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HomeMy WebLinkAbout0157 HAMDEN CIRCLE f � '/ / - , - - -- i i I� F � —� scgo�� - , Do*=': 1•377 s 947. 09-04-2019 1:57 BARNSTABLE LAND COURT REGISTRY BARNSTABLE TO WN CLERK 19 AUG -7 P 2 A8 s EmmsrasLF Mass. v� zb39. a�e� Town of Barnstable Zoning Board of Appeals . Decision and Notice Comprehensive Permit No.2005-085 DeBarros Chapter 40B Comprehensive Permit Summary: Comprehensive Permit No.2005-085 is rescinded Applicant; Augustine G.and Debra M. DeBarros Property Address: 157 Hamden Circle,Hyannis,MA Assessor's Map/Parcel: Map 309,Parcel 246 Zoning: Residential B Zoning District Deed Reference: Doc.No. 747,388 Cert.No. 151042 Permit Reference: Doc.No. 1,018,081 Date:Nov. 7,2005 Locus and Background: The applicants applied for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts and in accordance with Article II of Chapter Nine of the Code of the town of Barnstable', more commonly termed the "Accessory Affordable Housing Program." t Comprehensive Permit No. 2005-085 was issued to the applicants'on September 16, 2005 and a Regulatory Agreement and Declaration of Restricted Covenants were recorded at the Barnstable Land Court Registry on November 7,2005 as document 1,018,081. The Applicants, Augustine G. and Debra M. DeBarros are not participating in the Accessory Affordable Apartment Program therefore Comprehensive Permit .No. 2005-085 must be rescinded. Procedural & Hearing Summary: A public hearing to rescind Comprehensive Permit No. 2005-085 was duly advertised and notice sent to abutters and the property owner all in accordance with MGL Chapter 40A. The hearing was opened on July 24, 2019 at which time the•Hearing Officer, Alex Rodolakis, made the following findings and decision: Findings of Fact: , t t ��- Tqwn of Barnstable,Zoning Board of Appeals Comprehensive Permit No.2005-085—DeBarros is rescinded 1. The applicants, Augustine G. and Debra M. DeBarros, were granted Comprehensive Permit No. 2005-085 for an Accessory Affordable Apartment at 157 Hamden' Circle, Hyannis,MA. 2. The applicants, Augustine G. and Debra M. DeBarros, have not participated in the`. Accessory Affordable Apartment Program in several years. 3. On May 15, 2019, the Accessory Apartment.Program Coordinator took action to rescind Comprehensive Permit No. 2005-085. Ordered: Comprehensive Permit No.2005-085 is rescinded.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 of the Town Clerk. Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decis' n in the office of the Town Clerk. The applicant has the right to appeal this decision as outli d i G Cha ter 40B, Section 22. 4x odolakis,Hearing Officer Date Sign d 1,Ann Quirk,'Clerk of the Town of Barnstable, Barnstable County, Massachusetts,hereby certify that twenty(20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this oV* day of o b I under the pains and penalties of perjury. Ann Quirk,Town Clerk BARNSTABLE REGISTRY OF DEEDS t:; r°! John F. Meade, Register Y ).. y 1 S I OFIKE� Town ,of Barnstable Regulatory Services sniuvsrnaLe, ,Koss. $, Thomas F. Geiler, Director i639. e Building Division Thomas Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 , www.to'wn.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 December 28,2010 Mr. Augustine Debarros 157 Hamden Circle Hyannis,MA 02647 Re: 157 Hamden Circle EXIT ORDER Dear Mr.Debarros, Under the provisions.or 780 CMR,the State Building Code,sections 3400.5.1 and 5310,you are hereby ordered to immediately discontinue the use of the applicable cellar/basement areas for sleeping purposes. Your cooperation in this matter is appreciated. Sincerely, Paul Roma Local Inspector X L t Zi.` A oFIKE Town of Barnstable FIRM : Regulatory Services 9�A 1639. ,m� Thomas F. Geiler, Director i EO MA A Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 November 9, 2005 Augustine G. and Debra M. DeBarros 157 Hamden Circle Hyannis, MA 02601 Re: Proposed Accessory Affordable Apartment 157 Hamden Circle, Hyannis Dear Property Owners: We have received the recorded Regulatory Agreement and Comprehensive Permit for the accessory affordable apartment to be created at the above-referenced address. A building permit is required whether the unit is new or pre-existing. We look forward to receiving your building permit application for the apartment. Please call me if you have any questions regarding the building permit process. Sincerely, Lois Barry Division Assistant J040616a t TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION 'Map'* G Parcel 4 Permit# 00 Health Division ic � - -2 l,� `A b 5 Date Issued �. _I 00 Conservation Division `L ' T- Fe lax Collector — EXISTING SEPTIC SYSTEM Treasurer 30 6 S LIMITED TOS OF BEDROOMS Planning Dept. Checked in By Date Definitive Plan Approved by Planning Board Approved By Historic-OKH Preservation/Hyannis s II Project Street Address J I'�A0)11� Village Cum1''L�� Owner PLA,6-( f0e, r rf 01 e ro65 Address �J �A17n�tIJ �ir�I� I1q.iaoA054 Mfi Telephone 50,9✓ 9 q f Permit Request th r _5-�A w, _ ? Squ eet: 1 st floor: existing_ proposed R.7Ll Wloor: a ng proposed �9 Total ne4M.� Valuation a < Zoning District gA __Flood Plain Groundwater Overlay AP Construction Type . W Lot Size ' t3 Grandfathered: les ❑No If yes, attach supporting documentation. Dwelling Type: Single Family GY Two Family ❑ Multi-Family(#units) Age of Existing Structure N> - — Historic House: ❑Yes Dlb'_ On Old King's Highway: ❑Yes o Basement Type: ull ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) ]' / Basement Unfinished Area(sq.ft) �® Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing_ new Total'Room Count(not including baths): existing s S new First Floor Room Count Heat Type and Fuel: ❑"Gas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes LpAo Fireplaces: Existing �' New Existing wood/coal stove: ❑Yes EMU Detached garage:❑existing ❑new size Pool: ❑existing' ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed: xisting '❑new size X fQ Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes 0-Wo If yes, site plan review# Current Use z,z.iv►J(��1�1Cr� posed Use BUILDER INFORMATION - -Name ��q f�N ��I�A r�s5 "'Telephone Number 5 6?- '1'11 `1"I 3 l-k � I Address � 5 � rt�i�1 C � �i�� License# 4,4a4f,01 6 Home Improvement Contractor# _ f Worker's Compensation.# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO ,SIG NATUR / ATEIU r;. J FOR OFFICIAL USE ONLY PERMIT NO. - "DATE ISSUED MAP/PARCEL NO. ADDRESS f VILLAGE r OWNER . i . DATE OF INSPECTION: } FOUNDATION. FRAME X e V INSULATIONca gyp. FIREPLACE ELECTRICAL: RU0H FINAL tu PLUMBING: ROUGH FINAL rn t' GAS: ROUGH FINAL . u �i lN C FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. y o 11-07-2005 12.-06 B.ARNSTADLE LAND CQiJRT REGISTRY 1K6 r, y MABB. 8 67V. 0 .. ry60 MPy Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice ' Appeal 2005-085 -DeBarros A Decision - Chapter 4.0B Comprehensive Permit Applicant: Augustine G. and Debra M. DeBarros Property Address: 157 Hamden Circle, Hyannis, MA Assessor's Map/Parcel: Map 309,Parcel 246 Zoning: Residential B Zoning District Applicants: The applicants are Augustine G. and Debra M. DeBarros, who reside at 157 Hamden Circle, Hyannis, MA. Mr. and Mrs. DeBarros were granted title to the property by deed recorded in the Barnstable Land ; Court Registry on November 25, 1998 as recorded in document numbered 747,388 and certificate of title:" number 151042. Relief Requested: ` The applicants have applied for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with Article 11 of Chapter Nine of the Code of the town of Barnstable, more commonly termed the "Accessory Affordable Housing Program." The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 9- 15 of the Code—Amnesty Program to permit an accessory apartment unit to a single-family owner- occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory affordable apartment unit in the lower level of the residence. Locus and Background: The property at issue is a 0.23 acre lot located at t57 Hamden Circle, Hyannis, MA. The lot was developed in 1981 with a single-family ranch style home. The effective living area of the main residence . is 967 square feet. The accessory apartment will be a one bedroom unit located in the lower level of the residence. The square footage of the rental area is approximately 450 square feet. The lot is served by public water and on-site septic, and is located within an Aquifer Protection Overlay District. On August 1, 2005, the town of Barristable's Public Health Division reviewed the septic and approved the property for a total of two(2) bedrooms. Procedural Summary: A site approval letter was issued for the property by Elizabeth Dillen of the Office.of Community & Economic Development on August-22, 2005, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development in jaccordance with the requirements of CMR 760. An application for a Comprehensive Permit was then, filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals. r A public Bearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on September 9, 2005 and September 16, 2005, and notices were sent to all abutters in accordance with MGL Chapter 40B. Y On September 28, 2005 Hearing Officer Gail Nightingale presided over the public hearing. The applicants Augustine and Debra DeBarros were present at the hearing. Elizabeth Dillen of the Office of Community and Economic Development was also present. Ms. Nightingale reviewed the file with the applicants to assure compliance with all of the program requirements. Findings of Fact on the Comprehensive Permit: At the hearing on September 28, 2005 the Hearing Officer made the following findings of fact: 1. The applicants are Augustine G. and Debra M. De Barros who reside at 157 Hamden Circle, Hyannis, MA. They are requesting a Comprehensive Permit to create a one bedroom accessory affordable apartment in the lower level. The conversion of the unit to an accessory affordable unit within a single-family owner-occupied residential dwelling qualifies for the "Accessory Affordable Housing Program." 2. Augustine & Debra De Barros were granted title to the property by deed recorded in Barnstable Land Court Registry on November 25, 1998 as recorded in document numbered 747,388 and certificate of title number 151042. 3. On August 22, 2005 a site approval letter was issued for the property by Elizabeth Dillen of the Office of Community &Economic Development, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of CMR 760, and no issues were communicated from the Department on this particular application. 4. The proposed accessory affordable unit will be a one bedroom unit of approximately 450 square feet, in the lower level of the principle dwelling. 5. The applicants are aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit.for compliance with all applicable building and.fire codes. 6. The house is served by public water and private on-site septic and is in an identified Aquifer Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved the use of the existing on-site septic system for a total number of two (2) bedrooms. 7. On July 20, 2005 the applicants signed an Accessory Affordable Housing Program Agreement Affidavit that commits,upon the receipt of a Comprehensive Permit, to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants at the Barnstable Registry of Deeds. That document will restrict the unit in perpetuity as an affordable rental unit and requires that the dwelling be owner-occupied as their year-round residence. 8. The applicants understand that.the affordable unit will be rented to a person or family whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and further agrees that rent (including utilities) shall not exceed 30% of the monthly household income of a household earning 80% of the median income, adjusted by household size. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 9. According to the Massachusetts Department of Housing and Community Development, as of September 28, 2005, 6.3% of the town's year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. The Town of Barnstable's Local Comprehensive Plan encourages the use of existing housing to create affordable units and the dispersal of these units throughout the town. 2 Finding Summary: Based upon the findings, the Hearing Officer ruled that the applicants have standing to apply for an affordable housing Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal is also deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling.and Conditions: Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B to the applicants, Augustine G. and Debra M. DeBarros. It is issued to allow for the creation of a one bedroom affordable housing unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed two persons. 2. The property owners shall occupy the principal dwelling as their year-round residence. 3. This unit shall not be occupied by a family member'of the owner(s). 4. The total number of bedrooms on the property shall not exceed two (2). 5. All parking for the accessory apartment and the main dwelling shall be on-site. 6. To meet the requirements of affordability, the cost of housing (including utilities) shall,not exceed 30% of 80% of the median income for a single individual for the Barnstable-Yarmouth MSA. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 7. All leases shall have a minimum term of one year. 8. The Office of Community and Economic Development shall serve as the monitoring agent ent for the accessory apartment. 9. The applicants must apply for a building pen-nit for the accessory unit whether the unit i new r PP PP Y g P y s o pre-existing. Before securing an occupancy permit and cer tificate of compliance, the Building i Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application:and meets state building and fire codes. The Health Division must determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. W. The applicants may select their own tenant provided the tenant meets the requirements of the program as cited above and provided that person's income is reviewed and approved by the Office of Community & Economic Development of the town of Barnstable as a qualified individual. The applicants will be required to work with the town to provide information necessary to document that the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible individual or family. Whenever a vacancy occurs, notice must be given to the Office of Community & Economic Development and the unit must be listed with the Town. 3 i M 11. Every twelve months the applicants shall review the income eligibility of the individual occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit, the applicants 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 of the unit. The applicants 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. 12. 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 Office of Community & Economic Development of the town of Barnstable shall be notified within 60 days the name and address of the new owner. 13. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. Ordered: Comprehensive Permit 2005-085 has been granted with conditions. 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 of the Town Clerk. Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. The applicants have the right to appeal this decision as outlined in MGL Chapter . 40B, Section 22. In accordance with Chapter 214, section 11 of the Town of Barnstable Administrative Code, the hearing officer transmitted a written copy of the Comprehensive Permit decision to the Zoning Board of Appeals on September 28, 2005. Fourteen (14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. Gat ightingale, H ing Offi qer Date Signed I Linda E. Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have e�apsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision ha een iy� the office of the Town Clerk. Signed and sealed this day of ! under die pains and penalties of periury. Linda utchenrider, Town Clerk 4 / r Y ` .,. Doc 17-01 n..a:#Il..S'F.B._'.a tl. A._._04'_.... REGULATORY AGEEME AND DECLARATION OF REST D COUNT REGISTE2IP THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS, is made this �day of (''f�g � ,2005, by and between Augustine G. and Debra M. DeBarros of 157 Hamden Circle, 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 accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter "Designated Affordable Unit");and NOW THEREFORE, in mutual consideration of the agreements and covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN A. The terms of this Agreement and Covenant regulate the property located at 157 Hamden Circle, Hyannis MA 02601 as further described in deed recorded. herewith as Barnstable Land Court Registry �. document 747,388 and certificate of title 151042. �n B. The Project located at 157 Hamden Circle,Hyannis MA 02601 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 u7 accordance with the terms of comprehensive permit Appeal No. 2005-085 and any plans submitted therewith and all applicable state, federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable County Land Court Registry document Q / and certificate of title All#. D. - The Owner agrees to occupy the principal dwelling unit located on'the property as their year round 4 residence in accordance with the terms of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS,COVENANTS AND WARRANTS AS TOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that the Designated Affordable Unit shall be deemed to be impressed.. with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (AMI) of Barnstable-Yarmouth MSA and that rent (including utilities) shall not .� exceed an amount that 'is affordable to a household whose income is 80% of the median income of Barnstable- Yarmouth MSA. In the event that utilities are separately metered,a utility allowance established by the 'Barnstable Housing Authority shall be deducted from the rent level: 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling unit with at least a one-year lease. x 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 l 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. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable-Yarmouth WA. In the event that utilities are separately metered, a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent, as designated by the Town Manager,proof that the Designated Affordable Unit is rented, the tenant's income verification,a copy of the lease agreement and the rent charged for the Lout or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling Lout or units by a new tenant. The Owner. shall notify the Monitoring Agent, as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. IV. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuutyto a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable-Yarmouth MSA.In the event that utilities are separately metered,'a utility allowance established by the Barnstable Housing Authorityshall be deducted from the rent. 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-lartd,file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the "Registry of Deeds"), and the Owner shall pay all fees and charges incurred mi connection therewith. Upon recording or filling, as applicable, the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument, book and page or 2 registration number of the Agreement. VI GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid, return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner, its agents,servants or employees which result in claims made against Municipality and/or its delegate, including but not limited to awards,judgments, out-of-pocket expenses and 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, Y e parties,, executed b th and appended to this document. g g PP B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in MGL Ch. 184, Section 26 which shall . run with the land described in deed recorded herewith as Bamstable Land Court Registry document 747,388 and certificate of title 151042 and shall be binding upon the Owner and all successors in title . This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. 'The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in deed recorded herewith as Barnstable Land Court Registry document 747,388 and certificate of title 151042. XI. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be, thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which is the subject matter of this restrictive covenant, shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. - 3 I MI. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare, and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares, and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement, and are binding upon the Owner's successors in title, (ii) are not merely personal covenants of the Owner, and (iii) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. )III. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof, then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs-and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. 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. N IN WITNESS WHEREOF,we hereunto set our hands and seals this,)/ day of �P � ,2005 f: OWNER , OWNER BY: BY: �. Augustine G.DeBarros Debra M.De arros COMMONWEALTH OF MASSACI lUSETTS County of BarnstablQ,ss: On this3/ day 20orSbefore me,the undersigned notary public,personally appeared l�W���(s2Q: �P. ry the Owner(s) ,proved to me through satisfactory evidence of dentification,which were L Q. ,to be the pe.ison(s) whose name(s) is signed on the preceding or attached document and acknowledged to be that he/she signed it voluntarily for the stated purposes: Notary Public Printed: My Commission Expires: E MADELINE P.TA LOR 4 Notary Public monwealth of Massachusetts My Commission Expires December 4,2009 '�FI°ICIAL SEAL - — SHIRLEE MAY OAKLf NOTARY PUBLIC { COMMONWEALTH OF MASSACHUSETTS My Comm.Expires 3/2812008 :sa.ndxg uolssrunuoD,yW vkl 331y ys :paluud >jgnd sasodmd pazrns oy joj Xju-nunjon 11 pau21s i ila aq oz p pajmou�ae ur,luaumDop poymir,.�o&npaaa.xd PT i uo pau2Ts si au cu asoijm uosiad ar i aq os'WlA 'n'n aaam i DMAA`uouIE:)] IuapT Jo aauaprna 1,ioi:npirs ig2nojT a aui 01 pano.zd'algeisumq jo umo j,oT a zoo @2v-UPW umo,L @�j' Ju u r•�-1 paacadd�dlj>'uosiad`aTlgnd rfz��ou pau Tsaapun atja`au� a�ojagS00Z�9y �� o drp sRil u0 :ss`aigvisur g joXiunoJ SJ-L a s=,V s svw 30 I--LL IN HINOww0D XHDVNVW NA%01 H-IqvisNwg 3O N&Oi 9� b FILE I MIP '13511 CENSUS .TRACT fir' 012 CLUENT: DEED BOOK PAGE OWNER: ,Tulle M. Mullins PLAN I100K• - PAGE LOT APPLICANT: Augustine DeBarros & Debra DeBarro-ASSESSORS PLAN PLOT . ,4. MORTGAGE INSPECTION PLAN of L�-AND LOCATED AT 157 HAMDEN CIRCLE BARNSTABLE, MASSACHUSETTS SCALE: 1 = 30' NOVEMBER 23, 1998 i 1 . . U.4D i1 n LDT 104 W # 157 K CY '• �` (Y �— SFIED i 45 50 , ioG. 5-' HAMDEN 0FZCLF_ I CERTIFY `TO DUNNING, FORMAN, MK I RRANE, &-'TERRY; _NORTH '-AMER I CAN "MORTGAGE -00 .;:_. AND ITS TITLE INSURANCE COMPANY, THAT THERE ARE NO­VISIBLE ENCROACHMENTS OR EASEMENTS EXCEPT AS SHOWN AND THAt THIS PLAN WAS PREPARED -,,UNDER,_vMY IMMEDIATE SUPERVISION . _ THE LOCATION OF THE DWELLING AS SHOWN HEREON IS IN COMPLIANCE WITH THE LOCAL APPLICABLE ZONING BY-LAWS WITH RESPECT TO HORIZONTAL DIMENSIONAL REQUIREMENTS. - r%T '�A 1-1 3 HIM,THIr Tl,IYrLLL1iN^_, SHOWN ERE ThvC.C) N.. , I. nLL rra �I � r.l f I•n a Ir A SPECIAL FLOOD HAZARD ZONE AS DELINEATED -ON A MAP OF COMMUNITY #250001-0005C DATED 8/19/85 BY THE F. I .A. ' Kenneth R. Ferreira E-rigincerinb, Inc.' i F F 8_ �'"4 }.t .P °,.r 5 •) .. �� no.ulix 190.1 New 13eJforJ,.MA 02741=1903 "`" 1 I t '}' {'{"'i C , r• c c` : Tr l:50119')2-0020•::!.ax:508 992-3374; GENERAL NOTES: (1) -The declarations made—above argon the basis of ■y knowledge, information. and belief as. the result of a mortgage plot plan tape survey. inspection made to the normal standard of-care'of'reo steeed-land surveyors practicing in Massachusetts. (2) Oeclarati'ons are made to the above named client only as of this date. (3) This plan was not made for recording purposes, for use in preparing deed descriptions or for con— structions. (4) verifications of property line dimensions, building offsets, fences, or lot configuration may be accomplished only by an accurate instrument survey. - SPILLSA'S ,.� �r � r. �,� �t!'�ki�r.�.� �,�� � � ��. �'!^�/ �'.v \ -.+4G•�•'f .i-r�. � ! is�C.F � ,�v E� ¢'� � t 'A e � � _� ' '� :� . __ , ��. n�" � .� ►� ,���q`'+.�x� � ,� 4 'r�+�'��f "' ., ray ;&..f' �,ah t^-+4=��„"L"yr.t �r x:. '"j d^� .i s ••+'*,��a.'��� 6�t°tt '�°�e�+� ?�•Syr g+-''�Y', � ky„'`� t�' .C'�`:Y .Y _ �..rr?. 'R 3'� 'f' ��r#'�s�.' r ��! }Yr.^�.'.t 1^'6 ui"".. y 'k� �k�j�L't��� 1'� �-. �1+��S'�r��?rrt�F�, �.��t�"1I:GLw *ry r�.�+pry,��d'K ,{•b'��' ;'�M"V'{Iat#' �'f ?#-.a�si��.:�^F�`' .. i4.� i..r`. '73' �...5'.��•1'•.'r`�h"�°• x t -`�, yr.._fir� �` �,`,v� �r��i��.'�'.,�-.. 4f 5 ♦ _ ._.!:iiii s..•'.` ...o.r.. E. ,rS��ryS1�w,,.s.�..�'.. a �e C A � . 0 L 0 SETNM ! KI .TCH,G. N \ r cit w \ 23 - t_c-n A CLOSET [-BARN' K DETECTORS REVIEWED I . R I . . j L B ILDING DEPT. DATEI. -IRE DEPARTMENT DATE BOTH SIC-NATURES ARE REQUIRED FOR PERMITTING a C = 1 r . c v 1TM L 00}. i� c , P D C�- LA w w Lu A Z l All ' =bin%U A- I 2( u A N> at c4 x r4LA I LO t , IA c q � N +1 -- v 'Al " � � r� Town of Barnstable Cf THE Tp� Regulatory Services i N . Thomas F.Geller,Director 1639. Building Division - ATfD Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 i www.town.barnstable.ma.us Mce: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION f / Please Print t DATE: JOB LOCATION: a7(11 U elf l' �`r�J A (�l village number street g 'HONMOwNSR': name home phone# work phone it �111' •CURRENT MAM WG ADDRESS: 15 1 F A ill DLO O t c1 0 city/town state up code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as su ep rvisOr. DEFINPTION OF HOMEOWNER t Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be resQonsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspec, n procedures and requirements and that he/she will comply with said procedures and requirements. Signa of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor:' Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q. Rules&Regulations for licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board.cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. Q:forms:homeexempt r The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111' www.massgov/dia Workers' Builders/Contractors/Electriciaiis/Plumbers Com P ensation Insurance Affidant . Applicant Information Please Print Let>lbly Name (Business/Or ganizationadividnal): - Address: (511 City/StatelZip� Phone#: �08- Are you an employer?Check the appropriate box:. -Type of project(required):- 4• ❑ I am a general contractor and I 6. 1,❑ Z am atloyer with .ElNew constractioa employees(full'and/or part-time).*, have hired the sub-contractors 7 2.0 I am a sole proprietor or partner- listed�on the attached sheet t �. ❑ Remodeling ship and have no employees These sub-contractors have .8. ❑ Demolition working for me in.any capacity. workers' comp.insurance. 9, ❑ Building addition (No workere comp.insurance, 5• ❑ we,are a corporation and its 10.❑ Electrical repairs or.additions required.] officers have ekercised'their, ri of ex tion et MGL 11.❑ Plumbing iep aim or additions 3,$ I am a homeowner doing all work . � p c. 152,§1(4),and,we have na 12.❑ Roof repairs myself-[No workers comp. • ; � .. t employees.{No workers`' : insarancerequired.] 13:0..Other cam required;-] insurance ] •Any applicant that checks box#1 must alsq fill out the section below showing their workers'compensation policy information ' `•: t Homeowners who submit this affidavit indicating they we doing all work and then bire outside contactor must submit Anew, affidavit indicating such tContracbocs that check this box must attached an additional sheet showing the in of the sub-contactors and their workers'-comp:;poliicy iQfatirratioa I am an employerthat is providing workers'compensation insurance for my employees'Below is the policy and job site, information. Insurance Co»puy Name: Policy#or Self-ins.Lin #:e jam% Expiration Date: Job Site Address: City/Stat4ip: Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Fame to,secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminalpenalties of a fine up to$1,500,.00 and/or one-year imprisomiaent, 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 t Investigations of the DIA for insurance coverage verification. I d+ o hereby certify under A pains andpenaltles of perjury that the information provided above is true and c rrecx �Si ator )ate: Phone#: Fcial use only. Do not write in this area,to be completedby city.or town official,y 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#: AMENDED HOMEOWNERS POLICY DECLARATIONS MASSACHUSETTS PROPERTY INSURANCE UNDERWRITING ASSOCIATION Two Center Plaza,Boston,Massachusetts 02108.1904 (617)723.3800,(800)392-6108,FAX(617)557-5678 AMENDED DECLARATIONS EFFECTIVE 08/05/2005 SUPERSEDE ANY PREVIOUS DECLARATIONS BEARING THE POLICY NO 0751482. POLICY NUMBER POLICY PERIOD 0751482-9 From 03/09/2005 To 03/09/2006 12:01 AM Standard time at the residence premises. NAMED INSURED&MAILING ADDRESS PRODUCER AUGUSTINE&DEBRA DEBARROS ROGERS&GRAY INSURANCE AGENCY,INC. PO BOX 258 640 IYANOUGH ROAD WEST HYANNISPORT MA 02672 ROUTE 132 MID CAPE OFFICE HYANNIS MA 02601 THE RESIDENCE PREMISES COVERED BY THIS POLICY IS LOCATED AT: 157 HAMDEN CIR.,HYANNIS,MA 02601 We will provide the insurance described in this policy in return for the premium and compliance with all applicable policy provisions. Coverage is provided where a Premium or Limit of Liability is shown for the Coverage. SECTION I COVERAGES: LIMIT OF LIABILITY PREMIUM A Dwelling $109,000 $666 B Other Structures $10,900 C Personal Property $54,500 D Loss of Use $32,700 SECTION II COVERAGES: E Personal Liability -each occurrence $500,000 $42 F Medical Payments to Others -each person $1,000 TOTAL BASE PREMIUM $708 DEDUCTIBLE-SECTION I: $500 EXCEPT WINDSTORM OR HAIL $1,090 ( 1% of Coverage A Limit) FORM&ENDORSEMENTS made part of this policy at the time of issue. HO 00 03 10/00 SPECIAL FORM HO 0120 09/01 SPECIAL PROVISIONS-MASSACHUSETTS HO 0312 10/00 WINDSTORM OR HAIL%DEDUCTIBLE -$84 HO 0416 10/00 PREMISES ALARM OR FIRE PROTECTION SYSTEM 415 Credit 2% HO 04 27 04/02 LIMITED FUNGI,WET OR DRY ROT,OR BACTERIA COVERAGE Section l $1,090 Section Il $50,000 HO 04 46 10/00 INFLATION GUARD $15 4% HO 04 90 10/00 PERSONAL PROPERTY REPLACEMENT COST LOSS SETTLEMENT $100 HO 04 95 10/00 WATER BACKUP AND SUMP DISCHARGE OR OVERFLOW $102 HO 04 96 10/00 NO SECTION ll-LIABILITY FOR HOME DAY CARE COVERAGES HO 05 08 11/02 SPECIFIED ADDITIONAL AMOUNT OF INSURANCE FOR COVERAGE A ONLY $20 Additional Amount Of Insurance: 25 % HO FP 12/01 SPECIAL ENDDORSEMENT TOTAL PREMIUM ADJUSTMENT $138 TOTAL'ANNUAL PREMIUM $846 TOTAL PREMIUM TO BE CHARGED OR CREDITED FOR THIS AMENDMENT $0 Reason(s)for Amended Declarations: MORTGAGEE INFORMATION IS AMENDED. I AMENDED HOMEOWNERS POLICY DECLARATIONS MASSACHUSETTS PROPERTY INSURANCE UNDERWRITING ASSOCIATION Two Center Plaza,Boston,Massachusetts 02108.1904 (617)723.3800,(800)392-6108,FAX(617)557-5678 AMENDED DECLARATIONS EFFECTIVE 08/05/2005 SUPERSEDE ANY PREVIOUS DECLARATIONS BEARING THE POLICY NO 0751482. POLICY NUMBER POLICY PERIOD 0751482-9 From 03/09/2005 To 03/09/2006 12:01 AM Standard time at the residence premises. MORTGAGEE OHIO SAVINGS BANK C/O INSURANCE CENTER ISAOA/ATIMA PO BOX 11041 ORANGE CA 92856-8141 RATING INFORMATION: FAMILY 0001 Frame TERRITORY 37 PROTECTION 05 This policy shall not be valid unless Boston, countersigned by us: Massachusetts 08/06/2005 Countersigned: coo-, UMAHODEC HOMEOWNERS-MA - INSURED COPY TAX AND INSURANCE INFORMATION LOAN # 0053128328 LOAN TYPE (CIRCLE ONE) PHA. VA CONV 'BORROWER: DEBARROS, AUGUSTINE G CO-BORROWER DEBARROS, DEBRAFM LAST NAME, FIRST, MIDDLE LAST NAME, FIRST, MIDDLE PROPERTY ADDRESS: 157 HAMDEN CIRCLE, HYANNIS, MA 02601 - STREET CITY STATE ZIP , MAILING ADDRESS: SAME STREET CITY STATE ZIP PHONE #S: HM. ( ) 508-771-7013 B. WK. ( ) - - CO-B WK. STATE/COUNTY TAX AUTHORITY (NAME, ADDRESS, AND PHONE#): LAST AMOUNT PAID AND DATE: STATE/COUNTY TAX ID NUMBER/PARCEL NUMBER: ************************************************************************************************************* CITY TAX AUTHORITY (NAME, ADDRESS, AND PHONE #): Town of Barnstable Tax Collector Pnai- Off;rc Box LSD, Hyannis, MA 02601 (508) 862-4054 LAST AMOUNT PAID AND DATE: _,$i841.42 CITY TAX ID NUMBER/PARCEL NUMBER: Man 309 Parcel 246 SCHOOL TAX AUTHORITY(NAME, ADDRESS,AND PHONE ft LAST AMOUNT PAID AND DATE: SCHOOL TAX ID NUMBER/PARCEL NUMBER: SPECIALASSESSMENT/TAXAUTHORITY(NAME,ADDRESS,ANDPHONE ft LAST AMOUNT PAID AND DATE: SPECIAL ASSESSMENT ID NUMBER / PARCEL NUMBER: HAZARD INSURANCE COMPANY Mass. Property Insurance U/A AGENT: Rogers & Gray Insurance ADDRESS: 640 Iyanough Road, Hyannis, .MA .02601 pH#: ( ) 508-775-0011 POLICY NUMBER: 0751482-4 ANNUAL pREM.$ 846.00 RENEWAL DATE: 3-9-06 FLOOD INSURANCE COMPANY n/a AGENT: ADDRESS: PH#: ( ) POLICY NUMBER ANNUAL PREM.$ RENEWAL DATE: ************************************************************************************************************* TITLE COMPANY COMPANY NAME: DUNNING & KIRRANE, LLP PHONE NUMBER:( ) 508-477-6500 ADDRESS: P. 0. Box 560; Mashpee, MA 02649 CLOSER'S NAME: TITLE CO. FILE#: 2906.241 Michael A. Dunning F:\MFCF0RMS\CB6D024 (12/93) ' Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.b arnstable.ma.us Office: 5108-862-4038 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adj acent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work. f�b✓7 �''�'E�r�,g�iv'� ��� Estimated Cost Address ofWork:Lb' � i Owner's Name: �r`r Date of Application: it S I hereby certify that Registration is not required for the following reason(s): []Work excluded by law []Job Under$1,000 []Building not owner-occupied 26wner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING.WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT'WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Name Registration No. 4.1 Date Owner's Name Q:farms:homeaffidav r Town of Barnstable P� o� Regulatory Services. . _ Thomas F.Geiler,Director SAMSTtK M i639. `0� Building Division A Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.townbarnstable.ma.us , 'Tice: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print ! DATE: JOB LOCATION •N A�11 U�f� l' L L street r village number C "HOMEOwNErl: �� GAS+t p e /b l a 3"&(65 <i 0 0 -r q I-10/3 name home phone# work phone# CURRENT MAlI ITTG ADDRESS city/town state up code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as sn ep_rvisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs_more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department Zrequiremen7ts. ecti n procedures and requirements and that he/she will comply with said procedures and f Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 1 og.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. in this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may can t amend and adopt such a form/certification for use in your community. Q:forms:homeexempt Town of Barnstable Building Department - 200 Main Street BARNST"LE. * Hyannis, MA 02601 MASS. (508) 1639• 862-4038 �� r i iOccupancy Ce t f cote f o Application Number: 88754 CO Number: 20060065 Parcel 1D: 309246 CO Issue Date: 06/29106 Location: 157 HAMDEN CIRCLE Zoning Classification: RESIDENCE B DISTRICT Owner: DEBARROS, AUGUSTINE G & DEBRA M Proposed Use: 157 HAMDEN CIR HYANNIS, MA 02601 Village: HYANNIS Gen Contractor: PROPERTY OWNER Permit Type: RCOO CERTIFICATE OF OCCUPANCY RES Comments: FOR AMNESTY APARTMENT Building Department Signature Date Signed ,> FP-7(rev.1/06) 0-1775 CERTIFICATE OF COMPLIANCE M.G.L. CHAPTER 148, SECTIONS 26F, 26F'/z City or Town HYANNIS FIRE DISTRICT Date: C' This Certifies that the property located at C rvm tJt�sr�( has been equipped with approved smoke detectors, and carbon monoxide alarms and was found to be in compliance with Massachusetts General Law, Chapter 148Sectio s 26171 26F'/z and 527 CMR 31, seq. Inspectionlfesting completed on: �/ 6 By: Inspe Fee Paid: o;2G1r—, Q fJ Head of Fire Department: Chief Harold S. Brunelle Note:This certificate expires.sixty(60)days after date of issue. 0 6 " SELLER'S COPY PERMIT # e NEW iSTT{.HEN -.La i s PL'�h1.:±f, ID n09 241B ADDRESS 157 r} HjtAMDEN G t RUE, P ilt�itl S it ,)FiA )t ilts;I Uk'Iit�c� 8'1S 4 DESChi N lt5'�;.-{LNI aIt Lk I Aa NE { i Ai,AR � ,r RACTGRS: PP0?ZR'i"r C)W",P Department of Regulatory Services jl 4:tND'Ts"S3'1 ION COSTS Ji} . * ■ARNSI'ABLE, BUILDING'DIVISION I BY 1AT IE ISSUED ED 1.2/0� , _00; I I THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OFTHIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ELECTRICAL,PLUMBING AND MECH- 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. ANICAL INSTALLATIONS. 4.FINAL INSPECTION BEFORE OCCUPANCY. I ® M IN I s • e I BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS Xr AA E 2 2 "°f� ` 'P 2 3f I�1 ®�C 1 H A NG INSPECTION APPROVALS ENGINEERING DEPARTMENT 2 F ALTH � OTHER: SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. j r i } ,J - -r� 1 . F 1 E. li 1 Amnesty Program Helping to make affordable housing possible. .y, "? 8 4 wn , arn stable Certificate of Compliance This certificate indicates acceptable minimum habitable requirements per Massachusetts State Building Code and Town of Barnstable zoning ordinances in accordance with the Amnesty program. Owner Augustine & Debra DeBarros Location 157 Hamden Circle, Hyannis, MA Unit Capacity n bedro not to exceed two people Inspector M/P No. 309-246 i 7/3/2006 YOU WISH TO.OPEN A BUSINESS? For Your Information: Business certificates(cost$30.00 for 4 years). A business cer>rificate ONLY REGISTERS YOUR NAME in town(which you must do by M.G.L.-it does not give you permission to operate.) Business Certificates are available at the Town Clerk's Office, FL,367 Main Street.Hyannis.-MA 026d1 (Town Hall) DATE: Fill in please: APOLICAurs YOUR NAME�MAe /l'1 BUSINESS YOUR HOME ADDRESS: i�',2 TELEPHONE # Home'Telephone Number Lj� 72 --7,(JI3 NANIE..OF NEW pUS1NS r TYPI~> F BLI.SINESS 9 Y- IS THIS A. 4gM.E OOCUPAT- 1ON? :' : . .. YES lHave•yciu b`e6n glveii.tikpproval'fPQ rhe'buildino.iliftsibill. YE.q NO 30 oZ APDAESSa 13135><I S: '. -` MAP,/PARCEI,NUMBER—: •When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO'200 Main St. - (corner of Yarmouth Rd.&Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COIA NER'S OFFICE �. This individu l h* n inf e o any permit requirem that pertain to this type of business. ut rized 5i ture* COMMENTS: 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: 08/0912005 . 11: 21 5087757434 HOUSING ASST.C:ORP. PAGE 02 ZONING VERIFICATION To: Linda Edson From: Marjorie.Stinson,Director,Leased Housing Assistance.Corporation z � Date: Address: lal Village: Bedrooms- --------------- The owner of the above-listed property is entering into a contract Ari.th us for the retinal of the ProPcrty to one of our clients. PIeasc verify by si tne the unit is legal arid list the all zordng requirements for a rental in.the Town fBam'S ablegning below t If t does not, lease list the reason Please return this form within 24 hours of recei t.Thank- you for yaur help. V1 14leeta zoning r�quirements. �► Q Does clot meet zoning requirements because: • r Signature --�— I"d t?'z�_. •t, Print naune Date 4f i/ a 08/09J2006 11:21 5087757434 HOUSING ASST.CORP. PAGE .01 .r! SOUSING TE - (508) 771.5400 } SSlSTANCE FAX. (—q)8) 775-7434 CORPORATION 460 W F.ST I LA tN STRi?CT N:#YANiNIS, NMA 02601 FA• Aii.: hsu'C h:3cc)t�C�a��rc�►ti.ur� FAX DATE: C, PAGES INCLUDING TO.-- FR TEL: T.- REMARKS: t'.12GIr11T _. FOR R.T;Vll=1Y REPLY ASAP .,:.;i'LErbSF C11141MF:NT THIS TAANS"KIISSION 1S INTENDED FOR THE ADDRESSEE ONLY.IT MAYCON'l'AIN PER,ONAL.AND CONFIVENT1A1,INFORMATION. 1F.RECEIVED IN ERROR PLEASE TELEPHONL Uq IMMEDIATELY AT THE PH(IN.IE NUMBER LISTED ABOVE. TO ALL NEW BUSINESS OWNERS Fill in please: YptJR NAME. YOUR HOME ADDRESS. a de et 2 APf'LlCANT'S r , BUSINESS M- - - ' Tele hone Number Home TELEPHONE as Ty PE O NAME OF.NEW i USI NESS BUSINESS ' ' , IS THIS A HOME OCCUPA ION? Ai� IhfIAP�PARCEL NUMBER ADDRESS OF BUSINESS s You must do in order to be in compliance wit the h lve b ained the required and regulations ol the Town the inform own you may need. O �' you et the business 1l�,ther�starting a new business there are several thing y 3 of Barnstable. This form is intended to assist you in obtaining required pest floor and licenses.. ! for a business certificate at the Town Cierk's Office (ist floor-Town hail)or i.y 9 signatures listen below.you may apply sign o to the following office to make sure you have all the g of es: � certificate first you MUST g you will find the following �J Cs0 TO 200 Main St. -(corner of Yarmoutlh Rd 1'w Main Street) and y TOVVl�d OF BARNSTARL 1. BUILDING tNS��C OR'S OFFICE permit requirements that pertain to this type of business. BUILDING DIVISION ! �o MAIN s'r This individual s b n info ed y p HYAN1oTIS,MA 02601 horized Sign ure a �' COMMENTS: ' 2. BOARD OF HEALTH rrn• re uirernents that pertain to this type of business. This individual ha een inform d #the pe � U r Au ho:i2ed Sigrature COMMENTS: 4 3. CONsUltiIER AFFAIRS(LICENSING AUTHORITY) a of business. � � requirements that pertain to this typ This individual has b formed of �h is ,� A horEzed Signature COMMENTS: which you must . h completion of the processesfrom the various Q� for 4 ears}. A htrsiness certificate ONLY REGISTERS YOUR I+iA6�!!E in ghe'tovirvi Business certificates(cast; 21). y operate -you must get that through do by M.G.L. - it does not give you permission-to ®p departments involved. - �;..� � cam• ?�,� �''v YOU WISH TO OPEN A BUSINESS? For Your Information: . Business certificates (cost$30.00 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.) Business Certificates are available at the Town Clerk's Office, 1'° FL., 367 Main Street, Hyannis, MA..02601 [Town Hall) Ata Ora W"WX ` '' � SATE: �" / o j . E,:IMR, M3 Fill in please: N,etSy i7F.... ....... 4Ut .f I APPLIGANT'S YOUR NAME: N 9USINESB YOUR HOME AD RESS: /L5 x Q/L?rS . - k= TELEPHONE # Home Telephone Numbers 7_�� � NAME OF NEW BuSIN6S5 TYPE OF BUSINESS_ 1S THIS Aw HOME OCCUPATION?L.�.YE.S NP Have you been given approval-from the building,division?YES NO C ADDRESS OF BUSINESS 5:? 1-k y,,, /&y, �,'� MAP/PARCEL NUMBER O / O? When starting a new business there are.several things you must do in order.to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you nay need: You MUST GO TO 200 Main St..- (corner of Yarmouth Rd. & Main Street).to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COMMISSIONER'S OFFICE . This individual has been informed of any permit requirements that pertain to this type of business. uthorized ignature** COMMENTS t o IJ + ry-L t' 7 . 2. BOARD OF HEALTH This individual has been.informed of the permit requirements that pertain to this type of business: Authorized Signature** COMMENTS: . l 3. CONSUMER AFFAIRS (LICENSING AUTHORITY) This individual has been informed of the licensing requirements.that pertain to this type of business. Authorized.Signature.* COMMENTS: Do,_.:i s i01S v DS1 11-07-2005 12:06 BARNSTABLE LAND COURT REGISTRY BMNSTABLE MABB. Town of Barnstable Zoning Board of Appeals Comprehensive Permit Decision and Notice Appeal 2005-085 -DeBarros Decision - Chapter 40B Comprehensive Permit Applicant: Augustine G. and Debra M. DeBarros Property Address: 157 Hamden Circle, Hyannis, MA Assessor's Map/Parcel: Map 309, Parcel 246 Zoning: Residential B Zoning District Applicants: The applicants are Augustine G. and Debra M. DeBarros, who reside at 157 Hamden Circle, Hyannis, MA. Mr. and Mrs. DeBarros were granted title to the property by deed recorded in the Barnstable Land Court Registry on November 25, 1998 as recorded in document numbered 747,388 and certificate of title;'.. number 151042. Relief Requested: The applicants have applied for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with Article lI of Chapter Nine of the Code of the. town of Barnstable, more commonly termed the"Accessory Affordable Housing Program." The zoning relief necessary for this Comprehensive Permit to be issued is that of a variance to Section 9- 15 of the Code—Amnesty Program to permit an accessory apartment unit to a single-family owner- occupied residential dwelling. The issuance of this Comprehensive Permit would allow for an accessory affordable apartment unit in the lower level of the residence. Locus and Background: DThe property at issue is a 0.23 acre lot located at 157 Hamden Circle, Hyannis, MA. The lot was �j developed in 1981 with a single-family ranch style home. The effective living area of the main residence is 967 square feet. The accessory apartment will be a one bedroom unit located in the lower level of the residence. The square footage of the rental area is approximately 450 square feet. The lot is served by public water and on-site septic, and is located within an Aquifer Protection Overlay District. On August 1, 2005, the town of Barnstable's Public Health Division reviewed the septic and approved the property for a total of two (2) bedrooms. Procedural Summary: ` A site approval letter was issued for the property by Elizabeth Dillen of the Office of Community & Economic Development on August 22, 2005, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Cormmunity Development in accordance with the requirements of CMR 760. An application for a Comprehensive Permit was then . filed at the Town Clerk's.Office and the Office of the Zoning Board of Appeals. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the f Barnstable Patriot on September 9, 2005 and September 16, 2005, and notices were sent to all abutters in accordance with MGL Chapter 40B. On September 28, 2005 Hearing Officer Gail Nightingale presided over the public hearing. The applicants Augustine and Debra DeBarros were present at the hearing. Elizabeth Dillen of the Office of Community and Economic Development was also present. Ms. Nightingale reviewed the file with the applicants to assure compliance with all of the program requirements. Findings of Fact on the Comprehensive Permit: At the hearing on September 28, 2005 the Hearing Officer made the following findings of fact: 1. The applicants are Augustine G. and Debra M. De Barros who reside at 157 Hamden Circle, Hyannis, MA. They are requesting a Comprehensive Permit to create a one bedroom accessory affordable apartment in the lower level. The conversion of the unit to an accessory affordable unit within a single-family owner-occupied residential dwelling qualifies for the "Accessory Affordable Housing Program." 2. Augustine&Debra De Barros were granted title to the property by deed recorded in Barnstable Land Court Registry on November 25, 1998 as recorded in document numbered 747,388 and certificate of title number 151042. 3. On August 22, 2005 a site approval letter was issued for the property by Elizabeth Dillen of the Office of Community & Economic Development, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter was sent to the Department of Housing and Community Development, in accordance with the requirements of CMR 760, and no issues were communicated from the Department on this particular application. 4. The proposed accessory affordable unit will be a one bedroom unit of approximately 450 square feet, in the lower level of the principle dwelling. 5. The applicants are aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by public water and private on-site septic and is in an identified Aquifer Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved the use of the existing on-site septic system for a total number of two (2) bedrooms. 7. On July 20, 2005 the applicants signed an Accessory Affordable Housing Program Agreement Affidavit that commits, upon the receipt of a Comprehensive Permit, to the recording of a Regulatory Agreement and Declaration of Restrictive Covenants at the Barnstable Registry of Deeds. That document will restrict the unit in perpetuity as an affordable rental unit and requires that the dwelling be owner-occupied as their year-round residence. 8. The applicants understand that the affordable unit will be rented to a person or family whose income is 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and further agrees that rent (including utilities) shall not exceed 30% of the monthly household income of a household earning 80% of the median income, adjusted by household size. In the event that utilities are separately,metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 9. According to the Massachusetts Department of Housing and Community Development, as of September 28, 2005, 6.3% of the town's year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. The Town of Barnstable's.Local Comprehensive Plan encourages the use of existing housing to create affordable units and the dispersal of these units throughout the town. 2 Finding Summary: Based upon the findings, the Hearing Officer ruled that the applicants have standing to apply for an affordable housing Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's Accessory Apartment Program. The proposal is also deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the town of Barnstable without jeopardizing the health and safety of the occupants provided all conditions of the Comprehensive Permit are strictly followed. Ruling and Conditions: Based upon the findings, a ruling was made to grant the Comprehensive Permit in accordance with MGL Chapter 40B to the applicants,Augustine G. and Debra M. DeBarros. It is issued to allow for the creation of a one bedroom affordable housing unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed two persons. 2. The property owners shall occupy the principal dwelling as their year-round residence. 3. This unit shall not be occupied by a family member of the owner(s). 4. The total number of bedrooms on the property shall not exceed two (2). 5. All parking for the accessory apartment and the main dwelling shall be on-site. 6. To meet the requirements of affordability, the cost of housing(including utilities) shall not exceed 30% of 80% of the median income for a single individual for the Barnstable-Yarmouth MSA. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 7. All leases shall have a minimum term of one year. 8. The Office of Community and Economic Development shall serve as the monitoring agent for the accessory apartment. 9. The applicants must apply for a building permit for-the accessory unit, whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance, the Building Commissioner must determine that the unit conforms with the approved plans as submitted with the building permit application and meets state building and fire codes. The Health Division must determine that the dwelling is:in compliance with applicable on-site wastewater discharge requirements. 10. The applicants may select their own tenant provided the tenant meets the requirements of the program as cited above and provided that person's income is reviewed and approved by the Office of Community & Economic Development of the town of Barnstable as a qualified individual. The applicants will be required to work with the town to provide information necessary to document that the tenant qualifies. The unit shall be rented on an open and fair basis to an income eligible individual or family. Whenever a vacancy occurs, notice must be given to the Office of Community & Economic Development and the unit must be listed with the Town. 3 11. Every twelve months the applicants shall review the income eligibility of the individual occupying the unit. No later than a year from the date of issuance of this Comprehensive Permit, the applicants 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 of the unit. The applicants 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. 12. 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 Office of Community & Economic Development of the town of Barnstable shall be notified within 60 days the name and address of the new owner. 13. This Comprehensive Permit must be exercised and the unit occupied within 12 months of its issuance or it shall expire. Ordered: Comprehensive Permit 2005-08.5 has been granted with conditions. 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 of the Town Clerk. , Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17,within twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. The applicants have the right to appeal this decision as outlined in MGL Chapter 40B, Section 22. In accordance with Chapter 214, section 11 of the Town of Barnstable Administrative Code, the hearing officer transmitted a written copy of the Comprehensive Permit decision to the Zoning Board of Appeals on September 28, 2005. Fourteen (14) days have elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. s _ Gai ightingale, H ing Offi qer Date Signed I Linda E. Hutchenrider, Clerk of the Town of Barnstable Barnstable County, Massachusetts hereby certify that twenty (20) days have e apsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision ha een ip the office of the Town Clerk. Signed and sealed this day of under h—e pains and penalties of periury. Linda utchenrider, Town Clerk 4 REGULATORY AGREEM AND DECLARATION OF REST E1T FIA qD COURT REGIST N THH REGULATO/ZY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS, is made this�5�day of 0(6@6 , , 2005, by and between Augustine G. and Debra M. DeBarros of 157 Hamden Circle,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 accessory apartment in an owner occupied dwelling which will be rented to a Low or Moderate Income Person/ Family(hereinafter "Designated Affordable Unit");and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: I. PROJECT SCOPE AND DESIGN: A. The terms of this Agreement and Covenant regulate the property located at 157 Hamden Circle, Hyannis MA 02601 as further described in deed recorded herewith as Barnstable Land-Court Registry document 747,388 and certificate of title 151042. B. The Project located at 157 Hamden Circle, Hyannis MA 02601 will consist of one accessory `e. apartment unit which will be rented to an eligible low or moderate income individual or family(the "Designated Affordable Unit" or the "Unit"). C. The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No. 2005-085 and any plans submitted therewith and all applicable state, federal and municipal laws and regulations:Said permit is recorded herewith as Barnstable County Land Court Registry document /4 PM, and certificate of title A/IA- D. The Owner agrees to occupy the principal dwelling unit located on the property as their year round residence in accordance with the terms of the comprehensive permit. IL THE OWNER'S COVENANTS AND RESPONSIBILITIES A. THE OWNER HEREBY REPRESENTS, COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and decent housing to persons earning at or below 80% of the area median income of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. 2. The Designated Affordable Unit shall be rented in perpetuity to a household with a maximum income of 80% of the Area Median Income (AMI) of Barnstable-Yarmouth MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable- Yarmouth MSA In the event that utilities are separately metered, a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable Unit will be retained as a permanent,year round rental dwelling uuut with at least.a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement. 5: The execution and performance of this Agreement by the Owner.will not violate or, as applicable, has not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and will not violate or,as applicable, has not violated any provision of any indenture, agreement,mortgage, 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. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth Metropolitan Statistical Area (MSA) and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable-Yarmouth MSA. In the event that utilities are separately metered, a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent, as designated by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,a copy of the lease agreement and the rent charged for the unit or units. Such information shall also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent, as designated by the Town Manager,within thirty(30) days of the date that a tenant has vacated the Designated Affordable Unit. IV. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifying that the Designated Affordable Unit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth MSA and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of the median income of Barnstable-Yarmouth MSA.In the event that utilities are separately metered,'a utility allowance established by the Barnstable Housing Authorityshall be deducted from the rent. V. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or, if the Project consists in whole or in part of registered land, file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court(collectively hereinafter the "Registry of Deeds"),and the Owner shall pay all fees and charges incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the Municipality evidence of such recording or filing including the date and instrument, book and page or Z registration number of the Agreement. VI GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid, return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate, including but not limited to awards,judgments, out-of-pocket expenses and attorneys fees necessitated by such actions. 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 deed recorded herewith as Barnstable Land Court Registry document 747,388 and certificate of title 151042 and shall be binding upon the Owner and all successors in title . This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in deed recorded herewith as Barnstable Land Court Registry document 747,388 and certificate of title 151042. XI. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated Affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner-and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case may be, thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit, the property which is the subject matter of this restrictive covenant,.. shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. 3 . )GI. SUCCESSORS AND ASSIGNS: A. The Parties to this Agreement intend,declare, and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends, declares, and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein shall be and are covenants running with the land,encumbering the Project for the term of this Agreement, and are binding upon the Owner's successors in title, (ii) are not merely personal covenants of the Owner, and (iii) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. )(III. DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and conditions hereof. The, Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to secure payment of such costs and expenses. The Monitoring Agent may perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. )(IV. MORTGAGEE CONSENT: The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees.have executed consent to this Agreement. IN WITNESS WHEREOF,we hereunto set our hands and seals this,?/—day of �P COY ,2003 OWNER OWNER BY: BY: Augustine G.DeBarros Debra M. De arros COMMONWEALTH OF MASSACHUSETTS County of Barnstab�,ss: On thi ay of 20ySbefore me, the undersigned no public,personally appeared the Owner(s) ,proved to me through satisfactory evidence of�dentification,which were , ,-J 0 ' 2 , to be the pe.ison(s) whose name(s) is signed on the preceding or attached&octirnent and acknowledged to be that he/she signed it voluntarily for the stated purposes. Notary Public Printed: My Comnussion Expires: MADELINE P.T LA OR Notary Public Commonwealth of Massachusetts My Commission Expires December 4,2009 TOWN OF BARNSTABLE BY: TOT.N MANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ss: On this day of bVeI l 200Sbefore me, the undersigned notary public,personally appeared the Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were ,z,Q.Q ady\, ,to be the person whose name is signed on the preceding or attached document'and acknowled d to be that he/she signed it voluntarilyfor the stated purposes. Notary Publi Printed: S Oaik My Commission Expires: J E lYNNOM40910N 33_NIHSJdG A 5 VE 1p� The Town of Barnstable 63 � Office of Community and Economic Development 230 South Street Hyannis, MA 02601 Office: 508-8624678 a Fax: 508-862-4782 July 20,2005 Mr.John C.Klimm,Town Manager Gary K Brown,Town Council President Barnstable Town Hall 367 Main Street Hyannis,MA 02601 Y s Re: Augustine &Debra DeBarros- 157 Hamden Circle,Hyannis - a single-family accessory unit Gentlemen: This letter is to inform you that the Accessory Affordable Housing (Amnesty) Program has received a request for a project eligibility letter under the Community Development Block Grant (CDBG) Fund and under Article II of Chapter Nine of the Code of the Town of Barnstable and the criteria for the Local Chapter 40B Program This office is reviewing the request.If the Town has any comments on'the project,please forward them to me so that they can be addressed in the site approval letter. This letter gives you official _ notice of our receipt of the above application(s). We will issue a decision as to the acceptability of the sites and the consistency of this development within the guidelines of CDBG. cerely, �. r E ' beth Dillen rogram Coordinator Community&Economic Development -00-00 cc: Town Attorneys Office Building Department Public Health Department TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel Permit# �q Health Division Date Issued Conservation Division 10 ve-CA11 Fee ,1.25 oG Tax Collector SEPTIC SYSTEM MUST BE Treasurer � j IpI�?y INSTALLED IN COMPLIANCE WITH TITLE 5 Planning Dept. ENVIRONMENTAL CODE AND �D Date Definitive Plan Approved by Planning Board TOWN REGULP 100N 5 Historic-OKH Preservation/Hyannis ' Project Street Address �7 - 4�&O eir) CeX c&2 - 9 Village 1 12,Q/ Owner Address Telephone ! ,f" 72/-7w 1Z S Permit Request �j,/�-i'�ClrG &2z22,e /e&g_,c� /y 51,Ae d " Square feet: 1 st floor: existing proposed 2nd floor:existing proposed Total new Estimated Project Cost Zoning District Flood Plain Groundwater Overlay Construction Type 44-2X Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family 2, Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes 2 o On Old King's Highway: ❑Yes ©'Iq0__ Basement Type: CYull ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half:existing new Number of Bedrooms: existing_ new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: ZGas ❑Oil ❑ Electric ❑Other central Air: ❑Yes ❑No Fireplaces: Existing / New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes. Qr11`o If yes,site plan review# Current Use Proposed Use BUILDER INFORMATION NamevVl -ems Telephone Number Address License# Home Improvement Contractor# Worker's Compensation# i ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE r' DATE _ a7-' a .. t j FOR OFFICIAL USE ONLY { --sue - !BSRMIT NO. ` y DATE ISSUED z r l MAP/PARCEL NO. l 1 r ADDRESS _ VILLAGE i OWNER __ r DATE OF INSPECTION: 1 FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGE FINAL PLUMBING: ROUGH-- a . FINAL ' GAS: ROUGH '"� " FINAL r - bTl _ FINAL BUILDING: ] 41 DATE CLOSED OUT ASSOCIATION PLAN NO. LIVA, OA AMPA TO ALL NEW E':JSINISS OWNERS LL lll����.�?ll/.• .. NAME OF 'i�OSPE 'il'E ProcQuL -1' BUSIN 's oa vv, I�4 •o. PE OF BUSINESS: "1=, I �1/,G(Qo ���vGf► AQOAt=SS OF BUSINESS: / wta v► &4AP/PARCEL NUMBER 309Zo`�� a few thins you need to do in Order If you are starting a new business there are quitens.of the _w g of Barristable. Once u have to be in compliance with all rules and re uleti for a business certificatet the Town Clerkes been checked off on this sheet you may apply office(Isoloor-Town Hain. ` the Building Inspector's office(4th Floor Town Hain 1. Go to g This individual is in compliance and has permission to start a business (Building Inspector's signature Go to the Licensing Authority(Consumer Affairs)office(3rd Floor School Adm.Building) `. .. ai has been info of any licensing requirements that will This indnndu i u� pertain to this business. natural: (Licensing Authority si g (bed and breakfast).farm Produce. in to do with foo , lodging(b must go to If your business has anything .or animals you of the _ hazardous waste ma sis (dry cleaning etcl automotive repair, the Board of Health. If it pertains to any of the above proceed to d e of the above—take ell to the Board of Health office. If your business has nothing to do any this form to the Town Cerk's office now and you can get a business certificate. 3• __ This individual is in compliance and has permiio'n e �at ddres a business (Board of Health Inspector's signature) in to do with food liquor or junk.your last ff your business is a bed and breakfast or has anything second floor Town Hain. stop before the Town Qerks office is the Town Manage4. r's office This individual is in compliance and has permission to get a business certificate. (TownManager's office) Once this for m is complete you can be issued a business certifica - This form will be filed With your certificate in the Town Clerk's office. FILE # RIP 13511 CENSUS TRACT # 126 CLIENT: DEED BOOK PAGE OWNER: Julie M. Mullins PLAN BOOK PAGE LO APPL"iCAN•i: Augustine DeBarros & Debra DeBarroASSESSORS PLAN PLOT MORTGAGE I NSPECTI0N PLAN of LA.ND' LOCATED AT 157 HAMDEN CIRCLE SCALE : 1�� 30' BARNSTABLE, MASSACHUSETTS NOVEMBER 23, 1998 ry L01 lo:_ j 7 �1 �4U C-) ( LD�T 104 L_I # 157 �rK - Y , 0 4 0 U, Cz iY l-5F1Ep U r� 45.50 ou 1` H AM D EN CI ROLE I CERTIFY TO DUNNING, FORMAN, KIRRANE, 9 TERRY, NORTH AMERICAN MORTGAGE CO. , AND ITS TITLE INSURANCE COMPANY, THAT THERE ARE NO VISIBLE ENCROACHMENTS OR EASEMENTS EXCEPT AS SHOWN AND THAT' THIS PLAN WAS PREPARED UNDER MY IMMEDIATE SUPERVISION , THE LOCATION OF THE DWELLING AS SHOWN HEREON IS IN COMPLIANCE WITH THE LOCAL APPLICABLE ZONING BY-LAWS WITH RESPECT TO HORIZONTAL Yr' �;•:.�`-�"='.'"*�' DIMENSIONAL REQUIREMENTS KFrNET \,.. R. THE DWELLING SHOWN HERE DOES NOT 'FALL WITHIN �" A A SPECIAL FLOOD HAZARD ZONE -AS. DEL I NEATED -ON A MAP OF COMMUNITY #250001-0005C DATED 8/19/85 BY THE F. I .A. ! `_ ►_ ;ii i s ..' �`' <. Kennel.1i R. Ferreira ' . Engineering, Inc.' 11..0.Unix 1903 New Bedford,MA(12741-1903 • Te l:50N 9)2-0020• 1°ax:508 992-3374 i GENEM NOTES: (1) the declarations made above are on the basis of ■y knowledge, information, and belief as the' . result of a mortgage plot plan tape :survey. inspection made to the normal standard of-care of registered land surveyors practicing in Massachusetts. (2) Declarations are made to the above named client only as of this date. (3) This plan was not made for recording purposes, for use in preparing deed descriptions or for con— . structions. (4) Verifications of property line dimensions, building offsets, fences, or lot configuration may be accomplished -only by an accurate instrument survey. - sriu.m+ra .f wE+Crt.c14AlR RAMP FbR ; AJGUSTtty= pa jars a5 � S� 1'Ti�DI� IJ c i p� - : Hy&oolq � MA , MAX 15T 5p,4tj ? .,_-- HFAD�5k - qPL) goyTCD ,. AND Jt�iS T- _ o,c,- ALU5rCt?S - /' r NA rms - qxq vos is TH-RJ ED 2K(, C q . Lf 29 . P65�. c�eg f5 r N D POS T 5 X C.c 4 nA _ 9 2� sT�t QS GRAD 5 Ti FrFt\j RA-I L. � f Lt po Li Li FX15TINCt J)FC K xX P05f5 GLENS MFADCRL— A51ML-T 50Rr-Ace_ iµro UlooC) B�GTED P�Escvr C- A tip �RF_AT G-0 71 14A FR5 A4 c�00TR/rG-TbIZ P[Z-b FOR ., B D B Pro lz Is'o A L) 57 iN 1= k R jzc)5 u 1 t hi-, L-L IIL1.. r_- 9FI) 3953 -255 E5T MAT 14YA NN15 ,1 M 1; , Cris T z�RID 14 1c its �t 10 c?3q9o2 FcLe DoNjAT utitI3CR -4- 1— PKC, 5FD WRGrL,cNF�r ►2 � M� F6R � A0GUSTIN C) f ad. a5 �IYl4NNl5 , MA . MAX J r is T 5 PAN 7 O,C, iFAt_u5 r C0.5 AND E-x15 TINGE p F-c k Fos t5 TH-Ro J38LT F-r,> 2x 4 C 4 �9., - - •C , - - (des e�e4�5 r N D PVS T5 1)Ec i� (V F ot-p �G�o� sTAtQ$ GRAD: 5 T,FrEN RAt I V MM V) W ' F-XIST(Ncr 1 l-2- X L ZX� lG o .c J)Eck CLEATS rt� HEADER A L[- Aspiwj 502r-AcF T14p0 �oUD DOLT ED F5$u P G. AND �RFAT E-0 71 Jo;sf CC✓1JTR/*r--T P(ZvPosc-p GE(-c-RA 2/}MP Fog ' B0.5 1-1.0 R IZts'oN AU(WST10 f:- bc �A ��flS -39 E5TlMATGC> Nth NN15 � m A C©S T zGRo P tc csr, - . o3ggo2- t�ILC 00NJAT�—: iy LuMBCR -4- !A,-130R 111v J. vT♦ ii vs M..w 9 $ Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: S08-790-6230 Building Commissioner Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work: Estimated Cost Address of Work: i- 2 /zl� Owner's Name: Date of Application: /t 9 I hereby certify that: Registration is not required for the following reason(s): Work excluded by law [lob Under S1,000 Building not owner-occupied Qwner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner. Date Contractor Name Registration No. ?� R It :6 �S Date Owner's Name q:forms:Affidav The Commonwealth of Massachusetts =7==J I Department of Industrial Accidents Office otlasest doff os _ 600.Washington Street Boston,Mass 02111 Workers' Com ensation Insurance davit name: location city phone# U — I am a homeowner performing all work myselL ❑ I am a sole etor and have no one working is anv ca icity /% //////%///%%/%//%//%//%//G//% %%///%% ' ////%/////////%%//y%//G//////%//%%/ I am an employer roviding workers' compensation for my employees working.on this job. : ':. ::::::::::::::: ::::: :: :: :: :. Com anv name. X. CItV• p h on e#. insurance co. oiicv ❑ I am a sole proprietor,general contractor,or homeowner(circle one)and have hired the contractors listed below who have efollowin workers'compensation polices: mP .....................:::..: : ::.<;.: . .;;::.; .;:..;the S ...........................::::. :::..::::::::::.:.::::::::::..:.. . ........................ R. nV name: >:::<>::;::;::;;:::;;. >:,::::>::>::;;:;:;<:::::: coma .:::.::::;;;..;; ....;:::..::.•::;:.;::>.;:;>:.Y;::::>;:Y>:<:..: n:. ?: :::: :::;..;:::. ares .........v::.:.............• .... ................................ r:x:::::::::.vn4:Y:•:•- :•i:::i hon city Y.......... ....................:....:::... h........ ....... . ...... .. ..... ..............:a...-v..r................................. .......................................... w.:vw::::Yi.4.t�w•nv....?>:•:h':"�:i'hi?: ..::.i":..::::::....::::::::::..::::: ...... 4'.iti•YY:v::::::::•.?{is�Y:•i:^:i•Y:•Y:SiY::ibyY::^:::::::v:::<.�{.?}YYY:i}'.::4iiiY::.:yY+>:•i:}'::Y:::�:vi:L:: �.#:::::.i}:�: i.:{t•::?ii}::..:x:.Y:•:n:?•iiti.::':j;i:ij::::i:}ji..: iosnrance�co. _ .:;.:.::::::::.::.:: ..... ..: .:... . ..... . oil :..:: address. city- b on ...:::::::::........................................... ..,.,.::...............:.:.:::::::::.::.:::....:::.:............::: ;..:.........:..... <:.>::;.:;Y:«,......;:;;;.Y:.: ::;.Y:.Y;::.Y:.::.;>:;;..;:;Y:.:.;:.;;::;-Y::<:<;:'«<::.;;:;.;:.;Y::.;-<>;:.:;.;;:•>;::;:;; ev#.... :.:...:.::...::::::.::.::..::.:::::::...................:.::::::.:: ::...:::.......:::.: Fafinre to secure coverage as required under Section 25A of MGL 152 can lead to the Imposition of crhninai penalties of a Sae up to 51,500.00 and/or one years,Imprisonment as well as civa penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that a COPY of this statement may be forwarded to the Once of Investigations of the DIA for coverage verification I do hereby certify raider the pains and penalties of perjury that the information provided above is truw and eorred Signature Date /°�. �h3p Print name��� 4'u�.. /����i� /Jt /)-i�,��.I Phone# 5—��' ��/—�!�/_�_ oinc al use only do not write in this area to be completed by city or town official city or town: permitNcense# E3Building Department ❑Licensing Board E3.check if immediate response is required ❑selectmen's Office ❑Health Department contact person: phone#; _ ❑Other. armed 9/95 PIA) �rw►�� . Office: 508-862-4033 Raioh Crosse. Fax: 508-790-6230 Building Comr::: H031EOIVNER LICENSE EXEMPTION � Plwe Fria: •• DATE eir t / / o 1013 LOCATION:-V'r��� /��� /`��-1L!<� aamoer stew rtI o� -HoMEowNER-: h ®s �''7'�i--'�a� -�•.3a� n home phone h worm phone s CURRMTrMAUMGADDRESS• /•� �i�� /�ia�/iA�la �"` eirynown Siena rip code c:zsre�exemption for Ohninemmm& was emended to include+_led dweliinim of six units or less and to allow bomemmus to engage an individual for lure who does not possess a license, vided that the oymer nets as see er DEFJNNON OFROMEOWNEtt Person(s)who owns a parcel of land on which helshe resides or intends to reside,on which these is,or is intended to be,a one or two-family dwelling,aged or detached structures accessory to such use andlor farm stracmress. A person who constrQea more than one home is a two-year period shall not be considered a homeowner. Such"homeowne shall submitto the building Official on a form acceptable to the Building Offcial,that h ;be shall be=onsible for nit_cnch wm*rerfmmed tmder the buitdincr"ern ic. (Section 109.1.1) e undersigned"homeowner'assumes responsibility for compliance with the Slate Building Code and 'ni other applicable cedes,bylaws,roles and regulations. The undersigned"homeowner'certifies that helshe understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that helshe will compiv with said procedures and requircramm SJ of Homeowner Appmva!of Building OMcia,, Note: 'Three-family dwellings containing 35,000 cubic feet or larger will be required to comviv widi the State Building Code Section 127.0 Constracrion Control. HOMEOWNMIS EXEIIIPZTON The Code status that: -Any homer petfor=g work for which a balding percent is required shall be exemat from the provisions of this section(Section 109.1.1-,.teasing of cm=ucaon Supen iscrs).provided that if the homeowner engages a person(s)for hat to do sit&wort ibusuch Homeowner sbW as as supervisor." the responsibilities of a supervisor(see Many hozmem mers who use this exemption air tarawm that they m assuming respo P Appendix Q.Ruies&Regulations for Llc==g Constractioa Supervisom Seedon 2.15) This lack of awareaess often results in serious problems.partitasiar,y whey the honmamer hies ual,cetaed pasom In this case cur Board cannot Proceed against the un,icensed poison as itwould with a licensed supervisor. The homeowner acting ns Supervisor is uithaareiy responsible. To ensure that the homeowner is fully aware of Itislher responsibilities.manl wmmmiti ues require,as p= . the permit appiica=n.that the homeowner certify that hrishe understands the responsibilities of a Supervisor. On the last page of this issue is a form carretttly used by severs,towns. You may cars to amend and adapt such a formlcersiftcation for use in your conununim. Q:FORRIS:E.YEy1P'1�1 1 y �o r 4,3 Q ,Gar Q � o 4 i p6 52 GG'� �-��`s.se N� �✓I ,4 s� t r � Y aCf�7-14.1V co eL r �> 0 < a w 3 SCALE /" =3D" JrAN. 1976 cj O w ~ z a AlOA71VAAI G20SSMA1V a z F' acvNE�e C",442 4ePXS cr �ZN OCi f MfL^o 40 Z f10RMAY U N lL• v GROSSMAN ,p 12115 o At,� twQ�6,7� 04` �9� SURD THE TOWN OF BARNSTABLE 19953 2f16, 'S 1 Permit No. ------�--/------------------ Building Inspector /11�aar�r�ac Cash OCCUPANCY PERMIT Bond --_- No building nor structure shall be erected, and no land, building or structure shall be used for a new, different, changed, or enlarged use without a Building Permit therefor first having been obtained from the Building Inspector. No building shall be occupied until a certificate of occupancy has been issued by the Building Inspector." Issued to Codar Aeries Roalty Trust Address South Yarmouth lot #104 157 Hamden Circle, Hyannis Wiring Inspector �/F/��yw —� Inspection date ^ Plumbing Inspector Inspection date Gras Inspector it 1f Cr,1 feln Inspection date -f r Vf rJ v...,,, - Engineering Department ;�W ,,.- ,-, Inspection date THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS. 3 19......_76 � ....................................................... ........................................................................ ..................................._._ Building Inspector iTXt> �.:. L�.'.. TOWN OF BARNSTABLE permit No. ____________:3.3 - � - Building Inspector "j,:j- XYL Cash — -- - ------ OCCUPANCY PERMIT Bond -----__---------_---_____ "No4 building nor structure shall be erected, and no land, building or structure shall be used for{a new, different, changed, or enlarged use without a Building Permit therefor first having been obtained from the Building Inspector. No building shall be occupied until a certificate of occupancy has been issued by the Building Inspector." Issued to Cedru, Aerea Realty TruCt Address South Yamouth log 104 157 Hamdon Circle, Hyanniu Wiring Inspector r� Inspection date J Plumbing Inspector Inspection date r r Gas Inspector Inspection date Engineering Department Inspection date THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS. (1171 ....................................................... 19......__ .,�✓�,*�G-�' . .................................................................................................................. Building Inspector Assessor's 'map and 'lot number ...l.'./ .�®...... Sewage Permit ,number WITH ARTICLE ANC ..................................... ... ............... COMPLI LE 91 S�'ATE .HEt TOWN OF BARN rXOKETO�*SANITApy :a y1MY , `L�✓i BUIrLDING` INSPECTOR a �� N � • sue. art `l' A�. '_ti ° APPLICATION,FOR='PERMIT TO In ................. .. ..... . ................................... ............................................... c TYPE OF CONSTRUCTION ... 1 ... ... . Z :...... ...... .... .......... . .............. ............. .Ly! .""_� �.....19.. TO THE INSPECTOR OF BUILDINGS: 111AM �A The undersigned hereby applies for permit acc, rding to the following information- Location ...... r Location ...... ...../. .. ...: ... .. � ProposedUse ............. AA/_4. ...................................................................................................... - Zoning District .......................................................It...............Fire District ............................. Name of Owner. ..1/�`�..�� ..��� .. d ....Ad rei ..........' �...... y7 � .. Name of Builder � ;� ���`�Atddress ................. .�1'� :<-?�. .. . .. .. ...... .. Nameof Architect ...... .............................Address ..................................................... Number of Rooms ..................... ............................................Foundation ..... P7' �?'`"C ...�:..... � Exterior ....,/ �ti �'� ..:�f�'/ t... . ... .....Roofing ...� . .. ... . a ... . /I /. .. �... Floors F �... . ................ Interior ........ ..�. t .......................... Heating .. ...Plumbing .................� ,�� ................... Fireplace .................. /" ..............................................Approximate Cost ............../...., .......... .. ....................... Definitive Plan Approved by Planning Board ________________________________19________. Area /...... .... ..................... Diagram of Lot and Building with Dimensions Fee t .....��.................. SUBJECT TO APPROVAL OF BOARD OF HEALTH 4" x� I I hereby agree to conform to all the Rules and Regulations of the Town 'of Barnstable regarding the above 9 4 construction. ` L Name .` �f, .... .......... J Cedar Acres Realty Trust ENo � i ". Permit for .Single................. Family Dwelling t " ..r..............: .................................................... -157 Hden Cir Location am �� Hyannis c,....+........Cedar Acres Rea1t....Trust......... Owner ............................................ .................... Wood Frame Type of Construction . ........................................ " ........................................................ _.................... Plot ............................ Lot .................. ......... 'Feb. 14 � 78 Permit Granted ► l- J_ •: = r - a' ..........19 Date of Inspection :19. Date Completed - . 19 1 • `"'' ' r 'ice_ - �•.x /? � Y! t- PERMIT REFUSED ....................*............. ............... .19 �t , N`ram.. . ` 1 j ✓r " .'Y� " f! . ^................................................................ .............. ......... ...... �.. ..................... ......... •¢ ! t 1 a^: fy �'Jy f i _ - yf "'*" ` • .... .............................. .................................... J s � .. .,� ..•, ji•t i ...................... ............................................ Approved '. ........................................ 19.�� • ;% �, " f,: t I-` ............................................................................... ! t i ............................................................................... Assessor's map and lot number .......................................... Sewage Permit number .......................................................... FTNErO TOWN OF BARNSTABLE i BABa9TABLi i "6 9 DURDING INSPECTOR u APPLICATION FOR PERMIT TO .:............. .................................: ......... ................................................ TYPE OF CONSTRUCTION ......../T/ r'?-.. '... ' .:....:'.. . ..............:............................................... ......... .. .................. ......19........ TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit acc rding to the following information: lei ' Location / . jam........ . ................. ProposedUse ........... ..� � . ... ............................................................................................................. ZoningDistrict .......................................................................Fire District ............................................................. Name of Owner . .. •..• Name of Builder ,�? ....... m' r;'�� lddress ......'........%!. c--a�,. .�„. . !: y, ..... "` Nameof Architect ...................................................................Address .................................................................................... , Number 'of Rooms ................A-.,,f.(............................................Foundation Exterior G . ..C'k � ' � ...'�.� .:�, r2r . ...Roofing :�. ,, / A... ...1,4 r� ,... Floors .. : .: ..............................Interior ...........o.y, L,. . . - .......................... f g , ... . !r1� ' 1w1 r.7. Plumbing f .� ", f�'y..Heatin -G . . h., t�. 7Fireplace 4)., e ............................................Approximate Cost ............./ fle ................ Definitive Plan Approved by Planning Board ________________________________19-------- Area ...... . .. .. ............... Diagram of Lot and Building with Dimensions Fee ............................................. SUBJECT TO APPROVAL OF BOARD OF HEALTH r _ }( l Ji a I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. z 17 Name .... . ... {`'✓'... 4 c t' ............ - f 1_ Cedar Acres Realty Trust N 0, Single -woop-- ...... Permit for .................................. 4PL Ae....... ... Family Dwelling ................................................................................. Location lvt�-- 57 Hamden Circle ................................................................ Hyannis ...........I.............................................. ..................... Cedar Acres Realty Trust Owner .................................................................. 'Type of Construction .........Wo.o.d..R.r.ame................ . .. .. . ...... . ................................................ .............................. Plot ........................... ........................ Feb. 78 Permit Granted ................. ......................19 Date of Inspktion .......... ...... .................19 Date Completed ........................19 PERMIT-REFUSED ............................................................ .... 19 . .................. ... ............ ....................... ............................................................................. ................................... ........................................... Approved ................................................ 19 .. ................................................................................ ............................................................................... Assessor's map and lot number ... ..�.. .q ,;,. .�W _ SEPTIC SYSTEM �oFTHEra�—_. "ewage Permit number. INSTALLED IN C MUST NC F ........... . . . .. . .� � COMPLIANCE WITH / SANITARY II STATE EAUSTADLE, House number TARY CODE AND TOW '°o t639 REGULATIONS. r----- . hl — TOWN :OF BARNSTABLE s BUILDING INSPECTOR APPLICATION FOR PERMIT TO F ....................................................... TYPE OF CONSTRUCTION f.. ..............19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies fo_/r a permit according to the following information: Location ......... :1 ... ... .� ZV: ....... f.Y' ' (C...............l.ZE!Gk7.1. .......................... r .:f. ProposedUse ..:.U..� �. ....................................................................................................................................._.......... ZoningDistrict ........................................................ .Fire District................. .............................................................................. Name of Owner �......................Address .....1. 7.L7.'.?:f Z.... .1.Pn/q'........................ Name of Builder ...Pa.L41......... ...................Address ...�97..1961.Ot.. .... ........ ?l:�i.. .Name of Architect ................................................................:.Address .............:....................................................:.................. Number of Rooms ........... ..................................Foundation Exterior .... .. ..X....l. .........de,ak....................................Roofing .................................................................................... Floors .................................................................Interior ........................................... Heating ..................................................................................Plumbing ...............: Fireplace �� .......Approximate Cost �j .. Definitive Plan Approved by Planning Board ---------------____-----------19________. Area ................................. ......... ......................... Diagram of Lot and Building with Dimensions Fee 7� SUBJECT TO APPROVAL OF BOARD OF HEALTH S Kj l A�d � V t r �---- 4Ye, �! ! '�K ys` '✓ S . I hereby agree o con arm to all the Rules and Regulations of the Town of Barnstable regarding the above construction. G la'Name ..... .... . ./l....�.. .... .........��s...���......... Burfitt, Fred } F x No , 20585 Permit for ....•••deck .... .................................... Location 157 Hamden Circle ........................Hyannis........................................ Owner ..........Fred Burfitt............................... n Type of Construction frame ............................................................................... Plot ............................ Lot ................................ Permit Granted ..........September 18 19 78 Date of Inspection ....... ......../ .. ..:........19 ' Date Completedy .........19 PERMIT REFUSED ................................................................ 19 ✓' ! i , ....................... .................................................... r ................................................................................ .......................... .......................................... ... ,.� v ............................................................................... ��� .' • ', , � ,. Approved ....... ..................................... 19 a 3 ........... ...... ................. Assessor's map and lot number !�� . I t, t ( (r(J.. / �pF THE TOE--- 0Sewae Permit number ......... r � .^...!,:. r ro�P ♦� / 11 MAWSTADLE. i House number ................................................... s� Mb 9 9� - - TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO ........... t ................ t) <". .................................................:.......... TYPE OF CONSTRUCTION ..... ..... !`' ': '" D r..................�.....�:......................................................: :................ ....... 9..............19?9 'r' TO THE INSPECTOR OF BUILDINGS: I The undersigned hereby applies for a permit according to the following information: Location 7 t� �i►.�.rG.,,. ! t"I /,�? 1 �a/r� Ir Rt ,2 ........ � `.. aa ... .. ........ .. .. ........ ProposedUse ybC,.............................................................................................................................`.......................................... ZoningDistrict ........................................................................Fire District .............................................................................. � /,Name of Owner .�1!Y�:......�.!;r!1r.`.F`?.... .........................��� Address �' Name of Builder ...1'/1 / �r45 / .I�+oMel Address ......,........,................................................................. . .Name of Architect `"'` ................Address Numberof Rooms ...........:°..-..:..............................................Foundation ....................................................................... Exteriorf �y (-./ ,..................................Roofing .................................................................................... Floors ......................................................................................Interior .................................................................................... Heating ...............................................................Plumbing ...................:.............................................................. Fireplace ..................................................................................Approximate Cost . � ............................................ Definitive Plan Approved by Planning Board ________________________________19________. Areaf P.......................................... Diagram of Lot and Building with Dimensions Fee ............................................. SUBJECT TO APPROVAL OF BOARD OF HEALTH f A d / f I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ........... / (.r ..................................:.................. Burfitt, Fred ",A=309-246 No ..20585.... Permit for deck .................................... ............................................................................... Location .........157 Hamden„Circ ,�................. Hyann . ....................................... Owner ...........Fred Burfit.fir............................. ...... Type of Construction .........#:r:a=....................... ................................................................................ Plot ............................ Lot ................................ September 18 78 Permit Granted .......................... .............19 Date of Inspection ........................... :.......19 Date Completed ............: ........................19 PERMIT REFUSED .. .. 19 �. J... ..................... .......... ... .................. .................. ................................................... .............. Approved ................................................ 19 ...............................................................:...............