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0278 MAIN STREET (HYANNIS)
f e k � J i Town of Barnstable , Building �,. f %' A'�rovecls�7 lar --Must ae°'Retain.ed on,iob a�' this Irarcl Must';be Post This Card o ThatMrt isUis�b(e� nlrLthe Stre+ pp s� y p PosteUntil Final�nsp ctin Has I3'een iVlacle s ¢ _ sh11 Not be.CJccu red until aFr i iWIP ris;ect�d as,been:.made ..�; �r It Where a Ietificate of Occupa /is Rc�u�red, ii ch I;uiltl�, s.., p p ., .. Permit NO. B-17-1149 Applicant Name: ANTONIO DEPALMA Approvals K Date Issued: 06/16/2017 Current Use: Structure Permit Type: Building-Addition/Alteration-Commercial Expiration Date: 12/16/2017 Foundation: Location: 278 MAIN STREET(HYANNIS), HYANNIS Map/Lot. 327 099 Zoning District: HVB Sheathing: �� g Owner on Record: MJA REALTY LLC Contractor Name: ANTONIO DEPALMA Framing: 1 Address:' 592 PLEASANT ST P ractor Dense CS-095777 2 Cont NORWOOD,MA 02062 Et,ProJect Cost: $500.00 Chimney: � � Description: To Install gate in from enterence way.To be used only when "bay Permit Fee: $ 160.00 Insulation: bridge" is closed.to avoid people loitering,and f6f health seasons. Fee Paid.: $160.00 Final: Project Review Req: To Install gate in from enterence way.To be bused only when Date 6/16/2017 "bay bridge" is closed.to avoid people IoItering,and forheaI h - - - reasons. v -- Plumbing/Gas Rough Plumbing u h Building Official Final Plumbing: This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within sixftmvnths afterkissuance. All work authorized by this permit shall conform to the approved appl catiari antl the approved construction documents for whch this permit has been granted. Rough Gas: All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by laws and codes. Final Gas: This permit shall be displayed in a location clearly visible from access street" and shall be maintained open for public mspection for the entire duration of the work until the completion of the same. �- Electrical 2 The Certificate of Occupancy will not be issued until all applicable signatures bythe Building and,Fire Officials are provided on this`permit. Service: Minimum of Five Call Inspections Required for All Construction Work: aAl 1.Foundation or Footing Rough: 2.Sheathing Inspection "'A - • 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Final: 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection 5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough: 6.Insulation 7.Final Inspection before Occupancy Low Voltage Final: Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health Work shall not proceed until the Inspector has approved the various stages of construction. Final: "Persons contracting with.unregistered.contractors'do,not:.h.ave access to.the guaranty fund" (as set forthiin MGL c.142A). Fire Department Building plans are to be available on site Final: All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT ram' • ! t TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Mappp � Parcel Application # I Health Division Date Issued xh7 Conservation Division Application Fee Planning Dept. Permit Fee W -0 6 Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation/ Hyannis C�M Pe1-L S OP/T Project Street Address 1--7 a ( Al S j 4- Village Owner _ �'� ln1 r� LL ddress 57 %09 .O?d &eclkt (_Telephone 6/2 qQ 3 / Permit Request - p 1 3 lJ cam' -e j .. r/"�,P .��Ape e e, y 4 �� 5 Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation C69 C2A" 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 Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No 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 ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# OA- 1� Current Use Proposed Uses. IA. - --APPLICANT INFORMATION (BUILDER OR HOMEOWNER) l �o l � {�-� Name 0 �� � ��. / c-.. elephone Number Address (�' iRg^ M L-�, License# 0 9 5-7 7 �klome Improvement Contractor# Email A if P/' - H A T� !� �d'� Worker's Compensation # y 24) ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO Al 0y� IGNATURE DATE 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 GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. �'Ir�Canzu�-airr�ea/i1t�,�f. ssr�r.l't�dts . epar( meat ofz-a-MS-In-d A ccideTdg ' 600 l aslauzean gfreeet —-- Bastm,MA 02111E tt��vturrrcu�.�av�rfin ' - ers' Campensaficuninsurnce Af Edzvib B.m'lder-JCi:miracfursMecbic%aaslPhi�nbers Applkaxd Tnfarmathu Please Print 3Ig$ �cmRec rri�a4i�FFnrT" ' aT /` A )M 0 � C 061 /' L l /I Address: 2 ✓ Y1 iLq 3 9 Aregauancmployer?Gfpecktheappro-p iafeba= Type ofproject(req-Ired)': L❑ I mn a employes viiik . ' 4. ❑I am a general conrxackm and I employees(fall sndfor gam-lime. * havelvredlfiesub-confm �s 6- ❑Nessroansfi�dira� I am a sole pro�etcw orpartaw lisfed oathe aftarfied sheet 7. ❑Remodeling slip and have no employees. These sus-ccn(rac-tors have S. ❑Demolaian waddng for me-many Mfg employeez andhave Woriren, c ksaranc l 9. []Built a3xiifion -R'�lQ w6t�[3'['Afflp.rnati�nre �- regn red_] We are a corporatism and ifs 16-❑]lexical repairs or a dcl�tsous 3.Dlam.ahomeovmtr doing all work oficesshraveesercisedf nk 1LOPinmbingrepaimoradcRHom ' rr y__�iE LNo warfr=7 - fight of em=ppfiou per f aIGL L_[]Roof repaim imp ere�;*pd..ji I aadwe have no, employees.[hl'owovrss' L3_❑f?tTier cow-i mcance require] 'Amy apgffaoatGst cbar1sTzoz R— emmf!=poTsyinff=txdvtL #HnIDEORT4SYuffO SII�dris�2CII]Il�t�P they s���4 aIE�c�3c sue.tbeal�xe o-ntsidecr�+cm�smast submit anew x�dzeit india�ino s�cb_ . fCas�t-first'Fs�el�cYiigsbmcnkust�ed�suaLdiSneslsIxenfsliasrnsgthea�vEtb2sab-cs�el.st�ewhetfiesarnvttEinsaeatitirshi� emPIo34es.I€thesvirCaatadosbne emg1o7e22%&e3'mvstgmvi3e-the's u v6EEW Comp.PORU n m bm lam arm errip7 r ffct�ispraucducg tvorl ors'eaa car rt i�rsrlraacs yr m}J�rrpfaJsees $eTn�9 is if[e�pa cy rrrrd jala s iafarmefion . Tasman ce CompanyName: ?0& 4 or Self-sns.I.ic. 7 bpi iBuI?afe: Job Tifa A.d&:esr < K A !Al Attach a copy ofthe ivarkere comipeusafianpoRcy dec.Farafian page(showing the policy number and esyirafion date). Faihn a to secom coverage as require4under Section 25A.of MGL m L57 can lead to the imposition of criminal penalises of a e ap $L, U(k t7U sad�ar ane-yearimpxisogmeui�as w en as civil peasl�ies m the fb=of a STOP WORK ORDER.and mime of up to$25 Da a clap agpinst the violafnr. $e.adisised Brat a copy of thus swement maybe forwarded fa fh e Office of hfaveWgatiom of9m DL4 for imm=ce coverage-veEiffca icM_ Ida hemp ca# ,ujt&r this pains andpenizWks of Fediuy thatf ze burs arid carrect �►ont,,,R- �BiVi ce 'L@� /Oaks ' �i( ' Z 0 •Pbnae i� - - ����r amid use an Ty. Da not wrke in tIds 4mxeq,fa be artripf Od 5g city artolm rr,grtrat City or T'awm: _ l"er ;flT;rerxxse rnuhag Aflorhy(Circle ones: L Board of$eai& t B-u€I3mg Department 3.cdyiruwn.amk 4.Ekc*:c:a)hmpectur s.Pkmhmi g lzamfar b.Other Cam act Fersom #- 7 C-=:ral LEws 152 rem all=3PIoy=t3 PvMj&w '=Mp=satan ff - gnrsaant�the sty,an.=17Ioym is deed as- _eveayp=onm.hie seavioc of a10thrr and r mly of h'rc�' =q3m=ar imps cn.1 or wi3r=." . arm assoc sffLn,anpmaffon or other legal=A3iy,or my two or more �a anpTay�is dcfined as�aa mdividnal,P �-�_ des of a deceased emplDy�,m the of the foregoing=g ged m a3omt e�rp isc,�I mclruimg$�legal des Ing �y� Ho gr r 9zn receiver or trustee of an�Pam=associaficm or aihesIegal may,�� owner ofa �gbonsebavmgnotmomtT m-ffi •ee aparfineois anawho residesf1=TC,or the occ�off ie- dwcmag house of another-who employs pe 30M to cIo maw,��on Cr repair� Dik-on such dweffmg house thereto shallnDtbeCM=of sucli�ploymZnfbe d edtn bean employez." • or on the gra�d.9 or bni7dmg • MGL chapter 152,§25CC6)also sites ¢every sty or localRcenusmff ageb.cy Shan Wifbhold ffieiss�ab ar rraewaI of a Icease or permit fo operate a litzsmess or to cox<sfr¢ct bmZ�ngs in tine coannonvfeaith for my aPP&ranf.wlio has no-tprodncra acceptable evide-.ice of compTiab ce vTith t� fits oEffCal s Tiy 25 sfates¢ldeifbrr fbe nor gay ofits poTifical sobcsions shaIL AdrliduuaIIy,MCiL chap ISL,§ the m- sm-aa=. 'o M33tII table evidence of comp Iianceith eTi�r mffi any conftaetfnrthepM ,Ce ofpabh vTo� a� 'r es ofthis c�apte�bateBeen pzeseotedtD tbD oo-* rt�,�anjiiouty:' AgPi?cz'rEs Please fa Dist Elie Worms=comp=&AiDn affidavit completely,by ehe cki g die boxes$at apply to your srtnaiion s)name(s),addresssCes)andphtmeMm3ber(s)along With-thcir=tifr�s)of necessary,.supply i„c,nance_ IIP)wihno �IDyee ofier than the L=EndLiablityCampmnesLLC)orLmitndLisbltyp s.L meEbhras or parlous,are not required to caay wo±c&compe nsafion ms�n-ance- If an LT.0 or LLP does have To ces a oli is Be advisedthatthis a$daYRmaybe snbmi�tito t ieDepa.-tnent of Tndust�� onld • �-�- y , P CY - - Also Tie sm-e to cad da•L�#_he affidaYit 'Ibe affda=Tit - Aceidenis for-rronf�rmatinn ofinsa=CC cDv n aot$e D arfine�E of e returned to e city or tovsfnihat the app&r ion for fhm perm or license is be ing regIIest� eP s, b t D obtem a Wo Ldn*staal2sci��, �Idyou have any questions rega�g the law or ifyo�are requited aeries should cater their compcnsaicaLpoRey,Please call the Depar[meut atthennmberlistedbc;ID �e1f m� � . self-i asum ce lic©se,rmmber on the appropzlain a=City or Tow m 0jada1s Ieta�d Iegtlily. The:Depa:rbn�thas pro4idcd a space at the boti Please be sr�e the the a d is P has to aonfaCtyon g the applicant. oftlie affida,�for youto fill out inthe eveutthe Office ofIuve ig d PleasebeM=-ctnftIlmthepe�ii-1 r's"MMbezvzhuhW�Ibc�ede na f�lySa�a addition, icaingCnt Ie CM3WHCGtccense cations m aay gm=7 one affidav>t indi caimg��t that most submit multiple;p �P� policy mfornaiion.(ifn )and undra`mob on k��'the applird�3t chould�¢aII Iocati�'ns in _ ed or�dbyA=ci[y crtnv?nmay be pmvidbdt3 fhD town)"A copy ofthe•affidavitthathas bce=officiEny stamp applicant as proof that a valid affidavit is ou fie for fin pemjts or fic=sc& A new affida&mu-st be f[Ie�ont eiar�� altcease or e�itnotrelairdto,anybasin=or wmmescialv�� year.There ahome owner or citizen is ob icing p IetE this affidavit Cie.a dog Hcense'orp® nm. it to bIe ayes e�-)said am P °is NC)T requiedto aom-P The Office oflnVM—F s=WDUUlTketo thank youin.affTMce for your coopczzEam nd60*1 you hav'Dmygmsficns, please do not heshalz to give tm a call The.Dcp atIIM=f s adds,telephone and fax n=ber: DqaLimmt of irk AMUMt- fin IR t sYA 02111 Fag 617 727 7m Reviscd4-24-07. �ae � f r �IHE TOWa of Barnstable Regulatory Services ` Richard V.Scali,Director. se3a ��� •. Building Division Paul Roma,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.ns Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Seetion x If Using;A Builder I, ,4 f�`. 11 _ .4,1 A- 1, , as Owner of the roect subject l P Pert7 hereby authorize "�"�.,.` � �z. to act on my behalf, in all matters relative to work authorized by this building permit application for. 7� (Address of Job) **Pool fences and alarms are the responsibility of the applicant Pools are not to be filled or utilized before fence is installed and all final inspections ate:perfomaed and accepted. Signature of er Signature of Applicant Print Name Print Name �( Date Q:FORMS:OVa4ERPERMISSI0NP00LS r� s Mass achusetts.Dcpartment of Public Safety d r5rvaq "r d of lff.indlpg ke'gulations and 3tanda ds -License: CS-095777 J <,�Con'struction Supervisor" ANTONIO DEPALMA 3 DAVID ROAD RANDOLPH MA 02368; i Expiration: Commissioner 03/21/2018 Y S j✓i�('f i 0 r 1 l_ 1 )—nA LA L r NO LocKEMC-1HA(I,WMP to �U i% R T- hp [�i ► c- 06 'tC 04/19/2017 23:48 7813371171 FINNERTY INSURANCE PAGE 01/01 JOB CERTIFICATE OF LIABILITY INSURANCE DATE4r2012017 Y) 04/20/2017 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGH'I a UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: K the csrIIllCatB holder 1%An ADDITIONAL INSURED,the polloy(les)must have ADDITIONAL INSURED provisions c,r be endorsed. If SUBROGATION IS WAIVED,subject to the terms and corsdfdonu of the policy,eer aln policies may require an undorsemerif. A statement en those eardficate does not confer rights to 1he eertifl xte holder In Ifeu of such andorsement(s). „ PRODUCER cONTAC _NAME_:__ PHONE 337.1309 q� 781)337-1171 . Finnerty Insurance Agency (781� 1. ..!!p)� 1598 Main Street ,pDpR gg. bdan@finnart!rinaurance.com Weymouth,MA 02190 WSURER(8I AMROING COVERAGE NAIL 0 Phone (781)337-1009 Fax (781)337-1171 INSURER A: PROVIDENCE MUTUAL INSUREDINSURER e: TRAVELER: INSURANCE Anthony Depalma INSURERC; 3 David Road _INSURERS: INSURER E: Randolph MA 02368! 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. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER 0OCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA.IMS_ INSR ADD POLICY&F POLIp CPS_ LIMITS LTR TYPE OF INSURANCE taplp POLICY NUMDER MN1DD TyYY� COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000.00 CLAIMS-MADE R OCCUR DAMAGE TO RENTED $ SO,000.00 18ES(Ee aucumnn�s A a BOP 0076253 01/1412017 01/14.2018 MED W(Any am person) $ 5,000.00 PERSONAL&ADV INJURY S 1,000,000.00 GEML AGGREGATE ppLIMIT APPLIES PER; GENERAL AGGREGATE S 2.000.000.00 El POLICY ElJECT ❑ LOC PRODUCTS-cOMPIOP AGG $ 2,000,000.00 OTHER .�_..., $ AU'ONOBlLe LIABILRY , COMBINED SINGLE LIMIT $ (Ea aoddenl) ❑ ANY AUTO BODILY INJURY(Per perum) $ F OWNED SCHEDULED AUT03 ONLY AUTOS BODILY INJURY(Per accident) S ❑ HIRED NON-OWNED MA E $ ❑ AUTOS;ONLY ❑ AUTOS ONLY ^^ S ❑ UMBRE LA LIAR ❑OCCUR EACH OCCURRENCE $ ❑ EXCM- L" ❑CLAIMS-MADE AGGREGATE $ ❑ DED ❑ RETENTION $ WORKERS COMPENSATION ny� ❑ AND EMPLOYERS'LIABILITY YIN ANY PROPRiETOR1PARTNERIEXEC E,L EACH ACCIDENT $ 100,000.00 B OFRCERIMEMI)ER EXCLUDED MIA SHUB-OG26114-4-16 08119/2016 08J191;Z017 (Mnndntary In NH) EL DISEASE-EA EMPLOYEE $ 100,000.00 If yea deeellbe ender E.L.DISEASE-POLICY LIMIT $ 500,000.00 DESCRIPTION OF OPERATIONS bolaw DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Atboh ACORD 101,Addltlonnl Rrmmkn Schedule,It mom Ape In mtf.11ntd) CERTIFICATE HOLDER ^� ._..._ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TOWN OF BARNSTA13LE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN BUILDING DEPARTMENT ACCORDANCE WITH THE POLICY PROVISIONS. 200 MAIN STREET AUTHORIZED REPRESENTATIVE --_ HYANNIS MA 02601 �d6va&dam FAX#508-788-9859 00��" 01911IM015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103)4F The ACORD name and logo are registered marks of ACORD Town ®f Barnstable '4 oFswE TOE' Regulatory Services Richard V.ScaIi,Director MRNSTABLE, * BUILDING Building DivisionDEPT Tom Perry Building Commissioner .200 Main Street, Hyannis,MA 02601 APR 2 5 2016 wwwaown.barnstable.ma.us. -OWNOF BARNSi'ggL E Office: 508-862-4038 Fax: 508-790-6230 C®MPLAINTIN UIRY REP Date: /-, of _/� I2ec1d by �. : Complaint Dame: Map/Parcel Location � Address: ( �U Originator blame: Street: w Village: State: 16fA Zip: oA601 Telephone:6:6 V-310 791 G SD$= - 4/-Z 3 y Complaint Description: Ap r r FOR OFFICE USE ONLY Inspector's Action/Comments Date: Inspector: Additional Info.Attached Q:forms:complaint Revised 040414 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map ® � Parcel 0 � 4p�tL�ation—# Health Division 6 Qt� 3. 57 Date Issued 1 ci� V1 Z Conservation Division Application Fee 9 p .Gh r Planning Dept. � Permit Fee Date Definitive Plan Approved by Planning Boar81V15 10 I Historic -_OKH Preservation / Hyannis Lk y*1JI5, oll 02 Project Street Addre s Village O�ner c w Address 'Te / 1. LV/ lephone + P Permit Request Ir I Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Typ � r Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No 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 ❑ 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 (BUI-L-DER OR HOMEOWNER) ?� !�v, — 'Name g4��2" o'12,e Telephone Number Address IS a Al / License # rpn Home Improvement Contractor# Worker's Compensation # eK.5!w�,�5�Q/o�O�� ALL CONSTR TION DEBRIS RESULTING FROM T PROJECT WILL BE TAKEN TO 4 r DATE SIGNATURE �-- �_f " FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED i MAP/PARCELNO. t ADDRESS VILLAGE OWNER t - s j DATE QF_•INSPECTION: FOUNRATION' FRAME INSULATION" FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL c GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT f ASSOCIATION PLAN NO. r i r L l The Commonwealth of Massachusetts ' Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers A licanflnformation P ase Print Le 'bl .! Name � mess/Organization/Individual): �� /Zl4w Address:t City/State ��►/�� �®�. Phone#: Are yo n employer? Check t e ropnate box: Type of project(required): 1. am a employer with 4. ❑ 1 am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have 8. ❑Demolition working for me in any capacity. employees and have workers' [No workers'comp.insurance comp, insurance.1 9. ❑Building addition required.] 5. ❑ We are a corporation and its 10.0 Electrical repairs or additions 3.❑ 1 am a homeowner doing all work officers have exercised their 11.0 Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑ Roof repairs insurance required.]t c. 152, §1(4),and we have no employees. [No workers'. 13.❑ Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $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 Insurance Company Name: 10✓ O ro�rW Policy#or Self-ins.Lie.# 0 — �] 0 xpiration Date: — n Job Site Address: o !�< ,// City/State/Zip: y7 f Attach a copy of the worl9s, compensation policy declaration page(showing the policy numbe 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 wel civil pe hies in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the viol�q ; vi at a of this statement may be forwarded to the Office of Investigations of the DIA for insur I do ,hereby certi under es ofperj th a information provided above is true nd cor ct Si///aturre: Date: ® 4Pho #: fffcial use y. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: NOTICE NOTICE TO TO EMPLOYEES EMPLOYEES The. Comm nWealth - of Massachusetts . DEPARTMENT OF INDUSTRIAL ACCIDENTS 600 Washington Street, Boston, Massachusetts 02111 617-727-4900 As required by Massachusetts General Law, Chapter 152, Sections 21, 22 &30, this will give you notice that I(we)have provided for payment to our injured employees under the above mentioned chapter by insuring with: ASSOCIATED EMPLOYERS INSURANCE COMPANY NAME OF INSURANCE COMPANY 54 THIRD AVENUE, P.O. BOX 4070, BURLINGTON, MA 01803-0970 ADDRESS OF INSURANCE COMPANY WCC 5009725012012 01/05/2012 - 01/05/2013 POLICY NUMBER EFFECTIVE DATES 359 Main Street Cowan Insurance Agency Inc Haverhill, MA 01830 (978)372-1451 NAME OF INSURANCE AGENT ADDRESS PHONE 3 Cabot Place All In One Restoration LLC Suite 2 Stoughton, MA 02072 EMPLOYER ADDRESS 06/21/2012 EMPLOYER'S WORKERS_ COMPENSATION OFFICER(IF ANY)M DATE MEDICAL TREATMENT The above named insurer is required in cases of personal injuries arising out of and in the course of employment to furnish adequate and reasonable hospital and medical services in accordance with the provisions of the Workers Compensation Act. A copy of the First Report of Injury must be given to the injured employee. The employee may select his or her own physician. The reasonable cost of the services provided by the treating physician will be paid by the insurer,if the treatment is necessary and reasonably connected to the work related injury. In cases requiring hospital attention,employees are hereby notified that the insurer has arranged for such attention at the NEAREST AND BEST MEDICAL FACILITY NAME OF HOSPITAL ADDRESS TO PE POST-971"M BY EMPLOV. FIR r M.-issachusetts-Department of Public Safety Board of Buildin-Re�gul:itions and Standard. Conn ruction Supervisor License License: CS 87153 JAMES W CHURCH JR 72 POND ST SO WEYMOUTH, MA 02190 Expiration: 2/2312013 ('omeci��ie°rr T r=: 9876 i i I �A Office of Consumer Affairs and Business Regulation 10 Park Plaza- Suite 5170 Boston, Massachusetts 02116 Home Improvement Contractor Registration Registration: 164906 Type: DBA Expiration: 11/30/2013 Tr# 219051 ALL IN ONE RESTORATION JAMES CHURCH P.O. BOX 334 WEYMOUTH; MA 02190 Update Address and return card.Mark reason for change. Address Renewal Employment Lost Card PS-CA1 is SOM-04/04-GIO1216 /,z �oorz7�ro�zu�ea/l/z a�✓7/�a�aC�ccae�a License or registration valid for individul use only _ Office of Consumer Affairs&Business Regulation before the expiration date. If found return to: - HOME IMPROVEMENT CONTRACTOR Office of Consumer Affairs and Business Regulation ! Registration: 164906 Type. 10 Park Plaza-Suite 5170 Expiration; 11/30/2013 DBA Boston,MA 02116 ALL IN ONE RESTORATION-' JAMES CHURCH 72 POND ST. WEYMOUTH,MA 02190_- " Undersecretary Not valid without signature s r The Commonwealth of Massachusetts William Francis Galvin- Public Browse and Search Page 1 of 2 The Commonwealth of Massachusetts William Francis Galvin Secretary of the Commonwealth,Corporations Division One Ashburton Place, 17th floor Boston,MA 02108-1512 Telephone: (617)727-9640 MJA REALTY, LLC Summary Screen Q Help with this form Request a Certificate The exact name of the Domestic Limited Liability Company(LLC): MJA REALTY,LLC Entity,Type: Domestic Limited Liability Company(LLC) Identification Number: 208926896 Old Federal Employer Identification Number(Old FEIN): 000949986 Date of Organization in Massachusetts: 04/25/2007 The location of its principal office: No. and Street: 51 TUDOR ROAD City or Town: NEEDHAM State: MA Zip: 02492 Country: USA If the business entity is organized wholly to do business outside Massachusetts,the location of that office: No. and Street: City or Town: State: Zip: Country: The name and address of the Resident Agent: Name: ALI A. JALALI No. and Street: 51 TUDOR ROAD City or Town: NEEDHAM State: MA Zip: 02492 Country: USA The name and business address of each manager: Title Individual Name Address (no PO Box) First,Middle,Last,Suffix Address,City or Town,State,Zip Code MANAGER ALI A.JALALI 51 TUDOR ROAD NEEDHAM,MA 02492 USA MANAGER JEAN JALALI 51 TUDOR ROAD NEEDHAM,MA 02492 USA The name and business address of the person in addition to the manager,who is authorized to execute documents to be filed with the Corporations Division. Title Individual Name Address (no Po Box) First,Middle,Last,Suffix Address,City or Town,State,Zip Code SOC SIGNATORY JEAN JALALI 51 TUDOR ROAD NEEDHAM,MA 02492 USA The name and business address of the person(s)authorized to execute,acknowledge,deliver and record any recordable instrument purporting to affect an interest in real property http://corp.sec.state.ma.us/corp/corpsearch/CorpSearchSummary.asp?ReadFromDB=True... 10/15/2012 The Commonwealth of Massachusetts William Francis Galvin - Public Browse and Search Page 2 of 2 y., Title Individual Name Address (no PO Box) First,Middle,Last,Suffix Address,City or Town,State,Zip Code REAL PROPERTY ALI A.JALALI 51 TUDOR ROAD NEEDHAM,MA 02492 USA REAL PROPERTY JEAN JALALI 51 TUDOR ROAD NEEDHAM,MA 02492 USA Consent _ Manufacturer _ Confidential Data _ Does Not Require Annual Report _ Partnership _ Resident Agent _ For Profit _ Merger Allowed Select a type of filing from below to view this business entity filings: ALL FILINGS i Annual Report I Annual Report-Professional Articles of Entity Conversion Certificate of Amendment lb�A V ew FI n s i New.Search "771 gY. �; . Comments a ©2001-2012 Commonwealth of Massachusetts Q All Rights Reserved Help t http://corp.sec.state.ma.us/corp/corpsearch/CorpSearchSummary.asp?ReadFromDB=True... 10/15/2012 r All In One Restoration LLC TORTE Fire&Flood Rebuild Experts 877-347-3380 www.alhnonerestore.com Client: Ali Jalali/MJA Realty Trust Home: (617)640-8833 Property: 278 Main St Hyannis,MA 02601 Operator Info: Operator: JCHURCH Estimator: James Church Business: (978)482-5013 Business: 3 Cabot Place Suite 2 Stoughton,MA 02072 Reference: Business: (781)344-5900 Company: All In One Restoration LLC Business: 3 Cabot Place Suite 2 Stoughton,MA 02072 Type of Estimate: Vehicle Date Entered: 9/24/2012 Date Assigned: Date Est.Completed: 9/24/2012 Date Job Completed: Price List: MAEM7X MAY12 Labor Efficiency: Restoration/Service/Remodel Estimate: JALALI Thank you for choosing All In One Restoration LLC i ut1 HE All In One Restoration LLC Fire&Flood Rebuild Experts 877-347-3380 www.aUinonerestore.com JALALI Room LxWxH 25'x 12'x 8' DESCRIPTION QNTY 4. R&R Suspended ceiling tile-Standard grade-2'x 4' 300.00 SF 5. Finish carpentry-trim work. 1.00 EA 7. R&R Storefront-aluminum anodized frame-Double pane Glass(3 units)reset into place and secure.( 3.00 EA Glass company install) 10. Paint the surface area-two coats 250.00 SF 8. Paint-molding-ornate or multi-member-one coat(around window unit) 3.00 EA Exterior DESCRIPTION QNTY 11. Mason-Brick/Stone-per hour 24.00 HR 12. Framing repair- Structural work.carpentry 1.00 EA 13. Block- 10"x 8"x 16"-in place-reinforced block(materials) 1.00 EA 14. Painting-brick face to be painted and blended in to match existing front color. 1.00 EA Flooring DESCRIPTION QNTY 9. R&R Glue down carpet-Standard commercial grade 1.00 EA Miscellaneous DESCRIPTION QNTY 3. General Demolition-removal of glass&debri 8.00 HR 1. Permit&fee for Town of Barnstable 1.00 EA 2. Dumpster load-Approx.20 yards,4 tons of debris 1.00 EA Grand Total 9,546.98 James Church JALALI 10/1/2012 Page:2 f ALL HE All In One Restoration LLC Fire&Flood Rebuild Experts 877-347-3380 www.allinonerestore.com Grand Total Areas: 592.00 SF Walls 300.00 SF Ceiling 892.00 SF Walls and Ceiling 300.00 SF Floor 33.33 SY Flooring 74.00 LF Floor Perimeter 200.00 SF Long Wall 96.00 SF Short Wall 74.00 LF Ceil.Perimeter 0.00 Floor Area 0.00 Total Area 0.00 Interior Wall Area 0.00 Exterior Wall Area 0.00 Exterior Perimeter of Walls 0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 Total Ridge Length 0.00 Total Hip Length Thank you for choosing All In One Restoration LLC JALALI 10/1/2012 Page:3 10-09-2012 12:34PM FROM P. 1 wy��llE~ Alit-In-Ode Restoration LLC Fire&Flood Rebuild Experts. 877-347-3380- ww w.al l u►cmert'stote.cx>m ,IALA)<J Soom LxWxH 25'x 12'x$• DLSCRYPTtON QNTY 4. R&R Suspended•ceiling rile-Standard grade-2'x 4' -- 300.00 SF 5. Finish t at'pcsttry-trim work. 1,OU EA 7. R&R Storefront-aluminum anodized frame-Double pane Glass(3 units)reset into place and secure.( 3.00 EA Glam company install) 19. Paint the surface area--wo coats 250.00 SF 8. Paint-molding-ornate or multi- ember-one coal(around window unit) 3.00 EA Exter`iur DESCRIPTION QNTY 11. Masatr-Brick/Stone-per hour �M 24.00 HR 12. Framing repair= Structural work.carpentry 1.00 EA 13. Block- 10"x 3"x W-in placc-rcirtibrecd block(materials) 1.00 EA 14. Painting-brick face to he painted and blended in to match existing front color. 1.00 FA k`Uooriayg . D ESC;RIPT ON QNTY 9. R&R Gluc down carpet.-Standard commercial grade _ 1.00 EA Miscellaneous MSCRIPTION QNTY 3. General Demolition-removal of class&debri 8.00 HR 1. Permit&tlx:for Town of Harnsvible 1.00 EA 2- Dumpster load-Approx.20 yards,4 tons of debris 1.00 EA Grand Total M 9,546.98 "James Church 1ALAL1 ` �o)q l 9/27/2012 Page-2 C� y I 11CCIPM11 Cape Cod & Islands Property Management "a full service company" P.O.Box 1144 Phone: 508-428-0503 Osterville,MA 02655 Fax: 508-428-1949 July 8, 2003 Mr. Thomas Perry Building Commissioner Town of Barnstable 367 Main Street Hyannis,MA 02601 Dear-Tom, Re: 278 Main Street,Hyannis Around three years ago,I had made improvements to the first floor of the above-mentioned property. While in the process, we had to have a site plan review that resulted in us being exempt from local zoning as the May Institute, the tenant of the property, was a non-profit, educational organization. We are now considering on making improvements to the second floor for them and would like to know if we are still exempt from local zoning. I am aware that we would still require a site plan Q� review and that an elevator will need to be installed. Please let me know if I am correct in my thinking. Thank you for your attention in this matter and look forward to hearing from you soon. Since ly, j C Ke cNamara i I I SPR 43-2000 May Institute, 278 Main Street,`1" floor, Hyannis (1327-099) Terry McNamara appeared before the panel with a representative of the May Institute seeking to establish a mental health club at this location (former Dumont's Pharmacy). This is a rehabilitation facility offering job training and other related services as well as computer access and a meeting room where coffee and donuts are served. They currently are located on Enterprise Road but this site is slated for demolition. Discussion revolved around the parking provisions. The May Institute indicated a need for 4 parking spaces. Discussion ensued during which various parking options were identified. The applicant may secure off street parking with 300' by private lease. Ultimately, it was revealed that this use may be exempt under Massachusetts State law should the corporation papers identify the May Institute as a non-profit educational facility. Engineering advised Mr. McNamara;that the town may in fact own an additional 260 sq. ft on the easterly side of the building'increasingthe actual non-cdnformity. The building Commissioner interjected that at this point the building is so non-conforming that this really does not impact the project. Planning inquired about parking provisions on the CCB&T lot. General discussion again revolved around the parking calculations, leasing. need, restrictions. The issue was tabled pending the determination of the classification on the corporate papers. Mr. Bill urged the applicant to.beautify this locale by offering planters or window boxes. The panel was also informed that there would be no exterior sign. All proposals shall be subject to Hyannis Main Street Waterfront Historic District Commission approval. Health inquired about the dumpster. It was revealed that the dumpster currently located near this building is believed to belong to the Sunnyside,Restaurant. This facility will not install a dumpster but will provide barrels stored inside. The Building Commissioner advised the applicant to submit corporate papers as soon as possible for determination of an exempt use. Conclusion: Continued pending the determination of corporate status. Subsequent Conclusion: Approved. The applicant provided documentation of non- e profit, educational use. With this on file, the application and non-con fortuities become exempt under State law and thereforeshall be allowed as presented. The applicant is charged with obtaining the approval of the HMSWHDC as noted above. , I S is YOU WISH TO OPEN A BUSINESS? For Your Information: Business certificates (cost$40.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town (which you must do by M.G.L.-it does not give you permission to operate.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis. Take the completed form to the Town Clerk's Office,,15t FI., 367 Main St., Hyannis, MA 02601 (Town Hall) and get the Business Certificate that is required by law. DATE: Fill in please: APPLICANT'S YOUR NAME/S: bAytA ,P ✓-c&A(M? C74 16,6%,✓ 6 4a9,t_ 7n J ' BUSINESS YOUR HOME ADDRESS: SdAcdfl_ _.;�, � G/�'�3i'i�01 yS� /N/ TR tre,JT �rr�.�s.tTa.,r��►'�_6�7�// TELEPHONE # Home Telephone Number NAME OF CORPORATION A1L /�/Ff�/ NAME OF:NEW BUSINESSR ,. TYPE OF>BUSINESS�'oe eAdu/f IS THIS AHOMEiOCCUPATION� YESc�c ,+` -� ADDRESS';:OF BUSINESS �.:. MA P/PARCEL"NUMBER (Assessing) is 7W ,6u1s7?Af 6'' U59 ONLY 00W4F Ar 0*-A(6 t- dF d�0&9,0&e R om WU t sm 7a c%•�w�.J lo,¢P. 1 When starting a new business there are several things you must do in order to be in compliance with the rul s 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 COMMISSIONER'S O 1 E This individual has bee d of a rmit requirements that pertain to this type of business. Adhartied Signature** COMMENTS: 2. BOARD OF HEALTH This individual has been informed of the permit requirements that pertain to this type of business. Authorized Signature* COMMENTS: 3. CONSUMER AFFAIRS(LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature* COMMENTS: 4ia� ,�. viNF�� C�QP �5 A A1dN/°/L'rir F�o&cf7&/l c 'cvZP c%Vo£2 �GL C4. Cti�/ arm o - ,�> �S'�t T,e,� ,tkenr,�nti=, Cie.-��z•� r 111 INIVIN MR,ENO tiffli III COMMONWEALTH OF MASSACHUSETTS j DEPARTMENT OF REVENUE PO BOX 7010 BOSTON,MA 02204 i i F 4oaa VINFEN CORPORATION Notice Date; 12/23/11 j N� 950 CAMBRIDGE ST Taxpayer 1n NIInIbein 042 632 219 CAMBRIDGE MA 02141-1001 i • t I Dear Taxpayer, i Below please find your Certificate of Exemption (Form ST-2). Please cut along the dotted line f and display at your place of business. r Sincerely, t Massachusetts Dept, of Revenue 1 I . t Form ST-2 Massachusetts Certificate of Exemption Department of Revenue j i Certification Is hereby made that the organization herein Is an exempt purchaser under General Laves,Chapter 64H,section 6(d)or(e). Ail I purchases of tangible personal property by thls organization are exempt from taxation under sold chapter to the extent that such property Is used in the conduct of the business of the purchaser. Any abuse or misuse of this certificate by any tax-exempt organization or any f unauthorized use of this certificate by any Individual constitutes a serious violation and vrill lead to revocation. Willful misuse of this Certification of Exemption is subject to criminal sanctions of up to one year In prison and$10,000($50,000 for corporations)In fines.(see reverse side.) VINFEN CORPORATION EXEMPTION NUMBER � 950 CAMBRIDGE ST 042 832 210 CAMBRIDGE MA 02141 ISSUE DATE ; 01102106 CERTIFICATE EXPIRES ON ! 01102116 i E NOT ASSIGNABLE OR TRANSFERABLE C07%f MISSIONER OF RBVENUE ST-2 ' Internal Revenue Service Department of the Treasury District Director P. 0. Box 2508 Cincinnati, OH 45201 Date: JAN O 8 1999 Person to contact: Steve Miliano Telephone Number: 877-829-5500 Vinfen Corporation Fax Number: 950 Cambridge Street 513-684-5936 Cambridge, MA 02141-1001 Federal Identification Number: 04-2632219 Dear Sir or Madam: This letter is in response to your request for a copy of your organizations determination letter. This letter will take the place of the copy you requested. Our records indicate that a determination letter issued in April 1978 granted. your organization exemption from federal income tax under section 501(e) (3) of the Internal Revenue Code. That letter is still in effect. Based on information subsequently submitted, we. classified your organization as one that is not a private foundation within the meaning of seCtion- 509 (a) of the• Code because it is an organization described in section 509 (a) (2) .- t. This classification was based on the assumption that your organization's operations would continue as stated in the application. If your organizations sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more'than $25, 000. If a return is required, it must be filed -by the 15th day of the fifth month after the end of the organizations annual accounting period. The law imposes a penalty of $20 a day, up to a maximum Of $10,000, when a return is filed late, unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable- for taxes under the Federal Insurance Contributions Act (social security taxes) ` on remuneration of $too or more paid to each employee during a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA) . w r` Vinfen Corporation 04-2632219 organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other, federal excise taxes, Donors may deduct contributions to your organization as provided in section 1.70 of the Code. Bequests, legacies, devises, transfers, or gifts to your ' organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 21.06, and , 2522 of the Code. Your organization is not required to file federal income tax returns unless it is subject to the tax on unrelated business income under section 5f1 of the Code. If your organization is subject to this tax, it must file an income tax return on the Form 990-T,, Exempt organization Business Income Tax Return. In this letter, t er, we are not determining whether any of your organization's present or proposed activities are unrelated trade or business as defined in section 513 of the Code. Because this letter could help resolve any questions about your organization's exempt status and -foundation status, you should keep it with the organization's permanent records.. Please direct any questions to the person identified in the letterhead above. This letter affirms your- organization's exempt status. Sincerely, 7ywC,65,e, C. Ashle�Bullard District Director u I WHM No CO IHO I li,•y 101111- AIM li !? Ike I/Hli c�t�� C�lnmm n�u �1t1� f tt � rl}�t Otto PA.UL CwUZZI Secretary of the Commonwealth STATE HOUSE BoSTON, MASS. 02133 _ ARTICLES OF ORGANIZATION (Under G.L.Ch. 180) Incorporators NAME RESIDENCE Include given name in full in case of natural persons:in case of a corporation,give state of incorporation. Miles F. Shore, M.D 62 Meadowbrook Road Needham, Massachusetts The above-named incorporators) do hereby associate (themselves) with the intention of forming a corporation under the provisions of General Laws,Chapter 180 and hereby state(s): 1. The name by which the corporation shall be known is: / vinfen Corporation- V 2. The purposes for which the-orporation is formed areas follows: The corporation is formed for charitable, educational and scientific purposes, and'. in furtherance,thereof.: :1. To promote mental and emotional health and alleviate mental and emotional illness. �• 2. , To studay mental illness and'mental 'health and the medical, .,psychological, social, economic, cultural and other factors that relate to the 'etiology and- course of development of mental illness and to*the advancement of mental health and to study.ways and means offurthering the discovery, develop- ment and application of .all effective methods, practices and therapies, for the diagnosis, treatment, care and .rchabilita_- tion of -the mentally ill and retarded and for the promotion of mental health. SEE -CONTINUATION SHEET 2A NOTE:If provisions for which the space provided under Articles 2.3 and 4 is not suffici9nt,additiotis should be <et out on continuation sheets to be numbered 2A,20,etc.Indicate under each Article where the provision Is i 3, it the corporation bat more than one clan of membam the dtuiigaat;an of such clarion,.the manner of election or appointment, the duration of membenMp and the quSMIcatiou and rights, including voting rigs.of the members of each class,are as follows.— Not Applicable e 4. Other lawful provisions.a-any, for the conduct and regulatinm of the business and effairs of the cos- potation.for its voluntary dissolution.or for Hmhing,-deSaing,or regulating the pavers of the corporation, at of its directors or members,or of any cuss of members,are as follows- SEE CONTINUATION SHEETS 4A, .48, 4C i CONTINUATION SHEET.2A I3. To carry on. programs of education and training in • the field of mental health and to study and advance ways and means of recruiting and -training adequatie personnel for the diagnosis, treatment, care- and rehabilitation of-the mentally ill and retarded, and for the promotion of mental health. 4. , To survey all aspects of the problems of mental illness and mental health and to formulate' and, carry out comprehensive plans and programs for the improvement of• all metkods and practices for the diagnosis, treatment, care and rehabilitation of the mentally. ill and retarded, and for the promotion of -mental health. 5. To analyze and to make available to interested public and private associations, organizations, agencies and persons, in annual and interim reports; or otherwise, the results of its stuaies- and surveys. .CONTINUATION SHEET 4A The Corporation shall have and may. exercise in furtherance . Of its purposes the following powers, in additidn -to any other Powers it may have by operation of law or otherwise) 1. To have perpetual succession -in its -corporate names to sue and be suedt to have.'a corporate seal't -to elect or appoint directors, officbrs, employees and other agents, to fix their compensation and define their duties and obligations, and to indemnify such corporate personnel. 2. To purchase, receive, take by 'grant, gift, devise, bequest or otherwise, lease, .or otherwise acquire, own, hold, improvs, employ,, use and otherwise deal in and wi th, raal .or,personal property, or any in-' tereat therein, whsrever' situatedl to sell, convey, lease, exchange, transfer or'.otherwise dispose of or inortgag0, pledge, encumber or create a security interest in, all or any "of its property, ok any interest therein, 'wherever'situated. 3.. To purchase, take, .receive, ' subicribe for, or -otherwise acquire, own, hold, vote,. employ, . sell,. lend, lease, exchange, transfer, or otherwise deal in and with, bonds and other obligations, shares, or other securities or interests issued by others, whether engaged in business., governmental, or other activities. ' 4. To stake contracts., give guarantees- and incur. liabilities.' borrow money at such rates of interest as the corporation: may determi ne,* issue its Y � notes, bonds an d other obligations, And :secure any 'of its-'obligations by mortgage, pledge or encumbrance of, or security interest in, -all or Any of its property or any interest, therein," wherever situated. 5. To !arid money, invest and reinvest its funds, and take and hold real and personal property- as security for :the payment of funds. so loaned o'r invested'. 6, To carry on its operations, -and have offices and , exercise the- powers -granted herein'- in any jurisdiction within or without the United -States. 7. To make donations, ir-•. Aspective of corporate benefit, for .the public welfare. or for-community fund, hospital, charitable, religious., educational, scientific, civic or similar •purposes' and in time. of war or other national emergency. iri aid thereof. J • CONTIIIUATIOIT SHEET 0 8. To pay pensions, establish and carry out pension, savings, thrift and other retirement and benefit Plans, trusts and provisions for any or all of its directors, officers and employees, and for any or all of the directors; officers and.-empl,oyees 'a#'any corporation, fifty percent or more of the shares of which outstanding and entitled' to vote on the election- of directors are owned', directly or indirectly, by it. 9. To be a partner in any enterprise which the .corpora- tion would have power to conduct.by itself. 10. -To have and exercise all powers necessary or con venie' nt to effect any or all of the .purposes for which the Corporation is formed; provided .that no such power -shall be exercised in a manner inconsi- tent with Chapter 180 or the general laws of the Commonwealth. . Meetings of the members of the Corporation may be held, anywhere in the Commonwealth. The Corporation is organized and- shall be operated e.xclu- sivelg for charitable, educational, scientific and literary-pur- poses within the meaning of Section 501(c) (3) of the Internal Revenue Code of 1954, as it may from, time to time be aneinded, and it is only in furtherance of those purposes that- it-shall utilize its corporate powers; no substantial part of the Corpora- tion's activities. shall. consist, of'attempting -to influence legislation by propaganda or otherwise; and the Corporation shall not participate in, intervene in •(including the publishing or distributing. of statements) ; any political campaign on behalf ofany candidate for public- office.. No part of the net earninns or receipts of the Corporation shall inure- to the benefit of anv member, director or officer of the Corporation or any private individual, provided that this , restriction. shall not vrevent. the payment to any such person.of . reasonable: compensation far services actually rendered to or for .the Corporation•.. Upon any licTuidation or dissolution of the• Corporation, ' whether voluntary or involuntary, no private member or individualshall receive any •share -of the profits,' property. or funds of the. E i CONTINUATION SIMPT 4C . Corporation; upon any liquidation or dieaolution of the Corpora- tion all funds and property of the .Corpisration shall be transferred to or applied for the benefit' oi one or more corporations, -insti- tutions or governmental bodies (i) havina rnfposes similar to the purposes for Which the Corporation -is-Xormectj(ii-)- (if--other - than 4 aovernmental body)• formed under Chapter "LSO of the General. Laws of. Massachusetts or under similar law of anther jurisdiction, and which is entitled to exemption from taxation under. Section 501(c) (3) of the Internal Revenue- Code of 1954, as it-may from time to .time be amended, or similar Froviaions of any subsequent �-` . legislation; (iii) ais selected and approved by vote'of the Board of Directors of the Corporation -and. by.any court exercising Jurisdiction over such liquidation or dissolution. - r 5. BY-laws of the corporation have been duly adopted and the initial directors,president,treasurer and clerft or other presiding,financial or recording officers whose names are set out below,have been duly elected. 6. The effective date of organization of the corporation shall be the date of filing with the Secretary of the Commonwealth or if later date is desired,specify date,(not more than 30 days after date of filing.) . July 1, .1977 '7. The following information shall not for any purpose be treated as a permanent part of the Articles of Organization of the corporation. a. The post office address of the initial principal - i p ' pat office of the corporation in Massachttietts i -i: 56 Fenwood Road, Boston, Massachusetts 02115 b. The name,residence,and post office address of each of the initial directors and following officers of the corporation are as follows: NAME RESIDENCE POST OFFICE ADDRESS . President... i X�$.:F,...S axe....M.a.,. 6.2..Meadow ironX. .Road.,:.Needbam,MA:-dame Treasurer: :Sheldon D: Bycoff, 79„M�tkintosh•,Av�n>te,, I�� apq .R2�92- attte Secretary: . >�me .....fi���..c3r�d..Zanditliu,..$.3.�haw..Rpad,..Chesiknut.H�.11,..MA:.02�6.7.--same .• Directors: (or officers having the'powers of directors) Miles ,F. Shore, M.D.' (see above) Sheldon D. Bycoff (see -above) . Mildred Zanditon (see above) Richard I. Shader, M:l)., :32 Homar Street, Newton Center, MA Jon Gudeman, M.I?;, , 29 Mason Street, Lexington, MA c. The date initially adopted on which the corporation's fiscal year ends is: June '30 d. The date initially fazed in the by-laws for the annual meeting of members of the corporation is: First T.de s d ay in September e. The name and business address of the resident agent,if any,of the corporation is: None �N WITNESS WHEREOF and under the penalties of perjury the above-named INCORPORATOR(5)signs) Vthese Articles of Organization this day of 19 7 7 ...... .. a THE COMMONWEALTH Of MASSACHUSETTS ARTICLES OF ORGANIZATION GENERAL LAWS,CHAPTER 180 I hereby certify that, upon an examination of the within-written articles of organization.. duly submitted to me, it appears that the provisions of the General-Laws relative to'the organization of corporations have been com- plied with, ArA I hereby approve said articles; and the filing fee in the amount of S30.00 having been paid,said articles arc ttpe�to have been filed with me , ' a oil Effective.date tr,.�"°rI ✓ PAUL• (;UZZI . Secretary of tke Commonwealth TO BE FILLED IN BY CORPORATION CHARTER TO.BE SENT TO- ' 0r .... .... .Joseph••D. Hinkle Es M` HILL S BARLOW Z2.S. k'ramk]�,n..Slrxeet...• ..... ..... Boston, Massachusetts 02110 ..... ..Telephone: :.4.21 Ei2 0A..... ............. F1HNC KES300) CHARTER MAILED.`': 77 DELIVERED Y Gape Cod & Islands Pr®pe y Management: "a full service company" P.O,l ox 1.1.44 Phone.: 508-42I-0503 Ostera611e, MA, 02655 Fax; 508-428-1949 July 8, 2003 .Mr. Thomas Perry Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA 02601 DearToni, Re: 278 Main Street,Hyannis Around three years ago,I had made improvements to the first floor of the above-mentioned' property. While:in the process,we had to have a site:plan review that resulted in us-being exempt from local'zoning as the'May Tnstitute,the tenant of the property;was a non-profit; educational organization. We are now considering=on making improvements to the second floor for them and would•like to know if we are still exempt from local zoning. I am aware that we would still require a site plan review and that an elevator will need to be installed. Please let me know if I am correct in my thinking. Thank you for your attention in this matter and look forward to hearing from you soon. Sincerely, Ker cNamara t Q-'r SPR 43-2000 May Institute,.;2781v1a*n Street, 15�floor;)<Iyaaints ( 327-Q99)` . A . M Terry McNamara appeared before the panel with,a representative of the May Institute seeking to establish a,mental health club.atthis,location,(former Dumont's Pharmacy), This.is-a rehabilitation facility offering job training and other related services as well as computer access and.a meeting room where coffee-and donuts are served. They currently are located on Enterprise Road but tlis.site' s slated for demolition. Discussion revolved:around the parking provisions. The May Institute indicated a need` for 4 parking spaces. Discussion ensued during which various parking options were identified. The applicant may secure>offstreet parking with 300'. by private lease. Ultimately, it was revealed that this use may be exempt under Massachusetts State law should the corporation papers identify the May Institute as a non-profit educational facility. Engineering advised Mr. McNamara.that the town may in fact own an additional 260 sq. ft on the easterly side of the building'increasing�'the actual non-conformity. The building Commissioner interjected that at this:point:the building is so non-conforming that this really does not impact the project: Planning inquired about.parking provisions on the CCB&T lot: General discussion.again; revolved.around the parking calculations; leasing,need,restrictions. The issue was tabled pending the determination of the classification on;the corporatepapers. Mr..Bill'urged the applicant to beautify this locale by offering:planters or window boxes. The panel was also informed:that there would be no exterior sign. All proposals shall be subject to Hyannis Main Street Waterfront Historic District Commission approval. Health inquired about;the durripster.. It-was revealed that:the dumpster currently located near this building is believed to belong to the Sunnyside.Restaurant. This facility will not install a dumpster but will provide barrcls.stored inside: The.Building Commissioner advised the applicant to submit corporate papers as soon as possible for determination of an exempt use. Conclusion; Continued pending the determination of corporate status. Subsequent Conclusion: Approved. The applicant provided documentation of ndn- F . prof t, educational use: With this on file, the application and non-conformities become exempt under State law and thereforeshall:he allowed as presented. Tire applicant.is charged with obtaining,the approval of the HMSWHDC as noted above: �` rp e Town of Barnstable sAxiasr�st.�. s� MASS. Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 50&862-4038 Ralph.Crossen Fax: 508-790-6230 Building Commissioner April 1:0, 2000 Jim Millins May Institute 940 Main Street South Harwich, MA 02661 Re: SPR 43-2000, May Institute, 278 Main Street, Hyannis, R327-099 Dear Mr. Millins: Please note that the site plan application submitted in.regards°to the;above.mentioned proposal was approved by Site Plan Review on April 6,.2000,with°the following conditions: Applicant shall provide documentation of non-profit, corporate status.*' .Applicant:shall obtain Hyannis fain St. Waterfront Historic approval. *Satisfactory corporate papers were provided at the conclusion of the hearing., Sincerely, Ralph Ctossen Building Commissioner qlwpfiles/siteplan/site2000linayinst. of r s�xivsTis�.e. The Town of Barnstable HAMM Department of Health Safety and Environmental Services ' � ►�01 Building..Division 367Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner MEEMORANDUM .DATE: May 9,2000 TO: Ron S..Janson,Chairrrian,Zoning Board of Appeals: FROM: Ralph M.Crossen,Building Commissioner RE: 278 Main Street;Hyannis,MA AppealNumber 20W231 KDA ReaityTrust=KerryMcNarriaa,Trustee. Please be.advised that we xecei Wyissued:a building permit to Mr.McNamara to convert the downstairs of this building to offices and a training area for the May Institute. We are not sure about the upstairs use._ Mr.-McNamara has asked:us,for information on both a May Institute use`:as well as a 40B:use. Because the May institute corporation papers show 50.1.C3(Educational Non-profit)status;we are of the opinion that the downstaimds.e is exempf-from zoning undertthe State Zoning Act 40A At this point we'wilI await;a more definitive proposal for the upstairs of this building. We are,currently, not sure of the.direction Mr.McNamara wants to:go. g00050% 4 Vinfen/278 Main St.,Hyannis May 3,2013Page 2 of 4 Property Taxes, CAM&BD Fees: Tenant shall reimburse Landlord for building's real estate taxes In the amount of $318.58/month; business district fee of $86.05/month; and common area maintenance cost of$125.00/month. I Utilities: Tenant shall be responsible to pay 60% of total actual costs of water and sewer; and actual costs of heat, and electric, as invoiced by service providers. I Maintenance& Repair As described on page 2 of the lease section "Maintenance' of The May. Institute and MJA Realty,LLC's lease ending June 30,2009,and extended to June 30,2013.Landlord's obligations uhclude e The roof,outside walls,and other structural parts of the building • 'rhe parking lot,driveways and sidewalks i 6 The sewer,water pipes,and other matters related to the plumbing • The electrical wiring o Structural and major mechanical issues (ie; roof, siding' 1 furnace/boiler,central our conditioning) I Tenant shall be responsible for routine maintenance of furnace Vinfen shall perform the following work on behalf of Landlord; 1. Tenant shall repair/replace as needed damaged portion of the j flooring in Premises.$6,500. + 2. Tenant shall Install handrails on back stair case, as required by local building code.$750. 3. Tenant shall install window treatments as need to handle heat load hi front windows. Landlord shall reimburse Tenant at a budget amoimt of$1000. 4. Tenant shall repair hot top surface immediate to back door. Cost estimate is less than$1,000. 5. Tenant shall fully remove any apparent remnants of asbestos in basement f Landlord shall reimburse Tenant a-total amount not to exceed $9 250 for items #1-5 above in the form of reduced rent beg!nning Ma Tt 2013, which shall be reimbursed and deducted from rent over first 6 rent payments, 6. At its own expense, Tenant shall update Fire Alarm Panel as needed to bring it up to code. i I ' i SAINT AMES REAL..ESTATE AR.VISQRS, LL6 7 Revised:May 3,2013 Mrs.Jean&Mr.Ali Jalali MJA Realty LLC 592 Pleasant Street t Norwood,MA 02062 Dear jean&Ali; i On behalf of Vinfen,Saint James Real Estate Advisors,LLC is pleased to present this proposal to lease space at 278 Main Street,Hyannis,MA. Property: 278 Main Street,Hyannis,MA J Owner/Landlord: MJA Realty,LLC Tenant: Vinfen Corporation Premises/Building: Entire First floor space. Tenant shall be allowed to continue its current use of a portion of the basement for storage only. Tenants proportionate I'I share of the building is 60 percent. l... . i Use: Adult rehabilitation,job training and related social services Lease Commencement: May 1,2013 I Lease Term: One(1)year and 2 months,ending June 30,2014 - I Base Rental Rate: $4516.80/mo.or$54,201.60 annually or$14.59/SF/YR/NNN j Nightly Cleaning: Vinfen shall be responsible for cleaning of Premises j } Access/Security: Tenant shall have.seven(7)days per week,24 hours per day,access to the j building 101 Federal Street, Suite 1900, Boston, MA 02110 Bus. 617.737.1776 I r } ' I l f Vinfen/278 Main St.,Hyaruus May 3,2013 Page 3 of 4 • Tenant shall be responsible for repair of Premises or Building that is the direct result of its negligence or damage or its client/consumer's damage. Option to Extend: Intentionally omitted Signage: Tenant shall be allowed to display signage on the exterior of the building of the same size and dimensions as May. Sublease& Assignment: Intentionally omitted Security Deposit: One months rent Parking: Tenant shall use Property parking lot in common with all Property tenants. Notice: Tenant shall provide Landlord with no less than three 3 month's i j p O written notice of its intention to vacate space or of its interest in entering into a new lease. l.. Brokerage: Saint James Real Estate Advisors, LLC shall be recognized as Tenant broker in the transaction and shall be paid by Tenant under the terms of a I separate agreement. I Qualifying Conditions: This proposal shall not be legally binding on the parties. The offer and the outline of terns herein are not intended to bind the parties and are therefore subject to withdrawal or termination by either party without notice, with or without cause, and without penalty or liability, and.if withdrawn or terminated,each party will bear its own costs and expenses. I The parties hereto shall not be legally bound,by the terms of this proposal, nor shall any liabilities or obligations arise pursuant hereto. j THE PARTIES INTEND THAT ONLY A SUBSEQUENT FORMAL LEASE AGREEMENT,IF MADE,EXECUTED,AND DELIVERED BY BOTH PARTIES,WILL LEGALLY BIND THE PARTIES ON t ANY MATTER HEREIN DESCRIBED. Vinfen/278 Main St.,Hyannis I i r i I May 3,2013 Page 4 of 4 Neither party shall have the right to assert that any previous,concurrent,or subsequent actions or oral or written statements of persons acting by or on behalf of such party can operate to alter, modify, waive, or amend this paragraph in whole or in part. This proposal shall be open to Tenant's consideration through Tuesday,May 7,2013. Sincerely, Lisa Lisa DonFrancesco Principal Vinfen/278 Main St.,Hyannis April 19,2013 Page 4 of 4 i Cc: Mr.Glen Mattera,Vinfen Mr.Chuck Tuplin,Vinfen W.Kris Howard,Vinfen Agreed to and Accepted by: Duly authorized to sign Glen Mattera MI Re y,LLC I� i ' I I � I f i 1 �pF tHE Tp� ~� The Town of Barnstable a s + E AMMBLE, • 9� M 9. Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner April 10, 2000 Jim Millins May Institute 940 Main Street South Harwich, MA 02661 Re: SPR 43-2000, May Institute, 278 Main Street, Hyannis, R327-099 1 Dear Mr. Millins: Please note that the site plan application submitted in regards to the above mentioned proposal was approved by Site Plan Review on April 6, 2000, with the following conditions: Applicant shall provide documentation of non-profit, corporate status." Applicant shall obtain Hyannis Main St. Waterfront Historic approval. *Satisfactorycorporate papers were provided at the conclusion of the hearing. P P p Sincerely, Ralph Crossen Building Commissioner q/wpfiles/siteplan/site2000/mayinst. F SHE The Town of Barnstable • snnxsrnsIA Department of Health Safety and Environmental Services 16,39. �FON1p,'t► Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner MEMORANDUM DATE: May 9,2000 TO: Ron S.Janson,Chairman,Zoning Board of Appeals FROM: Ralph M.Crossen,Building Commissioner RE: 278 Main Street,Hyannis,MA Appeal Number 2000-23 KDA Realty Trust-Kerry McNamara,Trustee Please be advised that we recently issued a building permit to Mr.McNamara to convert the downstairs of this building to offices and a training area for the May Institute. We are not sure about the upstairs use. Mr.McNamara has asked us for information on both a May Institute use as well as a 40B use. Because the May Institute corporation papers show 501C3(Educational Non-profit)status,we are of the opinion that the downstairs use is exempt from zoning under the State Zoning Act 40A. At.this point we will await a more definitive proposal for the upstairs of this building. We are,currently, not sure of the direction Mr.McNamara wants to go. g000509b 04/22/2009 10:45 FAX 508 790 6226 TOWN MANAGER C 002 02/23/2009 13:08 FAX 508 790. 6226 TOWN MANAGER ua 3 Barnstable 3. The Town of Barnstable � A (office of the Town Manager 5 367 Main Street,Hyannis NLk 02601 ON ' bie maxs office: 50&862-4610 Fax: 508NAM -790-6226 � samrsratss� + WwW.town.btlinsta APPLICATION FORM 2007 USA OF PROPERTY,PARADES,NLMtATHONS,TRIATOLANS,ROA)D RACES The approved application must be on file in the Town Manager's Office at least thirty(30)days prior to event Pared FlR ad Races lieatons meet be received sin 0 da s rior to scheduled date. Date al'application: ck# OR cash) T1D Fee urlt S43.00 per regneIV:Total paid: YSS *Each regUesn means each event such as a parade,followed by an event on the Town(3reen,for example This a�ppilcaftl must be 11 complete/ali signatures prior to submitking to the Town Manager for final approval. Yotp mpy be required to leave application at various Departments'to wait for appropriate signature. i 1. CALL TOWN MANAGER'S OFFICE TO TENTATIVELY RESERVE DATE OF EVENT-CHECK AVAILABILITY Roqucst for. '419y"nis Village Green Aseltou Park Parade • EocfitRun/Walk 1VlatathonRrla lcn Other(pianospmity): Cedaln facilities may require additional fees for services by DPW depending on location,use of staff&size of event. The fees will be determined by DPW and paid directly to that department e 2. NArheiofEvent: . Day/DaU of Event ch 0 CI I.L Rain date: l'1 lI L2e 3. Moms:of Sponsoring Organization: too Malting and physical address: Md 07- 194 d. Contact person I Phone. 5. Rersdn in charge DAY OFF I: r ell phone: 6. -Setup time: Actual event start and end time: —Clean up time: 7. Estiriated number of volunteers/participants: _ Estirirated number of speetamrs: I0o+ >>POLICE DEkT will determine if extra detail necessary. S. Admission fee/registration charged to participants? ^ No if yes: Amount: Will there be food or ciao vendors at event? Yes No »I1f yes,indicade the number of vendors and type(food/merchandise/etc): 0. o yl nAl , 00 �— >�Will lthere be merchandise av able for sale? Yes �No NIA Vendors need to complete application for special licenses at the Licensing Division-200 Main Street,Hyannis.. 9.j Map attached 01EQUMED)for road race/parade Zo >�A.re ktroet closures required: Yes >aDatdil of route snd rest stops at>achedlindicated oa map. 10. Fcpd prelmeft rved at event? �Yes No *If yds.will there be cooldng/hmating involved?No No 04/22/2009 10:29 FAX 508 790 6226 TOWN MANAGER U 004 I^¢ I have read, understand and agree to abide by each numbered item on the attached"Rules and R$gulations for Use of Village Green and other Town Property" // "Rules and Regulations for Parades, Walkathons, Road Races" and as the agent for the sponsoring organisation, agree to abide by said rules and any other special conditions (letters may be attached) established for this particular event. Signature of sponsoring agent/Date Printed Name: APPROVED BY: CHIEF bF POLICE DATE: I �_lIrl1r)9 (Barnstable Police De ment,1200 Phinney's ane,Hyannis 509-7. -3805) CHIEF OF FIRE DEPT(S) DATE: (VillageTire Department,Ad vary) RECREATION DATE: l kU 6 7 (Hyaiuni�Youth&Community Center, s 508-790-6345) PUBLIC-WORKS ;/ Y� DATE: (School�AdminBid outh tre o 508-862-4090) eYZ.36 GUtATORY SERVIC - DATE: (200 Win Street,Hyannis 508-862-4674) BOARD OF HEALTH DATE: (NIA foir Parade/Race pxr its unless serving food,508-862-4644) ao BUILDiING DEPT A DATE: (N/A fo'r ParadelRace permits unless erecting tents. 508-862-4038) TOWN MANAGER DATE: (Town Hall,367 Main Street,2° floor,Hyannis 508-862-4610) SPE6L CONDITIONS and ANY FEES(As determined by Department's above) DETAILED AS FOLLOWS: a X•• P. TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION r Map 73 2-7 Parcel Application# h 0(aq-� Health Division Conservation Division Permit# Tax Collector Date Issued / ��L 7 J Treasurer Application Fee j Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board : Historic-OKH Preservation/Hyannis t of _ LO); 0 Project Street Address �-7 FS Hal Kj ��- Village 4,.rk0,K,j_C Owner r�f�IP �v�S��� LLC Address Telephone Permit Request «.✓ `fie ocei w• Ve w Square feet: 1 st floor:existing proposed 2nd floor:existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. — . Dwelling Type: Single Family ' ] Two Family ❑ Multi-Family(#units) �&Ov Age of Existing Structure Historic House: ❑Yes ❑No On Old King's High6ay: ❑Yes_ ❑No Basement Type: Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full:existing new Half:existing w > Number of Bedrooms: existing new �" c:_ 0 jTotal Room Count(not including baths):existing new First Floor Roo Count `•� ca r 0" Heat Type and Fuel: �Gas ; ❑Oil ❑Electric ❑Other Central Air: ❑Yes I No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑No Detached garage:❑existing ❑new size Pool:❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial ❑Yes ❑No If yes, site plan review# I Current Use Proposed Use BUILDER INFORMATION -3"65 7 61 Name tr c Telephone Number Address �✓ License# d� 9 L O V v t Ir 2 0,2 3 2 Home Improvement Contractor# s Worker's Compensation# ALL CONSTRUCTION DE R S RESULTING FROM THIS PROJECT WILL BE TAKEN TO j SIGNATURE DATE ^ FOR OFFICIAL USE ONLY P, PERMIT NO. DATE ISSUED MAP/PARCEL NO. I ADDRESS VILLAGE OWNER ; i DATE OF INSPECTION: -FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING (Q DATE CLOSED OUT ASSOCIATION PLAN NO. r , J 1 rI' 'f i� C- �r t- � �;- .\\ ,, .� � \ .L w l/ /J. `� t ` 1 �t t `\ _�` rr / � ` i_1 �� �. � - ��s \� D ' u� _ _ - �� r � �+ �...-- _ - rs- --J.�� __ - - �.n#y��_ _ YG�- :'F: _''�_� r��� '* i �r u � ,-.,1 ,t , r- ,, /, � -, _.- �,r: �� ��y �yy,. _ �'- :..1. _� � C- _ - - •J 'r � -��' . l �/ ���- �� 4` ,��� ." , ;�,'" ,� �� _ �.. y 4 ry i Wi�i:i,' {;'i� ''�'�2.',.l1)�.JI�1 i_i_����{..�:di ',�_,_// //^` f l . �/•�� ,, � a- ` . �•' ` c� -AkI 1 r/ '� . . �;.�• :� .ate. �:"'�' _ .� F � Y ti..` �jay R �{� ��`7 > `'#i�Vwn mod" � T' '�.+�Vr.rH - 1-� �. y�w.o- 'agV's ', .e.i i. _\ �.� s� ��-�,f �j \, � 1�� /� � . �''� ''' � G - 1L `�/ �� � ����'�Y.WI Ii � a; '� � L ! J ��• , �� ..7i 4 3 4a a: Y . l if ,y G I�- \' I C The Commonwealth ofllfassachusetts F ( ' Department of Industrial Accidents Office of Investigations 1 600 Washington Street g Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name{Business/Organizatiowlndividual): 0,013 66(n c , &� /�11� � Address: 45 �r �Al� Jr, ' City/State/Zip: �` d Z� P ��r ��I�� - Phone#: d'100 Are you an employer?Check the appropri to box: Type of project(required): 1.❑ I am a employerwith 4. I am a general contractor and I * have hired the sub-contractors 6. ❑New construction employees(full and/or part-time). 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 1 7• Remodeling ship and have no employees These sub-contractors have 8; ❑Demolition working for me in any capacity. workers' comp.insurance, g; ❑Building addition [No workers' comp. insurance 5. ❑ We are a corporation and its required.] officers have exercised their 10. Electrical repairs or additions q ] 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' comp.insurance required.] 13.❑ Other' *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such, tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lie.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a . fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify u d r the pains and penalties of perjury that the information provided above is,true and correct Signature:, UL V Date: r� Phone#: 7 - O 10 v Official use only. Do not write in this area, to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3. City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: r V J Infprmati®n and Instructions All ,. Massachusetts General Laws chapter f52 requires all employers to provide workers' compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer, or the receiver or trustee of an individual-,partnership, association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152-, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers' compensation insurance, If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Deparlment.of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy.information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Iuvestiga,tions 600 Washington Street Boston,ILIA 02111 Tel. 9 617-727-4900 ext 406 or 1-8.77-MASSAFB Revised 5-26-05 ►,` Fax.4 617-727-7749 wwwxaz ss.gov/dia �c�� — GGNT12 ft-c—?�i25 r1��7 t/C i AyJ s-v 7407 PLcJ,,v7arNy' - rrUuxs ssa�?�s I sht� I I I it I I I ,. II i MoFtNME ati Town`of Barnstable Regulatory Services r • yBARNffAB M MASS Thomas F.Geiler,Director &639 r�06, Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder I, 'r i-VeS 1'C ��, as Owner of the subject property CA-PC-c o® C hereby authorizeA it((- o act on my behalf, in all matters relative to work authorized by this building permit application for: j �,wl ( ddress of Job) Signature caner Date a -c" Sew e T LL �- Print Name I Q:FORM&OWNERPERMISSION • / / `I t, `,cane pgRD of BU/ EB {, 7N�Um 0N RUpCDOgIL� U�G SCS E RI/jST fR913 5. . 1.959 FR Rae �8 z8 i 24S SOK QYIN L e � Tr,no. �r CE ER, ,q}� � )� 913g� , 0 ne�.. 12/18/2006 11:02 7819861528 C A POWERS RAIJDOL.PH PAGE 01/01 ACQRb �. rb CERTIFICATE OF LIABILITY INSURANCE DATE(MMID20 ��13i2aa6 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOitN1ATICIN CHARI+ES A POWERS & SONS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 233 NORTH MAIN STREET ALTER THE COVERAGE AFFORDED 8Y THE POLICIES BELOW, RANDOLPH, MA 02368 INSURERS AFFORDING COVERAGE 781-96S-2800 INSURED CAPE COD CRAFTSMAN CO, INC 1. LlRFRA: ESSEX INSURANCE COMPANY FRANK DONOVAN INSURERS; AIM MUTUAL INS CO 245 SOUTH MAIN STREET INSURER 0: CENTERVILLE, MA 02632 flUSURERQ INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITICN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR POLIcr FFECTNE POLL EXP ON LIMITS LTA TYPEOFINSURANCE POLICY DATE rTY MlDbINY GENERAL LIABILITY EACH OCCURRCNCE s300, 000 X COMMERCIAL GENERAL LIABILITY I FIRE DAMAGS(Any one lire)_ f 5 0,0 0 0 CLAIMS MADE OCCUR I f 1 MBD:XP(,MY art 06rson) 8 r�r1 A 3CT7579 03 12/06 05/12/0^7 °ERSONA'_8AOy INJURY- Q00,000 3ENF.RAL AGGREGATE $6 0 0,0 0 0 4R,ft AGGREGATE LIMIT APPLIES PER: I PRODUCTS•COMPOP AGG S 3 0 0, 0 00 Li JECT POLICY PRO 7 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO — ALI.OAN=D AUTOS I BODILY INJURY SCHFDULEDAUTOS II(Per Demon) HRBD AUTOS BODILY INJURY l NON^W513 ALTOS (Par aaldarm — --- - PROPERTY DAMAGE I (Par aceldent CARAO£LIABILITY i AUTO ONLY.GA—ACCIDENT�I S _ ANY AUTO OTIQR THAN EA ACC a AUTO ONLY; AGO S EXCESS LIAIaILITY I RACH OCCURRENCE S OCCUR CLAIMSMADE I AGGREGATE 1 & DEDUCTIBLE S RETENTION S S WOWARS COMPENSATION AND TM T MYTATU- ERA EMPLOYERS LIABIUTr I PENDING 12/15 10 6 1+f G/15 10 7 F.L.5ACH ACCIDENT $10 0, 000 B I E.L.'011-AS--EA EMPLOYEE 1111, 000 G.L.DISEASE.POLICY LIMIT a 5 0 0t.000 OTHER DESCRIPTION OF OPERATIONS)LOCATIONSNEHICLFSI'EXCLUStONS ADDED BYENDORSF.MFNIPSPECIALPROVISIONS CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE AEOVE DESCRIBED POLICIES OF CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUINQ INSURER WILL BNOEAVOR TO MAIL DAYS WRITTEN TOWN OE'' BARN STABLE NOTICE TO THE CERTIFICATE IIDLb-R NAMED TO THE LEFT,OUT FAILURE TO DO 80 SHALL TOWN HALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AcItNTS OR BARNS TABLE, MA 02630 REPRESENTATIVES, AUYHORi2ED REPRESENTATIVE .. 04 ACORD 26S(V97) ALARD CORPORATION 1988 Permit# Permit Date REScheck Software Version 3.7 Release 1 b Compliance Certificate Project Title: Renovation 2nd Floor Report Date:11/01/06 Energy Code: Massachusetts Energy Code Location: Hyannis,Massachusetts Construction Type: 1 or 2 Family,Detached Heating Type: Other(Non-Electric Resistance) Glazing Area Percentage: 15% Heating Degree Days: 6137 Construction Site: Owner/Agent: Designer/Contractor: 278 Main St. Tate Isenstadt Hyannis,MA 02601 P.O.Box 796 Hyannisport,MA 02647 .�� ;sa �4�'.� 4t*"�'�'._=. 4,< .4."� tom'.._ ,- .�. _ .�. ..�.. �_:.,. .... g. ,; .,;,._ � v>..s..,�r✓ Ceiling 1:Flat Ceiling or Scissor Truss: 1800 30.0 0.0 63 Ceiling 2:Cathedral Ceiling(no attic): 210 21.0 0.0 10 Wall 1:Wood Frame,16°o.c.: 1975 13.0 0.0 134 Window 1:Vinyl Frame:Double Pane with Low-E: 280 0.350 98 Door 1:Solid: 40 0.310 12 Door 2:Glass: 20 0.320 6 Furnace 1:Forced Hot Air.88 AFUE Compliance Statement:Statement of Compliance:The proposed building design described here is consistent with the building plans,specifications,and other calculations submitted with the permit application.The proposed building has been designed to meet the Massachusetts Energy Code requirements in REScheck Version 3.7 Release 1 b and to comply with the mandatory requirements listed in the REScheck Inspection Checklist.The heating load for this building,and the cooling load if appropriate,has been determined using the applicable Standard Design Cond' s found in the Code.The HVAC equipment-selected to heat or cool the buildin II be no greater than 125%of the design I ecified in Sections 780CMR 1310 and J4.4. Builder/Designer Company N&e Date 1 Renovation 2nd Floor Page 1 of 4 i t. REScftok Software Version 3.7 Release 1 b Inspection Checklist Date: 11/01/06 Ceilings: ❑ Ceiling 1:Flat Ceiling or Scissor Truss,R-30.0 cavity insulation Comments: ❑ Ceiling 2:Cathedral Ceiling(no attic),R-21.0 cavity insulation Comments: Above-Grade Walls: ❑ Wall 1:Wood Frame,16"o.c.,R-13.0 cavity insulation Comments: Windows: ❑ Window 1:Vinyl Frame:Double Pane with Low-E,U-factor:0.350 For windows without labeled U-factors,describe features: #Panes Frame Type Thermal Break? Yes No Comments: Doors: ❑ Door 1:Solid,U-factor:0.310 Comments: ❑ Door 2:Glass,U-factor:0.320 Comments: Heating and Cooling Equipment: ❑ Furnace 1:Forced Hot Air.88 AFUE or higher Make and Model Number: Air Leakage: ❑ Joints,penetrations,and all other such openings in the building envelope that are sources of air leakage must be sealed. ❑ When installed in the building envelope,recessed lighting fixtures shall meet one of the following requirements: 1• Type IC rated,manufactured with no penetrations between the inside of the recessed fixture and ceiling cavity and sealed or gasketed to prevent air leakage into the unconditioned space. 2. Type IC rated,in accordance with Standard ASTM E 283,with no more than 2.0 cfm(0.944 Us)air movement from the the conditioned space to the ceiling cavity.The lighting fixture shall have been tested at 75 PA or 1.57 Ibs/fl2 pressure difference and shall be labeled. Vapor Retarder: l ❑ Required on the warm-in-winter side of all non-vented framed ceilings,walls,and floors. Materials Identification: ❑ Materials and equipment must be identified so that compliance can be determined. ❑ Manufacturer manuals for all installed heating and cooling equipment and service water heating equipment must be provided. ❑ Insulation R-values,glazing U-factors,and heating equipment efficiency must be clearly marked on the building plans or specifications. Duct Insulation: ❑ Ducts shall be insulated per Table J4.4.7.1. Duct Construction: Renovation 2nd Floor Page 2 of 4 ❑ All accessible joints,seams,and connections of supply and return ductwork located outside conditioned space,including stud bays or joist cavities/spaces used to transport air,shall be sealed using mastic and fibrous backing tape installed according to the manufacturers installation instructions.Mesh tape may be omitted where gaps are less than 1/8 inch.Duct tape is not permitted. ❑ The HVAC system must provide a means for balancing air and water systems. Temperature Controls: ❑ Thermostats are required for each separate HVAC system.A manual or automatic means to partially restrict or shut off the heating and/or cooling input to each zone or floor shall be provided. Heating and Cooling Equipment Sizing: ❑ Rated output capacity of the heating/cooling system is not greater than 125%of the design load as specified in Sections 780CMR 1310 and J4.4. Circulating Hot Water Systems: ❑ Insulate circulating hot water pipes to the levels in Table 1. Swimming Pools: ❑ All heated swimming pools must have an on/off heater switch and require a cover unless over 20%of the heating energy is from non-depletable sources.Pool pumps require a time clock. Heating and Cooling Piping Insulation: ❑ HVAC piping conveying fluids above 120 degrees F or chilled fluids below 55 degrees F must be insulated to the levels in Table 2. Renovation 2nd Floor Page 3 of 4 1 r Table 1:Minimum Insulation Thickness for Circulating Hot Water Pipes Insulation Thickness in Inches by Pipe Sizes Non-Circulating Runouts Circulating Mains and Runouts Heated Water Temperature("F) Up to 1" Up to 1.25" 1.5"to 2.0" Over 2" 170-180 0.5 1.0 1.5 2.0 140-160 0.5 0.5 1.0 1.5 100-130 0.5 0.5 0.5 1.0 Table 2:Minimum Insulation Thickness for HVAC Pipes Fluid Temp. Insulation Thickness In Inches by Pipe Sizes Piping System Types Range("F) 2"Runouts 1"and Less 1.25"to 2.0" 2.5"to 4" Heating Systems Low Pressurefremperature 201-250 1.0 1.5 1.5 2.0 Low Temperature 120-200 0.5 1.0 1.0 1.5 Steam Condensate(for feed water) Any 1.0 1.0 1.5 2.0 Cooling Systems Chilled Water,Refrigerant and 40-55 0.5 0.5 0.75 1.0 Brine Below 40 1.0 1.0 1.5 1.5 NOTES TO FIELD:(Building Department Use Only) I Renovation 2nd Floor Page 4 of 4 s � I 1 ' The Commnwealth of Massachusetts Department of Industrial Accidents Office of Investigations ' 600 Washington Street Boston,MA 02111' w)4.mass.gov/dia ' Workers"Compensation Insurance Affidavit: Builders/Contract�r ectrici lumbers Applicant Information ease Print Legibly Name(Business/Organization/Individual): Z'EV IS /TN. � S i-of G2Mi CL 11" i Address: 7.57 /�i��� �C�/� � City/State/Zip: 64-,< >< Phone.#: SII '-9911 Are you an employer?Check the appropriate bog: 4. am a general contractor and I :Type of pioject(required):, 1,❑ I am.a employer with I❑ g 6• ❑New construction. employees(full and/or part-time)' art time): • have hired the sub-contractors 2 I am a'sole.proprietor or partner- listed on the-attached sheet. 7. 0 Remodeling ship.and have no employees These sub-contractors have g• .❑Demolition orking for me in any capacity. employees and have workers' v co insurance.$' 9. 0 Building addition [No workers comp,insurance comp. required.] 5. ❑ We are a corporation and its 10.❑•Blectrical repairs or additions '3.❑ I am a homeowner doing ill-work . officers have exercised their 11.❑Plumbing repairs or additions ' myself, o workers'co right of exemption per MGL Y � n?P� 12,❑Roof repairs . . insurance.required.]t c. 152, §1(4),and we have no employees. [Na workers' 13.❑ Other comp•insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners.who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. *Contractors that check this box must attached an additional sheet showing the name of the Sub-contractors and state whether ornot those entities have employees. If the sub-contractors have employees,they must provide theif workers'comp,policy number. lam an employer that is providing workers'compensation insurance for my employees. Below is.the policy and job site' information. Insurance Company Name: Policy#or Self-ins.Lic•#: Expiration Date: lob Site Address: .��t3 './�'J/�i� 3l, City/State/Zip:�/�ti/yt.�/,� 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 WORKARDER 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 the pains and penalties of perjury that the information provided above is true and correct. Si ature: i � �1 Date Phone#: <a 8- '67 '70 Official use only. Do not write in this area, to be completed by city or town official, City or Town: ' Termit/License# Issuing Authority(circle one): A.Board of Health 2•Building Department 3. City/Town Clerk 4.Electrical Inspector 5•Plumbing Inspector 6.Other Contact Person: Phone#: 11110MIULIU11 U11AU 1UNLI LitUUU115 Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. *. Pursuant to this statute, an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer, or the receiver or trustee-of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to'operate a business or to construct buildings in the commonwealth for any applicant who has not pro.duced•acceptable evidence of compliance with the insurance coverage required." . Additionally,MGL ehapter..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 evidenc6 of,compl%atrce Pyithtlie insurance' been resented*to the co authority.." requirements of this chapter have b p g q P Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,it necessary,supply sub-contiactor(s)name(s),address(es)and phone number(s)along with their certificate(s) of insurance. Limited Liability Companies'(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members'or partners,are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit.or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers,' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate-line. City or Town Officials Please be sure that the affidavit is complete'and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all-locations in - (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bum leaves-etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have-any questions, please'do not hesitate to give us a call. The Department's address,telephone-and fax number:: ne CGinmouwWth of Mmaf,'.uwds Department of lndusWal Accidents Office of Investigations 600 Wasbingtad Stmet B'6ston:ILIA 02111 - T el.#617.727-49-00 ext 406 or 1-8E77-MASSA:FF Fax#617-727-7749 Revised I1-22-06 wwwma g6v/dla f` TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION ice- ,4 PJ _arcel o Permit# 9ealth_Divisio`n_7 ,S ? ()� "'"- Date Issued 9 / A -<- C-on—se r_v—at ion.Division_ 5 Application Fee �Q d Tax Co9lector Permit Fee S-O Treasurer Planning Dept. CONNECTED SEWER ACCOUNT Date Definitive Plan Approved by Planning Board #�t) Historic-OKH Preservation/Hyannis Project Street Address i/l/ s /gr,fuls Village , ✓� ByJ S I Owner 11 PEC J 1 ,AL/�7m vine T5 Address �,®• DC 9 Telephone ��3 ' 6"7-0 �� �2 71r)-fi, a�& Y Permit Request ILLS)06- nlery Lj Gam'/Si�/i tG oV97L L Square feet: 1st floor: existing nv proposed - 2nd floor: existing r dd proposed "®` Total new - Zoning District Flood Plain Groundwater Overlay Project Valuation vv o Construction Type 12_�,_i" DeU•_ Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) 1/10 M m&-x ct/'t(, Age of Existing Structure Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes ❑No Basement Type: ;,•Full ❑Crawl ❑Walkout Cl 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 -Jyu& � IPJSiOra Heat Type and Fuel: ❑Gas ❑Oil ❑ Electric ❑Other Central Air: ❑Yes LJ No Fireplaces: Existing -z5- New Existing wood/coal stove: ❑Yes No Detached garage:❑existing ❑new size Pool: ❑existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new sizeA Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial Yes ❑No If yes,site plan review# Current Use /5d.s a-5s _Proposed Use A)O 6-AAL l,'k-L " $UILDER7INFORMATION1:7 Name .10,I'v /iUOd;�> J ! y Ci Telephone Number 6-DE FI3 S,�c9-0 Address 39 &-V2 /_yN e,1 P-C46 License# CS o G a GGV: /YlX- 6Z 6 3A Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO Z_66,41e_ L�7✓® ;/'/ SIGNATURE DATEJV a FOR OFFICIAL USE ONLY PERMIT NO. u ' DATE-ISSUED MAP/PARCEL NO. P ADDRESS VILLAGE OWNER ` DATE OF INSPECTION: FOUNDATION FRAME _ - 17 INSULATION FIREPLACE ELECTRICAL: ROUGH C FINAL PLUMBING: ROUGH FINAL i71 GAS: ROUGH FINAL n� FINAL BUILDING - s� DATE CLOSED OUT ASSOCIATION PLAN NO. { The Commonwealth of Massachusetts • - Depart ment of Industrial Accidents _ ON168811�1i�sd�dells' ., 600 Washington Street - Boston,Mass. 02111 Workers' Com ensation Insurance Affidavit-General Businesses i� rir name: ^•.,t• .`� _ �.:�.;- "GC.�hd ^ • , " • - address:i ctt� state � /�i� zav' ' f ��rooae# work site location full ad as ❑ I am a sole proprietor and have no one Business'IYpe: ❑Retail ElRestaurant/Bar/Eating Establishment working in any capacity ❑Office❑ Sales(including Real Estate,-Autos etc,) ❑I am an em toyer with employees full& art time). ❑Other II am an employer providing workers, compeosation for my,employees working on this job, com an •name: . . . �:' . . ;:,. ;,x` ,`+:•�;• ..t•• •- hone#:•.. insurance.co: I am a sole proprietor and have hired the independent contractors listed below who have the following workers' compensation polices: com''an n'amee oddicessd :?4:y. , city-. �; �; M7�' ,y f,;• .. •tip; :.;;.• insurance co. • - / y//////,/y//� coin'eri.r iieiiie: ,fit,"'' •i •.�• .. l„ address: • ..r .. _ hone# Fallure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of crimiasl penalties of a fine up to$1,500.00 and/or one years'imprisonment as well a,civil penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me.I understand that g copy of this statement maybe forwarded to the Office of Investigations of the DlAfor coverage verification. I do hereby cerfi under the pains and penalties of perjury that the information provided above is true and correct 5i at off— D/ '- Print nmae Phone# official use only do not write in this area to be completed by city or town official city or town: permit/license# ❑Building Department []Licensing Board ❑check if immediate response is required ❑SeJectmea's Office ORealth Department contact person: phone#; ❑Other qv (sevned Sept 2oM) Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers'compensation for their employees. As quoted from the"law", an employee is defined as every person in the service'of another under any contract of hire, express or implied, oral or written. An employer is defined as an individual,partnership,association,corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership, association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. VIA Applicants Please fill in the workers' compensation affidavit completely,by checking the box that applies to your situation. Please supply company name, address andphone numbers along with a certificate of insurance as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. �The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regardin$the"law' or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. IN City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill.out in the event the Office of Investigations has to contact you regarding the applicant Please be size to fill in the permit/license number which will b'e used as a reference number. The affidavits maybe returned to the Department by mail or FAX unless other arrangements have been made.- The Office of Investigations would like to thank you in advance for you coop eration 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 emn of westlpauent 600 Washington Street. Boston,Ma. 02111 fax#: (617)727-7749 phone#: (617)727-4900 ext.406 i � o . COMMERCIAL BUILDING PERMIT FEES APPLICATION FEE New Buildings,Additions $150.00 Alterations/Renovations $100.00 _f y- D s Building Permit Amendment $50.00 FEE VALUE WORKSHEET NEW BUILDINGS square feet x$140.00/sq.foot= x.0081= ALTERATIONS%RENOVATIONS OF EXISTING SPACE square feet X$96/sq.foot= �i d O O X.0081= STORAGE BUILDINGS ONLY square feet X$32.00/sq.foot= X.0081 1 Commprojcost Rev:063004 14 r � OiA�•4�'$ I , IN01 jau bgl•., r_ �. censer CO,NSTR6,61 0, SlJPERVISOR Vgubw 06282,2 gjit 'date. '-}965 Tr.no: 359.0 38 EVELYN CIR ..- f CE,T8RVCLLE, Coenmissfoner r s i • I 3 ,X7 Assessor's map and lot num er ............... ........e Sewage Permit number ........... ................. y�FTMETp�i TOWN OF BAR.NSTABLE BASb9TADL&, i �` M639 BUILDING INSPECTOR �F0INA a r �r APPLICATION FOR PERMIT TO TYPE OF CONSTRUCTION ...... .1. ....... .................................................................✓ 6 ....?...19..7.3 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location .................�...... .....a." ............................................................................................... ProposedUse ............�C .Q ..s� .\... ................ ,...� ..�................ �. .......................................... Zoning District .............................Fire District ... � c �� -( � ,� c 1�c j o- vl'a, •c VAN cQ �1��54 C�--A' .�' Name of Owner .................................. ...a.V...... ..... ...Address ......... Name of Builder ..... .................................Address .. ... .. !.fC!t. v.......... ..�... . ........... � Nameof Architect .........................................':........................Address ..............(...................................................................... Numberof Rooms ..................................................................Foundation..1. ...V\..................................................... Exlerior ..............G.. ...........:.................................................Roofing .......... ............. ................................................. Floors ..............................................................Interior .........�-y...........AY . k .11 Heating .. rQ— ...L...........`�,......�......:.�.� ..''! Plumbing ......�L................... . ..... .................. Fireplace ............................................................... .:............Approximate Cost ......... .i .. ....................................... ,. Definitive Plan Approved by Planning Board --------------------------------19--------• Areo /mot...v.. d..... .%� Diagram of Lot and Building with Dimensions Fee ............................................. SUBJECT TO APPROVAL OF BOARD OF HEALTH 3y7o Ct r' ry / 0 1 hereby.agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name ..........�^..!�...................'�;�`.'"�1....................... Dumont's pharmacy, Inc. ' f No ..16303..:.Permit for f..,, add to commercia? building.................................................... r locationVi?? Street .........................�,nnnis...................................... Owner Ihunont's Pharmacy, Inc. j N. i masonry Type of Construction .� Y f f Plot ............................ Lot ........................ _ Permit Granted JRl7lQ...�,�......._. ..'?19 73 •� ~` - _ , .......... .... .. �,� s Date of Inspection .. .. ?',....... :.!ti..r..... 19 Date Completed 3��/ .�l . PERMIT REFUSED _ ....................................................... .............. ............................................................................... ............................................................................... •. a y i i Approve ................................................. ............................................................................... ---� I � .................... ...........................................•............ A ' TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION X G Map_� Parcel ;�r:'� C� a A Permit# � l ,-3 6 ` fir ;TABLE 6 /�' O 3 Health Division Date Issued Conservation Division ? PVC �r { 3 1 Application Fee Tax Collector' Permit Fee 50, 0 d Treasurer Planning ; Date Definitive Plan Approved by Planning Board v h ip v v Historic-OKH Preserva' n yannis Project Street Address d79 M.4rN S i� �r Village 0YA14NrS Owner K D A ga-1:-F-1 17u sr Address t 144 Telephone 50$-4go 60Y Permit Request CC HoF & $-i Sv Ig 9/i-ce Square feet: 1st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuatio 7 d 55 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 Historic House: ❑Yes ❑No On Old King's Highway: ❑Yes ❑No 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:Cl existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ Commercial 5/Yes ❑No If yes, site plan review# Current Use Proposed Use BUILDER INFORMATION Name ���PM Telephone Number Address /Mftt� �� License# Lost-72i(► tic, /,0/? 0655 Home Improvement Contractor# Worker's Compensation# CAW el 14 010 5;, ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO SIGNATURE DATE .4 � I s FOR OFFICIAL USE ONLY r E � PERMIT NO. ` DATE ISSUED ti MAP/PARCEL NO. 4 ADDRESS VILLAGE OWNER _ y =f DATE OF INSPECTION: 1 FOUNDATION Y FRAME `y INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT t i S r ASSOCIATION PLAN NO. .- Hyannis Main Street Waterfront susree� t Historic District Commission ; 03 230 South Street fDj"�A Hyannis, Massachusetts 02601 Phone: 508-862-4665 /Fax: 508-862-4725. CERTIFICATE OF NON APPLICABILITY Application is hereby made, in triplicate, for the issuance of a certificate of non applicability under M.G.L. Chapter 40C, The Historic Districts Act, for proposed work as described below and on plans, drawings, or photographs accompanying this application. TYPE OR PRINT LEGIBLY - DATE ADDRESS OR PROPOSED WORK n77 e /VI#-1A -"T• ASSESSORS MAP NO. 3a7 OWNER K b A a—fi-G I1`� 3/' ASSESSORS LOT NO. HOME ADDRESS /-d• .910 ke 0S 252-Vt'l16 / Q,4 5j TEL. NO. Soe' Z/oZ 4-601012tf AGENT OR CONTRACTOR C�('i• M' ADDRESS gZ Jy1/4v� -s�; C)SP��U j7L, �¢ o�S� TEL NO. This_application is for exemption of proposed exterior construction on the ground that: (1)It will not be visible from any way or public.place. . . . . ❑ (2)It is within a category decfared entitled to exemption by The Hyannis Maln'Street Waterfront Historic District Commission. (Check-applicable box) PROPOSED WORK.- Describe and furnish plan of proposed work,.showing location on lot,.and if an addition is involved, showing.location of existing building. i.N y- G�04-cJ'Q-� rL. `i X?-r -G 14,41 --� 14t6 i A'�-cV� FR> 4-' �X P9 44 t-An u r -Ale S. SIGNED Space below line for Committee use. ,p1, ,4 XZtractor-Agent �U Received by H.D.C. The Certificate is hereby �eprwvc'L d Date- Time BY Date Approved ❑ Disapproved .- k f}5'J.twtl y xr. - #.x t4,�Sid,?r 5 �'• 'k't. »,' �a��s y.�.fr•+ z s'z*w. yk4.Na`u`iFa' at r s-rxa+ A i.r A,+r.,. ya�a '� 'F' `' `�;'• i ;-...v`""'".' ' c 'j �."�^`' g��a a �{�,+� �a ��'� �,.��'�.�,{_ �k•'��"�y�c� .._- `^�',. "=;k4 ,xM ���� _�-�`R `fir `",�s�'� f a � 4c u a )^:F'�,�5,� .v1_�x���F.'�.'���_. � .�", -42 .. �A•w S�Hy.�i -. 1 1� `�''^w, ,i a t._ r" •K'' -r .,b,a .� g.; �' d. 3 ` i _ 7`,r, ra',e. , ¢ n � �` q� L d .. M1 - k $� g' rd.. 1 i� N ,+ .yam., 1� � t "< Pam+ yY"K -�'� r } f ,t f f � P ✓kr� 6.�' xx 3 i '�'t T '�. 1 �. F. r ti ,�t`� �Y ,,.�`ti t rs ,.�,-4 y t+-r-"`---o,.as'�+rir�a-•— aa- �,'. ` `f ti`'<"ry � � �y at: }:. RM 3 f X A i b iY 04 I J t ' q, ��4 s "'�, ice, � Prl it ''�d's�r F `" •9- },-t Y � �e x 1 "4 t � � s - ', ,] i sTt vir-'�. c ,1'sk 'a1 e ws4 rfF b, x}, ,�.�.. - v ] t� F fsa .ct 3' ye- r �" a�.5 3 k k kl 5 �1 1 �"' a,'x ;id"'" t i h fi. r r T v '3^�.1- n .'•r ra:-t x '-z., 'r1 '�pg 5. - .: d, .Y,' ;.`MA °tea..,. c'� p.5r +� ,, .'�::�'�':r's - zp r5, w,"6s -' -•ate =,Ay„4 y=r �.+, t r ".3:^x�'�k J+?"r"` AM�•�i�g�'��-fi�e�� Y { �s ° -=�c °""`k Va Int SO 11125 V 7 l tS b 1.f f7, .,. ... wYz `�' J E j � §,C`•d'r� 4 �- � scr >q. S J M k 1 hn c a z:. -.u� � ,�� � t :'�' �a #'.'� tF t z+ 4 rr� r r I t . •+ 4 y M1 > { r a t s - 1 ram:' ry N x l 75 gp, KDA REALTY TRUST 832 MAIN STREET OSTERVILLE. MA 02655 June 10, 2003 Town of Barnstable Building Dept. 367 Main St. Hyannis, MA 02601 To Whom It May Concern: Re: 278 Main Street Please be advised that we,the owners, of 278 Main Street do hereby give permission to CCIPM to do the necessary roof work. Should you have any questions, please do not hesitate to contact our office at 508 420- 6284. Since l/10 y, Kerry cNamara KDA Realty Trust t r► ,GUARDr � / Workers Compensation and Employer's Liability Policy rp1 NorGUARD Insurance Company ;, INSURANCE Policy Number CAWC401052 ' Renewal of CAWC301186 GROUP NCCI No. [25844] Policy Information Page Endorsement [1] Named Insured and Mailing Address Agency CAPE COD &ISLANDS PROPERTY DOWLING &O'NEIL INS AGY MANAGEMENT, INC. 222 West Main Street P.O. Box 1144 P.O. Box 1990 Osterville, MA 02655 Hyannis, MA 02601 Agency Code: MADOWL10 Federal Employer's ID 04-3124157 Insured is Corporation Risk ID Number 000096431 Locations Other Than Above (L1) 381 Old Falmouth Road, Marstons Mills, MA 02648 [2] Policy Period From January 15, 2003 to January 15, 2004, 12:01 AM, standard time at the insured's mailing address. Endorsement FEndorsement #, effective on the date shown below, 12:01 AM, standard time, changes the d items. All other terms and conditions of the policy remain unchanged. 90614 - FORMS AND ENDORSEMENTS - Eff. 01/15/2003 [3] Coverage A. Workers' Compensation Insurance - Part One of this policy applies to the Workers' Compensation Law of the following states: Massachusetts B. Employer's Liability Insurance - Part Two of this policy applies to work in each of the states listed in item [3]A. The limits of our liability under Part Two are: Bodily Injury by Accident- each accident $100,000 Bodily Injury by Disease - each employee $100,000 Bodily Injury by Disease - policy limit $500,000 C. Other States Insurance - Part Three of this policy applies to all states, except any state listed in item [3]A. and the states of North Dakota, Ohio, Washington, West Virginia, and Wyoming. D. This policy includes these endorsements and schedules: See Extension of Information Page - Schedule of Endorsements [4] Premium The Premium Basis and, therefore, the premium will be determined by our Manual of Rules, Classifications, Rates, and Rating Plans. All required information is subject to verification and change by audit. (Continued on another page) Total Estimated Policy Premium $ 1,370 Total Surcharges/Assessments $ 51 Total Estimated Cost $ 1,421 INTERNAL USE xx Page- 1 - Endorsement MGA :CAWC401052 WC890600 Date : 04/16/2003 P.O.BOX A-H,WILKES•BARRE,PE.NNSYLVANIA 18703 The Commonwealth of Massachusetts Department of Industrial Accidents Office of/ayesauffflQs _ 600 Washington Street Boston,Mass. 02111 Workers' Co5 pensation Insurance Affidavit name; dJ/� l Y '`IU S C location ci /IV�Nd 3 hone all work myself. [] I am a homeowner performing 3's I am a sole r rietor and have no one workin in ca acitp //%%%/%a sal // %%%%��///O% %%/%%%%%/////%%/%%%%///////�%%�%%%%�////////%//�%//�/�//ice. rkers' co ensation for my employees working on this job. {:•}}vv••wf,.,�,,.h.��;4 ��4, t•w,. din wo mP <;{}; n}:••• <:<>`::}}h•v,;>:.y. ::., >?• I 1 er IOvl g Ritt;;>,•�.},•.}..;{ v>::n::.r. :�.{,.. f:<.4: n �.•.}:: :,hr+•:�•:> em r::::.:Y:..: :.,..n• :•r. 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Imtdersf�d that a MUMM!� ties in the form of a STOP WORK ORDER one years'imprisonment as WEIL es dvil penal copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage veriScatton. I do hereby certify 'the pours penalties ofpeJury that the information provided above is trw and carted i Date signature Phone# Print name official u4G only do not write in this area to be ncompletea :city:ortown official peradtllicense# ❑Building Department city or town: ❑Licensing Board ❑selectmen's Office ❑check if immediate response is required ❑Health Department contact person: phone#; _ ❑Other r x Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the `law", an employee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. An employer is defined as an individual,,partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,Partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct.buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally,neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. 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 along with a certificate-of insurance as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should ygu have any questions regarding the'law'or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the P"rm' license number which will be used as a reference number. The affidavits may be retamei *fo the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions. please do not hesitate to give us a call. The Dep nerzt'Is address,telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents Me of fnvesugallous 600'Washington Street Boston, Ma, 02111 fax#: (617) 727-7749 _ .. ,___• __.. .,,,,,. ... .,,. IAA --- 7•,C I i Town of Barnstable Planning Department Staff Report KDA Realty Trust-Appeal Number 2000-23 Comprehensive Permit-MGL,Chapter 40B Date: March 10, 2000 To: Zoning.Board of Appeals From: Approved By: Robert P. Schernig,AICP, Planning Director Art Traczyk, Principal Planner. David Palmer, Principal Planner Applicant: KDA Realty Trust, Kerry McNamara,Trustee, Property Address: 278 Main Street, Hyannis, MA Assessor's Map/Parcel: Map 327,Parcel 099 Area: 0.13 acre Zoning: B Business Zoning District Groundwater Overlay: AP- Aquifer Protection District Filed:-February 16,2000 Hearing:March 15,2000 Decision Due:40 days from close of public hearing Background: The property that is the subject of this Chapter 40B-Comprehensive Permit is a 0.13 acre lot on the northwest comer of Center and Main Streets in Hyannis. It is presently improved with a two--story commercial building listed as a store/shop on the assessor's field card'. The building was previously the site of a pharmacy on the first floor and 7 apartment units on the second. The'building has been vacant for approximately 4 years. The property is located in a B Business Zoning District and is serviced by public water and sewer. The applicant is proposing to remodel the interior of the building for 6 affordable studio apartments on the second floor and a commercial tenant on the first floor. All of the 6 apartments would be affordable units. List of Materials Submitted: 1. Application for Comprehensive Permit Town of Barnstable.Clerk Office date stamped Feb. 16, 2000, including Attachments a) Copy of Town of Barnstable Assessors Card -print dated 12/06/1999, b) Copy of Site Plan with Site`Plan Review Committee Approval-approval date 10-20-99 , c) _ Proposed"layout of apartment units d) Copy of a letter from The Arc of Cape Cod to Kerry McNamara, dated October 22, 1999 supporting the project. Letter is signed by Lisa Chamagne, Housing Coordinator, e) Letter from Barnstable Housing Committee dated January 18, 2000 to Emmett Glynn, Chairman ZBA supporting an earlier variance and special permit request and encouraging the Chapter 40B application. 'According to assessor's records dated 12/06/99 r 'Vown of Barnstable-Planning Department-Staff Report KDA Realty Trust-Appeal Number 2000-23 Comprehensive Permit-MGL,Chapter 40B f) Letter from Cape Cod Bank and Trust, to Kerry M. McNamara, Trustee KDA Realty Trust dated February 11, 2000 expressing interest in financing the project using Federal Loan Bank of Boston's New England Funds(NEF). Letter signed by James M. McEvoy, Senior Vice President. g) Copy of a record Mortgage(Bk. 12374, Page 008)date stamped 06-29-1999 to Cape Cod Bank and Trust from KDA Realty Trust. h) Copy of Site Plan Review minutes of October 28, 1999 showing approval of the plans. 2. Copy of a signed Regulatory Agreement dated February 15, 2000. 3. Agreement to Extend time limits for Holding a Public hearing on the Comprehensive Permit signed by Kerry McNamara dated February 16, 2000. 4. Copy of Zoning Board of Appeals Memorandum, dated February 18, 2000, to various agencies requesting review and comment of the project. 5. Copy of Legal Notice for the Public Hearing of March 15,2000 (Proof of Publication). 6. February.22, 2000 e-mail note from Rob Gatewood, Conservation agent citing that Conservation Commission had no jurisdictional interest in the proposal. 7. February 24, 2000 letter from Town of Barnstable, Collector of Taxes stating that the fiscal 2000 real estate taxes(installment due in December 1999)are not paid and requesting that the real estate taxes be required to be current as part of the approval. 8. February 28, 2000 letter from the Barnstable Housing Authority supporting the Comprehensive permit and citing the need for this type of housing. The letter asks that the units not exclude non-disabled individuals and that it be restricted to those making less than 80%of the median income. 9. A copy of the Quitclaim Deed recorded 06-29-1999 as Book 12374 Page 006 transferring the property from Citizens Bank of Massachusetts to KDA Realty Trust(as submitted in previous appeals by the applicant No. 1999-152 & 153). 10. March 03, 2000 Assessor's Office certification of Abutters List, inclusive of GIS area map with 300 foot abutter notification ring and a copy of the list of Abutters. 11.. March 9, 2000 letter from Robert Stahley, Chairman Planning Board stating Planning Board members were in favor of the proposal with some concern for size of units and number of occupants. Staff Comments and.Review: Review of Chapter 40B Standing: The first order of business for the Board should be a review of the application for Jurisdictional Requirements (Standing)-eligibility of applicant to apply for a Comprehensive Permit under MGL Ch. 40B. This roof is a th ree hree prong requirement: 1) the applicant shall be a public agency, non-profit organization or a limited dividend organization, 2) the project shall be fundable by a subsidizing agency under a low and moderate income housing subsidy program, and 3) the applicant shall control the site. • The applicant KDA Realty Trust has met the requirement of a limited dividend organization by signing a copy of the"Regulatory Agreement and Declaration of Restrictive Covenants,.Section III E 1, which states that"the aggregate profit from the project ... including developer's fees shall not exceed twenty percent(20%) of total.development cost of.the Project." • The applicant has identified funding would be from the Federal Home Loan Bank of Boston New England Fund (N.EF)through Cape Cod Bank and Trust, The bank has expressed its interest in this 2 ea . Town of Barnstable Planning Department Staff Report KDA Realty Trust-Appeal Number 2000-23 Comprehensive Permit MGL,Chapter 40B Date: March 10, 2000 To: Zoning.Board of Appeals From: .Approved By: Robert P. Schemig,AICP, Planning Director Art Traczyk, Principal Planner. David Palmer, Principal Planner Applicant: KDA Realty Trust, Kerry McNamara,Trustee, Property Address: 278 Main Street,Hyannis,MA Assessor's Map/Parcel: Map:327.Parcel 099 Area: 0.13 acre Zoning: B Business Zoning District Groundwater Overlay: AP- Aquifer Protection District Filed:-February 16,2000 Hearing:Mardi 15,2000 Decision Due:40 days from close of public hearing Background: The property that is the subject of this Chapter 40B-Comprehensive Permit is a 0.13 acre lot on the northwest comer of Center and Main Streets in Hyannis. It is presently improved with a two-story commercial building listed as a store/shop on the assessor's field card': The building was previously the site of a pharmacy on the first floor and 7 apartment units on the second. The'building has been vacant for approximately 4 years. The property is located in a B Business Zoning District and is serviced by public water and sewer. The applicant is proposing to remodel the interior of the building for affordable studio_ apartments on the second floor and a commercial tenant on the first floor. All of the 6 apartments would be affordable units. List of Materials Submitted: 1. Application for Comprehensive Permit Town of Barnstable.Clerk Office date stamped Feb. 16, 2000, including Attachments a) Copy of Town of Barnstable Assessors Card-print dated 12/0611999, b) Copy of Site Plan with Site'Plan Review Committee Approval-approval date 10-20-99 , c) Proposed layout of apartment units d) Copy of a letter from The Arc of Cape Cod to Kerry McNamara, dated October 22, 1999 supporting the project. Letter is signed by Lisa Chamagne, Housing Coordinator, e) Letter from Barnstable Housing Committee dated January 18, 2000 to Emmett Glynn, Chairman ZBA supporting an earlier variance and special permit request and encouraging the Chapter 40B application. 'According to assessor's records dated 12/06/99 ,a Town of Barnstable-Planning Department-Staff Report KDA Realty Trust-Appeal Number 2000-23 Comprehensive Permit-MGL,Chapter 40B f) Letter from Cape Cod Bank and Trust, to Kerry M. McNamara, Trustee KDA Realty Trust dated February 11, 2000 expressing interest in financing the project using Federal Loan Bank of Boston's New England Funds(NEF). Letter signed by James M. McEvoy, Senior Vice President. g) Copy of a record Mortgage(Bk. 12374, Page 008)date stamped 06-29-1999 to Cape Cod Bank and Trust from KDA Realt y Trust h) Copy of Site Plan Review minutes of October 28, 1999 showing approval of the plans. 2. Copy of a signed Regulatory Agreement dated February 15,2000. 3. Agreement to Extend time limits for Holding a Public hearing on the Comprehensive Permit signed by Kerry McNamara dated February 16,2000. 4. Copy of Zoning Board of Appeals Memorandum, dated February 18,'2000,to various agencies requesting review and comment of the project. 5. Copy of Legal Notice for the Public Hearing of March 15,2000(Proof of Publication). 6. February.22, 2000 e-mail note from Rob Gatewood, Conservation agent citing that Conservation Commission had no jurisdictional interest in the proposal. 7. February 24, 2000 letter from Town of Barnstable, Collector of Taxes stating that the fiscal 2000 real estate taxes(installment due in December 1999)are not paid and requesting that the real estate taxes be required to be current as part of the approval. 8. February 28, 2000 letter from the Barnstable Housing Authority supporting the Comprehensive permit and citing the need for this type of housing. The letter asks that the units not exclude non-disabled individuals and that it be restricted to those making less than 80%of the median income. 9. A copy of the Quitclaim Deed recorded 06-29-1999 as Book 12374 Page 006 transferring the property from Citizens Bank of Massachusetts to KDA Realty Trust(as submitted in previous appeals by the applicant No. 1999-152 8'153). 10. March 03, 2000 Assessor's Office certification of Abutters List, inclusive of GIS area map with 300 foot abutter notification ring and a copy of the list of Abutters. 11.. March 9, 2000 letter from Robert Stahley, Chairman Planning Board stating Planning Board members were in favor of the proposal with some concern for size of units and number of occupants. Staff Comments and.Review:' Review of Chapter 40B Standing: The first order of business for the Board should be a review of the application for Jurisdictional Requirements (Standing)-eligibility of applicant to apply for a Comprehensive Permit under MGL Ch. 40B. This proof is a three prong requirement: . 1) the applicant shall be a public agency, non-profit organization or a limited dividend organization, 2) the project shall be fundable by a subsidizing agency under a low and moderate income housing subsidy program, and 3) the applicant shall control the site: • The applicant KDA Realty Trust has met the requirement of a limited dividend organization by signing a copy of the"Regulatory Agreement and.Declaration of Restrictive Covenants,.Section III E 1, which states that"the aggregate profit from the project ... including developer's fees shall not exceed twenty percent(20%)of total development cost of the Project." • The applicant has identified funding would be from the Federal Home Loan Bank of Boston New England Fund (N.EF)through Cape Cod Bank and Trust, The bank has expressed its interest in this 2 r Town of Barnstable-Planning Department-Staff Report KDA Realty Trust-Appeal Number 2000-23 Comprehensive Permit-MGL,Chapter 40B proposal as cited in a letter of February 11, 2000(item 1g).2 Apparently there are a few items that still have to be clarified between the applicant and the Barnstable Housing Committee to assure that this project complies with those Town requirements as outlined in the recently adopted Comprehensive Permit Development Financed by the New England Fund of the Federal Home Loan Bank. • Staff has taken the liberty to enter into the applicant's'Comprehensive Permit file a copy of the Quitclaim Deed recorded 06-29-1999 as Book 1.2374 page 006 transferring the property from Citizens Bank of Massachusetts to KDA Realty Trust(item 8). If any of the above criteria is not met to the satisfaction of the Board, the applicant must be given at least 60 da to remedy the failure. Regulatory Agreement& Deed Rider. The Barnstable Housing Committee has refined the Regulatory Agreement and Declaration of Restrictive Covenants as well as Project Affordable Home Ownership Deed Rider. These documents were developed and drafted to protect affordable housing units within the Town. The Housing Committee feels that these documents can be implemented after the Comprehensive Permit is granted. If necessary,the Board can condition the permit upon these papers being executed to the satisfaction of the Housing Committee and the Town Attorney. A member of the Housing Committee will be present at the public hearing to address the Board on these documents. Relief Requested: From information submitted, it appears that the grant of this Comprehensive Permit would relief the applicant from the requirements of zoning as related to; • Section 3-3.1(1)Principal Permitted Uses-Section 3-2.1(1)(J) provisions'a'through 'h' -Multi-Family Dwellings (Apartments), and. • Section 4-2.9 Schedule of Off-Street Parking Requirements to allow the uses(apartment and retail/commercial)without the required parking. Need: The Barnstable Housing Authority's(BHA) letter of February 28, 2000 cited the need for affordable housing. According to that letter of Thomas K. Lynch, Executive Director, the states waiting list has some 376 applicants, of with 360 are looking for single units(one bedrooms/studios). The BHA letter further request that the units not be limited to development disabled only but be available to all individuals making less than 80%of the median income. The Arc of Cape Cod, a regional organization assisting development disabled persons to live ind ependently has cited In Its letter of October 22, 1999 that"Over the past year, it has become increasingly difficult for our-program members to find rental housing on Cape Cod." The Planning Department supports affordable housing,units for low income residents. The Local Comprehensive Plan further cites the need for affordable housing for"vulnerable-segments of the community". z Note: A recent appeal to the state Housing Committee on the use of the NEF funds has outlined the requirements an applicant must meet in order for the project to qualify as a Chapter 40B.The Barnstable Housing Committee has developed a set of guidelines for the NEF Projects in the Town of Barnstable. A copy is attached for reference. 3 Town of Barnstable-Planning Department-Staff Report KDA Realty Trust-Appeal Number 2000-23 Comprehensive Permit-MGL,Chapter 40B Strategy 5.2.3.4.of the Comprehensive Plan, Affordable Housing states: "Grant density bonuses upon site analysis for developments that provide all units as affordable for the vulnerable segments of the community: the elderly,very low income(50% of the county median income), single-family heads of households, racial minorities, homeless, disabled and others with special needs." Present Affordable Units: The Town of Barnstable has a total of 807 affordable housing units(1997)which represent 4.35% affordable housing stock within the Town. The State goal of MGL Chapter 40B and the goal of the Regional Policy Plan is to provide 10%of the housing stock as affordable housing units. This project proposes to be 100% (6 units)-affordable. Although small in number, it is a welcome addition.. Further more,the applicant has committed.and the Board can require that the units remain affordable in perpetuity by Deed Riders attached to all Comprehensive Permits. Land Use: The applicant is proposing the reuse and rehabilitation of an existing two story commercial building located at the intersection of Center and Main Streets. The first floor is to be devoted'to one commercial business tenant and the second to the creation of 6 affordable studio unit apartments ranging in size from 362 sq.ft. to 240 sq.ft. From a land use perspective the proposal-is ideally located for the proposed studio apartments. • The building is connected to public sewers and water. • It is located along existing transit routes and across for the proposed Intermodal Transportation Center. The site being downtown is in close proximity to public facilities and potential jobs. • It is anticipated that few of the tenant would have vehicles and that parking should not be an issue nor the intensification of traffic generated from the proposed reuse. • The creation of year round residence within the downtown is desirable and supported by the Local Comprehensive Plan. Sewers&.Wastewater Treatment: The building is connected with public sewers and the wastewater treatment plant. Nitrogen loading is not a concern with the increase density. In addition, new bypass.sewers are being installed in Old Colony Boulevard and in Center Street. This installation of bypass sewers is alleviating the flow within the existing sewers in the area and providing for a higher capacity. Six additional studio units will not present a problem for the capacity of the Wastewater Treatment Plant to handle processing. Site Plan Review: The applicant has been before the Site Plan Review Committee and the plan was found approvable by the committee on October 20, 1999. A copy of Site Plan with its approval signatures was contained-in the submittal (item 1 b). Proforma Review: No information has been presented to the file on the economic viability of the project-a Proforma. It is staff understanding that a proforma is being developed and will be presented to the Barnstable Housing Committee in the near future. According to the quitclaim deed, the property was purchased for$150,000 on June 29, 1999. 4 Town of Barnstable-Planning Department:Staff Report KDA Realty Trust-Appeal Number 2000-23 Comprehensive Permit-MGL,Chapter 40B To meet the requirements of affordable to low and moderate income persons, the cost.of housing (rent and utilities) is not to exceed 30%of 80%of the median income. The 80% annual median income for an 0 individual in Barnstable is pegged at$27,100 for the year 1999. This would translate to an affordable rent, inclusive of utilities, of not more than$677.00 per month. In addition, the US Department of Housing and Urban Development(HUD)further establishes area Home Program Rent Limits. In the Barnstable- Yarmouth area the range for an "efficiency" unit is$423 for"Low Home Rent Limit" and$465 for"High Home Rent Limit. Preliminary Suggestions of Possible Conditions: The following list is an initial draft of possible conditions to be included within the Comprehensive Permit if the Board should find to grant the permit. Staff would desire further input from the Board to refine this list of conditions. Staff,the applicant's representative and the Town Attorneys Office would further review proposed conditions and provide a final draft for the Board if the Board should desire it. 1. The development shall be constructed as represented to the Board and in accordance with plans presented. 2. The development.is restricted to no more than 6 studio units ranging is size from 240 sq.ft. to 362 sq. ft. on the second floor and one commercial/business tenant on the first floor 3. The development shall comply with all requirements of the Site Plan Review Committee which are as follows: • Trash disposal method to be approved by Board of Health. + Residential tenants restricted to single occupancy, affordable housing status. + Commercial tenant subject to Site Plan Review. 4. Property tax obligation shall be made current before this Comprehensive Permit is released for the Clerks Office. 5. All six units are to be rented to individuals who's income is under 80%of median income of Barnstable-Yarmouth Metropolitan Statistical Area (MSA). 6. . Rent for the units shall be based upon 30%of the individuals income but shall not exceed limits set by the US.Department of Housing and Urban Development"Home Program Rents", Barnstable Yarmouth MSA. 7. Renting of the units shall be open to all qualifies individuals. The units shall not be restrictive to development disabled only. 8. All requirements related to the use of the NEF funds and the Town of Barnstable Housing Committee Guidelines shall be meet to the satisfaction of the Committee and the Town Attorneys Office. 9. The applicant shall have recorded a Deed Rider, acceptable to the Town Attorney's Office,that commits the six(6) residential units to affordable housing in accordance with this Comprehensive Permit in perpetuity. 10. A Regulatory Agreement and Declaration of Restrictive Covenants as well as Project Affordable Home Ownership Deed Rider shall be completed and recorded by the applicant. These documents shall be recorded prior to any building permit being issued for the project and shall be approved by the Barnstable Housing Committee and the Town Attorney's Office. 11. The applicant shall pay a yearly compliance fee of$50.00 per unit to ensure that the terms and conditions of this permit are being upheld through the monitoring activities of the compliance officer. The applicant's obligation to pay this fee shall commence upon the issuance of an occupancy permit and shall be payable yearly on or before April 15`h of each year. 12. A sprinkler system shall be installed throughout the entire building for public safety reasons and shall comply with all fire code regulations with regard to the installation of sprinkler systems. Attachments: Ch.40B Application Copies: Petitioner/Applicant Assessor's Field Card GIs Map I 5 :s 300 For Board s°a"in . ,Perm.Application No. Date ReC'd Hearing g Date: TOWN OF BARNSTABLE 't' �..F 1 F, : :3 Zoning Board Of Appeals Town Hall. Hyannis, MA. 02601 APPLICATION for COMPREHENSIVE PERMIT (Made pursuant to M.G.L. Ch-40B. Secs. 20-23. and 760 C.M.R. 30.00.a 31.00) Note: Please submit fifteen (15) copies or pages 1 and 2 or this canpleted application roan and all accompanying plans and documents listed in Item 19.E together with a Check Barnstable I+s [Onlyone (1) Payable to Torn copy needs to be riled or documents rererred to in Items A_. 10-A.. 14-A. and 21-A.] Use supplemental pages if necessary to provide complete informatIon called for by any item in this application. indicating name or applicant (Item 2.) a name or development (Item 3.) on each such page, it an item is not applicable. please enter N/, PLEASE TYPE OR PRINT NEATLY ALL ENTRIES_ l Appiieant(name) {address & Lei.).... Q. .... . ..........�'?.g� lte.....�g',Qercr Y'Rc��d' `'r�..� STc.t................ �.. ... .............................................................. 2.Stag of aPPiiprit: (check one): Public Agency _" Non-Profit 0rg.' 2 A _; Ltd.- Dividend Org. .Attach documentary evidence of status. 3_ Name of proposed development.. 7$-,!;!�14 r►, 4_ Type of development (check one): New construction.. .. ... ........................ .. .. . ....... .. . . ... . Rehabilitation of existing structure(s)• i/ . S. Applicant's attorney;(name)......t9 9ng.... ..:. (address & tel:).... .... ............... % ................. ............................................ •r• _ ...............................•........................... ................................................... .... 6._Applicants architecUname) (address & Lei.).... ...... ..........:.:...:..............y� :.......... ..... ........:.. .... ....................... ........................... 7. Applicants ` ... ............................... (address.& tel.).................................... ..................... ................................... 8. Location or site by village and street(s)_..... .r sr ..5.r.:.... h► . 9. Fire :district a" water supplier:.....: 1".:..�.. ....::. ... ..::.......:....................�4 .....5......................... 10. Area or site is atreslsq.R.:. .....,S.�'�3 S,-._3 ' . 11. Assessors map, & Parcel MS..•ror site: ► ?...... Lo' '.. .9 9......................................................... ... 11-AAttach..cooy of assessors ma (s) showin .... . .-•..-•.•.-•.•.•"'"""""""""" ••••••• g parcel(s) comprising site. 12. Zoning District(5)of site .4am.. 4rG --....�r................................................. 13. is elimination or any existing streets) proposed? .11 V ............ 14_ Applicants in If so. give name(s)................................interest in site: (check one): Owner -Z; Option to purchase ; Contract to purchase.__ 14-AAttach documentary evidence of interest in site. 15_ Total number A --tf-type��or housing. iLs 'k�r►A.}- 4,V I .$? ��� L " (b bedrooms) proposed:... ......s+q*.%q..A.fv c... �' •'�O4A P,4...................................................................................... .... ........................ 16. Number & ty or Io r-moderate-inc ..............................................:... . ...................... �'� �"^'�"or- ...... o•. ...-income housing.units M bedrooms) proposed: .....?.............. _ TOWN OF BARNSTABLE' Zoning Board of Appeals P a9e_2 APPLICATION for COMPREHENSIVE F Name or Applicant Name of Development Application.Nc 17. List or exceptions requested flrom .local by-laws. codes and regulations: (Spe ify ach exception with pre ise reference to applicable by-law. ode or regula on . ! ..pert;. � .. . �..........................55'r �!. .. .. j.L.`. ). ..... ....................... ....!�g................................................................... ....... -..� :.! ................................... . ...................................................... 18. List of approvals needed morn other public•a... ................. ....................... .... ..... ........ . .... ....... (Identify each local. regional. state. and federal agency andxspecciify the approval to be sought.) ......................................................................... ........................................................................ ................................................................................ 19. List or accompanying.purrs and d .... ...... .................... ...... .... ...:............................................... ocuments submitted as put or this application. Ode tify S. h suc plan and document tW its title.) i p a ..... ........................... ................................. ..... ............................................. : :. ::: : ::::::::::::.. '::::::! : :. :::................................................................ ........................... 20..List or.•supplemental pages used to.provide full.. ............................................................................ information called for by this �applicatiion: -, ' ,e{ ,'F �R�°+��A ....G�:T'!•n�.....!�eie ..... :�. .: esC 1 5................. �.. ... ..................... ............... ......... . ' e• .......................................................................................... 21. Subsidy agency (na and address) and fina ......{ 0,!^^$ Aq!�... np Program (name) invohred_ j... ;►►r �S. ..... ........................................................... 21-A.Attach documentary evidence of subsidy agency's determination of site-acceptability. This application For a Comprehensive Permit to buildfrehabilitate low der 31.00. ate-income housing is made subject to the provisions or 116L Chapter 408. Secs. 20 r-- and 760 CM 30.04 Name ot Applicant Date: Oo lu Authorized Signature Kertq YncJUaWV%rq Typed Name of Authorized Signatory Note: it any information or documentation submitted as part or this application changes during the course of its consideration. applicant should promptly supply such changed information or docurnentalimi to 'the Board. mating clear reference to the item. document or plan to be replaced or updated thereby. S f. � Z pmr 279 WJN ST SYATTNLS 11L1rm1 3271 099/1� 37�Sx AID' D Ik 1 Grr i of i . PrlirtDoteri3/06/1999 Y .� . .3.-. GLZONAIR OLD YAI:MOVI'H RD . WAWA' fi ll fez101 mmmc Dist40 Lad OW LOT1! OR ISIOMV8 f!ll al r .MCHOLAS A ac BONA SS190p 01/1 _ iw AN a vs C�OND.=OMM E 194N317 i SA , Ol i ; oil 1 !1,l�1 !� #l1,9 A raw4 ear oA a a W a Appniled BIdL VWW( i31,300 • Apprairod7QrB ValuDO e 0 App=iod�` o Spoaial Load "Valaeo WC MO ADC BIC11!!!/lG31li TOW APPod ed Card Volue M 'i!! IM APT MASA8NY,IVICSQLAS;A Total Appwued Panel Vdw I!!. VahU"Method: Cutuartart Vetwde a TOMAPPMOG VANUVW9 mr s r Qafflgwm ..A LOAN Ila 777 es f r POOJWVLaem=on, 278 MAM sr HYARM AfAPAh 337/aw i1. , vwMioars=s OrA�orIDr: i car i_ of i PrhfD.t�ri]/oi/1999 Pe t)Nm FRAIL_ terieeI Storbe vICRAAts wain ! vo off win = vY.RAGF ittueuae. �'How 0. cam or wsU 1 2 Alakm Fbw 1 4 Rot it Looedaa Fuel Air emDeratUWb '1YpoTM 1 N • FOR oW Room iro .Feator �77f0 TM maw ao lay •�s,yle ar&�rl.M 14 Yeer Butt fA coos.Code Oloi Flem Bus Vdue 31,100 UW Low Uum } IN,ACCORQAMCF".wx PAGCBOMU AND MCHNXWL . STANA44W IVR rmr P CflCS OJ`'LAND SIIRYRffm M PARL A. 1/BRH7fISK Pb9 -- —_LSC� R9 Leo AS►s�SSnRs YAP SM for W Awty ZON& -C- _ RSA,. SOAM 'B" =• ;; A.MoWr = •T-� -�� _ _ f PLAN OF LAND f"A-. `^fir - -=_�/•/�,�__LL,� 5'� .,-.: ;.��''' .' .' �jw/��� ,M,p, ww 7 � JC P18 SAV�iN /ND AJVD ASSOG :'.. P.a Boxav y r - O.4T�RW=,ET XAM, 0=55� PBON�AX 42B . IAW=arRr. Ns rstAPrEr �twos e r Ada" DAIS 6 ' ,u SMW AN= ON48 REV.► 6/�/0g REV: Pace-aa� • . . � No. asa�s sr�EErs aF s eff • � �ir-•ffN 1�t'�tt. MZ°'Tlrva. >n ,� �i''��j � .. �r�h �. �ca•►r�+��' �T�'tccr�.r�. o� ,,jFf.•s.�,��, . :-..._.•,.,. �j. � � ems:.�'� •lob, %till till%-�`''��'• M 01. WA i 1l � • '1 � r 1 1 � I'I 1 ii r,. s-rid btos STove rn I cv owave, 1 Z 'l, K���nCv,ca, +►vk * SINk L `L FvII &4C•SL*wa.r) y'Iz_ Si.te 3Hgsy , ayo F o o- — r1 . L at Z � o o tj �64,vrs Iy 3 firs 3 to2 sy 3 6 Z S1• 40 Si � o . !y � Z S"R%<'S r The Arc of Cape Cod Serving Cape Coifs Devefopmentaffy Disabled Post Office Box 428 Hyannis. Massachusetts 02601 (508) 790-3667 October 22, 1999 Kerry McNamara Post Office Box 1144 Osterville, Massachusetts 02655 Dear Kerry, 1 am writing in support of your purchase of a building on Main Street in Hyannis for conversion into studio apartments. Our organization assists more than 60 people with developmental disabilities to live independently as members of the community. Over the past year,it has become increasingly difficult for our program members to find rental housing on Cape Cod. Our members, unfortunately, have limited incomes and most are dependent on the assistance they receive from housing certificates which places them at a further disadvantage.in attempting to compete for high demand rentals. Your assistance in helping our members to find suitable housing has always been appreciated and we currently have four program members living happily at your apartments at 521 Main Street. Approximately 98% of our program members do not drive and are dependent on public transportation. A down town location is very convenient for our members who don't require any parking but do need access to public transit. We look forward to your opening of these new apartments as we in need of more affordable housing for our members. Fondest re ds, C�, Lisa Champagne``__-,, Housing Coordinator MemberAppncV United Way Of cape coo.Inc. Accredited Member of Arc Massachusetts A Thp Arr BARNSTABLE HOUSING COMMITTEE Town Hall. 230 South Street Hyannis,MA 02601 January 18,2000 Emmett Glynn, Chairman Barnstable Zoning Board of Appeals Town Hall 230 South Street Hyannis, MA 02601 RE: Petitioner: Kerry McNamara, Project Location: 278 Main Street, Hyannis Dear Mr. Chairman and Members of the Board: The Housing Committee met with Mr. McNamara on January 12, 200D to.,discuss his proposed Living-Over-The-Shop housing on Main Street, Hyannis. We had reviewed and discussed the proposal at our previous meeting in December. The,Committee supports his request for a variance and special permit. We acknowledged that the best scenario would be for Mr. McNamara to apply for a Chapter 40B Comprehensive Permit. However, given the time constraints, that would make the project unfeasible. We would like to suggest that as an alternative the variance and special permit be approved with the condition that the units be deed- restricted to households earning below 80%of Area Median Income. The Deed Rider should be in aform and substance acceptable to the Zoning Board of Appeals and the Housing Committee, and would require-monitoring-from an outside-a _. gency for compliance.- When complete,we would encourage Mr. McNamara to apply to the State Department of Housing and Community Development for designation as Local Initiative Program units. The units would then be included in the Town's 408 inventory (in other words 'counted ). Both the Housing Committee and our Planning Department staff support, David Palmer, are willing to assist Mr. McNamara in this process. The Housing Committee supports this proposal and urges your approval. Sincerely, Laura F. $Welt. Chair Judith Barnet Tom Kosman John McGarrahan Rick Presbrey;. 1 CAPE COD BANK AND TRUST COMPANY Q February 11, 2000 Mr. Kerry M. McNamara,Trustee KDA Realtv Trust P.Q. Box 11 44 GsteT ille, MA 02655 - Re: 278 Main Street,.Hyannis,MA. Dear Mr. McNamara: l am pleased to Provide you with this letter expressing our interest in your request for financing using the Federal Home Loan Bank of Boston, 1:F) for.the developmen s New England Fund(N of a mixed usc property to include six apartments at 278 Main Street, Hyannis, NIA. After rzx iewing the b• y F Elite' it Guidelines and yourplans for the subject property, it is my understanding that NE-F f riding may be used for this project. Please'keep regardi me informed ng your progress. Sincerely vours 7-% ✓James M. MCFvo Senior Vic. dent w Customer Senice Centcr P C). BOx I i 8C,Sotith Yarmouth,MA 02664-018O 1.3E��•4�$•51 � luti,://www.ccbc.cpm BK 1237.4 PGOOS S 16r1 . 06-29-1999 a 03219 After Recordellon Return to; Cape Cod Banc 6 Trust Company AM: Loan Department P.O. Box 1180 SO. Yarmouth, MA 02664 MORTGAGE eORROWER K.O.A. Realty Trust ppTOA D Kerry M. N1cNalnira K.D.A. Realty Trust. KerryM, Douglas J. Ahern McNamara Trustee Andrew Witter P.O. Box 1144 ADDRESS Osterville, MA 02655 P'O• BOX 1144 ADDREEE 'E`rPNONE1Q MEN IMCATIM,M Eerville, Mn 02655 508-428-0503 naurtmcATMAlm N conaWention of Us ban or tither credit 5 8-429-0503 which may MreaRu be advartced w kh wlgd aanssdgd■�A hsrektanter spsoiood anti airy future edvances w ruhrre ■scknowl6_C a harobyp is wanuhn an0 trhon Other�d and vWable coneldsrelbn, Obiie dons Y deonod herein, _ pap,b_ raw I end wli Sll2! ._[{y 1 Capp�D&lClSi�rm mlx►C+r rYwltae e"`1'of which we hereby SALE and.its successors n� rt�.with A 0R SALE and right or enu Ond p MORiOAGE COVENANTS,upon Iha STATUTORY COWgr Y posxes ton ati of Mortgagors present Anti woo saNN, erld ediA STATUTWIY POWEq OF IMMSS;ta A which h AlahVhed b Ibis Mwlgape and inoerporatsd luraln debt,title end interest In antl ttl the real h■runs:a•tangible personU.-prop,„�..yhqu� ..by tlrfs.reNrarhw,.Iogo1M,with aE fMepant,dasedMd In (eactud;ng householtl good•)now or hereafter e whhoW Ur gym p��,Machinery.equipment.building ��1,a�e eYvery nature and Privileges.headilamenN,and• materiab,and goods of transferred a the real PPunenanoes,including W door rights a,aodal�wilh the Pry em'�e�r a not AtKxod b Deland;e/ Noses.tiW 0 t end of wnetrom OdiN rest N�nY or now or heretlte suappl(pl0 of transfer from he dimmer p0N al a" wit and profile;et wale,wall.dllch,ressrvok and mineral doids■ndd ads lee real °pwnty Progeny(cumulelivel y'Propetty�J;unto Paymanl In lug Of ON Obli ao�rM A Moreover•in lutirw consideration,Mo pMloht ashahreti iNreby. Wrtairrirtp to thereat - covenant,and agree with @Uwe doss,for agor and Mo" 'a h,Bs,representatives and e 9 Corner ne guge SW sews and as&a as ealprno;he eximenly warrant. 1.-OBLIGATIONS. r This MorDA90 (hall wave pro Payment ant p„(or a o1 all present,red future Indabledn• covenants of Borrower and the aapor tchrmMalir0ly"Obllpationay to€enlist pursuant lo: obtipatittna ant la)Ihia Morlpape and tM bltowing proml es EaDWtln, j—IptTEti€3T— �i�-��i°�'nobs and oihu tipre�mentc RATE .CREDIT UNIT Sr T4— AOAIRE TE �D�A�rTrhE Low 1�► VARIABLE 6/29/99 6/29/00 tiElt i Ill at other present or lutun wtlusn agr•amenls with lender whlph Mer dlNArent purposes than the foregoing); (c►any guaranty of obligations of other ' 1'b tfW kktrlpeps lwitelAer,aeehrted for am sane or (d) luture advances.whether obligatoryPeNex oW.1 b Larnder now er 11efH11er executed stitch Men b thlo Mortgage. of extended to w on beh,rl of w f b g,sane extent W"ma" oMwlg&gie)shall continue unto ntore mi' paper a Borrower. Mertpager agrees that g��oot the 0Ob a ,ton POCRIBly with Nwe o/Nw execution IM pe at Us g auplw.n Ws p ymenl tu tut of ON debt due under fhe Nit mhotwl Mwtgapa,exceed i_:_ _ ng At no Ilene gW Ihs pen of nth rep iite NG tine borrh tints b Ikrs(!wl before lemdnalien _ -- erha Mortgage.not Indudlnp awns edvanAd 1•probol the security a this Lei all amendments,is POF& cep extehsions.terswala,nwdificallon$.replacemenn er substitutions to Any of ON foregoing. As exert in gta Paragraph t, Re terms litorlgager and Borrow at a"Include are olio ntpn a"A"atfer or dower B n,tons Than ant, 2.REPRESENTATIONS,WARRIWTIE$AND COVENANTS, Morj tel Mwtpapor Ma Ise almPlo marketable tills b is gow repreeenb wnnaitte And oov,nsrlN b Lander Intl• and claims excspl iw this Mon s P1oPetY.and"meMlakn the prop,rrl1yy N of at Mom, which Mortgagor agrees to a Sind find those described in Sclug e B which h allSdted bflyN Mort eeouriiy Interest encumbrances ►b) Mortgagor b In Rom i PAY psrfonm in a timely game; - pep•and Incerponted herein by reference, nleting to'Ha:udous Mi&nc■n age�eed with so kilpild"iedenst slate and btu laws and r toed Mraln,and other awlroener"Mallets iototn,Including.lee N MnNM illa"thoss er go duel net No theta nor the ogre whits%a Property Is 101m sal not any other (ihe "—nmertW Laws , knowledge,any povunmenULNdbW or gdrNNwatlw povumrnenNl fir quasi gownin"Ial on ply ilue■bned,which kwaly the Pro actors ID&respser b enrhonrrwnQ Matter' Ma ad a oat Col an PPrrooppsa�,�t�'� psmrNPd.released,dhdrerpsA stared.w 40 at any kpnpaper Kerr 10 the beat:of MeltptgprPe rep.w b fM bass of gN hprlYopor`s t Materials b w from the any Naludoue MMtedgh;b Connection with pie 'i�other p"has used,Shag moan any substance orp�jaert, 1 Commit or permit such or VanapCtNd uwy N■abdo .Peuoleum, which h w b■ &Chorea to be taken In he iulure a term 1 pit friable w nonlrtabfe asbasbs; tonnes tepuisled by■ny pexelrdnanlal autimlly ka h4n adous Malsllsls''hazardous subsume' kii)PoiYddodnaled bownyls; (n) boo,w p.but not IkNbd q: D) amendments or replacements nos IhessNClutee t of gs Chan yy■lu AM w Eped balsnas,rM1ubN q W. IOW of lM N)those.substance PWeYent io Becton IN Actdesignated N a Rd a an Conservation s and a maleWs er waste•d,lgt 307 W IA►peen Wale Act or airy wastes defined as a Taralloua substance auern to ec ams0,a,tta a n ed as a Taserdous w■Ne'Pwawut b Section Act,or ens amendment w ra a Sectiwl the d nil Wacentamib b alai Slotute;and�those"511111M,malsdals or in enact. Mon lease b gat uaalb the w of other aimoa a q 1i al slalWs sut■W e• M11on And LWAIy of Inc property ro n ws wait not lease or Demll tics subbase of the tlutafion of a Y .doh►NsAdous Malstiah er toxic substances; Prope►y t•a tenant or subtersnl whoa,operations dktartce rtow er hoeaher ICI An ep(NiCabat laws,and:repulNiona irndudl - - MAYnsuhlnconlamksgan repuNkons prrbmulpated fhueund including.ning uitlroul Notation IM arms munuapal eutrorlly with lwhdlctiwn lovver the and building Iowa sold It o�ON Wa Disabilities p ACI,42 U.&C 12101 h rip Is, ' y.presently erg and aft be ti^p b the Property by WAue o1 Asti (and$w all 'and onallri Pumba,r•vtd arufbab.of rxeup■nCY Orroktdkhp but not eM OOOMIIW with m alei1••We a ` SPeclinn■PplOvala),whether temporary at permanent Noted b sonkig vidaricss, A1e1sr1al ieapega and cep P gag be obtained.preserved and,where necessary. P L vdwk h No material to pill use cep omr exisPYons ktr nonconforming uses, , eiY.renewed: PNOY 01 the ProP•Ay,presently are and 12374DPGOOG OUITCLAiM nF,F.iI Citizens Bank of Massachusetts, successor by merger to Quincy Savings Bank, with an address ' of 28 State Street, Boston, Massachusetts(hereinafter, the"Grantor') for consideration of One Hundred Fifty Thousand and 00/100 Dollars(S150,000.00)paid hereby grants to: Kerry M. McNamara,as trustee of K.D.A. Realty Trust, u/d/t dated June 29, 1999 recorded with the Barnstable County Registry of Deeds herewith(hereinafter, the"Grantee') WITH QUITCLAFM COVENANTS,the land with the buildings thereon located at 278 Main Street,Town of Barnstable(Hyannis),Barnstable County, Massachusetts,as more particularly described as follows: Beginning at a point marked by a marble bound at the intersection of Main Street and the Old Barnstable Road,so-called•, --- - Thence running NORTHERLY by said Old Barnstable Road,there measuring 95.36 feet to a stake; Thence running NORTHWESTERLY to a stake two(2)feet from the northeast comer of the shed or bam as it now or formerly stood and in line with the North.boundary of said lot; Thence running SOUTHWESTERLY to a stake and land now or formerly owned or leased by Walter D. Baker; Thence running SOUTHEASTERLY by land of said Baker,there measuring 110.00 feet to the North line of Main Street; Thence running EASTERLY by said Main Street,there measuring 34.95 feet to the point of beginning. Together with a right of way in common with all other owners to pass and repass on foot or with vehicles over a street established or to be established on the North of the above-described Property,the entrance to said road or street to be from the Old Barnstable Road,so-called. Subject to easements and restrictions of record. Excepting herefrom so much of such premises as was taken by the Town of Barnstable all as shown on a Plan of Land recorded with Barnstable County Registry of Deeds in Plan Book 77, Page 107. For Grantor's title, see Certificate of Entry dated May 25, 1994 and recorded in Barnstable County Registry of Deeds in Book 9290, Page 64. WITNESS the execution hereof under seal this IE-day of June 1999. CITIZENS BANK OF MASSACHUSETTS By: Qcv# j j!. new•, Its: Y7 c a 11' COMMONWEALTH OF MASSACHUSETTS Suffolk,ss. June-4-S,1999 Before me appeared u u- .&yj&*, yr c e lles,le.,j-of Citizens Bank of Massachusetts and acknowledged the execution of the foregoing instrument to be his/her free act and deed and the free act and deed of said Citizens Bank of Massachusetts. otary Public SUUN IGASPAR pUth C-M2s3EClfUSF My commission expires'COMn s(on£:Fsr Apr::X, V-33 Site Plan Review Meeting of October 29,1999 • Hearing Room,god Floor F Barnstable Tows Hall 367 Main Street;Hyannis Mush Ralph Crossen,Building Cammissiam,$ft"Pith, Project Engineer,Art T=zyk Principal Planner,Thomas McKean,KW&Divhdoa Dk bw, Alec;in sambnece were Dan Ojala;Bogkm,Ray Tdom Steve RaldSk Attorney Andrew Singer,Keep MacNamara,Reba=Perry This suetlog was aelM to eider at 9:00 A.DL and adjourned'at 11:50 AAL SPR M-99 'air 'e uara,Kw ry,27S Mai•Sty py(Dnm oes Pharas"T) (3274" The applicant seelm to-rmovMe the existing bwldiog-to povide 6 s'h idio. a�n�esecortd$aaranda oed®aacial temmt on thaimst tloiot:�'The .. . . . , . recognizes that the limited availability of perking may this P . . Mr.MacNamara io6o:med-the oomtniuee that he as cry owes and o a small. . • . spet�nmtUUMPtin EggdF3 Restaund on Main Btc+—in -He:. reminded the pared dud-Myoumis is in dire need of a U=iv&. lint.MwNwahm intends m ie AIO Mi 6a111411yed tenants ady=Paddog woedd not be an issue beta m this pordation does not drive. It is oecessatp to.pa vide aff+atdable boueit�g w�dnn Wantingdutaaoe of the asbebliabments that hole them He noted tlss; nowervaq*yedandbhwashersinthavadousrealacnaffis an Main.Str ct Mr.MacNamrara ocationed to w*mmd,sclCnoeriedging that this property bad bees ab®doned for abwd 4 years. He was imme8iabely reminded that he tray hoed to.apply . for moin relief peadi�the oa R Matiab,of the abamdonment dam The retail space is not oommitbed and again the vanscautiouslyzerninded of tha parking dilemma. upend eacpreeae'its desire m be.stW&fiw of a ro--uw of this property while raamiaing frmk and candid aboat'the obvious difficulties, Stave Piseh offered no eommmtstp at this time. Tom McKean added that his concerns would primanly be with the c:o®plie we of all Dowd oE&d&Millions not mow'thejuaisdictian of the Site Plan Review PMOM It was revealed that the average aide of each unit would be approndmately 300 SF and would be oa-pip dby a single tenant After some discussion regarding the disposal of anal,it was determined dwthe @pelican;wan willing in ct+eaEe a dusted disposdarea s*ed to the appmd of the Todd of Health: --- - MoBuildiog Camom tlis would be a very challenging endeavor.' He urged the Ito WvOisti&e the free Ca aion: Appmved with cootiogatcies as follows: VaA dtvwd medead to be off v e red by die Boards bf lfer M Res lot I==&mi*k adto sbate occ*awy,`'affIrdoble AmIftStaWest oFTME Zoning Board of Appeals �► Town of Barnstable - Planning Department 230 South Street, Hyannis, MA 02601 MASSIL (508)862-4685 Fax(508) 862-4725 . 0 February 18, 2000 To: John Klimm, Town Manager Royden Richardson, President Town Council Robert Smith, Town Attorney Laura Shufelt, Chairman Barnstable Housing Committee Thomas Lynch, Director Barnstable Housing Authority John J. Finnegan,Chief of Police Harold Brunelle, Fire Chief Thomas Mullen, Superintendent Department of Public Works Maureen McPhee, Tax Collector Robert Gatewood, Conservation Administrator Thomas McKean, Health Agent Ralph Crossen, Building Commissioner Margo Fenn, Executive Director Cape Cod Commission Robert Stahley, Chairman Barnstable Planning Board Richard:St. Onge, Chairman HMSWHDC Dr.Angela Castona, Barnstable School Department Enclosed is a package materials submitted b KDA Real Trust.Kerry McNamara Trustee to the � Y Realty ry , Zoning Board of Appeals in accordance with MGL Chapter 40B, Affordable Housing. The applicant is requesting a Comprehensive Permit under the Federal Home Loan Bank of Boston's New England Fund (NEF)for the development of six affordable apartment units at 278 Main Street, Hyannis, MA. The proposed development is further identified as Map 327,Parcel 099. The Zoning Board of Appeals is designated as the single permitting agency and would like to know if you have any concerns and/or issues that need to be addressed and resolved prior to its decision on this application. The Board would appreciate any suggestions into possible conditions to impose in the permit should it be issued. Those conditions should be developed to assure that the proposed development is: • environmentally sound, • provides a safe and secure place to live, • has provision for adequate transportation, public and private utilities and emergency services, • is consistent with adopted local and regional plans and needs, and • is in the best interest of the Town and its residence. A Public Hearing on this permit will be held on March 15, 2000 in the Town Hall Hearing Room. Staff will be forwarding all comments received to the Board on March 8th. If you could provide your review prior to March 3rd,for inclusion, it would be appreciated. Should you need additional information,; please contact the Planning Department, Zoning Board of Appeals Office, at 508-862-4685. Tha You, Emmett Glynn, Chair n Zoning Board of Appeals Lavoie Debbra From: Gatewood Rob To: Lavoie Debbra Subject: , 40B Date: Tuesday, February 22, 2000 7:44AM Debbie, there's no ConCom jurisdiction at KDA Realty Trust 406, so we won't be sending comments beyond this. Thanks. Page 1 THE Town of Barnstable COLLECTOR OF TAXES DAMSTAINA 367 MAIN STREET Hyannis MA 02601 Mail: P.O. Box 40 MAUREEN J.MC PHEE TEL: (508)862-4054 Collector of Taxes D FAX# (508)775-3344 FEB 2 40 TOWN OF BARNSTABLE 10141NG BOARD F AP To: Emmett Glynn, Chairman Zoning Board of Appeals From: Maureen J. McPhee Town Collector RE: 278 Main Street, Hyannis proposal Date: February 24, 2000 I have reviewed the.information forwarded to my office regarding the proposed development of affordable apartment units at 278 Main Street, Hyannis (map 327 parcel 099) by Kerry. McNamara, Trustee. .Checking the status of real estate taxes for the:property, I find that the prior fiscal tax years are paid. However, fiscal 2000 real estate taxes are not paid as of this date for the December 1999 installment. The second payment will be due May 1, 2000. If this plan is to be approved, I would request that the real estate taxes be current as part of the approval. If there is any further information required from my office, please let me know. R327099 Telephone(508)771-7222 Barnstable Fax(508)778-9312 mom" 1 Leased Housing Dept.(508)771-7292 Housing Authority 146 South Street Hyannis,Mass.02601 February 2$,2000 Emmett F. Glynn, Chairman D Zoning Board of Appeals 2[FFS Z 8 4M 230 South Street Hyannis,MA 02601 i ZONING BOARD OF APPEALS ¢ Dear Chairman Glynn: 1 The Barnstable Housing Authority wishes to be recorded in support of the Chapter 40 B application submitted by KDA Realty Trust,Kerry McNamara, Trustee. The BHA's support is based on the need for additional one bedroom/studio apartments in Barnstable. The BHA wait list numbers support the need for additional one bedroom and studio units. Currently the BHA has 467 applicants on our federal housing list and 376 applicants on our state wait lists. Accounting for some overlapping of applicants both lists,there are roughly 500 eligible candidates on our public housing lists. Using just the state wait list figures,of the 376 applicants, 360 are looking for single units and only sixteen are seeking two bedroom units. These figures would support the need for affordable one bedroom/studio units. In the Site Plan Review Meeting minutes contained in the package of materials received by the BHA the applicant notes that he would be renting only to developmentally disabled adults. While the BHA supports the need for this population to have safe and affordable housing we believe the units should not be limited to one particular population. A restriction to 80%of the median income would cover all low income.individuals seeking housing. .1 would note that presently the BHA has twenty-three disabled individuals, with Section 8 Housing Vouchers,out looking for one bedroom units in Barnstable. I know the convenience of these Main Street units would appeal to these individuals,however, it would not be our position to exclude non disabled individuals from this housing resource. Thank you for your consideration of our comments and the BHA remains hopeful this applicant will be issued a.Comprehensive Permit. Sincerely, Thomas K. Lynch Executive Director Equal Housing Opportunity Agency f c Town.of Bamstable 0 Planning Board � ►� ,� �N RARlit�l 230 South Street, Hyannis, Massachusetts 02601ROFq� (508)862-4787 Fax (508) 862-4725 , March 9, 2000 Ch. Emmmett Glynn Barnstable Zoning Board of Appeals Re:Appeal Number 2000-23 , KDA Realty Trust, Kerry McNamara, Trustee. Chapter 40B-"Affordable Housing". application for six affordable studio apartments-all six will be affordable units. Assessor's Map 327, Parcel 099, 278 Main Street, Hyannis, MA Dear Chairman Glynn The Planning Board discussed the above referenced application to the Zoning Board of Appeals, at their meeting of February 29, 2000. Planning Board members were in favor of the proposal, with some concern expressed for the size of the proposed units and for number of occupants. Thank you for the referral and the opportunity to provide-input. Sin Robert Stahley, Chairman - V.S. DEPARTMENT OF EVD PAGE LO STATE s MASSACHVBDTTS ---- PE8.1999 ROME PROGRAM RENTS ---- PROGRAM EFFICIENCY L-BEDROOM 2-21DROOM 3-BEDROOM 4-8EOROOM 5-BEDROOM 6-BEDROOM MSA Mh LOW BOMB RENT LIMIT 423 453 545 629 701 774 047 NICK ROME RRNT LIMIT 465. 569 685 784 855 924 994 FOR INFORMATION ONLYs _-...._._. __.. . . . .. _... ...._...-......_ ..LWR,.MARKET.3tENT... . 465 .623 . .. 831. _L040 1%6% lain. ., L514 50% RENT LIMIT 4231 453 545 629 701 774 947 65% RENT LIMIT $30 569 685 784 655 924 994 PMSA Boston, MA-NR LON HOME RENT LIMIT 548 588 705 015 908 L003 L097 HIGH HOME RENT LIMIT 643' 723 895 1025 L123 1232 L320 FOR XNPORMATICII ONLY.- FAIR MARKET RENT 643. 723 906 1132 1329 LS26 L727 ..-Sot RENT LIMIT .... ... . ..._ . . 548 . 588:.. 705....: 815...._ 909 .... .. 1003.. ........ .LO97 _ _,. ......._......._. 6S4 RENT LIMIT 693 744 895 1025 1123 L222 L320 PmFa Dwockton, NA LOW HOME RENT LIMIT 430. S22 $26 724 907 891 974 HIGH HOME RENT LIMIT 4301 S67 69S 865 986 L076 L26L FOR INFORMATION ONLY: FAIR MARKET RANT 430. 567 69S 865 966 L133 L281 b0} RENT LIMIT 487 $22 626 724 907 091 974 SS* RENT LIMIT 623 658 793 907 992 L076 L16L NSA : Pitchburg-LeouLnater, MA LOR HOME RENT LIMIT 337 473 S70 659 735 813 0$7 RICH HOME RENT LIMIT 337 473 614 790 85E 972 L047 FOR INFORMATI09 ONLY: PAIR MARKET RENT 337. 473 614 790 858 986 L11S 50% RENT LIMIT 443 475 S70 659 73S 811 057 654 RENT LIMIT 656. 597 729 922 099 972 L047 PHU a Lasseeoee, MA-NH LOW HOME RENT LIMIT 466 542 65L 752 840 926 L013 HIGH ROME RENT LIMIT 466 563 708 885 1033 LL22 L21L FOR INFORMATION ONLY, FAIR MARKET RENT 466 563 708 S85 L089 L252 L415 509 RENT LIMIT 506 542 651 757 040 926 L013 650 RENT LIMIT 639 685 $24 944 L033 L122 L211 PMSA Lowell, MA-NH LOW ROMB.RENT LIMIT 472 579 695 803 SOS 989 L081 HIGH HOME RENT LIMIT 472 610 737 924 1033 L187 L299 FOR INFORMATION ONLY: FAIR MARKET RENT 472 SIG 737 924 1033 LL87 L342 50! RENT LIMIT 541 579 695 003 996 980 L09L 654 RUNT,LIMIT 669 733 SOL 1010 1107 L203 L299 TOWN OF BARNSTABLE HOUSING COMMITTEE i Index to Guidelines for Comprehensive Permit Developments Financed by The New England Fund of the Federal Home Loan Bank Page Summary 1 Contents of application , 1 Developer qualifications 1 Consistency with local needs 2 Limitation of profit/allowable development costs 2 Allowable Land Cost 3 Financing terms 3 Owner occupancy 3 Eligible purchasers 4 Percentage of Affordable Units _ 4 Continuing affordability 5 Project Design 5 Design of affordable units 5 Location of affordable units 5 Condominium governance 5 Regulatory agreement 6 Enforcement 6 Monitoring 7 Fees 7 TOWN OF BARNSTABLE HOUSING COMMITTEE Guidelines for Comprehensive Permit Developments Financed by The New England Fund of the Federal Home Loan Bank Summary. This memorandum summarizes(1)the information required to enable the Town of Barnstable Housing Committee to consider an application for a Comprehensive Permit for a development to be funded by the New England Fund of the Federal Home Loan Bank of Boston and (2)the standards that will be used by the Committee in making a recommendation to the Zoning Board of Appeals. The Committee intends to make the review of Comprehensive Permit applications as expeditious and inexpensive as possible. At the same time, it is not possible for the Committee to write detailed guidelines that will cover the full range of developments that might be eligible for financing under the New England Fund. The Committee will look to guidelines under other affordable housing programs, including the Local Initiative Program (LIP) and the Home Ownership Opportunity Program(HOP), for guidance in cases where these Guidelines are not definitive. Those considering a development in Barnstable are urged to meet with the Committee informally before submitting a formal application to review the proposed development. Contents of application. Applicants should use the suggested application form with attached development budget, statement of sources and uses of funds and pro forma operating statements. The applicant will have obtained a "site approval letter" from a member Bank of the FHLB of Boston documenting the following: The Bank has expressed a firm interest in financing the development. The developer is a public agency or non-profit or limited dividend organization. The developer has control of the site, as evidenced by a Purchase&Sales agreement or Deed. The Bank has visited the project site, reviewed the project plans and pro forma financial projections and has determined that the project meets the guidelines set forth in this memorandum and is financially feasible. If the comprehensive permit is approved, the Developer and the Bank will enter into a Regulatory Agreement with the Town and the Monitoring Agent substantially in the form attached as Appendix A. Developer qualifications. Credentials Experience 1 Consistency with local needs. The proposed development must be consistent with the Town's priorities for meeting the need for affordable housing in the Town, as identified in the Barnstable Comprehensive Plan and the action plan as approved by the Town Council. The local deficit in affordable housing is mainly a product of its seasonal real estate market. Much of the rental housing stock is available for rental at reasonable rents only during the off-season period, from Labor Day to Memorial Day. Summer rental costs are out of the reach of those year-round residents who are most in need of affordable housing. Developments that provide year-round rental housing or home ownership opportunities for those who are priced out of the market by seasonal housing costs will best serve local needs. Developments that contribute to the creation of seasonal, rather than year-round, housing will not be consistent with local needs. The Committee will pay special attention to the problems that may be created by the inclusion of affordable units in resort developments or developments that lend themselves to vacation use or second-home use or that will have a high seasonal rental value. The j Committee will generally not endorse developments(1) in which the housing objectives of the owners of the market units and the affordable units may be very different, as, for example, a project in which many of the.market units are likely to be used as vacation homes; or, (2) developments in which the affordable units will have a high seasonal rental value. Limitation of profit/allowable development costs. Condominium and home:ownership developments: Developer's profit.for condominium and single-family-home ownership developments will be limited to Twenty percent of total documented development.cost, net of related-party transactions, developer's fee and overhead, and development consultant fees. Developer shall pay any profit in excess of the allowed amount to the Town for deposit in the Town's affordable housing fund When sales proceeds reach maximum profit limit, Developer shall deposit all sales proceeds into a restricted account for transfer to Town fund on final audit. Rental developments: Developer's profit in rental developments will be limited to Twenty percent(20%)of total documented development costs, net of related party transactions, developer's fee and i overhead, and consultant fees. Developer shall pay any profit in excess of the allowed I amount to the Town for deposit in the Town's affordable housing fund.Costs Certified by a Certified Public Accountant approved by the Town must be submitted to the Town prior to the issuance of an Occupancy Permit. Profit limitation during operation of rental.development will be limited to 20%of net operating income. Developer shall pay any profit in excess of the allowed amount to the Town for deposit in the.Town's affordable housing fund.Audited financial statements must be submitted annually to the Monitoring Agent and Town. Construction budget and all scope change orders to be subject to Town's approval. The Town may disallow any ineligible or unreasonable costs. 2 Allowable Land Cost. Ownership Developments: Land cost for an ownership development is an allowable development cost at the greater of(a)the value of the Project Site before any zoning change or other relief granted by the comprehensive permit plus documented and reasonable carrying costs or(b) actual arms-length unconditional acquisition of the Project Site cost plus documented and reasonable carrying costs. Developer shall pay for appraisals by an appraiser or appraisers acceptable to the Town. If the Project Site is used for more than one use, or if the proposed development contemplates more than one use, the land value shall be separately allocated between the Project Site and the portion of the land used for the other uses. Rental Developments: Under consideration Prior to the first construction,loan drawdown, developer shall provide a full compilation and certification of total development costs (net of related-party expenses) and total revenues, on a GAAP basis prepared and certified by a certified public accountant . acceptable to.the Town. Developer shall provide an AIA form certified by architect or engineer with each application for a progress payment, at completion of construction and when each unit is sold. Developer shall disclose any sales to or other transactions with related parties, and related-party transactions shall be included in compilation and certification to extent necessary to assure full disclosure and accounting for profit. Town may audit developer's financial records and records of related parties on a GAAS basis. Related Parties to include controlling entities, subsidiaries and commonly owned and commonly controlled entities. Control group to-include family members. Loan advances will not exceed audite&costs plus 20%, less retention. . . No collusion/no, kickback/no relationship statements are required from all vendors. Financing terms: Condominium and home-ownership developments: Purchase-money financing must be fixed rate with minimum term of thirty years. Interest rate, points and closing costs subject to Towns approval. Owner occupancy. To assure a stable community, suitable for affordable homeowners, investor ownership will not be permitted. Market units must be owner-occupied. No timeshare or short-term rental arrangements will be permitted. Developer will be given sufficient time to sell units, and will enter into long-term fall-time residential leases it unable to sell within prescribed window. An owner=occupant may rent for no longer than two years, if required for personal reasons, and approved by the Town. To facilitate subsequent-sales of affordable units, condominiums must be FNMA approved. 3 Eligible purchasers. Eligible purchaser must be: 1 .) a first-time homebuyer. A first-time homebuyer is defined as an individual who has not owned real property for a minimum of three years, as evidenced by Federal Income Tax Returns. First-time homebuyer is further defined as a spouse displaced due to divorce or documented domestic abuse. 2)the Barnstable Housing Authority or, .3)a non-profit corporation duly organized, with providing Affordable Housing a stated purpose in.its Articles of Organization and Mission Statement. An eligible purchaser must qualify for purchase-money mortgage of at least 501/o of purchase price. Maximum Income from all sources of the Purchaser or Purchasers and adult members of the Purchaser's family residing in the home or condominium(excluding income from part-time and vacation-period employment of full-time students) shall not exceed Eighty Percent of the median income for Barnstable County, adjusted for family size, as established by HUD. Income will be imputed to non-income producing or low yield securities as if invested in 30-year Treasury obligations. Net assets of the Purchaser or Purchasers and adult members of the Purchaser's family residing in the condominium to be based on LIP guidelines. Selection method to be based on LIP standards, using a lottery, with.the following exceptions: Five percent minority preference. For 2-bedroom units or smaller, no preference for families over single purchasers, or vice-versa. Seventy percent of the affordable units may be set aside.for purchasers residing in or employed in the Town and others with continuing connections with the Town, using- LIP standards. Percentage of Affordable Units. In condominium or single-family homeownership developments in which the average value of the.market units is no. more than twice the selling price or rental of the affordable units, a minimum of Twenty-five percent of the units must be sold to Purchasers who meet the Eligibility standard. In condominium or single-family homeownership developments in which the average value of the market units.is three times the selling or rental price of-the affordable units or more, a minimum of Fifty percent of the units must be sold to Purchasers whose incomes are proportionately distributed between 70% of median income and 150%.of median income. For,condominium or single-family homeownership developments in which the selling prices of the units are between two and three times the selling price,the percentage.and range of affordable units will be adjusted proportionately. In lieu of the above standards, the Town may require a.higher percentage of affordable units or a different mix of units, including a distribution of units from highest to lowest end of affordable range if more consistent with local needs. r 4 Continuing affordability. The history of comprehensive permit developments that rely on conventional mortgage financing teaches that market risk falls as much on the Town as on the developer. Mortgage foreclosures-on individual units as well as on entire rental developments -- create a serious risk that affordable housing units will be lost. To forestall similar problems in the future, the Committee will look closely at the marketability of a proposed development and the proposed financial structure, including the debt/equity ratio,to assure that the market risk is minimal. Affordable units will be dedicated, by deed restriction, in perpetuity to affordable housing. All transfers, including by testate or intestate succession, must be at discounted price to eligible purchaser, except that on death of owner property may be transferred to heir who would qualify as eligible purchaser. Deed restrictions must survive foreclosure and bankruptcy. Form of deed restriction to be based on LIP documents,with tightened notice and enforcement provisions. Form of deed rider to follow. Project Design. The project design shall meet all requirements of applicable life-safety codes and of all applicable Regional, State and Federal codes; including the Americans with Disabilities Act. Design of affordable units. The design, mechanical and electrical systems and layout of affordable condominium units shall meet the following minimum requirements: Consistent with market units, but Town can approve or require variations if more consistent with local needs. Minimum size of units and appliances,'finishes, closets, storage and other . features to be based on LIP standards. No external differences between affordable and market units. Location of affordable units. The affordable units shall be distributed throughout the development, but the Town can approve or require variations if more consistent with local'needs. Condominium governance. Initial common charges for the affordable units shall be based on Basic Common Costs, which will include only those items of cost typical to 100% affordable developments. Town to review budget for initial Basic Common Costs and may disapprove ineligible items or unreasonable amounts. The common charges shall be allocated to the affordable units on the basis of sales prices, and among the affordable . units on the basis of unit square footage. . 5 q Increases in common charges to affordable units will be limited to documented increases in Basic Common Costs, approved by the Town. Owners of affordable units will have full access to all services and amenities provided to owners of market units,without discrimination. Any fees charged for the use of community amenities, such as meeting rooms and recreation facilities, other than nominal fees, shall be reduced for owners of affordable units by the same proportion that their common charges are less than common charges for market units. Financial statements of condominium association and managing agent to be kept on GAAP basis and subject to annual audit by Monitoring agent on GAAS basis. Condominium association and managing agent to disclose transactions with related parties. Town may disallow charges to affordable units of costs that are unreasonable. Regulatory agreement. Parties to the Regulatory Agreement will be the Town, the Developer, the lending bank or banks and the Barnstable Housing Authority as Monitoring Agent. Will require developer to comply with requirements of comprehensive permit, build in accordance with drawings and specifications, sell or rent in accordance with marketing plan and comply with record-keeping and audit requirements..Comprehensive permit will not be effective until development agreement is signed and recorded. Lending Bank will monitor construction, using architect, engineer or qualified construction professional acceptable to Town, for compliance with drawings and specifications. Clerk of the Works to certify prior to construction advances that the scope has not changed, or has been approved by Town and Bank. Non-scope changes in excess of budgeted contingencies to be subject to Town's approval. Construction monitor to issue certificate of completion under professional seal, with copies to all parties to Regulatory Agreement. Lending bank will limit advances to lesser of percentage of completion or costs certified by CPA plus 20%. Retention to be at least 10%. Final drawdown to be made no sooner than Thirty days after delivery of certificate of completion to all parties. Monitoring agent will monitor sales and rental programs. Enforcement. Breach of Regulatory Agreement, if not cured, will invalidate comprehensive permit. Town to have express rights to enforce Regulatory Agreement by breach of contract action or injunctive relief.j Regulatory agreement and loan documents to provide that breach of regulatory agreement will be an event of default under loan documents, and bank will take remedial action if requested to do so by Town. Affordability covenants to survive foreclosure and to be conditions of comprehensive permit and to run with land so as to survive bankruptcy. 6 4' Monitoring. . Monitoring agent is the Barnstable Housing Authority. BHA will monitor rentals directly. BHA may subcontract to for ownership units. Form of monitoring agreement to follow. Fees. Rental: Annual fee $25 per unit plus actual cost of annual audit. Ownership: 3% of selling price of affordable unit, paid at closing, plus cost of audit. END. 7 f t r TOWN OF BARNSTABLE HOUSING COMMITTEE Comprehensive Permit Development Documentation,Index to REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS Parties, Whereas/Therefore: Page 1 Project Scope and design 1 Resale Restrictions 2 Deed Rider 2 Resale to Other than Eligible Purchaser 3 Purchase by Municipality 3 Affordability 3 Subsidized Housing Inventory 4 Developer's Covenants and Responsibilities 4 Sale of Units 5 Eminent Domain of Destruction of Premises 5 Compliance 5 Limited Dividend Organizational Criteria 5 Municipal Covenants and Responsibilities 6 Monitoring agent Covenants and Responsibilities 7 Monitoring Agent 7 Agreement Recording Agreement 7 Governing of Agreement 7 Notice 7 Hold Harmless 7 Entire Understanding g Term of Agreement g Successors and Assigns g Default g Mortgagee Consent 9 Witness/Signatures 9 END T ' PROJECT AFFORDABLE HOMEOWNERSHIP DEED RIDER(MODEL) (annexed to and made part of that certain deed (the "Deed")from ("Grantor") to ("Grantee") dated WITNESSETH WHEREAS, it is a purpose of the , a duly organized and existing non-profit organization, to develop and preserve affordable housing for homeownership purposes; WHEREAS, the area known as in the Town of Barnstable is zoned Residential Affordable Housing (RAH) to provide greater flexibility in developing affordable housing in the area; (RAH District only) WHEREAS, the Town of Barnstable has determined that the rights and restrictions granted herein to the Municipality serve the public's interest in the creation and retention of affordable housing for persons and families of low and moderate income and in the restricting of the resale price of property in order to assure its affordability by future low and moderate income purchasers; WHEREAS, eligible purchasers such as the Grantee.are given the opportunity to purchase certain property at a discount of the property's appraised fair market value if the purchaser agrees to convey the property on resale to the Municipality or its delegate or to an eligible home purchaser located by the Municipality or its delegate for an amount equal to the appraised fair market value of the property at the time of resale, as determined by the Municipality or its delegate, multiplied by the applicable Discount Rate (as hereinafter defined) ("Maximum Resale.Price"); WHEREAS, a Discount Rate equal to 30% of the appraised fair market value of the Property (the "Discount Rate") as determined by the Municipality or its agent is hereby assigned to the Property, and such Discount Rate shall be used in determining the Maximum Resale Price of the Property; NOW THEREFORE, as further consideration from the Grantee to the Grantor and the Municipality or its delegate for the conveyance of the Property at a discount, the Grantee, his heirs, successors and assigns, hereby agrees that the Property shall be subject to the following rights and restrictions which are hereby imposed for the benefit of, and, shall be enforceable by, the Grantor's assignees and designees, and the Municipality, acting by and through its Chief Elected Official. Right of First Refusal: When the Grantee or any successor,in title to.the Grantee shall desire to sell, dispose of or otherwise convey the Property, or any portion thereof, the Grantee shall notify the Municipality in writing of the Grantee's intention so,conyjy the Property ("Notice'). The Notice shall contain an appraisal of the fair market value of the Property acceptable to the Municipality prepared by a real estate appraiser acceptable to the Municipality and qualified to appraise property for secondary mortgage markets and recognized as utilizing acceptable professional appraisal r M1' standards in Massachusetts. Within thirty (30) days of the giving of the Notice by t Grantee, the Municipality shall notify the Grantee in writing as to whether the Municipality is proceeding to locate an eligible purchaser of the Property and/or th Municipality shall exercise its right of first refusal to purchase the Property (the Municipality's Notice). The Municipality's Notice will also set forth the Maximum Resale Price. For the purpose of this Deed Rider, an "eligible purchaser" shall mean a purchaser who satisfies the criteria set forth in the Local Initiative Program (LIP) guidelines in effect at the time the Municipality locates such purchaser, and who, if located by the Municipality, is ready and willing to purchase the Property within one hundred and twenty (120) days after the Grantee gives the Notice. In the event that.the Municipality's Notice states that the Municipality does not intend to proceed to locate an eligible purchaser and that the Municipality does not intend to exercise its right of first refusal to purchase the property, or the Municipality fails to give the Municipality's Notice within the time period specified above, the Municipality must, within thirty(30) days, notify at least five (5) non-profit organizations which may have an interest in purchasing the Property, of the availability of the Property. If within another thirty(30) days, there is no non-profit willing to purchase the Property, the Grantee shall have the right to sell to any person regardless of his/her income and at .any price, free,of any future Resale.Restrictions, provided.that the difference between the actual sales price and the Maximum Resale Price (the "Windfall Amount")shall be paid by the Grantee to the Municipality. The Municipality shall deposit all such Windfall Amounts in the Municipality's Affordable Housing Trust Fund. In the event that the Municipality purchases the Property pursuant to its right to do so contained herein, the Municipality shall within six(6) months of the date of registering the Deed either(1) sell the Property to an eligible purchaser at the same price for which it purchased the Property plus any expenses incurred by the Municipality during this period of ownership,subject to a.Deed Rider satisfactory in form and substance to the Municipality and the recording of an Eligible Purchaser Certificate satisfactory in form and substance to.the Municipality, or(ii) rent the Property-to a person who meets the income guidelines of LIP. If after purchasing the Property the Municipality fails to sell or rent the Property within the six(6) month period described above, or if at any time after the initial rental of the Property by the Municipality as provided herein the Property becomes vacant and remains vacant for more than ninety (90) days, the Property shall be transferred to the Barnstable Housing Authority for inclusion in their rental housing program. If an eligible purchaser is selected to purchase the Property, or if the Municipality or a non-profit organization elects to'purchase the Property, the Property shall be conveyed by the Grantee to such eligible purchaser or to the Municipality or to a non-profit organization as the case may be, by..a good and,suf icient quitclaim deed conveying a good and clear record and marketable title to the Property free from all encumbrances except (1) such taxes for the then current year as are not due and payable on the date of the delivery of the deed, (ii) any lien for municipal betterments assessed after the date of the Notice, (iii) provisions of local building and zoning laws, ..(iv) all easements 'restrictions, covenants and agreements of record specified in the Deed from Grantor to Grantee, (v) a Regulatory Agreement among the Municipality-and Grantor. dated , (vi) such additional easements, restrictions, covenants and agreements of record as the Municipality consent to, such consent not to be unreasonable withheld or delayed, and (vii) in the event that the Property is conveyed to an eligible purchaser, a Deed Rider satisfactory .in form and substance to the Municipality which the Grantee hereby agrees to annex to said deed. Said deed shall be delivered and the purchase price paid (the "Closing") at the Registry of Deed in the County of Barnstable, or at the option of the eligible purchaser, exercised by written notice to the Grantee at least five (5) days prior to the delivery of the deed, at such other place as the eligible purchaser may designate in said notice. To enable Grantee to make conveyance as herein provided, Grantee may if he so desires at the time of delivery of deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests; all instruments so procured to be recorded simultaneously with the delivery of said.deed. Water and sewer use,charges and taxes for the then current tax period shall be apportioned and fuel value shall be adjusted as of the date of the Closing and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the eligible purchaser or by the Municipality or the non-profit organization. Full possession of the Property free from.all occupants is to be delivered at he time of the Closing, the Property to be then in the same condition as it is in on the date hereof, reasonable wear and tear only excepted. If the Grantee shall be unable to give title or to make conveyance as above stipulated, or if any change of conditions in the Property not included in the,above exception,-,shall occur,then Grantee shall be-given a reasonable time:not.to.exceed. - thirty(30) days after the date on which the Closing was to have occurred in which to remove any defect in title or to restore the Property to the condition hereby provided for. The Grantee shall use best efforts to remove any such defects in title whether voluntary or involuntary and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The Closing shall occur fifteen (15) days after notice by Grantee that such.defect has been cured or that the Property has been so restored.. The eligible purchaser(or the Municipality or the non-profit organization) shall have the election, at either the original or any extended time for performance, to accept such title as the Grantee can deliver to the Property in its then condition and to pay therefore the purchase price without deduction, in which case the Grantee shall convey such title., except that in:the event of such conveyance in accordance.with the provisions of this clause, if the Property shall have been damaged by fire or casually insured against or if a portion of the Property shall have been taken by a public authority, then the Grantee shall, unless the Grantee has previously restored the Property to its,former condition, either: (a) pay over or assign to he eligible purchaser or the Municipality or the non-profit organization as the case may be, on delivery of the deed,all amounts recovered or recoverable on.account of such insurance or condemnation award, less any amounts reasonably expended by the Grantee for any partial restoration, or I (b) if a holder of a mortgage on the Property shall not permit the insurance proceeds of the condemnation award or a part thereof to be used to restore the Property to its former condition or to be paid over or assigned, give the eligible purchaser or to the g Municipality or to the non-profit organization, a credit against the purchase price, on delivery of the deed, equal to said amounts so retained by the holder of the said mortgage less any amounts reasonably expended by the Grantee for any partial restoration. Resale and Transfer Restrictions: Except as otherwise stated herein, the Property or any interest therein shall not at any time be sold by the Grantee, the Grantee's successors and assigns, and no attempted sale shall be valid, unless the aggregate value of all considerations and payments of every kind given or paid by the eligible purchaser or the Municipality or the non-profit organization as the case may be, to the then owner of the Property for and in connection with the transfer of such Property, is equal to or less than the Maximum Resale Price for the Property and (i) if the Property is conveyed to an eligible purchaser, unless a certificate (the Eligible Purchaser's Certificate") is obtained and recorded, signed and acknowledged by the Municipality acting by and through its Chief Elected Official which Eligible Purchaser Certificate refers to the Property, the Grantee, the eligible purchaser thereof, and states that the proposed conveyance, sale, or transfer of the Property to the eligible purchaser is in compliance with the rights, restrictions, covenants and agreements contained in this Deed Rider, and unless there is also recorded a new Deed Rider the Eligible Purchaser Certificate certifies is satisfactory in form and substance to the Municipality; (ii) if the Property is conveyed to the Municipality unless a Certificate (the "Municipal Purchaser Certificate') is obtained and recorded, signed and acknowledged by the Municipality, acting by and through its Chief Elected Official, which Municipal Purchaser Certificate refers to the Property, the Grantee, the Municipality, and the Maximum Resale Price for the Property and states that the proposed conveyance, sale, or transfer of the Property to the Municipality is. in compliance with the rights, restrictions, covenants, and agreements contained in this Deed Rider; (iii) if the Property is conveyed to a non-profit organization unless a Certificate (the "Non-profit Organization Purchaser Certificate) is obtained and recorded, signed and acknowledged by the Municipality, acting by and through its Chief Elected Official, which Non-profit Organization Purchaser Certificate refers to the Property, the Grantee, the Municipality, and the Maximum Resale Price for the Property and states that the proposed conveyance, sale, or transfer of the Property to the Municipality is in compliance with the rights, restrictions, covenants, and agreements contained in this Deed Rider; TOWN OF BARNSTABLE HO USING CONIlVIITTEE Permit Comprehensive P p e t Development Documentation,Index to O PROJECT AFFORDABLE HOME OWNERSHIP DEED RIDER Page Grantor/Grantee 1 Whereas/Now Therefore 1 Right of First Refusal l Municipal Option 2 Municipal Notice not to purchase 2 Municipal decision to purchase 2 Transfer to Barnstable Housing Authority 2 Transfer to eligible purchaser 2 New Deed and Deed Rider 3 Resale and Transfer Restrictions 4 END REGULATORY AGREEMENTAND DECLARATION OF RESTRICTIVE COVENANTS (MODEL) THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS, is made this day of , 2000, by and between of of MA, and its successors and assigns(hereinafter the "Developer") , of , MA (the`Bank"), and the TOWN OF (the"Municipality"). WHEREAS the Developer intends to construct a housing development known as at , more particularly described in Exhibit A attached hereto and made a part hereof(the"Project"); and WHEREAS the Developer has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to construct of which will be sold to Low and Moderate Income Families; and WHEREAS pursuant to the requirements of the Comprehensive Permit the Developer has obtained construction financing from the Bank through the Federal Home Loan Bank of Boston's New England Fund("NEF") and has met the requirements of both the NEF and the Town of Barnstable's Guidelines for Developments financed by NEF (the "Guidelines"). NOW THEREFORE, in mutual consideration of the agreements and covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: PROJECT SCOPE AND DESIGN The Project presently known as located in will consist of of which will be sold to eligible low and moderate income home buyers (the"Affordable Units" or the"Units"). The Developer agrees to construct the Project in accordance with Plans and Specification approved by the Municipality and the Bank. In addition, each Affordable Unit to be constructed as part of the Project must be indistinguishable from the market-rate units in the Project from the exterior, and must contain complete living facilities including but not limited to a stove, kitchen cabinets, plumbing fixtures, and washer/dryer hook-up, to be fully.shown in the Plans and Specifications. Each Affordable Unit will contain either two bedrooms with a minimum area of 850 square feet or three or more bedrooms with a minimum area of 1200 square feet(four bedroom.units must have a minimum area of 1400 square feet) 1 The Project must full comply with the State Building Code and with all applicable J y p y g pp a stat� and federal building, environmental, health, safety and other laws, rules, and regulations, including without limitation all applicable federal and state laws, rules and.regulations relating to the operation of adaptable and accessible housing for the handicapped. Except to the extent that the Project is exempted from such compliance by the Comprehensive Permit, the Project must also comply with all applicable local codes, ordinances, and by-laws. Each Affordable Unit must be affordable to and sold to households with a maximum income of 80% of Area Median Income(as defined by HUD), in accordance with the Comprehensive Permit and the Guidelines, to an Eligible Purchaser. An Eligible Purchaser is a purchaser who satisfies the criteria set forth in the Guidelines, as they now exist and may be amended the future. Upon issuance of a building permit for the Project, the Project will be submitted to the J Massachusetts Department of Housing and Community Development (DHCD)for inclusion in the Subsidized Housing Inventory as that term is described is 760 CMR 31.04 0). RESALE RESTRICTIONS: DEED RIDER . The Deed Rider and any affordability criteria in this Agreement are covenants which run with the land in perpetuity. At the time of sale of each Affordable Unit; and as a condition of the sale, the Developer and the Unit Purchaser shall execute a Deed Rider in the form of Exhibit C attached hereto and made a part of this Agreement. This Deed Rider shall be made a part of the deed from the Developer to the Unit Purchaser. The Deed Rider shall require that at the time of the initial resale, and at all subsequent resales, a similar Deed Rider satisfactory in form and substance to the Municipality be executed and attached and made part of the deed from the Unit Purchaser to the Eligible Purchaser, so that the affordability of the Unit will be preserved in perpetuity The Deed Rider h 1 require sal eq a the Unit owner at the time he/she desires to sell the Affordable Unit to notify the Municipality whereupon the Municipality, or its designate, will determine the Discounted Purchase Price by applying the Discount Rate, as defined below(under Affordability), to a current appraisal of the Affordable Unit Each Deed Rider shall also require the Unit Purchaser at the time he/she desires to sell the Unit to offer it to the Municipality at the Discounted Purchase Price. The Municipality or its delegate shall have the option, upon terms more particularly described in the Deed Rider, to either purchase the Affordable Unit or to find an Eligible Purchaser. 2 I RESALE TO OTHER THAN ELIGIBLE PURCHASER If upon the initial resale or any subsequent resale of an Affordable Unit the Municipality or its delegate are unable within one hundred twenty(120) days to find an Eligible Purchaser for the Unit and the Municipality elects not to exercise its right to purchase,the Municipality or its delegate must within thirty(30) days notify at least five(5)non:profits which may have an interest in purchasing the property, of the availability of the Unit. If within an additional thirty(30)days there is no non-profit willing to purchase the Unit, the Unit Owner shall then have the right to sell to any person regardless of his/her income and at any price, free of any future Resale Restriction, provided that the difference between the actual resale price and the Discounted Purchase Price for which the Municipality or an Eligible Purchaser could have purchased the Unit(the"Windfall Amount") shall be paid by the seller to the Municipality. The Municipality shall deposit all such Windfall Amounts from the sale of Affordable Units in the Municipality's Low and Moderate Income Housing Fund(as the term is hereinafter defined). PURCHASE BY MUNICIPALITY In the event that the Municipality purchases an Affordable Unit pursuant to its right to do so contained in the Deed Rider then the Municipality shall within six(6)months of the date of registering the deed either(i) sell the Unit to an Eligible Purchaser at the same price for which it purchased the Unit plus any expenses incurred by the Municipality during this period of ownership, subject to a Deed Rider satisfactory in form and substance to the Municipality and the recording of an Eligible Purchaser Certificate satisfactory in form and substance to the Municipality the method for selecting such Eligible Purchaser to be approved by the Monitoring Agent, or(ii)rent the Affordable Unit:to a person who meets the income guidelines of the Local Initiative Program(LIP), upon terms and conditions satisfactory to the Monitoring Agent and otherwise in conformity with the requirements of the Guidelines. If after purchasing the Affordable Unit the Municipality fails to sell or rent the Unit within the six(6)month period described above, or if at any time after the initial rental of the Affordable Unit by the Municipality as provided herein the Affordable Unit becomes vacant and remains vacant for more than ninety(90) days, the Unit shall be transferred to the Barnstable Housing Authority for inclusion in their rental housing program. AFFORDABILITY In accordance.with the Deed Rider(Exhibit C), the Units must be sold to an Eligible Purchaser as defined by the Guidelines as the Guidelines now exist and may be amended in the future. The maximum sales price for an Affordable.Unit at subsequent resales will be determined by applying a Discount Rate, established at the initial sale, to the Unit's appraised value at the time of resale. This Discount Rate will be determined by the Municipality and will be 3 L applied to all subsequent resales. The Discount Rate is the percentage of the Unit's fair market value for which the Unit was actually sold. Fair market value for the purposes calculating the Discount Rate will be determined by the Bank prior to the initial sale. T fair market value of the Affordable Unit at the time of resale will be determined by an appraisal performed by a licensed appraiser retained by the Seller. SUBSIDIZED HOUSING INVENTORY Each Unit will remain a Subsidized Housing Unit and continue to be included in the Subsidized Housing Inventory for as long as the following three conditions are met: This Agreement remains in full force and effect and neither the Municipality nor the Developer are in default hereunder; the Project and the Unit each continue to comply with this Agreement, and with the Guidelines as the same may be amended from time to time; and either (i)a Deed Rider binding the then current owner of the Unit to comply with the Resale Restrictions is in full force and effect and the then current owner of the Unit is either in compliance with the terms of the Deed Rider, or the Municipality or its delegate is in the process of taking such steps as may be required to enforce the then current owner's compliance with the terms of the Deed Rider, or (ii)the Unit is owned by the Municipality and the Municipality is in compliance with the terms and conditions of this section. DEVELOPER'S COVENANTS AND RESPONSIBILITIES: THE DEVELOPER HEREBY REPRESENTS, COVENANTS AND WARRANTS AS FOLLOWS: The Developer is a limited dividend organization meeting the criteria set out in Section (?above), duly organized under the laws of the Commonwealth of Massachusetts, and is qualified to transact business under the laws of this State has the power and authority y to own its properties and assets and to carry on its business as now being conducted, and has the full.legal right, power and authority to execute and deliver this Agreement The execution and performance of this Agreement by the Developer will not violate or, as applicable, has not violated any provision of law, rule or regulation, or,any order of any court or other agency or governmental body, and will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note, or other instrument to which the Developer is a party or by which it or the Project is bound, will not result in the creation or imposition of any prohibited encumbrance of any nature. The Developer will, at the time of execution and delivery of this Agreement, have good and marketable title to the premises constituting the Project free and clear of any lien or encumbrance(subject to;encumbrance created pursuant to this Agreement, any loan relating to the Project the terms of which are approved by the I Municipality, or other�:permitted encumbrances, including mortgages referred in paragraph below). 4 ' f There is no action, suit or proceeding at law or in equity or by or before any government instrumentality or other agency now pending, or, to the knowledge of the Developer, threatened against or affecting it, or any of its properties or rights, which, if adversely determined, would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement)or would materially adversely affect its financial condition. SALE OF UNITS Except for sales of Units to home buyers as permitted by the terms of this Agreement, Developer will not sell, transfer, lease, exchange, mortgage, or otherwise encumber the Project without the prior written consent of the Municipality. EMINENT DOMAIN OR DESTRUCTION OF PREMISES Until such time as decisions regarding repair of damage due to fire or other casualty, or restoration after taking by eminent domain, shall be made by home buyers or the Municipality should ownership be in that entity, the Developer agrees that if the Project, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use, the Developer will use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation, and thereafter to operate the Project in accordance with the terms of this Agreement, subject to the approval of the Project's lenders, which lenders have been approved by the Municipality. COMPLIANCE The Developer agrees to comply and to cause the Project to comply with all requirements of the Regulations and Guidelines and all other applicable laws, rules, regulations, and executive orders. The Municipality, or its designee shall have access during normal business hours to all books and records of the Developer and the Project in order to monitor the Developer's compliance with the terms of this Agreement and with the Comprehensive Permit Developer hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. LIMITED DIVIDEND ORGANIZATION CRITERIA The Developer agrees that Project development costs will be approved by the Municipality and Barnstable Housing Authority in its role as Monitor which approval shall not unreasonably be denied. The Developer further agrees that the aggregate profit from the Project net of related party expenses, including developer's fees, shall not exceed twenty 5 i percent(20%) of total development costs of the Project(the"Allowable Profit"). All profits from the Project in excess of the Allowable Profit (the"Excess Profit") shall be paid by the Developer to the Municipality to be deposited into the Municipality's Lo Moderate Income Housing Fund. Upon issuance of final Certificates of Occupancy for all of the units, the Developer shall deliver to the Municipality and the Barnstable Housing Authority, in its role as Monitoring Agent, an itemized statement of total development costs together with a statement of gross income from the Project received by the Developer to date, in a form satisfactory to the Municipality(the"Certified Cost and Income Statement") If all units at the Project have not been sold as of the date the Certified Cost and Income Statement is delivered to the Municipality, the Developer shall at least once every ninety (90)days thereafter until such time as all of the units are sold; deliver to the Municipality an updated Certified Cost and Income Statement. For as long as the Developer complies with the requirements of.this Section, the Developer shall be deemed to be a Limited Dividend Organization within the meaning of the Act MUNICIPALITY COVENANTS AND RESPONSIBILITIES: The Municipality agrees.that all amounts constituting Excess Profit, Windfall Amount, or any amount paid to the Municipality by the Developer or the Unit Seller pursuant to the provisions of this.Agreement shall be deposited in the Municipality's Affordable Housing Fund. This Affordable Housing Fund shall be an interest-bearing account used from time -to time by the Municipality with approval of the Local Housing Partnership, for the purpose of reducing the cost of the Project's Affordable Units for Eligible Purchasers,and for the purposes of encouraging, creating, or subsidizing the construction or rehabilitation of housing for Low to Moderate Income individuals and families elsewhere in the Municipality. The Municipality, and any delegate to which the Municipality might assign its rights and duties under this Agreement, agrees that it will use such means as provided in this Agreement and the attached Deed Rider to maintain the affordability of the Units, by means of exercising the right of first refusal, or by notifying, by means more fully described above, other non-profits of the availability of a Low to Moderate Income Unit. The Municipality further agrees that it or its delegate will continue to monitor the Units annually to ascertain the status of the Unit's tenancy and compliance with,all of the provisions of the Deed Restriction, and to offer to the Unit owner a.referral for financial counseling or other such intervention when deemed appropriate. 6 MONITORING AGENT COVENANTS AND RESPONSIBILITIES: MONITORING AGENT The Barnstable Housing Authority agrees to perform the duties of Monitoring Agent and to adhere to the responsibilities as defined in the Monitoring and Marketing Agreement entered between the Barnstable Housing Authority and the Developer. (Attached and made part of this Agreement) Within days after delivery by Developer to BHA of the Certified Cost and Income Statement(see above), BHA will submit to the Municipality its figures and analysis based upon the Statement(in a form agreed to by the Municipality...) STATUS OF AGREEMENT: RECORDING OF AGREEMENT Upon execution, the Developer shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or, if the Project consists in whole or in part of registered land, file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the"Registry of Deeds"), and the Developer shall pay all fees and charges incurred in connection therewith. Upon recording or filling, as applicable, the Developer shall immediately transmit to the Clearinghouse and the Municipality evidence of such recording or filing including the date and instrument, book and page or registration number of the Agreement GOVERNING OF AGREEMENT This Agreement shall be governed b the laws of the Commonwealth of Massachusetts. �' g Y Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part or provision of this Agreement shall not affect the validity of the.remaining portions hereof. NOTICE All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate by written notice HOLD HARMLESS The Developer hereby agrees to indemnify and hold harmless Municipality and/or its delegate from any and all actions or inactions by the Developer, its agents, servants or 7 6 r employees which result in claims made against Municipality and/or its delegate, inclu but not limited to awards,judgments, out-of-pocket expenses and attorney's fees necessitated by such actions. ENTIRE UNDERSTANDING This Agreement and its constituent exhibits A-?, hereby made part of the-Agreement, shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing, executed by the parties, and appended to this document. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be an affordable housing restriction as that term id defined in MGLC 184, Section 31 and as that term is used in MGLC 184, Section 26, 31, 32, and 33. This Agreement is made for the benefit of DHCD, and DHCD shall be deemed to be the holder of the affordable housing restriction created by this Agreement. DHCD has determined that the acquiring of such affordable housing restriction is in the public interest. TERM OF AGREEMENT The term of this Agreement shall be perpetual. SUCCESSORS AND ASSIGNS The Parties to this Agreement intend, declare, and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached Monitoring and Marketing Agreement. The Developer intends, declares, and covenants on behalf of itself and its successors and .assigns(i)that this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land, encumbering the Project for the term of this Agreement, and are binding upon the Developer's successors in title, (ii) are not merely personal covenants of the Developer, and(iii) shall bind the Developer, its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. DEFAULT If any default, violation or breach by the Developer of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30)days after notice to the Developer thereof, then the Monitoring Agent may send notification to the Municipality that the Developer is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Developer will pay all costs and expenses, including legal fees, incurred by the Monitoring Agent in enforcing this Agreement and the Developer hereby agrees that the Municipality and the Monitoring Agent will have a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent may 8 perfect such alien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing.in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof it 044 be liable for the payment of any unpaid costs and expenses that-were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. MORTGAGEE CONSENT The Developer represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed a consent to this Agreement. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of 312000. TOWN OF BARNSTABLE BY: THE DEVELOPER BY: 9 ® do Hyannis Main Street Waterfront Historic District Commission sniaysznsi.E. = 230 South Street ^' Mass ri'_. :r: �e39• �0�' Hyannis,Massachusetts 02601 r; ` ;-. ; , A r rN fo A L if ii` i MINUTES OF THE HYANNIS MAIN STREET WATERFRONT HISTORIC DISTRICT COMMISSION MEETING (;_ %'Y °`A DECEMBER 5,2001 0 'The meeting was held in the conference room in the basement of the School Administration Building at 230 South Street,Hyannis,MA at 6:00 p.m. Members Present: Jessop(Chair),Atsalis,Flinn,Cotellessa,Morin Members Absent: Drouin,Devlin,Scudder Others Present: Staff was not present. The meeting was called.to order at 6:00 p.m.by Jessop,(Chair)..A quorum was met. Stinky's Tobacco,569 Main Street,Hyannis,MA.Assessor's Map 308 Lot 111.Certificate of Appropriateness for a new si n g Rejected The applicant was not present to represent the application. Cotellessa made the motion to.reject,Flinn seconded,all voted in favor. Flinn asked if Stinky's has everything in order. Morin asked if there were any changes submitted to the file since the last meeting,Flinn said without staff it is hard to tell.Jessop said they do have a color photo indicating where the sign will be,and a mockup of what the sign will look like,he passed them around. Morin asked if those were in the file before at the last presentation. Jessop said he didn't think they were.Morin asked if this was something the Commission had asked them to submit. Jessop said he thinks the question is whether it meets the requirements for sign area. Flinn said that would be something take up with Gloria. Jessop said it says that it is a 16'x 84' PVC sign,no indication of thickness or texture of the sign.He said there is no indication of what the physical sign is going to look like.Jessop said he was concerned about the thickness,that it could be a thin sheet which is what they were trying to avoid. Flinn suggested adding a thickness requirement.Jessop said there is nobody here to agree to it.Flinn said if they do not agree they can refile it.Cotellessa said they could rescind the motion in case the applicant showed up. He made a motion to rescind the motion and delay consideration of Stinky's to the last item on the agenda. At the end of the meeting there was still no representative for Stinky's.Jessop said they need a rep to be sure that what the Commission imposes is acted on. Flinn said they could approve the color and design if it was 3/4 inch thick. Jessop said the Commission had made it clear that they needed clarification two weeks ago.There is no indication of thickness,or edge treatment or material in the application.Lacking that information again they are unable to continue the application unless they approve it by default through non-action. Atsalis made the motion to deny the application and Cotellessa seconded..All voted in favor. Rejected Rockland Trust Company,,442 Main Street,Hyannis,MA.Assessor's Map 309 Lot 223.Certificate of Appropriateness for construction of a lane and a half drive-up canopy over the existing banking area with modifications to the parking area. Approved as submitted Don Lonergan of DRL Associates INC.was present to represent the application. He passed an old photograph they found in the basement of the building. The photo shows the building around 1950 with a full drive through canopy all the way to the back with a six lane canopy.They do not know when it was taken down to leave one small 6ft window which is what the current situation is. They now want to pick.up the line that was there 50 years ago and extend it out 15 feet to create:two drive up lanes for the back. He continued that everything will match what is there currently. He showed the side elevation and the existing roof that they want to extend 15 ft to create the lanes and drive up canopy. He showed the back elevation looking directly onto it and he passed a photo showing exactly what is there now. He said they are going to do some work in the parking lot.They are going to clean it up and make three drive up lanes.He said they are cutting a new entrance into the parking lot off of the long drive-up access lane. Flinn asked if they had any plans to open the gate.The applicant said the gate will be open. That is scheduled to be done Dec. 19th.Atsalis asked if there would be any plantings on the street side.The applicant said no,that everything will be left as it is. There is no room for landscaping. Jessop asked if they had considered any other r style of roof for the unit. The applicant said several but they decided to work with what there was any signage associated with it,the applicant said other than drive up open and close no motion to`approve. Cotellessa seconded. All voted in favor. at was there-Jessop asked if Approved as submitted ' Flinn made a Baybridge Clubhouse,278 Main Street,Hyannis,MA,Assessor's Map 327 .Lot 0 9 Appropriateness for fence at the back of building and three awnings,two in 09. Certificate tof h Approved as revised the back and one in the front. Cynthia Cole was present to represent the application.There was another male applicant They said they would like an awning at the front that would look like an old picture they had found PP ant who did not give his name. having three separate awnings they want one across the front. There will bean w of will be a small awning over the door to the entrance in the back. The back of the abuildingngwill stead There awning of about 25 ft,with about a five foot fence in front of that. The a inning fl om front it back. There. . The fence would be white lattice or cream lattice,diagonal or square. Jessop require a very large back. Cole said it is inches from the face of the building and the are caning Would where out and reach the fence. Town Attorney on that issue to have them approve the fence on To asked where the a property P rh'line is at the building,how much they would overhang.the sidewalk. n y e working with the Town Manager and the Town property. Flinn asked about the front of the. going to be permanent. The retractable are outrageously expensive. Jessop confirmed that it would e applicants said the set back is about 4 ft. The awning is and the material on it would be burgundy and cream. Cole said part of the problem with the building deplorable paint job and needs another coat of paint. The building was blue and now the blue be a rigid frame current white paint Job which makes it look a is that u has a white to pick up the undercoat of blue.Fliwernn ue is coming through the gray and leads one to wonder if it would be better to go with blue and not see a problem with getting another co p1 of layers of��, teplmg°n repaintin . of using a lamp black or burnt umber which increases the whhidin g The applicant said he did Paint. Jessop said that that is one of the advantages cream or light gray appearance. He said the other option is to use a producwehi h isl and ally s where Youget the undercoat such as Kills rather then just painting it white. Flinn wondered if the cream along with the would make the building look d designed an dirty. She said she would like to see the changes proposed but also see thdirty c colors compliment. The applicant said he could work on the colors and that he was very white on the cloth would become dingy too fast. F flexible. Cole said that a sharp with off white they get really d' thin said y his all get dingy shag�,ia white but if you start Different awning y �Y• Cotellessa said that is why his awning is all cranbe wain colors were discussed,burgundy,green and blue in a solid or stripe. Jessopso it won't show the said this would b dirt. about the only color on the facade,a horizontal band right across the front of the building with the d ow underneath it on the Main Street facade. a Just accent.. It could be solid or striped but if dinginess and a minis imum color dg are a coern umbrella underneath th iis ma nice and white stripes might be brighter with the planters. Jessop said the size of the building and painted white,for an economy finish,painting the building a cream color brings down Morin said the cranberry it easier to maintain because it has more hidingdmg alone makes it stand out to make another part of that building Power and any bleed through is less noticeable.It also allohe scale of it ws them ted as it would look so much better then leaving it thet>eaccent.Flinn said she would like to see the building enough hiding dingy gray it is right now. Jessop agreed because the white does not have g power: Atsalis said the landlord should paint the building off white then the a if the building is not going to be painted. Jessop asked if they could et a co Macomber,.the landlord was present,and Jessop said that the had an a caning l right but not g mmitment from the landlord. Terry folor a building e they could get it repainted in an off white.Macomber said he had no problem color and that they were going to fix the second floor and do y caning material they would like to approve is going to be changed in three or four months..With the new a the whole facade. y painting ow it m that floor and he has no preference for the color so that's e new Jesso asked i The could paint a now but on . awning with the no Preference paint scheme for the that, i F pent laws they want Commission change the whole second P f the Commission wanted to approve the awning is planisol 364205 Bur g limn made a motion that they approve it that way. The awning.Color samples are to belssubmitted to staff of the buildinge building color 's pamt to be rC to match the color cream in the building's paint job is not the greatest and needs to be toned down which would be in explained keeping xplained to Macomber that the is proposing for the awning. Macomber said that when he painted the building b went with the withC;at Baybridge Of color and Atsalis explained how the color had bled through. Atasle said that is a high contribute to discoloring the stripe• She said they should consider that the a s suggestion maintenance. Cole mentioned the discussion at the previous meetingre traffic area which will caning'will get dirty and need some are not changing their minds,just discussing the awning•Jessop said they have samples that are very g . caning,and Atsalis said they keeping with what they suggested. The lattice fencing would be the light color of the awning right up to the awning. much in g The Baybridge representative showed two diagrams, one of the back lattice,white abouand the lattice t.5f t tall with an 8 inch window box at the top and about 4 inches at the bottom for air and water.Jesso p asked if they i i would have a snow problem with the awning on the curb.The representative said they had just built it up a bit on the curb in the back for drainage. The window box will be attached right on top of the fence and the awning will hang a bit inside of it.Flinn asked if the awning would interfere with the window box and if there would be space for the flowers.Flower.boxes could be put on the outside of the fence.The representative said there would be about 8 inches. The awning would have a scalloped edge. They are not inclined to put out any benches. Atsalis asked that the window have a closed shade to neaten the facade. Jessop wanted to see something from the Thwn to show what they propose to de about the fence regarding the easement and the stop sign that is there. The Stop sign is on the comer and the awning and fence should not obstruct it. The fence is vinyl as proposed. Atsalis-asked if a vinyl fence dents if it gets bumped.It does. She asked if the same thing could be designed in a wood fence that could be stained.Morin suggested a nice thick cedar with a pre-stained treatment. Jessop said it would save money and have far less vandalism hazard.Jessop said vinyl could be burned easily and Atsalis said it is hard to repair. Slat thickness was 1/4 inch,2 x 2 diagonal.Jessop noted that there are two kinds of diagonal, 90 degree or 60 degree.It will be 1/4 inch 2 x 2 diagonal pre-stained cedar with Sherwin Williams Woodscape.The posts are to be cedar and identically stained. Jessop suggested nailing some flash guards to keep the snow plows from plowing under the fence. Flinn made the motion again,including repainting the building so it coordinates with the awning of cream and cranberry stripe and that the lattice fence in back is made out of cedar with enough space for the widow boxes to avoid awning interference on the top or the outside of the fence.Morin questioned the cream color for the building and Flinn asked if he was saying he'd like the windows to be an accent color. Morin said he didn't want to belabor it if everyone thought the color was appropriate. Jessop said it had previously been a large gray building and then it was painted blue. Discussion of the color ensued.Atsalis suggested the building be off white,cream to Navajo tan. Flinn.continued the motion,to repaint the building to coordinate the building with the awning's cream color in a creamy white. The cedar lattice fence with diagonal design 1/4 inch slats,2x2 diagonal lattice,cedar posting, stained in Sherwin William's Woodstain,with the window boxes either on top or on the outside,so it does not interfere with the awnings on the back.and the awning over the back door.Macomber said he would come before the Commission when he had new plans for the facade.Atsalis seconded the motion.All voted in favor. Approved as revised Other business: John Sweeney was present for an informal discussion of his proposal to demolish of Maggies'Ice Cream,570 Main Street.He bought the building 9 or 10 years ago when it was in bad condition and it is still in bad condition,he said it is structurally in bad shape.He would like to remove the old building and put up a new one with two store fronts keeping the ice cream where it is now with 25 feet of renting space and rental stores and 4 two bedroom townhouses.The building would not be three stories high as the top would consist of dormers around the building.Flinn asked if he was aware that it is one of the oldest buildings in the historic district.The Commission gave him a copy of the National Register record. Flinn explained that it is a Federal designation and of interest not only to the HDC but to Mass Historic as well. Sweeney asked if he should do a survey of the structural integrity of the building,Jessop said yes and it should be submitted as part of the application. Minutes: The meeting adjourned at 725 pm. TOWN OF BARNSTABLE ---m DAY TEMP.C.O.FIRST FLOOR PARCEL ID 327 099 GEOBASE ID 24203 ADDRESS 278 MAIN STREET (HYANNIS PHONE HYANNIS ZIP - LOT BLOCK LOT .SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 47370 DESCRIPTION 30 DAY TEMPORARY C_0. PER` 17T TYPE BTCOO TITLE TEMP. OCCUPANCY PERMIT CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: BOND $.00 CONSTRUCTION COSTS $_00 756 CERTIFICATE OF OCCUPANCY I -=v``'i PRIVATE P Cfi63iiABLM ' 039. MICA BUILj S N BY DATE ISSUED 07/12/2000 EXPIRATION DATE --------------------------------------- -- THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED.UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4,FINAL INSPECTION BEFORE OCCUPANCY. - e A - � • - • BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS R 3 I� ���-- n C O 1 _HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT Co (2 I 2�� '7Q�� 11 NJ j p 2 ,,,,a Qt as w --a,V% BOARD OF HEALTH pp /Lv�. ff OTHER: SITE PLAN REVIEW APPROVAL ��F�oOti —o►� N6 K► [WORK SHALL OT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. �(7370 1 �tHEA Town of Barnstable Building Department - 200 Main Street BAP.NffABLE. * Hyannis, MA 02601 9 MASS 1639. . (508) 862-4038 Certificate of Occupancy Application Number: 20064381 CO Number: 20070075 Parcel ID: 327099 CO Issue Date: 04126/07 Location: 278 MAIN STREET (HYANNIS) Zoning Classification: HYANNIS VILLAGE BUSINESS DIST Village: HYANNIS Gen Contractor: WOOD,OAN Permit Type: CC00 CERTIFICATE OF OCCUPANCY COMM Comments: RESIDENTIAL APARTMENT Building Department Signature Date Signed 9 SINE MingTOWN OF BAR'r ILE 'Bul Application Ref: 20064381 BARNSTABLE, Issue Date: Ol/03/07 Permit MASS. 9Qp 1639• ��� Applicant: ,� '` Permit Number: B 20070017 Proposed Use: COMMERCIAL Expiration Date: 07/03/07 Location 278 MAIN STREET (HYANNIS) Zoning District HVB Permit Type: COMMERCIAL ADDITION ALTERATION Map Parcel 327099 Permit Fee$ 243.00 Contractor WOOD,DAN Village HYANNIS App Fee$ 100.00 License Num 062822 Est Construction Cost$ 30,000 Remarks APPROVED PLANS MUST BE RETAINED ON JOB AND MIXED USE ONE APARTMENT THIS CARD MUST BE KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH Owner on Record: TRIPLE I INVESTMENT LLC BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL Address: P O BOX 796 INSPECTION HAS BEEN MADE. HYANNISPORT, MA 02647 �� Application Entered by: PR Building Permit Issued By: V4—IAA� THIS PERMIT CONVEYS NO:RIGHT TO OCCUPY ANY STREET,ALL Y.OR SIDEWALK OR ANY PARTTHEREOF,EITHER TEMPORARILY OR PER?IANENTLY. ENCROACHEMENTS.ON PUBLIC PROPERTY;'NOT SPECIFICALLY PERMITTED`.UNDER:THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION. STREET OR GRADES AS WELL':AS DEPTH AND LOCATION OF PUBLIC'S EWERS`MAY BE,OBTAINED FRONT THE DEPARTMENT OF PUBLIC'W, IRKS. THE ISSUAl\CE OFTHIS PERMIT.DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK: 1.FOUNDATION OR FOOTINGS. 2.ALL FIREPLACES MUST BE INSPECTED AT THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED. 3.WIRING&;PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION. 4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). 5.INSULATION. 6.FINAL INSPECTION BEFORE OCCUPANCY. WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS. WORK SHALL NOT PROCEED UNTIL THE IN HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED AS NOTED ABOVE. PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c,142A). fknx ,: BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS dO< 2 2 -��„�,Z ,-�'1�� 2 � ez ':�"z 3 . .- S�/A �S 1 Heating-Inspection Approvals Engineering Dept 4 (2 7 Fire Dept 3 R1 p 7 2 !3 ^2.°j o Board of Health J _ . TOWN OF BARNSTABLE 30 DAY TEMP.C.O.FIRST FLOOR PARCEL ID 327 099 GEOBASE ID 24203 ADDRESS 278 MAIN STREET (HYANNIS PHONE HYANNIS ZIP LOT BLOCK LOT SIZE DBA DEVELOPMENT . DISTRICT HY PERMIT 47370 DESCRIPTION 30 DAY TEMPORARY C.O. - PERMIT TYPE BTC00 TITLE -TEMP. OCCUPANCY PERMIT CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: BOND $.00 pxT CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY 1 PRIVATE P ABLE. # MASS. �1► i639. ED�A BUIL N BY DATE ISSUED 07/12/2000 EXPIRATION DATE �... f T'r iro t n L_;,d 0i1 .... I� •s � ter !t a. ' J Department of Health, Safety and Environmental Services 039. iY = � BUILD �G�DIVISIOI�T I' r,, r a. l ? �i O� (�,»L+ _ x—'i$+R" x 'g ' THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE.JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OFTHIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE.RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE THIS CARD KEPT POSTED UNTIL.FINAL INSPECTION ' 1.FOUNDATIONS OR FOOTINGS PERMITS. ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE:'WHERE A CERTIFICATE OF"OCCU (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ELECTRICAL,PLUMBING AND MECH- IONS 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. A1.1NICAL INSTALLAT 4.FINAL INSPECTION BEFORE OCCUPANCY. • 0 , . = • BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS y's' ELECTRIC4 INSPECTION APPROVALS ?0,0'0 . 2 - 3 1 J �� p C O 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT fo (2(2oD . n�T 2 nF�v+14I C�cs _ � ..0 V% _ ,;BOARD OF HEALTH OTHER: SITE PLAN REVIEW APPROVAL WORK SHALLUT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE.THE:.PERMIT IS ISSUED'AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. .. r TOWN OF BARNSTABLE MAY INSTITUTE-FIRST FLOOR-CERTIFICATE OF OCCUPANCY t PARCEL ID 327 099 GEOBASE ID 24203 ADDRESS 278 MAIN STREET (HYANNIS PHONE HYANNIS ZIP - LOT BLOCK LOT SIZE ° I DBA DEVELOPMENT DISTRICT HY i PERMIT 47370 DESCRIPTION OCCUPANCY PERMIT FIRST FLOOR--MAY INSTITUTE PERMIT TYPE BCOO TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS: Department of Health Safet ARCHITECTS: P ,n Y and.Environmental Services TOTAL. FEES: BOND $.00 WE CONSTRUCTION COSTS $.00 756 CERTIFICATE OF OCCUPANCY 1 1 PRIVATE P. C: * HARNSTABLFti ; MABS. �ED MA'S BUILDING DIV/TON BY --�--1 �--''ti DATE ISSUED 07/12/2000 EXPIRATION DATE TOWN, OF BARNSTABLE -' k ' C.DAY TEMPI .0.FIRST FLOOR PARCEL iD 327 099 G.EOBASE -ID 24203 ADDRE.S 278 MAIN STREET (HYANNIS PHONE HYANNIS _. ZIP - LOT BLOCK 1 LOT SIZE DB4 DEVELOPMENT = DISTRICT HY PERt-FT 47370 DESCRIPTION 30 DAY TEMPORARY C.0 PEFI11'1` TYPE BTCOO TITLE TEMP. OCCUPANCY PERMIT g� CONT P- CTORS: Department of Health, Safety ARc1 T ,cTs: and Environmental Services TOTAL FEES: BON') $.00 COPd�SoT SUCTION COSTS $.00 1 756 CERTIFICATE OF OCCUPANCY 1 -'7 vPRIVATE P' 39 Mlr►� BUIL S N BY. DATE ISSUED 07/12/2000 EXPIRATION DATE THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY.EN- CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1:FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU- ELECTRICAL,PLUMBING AND MECH- (READY TO LATH). PANCY IS REQUIRED,SUCH BUILDING SHALL NOT BE ANICAL INSTALLATIONS. 3:INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. I MOM • BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS a l( GSo (q gMo 3 ?�N I J I (� C O 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT ;Npp�S l Q 2 A 4ns w1 BOARD OF HEALTH OTHER: �'� SITE PLAN REVIEW APPROVAL r. 7 I I by WORK SHALLf4OT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS INDICATED ON THIS THE INSPECTOR HAS APPROVEDTHE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. NOTED ABOVE. TION. e TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Ma 3 a7 Parcel 0 i 1 / p U: xg C �Permit# Health Division ©gte Issued JAN -� Conservation Division �� ?�QO Z / ' l Fee Tax Collector ...Treasurer �"C✓ 0/l� Planning Dept. Date Definitive Plan•Approved by Planning Board Historic-OKH Preservation/Hyannis Project Street Address IM 111 �T Ny1�,V A Village e �-t iA 0 h A i S Owner KC90 NCA1AMiY1 A Address PO pwx 6441 0STEk6lk it-1N 6;, LG5 Telephone Permit Request ' v IN.SNI AW q iN 6_-S , Square feet: 1st floor: existing proposed 2nd floor: existing proposed Total new Valuation 1910c, Zoning District Flood Plain Groundwater Overlay 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 Historic House: ❑Yes 6o On Old King's Highway: ❑Yes 54o 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 ❑new size Shed:❑existing ❑new size Other: Zoning Board ofAppeals Authorization ❑ Appeal# Recorded❑ Commercial M//Yes ❑ No If yes, site plan review# Current Use Proposed Use BUILDER INFORMATION Name K -�'( f c & ,tt_A Telephone Number Address f (N4 License#I C9 kke I H A DA_ Home Improvement Contractor# Worker's Compensation# � ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE e DATE - a: FOR OFFICIAL USE ONLY f3 . PERMIT NO. DATE ISSUED ` MAP/PARCEL NO. • sX ADDRESS VILLAGE OWNER fi Le DATE OF INSPECTION: FOUNDATION r Y _ $ FRAME FINSULATION FIREPLACE t y ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING w T DATE CLOSED OUT r r ASSOCIATION PLAN NO. '' ' T7:e Commonwealth of Massachusetts --` =—•= Department of Industrial Accidents ,� °=:-- ; .� ; 011lcaol/aiastlpstloas 600 Washington Street .......... ;, Boston,Mass. 02111 / Workers' Com ensation Insurance Affidavit y q/ name �L�-�1-�1 MC I j ksv'r A location: cy b 5 it ohone ❑ I am a homeowner performing all work myself ❑ I am a sole IU LL tor and have no one worldn in aav an this'ob. 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Y±:4}::.:......±r.2,•:::.w,»•a±}>•:.}y:?:R•x:v}:,t::±>kt.{{.x•::..........................:.t.:.}Y. ..:• >}}f:;>:{.},;I::Y`Y,lt{:;}:;;;G}.T.w.,... .:•.Y.•.......r.<.tx4w..........'R..... .:..y?::- .4••.;.• _7=ems y', ..;::.::..:..:..:::........:.:::Y{�x} ...v nQht{{4'?yi.x•:•x4:{M.�.n♦:??kC;1xiJ:i{,}:,ri:{.:{„4�4�,�;'.��.kn7.�vt•.�-r� •:.�.�.`.:`0$:kii'} 011�,r••'�^'�.. as order Section ISA of MQ.1S2 taalead to the lmpositlaaof e 1 penaitlea of a fine up to si imbo and/or Fatlme to secure coverage regairsd mo years'imprisonment as won as dvfi peaialfies in the form of a STOP WOBS ORDF.B and a fins otSioQ00 a day against me. I aade::tsad t>>ci a copy of this statement may be forwarded to the Office of IavesHgatiom of Wa DL►for wveaage ve:ifiatlon. 1 do hereby certify undo thr pare pmdtia ofpaJWY d4mFdg�cntfornratiorr pmvided above it{&W mid coned Sigma C Date i PjMt name—eei*y W-tJbi"-A �Phm aincial use only do not write in this am to be completed by city or town olIIdal QBuUIn0ep CMt city or town. P # OI,icensin`Boa d ❑Sdeet:nen's Office cberkiiimmediate response isrequiredQHeslth Department contact person: Ihone1f; _:.(:]Other_____, (Mmm 9195 PIA) 1 Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quo ted from the"law",an employee is defined as every Person in the service of another under any co==, of hire, express or implied, oral or written. association, corporation or other legal entity, or any two or more of An employer is defined as as individual,partnership, ��v�of a deceased employer, or the receiver or the-foregoing engaged in a joint enterprise,and including the legal rep However the owner of a dwelling house having trustee of an individual,partnership,association or other legal entity,employing employees- not more than three a artments and who resides the11�or the occupant of the dwelling house of P Joys Persons to do maintenance, construction repair work on such dwelling house or on the grounds or another who crap shall not because of such employment be deemed to be as employer. building appurtenant thereto MGL chapter 152 section 25 also states that every state or local-licensing.agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has Additionally,neither the not produced acceptable evidence of compliance with the insurance g required. �ce of public work until commonwealth nor any of its political subdivisions shall enter into have been presented to the counracting acceptable evidence of compliance with the insurance require merrts of this chapter authority. „ , /�,/, Applicants ensation affidavit completely,by checking the.box that applies to your situation and Please fill in the workers' comp prone numbers along with a cettifir�te of insurance as all off davits maybe supplying company names,address P Also be sure to sign and submitted to the Department of Industrial Accidents for of insurancx coverage. ortawathatthe application for the permit or ficease is date the affidavit. The affidavit should be returned to the Should 3�have goesrzans regarding "law"or if you being requested,not the Deparmreat of Industrial Accidents. are required to obtain a workers'compensation policy,please call the Department at the comber listed below. FINAMMIN City or Towns 1 ~ . Please be sure that the affidavit is complete and printed legrb y. The D ePartmeat has provided a space at the bottom of the the applicant. Please a$davit for you to fill out in the event the Office of Investig��"has to co=a you regarding e�titdicense number which will be used as a ref==number. The affidavits may be returned to be sure to fill in the p have been made. the Department by mailor FAX unless other arrangements The Office of Investigations would hike to thank you in advance for you cooperation and should you have any questions• please do not hesitate to give us a call. ti mpl / /0//r The Department's address,telephone and fax number. The Commonwealth Of Massachusetts Department of Industrial Accidents RICO of IWesugadons 600 Washington Street Boston,Ma. 02111 fax#: (617)727-7749 phone#: (617) 7274900 erL 406, 409 or 375 ^-r° ® F P RC3 R E R-T Ac qzU 02'°'-ir E STANDARD LEGEND NOTE:not all symbols will appear on a map /l GOLF COURSE FAIRWAY r r� EDGE OF DECIDUOUS TREES EDGE OF BRUSH ORCHARD OR NURSERY V—V-V-V EDGE OF CONIFEROUS TREES MARSH AREA — — EDGE OF WATER DIRT ROAD AP 327 "C � DRIVEWAY�PARKING LOT PAVED ROAD ............... DRAINAGE DITCH ---------- PATH/TRAIL PARCEL LINE mhpllo-< MAP# 21 F PARCEL NUMBER #1860 F HOUSE NUMBER 2 FOOT CONTOUR LINE MAP —Eo 10 FOOT CONTOUR LINE 2Elevation based on NGV029 }/a.9 SPOT ELEVATION 00o STONE WALL O -X—X- FENCE A RETAINING WALL r rI RAIL ROAD TRACK © STONE JETTY SWIMMING POOL PORCH/DECK �] 0 BUILDING/STRUCTURE DOCK/PIER 84 \/ Q HYDRANT e VALVE O MANHOLE 0 POST 0'P FLAG POLE T O W N O F B A R N S T A B L E G E O G R A P H 1 C I N F O R M A T 1 O N S Y S T E M S U N I T o SIGN ® STORM DRAIN M PRINTED SCALE:IN FEET *NOTE: This map is an enlargement of a **NOTE:The parcel lines are only graphic representations DATA SOURCES: Planimehia(man-made features)were interpreted from 1995 aerial photographs by The James 1=1, 1"=100'scale map and may NOT meet of property boundaries.They are not hue locations,and W.Sewall Company.Topography and vegetation were interpreted from 1989 aerial photographs by GEOD UTILITY POLE ❑ TOWER " ` 0 10 20 National Map Accuracy Standards at this do not represent actual relationships to physical objects Corporation. Planimehics,topography,and vegetation were mapped to meet National Map Accuracy Standards -0 LIGHT POLE O ELECTRIC BOX : 1 INCH=20 FEET* enlarged scale. on the map. at a scale of 1"=100'. Parcel lines were digitized from 2001 Town of Barnstable Assessors tax maps. I� ? aJ gg X% d o uil in e u ati ns an an ar s One Ashburton Place - Room 1301 Boston, Massachusetts 02108 Home Improvement.Contractor Registration Registration: 118118 Type: Private Corporation Expiration: 02/01/2003 CAPE COD & ISLANDS PROP MNGMNT- KERRY MCNAMARA 37 WHITMAR RD ----- ------ - ---- MARSONS MILLS, MA 02648 ---- -- ---- ----- Update Address and return card.Mark reason for change Address Renewal F� Employment Lost Card ,,, ✓�e lnaiivnzaruuea`C�z a�✓�fcr�ac�ueaelta Board of Building Regulations and Standards License or registration valid for individul use only HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: Board of Building Regulations and Standards Registration:_11g11g One Ashburton Place Rm1301 =' Expiration: 02/01/2003 Boston,Ma.02108 Type: PRIVATE CORPORATION CAPE COD 8 ISLANDS PROP MN KERRY MCNAMARA 37 WHITMAR RDA C MARSONS MILLS, MA 02648 -- --- ---- ----- ---� -- Administrator valid without signature fie �ooranzvtcuea .o / isaoac�ivaella QOARQ OF%BII� � 161tEGUL�ITIONS f License: CONSTRUCTIQN SUPERVISOR NuM1*'r, _8, 046282 BI F 19.52 1 �I -Wi7 S` � 1�03j Tr.no: 6762 Restricted Y KERRY M MCNA / _ PO.BOX 1144 OSTERVILLE, MA 02655 Administrator A W k 1 1'0 12 1 3 0 6 5 u P0L.AR01D®32 �`,`�� --•p '�- I' • �� 1 •. s �� . � ip:n- 1-101213065�- �� r OL.AROID0= ? III I TOWN OF BARNSTABLE ~ ' SIGN PERMIT 4PARCEL ID 327 099 GEOBASE ID 24203 ADDRESS 278 MAIN STREET (HYANNIS PHONE HYANNIS ZIP — i LOT BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT HY PERMIT 54767 DESCRIPTION BAYBRIDGE CLUBHOUSE PERMIT TYPE BSIGN TITLE SIGN PERMIT CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: $25.00 BOND $.00 per i CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE + + BARNSTABLE, + j MAS& 1639. Ae� BUILDING DIVIS1ION DATE ISSUED 07/25/2001 EXPIRATION DAT f r.. ` .Town of Barnstable J 7,57 F tHE Tp� ti Regulatory Services Thomas F.Geiler,Director yBARNSTAB�.e MASSS. � Building Division M 1639. 10. 'OrEo 5�A Elbert C Ulshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Tax Collector 4fsw Treasurer Application for Sign Permit- G� Applicant: �jrL S v L �� � Lv'i L o C-� Assessors No. �� �/ Doing Business As: Vcc.�A 62 6-L'-�J Li-nuS10 Telephone No. �—69- 72F - y23 y Sign Location _ Street/Road: 27 VIA A 1Nl Zoning District: Old Kings Highway? Yes/No Hyannis Historic District? o es Property Owner Name: V 4,r V,L'i mc_. tN ct M cL re-L Telephone: X � � i7 4 1 A Village: ( i/ V 1 �._ V Address: P�,Q� 1 �� � 0 3t � �\yy�/� g 1 � /G Sign Contractor Name: ATelephone: Address: Village: Description Please draw a diagram of lot showing location of buildings and existing signs with dimensions, location and size of the new sign. This should be drawn on the reverse side of this application. Is the sign to be electrified? Ye /No (Note:If yes, a wiring permit is required) ' I hereby certify that I am the owner or that I have the authority of the owner to make this application,that the information is correct and that the use and construction shall conform to the provisions of Section 4-3 yof the Town of Barnstable Zoning Ordinance. r t G i Signature of Owner/Authorized Agent: vLiJ, j/Date:/ i Size: ' v Permit Fee: Sign Permit was approved v Disapproved: Signature of Building Of i � u/ ,4 - Date: -7 —/ -D Signl.doc rev.8131/98 ti !' TOWN OF BARNSTABLE ILDING PERMIT APPLICATION ^` Map a 7 Parcel V / Permit# Jr� -T"otv,��r •� ao Health Division Date Issued Conservation Division .5 7" D Fee 4 ��7- (30 Tax Collector ` Treasurer Planning Dept. / M Date Definitive' Ian pp ved by Planning Board Historic-OKH, Preservation/Hyannis Ay Project Street Address o2 7 9 S+_- Village i-1 y a h s Owner ECD A gew4y k,"S+ M41'WaY%_Jddress Sby. 1144 45+ccy%i le Telephone L4 a 2 �03 _ _ .011f Permit Request Remo o o� Z '6 a4-S Th,40,11 1 i 4"m LAP 1314+111\ -i}- m o,Ke. q o,wt c.,e_ I re As, N e,cJ ? 1 v vn 6%m s 14 e 4— + 14. C . S o v -c— Square feet: 1 st floor: existing 33 7 proposed SVOC_ 2nd floor:existing X proposed Total new Estimated Project Cost O OOo Zoning District Co► 4eercw Flood Plain V10 Groundwater Overlay a O Construction Type W DOD Lot Size _T_; !J 3 S' Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure $0 y rs Historic House: 0 Yes ❑No On Old King's Highway: ❑Yes ❑No Basement Type: ldull ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) n o Basement Unfinished Area(sq.ft) `4, 33 7 Number of Baths: Full:existing new Half:existing 2— new Number of Bedrooms: existing x new X Total Room Count(not including baths):existing new First Floor Room Count Heat Type and Fuel: 16as ❑Oil ❑Electric ❑Other Central Air: Ckles ❑No Fireplaces: Existing New Existing wood/coal stove: . ❑Yes 9No Detached garage:O existing 0 new size x Pool:0 existing ❑new size Barn:❑existing ❑new size Attached garage:❑existing ❑new size Shed:❑existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ go,R t13 — 2000 Commercial 8eYes ❑No If yes,site plan review# Q- z�a g Current Use Proposed Use BUILDER INFORMATION Name Korl 4 ff[CiYA/c,.,W A C-A Telephone Number y Z.ff O S03 Address 3-7 License# 'Mai S--10-els vy\, ki S , y)r?el Home Improvement Contractor# Worker's Compensation# C Q w G I o I o 4,0 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN JT9 By MLgc.o at6e_�'S 5gA i +y SIGNATURE DATE i • to. _ - f -?�" 4 _ - e - F ( _,_ _ - 7 •_ . ram+ ', _ `FOR OFFICIAL USE;ONLY� , _ - r; - - ,• '- _ , -_ r ,- a B-d- G++. - :. - :1, L _ �i ,j:.., f ., y .. 3'r-•. (_ 1�. :PERMIT NO Li ry • > DATA ISSUED _ x i �� z a V. ? :b ,�• cy.—C MAP/PARCEL NO. i _ U f �, 4 ( _ _ - - _�+.L ' i rl;.. ,-'; 1. . . � .4_ri o -_ r _ _ _ <".l. - - 5••_�'r _ 'J =� .,i !k ,? <1T c'� . ADDRESS _ ���! .�, i VILLAGE` OWNER r. •DATE.OF INSPECTI N'" -FOUNDATIQN FRAME a ���' ;t600 INSULATION' ` FIREPLACE- .,!: Qr / . 1 n• r -'< , F r ;EL'ECTRICAL: . ROUGH., ' FINAL •+yy - - : 'ROUGH' FAL"PLUVBING IN ar, a, =l • y u''_ _ r l GAS ,ROUGH FINALS :FINAL BUILDING ft'a ;1 f' `�' �( � J '' >y �—,. }-i, �• •� � • r' .w7'� 1Y � -- , — .-i• '1 ,e� .— yS ���• . DATE,CL`OSED OUT v �; - 4 3. a U ` ASSOCIATION PLAN NO. The Commonwealth of Massachusetts Department of Industrial Accidents — � �-0�6'OOI/OYCSlfA81lOOS 600 Washington Street Boston,Mass. 02111 Workers' Co m emation Insurance Affidavit name• 1'1 '�`� U a location 1;C-7 8' Yt - city LI 2S S a ❑ I am a homeowner perfiosming all work myself Iam a sole proprietu and have no one icapacity n / I am an employer worloers' ensation for m�employees $on this job. ........................ va: : 314Y ...::•}''�C•%•:•%??•}:v:?{•}xiax•:?a:6.}yy:.v'r:}:•:{+???•}x??{{•}}}::}}}?C.}}}y}:•}}x?M}:.}:•W..•:M}:{{?Mta}T:+1.•}:^x{.wa}:{.vw}xv.;!^:{ta}}}}; ..................w•.a,....,........•-•...... �, { .. ... ... .. .L,...J..,�. :..v..............w::......�.:..},r:•4v:.v:+,....................... :.........:...... ...fn::{4 n :•:�?.�A.�....... ..xa::v::w::}..... .r:::v:+nv:::: .......................... ,.....n.:....: ..... .................n................................... 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"..�..' ;��....�..�.... � z.�"w�.' .:>::�<•{;:�;::>::><:::;:; ,,::: G Fsilnre to seems coverage o regdad miler Sets mim otm=.Ln a h"to the impmwm of mind pemittu of a Me np to SI,Soo oo and/or one years'imprisomnent as won as dwa peodtles in the form of a STOP WOFX ORDER amd a tine otslo0 00 a dey aSdmt me: i mdeistamd that a copy of,this statement m y be forwarded to the OM=of invesdgzdom of the DIA for eorerape vezf tatlm I do hereby certify under the pmas mrd pa wldw of perjury that the iufont ad m provided above is tray mid acrrad Signature Print name Phase b --------------------- oinchd we only:":not1nthis am to be e�pieted by city or town of&W city or town: persofNtomse# • QBtddinp Department [3i leeosin Board ❑cbeckif ittunited QSdeetrnea's OlIlee _ QHeaith Department contact person: Phan,#; ❑Other (�eru�o 9/95 PJ/1) q Salo annc,� q 6tve Me6�vy�S rooming o� �atly Disgovgv%4"a,�e-Y�h peop�e hneq,` S 4re -(�,e- -�-o Pao$ Le + a 1' vSe- 4- 0-,c qC Lum LJ �� Piz- CAPE COD & ISLANDS PROPERTY DOWLING & O'NEIL INS AGY MANAGEMENT, INC. 222 West Main Street P.O. Box 1144 P.O. Box 1990 Osterville, MA 02655 Hyannis, MA 02601 (508) 775-1620 ff GUARD DIRECT BILL INSURANCE BILLING STATEMENT GROUP Carrier Policy # Activity Trans Date Trans Amount Balance Forward $0 . 00 NorGUARD CAWC101040 Policy Renewal 01/25/2000 $2,246 . 00 t Installment Fee $5 . 00 Surcharge #2 $86 . 00 Pmts Applied 01/24/2000 $583 . 00cr Total Balance Due $1, 754 . 00 Minimum Amt Due $588 . 00 The Minimum Amt Due by 04/15/2000 is $588 . 00 . Your remaining balance will be billed and is payable in 2 installments of $583 . 00 . An Installment Fee of $5 will be added to every billing. Your Total Balance Due (prior to subsequent fees) is $1, 754 . 00 . o � Thanks again for choosing to do business with GUARD Insurance Group. We pride ourselves onjyoviding a full range of Workers' Compensation services to our policyholders! �1e �j„�,,,auuea/,!f o��aoac�u�aell'a .A BOARD OF BUILDING REGULATIONS License:„CONSTRUCTION SUPERVISOR 046282 E Number CS e r �17t35/1952 E rl a �_ 12001 V.no 7214 To: I y .KERRY M MCNAMARA r PO BOX 1144 " OSTERVILLE, MA 02655 Administrator w i olA'awadwie-04 41 'ard of Building Regulations and Standards I One Ashburton Place - Room 1301 7 Boston , Massachusetts 02108 ! Home Improvement Contractor Registration ----------------- + Registration= 118118 Expiration: 02/01/2001 Type: Private Corporation ONE INPROVENENT CONTRACTOR Registration: 118118 CAPE COD & ISLANDS PROP MNGMNT Expiration 02/O1/2001 KERRY MCNAMARA Type: Private Corporatio 37 WHITMAR RD CAPE COD 8 ISLANDS PROP NN MARSONS MILLS MA 02648 KERRY MCNAMARA &yj§� ITMAR RD ADMINISTRATOR NARSONS NIL MA 02648 Value LIVING SPACE square feet X$55/sq. foot= 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 70 For Office Use Only /nclusionary Affordable Housing Fee Residential ) Commercial** Property Owner's Name K� Project Location 7 a hi a ``°` � " ` y C�Vl\s J Project Value -1 0 ► 000 Permit Number **Existing Sq. Ft. q,3 37 **Pro osed New S Ft. Fee $ IAHFORM 1/3/00 . . °� The Town of Barnstable • snaxsrnsie. • 9� 1639. Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-8624038 Ralph Crossen Fax: 508-790-6230 Building Commissioner April 10, 2000 Jim Millins May Institute 940 Main Street South Harwich, MA 02661 Re: SPR 43-2000, May Institute, 278 Main Street, Hyannis, R327-099 Dear Mr. Millins: Please note that the site plan application submitted in regards to the above mentioned . proposal was approved by Site Plan Review on April 6, 2000, with the following conditions: Applicant shall provide documentation of non-profit, corporate status. Applicant shall obtain Hyannis Main St Waterfront Historic approval. "Satisfactory corporate papers were provided at the conclusion of the hearing. Sincerely, Ralph Crossen Building Commissioner i q/wpfiles/siteplan/site2000/mayinst. �... 5 O k'+' o 0 F:6�10 w� IBAf T� :' L o.m..•1 MD�„ �� •.,, IS t e It C eNT�2 cZ,�z up,.a , v /•/�—NCI(/�/'1r' d� v SPR 43-2000 May Institute, 278 Main Street, 1'floor,Hyannis (R327-099) I Terry McNamara appeared before the panel with a representative of the May Institute seeking to establish a mental health club at this location(former Dumont s Pharmacy). This is a rehabilitation facility offering job training and other related services as well as computer access and a meeting room where coffee.and donuts are served. They currently are located on Enterprise Road but this site is slated for demolition. Discussion revolved around the parking provisions. The May Institute indicated a need for 4 parking spaces. Discussion ensued during which various parking options were identified. The applicant may secure off street parking with 300' by private lease. Ultimately, it was revealed that this use may be exempt under Massachusetts State law should the corporation papers identify the May Institute as a non-profit educational facility. Engineering advised Mr. McNamara that the town may in fact own an additional 260 sq. ft on the easterly side of the building increasing the actual non-cdnformity. The building Commissioner interjected that at this point the building is so non-conforming that this really does not impact the project. Planning inquired about parking provisions on the CCB&T lot. General discussion again revolved around the parking calculations, leasing. need,restrictions. The issue was tabled pending the determination of the classification on the corporate papers. Mr. Bill urged the applicant to beautify this locale by offering planters or window boxes. The panel was also informed that there would be no exterior sign. All proposals shall be subject to Hyannis Main Street Waterfront Historic District Commission approval. Health inquired about the dumpster. It was revealed that the dumpster currently located near this building is believed to belong to the Sunnyside Restaurant. This facility will not install a dumpster but will provide barrels stored inside. The Building Commissioner advised the applicant to submit corporate papers as soon as possible for determination of an exempt use. Conclusion: Continued pending the determination of corporate status. Subsequent Conclusion: Approved. The applicant provided documentation of non- profit, educational use. With this on file, the application and non-conformities become exempt under State law and thereforeshall be allowed as presented. The applicant is charged with obtaining the approval of the HMSWHDC as noted above. i kyannis Main Street Waterfro nt t -! T i A = Historic District Commissiol;.;�,� '"`' U''� i 1639. 230 South Street ,` Hyannis,Massachusetts 02601 TEL: 508-862-4665/FAX: 508-862-4725V1 J e t 6 ;<aj ?: 19 i Application to j Hyannis Main Street Waterfront Historic District Commission in the Town of Barnstable for a CERTIFICATE OF APPROPRIATENESS Application is hereby made, in triplicate, for the issuance of a Certificat rof Appropriateness under M. G. L. Chapter 40C, The Historic Districts Act for proposed work as described below and on plans, drawings or photographs accompanying this application for. PLEASE CHECK ALL CATEGORIES THAT APPLY: L Exterior Building Construction: ❑ New Building Indicate type of building: ❑ House Addition ❑ Alteration 2. Exterior Painting: ❑ x. ❑ Garage Commercial Other 3. Signs or Billboards: ❑N w s,�� r f� 4. Structure: ` ❑ Existing sign ID existing sign , ❑ Fence ❑ i ❑ Flagpole ❑ Other 5. Parking Lot: ❑ New Building. �[] Addition ❑ Alteration v.w (Please se `_widelines for explanation and requirements) € TYPE OR PRINT LEGIBLY DATE_zz/S a ASSESSOR'S MAP NO. ASSESSOR'S LOT NO. %--- _ APPLICANT Q wf,)O TEL. NO.—?>S' - zl ,;�f APPLICANT MAILING ADDRESS 1-1-7 7 Zvi a t q 44er/I rC ADDRESS OF PROPOSED WORT{ ffS,Q,7,1,1.-S-- A14 PROPERTY OWNER KO-V'(tR �fl� I�r vt��, TEI.. NO.��� `dB=a SC51K OWNER MAILING ADDRESS P11 /3 d X Il y D S �ry r 1/� m/1 r1 fs FULL NAMES AND MAILING ADDRESSES OF ABUTTING OWNERS. Include name of adjacent Property owners across any public street or way. This information is best obtained at the Town Assessor's Office. (Attach additional sheet if necessary), I matP?�-efu e� 3 i,e r AGENT OR CONTRACTOR TEL. NO. ADDRESS a 7 - vv\. till R ' + DETAILED DESCRIPTION OF PROPOSED WORK: , Give all particulars of work to be done, including`detailed data on such architectural features as: s foundation,chimney, siding, roofing, roof pitch, sash and doors,window and.door frames,trim,gutters- leaders,roofing and paint color,including materials to be used, if specifications do not accompany plans. In the case of signs, give locations of existing signs and proposed locations of new signs. (Attach additional sheet, if necessary). .. �' Signed 'Owner-Contras r=Agent SPACE BELOW LINE FOR COMMISSION USE Received by HMSWHDC, Date Time IVED This Certificate is hereby g Date MAYy SOWN OF 8ARNSTABLE HZMC FfEWWATM W. Signed MORTANT:-If this Certificate is approved,approval is subject to the'20=day appe 'od "tdi the Ordinance. CONDITIONS OF APPROVAL; A e� Hyannis Main Street.Waterfront BAW AUX : Historic District Commission k 916"59. ,e� 230 South Street Hyannis,Massachusetts 02601 TEL: 508-862-4665/FAX: 508-862-4725 SPECIFICATION SHEET FOR SIGNAGE Prior to filing your application for a Certificate of Appropriateness, please contact Gloria Urenas, the Town's Zoning Enforcement Officer, at 862-4036 to discuss the amount of signage allowed for your building, as well as any other Town Sign Code regulations which may affect the sign(s) you propose to install. Even if you are applying for the same amount of signage as was previously existing on your building, the laws may have changed since that sign was installed. Once you have applied to the Hyannis Main Street Waterfront Historic District Commission for a Certificate of Appropriateness for signage, you may apply to the Building Department for a temporary sign permit. The Building Department,can prov all information regarding the temporary si�;-= permitting process. BE ST,Ta , THAT YOU HAVE INCLUDED WI'r YOUR APPLICATION: • � Tqr i drawing of the_proposed sign • color chips for all colors on your.sign • a photo or scale drawing of the building on which the proposed sign location, as well as any light fixtures proposed to light the sign, are indicated • a scale cross-section of the sign, with dimensions, .showing edge detail • specifications for any light fixtures proposed to light the sign • a scale drawing of the sign bracket, indicating dimensions, color, and material Please fill out all information requested below. If you are applying for a Certificate of Appropriateness for more than one sign, please fill out ONE SPECIFICATION SHEET FOR EACH SIGN. Size of Sign 13 G X / S / Materials) of Sign (s -op Material of Lettering (if different) LtJ o ©y The Sign Will Be (circle one): carved wood painted wood / vinyl lettering other (explain) Location In Which the Sign Will Hang (� fUr�4- +' f��11�C2A e (nc, C2vl (vl Will there be exterior light fixtures to light the sign? ti'0 If so, what type of fixture? Wher&- will +l,o —`� red F-J ! j a } ' e I ( i ( [i \i j f 1 j I ` 3 t x� r is _mil -UPa� �._ swe Hyannis Main Street Waterfront Historic District CommissionMAM .9 9. 230 South Street Hyannis,Massachusetts 02601 S TEL: 508-862-4665/FAX: 508-862-4725 ;' ; 6' ( 9 Application to Hyannis Main Street Waterfront Historic District Commission in the Town of Barnstable for a CERTIFICATE OF APPROPRIATENESS 3 Application is hereby made, in triplicate, for the issuance of a Certificate of Appropriateness under M. G. L. Chapter 40C, The Historic Districts Act for proposed work as described below and on plans, drawings or photographs accompanying this application for. PLEASE CHECK ALL CATEGORIES THAT APPLY: 1. Exterior Building Construction: ❑ New Building ❑ Addition ❑ Alteration , . Indicate type of building: ❑ House ❑ Garage ❑ Commercial ❑ Other 2. Exterior Paints ❑ _ 3. Signs or New sign Existing sign [ Re •mUn a"s W�t,i sig n ` 4. Structure: ❑ Vince ❑ Wail ❑ Flagpole ❑ Other 5. Parking Lot: ❑gNew Building ❑ Addition ❑ Alteration (Please see the guidelines for explanation and requi TYPE OR PRINT LEGIBLY DATE z—I`/-0) ASSESS OR'S S MAP NO. ASSESSOR'S LOT NO. 119 APPLICANT w i Li f,._g (,�Vl;a-M(A J TEL. NO. JUG �;--l�) APPLICANT MAILING ADDRESS -?tJ . 1�C3,X c�cr j E ..� r�q. O� -3 ADDRESS OF PROPOSED WORK 16O� M A ,_1 &-r U,,� f" � "W v, �.0 c 1LtA• ()�to� N PROPERTY OWNER r` Q; s 2. TEL.NO[ C1"5�^15 O '70 5 S OWNER MAILING ADDRESS 13 5 LA. Nw '�.i �S�nAe�- i k ( JA C)a L C; 1 FULL NAMES AND MAILING ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way. This information is best obtained at the Town Assessor's Office. (Attach additional sheet if necessar y). AGENT OR CONTRACTOR TEL. NO. ADDRESS 11 t44 a J.J ��►.( ()I DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done, including detailed data on such architectural features as: foundation, chimney, siding, roofing, roof pitch, sash and doors, window and.door frames, trim, gutters- leaders, roofing and paint color, including materials to be used, if specifications do not accompany plans. In the case of signs, give locations of existing signs and proposed locations of new signs. (Attach additional sheet, if necessary). .' , . sa Signed K FF F Ov, r-Contractor-Agent �. SPACE BELOW LINE FOR COMMISSION USE Received by HMSWHDC Date RECEIVED MAY 17 2001 Time This Certificate is hereby By Date Date Signe IMPORTANT: If this Certificate is approved, approval is subject to the 20-day a eal peri\ rovide in the Ordinance. CONDITIONS OF APPROVAL: I HYANNIS MAIN STREET WATERFRONT HISTORIC DISTRICT COMMISSION *** SPECIFICATION SHEET*** ADDRESS OF PROPOSED WORK 0!S L'-j.k �- FOUNDATION QC1,JCvk.e�,k SIDINGTYPE 6rLissids P )J(,- 001: COLOR CHIMNEY TYPEe, COLOR ROOF MATERIAL�-Uf R G lws� COLOR L�! .j e PITCH � �. "'" =��•'- WINDOW i�► �a� COT COLOR 1'nc;,cT TRIM COLOR_I i,J 4�>5►�1 c31%o, �2:.9� DOORS PA eAr e-` COLOR C 0Tfir � R�►� SHUTTERS WO 1,4 Q GUTTERS DECK__ SrMat,L, -NC �N� },dci2� �I�cei75r k�G�ey� GARAGE DOORS NO nS e COLOR NOTES: Fill out completely, including measurements and materials/colors to be used. Three copies of this form are required for submittal of an application,along with three copies each of the plot plan,landscape plan and elevation plans,when applicable. The Plot plan need not be "Certified",but should show all structures on the lot to scale. Hyannis Main Street.Waterfront �.. „ . F Historic District Commission 230 South Street Hyannis,Massachusetts 02601 TEL: 508-862-4665/FAX: 508-862-4725 SPECIFICATION SHEET FOR SIGNAGE Prior to filing your application for a Certificate of Appropriateness, please contact Gloria Urenas, the Town's Zoning Enforcement Officer, at 862-4036 to discuss the amount of signage allowed for your building, as well as any other Town Sign Code regulations which may affect the sign(s) you propose to install. Even if you are applying.for the same amount of signage as was previously existing on your building, the laws may have changed since that sign was installed. Once you have applied to the Hyannis Main Street Waterfront Historic District Commission for a Certificate of Appropriateness for signage, you may apply to the Building Department for a temporary sign permit. The Building Department can provide at''115.rormation regarding the temporary sign p, �Zp itting process. BE SURE7A.AT.YOU HAVE INCLUDED WITH YO _iR APPLICATION: • a scale f the proposed sign ,o , mow . • color chips for all colors on your sign • a photo or scale drawing of the building on which the proposed sign location, as well as anylight fixtures proposed g osed to light the sign, are indicated , • a scale cross-section of the sign, with dimensions, showing edge detail • specifications for any light fixtures proposed to light the sign • a scale drawing of the sign bracket, indicating dimensions, color, and material Please fill out all information requested below. If you are applying for a Certificate of Appropriateness for more than one sign, please fill out ONE SPECIFICATION SHEET FOR EACH SIGN. Size of Sign g Materials) of Sign Material of Lettering (if different) The Sign Will Be (circle one): carved wood / painted woo vinyl letterin other (explain) Location In Which the Sign Will Hang Yl Will there be exterior light fixtures to light the sign? 0c) If so, what type of fixture? y r�. '�JiJ s�a7 SSS � y _ .�.. i { 1 i NILt wit, � jZ+YaR- •� � h :. ..A -YR ih-.a.�.ni:.a,.db'K.� +rG'}.uwtS {T +. 3 L'S � � �,x <7 Hyan><us Main Striiee##t W ate ME rfront � Historic Distract Com}y� Songg ir �. �..r ° ,, t f - }TEL' " SMusetts 02601h '508-8624665%FAX508862 104 w , � a id�c.t-._.15��::k ,id 7� S x ',..t ' ,f, M' _ F c,3 t19 " fi i ,s� .# a� s2� A�pllgt10f1 tOr �iv � i Fly9¢4wip�u2� sacs ,: •µ;.uc4�x4 'k ^ .a-BJh: `�pF�°f ;S.�3Sil F.t� a�� sa Ser�r��Hyannts Main Street Waterfront Historic Distract Co'��`nmussion � � m Efhe Town of Barn able foray Ig w a. -"'.'-4...�.. _nhrtiti;�'d�xisr s". ri'._ x3 3b�•� A,:.t' kr �.; - r--'fi$ yr .0 �. •.d+.s7` SF- `'S' ' '-a.,, r n a .2}�+�' - ^+ � �,ie+. 7 ..L....s...i^.a.,; F�.-S •*+ �wo�'�t6iy�1�Lil3.a'SY - F CERTIFICATE OF APPROPRIATE �.� - , Application is hereti . IVESS"; ._ -i n . . ' Y ,y nike,'in tnplicate,:�for the issua A maunder IVI. G L Cha e ' y n 0f a Certifcate of Appropriateness r « � pt r 40C, The`'Historic Districts Act for.proposed work as descnbed`belowT` { ywi-and on plans d _ z t _P swings ter or photographs acCom anying this applicafion fors r i .. - 1 4 ifi�4 r,1g r'kc a "'4x':a-° `,1 -.i '•' .J a 4' 'r^w.. 1`§• -^. t w5 z ASE CHECK AIL CATEGORIES THAT APPLY . ..y 5.,,.s.�r '�.. s s=. �y � r •, 1 W1lGnoFB � � r,,` ^C�.: ;., �. Co n ❑ New Building,,,g nstructio g .Addition type of building� ❑`House ' ` 1 ❑%Alteration � e p =, .s i2 -Exterior Painting ��i� , �� � Garage*� ❑ Commercial 3..T *sue:�` M va: Y O-�s'•- 5 'Wt a r*i. 4- 'a ad �. ,,.,�.i3'�...i .,� Signs or BilIlioards Qf New ngn 4' .❑ :E,. _ "a '4. Structure ❑ .Fence g sign ❑ Repauiting existing sign 5 parIcuig Lot= N ❑ 'Wall - Flagpole ❑ Othe .._ _ ❑ Building� ❑ -Addition- � ❑ Alte anon _{ ` - ;, (Please see the guidelines for explanation p and requirements) � .TYPE OR PRINT gjj3Ly ATE Da.Y -- -- — ASSESSOR'S MAP NO. p. _ ..._. _, r "`ASSESSOR'S LOT NO. y R �PPLICAI rr Z ze Sim ti Y . O _ TEL NO .SAS'+771 'Y SS Ak APPLICANT MAILING ADDRESS O. Box / 77 :SrOwMa4 025- wfi{ _ 63 i R ADDRESSOFPROPOSED WORK ' '41// _:� y PROPERTY � '4'^`..::P7..'4y_t¢^:^=4r„` 'c..'..i:.+a.-•--:_ _••�see.,+�._ (:er;...,,^'S' �m4;f k :a .sa s.. - -. �i e _ . TYOWNER �1jLL/S $ovGHER t�Q�Sr-EE TEL.NO - s. ; v s-:.; a4 •Tq rya ... a J �y// x4 K 1 �,.}.. �,. ..A.. ilia;.. it ,r:R,:..6} ...cret�•-: -a «w. n r-? `l v i�?g taX. Js-F .- � ....""� � � OWNER MAILING ADDRESS `9411-22 16 3 f •°i ..} a �� „ i FULL NAMES AND $ .� .ram .� rr 3 - MII�tG ADDRESSES OF ABUTTING OWNERS lncl a `" F �o� Y public street of ude nam of adjacen = best obtained a the T 7lssessor's Office (Attach addrtronalsheetRif'aYso�nnatzons b 4 6 fF'M1 -_- +'Su"' "y^" �"'.va Cr ,.a♦+_.iF�XY,T3§. -.+CiGY.`F ,V. - 3. .f'31 a..' NM Vim 41� XG All P NO �er; r2s...I��` - ♦.` r ��s /fit 026ot M ar 1r x. t x $' _ q„ A OR CONTRACTOR 'NOS "` Y: S - ADDRESS �O- 1C -�IlAIVDwI�l1 �'( W ... mom. .... • ZS 3 _; r:,,. �. ,r- 9S ..ss i t§q3�'r �4S3�•£ �.5y .+� � a i a,'r.�,yy ,m-,�., +kt'k d• �`n #, �i 5114 tbt ` , t b_D CRIPTION OF PRQPOED SWO�{ k`te ED DES _ Vic. y� me Give all particulars of work to be done, mcludintailed data on such architectural features as: foundation,chimney,siding, roofing;ioof pitch, sash and doors,window and.door frames, trim, gutters leaders,.roofing and paint color,including matenals;to�be used,3 if ;§ �' ,4 In the case of si specifications do not accompany plans. .. gns,'give locations``,of existirigi "" ��k additional sheet,,if neces per_, gns proposed locations,_of neyw signs (,Attach 3Mi •.3:?,:.,exxy;.,x-tip �J)• 'r !n. t� 4� ! '! , t #' � r v a ,r., °�, i4"/1� PQbPOS� @' _ �;�,�T ,. a -'"c"R," -:. axxw .xr+'s.-;- a.__ rw .:i•' '4 T3 WN sy�?u�/S� a L/�Or/urG° ;D�PT# tN/[� 3:i�/ is iQ�,Qpx. 3/ -iij5 t ` .. ' -�v�. � ,' 3 �z •�, i y aft^ia...;:...n' �w Signed Owner, Contractor -t�.. -w...i .12•i wk-iwf�i •.3..7#;.�]k �-� . bit,x'..Miser _ SPACE BELOW LINE FOR COAUmSSION USE. ' ; Received by HMSWHDCh * �� �_c 058 ate N "This"Cemficate is here y( ` .�. tl ....»,... Ieft ..,, t a''`t '. ka ..' -�. .�4 e-,.p .` r�5�{-x:. '"'��`t:=�• '�7J - �t-Date ' -0 DO .... 'c^'3r s.........«.��....�; •ww( 'a,s• Signed 4i �m -,•4 xe is.'ti'�,'`♦ t .ram - _ �r.'q• rv_ i I - MPORTANT.If this Certi ; —�- the Ordinance• ficate is approved;«approvals subject to the 20=day �peri .•,f>n I _-- CO"MONS OF APPROVAL A � t + xrrf ccr s� �r tt ,oi✓3 , 4tZ: 5 57 .. n �yy//f¢'�S -.i's°'Y(ms/'/.•�-mN�♦.»/.. „s•T.-+t'+,+o.•«s.�c�,r �-4. � .sk..I�iis: rs+•!+Y�"r.'♦•r.,",.•Y -.•cP-a.-.. .. 22 a4 an«�.r�.w. ',':"'. }i-��e:M¢tAM�+�--•w...v.•. z�♦wasra®.+. - + ._ ......`.-..—+..-,. .._.....-.-+c ..+tr-...vy.__.-,....-.-vr:.«,•r ...:;....4,6. .,�..�e.�-.r.+.+.,-„ne��ncu-aa�ra{;ern,yc ti. z\ ki f t"� � Z Yam' t 4 s. .+..:� ....Gf s _���"°c ,�:� T �9 •�-a 14±��a.,,,..:"s3" - - �.. k.. F - _ ..._ �,..,+•-w,a»_.�X+�w.i 4,._..aw..es'I..wn<it•. ,ya.,,N .. '^}�'^` �.,:,,'� i `.'^A�..d�- �a.. _,. .w,=�� '� dF� Hyannis ME - Street Waterfront = 's .,► ,►. Historic District Commission °9. S 230 South Street ' Hyannis,Massachusetts 02601 TEL: 508-862-4665/FAX: 508-862-4725. BA,s Uj i; ,. -� I I, ,L 5. Application to {{ rr Hyannis Main Street Waterfront Historic District Commission in the Town of Barnstable for a CERTIFICATE OF APPROPRIATENESS Application is hereby made, in triplicate, for the issuance of a Certificate of Appropriateness under M. G. L. Chapter 40C, The Historic Districts Act for proposed work as described below �p and on plans, drawings or photographs accompanying this application for. N PLEASE CHECK ALL CATEGORIES THAT APPLY: 1. Exterior Building Construction: ❑ New Building ❑ Addition ❑ Alteration Indicate type of building: ❑ House ❑ Garage ❑ Commercial ❑ Other 2. Exterior Painting: ❑ 3. Signs or Billboards: ® New sign ❑ Existing sign ❑ Repainting existing sign 4. Structure: ❑ Fence ❑ Wall ❑ Flagpole ❑ Other 5. Parking Lot: ❑ New Building ❑ Addition ❑ Alteration (Please see the guidelines for explanation and requirements) TYPE OR PRINT LEGIBLY DATE 51/00/ ASSESSOR'S MAP NO. 30 ASSESSOR'S LOT NO. 11J,10 APPLICANT 7T E Q O✓`t E d:3 C\Y— TEL. NO. ff I APPLICANT MAILING ADDRESS '7 S%O N S 1-0 A G EA le 1 J C, OEs_7,f3 AS i Aee ADDRESS OF PROPOSED WORK 5 /�l�9i�/ S%. /7 i��9�<v%f, /2/�I b z66� PROPERTY OWNER O O 3 c k�-- TEL.NO. l 0 3 t7S- 9 41 Q OWNER MAILING ADDRESS S'9 FULL NAMES AND MAILING ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way. This information is best obtained at the Town Assessor's Office. (Attach additional sheet if necessary): S Cc= 9 4AI7ia1v�94- S11e'5e7-s /7i1�/ 4-/6t�i�1 a00Ir �A� s SS SSA S-G z ) \ 1 AGENT OR CONTRACTOR J C Q O (: : c I K TEL. NO. l S O g 3 9,7// ADDRESS `i tON E, W A c. U R 10 c PJ657 &fC-1L57,g11 - !' 0766 0 1 Y \L. DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done, including detailed data on such architectural features as: foundation,chimney, siding, roofing, roof pitch, sash and doors,window and.door frames,trim, gutters - leaders, roofing and paint color,including materials to be used, if specifications do not accompany plans. In the case of signs, give locations of existing signs and proposed locations of new signs. (Attach additional sheet, if necessary). See AT(PC\Ac--s� S 1CC-TCN CoLo(z ct IPS. MEW S l641 TO /36 AY0 "lvT613 ON 5 T0261--'R0N? LL. FL Ltsp w1Tg suleFA (f E, -1 L.L u/'//ivAfTic),►l yE7 Xi S �v G L /� H i/'vG CsCC 14Ho7v G kg/gy Signed Owner-Contractor-Agent SPACE BELOW LINE FOR COMMISSION USE Received by HMSWHDC Date . f Time This Certificate is hereby � l Y; 1� By Date r� c Signed . IMPORTANT: If this Certificate is approved, approval is subject to the 20-day ppeal period rovili d in the Ordinance. CONDITIONS OF APPROVAL: ,. i I r a 4. 1 HYANNIS MAIN STREET WATERFRONT HISTORIC DISTRICT COMMISSION *** SPECIFICATION SHEET ADDRESS OF PROPOSED WORK E-V / 1 IR'(4 S T_ FOUNDATION N�j9 SIDING TYPE_ l fl9 COLOR CHIMNEY TYPE /V/P COLOR ROOF MATERIAL IV J4 COLOR PITCH A WINDOW�/� COLOR TRIM COLOR /VIA DOORS 1 ry 1A COLOR SHUTTERS 1V,, GUTTERS /V./,O DECK_ A111-7 GARAGE DOORS a COLOR -T NOTES: Fill out completely, including measurements and materiaWcolors to be used. Three copies of this form are required for submittal of an application,along with three copies each of the plot plan, landscape plan and elevation plans, when applicable.The Plot plan need not be "Certified",but should show all structures on the lot to scale. HyaX:. ..,i Main Street Waterfront i Historic Distr ict CommissionHAM �e39. peg 230 South Street Hyannis,Massachusetts 02601 TEL: 508-862-4665/FAX: 508-862-4725 SPECIFICATION SHEET FOR SIGNAGE Prior to filingour application for a Certificate of Appropriateness, lease contact Y PP P Gloria Urenas, the Town's Zoning Enforcement Officer, at 862-4036 to discuss the amount of signage allowed for your building, as well as any other Town Sign Code regulations which may affect the sign(s) you propose to install. Even if you are applying for the same amount of signage as was previously existing on your building, the laws may have changed since that sign was installed. Once you have applied to the Hyannis Main Street Waterfront Historic District Commission for a Certificate of Appropriateness for signage, you may apply to the Building Department for a temporary sign permit. The Building Department can provide all information regarding the temporary sign permitting process. BE SURE THAT YOU HAVE INCLUDED WITH YOUR APPLICATION: • 4 a scale drawing of the proposed sign • color chips for all colors on your sign • a photo or scale drawing of the building on which the proposed sign location, as well as any light fixtures proposed to light the sign, are indicated • a scale cross-section of the sign, with dimensions, showing edge detail • specifications for any light fixtures proposed to light the sign • a scale drawing of the sign bracket, indicating dimensions, color, and material Please fill out all information requested below. If you are applying for a Certificate of Appropriateness for more than one sign, please fill out ONE SPECIFICATION SHEET FOR EACH SIGN. Size of Sign /5 X 96 Material(s) of Sign w o o,� Material of Lettering (if different) Vlw v The Sign Will Be (circle one): carved wood / painted wood �Iettering other (explain) Location In Which the Sign Will Hang LNG �i �d c E o f T//G' Srv,e�«'�/i di�'��iLy ouce s,Y�c��eav�r Will there be exterior light fixtures to light the sign?' 7- All 7 WO CX/.s Ti v6 ,v G FLoad /-/6HTs If so, what type of fixture?t k�ST� r 4 o of L , cc t/7s H u A& r R Do r .S o Fr/7. Where will the fixture(s) be located? 4 a� lard, Regulatory Services Q' Thomas F.Geiler,Director M Building Division 1659. ,eS Elbert C UIshoeffer,Jr. Building Commissioner 367 Main Street, Hyannis,MA 02601 Fax: 508-790-6230 Office: 508-862-4038 Tax Collector Treasurer Application for Sign Permit Applicant: [ R p m O ---S- C 1 Assessors No. C) t_�I SC OS POOL- Sign Telephone No. Doing Business As: C Sign Location Streei/Road• 5 G y Old Kings Highway? Yes/No Hyannis Historic District? �e (o Zoning Distract: � g � Property Owner _ �S��, 7,S- y Fly, Name: E P O/`�G / ,� �d-3 c.l K Telephone: q g S, ONE Lc)R�� �,P/Uc- Village• W�5/ `,619EIVVIO 8 eG Address: p z 4,91 Sign Contractor �/rJ/— ZZZ Name: C Ns 0 C S16 — I H ic. PO I- r—L O C Telephone: (S 0� Address: �9 11f,91^' Si /�j�,�'vu; OZGol Village: Description Please draw a diagram of lot showing location of buildings and existing signs with dimensions,location and size of the new sign. This should be drawn on the reverse side of this application. Is the sign to be electrified? � (Note. Ifyes, a wiringpermit is required) I hereby certify that I am the owner or that I have the authority of the owner to make this application, that the information is correct and that the use and construction shall conform to the provisions of Section 4-3 of the Town of Barnstable Zoning Ordinance. Date: S/' ))o t Signature of Owner/Authorized Agent:4—,1-24— Size: l ''�. 96 ° Permit Fee: Sign Permit was approved: Disapproved: Date: Signature of Building Official: Signl.doc rev.8/31/98 CHIC POLLOCK 541 A MAIN ST.,HYANNIS, MA 02601 508-771-2220 Toll Free 1-888-877-2220 -r� �11 Eq-o, Sn--;);pC \1 '1 (� (�'`- r-� 1 e7 ij � (-tom (� '' i't ,, � (=ice j l NAVY T1 fz T>= L i�r�7�✓ L �1,✓t-ttTt C_C�'(�� i t:-7 r9L Vic, Hyannis Main Street Waterfront Historic District Commission 'QTh r ;e i639• .� 230 South Street ED N1AY Hyannis,Massachusetts 02601 , , .¢ `� '. 19 508-790-6270 FAX 508-790-6288 CERTIFICATE FOR DEMOLITION OR REMOVAL � Application is hereby made, in triplicate, for the issuance of a Permit for Demolition or Removal of a building or a structure or part thereof, under M.G.L Chapter 40C,The Historic Districts Act,for proposed work as described below and on plans,drawings or photographs accompanying this application. TYPE OR PRINT LEGIBLY /;;. TE aZ LP , goo ADDRESS OR PROPOSED WORK Igo? ?�a S4 SESSORS MAP NO. . 4P OWNERdL,n d ASSESSORS LOT NO. HOME ADDRESS ''7 TEL NO.—&Pa -L,/ /d NAMES AND ADDRESSES OF ABUTTING OWNERS: Include names of adjacent property owners across any public street or way. (Attach additional sheet,if necessary). LJ6 0Ps F. 1J. Alan . Z aen s ; o x q ?-UZ)A P e A-(f r-2y, fit- 6 2-s--y AGENT OR CONTRACTOR TEL NO. ADDRESS DESCRIPTION.OF PROPOSED WORK: If building is to be removed,give new location. Snap shots showing.all views of building must accompany application. (Attach additional sheet,if necessary). w Note: If approval is granted for relocation, a separate Certificate of Appropriateness is re ired for new location if within the Hyannis Main Street Waterfront Historic District. SIGNED —-- - Space below line Owner-Contractor-Agent for Committee use. l Received by H.D.C. The Certificate is hereby Date 0) Dat94W4FnJ p�J Time� FEB- fi � 2 ?001 — �p By �Vl�ir 141STORIe ApprovedA POkANT: If Certificate is approved,approval is sub'e o the 0 day,,,a 1 y ppeal period provided in the Ordinance. Disapproved 0 Hyannis Main Street Waterfront tj Historic District Commission L,1 L1HAi81'ASLe` ' j'r4t, NAM 230 South Street Hyannis,Massachusetts 02601 t.TO'! 7 6 `; : 19 508-790-6270 FAX 508-790-6288 CERTIFICATE FOR DEMOLITION OR REMOVAL Application is hereby made, in triplicate, for the issuance of a Permit for Demolition or Removal of a building or a structure or part thereof, under M.G.L Chapter 40C,The Historic Districts Act,for proposed work as described below and on plans,drawings or photographs accompanying this application. TYPE OR PRINT LEGIBLY �DATE I--� V, ADDRESS OR PROPOSED WORK I �7;Z tl_e�q l S Sc2 ASSESSORS MAP NO. . 4- a_ OWNER Ukrn 01 Z q4 ri.S ASSESSORS LOT NO. 3 HOMEADDRESS S(o7 2✓t Ot'n S/' , 46-,ez ,„ tom— TEL NO. NAMES AND ADDRESSES OF ABUTTING OWNERS: Include names of adjacent property owners across any public street or way. (Attach additional sheet,if necessary). 1 AGENT OR CONTRACTOR TEL NO. ADDRESS DESCRIPTION OF PROPOSED WORK: If building is to be removed,give new location. Snap shots showing.all views of building must accompany application. (Attach additional sheet,if necessary). Note: If approval is granted for relocation, a separate Certificate of Appropriateness is requi for new location if within the Hyannis Main Street Waterfront Historic District R SIGNED Owner-Contractor-Agent Space below line for Committee use. Received by H.D.C. The Certificate is hereby Date Date t Time EEB 2 6 2001 23�, By TOWN OF BARNSTABLE60 �M t � Approved O NT: If Ce 'ficate�s approved,appro a ' d p � 6 provided in the Ordinance. Disapprove / SPR Notes from meeting of 10/28/99 SPR 091-99 MacNamara, Kerry, 278 Main St., Fly (Dumont's Pharmacy) (327-099) The applicant seeks to renovate the existing building to provide 6 studio apartments. on the second floor and a commercial tenant on the first floor. The applicant recognizes that the limited availability of parking may negatively effect his petition. Mr. MacNamara informed the committee that he is currently owns and operates a small apartment complex behind the Egg&I Restaurant on Main Street in Hyannis. He reminded the panel that Hyannis is in dire need of affordable housing. Mr. MacNamara intends to rent to developmentally challenged tenants only. Parking would not be an issue because this population does not drive. It is necessary to provide affordable housing within walking distance of the establishments that hire them. He noted that many are employed as dishwashers in the various restaurants on Main Street. Mr. MacNamara continued to expound, acknowledging that this property had been abandoned for almost 4 years. He was immediately reminded that he may need to apply for zoning relief pending the confirmation of the abandonment date. The retail space is not committed and again the applicant was cautiously reminded of the parking dilemma. The panel expressed its desire to be supportive of a re-use of this property while remaining frank and candid about the obvious difficulties. Steve Pisch offered no commentary at this time. Tom McKean added that his concerns would primarily be with the compliance of all Board of Health regulations not under the jurisdiction of the Site Plan Review process. It was revealed that the average size of each unit would be approximately 300 SF and would be occupied by a single tenant. After some discussion regarding the disposal of trash, it was determined that the applicant was willing to create a dedicated disposal area subject to the approval of the Board of Health. The Building Commissioner commented that this would be a very challenging endeavor. He urged the applicant to investigate the fire suppressant requirements. Conclusion: Approved with contingencies as follows: Trash disposal method to be approved by the Board of Health Residential tenants restricted to single occupancy, affordable housing status Commercial tenant subject to Site Plan Review Subject to ZBA approval L r`� F Op THE►pk, jA ' - t A�,'1.. + BARNMBLE, MARS. pl i639 p,O�aUU FEPu L_9 t 3 •U FD MAC Town of Barnstable FILE COPY ONLY! il Zoning Board of Appeals NOT RECORDED AT Notice - Withdrawn Without Prejudice: REGISTRY.OF DEEDS Appeal Number 1999-153 - McNamara Special Permit Pursuant to Section 4-2.10 Reduction of Parking Requirements/When Applicable Summary: Withdrawn Without Prejudice Petitioner: Kerry McNamara Property Address: 278 Main Street, Hyannis Assessor's Map/Parcel: Map 327, Parcel 099 Area: 0.13 acre Zoning: B Business Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of these appeals consists of a 0.13 acre lot on the northwest corner of Center and Main Streets in Hyannis. It is presently improved with a two-story commercial building listed as a store/shop on the assessor's field card'. The existing building was previously the site of a pharmacy and 7 apartment units but has been vacant for approximately 4 years, according to the application. The property is located in a B Business Zoning District and is serviced by public water and sewer. The applicant is proposing to remodel the interior of the building for 6 studio apartments on the second floor and a commercial tenant on the first floor. Apartments and office/retail uses are permitted as-of-right in the B District. However, multi-family apartments are subject to the provisions of Section 3-2.1(1)(J)(a) through (h) of the Zoning Ordinance. Due to the existing conditions on this site, the proposed apartments do not meet these requirements. Also, there is no on-site parking available for the proposed uses of this building. In Appeal No. 1999-153, the applicant applied for a Special Permit pursuant to Section 4-2.10 Reduction of Requirements/When Applicable to allow for 6 studio apartments on the second floor of the existing building and a commercial tenant on the first floor on a site where there is no available on-site parking. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on October 29, 1999. A 60 day extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. This appeal was heard concurrent with Appeal No. 1999-152. The hearing was opened December 15, 1999, continued to January, 16 2000, and to February 16, 2000, at which time the applicant requested and the Board allowed the appeal to be with Withdrawn Without Prejudice. Hearing Summary: Board Members hearing this appeal were Gail Nightingale, Ron Jansson, Gene Burman, Tom DeRiemer, and Chairman Emmett Glynn. Alternate Board Member Ralph Copeland is present and will hear the ' According to assessor's records dated 12/06/99 Town of Barnstable-Zoning Board of Appeals-Notice Appeal Number 1999-153-McNamara-Withdrawn Without Prejudice Special Permit,Section 4-2.10 Reduction of Parking Requirements testimony and can replace any Board Member if necessary. Kerry McNamara represented himself before the Board. Mr. McNamara submitted a Quitclaim Deed to the file to show standing before the Board. He cited that previously, there were seven (7) apartments in the building, however they were abandoned over four(4) years ago so the applicant is seeking a variance to allow this use again. He is seeking permission for six (6) affordable apartment units. Mr. McNamara owns and manages other apartments of this type in the Hyannis. He cited that all six apartments will be affordable, providing housing where the tenants can walk to their jobs. Mr. McNamara submitted a copy of the floor plan to the file. The Board quested Mr. McNamara why he has not come before them with a MGL Chapter 40B - Affordable Housing, application. That type of relief would allow the units to remain affordable in perpetuity, allow for better monitoring by the town and "count" towards the town's Chapter 40B requirements. Mr. McNamara reported he has been working with Laura Shufelt, Chairperson of the Barnstable Housing Committee seeking a grant to help with the construction of these units. The Board and the applicant decided to continue this appeal to January 19, 2000, during which time the applicant will explore the option of seeking relief under Chapter 40B. At the January 16, 2000 continuance, Mr. McNamara described the proposed project and noted that the first floor would be occupied by a commercial tenant. He stated that due to time constraints, a comprehensive permit would not be feasible. He has already lost one possible tenant on the first floor. Laura Shufelt from the Barnstable Housing Committee addressed the Board. She submitted a letter from the Housing Committee in support of the project. The Housing Committee suggests as a condition of approval that the units be deed restricted to households earning below 80% of the area median income. She stated Mr. McNamara could apply later to DHCD for designation as Local Initiative units. Ron Jansson asked the applicant if he was willing to live with the conditions suggested by the Housing Committee. Mr. McNamara stated that he was. Gene Burman asked about the number of drivers that would be living there and the parking situation. Mr. McNamara stated that most of the tenants he would be renting to do not have driver licenses. They are referred by the Arc of Cape Cod which serves the developmentally challenged. About 98% of Arc's members do not drive and are dependent on public transportation. He stated he could not discriminate against drivers. The Board was concerned with the lack of parking and the fact that this intersection is one of the busiest in town. Mr. McNamara stated he could fill the apartments now with the mentally challenged if allowed and most would not drive. He stated that the Cape Cod Railroad may be a possible tenant on the first floor commercial space. At the mention of this, both Ron Jansson and Gene Burman stepped down due to a possible conflicts of interest because they are both currently involved with the Cape Cod Railroad. This left only 3 members which does not constitute a quorum. The appeal was continue to February 16, 2000. At the February 16, 2000 continuance, Chairman Emmett Glynn read a letter from Kerry McNamara, received February 4, 2000 which states "I would like to withdraw, without prejudice, my appeals 1999-152 and 1999-153." Per request of the applicant, a motion was duly made and seconded to allow Appeal Number 1999-153 to be Withdrawn Without Prejudice. The Vote was as follows: AYE: Tom DeRiemer, Dan Creedon, and Chairman Emmett Glynn NAY: None 2 " Town of Barnstable-Zoning Board of Appeals-Notice Appeal Number 1999-153-McNamara-Withdrawn Without Prejudice Special Permit, Section 4-2.10 Reduction of Parking Requirements Order: Appeal Number 1999-153 has been Withdrawn Without Prejudice. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. Emmett Glynn, Chairman IF Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this 491 i day of Gam( til�l� under the pains and penalties of perjury. Linda Hutchenrider, Town Clerk 3 RefNb mappar ownerl owner2 addr city state zip 152+153 327 067 BARNSTABLE, TOWN OF (MUN) 367 MAIN STREET HYANNIS MA 02601 327 068 BILL, WILLIAM 0 & ELEANOR M LANSING LANE HYANNIS MA 02601 327 069 PLYMOUTH & BROCKTON 8 INDUSTRIAL PARK RD PLYMOUTH MA 02360 327 070 SHREE GURU INC 164 WASHINGTON' ST PLAINVILLE MA 02762 327 072 PLYMOUTH & BROCKTON ST RAIL 8 INDUSTRIAL PARK RD PLYMOUTH MA 02360 327 073 PLYMOUTH & BROCKTON 8 INDUSTRIAL PARK ROAD PLYMOUTH MA 02360 327 074 FEDERATED CHURCH OF HYANNIS 320 MAIN STREET HYANNIS MA 02601 327 094 CONSTANTINE, CHARLES & CONSTANTINE, EDWARD 87 BAY SHORE RD HYANNIS MA 02601 327 095 STAFFORD, EDWARD T JR & CARLETON, ROBERT T 298 MAIN ST SUITE 5 HYANNIS MA 02601 327 097 CAPE COD BANK & TRUST CO 307 MAIN ST HYANNIS MA 02601 327 098 BEATTY,ARTHUR J & ELIZABETH 699 COTUIT RD MARSTONS MILLS MA 02648 327 095 MCNAMARA, KERRY M TR KDA RALTY TRUST PO BOX 1144 OSTERVILLE MA 02655 327 103 CAPE COD BANK & TRUST CO 307 MAIN ST HYANNIS MA 02601 327 104 CAPE COD BANK & TRUST 307 MAIN ST HYANNIS MA 02601 327 105 CAPE COD BANK & TRUST 307 MAIN ST HYANNIS MA 02601 327 124 YUSKAITIS, MARK E 63 BAYBERRY RD W YARMOUTH MA 02673 327 126 RAPP, KEITH M TRS MNS NOMINEE REALTY TRUST P 0 BOX 357 COTUIT MA 02635 327 127 ELLIOTT, JOHN H 259 MAIN ST HY BARNSTABLE MA 327 154 FEDELE, STEVEN R TR STORYLAND REALTY TRUST 141 WINDING COVE RD MARSTONS MILLS MA 02648 327 155 CLOUTIER, EMERSON & MARILYN R TR EMERSON REAL ESTATE TRUST 33 EVERGREEN DR MARSTONS MILLS MA 02648 327 156 001 MASS BAY TRANSPORTATION CORP 50 HIGH ST BOSTON MA 02110 327 156 002 MASS BAY TRANSPORTATION CORP %EXECUTIVE OFFICE TRANS 10 PARK PLAZA - RAIL DIVISION BOSTON MA 02116 327 157 MORIN, ALFRED C &JULIUS P MORIN, PAUL & CROSBY 12 MAPLE ST HYANNIS MA 02601 327 158 CAPE COD REG'L TRANSIT AUTHORITY P 0 BOX 2006 DENNIS MA 02638 327 246 ODA DIPRETE, HENRY A TRS EASTSIDE HERITAGE TRUST 1450 LANDVIEW LN OSPREY FL 34229 327 246 OOB DIPRETE, HENRY A TRS EASTSIDE HERITAGE TRUST 1450 LANDVIEW LN OSPREY FL 34229 327 246 OOC BURKE, JAMES M & JONES S C TR MAIN ST RENAISSANCE TR 36 MOONPENNY LA CENTERVILLE MA 02632 327 246 OOD BURKE, JAMES M & JONES S C TR MAIN ST RENAISSANCE TR 36 MOONPENNY LANE CENTERVILLE MA 02632 327 246 OOE BURKE, JAMES M & JONES S C TRS MAIN ST RENAISSANCE TR 36 MOONPENNY LA CENTERVILLE MA 02632 327 246 OOF BURKE, JAMES M & JONES S C TRS MAIN ST RENAISSANCE TR 36 MOONPENNY LA CENTERVILLE MA 02632 327 246 OOG BURKE, JAMES M & JONES S C TR MAIN ST RENAISSANCE TR 36 MOONPENNY LA CENTERVILLE MA 02632 327 246 OOH BURKE, JAMES M & JONES S C TR MAIN ST RENAISSANCE TR 36 MOONPENNY LA CENTERVILLE MA 02632 327 247 FURMAN, JACK J FURMAN, SYLVIA M PO BOX 314 OSTERVILLE MA 02655 327 254 FAZIO, THOMAS E & EILEEN D 294 MAIN ST HYANNIS MA 02601 327 255 CLARKE, WILLIAM T 9 Meeting of December 15, 1999 Zoning Board of Appeals Hearings Agents and Abutter Notification Mailed November 30, 1999 327 255 152+153 William & Glorya Clark 292 Main Street Hyannis, MA 02601 • 1 Proof of Pu tion Town of Barnstable Zoning Board of Appeals Notice of public Hearing Under The Zoning Ordinance for December 15, 1999 To all persons interested in,or affected by the Board of Appeals under Sec.11 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts,and all amendments thereto you are hereby notified that: 7:30 PM Reynolds Appeal Number 1999-149 Cynthia H.Reynolds has applied to the Zoning Board of Appeals for a Variance to Section 3-1.1(1)Principal Permitted Uses to allow a second living unit on the premises forthe owner's caretaker to live in while providing support with the understanding that the Variance will not be transferable and,at such time as it Is not needed for this use,the house will be restored as nearly as possible to its prior state.The property is shown on Assessor's Map 186,Parcel 009 and is commonly addressed as 161 Bay Lane,Centerville,Min an RD-1 Residential D-1 Zoning District. 7:45 PM Gonzales Appeal Number 1999-150 Edward C. and Frances H. Gonzales.have applied to the Zoning Board of Appeals for a Variance to Section 3-1.3(5)Bulk Regulations to permit an addition to be constructed 16 feet from the front property line off an unconstructed street where a minimum 30 foot front yard setback is required. The property is shown on Assessor's Map 114, Parcel 072 and is commonly addressed as 70 Baybeny.Way,OsterviIle,MA in an RF-1 Residential F-1 Zoning District. 8:00 PM PetsMart Appeal Number 199 PetsMart has applied to the Zoning Board of Appeals for a Variance to Section 14-3.7 Signs in Business Districts to allow a sign for PetsMart to be 208.12 square feet.VetsMart to be 12.92 square feet, and Grooming to be 12.92 square feet. The property is shown on Assessor's Map 295,Parcels 019.Xol and 019.X92 and is. mmonly addressed as 1070 lyannough Road/Route 132,Hyannis,MA in a B Business Zoning District.8:15 PM McNamara Appeal Number 199 -152 Kerry McNamara has applied to the Zoning Board of Appeals for a Variance to Section 3- 3.1(1)(1)Principle Permitted Uses-Multi-family dwellings. The applicant seeks to remodel the existing building to create six(6)affordable studio apartments. The property is shown on Assessor's Map 327, Parcel 099 and-is commonly addressed as 278 Main Street, Hyannis,MA in a B Business Zoning District. 8:20 PM McNamara Appeal Number 19 Kerry McNamara has petitioned to the Zoning Board ofAppeals f -153 Appeal Special Per r 999-153 to Section 4-2.10 Reductpursuant ion of Requirements/When Applicable: The petitioner seeks to remodel the existing building to create six(6)affordable studio apartments on a site with no available parking. The property is shown on Assessors Map 327, Parcel 099 and is commonly addressed as 278 Main Street,Hyannis,MA in a B Business Zoning District. 8:30 PM Dunbar David B.andJanet Cooke Dunbar have applied totheZoning Boa Appeal Number rd of Variance to Section 3-1.1(5)Bulk Regulations. The applicants seek to sell the house on Parcel 016 to their,daughter and build a 2 bedroom single-family residence on the adjoining vacant lot (Parcel 110) which may have technically merged for zoning purposes with their other property.The property is shown on Assessor's Map 229,Parcels 1 10&016 and is commonly addressed as 55 and 73 Holly Lane, Centerville, MA in an RD-1 Residential D-1 Zoning District. 8:35 PM Dunbar . Appeal Number 1999-155 David B.and Janet Cooke Dunbar have petitioned to the Zoning Board of Appeals for a Special Permit pursuant to Section 4-4.2(5)Merged Lots. The petitioners seek to sell the house on Parcel 016 to their daughter and build on the adjoining land which may have technically merged for zoning purposes with their other property and further reconfigure some lot lines so that the encroachments over the existing lot line between Lots 10&11 is rectified and the sideline setbacks of present zoning are observed.The reconfigured lot fines will reduce the area of Parcel 015 which is currently undersized. The property r shown on Assessor's Map 229,Parcel 015 and is commonly addressed as 93 Holly Lane,Centerville, MA in an RD-1 Residential D-1 Zoning District. 8:45 PM Marchessault Appeal Number.1999-156 Francis J.and Claire L. Marchessault have applied to the Zoning Board of Appeals for a t Variance to Section 3-1.4(5) Bulk Regulations for a lot of 36,389 sf to be considered buildable.This undersized lot was the subject of an allowed variance in Appeal Number 1993- 69 which lapsed.The property is shown on Assessor's Map 076,Parcel 048 and is commonly addressed as 123 Cory Circle,Marstons Mills,MA in an RF Residential F Zoning District. These Public Hearings will be held in the Hearing Room;Second Floor,New Town Hall,367 Main Street,Hyannis,Massachusetts on Wednesday,December 15, 1999. All plans and applications may be reviewed at the Zoning Board of Appeals Office,Town of Barnstable, Planning Department,230 South Street,Hyannis,MA. Emmett Glynn,Chairman Zoning Board of Appeals The Barnstable Patriot 11/25/99&12/02/99 c Town of Barnstable Planning Department Staff Report KDA Realty Trust-Appeal Number 2000-23 Comprehensive Permit.-MGL, Chapter 40B Date: March 10, 2000 To: Zoning Board of Appeals From: .Approved By: Robert P. Schernig, AICP, Planning Director Art Traczyk, Principal Planner David Palmer, Principal Planner c Applicant: KDA Realty Trust, Kerry McNamara,Trustee, Property Address: 278 Main Street, Hyannis, MA Assessor's Map/Parcel: Map 327, Parcel 099 Area: 0.13 acre Zoning: B Business Zoning District Groundwater Overlay: AP- Aquifer Protection District Filed:February 16,2000 Hearing:March 15,2000 Decision Due:40 days from close of public hearing Background: The property that is the subject of this Chapter 40B-Comprehensive Permit-is a 0.13 acre lot on the northwest corner of Center and Main Streets in Hyannis. It is presently improved with a two-story commercial building listed as a store/shop on the assessor's field card'. The.building was previously the. site of a pharmacy on the first floor and 7 apartment units on the second. The building has been vacant for approximately 4 years. The property is located in a B Business Zoning District and is serviced by public water and sewer. The applicant is proposing to remodel the interior of the building for 6 affordable studio apartments on the second floor and a commercial tenant on the first floor. All of the 6 apartments would be affordable units. List of Materials Submitted: 1. Application for Comprehensive Permit Town of Barnstable.Clerk Office date stamped Feb. 16, 2000, including Attachments a) Copy of Town of Barnstable Assessors Card - print dated 12/06/1999, b) Copy of Site Plan with Site Plan Review Committee Approval-approval date 10-20-99 c) Proposed layout of apartment units d) Copy of a letter from The Arc of Cape Cod to Kerry McNamara, dated October 22, 1999 supporting the project. Letter is signed by Lisa Chamagne, Housing Coordinator, e) Letter from Barnstable Housing Committee dated January 18, 2000 to Emmett Glynn, Chairman ZBA supporting an earlier variance and special permit PP 9 p p t request and encouraging the Chapter 40B application. According to assessor's records dated 12/06/99 Town of Barnstable-Planning Department-Staff Report KDA Realty Trust-Appeal Number 2000-23 Comprehensive Permit-MGL,Chapter 40B , f) Letter from Cape Cod Bank and Trust, to Kerry M. McNamara, Trustee KDA Realty Trust dated February 11, 2000 expressing interest in financing the project using Federal Loan Bank of Boston's New England Funds (NEF). Letter signed by James M. McEvoy, Senior Vice President. g) Copy of a record Mortgage(Bk. 12374, Page 008) date stamped 06-29-1999 to Cape Cod Bank and Trust from KDA Realty Trust. h) Copy of Site Plan Review minutes of October 28, 1999 showing approval of the plans. 2. Copy of a signed Regulatory Agreement dated February .15, 2000. 3. Agreement to Extend time limits for Holding a Public hearing on the Comprehensive Permit signed by Kerry McNamara dated February 16, 2000. 4. Copy of Zoning Board of Appeals Memorandum, dated February 18, 2000, to various agencies requesting review and comment of the project. 5. Copy of Legal Notice for the Public Hearing of March 15,2000 (Proof of Publication). 6. February.22, 2000 e-mail note from Rob Gatewood, Conservation agent citing that Conservation Commission had no jurisdictional interest in the proposal. 7. February 24, 2000 letter from Town of Barnstable, Collector of Taxes stating that the fiscal 2000 real estate taxes (installment due in December 1999)are not paid and requesting that the real estate taxes be required to be current as part of the approval. 8. February 28, 2000 letter from the Barnstable Housing Authority supporting the Comprehensive permit and citing the need for this type of housing. The letter asks that the units not exclude non-disabled individuals and that it be restricted to those making less than 80% of the median income. 9. A copy of the Quitclaim Deed recorded 06-29-1999 as Book 12374 Page 006 transferring the property from Citizens Bank of Massachusetts to KDA Realty Trust(as submitted in previous appeals by the applicant No. 1999-152 & 153). 10. March 03, 2000 Assessor's Office certification of Abutters List, inclusive of GIS area map with 300 foot abutter notification ring and a copy of the list of Abutters. 11. March 9, 2000 letter from Robert Stahley, Chairman Planning Board stating Planning Board members were in favor of the proposal with some concern for size of units and number of occupants. Staff Comments and Review: Review of Chapter 40B Standing: The first order of business for the Board should be a review of the application for Jurisdictional Requirements (Standing)-eligibility of applicant to apply for a Comprehensive Permit under MGL Ch. 40B. This proof is a three prong requirement: 1) the applicant shall be a public agency, non-profit organization or a limited dividend organization, 2) the project shall be fundable by a subsidizing agency under a low and moderate income housing subsidy program, and 3) the applicant shall control the site. • The applicant KDA Realty Trust has met the requirement of a limited dividend organization by signing a copy of the"Regulatory Agreement and Declaration of Restrictive Covenants, Section III E 1, which states that"the aggregate profit from the project ... including developer's fees shall not exceed twenty percent(20%) of total development cost of the Project." • The applicant-has identified funding would be from the Federal Home Loan Bank of Boston New England Fund (NEF) through Cape Cod Bank and Trust. The bank has expressed its interest in this 2 i Town of Barnstable-Planning Department-Staff Report KDA Realty Trust-Appeal Number 2000-23 Comprehensive Permit-MGL,Chapter 40B proposal as cited in a letter of February 11, 2000 (item 1 g).2 Apparently there are a few items that still have to be clarified between the applicant and the Barnstable Housing Committee to assure that this project complies with those Town requirements as outlined in the recently adopted Comprehensive Permit Development Financed by the New England Fund of the Federal Home Loan Bank. • Staff has taken the liberty to enter into the applicant's"Comprehensive Permit file a copy of the Quitclaim Deed recorded 06-29-1999 as Book 12374 page 006 transferring the property from Citizens Bank of Massachusetts to KDA Realty Trust(item 8). If any of the above criteria is not met to the satisfaction of the Board, the applicant must be given at least 60 days to remedy the failure. Regulatory Agreement& Deed Rider. The Barnstable Housing Committee has refined the Regulatory Agreement and Declaration of Restrictive Covenants as well as Project Affordable Home Ownership Deed Rider. These documents were developed and drafted to protect affordable housing units within the Town. The Housing Committee feels that these documents can be implemented after the Comprehensive Permit is granted. If necessary, the Board can condition the permit upon these papers being executed to the satisfaction of the Housing Committee and the Town Attorney. A member of the Housing Committee will be present at the public hearing to address the Board on these documents. Relief Requested: From information submitted, it appears that the grant of this Comprehensive Permit would relief the applicant from the requirements of zoning as related to; • Section 3-3.1(1) Principal Permitted Uses-Section 3-2.1(1)(J) provisions 'a' through 'h' -Multi-Family Dwellings (Apartments), and _ • Section 4-2.9 Schedule of Off-Street Parking Requirements to allow the uses (apartment and retail/commercial)without the required parking. Need: The Barnstable Housing Authority's(BHA) letter of February 28, 2000 cited the need for affordable housing. According to that letter of Thomas K. Lynch, Executive Director, the states waiting list has some 376 applicants, of with 360 are looking for single units (one bedrooms/studios). The BHA letter further request that the units not be limited to development disabled only but be available to all individuals making less than 80% of the median income. The Arc of Cape Cod, a regional organization assisting development disabled persons to live independently has cited in its letter of October 22, 1999 that"Over the past year, it has become increasingly difficult for our program members to find rental housing on Cape Cod." The Planning Department supports affordable housing units for low income residents. The Local Comprehensive Plan further cites the need for affordable housing for"vulnerable segments of the community". 2 Note: A recent appeal to the state Housing Committee.on the use of the NEF funds has outlined the requirements an applicant must meet in order for the project to qualify as a Chapter 40B.The Barnstable Housing Committee has developed a set of guidelines for the NEF Projects in the Town of Barnstable. A copy is attached for reference. 3 .... .......... ......_........... .... . i Town of Barnstable-Planning Department-Staff Report KDA Realty Trust-Appeal Number 2000-23 Comprehensive Permit-MGL,Chapter 40B a Strategy 5.2.3.4 of the Comprehensive Plan, Affordable Housing states: "Grant density bonuses upon site analysis for developments that provide all units as affordable for the vulnerable segments of the community: the elderly, very low income(50% of the county median income), single-family heads of households, racial minorities, homeless, disabled and others with special needs." Present Affordable Units: The Town of Barnstable has a total of 807 affordable housing units (1997)which represent 4.35% affordable housing stock within the Town. The State goal of MGL Chapter 40B and the goal of the Regional Policy Plan is to provide 10%of the housing stock as affordable housing units. This project proposes to be 100% -(6 units)-affordable. Although small in number, it is a welcome addition.. Further more, the applicant has committed and the Board can require that the units remain affordable in perpetuity by Deed Riders attached to all Comprehensive Permits. Land Use: The applicant is proposing the reuse and rehabilitation of an existing two story commercial building located at the intersection of Center arid Main Streets. The first floor is to be devoted to one commercial business tenant and the second to the creation of 6 affordable studio unit apartments ranging in size from 362 sq.ft. to 240 sq.ft. From a land use perspective the proposal is ideally located for the proposed studio apartments. • The building is connected to public sewers and water. • It is located along existing transit routes and across for the proposed Intermodal Transportation Center. The site being downtown is in close proximity to public facilities and potential jobs. • It is anticipated that few of the tenant would have vehicles and that parking should not be an issue nor the intensification of traffic generated from the proposed reuse. . • The creation of year round residence within the downtown is desirable and supported by the Local Comprehensive Plan. Sewers &Wastewater Treatment:, The building is-connected with public sewers and the wastewater treatment plant. Nitrogen loading is not a concern with the increase density. In addition, new bypass.sewers are being installed in Old Colony Boulevard and in Center Street. This installation of bypass sewers is alleviating the flow within the existing sewers in the area and providing for a higher capacity. Six additional studio units will not present a problem for the capacity of the Wastewater Treatment Plant to handle processing. Site Plan Review: The applicant has been before the Site Plan Review Committee and the plan was found approvable by the committee on October 20, 1999. A copy of Site Plan with its approval signatures was contained in the submittal (item 1 b). Proforma Review: No information has been presented to the file on the economic viability of the project-a Proforma. It is staff understanding that a proforma is being developed and will be presented to the Barnstable Housing Committee in the near:future. According to the quitclaim deed, the property was purchased for$150,000 on June 29, 1999. 4 Town of Barnstable-Planning Department-Staff Report KDA Realty Trust-Appeal Number 2000-23 Comprehensive Permit-MGL,Chapter 40B To meet the requirements of affordable to low and moderate income persons, the cost of housing (rent and utilities) is not to exceed 30%of 80%of the median income. The 80% annual median income for an individual in Barnstable is pegged at$27,100 for the year 1999. This would translate town affordable rent, inclusive of utilities, of not more than$677.00 per month. In addition, the US Department of Housing and Urban Development(HUD)further establishes area Home Program Rent Limits.. In the Barnstable- Yarmouth area the range for an "efficiency" unit is$423 for"Low Home Rent Limit" and$465 for"High Home Rent Limit. Preliminary Suggestions of Possible Conditions: The following list is an initial draft of possible conditions to be included within the Comprehensive Permit if the Board should find to grant the permit. Staff would desire further input from the Board to refine this list of conditions. Staff, the applicant's representative and the Town Attorneys Office would further review proposed conditions and provide a final draft for the Board if the Board should desire it. 1. The development shall be constructed as represented to the Board and in accordance with plans presented. 2. The development is restricted to no more than 6 studio units ranging is size from 240 sq.ft. to 362 sq. ft. on the second floor and one commercial/business tenant on the first floor 3. The development shall comply with all requirements of the Site Plan Review Committee which are as follows: • Trash disposal method to be approved by Board of Health. • Residential tenants restricted to single occupancy, affordable housing status. • Commercial tenant subject to Site Plan Review. 4. Property tax obligation shall be made current before this Comprehensive Permit is released for the Clerks Office. 5. All six units are to be rented to individuals who's income is under 80% of median income of Barnstable-Yarmouth Metropolitan Statistical Area (MSA). 6. Rent for the units shall be based upon 30%of the individuals income but shall not exceed limits set by the US Department of Housing and Urban Development"Home.Program.Rents", Barnstable- Yarmouth MSA. 7. Renting of the units shall be open to all qualifies individuals. The units shall not be restrictive to development disabled only. 8. All requirements related to the use of the NEF funds and the Town of Barnstable Housing Committee Guidelines shall be meet to the satisfaction of the Committee and the Town Attorneys Office. 9. The applicant shall have recorded a Deed Rider, acceptable.to the Town Attorney's Office, that commits the six(6) residential units to affordable housing in accordance with this Comprehensive Permit in perpetuity. 10. A Regulatory Agreement and Declaration of Restrictive Covenants as well as Project Affordable Home Ownership Deed Rider shall be completed and recorded by the applicant. These documents shall be recorded prior to any building permit being issued for the project and shall be approved by the Barnstable Housing Committee and the Town Attorney's Office. 11. The applicant shall pay a yearly compliance fee of$50.00 per unit to ensure that the terms and conditions of this permit are being upheld through the monitoring activities of the compliance officer. The applicant's obligation to pay this fee shall commence upon the issuance of an occupancy permit and shall be payable yearly on or before April 15'h of each year. 12. A sprinkler system shall be installed throughout the entire building for public safety reasons and shall comply with all fire code regulations with regard to the installation of sprinkler systems. Attachments: Ch.40B Application Copies: Petitioner/Applicant Assessor's Field Card GIs Map 5 ------------ Wo v�. _ For sosrdeI tir, D ,perm.Application No. Date Rec'd Hearing Date: t 1 v TOWN OF BARNSTABLE Zoning Board Of Appeals ' 1 r_ i(a •i Town Hall. Hyannis. MA. 02601 APPLICATION for COMPREHENSIVE PERMIT (Made pursuant to M.G.L. Ch.406. Secs. 20-23. and 760 C.M.R. 30.00 a 31.00) Note: Please submit fifteen (15) copies of pages 1 and 2 of this completed application form and Alsoall accompanying plans and documents listed in Item 19_" together with a check Barnstable Iw, . - [Only one (1) co documents repayable to Town copy.needs to be filed of ferred to in Items A.. 10-A.. 14-A. and 21-A.1 Use supplemental pages if necessary to provide complete information called for by any item in*this application. indicating name 'of applicant (Item 2.) an name of development (Item 3.) on each such page_ If an item is not applicable. please enter N// PLEASE TYPE OR PRINT NEATLY ALL ENTRIES_ I Applicant(name). (address & O.......................II -1� 0SGty1.► ..Mg:....02 .s�'............................................................. 2.Status of applicant: (check one): Public Agency _; Non-Profit Org. ; Ltd.- Dividend Org. ✓ 2-A.Attach documentary evidence of status. 3. Name of proposed development..4:7$ m4 v► .ve ... ............................................. _ 4. Type of delopment (check one): New construction Rehabilitation of exi : sting structures) ✓ �� 5. ApplicanCs attorney:(name)......C1.S'?nS.... rG' (address 8. tel.).... . ........................................................................................................................................... 6..ApplicanCs architectname).......K14.rkR.►... 4' " ..........: (address & Lei.)......................:. ..................................................................... 7. Applicant's engineer-.(name)........hQ! < ....•je'} (address.& tel.)..................................................................................................................................................... 8. Location of site by village and street(s)_...a 7 MYJw� ST 9. Fire district _ .h.. ..............l:�Y g'n v1,1 s........................... and water supplier: S 10. Area of site in scr es/sq.ft._.........,��t' ... ..:... ........................... . ............................................. 11. Assessors map A parcel nos. for site:......��"7. . .............................L-o'� ....9 9......................................................... 11-A.Attach cony of assessors map(s) showing parcels) comprising site. 12. Zoning Districts) of 13. Is elimination of any existing street(s) proposed? .1N 0............... .. If 50, gluiv e name(s) .... 14. ApplicanCs interest in site: (check one): Owner - �. Option to purchase : Contract to Purchase_ __ 14-A.Attach documentary evidence of interest in site. 15. To number yn f .���, f-� {�flg ..(� bedrooms) proposed: ...�a.....s vmq... .................. ............................ .................................................................................... ................................. I........................................................................................ ................. ..........a........ .......................I.................................................................................................... ........................................................... 16. Number & typ of Io -or-moderate-income housing units M bedrooms) ..po ... ............ � .. proposed:.....�s?..... `''° .... ........ s.............................................................................................................................. P . _ TOWN OF BARNSTABLE Zoning Board of Appeals Page 2 APPLICATION for COMPREHENSIVE PI Name of Applicant Name of Development Application-No. 17_ List of exceptions requested from local by-laws codes and regulations: (Spa ify ach exception with pre ise reference to applicable by-law. ode or regula on.) .. e'g............................ �. ......................... .............. ...................................................................................... ...........` ...� a........ ........................ .................................................. 18_ List of approvals needed from other public agencies: (Identify each local, regional, state, and federal agency and specify the approval to be sought.) ..........i�E?!' %...................................................................................................................................................... .................................................................... 19_ List of accompanying plans and documents submitted . . .. r . his a .. ..ion ...................... submitted as part of this application: e hOdei tfy .. such p�ol4^a n! .an..d�docum?eynt�+!b:W1 its title.) ......................................................... .............................................. ...... .............................................................................. ............ . . .................................................. ................................................................................. .............................. 20. List of supplemental Pages used to provide full.. .....:........................................................................ information called for by this appplication: Z Lee ti,r, p , 4.. .................. .....��c�l........C3,c�xn.�i�a,� .....,�-lv�s...�n CQ�►��, ► tom ..........: ...:: .:..:..:.....:....::............... ..:.. .... ...................................... :::...:...:.: ..... ..... ... Subsidy21. agency (Aa�e and address) and finanein program (name) invol�(ed. _ D �1......f4+'?r^ .... !...6.C . !..:........:. ..................................................................... ................ ....... 21-A.Attach documentary evidence of subsidy agency's determination.. of site-acceptability................ This application for a Comprehensive Permit to buildfrehabilita►e low-or-moderate-income housing is made subject to the provisions of HGL Chapter 408. Secs. 20 23. and 760 C"R 30-oC & 31.00. Rom, s-7- Name o Applicant V Date: °2 l o Oc) Authorized Signature l�er�� Y�c�Ua�rq Typed Name of Authorized Signatory Note: if any information or documentation submitted as part of this application changes during the course of its consideration. applicant should promptly supply such changed information or documentation to the Board, making clear reference to the item, document or plan to be replaced or updated thereby. lE f• Prvperry Lvc%Wm:-278 MAIN ST SYANNIS M.lrlDt 327i 099/ Men ID:27525 00w IDt Bldg ik l Cod l of l . Prltrt Datarl2/06/1999 MARAMY,LEONA TA y� OLD YA>RMOVPH RD A=MA 02601- NTL LAND 39,39 39,3! Sol ERC. 03" 91,91 Ga 97L,l1 Balnttab/C2000,MA Diet 600 d cw •�P #SR Li6e VISION L 2 LOT 19 Now. 200rti67 IDt NI - u CHOLAS A&LRONA 5575/00 02115/1 I t: rarr r F u n rre CHMOM THOMAS E 190 217 1 0101 39,! 0101 31,3 1 0332255 91a1 1!9 003325 91,91 JL ra4mom BMW ASOWit— QaMy m ANAMor /�pJ61/Od H Vehle Applittod XF ;Vail a((81dg 131,300 Apptai�ed OB Velue(Bli�� e LOC �OC181 Leod Value 68.300 70 30 'DC BK119!!/PGO1e Total A}pgiRed Card Value 199 1(d)RMAPl MASASNY,N1($01,g8 A Total App toad parcel Value 199. Veluatlon Method: GWMark t YalNadel a7 "7 e ' tong zwffi� C ............................. f' lC A Vw ce r v ";7 va 0 i r ' i ProparV Luca soar 278 MAW ST HYANM MAP/D.- 327/4"///. Men mr27w OdwIDr . Y:. BM8 ila l cvd 1 of Pdw Dater 23/06 "q odol mmercW . fww Type feria Stella atlalP{umbu8 V81tA . . cY eDinyWrlt WAL 2 V1iHAG8 Od rbjd dd v wall1 9 d[Vesea Coamoowill 2 pp dl 0 f cover GIs/Ctop terio►Wsll 1 2 a0 terios Floor 1 4 ryst ' loatloa Fuel v umbarofLTaib C 7ype 1 s f v Lavdt 0 Bedrooms aWrooau Batlu�os PRO aW Rooms . ��g .077�0 telim Sale Vr 14 ar suds .YPea�trsDwit lt+0 wavine 7 Obdnc Cost Code C%C 8101 $e Fam 30 . proe.HWi Vdue 31,100 . UVAM AJVMSArdt tamFUS �01t' $l .e. .a ffilddled ='°l �01 2,01 .l: la:. 2Al >a 1 CSRrffr NAT no SURvsy AND PLAN mw mAD6 RD - W ACCORDANCE MM MT PRWMURAL AND MCHNICAL JUMARM PVR Off PRAMM OF LAND SURKMNC M a� r" "=r f Or 1lAMCN6fg M ZZ� N� PAM, Y81PA7 Y. P.L.A A1-T bow JK,98- V _ -°_-___ _ cocrU AuP wASQMSIDRS YAP 327, ZOT 89 a PLAN RSf` 9182A SKR . —ARJ�A.5435* sq rr.- fa ALOOD ZONM Tw :• • . ASAOT ____=_— o PLAN OF LAND RaE pr —�—— -• — ' � R •� .:\ .*�9•)�• /I III• ••r J•�•s.�l . , r AMY YCNAYARA IL P33'W SJVCMEMEW AND ASSOC P.Q BOX m OSTB! VZ= YASS OZ855 ., PNONS,/J�A.IE 42B—sr.�� S��BP. r �I� 'YMArEE 3L1PIE7 CgVSKTAN�S 1 0-20' DA TF• AFARSAM A#" MA OW48 REV. S/`17/�79 REV° A►�c{so�l+se—aau-AAf(5W)420- NO 5194.1 SJ/EETl OF 1 • '/��iv,���yj W/TLC+ �iTlw.6 1���� /t%ALicreM%J 0.4C; �FfsXAilS�L� 7�w 3 . . f 1 - - r, aglow top WAR a i �, sTU 1�lOS (fie-L'c��e•�a-�'or�_ STovG k m► ecOwovet Q �- ���'}C�Q`�C4bIN!►�1t �- Am k t L t L FV � I da�•�n CS�+O WG'�, Li � ' �'� ayo sg• � ' o 3y f S$. a- �. it 3 Z 0 WON +a�S iy 3 � 3�Z sy• ' Sto1{ 6T52, The Arc of Cape Cod Searing Cape Cod's Developmentally Disabled Post Office Box 428 Hyannis. Massachusetts 02601 (508) 790-3667 October 22, 1999 Kerry McNamara Post Office Box 1144 Osterville, Massachusetts 02655 Dear Kerry, I am writing in support of your purchase of a building on Main Street in Hyannis for conversion into studio apartments. Our organization assists more than 60 people with developmental disabilities to live independently as members of the community. Over the past year, it has become increasingly difficult for our program members to find rental housing on Cape Cod. Our members, unfortunately, have limited incomes and most are dependent on the assistance they receive from housing certificates which places them at a further disadvantage in attempting to compete for high - - demand rentals. Your assistance in helping our members to find suitable housing has always been appreciated and we currently have four program members living happily at your apartments at 521 Main Street. Approximately 98% of our program members do not drive and are dependent on public transportation. A down town location is very convenient for our members who don't require any parking but do need access to public transit. We look forward to your opening of these new apartments as we in need of more affordable housing for our members. Fondest re ds, Lisa Champagne Housing Coordinator Member Agency 1 United Way of Cape Coo.Inc. Accredited Member olArc Massachusetts Thv Arr 77 BARNSTABLE HOUSING COMMITTEE Town Hall 230 South Street Hyannis,MA 02601 January 18, 2000 Emmett Glynn, Chairman Bamstable Zoning Board of Appeals Town Hall 230 South Street Hyannis, MA 02601 RE: Petitioner. Kerry McNamara, Project Location: 278 Main Street, Hyannis Dear Mr. Chairman and Members of the Board: The Housing Committee met with Mr. McNamara on January 12, 2000 to discuss his proposed Living-Over-The-Shop housing on Main Street, Hyannis. We had reviewed and discussed the proposal at our previous meeting in December. The Committee supports his request for a variance and special permit. We acknowledged that the best scenario would be for Mr. McNamara to apply for a Chapter 40B Comprehensive Permit. However, given the time constraints, that would make the project unfeasible. We would like to suggest that as an altemative the variance and special permit be approved with the condition that the units be deed- restricted to households eaming below 80% of Area Median Income. The Deed Rider should be in a formA and substance acceptable to the Zoning Board of Appeals and:the Housing Committee, and would require monitoring-from an,outside agency for compliance. _ .. .. When complete, we would encourage Mr. McNamara to apply to the State Department of Housing and Community Development for designation as Local Initiative Program units. The units would a then be included in the Towns 406 inventory (in other words counted°). Both the Housing Committee and our Planning Department staff support, David Palmer, are willing to assist Mr. McNamara in this process. The Housing Committee supports this proposal and urges your approval. Sincerely, Laura F. Shufelt, Chair Judith Bamet Tom Kosman John McGarrahan Rick Presbrey CAPE COD BANK AND TRUST COMPANY February 11, 2000 Mr. Kerry M. �1c1\amara,Trustee KDA Realty Trust P.O. Box 1144 C)sterVille,VIA 02655 Re: 278 Main Street, Hyannis, MA Dear Mr. "v1cN amara: I an, pleased to provide ,you with this letter expressing ot:r interest iXI your request for financing using the Federal Home Loan Dank of Boston's New England Fund(NT.FF) for the development of a mixed use property to include six apartments at 278 Main Street, Hyannis, MA. After reviewing the-NEF Elibibility Cruidclines and your plans for the subject property, it is mti- understanding that-NE-1 funding maybe used for this project. Please keep me informed regarding your progress. Sincerely yours es M. McEr a Senior Vies sident Customer Service Centcr 11K.- South Yarmouth, MA 04664,0150 1-800-455.51%X) httF,;!/www.ccbc.com BK 12374 P00083 0E-29-1999 12 03219 After Recordation Return to: Cape Cod Banc 6 Trust Cclpany AM; Loan Department P.O. Box 1180 SO, Yarmouth, MA 02664 MORTGAGE BORROWER K.D.A. Realty Trust ORTOA D Kerry M. McNamara. K.D.A. Realty Trust, KerryM.Douglas J. AhernMcNamara Trustee Andrew Witter ADDRESS P,O, Box 1144 Osterville P.O. Box 1144 ADDRESS . TELEPNONE NO. 0265DENn�MN� Osterville, MA 02655 508-428-0503 nimPloolum WIMRCAMNfp, In consideration of the loan or olhsr ctedit aecommodatlon heral f ft Specified0and any future advances or future ODII agora actin may hereafter be advanced or incurred and other good and valuable consideration rscel 1 end follicle acknowledged M�o�rtgapor hereby g a Is•warrants end mort a es to_ 0 s.u defined heran, .57 TL.Qr_�YIiNN1SLMn r 0 0 C11PE.� 9NYrwY of which ae hereby �.�I) _ tm MATI�_ I'lendar'),its succassora.and seslpns,with MORi(3AGE COVENANTS,upon the STATUTORY CONDITION,and wllh tits STATUiORY�POWEq OF SALE and NBM h entry and p t I lion sit of Motgagor's present and future esels,dgAl,Utle red Inlerssl In end to efts real Schad A which a personal to Isis Mongeg0 and IneOfporaled herein by this releranee,fop& ,with all Present red futon ,,.lures; e11 tangibe personal properly,inetud( mliallonall property described In (excluding household goods)now or hefeslternxooca located on for used In cannecUo0 wittplctjr �enj Duifding materials,and Inlprods at every s end Ifamf gas.heradilamene,and appurtenances,Including all development rights aesociatad wa the PeaPorty,whsther a not affixed to the land.all uanslerra 10 the real property from other rest property or now or hereafter suagpll 41 of Nnsfer 0offro Property.the real property rat Other reel propene;all ndy leases,licenses and other agreements;ell rents,Issues and profits;all water,wall,ditch,reservDlr end mineral rights red stocks pertainingrlro Ns cal propene(cumulerively'Propeny');until Payment In lull of all Obligations securetl hereby. Moreover.a,d further consideration,its Mortgagor doss,for Malt flow red Mortgagor's hate,repreaenlalivas and assigns,here ex pre" covenant,and agree with Lender its successors and assigns as follows; I. OBLIGATIONS. This Mortgage shall secure the a - by pr stye worm, covenants of Borrower or Mortgagor(cumulalively'Obllpagona)slat Lander pursvolou of Present end future Indebtedness,liabilities,obligations end i�Ai�R>Sgormaric rlgage Intl the following promissory notes and other agreements: RAT v�iACIFAL-AROURY/�--pyA6lNti/— --If�TUA1T9'— E cREDITUNIT ADREEMEN D TE S♦�E DATE . VARIABLE 6/29/99 6/29/00 NUMBER UMBER (b)all other present or future written agreements with Lender which rarer different purposes than the foregoing); apsdlkegy to thIs Mertpapa(whether executed for the some or IQ any guaranty of obligations of other partial given to Lender now or hereafter executed which refers b this(d) future advances,whether obligatory or options,,to the some extent es II made eorlleo Of exerwed to or on behalf of Mon a er or porneously with Ihehsx�cuttllon of this Mortgage,made Mortgage shalt continue until a 0 0 Borrower. Mortgagor sons that It one of the-Obligations Is a line of credit the Ian unled by this Payment in lull of o debt due und the fine nmwlthslndi 'he'Act that from time to time(but balers termination of the line)no balance mnv br•n,,,.,..,,II^0, �no time shalt Differ Its OI IMs Mortgage. � Mortgage,exceed f_:_ _ and not Including Sums advanced to protect the security of this le)all amendments,extensions,renewals,modifications,replacements,or substitutions to any al the foregoing. As used in this Poragraph 1,the forme Mortgagor and Borrower She0lnduds Intl atw men n 2. REPRESENTATIONS,WARRANTIES AND COVENANTS #$hall tier r _ Y Mbrtpaga w Borrower 11 more then one. an claims su has lee is Moor mokeudte thtitlose to crills Propane end shall maintain w warrants and Property avellol la tll Lander they Interests,neumbranees and claims except for this Mortgage and rho se described in Schedue 8 which Is enriched to this's Of AD 1 and"Illoloraled heron lc reference, tb) Mortgagor egress to pay and perform i$a timely mane(;Ib) Mortgagor Is in compliance In all respects with ell meting to-Halt nor the state a whatata',as defined herein,and other onviromm�lal matters applicable federal.state and Wc&l laws and re ultlina,Including,without[titillation Ihoa government nor the stale where the Properly It located not any other povarnmental er quay govetnman m angle has riled a Iles th the a isders0 rear en there ray ten ernmrrch I nvoklal a adminisballve acylna with respect to endronmsnttl mitten newel Laws red oehher the edot knowledpa,ihroatsned,which Involve the Properly.'Ne11ha Mortgagor not to the Drunen peneratrd,rsleaasd,tllsdrarped,alerted,a dl,read of ny Hazardous Materials;In connection wllh N pro or to Urs best of Ilia MtNtgaga s Materials to or from the Propsny. Mortgagor shall not commit or Mbrtpager_ending, knowledge;any other Pauly has used, shalt mean any substance;material,or waste which Is or becomes regulated b r M of transported-Hit any Hazardous petroleum, (t1) Iriable or nonlriabta of (iii)potyelllwinmesrbrphe �actions to be taken In the lulus, its term-Hit MalsIItS' 'harardoua cuDsence' y nY those substannlatce suthorlly Including,but not limited to: Pursuant to Section J 11 a, the Clean Wateres,Act or erialdefect No>e subsancea,hOFI1Y ate a wastes of li mad as us amendments or replacements to these slatules; Pursuant to Socl(on 1004 of the Resource Consovalion and Recovery Act at ny amendments or replacements to that strt a or wastes defined aX At and T of the gig, Water to er any wastes defined as a'hafardous substance'pursuant alto Section 10,ca,the Co Ptah naive Environmental Response. Puesuanl to Secion Act.or any amendments Of replacements Io that statute ore (W)those Substances,materials or in effect. Mortgagor shall not lease or nlr other similar state or federal statute,rule,regulationResp a ertlloiow now and hoeaRer of the Property le laws and Maleriaps a loxkesub�s substease ances; Property to a lenanI w wblanlut whose operations may result In now h Mation Ifl ulalions regu aho All n9 Promulgated thereunder)and alit zoning and building lthout aw and repulauo^s rekUnp to Iha Pro municipal authorily with jurisdiction over the Property,presently are and than brkorts with Disabilities Act.y U.S.C. Of N tee sect, (sad all j ights,lic{nsea,parmils,rendand final certificates of occu an PaRY DY virtue of arty federal,stale or P cy Mduding but not limited to tonb Observed vidnat tp�idal exced with ptions Is,nonconforming uses, shall ere obtained,preection approval s ved and Whale nec�e Y at Permanent arty wskD ors materiel to the use red occu an P cy of the Property,prasanlly are and A. e.,t....E3 .. 1 r_ is6-2 �- 1 999 G_ t=t 3 - 1'D QUITCLAIM DEED Citizens Bank of Massachusetts,successor by merger to Quincy Savings Bank, with an address of 28 State Street, Boston, Massachusetts(hereinafter, the"Grantor") for consideration of One Hundred Fifty Thousand and 00/100 Dollars($150,000.00)paid hereby grants to: Kerry M. McNamara,as trustee of K. D. A. Realty Trust, u/d/t dated June 29, 1999 recorded with the Barnstable County Registry of Deeds herewith(hereinafter, the"Grantee") WITH QUITCLAIM COVENANTS, the land with the buildings thereon located at 278 Main Street,Town of Barnstable(Hyannis), Barnstable County,Massachusetts,as more particularly described as follows: Beginning at a point marked by a marble bound at the intersection of Main Street and the Old Barnstable Road,so-called; Thence running NORTHERLY by said Old Barnstable Road, there measuring 95.36 feet to a stake; Thence running NORTHWESTERLY to a stake two(2) feet from the northeast comer of the shed or barn as it now or formerly stood and in line with the North boundary of said lot; Thence running SOUTHWESTERLY to a stake and land now or formerly owned or leased by Walter D. Baker; Thence running SOUTHEASTERLY by land of said Baker, there measuring 110.00 feet to the North line of Main Street; Thence running EASTERLY by said Main Street, there measuring 34.95 feet to the point of beginning. Together with'a right of way in common with all other owners to pass and repass on foot or with vehicles over a street established or to be established on the North of the above-described property, the entrance to said road or street to be from the Old Barnstable Road,so-called. Subject to easements and restrictions of record. Excepting herefrom so much of such premises as was taken by the Town of Barnstable all as shown on a Plan of Land recorded with Barnstable County Registry of Deeds in Plan Book 77, Page 107. For Grantor's title, see Certificate of Entry dated May 25, 1994 and recorded in Barnstable County Registry of Deeds in Book 9290, Page 64. WITNESS the execution hereof under seal this L-5:fday of June 1999. CITIZENS BANK OF MASSACHUSETTS By: Its: Y�—c a ��e 54 COMMONWEALTH OF MASSACHUSETTS Suffolk,ss. June 1.5,1999 Before me appeared �u�� QJ`ec�.., Vtc� ILre,—J-e--kof Citizens Bank of Massachusetts and acknowledged the execution of the foregoing instrument to be his/her free act and deed and the free act and deed of said Citizens Bank of Massachusetts. 14 Public BUSAN GASPAR otary PuNte'MA532ChuSR#.t3 My commission expires"Y=M91ssron FMr=Apr: ,,;ca3 ,r Site Plan Review Meeting of October 28, 1999 Hearing Room,2ad Floor BarnAnNe Two Hall 367 Main Street,Hyannis Present: Ralph Grossed,Building Caoo�miasienyer,Steve Piscb, ftojed Engineer.Ad Wyk Pdncpd Planner,'[lamas McKean,Hoaft DiWsion Director, Also,in attendance were Dan OjabN Engineat,Ray Tdcca,Stevie Raleigh,Attorney Andrew Singer,Keay MacNamara.Rebwca Perry This meeting was=EW to ordw at 9:00 A.M.and adjomaed'at 11:50 AAL SPR 091A9 MacNamara,Karry,278 Maio St,By ma's PharnaW) (3274" The applicant soda to-renovate the Basting Wdiog to provide 6 s0kho.apartlnents nonthe secontd$nor and-a commercial tenant an tba fast ftoot:C'The tecognins that the limited zvailsh ty of packing may 9 eethi$petitiio>i: - W.MacNamara informed the committee that he is carrently owns and operates a amal� Vartinent compleocb&W,lhe Eggdtl Renton Main.Stein Ryi ibis. He;.' redounded the panel f ud Hyamis is in dire deed of affmdab—howiq& Mt.M=Nsau m hAmds to ra t-tet d¢vdopo ndally challenged tenant only;,Parking w+ouM not be an issue because this popnletinn does not drive. It is nooessery to provide affordable housing within walloag distance of the eeI bliabments that hire them. He noted that many are employed as dishwashers in the various restaurants on Main.Street- Mc MWNMMM eondneed to agnotmd,acknowledging that this property had been abandoned for almost 4 years. 1k was irnmediat*reminded that he may need to apply- for 20=9 relief pending the confirmmd=of the abandonmad date. The recoil space is not committed and again the applicant was cautiously reminded of the parlang dilemma. The Pend acpressed it desire to be supportive of a ro-use of this property while remaining fiank and candid abod'the obvious difficulties. Steve Piseh offered no eomry at this time. Tom McKean added that his concerns would primarily be with the compliance of all Board of Health re pWons not upder the jurisdiction of the Site Plan Review Ins• It was revealed that the average sine of each unit would be app ly 300 SF and would be occupied by a single radiant: After some discussion regarding the disposal of trask it was determined that the applicant was willing to Mtn a dedicated disposal area subjed to the approval of the fioasd of Health. --- -- The Building Camolmissiaoom ooumpo ,ntedthat this world be a very duneaft endeavor. He urged flue appliow t to investiptis the fire supper r dzemenfs. Conehsion: APPrgved with i as follows: Trash disposal medod m be gpp vwdby the Board bf Health &ddentlol tier aw r+mib*ftd to sliigle occupancy, affordable houft stadia oFTME�Ditti Zoning Board of Appeals o„ Town of Barnstable - Planning Department wWsTaBte, ; 230 South Street, Hyannis, MA 02601 v� 'i639. (508) 862-4685 Fax(508) 862-4725 CFO MA'S A February 18, 2000 To: John Klimm, Town Manager Royden Richardson, President Town Council Robert Smith, Town Attorney Laura Shufelt, Chairman Barnstable Housing Committee Thomas Lynch, Director Barnstable Housing Authority John J. Finnegan, Chief of Police Harold Brunelle, Fire Chief Thomas Mullen, Superintendent Department of Public Works Maureen McPhee, Tax Collector Robert Gatewood, Conservation Administrator Thomas McKean, Health Agent Ralph Crossen, Building Commissioner Margo Fenn, Executive Director Cape Cod Commission Robert Stahley, Chairman Barnstable Planning Board Richard:St. Onge, Chairman HMSWHDC Dr.Angela Castoria, Barnstable School Department Enclosed is a package of materials submitted by KDA Realty Trust, Kerry McNamara, Trustee to the Zoning Board of Appeals in accordance with MGL Chapter 40B, Affordable Housing. The applicant is requesting a Comprehensive Permit under the Federal Home Loan Bank of Boston's New England Fund (NEF)for the development of six affordable apartment units at 278 Main Street, Hyannis, MA. The - proposed development is further identified as Map-327,-Parcel 099. The Zoning Board of Appeals is designated as the single permitting agency and would like to know if you have any concerns and/or issues that need to be addressed and resolved prior to its decision on this application. The Board would appreciate any suggestions into possible conditions to impose in the permit should it be issued. Those conditions should be developed to assure that the proposed development is: • environmentally sound, • provides a safe and secure place to live, • has provision for adequate transportation, public and private utilities and emergency services, • is consistent with adopted local and regional plans and needs, and • is in the best interest of the Town and its residence. A Public Hearing on this permit will be held on March 15, 2000 in the Town Hall Hearing Room. Staff will be forwarding all comments received to the Board on March 8th. If you could provide your review prior to March 3rd, for inclusion, it would be appreciated. Should you need additional information, please contact the Planning Department, Zoning Board of Appeals Office, at 508-862-4685. Tha You, Emmett Glynn, Chair n Zoning Board of Appeals Lavoie Debbra From: Gatewood Rob To: Lavoie Debbra Subject: 40B Date: Tuesday, February 22, 2000 7:44AM Debbie, there's no ConCom jurisdiction at KDA Realty Trust 4013, so we won't be sending comments beyond this. Thanks. Page 1 Town of Barnstable werrsraaM COLLECTOR OF TAXES v MASS. g 367 MAIN STREET �10tE039. Hyannis MA 02601 Mail: P.O. Box 40 MAUREEN J.MC PHEE TEL: (508)862-4054 Collector of Taxes D t5 0 FAX# (508)775-3344 f; FEB 2 4 9 TOWN OF BARNSTABLE ZONING BOARD OF APP._ To: Emmett Glynn, Chairman Zoning Board of Appeals From: Maureen J. McPhee �r Town Collector a- RE: 278 Main Street, Hyannis proposal Date: February 24, 2000 I have reviewed the information forwarded to my office regarding the proposed development of affordable apartment units at 278 Main Street, Hyannis (map 327 parcel 099) by Kerry McNamara, Trustee. Checking the status of real estate taxes for the property, I find that the prior fiscal tax years are paid. However, fiscal 2000 real estate taxes are not paid as of this date for the December 1999 installment. The second payment will be due May 1, 2000. If this plan is to be approved, I would request that the real estate taxes be current as part of the approval. If there is any further information required from my office, please let me know. R327099 'r Telephone(508)771-7222 B arnstable Fax(508)778-9312� { A Leased Housing Dept.(508)771-7292 •�� Housing Authority 146 South Street•Hyannis,Mass.02601 February 2$, 2000 Emmett F. Glynn, Chairman R Zoning Board of Appeals FFJ 2 8 230 South Street Hyannis, MA 02601 TOWN OF BARNSTABLE Dear Chairman Glynn: 20NING BOARD OF APPEALS,_ The Barnstable Housing Authority wishes to be recorded in support of the Chapter 40 B application submitted by KDA Realty Trust, Kerry McNamara, Trustee. The BHA's support is based on the need for additional one bedroom/studio apartments in Barnstable. The BHA wait list numbers support the need for additional one bedroom and studio units. Currently the BHA has 467 applicants on our federal housing list and 376 applicants on our state wait lists. Accounting for some overlapping of applicants both lists,there are roughly 500 eligible candidates on our public housing lists. Using just the state wait list figures, of the 376 applicants, 360 are looking for single units and only,sixteen are seeking two bedroom units. These figures would support the need for affordable one bedroom/studio units. In the Site Plan Review Meeting minutes contained in the package of materials received by the BHA the applicant notes that he would be renting only to developmentally disabled adults. While the BHA supports the need for this population to have safe and affordable housing we believe the units should not be limited to one particular population.,A restriction to 80%of the median income would cover all low income individuals seeking housing. I would note that presently the BHA has twenty-three disabled individuals,with Section 8 Housing Vouchers, out looking for one bedroom units in Barnstable. I know the convenience of these Main Street units would appeal to these individuals, however, it would not be our position to exclude non disabled individuals from this housing resource. Thank you for your consideration of our comments and the BHA remains hopeful this applicant will be issued a Comprehensive Permit. Sincerely, Thomas K. Lynch Executive Director Equal Housing Opportunity Agency f �►• Town of Barnstable 0 ft Planning mw n n i n g Board �N e°ofNAM rRORNst 65 230 South Street, Hyannis, Massachusetts 02601 OFq � (508) 862-4787 Fax (508) 862-4725 March 9, 2000 Ch. Emmmett Glynn Barnstable Zoning Board of Appeals Re:Appeal Number 2000-23 , KDA Realty Trust, Kerry McNamara, Trustee. Chapter 40B-"Affordable Housing". application for six affordable studio apartments-all six will be affordable units. Assessor's Map 327, Parcel 099, 278 Main Street, Hyannis, MA Dear Chairman Glynn The Planning Board discussed the above referenced application to the Zoning Board of Appeals, at their meeting of February 29, 2000. Planning Board members were in favor of the proposal, with some concern expressed for the size of the proposed units and for number of occupants. Thank you for the referral and the opportunity to provide input. Sin Robert Stahley, Chairman U.S. DEPARTMENT OF HVD PAGE LO STATE MASSACHVSHtTS --- FEB.1999 H O M 8 P R 0 G R A M R 8 N T S ---- PROGRAM EFFICIENCY L-BEDROOM 2-92DROOM 3-BEDROOM 4-81EDROOM 5-REOROOM 6-BEDROOM MA Barnstable-Yarmouth, MA LOW HOME RENT LIMIT 423, 453 545 629 701 774 047 HIGH HOME RENT LIMIT 465 569 685 794 855 924 994 FOR INPORMATION ONLY- --.._._._. _-.. . . . _...__._.._ ..FAIR..HARKET.RENT... 469 623 . . 033.. -1040 1 i:y .. L3z9. .. LS14 50% RENT LIMIT 423; 453 545 629 701 774 847 65t RENT LIMIT 530 569 685 784 855 924 994 PMRA Boston, 64A-NH LOW HOME RENT LIMIT 548: 508 705 815 908 L003 L097 HIGH HOME RENT LIMIT 643 723 695 L025 L123 L222 L320 FOR INFORMATI021 ONLY: FAIR MARKET RENT 643; 723 906 1132 1329 L526 L727 ..-SO% RENT LIMIT .... ... . ._ , . 540 - 508... 705_.... ,,815.,..._ 900 1003.. ......._ .L097 65% RENT LIMIT 693 744 095 1025 1123 L222 L320 PMF,h Brockton, MA LOW HOME RENT LIMIT 430 522 626 724 807 $91 974 HIGH H014B RENT LIMIT 430 567 695 865 986 L076 L161 FOR INFORMATION ONLY: FAIR MARKET RENT 430, S67 69S 665 966 L133 1281 Sot RENT LIMIT 487 522 626 724 807 091 974 65t RnNT LIMIT 623 658 793 907 992 L076 L16L NSA : Fitchburg-Leominster, MA LOW HOME RENT LIMIT .337 473 570 659 735 813 887 HIGR ROME RENT LIMIT 337 473 614 790 858 972 L047 FOR INFORMATION ONLY: FAIR MARKET RENT 337. 473 614 790 858 986 L115 50% RENT LIMIT 443 475 570 659 735 812 887 65% RENT LIMIT 556 597 719 022 898 972 L047 PMSA Lawrence, MA-UH LOW HOME RENT LI14IT 466 542 65L 752 840 926 L013 HIGR H0.b8 RENT LIMIT 466 563 708 085 1033 L122 L21L FOR INFORMATION ONLY: FAIR MARKET RENT 466 563 708 665 1009 L252 L415 509 RENT LIMIT 506 542 651 752 840 926 L013 65t RENT LIMIT 636 685 $24 944 L033 LL22 L211 P14SA Lowell, MA-NH i LOW HOME RENT LIMIT 472 579 695 003 896 980 L081 HIGH HOME RSNT LIMIT 472 610 737 924 1033 L187 L299 FOR INF'ORMATI:ON ONLY: FAIR MARIO3T RENT 472 610 737 924 1033 L187 L342 50t RENT LIMIT 54I 579 695 603 696 989 LOSL 654 RENT LIMIT 662 733 88L 1010 1107 L203 L299 TOWN OF BARNSTABLE HOUSING COMMITTEE Index to Guidelines for Comprehensive Permit Developments Financed by The New England Fund of the Federal Home Loan Bank Page Summary 1 Contents of application 1 Developer qualifications 1 Consistency with local needs 2 Limitation of profit/allowable development costs 2 Allowable Land Cost 3 Financing terms 3 Owner occupancy 3 Eligible purchasers 4 Percentage of Affordable Units 4 Continuing affordability 5 Project Design 5 Design of affordable units 5 Location of affordable units 5 Condominium governance 5 Regulatory agreement 6 Enforcement 6 Monitoring 7 Fees 7 TOWN OF BARNSTABLE HOUSING COMMITTEE Guidelines for Comprehensive Permit Developments Financed by The New England Fund of the Federal Home Loan Bank Summary. This memorandum summarizes (1)the information required to enable the Town of Barnstable Housing Committee to consider an application for a Comprehensive Permit for a development to be funded by the New England Fund of the Federal Home Loan Bank of Boston and (2)the standards that will be used by the Committee in making a recommendation to the Zoning Board of Appeals. The Committee intends to make the review of Comprehensive Permit applications as expeditious and inexpensive as possible. At the same time, it is not possible for the Committee to write detailed guidelines that will cover the full range of developments that might be eligible for financing under the New England Fund. The Committee will look to guidelines under other affordable housing programs, including the Local Initiative Program (LIP) and the Home Ownership Opportunity Program(HOP), for guidance in cases where these Guidelines are not definitive. Those considering a development in Barnstable are urged to meet with the Committee informally before submitting a.formal application to review the proposed development. Contents of application. Applicants should use the suggested application form with attached development - budget, statement of sources and uses of funds and.pro forma operating statements.. The applicant will have obtained a "site approval letter" from a member Bank of the FHLB-of Boston documenting the following: The Bank has expressed a firm interest in financing the development. The developer is a public agency or non-profit or limited dividend organization. The developer has control of the site, as evidenced by a Purchase& Sales agreement or Deed. The Bank has visited the project site, reviewed the project plans and pro forma financial projections and has determined that the project meets the guidelines set forth in this memorandum and is financially feasible. If the comprehensive permit is approved, the Developer and the Bank will enter into a Regulatory Agreement with the Town and the Monitoring Agent substantially in the form attached as Appendix A. Developer qualifications. Credentials Experience 1 Consistency with local needs. The proposed development must be consistent with the Town's priorities for meeting the need for affordable housing in the Town, as identified in the Barnstable Comprehensive Plan and the action plan as approved by the Town Council. The local deficit in affordable housing is mainly a product of its seasonal real estate market. Much of the rental housing stock is available for rental at reasonable rents only during the off-season period, from Labor Day to Memorial Day. Summer rental costs are out of the reach of those year-round residents who are most in need of affordable housing. Developments that provide year-round rental housing or home ownership opportunities for those who are priced out of the market by seasonal housing costs will best serve local needs. Developments that contribute to the creation of seasonal, rather than year-round, housing will not be consistent with local needs. The Committee will pay special attention to the problems that may be created by the inclusion of affordable units in resort developments or developments that lend themselves to vacation use or second-home use or that will have a high seasonal rental value. The Committee will generally not endorse developments (1) in which the housing objectives of the owners of the market units and the affordable units may be very different, as, for example, a project in which many of the market units are likely to be used as vacation homes;or, (2) developments in which the affordable units will have a high seasonal rental value. Limitation of profit/allowable development costs. Condominium and home-ownership developments: Developer's profit for condominium and single-family home ownership developments will be limited to Twenty percent of total documented development cost, net of related-party transactions, developer's fee and overhead, and development consultant fees. Developer shall pay any profit in excess of the allowed amount to the Town for deposit in the Town's affordable housing fund When sales proceeds reach maximum profit limit, Developer shall deposit all sales proceeds into a restricted account for transfer to Town fund on final audit. Rental developments: Developer's profit in rental developments will be limited to Twenty percent (20%) of total documented development costs, net of related party transactions, developer's fee and overhead, and consultant fees. Developer shall pay any profit in excess of the allowed amount to the Town for deposit in the Town's affordable housing fund. Costs Certified by a Certified Public Accountant approved by the Town must be submitted to the Town prior to the issuance of an Occupancy.Permit. Profit limitation during operation of rental development will be limited to 20% of net operating income. Developer shall pay any profit in excess of the allowed amount to the _Town for deposit in the Towds affordable housing fund Audited financial statements must be submitted annually to the Monitoring Agent and Town. Construction budget and all scope change orders to be subject to Town's approval. The Town may disallow any ineligible or unreasonable costs. 2 Allowable Land Cost. Ownership Developments: Land cost for an ownership development is an allowable development cost at the greater of(a)the value of the Project Site before any zoning change or other relief granted by the comprehensive permit plus documented and reasonable carrying costs or(b) actual arms-length unconditional acquisition of the Project Site cost plus documented and reasonable carrying costs. Developer shall pay for appraisals by an appraiser or appraisers acceptable to the Town. If the Project Site is used for more than one use, or if the proposed development contemplates more than one use, the land value shall be separately allocated between{the Project Site and the portion of the land used for the other uses. Rental Developments: Under consideration Prior to the first construction loan drawdown, developer shall provide a full compilation and certification of total development costs (net of related-party expenses) and total revenues, on a GAAP basis prepared and certified by a.certified public accountant acceptable to the Town. Developer shall provide an AIA form certified by architect or engineer with each application for a progress payment, at completion of construction and when each unit is sold. Developer shall disclose any sales to or other transactions with related parties, and related-party transactions shall be included in compilation and certification to extent necessary to assure full disclosure and accounting for profit. Town may audit developer's financial records and records of related parties on a GAAS basis. Related Parties to include controlling entities, subsidiaries and commonly owned and commonly controlled entities. Control group to include family members. Loan advances will not exceed audited costs plus 20%, less retention. No collusion/no, kickback/no relationship statements are required from all vendors. Financing terms. Condominium and home-ownership developments: Purchase-money financing must be fixed rate with minimum term of thirty years. Interest rate, points and closing costs subject to Town's approval. Owner occupancy. To assure a stable community, suitable for affordable homeowners, investor ownership will not be permitted. Market units must be owner-occupied. No timeshare or short-term rental arrangements will be permitted. Developer will be given sufficient time to sell units, and will enter into long-term fall-time residential leases it unable to sell within prescribed window. An owner-occupant may rent for no longer than two years, if required for personal reasons, and approved by the Town. To facilitate subsequent sales of affordable units, condominiums must be FNMA approved. 3 r n A Eligible purchasers. Eligible purchaser must be: 1 ) a first-time homebuyer. A first-time homebuyer is defined as an individual who has not owned real property for a minimum of three years, as evidenced by Federal Income Tax Returns. First-time homebuyer is further defined as a spouse displaced due to divorce or documented domestic abuse. 2)the Barnstable Housing Authority or, 3) a non-profit corporation duly organized, with providing Affordable Housing a stated purpose in its Articles of Organization and Mission Statement. An eligible purchaser must qualify for purchase-money mortgage of at least 50% of purchase price. Maximum Income from all sources of the Purchaser or Purchasers and adult members of the Purchaser's family residing in the home or condominium(excluding income from part-time and vacation-period employment of full-time students) shall not exceed Eighty Percent of the median income for Barnstable County, adjusted for family size, as established by HUD. Income will be imputed to non-income producing or low yield securities as if invested in 30-year Treasury obligations. Net assets of the Purchaser or Purchasers and adult members of the Purchaser's family residing in the condominium to be based on LIP guidelines. Selection method to be based on LIP standards, using a lottery, with the following , exceptions: Five percent minority preference. For 2-bedroom units or smaller, no preference for families over single purchasers, or vice-versa. Seventy percent of the affordable units may be set aside for purchasers residing in.or employed in the Town and others with continuing connections with the Town, using LIP standards. Percentage of Affordable Units. In condominium or single-family homeownership developments in which the average value of the market units is no more than twice the selling price or rental of the affordable units, a minimum of Twenty-five percent of the units must be sold to Purchasers who meet the Eligibility standard. In condominium or single-family homeownership developments,in which the average value of the market units is three times the selling or rental price of the affordable units or more, a minimum of Fifty percent of the units must be sold to Purchasers whose incomes are proportionately distributed between 70% of median income and 150% of median income. For condominium or single-family homeownership developments in which the selling prices of the units are between two and three times the selling price, the percentage and range of affordable units will be adjusted proportionately. In lieu of the above standards, the Town may require a higher percentage of affordable units or a different mix of units, including a distribution of units from highest to lowest end of affordable range if more consistent with local needs. 4 F< Continuing affordability. The history of comprehensive permit developments that rely on conventional mortgage financing teaches that market risk falls as much on the Town as on the developer. Mortgage foreclosures-on individual units as well as on entire rental developments-- create a serious risk that affordable housing units will be lost. To forestall similar problems in the future, the Committee will look closely at the marketability of a proposed development and the proposed financial structure, including the debt/equity ratio, to assure that the market risk is minimal. Affordable units will be dedicated, by deed restriction, in perpetuity to affordable housing. All transfers, including by testate or intestate succession, must be at discounted price to eligible purchaser, except that on death of owner property may be transferred to heir who would qualify as eligible purchaser. Deed restrictions must survive foreclosure and bankruptcy. Form of deed restriction to be based on LIP documents, with tightened notice and enforcement provisions. Form of deed rider to follow. Project Design. • The project design shall meet all requirements of applicable life-safety codes and of all applicable Regional, State and Federal codes; including the Americans with Disabilities Act. Design of affordable units. The design, mechanical and electrical systems and layout of affordable condominium units shall meet the following minimum requirements: Consistent with market units, but Town can approve or require variations if more consistent with local needs. Minimum size of units and appliances, finishes, closets, storage and other features to be based on LIP standards. No external differences between affordable and market units. Location of affordable units. The affordable units shall be distributed throughout the development, but the Town can approve or require variations if more consistent with local needs. Condominium governance. Initial common charges for the affordable units shall be based on Basic Common Costs, which will include only those items of cost typical to 100% affordable developments. Town to review budget for initial Basic Common Costs and may disapprove ineligible items or unreasonable amounts. The common charges shall be allocated to the affordable units on the basis of sales prices, and among the affordable units on the basis of unit square footage. 5 _s •r Increases in common charges to affordable units will be limited to documented increases in Basic Common Costs, approved by the Town. ' Owners of affordable units will have full access to all services and amenities provided to owners of market units, without discrimination. Any fees charged for the use of community amenities, such as meeting rooms and recreation facilities,`other than nominal fees, shall be reduced for owners of affordable units by the same proportion that their common charges are less than common charges for market units. Financial statements of condominium association and managing agent to be kept on GAAP basis and subject to annual audit by Monitoring agent on GAAS basis. Condominium association and managing agent to disclose transactions with related parties. Town may disallow charges to affordable units of costs that are unreasonable. Regulatory agreement. Parties to the Regulatory Agreement will be the Town, the Developer, the lending bank or banks and the Barnstable Housing Authority as Monitoring Agent. Will require developer to comply with requirements of comprehensive permit, build in accordance with drawings and specifications, sell or rent in accordance with marketing plan and comply with record-keeping and audit requirements. Comprehensive permit will not be effective until development agreement is signed and recorded. Lending Bank will monitor construction, using architect, engineer or qualified construction professional acceptable to Town, for compliance with drawings and specifications. Clerk of the Works to certify prior to construction advances that the scope has not changed, or has been approved by Town and Bank. Non-scope changes in excess of budgeted contingencies to be subject to Town's approval. Construction monitor to issue certificate of completion under professional seal, with copies to all parties to Regulatory Agreement. Lending bank will limit advances to lesser of percentage of completion or costs certified by CPA plus 20%. Retention to be at least 10%. Final drawdown to be made no sooner than Thirty days after delivery of certificate of completion to all parties. Monitoring agent will monitor sales and rental programs. Enforcement. Breach of Regulatory Agreement, if not cured, will invalidate comprehensive permit. Town to have express rights to enforce Regulatory Agreement by breach of contract action or injunctive relief.j Regulatory agreement and loan documents to provide that breach of regulatory agreement will be an event of default under loan documents, and bank will take remedial action if requested to do so by Town. Affordability covenants to survive foreclosure and to be conditions of comprehensive permit and to run with land so as to survive bankruptcy. 6 e, Monitoring. Monitoring agent is the Barnstable Housing Authority. BHA will monitor rentals directly. BHA may subcontract to for ownership units. Form of monitoring agreement to follow. Fees. Rental: Annual fee $25 per unit plus actual cost of annual audit. Ownership: 3% of selling price of affordable unit, paid at closing, plus cost of audit. END. 7 TOWN OF BARNSTABLE HOUSING COMMITTEE4) Comprehensive Permit Development Documentation,Index to REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS Page Parties, Whereas/Therefore: 1 Project Scope and design 1 Resale Restrictions 2 Deed Rider 2 Resale to Other than Eligible Purchaser 3 Purchase by Municipality 3 Affordability 3 Subsidized Housing Inventory 4 Developer's Covenants and Responsibilities 4 Sale of Units 5 Eminent Domain of Destruction of Premises 5 Compliance 5 Limited Dividend Organizational Criteria 5 Municipal Covenants and Responsibilities 6 Monitoring agent Covenants and Responsibilities 7 Monitoring Agent 7 Agreement Recording Agreement 7 ' Governing of Agreement 7 Notice 7 Hold Harmless 7 Entire Understanding g Term of Agreement g Successors and Assigns g Default g Mortgagee Consent 9 Witness/ Signatures 9 END PROJECT AFFORDABLE HOMEOWNERSHIP DEED RIDER (MODEL) (annexed to and made part of that certain deed (the "Deed") from ("Grantor") to ("Grantee") dated , 2000.) WITNESSETH WHEREAS, it is a purpose of the , a duly organized and existing non-profit organization, to develop and preserve affordable housing for homeownership purposes; WHEREAS, the area known as in the Town of Barnstable is zoned Residential Affordable Housing (RAH) to provide greater flexibility in developing affordable housing in the area; (RAH District only) WHEREAS, the Town of Barnstable has determined,that the rights and restrictions granted herein to the Municipality serve the public's interest in the creation and retention of affordable housing for persons and families of low and moderate income and in the restricting of the resale price of property in order to assure its affordability by future low and moderate income purchasers; WHEREAS, eligible purchasers such as the Grantee are given the opportunity to purchase certain property at a discount of the property's appraised fair market value if the purchaser agrees to convey the property on resale to the Municipality or its delegate or to an eligible home purchaser located by the Municipality or its delegate for an amount equal to the appraised fair market value of the property at the time of resale, as determined by the Municipality or its delegate, multiplied by the applicable Discount •Rate. as•hereinafterdefined "Maximum Resale..Price" WHEREAS, a Discount Rate equal to 30% of the appraised fair market value of the Property the "Discount Rate" asdetermined D b the Municipality or its agent is p Y ( ) Y p Y 9 herebyassigned to the Property, and such Discount Rate shall be used in determining 9 the Maximum Resale Price of the Property; NOW THEREFORE, as further consideration from the Grantee to the Grantor and the Municipality or its delegate for the conveyance of the Property at a discount, the Grantee, his heirs, successors and assigns, hereby agrees that the Property shall be subject to the following rights and restrictions which are hereby imposed for the benefit of, and, shall be enforceable by, the Grantor's assignees and designees, and the Municipality, acting by and through its Chief Elected Official. Right of First Refusal: When the Grantee or any successor in title to the Grantee shall desire to sell, dispose of or otherwise convey the Property, or any portion thereof, the Grantee shall notify the Municipality in writing of the Grantee's intention to so convey the Property ("Notice"). The Notice shall contain an appraisal of the fair market value of the Property acceptable to the Municipality prepared by a real estate appraiser acceptable to the Municipality and qualified to appraise property for secondary mortgage markets and recognized as utilizing acceptable professional appraisal standards in Massachusetts. Within thirty (30) days of the giving of the Notice by t Grantee, the Municipality shall notify the Grantee in writing as to whether the Municipality is proceeding to locate an eligible purchaser of the Property and/or the Municipality shall exercise its right of first refusal to purchase the Property (the Municipality's Notice). The Municipality's Notice will also set forth the Maximum Resale Price. For the purpose of this Deed Rider, an "eligible purchaser" shall mean a purchaser who satisfies the criteria set forth in the Local Initiative Program (LIP) guidelines in effect at the time the Municipality locates such purchaser, and who, if located by the Municipality, is ready and willing to purchase the Property within one hundred and twenty (120) days after the Grantee gives the Notice. In the event that the Municipality's Notice states that the Municipality does not intend to proceed to locate an eligible purchaser and that the Municipality does not intend to exercise its right of first refusal to purchase the property, or the Municipality fails to give the Municipality's Notice within the time period specified above, the Municipality must, within thirty (30) days, notify at least five (5) non-profit organizations which may have an interest in purchasing the Property, of the availability of the Property. If within another thirty(30) days, there is no non-profit willing to purchase the Property, the Grantee shall have the right to sell to any person regardless of his/her income and at any price, free of any.future Resale Restrictions, provided that the difference between the-actual sales price and the Maximum Resale Price (the "Windfall Amount") shall be paid by the Grantee to the Municipality. The Municipality shall deposit all such Windfall Amounts in the Municipality's Affordable Housing Trust Fund. In the event that the Municipality purchases the Property pursuant to its right to do so contained herein, the Municipality shall within six (6) months of the date of registering the Deed either(1) sell the Property to an eligible purchaser at the same price for which it purchased the Property plus any expenses incurred by the Municipality during this period of ownership, subject to a Deed Rider satisfactory in-form and substance to the Municipality and the recording of an Eligible Purchaser Certificate satisfactory in form and substance to the Municipality, or(ii) rent the Property to a person who meets the income guidelines of LIP. If after purchasing the Property the Municipality fails to sell or rent the Property within the six (6) month period described above, or if at any time after the initial rental of the Property by the Municipality as provided herein the Property becomes vacant and remains vacant for more than ninety (90) days, the Property shall be transferred to the Barnstable Housing Authority for inclusion in their rental housing program. If an eligible purchaser is selected to purchase the Property, or if the Municipality or a non-profit organization elects to purchase the Property, the Property shall be conveyed by the Grantee to such eligible purchaser or to the Municipality or to a non-profit organization as the case may be, by a good and sufficient quitclaim deed conveying a good and clear record and marketable title to the Property free from all encumbrances except (1) such taxes for the then current year as are not due and f payable on the date of the delivery of the deed, (ii) any lien for municipal betterments assessed after the date of the Notice, (iii) provisions of local building and zoning laws, (iv) all easements, restrictions, covenants and agreements of record specified in the Deed from Grantor to Grantee, (v) a Regulatory Agreement among the Municipality and Grantor. dated , (vi) such additional r easements, restrictions, covenants and agreements of record as the Municipality consent to, such consent not to be unreasonable withheld or delayed, and (vii) in the event that the Property is conveyed to an eligible purchaser, a Deed Rider satisfactory in form and substance to the Municipality which the Grantee hereby agrees to annex to said deed. Said deed shall be delivered and the purchase price paid (the "Closing") at the Registry of Deed in the County of Barnstable, or at the option of the'eligible purchaser, exercised by written notice to the Grantee at least five (5) days prior to the delivery of the deed, at such other place as the eligible purchaser may designate in said notice. To enable Grantee to make conveyance as herein provided, Grantee may if he so desires at the time of delivery of deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or interests; all instruments so procured to be recorded simultaneously with the delivery of said deed. Water and sewer use charges and taxes for the then current tax period shall be apportioned and fuel value shall be adjusted as of the'date of the Closing and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the eligible purchaser or by the Municipality or the non-profit organization. Full possession of the Property free from all occupants is to be delivered--at he time of the Closing, the Property to be then in the same condition as it is in on the date hereof, reasonable wear and tear only excepted. If the Grantee shall be unable to give title or to make conveyance as above stipulated, or if any change of conditions in the Property not included in the above --- exception shall occur, then.Grantee shall be given a..reasonable.time-not to.exceed thirty (30) days after the date on which the Closing was to have occurred in which to remove any defect in title or to restore the Property to the condition hereby provided for. The Grantee shall use best efforts to remove any such defects in title whether voluntary or involuntary and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The Closing shall occur fifteen (15) days after notice by Grantee that such defect has been cured or that the Property has been so restored.. The eligible purchaser(or the Municipality or the non-profit organization) shall have the election, at either the original or any extended time for performance, to accept such title as the Grantee can deliver to the Property in its then condition and to pay therefore the purchase price without deduction, in which case the Grantee shall convey such title, except that in the event of such conveyance in accordance with the provisions of this clause, if the Property shall have been damaged by fire or casually insured against or if a portion of the Property shall have been taken by a public authority, then the Grantee shall, unless the Grantee has previously restored the Property to its former condition, either: (a) pay over or assign to he eligible purchaser or the Municipality or the non-profit organization as the case may be, on delivery of the deed, all amounts recovered or recoverable on account of such insurance or condemnation award, less any amounts reasonably expended by the Grantee for any partial restoration,.or ._j (b) if a holder of a mortgage on the Property shall not permit the insurance proceeds of the condemnation award or a part thereof to be used to restore the Property to its former condition or to be paid over or assigned, give the eligible purchaser or to the Municipality or to the non-profit organization, a credit against the purchase price, on delivery of the deed, equal to said amounts so retained by the holder of the said mortgage less any amounts reasonably expended by the Grantee for any partial restoration. Resale and Transfer Restrictions: Except as otherwise stated herein, the Property or any interest therein shall not at any time be sold by the Grantee, the Grantee's successors and assigns, and no attempted sale shall be valid, unless the aggregate value of all considerations and payments of every kind given or paid by the eligible purchaser or the Municipality or the non-profit organization as the case may be, to the then owner of the Property for and in connection with the transfer of such Property, is equal to or less than the Maximum Resale Price for the Property and (i) if the Property is conveyed to an eligible purchaser, unless a certificate (the Eligible Purchaser's Certificate") is obtained and recorded, signed and acknowledged by the Municipality acting by and through its Chief Elected Official which Eligible Purchaser Certificate refers to the Property, the Grantee, the eligible purchaser thereof, and states that the proposed conveyance, sale, or transfer of the Property to the eligible purchaser is in compliance with the rights, restrictions, covenants and agreements contained in this Deed Rider, and unless there is also recorded a new Deed Rider.the Eligible Purchaser Certificate certifies is satisfactory in form and substance to the Municipality; (ii) if the Property is conveyed to the Municipality unless a Certificate (the "Municipal Purchaser Certificate") is obtained and recorded, signed and acknowledged by the Municipality, acting by and through its Chief Elected Official, which Municipal Purchaser-Certificate refers to the-Property, the-Grantee;-the Municipality, and the - - Maximum Resale Price for the Property and states that the proposed conveyance, sale, or transfer of the Property to the Municipality is in compliance with the rights, restrictions, covenants, and agreements contained in this Deed Rider; (iii) if the Property is conveyed to anon-profit organization unless a Certificate (the "Non-profit Organization Purchaser Certificate") is obtained and recorded, signed and acknowledged by the Municipality, acting by and through its Chief Elected Official, which Non-profit Organization Purchaser Certificate refers to the Property, the Grantee, the Municipality, and the Maximum Resale Price for the Property and states that the proposed conveyance, sale, or transfer of the Property to the Municipality is in compliance with the rights, restrictions, covenants, and agreements contained in this Deed Rider; TOWN OF BARNSTABLE HOUSING COMMITTEE Comprehensive Permit Development Documentation, Index to PROJECT AFFORDABLE HOME OWNERSHIP DEED RIDER Page Grantor/Grantee : 1 Whereas/Now Therefore 1 Right of First Refusal 1 Municipal Option 2 Municipal Notice not to purchase 2 Municipal decision to purchase 2 Transfer to Barnstable Housing Authority 2 Transfer to eligible purchaser 2 New Deed and Deed Rider 3 Resale and Transfer Restrictions 4 END s, REGULATORY AGREEMENTAND DECLARATION OF RESTRICTIVE COVENANTS (MODEL) THIS REGULATORY AGREEMENT and DECLARATION OF RESTRICTIVE COVENANTS, is made this day of , 2000, by and between of of MA, and its successors and assigns(hereinafter the "Developer") , of , MA (the "Bank"), and the TOWN OF (the"Municipality"). WHEREAS the Developer intends to construct a housing development known as at , more particularly described in Exhibit A attached hereto and made a part hereof(the"Project"); and WHEREAS the Developer has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B and local regulations by the Zoning Board of Appeals to construct of which will be sold to Low and Moderate Income Families; and WHEREAS pursuant to the requirements of the Comprehensive Permit the Developer has obtained construction financing from the Bank through the Federal Home Loan Bank of Boston's New England Fund ("NEF") and has met the requirements of both the NEF and the Town of Barnstable's Guidelines for Developments financed by NEF (the "Guidelines"). NOW THEREFORE; in mutual consideration of the agreements and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: PROJECT SCOPE AND DESIGN The Project presently known as located in will consist of of which will be sold to eligible low and moderate income home buyers (the"Affordable Units" or the"Units"). The Developer agrees to construct the Project in accordance with Plans and Specification approved by the Municipality and the Bank. In addition, each Affordable Unit to be constructed as part of the Project must be indistinguishable from the market-rate units in the Project from the exterior, and must contain complete living facilities including but not limited to a stove, kitchen cabinets, plumbing fixtures, and washer/dryer hook-up, to be fully shown in the Plans and Specifications. Each Affordable Unit will contain either two bedrooms with a minimum area of 850 square feet or three or more bedrooms with a minimum area of 1200 square feet (four bedroom units must have a minimum area of 1400 square feet) 1 i The Project must full comply with the State Building Code and with all applicable stat le J Y P Y g PP and federal building, environmental, health, safety and other laws, rules, and regulations, including without limitation all applicable federal and state laws, rules and regulations relating to the operation of adaptable and accessible housing for the handicapped. Except to the extent that the Project is exempted from such compliance by the Comprehensive Permit, the Project must also comply with all applicable local codes, ordinances, and by-laws. Each Affordable Unit must be affordable to and sold to households with a maximum income of 80% of Area Median Income (as defined by HUD), in accordance with the Comprehensive Permit and the Guidelines, to an Eligible Purchaser. An Eligible Purchaser is a purchaser who satisfies the criteria set forth in the Guidelines, as they now exist and may be amended the future. Upon issuance of a building permit for the Project, the Project will be submitted to the Massachusetts Department of Housing and Community Development (DHCD)for inclusion in the Subsidized Housing Inventory as that term is described in 760 CMR 31.04 M. RESALE RESTRICTIONS: DEED RIDER The Deed Rider and any affordability criteria in this Agreement are covenants which run with the land in perpetuity. At the time of sale of each Affordable Unit, and as a condition of the sale, the Developer and the Unit Purchaser shall execute a Deed Rider in the form of Exhibit C attached hereto and made a part of this Agreement. This Deed Rider shall be made a part of the deed from the Developer to the Unit Purchaser. The Deed Rider shall require that at the time of the initial resale, and at all subsequent resales, a similar Deed Rider satisfactory in form and substance to the Municipality be executed and attached and made part of the deed from the Unit Purchaser to the Eligible Purchaser, so that the affordability of the Unit will be preserved in perpetuity The Deed Rider shall require the Unit owner at the time he/she desires to sell the Affordable Unit to notify the Municipality whereupon the Municipality, or its designate, will determine the Discounted Purchase Price by applying the Discount Rate, as defined below(under_Affordability), to a current appraisal of the Affordable Unit Each Deed Rider shall also require the Unit Purchaser at the time he/she desires to sell the Unit to offer it to the Municipality at the Discounted Purchase Price. The Municipality or its delegate shall have the option, upon terms more particularly described in the Deed Rider, to either purchase the Affordable Unit or to find an Eligible Purchaser. 2 RESALE TO OTHER THAN ELIGIBLE PURCHASER If upon the initial resale or any subsequent resale of an Affordable Unit the Municipality or its delegate are unable within one hundred twenty(120) days to find an Eligible Purchaser for the Unit and the Municipality elects not to exercise its right to purchase, the Municipality or its delegate must within thirty(30) days notify at least five(5) non-profits which may have an interest in purchasing the property, of the availability of the Unit. If within an additional thirty(30) days there is no non-profit willing to purchase the Unit, the Unit Owner shall then have the right to sell to any person regardless of his/her income and at any price, free of any future Resale Restriction, provided that the difference between the actual resale price and the Discounted Purchase Price for which the Municipality or an Eligible Purchaser could have purchased the Unit(the"Windfall Amount") shall be paid by the seller to the Municipality. The Municipality shall deposit all such Windfall Amounts from the sale of Affordable Units in the Municipality's Low and Moderate Income Housing Fund (as the term is hereinafter defined). PURCHASE BY MUNICIPALITY In the event that the Municipality purchases an Affordable Unit pursuant to its right to do so contained in the Deed Rider then the Municipality shall within six(6) months of the date of registering the deed either(i) sell the Unit to an Eligible Purchaser at the same price for which it purchased the Unit plus any expenses incurred by the Municipality during this period of ownership, subject to a Deed Rider satisfactory in form and substance to the Municipality and the recording of an Eligible Purchaser Certificate satisfactory in form and substance to the Municipality the method for selecting such Eligible Purchaser to be approved by the Monitoring Agent, or(ii) rent the Affordable Unit to a person who meets the income guidelines of the Local'Initiative Pro '...gram(LIP); upon terms and conditions satisfactory to the Monitoring Agent and otherwise in conformity with the requirements of the Guidelines. If after purchasing the Affordable Unit the Municipality fails to sell or rent the Unit within the six (6) month period described above, or if at any time after the initial rental of the Affordable Unit by the Municipality as provided herein the Affordable Unit becomes vacant and remains vacant for more than ninety(90) days, the Unit shall be transferred to the Barnstable Housing Authority for inclusion in their rental housing program. AFFORDABILITY In accordance with the Deed Rider (Exhibit C), the Units must be sold to an Eligible Purchaser as defined by the Guidelines as the Guidelines now exist and may be amended in the future. The maximum sales price for an Affordable Unit at subsequent resales will be determined by applying a Discount Rate, established at the initial sale, to the Unit's appraised value at the time of resale. This Discount Rate will be determined by the Municipality and will be 3 applied to all subsequent resales. The Discount Rate is the percentage of the Unit's fair market value for which the Unit was actually sold. Fair market value for the purposes calculating the Discount Rate will be determined by the Bank prior to the initial sale. Th fair market value of the Affordable Unit at the time of resale will be determined by an appraisal performed by a licensed appraiser retained by the Seller. SUBSIDIZED HOUSING INVENTORY Each Unit will remain a Subsidized Housing Unit and continue to be included in the Subsidized Housing Inventory for as long as the following three conditions are met: This Agreement remains in full force and effect and neither the Municipality nor the Developer are in default hereunder; the Project and the Unit each continue to comply with A this Agreement, and with the Guidelines as the same may be amended from time to time; and either (i) a Deed Rider binding the then current owner of the Unit to comply with the Resale Restrictions is in full force and effect and the then current owner of the Unit is either in compliance with the terms of the Deed Rider, or the.Municipality or its delegate is in the process of taking such steps as may be required to enforce the then current owner's compliance with the terms of the Deed Rider, or (ii)the Unit is owned by the Municipality and the Municipality is in compliance with the terms and conditions of this section. DEVELOPER'S COVENANTS AND RESPONSIBILITIES: THE DEVELOPER HEREBY REPRESENTS, COVENANTS AND WARRANTS AS FOLLOWS: The Developer is a limited dividend organization meeting the criteria set out in Section (?above), duly organized under the laws of the Commonwealth of Massachusetts, and is qualified to transact business under the laws of this State, has the power and authority to own its properties and assets and to carry on its business as now being conducted, and has the full legal right, power and authority to execute and deliver this Agreement The execution and performance of this Agreement by the Developer will not violate or, as applicable, has not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note, or other instrument to which the Developer is a party or by which it or the Project is bound, will not result in the creation or imposition of any prohibited encumbrance of any nature. The Developer will, at the time of execution and delivery of this Agreement, have good and marketable title to the premises constituting the Project free and clear of any lien or encumbrance(subject to encumbrance created pursuant to this Agreement, any loan relating to the Project the terms of which are approved by the Municipality, or other permitted encumbrances, including mortgages referred in paragraph , below). 4 r i t There is no action, suit or proceeding at law or in equity or by or before any governments instrumentality or other agency now pending, or, to the knowledge of the Developer, threatened against or affecting it, or any of its properties or rights, which, if adversely determined, would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. SALE OF UNITS Except for sales of Units to home buyers as permitted by the terms of this Agreement, Developer will not sell, transfer, lease, exchange, mortgage, or otherwise encumber the Project without the prior written consent of the Municipality. EMINENT DOMAIN OR DESTRUCTION OF PREMISES Until such time as decisions regarding repair of damage due to fire or other casualty, or restoration after taking by eminent domain, shall be made by home buyers or the Municipality should ownership be in that entity, the Developer agrees that if the Project, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use, the Developer will use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation, and thereafter to operate the Project in accordance with the terms of this Agreement, subject to the approval of the Project's lenders, which lenders have been approved by the Municipality. COMPLIANCE The Developer agrees to comply and to cause the Project to comply with all requirements of the Regulations and Guidelines and all other applicable laws;rules, regulations, and executive orders. The Municipality, i i p y, or is designee shall have access during normal business hours to all books and records of the Developer and the Project in order to monitor the Developer's compliance with the terms of this Agreement and with the Comprehensive Permit Developer hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. LIMITED DIVIDEND ORGANIZATION CRITERIA The Developer agrees that Project development costs will be approved by the Municipality and Barnstable Housing Authority in its role as Monitor which approval shall not unreasonably be denied. The Developer further agrees that the aggregate profit from the Project net of related party expenses, including developer's fees, shall not exceed twenty 5 percent (20%) of total development costs of the Project (the"Allowable Profit"). All profits from the Project in excess of the Allowable Profit (the"Excess Profit") shall be paid by the Developer to the Municipality to be deposited into the Municipality's LoICAY Moderate Income Housing Fund. NIF Upon issuance of final Certificates of Occupancy for all of the units, the Developer shall deliver to the Municipality and the Barnstable Housing Authority, in its role as Monitoring Agent, an itemized statement of total development costs together with a statement of gross income from the Project received by the Developer to date, in a form satisfactory to the Municipality(the"Certified Cost and Income Statement") If all units at the Project have not been sold as of the date the Certified Cost and Income Statement is delivered to the Municipality, the Developer shall at least once every ninety (90) days thereafter until such time as all of the units are sold, deliver to the Municipality an updated Certified Cost and Income Statement. For as long as the Developer complies with the requirements of this Section, the Developer shall be deemed to be a Limited Dividend Organization within the meaning of the Act MUNICIPALITY COVENANTS AND RESPONSIBILITIES: The Municipality agrees that all amounts constituting Excess Profit, Windfall Amount, or any amount paid to the Municipality by the Developer or the Unit Seller pursuant to the provisions of this Agreement shall be deposited in the Municipality's Affordable Housing Fund. This Affordable Housing Fund shall be an interest-bearing account used from time to time by the Municipality with approval of the Local Housing Partnership, for the purpose of reducing the cost of the Project's Affordable Units for Eligible Purchasers, and for the purposes of encouraging, creating, or subsidizing the construction or rehabilitation of housing for Low to Moderate Income individuals and families elsewhere in the Municipality. The Municipality, and any delegate to which the Municipality might assign its rights and duties under this Agreement, agrees that it will use such means as provided in this Agreement and the attached Deed Rider to maintain the affordability of the Units, by means of exercising the right of first refusal, or by notifying, by means more fully described above, other non-profits of the availability of a Low to Moderate Income Unit. The Municipality further agrees that it or its delegate will continue to monitor the Units r annually to ascertain the status of the Unit's tenancy and compliance with all of the provisions of the Deed Restriction, and to offer to the Unit owner a referral for financial counseling or other such intervention when deemed appropriate. 6 MONITORING AGENT COVENANTS AND RESPONSIBILITIES: MONITORING AGENT The Barnstable Housing Authority agrees to perform the duties of Monitoring Agent and to adhere to the responsibilities as defined in the Monitoring and Marketing Agreement entered between the Barnstable Housing Authority and the Developer. (Attached and made part of this Agreement) Within days after delivery by Developer to BHA of the Certified Cost and Income Statement(see_above), BHA will submit to the Municipality its figures and analysis based upon the Statement (in a form agreed to by the Municipality...) STATUS OF AGREEMENT: RECORDING OF AGREEMENT Upon execution, the Developer shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or, if the Project consists in whole or in part of registered land, file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the"Registry of Deeds"), and the Developer shall pay all fees and charges incurred in connection therewith. Upon recording or filling, as applicable, the Developer shall immediately transmit to the Clearinghouse and the Municipality evidence of such recording or filing including the date and instrument, book and page or registration number of the Agreement GOVERNING OF AGREEMENT This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part or provision of this Agreement shall not affect the validity of the remaining portions hereof. NOTICE All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate by written notice HOLD HARMLESS The Developer hereby agrees to indemnify and hold harmless Municipality and/or its delegate from any and all actions or inactions by the Developer, its agents, servants or 7 , s employees which result in claims made against Municipality and/or its delegate, includi but not limited to awards,judgments, out-of-pocket expenses and attorney's fees necessitated by such actions. ENTIRE UNDERSTANDING This Agreement and its constituent exhibits A-?, hereby made part of the Agreement, shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing, executed by the parties, and appended to this document. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be an affordable housing restriction as that term id defined in MGLC 184, Section 31 and as that term is used in MGLC 184, Section 26, 31, 32, and 33. This Agreement is made for the benefit of DHCD, and DHCD shall be deemed to be the holder of the affordable housing restriction created by this Agreement. DHCD has determined that the acquiring of such affordable housing restriction is in the public interest. TERM OF AGREEMENT The term of this Agreement shall be perpetual. SUCCESSORS AND ASSIGNS The Parties to this Agreement intend declare, and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the,attached Monitoring and Marketing Agreement. The Developer intends, declares, and covenants on behalf of itself and its successors and assigns (i)that this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land, encumbering the Project for the term of this Agreement, and are binding upon the Developer's successors in title, (ii) are not merely personal covenants of the Developer, and (iii) shall bind the Developer, its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. DEFAULT If any default, violation or breach by the Developer of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty(30) days after notice to the Developer thereof, then the Monitoring Agent may send notification to the Municipality that the Developer is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Developer will pay all costs and expenses, including legal fees, incurred by the Monitoring Agent in enforcing this Agreement and the Developer hereby agrees that the Municipality and the Monitoring Agent will have a lien on the Project to secure payment of such costs and expenses. The Monitoring Agent may 8 perfect such a lien on the Project by recording a certificate setting forth the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof 1 be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. MORTGAGEE CONSENT The Developer represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and thavall such mortgagees have executed a consent to this Agreement. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of 22000. TOWN OF BARNSTABLE BY: THE DEVELOPER BY: 9 4,,. 3 CF 1MEBMA fp�� • r` lei ' '�li ---- — - 4'`reo �,0 FILE COPY ONLY! Town of Barnstable NOT RECORDED AT Zoning Board of Appeals REGISTRY OF DEEDS Notice -Withdrawn Without Prejudice Appeal Number 1999-152 -McNamara Variance to Section 3-3.1(1)(1) Principal Permitted Uses - Multi-Family Dwellings Summary: Withdrawn Without Prejudice Petitioner: Kerry McNamara Property Address: 278 Main Street, Hyannis Assessor's Map/Parcel: Map 327, Parcel 099 Area: 0.13 acre Zoning: B Business Zoning District Groundwater Overlay: AP Aquifer Protection District Background: The property that is the subject of this appeal consists of a 0.13 acre lot on the northwest corner of Center and Main Streets in Hyannis. It is presently improved with a two-story commercial building listed as a store/shop on the assessor's field card. The existing building was previously the site of a pharmacy and 7 apartment units but has been vacant for approximately 4 years, according to the application. The property is located in a B Business Zoning District and is serviced by public water and sewer. The applicant is proposing to remodel the interior of the building for 6 studio apartments on the second floor and a commercial tenant on the first floor. Apartments and office/retail uses are permitted as-of-right in the B District. However, multi-family apartments are subject to the provisions of Section 3-2.1(1)(J)(a) through (h) of the Zoning Ordinance. Due to the existing conditions on this site, the proposed apartments do not meet these requirements. Also, there is no on-site parking available for the proposed uses of this building. In Appeal No. 1999-152 the applicant has applied fora Variance to Section 3-3.1(1)(1) Principal Permitted Uses- Multi-Family Dwellings to permit 6 studio apartments that do not meet the requirements for multi- family dwellings as outlined in Section 3-2.1(1)(J)(a) through (h) of the Zoning Ordinance. Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on October 29, 1999. A 60 day extension of time for holding the hearing and for filing of the decision was executed between the applicant and the Board Chairman. A public hearing before the Zoning Board of Appeals was duly advertised and notices sent to all abutters in accordance with MGL Chapter 40A. This appeal was heard concurrent with Appeal No. 1999-153. The hearing was opened December 15, 1999, continued to January, 16 2000, and to February 16, 2000, at which time the applicant requested and the Board allowed the appeal to be with Withdrawn Without Prejudice. Hearing Summary: Board Members hearing this appeal were Gail Nightingale, Ron Jansson, Gene Burman, Tom DeRiemer, and Chairman Emmett Glynn. Alternate Board Member Ralph Copeland is present and will hear the testimony and can replace any Board Member if necessary. Kerry McNamara represented himself before the Board. i Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-152-McNamara Variance to Section 3-3.1(1)(1)Principal Permitted Uses-Multi-Family Dwellings Mr. McNamara submitted a Quitclaim Deed to the file to show standing before the Board. He cited that previously, there were seven (7) apartments in the building, however they were abandoned over four(4) years ago so the applicant is seeking a variance to allow this use again. He is seeking permission for six (6) affordable apartment units. Mr. McNamara owns and manages other apartments of this type in the Hyannis. He cited that all six apartments will be affordable, providing housing where the tenants can walk to their jobs. Mr. McNamara submitted a copy of the floor plan to the file. The Board quested Mr. McNamara why he has not come before them with a MGL Chapter 40B - Affordable Housing, application. That type of relief would allow the units to remain affordable in perpetuity, allow for better monitoring by the town and "count" towards the town's Chapter 40B requirements. Mr. McNamara reported he has been working with Laura Shufelt, Chairperson of the Barnstable Housing Committee seeking a grant to help with the construction of these units. The Board and the applicant decided to continue this appeal to January 19, 2000, during which time the applicant will explore the option of seeking relief under Chapter 40B. At the January 16, 2000 continuance, Mr. McNamara described the proposed project and noted that the first floor would be occupied by a commercial tenant. He stated that due to time constraints, a comprehensive permit would not be feasible. He has already lost one possible tenant on the first floor. Laura Shufelt from the Barnstable Housing Committee addressed the Board. She submitted a letter from the Housing Committee in support of the project. The Housing Committee suggests as a condition of approval that the units be deed restricted to households earning below 80% of the area median income. She stated Mr. McNamara could apply later to DHCD for designation as Local Initiative units. Ron Jansson asked the applicant if he was willing to live with the conditions suggested by the Housing Committee. Mr. McNamara stated that he was. Gene Burman asked about the number of drivers that would be living there and the parking situation. Mr. McNamara stated that most of the tenants he would be renting to do not have driver licenses. They are referred by the Arc of Cape Cod which serves the developmentally challenged. About 98% of Arc's members do not drive and are dependent on public transportation. He stated he could not discriminate against drivers. The Board was concerned with the lack of parking and the fact that this intersection is one of the busiest in town. Mr. McNamara stated he could fill the apartments now with the mentally challenged if allowed and most would not drive. He stated that the Cape Cod Railroad may be a possible tenant on the first floor commercial space. At the mention of this, both Ron Jansson and Gene Burman stepped down due to a possible conflicts of interest because they are both currently involved with the Cape Cod Railroad. This left only 3 members which does not constitute a quorum. The appeal was continue to February 16, 2000. At the February 16, 2000 continuance, Chairman Emmett Glynn read a letter from Kerry McNamara, received February 4, 2000 which states "I would like to withdraw, without prejudice, my appeals 1999-152 and 1999-153." Per request of the applicant, a motion was duly made and seconded to allow Appeal Number 1999-152 to be Withdrawn Without Prejudice. The Vote was as follows: AYE: Tom DeRiemer, Dan Creedon, and Chairman Emmett Glynn NAY: None 2 Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-152-McNamara Variance to Section 3-3.1(1)(1)Principal Permitted Uses-Multi-Family Dwellings Order: Appeal Number 1999-152 has been Withdrawn Without Prejudice. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. eZ "it -BD Emmett Glynn, Chairman Date Signed I Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this l�day o 6 under the pains and penalties of perjury. Linda'Hutchenrider, Town Clerk 3 . . ri RefNo mappar ownerl owner2 addr city state zip 152+153 327 067 BARNSTABLE, TOWN OF (MUN) 367 MAIN STREET HYANNIS MA 02601 327 068 BILL, WILLIAM O & ELEANOR M LANSING LANE HYANNIS MA 02601 327 069 PLYMOUTH & BROCKTON 8 INDUSTRIAL PARK RD PLYMOUTH MA 02360 327 070 SHREE GURU INC 164 WASHINGTON' ST PLAINVILLE MA 02762 327 072 PLYMOUTH & BROCKTON ST RAIL 8 INDUSTRIAL PARK RD PLYMOUTH MA 02360 327 073 PLYMOUTH & BROCKTON 8 INDUSTRIAL PARK ROAD PLYMOUTH MA 02360 327 074 FEDERATED CHURCH OF HYANNIS 320 MAIN STREET HYANNIS MA 02601 327 094 CONSTANTINE, CHARLES & CONSTANTINE, EDWARD 87 BAY SHORE RD HYANNIS MA 02601 327 095 STAFFORD, EDWARD T JR & CARLETON, ROBERT T 298 MAIN ST SUITE 5 HYANNIS MA 02601 327 097 CAPE COD BANK & TRUST CO 307 MAIN ST HYANNIS MA 02601 327 098 BEATTY,ARTHUR J & ELIZABETH 699 COTUIT RD MARSTONS MILLS MA 02648 327 099 MCNAMARA, KERRY M TR KDA RALTY TRUST PO BOX 1144 OSTERVILLE MA 02655 327 103 CAPE COD BANK & TRUST CO 307 MAIN ST HYANNIS MA 02601 327 104 CAPE COD BANK & TRUST 307 MAIN ST HYANNIS MA 02601 327 105 CAPE COD BANK & TRUST 307 MAIN ST HYANNIS MA 02601 327 124 YUSKAITIS, MARK E 63 BAYBERRY RD W YARMOUTH MA 02673 327 126 RAPP, KEITH M TRS MNS NOMINEE REALTY TRUST P O BOX 357 COTUIT MA 02635 327 127 ELLIOTT, JOHN H 259 MAIN ST HY BARNSTABLE MA 327 154 FEDELE, STEVEN R TR STORYLAND REALTY TRUST 141 WINDING COVE RD MARSTONS MILLS MA 02648 327 155 CLOUTIER, EMERSON & MARILYN R TR EMERSON REAL ESTATE TRUST 33 EVERGREEN DR MARSTONS MILLS MA 02648 327 156 001 MASS BAY TRANSPORTATION CORP 50 HIGH ST BOSTON MA 02110 327 156 002 MASS BAY TRANSPORTATION CORP %EXECUTIVE OFFICE TRANS 10 PARK PLAZA - RAIL DIVISION BOSTON MA 02116 327 157 MORIN, ALFRED C &JULIUS P MORIN, PAUL & CROSBY 12 MAPLE ST HYANNIS MA 02601 327 158 CAPE COD REG'L TRANSIT AUTHORITY P 0 BOX 2006 DENNIS MA 02638 327 246 ODA DIPRETE, HENRY A TRS EASTSIDE HERITAGE TRUST 1450 LANDVIEW LN OSPREY FL 34229 327 246 OOB DIPRETE, HENRY A TRS EASTSIDE HERITAGE TRUST 1450 LANDVIEW LN OSPREY FL 34229 327 246 OOC BURKE, JAMES M & JONES S C TR MAIN ST RENAISSANCE TR 36 MOONPENNY LA CENTERVILLE MA 02632 327 246 DOD BURKE, JAMES M & JONES S C TR MAIN ST RENAISSANCE TR - 36 MOONPENNY LANE CENTERVILLE MA 02632 327 246 OOE BURKE, JAMES M & JONES S C TRS MAIN ST RENAISSANCE TR 36 MOONPENNY LA CENTERVILLE MA 02632 327 246 OOF BURKE JAMES M & JONES S C TRS MAIN ST RENAISSANCE TR 36 MOONPENNY LA CENTERVILLE MA 02632 327 246 OOG BURKE, JAMES M & JONES S C TR MAIN ST RENAISSANCE TR 36 MOONPENNY LA CENTERVILLE MA 02632 327 246 OOH BURKE, JAMES M & JONES S C TR MAIN ST RENAISSANCE TR 36 MOONPENNY LA CENTERVILLE MA 02632 327 247 FURMAN, JACK J FURMAN, SYLVIA M PO BOX 314 OSTERVILLE MA 02655 327 254 FAZIO, THOMAS E & EILEEN D 294 MAIN ST HYANNIS MA 02601 327 255 CLARKE, WILLIAM T 9 Meeting of December 15, 1999 Zoning Board of Appeals Hearings Agents and Abutter Notification Mailed November 30, 1999 327 255 152+153 William & Glorya Clark 292 Main Street Hyannis, MA 02601 I I r Proof of Publication Town of Barnstable Zoning Board of Appeals Notice of Public Hearing Under The Zoning Ordinance for December IS. 1999 To all persons interested in,or affected by the Board of Appeals under Sec. 11 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts,and all amendments thereto you are hereby notified that: 7:30 PM Reynolds Appeal Number 1999-149 Cynthia H. Reynolds has applied to the Zoning Board of Appeals for a Variance to Section 3-1.1(1)Principal Permitted Uses toallowe second living uniton the premises forthe owner's caretaker to live in while providing support with the understanding that the Variance will not be transferable and,at such time as it is not needed for this use,the house will be restored as nearly as possible to its prior state.The property is shown on Assessor's Map 186,Parcel 009 and is commonly addressed as 161 Bay Lane,Centerville,MA in an RD-1 Residential D-1 Zoning District. 7:45 PM Gonzales Appeal Number 1999-1 So Edward C. and Frances H. Gonzales have applied to the Zoning Board of Appeals for a Variance to Section 3-1.3(5)Bulk Regulations to permit an addition to be constructed 16 feet from the front property line off an unconstructed street where a minimum 30 foot front yard setback is required. The property is shown on Assessors Map 114. Parcel 072 and is commonly addressed as 70 Bayberry Way,Osterville,MA in an RF-1 Residential F-1 Zoning District, 8:00 PM PetsMart Appeal Number 1999-151 PetsMart has applied to the Zoning Board of Appeals for a Variance to Section 4.3.7 Signs in Business Districts to allow a sign for PetsMart to be 208.12 square feet,VetsMart to be 12.92 square feet, and Grooming to be 12.92 square feet. The property is shown on Assessor's Map 295,Parcels 019.X01 and 019.X02 and is commonly addressed as 1070 lyannough Road/Route 132,Hyannis,MA in a B Business Zoning District. 8:15 PM- McNamara ;Appeal Number 1999-152 Kerry McNamara has applied to the Zoning Board of Appeals for a Variance to Section 3- 3.1(1)(1)Principle Permitted Uses-Multi-family dwellings. The applicant seeks to remodel the existing building to create six(6)affordable studio apartments. The property is shown on Assessor's Map 327, Parcel 099 and is commonly addressed as 278 Main Street, Hyannis,MA in a B Business Zoning District. 8:20 PM McNamara Appeal Number 1999-153 Kerry McNamara has petitioned to the Zoning Board of a ppeals fora Special Permit pursuant to Section 4-2.10 Reduction of Requirements/When Applicable. The petitioner seeks to remodel the existing building to create six(6)affordable studio apartments on a site with no available parking. The property is shown on Assessors Map 327, Parcel 099 and is commonly addressed as 278 Main Street,Hyannis,MA in a B Business Zoning District. 8:30 PM Dunbar Appeal Number 1999-154 David B.and Janet Cooke Dunbar have applied to the Zoning Board of Appeals fora Variance to Section 3-1.1(5)Bulk Regulations. The applicants seek to sell the house on Parcel 016 to their daughter and build a 2 bedroom single-family residence on the adjoining vacant lot (Parcel 110) which may have technically merged for zoning purposes with their other property.The property is shown on Assessor's Map 229,Parcels 110 016 and is commonly addressed as 55 and 73 Holly Lane,Centerville,MA in an RD-1 Residential D-1 Zoning District. 8:35 PM Dunbar Appeal Number 1999-155 David B.and Janet Cooke Dunbar have petitioned to the Zoning Board of Appeals for a Special Permit pursuant to Section 4-4.2(5)Merged Lots. The petitioners seek to sell the house on Parcel 016 to their daughter and build on the adjoining land which may have technically merged for zoning purposes with their other property and further reconfigure some lot lines so that the encroachments over the existing lot line between Lots 10&11 is rectified and the sideline setbacks of present zoning are observed.The reconfigured lot lines will reduce the area of Parcel 015 which is currently undersized. The property is shown on Assessor's Map 229,Parcel 015 and is commonly addressed as 93.Holly Lane,Centerville, MA in an RD-1 Residential D-1 Zoning District. 8:45 PM Marchessault Appeal Number.1999-156 Francis J. and Claire L. Marchessault have applied to the Zoning Board of Appeals for a Variance to Section 3-1.4(5) Bulk Regulations for a lot of 36,389 sf to be considered buildable.This undersized lot was the subject of an allowed variance in Appeal Number 1993- 69which lapsed.The property is shown on Assessor's Map 076,Parcel 048and is commonly addressed as 123 Cory Circle,Marstons Mills,MA in an RF Residential F Zoning District. These Public Hearings will be held in the Hearing Room;Second Floor,New Town Hall,367 Main Street,Hyannis,Massachusetts on Wednesday.December 15, 1999. All plans and applications may be reviewed at the Zoning Board of Appeals Office,Town of Barnstable, Planning Department,230 South Street,Hyannis,MA. Emmett Glynn,Chairman Zoning Board of Appeals ' The Barnstable Patnot 11/25/99&12/02/99 Town of Barnstable I Planning Department Staff Report la McNamara Appeal Number 1999-152-Variance to Section 3-3.1(1)(1) Principal Permitted Uses Multi-Family Dwellings Appeal Number 1999-163 -Special Permit Pursuant to Section 4-2.10 Reduction of Parking Requirements/When Applicable Date: December 6, 1999 To: Zoning Bo Appeals From: Approved By: Robert P. chernig, AICP, Planning Director Reviewed By: Art Traczyk, Principal Planner Drafted By: Alan Twarog, AICP, Associate Planner Petitioner: 'zKe�r MCNan a;i a=Z- Property Address: c,�278Vain Street, Hyannis Assessor's Map/Parcel:: Map'327, Parcel 099 Area: 0.13 acre Zoning: B Business Zoning District Groundwater Overlay. AP Aquifer Protection District Filed:October 29, 1499 Public Hearing:December 15, 1999 Decision Due:April 7,2000`(includes a 60 day extension). Standing:The property is owned by Nicholas A. and Leona Masabny. _Does the applicant:have a purchase and.sale agreement or a lease agreement with the owners? Staff suggests the applicant provide the Board with a, copy of either a purchase and sale agreement or lease and a letter of authorization from the property owners in order to show standing before the Board. Background: The property that is the subject of these appeals consists of a 0.13 acre lot on the northwest corner of Center and Main Streets in Hyannis. It is presently improved with a two-story commercial building listed as a store/shop on the assessor's field card. The existing building was previously the site of a pharmacy and 7 apartment units but has been vacant for approximately 4 years, according to the application. The property is located in a B Business Zoning District and is serviced by public water and sewer. The applicant is proposing to remodel the interior of the building for 6 studio apartments on the second floor and a commercial tenant on the first floor..Apartments and office/retail uses are permitted as-of-right in the B District. However, multi-family apartments are subject to the provisions of Section 3-2.1(1)(J)(a)through (h) of the Zoning Ordinance. Due to the existing conditions on this site, the proposed apartments do not meet these requirements. Also, there is no on-site parking available for the proposed uses of this building. . The applicant has applied for the following zoning relief: Appeal Number 1999-152 -Variance to Section 3-3.1(1)(1) Principal Permitted Uses -Multi-Family Dwellings to permit 6 studio apartments that do not meet the requirements for multi-family dwellings as outlined in Section 3-2.1(1)(J)(a) through (h) of the Zoning Ordinance. Appeal Number 1999-153-Special Permit pursuant to Section 4-2.10 Reduction of Requirements/When Applicable to allow for 6 studio apartments on the second floor of the existing building and a commercial tenant on the first floor on a site where there is no available on-site parking. According to assessor's records dated 12/06/99 Planning Department-Staff Report-.McNamara v Appeal No. 1999-152-Variance to Section 3-3.1(1)(1)Principal Permitted Uses-Multi-Family Dwellings Appeal No. 1999-153-Special Permit,Section 4-2.10 Reduction of Parking Requirements Staff Review: Site Plan Review This proposal was found approvable by the Site Plan Review Committee on October 28, 1999, subject to the following conditions: • Trash disposal method to be approved by the Board of Health. • Residential tenants restricted to single occupancy, affordable housing status. • Commercial tenant subject to Site Plan Review. The applicant has not submitted any proposed floor plans for the Board's review. Staff suggests the applicant do so. Apartment Provisions Section 3-3.1(1)(1) allows apartments in the B District, subject to the provisions of Section 3-2.1(1)(J)(a) through (h),of the Zoning Ordinance(see attached copy). These provisions provide for a minimum amount of open space and parking to be provided on-site for the residents of a multi-family dwelling. Due to the existing conditions on this site, however, conformance to these requirements is not possible. The lot is relatively small, being only 0.13 of an acre, and is covered 100% by the building footprint and impervious pavement. The surrounding properties have all been developed so there is no adjacent land available to add to this site., There are no public parking lots nor any neighborhood parks in the immediate vicinity. The closest municipal parking lot is the North Street lot located about 700 feet to,the east. Staff is.concerned with this site's location"at the intersection of two heavily traveled roads and the-lack of on-site amenities.: According to as"sessor's records; the subject building:.was constructed around 11.920, pre-dating zoning in the town of Barnstable The nonconformities with regard,to parking•and the previously existing apartments on- this site;appear to have been lost due to abandonment or non-use. Section 4-4.8 Abandonment; Non-Use states:."Any lawful pre-existing nonconforming use or•building or structure or use of land which has been (i),.: abandoned or(ii) not used for 3 years, shall not thereafter be re-established." The application states the building has been vacant for about 4 years. Parking The Zoning Ordinance requires 1.5 off-street parking spaces per dwelling unit. Six apartments require 9 off- street parking spaces. In addition to the proposed apartments, use of the commercial'space also requires off-street parking on the basis of 1 space per 200 sq. ft. of GFA of retail space or 1 space per 300 sq. ft. of office space. There is approximately 4,300 sq. ft. of space on the first floor. A retail use will require about 22 parking spaces and an office use will require about 15 parking spaces. The applicant has stated that he intends to rent to developmentally challenged tenants only. If restricted to such a population, parking for the proposed apartments would not be a major issue because, for the most part, this group does not drive. The site does have convenient access to public transportation. Affordable Housing Units The applicant has offered to make all of the proposed apartments affordable housing units, which is now a requirement of Site Plan Review. Staff suggests that some form of monitoring agreement be made with the Barnstable Housing Authority, which regularly oversees the monitoring of affordable housing units in town. The applicant may wish to set up a meeting with the Barnstable Housing Committee to discuss this proposal. In speaking with Laura Shufelt, Chair of the Housing Committee, a mix of tenant types is preferable than having all the units rented to the developmentally disabled. If the Board is inclined to grant the requested relief,they may wish to continue these appeals until input from the Housing Committee is received and a proposed monitoring agreement can be drafted. The next meeting of the Housing Committee is tentatively scheduled for December 22, 1999. 2 Planning Department-Staff Report-McNamara Appeal No. 1999-152 Variance to Section 3-3.1(1)(1)Principal Permitted Uses-Multi-Family Dwellings Appeal No. 1999-153-Special Permit,Section 4-2.10 Reduction of Parking Requirements Proposed Re-Zoning of Downtown The planning staff has been working on a proposed re-zoning of downtown Hyannis. It is recommended, as part of this re-zoning, to reduce parking requirements for specified uses along Main Street, such as office, retail and restaurant uses. However, this same proposal recommends prohibiting multi-family uses on Main Street, with the exception of possibly allowing one apartment on the second floor of a business building. In the formulation of the Hyannis Village Plan, residents expressed a strong desire not to allow multi-family uses on Main Street and to support multi-family residential activity along West Main Street. Local Comprehensive Plan The following is a listing of the goals, policies and strategies outlined in the Hyannis Village Plan that deal with the issues of housing and the re-use/redevelopment of existing buildings. The need for affordable housing in the Town of Barnstable must be balanced with the particular land use policies recommended for Hyannis and for Main Street in particular. Strategy 1.1.9 Identify and eliminate blighted, derelict and dangerous structures and properties. Create incentives for private sector participation in this activity in the Central Business District(CBD). Redevelop under utilized and abandoned properties. Policy 2.3 Encourage redevelopment within the designated activity 1centers, supported with all appropriate infrastructure and consistent with design guidelines. Goal 7.0 Provide fair, decent, safe and affordable housing which meets the present.and future,needs of all Hyannis residents of all income levels consistent with the town's architectural design guidelines. Policy 7.6 Provide housing opportunities for a diverse mix of'social needs, including age and income integrated housing through development redevelopment, while respecting historic neighborhood character and community values: Strategy 1.1.8 Support predominantly multi-family residential activity along:West Main Street.:... Variance Findings: In consideration for the Variance, the applicant must substantiate those conditions unique to this property that justify the granting of the relief being sought. In granting of the Variance the Board must find that: • unique conditions exist that affect the locus but not the zoning district in which it is located, • a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise to the petitioner, and • the relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Special Permit Requirements: The Zoning Board of Appeals may reduce parking requirements by the granting of a Special Permit only if lesser off-street parking is shown to be adequate given such special circumstances as: 1. Use of a common parking area by different uses having different peak hours of demand. 2. Age or other characteristics of occupants which reduce auto usage. 3. Characteristics of use invalidating normal methods of calculating parking demand. 4. Supplementary parking provided off-premise. The standards for granting a special permit also require the following findings of fact to be made by the Board (Section 5-3.3(2)): 3 Planning Department-Staff Report-McNamara ` r Appeal No. 1999-152-Variance to Section 3-3.1(1)(1)Principal Permitted Uses-Multi-Family Dwellings Appeal No. 1999-153_-Special Permit,Section 4-2.10 Reduction of Parking Requirements • that the application falls within a category specifically excepted in the ordinance for a grant of a Special Permit, (a reduction in required parking is allowed by the grant of a Special Permit Pursuant to Section 4- 2.10 of the Zoning Ordinance), • that a site plan has been reviewed and found approvable in accordance with Section 4-7 (The site plan was found approvable on October 28, 1999 by Site Plan Review Committee- Site Plan Review No. 091-. 99), and, - • that after evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the Zoning Ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. Suggested Conditions: If the Board finds to grant the requested relief, it may wish to consider the following conditions: 1. A total of studio apartments shall be permitted on the second floor of the subject building. 2. The apartment units shall be restricted to single occupancy, affordable housing status only, as required by Site Plan Review. 3. The applicant shall record a deed restriction with the Barnstable County Registry of Deeds which restricts these units as affordable units (as defined by Article LXIII of the Town's.General Ordinances). The language of the deed restriction shall be approved by the Town's Legal Department. 4.. The applicant shall enter.into a monitoring agreement with the Barnstable Housing Authority, acceptable to the Barnstable Housing,'Committee and to the Zoning Board of Appeals 5, -Any.proposed commercial.tenant for the first floor must receive Site:Plan Review approval and approval, from the Zoning Board of Appeals before an occupancy permit is.issued 6. The locus shall:comply-with all State Building Code, Town of Barnstable,Board of Health and State Fire Prevention Regulations, and all requirements of Site Plan Review and.the Hyannis Main Street Waterfront Historic District Commission before an occupancy permit is.issued. E Attachments: Applications Copies: Applicant/Petitioner Assessor Field Card GIS Map Site Plan Site Plan Approval Letter w/attachments Proposed Main Street Re-Zoning October 22, 1999 Letter from The Arc of Cape Cod 4 Planning Department-Staff Report-McNamara Appeal No. 1999-152-Variance to Section 3-3.1(1)(1)Principal Permitted Uses-Multi-Family Dwellings Appeal No. 1999-153-Special Permit,Section 4-2.10 Reduction of Parking Requirements 3-2.1 PR Professional Residential District 1) Principal Permitted Uses: The following uses are permitted in the PR District:. A) Single-family residential dwelling (detached). B) Two-family residential dwelling (detached). C) Professional Offices. D) Licensed real estate broker's office. E) Nursing home. F) Rest home. G) Medical/dental clinic. H) Pharmaceutical/therapeutic use. 1) Hospital (non-veterinarian). J) Multi-family dwellings (apartments), subject to the following conditions: a) The minimum lot area ratio shall be five thousand (5,000) square feet of lot area per each apartment unit for new multi-family structures and conversions of existing buildings:. b) The maximum lot coverage shall be twenty per cent'(20%)of the gross upland area of the lot or combination,of lots. , cj. The maximum height of a multi-family dwelling shall not exceed three(3) stories or thirty-five (35)feet,-whichever is lesser. d) The minimum front yard setback shall be fifty (50) feet or three(3)times the building height,whichever is greater. e) The minimum side and rear yard setbacks shall be not less than the height of the building. f) A perimeter green space of not less than twenty (20)feet in width shall be provided, such space to be planted and maintained as green area and to be broken only in a front yard by a driveway. g) Off-street parking shall be provided on-site at a ratio of one and one-half(1.5) spaces per each apartment unit and shall be located not less than thirty (30) feet from the base of the multi-family dwelling and be easily accessible from a driveway on the site. h) No living units shall be constructed or used below ground level. i) The Zoning Board of Appeals may allow by Special Permit a maximum lot coverage of up to fifty per cent(50%) of the gross area of the lot or combination of lots. 5 TOWN OF BARNSTABLE Zoning Board of- Appeals Application to .pet&ttLon fora Variance Date Received nn fice use Only: U Town clerk office Ap l # OCT Z 91999H r g Date D 'sion Due TOWN rA e is for a Variance from The undersigned hereby applies to the. g A pp the Zoning ordinance, in the manner and for the hereinafter set forth: Petitioner Name: I�C,`CC� G� a Y'r► Phone SoS�14 M'O 503 Petitioner Address: 7 1�1��-k �.,� h1AeGrS�ba S • �'S b2-�`f g Property Location: OL $' rgoL,,,A � `• tnrl\S Yr1 k Property owner: K 14 1 lei���! �S"�"' Phone 0SO-3 Address of owner: boy, i l N y 0 5�V\ �. 0 2(o 9-f Zf petitioner differs from owner, state nature of interest: Number of Years Owned':. \Id.► . . Assessor's Map/Parcel Number: r 3 027 0.9q �. Zoning District: .. Groundwater Overlay ;District: Variance Requested: . Cite section s Title of the Zoning 11 ordinance Description of variance Requested: Re,'W100e 1-,1 (� S�v� O PA r+N1G'^T-S -T�ece. ;s no Pc,c V vna -t- Lo+ SI 2.,e r7�s Sma// 4h4,vN Rce�_V►rC�D• {{ YeArS ,q°50 -�-�G� Wtcc. �7 Un.�+S i h PVT•'D�n - Description of the Reason and/or Need for the variance: -To 11uvS��n Discription of construction Activity (if applicable) : Y1r gWc- q /1 9 p cLetmc r�' b-CAA�D hc,w , Existing Level of Development of the Property — Number of Buildings: i C1_% y�3oo' Present Use(s) : V Q Gross Floor Area: .2 Z, IO o sq.ft. Proposed Gross Floor Area to be Added: Altered: , is this property subject to any other relief (variance or special Permit) from the Zoning Board of Appeals? Yes [ ] No if Yes, please list appeal numbers or applicant's name THE ZONING RELIEF BEING SOUGHT HAS. BEEN DETERMINED BY THE ZONING ENFORCEMENT LENT OFFICER TO BE APPRO1,1 ITE RL•'L GIVEN TFIES% L V�ivl.;Y ' �. Application to Petition for a Varian is the property within a Historic District? Yes [j No ( ] Is the property a Designated Landmark? Yes [] No r :.- For Historic Department Use only: Not Applicable [ ] om Plan Review Number Date Approved signature: Have you applied for a building permit? Yes (] No Has the Building Inspector refused a permit? Yes . [] No � All applications for a variance which proposes a change in use, new construction, reconstruction, alterations or expansion, except for single or two-family dwellings, will require an approved site Plan (see section 4- should be completed prior to 7.3 of the Zoning ordinance) . That process P submitting this application to the Zoning Board of Appeals. For Building Department Use 0n1y: Not-Required [ ] Site Plan Review Number Date Approved signature:, The .followings ;:information must be submitted with the Petition at` the ..time° j of filing}. without' such 'information the. Board of Appeals may deny your request: Three (3) copies of the completed Application Form, each with original signatures. Five (5) copies of a certified property survey (plot plan) showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location .of the existing improvements on the land. All proposed development activities, except single and two-family housing development, will require five (5) copies of a.proposed site improvements plan approved by the site Plan Review committee. This plan must show the exact location of all proposed improvements and alterations on the land and to structures. see "Contents of site Plan:" section 4-7.5 of the Zoning ordinance, for detail requirements. The petitioner may submit any additional su porting documents to assist the Board i making its de. rminat n. signature: G"` Date: to Za Pe it ner or Agent signature Agent's Address: �JOX �� = ``� 4 - Phone: 4OS�J3 Fax No. Z, TOWN OF BARNSTABLE THE ZONING BELIEF BEING SOUGHT HAS Zoning Board of Appeals BEEN DETERMINED BY THE ZONING Application for a special Permit ENFORCEMENT OFFICER TO l bE APPROP TE F GIVEN THESE CIRCUMST S. • For o i e e only Da; Appeal # To gearing Date OCT 2 9 Decision Due Tie UM TA eby applies to the Zoning Board of Appeals for a Special Pd'rau. mann'er and for the reasons hereinafter set forth. Applicant Name: f:TIC m SUIT, - , Phone LAM 05703 -- ) ^ 1 r( Applicant Address: 3'7 w�,-�-w.a� �'� Irn ArSRs^S Property Location: a,719 M S 1Ah Property Owner: 1 b)+ AeAAi Mc--, S , Phone Address of owner: Q O)( l I q L) 8.S" cry Q < O&(oss' Zf applicant differs fs+om owner, state nature of Interest# Humber of Years. owned: `• 7i Assessor's Map/Parcel Number: 3a7 O 9 oI F Zoning District: OWlhdGrG�a,� Q Groundwater overlay Districts ' special Permit Requested: 2— Cite Section 6 T1t e of the Zoning ordinance Description of Activity/Reason for Request: Do floor VSVnCSS l U��iC,4e Description of Construction Activity (if applicable) : Path+ • + Proposed Gross Floor Area to be Added: no ne , Altered: Existing Level of Development of the Property - Number of Buildings: Present Use(s) : V'q.cAvt4- # Gross Floor Area: (j q00 sq. ft. ` J3c9v 1s� 21 loo Application for a Special Permit Is the property located in an Historic District? Yes No [ J If yes ORH Use Only: Plan Review Number Date Approved Is the building a designated Historic Landmark? Yes [] No If yes Historic Preservation Department Use Only: Date Approved Have you applied for a building permit? Yes [] No Has the Building Inspector refused a permit? Yes [J No l7 All applications for a special Permit require an approved site Plan. That process must be successfully completed prior to submitting this application to the Zoning. Board of Appeals. For Building Department Use only: Not Required - single Family [ ) Site Plan Review Number Date Approved Signature: The following information must be submitted with' the .application .at .t e time of filing, failure to supply this- request: Three (.3-)' copies of the completed application form,, each with , original signatures. Five (5) copies of a certified property survey ,(plot plan) showing the dimensions of the land, all wetlands, water. bodies and surrounding roadways and the location of the existing improvements on the land. Five (5) copies of a proposed site improvement plan, drawn by a certified professional and approved by the site Plan Review committee is required for all proposed development activities. This plan must show the exact location of all proposed improvements and alterations on the land and to structures. See "Contents of site Plan", section 4-7.5 of the Zoning ordinance, for detailed requirements. The applicant may , ubmit any additional supporting documents to assist the Board 'n makin its determination. Signature: r Date ZQ A p ant,s or Agents Signature 2�'A� 2�US�-� Agent's Address: Jtx ` °��� Phone Fax No. ��d J�.J Property Loca gow:279 MAIN ST HYANNIS MAP ID: 327/099/// Ybion M.27525 Other ID: Bldg#: 1 Card 1 of 1 Print Date.12/06/19" ec p on a rats value Assessedvalue /.MASABNY,LEONA TR 8017 OLD YARMOLTH RD IDTL 0101 39,394 39,39 ANMS,MA 02601- OM LAND 0325 47,811 47,81 Barnstable 2000,MA OMMERC. 0325 91,914 91,91 oun an Tax Dist. 400 Land Ct# er.Prop. #SR Life Estate VISION DL 1 LOT 19 Notes: 200,667 IJ DL 2 GIS ID: WANE M1, r. Go de sess a ue r, Lone ffissess a ue r. o e ssess FP a ue ABNY,NICHOLAS A&LEONA 5575/043 02/15/198 Q I 440,00 , CHMOND,THOMAS E 1948/217 Q 1" 0101 39 9 1" 0101 39,39 1" 0325 47,81 199 0325 47,81 1" 0325 91,91 199 0325 91,91 aear o o , gs a visit a or ssessoro m me on u signature ac now a ecnp on Amount esnto m n. Appraised Bldg.Value(Card) 131,300 Appraised XF(B)Value(Bldg) 0 Appraised OB(L)Value(Bldg) 0 o � pecLand V Value(Bldg) 68,300 SLandalue LOC 70/30 *DC BK11999/PG318 Total Appraised Card Value 199,60 Total Appraised Parcel Value 199,60 1(6)RM An MASABNY,NICHOLAS A Valuation Method: Cost/Market Vrluatio -170tat Appraisedarc ue RM N M FA M FA41' erm. ssue a Jype Description mo Insp.,vale Comp. Date Comp. Date w L4 FUrposelfiesuir use Gode Dewnprion Zone JJ Vron geliepin untisrice.. G.ractor Nbhd Aaj- Ill ores-Adjl5peclaimcing aj.UnUrrice Land value o .ju i i i o tat ta-ad Un andu . j - Property Location: 278 MAIN ST HYANNIS MAP ID: 327/099/ Vision ID:27525 Other M. ':Bldg M 1 Card. 1 of 1 Print Date.12106/1999 MAI EPY Memem Descriplion Cownsercuumarazienwin r p peon odel 4 ommercial Heat de C Frame Type D2 WOODFRANIE Baths/Plumbing D2 AVERAGE tones Stories ccWaney 0 eilinglWall Is TYPICAL ooms/Prins AVERAGE terior Wall 1 9 rick Veneer /o Common Wall 2 WWI Height 0 of Structure 3 able/llip oof Cover 3 pWF Gls/Cmp tenor Wall 1 3 lastered emen a escnp on ac or 2 5 rywall Interior Floor l 4 arpet ooplex 2 nit Location Heating Fuel 2 it Heating Type of Air umber of Units C Type I one umber of Levels /o Ownership edrooms 0 ero Bedrooms athrooms era Bathrms a 0 Full na j.Haso Kam J.uu otal Rooms ize Adj.Factor .87780 rade(Q)Index 10 ath Type dj.Base Rate 1.18 tchen Style Idg.Value New 45,414 ear Built 1920 B Year Built 960 nnl Physel Dep 7 uncnl Obalue on Obslnc 5 pecl.Condo Code oescrr ron ercenr a peel Cond/o "LUJAwbimur -to erall/o Cond. 33 0101 Ingle Fam 30 mac,Bldg Value 131,300 ; o e 1AMoscription r IMM unit Pnee Yr. vpKt LM r.Value. All ode uescnpnon vutg rea oss rea . rea os prat. Value oor FUS Peer Story,Flubbed 2,01 2,01 2,01 51.1 . 102,87 UBM asoment,UnBnisbed 2,01 4 10.V20¢7 ��wao .w asoe fog I fi-44-A-- _ will.IVAff. Main Street: Major Uses*: Retail 54% mixed use 14% Office 8% motels 4% multi-family/condos 4% • by parcel area This is the original downtown of Barnstable, which has its origins in the 18th and 19th century. Tourism has been a factor in the downtown growth since the late 19th century, when the railroad made the beaches and warm waters of the sound accessible to residents of Boston and New York. Until the advent of the malls, the west end of downtown catered to tourists with specialty retail shops, and the east end provided for more every-day goods. Beginning in the 1960's, national retailers constructed large stores along major routes into the town, and the downtown has struggled to maintain its status as a center of business. Today, much of the retail is "specialty retail," attractive to the tourist and to residents looking for clothing and gift items. One recent addition is-growth'of a numb, of high.- quality, small, individually owned restaurants. Tourists are of prime importance to maintaining the economic viability of this area, and:compa'ed to many downtown's that Pre struggling, area fortunate component., To this end, 'an attractive appearance is { essential to attract visitors, as wellas centers of;interest such as."museums and other exhibits. In turn, if the downtown is attractive and well frequented, it will attract year round business from all over the Caper Zoning revisions are one of a number of actions necessary to maintain and improve the viability of businesses in the downtown. The adoption of a historic district has already made a difference in the appearance of many buildings and signs, together with a facade renovation grant program. Most buildings are small,built lot.line to lot line, and run largely by small business people. Buildings are one and two stories in height. Some are built right to the edge of the sidewalk, others along the south side of Main Street at the west end, have small front yards. 'On many of the small lots, parking requirements cannot be met, and if a change of use increases parking requirements, owners have to go to the Zoning Board of Appeals for relief, a process that takes several months, and in one case, resulted in a prospective buyer not purchasing a visible property, that remains vacant today. However, to reduce parking requirements within a geographical area, a zoning district must be created showing the boundary of that area. 3 With a reduction in parking requirements for businesses, implementation of parking ' management is necessary to ensure proper utilization of available parking in the immediate downtown area. Tear-downs to create parking lots should be avoided in the Main Street area. . Such action creates gaps in the continuity of retail shops that will weaken certain sections. ZONING ISSUES 1. Uses: reflect existing retail, restaurant, general office (not medical), personal business uses, and motel uses. Permit small movie theaters and theaters. Drive-in uses should not be permitted, except that.drive in facilities for banks should be permitted, (not accessible from Main Street). 2. Parking: Eliminate or reduce the parking requirements for specified uses, such as office, retail and restaurant uses, provided that the level of any existing parking is maintained. The square footage of restaurants eligible for a waiver should be capped, e.g., 2,000 sq. ft to. Planning will provide comparative information on square footage of existing restaurants. Do not permit parking.lots.on Main Street. 3. -Outside dining: -Consider loosening restrictions on outside,dining along Main Street, and to the rear of buildings. Coordinate,this issue with Health and Licensing . authorities. 4 Motels: Maintain motels as motels;:avoid conversion,to multi-family-r motels generally intake poor quality housing. The term hotel/motel:should be defined in the Zoning Ordinance and the use listed as a permitted use in the proposed downtown.. . zoning district. _ 5. Sign code: Develop a sign code similar to the village business district signs, This issue should be coordinated with the Hyannis Main Street Waterfront Historic District (HHDC). HyRate will meet with Councilor Richardson on this issue, and meet with other with local groups. A full review of this issue will take time, and be developed separately from the other downtown zoning issues. 6. Setbacks from the street: Allow any new construction, either infill or reconstruction, to build to the same setbacks as properties on either side. 7. Entertainment: Non-amplified dinner music, with no more than two musicians should be permitted as of right. A Special Permit should be required for other, larger scale entertainment accessory to dining, with restrictions on amplification, and removal of permit if public disturbances occur. The Special Permit could be issued to the business owner, and not run with the property, to allow a review at the time of sale. t 8. Multi-family issues: Do not permit multi family uses at this time, however, re-open this issue when public road and sidewalk improvements have been made to Main Street, to consider permitting an apartment on the second floor of a business building. 4 f OTHER POLICY ISSUES: Motels: Policies should be developed to ensure that motels are maintained in as good a condition as possible. Absentee ownership of some of the properties on Main Street has been detrimental to the area. Public and private programs should be developed to enable business tenants to purchase the buildings they occupy. Security: a lengthy discussion was held at the workshop 2/9/99 on the problems of people of the street, and adverse effects on the area. This issue needs to be addressed in a number of ways: increased police presence and continued action by social service agencies is necessary. The downtown needs to be maintained in very good condition which will discourage vagrancy. Historic area signs: Request the State to place brown historic district sign directional sign at the rotary entrance to Barnstable Road, the east end intersection of Main Street and Rt.:28, and at Bearses Way and Rt. 132. Also allow smaller directional signs on the periphery of downtown. Hinckley Building:, Allow medical usage of this building,,which would have the effect of improving the,surrounding.area. Direction.of traffic flow: A review of thedirection of traffic flow on.Main Street and surrounding streets is being considered by-various agencies and departments. A joint public workshop is being planned on this issue in late April, early May. DPW traffic consultants are reviewing,the impact of any change in direction on traffic flows. Telephone Company Building on Ocean Street:. If this building becomes available, the town should consider acquisition for additional Town Hall space. 5 Site Plan Review Meeting of October 28, 1999 Hearing Room, 2nd Floor Barnstable Town Hall 367 Main Street, Hyannis Present: Ralph Crossen, Building Commissioner, Steve Pisch, Project Engineer,Art Traczyk,Principal Planner, Thomas McKean,Health Division Director, Also, in attendance were Dan Ojala,Engineer, Ray Tricca, Steve Raleigh,Attorney Andrew Singer,Kerry MacNamara,.Rebecca Perry This meeting was called to order at 9:00 A.M. and adjourned at 11:50 A.M. SPR 091-99 MacNamara,Kerry,278 Main St.,Hy(Dumont's Pharmacy) . (327-099) The applicant seeks to renovate the existing building to:provide 6 studio,apartments on the second floor,and a commercial tenant 6n4he.first floor. The applicant recognizes that the limited availability of parking:may negatively-effect.his petition. Mr. MacNamara informed the committee that he is currently ownsand operates,a small apartment complex behind,the Egg&I Restaurant on Main Street in Hyannis. He reminded the panel that Hyannis is in dire need of affordable housing. Mr. MacNamara - intends to rent to developmentally challenged tenants only. Parking would not be an issue because this population does not drive. It is necessary to provide affordable housing within walking distance of the establishments that hire them. He noted that many are employed as dishwashers in the various restaurants on Main Street. Mr. MacNamara continued to expound, acknowledging that this property had been abandoned for almost 4 years. He was immediately reminded that he may need to apply for zoning relief pending the confirmation of the abandonment date. The retail space is not committed and again the applicant was cautiously reminded of the parking dilemma. The panel expressed its desire to be supportive of a re-use of this property while remaining frank and candid about the obvious difficulties. Steve Pisch offered no commentary at this time. Tom McKean added that his concerns would primarily be with the compliance of all Board of Health regulations not under the jurisdiction of the Site Plan Review process. It was revealed that the average size of each unit would be approximately 300 SF and would be occupied by a single tenant. After some discussion regarding the disposal of trash, it was determined that the applicant was willing to create a dedicated disposal area • subject to the approval of the Board of Health. The Building Commissioner commented that this would be a very challenging endeavor. He urged the applicant to investigate the fire suppressant requirements. Conclusion: Approved with contingencies as follows: Trash disposal method to be approved by the Board of Health Residential tenants restricted to single occupancy, affordable housing status Commercial tenant subject to Site Plan Review The Arc of Cape Cod Serving Cape Cod's Devefopmentafly Disabled Post Office Box 428 Hyannis, Massachusetts 02601 (508) 790-3667 October 22, 1999 Kerry McNamara Post Office Box 1144 Osterville, Massachusetts 02655 Dear Kerry, I am writing in support of your purchase of a building on Main Street in .' Hyannis for conversion into studio apartments. Our organization assists more. , than 60,people.with.developmental disabilities folive independently as members;of the community. Over the past year`;'it lids become increasingly difficult for our program members to find rental`'{housing on;Cape Cod: Our members, unfortunately, have limited incomes and most'are : y dependent on the assistance they receive from housing certificates which : places them at a further disadvantage in attempting to compete for high a demand rentals. Your assistance in helping our members"to find suitable housing has always been appreciated and we currently have four program members living happily at your apartments at 521 Main Street. Approximately 98% of our program members do not drive and are dependent on public transportation. A down town location is very convenient for our members who don't require any parking but do need access to public transit. We look forward to your opening of these new apartments as we in need of more affordable housing for our members. Fondest regards, Lisa Champagne Housing Coordinator Member Agency ill unlbedway of Cabe C00.Inc. Accredited Member of Arc Massachusetts & The Arc / I-CER77FY THAT THLS SURVEY AND PLAN A'ERE MADE ' IN ACCORDANCE MH THE PROCEDURAL AND rECHN/CAL STAMARDS*fOR 771E PRAC77CE OF LAND SURVEYING IN p f THE COMMONWEALTH OF NASSACHUSEM i N��j PAUL,A MFJU7.7I6M, P.LS DAIS 0-E AF79 e1 1'7 LLO s4 980 NOtRtt CUS �— rKj ,�aG \p let �t 6 - - w -—- -_--— -_ LOCUS MAP ----_----- r,o ASSESSORS MAP327, LOT 99 ASSESSORS-_-N "�I PLAN REF` 9132A SHZ =LOT 99 -AREA=5435t SQ. FT- 1 64 FLOOD ZONL�` :N =_- _ -—___ _— _ - ____ x RES_ ZOIYL ....B y AST - � .. ___ �� PLAN OF LAND . __ jW78 MR CT LOCH fl W _ - j.. . e2T8JlAINS7RF.E!' - - - - - -- - ! � 1 HYAN1m "MASS • 5 S S1 AERRY MCN"ARA A. 3 0 •0 A arm PESCE ENGINEERING AND ASSOC sIDE'� C� t 'r P.O. BOX 3P1 OSMVILL& MASS 02655 s o p EE� STR LAND SURVEY BY i PHONE/FAX 428-3730 p� AI� YANK££SURYFY COYV.SIX rA S SCALE.• 1`=20' DA M 511�/99 P.O. BOX 265 M uNIT 1, 4AB/NOUS7RY RaW MARSTaVS MUS4 MA02648 REV 5/27/99 REV PH.(508)428-OOM - FAX(5W)420-5-W \I�OB NO. 51941 SH££T 1 OF 1 : /1.�2 Wirnl Ci,-iaiTto.6 l� �Qg ?►!'.fN p N M ,Of i,.•+n,# 0 /lam 7!Z cc r6ery OF yy> Lot t ,G� `�\M� MAP 327 PARCEL 099 9 .. MCNAMARA III =11121i•:, r r r ru L .1 ''li ' r 11111 7. • =71 7,71 nrgr fi. r ;r;:•r r• rr:i r t;:: r r. aJEJ :' ii rl r 1: rn 1 rrrr 1r ' it .r �n r `Ir rr r. r •ur.' r Pj id r l rl r r+, r r. , r i.:n r l r, r,' I':' 'rcr,l r r r r -: :,q r r w:.i , r .r .r r •I) 1 1 I r i, 11 r 11... ❑ r •u r. 11 1: I :r rr:: \:ter nCoil, v TOWN OF BARNSTABLE - ZONING BOARD OF APPEALS Excerpts from the minutes of March 15,2000 Appeal Number 2000-23 KDA Realty Trust-Kerry McNamara,Trustee. Board Members hearing this appeal were Gail Nightingale,Gene Burman,Ron Jansson,Dan Creedon, and Chairman Emmett Glynn. Alternate Board Member Tom DeRiemer was present and heard all the testimony and can replace any Board Member if necessary. Kerry McNamara represented himself before the Board. Also present was Laura Shufelt,Barnstable Housing Committee Chair. Mr. McNamara submitted a new plan and a"proforma" titled Application for Home Rental Housing Funds Project Financial Analysis. He reported the Cape Cod Railroad is no longer a potential client for the commercial portion of this site. Mr. McNamara explained the proposal is for a Chapter 40B-Comprehensive Permit for six(6)affordable units on the second floor of an existing building in downtown Hyannis. He reviewed Planning Department Staff Report. Suggested Condition#12 states,"A sprinkler system shall be installed throughout the entire building for public safety.reasons and shall comply with all fire code regulations with regard to the installation of sprinkler systems. He indicated-unless required-he had not anticipated installing a sprinkler system. He is proposing to put light- weight concrete between the first and second floor to help with fire, sound,and insulation protection. The Board told Mr.McNamara he must comply with any requirements of the Building Code. The applicant is proposing hard wired smoke detectors. At this point,the Board asked about standing of the application. There are specific Jurisdictional Requirements (Standing)that must be met by the applicant in order to apply for a Comprehensive Permit under MGL Ch.40B. This is called the"three prong test" (1)The applicant shall be a public agency,non-profit organization or a limited dividend organization,(2)the project shall be fundable by a subsidizing agency under a low and moderate income housing subsidy program, and(3)the applicant shall control the site. As to"prong#1",the applicant reported he is a limited dividend organization. The KDA Realty Trust was formed specifically for this project. The trustees are Mr. McNamara,Doug Ahern,and Andrew Whitter. [A copy of the trust was not submitted to the file.] Mr.McNamara stated he will sign a Regulatory Agreement. Laura Shufelt addressed the Board. She reported a Regulatory Agreement is typically signed at the closing or signing of the construction financing. In this case,Mr.McNamara must agree to the form and substance of the Regulatory Agreement,and agree that he will sign it. The Comprehensive Permit is conditioned upon his signing the Regulatory Agreement. This project is being funded through the New England Fund(NEF), and they state the applicant must limit his profits to not more than 20%. Mr.McNamara has agreed to that and under their guidelines KDA Realty Trust is considered a Limited Dividend Organization. The Regulatory Agreement is recorded with the deed when the NEF loan is closed. The Agreement can not be recorded prior to that. It is important to note that the . applicant must agree to sign it and if the Board desired they could ask the applicant to sign the Agreement prior to the issuing of the Comprehensive Permit. The Regulatory Agreement and the Restrictive Covenants/Deed Rider are not yet completed-they are still in draft form. The Deed Rider runs with the land restricting the project to affordable units in perpetuity. The Board asked to see a copy of the Trust and a certificate from the Trustees indicating Mr.McNamara has the authority to enter into the Regulatory Agreement. The Authority of the Trust must be established and this Authority must be current-not revoked. As to"prong#2",the applicant must demonstrate that the project is being funded by a subsidizing agency under a low and moderate income housing subsidy program. Mr. McNamara explained he is working with the Cape Cod Bunk and Trust, Co. and has a letter, dated February 11,2000,from James M.McEvoy, Senior Vice President. The Board was concerned, however,because this letter only states"I am pleased to provide you with this letter expressing our interest in your request for financing using the Federal Home Loan Bank of Boston's New England Fund(NEF)." and"After reviewing the NEF Eligibility Guidelines and your plans for the subject property, it is my understanding that NEF funding may be used for this project." The letter does not state the bank will actually give the applicant the funding. The bank does not commit itself to any funding. Mr. McNamara stated that since he has not applied for a loan yet-they will not commit. The Board was still concerned because although the bank letter need not have a strong financial commitment it still must state- in some form-that the application meets the test of 1 eligibility so that when he gets permitting and returns for financing,the presumption is that he will be able to achieve that financing under normal underwriting criteria through a subsidized program. Ms. Shufelt felt this letter met.the criteria set out in the"Hastings Village Decision"for a site approval letter. She stated it does not have to be a commitment letter, it doesn't need to-and can not be-a commitment letter until he has permits in hand. She agreed the"language in the letter is not"strong"but it should be considered adequate. The Board questioned if the commercial portion of the project should be included in the Chapter 40B housing proposal. Ms. Shufelt reported the entire building must be included in the NEF funding. The NEF Fund allows for both commercial and residential projects but all profits must be limited. The Board took a brief recess. During that time,Board Member Ron Jansson spoke to Assistant Town Attorney Ruth Weil. While the CMR specifically states the criteria for standing,the Housing Appeals Committee(HAC)has decided that the Regulatory Agreement need not be signed ahead of time. It can be signed later as long as the applicant"agrees"to sign it. Plus,the letter from the bank need only be a project eligibility letter not a firm commitment letter. The Comprehensive Permit can be conditioned upon the Applicant signing the Regulatory Agreement. The Board requested an unexecuted copy of the Regulatory Agreement be presented to them before the issuing of the Comprehensive Permit,so it can be specifically referenced. As to"prong#3",the applicant must have control of the site. A copy of the Quitclaim Deed recorded 06-29-1999 as Book 12374 page 006 transferring the property from.Citizens Bank of Massachusetts to Kerry M. McNamara,as trustee of KDA Realty Trust,was submitted to the file. FINDINGS ON ISSUE OF STANDING: Ron Jansson With reference to 2000-23,the following are the findings of fact as they relate to the issue of standing only: 1. The applicant,KDA Realty Trust,has submitted an application for a comprehensive permit under Chapter 40B, Section 20. The property is addressed as 278°Maiii--Street,--Hyanriis;-NIA,as shown on Assessor's Map 327, Parcel 099. 2. The applicant is not a public agency, is not a non-profit organization,and currently is not a legally bound limited dividend organization, but the applicant will, in fact, sign a Regulatory Agreement that will in effect make him a limited dividend organization thereby complying with the terms and provisions of MGL Chapter 40B as well as the rules and regulations of 760 CMR. 3. The applicant does not currently have a funding source letter that complies with the second prong of the test which states the project shall be fundable by a subsidizing agency under a low and moderate income housing subsidy program,which is normally construed to be in a state or federal agency. However,according to Assistant Town Attorney Ruth Weil, in view of the fact that HAC has apparently ruled that that is not necessary,the applicant has satisfied that portion of the requirement. 4. With reference to the third requirement that the applicant must have control of the site,the applicant,KDA Realty Trust,has presented a copy of the Quitclaim Deed recorded 06-29-1999 as Book 12374, Page 006 transferring the property to Kerry M.McNamara,as trustee of KDA Realty Trust. As such,that requirement is met. Seconded by Gail Nightingale VOTE: AYE: Gail Nightingale,Ron Jansson,Dan Creedon,and Chairman Emmett Glynn NAY: Gene Burman MOTION: Ron Jansson Based on the findings of fact regarding the issue of standing,a motion was, based upon the HAC Decisions and based upon the advice of Assistant Town Attorney Ruth Weil,the applicant-even though he has not complied with the requirements of the CMR-he has met the jurisdictional requirements and has standing to proceed with the project. Seconded by Gail Nightingale 2 t 1 VOTE: AYE: Gail Nightingale, Ron Jansson, Gene Burman Dan Creedon, and.Chairman Emmett Glynn NAY: None Having voted that the Applicant has standing,the substantive issue-whether or not the project is consistent with local needs-will now be addressed. Mr. McNamara reported there previously had been seven apartments in this building for more than 30 years. It has been vacant for the last 4 or 5 years. He would like to re-establish the apartment use for only six apartments. There is a great need for affordable apartments and this will fulfill a need in the town. In the short time that he has been proposing this use,he has received numerous calls from people who would like to live there,that is not counting the housing agency lists of people. This unit will bring more affordable apartment to the residence of the Town. The Board asked about the proposed use of the first floor. Mr. McNamara stated he is still seeking a client but does not have a firm commitment from anyone. One of his potential clients only requires 4 parking spaces for the entire first floor. As to general parking needs,there are nine parking lots within one block of this building that have excess parking. If the second floor is rented to members of the Are of Cape Cod,(a center for developmentally disabled individuals)they do not drive and are dependent on public transportation. The bus station is on the next block. There is a striped crosswalk in place and a traffic signal already in place on this corner. This corner is proposed to be redone when the transportation center is completed. There does not appear to be any kind of"threat" to the residents on the second floor from the business on the first floor-or vice versa. Mr.McNamara is aware that any commercial tenant on the first floor will need Site Plan Review Approval. At the Site Plan Review meeting, they will look into issues such as parking,traffic and safety to the residents. The commercial tenant will be made aware of the tenants on the second floor. The building will have six studio apartments for one person each. Each unit will have a telephone connected to the 911 system in the town. The applicant is not proposing any other type of emergency system at this time. The "types"of people in the apartments must be capable of being able to live on their own. The Board asked about the"proforma". Mr.McNamara reviewed the Application for Home Rental Housing Funds Project Financial Analysis form he submitted to the file. This form is from the Barnstable County Home Rental Program. The Board was concerned since this is not a"true proforma". The fees,the numbers,and the profit limits do not add up. The profit is going to be established by the Regulatory Agreement,which states the profit will not be more than 20%. If the Barnstable Housing Authority agrees to be the monitoring agency,they will review the proforma and the Regulatory Agreement for consistency and accuracy. The profit is a product of the operating costs when there is rental property. The cash flow,net profit, and equity are checked on a yearly basis. The Board has a letter from the Barnstable Housing Committee supporting this proposal however,they have not reviewed any proforma. The Board asked how the Housing Committee could support this proposal without reviewing the viability of the proposal. Ms. Shufelt reported the Housing Committee endorsed the project as.it was presented to them. They endorse the creation of these units in this location. They knew the financial viability was still a question. However,that will be addressed at a latter time. The Board"assumed"the Regulatory Agreement and proforma had been reviewed by the Barnstable Housing Committee. The Board recommended the applicant get a proforma and have it reviewed by the Housing Committee and then have the Housing Committee send a report back to the Board. The Regulatory Agreement will limit the profits on a year-to-year basis while the developer holds the property and can control the resale price of the property. The Town is protected—in perpetuity—through the Regulatory Agreement. The Board was concerned since there are still a lot of loose ends. The substance of the project was discussed. The property will be sprinkled. No elevation plans nor architect plans were provided,however,Mr. McNamara stated he intends to hire an architect prior to pulling a building permit. As to handicapped accessibility,he does not intend to put in an elevator, but the Board thought the property had to meet ADA Regulations. The plans are not sufficient—they need to show elevations,fire/emergency exits, ingress and egress,windows,subdivision of the rooms—their layout,etc. In a Comprehensive Permit(Chapter 40B),the Zoning Board of Appeals must act for many Boards and Commissions and many issues have not been addressed. The Board felt there were still many unanswered questions. 3 The Board suggested the applicant meet with Dave Palmer of the housing section in the Planning Department or Bob Schernig,the Planning Director. The Board continued this appeal to April 121h to allow the applicant time to produce the requested documents. Ms. Shufelt indicated the Regulatory Agreement will be available before that meeting. The Housing Committee will review the proforma and rent levels. Appeal Number 2000-23 is.continued to April 12,2000 at 900 PM. Excerpts from the minutes of April 12,2000 Appeal Number 2000-23 KDA Realty Trust-Kerry McNamara,Trustee Board Members hearing this appeal were Gail Nightingale,Gene Burman,Tom DeRiemer,Dan Creedon, and Chairman Ron Jansson. Alternate Board Member Tom DeRiemer was present and heard all the testimony and will replace Emmett Glynn who is not present. Kerry McNamara represented himself before the Board. This appeal was continued from March 15,2000. _ Mr. McNamara submitted to the file: 1. a completed floor plan showing all the rooms,egress and ingress,windows and doors, 2. the Declaration of Trust for KDA Realty Trust, 3. a Standard Form Commercial Lease 4. the Proforma and 5. an article from the Cape Cod Times on parking in Hyannis. Since the last meeting, Mr. McNamara has meet with Building Commissioner Ralph Crossen;Lt. Hubler of the Hyannis Fire Department; Dave Palmer of the Planning Department; Steve Phish of the Engineering Department; and Tom McKean from the Board of Health. According to Mr. McNamara,the Building Commissioner stated that a sprinkler system was not needed because this project was less than 7,500 square feet and handicapped access is not needed because it is only required in units of 20 or more. The Building Commissioner was not present and the Board wanted this information verified as they thought the ADA required handicapped access for the second floor. Mr.McNamara reported when he spoke to the Engineering Department they stated they.had no concerns. The Health Department only requested the rubbish area be enclosed. In speaking to Lt.Hubler,he requested hard-wired smoke detectors,fire alarms,2'/z lbs. fire extinguishers in each unit, and one fire extinguisher in the hallway—which Mr.McNamara will comply with. The parking was reviewed. Mr. McNamara has a lease with a parking lot that is two blocks down the street for 8 parking spots. He has two other buildings within 300 feet that may allow parking. He reminded.the Board that there are town owned parking lots on Ocean street and North Street. There is parking in the back of the lot on the street.. He may have closer parking but could not confirm anything by this evening's hearing. Since he does not expect the tenant to have cars,that should not be an issue—he is just trying to show where there is parking if it were ever needed. In the last hearing,the Board determined the applicant had standing. Since that hearing,the Board received a letter from the Town Attorney indicating he may not have standing. [The Board did not reopen the issue of standing.] The Board still had some concerns. They requested the Engineering,Health, and Building Departments be contacted and indicate(in writing)any concerns they may have or indicate(in writing)that they have reviewed all the information and have no concerns. The Board wanted Lt. Hubler to be contacted to make sure he has no concerns with the plans—especially the egress/ingress for the second floor. If possible,they asked if he could be present to answer any questions at the continuance or, if not,a letter from him stated he had reviewed the project and found no problems with the plan. The Board decided to continued this appeal to May 10,2000 at 9:00 PM. Appeal Number 2000-23 is continued to May 10,2000 at 9:00 PM. 4 ,.�, ti � av .✓5 I � $5�.• �'a,a.vim.• F _ w , 1 r a9 - �l- ^W. rYrIQ Ij • . i 4f a .k r. ,T t , r e r Gr0 Ili d I r�Y r •� .tr�ri►C�,, � Y�.,,a..;.x>..,. �""` F " � �' ,...tea 4 27-8-M-ahI E-t Hyannis, T 278 'fMai n-St,-Hyannis 9/ /12 n ; A y� •YIH+I�� �,e tJi rp {x� ..J1s.,.." ** ai � �Y' 9R 1 h ' i t R rr �+ a" �t�I• � _s � _ f i Ca 278 Main St, Hyannis 9/7/12 w . s 4 �n Ent m ... v' ,.a?;@, - 00,0S, 7-J- � s 100 y z r i —5 i ,� v .. .. e F ^ r _ X y� 278 i o_st-,,-H 1/' M■ ■L ■ , . t= � Y n , ,^� Yl} -f „ t • r • � n r All F qc a R � , Y t Y a, n , � z � '" '� - q ',� ems:` '` �.. 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E Property Location: 278 MAIN ST HYANNIS MAP ID: 327/ 099/// Other ID: Bldg#: 1 Card 1 of 1 Print Date:02/11/1999 R.7�E1V 70�1VT ffS�E — . ,.. . � r F. QAD 77L7'77E < fi7,R GZ1C.4�'1'TO Description Co e Appraised Value ssesse[ a rte R MAIN ST REALTY TRUST SAND 20,4 ---2W,4% 801 7 OLD YARMOUTH RD RESIDNTL 0101 39,39 39,39 YANNIS,MA 02601- 1 COM LAND 0325 47,81 47,81 BARNSTABLE, MA .e r OMMERC. 0325 91,91( 91,91 ccount41035 Plan Ret. -- ax Dist. 400 Land Ct# er.Prop. #SR Life Estate VISION DL 1 Notes: 200,667 , DL 2 ota199,60q 440,00C Yr. Code Assessed Value Yr.� o e ssessed Value Yr. Gode Assessed"V Value CHMOND,THOMAS E 1948/217 Q ota. ota. 163,gut, �< ', ; is signature ac now a ges a visit y a Data Collector or Assessor . .<. Year lypelDescription Amount Gode Description Number Amount Comm.Int. Appraised Bldg. Value(Card) 1319300 Appraised XF(B)Value(Bldg) 0 Appraised OB(L)Value(Bldg) 0 ota (Bldg) 6 00 r .< .. . ' .. �' ;s.:i Special Land Value lu F e83 LOC 70/30 Total Appraised Card Value 199,600 Total Appraised Parcel Value 1(6)RM APT Valuation Method: 199,600 Cost/Market Valuation Net Total ppr�arcelYalue 99—'6 x : ermrt ID issue Date lype Description Amount Insp.. ate o Comp. Date Comp.A Comments Date ID Cit. Purpos esu t ra L L Lml .Use C Code Description one , Frontage Depth nus nitPrice: = i z actor actor r j. Notes- � pecra rrcrng nit rice Land Value . , 6H, cg a II nW Vit _ Aq. ota all a it U BARNSTABLE I CERTIFY THAT THIS SURVEY AND PLAN WERE MADE IN ACCORDANCE WITH THE PROCEDURAL AND TECHNICAL STANDARDS FOR THE PRACTICE OF LAND SURVEYING IN THE COMMONWEALTH OF MASSACHUSETTS. a UE ME PA UL A. MERITHEW, P.L.S. DATE dVEN o W A `9'281 p"yy T� 5� LOCUS WILLO — 34 98' �I�R y�S LINE �E _ - s7b GliTTE%150 - - src 5 - N6 4.7 / 73 0 LOCUS MAP — _ _ — _ _ _ _ — .� \ c - — — — — — _ _ _ _ _ _ —__=ASSESSORS__N_ \ I PLAN REF 9132A SH.2 --LOT 99=__- 0 -AREA=5435� SQ. FT__�'' �+ FLOOD ZONE.• "C" _ ( h RES . ZONE: "B" N° ____--_-___- \\� __--___--_-20 AS/LOT �'-____--____ - � q 98 =____-__-_ PLAN OF LAND zf278 PROJEC T L OCA T/ON isL 278 MAIN STREET -_____- ' ► HYANNIS, MASS. mr:nrnq y APPLICANT 30• y11 `'': � ' KERRY MCNAMARA OV 6 � PESCE ENCINEERINC AND ASSOC. IDEwAL 10114 P. 0. BOX 321 /E Of C pAgKING OSTERVILLE, MASS. 02655 NG LAND SURVEY B PHONE FAX 428-3730 / I Y_ / ppgK � Y �( sTR YANKEE SURVEY CONSULTANTS SCALE.' ' J.`� P.O. 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