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Home My WebLink About0132 LAFRANCE AVENUE r � } j e i t a� � c _ ._�_ _ i I ti �� ---.-.. r i. i �� i I r \ + IJ �� Uls4- I� r Gl� __ � __ �r� �� ---- ��;��- �� l ;� ,. i N 1+-. �,�. i. I I Richards Tree Service Tree Removal, Limbing, Stump Grinding, Full Tree Service J Steven Richard i / ! Phone 774-238-2687 Mail: 132 LaFrance Avenue, Hyannis, MA 02601 FrIEmail: Corvett e50olst@gmail.com� te5001st@gmail.com Fully Insured MWO � I''a. F • ' i r -� r Town of Barnstable Building Department �oFSHE r ,t, Brian Florence,CBO Building Commissioner fARNSPAaLE, 200 Main Street,Hyannis,MA 02601 MASS. v� 039. ,0� www.town.barnstable.ma.us pTfD MA'S A Office: 508-862-4038 Fax: 508-790-6230 Approved:, Fee: Permit#: HOME OCCUPATION RAGISTRATION Date: Q (�J Phone#: 77��Sg—A97 Name: �T�e e G Address: /3� �� +��e— /¢��— _Village: Name of Business: � Type of Business: _Map/Lot: INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4-1:4 of the Zoning ordinance,provided that the activity shall not be discernible from outside the dwelling: there shall be no increase in noise or odor;no-visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes;and no increase in air or groundwater pollution. After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: • The activity is carried on by the permanent resident of a single family residential dwelling unit,located within that dwelling unit. • Such use occupies no more than 400 square feet of space. • There are no external alterations to the dwelling which are not customary in residential buildings,and there is no outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. • The use does not involve the production of offensive noise,vibration,smoke,dust or other particular .matter,odors,electrical disturbance,heat,glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities. • Any need for parking generated by such use shall be met on the same lot containing the Customary Home Occupation,and not within the required front yard. • There is no exterior storage or display of materials or equipment. • There are no commercial vehicles related to the Customary Home Occupation,other than one van or one pick-up truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • No sign shall be displayed indicating the Customary Home Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included • No person shall be employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. I,the undersigned,have read and agree with ab ve restrictions for my home occupation I am registering. Q Date: Applicant: Homeoc.doc Rev.10/17 Town of Barnstable Building Department Brian Florence, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.bamstable.ma.us Pre-application for Business Certificate Date Map Parcel Applicant Information Applicants Name_ e,,e�J (�,ri�•(C/ Applicants Address J330` Email Address Co ram _ LS��/fie r,c V, c-ap" Telephone Number 77y .9 38- a87 Listed ❑ Unlisted 2 Business Information New Business? ----------- --- ------------------------• Yes No Business is a registered corporation? _______ __ ____________- Yes N If yes Name of Corporation Does business operate under the registered corporate name? Yes No Is the business a sole proprietorship or home occupation? _______ Ye No If yes then a Home Occupation Registration is required-See Building Division Staff , Name of Businesss k G ,�fL %('�' �24'�� G,J2.- • Business Address /3A 0.2zd Type of Business 7l�e . r.,,�G�e Building Commissioner Office Use Only' ' Conditions Building Commissioner ', Date- Clerk Office Use Only ll An individual,, partnership or corporation loin« business under a name, other than their own Y partnership l name or incorporated name, must file a Business Certificate. Any individual,partnership or corporation doing business under a name, other than their own name or incorporated name, must file a Business Certificate. The certificate fee is $40.00 and is valid for 4 years. The Business ' Certificate form is must be submitted to the Building Division for review and signoff by the Build:in,, Commissioner. The form is then submitted to the Town Clerk's Office for processing. Town Clerk Building Commissioner Barnstable Town Hall Town Offices' 367 Main St, Hyannis 200 Main St; .Hyannis r 508.862.4044 508.862.4038 Udder the provisions of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5 of the Mass. General Laws, business certificates shall be in effect for four years from the date of issue and shall be renewed.each four years thereafter. A statement under oath must be filed with the Town Clerk upon discontinuance or withdrawing from such business or partnership. Copies of such certificates shall be available at the address such.business is conducted and shall. be furnished upon request during regular business hours to any person who has purchased goods or services from such business. Violations are subject to a'fi:ne of not more than three hundred dollars, (S300.00) for each month during which such 6olation occurs. The issuance of a Business Certificate does not imply that all relevant licenses required to legally operate this business have been obtained or are current. This certificate only records that a business is being conducted. TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel / 7 Application # Health Division ,i Date Issued 'Z`1` Conservation Division I-= co Application Fee ut) Planning Dept. J Permit Fee Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation/ Hyannis 9 / zaickli Project Street Address /J 2 41 Village �Q �/S Owner ,Zd' �./��,6 ,v of 1 4 �. Address 4L44 01 Telephone 5-9 r737 Permit Request /'W fI I J. � T G�� S I ��,� �� s'a- Ge ZE6 1�4 Yam' ��yf�d� e� Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain (fGroundwater Overlay Project Valuation Gam; 0 Construction Type /�, /�1/D 0 Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family 61-- Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes °a'No On Old King's Highway: ❑Yes allo Basement Type: ❑ Full ❑ 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: ❑ Gas ❑ Oil ❑ Electric ❑ Other Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing 0 new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOME_OWNER). Name �'��°� l�,� /l�sv//a-�D.� Telephone Number 379-72 6__�l Z /Y-- f Address / ��.�J2 ®,E./ C,��2 License # , ✓�"7Z�� >� Home Improvement Contractor# fL5--3,SG 7 Email01)/-hy4r/A ,�p�Go��ly!�� es_.k0 1�Worker's Compensation ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE 2Lf��//� FOR OFFICIAL USE ONLY APPLICATION # DATE ISSUED MAP/ PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL ' n l v GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. r Town of Barnstable ttegulatory Services nrwm� Richard V.Scaly"Director 1639. , # Building Division, Tom Perry,Building Commassioner 200 Main Street,Hya mis,-MA 02601 www.town.barnstable;ma-uS Office: 508-862-4038 Fax: 508-790-6.230 Pwpexty Ovmer Mush , Complete-and. Sign This Section, f using, A Builder I re-e�,/ " as[3avne oaf tie s oct x: u1b�. . prop rrr y 11c_reb authorize y Cape Cod Insulation _ u>act`on mybelialf, in L nia n relative to work authorized by this bu2dinZ permr k app cit on for 132 LAFRANCE AVE HYANNIS; MA• (Addiess of,64), "Pool fences and alarms are the respons ibility,of'the applicant:.-Po(As are not To beRled or ut L ed'before fence is:'talled..and a1f nal inspecdons are performed and accepted. Signatw-e of 0%mer -- -Si:pature-of pk=t J, 4� C C , P&t Name Print Nag Date Q:FORMS,,O%VT'Fa PF.R lAJSSIONPWLS `The Commonwealth of Massachusetts Department of Industrial Accidents 1 Congress Street,Suite 100 Boston, MA 02114-2017 ul www.mass.gov/dla NVorkers' Compensation Insurance Affidavit:Builders/Contractors/Electricians/Plumbers. ' TO BE FILED WITH THE PERMITTING AUTHORITY. Applicant Information Please Print Legibly Name (Business/OrganizatiorAndividual): Cape Cod Insulation Address: 18 Reardori"Circle City/State/Zip: South Yarmouth,MA 02664 Phone#: 508-775-1214 Are you an employer?Check the appropriate box: - Type of project(required): l.©1 am a employer with 48 employees(full and/or part-time).* 7. ❑New construction 2.01 am a sole proprietor or partnership and have no employees working for me in $. Remodeling any capacity.(No workers'comp,insurance required.) 3Q 1 am a homeowner doing all work myself.(No workers'comp.insurance required.)t 9. ❑Demolition 4.Q I am a homeowner and will be hiring contractors to conduct all work on m roe .I will 10 Building addition nce ensure that all contractors either have workers'compensation insura or are sole y 1 LED Electrical repairs or additions proprietors with no employees. 12.0 Plumbing repairs or additions 5.0 I am a general contractor and I have hired the sub-contractors listed on the attached sheet. 13.[�Roof repairs These sub-contractors have employees and have workers'comp,insuranoe.t 6.0 We are a corporation and its officers have exerelsed their right of exemption per MGL o. 14.LJI Other Weatherization 152,§1(4),and we have no employees.(No workers'comp.insurance required.) 'Any applicant that cheeks box#1 must also fill out the section below showing their workers'compensation policy Information. t Homeowners who submit this,pf6davit indicating they are doing all work and then hire outside eonvaotors must submit a new affidavit indicating such. ;Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have ' employees. If the sub-contractors have employees,they must provide their workers'comp,policy number. I am an employer that is providing workers'compensation Insurance for my employees. Below is the policy and Job site information. j Insurance Company Name: Atlantic Charter ' ' Policy#or Self-ins.Lic.#: WCE00431902 ExpiratioriJDate, 06/30/2618 4 Job Site Address: r 3 - 1,;q/,--/ A)Axee Av, /may �. City/State/Zip: )/ Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under MGL c, 152,§25A is a criminal violation punishable by a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator,A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification, 1 do hereby certify under the pains andpenalties of perjury that the information provided above is true and correct. Henry Cassidy " Signature: a.:�:r. ;: .�.....�.,. �.� Date: V 1t/7 Phone#• 508-775-1214 p Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2. Building Department 3.Clty/Town Clerk 4. Electrical Inspector,54 Plumbing Inspector 6.Other Contact Person: Phone#: MassaQhuselts oepartment of Publlo saiet Board of Building Regulations and standards lloensef Cs•100988 • Canstruotlon 9uperVilsor, i� � �� HENRY E 0A0810Y;�� 8 SHED ROW WEST YARMOUrH a v��:r• Expiration; ' Co missloner 11111l201T 1 Offloe of Consumer Affairs and Business Regulation 10 Park Plaza • Suite 5170 Boston, Ma ' 'b.�i usetts 02116 Home Improveme:;::;�Oow raotor Registration g ation ('' ,,GIs^,l;'t�:ti,' 1i,,��:,,,,,.;i• Ion:p O16o3rp6o8r7a tlonp Ce� insulation, In0 Registra 18 Reard�� Clrole Expiration, 12 / 018 So,.Yarmouth, MA 026$4 " •��aca•a� +'� aoM�oam �t, '`t,.�r1�1�S� Update Address and return oard, Mark reason for change, �,.�^...__..4..., ..... .,,....,.........,r...,...h,,.....,..�....rr....,..,....,,,, .r.,,,,,,,,,,,,,,_,,..,,•,,.,(��1dr„ti�a+.are,..(;,;!„n,r.�.e.1(;nL_I�1.F.�r;pla��r��ant,.�;1.J,.oa�•��r� �e�000carcarcrvorr�G`/o��WJ�6o/cWs�l`J� ' OHIO#of 00naumer Altair#&euelneaa Repulotlon HOME IMPAOVBMENT vONTRAOTOR Registration valid for Individual use only T•�?'�e.i Corporation Wort the ex Irid fo date, sdlip, ""' P If foun urn tot ;11, f�. r Zxpl___ratlg� OHioe of Consumer Affafra and al urn l ulatlon Uv i•Y, � 7 12/14/2018 10 Park Plaza• e a170 g Cape Cod lhodt' t ' 1-;1 soatvn,M 1 t Henry Oasaldyy'r;:y 18 Reardon Clrol�� SQ.Yarmouth,M ';+f C " �—v Vnde,rseoretary t al hout sl a� —^, CAPECOD-27 CLEDDILIKE ZZCERTIFICATE OF�LIABILITY INSURANCE DATE 0613 012 01 YY) 0 613 0/2 01 7 4,;ATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS'UPON THE CERTIFICATE HOLDER.THIS 4E DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ,»THIS CERTIFICATE OF INSURANCE DOES NOT,CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED „ SENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER: €, ORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. /f SUBROGATION IS WAIVED; subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements. PRODUCER C TACT Rers&Gray Insurance Agency,Inc. PHONE pqg 43og Rte 134 A/c,No Ext: (AC,No:(877)816=2156 . South Dennis,MA 02660 E-MAIL ,mail@rogersgray.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Peerless Insurance Company 24198 INSURED INSURER B:SafetyInsurance Company 39454 Cape Cod Insulation,Inc. INSURER C;Endurance American Specialty Insurance Company 41718 18 Reardon Circle INSURER D:Atlantic Charter Insurance Company Compa6y 44326 South Yarmouth,MA 02664 INSURER E: ` t INSURER F: - - COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY. THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED.TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,' EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP MN LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1.000,OOO CLAIMS-MADE'a OCCUR CBP8263063 04/01/2017 04/01/2018 DAMAGE TO RENTED 100,000 MED EXP(Any one erson $ 5,000 PERSONAL&ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 X POLICY El ypef LOC PRODUCTS-COMP/OP AGG 2,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 cc ANY AUTO 6232707 COM 02 04/01/2017 04/01/2018 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY X AUUTOpSy�NEp BODILY IN7NJURY Per accident X A� S ONLY X AUTOS ONLY Pe�eccRdeM AMAGE C UMBRELLA LIAB X OCCUR EACH OCCURRENCE 2,000,000 X EXCESS LIAB CLAIMS-MADE EXCI0006636002 04/01/2017 04/01/2018 AGGREGATE 2,000,000 DIED RETENTION$ D WORKERS COMPENSATION - - X PER UTE H. AND EMPLOYERS LIABILITY R/O WCE00431902 06/30/2017 06/30/2018 1,000,000 ANY PROPRIETOR/PARTNERIEXECUTIVE Y/N E.L.EACH ACCIDENT �FFICERR/MEMg��EXCLUDED? �N N 1 A Aandatory In NH) E.L.DISEASE-EA EMPLOYEE 1'000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES'(ACORD 101,Additional Remarks Schedule,may be attached If more apace Is required) Workers Compensation includes Officers or Proprietors. Additional Insured status is provided under the General Liability and Auto-Liability when required by written contract or agreement with the Certificate Holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE For Information Only THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.' AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD :� \:•i ., _ F !r�k �j,.r�'•r: e' '�d s4 t :t3 �'sr. �ih, :ih .,j ohs jjFA _ •� 1 r._ _ f h ,,fir dr Air AAW t Im l.; n_ e! l • .A E t •1 - r T - r" i w axe c..•• _ ;'r. ;.��e.x •.yf. :� .r�`- •".;Zr•` - - - - I I • I .. �� 1F+.t'M S; "•� > .try r. Y- =°" . � .'K•'_ .r -�. -"'"'fit.: � • ♦ P� �� 7►" .. n y•F� � I" • a p -a I n t _ I i Y sY 132 Lafrance Ave, Hyannis 8/21 /06 132 Lafrance Ave, Hyannis 8/21 /06 3rr. - - -7TF All R 4' n 1: �J i I 'I i W N C� CD CD 7 ^l< .r v�• ram» N W l l N r D CD r n, fi. Y E11' _ N 'd W t' 132 Lafrance Ave, Hyannis 12/11 /13 f W N Sv y / I F Y f W N r v cD CD N � W x. 132 Lafrance Ave, Hyannis 12/11 /13 i W N v r , co 0 CD < CD 1< N W i�' 1 �_ ' �r, ~`.� � � * � • �, • r 2 Lafrance Ave, Hyannis 12/11 /13 - Y Oka. mow 1 W N y g � f ti W f I •L c W N r D r . N t a�• 132 Lafrance Ave, Hyannis 12/11 W N r rn D Alt F P � I - � j � y 1 M1 x' 'Y I. K r w .t •, ^•`�:• 1e i'` •�� ,{�.�� tr7+i � � .rs�• i� ,' •f, t L': • ., + _, •• .� f + ILP 41 lit i ~ ro ,, h moo. .. •i A • A i 4f. ' 1 ,r►i �•:7 y" � ,fir< •� _ r - Now As Al •1S� , . i► �r^ v - • - t i s n X-0 Ae i le �► le, �1 Jii �, ► ICI � _ n / y I z Y 5 ' Top ' � e bJAL Z t ,A l - _ i � yr. 1 M` i i I Lao t ! r ;y a J: I- I vL I .S _ I I �h♦n 1 4rU^4 fly I . may' , • �S. _ ^ } 00 Imp— .r Y t a � ti S } 1 WA r v,< ov Flo On _ ,� s•F1 � '� r � ' e I s 0 I� I I I � I n a; r j: i i r t tit 5 , i S �uu ' WTI 'Vf li l�'r, 5 5��Ik1J5V •� •i�6 �i ' u f w a'� L Jill I _ r - t � _ 9 r I yry. 445. Irk .rk- , 4 4 `� ; I Rig -'v PRp.B/LLET AM AF w ' Racing Fuels 'i �E r r r x� 4v wawwo wo xvcv�+ i _ s O 00 k `' - ALI s f►�d a } .- t cr �.. T i w rr up r • I y - _ mu ? S LI v F y f L �A Y�y�y� d —f— 1. Tr , .I 's 1 d' etl".. d9ki :r �1 3' L �2M 7' v, r r! r y{ moo - rig U n ' 1 �,�, - - ;, . }� 1 �I d t ��. • �� ` � � ♦- �a:► �• .�, � r \`4 _ � j� y w ,-. i �. „�. ti' �,�y„ � r 1 , l :: 4. f M � ?l ij = r 5 a;? i `ice cam' NSTRUCT►UNS ILL PIN %'• i D UNIT ?IGHT. 1,1 BACK 6 FEET,.b r i AT BASE OF _1W, `- .JEEZE LEVER AND SWEEP �iTO m CKidde C„EMICAL A I r I '■" -�►r- �r �� _ 7 n Y, e _ f tea' �L - 8 o _..;s � _.. , ■ y � - I -� R ��f `t , ,� a 1 E I Y �1 `e` V 9' w M9 ij- 7 0-Wr _ i i s f 1 1 � . r _ r s .I' �i � -t _ � � e a _. i 1 ` � 1 � ' ,� f !- i � � g ' 4 7 ` t J t _ _ [ a�� I .��t _ •tip f• F 1 r I 1�i• F _ • i 4 M . v r _ r E �t�(.- +;� .,fir•-a / am a" • C I , ti I � LJa I� �.. � � _ � � :11��C>� �i � � � � � i � i ' � I �! � f 1 � • � ��. ,�i :� #; . ; ,� � . , � _ �� .� �' p `� �� .�«� /'' t s . .. ',�•. r � t�. � � - � ��* _, _. _ � � ��,1�� J x t r >' f AA 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 d❑ 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) /71 ?mod W=a"WNam _ E: 1�41 Fill in plance: �� m __. . 1 5 APPLIGANT•S YOUR NAME: S r. BUSINESS YOUR HOME ADDRESS: Sa TELEPHONE # Home Telephone Number NAME OF NEW BUSINESS - ij TYPE OF BUSINESS IS THIS A HOME OCCUPATION? YES NO Have you been given approval from the building_division? Yi_S NO ADDRESS OF BUSINESS_ e, erode-, T MAP/PARCEL NUMBER ceTD o?7�/ 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 COM S NER'S OFFICE This individu I *Au n infp d f y.permit requiremQnts that pertain to,this type of businlST COMPLY WITH HOME OCCUPATION RULES AND REGULATIONS. FAILURE TO ized i ture** COMPLY MAY RESULT IN FINES. COMMENTS: 2. BOARD OF HEALTH This individual has infoA' natu f the Pnit r quirements that pertain to this type of business. Authorizedre** COMMENTS: . 3. CONSUMER AFFAIRS (LICENSING AUTHORITY) This individual h en infor df the lisin r q e ents that pertain to this type of business. y� Authorized Si natur COMMENTS:-1 ;y Town of Barnstable 'THE**- Regulatory Services CY py� Thomas F. Geiler,Director Building Division - NAM Tom Perry,Building Commissioner �'°tEn 't►,� 200 Main.Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Approved: Fee: - °4 Permit#: �U U HOME OCCUPATION REGISTRATION Date: %: do Name: v Phone#'-�7 d " 3 J' < � Address: 44G / Village: Name of Business: 1*"77e T Type of Business: ��.�'/:^.�Q Map/Lot: INTENT: It is the intent of this section to allow the residents of the Town of Barnstable to operate a home occupation within single family dwellings,subject to the provisions of Section 4.1.4 of the Zoning ordinance,provided that the activity shall not be discernible from outside the dwelling there shall be no increase in noise or odor,no visual alteration to the premises which would suggest anything other than a residential use;no increase in traffic above normal residential volumes; and no increase in air or groundwater pollution. After registration with the Building Inspector,a customary home occupation shall be permitted as of right subject to the following conditions: • The activity is carried on by the permanent resident of a single family residential dwelling unit,located within that dwelling unit. • Such use occupies no-more-than 400-square feet o€space. • There are no external alterations to the dwelling which are not customary in residential buildings,and there is no outside evidence of such use. • No traffic will be generated in excess of normal residential volumes. • The use does not involve the production of offensive noise,vibration, smoke,dust or other particular matter, odors,electrical disturbance,heat,glare,humidity or other objectionable effects. • There is no storage or use of toxic or hazardous materials,or flammable or explosive materials,in excess of normal household quantities. • Any need for parking generated by.such use shall be met on the same lot containing the Customary Home Occupation,and not within the required front yard. • There is no exterior storage or display of materials or equipment. • There is no commercial vehicles related to the Customary Home Occupation,other than one van or one pickup truck not to exceed one ton capacity,and one trailer not to exceed 20 feet in length and not to exceed 4 tires,parked on the same lot containing the Customary Home Occupation. • No sign shall be displayed indicating the Customary Horne Occupation. • If the Customary Home Occupation is listed or advertised as a business,the street address shall not be included. • No person shall be employed in the Customary Home Occupation who is not a permanent resident of the dwelling unit. I,the undersigned,Shaveeadan ee with the above restrictions for my home occupation I am registering. Applicant Date:_ ( ' Homeoc.doc Rev.5/30/03 ai SENDER: I also wish tb receive the v ■Complete items 1 and/or 2 for additional services. following services(for an to ■Complete items 3,4a,and 4b. 41 ■Print your name and address on the reverse of this form so that we can return this extra fe(�: - card to you. v d ■Attach this form to the front of the mailpiece,or on the back if space does not 1.El Addressee's Address •2 m permit 2.El Restricted Delivery d ■Write"Return Receipt Requested"on the mailpiece below the article number. ry N ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. o 0 3.Article Addressed to: 4a.Article Number c°1i rvice Type E ❑ e tered ertified cc N . ❑ E pr ss Mail El insured F w 1 ur Receipt for Merchandise ❑ COD Vi 7. t of Delivery o .j► c m 5.Received By: (Print Name) ddressee's Address(Only if requested Y and fee is paid) w t 6.Signature: (Addressee or Agent) o' X y PS Form ati1, cember 1994, 102595-98-13-0229 Domestic Return Receipt tliif ifif i'?tf {�• tt 1 1 4 {fl1 Miff slit UNITED STATES POSTAL SERVICE First-Class MailPostage&Fees Paid USPS _ Permit No.G-10 C Print your name, address, and ZIP Code in this box 0 Town of Barnstable Building Division 367 Main St. Hyannis,MA 02601 w I y� 3 j}} i{ y }} jj ii yj :�v, S 'r :'ors ? 1{11111fil{1I11= 111111111111111111i11111li III 1IIIII 1 cT, �THEA Town of Barnstable Regulatory Services * anxxsrnaie. 9 Mass. , Thomas F. Geiler, Director i639• �0 AIE039. ° Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis, MA 02601 ww w.to wn.b a r ns tab l e.ma.0 s Office: 508-862-4038 Fax: 508-790-6230 August 22,2006 Mr.Ray Richards 132 LaFrance Ave. Hyannis,MA 02601 Re: 132 LaFrance Ave. EXIT ORDER Dear Mr.Richards r t Under the provisions or 780 CMR the State Building Code section 3400.5.1 you are hereby ordered to immediately P � g � Y Y Y discontinue the use of the cellar/basement area for sleeping purposes. Your cooperation in this matter is appreciated! P PP Sincerely, Paul Roma Local Inspector k t + yl �T01922 1 MA 1 121 LllJ2013 11 I13-0005848 I 1 000 ❑Change Basic ID State Incident Date * * * * Station Incident Number Exposure � � ' ❑NO Activity ❑check this box to Indicate that the address for this incident is provided on the Wildland Fire d Census Tract I I BLocation* Module In Section B "Alternative Location Specification". Use only for Wildland fires. 30 - ®Street address _- --' L I U _.132--11 ILA-FRANCE AV ❑Intersection Number/Mile ost Prefix Street Type Suffix [:]In front of ❑Rear of I LHYANNIS 7 I IMA 1 102 601 I-1 ,y []Adjacent to Apt./Suite/Room City State Zip Code ❑Directions Cross street or directions, as applicable Incident e * Midnight is 0000 C Type El Date & Times E;2 Shift- & Alarms 400 (Hazardous condition, Other I Check boxes if Month Da Year Hr Min Sec Local Option dates are the Y Incident Type same as Alarm ALARM always required - Aid Given or Received* °ate' Alarm * 12 11 2013 13:01:56 D Shift or Alarms District Platoon ARRIVAL required, unless canceled or did not arrive �1 ❑Mutual aid received � 2 ❑Automatic aid recv. Their FDIC Their ® Arrival * 12 11 2013 13:10:23 E,3 3 ❑Mutual aid given State CONTROLLED Optional, Except for wildland fires Special Studies 4 ❑Automatic aid given ❑Controlled J J I I I�J Local option 5 ❑Other aid given Their LAST UNIT CLEARED, required except for wildland fires Incident Number Last Unit I I L N QNone ® Cleared 12 11 2013 13 555.19 'Special Study Value F Actions Taken* Gl Resources * G2 Estimated Dollar Losses & Values ❑ section if an Apparatus or this box and skip this LOSSES: Required for all fires if known. Optional section fires. 86 (Investigate I Personnel form is used. for non None Primary Action Taken (1) Apparatus Personnel Property $1 Id 000 , 0001El u I Suppression 1 0003 Contents $1 000 000 ❑ I I Additional Action Taken (2) EMS I PRE-INCIDENT VALUE: optional I � I I Other 0003 0004 y $1 J , L 000� 'U ElPro Property 000 Additional Action Taken (3) .❑ Check box if resource counts include aid received resources. Contents $1 000 , 000 ❑ Completed Modules Hl*Casualties®None H3 Hazardous Materials Release I Mixed Use Property ❑Fire-2 Deaths Injuries N ElNone NN X Not Mixed Fire 10 Assembly use Structure-3 20 Education use I I I I 1 ❑Natural Gas: .law leak, ae e„anatina or BarMat anuena ❑Civil Fire Cas.-4 Service �J �J 2 ❑Propane gas: <2i ib. tank (a. in hems aBQ grill) 33 Medical use ❑Fire Serv. Cas.-5 CivilianL_____J 3 ❑Gasoline: vehicle fuel tank or portable container 40 Residential use ❑X EMS-6 4 ❑Kerosene• fuel burning peen[or portable atozege 51 Row of stores ❑HazMat-7 H2 Detector 53 Enclosed mall Required for Confined Fires. 5 ❑Diesel fuel/fuel Oil:wsbinle fuel tank or portable 58 Bus. 6 Residential Wildland Fire-8❑ 1❑Detector alerted occupants 6 ❑Household solvents: homes/office spill, cleanup only 59 Office use ©`Apparatus-9 ❑ 60 Industrial use Rx7 MOtOL oil: from engine or portable container Personnel-10 2®Detector did not alert them 63 Military use Arson-11 8 [-]Paint: from paint can. totaling<55 gallons 65 Farm use ❑ - U❑Unknown 0 ❑Other: spacial xazMat actions required or spill>55ga1., OO Other mixed use Please co late the Ha mat form J Property Use* Structures 341[]Clinic,clinic type infirmary 539 [:]Household goods,sales,repairs 342❑Doctor/dentist office 57 9 ❑Motor vehicle/boat sales/repair 161 []Church, place c worship 361 Prison or ail not juvenile❑ jail, j 571 ❑Gas or service station 161[-]Restaurant or cafeteria 419®1-or 2-family dwelling 599 ❑ Business office 162 ❑Bar/Tavern or nightclub 429 Multi-famil dwellin ❑ Y g 615 []Electric generating plant 213 ❑Elementary school or kindergarten 439❑Rooming/boarding house 629 ❑Laboratory/science lab 215 ❑High school or junior high 449❑Commercial hotel or motel 700 ❑Manufacturing plant 241 ❑College, adult education 459 Residential, board and care 819 Livestock❑ ❑ /poultry storage(barn) 311 ❑Care facility for the aged 4 64❑Dormitory/barracks 882 ❑Non-residential parking garage 331 ❑Hospital 519❑Food and beverage sales g 891 ❑Warehouse Outside 936❑Vacant lot 981 [-]Construction site 124 []Playground or park 938 ❑Graded/care for plot of land 984 ❑ Industrial plant yard 655 ❑Crops or orchard 946 ❑Lake, river, stream 669 Forest (timberland) Lookup and enter a Property Use code only if ❑ 951 ❑Railroad right Of way you have NOT checked a Property Use box: 807 ❑Outdoor storage area 960 'other street ❑ Property Use 1419 919 ❑gip or sanitary landfill 961 ❑Highway/divided highway 93.1 ❑Open land or field 962 []Residential street/driveway 11 or 2 family dwelling I NFIRS-1 Revision 03/11 99 Hyanpis Fire 01922 12/11/2013 13-0005845 ` cal Option Business name (if applicable), Area�'Code, Phone Number ❑Check This Box if I I l — '..`- same address as Mr•.Ms., Mrs. First Name MI Last Name Suffix incident location. I u Then skip the three I I IL,�JI duplicate address Neer Prefix Street or Highway I YP Suffix lines. g Y I Street Type (Post Office Box I I Apt./Suite/Room City. -' - State Zip Code - More people involved? Check this box and attach+Supplemental Forms'y0FIRS-SS) as necessary K2 Owner same as person involved? Then check this box and skip I I 1508 _ - 2 8 0 - 7 713 The rest of this section. Local Option Business name (if Applicable) Area Code Phone Number Raymond Richard �J ❑ Check this box if Mr.,Ms., Mrs. First Name MI Last Name Suffix same address as incident location. 1132 ILA PRANCE AV Then skip the three duplicate address Number Prefix Street or Highway Street Type Suffix lines. I �J IHYANNIS Post Office Box Apt./Suite/Room City IMA 1102601 1-1 State Zip Code L Remarks Local Option Caller Name VZW CALL 1-800-852-2671 Caller Phone (508) 280-7713 COID=VZW cad ; 2013/12/11 13:10:23 - 826 AT EVENT MANNING IS 0 cad ; 2013/12/11 13:17:44 - 827 AT EVENT MANNING IS 0 cad ; 2013/12/11 13:31:39 - 805 AT EVENT MANNING IS 0 911 2013/12/11 13:01:56 Time of Call 2013/12/11 12:59:19 , Phone Number (508) 280-7713 COID=VZW Caller Name VZW CALL 1-800-852-2671 Street Number 49 Street Name : OCEAN Service Municipality HYANNIS ESN : ESN=604 MTN:508-511-7878 Longitude -070.311513 Latitude +041. 652914 ---------------------------- - --------------------------------------------------- On 12/11/2013 at 13:01:5.6 dispatched To. 132 LA FRANCE AV /RICHARD, RAYMOND H (LA FRANCE AV) /HYANNIS, MA 02601. The location. is a 1 family dwelling. The incident was determined to., be a hazardous condition. 13:10:23 arrived on scene. L Authorization 1198704 I ( Rex, William J. IICAPTEMTNJP I 1 12 LLlj 2.013 Officer in charge ID Signature - Position or rank Assignment Month Day Year Check � � 1� - Box if® � 198704 I 1 Rex, William J. i I CAPTEMTNJP I I I 12� LL 2013 same as officer Member making report ID Signature Position or rank Assignment - .Month Day - Year in charge. - Hyannis Fire 01922 12/11/2013 13-0005845 01922 MA 12 1 L-L1 2013 �� 13-0005845 000 omp e e ' * State* Incident Date Narrative -Station Incident Number * .Exposure ..... L Narrative: Caller Name VZW CALL 1-800-852-2671 Caller Phone (508) 280-7713 COID=VZW cad ; 2013/12/11 13:10:23 - 826 AT EVENT MANNING IS 0 cad ; 2013/12/11 13:17:44 - 827 AT EVENT MANNING IS 0 cad ; 2013/12/11 13:31:39 - 805 AT EVENT MANNING IS 0 911 2013/12/11 13:01:56 Time of Call 2013/12/11 12:59:19 Phone Number (508) 280-7713 COID=VZW Caller Name VZW CALL 1-800-852-2671 Street Number : 49 Street Name : OCEAN Service Municipality HYANNIS ESN : ESN=604 MTN:508-511-7878 Longitude -070.311513 Latitude +041. 652914 On 12/11/2013 at 13:01:56 dispatched To 132 LA FRANCE AV /RICHARD, RAYMOND H (LA FRANCE AV) /HYANNIS, MA 02601. The location is a 1 family dwelling. The incident was determined to be a hazardous condition. 13:10:23 arrived on scene. The following actions were performed on scene- Investigate Units responding were: Unit 805 responded.' Unit 826 responded. Unit 827 responded. On arrival for a medical and we found patient inside the dwelling in a first floor bedroom. The ambulance arrived on location and transported the patient. The owner was present. I inquired about a CO detector for the bedroom the patient was in. He showed me one on the first floor that was about 20 feet away. I inquired about the two car garage and he told me that it was converted into two bedrooms. The owner claims the town is aware of changes made to the dwelling. The basement has four bedrooms. The main house has 3 bedrooms on the first floor. A shed in the backyard was converted into a bedroom. The owner has a bedroom that appears to be an addition to the original house. The single family dwelling has 10 bedrooms. He rents out 9 of them to clients. The owner states he is running a sober house. . FPO Cosmo arrived on location. He did a inspection with the owner. Hyannis Fire 01922 12/11/2013 13-0005845 - 005845 000 6_FDID * State* Incident Date * Station Incident Number * Narrative Exposure * Narrative: 13:55:19 all units back in service. Hyannis Fire 01922 12/11/2013 13-0005845 Er .ram * A MM DD YYYY ❑Delete NEIRS -1 01922 U 1 12 1 L11J 1 2013 11 113-0005845 000 ❑Change FDID Basic State Incident Date - Incident Number *-.+,. * * * Station - Exposure - - []No Activity ❑Check this box to Indicate that the address for this incident is provided on the Wildland Fire ' 1 $ Location* Module In Section B "Alternative Location Specification". Use only for Wildland fires. Census Tract 30 ®Street address 1321 1 LA FRANCE AV ❑Intersection Number/Milepost Prefix Street or Highway, Street Type Suffix ❑In front of ❑Rear of J HYANNI S 114A 1 02 601" 71 []Adjacent to Apt./Suite/Room City State Zip Code- ❑Directions L Cross street or directions, as applicable Incident Type * midnight is 0000 Cnc yP El Date & Times E2 Shift & Alarms 400 JHazardous Other Check boxes if condition, Local option Incident Type I dates are the Month Day Year Hr Min Sec. same as Alarm ALARM always required - I I D Date. Alarm * 12 11 2013 13.01.56 � I� �� Aid Given or Received* �� Shift or Alarms District Platoon ARRIVAL required, unless canceled or did not arrive ® 1 ❑mutual aid received - .2 ❑Automatic aid recv. Their FDID Their Arrival *. 12 111 1 I 20131 J13:10:23 E3 CONTROLLED Optional, Except for wildland fires 3 ❑mutual aid given State p p Special Studies 4 ❑Automatic aid given I I ❑Controlled L__J Local option 5 ❑Other aid given Their LAST UNIT CLEARED, required except for wildland fires Incident Number IN Last-Unit . special special ❑None ® Cleared L12 1111 2013 13:55:19 study ID# Study Value F Actions Taken * Gl Resources * G2 Estimated Dollar Losses & Values ❑ Check this box and skip this section if an Apparatus or LOSSES: .Required for..all fires if known. Optional . - - 86 Ilnvestigate I Personnel form is used. for non fires: None Primary Action Taken (1) Apparatus Personnel Property $`1 1 , 000 , 000 ❑ - Suppression 0003 Contents,$ 000 , 000 ❑ U Additional Action Taken (2) EMS L� PRE-INCIDENT VALUE: Optional . I � � I Other 0003 0004 Property $1 , 000 , 000 ❑ Additional Action Taken (3) - ❑ Check box if resource counts include aid received resources. Contents $lI , 000 , 000 ❑ Completed Modules Hl*Casual ties®None H3 Hazardous Materials Release I Mixed Use Property ❑Fire-2 Deaths Injuries N E]None NN X Not Mixed ❑Structure-3 Fire 10 Assembly use I I I 1 ❑Natural Gas:.slow leak, no eva ation or xazmat actions 20 Education use ❑Ci Service �_J �_J vil Fire Cas.-4 2 ❑Propane gas: .<zl ib. tank (as in Home HaQ grill) 33 Medical use ❑Fire Serv. Cas.-5 L �� 3 ❑Gasoline: vehicle finel tank or portable eoncainer 40 Residential use Civilian ❑X EMS-6 4 ❑Kerosene: fuel bnmin ' 51 Row of stores g equipment or portable storage 53 Enclosed mall ❑HazMat-7 � Detector' Required.for Confined Fires. 5 [:]Diesel fuel/fuel. Oil:v hicle fuel tank or portable 58 Bus. &. Residential ❑Wildland Fire-8 1❑Detector alerted occupants 6 ❑Household solvents: hone/office spill, cleanup only 59 . Office use ' ❑Apparatus-9 _.. 7 []Motor oil: from engine or portable container 60 Industrial use }{Personnel-10 2®Dete�tor did not alert them 63 Military use Arson-il . ❑ 8 ❑Paint: fr om paint cane totaling<55 gallons 65 Farm use ❑ U❑Unknown 0 ❑other: Special HarMat actions required or spill >55gal., 00 Other mixed use Please conelete the H—Mat form J Property Use* Structures c 341[:]Clinic,clinic type infirmary 539 ❑Household goods,sales,repairs 342❑Doctor/dentist office 579 ❑Motor vehicle/boat sales/repair 131 ❑Church, place of worship 361❑Prison or,jail, not juvenile 571 ❑Gas or service station 161 ❑Restaurant or cafeteria 41999 1-or 2-family dwelling 599 ❑ Business office 162 ❑Bar/Tavern or nightclub 429❑Multi-family dwelling 615 ❑Electric generating plant 213 ❑Elementary school or kindergarten 439 Roomin /boardin house ❑ g g 629 ❑Laboratory/science lab 215 ❑High school or junior high 449[:]Commercial hotel .or motel 700 ❑Manufacturing plant 241 ❑College, adult education 459❑Residential, board and care 819 ❑Livestock/poultry storage(barn) 311 ❑Care facility for the aged 464❑Dormitory/barracks 882 ❑Non-residential parking garage - I331 pa Food and beverage sales ❑Hosit l 519❑ g 891 ❑'Warehouse Outside 936[:]Vacant lot 981 ❑Construction site 124 ❑Playground or park 938 ❑Graded/care for plot;of land 984 ❑ Industrial. plant,yard_, 655 ❑Crops or orchard - 946 ❑Lake, river, stream 669 ❑Forest .(timberland) 951 Railroad ri ht Of Wa Lookup and enter a Property Use code only if ❑ g y you have NOT..checked a Property Use box: 807 ❑outdoor storage area 960 [-]Other street Property Use 419 919 ❑Dump or sanitary landfill 961 ❑Highway/divided highway 931 ❑Open land or field 962[]Residential stieet/driveway 11. or 2 family' dwelling J'. NFIRS-1 Revision 03 11/99 Hyannis Fire 01922 12/11/2013 13-0005845 Ki Person/Entity Involved -�_� I �. Local Option Business name (if applicable). PP Area Code Phone Number ❑Check This Box if I I U Same address as Mr.,Ms., Mrs. First Name MI Last Name Suffix incident location. Then skip the three I duplicate address Number Prefix Street or Highway .:Street Type lines. I . - yp Suffix (Post Office Box Apt./Suite/Room City State Zip Code More people involved? Check this box and attach Supplemental Forms (NFIRS-IS) as necessary Same as person involved? R2 Owner El Then check this box and skip I - 1508 - - 2 8 0 - 7 713 The rest of this section. - Local Option Business name (if Applicable) Area Code Phone Number L—� JRaymond IRichard I �J ❑ Check this box if Mr.,Ms., Mrs. -First Name. - - MI Last Name - Suffix same address as incident location. 1132 ILA PRANCE AV Then skip the three duplicate address Number Prefix Street or Highway 'p Street Type Suffix lines. - J JHYANNIS Post Office Box Apt./Suite/Room City IMA 1 102601 1-1 J, State Zip Code - L Remarks Local Option Caller Name VZW CALL 1-800-852-2671 Caller Phone : (508) 280-7713 COID=VZW cad ; 2013/12/11 13: 10:23 - 826 AT EVENT MANNING IS 0 cad ; 2013/12/11 13:17:44 - 827 AT EVENT MANNING IS 0 cad ;. 2013/12/11 13:31:39 - 805 AT EVENT MANNING IS 0 911 2013/12/11 13:01:56 Time of Call 2013/12/11 12:59:19 Phone Number (508) 280-7713 COID=VZW - Caller Name VZW CALL 1-800-852-2671 Street Number : 49 Street Name . OCEAN Service Municipality HYANNIS ' ESN : ESN=604 MTN:508-511-7878 Longitude -070.311513 Latitude +041. 652914 On 12/11/201-3 at 13:01:56 dispatched To 132 LA FRANCE AV /RICHARD, RAYMOND H (LA FRANCE AV) /HYANNIS, MA 02601. The location is a 1 family dwelling. The incident was determined to be a hazardous condition. 13:10:23 arrived on scene'. j, Authorization 1198704 I JRex, William J. IICAPTEMTNJP 12 11 2013 7 Position or rank Assignment Month Da Year in charge ID � Signature - g. Y - Check - - Box if 1198704 I I Rex, .William J. I I CAPTEMTNJP I. � U' ,2013 same Position or rank Assignment Month Day Year as Officer Member making report ID Signature in charge. - - Hyannis Fire 01922 12/11/2013 13-0005845 MM DD YYYY 01922 U 1 121 L11 j2013 L 1 13-0005845 000 Complete Narrative FDID * - State* Incident Date * Station Incident Number * _.Exposure Narratives Caller Name VZW CALL 1-800-852-2671 Caller Phone (508) 280-7713 COID=VZW cad ; 2013/12/11 13:10:23 - 826 AT EVENT MANNING IS 0 cad ; 2013/12/11 13:17:44 - 827 AT EVENT MANNING IS 0 cad ; 2013/12/11 13:31:39 - 805 AT EVENT MANNING IS 0 911 2013/12/11 13:01:56 Time of Call 2013/12/11 12:59:19 Phone Number (508) 280-7713 COID=VZW Caller Name VZW CALL 1-800-852-2671 Street Number 49 Street Name : OCEAN Service Municipality : HYANNIS ESN : ESN=604 MTN:508-511-7878 Longitude -070.311513 Latitude +041. 652914 -------------------------------------------------------------------------------- On 12/11/2013 at 13:01:56 dispatched To 132 LA FRANCE AV /RICHARD, RAYMOND H (LA FRANCE AV) /HYANNIS, MA 02601. The location is a 1 family dwelling. The incident was determined to be a hazardous condition. 13:10:23 arrived on scene. The following actions were performed on scene: Investigate Units responding were: Unit 805 responded. Unit 826 responded. ; Unit 827 responded. , s. On arrival for a medical and we found patient inside the dwelling in a first floor bedroom.. The ambulance arrived on location and .transported the patient. The owner was present. I inquired about a CO detector for the bedroom the patient was in. He showed me one on the first floor that was about 20 feet away. I inquired about the two car garage and he told me that `it was converted into two bedrooms. The owner claims the town is aware of changes made to the dwelling.' The basement has four bedrooms: The main house has 3 bedrooms on the first floor. A shed in the back yard was converted into, a bedroom. The owner has a bedroom that appears to be an'- : addition to the original house. The single family dwelling has 10 bedrooms. He rents out 9 .of them to clients. The owner estates he is running a sober house. FPO Cosmo arrived on location. He did a inspection with the owner. Hyannis Fire 01922 12/11/2013 13-0005845 01922 U 12 Dl 2013 : 13-0005845 000 complete FDID * State* Incident Date * Narrative Station Incident Number * Exposure�* Narrative: 13:55:19 all units back in service. X Hyannis Fire 01922 12/11/2013 13-0005845 c i• Y' h / / 1. ^# -c.. - m._ ,. HK ME",, cdX x� ❑ ice..I < ",., ,.M,. -gym;. .( ,µ. i• i. a,i::P ¢, .::: C,'hYiv- n, x ~r... .. f::sa, .,.,°as h, ..v, ;r,N,,,..,,,, >k.... „� �alsa � :-,�.�. c ,wp. , '-.� :: ,c .„a,,„ �7 i$I .._. "....a ,rat,^•.. }�s. <•., .z: ,. .:. .:.. -,�.�r ,r,,:. f ._ ..:am,_ ,.. ;::_ P..rw! P ,<��, * *'`avYt m, . a c.� a�N �',4vs,'�+ea, '�., ,ciW �„� +m,'s"° r°a<� m`�a� •e „x,,. .,... � �. ... 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'«� ,_ ». , . r • � � - - �a � . . , . . . . . 2 . . �� \ » � \ � � � � ^� ` 2 � � � �� ^) � , ` Edward L. Wells Jr. Attorney at Law P.O. Box 902 Buzzards Bay, Massachusetts 02632 Tel: (508)296-2902 Fax:(508)291-3041 BBO# 622460 December 10, 2007 t Ms Robin Giangregorio Zoning Agent Town of Barnstable 200 Main Street, Hyannis MA 02601 Dear Inspector Giangregorio, This letter is in response to zoning enforcement actions by the Building Inspection, Zoning Inspection, Board of Health and Police at 132 LaFrance Avenue Extension at a home owned by Raymond Richard. Mr. Richard, a disabled person within the meaning of Public Law 100 and Massachusetts GeneralLaws Chapter 40A Section 3, has maintained his residence for other disabled persons accommodations within the meaning of those laws. Mr. Richard has verbally communicated with the town for reasonable accommodation in the past based upon his disability and those with whom he shares his home. , This letter is a formal request for reasonable accommodation so that he may not be subject to zoning regulations which which would not apply to any other family in his zone, violating his civil rights and those who reside with him. Very trul yours, M . Edward L. W` w Edward L. Wells, Jr. Esq, P.O. Box 902 Buzzards Bay MA 025321 u.s. POSTAGE � PR1D AR ERST W02538 .MH 02538 JOT1 DEC 11 '07 a i UNITED57ATf5 AMOUNT t70(74 4 ro�u,�saewce II III II II II 7005 3110 71[] 6892 0000 50 I 0260t 00018018504-02 �T�S� ��C�B�� Ms Robin Giangregorio Zoning Agent REQUESTED Town of Barnstable 200 Main Street, Hyannis MA 02601 r e' ! £££fl ; f £�£¢!:31#1 HIM! jj iI £ 'I i 1 Date: December 20, 2007 Re: Raymond Richard, 132 La France Ave, Hyannis, Ma Inspectors: Meredith Morgan, BOH, Paul Roma, Local Inspector, Tom Perry, Building Commissioner, Robin Giangregorio, ZE Officer, Barnstable Police Officer The Building Commissioner received a complaint in Nov. 2007 regarding the aforementioned property. The information alleged that there were numerous code violations including, Building, Health& Sanitary codes. I was directed by the Commissioner to arrange an unannounced site inspection and to coordinate with Health and the BPD. The inspection was performed on 11/06/07. The purpose of this inspection was to assess and identify code violations. Mr. Richards met us at the door and voluntarily admitted us once I identified myself, the others present and our purpose. Mr. Richards showed us the entire property now consisting of 10 bedrooms including a converted tool shed. Mr. Richards claimed to be zoning exempt. I advised him that the property is located in a single-family zone and he is entitled to rent to 3 unrelated lodgers as a matter of right. I explained that a single-family home must flow as such and the residents must have access to all amenities typically found in a sf home including the kitchen and living room. He does not have the right to create separate dwelling units or perform work without proper permits, approvals and inspections. Our conversation ultimately included the requirement that Mr. Richard definitively prove he is entitled to the exemption he claims. Mr. Richard was unable to respond to any questions regarding how the alleged sober house was organized. At this time he indicated that he would call his attorney and have him contact me directly. As a result, I later spoke with Attorney Wells but we were unable to arrange a meeting prior to the first of the New Year. In preparation for the anticipated meeting and at the Commissioner's request, I asked him to send me a letter supporting his client's claim of a zoning exemption. On Dec. 12, 2007 this office received a letter from Attorney Wells but it did not identify the basis for his claim. On Dec. 19, 2007, the HUD complaint was received. It should be noted that no enforcement action has been pursued at this time. This was simply a fact finding mission. All interaction with Mr. Richards was voluntary. We did a simple walk-thru,photographed the site (with the expressed permission of the property owner as is customary of our process) and left on civil terms. i` No correspondence has been sent and no citations issued. In fact, no final determination was rendered pending the anticipated meeting with Attorney Wells and ultimately the assessment of the situation and associated evidence by our legal staff. Currently, there are 10 rooms used for sleeping purposes. The garage has been divided into 2 `studios', the tool shed and family room have been converted also. i r Town of Barnstable` FR Barnstable 0(IHE Tn, f t B: ��t:��AB(µ�. �f-At11E11CflClfy ~� OFFICE OF TOWN ATTORNEY 367 Main Street _ p � l; , 1 * saRxsrwB 6 M�i ,�� Hyannis MA 02601-3907. d rFDMA'tA 2007 RUTH J.WEIL,Town Attorney el.#: 508-8624620 T.DAVID HOUGHTON, 1st Assistant Town Attorney Fax#: 508-862-4724 CHARLES S. McLAUGHLIN,Jr., Assistant Town Attorney CLAIRE R. GRIFFEN,Paralegal/Legal Assistant PAMELA D. GORDON, Legal Clerk January 2, 2008 Via Fedex#8145 2821 7153 Marcella O. Brown, Director Boston Housing and Urban Development Office of Fair Housing&Equal Opportunity l O'Neill Federal Building 10 Causeway Street Boston,MA 02222-1092 ` Re: Housing Discrimination Complaint Richard v. Town of Barnstable Inquiry No. 244533 HUD Case No. 01-08-0093-8 Dear Ms. Brown: Enclosed please find a duplicate original Respondents'-Answer to the above- referenced complaint. Due to the holiday vacations,we previously submitted a facsimile copy of the attestation. We are now sending the original signature and are forwarding the.entire document to you. Thank you. Sincerely, t uth eil Town torney RJW:pg enc cc: Edward L. Wells, Jr., Esq. - John C. Klimm, Town Manager /Tom'Perry, Building Commissioner Robin Giangregorio,Zoning Enforcement Officer , 20070.194brownfollowupltr.doc 1 COMMONWEALTH OF MASSACHUSETTS U.S DEPARTMENT OF HOUSING&URBAN DEVELOPMENT OFFICE OF FAIR HOUSING&EQUAL OPPORTUNITY HUD Case No. 01-08-0093-8 --------------------------------------------------------- RAYMOND RICHARD, ANSWER TO Complainant, COMPLAINANT'S V. COMPLAINT. TOWN OF BARNSTABLE and ) ROBIN GIANGREGORIO, ZONING ENFORCEMENT OFFICER FOR ) TOWN OF BARNSTABLE. ) Respondents. ) ------------------------ The Respondents, the TOWN OF BARNSTABLE AND ROBIN GIANGREGORIO, ZONING ENFORCEMENT OFFICER OF THE TOWN OF BARNSTABLE, for their Answer to Complainant's Complaint, show as follows: As to COMPLAINANT: 1) Respondents lack knowledge or information sufficient to form a belief as to the truth of the averments in paragraph"1"of Complainant's Complaint. As to OTHER AGGRIEVED PERSONS: 2) No answer is necessary. As to ALLEGED TO HAVE OCCURRED OR IS ABOUT TO OCCUR. 3) Respondents DENY the averments contained in paragraph designated"3"of Complainant's Complaint. As to ALLEGED VIOLATION OCCURRED BECAUSE OF: (2007-01 Nabs-hud-richar6stob11 1 4) Neither admit nor deny the averments set forth in paragraph"4" of Complainant's Complaint by reason that said Respondents have insufficient information to form a belief as to the truth of the averments therein. As to CITY & STATE WHERE ALLEGED DISCRIMINATION OCCURRED: 5) Respondents DENY the averments contained in paragraph designated"5"of Complainant's Complaint. As to RESPONDENTS: 6) ADMIT only so much of the averments set forth in paragraph "6" of Complainant's Complaint where it lists the names of an employee of the Town of Barnstable, and the Town of Barnstable,the Respondents herein,but DENY all the remaining allegations contained in paragraph designated"6"of the Complainant's Complaint. As to COMPLAINANT'S STATEMENT OF FACTS REGARDING THE ALLEGED VIOLATION: y' 7) As to the averments set forth in paragraph of"7" of Complainant's Complaint, Respondents lack knowledge or information sufficient to form a belief as to the truth of the averments contained in sentences one through 5 therein. As to the averments set forth in the sixth sentence of paragraph"7 ', Respondents ADMIT only so much of said averments were it is stated that on or about November 6th, 2007, several town employees came to Complainant's home but DENY all the remaining allegations contained in the sixth sentence of paragraph designated'7 of the Complainant's Complaint. Further answering, Respondents DENY the averments contained in the remaining sentences set forth in paragraph designated"7" of Complainant's Complaint. . f [2007-01941abs-hud-richardvstob1] 2 8) Respondents DENY the truth of the averments in paragraph"8"of Complainant's Housing Discrimination Complaint. 9) No answer is necessary. 10) The averments contained in paragraph"10" of Complainant's Complaint call for a conclusion of law and, therefore,no answer is necessary. FIRST AFFIRMATIVE DEFENSE The Complainant's claims fail to state a claim upon which relief can be granted and, therefore, Complainant's Complaint should be dismissed. SECOND AFFIRMATIVE DEFENSE The alleged conduct complained of herein is explicitly exempt under the Federal Fair Housing Law, 42 U.S.0 Sections 3601-3619. THIRD AFFIRMATIVE DEFENSE In order to address serious health and safety issues involving residential property and to coordinate inspectional activities within the Town of Barnstable,the Town has assembled a team of representatives from various town departments, including the health department,the building department and the police department,to investigate properties based on complaints received. The inspection of the subject premises which occurred on or about November 6, 2007 was the result of a complaint received by the Building Commissioner regarding serious health and safety violations,including the use of a tool shed for human habitation. FOURTH AFFIRMATIVE DEFENSE At the inspection held on or about November 6, 2007, the Respondents requested that the Complainant provide them with information to document the assertion that the premises were occupied by.persons with disabilities and the nature of the reasonable accommodation requested. [2007-0194\abs-hud-richardvstob1 3 To date, the Respondents have refrained from instituting any enforcement action against the Complainant while they were awaiting the receipt of the requested information. FIFTH AFFIRMATIVE DEFENSE The records of the Barnstable Assessing Department indicate that the premises contain a total of four bedrooms. Complainant never obtained the proper building permits to expand the number of bedrooms on the premises from four bedrooms to ten(10)bedrooms alleged in his Complaint. The Complainant has jeopardized the health and safety of the residents of by renting rooms in premises that were constructed in violation of the State Building Code. SIXTH AFFIRMATIVE DEFENSE As alleged in Complainant's complaint, the Complainant is operating a lodging house without a license, in violation of state and local law. SEVENTH AFFIRMATIVE DEFENSE In undertaking substantial renovations (without proper permits)to expand the number of bedrooms on the premises from four bedrooms to ten bedrooms,with an alleged total of ten lodgers, Complainant triggered the requirements that the premises must be sprinkled automatically. Failure to provide automatic sprinkling of the subject premises violates state law. EIGHTH AFFIRMATIVE DEFENSE Upon information and belief,the Complainant is not a not-for-profit educational entity. NINTH AFFIRMATIVE DEFENSE The Building Department has consistently applied and enforced the State Building Code to single-family residences throughout the Town. [2007-01941abs•hud-richar6stob 1� 4 L TENTH AFFIRMATIVE DEFENSE I Respondents have reasonably applied the town and state's health and safety and zoning regulations to the Complainant's property. ELEVENTH AFFIRMATIVE DEFENSE Subject matter jurisdiction is lacking and,therefore, Complainant's claims should be dismissed. TWELFTH AFFIRMATIVE DEFENSE At all times relevant hereto,the Respondents have acted without malice to Complainant and their actions as related to the Complainant are privileged by virtue of acting reasonably and in good faith within the scope of their authority. THIRTEENTH AFFIRMATIVE DEFENSE All.of the actions taken by Respondents with respect to Complainant were justified for legitimate non-discriminatory administrative reasons. FOURTEENTH AFFIRMATIVE DEFENSE The Complainant's claims are barred by the doctrine of estoppel. FIFTEENTH AFFIRMATIVE DEFENSE The Complainant's claims are barred by waiver. I declare under the penalty of perjury that the foregoing statements are true and correct to the best of my knowledge and belief. IN G RE ORIO, G ENFORCEMENT OFFICE OR TOWN OF BARNSTABLE [2007-01941abs-hud-richardvstob11. 5 WHEREFORE, the Respondents respectfully pray for judgment against the Complainant as follows: (1) That a decree be entered dismissing Complainant's Complaint. herein; (2) That judgment be entered in Respondents' favor under all counts of Complainant's Complaint; (3) That Respondents be granted their costs, disbursements, and attorneys' fees in the defense of this action; and, (4) That Respondents be granted such other and further relief as to this Court it deems just and appropriate. Dated: December 27, 2007. TOWN OF BARNSTABLE, and ROBIN GIANGREGORIO, ZONING ENFORCEMENT OFFICER, TOWN OF BARNSTABLE,Respondents, By their Attorneys, Y i RUTH J. IL, [B.B.O. No. 519285] T. DAVID HOUGHTON, 1 st Assistant Town Attorney [B.B.O.No. 241160] CHARLES S. McLAUGHLIN, JR. , Assistant Town Attorney [B.B.O. No. 336880] TOWN OF BARNSTABLE 367 Main Street,New Town Hall Hyannis,Ma. 02601-3907 (508) 862-4620; (508) 862-4724 TO: MARCELLA O. BROWN,DIRECTOR BOSTON HOUSING&URBAN DEVELOPMENT [2007-01941abs-hud-rich ardvstobI1 6 t. Y OFFICE OF FAIR HOUSING&EQUAL OPPORTUNITY O'Neill Federal Building 10 Causeway Street Boston, MA 02222-1092 617-994-8300 TO: EDWARD L. WELLS, JR., ESQ. Attorney for Complainant Raymond Richard P.O. Box 902 Buzzards Bay,MA 02532 508-295-2902 CERTIFICATE OF SERVICE Barnstable, ss: January 2, 2008 I hereby certify under the pains and penalties of perjury that on December 27, 2007 I caused to be served by first-class delivery,postage prepaid, a copy of the above document with a facsimile signature by Robin Giangregorio and I am herewith sending copies of the duplicate original to Respondent's attorney, Edward L. Wells,Jr. uth Weil, T wn Attorney . own of Barnstable [2007-01 Nabs-hud-dchardvstob1 7 s r TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION neap! 6' 070 . Parcel c2 7 Application# a6 Health Cvision '1 Conservation Division Permit# Tax Collect 1 Date Issued Treasurer Application Fee e Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board ��-- Historic-OKH Preservation/Hyannis Project Street Address /_3 V1.41n G It /41Z_"14A.c1 Village JL,own" is Owner An r tv A Address Telephone 6 S-b 7213 rqc Permit Request o - �.��ncsv-� 2 fr�rcLj DNS Square feet: 1st floor:existing &. proposed 2nd floor:existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation 2° Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure i Historic House: ❑Yes 1�f No On Old King's Highway: ❑Yes $No Basement Type: 1 Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full:existing �_new Half:existing, f new 0.amber of Bedrooms: existing_? new Total Room Count(not including baths):existing new First Floor Room Count Heat Type and Fuel: $4 Gas ❑Oil ❑Electric ❑Other Central Air: ❑Yes )I No Fireplaces: Existing j New Existing wood/coal stove: ❑Yes k ;kNo Detached garage:0 existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new.::size Attached garage:q,existing ❑new size Shed: existing ❑new size Other: : ,Zoning Board of Appeals Authorization ❑-Appeal#- a Recorded 0— Commercial ❑Yes ❑No If yes, site plan review# Current Use Proposed Use ��B""UILDER INFORMATION Name /A Y M U ��G rd D Telephone Number Cs� > 7 /,3 Address 3 L l �c A yL License# ' A Alid i, O Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO �h" � E SIGNATURE ) �^'y DATE F; I FOR OFFICIAL USE ONLY v � s PERMIT NO. r DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER � I DATE OF INSPECTION: FOUNDATION --A FRAME arC rr - S y# INSULATION FIREPLACE ' ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ,+ A ASSOCIATION PLAN NO. 1 S S IRE,p� Town of Barnstable Regulatory Services r BARNS'^BLF" ' Thomas F.Geiler,Director y "ss. $ i639• .0 Building Division g Tom.Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 ; Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c: 142A requires that the"reconstruction,alterations,renovation,repair,modernization,conversion, improvement,removal, demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. GaJ� Type of Work:Li &��I ), a/ j A-W nW/a��, st�rnated Cost4&Q Address of Work: /,3c2 �- Owner's Name: Date of Application:_ I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded by law ❑Job Under$1,000 []Building not owner-occupied ,®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 Signature Registration No. OR Date Owner's Signature Q:wpfiles.forms:homeaff day Rev: 060606 .A Town of Barnstable " Regulatory Services BARNSTABLE, : Thomas F.Geiler,Director 9 MASS. 4iA 1639• ,•A Building Division rE0 MA'1 Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 - Fax: 508 790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: L) - JOB LOCATION: 13 .2 jnumber n }� street �` � il vlage "HOMEOWNER": ��-1iI ' sf� i` 4 ✓c�� `---® 7-7/3 name 11 home phone# work phone## CURRENT MAILING ADDRESS: 3 2 !a_ E'y tll e R city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be, a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requiremen and that he/she will comply with said procedures and requirements. L 1 /7 d Signature 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 exemp=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 The Commonwealth of Massachusetts Department of IndustrialAccidents Office of Investigations a 600 Washington Street Boston,MA 02111 �•''� www mas&gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/orga�ationa ividual): Address: /3 Z Ar� tie r✓ !/C- City/State/Zip: / N Iv t S ;14 o z. o Phone#: C Are you an employer?Check the-appropriate box:. Type of project(required): 1.❑ I am employer with 4. ❑ I am.a general contractor and I 6. employees(full and/or part-time).* � have hired the sub-contractors �New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet $ 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 workers' comp. insurance 5. � We are a corporation and its required.] officers have exercised their 10.❑ Electrical repairs or additions 3.( I am a homeowner doing all work right of exemption per MGL 11.❑ Plumbing repairs or additions myself:[No workers' comp. c.152,§1(4),and we have no 12.❑ Roof repairs insurance required.] t employees. [No workers' 13.❑ Other comp.insurance required.] . . *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information: 'e t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub-contmetors and their workers'comp.policy information. I am an employer that is providing workers compensation insurance for my employees'Below is thepolicy and job site information. Insurance Company Name: Policy#or Self-ins.Lic..#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to.secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$.1,500,.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under thepains and penalties of perjury th the information provided above is true and correct c Si atare:. Date:* D Phone#:. Official use only. Do not write in this area,to be completed by city.or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2..Building Department 3.City/Town Clerk 4.Electrical Inspector'5.Plumbing Inspector .6.Other Contact Person: 1 Phone#: Information and Instructions J, Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as:".an ndividuat.pa� nerAv,,association, corporation'or other legal entity,or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do-maintenance, construction or repair work-on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an.employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any. applicant who has not produced acceptable evidence-of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence.of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if. necessary,supply sub-contractor(s)name(s), address(es)and phone number(s)along with their certificate(s) of insurance. Limited Liability Companies (LL or Limited Liabfiity Partnerships(LLP)with no employees other than the C) members or partners' are not required to carry.workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit maybe submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city Or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below.. Self-insured companies should enter their. self-insurance license number on the appropriate lime. City or Town Officials . Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant Please be swe"to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the.affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is-on file for:future permits or-licenses.' or licenses..A new affidavit must be filled out.each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and.fax number: The Commonwealth of Massachusetts . Department of Industrial.Accidents a, ..Office of Investigations 600-Washington Street Boston,MA 02111.. Tel. # 617-727-4900 ext 406 or-1-877-MASSAFE Fax#617-727-7749 Revised 5-26-05 www.mass.gov/dia ` Engineeiqxng Dept.(3rd"floor) Map 0 -70 Parcel Permit# p� 7 House# 3 ' Date Issued 4 raft 3rd oor) 8:15 -9:3 /1/ :30) -2 :1 C ( r�A Fee t n Conservation Office(4th floor)(8:30- 9:30/1:00 7'2:00) -Ill 10 Q!� PlanningNlan pt. (1st floor/School Admin. Bldg.) �1HE r Ic Approved by Planning Board e 19 f _ RARNSTARLE. I ' �jEO NIP•a`� TOWN OF'BARNSTABLE Building Permit Application ; reet Address 1 j �.7 1?.q,�-Gt� C-i AS— �1�f . `f Village .gyp Owner ��Q IV /� /1 /G Ai2 0Address o � 357 Telephone (ro s. -Permit Request �`rL A G C /�N S%©IU ,First Floor '`l 63� square feet Second Floor_/�� square feet Construction Type li'U Estimated Project Cost $ &V-?/ Zoning District Flood Plain Water Protection Lot Size 16 Grandfathered ❑Yes ❑No (J Dwelling Type: Single Family Two Family ❑ Multi-Family(#units) Age of Existing Structure j , r/PX-;eHistoric House ❑Yes �d No On Old King's Highway ❑Yes �M No Basement Type: ❑Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Ali'0 Basement Unfinished Area(sq.ft) • A Number of Baths: Full: .Existing New Half: Existing _ New No.of Bedrooms: Existing ' New , ' Total Room Count(not including baths): Existing New A-)0 First Floor Room Count Heat Type and Fuel: Z-161 as ❑Oil ❑Electric ❑Other Central Air Yes ❑No Fireplaces: Existing New VP Existing wood/coal stove ❑Yes IJ No Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size) M Attached(size) /y X 2-2 r ❑Barn(size) ❑None ❑Shed(size) ❑Other(size) Zoning Board of Appea thorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, Ian review# - Current Use - Proposed Use Builder Information Name Telephone Number Address License# Home Improvement Contractor# Worker's Compensation# NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE BUILDING PERMIT ENIED FOR THE FOLLOWING REASON(S) FOR OFFICIAL USE ONLY 40, a._.PERIVIIT NO. DATE ISSUED i r MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION J n - FOUNDATION P FRAME - INSULATION , FIREPLACE ELECTRICAL: ROUGH FINAL + PLUMBING: ROUGH FINAL GAS: , ROUGH FINAL FINAL BUILDING DATE CLOSED OUT- ASSOCIATION PLAN NO. 1 of Barnstable 7 TheTown ' 9 f gealth Safety and EnvironineIItaI Services DepartmentoBuilding Division 367 Mara Street,Hyaanrs MA M601 Ralph Cr=er- Ofce: 508-790-6227 Building Coma: Fax: 508-7 90-6Z30 i For office use only . Permit no. c Date AFFIDAVIT HOME MWROVEMENT,CONTRACTOR LAW ' SUPPLEMENT TO PERMIT APPLICATION that the anconstructfon, alterations, renovation, repair, modernizztion, MGL a 142A requirespm-existing conversion, improvement, removal, demolition, or construction of as addition to any p g owner occupied building containing at feast 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 requirementL ZType of Work: Gam- Est.Cost �ddress of Work: /3 -2 7w er's Name Date of Permit Appiication: p - 9 I hereby certify that: �. Registration is trot required for the following re=on(s): Work excluded by law _Job underS19000. Building not Wmerwecapied Owner pnittng own permit Notice is hereby given that: OWNERS PULLING THEM OWN PERMIT OR DEAEJNG WITH UNREG23ZERED CONTRACTORS FOR APPLICABLE HOME VMROVEMENT WORK DO GRAM OR GUARANTY FUND UNDER MGLO I42A � ACCESS TO THE ARgiTRATION PR SIGINW UNDER PENALTIES OF PERJURY I hereby apply fora permit as the agent of er: Ai'l /ZZ- 1—D9 Regis=tion No. Date T114• C11111111111111'Culth q f.-Vasiachuserr %+-i.• - -=j.;_ Depart111c•1rt of ludilrrrial Accidents a y; OfffCgOf YES&gativtts 6tV Washing-um Street ' 4 Brtsta .Mass. 03111 «'orkcrs' Compcnsntion Insurance AMO.Ivit i iicint inftirmntion P!C Se PRINT I=,bl,v : am a i meowner performing all %vork myself. I am a sole proprietor and have no one tivorl:ing in any capacity I am an employer providing workers' compensation for my employees working on this job. cnnrn•rrn• n•imc- •irirlrr•c- cir nhnnc d- ' incnr^ncr rn nnlict•>Y [ i am a sole pronrie:or. general contractor. or homcW%ner(circk otter and have hired the contracmrs listed beio%%, wr the ,0fowin_ .vorkc:-s* compensation polices: cmmrnni nnmr- atirirr«• cir •• nhnnc a• in�rrr-nrr rn ...� ---- .�._ _ _. _� �_� ,�•T ram• n. _ _ Tr' rnmr.^nc nnrnr•• - nthf rr— rir�•• 4 nhnnc#• nniic`•ti incur-nrr rn - - _ At1z[is auditio_nal sheet if necesiii-v �._'_ :, _''. :�,':::: ... .'r......�: •r......•�.. _..�r..N�.....�+: � .—.. •..ru...� F:nrurc ui S'ecurc coverace as required nucr section:`A of MGL 152 tan lead to the imposition of criminal penalties of a tine up to SI_OO.UO anurc: unc cars' imprisonment :is %tell as civil penalties in the form of a STOP WORK ORDER and a fine of sI00.00 a day against me. I understand th_t- cop} 'If thi., .Niateittcnt nta1 be fur.vnrded to rite()tree of Investicztions of the DIA for coverage verification. 1 do hercnr cerift•untier rite pains and penailies(7jperju •ilia to information prorided above is true acid correct. Si=t:zturr"•/ - Date P; ^art: Phone>; /-"�,)t�Tincizi use univ dii not write in this area to be completed by city or town otliciai . t rerntidlicense �t3uiidin_Department cir} ar tntvnc Cuccitsinr sward k bcicrtmen's Uftice t" check if iminetiiate respunse is required Q �' [_'tltcaith Department r phone it• —Uthcr cootnct ncrNon: Information:and Instructions . r t Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' c:ompc»sation for thei employces. As quoted from the "law-. an erupt({ree is defined as every person in the service of annul'.under ally contract of hire, express or implied, oral or written. An emph rer is defined as an individual, partnership, association. corporation or other lcgalen1i1v. or any two or more the foregoing engaged in a_joint enterprise. and including the legal representatives of a deceased"c i�plover, or the receiver or trustee of an individual , partnership. association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein. or the occupant of the dwclling house of another who employs persons to do maintenance ,construction or repair work on such dwelling hou or on tite ;,_rounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that even- state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant m ho has not produced acceptable evidence of compliance with the insurance coverage required. Additionally•. neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter hz been presented to the contracting authority. Applicants Please fill in the workers' compensation affidavit completely, by checking the box that applies to your situation and supplying company names. address and phone numbers as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the cite or town that the application for the permit or license is being requested. not the Department of Industrial Accidents. Should you have any questions regarding the "law' or if you are required to obtain a %vorkers' compensation policy. please call the Department at the number listed below. City or towns Please be sire that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Plea: be sure to fill in the perm it/license number which will be used as a reference number. The affidavits may be returned tc the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questionE please do not hesitate to give us a call. ....yyv�.+•.-.... ...�_..�.-v:-...•_ ..•�ww.r.-...•.:-��.v..-s+w...i-.....-.n+.rtw.+�+�+�+a....+= .. - 77 w—......ewe-.w..r-.a,orn:rr_Ir••Tr ,...�. Tile Department's address. telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents Office of investigations 600 Washington Street Boston,Ma. 02111 fax #: (617) 727-7749 phone #: (617) 727-4900 ext. 406, 409 or 375 TOWN OF BARNSTABLE • . BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please print. . DATE s JOB. LOCATION C Number Street address Section of town "HOMEOWNE ` ,dy I p)V L) /�/ /`/C-lijl�.for C5-0V > `70-2 �J_ J s1Q Name Home phone Work phone - PRESENT MAILING .ADDRESS :�,-X In if A5 =''•- City town State Zip code The current exemption for "homeowners" was extended to include owner-occumiE dwellings of six units or less and to allow such homeowners to engage an in- dividual for hire who does not possess a license, provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER: Persons) who owns a parcel of land on which he/she resides or intends to re side, on which there is, or is intended to be, a one 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 Offic. on a form acceptable to the Building Official, that he/she shall be resnonsi: for all such work performed under the building permit. (Section 109.1. 1) The undersigned "homeowner" assumes . responsibility for compliance with the S Building Code and other applicable codes, by-laws, rules and regulations. The undersigned "homeowner" certifies that he/she understands the Town of arnstable Building Department minimum inspection procedures and requirements nd that he/she will comp ' with said procedures and quirements. OMEOWNER'S SIGNATURE �,�v ' .� 0/ kPPROVAL OF BUILDING OFFICIAL �Ote: Three family dwellings 35 , 000 cubic feet, or larger, will be re °0 comply s required P y with State Building Code Section 127. 0, Construction Control. ' 1 v HOME OWNER'S EXEMPTION The code state that: "Any Home Owner 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 Home Owner engages a persons) for hire to do such work, that such Home OwnE shall act as supervisor. " . Many Home Owners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q, Rules and Regulations for . licensing Construction' Supervisors, Section 2.15) . This lack of awarene often results in serious problems, particularly when the Home Owner hires unlicensed persons. In this case our Board cannot proceed against the inlicensed person as it would with licensed Supervisor. The Home "Owner act_ as supervisor is ultimately responsible. To ensure that the Home Owner is fully aware of his/her responsibilities, ma: communities require, as part of the permit application, that the Home Owner certify that he/she understands the responsibilities of a supervisor. On the last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community. - t �fI fRA/YcE J4 Ve . EX T, Pie i v,*T� x/o ° r o E_ w y'/S"E • 7 /r3,ac - 98 � —i 3S o 37 9 pt K L o— ao / L o T 3 5 °' o L 07- o �Di 3 Sv SF?) ZoNE RB . �o�%�i o S�T►3.44 i(Na TL �s � foLo7- /6 i yr LOT / s ' AR r�, Sr.-c 7 r. OF CERTIFIED PLOT PLAN �qS i L E>e 7 ROBERT �- ELDREDGE IN No. 193S7 1 Y SCALEi / 4 ✓ ' GATE= 3�3w/s s ®me Dmer E Q EE N6 CLIENT A I CERTIFY THAT THE ` •�� N e.9r. .; EG13TERED REGISTERED SHOWN ON THIS PLAN 13 LOCATED LAND "ION NO. �i�s ON THE GROUND A9 INDICATED A" CIVIL / CONFORMS TO THE ZONING LAWS ENGINEER SURVEYOR ,SY� --TZ" '�� OF SARNSTA®L A 8. iSF CH.®Y$ ..�.._._ 712 MAIN STREET / �3 HYANAIS, MASS. SHEET_4OF_.., A E REG. LAND BUs�VEYOR � rr ice:=-� � � • � j . o� • I � /� I��`�� 'I � =J ` - a, j. � • •� j - - - � ...fie __ s � • e • � , 1 2 i cd o /VG h o R fps L.TS I vT ��sri►� I WALE co�c L=ASS � _ A DDATloAl cAR 4GA RAGE' to f � Sid 10 sCA4.6 1. ---- X. -...._.. 6 _ _..._ ,. .... . . ,..., .. T. S/ Sri l)PA T) nA l 1 A y �x�sriNG X b � . )� I o - (dop ---- ��' i FRS` ,2"ZFVATl , ei e . , cuT Ex 1sri J I WALL FS'LA ' � i A DPATl oAf E x �'I NCB � ► cAR. QA-q G i � I i I _ Sc Al- e ` ` s ,_..._...— __-_ �.._... _,.._..�..._._._....�. .. .. ..._ ...__ ........-..Y...._.. ,..,. .......... _ A 41, WAS.L> A4 1 ID, sc�� .... ... _. ...-._ ...... w _. X 6 Ste c. couc Q __ 10, . 6 ui4 �"`. / "IN 7X9 GAR AG Ste . Z F VA r/ ,o N TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION 14/ Map 2 Parcel Permit# �©S7 1 kealth Division Date Issued 51t aOCO Conservation Division f� s 3��®, Fee Tax Collector %�13D��1 cmt 1 j Treasurer • 6 1 Planning Dept. Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis , O `Project Street Address / 3 - A A RA VC 4-� 11 C Village °U Owner 1?A Y M o bu Q %C/G Address Telephone Permit Request Square feet: 1 st floor:existing / proposed 2nd floor: existing proposed Total new Valuation Zoning District Flood Plain Groundwater Overlay Construction Type Lot Size /°r X 19 Grandfatliered: ❑Yes O No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family 0 Multi-Family(#units) Age of Existing Structure Historic House: ❑Yes 91 No On Old King's Highway: ❑Yes -)d No h . Basement Type: '&Full ❑Crawl O Walkout ❑Other Basement Finished Area(sq.ft.) 0y Basement Unfinished Area(sq.ft) A/"/z'v�C ©,(' 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: OAas ❑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:51 existing ❑new size "Shed:0 existing ❑new size Other: Zoning Board of Appeals Authorization Cl Appeal# Recorded❑ Commercial ❑Yes 91 No If yes,site plan review# Current Use we-l_ ('W 6 Proposed Use BUILDER INFORMATION Name�i4�'/�/�1� /) 6060/VE R)Telephone Number Z Address /23 s A 13aV License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE 1130/v/ r t FOR OFFICIAL USE ONLY • PERMIT NO. DATE ISSUED MAP/PARCEL,NO: 1 s t } 6_ a ADDRESS . k w VILLAGE OWNER DATE OF INSPECTION FOUNDATION ` ' i • FRAME INSULATION FIREPLACE - ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL ' GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT r ASSOCIATION PLAN NO. # ! c The Town of Barnstable " Regulatory Services Thomas F. Geiler,Director Building Division Elbert Ulshoeffer, Building Commissioner . ' 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO,PERMIT APPLICATION . MGL c. 142A requires that the"reconstruction,alterations.renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions,along with other requirements. �,, Cost- 0 Type of Work: Estimated Address of Work: / 3 Z � Owner's Name:_RA %07 a/U p I I / C-,/I A P Date of Application: I hereby certify that: Registration is not required for the following reason(s): []Work excluded by law []Job Under S1,000 QB Iding not owner-occupied [QOwner 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 a 142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner. Date . Contractor Name Registration No. O Date Owner's Name q:forms:Affidav The Commonweailh of Massachuse= _�_ — Department of Industrial Accidents �� 01flctallopestlgatloas ^�a r 600 Washington Street Boston,Mass. 02111 Workers' Comuensation Insurance davit m�rsurr� %iiri703/m/ iiii nsme� I amCitV h==wner P=ftming au work myself Q I am a sole D=u-V—nc az and hm no one wawa in=r cmglmver prmvitiiag worms' t:a�easatiion for mp es>Ioyees ihu jo as ma b. •mew:,.;......:•:r.v:::v.,su+wxw::.�.::.:!LM:r.••!!?fA+CSR'yNyw.wf.:w!!w.8:•:47p,,.'o7MMOP7NMN.0 .,. ,..:::•.......... ...:w:::...:.:.v.:.::.v.v:.:.�. r .................:...-......-..:.-..... .. .. ...•. :::u,.......:!tvwx...,.;:.::::• ... ..... w•.i.='•;':v.,vtvv.:•:.•.w..:::::... ............. ......... ......w ....m.......v.... ...... ..... .... ..w9Cww.........:........ v:. ..-.w::{{:-.....r:ti i:::..,............... .. ...-... ....:...... ....... .... :. -:.•.$. .... .Y. :v.. •... y{.•:;w::•••;:•.y.:;�l.'Y;i: :::.:;,:;;:�:t��i`:: ..:.t.-..;..:•............:;.v.�............. ..... ww.}%.�w.,.0.} vh .. .:4,. � .. ..r......{........ ...:.t^^0%7d:;.:.{!{•;•';•:i:::}:i;:;Y;i:}$??! ��-:v.:::..: .'' :.v:w:fix,:•v v.vw:•.vv:;; ..:....:.v::.v v ..............:w.:. . .... .t..Y.w 0, �M• ;`}xrti:,... 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Darr � �O �� • k IF/` Ph=# aincW use only do not writs in this mm to be cornpieted by cut or town oB1da1 dt►or town: Peent!llcense ff ❑B�L DcPard . ❑IlctasmL Bad Ic3 c=kifiamedLts:aponu v required ❑Sdccunrn's off` ❑Health Deoar=Cw coauct Person, phone it; • • .. •••• • •1• �1•e•• •• •r11 • • • • • • ••/t• - ••• 11 • • • �• • J / / • • /• • 1• • • • •• • •t1•• �• • • ••�• • • • 1/ • i-1•JL • It • IH ••• •• • i ire" • • •1 • • JG • �••IY.•• • • • h /• • 1• • 1• 1• •1 • .et ads .1• . 1• •-• / • �1•e1• • • •1• /• •• •• •1.1�•1 • •••I• • /«• •11 •1 • / • •1•. •1• M• • • • • •• • •It • • • •1 • • • •«•✓1•I ••�1 MI• • 1 •• •_0.:1/ • • • �•111• • I•�./ • •mow••!• 1 :J• •I gas •111 •1 I I .11 • 11•vl/ -+l 1 •• M111 • / r • 1 k 110 16• J. r •1 _ r/ Iu11 1 1IA • 1 1 • • 1 r/ 111/ • 1.1 1 - 11 1• .11 r rl •pNR••• • �/. ode . •I .I• • •1 1► Fog ••«^ ♦1 ••1 • ♦ •1• `II 1 raa IIU• ... • ♦.1...► •1 coo of so Y. • • • •1 r•11/1• ./1 1•• 1./ 1,1♦ •I•:••« _• //• �•••w•IA •1 ••• MI .10•— e / • t. of 1 1• /• •1•.•ww r•q•I•�• y•• •n J•• •v • 1 ••nn1 •B• of • •••1••••%U • •KI.1 w • •I•w'A .111• •U •U/ IUIH •ww •�11• •••/It/•_• 1• •• . •.• •/•••••1 elm111•U►\••Y. w • H� 1.1 ••111•••rrY 1• •I•IF*sit I A`I.19�11 /1 .• • 1 1/ •• • • • Y/ • I its a•• r•1••r—• I• /1 .•1 v •I •• IIre...I 4 11 .1• • «:I• •1• t•1 •• •ti•••11 •1 ••••• • • •_• 1 1 /• • .•••1•_H •I 1 •11� ••Y. «1•r11A \rl•1• • • •1• Ir • 1 • 1 ' • /w • •11 wart •••• • /• •1 1•• • •• • • r.•I• •i•.•ww •••nu•_IA.1• •Ir • • • .•: 1 •• • w•r.• •••_r• .1 •• - t •' IA • •• •• .• p •/ •r • wnn• .0 • •1 • •-.v Nru •I/A • _ •• ••w•r « •• • wr1 ••U • /t .•• • •>•iq/ • ••• 1•. •IY. • •e• •• • • • nr. •/ •s@ wv/. • ••-• .••�:•• Lw••1-.u� •r. • •�.• ••r. • • • • w • XU•1• ••• 1 • �.� /• •• .0 - • • • Is 10 • ./• • ••/ •• •m••••• .•••N d•• /• • • t q • • illose • •• • wee• •• � • • .� 1 1 1 1/ /1 1 1 1 • / 4 1 • ••• 1 1 i t • • • . 11 ` 1 I • 1 1 ' " The Town of Barnstable a�etvsreerE. 1 59. �e Regulatory Services Thomas F. Geiler, Director Building Division Elbert Ulshoeffer, Building Commissioner 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Fax:, 508-790-6=:0 HOMEOWNER LICENSE EXEMPTION Please Print DATE: I JOB LOCATION: l 1A jQ/VG 411C /4 numbbjer / street village "HOMEOWNER":. /—'�GY�f) � >� �— Z 3 5 —7 name home phone# work phone rt CURRENT MAILING 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 supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner'shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. s The undersigned"homeowner''certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedure and requirements and that he/she will comply with said procedures and require ents. signal of Homeowner Approval of Building Official Note: Three-family dwellings containing 35.000 cubic feet or larger willbe 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 j provisions of this section(Section log.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:HXEMPTN .LfI f/eANcE A VC, EX T, • Pie/V.4 TAr 'lo' 3 gir "E .. . � •:. . /ram,oo • .. ZC •. lb 3S-o N ft 38 - —y .off ,. .. L — toL Z oNE �B ors uo y31 LOT s- . Z_ 0 7- /G iC/Vo TL.'ASs�r fO:or /Oxarec ART�•� Sl.=cT•�: jtF CERTIFIED PLOT PLAN ,L -7 oaww c.E A ROSERT e. �, AlYA IAA i s La ELDREDGE' No. 193S7 yr IN off�fCISTE��O a`" A A j1 h 3 t A j3 s/ �� 24 A$$# 8CALEs -Vy� -DATEs S D GE E GIAIEE NB-ca jNcj i CERTIFY THAT THE F, OIy e,9r. CLIENTI E8ISTERED REGISTER SHOWN ON THIS PLAN 13 LOCATED ED =.i�S. CIVIL LAND JOB NO. ..�_ ON THE GROUND AS INDICATED AND ENGINEER SURVEYOR DR.SY, _7rs CONFORMS TO THE ZONING LAWS OF OARNSTA9L A 8. 712 MAIN STREET "' CH.®Y& 143- — - y �J — HYANFIIS, MASS. SHEET / OF bAtE REG.. LAND SURVEYOR kvQPQ,t VENTnOp�o Zero 4I I� a°o 0 10T3A30 N�6 U.S. Department Of Housing and Urban Development Office of Fair Housing and Equal Opportunity, Thomas P. O'Neill, Jr. Federal Building 10 Causeway Street, 'Room 321 Boston, Massachusetts 02222-1092 Town,of Barnstable 367 Main Street Hyannis, MA 02601 Dear Respondent: Subject: Housing Discrimination Complaint Richard •v. Town of Barnstable Inquiry No. : 244533 HUD Case No. : 010800938 On 11/20/2007, the above-referenced housing discrimination complaint was filed with the U.S. Department of Housing and Urban Development (HUD) under the Fair Housing Act of 1968 (Act) as amended [42 U.S.C. §3601 et seq. ] . On 02/27/2008, the complainant informed this Office that the parties .have agreed to a private settlement of the issues involved in this complaint. The complainant subsequently executed a written withdrawal of the complaint and has submitted it to this Office. This is to advise you that, after receiving proper notice that the above- referenced complaint has been withdrawn after resolution, HUD has terminated its investigation, and has administratively closed the complaint. This closure is not a determination on the merits of the allegations contained in the complaint. Retaliation-is a violation of the Fair Housing Act. Section 818 of the Act makes it unlawful to retaliate against any person because he or she has filed a housing discrimination complaint; is associated with a complainant.; has counseled or otherwise assisted- any person to file such a complaint; or 'has provided information to HUD during a complaint investigation. Section 818 also protects complainants against retaliatory acts that occur after a complainant has withdrawn, settled, or conciliated a housing discrimination complaint. Any person who believes that he or she has been a victim of retaliation for any of the reasons listed above may file a housing discrimination complaint with HUD within one .(1) year of the date on which the most recent alleged .retaliatory act (s) occurred, or .ended. If you have any questions regarding this closure, please contact Russell J. Archibald, Investigator, at (617) 994-8300, for assistance: Sincerely, Marcella 0. Brown FHEO Region, I Director ' 010800938. QPP.I ENT OfAr - - C m - 0 m9 0lllll IlJeac> _ .- . O= �3A3U N U.S. Department Of Housing and Urban Development Office of Fair Housing and Equal Opportunity Thomas P. O'Neill, Jr. Federal Building - 10 Causeway Street.; Room 321 Boston, Massachusetts 02222'-1092 December 11, 2007 Robin Giangregorio Town of-Barnstable 200 Main Street , Hyannis, MA 02601 Dear Respondent: . Subject: Housing Discrimination Complaint Richard v. Town of Barnstable Inquiry No. 244533 HUD Case No. 01-08-0093-$ We have received a formal complaint alleging that you have engaged in one or more discriminatory.housing. practices under the Federal Fair Housing 'Law, 42 U.S.- C.-Sections 3601-3619. We are required .by statute to send you a copy of the complaint. We are enclosing a copy of the complaint. for you. The alleged discriminatory practices are identified in .this complaint: We have made no determination as to whether the complaint against you has merit. . The purpose of this letter is to inform you of: 1) the rights you have .in responding to this complaint, 2) the rights each complainant has, and 3) the steps the. U.S. Department of Housing and Urban Development (the Department) will take .to determine whether the complaint has merit. In order to insure that the Department informs you properly of-the law's "requirements, this notification letter contains language required by the-_ law. A' - ! similar letter is used to notify all parties whenever a formal complaint has been (_ filed with the Department under the Federal Fair Housing Law. V''1e ate governed by federal iaw, which sets out whaC steps we Itiusi. take -when a , formal complaint is filed. The law also. includes ste s ,that p you can• take to answer-- or ,refute the allegations of this complaint. Under federal .law, any answer from you to this complaint can be filed within 10 calendar days of your receipt. of 'this letter or receipt of a letter notifying you of any amendments to this complaint. Your answer must be si ned and g you must affirm that you.have given a truthful response by.including the statement•'"I. declare, under penalty of perjury that the foregoing is true and correct." 3 You will be allowed to amend your statement at 'any time, if our investigation shows that it is reasonable. and fair for you to do so. Our responsibility under -the .law is to undertake an impartial~investigation and, at the same time, encourage all„sides toflreach an agreement, .where appropriate, through conciliation. -:The law requires us to complete our investigation--within 100 days of_ the date of the official filing of the complaint. If we-are unable to meet the 100-day requirement for issuing a determination, the .law requires, that we notify you and the complainant (s) and explain the• reasons why ,the investigation of the complaint is not completed. w In handling this complaint, we will conduct a a p impartial investigati'on .of `ahl claims that the Fair Housing Act has been violated.. , If the investigation indicates 1. that there is not evidence establishing jurisdicton,. the case will` be dismissed. At . any point, you can request that our 'staff assist you in coricilia'ting (or set'tling),, this complaint with the complainant (s) . -If`the case. is not resolved,'-we will complete our investigation and decide whether or not the evidence indicates that' , there has been a fair housing.violation. If `the parties involved have not reached an agreement to settle the complaint, the Department will issue a determination 'as to ` whether there is reasonable :'cause to�bel'ieve` a, discriminatory housing practice has occurred. f If ourinvestigation indicates that there is 'reasonable cause to believe that , an unhawful discriminatory housing practice has occurred', the Department ,must` issue a ' charge. If the investigation indicates -that there- s no reasonable..'cause`to believe . ,that discrimination has occurred, the complaint, will, be dismissed.;. In. either -event, you will be notified in writing. If the determination is one of reasonable cause, the notification will advise you and the complainant (s) of ,your rights to choose, .,witliin''20 days, whether you'wish- to have the case heard by an Administrative Law ,Judge or to have the matter.. referred for trial in the .appropriate U.S. District Court Each complainant has the legal right to fi'le, such a 'suit, even-if-the 'complaint formed the basis for a charge, as long as an Administrative Lawt Judge has-,not, started a hearing on the record with respect to the charge. ; Under federal.,law; even, if the, Department dismisses the complaint, each .complainant.still- has the right to file an individual lawsuit under the Fair Housing Law in an` appropriate federal, 'state. or local court within two .years of the date of -the alleged'' discriminatory practice ,or of _ the date- when a conciliation a agreement has been violated. . The law does not count, as part of the _two-year :period, any of.,the. time` when a=proceeding ,is pending with the, Department. r There may -be, 'other .applicable, ,,federa1, state., or- local statutes under which you and/or the complainant(`s) may initiate court action. - You may consult a private attorney in this r��gard. The law alsoorequires us to,notify you that section`- 818 of the Fair Housing Act makes it unlawful for you;; or anyone jacting on your behalf, to coerce, 'intimidate, ,threaten, or interfere with any person, in the exercise or. enjoyment off any right granted or protected under the-Federal Fair Housing, Law. The law '-also mak'e's ,it ` illegal for anyone to coerce, threaten or, interfere with. any, person for having aided or encouraged, any other person in the exercise or enjoyment',of, any right or, protection granted- to them,under the Federal Fair Housing Law;, ^ t r, s w Some explanatory material on the law is enclosed for your information. If you have any questions regarding this case, please contact bur office at (617) 994-8300. Please- refer to the case number at-the top `of this letter in those contacts, and keep this office advised of any change of yo.ur address or telephone number. We hope this information has been helpful to you. Sincerely, Marcella 0 Brown FHEO Region I- Director Enclosures HOUSING DISCRIMINATION• COMPLAINT CASE- NUMBER: 01-08-0093-8 1. Complainants Raymond Richard 132 LaFrance Ave Hyannis, MA 02601 Representing Raymond Richard: Edward L. Wells, Jr: , P.O. Box 902 Buzzards Bay, MA 02532 Phone: 508-295-2902 Fax: 508-291-3041 2. Other Aggrieved Persons None. 3. The following is alleged to have occurred or is about to occur: Using ordinances to discriminate in zoning and land use. 4. The alleged violation occurred because of: Handicap. 5. Address and location of the property in", question (or if no property is involved, the city and state where the discrimination occurred) : 132 LaFrance Ave Hyannis, MA 02601 6.., Respondent(s) Robin Giangregorio Town of Barnstable 200 Main Street Hyannis, MA 02601 - Town of Barnstable 367 Main.Street Hyannis, MA 02601 i. 7. The following is a brief and concise statement of the facts regarding the alleged violation:- Complainant is a recovering alcoholic with. twenty-two years of sobriety. Since 2000 he has :opened up his home to provide transitional housing:to other recovering alcoholics. The house , now has ten bedrooms. Each of the residents has his own bedroom and pays below-market rent. The local drug court has referred defendants to the Complainant., On or about November 6, 2007, a ,police, officer, zoning enforcement• officer Robin Giangregorio, building inspector; building commisioner, and the board of health came to" .Complainant's home and told him that only two to three unrelated people could live together in a residential zone. Complainant has explained that the residents are disabled and has requested an exception to the zoning ordinance as a- re.asonable accommodation. Respondent has refused to consider the reasonable accommodation request. B. The most -recent date on which .the alleged discrimination occurred: November 6, 2007. 9. Types of Federal Funds identified: None. 10. The acts alleged in this complaint, if proven, may constitute a violation of the following: Section 804a/b or f of Title VIII• of the Civil Rights Act of 1968 as amended by the Fair Housing Act of 1988. Please sign and date this form: I declare under penalty of perjury.that I have read this complaint (including any attachments) and that it is true and correct. - j Raymond Richard (Date) N. 0 T E HUD WILL FURNISH. A .COPY OF THIS COMPLAINT TO'THE PERSON OR . ORGANIZATION AGAINST WHOM IT IS FILED. U. S . Department of Housing and Urban Development Fact Sheet CONCILIATION UNDER THE -FAIR HOUSING ACT During. the period commencing from the filin g of a housing discrimination complaint, until a determination of "Reasonable Cause" or "No Reasonable Cause" ,is reached, ,HUD must offer the parties every reasonable opportunity to settle the issues raised by the complaint through conciliation. As used in the Fair ' Housing Act , the term "Conciliation" means the attempt to resolve issues raised in a complaint, or arising during the investigation of a complaint, through informal negotiations involving the aggrieved persons) , the Respondent (s) and. ,the Secretary of HUD. Before a Conciliation Agreement can be approved by the Secretary, its terms must be acceptable to all parties who signed the Agreement . The Parties ' Rights Confidentiality. Nothing said or done during ,the course of conciliation negotiations can be used against a party in a subsequent administrative hearing or civil trial arising from the complaint . f Right to Representation . All parties have the right to be represented by the legal counsel, advocate; or organization of their choice during conciliation negotiations . Voluntary Nature of Conciliation. Participation in conciliation is entirely voluntary. No person may be coerced into , conciliating .a, complaint There is no _ penalty for declining to settle . a complaint through conciliation. Investigators and conciliators may .not bully, threaten, or intimidate any party i_n an effort to reach settlement : Role of HUD Conciliator. The HUD conciliator : is. a neutral participant seeking to faci.lit.at_ a mutually agreeable settlement ;. mill_ inform th- parties of `_their r?ghLs during conciliation; ll l j'irrjYTll Lf"1F'• .pc"�._r't_F� abOL1t i 11e col- 'i li, I J;! (�rrJCe-S, J_: rur=} er. di.alogu=_; �7ill, if necessary; interpretations of the Fair Housing Act in order to enable the parties to negotiate from informed positions ; may describe the evidence gathered during- the investigation in order to. enable the parties to negotiate from informed positions; must convey offers and counter-.offers between the parties; is responsible for drafting a Conciliation Agreement incorporating both individual relief for the aggrieved person and relief intended to further the public interest in preventing future discrimination, - may describe the potential relie-r which could' be. sought or awarded for violating the Fair Housing Act, but will not comment on the likelihood that those penalties would be impose upon a particular- Respondent ; Effect of Conciliation Agreement .on the Complaint Investigation A Conciliation Agreement that As approved by the Department terminates the investigation of -the complaint . By, entering into a Conciliation Agreement with HUD, The Respondent avoids liability on the facts of the complaint by agreeing to provide individual relief for the aggrieved person, and appropriate public interest- relief as ,imposed by the- Secretary. The aggrieved person agrees- to accept the relief provided by the. terms of. the Conciliation Agreement, in exchange for giving up his or her potential right to p.ursue relief granted through an administrative. hearing or a civil trial . Nature of the Conciliation Agreement The essential_. terms of the Agreement will be . those negotiated and mutually agreed to by the parties including the Department . The Agreement must also include provisions for relief to protect the , public interest . The Secretary may develop appropriate public` rel.ief provisions ' based upon an assessment of the total factual record then available -in each individual case Role -of the U. S. Department of .Justice Up�n I ce1 j_z)t ,._;-nr3. `rcY r' t r- ' o�� _fr_7 i r'1._ �".'i .D.es J(' r77e1'. ( s - _ 3 lfl_.a�.TJn �_ ln_J^(IIa_l._.J_1 t_ld._ a r'JI-rJ.�.__1t � ia.� �. r'i �j I-TITI ^�i'; r.;_; L,,:f e-rno- - '- - Cam:rrc.j-ter•., ..r? 1 I .r F•f Gr th �111aC�--t. [�. tfle U. S .- Arr✓rI7� General, i_Il ra,l 1'rr clli.o erit nt - PT_Oc edincrs . I Edward L. Wells Jr. Attorney at Law P.O. Box 902 Buzzards Bay, Massachusetts 02532 Tel: (508)295-2902 Fax:(508)291-3041 BBO# 522460 December 10, 2007 - Ms Robin Giangregono Zoning.Agent Town of Barnstable 200 Main Street, Hyannis MA 02601 . Dear Inspector.Giangregorio, This letter is in response to zoning enforcement actions by the Building Inspection, Zoning Inspection, Board of Health and Police at 132 LaFrance Avenue Extension at a home owned by Raymond Richard. 'Mr. Richard, a disabled person within the meaning of Public Law 100 and Massachusetts General Laws Chapter 40A Section 3, has maintained his residence for other disabled persons accommodations within the meaning of those laws. . Mr. Richard has verbally communicated with the town for reasonable accommodation in the past based upon his disability and those with whom he shares his home. This letter is a formal request for reasonable accommodation so, . that he may not be subject to zoning regulations which which would not apply to any other family in.his zone, violating his civil rights and those who reside with him. Very trul yours, Edward L. W N l Town of Barnstable Barnstable IHE t a oi►s% <a, Et '�$Ll_ All-Americo" °-� OFFICE OF TOWN ATTORNEY BMMSTABLE : 367 Main Street lf'+', Ahi -2 ' Fri. I, 6 39. ,�� Hyannis MA 02601-3907 2007 rFc n►pr" RUTH J.WEIL,Town Attorneyel.#: 508-862-4620 T. DAVID HOUGHTON, 1st Assistant Town Attorney Fax#: 508-862-4724 CHARLES S.McLAUGHLIN,Jr., Assistant Town Attorney CLAIRE R. GRIFFEN,Paralegal/Legal Assistant PAMELA D.GORDON, Legal Clerk January 2,'20.08 Via Fedex#8145 2821 7153 _ Marcella O. Brown, Director Boston Housing and Urban Development I, Office l O ce of Fair Housing&Equal Opportunity _ l O'Neill Federal Building 10 Causeway Street Boston, MA 022224092 Re: Housing Discrimination Complaint Richard v. Town of Barnstable Inquiry No. 244533 HUD Case No. 01-08-0093-8 . Dear Ms. Brown: Enclosed please find a duplicate original Respondents' Answer to the above- referenced complaint. Due to the holiday vacations, we previously submitted a facsimile copy of the attestation. We are now sending the original signature and are forwarding the entire document to you. Thank you. Sincerely, - uth� eil Town ton ey f RJW,pg enc cc: Edward L. Wells, Jr., Esq. John C. Klimm, Town Manager . Tom Perry, Building Commissioner Robin Giangregorio,:Zoning Enforcement Officer' 20070194brownfv1lowupltr.doc s COMMONWEALTH OF MASSACHUSETTS U.S DEPARTMENT OF HOUSING&URBAN DEVELOPMENT OFFICE OF FAIR HOUSING&EQUAL OPPORTUNITY HUD Case No. 01-08-0093-8 RAYMOND RICHARD, ) ANSWER TO Complainant, ) COMPLAINANT'S v COMPLAINT. TOWN OF BARNSTABLE and ROBIN GIANGREGORIO, ZONING ) ENFORCEMENT OFFICER FO R ) , TOWN OF BARNSTABLE. ) Respondents. ) The Respondents, the TOWN OF BARNSTABLE AND ROBIN GIANGREGORIO, ZONING ENFORCEMENT OFFICER OF THE TOWN OF BARNSTABLE, for their Answer to Complainant's Complaint,show as follows: As to COMPLAINANT: 1) Respondents lack knowledge or information sufficient to form a belief as to the truth of the averments in paragraph"1"of Complainant's Complaint. As to OTHER AGGRIEVED PERSONS: 2) No answer is necessary. As to ALLEGED TO HAVE OCCURRED OR IS ABOUT TO OCCUR: ' P I -3) Respondents DENY the averments contained in,paragraph designated"Y'of Complainant's Complaint. As to ALLEGED VIOLATION OCCURRED BECAUSE OF: [2007-0194\abs-hud-richardvstobl] I 4) Neither admit nor deny the averments set forth in paragraph"4"of Complainant's Complaint by reason that said Respondents have insufficient information to form a belief as to the truth of the averments therein. As to CITY& STATE WHERE ALLEGED DISCRIMINATION OCCURRED: 5) Respondents DENY the averments contained in paragraph designated"5"of Complainant's Complaint: As to RESPONDENTS: 6) ADMIT only so much of the averments set forth in paragraph "6" of Complainant's Complaint where it lists the names of an employee of the Town of Barnstable, and the Town of Barnstable, the Respondents herein,but DENY all the remaining allegations contained in paragraph designated"6"of the.Complainant's Complaint. As to COMPLAINANT'S STATEMENT OF FACTS REGARDING THE ALLEGED VIOLATION: 7) As to the averments set.forth in paragraph of"T' of Complainant's Complaint, Respondents lack knowledge or information sufficient to form a belief as to the truth of the averments contained in sentences one through 5 therein. As to the averments set forth in the sixth sentence of paragraph"7', Respondents ADMIT only so much of said averments were it is stated that on or about November 6`.,2007, several town employees came to Complainant's - home but DENY all the remaining allegations contained in.the sixth sentence of paragraph designated"T'of the Complainant's Complaint. Further answering, Respondents DENY the averments contained in the remaining sentences set forth in paragraph designated,"7"of Complainant's Complaint. [2007 01941abs hud richatdvstoblJ 2 8) Respondents DENY the..trath of the averments in paragraph"8" of Complainant's Housing Discrimination Complaint.` 9) No answer is necessary. 10) The averments contained in paragraph"10"of Complainant's Complaint call for a conclusion of law and, therefore,no answer is necessary. FIRST AFFIRMATIVE DEFENSE The Complainant's claims fail to state a claim upon which relief can be granted and, therefore, Complainant's Complaint should be dismissed. SECOND AFFIRMATIVE DEFENSE The alleged conduct complained of herein is explicitly exempt under the Federal Fair s, Housing Law, 42 U.S.0 Sections 3601-3619. THIRD AFFIRMATIVE DEFENSE In order to address serious health and safety issues involving residential property and to coordinate inspectional activities within the Town of Barnstable,the Town has assembled a team of representatives from various town departments, including the health department,the building department and the police department, to investigate properties based on complaints received. The inspection of the subject premises which occurred on or about November 6, 2007 was the result of a complaint received by the Building Commissioner regarding serious health and.safety violations,including the use of a tool shed for human habitation. FOURTH AFFIRMATIVE DEFENSE At the inspection held on or about November 6, 2007, the Respondents requested that the Complainant provide their with information to document the assertion that the premises were occupied by persons with disabilities,and the nature of the reasonable accommodation requested. 12007-01941abs-hud-richardvstoblJ 3 To date, the Respondents have refrained from instituting any enforcement action against the Complainant while they were-awaiting the receipt of the requested information: , FIFTH AFFIRMATIVE DEFENSE' The records of the Barnstable Assessing Department indicate that the premises contain a°r total of four bedrooms. Complainant never obtained the proper building permits to expand1he number of bedrooms on the premises from four bedrooms to ten (10)bedrooms alleged in his', = Complaint. The Complainant has jeopardized the health and safety of the residents of by renting- rooms,in premises that were constructed in violation of the State Building Code. SIXTH AFFIRMATIVE DEFENSE `.• As alleged in Complainant's complaint,the Complainant'is operating a lodging house without a license; in violation of state and local law. i SEVENTH AFFIRMATIVE DEFENSE In undertaking`substantial renovations(without proper permits)to-expand the number`of 'bedrooms on the premises from four bedrooms'to ten bedrooms, with an alleged total of ten, r lodgers, Complainant triggered the requirements that the premises must be sprinkled automatically.Failure°to provide automatic sprinkling of the subject premises violates,state law..''- EIGHTH AFFIRMATIVE DEFENSE Upon information and belief, the Complainant is not a not-for-profit educational entity. NINTH AFFIRMATIVE DEFENSE The Building Department.has consistently applied and enforced the State Building Code to single-family esidences throughout the Town. try M 3 i _ [2007-01941abs-hud-richardvstob l], 4 e � e j • t } w i e TENTH;AFFIRMATIVE DEFENSE Respondents have reasonably applied the town and state's health'and safety and zoning regulations to the Complainant's property. ELEVENTH AFFIRMATIVE DEFEN SE - Subject matter jurisdiction is lacking and, therefore,Complainant's claims should be dismissed. f TWELFTH AFFIRMATIVE DEFENSE At all times relevant hereto,the Respondents have-acted without malice to Complainant r and their actions as related to the Complainant are privileged by'virtue of acting reasonably and in good faith within the scope of their authority. THIRTEENTH AFFIRMATIVE DEFENSE w k All of the actions taken by Respondents with respect to Complainant were justified for legitimate non-discriminatory administrative reasons. FOURTEENTH AFFIRMATIVE DEFENSE The Complainant's claims'are barred by the,doctrine of estoppel. F FIFTEENTH AFFIRMATIVE DEFENSE The Complainant's claims are barred,by waiver..., I declare under the enalt of -e 'u that the foregoing statements are true'and correct to p Y p,rJ rY g g the best of my knowledge and belief. IN GiANTdRF0bRlO, G,, ENFORCEMENT OFFICE OR TOWN OF BARNSTABLE: , (2007 01941abs hud richardvsto bl] , 5 WHEREFORE, the Respondents respectfully pray for judgment against the Complainant as follows: (1) That a decree be entered dismissing Complainant's Complaint herein; (2) That judgment be entered in Respondents' favor under all counts of Complainant's Complaint; (3) That Respondents be granted their costs, disbursements, and attorneys' fees in the defense of this action; and, (4) That Respondents be granted such other and further relief as'to this Court it deems just and"appropriate. Dated: December 27, 2007. TOWN OF BARNSTABLE,and ROBIN GIANGREGORIO, ZONING ENFORCEMENT OFFICER, TOWN OF BARNSTABLE,Respondents, By their Attorneys, RUTH J. EIL, [B.B.O. No. 519285] T. DAVID HOUGHTON_, 1 st Assistant Town Attorney [B.B.O.-No. 241160] CHARLES S. McLAUGHLIN, JR. A"ssistant Town Attorney , ., [B.B.O.No. 336880] TOWN OF BARNSTABLE 367 Main Street,New Town Hall Hyannis,Ma. 02601;3907 (508) 862-4620; (508) 8624724 TO: MARCELLA O. BROWN, DIRECTOR -BOSTON HOUSING&URBAN DEVELOPMENT [2007-01941abs-hud-richardvstobt] 6 OFFICE OF FAIR HOUSING&EQUAL OPPORTUNITY O'Neill Federal Building 10 Causeway Street Boston, MA 02222-1092 617-994-8300 TO: EDWARD L. WELLS, JR., ESQ. Attorney for Complainant Raymond Richard P.O. Box 902 Buzzards Bay, MA 02532 508-295-2902 CERTIFICATE OF SERVICE Barnstable, ss: January 2, 2008.: I hereby certify under the pains and penalties of perjury that on December 27, 2007 I caused to be.served by first-class delivery,':postage prepaid, a copy of the above document with a facsimile signature by Robin Giangregorio and I am herewith sending copies of the duplicate original to Respondent's attorney, Edward L. Wells, Jr. futh�eil,�bwn Attorney of Barnstable i [2007.01941abs-hud-richardvsto6lJ V 7 Message Pagel of 1 Giangregorio, Robin From: Giangregorio, Robin Sent: Friday, December 21, 2007 3:43 PM To: Perry, Tom Cc: Weil, Ruth _ Subject: Sober House Tom, _ I called Gosnold today as you requested. I spoke to Jud Phelps(508-375-6805) in the Drug Court. He said they do indeed refer people to 132 La France and the success rate is quite good there. When there is a need they call Mr. Richards and ask if there is a bed available. Gosnold provides no.off-site services. A case manager is dispatched to the property at least once a week. They observe whether or not the property is clean and the residents are sober. Mr. Phelps knows of no oversight or inspection by any other agency. . Gosnold makes no recommendation for rules other than sobriety and access to a phone but they are aware that rules are imposed by Mr. Richard and the tenants must agree and obey or otherwise_leave immediately: I am informed that there are about 15 similar facilities on the Cape and only 2 are thought to be.non-profit facilities. Mr. Phelps reiterated that there is a Huge need for this type of housing as individuals'struggling with sobriety are less likely to find affordable housing. He noted it is also important that these clients remain in the company of other sober people and are not exposed to abusers typically found in the homeless shelters where they may be tempted to abuse again. HAC does not refer clients. Just a thought-do these facilities require special insurance riders for liability? 1�6in Bohf t r?r..�nh: l it fr?.r�f rrerl r. OfTI'(7.1 Twirl 200 Af3.Ut St:i-eet AM 02601 508-862-402 Town of Barnstable f . Barnstable tHE s OFFICE OF TOWN ATTORNEY 8MMSTABLE, : 367 Main Street 20 :'?JAN -2 PH !: 46 MAM 16 9. �� Hyannis MA 02601-3907 �FDpAp.'�A 2007 RUTH J.WEIL,Town Attorney �' ITiTH Tel.#:'508-862.4620 T. DAVID HOUGHTON, 1st Assistant Town Attorney Fax#: 508-862-4724 CHARLES S. McLAUGHLIN,Jr., Assistant Town Attorney CLAIRE R. GRIFFEN, Paralegal/Legal Assistant PAMELA D. GORDON, Legal Clerk January 2, 2008 Via Fedex#8145 2821 7153 Marcella O. Brown, Director Boston Housing and Urban Development Office of Fair Housing &Equal Opportunity O'Neill Federal Building 10 Causeway Street Boston,MA 02222-1092 Re: Housing Discrimination Complaint Richard v. Town of Barnstable Inquiry No. 244533 HUD Case No. 01-08-0093-8 Dear Ms. Brown: Enclosed please find a duplicate original Respondents' Answer to the above- referenced complaint. Due to the holiday vacations,we previously submitted a facsimile copy of the attestation. We are now sending the original signature and are forwarding the entire document to you. Thank you. Sincerely, futh eil torney f , RJW:pg enc cc: Edward L. Wells, Jr.,Esq. John C. Klimm, Town Manager. Tom Perry,Building Commissioner Robin Giangregorio, Zoning Enforcement Officer 20070194brownfollowuphr.doc COMMONWEALTH OF MASSACHUSETTS U.S DEPARTMENT OF HOUSING&URBAN DEVELOPMENT OFFICE OF FAIR HOUSING&EQUAL OPPORTUNITY HUD Case No. 01-08-0093-8 --------------------------------------------------------- RAYMOND RICHARD, ANSWER TO Complainant, 'COMPLAINANT'S V. COMPLAINT. TOWN OF BARNSTABLE and ROBIN GIANGREGORIO,ZONING ENFORCEMENT OFFICER FOR ) TOWN OF BARNSTABLE. ) Respondents. ) --------------------------------------------------------- The Respondents, the TOWN OF BARNSTABLE AND ROBIN GIANGREGORIO, ZONING ENFORCEMENT OFFICER OF THE TOWN OF BARNSTABLE, for their Answer to Complainant's Complaint, show as follows: As to COMPLAINANT: 1) Respondents lack knowledge or information sufficient to form a belief as to the truth of the averments in paragraph"1"of Complainant's Complaint. As to OTHER AGGRIEVED PERSONS: 2) No answer is necessary. As to ALLEGED TO HAVE OCCURRED OR IS ABOUT TO OCCUR: 3) Respondents DENY the averments contained in paragraph designated"3" of Complainant's Complaint. As to ALLEGED VIOLATION OCCURRED BECAUSE OF: [2007.0194\abs•hud•richardvstobII 1 4) Neither admit nor deny the averments set forth in paragraph"4" of Complainant's Complaint by reason that said Respondents have insufficient information to form a belief as to the truth of the averments therein. As to CITY& STATE WHERE ALLEGED DISCRIMINATION OCCURRED: 5) Respondents DENY the averments contained in.paragraph designated"5"of Complainant's Complaint. _ As to RESPONDENTS: 6) ADMIT only so much of the averments set forth in paragraph "6" of Complainant's Complaint where it lists the names of an employee of the Town of Barnstable, and the Town of Barnstable,the Respondents herein,but DENY all the remaining allegations contained in paragraph designated"6" of the Complainant's Complaint. As to COMPLAINANT'S STATEMENT OF FACTS REGARDING THE ALLEGED VIOLATION: 7) As to the.averments set forth in paragraph of"7" of Complainant's Complaint, Respondents lack knowledge or information sufficient to form a belief as to the truth of the averments contained in sentences one through 5 therein. As to the averments set forth in the sixth sentence of paragraph"7", Respondents ADMIT only so much of said averments were it is stated that on or about November,6th, 2.007, several town employees came to Complainant's home but DENY all the remaining allegations contained,in the sixth sentence of paragraph designated"7"of the Complainant's Complaint. Further answering, Respondents DENY the averments contained in the remaining sentences set forth in paragraph designated"7"of J Complainant's Complaint. [2007-01941abs-hud-richardWob11 2 5 8) Respondents DENY the truth of the averments in paragraph"8"of Complainant's Housing Discrimination Complaint. 9) No answer is necessary. 10) The averments contained in paragraph"10" of Complainant's Complaint call for a conclusion of law and, therefore,no answer is necessary. FIRST AFFIRMATIVE DEFENSE The Complainant's claims fail to state a claim upon which relief can be granted and, therefore, Complainant's Complaint should be dismissed. SECOND AFFIRMATIVE DEFENSE The alleged conduct complained of herein is explicitly exempt under the Federal Fair Housing Law, 42 U.S.0 Sections 3601-3619. THIRD AFFIRMATIVE DEFENSE In order to address serious health and safety issues involving residential property and to coordinate inspectional activities within the Town of Barnstable, the Town has assembled a'team of representatives from various town departments, including the health department, the building department and the police department, to investigate properties based on complaints received. The inspection of the subject premises which occurred on br about November 6, 2007 was the result of a complaint received by the Building Commissioner regarding serious health and safety violations,including the use of a tool shed for human habitation. FOURTH AFFIRMATIVE DEFENSE At the inspection held on or about November 6, 2007, the Respondents requested that the Complainant provide them with information'to document the assertion that the premises were occupied by persons with disabilities and the nature of the reasonable accommodation requested. [2007-01 Mabs-hud-richardWobl] 3 To date, the Respondents have refrained from instituting any enforcement action against.the Complainant while they were awaiting the receipt of the requested information. FIFTH AFFIRMATIVE DEFENSE The records of the Barnstable Assessing Department indicate that the premises contain a total of four bedrooms. Complainant never obtained the proper building permits to expand the number of bedrooms on the premises from four bedrooms to ten (10)bedrooms alleged in his Complaint. The Complainant has jeopardized the health and safety of the residents of by renting rooms in premises that were constructed in violation of the State Building Code. SIXTH AFFIRMATIVE DEFENSE As alleged in Complainant's complaint, the Complainant is operating a lodging house without a license, in violation of state and local law. SEVENTH AFFIRMATIVE DEFENSE In undertaking substantial renovations(without proper permits)to expand the number of bedrooms on the premises from four bedrooms to ten bedrooms,with an alleged total of ten lodgers, Complainant triggered the requirements that the premises must be sprinkled automatically. Failure to provide automatic sprinkling of the subject premises violates state law. EIGHTH AFFIRMATIVE DEFENSE Upon information and belief, the Complainant is not a not-for-profit educational entity. NINTH AFFIRMATIVE DEFENSE The Building Department has consistently applied and enforced the State Building Code to single-family residences throughout the Town. [2007.01 Nabs-hud-richar6stob1) 4 TENTH AFFIRMATIVE DEFENSE Respondents have reasonably applied the town and state's health and safety and zoning regulations to the Complainant's property. ELEVENTH AFFIRMATIVE DEFENSE Subject matter jurisdiction is lacking and, therefore, Complainant's claims should be dismissed. TWELFTH AFFIRMATIVE DEFENSE At all times relevant hereto,the Respondents have acted without malice to Complainant and their actions as related to the Complainant are privileged by virtue of acting reasonably and in good faith within the scope of their authority. THIRTEENTH AFFIRMATIVE DEFENSE All of the actions taken by Respondents with respect to Complainant were justified for legitimate non-discriminatory administrative reasons. FOURTEENTH AFFIRMATIVE DEFENSE The Complainant's claims are barred by the doctrine of estoppel. FIFTEENTH AFFIRMATIVE DEFENSE The Complainant's claims are barred by waiver. I declare under the penalty of perjury that the foregoing statements are true and correct to the best of my knowledge and belief. C IN G RE ORIO, �AG ENFORCEMENT OFFICE OR TOWN OF BARNSTABLE (2007.0194\abs-hud-richardvstob1] 5 WHEREFORE, the Respondents respectfully pray for judgment against the Complainant as follows: (1) That a decree be entered dismissing Complainant's Complaint herein; (2) That judgment be entered in Respondents' favor under all counts of Complainant's Complaint; (3) That Respondents be granted their costs, disbursements, and attorneys' fees in the defense of this action; and, (4) That Respondents be granted such other and further relief as to this Court it deems just and appropriate. Dated: December 27, 2007. TOWN OF BARNSTABLE, and ROBIN GIANGREGORIO, ZONING ENFORCEMENT OFFICER, TOWN OF BARNSTABLE,Respondents, By their Attorneys, RUTH J. EIL, [B.B.O. No. 519285] r T. DAVID HOUGHTON, 1 st Assistant Town Attorney [B.B.O.No. 241160] CHARLES S. McLAUGHLIN, JR. Assistant Town Attorney [B.B.O. No. 336880] TOWN OF BARNSTABLE 367 Main Street,New Town Hall Hyannis, Ma. 02601-3907 (508) 862-4620; (508) 862-4724 TO: MARCELLA 0. BROWN, DIRECTOR BOSTON HOUSING&URBAN DEVELOPMENT [2007.01941abs-hud-richardvstob1 6 OFFICE OF FAIR HOUSING&EQUAL OPPORTUNITY O'Neill Federal Building 10 Causeway Street Boston,MA 02222-1092 617-994-8300 TO: EDWARD L. WELLS, JR., ESQ. Attorney for Complainant Raymond Richard P.O. Box 902 Buzzards Bay,MA 02532 508-295-2902 CERTIFICATE OF SERVICE " Barnstable, ss: January 2;2008 I hereby certify under the pains and penalties of perjury that on December 27, 20011 caused to be served by first-class delivery,postage prepaid, a copy of the above document with a facsimile signature by Robin Giangregorio and I am herewith sending copies of the duplicate original to Respondent's attorney, Edward L. Wells,Jr. uth Weil, T wn Attorney own of Barnstable i [2007.0194\abs-hud-richardvstobl] Ftra,, Town of Barnstable Regulatory Services BARNSTABLE. v MAss. � Thomas F. Geiler,Director �p s63q. �0 rEDMA'�A Building Division Thomas Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 August 22,2006 Mr. Ray Richards 132 LaFrance Ave. Hyannis,MA 02601 Re: 132 LaFrance Ave. EXIT ORDER Dear Mr. Richards Under the provisions or 780 CMR,the State Building Code,section 3400.5.1,you are hereby ordered to immediately discontinue the use of the cellar/basement area for sleeping purposes. Your cooperation in this matter is appreciated. Sincerely, _ a Paul Roma Local Inspector Pro e, � to fo -R�� s C// Dry Se- /n evi ,be o�roorrc do o Jr��.. �,� �.� � �l�on� e ,v v M �firGO/ - / 50�' 790 a�57 g ANLl moo - I e Au C) U� r 's I�e- Hb no c rv\ ov d d N b ® ® V, 0-,A y e- aC:)of- off' b44U\ jr e 6 ram, PC �� d Wo+ 4 U.S. DEPARTMENT OF HOUSING F . III`. •� . � 1 AND URBAN DEVELOPMENT 4 '�sr u MASSACHUSETTS STATE OFFICE I� • - p� w TE Use r THOMAS P.O NEILL JR.FEDERAL BUILDING 10 CAUSEWAY STREET 7007 0710 0003 6026 5837 BOSTON,MA 02222-1092 02 1 A $ 05.380 0004203430 DEC17 2007 OFFICIAL BUSINESS MAILEDFROM ZIPCODE 02222 PENALTY FOR PRIVATE USE,$300 � Robin Giangregorio Town of Barnstable 200 Main Street Hyannis, NIA 02601 !..i260..f t,^4..ri.:.2 i 1 t •� % �� I 111j i� L �. �"i , �i �� .__ ._,_ _ j „� ' � ._ _ --� � _ _ .. _ - � _._.r__.-----� _-� � , , , ' _. _.. � �. I LAFRANCE HOUSE HOUSEHOLD RULES AND OCCUPANCY AGREEMENT LaFrance House at 132 LaFrance Avenue,Hyannis,Massachusetts is a Community Integrated Living, Arrangement as defined by the Fair Housing Act of 1988,also called Congregate Living Arrangement by this law and Massachusetts General Laws Chapter 40 Section 3. Residents are considered members of a household as if they were related family members.As a household member,misbehavior causing threat to the health or well being of the other members of the household can result in a MGL.209A restraining order and immediate vacancy from the Congregate Living Arrangement - I the undersigned, is a,"ouseoldembero 132 a Avenue,Hyannis,Massachusetts 02601,and agrees to use said isaem. roT132 V - premises as temporary accommodation SO LONG AS MEMBER REMAINS ABSTINENT FROM DRUGS AND ALCOHOL AND DOES NOT CAUSE OR ALLOW ANY PERSON TO REMAIN ON THE PREMISES WHO IS NOT ABSTINENT. 2. Household Member will abide by any and all visiting privileges.LAFRANCE HOUSE RESERVES THE RIGHT to revoke the visiting privileges of any person or persons deemed to be inappropriate to the health,well being,safety of persons occupying the premises or injurious to the mission of LaFrance House. 3. Member will vacate the premises if he uses alcohol and/or other drugs and WILL NOT RETURN UNTIL GIVEN PERMISSION BY RAY RICHARD OR HIS AUTHORIZED REPRESENTATIVE. 4. Resident will leave the premises when in the opinion of Ray Richard or his designee the Household Member constitutes a detriment to the well being of other residents. S. All Household Members will remain current on residential fees. Any delinquency may result jin-a demand to vacate the facility. 6. Member agrees to submit to random urine testing and will submit a s ple f requested by Mr.Richard or his designee. 7. Household member is not a tenant and waives any rights of tenancy at 11 for extended occupancy. 8. Member agrees not to smoke anywhere in the dwelling. t o rin an unre istered vehicle onto the remises. 9. Household member agrees not b g g p 10.Member agrees to submit a two-week security deposit prior to occupancy. 11.Members shall attend a counseling session of their choice and at least three 12-step meetings weekly. LaFrance House may offer to facilitate a group counseling session at 132 LaFrance Avenue upon request of househ ld memb rs a licensed alcoholism or drug counselor. o embe RAY RICHARD OR DESIGNEE, mk AL— LAFRANCE HOUSE j ✓ r MOUSE RULES CLEANING: , *Rooms - Keep rooms picked-up and clean at all times. - I reserve the right to open all rooms to inspect for cleanliness and general respect for my home. I will not enter the rooms. *Bathrooms - Will be thoroughly cleaned once per week. Ongoing cleaning is expected to occur by Tenants using facilities most. If more cleaning is needed, a service will be provided for an Additional Fee. *Kitchen -Dishes need to cleaned upon use and replaced into cabinets ' Wipe up all spills and drips. - Clean sink, oven, stove top, counters and floor, frequently. - Clean refrigerator at least once each month. = Garbage- must be set outside and barrels returned to house the same day. $$ There will be a $5.00 charge to people who forget their trash duty. **Some type of duty roster could ensure these items are done regularly. RENT: - ALL rents are Due on Fridays to me,personally. I am your primary bill unless alternate arrangements have been discussed in advance of due date. VISITORS: - See me in advanced for visitor requests. Who; how long, etc. - No overnight visitors without my consent. PARKING: Cars should be IN the driveway or next door in driveway. - Parking on street is limited to 5 minutes only. . - You are responsible for asking visitors to move cars out-of the street. BEHAVIOR and INDIVIDUAL.CONCERNS: *No Tobacco chewing ANYWHERE on the property. *No Smoking inside house. Outside in designated areas only. Dispose of butts properly. *No washer or dryer use after 10:00 pm without other tenants permission. Violators will lose washer dryer priveledges. *Sexual relations between tenants are strictly forbidden. Report immediately. *Tenants who are on Probation must file Name and contact number of officer with me. *HEAT: If you need to open windows for air,be sure thermostat is off. Air Conditioners: must be approved by me for usage. Additional charge of$15.00 per week for 5,000 BTU's Larger units will be charged accordingly. *Negative, inappropriate behavior and "bad days" GO to YOUR ROOM. Continued negativity, aggressive language, or any violence will lead to eviction. *Show respect to me and all other tenants at all times: q enanr ate Ray Richard Date Gosnold a bridge back on Cape Cod P.O.Box 929,Falmouth,MA 02541 (508)540-6550(VTM) www.gosnold.org November 29, 2006 Re: Ray Richards, 132 La France Avenue, Hyannis To whom it may concern, Ray Richards has been providing congregate housing for disabled adults (primarily in recovery from substance abuse) for a number of years. Mr. Richards requires that these individuals remain clean and sober and actively engage in their recoveries. Should one relapse, the individual must immediately vacate the premises as stipulated in the - occupancy agreement.He/she cannot return until given permission by Ray Richards or his authorized representative. The resident is encouraged to seek substance abuse treatment from detox, if deemed appropriate. In addition, household members are required to attend routine counseling sessions of their choice and attend a minimum of three (3) 12-step meetings each week. They are also required to submit to a drug screen if requested. Many of these recovering alcoholics and/or addicts have lived at Ray's "La France Avenue" house for extended periods (from months to years)with little negative consequences. They become legitimately employed, necessary to pay their residential fees and other living expenses. They learn to live independently and responsibly; not to , drain tax resources from the town and state. Sober housing is at premium in the Hyannis area and is one of the major needs that recovering persons require to sustain their sobriety and/or clean time and become. productive community citizens. Please allow Ray Richards to continue his congregate housing as it is currently constituted. The La France House is a valuable housing resource. Sincerely yours, ud Phelps Program Director Gosnold Drug Court Treatment Program Gosnold Treatment Center • Gosnold at Cataumet • Gosnold-Thorne Counseling Center Emerson House • Miller House • Gosnold TSS • ROI Associates • MICA Program x o a v _ e 4 s q_ 11/30/06 Ray Richard 132 Lafi ance Ave. . IRHyannis, MA 02601 MO At &_ > _ Dear Ray, x r I am writing this in support of your sober house on Lafrance Avenue abutting our office building at 460 West Main Street in Hyannis. t HAC is very much in support of what you do and what you have been doing for the past { x�r many years. As an abutter we have had absolutely no problems resulting from the services " you provide or the clients you serve. To the contrary, as an agency, many of our clients have benefited greatly from the respite ¢` you provide..The community needs more people like you doing what you do not less., Any further help we can provide in convincing the town to allow you to continue we would be happy to try and provide. Sin rejy, Fr eric res CE a -lam 1 # :_ www.haconcapecod.org PS µENT 0A . o= ao�3A30 N�0 U.S. Department Of Housing and Urban Development Office of Fair Housing and Equal Opportunity Thomas P. O'Neill, Jr. Federal Building 10 Causeway Street,, Room 321 Boston, Massachusetts 02222-1092 Robin Giangregorio Town of Barnstable 200 Main Street Hyannis, MA 02601 Dear Respondent: Subject: Housing Discrimination Complaint Richard v. .Town of Barnstable Inquiry No. : 244533 HUD Case No. : 010800938 On 11/20/2007, the above-referenced housing discrimination complaint was filed with the U.S. Department of Housing and Urban Development (HUD) under the Fair Housing Act of 1968 (Act) as amended [42 U.S.C. §3601 et seq. ] . On 02/27/2008, the complainant informed this Office that the parties have agreed to a private settlement of the issues involved in this complaint. The complainant subsequently executed a written withdrawal of the complaint and has submitted it to this Office. This is -to advise you that, after receiving proper notice that the above referenced complaint has been withdrawn after resolution, HUD has terminated its investigation, and has administratively closed the complaint. This closure is not a determination on the merits .of the allegations contained in.the complaint. Retaliation.is a .violation of the-,'Fair Housing-Act. Section 818 of the Act makes it unlawful to-retaliate against any person because' he .or she. has filed a' housing discrimination complaint; is associated with _a .complainant; has .counselad or otherwise ass,isted any person to file such a .complaint.; or has provided information to HUD during a complaint investigation. _ Section 818 also protects complainants against retaliator acts that occur after' a'corn complainant has withdr '�' ,_- '° , g Y P awn, ,, settled,, .or.' conciliated a--housing discrimination. complaint. Any. person who believes that he or she has been a victim of retaliation :for:-any of the -reasons listed above may file a housing discrimination complaint with HUD within one (1) year of the date on which the most recent_ alleged retaliatory act (s) occurred or ended. IbUI.E TS srl-c0. '�.,' -i7__ ...t,FS,.. f- u 7r.•t b._"r"�"� .�, :Ji .:titi� t ^ f , rti, T r f' ( £ ,:t; 4•s3.i V �. .. I .), ur=u, If you have any questions regarding this closure, please contact Russell J. Archibald, Investigator, at (617)' 994-8300, for assistance. Sincerely, arcella 0. Brown FHEO Region I .Director 010800938 NA (MolC 'E/ CG46/L ' P 0p � IBAR 70280 TOWN-'Olt' ADDR!SOOFFENR j' ' _ p Ems= BARNSTABLE �'ntjES j TE'ZIP OBE) ft�y �INE Iq� �/�..-•,•77. �. MVIMB REGISTRATION NUMBER • NA`IF4\°hl'"'AKe'1`.4:�. ' 0 CESE� CL 1.679. u , OW TIME AND D TE.AF VIOLAT ON' LOQ¢TIO.OF YdOLATION ,� � Z NOTICE OF 1�A.R/!)t N 1 20 ., SIGNATURE OF ENFORCINC-PEKSON ENFO CI G DEPT. r BADGE NO. VIOLATION a � W OF TOWN I HBY ACKNOWLEDGE RECEIPT OF CITATION X n ORDINANCE Unable to obtain signature of offender. a ►a— .THE NONCRIMINAL FINE FOR THIS OFFENSE IS w Date mailed uu OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL n DISPOSITION WITH NO RESULTING CRIMINAL RECORD. IL REGULATION !' (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. CL (21 If you desire to contest this matter in a noncriminal proceeding,you mayy do so by making written request to DISTRICT COURT DEPARTMENT,FIRST of this RNSTABLE DIVISION,COURT COMPOUND,MAIN STREET AFINSTABLE,MA 02630,Attn:21D Noncriminal Hearings and enclose a citation for a hearing. (3)If you fail to pay the above offense or to request"a'hearing within 21 days,or If you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. 0 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ f Citizen Web Request Page 1 of 2 r- s� pr7p DARNS vmx,j 99 4 Citation Information z,3tss � f Offender Account #: 24694 Offender: Raymond Richard ' Contact: f Address Ll: Address L2: 132 LaFrance Av City,State,Zip: Hyannis, MA 02601 , Memo: Violation / Warning Citation #: 70280 Ordinance: Chapter 240: ZONING - 11 RB RD-1 and RF-2 (Al) Residential Districts Legal Description: Principal permitted uses in the RB, RD-1 and RF-2 districts Offense: Multi family home in single family zone Violation Date/Time:' 8/28/2006 1000 Offense Location: 132 LaFrance Av Offense Village: Hyannis Enf. Department: Building Issued By: Edson, Linda Badge #: Fine: 200 Balance Due: 0 Payment Disposition: Cleared Voided By: Pre-Court Arraign/Report Generated on Date: Clerk's Hearing Request Date: 10/3/2006 Court Hearing Date: 11/30/2006 Docket #: 0625 AC005010 Hearing Disposition: In compliance; Not Responsible http://issa12/INTERNAL"S/citation.aspx!ID=70280 12/19/2007 Citizen Web Request Page 2 of 2 Arraignment Date: Arraignment Disposition: Comments http://issgl2/INTI RNALWRS/eitation,aspx?ID=70280 12/19/2007 t _ TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map_ Q Q Parcel o"? 7 4 E,r��>„''':: r•TT;r f` .' `,TT� A .,,l;a 7 .�. � n c,_ '/� __ ^7 ,�, j r C ,, , Permit# TI w !l.�d�'�' -,�£.� 4� t �-v�` l.i:,.. �,.. JIVl�lli�� Y��l�L TO Health Division L r 2.5• N CONS;.; 110N. Date Issued Conservation Division c Fee , Tax Collector Treasurer 0(`LU p� r� r , 4 aA 4Z A_ �Z�2 091 Planning Dept. Date Definitive Plan Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address / 3 /,A �Gc' A N C (er V L E k T, S: o Village 1 YA A//✓ t' S Al? A `Z-6 d Owner /I A,V,/P9y 0 Q A ci v Address 5-A 1�5 Z{ i3 D U L� Telephone CS ° 2 ) 7 v- z 3 7, Permit Request 4 d J, j � LL V — I Square feet: l st floor:existing_ proposed 2nd floor:existing / A proposed � Total new-- Estimated �p C) U �o, 3D�Obc% Estimated Project Cost Z`�, Zoning District Flood Plain Groundwater Overlay _ Construction Type u.) o a 6 t- C o N C Lot Size__ / 0 , Sd Grandfathered: ❑Yes ❑No If yes,attach supporting documentation. Dwelling Type: Single Family FY Two Family ❑ Multi-Family(#units) Age of Existing Structure i 'Z y r'Z S Historic House: ❑Yes No On Old King's Highway: ❑Yes �1 No Basement Type: Full ❑Crawl ❑Walkout ❑Other _ Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) 1/'7- F 14 Number of Baths: Full:existing f new __ Half:existing�/ new X1 A Number of Bedrooms: existing 2 new IGIA Total Room Count(not including baths): existing new_� First Floor Room Count Heat Type and Fuel: &has ❑Oil ❑Electric ❑Other Central Air: des ❑No Fireplaces: Existing New 6AS* Existing wood/coal stove: ❑Yes �No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:llexisting ❑new size 8'heu:-u exist riy ❑ °ews size— ,— thpr._ A/_�___ Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ arcial ❑Yes ®No If yes,site plan review# = t Use z Z //L/s Proposed Use GU L G G /AJ G -�( BUILDER INFORMATION U V it G a N Telephone Number rs / 3 1--n-14/V G C A yZ� License# G S <,i'4Z �}S of o -z,6 D / Home Improvement Contractor# /Z!r 3 3 5 Worker's Compensation# DNSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO T4&L k SIGNATURE DATE I tr' i i x s� ,1 APpilT 'I } I r _ . SMOKE DETECTORS O.K. DAIT A STABLEWIC-DING DEPT. rA hA I LV . 19 M 77 71L - 1 , ;F PREPARED UY Pt\CE f i --- 5 cAT F (POT 4' L 1 , i i f _ � 'Si I , , Q.US x ESTIMATED PROJECT COST WORKSHEET Value .5 LIVING SPACE y. square feet X $55/sq. foot= 2 0// GARAGE (UNFINISHED) square feet X $25/sq. foot= PORCH square feet X $20/sq. foot= DECK square feet X $15/sq. foot= OTHER square feet X $??/sq. foot= Total Estimated Project Cost o g990915b The Commonwealth of Massachusetts Department of Industrial Accidents _= Office of/aYesdozifol 600 Washington Street Boston,Mass. 02111 Workers' Compensation Insurance Affidavit name: �'✓ , ; location /.3 /1ii.� il�o✓ a �G hone#CSQ � 794- 35'� I am homeowner performing all work myself. I am a sole proprietor and have no one worldn in any capacity din workers' co ensation for my employees working on.this job.... :: ......;:;::::::::;:;;::;;>:;::;;; I am an em 1 rove address.. :,....:.:.....,..:.:..:.., ........ :: ... hone.#i:. :; . ci .:........ insurance co. am a sole proprietor, general contractor,or homeowne (circle one)and have hired the contractors listed below who have 7 tion polices: :::::..:::.>;;;::.:;.>:.;:;:;;:.;::.;:::.<;:,:;«.;:;.;:;.:;<.;:.::.;::»:>:< :;:<:::;:>::><:>:::;::,.,,,: :;,: the following workers compensation .:.::.:.:::::::.._..: ::.:::;:::.,,:::;:.;:>.:: g compa v nam n .::. - .r::::::::::•:::........... ...:... .... .. :..::..:...........................}:?•ii5:::::::::::::::::::::::::::::::::::::::::{::.................::::..Y::i?i•::n;}:.::?}:::::::i:'::ii:ii:$i:$::!>:':i::::i::>.:?.i::i::::+:?iii'ri�iiiiiii:`vii::: :: :n..:' :.............•... �::i:ii:i<ti.'_:}i:i''ri:}{:i:•}:::i:;..v.}:•:nvi•.i'ri%ii:L:{i::4:L•:�:•}::::::::{J•:::.v::::::: ..................':.:.... ........... .....,..{{i4iii:<?�:i•iiiii:•iiiii:{iii:::::::....••:.:v::.;v.;v:::.... :... ...................�::.............:.ii:... .......:i:•iii::::.i:i::i:i•.�:.v. c i'-%•i +AJiyi:ii:i ............................. ..::�::•.':::::tiC:i:iiii•i:?'•i:•::i?•i:•ii i•�:•ii•iii:?ii::.... ................................................................................................:................... •i:•:Sii{•:iii•ii:tiLiii:•i:{4ii}'`::: :::: :::Ji}i:•:•}i::i•iy:ii};:•:::::v:.y:::{::::.}'::::•:.}v.v:ry4:%•}•. iii:<vjiiii:}ijiil`{y'r:ri::yfiiii:•::ijiiii:;;;;•r..;:: rr:}; . ....:n:v::.:::.:n::::•iri•itiiii}::::i::iJ:::iti•::i::•:n•••::•::::w::•..::::::::.: '#.:�::.i::::.}:..•..:•.ij.;:.v'y.;y+,::v}}:.:;{r., ;.:.i.}i::;:;:,•.:::?::•i:iv.v :.i:.:::•:..':iii-iiii : . .. ..• ....??<�i::`i�r;:$iiSiii:•iiii:•ii:�i;;iiy$iii;4ii::•.?v.:iY::i':i4i::•i>ii:iiG:•�.v:<:%•;:::::.::.�::v.::::.::�::.�::... any n :.;. adds ......::;: .........::. :::::::....:;:;.;;:>;.: 0. .....::.:.: tv: .................. ........................::.::.:.........:............ . li in�niance cl • o Failure to sec coverage as regrind under Section 25A of MGL 152 can lead win imposiflon of erhninai penalties of a Bae up to S1,S00.00 and/or secure one yam,imprisomnent a,well as civil penalties in the form of a STOP WORK ORDER and a One of S100.00 a day against me. I understand that a copy of this statement may be forwarded to the OMce of Investigations of the DIA for coverage vesitication. I do hereby certify under the 17 p penalties o perj that the information provided above is trw.and tort q Date Signature �� Print name i I/p Phone# 0 offldal use only do not write in this area to be completed by city or town otHcisl permitNcense# ❑Building Department city or town: ❑Licensing Board ❑Selectmen's Ofnce ❑clwkif immediate response is required ❑Health Department contact person: phone#; 0�e!�— (revved 9/95 PJA) The Town of Barnstable jrO'`''o Department of Health Safety and Environmental Services BuildingDivision r r ` BAxtvTABLE, ' 367 Main Street,Hyannis MA 02601 i639. `08' f �ArFO MA'l s , Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner HOMEOWNER LICENSE EXEMPTION ' Please Print DATE: JOB LOCATION: j number street village "HOMEOWNER": /yJD/�D qI''l/ name / home phone# work phone# CURRENT MAILING ADDRESS: 17 ;• f city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and r uirements and that he/she will comply with said procedures and require m ts. Signatur 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 to amend and adopt such a form/certification for use in your community: Q:FORMS:EXEMPTN - .LCI fif'fJ/YcE /9 VE, EX T Pie V,*TAr e N //'3 Y'/S,"E a �n 38 ♦ —i 38 0 ,� '0 C � ._: a f°J9 . � �:_ o _4 L oT 3 L o T 5- o L ` V' a T y • 3Sc) SA _ �. Z. oN c �B � orscoos, L oT /( worc �ssar'fo :or • f i .:Gs: �� • CERTIFIED PLOT PLAN • `��tiH �f tilgs i o T L A7 F/'AN c C- A V.E. EX 7- �� ROBERT ELDREDGE V IN No. 19367 / SCALE' / 4y✓ 'DATE= ra 2&QGg E G1NEE NG Nei CLIENT NGU I CERTIFY THAT THE Gg wv mr. E®ISTEREO REGISTERED SHOWN ON THIS PLAN 1' LOCATED ion N0. =/�` ON THE GROUND AS INDICATED AND CIVIL LAND CONFORMS TO THE ZONING LAWS ENGINEER SURVIEYOR DR.BY' 47"�j OF OARNSTAOL A S. 712 MAIN STREET "' CH.BY, / �3- H YA N R i S, MASS. SHEETIOFL WE REG. LAND SURVEYOR The Town of Barnstable « snxivs°rABLE ,M� a�� Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner Permit no. i" 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. A . J v v, Type of Work: WO G /7a b l/ Estimated Cost ', D J Address of Work: 3 �- 4A -f ANC Owner's Name: ��0 Al �! Y U' Date of Application: I hereby certify that: Registration is not required for the following reason(s): ❑Work excluded by law []Job Under$1,000 ❑Building not owner-occupied s ]ZOwner 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 permit as the agent of the owner: Date Contractor Name Registration No. OR Date Owner's Name' r q:formsiAffidav ' . TabladS2,ib(eea�aaed) l.• pro.i,jfre PadcaM for daa and TvmFamilr Betfdeattal Boildlnp Seared with Faaa7 Fat's . MAXIMUM MUTT 4iUM � � Cd;;c . Wall Floor SA2=01 Stab Hr�ag/Cootia6 Am'Cis) U-vatoas Rrvaio� �-V"t Rrvaiuj Wan FMa=ccY' P=imm BrvaltaJ &vduar 5701 to 6300 HeaelaS Degm Daw Q 12Y. 0.40 1 3E 1 13 19 l N0� R 12% 032 30 19 19 10 6 Normal S 12% OM 3E 13 19 10 6 U AF'UE T 15% O36 3E 13 2S WA WA N� U IS'n. OA6 3E 19 19 10 6 Nom3ai t�7i YLgd �s 13 2i NM AFZJE W 13% 0.3Z 30 19 19 10 . 6 CAME 7C IS-/. OM 3E 13 2s WA WA Nomml Y ism. OA2 3E 19 2! WA WA Nan=1 Z IVA 142 n 13 19 10 6 90AEUE AA Ir/. d50 30 19 19 10 6 90AFVE 1. ADDRESS OF PROPERTY: 13-& 1-.4 FR4 V C t V `/ MV A 4'74( G`Z-66/ 2. SQUARE FOOTAGE OF ALL EXTERIOR WALLS: e i 3. SQUARE FOOTAGE OF ALL GLAZING: =-/ ,A---I 4. %GLAZING AREA(#3 DIVIDED BY#2): /U v X S. SELECT PACKAGE(Q—AA-see chart above): NOTE: OTHER MORE INVOLVED METHODS OF DETERMINING =GY REQUIREMENTS ARE AVAILABLE. ASK US FOR THIS INFORMATION. BUILDING INSPECTOR APPROVAL: ; YES: NO: c-fbn= 980303a Message Page 1 of 1 Giangregorio, Robin From: Giangregorio, Robin Sent: Friday, December 21, 2007 3:43 PM ' To: Perry, Tom Cc: Weil, Ruth Subject: Sober House Tom, I called Gosnold today as you requested. I spoke to Jud Phelps (508-375-6805) in the Drug Court. He said they do indeed refer people to 132 La France and the success rate is quite good there. When there is a need they call Mr. Richards and ask if there is a bed available. Gosnold provides no off-site services. A case manager is dispatched to the property at least once a week. They observe whether or not the property is clean and the residents are sober. Mr. Phelps knows of no oversight or inspection by any other agency. Gosnold makes no recommendation for rules other than sobriety and access to a phone but they are aware that rules are imposed by Mr. Richard and the tenants must agree and obey or otherwise leave immediately. I am informed that there are about 15 similar facilities on the Cape and only 2 are thought to be non-profit facilities. Mr. Phelps reiterated that there is a huge need for this type of housing as individuals struggling with sobriety are less likely to find affordable housing. He noted it is also important that these clients remain in the company of other sober people and are not exposed to abusers typically found in the homeless shelters where they may be tempted to abuse again. HAC does not refer clients. Just a thought-do these facilities require special insurance riders for liability? W96in Zot,,Jn 1%fo.z renlerzr. Offi,:cu- To,,r al' i7.CLl:S f i?C1I H '200 ; 3.,1"1 St.z"eoL 11 s<tz;zz i s. AN 02661 5OS-862-4027 12/21/2007 i PZ eAENT�� ' y�ro IIIII II a�� ; U.S. Department Of Housing and Urban Development . Office of Fair Housing and Equal Opportunity Thomas P. O'Neill, Jr. Federal Building 10 Causeway Street, Room 321 Boston, Massachusetts 02222-1092 December 11, 2007 ; Robin Giangregorio Town of Barnstable 200 Main Street Hyannis, MA 02601 Dear Respondent: Subject: Housing Discrimination Complaint Richard v. Town of Barnstable Inquiry No. 244533 HUD Case No. 01-08-009378 We have received a formal complaint alleging that you have engaged in one or more discriminatory housing practices under the Federal Fair Housing Law, 42 U.S.C. Sections 3601-3619. We are required by statute to send you a copy of the complaint-. We are enclosing a copy of the complaint for you. The alleged discriminatory practices are identified in this complaint. We have made no determination as to whether the complaint against you has merit. The purpose of r this 1'ett'er' is to' inform' you of:- 1) the rights-you have .in' responding to this complaint, 2) the rights each complainant has, and .3) the steps the U.S. Department of Housing and Urban Development (the Department) will take to determine whether the complaint has merit. In order to insure that the' Department informs' you'•properly of the law's -requirements, this notification letter contains language- required by the law. A similar letter is used to notify all parties whenever a formal complaint has been filed with the Department. under the Federal Fair Housing Law. He are overneud by r l "y y iCderdi Ldw, vhi ii sets Our Lviiat Steps We ii[C15u take wlteli d formal complaint is filed. The law also includes .steps that you can take to answer or refute the- allegations of this complaint. Under federal law, any answer from you to this complaint can be filed within 10 calendar days of-your receipt of this letter or receipt of`a letter notifying you of any amendments to this complaint. Your answer must be- signed and you must affirm that you have given a truthful response by including the statement "I declare under penalty of perjury� thatithe`foregoing-is true and correct. " You w ll `be allowed to�amend`-your'statement ai any time, if our`inbestigation shows that it is reasonable and fair for you to do so. r� Our responsibility under the law is to undertake an impartial investigation and, at the same time, encourage al,l sides to reach an agreement, where appropriate, through conciliation. The law requires us to complete our investigation within 100 days of the date of the official filing of the complaint. If we are unable to meet the 100-day requirement for issuing a determination, the law requires that we notify you and the complainant (s) and explain the reasons why the investigation of the complaint is not completed. In .handling this complaint, we will conduct an impartial investigation of all claims that the Fair Housing Act has been violated. If the investigation indicates that there is not evidence establishing jurisdiction, the case will be dismissed. At any point, you can request that our staff assist -you in conciliating (or settling) this complaint with the complainant (s) . If the case is not resolved, we will complete our investigation and decide.whether or not the evidence indicates that there has been a fair housing violation. If the parties involved have not reached an agreement to settle the complaint, the Department will issue a determination as to, whether there is reasonable cause to believe a discriminatory housing practice has occurred. If our investigation indicates that there is reasonable cause to believe that an unlawful discriminatory housing practice has occurred, the Department must issue a charge. If the investigation indicates that there is no reasonable cause to believe that discrimination has occurred, the complaint will be dismissed.• In either event, you will be notified in writing. If the determination is one of reasonable cause, the notification will advise you and the complainant (s) of your rights to choose, within 20 days, whether you wish to have the case heard by an Administrative Law,Judge, or to, have the matter referred for trial in the appropriate U:S. District Court. Each complainant has the legal right to file such a suit, even if the complaint formed the basis for a charge, as long as an Administrative Law Judge has not started a hearing on the record with respect to the charge. Under federal law, even if the Department dismisses the complaint, each complainant still has the right to file an individual lawsuit under the Fair Housing Law in an appropriate federal, state or local court within two years of the date 'of the alleged discriminatory practice or of the date when a conciliation agreement has been violated. The law 'does not count, as part of the two-year period, any of the time when a proceeding_ is pending with the Department. There may be other applicable federal, state or local statutes under which- you and/or the complainant (s) may initiate court action. You may consult a private attorney in .this regard: The law also requires us to notify you that section 818 of the Fair Housing Act - makes it unlawful for` you, or anyone acting on your behalf, to coerce, intimidate, . threaten, or interfere with any person in the exercise or enjoyment of, any right granted or protected under the Federal Fair Housing Law. The law also makes it illegal for anyone to coerce, threaten or interfere with any person for having aided .or encouraged. any other person. in the exercise or enjoyment of, any .right or protection granted to them under the• Federal Fair Housing Law. Some explanatory material on the law is enclosed for your information. If you have any questions- regarding this case, please contact our office at (617) 994-8300. Please refer to the case number at the top of this letter in those contacts, and keep this office advised ,of any change of your address or telephone number. We hope this information has been helpful to you. Sincerely, Marcella 0. Brown FHEO Region I Director Enclosures r HOUSING DISCRIMINATION COMPLAINT CASE NUMBER: 01-08-0093-8 1. Complainants Raymond Richard 132 LaFrance Ave Hyannis, MA 02601 Representing Raymond Richard: Edward L. Wells, Jr. P.O. Box 902 ` Buzzards Bay, MA 02532 Phone: 508-295-2902 Fax: 508-291-3041 2. Other Aggrieved Persons None. 3. The following is alleged to have occurred or is about-to occur: Using ordinances to discriminate in zoning and land use. 4. The alleged violation occurred because of: Handicap. 5. Address and location of the property in question (or if no property is involved, the city and state where the discrimination occurred) : 132 LaFrance Ave Hyannis, MA , 02601 t 6. Respondent(s) Robin Giangregorio Town of Barnstable 200 Main Street Hyannis, MA 02601 Towns of Barnstable , 367 ,Main Street Hyannis, MA 02601 7. The following is a brief and concise statement of the facts regarding the alleged violation: Complainant is a recovering alcoholic with twenty-two years of sobriety. Since 2000 he has opened up his home to provide transitional housing to other recovering alcoholics. The house now has ten bedrooms. Each of the residents has his own bedroom and pays below-market rent. The local drug court has referred defendants to the Complainant: On or about November 6, 2007, a police officer, zoning enforcement officer Robin Giangregorio,. building inspector, building commisioner, and the board of health came to Complainant's home and told him that only two to three unrelated people could live together in a residential zone. Complainant has explained that the residents are disabled and has requested an exception to the zoning ordinance as a reasonable accommodation. Respondent has refused to consider the reasonable accommodation request. B. The most recent date on which the alleged discrimination occurred: November 6, 2007. 9. Types of Federal Funds identified: i None. 10. The acts alleged in this complaint, if proven, may constitute a violation of the following: Section 804a/b or f of Title VIII of the Civil Rights Act of 1968 as amended by the Fair Housing Act of 1988. Please sign and date this form: I declare under penalty of perjury that I have read this complaint (including any attachments) and that it is true and correct. Raymond Richard (Date) N 0 T E HUD WILL FURNISH A COPY OF THIS COMPLAINT TO THE PERSON OR i ORGANIZATION AGAINST WHOM IT IS FILED. i U. S . Department' of Housing and Urban Development Fact Sheet CONCILIATION UNDER THE FAIR HOUSING ACT During the period commencing from the filin g of a' housing( discrimination complaint, until a determination- of "Reasonable Cause:' or "No Reasonable Cause'' is reached, HUD must offer the parties every reasonable opportunity to settle the issues raised by the complaint through conciliation. As used in the Fair Housing Act, the term "Conciliation" means the attempt to resolve issues raised in a complaint, or arising during the investigation of a complaint, through informal, negotiations involving the aggrieved persons) the Respondents) and. the Secretary of HUD. Before a Conciliation Agreement can be approved `by the Secretary,. its terms must be acceptable to all parties, who signed the Agreement . The Parties ' Rights Confidentiality. Nothing said or done during the course of conciliation negotiations can be used against a party in a subsequent administrative hearing• or civil trial arising from the complaint . Right to Representation. Al-1 parties have the right to be represented by the legal counsel , advocate, or organization of their choice during conciliation negotiations . Voluntary Nature of Conciliation. Participation in conciliation is entirely voluntary. No person may be coerced into conciliating a. complaint . There is no penalty for declining- to settle a complaint through conciliation . Investigators and conciliators may not bully, threaten; or intimidate any party in an effort to reach settlement Role of HUD Conciliator. The HUD conciliator: is. a neutral participant seeking to facilitate .a mutually agreeable settlement ; 0 will inform the parties of their rights during conciliation; ?Till Qf ;rrl1 e partI es a-r;rtil -�e COn,CiIlat l 0n -rj To C e S S, 1Cl 1 1; . tom'. 11 1-L - ,i , I_her dia I oJu ; Will, if necessary, provide interpretations of the .Fair Housing Act in order to"enable the parties to negotiate from informed positions; ® may describe the evidence gathered during the , investigation in order to enable the parties to negotiate from informed positions ; must convelr offers and counter-offers between the parties; is responsible for drafting a Conciliation Agreement incorporating both individual relief for the aggrieved person and relief intended to further the public interest in preventing future discrimination; may describe the potential relief which could be sought or ® awarded for violating the Fair 14ousing Act , but will not comment on the likelihood that those penalties would be impose upon_ a particular Respondent ; Effect of Conciliation Agreement on the Complaint Investigation A Conciliation Agreement that is approved by the Department terminates the investigation of the complaint . By entering into a Conciliation Agreement with HUD, Ti-le Respondent avoids liability on the facts of the complaint by agreeing to provide individual relief for the aggrieved person, and appropriate public interest relief as imposed by the Secretary. The aggrieved person agrees to accept the relief provided by the terms of the Conciliation Agreement ; in exchange for giving up his or her potential right to pursue -relief granted through an administrative hearing or a civil trial . Nature of the Conciliation Agreement The essential_ terms of the Agreement will be those negotiated and mutually agreed to by the parties including the Department . The Agreement must also include provisions for relief to protect the public interest . The Secretary may develop appropriate public - relief provisions based upon an assessment of the total factual -record then a-,railable in each individual. case . Role of the U. S . Department of Justice UpGn r-ceipt a.nd -..rerif_ication r. i_nfol"C11 tiOn tri t R� pond rit h. . jlTl t- ^r:ri�_i �i t 1 r� 7-1r �_rne - r r. ct r•. 11 i rr CI1_ mat LO t'_(lP IJ. � . Attoin--/ ��e'iier�l T01 ci1Lr CC111 _rlt Edward L. Wells Jr. Attorney at Law P.O. Box 902 Buzzards Bay, Massachusetts 02532 Tel: (508)295-2902 Fax:(508)291-3041 BBO# 522460 December 10, 2007 Ms Robin Giangregorio Zoning Agent Town of Barnstable 200 Main Street, Hyannis MA 02601 Dear Inspector.Giangregorio, This letter is in response to zoning enforcement actions by the Building Inspection, Zoning Inspection, Board of Health and Police.at 132 LaFrance Avenue Extension at a home owned by Raymond Richard. Mr. Richard, a disabled person within the meaning of Public Law 100 and Massachusetts General Laws Chapter 40A Section 3, has maintained his residence for other disabled persons accommodations within. the meaning of those laws. Mr. Richard has verbally communicated with the town for reasonable accommodation in the past based upon his disability and those with whom'he shares his home. This letter is a formal request for reasonable accommodation so: that he may not be subject to zoning'regulations which which would not apply to any other family in his zone, violating his civil rights and those who reside with him.- Very trul yours, Edward L. W ry G3 PY'; Parcel Detail Page 1 of 3 Jma ryy, G ec j_'-- d3 / Lagged In As: Parcel Monday, Septernb Parcel Lookup Parcellnfo Parcel ID Y270-274 Developer:LOT 4 LC Lot i Location 132 LAFRANCE AVENUE Pri Frontage 115 .._._ ... ._. _. ...... __._. Sec Sec Road ; Frontage _........ ............................. ................. Village:HYANNIS Fire District'HYANNIS .......... .. ......... .. ................................................ Sewer Acct:2791 Road Index 0851 F Interactive ,_;j Mapa Owner Info .... ......_....... .... ..........__ owner'RICHARD, RAYMOND H Co-owner, ..................................... _. .......................... _ .. ....... . ......... . ........ Street1132 LAFRANCE AVE Street2 _..._.. ......... ...........:..... ...... ....... ... ,. . _........ GtyHYANNIS State IMA Zip!02601 Country US Land Info ......... .......... .. ........... ...... _...._..m _.. ._ ... Acres 0.24 Use Single Fam MDL-01 Zoning , Nghbd 0107 Topography Level Road ; Utilities(Public Water,Gas,Septic Location Construction Info Building year J 1985 Roof" Ext Gable/Hi Wood Shingle Built - --�Struct p Wall Effect F 1925 �_..._.�,__..� Roof`Asph/F GIs/Cmp � AC .None Area = - Cover Type 1 Style I Ranch Int`Drywall Bed 14 Bedrooms Wall Rooms ___ Bath Model Residential Floor Room 3 Full + 1 H £, .... Heat .......... ..._, Total Grade;Average Type I Hot Water Rooms 7 Rooms http://issql/intranet/propdata/ParcelDetail.aspx?ID=20274 9/11/2006 f Parcel Detail Page 2 of 3 a ,..... ................................. .. ..... Heat i........ Found- Stories 1 Story Fuel?Gas ation Poured Conc. Permit History Issue Date Purpose Permit# Amount Insp Date Comm 5/1/2001 Out Building 53057 $2,000 1/1/2002 12:00:00 AM SHED 1/3/2000 New Addition 43362 $25,000 4/3/2001 12:00:00 AM 7/2/1985 B28132 $40,000 8/15/1986 12:00:00 AM HY 1 7/1/1985 1328132A $40,000 HY 1 Visit,History ._.. _, _........ _._.._ Date Who Purpose 4/30/2002 12:00:00 AM Martin Flynn Outbuilding Insp Only 4/3/2001 12:00:00 AM Martin Flynn Meas/Listed 7/21/1998 12:00:00 AM Lloyd Kurtz 8/15/1990 12:00:00 AM ML Sales History Line Sale Date Owner Book/Page Sale P 1 3/15/1988 RICHARD, RAYMOND H C114401 2 4/15/1986 RICHARD, RAYMOND H &JUDITH C105931 3 11/15/1982 FRANCO, NICHOLAS D TR C90060 Assessment History . .. ......._.. _. ......... Save# Year Building Value XF Value ®B Value Land Value Total Parc( 1 2006 $183,000 $19,700 $2,200 $162,200 2 2005 $167,000 $19,300 $2,200 $96,500 3 2004 $136,000 $19,300 $2,200 $96,500 4 2003 $120,400 $18,900 $2,200 $38,800 5 2002 $124,700 $18,900 $0 $38,800 6 2001 $85,100 $2,700 $0 $38,800 7 2000 $66,600 $2,600 $0 $24,800 8 1999 $66,600 $2,600 $0 $24,800 9 1998 $62,300 $2,600 $0 $24,800 http://issgl/intranet/propdata/ParcelDetail.aspx?ID=20274 9/11/2006 Parcel Detail Page 3 of 3 10 1997 $58,700 $0 $0 $24,800 11 1996 $58,700 $0 $0 $24,800 12 1995 $58,700 $0 $0 $24,800 13 1994 $58,900 $0 $0 $27,900 14 1993 $58,900 $0 $0 $27,900 15 1992 $67,000 $0 $0 $31,000 16 1991 $69,000 $0 $0 $43,300 17 1990 $69,000 $0 $0 $43,300 18 1989 $75,900 $0 $0 $43,300 19 1988 $55,400 $0 $0 $17,900 20 1987 $55,400 $0 $0 $17,900 21 1986 $0 $0 $0 $15,200 22 1985 $0 $0 $0 $0 Photos c http://issql/intranet/propdata/ParcelDetail.aspx?ID=20274 9/11/2006 I�statile Assessing Search Results Page 1 of 2 10 c y f- °� Home: Departments:Assessors Division: Property Assessment Search Results 4}up' 132 LAFRANCE AVENUE Owner: RICHARD, RAYMOND H Property Sketch L gend Map/Parcel/Parcel Extension 270 /274/ Mailing Address RICHARD, RAYMOND H y 132 LAFRANCE AVE E awl1j3' N�� HYANNIS, MA.02601 2004 Assessed Values: Appraised Value Assessed Value Building Value: $ 136,000 $ 136,000 Extra Features: $ 19,300 $ 19,300 Outbuildings: $2,200 $2,200 Land Value: $96,500 $96,500 Interactive Property Map: ap requires Plug in: Totals:$254,000 $254,000 1 have visited the maps before Show Me The Man " a � April 2001 photos available Sales History: Owner: Sale Date Book/Page: Sale Price: RICHARD, RAYMOND H 3/15/1988 . C114401 $ 1 RICHARD, RAYMOND H&JUDITH 4/15/1986 C105931 $ 105,000 FRANCO, NICHOLAS D TR 11/15/1982 C90060 $ 137,500 2004 Tax Information: ''Tax Rates: (per$1,000 of valuation) Town Tax $ 1,678.94 Town Fire District Rates . Other Rates 6.61 Barnstable 2.01 Land Bank 3%of Town Tax Hyannis FD Tax $515.62 C.O.M.M. 1.10 Cotuit 1.52 Land Bank Tax $50.37 Hyannis 2.03 West Barnstable 1.36 http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing/`... 8/20/2004 IMPliftble,Assessing Search Results Page 2 of 2 Total: $2,244.93 Due to rounding differences these values may vary Land and Building Information Land Building Lot Size(Acres) 0.24 Year Built 1985 Appraised Value $96,500 Living Area 1432 Assessed Value $96,500. Replacement Cost$ 147,825 Depreciation 8 Building Value 136,000 Construction Details Style Ranch Interior Floors Carpet Model Residential Interior Walls Drywall Grade Average Heat Fuel Gas Stories 1 Story Heat Type Hot Water Exterior Walls Wood ShingleClapboard AC Type None Roof Structure Gable/Hip Bedrooms 4 Bedrooms Roof Cover Asph/F GIs/Cmp Bathrooms 3 1/2 Bathrms Total Rooms 7 Rooms Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL Fireplace 2 $5,500 $5,500 BFA Bsmt Fin-Aver 1000 $ 13,800 $ 13,800 SHED Shed 280 $2,200 $2,200 Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area (Finished) UST Utility Area(Unfinished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP, Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area a WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing/... 8/20/2004 ro o J�ecJ------------------------- ✓z�o w� bp,4\ i-o o r,-" r �FSHE Tp�, Town of Barnstable Regulatory Services BARNSrABLE, * Thomas F.Geiler,Director 9 MASS. 039..�A Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 August 10 2006 Mr. Raymond Richard 132 LaFrance Avenue Hyannis MA 02601 Re: Illegal Apartment: 132 LaFrance Avenue Hyannis Ma. 02601 Map: 270 Parcel: 274 Dear Property Owner: Our records indicate that your house at the above-referenced location is currently being used as a multi-family home,which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal record. You must contact this office within 14 days to either: • Apply for a building permit to restore the property to a one-family home • Apply to the Amnesty Program • Prove that this is a legal multi-family home. Please contact this office immediately to tell us what direction you wish to take. S' cer , L' a Edson Amnesty Zoning Enforcment Officer Building Department gfonns:zoning3 r-c Parcel Detail Pagel of 3 Y Logged In As: ParcelThursday, Augu Parcel Lookup Parcellnfo ........ ........ ......... ......... ......... Parcel ID 270-274 Developer.LOT 4 LC Lot, Location 132 LAFRANCE AVENUE Pri Frontage 115 Sec Road ' Sec ._» Frontage ........ ......... . ................ ......... . ............... ......... .......... Village HYANNIS Fire District;HYANNIS ........ ....... ......... .... ......... ........ .... Sewer Acct 2791 Road Index 10851 Interactive `�, Map ' f Owner Info _ _.. .. ...__.�...._...... Owner RICHARD, RAYMOND H Co-Owner ......... ..._......................... ................. Streets !132 LAFRANCE AVE Street2 f City'HYANNIS State MA zip 102601 Country US Land Info ......... ......... ....... .. ...... ......... ..::::,... Acres{0.24 use ISingle Fam MDL-01 Zoning ` Nghbd 0107 ;,... _.... _,.,.,. ... Topography I Level Road 1 Paved utilities EPublic Water,Gas,Septic Location Construction Info Building of I Year; __ ......... ......... Roof' Ext F Built:1985 struct IGable/Hip Wall 1Wood Shingle O Effect 1825 Roof Asph/F GIs/Cmp AC None Area ' •Cover Type ............._. Bed Style!Ranch wall Drywall Rooms,4 Bedrooms Model Residential Int I Bath 3 Full + 1 H -.. Floor Rooms ..... _,.,.. T T_. Heat i ... otal .. , Grade:Average Hot Water 7 Rooms Type'.. Rooms, http://issql/intranet/propdata/ParcelDetail.aspx?ID=20274 8/10/2006 � � � � � � Parcel Detail Page 2 of 3 Stories Gas 1poured 6 Fuel atio Permit History Issue Date Purpose Permit# Amount Insp Date Comm Visit History Date Who Purpose 4/30/2002 12:00:00 AM Martin Flynn Outbuilding Insp Only 7/21/1998 12:00:00 AM Lloyd Kurtz Sales Histo Line Sale Date Owner Book/Page Sale P Assessment History Save# Year Building Value XF Value 01B Value Land Value Total Pare( / / 2 2005 $167/000 $19.300 $2,200 $86.500 3 2004 $136.000 $19.300 $2.200 $06.500 � � 4 2003 $120/K00 $18.800 $2.200 $38.800 ! � 5 2002 $124.700 $18.900 $0 $38.800 � $0 $38.800 � $0 $24.800 $O $24.800 $U $24,800 8/}0/2U06 Parcel Detail Page 3 of 3 10 1997 $58,700 $0 $0 $24,800 11 1996 $58,700 $0 $0 $24,800 12 1995 $58,700 $0 $0 $24,800 13 1994 $58,900 $0 $0 $27,900 14 1993 $58,900 $0 $0 $27,900 15 1992 $67,000 $0 $0 $31,000 16 1991 $69,000 $0 $0 $43,300 17 1990 $69,000 $0 $0 $43,300 18 1989 $75,900 $0 $0 $43,300 19 1988 $55,400 $0 $0 $17,900 20 1987 $55,400 $0 $0 $17,900 21 1986 $0 $0 $0 $15,200 22 1985 $0 $0 $0 $0 Photos http://issql/intranet/propdata/ParcelDetail.aspx?ID=20274 8/10/2006 f 08/17/2006 TOWN OF BARNSTABLE PG 1 09 : 17 WA APPLICATION PROFILE piappent GENERAL APPLICATION ------------------- Application ref 44854 Department BUILDING DEPARTMENT Location 132 LAFRANCE AVE EXT. Parcel 270274 Cross streets Add' l loc desc Municipality HYANNIS Subdivision Lot Existing use SINGLE FAMILY HOME memo Current Zoning RESIDENCE B DISTRICT Applicant Proj/Activity ELECTRIC RES . ADD/ALTER Class of work OTHER Description ASSUME PERMIT #44326/SERVICE & REWIRE ADDIT'N Proposed use SINGLE FAMILY HOME memo Proposed zoning RESIDENCE B DISTRICT Non-conforming N Applic received 03/20/00 Estimated cost 0 Estim start/end 03/20/00 Actual start/end 12/01/04 Impervious Surf Status COMPLETE Status code desc CLOSED APPLICATION Multiple submissions N Next action Government owned N memo Ordinance ref Reason for app Parent app ROLES/NAMES Role Name/Address PROPERTY OWNER RICHARD, RAYMOND H 132 LAFRANCE AVE HYANNIS, MA 02601 GENERAL CONTRACTOR COLEMAN ELECTRIC 62 FLEETWOOD PATH Phone : (508) 428-7445 MARSTONS MILLS, MA 02638 Tradesman Name Lic Type License number Class Expires COLEMAN ELECTRIC A15632 BUILDING CONSTRUCTION --------------------- No Building Construction detail was found. 08/17/2006 TOWN OF BARNSTABLE PG 2 09 : 17 WA APPLICATION PROFILE piappent Application ref : 44854 (continued) PERMITS Type Permit Number Status Issued Fee Unpaid Amt E PENT CNV 44854 ISSUED 03/20/00 30 . 00 . 00 INSPECTIONS Type Requested Scheduled Insptr Permformd Results Bal Due ESRVC INSP 05/19/00 12 : 00 RWES 05/19/00 PASS . 00 ** END OF REPORT - GENERATED BY AMARA, WILLIAM ** QUERY PERMITS: QUERY END QUERY PERMITS PENTAMATION--------------------------.------- ------------------------- 12/20/07 PERMIT NUMBER 43362 PARCEL ID 270 274 PERMIT TYPE BADDI BUILDING PERMIT ADDITION DESCRIPTION ADD BATHROOM, CLOSET & FAMILY ROOM, 2 BDRMS MASTER PERMIT INSPECTION REQUIRED REQUESTED SCHEDULED INSPECTED RESULT INSPECTOR BFIN 08/01/2000 A RJON BFOD 02/09/2000 A RJON BFRM 02/25/2000 A RJON BINSU 03/24/2000 A RJON PRESS ESCAPE TO END DISPLAY f P ., � - "Y� �� J - £. _ �sy C/ r' ---�---�� ., s :t .,�. �.�,, � r �, � _ � � a r � � - -� ��2 � � �� .. �. f � �, .. . _ �� ''�� oF1HE��, Town of Barnstable Regulatory Services MASS. a Thomas F.Geiler,Director AIEp;p.�A�e Building Division Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4024 Fax: 508-790-6230 August 10 2006 Mr. Raymond Richard_ 132 LaFrance Avenue Hyannis MA 02601 Re: Illegal Apartment: 132 LaFran_ ce Avenue Hyannis Ma. 02601 Map: 270 Parcel: 274 Dear Property Owner: k, Our records.indicate that your house..at the above-referenced location is currently being used as a multi-family home, which is contrary to Barnstable Zoning Ordinances. Violation of zoning ordinances is a misdemeanor, conviction for which results in a criminal record. 4 You must contact this office within 14 days to either: • Apply for a building permit to restore the property to a one-family home • Apply to the Amnesty Program e Prove that this is a legal multifamily home: Please contact this office immediately to tell us what direction you wish to take. SincereI i �. Linda son estyZoning Enforcment Officer Building Department gf6rms:zoning3 }'ys :..;, .: a..rX.....:.ShW-i+"�=-:3:vn-.�,�. :ten ..�-.-....<<;,.,�,x:r�r-,... .::y>-�y,.�.� :...m.:,-.. •�-•--7'--.�� ... ,�.-r^.--;rs�.- a�.,.y.nw:-:,r^¢""'.-.,N•at*atxsr+.- .... •TM� TOWN OF BARNSTABLE 'Permit No. __�-Ka2----------------- Building Inspector Cash`` • --------------- — ' e�w one OCCUPANCY PERMIT Bond :-- Issued to Capricorn Realty Trust Address x Lot 4, 132 RaFrance,Avenue,Ezt. , Hyanriis Wiring Inspector Inspection date Plumbing Inspector�.X ? 1 *Inspection date �d� XF•s— Gas Inspector c � , '?v Inspection date XEngineering Department ' f Inspection date /,I_ � P1A � wm.; , Board of i ealth ` '7'? �� / 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 AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. 19 0c5......._... ✓ fig / ,��"�z� ...................................................... ........,...... ::4::..........^..f........._...:............. ...... .. -c..-. Building Inspector fir �, ��P.°�•�ew TOWN OF BA' NSTABLE BUILDING DEPARTMENT = s NAM 0 TOWN OFFICE BUILDING � f °b '6�9• �� HYANNIS, MASS. 02601 t MEMO TO: Town Clerk w s FROM: Building Departmenteo/40 DATE ts' ►'� .�!,� - '"' An Occupancy Permit has been issued for the building authorized by . Building Permit. #........��... �� .. issued .to C ,f'✓t�'v!^� f /"f c-' Please release the performance bond. x s 9 cz e *5 4 x�...1 #: k k s r 4 q. • `Assessor's mapParrd lot number. ....p�: i-y SewageP erm�`�numb�� {1 Cf jo.� .:XJ' A�!��TF�Er2/Y1lT 2 ToAGo�uitlEGr �' B9HHSTODLE. i House number, ........ Q, ...... rb a m9 - 4 �O 39• TfOWN ,OF B�AIJRNS�TABLE r ;k BU.IL�DING INSPECTOR APPLICATION FOR PERMIT TO .... .CrO. :GxLI :�..'; a T ;��..: aJ111.7.y..:DSoieal i:I] ;.................................... ' TYPE OF ,CONSTRUCTION .. ` Wood Frame ...................................................................... ..... TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies fora permiit according to the following">information- Location ....... 4.t.. s. I�ao'ranee Ave...,. EX.�.,.,:...I �,nn�s.,. .l asa............... .. r , •A= .. 'Proposed Use .... .. ......................................................................... ............................. Zoning District ...R .B. . . ....¢ .........Fire District :. Ay.amig, .•...... .............. ............ Name of Owner �3p�1CD.z+n:.l3eal iry.. .�'r�1s.t. ....Address ....76,5 Name of Builder -''xa ?C.o...�D.a�.. St....,.DeY..:.CC1...,TAcd�lrass .............................Same. .....:..................... ..............f Name` of Architect. ................................... ...................:...Address .......... . .....................::............................... ........... Number of Rooms ........r.5.i7.................. ............................Foundation ;....::...P...C.................:........................................... , • ' t Exterior ..Ci .a b.aard..:an p d,Qr...-shingl:ez.............. .Roofing sphaJ..t...Shinglea...M Sheetro&............ Floors ....carpe,t ......:....... : tenor.. ......... ......... ........ ........ ..... Heating was........ ....:.W.. ...........:...... ......... ....... . ..........Plumbing ........ YY.Q.. . Q.Q.Ppq.r....................... 1 � Fireplace .... N011e `lQ Q.QQ �0.. .......:.... f ........ ....... Approximate Cost s.. 4.... ... ... :Definitive Plan'Approved by`Planning Board ---__ ________________________19 ----- Area .,- aq...f t. ...... ....; «. x / 1 Diagram of Lot and Building with Dimensions `` Fee ........ '...... SUBJECT TO APPROVAL OF BOARD OF HEALTH • 4 , • , OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS . I .hereby- agree„to conform,to all they Rules and Regulations of the Town of Barnstable regarding the above - constructiori': r Namepries .... x Construction Supervisor's License .......QQQ.9. .9 CAP,j1CORN REALTY TRUST , t; 28132' One Story No k: ........ Permit for .................................... gr" Singl`e Family Dwelling r s Lot................................................... . Locdtion 4, 132 LaFrarice Ave. Ext., , .. ..... ...... • Hyannis c' r ................................................................................ z Capri corn Realty Trust a Owner .. ..... ... ................................ ......... r _ r Frame " s ' Type7of Con ........structiori ...........'f �� ................. ' Plot i ............ . Lots ......................... +" 1 July 2,``` 85 Perr ..'Granted ....... .... ...................19 Date of"Inspecti .. i....: Date pmpleted`��1"G: 3.............19/� ' /vim `. 2 .. • .. .. �`.. .- � . . •. .. Z - S "� -* ''�y F r,i,Hy• k r'fta � �+�h�7a.�_{yY�r "f`� - _ 'Assessor's map and lot numberFTHEr o� 04"ro BUILD;;, Sewage Permit' number �T2/s AUSTABLE, i T'o G �vetl G House bumber ....................... a......�.�..Q.......................... 90 Muse . a p 16}9• 90 TOWN OF BARNSTABLE BUILDING INSPECTOR (df� Arta p P r'�mi, �r TltnrAl 1 �. APPLICATION FOR.PERMIT TO ...........?�........ G.:.,.:.J1n, .1........... .. Ll ...........lA...1'1...................................... TYPE OF CONSTRUCTION "Wood Frame .................................:..................................................................................... i ..........J ?? ... .: s.................19... TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location .......L.ot.. �! r......I�a��.rance..A.v.e.•..�...��.�. �.vaa7�2.�..`~.A....M�,��.,........................................................... ProposedUse ............................................................................................................................................................................. Zoning District ......R.'B..........................................................Fire District Hyannis...................................... Name of Owner .... ca.pr.1...f nY'n... .......Address Name of Builder �'Y ank.f?... a1.. .t.9..�.nPtr�rS�.. .z.TAddr�ess ............................Eame............................................. Nameof Architect ..................................................................Address .................................................................................... • Number of Rooms ........Six..............................................:..Foundation ..........R r.0........................................................... Exierior ,.................Roofing .............Aq-;iha;,j..t...1,3 1..Y1g p.c............................. Floors ....Carpet ....................Interior SheetroCk Heating ''as — 'T. ...Plumbing ....... .WA..."...qQ,PP.qX;....................................... Fireplace Norie ..........Approximate Cost .... Definitive Plan Approved by Planning Board -------------------_-----------19________. Area . f.c........... Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above .,construction. IN Name ...... /. //,..,rreu.'.... f Construction Supervisor's License ......000989...„ CAPRICORN REALTY TRUST A=270-274 No 281 .. Permit for .............. Single"'Family Dwelling ............ Lot, 4, 132 LaFrance Avenue Ext. Location ................................................ 9. Hyannis .............. ................................................................. Owner ......qqpX a Capricorn Relty..ji��"�ig............ . ........................ Frame Type of Construction" ........................................... ..................................................................... .......... Plot ............................ Lot ............... Permit Granted .....July 2 .....................19 85 Date of Inspection ....................................19 Date Completed ......................................19 IL p 4 Va J 4 sj r iu y Y S a. e k F fRAA/c � V,E .GX T+ 38`i 38'0 _ 3:7 � > Ix ° 0 vP 0 1n Ott Lo ,—.�,, - /aa'�.rivrri' 040�' ICI I'irl ` L 7` L o T d G re- of �vo .°,�5�1/Mo Qj 6-•- p CERTIFIED PLOT PLAN } oF77, pass r tr ROBERT,` r f." ELDREDG.E N , No:1937 IN' 'EGISTEc��d SAgAlS A A L J4 A . , SCALE= tr.'DATE= GLIEMT �' .1 CERTIFY THAT. THE: v E8I$TEREO REOISTEREV SHOWN ON THIS PLAN 19 LOpAT1tp JOB.- GoMOB iS" ON THE !GROUND AS. INDICATED AMD CIVIL LAND YNFORMS TO THE ZONING LAW$ ENtdINEER 8URVEYOR pRaY� s. ; S CF oARN9TASL A 8. a / Cj SYs. � .. s:7 t 2' M A I N STREET �---*-�---- i H YA N r1.1 S, MASS, BHEETIOF A E RE3. LAND 8URVEYOR Edson, Linda From: Edson, Linda Sent: Tuesday, July 17, 2007 1:58 PM ` To: Palkoski, Christine Cc: Smith, Robert; Weil, Ruth Subject: 132 Lafrance Ave Hyannis Hi, This is a case of mine I would like to get closed out. This fellow is renting rooms to more that the allowed number of people. we had him remove 2 kitchens and bring the ceiling height up to regulation in the basement. He is renting to -about 9 people. He says he has a right because they are all recovering alcoholics. He is not sanctioned by any agency. Just him doing his thing and charging about $800.00 a month for each person. I believe we asked for an opinion several months ago. What can I do? He shouldn't be renting to more that 3 . Linda ' II 1 I� ►� 0?o PUBLI 100430 [H.R. 115R1; September 13, 1988 FAIR HOUSING AMENDMENTS ACT OF 1988 For Legislative History of Act, see p. 2178 8d to amend title VIII of the Ad commonly called the Civil Rights Ad of 1968,to revise the _ FWWures for the enforcement of fair housing,and for other purposes. <Bt it enacted by the Senate and House of Representatives of the ed States of America in Congress assembled, Fair Housing h' 0.N Amendments 1.SHORT TITLE. Act of 1988. This Act may be cited as the "Fair Housing Amendments Act of p im nation. ' 42 USC 3601 L SHORT TITLE FOR 1968 ACT. note. Civil Rights Act ale Act entitled "An Act to prescribe of 1968. p penalties for certain acts of 42 USC 3601 nce or intimidation, and for other purposes" (Public Law 90- note. approved April 11, 1968) is amended by inserting after the a at the end of the enacting clause, the following: "That, this Act may be cited as the 'Civil Rights Act of 1968'.". kc-3.REFERENCES TO 1968 ACT. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or provision, the reference shall be considered to be made to a section or other provision of the Act entitled "An Act to prescribe penalties for certain acts of violence or intimidation, =nd for other purposes" (.Public Law 90-284, approved April 11, SSG a.SHORT TITLE FOR TITLE VIII. j title VIII is amended by inserting after the title's heading the '.-bllowing new section: "SHORT TITLE "SEc. 800. This title may be cited as the 'Fair Housing Act'.". Fair Housing } S.AMENDMENTS TO DEFINITIONS SECTION. . Act. � 42 USC (a) MODIFICATION OF DEFINITION OF DISCRIMINATORY HOUSING note. ti UCrICE.—Section 802(f) is amended by. striking out "or 806" and 42 USC 3602. rting in lieu thereof"806, or 818". (b)ADDITIONAL DEFINITIONS.—Section 802 is amended by adding at end the following: :.; "(h)'Handicap' means, with respect to a person—(1) a physical or mental impairment which substantially limits one or more of such person's major life activities, "(2)a record of having such an impairment, or "(3)being regarded as having such an impairment, '.bat such term does not include current, illegal use of or addiction to k i controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). "(WAggrieved person' includes any person who- 102 STAT. 1619 FAIR HOUSING AM..ENDMENTS ACT P.L. 100-430 [page 22] Section 5(b) amends the definition section. Adds new definitions bf handicap, aggrieved person, complainant, familiar status, concil- Won; conciliation agreement, respondent, and prevailing party. Handicap. Provides a definition of handicap to be used under Act. This, language is substantially similar to the definition ender the primary federal law prohibiting discrimination.against the handicapped, the Rehabilitation Act of 1973.S4 The Committee intends that the definition be interpreted consistent with regula- 'dons clarifying the meaning of the similar provision found in. Sec- tion 504 of the Rehabilitation Act.55 The definition adopted by the Committee makes it clear that cur--rent illegal users of or addicts to controlled substances, as defined by the Controlled Substances Act,S e are not considered to be handi- capped persons under the Fair Housing Act. This amendment is in- _tended to exclude current abusers and current addicts of illegal : :drugs from protection under this Act. The definition of handicap is not intended to be used to condone or protect illegal activity. } This exclusion does not eliminate protection for individuals who take drugs defined in the Controlled Substances Act for a medical ": oondition under the care of, or by prescription from, a physician.. se of a medically prescribed drug clearly does not constitute ille- '01 use of a controlled substance. Similarly, individuals who have a record of drug use or addiction but who do not currently use illegal drugs would continue to be protected if they fell under the definition of handicap. The Commit- "tee does not intend to exclude individuals who have recovered from .an addition or are participating in a treatment program or a self .help group such as Narcotics Anonymous)Just like any other. ppeertssoon with a disability, such as cancer or tuberculosis, former }`drugdependent persons do not pose a threat to a dwelling or its in- itants simply on the basis of status. Depriving such individuals ,X housing, or evicting them, would constitute irrational discrimi- 'nation that may seriously jeopardize their continued recovery. Individuals who .have been perceived as being a drug user or an °oddict are covered under the definition of handicap if they can '.demonstrate that they are being regarded as having an impairment _ sad that they are not currently using an illegal drug. t -. The exception for current illegal drug users does not affect their emrage in the Rehabilitation Act or other statutes. The World r.. Health Organization and the American Psychiatric Association both classify substance abuse and drug dependence as a mental dis- order, and most medical authorities agree that drug dependence is "Definitions at 29 U.S.C. 706. r: "See, 45 CFR 84.3; 45 CFR e.g., 3 part 84, App. A., subpart A. As the regulations note, the ,definition of handicap does not include a list of specific diseases and conditions that constitute ,k� ical or mental impairments because of the difficulty of ensuring the comprehensiveness of May such list and because some conditions covered under the definition of handicap-may not �"ta been discovered or prevalent in the population at the time of passage of legislation. For 'llesample,AIDS and infection with the Human Immunodeficiency Virus(HIV)are covered under = t>�Act, although such conditions were not even discovered when Section 504 was passed in Ilia.See,e.g.,Local 1812 American Federation of Government Employees v. U.S. Department of ..Sk k 662 F.Supp. 50,54 (D.D.C. 1987),Ray v. School Di8trict.of DeSoto County, 666 F.Supp. 1524 ;.: OM Fla. 1987). 1421 U.S.C.$02. 2183 i 40A § 3 fir: ZUNI structures used or to be used by a public service corporation are located more than one municipality such lands or structures may be exempted i10 zoning ordv particular respects from the operation of any zoning ordinance orb - 3 stall of soli upon petition of the corporation, the department of telecommunications w �� the collection r . energy shall after notice to all affected communities and public hearin andtealth, safety or w ' of said municipalities, determine the .exemptions required and find.tg11a one ,No zoning ordil present or proposed use of the land or structure is reasonably necessary for the., , ,. f antenna structure convenience or welfare of the public. rdinances and b; No zoning ordinance or bylaw in any city or town shall prohibit,.or require a. n such antenna .str special permit for, P u provided, however P P the use of land or structures, or the expansion of existin structures, for the g . s> cient height o primary, accessory or incidental purpose of operating a child ' care-facility; �� r+ amateur radio cor provided;however, that such land or structures may be subject to constitute the "; reasonable regulations concerning.the bulk and height of structures and deter- s and mining yard sizes, lot area, setbacks, open space .ro ;legitimate purpose , Parking and building cover- A �:. age requirements. As used in this paragraph, the .term "child care facility" >, " .9dded by St lc. 637, St 1985 { shalLmean_a day care center or a school age child care program, as those.±e_*Tns "d St 1989, C. 590; St.l a ; are ue Tied in.section nine of chapter twenty-eight A. . ij 276, §§ 1, 2; St.195 Notwithstanding any general or special law to the contrary, local land use , and health and. safety laws, regulations, practices, ordinances, by-laws ,5 decisions of a city or town shall not discriminate against a disabled persona . ed the fourth(now seve 1. Imposition of health and safety laws or land-use requirements on congregate;;: st.1982,c.40,approl hying arrangements among non-related persons with.disabilities that are not first i - paragraph, in the unposed on families and groups of similar size or other unrelated persons shall floriculture, or vitic P ture" in three places, constitute discrimination. The provisions of this paragraph shall apply to eve �`` ceding"prohibit or uni PP Y rY city or town, including, but not limited to the city of Boston and the city of "including those facili Cambridge. duce, and wine and da majority of such prod Family day care home and large family day care home, as those terms are produced by the owner facility is located,". defined in.section nine of chapter twenty-eight A, shall be an allowable use St1983, c. 91, a unless a city or town prohibits or specifically regulates such use in its zoning ppro the fifth(now eighth)p; ordinances or by-laws. St.1985, c. 637,§ 2, added the ninth paragr No provision of a zoning ordinance or by-law shall be valid which sets apart st.1987, c. 191, app) districts by any boundary line which may be changed without adoption of an serted the third(now fii amendment to.the zoning ordinance or by-law. St.1989, c. 106, § 1, inserted hird St.l 89,the c. 341(now § No zoning ordinance or by-law shall prohibit the owner and occupier of a residence which has been destroyed by fire or other natural holocaust from approved graph, s, Is ad placing a manufactured home on the site of such residence and residing in such fourth) p c. rap ad, home for a period not to exceed twelve months while the residence is being first paragraph, in the f 11 rebuilt. Any such manufactured home shall be subject to the provisions of the or require a special . state sanitary code. pansion, for "the exp during the months of No dimensional lot requirement of a zoning ordinance or by-law, including September of every ase but not limited to, set back, front yard, side yard, rear yard and open space Products for sale, b dollars or volume,"for shall apply to handicapped access ramps on private property used solely for the such products for sale", purpose of facilitating ingress or egress of a physically handicapped person, as St.1990, c. 521. § 2, defined in section thirteen A of chapter twenty-two. inserted the third parag .-- 10 Section 9 of St.1990, r� t r AUG-04-1998 12:06 FRW PLYMOUTH LAW LIBRARY TO 7595854 ' P.01/Cr av"b Tie 9dassadiuse a qorter Cite as 6 MAss. L. Retie. No. 21, 46v(April 21, 1997) I §12132. and (d1 the iederal Rehabilitation Act, 29 U.S.C. §794 et seq, Furthermore such persons are i 'handicapped persons within the meaning of the federal Fair Housing fret. 42 U.S.C. §3604(f)(1)(6), Disabled - Americans with DisabiIiltea Act - in Cczierel-ActApplies to Decisions by Local Zoning Agencies. i onlsig - In General-Americane with Disabilities ^Act AppL'rrr to Local Zoning Decisions.The federal American: 'vit!h :�i5lbii:*.ie� r:-j S's U.S.C. a12132, applies to zoning deciaioiw by munic'pal agencies. Disabled-Fedetai Rehabiiitat on Act In General. Receipt of Federal Funds by a _+lunicipaJjty lmposea on Local Zoning agencies the Obligation to Comply with the Federal Rehabilltatioa Act Even Though -Nor-a of TbusC Agenciea Receives the Funds, 4 U-11iug Li U:uersJ -Receipt of Federal.>~ands b9. lr tpr:ses on Local Zoning Agencies • GrClic p Housew, Inc, v.'.,%.)ty of Boston of cl. the Oblige=ion to Comply wltb the Pederal Reba- Srsferior Court., Suffolk. S, bilitation Act Even T"noudh None of Those t�eti. y 1+U. £'b"ti6�411 ties :Wcelces the Funds. i!rr °;pt •�' fcd!:al &°iarnurar_durn Dated Februan, l?y i firads%5't:�.e laity ei 5o{tort i'1;L`^.SCE the OSiE: atio fi to c ai Rehabilitation Ac.•t 29 U.S.C. "arled -AmOnc-tns with LlaablUtics Ae,.- Niisc. §n4 et seq.. Un 211 Qr,roWi'1c;agencies ever. unough Cases-Denial.of a Zoning Applieatio1%for a Res!• no iedw ti fur:-s are used -',y J-.ofe ageilcics. lential);Lorne for Reeo;erirg!,ICnh�li,�,,�;;1 i�ri•� - :vidIr 6 WrIS rttttei a Violr;tiou of ti-le A at•;iedii;, c:tth 1JLahil111e2 Act. bisabitd-in General-Denial by a Zoa;ng Conuni;- aion of a Permit for a Rpsideutial Home for Recov- ering Alcobolics and Drug Addicts Constitutes p Violation of the Federal americans with Disabiti- Ues A:it, the Irederal Nair Housinf Act. the Nlaas. Zoning Act, and the Federal fiehabilitntion Act. far he City of Boston 2xning Board of Ar a•'�' a_n. pphcatitlii t+y a nonprofit corporation rcr a etroup �,oa:c arrt:rlb c-K•alc holics wici ex-drug ae-icF.s via. tr.: federal Fair Housing Act, 42 U.S.C. §36CI :t se:I.;U-ic prohibitio:t of land use ordinances wrtcl% ..p�iita �:et,SCi:S 'Pah dig:vasties. :�co S 1(....3settz lc-!-.;r.-Act :ri.�r.:li.� 40A. §3. L'it ;ej''a: itawricai,s c1111h Disabilities Act. 42 1•r �12132 : and the teticraI Rehabilitation Art.29 U .g C. %94 r' !gabled-in General-Recovering Alcoh0li s and brti=Addicts Are per with DISSI) sties Within . the Ideaning of the Mass ZoningAet. &Oniug - Ordinances - Construction - secovering Alcoholics and Drug Addicts Are "Disabled" within the ldeaning of a Zoning Ordinance Permit- ting Group lionxes for Persons wJth L'isabi:ltl',e.s, ylooriolics and drug addicts are "tiisatrlcd" persons :,,ithln the:meaning of(a) a Boston zoning ordinance: establishing group treatment horses for p rson:MUh disabilwts as a permitted use, (ht .' c star:::civ =ohibition c.f local ordiztances which dl r, l S nm r.=rf gainst "d%a (ed" persons. M.G.L.c. 40A l_. (c) .1,c 1'*d rai American:; wit.6 Di abilifl�s%, .rt. 42 + r Gosnold a bridge back on Cape Cod P.O.Box 929,Falmouth,MA 02541 (508)540-6550(VfM) www.gosnold.org November 29, 2006 Re: Ray Richards, 132 La France Avenue,Hyannis To whom it may concern, Ray Richards has been providing congregate housing for disabled adults (primarily in recovery from substance abuse) for a number of years. Mr. Richards requires that these individuals remain clean and sober and actively engage in their recoveries. Should one relapse, the individual must immediately vacate the premises as stipulated in the occupancy agreement. He/she cannot return until given permission by Ray Richards or his authorized representative. The resident is encouraged to seek substance abuse treatment from detox, if deemed appropriate. In addition, household members are required to attend routine counseling sessions of their choice and attend a minimum of three(3) 12-step meetings each week. They are also required to submit to a drug screen if requested. Many of these recovering alcoholics and/or addicts have lived at Ray's"La France Avenue" house for extended periods (from months to years)with little negative consequences. They become legitimately employed, necessary to pay their residential fees and other living expenses. They learn to live independently and responsibly; not to drain tax resources from the town and state. Sober housing is at premium in the Hyannis area and is one of the major needs that recovering persons require to sustain their sobriety and/or clean time and become productive community citizens. Please allow Ray Richards to continue his congregate housing as it is currently constituted. The La France House is a valuable housing resource. Sincerely yours,. ud Phelps Program Director . Gosnold Drug Court Treatment Program Gosnold Treatment Center • Gosnold at Cataumet • Gosnold Thorne Counseling Center Emerson House • Miller House • Gosnold TSS • ROI Associates • MICA Program 11/30/06 ; • Ray Richard 132 Lafrance Ave. Hyannis, MA 02601 Dear Ray, I am writing this in support of your sober house on Lafrance Avenue abutting our office building at 460 West Main Street in Hyannis. HAC is very much in support of what you do and ghat you have been-doing for the past many years. As an abutter we have had absolutely no problems resulting from the services you provide or the clients you serve. To the contrary, as an agency, many of our clients have benefited greatly from the respite you provide. The community needs more people like you doing what you do not less. Any further help we can provide in convincing the town to allow you to continue we wou be happy to try and provide. t Singe , e Fr eric es CE e .o www.haconcapecod.org .nois Legal•Aid:Discrimination in the Sale,Rental and Use of Housing(Federal Law) Page 1 of 30 apout u5 I ccntact us I iioinoisLeaal,A d_o 9 tasrir f�k=�l�®a�vva�E�s Hone i VIde-s News [>rrectory Discussion Groups s hscripC>a15 .. . Login Pri.nt_this.P_ag_e €ZE=ma.il thisage -- - ✓anced search E-mail address actice Areas Discrimination In the Sale, Rental and Use Password :hildren of Housing .(Federal Law): .The Fair Housing. :ivil Practice ,lull Rights Amendments Act of 1988 (FHAA) r remember me Lost-yoUf._pa,,sword :onsumer Law "!ot_reyistere.d yet% :riminal Law (Chapter 10 Section 1 from G�cideboo.k of Laws and Programs for )isability Ppo.laie_with Disabilities) Events Calendar :conomic Development :donation What is It?The Fair.IH.qusing.Aln.endments Act-makes it illegal for Jul r` 2004 anyone to discriminate against you in the sale and rental of housing,.due 1. :Ider Law -- s m t w t f s _mployment Law to your"handicap." The Act also makes it illegal for housing providers to refuse you reasonable accommodations when those accommodations.are 1 2 3 :states & Wills necessaryto give you an equal opportunity to use and enjoy a dwelling. 4 5 6 Z 8 9 1-0 -amily Law 9 Y q pportuni J Y 9• The Act also prohibits anyone from interfering with you or coercing or 11 12 13 14 15 16 17 3eneral Resources intimidating you when you try to exercise or enjoy any of your rights iealth Care under the Act. 18 19 20 21 22 23 24 iousing - - _. -. 25 26 1 Z 29 30 31 :mmigration What is Its Purpose?Title VIII of the Civil Rights Act of 1968, known _icenses as the Fair Housing Act, barred discrimination in housing because of )risoners' Rights race, color, religion, sex, or national origin. The FHAA extends the Events at a Glance )ublic Benefits protections of that Act and the principle of equal housing opportunity to July 1 faxes people with disabilities. 15E_Crant-Deadlinie forts &Insurance Who Can Benert?A person who meets the Act's definition„of..a person July s �c "ro Se Divorce w.itha,"handica.p" and who is discriminated against with respect to a `^'_ ten s.. � '_-'r' �` "inic covered dwelling July 7 I. Your Legal Rights L CSH Eviction Defense Attor of the Dar Program Training 1 :OQ..- 1._30..Prn Video What Kinds of Housing Are Covered Under the Fair July 13 Housing Amendments Act? LgF Soanish Pro.,Se Divorce. Clinic The Fair Housing Amendment Act (Act) prohibits discrimination in the sale and rental of a °'drsa ," The Act does not apply to any housing July 15 CD that is not a "dwelling." Also, the Act does not apply to any housing that `�Sinatra.s_uT,. :E : osr, fits within one of several different "ex.emption.s," July 16 LC6H Web castaining: r The term "dwelling" means any building or structure, or any part of it, ;an fo,r-?-ansf;rr atign =. r 1-itical.Peyie'rY.,_3:,r o -.5:Gp. which is designed or intended as a residence or actually occupied as a 04 Video residence by one-or more families. The term also includes any vacant txv://www.illinoislep-alaid.orR,rindex.cfm?fuseaction--home.dsp content&contentlD=172 7/10/04 linois Legal Aid:Discrimination in the Sale,Rental and Use of Housing(Federal Law) Page 9 of 30 .In addition, even if a city issues a special use permit, the city may still violate the FHAA by imposing restrictions on the operation of the home that interfere with the ability of persons with disabilities to live there. Persons who reside in a group home may bring suit under the FHAA to challenge such restrictions. On the other hand., blanket waivers of zoning laws are not required. Local zoning authorities have some discretion to deny special use permits to persons with disabilities who are seeking housing. The interest of such persons must be balanced against the interests of municipalities, including the need to regulate traffic and population density. Restrictions On Group Living Arrangements Some persons with disabilities live in group homes or other types of congregate living arrangements. They are different from other homes in the community because they consist of persons with disabilities who are not related. A local government may try to restrict this type of living arrangement. It is legal to place reasonable limits on the maximum number of occupants permitted to occupy a dwelling. On the other.hand, the FHAA prohibits other kinds of land use restrictions on these group arrangements, where such restrictions are not imposed, on families or on groups of similar size. A restriction that focuses on the composition of households (i.e., what kinds of people are living in the home) cannot be applied in a discriminatory manner. Examples: (1)A law requiring that group homes get a special permit expressly singles out individuals with disabilities for special treatment. This can violate the FHAA. (2)A law that prohibits any new "family care home"from locating within 1000 feet of any existing family care home may be illegal discrimination, where it defines "family care home"as a facility where permanent care or professional supervision is present. (3)A village refused to allow a dwelling to be used as a "community integrated living arrangement"(CILA) because it required a change in zoning classification and a sprinkler system. Persons with a developmental disability won a suit brought under the FHAA because their request that the village waive the sprinkler requirements was a reasonable one. Discrimination in Loans and Other Residential Real Estate- Related Transactions The FHAA also prohibits discrimination by a business that engages in residential real estate-related transactions. The term "residential real estate-related transactions" tto://www_illinoislegalaid.orWndex.cfin?fuseaction=home.dsp content&contentM=172 7/10/04 B. Imposing Special Restrictions On Disability Related Services Also Violates Fair Housing Laws.' Congregate living arrangements often have on site managers that provide residents with disabilities assistance with activities of daily living. This assistance provides the necessary support that makes it possible for many individuals with disabilities to live independently in the community as opposed to residing in an institutional settling. , Many group homes for individuals with disabilities also provide supportive services to the residences..Support- ive services are those that are provided to residents of a housing development and that are based on the . individual's particular needs and circumstances. These services include,but are not limited to,counseling, vocational.training,case managernent,medical services,rehabilitative services,skills development,and recre- ational activities.These services may be essential for people with disabilities to live successfully in a congregate setting. Some local governments impose special restrictions on congregate living arrangements that have an on-site manager or provide supportive services to itsresidents.However,the same restrictions are not imposed on families who have full time babysitters for their children or,have tugs or physical therapists at their home on a regular basis.imposing additional rent,or restrictions on congregate living a ►gements that provide assistance or supportive services is illegal because it is based on the characteristics of the residents,that they are individuals with disabilities who need these additional aids.13 C- Congregate Living Arrangements Cannot Be Characterized As ABusiness Nor Regulated As Such. Some jurisdictions,contrary to fait'housing laws,impose business license requirements on group homes for people with disabilities.There is an all too common misperception that a group home is transformed into a business because the residents pay money to live at the home. Court have found that simply because operation of a home may entail some management functions,such activities do not change the essential character ofthe home from a residence to a"business"or"commercial"use. Maintaining records,fihgaccountingreports,managing,supervising,and providing care for individuals in exchange for monetary compensation are collateral to the prime purpose and function of a family housekeeping unit. Hence,these activities do not,in and of themselves,change the character of a residence fromprivate to commercial.14 Group homes for individuals with disabilities purposefully function like a family providing the emotional and psychological support that is necessary forthe residents to live successfully man independent setting within the community. This congregate living arrangement for people with disabilities,which is a residential use,does not transform to a business use simply because services are provided at the premises and the residents pay to live there. A single family home remains aresidential use despite the fact that a family employs personnel to maintain the premises or,the parents charge rent to a 21 year old daughter who works and lives at hone. Fair housing laws require that group homes for people with disabilities be treated the same as other similarly sized and situated residences. Jurisdictions are prohibited from singling out congregate living arrangements for people with disabilities and imposing restrictions on them that are not also imposed on other like residences for non-disabled persons.15 . Page 5 10 42 U.S.C.§3604(f)(3)(B). The Fair HousingAct creates an affirmative duty to provide reasonable accommodation in policies, practices and services when it may be necessary for people with disabilities to have equal opportunity to use and enjoy a - dwelling. "Bangerter v.Orem City Corporation,46 R3d 1491(10 Cir.1995).See also,discussion of reasonable accommodation,infra. . 12 United States v.V llage of Palatine,37 F.3d 1230(76 Cir.1994);Association for Advancement of the Mentally Handicapped, Inc.V.City of Elizabeth,876 F.Supp.614(DN J.1994);Stewart McKinney Foundation Inc.,v.Town Plan&Zone Comm'n of the Town of Fairfield,790 ESupp.1197(D.Conm 1992). 13 United States v.California Mobile Home Park Management Co.,29 F3d 1413(9b Cir.1994)(The Ninth Circuit found that fees having an unequal impact and imposed for permission to engage in protected conduct merit close scrutiny where a mobile home park sought to impose a parking fee for a home health care attendant necessary to assist a tenant with a disability.) 14 Rhodes V.Palmetto Pathway Homes,Inc.,400 S.E.2d 484(S.C.1991)citing Gregory v.State Dept.of Mental Health Retarda- tion and Hospitals and JT Hobby&Sons v Family Homes. 11 Stewart B.McKinney Foundation,Inc.V.Town Plan and Zoning Commission of Town of Fairfield,790 F.Supp.1197(D. Conn.1992); Oxford House,Inc.v.Township of Cherry Hill,799 F.Supp.450(D.N.J.1992). 16 See n.1. 17 Marbrunak,Inc.V.City of Stow,974 F.2d 43(6'Cir.1992);United States v..Schuylkill Township,1991 WL 117394(ED.Pa. 1990)reconsideration denied(ED.Pa.1991). "Seen.10. 19 Turning Point,Inc.v Caldwell,74 F.3d 941(91,Cir.1996). "A model reasonable accommodation procedure for local governments to include in their zoning ordinance for compliance with state and federal fair housing laws is available from Mental Health Advocacy Services,Inc.,1336 Wilshire Blvd.,Suite 102,LosAngeles;telephone(213)484-1628. Page 8 specifically for le with disabilities. Here,the local government must make a reason- oard . and b P�'P m Y has a room � able accommodation by waiving this specific siting restriction and permitting the room and board for people with disabilities to locate in a multi-family or single family residential zone.To enforce the restriction against the group home and fail to make reasonable accommodation violates fair housing laws. Technical assistance for jurisdictions on fair housing reasonable accommodation obligations and a model proce- dare for local zoning ordinances is available in a separate document m V. Conclusion. Tins discussion paper has identified a number of prevalent zoning practices that discriminate against congregate living arrangements for people with disabilities,either interitionally or in effect: Cities and counties may regulate by type of housing but may not restrict the development,siting and use of housing based on the personal charac- teristics of the residents,including that they are people with disabilities. Likewise,jurisdictions may not impose special restrictions because disability related services are provided to residents of congregate living arrange- meats.Additionally,congregate living arrangements for people with disabilities cannot be regulated as busi- nesses because the use is residential. Finally,jurisdictions that mistakenly categorize group homes for people with disabilities as room andboards,boarding housing or nursing homes will likely violate fair housing laws by imposing illegal restrictions on the development,siting or use of housing forpeople with disabilities. For additional information or assistance,please contact: Kim Savage Mental HealthAdvocacy Services,Inc. 1336 Wilshire Boulevard,Suite 102 Los Angeles,California 90017 Phone:(213)484-1628 Fax: (213)484-2907 'The report was part of the California Land Use and Zoning Campaign,a project made possible by the Department of Housing and Urban Development pursuant to a HUDlFHIP giant. Copies of the report are available from the Fair Housing Congress of Southern California,3600 Wilshire Blvd.,Suite 426,LosAngeles;telephone(213)365-7184 or fax(213)365-7187. Z Id.,Audit Findings and Discussion. 3 42 U.S.C.§3601 et seq. The Act protects an individual with a physical or mental impairment that substantially limits one or more major life activities;anyone who is-regarded_as Ihavmg such-an impairment or;anyone bo has a:record of having such an impairment. The Act also protects individuals in recovery from drug or alcohol abuse. However,individuals currently using illegal substances are not protected under.the law unless they have an independent disability. 42 U.S.C.§3602(h);24 C.ER§100.201. 4 H.R Rep.No.711,100�'Cong.,2d Sms.18(1988). 5 H.R Rep.No.711,1000 Cong.,2d Sess.24(1988). 6 Fair Housing and EmploymentAct,Cal.Govt.Code§12900 et seq. Stats.1993 ch.1277,§18• s Oxford House-C v City of St Louis,843 F.Supp.1556(E.D.Mo.1994);Potomac Group Home Corp.v.Montgomery County, 823 F.Supp.1285(D:Md.1993).- — _, -- --,,.. . :, - -._,._ Metropolitan Housing Development Corp.V.Village ofArlington Heights,558 F.2d 1283(7'Cir.1977);Martin V.Constance, 843 F.Supp.1321(E.D.Mo.1994). Page 7. D. Regulation of Congregate LivingArrangements By Default Will Likely Run Afoul of Fair Housing Laws. The California Land Use and Zoning Campaign Report found that many cities and counties that did not address congregate living arrangements in their zoning ordnance mistakenly categorized this residential use with some other type of living arrangement and unlawfully denied housing opportunities to people with disabilities.16 The most common practice reported was to treat a group home for people with disabilities like a room and.bgard, boarding house or,nursing home. This practice violates fair housing laws because it imposes illegal restrictions on the development,siting and operation of group homes for people with disabilities and,consequently,denies housing opportunities. For example,in most jurisdictions,boarding and lodging houses offer temporary residency and,as such,are restricted to multi-family or commercial districts.Room and boards offer a similar temporary housing option for individuals and,are also usually restricted to multi-family or commercial zones. When a city or county applies these same sitingrestrictions to congregate living arrangemerits for people with disabilities it denies housing in compatible residential zones,to those protected by fair housing laws. opportunities,often The effect of categorizing group homes for individuals with disabilities as nursing homes or hospitals,another practice reported by The California Land Use and Zoning Campaign Report,is that institutions are strictly. regulated in most city and county codes. These uses require a conditional use permit for development and generally are restricted in siting to hospital or commercial zones.A conditional use permit approval process should not be required forthe development,siting oruse of congregate living arrangements forpeople with disabilities when the same is not imposed on families similarly sized and situated." And,a commercial or hospital zone is not the appropriate setting for a group home for individuals with disabilities that functions as a fanv Cities and counties in their zoning policies,practices and procedures must not erroneously classify congregate living arrangements forpeople with disabilities as any other use that results in restricting housing opportunities for people with disabilities and denying fair housing law protections. IV. Reasonable Accommodation Must Be Provided Where Zoning Regulations Have an Adverse Impact or Discriminatory Effect on Housing For People With Disabilities. The Fair Housing Act reasonable accommodation provisions.offer cities and counties a means of addressing on a case by case basis the fair housing considerations that often arise in the application of land use and zoning regulations to congregate living arrangements for people with disabilities.Under fair housing laws,cities and counties have an affirmative duty to make reasonable accommodations in rules,poh'cies and practices when it is. necessary to afford the person equal opportunity in housing." While the Act intends that all people have equal access to housing,the law also recognizes that people with disabilities may need extra tools to achieve that equality In the land use and zoning context,reasonable accommodation means providing people with disabili- ties or developers of housing for people with disabilities,flexibility in land use and zoning regulations and proce- dures,or waiver of certain requirements when it is necessary to achieve equal access to housing." As explained earlier,reasonable accommodation is an appropriate remedy where a zoning provision has a discriminatory effect. However,reasonable won will not care a provision that is discriminatory on its face or,intentionally discriminatory. Reasonable accommodation is appropriate and necessary where,for example,a local government restricts room and boards to mixed use or commercial zones but the jurisdiction Page 6 ,1 �S ' AUG. 1F, 2i,46 �,46,riM, IND, 145 r 2 L_ CT structures ased or to be used by a public service corporation are located r; more than one municipality such lands or strictures may be exempted n -,f No zoning orclIr Of �Ia Particular respects from the operation of any zoning ordinance or by ia�v stgatiorl upon petition of the corporation, the department of tlecornmunieations and e co Lectxon of s energy shall after notice to all affected communities and public hearing in one ``1e `'Safety or we i•,:t•. of said municipalities, detern-Ane the exemptiocls required and find that t l' :r. Ale zonizzg arditt resent or p he ,zx,%:,,.p proposed use of the land or structure is reasonably necessary for the �� aneerzna structure '�j''.4' convenience or wel are of the public. _"' diII=ces and b) No zonin ordinance or "g bylaw in an city or town shall prohibit, or re such antenna sm s ecial y Y P permit for, the use of land or structures, or the expansion of existing$ �`','Provided, however t,; structures, for the nizn ;,,,? sufficient height of p ary accessory or incidental purpose of operating - a child amateur radio con care facility, provided, however, that such land or structures may be subject to d constitute the ? reasonable r egulations concerning the bulk and height of structures and deter- `&' '" ' bT mining yard sixes, lot area, setbacks, open space, Parkin- age requirements. As used in this paragraph, the term child care £acili cover- 4 ° Added 19 5i. c 637,c. ,� 9 5 e !'; shall mean a day care center or a school age child c �' �',' 1, S g are program, are defamed in section nine of c p € am, as those tertrzs i` St.]989,c.590; St.]. chapter twenty-eight A. ,�' 276, 1, 2; St.199 Notwithstanding anding any, general or special law to the and health and safe la contrary, local lard use of tY laws, regulations, practices, ordinances b Iaw t`4 decisions ty or town shall not discriminate a 3 sand `• St 1977,c. 960,apprc against a disabled person. `'r`;'' ed the fourth(now sever : Ym ositfon of health and safetv� ws or Iar,d_use rem ' u. ents ort c arnono- n e ate $t.1982,c.40. appmL im osed on families and ab lines a not fnstparasrapa,in the floriculture, or vitic --....,. arsons shall lure" in tbsee places, c The provisions of-this paragraph shall apply to every prohibit or unx comity or town, including, but not Ifrnited to the city of Boston gird the city of oe3 xxa y i-nciuding those faciiit Cambridge. duce,and wine and dal ,I majoriuy, of such prodi Family day care home and large family day care home, as those terms are produced by the owner defined in section nine of chapter twenty-eight A, shall be an allowable use 1 sL 983,c.ci�ry is a9laa rot unless a city or town prohibits or specificall • regulates pp ' ordinances or by-laws. such use in its zorrizlg the fifth(now eighth)pa st.1985, c. 637, § 2, : No provision of a zor.-�ing ordinance or by-law shall be valid which sets.a art added:he ninth 1: apr� dlstricts by any boundary line which may be changed without adoption of an St-19he c, d(n appr sorted the third(now 5f arnendrnent to the zoning ordinance or by-law. st.989, c. 106, § i sened The third(now No zoning ordinance or by-law shall prohibit the owner and occupier of a St.1989, c. 341, § 1 residence which has been destroyed by fire or other natural holocaust from approved Aug. 15, 19 Placing a manufactured home on the site of such residence and residing in such fost n) Paragraph, apart home for a period not to exceed twelve months while the residence is being Lu paragraph,in the F rebuilt. Any such manufactured home shall be subject to the provisions of the or require a special state sanitary code. pansion,' for "th: axp. during the montrs at . No dimensional lot requirerieiA of a zoning ordinance or by-law, including .September of every ye, but not limited to, set back, font yard, side yard, rear b products for saie, base shall apply to handicapped access ramps on Private Property and open space &-achdo�a s or products sale", purpose of facilitating ingress or egress of a physically handicapped persons, as St.1940, C. 521, § Z. defined in section thirteen A of chapter twenty-two, inserted the third paraa 10 Section 9 Qf st.1990, i AU6 15. 2(i06 3:47PM NO, 545 P, 3 LAFRANCE HOUSE HOUSEHOLD RULES OCCUPANCY AGREEMENT LaFrance House at 132 i. rance Avenue,Hyannis,Massachusetts is aCommunity Integrated Living Arrangement as defined by the Fair Housing Act of 1989,also called Congregate Living Arrangement by this law and Massachusetts General Laws Chapter 40 Section 3. Residents are considered members of a household as if they were related family members.As a household mmber,misbehavior cansiug tluvwlto the health or well being of the others members of the household can result iu a MOL.209A restraining order and immediate vacancy from the Congregate Living Arrangement. l ,the undersigned, is a Household Member of 132 Lafrance Avenue,Hyannis,161assachuse'tts 02601,and agrees to use said premises as temporazy acccommodatiou SO LONG AS MMUSER REMAINS Al3STLNENT FROM DRUGS AND ALCOHOL AND DOES iv TOT CAUSE OR ALLOW ANY PERSON�O REMAIN ON THE PREMISES WHO IS NVJV ABSTINENT. 2. Household Member will abide by any and all visiting privileges.LAFRANCE HOUSE RESERVES ' THE RIGHT to revoke the visiting privileges of any person or persons deemed to be inappropriate to the health,well being,safety ofpessons occupying the premises or iujurious to the mission of 1a3France House. 3. Member will vacate the premises if he uses alcohol and/or odw drugs and WILL NOT RETURN L-_N=GIVEN PERMISSION BY RAY RICHARD OR HIS AUTHORIZED OPRESENTATWE. 4. Resideut will leave the premises when in the opinion of Ray Richard or bis designee the Household Member constitutes a detriment to tl"ie well being of other residents. 5. All Household Members will remain cu=ut on residential:Fees. Any delinquency may result in a demand to Vacate the facility. b. Member agrees to submit to random urine testing and will submit a sawple if requested by Mr.Richard or his designee. 7_ Household member is not a tenant and waives any rights of tewncy at will for extended occupancy. 8. Member agrees not to smoke anywhere it the dwelling. 9. Household member agrees not to bzmg an unregistered vehicle onto the premises. 10.Member agrees to submit a two-week seewity deposit prior to occupancy, 11.Members shall attend a counseling session of their choice and at least three 12.-step meetings weekly. LaFrance House may offer to facilitate 3 group counseling session at 132 LafY=ce Avenue upon request of household members by a licensed alcoholism or drug muoselor. Household member RAY RICHARD OR DESIGNEE, LAFRA<NCE ROUSE DATE FUG, 15. 2006 3:47PM ND, 545 P. � .. f HOUSE RULES � CLEANING: *Rooms -Keep rooms picked-up and clean at all times. -I reserve the right to open all rooms to inspect for cleanliness and general respect for my home. I will not enter the rooms. *Bathrooms ' - per week. Ongoing cleaning is expected Will be thoroughly cleaned once to occur by,giants using facxlz:.es most. If more cleaning'is needed: a service will be provided for an Additional Fee, *Kitchen -Dishes need to cleaned upon use and replaced into cabinets -.Wipe up all spills and drips. -Clean, sink.,oven, stove top, counters and floor,frequently. - Clean refrigemtor at least once each month. - Garbage- must be set outside and barrels returned to house the same day. $$There will be a$5.00 charge to people who forget their trash duty. **Some type of duty roster could ensure these items are done regularly. RENT: - ALL rents are Due on Fridays to Me,personally. Z am your primary bill unless alternate arrangements have been discussed in advance of due date. VISITORS: - See me in advanced for visitor requests. Who, how long, etc. No overnight visitors without my consent. PARKING: - Cars should be IN the driveway or next door in driveway. _Parking on street is limited to 5 minutes only. You are responsible for asking visitors to move cars out-of the street. BEHAVIOR and IN'DIVIDUAJ.CONCERNS: *No Tobacco chewing ANYV rkMRla on the property. *No Smoldrig inside house. Outside in designated areas only. Dispose of butts properly. . *No washer or dryer use after 10.00 pm without other tenants permission. Violators will lose washer dryer priveledges. `Sexual relations between tenants are strictly forbidden_ Report immediately.with roe- *Tenants who are on Probation roust file Name and contact number of officer *HEAT: if you need to open windows for air,be sure thermostat is off.. .Air Ccnditioners: Trust be approved by me for usage. .additional charge of S 15.00 per week for 5,000 BTU's Larger units will be charged accordingly. *Negative, inappropriate behavior and "bad days" GO to YOUR ROOM. Continued negativity, aggressive language, or any violence will lead to eviction. *Show respect to me and al other tenants at all times. Tenant Date Ray Richard Date Z 203 -500 441 US Postal Se;vice Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail 6See reverse Sent to r Stregt�Num Postpffice,State, ZIP C Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered n Return Receipt Showing to Whom, < Date,&Addressee's Address q 10 TOTAL Postage&Fees $ ch Postmark or Date 0 LL CL i Stick postage stamps to article to cover First-Class postage,certified mall fee,and charges for any selected optional services(See front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the Q) return address of the article,date,detach,and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address rn on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the O O addressee,endorse RESTRICTED DELIVERY on the front of the article. c o 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. ti 6. Save this receipt and present it if you make an inquiry. 1 o25s5-s7-e-oi 45 a °F INE ram, The Town of Barnstable sniuvsrne[.E, M6 S. � Department of Health Safety and Environmental Services prED MA'S A Building Division 367 Main Street,Hyannis MA.02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner" Certified Mail #Z 203 500 441 March 8, 2000 Mr. Ray Richards t 132 LaFrance Ave Hyannis MA 02601 Dear Mr. Richards: It is with regret that I must write and inform you that Mr. Richard Bisson's Electrician License has been suspended by the Commonwealth of Massachusetts for the period beginning 5/17/99 through 5/17/2001. This is in violation of the State Electrical Code. Therefore,Wiring Permit#44326 has been invalidated. Enclosed for your information is a copy of the notice sent to Mr. Bisson. Since it would be inappropriate to post a payment toward a permit which has been invalidated, I am enclosing herewith your check(#2223) which you recently submitted to cover the fee for a service upgrade. Since your previous check in the amount of$30(the fee to wire the addition)has already been posted, you may either request a refund in writing and include a copy of both sides of your canceled check or accept a credit toward a future wiring permit. Please let me know which option you intend to pursue. Because I am required by the State of Massachusetts to verify that you have been notified, I am sending this notice by Certified Mail. Thank you for your cooperation. If you have any questions or need additional information, please do not hesitate to contact me. Sincerely i� Robert Weston WIRING INSPECTOR Enclosures,. /kl . q:building:wire:000308a I ,own AT-No Iout AN"$inowN VON, W I610A 10 401 cold !W Onto....................142 one,TO On,spout q"W" bog -00 IIAT ils MA via �10 A lip 1 041TA too"" Ito,f\A A KA, IAN Loy n Pik softly! ova I-not 0 P I fog oil II �Vi cool fJ9 A-D SY �A n 77-MCI Von, By;Spin y The n121