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HomeMy WebLinkAbout0369 MITCHELL'S WAY r .�. , L.- �` f' ceCs�u-t rT r I i I d i I I r! I t 1 F c r P_k 239136 P:9 1.2;3 . 442243 137-2 63P Mir MF� -09 JUj1 18 As1 :42 Town of Barnstable Zoning Board of Appeals Rescind Notice and Decision Comprehensive Permit No. 2005-057-Albrecht Summary Comprehensive Permit No. 2005-057 is Rescinded Applicant: James S. Albrecht Property Address: 369 Mitchell's Way, Hyannis, MA Assessor's Map/Parcel: Map 291, Parcel 013 Zoning: RB Zoning District Recording Information: Deed Reference: Book 19569 Page 150 Permit Reference Book 20927 Page 322 Background: James S.Albrecht did apply to the Town of Barnstable for a comprehensive permit under the Affordable Accessory Apartment Program, pursuant to Article II of Chapter Nine of Part I, General Ordinances of the Code of the Town of Bamstable on March 3, 2005. The applicant was seeking to convert an existing partially finished unit attached to the main house into a studio accessory affordable apartment. Comprehensive Permit Number 2005-057 was issued to the applicant on September 2, 2005. A duly executed Regulatory Agreement and Declaration of Restrictive Covenants, along with the Comprehensive Permit were recorded at the Barnstable County Registry of Deeds on April 20, 2006 in Book 20927 and Page 322. The conditions of the comprehensive permit have not been fully executed and Mr. Albrecht has not made contact with this office to extend the time frame specified.in the conditions of the comprehensive permit. i On March 19, 2009 a letter was sent to Mr. Albrecht stating the intent to begin rescission of comprehensive permit 2005-057. As Comprehensive Permit No. 2005-057 was issued to Mr. Albrecht on September 2, 2005 and is required to be exercised within twelve months of its issuance or it shall expire, this action to rescind the permit was taken. Procedural & Hearing Summary: A public hearing to rescind Comprehensive Permit No. 2005-057 was duly advertised and notice sent to abutting property owners all in accordance with MGL Chapter 40A. The notice was published in the Barnstable Patriot on April 24, 2009 and May 1, 2009; The Public Hearing to rescind the Permit was opened on May 20,2009 at which time the Hearing Officer ruled to rescind Comprehensive Permit No. 2005-057. Findings of Fact: At the hearing on May 20, 2009 the Zoning Board of Appeals Hearing Officer made the following findings of fact: N Bk 23906 Pg 124 #42243 Town of Bamstable,Zoning Board of Appeals Decision and Notice to rescind Comprehensive Permit No.2005-057—James S.Albrecht .1. On September 2, 2005, Comprehensive Permit No. 2005-057 was issued to James S. Albrecht for property at 369 Mitchell's Way, Hyannis, MA. The Permit was issued pursuant to the Town's "Accessory Affordable Housing Program', Article II of Chapter 9 of the General Ordinances. 2. Comprehensive Permit No. 2005-057 authorized Mr. Albrecht to develop a studio accessory affordable apartment unit attached to the existing single-family dwelling. 3. A duly executed Regulatory Agreement and Declaration of Restrictive Covenants, along with the Comprehensive Permit were recorded at the Barnstable County Registry of Deeds on April 20, 2006 in Book 20927 and Page 322. 4. Comprehensive permit No. 2005-057 for the property at 369 Mitchell's Way Hyannis has not been fully exercised. Ruling: Based upon the findings the Hearing Officer ruled that Comprehensive Permit No. 2005-057 issued to Mr.Albrecht is rescinded and the Permit no longer valid. Ordered: Comprehensive Permit No. 2005-057 is null and void. The property at 369 Mitchell's Way . Hyannis, MA is to be restored to and used only as a single-family dwelling as permitted as-of-right within the Residential RB Zoning District. A building permit is required to restore the property to a single-family use. The Building Division will take all action necessary to assure compliance with zoning. A written copy of this Rescind Notice shall be forwarded to the Zoning Board of Appeal as required by the Town's Administrative Code Chapter 241, Section 11 of the Code of the Town of Barnstable. If after fourteen (14) days from that transmittal and the Members of the Zoning Board of Appeals takes no action to reverse this action, this decision shall become final and a copy shall be the filed in the office of the Town Clerk. Appeals of the-decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL Chapter 40A, Section 17, within twenty (20) days after the date of the filing of this decision in the Town Clerk's Office. 1, Laura F. Shufelt, as Hearing Officer for the Zoning Board of Appeals certify that a copy of this decision was transmitted to the Members of the Zoning Board on June 3, 2009 and,that 14 days have elapsed with no action taken by any member of the Board to reverse the decision. O� Laura F. Shufelt, H aring Officer Date Signed Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massaonse .*V& certify that twenty (20) days have elapsed since the ZoningBoard of Appeals filed •h41sF ii ��� pp � �ie�isro�. '1,� that no appeal of the decision 4s been d in the office of the Town Clerk: s :'• ,� . '�, Signed and sealed this 41—day o under the ppins:and -e jlues perjury. _. ^ .; ,1-. y "' -fit Linda Hutchenrid 'r, own Clerk BARNSTABLE REGISTRY OF DEEDS '" 2 IMPORTANT MESSAGE For AN— Day 61 Time q - p.m. M s Of Phone FAX Area Code Number Extension MOBILE Area Code Number FAension Telephoned eturned your call RUSH Came to see you Please call Special attention Wants to see you Will call again Caller on hold Message Signed Universal'48023 LITHO IN U.S.A. NOTES .- �. Town of Barnstable . MUMSTABL& Zoning Board of Appeals Gail Nightingale-Chairman �i°rFD ti9-6, 200 Main Street,Hyannis,Massachusetts 02601 Phone(508)862-4785 Fax(508)862-4725 Growth Management Department 367 Main Street,Hyannis,MA 02601 Ruth J.Weil-Director In accordance with the attached request of James S. Albrecht, dated June 27, 2007, regarding Comprehensive Permit Appeal#2005-057, and upon the vote of the Zoning Board of Appeals taken at their public hearing on July 11, 2007, I hereby grant a six-month extension of this appeal. The original decision on Appeal #2005-057 was certified by the Barnstable Town Clerk on September 2, 2005. The extension is necessary due to financial constraints that delayed construction of the unit. The owner is now ready to commence construction and is requesting an extension so that he may apply for a building permit. The extension is necessary to complete the construction in accordance with the Building Code and the requirements of the Accessory Affordable Apartment Ordinance. Said Comprehensive Permit#2005-057 is hereby extended until January 10, 2008. Signed, Gdl C. NijhtiA ale l, 11e4ring Officer Zoning Board of Appeals r Dated: l 4 TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map A 4 / Parcel O /o�- Application#aCO`0 Health Division Conservation Division Permit# Tax Collector Date Issued Treasurer Application Fee Jr0.O0 Planning Dept. Permit Fee Date Definitive Plan Approved by Planning Board ` !7 Historic-OKH Preservation/Hyannis Project Street Address L L S W A-1 Village ���N►J�S Owner _TA M LS S AL_9/4�CH)` Address 3 91 O�C41,;-tU WAY /ZI?,AI 6, Telephone Ste_ r7f), )_D i Permit Request "6c=tJ0v c T 3P4c-C �N�6 Acc 6�102v IM91Zri7Ei✓�-r 7W-1-0) Square feet: 1st floor:existing j�-00 proposed j)-CO 2nd floor:existing proposed Total new D Zoning District Flood Plain Groundwater Overlay Project Valuation 1 a, 000 Construction Type Lot Size . 3� Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family LT" Two Family ❑ Multi-Family(#units) Age of Existing Structure 'Srt Historic House: ❑Yes 04'o On Old King's Highway: ❑Yes LAo Basement Type: ❑Full &Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) f ado Number of Baths: Full:existing new Half:existing O new Number of Bedrooms: existing_ new Total Room Count(not including baths):existing 5' new 5— First Floor Room Count 9— Heat Type and Fuel: C�Gas ❑Oil a'6ectric ❑Other G kS H-EAr L �� Oa7,a2 Central Air: ❑Yes 2'o Fireplaces: Existing y New Existing wood/coal stove: ❑Yes 2-9 Detached gerage:❑existing ❑new size Pool:Y isting ❑new size Barnr existing ❑new size /VA Attached garage:❑existing ❑new size Shed:larie`xisting ❑new size Other: N Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ < , .. _ Commercial ❑Yes_. ❑_NqZ�iL yes,.:site.plan.review-#__ _ _ —- ------ - - — - s _- Current Use ` Proposed Use J � BUILDER INFORMATION c s r Name Telephone Number • �C� `,�'�S `*' Address License# Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE 7 7, �3017rS�' FOR OFFICIAL USE ONLY PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION ' FIREPLACE f ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING 4 DATE CLOSED OUT ASSOCIATION PLAN NO. _ J f The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations a + a 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): .-TA-A18 S P-1,132K 1kjo— Address: 3•69 n�"�p us u/✓ City/State/Zip: G;6 Phone.#: Are you an employer?Check the appropriate box: Type of project(required):. 1.❑ I am a employer with 4. ❑ I am a general contractor and I 6. ❑New construction . employees(full and/or part-time).*. have hired the sub-contractors 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' 9. ❑Building addition [No workers' comp.insurance comp.insurance.$ required.] 5. ❑ We are a.corporation and its 10.❑Electrical repairs or additions 3.[� t am a homeowner doing all work officers have exercised their 11.❑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: Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure.to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be 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. Signature: Date: 1/17/S Phone#: Official use only. Do not write in this area,to be completed by city or town official City or Town: l 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#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every person 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 cor pliance urith 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-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"I:he 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 burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number:. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02.111 Tel. #617-727-4900 ext 406 or 1-877-MASSAFE Revised 11-22-06 Fax# 617-727-7M www-.mass..gov/di-a i ��►+� Town of Barnstable Regulatory Services RAM'''MASS�' Thomas F. Geller,Director L\/ � a`rEc►��' Building Division Thomas Perry, CBO,Building Coimmissioner 200 Main Street, Hyannis,°MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 F"-: 508-790-6230 PLAN REVIEW Owner: -�ci,� . Map/Parcel: Project Address b T-CHc-LLS Builder: ff E 2 The following items were noted on reviewing: �t v C 7- �� c 7-0 Cdb — C C i f-J 8 G— /1 El,�-147- 0-f U S 71 /� C 06 o Reviewed by: Dater- Q:Forms:Plnrvw °FINET°� town of Barn.Stable Regulatory Services BARNSTABM ' Thomas F.Geiler,Director y bins. �* MA Building Division f0 Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 )ffice: 508-862-4038 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction, alterations,renovation,repair,modernization,conversion, improvement,removal,demolition,or construction of an addition to any pre-existing owner-occupied Lcailding containing at least one but not more thann four dwelling units or to structures which are adiacent to such residence.or building be done by registered contractors,with certain exceptions,along with other requirements. Type of Work: 2ov�Tlt` CX7�16 S►�/� C�%� Estimated Cost l 2)0-y0 Address of Work: 3�`� r1c H ��S (��� J�y�,,✓� Owner's Name: / S A L3 rLl,G Date of Application: ) I hereby certify that: Registration is not required for the following reason(s): FWork excluded by law ❑Job Under$1,000 ❑Building not owner-occupied Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIIt OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Name Registration No. Date Owner's Name Q:forms:homeaffidav oFTHE, Town of Barnstable Regulatory Services MMSTABLE. : Thomas F.Geiler,Director buss. Building Division lF�MA'I A Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION, -C- Please Print J DATE: MUAfZ_y' �J d-crU� JOB LOCATION: 3(,q M C I zr2cs y /�y�Nivrs number street village "HOMEOWNER": TAhCS /q t 6fLC_C1�_r' SCF-1212k-/942 Xa-2-3 name home phone k work phone# CURRENT MAILING ADDRESS: 3(7Cl /`Z_V7"C ALL$ l.Ull�y city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of-six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be, a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable.Building Department. minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. Sign ureofHomeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet o' larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire'to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page .of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. ,.II , k Bk 20927 Po322 `23751 04-20-2006 a 1131 12cx CD INN . : BwBnarwBlY: .. •• 67p �0� Town of.Barnstable - Zoning Board of Appeals j r ' Comprehensive Permit Decision and Notice ry Appea12005'057 ' Albrecht Decision - Chapter 40B Comprehensive Permit Applicant: James S. Albrecht Property Address: 369 Mitchell's Way,Hyannis MA Assessor's Map/Parcel: Map 291, Parcel 013 Zoning: Residential B Zoning District . Applicants: s rr; The applicant is James S:Albrecht, whoxesides at 369 Mitchell's Way, Hyannis MA. Mr. Albrecht wad'; granted title to the property by deed recorded in the Barnstable Registry of Deeds on February 28, 2005"ag recorded in Book 19569;Page 150. ., Relief Requested: The applicant has applied for Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts, and in accordance with Article II'of Chapter Nine of the Code of the town of Barnstable,more commonly termed the"Accessory Affordable Housing Program. The zoning relief necessary for this Comprehensive Permit to'be issued is that of a variance to.Section 9- 15 of the Code—Amnesty'Program to permit an accessory apartment unit to a single-family owner- occupied residential dwelling.The issuance of this Comprehensive Permit would allow for an accessory affordable apartment unit attached to the principle residence. Locus and Background: The property at issue is a 0.34 acre lot located at 369 Mitchell's Way in Hyannis. The lot was developed in 1957 with a single-family ranch style home. The effective living area of the main residence is 1,104 square feet. The accessory apartment will be. a studio unit attached to the principle residence. The square footage of the rental area'will be approximately 400.square feet. . The lot is served by public water and on-site septic, and is located within a Wellhead Protection Overlay District.On May 19, 2005, the town of Barnstable's Public Health Division reviewed the septic and approved the property for.a total of three (3)bedrooms. , Procedural Summary:_ r A site approval'letter was issued,for the property,by Elizabeth Dillen of the Office of Community & Economic Development on May 20, 2005, in accordance with MGL.Chapter 40B and.760 CMR. Notice . of the site approval letter was sent to the Department of Housing,and Community Development in accordance with the requirements of CMR 760. An application for a Comprelensive Permit was then filed at the Town Clerk's Office and the Office of the Zoning Board of Appeals on July 11, 2005. A public hearing before the Zoning Board of Appeals Hearing Officer was duly advertised in the Barnstable Patriot on July 8, 2005 and July 15, 2005, and notices were sent to all abutters in accordance with MGL Chapter 40B. 1. A. On July 27, 2005 Hearing Officer Gail Nightingale presided over the public hearing. The applicant, James S. Albrecht, was present at the hearing. Elizabeth Dillen of the.Office of Community and Economic Development was also present. Ms.Nightingale reviewed the file with the applicant to assure compliance with all of the program requirements. Findings of Fact on the Comprehensive Permit: At the hearing on July 27, 2005 the Hearing Officer made the following findings of fact: 1. The applicant is James.S. Albrecht, who resides'at'369 Mitchell's Way,` Hyannis, MA. He is requesting a Comprehensive Permit to convert an addition attached to the principle residence into a an affordable rental unit. The creation of the unit within a single-family owner-occupied residential dwelling qualifies for the "Accessory Affordable Housing.Program." 2. James S. Albrecht was granted title to the property by deed recorded in the Barnstable Registry of Deeds on February 28, 2005 as recorded in Book 19569,Page 150. 3. A site approval letter was issued for the property by Elizabeth Dillen of the Office of Community& Economic Development, on May 20, 2005, in accordance with MGL Chapter 40B and 760 CMR. Notice of the site approval letter w�s §ent to the Department of Housing and Community Development in accordance with the requirements of CMR 760, and no issues were communicated from the Department on this particular application. 4. The proposed accessory affordable unit will be approximately 400 square feet,.and will be attached to the principle dwelling. 5. The applicant is aware that the unit must meet all applicable building codes to be occupied and that the Building Division and Fire Department will also be inspecting the unit for compliance with all applicable building and fire codes. 6. The house is served by public water and private on-site septic and is in an identified Wellhead Protection Overlay District. The proposal has been reviewed by Thomas McKean, Health Director, and he has approved the use of the existing on-site septic system for.a total number of three (3) bedrooms. 7. On March 3, 2005 the applicant signed an Accessory.Affordable Housing Program Agreement' Affidavit that commits, upon the receipt of a Comprehensive Permit;to.the recording of a Regulatory Agreement and Declaration of Restrictive*Covenant t the Barnstable Registry of Deeds. That document restricts the unit in perpetuity as an affordable rental unit and requires that the dwelling be owner-occupied as his year-round residence. 8. The applicant understands that the affordable unit will be rented to a person or family whose income is 80%o.,or less of the Area Median Income (AMI) of.Barnstable-Yarmouth Metropolitan Statistical Area(MSA) and further agrees,that rent (including utilities) shall not exceed 30% of the monthly household income of a household earning 80% of the median income, adjusted by household size. In the event that utilities are separately metered, the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 9. According to the Massachusetts Department of Housing and Community Development, as of July 27, 2005,6.3% of the town's year round housing stock qualifies as affordable housing units. The town has not reached the statutory minimum of affordable housing under MGL Chapter 40B Section 20-23 or its implementing regulations. The Town of Barnstable's Local Comprehensive Plan ' 2 encourages the use of existing housing to create affordable units and the dispersal of•these units throughout the town. Finding Summary: f . Based upon the findings, the Hearing Officer ruled that the applicant has standing to apply for an affordable housing Comprehensive Permit under MGL Chapter 40B and the Town of Barnstable's - Accessory Apartment Program. The proposal is als6 deemed consistent with local needs because it adequately promotes the objective of providing affordable housing for the town of Barnstable without jeopardizing the health and safety-of the occupants provided all conditions of the Comprehensive Permit .. I . are strictly followed. Ruling and Conditions: Based upon the findings,a ruling was made to grant the'Comprehensive Permit in accordance with MGL Chapter 40B to the applicant, James S. Albrecht. It is issued to allow for the creation of a studio " affordable housing unit in accordance with the following conditions: 1. Occupancy of the affordable unit shall not exceed one person. 2. The property owner shall occupy the principal dwelling as his year-round residence. 3. This unit shall not be occupied by'a family member of the owner(s). 4. The total number of bedrooms on the property shall not exceed three (3). 5. All parking for the accessory apartment and the.main dwelling shall be on-site: L '' 6. To meet the requirements of affordability;the cost of housing (including utilities) shall not exceed , 30% of 80% of the median income for a single individual for the Barnstable-Yarmouth MSA: In the event that utilities are separately metered,the utility allowance established by the town of Barnstable shall be deducted from rent level so calculated. 7.All.leases shall have a minimum term of one year... 8. The Office of Community and Economic Development shall serve as the monitoring agent for the accessory apartment. 9. The applicant must apply fora building permit for the accessory unit, whether the unit is new or pre-existing. Before securing an occupancy permit and certificate of compliance, the Building Commissioner.must determine that the unit conforms with the approved-plans as submitted-with the building permit application and meets state building and fire'codes. The Health Division must t determine that the dwelling is in compliance with applicable on-site wastewater discharge requirements. 10. The applicant may select his.own tenant,provided the tenant meets the requirements of the program as cited above and provided that person's income is reviewed and approved by the Office of Community &Economic Development of the town of Barnstable as a qualified individual. The applicant will be required to work with the town to provide information necessary to document that the tenant qualifies.. The unit shall be rented on an open and fair basis to an income eligible 3 individual or family. Whenever a vacancy occurs, notice must be given to the Office of Community . &Economic Development and the unit must be listed with the Town. 11. Every twelve months the applicant shall review the income eligibility of the individual occupying the unit. No-later than a year from the date of issuance of this Comprehensive Permit shall the applicant file with the Office of Community &Economic Development of the town of Barnstable an annual affidavit listing the rent charged and income level of the occupant of the unit. The applicant shall provide the town any additional information it deems necessary to verify the information provided in the affidavit. Upon any report from the town that the terms and conditions of this'permit, are not being upheld, the Zoning Board of Appeals or it's Hearing Officer shall have the ability to hold a hearing to show cause as to why this permit should not be revoked. 12. This Comprehensive Permit shall not be transferable to any other person or entity without the prior approval of the Hearing Officer or Zoning Board of Appeals. This decision,the Regulatory Agreement and Declaration of Restrictive Covenants and all other necessary documents.shall be filed at the Barnstable County Registry of Deeds. If the ownership of the property is transferred, the Office of Community &Economic Development of the town of Barnstable shall be notified within 60 days the name and address of the new owner. 13. This Comprehensive Permit must be exercised and the. unit occupied within ,12 months of its issuance or it shall expire. 4 Ordered: Comprehensive Permit 2005-057 has been granted with conditions. A written copy.of this decision shall be forwarded to the Zoning Board of Appeal as required by Chapter 241, Section 1 l*of the Town=of Barnstable Administrative Code. If after fourteen (14) days from that transmittal the members of the Zoning Board of Appeals takes no action to reverse the decision, this decision shall become final and a copy shall be the filed in the office of the Town Clerk. Appeals of the final decision, if any, shall be made to the Barnstable Superior Court pursuant to MGL. Chapter 40A, Section 17,;within twenty(20) days after the date of the filing of this decision in the office of the Town Clerk. The applicant has the right to appeal this decision as outlined in MGL.Chapter 40B, Section 22. In accordance with"Chapter 241, Section 11 of the Town of Barnstable Administrative Code, the hearing . officer transmitted a written copy of the Comprehensive Permit decision to the Zoning Board of Appeals on July 27, 2005. Fourteen (14) days have,elapsed since the transmittal to the Board, and no Board Member has taken action to reverse the decision. G i Nightingale, 4aring,Ouer Date Signed 1 Linda Hutchenrider, Clerk of the Town of Barnstable,Barnstable County,Massachusetts,hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal.of the decision has been filed in the office of the Town:Clerk. Signed and sealed this day of under the pains and penalties.of'perj.ary. Linda Hutchenrider,Town Clerk t , 5 Bk 20927 P:u 327 -23752 04-20-20136 10 = 12cx REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS.. THIS REGULATO Y AGREEMENT and'DECLARATION OF RESTRICTIVE COVENANTS,is made this rday ofItY41 L _,204 by and between James S.Albrecht of 369 Mitchell's Way,: Hyannis MA 02601 and its successors and assigns (hereinafter the "Owner"),and the TOWN OF` BARNSTABLE (the "Municipality'),a political subdivision of the Commonwealth; WHEREAS the Owner has been granted a*Comprehensive Permit under Massachusetts General Law Chapter. 40B and local regulations by the Zoning Board of Appeals to permit the creation of an accessory apartment in an owner occupied dwelling which will be rented to.a Low or Moderate.Income Person/Family(hereinafter . "Designated Affordable Unit"); and NOW THEREFORE,in mutual consideration of the agreements and covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree a as follows: I. PROJE Cr SCOPE"AND DESIGN: The terms of this Agreement and Covenant regulate the property located at 369 Mitchell's Way, Hyannis MA . 02601 as further described in deed recorded herewith as Barnstable County Registry of Deeds Book 19569, Page 150. B. The Project located at 369 Mitchell's Way, Hyannis MA 02601 will consist of one accessory apartment unit which will be rented to an eligible low or moderate income individual or family(the "Designated Affordable Unit" or the"Unit;') C The Owner agrees to construct the Project in accordance with the terms of comprehensive permit Appeal No:2005-057 and any plans submitted therewith and all applicable state, federal and municipal laws and regulations. Said permit is recorded herewith as Barnstable County Registry of Deeds Book Page D. The Owner agrees.to occupy the principal dwelling unit located on the property as his year round residence in accordance with the terms of the comprehensive permit. II. THE OWNER'S COVENANTS AND RESPONSIBILITIES: A. THE OWNER HEREBY REPRESENTS, COVENANTS AND WARRANTS AS FOLLOWS: 1 In receiving the comprehensive permit to create the Designated Affordable unit,the'Owner agreed that the Designated Affordable Unit shall be set aside in perpetuity for the public purpose of providing safe and . decent housing to persons earning at or below 80% of the area median income of Barnstable-Yarmouth Metropolitan Statistical Area(MSA)and that the Designated Affordable Unit shall be deemed to be impressed with a public trust. The Designated Affordable Unit shall be rented in e e 2• g p rp tuityto a household with a maximum income of 80% of the Area Median Income (AMl) of Barnstable-Yarmouth MSA and that rent (including utilities) shall not exceed an amount that is affordable.to a household whose income is 80% of the median income of Barnstable- Yarmouth MSA- In the event that.utilities are separately metered, a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent level. 3. The Designated Affordable.Unit will be retained'as a permanent,year round-rental dwelling unitwith at least a one-year lease. 4. The Owner has the full legal right,power and authority to execute and deliver this Agreement: 5. The execution and performance of this Agreement by the Owner will not violate or, as applicable,has not violated any provision of law, rule or regulation, or any order of_any court or other agency or governmental body,and will not violate or,as applicable,has not violated any-provision of any indenture, agreement,mortgage, mortgage note,or other instrument to which the Owner is a parry or by which it.or the Owner is bound,will not result in the creation or imposition of any prohibited encumbrance of any nature. 6. The Owner,at the time of execution and delivery of this Agreement,has good,clear.marketable title to the premises. 7. There is no action,suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Owner,threatened against or affecting it,or any of its properties or rights,which,if adversely determined,would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. B. COMPLIANCE The Owner hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. _ .. C. LIMITATION ON PROFITS 1. The Owner agrees to limit his/her profit by renting the Designated Affordable Unit in perpetuity to a household with a maximum income of 80% or less of the Area Median Income'(AMI) of Barnstable-Yarmouth . Metropolitan Statistical Area (MSA) and that rent (including utilities) shall not exceed an amount that is affordable to a household whose income is 80% of-the median income of Barnstable-Yarmouth MSA. In the event that utilities are separately metered,a utility allowance established by the Barnstable Housing Authority shall be deducted from the rent. 2. The Owner shall annually deliver to the Municipality and to the Monitoring Agent,as designated.by the Town Manager,proof that the Designated Affordable Unit is rented,the tenant's income verification,'a copy of the lease agreement and the rent charged for the unit or units. Such information shall.also be forwarded to the Monitoring Agent within 30 days of the occupation of the dwelling unit or units by a new tenant. The Owner shall notify the Monitoring Agent,as designated by the Town Manager,within thirty(30)days of the date that a tenant has vacated the Designated Affordable Unit. IV. MUNICIPALITY COVENANTS AND RESPONSIBILITIES 1. The MUNICIPALITY,through the monitoring agent designated by the Town Manager agrees to perform the duties of verifyi.ng.that the Designated Affordable Uriit is being rented in perpetuity to a household with a maximum income of 80% or less of the Area Median Income (AMI) of Barnstable-Yarmouth MSA and that rent(including utilities) shall not exceed an'amount that is affordable to.a household whose income is 80% of the median income of Barnstable-Yarmouth MSA.In the event that utilities are separately metered,a utility ..—.nallowance established by the Barnstable Housing Authority shall be deducted from the rent. V. RECORDING OF AGREEMENT: Upon execution,the OWNER shall immediately cause this Agreement and'any amendments hereto to be recorded with the Registry of Deeds for Barnstable County or,if the Project consists in whole or in part of registered land,file this Agreement and any amendments hereto^with the Registry District of the Barnstable Land Court (collectively hereinafter the "Registry of Deeds"),and the Owner shall pay all fees and charges_incurred in connection therewith. Upon recording or filling,as applicable,the Owner shall immediately transmit to the - Municipality evidence of such recording or filing including the date and instrument,book and page or 2 a : registration number of the Agreement. VI GOVERNING OF AGREEMENT: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity.of any clause,part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE: All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail,postage prepaid;return receipt requested,to the parties hereto at the addresses set forth below,or to such other place as a party may from time to time designate by written notice. IX. HOLD HARMLESS: The Owner hereby agrees to indemnify and hold harmless the Municipality and/or its delegate from any and all actions or inactions by the Owner,its agents,servants or employees which result in claims made against Municipality and/or its delegate,including but not limited to awards,judgments,out-of-pocket expenses and attorney's fees necessitated by such actions. X. ENTIRE UNDERSTANDING: A. This Agreement shall constitute the entire understanding between the parties and any amendments or changes hereto must be in writing,executed by the parties,and appended to this document. B. This Agreement and all of the.covenants, agreements and restrictions contained herein shall be deemed to be for'the .public purpose of providing safe affordable housing and shall be deemed"to be; and.bythese presents are,granted by the Owner to run in perpetuity in favor of and be held by the Municipality as anyother permanent restriction held by a governmental body as that term is used in MGL.Ch. 184, Section 26 which shall run with the land described in deed recorded herewith as Barnstable County Registry of Deeds Book 19569, Page 150 and shall be binding upon the Owner and all successors in title . This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquiring of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in deed _recorded herewith as Barnstable County Registry"of Deeds Book 19569.Page 150: XI. TERM OF AGREEMENT: The term of this Agreement shall be perpetual,provided,however,that the Owner of a Designated _:.-affordable Unit or Units may voluntarily cancel the granted Comprehensive Permit and the terms and' restrictions imposed herein. Such cancellation shall only take effect after: 1) expiration of the lease terms entered into between the Owner and Tenant occupying said unit and 2) notification by the Owner of said dwelling to the Zoning Board of Appeals of his/her desire to cancel the Comprehensive permit upon a date' certain and the recording of said notice at the Barnstable County Registry of Deeds or Barnstable County Registry of the Land Court as the case'maybe,thus rendering said Comprehensive Permit void. Upon the cancellation of the comprehensive permit,the property which.is the subject matter of this restrictive covenant shall revert to the use permitted under zoning and the restrictive covenant shall be rendered void. 3 XII. SUCCESSORS AND.ASSIGNS: A The Parties to this Agreement intend,declare,and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in.this Regulatory Agreement and the attached comprehensive permit. B. The Owner intends,declares,and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants,agreements and restrictions contained herein sl all be 7and are covenants n,nning with the land,encumbering the Project for the term of this Agreement,and are binding upon the Owner's successors in title, (ii) are not merely personal covenants of the Owner, and(1) shall bind the Owner,its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. I XIII.• DEFAULT: If any default,violation or breach by the Owner of this Agreement is not cured to the satisfaction of the. Monitoring Agent within thirty(30) days after notice to the Owner thereof,then the Monitoring Agent may send notification to the Municipality that the Owner is in violation of the terms and.conditions hereof. The - ' Municipality may exercise any remedy available to it. The Owner will pay all costs and expenses,including legal fees,incurred by the Monitoring Agent in enforcing this Agreement and the Owner hereby agrees that the Municipality and the Monitoring Agent will have alien on the Project to:secure payment of such costs and expenses. The Monitoring Agent mayperfe&such alien on the Project byrecording a certificate setting forth, the amount of the costs and expense due and owing in the Registry of Deeds or the Registry of the District Land Court for Barnstable County. A purchaser of the Project or any portion thereof will be liable for the payment of any unpaid costs and expenses that were the subject of a perfected lien prior to the purchaser's acquisition of the Project or portion thereof. ; NV. MORTGAGEE CONSENT: r The Owner represents and warrants that it has obtained the consent of all existing mortgagees of the,Project to the execution and recording of this.Agreement and.to the terms.and conditions hereof and that all such mortgagees have executed consent to this Agreement. IN WITNESS WHEREOF,we hereunto set our hands and seals this L1ay of I L 20c�. OWNER BY: DAMES S. ALBRECHT COMMONWEALTH OF MASSAC HUSETTS _ County of Barnstable,ss: n this y of 2?dh bef ore me,the undersigned notary public,personally appeared Aw the Owners) proved to me through satisfactory evidence of id f fication, 'ch were6 ,to be the person(s) whose namis signed on the preceding or attached document and-acknowledged to be that he/she signed it voluntarily for the stated purposes. Notary Pu c Printed: My Commission Expires: Et.IZ46ETH ANN O LLEN T;}, Notary Public t Commonwealth of Massachusetts '. fly Commission Expires October 27, 2011 TOWN OF BARNSTABLE BY: TOWN MANAGER COMMONWEALTH OF MASSACHUSETTS County of Barnstable,ssi On this 19 dayof kh;� 20dobefore me,the-undersigned notary public,personally appeared the Town Manager for the Town of Barnstable,proved to me through satisfactory evidence of identification,which were. 4 `';to be the person whose name is signed on the preceding or attached document and ac o le ed.to be at he/she signed it voluntarily for the stated purposes. No Public Printed: Gh I Pe/n r (aAcIe My Commission Expires: 03 -,?0'6 k . OFFIGAL SEAL SHIRLEE MAY OAKLEY_ t NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS my CWM Expires 3/28/2008 l 5 �oFtTq,,, Town of Barnstable sAxivsrnsLe, : Regulatory Services 9� 1639. .m� Thomas F. Geiler, Director Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA02601 Office: 508-862-4038 Fax: 508-790-6230 November 26, 2007 Mr. James S. Albrecht 369 Mitchell's Way Hyannis, MA 02601 Re: Proposed Accessary Affordable Apartment Dear Mr.Albrecht: We have received the extension to January 10, 2008 of the Regulatory Agreement and ` Comprehensive Permit for the accessory affordable apartment at your address. As you know, a building permit is required whether the unit is new or pre-existing. We look forward to receiving your building permit application for the apartment. Please call me if you have any questions regarding the building permit process. Sincerely, Lois Barry Division Assistant cc: Linda Edson Jo Ann Buntich Jamnext Barry, Lois To: Taylor, Madeline Subject: Extensions Maddy, Thanks for the 3 extensions. Two of them, 369 Mitchell's Way and 551 Lumbert Mill Rd., have not pulled building permits. I sent letters reminding them of the building permit requirement--to 369 Mitchell's Way on 4/27/06 and to 551 Lumbert Mill Rd. on 10/17/06. Are you working with them on the building permit paper work? Do you know when we can expect the building permit applications? Lois 1 Town of Barnstable 1 swuvsrns�. Regulatory atory Services �W 1639. A.•� Thomas F. Geiler,Director �fD A1A'1 Building Division Tom Perry Building Commissioner 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 April 27, 2006 James S. Albrecht 369 Mitchell's Way Hyannis, MA 02601 Re: Proposed Accessory Affordable Apartment 369 Mitchell's Way, Hyannis Dear Property Owner: We have received the recorded Regulatory Agreement and Comprehensive Permit for the accessory affordable apartment to be created at the above-referenced address. A building permit is required whether the unit is new or pre-existing. We look forward to receiving your building permit application for the apartment. Please call me if you have any questions regarding the building permit process. Sincerely, Lois Barry Division Assistant J040616a WE The Town of Barnstable sniwsrnais, Office of Community and.Economic Development 230 South Street Hyannis,MA 02601 Kevin Shea Office: 508-8624678 Director Fax 508-8624782 March 3,2005 - Mr.John C.Klimnr,Town Manager Gary R.Brown,Town Council President Barnstable Town Hall 367 Main Street Hyannis,MA 02601 w Re: Jim Albrecht-z369_-Mitchell's-Way,.Hyannis,- a single-family accessory unit Christina Kelley- 31 Keela Road, Cotuit- a single-family accessory unit Gentlemen: This letter is to inform you that the Accessory Affordable Housing(Amnesty] Program has received requests for project eligibility letters under the Community Development Block Grant (CDBG) Fund and under the General Ordinances of the Town of Barnstable,Article LXV.- Pre-existing& Unpermitted Dwellings and the Criteria for the Local Chapter 40B Program The Program Coordinator is reviewing the requests.If the Town has any comments on the projects, please forward them to me so that they can be addressed in the site approval letter. This letter gives you official notice of our receipt of the above application(s). We will issue a decision as to the acceptability of the sites and the consistency of this development within the guidelines of CDBG. Sinc rely d Kevin Shea,Director Community&Economic Development cc: Town Attorney's Office Building Department Public Health Department Floor frC�:OAVI\�Ok Pick"e\ 1.4 . t ` t e 00, o i 'mot ' PlTY00. UtZ An � . L--C. 1 V0.00,00 IJ YIct, . 5�j .. �4 760 k 4 &ILA WOW -Vh tt � � � t ®rw� 1 WLfC,,Lvtel h , Floor. �l Are �d 1 �v R aL NIEW SMOKE DETECTOR RE UIREMO A ARE NOW LAW. EVEN THE ADDITION NEW BEDROOM WILL TRIGGER AN UPGRADE OF THE SMOKE DETECTORS FOR THE WHOLE HOUSE. YOU MUST PLAN-ACCORD-I.N(WV APED HAVE Ei.ECTRiCU4N TAKEYHE APPROPRIATE P E�nr SMO-;r C OR ®. ' BARNSTABLE BUILDING DEPT. as ° imago&it---2..S 4 Gow Ll j r a �4 Mat a �Qdsz�K.s1c' (Z�scclavue _ or.[av - ---- _- -__:_ yy ------- 16 --� AdJ 2 0 c tcse"r C FUSE TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Parcel A// Permit# Health Division °Dwo (e 4� s15L Date Issued Conservation Division /O 3 Application Fee Tax Collector Permit Feely / Treasurer SEPTIC SYSTEM MUST BE Planning Dept. INSTALLED IN COMPLIANCE WIT9 TITLE 6, Date Definitive Plan Approved by Planning Board ENVIRONMENTAL CODE AND Historic-OKH Preservation/Hyannis Project Street Address .3(o CI m 4ck-el)S UJ 14 y Village /GtvlH(5 Owner ZGklwa a. fllujA_-4k �i2Osz!qtiSL4' Address 3(cl ✓1 t4CJ 15 LL) � sOff' TelephoneZ/��3pp2aac�l i 1 Permit Request �c„ /-1c.0 4n L9 0 Square feet: 1st floor: existing SOS proposed 3R 2 2nd floor: existing proposed Total new t?Y)n Zoning District Flood Plain Groundwater Overlay Project ValuatiorA ,SC3' Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family C/ Two Family ❑ Multi-Family(#units) v Age of Existing Structure 410 Historic House: ❑Yes 0 No On Old King's Highway: O Yes 0 No j Basement Type: ❑Full trawl 0 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 Ll Heat Type and Fuel: M Gas ❑Oil fff Electric ❑Other Central Air: ❑Yes ❑No Fireplaces: Existing Newer Existing wood/coal stove: ❑Yes 2190, Detached garage:❑existing ❑new size Pool:0 existing ❑new size Barn:❑existing O new size Attached garage:❑existing ❑new size Shed:0 existing ❑new size Other: Zoning Board of Appeals Authorization ❑ Appeal# Recorded O Commercial ❑Yes ❑ No If yes,site plan review# Current Use Proposed Use (� Q BUILDER INFORMATION .Name sW Telephone Number 50ii` 7Z1 - Z3Z� Address 3(Qcl do 6WM OS l &/ j License# LL G(.0. s ' MO ' O ZC00 I Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO 6q6azgr_CFS /1&x iK q .SIGNATURE cl� DATE 710�1 ZGc�� FOR OFFICIAL USE ONLY t . PERMIT NO. DATE ISSUED ' MAP/PARCEL NO. - ADDRESS VILLAGE - r OWNER • r DATE OF INSPECTION: FOUNDATION FRAME , INSULATION 1 FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH -- FINAL_ GAS: ROUGH t ; ' _ FINAL,. { FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN)NO' = '" r r Ms f ---__ The Commonwealth of Massachusetts = Department of Industrial Accidents Office ofloivesffoadoos 600 Washington Street �} Boston,Mass. 02111 Workers' Com ensation Insurance Affidavit i A name: �\ /-�• V Z C I �. location: city I am a homeowrier performing all work myself. ❑ I am a sole P netor and have no one workin in ca achy r ' compensation for employees workin on this 'ob. ❑ I am an employer providing worke..5........ ......................... ':.:,::: g nam `ZitanY i'A it R. iAdiii*l x. :: : one: ;: >::<: �ristivance ❑ I am a sole proprietor,general contractor, or homeowner(circle one)and have hired the contractors listed below who have the following workers'compensation polices: cunoariv n ............ .................:::. :. :.. ...................... ............ .......:::::::.:..::::.................... ::.:..:...............:....... >of one: ; '; ::;:::;f r...:. ...................... {..: lrrinran oh . ............... address.:.... ....... ... }� ti lion »z: :• X. nsurance:co�• :::.:::.:.:...,.:.::..::.:;...:;:..... ,:.:::........:....... ... . ........ oli #::»::::::>:<}:><: 22:0 Failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties of a fine nil to$1,500.00 and/or one years'imprisonment as well as dvfi penalties in the form of a STOP WORK ORDER and a fine of 5100.00 a day against me. I understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. I do hereby certify under the pains aldtpenalties of perjury that the information provided above is true.and correct Signature / - Date s �� Print name U�.t e.�►G.•-�� 14' /t'_u Sz H >&J Phone# O `77/- Z3Z'7 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 chedtif immediate response is required ❑Selectmen's Office ❑Health Department contact person: phone 0; ❑Other ormad 9195 PJA) Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their °° employee is defined as eve person in the service of another under any contract quoted from the "law", an employ every p employees. As qu , of hire, express or implied, oral or written. 1 " j .An employer is defined as an individual, partnership, association,r6orpo'ration-or other legal'entity,-or any two or more of the`foreg6mg-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 �a>>, Please fill in the workers' compensation affidavit completely,by checking the box that applies to your situation and supplying 1 ' company names, address and phone numbers along with a certificate of insurance as all affidavits may be 3 , submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and A. 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. 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 permit/license number which will be used as a reference number. The affidavits maybe returned io 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 Department's address,telephone and fax number: ' The Commonwealth Of Massachusetts Department of Industrial Accidents 0mce of Investluatlons 600 Washington Street Boston, Ma. 02111 fax#: (617) 727-7749 phone#: (617) 727-4900 ext. 406, 409 or 375 P��pZHE lo�ti Town of Barnstable Regulatory Services HAMSTA$L ' Thomas F.Geiler,Director MASS 9`bAr0 pip'°� Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Permit no. Date AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL c. 142A requires that the"reconstruction,alterations,renovation,repair,modernization, conversion, improvement,removal, demolition,or construction of an addition to any pre-existing owner-occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors,with certain exceptions, along with other requirements. pp re!W � 0Type.of Work: �CJ'DW1A � tb K Estimated Cost Address of Work: 1t kk (S QCLLA Owner's Name: CCM" d— c �1'Z _. 3 �k ;P✓ZVsr_ Date of Application: Ili t CL S 2M C� 3 I hereby certify that: Registration is not required for the following reason(s): []Work excluded by law ❑Job Under$1,000 EIB_t4ldirg not owner-occupied caner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME Ry1PROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c.142A. SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Date Contractor Name Registration No. S Z&a 3Z5-.�Z=tx Date Owner's N e RESIDENTIAL BUILDING PERMIT FEES APPLICATION FEE New Buildings;Additions $50.00 Alterations/Renovations $25.00 Building Permit Amendment $25.00 FEE VALUE WORKSBEET NEW LIVING SPACE —,.�--square feet x$96/sq.foot= �3 Z x.0031= plus from below(if applicable) ALTERATIONS/RENOVATIONS OF EXISTING SPACE square feet x$64/sq.foot= x.0031= plus from below(if applicable) GARAGES(attached&detached) square feet x$32/sq.ft.= x.0031= ACCESSORY STRUCTURE>120 sq.ft. >120 sf-500 sf $35.00 >500 sf-750 sf 50.00 >750 sf- 1000 sf 75.00 >1000 sf-1500 sf 100.00 >1500 sf-Same as new building permit: square feet x$96/sq.foot= x.0031= STAND ALONE PERMITS Open Porch x$30.00= (number) . Deck x$30.00= (number) . Fireplace/Chimney x$25.00= (number) Inground Swimming Pool $60.00 Above Ground Swimming Pool $25.00 Relocation/Moving $150.00 (plus above if applicable) Permit Fee 730 CMR AppaxUx J Table 33.ZIb(contiaued) pmcriptive Paeiugei for doe and Two-Fatuity Residential Buildings Hated with F0asi1 Fuels MAXIMUM MINIMUM Glazing Glazing Ceiling Walt Floor Basemeai Slab Heating/Cooling Equipment Eflidea Area'('/a) U-value= R valuer R-value R-val=' Wall Prsirnewr R-value R value' Package 5/01 to 6500 Heating Degree Days' Q 12`/. 0.40 38 13 19 10 6 Nomsal 6 Normal R 12% 0.52 30 19 19 10 83 AFUE S 12% 0.50 38 13 19 10 6 T 15% 036 38 13 23 N/A __!!LA_ Normal U 15% 0.46 38 19 19 10 6 Normal V 15% 0.44 38 13 25 N/A N/A 85 AFUE W 15% 0.52 30 19 19 10 6 85 AFUE X 18'/. 032 78 13 25 N/A NIA Normal y l8% 0.42 38 19 25 NIA NIA Normal 19% 0.42 38 13 19 10 6 90 AFUE AA 18% 0.50 30 19 19 10 6 90 AFUE 1. ADDRESS OF PROPERTY:2. SQUARE FOOTAGE OF ALL EXTERIOR WALLS: S 1 2 3. SQUARE FOOTAGE OF ALL GLAZING: [ 4. %GLAZING AREA(#3 DIVIDED BY#2): S. SELECT PACKAGE(Q--AA-see chart above): NOTE: OTHER MORE INVOLVED METHODS O INFORMATION. DETERMINING ORGY REQUIREMENTS ARE AVAILABLE. ASK US FOR THIS BUILDING INSPECTOR APPROVAL: - YES: NO: q-forms-5 80303 a 780 CMR Appendix J Footnotes to Table J�.2.1b: I Glazing area is the ratio of the area of the glazing assemblies (including sliding-glass doors, skylights, and basement windows if located in walls that enclose conditioned space, but excluding opaque doors) to the gross wall area, expressed as a percentage. Up to 1%.of the total glazing area may be excluded from the U-value requirement. For example,3 ft of decorative glass may be excluded from a building design with 300 it'of glazing area. d and documented by the manufacturer in accordance with � z After January 1, 1999, glazing U-values must be tested the National Fenestration Rating Council (NFRC) test procedure, or taken from Table JI.5.3a. U-values are for whole units: center-of-glass U-values cannot be used. The ceiling.R-values do not assume a raised or oversized truss construction. If the insulation achieves the full insulation.thickness over the exterior walls without compression, R-30 insulation may be substituted for R-38 insulation and R-38 insulation may be substituted for R-49 insulation. Ceiling R-values represent the sum of cavity insulation plus insulating sheathing (if used). For ventilated ceilings, insulating sheathing must be placed between the conditioned space and the ventilated portion of the roof. 4 Wall R-values represent the sum.of the wall cavity insulation plus insulating sheathing (if used). Do not include exterior siding, structural sheathing, and interior drywall. For example, an R-19 requirement could be met EITHER by R-19 cavity insulation OR R-13 cavity insulation plus R 6 insulating sheathing. Wall requirements apply to wood-frame or mass(concrete,masonry, log)wall constructions,but do not apply to metal-frame construction. S The floor requirements apply to floors over unconditioned spaces (such as unconditioned crawlspaces, basements, or garages).Floors over outside air must meet the ceiling requirements. The entire opaque portion of any individual basement wall with an average depth less than 50%below grade must meet the same R-value requirement'as above-grade ,walls. Windowi and sliding glass doors of conditioned basements must be included with the other glazing. Basement doors must meet the door U-value requirement de-scribed in Note b. � `-� =°� '-; '�; `= �."' �,�..:i • �., 'The R-value requirements are for unheated slabs.Add an additional R=2 for heated slabs. ' If the building utilizes electric resistance heating use compliance approach 3;4, or 5. If you plan to install more than one piece of heating equipment or more than one piece of cooling equipment, the equipment with the lowest efficiency must meet or exceed the efficiency required by the selected package. For Heating Degree Day requirements:df de closest city or town see-Table J5.2.1a NOTES: a) Glazing areas and U-values'are-maxini='acceptable levels. Insulation R-values are minimum acceptable levels. R-value requirements are for insulation only and do not include structural components. b) Opaque doors in the building envelope must have a U-value no greater than 0.35. Door U-values must be tested and documented by the manufacturer in accordance with the NFRC test procedure or taken from the door U-value in Table J1.5.3b. If a door contains glass and an aggregate U-value rating for that door is not available, include the glass area of the door with your windows and use the opaque door U-value to determine compliance of the door. One door may be excluded from this requirement(i.e.,may have a U-value greater than 0.35). c)If a ceiling,wall, floor,basement wall,slab-edge, or crawl space wall component includes two or more areas with different insulation levels,the component complies if the area-weighted average R-value is greater than or equal to the R-value requirement for that component. Glazing or door components comply if the area-weighted average U- value of all windows or doors is less than or equal to the U-value requirement(0.35 for doors). 43 The Town of Barnstable Regulatory Services Thomas F. Geiler, Director Building Division Tom Perry, Building Commissioner 200 Main Street,Hyannis MA 02601 Office: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION Please Print DATE: ""? '/ 70B LOCATION: \ V"` T Q ( 4 S �^'�C C-I number streetvillage "HOMEOWNER": delc4cA#, Prtve>z�t4c,- _56k'7T("Z G327 509- vgee-`jade 6-4- name home phone# -work phone# CURRENT MAILING ADDRESS: ttit r�c.P�►`el�s t c.W cc Ln 7 city/town state zip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside, on which there is, or is intended to be, a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such"homeowner"'shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be resRonsible for all such work performed under the building_permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said proc�`�res and requirpm is Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building pemut is required shall be exempt from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed'Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community. 00�� U c. •Ln� ;'VS%25,E 8�� � m� • , n I� I C4 9 c)'' 010 00 10 oe . 5 .x- ¢ ° 3 .r.r+.�,e.n�.+.......:uw..s..-..........-+_.«...Wwr^^.yam.-..n.e............wmr+.m: :::-...w......:.._.n....:..r..,:...v..._.�_.._.._...........,_�i:w,�............�.._�..»...., ..._....v..-..,,_.r ........... ..n.. ."................. .....:..,... �p�'+ �...... ....., ... ..._.........n....,.....wc..MFuw.. .' i A . �ebr c4 A ST E 1�". ,•• 2040 d { !j s Z�YQIP •�.a-�i ,a � �"" t s A a t r `." �, f f C,`.1. Y�'� �,,, *y �x '� ` . t A 144 Ra. *gA 4 Ty t, Cywwa.'rsma3 Y .-+.-:�.�••-n."-c-.n...-rn..-.e.-�.i-+�.-..__. .....�....._-.... __�,�"�_�."_.�-�...- -..�,��-.�. .^.-+ -�_ e.,-...nn.. ..-.......�.en.n:.ne.+u�.w....ravvnw ...vmr-n.0 v....n.�.....� .-n...:rrvr-r u 4.c.. ..." f "' \� "4 saes .•�'� — — - ..._.,....._...+ ��6���\ tea y,,-'�• ��� > � � "' �� ' .>�� 0 C.. ........................... N + 1),m•: Z ,a 4 i��A/ � :�F f .r. ,. ''° �.Ly:�dn� \. 4` .J a, ♦. � ,, ra Ap NEW SMOK E DET ECTOR R RE QUIRE UtRE M E NTs EVEN THE ADDITION OF A ARE NOW LAW , AN - NEW BEDROOM WIL L TRIGGER OF THE SMOKE DETECTORS UPGRADE.. :OL".E... _.. YOU.,NdUST USE._.: . FOR THE ® YOUR G ° AND HAVE YO A rfAND I,N EL 1 1 AkE ;VT114t ►PPROPRIATE` TM ENT. PERMIT AT THE FIRE DEPART S MO E DETECTORS O.K. - 6 E BUILDING ®€PT: � � w'° to ao Cr 4 II s r r Town of Barnstable Planning Department Staff Report Appeal Number 1999-32-MitchellMoodruff Special Permit Pursuant to Section 4-4.2 Nonconforming Lots Date: March 08, 1999 To: Zonin Board of A eals From: Approved By: Robe P. nlg, Director Reviewed By: Art Traczyk, Principal Planner Drafted By: Alan Twarog, Associate Planner Petitioners: ..:Carol Mitchell and Arlene Woodnaff'� Property Address: 369 Mitchell's Way,.Hyannis—,- Assessors Map/Parcel: Map 291, Parcel 013 Area: 0.33 acre Zoning: RB Residential B Zoning District Groundwater Overlay: WP Well Protection District Filed:January 25, 1999 Hearing:March 17, 1999 Decision Due:June 24, 1999(includes a 60-day extension) Background: The property that is the subject of this appeal consists of a 0.33 acre'lot'(approximately 14913 sq. ft.) commonly addressed as'369 Mitchell's Way, Hyannis .The site.is'improved with a'Single-family residential dwelling. It is located in a RB Residential B Zoning District, which has a•minimum one.acre lot size requirement. The property is currently nonconforming with regard to lot size, being only 0.33 of an acre. Through adverse possession, a portion of the applicants' property (approximately 630 sq. ft.) is going to the abutting lot to the north, owned by John K., III &Carol Rice. The conveyance of this land creates a more nonconforming lot. The subject lot will be reduced in area from 14,913 sq. ft. to 14,283 sq. ft. (a reduction of about 4%). The abutting lot to the north, also nonconforming with regard to lot size, will increase.in area from 15,329 sq. ft. to 15,959 sq. ft. This lot is also developed with a single-family residential dwelling. The applicants are applying for a Special Permit pursuant to Section 4-4.2, Nonconforming Lots, to legitimize the increased nonconformity of the subject lot due to a portion of it being conveyed to the abutting lot to the north through adverse possession. Section 4-4.2(5), Merged Lots, states: "No lot, or portion thereof, may be changed or transferred in any manner that will increase the degree of nonconformity unless a special permit has first been obtained from the Zoning Board of Appeals. No such special permit may create any additional buildable lot(s)." Staff Review/Comments: Most of the lots in this area of Town are nonconforming with regard to lot size and have been developed with single-family residential dwellings. The property was subdivided prior to the adoption of Subdivision Rules and Regulations. � BTHE DMNG�P'BEING SOUGHT HAP DETERMINED BY THE ZONING '1'OWiR -airBARgSTABLE ENFORCEMENT OFFICER TO co Board of Appeals ning � BE APPROPR1=RELIEF GIVEN fHL.s4 1_3cstARE for a 9oecial Pe=mMCUMSTANCF.9 Date Recei Town Clerk' f' P offal #ce use on1. t 3ir - ddVV!! searing Date _ q Decision Due The undersigned h Permit, in the manner and �$ to the Zoning Board of Appeals for a Special for the reasons hereinafter set forth: �A _ P Applicant L- /V` I '• C � L. �� PP Name. L e,�j _ Applicant Address: bdA . Phone -7 7 / 3 �O Property Location: Property Owner: SNI —C;� -t1�c�aF-c Address of Owner: Phone � A Nj . SAM � XZ aPP��aae dttt ss tsaa ana r, state Data" of 3a!•s at+ r 1 Wn ber at .Teats anada Assessor-s Md. . p/Parcel IHmtber• ,�. Zonis trier Dis �.� g Groundwater Overlap District: special Permit Requested: A A3 Cite section T1- e o the Zoair=g .o Ce Description of Activity/Reason for Request: Z.t o F' P� C— E L /z IDGC �S/.ram ,�0 r S12-tPo Description of �oastr on:Activity (if applicable): --------------- - —/Zt Proposed Gross Floor Area to be Added: Altered: ' ..�.. Ezisting Level Of. Dsvelopmeu., f the P ert Present ose(s) : 7-r- Y Number of Buildings: J Gross Floor Area: U� sq. ft. r . APPlication for a special Permit Is the property located in an Historic District? Sf pes OKg Use only: Yes [.J No [� Plan Review Number Date Approved Is the building a designated Historic Landmark? No Sf Yes. Historic Preservation DecartmentsUse only• j Date Approved Have you applied for a building Permit?Has the Building Inspector refused a permit? Yes EJ No Yes [] No All applications for a special Pe process must be 'successfully c rant require an- s a proved site Plan. That to to the Zoning Board-of completed prior s a p rication �a For euildinc Deaartment Use only'.. f, � Not Required -.single Family [I Sitenfcz. Plan Review Number Date Approved Signature: The following information must be submitted with the. time of filing, failure. to application at the supply pd this may result. in aenial of your request: Three (3) copies of the c 'original si gnatures:- amPleted application fozm, 'each :with'` . Five (5) copies of a certified L" the dimensions of the land property survey (Plot plan) showing surrounding roadwa and all wetlands, water bodies and the land. the location of the existing Improvements on � Five (5) copies of a ptopO8ed aita improvement plan, I certified professional and approveed Sits P , drawn by a is required for all by the Site Plan Review Committee show the exact location a velopment activities. This plan must On, the land and to atructures.ll Posed improvements and alterations 4-7.5 of the ZoningSee Contents of site Plan-, section ordinance, for detailed requirements. The applicant may submit assist the Board in any a�'tf owl saPPorting documents to making its deteT'T111 Radon. Signature: G/(/ j • .Iic Date A e PP ants or Ag is gnature Agent, s Address: Phone SOk- �•�l���d J Fax No. Property Location. 369 NHTCHELLS WAY MAP LM 291/ 013/// Other ID: Bldg#: 1 Card 1 of 1 Print Date:03/03/1999 CHELL,C&WOODRUFF,A S escnp on o e ppra ue sense ue PANNIS, MITCHELLS WAY IDNTL 1010 35,00 35,00 801 MA 02601 IDNIL 1010 20 20 BARNSTABLE,MA s, a ccoun en - ax Dist. 400 Land Ct# er.Prop. #sR Life Estate DL 1 Notes: ISIO DL 2 Me AMMINNIMMIMM r. Gdae cress ue xr. o e ssess ue r. Code sense a OLLYMORE,GLADSTONE 1134/541 Q o 43JUI MoM LIM is signature ac w e ges-a—m-B by a Data CaUedor or Assessor Year typelvescnpizon Amount 4udde Ljejcnpaon um er mo omm, n Appraised Bldg.Value(Card) 35,000 Appraised XF(B)Value(Bldg) 0 Appraised OB(L)Value(Bldg) 200 ° Appraised Land Value(Bldg) 20100 MW .F � � . � : . : _ Special Land Value Total Appraised Card Value 55,300 Total Appraised Parcel Value Valuation Method: 55,300 a Cost/Market Valuation Net TotalAppraised aValue rernur zu Issue Date e fiescnPiton Insp.vare r-ommenu IwoselAesuif emo o 8/7/97 LK 01 eas/Est 10/1587 ML se o e escrnp ton zone Frontage Depra unitsm ce ac or ac oriYona. Aaj. I JVOIeJ-AajlYpMal MCIRf Aaj.Unit 1-nCe MEN ue julu Single am , 4 0 Property Location: 369 MITCHELLS WAY MAP ID: 291/ 013/// Other M: Bldg M 1 Card 1 of 1 Print Date:03/03/1999 Element escnptton Lommercial"ara zlemo-10181. e ypeI KanchElement esc p ton odel 1 Residential ea ade - - rams Type aths/Plumbing tones Story ccupancy 0 eiling(Wall oms/Prtns terior Wall 1 4 Wood Shingle /o Common Wall 2 Wall Height of Structure 3 Gableffilp ;Loof Cover 3 ph/F Gls/Cmp tenor Wall 1 5 Drywall 2 o e escnp ton ac or.emen terior Floor 1 4 arpet mp ex 1 2 1 eram Clay Til oor Adj nit Location , eating Fuel 6 yplcal 0 eating Type 2 loor Furnace umber of Units 12 C Type 1 one umber of Levels /o Ownership . edrooms 2 Bedrooms athrooms Bathroom € . 0 Full j. ,ase rate V �. 32 otal Rooms Rooms [dj. Adj.Factor .34203 ath Typede(Q)Index .96 YP Base Rate .40 tchen Styleg.Value New 1,467 r Built 957 Year Built 965l Physcl Dep 2cnl Obsinc n Obslnc f peel.Cond.Code pecl Cond% Code escn onPercentage, erall%Cond. to e a ec.Bldg Value 5,000 .gas o e c Description LIN Units Unit Price Yr. pr Value .Code Desenprion wtng rea ross rea Zff.Area Unit L.0srn eprec. Value tra oor 44,753 UBM Basement,Unfinished 0 606 121 11.0 6;70 LrroSsLiv1Lease Area autq JL,4Lq 921 BMg Val. Property Location: 38S NIITCHELLS WAY HY MAP ID: 2911' :014/// Other ID: Bldg#: 1 Card 1 of 1 Print Date:03/03/1999 es p on o ppra a ue sess a ue O BOX 233 IDNTL 1010 43,00 43,[US LAND 801 HYANNLSPORT,MA 02672 BARNSTABLE,MA cwun an Tax Dist. 400 Land Ct# er.Prop. M Li VISION DL 1 Notes: ': ' DL 2 o67,41U IN r. o sass Value r. ssess a ue r. secs a ue ANE,BERNICE D M-792 6394/084 Q ANE,BERNICE D 2541/ 4 Q 57 o o , inuagnautreacxnowmagesavutroyaApataLoucaororAmesser rear yp es ption Amountesc p n Number mo mm. Appraised Bldg.Value(Card) 43,000 Appraised XF(B Value(Bldg) 0 Appraised OB(L)Value(Bldg) 0 Appraised Land Value(Bldg) 19800 _9. ,r ,5 .-0 �A= Special Land Value ' . 'Total Appraised Card Value Total Appraised Parcel Value 62,800 Valuation Method: 62,800 Cost/Market Valuation Totalpp ed rarcel Value , BOMIGAM n>. ermi issue ore pe escnp on Amountnsp. _a omp. a e mp. I Lontmenua e os wav -ro , nagp 1�1nic au"Wuse Description zone m o � single am . mat Law un� Property Location: 385 NMCHELLS WAY HY MAP ID: 291/ 01-4/// Other ID: Bldg 1 Card 1 of 1 Print Date.03/03/1999 Element esenp o Gom men e 11 RanchElement Description., . odel 1 Residential ea de - ram¢Type aths/Plumbing tories I Story ccupancy 0 eiling/Wall oms/Prtns terior Wall 1 4 Wood Shingle /o Common Wall 2 Wall Height ; 2 of Structure 3 able/Hip Roof Cover 3 pb/F GIs/Cmp 12 12 Interior Wall 1 3 Plastered � 2 ere r ement Lode x• escnp ran actor 2 14 Interior Floor 1 14 Carpet omp ex 2 loor Adj nit Location eating Fuel 1 None 2 eating Type 1 None umber of Units C Type 1 None umber of Levels /o Ownership 56 edrooms 3 Bedrooms athrooms Bathroom s 10 Full tiadj.15ase Kate otal Rooms Rooms ize Adj.Factor .24460 Bath Type dj.BasQ)Index �S8 Kitchen Style S.Value New 3,133 ear Built 960;: •.s -- Year Built 975 mil Physcl Dep 2 uncnI Obslnc n Obslnc .': _ u: pecl.Condo Code o e esen on P Percentage Pecl Cond n e am erall%Coo nd. 8 eprec.Bldg Value 43,000 o e escnp eon WIN ni ecea r. pr. a ue' Me . 'escriphon yngre ocsrea .Area nit Losteprec, value rs Floor ,FCP arport 9.9 :2 77 ross a rea , i I . l 16f: • I, HAROLD H, dILLlAl!S, Trustee under a Declaratlon of Trust, mm ated Aoril 22, 19%7, recorded In tha earnst...ble County .egistry of Deeds in Book 97+, Page 373, {$. ri Yersouth (West), Sarns tab le 1 vxt;Txxaulx+ o,:.s:. G AC5 J E- COL: '-rT:E and e+ i ,;T. L, f COLLYU)RE, husband and wife, as TE;;..+5 ,,( 'T-HE e7,71=E7'i, both of k 125 Humboldt Avenue, ,.os tan (nexJu r;), Su�J tic Count,, -sect..^.0 setts, tic land in Ea rns tnble (Hyn nnls), Ba rn:s tn iz .,)un I _sa=h'.:sa tis -I th L'le buildlnas thereon, r- .. .. . .,bouc.fad c ...3: fo 1 lows t I `( ?'JRTHhR LY by the Northerly c:alf of Lot Y 7, as - !o.+n an o12n h-.rz- Inn: er :I, Cne iiundred wt:nty-Sae,_n l_r ) r felt, more Jr less; r EASTERLY by !dltehell's Way, cis shown On Bald Man, Cnc 'tiundred Thirty end c'0/100 (I,j.JO) feat SOUTH EA 57c R LY by 1a d of '!ICred 'n. "-or N1nct.•;-ilr as sho'.:n on said plan, _.ht .�,d ��/1C0 (9 ) feat; WESTERLY by Iand of PliIIin Lat?hes!,, as sticwn �n said pi�rt, ;; _ Hundr=_d Nenty-Ones and uj/lu (121,63) fact; - KUT}tcRLY by land of sald Lath a,, ;!s s:'lown on aald p!an, 7111rLy- Fivc and C0/1J0 (j�,(iJ) fiat; anal ,-,t xFSTEiiLY by a porticn of Lot 5, a' sh.ar. on said plan, Thirty- , r „1 Eight and 00/L�,rn 3• �D) fe_t. 'f -- Being sho:+'n_ as LOT P and T�� a11i ,E SLY 'rv1LF Qr ICT 7 cn otan iClids "Plsn .f �a'nTnya ',;ar: -uTe�'�3ss. as sur e'd icr Harold H, Willians - Tn:stee Scale 1 Inch = L-^ feet Sooterbcr 19;7 'dhl Ll2y d Bassett - Architects S Enoinzzrs Hyannis, "ass.", w.`!lch said plan Is duly filed in the Sarnsta::le our:ty ;ie,lstry cf i -ds In Plan Book 137, Page 131. Subject to any and all rxstr!ctlons of record, lnsaar ,s t!ic t2ry'' sane may be In force and applicable. ;,"IT Being a po,rtlon of the nrcmises convcye:l to Harold H. Trustee, by deed of Dora Carron, dated Apr!1 22 1�37 rat r ud In said Registry of Deeds in Soak 971t F are 370 !)l_ !- th_, tItt; rziarencz tc L::t 7, r r tltia to Lot r 1:L{-+'"c �t et ux to Harcld 'I, l'!1lfa^:;, Trust a!e 22, c, .._. I said Registry of `zeds in Roo., 1-J!,2, P xrxx � 11. my. ,:.rJ ,i=:.�iibl... fru3tz as a-tcresald �iir trcriw:nun;:r,lh ri 4r;;r.�.!;i•:ht;IIa tit �a rn o't;"o b rr ff xz4kXAx'xaxx I�AR+Ek I AL rr�uc o4 7 0.9:49 6178375117 BP t087-5-M40 93.'.09-13. 2�55 Nb45�2 j, 6]R11�001e �lly�er vlviM tlJft3* by the entizretlr, of $ar'fl6table 6tlt (Hyannis),:Bornstablo County, Hawadtu:satts, far.oottgideratiott paid of 'grant tC+01 ML llitd:r ll OZ '369 Xitdw1U War, Sormtable o CY+mi (Fii► 1, Bastt.4teoe . o Idus tts .02601 .and srR s. la o%vff o€ 267 'I Mt 102 2rd Str+eeR (lypart:eatlt 41►). Ilea+ Yatk, Nw Ycrk 3,0025. ns tenants in conseoe►,. I with �it�lsir� oavoru s, the land, togeshrr With tha lwilctbW t2 umm, Gituate� In Bosnstaple (8yannls). S=otab19 MMtY, }�gga,dMMttl<, otur]od and ` de6CrihEd as f011aaas: 1 , 1 NMr MZ. by the NoLthwly half 09 Lot '7, as abown an plot tWro rafter v=.tiaxad, are b vdrad bwentY"eeven and 027) feet, rage or less' �m on said plan, one hu:drsd thirty BASTOW by Kitdwll's Way, as and 00/3.00 413.0.00) seat: got q!'LOt <wd W.. mmm, as QW LY by lard of Aild on said plan, _ ninety-eigt land 94/1C0 (96.8a) feed WESPERt,Y by as W%om an said plan, Qm hurdr+ed land of. Philip Lathers, tumty-ale bAd 631100 (121.63) feetl* 4 f i q��,Y by land of Safe Tiithm, es �1 on saiii plan, thirty-five and 00/]00 (35.00) feet,- an& en �� -eight.ard Wg ,y )yy a . portim or Lot 5, as sham an a.a pl . y poll,00 (38.00).feat. d'r Being shcxrn e e��-tt.*orly hnif of lot an plan entitles: �^ "Plan of. Liu-A. "Yarv:is. earnotabll .lass• as wuevoyM !oo^ �H. William. `irufftM,-. Saeilo i;'it� r'40 feint, 1957, Vhit a a►r+d:it : • cc ptginaer,g, Hy�►rw+is, 'Mas® ",;.,tuc#t mid.p1An.is duly +ilea in the Barnstable r C oaurty Registry oZ Deem in Plan bolt`131 Psi 191.to F I .� ,y'and all rrskrict�ons of record,. insofar as tha Sam may Wbject be 111 Tviw and piirslble. 4; tho abma doearibed�� �(�mrheer b a�e astablt �� and eta'l.." Collymare, title, ..see y thq t* G&11 dated octoba 26,'.1961.reoor'd©d husbara and wife, as terents by the ertt Henneata L. Oollynut'e died June a], ill ►aid RargiatcY in Sock.11'14 gage 541. a Comty pxnbatia cmwt volvitary Ir 1993. see Peath Cortifio*A €'led in Barnstabl A*ainistratian Co" No. 93P-0983-wl. wMam'�. d As w Sala= 2149MCM this .. dwy of 9ept=h=- 1M. ff � aim C �1 ►init ap� •;I i Sopt�bar 13. 199s 1 appeared named G1,�dRborsx Collyom "aid'� 4han pea�1 Y to. his floe deed, before me, /�/Ij .r «-s..� j� � FttAlic kI Donald F HenOo:�e } ry o m►imaon E*ireB: M11 comMleslon Expires Apol 14,1996 �Itt�tv.�*A&E c4uH-T-y 8AR1t5TABtE REGISIA`�Of DEEDS ATRuECOPY, QUITCLAIM DEED CAROL M. MITCHELL and ARLENE S. WOODRUFF of 369 Mitchell's Way, Barnstable (Hyannis), Bamstable County, Massachusetts, as tenants in common, for the full consideration of: nominal consideration Grant to JOHN K. RICE and CAROL B. RICE, both of Philadelphia, Pennsylvania, Husband and Wife as Tenants by the Entirety with QUITCLAIM covenants The land, together with the buildings thereon, situated in the Town of Barnstable (Hyannis), Barnstable County, Massachusetts, further described as follows: PARCEL "A" as shown on a Plan of Land prepared for John R. III and Carol.Rice et' al, Scale 1" = 20', September, 1998, by Baxter & Nye Inc., Registered Land Surveyors, Osterville, Massachusetts, recorded in the Bamstable Registry of Deeds in Plan Boo Pa For our .title see deed of Gladstone Collymore dated'September 13, 1993 r` recorded with Barnstable Registry of Deeds,in B60kt 8775 at Page 340. WITNESS our hand and seal this I day of ✓ J998. _ y CAROL M. MITCHELL /vi A LENE S. WOODRUFF Barnstable, ss. `� / , 1998. Then personally appeared the above-namedCAROL M. MITCHELL and ARLENE S. WOODRUFF and acknowledged the foregoing instrument to be their free act and deed, before me. Notary Public i dam' My Commission expires: • C f1�L L'S . �. , a •w. /eOF-ME op eo/ .►► /I A R. .O. �j 'r NIP a 2 .�►. �i/zoo f' s«of�. ' iisto�� ` i;Ise�' �so f • p PN/t/0 Lw�wswi 4 fz:a'e�.el.rot-an 9eeQ� w. s�•si:nl cr to eara Ot as."tt� ago cr:U�a�sr or Ala 4040 OF LAND 4'y',9NN/S-QAQA.57 QC E, MASS. .Rr .THRY/y/O JOI[ Jo..t• I/N6M _ o .s..o^ .Sea.rs /9S.V -� 'IYN/!Ally �. 'A.flJJ I7T � Ill CN/T�GT1 r �AIO/AI/J/,/ Ilyw.v.viJ.. Mavis. :Ta-u? i u` 136-86 -14 �'24'00 E - 75 �` ` . N 7 - 61 72 LEGEND Q S&N STAKE & NAIL SET BRB SET FND BRB BARNSTABLE ROAD BOUND 1 FND p a C8/DH CONCRETE SOUND WTH i< FND DRILL HOLE t� a0 N (� 1 ' I o / S 86 33'30' ►N �" I� N — 127.80 O o / o �CN C) /° \O ' SBdV DOG PEN o G s / � !-�•N 87'S4'40" E �� 128.03 S T sEr 75' 0. `� WOOD SHED ! ): 'p p p p O � . CB/DH Z R CB/DH v) FND 35.00' FND N 88'00'500 E 93.40 i 545.00' N 89'03'30" W NOF Rom A o #302 14,913±SF o N z o rn 0 o N O Ga SKETCH PLAN SHOWING MONUMENTS FOUND OR SET A T 369 MITCHELL'S WAY HYANNIS, MASS 1"=30' AUGUST 26, 1996 CB/ H y \ 9 4 _ ND 1,50 PO Box 718 ? 5 6g 2 Hyannis MA 02601-0718 vow y (508) 790-7902 voice/fax CB/DH BRB I 0 15 30 45 60 FEET FND FND �A949 2 1 1 #24� �.: MAP 291 i - 249 ❑ _ y CD r� 2 q` hur29>,..'. 1, = s #6' 57 " 300 . BUFFER ,i -1 i 3 1 L49 -_ 291 #273 2.4 #478 2912', MI CH, `J19V # 1 428.1 #289 I --" _; # se ---#364 3s 29 29 M6i 29 S1gAP�91 _ 6�t �p�9J., # 69 •#32 191 #3 9 91 L�M69 291 ❑ ❑. #334 2 L �y 29 #9� Nu1929 #43 #341 �1MG #319 ►190 094 L IAAP 1 AIM 291 <. \� #418''- #331 i 12 'j2 _ Auerso #327 Mde290 i' C Mpe290 _ _ - #321 # , \. INJIC290 ------------•-•-- - / MAP 291 PARCEL 13 CAROL MITCHELL N W �" E WOODRUFF ARLENE14' s SCALE: 1"=150' I TOWN CLE['tK �TMe� '99 MAR 24 P 4 .0 i NAM Town of Barnstable THIS DOCUMENT HAS Zoning Board of Appeals NOT BEEN RECORDED Decision and Notice FILE COPY ONLY! Appeal Number 1999-32-Mitchell/Woodruff Special Permit Pursuant to Section 4-4.2 Nonconforming Lots Summary: Granted With Conditions Petitioners: Carol Mitchell and Arlene Woodruff Property Address: 369 Mitchell's Way, Hyannis Assessor's Map/Parcel: Map 291, Parcel 013 Area: 0.33 acre Zoning: RB Residential B Zoning District Groundwater Overlay: WP Well Protection District Background: The property that is the subject of this appeal consists of a 0.33 acre lot(approximately 14,913 sq. ft.) commonly addressed as 369 Mitchell's Way, Hyannis. The site is improved with a single-family residential dwelling. It is located in a RB Residential B Zoning District,which has a minimum one acre lot size requirement. The property is currently nonconforming with regard to lot size, being only 0.33 of an acre. Through adverse possession, a portion of the applicants' property (approximately 630 sq. ft.) is going to the abutting lot to the north, owned by John K., III &Carol Rice. The conveyance of this land creates a more nonconforming lot. The subject lot will be reduced in area from 14,913 sq. ft. to 14,283 sq. ft. (a reduction of about 4%). The abutting lot to the north, also nonconforming with regard to lot size, will increase in area from 15,329 sq. ft. to 15,959 sq. ft. This lot is also developed with a single-family residential dwelling. The applicants are applying for a Special.Permit pursuant to Section 4-4.2, Nonconforming Lots, to legitimize the increased nonconformity of the subject lot due to a portion of it being conveyed to the abutting lot to the north through adverse possession. Section 4-4.2(5), Merged Lots, states: "No lot, or portion thereof, may be changed or transferred in any manner that will increase the degree of nonconformity unless a special permit has first been obtained from the Zoning Board of Appeals. No such special permit may create any additional buildable lot(s)." Procedural Summary: This appeal was filed at the Town Clerk's Office and at the Office of the Zoning Board of Appeals on January 25, 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. The hearing was opened March 17, 1999, at which time the Board granted the requested Special Permit with conditions. Town of Barnstable-Zoning Board of Appeals-Decision and Notice Appeal Number 1999-32-Mitchell/Woodruff Special Permit pursuant to Section 4-4.2 Nonconforming Lots Hearing Summary: Board Members hearing this appeal were Ron Jansson, Gail Nightingale, Gene Burman, Richard Boy, and Chairman Emmett Glynn. Arlene Woodruff represented herself. Ms.Woodruff explained she is seeking a Special Permit pursuant to Section 4-4.2, Nonconforming Lots, to legitimize the increased nonconformity of her lot due to a portion of it being conveyed to an abutting lot through adverse possession. That lot is Parcel A. As background, Ms.Woodruff explained the neighbor has three large dogs. She wanted a fence and called a surveyor. They found the dog shed and part of the dog pen was on Ms.Woodruffs land. Mr. Rice(the abutter) said he thought the land belonged to him. The abutter sued for the land where the dog pen sits, citing adverse possession, because the previous owners (Mr. and Mrs. Lane)built the dog shed over 20 years ago. Based on the civic action in land court(#241469), the applicant has applied with the ruling of adverse possession and is not fighting to retain her land. Ms.Woodruff had a fence installed and the small portion remaining is now Parcel A. This is where the dog pen is located. The abutter's attorney has drawn up a land plan, and a mutual release and settlement agreement. Pending the grant of this Special Permit, she will sign those documents so this situation can finally end. The Board questioned why the Zoning Board of Appeals was involved. If this is not a voluntary conveyance but a transfer through adverse possess, mandated by court order, then zoning relief is not necessary. Attorney Richard Garvin, attorney for abutters John and Carol Rice, addressed the Board. He reported there was a case of adverse possession however, it was settled by deed not court order. This was a voluntary conveyance-not a court order. It was when the Rices brought their plan to the Planning Board, they were informed that zoning relief was necessary and that is why the applicant is seeking a Special Permit. The Board reviewed the plan and told Attorney Garvin that the dog pen/shed in question does not meet the minimum setback requirement based on the new boundary line on Parcel A. Either, the dog pen/shed (which is a structure) must be removed or brought back to meet the setback regulations for the district, or Variance relief will be required. Ms.Woodruff wanted the record to say, the prior owners were good neighbors, it has just been since the new people arrived that trouble began. Public Comments: No one else spoke in favor or in opposition to this appeal. Findings of Fact: At the hearing of March 17, 1999, the Board unanimously found the following findings of fact as related to Appeal No. 1999-32: 1. The property in issue is addressed as 369 Mitchell's Way, Hyannis, MA as shown on Assessor's Map 291, Parcel 013 which is .33 acres in size. 2. The subject property is located in the RB Residential B Zoning which requires one acre and because of its size, this lot is nonconforming in terms of dimensions. 3. The Petitioners, Carol Mitchell and Arlene Woodruff, are the owners of interest of this particular parcel. 4. There arose a dispute between the owners of this parcel of land and the adjoining owners of land with reference to the ownership of a smaller parcel of land consisting of approximately 630 square feet. 5. The matter was presented before the land court in Boston, as a result of which, the adjoining owners claimed this land by the principle of adverse possession, claiming they had notoriously occupied this property continuously and openly for twenty years or more. 6. The Petitioner's lot, in view of the fact that a stipulation has been entered into between the parties, will be rendered even less nonconforming and accordingly requires a Special Permit under Section 4-4.2 - Nonconforming Lots. 2 Town of Barnstable-Zoning Board of Appeals Decision and Notice Appeal Number 1999-32-MitchellMood ruff Special Permit pursuant to Section 4-4.2 Nonconforming Lots s 7. In order to comply with the court order, an ANR (Approval Not Required) Plan was prepared. The Planning Board indicated to the Petitioner that before they can sign off on the plan, a Special Permit from the Zoning Board of Appeals was needed. 8. In granting the relief being sought, by allowing the nonconforming lot to be further rendered nonconforming as a result of the claim for adverse possession,would not render the lot objectionable or detrimental to the public good or neighborhood affected. 9. The relief may be granted without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. Decision: Based on the findings of fact, a motion was duly made and seconded to grant the requested relief subject to the following terms and conditions: 1. The lot shall be conveyed as shown on the proposed Approval Not Required (ANR) Plan presented to the Board and titled"Plan of Land in Hyannis, Barnstable, Mass. for John R. III &Carol Rice et al. dated September 28, 1998, specifically shown as Parcel A. 2. The ANR Plan, to be approved by the Planning Board, shall reference this Decision of the Zoning Board of Appeals and both the Plan and the Decision shall be recorded at the same time. 3. Nothing herein shall be construed within this Decision to allow the existing shed,which no longer is conforming, to be granted special status by this Board. In essence, that shed needs a Variance in order to continue to stand as-is in view of the fact that it is on the side lot line and does not conform to the setback requirements of the district. In the absence of a Variance, the Building Commissioner .shall be notified that the shed needs to be removed or relocated. The Vote was as follows: AYE: Gene Burman, Ron Jansson, Gail Nightingale, Richard Boy, and Chairman Emmett Glynn NAY: None Order: Special Permit Number 1999-32 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty (20)days after the date of the filing of this decision. A copy of which must be filed in the office of the Town Clerk. 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 / da ..o edfider-the pans and penalties of perjury. Linda Hutchenrider, Town Clerk 3 Planning Labels 23-Feb-99 RefNo mappar ownerl owner2 addr city state zip 32 290 056 FORTES, EUGENIA & LEVI, JACQUELINE 400 PITCHERS WAY HYANNIS MA 02601 291 002 PLAKAS, WILLIAM J 22 CASEY CIR WALTHAM MA 02451 291 003 AUSTIN, CHRISTOPHER & BRAZELTON, KIM D PO BOX 613 W HYANNISPORT MA 02672 291 004 MCCRAE, WENDY WALSH 117 BROADWAY N ATTLEBORO MA 02760 291 005 DALUZ, JOSEPH DOLORES E DALUZ 90 MITCHELL WAY HYANNIS MA 02601 291 006 BROOKS, KAREN H & RUBINO, JEFFREY A 5 PHILLIPS RD HYANNIS MA 02601 291 007 CURTIS, MAURICE A CURTIS, FLORA L 364 MITCHELLS WAY HYANNIS MA 02601 291 008 GONNELLA, ROBERT J P O BOX 772 OSTERVILLE MA 02655 291 009 BAILEY, WILHELMINA S 334 MITCHELLS WAY HYANNIS MA 02601 291 010 BAILEY, WILHELMINA S 334 MITCHELLS WAY HYANNIS MA 02601 291 011 001 TILLMAN, FRANCES LOVELLA 35 STRATFORD LN YARMOUTH PORT MA 02675 291 011 002 TILLMAN, FRANCES L 35 STRATFORD LANE YARMOUTH PORT MA 02675 291 012 JACKSON, JAMES 38 WEST 55TH ST BAYONNE NJ 07002 291 013 COLLYMORE, GLADSTONE MITCHELL, C& WOODRUFF, A S 369 MITCHELLS WAY HYANNIS MA 02601 291 014 RICE, JOHN K III & CAROL P O BOX 233 W HYANNISPORT MA 02672 291 015 WILLIAMS, RUTH E EST OF MCNULTY, THOMAS J JR PO BOX 1059 BARNSTABLE MA 02630 291 016 COLLINS, BARBARA J 458 PITCHERS WAY HYANNIS MA 02601 291 017 002 LAVERTY, THOMAS & PATRICIA 20 ERIN LANE HYANNIS MA 02601 291 017 003 BARROS, DOMINIC H & JOYCE V %BARROS, DOMINIC H & JOYCE V & 32 ERIN LN HYANNIS MA 02601 291 017 004 REBELO, MARIA F & CRUZ, JOAQUINA 44 ERIN LANE HYANNIS MA 02601 291 017 005 HEAFEY, KEVIN W & SEYMOUR, EDWARD D 197 N MAPLE ST NORTHAMPTON MA 01060 291 017 006 CAPPOLA, MARIA TRS LELLE MAGGIO TRUST 121 EDWARD RD WATERTOWN MA 02172 291 017 007 HUTCHINGS, SAMUEL M & HUTCHINGS, KATHLEEN G 43 ERIN LANE HYANNIS MA 02601 291 017 008 REX, WILLIAM J JR 25 HORATIO LN CENTERVILLE MA 02632 291 017 009 COPPOLA, MARIA TRS COLLE MAGGIO TRUST 121 EDWARD RD WATERTOWN MA 02172 291 017 010 NOCELLA, RICHARD A& PHYLLIS %SANCES, NICHOLAS J 19 ERIN LN HYANNIS MA 02601 291 018 GOMES, TRAVIS M %DIGGS, JOSEPH TR 87 OAKVILLE AVE OSTERVILLE MA 02655 291 023 ADIMORA, WINIFRED E ADAORA A ADIMORA 609 COLUMBUS AVE APT 4T NEW YORK NY 10024 291 024 001 CURLEY, JAY J & ANNETTE K 24 YALE AVE WAKEFIELD MA 01880 291 024 002 PIPER, ADRIAN M S 418 MITCHELLS WAY HYANNIS MA 02601 291 024 003 CURLEY, JAY J & ANNETTE K $PIPER, ADRIAN M S 420 MITCHELLS WAY HYANNIS MA 02601 291 025 ROSARIO, JOHN J HILDA M ROSARIO BOX 1147 HYANNIS MA 02601 291 042 GRAY, GEORGE I %PAUL, AMY TR 6 ST JOSEPH ST HYANNIS MA 02601 291 044 ROSE, TRAVIS 7 ST JOSEPHS ST HYANNIS MA 02601 1 RetNo mappar ownerl owner2 addr city state zip 291 045 FRANCIS, ANTONIA I & DELGADO, JEAN & PATRICK 390 MITCHELLS WAY HYANNIS MA 02601 291 203 BAILEY, WILHELMINA S 334 MITCHELL WAY HYANNIS MA 02601 291 210 CANELOS, PHILLIP A &JULIE E 1 PHILLIPS RD HYANNIS MA 02601 291 230 GONNELLA, ROBERT J P 0 BOX 772 OSTERVILLE MA 02655 2 Proof of Publication S N MON Kati 310 RNA f W_� th 4§ MW -� bdgwk 1 d t g��� � n� �� �►p . �S]A7 II I�14 1 4 49tl G W G11�r � J��Qt Aoft MA ` :E�ISO LQ� � 0E ,�� PFTv e�I �,saw - 1Y Engineering Dept. (3rd floor) - / Parcel 0/3 Permit# A-3 81 n House# '31;`q /?A-z Date Issued & 1 f! 9 Board of Health(3rd floor)-(8:15 -9:30/1:00-4:30) Fee e ��,d O ConJDe floor)(8:30-9:30/1:00-2:00) )`�. �4 SEPTIC SY fl� �ST DE Plan /School Admin. Bldg.) E IN�YAL PUANCE Defid by Planning Board 19 - EN°�9R® ®DE AND TOWN OF BARNSTABLE T01%1Building Permit Application Proj Village 2��Lzjohuw/4 Owner , L e1r1,6!�- �6t%�„ j Address 1, Telephone d--Yef2-e Permit Request /�/ L, 21! 212prL, First Floor square feet Second Floor square feet Construction Type ,17 a Estimated Project Cost $ Zoning District Flood Plain Water Protection Lot Size Grandfathered ❑Yes ❑No Dwelling Type: Single Family 41/' Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House ❑Yes U�o On Old King's Highway ❑Yes U-Wo 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 No. 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 Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size) ❑Attached(size) ❑Barn(size) ❑None ❑Shed(size) ❑Other(size) Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ . Commercial ❑Yes 10 If yes, site plan review# - Current Use Proposed Use Builder Information Name Jd,,77 ee1Z'1 �L Telephone Number 542 S7— .9Ss�;r Address- ,�� ,�'�� jAi �j�— License# C f-7 a 3 Z Home Improvement Contractor# 40074016 Worker's Compensation#, gw/3 f3 Z7_&Z 4 NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO DdJ'7� SIGNATURE DATE BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S) 1 ANN 4, �� � ��, il4- ' ram `J Nov FOR OFFICIAL USE ONLY • i PERMIT NO. DATE ISSUED ; MAP/PARCEL NO. DRESS VILLAGE OWNER DATE OF INSPECTION: t FOUNDATION f - FRAME - INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL , PLUMBING: 4tOUI3 FINAL GAS: wOUGI3 FINAL FINAL BUILDIFMy Fray £ 1"+:y y� DATE CLOSEDA ASSOCIATION PI✓1�1, Nd.r i y� tit•-r .tr:�=Nei ..+•..• tr .�-<•�J.r� - rh��•�-ice -'�-.�i •�-�t��� v r• • r- ~.• • • ... •• S-%�I•l:'••6y Tfi.•.1�•f}��J •.fir - _67 •�:1 Cl ��CjSTRATION I _ . • IMPROVENIEN t_ CONTRACTORS R_ '�?oa;d of Building ResuLatiores and Standards ' ,s`'tburton place - Rooc 130j l 'BQsto n, ttassachusetts 02208 � _ I;j-ROV=_—M—= IT CON 1 RAC T OR [ s�ra_ian 104740 Expiration 06r23.1S8 I �,, ��'��.� ....: PR E VATE CORPORA T ION j _ T!'nz=YE`:zT Cn-ITRACraR • 6 R. s'r ela fQeiaa F AT-c am.crg4TIT4 oC,t E1• INC. Cr-:;_I7I F;Ot�.E Tt�,a, V ENT., III T hor„as Cap iz;i , Sr _ l 16=S Newton P.d _ l ?,.= FCyc C�::Yc-eft, I?_ Cc t�� t ttA 02635 � ? %tc;as C:p?�', <<• i COSTUN oo `•• .�-C:�^� /�' /�� ram• //•{{//�/}��- � y L;v_'IJ:;Z�n•;09IZ5�1S�17 ,, �� � _, . : - .. - : `J_�:`� _' 1w� G2bbII �. �•=i_^.�yvj";.jam � - .`•Lam'{+Y_.�1_ •�:. - . • - •L•�•vi ---Y`J��••�- =l 1 �•�� •I-•Y: 1__L f- 3' .. _ '1 :--' ••-. •-•till♦ • f -'•: - •• -�•-••. _.. '�. • -•+. •' I. t-.' • The Commonwealth of Massachusetts ' (� Department of Industrial Accidents �= •. , — - OfREE o1l�yEsil9atlutrs 600 Washington Street Boston,Mass 02111 �u Workers' Compensation Insurance Affidavit a • ZZ ca i G c �� �///� G phone 19 g I am a homeowner performing all work myself. rj I am a sole proprietor and have no one working in any capacity I am an employer providing workers' compensation for my employees working on this job. m anv nam address- Dhone city- Z insurance co. f ���% �a policy " 0����3 z 2 may..--3— :,.��.�.��s_ - 1 •.,•-��....._..,. s- I am a sole proprietor, veneral contractor,or homeowner(circle one) and have hired the contractors listed below who have the following workers' compensation polices: com anv name addre 1. one!,. cite: insurance It v om anv name- address: I city: h ne li v 9 insurance co. ..�. Attach addidona[�sheet if necess_a-'_'� `: - ro. ail� Failure to secure coverage as required under Section 25A of 1lGL 152 can lead to the imposition of criminal penalties of a fine up to S1�00.00.and/or one years'imprisonment as v.ell as civil penalties in the form of a STOP W'OR1:ORDER and a fine of 5100.00 a day against me: 1 understand that a copy of this statement may be for^2rded to the OtIIce of Investigations of the DIA for coverage verification. 1 do hereby certify u paints a penalties ojperjury that the information provided above is trle and correct. n Date Sienaturc !riot riamc__, d�lLLi'� GO/ Phone official use only ^ do not M rice in this area to be completed by city or town official permitAieensc rlBuilding Department city or town: OLicensing Board [ISelectmen's O(rce check if immediate response is required Health Department phone.**. n0ther_,___ contact person: _ THE The Town of Barnstabl • seaxsrasr.� • e 9e}, MAS& Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner For office use only Permit no. Date_ f l8 97 AFFIDAVIT HOME IMPROVEMENT CONTRACTOR LAW SUPPLEMENT TO PERMIT APPLICATION MGL C. 142A requires that the "reconstruction, alterations, renovation, repair, modernization, conversion, improvement, removal, demolition, or construction of an addition to any pre-existing owner occupied building containing at least one but not more than four dwelling units or to structures which are adjacent to such residence or building be done by registered contractors, with certain exceptions,along with other requirements. Type of Work: ezr,,�Ey e 20fi-¢-17p&#f Est.Cost_ 3G Address of Work: .�� /'�!/` ��' Gy�� ��y -r✓R/.�5 Owner's Name Date of Permit Application: I hereby certify that: Registration is not required for the following reason(s): Work excluded by law Job under S1,000. Building not owner-occupied Owner pulling own permit Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FUND UNDER MGL c. 142A SIGNED UNDER PENALTIES OF PERJURY I hereby apply for a permit as the agent of the owner: Aj�L/�7/ /6 0 7'11 Date A?��Co ractor Name Registration No. TT OR Date Owner's Name V� �♦:Z iY�Z iYfZ�ffi�2� �t.l�LGLV���Z�!�%'1�f!' � . OME 'IMPROVEMENT CONTRACTORS REGISTRATION j i: Board of Building Regulations and Standards i 1,One Ashburton Place. - Room 1301 Boston, Massachusetts 02106 j HOME IMPROVEMENT CONTRACTOR "L_--" "- ----"-"""""""""""" """"- Registration 100740 Expiration 06/23/98 Type — PRIVATE CORPORATION HOME IMPROVEMENT CONTRACTOR Registration 100740 CAPIZZI HOME IMPROVEMENT, INC. I Type - PRIVATE CORPORATION Thomas Capizzi , Sr . Expiration 06/23/98 1645 Newton Rd. I Cotuit MA 02635 t I CAPIZZI HOME IMPROVEMENT, INC Thooas Capizzi, Sr. 4 � Newton Rd. ADMINISTRATOR Cotuit MA 02635 i yj ,�?,�� 3;.1!„ir DEPARTMENT ONE A3148UIlDOSTUNIP , r 'kUGTION�SUPERVISOR LICENSE �:'�, >� x Expires: . te � t�{E fitsVC ►9FXt.GAPIZ�IaJR; .. OCIVAi� 2NS`1` B ',', A` 02660 The Commonwealth of Massachusetts Department of Industrial Accidents exce ORMS91290/S 600 Washington Street . Boston, Mass. 02111 Workers' Compensation Insurance Affidavit licant informafion: y , 1m.. Ci LY r location cih i ZG. phone# ( am a homeowner performing all work myself. I am a sole proprietor and have no one working in any.capacity I am an employer pro%idine workers' compensation for my employees working on this job. cornl2any name: address: phone#• insurance co — I am a sole proprietor. General contractor.or homeowner(circle one) and-have hired the contractors listed below aho have the following workers* compensation polices: company n me: addres city: phone#: insurance co. - lic •# company name address- phone#• insurance co Failure to secure coverage as required under Section 25A of MGL 152 can lad to the imposition of criminal penalties of a fine up to S1,5N.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a floe otS100.00 a day against me. I understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verifiatica. 1 do hereby certify under the pains an enalties of perjury that the information provided above is true and correct Signature ate Print . 'n name �^ C0/T :. Phone official use only do not write in this area to be completed by city or town official city or town: YARMODT11 _ permit/license p riBuilding Department sin Board �Licen g check if immediate response is required 261 ❑Selectmen's Office Health Department contact person: phone#;_ .(508) 398--2231 ezt. rnOther (res"sed i;Ot PJA) e b 1 . . ens to The Town of Ba t Department of Health Safety and Environmental Services +as9- Building Division Ma 367 Main StIOCk HYaaais MA 02601 Ralph Cry C)M= Big Gaon F= S)g-77s-3344 For office use only Permit no-__ AFFIDAVIT . HOME IIKPROVEMENTC TO APPLICrOR ATION - SUPPLEMENT TO requires that the"teconstractim alterations.reaoeatiM o cowa=M p aent,.rzmo�al, demolition. ore==cdm of an addition to-my pre-�8 otter 0,,,pted building containing at least one but not more than four dwelling units or tosuucm= which are aigaaai to such residence or building be done by registered contractors.with certain i compaoM along with other r �,, ,.�;-r��,, Est.Cost .3•��'� Type of Work: � ire e Address of Work: 0%-ner.Name: GV'.- Date of Permit Application: -- I hercb�certify that: Registration is not required for the following rcasou(s): Work caduded by law Job under SI,00o _Building not owner-oocnpied per pulling own permit Notice is hereby given that: CONTRACTORS OWNERS FULLING THEIR OWN PERNQT OR DEALING r RK DO N�E ACCESSOT HAVE TO 'fHR IFOR APPLICABLE HOME IWROVE3�NT O ARBrrRAMON PROGRAM OR GUARANTY FUND UNDER MGL c 142A - SIGNED UNDER PENALTIES OF PERMY I hereby apply for a permit as the agent of the cmmer. 1670 74�� �°— �' Regrauon No. . Date OR _4Irhi-0 DATE(MM/DDNY)I® CERTIFICATE OF LIABILITY INSURANCE 1.1 06118/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE POE if BROWN, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2600 Lake Lucien Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 100 COMPANIES AFFORDING COVERAGE Maitland FL 32751-7234 COMPANY A North River Insurance Co. INSURED COMPANY Haley Construction, Inc. B 212 Hiclunan Drive COMPANY Sanford FL 32771 C COMPANY D COVERAGES— �THIS�lSyTO CERTIFY THAT-THE-POLICIES OF INSURANCE+LISTED-BELOW-HAVE-BEEN'ISSUEb-TO THE'INSURED-NAMED ABOVE-FOWTHE POLICY-PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DDNY) A GENERAL LIABILITY 5430689163 06/30/97 06/30/98 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2,000,000 CLAIMS MADE FXJ OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) $ 100,000 MED EXP(Any one person) $ 5,000 A AUTOMOBILE LIABILITY 1336306041 06/30/97 06/30/98 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: $ A EXCESS LIABILITY 553 039622 06/30/97 06/30/98 EACH OCCURRENCE $ 4,000,000 1-71 UMBRELLA FORM AGGREGATE $ 8,000,000 X OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY A 4060052208 03/01/97 03I01/98 EL EACH ACCIDENT $ 500,000 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ 500,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 500,000 OTHER A Leased Equipment 5035201488 06/30/97 06/30/98 Limit 100,000 Deductible 1,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPE IAL ITEMS Certificate Holder with respects to live Garden at 1095 lyannough Rd Job #5477 CERTIFICATE_HOLDER CANCELLATION_ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Hyannis EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Building Dept. 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 367 Main Street BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Hyannis MA 02601 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTH RIZED REPRESENTATIVE ACO DR'S r 1/95) ACORD"CORPORATION_1988 �q AI/III/II® DATE(MWDDNY) PLD��ER------� CERTIFICATE 'OF 'LIABILITY INSURANCE 06/19/97 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE POE ✓3< BROWN, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2600 Lake Lucien Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sub 100 COMPANIES AFFORDING COVERAGE Maitland FL 32751-7234 COMPANY A North River Insurance Co. INSURED COMPANY Haley Construction, Inc. B 212 Hickman Drive COMPANY Sanford FL 32771 C COMPANY D COVERAGES "THIS ISTO CERTIFY-THAT THE-POLICIES OF-I NSURANCE`LISTED BELOW'HAVE-BEEN ISSUED TOTHE-INSURED NAMED-ABOVE-FOR-THE-POLICY-PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TAR POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY;;Ui+iBER LIiMiTS DATE (MM/DD/YY) DATE (MMIDDNY) A GENERAL LIABILITY 543 0689 16 06/30/96 06/30/97 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2,000,000 CLAIMS MADE FX�OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ 100,000 MED EXP(Any one person) $ 5,000 A AUTOMOBILE LIABILITY 133 017107 4 06/30196 06/30/97 COMBINED SINGLE LIMIT $ X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ 1,000,000 NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: $ A EXCESS LIABILITY 553 039622 06/30/96 06/30/97 EACH OCCURRENCE $ 4,000,000 X UMBRELLA FORM AGGREGATE $ 8,000,000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY TORY LIMITS ER - A 4060052208 03/01/97 03/01/98 EL EACH ACCIDENT $ 500,000 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT Is 500,000 PARTNERSIEXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 500,000 OTHER A LEASED/RENTED EQUIPMENT 503 520 148 8 06/30/96 06/30/97 LIMIT 100,000 DEDT 1,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS Certificate Holder with respects to Olive Garden at 1095 lyannough Rd Job #5477 CERTIFICATE HOLDER' -CANCELL•ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE` City of Hyannis EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Building Dept. 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 367 Main Street BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Hyannis MA 02601 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. A •RIND REPRESENTATIVE, ACORD 25,5 (1/95) ., ,,, .T © ACOORPORATION 1988 Assessor's Office(1st floor) Map. e Parcel , Permit#� L Conservation Office(4th floor)(8:30- 9:30/1:00-100) Date Issued Board of Health(3rd floor)(8:15 -9:30/11:00-4:45) Ok Engineering Dept. (3rd floor) House# r Planning Dept.(1st floor/School Admin. Bldg.) - r try t y. gtreet Approved by Planning Board 19 3 � TOWN OF�BARNSTA WITH ®�� � ® � LA�Building PermiApplicationAddress 6 Village .s y� Owne �, Address 319*7C6iJQ_4S Telephone 7 7` _ ,�Zd Permit Request ��` "B i First Floor square feet Second Floor 22 square feet Estimated Project Cost $ Zoning District Flood Plain Water Protection Lot Size Grandfathered ? Zoning Board of Appeals Authorization Recorded Current Use Proposed Use Construction Type ";hy Commercial Residential Dwelling Type: Single Family Two Family Multi-Family ` Age of Existing Structure Basement Type: Finished Historic House et,/a Unfinished Old King's Highway N d Number of Baths No. of Bedrooms . Total Room Count(not including baths) First Floor heat Type and Fuel Central Air Fireplaces Garage: Detached Other Detached Structures: Pool Attached Barn None Sheds Other Builder Information Name AO/V C ��1 �/� Telephone Number Address Zg� l� , c � �/% License# e7 �C.7D 3 Zs Home Improvement Contractor# 1" 7 54d Worker's Compensation# 618-441,&WAf fjfff NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE / DATE BUILDING PERMIT DENIED FOR THE FOLLOWING REASON(S) v FOR OFFICIAL USE ONLY PERMIT NO. _ f DATE ISSUED MAP[PARCEL NO. ADDRESS -. ., VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION. �,. r . '�, 1 � t _ _ `_ • �• -, -. _ '` . FIREPLACE.. ' ELECTRICAL: ROUGH' FINAL 1 PLUMBING: ROUGH, FINAL GAS: : ROUGH FINAL FINAL BUILDING DATE CLOSED OUT- ASSOCIATION PLAN"NO. s ' } 7NETo TOWN OF BAR.NSTABLE + ! i BABB9TaDLE, 9� 0 pYae� BUILDING INSPECTOR APPLICATION FOR PERMIT TO .......t¢ y:......T ....1'�. �L!�rtTrr......: �!lG�. �f!`J�!y ... .. ................... TYPE OF CONSTRUCTION ........l l . ).... f} 1, —............................................. ................................. "K s .............. .�.....� �— ` : ....19 .... TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location .......... .....!vf 1 .....f1'YAA KI1..5.:.../ . :............................................................................. ProposedUse .......:P✓.k.'.ff:. <.lZ� . ....................................................................................................................................... Zoning District .....1� .. ........................................................Fire District .... :�Ty !V'c .................................................... Name of Owner ...... ...............Address Name of Builder I `i' ..�.--.Mf T..0 ...........Address .. Nameof Architect .......... ........................................Address .................................................................................... Number of Rooms .........................Foundation Ca' &'4............................................................ Exierior ..... ............................ .....Roofing / / Floors ........ . ..................................................Interior ..... ir!' G...... 1'........................... Heating ......... ...........................................................Plumbing ....... .......................................................... Fireplace Y .......................................................Approximate Cost ................ Definitive Plan Approved by Planning Board -----------_------____________19 Diagram of Lot and Building with Dimensions —Woo— SUBJECT TO APPROVAL OF BOARD OF HEALTH I � iL SAKI=AIRY WATER SUPPLY, SLW"' I hereby agree to conform to all the Rules and Regulations of th Town of Barnstable regarding the above construction. �✓ � « � Name . :.. � �'t ............................ Collymore, Gladstone ! No ..1 z3.... Permit for ,,, add to single L family dwelling .................................... 3 Location ............69....Mitchell....................Way............................ Hyannis ............................................................................... , Owner Gladstone Collymore .................................................................. Type of Construction .......frame ................................... ................................................................................ Plot ............................ Lot ................................ 0 Permit Granted .........��t ber 2-519 72 141P .9 Date of Inspection �--.....19 /%g Date Completed ... ..................19 PERMIT REFUSED .. ............ .............. ....... ...... Approved ................................................ 19 ............................................................................... ............................................................................... BRe f Mi . r...: _ _...._ J ~ WAS 1 s . •i j�'C HELLS f 40 • ent ra fence \ GATE Mq/M ST FP D '� POLE/1428= edge of 1414,0 OFE } , (a�Rys�' o �• R.L.S. y n 2a,Q0E y. O ff¢P tC7 7 r 6173. 4k PA S':OF ence u: ` Post & roil t N 15,329'sq.ft. Z ORB JOH"!. ':,III & CAROL RICE ET AL. LOCUS MAP o. w SCALE 1 = 2,000' •o ``. r@d\ BrtB.FND ASSESSORS `� `�c �'►y�j�9 �D \ MAP 291 PARCEL13 0GpApm SCN E ZONES Z p 23, \ 0 20 40 W.P. cL,a RIB MINIMUMS �o p� a AREA — 43.560 S.F. FRONTAGE - 20' a c WIDTH 100' c^ iv lawn I PARCEL IS NOT TO BE CONSIDERED FRONT SETBACK 20' Q_ lawn ; ( _ AS SEPARATE BUILDING LOT _ r 510E SETBACKS — 10' 0/ AND IS CREATED FOR � h ,: ' .o� -- REAR SETBACK — 10' �.; yo v I CONVEYANCE PURPOSES ONLY. BUILDING HEIGHT — 30' w w ePO 0? I BARMABLE PLANNING- BOARD i ac f APPROVAL I FN�.TIG o�h t a fence 6' hi h I AL UNDER THE SUBDIVISION c ost & rail 128.02' Snr.FNMTK �b. CONTROL LAW NOT REQUIRED. W _ 87•5 '42'W 58.74 gg, ca 35.21 34.0T 630 s fif,: STK FNO.TK I DATE N new stjckd`de fence 6' gh Sya In S801'7' W I SEE NOTE: NO DETERMINATION AS TO COMPLIANCE WITH THE ZONING ORDINANCE REQUIREMENTS HAS N89'03130"W y BEEN MADE OR INTENDED BY THE N. ABOVE ENDORSEMENT. Wo �qq,, 1. 3 ° 1reA o In PLAN OF LAND No IN oS cr 6 w e e �aor � (HYANNIS) ON N _ iO BARNSTABLE , MASS. FND. fence 6' high._ 3_, 0 _ _ _ I ` 128.02' STKTK c.'��1 ° - 34.07' se 7a• \ ad / 3sz1' Z PAR= B � JONN R.111 FOR S67.54'42'W UJIg `�o so / Y 14.283 sq.fL & CAROL RICE ET AL. ,- v� �. orpA zor ? 1 & wr 8 SCALE: " = 20' DATE:SEPT. 28 .1998 N 630 sq.ft. @o % Z N ° /e gc► ay�k 0001. M. MITCHELL & ARLENE S. WOODRUFF 40 20' °yg� & BAXTER & NYE INC. In new stockade fence 6' high GLADSTONE COLLYMORE °! REGISTERED LAND SURVEYORS 589'17'49"w Cu CIVIL ENGINEERS DMAM OF PAMM A �e9.2�50W OSTERVILLE, MASS. SCALE: 1" _' 10' ii441 1 MILDRED W. MOORE WILLIAM E. & BERNICE D. LANE; OWNERS BK. 1027 PG. 263 &'PG. 492 �. BRB FND #97049A s -� IMPORTANT - UPGRADE REQU°'"' E- STATE BUILDING CODE REQUIRES THE UPGRADING OF SMOKE DETECTORS FOR THE ENTIRE DWELLING WHEN E::::ERM1TT1NG TORS REVIEWED ONE OR MORE SLEEPING AREAS ARE ADDED OR CREATED. NOTE: A SEPARATE PERMIT IS REQUIRED FOR THE `INSTALLATION OF SMOKE DETECTORS-THE ELECTRICAL G DEPT. DATEPERMIT DOES NOT SATISFY THIS REQUIREMENT. T DATE EQUIRED FOR PERMITTING CARBON MONOXIDE ALARMS MUST BE INSTALLED PER MASSACHUSETTS OUILDINC CODE 1 ADD �I s �