3�. pr�P._ 2�c� C-�-1S.1.,. I ��� � ` .':�v ..r�I � I � ���� _4 ' pUMPpstD 4i��TM0YE3 t c T'b.NIG t3E N-Z-f> lF gUeJECTTO W4L(clGl. Sc--W Ge> 4"IC C 1/4•u PlFfZ. izr. 'I _ o>'. PasTaN C? j - {5C c7Ca' .i'..Mlhl. GovErz Ii ' � !I �Z"'1 r . 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CODE `rl'rL..=. 75C. - L.L'..N10 *ueY�Ya�'� - Onl Ma S., NYI ' w G M . QF 5 WQ ZI.- pNI.Y , d.t,lla S"r1-�C7uL t: 'cT CmiL Y1S.1 MC>I.LT1,-G